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HomeMy WebLinkAbout12-13-1988 I V AGENDA CITY OF DENTON CITY COUNCIL December 13, 1988 Work Session of the City of Denton City Council on Tuesday, December 13, 1988, at 5:30 p.m. in the Civil Defense Room of City Ball, 215 E. McKinney, Denton, Texas 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. Hold a discussion regarding legislation to create a Regional Water and Wastewater System for Denton County. 2. Receive a report regarding Neighborhood Improvemenc/Planning Programs and a proposed plan for Community Oriented Policing, 3. Hold a discussion on a resolution by the City of Denton, Texas, authorizing the City Manager to sign and submit to the Texas Historical Commission a request for Certified Local Government Status, in accordance with the National Historic Preservation Act of 19669 and the amendments to the act approved in 1980, as well as rules and procedures for certified local governments published by the Texas Historical Commission. 4. Executive Session: A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S. 1. Tax suit against Maverick Aircraft, et. al. B. Real Estate Under Sec. 2(f)9 Art. 6252-17 I V.A.T.S. t y 1. Consider acquisition of land for fire station sites. 2. Consider acquisition of right-of-way for bridge on Masch Branch Road. C. Personnel/Board Appointments Under Sec. 2(g), Art 6252-17 V.A.T.S. I 1. Hold a discussion regarding vacancies on the Airport Board, Community Development Block Grant Committee, the Low Income Housing Task Force, and the Appendix A Committee. i 1 City of Denton City Council Agenda December 13, 1988 Page 2 2. Hold a discussion on applicants for a second alternate municipal judge. Regular Meeting of the City of Denton City Council on Tuesday, December 13, 1988, at 7:00 p.m, in the Council Chambers of City Hall, 21S L. McKinney, Denton, Texas at which the following items will be considered: 7:00 p.m, 1. Consider approval 3f the minutes of the Regular b,eetings of November 1 and 1S, 1988, the Joint meeting of November 140 1988, and the Work Session of November 22, 1988. 2. Public Hearings A. Hold a public hearing on a detailed plan in an existing Planned Development District (PD-6). Petitioner is Pep Boys of California, Inc, The property is located on I-35E in San Jacinto Plaza Shopping Center adjacent to holfe's Nursery. If approved, the property may be utilized for an automobile service center and automobile parts store. Z-88-016. (Planning and Zoning Commission recommends denial). B, Hold a public hearing and consider adoption of an ordinance amending Planned Development-6 and approving a detailed plan on 5.7 acres. Petitioner is Sieptela Interests, Inc. The property is located along the north side of k Wilderness Street, the east side of Timberidge Street, and the west side of Kenwood Street. The property is part of the Mary Austin Survey, Abstract No. 4, and the R. H. Hopkins Survey, Abstract No. 1694, and is included in The Woodlands of Township 11 Addition. If the detailed plan is approved, the property may be developed into single family lots with 60806 j square feet. Z-88-021. (Planning and Zoning Commission recommends approval), r f ,City of Denton City Council Agenda December 13, 1988 Page 3 C. Hold a public hearing and consider petition of the City of Denton requesting a variance of Article 4.09 of the City of Denton Subdivision and Land Development regulations on Woodrow Lane. This property is further described as a portion of Lot 2 of the Adkisson Addition at Woodrow Lane south of E. McKinney. Article 4.09 requires the extension of a sewer line across the full width of the development lot in accordance with the Master Sewer Plan for the City of Denton. The Petitioner is requesting a variance from this extension requirement. V-47. (Planning and Zoning Commission recommends approval). 3. Receive a report from Gene Douglas and Mr. and Mrs. Tillman Uland regarding the City of Denton operating defensive driving classes in free competition with their programs. 4. Consent Agenda Each of these items is recommended by the Staff and i~provaI thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or hid 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 item S.A). This listing is provided on the Consent Agenda to allow Council Members to discuss any item prior to approval of the ordinance. i A. Bids and Purchase Orders: 1. Bid 19911 - Carpet-Service Center Utilities s 2. Bid 19914 - 30 gal, plastic refuse bags B. Tax Refunds 1. Consider approval of a tax refund for Charles Yilson/Michael Wilson (Account 18904-00621) 2. Consider approval of a tax refund for Charles Wilson/Michael Wilson. (Account 18904.00621) 1 City of Denton City Council Agenda December 13, 1988 Page 4 C. Plats and Replats 1. Consider approval of preliminary replat of Lots 1-23 to Lots 1R-16R and Lots 42-43 to Lots 42R-51R, Block A, The Woodlands of Township II. (Planning and Zoning Commission recommends approval) 2. Consider making a recommendation on preliminary replat of Lot 2A of the Adkisson Addition. (Planning and Zoning Commission recommends approval) 5. Ordinances A. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of materials, equipment, supplies or services. B. Consider adoption of an ordinance authorizing the expenditure of funds by the City of Denton for the annual service fee for membership in the American Public Power Association and approving the expenditure of funds therefore. (The Public Utilities Board recommends approval). C. Consider adoption of an ordinance establishing classified positions in the Fire Department of the City of Denton, Texas; providing for the number of persons authorized for each classified position; and repealing all ordinances and resolutions in conflict herewith. D. Consider adoption of an ordinance authorizing and allowing under the act governing the Texas Municipal Retirement System, "Updated Credits" in said system for service performed by qualifying members of such system' who presently are in the employment of the City of Denton; providing for increased prior and current service annuities for retirees and beneficiaries of deceased retirees of the City. E. Consider adoption of an ordinance approving a contract for Flexible Benefits/Section 125 administration to Employee Resource Administration Corporation. City of Denton City Council Agenda December 13, 1988 Page 5 F. Consider adoption of an ordinance approving a funding agreement between the City of Denton and Services Program for Aging Needs (SPAN) relating to Handihop service; authorizing the Mayor to execute the agreement; and approving the expenditure of funds therefor. G. Consider adoption of an ordinance approving a funding agreement between the City of Denton and Fred Moore Child Care Center; authorizing the Mayor to execute the agreement; and approving the expenditure of funds therefor. N. Consider adoption of an ordinance approving a funding agreement between the City of Denton and Denton County Friends of the Family; authorizing the Mayor to execute the agreement; and approving the expenditure of funds therefor, 1. Consider adoption of an ordinance approving a funding agreement between the City of Denton and Denton City-County Day Nursery; authorizing the Mayor to execute the agreement; and approving the expenditure of funds therefor. J. Consider adoption of an ordinance approving an agreement between the City of Denton and the Denton County League of United Latin American Citizens Council No. 04366; authorizing the Mayor to execute an agreement entitled "English As A Second Language"; and approving the expenditure of funds therefor. K. Consider adoption of an ordinance approving an agreement between the City of Denton and the Denton County Lcague of United Latin American Citizens Council No, 04366; authorizing the Mayor to execute an agreement entitled "Educational Assistance Program"; and approving the expenditure of funds therefor, L. Consider adoption of an ordinance approving a funding agreement between the City of Denton and Services Program for Aging Needs; authorizing the Mayor to execute the agreement; and approving the expenditure of funds therefor. i City of Denton City Council Agenda December 13, 1988 Am I Page 6 M. Consider adoption of an ordinance directing the issuance of notice of sale of General Obligation Bonds, N, Consider adoption of an ordinance of the City of Denton, Texas, providing for the correction of the erroneous designation of 9.2 acres of land as a Single-family (SF-10) zoning district as contained in Ordinance No. 73-25 and No. 73-27, by amending those ordinances to provide the correct designation of the 9.i acre tract as a Planned Development (PD) zoning district for General Retail use and providing for an effective date. 0. Consider adoption of an ordinance of the City of Denton, Texas abandoning and vacating a portion f` of the public street right-of-way located at the intersection of Peach Street and North Locust Street, more particularly described herein; and declaring an effective date. (Planning and Zoning Commission recommends approval). P. Consider adoption of an ordinance approving Supplemental Agreement No. 1 between the Cities of Dallas and Denton; authorizing the Mayor to execute the agreement; and approving the h expenditure of funds therefor. 6. Resolutions A. Consider approval of an resolution adopting the boundaries of the special purpose activity center as part of Appendix A of the Denton Development Plan; and providing for an effective date. (the Planning and Zoning Commission recommends { approval). ! i B. Consider approval of a resolution amending paragraph A.3.bs of Chapter V of the Denton Development Plan (1988); and providing for an effective date. C. Consider approval of a resolution adopting the technical analysis and intensity calculation for Area No. 41 as part of Appendix A of the Denton Development Plan; and providing for an effective date. ~l f I I 1 ~l r City of Denton city council Agenda Decembet 13, 1988 Page 7 D. Consider approval of a resolution by the City of sign Denton, Texas, e%asubmit authorizing thetheTexCity as MHianager to Commission a request for Certified Local Government Status, in accordance with the National Historic Preservation Act of 1966, and the amendments to the act approved in 1980, as well as rules and procedures theforTexascertified istorical governments published Commission. E. Consider approval of a resolution leasing parking spaces located t effective Williams Trade Square and date. declaring an 7, Miscellaneous matters from the City Manager. A. Discussion regarding the proposed 911 Emergency Telephone System. 8, Official Action on Executive Session Items: A. Legal Matters B. Real Estate C. Personnel D. Board Appointments 91 New business: This em provides a section or Council Members to it agendas. Items for future 10. Executive Sessions s 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. { C. Personnel/Board Appointments Under Sec. 2(g), I Art 6252.17 V.A.T.S. C E R T I F I C A T E I certify that the above notice of meeting was D steed on the i _ o'clock 1 bulletin bo r at ye ofi H 11 of the 1988 City on the i ` 3015C i I i 1 AGENDA CITY OF DENTON CITY COUNCIL December 13, 1988 Work Session of the City of Denton City Council on Tuesday, December 13, 1988, at 5:30 p.m. in the Civil Defense Room of City Hall, 215 E. McKinney, Denton, Texas 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. Hold a discussion regarding legislation to create a Regional Water and Wastewater System for Denton County. 2. Receive a report regarding Neighborhood Improvement/Planning Programs and a proposed plan for Community Oriented Policing. 3. Hold a discussion on a resolution by the City of Denton, Texas, authorizing the City Manager to sign and submit to the Texas Historical Commission a request for Certified Local Government Status, in accordance with the National Historic Preservation Act of 1966, and the amendments to the act approved in 1980, as well as rules and procedures for certified local governments published by the Texas Historical Commission. E 4. Executive Session: A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S. 1. Tax suit against Maverick Aircraft, et. al. l B. Real Estate Under Sec. 2(f), Art. 6252-17 V.A.T.S. 1. Consider acquisition of land for fire station sites. 2. Consider acquisition of right-of-way for bridge on Masch Branch Road. C. Personnel/Board Appointments Under Sec. 2(g), Art 6252-17 V.A.T.S. 1. Hold a discussion regarding vacancies on the Airport Board, Community Development Block Grant Committee, the Low Income Havsing Tauk Force, and the Appendix A Committee. I T N City of Denton City Council Agenda December 13, 1988 Page 2 2. Hold a discussion on applicants for a second alternate municipal judge. Regular Meeting of the City of Denton City Council on Tuesday, _ December 130 19880 at 7:00 p.m. in the Council Chambers of City Hall, 215 E. McKinney, Denton, Texas at which the following items will be considered: 7:00 p.m. 1. Consider approval of the minutes of the Regular Meetings of November 1 and 15, 1988, the Joint reetirg of November 14, 1988, and the Work Session of November 21, 1988. 2. Public Hearings i f A. Hold a public hearing on a detailed plan in an existing Planned Development District (PD-6). Petitioner Is Pep Boys of California, Inc. The property is located on 1-35E in San Jacinto Plaza Shopping Center adjacent to Wolfe's Nursery. If approved, the property may be utilized for an automobile service center and automobile parts store. Z-88.016. (Planning and Zoning Commission recommends denial). B. Hold a public hearing and consider adoption of an ordinance amending Planned Development-6 and approving a detailed plan on 5.7 acres. Petitioner is Siepiela Interests, Inc. The f property is located along the north side of Wilderness Street, the east side of Timberidge Street, and the west side of Kenwood Street. The property is part of the Mary Austin Survey, Abstract No. 4, and the R H. Hopkins Survey, Abstract No. 1694, and is included in The Woodlands of Township II Addition. If the detailed plan is approved, the property may be developed into single family lots with 6,800 i square feet. Z-88-021. (planning and Zoning 1 Commission recommends approval). I i I ~ City of Denton City Council Agenda December 13, 1988 Page 3 C. Hold a public hearing and consider petition of the City of Denton requesting a variance of Article 4.09 of the City of Denton Subdivision _ and Land Development regulations on Woodrow Lane. This property is further described as a portion of Lot 2 of the Adkisson Addition at Woodrow Lane south of E. McKinney. Article 4.09 requires the extension of a sewer line across the full width of the development lot in accordance with the Master Sewer Plan for the City of Denton. The Petitioner is requesting a variance from this extension requirement. V-47. (Planning and Zoning Commission recom`men3s approval). 3. Receive a report from Gene Douglas and Mr. and Mrs. Tillman Uland regarding the City of Denton operating defensive driving classes in free competition with their programs. E 4. 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 tits 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 i ordinances (Agenda item S.A). This listing is provided on the Consent Agenda to allow Council Members to discuss any item prior to approval of the ordinance. i A. Bids and Purchase Orders; t 1. Bid 09911 - Carpet-Service Center Utilities i 2. Bid 19914 - 30 gal, plastic refuse bags i B. Tax Refunds 11 Consider approval of a tax refund for Charles Wilson/Michael Wilson (Account 08904.00621) 2. Consider approval of a tax refund for Charles Wilson/Michael Wilson. (Account 08904-00622) P f i City of Denton City Council Agenda December 13, 1988 Page 4 C. Plats and Replats 1. Consider approval of preliminary replat of Lots 1-23 to Lots 1R-16R and Lots 42-43 to Lots 42R-SIR, Block A, The Woodlands of Township H. (Planning and Zoning Commission recommends approval) 2. Consider making a recommendation on preliminary replat of Lot 2A of the Adkisson Addition. (Planning and Zoning Commission recommends approval) S. Ordinances A. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of materials, equipment, supplies or services. B. Consider adoption of an ordinance authorizing the expenditure of funds by the City of Denton for the annual service fee for membership In the American Puolic Power Association and approving the expenditure of funds therefore. (The Public Utilities Board recommends approval). I C. Consider adoption of an ordinance establishing y classified positions in the Fire Department of the City of Denton, Texas; providing for the number of persons authcrized for each classified position; and repealing all ordinances and resolutions in conflict herewith. i D. Consider adoption of an ordinance authorizing an: allowing under the act governing the Texas Municipal Retirement System, "Updated Credits" in said system for service performed by qualifying members of such system who presently are in the employment of the City of Denton; providing for tncreajed prior and current service annuities for retirees and beneficiaries of deceased retirees of the City. E. Consider adoption of an ordinance approving a contract for Flexible Benefits/Section 12S administration to Employee Resource Administration Corporation. I f i City of Denton City Council Agenda December 139 1988 Page S F. Consider edoption of an ordinance approving a funding agreement between the dsty(SPAN)e ton and Services Program for Aging to Handihop service; authorizing the Mayor the execute the agreement; and approving expenditure of funds therefor. G. funding Consider between the adoption of an ordinance approving a Fred Moore Child Care Center; authorizing the Mayor to execute the agreement; and approving the expenditure of funds therefor. N H. Consider adoption of an ordinance approving a funding agreement between the City of Denton and Denton County Friends of the Family; authorizing the Mayor to execute the agreement; and approving the expenditure of funds therefor, 1. Consider adoption of an ordinance approving a funding agreement between thteu of Dizing the Denton City-County Day Nursery-, Mayor ►o execute the agreement; and approving the expenditure of funds therefor. J. Consider adoption of an ordinance approving an agreement between the City of Dent,)n and the Denton County League of United Latin American Citizens Council No. 04366; authorizing the Mayor to execute an agreement entitled he "English As A Second Langtiage"; and approving t expenditure of funds therefor. K. Consider adoption of an iLydlofnllentonroandg the agreement between the Denton itizens County League United the American I C to execute an agreement entitled "Educational Assistance Program"; a expenditure of funds therefor. ` L. Consiaer adoption of an ordinance approving a funding vices a Prograc i for between Aging t Needs; City of Denton and Ser authorizing the 1 Mayor to execute the agreement; and approving the expenditure of funds therefor. r 1 r old City of Denton City Council Agenda December 13, 1988 Page 6 M. Consider adoption of an ordinance directing the issuance of notice of sale of General Obligation Bonds. N. Consider adoption of an ordinance of the City of Denton, Texas, providing for the correction of the erroneous designation of 9.2 acres of land as a Single-family (SF-10) zoning district as contained in Ordinance No. 73-25 and No. 73-27, by amending those ordinances to provide the correct designation of the 9.2 acre tract as a Planned DevelopmenSe; (PD) and zoning providing for General Retail for effective date. 0. Consider adoption of an ordinance of the City of Denton, Texas abandoning and vacating a portion of the public street right-of-way located at the intersection of Peach Street and North Locust Street, more particularly described herein; and declaring an effective date. (Planning and Zoning Commission recommends approval). P. Consider adoption of an ordinance approving Supplemental Agreement No. 1 between the Cities of Dallas and Denton; authorizing the Mayor to execute the agreement; and approving the expenditure of funds therefor. i 6. Resolutions A. Consider approval of an resolution adopting the boundaries of the special purpose activity center as part of Appendix A of the Denton Development Plan; and providing for an effective date. (The Planning and Zoning Commission recommends approval). B. Consider approval of a resolution amending paragraph A.3.b. of Chapter V of the Denton Development Plan (1988); and providing for an effective date. C. Consider approval of a resolution adopting the technical analysis and intensity calculation for j Area No. 41 as part of Appendix A of the Denton Development Plan; and providing for an effective date. I i City of Denton City Council Agenda December 13, 1988 Page 7 D. Consider approval of a resolution by the City of Denton, Texas, authorizing the City Manager to sign and submit to the Texas Historical Commission a request for Certified Local Government Status, in accordance with the National Historic Preservation Act of 19660 and the amendments to the act approved in 1980, as well as rules and procedures for certified local governments published by the Texas Historical Commission. I E. Consider approval of a resolution leasing parking I spaces located on the Williams Trade Square and l declaring an effective date. 7. Miscellaneous matters from the City Manager. A. Discussion regarding the proposed 911 Emergency Telephone System. 8. Official Action on Executive Session Items: A. Legal Matters B. Real Estate f C. Personnel D. Board Appointments 9. New Business: 1 This item provides a section for Council Members to suggest items for future agendas. 10. Executive Session: f A. Legal Matters Under Sec. 2(e), Art. 6252-17 I V.A.T.S. B. Real Estate Under Sec. 2(f), Art. 6252-17 V.A.T.S. C. Personnel/Board Appointments Under Sec. 2(g)l Art 62S1-17 V.A.T.S. C E R T I F I C A T E I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the Caty of Denton, Texas, on the day of 1988 (a.m.) P•m• i 3015C i ~r i EFH t- L.L.Lu i i f i 1 i E 11 -r-T- December 13, 1988 CITY COUNCIL WORK SESSION TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Lloyd V. Harrell, City Manager RE: Upper Trinity Regional Water District RECOMMENDATION: No action is requested at this time. Exhibit iI is a Resolution that has been circulated to all of the Denton County Water Committee member cities for support of the proposed legislation. This Item will be submitted to the City Council at their December 20th meeting for action. SUMMARY/BACKGROUND: For the pest two and one-half years, the City of Denton has been working with the Denton County Water Steering Committee In an effort to address the present and long term water and wastewater needs cf the various cities and water systems In the Denton County Area. This effort resulted In a comprehensive water study and a recommendation that a regional water agency is needed to provide raw water, treated water and j wastewater treatment services for many of the cities in the area. The City of Denton and Lewisville subsequenl.= created the non-profit Upper Trinity Municipal Water Authority, and the Denton County Water Steering Committee charged It with beginning to Implement some of the study's recommendations Including development of legislation that would create a regional water district. The draft legislation has been developed (see Exhibit 1) and the 31 member Denton County Steering Committee has approved the draft legislation and authorized it to be submitted to the Texas legislature. The Steering Committee also recommended that the name of the entity be changed to the "Upper Trinity Regional Water District". This name helps emphasize the "regional" nature of the entity and avoids confusion with other "river euthorlties" in North Texas. - 6225U:l This Act viii create a conservation and reclamation district under the terms of Article XVI, £ection 59 of the Texas Constitution, that will be able to help secure long term rew water supplies, build and operate water plants, water transmission lines, wastewater plants, wastewater tru N lines, lift stations, landfills, solid waste bulk collection systems, non-hazardous wastes (such as grease trap oils, etc.), and storm water control systems. Membership In the entity will be voluntary and established via contract. The entity will have no taxing powers. Everyone who becomes a member has a seat on the Board of Directors. Board members would be appointed by the respective City Councils, but would not be members of the City Council. Board members' terms are four years. In order to maintain a transition continuity, the Board members that the City of Denton and Lewisville appointed to the Board of the existing Upper Trinity Municipal Water Authority, Inc., would continue for two years on the Board of the new entity. Actions of the Board would be by a majority of the members present, except where a weighted vote is required, such as for Initiating a capital project, wherein a majority of the weighted vote Board member will be required. There would be two types of members, a "Participant Member" and a "Contract Member". Contract Members are cities (or other retell utilities, such as water districts), that contract with the entity, within two years of It's formation, that then preserves the right to become a "Participant Member" anytime within the next ten years. A Contract Member would agree to pay prn rata costs associated with the continued regional water/wastewater planning activities. "Participating Mernbers" are cities (or other entitles), that contract for specific wate /wastewater, or other services. The fees for these services would be based on actual debt service and O&M costs and be allocated on a i "poatage stomp basis", Le., everybody pays the same average cost, Page 2 but would be divided according to the region, I.e., North and Northwest Denton County, South and Southwest Denton County, and East Denton County. The entity will have the normal powers of a utility, except it will not serve retail utility service, and will not have powers of eminent domain over fecilitles of retail utilities, or property of the counties or cities. The entity may issue revenue bonds pledged by the revenues of the sale of wholesale water and wastewater services or other authorized services, which are backed by contracts with a participating member. Bond terms are limited to 40 years. Recognizing that the main beneficiary of this entity In the early years may be some of the rural areas and smeller communities In the County, the legislation allows the creation of sub-districts that could be formed in those areas and communities for the purpose of financing, Installing, and operating the water distribution and wastewater collection systems. Such sub-districts would require a confirmation election by the people of the proposed sub-district if an ad valorem, tax Is proposed to help finance the sub-district infrastructure. The sub-district would have a board of supervisors that would manage the affairs of the sub-districts. 1 The roo I envision Denton playing, is one as a "Contract" member j Initially, and perhaps as a "Participant" member later. This entity will i help many of the smaller communities get a wholesale water supply and wastewater service, thereby, relieving Denton of a regional 1 responsibility to provide this service. In the future, Denton may went to become a "Participant", and have the entity assist in securing future raw water supplies. With the assistance of a large number of c.-imunilies in f the region, Denton will be able to share in a greater barysinng power for , water rights, reservoir k 3 i ` Page 3 f It 1 I construction, and other water supply issues. Also, a regional entity will help in developing wastewater collection and treatment systems that will help keep our lakes and streams environmentally safe. Initially, there is a possibility that this entity would participate with Denton on our Ray Roberts Water Treatment Plant, which could substantially reduce our costs because of the economies of scale that could be realized by constructing a 16-20 mgd plant vs the planned 10 mgd plant. The PUB raised several good issues at their 11/16188 meeting and these Issues were addressed at their 11/27/88 meeting. The following Is the response to the PUB's 11/16188 concerns: The Public Utilities Board asked for an analysts of the advantages and disadvantages to the City of Denton of an agency such as the Upper Trinity Regional Water District. In addition, the Board asked that specific concerns with the proposed legislation drafted to implement this authority be provided. Advantages to the City of Denton 1. Would provide a mechanism to more easily acquire future raw water supply for thv City. 2. Would provide a regional entity that would have greater Influence with State and local governments In securing water rights for the region and thus, for Denton, in the future. 1. Would promote the development of wastewater facilities In the County, thus helping to protect our two water supply reservoirs. 4. Would make it possible for smaller communities to "buy Into" our facilities providing an opportunity for economy of scale savings and thus, have a favorable effect on our utility rates. 5. Would provide a vehicle to construct a waste-to-energy plant If such was deemed desirable by the City sometime In the future. 6. Would be another vehicle to promote regional cooperation. 7. Would help to avoid crisis type decision making which might force Denton to provide water/wastewater services to other jurisdictions. Page 4 4 ~It 1 I I I I 8. Would provide a vehicle to make basin-wide drainage improvements should such be desired by the community in the future, and to assist in addressing stormwater quality monitoring and treatment if the Environmental Protection Agency deems necessary in the future. 9. Would minimize the amount of time which the Denton utility staff would have to spend dealing with the many small jurisdictions In the County regarding utility matters. Instead, these discussions could occur with the professional administrative staff of the Agency. Dlsud,oantages to the City of Denton 1. Would make it much easier for small towns, rural water districts, etc., to provide more sophisticated utility service than they could provide on their own. The result of this capacity could be much more rapid development of the smaller towns and rural areas or even a shifting of population growth from the City of Denton to the smeller towns in rural areas. 2. Would create an agency which may riot be politically responsive, I.e., Tax appraisal Districts. 3. If the legislation allows creation of sub-districts within the City without City approval, utility Improvements could be financed with general obligation bonds that may cause Increases In property taxes and/or higher utility rates, resulting In adverse public reaction for the city. 4. Might result In policy making being dominated by smell towns because of the representation procedure. 5. Participant members may become "locked In" to the regional entity for wholesale water and wastewater services. The following represents specific observations, possible questions and responses about items found within the proposed legislation: Page 1-Definitiona 6. Bsuio service area- Includes area within corporate limits of all participating and contract members (County Is a member). I 0. Does that mean that all of the unincorporated area of the County Is part of the District? A. Yea. All of Denton County is within the service area of the District plus any part of a city located In another county which Is also in I Denton ounty. Service can also be provided outside of Denton County, but any city located totally outside of Denton County cannot be a member. D. Contract member- "pay a pro rate share of the cost of operating the Authority". 0. What Is pro- rate? Pow does it relate to "equal votes for all"? A. Pro rate costs have not been defined yet, but are Page 5 I envisioned to be costs associated with the administration and direct costa of regional planning efforts (not costs of administration associated with providing a service such as water treatment). These costs are envisioned to be shared on an "ante-up fee" basis plus perhaps "X0"/customer which is similar to how we have funded the Don County Reglonal VJater Study. Voting: if a city is a "contract" member, they will have a vote on the Board; however, on capital projects, where a "participant" member has signed a contract for services from such capital project, there will be a "weighted" vote. Exact details of this are planned to be worked out in the By-Laws of the District. Page 4-Section 1V: C. Boundaries-county wide "plus" i i U. (l) Why must others have part of their boundaries within the County to become of member of the Authority? (2) Bright not others within j the drainage basin went to join the Authority, and why should they i be prohibited from so doing? A. (1) Cities in the County: See response In v, above. (2) The Steering Committee felt that they needed to place a boundary on the District and a limit on the number of potential members of the Board. If the district boundaries for membership were left open, the size of the Board could become very large. Page 4- Section Vi "No member of the Board shell be an elected official of any governmental entity having the authority to appoint a member of the Board". Comment: This provision helps to insure that the ogency will be even less politically responsive than one would expect from a special district. i A. The Steering Committee specifically wanted to avoid the Board j becoming "politiccl" and possibly making decisions based on factors other than good sound economics and prudent stewardship of the water resources and the environment of the region. { Comments Everyone appoints one member to the Board. A. This allows all members, contract or participant, to have a voice In the decisions of the District, even at the risk of having a very large board. Pogo! 6 1 0. The Board establishes rules for Implementation of a system of weighted votes for specific projects. What would prevent the Board from determining that everyone would have equal votes irrespective of the amount which they put Into a particular project? In other words, the procedure for assigning weighted votes should be spelled out. A. The Steering Committee decided not to tie this down by legislation which would require an act of the legislature to change. Also, the Steering Committee felt it would be best to leave this issue to the parties who will become board members. It was anticipated that no one at the present time knows who will be the larger or omeller participants and those roles may reverse from project to project; therefore, the methodology that is determined in the future would, hopefully, be structured so that It Is as equitable as possible. An example of this concept is perhaps the City of Uenton's Involvement in the Texas Municipal Power Pool. In this pool relationship, no project or major policy is adopted unless it is unanimous. The concept has always been that no one should be injured by their i membership In the Pool and the concept has worked very well. I Page 7 F. Board members may receive up to $50 per meeting plus expenses Is E provided. phis remuneration is more then that received by council members within the County. Commentt This Is similar to other districts and authorities in the State of Texas. This Is a permissive provision and It may or may not be implemented. Page 12 + E. Authority could provide service outside the service area (no votes EI for these entities.) Comments See paragraph "I3" above. Page 18- Section Xi , Any municlpality...etc., doing business wholly or partially within the E Authority could enter Into contracts for services. 0. Whet about customers outside of the bour,9arles of the Authority and County? Could there not be such entitles? A. See Paragraph "b" above. Paqu 7 Page 20- Part 11, Section Xlll, Subdistrlcts, Authority can create subdistricts; notice must be given to each municipality in the subdistrict. Comments This section has been changed to require cities' approval. It appears that areas within the subdistricts do not have to be geograp`i:ally connected. Subdistrict; can be authorized taxing power after a vote of the people within such A-strict. Comments MUD's not favored by the City Council, and everyone connected did not went Lakeview to be able to provide utility services with taxes because that would be contrary to the way that utility services are provided to all of the remaining taxpayers within the City. Local governments have no approval right in connection with the creation of a subdistrict within their jurisdictions. Commenti This section has been changed to require cities' approval. Page 20- Section XIVr - Existing water supply corporation can convert to a subdistrict. 0, is this good? It might give the corporation taxing powers which they do not have now. A. It la envisioned that they can do this only with approval of the cities. This also allows them to become members. Otherwise, they I cannot be members due to IRS regulation relating to use of tax exempt bonds. i` Page 2a-Section XIXr i - Creation ex ep Haas- authority to pay all the cost Incurred In creation of + J' the Authority, etc. 0. (1) Deco this mean that It will pay entities beck for expenses incurred up to the present In cr=ating the Authority? (2) Since County paid a major portion of the costs, would they expect to be repaid? a i j As Past Expen a Pest expenses that have been funded by the cities are not envisioned to be repaid, but the legislation would allow this. However, some legal expenses have been Incurred, and It Is } anticipated that such expenses will be paid by the District niter its creation. Page 6 f I ~1 ~ Mr. Hugh Ayer, City Councilman and member of the Citizens Task Force addressed the PUB with the following comments at that meeting. "I appreciate the concerns these people have. They are the same concerns that we had when working on these things. One of the things we have to consider Is tnat, In the final analysis, we are all In this together. We have a community responsibility. You pay money now or you pay money later. 1 am positively convinced that this whole system is the way to help resolve the problems all of us have with wastewater treatment, water treatment, etc. This Is the most feasibly appropriate and most economical. There may be some political problems -there always are. But this is the most practical, the i most economical and has the best chance to meet the needs for the future. Somewhere down the line, all of us will be affected by what goes on in Krum and Sanger. Fifty years from now, It will make an even bigger impact. On balance, I think this Is the best solution to these long range water plans. They (Lewisville) have been directly involved from day one and are very much In favor of this agency. I am hearing an opinion that Denton doesn't have any responsibility for our neighbors, but i think we do. I think the state is going to see to it. Just as E Dallas has had a responsibility to take care of us and as time goes on, we are going to h~ more and more responsibility for outlying communities around Denton. In any case, we can't just think about ourselves. We are too Interwoven among one another." i At the conclusion of the PUB's I (/23/84 meeting, the PUB recommended the City Council approval of the Upper Trinity Regional Water District and associated legislation but noted certain issues that the Council may want to offer as amendments prior to legislative approval. i Page 9 I I i These items area 1. The recommendation that the cities' voting rights be a direct relationship to the amount of money we are expected to provide. 2. The recommendation that the City of Denton's liability for bonds be clarified. 3. The recommendation that board members may be City Council members, and that each member's council have prior approval in terms of Issuance of bonds and capital expenditures. These Issues and several of the issues raised In the PUB's 11/16/a9 meeting have been reviewed with the members of the Upper Trinity Regional Water Authority and the Citizens Task Force. These groups have acknowledged these concerns and have commented on theca Issues or recommended that the draft legislation be amended as follows= I. Voting rights and limits to financial contribution by "contract" members. The groups, I.e., UTMWA Board and Citizens' Task Force, expressed e very strong position that for "contract" members wherein their main participation on the Board will relate to regional water/wastewater planning Issues, that a "one-member"- "one vote" is the desired manner of voting rights In order to maintain harmony with all members of the region. This philosophy has served the 31 member steering committee well and has proven that If a "plan" is submitted that does not generally have i. full support of the group, that the "plan" needs to be altered. Therefore, they continue to support the "one-member' -"one vote" voting rights. The groups have recommended that a limit be placed on the contribution that a contract member must pay. A figure of $1 per capita was suggested. 2. Clarification of the Cities' llebiiity for bonds be clarified. The City of Denton would have no obligation for any revenue bonds Issued unless the City became o "participant member. Upon becoming e "participant" member, the cities' financial obligation will be spelled out In the contract between the City and the District. 3. A concern that a participant member becomes "locked Into" the District forever. i There was a general consensus that this Issue be clarified so that if a member signs up for a service from the Dlstrict, such as two million gallon per day treated water, that this Is the limit of the member's obligation, 6e., if when the member needs to IncreeFe their treated water supply, they may choose to do so with an amendment to the contract for greeter volumes, or they can put in their own water plant. Page I U f N I The group expressed concern on changes to the following areasr i I. Bonds requiring member city approval, The concern is that with perhaps I0-15 members, this provision would be extremely cumbersome. The group felt that by having each member amend its contract with the District when they needed additional service, this provides the checks end balances on the issuance of bonds and thus, obligations of the members. 2. Elected officials constituting the board. The group (with the roost vocal parties being council members from some of the communities) expressed that the board should be appointed by the governing bodies of the members, rather than being elected at large, or appointed by the County Commissioners or the Governor and should not be elected officials of the members governing body. The thoughts of the group ere that with this process of board selection, the member cities could best select persons for the board who are vitally i Interested in the environmental and water/wastewater Issuer of the entire' region, who have the time to dedicate to the District and who are not encumbered by a tremendous load of local city Issues that may cloud their l objectivity to regional water Issues. ii Respe fully, C Lloyd Harrell E City Manager PREPARED/APPRf VED 13Yo I R. . Nee son, i' Executive Director of Utilities Exhibit It Proposed Legislation Ili Proposed Resolution i r rc t ales DRAFT t ~T By_ _ /e, A BILL TO BE EHTI'rLED I AN ACT 1 j C r~ 1 relating to the crestion, administration, and powers, including 3 the power of eminent domain subject to limitations, and to the 4 duties, operations, and financing of the Upper Trinity Regional S water District, and to the creation :herein of subdistrict& 6 with the power to levy and collect ad valorem taxes within the 7 subdistrietsl and containing other matters related thereto. a All IT ENACTED BY THE LEGISLATURE OT THE STATE OF TP.XAS; 9 SECTION 1. purpose. It is the purpose and intent of I to this act to establish a mechanism that can provide on in ' 11 orderly basis for the water, wastewater, solid waste, and ij liquid waste needs of Denton County and the entities that may i 13 be served by the authority herein created. To accomplish this 14 purpose, a conservation district, without taxing power, is 15 crested, with the power included to create subdietrlete having 36 the power of taxation, subject to limitations, all tot the f! 17 purpose of providing for such services an a coordinated basis 4 is that is Consistent with the regionalization objectives to be 19 satisfied by the creation of the authority, i f 10 SECTION Definition, In this act: 11 (a) 'district' means upper Trinity Regional Mater 11 District Crested in section a of this act and any other public 13 body it any time succeeding to the property, principal rights, 34 powers, sad obligations of Sold Upper Trinity 109101'61 Mater 15 District. 1S (b) 'basic Service atea' means the geographic area 17 Contained within the corporate ltmits of all participating f 11 toembere, III Contract 4e0e18, And ell customsn and Such 49011 f9 as are served by said members and customers, i 10 (O) 'board' means the governing board of directors of 31 the district, 11 (d) 'contract mamba P or 'contracting member' means one 33 or more, as the case may be, of the governmental entitles which i I prtvtdes retail utility service within its boundaries, that 2 contract with the district within two (2) years from the 3 effective date of this act to preserve the option to become a 4 participant within 10 years from the effective date of this act S and agree to pay a pro calm shale Of the cost of administering 6 the district. 7 (e) 'county" means Denton County, texas. a (f) 'customer' means Any wholesale user of the water or 9 wastewater services provided by the district ',htch user 10 provides retail utility service within its boundaries. ` 11 (g) 'participant' or -participating mWd r• means one or f , 12 more, as the case may be, of the governwontol entities which 13 provides retail utility service within its boundaries that it contract with the district for the construction of and payment 3S for the water and/ot wastewater projects to be financed from if time to time by the district, 17 (h) -xervice area' means that geographic area contained if within the boundaries of the district, It (I) 'stets' means the state of Texas. E 20 (j) -subdistrict' means one or more of the subdistrict$ f 21 authorised to be created under part 11 of this Act. f!f 22 92C'1'fOM 3, Laoialstive rindinos, (a) it is hereby 1 23 found by the legislature that the creation and satabliIhmstit Of 24 the district and the creation and establishment of subdistrict, as within tna district its essential to the accomplishment of the 26 purposes of Article XV1, Section Sa, of the Taxes Constitution. t 27 (b) it is hereby found by the legislature that all of (1 24 the land and other property included in the boundaries of the 'I It district and in the boundaries of a subdistrict will be ` f 30 benefitted by the tmprovemants, works, and projects that its to 21 be provided by the district and by subdistriets pursuant to the 22 pow4re'conferred an the district and subdistriete by this Act, 33 and that the district is created to serve a public use and i h ~ f r I 1 berwtit and any subdistrict created will serve a public use and will be for a publ.0 purpose, (c) The legislature specifically finds and declares that < the reguirements of Article XV1, Section 59(d) and Section S 59(s), of the Texts Constitution, to the extent applicable, 1 r have been met and accomplished in due course, time, and order r1 ? and that all notices requirel to be given relitin4 to this +ct S have been given, that ell approvals required to be obtained 9 pursuant thereto have been obtained, and that the legislature 10 hag the authority and power to enact this act. I 11 PART I 12 TNT DISTRICT ~ 13 SSCTION 4, Creation (a) A conservation and 14 reclamation district having the boundaries prescribed herein is is hereby treated and shall be known as the Upper Trinity Regional if water District, 17 (b) The district is a conservation and reclamation IS district under Article XVI, Section St of the Texas it Constitution, and to a governmental agency, body corporate and f 20 politic, and a political subdivision of the State, at (c) The boundaries of the district are coterminous with 22 the duly established and existing boundaries of the county plus 23 the entire incorporated limits of any contract member of I 34 patticlpMrig member, a portion of whose incorporated limits la 35 partially within the corporate limits of the county, 24 (d) An election confirming the creation of the district 27 is not required, 21 SSCTION S, Manaeement of District. The district shall so be governed by A board of directors consisting of persons who 30 are residents of the district) provided, however, that no 21 member of the board of directora shall be an slfccad official 32 of any governmental entity that his the Authority to appoint I 33 member of the board. The terms of office shall be four (4) 1 .3. I s, 46 E-PE, I years. Members of the board shall be appointed by the 1 governing bodies of the participants and the contract members 3 in the manner set forth herein. The members of the board are g subject to removal with or without cause by duly adopted action 5 of the governing body of the entity that originally appointed 6 such member. The board shall have complete authority over the I management and affairs of the district under this act. 6 (b) The initial board shall consist of the persons who 9 served in the initial board of directors of the 9pper Trinity 10 Regional Mater District, Tnc., a nonprofit corporation 11 organised under the laws of the State of Tea and those 12 persons who are appointed by those entities that become 13 participating aembere or contract members within two years of 16 the effective data of this act. tech such participating member is or contract member shall appoint one member to the board and 16 the county shell appoint one member to the initial board) 17 provided, however, that the county may appoint one additional is member to the board if the board determines that much it appointment is in the beat interests of the district. Those 70 entities that contract with the district after two years from 21 the effective date of this get shall be entitled to it representation on the booed only pursuant to the rules and as procedures established by the board for the edmimSicn 09 board at members as such rules and procedures may from time to time be as amended. 26 (e) Members of the booed who its appointed by the t 27 participating ~:hbote shall be entitled to vote on all matters 21 before the board. Members of the board who age appointed by 36 contract members which age not participating members shall be 30 entitled to vote on Ill Tatters before the board except those sl matters that require a weighted vote, The board shall T3 establish rules for the implementation of a system of weighted 3) votes concerning authoclsstion of and financial commitments for i 'a' i i 1 r I capital projects. 2 (d) Except as provided herein, the initial board shall 3 serve staggered terms in accordance with the procedures to be 4 adopted by the initial board, provided that no initial board s member shall be appointed for a term in aceSa of four Yale" 4 Thereafter each board member shall to appointed to a four year 7 term. Members of the board nay serve consecutive terms. The f members of the board that served on the board of directors of 9 the Upper Trinity Regional water District, Inc, Shall have the to rights and privileges as members of the boa:! appointed by 11 participating memberej however, the boardmambers that Served on 13 the board of directors of the Upper Trinity Regional Water 13 District, Inc. shell serve an Initial term of two years from 14 the effective date of this act. Thereafter, such potions are is eligible to be appointed to the board by a contract member or a 14 participating member. 17 (e) Members of the board shall qualify to serve by 11 taking the oath of office and furnishing evidence Of their J 11 qualifications to serve on the board consistent with the 20 requirements of this act prior to assuming the duties of a 21 hoard member. 23 (f) Upon approval of the board, each director shall be k 23 entitled to receive a fee of not more than ISO for attending 24 each meeting of the board, provided that no director shall 2s receive such fses in escees of 1200. per month for meetings hold r to in any one calendar month and provided fusthor that no director 37 shall be entitled to receive a fee specified in this subsection 1 71 (f) prior to the expiration of the two-rear period following i if the offeetive date gt this wt. Upon approval of the board, e 30 direcwe may be reimbursed tot actual espesses incurred in 31 attending to the business of the district, It (g) The booed may establish s category of ea-officio 33 membership to the board and may provide tot the duties and m .s. I I responsibilities of the er-of flcto members in bylaws, rules, or 2 regulations to be adopted by the board. 1 SICTION 6. Board Procedures. (a) The board shall t prepare and adopt the bylaws of the district, and shall hold S such regular, special, or emergency maetings at such times and 6 on such days or dates as are specified therein, 7 (b) A majority of the members of the board constitutes a a quorum for the transaction of business of the district, and 9 approval of at least a majority of the members of the board 10 present at a meeting is necessary for approval of any matter 11 coming before the board, except where a weighted vote is 12 required in accordance with the rules of the board in which is case a majority of the weighted vote of all board members 16 eligible to vote is nscesssay tot approval of any such matter is coming before the board. I li (C) The board shall provide in its bylaws for the method 17 of execution far all contracts, the signing of cheeks and the 11 handling of any other matters approved by the board, The based to shall annually recognise and elect new officers. 20 (0) The office a of the booed shall consist of the 21 president, one or more vice presidents, a secretary, and a 27 treasurer, The board shell elect a president and any vice I 23 president tram its members. The board may appoint a secretary, 24 one or more mosistont secretaries, a ttesoutero an assistant ~ I 25 treuarst, and such other officers as in tha judgment of the 21 board I[e necessary, provided that such officers ago dot 27 required to be members of the board. The president shall be ! 24 the chief executive officer of the district and shell pteside f a$ ever the meetings of the board.' AnY vice president shall f 10 perform all duties and exercise all powers conferred on the 21 president when the president is absent Or !ails, refuses, or is 22 unable to act. The secretary of the based or one of the s 72 assistant oeeratoriso shall be responsible for keeping, the .R. i I I J i W- -mop" 33 .:53 EE . iE AIM i +,4nutes of the meetings of the boat,' and all official records 7 of the board and may certify as to the accuracy or authenticity 1 of any actions, proceedings, minutes, of records of the board l or c' the district. The duties of the other officers may be $ provided in the bylaws of the district, E (e) 'rho regular meeting place of the board shall be at 7 such place as may be designated in the bylaws• a (f) The boar may appoint and enploy all persons, ftrm.s. 9 corporations, partnerships, and other entities deemed necessary to by the board to conduct the affairs of the district, including 11 but not limited to, engineers, attorneys, financial advisors, 12 accountants, general manager, and other employees or 11 consultants. 11 (g) The board shall establish a customer advisory is council composed of one representative from each customer 10 receiving service from the district, Th-s members of the 17 customer advisory council shall be empowered to act is provided 11 in the bylaws or other rules and regulations of the district, J 11 but such customer advisory council shall have no voting power 20 on matters coming before the board. 71 (h) The board shall adopt a seal of the district and may 72 adopt bylaws to govern the matters deemed appropriate by the 21 board provided such bylaws are consistent with this act and the 24 laws of the State of Texas, 23 StCT10M 7, General _Zgwgrm and Duties. (a) Subject to 24 the specific provisions of this set, the district has the 21 rights, powers, privileges, authority and functions granted, z as conferred, contemplated, and described in Article 1fVr, Section If $0, of the Texas Constitutions, including the tights, powers, 30 privileges, authority and functions conferred by the general i 11 laws of the state applicable to municipal utility districts i 1s operating under the applicable provisions Of the Texas Water 21 Code, together with the additional tights, powers, privileges, .1. ~I i 1 authority Ind functions enumerated, described, expressed or 2 implied by this act. 1 (b) The district shall not have the power to levy or 4 collect ad valorem taxes. S (c) if any genecal law is in conflict or inconsistent 4 with this act, this act shall prevail. 1 SECTION 1. Specific Powara and Duties o[ lluthortts. I (a) The district has the additional rights, powers, s privileges, authorities Ind functions provided by this Section. 10 (b) The district may plan, lay out, putchasa, construct, 11 acquire, own, operate, maintain, repair and improve, inside or 12 outside its boundaries, any works, improvements, facilities, , 11 plants, equipment and appliances, including any administrative I la properties and facilities, any permits, franchise, licenses or I 13 contract or property rights, and any levees, drains, waterways, I 11 lakes, reservoirs, channels, conduits, sewers, dams, stornnlltsr 11 detention facilities or other similes facilities and } f is improvements, whether for municipal, induatri+l, agrlcultarst, J if flood control, or retsted purposes, that are necessary, helpful 20 or incidental to the eseteise of any right, power, privilege, 21 authority or functien provided by this act, Including the 22 supplying of water for municipal, domestic, and industrial 22 uses, and All other beneficial uses or controlsl the j 24 collection, treatment, processing, disposal of, and controlling as of all domestic or Industrial wastes whether in fluid, solid, 24 Or composite atatef the gathering, conducting, diverting, and 21 controlling of local storm water or local harmful excesses as within the boundaries of the dietrlet, Irriestion, and the 21 altering of land elevations within the boundaries of the ` 10 district where It is needed, 11 (o) The district may acquits, by purchase or by exercise 12 of t)ie power of eminent domain, which power is hereby granted 17 subject to the limitations imposed thereon by this subsection, i .e. 1 i , 1 any land, easements, rights-of-wry or other propert; 0r t improvements within or without the boundaries of the district 1 (including land above the probable Ugh water line around any a reservoirs in which the district has in ownership or S operational interest) which are needed or are appropriate to 6 carry out the powers and functions Of the district, as herein 7 described and contemplated; provided, however, that the power 6 of eminent domain shall be exercised in the mannet and with the s privileges, rights and immunities available under the laws of 10 the state, including specifically the Texas Property Code, 1t 11 is provided further that the district shall not exercise the 11 power of eminent domain (i) agsinec any property owned by the 11 county, by any municipality of Any agency or instrumentality 11 thereof, or (it) to acquire 1 waterworks system or a wastewater is system that to owned by any municipality, or by private 16 parties, or by Any non-profit corporation. 17 (d) The district is hereby vested with and shall have is Ind may exetolse the following additional rights, powers, It privileges, authorities and functiond$ to provide for the 70 acquisition, construction, Lmprovement, maintenance and 71 operation of wholesale water And wastewater systems And 77 treatment works necessary to provide service to its customers, I ty And the acquisition, construction, improvement, and maintenance 21 of any water supply, reservoir or interest therein necessary to 1s fully implement the powers and duties of the district 61 16 provided in this act, 27 (e) The district may elect to provide water, wastewater, 76 solid waste, Or non-haslydous liquid waste services outside its 29 service area, but the district may not be compelled to supply 70 such services for use outside its service area except by otdar 31 of the applicable state agency having jurisdiction duet such 17 matters applied in accordance with App1icAb11 few, 17 (f) The basic service saes has the primary right to tf 1 za 1 water Or wastewater treatment Capacity and to water supply in 2 oath classification which the district secures under permit 1 From the applicable rtate agency having lrrisdietion over such a matters. 5 (9) This set does not compel any customer or prospective d customer to seure water or wast/wstlr service from the 7 district, except pursuant to contracts voluntarily executed, s (h) This act does not alter any outstanding Permit, 9 contrast, or other obligation. 10 (1) The district is hereby vested with and shall have 11 and xsy exercise all the powers needed to establish, Acquire, 12 operate and maintain a regional solid waste disposal system e,sd 11 a non-hazardous liquid waste disposal system, 14 The district to hereby empowered to establish and 15 enforce rules and regulations for the protection of eater is quality In and flowing to or from the areas in or Burr! ending 17 the likes, reservoirs and other sources of water supply owned, is operated, or controlled by the district for the prove, tion of 15 wait$ or the unauthorized use of water controllef by the 29 district and for the regulation of privileges on any land, 21 reservoir, or any esssment owned or controllej by the ' i 22 district, Such rules and regulations shell be enacted and 27 enforced in accordance with the procedures provided Ia 21 Subchapter D Of Chapter 51 of the Taxss water cod,, is amended, 25 and shall be consistent with the applica'ls rules and 2s regulations of Any agency of the state having 'urisdictlon over 27 such sources of water supply, , 26 (k) The district shall have the power to establish rata i 25 end charges to be esseesed to customers f the district far 20 each service rendered to such customers wt,ch rites and charges 21 may be established by classes of customers, by project, or by 22 area of service, 21 (1) white bonds or other obl gationa of the district I! -1d- 1 ) I 111 I payable wholly from revenues are issued, it shall be the duty I 2 of the board to fix, and from time to time revise, rotes of 1II 3 compensation for water sold and for wastewater or other ` a services rendered by the district which will be sufficient to I pay the expense of operating and maintaining the facilities of I the district and to pay such obligations as they mature and the 7 interest as it accrues and to maintain the reserve and other 6 funds as provided in the resolution or order authorising such 9 obligations. 10 (m) The district may adopt, enforce, and collect all 11 necessary charges, fees, or rentals for providing any district 12 facilities or service and may require a deposit for any service 13 or facilities furnished, and the district may or may not 14 provide that the deposit will bear interest. The district may 15 discontinue a facility or service to prevent an abuse or is enforce payment of an unpaid charge, fee, or rental due to the 17 district. All cities, public agencies, political subdivisions 16 and any other entitles that contract with the district are 19 authorized to fix, charge, Ind collect fees, rates, charges, 20 centele, and other amounts for any service or facilities 21 provided pursuant to or in connection with any contract with 22 the district, and to pledge such amounts sufficient to make all 23 payments required under the contract. 24 SIMON 9. Benda Yates and Contracts gj Authority. 25 (s) The district is authorised to issue, sell and 26 deliver its revenue bonds, notes, revenue anticipation notes, 27 bond anticipation notes, short term obligations, refunding 26 bonds, or other obligations fog any and all of its purpose+, 29 without in ele.tion and upon such terms as the board shall 30 determine appropriate. Such obligations may be made payable 31 from all or any part of the revenues of the district derived 32 from any lawful source, including, but not limited to, any 33 contract with any customer or user of the facilities owned or -11- I operated by the district under the provisions of this act of 2 from the ownership and operation of any waterworks system, 3 wastewater system, sewer system, solid waste disposal system, 4 or non-haaardous liquid waste system, or any combination of S such systems. Additionally, such obligations may be payable 6 from and secured by liens on and pledges of all or any part of 7 any of the revenues, income, or receipts derived by the a district from its ownership, operation, lease, or sale of any 9 such property, buildings, structures, or facilities, including 10 the proceeds or revenues from contracts with any person, firm, 11 corporation, city, public sgencY, or other political 12 subdivision or entity. such obligations may be issued to 13 mature serially or otherwise within not to Weed 40 years from 14 their data, and provision may be made for the subsequent is issuance of additional parity obligations, or subordinate lien 16 obligations, under any terms or conditions that may be set 17 forth in the resolution authorising the issuance of the } 16 obligations. Such obligations are and shall constitute 19 negotiable instruments within the meaning and tot all purposes 20 Of the Tessa Uniform Commercial Code, provided that the i 21 obligations shall be asecuted, and may be made redeemable prior j 22 to maturity, and may tot Issued in such form, denominations, and 23 manner, and under such terms, conditions, and details, and may 24 be sold in such mennet, at such price, and under such terms, 25 slid said obligations shall bear interest at much rates, all as is shall be determined and provided In the resolution authotitiny 27 the issuance of the obligations. It mo provided in the 24 suthortainq resolution, the proceeds from the sale of the 29 obligations may be used for paying interut an the obligations 30 during the period of the acquisition or construction of AMY 31 facilities to be provided through the issuance of the 32 obligations, for paying expenses of operation and mmintensnee 33 of facilities, for creating ■ reserve fund for the Payment of -lt- M 22 9 al!-- Spp 1 the principal of and interest on the obligations, snd for 2 cresting Any other funds, and such proceeds rosy be placed on 1 time deposit or invested, until needed, all to the extent and a in the manner provided in the authorising resolution. The S district may pledge all or Any part of its revenues, income, or 6 receipts from foes, rentals, rates, charges. and contract 7 proceeds or payments to the payment of the obligations, a including the p4ymeot of principal, interest, and any other k y amounts requited or permitted in connection with the 10 obligations. The pledged fees, rentals, rates, charges, 11 proceeds or payments shall be filed and collected in amounts 12 that will be at lust sufficient, together with any other 11 pledged resources, to provide for the payment of espanses in 14 connection with tho obligations, end operation, maintenance, is and other expeness in connection with the aforesaid 16 facilities. Said obligations may be additionally secured by 17 mortgages or deeds of trust on any coal property owned or to be ` 10 acquired by the district, and by chattel mortgages or liens on 1 is any personal property appurtenant to such real propertyl and 20 the board may authotiae the execution of trust indentures, 21 mortgages, deeds of trust, or other forms of eneumbranees to 22 evidence seat. Also, the district may pledge to the payment of 21 the obligations all or ■ny part of any grant, donation, 24 revenues, or income received or to be received from the United is states govstnment or any other public or private source, Ir 26 whether pursuant to an agreement or otherwise. All bonds. r 27, within the meaning of Article 717k-S, Vernon's Tesas Civil 26 Statutes, as amended, issued pursuant to this act, and the 29 appropriate proceedings authorising their issuance shall be 90 submitted to the Attorney General of the State of Texas for 31 examination. If said bonds recite that they are secured by a 71 pledge of revenues of any contract, a copy of such Contract and 31 the proceedings tolatang the n to shall be Submitted to the 1 I I I ettolney 4eneeal. tf he finds that such bonds hays been Ifl 2 authorized and any such contract has been mode in accordance I 3 with law, he shall approve the bonds and any such contract, and 4 thereupon the bonds shall be registered by the Comptroller of S Public Accounts Of the State of Texasl and after such approval 6 and registration, such bonds and any such contract shall be 7 incontestable in any Court or other forum for any reason, and a shall be valid and binding obligations in accordance with their 9 terms for all purposes. The issuance of obligations by the 10 district shall be in accordance with the provisions of Article I~ 11 717q and Article 717k-6, Vernon's Annotated Texas Civil 12 Statutes, as amended, so applicable. ' 13 (b) The district to authorised to enter into any 14 contracts with the United States of America, its agencies, any is municipality, or other party, public, private, or non-profit, 16 considered necessary in the exercise of the powers and purposes I 17 Of the district. The district is also authorized to enter into le contracts for the acquisition, purchase, rental or leasing of 19 operation of the water production, water supply, water 20 filtration of purification, water supply facilities, or other 21 water or wastewater facilities which ate owned or operated by 22 such contracting patty. The district is outhoilted to acquire 23 water appropriation permits and other necessary permits 24 directly from the appropriate agency of the state of from 25 owners of permits, Contracts requiting a payment of money by 26 the district may be made payable from any source of funds, 27 general or specific, as may be determined by the board. 20 SI3CTION 10. Contracts by niciDalities. Any and all 29 municipalities, public agencies, political subdivisions, and 30 any non-profit water supply corporation doing business wholly 31 or partially within the district, and all subdisttiets see 32 expressly a thoriaed to enter into any contracts with the 33 district that are deemed appropriate by the raapeetive -11- i ~k 1 governing bodies thereof. Such governing bodies are authorited 2 to pledge to the payment of any such contracts any source of 3 revenues that may be available to the governing body, including a the levy and collection of ad valorem taxes, if such S municipality or subdistrict has the power to levy and collect 6 such taxes, subject only to the elections, if any, that are 7 required by applicable law, to be held prior to the levy of ad a valorem taxes. To the extort I governing body pledges funds to 9 the payment of any such contract that are to be detived from 10 its own water system or its wastewater system or its combined 11 system, much payments shall constitute an operating expense 'of 12 such system, 13 SECTION 11. Depository. The board, by order or 11 resolution, shall designate one or more banks inside or outside 1$ the district to serve as depository for the funds of the If district. Except ss herein provided, all funds of the district 17 shall be deposited in the depository bank or banks. The funds 16 of the district may be invested as provided in the laws of the 19 State of Texas for the investment of county funds Ind may be 20 invested in accordance with the provisions of the Public Funds 21 Investment Act of 19{7, as the same may be amended from time to 22 time. The funds of the district shall be secured in the manner 23 provided by the lows of the State of Texas tot public funds. 21 SECTION 12. Regulatory der of Kunlcipalities. This 25 act does not exempt the district or any subdistrict or any lend ! 26 situated within the district from the terms and provisions of 27 any applicable ordinances, codes, resolutions, platting ono 21 soning requirooonts, rules or teguletionm of any municipality. 29 PART II 36 6URDISTRICTR WITHIN AUTHORITY i 31 SECTION 13. Creation of subdiettiets. 32 (a) To provide for the orderly development of water, 33 wastewater, and other services of the district within its -1l- u i 1 boundaties and to prevent unnecessary duplication of 2 facilities, the district is authorised to create subdistrlcts. 3 A petition requesting the creation of subdistricts within the 9 district may be presented to the board of the district. Any s such petition must be signed by at least twenty-five (25) 6 persons who own property within the boundaries of the proposed 7 subdistrict, or such petition may be submitted by the governing 6 body of a municipality when accompanied by a resolution or 9 ordinance of such governing body authorising the submission of 10 such petition. Any such petition shall specify, at a minimum, 11 a metes and bounds description of the boundaries of the 12 proposed subdistrict, the general nature of the improvements to 13 he acquired, constructed or otherwise implemented within the 11 subdistrict, the necessity and feasibility of such lS improvements, and the proposed method for funding such 16 improvements. The petition shall state on its face whether the 17 power to levy and collect ad valotem tales within and solely 11 within the subdistrict is requested. It a subdistrict is 19 proposed within the corporate limits or eatraterritorial I 20 jurisdiction of a municipality, the petition requesting the 21 creation of the subdistrict shell be accompanied by an official 22 action of the governing body of the municipality in whose 23 jurisdiction the subdistrict is proposed approving the creation 29 of such subdistrict. s 25 (b) The board shall tot a date for a hosting On such i 26 petition not leas than thirty (30) not more than ninety (90) 97 days after the day the petition is presente4 to the district. 'I 31 Notice of such heating shall be given to each municipality 29 within whose boundaries or estraterritorisl jurisdiction the 30 proposed subdistrict would be located. A copy of the notice of 31 the heating shall also be posted in three (3) public place$ 32 located within the proposed subdistrict and at the county 33 courthouse at least fourteen (le) dire prior to the date set I` f 1 for the hearing. Notice of the hearing shall also be published 2 at least one (1) time in a newspaper of general circulation 3 published in the county at least ten (10) days prior to the 4 date of the hearing. S (c) Any interested person may West at the hearing for 6 the purpose of supporting or opposing the creation of the 7 subdistrict in accordance with the petition. The hearing shall a be conducted in accordance with the procedures established by 9 the board. 10 (d) After the public hearing, the board shall enter an 11 order making its findings in the official records of the 11 district. it the board deems the creation of a subdistrict to 13 be feasible and practical and finds that the creation of the 14 proposed subdistrict will be beneficial to the public, will 15 benefit the residents of and the land included in the proposed 16 subdistrict and will contribute to the orderly growth and 17 development of the regional water end wastewater systems within 16 the district, then the board shall enter an order granting the 19 petition and ordering the Creation of the subdistrict in 20 accordance with subsection (e) of this section. The board 21 shall include its findings in the order which shall be filed in 22 the official records of the district. The order shall Wing 23 the boundaries of the subdistrict, but it does not have to i 24 include all of the lend described in the petition if the board 23 in its judgment determines that a modification or change in the 26 subdistrict is necessity or beneficial to the public. if the al board finds to the contrary, it shall enter an osdar dismissing 26 the petition slid the proposed subdistrict shall not be created, is but a dismissal order shall be without prejudice to the ability 30 to petition for the creation of a subdistrict covering the same 31 territory at a later time. 32 (e) if the board orders the creation of a subdistrict Collect ad valorem taxes was 33 for which the power to levy and -17- I sot requested In the petition, the subdistrict shall be created 2 and in existence from and after the date stated in the order of 3 the district, without the necessity of a confirmation election 4 within the boundaries of the subdistrict and any such 7 subdistrict shall not have the power to levy or collect ad 6 valorem taxes, if the board enters in order granting a T petition that seeks the power to levy and collect ad valorem a taxes within the subdistrict, then the subdistrict shall not be 9 created until and unless a confirmation election is called, to conducted and held by the district within the proposed 11 boundaries of the subdistrict and a majority of the qualified 12 voters voting thereat confirm the creation of the subdistrict 13 in accordance with the provisions of subsection (f) of this 14 section. If the subdistrict is confirmed at such election, 1S then the subdistrict shall have the power to levy and collect is ad valorem taxes for the maintenance and operation of the 17 subdistrict and for the payment of contracts of the district; is provided that no such taxes shall be levied and collected until 19 and unless previously votod at elections held in accordance 20 with subsection (f). 21 (f) A confirmation election, when required by this 23 section, and any election to authorise the levy and collection 23 of ad valorem taxes within a subdistrict for maintenance 24 purposes shell be conducted in the manner required by Chapter 25 54, Texas Water code, for the levy and collection of 26 maintenance taxes by municipal utility districts, elections to 27 levy taxes in support of contracts shall be held in the manner 21 and with the effect provided by Chapter S4, Texas Nstef Code, 21 for the issuance of bonds by municipal utility districts. The 30 confirmation election required by this subsection, a 31 maintenance tax election and on election authorizing the levy 32 of taxes to support bonds or contracts of the subdistrict may 33 be combined into a single election, and any or all of such -1e- erections m.Ay be held an any day at date selected by the 1 1 board. lath Such election shall be called, convened and held 1 by the board in accordance with the Teals Election Code and + Chapter 54, Texas Wstet Code- 5 (g) A subdistrict, if crated in accordance with this 6 action, shall be a conservation and reclamation district undst 7 Article XV1, Section 59 of the Texas Constltutioa with the d limited powers granted in this section. The Subdistrict 9 constitutes a political subdivision and a corporate body sand 10 politic under the laws of this state. A subdistrict shall have 11 the 90weis Specified herein and shall have the Ssme powers, as 12 the district, but subject to the same limitations, Provide aprovided s vices 12 that a subdistrict shall not be authorised t Provide retail water U outside its b0undatieap estop[ that it MAY Dov 1S and sewer services within its customer agency Lat Staas 16 certificated by any applicable regulatory s9 Y 17 of Texas. 16 (h) if a subdisttict is crated $1 specified above, the it subdistrict Shall bs governed by a board of supervisors 20 consisting of at last five (S) superviSOrS. The initial board 21 of supervisors shall be Appointed by the district from among 22 the residents of the wbdisttict. The district Shall make such is appointments fot terms specified in the order creating the from the date of j 24 subdistrict but not exceeding four l61 Yeats 2S appointment. Such Initial SuPe106092 its subject to reacvsl, 26 with or without cause, by Actioo of the district. All 27 veaaneia shall be filled DY the district. After the to [the 28 appointment of the board of supervisors and prior 29 issuance of any bonds, notes, or other obligations of the 10 subdistrict, cambers of the board of SVPetvisors shall be 11 elected in the mannet provided by the laws of the state of 33 Texas app'.ietble to municipal utility districts. Motia and 11 the conducting of such election shall be in accordance with -19- !E 2 t sw b laws. 2 (i) The subdistrict shall have all the powers provided 3 elsewhere in this act and shall have ownership of and general 4 management powers over the affairs, works and projects of the 5 subdistrict subject to the provisions of any contracts with the 6 district. However, the issuance of bonds by the subdistrict 7 shall not be effective until such issuance is approved by e official action of the district. 9 (j) in those subdistricts having the power to levy and 10 collect ad valorem taxes, the tax totem shell be established by 11 the board ^f supervisors on the basis of annual budgets 12 established at the same time and in the same manner as tot 13 counties, and tases shall be levied by the board of supervisors. 14 (k) the members of the board of supervisors shall 1S receive no compensation for serving as a supervisor but may be 16 reimbursed for actual expenses incurred on behalf of the 17 subdistrict or in the discharge of their official duties, to (1) Subd utricts created in accordance with this act may it only become participating members of the district. 20 esCT1011 14. Conversion of Water supply Corporet on Lq 21 Subdis rich. (a) Upon the adoption of a revolution by the 22 board of directors of say non-protit water supply corporation 23 doing business wholly or partially within the boundaries of the 24 district and requesting such action, the board may consider the j 2S question of converting such non-profit water supply corporation t 24 to a subdistrict by following the ssmt procedures otherwise 37 requited by section 13 of this act and subsection (b),below. 29 (b) The resolution Of the board of directors required 29 above shall include, in addition to the information specified 30 in section 13(a) for petitions to be filed with the board of 31 the district, a pun of co: version, including, among others, 32 the proposed method for the transfer of assets and the 33 assumption of tebts to the subdistrict. -ad- I :c ?'`.3 E3PCr ST^r, ~:.:'H °~iE.3: i (cl It determined to be appropriate by the board, the district. at the request of the board it directors of such 3 non-profit water Supply corporatior may establish a board of 6 supervisors in greater number than specified herein for other y such subdistricts. 6 (d) Notwitbr.ending any provision of this act to the 7 contrary, env water supply corporation that was a member of the 6 Denton ejunty Steering Committee in connection with the Denton g Cr .,ty Water ■nd wastewater Study Regional Master Plan for 7010 10 may become either a contract member or a participating member 11 in accordance with the provisions of this act. 12 SECTION 15. MN!lnea et et Supervisors. The 13 board of supervisors of a subdistrict shall hold regular, U special or emergency meetings at those times and on those dates is the board determines. 16 SECTION 16.bdi t[flcei Mme fam Plan . The 11 board of supervisors of each subdistrict shall designate o is place within the subdistrict as the regular office and meeting 11 place, except that the regular meeting place may be at the 70 regular meeting place of the district if approved by order of 31 the district. i 73 SECTION 17. Celle tc 2!1.1 f Tt:es W , 73 (a) The county tax a ssasor-collector of the county r 74 shall maintain the tax rolls and collect togas for any as subdistrict located in the unincorporated area of the county 76 sad having taxing power in the same manner as for uses for the 77 county. The tax assessor-collector for the other subdistrict$ 36 shall be as selected and shall perform the duties determined by 76 the board of Supervisors. 70 (b) Reimbursement Of the costs of the tag assessor' 31 collector for such services shall be paid by the subdistrict. 37 (e) Taxes and other tevenues collected within a 33 subdistrict shall be used solely for purposes within the -at- I rrbdiecrict, except that the costs of administration of the I affairs of a subdistrict may be paid to the district in 1 accordance with contracts between the e.strict and the 4 subdistricts. All texas and revenues of a subdistrict as 5 collected shall be deposited as public funds into accounts of 6 the subdistrict approved by the district. All accounts of a 7 subdistrict may be audited by the district. All such funds may 6 be deposited or invested as Formatted fo: public funds. 9 PART III 10 MISCELLANEOUS 11 SECTION 18. Crestion Expenses. The district is 12 authorised to pay ■ll costa and expenses incurred in the 17 creation and organisation of the district: including but not 14 limited to the reimbursement of costs and expenses incurred by 1S the Denton County Steering Committee in the preps etion of the l6 Denton County Water and Wasteester Study Regional Master Plan 17 for 2010, and the upper Trinity Regional water District, Inc., to in the development and implementation of such study. The 19 district is authorised to succeed to raid assume the rights, 20 privilegas, duties and responsibilities, including contractual 21 obligations, incurred by the Upper Trinity Regional water 22 District, Inc., a nonprofit corporation created to setva on an 21 interim basis pending the creation of the district. 24 SECTION 19. In Etemetion. The accomplishment of the 23 purposes stated in this act being for the banefit of the people i 76 of the state and for the improvement for their properties and 27 industries, the district and the subdistrict$ in carrying out i 21 the purposes of this act will be performing an essential public 21 function under than Constitution and shall not be required to 20 pay any tax or assessment on any property or project ownad, 11 operated, lesaed, or contro.lsd by the district or any part 12 thereof, and the bonds or other obligations issued hereunder 11 and their transfer and the income therefrom, including the .22- I 33 3 !3 rgcr, I pri fits Insets on the sale thereof, shall it all times be free 2 frog taxation within the state. 3 SECTION 20. ,Severabili L. If any provision of this a act or its application to an/ person or circumstance is held 5 invalid, the invalidity does not affect other provision or 6 application of this act that can be given effect without the 7 invalid provision or application, and to this and the S provisions of this act are declared to be severable. The terms 9 and provisions of this act are to be construed liberally to A effectuate the purposes, powers, rights, functions, and 11 authorities heroin set forth. 12 SECTION 21. otic The legislature specifically 1 , 13 finds and declares that the requirements of Article XV1, 14 Section 59(6) and Section 59(a) of the Tessa Constitution, to 15 the extent applicable, have been met and accomplished in due 16 course, time and ardor and that all notice required to be given 17 se'sting to this act has been given, that all approvals IS required to be obtained pursuant thereto have been obtained, 1 19 and that the legislature has the authority end power to enact 20 this act. 21 SECTION 22. E+awteocY. The importance of this 22 legislation and the crowded condition of the aslendars in both 23 houses create an emergency end in imperative public necessity 26 that the constitutional rule requiting bills to be toad on 25 three several days in each house be suspended, and this rule is 26 hereby suspended, and that this act take effect and be in force if from and attar its passage, and it is to enacted. if 29 30 31 32 33 -22- 2574L EXH I BIT.. .e., RESOLUTION NO. A RESOLUTION SUPPORTING LEGISLATION TO CREATE A REGIONAL WATER AND WASTEWATER SYSTEM FOR DENTON COUNTY AND PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, the Denton County Region has experienced a considerable increase in population in recent years and is expected to continue to grow; and WHEREAS, an adequate and safe supply of drinking water is a fundamental necessity for life, and for the sound economic development of the region; and WHEREAS, collection and treatment of domestic and commercial wastes are vital public services that need to be coordinated with the water system; and WHEREAS, more than thirty (30) cities, towns and water utilities in Denton County conducted a study and prepared a plan to address water and wastewater needs on a cooperative basis; and WHEREAS, the City of Denton participated in the Water Study and contributed to the cost of developing the Master Plan; and WHEREAS, the Texas Water Development Board awarded a matching grant to conduct the Regional Study; and I WHEREAS, the Texas Water Development Board and the Water Study Committee have approved the Report and Master Plan; and WHEREAS, there is an urgent need to implement the recommendations of the study to organize a regional utility system to protect the environment and to provide the most efficient utility and solid waste disposal services; NOW9 THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the Denton City Council supports the creat on o a utility system which can contract with Denton County cities and utilities to provide the water supply, wastewater treatment and waste disposal services on a regional basis. SECTION II. That we urge the Texas Legislature to give early cone erat on end approval of enabling legislation for creation of a Denton County Regional Utility System. I SECTION III. That this resolution shall take effect immediately rom and after its passage and it is accordingly so resolved. PASSED AND APPROVED this the day of , 1488. RAY , MAYOR ATTEST: JENNIFE? , CITY-MMM APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: yZ ,c•,•~ f ,i t r E E i E r~ f 11111 1110, f 3l/ ml -~a F NEIGHBORHOOD/CITY PARTNERSHIPS REPORT AND RECOMMENDATIONS IN RESPONSE TO DENTON CITY COUNCIL NEIGHBORHOOD IDENTITY GOAL j i I `i a I j I t F I' '1l 1 T ~ I. BACKGROUND After Its July, 1988 Annual Update Session, the City Council added a Neighborhood Identity Goal to its Strategic Plan. The thrust of specific objectives associated with this goal has been work towards a recommended approach for assisting neighborhoods in (1) organizing themselves; (2) communicating more directly and effectively with City government; (3) Increasing awareness and having more Input into decisions, plans, and activities that affect their immediate area and the community as a whole; and (4) developing self-help approaches to improving the physical and socio-economic condition of neighborhoods. An East Denton neighborhood group has been working with staff since April of 1988 with the understanding that we are all learning as we go, and lessons from this experience will be used to evaluate the feasibility of expanding the neighborhood organization approach Into other areas of the City. II. RESEARCH FINDINGS Neighborhood Improve men Uplanning programs have been around for awhile, have fluctuated in popularity throughout the nation, and seem to be on the rise again. Staff reviewed a considerable amount of literature and contacted the International City Management Association 6CMA), American Planning Association (APA), National Association of Neighborhoods (NAN), and cities throughout the region, state, and country for resource material and ideas. Though a bit lengthy, examining closely the lessons and data from experienced sources might help guide our effort. A. EVOLUTION OF NEIGHBORHOOD GROUI'S Neighborhood organizations and city-wide programs are formed for a multitude of reasons which from the point of view of residents Is usually based on some crisis, school closings, zoning controversies, and concerns about crime are common examples. People are mobilized quickly and sometimes effectively, but marry organizations die soon after the crisis passes. Even when those involved In a crisis choose to work toward a more formal organizational structure, the number of active participants drops sigaiflcantly. When there is no crisis and problems are more pervasive, such as ptWdeal decline and a perceived or real gap In the delivery of public services, the challenge to build an organization is even tougher. B. CHARACTERISTICS OF SUCCESSFUL NEWHBORHOOD EFFORTS The Denton City CotAcil has taken what appears to be a somewhat unique approach by investigating the possibility of Wtiating a neighborhood identity strategy before existing or potential groups thromghout the City start reacting to problems they feel have reached the crisis stage. The avaffible literature and actual experiences of various cities and neighborhood orgarizers strongly recommend the following when considering implementation of a neighborhood tmprovernent/planning system: Report and Recommendations Page 2 1. Involve. Citizen leaders, council members, the mayor, city manager, and department heads when initiating a program---lack of support is one of the most frequently mentioned problems. 2. Organize. Establish a well-documented, detailed organizational structure that clearly specifies the powers and responsibilities of various groups as well as organizational procedures to be followed. When flexibility is desired, specify the range of options. Many conflicts between local government and neighborhood groups can be attributed to things as basic as differences In expectations of how the program would operate. Individual neighborhood groups should also be required to organize properly through the use of bylaws and other techniques that give them more legitimacy. 3. Define. Clearly defined neighoorhood areas and boundaries promote a sense of community and lessen potential for turf conflicts. The boundaries should not be Imposed by staff members; it should be a collaborative effort between staff and neighborhood representatives. Objective data such as socio-economic characteristics, historical factors, and natural and man-made features can be used as a start. But subjective impressions and perceptions of the residents must be carefully considered. 4. eco e. Goals of the program should determine whether a decision is made tv a-blish new neighborhood groups, involve Indigenous ones, or formally recognize groups. Programs only concerned with Iromoting self-help efforts can be handled through existing groups, for example. However, if groups do not exist in key areas, staff members should help organize them. If neighborhood groups are to be given advisory roles, a system of formal recognition Is necessary. S. Sanction. Neighborhood programs should be formally sanctioned by council resolution because It demonstrates commitment. 6. CornrtnuiicaA. Effective communication between staff, neighborhood participants, elected officials and everyone involved In the process is essential. There should also be a mechanism for communication between neighborhood leaders, A two tiered system allowing neighborhood leaders to share experiences and common problems and to develop positions on Issues with a broader potential effect on the community Is usually handled by establishing an advisory council which Includes leaders from all the recognized groups. 7. BA aed R Am Development of neighborhood plans and review of plans of developers and city operations in the early stages can be productive for neighborhood groups and government. 8• Coodbate. Any neighborhood plant should be coordinated with the community master or comprehensive plan. 9. L%II 1 on a Self-help Self resoontihiJl tv Mentality, Government cannot do everything and long term success will not be accomplished any other way, f Report and Recommendations Page 3 neHim Financial ighborhood cannot make changes happen alone assistance is essential. The to. it. B et. A system allowing neighborhoods to submit prorssals for Lticlusion in the annual capital improvement budget is a major put of _ many programs. Recommended approach is to set aside proportion of annual budget for neighborhood projects; a special and well-balanced projects. If this approach is chosen, neighborhood groups must be advised of the status of their budget requests and given a chance to explain their Importance. ability. Even after direct lines of 12. Notify ►7ol1ow UO and AssA Resooas communication between all affected parties are established trouble getting in touch with "the right person" is still a frequently mentioned concern. An "early notification process" that informs citizens of upcoming agenda enda Item and other implemented in malty communities. of potential concern has been 13. ord. Staff the effort adequately. Overworked staff people and borhood sucih as adequate clerical support makes ai significant difference. items tafprograms 14. o be Don't designed t throw for both neighborhhoofd raleaderstanndd sitraining should asl sttategles, expectations, and techniques should be explained to new putictpan►ts. Staff members need to know how to organize and sustain community groups, recognize available resources, and acknowledge the limits of their role. Community leaders need to: be organized; run w the program operates; meeet recruit who best to participants; s understand a m. and, know who best to contact to solve a problem. ls. ."1 ad Chasse 11,11111, 111111!!111 Chnaaslns Co do itiats• A monitoring and A<4 evaluation program should be established ana Implemented. 16..~elf-selected Leadersh~e. Neighborhood leaders must be selected by the people they represent. The by-laws should lav no doubt about election procedures, term of offices, and other procedural C. THEORETICAL ADVANTAGES AND BENEFITS VS. REALITY " i Nei by William M. Rohe' and Lauren B. Gate, copyr t, 1985 North Caroline University Press) is considered one of ne most useful, clear and concise books ever written aboutA nei-pl."hood ,-ament the InvolvemenUplanning systems. The authors set out i fifty-one local effectiveness of city wide neighborhood programs spons governments. A mail survey was conducted b`twea . 079ntadC1981 ~ and follow-up visits were made to six case study Houston, St. Paul; and Raleigh and Wilrv.1gton. North Carolina. To eto summarize, the authors concluded that P%dnborhood programs do appear live up to many expectations. They .emintgty result in: a planning process more responsive to local va1-•.s and preferences; more neighborhood Report and Recommendations Page 4 improvements; a modest increase in participation; and, sor,, improvement in service delivery - particularly in human services, pub",; safety, and public transportaticu (although most programs focus on phw:cal development). The authors' work also contributed significantly to the :at of previously discussed recommendations for setting up a program. The survey Instrument and research was signed to test the validity of eight (5; positive theories or assumption, that together represent what many envision as the bottom-lane ber .sits or desired results of neighborhood Improvement/planning efforts. Theory 1: Cornowed :o traditlonr: aDeroaches aeighborbood olar.,t~~ prograIs are more r_.ponsive to local characteristics desires and problems The research evdence supported this theory. All neighborhood programs surveyed InvO.ed neighbcrhood groups in identifying problems, reviewing plans prepared , city agencies, and developing their own plans. There was a direct link h-oveen neighborhood and comprehensive plans in the case of 78% of the re-eondents. Theory 2. More people narticinate under a nelshborbood nlannin8 anoroach than traditional aewroaches. An increase does occur, but overall participation is atiU low. Twenty-five percent (25%) of respondents indicated increased participation and attendance at monthly meetings averaged between 15 and 40 (still higher than typical planning or council meetings unless a controversial issue Is being dealt with). Increase in participation related to large number of positions, officers, and committee chairs, etc. when new nenghborhood groups are formed. Disturbing trend was incredibly low rate of continuous Involvement which study attributed to citizen apathy, Inadequate organization, "burnout" and poor publicity. Il 3: Sle I 111 11! boyhood pripjarsig,1111 are more ct oriented as ed to policy oriented sad nsare physical im~roeemeaU and increased political coastltueacv [or oL~trs are achieved Hard evidence {s sketchy, However, study suggests that theory is proven at least In more active programs. Twenty-seven percent of survey respondents mentioned improved physical conditions and 88 percent felt that housing, streets, sidewalks, curbs, and recreational facilities were Improved. Ironically, some staff members felt that too much of the municipal budget was being spent on neighborhood projects and too little on community-wide improvements. Tbr 4: kWff!6mentt {n oubBic service Is an outgrowth of ae +tlvrove°°eat~alang nroeraau. A slight amount of evidence supported this theory, but a point of concern was that only eight percent of respondents mentioned improved services compared to 27 percent who mentioned Improved physical conditions. e r t In e a flop a st~onter cease o conunur{ty The data suggests that new catununity organizations spring up and old ones are strengthened, but low participation rates at meetings indicate little increases In overall social interaction. Report and Recommendations Page 5 Theory 6: Greater integration of participants Into the larger societ ry and increase in the vertical ties between the community and lamer socio-political organization is a benefit of neighborhood programs. Evidence shows that participants are integrated into the larger society, but primarily for the select _ few In leadership positions. Theory 7: Neighborhood proarams increase citizen access to and trust in local goverment. There results were mixed. A majority of respondents indicated Improved citizen-government relations and trust In public officials. Better information exchange and commurlcation between citizens and public officials was considered the biggest plus. Attendance at meetings by agency heads or their designees and elected officials was also viewed as positive. Those who felt that their program had not lei to Improved relations cited: 1) breakdowns in the process of approving projects; 2) lack of real commitment on the part of public officials; and 3) raised expectations not back A by funding to allow follow through on activities or projects. Theory A: Neighborhood Improvement/planning programs result in a more equitable distribution of public goods. The majority of respondents felt that a more equitable distribution was achieved, often citing improvements In low Income arena. What is unclear is whether lower income areas truly benefited more proportionally, or if there was simply an across-the-board increase in total expenditures for neighborhood projects. Closer analysis Indicated a larger actual increase in middle income neighborhoods, and where significant Improvements were made In low income areas they tended to be funded by Community Development Block Grant Funds only. Ill. OTHER CONSIDERATIONS/ COMMON CONCERNS AND PROBLEMS A. NARROW INTERESTS The assumption is that strong and attractive neighborhoods result In improvements in the community's overall quality of life. Even with neighborhood advisory councils and other systems designed to broaden perspectives, decision makers will likely have problems with neighborhood groups who fail to see the "big picture". The "us vs. them" mentality can also become pervasive within organizations dealing with a lot of development issues. Within neighborhood groups rhemaelves, a problem with inadequate representation can develop if limited and controlling factions emerge. B. "CITY HALL IS PASSING THE BUCK-OR 1 PAY MY TAXES SO JUST FIX THE PROBLEM" ATTITUDE The line between what might be a good volunteer or neighborhood Initiated project vs. a problem that City Hall simply needs to fix can become fuzzy on occasion. Elected MA administrative officials might also be accused of trying to manipulate, co-opt or delay action through the use and creaticru of neighborhood organizations. Report and Recommendr.tIons Page 6 C. LACK OF CITIZEN PARTICIPATION AND COMPETENCE Poor participation and burnout has been mentioned and can be expected when neighborhood groups are formed. Excessive demands, inadequate citizen leadership, and parochial attitudes can become a F,oblem as well. Some cities express concern about "hand holding," !ack of self-sufficiency, how easily some citizens are swayed by development Interests, and ineffective leadership. D. UNCLEAR PROGRAM GOALS AND PROCEDURES Lack of direction has hurt mane efforts and council members, staff, and citizens have sometimes asked for clarification of their roles. Owl planner commented that city administration wants to see protection of the city's interests. And the neighborhood wants an advocate for their causes. Balancing the two demands and maintaining credibility can be difficult. E. POLITICAL/SELFISH MOTIVES There are many stories of individuals using participation In neighborhood groups as springboards to political offices. Even when this is not a motive or planned strategy, neighborhood leaders and groups caa develop Into powerful political forces. F. LACK OF COMMITMENT/RESOURCES This one has already been touched on, but the importance of establishing a program that is capable of producing cannot be over stated. To sustain itself, a neighborhood organization must continually acquire energy and resources from its members and other organizations such as churcher, public agencies, private foundaticns and go•ternment. G. DEMOGRAPHICS In a study designed to took Into the psychology of participation and the distinction between successful and unsuccessful block associations, two psychologists concluded that most people Involved In local groups were not necessarily middle class. This was a 1979 study whore findings stood In stark contrast to what many studies of volunteerism had shown. W. STRUCTURE AND MODEL PROGRAMS The structure of formal neighborhood programs and approaches does vary significantly even though goals are often similar. This section focuses on survey results from the fatty-one cities referred to earlier, Where responses do not add up to 10096, some cities chose more than one answer. Column 1 Is the frequency of resi.onse and column 2 is the percentage. Report and Recommendations Page 7 A, METHODS OF NEIGHBORHOOD DEFINITION Frequency Percent Physical boundaries 37 75.5 Analysis of socio-economlc data 28 54.9 Survey of Citizens 16 31.4 Survey of neighborhood leaders l5 29.4 Pre-existing political boundaries 13 25.5 B. ORGANIZERS OF NEIGHBORHOOD GROUPS Community leaders 36 70.6 Existing community organizations 35 68.6 Planning Staff 23 45.1 Other 8 15.7 C. HOW NEIGHBORHOOD REPRESENTATIVES ARE SELECTED Election by committee Is 35.3 Election by neighborhood residents 16 31.4 Volunteers soUcited 11 25.5 No set method 9.8 No official representatives 5 Appointment by Mayor or C00.nC11 3 5.9 Cther 3 5.9 D. MEANS OF PROGRAM SANCTION Council resolution 24 47.2 None 10 19.6 Agreement 9 17.6 Executive order 4 7.8 City Charter 3 5.9 Other 1 2.0 E. ADMINISTERING DEPARTMENTS/AGENCIES planning 2,6 51.0 Community Development 13 25.5 City Manager 5 9.8 Mayor/ Council/ Borough President 3 5,9 Housing 2 3.9 Independent 2 3.9 i I 4 Report and Recommendations Page 8 F. KIND OF SUPPORT OFFERED TO PARTiC!PATING NEIGHBORHOOD GROUPS Frequency Percent information or data (maps, 48 94.1 traffic counts, crime reports, e.g.) Staff/Technical Assistance (llalsom, plan 40 78.4 & protect development,e:g.) Materials (paper, informational 31 60.8 booklets, e.g.) I Financial Assistance (typically for protect 28 54.9 implementation) I Other 7 13.7 0. ROLES OF NEIGHBORHOOD GROUPS identity problems 51 100. Renew plans 46 90.2 Develop Plans 41 60.4 Self-help 39 76.5 Monitor protects 34 66,7 Other 7 13.7 H. ROLES OF STAFF Technical assistant so 98.0 Liaison .16 90.2 Educator 33 64.7 Organizer 23 45.1 Mediator 21 41.2 Advocate 21 41.2 Other 2 3.9 i 1. SOURCES OF INITIAL PROGRAM SUPPORT Planning Director 27 52.9 Citiaen groups 17 33.3 i Mayor 15 29.4 Planning staff 12 23.5 Councilperson 9 17.6 f City Manager 5 9.8 Other 7 13.7 i 1 i i Report and Recommendations Page 9 J. SOURCES OF INITIAL PROGRAM OPPOSITION Frequency Percent None 30 58,8 Councilperson 7 13.7 City ;,gencles 3 5.9 Planning director 1 2,0 Citizen group 1 2,0 City Manager 1 210 Mayor 1 2,0 Other 5 9.8 K. METHODS USED BY NEIGHBORHOOD GROUPS TO INFLUENCE CITY OFFICIALS Speaking at meetings 45 8g,2 Personal contacts 44 86,2 Use of the media 30 5818 Organized protest 25 49.0 Voting as a block 6 11.8 Other 11 21,6 L. SIZE OF SURVEYED CITIES WITH NEIGHBORHOOD PROGRAMS Under $0,000 3 519 50,000 - 100,000 6 11,8 100,001 - 250,000 13 25.5 250,001 - 500,000 12 2:,5 500,000+ 17 33,3 M. FUNDING Local, state and federal funding sources support neighborhood programs throughout the country, however, the most frequent source is the federal government. Eighty-two percent of the fifty-one cities surveyed rely on CDBO funds, and in many cities the neighborhood plansdWimprovement program fulfills citizen participation requirements, Many of the projects Wtiated by neighborhood groups are CDBG eligible - but It Is also significant I to note that iW4--nine percent of the cities surveyed for this study also used local funds for administrative and capital expenses. Twenty-six percent of the programs also relied on state funds and many neighborhood Stu" that evolve i Into housi ids corporations and similar community based organizations are eligible from j private foundations, N. MODEL PROGRAMS Staff initially considered limiting the more in-depth descriptions of systems actually in place to cities relatively comparable In site to Denton, out, as the data suggests, most formal programs are found in larger cities, and focusing on certain similarities, differences and Interesting aspects of these examples might prove beneficial even In cues where the level of funding far exceeds Report and Recommendations Page 10 what we have to work with. We did categorize the systems as "substantially funded," "moderately funded," and "limited funding." Substantially Funded; Houston, Texas (1,705,000) established a neighborhood planning program in 1979 to aid groups In revitalizing and conserving their areas, The major Impetus came from the mayor and planning staff and the program was established within the planning department by executive order. Technical assistance is provided to established groups and groups are organized where none exist. Particular emphasis is placed on low income areas. The effort is staffed by fog' professional and two support positions. Workshops cover areas such as attaining non-profit status, organizational capacity building, and fund raising. Neighborhood groups are given information and data and a resource file of persons, agencies, and programs available to assist citizens is maintained. A monthly newsletter Is printed, help In writing proposals Is provided, and neighborhood plans and self-help projects are developed, ' The neighborhood groups are not involved In formal review of city plans and are not given special status In the political process--they interact with the mayor and city cow.cil through traditional chrnnels such as appearing at council meetings and writing letters or petitions. There Is a coalition of neighborhood groups in Houston with no formal link to the neighborhood planate program. Current funding level is approximately $175,000 in CDBG fund, Topeka, Kansas (118,000) has divided Its city Into twelve (12) neighborhood improvement associations (MAs) &M Is an example of a city whose neighborhood program Is really designed to fulfill CDBG citizen participation requirements. Its purpose Is "improved communication, understanding, and cooperation between citizens and city officials through a neighborhood and community structure." Each association has elected officers and holds monthly meetings where concerns/needs are communicated and input is given on proposed plans and policies that might affect the neighborhood or community. Two members from each association are appointed to an Advisory Council whose purpose Is to make recommendations to the City Council regarding allocation of CDBG funds. The Citizen Participation Division of the Community and Economic Development Department has two neighborhood coordinators and support staff penom who provide technical assistance, act as liaisons, process complaints, conduct training, and perform general administrative tasks, Direct funding requests for projects that are neighborhood generated must be CDBG eligible; the city matches dollar for dollar (with CDBG funds only) money raised by NIAs for eligible activities. Special incentive techniques Include awarding on a monthly basis a traveling plaque to the NIA with the highest meeting attendance arsd granting a $2,000 annual award to the MA with the highest annual cumulative attendance for any CDBG eligible activity. Current funding level is $67,000 completely out of CDBG funds. f Iii i Report and Recommendations page 11 Moderate FundL++:, Wilmington, North Carolina (44,000) is a port city that had experienced a declining population and had a median fami.ty income of approximately $13,517, with 20 percent below the poverty level according to the 1980 census, Wilmington has a council-manager form of government with 7 council members elected by district In non--partlsan elections. The neighborhood planning program was initiated in 1974 to fulfill CDBG citizen participation requirements. 'There were seventeen (17) formally sanctioned neighborhood groups called "local assemblies," Program goals were to: (1) provide a mechanism for citizen participatiai in the community development budgeting process; (2) provide citizens with a mechanism to express their views on city Initiated projects/plans; (3) educate citizens on the operation of city government; and (4) encourage self-help projects. The program was sanctioned by council resolution and operated under the direction of the planning department. In 1981, staff rupport corsisted of one planner and four student Interns and the budget was $34,000. Wilmington had a two-tiered system composed of the seventeen local assemblies and a city-wide community development committee. no boundaries were defined on the basis of a survey focusing on neighborhood perceptions. A media campaign and personal contacts were used to encourage citizens within each area to organize. By- laws were drawn up by staff to govern certain aspects of the program, All groups had a chair and vice-chair limited to one year terms. AU those attending a meeting were allowed to vote on items brought to the floor. Most groups met monthly and the recognized groups enjoyed a special relationship with the city council. The minutes of meetings were sent to the council and assembly representatives were consulted on projects and Issues affecting their areas. The assembly chairs were members of the city-wide community development committee. Five other members were chosen from a coaUtlon of civic groups ruch as the League of Women Voters and Kiwar►ls and Rotary Clubs. Pkh4 dson. Texas (74,000) has a Neighborhood Integrity division of Its Environmental Health Department, The program appears to be geared towards together neiand stabitizing; ghborhood Interests to de character with t code enforcement p ~1~ clean-up campaigns and other self-help projects, maintenance cthproblems, and similar activities. The neighborhood Integrity supervisor leads thereffort and assisting In the organization of neighborhood groups appears to be limited to target areas on an as-needed basis. Coordinating and seeking cooperation of various departments responsible for certain projects and services is a key necessity, Staffing and budgeting consists of four full time positions and approximately ;120,000 respectively. t Te added a neighborhood integrity function a r ,tely one year ago and the similar to Richards's. The neighborhood atiint grityi manager _workssf with th h Sin annual budget not approximately $60,000 In CDBG funds and feels that an additional professional position and supplemental general funding is needed, Report and Recomn.endatiori Page l2 Limited Funding: In spite of the fact that the research material emphatically stresses the importance of financial support, some communities are into neighborhood organization activities In a limited way without allocating or redirecting specific or additional funds to support the effort, V c Texas recognized the need to implement neighborhood related activities when it was developing and implementing Its comprehensive plan In 1983. The staff set up meetings in four older residential and commercial target areas in need of "economic vitality." The citizens took it from there and four neighborhood organizations were formed. Since that time, community interest in the pre%:ess has Increased, and though one does not exist now, the staff expects to see a council or federation of neighborhoods once more organizations spring up. There are no funds earmarked for this program and it Is simply treated as an outgrowth or function of the planning process. Neighborhood plans have not been developed. The staff person emphasized the fact that they will listen to "any organized group," but wW provide some limited special assistance to neighborhood groups with by-laws and a formal structure, The neighborhood organizations concentrate on self-help projects and identify what needs to be done from a planning and service perspective to improve the area. The limitations of the program and what the City Is able to deliver to strongly emphasized, according to the staff contact. Other Midsised Texas Cities; Tvler (73,000) and San Anaelo (84,000) were the only other of twenty (20) Texas cities with populations between 45,000 to 105,000 with Neighborhood Improvement Programs. Both are more closely related to the Waco approach than anything else. Galveston (62,000), Grand Prairie (86,000) and Temple (45,000) have neighborhood land use plans but offer nothing else in terms of technical assistance and organizing groups. San Antonio, Austin, and Port Worth are other large Texas eider with major neighborhood improvement planning programs. V. RECOMMENDA'TiONS FOR DENTON The work plan that Is being used in the pilot program in East Denton Is contained in Appendix C. If the work plan, and the recommendations listed below, meet with Council's approval they will be used as the program is expanded to Include other neighborhoods. o Slowly expand the Neighborhood Organization effort with special emphasis on targeted, older, and/or declining residential and commercial areas. Develop criteria for selection and sanction of targeted areas aid organizations us AS such factors as physical and economic needs, crime, and land use Issues a more detailed list of recommended criteria or decision fat ors can be developed and presented at a future work session. Report and Recommendations Page 13 o Develop a media campaign and train key staff people in organizational techniques. Once target areas or selection criteria are developed move toward organizing no moi a than one new group at a time after existing and preceding groups become satisfactorily self-sufficient (by-laws adopted, leadership established, Initiative and self-help capabilities exhibited). We simply do not have the staff or resources to help cultivate more than one group at a time and probably no more than 3 or 4 in a year with the current organizational framework. o Offer some limited assistance to neighborhood or home owner's associations that are existing or might form outside of targeted areas. An early notification system for zoning cases, public projects, capital improvement public hearings, and disseminatloa of crime reports, traffic counts, maps and similar information are things we can do on a city-wide basis If properly organized. o Tht Denton Development Plan calls for division of the community into smaller planning areas. Designate the planning and community development department as the lead operation for the effort, but stress the Importance of effective involvement coordination and cooperation among all departments and the city council, The neighborhood identity council goat: committee would be a good vehicle for keeping the council and key departments informed and involved; the City manager's office does and should have a strong presence on this committee, o Do no. create another layer of bureaucracy, but do treat this u a special budget Issue and allow heavily involved departments to submit separate or supplemental budget requests specifically related to the neighborhood effort, The manager will have to set very strict guidelines prior to and during the budget preparation season. o Do not alter our Community Development Block Grant program In any way. If neighborhood groups are organized or citizen participation increases city-wide u a result of this effort, the Community Development Block Grant Committee and City Council seem capable of handling requests for eligible projects coming from neighborhoods through the existing process. Des! "S a neighborhood involvement program that would be totally or heaviy re ant on CDBG funds seems shortsighted given the current en%*onme2t. o A similar philosophy as above regarding the Capital Improvement and General budgeting process, inform and involve neighborhoods, but work requests and needs Into the system without giving them any special privileges. Be honest about WnltatIons without us 'jig lack of funds u an automatic excuse, o The City Council should establish program goals and mMlon. Broad possibilities include, but are not limited to, Increase citizen awareness and Involvement; encourage self-help projects; decentralize city services; develop neighborhood plans; provide a regulu forum for communication and problem solving through neighborhood meetings; beautify neighborhoods; economic revitalization and neighborhood conservation; formal review of public and private plans prior to formal hearings. Report and Re COMMendat long Page 14 o Suggested range of staff involvement; technical assistance; liaison communications, complaint processing and proJect implementation, training, limited administrative tasks. Attend but not run meetings once groups are formed and self-sufficient. Process budget requests. o Look at a more detailed recommended program structure by March, 1989, o Sanction program by resolution If decision Is made to move forward and recognize eligible neighborhood organizations. i i I 1 r ~ 2411a ~i APPENDIX A ?IANNIN `:"TH NEIGHQORHOODS LIST OF SI CITIES SURVEYED WITH POPULATION: Allentown, PA (103,000) Madison' WI (170'000) Asheville, NC (58,000) Minneapolis, MN (358,000) Atlanta, GA (426,000) New Orleans, LA (559,000) Baltimore, MD (763,000) New York, NY (7,164,000) Boston, MA (570,000) North Wilkesboro, NC (3,000) Boulder, CO (77,000) Oak Park, MI (30,000) Chicago, IL (2,992,000) Oakland, CA (351,000) Cincinnati, OH (370,000) Omaha, NE (334,000) Columbus, OH (566,000) Phoenix, AZ (853,000) Dallas, TX (974,000) Pittsburgh, PA (402,000) Dayton, OH (t$1,000) Portland, OR (365,000) Denver, CO (504,000) Providence, R1(154,000) Des Moines, 10 (109,000) St. Louis, MO (429,000) Detroit, MI (1,089,000) St, Paul, MN (265,000) Eugene, OR (10 , x+00) Salem, OR (90,000) Flint, MI (149,000) San Antonio, TX (842,000) Fort Worth, TX (414,000) San Diego, CA (960,000) Fresno, CA (267,000) Seattle, WA (488,000) Gary, lD (143,000) Spokane, WA (159,000) Honolulu, HI (845,000) Tacoma, WA (159,000) Houston, TX (11705.0m) Toledo, OH (343,000) independence, MO (112,000) Trenton, NJ (92,000) I Jacksonville, FL (577,000) Wuhington, DC (622,000) I~ Kalarnotoo, Ml (77,000) WWnington, DE (69,000) l Kuwas City, MO (443,000) Wilmington, NC (44,000) ` Lincoln, NB (180.000) r! i 2423a i 1 1 APPENDIX B LIST OF TEXAS CITIES SURVEYED j POPULATION: 45,000 - 105,000 i j Baytown (60,000) Bryan (58,000) -4 Carrollton (52,000) College Station (45,000) Galveston (62,000) Grand Prairie (86,000) Harlietgen (51,000) Killeen (SS,000) Longview (73,000) McAllen (77,000) Mesquite (77,000) Midland (97,000) Plano (93,000) Port Arthur (64,000) Rlchardson (76,000) San Angelo (84,000) Temple (45,000) Tyler (73,000) Waco (104,000) Wichita Falls (98,000) f i i i f 1 r 2423a Date: October 10,1988 APPENDIX C WORK PLAN/IMPLEMENTATION STRATEGIES GOAL/POLICY: NEIGHBORHOOD IDENTITY ! I_ I ! + OBJECTIVE/TASK ! ASSIGNED TO INEEDED BYI ACCOMP- I I RESULTS ! I9H6 I IMPACT ON BUDGET AND/ I 1. Gather material outlining I David I I I URAE CT V Bllaon 07/88 TI 9 ! approaches to neighborhood) Harry Pereaud I i Yea I ICMA,e Management Advisory) j I improvement, planning, andl I I I Service and American I 1 I Identity programs used in I I I ! Planning Association's 1 ' other communities. I I I Planning Advisory Service 1 I ' I I ' I provided numerous studies I I 1 and sample approaches. 1 ! 2. Assemble me^f teary and i David Ellison + 07/88 ! I I inform them of goal of I I Yee I City Manager's Office, Program and desired 1 + I Planning, Finance, Parke I results. 1 i I I d Recreation, Library, 1 ! I I Police, Fire, Engineering,) I I I Building Inepectione J + 1 Community Services are I I ~j . . among operations tnvolved.~ 3. Begin outreach to priority Entire Team I I I r + neighborhood(s) - Explain i 08/88 IQuali[iedl East Denton chosen as f goal and establish trust I I Yee I initial neighborhood I I I and communication between I I because of e I ! staff and residents. I I P-•oiel and I 1 1 I 1 110ngatanding needs. Three) 1 8trsa• need for I I I neighborhood meetings hovel cooperation. I ! I 1 been held and although 1 R ! I I I J some skepticism to evi- + I ! 1 dent, the oaJ0rity of res-1 ! 1 + ! 1 !dente appear encouraged. ! !1 4. Lteten to and document I ! I ! ! problems and Priorities ae~ Enure Team 1 08/88 1 Yee I A long and updated list ofl I r defined by neighborhood 1 I I Droblema/leeuea hna been 1 1 and respond to them in I I 1 ( compiled and responded to I I ' beat possible manner, f ( I by staff. Every issue I I f ( has not been resolved to f ± ! ' 1 date, but efforts will I I 1 I ( + continue and the neighbor-I I hood to working closely I wi eto[f ! 2312 Iw i Date: October 10, 1988 APPENDIX C WORK PLAN/IMPLRMENTATION STRATEGIES GOAL/POLICY: NEIGHBORHOOD IDENTITY i 1 OBJECTIYEITASK I ASSIGNED TO INBEDED BYI ACCOMP- I RESULTS 1 IMPACT ON BUDGET AND/ I I I i i LISHED i i OR CURRENT ACTIVITIES 19. Involve neighborhood in ISubcommittee 111/30/88 I No I { I analysis of different {of Staff Team I I I I systems used elsewhere, I& Neighborhood I I I I Select alternative(s) to IRepresentativeal I 1 I I recommend to City Council I I 1 I I I that staff and neighbor- I I I I I I I hood feel might work in I I I I I I Denton. I I I I 1 III 6. Select a preliminary I City Council I 12/88 I No ( f I I approach using Bast Dentoni I I I I as a model ! ( I I I I ! ~I ~ 7. Evaluate and inform City I David Ellison I 04/89- I No I 1 I 3 I Council of effectiveness, I I 06/89 I 1 { I III I problems, and issues that I { 1 1 I I I develop in East Denton. I I I I I I If suecsssful, project I I i I I I costs and present plan for) I 1 I I I I impleawnting to other I I I I neighborhoods. B. Determine whether to City Council 06/89- I No i ( Selecting process or implement program in other 10/89 I structure that maximi- neighborhoods and select I I I I I zes chances of success I I II structure based on Cast J I I I J but mininijes impact on Denton results and I I I I I budget will be diffi- !j J potential budgetary I I I I I impact. ( i I cult based on model I I I I systems identified to I I- ! I ! I I date. 1 I { 2312) I { Community Oriented Policing i I { i IMPLEMENTING A COMMUNITY CRIME CONTROL PROGRAM Implementing a successful community anti-crime program requires consideration of three interrelated elements: the community, the police, and the program. Since anti-crime programs are voluntary and their success depends on community support and participation, it is mandatory that the valves, norms, attitudes, and behavior of the residents be understood. A program not tailored to the needs of the community, not sensitive to its dynamics (relations among existing organizations, land usage, residents' demographics, and the prevailing sense of community), and not consistent with the neighborhood's resources or the citizens' motivation is doomed to failure. Similarly, a program that does not consider police officers and their department cannot function long or effectively. It is the police who wield the ultimate power over the program's future. It is their ability to use legitimate coercive force to arrest suspects, disperse crowds, and maintain public order that gives a community program its muscle. Program designers must give consideration to police factors such as resource allocation, technical expertise, motivation and reward, and organizational structure. Without the cooperation and participation of police, a community anti-crime program may become a vigilante activity that finds itself confronted not only by crime but by the legitimate agents of social control. In short, each anti-crime program must be designed with the unique needs and abilities of both citizens and the police in mind. For the program really to succeed, both sets of players must work toward apartnership; without a sharing of their critical but limited resources, the program will not succeed. But what is success? In almost all descriptions of community anti-crime programs it is defined as the reduction of the incidence of a target crime or crime(s) that the program was designed to reduce. Overall assessment of these programs indicates, however, that success so defined is largely elusive. According to the formal evaluations that were most rigorously undertaken, crime levels in the communities studied show little if any immediate decline and no long-term reduction. In short, anti-crime programs appear to have no effect on crime$ Does this Bean that the programs were a failure and that the concept of community anti-crime is without merit? Or could it mean that the wrong criteria of success were used to evaluate their impact? To answer these questions, one must look at the relationships among actual crime, the perception of crime, fear, and sense of personal control over ones's environment. The findings of a five-year study on the fear of crime, coupled with various evaluations of anti-crime efforts, supply an unexpected answer. Data from the Reactions to Crime Project show that people's concern about crime is disproportionate to the actual chances of becoming a victim. The people least likely to be victimized (the elderly, women, and the middle class) are the most concerned about crime, while those most likely to become victims (the young, urban dwellers, and the poor) manifest the least fear.3 i page 1 This overestimation of vulnerability to crime directly affects citizens' quality of life and sense of personal control. It produces a feeling of isolation, suspicion, and anxiety that makes people reluctant to venture from the security of their homes. They f-srgo interacting with their neighbors and using their neighborhood for shopping and recreat'on. In short, their immediate environment becomes a source of threat and fear rather than a source of pride and enjoyment. Research indicates that reactions to this fear produce a variety of behavior changes, some of which are destructive to the maintenance of a sense of community-4 If Wilson and Kellings are correct, fear and isolating coping behaviors tend to reduce even further the community's control over the security of the neighborhood. As law-abiding residents fearfully retreat to their homes, the streets are left to the whims of the hoodlums and thugsi and crime and incivilities increase further. Although community pro-rams appear to have no effect on the incidence of crime, they do influence people's perceptions of the amount of crime in their neighborhood. Fowler and Mangione document a change in the perceptions of Hartford residents concerning the seriousness and incidence of local crime as the direct result of an anti-crime program. The residents were bringing their assessment of the level of crime more in line with its actual incidence, and their fear declined as well. Since behavior is based on perceptions, the residents began to walk on the neighborhood streets, visit the park, and socialize in public places, Furthermore, they reported that the neighborhood was safer and that they enjoyed•an enhanced quality of life. Again, if Wilson and Kelling are right, the increased use of a neighborhood, the heightened sense of personal control, and freedom from fear will in the long run reduce the disorder and crime there. Improved quality of life, then, might not only be a significant benefit of anti-crime programs, but may be the only functional outcome that can be expected from a crime control as compared to a crime prevention program. For purposes of this discussion, therefore, we define success of a community anti-crime program as an enriched quality of life for residents. Further, we define a successful program as one that addresses those neighborhood conditions which reduce perceived quality: fear, little use of the neighborhood, minimal social interaction among residents, and a weak sense of personal control, i This definition of success forces a program designer to consider seriously what characteristics of the community, the police, and the program can be combined to produce an enhanced quality of life for the residents. Each of these three interrelated components is addressed in greater detail below. THE COMMUNITY Since anti-crime programs are voluntary and require widespread popular support and participation, their success depends on three community factors: the social characteristics, the physical design, and the perceived crime problem, page 2 The social characteristics of a neighborhood are divided into those of individual residents and those of the social networks. Feins suggests careful consideration of the residents' characteristics (age mixture, race and ethnicity, household composition, income and education, mix of owners and renters, and turnover). An area populated largely by homeowners, the elderly, and those of high socioeconomic status offers a stable base for program development. In contrast, an area in which most of the residents are renters, young, and from a variety of ethnic backgrounds will probably lack the community ties that would support an anti-crime program. Skogan and Maxfield echo this contention. They found that neighborhoods with high residential turnover and minimal ownership lacked a concern with neighborhood maintenance and recorded higher levels of fear of criminal victimi- zation. Flight of some of the remaining homeowners to the safety of the suburbs only exacerbated an already deteriorating condition. In addition to individual characteristics of the residents, the social networks of the neighborhood determine the ease or difficulty of mounting an anti-crime program. According to Schoenberg and Rosenbaum, two factors account for success in implementation. First, a neighborhood that hL a formal, internal organiza- tional structure that facilitates a communication among residents, identification of neighborhood leaders, and a definition of neighborhood norms and values is in an optimal position to create and maintain a successful program. Normal structures include churches, business organizations, social clubs, and community self-help associations. Second, the members of these structures must be willing to establish a common definition of acceptable public behavior. Such behavior entails use of public areas as well as the behavior of local residents concerning the maintenance of their private property. ?7 In addition to the establishment of common definitions, mechanisms must exist to enforce them. Such mechanisms usually include peer pressure and the selected use of local ordinances. Second, the physical characteristics of the neighborhood must be considered. Again, Schoenberg and Rosenbaum maintain that a viable community must have recognizable boundaries, whether they are physical barriers or just clearly geographic perimeters. A formal name for the neighborhood strengthens the sense of identification and feelings of territoriality. In addition, the physical characteristics of the area must be analyzed to understand where crime occurs (in private dwellings or apartment buildings) and how criminals enter and exit th area. Is most of the housing single family or apartment? If the latter, how many stories high? Is the population densely housed or not? Is there a commercial strip? If so, is it healthy, dying, or abandoned? A successful anti-crime program will create physical barriers where none exist. For example, if significant amounts of crime occur in apartment building hallways because there is no security in the lobbies, the program can instill lights and mirrors, organize the tenants inl•o teams to screen lobby visitors, and provide telephones for lobby watchers to report suspicious persons to the police. If alleyways are known to serve as escape routes for burglars, neighborhood watch groups can be organized across alleys instead of across streets. Finally, the third community factor to consider during the program design phase is the type of crime problem residents perceive. Residential burglary is the major concern of most programs, followed by minor larceny and auto theft. But as Lewis points out,B conditions of social disorder (such as groups of youths loitering on a streetcorner of graffiti-marred buildings) may also influence how safe residents feel. Collective crime activities must deal with issues of public order as well as legal behavior. page 3 I The effort to understand the exact nature of a neighborhood's crime program must draw on information from a variety of sources. In addition to the residents' perceptions, program designers must talk with the police and if possible should gain access to detailed crime reports. Residents' assumptions about crime patterns are often faulty, but most victimization surveys indicate that police records show only about half of the crime events. Additionally, a successful anti-crime program should take the community into consideration because the program must be tailored to the area's needs. Although some community factors are easy to manipulate, such as restricting entrance to an apartment house lobby, there are ways to change more difficult factors such as sense of community boundaries. A report in "Newsweek" 9 cited the activities of a patrol officer in Brooklyn who worked with the residents to clean up vacant lots and stimulate repair of dilapidated properties. The residents took new pride in their community. Successful programs require innovative techniques to mobilize citizens to take an active part in shaping their community destiny. In summary the social and physical characteristics are present to support a program in Southeast Denton. However, a primary concern is the long-term preservation of the existing network so essential to the success of a community based program. THE POLICE Among the many factors controlled by the police that can serve as enhancers or retardants of program success are resource allocation decisions, technical expertise, motivation and rewards, and organizational structure. Resource decisions include the personnel, time, and budget directly allocated to work with citizen anti-crime activities,10 as well as decisions with only indirect implications for them. For instance, limited resources in numerous localities have forced police agencies to reduce overall patrol strength or to reallocate existing patrols to problem areas irrespective of the needs of citizen anti-crime activities. i Since the backbone of any successful program is the police, their lack of complete commitment signals inevitable doom for the program. This does not mean that a department has to allocate all or a majority of its forces to programs attempting to improve the quality of life for residents. It does mean that the agency must view quality of life issues as an important aspect of its mission. Rather than accept the traditional, narrow view of their 1 mandate as enforcers of major sections of the criminal law, the police must expand their mission to include combating incivilities in the neighborhood, such as rowdiness, vandalism, and general disorder. The police must act as a catalyst to win back the neighborhood streets for the residents. Expansion of the traditional police mission has been tried in several cities. The results of these efforts are very promising. In one Brooklyn precinct, a more neighborhood-oriented definition of mission was so well-received in ` the summer of 1984 that the New York Police Department enlarged its COP f (Community Oriented Policing) project to seven more precincts.ll This pilot program reduced community fear and improved neighborhood life by cleaning up the trash and reducing the noise in a neighborhood park, rousting boisterous groups of drunks, and displacing street drug activity. One of the techniques employed by COP is the use of foot patrol allowing officers to learn first-hand about the neighborhood's problems. The COP strategy is a legacy of the Newark Foot Patrol Study, which demonstrated that foot patrol positively affected residents' fearfulness, although it did not reduce the incid!nce of crime, which was the experiment's primary goal.lp page 4 I Police also must have, or be willing to gain, technical expertise in several areas. First, they must know enough about target hardening strategies to make useful recommendations during security surveys of residences (and perhaps businesses), one of the most popular components of many anti-crime programs. This technical expertise issue quickly becomes a resource question if a department lacks the personnel to respond to all requests for surveys. This was a problem for the precincts in the MKDC area. As the program gained acceptance, the police were flooded with requests for surveys. A substantial backlog was created which may have negatively influenced citizens' perceptions of cooperation from the police force. Second, departments must have expertise in organizing and communicating with citizens' groups. These are skills not taught in traditional police academy curricula but are critical to achieving a partnership with residents. One of the more useful services a department can provide is crime report information compiled for the neighborhood area. This requires both statistical and communication skills. The police must also build motivation within their ranks for making community crime control a priority. Individual officers must come to see that local programs require more than standard police-community relations work; they require a fundamental shift from reactive to proactive policing. Further, they require an expansion of the definition of police work to include public disorder and vandalism as problems worth fighting even though such activities do not boost arrest statistics. In addition, officers will develop the motivation to work with citizens if they see such cooperation as benefiting their careers. Work with citizens must parallel the traditional performance criteria of goCd felony arrests, traffic citations, and competent paperwork in decisions regarding promotions and favored assignments. Involvements in this form of police work must be viewed as a rewardable career path and not as a "place to retire" or a "dumping ground" for misfits. For example, the Minneapolis police chief made assignment to the special platoon that conducted crime control and surveillance activities a reward for good performance elsewhere in the department.13 The police organization must also develop themotivation to partner community crime control programs. The motivation may stem from an awareness that both E parties have limited but complementary resources. However, historical hostilities between citizens and a department can blind both sides to their needs for the other. The MKDC project was initiated amid such hostility-l4 Each side perceived the { other as a cause of the spiraling crime rate and neighborhood deterioration. Recognizing the importance of good relations with the police department, the program's developers hired a former police detective as its first director. !le in turn scheduled meetings at the three precincts in the area immediately after the program began. It soon became clear that one barrier to a working partnership was the officers' fears of losing their jobs as citizens began to perform crime control functions. To counteract this, MRDC told the New York Police Department that his volunteers would not tolerate being used to justify cutbacks in police personnel or services, and the organization monitored local deployment patterns to ensure that changes did not occur. i page 5 The way a police organization chooses to structure its community anti-crime effort can increase or decrease the overall program's chances of success. Feins 15 describes the Detroit and San Diego police departments as presenting two models of successful structuring. A new chief of the Detroit department created a 150-officer Crime Prevention Section that reported directly to him. He permanently assigned a large number of staff to offices in targeted areas of the city so their ties to the community would solidify. Even though he incorporated crime prevention and control training into the police academy curriculum, the department gives further training to some officers to make them specialists. In contrast, the San Diego Police Department has decentralized many crime control responsibilities to eight storefront offices with a few permanently assigned community relations staff. Both programs are successful because (1) the chiefs share the philosophy and goals of neighborhood crime control with the residents; (2) crime prevention and control training is given to all new recruits; (3) crime control work is weighed in officer performance and promotion decisions and in Detroit constitutes a distinct career pati,; (4) the officers assigned to the programs have considerable discretior, regarding ways to help a community organize and maintain anti-crime programs; and (5) the departments work cooperatively with, not independently of, the citizen groups. In summary, the police are an integral part of neighborhood anti-crime programs. Police zommitment is manifest in a variety of waye, many requiring some restructuring of attitudes, behaviors, personnel policies or organization diagrams. The research indicates that innovative partnerships with the community aril coat effective and may dramatically affect citizens' evaluations of the threats and benefits of neighborhood living. It ir, time for the police and program designers to realize that this goal should replace tie traditional and unachievable one of crimefree communities. Finally, this transition of philosophy within the Denton Police Department will not be an easy one, but is achievable! ` THE PROGRAM Community Oriented Policing After a series of meetings with neighborhood residents that occurred between April and August and a review of certain statistical data, conclusions were made relevant to crime, perceptions regarding crime, and charactertistics j of the neighborhood that will serve as a basis for many of the program decisions. Additionally, inter-departmental issues were considered in the program formulation process. In summary, the issues are as followat 1 Crime - It is the perception of the neighborhood that a disproportionate amount 4 of crime occurs in the neighborhood compared to other districts of the city. Nowever, our date indicates this is not the case. The neighborhood represents approximately 1/8 of the calls for service which is comparable to other districts with the exception of one district on the southwest side of the city (District 101) which actually generates a greater number of calls for service, Throughout the months of dialogue with neighborhood residents it is my conclusion that what the neighborhood perceives as crime is in many instances acts of public rowdiness that sometimes escalates to criminal violations. Additionally, the neighborhood f perceives there is much crime that goes unreported to the police, therefore, it generates no data for the Department to evaluate (e.g „ narcotics and vice activity). I should add, that the mAfority of Department members do not view these neighborhood perceptions as accurate. page 6 i i 1 i I 1 Responsiveness - The neighborhood residents do not view the Department as being responsive to their perceived needs. Residents expressed feelings that their requests for services were not handled promptly, courteously, and with the same degree of efficiency and effectiveness as other areas of the city. Currently, the only available measurement criteria concerning this perception is response time indices which show no differences in this affected neighborhood when compared to other patrol districts. Neighborhood Characteristics - The neighborhood does exhibit the two character- istics necessary for implementation of a Community Oriented Policing program. Essentially, there does exist an identifiable peeple network and a specific geographic definition. There has been some concern expressed internally regarding the long-term support of an identifiable neighborhood constituency. Interdepartmental Issues - Thlu interdepartmental issues focus on primarily two observations: (1) The data indicates that the affected neighborhood does not constitute the most serious "police" problem when compared to District 107. (2) The Department is not adequately staffed to divert the necessary resources to a Community Oriented Policing program. The first observation when viewed purely in terms of available statistical data is an accurate observation. However, Community Oriented Policing programs are designed to deal as much with community perceptions and impact quality of life issues as they are traditional police concerns. Secondly, to a large degree, they are dependent upon identifiable community support groups for success. District 107, being a primarily transient populated district, at this time simply does not have an identifiable network to facilitate police efforts. Whereas, the Southeast Denton Neighborhood does have such a network. The second issue, inadequate staffing, is one that generates much frustration and hostility within the organization. Quite simply, the majority of the Department's members genuinely feel they have not been given adequate human resources to accomplish their missions, without assuming the additional resource commitment necessary for a Community Oriented Policing program. Likewise, I must add that the Department can only temporarily support such a program with existing resources and that it will necessitate the diversion of existing resources from every segment of the organization at a quarterly coat of approximately $60,000.00. i Therefore, at some point in time we will be forced to decide whether Community Oriented Policing is a project worthy of additional resources and continued funding. page 7 4 f The Specifics The goal of the Community Oriented Policing program is to promote the safety of the community and a feeling of security among tt- citizens through the control of crime, disorder, and the fear of crime by providing service in a fair. honest, prompt, and courteous manner to the satisfaction of the citizens. Specific objectives will be developed mutually by the neighborhood residents and Community Oriented Police team members. Some have already been articulated (see Attachment A). Recognizing that historical attempts within the Department have failed or only marginally succeeded, resources from various units within the Department will be committed to the Community Oriented Policing team. They are as follows: (1) Police Sergeant (1) - A team leader that will direct all team activities, serve as liason with the neighborhood group, develop strategies for success, evaluate effectiveness, ensure beat integrity, and report directly to the Chief of Police. (2) Police Officers (4) - Responsible for the provision of all police services within the affected area, to include improving percept.ons and positively impacting quality of life. (3) Police Detective (1) - Responsible for the investigations of all Part 1 offenses within the affected areas to include investigation, appreheeaion, and prosecution of selected career criminals. (4) Crime Prevention Specialist (2) - Responsible for the scheduled provision of certain services at Martin Luther King Center and the Phoenix Apartments. ` Likewise, to provide Crime Prevention services to residents and team members f upon request. Each team member will receive special training in crisis intervention, de-escalation techniques, minority relations, and the philosophy of Community Oriented Policing programs prior to assignment. This training is necessary to minimize the risks encountered in confrontations they are certain to encounter as a result of a more aggressive enforcement posture. I One objective of the program will be to increase interaction between residents And team members. Attempts will be made to encourage officers to get out of vehicles and walk through affected areas. A pre-program survey (see Attachment e) will be used to further this objective. The survey will be completed by team officers to arcertain resident attitudes and behavior concerning fear of crime, police responsiveness, and unreported vs. reported crime. Additionally, team effectiveness and attitudinal changes will be monitored throughout the program by use of an additional survey (see )ttachment C). This survey will also be used tv compare services with those being received outside the affected area. I page 8 i I I ~ These data should complement official police statistics that detail crime events and pinpoint their occurrences. Reports to the community based on compilation of this Information should be made regularly to keep the program visible and to show (hopefully) its positive impacts. Finally, Requests for Actions (see Attachment D) will be used to positively impact noncriminal requests. Whether a program is initiated by a community group or the police, it will be effective only as long as citizen participation is maintained. People grow bored of constantly being watchful and reporting suspicious activity when they see no appreciable results. The program should also include activities intended to keep the interests and morale of all participants high. These may range from certificates of appreciation to publicly awarded citations, dinners, and holiday parties. In fact, an effort will be made to Initiate the program with a Neighborhood Night Out (see Attachment E). In conclusion, the obstacles are many, some significant. Never the less, I am excited about the opportunities that Community Oriented Policing holds and am convinced we can succeed. i i i r i f l= page 9 1 1. Richard R. Bennett and Sandra Baxter, Preventing Crime or Building a Sense of Efficieng : The Effects of Nei hborhood Crime Control Activities, (Academy of Criminal Justice Sciences, 1984). 2. Floyd J. Fowler and Thomas W. Mangione, Neighborhood Crime, Fear and Social Control A Second Look at the Hartford Project, (U S. Department of Justice, 1982). 3. Wesley G. Skogan and Michael G. Maxfield, Coping with Crime: Individual and Neighborhood Reactions, (Beverly Hills: Sage Publications, 1981). 4. Ibid. 5. James Q. Wilson and George L. Kelling, "Broken Windows," Atlantic Monthly, March 1982, pp. 29-38. 5. Sandra Perlman Schoenberg and Patricia L. Rosenbaum, Neighborhoods that Work• Sources for Viability in the Inner City (New Brunswick, N.J,: Rutgers University Press, 1980). 7. Judith D, Feins, Partnerships foz Neighborhood Crime Prevention, (Washington, D.C.: U.S. Department of Justice, 1983). 8. Dan Lewis, ed., Reactions to Crime (Beverly Hills, Calif.: Sage Publications, 1981). 9. "The 'Blues' Beat Street," Newsweek, January 28, 1985, p. 49. 10. Fowler and Mangione, "Neighborhood Crime." 11. "The 'Blues' Beat Street." I I 12. Police Foundation, The Newark Foot Patrol Experiment (Washington, D.C.: Police Foundation, 1981). 13. Feins, Partnerships. 14. William DeJong and Gsil A. Goolkasian, The Neighborhood Fight Against Crimes f' The Midwood Kings Hf hg waY _Development Corporation (Washington, D.C.s U,S. !I Department of Justice, 1982). t 15. Sees Feins, Partnershi s, and Georgette Bennett, A Safe Place to Lives A Management Manual to Help Communities Pi.. Crime Prevention Programs { (New York: Insurance Information Institute, 1982). i i 'r i I I i Attachment A DENTON POLICE DEPARTMENT Communitu Oriented Policing Goal Identification Sheet Team Leader Sergeant Flemming Dates: December~ to June Target Area Southeast Denton Dire/Shift: -N/A U0431: 1, Reduce major crime throughout the targeted area 2, To promote the safety of the community and feelings of security by controlling crime and disorder in and around Fred Moore Park, the Phoenix Apartments, and Martin Luther King Recreation Center 3. Increase understanding and foster a positive relationship between the police and citizenry by providing service in a fair, honest, prompt, and courteous canner to the satistaction'of the citizens 4. Establish an effective Neighborhood Watch Program i hi I i Attachment B 1. Turning nuw to pn;iro rrnrecrion o.nd pr.bllc snfoty. how earn would you fen! waik!ro Aicne !n th!s reighborhnod et night? Mould yna feel vory Safe •easonAhly safe. <oeowhat ansafe. 4r very unsafe? If 1 vory We 21 1 roasone.h!y safe ' at I somewhat unsafe 11 I very unsafe Itl 1 don't know 7. Are there aon'o parts of Denton where yoit would l!ko to go At night thcl do not because you wnuld not feei safe? Mn NnT READ R!RPOY;E*.1 1f 1 yes, e011'.0 parts IASR NO, 2al If 1 ru MO TO NO. 31 1,3f 1 don't kncw 2a. Mhirh parts of the City are 3. TM tbM pant 12 ~-nrths. hAVe yrna had any e.frect content with the police for Any reason onch as vAiline for assistance. reporting A crime. ur being, stuppen by pn!!ro? fl? Ms. AAX:1 Now many total rentnets did you :v ve with the pollco? 11 1 yes, one riintacl 21 1 yen. two contacts 31 1 yes, three oontnt.ts At I yen. four nr more rontnrtq St 1 no. no rontActs 81 1 don'r roeember Co*monts; i 4. During the past 12 Tenths in Denton. did Anyone steal or use any vehicles belonging to you or to eeebers of your honsehold without permission? Do not include vehicles borrowed by other umbers of the household. 100 NOT READ RISSPONSM It 1 yes. did steel or use (ASft NO. 4a t! b) III ) no .a fGn TO No. 81 SI 1 dMI t know Jr 4@. Now many times did this occur? IDO NO UAD RRSPONSES! if ) one 2( 1 two 31 1 three ? 41 1 four or more SI 1 don't knoll I 1 J T T r 4 t ib, Worm All trrldents repnrt.vi to ;-,P Penton paliro? I!F N0 AS% I How vnnv wore not reported I;'lf1 ~10T PEAR RrSoONS.-.SI It 1 yes II30 TO NO. 51 2f 1 no. one riot reportwi fASK NO, 4r•I 3f 1 no. tvc? not repo^.,-d 41' 1 nc, three rot raporTed S1 1 no. fair- or enrr not rPpor vii At ) dur't Rruw Ior ?0 N'O. 51 sc WA t was ThP *A In reason for nor "orIfyl.ne the po?!Cr? IDo SOT FFAD 4 RFRP01'S5R - Check the response that comes r! nsrst to what t•espordeni sayS.l .%[f I dldn'• wnnt to fo to rourr If ) d!dn't thick it was tapor Wi t rnnugh V I didn't think it would do Any food 41' 1 r.!•!n't want to Eet Inv("vol X51 1 didn't rant to Sit anyhody in troubiP I •6f I Afraid my inaurancr would go up nr he rancPl)rd 71 1 nthrr ($perityl 61 ) don't know, don't resetber--- R to thr, past 12 tonths, did Anyone break In or was thrre strong evidrnce sneetrrr t?-!Pd in hreAk into your humr ar gArage? (DO NOT READ MP14CRER) 11 1 vial, broke in IASit CO. SA 6 b! 21 ) yce. tr!ed to break In 4 V 1 An. neither (GO TO NO. Al df 1 don't knnw - Sa. How r.Any ttTrs did this occur? ISrpak-Ins or Attempted break-!as) (DO NOT REAR RESfN1NER 1 11 1 one 2( 1 two 21 1 threr 1 V 1 four or more SI ) don't know l 6h. Mere all Incident$ reported to the Drnton police? 11? NO. ASNil i Now flare oat reported? 100 NOT READ RESPON11E31 if I yea, all reported 100 TO NO, 61 21 1 nn, one not reported TASK NO. SrI V I no, two not reported 41 1 no, three not reported ■ of 1 no. lone or trove not reported 64 1 don't knom ion TO NO. 6) . r Iv. I!= ANY NO? REPORTED, ASK! Mhnt was :hP mAin rPAaon for rnr no!4fy4nq the pollr.e? 100 NOT RFA:'? PFSPONAES - Check the respnnse that cnePS riasest to what respondent says l if 1 didn't went to to to r,nurt 21 1 didn't think it was Irporrr.nt ev~ir_a 3f 1 didn't think it would du Any Qood %I f d!dn't want to get Involved AI I didn't want to get nrybady In troub!a Ff I of-Aid *y ir!surptnre wa 0d go r.p nr bib Cancelled If 1 nther 81 1 rtnr.'t know, don't rPeember R, To rob menrs to take something from it person by force. feAr, o! by the threat of fnrre. Did anyone rob or try to rob you or n mrmher of your I household In 1be past 12 ronths in Dentnn? IDO NOT READ ASSPONSEs1 'Sf 1 yea IASK Nf1, Fa A b1 1 a f 20 1 rn IGO TO NO. T t3f I don't know " RA. I1F YES. AAKI) Now rany rimes did this ocrur? IDO NOT READ RESPON9!51 f 1 one f 1 twn I 1 three I 1 four or more , I I don't know ob. Were all Incidents reported to rho Denton police? (17 NO. ASK;I Now Iwzny were not reported? MO NOT READ RESPONSES) 11 1 yes, all reported (00 TO 140, TI 21 ) no. one not reported USX NO, Bel 31 1 no. two not reported 41 1 no.? three not reported Sf 1 no. four or Bove not reported of ) don't know (GO TO 11101,11 Be. (lf ANY NOT Nii/ORM. ASXII What was the log In reason for not notifying the polleel fDO NOT READ RERPONSES - Check the response thet Coen C140"t to vkt respondent says.) .r it 1 didtl't weAt to to to Court 21 1 dido't think It NMI Important enough 31 1 didn't think it would do any Band 41 1 didn't want to get Involved St I didn't want to get anytody In trouble of ! afraid my Inenrance world go up or be cancelled 11 ! other IspeCifyl of I don't know. don't remeehnr f I I 7. Cons'derir! trninus phyairal arrarks to include such thJrvs nt h•vingt knifings. 000tinys. rapings• and so forth. In the last 12 lrnnr>m wane yn,r or any merberi of ynur household tirrinusly attacked in Denton) 1:1n "OT 9541 RF:S9nNRF,S) It ) yes WX NO. 7m a h1 2f 1 no Inc TO Sn A) V ) don't know in. (If YrS, ASR,1 How -piny t'*rs did this orrurT fDO NOT PFAI PECP0NrE<1 If 1 one 2f 1 twn M 1 three 4( 1 four or more %,SI 1 don't know 1b. Mere all inc!drnts rrpert•d to the Denton police? fir tin, ASR:1 Now many were rat repn"led? (DO NOT READ REIRPONSBSI ,1i 1 yes, All reported MO 10 No. 81 21 1 r.o. ore rot reported IM 410. 7rl 91 1 no, two not reported " N 1 rn. three not reported " 51 ) no, four, or more not reported " of 1 don't know 100 Tn NO, 81 1c. It? &W NOT REPORTED, ASKil What was rho main reason for not notifying the police? IDO NOT READ PESPONSES - Check the responwe that enxes closest to what respondent says.) It 1 dMelt want to to to court 21 1 didn't think it was laportant enough $1 1 didn't think it would do any good 41 1 dtdM1't want to get involved f nl ) didn't went to let anybody in trouble of 1 afraid ey insurance would to up or be cancelled 71 ) other 16900 011 $I 1 don't know. don't reeeaber s. In the ]&ait walks. f1w anyone vandslited. that is intentionally dAtlaW feast tat. or other property or that of ambers of your houssho]4 t4?, 100 NOT PEAD RESPONRE111I if 1 yea TASK 40, An 1 bl 2f 1 no 100 TO NO. RI V 1 don't know N I Aa. t?F A4;9'1 4ow many tl.res d$d this occur? f00 NOT READ RESPONSESI 1 one I 1 two f 1 three I !our or more I 1 don'! know 8h. W«re ell Incidents repnrh-d to the Denton police? I!F 40. ASXrV How ninny were rot reporter!? INI NOT READ RESPONSE51 It t yrs. ali repnrted (C-0 TO NO. 91 2f 1 no, one rot reported TASK NO, Oct * 1 no. two not reported * 1 no. three not reported ~5, 1 1 nn. fnur a- snre not reported S AI 1 don't know Ica TO NO, 91 Re 1?v ANY NOT RFPORTFD. ASK:I What was the main reason for not .notifying the police? 00 NOT READ RESPONSES. BUT MARK ONE WHICH CONES rCOSEST TO REASON 01VE4 BY RESPON1014T,1 if 1 didn't want to go to court 2f 1 didn't think it was liportRnt enough 01 1 didn't think It would do any good 41 1 didn't want to get involved ' ft( 1 didn't want to get anybody in trouble d( 1 nfraid ey insurance would go up or be cRitcelled 11 1 other (spen,ifyl 81 1 don't know. don't reeesber 9. In the last 12 months, hart anyone committed any other crimes against you or any eeoeber of ynor household in Denton. such its stenltng a bicycle. or sosethlne from your car like hubcaps of packages. or sosethine from your yard, or given you a bed check? (DO NOT READ RESPONSESI It 1 yes.' (ASK NO. ea-cl 21 1 no 10o TO W 101 !!!I 31 1 don't know i 9a. 11 Ytili,A=il 1Mlett were these criree? Ob, Who We the tots! "usher of crimes committed? (00 NOT READ RESPONSESI 1 If 1 one 21 1 two .1I 1 threw 41 1 four bf ) five Of 1 six 71 1 seven of I eight 01 1 nine or more fepecily:l, r _ r.-. 14 I r 9 r . . Mere a :nr'derls reported to the DNn'nr nn'tre? lid NO, Aqw l yrw r:Iny wPre not repnrted? f110 NOT ReAR Rc%Pf1N5=S1 ?1 1 yes. Ali reported (00 TO NO, .nt 21 1 no. Ono not ropnrted fm No. 9d1 f I nn, two not reported { of t -,t. three not reported fl S4 1 no. faun or Tore not trpu:tei Af 1 don't know (GO 70 90. In1 4,i. 91F ANY NOT REPnRTED. ASK,I MfiAt wa% the main reAson for not notifyi%e the f00 NOT READ 9ESPONSES - Chock the responsP that Comes rlosest to what t'tr respondent says.I tit 1 didn't w4r.t to Co to court •21 1 didn't think it was important Pnolugh M 31 1 didn't th'rk it wnu?d do any good 41 1 didn't want to get involved 51 1 didn't want to get Anybody in trnnble tAf 1 afraid my insuennre would go up or be cattretlyd TI 1 other Al 1 enn't krow. don't retembvr (that is. ropnrted and number of tiTo-,t 9x. thP Coder sam Inserts police questions. InrMortsdforsallc d f-91 ' Of I no cnfres If I one rrlle 21 1 two crises 31 1 three Crises V 1 four crimes At 1 five CntT.es AI 1 six crires tl 1 seven crises At 1 eight Crites 91 I nine or sore crimes py. Coder Inserts total number of unreported incidents, flora If all are repnrtsdl ' Of 1 no Unreported u'Imes fall reportedl it ) ow unreported crime 21 1 "a Unreported crimes 31 1 thm unreported cones df 1 four unreported trines M I five unrPported crises Af 1 six unreported crimes It I seven Unreported W.-too I At I eight unreported crlees ' 91 1 nine or more unreported crioo e i 4 i ;p D!d ynu rere!ve An.y traffic tickets foe It vov4ng vinla tInn to Dratnn during the past t2 moths! IDO NnT READ ycSPONSES1 11 1 yes 21 1 no 31 1 not a driver V 1 don't know Mt In your porsnnal experiettre, wnnlAi you say the rninrrwront of trnfrtr laws against !raving vehicles in the CJty Is gerera?3y tan et"ir,t, oenerally not str!rt rnnugh. Mhout what It Ahould be, or is it inronststent? r !I f generally too strict 21 1 generally not itrict •nmigh A( 1 about right At 1 inconsistent. Af I don't kro+w A 111, ,n ynu^ persnnal experience over the pant 12 eonths, do ynu think the herina Police were generally faJr in their handllog of penplo? (DO NOT PIAD FASPONSESI ti ,1f 1 yes 21 1 nn I 31 1 don't know 12. your personal esporlenre over the wltk peopl Denton e?, If* Pn11ce were generally enurtsous In their deali NOT READ REWNSTS1 11 } yes 21 1 no 31 1 don't know 4 13. Din you think th• amount of police patrolling to your neighborhnod to too much, about right, or is not enough? J It ) too•jouch j * I about right 31 1 not enough 41 1 don't know 14, On the whole would fa say the service provided to you anti your household by the Dentate hlics over the post it months was excellent. good, fair. or pawl M 1 t 1 priellent Zi 1 goM j 31 1 fair V 1 poor of 1 don't know i I - i m;^t. rocr. r+' ! t ;ten" in the pas: o^xnra';v appear in a r P .5 12dmnnt*.s aR a w<+rr•ao, rompialnar.t, j:irnt' or for n^.y n.brr reason other than ax a Aprrintnr? TASK 40 +5a) II 1 yes 21 1 no If I don't knew (!F +rcl Used on your persona! rxpertencr, wni:'d Vol: rvit t^r pe-furmanre no, '^r 1:n11rt RyRIee as very tar!s!Nrto.^y, moderately satisfactory. or not satisfactory at all? ]f 1 very satisfactory 21 1 vodncate'.y snt!s!nctnry IASK NO. 1Sb) .11 not satlsfaCtnry t 41 I dnr.' t 4nnw lAb, ~N!iat was the •►jn^ p^oblrtm? IDO NOT READ RESPONSES. BUT 1!APX OSE %VH!CR Cons CCOSzST T4 REASAN OIVE!f BY WPONMST.) t1 ! lrr.nrven!ent 21 1 Sark of W mess V 1 amount of t!af ^rquirod 41 ) not Courteous S1 1 of", - - Al ) don't know i 1 l 4 Attachment,c 1!r I Denton Police Department _ 221 N. ELM DENTON, TEXAS 76201 It is the purpose of the Denton Police Department to serve the citizens and visitors of Denton. Periodically, is like to survey a select group of people to see how we are doing. According to oar records, you may have had the opportunity to come in contact with us. Va would like you to complete the survey on the back of this letter and let us know what your impressions were. please answer the questions and sail it in the enclosed envelope. No postage is necessary. Favorable comments are welcome, but don't be afraid to let us know if you think ve failed to provide you with the high degree of service you deserve. Thank you for helping us serve you better. i 0incenly, ~ Michael V. Jet Chief of Police City of Denton FIVJ/sl enclosure F 017) 500.0101 METRO 34,2820 (01~(56 0101 METR043.2520 ,Ui.l~c ,~i r,l llr, l1UGJ11VnnHlxC Race Sex Age CIRCLE YOUR ANSWER TO THE QUESTIONS IF YOU WERE THE PERSON WHO CALLED THE POLICE, ANSWER THE FOLLOWING: Area Did you contact the Police through 9-1-12 YES NO How would you rate the operator's courtesy?...............SUPERIOR GOOD AVERAGE FAIN POOR Did you contact the Police by directly dialing the Police Department (566-8181)6.144.0.6YES NO How would you rate the operator's courtesy?.s .............SUPERIOR GOOD AVERAGE FAIR POOR IF YOU HAD THE OCCASION TO OBSERVE OR COME INTO CONTACT WITH THE OFFICERS WHO CARE TO THE SCENE, ANSWER ThE FOLLOW1NGt Rate the officers on the amount of time it took them to arrive...SUPERIOR GOOD AVERAGE FAIR POOR Rate the officers' courtesy s ............................SUPERIOR GOOD AVERAGE FAIR POOR j Rate the officers' helfulness........ s ...........................SUPERIOR GOOD AVERAGE FAIR POOR Rate the officers' appearance, s .............ss...........s..SUPERIOR GOOD AVERAGE FAIR POOR HOW WOULD YOU RATE THE DEPARTMENT ON THE SERVICE RENDERED ON THIS OCCASION? SUPERIOR GOOD AVERAGE FAIR POOR i OVERALL, HOW WOULD YOU RATE THE DENTON POLICE DEPARTMENT? .............SUPERIOR GOOD AVERAGE FAIR POOR Have you had prior occasions to request service from the Denton Police Departnent?.s,.,..,..,,YES NO Have you ever been a victim of crime in Denton and did not file a report with the Police Department? YES NO What do you feel the Police Department should be concerned with What are your concerns over safety and security in the City of Denton (I1 should be the most important) within your neighborhood? 1, 1. 1 2s 2. 3. If you would allow a Police supervisor to contact you for further information, please complete the following: Name: Telepone Number: Please write any comments or suggestions in the remaining space, Use another piece of paper if needed. . !I F s i N Attachment D FOR OFFICE USE I DATE/TIME TAKEN: ORIGINATING ULPAR24ENT: TAM BY. FOILI QK-UP CDATE kUME FIOPM-MT: DATE SWF NO I crrror oaNroN, rexAa I REUtIEST FOR ACTION I ~ a RECEIVED FROM: PHONES AlkoliSS: v NATURE OF a114Ua 14 C " LOCATION: en Q '9.1w ACC ION ~'t ~i ►vi to „ REFI~IRh'D TO: ACTION DEPARIMFMt N S CUPIES TO: ACTION w TAKEN: { 440 I aAtHl ~ .INMv - u DOSING DEPARTMENT- DATE CEASED: SIGNATURE: CITIZEN OONTACCED?.W. ~ i i i 'r r .~l E: 12/13/86 C11'Y COUNCIL KEPUx'1' FU1utA'T U TU: Mayor and Members of the City Council FKUM: Lloyd Y. Harrell, City Manager SUBJECT: U1SCUiSTON OF THE CERTIFIED LOCAL GOVkANMtN'T' YKOGRAM KECUMMENUAYTUN: The Historic Landmark Commission recommended a; roval at their meeting of March 14, 1988 SUMMARY1 rho Certified Local Goverument (CL,) status will allow the City to ;pply for a matching grant program administered by the Texas Historical Commission. The grants available may be used for pro- jects which will produce tangible results and further local and state goals of historic preservation, such as the identification, evaluation, designation, and protection of the locality's histo- ric cultural resources. Such activities include technical or professional assistance for the preservation program of a local government, completion or update of the survey and inventory of local. historic resources, nomination of p-operties to the National Register, the development or update of a historic preservation plan, and educational endeavors, programs, and publications. HACKUF.UUND: These grants are funded through the annual allocation of the Historic Preservation Fund (HPF) awarded to the Texas Historical Commission from the National Park Service of the U.S. Department j of the interior. A minimum of ten percent of the annual HPF Allocation. is set aside fur distribution to Certified Local Governments. Currently there are nine Texas cities with certified local government status. The cities are Abilene, beaumo.A , Dallas, Corpus Christi, hl Paso, Ft. Worth, Lubbock, Georgetown, and Nacogdoches, h I PROGRAFty, DEPARTHENI'S OK GRUUPS AFTECAUS The Planning and Development Department will administer any future project and manage any grant funds received. I I 1 r 4 City Council Page 2 FISCAL IMPACT: k There is no fiscal impact in making the request for CL(;. Future Il grants may require cash contributions to meet the city's match, but in-kind contributions do count toward the match. I kesp ully ubm d: city Maaager I 4Plaug d by: to V. Harrell J E th Evans Administrator App o ed: Frank H. Robb E:cecutive Director for Planning and Development 1603s f! I t } G 1 i s I i r N I i HLL y,inutes March 14, 1988 Page 4 Mr. Hayes stated that if this ordinan f ce Will apply to multi• ami ly zoning, then another one needs to be prepared for single family and two family zoning, Ifl Mr_ Lowry stated that this ordinance will be a good start. ` A supplement can be added later. I Mr. Hayes seconded the motion to remove paragraph 700 (b). Motion carried unanimously (S-0). lY. Discussion of Certified Local Government Program Ms. Evans stated that only eight cities in Texas are certified to her knowledge. Mr. Miller asked what being certified means. Ms. Evans answered that it makes a government agency eligible to compete for funds. Mr. Lowry stated that the State Historical Ca mm issfon receives 6400,000 per year and the cities may compete for 10 percent of Ms. that, pp toricelnmarkers, surveys, etc. Then StateptomulssfoRris mot required to award the money, however. The City of Denton already has many of the necessary items for application. Each of the Commissioners w111 also be required to send In a resume identifying their Interest In preservation. Members of the Commission must represent various backgrounds. If not, the Commission may have to work with consultants In the areas where they lack experti:;e. Mr. Lowry pointed out that the Commission does not We an archaeologist. Mr. Robbins suggested changing the city's ordinance for t r. Hlstorlc Landmark Commission to match the requirements of the Certified Local Government Program. Mr. Lowry stated that the city's ordinance is certified by the Department of the Interior. The office is now vacant and the city would not be able to get recertified if the existing ordinance Is asanaed. Ms. Evans asked if the Commission can sop demolitions for up to 60 days, Mr. Lowry said yes. Ms. Evans stated that 1s one requirement of the program, A preservation officer can be appointed by the city, Mr. Cochran pointed out that outside experts would only be necessary when considering application for the National Register, Mr. Lowry stated that the main thing funding is needed for is a survey of the historic properties in Denton. Mr, Cochran stated that it would be in advantage to link with the Texas Historical Commission; and, if money for preservation is available, then it is worth the effort to apply for certification. Mr. Hayes pointed out that the application requires the Commission to consist of representatives of ethnic groups in the community, i f HLC Minutes March 11, 1988 Page S Mr. Cochran stated that people from other ethnic groups have been asked to serve on the Commission !n the past and have declined. If the Commission demonstrates an intent to comply with this provision and complies fully with other provisions there should not be a problem. The Council can be made aware that the provision for ethnic representatives needs to be met in order to obtain monies for preservation. However, the first requirement for a potential member is a genuine dedication to preservation. Mr. Lowry stated that the City does not have an extremely large amount of ethnic diversity. It is therefore difficult to find people who are willing to serve on the Commission with the necessary background as well as representing an ethnic group. He moved that the Commission request the City Council to apply for Certified Government Status ■nd that a letter be prepared for the Council stating that certification will allow the city to apply for matching funds and will be of benefit and yet there will be little expense to the ccmtunitN'. Mr. Robbins left the meeting. Mr. Hayes stated that if the Commission recommends this course of action, then the City Council will only send it back to the Commission to be processed. More direction is needed to speed up the process. Ms. Evans stated that the deadline is June I of each year. hr. Hayes stated that the Cotolssfon should request permission to apply for certification. Mr. Lorry withdrew his motion. Ms. Evans stated that staff cou1J write a letter to the City Manager outlining the program and informing him of the Con, mission's intent to apply. The Manager can then inform the City Council. Mr. Lowry stated that a historic officer will need to be designated. He wondered whether the position would be beyond the duties of a volunteer. Mr. Cochran said that it would probably not be a full time job, ` Ms. Evans stated that she could find out how other titles have handled the position. Mr. Hayes asked if there is an application fee. Ms. Evans said that she has not finished reviewing the applica- tion. She stated that a resolution can be drawn up directing the Commission to apply for certification. the Managger or Mayor u n sign the resolution if there are no objections. Mr. Cochran asked how long the Certified Government Status program has been in existence. Mr. Hayes said since 1y66. Mr. Lowry stated that when the chairmen of county historical commissions that had won the distinguished service award met recently, this program was discussed. Only two of the chair- men seemed Interested. Representatives from Tarrant, Dallas, and Jefferson counties were present. It may be that the lack of interest was due to the fact that some county commissions weren't necessarily involved with the cities. Mr. killer toyed that the City Manager and Council be informed of the Commission's intent to apply for Certified Government Status and that a resolution be drawn up authorizing the application. Seconded by Ms. Lapuey and unanimously carried T I 1 Minutes Historic Landmark Commission ` May b, 1988 I The regular meeting of the Historic Land,-„k Commission of the City fl of Denton, Texas was held on May 9, 19b'i at 5:00 p.m. in the Civil II Defense Room of the municipal i'uilding. f Present: Mike Cochran, Catherine Conrady, Richard Hayes, Tom Miller { and Janet Shelton Absent: William Barker, Gaylen Fickey, kllliam Hansbury, Sandra LaCuey and F,-ilitt Lowry Present from Staffs Frank Robbins, Executive Director for Planning and Development; Elizabeth Evans, Planning Administrator; and Glivis Carson, Secretary I Cluirman Mike Cochran called the meeting to order. II 1. Minutes A. Consider approval of minutes of special called meeting of February 29, 1988. Mr. Miller stated that the actual wording that the Commission decided on, for the plaque, was: "Dedicated to the Memory of kertin Luther Ring, Jr. And to realizing here His dream of community". Mr. Cochran stated that in the future, it would be worth- while to have an advocate accompany any suggestions that { are passed on to other committees in order to explain and I` defend the Conmission's suggestions. f It was moved by Ms. Conraly to approve the minutes of the special called reeting of February 29, 1386, as corrected, Seconded by Mr. Hayes and unanimously carried (5-0). B. Consider approval of mina+es of regular meeting of March 14, 1988. It was moved by Mr. Miller to approve the minutes of the reQplarmeeting of March 14, 1988. Seconded by Mr. Hayes and unanimously carried (S-O). C. Consider approval of minutes of special called meeting of March 28, 1968. It was moved by Mr. Hayes to approve the minutes of the special celled meeting of March 2b, 198b. Seconded by Ms. Shelton and unanimous) carried (S-0). 11. Discussion of the Certified Local Government Program. Ms. Sheltta moved to remove the discussion of the Certified Local Government Proggram from the table. Seconded by Ms. Conrady and unanimously carried (S-0). Ms. Evans stated that she talked with the program's admini- strative office regarding the requirement for the position of an historic officer. They stated that they preferred that the officer be a staff member of the City. No historic experience is required to occupy the position, but when technical support Is needed someone with expertise in the historic area ray need to be consulted. I HLC Minutes May 9, 1988 Page 2 Nit. Cochran stated that the program seems to be a good one, that he is interested in learning more about it, and that he thinks Ms. Evans is a reasonable choice for the position of historic officer. Ms. Evans stated that in order to qualify for the program the Commission will need a system Eor Inventory and surveying of historic properties. The inventory and survey are not actually necessary to qualify, just the system set up to accomplish them. Funding awarded from the program can be used to complete the survey. additional epreservation. the Some commissioners citles are using their tunds for surveys and applications to the National Register. Georgetown has used theirs to make slide programs and both Georgetown and Beaumont have prepared bro- chures for tourists. The projects need hatching funds from each city. Funding for the program is distributed on a com- petition basis. lexas cities currently certified by the pro- gram include Beaumont, Georgetown, Abilene, Dallas, El Paso, Fort North, Lubbock and Nacogdoches. Mr. Cochran asked how many applicants are turned down. Ms. Evans said that she did not know. Mr. Cochran asked if membership in the Historic Landmark Commission foc a period of time would qualify as an Interest in preservation. Ms. Evans said probably. Mr. Cochran suggested that the Commission consider apraiatment of Ms. Evans as historic officer at the next meeting. It was moved by Ms. Conrsdy to table the discussion of the Certified Local Government Program until the next meeting. Seconded by Mr. Hayes and unanimously carried (S-0). III. Consider street name change for Highview Circle and Highview Court. Ms. Evans stated that the similarity in names between Highvlew Circle and Highvlew Court Aas created a problem with deliveries, police and fire protection, etc. Mr. Cochran asked how much it costs the City to change the f street names. 4 Ms. Evans answered about $100.00 for new signs. Mr. Cochran asked if this would set a precedent for changing other streets that have courts. It is a common practice to name a street and court similarly. Mr. Robbins stated that it is a common practice but a very bad i idea which creates problems. Hr. Hayes asked if the procedure was to send notices to residents. Ms. Evans said yes. Ms. Conrndy moved to send letters to the residents of Highvlew Court notifying them that a name change has been proposed and asking for their suggestions and/or attendance at a meeting to discuss the change. Mr. Cochran asked how many houses are on Itdghview Court. Ms. Shelton said about ten, and half of those are fo, sale. .C Minutes July 11, 1988 Page 7 Mr. lowry said that they probably do have to collect sales tax. He proposed exempting them from the tax if it applies. Mr. Morris stated that they cannot be exempted from state tax but that he would look at the local option. Mr. Miller suggested limiting the number of adults that could stay at one time to six. Mr. Robbins said that would involve defining adults. Ms. Abbott suggested eight people. Mr. Lowry moved that Section D.4. be amended to allow no more than eight people and that a section be added providing that length of stays be no longer than 14 consecutive days in any 90 day period. Seconded by Mr. Miller. Ms. Abbott stated that the ordinance should speulfy no more than 14 days in the house so that people wouldn't move from room to room. Mr. Hayes asked ho,4 people will know about the bed and breakfasts 1f no signs are allowed. Mr. Miller said that there are bed and breakfast registries, referral services, and other wethods of advertising that can be used. Mr. Hayes asked about having a sign attached to the building. Mr. Lowry amended his motion to allow a single sign to'be - sttached to the building in section D.6. Ms. Conrody stated that a sign would help when people come in late at night and are looking around. She seconded the amend- ment and it was carried unanlmously (7.0)• Vote on origina: motion with amendment was called and carried unanimously (7-0). I V. Discussion of Certified Local Government Program I Ms. Evans stated that the Certified Local Government Program is a preservation pro ram that allows local governments to enforce protection po~icles, develop survey systems, and recommend properties for the l:atlonal Register. Money Is avallable through the program to carry out these objectives. Fiscal year 1988 had ;50,000 in matching funds available. The funds c.ime from the National Park Service. The state repre- sentative for the program Is Dwayne Jones. Prior to joining this program the Commission must develop a system for doing a survey and the Commissioners must develop resumes showing their interest in historic preservation. Application can be made at any time and there is a 60 day review period. Mr. Cochran asked what local governments are certified to do. Ms. Evans stated that their interest in historic preservation is acknowled ed and they can compete for monies to do preserve- vation activities. Mr. Hansbury stated that, in his experience, when the govern- ment certifies something there is less paperwork involved at the next step. If the local government wanted somethi„; else, they would not have to justify it as much after they became certified. ! r HLC Minutes July 11, 1968 Page 4 Ms. Evans stated that most titles have used the program's money complete surveys, purchase software, and do printing. Georgetown developed a driving tour brochure and El Paso has a low income historic district with adobe houses, ` Ms. Shelton asked if matching the funds would be a problem. II Ms. Evans slid it could be. She said the funds could come from donations or other ways, Mr. Cochran asked about using part of the Main Street funds. He thanked Mr. Lowry and Ms. Evans for bringing the program to the attention of the Commission, VI. Election of Chairperson and Vice-Chairperson The chair opened the floor for nominations for chairperson. Mr. Cochran nominated Mr. Lowry as chairman. Seconded by Mr. Hayes. Mr. Lowry declined the nomination and nominated Mr. Cochran as chairman, Seconded by Mr. Hayes. Mr. Lowry moved that nominations cease. Seconded by Mr. Hayes and unanimously carried (7-0). Mr. Cochran was elected chairperson by acclamation. The chair opened the floor for nominations for vice- chairperson, Mr. Coogan nominated Mr. Miller. Seconded by Mr. Hayes. Mr. Miller asked that his nomination be withdrawn and Mr. Cochran withdrew it. 1 Mr. Miller nominated Ms, Shelton as vice-chairperson pointing f out the fine job she did on the bed and breakfast ordinance. Mr. Hayes seconded the nomination and moved that nominations cease. Motion to cease nominations was seconded by Mr. Lowry j and unanimously carried (7.0). Ms. Shelton was elected vice-chairperson by acclamation, a VII. New Business Ms. Evans informed the Commission that there will be a work- shop on historic preservation in Gainesville on July 22, 1988. She said that people from the Main Street committee will be attending and that she will try to obtain a van to carpool. ` It was moved by Mr. Hayes to adjourn the meeting at 6:15 p.m. Seconded by Mr. Lowry and unanimously carried 0 0). i I j ► N I i HLC Minutes August 8, 1988 Page 4 Ms. Shelton asked if there is a possibility of using money from the Certified Local Government Program for the project. bis. Evans_ said yes. IV. Review resume format for Certified Local Government Program Ms. Evans stated that Dwayne Jones of the State Historical Commission will be in Fort Worth on September 12, 1988, and would like to come up and speak to the Commission. He will not be able to arrive before 6:30 so the Commission will need to meet at a later hour if they want to hear him. Ms. Abbott suggested changing the meeting time to 6 p.m. Ms. Evans said that she has prepared a basic outline resume for the Commission to consider. If completed resumes are done by the next meeting, Mr. Jones will be able to review them and make suggestions. I Mr. Cochran said that he would like a topic heading of "Demonstrated Historical Interests". Ms. Abbott said that she does not think that marital status and date of birth are relevant to the resume. Mr. Hayes questioned the need to list occupations. Ms. Evans stated that the key point waa to show interest and involvement in historic preservation. It Right be nice to list the Commissioners' occupations as a matter of reference. Mr. Hayes suggested that the topic heading of "Demonstrated I Historical Interests" be just "Historic Interests" He said I that other things might apply to the development of such I interests, for example, serving on the Planning and Zoning Commission. Ms. Evans said that living in a historic house would be another way. Mr. Cochran pointed out that the Commissioners should display their various talents as concisely as possible. Some of the topics on the sample sheet may not apply to every Commissioner and do not have to be answered. The sample is meant only to serve as a guide. Ms. Shelton asked when the resumes should be turned in. Ms. Evans said that she would like them prior to the neat meeting. Mr. Jones has expressed a desire for Denton to apply for the Certified Local Government Program in a timely fashion. j Ms. Shelton said that the Commissioners should be reminded before the aaeting that the resumes are due. Mr. Hayes stated that it might be a good idea to include the date of birth in the resume to show that the Commission is not representative of just one age group. V. Discussion of future agenda items A. Mr. Cochran said that he thinks the Commission should prepare a how-to pamphlet for applicants who want historical markets. Mr. Morris returned to the meeting. HLC Minutes September 12, 1988 Page 3 Mr. Hayes stated that being two-way would slow the traffic down and make it safer and more convenient for the residents.• Mr. Cochran said that repaving alone would increase the speed of traffic on the street. Ms. Abbott stated that increasing traffic will be a detriment to the district. Cutting down trees will not be an Improve- ment. The property values and quality of life in the district _ will be adversely affected. Roll call vote: Ms. Abbott - aye Mr. Barker - aye Mr. Cochran - aye Ms. Conrady - aye Mr. Fickey - aye Mr. Hayes - aye Mr. Lowry - aye Mr. Stiller - aye Ms. Shelton - aye Motion carried unanimously (9.0). Mr. Hayes asked if the Commission could be advised of anything affecting the historic district. Mr. Cochran said that the Commission should also be advised of impending demolitions. He said that he had heard that the Charber of iCommerce is Thee Issuenwilloalsokbetreet because it addressed by the Denton Historical Society, Denton County Historical Commission, and Beautification Task Force agendas. 11, Minutes Ms. Abbott stated that page 3, paragraph 10 should read " ..theggMain Building at TNU is worth noting". She said maytbeaboughtpbya t. Davidi'suChurchdandhmights Scripture scheduledfe for eventual demolition. In the past, Grace Temple wanted to buy the house on the northeast corner of Fulton, Oak, and Gregg with the idea..." She also said that gage 6, para- grapph 1 should read "Ms, Abbott speculated tAat the church ■Ight reasonably plan tr eventually build a sanctuary..." i Mr. Miller stated that pale 6, paragraph 2 should read ; 11 ..the fraternity wouldn t remove the second floor room from the porch because..." Ms. Conrady stated that page 6, paragraph 15 should read "The Commission needs an ordppinanggce controlling demolitions". districtssshouIdabepareas thatainsptrelpride,dnotamediocrity". It was moved by Mr. Hayes and seconded by Ms. Shelton to approve the minutes of August 8, 1988, as corrected. Motion carried unanimously (9.0). _ Texas Program Historical h III. Dwayne s Jones, Preservation Local Planner, Government Commission Mr. .tones stated that the Certified Local Government Program was created by the Park Service to help states fund preserva- bebegan certlfied. Corpus In Ch1985. risti is Beaumont tion theactivities. townTexas latest. Every state has options about e creation of its pro ram. Texas has now made counties eligihle for certifi- cation. The State office must pass on 10 percent of the V 3 f I HLC Minut s September 12, 1986 Page 4 historic preservation funds it receives from the Parks Service. Cities or counties that have become certified compete for that money. To date, every certified local government has received what they requested. This year the money totaled $52,000. Next year $60,0001 1 expected. The money is to be spent on historic preservation projects and it also means that Commissioners and staff can go to conferences and educational programs. Mr. Miller asked the original source of the funds. Mr. Jones stated that the funds are derived from the Office of the Interior. Most of their revenue comes from an off-shore drilling tax, not from main stream tax dollars. Ms. Shelton asked where the other 90 percent of the funds go. Mr. Jones said for state projects. Mr. Cochran asked what has been the maximum amount given to a certified local government. ` Mr. Jones stated that Fort Worth has received J,SO,000 in t the last two years. Applications for funds must be made each year. The funds must be matched. Fort Worth received i more because other cities were not competing. I` Mr. Cochran asked if the money could be used for controversial issues involving preservation. Hr. Jones said it could. In the past, using it for actual construction was banned. The ban has been lifted, but the money is encouraged for use In publicity and preservation education. Mr. Lowry asked if any government entity has experienced problems because of the certification. Mr. Jones said that the only negative comments he has heard were because there is more paperwork. The Texas Historical Commission has to receive : copy of minutes and there is paperwork involved with the applications. The Texas j Historical Commission functions as helper and advisor. Mr. Cochran asked for an example of an application that has been turned down. Mr. Jones stated that there have been no rejections at this point. The State Commission likes to see the money spent on public education and the building up of inventory. There will more likely be rejections as more governments enter the competition. Assistance to groups not directly associated wlt the Historic Commission is likely to be an area of rejec- tion at that time. Mr. Jones sail that Nacogdoches developed ` markers for their project. r Ms. Evans asked if the Texas Historical Commission requires a survey of historic designations or a method of survey for the application. Mr. Jones said that they want the City to have a handle on Its historic properties and information about them. Mr. Miller stated that the Commission has discussed putting out a brochure. Would that qualify for funding, i Mr. Jones said yes. Mr, Miller asked if the matching funds have to come from the City. ~I` HI.C Minutes September 12, 1968 Page 5 Mr. Jones sold no and that the match isn't always dollar for dollar. City staff and Commissioner time can be documented and used as a match. Mr. Jones stated that the State is interested in seeing Denton apply for certification and that there is no deadline for applying. Ms. Evans stated that it will take at least another meeting of the Commission to complete preparations. A preservation officer must be designated. Mr. Jones stated that all members of the Commission must have a designated interest in historic preservation. He said that resumes interest. The rejected d Hithat do storical o Commission demonstrate reviews histor- ical the application for 60 days and then sends it to the Park Service. They review it for 15 days. The deadline for grants this year is December 1. A qGuarterlynewsletter is published and there of this ncommission Eis drequestedvto nattend. Thenconferenceber will probably be in Austin in April. Alegal lsnetwork that being updates legal issues involving preservation developed. Mr. Cochran thanked Mr. Jones for coming to the meeting. Ms. Evens stated that reservation officered Council aete and appoint p lication. may be needed for the p the app Mr. Lowry moved to appoint Elizabeth Evans as historic preservation officer. Seconded by Ms. Abbott and unani- mously carried (9-0). IV. Review Commissioner aresumes for the Certified Local Government Program Mr. Evans asked if the Commissioners belong individually to the Historic Trust. the Mr. Cothran said individual members th Commissionasagroup belongs t o the Historic Trust. Mr. Lowry said that the City may wish to get the Medallion for all members individually. i Fir. Jones stated that if used appropriatel , the Certified Local Government Program gives status to t e Commission. I Mr. Lowry moved that application to the pprogram be made with as much speed as possible. Seconded by Ms. Abbott and unani- mously carried (9-0). grant Mr. Jones stated that the Commisslon cin apply for grant at the same time as they make applicaton to the program for certification. i V. Consider draft of the Oak-Hickory Historic District Regulations j Mr. Lowry moved tha item be tabled until the next meeting. Seconded by Ms. Abbt ott and unanimously carried (9-0). VI. Receive a report from the Brochure sub-committee - Secondedyby Msa Atha bbotttandbunanimouslyturriedn(9p)eeting. VII. Consider Sherwin Williams' offer of a discount to owners of historic designated properties SecondedybyoMs. Abbotttandbunanimousiytcerriedn(gt0seeting. 3 { 1 r [fit 1111111 all f ii CITY OF DENTON CITY COUNCIL MINUTES f / NOVEMBER It 1988 ~G The Council convened into the Work Session at 5:30 p.m. in the Civil Defense Room. ins; PRESENT: MMayor Stephenst Mayor embers Alexander, Ayer,Gorton and pMcAdamsCouncil ABSENT: Council Member Boyd The mayor recognized the attendance of the Leadership Denton group at the meeting. 1. The council received an update on the COG Economic Study for the Denton Municipal Airport and the C.O. Debt Retirement for the Denton Municipal Airport. Rick Svehla, Deputy City Manager, reviewed the COG study regarding counts at the airport and the time table involved with the counts. He presented an update on the C.O. Issues and Bonds stating that the southeast corner was almost completed, the ruof had been repaired on the terminal, a tractor/mower had been purchased, and a drainage project had been completed. Council Member Ayer stated that he felt that the numbers from COG were not really helpful. The numbers needed to be divided out from recreational planes versus commercial planes. Council Member Boyd joined the meeting. 2. The Council held a discussion regarding the proposed revisions to Article 17, Signs, of Appendix B, of the Code of Ordinances. Lloyd Harrell, City Manag'+r, stated that this was a recommendation from the Beau Afication Committee to take a comprehensive look at the sign ordinance and made a recommendation. The Planninc and Zoning Commission had been discussion the ordinance for the last several months. Cecile Carson, Urban Planner, presented a perspective of what was current, what was proposed and examples of such. She stated that the main objective was to address the portable sign issue and gave examples of problems with portable signs. The Committee was recommending a total ban of new portable signe with no additional signs allowed. Carson stated that staff wan recommending that the moratorium ordinance be extended until f the second meeting in January. t Council held a discussion regarding signs in residential areas, ! abandoned signs, banners/flags and political signs. 3. The Council received a report from the Council's legislative lobbying committee. t ` T City of Denton City Council Minutes November 19 1988 Page 2 Council Member Gorton reviewed the thrust of the Committee and the selection process for the candidates. He gave his personal recommendation for the hiring of a particular can9ieate. Mayor Stephens asked if the Council would like to interview the top two candidates. Consensus of the Council was to interview the top two candidates at the next Council meeting. 4. The Council convened into Executive Session to discuss )egal matters (discussed County v. City and retention of counsel and in re: Flow Hospital), real estate (considered acquiring an easement for the Burning Tree Drainage Project), and personnel and board appointments (considered nominations for the Appraisal Review Board of the Denton Central Appraisal District and continued the eval;,ation of the City Manager, City Attorney and Municipal judge.) No official action was taken. The Council then convened into the Regular Session at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Stephens; Mayor Pro Tem Hopkins; Council Members Alexander, Ayer, Boyd, Gorton and McAdams. ABSENT: None The Mayor presented the following proclamations: A. Certificate of Appreciation to Clifford Delaporte from the Denton Fire Department B. National Pornographic Awareness Week i Item 4.A. was moved ahead in the agenda order. 4. Resolutions A. The Council consider approval of a resolution temporarily closing a portion of Hickory Street and Elm Street on November 16, 1988. Derv Hudgens, local Chairman of the Denton County Unit of the American Cancer Society, request:d that the street be closed for the Great American Smokeout. Remax Realty would be raising a hot air balloon for the event and it would be necessary to close the street in the area during the raising and lowering of the balloon. i f City of Denton City Council Minutes November 1, 1988 Page 3 The following resolution was considered: RESOLUTION NO. R88-065 A RESOLUTION TEMPORARILY CLOSING A PORTION OF HICKORY AND ELM STREETS ON NOVEMBER 16, 19881 AND DECLARING AN EFFECTIVE DATE. McAdams motioned, Alexander seconded to approve the resolution. Mayor Pro Tom Hopkins did not like the idea of closing a street on the Square that affected so many businesses. There was little parking in the area as it was and the closing would be during the busy time of the day. She felt that there were other areas and other days that might be more appropriate for the event. On roll vote, McAdams "aye,' Alexander 'aye,' Hopkins 'nay," Gorton "nay,' Ayer "aye," Boyd "aye," and Mayor Stephens 'aye.' Motion carried with a 5-2 vote. 1. Public Hearings adoption of anordinanceiamending a plan edidevelopmentn(PDe28) and approving a detailed plan. Petitioner was Henry S. Miller Management Corporation. The property was located between I-35 and Colorado Boulevard on the southeasterly side of Loop 288 and was the current location of Denton 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 recommended approval with conditions), The Mayor opened the public hearing, Mark Smith, Henry S. Miller Management Corporation, spoke in favor. He stated that the parking ratios were geared for 1001 retail. As the project was leased, there were some restaurants, office apace, medical and retail. According the current code, the project was about to run out of spaces and the Management Corporation would not be allowedito lease a portion of the building. Rather than wait until the last minute to address the problem, the Management Corporation met with staff to work out a solution to the problem. A mixed j use parking requirement for the Center that would allow for overlap usage would work for the area. No one spoke in opposition. I 1 I City of Denton City Council Minutes November 1, 1988 Page 4 The mayor closed the public hearing. f Cecile Carson, Urban Planner, stated that the planned development had been approved in 1982. The original structure was for retail use only. The property was in a high intensity area and a number of commercial/office/ retail land uses were encouraged in the area. During the issuance cf certificates of occupancy and beer and wine permits in the arcs, staff realized that there was a problem in the parking allocation for the Center based on the current standards. The priorities were to N improve the traffic flow in the area and to provide adequate parking. Islands would be redesigned or repositioned to improve traffic flow and provide adequate parking. 1 Council Member Boyd asked if there would be additional parking f spaces. Carson replied that there would be 20 additional parking spaces. Boyd asked what was required under the current standards. Carson stated that based on the percentage of land use proposed which was pre4ominately retail with some office, restaurant and i medical/office, 483 parking spaces would be required. Additional spaces would require a reduction of the landscape I area and the differences in hours of operation of the various businesses would allow the mixed use parking spaces. s The following ordinance was considered: No. 88-178 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE APPPOVAL OF AN AMENDED DETAILED PLAN FOR 4.96 I ACRES OF LAdD LOCATED ON THE SOUTH AND EAST SIDE OF LOOP 2881 BETWEEN COLORADO BOULEVARD AND INTERSTATE HIGHWAY 35, AS MORE PARTICULARLY DESCRIBED HBR£IN, AND BEING A PORTION OF THAT PLANNED DEVELOPMENT DISTRICT (PD-28) AS ESTABLISHED BY ORDINANCE NO. 82-131 PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins motioned, McAdams seconded to adopt the ordinance. On roll vote, McAdams 'aye," Alexander 'aye," Hopkins 'aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. I 1 City of Denton City Council Minutes November It 1988 Page 5 2. Consent Agenda McAdams motioned, Hopkins seconded to approve the Consent Agenda as presented. Motion carried unanimously. A. Bids and Purchase Orders: 1. Bid #9901 - Tree trimming for miscellaneous electric lines 2. Bid #9899 - Loop 288 Sanitary Sewer Crossing - Stuart Road (The Public Utilities Board recommends approval) 3. R. Q. #107012 - Motorola Communications - $107.335.30 - Mobile radios 4. R.Q. #108108 - Bound To Stay Bound Books, Inc. - $11,200.19 - Bind books for Outreach Project. 5. P.O. #8057 - Booth and Newson - $14,393.28 - legal services - Lewisville Hydroelectric. H. Tax Refunds 1. Consider approval of a tax refund for John Neuberger/Waterfield Mortgage Co. 2. Consider approval of a tax refund for j Jefferson Federal Savings & Loan/First { Gibraltar Mortgage Corp, 3. Consider approval of a tax refund for Jefferson Federal savings & Loan/First Gibraltar Mortgage Corp. 3. Ordinances A. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. The following ordinance was considered: E 1 No. 88-179 AN ORDINANCE ACCEPTING COMPETITIV9 BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE: AND PROVIDING FOR AN EFFECTIVE DATE. City of Denton City Council Minutes November 1, 1988 Page 6 McAdams motioned, Gorton seconded to adopt the ordinanc, on roll vote, McAdams "aye," Alexander 'aye," Hopkins 'aye,' Gorton 'aye,' Ayer "aye,' Boyd "aye,' and Mayor Stephens "aye." Motion carried unanimously. B. The Council considered adoption of an ordinance providing for the expenditure if 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. The following ordinance was considered: No. 88-180 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] AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motioned, Alexander seconded to adopt the ordinance. On roll vote, McAdams 'aye,' Alexander 'aye," Hopkins "aye," Gorton 'aye," Ayer "aye,' Boyd 'aye,' and Mayor Stephens 'aye.' Motion carried unanimously. C. The Council considered 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 4200.00 for violations thereof. (The Citizens Traffic Safety Support Commission recommended approval) The following ordinance was considered: No. 88-181 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SECTION 24-99 (a) OF CHAPTER 24 OF THE CODE OF ORDINANCES TO 2ROVIDE FOR A MAXIMUM SPEED LIMIT FOR PUBLIC ALLEYSI PROVIDING FOR A PENALTY OF NOT LESS THAN $1.00 AND NOT MORE THAN 4200.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motioned, Alexander seconded to adopt the ordinance. On roll vote, McAdams "aye," Alexander 'aye,' Hopkins "aye,' Gorton 'aye,' Ayer 'aye,' Boyd "aye," and Mayor Stephens "aye.' Motion carried unanimously. I City of Denton City Council Minutes November 1, 19G6 Page 7 D. The Council considered adoption of an ordinance amending Chapter 5 1/2 (Cable Television) of the Code of ordinances of the City. (The Cable Television Advisory Board recommended approval) The following ordinance was considered: No. 88-182 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. Hopkins motioned, McAdams seconded to adopt the ordinance. On roll vote, McAdams 'aye,' Alexander "aye,' Hopkins 'aye," Gorton 'aye,' Ayer 'aye,' Boyd 'aye,' and Mayor Stephens 'aye.' Motion carried unanimously. E. The Council considered 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 recommended approval) (First reading) The following ordinance was considered: i AN ORDINANCE OF THE CITY COUNCIL. OF THE CITY OF DENTON, TEXAS, GRANTING A FRANCHISE TO SAMMONS COMMUNICATIONS, INC., TO CONSTRUCT, RECONSTRUCT, i OPERATE AND MAINTAIN A CABLE TELEVISION SYSTEM IN THE i 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; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR THE EFFECT OF THIS ORDINANCE UPON OTHER ORDINANCES I AND RESOLUTIONS; AND PROVIDING AN EFFECTIVE DATE. Alexander motioned, McAdams seconded to adopt the ordinance. On roll vote, McAdams "aye,' Alexander 'aye,' Hopkins "aye," Gorton 'aye,' Ayer 'aye,' Boyd 'aye,' and Mayor Stephens 'aye.' Motion carried unanimously. i City of Denton City Council Minutes November It 1988 Page 8 4. Resolutions A. Item was considered earlier in the meeting. B. The Council considered 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 following resolution was considered: Resolution No. R',-966 A RESOLUTION SETTING FORTH PRINCIPLES OF AGREEMENT REGARDING UTILIZATION OF LAKE LEWISVILLE FOR RECEIVING, STORAGE AND TRANSPORTATION OF RAW WATER FROM COOPER RESERVIOUR AND DECLARING AN EFFECTIVE DATE. Ayer motioned, McAdams seconded to approve the resolution. On roll vote, McAdams 'aye,' Alexander 'aye,' Hopkins "aye," Gorton 'aye," Ayer 'aye,' Boyd "aye,' and Mayor Stephens "aye." Motion carried unanimously. C. The Council considered approval of a resolution approving the necessity of condemnation of a drainage easement. This item was held until later in the meeting. 5. The council considered the appointment of three representatives to the 1499 Board. } Council Member Alexander stated that he had contacted Jerry Cott, Bill Utter, Sr. and they were willing to serve on the Board. Council Member Gorton stated that he had contacted Ann Houston { and she was willing to serve on the Board and had no conflict of interest as far as any real estate holding. t Alexander motioned, Gorton seconded to appoint Jerry Cott, Bill f Utter, St. and Ann Houstei to representatives to the 2499 Board. On roll vote, McAdams "aye,' Alexander "aye,' Hopkins 'aye,' Gorton 'aye,' Ayer 'aye," Boyd 'aye,' and Mayor Stephens 'aye." Motion carried unanimously. 6. Miscellaneous matters from the City Manager. A. Harrell stated that today was the 20th year anniversary for Joella Orr, Library Director, with the City of Denton. 1 I i City of Denton City Council Minutes November 1, 1988 Page 9 B. There would be a regular Council meeting on the 15th of November with a work session on the 22nd of November, 7. There was no official action taken on Executive Session items of legal matters, real estate, personnel or board appointments. 8. No new items of business were suggested by Council Members for future agendas. 9. The Council reconvened into the Executive Session to discuss legal matters (discussed County v, City and retention of counsel and in re: Flow Hospital), real estate (considered acquiring an easement for the Burning Tree Drainage Project), and personnel and board appointments (considered nominations for the Appraisal Review Board of the Denton Central Appraisal District and continued the evaluations of the City Manager, City Attorney and Municipal Judge,) The Council reconvened into open session and took the following action: The following resolution was considered: Resolution No. R88-067 w A RESOLUTION AUTHORIZING THE CONDEMNATION OF REAL PROPERTY LOCATED WITHIN LOTS It 20 3, AND 41 BLOCK P, OF THE NORTHWOOD ADDITION, NO. 7A, AS MORE PARTICULARLY DESCRIBED HEREIN, TO PROVIDE FOR CERTAIN DRAINAGE AND UTILITY IMPROVEMENTS1 AND DECLARING AN EFFECTIVE DATE. { Boyd motioned, Alexander seconded to approve the resolution. On roll vote, McAdams 'aye,' Alexander 'aye," Hopkins 'aye,' Gorton 'aye,' Ayer 'aye,' Boyd 'aye,' and Mayor Stephens 'aye.' Motion carried unan'Lmously. f With no further business, the meeting was adjourned at 10:11 p,m. I RAY STEPHENS, MAYOR- CITY OF DENTON, TEXAS i i JENNIFER WALTERS CITY SECRETARY CITY OF DENTON? TEXAS 3004C . -mss! I I CITY OF DENTON CITY COUNCIL MINUTES November 14, 1988 A joint session of the City of Denton City Council and the Denton Independent School District Board of Trustees was convened on Monday, November 14, 1988 at 12:00 noon at the Sheraton Hotel and Conference Center, Petroleum Room, 2211 135 East-North, Lenton, Texas. Present: Mayor Stephens; Council Members Ayer, Boyd and Gorton. Absent: Mayor Pro Tem Hopkins; Council Members Alexander and McAdams. 1. A discussion regarding various issues relative the the City of Denton and the Denton Independent School District was held. The following items were discussed: A. University Drive rezoning request - the School District stated that the present zoning for thair property on University Drive was currently SF-7 with part of the property zoned for office use. The District would like to rezone the property so that it could be sold. Part of the property could be split so as to maintain a park near the Newton Razor Elementary School. City staff stated that the curb cut issue would have to be dealt with as that area was sensitive to new curb cuts on University. B. Teasley Lane Project - City Manager Harrell stated that he would like to thank the School District for the cooperative effort shown on the joint park site on Teasley Lane. i C. New Denton High School - the School District stated that there would probably be a need for a traffic light E at the entrance to the new high school as indicated by a ! traffic study that had been done. The School District was Iii the process of determining what the State would do to held with the project. City staff stated that the City could probably help with the installation of the traffic light. 1 D. Loop 288 South - the School District was concerned about the location of the proposed Loop 288 South extension as to whether it would be too close to the McNair Elementary School. If the proposed location was not changed, the District would like to see coordinated planning for the road so as to present maximum safety for the students at the ' school. Some suggestions for safety factors included an I earthen berm to reduce noise, long turn lanes or an overpass to keep traffic moving, and the possibility of a traffic light to help with the traffic flow now and In the future. I City of Denton City Council Minutes November 14t 1988 Page 2 E. Joint City/District Swimming Pool - the consensus of the committee working on this project was to allocate $500,o00 of future CIP funds for an indoor/outdoor pool. This _ would be a separate item on a bond issue and the voters would decide whether the issue would be approved or not. The pool would be jointly used by the City and the School District with maintenance costs factored out by use. Part of the funds for the bond issue would be used to renovate the Civic Center pool. F. Joint City/District elections - the School District would like to again enter into an agreement for joint City/District elections. City staff was in agreement as the joint elections worked very well the previous year. With no further business, the meeting was adjourned at 1:15 p.m. RAY STEPHENS, MAYOR CITY OF DENT041 TEXAS ENNIL4R WALTERS CITY SECRETARY CITY OF DENTON, TEXAS 3010C, i i f i~ x ~I l I N CITY OF DENTON CITY COUNCIL MINUTES NOVEMBER 151 1988 The Council convened into the Work Session at 5:30 p.m. in the Civil Defense Room. l PRESENT: Mayor Stephens; Mayor Pro Tem Hopkins; Council I! Members Alexander, Ayer, Boyd, Gorton and McAdams. ABSENT: None Item 2. was moved ahead in the agenda order. 2. The Council discussed and considered potential Legislative lobbyists. Council Member Gorton reviewed the selection process that the committee had for the top two candidates. He stated that those candidates were on hand for an interview. The Council interviewed Charlie Evans and Tom Forbes. Each presented career and personal background information and fielded a number of questicns from the Council regarding strategies for dealing with the Legislature. 1. The Council did not meet iii Executive Session during the Work Session, The Council then convened into the Regular Session at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Stephens; Mayor Pro Tem Hopkinsi Council Members Alexander, Ayer, Boyd, Gorton and McAdams. € ABSENT. None t The Mayor presented the following proclamations: A, Hunger Week I B. National Family Week The mayor recognized students participating the in Youth in Government Day. j 1. The Council considered approval of the minutes of the 4 regular meeting of October 4, 1988, the special call meeting of October 110 1988 and the regular meeting of October 18, 1988, f Mayor Pro Tem Hopkins noted a misspelling of a namo in the minutes and asked for a correction, e ` F Hopkins motioned, McAdams seconded to approve the minutes with I the correction noted. Motion carried unanimously. t k~ f I F MOM- WVOrWW- City of Denton City Council Minutes November 15, 1988 Page 2 2. The Council received a presentation by Ms. Dora Garcia regarding the need for mot.) Spanish speaking employees in the Fire and Police Departments. Ms. Garcia presented the Council with a petition requesting that the City of Denton employ Spanish-speaking employees at the emergency departments. She had talked with Chief Cook, Fire Chief, who stated that the Fire Department did have Spanish-speaking employees but that they were not always available at the emergency phone. She had also spoke with Chief Jet, Chief of Police, who stated that there were at least 4 police officers and 2 dispatchers who spoke Spanish but that they were not always available for translation. G?icia relayed an incident where an individual was injured and in need of an ambulance and was not able to communicate with the dispatcher. She stated that she was concerned for those people who could not speak English and might need emergency help. Chief Jet stated that both he and Chief Cook had had several conversations with Ms. Garcia followed by meetings with the City Manager and Deputy City Manager. They had also met with Frank Davila and came up with a number of ideas on how to address the problem. Some of those ideas included increased training, organizing volunteer support throughout the community. Chief Cook stated that Mi. Garcia's concern was well founded and that the scope of the problem was larger than just obtaining information over the phone because in a medical emergency more information was involved. 3. Consent Agenda McAdams motioned, Alaxander seconded to approve the Consent j Agenda as presented. Motion carried unanimously. 1. R. Q. 1107044 - Motorola Communications - communications equipment 2. R. Q. #107041 - Motorola Communications - communications equipment 3. R. Q. #107042 - Motorola Communications - communications equipment 4. R. Q. 1107043 - Motorola Communications - communicaticns equipment 5. Lone Star Gas -gas line relocation . City of Denton City Council Minutes November 15, 1988 Page 3 4. ordinances A. The Council considered adoption of an ordinance - providing for the expenditure of funds for purchases of the materials# equipments tatepll w exempting services such purchases from requirements of competitive bids. The following ordinance was consibereds NO. 88-183 AN ORDINANCE PROVIDING FOR THE EXPENDITURE SUPPLIES FUNDS FOR PURCHASES OF MATERIALS, EQUIPMENT, SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS: AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motioned, Hopkins seconded to adopt the ordinance. On roll vote, McAdams 'aye,' Alexander 'aye,' Hopkins 'aye,' Gorton 'aye," Ayer 'aye,' Boyd "aye,' and Mayor Stephens 'aye." Motion carried unanimously. B. The Council considered adoption of an ordinance authorizing the Director of Public Works to execute a cash deposit gas piping contract with Lone Star Gas Company. The following ordinance was considered: NO, 88-184 AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE A C%SH DEPOSIT GAS PIPING CONTRACT WITH LONE STAR GAS CLMPANYI AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motioned, Hopkins seconded to adopt the ordinance. On roll vote, McAdams 'aye,' Alexander "aye,' Hopkins 'aye,' Gorton 'aye,' Ayer 'aye,' Boyd 'aye,' and Mayor Stephens 'aye.' Motion carried unanimously. 1 4.1 The Council considered adoption of an ordinance annexing 135 acres located south of Mills Road, east of Mayhill Roads limits. (A-55) (The McKinney aStreet adjacent to nd Zoning existin i approval.) s ti City of Denton City Council Minutes November 15, 1988 Page 4 The following ordinance was considered: I AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS; BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF I APPROXIMATELY 135.0 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING PAR: OF THE M. FORREST SURVEY, ABSTRACT 140. 417, D,NTON COUNTY, TEXAS; CLASSIFYING THE SAME AS AGRICULTURAL "A' DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. Hopkins motioned, Alexander seconded to postpone final action to a date certain of January 3, 19n9. On roll vote, McAdams 'aye," Alexander 'aye," Hopkins 'aye,*aye." Gorton •nay,' Ayer •aye,' Boyd 'aye," and Mayor Stephens Motion carried with a 6-1 vote. D. The Council considered adoption of an ordinance amending the fees applicable to certain requests for zoning amendments; 4nd providing for an effective date. (The Planning and Zoning Commission recommended approval.) The following ordinance WAS considered: NO. 88-185 THE ORDINANCE FEES APPLICABLE TO OF THE CITY OF DENTON, TEXAS, AMENDING AMENDMENTS; AND PROVIDING FOR AN EFFECTIVE DATE. Elizabeth Evans, Planning Administrator, stated that this ordinance would change the current fee structure for a zoning 11 case to allow a lesser fee or no fee depending on the size of I the parcel or owners involved for ca~es changing from a less restrictive zoning district to a more restrictive district. Alexander motioned, Hopkins seconded to adopt the ordinance. On roll vote, McAdar„s "aye," Alexander "aye,' Hopkins 'aye,' Gorton 'aye,' Ayer 'afe,' Boyd "aye," and Mayor Stephens 'aye.' Motion carried unanimously. I E. The Council considered adoption of an ordinance abandoning and vacating a certain drainage and communications easement within the Ridge of Southridge Subdivision; reserving a portion thereof for a communications easements and declaring an effective date. (The Planning and zoning commission recommended approval.) { I / I City of Denton City Council Minutes November 15, 1988 Pag9 5 Elizabeth Evans, Planning Administrator, stated that this was a request by Dr. Vera Gershner. The original plat had an error indicating a 16' drainage and communication easement which should have been a 8 16' communication communication The ordinance establish an 8' communication easement. The following ordinance was considered: NO. 88-186 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ABANDONING AND VACATING A CERTAIN DRAINAGE AND COMMUNICATIONS EASEMENT WITHIN THE RIDGE OF SOUTHRIDGE SUBDIVISIONI RESERVING A PORTION THEREOF FOR A COMMUNICATIONS EASEMENT! AND DECLARING AN EFFECTIVE DATE. Hopkins motion0p Alexander seconded to adopt the ordinance. On roll'vote# McAdams 'aye," Alexander "aye," Hopkins 'aye,' Gorton aye, Ayer aye,' Boyd 'aye,' and Mayor Stephens 'aye.' Motion carried cnanimously. F. The Council considered adoption of an ordinance of the City of Denton, Texas prohibiting the erection, construction, or placement of, all off-premise portable signal f more than one on-premise portable sign on any one promise, all ground signs over 150 square feet in size or over 30 feet in height, and all ground signs within 500 feet of a::other ground sign on the same premises providing for a penalty to the maximum amount of $2,000.00 for .1iolations thereof] providing for this ordinance to be in effect until and including February 21, 19891 and providing for an effective date. i The following ordinance was considered: NO, 88-187 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN EXTENCION OF A MORATORIUM ON THE ERECTION, CONSTRUCTION, OR PLACEMENT OF THE FOLLOWING SIGNS., OFF-PREMISE PORTABLE SIGNS, MORE THAN ONE ON-PREMISE PORTABLE SIGN ON ANY ONE PREMISE, ALL GROUND SIGNS OVER 150 SQUARE FEET IN SIZE OR OVER 30 FEET IN HEIGHT, AND ALL GROUND SIGNS WITHIN 500 FEET OF ANOTHER GROUND SIGN ON THE SAME PREMISEI P1%,1VIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF 2,000.00 FOR VIOLATIONS THERE0F1 PROVIDING FOR THIS ORDINANCE TO BE IN EFFECT UNTIL AND INCLGDING FEBRUARY 21, 19891 AND PROVIDING FOR AN EFFECTIVE DATE, City of Denton City Council Minutes November 15, 1986 Page 6 Alexander motioned, Hopkins seconded to adopt the ordinance. On roll vote, McAdams "aye," Alexander 'aye," Hopkins "aye," Gorton "aye," Ayer 'aye," Boyd "aye," and Mayor Stephens 'aye." Motion carried unanimously. G. The Council considered adoption of an ordinance designating and establishing speed zones for east and west bound traffic on "ewton Street from its intersection with Wilson Street to its intersection with Morse Streetl for north and south bound traffic on Wilson Street frim its intersection with Newton Street and continuing north for a total distance of 442 feed providing for a penalty of a fine not to exceed two hundred dollars; and providing a seveiability clause. (The Citizens Traffic Safety Suppirt Commission recommended approval.) Lloyd Harrell, City Manager, stated that this ordinance would extend the 20 mph speed limit zone around the Martin Luther King, Jr. Recreation Center. The following ordinance was considered: NO, 88-188 AN ORDINANCE DESIGNATING AND ESTABLISHING SPEED ZONES FOR EAST AND WEST BOUND TRAFFIC ON NEWTON STREET PROM ITS INTERSECTION WITH WILSON STREET TO !IS INTERSECTION WITH MORSE STREET! FOR NORTH AND SOUTH BOUND TRAFFIC ON WILSON STREET FROM ITS INTERSECTION WITH NEWTON STREET AND CONTINUING NORTH FOR A TOTAL DISTANCE OF 442 PEET1 PROVIDING FOR A PENALTY OF A FINE NOT TO E%CLSD TWO HUNDRED DOLLARS (200.00)1 PROVIDING A SEVERABILITY CLAUSES AND DECLARING AN EFFECTIVE DATE. Boyd motioned, Alexander seconded to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins 'aye,' Gc•rton 'aye," Ayer "aye,' Boyd "aye," and Mayor Stephens "aye.' Motion carried unanimously. H. The Council considered 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. (T;le Cable Television Advisory Board recommended approval.) (Second reading) The following ordinance was considereds 1 City of Denton City Council Minutes November 15, 1988 Page 7 ORDINANCE NO, 88-189 AN ORDINANCE CF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, GRANTING A FRANCHISE TO SAMMONS COMMUNICATIONS, INC., TO CONSTRUCT, RECONSTRUCT, OPERATE AND MAINTAIN A CABLE TELEVISION SYSTEM IN THE CITY OF DFNTON, TEXAS AND SETTING FORTH CONDITIONS ACCOMPANYING THE GRANTING OF THIS FRANCHISE) PROVIDING FOR A PENALTY FOR THE VIOLATION OF PORTIONS OF THIS ORDINANCE) PROVIDING FOR A SAVINGS CLAUSE) PROVIDING FOR THE EFFECT OF THIS ORDINANCE UPON OTHER ORDINANCES AND RESOLUTIONS) AND PROVIDING AN EFFECTIVE DATE. McAdams motioned, Boyd seconded to adopt the ordinance. On roll vote, McAdams 'aye,' Alexander "aye," Hopkino 'aye,' Gorton 'aye,' Ayer 'aye,' Boyd 'aye,' and Mayor Stephens 'aye.' Motion carried unanimously, 5, Resolutions A. The Co,incil considered approval of a resolution authorizing the City Manager to sign and submit an amendment to the Pinal Statement Of Objectives And Projected Use Of Funds submitted in June, 1988 to the Department of Housing and Urban Development with appropriate verifications, as authorized and required by the Housing and community Development Act of 19748 as amended. The following resolution was considered: RESOLUTION NO. R88-068 A RESOLUTION BY THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO SIGN AND SUBMIT AN AMENDMENT TO THE FINAL STATEMENT OF OBJECTIVES AND PROJECTED USE OF FUNDS SUBMITTED IN JUNE, 1988 TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WITH APPROPRIATE VERIFICATIONS, AS AUTHORIZED AND REQUIRED BY THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDE"., AND DECLARING AN EFFECTIVE DATE. Barbara Ross, Community Development Coordinator, stated that this was a transfer of funds from the 198; and 1988 Housing Rehabilitar,ion and Martin Luther Ping, Jr. Recreation Center equipment purchase program, Initially the equipment purchases categorized under 'public facilities and improvements" but were to be listed under public service', 1 City of Denton City Council Minutes November 15; 1988 Page 8 McAdams motioned, Boyd seconded to approve the resolution, On roll vote, McAdams "aye," Alexander 'aye," Hopkins 'aye,' _ Gorton 'aye,' Ayer 'aye," Boyd 'aye,' and Mayor Stephens "aye,' Motion carried unanimously, B, The Council considered approval of a resolution authorizing the Mayor to execute a restated lease agreement between the City and AirDenton, Inc.1 approving an agreement between AirDenton, Inc. and Dobransky Enterprises, Inc. and providing an effective date. Debra Drayovitch, City Attorney, stated that the agreement restated the ac.cement executed by the Council and deleted all references to Maverick Aircraft and substitutes the new corporation of AirDenton, Inc, RESOLUTION NO. R88-069 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A RESTATED LEASE AGREEMENT BETWEEN THE CITY AND AIRDENTON, INC,f APPROVING AN AGREEMENT BETWEEN AIRDENTON, INC. AND DOBRANSKY ENTERPRISES, INC. AND PROVIDING AN EFFECTIVE DATE, Hopkins motioned, McAdams seconded to approve tFe resolution. On roll vote, McAdams 'aye,' Alexander 'aye,' Hopkins 'aye,' Gorton 'aye,' Ayer 'aye," Boyd "aye,' and Mayor Stsphena 'aye.' Motion carried unanimously. h C. The Council considered approval of a resolution authorizing the Mayor to execute an agreement between the City of Denton and the Denton Independent School District for the development of a park located on Teasley Lane. The following resolution was considered: RESOLUTION NO, R88-070 A RESOLUTION AUTHORIZING SHE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON INDEPENDENT SCHOOL DISTRICT FOR THE DEVELOPMENT OF A PARK LOCATED ON TEASLEY LANEI AND PROVIDING FOR AN EFFECTIVE DATE. Ayer motioned, Hopkins seconded to approve the resolution. On roll vote, McAdams 'aye,' Alexander 'aye,' Hopkins 'aye,' Gorton "aye," Ayer 'aye,' Boyd 'aye," and mayor Stephens 'aye.' Motion carried unanimously. 4 City of Denton City Council Minutes November 15, 1988 Page 9 D. The Council considered approval of a resolution of appreciation for William 'King' Cole. I The following resolution was considered: RESOLUTION NO. R88-071 A RESO.UTION IN APPRECIATION OF WILLIAM "KING' COLE. Mayor Stephens requested space be made on the resolution for I all of the Council Member to .lgn. Hopkins m,,cioned, Alexander seconded to approve the resolution. On roll vote, McAdams 'aye,' Alexander 'aye,' Hopkins 'aye," Gorton 'aye,' Ayer "aye," Boyd "aye,' and mayor Stephens "aye." Motion carried unanimously. 6. Miscellaneous matters from the City Manager. Lloyd Harrell, City Manager, presented the following itemsi A. John McGrane, Executive DireC6or for Fiance, presented Council with final copies of the 1988-89 budget. B. Reminders 1. Formal lighting of the Christmas lights for the Square would be Noven er 21, 6:00 p.m. 2. Notification had been received from NCTCJG for a legislative dinner, December 8. 3. A Work Session had been scheduled for November 22, 1988. j 7. There was no Executive Session held during the Work Session, d. New Business The following items of New Business were suggested by council Members for future agendas: A. Council Member Gorton requested a 911 progress 1 report with representatives from thn 911 Committee being invited to contribute to the report. I ~ City of Denton City Council Minutes November 150 1983 Page 10 9. The Council convened into the Executive Session to discuss legal matters (Count v. City and in re: Flow Medical Center), real estate, personne an oarc appointments. The Council reconvened Into open session and took up discussion of Item 02, of the Work Session - discussion and consideration of potential Legislative lobbyists. i Gorton motioned, Ayer seconded to direct the Mayor and C'_ty Manager to call Tom Forbes and ask him to submit a proposal with Bracewell and Patterson being the lead firm and utilizing the services of Charlie Evans, together with a fce arrangement over 2 years. Motion passed unanimously. With no further business, the meeting was adjourned at 9;47 p.m. RAY- , MAYO-R CITY OF DENTON, TEXAS i r JENNIFER WKLTERS l CITY SECRETARY CITY OF DENrON, TEXAS J 3011C e i I I E i i I CITY OF DENTON CITY COUNCIL MINUTES November 22, 1988 The Council convened into the Rork Session and Called meeting at 5!30 p.m, in the Civil Defense Room. PRESENT: Mayor Stephens; Mayor Pro 1'em Hopkins; Council Members Alexander, Ayer, Boyd, Gorton and McAdams. - ABSENT: None 1. The Council ~onveried into the ExecLtive Session to discuss legal matters {Phillips y_. City, Patel v. Ctq of Denton, City of Denton vs. aver cc rcraft nc. et. al-j; real estate, personne an oar appo ntments. No o cial action was taken. 2. The Council received a report concerning the status of the 9ll system. Marilynn Milor, Director-911 System, prosented an overview of the progress being made with the 911 system. She stated that there would be four public safety information points based in Carrollton, Lewisville, Denton and a neutral County point. Her main concArn was that the system was going to be more costly than originally estimated and that revenues would not match expenditures for the system. The principal supplier, GTE, had stated that the system could be funded with a 31 tax but there were four other phone companies within Denton County involved with the system and they could not provide the service based on the 31 tax. A target date of September 11, 1989 was being considered then o the start be e operational until 1992. not system would h not system. be m Council Member Aye: asked if the 31 tax wes not going the fob, how much was needed. Milor rcylied that a 61 tax would rovide excess money and that perhaps 4-51 would be a realistic figure. E Ayer asked who had the authority to increase the amount of tax. r Milor stated that the g w financial the audit rate followed b matching revenues a rotoosed expenses budet, The Board would set when the budget was approved. Council Member Boyd asked what the maximum was for the tax rate. Milor stated that it initially was 31 but had been raised to 61. Council Member McAdams asked if the current Board had received the initial information concerning the amount of tax necessary to fund the system or if this was a new Board. V 4 i 1 i N I I City of Denton City Council Minutes November 22, 1988 Page 2 Milor replied that this was a new Board and they were not in place when the original tax rate was considered. An interim Board had received the original information. Council Member Gorton asked where the overrun was occurring. _ Milor stated that the service costs were tou high. The ` revenues taken is were not meeting the expected expenditures I for service and equipment to meet the proposed start up date. Council Member Alexander stated that he felt that the Board was forcing the increase by forcing the date of implementation. The process incurred income and the system could be implemented when enough income had been collected. Council Member McAdams stated that more attention needed to be given to details. More specific questions nee•'ed to be answered and the public needed more information regarding the process. Alexander asked what the date was that the funds were first collected. Milor replied January 1, 1988. Alexander stated that that was about one-half million dollars a year and that the Board could wait a short time and get enough money for the funds without increasing the tax. He stated that the system i and would he take while to get GTE was not out enough f GTE funds a to indicated line with their proiictions. Mayor Stephens thanked Ms. Milor for appearing before the Council. r i 3. The Council held a discussion and considered selection of potential Legislative lobbyists. Lloyd Harrell, City Manager, presented an update to the Council regarding the selection of the lobbyists. He stated that the two finalists had been interviewed by the Council, Tom Forbes and Charlie Evans. consensus of the Council had been to determine if the two individuals would team up and work together on the primary issue of health care matters. A proposal had been made to have Tom Forbes be the lead person, I to provide his expertise regarding indigent health care matters and would work In the Senate to try and pass favorable Evans legislation Denton, through the would House report of Representativesw,ould work City of Denton City Council Minutes November 22, 1988 Page 3 Jim Bunyard was surveying the other four cities affected to see if they would be interested in a joint venture. Harrell stated that staff was needing direction regarding (1) a formal contract to be presented to Council on December 13, (2) authorization for staff and Council to meet with representatives of the other four cities, (3) how payment was to be made if the contract was entered into. Consensus of the Council was that they would like to have a formal contract presented at the December 13 meeting, staff had the authorization to contact the other four cities and set up a meeting of representatives from those cities, and a preference for payment would be to pay the amount out over 2 years if the funds could be encumbered. q, The Coun,711 received a report on the status of the Environmental Health Services Division. Lloyd Harrell, City Hanager, reviewed the history of the Environmental health Services Division with the City. Bill Angelo, Director of Community Servicaa, reviewed the organization of the Division and the status of the Division to date. He presented the staff to the Council. 5, The Council held a review regarding RFP for Management Study and Actuarial Analysis of City Health Insurance Fund. Tom Klinck, Director of Personnel, presented as update of the insurance fund and an over~,iew of the P.FP for Management Study and Actuarial Analysis of the City Health Insurance Fund, He stated that open enrollment had resulted in a siynificant increase of employees back into the self-insurance fund. He reviewed the figures for the fund balance resulting in an adjusted deficit of $215,000. The RFP for Management Study and Actuarial analysis would be a comprehensive study and financial analysis of the City's insurance fund. A look would be taken at both the financial side and design of the plan. Klinck reviewed the provisions of the ROP and presented a tentative time schedule, 6, The Council held discussion regarding the establishme:t of criteria for use by the Human Resources Committee when making funding recommendations. Barbara Ross, Block Grint CoorAtnator, asked for input from the council regardi-4 guidelines the Human Resources Committee coul.i use for funding recommendations. F i J City of Denton City Council Minutes i November 22, 1988 + Page d Council Member Ayer stated that the Human Resources Committee was preparing an extensive needs assessment report to assist in the needs of Denton. Discussion by Council centered on what type of organizations the City should help fund. Consensus of the Council was that the City should consider funding for services that the City might provide but was not able to provide efficiently. Basic needs for transportation, law enforcement and public safety were areas that the Council felt the City should help fund and social service, heRlth and welfare were areas that the Council felt the City should stay out of. Seed o,i ey for new organizations would be considered with the understanding of a sunset on appropriations from the beginning. The Council directed staff to prepare a proposal for the Human Resources Committee for their review. 7. The Council held a discussion of the supplemental agreement No. 1 to untreated water contract between the cities of Dallas and Denton relating to the City of Denton's installation of hydroelectric facilities on Lake Lewisville. Bob Nelson, Executive Director for Utilities, stated that the City had received a draft document from the City of Dallas which basically stated that Dallas would not install their pipeline before the year 200S. This would give adequate time for debt payment for the project. Nelson reviewed the provisions of the agreement with the Council. 8. The Council held a discussion regarding the heat, ventilation, and air conditioning system renovation for City Hall, Civic Center, Library and Senior Center. i Bruce Hennington, Superintendent of Building operations, reviewed the history of the heat, ventilation, and air condition system (H.V.A.C.). He stated thst there was a need to modiry the system because it was extremely outdated with minioal comfort control. The system would not be new below the ground and above the ground it would be modified or updated to make it controllable. The cost for a new system would be approximately $370,000 with a cost savings of approximately $64,000 annually. If the the amount of the system cost was paid by Certificates of Obligation, the payback would be approximately 8.10 years. John McGrane, Executive Director for Finance, stated that preliminary discussions with the City's bond counsel Indicated that the payback could go as long as the life of the system, j One would off-set the other for payback. During the 10 year period, there would be enough savings to pay back the Certificates of Obligation. I City of Denton City Council Minutes November 22, 1988 Page 5 Consensus of the Council was to proceed with the arrangements for Certificates of obligations for the system. 9. The Council held a discussion regarding future CiP bond sales and sale of contractual obligations for the annual lease/purchase equipment program. John McGrane, Executive Director for Finance stated that there were three areas the council needed to consider relative to bonds - (1) the H,V.A,C. system, (2) the third year of the CIP program, and (3) the lease purchase program for City vehicles. City Manager Harrell stated that the Council needed to go to New York before the sale of the bonds to reconfirm the City's excellent bond rating. Mayor Stephens asked for a time frame for the trip. McGrane replied as soon as possible, perhaps early January. Consensus of the Council was that a bond rating trip would be necessary in the near future and the above mentioned areas for bonds should be considered. 10. The Council held a discussion regarding Land Use , Management Information System (LUMIS). Harry Persuad, Urban Planner, stated that the system would be an automated for storing information regarding land use data. He reviewed the system set-up and stated that some of the s benefits would include the City's ability of do their own intensity calculations, population estimates, 1990 precensus review, land use and population projections and land tracking, 11. Ordinances A. The Council considered edoption of an ordinance authorizing the Mayor to execute a settlement agreement in Anderson v. City of Denton, et.al. The following ordinance was consideredc NO. 88-190 AN ORDINANCE OF THE CITY OF DENTON# TEXAS, APPROVING A SETTLEMENT AND COMPROMISE AGREEMENT FOR PENDING LITIGATION BETWEEN THE CITY OF DENTON AND DWIGHT ANDERSON AS NEXT FRIEND FOR DANA L. ANDERSON, AN INCAPACITATED PERSON AND SHANDA MICHELLE ANDERSON, A MINOR) AND PROVIDING FOR AN EFFECTIVE DATE. City of Denton City Council Minutes November 22, 1988 Page 6 Ayer motioned, Alexander seconded to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye,■ Hopkins "aye," Gorton "aye," Ayer "aye,' Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. With no further business, the meeting was adjou_ned at 9:17 p.m. RA STEPH N , MAY R CITY OF DENTON, TEXAS v JENNIFER WALTEEtS CITY SECRETARY CITY OF DENTON, TEXAS i, 3012C I ' l i ~ f i f i { I i 4M911111 Oil I 11-ItIll 11 [Fil litE-rt,_Llll i r I G DAIEi 12/13/88 C11'Y COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council , I FROM: Lloyd V. Harrell, City Manager SUBJECTS PUBLIC HEARING FOR Z-88-016 RECOMMENDATION: Planning and Zoning Commission recommended denial at its October 2b, 1988 meeting by a 6 to U vote. According to the Zoning Ordinance, a favorable vote of three-fourths (3/4) of all members of the City Council is required to overrule the recommendation of the Commission. S ulemY: The detailed plan proposes an automotive service center and retail parts store adjacent to Wolfe's Nursery. Pep Boys sells and installs parts on automobiles including tires, and batteries. Other services include minor tune-ups, brake repairs, muffler installation and oil changes. BACKGROUND: Planned Development-6 was originally approved in 1969. The concept plan refers to uses but does not show the location of buildings, parking lots, etc. Several amendments have been approved which have considerable changed the original plan for the Planned Development. Site and land use plans have been approved for a variety of office, retail, multi-family and single family uses in this Planned Development. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Fifteen property owners within 2UU feet were notified. FISCAL IMPACT: I~ I~ No impact to the general fund. Respec ly submitted: F Prepared by: y iel . 1. /1 City anager Ak, Rob ins Executive Director for Planning and Development 2413a : ~ I PLANNING AND ZONING COMMISSION RECOMMENDATION TO CITY COUNCIL To: Denton City Council Case No.: Z-88-016 Meeting Date: December 13, 1988 GENERAL INFORMATION Appli-ant: Pep Boys of California, Inc. 1122 W. Washingto•i Boulevard Los Angeles, California 90015 Status of Applicant: Owner Requested Action: Approval a detailed plan for a portion of Planned Development-6. The land use proposed is an automobile service center and automobile parts store Location and Size: A 1.727 acre tract located in San Jacinto Plaza on the I-3S service road adjacent to Wolfe's Nursery Surrounding Land Use and Zoo ng: North - PD-6, Single family residential South - I-35 East - PD-60 San Jacinto Plaza Shopping Center, retail West - PD-6, Wolfe's Nursery Denton Development Guide: Low intensity area { SPECIAL INFORMATION - r Transportation: The property has access to the I-35 servict road. In an effort to improve traffic circulation, t',e detailed plan would elim;r.n-,.r one a:cess to the service road. stacking bas been provided at entrance and exit points. Utilities: Existing utilities are adequate for this use. A 16' utility easement has been provided along I-3S service road. Am (Case Z-88-016) Page Two SPECIAL INFORMATION (continued) Drainage: Drainage will he routed to the access easement or east toward Mervyn's parking lot. HISTORY The property was zoned planned development in 1969, Planned development-6 includes residential multi-family, cluster and retail/office land uses. Several amendments have been requested and approved. In addition, site plans for office and retail uses have been approved, This case was scheduled for public hearing on October 11, 1988; however, the item was removed from the agenda at the request of the petitioner. ANALYSIS The property is located in a low intensity area according to the Denton Development Guide that is S1t over the intensity standard ase on exsting Tana uses and 1691 over the standard based on current toning. While the disproportionate share of intensity policy wa3 not applicable in 1969, a disproportionate share of intensity was allocated by approval of the original plan for the planned development, and a disproportionate share of intensity Is requested with this detailed plan. This site was origilally designated for multi-family and office/retail use in the planned development ordinance. The detailed plan contains all information required by article 11 of Appendix B, Zoning, of the City of Denton Code of Ordinances. The proposal shows the elimination of an access point to the I-S5 Service Road and landscaping and screening along the I-35 service road. A six foot solid concrete/masonry fence Is proposed along the boundary of this site between the site and the adjacent residential property to the north. The internal traffic circulation is designed so that parking Is located on three sides of the building. Landscaping is provided throughout the tract. Signage will include one ground sign and wall signs on three sides of the building. I I 1 (Case Z-88-016) Page Three ANALYS.S (continued) The Planning and Zo.iing Commission concluded that an automotive I repair center as designed in this detailed plat could be disruptive to adjacent neighborhood. In additi,.-1, the proposed land use as designed in this detailed plan could be considered a violation of the neighborhood preservation policy of the Denton Development Guide. Zoning decisions have a significant impact ones nei g neighborhoods, and the policies of the Guide state that the priority should be given to the existing neighborhood. The petitioner submitted a noise study prepared by Kimley-Horn and Associates to determine the impact of the proposed use on the adjacent property. The study states that the noise from 1-35 appears to be greater than the noise generated by the proposed use. In addition, the petitioner has argued that nois'• from Pep Boys will be deflected toward I-35 by the concrete/masonry fence and/or defused by the trees and landscaping. Four Pep Boys stores in the Dallas-Fort Worth area were visited by staff and appear to be similar In design and construction. Most of the facilities are not located adjacent to existing neighborhoods. The Pep Boys Store located on Collins Street in Arlington Is located adjacent to an existing older residential I neighborhood. The Commission expressed concerns about outdoor activities, lighting, and hours of operation in reaching their decision. The noise and ligho were problems that the Commission felt would be difficult to control once a building of the type proposed was erected. In visits to the Pep Boys stores, the staff witnessed three i incidents of repairs occurring outside the building either in the parking lot or adjacent to the bay-repair area. Although the petitioner stated it was against company policy to work on vehicles outside of the building. If approved, the staff had recommended two conditions: ; 1. A minimum six foot solid concrete/masonry screening device between the site and adjacent residences shall be constructed prior to issuance of building permits for construction of the main building. ` 2. Landscaping shall be installed in accordance with ordinance I 88-104. II { I j 011 (Case 2-88-016) Page Four RECOMMENDATION The Planning and Zoning Commission recommended denial by a 6 to 0 vote. ALTERNATIVES E 3,1. Approve petition 2, Approve petition with additiona' conditions Deny petition J ATTACHMENTS F. 1. Location Map f 2. Detailed Plan 3. Development Standards 4. Ordinance 169-3S S. Detailed Plan 09/14/88 6. Noise Study 7. Rep1 Form Totals 8, Mailing List 9. Minutes of Planning and Zoning Commission meeting of October 26, 1988 i j E i 08390 I 88 016 IL ~l S ,►IECRE VaTA HA Y R. e • ~ ~ carer ~iYtl~n i O AMW p Y . a~ n. ~O V 10 z l l ~,f!J , , 0 TREE PLANIEJG 11 DO Y7 r r_ ~ r ..-t y.• I I L ~ ~ w.• ~ I I ~ k ELECTRIC VALVE 1108 DEL CHECK VALVE lor 107 fFF =II T r fl f rNrr rnrun•. _ M . / I .,.n r..w.,u 3 l •r Nrr*0+~ir:nr an . ON rnwr r rr -1 I I ~rrYY ` ON-P0P SP Ar , OS ! VALVES 10S w~ rr rfr~ W~ r rr ~r~ i ; =Lilij - rn r I XI11ACt •OAD i r SIOH TAR 104 in,03 r Yy r~,ew...M LIMA _ i w~r~ DALLAS drVL ~rs..w ire ~1 I RANT U!1 . •••y r. rr.r i.Yr ti loll ~♦tT or I i rer m ien ra SITE LAN r.• btvsLMONT sTARDMW DPTAMO PLAN 1. statement of latent of owners owner inters in to operate a ~A Ski e ~nw~A nth a~,♦nmil~lw bat eriel. pia w71Anamut rw1AFw' ItvirMAun for instal latlen e• A.fn ~rfA nnrmallu -01A )%IF P. n . 10 statement Indicating Relation to boated Dovelopw at Guide, _Low intensity area J. Total Number of Act" to Proposed District, 1,727 aaras d. Lead uses and Total Nudber of Acres la east pace, or Ift@ot, as single Family Detached Total PtOposed Act"" be slash Family Attached (toudhouaaa, elaster,, sea.) ~A~- c. Attached Patio/oaidam/isto Lot Liss - N/A s. "plot N/A o. NultidWly NSA to Office _ N/A I. Neighborhood •orria he oamstallatail N/A N/A 1. Codomercial N/A r 3. Light tadsotrial N/A A. Nag westrial N/A 1. Other (ogosity) Autoalotlve Carter Coamt~ro_al ay)~a rtL i 13.2_ 61: retail~ 4,730 e.l._bav sorvi 2j575 s.f. storage oevelopo*nt Standatda }age 3 S. otf-mite lntotation - adjacent or surrounding land uses, Boning* streets, drainage facilities, and other existing or proposed iaproveawnts, (shown an concept or detailed plan,) to Traffic and Tcanspottatios - indicate existing and proposed atc"ta, packing lots, loading areas, access pointas (shorn on concept or detailed plan,) mroJecte4 Traffic Oenecatlos, (Based on traffic study, it required,) 1,232 trios 70. Bulldings$ a, Approsiate location, (Shorn no concept or detailed plan,) be malmus height 23'-0" C, itiAisua setbaekso Imhorm ea CoACept of detailed plus) t Front 500-0" Rear 16-0" d, Naxlmun gross !lose atom }square feet) toc Amosideatlals N/A 1. >Resldeatial Subditiaieal an Nubbor of units per son (density)s i .0. be Number end loatia of teat Was on asooept of detailed plus) -o- a$ Nialem alpr Width Bfd depth of leaf (Mean as oueept,ef detailed plans) .0m do Niaimun treat, aide Bad feu yard setbacks Whom as semeept of detailed plea,) -0- i Development Standstda Palo 1 9. Matet and Dralnaae - appfosizate location of all aaletlal of proposed cfeekst poneat laker, fleodplalsSt *that vatet Mention or awJor dtainaye taeilltles and impra ea»nta. (Shove on coacept of detailed plan.) 10. otilltias - loeatlon Of all sr)of Nwert MAW or electrical limas and facilities. (shown on concept of detailed plan.) ll. Location of ttees 34 in dit"tef - sia (6) feet ffoo yf0444 level. (Shown on concept of detailed plan.) 17. Open space - location and also of 61ee6lelts, pafkSt Cowen and recreational areas. (shown on concept es detailed plan.) e 11* seteenlal - locatient type ead also of all temoset beer of seraesinS !..tares. (shown en concept of detailed pia.) 60-0" high concr,t• fanca_alene north property line. 14s Devslopant Schedule (ooseept plea) - skoviM spaUls date detailed plea vlll be suDsittodt date to start coastfactien ad dempleta aoMtraotlont and fats of developments All data sbeald iNiate moth sad ywfe i AMMONAL ft MUSM RS M A DRUILSP PLAN 1!s Leadsospiag Plea - @4301 teatues ead type of 14,0602041 to b4 000de hnd•esom aera~n cenaiatiae of mymrerun- rua_en nerth_oroomrty ling and a total of 7.374 a.f. 01 tjLiv land•gAeaid dam. 1 I~ r Devsloiaent Standards gage 4 is. signs - show location, typo and also an detailed plat othetvise, signs oust conform to A01916 11 of the 8061111 Otdinancs. 17. sidewalks. (Shown on detailed plan.) 1S. All infofastioa tequlted foe p9411811449Y plat in seeotd"ce With Appendix A (Deatoa Development code) of the code of Ordlsasess. IA wpauts plat is 1"Utred.) 19. Development schedule ldstalled plan) - ledlatist Start dad oempletios 01 coestruetios dad the fete of dwetopsst. All pas should iadlato 608th and year. Asp2r2Xal of detailej,plan t?y__ CI~C +n1+tr, lasa+ 9t rt n ■trnntfen . .Tan++~rY R. rasa. Pn ~Lfy~~ Construction - July. 1989. u 1/ST 1 i xJ ORDINANCE 40. 69-34 (Continued) and said taxes ere to to massed and callatted for the Purooses hereinafter stipulated as follows, to Witt (a) For the G0era1 Fund allocation on the $100.00 valuation 1.6501 (b) For the Interest and Redavvtion Funds on outstanding bonded indebtedness on the 1100.00 valuation .8199 Total Allocation of Levy $1.SU That the City MIMA"P shall cause SECTION Ill. rryylt copies of tqq be filed with Comptroller Ci lisr socreta Publhe County Clerk of Dan art ounty and the SECTION lV This ordinance shell be effective fmmedrately upon its Passage. PASSED AND APPROVED thi~s~/iSah Jay of September. A.D., 1969. (S. NELSON OSON,10T[~ AS CITY ATTESTt C1 EN~ON, i 1A3E'P I APPROVED AS TO LEGAL FORK: CITY OF OEATON, TEXAS a a • f ORDINANCE 00. 69-15 i AN ORDINANCE AMENDING THE ZONING MAP Of THE CITY Of DENTON TEXAS, AS M W ADOPTED AS ANMO NI[K TO CODE OF ORDINANCES Of THE CITY OF DENTON, TEXAS, BY O0010AnNCCae N¢,•d9• AND AS SAID IW APPLIES TO CERTAIN PROPERTY XNOW AS CITY LoooTS 11 AND 12 OF CITY BLOCK 2651 CITY LOTS It 2, 3 AND 6 of CITY BLOCK 263 MO CITY LOT 13 OF CITY BLOCK 27% AS SHOWN ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE MTICIA.AALY OE$CA11E0 BY PLAT 10CORPOAATED HENEiNI IND DECLAAIN6 AN EFFECTIVE CATS. THI COUNCIL OF THE CITY Of DENTON, TEXAS, HERLS1 ORDAIMi SECTt4N t. That the Zoalna Map of the City of Denton Texas, adopted January 16, 1969, as an Appendix to the Code of Ord1nances of the City of Denton, Texas, under Me provisions of Ordinance No. 69.1, be, and the sear is hereby amended as follows All tM hereinafter described property 11 hereby removed from the W • Agricultural District &I shown on said Zoning Map, and all provisions of ordinance No. 69.1 adopted the loth day of January, ORDIRMCE 40. 69.35 (Concinued) 1969, as amended, shall hereafter apply to mid property it "PD" Planned Development District according to, and subject to, the below conditions and requirements, and to the plot attached hereto and made a part hereof for all purposes, and being generally described is all that certain lot, tract or parcel of land situated in the City and County of Denton, Texas, known as City Lots 11 and 12 of City Block 285; City Lots Is 2, 3 and 4 of City Block 283 and City Lot 13 of City Block 27610 at shown this data on the Official rax map of the city of Denton, Texas, and being the same property described in the attached plat (located in the 1700 Block of Dallas Drive), which conditions and requirements are is follows! 1. No building or other structure shall be constructed on or across existing lot lines sham on the attached plat and on future replits, nor be closer then the front, side and rear yard roquirement stated in the Zoning Ordinance. The terns "lot Lines" as used In this ordinance shall mean the division lines of any shown lot or parcel of land which circumscribe an area within the attached plat. 2, lot tines shall be changed only by nsubdividing or replattint,in the nenntr provided by the Subdivision Regulations, In Article 13.03 of Appendix A to the Cade of Ordinances. 3. Whom a tract or parcel of land is resubdivided or replatted, any and all additional rights of way and easementt which are dined necessary by the Planning and Zoning Comaiseion shall be 3 dedicated by the perton resubdividing or replotting the land the send h is if the tract or parcel were being originally subdivided. 4. Each lot or tract shown on the attached plat shall be limited to one structure only regerdleea of the use indicated on the plat, until sae is further Platted within the delineated areas shown on the attached plat, and each such plat shall show all proposed building sites, building set back lines froe each street end abutting property, all utility, street, allay end access rights of way, end drainage ways. Upon the dedication to the City of all needed streets, allay ways or eeaednts to serve sw, and upon the cowoletion of the paving of all streets abutting such property. and needed to gain access thereto, at may be requlred by the Flemming and Zoning Com fission, such plat shall ba liled of record along with the general plat attached hereto upon its approval by the Planhing and Zoning Cowlstlem, I r J L ORDNANCE NO. 69.35 (Continued) Building permits will only be issued for those areas shown on the detailtd plat as building areas within the Set back 1041. 5. When a tract or parcel of land is resubdivided or platted as described In the paragraph above, any and all additional rights of way and casements required or deenxid necessary by the planning and Zoning Commission shall be dedicated by the person resubdividing or platting some, is if the tract or parcel were being originally subdivided. 6. All provisions of Ordinance No. 69-01 (Zoning Ordinance) of the City of Denton shall apply to the property within the attached plat to permit the toning uses indicated thereon, by shading or otherwise, and no other restrictions than those found for Bich such use district shall apply, nor shall any other use then those permitted by the respective toning district be prinitted within the areas to designated on the attached plat, and the toning district areas so defined shall not be changed except by amendment of this ordinance. A plotting or replotting of any area shall not affect the uses permitted within the respecting.districts shown an the attached plat. 1. All the straits, easomnts, alleys and rights of way indicated On the attached plat have been properly dedicated, or are now hereby dedicated, to the City of Denton, and the same are hereby accepted by sold city for ovh'+ie purposes. 0. All streets shall be paved as required by the planning and Zoning commission prior to the issuance of any building permit, !!!I and all paving shall be done according to the specifications am file in the office of Comeueity Developtent, and under Its direct inspection i and supervision. The paving width within the designated street rights of way shall b, Ai required by the Director of Community Oevelopment, provided that the umuel atandarde for some be followed. 9. All ordinances of the City of Denton and taws of the State of taxes shell be complied with, and all regulations regarding the subdividing of property are Web$ expressly ode applicable hereto. 10. No building permit or certificate of occupancy will be issued until the pertinent conditions stated herein hew ban complied with. ` 11. The following building and use restriettone shall apply 1 ♦v- ORDINANCE NO. 69.36 (continued) to all lots designated for tingle family residential use only an the attached plat, and same shall be Included as deed restrictions an such lots, along with any others Imposed by the developer consistent with the Intant hereof, and with all Applicable laws and ordinances; provided that the following restrictions are deemed minimal only, and any greater restrfctfan imposed by the developer shall prevail; t0pwlt: A. All lots in the "single family" designated area within the attached plat shall be used for single family residential purposes orlciroortsrittathed,nandnnocesstaryyunoutbuildingshfornsinglpe family use only) proviad, however, that dou0la or triple garages may be detached from ti:e residence but shall not be closer man 100 feat to the front lot 1041 any of theb?at% In such"resident aliarea having erectedor r1200 iqusn feet of floor span, exclusive of gorage and porches. c, Na building shall be located nearer than eight foot to any side lot lire! nor nearer than thirty-five foot from the front property line, nor nearer than 16 feet to any slda street lines d. No trade, business or commercial Activity shall be carried on or located upon an lot in such dasfgmitad arcs, nor shall Anything be done thereon which may become an annoyance or nuisance to other residents in the same area. line. 'e. Water and sewerage connottfans shalt be made at the property or hogs, hope# or horses,,orturkeys other°livestock of any cttle,ihog shall ever be kept or pomitted on any ;at or lots in such arts. g, No trailer or tse° upon any lot fn such area or used is asresldence In such area.placed I binding onhthe Aria lot owners, Malt sueassorthe s orathilfrdhelps be ex/eut°rt, adM nlltrAtors and Alelpns for a period of tan years from Septeatr 23, 19N, continufn9y until September 22, 1919, inclusive, at which time such covenants thelI be auto.atitally extended for successive tam MorroffW unless It Is agreed to change fail covenants in whale or In part, i. If any owner of a lot or lots In said designated arts, or their helm or assfppno shell violate or Attempt to violate any of the Covenants or restrlctfone horolo contained, then it shall be lawful for any other person owns real dr rt in said twit noted sell, to pprostwo any protwinlngs, fn lea or fn equity, ogotnit such Via item or attempted violatAre of slid covenants, And to either prevent him or them from so dol"g, or to recCwr damps for such violations, court order, shalllInanav°nlsefafany fectf&m ! other provisions hes oft sAlch shall remoln in full faro and effect, rha owner And/or avelopor of the land daterfted in the attached plat, for And to "Ifderation of the granting by the City Caunell of this aonfng clesNffeation on the said property, date hereby bind I :JJ ORDINANCE N0. 69.75 (lantlnued) Itself, it: successors, executors, administratops and assigns to fully comply with all of the above described terns and conditions for thi use of said land as long as this Ordinance shall remain in effect, and the sold developer and/or Owner understands that without full and comgleta campllance on his part with the said toms and condl tlons the uses permitted heroin and hereby would otherolsa be prohibited under the Zoning Ordinance of the My of Denton, sad in ardor to secure this amendment to the Zoning Nap to make such use of the aforesaid land, does hereby covenant that it will fully and completely coply with the terms and conditions herein mentioned, that this covenant shalt run with the land, and shall be binding upon Itself, Its heirs, successor$, executors, administrators and assigns, that upon breach of this Covenant this Planned Development District may, at the city Councils discretion be made null and Vold and thereupon said property shall once mops become subleat to the regulations applicable to property in the "A" • Agricultural Zoning District under the terns of the toning Ordinance of the City of Denton without any right on the part of Itself, Ito helps, succe yon, executors, administrators or assigns to continue the grilopnent of sold premises as planned. S[CT ON tE . That the City Council of the City of Denton, Tom, hereby f comp inds that such Planned Development District is in accordance with a of tMhCity ofp0entOn, fall,rind Witthpn ionAplthconifdiNt10M, A onq other things, for the character of the land and for its peculiar s of the hms And uitability or peculiar uses and with a Wffew to comservfmi the value vicfnl ancouregil" it,@ mostlap>roprfat.euses oftlandprotecting frhaaximo btMlltnto the City of Denton and its Oitinns. S CTfON~,1• That this ordinance shall be in full fora and offset i imseallHoly after its passage and approval, the nga having hereto'ore been held by the Planning andiloelnubComk hear. eflafon area vra City Council Of the city Of Denton, taxes, after notice thereof. 4tvfng dw loot. PASSED AND APPROVED this the 13rd day of Septesber, 1, 0. ATTESTS CITY Of Oia. TEXAS CITY aP DCN tw APPROVED AS TO tEGAI. FORM: i ltECCIY~u JLI v ^ e.Ir-r I a r I {•r I U-M at c Im -71 N*OC* MAO pp~~~q_ .w ntti IriN~ ~rr~ ~-I -at" ~ / warr+e p, qy ►,p w-r Amts L"nee ww / =Tl I~ I'IAm 4•,r oo.c SERHCE ROAD PEP AOYS - DENTON raw ti i i Klmley-Horn and Associates, Inc. 12660 Coit Hood. Suite 200. Dili Texas 75211. (214) 34e-7007 Paq~On, Cnlriolta Naahnlo, Ylrana aeaen vnanni on, DM4a Dhoania 'Nrrot 0eim 6 W K Tam oa 04444 k laun.nua W ra 11"m iI myna, Smut TECHNICAL MUIORANDUM To: George Weatherall From Kitnley-Horn and Associates, Inc. - Dallis, Texas Subject Noise Study - Pep Boys Site in Denton, Texu I Date: October Is, 1988 Pursuant to your request, Kimley-Horn and Associates, Inc, conducted a limited noise study relating to the proposed Pep Roys development site in Denton, Texan. The site fronts along IiterMAM 35E and is located between the Mervyn's department store what of the Golden Triangle mall r nd the Wolfe Nursery. The purpose of this study was to determine the likely noise impacts at the proposed Pep Boys site and the appropriateness of a sound barrier wall with adjacent trees at mitigating these Impacts. In conduetia this study, selected noise level readings were taken it rtsree locations durinll the afternoon and early evening hours of a weekday. These three locations wrrs the propKosed Denton Pep Boys site and existing Pep toys loutloas In Plano and Garland. The uriaelpal Doia geaerator,< were ldentified, and noise levels, both peak and ambient, were recorded. The polna where the actual readings were taken were chosen to approximate the location of the proposed sound barrier wall adjacent to the residendal tracts east of the site. The following table summarizes the noise levels that were found at each sits, t Noise Level Summary 1 Denton (proposed) Ambient 3ME Peak dads Garland (existing) Ambient 634111 Feak 7EdR Piano (existing) ambient WO Peak 73d9 Buildrng client relefiomehipa slice 19 17 At the proposed Denton site, noise levels were dominated by the freeway located directly to the west. Peaks occurred when large trucks had to negotiate the significant grade at that point o++ 1-35E. The existing Garland site Is also adjacent to a freeway, interstate 635 in Garland ii much t osier than 1- 35£ at the proposed location, and it drives up the ambient noise levels. Peaks at the Ga, land location occurred during the operation of shop equipment. The existing Plano location is not t rated rear a freeway and consequently its ambient noise level was lower than the Garland site. Pea( noise ".evels In Plano also occurred during the operation of the shop equipment. Figure 1 illustrates the mechanics of sound erulssions and the effect of noise barriers. It also shows hvw the difference in elevation between a predominate noise source and the noise recei rer can relate to the effectiveness of a noise barrier The placement and design of noise barriers trust take into account both the behavior of the generated sound and the source that the barrier will actually help In attenuating. While the actual amount of noise that can be expected to be mitigated is highly dependent on the precise location, a USDOT-FHWA manual, "Fundamentals end /.basement of Highway Traffic Noise", shows that drops of up to IOdH can be achieved by a properly installed and designed noise barrier wait. No specific ranges are listed for trees, but it can be usumid that while they would have a dampening effect, it would be somewhat Iasi than the proposed will due to specific effects of wind, temperature, and ground reflection. Several specific meawres are recommended to old in mitigating the noise impacts from the proposed site. The proposed sound barrier wall and trees along the out property line should b. effective at reducing the noise to a more acceptable level for the residential tracts directly east of tie site, when combined with the sound dampening of some shop equipment. The residential area south cf the previously meotloned tracts Is a greater distance Crom the noise Benereton, and therefore should require is extensive mitigation measures, The current plan to D1ant trees in the islao+b on the a sat side of the parking lot should improve the noise IeveU to a degree for the area not directly protec,ed by the wa1L Tha completion of the expansion of the Motvyn's deportment store at ^t future date should serve to attenuate noise directed out of the ahoy bays toward the residential tacks to the southeast to a degree, It should be noted that the height and type of tree to be used at sack location is dependent on the topography and degree of noise attenuation required at each loco ion. i f 9zeloo.m«a 9261.00 t•04 IF ==77- o~ 1 A^q{~ A w0 , SOUND SOURC4 ~`1 p1iFR1C'KO i~ sOU~tO IV' RIOtwiR dCtL-~ 7CA►i. EFFECT OF NOISE SARRIEFIS ' I ru+w a.awt0 ~asvwttd YLIM 4or Ira o AH - - b►tRW1. EFFE07' OF FREEWAY ELEVAYION ON NOISE PATTERNS FIQUIls i l - - z PROPERTY OWNER REPLY FORMS CITY COUNCIL IN FAVOR IN OPPOSIITION UNDECIDED Sitzmark, Inc. M. H. Hooper P. 0. Box 26105 1216 Olmos Creek Fort Worch, TX 76116 Denton, TX 76205 Bobby Scott 1504 San Gabriel Denton, TX 76205 Denton VII Joint Venture 4811 Broadway Dallas, TX 75248 A. Beevers 1516 San Gabriel Denton, TX 76205 Royce Weddle 1512 San Gabriel De; ton, TX 76205 Robert Devine, Jr. 1509 San Gabriel Denton, TX i J. Stanley Goodwin 1520 San Gabriel Denton, TX 76205 { i Property owners not on mailing list. j i Mr. & Mrs. Gerald Ricks 1413 Sandy Creek Denton, TX i Bullitt Lowry 1500 Angelina Bend Drive Denton, TX 76205 Dan and Carolyn Coward Denton, TX 15 Reply Forms mailed E. E 1 i V a 2~t -WrcI?~ Zf 203• t3 ~tv2 tb?.ct~ Id>to <mn Er~nel ~r~T 5~a+tfErr Erxdwri I ' f 1510 virtu f71+~xre! 7a r" Tir 7&261 - l110 ,v, I ~'er~0+1, lt, 1/ito/ q/to3-g 3rtoLr~iKcv 17x2 Zia 1, A-Wdle r~12 y~f Er~lel W(" to 1~~o r ~/2b3 o Ira ~at~rl3m ~~13 froarl,,~y 8~ aa~ r Yr ~ 61, eme~+i- ~a, Iwo 010 ihdt7 'fks,t ~1i- '60, V, E P/ to If aim fglz, ve,i ~~JIOIICB~L i. i mag ryaq Oft 6ebvrcl Pt IWO) t I V r~~ ZoFZ JIl2E~ r3 ?~vBGr+co tJ~a~t J-I• Ncc~r 12{r! Gilsioy Creek t7tfctt ,T><. 74o! IZ~ fN r~ vtoruo QrrJacrc~ J; &AM(4 nKaufos Creek ZVI 13 j 2~5 6 3~wZ~r 30o ~ItaB Awes a •J J'Yle(Cr'~c~ a), 6 ~~O IA 6uldaf 64. Igeti6i 1>r, 1tw b h~ 2¢~i ~qo f~GO Qo !r~ ,oe I 1 eit~t bogymriI pr, 'DGu t~ , K ?G?o 1 I b~ZS3 G 3gp-3o rt'se~a C1~i0h 4k 6*) h~ev olives Ime, y ~~~fu.~elc /~rrkyle ,Tr. ?Gtt!G rR~Z63G sfio3clkao ~arrne r7aly , ~~%.~.~_r ~ l5or 'Coo C73bv41 l7tsi(ort , r~. 1s7or M I ?o/tb3 c. ?rrio 3oxvoo !~►ulvuv N dio 5wOx1A 14r3 0+1 CIAMm f !7F' i 4ctif~►t ,fix. 7~~r o f Ilk A. W ZA $405obgs (IRdl 6lia Hb~ Cxfcfeit 7rrk~e ~S, v. i (1* OA -silo) 9o t ?~Io5~9 talk A, W 9 L Ibol f1e02s f1p. '71kivor1c Irtc . P.O. -A" ?I ro 5 a 1 I V I Minutes ' Planning and Zoning Commission October 26, 1988 The regular meeting of the Planning and Zoning Commission of the City of Denton, Texas was held on Wednesday, October 16, 1988, at 5:00 p.m., in the Council Chamber of the Municipal building. Holt, Present: WilliEngelbrecht, am Kamman, Etna Ivan KlUlassccck, ker, and Fran Judd Morgan Absent; Euline Brock Present From Staff; Frank Robbins, Executive Director for Planning and Development; Elizabeth Evans, Planning Administrator; Harry Persaud, Urban Planner; Cecile Carson, Urban Plan- ner; Owen Cast, Urban Planner; Joe Motris, Assistant City ` Attorney; Jerry Clark, City Engtneer; Rene Baker, Civil r! Engineer; and Uonna Baker, Secretary Vice-Chairaan Judd Holt called the meeting to order. I. Minutes. It was moved by Mr Glasscock, seconded by ,dworknsession .arried 19ygore the minutes g of the It was cored by Mr. Glasscock, seconded by Ms. Morgan, and unanimously carried (5-0) to approve the minutes of the regular meeting of September 28, 1986. I It was moved by mt. Glasscock, seconded by Ms. Morgan, and unanintisly carried (6-0) to approve the minutes of the regular meeting of October 12, 1988. 11. Consider on calculationslforastudy marea a/l ato tAppendix the A, Dent y Development Plan. STAFF REPORT. Mr. Persaud stated that staff had presented at pre- pared eAppendix eAWTask dForc e ensHeys al:dhthata he was resenting study area gti as a part of Appendix A in the Denton Development Plan. Area 11 Includes a rectangular shaped tract of land that is bounded by University Drive, Collins Road, Mingo Fishtrap Road, and Cooper Creek Road. Mr. Persaud said that the Appendix A Task Force recommends adding to Appendix A of the Denton Development Plan. The Task Force did recognize that there was a large acreage of light industrial zoning in the low intensity area which tends to place the area above capacity in terms of intensity trips. Ms. Morgan asked if the intensity would be reduced. no and that the area is 107 percent over the Mr. Persaud said intensity standard based an existing land use and 136 percent over based on the current zoning, DECISIO14: Mr. Engelbrecht moved to recommend approval of the l boundaries. Seconded by Mr. Glasscock and unanimously _ carried (b•U). rill. Public Hearings ; A. Consider making a recommendation on the petition of pep Boys of California, Inc. requesting approval of ■ de- tailed plan ►n an existing Planned Development District (PD-6). The property Is located on I-SSE in San Jacinto Plata Shopping Center adjacent to Wolfe's Nursery. If eivice proved, property ande automobile parts stoner an automo>Sle s Fifteen notices were mailed to property owners within 200 feet; one reply form was received In in favor, six reply st. forms were recei,n tlats werennotnon3thepmailingsliwere received in opposit i I , P6: minutes 1 October 16, 1986 Page 2 SIAFF REPUdI: Ms. Carson stated that the petitioner, Pep oys, was requesting approval of a detailed plan in the San Jacinto Center along 1-SSE on a 1.717 acre tract. She stated that in 19b9 the property was zoned for planned development. Planned development•6 includes f!1 residential multi-family, cluster, and retail/office land uses. Several amendments have been requested and ap- proved. She said tnis petitioner was scheduled for public hearing on October 12, 1988, however, the Stem was removed from the agenda at the request of the petitioner. Ms. Carson continued that the property is located in a iow intensity area according to the Denton Development Guide and is 51 percent over the intensity standard based on existing land uses and 169 percent over the standard based on current coning. She said that while the disppro- portionate share of intensity policy was not applicable in 19b9, a disproportionate share of intensity was allo- cated by approval of the original planned develn.ment. II Ms. Carson stated the proposal is for 13,169 square feet f of retail, 4,730 square feet of bay service, and 1,575 square feet of storage. She said that with tha site of the facility, Pep Boys would be able to furnish repairs for up to ten vehicles at one time. Ms. Carson said the detailed plan meets the requirements of Article 11 of the Appendix b, Zoning, of the City of Denton Code of Ordinances. A screening device, a six foot solid concrete/masonry fence, is proposed along the boundary of this site between the site and the adjacent residential property to the north. Ms. Carson stated that in addition to the six foot fence, trees would be planted along the screening device to further eliminate any noise from the automobile parts store and service center. Ms. Carson stated that staff had visited three other Pep Boys in the metroplex and found one to be adjacent to a residential district. In discussions with the surroun- ding neighbors, there were neighbors that did have com- plaints about the business. She added one problem was that staff had viewed work being done on cars outside the building. t Ms. Carson stated that the detailed plan meets the land- scape ordinance requirements. She said landscaping is fi provided throughout the tract and signage will include one ground sign and wall signs on three sides of the building. She continued that the neighborhood preserve- tion policy of the Lepton Devclopment Guide may apply in this case. Ms. Carson stated that some traffic problems have been eliminated by the proposals. In an effort to improve traffic circulation, the detailed plan would eliminate I one access to the service road. Stacking has been pro- vided at entrance and exit points. Ms. Carson noted that part of the landscaping Is located in the City's 15 foot utility easement located along the tocbeodoneelRrthereisemrnt,eitawouldme' thekrewas sponsyuired bility of Pep Boys or the owner of the property to replace any trees that were removed. Ms. Carson added that because of the number of reply forms received in opposition, a 3/4 majority vote would probably be necessary to approve the case by the City Council to be passed. She said for clarification that state statute requires that the City Council approve the zoning request by a 314 majority vote if 10 percent of the immediately abutting property owners are in oppo- sition to a request. 4 P6Z Minutes uctooer 2b, l9Bg Page 3 Ms. Kiker asked if Ms. Carson would clarify the require- ments for access. Ms. Carson stated there is currently an access that ties into the 1-35 service road just south of wolfe's Nursery. The proposed planned development would eliminate that particular access and there would be an access further south. PETITIONER: David bird, 1122 w. Washington, CA, rep- resenting ~Pep Boys, gave a short presentation on the operations and activities associated with Pep Boys. Mr. Bird stated that auto parts would be available for the individual who did not want to use the service center facility. Tom Orendain, Orendain Associates Inc., showed a slide presentation and stated that the petitioners have worked with the Engineering Department to provide an adequate solution for the traffic problem. a said that he did not want to cause problems but felt that since the Denton Development Plan was not in effect at the time of the application, the detailed plan was an excellent solution in solving some problems. Mr. Orendain continued and said that the pp1811 has pro- t vided for improvement to the noise that .he surrounding neignbors were hearing from 1.35 by proposing a 6 foot hi h concrete wall with 34 trees along the 370 feet of wa~l. IN FAVOR: George Weatherall, 2001 Bryan tower, said that e was speaking for the company wnen stating that they were in favor of the project. OPPOSED! Royce Weddle, IS12 San Gabriel, stated that he was an adjacent neighbor and did not object to the auto parts store but did object to the garage. He stated that 4 he was president of the Township Il neighborhood associ- atlom and the neighborhood has held three meetings regarding this project and are in opposi.ion to it. He asked for all of those opposed to stand up. Approx- imately twenty people stood. Mr. Weddle stated that he had brought a tape recording of an impact wrench and the noise that Is accompanied with it. He played the tape for the Commissioners. He added that the noise from the freeway was not as outstanding as the noise from the impact wrenches. 'These impact wren- ches would not only be used during the day but would also be used ■t night and on weekends. i I Mr. Weddle asked the Commission to deny Z•S8-016. Mr. Holt asked Mr. Weddle if the coning or the neighbor- hood houses came first. Mr. Weddle said that some of the homes were already existing at the time of the zoning in 1969. Harold Harkins, 1405 Sandy Creek, stated that tee mall currently has three service centers that are not next to residential areas and that are secluded from the rest of the mall. He stated that there were enough service cen- ! ter$ in the area and felt that if Pep Boys wanted to come into Denton then the petitioners should look at another area of town. Billy Harkins, 1405 Sandy Creek, stated that she felt the trees would not be able to block the noise that would be resulting from the service center. Bullitt Lowry, 1500 Angelina Bend, stated that he takes neighborhood preservation seriously and the high level of noise should be considered by the Commissioners before making their decision. F" I PA2 xinutes October :b, 1988 Page S Barbara Owens, 172U Emery, said that she was not from the immediate area but felt that the Commission should also consider the lighting that may become a problem for ine adjacent property owners. She said that the privacy factor would also become a problem for those that would like to have family gatherings or such in their backyards. RECOMMENDATIOS, Ms. Carson stated that the trees that wou be useZ-along the concrete wall would be ever- greens. She stated that the concrete fence that was shown in the slide presentation would need to be reviewed before allowing that type of fence. Ms. Carson stated that staft recommended approval with the following conditions: 1. A minimum six foot solid concrete/masonry screening device between the site and adjacent residences shall be constructed prior to issuance of building permits for construction of the main building. 2. Landscaping shall be Installed in accordance with ordinance 88-104. Mr. Engelbrecht asked if there were requirements for closing hours for such business. Ms. Carson stated that according to the Code of Ordinances, music, loud noises, etc, are not permitted between the hours of 10 p.m. and 7 a.m. She added that staff had discusses the hours of operation with the petitioner. The Commission would be able to state that the bay doors be closed after a certain time and on weekends. Ms. Kiker asked what construction materials would be used for the building. Ms. Carson stated that the project would be constructed with concrete/masonry stucco appearing materials. Mr. Holt asked why the property was being processed as a zoning case when it had already been roved planned de- velopment. Mr. Morris stated that the planned develop- went was created in 1969. However, one of the require- ments of the current ordinance is that a detailed plan be submitted for approval if the property has hot been developed. He stated, therefore, the Commission must 1 make a recommendation on the detailed plan. REBUITAL: Mr. Bird stated that the petitioners tried to design the project to prevent the noise from carrying over to the neighbors. He stated that he felt it would generate traffic but not an uncontrollable amount. He added that the noise created would not be as much as the noise generated from the freeway. the possible lighting problem would be solved by proper lighting that would not spill over to the neighbors. Ms. Morgan asked about outside repairs being conducted, as was mentioned by staff. She asked if that would be occurring at this location. Mr. Bird stated that it is in violation of the store policy to be conducting busi- ness outside of the service center and should not be date. Chair declared public hearing closed. DECISION: Mr. Holt stated he could see three problems w th t e proposal. Outside activities being conducted, lighting, and the amount of hours open at nights and on the weekends, he stated that he felt it was a nice look- ing business bu*. felt that there were other possible locations that It could be that would be better suited for this type of business. Mr. Holt stated that the project may not be as loud or as bright as the neighbors had described, but if the oppo- nents were right, it would be hard for them to have 1 P&Z Minutes October 26, 1988 Page 5 to live with. He added that once the building is there, that it remains. Mr. Holt moved to deny Z-88.016. Seconded by i Mr. ]ngel+•recht and unanimously carried (6-0) to deny. B. Z-85-020. Consider making a recommendation on the petition of Safety Kleen Corporation requesting an amendment to Planned Development-18 and approval of a concept plan on 19.0704 acres which expands Planned Development-IS to 24.4 acres. The property is located at the snutAeast corner of Cooper Creek Road and the Texas and Pacific Railroad and Mingo Road, the property is currently toned agricultural and planned development Inaustrial and a-re fully described in the Moreau Forrest Survey, Abstract No. 417. If approved, the property may be used for industrial uses. Thirty notices were mailed to property owners within 200 feet; six reply forms were received in favor and two were received in opposition. SiAFf REFURT: Ms. Carson stated that the property was + toned planned development on June 4. 1974. Ms. Carson stated the property is in a low intensity area and the area is 7 percent over the intensity standard for tee area based on current land use and 36 percent over the intensity standard based on current zoning. ►u. Carson said that based on the City's policy of proportionate share of intensity, when intensity in an area has already been exceeded, then the proposed land use should be evaluated in reference to the least in- tense, most logical land use for the property in the area. Ms. Carson stated that there are several public Improve- ments that must be addressed before construction on the site. Ms. Carson added that the econo0tc development policy of the Development Plan may be applicable. The policy indicates that if the proposed use generates more than 51 percent of the business outside the City of Denton then the use may be considered under the policy. According to the information from Safety Rleen Corp. about 99 percent of the product will be directed or transported out of the city. Mr. Holt asked if landscaping would be required. ` Ms. Carson stated that a landscaping plan would be required with the detailed plan. i Mr. Mike Cochran asked whet the product of the company was. Ms. Carson stated it was recycling dry cleaning and similar materials and stated that the petitioners could provide additional information. ?ETITIO74Eii; Tom Jester Jr., P.O. Sox 280 Denton, stated he was representing safety-Kleen Corporation. He stated the addition would be for the employees of Safety•&teen to have a lunchroom and locker room and would also in- elude a warehouse for the company. He stated that the expansion would create 70 - 80 new jobs for the city. He added that the project would cost $IS million and would be entirely safe to the surrounding neighborhood. Ms. Morgan asked what the operation of the company was. Mr. Glenn, plant manager, stated that the company takes waste cleaning solvents, considered as hazardous waste, and processes it in order to return the materials back to the field for use. He stated that the company is highly regulated by the state and the expansion would help take care of f-wastes such as paint thinners and chlorinate solvents. i r t V I I I i V t f I i I I 1 I I I 1 1 NO DATEt 12/13/68 CITY CUUNCIL REPORT FORW TO: Mayor and Mcmbers of the City Council FROM: Lloyd Y. Harrell, City Manager SUBJECT: PUBLIC HEARING AND ADOPTION OF AN URDLNANCE FOR Z-,88-U21 RECOMMENDATION: Planning and Zcning Commission recommended approval at its ` September 28, 1988, meeting. SUMMYI The request will permit development of 68' x 12U' single family lots for detached residential use. The property is currently zoned for 45' x 12U' single family lots and cluster housing at 12 units per acre and one 80' x 120' lot. BACKGROUND: i Planned-development-6 was originally approved in 1969. Several amendments have been considered since 1969. In 1984, an amendment to this section was approved allowing single family development on 45' x 120' and 80' x 120' lots, cluster housing, two family and open space. PROGRAMS, DEPARTMkN TS Ott GROUPS AFFECTED: Twenty-two property owners within 200 feet were notified. FISCAL IMPACT: No impact to the general fund. 4es,eMaj. ly suba itted: 4 Prepared by: ger r 1 U,4 l.(, C/ ate Cecile Carson UrLan Planner Appr v WAMW an H. Rob ins Executive Director for Pls~ning and Development 1045e I PLANNING AND ZONING COMMISSION RECOMMENDATION TO CITY COUNCIL To: Denton City Council Case No.: Z-88-021 Meeting Date: December 13, 1988 GENERAL INFORMATION Applicant: Siepiela Interests, Inc 1675 Dallas Parkway, Suite 290 Dallas, TX 75248 Status of Applicant: Owner Requested Action: Amendment to PD-6 and approval of a detailed plan on 5.7 acres Location and size: The r northsidetof iWilderness aStreet. the east side of Timberidge Street, and the west side of Kenwood Street Surrounding Land Use and Zoning: North - L.I. - industrial and vacant South - PD-6 - residential East - PD-6 - residential West - SF-16 and SF-10 - residential Denton Development Guide: Low Intensity Area SPECIAL INFORMATION Transportation: Property is located on Colorado Boulevard. Wilderness, Timberidge and Kenwood Streets are existing residential streets. Utilities: Adequate water, wastewater and electric utilities are available. Drainage: Modification of drainage improvements will be necessary due to ceparate lots 42R - 51R being created. Drainage will be directed to an easement along the boundary of lots 47R - 51R and then to Colorado Boulevard and the greenbelt area. rase 2-88-021) Page Two HISTORY Planned development-6 was originally zoned in 1969. Several amendments were considered in the 1970's and 1980'x. In 1984, a concept plan amending PD-rheas approvedevelopment d on 56.027 acres which included this property. Following uses: single family - 45' x 120' lots; single family - 80' x 120' lots; cluster at 12 unite per acre; two-family; and open space. ^ 1 ANALYSIS r-- The property is located in a low intensity area currently 51% over the standard n,In based inc,,eeasing lot oveL the based on z zoning. . fora units, request would gamend dtheiplanned hdevelopment as follows: zoning Proposal Lots Lots 1-22, Block A 45' x 120' SF lots 68' x 120' SF lots to Lots 1R-15R Lot 23, Block A 80' x 120' SF lot 6P' x 120' SF' lot to Lot 16R Cluster at 12 u/a 43 Lot 68' X 120' sq. lots to Lots 42R-51R In addition the existing planned development requires minimum 30 toot front, 7 foot side, and 10 foot rear yard setbacks for the single family uses, The amendment proposes minimum 25 foot front, 5 foot side, 23 foot other side, and 10 foot rear yard setbacks. I Low intensity areas are the primary residential areas in the City of Denton. The proposal violates no Development Guide policies and is an improvement in the design of the planned { development. f The ddeta al rlrmer,~s of LeAppendixitallan Bedzoninq~eofsthelCodeuofe0rdinances~ticle It of V RECOMMENDATION _ Flanning and Zoning Commission recommends approval. _ ` k (Case Z-89-021) Page Three ALTERNATIVES 1. Approve petition 2. Approve petition with conditions j 3. Deny petition ATTACHMENTS 1. Location Map 2. Detailed Plan 3. Utility Plan 4. Development Standards 5. Ordinanc3 84-132 d. Reply Form Totals 7. Mailing List 8. Minutes of the Planning and Zoning Commission meeting of Septemtar 28, 1988. i 1 t { i f s' S 0920e I 4 1 f 10 Z 88 021 N011TN EMRMIM umdu OLJLJO OAS 11. -7 c 1 UUU _ !]v Lo 511 1~ R . owl all WON Al[ W` MbTA NA Y A 7 OR. . wroi ilun«, st 001~~ L RY ~ C Cj\ t LI zoaMg II ~ r be'raroti A~~ eel w✓u eta m ro x r ~a / - e w ee* ply fi~gg,,.. 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MMh III/e~ Na'V Ard&f er.r•.•ry AAJ+&/ A/r+,b e 4 a+0 wo, "V, 1 s 5a' Jews • LY►Y Or AINIpNr Q6V1tlW CgWNY rd/RAJ - dlga CMr.% Jan: 1w Marla 6•YNeu nVnArer/•n L~t'e4o;~IZr IyrN GYNf rbV eWh re0 e v 'v ® ecd r~ir, 77nfh,,w cawJ, wa! ve[se exv~J n,~yt.Acwro ler"rov Mu ❑ la0f tr f r. rr6r+l Nda (e"/ f36rlAO (N)" RSLJau MlL7 ata rsaa eJJjJJo Jyhm~ rlJe G Peet fool IF NOW -9MPF-w- i Woodlands of Township II DEVELOPMENT STANDARDS CONCEPT PLAN DETAILED PLAN 1. Statement of Intent of Owner: The Developer would like a more uniform product line than is allowed. He is re- questing a revision to the PD site plan to allow him to replat some of these areas of smaller lots and cluster houetng to wider single family lots. 2. Statement indicating Relation to Denton Development Gu!,des This Project is in compliance with the development fluids. 3. Total Nuatrer of Acres in Proposed Districts I 5.7 Acres ` %and Uses Ind Total Number of Acres in Each Parcel or Tract: Total Proposed Acreage a. Single Family Detached 5.7 be Single family Attached (towr`ousss, muster, ate.) C. Attached Patio/Garden/taro Lot Line _ d. Duplex s. Multi-family f, Office g, Neighborhood service he General Retail i I. commercial S. Light Industrial k. Heavy Industrial I 1. Other (specify) RECEIVED SEP 0 9 10 PLAN M' vELOPMENI Os.~rnstdENS I I I I Development standards page 5. Off-Site Information - adjacent or surrounding land uses, toning, straits, drainage facilities, and other existing or proposed improvements. IShown on concept or detailed plan.) See detailed plan. 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.) N/A 7. Buildings: a, Approximate location. (Shown on concept or detailed plan.) See location map. ` b. Maximum halght: ` co Minimum setbackse (Shown on concept or detailed plan.) Roo a { d. Maximum gross floor area (square feet) for nonresidential: NIA S. Residential Subdivision: a. Number of units per acre (density)e e nr+lar tat of any right-of-waY b. Number and location of lotse (Shown on concept or detailed plan.) 2e t •aduced from 4i lots - r. Minimum site, width and depth of lots: (Shown on concept or detailed plan.) ,681 wide and 120' dseo I i Minimum front, side and rear yard setbacks: (Shown on concept or detailed plan.) 25' front 10' rear, 15' corner, 5' one side, 23' other side i Il r I I Development Standards I , page 3 9. Water and Drainage - approximate location cf all existing or proposed creeks, ponds, lakes, flo34lains, other water retention or major drainage facilities and improvements. (Shown on concept or retailed pltn.) (Sea Utility Plan) 1 10. Utilities - location of all major sewer, ._ter of electrical lines and facilities. (Shown on concept or detailed plan.) (See Utility Plan) 11. Location of trees 3' in diameter - six (6) feet from ground level. (Shown on concept or detailed plan.) She subdivision will conform with the City of Denton Tree Ordinance and Landscape requirements. 12. Open Space - location and sire of greenbelts, parka, common and recreational areas. (Shown on concept or detailed plan,) Provided for in existing P.D. I 13. Screening - location, type and size of all fences, berms or screening features. (Shown on concept or detailed plan.) As raauired by she City of Denton Zoning Code. 11. Development Schedule (concept plan) - showing specific date detailed plan will be submitted, data to start construction and complete construction, and rate of development. All dates should indicate month and year. I' ADDITIONAL REQUIREMENTS FOR A DETAILED PLAN 15. Landscaping Plan - major features and types of landscaping to be used. NIA E I II 1 ~ Development Standards Page 4 If. Signs - show location, type and sire on detailed plane otherwise, signs must conform to Article 17 of the toning Ordinance. Existing 17. Sidewalks. (Shown on detailed plan.) As required for Single Family Development. 18. All information required for preliminary plat in accordance with Appendix A (Denton Development Code) of the Code of Ordinances. IA separate plat is required.) 19. Development Schedule Idetailed plan) - indicating start and completion of construction and the rate of development. All dates should indicate month and year. Subdtvtsion is being davsloped,this section will be developed as soon as Final Plans are approved - approximately seeing of 89. i 3 j i I i f E i, 1 i ab 3/87 902E NO. AN ORDINANCE AMENDING A PLANNED DEVELOPMENT DISTRICT PURSUANT TO THE PROVISIONS OF APPENDIX B-ZONING OF THE CODE OF ORDINANCES OF _ THE CITY OF DENTON, TEXAS AS SLID DISTRICT APPLIES TO APPROXIMATELY 56.027 ACRES OF LAND, MORE OR LESS, OUT OF THE CO AUSTIN SURVEY, BOULEVARD kPPROXI;t „MY41 5LOCATED 00 TEETNNOTHE SOUTH RTHWEST OF SIDE LOP 288; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION t. j That the existing planned development district dzonLo eaeribed dace nance applicable to ail or pact of the p P y hereof Trat I in ExbibLt "A" attached hereto and made a orcall purpose, having been pr• lov.lr designated as at Planned f Development Dist.itt under the provisions of Ordinance No. B1-111, passed and approved on the 15th day of December, 1961, in accordance with the dproviglons of Article 11, Appendix e set forth nc herein. the City of Denton, Texas aZoning of the Code is amended hereby SECTION II. The conditions and restrictions applicable to the property imposed by Ordinance No. 61-111 a:e hereby superceded by following conditions: 1 amelocation the east side oft Phases t CofeTownship the shall not be altered except to provide for necessary drainastall eIt`is further provided that single family oft the center l in* of theeoxistiagfc rook. ) feet ease 2. both aly (80 X 120, typicthe al lot develomipment of the single fami area sh11 precede or be concurrent with the development of the single family cluster houeiog. 3. Prior to or at the beginning of development of Phase It, but to ao case later than sixty (60) days afcar the issuance of a quitclaim dead by the City of Dentoo, the developer shall remove the whereilt avia of San Gabriel Drive from the point where it intersects Angelina tend Drive to the point intersects the cluster housing in the Phase II arms. 4. the treenbalt as partnof a theedevelopmentd?hoses It and It. S. Piney Creek Boulevard shall be re-opened for public use. 6. Minimum 30 foot front, 7 foot side, and 10 foot rear yard uses as t shown on the atached mite n plathe n. single family Z-16741JO STORFII/PAGt I I i N iI k ` 7. c tcific site plan approval must be granted far ` gutter housing areas in Phase It and Phase III yrice r to final plat approval and issuance of building I permits. 8. Developer shall be required to Improve one half of Colorado Boulevard to the MKT Railroad track. 9. Developer shall install a 10" sewer line from her development up Woodrow Cane to the Pecan Crank twin tr.tarcepter lima. SECTION III. That the comprehensive site plan for the Planned Development i District approved and adopted by Ordinaoce No. 81.111, applLubli I to the hsrein described property, is hereby amended in accordance with the comprehensive site plan attached hereto and the use of said property shall be hereafter to accordance with such rmended site plan. I SECTION TV. That the City Council of the City of Denton, Texas. hereby finds that such change is in accordance with a, comprehensive plan for the purpose of promoting "is sneral welfare of the City of Denton Texas, and with reasonable consideration, among other things for the character of the district and for its peculiar suitability or particular uses, and with a view to conserving the value of the buildings, pr0totting human liven, and eoccurajing the most appropriate uses of land for the maxtmua boas it to the City of Denton, Texas, and its citizens. SECTION V. That this ordinance shall be in full force and effect teuaitately after Its passage and approval, the required public hearings having heretofore been held by the Planning and Zoning Comaission and the City Council of the City of Denton, Texas, after giving due notice thereof. PASSID AND APPROVED this the _11,L day of ,5ffd~L , 1964. ' f CI OP D~ ON, TEXAS R ATTESTe I ~59CITTUY CITY Of 0ENTON, TEXAS APPROVED AS TO LEGAL FORM: JOE D, MORRIS, ACTING CITY ATTORNEY CITY Of DENTON, TEXAS i syl 2.1674/JO STOKU/PAGE I I ~ I ..e. i BOSOM ..--rte \ \ ! MACK 00 1 °^wj 01, j n YYVY./ .44~b 1 •nL ' ..uY. YLMn •o.•.w.. guar. I ' 11 \nY' Y. YW. .o .nJ ~WY ~M ~1 ' j ll~ I 1 T: EXHIBIT "A" - Z-1674 PPIP, 9 U R Y E Y O R$ N 0 E All of that t:+tcain 56.427 acres of laud, beln porta of tme i.r HopRins Surjej. Abstract Number 1694, and the nary Austin Survey Abstract Number 41. in the Southeast part of the City of Denton, t Denton Counc:r, Texas, and being part of the lands deeded by '.Iaita- Iran, Trustee to Denton Residential by dead dated November 15, 1419 and or record in Volume 966, page 62) At sea. In the deed recorli of said Coun:y, and more specifically being the West V of Tract 4, of Trace it in said dead shown on papas 930 and 931, in said Volume 986. tnd this 56.027 acres being described by metes and bo_:. s as follows: 6asinning ai the lncarsection of the West line of Colorado Blvd with cho North 1.0a of said r(opk.ns Survey, me a point 35.0 feet North. 38 degrees 2) minutas li seconds West of the North North East corner of said ^coiz Survey for the North fact corner of this; Thence Sc,.chesrtarly with the South West line of Colorado Blvd with curve to tit late with a central angle of 63 Degrees 06 minutes seconds, a radius of 592.49 feat for a curve length of 613.31 feat (long chord 3outh 30 decrees 00 minutes 30 seconds East 63'1.66 fate) to t • end of said curve; Thence Souch 61 destreem 40 minutes 39 seconds East 926.36 feet with the South West line of Colorado Blvd to the beginning of a curve co the right; Thence with the South West line of said Colorado Blvd with said curve co the rtaht with a conceal angle of 12 degrees 28 minutes 59 seconds, a radius of 1222.79 feet, for a curve length of 479.83 feet. (long chord South SL degrees 26 minutes 09 seconds East 476.75 feet), cc one end of said curve; Thence South 40 4604e6 11 minutes 39 seconds East 160,00 feet with the South West line of Colorado ro an en le in said Colorado Blvd Soutr. West lice, Colorado being 70 feet wi~a at this point; Thence South 28 degrees 53 minutes 03 seconds last 152.97 feet wit.4 the South West line of Colorado Blvd to a point whore Colorado is SOu toot wide, at the North corns- of Commercial Tract 2, as shown in Volume 986, toare 940, in the dead records of said county, for one East corner of tFi'$; Thence with the North line of said Contaereial Tract 2 as follows: South 49 del,reos 48 minutes 21 eseonds Yost 365,66 feet to the be- Rtnniag of a, curve to the right, and with said curve with a central angle to L2 degrees 49 minutes 01 seconds a radius of 660,0 feat, for a curve lent-h of 147,64 toot (long chord South 56 deiraaA 12 minute 51 second 4r,tsc t47,)3 faatf to the and of maid curve, sno South 88 deR•tes ;•t minuets 1.1 seconds West 339.87 feet to the tasc corner A 12.51181 sctxe tract deeded by )onton Msiidenatal N.V. to Township 2 Estates N.V by deed dated April 4, 1960 and of record in Volume 1013 *APO 372, in the deed records at said county, for the South corner of this; Thence with the test and North Linea of said 12.5082 acre tract as followst North 27 dtgcess 22 minutes 39 seconds Heat 190.0 feet to a point. South 62 iagrtae 37 minutes 21 neeoods Vest 26.0 feet to a point, worth 27 dsmeses 22 ainutes 39 aaconds Yost $5.0 teat to a point, Notch 01 dstlrea SS minutes 23 :tsdoeds test 348.15 fast to a point. North 79 doArese U minutes 33 /stands wait 229.59 feet to A point, and south 87 da,gras 34 minutes 1S seconds West 500.00 feat to the !lortherly Notch West lornar at said 12,5082 aegis tit the East line of Township ti Phase 2 to shown by plat of record in volume 9, page 38, in the plat recorde of said county, ' page L of 3 pages, 56,027 ae and 12.540 aa. 10 EXHIStT "A" - Z-1674 f • with follower' the lost, and North lines of laid Township TI Phase 0147th 02 d egrees 09 minutos 15 seconds lase 251.19 Lest to s found lraa pin; .forth 09 degrees 01 minutes 10 seconds West 164.35 foot , croesine Into she Austin Survey North 71 de,lrtea 26 minutes 44 seconds West $7.90 feet, North 83 degrees 33 minutia 43 seconds Wage 234,26 feet. Southt77 d$Sraa 26rminutesa55 seconds West erosslnR iron pin. 239.99 Lest to a fo,lnc South 80 degrees 30 minutes 12 seconds West 74,81 Lost to a found iron pin, Scuth 84 daereea IS minutes 19 seconds Wtee 143.88 fast to a found iron pin and, North 88 degrees 54 minutes 13 seconds Wait 334,43 Lest to a found Iran pin on the East tins of San Cabriol Drive; Thames he Ea4c lteaOofdSam G~br11 teliandeEast AndoofsP Plast iping 50,0 Lane with found iron ->Inl ha Thence North 88 do rate 48 minutes 31 seconds Waal 215.19 foot with the North line of Piping Reek Lane to a found iron pin at the South Esit corner of Black E of the Hopkins Hills Addition, for Western South Waal corner of this; Thence with the East line of said Hopkins Hills Addition as follows; North 01 dextso 09 minutes 25 seconds last 148,59 feet to a found iron &In, North 89 degrees 26 minutes 14 seconds last 17,55 foot to a found Iran North 01 do fee 13 minutes It seconds lase 149.86 foot to a found iron ppin at the north East corner of said Block L an the South lire of ~fopkI Drive; S pin outh 88 dett,ress 17 minute# 14 seconds East 5.91 feet to a found iron Northe01 the Soth Est degrees 07 minutes 42tseconds tasty M. 66 feet to the North line of the Hopkins Survey for Borth West corner of this; Thence South 88 degrees 29 minutes 18 seconds last 1169.40 foot with fence to the place of beginning. All of that certain 12.540 acres of land, a part of the R. K. Hopkins Survey Absteaet Number 1694, in the South tact part oG she City of Denton, in tenton County, Texas, and being the tdaatteal propperty can- veyd to 12,5062 acres in the deed from Denton Residential IT V. to Township 2 [states N.V. dated April 21, 1980 and of record in volume 1013, page 572, in the deed rsto:do of said tountr and this tract being described from a survey on the ground as tol~ovo; 8e!t innir at the point of inersection of the Nlortherl line of lift CA flat Drive, (a 60.0 foot row) Vitt. the last Ilea of Angelina Bend Drive (a $0.0 foot sew) at the South W of the above mentioned 12.5082 acres, for the South Wait cornet of tAlil Thence Vith the last line el 0141ta6 load Drive North 11 degrees 37 mtnutsa 52 seconds last 89.69 teat to the bginatag of • curve to the late, and with told curve Vith a 9#61961 angls of 13 dagsus 21 ■ift"ll 55 soconda, a radius of 810,49 feet , for a curve laegth of 141.39 fast (long chord North 10 degrees 44 minutes 42 aeccais tut 190,96 feet!, to a found iron in at a corner of Township It Phase to shore t6 Volume 9, P144 310 in the plat reeords of said Coumtyl Thence with A South, a6d feet Lisa of said TeVmohij it those I. te foltowe; South 81 d44rs46 51 minutes 11 seconds hot 130.39 test, and North 02 degrees 09 minutia 15 sacoads late 390.0 Loot to the North West corner Of said former 12,5082 acme far North West corner of this; Theme with the North and cast linos of said forma: 12.5082 asps u lnltove; ' Pigs f of 5 pages, St.9al a. ud.12.540 u. 4 EXHIBIT "A" Z•1674 North 87 dogmas 54 minutes 13' seconds test $00,0 feet to a point. South 79 degrees 17 minutes 33 seconds Cast 229.59 feet to a point, South 01 d4jrses 53 minutes 23 seconds West 346.15 feet to a point, South 27 degrees 22 minutes 39 seconds Cast 55.0 feat to a point, North 62 degrees 37 minute 21 seconds Cast 28,0 fees to a point, South 27 do room 22 minutes 39 seconds and fast 190.0 feet to a point in the Norther[r line of Co®eretal tract 2 daleribed in instrument of record to Volume 966, page 960, to the dud records of slid county, for the case corner of this; the 37eminutes 21 seconds line 325,Otfoot to Cho WT r cornerLof Commercial tract 2, on the North cast ltna of Piney Creek Oriva, a 100 feet vide street, for the South turner of this; I Thence North 27 degrees 22 minutes 39 ooeonds West 130.0 foot with r~s torch cast line of Piney Creek to a South East Iina of SAM Cabriel 0ri-4; .hones North 62 degrees 37 minutes 21 seconds cast 9.5 foot to the rest corner of San Cabrial Drlvej Themes North 27 do room 22 minutes 39 seconds West 60.0 foot with the laic and of San Cabriel to a North corner of came; 7once South 62 degrees 37 degrees 21 seconds West 109.50 foot with the north line of San Gabriel to the beginning of a curve to the tight in the North line of same; Thence with the North line of Son Cabriel with said curve kith s can. feet,aforaaoeurvedlength of 20 6 »u7tsfoot1e(tone chorddSouth 809degrees 04 minutes 49 seconds West 470,59 feet), to the and of laic curve, and the beginning of another curve to the right with a central angle of 07 dagraes 26 minutes 20 seconds, a radius of 1026.82 floc, for a curve length of 133.31 tees (long chord `forth 79 degrees Ic minutei $I seconds West 133,22 tietf, to the Place of beginning anc calculated to contain 12.540 acres of and. The undersigned does hereby certify that the Plat hereon i; liceed on in actual survey sado on the ground this date, and that tc is a true, correct and aaaurate representation of the properly ai surkayed, the lines and dimenstaas of the property, the site, location and type of buildings and improvements. and that chore are no visible rndrosehmonts. visible conflicts, visible protrusions or any visible And Apparent &comes to amcubcliaeroad' and that Aa hasaaccuratelyleaplcupplnced has quantity of lend short therein. . ,..+!et o o Public surveyor 'o, 1797 October 10. 1983 page 3 of 3 pijlis, 57,962 is and 12 140 me. I I r~w• ba Yr •1• \ fw I~If1 Muh`lawlf~~~~'M~ ♦ / yNM Wyk • ' Y J ` iI W`~ 1• I 00 t i 1 0 per i . ' ~rj -aw..i~~. 000` ~ Its A' f I i I 1 it 1 r PROPERTY OWNER REPLY FORMS CITY COUNCIL IN FAVOR IN OPPOSITION UNDECIDED Siepiela Interts, Inc. B. J. Dendy 16475 Dallas Parkway 1425 Angelina Bend Suite 290 Denton, TX 76205 Dallas, TX 75248 Douglas E. Polen Birkdale Homes, Inc. 1504 Kenwood 16475 Dallas Parkway Denton, TX 76205 Suite 290 Dallas, TX 75248 Clark C. Nelson 1401 Deer Trail Denton, TX 76205 23 Reply Forms mailed 1 j f Y 1 1 i f i f I f i I) ~ I I yYrb I Ikpluks I~~i1s ~ ~f jacutiF ~ IaF Ib2 ~ve~~. bar 21 ff1o5 Gbb9fo C~mvgc h ~4oplu~s E+ F~✓aFsF.3snk~~y '&K ~YS tileti,loN Tx 7G2a1 (.oT 22 'aRoS oob~7 ~ SMIE ter 23 11050 478' (331 I~4 a) ~ 3l~oa~cl Lb-1mrw co L~Oiv~ ,7iw br" Tr u to f we, bor 2s .."Osomq_ ~tlrkb W,) lda~y R. 1'n 5fa,~ I3AD '000" V,t i2 7i MIPM Tic 7005 A--~ t Z~3 ~ ~(3+fO5~~ of ~ W, of I,aF N~ R Civna~P t parse Z ; oogco {Iti? Arv,.sirr~ may. ` Zop E ~rcLl~ A~er~ms 3a+c( ' WLl b71 '~M ?IV 205 1. k Mike ko2ak~ wr I0 CIO Co I'121 A~yel~Kb aa,d tof II, offo0 1M25 4., A. /434-1;K4d4 KVS A#YjeHAb'9" 'Dt+.b+, ,x x205 i t~ 12. aizoa 142q A,y. ✓ B.J. 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Gsler/mwj , i I r p62 Minutes September 28, 1986 Page 2 Office vas determined the best use because there will be no curb cuts on isrrOil, which the other uses would create, and because an office use is consistent with other develop- sent in the are.. This development will be an Attractive asset to the cit., with 35 toot greenbelt setback. A11 of the large trees c n be saved. A ,hedge will screen the adjacent property. Mr I ruse Eortthethat office set isathe highst and best pov sensible use and wt.l be occupied by lots professionals. Ms. Brock asked if there will be a sidewalk along Carroll. Mr. Irwin said yes. IN fAYOR: None Present. OPPOSED: None Present. RECOMMENDATION: Ms. Carson stated that staff recommended approve o t e request with the following conditions: 1. Screening along the caste.n boundary shall include the planting of evergreen shru a between the existing veg- etation to create a solid screening area or by A 6 foot solid wood or masonry scree.ing device if the vegeta- tion cannot be planted on th's pproperty`nsscreening ng plans must be provided with l-tildlng p must be completed prior to th, issuance of any certi- ficate of occupancy. 2. The protected tree indicated in Phase 11 must have a permeable area under the entire !ripline of the tree as specified by ordinance e`e~tted it0orderof adjacentlsh per to accom parking sppaces may be this requirement. Ms. Brock asked if any progress has bee. made on the boun- dary dispute voiced at the last meeting. was concerned, and non v the, Mr. ladynwhosaid request. Ms. Morgan asked how the development will e,feet drainage. Ms. Carson sold that drainage improvements acs being required drainage that situation, development wi!l not wo ten the Chair declared public hearing closed. j DECISION: Mr, Holt moved to recommend approval 4 2.88.010 w t t e recommended conditions. Seconded by Mr. Glasscock. ~r. between a n hedge asked and the petitioner had been left a choice Ms. Brock stated that the condition requires a 6 fort solid j fence to be built if vegetation is not possible. Notion carried unanimously (6.0). Z•88.021. Consider making a recommendation cn the pet tlon m epfela interests, Inc. rrcvoltotgaadetafiedamendment plantoot Planned Development-6 and app a 5.7 acres. The property is located along the north side of Wilderness Street, the east side of Timberidge Street, and the west side of KenwoodbStStreet. The property Rs H r of the Mary Austin Survey, Hopkins Surveyy, Abstract No. 1691, and is included Inny The Woodlands of ition. if Eamtlys approved, the p p lots with 6,800 square feet. V P6Z Minutes September 28, 1988 Page 3 22 notices were sent to property owners within 200 feet; three repl~ forms were received in favor, two were received in opposllt on, - AFF REPORI: Ms. Carson stated that 51epiels Inte'ests is requesting an amendment to PD-6 and approval of a detailed plan. The property was originally zoned in 1969, Amend• ments were considered In the 2970's and 1980's, in 1984, a concept plan amending PD-6 was approved on 56.027 acres which tucluded this property. The planned development permits the following uses: single fa'aily - 4S' x 120' lots; single family - 80' x 120' lots; cluster at 12 units per acre; two- Eamliy; and open space, Some of the 801 x 120' lots have been developed. The petitioner proposes an increase in the site of the 4S' x 120' lots to 68' x 1201 lots. Lot 23 which is 80' x 120' would also have to be changed to 68' x 120' and the cluster housing would be changed to single family on 68' x 120' lots. In additlen, the existing planned development requires minimum 30 foot front, 7 foot side, and 10 foot rear yard setbacks for the single fim11y uses. The amendment proposes minimum 2S foot front, S foot side, 23 foot other side, and 10 foot rear + yard setbacks. This proposal meets the requirements of the planned development ordinance and does not violate the Denton Development Guide policies. PETITIONER: Lynn Meyer, planning engineer for Paul Unticker company, 8700 Steumons Dallas, stated that he is reppresent- ing Sieplela Interests. They are currently develo ing the Woodlands of Township It. He stated that the developer proposes a change In lot widths and a variance of the setback. Mr. Meyer showed the Commission slides of the area. He said that the five foot setback would be on the side of the driveway and would result in a 28 foot seppora- tion of the structure, The area north of Wilderness Urlve has complete infrastructure and the developer hopes to avoid having to move transformers. Mr. Meyer stated that he has met with the Develop went Review Committee and thinks that the process works well. Mss Brock asked how many lots that were originally toned 80 x 120 will be changed, Mr. Meyer said one, Ms. Brock asked about sidewalks. Mr. Meyer said that sidewalks will be required In the ! undeveloped area that Is being rezoned, IN FAVOR: None Present. ! OPPOSED: None Present, RECOMMENDATION: Ms. Carson stated that the amendment is an lmprarement over the exlstlnp 4S' x 120' lots and cluster housing. Staff will be working with the developers to 1 ensure that any trees possible are saved, Sidewalks will ` be installed In front of each house as it is developed. Typically, sidewalks are required at the time public Improvements are done, but the road system is already in place. Mr, Holt said that there was a letter in the packet express- Ing concern about house sites, A minimum house size can be determined by a deed restriction. Ms. Carson stated that the City does not require a minimum square footage fr house, but there are maximum lot cover- age and height roestrictisons. r : I ~ ! P8: Minutes September .8. 1989 Page S Greg Rich, Paul Unzicker Company, 6700 Stemmons Dallas. 40 1 stated that the put pose of the rezoning is to maintain the Integrity of the neighborhood so that saiall lots will not be located across from large lots. Chair declared public hearing closed. Ms. Brock sto red that sometimes peopleewhaoearoeno`ruo" `ved In development don t realize that thh DD to actually improve developments and make them less dense. UECISIONt Mr. Glasscock moved to recommend approval of Z.g Seconded by Mr. kamman and unanimously carried { (b•o). lY. Considerations street trees along Hickory A and soak rsta plan to remove reets ix conjunction protected STAFF REPORT: Mr. Svehla stated that a neighborhood meet, to ' es he to receive input and guidance. There were a sugswtantialldnumber of people concerned with the trees. The Tree Preservation Ordinance requires that the Commission trees that cted CIP consider e street I If he trees will need to be removed and possibly another three would be adversely affected. Looking at Oak Street from a traffic standpoint, ultimately three lanes of traffic will be needed. This is unsistent with the Development Plan; however, the people who live on Oak Street do not want It changed. Staff recommends that Oak Street be widened to a 37 foot section with two lanes for one way traffic and two way traffic zest of Avenuesa C. Thhae alternative is to leave the street etghbors, iA its trees mightnstlllabeoeEfectedoby they the ti Improvements anywaY- Ms. Brock asked If a new curb and gutter will be installed. Mr. Svehla said yes. There are drainage problems and new pipes will be needed. Existing facilities are in poor cod ition. As much trep air work as possible will be done workng around the Ms. Brock asked how the drainage improvements will be l effected if the street retains it present configuration of varying widths. ~I Mr. Svehla sold that the job would not be easier if the street widths are not changed. Normally loterel movements are not much of a problem but it will be more difficult to match up with the driveways. the ultimate plains efor noakbStreetiot of discussion Ms, about Brock l Mr. Svehla said that the existing widths will be too morrow in places to create the ultimate tuplets. Ms. Brock asked what would be the maximum load for Oak and Hickory Streets under the transportation plan. Mr. Svehla said that It is hard to determine. They ore now used as main routes In and out of The University of North Texas. There is no way to predict what load they will actually be carrylny in a few years but the University expects to grow and development is expected at the west end of oak Street. The transportation plan shows Oak and Hickory as the main route to this development area west of 1-SS and to the University. Ms. Brock asked what the streets could potentially carry if designed as a cuplet. r w NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE APPROVAL OF AN AMENDED DETAILED PLAN FOR 5.7 ACRES OF LAND LOCATED WITHIN PD-6, ALONG THE NORTH SIDE OF WILDERNESS STREET, THE NORTH SIDE OF TIMBERRIDGE STREET, AND THE WEST SIDE OF KENWOOD STREET, AS MORE PARTICULARLY DESCRIBED HEREINt PROVIDING FOR A PENALTY IN I THE MAXIMUM AMOUNT OF $2000.00 FOR VIOLATIONS THEREOFt AND I PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, by Ordinance No. 84-132, the City Council approved an amended site plan for 56 acres of land, as more particularly described therein, located within PD-61 WHEREAS, the applicant has applied for approval of a revised detailed plan for 5.7 acres of the planned development district to provide for amendments to the designated cluster ho+tsing and single-family use areast and, WHEREAS, the Planning and Zoninq Commission has recommended approval of the amended detailed plant NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That in accordance with article 11 of Appendix B - Zoning of the Code of ordinances, the amended detailed plan shown in Exhibit "B", attached hereto and incorporated by reference is approved for the 5.7 acres of land located in PD-6, said lana being described in Exhibit "A", attached hereto and incorporated by reference, so that hereafter the property shall be constructed, used, and maintained in accordance with the detailed plan herein approved. SECTION Ii. 'chat a copy of this ordinance shall be attached I to Ordinance No. 84-132, showing the amendment herein made. SECTION III. That any person violating any provision of this ordinance shall, upo:+ conviction, be fined a sum not exceeding $2000,00. Each shall constitute a sethat a parate provision and distict h offense~ance is violated ` SECTION IV. That this ordinance shall becom6 effective r fourteen (14) days from vhe date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance r' to be publisLek twice in the Denton Record-Chronicle, the official I newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. I PASSED AND APPROVED this the day of 1988. 3 r RAY STEPHENSo 'MAYOR i ATTESTS i JENNIFER WALTERS, CITY SECRETARY FPPROVED AS TO LEGAL FORMS DEBR.% ADAMI DRAYOVITCH# CITY ATTORNEY SY t ' ~r{t 1 i 1 i 11 1 r tt! 1 i 2-88.021/PAGE 2 j i r EXHIBIT "A" TRACT I BEING a tract of land situated in the City of Denton, Denton County, Texas; and being part of the Mary Austin Survey, Abstract Number 4 and the R.H. Hopkins Survey, Abstract Number 1694; and being all of Lots 1 through 23, Block A of The Woodlands of Township II an addition to the City of Denton recorded in Cabinet E, Page 16 of the Plat Records, Denton County, Texas; and being more particularly described as follows: BEGINNING at a point for corner, said point being the intersection of the North line of Wilderness Street (50 foot Right-of-Way) and the West line of Colorado Boulevard (70 foot Right-of-Way), said point also being the Southeast corner of said Lot 1, Block A, and said point also being the beginning of a curve to the right whose chord bears South 85'12'22" West; THENCE Westerly along the North line of said Wilderness Street and along said curve to the right having a central angle of 12'36'39", a radius of 234.34 feet, and an are length of 51.58 feet to a point for corner; THENCE North 88'29'18" West continuing along the North line of said Wilderness Street a distance of 866.50 feet to a point for corner, said point being the beginning of a curve to the left whose chord bears South 46'30'42" West; THENCE Southwesterly continuing along the North line of said Wilderness Street and along said curve to the left having a central angle of 90'00'00", a radius of 100.00 feet, and an are length of 157.08 feet to a point for corner, said point being in the West line of Kenwood Street (50 foot Right-of-Way); THENCE South 01'30'42" West along the West line of said Kenwood Street a distance of 28.65 feet to a point for corner, said point betag the Southeast corner of said Lot 23, Block A; THENCE North 88'29'18" West departing the West line of said Kenwood Street and following the South line of said Lot 231 Block A a distance of 123,14 feet to a point for corner, said point being the Southwest corner of said Lot 23, Block A, said point also being in the East line of Hopkins Hills Addition Section II an addition to the City of Denton as recorded in the Plat Records, Denton County, Texas; THENCE North 01'07'42" East along the East line of said Hopkins Hills Addition Section II and along the West line of said Woodlands of Township II a distance of 248.66 feet to a point for corner, said point being the Northwest corner of said Woodlands of Township II { and said point being the Northeast corner of said Hopkins Hills Addition Section II, and said point also being in the South line of an 80 foot wide Texas Power S Light Easement recorded in Volume 193, Page 336, Deed Records, Denton County, Texas; THENCE South 88'29118" East along the North line of said Woodlands of Township It and the South line of said Texas Power 6 Light easement a distance of 1133.33 feet to a point for corner, said point being in the West line of said Colorado Boulevard and said point also being the Northeast corner of said Lot 1, Block A; I, THENCE South 02'27'21" West along the West line of said Colorado Boulevard and the East line of said Lot 1, Block A e distance of 0.43 feet to a point for corner said point being the beginning of a curve to the left whose chord bears South 03004143" East; THENCE Southerly continuing along the West line of said Colorado Boulevard, and the East line of said Lot It Block A, and along said curve to the left having a central angle of 11104106119 a radius of 592.49 feet, and an arc length of 114.46 feet to the POINT OF BEGINNING and containing 3.541 acres of land, more or less. w _"J i I 4 I EXHIBIT "A" TRACT 2 BEING a tract of land situated in the City of Denton, Denton County, Texas; and being part of the Mary Austin Survey, Abstract No. 4 and the R.H. Hopkins Survey, Abstract No. 1694; and being part of Lot 43, Block A of The Woodlands of Township lI an addition to the City of Denton recorded in Cabinet E, Page 161 Plat Records, Denton County, Texas; and being more particularly described as follows: I BEGINNING at a point for corner said point being the intersection of the West line of Colorado Boulevard (70 foot Right-of-Way) and the South line of Wilderness Street (50 foot Right-of-Way), and said point being in the North line of said Lot 430 Block A and said point also being the beginning of a curve to the left whose chord bears South 11048'56" East; THENCE Southerly along the West line of said Colorado Boulevard, and the North line of said Lot 43, Block A, and along said curve to the left having a central angle of 07'21135", a radius of 592.49 feet, and an arc length of 76.11 feet to a point for corner, said point being in the West line of a 15 foot wide utility easement recorded in Volume k 485, Page 489, Deed Records, Denton County, Texas; THENCE South 02°10'40" West departing the West line of said Colorado Boulevard and following the West line of said utility easement a distance of 646.33 feet to a point for i corner, said point being in the South line of said Lot 43, Block A and the North line of Lot 44, Block A of said Woodlands of Township It addition; THENCE North 88'50126" West along the North line of said Lot 44, Block A and the South line of said Lot 43, Block A, a distance of 120.06 feet to a point for corner, said point being the Southeast corner of Lot 42, Block A of said Woodlands of Township II addition and said point being the Southwest corner of said Lot 43, Block Al THENCE North 08041154" West along the East line of said Lot 42, Block A and the West line of said Lot 430 Block A a distance of 141.03 feet to a point for corner, said point being in the South line of Fox Hollow Street (50 foot Right-of-Way); THENCE South 88'29118" East continuing along the West line of said Lot 43, Block A and along the South line of said Fox Hollow Street a distance of 17.00 feet to a point for corner, said point being the intersection of the south line of said Fox Hollow Street and the East line of Timberidge Street (50 foot Right-of-Way); t THENCE North 01'30142" East continuing along the Wegt line of said Lot 43, Block A and along the East line of said Timberidge Street a distance of 580.00 feet to a point for F intersection of the East line of said Timberidge Street and comer, said point being the the South line of said Wilderness Street, said point also being the Northwest corner of said Lot 43, Block Al THENCE South 88'29'18" East along the South line of said Wilderness Street and the North Line of said Lot 430 Block A a distance of 110.40 feet to the POINT OF BEGINNING and containing 2.172 acres of land, more or lees. E 4 I f EXHIBIT "B" DETAILED PLAN FOR PORTION OF THE WOODLANDS OF TOWNSHIP Ii CONSISTING OF: 1. Detailed Plan (2 pages) ; and 2. Development Standards (4 pages). i i I I I I { f i { i E 1 I I r t1~ ~ a e•tarra .•~d•carx.q t / raa..• ~ ` o' f~trri•rr q ~i- ,~~a 1~ ie iT1I a is .t u • a • . a ~ ,r ~I n`T~~ ~Ir rM rat rl2 t e as' u i u r ~ sKip I ~~tt ~ hl e I ~fr~~,a u i _ ce.earoswac k TV I ca J6lt4Yft'd lot- lVa I I a naeu \ I T I "M 06 peev if lb es -7 -T -T -T J o I. e r i. I. r . r I r/ ifa / u y I lec~ I L ; Ir ti "T 1 I Di a ~~,ti. w•w,~te. ntw~wxtlwf,~prN/AC ' Ire Ijearr. III $ ~L ~~f / 'ro° dv,.•rr aewaaevec,ak~",~a~„erh,na. ems: .uweulva.tl..~ I _ f ryr v",9 ,.%a ~ r ut as Maw? Me i.LM1Yr. p r..y fol Id Cal~ av reNt stir i I i L ['GetrP~ ~ oW41ANA7ARe 67WIr hdN r -4--1-• eivo 006*.lr. 6Lnt lmw me FCY/ew AvAt $ QTLY ~ adooamj Y Q irytl~ era' kAAr AI.n % f. N. p,/ e • .i{~ fiit! Amn eLt MNt j adet C17Y M° 7LCdJ jjj Ilop. z", J S.+: Jae A-we" al VJU IATMSrY,M.4 MtAf 1/CCl4P~ M4 PWWAV~ ta•,-r~aaa O eor/ r. j +tsv Ndea W~ `n am4ft 70 4`4 0,4t"VZZMAAAV r m drvme, rate mosil meet toot I i 'P r I V ~ A'Ol/KY~fXh► 3 r e' ,e s~ M 19= a cI wN can m fi b M e. r! yW co rsN w rA 'y J16 d Oct 4 - - c lba, a Da nM Ir toee me noi«,saa ore. - I I ® a °ao cw J e• 1'I!•! r.V, 0, co.•I hwl tole' Sol, rl'tl'r• x AAr Ad.Ud VfJOO J/s0/4r ~6o,r.dJ ~Q i• 1 ea . la p 4'a I ~4I q1 u n e ! I s a 1 I e I Ipooo oy ° Mob ~e ~wr Arn d+.+.~y ~ee+r nf~ ne Ax Itl aR 7 !If J a I!R 3: et.s 1 ,7Nrd P'+...rN.ar..t a~ e MI Xhdet rf A' ~W A"i d ' u O 4- va ale p ,+AU pwnv9 neyNa+M a ti N..a. I ~i r YMLDIfNI t°' atdteM a u•., / V ~t r 'T_ ~svrrr .r r ! p Y Nf p cc•M°O ~ TI_TT ~ j GAL- AV •Jo. Y A1•lMPb71• e 7 . I I a 1 r I r I 1 4r ~f II/d ~ .IIQ te'd QHCA ~S •I,YIe'!GG rA ed- I Am 'A Mf~4.0 d"d I ad 1°K a I N i d N I b tt/7.4r. 19 c~ . r' Cpl Cuthl 1 I ,a t "9"sO& I°'~ Aw" "fig lode Wd 1 Deep rtAAC Y 4e ~G J eraesdc p E Y Ta a r' I 1 t~ Leo r I 1 I Jrr I\ go, 16" Uk~ 11 ° ~L I uJ see r 0 1'a of Woo Abvtt % f0X M'fLLdV Z IN/l~NY °~,~q, ! = r~'~ = 1 1 1 e yti I w.w oriel C J b M b ,M I A, ,C bAeft ,Ltrd A At .e'IIJur . e< 7t , "fir A e,= f Cole A,190. to td ter SID! YAI?O LAYD[IT eoi~ ?Q eb' aYrreNl eta I Ca~% f Ir~.y A4tOINM/ uh ~ I WM& PLI N Si rile Wwoidws oe rmAv vPSl• //~I~~1 can/rwy s7Aa. i I M>/II, eJ ~rA'hloviel UAL h/G7~YAo•/ AwW F t Nam°tr °f Geh r1 Ad / aA IN7ZAYCI ' 1 Jmm ook ea4 w red y a 11 di° k rYV4 A MvZoer o A4 °wa>t7n* + 4, eak IM e I row r v~ Daree, Wo 1Y14 //die r Itk I•.rob' 1e416N1 I . 1 r i 1 1 Woodlands of Township II DEVELCf MEHT STANDARDS CONCEPT PLAN DETAILED PLAN 1. Statement of Intent of Owner: The Developer would like a more uniform product line than is allowed. He is re- questing a revision to the PD site plan to allow him to replat Some of these areas of smaller lots and cluster housing to wider single family lots. 2. Statement Indicating Relation to Denton Development Guide: This protect is in compliance with the development guide 7. Total Number of Acres in Proposed Districts 5.7 Acres ` 1. Land Uses and Total Number of Acres in Each Parcel or Tracts Total Proposed Acreage as Single family Detached 3.7 b. Single family Attached (townhouses, clustar, etc.) i co Attached Patio/Garden/taro Lot Line d. Duplex G of Multi-family f. Office g. Neighborhood Service h. General Retail to Commercial Jo Light Industrial h. Heavy Industrial I. Other (specify) RECEIVED SEP 0 9 $0 f PLAK ALOPMENT Dtr~nIMENS i w I Development Standards page 2 S, off-Site Information - adjacent or surrounding land uses, toning, streets, drainage facilities, and other existing or proposed improvements. (Shown on concept or detailed plan,) See detailed plan. ` 6. Traffic and Transportation - indicate existing and proposed streets, parking lots, loading areas, access points, (Shown on concept or detailed plan.) Projected Traffic Generation, (eased on traffic study, if required.) N/A 7. Buildings: a. Approximate location, (Shown on concept or detailed plan.) See location map. I b, Maximum heights 2 glory to Minimum setbacks: (Shown on concept or detailed plan.) c-- e d { d. Maximum gross floor area (square feet) for nontesidentiale JA 6. Residential Subdivisions a. Number of units per acre (density): 4.4 DU/AC net of any right-of-way. - b. Number and location of lotse (shown on concept or detailed plan.) 25 lots reduced from 41 lots. i to Minimum sisal width and depth of lotes (Shown on concept or detailed plan,) 66' vide and 120' deep i M d. Minimum front, side and rear yard setbacks 16hown on concept or detailed plan.) ` 25' front, 10' rear, 15' corner, 5' one side, 23' other mid* 1 I i V I` I ~t r , f 4 Development Standards r Page 3 9. dater and Drainage - approximate location of all existing or proposed creeks, 1 ponds, lakes, iloodplains, other eater retention or major drainage facilities and improvements. (Shown on concept or detailed plan.) (See Utility Plan) 10. Utilities - location of all major sewer, water or electrical lines and facilities. (Shown on concept or detailed plan.) (See Utility Plan) ` 11. Location of trees 31 in di,%meter - six (d) feet from ground level. 1 (Shown on concept or detailed plan.) The subdivision will conform with the City of Denton Tree Ordinance and Landscape requirements. 12. Open space - location and size of greenbelts, parks, common and recreational areas. ` (shown on concept or detailed plan.) Provided for in existing P.D. I 13. Screening - location, type and size of all fences, betma or scretn'ng features. (Shown on concept or detailed plan.) l As raauired by the City of Denton 2onin¢ Code 31. Development Schedule (concept plan) - showing specific date detailed plan will be submitted, data to start construction and complete construction, and rate of development. All dates should indicate month and year, j t ~E r ADDITIONAL REQUIREMENT; FOR A DETAILED PLAN t' 15, Landscaping Plan - major features and types of landscaping to be usad, N/A I + h ~I 4 1- 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. ` 17. Sidewalks, (Shown on detailed plan.) As required for Single Family Development. f 16, 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. Subdivision is being developej this section will be developed as soon as Final Plans are approved - approximately spring of 69. I I ab 3/67 I f f I N I i i i f I` I f DATE: 12/13/88 I CITY COUNCIL REPORT FORMAL' 07 'C , TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: V-47. VARIANCE OF A SEWER LINE EXTENSION FOR ADKISSON ADDITION, LOT 2A. RECOMMENDATION: The Planning and ?oning Commission recommended approval of the variance at their meeting of November 9, 1988. SUMMARY: The Adkisson Addition, Lot 2A is a proposed replat of 2.4950 acres located at Woodrow Lane south of E. McKinney Street. The property is further described as a tract in the J. Brock Survey, Abstract No. 55. According to Article 4.09 of Appendix A of the Code of Ordinances, Subdivision and Land Development Regulations, sewer lines shall be requirod to extend across the full width of the development The variance procedure in the Subdivision and Land Devel- opment Regulations states that the following criteria must be met to grant a variance: 1. Granting of the request would not violate any master plans. 2, The special or peculiar conditions upon which the request is based relate to the topography, shape, or other unique physical features of the property, which are not generally common to other properties. 3. The special or peculiar conditions upon vhich the request is based did not result from or were not created by the owner's or any prior owner's action j or omission, The Planning and Zoning Commission concluded that all three criteria have been met because the extension would not be used to serve any neighboring property as service is already available, it is not included in any master plan, and the owner has not treated the situation. The City Council should make findings based on the above criteria in order to reach their decision for approval or denial. If the Council wishes to approve the variance, reciting the same findings reached by the Planning and Zoning Commission (attached) would be appropriate. I City Council Page 2 BACKGROUND: Lot 2A, of the Adkisson Addition is in the process of being replatted. The Subdivision and Land Develorment Regulations requrie the extension of sewer lines across the full frontage of each lot. The extension across Lot 2A would not be used by any other development in the area. The Development Review Committee recommended approval of the variance PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: None FISCAL IMPACT: None is anticipated Respe ull y submitted: K acre Prepared by. oy City Manager is t vans Plan ng Administrator Approved: ran , o ns Executive Director for Planning and Development db 1 1 1S99x r 1 i i RECOMMENDATION TO CITY COUNCIL V-47 The planning and Zoning Commission held a public hearing on November 9, 1988 to consider the p,tition of the City of Denton requesting a variance of Article 4.05 of Appendix A of the Code of Ordinances of the City of Denton, Texas. After consideration and discussion ^f the following criteria, the Commission recommended aryroval by a vote of 7-0 at its meeting on November 11, 1988 The Commission based its recommendation on the following responses to the eriterisi 1. Granting of the request would not violate any master plans. This extension does not appear on any Master Place. _ t, s 4 2. The special or peculiar conditions upon which the request is based relate to the topography, shape, or other unique physical features of the prop- f erty, which are not generally common to other properties. 1 All adjuiaiog properties have sewer service, so there is ao physical aced to extend the sewer line. c i j, 3. The special or peculiar conditions upon which the request is based did not result from or were not created by the owner's or any prior owner's action or omission. The situation is not a result of any action by the owner or any previous _ owner. Respectfully submittedi '~u ne roc , a rman r i V-47 N'!' -ECK _JL gjL tL YAixti 1L - e#..1SLEY o H" aoooo ~ ~ zi~, SITE llJ Pi 3u d _ ww E NONE D A T I /0-27,66 1 T - cnraMnau ~ E 111 DENTON COUNTY f Mf0rQNNSKfMeRA1fY6Al" a3 ~ "r cor rc,t, ~aKrssav ,Eaevrr~ew fc rrarbv ~ 0 c•►mrl D. P490 Ia?, PAOCI ~A (CONED MF-I I I~ R ~+~'t if ane+~eo~R4„rsef ~ ~ I! , f'j ;w n /h 4f '•rl~ i,~ ~ ~ f I 1j •i U .W •Y .t AKno,a r No di FitCUbrO J frut/tt,``` .Yr s/.v wOft. w f fI~f A" IAY a M C~i~~ry(y,,A• DM10R ~ ! i 0 LOT 2 A i ,e• ~'a j r' 0 is THE CITY Or O ZON 1 yy{ ION OUSUC ►Aft JJJ r Y 1 (ZONED SF-71 4 (f~11~ , r 1 I ~ t 1 I r ADKISSON ADD• xk, GR"C SCALE V-47 -W -qmgp~ 1'02 Hlnules November 9, 1998 Page 2 I tI IN FAVOR: None OPPOSED: Nolan Brown, Box 50065 Denton, stated that even THougli-there were other property owners In opposition of the replat, he was speaking only for himself, Ile said that his malcr concerns was the large parkin lot and the amount of curb cuts required for the proposaf. He said that he has a strong feeling there would be a school in the future ■nd the neighborhood would have traffic seven days a week and not just two days. Ile added that traffic would become a major problem, RFCOMMENDA'rION: Mr. lost stated that the replat meets t`Kerggu`rements but with 2S property owners in oppost- tlon, the Commission according to state law, would not be able to make a decision on the replat. Ms. Brock asked it the petitloners could build on the adjacent ten acres that they own. Mr. Robbins said yes. REBUTI'ALi Mr. Burke stated that he could understand the concern for the traffic but he felt that the safety and traffic would go hand In hand. He said the safest situa- tion would be to have access on Pennsylvania Drive. He added that the comment about a school being put in the future was not A consideratlon at this time and would require a specific use permit. Mr. Burke withdrew the replat from consideration. f B, Y-47. Consider making a recommendation on the ppetition o`"he City of Denton requestln a variance of Artlcle 1.09 of the City of Denton Subd~vision and Land Devel- op nent Regulations on Woodrow Lane. this property Is further described is a portion of Lot 1 of the Adkisson Addition at Woodrow Lane south of East McKinney. Article 1,09 requlref the extension of a sewer line across the full width of the development lot In accordance with the Master Sewer Plan for the City of Denton, The petitionner Is requesting a variance from this extension requirement. Six notices were mailed to propetty owners wltbin 200 feetl no reply forms were received In favor or in opposition. STAPF REPCR'tt Ms. Evans stated the according to Article T.4TLl - ndlx A of the Code of ordinances, Subdivision and Land Development Regulations, sewer lines 11 . shall be required to extend across the full width of the development " The petitioner is requesting a variance of this requirement. Ms. Evans sold that this request is limiter to the Carroll Boulevard request previously presented. She added that other property owners already have service. Ms, trans said the variance procedure in the Subdivision and Land Development Regulations steles that the follow- f ins criteria must be met to grant a parlance and all three criteria have been met. 1. Granting of the request would not violate any master plans. 3 This extension does not appear on any Master Plans 2. The speeiol or peculiar conditions upon which the request 1s based relate to the topvl1rsphy, shape, or other unique physical features of the proparty, wfiich are not generally common to other properties, All adjoining properties hove sewer service, so there is me physical need to extend the sewer line. r V4Z Minutes November 9, 1981 a P DR,A ge 3 3 The special v[ peculiar con no upon whl.h the request is based did not result from or were not created by the owner's or any prior owner's action or omission. the situation Is not a result of any action by the owner or any previous owner. IN FAVOR: None. OPPOSED: None. RECOMMENDAr10N: Ms. Evans staled that staff recommended approval of-V-,47. UECISION: Mr, Glasscock moved to recommend approval of V-47. Seconded by Mr. Molt and unanimously carried (7.0), 11. Considerations A. Consider making a recommendation on preliminary replat of Lot 2A of the Adkisson Addition. STAFF REPUkli Mr. Yost stated that this is a 2.49SU acre sac[--tTocaied on Noodrow Lone south of Mcklnner Street being a ottlon of Lot 2 as recorded, and in the J,Brock Surrey, Abstract No. SS. Mr. Yost said the property Is zoned Llght Industrial and development of city services, an addition to the Animal Control Center, is anticipated. He continued that city services and facllitles ate available and the plot conforms to the mlmimum requirements. LECISIONt Mr. Glasscock moved to recommend approval of [Fe- piefleinary replat of Lot 2A of the Adkisson Addi- tion. Seconded by Mr. Engelbrecht ona unanimously carried (7.0). 0. Consider making a recommendation on the proposed Park Donation Policy. SIAFF REPORIi Mr. Brinkman staled that he wanted to t sn a ommissloners, as well as the others that were involved In the development of the park policy. He said that the parks department hoped to acquire land for parks throughout the city. Mr. Reason slated that In regards to 19 in the proposed policy, the developer would most likely charge the owner of the property for the fee, He asked who would receive the fee after the ten year period is completed. Mr. Brinkman stated that the fee would be returned to the developer. Park Policy 9. Park Improvements should be installed In a timely ■anner along with the development of surrounding property in accordance with opplicsble budgetary tequireaents of the City. If fees are not used or the aonated land is not developed after a ten (10) year period, the developer who made the payment or donation e+ appeal to the CIt r Covncfl tot a refund of either the property or the fees, If the City Council decides at that time to develop the proporty, the City would have another 14 to nth a to make the Improvements. Mr. Holt staled that the City would have no way to tell if the developer had originally charged the owner the fee. ils. Brock asked If the fee and/or donation were all voluntary. Mr. Brinkman said yes. PROPERTY OWNER REPLY FORMS CITY COUNCIL IN OPPOSITION UNDECIDED IN FAVOR NONE RECEIVED j 6 Reply Forms mailed 1 1 i E i i ~i el~✓2f ell !a/~?fJ f/wlnis/ C/;t rl J~tiJ,t r~i/~. ~Jer~rrs 41 o'/ o~/S E err- l riv//, 1%wnf Alyi q -7s/riGvlrvs livw ~iu>F~> iL1o/ [/l-WA r~/h 5./vsf ~t~f 8~ Ki C/zrd~ ' AIA d noD Ha/c/~e -4,loJ~i7 X20/ 4 !of /,f E.of G/~k lkrs Yo ~x f~o2ZCY. ~1//~ ,Tx. 75~9v--22arv [of 14 .9 Ori// F.9vi~r>reerf h~ , 609' CvtstG~k ~f, ; ~ 7a11a~ , Tx . 9020/ i [mil !S Grey a/' J<d/o,I lvi ;1// l4 G9fln L,4, MAW 63<,0 /&e,014 v 751$1 i ~ 55 ~ lc 2 V'-iirn J~ohsr{s I Iwo I~ >3 /1 ~J4 i~RJ>'OH JG?o2 I i 64 1 I I I ' I ~ I i I it 1 I f 9100 Hwy 2181 t18K Denton, TX 76205 T Novewlw,r 23, 1988 Denton City Council CN~ '~~w Att: Jennifer Walters City Secretary Denton Municipal Building p t qti 215 E. McKinney 1E Denton, TX 76201,E LLL ~ SnfFIf.E _ Gentlemen: re: Socialized Business 1 am protesting the city's operating a defensive driving school in competition with private enterprise, on the following grounds: 1. There are adequate private schools in the city to do the same job. They do it just as cheaply, and as well. 2. A socialized business of one kind is equivalent to a socialized business of another. If any councilman sells insurance or hardware, he wouldn't appreciate the city's operating an insurance agency or a hardware store. 3. This is not equivalent to public schools. All students are charged a fee, and the city is not rendering a special service the public would otherwise be deprived of. 4. The existence of the city's school, commencing with the running of a large advertisement in the yellow pages in July, is driving me out of business. i used to have classes with 20 to 30 students, and now I have 6 or 10. I have been forced to discontinue my Monday-Tuesday evening classes. 5. The city is unfairly competing, because it has access to a free answering service, and a free classroom space. City personnel, already on salary for other purposes, are used to supervise the program and to advertise for, screen and hire instructors. i t 6. The city is operating a business for profit, though it has no need of a profit. At $20 per student, 5 students would pay for the instructor. An additional 25 to 40 students provide a profit, which is not appropriate to a governmental body. Why should the taxpayers go into business in competition with a few taxpayers? 7. The city is hiring out-of-town instructors to commute from the metroplex, while local residents are being deprived of the same business. 8. The city is not only teaching within the city limits of Denton, but is teaching in surrounding localities, in competition with my school and other local schools. Yq}irs truly, Gene Douglas I i CITY of DENTON, TEXAS 215 E. McKINNEYI DENTON, TEXAS 762011 TELEPHONE (817) 568-8200 f c f DATEI December 7, 1988 TO: Lloyd V. Harrell, City Manager FROM: Harlan L. Jefferson, Risk Manager a ' SUBJECT: DEFENSIVE DRIVING PAOGRAM j r SUMMARY: Recently, the manager of the local school of the National Corrective Training Institute (NCTI) questioned why the City was providing driver improvement courses to the public. In response, we would like to point out that the citizens of Denton receive numerous benefits from our defensive driving school, which consist of the following: A. The City receives more than 4551000 annually in gross income, and $30,OOU net income is transferred to the General Fund. B. The City provides stability among defensive driving schools in I Denton. Some of the schools that have taught classes in Denton have gone out of business. C. The City's school is considered by the National Safety Council to be one of the beat public agency schools in the country. For the third consecutive year, the National Safety Council (N.S.C.) awarded the City an honorable mention award for "Best Performance by a Municipality/County Government (SEE ATTACHMENT I.). { BACKGROUND: The City's defensive driving school was established more than sixteen years ago. We were authorized by the Texas Safety Council to teach claaaes in both Denton and Decatur. Therefore, the City's school was in existence prior to any of our local competitors. The purpose of the school at that time was to provide driver training to our citizens, give them an option other th:+n paying traffic citations, and provide revenue for the City's safety program. f i t Presently, the net revenue of the defensive driving program Is transferred to the General Fund. As a result, the citizens of Denton benefit from our program because it reduces revenue demands from other sources. These funds can be used to purchase equipment and supplies or to fill a position such as a fireman or police officer. f Memo to Lloyd V. Harrell December 7, 1988 Page 2 of 3. I PURPOSE: The present purpose of the City's defensive driving program is to make sure that quality classes are available to the public and to produce an alternative source of income. We accomplish this by not only providing classes that satisfy the N.S.C. standards, but also by setting a level of competition that encourages other schools to provide a quality service. The course fee is an example of this. Due to our school, the course fee for most schools in the Denton area is at a reasonable rate of $20.00 per student. However, many schools in the Metroplex charge $25.00 to $30.00 per student. Secondly, if a school is to be competitive, the service it provides would have to be as good M as ours, or better. Because some schools cannot accomplish this, many of them go out of business. When this occurs, the students they taught have a more difficult and costlier time confirming the last time they completed the course. i' THE NATIONAL CORRECTIVE TRAINING INSTITUTE (NCTI): The National Corrective Training Institute (NCTI) is a Driver Improvement School which offers courses to traffic offenders and bad check writers. The concerns voiced about our school by Mr. Gene Douglas (i.e., NCTI's local manager) were initiated after we refused to hire him as an instructor because of conflict of interest and the fact that he had not completed the 'I.S.A.'s training course. We do not believe he would have our beat interests at heart if he continued to manage his school while working for us. When 1 inquired why he was interested in working for us, he responded that his class attendance had dwindled from an average of 30 students to 7 students. He also blamed schools that advertise, such as ours, for his low attendance. ` !I DEFENSIVE DRIVING LAB: The Defensive Driving Lab is a Driver Improvement School which utilize the same National Safety Council's course as the City's school. It is owned by a j former instructor of the City and his wife (i.e., Mr. and Mrs. Tillman Uland). Mrs. Uland has made several complaints about our school over the past year, E which are as follows: I ` o The City advertising its school in the newspaper. o The use of flyers. o The instructor lobe not being bid. 11 o The schools name being similar to theirs. o The school being run like a business. o The school utilizing City Hall and other equipment without paying for it. o The Municipal Court referring potential students to the City's school. o The school not being audited for hidden cost. t t i } i I 4 i ti I Memo to Lloyd V. Harrell December 7, 1988 Page 3 of 3. As you are aware, we have responded to Mrs. Uland's concerns in writing and we have invited her to discuss her concerns with our staff on several occasions which she has refused. Many of her concerns are related to the fact that the City is competitive. She was correct that the instructor positions were not bid because the only additions to our teaching staff were the Finance Department's employees who were compensated with compensatory time, or 1 previous instructors. It is also our opinion that a separate school audit is r not necessary, and the free use of the City equipment is acceptable because all of the school's net income is transferred to the General Fund. Our responses pertaining to the school's name and the Municipal Court are in Attachment II and Ill, CONCLW IONt It is our beliaf that the City's school is unique in the benefitq it provides the citieens of Denton. As mentioned in the summary, we offer additional revenue, market stability and quality classes. Neither of these benefits would be available if the City was not offering Defensive Driving courses. For your information, I have also attached a list of other public agencies that offer defensive driving courses (SEE ATTACHMENT IV.), If you have any questions, or need additional information, please do not hesitate to contact me. 00 E evez- n i HLJssjn Attachments 4044F i I i I r .l ~ •.fW' A',ilA arw".t~ b- ~ N~1Fr.~r }~i£r AR, Attachment I. Honorable Mention Collins Associates ,a . Hareld D. Purdy and Associates Best Performance by o Federal Governmental Agency U.S. Postal Service-Windsor. CT Honorable Mention U.S,POsolService-Houston,'IX 1j; "y i DDC•4 a r `I ti 1 S Best Performance by aSafety Council Dade CountyCirirensSafety Council Broth and Chapter, NSC 1111111 _7, a, et COU ' nq#~, Central Florida Safety Council t~ F Buffalo-Niagara FrontlerSafety Council . ~i[O,Vekn2pt P[Og[n',3 Safer Council of the Louisiana Capital n9t rest to o Area W ~y Kf s } Honorable Mention CID ;pls. Safety Council of Palm Beach County 5 h Best Performance by ■ State Department of Driver Licensing/ t State Government Louisiana- Office Risk Management Honorable Mention Louisiana Dept of Transportation w Indiana Bureau of Motor Vehicles Best Performance by a Business/ Industry Carolina Pons cr and Light Co. DDC•8 Best Performance by a llonorabe Mention Best Performance by a Safety Council Business/Industry American Cab Co. Arizona Safety Association Austin Driving School ExcelawnCorp. of America Oklahoma Safety Council Sears Driving ScLoul Safety Council of Greater Houston J B Ladd Associates, Inc Best Performance by an Educational Safety and Health Council of Greater Safety Servicesof Arkansas Institution Omaha Honorable Mention Florida Keys Community College Honorable Mention East Texas Safety Driving Agency Best Performance by a Federal Palmetto Safety Council Ann-'Ala[ Defensive Driving School Governmental Agency Texas Defensive Driving School Tennessee Valley Authority -Muscle Best Performance by ■ Military Shoals, AL Installation Best Performance by a Membership/ U S. Army-Fort Hood Volunteer Association Honorable Mention Jameson UevotionalMinistries U.S Postal Sen ice-Miami, FL Honorable Mention Honorable Mention Best Performance by a Hilitary U S. Army - Fort Ord Brazos Valley Safety Agency Installation U.S. Army-Fort Knox U.S. Army-Fort Dix C<nnrnuntiy Service ODC U S Army-Fort Stewart Texas Farm Bureau U S. Army -Fort Riley Best Performance by a State Best Performance by a Municipal/ Honorable Mention Department of Driver Licensing/ County Government U S Army - Fort McPherson State Government Huntsville Police Academy F U S Army - Fort Leonard Wood Indiana Bureau of Motor 1'ehiclcs _ Commonwealth of Virginia - Dept Motor Honorable Mention DDC.P'ID Vehicles City of Denton Best Performance State Dept oflighwaysandPublic Gry of Grand Prairie tick llhrlamVlndianaBMV Transportation - Texas Victoria Police Academy Nety Jrrscy State Safety Council Honorable Mention Best Performance by animurance SafetyScr'~ icesofArkansas Illinois State Police Agency/Company, klonorable Mention Texts Dert of l'ublic Safety Lnrtique and Associates American Truck Drivers School North Carolina Div of Motor Vchiclcs FIRM Agency DDC-C1ND Maine Dept of Public Safety Best Performance Best Performance by an Educational National Safety Council Broward Chapter Institution Honorable Mention Houston Community Cadlrge Indiana Bureau of Motor Vehicles i ATTACHMENT It CJTYOf DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 366.8200 ~~liQSA tig>~~ TO: Debra Drayovitch, City Attorney FROM: Harlan L. Jefferson, Risk Manager DATE: December 29, 1987 SUBJECT: DEFENSIVE DRIVING; SCHOOL After you and I met to discuss Mr. Tillman Uland's potential lawsuit, our office investigated the matter further. It is our belief that the name of the City's defensive driving school can be defended by the follovingi 1. Our agency has been in existence longer than the Defensive Driving Lab. 2, We are not licensed by the Department of Public Safety. Instead, j we are a sub-agency of the Texas Safety Association (see Roma- numerals I. and X. of Attachment A). Therefore, references to j school licenses in the Department of Public Safety's rules and guidelines do not apply to us (see Attachment B). 's 3. The Texas Safety Association considers "defensive driving" to be I a generic term that many schools are free to use. The only requirement they have pertaining to the names of schools is that schools cannot use identical names. 4. There are at least eight (8) defensive driving schools in Texas that use "defensive driving" as the first two words of their names. In Denton alone there are: Defensive Driving School of America, Inc., Defensive Driving Lab, and Defensive Driving of Denton. 5. Finally, Mr. Uland licensed his school with the Texas Safety Association as Lefensive Driving Lab, but in the telephone directory his school is listed as Defensive Driving Course Lab. By adding the word "Course" to the name, his school is placed above ours in the telephone directory. f F~ 1 I 1 Memo to Debra Drayovitch December 29, 1987 Page 2 of 2. ` Unfortunately, all the information we discovered is not beneficial to us. II This information is as follows: 1. Our school is registered with the Texas Safety Association as the City of Deaton/Dei-:usive Driving of Denton; however, the Texas Safety Association sees nothing wrong with our using the name Defensive Driving of Denton to advertise. 2. Even though we opened our school prior to the Defensive Driving Lab, we cannot find documentary proof that we used the name prior to the creation of the Defensive Driving Lab. However, we do have witnesses who can testify that we have used the name as long as the school has been in existence. We believe advertising our school under the name of City of Denton would i provide beneficial name recognition. However, the school then would not be listed in the white pages under Defensive Driving. For this reason we would like to continue to utilize the name Defensive Driving of Denton. I We look forward to receiving your recommendation on the proper course of action. Harlan L. Jef t+ HLJ:sjn Attachments 3065F I t j i 3 4 i ATTACHMENT III CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 5668200 October 10, 1988 Ms. Marjorie Uland, Director Defensive Driving Lab 1800 Cordell Denton, TX 76201 Dear Ms. Uland: Thank you for your letter of October 4, 1988 concerning our Iiinicipal Court re,erral of potential defensive driving students. Be assured that it is not pzesently, nor has it been in the past, the practice of the Municipal Court to refer potential defensive driving students to the City's defensive driving course. In response to your suggestion, my staff contacted the Municipal court on two separate occasions, posing as potential defensive driving students. Once they indicated that they met the eligibility criteria, the Municipal Court directed them to visit their office to pay a $10.00 administrative fee and to complete the appropriate paperwork, which would authorize them to take a defensive driving course to have a citation dismissed. They were also told to consult the driving instruction section of the yellow pages directory to register themselves in a course. Additionally, each potential student is given a Driver Safety Course Notification (see attachment). You will notice that the Driver Safety Course Notification also directs each potential student to the yellow pages to locate a defensive driving school. Again, thank you for giving us the opportunity to clarify this matter. I am hopeful that I have been of some assistance. Sincerely, Lloyd V. Harrell City Manager WP Attachment XC: Ray Stephens, Mayor 1360k i 1 i I I IL A K I A ! i. T F f { s. a ♦ ! it # R # I . t, i ~ . IL 2Y F -CQ7QFV TWA, 700'. No-MIA"M IS-00=0100 m r k fi THE W&K-TRY YAS4 "TRAM is * ; % 741 T747: 07 i ^ S• 7 'pIA o c r r i v T t pit WI D TAI RS 11 WK Y n UrM n'. _ C Q l l' _ WE .W G-.' _ MrL Y02c i.i ! _IV LPL..' ,VIM IE. i! PRRFS- # d dF i4 # .3l. a. r 7. .q. 1 [ 7 i i Attachment IV PUBLIC AGENCY SCHOOLS Texas Woman's University University of North Texas City of Marshall City of Longview City of Beaumont City of Richardson City of Deer Park City of Grand Prairie 4 I I ' I i 4044F Attachment i I N II r-r-T-r-T-111 111 611 1 [1 111 111 NIKKI__ l I 123:1r= I~ 4 i i 1 ~ I • i CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager _ SUBJECT: Approval of a tax refund to Charles Wilson/ Michael t'ilson (Account # 8904-00621) RECOMMENDATION: The Tax Technician has determined that a tax refund should be issued. i SUMMARY: I 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 Charles Wilson has requested a refund in the amount of $ 1,041.15, since duplicate payments were made on Account # 8904-00621. BACKGROUND: Charles Wilson made a payment of $ 955.18 on January 29, 1988. His son, Michael Wilson, made another payment on March 14, 1988, in the amount of $ 1,041.15. Tax records indicate payments of $ 1,996.33 against a tax base of $ 955.18. A tax refund is due. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: The Tax Department and the tax account of Charles Wilson. FISCAL IMPACT: $ 1,041.15 t 4PE LLLYY SU MTTt~ arre CitManager Prepared by: l Name Vic Schneider l Title Tax Technician Approved: an me Monte Mercer Title Controller 2633C/3 f h Stale properly Tn Board APPLICATION FOR TAX REFUND Refund Appkatlon 27.11(4/42) Collecting Office Name: 04. T ~P n o 01 / c7r~ Colfecling Tax For. ~ j/_ O l~e~.h ) r (Taxing nits) Address - " City, State, Zip Code - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - in order to apply for a tax refund, the following information must be provided by U1e taxpayer, IDENTIFICATION OF PR PERTY/77 R: Name: F r ( `"e Address: r f r C' r 7 .7~ Telephone Number (it additional Information is needed): IDENTIFICATION OF PROPERTY: Description of Property: T/ 4'R sc % 'loo o Address or Location of Property: .3cJL5-- 3031 _ O ; l++dra Account Number of Propxty: R9D -Gd /a / or Tax Receipt Number. _ INFORMATION ON PAYMENT OF TAXES: Name of Taxing Unit Year for Amount of From Which Refund Which Refund Date of the Amount of Tax Refund Is Requested Is Requested Tax Payment Taxes Paid Requested I' Utz 119 D-) /19 e s $ 2. I P~ t 19 I 19 h'L s - 3. 19 / 19 S S Taxpayer's reason for refund (altach supporting doeumentatton): D0a11r_4+>'e Q V.J^ertfs were. glade d✓ f~ _ 4j;,0 AVCr o•-. I•af-SB'Fy,- sS;~C o2rt~ 6V zw:kerx Solt _0_r1 3W _4FV Por "I hereby apply for the refund of the abov"loscribed taxes and certify that the Information I have given on this form Is true and correct" t~~'GG'~'r7 rLy~ ~ rln ~ Cd i Signature ? 6.ee Date of, pplie on for Tax Refund DETERMINATION FOR TAX REFUND: Approval Disapproval Signature of Authorized Officer Date Signature of Presiding Officer(s) of Taxing Date Unit(s) for refund appileations over $501) Any person who mekaa(also entry upon theforegoing record ohs#Woublodtocnaofthek4owfngpanel#",, 1. Imprisonmentof not mots than 10 years nor lose then 2 years endfor a Rne of not more than 65,000 or loth such Ono and Imprisonment 2. conflnemaM In lap For a farm up to 1 year or o fine not to exceod 52,000 or both such Ma end Imptleanment a sN forth In 0eedon 31.10, Penh Coda. ^C~LM ]I 1 6 CHARLES OR LUCY M. WILSON ! 812 130 STONEAOLD COURT , ELM OROV1 WI 577 O ~~D19_a.Z."~1~'I JRDf R 01 PAY ro F L ixr! s~~17i ~.S d [LAR! • Marine Bank Wgq~ • ~ Rroo~nrR. w,~eaw S1oo1 1'~i~/' . 1:0759 L i 7001: p'04961N64006' l 2 0'00001104 L Me CHARLES OR LUCY M. WILSON 811 1786E 9TONEAELO COURT ELM GROVE. VA 37172 ~ . 0 19 Q d 7E"At781 L Z Q u- 7tR o< r OLLARS Marine Bank Weet 8nan«R. wt.eRnrR i3m I877+>! L J ~ 1. . 0 759 L 170017 1104961M6400R' 8 i L 010000 L04 L i 50' M 14R '88 16 aft mrivo won MR 17 "co lonvu"M .MIA 138 16 4 a MA r, , y .11711►~ ■1 - i r 8q~w(Lnr(1 w llnnl• e904C05S1 67 LEE NfAiw'+ve5 N;R+[5 INC 326.27 vMYfAffl t2/!ll Jco.cr- 8904_0_0_582 1487 THRU: 890400626 1984 C 08- DATE 3/31/86 TAX TRIAL NfYATAX R CODE A PD-DAIS TAX PAID PPAU EN PAID6 TAX NA PENALTY (IFECINE NEXT K*rTm AL MAEE ACCOUNT K YFAARR NAME 8? LEE MEA004 HOMES IK 57 51 06- CO) Im .00 00 7 LEE MEA OWS NHOMES INC 51.06 ~ 1 %30 57:0 :00 :Cx .1m Ck g~ E 099004000586 87 LEE ME004 HOMES INC 60.58 YNNO" 12130 60.511- C10 .00 •00 CO F 69%(0586 e6 LEE MEADM HOMES INC 12.78 1129 17.7$- 3.07 •CACCOLM T01I m f e90viml e7 ADAMS. VIRGIL C SR 1a.26 YYNIN.N 11130 259.13- 00 ?59.13 Cr 259.13 E e 00566 ¢7 IRWIN DALE 2,S11,122 'YNNNNNNY ICU 2,514.12- 00 .00 Cr (r 1 9 7 FEUCHf, RANDY CONST. CO INC 386.64 Y NNNN 11/ 193.32- DD 1 88Q9 7 F(vCMT. RANDY CONST. CO INC N 121 193. - •00 .01D .0) C0 i 91 7 RORAYMONDY O BE` FY l 2 92 :12 YINYNNI 1/ 1 SS$: • 2.02$.1; 322: N 3.250•!1+ ! A 516.755q YNNNN 12131 516.w UD 00 7 MAATIN DANIEL 7 WONDHILL ASSOCIATES 5J, 9:2Qpp ;241.,` w 02 1Chw Y"t" 91. 57 WOCOHILL ASSOCIATES 1, Ll. 61 PATEL, VINOOBHAI T CK YNNfNN 122 6.00 1926 1 7 MOBIL OIL CORD 2572 17 S PRABEARY, Pt1NlEY B fARtER 50 1 60' 1 FLETCHER, GEORGE 0 SR .6 71 R 7 IHFRIOT, LMY J 11 1TINNN 7 CCOLLM, WILLIAM C 7j.45171 R& ~DP RISCILLA A 12:7137: 7 PEOPLES ~fCHEN C C1~55 yH1 N 1 4??497m 551 S38:SS- I :[0 dU HEELER, VIN+Y 56Zi;~ •55 YNM6NN 112 B ~~qq~~y[p~~((a 87 LEVERETT, JAMES M 744.21 YINYN#lN .(C1 (0 7u.21 etE(• a2 (V 89040((07 96 LEVEPM, JAMES M 340. (0 .l0 340.1, '91'1 ' .90 -QtKY 16TAL 1,2E 7.97 fLh6113 I BIKo", SAM JR 11 ttNYMffI 136,,(fR~1 14.97 ILI, 7SOrIKKTHOfMS A. Y 1 .Q6¢- 13.¢7- `I (CIt 1 TIPTW, DON A. 954.18 YNNNNf6 1111 .105 (Ol0 7 SQUIBB, (ECIL E 954.15 YNNNNMN 11/30 .15- (0 Ch R) 40 87 POINDEXTER, JERRY 954.15 YNNNNNN 12116 5- .C0 .00 ,(r (r a7 pl1N JOHN 1 954.15 YNffNN 12116 954.15- QO .00 67 SOUII;B, CFCIL E 954.15 Y*#~ 1/30 954.15- M m .N e7 COW", WILLIAM 955.72 YNIft#W 12/23 9~S.72- L'Q m m .0v a7 OLFN MELVIN E 957.('1 YNNf4NN 12/16 99557.022a- .(0~1t00p .(r Cr r:' 7 oaf0 daaP TE% 1Nt 955.16 Y NNNNN 1j29 955:1a- :((t fO DROP EA el OR!'li DROP TP E% INC N A 3114 953.1 (1( R1 Of k() $E CEO PROP TEX INC 955.1$ Y *tow t7 R1 l/ ,1 - W L . N 4 314 .i - 955.16- L(i 95514- TTk- 7 kIL N. CHARLF N /14 V55.'~- J,4+ !~•+8• 7 ht+EATER JERRY S5S 1 CNMNIH 1Z/1 ,1 ,r~1 .fl' ,I l+ :.V 4 7 FEtEkV. "t*RRY MG CO 95{;1E1 YMNNN lIJj9 5+~ .T - .1 + :.V .lf~ .+1' E.1 TlfffNN 1125 VS .1 - 1+ to :.l• V E~ ti(((( 5 77 fEG RAl HCIE LOAD MIG CC, 1cC1626 84 PATFL, CHA?4'R~ B 9'14.68 YrN"" 1/29 9144 m- 2 (I .I[I :C ( 6 PATEL, CHART-RAVA47 6 461 U.1 1'I 46. 2!.`4 U ae4 8 9 i4 LL,kk? 19,7_..__ It .1 s~9 i4 1fi 7 1987 TH$ TAI iPlat FAIawF RFAI /M'•E 177 f4`+At}r IiffRl.l A+fvi `vN14 I ' "0' PAN, TA, r i I I V t CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM., Lloyd V. Harrell, City Manager SUBJECT: Approval of a tax refund to Charles Wilson/ _ Michael Wilson (Account # 8904-00622) 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 Charles Wilson has requested a refund in the amount of $ 1,041.15, since duplicate payments were made on Account # 8904-00622. BACKGROUND: Charles Wilson made a payment of $ 055.18 on January 29, 1988. His son, Michael Wilson, made another pay:aent on March 14, 1988, in the amount of $ 1,041.15. Tax records indicate payments of $ 1,996.33 against a tax base of $ 955.18. A tax refund is due. r PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: The Tax Department and the tax account of Charles Wilson. FISCAL IMPACT: ` 8 1,041.15 i 4RESPULLYY SUB TED, 444 arrei3_ty anager j; Prepared by: ' Name Vic Schneider Title Tax Technician Approved: ame Monte Mercer Title Controller 1633C/3 i 4 f saie Prawly Tax W«d APPLICATION FOR TAX REFUND Refund Appaaalbn 31.11(a/at) r f Collecting Office Name: uPrr 175 Couectinq Tex For. _ r` (axmq note A/S lt~. ~~c/~/N 11F1~ ~~P11~UYJ. 7X 7OVZ~J~ Address City, State, Zip Code In order to apply for a tax refund, the fol;owinq Information must be provided by the taxpayer. ` IDENTIFICATION OF PR PERTY OWNS 1 fl Name: e S o i• •f = lci~ Address: " 4c%`~ qZ e,7/) Telephone Number (if additional information is needed): o~ 42 IDENTIFICATION OF PROPERTY: Description of Property: 7X t 64.>ve /ocI X, J e) ?kr Address or location of Property O 3 ,3 Account Number of Property: B9G~ - r Tax Receipt Number. INFORMATION ON PAYMENT OF TAXES: Name of Tsxlnq Unit Year for Amount of From Which Refund Which Refund Date of the Amount of Tax Refund Is Requested Is Requested Tax Payment Taxes Paid Requested t. C } [h19 ~ It 19 ,87 $ $ 3, 19 / 19 - S $ Taxpayer's reason for refund (attach supportinq documentation): Dr0 men li Lyef e Mi9de ors f e r °t hereby apply for the refund of the abovedeacribed taxes and certify that the Information I have given on this form 's true and correct" Signature Date of Ao'plica_96ri for Tax Refund DETERMINATION FOR TAX REFUND: Approval Disapproval Signature of Authorized Officer Date 31gnature of Presiding Officer(s) of Taxing Data Unit(s) for refund applicstlons over $600 Any pension vi makes a Isla sorry upon the lorpofnl record OW be subjael to sal of Ow followle$ Penalties: 1. In laftowenl of not more than 10 years nor less than $ years and/or a Me d not mere tiwn 11,000 or both such One and Imprlanowl; 0. cons"W"M M )aN for a term up ke 1 year ors One not Is exceed $1,000 or both such One and Imprlanmem a set lash;n Section 07,10, Penal Code. Rru40 N H qw IF V CHARLES OR LUCY M. WILSON 812 13AA6 STONEFIELO COURT ELM GROVE WI 53177 7-11141 !0~0 0O 0 I 75w PAY tU THE ^J S/O/s 710fR OE d ;/&L LARS ` Marine Bank Wgss j/,Aro1M~N0. W'""I~~C~`M//W~_-//U~~OOA ~ 2 1 II 1:0759117001: O0496L14640011' 1,? .00000lot. 1Ise CHARLES OR LUCY M. WILSON 811 13M STONVIELD COVAT - I` ELM OAOVR W1 6x3177 -~/Q 19 QS~' > X141 f C Z y Q ics I TO TNl Me OF LLARS Marine Bank West e p 0?59117001: u'049664004' 811 to 000 a 10to 115go II. I f I i 1 • I , 1 I1 i MR '8d 16 06 WAA swim L . r J C*l MR 11.1-10. ,.a C is, 16 J MR 17:- yj.,1 a r+ F Y %V 14 74 d M WNW fl i I 4i!'~Ea ELt ft~l r t: 1 ;j L 1. f I i i J i I A ~B9CKL058U NF/ LAM~r~ ~ . nEDOWS HWGf+ES IMO 326.27 rNNa»N ,tz/xi 316.e/- 8904[O;81 87 LEE ` 840400582 1987 THRU: 890400626 1984 C 08-- DATE ' f 3/}1/dB TAX TRIAL BALANCE REAL PAGE 376 PENALTY EJFECTIVE NEXT KMN ACCOANI 0 YE NAME NET TAX CODE A PO-DAAAYYjE TAX P4410 PEN ppQP(ppA~ID TAM D(Cu~QE PENN M(/(E1 TOTALE 17 LEE ?*AMWS NO*$ INC S? 5? co (V .00 6 (Dlup "'NNNNNN 11 F LEE MEADOWS HONES !NC 57.06 YT 12M 57;06- .00 CC [0 •R 001 S~5 O 89 4 os66 eb LEE MEADOWS HOMES IINC NC 12.78 YNNNNNN 11129 617p.788 3.00- .0000 m .00 f ACCOl1NT TOTAL m f f 90WOS87 87 ADAMS, YIAGtI C $R 518.26 TrNNNWN 11/30 259.1 pppp 259.13 ((qq 259.13 f 00511E !7 11WIN DALE 2,514.12 YWO#M 10130 2,514.1 .00 ,00 .0D .00 1 ` DOSA9 !7 FEIKNI, RANDY COAST. CO INC 386.64 r NNNNN 11130 193. - .00 f` 89 87 IEUCNT RANDY COAST. CO W N 12/n 193.32- 00 ;~0 .00 87 m" FSOY F L BETTY L 536.07 YNMANrN 11 $38.Q?• 00 S0 7 ABBOT, RAYMOND L 2,928.12 YNNYNIIN ~05 2.928.7 322.(q 3.250.i► 7 riWTIN DANIEL R 516.75 YTMf11N 12/31 516.(1pS• 0 0 7 11ALTERf, RtCNNARD J. 95:09 YWYNMNN N tl 53 .2b- Of, q 10.[14 tM.11 04 CC00 .QO 94 7 WOOOkILL ASSOCIAT 1 5} 04 95 1 WOOMfILL ASSOCIATES <4,82 rNNrNNN 1J 1, <4.8~- (Slt PATEN, VINOOBTAI T 66 . YNNNNNIN 1 / 2 6, 2.Qi- 2,1 .¢7Qjj YNNNIN 1/ 2,jp~~p.7 - 97 MC6IL OIL CORP 9B S5pppARY, RMM.Er B ►ARfER 71 YIENINNI 1 52.60•- 99 1 /LE CHIR, GEORGE 0 $R 271 Y*#"M 1 / h 1 71 ` 7 TNER10 , lEROY J 1.7} YMfIfItN 1 / ♦ 7.71• . 1 7.4S YNNNfN / 7.45- COLA , WILLIAM C To F y4A T~ JCM l 1.S7}S YT1f111N 11/ 1, 1- 7 PE~OPLES~ JOYCEILLA A 4 t.pi75 YNY NfN 2J 057+50 37' 491.(~1 34; 5517 *fEELER GRETCHEN C 538:55 S2f 538.55- t .LO alt t1 ~r ii !6 LEOVVER"EET~T; JAMS M 7345.08 YNlYTlfN .0C1 i0 7340.;0, 41.81 4z1.5T1 ALC(kNY TO 1.2 7,9 BIDERNIAN, AM JR 1 YNIYN/NIN 136, 14.97 151.1 WODNICKI m 1 YNPlNN 1/ 1 L t 7 NOELL, K~TCT C 1 YNlINN / 15► 6ttt6- 13.~- .~1~ ;(lt 1 ENENSON, TH } R. 557.88 TNaNI1fN 957.88- (l ,L`t 1 12 7 TIJ7~~rMI, DON A. 954.19 YNNNNNMN 1/22249 /11 954.1111133333 d1 l 1 1, 13 7 S IBB, (CC IL E 954.15 rNNaaN 11/30 934,15- .CC` dl (ll 14 7 POINDEXTER, JERRY 954.15 TWO" 1 116 954,1 - ( `1(05 (`1 I 16 $ e1 CAM JOHN P 95415 Yvm~m NlM44 1 1]1~ %954.1 (CC~((15 C~~tt~~ {I tl17 A7 COTAl10N~,C , W1Ll1AM 955.[r75 rwwo 1 /23 3.i - .110 ,(0 .(C5 . t5(t YIN ( 19 7 OORE0NR0 LTEX INC 95S.1~ r W W*MNNN MNN 11/29 455.1. lYY 00 19 E7 0010 PROP fix ANC N A ]114 955.) .R1 ,(Yt .CO 7 pORR(EO PROP ~T~E~X INC C955.18 r w4om 11 0 ff - K7 GRE~ PF iEA ~NN[ N A 4? .1 Al .t Ap ,rt+ 7 WILSON, C E 955.18 Y NNNNNI 114 .1 - 85, t a t a 1 I ' N ! ~1 1 t 1 955. M , l c 7 P HCN( LCM ►RG CJ .1 YtN111N J 9 vS lu ll' .i.V 1 ~A~(,~r((((~jbb5 1r17 1 GI RM IR7E ICVW MSG [C ~A rNMMN / 84r~(C~26 84 fATEL. CKW K#j ***V 8 ~L6.95 YNff11N 1129 C.A~P4- lli 4F: t e3' i. $ r~ 1 G f 16 7 1,267 T 4 a Q 6 61_ ,1987 ' 1 N vim I 11"111 a i IF JFV~ Y DATE: 22/13/88 CITY COUNCIL REPORT FORMAL' TO: Mayor and Members of the City Council F FROM: Lloyd Y. Harrell, City Manager SUBJECT: FINAL REPLAT OF A PORTION OF THE WOODLANDS OF TOWNSHIP 11 RECOMHENDF"ION 1 ` The Planning and Zoning Commission, at its November 30, 1988 meeting, recommended that the final replat of Lots 1 through 23 to Lots 1A-16R and Lots 42 and 43 to Lots 42R to 51R, Block As of the Woodlands of Township II be approved. SUMMARY: This is an 8.04 acre tract located on Wilderness and Timberidge Drives, weat of Colorado Boulevard. The area is accessed by Wilderness Drive and is shown in the Marv Austin survey, Abstract A, and the R. H. Hopkins survey, Abstract 1ti94. BACKfROUND: The property is zoned Planned Development (PD-6) and single-family residential development is anticipated. The original plat showed 24 single-family lots, plus 4.2 acres of cluster housing. The proposed replat shows, In the same 8.04 acres, 26 single-family lots, plus approximately 1.8 acres of cluster housing. The proposed single-family lots are approximately 68' wide, whereas the originally platted lots are approximately 43' wide. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: NIA FISCAL IMPACT: I j N/A ' Respec lly bmi s i Pre pa : Lloy . Harrell C City Manager Owes oet ~ Urban Planner i j Appro a r' Frank H. Robbins, A1CP E;;ecutive Director for Planning and Development 16021 i I d i N l s,,,~ i r r7 - Y~-- - .kAa Ia. r• n.a b)D, M1• •aao h•rr i Fg'✓ Ca r. a _ r'. r.,- b _ O I ` • far 1 .It JR r rt RR>', Ki rt.N ,,r.1r ~ M r .'cr.N r. 7 ~ rrI[ ' I I ' r ft Dna Jr s, E ~ y I YW elw&%WA>f4) r_a_v, r of + ~tld -~lU'47 NEY/yM6tl ON t~• M1'M'ft rr F' H g. ! JCdCr~/ f ` /LDE4NE3S 6 .a LO y -dvf'Fr rJ- ui~' }fr/ f= or, 0&"V R' ![Cr rO } ;ri i ti,~ rc..no• j 1 I r -I T ~rlr .•TtG 11 1- - Lw ,.-L F rt' W r r•C/•I ✓ °S M II ~ 1 r a e 5.cx)a'-F r i - 1 r -r- r r sr.r<A.1M A'[k~6/UNMJ6 Fr. rw is + • ' ~"`1 t O ~ r: OGYe.gA 4Yr DYr 0 n • ~,rt. R~ lwCr l , Lp,.psr T ,Yg,r ~L~' s.+t t s~ e.g•y.re. S (fi'X !//OC-tylee Lr, rr+~.~15 i ra J k $ it de~i'ere G 'T e f L~\/ e'• k . I rf `e a a {•n A r t' r; L ~i .rr C vN r F- 'j r ncJ-_ 1 a4ur f4 9,e F.•a.•A•!a 'NM1 .,rd • -err S RY. 4'{tr r y / I, , i e-, L~L---L___.i _L. rr:[rt Defoe, 7Rd lL P ; It 11 r Y E to 4L'~~ > rr'fv G,r \Z.y r,R t to IS D~.._t ---{II ~L.ar I~erracr e t µ rr. i .r.•or' ti 1 +r oCiY'c,v~ r rr e / ✓a R'r v } fOt HOLL W r(e./ hbyeon .tir(r OW R r' r/ f ra D.Vr L-- t.r.Fi . ,~'~'it ~ re<•,,r ar i 1 f C.RD ~ ~ r, a S' err St e " Or j ,'n NC .f Q Lit J bpd r ell, LfO/.NO tHf W060118NO9 OR rL7K'N?N//' II a II ue rc"1wece Co+lr~%.]Lr/e M•hr 1,d toh !tr•grt Me'acA / ` ti f iCG L>'rd h. G"'. Ad CLV',g a (rn-.ol Mte a r-:9"Lr'f dr d.eU, A" Eat , er Rrwaa/ r*e tr aemd ee *-t ro O 7+n i r' Weee ' nrv C F~r, L'~!~j._erw,lyY'7 R.V;e~° I-D7,6h"r ro rf[,(alrT + ti~;y Eq;ru,yyx,rr/a.~ret~nti rHaY i LMlKKt4, fA'C S eI/uA Hl7EREfr! lo-C, rr0 cmowy I ,MI+J LL'JD R 7'* tv'Hr kad9 >»i'~d 0,-X erg,-, o n+'v, 4r.t e ~L,/IC~7•rD)(I M1Mir9`1611! A;dt 3 p to moo' r---+-'~•r 4{~r^/r., M. i l r 0 I. NORTH LJLJ CI®o®c~ ~o°a~ 00 ~ t :1Qo~ I 1~~0 Rot i ~a ~ ~ ILfgK YIS1k ~ OIL i 'Mal r1w N Lk as ~ 7e V fY f ~ C 'r r V I I 1 1 l ~ r l I l I 'r 1. 1 I ti I Z/ DATE: 12/06/88 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: PRELIMINARY REPLAT OF LOT 2A. ADKISSON ADDITION RECOMMENDATION: 1 The Planning aad Zoning Commission, at its November 9, 1988 f meeting recommended approval. SUMMARY: This is a 2.495 acre tract (net) located on the west side of Woodrow Lane, now under construction, recorded in the Adkisson Addition, Volume 7, Pa;;e 22, of the plat records of Denton County, Texas. SAC KG.RC'14ND: The triangle-shaped property is zoned Light Industrial (LI), and development is anticipated as as expansion of the present City j. Animal Control Center. A variance has come before the City j Council earlier, addressing the sewer line extension. If the 1 variance and this preliminary plat are approved, the final plat will be prepared. E City services and facilities, including water, gas, sanitary sewer, telephone, electricity and solid waste, are available.' The plat conforms to the minimum requirements of the Denton Subdivision and Lang! Development Rerpilations, once the variance to 4 the sewer line extension is granted. „ PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: The usable property of the Animal Control Center will approximately double, and adjacent land used 5y ParKS f, Recreation to grow trees for eventual public use will be accessed via a separate entrance on this tract. u 1 Adkis4on Addicion City Council Page 1 P15CAL_ IMPACT; N/A *Y14 ully su m tied: Prepared by arr ger wen os F Urban planner 2 Ap~v an o ns Executive Director for Planning and Development db s 1S97x I t l v i V: 1 N I r• ~Ih _ FYC7IMRhR j \ hlI M1N 64 ~r _ 'W. OIMON COYNr1 f 1KClo 4f set *r,l SAW 3 e) mr IC4, .mormw Amfov frfvrrv# Q" Ill\N•,I 7 J R c,r.0 4 ►.vi/r, rr OCl 110,110 MMI I I JI 40 to aq Ali*. RRR AAAII d0 Ir ` AvlrrvRa fs~iRa~tptrr , -..,rVrlrr _ ;y r ~ti1 , . c~sfMfrv~ ~ F LOT 2A i ' ([0,110 U) ~ :rte , r 1 Fi ' ~IPQJ I r ^ ~ ~ee~naro~„ra+ /M ►ullK MIMI IlaN101f•71 j 1 LLQ' GRANIC SCALE PRELIMINARY PLAT mf 4r OF LOT 24ADK/SSON 4001A6 W ! . 000 A N,?f/ON or 1Or 1 or Mf AOXISSON OOolncw { AS BfC0,4Of0 /N IK w 11 PAGE 11 W ME PUr AFmv "WO Of cf#rON av#rrr IFXAS ¢10Yt VON /W or? IV op" f mo/ MI MRS I I Np/~ygprArF/ p, { ~,ti7il:r flARl,:Ca°iid,a w... i I 1 PAZ Minutes November 9, 1988 Page 3 3, The special or peculiar conditions upon which the request is based did not result from or were not created by the owner's or any prior owner's action or omission. D R ~J/j~'j'~~~ the situation Is not a result of any action by the L! ~l F 1! owner or any 1'cevlous owner. ~I IN POOR; None. rw OPPOSED: None. RECOMMENDAIIUN: Ms. Lvans stated that staff recommended approve o •t7. DECISION: Mr. Glasscock moved to recommend approval of V-47. seconded by Mr. Holt and unanimously carried (7.0). 11, Considerations A. Consider making a recommendation on preliminary replat of Lot 2A of the Adkisson Addition. STAFF AEPUREt Mr. Yost stated that this is a 1.4950 acre roc oceted on Woodrow tons south of Mcklnney Street being a pportion of Lot 2 as recorded, and In the J.Prock Surrey, hbstract No. $5. Mr. Yost said the property is coned LS ht Industrial and development of city servlcea, an Addit~an to the Anlmel Control Center, Is anticipated, tie continued that city services and facilities are available and the plat conforms to the minimum requirements. DECISIONt Mr, Glasscock moved to recommend approval of t` a -profimImiry replat of Lot IA of the Adkisson Addi- tion. Seconded by Mr. Engelbrecht and unanimously carried (7•U). 0. Consider caking a recommendation on the proposed Park Donation Polity. SIAFE Rf.PORlt Mr. Brinkman stated that he wanted to thank the commissioners, as dill as the others that were involved in the development of the park policy. He sold that the parks department hoped to acquire land for parks throughout the city. Mr. lomnan stated that In regards to 19 In the proposed policy, the developet would most likely charge the owner of the property far the fee. He asked who would receive the fee after the ten year period is completed. Mc. Brlnkun stated that the fee would be returned to the developer. Park Policy 9. Park Improvements should be installed 1n a timely manner along with the development of surrounding property In accordance with appllcebte budgetary requirements of the City, If tees are nit used or the donated land is not developed after a ten (10) year period, the dIVelnpat who mode the payment or donation mar appeal to the City Councll for a refund of either the property or the fees. If the City Council decides at that time to develop the property, the City would here another 28 months to make the improvements. Mr. Holt slated that the City would have no way to tell If the developer had originally charged tae owner the fee. Pis. Brock asked If the fee and/or donation were all voluntary, Mr. Brinkman sold yes. I i i t f i i i I I! 1 I 0923L NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR TOE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR TOE EXPENDITURE OF FUNDS TIIEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. WIIEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equip- ment, supplies or services in accordance with the procedures of state law and City ordinances; and NHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefor; and WIIEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein, NOW, ThEREFURE, j THE; COUNCIL OF TOE CITY OF DENTON IIEREUY ORDAINS: SECTION I. That the numbered items in the following numbered bids r o`r materials, equipment, supplies, or services, shown in the "BId Proposals" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items: I BID ITEM NUMBER N0. VENDOR AMOUNT 9911 _ 1 Denton Plata Carpet $ 28,622.00 9914` 1 Arrow Industries $1610120.00 i i' t DATEt DECEMBER 13, 1988 CITY COUNCIL REPORT TOE Mayor and Members of the City Council FROM1 Lloyd V• Harrell, City Manager SUBJECTt DID# 9911 - CARPET SERVICE CENTER UTILITY RECOMMENDATIONt We recommend this bid ba awarded to the lowest bidder meeting specification, Denton P;aza Carpet at a total amount of $7j,622.00. SUMMARY This bid is for the replacement of carpet in the Utility Department located on the second floor of the Service Center. The new floor covering installed will be modular carpet squares. These squares have proven very compatible with office panel systems and make replacement of soiled or damaged areas quick and inexpensive. BACKGROUNDt Tabulation Sheet. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTEDi Utilities' account N's 620-081-0450-8301, 620-082-0451-8301, and 610-080-0250-8301. FISCAL IMPACTI 1988-89 Budgeted Funds. t- W Loy(d V. Harrell City Manager Prepared bye Names DENISE MANNING Titles BUYER i A roved Names TOM D. SHAW Titles ASSISTANT PURCHASING AGENT 009.DOC j 4 I f S I I I I I I 8ID ! 4415 ~ I 1 1 i IlD 1311E CARPET SERVICE CENTER UTIIIIY 1 5M111M'S 1 A 6 A i POkNEi, INC. ; DEN16N PLAN i ! FLOOR 1 I I I I OPENED 1i 00, NOVEMBER 22, 1988 I COVER1 ING I I E I I I ......1 I I I ACCO~N1 620 OBI.01 0150 8301 620 652 0131 53011 1 L 1 I . 1 I 5T" I 1TEN DESCRIP110N I VENDOR 1 VENDOR I VENDOR I VENDOR I I........... ............I ..............1.__...........I.......------. I_. I I I I 22,12b.50 1 32,!40.00 1 31,031.00 1 21,500.00 1 } 1 IET ICRAFET 1 I I I I 1 I I NB 1 33,150.00 1 31,180.00 1 25,622.00 1 1 IET IALTEANRTE CARPET I 1 1 1 1 I 1 I 15 DAYS I 1 1 30 DAYS 1 I 1 1 I I I 1 ~ I 1 1 DENTON I DENTON i OENTON I DENTON I I 1 1 I 1 I I a 1 1 I I NET 30 1 NET 30 1 NET 30 1 NET 30 1 1 1 1 I I 1 1 1 t i 1 1 I 1 1 I i I , I 1 I 1 I I I j 1 I 1 1 I 1 1 ; i I 1 I 1 I 5 , 1 1 L ~ I i 1 r I it 1 I ~ DATEt DECEMBER 13, 1988 CITY COUNCIL REPORT TO- Mayor and Members of the City Council FROMS Lloyd V. Harrell, City Manager SUBJECTS BID #9914 - 30 GALLON PLASTIC REFUSE BAGS RECOMMENDATIONS We recommend this bid be awarded to lowest bidder meeting specification, Arrow Industries, in the amount of $4,03 per roll. Total bid award is $161,120.00. SUMMARY This bid is for the purchase of an annual supply of 30-gallon refuse bags. The bid also carries a 12-month extension clause if prices, and terms remain the same. Bags will be purchased as needed to replace warehouse stock. The lowest price offered by Favorite Plastics, a Louisiana manufacturing firm cannot be accepted due to a 71 preference law that the the State of Louisiana has for Louisiana manufacturers and the State of Texas recip),:ating law, State of Texas H8620 . (See attached excerpt) These items of legislation change Favorite Plastics bid from $3.83 + .26(71) . $4,09 for bid evaluation purposes. BACKGROUNDS Tabulation Sheet, excerpt from HB620, PROGRAMS DEPARTMENTS OR GROUPS AFFECTEDt Resldontial Refuse Collection, Warehouse Operations f i FISCAL IMPACTS 1 1988/89 Budget Funds for Warehouse workin #710-043-0582-8703. 4 ltal inventory account Lloyd V. Harrell City Manager I Pre ed byS Names TOM D, SHAW Titles ASSISTANT PURCHASING AGENT Ap o,v edS Names TOM D. SHAW Titles ASSISTANT PURCHASING AGENT O09,DOC i 4 r i I I I I 1 ` BIQ 1 9911 1 I I I I 1 I I1D iITIE 30 GALLON PLASTIC EFFUSE BAfiS I PLASTIC FAVORITE I INDUSTRIES I AMERICAN I SUNBEU DPENED NOVEMBER 22} I4BB I I I I I 1 I ACCDUNT 1 ......I I I 1 I OTT I 11EM DESCRIPTION I VENDOR I VENDOR I VENDOR I VENDOR I 1 I ..............I......_.......1 . L._ I ..............1 I 1 I 1 1 10M ..IFEFUSE BASS I 3.83 1 1.03 1 6.68 1 NO DID I ' T I I I I 1 1 I I PLUS 71 LA. PREFERENCE LAN 1 .26 1 I I I I 1.04 I 1.03 1 8.68 I NO DID T 1 1 I TOTAL I I l I I I I I 110-14 DAYS 1 7.14 DRYS 1 30 DAYS I 1 I I I I I I I i I 1 I NEI 30 1 NET 30 1 NET 30 1 I 1 1 1 I I I I 1 1 3 I I I 4 4 I I E I I 1 1 1 1 I 1 I I I I I I 1 I I I I 1 I I , 1 { i I I f 1 , E 1 ; i ~I ' J ILI f N f r I H.B. No, 620 i ultimate pa rant company or majority owner has its principel place 2 of busigass in this stater 3 (b) state or a governmental agency of the state ' 1., 1; I not 4 award a contract for general construction, Improvements,' services, S or public works projects or purchases of.su _ APliu,,matesiale," or 6. equipment to a nonresident bidder unless the'nonresident 's'fbld is 7 lower 'than the lowest bid submitted by a responsible Texas'resldent B bidder by the same amount that a Texas resident bidder woyld be 9 required to underbid a nonresident bidder to obtain a Comparable f, 0 contract In the state in which the nonresident's 1 business is principal pieta of located. (e) This section' does not apply to a contract involving) fl,. 3 federal funds. 4 SECTION 2, This Act a AAlies to a contract for which', Initial 6 notice is published on or after the effective date of,,this Act. SECTION 3. The importance of this 'leglalation and, the ,7 crowded condition of the calendars in both houses create an 9 emergency and an Imperative public necessity that the ~ 9 constitutional rule requiring bills to be read on three several I ' 0 days in each house be suspended, and this rule is hereby suspended. " ~ f i I II t •'17 r, L~; IIIIi t y',,. J I I I ,I ii 1 2 , Y • I I I f . Zl= bJ ~ f 1 1 +44 I I V December 13, 1988 CITY COUNCIL AGENDA ITEM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Lloyd Harrell, City Manager SUBJ: CONSIDER AN ORDINANCE AUTHORIZING THE EXPENDITURE OF FUNDS BY THE CITY OF DENTON FOR THE ANNUAL SERVICE FFE FUR MEMBERSHIP IN THE AMERICAN PUBLIC POWER ASSOCIATION AND APPROVING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. RECOMMENDATION: The Staff recommends approval. SUMMARY/BACKGROUND: American Public Power Association is the national association for public power systems. Its primary function is to assist municipal electric system. with legislation and to keep the member electric systems abreast of current legal, legislative, regulatory, operational, and technical issues affecting public utilities. The annual fe.- for membership in this organization was included in the 1988-89 budget, which was approved by City Council in September 1988. j PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: i City of Denton, Denton Municipal Utilities, City Council members, and Citizens. FISCAL IMPACT: I Annual dues $139796,31 Source of Funds: 610-080-0250-8SOS-E930 1 i Respec lly submitted, i ' oy e l City 'Manager Prepar d/Appr ve by, I / E. ,e son, ecut ve rector- Department of Utilities Exhibit I Ordinance 11 Invoice 61940:1 I 40 2553L NO. AN ORDINANCE AUTHORIZING THE EXPENDITURE OF FONDS BY THE CITY OF DENTON FOR THE ANNUAL SERVICE FEE FOR MEMBERSHIP IN THE AMERICAN PUBLIC POWER ASSOCIATION AND APPROVING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council has determined that it is in the best interest of the citizens of the City to provide public funds to continue membership in the American Public Power Association; and WHEREAS, the Code of Ordinances requires that the City Council a prove all expenditures $10,000 or more and Section 2.09 of the City Charter requires every act of the Council providing for the expenditure of funds or for the contracting for indebtedness shall be by ordinance; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Council hereby approves the expenditure o funds for membership in the American Public Power Association. SECTION II. That the City Council authorizes the expenditures of Thirteen ousand Seven Hundred Ninety-six Dollars and Thirty- I one Cents ($13,796.31) as specified in the attached invoice. SECTION III. That this ordinance shall become effective immediately pon its passage and epptoval. PASSED AND APPROVED this the day of , 1988. RAY Y E , RAYOR 1 ATTEST: JENNIFER O i APPROVED AS TO LEGAL FORM: DEBRA ADM1I DRAYOVITCH, CITY ATTORNEY BY: Y C L 4 CHECK REQUISITICN-VOUChER PAY TO: Check Number American Public Power Association $13,796.31 2301 M Street Amount Washington, D.C. 20037-1484 n/ Utility Administration ~~q VV Department Date invoice Date, Number And Or Explanation Acct. No. Net Invoice Amt. Services and Research in Power Supply, Engineering, and Operations, Accounting and Finance, Energy Management, Public and General Information; In Accordance with Article V, Section 5 of the APPA By-Laws, $370 of the Total Fee Shown Above is a Non-Deductible Allocation for 32 Subscriptions to the APPA Weekly Newsletter to which our Utility Department is Entitled. Service Fee for 12 Months Beginning 610-080-0250- $13,796.31 October 1988. ! 8505-E930 . i Please return a copy of the invoice along with payment. Thanks. I i TOTAL 13 796.31 The above hqs been reviewed and recommendation for payment is made by the undersigned, Accounting Approval Signature i f `-1 city Manager Approva Director o f nance I i F NO r ` AMERICAN PUBLIC POWER ASSOCIATION 2301 M Street, N W., Washinglo,a, D.C. 20037.1484 r NOV 9 1988 -i R• E. NELSON (dl i C 111 4/80 0 R OF U I IE DATE t OEN~ON DEETL• bF UTIS LITIF-S/// ~~A 2}5 EAST MCKINNEY l1141~ TEINCASY 76201 INVOICE N0, D _14902 ACCOUNT CODEDENTN-DENTO-TX-MU • d ' SERVICE FEE FOR 12 MONTHS BEGINNING 10/ 1/00 $139796.31 j TOTAL DUE $13979601 a FOR I II SS ACCOSNRfNGEANDNfINANE`cERCENERGY NA RR NASGEMPEEkTs EppUGyyLIN EANDGGENERA [ ERNFORKA1 ONi N A `p RpAN SMITyHy~~ AfiT~CLE V9 SECTIONNE 5 O~ THEE AS Ppp~ BY-LAWS zYz TO OF TU SCR PTIDNS TOOTHEAAPFA MEEKLY NEMSLETTERLT 0 WHICHTYOURFU ILITY IS ~O ENTITLED• !1~ `V •I I i TERMS: NET DUE IN 30 DAYS Please return one copy of invoice with paynwl ORIGINAL a I I EXCERPT MINUTES OF PUBLIC UTILITIES BOARD Nolember 16, 1988 5. CONSIDER AN ORDINANCE AUTHORIZING THE EXPENDITURE OF FUNDS BY THE CITY OF DENTON FOR THE ANNUAL SERVICE FEE FOR MEMBERSHIP IN THE AMERICAN PUBLIC POWER ASSOCIATION ND APPROVING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE, Nelson introduced this item stating the primary function of the APPA is to assist municipal electric systems with legislation and to keep the member electric systems abreast of current legal, legislative, regulatory, operational and technical issues. LaPorte made a motion to approve subject ordinance) second by Chew. All ayes, no nays, motion carried. j a 3 I i 1 i i i i I i J I 1 I i r fill 11 1 IIIIIJIIFFIFI~1111- 4 ~t 1 I N I MEMO 88-065 TO: Mr. R. Svehla, Deputy City Manager FROM: J. L. Cook, Jr., Fire Chief DATE: 5 December, 1988 V RE: HIGHER CLASSIFICATION PAY f Section 143.038 of the Local Government Code requires that we compensate persons in acting or temporary positions at the base salary of the higher position. Therefore, each time an officer takes a vacation or sick day, we must move someone up to that position and pay tt,,~m rank differential. This amounts to $1.36 for Captains. We also, occasionally pay a fire fighter to drive, but this is far less frequent. On an average, an officer accrues 180 hours of vacation, 108 hours of holidays, 12-126 hours of bonus vacation time, and uses varying amounts of sick time each years. Based on these averages, we will pay Captain's differential for some 294 shifts. With benefits, we will pay about $14,300.00 for Captains. Because of our budgetary process, we do not include this $14,300.00 in our personal services costs. Thus, we begin each fiscal year with a built-in ehortfell. Additionally, while we pay a person to "act as an officer", w would expect a lower level of performance. Why? Historicallye the Station's Driver moves up and sots a Captain. The next shift, he again resumes his role as "one of the boys". There- fore, he is reluctant to ruck this boat and is a caretaker at beat, with little management training and/or orientation. In theory, acting in higher classifications gives a person OJT for the next higher position. Again in theory, we attempt to utilize persons from off the eligibility lists to fill these vacancies. This has met with alot of resistance because of turf I Issues pnd a reluctance of the Battalion Chiefs to rock the boat by moving people around. This further plants people in "their stations l i a I ~ Higher classification pay is simply the costs of doing business. There isn't anything short of legislative relief that can be done about it. However, we can manage the program in a fashion more advantageous to management. An alternative would be to create additional officer's positions to fill vacancies created by vaca- tions, holidays, etc. These "suitcase officers", would not have permanent assignments, but would rotate to companies in need of offl.cers. Proper management and control of vacation/holiday schedules would reduce the need for higher classification pay to a minimum and these savings would pay for the new officer slots. There would not be a savings, but rather a wash. The three people currently on the list are fairly open-minded, progressive employees. Our most recent promotions have yielded some of our better officers. These people have all ready made ' positive contributions to the Department. We hope that their ex- ample will have a positive influence on some of the older rap- tains and that peer pressure will help to facilitate change. There would be, of course, some opposition from drivers who would lose the opportunities that they now have. Hovnver, there would be more officers slots, thus the chances for ,•omotion would be greater. We would need three additional Captains. These people would be promoted with the full understanding that they would be "suitcase officers" until permanent positions became open. On days when all officers were present, they would be assigned to the snorkel. This company does not currently have an officer. This would be unlikely, however, for when the three new positions are factored in, we generate 400 vacant shifts or 1.10 per day. I Because these positions are permanent and not noting positions, we would budget each year for them. Thus, our budget requests I` will become increasingly ncourate and we will. have a better chance of finishing the fiscal year on target and within budget. Should you have any questions or require additional information in this matter, please do not hesitate to contact me. 4 JLC/ec ~I ` xc: J. Howard, Deputy Chief fk f ' i I , .2452L NO. AN ORDINANCE ESTABLISHING CLASSIFIED POSITIONS IN THE FIRE DEPART- MENT OF THE CITY OF DENTON, TEXAS; PROVIDING FOR THE NUMBER OF PERSONS AUTHORIZED FOR EACH CLASSIFIED POSITION; REPEALING ALL ORDINANCES AND RESOI.un NS IN CONFLICT HEREWITH; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Denton Firemen's and Policemen's Civil Service Commission has recommended that the classifications contained herein be established for the Fire Department of the City of Denton; and WHEREAS, Section 143.042, Local Government Code, requires the City Council to establish such classified positions by ordinance to include the number of persons authorized for each classified positions; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY `RDAINS: SECTION I. The following positions in the Fire Department of the city o enton are hereby established: FIRE CHIEF DIVISION COMMANDER BATTALION CHIEF CAPTAIN DRIVER FIRE FIGHTER MAINTENANCE/LOGISTICS OFFICER and all positions shall be classified positions except the Fire Chief and one Division Commander who shall be appointed by the Fire Chief and serve at his pleasure when a vacancy occurs in that position. SECTION It. The City Council of the City of Denton shall, each yeah cue ordinance adopting the Budget for the City of Denton, provide for the number of persons to be employed in each position. Until otherwise determined by the City Council, there shall be the following number employed in each position: 1 FIRE CHIEF 1 DIVISION COMMANDER 4 BATTALION CHIEFS 18 CAPTAINS 34 DRIVERS 29 FIRE FIGHTERS 1 MAINTENANCE/LOGISTICS OFFICER SECTION III. This ordinance shall be effective immediately uponfts pasaage and approval. PASSED AND APPROVED this the day of , 1988. RAY STEPHENS9 MAYOR ATTEST: t JENNIFER i 9 CITY SECRUM APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: _ i i i I k I f i I } -.F i r i I i DATE: Decemgber 13, 1988 CITY COUNCIL REPORT FORMAT ~n TO: Mayor and members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Adoption of Updated Service Credits and Annuity Increases RECOMMENDATION: It is recommended that the City of Denton adopt an ordinance authorizing implementation of Updated Service Credits and annuity increases under the Texas Municipal Retirement System Act as has been authorized by the City Council in the 1988/89 budget. SUMMARY: The adoption of Updated Service credits would bring our employee's retirement benefits closely in line with their current salary. Retirement benefits would be based on the average 36 month salary preceding January 1, 1989 (years 1985, 1986 and 1987). BACKGROUND: As a part of the 1988/89 compensation package, the City Council approved the adoption of Updated Service Credits and Annuity Increases. The City, participating in the Texas Municipal Retirement System (TMRS), is presently contributing 5.321 to the retirement program to provide a 51, 2 to 1 benefit to employees. The TMRS Act provides member cities the opportunity to adopt Updated Service Credits and annuity increases on an annual basis. The adoption of Updated Service Credits on a regular basis enables cities to upgrade their retirement benefits to be more responsive to the effects of inflation. { If the City adopted this provision, the following would occur: o Benefits would be calculated based on the members' average monthly salary for the three years (1985, 1986, 1987), prior to adopting the Updated Service Credit ordinance (January 1, 1989). o Benefits will be based on the January 1, 1989 deposit I rate estimated at 5.971 by TMRS. o Benefits would be calculated based upon a 2 to 1 matching ratio in effect on January 1, 1989. Updating this program means that a member's benefit would be calculated on the basis of the higher wages the member i has recently received instead of his actual career wages. i City Council Report Format Page 2 The City last adopted Updated Service Credits in 1984. Adopting this provision for 1968/89 will allow us to provide continuing protection against inflation for both employees and current retirees. Subsequent adoption of Updated service credits with each budget year will result in more stable retirement contribution rates over the years. The longer a city waits to adopt Updated Service Credits and annuity increasea, the more expensive it becomes. PROGRAMS, DEPARThENTS OR GROUPS AFFECTED: The adoption of Updated Service Credits and Annuity Increases will affect all City employees eligible to participate in the Texas Municipal Retirement System and retirees currently receiving benefits. FISCAL IMPACT: General Fund $ 38,978 Other Funds 25,985 TOTAL ! 64,563 (9 months) Prepared by: Respec lyauubmitted: /L(f j Prepared b,: Lloy V. Harrell City Manager City Manager Thomaa w. lock, hector J Personnel/Employee Relations j Approved: I ~ i l Betty c , x utive Director r Municipal Servi ea/Economic Development i 3 i i 5074P 11098811110 t 2503L AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TL AS MUNICIPAL RETIRFMENT SYSTEM, "UPDATED SERVICE CREDITS" IN SAID SYSTEM FOR SERV1 c;E PERFORMED BY Q~, SUCH SYSTEM WHO PRESENTLY ARE IN TAE. EMPLOYMENT~OFOTHE OF DENTON; PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE ANNUITIES FOR RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF THE CITY; AND ESTABLISH14C AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION Authorisation of Updated Service Credits. (a) On the terms and conditions set out in Sections 63.401 through 63.403 of Title 1108, Revised Civil statues of Texas, 1925, as amended, each member of the Texas Municipal Retirement System who has current service credit or prior service credit in said System in force and effect on the lot day of January 1968, by reason of service in the em to and on such date has at least 36 months of crtbd eddited serviceenrith l be la nd is Credit" go thatlterm is d fined tinysualwed bsection'Urd)tot section 63.402 of said title) in an amount that is 1001 of the "bass Updated Service Credit" of the member subsection (c) of Section 63.402 of saidc itl ).as provided to Service Credit hereby allowed shall replace any Updated Sedated Credit, prior service credit antecede , special prior ae rvics antecedent service service credit credit it or same service, previously authorised for part ofo the (b) On the terms and conditions set out in Section 63.601 of said title anyy member of the Texas Municipal Retirement System who is el1gible for Updated Service Credits service with this Clty, and who has unforfeitod credit or prior municipality/or muni ipalitiees by rea on another of previous servvice, and was a contributing member on January 1, 1988t shall be accordance with, anddsubject oCredits section 63.601. adjustment as s is fothlinesaid section 63.401 odan saidwtitlihe A depositso requiredtton bid wadi I I I ` to the Texas Municipal Retirement System by esployese of the several participating departments on account of current service shall be calculated from and after the date aforesaid on the full amount of such person's earnings as an employee of the City. SECTION II. Increase in Retirement Annuities. (a) On terms and conditions set out in Section 64.203 of title llOb, Revised Civil Statutes of Texas, 1925, as amended, the City of Denton hereby elects to allow and to provide for payment of the increases below stated in monthly benefita payable by the Texas Municipal Retirement System to retired employsea and to beneficiaries of deceased employees of this City under current service annuities and prior service annuities arising frog service by such employees to this City. An annuity increased under this Section replaces any annuity or increased annuity previously granted to the same person. (b) The amount of annuity increase under this Section is computed as the sum of the prior and current service annuities on the effective date of retirement of the person on whose service the annuities are based, multi lied by 70% of the ppeercentage Chan a in Consum"r Price Indat for all Urban Coneumers, from December of the year immediately preceding the effective data of the person's retirement to the December that is 13 months before the effective date of this ordinance. (c) An increase in annuity that was reduced because of an option selection is reducible in the ease proportion and in the same manner that the original annuity was reduced. (d) If a computation hereunder does not result in an increase to the count of an annuity, the amount of the annuity will not be changed hereby. (e) The amount by which an increase under this Section exceeds all reviously granted increases to an annuitant is an I obligation of this City and of its account iu the municipality accumulation fund of the Texas Municipal Retirement System. ' SECTION Iii. Effective Date. Subject to approval by the .Board of Trust so of Texas Municipal Retirement System, the L updated service credits and increases in retirement annuities I ranted hereby shall be and become effective on the 1st day of January, 1989. PAGE 2 ~I PASSED AND APPROVED this the day of ArMST: APPROVED AS TO LEM FORM: DEBRA ADAMI DRAYOVITCHj CITY ATTORNEY i f by: I f~ i E i t i PAGE 3 f i Y~ TEXAS MUNICIPAL. RETIREMENT SYSTEM X200 NORTH INTERSTATE 25. AC $12/476-7677 POST OFFICE IOM 7225 AUSTIN, 7EKAS 71761 , June 21, 1988 Mr. Thomas Klinck Director of Personnel City of Denton 213 E McKinney Denton, Texas 76201 Dear Tom: The Updated Service Credit and Annuity Increases study for the City of Denton has been completed. Enclosed Is an Explanation of Plans, along wltn benefit estimates for both active employees and retirees under the various proposed plans. Under Plan 1, the City can adopt 100% Updated Service Credit, Including the Updated Service. Credit for 9 transfer member(s) with untorfelted credit in other TMRS member cities. This plan also includes the adoption of the following provisions of Senate Bill 303: 1) Retirement at any age with 23 years of creditable service, 2) Survivor benefits for the spouse of deceased employees who are vested at the time of death, 3) Occupational disability retirement plan allowing certain benefits for employees who become disabled to perform their particular job or occupation, 9) Prior service credit for those employees prev;ously Ineligible for TMRS membership due to age at the time of employment, who became members of TMRS effective September 1, 1987. Our records Indicate you have no over-ape - employee(s). - In addition, the City could adopt Plan A under Annuity Increases, which would grant each retiree an increase equal to 70% of the change In the Consumer Price Index, less previously granted Increases. It previously granted Increases exceed the percentage of the change In the CPI since retirement, the retiree will not receive an Increase and will retain their present benefit. If the benefits of Plan I (Updated Service Credit) and Plan A (Annuity Increases) are adopted, the City's 1989 contribution rate will be 3.9796. The City will have twenty-five yeah In which to amortize the additional cost of these benefits. Because of the retirement plan Improvements that your employees and the City will realize at a small additional cost, we highly recommend that the City adopt the S.B. 303 provisions described In the second paragraph. More than 60% of TMRS adopted these provisions. Should you have an member cities have already to contact our office, Y questions regarding the studdyyp , please feel tree Sincerely, GWA/pjh hAsslystln bsures Director Ene i UPDATED SERVICE CREDIT AND ANNUITY INCREASE STUDY 358 - CITY OF DENTON EFFECTIVE DATE - JANUARY 10 1989 I. UPDATED SERVICE CREDITS `PROPOSED PLANS - f PRESENT PLAN 3 4 n 5 DEPOSIT RATE 5 55 pp MATCH NO RATIO 2.0%1 2 0%1 2 0%1 2 0%1 YE3TIggN0 rr 16 pYRS 1a YRS 16 YRS 311; YRS I U~DATEDSSERYICE3CREDIT 100(84) 100% 100% 100% I CONTRIBUTION RATES 1988 1989 1989 1989 1984 N__N - _ N N _ 1989 1989 MAL OST ?2a 335g g -5- t~ 3 NN_ _._N CTA ADDI7IONI 0:0 01:2Z 4.0g0 1.641 2.24 0.02 _0.02 0.03 RETIREMENT N - 4.99 4_ .94 -5.57 7, 7.07 8.58 _N_- i SUPPLEMENTAL DEATH(A&R) 0,33 0,31 0.31 0,31 0,31 ---N TOTAL RATE 5.32 5.30 5.88 7.38 8.89 j UNFUNDED ACTUARIAL LIABILITY({) 2021613 4204905 6548742 9933580 AMORTIZATION PERIOD IN Y-AAS 20 25 25 25 25 25 11, ANNUITY INCRLASES PROPOSED PLANS - - - E PERCEYTAOE OF CONSUMER PRICE INDEX (CPI-U) 70 60 ADDITION TO THE PRIOR SERVICE CONTRIBUTION RATE 0109 0,06 pSO4 40 30 E ADDITION I0 THE UNFUNDED ACTUARIAL LIABILITY 0.03 0,02 340184 253871 176145 128294 90503 TO DETERM~~IF ANGf}}(9 TIUNyyDERCTHERAPPggROPRIATEEUPDATEDVSERVICECCREDITTPLAN TO THEAPERCENTAOEERATEDSH OSiN NUNDER THE YAAIOUSEANNUITYD { air E i «MLP 3YEES3FOAITNECCI~T'YIONTTHE STUDYFgATEPECIAL UPDATED SERVICE CREDITS FOR TRANSFERS, THERE WERE 9 ELZOIBLE i I I f I i . UPDATED SERVICE CREDIT AND ANNUITY INCREASE STUDY EXPLANATION OF PLANS TMRS member cities have the opportunity to annually adopt Updated Service Credits and Annuity Increases, providing cities the opportunity to upgrade retirement benefits for both active employees and retirees who are currently receiving a monthly annuity from the System. If the City adopts 100tH Updated Service Credit, a member's accrued retirement benefit is recalculated based on the member's average monthly salary for the three- year period of 19839 1986 and 1987, assuming the member had always earned that average salary and made contributions to the System, matched by the City, on the basis of the three-year average salary. In other words, a member's retirement benefits are "updated" based on the higher wages earned In recent years. In addition, It the City has Increased the employee contribution rate and/or the City's matching ratio, the new Updated Service Credit will reflect those changes. If the City adopts Updated Service Credit of less than 100%, the percentage adopted will be used in calculating the members benefit credit. The proposed plans on the Updated Service Credit Annuity Increase study are prepared as follows: 1) The first plan Includes Updated Service Credit, along with the optional provisions of S.B. 303 and/or 10 year vesting, If the City has not previously adopted these provisions. 2) If your City has a matching ratio other than 2/1 or an employee deposit rate other than 796, additional plans will be shown with a higher City matching ratio or a higher employee deposit rate. These plans will also Include the optional provisions of S.B. 303 and/or 10 year vesting If the City has not previously adopted these provisions. 3) If your City requested any specific plans, these plans will also be shown. The City also has the option to adopt Increases In the monthly annuities being paid to Its retirees. Most cities adopt annuity Increases along with Updated Service Credit, and do so each year. The Increase that can be granted to retirees is calculated based on a maximum of 70% of the change In the Consumer Price Index (CPI-U), less any previously granted Increases. The change In CPI is measured from December preceding the Individual's actual retirement date through December 1987. By adopting Updated Service Credit/Annuity increases each year, the City can provide a retirement program that keeps benefits In line with Increases in employee's salaries, In addition to protecting annuitants monthly retirement benefits from the effects of Inflation. As an additional consideration, cities that adopt these benefits on an annual baste experience smaller changes In their contribution rate on a year-to-year basis. r r7fri ff ' I LID= H#R JAME I i CITYofDENTONrTEXAS MUNICIPAL BUILDING ! DENTON, TEXAS 76201 TELEPHONE (8171566-8100 M E M O R A N D U M TO: Betty McKean, Executive Director Municipal Services/EconomLc Development FROMS Thomas W. Klinck, Director Personnel/Employee Relations DATE: December 2, 1988 E SUBJECTS Flexible Benefits (Section 125) Proposals i Betty, this memo outlines the recent responses to our 'Request For Proposal' for our Flexible Benefits Program (Section 125) and recommendation for 1969. As you will recall, in our 'Request Pot Proposal' for health and life insurance programs last year we included a section for Flexible Benefits (Section 125) implementation. Analysis of costs, firm's experience, references, etc. indicated that Employee Resource Administration Corporation (ERAC) was the organization we wanted to conduct employee meetings and administer our program. We recommended ERAC to the City Council, and they concurred, Subsequent to that, a member of s local firm, Mr. Tom Atkins, expressed his concern regarding our selection of ERAC as administrator for our Flexible Benefits Program. He felt the proposal submitted by his client, W£BCO, was more appropriate for the City. We investigated his concern and explained to both the Mayor and Mrs Atkins our decision. E in order to demonstrate our commitment to consider local firms, we agreed to re-evaluate the program this year, Three proposals were submitted this year by the following firma: { o Employee Resource Administration Corporation (ERAC) o WEBCO o Leggette and Company Mrs Atkins is no longer affiliated with WEBCO, but he did arrange a proposal from Leggette and Company. Attachment 1 details a breakdown of costs of each firs, and Attachment 2 outlines each proposal's points for the factors we are evaluating. } i I i I i I Memo - Betty McKean Flexible Benefits Proposal Page 2 ERAC assisted in the City's first enrollment last year in which 150 employees participated. FICA savings were approximately $5,188.70. We believe that ERAC has Acne a very good job with our program, particularly recognizing that it was the first time the program was offered. Considering the minor cost differential between wEBCO and EPAC ($200) and the considerable changes employees have been faced with in the health Insurance program, we recommend continuing with EPAC. If we switched administrators on the Flexible Benetits Plan at this time, all employees would have to be oriented in the new filing procedures, new forma, new names, etc. In addition, a switch would result in extreme hardship on staff to explain the new program and new forme. Additionally, it would require extra time to input the new deductions on the computar system. Allowing us to continue one benefit that has been well received will offer some continuity to the program and eliminate confusion in this area. ERAC has done an excellent job administering the program. They have been responsive to our requests, cooperative and helpful. During the year that ERAC has administered our plan, there have been very few complaints (approximately 41r which were during the implementation period). These complaints were handled professionally and resolved in a timely manner. i Open enrollment for Flexible Benefits will run from December 15, 1988 - December 30, 1988 with implementation effective January 1, 1989. Since we had a major effort with the initial enrollment, we propose holding a limited number of meetings for any employees who are interested in either enrolling in this program or revising their current coverage. If we can provide you further information concerning this recommendation, please let me know. Thomas W, Minot- attachments i f s 14772 12078810750 i joF ATTACHMENT 1 FLEXIBLE BENEFITS SECTION 125 Leggette I Employee P.esource I WEBCO I and Company I Administration Corp. i I 1 None I None start up Fee I None I I 1 None 3,000 I ~ Admin. Coat I $ 7,125 (-Flat feel I ($9.50 x 750) i I I I 1 $ 205 I $ 2,700 Supplies ) Included in I I (-Meetings) Communications Fee I I (-payroll 1 stuffers) I I ( 1 $ I 0500 I $ 3F500 7 Communications $ 2+000 I (-Flat fee) ($10 x 150 emp, ($1500 for I and enroll- ment material) I ($2000 for t 1 ( enrollment 1 I meetings) E ~ ) 1 I 1 I $ 80400 { $ 9,600 Monthly Service) $ 71200 1 Pee I ($3/employee/month) i ($3.50/employee/month) i (S4/employee/month) (200 employees)I I f~! I I I % I 1 None I $ 100 Travel I None I I I ( I 1 1 { I I I I 1 $18,900 4 TOTAL COST I $16,325 I $16,105 I I f 4224P/p. 9 112988x0840 4'r ATTACHMENT 2 FLEXIBLE BENEFITS SECTION 125 Evaluation I Employee Resource I ! Leggette Factor I Administration Corp. I WEBCO I a,d Company I I I Plan Adminis- to Anti-discrimination to Anti-discrimination to Anti-diecrimination tration I reports I reports I reports to monthly billings to Monthly billings Io Current account balances to Monthly activity report to Monthly activity report I are listed on the stub of Io Annual employer data to Quarterly statements I each check. Check may be I summary to Annual report (Monthly I distributed by-weekly to Quarterly statements I expense recap report) to Quarterly statements to Information for annual lo complete 5500 report to Annual reports/depeudent 1 5500 report to Claims paid on a monthly I care report/complete 5500 (o claims paid daily I basis since childcare is I report to Payments can be set up I not deducted from check lo claims will be paid from a I on a 26 week payroll to Employee signs affadivit I general flexible spending to As funds are trans- I stating the amount of I account that Leggette hay I ferred to their accountpl child care expenses they I set up. In addition, the I claims are paid I will incurr receipts I City will set up a bank to Will prepare plan I verifyir,g the amount are I account for Section 125 I document I submitted monthly I deposits and as reimburse- 1 I (There has been some I ments come in, Leggette I concern regarding the I will transfer money from I legality of this process)I that account upon approval I to Will prepare plan I from accounting. I document to Will prepare plan document Communication to Conduct group and to Conduct small group to Prelimary meetings with I individual employee I meetings and assist each I City personnel to discuss , 1 meetings I employee in completing I 1)dfstribution of pre- to supply payroll I survey form I enrollment material, I stuffere to Individual compensation 1 2)scheduling of training to Supply each employee I report I workshops for City i with individualized to Payroll stuffers I representatives, I computer runs 1 I Mog istics of employee E I enrollment sessions I I to Payroll stuffers 1 to Training of city payroll I I I personnel department I I employees t j j 1 to Enrollment meetings II 1 k 4221P/p4 11086810855 1 I I ~ ATTACHMENT 2 FLEXIBLE BENEFITS SECTION 125 Evaluation I Fmployee Resource I Leggette Factor I Administration Coro. wEBCO I and Company 'I I I I Experience !o 3 years Io 3 years to 2 years Administering I Section 125 I I ! plans I I E I I Number of 10 50 to 70 io 40 clients I ! I I I Number of 10 4 Io 3 l0 5 Employees I I I I I I years of Exp- to Claimn Manager-14 yrs. Io Manager-4 yrs. !o Consultant-12 yrs. erience I Asst. Clams Mgr.-10 yral Accounts Manager-3 yre. 1 Consultant-10 yrs. I Claims Payor-1 year I Computer Operator-3 yrs. I Staff Administratoi-2 yre. I Client Services-5 yrs. I Staff 'administrator-1 yr. I Staff Administrator-1 yr. i I I I References to Clty of Der.t m - to City of Midland - Very to TeMas A i M University - I Currently processes I satisfied with services. I Started in Septembers I claims paymentsl very I Second year using them. I excellent in setting up 1 I good job. 3-5 day to Right Hawk Foods - Two 1 plan working with Data J I turnaround. i years as client. Very Processings very know- lo Northoark National Bank I satisfied. I ledgable about system. - Very good, very I - I I cooperative, very I I helpful to Delta Strapping Corp to Folsom Investments - I Clients for 1 years very I Excellent I satisfied. I I I I a I I i i~ } I I I 4224P/p. 5 11088810855 ~ i i ) f Y DATE:December 13, 1988 CITY COUNCIL REPORT FORMAT r TO: Mayor and Members of the City Council FROG: Lloyd V. Harrell, City Manager SUBJECT: Section 125 - Flexible Benefits RECOMMENDATION: Based on the proposal evaluations, we are recommending that the City renew their contract with Employee Resource Administration Corporation (ERAC) to administer the City of Denton's Flexible Benefits Program. ERAC assisted in our first enrollment last year in which 150 employees participated. Our FICA savings were approximately SS,1BS.70. We believe that ERAC has done a very good job with our program, particularly recognizing that It was the first time the program was offered. SUMMARY: Under Section 125 of the Internal Revenue Code, a Flexible Benefits Plan allows employees to pay for certain benefit expenses with pre-tax` rather than 'after-tax: dollars such as health plan premiums, unreimbursed medical expenses, and dependent child care expenses. As a result the employer saves on FICA taxes and the employee receives an enhanced benefit package. BACEGROUNDt Three proposals were received for the administration of tho Flexible Benefits Program. All proposals were evaluated based upon cost, ability to administer the plan, communication process with employees and City Personnel Department, ease of Implementation, and references. Based on careful evaluation and analysis, we are recommending that ERAC be considered for the administration of the Flexible Benefits Program. Considering the minor cost differential between WEBCO and ERAC and the considerable changes employees have been faced with in the health insurance program, we recommend continuing with ERAC. If we were to switch administrators on the Flexible Benefits Plan at this time, all employees would have to be oriented in the new filing Procedures, new forms, new names, etc. In addition, it will result in extreme hardship on staff to explain the new program, new forms and additional time needed to input the new deductions on the computer system. Allowing us to continue one benefit that has been well received will offer some continuity to the program and eliminate confusion in this area. PROGRAMS DEPARTMENTS OR CROUPS AFFECTED: Participation in the Flexible Benefits Program is voluntary. However, all regular full-time City employees working 40 hours weekly and part-time City employees working at least 20 hours weekly will be eligible to participate in the program. 4 I City Council Report Format Page 2 FISCAL IMPACT: COST a 816,375 7 Pespec lly Submitted; P[e red by: L4ffffiW fr 1 Cit Manager Thomas W. XJ.WcR-0--IUrector Personnel/Employee Relations Appro Betty McXean Executive Dire r for Municipal Services/Economic Development i j i~ a 5122P h 110888:0830 f i I i h 1 1 f I ` P R O P O S A L F O R C I T Y OF D E N T O N f S E C T I O N 1 2 5 { I j I I ~ i PRESENTED BYt GROUP ADMINISTRATORS INC. 10440 NORTS CENTRAL EXPRESSWAYt SUITE 300 DALLAS} TEXAS 75231 j I ~ I SPECIFIS~T7D1iS 1. The cost for Administration of the Section 125 plan would be $9.50 annually per eligible employee paid by the city and $3.00 per month paid by each participating employee. 2. The employer would receive monthly activity reports and a monthly billing. 3. The employee would receive a quarterly statement showing account use and balance, i. Annually, the employer would receive an anti- discrimination report, an employer data summary, a reimbursement plan summary, and information for Form 5500 preparation. 5. Claims are paid daily. 6. Claims are dated when received, routed to claims payor, employee's account is verified when claim is received for funding. if funding is avaiable, the employee is sent a reimbursement check. 7. Yes. Samples available at City of Denton. S. Turnaround time is 7-10 working days. 9. Our company has been administering Section 125 plans for two years. 10. Pnnual Report 11. Claims processing May ling Claims Manager 14 years Carol Duffer Assist. Cla,tmn Mgr. 10 years Kim James Claims Payo: 1 year Jo Lester Client Services 5 years 12. Assignments can be made. 13. The plan could be communicated in two ways 1. Group meetings for new employees only. Individual meetings for new employees and other employees with questions. All employees on the plan could self- enroll. 2. Group and individual meetings for all employees. 18. The cost for communication would bei Plan 1 - 02,000, Plan 2 - 810.00 per eligible employee. 15. No insurance would be sold. i i 16. References on file with City of Denton 17. Contract on file with City of Denton. t r { f t i i CRPD3066:01-i1 BI PACE: 1 REIRMEAINI PUM MARY MINT DATE: 10-01 U 11 04 POLICY NO.: 43400000 TMRU 43400000 PERIOD: 01-01-80 TON 09-30-88 j POLICY: 43400000 - CITY OF DENTON RIALTO CARE IEPINDENT CARE EIPLOYEE MARL 510, N0. COKIRII. ADJUST. CLAMS MLANCF CONTAIN. ADJUST. CLAIRE MAKE - - - AUISOM LIE N 431008324 270.00 D0 210.00 .00 00 .00 .00 .00 ANILRSON C. 1 462394544 101.00 .00 .00 100,00 .00 .00 .00 :00 AIISIIM SOIL 1 451232218 1,837.80 .00 11614.00 223.80 .00 .00 .00 .00 Mll ~Id11C 9 539703874 360.00 A4 267.73 92.27 DO .00 .00 ,00 MRRbN STEVE 575609684 90.00 .00 Do 90.00 .DO .00 .00 ,00 uAM WAS J :37682190 135.00 .00 132.40 3.00 00 .00 .00 .00 ILOR,, IMO N 467665131 10.00 .00 .00 10.00 12.82 oa 00 13.92 BMIYI SILVER C 291464326 1,206.00 .00 1,076.00 130.00 270.00 .00 270.00 .00 AAA 563642614 1,217.00 .00 2083.41 19359 . IROINI NILLIS 1 266342240 $4.00 .00 .00 54.00 :000 0 .0000 .000 0 .00 CAACILE, 10111E 466927232 144.00 .00 144.00 .00 31465.00 .00 3,465,00 .00 CARTON, OLIVIA R 427487945 675,00 .00 600.00 75.00 .00 .00 .D0 .00 /C IAN, JERRY A 524g9g0yy1~4 2527.00 .00 738,00 189.00 624.00 .p0pp0p 624.00 .00 ,66 .DO ,¢0 .66 .DO ,C4 :00 ~ YFC [eRM1 A 45702052930 ,150 250 340.00 .00 2,285,00 $3.00 .00 OQ` gI~001fI CIRCER 1 451150179 202.50 .00 200.00 2.50 M.00 .00 313.00 TNML[ J;wI N 4365/3998 11.61 .00 141.61 .00 .00 ,00 .00 .00 IRAYO~ITCA MEN A 460%7722 450.00 .00 .00 450.00 .00 .00 .00 .00 FAANER awls A 453608877 225.00 JO .00 225.00 .00 DO 00 .00 FI I~IC 101111E J 572334474 64.04 DO 49.43 14.57 100.00 .04 630.40 150.00 i JOEL 1 +3149067 1_44.00 .DO 93.94 50.06 3,475,19 QO 3,475.19 .00 E IFrIrNI NT 1 1115 7.. 45:0Q00 .0000 2_1.000 0 23.00 1,260Jo 00 :000 1,20.000 140.00 p1I~ 11MIlERto 43702233 923 90.00 .00 90,04 DD .00 Do 00 ..00 00 i OOII'RENIErN ] 465946780 225.00 .DO .04 125.00 .00 .00 .00 .00 CONI~lE$I JAINE 45123/013 .00 .00 QO ,QO 492.96 D~0 714.50 IN 46 CAECOIR, KIM 450333516 100.00 .00 108.00 4000 ~COR9 WAR 8 450332539 106.23 p~ 75.00 31.25 .00 00 00 .00 .00 "YI' 1 1668430; 532121500 :DO 5391 Q0 000 .00 0 00 0 no 0 l 0 :0 .0 .000 1 16 1623 04 .00 117:94 80: 252: DO .DO 231.50 14.50 lIC1OI~N 1 N 46 5760 1,800..00 .00 1,397.30 402.70 00 .00 .00 .00 I11IN C 249028283 .00 .00 .00 .00 1,149.94 00 3,446.00 303.94 IMICIfIl01U POOL 229138794 400.00 .00 193 50 206.50 .00 :Do 00 .00 ~ 1AR~f L 459130458 '"M: 00 .00 208.19 7.01 .00 .00 :Do .00 142NEA TWA$T N 4 23946418 2, 00 . DO 2,250-00 .00 . DO . CO .00 .00 43e"m M.00 IiTE ,S Tt A IO 450.000 0 x:000 .0000 45000 1,800. 7.69 1,807'69 w .00 00 LOST EA, CLIFFORI l 450341 68 36.00 .00 24.00 12.00 .00 ,00 .00 .00 E I f E~ f I 1 ols PAGE; 2 8Rr13066:01.11-iB RIIRNORSENENT PLAN SUMMARY CURRENT DATI10-03'18 11;04 pkfCC9 110.1 4340M IRWa 43400000 PIRION 01-01-88 TNRU 09-30-00 POLICY; 43400000 - CITY OF PINION NEALTN CARf..._ DEPIIIDENI CAAE....---...__... E11IL01E[ NA1E SE1. NO. CONIRII. AOIUST. CLAIMS BALANCE CONTRIB. ADJUST, CLAIMS ULANC._ . .00 MgRIQit ALLAN 0 1465093% 110.00 .00 100.00 .00 .40 .00 .90 TIC EN SA IKON 499504010 99.00 .00 99.00 .00 DO 00 .00 .00 ACCI[I~01 LLM 440462211 90.00 .00 65.00 25.00 .00 .00 .00 .00 ITT 1 446402304 540.00 .00 540.00 .00 .00 .00 .00 .00 QJ~EI pl, WKI L 461902528 t10.00 .04 150.00 22.00 .00 .00 .00 .00 1~0~1011 46101N35 315.00 .00 176,04 138.16 .00 00 .00 .00 11fNf1l~ AU C111 460720456 90.00 .00 39.00 31.00 2,250,00 .o0 2,250,00 .00 II~I1~I, RICfAA1 L 411740262 45.00 ,00 30.00 15.00 400,00 .00 262.50 137.50 A>3aN TERi81 467904119 90.00 A .00 90.00 DO .00 .00 .00 LM 1 457029243 354.17 .00 131.17 223.60 270.00 .00 150,00 120.00 ~E 501540960 210.00 .00 312.00 270.00 .1 .00 .00 .00 L 461129066 403. .00 94 .58 21.31 2.190.00 .00 2x095.00 695.00 1 449341173 581.22 DO W. 12 .00 .00 .00 .00 .00 8, PAUliii[ 393528655 11533.60 DO 1,533.60 .0p 2,160.00 DQ 1,795.00 365.00 am 450293720 135.00 .00 135.00 .60 .00 .00 .00 .00 461172180 .00 .00 DO .00 1,600.00 OD 1.600,00 .00 om N 459003138 1.017.00 .00 1.017.00 .00 1,415.16 OQ 11415.16 00 R#I1 NOll~l in413116 234 , 00 .00 190.00 36.00 , 00 .00 .00 .00 I J NiTLtPP Ifl 1 51076056/ 126.00 .00 .00 126.00 .00 .00 .00 .00 JACK 401111109 181.25 .00 146.10 15.15 31240.00 .00 3,240.00 .00 y 461113291 t80.00 .00 100.00 72.00 2,340.00 .00 21J05100 35.00 1IT[R, ELL N 451/26153 .00 .00 .00 .00 1,100.00 .00 11800.00 .00 MR 451461155 2,133.00 .00 11493.71 639.22 .00 .00 .00 .40 1~1fR ICTOR J 452102408 112.50 ,40 .00 112.50 .00 .00 .00 .04 1 .Rath A 46211Nl9 255.00 .00 44.00 211.00 .00 .00 .00 .00 nII11I9 1 45/411441 120.00 .00 128.88 00 00 Do .4o .00 ClNtfVEN 9 501728526 135.12 .00 135.72 .00 .00 .00 .40 NpIR[ L 4116H551 166.65 .00 102,00 64.65 11100.00 .00 11100.00 .00 452961590 72.04 .00 72.00 .00 1,125.00 .00 1,125.00 .00 0 N 46021941 369.00 .00 255.00 114.04 .00 .1 .04 .00 OIEK1 AICK 389400050 21700.00 .00 1,321.47 1,371.53 .00 .00 .00 .00 TML_ r TWIT J 460017607 .00 .00 .00 .QO 11942,30 .00 1,595.00 347.3/ i JOE 454602090 225.00 .00 225.00 .00 .00 .00 .00 .00 IIgOtA NO/RT N 346310H6 90.00 .00 12, NO .00 .00 .00 .00 TlA[IBbN, NARLENE C 459471112 .00 Of .00 11920.00 .00 1,040.77 19.23 { T01LIN, C I 461640014 135.00 :00 .00 135,00 .00 .00 .00 .00 ID1M31E LINM 1 461640125 225.00 .00 $2,00 173.00 .00 .00 .00 .00 IffLl1, R~9 4505A1184 96.00 .00 .00 %.00 .00 .00 .00 .00 NQ1F, N[MA 460%0143 100.00 .00 .00 108.00 .00 .00 .00 .00 NNIR, 1AI~AA N 46111165 1, 800.00 OD 11904.00 00 1,305.00 OD 11305.00 00 I CAP03066:0l-ItBA PACE: 3 REIP MISENINT PLAN SWNAR9 OURRENI 1111E:10.03-88 11,04 Mal 14:0 43400000 To 43400000 PERIOD: 01-01-80 TNRU 09-30.88 ..P0.IC9: 43400000 - all OT DENTON f NEILTN CARE DEPIKUNT CARE M19EE MARE SEQ. N0. COATRIN. MUST. CLAMS WAKE CONTRIS. MUST. CIAIRS BALANCE ~ NILLIM, 111M" 595442803 216.00 .00 .00 216.00 .00 .00 .00 .00 ~ EIPLOIER TOTALS: 30,122,03 600.80. 25,990.41 1,400.16 42,974.55 7.69 401313.31 21708.93 TNANSKT C01A(TS: 1,274 1 417 419 1 311 KPORI IOTILS: 35,122.03 680.80- 27,990.47 8,450.76 42,874.55 7.69 40,371.31 21708.93 N INAN9ACI COMM 1,214 1 417 419 1 317 INIALANCE AAOUNIS: NUNIEN 01 ERRORS: 0 ARM: 9.00 I, L f f t I i i i " i , 1 1 ~ EMPLOYEE RESOURCE ADMINISTRATION CORP. 10440 N. CENTRAL EXPYY SUITE 300 DAL~E1;)T373-4767231 DALLAS DP DEPT. GRP03067 PACE: 1 CITY OF DENTON EMPLOYER NUMBER . 43400000 SOCIAL£SECURITY NO.: 425-94-6078/31/88 REIMBURSEMENT PLAN STATEMENT AS OF 11-01-88: HEALTH CARE DEPENDENT CARE CONTRIBUTION 02-03-88 125.00 .00 CONTRIBUTION 02-03-88 125.00 .00 CONTRIBUTION 02-12-88 1°_5.00 .00 CLAIM 02-25-88 3170.00 - .00 CONTRIBUTION 02-26-88 125.00 .00 CLAIM 03-02-88 116.95 - .00 CLAIM 03-08-88 13.05 - .00 CONTRIBUTION 03-11-88 125.00 .00 CLAIM 03-11-88 121.95 - 00 CLAIM 03-16-88 3.05 - .00 CONTRIBUTION 03-25-88 125.00 .00 CLAIM 03-25-88 125.00 - .00 CONTRIOU71ON 04-04-68 125.00 .00 CLAIM 04-04-88 125.00 - • 00 CONTRIBUTION 04-18-88 125.00 .00 CLAIM 04-18-88 46.95 - .00 { CLAIM 04-18-88 78.05 - .00 CONTRIBUTION 05-g2-88 125.00 .00 CL IM 05- 2-88 46.51 - .00 CLAIM OS-08-88 78.49 - .00 CONTRIBUTION 05-10-68 125.00 .00 CLAIM 05-10-88 21.51 - .00 CONTRIBUTION 06-01-88 125.00 .00 CLAIM 06-14-88 228.49 - .00 CONTRIBUTION 06-21-88 125.00 .00 CLAIM 06-21-88 125.00 - .00 CONTINUED ON NEXT PACE i 1 { I1 f l r CITY OF DENTON CRP03067 PACE: 2 PLANOYEAR; FROM 01/01/86_THAU 12/31/88 SOCIAL SECURITY NO.: 425-94-6078 REIMBURSEMENT PLAN STATEMENT AS OF 11-01-88: HEALTH-CARE DEPENDENT CARE .00 CLAIM 07-11-88 125.00 .00 CLAIM 07-11-88 100.00 - CONTRIBUTION 07-18-88 25.00 - .00 ` .00 CLAIM 07-18-88 125.00 CONTRIBUTION 08-18-88 125.00 - CLAIM 08-18-88 6 18.49 .00 CLAIM 06-18-88 68.49 - .00 CONTRIBUTION 08-26-88 Sb.51 - .00 CLAIM G8-26-86 11 2525 30 .00 CONTRIBUTION 09-12-88 .0 0 - CLAIM 09-12-88 125.00 CLAIM 09-12-88 40.00 - .00 CONTRIBUTION 09-23-88 125.00 CLAIM 09-23-88 125.00 - .00 00 CONTRIBUTION 10-07-88 125.00 .0 CLAIM 10-07-88 53.53 - 0 CLAIM 10-07-88 71.47 - CONTRIBUTION 10-21-88 125.00 CLAIM 10-23-88 125.00 - .00 CONTRIBUTIONS-TO-DATE: 21500.00 .00 CLAIMS-TO-DATE: 21500.00 - .00 - BALANCE: ! .00 ! - - .00 All reimbursement expenses must be incurred within the plan year dates and mbe claimed frog E.R.A. for ug 10 9 days from the end 011190 plan year or 90 days from the employment S termination date, whichever is first. 1 i 1 CITY Of DENTON, TEXAS PURCHASING DIVISION l 901-8 TEXAS STREET l DENTON, TEXAS 76201 ?EgUgSLE%k_ PROPOSALS RFP/?_9907 THE CITY OF DEMON, TEXAS WILL RECEIVE SEALED PROPOSALS CONSISTING OF 3 COPIES UNTIL 2tOO P.M. ON QgQBER 2Ji 1988 FOR SECTlC 125 INSU AFIC,F---6FIVEFI'1S "WdZ i M ADMINISTRATION. THIS REQUEST FOR PROV03AL IS NOT A BID AND WILL NOT BE " OPENED PUBLICLY. THE PROPOSALS WILL BE RECEIVED BY THE PU WIL RL Ei MAAGENT PUBLIC AND ENo PARr OF MIS XCEPT iAS REQUIRED ~SY T STATE STATUTE , AFTER AWARD. THE CITY OF DEMON STAFF AND CITY OXMIL WILL REVIEW AND EVALUATE THE PROPOSALS. SELECTION WILL BE MADE BY PHIS PROCESS. ALL I INFOR4T 1 ON, CLAR 1 F 1 CAT i ONS , OR CHANGES IN CONTENT OR INSTRUCTIONS OF THIS REQUEST FOR PROPOSAL MUST BE SUBMITTED IN WRITING TO THE PURCHASING AGENT AT 901-B TEXAS, STREET, DENTON, TEXAS 76201, PHONE NUMBER IS (817) 566-8311. i f i 8171566.8311 DIFW METRO 267-0042 t i I BID NUMBER SPECIFICATIONS Page 1 R"# P-9907 Of 3 Purchasing Deportment City of Denton, Texas do The City of Denton Texas, currently employing over 750 regular full-time and past-time employees, invites qualified organizations to sulmit bids to administer our Section 125 benefit programe Organizations who wish to bid should complete the questions below. Presentation should be prepared to implement by December 1, 1989. The award of the contract will not be based on cost alone. The City is seeking a combination of last rates combined with specified services such as claims processing procedures, turnaround ttme, references, length of experience, claims administration, past experience p, frequency of reports, and check payments. 1. What would be the cost for Administratio.t of a Section 125 Plan? To City To Participating Employee , 2. What monthly reports would be generated? (Include samples.{ 3. What quarterly reports would be ger.arated7 (Include samples.) 4. What annual reports would be generated? (include samples.) 5. Now often would claims be paid? (include sample claim forms.) f r 6. Describe claims f payments process. 7. Do you use a voucher system? (provide sample documents.) S. What is your turnaround time? 9, how many years has your company been administering Section 125 Plans? 10. provide a copy of your annual report. ~ f . t BID NUMBER SPECIFICATIONS Pape 2 or RFP/ P-9907 3 Purchasing Department Gty of Denton. Taxes 11. List the number of employees in your organization directly involved with claims processing. Name Title Years Expe`Ce 1. 2. 3. 4. S. 17. Would Assignments be made? 13. Now would the plan be communicated? (Include samples of all communication materials, enrollment forma, etc.) 11. Bow much would be charged for communication? 15. Would insurance or scare other product be sold? If yes, what , product? 16. Include references (firms, businesses and other organizations) that you provide administrative services for Section 115 programs. I is 2, 3. e r i 4. I 17, for full consideration, bidders should include a copy of their ' E contract with the bid. i I I BID NUMBER SPECIFICATIONS Page 3 of 3 RFP# P-9907 Purchasing Department City of Denton, Tewre HISTORY The City of Denton's Flexible Benefits Program has been in effect since January It 1988. The program is currently being administered by Employee Resource Administration Corporation. The participation in the program is as folloxss I o Premiums (Health, Dental, Optional Life) 185 o Dependent Care Reimbursement 21 o Unreimbursed Medical 71 I Total Employee Participation to 150. Any questions regarding this program should be diracted to Nedca White at (Bli) 566-8340. 1 i ' k a 1 1 I 0921• i 2565L NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH EMPLOYEE RESOURCES ADMINISTRATION CORPORATION FOR ADMINISTRATIVE SERVICES RELATIVE TO THE CITY'S PROPOSED FLEXIBLE BENEFITS PLAN; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Mayor is hereby authorized to execute the contract with Employee Reeources Administration, Corporation, a copy of which is attached hareto and incorporated herein. SECTION II. That the City Council hereby authorizes the expenditure o ends in the manner and amount as specified in the agreement. SECTION III. That the City Council hereby authorizes the City Manager [o execute the City, of Denton Cafeteria Plan in substantially the form as shown in Exhibit A attached hereto. SECTION IV. That this ordinance shall become effective immediately upon its passage and approval. f PASSED AND APPROVED this the day of 1988. f 1 i i ATTEST: JENNIFER WALTERSo CITY SECRETMY APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY ' in BY: i 2565L THE STATE OF TEXAS § AGREEMENT BETWEEN THE CITY OF DENTON AND EMPLOYEE RESOURCES COUNTY OF DENTON § ADMINISTRATION CORPORATION This agreement, executed the lstyy day of January, 1989, is between the (City of Denton and the Claims Administrato T a Texas Corporation. ration Corporation, WITN~TH'. SECTION I. The Plan 1.1 The City of Denton will adopt a cafeteria plan of benefitsy under Section 125 of the tax code (the "Plan") providing secure tb which he benefitsisetlforthp inythe planthe City of Denton can 1.2 The administrator of the Plan (as defined by the Employee Retirement Income Security Act of 1974) is the City of Denton. 1.3 The name of the Plan is the City of Denton. 1.4 The effective date of the Plan is January 1, 1999. 1.5 The Administrator hereby appoints a Cl who Admilistrafor, an independent third party administrator, certain functions for the operation of the plan. SECTION 11. l The Claims Administrator: 2.1 The Claims Administrator, within the scope of its professional ability and its employment under this agreement, shall provide certain services for and shall assist the City of Denton and the Plan Administrator in the administration of the Plan as it may be requesCad and authorized from time to time. Such services shall include, but not necessarily be limited to the following: a. Completion of reports and payment of claims from the Plan to the participants. b. Provide periodic reports summarizing Plan expenditures. T c. Provide necessary data required for regulatory disclosure information compliance. d. Provide claim review, examination, and benefit payments, in accordance with the Plan Document. e. Maintain the Plan checking account, and all the necessary records for the Plan (if required). f. Communicate the Plan to the City of Denton employees in accordance with the Claims Administrator proposal submitted on October 25, 1988. g. Provide information for form 5500 preparation. h. Prepare anti-discrimination report as required by law. 2.2 The Claims Administrator is authorized to do all things it deems necessary to carry out the terms and purposes of this Agreement, including the execution of documents in the name of the Plan. 2.3 The Claims Administrator shall design and provide all necessary forms for the implementation, administration, and operation of the Plan. SECTION III. The City of Denton, 3.1 'i'he City of Denton shall assist the Claims Administrator l in any reasonable manner as to provide the services as set forth T by the Plan. Such assistance shall include but not be limited to the following: a. The City of Denton shall provide the Claims Admini- strator with a complete list of all employees who are eligible for benefits of the Plan. Thereafter, the Citq of Denton shall promptly notify the Claims, i Apudmpio nistrator of any and all changes in employment for Notification determining includeigiterminatiofor o, the Plan. off, or any other change athat ~may chap affect thdendent e eligibility uof any employee of the City of Denton. 3.2 The City of Denton shall provide the necessary funds to pay the Plan expenses. The City of Denton shall transfer all PAGE 2 funds necessary to the proper account in order ;hat proper distribution by the Claims Administrator may be carrie2 out, a. The City of Denton shall collect the contributions made by the partici nts of the plan, in the manner it may deem appropriate, and shall transfer the money so collected to the Plan on a monthly or more frequent basis. b. To the extent of its liabilities, the City of Denton hereby agrees to make all necessary contributions to meet the obligations incurred by the Plan for its eligible participants and eligible dependents where applicable. The Plan liabilities shall include premiums, claims costa, and administration costs as billed by the Claims Administrator. 3.3 The City of Denton shall assist in the enrollment of the employees into the Plan, and shall maintain a su enrollment cards or other documents, and shall distributeforomake available ouch documents to the employees. 3.4 The City of Denton herebyd agrees to cooperate with the aims trat pro claims andmPlan obligations,Taandrtransmiteany Inquires t ertai of to the Plan to the Claims Administrator, y q Pertaining t SECTION IV. Procedure for Application and Payment of Benefits from the 4.1 Any eligible participant or ppaa , dependent(s) may make application for benefits ci ftow the Planbby completing the claim form prescribed by the Claims Administrator. The applicant shall fullv and truthful complete such applica- tion for benefits and the applicant shly all su 1 information from personal or pp Y such pertinent professional sources as may be required by the Claims Administrator. 4.2 The Claims Administrator shall accept any application for benefits made in the appropriate manner, and shall determine eligibility of such application in accordance with the Plan Docu- ment. If the Claims Administrator determines that the applicant is entitled to receive ppe ment Claims Administrator shalI determine etheiamo ntm pahab eh1eb~ the the Plan, and arrange for the payment of such amount. yy yyla Administrator determines that the applicant is notlefligiblefor benefits from the Plan or any portion thereof is denied or PAGE 3 T reduced, the Claims Administrator shall notify the applicant and the City of Denton as to the reasons for denial, or reduction of such claim. The Claims Administrator may compromise or adjust any claim, application or application previously denied, or reduced in whole or part, as the Claims Administrator feels may be in the best in- terests of the Plan. If the Claims Administrator adjusts any such claim, he shall provide written notice to the City'a Personnel Director within 5 working days of such adjustment. The Claims Administrator shall be responsible for the initial review of all disputed claims. SECTION V. Compliance With ERISA and Indemnification of City: 5.1 Tit. City of Denton and the Claims Administrator agree to comply in all respects, individually and collect ivel with the Employee Retirement Income Security Act of 1975 {~RISA) and amendments thereto, and with all federal and/or other regulations pertaining thereto, as they relate to the plan. Claims Administrator agrees to indemnify and hold the City of Denton harmless from any and all loss, damage and expense, includ- ing court costs and attorneys fees, resulting from and arising out of claims, demands, or lawsuits brought against the Claims Administrator for any negligent act or omission in administering the Plan. Further, the Claims Administrator agrees to indemnify the City of Denton and hold the City of Denton harmless a sinst any and all loss, damage and expense resulting from or arising out of dip- honest, fraudylent, or criminal acts of the Claims Administrator s officers and/or employees, acting alone or in collusion with others. s SECTION VI. 6.1 The Claims Administrator shall be entitled to a fee for its services to the Plan and under this agreement, which shall be determined by the number of employees enrolled by the City of Denton at the beginning of each month. That fee shall be an annual charge of $9.50 per employee. A fee of $3.00 shall be charged for each participant per month. In addition a $2,000 communication fee for communication materials shall be paid upon completion of open enrollment. PAGE 4 h 6.2 The fee agreed upon hereof shall be reviewed with any plan changes and/or at least on an annual basis by both the City of Denton and the Claims Administrator to determine the adequacy of such fees. The fees provided for herein may be adjusted by written amendment to the agreement approved by both parties. SECTION VII. ,Termination of Agreement for Claims Adminiatratorr 7.1 This agreement may be terminated at at,, time by either party by providing ninety days written notice to the other party. Upon notification of termination by either party, the claim; Administrator shall continue to process all claims incurred up to the date of termination, and shall, not later than sixty days after the date of termination, prepare and deliver to the city of Denton a final and complete accounting and report of the Plan's financial activities. 7.2 Should either party fail to perform in accordance with the provisions of this Agreement, the other party may treat such failure as a default of this Agreement and give the defaulting party thirty (30) days written notice to cure such default. In the event such default is not cured within said time frame, the party giving such notice may terminate this Agreement. SECTION VIII. Miscellaneous Provisions; i 8.1 In the event of resignation or inability to serve by the Claims administrator, the City of Denton may appoint a successor. Any successor, upon appointment, shall succeed to and be invested with all powers conferred on the Claims Administrator. 8.2 If during the operation of the Plan, the federal govern- went, the state government, or any political sub-division or instrumentality shall assess any tax against the Plan, and the Claims Administrator is required to pay such tax, the Claims Administrator shall immediately notify the City of Denton and the City of Denton shall promptly provide the funds necessary to remit such taxes to the proper authority. 8.3 This a reement may be amended by the City of Denton and the Claims Administrator at any time by mutual written consent of said parties. PAGE 5 I I 8.4 In the event that the City of Denton shall fail to mak, any required contributions to the Plan, the Claims Administrato, shall have the right to terminate this agreement upon fifteen days written notice to the City of Denton. 8.5 In the event of termination of this agreement resulting from the default of the City of Denton, as provided above, the Claims Administrator shall charge, and the City of Denton shall pay to the Claims Administrator all fees, commitments, and obligations incurred by the claims Administrator through such date of termination. 8.6 The Claims Administrator hereby is designated the agent for service of legal process on behalf of the Plan at its principal office. 8.7 Claims Administrator agrees that it shall be in compli- ance with all laws, statutes, and other governmental provisions prevailing during the term of this Agreement. 8.8 It is agreed that Claims Administrator shall maintain and make available for inspection, audit and/or reproduction by an authorized representative of the City or any other governmental agency, books, documents, and other evidence pertinent to the ` costs and expenses of this contract. This includes, to the I extent such detail will properly reflect, all costs, direct and ` indirect costs of labor, material, equipment, supplies, and services and all other costs and expenses of whatever nature for which reimbursement is claimed under provisions of this Agreement. i SECTION IX. i Effective Date and Term: I 9.1 This agreement shall become effective on January 1, 1989, provided that the Cityy of Denton has adopted the Cafeteria Plan described in Section 1.1. If the Citq of Denton has not adopted the plan on or before January 1, 1989, this agreement shall become effective upon the date of adoption. 9.2 This agreement shall be in effect for a period of one (1) year from the effective date as outlined in Section 9.1. 9.3 This agreement may, however, be extended for up to two (2) additional one year periods, upon written approval from the City Manager. PAGE 6 f It 1 I IN WITNESS WHEREOF, the City of Denton and the Claims Admini- strator have executed this agreement at this day of , CITY OF DENTON, TEXAS BY: PAY , - ATTEST: JENNIFER WALMS, a a a E RETARY APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: THE CLAIMS ADMINISTRATOR: { EMPLOYEE RESOURCE ADMINISTRATION CORPORATION t i G BY. 3 Y H , 1 E i { PAGE 1 i 16 EXHIBIT "A" C21Y or Dm" 1 CAF'S!W A PLM Emotive Juuary 1, 1888 i t 9 1 { 1 E M i i , r { 1 1 . II CITY OF DR?M CAFFMIA PLAN ARTICLB I IN'1ia0Dl MON 1.1. Purpose of Plan 1.2. Cafeteria Plan Status II DEMITIM 2.1. "Plan Adsiniatrator" 2.2. "Claim Adainiatrator" 2.3. "Code" «r 2.4. 2.6. "Dental Plan" 2.6. "Deperdant Care Assistance Plan" 2.7. "Disability Plan" 2.6. "Bffeotiw Date" 2.96 "Employee" 2.10. "Nor Employee" 2.11. "Life I mu anon Plan" 2.12. "Maoal Cut Plan" 2.134 "Mmilcal Raimbursemant plan" 2.14. "Participant" 2.16. "Plan" 2.16. "Plan Year I III PARTICIPATICIR 3.11 C*=wxm weft of Participation f 3.2. Cesatian of Participation 3.3. Reinstatement of loner Participant IV CClfiRIlitll'ICN6 4.1. Bmployer Contribution Participant Contribution e, .3. Chugs of Participant Oantributiamm 44.4. New Participants pan 4.6. Failure to 81eot 4.6. Chardee by AAsinistretor i , eBTZ~LH 4.7. Automatic Teraination of Election 4.9. Maxim Employer Contributions V ACKDa3TRATICN OF :UN 5.1. Plan Adainietrator 5.2. Examination of Records 5.3. Reliance an Tables, eto. 5.4. Nondisoriainstorr Exercise of A Amri tT 5.5. L 6snifioation of Adelnistrator VI AMezmwr MID ' m*MTICN OF PLAN Vii MI9C141Ax=x FWMICM 7.1* information to be Pumi$W 7.24 [.Saltation of Ruts 763. Oov*Iftw LAW i i z l~ i i 'I II t i i r i 1 i , i N f I fig; - Introduction f 1.1. t~r~es of Plan The purpose of this Plan is to provide r employees j of CITY OF DERM a benefit choice betwaan dependent care, medical care, and II medical reiaWmement included in the plan from time to time. 1.2. Cafeteria Plan Status. This Plan is intended to qualify as a 'cafeteria plan" urder Section 125 0 the Internal Revenue Code of 1988, as amended, and is to be interpreted in a manner consistent with the requirements of Section 126. A8'1'MA It - Definitions ` 2.1. '"Plan Administrator" sisans the City of Denton or rxb other parson or committee ae may be appointed tram time to time by the City of Denton to supervise the administration of the Plan. 2.2. "Claim AdIeWs trator" means Reploree Resource Administration Corp. 2.5. "Code" means the Internal Revenue Code of 19661 as iseeded from time to time. Referwm to any section or aubeeetion of the Cods inoludes referenoe ! W any comparable or suooewUm provisions of any legislation which amards, i supplements or replace such section or subsection. 2.1. "City of Denton" means CM Cr DsrfM r s municipality ortonirzed under the laws of the state of Texas. 2-5, "Dental Plan" sesns the CITY Cr DWM dental iretawm plan $ as immaw free time to time. k r i r f 2.6. "Dependent Care Assistance Plan" means the CI'T'Y OF DENIM Del endent Cave Assistance Plan as amended from time to time. 2.7. "Disability Plan" means the CITY OF DENIM group disability !looms instaance plan, as amended from time to time. 2.8. "Effective Date" mans 1-1-88. 2.9. "Employ 4" mew any individual employed by the CITY OF DENIM. 2.10. "Key Employee" means any person who is a key employee as defined in I Section 416 (1) (1) of the code. 2;11. "Medical Can Plans" sew the OITY CF DEh1% medical plans, as amended from time to time. 2.12. "Medical Reimbursement Plan" mew the CITY CF DOM Mdical Reimbursement Plan, as amended from time to time. 2.13. "Participant" means any individual who partioipstes in the Plan in accordance with Article III. 2414. "Plan " means the CITY OF DT9TMICN Oateteria Plan as set forth herein, together with any and all amendments and supplements hereto. 2.16. "Plan Year" means the period beginning on the Iffeotive Date and ending on the day before the sass date 12 months hence. and snob 12 month period thereafter. I~ A pranotati or adjective Li the masculine gender includes the feminine gender, and the singular includes the plural, unless the oonteuct clearly indicates 6 otherwise. AMCLE IN Partioiuation 3.1. Cagoera.ement of Fertioioation. Bach employes of the employer will be eligible to participate in the plan (arcs his dependents will be eligible for dependent coverage to the extent provided in any supplement or constituent plan) on the plan Year Anniversary Date after he meets all of the following requirements: (a) He is a "ooverid employee" (that is, he is a member of a group of employees of the employer to which the plan has been and continues to be extended unilaterally); Ib) He has filed with the plan administrator any written: agreement electing to participate in the plan as is required by the plan administrator, on a form satisfactory to the plan administrator; (e) With r-A t to any benefit provided for in a supplement or oonatituent plan, he has satisfied s3.! of the eligibility requirements an described in an applicable supplement or constituent plan; and (d) With respect to dependent oowrodeo his depsodsnta have satisfied all of the eligibility requirements for dependent coverage as described in an applicable supplement or oonstituent plan. 3.2. Ceasation of Pu ticinstion. A Participant will owe to be a Participant as of the earlier of (a) the data on whioh the Plan terainatea or Ib) the date on which he oeases to be an Rsployee eligible to rarticipate under Section 3.1. I 3.3. Reinstatement of Former Partieioant. A former Participant will booms a Participant again if and when he moats the .eligibility requirements of f Section 3.1. i 4 AKTICL6 N -_Contributions I 4.1 Employer Contributions. The employer will pay Na cab of the plan at such times and, in suoh amounts as shall be determined by the employer from its general assets. Nothing herein shall require the employer to segregate or set aside any funds or rther property for the purpose of paying any amounts 1 under the plan. 4.2. participant Cantribu:ions. Partioipants shall sake any i oontributions required of them under .`e plan or an appliable supplement or constituent plan from time to time in the naxnta and at the time speoifted by the plan administrator. A participant sy elect in writing on a fort) prepared br and filed with the plan administrator on or before the date he first beocass eligible to participate in the plan, and an or before the first day of aeg plan gar thereafter, to reduos his compensation for such plan year and to oontribute the amount of such salary reduction of the plan as his required contribution under the plan or an applioable supplement or oonstituant plin. Pursuant to such written el.ction fora, the partioipant shall also apportion his salary reduction oontributions among the bewfits provided for it. any of the supplements or constituent plans for which the partioipant or his covered i dependents qualify. In no went shall the sus of the smoints apportioned by the participant to each benefit exceed the total amount of his salary reduction contribution. Salary reduotion oontributions will be made through payments made p4riodically oorrespording to payroll withholding i I i N f I ' payments beginning with the first regularly scheduled payday for the plan year for which the participant's written election is made for the first regularly scheduled payday which is an or after the date the participant first beoomes f` eligible to participate in the plan it a salary reduction agreement has _ ` previously been properly exeouted). 7be plan administrator will establish rules and regulations with respect to salary reduction agreements hereunder in accordance with applicable law and regulation. issued by the Department of the 7Ywaui7 usier Section 125 of the Coda. Participant oontrl.buttons shall be f used to provide plan benefits under an applicable supplement or oonstituent plat or to pay premium to modified or fully self-funded programep insurance oompaniea, health msintananoe organisations or other orWdattons or institutions to provide suoh benefits as coon as reasonably psetioal but in no went later than 90 days after raoh contribu!lons an made. A participant's salary reduction oontritutions which are not used to provid, plan bsnsfite for suah plan year as provided in the peeoeding sentenos shall ,xt any time be returned or repaid to pa*ticipants but shall be forfeited. 4.3. Cbante or Discontimmnos of Participant Contributions. A'participant may not revise the rate of his salary reduction contributions or disoontinw malting salary reduotion oontributione ezospt as follows: 1 (a) lbe participant may file a written election fora with the plan administrater on or before the last working day of ay plan year ruing the rate of his oontributiona or disoontimdng such contribution effective as of the first regularl,•,scheduled pay day of the next following plan year. (b) The participant's contributions will automatically terminate es of the date his plan partioipation trrainstes in aoooidanos with Seotion 3.2 above. 1 the (o) The participant say file a written election with plan to Hike s administrator to revoke respect prior election and of a plan year on account of and Consistent to the reith a ng portion in family,status, including marriage divorce,~the deathhe of the participant's arouse or child, thr birth or adoption of achild, or the termination of employrbnt of the partioi- pant's spouse, which revocation and new olection will be effective as of the date it is approved by the plan adatni_ stator, For purpose of this Section, any election by a plan participant to change the apportionment of him splrry reduction contributions among the various benefits provided for in any of the supplements or constituent plans will be considered f` % rwislon of the rate of his contributions, 4.4. New ptirtioioanf,, As soon in praotioi~le before an Woyee beoo~ a Participant under Section 3.1 or 3,3, the Adehiniatrator shall provide written election forms and oompeiyation reduction sgrommts to the employ", It the f Woyee desires one or more optional benefit coverages for the Plan Year, he L16AU so specify an the election forms and shall agree to a reduction in his oogmmtion as provided in section 4.2. Mw election forms coat be completed std returned to the Adainiatrator on or before suoh data as the Adalnietrator i OAU specify, which date shall be no later than beginning of the first pay pkriod for whlc► the Partioipant's ' compensation reduction agreements will apply. i T V I 4.5. Failure to Elect. A Participant failing to return a competed election form to the Administrator on or before the specified due date for the initial Plan Year of the Plan, or for the Plan Year in which be became a Participant, shall be deemed to have elected not to participate in any optional I benefit plans. A Participant failin[ to return a oompleted election fora to the Administrator an or before the specified due date for arty subsequent Plan Year shall b•. deemed to h^ve made •he same election es was in effect as to such optional benefits Just, prior to the end of the preceding Plan Year. The Pbrtioipent shall also be deemed to have agreed to a reduction in his ocepwwation'for the subsaguent Plan year equal to the Participant's share of the uoet from time to time during such Plan Year of swim such optional benefit Em is deemed to have elected for such Plan year. 4.8. Sang" by AdainistMtor. It the Administrator detealnss, before m &wing ww Plan Year, that the Plan may fail to satisfy for such Plan Year any nafdiies_'imination requirement imposed by the Code or any limitation on benefite provided to gay Hoploye"i the AdoWdetrat.,2 shall take such action as the Administrator deems appropriate, under rules uniformly applicable to similarly situated partioipanta, to assure ooppliatsw with such requirement or limitation. Such action may inoiude, without limitation, modiflortion of elections by highly oomgofmted Imployees or gay Employe" with or without the t oonsont of such Employe". i 4.7. Automatio Termination of Blecticn. Dileotions n ads under this plan (or daes,sd to be made under Section 4.6) shall automatically terminate on the date on which the Participant ceases to be a Participant in the Plan, although coverage or benefits under the O?ental, Dependent Care Assistance, Medical Care, and Medical Reimbursement Plans may continue if and to the extent provided by such Plana. 4.8. Maximus InIMC Cop rributi2U. 7b* maximum sma=rt of =player contributions under the Plan for any Participant shall be the sum of (a) the maxima= smarts which the Partioipant may receive in the fora of dapendent cars sssistatioe under the Dependent Can Assistanw Plan and as medical reinbsasements under OA Medical Reinhasoment Plan, am set forth in such Plans, and Ib) the costa from time to ties of the most expensive benatits available to the Participant under the Dental and Medical Can Plums (including the portion of such costs pyatle with noneleotive Company contributions). MCI= V - Administration of Plan 6.1. Plan Adiatnistntor. 7U adialnistntion of the Plan shall be under the supervision of the Administrator. It shall be a principal duty of the Administrator to see that the Plan is carried out, in accordance with its tear, for the exclusive benefit of persons entitled to partioipste in the Plan without discrimination among those. The Administrator will have full Power to a'iainister the Plan in all of its details, subject to applicable requirements of lam. For this pueyae, the Adainistratorle power will include, but will not be limited to, the lolloming authority$ in addition to all other power provided by this Plant I N i I I , (a) To make and enforce such rules and regulatioms as it deems necessary or proper for the efficient adaini- stration of the Plan, inoluding the establishment of any claims proosdures that w be required by applicable provisions of law; ` (b) To interpret the Plan, its interpretation thereof - II in good faith to be final and oonolujive on all persons claiming benefits under the Plan; (c) To decide all questions concerning the Plan and the eligibility of any person to participate in the Pan; (d) To appoint such agents, oounael, soon ntants, .corsultunts and a claims adainistrator as may be required ` to assist in administering the Plan; and I (e) %o allooste and delegate its responsibilities unrier the Plan and to designate other Persons to carry oat ny of Ito responsibilities under the Plan, any such all nation, delegation or desiamtion to be in writing. Notwithstanding the foregoing, any olais which arises wider the Dental Plan, Dependent Cara Assistano Plan, Medical Rainbra"sent Plan or any Medical (fare Plan shall not be subject to review wider this Plan, and the A&Wstrstor's i authority under this Section 6,1 dull not wctand to arty ratter u to which an administrator uder any such other plan is empaaered to make deteminations i under such plan. 6.2. bmaination of Records, 'lea Adainistrator will sake available to r smoh Partioipant such of his records wider the Plan as psrtain to him, for eraainstion at reasonable theca during normal business hours. ( 6.24 Reliance on M2#,. eta. In administering the Plan, the Addnistrator will be entitled to the extent pnsitted by Iaw to rely 4 oonolusively an all tables, valuations, certificates, opinions arks reports I which are furnished by, or in aooordanoo with the instructions of, the administrators of the Dental, Dependent Cam Assistance, Medical Care and VA&oal Reimbursement Plana, or by sooonntants, ooumal or other experts emloyed or engaged by the Addnistretor. I I ti t 5.4. Noodiscrimina&M Exereiss of AutAeritr. Whenever, in the administration of the Plan, any discretionary action by the Administrator is required, the Administrator shall exercise its authority in a nondiscriminatory I manoar so that all persons similarly situated will receive substantially the same tieatnent. 6.5. lndemnifiation of AdaWst_mtor. The Company agrees to indemnify I and to defend to the fullest extent permitted by law any Employee serving u I the Administrator or as a member of a committee designated as Administrator (including any Meployse or former Employee who formerly served as Administrator or as a member of such committee) against all liabilities, dm""# costs and w4wwes (including attorneys' fees and amounts paid in settlement a: any claims appeoved by the City of Denton) occasioned by any act or omission w amt is owewtlon with the Plmr,, if such act or oaission is in good faith. AYfif VI - Aurdiment and ion of Plan Its plan may at any time be amended or terminated by a written instrument siammd by the City ?fanapr of the city of Denton. i E ARTICLE VII - Misoellanaaa Provisions T.1. Information to An!nished. Partioipants shall provide the Caapsny i and Adalaistrator with such information mnd evidence, and shall sign such comments, as new reasonably be requested from time to time for the purpose of f administration of the Plan. 1 , 7.2. 1 WtAtion of Rights. Neither the establiehsent of the Plan nor any amsadment thereof, nor the payment of any benefits, will be omsttuad as giving to any Participant or other person any legal or equitable right againat the CaV W or Administrator, except as provided hersin. 7.3, ooverninrt Lbw. This Plan shall be construed, a&Watered ad enforced acoording to the laws of Texas. IN WITNOS Wiff4P6f, the City of Denton has cured this Plan to be executed in its name and behalf this let coy of January, IONj by its oftioer thereunto dully authorised. CM of DR?" i I i I i I d i i v i i It CM OF DIIM MEDICAL RBII W PLAN Effootivw Jurim It 1988 i i r i i 9 s a w CM OF DERM MEDICAL REIMBIdi59 W PLAN ARTICLE I. IM1i0DU.'PICN II. DEFINITICNS 2.16 "Plan Administrator" 2.2. "Cl" Administrator" 2.3. "Cafeteria Plan" 2.4. "Code" 2.6. e.1.rV 2.5. "DepwAmt" Y.T. "Effective Date" 2.8. "amployes" 2.9. *MUSA" 2.10. '74sdioal Reimbursement Account" 2.11. "Participant" 2.12. "Plan" 2.13. "Plan Year" 2.14. "Qualifying Medical Cara Vxpwas" III, PARTICIPATION 3.1. Ccsanoemeat of Pertioipatiai 3.2. Cessation of Participation 3.3. Aainstatment of Former Participant N. ELECfICN TO RI SIVE MEDICAL CARS RSIMBtki98M 4.1s Election Procedure 4.2. Maximus Reimbursements i V. MEDICAL RKDIKFdMMW AO7OUbT3 { 6.10 Establishment of Amounts 6s2. Crediting of elooolmts 6.3. Debiting of Accounts 6.4. Forfeiture of Aooounts j i r } i r ARTICLE VI. PA1T9W OF MEDICAL CARE EXPO M RBII IS 6.1. Claims for Reimbursement 6.2. Reimbursement or Payment of mPmmsem VII. TERMINATICN OF PARTICIPATICN VIII. ADMa9IRATICN 8.1. Plan Administrator 8.2. Sxamiration of Records 8.3'. Reliance on Tables, *to. 8.4. Named Fiduciary 8464 Claims and Review Procedures 8.6. Nondiscriminatory Mmmise of Authority 8.7. Indemnification of Administrator no AMMCMWP OR TZ*MTICN OF PLMI 9.1. Amndmsnt of Plan 9.2. Termination of Plan Y. MISCCUANN" 10.11 Communication to Hoployess 10.24 Limitation of Ruts 10.9. Benefits Solely Frain Oeneral Assets 10.4. Nonassi8nability of Rishts 1D.6. No Qarsntee of Tax Catsequenoss 10.6. Indemnification of Oorpany by f Participants 10.7. 0"Mird Law i j i E i e i i 00 CITY OF DERM HOICAL REIhtBURSBW_PIAN ARTICLE I - Introduction This Plan is intended to qualify as a medical reimburseowt plan under Section 1051b) of the Internal Revenue Code of 1486, as amended, and is to be interpreted in a canner consistent with the requirements of Section 106(b). 7be purpose of the Plan is to enable Participants to elect to receive peyrnnts or reimbursements of Qualifying Medical Can Rgxwises that are w oludable from the Partioipant'a =rows itwosa under Section 106(b) of the Code. ARTICLE II - Definitions Wherever used herein, the following teas have the following swaningw unless a different meaning is clearly required by the oontexts i 2.1. "Plan Administrator" moans the City of Denton or such other person or oosatttee ai may be appointed from ties to time by the city of Denton to supervise the administration of the plan. I. "Claims Adainistrator" means ltaployes Resouros Administration Corp. i 2.3. "Cafeteria Plan" mans the CITY OF DDrM Cafeteria Plan effective 10-149, as amended tram time to ties. ~i ' I h 2.4. "Code" means the Intemal Revenue Code of 1986, sa wended from time to time. Reference to any section or subsection of the Code includes reference to any comparable or swoesding provision of any legislation which amends, supplements or replaces such section or subsection. 2.5. "City of Denton" means CITY OF DWW, a municipality organized order the laws of Texas. 2.6. "Dependent" means any persona Wic falls within the definition of dependent provided in Section 162 of the Code. 2.7. "Effective Date" means January 1, 1988. 2.8.. "Employee" mean any individual employed b7 the City of Denton. 2.9. "MISA" seen the poployee Retirement Inooms Somwity Act of 1974. 2.10. "Medical Wsbursement Account" mews the aooomt described in Article V hereof. 2.11. "Partioipant" asans each amployes who participates in the Plan in acoordsane with Article III. 2.12. "Plan" means the CITY CV Dg? M Medical Rsimbwsammt Plan as set forth herein, together with any and all amendsents and supplements hereto. 2.13. "Plan Year " >tear►s 12-oonsecvtive-month period beginning with the ~ original effective date of the Plan and each suooeeding 12 month period thereafter. 2.14. "Qualifying Medical {Sere Wpsnse" means an expanse incurred by a j Participant, or by the spouse or Dependent of such Participant, for medical j care u defined in Section 213 of the Code (including without lisitation smomts paid for hospital billet doctor and dental bills, dr4e and premiums f j i for accident and health insurance) but only to the extent that the Participant or other peraon inourr" the expeaae is not reimbursed for the expense through insurance or otherwise (other than under the Plan). A pronoun or adjective in the srsculine gender includes the feminine gerders and the singular includes the plural, Hatless the context clearly indicates otherwise. ~'j'jC1.8 lII - Particiwtiae 3,1* rat of Particinaticn. Roan employee of the ssployer will be eligible to participate its the Plan (and his dependents will be eligible for dependent ooverece to the extent provided in any supplement or oonstitumst plan) an the Plan Year Anniversary Date after he has met all of the foil %ring requtire s nts (a) He is a "Covered Beployse" (that is, he is a member of a group of employees of the ssQloyer to rich the plan has bens and continues to be extended unilaterally); (b) He has filed with the Plan Administrator any written agreement electing to participate in the plan as In required by the Plan Administrstors on a form satis- factory to the Plan Administrator. (o) With respect to ay benefit provided for in a supplesMtt or constituent plans he has satisfied all of the eligibility requirements as described in an applicable supplement or constituent plan; and (d) with respect to dependent ooverage, his dependents have satisfiel all of the eligibility requirements for dependent coverage as described in an applicable supplement or constituent plan. 3.2. Cessation of Participation. A Participant will cesse to be a Participant as of the earliest of (a) the date on which the Plan terminates or (b) the date on which his election to receive medical care expense reimbursements expire■ or is terminated under the Cafeteria Plan. 3.3. Reinstatement of Former Partioimnt. If a forner Participant who is eligible under Section 3.1 elects again under the Cafeteria Plan to receive medical care expense reimbursements under this Plan, he will again became a Participant in this Plan or, the effective date of nrc3, election. AM= W - Election to Receive Helical Can mrpento Reimbursements P.1. EleoEi.on_Pryggdurs. A Participant cap elect to receive payments or reimbursements of his Cualtfring Msdiosl Care Expense under this Plan by filing an election and compensation reduotton agreement in accordance with the proosduaes establi" under the Cafeteria Plan. An election to receive payments or reimbursements of Qualifying Medical Can Rxpenses shall be irrevocable during the Plan Yearn subject to a change in family status, f an provided in the Cafeteria Plan. i 4.2. The maximum smou►t which the Participant mar receive under this Plan in t!ie fora of payments or nimbu sesents for Qualifying Medical Can Rxpenses incurred in any Plan Year shall be the amount by which the Participant has elected to reduce his compensation at the beginning of the applicable Plan Yetr, but in no event more than 110,000 per Plea Year. r .vrrn~V t~d,M, Reim}r~rse~t Aooanta stabliahmernt _Aoooun The City of Denton will establish and maintain on its books a medical geinbursement Aooount for each Plan year with respeot to each Participant uho has elected to receive reimbursement of qualifying Medical Care Expenses incurred during the Plan Year. 6.2. Creditint of Ao yThere shall be credited to a Participant's Hedixl peiebursement Account for each Plan Year, as of as& date compensation M is paid to the Partioipant in such Plan Year, an amount equal to the reduction, if any to be made in such compensation in aooor wm Witt, the Participant'■ election and compensation reduction agreement under the Cafeteria Plan. All mnounts credited to each such Medical tieiaturseowt Account stall be the property of the City of Denton until paid out pursuant to Article VI. 6.6. n•*~c~~• of Acw~o~• A Participant's Medical Reimbursement Account for each Plan year shall be debited frog time to time in the ascent of my payment under Article VI to or for the benefit of the Participant for Qualifying Medical Cara MTN%" incurred during such Plan Year. Haunts debited to each such medical ReiaUursement Account shall be treated as payments of the earliest amounts credited to the Account and not yet treated as paid under this sentence, under a "first-in/first-out" approach. 6.4. Forfeiture of Ageou]tef The amount credited to a Participant's Medical Rainbursement Account for ar>,y Plan Year shall be used only to reimburse the Participant for Qualifying Medical Care bTW"s incurred during such Plan Two and only if the Participant applies for reimbursement on or before the 90th day following the close of the Plan Year. If any balance remains in the r Participant's Medical Reimbursement Account for a plan year after all reiabuu sements hereunder, such balance shall not be carried over to reimburse the Participant for Qualifying Medical Care &cpenses incurred during a subsequent Plan Year, and shall not be available to the Participant in any other form or manner, but shall remain the property of the City of Denton, ennui the Participant shall forfeit all rights with respect to such balance, AMg& VI Pasyen+t of Medical Care Maw" Reimburses 8.1. - Claims for Reinkur . A Part!,Apant who bas elsotod to receive medical care reimbursements for a Plan Year may apply to the City of Denton for reimbursement of Qualifying Medical Cars Mcpanaes incurred by the Participant during the Plan Year by subaitt:ng an application in writing to the City of Denton, in such form as the City of Denton ray preeoribe, setting forth: (a) the amount, date and nature of the expense with respect to which a benefit is requested; (b) the name of the person, organisation or entity to which the expense was or is to be paid; (o) the name of the person for whoa the axpenw wsa incurred and, if such person is not the Participant requesting the benefit, the relationship of such person to the Participant; and (d) the amount recovered or expected to be reoovered, under wW inauranos arrangement or other plan, with respeot to the expanse, such application shall be eoeompsnied by bills, inwioes, receipts, cancelled checks or other statements showing the esounts of such expenses, i together with any additional doommtction which the Adainistrator ray request. 11 1 `r -IM I 8.2. ~-r Pasment of F,ycvenmes. The City of Denton, through the claims Administrator shall reimburse the Participant from the Participant's 'ri,-Jical Reimbursement Account for Qualifying Medical Care 5kpenses incurred &wind the Plan year, for which the Participant submits a written application and documentation in accordant with Section 6.1. The City of Denton may, _ through the Claims Administrator and at its option, pay any such Qualifying Medical Care Expenses directly to the person providing or supplying medical care in lieu of reimbursing the Participant. No reimbursement or payment under this Section 6.2 of expw-&" incurred during a Plan Year shall at any time exceed the balance of the Participant's Medical Reimbztement Account for the Plan Year at the time of the reimbursement or payment. The amount of any Qualifying Medical 6w* Expenses not reimbuesed or paid as a result of the preceding sentence shall be carried over and reimbursed or paid only if and when the balance in such Aeoount permits such r*imbarsament or payment. AFMOO VII Tera{nati n of Pas'tioiwum f ` I In the event that a Participant ceasem to be a Participant for any resson, any election to receive reimbursements for Qualifying Medical Coos Upens" and emy related compensation reduction agreement made tn%r the Cafeteria Plan shall teminsts, The Participant (or his estate) shall be entitled to ( reimbursement only for Qualifying Medical care Expenses incurred within the same Plan Year and prior to the 90th day after the date participation is terminatsA, and only if the Participant (or his estate) applies for such reimbursement in accordance with Section 6.1 on or before the earlier of (1) I the 180th day following the date participation in terminated, and (2) the 90th day after the close of the Plan Year. No such reimbursement shall exceed the remaining balanoe, if any, in the Partioipant's Medical Reimburaeeent Account for the Plan Year in wfiich the expenses were inured. pTIC E VIII - Administration 8.1. Lk Administrator. The administrator of the Plan shall be under the supervision of the Administrator. It shall be a principal duty of the Administrator to see that the Plan is carried out, in u=rdanee with its terms, for the exclusive benefit of persons entitled to partioipate in the Plan without discrimination among them. The Administrator will have full power to administer the Plan in all of its details s««Jeot, however, to the requirements of ERISA. For this purpose, the Administrator's powers will include, but will not be limited to, the following authority, in addition to all other powers provided by this Plan: (a) To make and enforce such rules and regulations as it deems neoneary or proper for the offioient addai- stration of the New, 1 (b) To interpret the Plan, its interpretation thereof in good faith to be final and conolusive on all persons claiming benefits under the Plan; (o) To decide all questions orncerning the Plan and the eligibility of any person to participate in the Plan; (d) To oogmte the amount of benefits wbioh will be payable to any Participant or other person in accordance with the provisions of the Plan, and to determine the person or persons to whom such benefits will be paid; (e) To authorise the payment of benefits; (f) To appoint such agents, oounuel, accountants, consultants, actuaries and claims ads'nis!rator so any be required to assist in administering the Plan; and I r (g) To allocate and delegate its responsibilities under the Plan add to designate other persons to carry out any of its responsibilities under the Plan, amr such allooation, delegation or designation to be by written instrument and in accordance with Section 405 of FR1 A. 8.2. bmaination of Records. The Administrator will make available to each Participant such of his records as pertain to his, for examination at reasonable times during normal business hours. 8.3. Reliance on Tables, eto. In administering the Plan, the Administrator will be entitled, to the extent permitted by law, to rely conclusively on all tables, valuations, certificates, opinions and reports which are furnished by any aooountsnt, counsel or other expert who is employed or engaged by the Administrator. 8.4. Nagged Fiduciary. The Plan Administrator will be a "named fiduciary" for Purposes of Section 402 (a) (1) of MUSA with authority to control and manage the operation and administration of the Plan, and will be responsiole for complying with all of tha reporting and disclosure requirements of Part I of Subtitle B of Title I of MUSA. 8.5. ems of Review Prooschm" (a) Claims PrsoedM. If any person believes he is being denied any rights or benefits under the Flan, such person W file a claim in writing With the Plan Administrator. If sny such claim is wholly or partially denied, the Plan Administrator will notify such Person of its decision in writing. Such notification will be written In a manner calculated to be understood by such person and will ountain (1) specific reasons for the denial, (11) a description of my additional material or information neoessary for such ` person to perfect such claim end an explanation of why such material or information is necessary and (iv) information as to the rteps to be taken if the person wishes to submit a request for review. Su-h notification will be given within 90 days after the claim is received by the A&dnistrstor (or within 180 days, if special oirmmatances require an extension of time for processing the claim, and it written notice of such extension and clrcumstww" is given to such person within the initial 90 day period). If such notification is not given within such period, the claim will be considered denied as of the last day of such period and such person may request a review of his claim. (b) Review Procedure. Within 60 days after the date on which a person receives a written notice of a denied claim (or, if applicable, within 60 days after the date on which such denial is considered to have occurred) such person (or his duly authorized representative) may (i) file a written request with the Plan Administrator for a review of his denied claia and of pertinent documents and (1i) submit written issues and oosiments to the Plan Administrator, 7Ue Plan Administrator will notify s+kl, person of its decision in writing. Such notification will be written in a murar calculated to be understood by such person end will contain specific reasons for the decision as well as specific reference to pertinent Plan provisions. The decision on review will be mLU within 60 days after the request for review is reosived by the Plan Adminslstrator for within 120 days, if special circumstances require an extension of time for processing the request, such as an election by the Plan i i Administrator to hold a hearing, end if written notici of such extension and circumstances is given to such person within the initial 60 day period). If the decision on review is not made within such period, the claim will be considered denied. i 8.B. Nondisc*i~inatorr ~eroise of A hority. whenever, in the administration of the Plan, any discrat! ovary notion by the Alan Administrator is required, the Plan Administrator shall exeroise i4 authority in a non-discriminatory mnnner so that all Persona similarly situated will receive substantial]y the "me treatment. 8.7. ndemn ia% ian o[ P1,y1 ist tor. The City of Denton agrees to indemnify and to defend to the fullest extent permitted by law any Employee nerving u the Plan Administrator or as a member of A committee designated sa Plan Administrator (including W I1sployee or former 8mployse who formerly Aerysd "Plan Administrator or u a member of such committee) against all liabilities, damages, oosts and expsruNA (including attorneys, fees and smocs~ta Paid in settlement of any claims approved by the City of Denton) ooouioned by any act or omission to act in connection with the plan, it such act or caission iA in good faith. 9.1. - t--_Plin. The City of Denton rest timr or times to amend the rvss the power at aeyr Provisions of the Plan to any urtsnt And in anyr manner that it ray dam advisable, by a written inA 1 tt..ent signed by the city ~ Manager of the City of Denton. TlML.llti- on°t--- pis:. IhO City of Denton has established the Plan with the bona fide intention and expeotatian that It will be continued irdefitely, but the City of Denton will have no obligation whatsoever to maintain the Plan for Any given lute of time and may discontinue or terminate the Plan at any time without liability, Upon termination or discontinuance of the Plan, all elections And reduotiona in compensation related to the Plan Ahall terminats, and reimbursements shall be made only in aooordan a with Article VII, - l i N t i i ATMCU X - MiscellEMM 10. CQ=jnication to Ewloyees. Promptly after the Plan is adopted, the City of Denton will notify all Employees of the availability and terms of the Plan. 10.2. Limitation of Rishts. Neither the establishment of the Plan nor any amerdrant thereof will be construed se giving to any Participant or other peiescn any legal or equitable right against the Plan Administrator or the City of Denton, except as expressly provided herein, and in no event will the terms of employment or service of any Participant be modified or in ay way be ' affected hereby. 10.3. Amfits 8 lelf Fran General Assets. 'lbe benefits provided bereunier will be paid solely from the general assets of the City of Denton. Nothing herein will be oonstr\ed to require the City of Denton of the Plan Administrator to maintain W fund or segregate any scam for the benefit of j any Participant, and no Participant or other person shell have ay olata against, right to, or security or other interest in, soy fund, accent or asset of the City,of Denton tram which any payment under the Plan may be made. 10.4. Nonassimsbility of Rights. 7be right of arty Participant to receive any reimbursement uder the Plan shall not be alienable by the Participant by assignment or any other method, and will nut be subject to be taken by his creditors by any prooess whatsoever, and any attempt to cause such right to be k to subjected will not be recognised, except to such extant as my be required by 1W. j 1 I i 10.5. No Guarantee of Taut Conseauenoes. Neither the Plan Administrator nor the City of Denton makes any commitment or guarantee that any amounts paid to or for the benefit of a Participant under Article VI will be excludable from the participant's goes income for federal or state income tax Purposes, or that any other federal or state tax treatment will apply to or be available to any participant. It shall be the obligation of each Participant to detenaine whether each payment under Article VI is excludable from the Participant's gross income for federal and state income tax purposes, and to notify the City of Denton if the Participant has reason to believe that any auch payment is not so excludable. 10.8. 1ndamftific&tjon_gf_City of Denton-by Partioinsnts. If any participant reoeives one or sore payments or reimbursementa under Article VI that are not for Qualifying Hedioal Oars Expenses, such Participant shall indemnify and reisburas the City of Denton for any liability it may incur for failure to withhold federal or state income tax or Social Security tax from such payment or reimbursements. However, such indemnification and reimbursement shall not exceed the amount of additional federal and state income tax that the Participant would have owed if the payments or f reimbmsements had been axle to the participant as regular cash compensation, plus the Participant's share of any Social Security tax that would have been paid on such oompensation, lea any such additional income and Social Security tax actually paid by the Participant. 10.4. Coyetnint LW. The Plan will be eonstnued, administered and enforoed sooording to the laws of the State of Texas. IN VITN&S8 NHEMF, the City of Denton has oused this Alan to be executed in its name end on its behalf by its officers thereunto duly authorized this 1st day of January, 1988. CITY OF DENIM 't 8Y= I E i I i I i i j 1. t t f j, r I i N Y CITY of DES7W ` DMMIDFN T CARE A98I8TANM PLAN Blfeotive JWKNX7 1, 1988 i f I ~ • i i II t I .r CITY OF DFN[W DfiTO DEn CARE AW 9TAKZ PLAN TABU OF C0NrWM AFMCES I. INl]iODUCTICN IT. DBFIMTiCNS 2.19 "Plan Adm Listrator" 2.2. "Claim Administrator" 2,3. "Cafeteria Plan" 2.4.. "Cade" 2.6. "Caapaw" 2.0;. "Dependent" 2.74 "Dependent Cars Assistance Aocoastt 2.8. "Dependent Care upenses" 2.9. "Dependent Carp Service provider" 2.10. "Iffectivn Dote" 2.11. "I1Ploree" 2.12. "Participant" 2.13. "Plan" 2.1l. "Plan Year" III. PARTICIPATICN a 3.1. Cosmencement of Participation 3.2. Cessation of Participation 3.31 Asinstatemsnt of FOM& Participant . ICI, n,IC cN TO masiv DBPB%IDSitf► CARS A88ISTANCI 4414 Slaotion Prool&" 4.2. "wane Dept4"t Care Assistance Y. DOPMCON CARS ASSISTANCE A00OLM 681. Istablisharnt of Aooountai 6.20 Crediting of Ac otmts 6.3. Debiting of Arts 6.4. Forfeiture of Aooaa►ts 1 NO I AWIC VI. PAYMOM OF DEMMEM GARB ASSISTANCE 8.1. Claims for Reimbursement 6.2. Reimbursement or Payoent of Expenses 8.3. Report to Partioipsnts an or II Before January 31 of Each Year VII. TERK ATION OF PARTICIPATION VIII. ADHIMSiRATYON 8.1. Plan Administrator 8.2. b anination of Records 8.3.• Relisnoa of Tables, *to. 8.4. Indemnifiostlon of Administrator IR. X4004 M7 CR TE MMTICN OF PLAN 9410 Amendment of Plan 9.2. Termination of Plan X. MMEJAND" 10.1. Cass nication to bwloyras 10.2. Limitation of Rifts ' 10.3. Henefito Solely From General Assets 10.4. Nonssaic"ility of RiAts 1066. No Ouarant" of Tax Ca medurnoss 10.8. Irrlssnitioation of City of Denton by Participants 10.70 Governing Low k h I C f i I MY o MI M DSM CARE i ISfANCB Ju AI ICEZ 1 - Introduotiee 'Ibis Plan is intended to qualify es a dependent care assistance program fader Section 129 of the Internal Revenue Code of 1986, as amended, and is to be ihterpreted in a Owwr consistent with the requiramenta of Section 129. 1%6 purpose of the Plan is to enable participants to elect to receive payments or reinbursements of their dependent oars mtpenses that an wwludable from the Participants' gross Incas under Section 129 of the code. ARTICIS II - Def i+t,,.,. Wherever used herein, the followW tines have tbs following meanings unless, a different mrwWV is clearly required by the contexts E 2.1. "Plan Administrator" Beane the City of Denton or such other person or ' committee as may be appointed from time to time by the City of Denton to serve 1 at its pleasure, 2,2. "Claim Administrator" mews Employee Rest roe Administration Corp. 2.3, "Cafeteria Plan" mew the City of Denton Cafeteria Plan effsotive 1-1-88, as Awaded fro Limo to time. 1 1- j i 5 i 1 1 1 I~ I i I 2.4 "Code" neans the Internal Revenue Code of 1988, an amended from time to time. Reference to any section or subsection of the Code includes reference i to any comparable or succeeding provisions of of any legislation which amends, ` supplements or replaces such section or subsection. 2.5 "City of Denton " means City of Denton , a municipality organised under the laws of the State of Texas. 2.8. "Dependent" means any individual who is (a) a dependent of the Participant who is under the ate of IS and with respect to wham the Participant is entitled to an exspticn under Jection 151 (o) of the Coda, or (b) a dependent or spouse of the Participant who is physically or mentally incapable of oaring for himself. 24. "repellent Oars Assistance Account" means the account described in Article V hereof. 2.8. "Dependent Care ibcpenses" mean wgww a incurred by a Participant which (s) are incurred for the can of a Dependent of the Participant or for related household services, (b) are paid or payable to a Dependent Care Service Provider, and (o) are incurred to enable the Participant to be gainfully esployed for any period for which thera are one or more Dependents with respect I to the Participant. "Dependant Cary, mtpecom" shall not include expenses 10. incurred for services outside the Participant's household for the can of a Dependent unless such Dependant is described in Section 2.8(a) or regularly spends at least eight hours each day in the Participant's household. Dependent Care Rxpenses shall be dessed to be incurred at the tine the services to which ` the expmm relate an rendered. I 2.9. "Dependent Care Servioe Provider" moss a person who provides Dare or I othor services described in Section 2.8(a) I - .r above, but shall not include (a) s dependent care center (as defined in Section 21(b) (2) (D) of the Coder unless the requirements of Code Section 21(b) (2) (C) are satisfied, or (b) a related individual described in Section 129(0) of the Code. 2.10. "Effective Date" means 1_1_33. 2.11. "Employ"" means any individual eWoyed by the Company. 2.12. "ERISA" means the Employee Retiremmlt Income Security Act of 1974. 2.134 "Participant" means each Employee wbo participates in the Plan in aooordanoo with Article III. 2.14. "Plan" amen the City of Denton De . Aendmt Care Assistance plan as set forth herein, together with wW and all amandiments and supplements hereto. 2.13. "Plan Year" sans the 12-consecutive-month period beginning with the original effective data of the Plan and stole suo+oesding 12 month period thereafter. A Pronoun or adjective in the masculine gender includes the feminine gender and the singular inoluden the plural, unless the content clearly indicates othendse. j 3.1. t et *+o~~~-• Each employee of the employer will be eligible to participate in the plan (and his <lepeniants will be eligible for k t N I dependent coverage to the extent provided in any supplement or constituent plant) on the plan Year Anniversary Date, after he has met all of the following requirements I r (a) He is a "covered of the employer o to ~Aich the plan has been and continues to be extended unilaterally) I (b) He has filed with the plan administrator any written agreement electing to participate in the plan as is required by the plan administrators on a form satisfactory to the plan administrator; (c) With respect to any benefit provided for in a supplement or constituent plan, he has satisfied all of the eligibility requireaents as described in an applicable supplement or constituent plan; and (d) With respect to dependent coverage, his depsnients have satisfied all of the eligibility requirements for dependent coverage as described in an applicable supplement or constituent plan. 3,2 Cessation of Padieioation. A Participant will oesse to be a Participant as of the earliest of (a) the date on which the Plan terminates or (b) the date an rtsich his election to receive dependent case assistance expires or is terminated under the Cafeteria Plan. 3.3, ldadstamt of Former Participln.%. If a former Participant who is I eligible under section 3.1 elsots again under the Cafeteria Plan to receive F dependent are assistancee under this Plan, he will again become a Partioipant in this Plan on the effective date of such election. f i ►srrICLB N Election to Receive t Care Assiatana~ 4.1. selection praced~. A Participant may elect to deceive dependent cam assistance under this Plan by filing an election and compensation reduction agreement in aeoor,'anoe with the procedures established under the Cafeteria Plan. An election to receive dependent care assistance shall be irrevocable during the Plan Year, subJeot to a change in fam.ly atatus, as provided in the Cafeteria Plan. 4.2. lLaki . s•a.. h,y. Aasiatanoa. The mxiian amount which the Participant may receive in any Plan Year in the fora of dependent care assistanos under this Plan shall be the least of (a) the Participant's earned income for the Plan Year (after all reductions in ocs+paesaticn inolud+ng the reduction related to dependent can assistance), (b) the actual or deemed earned inoose of the Partioipsnt's spouse for the Plan Year or (c) 15,000. In the case of a spans who is a full-time student at an educational institution or is physically or mentally Incapable of caring for himself, such spouse shall be devwd to have earned income of not leas than 1200 per sontb if the Participant has one Dependent and 1400 per south if the Participant has two or more Dependents. A Care Assistance Axants ARTICLE " De der 5.1. Fstablishmenit ogoLattt. The City of Penton will establish and maintain on its books a Dependent Care Assistance Account for each Plan year with respect to each Participant who has elected to receive dapxdent care aaaistance for the Pian Yw.r. 6.2. Crediting of Ao-xxmta. '!here ahall be credited to a participants@ Dependent Care Assistance Account for each Plan Year, as of each date compensation is paid to the participant in such Plan Year, an amount equal to the reduction, if any, to be made in such compensation in ar"rdeme frith the Pbrticipantra election and compensation reduction agreement wider the Cafeteria Plan. All amounts credited to each such Dependent Care Assista,x-e Account shall be the property of the City of Denton until paid out pureuunt to Article VI. . 5.3. Debiting of Aooa& . A participant's Dependent Care Assistance Aoccunt for each Plan Year shall be debited from time to time in the amount of ww payment under Article VI to or for the benefit of the Participant for Dependent Care Dgm ass incurred during such Plan Year. Amounts debited to each eroh Dependent Cara Assistance Account shall be treated as payments of the earliest amounts credited to the Aooount and not yet treated as paid under We sentence, ender a "first-In/first-out" apply, 6.4. Forfeiture of Aoooants, nue amount credited to a participant's Dependent Care Assistance Account for only any Plan Year shall be used to reimburse the Participant for Dependent Care lbcpetses inmwred during such plan Years and only if the Participant applies for reimbursements hereunder, such J balance shall not be carried over to reimburse the Participant for Dependent Cara Xgmses incurred Burins a subsequranut Plan Year, and shall not be available to the Partioipant in any other form or owners but ahall remain the property of the City of Denton, and the Participant shall forfeit all rights rrith respect to such balance. I i N ~ n. ► f Deo••Yta.,c l'wre Assistsnos 0 8.1. claims for Re im b ura~n_ t- A participant who ham elected to receive dependent care assistance for s Plan Year my apply to the City of Denton or its designated Claim Administrator for reimbursement of Dependent Care ` Expenses incurred by the Participant during the Plan Year by submitting an application in writing to the CompsnYo or the Claim Administrator, in such foA as the City of Denton or the Claims Administrator may prescribe, setting forth: (a), the amount, date and nature of the expense with respect to which a benefit is requested; (b) the name of the person, organization or entity to which the expense ' was or is to be paid; and (c) such other information as the City of Denton or the Claims Administrator may from time to time require. Such application shall be accompanied by bills, invoioes, reosipts, oancelled checks or other statements showing the amounts of such expsnsea► to=ether with any additional documentation which the City of Denton or the Claim Administrator may regnnest. 6.2. Rei..`~ w or PLm@DL of IDc The City of Denton tlavugh the Claims Administrstor shall reimburse the participant from the Participant's f Dependent Care Assistance Account for Dependent Care Rgense incurred during the Plan Year for which the Participant submits documentation in accordance h with Section B.I. The City of Dentin through the Claims Administrator, ut its option, may pay any such Dependant Care Rxpenses directly to the Dependent Care Service Provider in lieu of reiab=* ng the rartioipant, No reimbursement or payment under this Section 6.2 of expenses incurred during a Plan year shall at any time exceed the balance of the Participant's Dependent Care Assistance I i 1 4 lboomt for the Plan Year at the time of the reimbu'aesrat or psyment. The PMdent Can DMenaes not reimbursed or Paid as a result of the soomt of my D, P°g sentence still be parried over and reimbursed or paid only if and when the balerwx in such AoooLrt Permits such reinburses+ent or Payment. ' 6.3. geM to ciesnts. on or before the and of the Plan Year, the A&inistrator shall furnish to ear3n Part""Psnt uho bss received deyw&AA care assistance during the prior Plan Year a written statmmt showing the anoint of such assistance paid durint sch year with respect to the Participant. ~ .Qrt~`118 VII - rte { tion of participation i In the event that a Partioiprnt oeases to be s Participant in this Plan for any ressono the Partioipant's oompeozation reduction agreesMt relating to dependent care assistance shall terminate. The Participant (or his estate) t only for Dependant Owe Rqueses incurred shall be entitled to reisbarsemM within the ease Plan Year and prior to the 90th day after the date participation is terminated, and only if the Participant (or his estate) applies for such raSstmrsement in socordarae with Section 8.1 on or before the earlier of (1) 180th day following the data Participation is terminated, and the Plan Year. No'such reimbursement Wall (2) the 90th dal after the close of E exceed the remaining balarael if an's in the Participant's Dependent Care I Assistance Account for the Plan Year in which the expenses were incurred. j k t f I •vrrn 1T~I - Adsdnis t 8.1. Alen xiaLgratAE. The administration of the Plan shall be under the supervision of the Administrator. It shall be a Principal duty of the Administrator to see that the Plan is carried out, in accordance with its terms, for the exclusive benefit of persons entitled to Participate in the Plan without discrimination among then. The Administrator will have full power to molminister the Plan in all of its details, sub3ect to applicable requirements of law. For this purpose, the Administrator's powers will include, but will not•be lipited to, the following authority, in addition to all other powers provided by this Plan: (a) To asks and enforce such rules and regulatiaes as it deems necessary or proper for the efficient administration of the Plan, including athe le establishment of any olaiss proadures that may be required by app) provisions of law; (b) To interpret the Plan, its interpretation thereof in good faith to be final and conclusive on all persons claiming benefits raider the Plan; (o) To decide all questions concerning the Plan and the eligibility of ay person to participate in the Plan; (d) To appoint such agents, eouael, accountants, consultants and/or Claims Administrator as my be required to assist in administering the Plan; and j (a) To allocate and delegate its responsibilities uxier the Plan and to f designate other persons to carry out any of its responsibilities under app) designation the Plan, any such allocation, delegation nuto be by of written instrument and in accordance with law. 8.2. mina ton of Reoordt. The Adsinistrator will make available to each Participant such of its records under the Plan as pertain to his, for i examination at reasonable times during normal business bows. r 8.3. Reliance on Tables. eta. In administering the Plan, the Administrator will be entitled to the extent permitted by law to rely conclusively on all tables, valuations, certificates, opinions and reports which are furnished by acoonntants, counsel or other experts employed or engaged by the Administrator. 8.4. Named Fiduciary. The Plan Administrator will be a "named fiduciary" for purposes of Section 402 (a) (1) of ERISA with authority to control and manage the operation and adainistraton of the Plan, and will be responsible for complying with all of the reporting and disclosure requirements of Part I ofSubtitle 8 of Title I of ERISA. 8.5. Claims of Review Procedures. (a) Olaims Procedure. If any person believes be is being denied any rights or benefits under the Plan, such person say file a claim in writing with the Plan Administrator. If any such claim is wholly or partially denied, -the Plan Administrator will notify such person of its decision in writing. Such notification will be written in a awmer calculated to be urderstood by such person and will contain (i) specific reasons for the denial, (H) s description of any additional material or information necessary for such person to perfect such claim and an explanation of why such material or information is necessary and (iii) information as to the steps to be taken if the person wishes to submit a request for review. Such notification will be given within 90 days after the claim is received by the Administrator (or within 180 days, if special eirc^umstmroes require an extension of time for processing the claim, and if written notice of such extension and circumstances is given to such person within the initial 90 day period). If such notification is not given within such period, the claim will be considered denied as of the last day of such Viriod of such person may request a review of his claim. TTr ~--rim -v ~ (b) 2MiV • within 60 days after the drte on which a person receives a written notice of a denied claim (or, it applicable, within 90 days after the date on which such denial is considered to have occurred) such person (or his duly authorised representative) may (1) file a written request with the plan Administrator for a review of his denied claim and of pertinent dowients end (ii) sukult written issues and comments to the Plan Administrator. the Plan Administrator will notify such person of its decision in writing. such notifics:ion will be written in a memmr oalaulatd to be uYderstood by such person and will ocotain 9pe0ifio reasons for the decision as well as specific reference to pertinent Plan Provisions. The decision on review will be made within 60 days after the request for review is received by the Plan Administrator (or within 120 days, if special circumstances require an extension of time for processing the request, such as an election by the Plan Adainistrator to hold a hearing, and if written notice of such extension and circumstances is given to such Person within the initial 60 day period). If the decision on review is not mode within such period, the claim will be considered denied. . Whenever, in the B.S. adw:nistratlon of the Plan, aN discretionary action by the Plan /d inistrator is required, the Plan Administrator shall exercise its authority in a non-discriminatory sarnsr so that all persons similarly situated will receive substantially the same treatment. 8.7. Ta••R~fication of AdmsSolC• The City of Denton agrees to idemnify and to defend to the fullest extant permitted by law any Esploywa serving as the Administrator or as a member of a committee designated as Administrator (including any Employee or former Employee who formerly served as 1 I Administrator or as a amber of such committee) spin t all liabilities, draages, oats " expenses (including attornays' fees and amounts paid in settlement of any claims approved by the Company) occasioned by any act or omission to sot in connection with the Plan, if much ant or omission is in good faith. ARTICLE IX - Amendment or Termination of P)M 9.1. Amendment of Plan. The Cita► of Denton reserves the power at any time or times to amend the provisions of the Plan to any extent and in any I manner that it may deem advisable, by a written instrument signed by the City Manager of the City of Denton. 9.2. Termination of Plan. The City of Denton has established the Plan with the bona fide intention and expectation that it will be oontimad indefinitely, but the City of Denton will have no obligation +dntsoever to maintain the Plan for any given length of time end may disoontira or terminate the Plan at any time without liability. Upon termination or discontinuance of the Plan, all elections and reductions in compensation relating to the Plan shall terminate, and reimbursements shall be made only in accordance witih { Article VII. M ARTICLE Z - Miscellaneous 10.1. ~v~icaticn to IDsolosees. Promptly after the Plan is adopted, tka City of Denton will notify all Esployces of the availability end terms of the Plan. r 1 1 10.2. Limitation of Rights. Neither the establishment of the Plan nor any saerdeent thereof will be construed as giving to any Participant or other person any legal or equitable right against the Administrator or the Company, except as expressly provided herein, and in no event will the teas of employment or service of any Participant be modified or in any way be affected hereby. 10.3. Benefits Solely from. General Assets. The benefits provided bereunder will be paid solely from. the general assets of the Company. Nothing herein will be construed to require the City of Denton or the Administrator to maintain any fund or segregate any amount for the benefit of any Perticipant, and no Participant or other person shall have any claim against, right to, or security or other interest in, any fund, account or asset of the City of Denton from rhlad any payment under the Plan may be made. 10.4 Nonassigfrability of Rifts. The right of any Participant to e+ewivs any reimbursement under the Plan shall not be alienable by the Participent by I assignaac►t or any other method, ofd will not be subject to be taken by his creditors by any prowess whatsoever, and any attsmpt to cause such right to be so subjected will not be recommired, except to vx*i extent as my be required by :aw. I 10 No Ouarentee of Tax Ccnseaknces. Neither the Adr,lnistrator, nor the City of Denton makes any commitment or guarantee that ww amounts paid to or 4 for the benefit of a Participant under Article VI will be excludable from the Participant's gross income for federal or state income tax pzposee, or that any other federal or state tax treatment will apply to or be available to any Participant. It shall be the obligation of each Participant to determine whether each payment under Article VI is excludable from the Partioipant's gross income for federal and state income tax puurposes, and to notify the City of Denton if the Participant bas reason to believe that any such payment is not so excludable. 1 10.6. Inday ficatiqu of City of Dents a tioiusntA. It any participant receives one or more payments or reimbursements under Article VI that are not for Dependent Care aTensest such Participant shall indemnify and reimburse the City of Denton for arty liability it my incur for failure to withhold federal or state inxxm tax or Social Srvrity tax from such payments or reimbursements. Rc,++evers am% indewn fication and reimbursement shall not exceed the amount of additional federal and state b"m tax that the Participant would have owed if the payments of reimbursements had been made to the Participant as re"lar cash oomperuuation, Plus the participant's share of W Sooisl Security tax that would have been paid on such compensation, less my such additional income and Social Security tax actually paid by the Participant. 10.7. 90Maim law. The Plan will be ocnstrued, s3ainistered and enforced aooordint to the laws of Tsaas. Ir) WI7 M WHMMF, the City of Denton has osu"d this plan to be executed in its name and on its behalf by its officers thereunto duly authorirwd We lot day of Jusnry, 1968. j CITY OF DiAPM i i rTTT= I I IEIJ:LIJ f 7T T-= I l Ills i I ~ i UAT81 12/05/88 A. Cil'Y COUNCIL WORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd Y. 1larrell, City Manager SUBJECT: Approval of a contract ~iith SPAU in tre, amount of $36,00o to provide tran_rortatlcw services to a limited number of hand i capped i;erz.co)-. ~~1 Mt4 E N C?.A T~~i_ The Fluman Resources Committee rec:onrends apcrroial. $u MMARYL SPAN r?questec' $36.002 in funding for th_ Handi-Nc•p program at the April 26. 1988 Human Rescurres Committee r.,eot ng. PiSOGRq±1~y UEPARIJ'_rJT .CF? GRG~IPS AFF_E N/A FISIAL .1 PACT: On Septerrter 20, 1993 the City Council appro.nd the 1988-£19 Budget which included the $35,000 for SPAN to :,rovide the Nandi-Hop service. Re! tf 1}~ syaJ~tte j 1 0 ~l eT itel 1 k City Manager P red by: 'i a ara oss Community Development Coordinator e App oved: rr c Prank Aob ins Executive Director for Planning and Ue,velopment i i I I i ' s 1227L NO. AN ORDINANCE APPROVING A FUNDING AGREEMENT BETWEEN THE CITY OF DENTON AND SERVICES PROGRAM FOR AGING NEEDS (SPAN) RELATING TO HANDIHOP SERVICE; A UfHORIZING THE MAYOR TO EXECUTE THE AGREE- MENTi APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council has determined that it is in the best interest of the citizens of the City to provide public funds to Services Program for Aping Needs (SPAN), in consideration of the valuable public services providing transportation for handi- capped persons to be furnished by Services Program for Aging Needs j (SPAN) to the City of Denton in accordance with the "Funding Agreement" attached hereto; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: I SLCTION I. That the City Council hereby approves the "Fuming -Kgreement" attached hereto, between the City of Denton and Services Program for Aging Needs (SPAN), and authorizes the Mayor to execute said agreement. i SECTION II. That the City Council authorizes the expcnGitvre of funcTs in `E-ie manner and amount as specified in the Agreement. SECTION III., That this ordinance shall become effective immediately upon its passage and approval. i PASSED AND APPROVED this the day of , 1988. { M$TEP , , MAYOR ~I f ATTEST: JENNIFER-WALTERS9 CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY I BY: C'~/~f,,~,,~• r V i 1227L THE STATE OF TEXAS § FUNDING AGREW ENT BETWEEN THE CITY OF DENTON, TEXAS AND SERVICES COUNTY OF DENTON § PROGRAM FOR AGING NEEDS (SPAN) This Agreement is hereby entered into by and between the City of Denton, Texas, a Home Rule Municipal Corporation, {hereinafter to as city) and Services Program for vAin referred t transportation ide after referred to as SPAN). In order to pro parties services to a limited number of handicapped persons, the pa hereto agree as follows: 1. SCOPE OF SERVICES I SPAN shall in a satisfactory and proper manner perform the j following tasks: A. SPAN shall provide transportation services withiinn the city limits to those handicapped persons under sixty (60) years Applica- tions by the City's Denton Human Resources Committee. ✓ to receive such transportation shallbybe the submitityted ty the applicants to the City on forms app Applicants in need of ytransportation for employment ppis ur ding or shall be given prioret considerati ntsOVebena li shopping transportation for medical appo social purposes. B. The eligibility of applicants for transportation services shall be as follows: 1. A completed application form which has been approved by the City, shall be submitted; 2. A statement by a physician concerning the appli- cant's handicap shall be submitted. Such statement be a factor in considering the applicant's shall need for transportation service. ~ 3. The trip must begin And end within the city limits I I of Denton; 4. SPAN must be able to provide safe transportatit 1 for the applicant. j I 1 s to C. SPAN may contoter persons or ract with during timeao henieSPAN does ` vide the services specified her g accordance with services thep terms dand conditions oof 1 not operate, shall be ~ransportation tracts this agreement. D. SPAN shall furnish the transportation services in accordance with working hours and holidays established by the SPAN Board of Directors. I I • F V I E. SPAN shall charge each passenger of the transportation services One Dollar ($1.00) for every one-way trip provided to that passenger. II. OBLIGATIONS OF SPAN In consideration of the receipt of funds from the City, SPAN agrees co the following terms and conditions: A. It will establish a separate bank account for deposit of I the Thirty-six Thousand Dollars ($36,000.00) paid to SPAN by the City and the only .:xpendltures from this account, until such time as said funds are exhausted, shall be for those expenses listed I in the scope of services as provided for herein. SPAN shall not commingle funds received from other sources in this account and shall not utilize these funds for any other purpose. B. It will establish, operate, and maintein an account system for this program that will allow for a tracing of funds and a review of the financial status of the program. C. It will permit authorized officials for the City of Denton I to review its books at any time. D. It will reduce to writing all of its rules, regulations, and policies and ,file a copy with the City's Executive Director of Finance or his authorized representative, along with any amendments, additions, or revisions whenever adopted. i F E. It will not enter into any contracts that would encumber the City funds fora period that would extend beyond the term of this Agreement, i F. At the discretion of the City, the Agency may be required to refund the balance of the special account to the City of Denton at the end of the Agency's fiscal year. f G. It will promptly pay all bills when submitted unless there is a discrepancy in a bill; any errors or discrepancies in bills shall be promptly reported to the Executive Director of. Finance or his authorized representative for further direction. H. It will appoint a representative who will be available to meet with the Executive Director of Finance and other City officials when requested, 1. It will indemnify and hold harmless the City from any and all claims and suits artsinp out of the activities of SPAN, its eupluyees, and/or contracturF. J. WhLnever SPAN deems it necessary to impose limitations or changes to keep Handihop costs within budgetary limits, SPAN If PAGE 2 f 1 I shall sub:ait changes to the Human Resources Committee which shall approve such changes before they become effective, provided that such approval may not be unreasonably withheld. 111. TIME OF PERFORMANCE The services funded by the City shall be undertaken by SPAN within the following time frame: October 1, 1988 through September 30, 1989. IV. METHOD OF PAYMENT The City agrees to make payments to SPAN as follows: A. The City shall pay to SPAN Thirty-mix Thousand Dollars ($36,000.00) to be paid in four (4) equal installments, the first installment to be paid on or before January 1, 1989, upon receipt of a written request for funding and the report of services rendered which shall be addressed to: City of Denton, 110 West Oak, Suite B, Denton, Texas 76201, Attn: Community Development Coordinator. Thereafter, upon receipt of a written request, City shall pay SPAN on or before April 1, 1989, July 1, 1989 and September 1, 1989. SPAN shall submit monthly statements to the City showing the services provided pursuant to this Agiviemeut. i The City shall not in any case pay more than than Thirty-six Thousand Dollars ($36,000.00) to SPAN for furnishing the services provided for herein. Within thirty days of the termination of this Agreement, SPAN shall return any funds previously paid to SPAN which were not used to provide transportation services in accordance with the terms of this Agreement. V. EVALUATION SPAN agrees to participate in an implementation and main- tenance system whereby the services can be continuously monitored. i SPAN agrees to make available its financial records for review by the city at the City's discretion. SPAN u'!all provide quarterly financial statements to be submitted in January, April, July and j September which shall include expenses and income. In addition, SPAN agrees to provide the City the following data end/or reports: At the end of six (6) months of this Agreement, SPAN shall make a report to the Human Resources Committee concerning the ser- vices so far provided pursuant to this Agreement and the projected services to bo provided during the remainder of the Agreement. Based upon such report, the Human Resources Committee may deter- mine if additional funding is needed to provide continued trans- portation services through the remainder of the Agreement term. If the Committee determines that additional funding is needed, it shall make its recommendations to the City Council. ik PAGE 3 j 1 I 1 i V1. INSURANCE A. Commencing with and during the term of this agreement, SPAN, shall at its own expense, procure and maintain in full force and effect insurance written by an insurance company authorized to do business in this State. Such insurance Phall insure the City against all liability for loss, injury, damage or claims caused by or arising out J, or in connection with the services provided for herein, including injuries to or deaths of passengers or third persons and damage to or destruction of property. B. Without in any way limiting the generality of the above, SPAN shall keep and maintain comprehensive liability insurance for bodily injury and property damage in the minimum amount of $500,000 per occurrence. f VII. SUSPENSION OR TERMINATION The City may suspend or terminate this Agreement and payments to the Agency, in whole or part for cause. Cause shall include bu+: not be limited to the following; A. Agency's improper misuse, or inept use of funds. B Agency's failo.e to comply with the terms and conditions of this agreement: C. Agency's submission of data and/or reports that are incor- rect or incomplete in any material respect, or i D. If for any reason the catrying out of this agreement is rendered impossible or infeasible. I In case of suspension, the City shall advise the Agency, in writing, as to conditions precedent to the resumption of funding and specify a reasonable data for compliance. In case of termination, the Agency will remit to the City any unexpended City funds. Acceptance of these funds shall not con- stitute a waiver of any claim the City may otherwise have arising out of this Agreement. VIII. HAtiUIHOP COMPLAINT PROCEDURES In order to insure timely and appropriate resolution to any complaint that cannot be resolved through interaction between SPAN and HANDIHOP clients, clients or their guardians may file a j complaint with the City a Community De velo ate s outlined pment Office. The p s below should be followed in such cases: it PACE 4 1 V I Taint an3 grievance ocedures are available ies andN prcomp A , The client shall utilize the procedures, copies of shall ueO submitted to the City- to clients and a COPY laint, the B, If unsatsfieed d with the outcome of the com i a written statement of complaint to the i give client may then Community Development Office. If assistance is needed in writing the complaint, the office staff will be available SPAN for its C. The Community Development staff will contact written assessment of the complaint. j forwarled to the Human i D. Both statements will then be the complaint will wish, D Resources Committee da for the next Com Lttee meeting be placed on the a8s E parties concerned will be notified of the meeting date ~I E. All peak to the mambers of the and will be gie ven Canommitteopportunity to s The s decisio will be eventathe decision Committee. Council, parties. appeal is made to the City u on both of the City Council shall be binding p on day of EXECUTED this the S. S AM NEEDS(; (NANDOP FOR AGING CITY OF DENTON, TEXAS ee,2 pK, OR i 1 ATT EST ATTEST: C? eel II APPROVED AS TO LECAL FORM: l r DEBRA ADAMI DRAYOMMA CITY ATTORNEY BY, 1 II I` I PAGE S v i r~ 1 i r 110 r I rTT= OMM Ll r= lr I i i i M fill 4+44+41144+441 i DATE 112/05 /88 Ll'1'r CUUNC11. 111TURT NJ14LAT " Tot Mayor and Members of the City Council FROM: Lloyd Y. Harrell, City Manager SUBJECT: Approval of a contract with Fred M are %h,ld Care Center in the amount of $26,000 to provide day care for low income families. iiEGO MEN P,1Q~ Tha Human Resources Committee recommends approval. Mf~ARY~ Fred Moore Child Care Center reouested $26,000 in funding at the April 26, 1988 Human Resources Commit0ee meeting. P_ Q413kMSy4€.FAKMENTS Of,QRO PS AF ~~1~,Q: N/A FI_ S AL T~ On September 20, 1986 the City Council approved the 1908-"39 Budget whicli included the $26,000 for the Fred Moore Child Care Center. 3 I (to R4(.r rrre j ' City Manager Fr red by: , i 1 ar ara ose CODullunlty Development Coordinator 4Ro ed ~ b in Executive L rector t for planning and Ue.velopmeia I~ 1230L NO. AN ORDINANCE APPROVING A FUNDING AGREEMENT BETWEEN THE CITY OF DENTON AND FRED MOORE CHILD CARE CENTER; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; APPROVID" THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFZCTIVE DATE. WHEREAS, the City Council has determined that it is in the best interest of the citizens of the City to provide public funds to Fred Moore Child Care Center, in consideration of the valuable public services to be furnished by Fred Moore Child Care Center to the City of Denton in accordance with the "Funding Agreement" attached hereto; NOW, THEREFORE, THE COUNCIL OF THE CITY OF LENTON, TEXAS HEREBY ORDAINS: SECTION I. That the City Council hereby approves the "Funding Agreement" attached hereto, between the City of Denton and Fred Moore Child Care Center, and authorizes the Mayor to execute said agreement. SECTION II. That the City Council authorizes the expenditure of funs n t e manner and amount as specified in the Agreement. SECTION III. That this ordinance shall become effective immediately pon its passage and approval, PASSED AND APPROVED this the day of , 1488. i ATTEST: JENNIFER WAETERS9 CITY SECRETW APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: ~Y► vy,,., 1 t 1230L THE STATE OF TEXAS § FUNDING AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND FRED MOORE CHILD CARE CENTER COUNTY OF DENTON § This Agreement is hereby entered into by and between the City of Denton, Texas, a Home Rule Municipal Corporation, (hereinafter referred to as City) and the Fred Moore Child Care Center (herein- after referred co as Agency); WHEREAS, the City's Human Resources Committee (HRC) has reviewed the services of the Agency and has determined that the Agency performs an important human service for the residents of Denton without regard to race, religion, color, age or national origin, and therefore HRC recommends funding the Agency; and WHEREAS, the City has determined that the Agency merits assistance and has provided for Twenty-six Thousand and No/100 Dollars ($26,000.00) in its budget; NOW, THEREFORE, the parties hereto mutually agree as follows: I. SCOPE OF SERVICES The Agency shall in a satisfactory and proper manner perform the following tasks: A. The Agency's purpose is to provide day care for low income families (which includes free lunches, dental care and yearly medical examinations provided by an area volunteer). B. To provide information and referral services. E i C. To provide protective day care for abused children. D. To provide family self-support services. II. OBLIGATIONS OF AGENCY j In consideration of the receipt of funds from the City, Agency agrees to the following terms and conditions: A. It will establish a separNte bank account for deposit of the Twenty-six Thousand and No/100 ($26,000.00) Dollars paid to the Agency by the City and the only expenditures from this account, until such time as said funds are exhausted, shall be for those expenses listed in the scope of services as provided for herein. Agency shall not commingle funds received from other sources in this account and shall not utilize these funds for any other purpose. t B, It will establish, operate, and maintain an account system for this program that will allow for a tracing of funds and a review of the financial status of the program. C. It will permit authorized officials for the City of Denton f to review its books at any time, D. It will reduce to writing all f its rules, regulations, and policies and file a copyy with the City's Executive Director zed rrsntve sionsewhenevertadopted~ng with any amendments, f Finance ador his ditions, authrevi o E. It will not enter into any contracts that would encumber the City funds for a period that would extend beyond the term of thie Agreement. F. At the discretion of the City, the Agency may be required to refund the balance of the special account to the City of Denton at the end of the Agenay'a fiscal year. G. It will promptly pay all bills when submitted unless there is a discrepancy in a bill; any errors or discrepancies in bills shall be promptly reported to the Executive Director of Finance or his authorized representative for further direction. H. It will appoint a representative who will be available to meet with the Executive Director of Finance and o Der City officials when requested. 1. It will indemnify and hold harmless the City from any and all claims and suits arising out of the activities of the Agency, its employees, and/or contractors. i 111. TIME OF PERFORMANCE The services funded by the City shall be undertaken by the Agency within the following time frame: October 1, 1988 through September 30, 1989. IV. METHOD OF PAYMENT i A, Payment by the City for services provided hereunder will be made as follows; provided, that Agency shall request said pay- ment by Dentona Texas 76201e Attn: Community Development Coordinar: $6,500 on or before January 1, 1989 6,500 on or before April 10 1989 6,500 on or before July 1, 1989 16,500 on or before September 1, 1989. PAGE 2 'I I r r--r i B. It is expressly understood and agreed that in no event under th,3 terms of this contract will the total compensation to be paid nereunder exceed the maximum sum of Twenty-six Thousand and No/100 Dollars ($26,000.00) for all of the services rendered. V. EVALUATION The Agency agrees to participate in an implementation and maintenance system whereby the services caa be continuously monitored. The Agency agrees to make available its financial records for review by the City at thi City's discretion. In addition the Agency agrees to provide the City the following data andlor reports: A. All external or internal audits. B. All external or internal evaluation reports. C. Quarterly performance reports to be submitted in January, April, July and September, to include the following data: 1. Number of children served each month. 2. Number of information and referral requests handled quarterly. 3. Income level of families participating in program. D. Quarterly financial statements to be submitted in January, April, July, and September to include expenses and income. IE i VI. SUSPENSION OR TERMINATION The City may suspend or terminate this Agreem. nt and payments to the Agency, in whole or part, for cause. Cause shall include but not be limited to the following: A. Agency's improper, misuse, or inept use of finds. B. Agency's failure to comply with the terms and conditions of this agreement. C. Agency's submission of data and/or reports that are incorrect or incomplete in any material respect, or D. If for any reason the carrying out of this agreement is rendered impossible or infeasible. In case of suspension, the City shall advise the Agency, in f writing, as to conditions precedent to the resumption of funding and specify a reasonable data for compliance. PAGE 3 i In case of termination, the Agency will remit to the City any unexpended City funds. Acceptance of these funds shall not con- stitute a waiver of any claim the City may otherwise have arising out of this Agreement. IN WITNESS WHEREOF, the parties do hereby affix their signa- turns and enter into this Funding Agreement as of the day of , 1988. CITY OF DENTON, TEXAS FRED MOORE CHILD CARE CENTER KAY e f ATTEST: ATTEST: 3 WXLTERSp CITY SECRETARY SECRETARY j APPROVED AS TO LEGAL FORM; DEBRA A. DRAYOVITCH, CITY ATTORNEY i _f 0 BY: t"' r i E ~ f i PAGE 4 i E13== 1 F I I -all i i . i r i DAM 12/05/88 t CI'fr CUUNCII. REPORT FURMAT 701 DIsyor and Members of the City Council FROMt Lloyd V. Merrell, City Manager ' SU9J6CTt Approval of a contract with Denton County Friends of the Family in the amount of $33,000 to provide emergen.y shelter to women and their children. RECOMMEIJDAT IQN.;. I The Human Resources Cornmittee recommends approval, 3 M Denton County Friends of the Family requested $33,000 In funding at the April 21, 1988 Human Resources Committee meeting. i[ pROGkAMS1 0[PARIUUM- SaBQ~P~. a. L S D N/A 1.1SG~91. Ih1PACT_~ On September 20, 1988 the City Council aoprovad the 1388-89 9udgat which included the $33,000 for Denton County Friends of the Family. i Rasp full su led oy V: 11-07 r a I Tr-7- City Manager Pre red byl XWA ) Z_:l' i; I E Arbers Koss Community bevelopmeut Coot,llnator Ap oved C. r n c ns Executive Dire for for Planning and be,velopment i 1229L NO. AN ORDINANCE APPROVING A FUNDING AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FRIENDS OF THE FAMILY; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council has determined that it is in the best interest of the citizens of the City to provide public funds to Denton County Friends of the Family, in consideration of the valuable public services to be furnished by Denton County Friends of the Family to the Citq of Denton in accordance with the "Funding Agreement" attached hereto; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Council hereby approves the "Funding greement" attached hereto, between the City of Denton and Denton County Friends of the Family, and authorizes the Mayor to execute said agreement. SECTION II. That the City Council authorizes the expenditure of funds in the manner and amount as specified in the Agreement. SECTION III. That this ordinance shall become effective ' immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1988. RAY STEPHENS i f ATTEST: ? { JENNIFER i O C17Y SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY i BYt i 14 f 1229L THE STATE OF TEXAS § FUNDING AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND DENTON COUNTY OF DENTON § COUNTY FRIENDS OF THE FAMILY i This Agreement is hereby entered into by and between the City of Denton, Texas, a Home Rule Municipal Corporation, hereinafter referred to as "City", and the Denton County Friends of the Family hereinafter referred to as "Agency", WHEREAS, the City's Human Resources Committee (HRC) has reviewed the services of the Agency and has determined that the M Agency performs an important service for the residents of Denton without regard to race, religion, color, age or national origin, and HRC recommends funding the Agency; and WHEREAS, the City has determined that the Agency merits assistance and has provided for Thirty-three Thousand and No/100 Dollars ($33,000.00) in its budget for funding the Agency; NOW, THEREFORE, the parties hereto mutually agree as follows: 1. SCOPE OF SERVICES The Agency shall in a satisfactory and proper manner perform the following tasks, for which the monies provided by the City may be used: A. Provide emergency residential shelter to women and their children, who are victims of family violence. B. Provide counseling, on both a residential and non- residential basis, to family members, to assist them in dealing i ! with the emotional and physical trauma of family violence. i C. Provide counseling services to victims of rape and their E families. D. Provide community education services concerning rape and family violence. II. OBLIGATIONS OF AGENCY f In consideration of the receipt of funds from the City, Agency agrees to the following terms and conditions: A. It will establish a separate bank account for deposit of the Thirty-three Thousand and No/100 ($33,000.00) Dollars paid to the Agency by the City and the only expenditures from this account, until such time as said funds are exhausted, shall be for those expenses listed in the scope of services as provided for herein. Agency shall not commingle funds received from other sources in this account and shall not utilize these funds for any other purpose. I I / B. it will establish, operate, and maintain an account system for this program that will allow for a tracing of funds and a review of the financial status of the program. C. It will permit authorized officials for the City of Denton _ to review its books at any time. D. It will reduce to writing all of its rules, regulations, and policies and file a copy with the City's Executive Director of Finance or his authorized representative along with any amendments, additions, or revisions whenever adopted. E. It will not enter into any contracts that would encumber the City funds for a period that would extend beyond the term of this Agreement. F. At the discretion of the City, the Agency may be required to refund the balance of the special account to the City of Denton at the end of the Agency's fiscal year. G. It will promptly pay all bills when submitted unless there is a discrepancy in a bill; any errors or discrepancies in bills shall be ppromptly reported to the Executive Director of Finance or his authorized representative for further direction. H. It will appoint a representative who will be available to meet with the Executive Director of Finance and other City officials when requested. 1. It will indemnify and hold harmless the City from any P.nd all claims and suits arising out of the activities of the Agency, its employees, and/or contractors. I III. TIME OF PERFORMANCE The services funded by the City shall be undertaken by the f Agency within the following time frame: October 1, 1988 through September 30, 1989. IV. MELMOD OF PAYMENT A. Payment by the City for services provided hereunder will be made as follows; provided, that Agency shall request said pay- ment by letter addressed to; City of Denton, 110 West Oak, Suite B, Denton, Texas 76201, Attn: Community Development Coordinator: r 8,250 on or before January 1 1989 8,250 on or before April 1, 989 81250 on or before July 1, 1989 8,250 on or before September 1, 1989. PAGE 2 i B. It is expressly understood and agreed that in no event under the to,7ma of this contract will the total compensation to be paid hereunder exceed the maximum sum of Thirty-three Thousand and No/100 Dollars ($33,000.00) for all of the services rendered. V. EVALUATION The Agency agrees to participate in an implementation and maintenance system whereby the services can be continuously monitored. The Agency agrees to make available its financial records for review by the City at the City's discretion. In addition the Agency agrees to provide the City the following data andlor reports; A. All external or internal audits. B. All external or internal evaluation reports. C. Quarterly performance reports to be submitted in January, April, July and September, to include the following data: 1. Total number of clients served. 2. Residential-Number of women over seventeen (17) housed. 3. Number of children under seventeen (17) housed. 4. Average length of stay of persons housed. ~ r ! 5. Disposition of case. 6. Non-Residential Family Counseling-Number of clients. 7. Non-Residential Individual Counseling-Number of clients. 1 8. Number of telephone calls related to family violence. 9. Income level correlated to Texas Department of Human Resources and Health & Human Services Poverty Guidelines. 10. Number below poverty level. Number above poverty level. 11. Number of rape cases. 12. Other appropriate information such as number of volunteer hours, major donations, fund raising efforts, community education programs, and new program developments. PACE 3 D. The Agency agrees to submit quarterly financial statements in January, April, July, and September which shall include current and year-to-date period accounting of all revenues, expenditures, outstanding obligations and beginning and ending balances. E. An explanation of any major changes in program services. F. An explanation of use of funds to provide additional services. VI. SUSPENSION OR TERMINATION In case of suspension, the City shall advise the Agency, in writing, as to conditions precedent to the resumption of funding and specify a reasonable date for compliance. In case of termination, the Agency will remit to the City any unexpended City funds. Acceptance of these funds shall not constitute a waiver of any claim the City may otherwise have arising out of this agreem-nt. IN WITNESS WHEREOF, the parties do hereby affix their signa- tures and enter into this Funding Agreement as of the day of , 1988. ` CITY OF DENTON, TEXAS DENTON COUNTY FRIENDS OF THE I FAMILY I BY: i B r ATTEST: ATTEST; I JENNIFER WAITERSO-CITY f `I SECRETARY APPROVED AS TO LEGAL FONM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: I i PAGE 4 li E ' i f N -rrTM r-. I l 1 I r r t ~ i I i I~ 1 i I ~ i i DATB112/05/88 CITY COUNCIL RhYURI FORMAT 101 Mayor and Members of the City iOURCil FROMI Lloyd Y. Harrell, City Manager SUBJECTI Approval of a contract with Denton City-County Day Nursery in the amount of $14,000 to provide low cost day care to low income families where both parents work, RECOMMENDATION: The Human Resources Committee recommends approval. SUMMARY: Denton City County Day Nursery requested' $14,000 in funding at the April 28, 1988 Human Resources Committee meeting. , PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: j N/A I F13CAt IMPAC L• On September 20, 1988 the City Courcil approved the 1988-03 Budget which included the $14,000 for the Denton City County Day Nursery, I i~ Rasp ully/sulywSted U Uro-yWtv Harrell City Manager I Pre pared by: t f/J) Barbara X059 Community Development Coordinator 4Ap4poved pbbina~ ExeCUt1Ve Ulrector j for Planning and Ue,velopment { r 1 Ir J r 1228L NO. AN ORDINANCE APPROVING A FUNDING AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON CITY-COUNTY DAY NURSERY; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council has determined that it is in the best interest of the citizens of the City to provide public funds to Denton City-County Day Nursery, in consideration of the valuable public services to be furnished by Denton Citr-County Day Nursery to the City of Denton in accordance with the 'Funding Agreement" attached hereto; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Council hereby approves the "Funding greement" attached hereto, between the City of Denton and Denton City-County Day Nursery, and authorizes the Mayor to execute said agreement. SECTION II. That the City Council authorizes the expenditure of n e n t e manner and amount as specified in the Agreement. SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1988. j j I IM STEP , r ATTEST: I JENNIFER' WALM~', Z` ITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: 0. _ `I 1 { 1228L THE STATE OF TEXAS FUNDING AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND DENTON CITY-COUNTY DAY NURSERY COUNTY OF DENTON This Agreement is hereby entered into by and between the City of Denton, Texas, a Home Rule Municipal Corporation, (hereinafter referred to as City) and the Denton Ciry-County Day Nursery (hereinafter referred to as Agency); WHEREAS, the City's Human Resources Committee (HRC) has reviewed the services of the Agency and has determined that the Agency performs an important human service for the residents of Denton without regard to race, religion, color, age or national origin, and therefore HRC recommends funding the Agency; and WHEREAS, the City has determined that the Agency merits assistance and has pprovided for Fourteen Thousand and No/100 Dollars ($14,000.00) in its budget; NOW, 'T'HEREFORE, the parties hereto mutually agree as follows: 1. SCOPE OF SERVICES The Agency shall in a satisfactory and proper manner perform the following tasks: A. The Agency's purpose is to provide low coat day care to low income families where both parents work. B. To provide two nutritional meals (breakfast and lunch) for the children. E E II. OBLIGATIONS OF AGENCY In consideration of the receipt of funds from the City, Agency agrees to the following terms and conditions: I A. It will establish a separate bank account for deposit of the Fourteen Thousand and No/100 ($14,000.00) Dollars paid to the Agency by the City and the only expenditures from this account, until such time as said ft-nds are exhausted, shall be for those expenses listed in the scope of services as provided for herein. Agency shall not commingle funds received from other sources in this account and shall not utilize these funds for any other purpose. B. It will establish, operate, at.d maintain an account system for this program that will allow for a tracing of funds and a review of the financial status of the program. I Ir C. It will permit authorized officials for the City of Penton to review its books at any time. D. It will reduce to writing all of its rules, regulations, and policies and file a copy with the City's Executive Director of Finance or his authorized representative along with any amendments, additions, or revisions whenever adopted. E. It will not enter into any contracts that would encumber the City funds for a period that would extend beyond the term of this Agreement. F. At the discretion of the City, the Agency may be required to refund the balance of the special account to the City of Denton at the end of the Agency's fiscal year. G. It will promptly, pay all bills when submitted unless there is a discrepancy in a bill; any errors or discrepancies in bills shall be promptly reported to the Executive Director of Finance or his authorized representative for further direction. H. It will appoint a representative who will be available to meet with the Executive Director of Finance and other City officials when requested. 1. It will indemnify and hold harmless the City from any and all claims and suits arising out of the activities of the Agency, its employees, and/or contractors. III. TIME OF PERFORMANCE The services funded by the City shall be undertaken by the Agency within the following time frame: October 1, 1988 through September 30, 1989. s IV. METHOD OF PAYMENT A. Payment by the City for services provided hereunder will be made as follows; provided, that Agency shall request said pay- ment by letter addressed to: City of Denton, 110 West Oak, Suite B, Denton, Texas 16201, Attn: Community Development Coordinator: j 3,500 on or before January 1 1989 3,500 on or before April 1, 1989 3,500 on or before July 1, 1989 3,500 on or before September 1, 1989. B. It is expressly understood and agreed that in no event under the terms of this contract will the total compensation to be paid hereunder exceed the maximum sum of Fourteen Thousand and No/100 Dollars ($14,000.00) for all of the services rendered. PAGE 2 V. EVALUATION The Agency agrees to participate in an implementation and maintenance system whereby the services can be continuously monitored. The Agency agrees to make available its financial records for review by the City at the City's discretion. In additio,i, the Agency agrees to provide the City the following data and/or reports: A. All external or internal audits. B. All external or internal evaluation reports. C. Quarterly performance reports to be submitted in January, April, July and September, to include the following data: 1. Number of children served each month. 2. Income level of families participating in program. D. Quarterly financial statements to be submitted in January, April, July, and September to include expenses and income. VI. SUSPENSION OR TERMINATION The City may suspend or terminate this Agreement and payments to the Agency, in whole or part, for cause. Cause shall include but not be limited to the following. A. Agency's improper, misuse, or inept use of funds. B. Agency's failure to comply with the terms and conditions of this agreement. C. Agency's submission of data and/or reports that are incor- rect or incomplete in any material respect, or D. If for any reason the carrying out of this agreement is rendered impossible or infeasible. In case of suspension, the City shall advise the Agency, in writing, as to conditions precedent to the resumption of funding and specify a reasonable data for compliance. 1 In case of termination, the Agency will remit to the City any unexpended City funds. Acceptance of these funds shall not constitute a waiver of any claim the City may otherwise have arising out of this Agreement, i i PAGE 3 i I ~ IN WITNESS WHEREOF, the parties do hereby affix their signa- tures and enter into this Funding Agreement as of the day of , 1988. CITY OF DENTON, TEXAS DENTON CITY-COUNTY DAY NURSERY RAY TE 11REC ~ ATTEST: ATTEST: i i JENNIFER WALTERS SECRET I APPROVED AS TO LEGAL FORM; DEBRA A. DRAYOVITCH, CITY ATTORNEY BY ~ f I r F i f I i PAGE 4 f 1 / i N I 11 Fill if EH±H+4;p; i 7 f f k f { DATE 112/ t3/88 C17Y COUNC1L Rut'URy ruitmn TUt Mayor and Members of the City Council PROMi Lloyd Y. Harrell, City Manager SUBJECT! Aoproval of a contract with the League,of United Latin American Citizens in the amount of $26,550 to provide English as a Second Language program for low income citizens. REMMMDATION_ The Community Development Block Grant Committee and the Human Resources Committee recommend approval. SUMMARY: CDBG funds were requested by LULAC during the spring of 1986. The request was subsequently approved by City Council through the Final Statement of Objectjlves and Projected Use of Funds submitted to the Department of Noosing and Urban Develop- ment in June 1988. PROGRAMS. _PLPARTME JTS OR GRl1UP$ Af FE%TE : The Community Development Staff will monitor for compliance with federal requirements and programs progress. ! FISCAL IMP { ACTS ~ Program will be funded entirely with CDBG moni Res tE lly ele ICIE f? II V n arre City Manager P Bred bys ii ar ara oss CommUnity Development Coordinatue App o eds E ank Robbin Executive director for Planning and bevelopment fl . j. i 1 i I t I f t I, 2573L NO. AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON COUNTY LEAGUE OF UNITED LATIN AMERICAN CITIZENS COUNCIL NO, 04366; AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT ENTITLED "ENGLISH AS A SECOND LANGUAGE", APPROVING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council has determined that it is in the best interest of the citizens of the City to provide public funds to The Denton County League of United Latin American Citizens Council No. 04366, in consideration of the valuable public services to be furnished by said organization to the City of Denton in accordance with the "Agreement" attached hereto; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION L, That the City Council hereby approves the "Agreement" attached hereto, between the City of Denton and The Denton County League of United Latin American Citizens Council No. 04366, and authorizes the Mayor to execute said agreement. SECTION II. That the City Council authorizes the expenditure of tunas In the manner and amount as specified in the Agreement. SECTION III. That this ordinance shall become effective imme3 aattely upon its passage and approval. PASSED AND APPROVED this the day of , 1988. t f ATTEST; I SECRETM APPROVED AS TO LEGAL FORM: I DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY i BY: f i i 2562L r COUNTY ELECITY AGUEO OF DENTON THE STATE OF TEXAS AND THE HE DENTON BETWEEN COUNTY OF DENTON g LATIN AMERICAN CITIZENS COUNCIL NO. 04366 This Contract and agreement is made and entered into by and between the City of Denton, a Texas Municipal Corporation, acting by and through its Cheity refer ed to as diCITYnance dated ate-Denton i County League o United Latin American Citizens Council #04366, hereinafter referred to as CONTRACTOR. WHEREAS, the CITY has received certain funds from the U.S. Department of Housing and Urban development under Title I of the Housing and Community Development Act of 1974, as amended, and; WHEREAS, the CITY has adopted a budget for such funds and included therein an authorized budget for expenditure of funds for the project entitled: English as a Second Language, and; WHEREAS, the CITY has designated the Community Development Department as the department responsible for the administration of this contract and all matters pertaining thereto, and; WHEREAS, the CITY wishes to engage the CONTRACTOR to carry out such project; NOW THEREFORE: The parties hereto severally and collectively agree, and by the execution hereof are bound to the mutual obligations and to the performance and accomplishment of the tasks hereinafter described. t 1. TERM I This Contract and agreement shall commence on or as of December 15, 1988, and shall terminate on June 14, 1990, unless extended by mutual agreement. II. RESPONSIBILITIES The CONTRACTOR hereby accepts the responsibility for the performance of all services and activities, in a satisfactory and ! efficient manner as determined by the CITY, in accordance with { the terms herein. The CITY will consider the CONTRACTOR'S executive officer to be the CONTRACTOR's representative I responsible for the management of all contractual matters pertaining hereto, unless written notification to the contrary is received from the CONTRACTOR, and approved by the CITY. The Director of Community Development, or his/her designated representative, will be tha CITY's representative responsible for the administration of this contract. III. CITY'S OBLIGATION A. Limit of Liability. In consideration, the CITY will reimburse CONTRACTOR for expenses incurred pursuant hereto in accordance with the project budget included as a part of EX'.iIBIT B. Notwithstanding any other provision of the Contract, the total of all payments and other obligations made or incurred by the CITY hereunder shall not exceed the sum of $26,550.00. B. Measure of Liability. In consideration of full and satisfactory services and activities hereunder by CONTRACTOR, the CITY shall make payments to CONTRACTOR based on the Budget attached hereto and incorporated herein for all purposes as EXPIBIT B subject to the limitations and provisions set forth in this Section and Section VIII of this Contract. (1) It is expressly understood and agreed by the parties hereto, that the CITY's obligations under this Section are contingent upon the actual receipt of adequate Community Development Block Grant (CDBG) funds to meet the CITY's liabilities under this Contract. If adequate funds are not I available to make payments under this Contract, the CITY shall notify CONTRACTOR in writing within a reasonable time after such fact has been determined. The CITY may, at its option, either j reduce the amount of its liability, as specified in Subsection A of this Section or terminate the Contract. If CDBG funds j eligible for use for purposes of this Contract are reduced, the CITY shall not be liable for further payments due to CONTRACTOR under this Contract. j (2) It is expressly understood that this Contract in no way obligates the General Fund or any other monies or credits of the City of Denton. 1 (3) The CITY shall not be liable for any cost or PORTION E thereof which: (a) has been paid, reimbursed or is subject to payment or reimbursement, from any other source; i PAGE 2 .I i (b) was incurred prior to the beginning date, or after the ending date specified in Section I; (c) is not in strict accordance with the terms of this Contract, including all exhibits attached hereto; (d) has not been billed to the CITY within thirty (30) calendar days following billing to the CONTRACTOR, or termination of the Contract, whichever is earlier; (e) is not an allowable cost as defined by Section XIII of this Contract or the project budget. (4) The CITY shall not be liable for any cost or portion thereof which is incurred with respect to any activity of the CONTRACTOR requiring prior written authorization from the CITY, or after the CITY has requested that the CONTRACTOR furnish data concerning such action prior to proceeding further, unless and until the CONTRACTOR is therefore advised by the CITY to proceed. (5) The CITY shall not be obligated or liable under this Contract to any party other than the CONTRACTOR for payment of any monies or provision of any goods or services. IV. COMPLIANCE WITH FEDERAL, STATE and LOCAL LAWS A. The CONTRACTOR understands that funds provided to it pursuant to this Contract and agreement are funds which have been made available to the CITY by the Federal Government (U.S. Depart- ment of Housing and Urban Development) under the Housing and Community Development Act of 1474, as amended, in accordance with an approved Grant Application and specific assurances. Accord- i ingly, the CONTRACTOR assures and certifies that it will comply with the requirements of the Housing and Community Development Act of 1974 (P.L. 93-383) as amended and with regulations promulgated thereunder, and codified at 24 CFR, which in no way is meant to constitute a complete compilation of all duties imposed upon the CONTRACTOR by law or administrative ruling, or to narrow the standards which the CONTRACTOR must follow. The CONTRACTOR further assures and certifies that if the regulations and issuances promulgated pursuant to the Act are amended or revised, it shall comply with them, or notify the CITY, as provided in Section XXV. of this Contract. B. The CONTRACTOR shall comply with all applicable laws, ordinances and codes of the State of Texas and the City of Denton. l PAGE 3 f I! 1 i V. REPRESENTATIONS _ A. The CONTRACTOR assures and guarantees that it possesses the legal authority, pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to enter into this Contract. B. The person or persons signing and executing this Contract on behalf of the CONTRACTOR, do hereby warrant and guarantee that he/she, or they, have been fully authorized by the CONTRACTOR to execute this Contract on behalf of the CONTRACTOR and to validly and legally bind the CONTRACTOR to all terms, performances and provisions herein set forth. C. The CITY shall have the right, at its option, to either temporarily suspend or permanently terminate this Contract if there is a dispute as to the legal authority of either the CONTRACTOR or the person signing the Contract to enter into this Contract. The CONTRACTOR is liable to the CITY for any money it has received from the CITY for performance of the provisions of this Contract if the CITY has suspended or terminated this Contract for the reasons enumerated in this Section. D. The CONTRACTOR agrees that the fune3 and resources provided the CONTRACTOR under the terms of this Contract will in no way be substituted for funds and resources from other sources, nor in any way serve to reduce the resources, services, or other benefits which would have been available to, or provided through, the CONTRACTOR had this Contract not been executed. i t VI. PERFORMANCE BY CONTRACTOR Tt:e CONTRACTOR will provide, oversee, administer, and carry out all of the activities and services set out in the Work Statement, attached hereto and incorporated herein for all purposes as Exhibit A, utilizing the funds described in Exhibit B, attached hereto and incorporated herein for all purposes and deemed by both parties to be necessary and sufficient payment for full and satisfactory performance of the i program, as determined solely by the CITY and in accordance with all other terms, provisions and requirements of this Contract. (1) No modifications or alterations may be made in the WORK STATEMENT without the prior written approval of the City's Director of Community Development Office, or his/her authorized representative. PACE 4 I i I 1 A VII. PAYMENTS TO CONTRACTOR A. The CONTRACTOR must aaintain a separate numbered account - for the receipt and disbursement of all funds received under this Contract and any program Wcome resulting therefrom. The CONTRACTOR further agrees that: (1) Such account shall contain only the funds received pursuant to this Contract and that no other funds shall be mingled with funds in such account, except funds deemed to be program income as defined in Section XIV of this Contract. CONTRACTOR shall support all checks and withdrawals from said account with itemized documentation of costs under this Contract. Upon the CONTRACTOR's written request and solely within the discretion of the CITY, an alternative accounting mechanism may be permitted, provided such alternative adheres at all times to generally accepted accounting principles. (2) Said account shall be maintained, under conditions approved by the CITY, in a financial institution, with federal deposit insurance coverage and the balance, if any, exceeding the' federal deposit insurance coverage, shall be collaterally secured, B. Method of Payment, (a) Payment by the City for services provided hereunder shall be made as follows: no more than $6,637,50 on or before Januaryy 1 1989 no more than $6,637.50 on or before April i, 1989 I no more than 6,637.50 on or before July 1, 1989 no more than 460637.50 on or before October 1, 1989 (b) The use of the funds provided for in Section A shall be as follows: Percentage of Total Funds to be Expended by Contractor By February 1 1989 10 By May 1, 1986 25 By August 1, 1989 50 By October 1 1989 75 By June 141 1990 100 All funds must be expended in 18 months. PAGE 5 C. Excess Payment. CONTRACTOR shall refund to the CITY within ten wor ng drys of the CITY's request, any sum of money which has been paid by the CITY and which the CITY at any time thereafter determines: (1) has resulted in overpayment to CONTRA^TOR: or, (2) has not been spent strictly in accordance with the terms of this Contract; or (3) is not supported by adequate documentation to fully justify the expenditure. D. Disallowed Costs. Upon termination of the Contract, should any expense or c arge for which payment has been made be subsequently disallowed or disapproved as a result of any auditing or monitoring by the CITY, the Department of Housing and Urban Development, or any other Federal agency the CONTRACTOR will refund such amount to the CITY within ten ~10) working days of written notice to CONTRACTOR, specifying the amount disallowed. Refunds of disallowed costs may not be made from these or any other funds received from or through the CITY. E. Deobligation of Funds. In the event thAt actual expenditure rates deviate rom CONTRACTOR's provision of a corresponding level of performance, as specified in Exhibit A, the CITY hereby reserves the right reappropriate or recapture any such under-expended funds. F. Contract Close Out. The Contract close out package together with a na expenditure report, for the time period, covered by the last invoice requesting reimbursement of funds I under this Contract, shall be submitted by the CONTRACTOR to the CITY within fifteen (15) working days following the close of this Contract period utilizing the form agreed upon by the CITY and CONTRACTOR. At the termination of the Contract, all unclaimed (30 days or older) salaries or wages must be returned to the CITY in the following format: (1) A cashier's check for the net aggregate amount payable to the City of Denton; (2) A listing showing the Social Security number, full name, last know complete address and the amount owed to each person involved. PAGE 6 ~ I low VIII. - OWNERSHIP OF PROPERTY All equipment must be purchased by the CITY'S Purchasing Department through the Community Development Office. Equipment or major non-recurring expenses ($200.00 or more) may not be purchased without written consent of the CITY during the last four months of this Contract. Ownership title to all capital acquisitions, supplies, materials or any other property purchased with funds received under this Contract and in accordance with the provisions of the Contract, is vested with the CITY, and possession of such t property shall, upon termination of the Contract, revert to the CITY, unless otherwise provided for by the CITY in writing. Written notification must be received by the CITY within five (o5) cal theendar days of p for yinin order ventoYy purposes. The CONTRACTOR shall maintain adequate accountability and control over such property, shall maintain adequate property records, and perform an annual physical inventory. i IX. WARRANTIES The CONTRACTOR represents and warrants that: A. All information, reports and data heretofore or hereafter requested by the CITY and furnished to the CITY, is complete and accurate as of the date shown on the information, date, or i report, and since that date have not undergone any significant change without written notice to the CITY. B. Any supporting financial statements heretofore requested by the CITY and furnished to the CITY, are complete, accurate and fairly reflect the financial condition of the CONTRACTOR on the date shown on said report, and the results of the operation for the period covered by the report, and that since said date, there has been no material change, adverse or otherwise, in the financial condition of the CONTRACTOR. C. No litigation or rocee t threatened against the CONTRACTORings are presently pending or I D. None of the provisions herein contravenes or is in the business orthwith under conflict ofianyt existing CTOR is doing a or agreement of the CONTRACTOR. i F PACE 1 i i I E. The CONTRACTOR has the power to enter into this Contract and accept payments hereunder, and has taken all necessary action to authorize such acceptance under tho terms and conditions of this Contract. F. None of the assets of the COYTRAcrOR is subject to any lien or encumbrance of any character, except for current taxes not delinquent, except as shown in the financial statements furnished by the CONTRACTOR to the City. Each of these representations and warranties shall be continuing and shall be deemed to have been repeated by the submission of each request for payment X. COVENANTS During the period of time that payment may be made hereunder and so long as any payments remain unliquidated, the CONTRACTOR shall not, without the prior written consent of the Executive Director of Planning and Development or his/her authorized representative: A. Mortgage, pledge, or otherwise encumber or suffer to be encumbered, any of the assets of the CONTRACTOR now owned or here- after acquired by it, or permit any pre-existing mortgages, liens, or other encumbrances to remain on, or attached to, any assets of the CONTRACTOR which are allocated to the performance of this Con- tract and with respect to which the CITY has ownership hereunder. 1 i B. Sell, assign, pledge, transfer or otherwise dispose of accounts receivables, notes or claims for money due or to become due. C. Sell, convey, or lease all or substantial part of its assets. D. Make any advance or loan to, or incur any liability for any other firm, parson, entity or corporation as guarantor, surety, or accommodation endorser. Xi. ALLOWABLE COSTS A. Coats shall be considered allowable only if incurred directly specifically in the performance of and in compliance with this Contract and in conformance with the standards and provisions of Exhibits A, and B. PAGE 8 i B. Approval of CONTRACTOR's budget, Exhibit B, does not constitute prior written approval, even though certain items may appear herein. The City s prior written authorization is required in order for the following to be considered allowable costs: (1) Encumbrance or expenditure during any one month period which exceeds one-twelfth (1/12) of any budgeted line items for personnel costs as specified in Exhibit B. (2) Any Sub-contracts. (a) The City shall not be obligated to any third parties (including any subcontractors of the CONTRACTOR) and CITY funds shall not be used to pay for any contract service extending beyond the expiration of this Contract. (3) Out of town travel. (4) Any alterations or relocation of the facilities on and in which the activities specified in Exhibit A r,re conducted. (5) Any alterations, deletions or additions to the Personnel Schedule incorporated in Exhibit B. i (6) Costs or fees for temporary employees or services. (7) Any fees or payments for consultant services. t (8) Fees for attending out of town meetings, seminars or conferences. i Written requests for prior approval are the CONTRACTOR's responsibility and shall be made within sufficient time to permit a thorough review by the CITY. Written approval by the CITY must be obtained prior to the commencement of pro:;edures to solicit or purchase services, equipment, or real or personal proporty. Any procurement or purchase which may be approved under the terms of this Contract must be conducted in its entirety in accordance with the provisions of this Contract. XII. PROGRAM INCOME A, For purposes of this Contract, program income moans earnings of the CONTRACTOR realized from activities resulting from this Contract or from the CONTRACTOR's management of funding provided or received hereunder. Such earnings include, but are PAGE 9 J I ~ ! ` not limited to, income from interest, usage or rental/lease fees, h income produced from contract-supported services of individuals or employees or from the use of equipment or facilities of CONTRACTOR provided as a result of this Contract, and paym-,nts from clients or third parties for services rendered by CONTRACTOR under this Contract. B. On a monthly basis, CONTRACTOR shall report and return to the CITY, all program income received or accrued during the pre- ceding month. Alternative arrangements to this requirement may be made upon written request to, and written approval by the CITY. C. Records of the receipt and disposition of program income must be maintained by the CONTRACTOR in the same mann„r as required for other Contract funds, and reported to the CITY in the format prescribed by the CITY. D. The CONTRACTOR shall include this Section in its entirety in all of its sub-contracts which involve other income-producing services or activities. E. It is the CONTRACTOR'S responsibility to obtain from the CITY a prior determination as to whether or not income arising directly or indirectly from this Contract, or the performance thereof, constitutes program income. The CONTRACTOR is respon- sible to the CITY for the repayment of any and all amounts determined by the CITY to be program income, unless otherwise approved in writing by the CITY. XIII. MAINTENANCE OF RECORDS ` t A. The CONTRACTOR agrees to maintain records that will provide ! accurate, current, separate, and complete disclosure of the status of the funds received under this Contract, in compliance with the ! provisions of Exhibit B, attached hereto, and with any other applicable Federal and State regulations establishing standards for financial management, CONTRACTOR's record system shall con- tain sufficient documentation to provide in detail full support and justification for eac'i expenditure. Nothing in this Section I shall be construed to relieve the CONTRACTOR of fiscal account- ability and liability under any other provision of this Contract or any applicable law. The CONTRACTOR shall include the substance of this provision in all subcontracts. B. The CONTRACTOR a reel to retain all books, records, docu- ments reports, and written accounting policies and procedures pertaining to the operation of programs and expenditures of funds PACE 10 i under this Contract for the period of time and under the condi- tions specified by the CITY. C. Nothing in the above subsections shall be construed to relieve the CONTRACTOR of responsibility for retaining accurate and current records which clearly reflect the level and benefit of services provided under this Contract. D. At any reasonable time and as often as the CITY may deem necessary, the CONTRACTOR shall make available to the CITY, HUD, or any of their authorized representatives, all of its records and shall permit the CITY, HUD, or any of their authorized representatives to audit, examine, make excerpts and copies of such records, and to conduct audits of all contracts, invoices, materials, payrolls, records of personnel, conditions or employment and all other data requested by said representatives. XIV. REPORTS AND INFORMATION s an in CONTRACTORh shall furnish such statements CITY may ecorda, egdatas athe nd information as the CITY may request and deem pertinent to matters covered by this Contract. Regular performance reports, shall be submitted to the CITY by the CONTRACTOR no later than once each three months, commencing February 1, 1989. The performance report shall detail client information, including names, addresses, race, income and other such statistics required by CITY. The CONTRACTOR agrees to r` gather information and data relative to all programmatic and i financial reporting as of the beginning date specified in Section It and furnish to CITY quarterly of all income received and funds expended. I XV. MONITORING AND EVALUATION A. The CITY shall perform on-site monitoring performance under this Contract. of CONTRACTOR'S B. The CONTRACTOR agrees that the CITY may carry out moni- toring and evaluation activities to ensure adherence by the CONTRACTOR to the Work Statement, and Program Goals and Objectives, which are attached hereto as Exhibit As as well as other provisions of this Contract. PAGE 11 T C. The CONTRACTOR agrees to cooperate fully with the CITY in the development, implementation and maintenance of record-keeping systems and to provide data determined by the CITY to be necessery for the CITY to effectively fulfill its monitoring and evaluation responsibilities. D. The CONTRACTOR agrees to cooperate in such a way so as not to obstruct or delay the CITY in such monitoring and to designate one of its staff to coordinate the monitoring process as requestedby CITY staff. E. After each official monitoring visit, the CITY shall pro- vide the CONTRACTOR with a written report of monitoring findings. F. Copies of any fiscal, management, or audit reports by any of the CONTRACTOR's funding or regulatory bodies will be sub- mitted to the CITY within five (S) working days of receipt by the CONTRACTOR. XVI. DIRECTORS' MEETINGS During the term of this Contract, the CONTRACTOR shall cause to be delivered to the CITY copies of all notices of meetings of its Board of Directors, setting forth the time and place thereof. Such notice shall be delivered to the CITY in a timely manner to give adequate notice, and shall include an agenda and a brief description of the matters to be discussed, CONTRACTOR under- stands and agrees that CITY representatives shall be afforded access to all Board of Directors' meetings. ! Minutes of all meetings of the CONTRACTOR's governing body shall be submitted to the CITY within ten (10) working days of approval. XVII. INSURANCE 1 A. The CONTRACTOR shall observe sound business practices with respect to providing such bonding and insurance as would provide adequate coverage for projects under this Contract. B. The premises on and in which the activities described in the Work Statement, Exhibit A, are conducted, and the employees conducting these activities, shall be covered by premise liability insurance, commonly referred to as "Owner/Tenant" coverage with the CITY named as an additional insured. Upon i PAGE 12 i request of the CONTRACTOR, the CITY may, at its sole discretion, approve alternate insurance coverage arrangements. C. The CONTRACTOR will comply with applicable workers' compen- sation statutes and will obtain employers' liability coverage where available and other appropriate liability coverage for program participants, if applicable. D. All non-expendable property acquired under the provisions of this Contract must be adequately insured against fire, theft, and loss, with the CITY named as co-insured. E. The CONTRACTOR will maintain adequate and continuous liability insurance on all vehicles owned, leased or operated by the CONTRACTOR. All employees of the CONTRACTOR who drive a vehicle in the normal scope and course of their employment must possess a valid Texas drivers' license and liability insurance. Evidence of the employee's current possession of a valid license and insurance must be maintained on a current basis in the CONTRACTOR's files. F. Actual losses not covered by insurance as required by this Section are not allowable costs under this Contract, and'remain the sole responsibility of the CONTRACTOR. XVII1 EQUAL OPPORTUNITY A. All CONTRACTORS receiving funding in excess of $10,000 will submit for CITY approval, a written plan for compliance with the Equal Employment and Affirmative Action Federal provisions, within thirty (30) days of the effective date of this Contract. B. All CONTRACTORS shall comply with all applicable equal employment opportunity and affirmative action laws or regulations. C. The CONTRACTOR or SUBCONTRACTOR will furnish all information and reports requested by the CITY, and will permit access to its books, records, and accounts for purpo-es of investigation to ascertain compliance with local, state and Federal rules and regulationb. D. In the event of the CONTRACTOR's or SUBCONTRACTOR's non-compliance with the non-discrimination requirements, the Contract may be cancelled, terminated, or suspended in whole or in part, and the CONTRACTOR or SUBCONTRACTOR may be barred from further contracts with the CITY. PACE 13 XIX PERSONNEL POU CIES Personnel policies shall be established by the CONTRACTOR and shall be available for examination. Such personnel policies shall: A. Be no more liberal than the CITY's personnel policies, pro- - cedures, and practices, including policies with respect to employ- ment, salary and wage rates, wo:king hours and holidays, fringe benefits, vacation and sick leav privileges, and travel; and B. Be in writing and shall be approved by the governing body of the CONTRACTOR and by the CIfY. XX. CONFLICT OF INTEREST A. The CONTRACTOR covenants that neither it nor any member of its governing body presentl- has any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to b► performed under this Contract. The CONTRACTOR further covenants that in the performance of this Contract, no person having such interest shall be employed or appointed as a member of Its governing body. B. The CONTRACTOR further covenants that nci member of its governing body or its taff, subcontracrors or employees shall possess any interest in or use his position for a purpose that is or gives the appearance of being motivated by desire for private gain for himself, or otlers; particularly those with which he has family, business, or other ties. C. No officer, merber, or employee of the CITY and no member of its governing body who exercises any function or responsibil- ities in the review or approval of the undertaking or carrying out of this Contract shall (1) participate in any decision relating to the Contract which affects his personal interest or the interest in any corporation, partnership, or association in which he has direct or indirect interest; or (2) have any ' interest, direct o- indirect, in this Contract or the proceeds thereof. XXI. NEPOTISM CONTRACTOR a call not employ in any paid capacity, any person who is a membe• of the immediate family of any person who is PAGE 14 currently employed by CONTRACTOR, or is a member of CONTRACTOR's governing board. The term "member of immediate family" includes: _ wife, husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, step-parent, step-child, half-brother and half-sister. XXII. POLITICAL OR SECRETARIAL ACTIVITY A. None of the performance rendered hereunder shall involve, and no portion of the funds received by the CONTRACTOR hereunder shall be used, either directly or indirectly, for any political activity (including, but not limited to, an activity to further the election or defeat of any candidate for public office) or any activity undertaken to influence the passage, defeat or final content of legislation. B. None of the performance rendered hereunder shall involve, am no portion of the funds received by the CONTRACTOR hereunder shall be used for or applied directly or indirectly to the construction, operation, maintenance or administration, or. be utilized so as to benefit in any manner any sectarian or religious facility o.• activity. XXIII. PUBLICITY A. Where such action is appropriate, as determined by and then acwritten tivities approval coducted by he CONTRACTOR ndersthis Contracts In any news release, sign, brochure, or other advertising medium disseminating information prepared or distributed by or for the CONTRACTOR, mention shall be made of the U.S. Department of Housing and Urban Development funding through the City of Denton having made the project possible. I B. All published material and written reports submitted under this project must be originally developed material unless otherwise s cifically provided in this Contract. When material not originally developed is included in a report, it shall have the source identified. This identification may be in the body of the report or by footnote. This provision is applicable when the material is in a verbatim or extensive paraphrase format. All published material submitted under this project shall include the following reference on the front cover or title page: PAGE 15 1 I ~ This document prepared in accordance with the City of Denton's Community Development Block Grant Program, with funding received from the United States Department of Housing and Urban Development. C. All reports, documents, studies, charts, schedules, or other appended documentation to any proposal, content of basic proposal, or Contracts and any responses, inquiries, correspon- dence and related material submitted by CONTRACTOR, shall become the property of the CITY upon receipt. XXIV. FUNDING APPLICATIONS The CONTRACTOR agrees to notify.- the CITY each time the CON- TRACTOR is preparing or submitting any application for funding. The following procedures must be adhered to; A. When the application is in the planning stages, a description of the funds being applied for, and proposed use of funds, must be submitted by the CONTRACTOR to the CITY. B. Upon award of or notice of award, whichever is sooner, the CONTRACTOR shall notify the CITY of such award and the effect, if any, of such funding on the funds and program(s) contracted here- under. Such notice shall be submitted to the CITY, in writing, within ten (10) working days of receipt of the notice of award or funding award by CONTRACTOR, together with copies of the budget, E program description, and contract. C. The CONTRACTOR shall not use funds provided hereunder, f either directly or indirectly, as a contribution, or to prepare applications to obtain any federal or private funds under any federal or private program without the prior orritten consent of the CITY. XXV. CHANGES AND AMENDMENTS A. Any alterations, additions, or deletions to tha terms of this Contract shall be by amendment hereto in writing and executed by both parties hereto, except when the terms of this Contract expressly provide that another method shall be used. B. The CONTRACTOR may not make transfers between or among approved line-items within budget categories of the Budget, Exhibit B, without prior written approval of the CITY. CONTRACTOR PAGE 16 r shall request the budget revision in writing in a form prescribed by the CITY, and such request for revision shall not increase the total monetary obligation of the CITY under this Contract. In addition, budget revisions cannot significantly change the nature, intent, or scope of the program funded under this Contract. C. CONTRACTOR will submit revised budget and program informa- tion, whenever the level of funding for the CONTRACTOR or the program(s) described herein is altered according to the total levels contained in any portion of Exhibit B. D. It is understood and agreed by the parties hereto that changes in the State, Federal or local laws or regulations pursuant hereto may occur during the term of this Contract. Any such modifications are to be automatically incorporated into this Contract without written amendment hereto, and shall become a part of the Contract on the effective date specified by the law or regulation. E. The CITY ray, from time to time during the term of the Contract, request changes in the Work Statement, Exhibit A, which may include an increase or decrease in the amount of the CONTRAC- TOR's compensation. Such changes shall be incorporated in a written amendment hereto, as provided in Subsection A of this Section. F. Any alterations, deletions, or additions to the Contract Budget Detail incorporated in Exhibit B, Budget, shall require the prior written approval of the CITY. c 0. CONTRACTOR agrees to notify the CITY in writing, of any proposed change in physical location for work performed under this Contract at least thirty (30) calendar days in advance of the change. H. CONTRACTOR shall notify the CITY of any changes in personnel or governing board composition. I. It is expressly understood that neither the performance of the Work Statement, Exhibit A, for any program contracted hereunder nor the transfer of funds between or among said r programs will be permitted. f XXVI. SUSPENSION OF FUNDING Upon determination by the CITY of the CONTRACTOR's failure to timely and properly perform each of the raquirements, time PAGE 17 conditions and duties provided herein, the CITY, without limiting any rights it may otherwise have, may at its discretion, and upon ten (10) working days written notice to the CONTRACTOR, withhold further payments to the CONTRACTOR. Such notice may be given by mail to the Executive Officer and the Board of Directors of CONTRACTOR. The notice shall set forth the default or failure alleged, and the action required for cure. The period of such suspension shall be of such duration as is appropriate to accompli?h corrective action, but in no event shall it exceed thirty (30) calendar days. At the end of the suspension period, if the CITY determines the default or deficiency has been satisfied, the CONTRACTOR may be restored to full compliance status and paid all eligible funds withheld or impounded during the suspension period. If, however, the CITY determines that CONTRACTOR has not come into compliance, the provisions of SECTION XXVII may be effectuated. XXVII. TERMINATION A. The CITY may terminate this Contract with cause for'any of the following reasons: (1) CONTRACTOR's failure to attain compliance during any prescribed period of suspension as provided in Section XXVI. (2) CONTRACTOR's violation of covenants, agreements or E guarantees of this Contract. (3) Termination or reduction of funding by the United States Department of Housing and Urban Development. (4) Finding by the CITY that the CONTRACTOR: (a) is in such unsatisfactory financial condition as to endanger performance under this Contract; (b) has allocated Inventory to this Contract substantially exceeding reasonable requirements; (c) is delinquent in payment of taxes, or of costs of performance of this Contract in the ordinary course of business. (S) Appointment of a trustee, receiver or liquidator for all or substantial part of the CONTRACTOR's property, or institution of bankruptcy, reorganization, rearrangement of or liquidation proceedings by or against the CONTRACTOR. PAGE 18 I (6) CONTRACTOR's inability to conform to changes required by Federal, State and local laws and/or regulations as provided in Section IV, and Section XXV.(D), of this Contract. (7) The commission of an act of bankruptcy. (8) CONTRACTOR's violation of any law or regulation to which CONTRACTOR is bound or shall be bound under the terms of the Contract. The CITY shall promptly notify CONTRACTOR in writing of the decision to terminate and the effective date of termination. Simultaneous notice of pending termination maybe made to other funding sources specified in Exhibit B. B. The CITY may terminate this Contract for convenience at any time. If this Contract is terminated by the CITY for convenience, the CONTRACTOR will be paid an amount not to exceed the total of accrued expenditures as of the effective date of termination. In no event will this compensation exceed an amount which bears the same ratio to the total compensation as the services actually performed bears to the total services of the CONTRACTOR covered by the Contract, less payments previously made. C. The CONTRACTOR may terminate this Contract in whole or in part, by written notice to the CITY, if a termination of outside funding occurs upon which the CONTRACTOR depends for performance hereunder. The CONTRACTOR may opt, within the limitations of this Contract, to seek an alternative funding source, with the approval of the CITY, provided the termination by the outside funding source was not occasioned by a breach of contract as defined herein or as defined in a contract between the CONTRACTOR and the funding source in question. The CONTRACTOR may terminate this Contract upon the dissolution of the CONTRACTOR organization not occasioned by a breach of this Contract. D. Upon receipt of notice to terminate, the CONTRACTOR shall cancel, withdraw, or otherwise terminate any outstanding orders or subcontracts which relate to the performance of this Contract. The CITY shall not be liablo to the CONTRACTOR or CONTRACTOR's creditors for any expenses, encumbrances or obligations whatsoever incurred after the termination date. E. Notwithstanding any exercise by the CITY of its right of suspension or termination, CONTRACTOR shall not be relieved of PAGE. 19 I liability to the CITY for damages sustained by the CITY by virtue _ of any breach of the Contract by CONTRACTOR, and the CITY may withhold any reimbursement to the CONTRACTOR until such time as the exact amount of damages due to the CITY from CONTRACTOR is agreed upon or otherwise determined. XXVIII. NOTIFICATION OF ACTION BROUGHT In the event that any claim, demand, suit or other action is made or brought by any person(s), firm, corporation or other entity against the CONTRACTOR, CONTRACTOR shall give written notice thereof to the CITY within two (2) working days after being notified of such claim, demand, suit or other action. Such notice shall state the date and hour of notification of any such claim, demand, suit or other action; the names and addresses of the person(s), firm, corporation or other entity making such claim, or that instituted or threatened to institute any type of action or proceeding; the basis of such claim, action or proceeding; and the name of any person(s) against whom such claim is being made or threatened. Such written notice shall be delivered either personally or by mail. XXIX. MISCELLANEOUS A. CONTRACTOR shall not transfer, pledge or otherwise assign this Contract or any interest therein, or any claim arising thereunder, to any party or parties, bank, trust company or other financial institution without the prior written approval of the CITY. f i B. If any provision of this Contract is held to be invalid, illegal, or unenforceable, the remainder shall remain in full force and effect and continue to conform to the original intent of both parties hereto. XX. HOLD HARMLESS AND INDEMNITY A. It is expressly understood and agreed by both parties hereto that the CITY is contracting with the CONTRACTOR as an independent contractor and that as such, the CONTRACTOR ehall save and hold the CITY, ita officers, agents and emplo;eea harmless from all liability of any nature or kind, including costs and expenses for, or on account of, any claims, audit exceptions, demands, suits or damages of any character whatsoever resulting in whole or in part from the performance or omission of any employee, agent or representative of the CONTRACTOR. PAGE 20 B. CONTRACTOR agrees to provide the defense for, and to indemnify and hold harmless the CITY its agents, employees, or contractors from any and all claims, suits, causes of action, demands, damagas, losses, attorneys fees, expenses, and liability arising out o;° the use of these contracted funds and program administration and implementation except to the extent cause by the willful acc or omission of the CITY, its agents, employees, or contractors. C. In no event shall any payment to the CONTRACTOR hereunder, or any other act or failure of the CITY to insist in any one or more instances up.,n the terms and conditions of this Contract constitute or be construed in any way to be a waiver by the CITY of any breach of covenant or default which may then or subse- quently be committed by the CONTRACTOR. Neither shall such payment, act, or omission in any manner impair or prejudice any right, power, privilege, or remedy available to the CITY to enforce its rights hereunder, which rights, powers, privileges, or remedies are always specifically preserved. No representative or agent of the CITY may waive the effect of this provision. D. This Contract, together with referenced exhibits and attachments, constitutes the entire agreement between the parties hereto, and any prior agreement, assertion, statement, under- standing or other commitment antecedent to this Contract, whether written or oral, shall have no force or effect whatsoever; nor shall any agreement, assertion, statement, understanding, or other commitment occurring during the term of this Contract, or subsequent thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if appropriate, recorded as an addendum to, or amendment of, this Contract. E. In the event any disagreement or dispute should arise between the parties hereto pertaining to the interpretation or meaning of any part of this Contract or its governing rules, codes, lawn, ordinances or regulations, the CITY as the party ultimately responsible to HUD for matters of compliance, will have the final authority to render or to secure an interpretation. F. For purposes of this Contract, all official communications and notices among the parties shall be deemed made if sent postage paid to the parties and address set for below: TO THE CITY: City Manager City of Denton 215 E. McKinney St. Denton, Texas 76201 PAGE 21 t 1 TO THE CONTRACTOR: IN WITNESS OF WHICH this Agreement has been executed on this the day of , 19_ CITY OF DENTON BY: HARRELL V. LLOYD ATTEST: JENNIFER WALTERSO CITY CRETAR APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY I I BY: 1 LEAGUE OF UNITED LATIN AMERICAN CITIZENS f i BY: BOARD i RESIDENT-' ATTEST: 'llA7ET ARY PAGE 22 EXHIBIT "A" WORK STATEMENT English As A Second Language CONTRACTOR will hire an instructor to teach English as a second language to low and/or moderate income students. The instructor shall videotape a total of 50 classes for presentation on the local cable television station. The program is targeted to hispanic persons of low and/or moderate income. The budgeted amount of funds is $26,550. GOALS AND OBJECTIVES GOAL 1: To develop literacy/English as a Second Language lessons to be aired via cable TV. A total of 50 one hour lessons will be developed The lessons will focus on communication and literacy, skills with the content of the lessons being focused on adult level intcreat subject matter (low-level, high interest). The key skills will be selected from already available adult literacy/ESL instructional programs. GOAL 2: To recruit adults to participate in the literacy/ESL cable TV instructional program. During the early planning of the project the staff will actively recruit adults to be students of this program. All possible means of media will be utilized to guarantee successfull participation. Contact persons will be identified to facilitate recruitment efforts and establish a satellite center. Registration forms will be developed to maintain records of adult participants. GOAL 3: To select 10-15 adults to be student participants of the televised classroom instructional program. The student program participants will make up the class in order to provide a real classroom setting. PAGE 23 I M 1 J The students' learning will be closely monitered and evaluated. GOAL 4: 7o develop and maintain a Student Hot Line to provide individual assistance for questions and assignments. The purpose of this Student Hot Line is to provide the support necessary for students to feel successful and continue to learn. The project staff and volunteers will disseminate the information on the Student Hot Line and how to use it on the first day of class availability. GOAL 5: To provide English language literacy instruction via cable TV for adults in Denton. The project will be designed to provide English literacy instruction and individualized help to residents in Denton. This program design which incorporates a combination of delivery systems, is an effort to overcome barriers that traditionally prevent functionally illiterate j adult participation in traditional adult education I programs. E i f i I I PAGE 24 i I EXHIBIT "B" "English As a Second Language" Program Budget i Director/Instructor $ 90100.00 Clerical Assistant 19500.00 Production Costs 100000.00 Office Supplies 3,200.00 Books 2,750.00 TOTAL $26,550.00 j 3 j E i PAGE 25 1 i I 7 ,NONNI • i I)ATElDecember 13, 1988, Cli'Y COUNCIL REPORT FORMAT I' i ! I TO- Mayor and Members of the City Council FROM- Lloyd V. Harrell, City Manager SUBJECT- Appro/al of a contract with the League pt United Latin American Citizens in the amount of 'jC1,C15 1 to provide Counseling to "at rise-:" students and their families and to match students with arailo- ble scholarships RECOMMENDATION, The Community Development Block Grant Committee and the Human Resources Committee recom;nend approval, SUMMARY: CDBG funds were requested by LULAC during the spring of 1988. The request was subsequent Iy~cip,proved by City Council through the Final Statement of Objectives and Projected Use of i' F,,nds submitted to the Departrent of HouSin9 and Urban Develop- ment in June- 1988, PROGRAMS ARTh t1 l Olt GROUP, AFFECTED_ The Community Development Staff will r federal requirements and programs progres.~.ssr for co mpiiance with i I Program will be funded entirely with uDBG tmonie- Res full s tte - i o ~ acre city Manager j P red by-~ 49 ar era oss Community Development Coordinator Approved, Executive Director 1 for planning and Development i i 2578L NO. AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON COUNTY LEAGUE OF UNITED LATIN AMERICAN CITIZENS COUNCIL NO. 04366; AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT ENTITLED "EDUCATIONAL ASSISTANCE PROGRAM", APPROVING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE.. WHEREAS, the City Council has determined that it is in the best interest of the citizens of the City to provide public funds to The Denton County League of United Latin American Citizens Council No. 04366, in consideration of the valuable public services to be furnished by said organization to the City of Denton in accordance with the "Agreement" attached hereto; NOW9 THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION I. That the City Council hereby approves the "Agreement" at ached hereto, between the City of Denton and The Denton County League of United Latin American Citizens Council No. 04366, and authorizes the Mayor to execute said agreement. SECTION II. That the City Council authorizes the expenditure of funds in t e manner and amount as specified in the Agreement. SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1988. i RAY STEP ENS, MAYOR ATTEST: ENNIFER W TER , CI 3ECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: i 2568L THE STATE OF TEXAS § AG D THE DENTON COUNTY REEMENT BETWEEN THE CITY OF DENTON _ COUNTY OF DENTON § LATIN AMERICAN CITIZENS COUNCIL OF UNITED NO. 04366 This Contract and agreement is made and entered into by and between the City of Denton, a Texas Municipal Corp,iration, acting by and through its City Manager, pursuant to Ordinnce dated ounty League o ,UnitediLatinr Americand Citizenn sC C u9ncil #04366, hereinafter referred to as CONTRACTOR. WHEREAS, the CITY has received certain funds from the U.S. Department of Housing and Urban development under Title I of the Housing and Community Development Act of 1974, as amended, and; WHEREAS, the CITY has adopted a budget for such funds and included therein an authorized budget for expenditure of funds for the project entitled: Educational Assistance Program, and; DepartmentSasttheCdepartment eresp responsible the Community mthe i Development of this contract 4nd all matters pertaining thereto, and; WHEREAS, the CITY wishes to engage the CONTRACTOR to carry out such project; NOW THEREFORE: The parties hereto severally and collectively agree, and by the execution hereof are bound to the mutual obligations and to the performance and accomplishment of the tasks hereinafter described. I. TERM This Contract and agreement shall commence on or as of December 15, 1988, and shall terminate on June 14, 1990, unless extended by mutual agteement. 11. RESPONSIBILITIES The performance of alllRserhereby vices and eactivitles, in a responsibility and efficient manner as determined by the CITY, in accordance with the terms herein. The CITY will consider the CONTRACTOR'S executive officer to be the CONTRACTOR's representative responsible for the management of all contractual matters i pertaining hereto, unless written notification to the contrary is received from the CONTRACTOR, and approved by the CITY. The Director of Community Development, or his/i+ur designated representative, will be the CITY's representative responsible for the administration of this contract. III. CITY'S OBLIGATION A. Limit of Liability. In consideration, the CITY will reimburse CONTRACTOR for expenses incurred pursuant hereto in accordance with the project budget included as a part of EKiIBIT P. Notwithstanding any other provision of the Contract, the total of all payments and other obligations made or incurred by the CITY hereunder shall not exceed the sum of $21,215.00. B. Measure of Liability. In consideration of full and satisfactory services and activities hereunder by CONTRACTOR, the CITY shall make payments to CONTRACTOR based on the Budget attached hereto and incorporated herein for all purposes as EXHIBIT B, subject to the limitations and provisions set forth in this Section and Section VIII of this Contract. (1) It is expressly understood and agreed by the parties hereto, that the CITY's obligations under this Section are contingent upon the actual receipt of adequate Community Development Block Grant (CDBG) funds to meet the CITY's liabilities under this Contract. If adequate funds are not available to make payments under this Contract, the CITY shall notify CONTRACTOR in writing within a reasonable time after such fact has been determined. The CITY may, at its option, either reduce the amount of its liability, as specified in Subsection A of this Section or terminate the Contract. If CDBG funds eligible for use for purposes of this Contract are reduced, the CITY shall not be liable for further payments due to CONTRACTOR under this Contract. (2) It is expressly understood that this Contract in no way obligates the General Fund or any other monies or credits of the City of Denton. (3) The CITY shall not be liable for any cost or PORTION thereof which: (a) has been paid, reimbursed or is subject to payment or reimbursement, from any other source; PAGE 2 . I or after (b) was incurred ate prior specified in Section I; the ending d (c) is not in strict accordance with the terms of this Contract, including all exhibits attached hereto; (d) has not been billed to the CITY within thirty (30) calendar days following billing to the CONTRACTOR, or termination of the Contract, whichever is earlier; (e) is not an allowable cost as of this Contract or the pr jectrbudget,Section (4) The CITY shall not be liable for any cost or portion thereof which is incurred with respect to any activity of the CONTRACTOR requiring prior written authorization from the CITY, or after the CITY has requested that the CONTRACTOR furnish data concerning such action prior to proceeding further, unless and until the CONTRACTOR is therefore advised by the CITY to proceed. (5) The CITY shall not be obligated or liable under payment his Cont act to any party other than the CONTRACTOR for any monies or provision of any goods or services. IV. COMPLIANCE WITH FEDERAL, STATE and LOCAL LAWS A. The CONTRACTOR understands that funds provided to it pursuant to this Contract and agreement are funds which have been made available to the CITY by the Federal Government (U.S. Depart- ment of Housing and Urban Development) under the Housing and Community Development Act of 1974, as amended, in accordance with an approved Gant Application and specific assurances. Accord- ingly, the CONTRACTOR assures and certifies that it will comply with the requirements of the Housing and Community Development Act of 1914 (P.L. 93-383) as amended and with regulations ppromulgated thereunder, and codified at 24 CFR, which in no way is meant to constitute a complete compilation of all duties imposed upon the CONTRACTOR by law or administrative ruling, or to narrow the standards which the CONTRACTOR must follow. The CONTRACTOR further assures and certifies that if the regulations and issuances promulgated pursuant to the Act are amended or revised, it shall comply with them, or notify tbG CITY, as provided in Section XXV. of this Contract. 8. The CONTRACTOR shall comply with all applicable laws, ordinances and codes of the Stata of Texas and the City of Denton. PAGE 3 1 I V V. REPRESENTATIONS I A. The CONTRACTOR assures a to any guarantees proper, that it possesasend the le al authority, pursuan k rfficiai motion, resolution or action passed or to en, to enter into this Contract. B. The person or persons signing and executing this Contract ` on behalf of the CONTRACTOR, do hereby warrant and guarantee that he/she, or they, have been fully authorized by the CONTRACTOR to execute this Contract on behalf of the CONTRACTORand to lidly and legally bind the CONTRACTOR to all terms, performances and provisions herein set forth. C. The CITY shall have the right, at its option, to either i temporarily suspend or permanently terminate this contract if there is a dispute as to the legal authority of either the CONTRACTOR or the person signing the Contract to enter into this Contract. The CONTRACTOR is liable to the CITY for any money it has received from the CITY for performance of the provisions of this Contract if the CITY has suspended or terminated this. Contract for the reasons enumerated in this Section. D. The CONTRACTOR agrees that the funds and resources provided the CONTRACTOR under the terms of this Contract will in no way be substituted for funds and resources from other sources, nor in any benefits which y woserve to uld have been avthe ailable resources, or services, provided through, the CONTRACTOR had this Contract not been executed. VI. PERFORMANCE BY CONTRACTOR The CONTRACTOR will provide, oversee, administer, and carry out all of the activities and services set out in the Work Statement, attached hereto and incorporated herein for all r rposea as Exhibit A, utilizing the funds described in I Exhibit B, attached hereto and incorporated herein for all purposes and deemed by both parties to be necessary and sufficient payment for full and Satisfactory performance of the all program, other as determined solely terms, provisions and requirements of this Contract with the CITY and in accordance (1) No modifications or alterations may be made in the WORK STATEMENT without the prior written approval of the City's Director of Community Development Office, or his/her Authorized re presentative. I PAGE 4 i I i j 1 -T 1. I 1r~ 1 1 V VII. PAYMENTS TO CONTRACTOR i A. The CONTRACTOR must maintain a separate numbered account for the receipt and disbursement of all funds received under this - Contract and any program income resulting therefrom. The CONTRACTOR further agrees that: (1) Such account shall contain only the funds received pursuant to this Contract and that no other funds shall be mingled with funds in such account, except funds deemed to be program income as defined in Section XIV of this Contract. costs under this Contract. documentation checks account CONTRACTOR itemized support Upon the CONTRACTOR's written request and solely within the discretion of the CITY, an alternative accounting mechanism may be permitted, provided such alternative adheres at all times to generally accepted accounting principles, (2) Said account shall be maintained, under conditions approved by the CITY, in a financial institution, with federal-the federal deposit cinsuranceecoverage, shall be collaterally cured. and the balance, if any, B. Method of Payment. (a) Payment by the City for services provided hereunder shall be made as follows: I no more than 5,303.75 on or before Januarq 1, 1989 no more than $5,303.75 on or before April y, 1989 1989 no more than no more than $5,303.75 on or before October 194 1 ~ (b) The use of the funds provided for in Section A shall be as follows: Percentage of Total Funds to be Expended by Contractor By February 1, 1989 10 25 I, By May 1, 1989 I By August 1, 1989 75 By October 1, 1989 t75 By June 14, 1990 All funds must be expended in 18 months. PAGE 5 i I 1 1 C. Excess Payment. CONTRACTOR shall refund to the CITY within ten working days of the C1TY't: request, any sum of money which has been paid by the CITY and which the CITY at any time thereafter determines: - (1) has resulted in overpayment to CONTRACTOR: or, (2) has not been spent strictly in accordance with the terms of this Contract; or (3) is not supported by adequate documentation to fully justify the expenditure. D. Disallowed Costs. Upon termination of the Contract, should any expense or c arge for which payment has been made be subsequently disallowed or disapproved as a result of any auditing or monitoring by the CITY, the Department of Housing and f Urban Development, or any other Federal agency, the CONTRACTOR will refund such amount to the CITY within ten (10) working days of written notice to CONTRACTOR, specifying the amount disallowed. Refunds of disallowed costs may not be made from these or, any other funds received from or through the CITY. E. Deobligation of Funds. In the event that actual expenditure rates ovate from CONTRACTOR's provision of & corresponding level of performance, as specified in Exhibit A, the CITY hereby reserves the right to reappropriate or recapture any such under-expended funds. F. Contract Close Out. The Contract close out package j together with a na expenditure report, for the time period covered by the last invoice requesting reimbursement of funds under this Contract, shall be submitted by the CONTRACTOR to the CITY wi°:hin fifteen (15) working days following the close of this Contract. period utilizing the form agreed upon by the CITY and CONTRACTOR. At the termination of the Contract, all unclaimed (30 ddvs or older) salaries or wages must be returned to the CITY in th4 following format: (1) A cashier's check for the net aggregate amount payable to the City of Denton; (2) A listing showing the Social Security number, full E name, last know complete address and the amount owed to each person involved. PAGE 6 1 V VIII. OWNERSHIP OF PROPERTY All equipment must be purchased by the CITY's Purchasing Department through the Community Development Office. Equipment or major non-recurring expenses ($200.00 or more) may not be ` purchased without written consent of the CITY during the last I four months of this Contract. Ownership title to all capital acquisitions, supplies, materials or any other property purchased with funds received under this Contract and in accordance with the provisions of the Contract, is vested with the CITY, and possession of such property shall, upon termination of the Contract, revert to the CITY, unless otherwise provided for by the CITY in writing. Written notification must be received by the CITY within five (5) calendar days of delivery of non-expendable property in order for the CITY to effect identification and recording for inventory purposes. The CONTRACTOR shall maintain adequate accountability and control over such property, shall maintain adequate property records, and perform an annual physical inventory. IX. WARRANTIES The CONTRACTOR represents and warrants that: A. All information, reports and data heretofore or hereafter requested by the CITY and furnished to the MY, le complete and I accurate as of the date shown on the inforQa.,on, data, or report, and since that date have not undergone ny significant change without written notice to the CITY. I ~ B. Any supporting financial statements heretofore requested by the CITY and furnished to the CITY, are complete, accurate and fairly reflect the financial condition of the CONTRACTOR on the date shown on said report, and the results of the operation for the period covered by the report, and that since said date, there has been no material change, adverse or otherwise, in the 1 financial condition of the CONTRACTOR. f C. No litigation or proceedings are presently lending or threatened against the CONTRACTOR. D. None of the provisions herein contravenes or is in conflict with the authority under which the CONTRACTOR is doing business or with the provisions of any existing indenture or agreement of the CONTRACTOR. PAGE 7 i I ~ r V E. The CONTRACTOR has the power to enter into this Contract and accept payments hereunder, and has taken all necessary action to authorize such acceptance under the terms and conditions of this Contract. F. None of the assets of the CONTRACTOR is subject to any lien or encumbrance of any character, except for current taxes not delinquent, except as shown in the financial statements ` furnished by the CONTRACTOR to the City. I Each of these representations and warranties shall be continuing and shall be deemed to have been repeated by the submission of each request for payment X. COVENANTS During the period of time that payment may be made hereunder and so long as any payments remain unliquidated, the CONTRACTOR shall not, without the prior written consent of the Executive Director of Planning and Development or his/her authorized. representative: A. Mortgage, pledge, or otherwise encumber or suffer to be encumbered, any of the assets of the CONTRACTOR now owned or here- after acqured by it, or permit any pre-existing mortgages, liens or other encumbrances to remain on, or attached to, any assets 01 the CONTRACTOR which are allocated to the performance of this Con- I tract and with respect to which the U TY has ownership hereunder. i B. Sell, assign, pledge, transfer or otherwise dispose of accounts receivables, notes or claims for money due or to become due. C. Sell, convey, or lease all or substantial part of its assets. D. Make any advance or loan to, or incur any liability for any other firm, person, entity or corporation as guarantor, f, surety, or accommodation endorser. i X1. ALLOWABLE COSTS A. Coate shall be considered allowable only if incurred directly specifically in the performance of and in compliance with this Contract and in conformance with the standards and provisions of Exhibits A, and B. PAGE 8 h B. Approval of CONTRACTOR's budget, Exhibit B, does not constitute prior written ap?roval, even though certain items may appear herein. The City s prior written authorization is required in order for the following to be considered allowable costs: (1) Encumbrance or expenditure during any one month period which e)ceeda one-twelfth (1/12) of any budgeted line items for personnel costs as specified in Exhibit B. (2) Any Sub-contracts. (a) The City shall not be obligated to any third parties (including any subcontractors of the CONTRACTOR) and CITY funds shall not be used to pay for any contract service extending beyond the expiration of this Contract. (3) Out of town travel. (4) Any alterations or relocation of the facilities on and in which the activities specified in Exhibit A are conducted. (5) Any alterations, deletions or additions to th( Personnel Schedule incorporated in Exhibit B. (6) Costs or fees for temporary employees or services. (1) Any fees or payments for consultant services. (S) Fees for attending out of town meetings, seminar+ or conferences. Written requests for prior approval are the CONTRA(TOR's responsibility and shall be made within sufficient time to permit a thorough review by the CITY. Written approval by the CV Y must be obtained prior to the commencement of procedures to sol,cit or purchase services, equipment, or real or personal property. Any procurement or purchase which may be approved under the terms of this Contract must be conducted in its entirety in a:cordance with the provisions of this Contract. XII. PROGRAM INCOME v A. For purposes of this Contract, program ncome means earnin Contract CorTfrom 0theeCONTRACTOR's ma aigem,nt of funding provided or received hereunder. Such earnings in.lude, but are PAGE 9 i i not limited to, income from interest, usage or rental/lease fees, income produced from contract-supported services of individuals or employees or from the use of equipment or fa^.ilities of CONTRACTOR provided as a result of this Contract, and payments from clients or third parties for services rendered by CONTRACTOR under this Contract. B. On a monthly basis, CONTRACTOR shall report and return to the CITY, all program income received or accrued during the pre- ceding month. Alternative arrangements to this requirement may be made upon written request to, and written approval by the CITY. C. Records of the receipt and disposition of program income must be maintained by the CONTRACTOR in the same manner as required for other Contract funds, and reported to the CITY in the format prescribed by the CITY. D. The CONTRACTOR shall include this Section in its entirety in all of its sub-contracts which involve other income-producing services or activities. E. It is the CONTRACTOR'S responsibility to obtain from the, CITY a prior determination as to whether or not income arising directly or indirectly from this Contract, or the performance thereof, constitutes program income. The CONTRACTOR is respon- sible to the CITY for the repayment of any and all amounts determined by the CITY to be program income, unless otherwise approved in writing by the CITY. i XIII. MAINTENANCE OF RECORDS A. The CONTRACTOR agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the status of the funds received under this Contract, in compliance with the j provisions of Exhibit B, attached hereto, and with any other applicable Federal and State regulations establishing standards for financial management. CONTRACTOR's record system shall con- tain sufficient documentation to provide in detail full support and justification for each expenditure. Nothing in this Section shall be construed to relieve the CONTRACTOR of fiscal account- ability and liability under any other provision of this Contract or any applicable law. The CONTRACTOR shall include the substance of this provision in all subcontracts. B. The CONTRACTOR agrees to retain all books, records, docu- ments reports, and written accounting policies and procedures pertaining to the operation of programs and expenditures of funds PAGE 10 h under this Contract for the period of time and under the condi- tions specified by the CITY. C. Nothing in the above subsections shall be construed to relieve the CONTRACTOR of responsibility for retaining accurate and current records which clearly reflect the level and benefit of servicee provided under this Contract. D. At any reasonable time and as often as the CITY may deem necessary, the CONTRACTOR shall make available to the CITY, HUD, or any of their authorized representatives, all of its records and shall permit the CITY, HUD, or any of their authorized representatives to audit, examine, make excerpts and copies of such records, and to conduct audits of all contracts, invoices, materials, payrolls, records of personnel, conditions or employment and all other data requested by said representatives. XIV. REPORTS AND INFORMATION At such times and in such form as the CITY may require, the CONTRACTOR shall furnish such statements, recordn, data and information as the CITY may request and deem pertinent to matters covered by this Contract. Regular performance reports, shall be submitted to the CITY by the CONTRACTOR no later than once each three months, commencing February 1, 1989. The performance report shall detail client information, including names, addresses, race, income and other such statistics required by CITY. The CONTRACTOR agrees to gather information and data relative to all programmatic and financial reporting as of the beginning date specified in Section 11 and furnish to CITY quarterly of all income received and funds expended. XV. MONITORING AND EVALUATION i A. The CITY shall perform on-site monitoring of CONTRACTOR's performance under this Contract. B. The CONTRACTOR agrees that the CITY may carry out moni- toring and evaluation activities to ensure adherence by the CONTRACTOR to the Work Statement, and Program Goals and Obiectives, which are attached hereto as Exhibit A, as well as other provisions of this Contract. ' i PAGE 11 i 1 I `N f I with the CITY in "Oorate full C. The CONTRACTOR gres to andpmaiotenance. Of record-keeping the necessary the development, implementation yst ms and t provide data determined Iits monitori1ngtandeevaluation for the CITY to effectively fu responsibilities. D. The CONTRACTOR agrees to cooperate in such a way so senate onobruits rstaffy toe cCITY oordinatechthenimonitoring tprocess as one of requested by CITY staff. E. After each ofiictal monitoring visit, the CITY ishall n~ingso- vide the CONTRACTOR with a written report of monitoring F. Copies of any fiscal, management, or audit reports by any of the CONTRACTOR's funding or regulatory bodies will be sub- mitted to the CITY within five (5) working days of receipt by the CONTRACTOR. f XVI. DI'RECTORS' 14EETINGS During the term of this Contract, the CONTRACTOR shall cause to be delivered to the CITY copies of all notices of m eetnge ff place its Board of Directors, setting forth the time and Sgive anoti d quote anll be otice aeandeshall i cludeYannagendaeand aanbrief description of the matters to be discussed. CONTRACTOR under- 8oard of Directorsepmeetingeives shall be afforded stands f access to all agrees Minutes of all meetings of the CONTRACTOR's governing body shall be submitted to the CITY within ten (10) working days of approval. XVII. INSURANCE A. The CONTRACTOR shall observe sound business practices with prjects under n insCurance would provide respect t coverage providing for such bonding adequate B. The premises on And in which the activities dese plyein the work Statement, Exhibit A, shall n u tec' and the ployes conducting these activities, be red by se liability insurance, commonly referred to as Owner/Tenant" coverage with the CITY named as an additional insured. Upon PAGE 12 i request of the CONTRACTOR, the CITY may, at is sole discretion, approve alternate insurance coverage arrangements. C. The CONTRACTOR will comply with applicable workers' compen- sation statutes and will obtain employers' liability coverage where available and other appropriate liability coverage for program participants, if applicable. D. All non-expendable property acquired under the provisions of this Contract must be adequately insured against fire, theft, and loss, with the CITY named as co-insured. E. The CONTRACTOR will maintain adequate and continuous liability insurance on all vehicles owned, leased or operated by the CONTRACTOR. All employees of the CONTRACTOR who drive a vehicle in the normal scope and course of their employment must possess a valid Texas drivers' license and liability insurance. Evidence of the employee's current posses3ion of a valid license and insurance must be maintained on a current basis in the CONTRACTOR's files. F. Actual losses not covered by insurance at required by this Se.tion are not allowable costs under this Contract, and remain the sole responsibility of the CONTRACTOR. XVIII EQUAL OPPORTUNITY A. All CONTRACTORS receiving funding in excess of $10,000 wi'.l submit for CITY approval, a written plan for compliance with the Equal Employment aid Affirmative Action Federal provisions, within thirty (30) days cf the effective date of this Contract. i B. All CONTRACTORS shell comply with all applicable equal employment opportunity and affirmative action laws or rogulatf.ons. C. The CONTRACTOR or SUBCONTRACTOR will furnish all information and reports requested by the CITY, snd will permit a:cess to its books, records, and accounts for purposes of investigation to ascertain compliance with local, state and Federal rules and regulations. D. In the event of the CONTRACTOR's or SUBCONTRACTOR's non-compliance with the non-discrimination requirements, the Contract may be cancelled, terminated, or suspended in whole or in part, and the CONTRACTOR or SUBCONTRACTOR may be barred iron M further contracs:o with the CITY. I I PACE 13 i XIX PERSONNEL POLICIES Personnel policies shall be established by the CONTRACTOR and shall be available for examination. Such persounel policies shall: A. Be no more liberal than the CITY's personnel policies, pro- cedures, and practices, including policies with respect to eLploy- ment, salary and wage rates, working hours and holidays, fringe benefits, vacation and sick leave privileges, and travel; and B. Be in writing and shall be approved by the governing body of the CONTRACTOR and by the CITY. XX. CONFLICT OF INTEREST A. The CONTRACTOR covenants that neither it nor any member of its governing body preser;tly has any interest, direct or indirect, which would conflict in e..ny ~,anner or degree with the performance of services required to 'be performed under this Contract. The CONTRACTOR further covenants that in the performance of this Contract, no person having such interest shall be employed or ap %linted as a member of its governing body. B. The CONTRACTOR further covenants that no member of its governing body or its staff, subco,itractora or employees shall possess any interest in or ube his position for a purpose that is or gives the appearance of being motivated by desire for private gain for himself, or others; particularly those with which he has family, business, or other ties. C. No officer, member, or employee of the CITY and no member of its governing body who exercises any function or responsibil- ities in the review or approval of the undertaking or carrying out of this Contract shall (1) participate in any decision relating to the Contract which affects his personal interest or the interest in any corporation, partnership, or association in which he has direct or indirect interest; or (2) have any interest, direct or indirect, in this Contract or the proceeds thereof. XXI. NEPOTISM CONTRACTOR shall not employ in any paid capacity, any person who is a member of the immediate family of any person who is PACE 14 i currently employed by CONTRACTOR, or is a member of CONTRACTOR's famil wife, n husband, 011 The daterm ughter, m"member mother imfather, brother includes: sister, in-laws, aunt, uncle, nephew, niece, step-parent, step-child, half-brother and half-sister. XXII. POLITICAL OR SECRETARIAL ACTIVI'T'Y A. None of the performance renderej hereunder shall involve, and no portion of the funds received by the CONTRACTOR hereunder shall be used, either i not directly dto eCany, a,ctivity for anyt olitc the election activity on (including, or de or defeat of any candidate for public office) or any l activity undertaken to influence the passage, defeat or fina content of legislation. H. None of the performance rendered hereunder shall involve, and no portion of the funds received directly CONTRACTOR hereunder shall be used for or applied or indirectly to the construction, operation, maintenance or administration, or be to in any manner any sectarian or utilized so as religious facility or activity. XXIII. PUBLICITY A. Where such action is appropriate, as determined by and upon written approval of the CITY, the CONTRACTOR shall publicize the activities conducted In medium ei n, brochure,,oorTothernadvertisingn any news release, g the II disseminating information prepared or distributed by or for CONTRACTOR, mention shall be made of the U.S. Department of Housing and Urban Development funding through the City of Denton having made the project possible. S. All published material and Written reports submitted under this project must be ong finally developedctmaterialmatless otherwise specifically dries includedh in aContra report, it shall have not originally devolope the source identified This identification may b in thewbodytof the report or by footnote. This provision is applicable material is in a verbatim or extensive paraphrase format. All published material submitted under this project shall include the following reference on the front cover or title page. PAGE 15 E I r This document prepared in accordance with the City of Denton's Community Development Block Grant Program, with funding received from the United States Department of Housing and Urban Development. C. All reports, documents, studies, charts, schedules, or other appended documentation to any proposal, content of basic proposal, or Contracts and any responses, inquiries, correspon- dence and related material submitted by CONTRACTOR, shall become the property of the CITY upon receipt. XXIV. FUNDING APPLICATIONS I the CON- The CONTRACTOR agrees to notify the CITY each tifor me funding. TRACTOR is preparing or submitting any application The following procedures must be adhered to: A. When the ap lication is in the planning stages, a description of the funds being applie.l for, and proposed,uge of funds, must be submitted by the CONTRACTOR to the CITY. B. Upon award of or notice of award, whichever is sooner, the CONTRACTOR shall notify the CITY of such award and the effect, if any, of such funding on the funds and program(s) contracted here- under. Such notice shall be submitted to the CITY, in writing, within ten (10) working days of receipt of the notice of award or funding award by CONTRACTOR, together with copies of the budget, program description, and contract. C. The CONTRACTOR shall not use funds provided hereunder, either directly or indirectly, as a contribution, or to prepare applications to obtain any federal or private funds under any federal or private program without the prior ,written consent of the CITY. XXV. CHANGES AND AMENDMENTS A. Any alterations, additions, or deletions to the terms of this Contract shall be by amendment hereto in writing and executed by both parties hereto, except when the terms of this Contract expressly provide that another method shall be used. B. The CONTRACTOR may not make transfers between or among approved line-items within budget categories of the Budget, Exhibit B, without prior written approval of the CITY. CONTRACTOR PAGE 16 shall request the budget revision in writing in a form prescribed by the CITY, and such request for revision shall not increase the total monetary obligation of the CITY under this Contract. In under t this change Contract,nature, the o program cannot funded significantly addition, intent, or budget scope of revisions i C. CONTRACTOR Othei level submit o of funding budget thers CONTRACTORi or rthe pion, whe in anyeportionsoflExhibit a6cording to the tote levels contained described D. It is undorstood and agreed by the parties hereto that changes in the State, Federal or local laws or regulations pursuant hereto may occur during the term of this Contract such modifications are to be automatically incorporated into this Contract without written amendment hereto, and shall become a part of the Contract on the effective date specified by the law or regulation. E. The CITY may, from time to time during the A, o which Contract, request changes in the Work Statement, may include an increase or decrease in the amount of the CONTRAC- written oamendmentnhereto,t as changs SubsectionrAeof in Section. F. Any alterations, deletions, or addi Btions Contract Budget Detail incorporated in Exhibit B, Bet the prior written approval of the CITY. G. CONTRACTOR agrees to notify the CITY in writing, of any proposed change in physical location for work performed under I this Contract at least thirty (30) calendar days in advance of the change. { H. CONTRACTOR shall notify the CI'T'Y of any changes in personnel or governing board composition. I. It is expressly understood that neither the performance of the Work Statement, Exhibit A, for any program contracted hereunder nor the transfer of funds between or among said programs will be permitted. XXVI. SUSPENSION OF FUNDING Upon determination by the CITY of the CONTRACTOR's failure to timely and properly perform each of the requirements, time PAGE 17 r V conditions and duties provided herein, the CITY, without limiting an ri s it ten (i )tworkingydays written av notice to the CONTRACTOR, withhold further payments to the CONTRACTOR. Such notice may be given by mail to CONTRACTOR. a The Executive shall rs t dforthe th tiierdefault i or Directors alleged, and the action required for cure. The period of such suspension shall be of such duration as is appropriate to accomplish corrective action, but in no event shall it exceed thirty (30) calendar days. At the end of the suspension period, if the CIZY determines the default or deficiency has been satisfied, the CONTRACTOR may be restored to full compliance status and paid all eligible funds withheld or impounded during the suspension period. If, however, the CITY determines that CONTRACTOR has not come into compliance, the provisions of SECTION XXVII may be effectuated. XXVII. TERMINATION A. The CITY may terminate this Contract with cause for any of the following reasons: (1) CONTRACTOR's failure to attain compliance during any prescribed period of suspension as provided in section XXVI. (2) CONTRACTOR's violation of covenants, agreements or guarantees of this Contract. (3) Termination or reduction of funding by the United States Department of Housing and Urban Development. I (4) Finding by the CITY that the CONTRACTOR: (a) is in such unsatisfactory financial condition as to endanger performance under this Contract; (b) has allocated inventory to thin Contract substantially exceeding reasonable requirements; (c) is delinquent in pay:aent of taxes, or of costs of performance of this Contract in the ordinary course of business. r (S) Appointment of a trustee, receiver or liquidator for all or substantial i of or of bankruptcy, reor tanization,,, Crearrangement tyo liquidation proceedings by or against the CONTRACTOR. PAGE 18 i I i V es required to conform ulgtiona gas provided (6) CONTRACTOR s inability I al laws r y Federal, state Section XXV (D),BOf/-yhiseContract. in Section 1V, and (7) The commission of an act of any la cyor regulation to (S) CONrMCTOR's violation of any I which CONTRACTOR is bound or shall be bound under the terms of F the Contracts wri ` shall promptly not 11 CONTRACTOR in ting o 1 The CITY ective date of terminal On maybe made to Other the decision to terminatep and endin g ttheeofrmination ncea specified in Exhibit B. funding sour for B. The CITY may terminate this Contract convenience at ' any times the CITY for convenience, if this Contract is terminated by In the CONTRACTOR will be paid an amount not to exceed the total of accrued expenditures as Of exceed an date whi h abaci the effective no event will this compensation ncompensation as the services actual ly, same ratio to the total comps reviously made. performed bears tothements p rvices of the CONTRACTOR covered 6y the Contract, less pay C. The CONTRACTOR may terminate this a termination Of out side ,on which the CONTRACTOR depends for performance part, by written notice to the CI?Y, within the limitations funding occurieuP~ONCTOR may Opt' funding source, with the herein or. to seek an alternative by the outside this Contract, provided the termination as approval of the CITY, a breach of contract finding source was not occasioned by 1 de a ned herein or was de i~ne~desCfo contract between the CONTRACTOR and the funding source q n the this Contract uP° a 1 The CONTRACTOR may terminate Organization not occasioned by dissolu Of the CN ti Ot breach this Contra Oct' the CONTRACTOR shall D. Upon receipt of notice to terminate, outstanding orders or otherwise term the any erformance of this cancels withdraw, which relate to to the ;TOR or or subcontracts not ncumbrances or Contract. The C17 Y shallfor any 1e penses, e CON 'S creditor CON TRACTORs obligations whatsoever incurred after th the rCITYtlof itseright of ann exercise by not be relieved of Ewiorsterminetio, CONTRACTOR shall suspension PAGE 19 1 F liability to the CITY for damages sustained by the CITY by virtue of any breach of the Contract by CONTRACTOR, and the CITY may est dueheto Othe~CITY until COsuch time as NTRACTOR is exact a a amount reimbursement the WiLhhold agreed upon or otherwise determined, XXVIII. NOTIFICATION OF ACTION BROUGHT In the event that any claim, demand, u her ac io is made or brought by any person(s), firm, coopo"ot or r entity against th3 CONTRACTOR, CONTRACTOR shal'. give written notice thereof to the CITY within two (2) work.ng days after being notified of such claim, demand, suit or other action. Such notice shall state the date and hour of notification of any such claim, demand, so or totherm es an~ amakingesuch the person(s), firm, corporation claim, or that instituted , the basis ened to of such s claim, 8 a tione or action or Proceeding-, ainst whom such claim proceedings; and the name of any person(s) ag by mail, made or written notice shall be delivere d either personall y or theateneO. Such XXIX. MISCELLANEOUS A. CONTRACTOR shall not transfer, pledge c,r of a imeaassign this Contract or any interest therein, or any the spriorkwritten approval or other financial thereunder institutions orthoupartie CITY. B. If any provision of this Contract is held to be invalid illegal, or unenforceable the remainder Fhall remain in ful{ force and effect and continue to conform to the original intent of both parties hereto. XXXI HOLD HARMLESS AND INDEMNITY A. It is expressly understood and agreed by both parties hereto that the CITY is contracting with the CONTRACTOR as an independent contractor and thst as such, theCONaTRdACTOR shall save and hold the CITY, its officers, agents employees harmless from all liability of any nature or kind, including costs and expenses for, or on account of, any claimst audit exceptions, demands, suite or damages of any character whatsoever CONTRACTOR omission of whole res or representative pertheformance aanyultin in PAGE 20 I B. CONTRACTOR agrees to provide the defense for, and to indemnify and hold harmless the CITY its agents, employees, or E contractors from any and all claims, suits, causes of action, demands, damages, losses, attorneys fees, expenses, and liability arising out of the use of these contracted funds and program administration and implementation except to the extent cause by the willful act or omission of the CITY, its agents, employees, cr contractors. C. In no event shall any payment to the CONTRACTOR hereunder, or any other act or failure of the CITY to insist in any one or more instances upon the terms and conditions of this Contract constitute or be construed in any way to be a waiver by the CITY of any breach of covenant or default which may then or subse- quently be committed by the CONTRACTOR. Neither shall such payment, act, or omission in any manner impair or prejudice any right, ower, privilege, or remedy available to the CITY to enforce pot's' its rights hereunder, which rights, powers, privileges, or remedies are always specifically reserved. No representative or agent of the CITY may waive the efPfcct of this provision. D. This Contract, together with referenced exhibits and attachments, constitutes the entire agreement between the parties hereto, and any prior agreement, assertion, statement, under- standing or other commitment antecedent to this Contract, whether written or oral, shall have no force or effect whatsoever; nor shall any agreement, assertion, statement, understanding, or other commitment occurring during the term of this Contract, or subsequent thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if appropriate, recorded as an addendum to, or amendment of, this Contract. E. In the event any disagreement or dispute should arise between, the parties hereto tainin to meaning of any part of thise Co tract or the igoverningtrules, codes, laws, ordinances or regulations, the CITY as the party ultimately responsible to HUD for matters of compliance, will have the final authority to render or to secure an interpretation. F. For purposes of this Contract, all official communications and notices aniong the parties shall be deemed made if sent postage paid to the parties and address set for below: TO THE CITY: i City Manager City of Denton 215 E. McKinney St. Denton, Texas 76201 PAGE 21 • f t TO THE CONTRACTOR; i IN WITNESS OF WHIGt this Agreement has been executed on this the day of CITY OF DENTON BY : LLOYD ATTEST: JENNIFER WALTMTO-aw7mmm APPROVED AS TO LEGAL FORM: j DEBRA A. DRAYOVITCHl CITY ATTORNEY BY: LEAGUE OF UNITED LATIN AMERICAN f CITIZENS 1 BY s i k ATTEST: i r, PAGE 22 I 1 N I EXHIBIT "A" WORK STATEMENT Educational Assistance Program office will be set a sthired udents to counselingto low/moderate ninco e staff and their educational The program is designed to reduce drop out rates and assist students in obtaining scholarships to further their education. Assistance will be targeted to low/moderate income, "at risk" hispanic students and their families. The budgeted amount of funds is $219215. GOALS AND OBJECTIVES GOAL 1: To match Hispanic and minority Scholarship applicants from Denton High School with appropriate scholarships that are made available annually. A list of potential Hispanic and minority scholarship candidates will be prepared with help from the Denton High School counselors, principals and LULAC members. A list of available Scholarships with the addresses, phone numbers, contact persons, deadlines, required data, and other information will be prepared to assist the student and the parent. GOAL 2: Provide training and awareness sessions for students and I parents regarding scholarship opportunities. i A Fall and Spring general training session will be arranged for parents and students to distribute data and to provide guidelines, suggestions and assistance in completing the scholarship forms Individual and small group sessions will be provided to families or students as requested. Office hours and letters of invitation will be sent to parents and students so that they will stay in contact with the program directors. GOAL 3: Students who are considered "at risk" will be identified and provided support through community channels. In conjunction with the Denton Independent School PAGE 23 I i 4 District, students who are potential drop-outs or have excessive absences, will be identified and contacted thrcuT,h telephone, letters, or home visits. Programs for parents and students dealing with the overall school/home connection and climate will be made available at least twice a year. parents toward and students school tot help thwill be em succeed find these graduation. will be GOAL 4, sOnce ought to increase their retention in the ost-secondary program. Individual student data will be provided to monitor the student's academic progress. Financial be reviewed annually toedetermine oif additional students will is required. { k ' I I i ~II 1 t, 1 PAGE 24 N EXHIBIT "B" Educational Asaistance Program Budget 9,750 Director .00 6,125.00 Other personnel 550.00 Telephone ies 2,150.00 Office Suppl 1,000.00 Postage 440.00 Mileage W00-00 Word processor $21,215.00 TOTAL r i I t k 'I i r E ! f { PAGE 25 i I' fit r i M r Y i i+ I I 4 DATE: 12/05/88 L, CITY LOUNC11. REPORT rURMA7' T0: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT, Approval of a contract with SPAN in the amount of $36,000 to provide transportation, hot meals, and information and referral services to persons over sixty years or older. RECOt1t~NDAT~4N The Human Resources Committee recommends .,)proval. Ek SUMMARY: SPAN requested $36,000 in funding at the April 26, 1980 i' Hunan Resources Committee meeting. PROGR? ,~E~RTMEt~TS OfiGRGUP~_ f~E.Y7GQ;_ N/A ` On September 20, lge8 ttie City Council approved the lgSS-89 Budget which included the $36,000 for SPAN. i f i Rosp tuily/su tte p t T.~oy V. i arri"ell City Manager i P ared by,: i lilt at era oss Community Development Cootdluator Ap roved, I' r t 'rank Rob ins Executive Director for Planning and Development ~ I r 4 I 14 f 1232L N0. N ORDINANCE S~ VICES N PROGRAM DFOR AAGING~E NEEDS; AUTHORIZINGY THE DENTON AND MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATti. WHEREAS, the City Council has determined pro~ t i pub is i funds best interest of the citizens of t edsit in consideration of the to Services Program for Aging Ne, Services Program for valuable public services to be furnished by Aging Needs to the City of D NOto on THEREFOR dance with the 'Funding Agreement attached hereto; THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: roves the SECTION I. That the City CounnciWeeheteby app of Denton "Fun ng greement attached ithereto Needs (SPAN), and authorizes the and ayor etoiexecute osaid agreement. M SECTION 11. That the City Council authorizes the expenditure of funs in It e manner and amount as specified in the Agreement. SECTION III. That this ordinance shall become effective imme ate y uponits passage and approval. 1988. day of PASSED AND APPROVED this the r i ATTEST: I l , APPROVED AS TO LEGAL FORM! DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: 1232L THE STATE OF TEXAS FUNDING AGREE24ENT BETWEEN THE CITY PROGRAM DENNTTO FOR A ING NEEDS VICES COUNTY OF DENTON 4 This Agreement is hereby entered into by and between the City of Denton, Texas, a Home Rule Municipal Corporation, (hereinafter referred to as City) and Services Program for Aging Needs (here- Inafter referred to as Agency); WHEREAS, the City's Human Resources Committee (HRC) has reviewed the services of the Agency and has determined that the Agency performs an important human service for the residents of recommends religion, funding the color Agency; andtional origin, and without therefore regard HRC to race , WHEREAS, the City has determined that the Agency merits assistance and has provided for Thirty-six Thousand and No/100 Dollars ($36,000.00) in its budget; NOW, THEREFORE, the parties hereto mutually agree as follows: 1. SCOPE OF SERVICES w The Agency shall in a satisfactory and proper manner perform the following tasks: A. The Agency's purpose is to help older citizens remain independent and as fully active in the community as they choose. B. Provide transportation for persons sixty years old or older. C. Provide a hot meals program five days a week at Denton 1 Aa Qo0 Senior Center, Heritage Oaks endyPhoenix Apartments, D. Offer information and referral services for older persona at the SPAN Central Office. II. OBLIGATIONS OF AGENCY In consideration of the receipt of funds from the City, Agency agrees to the following terms and conditions: A. It will establish a separate bank accmat for deposit of the Thirty-six Thousand and No/100 ($36,000.00) Dollars paid to the Agency by the City and the only expenditures from this account, until such time as said funds are exhausted, shall be for those expenses listed in the scope of services as provided for herein. Agency shall not commingle funds received from other 1 T ~ I sources in this account and shall not utilize these funds for any other purpose. H. It will establish, operate, and maintain an account system for this program that will allow for a tracing of funds and a review of the financial status of the program. C. It will permit authorized officials for the City of Denton to review its books at any time. D. It will reduce to writing all of its rules, regulations, and policies and file a copy with the City's Executive Director of Finance or his authorized representative along with any amendments, additions, or revisions whenever adopted. E. It will not enter into any contracts that would encumber the City funds for a period that would extend beyond the term of this Agreement. F. At the discretion of the City, the Agency may be required to refund the balance of the special account to the City of Denton at the end of the Agency's fiscal year. G. It will promptly pa all bills when submitted unless there is a discrepancy in a bill; any errors or discrepancies in bills shall be promptly reported to the Executive Director of Finance or his authorized representative for further direction. H. It will appoint a representative who will be available to meet with the Executive Director of Finance and other City officials when requested. 1. It will indemnify and hold harmless the City from any and all claims and suits arising out of the activities of the Agency, its employees, and/or contractors. III. TIME OF PERFORMANCE The services funded by the City shall be undertaken by the Agency within the following time frame: October 1, 1988 through September 30, 1989. IV. USE OF FUNDS City funds made available under this Agreement shall be utilized by the Agency to perform the following: A. Provide transportation for persons sixty years or older. H. Provide a hot meals program five days a week at Denton Senior Center, Heritage Oaks andVPhoenix Apartments. PAGE 2 • ~ t I N I C. Offer information and referral services for older persona at the SPAN Central Office. V. METHOD OF PAYMENT A. Payment by the City for services provided hereunder will be made as follows; provided, that Agency shall request said pay ment by letter addressed to: City of Denton, 110 West Oak, Suite B, Denton, Texas 76201, Attn: Community Development Coordinator: 9,000 on or before January 1 1989 9,000 on or before April 1, 1989 9,000 on or before July 1, 1989 9,000 on or before September 1, 1989. B. It is expressly understood and agreed that in no event under the terms of this contract will the total compensation to be id hereunder exceed the and H /100 Dollars ($36,000.00) for maximum all sum the services Thirty-six re dered. VI. EVALUATION The Agency agrees to participate in an implementation and maintenance system whereby the services can be continuously monitored. The Agency agrees toatake availabsl diits financial the records for review by the City addition the Agency agrees to provide the City the following data andfor reports: A. All external or internal audits. j B. All external or internal evaluation reports. C. Quarterly performance reports to be submitted in January, April, July and September, to include the following data: 1. Number of one-way trips furnished each month. 2. Number of msserved at Denton Seni Oaks each month Center, Phoenix Apartments and Heritage 3. Number of information and referral requests handled quarterly. expenses and to be submitted in anuary, D. Quarterly financial April, July, and September to statements VII. £USPENSION OR TERMINATION The city yymay suspend or ppterminate this Agreement and payments to the A nmited to whole the partingor cause. Cause shall include but not be l i PAGE 3 I A. Agency's improper, misuse, or inept use of funds. B Agency's failure to comply with the terms and conditions of this agreement. C. Agency's submission of data and/or reports that are incor- rect or incomplete in any material respect, or D. If for any reason the carrying out of this agreement is rendered impossible or infeasible. In case of suspension, the City shall advise the Agency, in writing, as to conditions precedent to the resumption of funding and specify a reasonable data for compliance. In case of termination, the Agency will remit to the City any unexpended City funds. Acceptance of these funds shall not con- stitute a waiver of any claim the City may otherwise have arising out of this Agreement. IN WITNESS WHEREOF, the parties do hereby affix their signa- tures and enter into this Funding Agreement as of the day of , 1988. CITY OF DENTON, TEXAS SERVICES PROGRAM FOR AGING NEEDS ~ RAY i i ATTEST: ATTEST: i{ c tt,1& ~c~~~ctr}c,i JENNIFER , CITY 90KETM SECRETARY i i APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY. :S1 LLYY`y f !'AGE 4 1 V 1 I i TT71=1= Ill'' 1 I ti I I SENT BY:OALlA5 ;12- B-8B s10131AM I We Ili ParNhuratoC1TY OF DENTON UA ;x 7 CERTIFICATE FOR ORDINANCE DIRECTING THE ISSUANCE OF NOTICE OF BALE _ OF al EB Ij OBLIGATION BONDS THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON we, the undersigned officers of said City, hereby certify as follows: 1, The City Council of said City convened in SPECIAL MEETING ON THE 19TH DAY OF DECEMBER, 1988, at the Municipal suilding (City Hall)► and the roll was called of the duly constituted officers and members of said City council, to-wit: Jennifer X, Walters, City Secretary Ray Stephens, Mayor Bob Gorton Linnia McAdams Jane Hopkins Jim Alexander Randy Boyd Hugh Ayer and all of said persona wore present, except the following absenteee i ► thus consti u ng a quorum. whereupon, among other business, the following was transacted at said Meeting: a written ORDINANCE DIRECTING THE ISSUANCE OF NOTICE Or SALE OF GENERAL OBLIGATION BONDS was duly introduced for the consideration of said City Council and duly read, it was then duly moved and seconded that said Ordinance be passed: and, after due discussion, said motion, carrying with it the passage of said Ordinance, prevailed and carried by the following vote: AYES: NOES: ABSTENTIONS: g, That a true, full, and correct copy of the aforesaid Ordinance passed at the Meeting described in the above and foregoing pareraph is attached to and follows this Certifi- catat that saiQ Ordinance has boon duly recorded in said City Council's minutes of said Mooting: that the above and foregoing paragraph►is a true, lull, and correct excerpt !rota said City Council's minutes of said Meeting pertaining to the passage of T ; SENT BMALLAS 9-88 :10:32AM MCCaIL Parkhurst"CITY OF 9ENTON UA 3 said Ordinance; that the persona named in the above and fore- going paragraph are the duly Chosen, qualified, and acting officers and members of said City Counoil as indicated therein) was duly and sufficiently notified officially as d personally, 1 in advance, of the time, place, and purpose of the aforesaid meeting, and that said ordinance would be introduced and considered for passage at said Meatingl and that said Meeting was open of the said 1 meeting wasigiven, all as erequiredlby Vernon's Ann. Tex. Civ. St. Article 6262-11. 3. That the Mayor of said City has approved, and hereby approves, the aforesaid Ordinances that the Mayor and the City Secretary of said City have duly signed said Ordinancet and that the Mayor and the City Secretary of said City hereby tha their thslsi ningt of the at ached Certificcopyate of s id ordti to nance or all purposes. SIGNED AND SEALED the 13th day of December, 1988. city Secretary Mayor . . . . . . . . . . . (SEAL) We, the undersigned, beirg respectively the. City Attorney and the Bond Attornsys of the City of Denton, Texas, hereby I as certify athat lollowippngeordinance prior as tits passage the aforesaid. E ---My Attorney i Bon A tcrnsys I SENT W CALLAS +12- I-98 11V 32AM McCall, Parkhoot4CITY OF DENTON UA 4 4 ORDINANCE NO. S8 ORDINANCE DIRECTINO THE ISSUANCE OF NOTICE OF SALE OF G AT nnLIGATTAN BONDS THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON THS COUNCIL OF THE CITY OF DENTON HIREBY ORDAINSI 'I 1. That the City Secretary is directed to Issue a Notice of Sale of Bonds in substantially the following form; MI. XOTICE OF SALE CITY OF DENTON, TEXAS 83,615,000 f GENERAL OBLIGATION BONDS, SERIES 1989 The City Council of the City of Denton, Denton County, Texas, j will ressive mailed bids at the Municipal Building, 215 E. Hekinney street, in the City of Denton untili 700 p.n., C,S.T „ Tuesday, January 17, 1989 for the purchase of; to be date' January 1, 1989, and to mature aerially July 1 each year 1991 through 2009. Sealed bids, plainly marked "Bid for Bonds", should be addressed to "Honorable Mayor and City Counoil, City of Denton, Texas", and must be submitted on the "Official Bid Ya m* to be made available by the City Council prior to the date of sale. All sealed bids will be publicly opened and tabulat,, before the council. Copies of the "Official Statement*, "Notice of Sale", and "Official bid form' are being prepared and will be mailed to prospective bidders on or about January 3, 19590 and will be furnished to any prospective bidder upon request, by First Southwest Company, 500 First City Center, 1700 Pacific Ave., Dallas, Texas 75201, financial Advisor to the City. The dity reserves the right to reject any and all bids and to waive any and all irregularities. By order of the City Council of the City of Denton, Texas. JENNIFER X. 14ALTERS City Secretary City of Denton, Texas. 1 I 10 I ;12- 9-86 00:33AM ; MCCIII, PVKhurst•+0ITY OF DENTON UA 4 5 ' SENT 9Y:DALlA5 I 2. That said Notice shall be published ones in The Bond Buyer, Now York, New York, which is a national publication regularly and primarily carrying financial news and municipal bond sale notices: and said Notice also shall be published once in the "Denton Record- Chronicle* I which has been designated as the official newspaper of the City of Denton. Said publications shall be made at least thirty days prior to the day set for receiving bids. , i f I ~ f • i i rr r i I EEE j 1 rT= f r= I i k i rT= E i rl= i , I I DATE: ArE. 12/13/33 CITY CULNCIL REPORT FORMAL' / TO: Mayor and Members of the City Council J FROM3 Lloyd V. HarrelL, City Manager SU9JEG11 CON51DER AD0P110N OF' AN ORDINANCE AMENDING ORDINANCE 73-25 AND 73-27 RE COMMEN DAT ION i Staff recommends approval of the ordinance. S UMMARY1 In July of 1973 an application for a planned development on 71.018 acres at the southwest corner of Teasley Laue and Lillian Miller Parkway The request included 59 acres located outside the Oity limits ;.nd according to the application a site plan was not included with the original application. (Attachment 1) On AugusL 1, 19739 the Planning and Zoning Commission held a public hearing but tabled consideration until August 15, 1973 in order for the staff to review a revised plan submitted by the petitioner. (Attachment Z) The staff recommendation was to approve the change to single family-10 and to accept a general plan for a planned development with the condition that the general plan be fulfilled in accordance with the single family-lU development.(Attachment 3) The general plan included 9 acres of general retail land use at the corner of Teasley Lane. However, this land use was not specified in the notice to the property owner or in the advertisement in the newspaper.(Attechment 4) The Planning and Zoning Commission on August 15, 1938 recommended annexation of the 59 acres, a change in zoning from Agricultural (A) to the single family-lU classification on the 12 acres in the city limits, and acceptance of single family-10 and planned development on the 59 acres to be annexed.(Attechment 5) The City Council held a public hearing on the request on September 4, 1973. Ilia minutes of this meeting are not clear, and the petitioner questioned the accuracy of the minutes in 1974, however, the minutes stated originally that "the portion of land in the City limits be changed from the agricultural classification to the single family-lU classification and that the staff be authorized to prepare necessary legal documents for annexation for the remainder of the petitioner's request, with final overall plans to be appruved by the City Council."(Attachment b) These minutes were later revised to say, "with general plan acceptance and approval by the city Ujunc'l".(Attachment 7) I i City Council Report Format December 13, 1988 Page 2 SUI.UWy (continued)1 On September 18, 1973, the Council adopted an ordinance (No. 73-25) € establishing single family-IU zoning on 12 acres located in the City limits. (Attachment S) Urdina`he zoning was 1o t dacn Octob a lb, I 1973 annexing and changing ` family-1U.0ttachment 9) f A memorandum in the file indicates that staff in 1974 suggested the } revision to the minutes but also states that "the single family as ofw the general attached on dtheonine proposal for tior°tom the approval acres ' development acres. "(Attachment 1U) ` This confusing history leafthe° planned edevelopment contingent of the City Council to approve upon the single family-10 area being developed. EACi;ORO UN D I Sam Houston Elementary is located on the single family-10 zoned property to the west, Planned-Developmeat-65 (Bent Oak t of 16.611 1 the acres is located south of the site, and the remaining pa it k acres to zoned single fam y-U to the south. 3 PROGRAMS UEPAlt'1'MEN1'3 OR Gt(UUPS A}'k'E'CTEUi Property owner VI LAL IMPACT, I No impact on general fund at this time. Res ally. ~uDm dt U ; Prepared by, Llo V. Hecrell p City Manager n ~i I nhaF3ll ~ is Carson Urban Planner App 1 r ank M. Ro i Executive Director for Planning and Development 2y20a 1I 1 V ATTACHMENT 1 PETITION FOR Ci4ANGE IN ZONING CLASSIFICATION TO THE MTRABLE CITY COUNCIL OF TIDE CITY OF DENTON, TEXAS: ` I/WE, the undersigned, owner (s) of all of the property herein described, ` do hereby file this, my/our petition, asking that the toning classification of the said property be changed from the AGRICULTURAL District to the Planned Development District under the provisions of Chapter 13, Parts II and III of the Code of Ordinances of the City of Dentons Texas. The southwest corner of said property is located F.M. 2181 and Hobson Street and is more particularly described as follows: Being 71.018 acres, more or less, out of the C. Poullalier Surveys Abstract 1006, as shown on the survey attached hereto. i This petition is for the additional purpose of requesting annexation of the southern fifty-nine (59) acres of subject property into the City of Denton. The City Tax Records designate the part of this property within the City limits as City Block No. 2850 Lot No. 39, r ~ i Proposed development plansXXWare not submitted herewith, Explanation, if any, is that the site plan has not been finalized to developers satisfaction, but , shall be submitted to City Plan Department, prior to first hearing. I/WE herewith tender the filing fee of irty-five Dollars ($35.00). f • ~1~ David W. Gleeson, Trustee, for John M. Avin er, Aldan Wagner and Henry S. Miller ompany 1N 1 i ATTACHMENT 2 PLANNING AND ZONING CO~DlISSION AUGUST 1, 1973 Regular meeting of the Planning and Zoning Commission, Wednesday, August 1, 1973, at 4:00 p.m. in the Council Chambers of the Munici- pal Building, City of Denton, Texas Present; Henry Jones, Bob Manning, Ann Powell, Assistant City Engineer, Assistant City Planner, City Planner, City Traffic Coordinator, Director of Community Development, Director of Utilities, and Secretary Absent: Milton Hill and John Thompson 1. A motion was made by Jones, seconded by Powell to approve the minutes of the regular meeting on July 18, 1973. Motion carried. 2. Public arings: a. The petition of Mr. David W. Gleeson that the property on the southwest corner of Hobson and F.M. Road 2181 be changed from the Aggricultural (A) classification to the Planned Development (PD) classification. The remainder of this property, approximately 59 acres, which is located outside the corporate limits, i3 being requested for annexation to the City and also zoning from an Agricultural (A) classification to a Planned Develop- ment (PD) classification. The total land area of this request represents approximately 71 acres. The property within the City limits is further described in the City tax records as City Block No. 285, Lot No. 39. After hearing two proponents and no opponents, the City Planner recommended tabling the request until the next meeting on August 15, 1973, with the public hearing left open so that the general plan could be reviewed by the Staff. It was moved by Jone THAT Z-1204 BE TABLED AS REQUESTED BY THE PETITIONER, MR. DAVID W. GLEESON, AND THAT THE PUBLIC HEARING BE LFFT OPEN. Powell seconded the motion, which carried. b. Z-1205 The petition of Mr. W. E. Williams, Jr., that the zoning classification at 2010 Denison be changed from the Multi-family (NF-1) to the General Retail (OR) classification. This property is further described as being located at the south- east corner of Henry and Denison Street. The City tax records designate this property As City Block No. 440, Lot No. 8.1. After hearing two proponents, no opponents, and the City Planner's recommendation for approval, the public hearing was closed. It was moved by Po:%foll 'ILiLAT ZONING REQUEST Z-1205 REQUESTING A CLIANGE IN 'LOVING FROM THE L•iF-1 CLASSIFICATION TO THE GENERAL RETAIL CLASSI- FICATION BE APPROVED. Jones seconded the motion, which carried. i ATTACHMENT 3 RECOMMENDATION FROM THE COMMUNITY DEVELOPMENT DEPARTMENT ` TO THE PLANNING AND ZONING COMMISSION AUGUST 15, 1973 IDENTITY; 1-1111 A request to have approximately 59 acres annexed to the City and to seek zoning on this acreage as well as approximately 12 acres in the corporate limits to a Planned Development classification. The total acreage involved in this request for annexation and zoning is approxi- mately 71 acres. LOCATION: This property is located on the southeast corner of Hobson and F.M. Road 2181 (Teasley Lane). RECOMMENDATION: The Community Development Department recommends approval of the annexa- tion request of 59 acres to the City for the following reasons: 1. The right to annex land allows a city to protect itself from haphazard development. A request for annexation is in the i same sense a way for the property owner to protect the value and integrity of the land in terms of an orderly development. i 2. The land in this area of the City is very speculative. Annexation can stabilize the character of speculation and prevent it from becoming unhealthy. € i 3. Part of this property, approximately 12 a,:res, is within the i City while approximately 59 acres is contiguous to the corporate limits. In terms of the zoning of this property, the Community Development Department recommends that the existing 12 acres in the City be than ed from the Agricultural (A) claellification to the Single Family (SF-101 classification and that the proposed S9 acres for annexation to the City be given a Single Family r' SF-10) classification when annexation occurs. The proposal of 9 acres of retail shopping in the northeast corner of this property is also recommended for approval in terms of a general plan for a Planned Development classification with the condition that the general plan be fulfilled in accordance with the plan proposed for the Single Family (SF-10) development. Reasons for recommending a Single Family (SF-10) zone with acceptance of a general plan for a Planned Development classit~,ation on a part of this property are as follows: C rZ-1204 CONTINUED A 1. The property is bounded on two sides by a major traffic carrier (F.M. Road 2181) which normally permits a reasonably high density of housing to exist. 2. The character of land in this area is a country setting which offers a relief for detached housing density. This same characteristic is provided internally for the subdivision in terms of open space. 3. The practice of conditional zoning by a plan for a single family development is normally not necessary since single family developments are protected by various land use controls such as subdivision rules and regulations, restrictive covenants and building codes. The reason for applying the single family plan as a condition to the recommended general plan for a 9 acre shopping area is to protect the recommended open space for the allowable density of 2.1 houses per acre of single family development and to protect the character of shopping for the developing area. r 5 I ' I F 4 I ! i j 1 I 3 1 r I i f ATTACHMENT 4 l~ NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of the City of - Denton, Texas, will hold a public hearing on Tuesday, September 4, 1973, at 7:00 p.m. in the Council Chambers of the Municipal Build- ing to consider that the property,'approximately 12 acres, on the southwest corner of Hobson and F.M. Road 2181 be changed from the Aggricultural (A) classification to the Single Family (SF-10) clan- a fication with general plan acceptance on a part of this acreage for a Planned Development classification. The remainder of the total acreage involved in this request, approximately 59 acres, which is located outside the corporate limits, is being requested for annexation to the City and also zoning to a Single Family (SF-10) classification with general plan i acceptance on a part of this acreage for a Planned Development classification. The total area of land, approximately 9 acres, requested for general plan acceptance is proposed for retail shopping. The property within the City limits is further described in the tax ! records as City Block No. 285, Lot No. 39. Dennis L. Peacock City Planner C i i i M l~ 1 ATTACHMENT 5 M:uj~y MUNICIPAL BUILDING AUGUST 15, 1973 Regular meeting of the Ylanning and Zoning, Commission, Wednesday, Auoust 15, 1973, at 4:00 p.m. in the Council Chambers of the Municipal Building, City of Denton, Texas Present: Milton Hill, Bob Manning, Ann Powell, Assistant City Engineer, Assistant City Planner, City Planner, Traffic Safety Coordinator and Secretary Absent: Henry Janes and John Thompson 1. A motion was made by Hill and seconded by Powell to approve the minutes of August 1, 1973. Motion carried. 2. Publ arings: a. ' -120 The petition of Mr. David W. Gleeson that the property on h southwest corner of Hobson and F,M, Road 2181 be changed from the Agricultural (A) classification to the Planned Development (PD) classification. The remainder of this property, approximately 59 acres, which is located outside the corporate limits, is being requested for annexation to the City and also zoning from an Agricultural (A) classification to a Planned Devel- opment (PD) classification, The total land area of this request represents approximately 71 acres. The property within the City limits is further described in the City tax records as City Block No. 285, Lot No. 39. After hearing one proponent and no opponents, the City Planner recommended approval of the annexation of 59 acres to the f City. The City Planner also recommended that the existing 12 acres in the City be changed from the Agricultural to the Single Family (SF-10) classification when annexation occurs. The 9-acre retail shopping area in the northeast corner of this property is also recommended for approval in terms of a general plan for a Planned Development classification with the condition that the general plan be fulfilled in accordance with tho plan proposed for the Single Family (SF-10) development. It was moved by Powell THAT THE 39 ACRES ITUCATED IN THE 'ZONING REQUEST BE APPROVED FOR ANNEXATION TO THE Hill seconded the motion, which carried. It was moved by Powell THAT THE 12 ACRES ALREADY IN THE CITY LIMITS ZONED AS AGRICUL- TURAL BE CHANGED TO THE SINGLE FAMILY (SF-10) CLASSIFICATION. Hill seconded the motion. Motion carried. It was moved by Powell THAT 1 SUBJECT TO THE APPROVAL OF THE 59 ACRES THAT WE ACCEPT THE PLANNED DEVELOPMENT AND SINGLE FAMILY (SF-10) AS PRESENTED ON THE PLAT AS PRESENTED AT THE MEETING. Hill seconded the motion, which carried. r AA (p) to the ?fanned De:elol it (PD) claTA-ficativu - This r ierty ribed as being located ar. the east side of tho -intersect:., of d of the City Power Plant. This ATTACHMENT 6. j' rse•Streets and to the rwrth side exists along both sides of Pecan Creek. The City Tax Records tbjs property as Citv Block No. 276•B, Lot Nos. 6, 7 and 8 and City « p, Lot No. I. ~D ~ -~•-`f LOI~,..C, L Inns c,~ cg •..,3•Motion carried. 3 PUBLIC HEARINt5: Z' lip ~,'$k{ (A) A Public Hearing ',as held on 1.1204, the request of Henry S. OdAssociates, requesting that approximately 12 acres, on the southwest 4LVf Hobson and F.I. Road 2151 be changes from the Agricultural (A) ~~{ICation to the Single Family (SF-10) classification with general plan pp on a part of this acreage :or a ?fanned Development classification. or of the total acreage iin-lved in this request, approximately S9 .,W,Atch is located outside the corporate limits, is being requested for to the City and also zcning to a Single Family (SF-10) classification ttl plan acceptance on a part of this acreage for a Planned Development on. . The total area of lard, approximately 9 acres, requested for riti .r = limits is further described in the tax records as City Block No. 285, it gh After hearing 1 proponent and none in opposition and a report by the . ~ W Zoning Com.:ssion, motion was made by Miller, seconded by Kibler that on o£ lard in the City limits be changed from the (A) classification to le Family (SF-10) classification and that the staff be authorized to necessary legal documents for annexation for the remainder of the +ti!! request, with final over all plans tgJa-Uproved. b y mil. Motion carte . . (8) A Public Hearing was held on Z-1208, the request of Buford IM M requesting that the zoning classification in the 3300 block of Highway d k dnaged from e Agricultural (A) to the Commercial (C) class- &oft. This property is further described as being located on the north .4 of Highway 380E. Jerry's Marine Sales exist across from this property do south side of Highway 380E. r.e Clty Tax Records designate this property ►.Cjtr Block No. 187-3, Lot No. 10. The area of land is approximately 3 acres. I ~ After hearing 1 proponent and none in opposition and a report of R'asl by the Planning and Zoning Cermission, motion was made by Jester, VOW by Schneider that the petiticn be approved. Motion carried. (C) A Public'Nder14 'w-3s held on S•68, the petition of John K. Milne the=,~ spec is use permit be granted for the operation of a fraternity a+~t n 005 High and. Thfs propeth• is further described as being located in ~ta:dle of the block between Belch and Eernard Street on the south side of Wad Street. The Citv Tax Records designate this property as City Block 541► Lot No. 6. The dimension of the property are approximately 100' x 2201. After hearing 1 proponent and none in opposition, motion was made ,I lab ter, seconded by '.flier that the petition be approved with the following ez~s . (1) This specific use rermit shall be revoked if it is no longer used by Pe::a Sigma Pi. (2) The total number c` occupants living on this property shall be I"Ited to a rx,:imun number of 6 persons at any one time. (3) Three off-street r v'ed r%rking spaces shall be provided. Q, Motion Carrie:, p~ w i C ATTACHMENT 7 f September 4, 1973 Continued 3. Mayor Neu, in behalf of the Council presented a plaque of appreciation to Jack Doyle who retired from the City after 40 years of service. 4. Motion was made by Jester, seconded by Kibler that the following petition be referred to the Planning and Zoning Commission for its recommendation; (A) Z-1213, the petition of Mr. Ben Parks requesting that the zoning classification in the 200-1100 block of Woodrow Lane be changed from the Agricultural (A) to the Planned Development (PD) classification, This property is further described as being located on the east side of the intersection of Woodrow and Morse Streets and to the north side of the City Power Plant. This property also exists along both sides of Pecan Creek. The City Tax Records designate this property as City Block No. 276-B, Lot Nos. 6, 7 and 8 and City Block 276-D, Lot No. 1. Motion carried. 5. PUBLIC HEARINGS; r (A) A Public Hearing was held on Z-1204, the request of Henry S. Miller and Associates, requesting that approximately 12 acres, on the southwest a corner of Hobson and F.M. Road 2181 be changed from the Agricultural (A) classification to the Single Family (SF-10) classification with general plan acceptance on a part of this acreage for a Planned development classification. The remainder of the total acreage involved in this request, approximately S9 acres, which is located outside the corporate limits, is being requested for annexation to the City and also zoning to a Single Family (SF-10) classification with general plan acceptance on a part of this acreage for a Planned Development classification. The total area of land, approximately 9 acres, requested for the City limits is further described in the tax records as City Block No. 285, Lot No. 39. k After hearingg 1 proponent and none in opposition and a report by the Planning and Zoning Commission, motion was made by Miller, seconded by Kibler that the portion of land in the City limits be changed from the (A) classification to the Single Family (SF-10) classification and that the staff be authorized to prepare necessary legal documents for annexation for the remainder of the petitioners request, with general plan acceptance and approval by the City Council. Motion carried. (8) A Public Hearing was held on Z-1208, the request of Buford Harrison requesting that the zoning classification in the 3300 block of Highway 380E be changed from t'ie Agricultural (A) to the Commercial (C) class. ification, This property is further described as being located on the north side of Highway 380E. Jerry's Marine Sales exist across from this property Dn the south side of Highway 38013. The Clty Tax Records designate this property as City Block No. 187.3, Lot No. 10. The area of land is approximately 3 acres. After hearing 1 proponent and none in opposition and a report of approval by the Planning and Zoning Commission, motion was mado by Jester, seconded by Schneider that the petition be approved. Motion carried. (C) A Public111ftrint),tts held on S•68, tho petition of John K. Milne requesting that a,sp .1fic use permit be granted for the operation of a fraternity house at 1005 Highland." 'this property is further described as being located in the middle of the block botween 1iolch and Bernard Street on the south side of highland Street. The City Tax Records designate this property as City Block No. 341, Lot No. 6. 'rho dimension of the property are .,%)proxbmatcly 100' x 2201. C ATTACHMENT B S►~~ Clef 1;0. A14 ORDILWICE Xk9-,NDING TIE IOIING VAP OF THE CITY OF XN'ION, TEYAS, AS SAME VAS ADOPTED AS AN ATPE!!DIX TO T11" CODE 07 OPDIN.1NCI'S OF TILE CITY OF DIg4TOA, TEXAS, GY ORDINA:1r,E 140. 69-1, AND -S SAID ?AP APPLIES To LOT 170, 39, CITY BLOCK NO, 255, AS SIIQ;Sl THIS DATE 01 TL° OFFICIAL TAX PUP OF THE CITY OF VrIITON, TEYAS, AND von PARTICIIAILY DrSCRUED THEREIN; AND DECLARING AN EFFECTIVE PATE. TILE COU,~C:L OF TIIF. CITY OF DENTON, TEXAS, HEREBY ORDAINSI SECTION I, That the Zoninit Map of the City of Denton, Texas, adopted January 14, 1969, as en Appendix to the Code of Ordinances of the City of Denton, 4 Texas, wider provisions of Ordinance 69-1, be, and the same is hereby amended as follows: All the hereinafter described property is hereby removed from the "A." Agricultural District as shown on laid Zoning Map, and all provisions of Ordirance No, 69-1, adopted the 14th day of January, 1969, as amended, shall hereafter apply to said property as "SF 10" Single Family District in the same manner as other property located in the "SF-10" Single Fam- ily District, All that certain lot, tract or parcel of lend lying and being situated in the City and County of Denton, State of Te"o, and bein apprextrwtely ~2 acres on the southwest corner of Hobson and F,H. Road 2 81 being fur- i; ' it described as Lot No. 39, City Block No. 285 in the City of Denton, Texas, SECTION II. j That the City Council of the City of Denton, Texas, hereby finds that such change is in accordance with a comprehensive plan for the purpose of promoting the general welfare of the City of Denton, Texas, and with reasonable consideration, among other things for the character of the K j district and for its peculiar suitability or particular uses, and with a view to conserving the value of the buildings, protecting human lives, and encouraging the most appropriate uses of land for the maximum bene- fit to the City of [knton, Texas and its citizens, l SECTION III, That this ordinancd shall be in full force and effect immediately after its passega and approval, the required public hearings having heretofore been held by the Planning and Zoning Commission and the City Council of 1 the City of Denton, Texas, Biter giving due notice thereof. j PASSED AND APPPOVED this the '.tth day of September, A, D. 1973. CITY OF DENTON, TEXAS ATTESTI lip'./ >~bFS'1k~L'1'~'T;`Y"ST'CIO:'fATt4' CITY OF -eyAS APPRO'ri:D AD~O LECP1. F07~1; CITY nn nt,'iTO'V TF,vm ; r I ti t ATTACHMENT 9 Nu..23 7 C &u'cb w. AN ORDINANCE AN;dL,XING A TRACT OF 141D CONTIGUOUS AND ADJACENT TO THE CITY OF D-~NTCN, TEXAS; SEIIG ALL THAT T,OT, TRACT OR PARCEL OF LARD CWSISfING OF 71.90 ACRES LYIC11; AND 6ULNu SITUATED IN TaE COLLiTY OF DEidro:;, STATE OF TEXAS A140 BEING A PART OF THE C. FOULL- t ALICR SURVEY, ADS'iRACT t:0 1006; CLISCIFYING THE S5ti AS "SF-10" SINGLE FAMILY DISTRICT PRQPERTY; 1141D DECLARING AN EFFECTIVE DATE. 1 WHEREAS, the request for annexation was introduced at a re- ' bular meeting of the City Council of t1.e City of Denton, Texas, on the petition of DAVID~S4N and WHEREAS, an opportunity was afforded, at a public hearing held for that purpose on October 16, 1973, for all interested persons to state their views and present evidence bearing upon the annexation provided by this ordinance] and WHEREAS, this ordinance has been published in full at least one time in the official newspaper of the City of 6enton, Texas, prior to its effective date, and after the public hearing; NOW THEREFORE, THE COUNCIL OF THE CITY OF 7ENTON, TEXAS, HEREBY ORDAINS, ' SECTION I. E That the hereinafter described tract of land be, and the same is hereby annexed to the City of Denton, Texas, and the same t in made hereby a part of said City and the land and the present and future inhabitants thereof shall be entitled to all the rights bound and privileges of other citizens of said City and shall be by the acts and ordinances of said City now in effect or which say hereafter be enacted and the property situated there;n shall be subject to and shall bear its pro-rata pert of the taxes levied t by the City. The tract of land hereby annexed is described as follows, to-wit, j All that certain lot, tract or parcel of land lying and being sit- uated in the County of Denton, State of Texas, and being part of the C. Poullalier Surveyy Abstract No. 1006 and being tiore parts- cularly described as foliowar BEOINNING at a point in the present city limits line, said point of beginning lying in the west boundary line of a tract of land conveyed by J. W, sayer to A. F. Lyors by trod dated October li 1923 and recorded in Voltn,e 186, Pave 42$ of thn Decd Pvcords of Denton County, Texas, 200.06 feet south 2 degrees 10 minutes west of the northwest corner of said Evers Tractl 89 d'fJ.recs 13 minute cast alollr the present city limits T};G,NCE south line a distance ~f 1,;'9'.3 (cot to 3 point for a corner , Bald point being 5.0 fret wcct of the cast bouaJarv lino of saiJ Coullalielimits Survey; nt city THi°.L:CP, tout}1 0 da~rces 08 minutes est, slot the p resent line of said 0 feet :.'est o f "04 paral lel with the east otclJ line en Survey, a distance of 213.4 feet to a point for a corner in line 5 li ' the east right of uay line of F.t1. P.oad 2181; THENCE southeasterly, along the present city limits line same being the east right of way line of F.M, Foad 2181, around a curve to thointght the radius of which is 761.25 feet a distance of 263.0 feet to a plimits line THENCE south 0 degrees OS minutes west slang the present city ht of way 432,8 feet to the b eg line of F.M. Road 2181 a distance of ~ same being the east rightsg of a curve to the lefts iiinit THENCE southeasterlinelofgsaid p MSePoadi2lel aroundisaidscurveetoPthe east right of way left the radius of which 1s 1,382.5 feet a distance of 253.3 feet to a po'.nt for a corner; RR THENCE F M south Road 279181, sadegreesid p33 minutes awest cross,i' FweM Road stRrightlof weydline lance of 90.0 feet to a point also I' eing the most easterly e ortheas L co ary corner of the abovementioned Evers Tract and lying in the line of said Poullalier Survey; line of THENCE south 0 degrees 56 minutes west along the cast boundary liner said Evers Tract, a distance of 1,180.0 feet to a point same being the southeast corner of said Evers Tract, line of THENCE north 89 degrees 00 minutes west along the south boundary saame bEvers eing the distanc for a corner, THENCE north 1 degree 05 minutes east along the west boundary line of said Evers Tract a distance of 1,319.1 feet to a point; ry 1 VENCE distan minutes east toe the west place of beginning and containing 71.90 acres of land, more or less. i SECTS I. The above described property is hereby classified as "510" , Single Family District and shall so appear on the official zoning map Texas, which map is hereby amended accordingly. of the City of Denton, S_ _ ___ECTION III, passage. This ordinance sha1L be effective immediately upon itsD 1973. PASSED and APPROVED this )ZYA &y of Vv CITY OF DENTQN, TEXA5 ATTE~;0 CITY OF Milil'(*O, TEXAS APPROVED AS TO LEGAL FORM: I r1 CITi r w t r ' Jim Jones Page 2 June 18, 1974 Further, it should be recognized that the single family proposal for approximately sixty two (62) acres was attached as a con- dition of proposed development prior to the approval of the general plan on the nine acres for Planned Development. dw t 1 I i R 1 i ATTACHMENT 10 / 1 CITY OF DENTON t MEMORANDUM T0: Jim Jones FROM: Pat Howe and Dennis Peacock SUBJECT: Proposed Amendment to City Council Minutes, Zoning Case No. Z-1204 DATE: June 18, 1974 Zoning Case No. Z-1204 was heard and approved by the City Council on September 4, 1973. The minutes read as follows: A Public Hearing was held on Z-1204, the request of Henry S. Miller and Associates, requesting that ap- proximately 12 acres, on the southwest corner of Hobson and F.M. Poad 2181 be changed from the Agri- cultural (A) classification to the Single Family (SF-10) classification with general plan acceptance on a art of this acreage for a Planned Development classification. The remainder of the total acreage involved in this request, approximately 59 acres, which is located outside the corporate limits, is being requested for annexation to the City and also zoning to a Single Family (SF-10) classification with a general plan acceptance on a part of this acreage for t a Planned Development classification. The total area of land, approximately 9 acres, requested for x the City limits is further described in the tax records as City Block No. 285, Lot No. 39. After hearing 1 proponent and none in opposition and a report by the Planning and Zoning Commission, motion was made by Miller, seconded by Kibler that the por- tion of land in the City limits be changed from the (A) classification to the Single Family (SF-10) clas- sification and that the staff be authorized to prepare necessary legal documents for annexation for the remainder of the petitioners request, with final over all plans to be approved by the City Council. Motion carried. Since the minutes do not clearly specify general plan approval of the general plan request on 9 acres, and since the property is presently within the city limits and zoned Single Family (SF-10), then it is requested by the staff that an amendment to the minutes be made to approve the general plan as it was accepted on September 4, 1973. NO. - AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE CORRECTION OF THE ERRONEOUS DESIGNATION OF 9.2 ACRES OF LAND AS A SINGLE FAMILY (FF-10) ZONING DISTRICT AS CONTAINED IN ORDINANCE NO. 73-25 AND NO. 73-27, BY AMENDING THOSE ORDINANCES TO PROVIDE FOR ZO ZONING DISTRICT FOR GENERAL TRACT USE; AND THE DEVELOPMENTr (PD) DESIGNATION PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in 1973, Alden Wagner and John Avinger located eat the owners of approximately 71 acres of property southwest corner of (old) Hobson Lane and F.M. Road 2181 (Teasley Lane), 12 acres of which were then located within the corporate limits of the City of Denton; and WHEREAS, in 1973 the owner requested that 59 acres of its property located outside the city limits be annexed, that 9.2 acres be zoned Planned Development for general retail (GR) use, and the remainder be zoned for single family (SF -10) use; and WHEREAS, the minutes of the meeting of August 15, 1973, of the Planning and Zoning Commission reflect Eaththe Commission, after a public hearing, recommended approval of WHEREAS, the minutes of the meeting of September 4, 1973, of the City Council reflect that the City Council. after a public hearing, approved the request with directions to prepare the necessary ordinances; and WHEREAS, Ordinance No. 73-25 and Nr v 73-27, for aesenged Fto and amily provided approved by the Council, respectively (SF-10) District zoning designation for all 71 acres; and WHEREAS, the City Council finds that the language r spectively contained in Ordinance No. 73-25 and No. , incorrecty reflects that all of the property described therein was intended to be designated as a Single Family (SF-10) District, when in fact 9.2 acres of the land was intended to be zoned Planned Development (PD) for general retail use; and WHEREAS, the City Council wishes to correct Ordinance No. 73- 25 and No. 73-27, to reflect the action intended to ba in those ordinances; NOW HEREFORE? taken but THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: ,SECTION I. That Ordinance No. 73-25 and Ordinance No. 73- 10) as they Designationaf rlthea9.2yacres 1 R c described in Exhibit "A", attached hereto and incorporated herein by reference, are hereby amended and corrected to show the property as Planned Development (PD) District Classification and Use Designation for general retail use. SECTION IT, That Ordinance No. 73-25 and Ordinance No. 73- 27, are further amended and corrected to show that the "Preliminary Plan", described as Exhibit "B", attached hereto and incorporated herein by reference, which was submitted and approved for the acreage described in Exhibit "A", was and is the approved site plan for that acreage. SECTION III, That the Zoning Map of the City of Denton, Texas, adopted the 14th day of January, 1969, as an Appendix to the Code of Ordinances of the City of Denton, Texas, under Ordinance No. 69-1, as amended, shall, insofar as necessary, be revised to t show the corrections herein approved. j SECTION IV. That this ordinance shall become effective immediately upon its passage and approval, J PASSED AND APPROVED this the day of , 1988. RAY STEPHENSO MAYOR i ATTEST. s i JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY. HOBSON ESTATES/Pcge 2 r f N I EXHIBIT "B" HOBSON ESTATES DESIGNATED ERAL AN HIM, IEI11 i ,a8 S ISO 319 4t!!' L4N~ sJJ 0~ C• :E w 7a NO 1 W ~ Y V~V e H Cu . 11 i i is * 1. 0 4.Ft ze ' 1 s 01 12!' a ' qq s . 310' 43,400 34-F& i IMPL. PARKINS a. 4T6' \ i L I ee' 90' r T ~ I 1~I I I It 1 r'w I I j II If 11 -JLI j DATE: 12/13/88 '0. CITY COUNCIL REPORT FORMAT h TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager E SUBJECT: CONSIDER APPROVAL OF AN ORDINANCE OF THE CITY OF DENTON, TEXAS ABANDONING AND VACATING A PORTION OF THE PUBLIC RIGHT-OF-WAY LOCATED AT THE INTERSECTION OF PEACH STREET AND NORTH LOCUST STREET. RECOMMENDATION: The Planning and Zoning Commission recommended approval at their meeting of September 280 1988 SUMMARY: This is a request by the City of Denton for the disposition of excess right-of-way at Peach and North Locust Streets. The area is approximately 2,138.39 square feet and not individually developable. An independent appraisal was obtained and after s staff analysis, a recommendation was made to the Planning and Zoning Commission for the conveyance of excess right-of-way to Mr. Hardesty for no consideration. a I BACKGROUND: During the redesign of the North Locust Street and Peach Street intersection, an open space was created at the northeast corner. The city approached Mr. Hardesty, the adjacent property owner, about buying the site. Mr. Hardesty agreed to take the property but did not consider t)at the additional property added any value to his existing residential lot. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: The Parks and Recreation Department would be required to maintain the property if it is city property. FISCAL IMPACT: N/A I City Council Page Z *IyPd by: , arre 1 City Manager et vans) c~ I P1 ning Administrator Appr, v a o ns Executive Di ctor for i Planning and Development db 1598x I } f i f I CITY of DENTON, TEXAS MUNICIPAL BUILDING 1 DENTON, TEXAS 76201 % TELEPHONE (817) 566.8200 MEMORANDUM DATE: September 23, 1986 TO: Elizabeth Evans, Planning Administrator FROM: Jerry Clark, City Engineer SUBJECT: Disposition of property to George Hardesty located at the northeast corner of Peach and North Locust Please place this item on the Planning and Zoning Commission agenda for September 28. The request for disposition is from the City of Denton as we created the need for the disposition by redesigning the intersection at Peach and North Locust.. That intersection was approximately 70' to 80' feet wide which created dangerous traffic movements off of a major arterial. We redesigned it so that Peach came in at 900 with a standard 31' street. Therefore, an additional open area owned by the City was created. We talked to Mr. Hardesty and asked him if he would be interested in obtaining the land. He was interested so we presented the issue to Legal. Legal stated that we could not give the property to him and had to go through appraisal and disposition procedures. j The first appraisal showed the property to have some value. We contacted the appraiser and discussed how the land could not ever be built on. the other fact was that the Parks Department would spend more money to maintain the property than they would get value. The real gain by the property owner was strictly more lawn to mow or actually green space around his house. The appraiser was willing to reevaluate his appraisal stating it actually had no value. This eventually placed us at the stage where the property could be disposed to Mr. Hardesty. We strongly recommend that Mr. Hardesty be given control of the property as it could become a problem with zoning issues or weed complaints. An entrance such as North Locust should not have this_:,rt of unmanaged land situation created. Therefore, please consider disposition of this property to Mr. Hardesty as soon as possible. He has been maintaining the land for a significant period of time. Please advise if you need further information. Jer y Clark 0 5 C MEMORANDUM I DATE: April 28, 1988 TO: Planning 8 Zoning FROM: Rog?r N. Wilkinson, Right-of-Way Agent SUBJECT: Excess right-of-way at Locust street and Peach street The attached appraisal report and letter of value from Gage and Associates represents two scenarios as to the value of the excess right-of-way. The appraisal report was prepared at the request of the Engineering section. The first scenario considered the adjacent tract as if it were vacant, typical method to obtain land value only. A square foot cost was calculated from vacant residential lot sales in the surrounding neighborhood. The square footage of the adjacent lot and, then the adjacent lot y plus the excess right-of-way were each multiplied using the cost per square foot to obtain totals of $16,000 and $16,700 respectively. The $700 difference being the value of the excess by this method of calculation. George Hardesty, the adjacent property owner, was contacted and a meeting was arranges. At not agreeable too pthe ay this amount i presented and Mr. Hardesty wa for the excess right-of-way. A few days after the meeting, Mr. Hardesty submitted a letter stating his position in regards to this matter. The letter states he would be agreeable to accept the tract as a benefit to the City, but not is a taxable addition, since he essentially gained nothing except the maintenance, landscaping, seeding, fertilizing, watering, etc. He would also save City maintenance crews a great deal of time and effort. 1 I~ I 4 P & Z Locust & Peach page 2 underedthe reevaluate scenario ert This following this Gae and determine Associates value was presentation being a residential neighborhood with developed lot as its highest and best use. A brick house apprnximately 10 years old is located on the lot. A letter as to the value to a he a adjacent states lot t value. not n contribute provided under right-of-way would conditions right We would recommend the conveyance of the excess right-of-way to Mr. Hardesty for no consideration. This recommendation is based on the letter as it appli.,s to the current conditions as stated in scenario two. Mr. Hardesty has been kind enough to offer maintenance of the area. If he is not given this property, the area could becoma a positive s makes it City eon a City difficult responsibility. maintenance activities. If you have any questions or need additional information, contact me a, your earliest opportunity. Roge N. w G A 0546E t f ry i ii a, i } y 1 Gage Associd ces RECEIVED APR 7 1* 300 N. ELM 0 P.0, 8OX 1397 • DENTON, TEXAS 76202 • (817) 382.7662 (817) 387.3505 April 4, 1988 City of Denton 215 E. McKinney Denton, Texas 76201 Attn: Roger Wilkinson Dear Mr. Wilkinson: In reference to the appraisal at 2500 N. Locust and the appraisal on Peach Street and N. Locust, Due to the size and shape of the property on Pesch Street and N. Locust, it is not considered to have contributory value to 2500 N. Locust, and as a separate site there is no marketability. If the property had been purchased as one it may have had some value but as an added addition it does not since It is small and irregularly shaped. If you have any questions please call. Si cerely, i J rry L. Gage, SRA Ellen Weaver I i E f j i i i r E f ~r - LAND APDFAISAL --nRT eerwr VA wwwrt, 2300 N^ T'aun On nwntea Cw,v-j2aatpa -___Irn1 Tusa_tlcx. _r¢, Lora ClK.wlla T~t 1. Lag Pn 11. Adtrinn 411 o"clS MIA CAgw 44 LfM'4.1 ra awD„•. wr.n Awow rw j'.,, ,JLnr.ww "-'G MI•,n, w,; Aqua v,a laurr'wrf r• awM :.•7., roeM ill e. r~~ri -_]Inwuneo^carr, LMiw Clrt" City at Daum Aww,w1 Oee.aw 0. llardaaty. Sr. A,,qw Ellen Waal 111'.Oool-1 l:rlw estimate markevalue - e L, ca a SM looll"w ❑uTM ES..' ❑1,,,11 kA us w 'i\ ❑ul,aw M\ Go.M 4q [pro"r oAr ❑A." 97q•w, QYa- FOwv L'Yurl aJ-,r•r^CI'0l-owl^rnl ❑ ❑••agau^v ~fgwls ❑Gen^.•v reo']S^wrr^t lq R G•ww 7wwo ❑I^r'Kr ❑In B.AK, ~a'Ar Mawr Ci^•r"r^c, wX^aaa R'. ,J WqV-r r.r ❑u•ww w Mc, quill 9a.w 1 4•a Ao.w'.K' J. A.F1 ^rrwm'arr R 931 I-~~ i` Fr,MI La^r Ur ~1 ♦ • q-dr 7 • ye.q 1\ 10q \ Cwnww Cwnnrc so OrC',I, rw rK.rn J ~J .J InrdU w IKMt \ ~ ~ - Airi~•e. fl 11 .I„ AFrrnIIMO Ur ~4w1 LInY ~Llwril ❑'so 190K0 'I wloo," rn^Orl 0' N i-j x ^ r". Mywl. nwq VG Yw e„ Gliwrm Cw.onw^I ❑ u LJ w.Aw'OY j~a.mw \ ]1"MI OKMI Ault ~L I Mw 0 .0 .r S'" oA..M wee Polly. f 50,000 Al 100.000 oMwww,.rl wl,a t 90.000 c., AAOrwrn a wtw,.~,K ❑ ❑ Sr,Qe,MIil, 4" 10I1w 50 'M FelAso,i.r.l AV 13 1 40Ow'a M"w ❑ J ❑ l^. co.,NV3IClu/.q nyr'Krwq gWKg 11 ..r4wlOls•r'KAq+w"usury I O w.01ls O,n l'o" 10..* r, The eubteet la a lot With a _ beeaa an tha nropgr[T. [gr the pugloalga of the oralaal it to dooa a vaaatt. The DropertE adlains A 411111• or pity proparn to the South The aet2bborhood is typtullr 1111214 ta2117 and thars is a small aeteten of aaartmates to the east o! eh~ eu61a4t Dww/drs _ S4 attached aurUIT Selo Ustlso n NWiet PC car LM rlnlrq wesso 'npl _ 311111E Eaally . 7 Flrn wwww.rq CAN ❑N V Cw.wl.lwlw,q xv.lrwl 'Wr Vold DOW +w ~FrrM ur ❑arryr IOKrrI Pools Cnw lDow • rl. \ bow Lye1 tq_eSODtni south 1w Il.,O'cwl ZOA,i ❑A"wo Sn staadard lot _in nelabboyhood am A2phalt _ Ill," -oar - luneetaMl sale "A`rra RAm"L ❑w,r/ 01. NO v121 aasalty obaatved Iw So" f©'1 ❑ww'-4.w 12crl O'llw ail^,q Anaaate edeauate ,JMwr7.0..a1 KI 9 or _1.".14 jllvwLy.q kft Aawllwww,MWa dr.Alyl lNCrrya111Kw1" 1 rL% zrM pOw.Wg1/.wKlsM M11,Ag0ls rpuP"rrllOwmawrrlr'n1^grr,eroKnryr,gweww K.r,r 11421.E^w era Vere as adVe[Sa WamaneoA ane eesrhmsau or adverse sgyd(llaae Dbaeeved St the tlei „g! lnSpectton. The propatty has A halal an it but to appraiasd AN if vacant _ M .^a'rl^K -w K IH '-.M 'r YI u N r A'OK"ls1 Hw Y-,r 1^y wi..-aq q UIO dC1 wa .M al's..•K '.rr ..r -r- r MwHI ''r im 1' 1, l"l 11J w "AllooM MMrnq. w'V AM 14". '0104r A."Ot-ICMI MAuwn .40A M, Mw a"#a, 104 wnww' Al x-111... 1*11 y... PM ef.'pl91I]yp,•ry awCMN'w Y ^w1 loo We eww rol IvldCl o'DDVN a "'A Aw.wW A'an -I'1 gwll6^a-4 b'Crffl .4," r 1.0 K' ' 110''CMI V. r iry yChK 11 "'r r'0 Y MI YrwA/r w r he Limn weswn 104 K"Ir I-m w,e IIC•gas.1 "Magus,And 11 'AI tla'KI 'IW koolFwwwq CCMAAAMI-4 TOWAA"04 qCi_ CCM4AASL1\01 Ago" 1500 N. Locust L-37,14,Coopet Craig L-19,1-1rCooper Cross 1-iA.1-1,Coopar Cross etas Taw 1111C M. Tame Dancca Texas wauw 5 atla nort- - w , f 14,000 lam` I MIA M/st 2.0911f 2! !p6 rdS Daatoa 1av ecos s nl* sIdiom ouulstaM 71KPrlah w' p11CANr10M ctoo wnaM 11 - 8-2641 a-17-er 11 rAw A121118 r 1300 Av s A1otd Av tut A4tlf ~ Sews 54Wt a ' I w /,LArp.r 1 I I I Cash CAN ~al, ' r7• r+.. . lnrw .y '1_.''-- Cash ,YIN b 00-4 I i6 300 16 300 r 16,100 ClrwawrA an AWAw all u hree WIN are troll a e eta 900ae s p s Just Wald o I Thd Stan hill all An at If at t it It 41000aElubolelot ■t". Addeul lot aru is in "It_ I firi, l I s . Oval that thaw! e.AAwr.Al+e«wMrA„ra.. ara briaalaa abaft 21111 81sa !a evale 1 of Sata to t area a subl411t site bu a bousa ad ehla waealaal !a deea u tt ore veelpt. - _ _ /+LII eKrawldn Me Matbat Data Aaeroscb to t9atidet0 tI bat ladtcato valge !ot vacant and as It the bat Wigan to thls_epptalaal oinea the proDestl_SSJ~9d___..,__._- I 1 rnNW1'I tl Let. usa 140 MAACt MaMM A100 _Au Eult 21, _ Tv? I$I to 2 _ Atoll or .r then Yeiwr -te I~ I 4 LAND 4PpgAISAL CRT' VfA •,.1 'K' i~S.Q Wd 9rPr^:I ,"01.11 Peach Street 6 North Locust _ Oeacoa Ca."y Denton i IIr. Texaa~ t/n•,,o, -J3~'~}~'-'--' dY ON%, i Lot 1. Lee.3yPle Addn., 6 itta ill 4. H. Meianhelmer Survey. 2108. If Of land 1.Y.'411 MIA DIY 31104 Laln T* rn w ~,ar fir dao Oeh•, Igppe .eo'.,r¢ M I_ ulvaa =7/ Vin---, w-p n ~ 1l,gt r' Lwn .rpl, 0 8.r drd :•N'~r1 q^1•u„e]" Loner C'^rnl MY of Dea[oa • cpla"l ar.1f 0x9"111_ Yatant __.do•ewrhea Weaver I".. onl'r.ao•tw Ticimate merkac value lever GO&O. SPA Lw1a0^ KT.. ota, CI,", e.04 FLO,r -I% C71\ 4 Is% Cw'e01 21\ d-eo.-r'Sn¢.Ih 010-1,04% r- r,"Oh CAN" ^rnIdr so. :~Jf •,,,1 "0410.n Coyest^t 2e604 L' Gr.r^.N/'a l-a'¢.-r•r I..: CG :1 ❑ CGeen.^d :a^.•^0000 laced^d 7C1 19 N-dN 1.0rr 0S.r•p/ I. "C' F60 r l.dr. Can.....+w a 1, +eel Sr j] J_ LJ ,Ii I 7 edr 1 Val Cb1 u01 C,r l vat y4f.It. M 1.00"'1 Led VN 'a r I .1 Z t ^v yl ~ a ^^J 9Q\ r,- r _\7 1 1Tr ♦"n ♦t0 Ca--rrcn 11 nd"r 1K .r.1 r 10 v \n.Nnr L\4tlni ♦ IIH.YrP~^.'.1 ' I C,I^d1 a Not" Iwo dtl 1"111' ❑L.r, i'i 'J'p,nd wK1 '•,,orq Ca."I-0In, J ❑ r.d- 11 C....'er C 3110 ❑ w1da,^~NN Ol"DwI:r O.Nr 4'T a^da4^l 3. ❑ _-.\4cfn b,cl and 1 '11'a'I<.¢r ~ 'v1-. 0 I 4Wrl ot.i♦ 0"t, 491w 11110-0m .01100 WO wrOp,nlM .r.1 I s°, '•w^rM 1o01.,Inc1 a' 0^%4,01 :3 93 ❑ Cl y194 rl-ih ld, SL-,q -0 SO -r"1 w,¢a-,nnl Ale 15 r1 lows r ior.r ❑ Z ❑ rI Ca--Mn W~W,Qr"tl'.tnn'I.r104 V W10.0'10'I Nln"y-Y.r1Y^h 41011'4Ir.1 Al. wl nr.,IN TjtiLsubl*ct is a vacant Diet at prapartr anA a la. v1r6 . hauaa. the erQpetrlsy aAloln uth other and are bounded by Pesch ft fell.!. Park 1 9- el]•t at- Th..r.•tt TRAJZJ to 0"0x1.0 t!1111111" the !,meal lot in the neishbo[hood oM"I•r"s See cached survey 14.46 10$I:rJeds j]crw Co Lten~ne llYr~aa0, Single tautly - 1 r•rwni -Ya.l-rrl 7Ja 0 a4 "el canro'T'o.on-l O",o gad "I'1•••1IN 011.+M 6•nwl.tl ❑Orw 'la«yl I1 0.014 Opt, .0m,do On W-O,[41411 hd¢ SAW1 CO a 00 nt soul r« ® all LT~, n.hd y.•.rl an Smaller than standard neat oc oo of a« Nshalt Y'.w [rretular 44lr MI+'r-rc/ :K•.l-c ::A.r/ Vo view amen L[r observed sla 10-l• 3 C1'" sew" 3C.n S.nr o•*=.dr ADPesrs adequate Crr•e/'d'0.^l t/al l•. 1w.dn ~VNI L 914 M ar or"mr, 40114 rI NOW 4M0004$We IMe 4YYl&WI TL 40 C: a0-Mall I~I,&"l1114.0104N4W,NM•Imli ld,Yw 46111 Y4nJINMn4 V fin"u./.N toner y11 lhe[a We re a0-myu ~ a.aainan/•. anerOAch .nra IF ;dreru eAmAleinna nhurvedat the tint of insoaction. This Property rod, 11~ t.• Pnnta Awlea- Thin apeea/u1 t dan as l1 "rant and inclu4to the city "N ✓¢I9'd^« -II N." M ...V, WIN M Y0wI« •0v op 41 aN rO.T 1r/ Y 1.0AC1 MO YI U W 0rp m/y n IN • PW tH.41 nY Mlt~ dnYl K'.0N I d¢,Y 1e.11Mwli .014, 1tlW $r,0tl hippo 31lldlNlM.dlre W~ Me K04t1010¢C-OPbN 10w"Itl Nt1, dnJ4nf '1-n In /:0-OI•tl4 Yawry lLMi'do w-0^0 MI04 Y, T bH II 1 T/ 1 T. O04x1t IWW~•'tlrua-r.1-Iw'•.1'«.t^10'MN d~Id«I~dL1nd,[.'1 hiT n-/,d-CY4¢•1n'rPY Ytd ' 4".04x' r I &A 1O1.11rrr I T tl/ !r.I N•.10y T1 .1x144¢ 4A 21 31 M 1.04x1 IfaV ..04d'wa0wl4 CCI•.1.rat\01 ^,aVNllatr bOi 7:Yh4.al1 ♦O I $MINI (Pesch street t.41,s-1,Cooper Cross L-19,6-D,Coi Crass L-11,1-!.Cooper Crass n • atom. texas Dori x.100 Denton !exam a .M1 etas nor h mile north _ m a nor!. k 15,500 500 l4 b3d T; 6Qff 09 s x,09 et Penton say Reeoeds ~I4'dl ll4 re 01fGr,1 •rqM auairnay al mop, ON M CISCeJ•'OM ow Id, "pill present 6- 6-1s- 11-17-87 496 e r 000 l v 6 assf 1700 Av s 'r i v amt AYR/Rigid w ! Witter W I Voter WatsT SMr Iwo r SOVeT d,nMli 1w 0 d ~ C#1% Cash GPh 1= Ison aw _ 16,100 40]01110 rwle 1 • _ C _ _ asaan ILI-COO lb 100 CI.nOwhi wllWw de O homes lust QOTL O t e subject. The ■taadard tot Lt 700011 a•~ ca~Jlutldera are 000!00 up to 1 T m 701f the let 6700mf aal let axes, Additle 1 let ayes q fa 91-L1.1 "s oosr that they oamp"ai lLbdrilladeMe are 18. llat alM .111a1. This is tyeteal eP tees 1 the area, This _ aubjaet stir hoe a Aauae led the ailou a ~e_~••Lelatema not useable for anyth as arts besides and ores ter let 1 Le Poo. J.dae Lt Sm not uNSble Tor another let. d-w 11 lnn.wa --ne Nartet Data aoproach t■ eoulderad clt~ut lndt<ats value for Weir landin 11 the beet indicator 16 t61t_tyd j_P14is SAiirD941ttco2a-iti[P is-dtitra Amaunt^ a an_ itr,wn mmndP11A1tatrPealaenasOP ft'.. Idrdw r u/'r,e 4 Slen ':eaver ferry L. Cate, SPAr•, 8..',t. I . u. 'F r i ~ i { E I' ~~r,o~ ~ I P R, c,w. E } i, ~ Gor / a ~ , w aas~ 7s ° ~ ~ Gets--r~O' i ,son✓, ~ I I Co r ~ St, ~ \ I ~}+~~"i+S.x'b~~'*~Sr L.A~~j;1kv vfu tr.. i ,~a_r~ f ti r D-43 - . , N~ ORTH ~ ~ , craw PIZ o L. srTs + LM II J ~1 J NACGAIID lN. r rp.+gy+~ ' M , aoo❑ JRi~--J®❑a J CAR L ~■eereN ~ , - CRESCENT 4 ~ J ❑D r L-j Li F7 U7t-tn nr--, r^-~ M~j I R 1 P6. Dlinutes September Y8, 1986 Page 9 Dlr. Robbins suggested a smaller Eee for the smaller tracts. Dlr. Holt stated that the clti:ens have an immediate problem. To institute a sliding stale wouli require further study. , Dlr. Robbins pointed opt that the reduced Eee staff is recommending does not ieElect the actual case. [t is Just soaething to help the people. hb . Evans stated that one possibility is to set conditions sn that for so many lots, acres, or property owr.e[s there would be no Eee. I F1s. Brock agreed that the fee should be waived or reduced. Ms. Evans stated that xoning cases take 6 - 8 weeks for processing and that It will take about four weeks to get a fee change approved. Flr. Holt pointed out that if the cummalatlve xoning ~ stillabeeuncoope utivetbecausenof~theruntertelnpEuturrv.euld • Mr. Robbins suggested that when people request downtoning the master plan could automatically 6e conru1ted and a ~ whole area downxoned, if needed. ~ downxoningsingthee5outhridge area wSthhneSghborhoodiate assistance. thelrupropertyddowntoned~ people who olght not wish to have Mhelrvsubdtvlsioneplataandhmarklihrolotsdtobbelchangedy of 3' Ms. 9rotk that the Clty Initiate dountoning on the y Southrldge properties with neighborhood assistance and that I, the discussion of fees be tabled until the next meeting pending more infornatlon. Seconded by Ms. Morgan and I unanimously carded (4-0). i Mr.TMglt^i=tLr:-Beating. D 1ocatedratothennortheast cornerloEoh'orthyLocust endpPeach streets. (D•13) F1s. Evans stated tAat the City is requesting disposition of t property left over when the Clty reconstructed the inter- ~ section of Locust and Peach Streets. Two appraisals have ; been done, The seconded one Found no slur n the property for the Clty. The City does not wish to laaln uin the ~ whophasybeen malntalningtthe lande deeded to Mr. Hardesty ; Ms. Brock asked tf Mr. Hardesty wants tAe property. Ms. Evans setd yes. It was moved by Mr. Glasscock, seconded byrovalMafgthesnd unanimously tareppled {5-D) to tecam~nend app LocustlandnPeachr5ireetsl(Da1S),at the lntrrsettion of E. Make a recomoendatlon on proposed annexation of epproxi- eately 135 acres located south of Mills Road, east of exlstinggtity lls~lts~th(AFSSjKlnney Street adjacent to t P4- Minutes September 28, 1988 Page 10 SIAF!F School0.uistrictMrequested annexationtofha tractnofnlandntont be used for a new high school. Staff presented City Council with three options for annexation in the area. The Council chose the present configuration for annexation because of cost and because the con iguration follows streets. The school district will be extending water and Project will be sewer lines their stte but e Capital water and improvements sewer to necessary the remainder of necessary to p t the area in the near future. A major cost in the future for the City will be the rebuilding of Mills and Mayhill are roads. immediate pproperty ` have been notified been expressedoabout Rncneasedataxes tand in- serviedabysTefor xasnUtilitiesl.otShe sald+ ac currentlyu c the chool reasons nbeing this industrial amiss s tloniwRllnbeiforwardedatodtheTCity council. Staffmrecom- mends approval of the annexation. DECISION: Ms. Riker moved to recommend appren loof the pro'-posed annexation of aPPr south of Frills Road, east of Maynlll Road , and north of McKinney Street (A-55). Seconded by Mr. Glasscock and unanimously carried (5.0), F. Consider a plan to remove protected trees in conjunction with proposed temporary drainage relief project for Alexander/BaileY street area. Mr. Svehla stated that the area for the temporary drainage ' reltef plan Is between Alexander and Morse Streets. The same Swale that runs through Fred Moore Park also runs through this area. The area is cluttered with debris. j Drainage improvements funding for this area has been been approved in the Capital improvements Program. The problem has been discussed with the neighbors and the proposal now is to remove the debris and clean the channel as a anentecan be j orary drainage relief until something mote pe a but will i done. this proposal will not fix the problem help. Three trees will need to be removed. One of the trees is dead, another The iremovalaofythdead, and es. treestis necessary alive and growinng. to make the drainage channel more efficient. Staff has talked with Mr. Wilkinson, a neighvor, and he has no objec- tion to the removal of the trees. Ms, CarstarponentasE the unable to be contacted, but e has been improvements. These three trees+would ultimately drainage impmpr have to be removed when permanent drainage improvements a done. It was moved by Ms. Kiker and seconded ydMr.Kaminn to Eor approve the removal of the three protect conjunction Streetaarea, Motion carried IS-0) the Y. Set Planning and Zoning Commission meeting dates for November and December, 1988, Mr. Kamman Suggested that the regular meeting dates in October remain the same. for November, he suggested the 9th and 30th. Ms. Brock asked if ther would be a problem if the Commission only met once In December. l NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ABANDONING AND VACATING A PORTION OF THE PUBLIC STREET RIGHT-OF-WAY LOCATED AT THE INTERSECTION OF PEACH STREET AND NORTH LOCUST STREET, AS MORE PARTICULARLY DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDA'; it ACTION I. That the 2,138.39 square feet of the public street right-of-way located at the intersection of Peach Street and North Locust Street, being more particularly described in Exhibit "A", attached hereto and incorporated herein by reference, is abandoned and vacated; provided, however, that there is hereby expressly reserved and excepted from vacation and abandonment for the property, a utility easement for the purpose of constructing, reconstructing, repairing, and maintaining underground utility and drainage lines and facilities. sFCTiON Ii. That by operation of law the City of Denton's property interest in the street right-of-way herein abandoned and vacated shall revert to the abutting property owner, whether one or more, and the City of Denton hereby releases all claims to the use of the property for street purposes. SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1988. f, RAY STEPHENS, MAYOR ATTESTS I JENNIFER WALTERS, CITY SECRETARY V, APPROVED AS TO LEGAL FORMt DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BYs V HINIMM I TIM= 7713= 1 X.U I - 4 i I Mr= f rrT= l i 7 -1 T-1 .1 A 1 December 13, 19888 CITY COUNCIL AGENDA ITEM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Lloyd Harrell, City Manager _ SUBJ: CONSIDER SUPPLEMENTAL AGREEMENT N0. l TO THE UNTREATED WATER CONTRACT ET N THE TS ES IOF DALLAS NSTALLATION D OF DENTON THE CITY OF DENTON HYDROELECTRIC .ACILITIES ON LAKE LEWISVILLE. RECOMMENDATION: The Staff recommends approval of subject contract. SUMMARY/BACKGROUND The' City Council reviewed this item at their Work Session of November 22, 1988. Supplemental Agreement No. 1 to the Untreated Water Contract between the Cities of Dallas and Denton establishes Denton's tandh rights regarding Dallas' respective hydroelectric tucbine positions nLake Lewisville, The essence of this contract is that Dallas agrees not to install a pipeline from Lake Lewisville to their Elm Fork Water Treatment Plant until the year 2005, and that Dallas does not object to Denton's installation of a hydroelectric turbine generator. This agreement establishes that all celeasroforr~the Lewisville will continue to be controlled by Dallas purpose of.providing water to Dallas' downstream water plants. the ndothat the cumentationtrelati Denton has Thisi omaintained the same ofposition our FERC license. Dallas also -agrees to obtain a non-consumptive water right k permit from the Texas Water Commission for the hydroelectric turbine. 'this non-consumptive water right will allow Denton to f use the permit for hydroelectric generation. Denton agrees to pay fees ththat e costs may b of securing this permit and any periodic permit i Denton also a9thes FERCuor othersaswho ay eatvent totimpose initiated by criteria whi^h would cause water flows through the turbine whit may result in the loss of water from the reservoir systems. f Denton agrees to provide Dallas 1.25 million KWH/Year from initial operation into 19950 2 million KWH/year from 1996-20001 unitestawhicheverof the pli2 of 1 hydro the pipeline comes or decommissioning first. r I 4 i CC Meeting Page 2 I Payment for these KWHs will be based on Dallas' average electric power costs of the Elm Fork pump station. This represents approximately 109, 158 and 208 respectively of the estimated 12,500,000 KWH/year electrical output of the turbine generator. Denton will retain ownership of the hydroelectric plant and will not sell or sublease without Dallas' agreement. Denton also agrees to provide Dallas with a blind flange connection upstream from the turbine for Dallas' future connection to the pipeline. Estimated cost of this connection flange is approximately $25,000. It is anticipated that this agreement will be submitted to the Dallas City Council for their consideration on December 14, 1988. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: City of Denton, Denton Municipal Utilities, Dallas, Denton, FERC, Texas Water Commission, Legal Department, FISCAL IMPACT: See summary above. Res tfully Witted L d Harrel City Manager P pare / proved by: R. E. Nelson, P.E. Executiv Director of Utilities { Exhibit I Proposed Supplemental Agreement it II ordinance I E 1 I 6182U:3-4 i k r ''~J 2582E NO. I AN ORDINANCE APPROVING SUPPLEMENTAL AGREEMENT N0. 1 BETWEEN THE CITIES OF DALLAS AND DENTON; AUTHOP,IZING '1HE MAYOk TO EXECUTE THE • AGREEMENT; APPROVING. THE EXPENDITURE OF FUNDS THEP,EFOR; AND PROVIrTNG FOR Ab' EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Council hereby approves and ~ autho-~e'-'~ ie Mayor to execute S~~pplemental Agreement No. 1 between the Cities of Dallas and Denton regarding the use of the City of Dallas' Lewisville Lake Outlet conduit and water flo•.+s and the City of Denton's proposed Lewisville Hydroelectric 'Turbine, under the tero~8 and conditions contains: in said supplemental agreement, a copy of which is attached and made a, pert hereof. SECTION II. That the City Couacii authorizes the expenditure of n s n the mannfir and amount as specified in the agreement. ' SECTION III. That this ordinance shall become effective i imme e3T'~ET upon its paaeaga and approvet. ~ PASSED AyD APPROVED this the day of 1988. i ATTEST: I APPROVED AS TO LEGAL FORMS DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY. ~t.~ .~''1~ I SUPPLEMENTAL AGREEMENT NO, 1 TO UNTREATED WATER CONTRACT BETWEEN THE CITIES OF DALLAS AND DENTON 1. Exhibit F to the original Contract, dated August 71 19850 is amended to add the following Paragraph 2A: Regarding the use of the CITY OF DALLAS' LEWISVILLE LAKE OUTLET CONDUIT AND WATER FLOWS and the CITY OF PENTON'S Proposed LEWISVILLE HYDROELECTRIC TUR81NEl the Cities of Da11es and Denton agree to add the following operational conditions., A. Dallas will not exercise its right to transport water through the proposed pipeline from Lewisville Lake to Elm Fork Water Treatment giant until the year 2005. 6. 061111 will not otject to Denton's installation of a hydroelectric tuOlne generator on Dallas' Lewisville Lake Outlet conduits for operation in 1990, C. Dallas will continue to have complete and total control over determining the water releases from Lewisville Lake including water relessea passing through Denton's hydroelectric turbine. Such water releases shall be for the purpose of providing a supply of water to Dallas' on o hydroelectric runit swill beTincidental eneratito thef waterctsupply releases, The conservation of water for the municipal water system s use is the primary and paramount purpose of water release; however, 011161 will take into consideration the needs of the hydroelectric plant where feasible, no Dallas will obtain a "non-consumptive water right' from the lexas Water Commission for the hydroelectric turbine. My permitted right will be the possession of Dallas but Dallas will allow Denton 's use of such permits for hydroelectric generation use as required by Denton's FERC permit and as herein agreed. Any costs incurred by Dallas to secure such permits and any annual or other periodic permit fees shall be paid by Denton, Any such permitted right shall be subject to Dallas' right to use water for municipal purposes- in the event Dallas' need for municipal purposes requires it, Dallas may require Denton to cease hydroelectric operations, E. Denton shall work with and suppos•t Dallas, if any actions are initiated by the Federal Energy Regulatory Commission or its successor agency and/or other bodies that may attempt to impose jurisdiction or any criteria on Denton or Dallas, resulting from Denton's hydroelectric P on's water rights bores fa ee yields' offLewisvillenLakelor'upstream reservoirs, I SL - ti t construct a r ter intake and pumping facility for the Elm Fork Water Treatment plant in lieu of constructing F. in the interim, Dallas will costsw111 be required for the pipeline. However, additional energy Dallas to use the intake facility insl~ thoe fo11ow1nglamaunts:d Denton l wilt compensate Dallas for this energy i xWl I From initial opperation to petember 31, 21995 1 000 2,000 000 KWH/yr 2,500,000 KWH/yr From January 01, 1996, to From January Olt 2001, to pipe1ine1atton of continue he ommSssionstithe hydroele tricpunit, whichever Denton atibjiort o n willdec In ope llaswillenbe1 responsible «forr 611 Otherrecosts occurs first, at pa compensate Dallas. that related mounts of oelethe ctricityintake shallube based The themaverageocostoperh KWH above a Dallas pays for electrical power at the Elm Fork pump station. with the 0, andeDenton willenotdselle orr subllease to lany stayther organization{wDenton thout the prior agreement of Dallas. H. Dallas may, at its sole option, construrovShcngrDnllas notiiies Denton at any time during or after year 2005, p of its intent to construct and/or connect the pipeline at least one year in advance, 1, at lcast9ealtin size rovide no cot o existing DDallasaconnectionnupstream cfrom alas, connect the hydroeqq ulectr^Lon u shell oobtaie Dal tss approval of pthendesiogn fort the future use, De QentAn will transfer blind flan a connection before it is constructed, flae a pipinectlon,D11 clueing tthellbllneef/anget connection, Ito ' title itle I t Dallas whenever Dallas connects, the pipeline to the blind flange connection. agreed to pursuant to Paragraph 2 f a 2. EThe xhibitvF ofe the ioriginal Contract. shall 3, All other twee , s s ands Dentoo,tdatedaAuguost iIa 1986, o Co h l rarA n 0 Contract between Dallas shall been full fora nme d d, find dthis Supplement 1 tAgreementS6NO, previously a construed together is a single contractual agreement. I J PASSED AND APPROVED THIS day of 19 APPROVED AS TO FORM: CITY Of DALLAS ANALESLIE MUNCY, City Attorney RICHARD KNIGHT, JR., City Manager By By f ss s an y r~1eyy ss s n y"Manager i Su miS EO l7CitY CITY OF DENTON ATTEST: C i t Secretary By APPROVED AS TO FOR;: r City Attorney E ~ E i I i 1 # I I I I i N I i EXCERPT MINUTES OF PUBLIC UTILITIES BOARD November 16, 1988 9. C(NSIDER SUPPLEMENTAL AGREEMENT NO. 1 TO UNTREATED WATER CONTRACT BETWEEN THE CITIES OF DALLAS AND DENTON RELATING TO THE CITY OF DENTON S INSTALLATION OF HYDROELECTRIC FACILITIES Nelson explained that this agreement will attach to our Dallah Water Contract and remain in effect as long as the FERC License for the Lake Lewisville Hydroelectric Permit (50 years). This is Dallas' agreement not to build a pipeline until the year 2010, to support Denton's right to install a hydroelectric plant on Lake Lewisville, and several other items relating to this issue. LaPorte made a motion to recommend to the City Council approval of Agreement No. 1 to the Untreated Water Contract with Dallas subject to Attorney review. Second by Chew. All ayes, no nays, motion carried. i a f i i 1 i r { r AIA i t k ' i i i I DATES 12/06/88 CI'T'Y COUNCIL REPORT FORMAT W ' ~s TOt Mayor and Members of the City Council FROMs Lloyd V. Harrell, City Manager SUBJECTS CONSIDER A RESOLUTION ADOPTING THE BOUNDARIES OF TYE SPECIAL PURPOSE ACTIVITY CENTER As PAHI OF APPENDIX A OF THE DENTON DLVELOPMLN'P PLAN. RECOMM0DATIONs The Appendix A Task Force and the Planning and Zoning Commission recommends adoption. SUMMARYs The Special Purpose Activity Center In intended prim rily to emphasize the establishment of an industrial economic base in the vicinity of the municipal airport. This center contains approximately 3,000 acres of which tbout 500 acres fall within the flood plains, 600 acres are currently used for airport related uses, and another 400 ecros to be absorbed by future airport expansion. BACXGROUNDs i The Appendix A Taes: Force reviewed ,he boundaries of this center as shown on the working intensity map and agreed to extend the western boundary to Hi•kory Creek so ac to include an additional 150 acres of developable land. ! PROGRAMS, DEPARTMENTS OR GROUPS AFFECTEDs If adopted, the Special Purpose Activity Center will provide a larger area for industrial development. f FISCAL IMPACTt { The Special Purpose Activity Center provides the basis for utility E planning over the long term. I Res e ~ ly qubm t ds Prepared bys Llo• Harrell City Manager j Harry N,T~Peraaud, AICP Urban Planner r Ap o t a Ro ne Executivo Director for Planning and Levelopment 1042e/1 r I 4 IV. CONSIDERATIONS D. Consider making a recomm~indation to eytend the western boundary of the Special Purpose Activity ;enter (Denton Municipal Airport). STAFF REPORT: Mr. Persaud stated that the Special Purpose Activity Center is bounded on the north by Jim Christal Road, on the south by FM 2449, on the east by I-35 and 1-35W and on the west by a proposed primary arterial connecting University Drive to the Proposed L:op 288. Mr. Persaud continued that the center contains a total of 3,000 acres of which almost 500 acres fall within I the flood plain and another 400 acres are reserved for airport related uses. He said the Appendix A Task Force reviewed the boundaries of this center at its November 8th meeting and recommended (7-1) that the western boundary be extended to Hickory Creek incorporating another 350 acres of developable land, Mr. Persaud added that Sill Holt, Economic Development Director of the Chamber of Commerce, is monitoring this area and he felt the area would give more us3able land for them. i DECISION: Mr. Glasscock moved to recommend approval for the boundaries decided upon by the Appendix A Task Force. Seconded by Mr. Engelbrecht and unanimously carried (7-0), 1 ~ i I M 2569L RESOLUTION NO, i i A RESOLUTION ADOPTING THE BOUNDARIES OF THE SPECIAL PURPOSE ACTIVITY CENTER AS PART OF APPENDIX A OF THE DENTON DEVELOPMENT PLAN; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Denton Development Plan requires that the included in Appendix A boundaries co cof the onsidered intensity Citareas to b y Council; and should be WHEREAS, the Appendix A Task Force and the Planning and Zoning Commission considered the boundaries for the special purpose activity center ndE hereby recommend its adoption as part of Appendix A; , THE COUNCIL OF TKE CITY OF DENTON HEREBY RESOLVES: is adopted SECTION I. That the boundaries for the special purpose ~center, a co of which is attached activ ty of A of the Denton Development Plan. as ~-art of Appendix SECTION II. That the City Secretary is hereby direct which i attac a copy of this resolution to Pesolution 88-057, 3 provides for the adoption of the Denton Development Plan. k SECTION III. That this resolution shall become effective upon-Its passage and approval. 1988. PASSED AND APPROVED this the day of 1 ~ f k 1 ATTEST: i I j JENNI~ f APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY O ' mow` BY, i i I SPECIAL PURPOSE ACTIVITY CENTER ago a i 000 .t ~ ~ Ftiipa ~ N d oar j i r. • : ~y1 6 ~J PR P S - lv F~f # ; . I. at i . . e1 T140180UND ► Y }s'•ixo'DAtb ii13dO I I r 11 Bill ifill-Lill 41 I i 3 a i 1 i i J 1 V DATE: 12/02/88 CITY COUNCIL WORT FORMAT TO: Mayor and Members of the City Council I FPOM: Lloyd Y. Harrell, City Manager SUBJECT: CONSIDER A RESOLUTION AMENDING PARAGRAPH A.3.b OF' CHAPTER V Of THE DENTON DEVELOPAENT PLAN (1988) I RECOMMENDATION: The Planning and Zoning Commission considered this item at the November 22 meet+ig kind voted 7-0 to recommend adoption. SUMAARYt Paragraph A.3.b of Chapter Y is to be emended to read as follows: "Appendix A to the Denton Development will incorporate (a) A standard methodology for intensity analysis and (b) The toundaries of the intensity areas. This appendix is to be developb- by a committee comprised of representatives of the five planning areas, the Planning and Zoning Commission and the Land Use Planning Committee. Appendix A will be approved and updated by the planning and Zoning Co:unission and the City Council in accordance with the update procedures set out in the Denton Development Plan. The Executive Director for Planning and Development shall be responsible fox preparing and updating the intensity calculations for each of the moderate and low Intensity areas In accordance with the standard methodology and boundaries contained in Appendix A." BACKGPOUNDt The policy in t,.e plan requires that the technical analysis and s details of the intensity area. are to be adopted by the Planning end Zoning Commissioi and the City Council. The analysis and details include the intensity calculations and update. Updating the intensity calculations will be done on a regular basis whenever zoning is changed or land is developed. It will be a cumhersomo I procedure to require City Council adoption by resolution every time i the calculations are updated. 4 PROGRAMS, DEPAR'TP.ENTS OR GROUPS AFFECTED: Not applicable. FISCAL IMPACT: Not applicable. Rea .tfully,aub led: Prepared byr L1 d V. Harrell City Manager arry N Persaud, AIUP Urban Planner App t . Robbins r'• Executive Director for Planning and Development 1042e/2 DRAFT E. Consider making a recommendation on a claritication cf a policy in the Denton Development Plan with respect to the content, adoption and updating of Appendix A. ,STAFF REPORT: Mr. Persaud stated that, currently, staff brings to the Commission the boundaries and calculations for an intensity area for recommendation. He said that the clarification of the policy will allow staff to consider the boundaries and would later approach the Commission with the areas tog6ther. He added that thie would only be done occasionally. He said that section A.3.b. on page 98 of the Denton Development Plan refers to the contents, adoption, and updating of Appendix A. "The appendix to the Denton Development Plan will incorporate the technical Analyses and details of the intensity areas including locations of boundaries. It is recommended that this appendix be initially developed by a committee composing similar to the following; the planning and Zoning Commission, the Land Use Planning committee team captains and neighborhood representatives of the five planning areas, the appendix will be approved and updated by the Planning and Zoning Commission and the City council in accordance with the updatb procedures set out in the Denton Development Plan." Mr. Persaud stated that the phrase "technical analyses and details" refers to the intensity analysis and calculations for each intensity area. In practice, the intensity analysis and calculations are to be continuously updated. Any time zoning +s changed or a tract of land is developed, the intensity calculations will need to be changed to reflect new zoning and existing land use. He sai- it would be a cumbersome oroct:,.ore to require that the Planning anJ Zoning Commission and City Council approve the calculations every time they are updated. Mr. Persaud said that staff is proposing to clarify these gui6eiines to read as follows: "Appendix A to the Denton Development will incorporate (n) A standard methodology for intensity analysis and (b) The boundaries of the intensity areas. This appendix is to be developed by a committee comprising J oZ Minutes November 30, 1988 Page 2 D RAFT representatives of the five planning areas, the Planning and Zoning Commission and the Land Use Planning Committee. Appendix A will be approved and updated by the Planning and Zoning Commission and the City Council in accordance with he update procedures set out in the Denton Development Plan. The Executive Director for Planning and Development shall be responsible for preparing and updating the intensity calculations for each of the moderate and low intensity areas in accordance with the standard methodology and boundaries contained in Appendix A. Ms. Brock stated that staff would not be changing the bot,ndaries but would be changing the calculations. Mr. Persaud agreed. Mr. Engelbrecht stated that the calculations were designed after the Plan was approved. He asked if this was gust an administrative detail. Mr. Persaud said yes. Me. Brock otstsd that the policy should be changed to read This appendix is to be developed by a committee com°rised of representatives . DECISION: Ms. Brock moved to recommend approval on the policy with the changed requested. Seconded by Mr. Glasscock and unanimously carried (7-0). y r V 2570L NO. DEVELOPMENT~~PLANN(1988); ANGD PROVIDING FOR AN P FFECT VE ATEDENTON WHEREAS, the Planning and Zoning Commission has considered an amendment to paragraph A.3.b of Chapter V of the Denton Develo went Plan andTHhereb E recommends its adoption -by t e C1ty ounc ; , THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That paragraph A.3.b of Chapter V of the Denton Deve opment an is amended to read as follows: Appendix A to the Dent for Deint np it t aill in s rpndat the standard methodology Y boundaries of the intensity areas. This appendix is to be developed by a committee comprised of representatives of the five planning areas, the Planning and Zoning Commission and the Land Use Planning Committee. Appendix A will be approved and updated by the Planning and Zoning Commission and the City Council in accordance with the update procedures set out in the Denton Develo ent Plan. The Executive Director for Planning an eve opment s a 1 be responsible for preparing and updating the intensity calculations for each of the moderate and low intensity areas in accordance with the standard methodology and boundaries contained in Appendix A. i SECTION 1I. That this resolution shall become effective imme ate y upon its passage and approval. 1488. PASSED AND APPROVED this day of i ~ r ATTEST: i E R ' C APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CIW ATTORNEY BY . ►7 ' f " `r'a`y- . I M E I 1 ~ ~ I 1 i c ` , V t DATE: 12/U6/88 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd Y. Harrell, City Manager SUBJECT: CONSIDER A RESOLUTION ADOPTING THE TECHNICAL ANALYSIS AND INTENSITY CALCULATIONS FOR AREA #41 AS PART OF APPENDIX A OF THE DENTON DEVELOPMENT PLAN. RECOMMENDATION: The Appendix A Task Force and the Planning aid Zoning Commission recommend adoption. SUMMARY: The calculations for intensity area #41 (attached) is submitted for your consideration. Intensity area #41 is bounded on the north by Mingo-Fishtrap Road, on the south by University Drive, on the east by Collins Road, and on the west by Cooper Creek Road. The calculations show that this area is 7 percent above capacity based on existing land use and 36 percent above capacity based on current Zoning. i BACKGROUND: r i The technical appendix to the Denton Development Plan (Appendix A) s will be comprised of 1) a standard methodology for intensity I analysis, 2) the boundaries of intensity areas, and 3) intensity calculations. The policies in the plan require that all three components, including the update, be adopted by City Council. i City Council has adopted the working intensity map (Sept. 20) showing the interim boundaries to be used as a part of Appendix A while the Appendix A Task Force finalize its recommendations. City 1 Council has also adopted the methodology for calculating intensity. i The methodology to included in the Denton Development Plan. Council still needs to adopt the intensity calculations for an intensity i area before a eoni.rg case can be considered. I PROGRAMS, DEPAETfiENTS OR GROUPS AFFECTED: Not applicable, FISCAL IMPACT: Not applicable. I~ Respe ully_~' m dt Prepared by: Lloy V. Harrell City Manager i N E Harry N. Persaud, AiCP Urban Planner Ak ved: H, Robbins Executive Director for Planning and Development 1042e/3 r 1 1 ciryof DENTON, TEXAS MON10PAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 566.8200 j MEMORANDUM DATE: November 9, 1988 TO: Mayor and Members of the City Council F THRU: Frank H. Robbins, Executive Director for Planning and Development FROM: Harry N. Persaud, Urban Planner SUBJECT: Intensity Area 041 Thz technical appendix to the Denton Development Plan (Appendix A) will comprise of 1) a standard methodology for intensity analysis, 2) the boundaries of intensity areas, and 3) inten- sity calculations. The policies in the plan requires that all 1 three components, including the update, be adopted by City Council. E City Council has adopted the working intensity map (Sept. 20) V showing the interim boundaries to be used as part of Appendix A j while the Appendix A Task Force finalize its recommendations. f City Council has also adopted the methodology for calculating intensity. The methodology is included in the Denton Development Plan, Council still needs to adopt the intensity calculations for an intensity area before a zoning case can be considered. The calculations for intensity area 041 (attached) is now submitted for yDur considorations. Intensity area 041 is bounded on the north by Mingo-Fishtrap Road, on the south by University Drive, on the east by Collins Road, and on the west by Cooper ; Creek Road. The calculations chow that this area is 7 percent above capacity based on existing land use and 36 percent above 1 capacity based on current zoning, The Appendix A Task Force and I the Planning and 2oniny Commission recomnends that the calculations be part or Appendix A to the Denton Development Plan. If you have any questicns, prior to the meeting, concerning this matter, please feel free to call me at (817) 566-8350. i iV v ~ Harry N Persaud, AICP db J ti l LAND OSF MANAGEMENT INIORMAI ION SySIEM PLANNItIO ANU UEVELOEMLNI ULNARIMLNI CITY OF DENTON _ Intensity area k: 41 Ivpe: LOW Intensity trlps!Ac 60 _ Traffic survey nines: 6542 Boundary Description: North: Minqu t Road South: University Drive Date: 12/01/88 East:* CollIns Road West: Cooper Creek Road -----PLANNED DEVELOPMENTS LANG USE------CURRENT 1014111,111 LAND CAM, RY UNITS ACRES INTENSITY ACRES INTENSITY ACRES UNITS INTENSITY SF-16 < 22 18.12 220 0 0 0 0 SF-1D>16 0 0 0 0 0 0 0 0 0 0 0 0 0 0 SF-7$10 0 0 0 0 0 0 LESS SF-1 0 0 0 0 MOB.HOMES 27 5.65 270 0 0 11.5 100 1000 DUPLF% 0 0 0 0 0 0 0 0 0 U 4 U U 0 0 U MF-R 0 0 0 0 MF-1R2 0 0 0 rUM/RFT 0 1.12 4628 0.6 390 2.00 0 1306.50 OFFICE 0 0 0 0 0 J IND11S1RY 0 5.36 b62.8 113.05 11810.25 0 0 0 INSTI'NAL 0 0 0 U 0 0 0 0 0 NARKS 0 0 0 0 0 0 0 U 0 R/0/SPACE 0 0 0 0 D 0 TRANSPORT 0 29.74 0 0 0 0 AORIC. 0 0 0 91.38 0 0 0 0 VACANT* 0 329.15 0 111.21 0 0 0 0 TOTAL 49 395.16 5681 316.24 12260 13.51 100 2301 INTENSITY CALCULATIONS (A) Existinq Land Use 395.15 tlwea 6U 2?145 (1) intensity area total trips G681 (2) Trips ai=8ted to exlstinq land use r,0 14165 (3) Trios allocated to vacant lands 329.15 times 141 Estimated unallocated intensity trips Mmlrnus 121+131 -1?0! (51 Percentage of intensity trios allocated (B) Current zoninq (1) Intensity area total trips 495.16 times 6U 23145 5681 12) Trios allocated to exlstino lend use (3) Trios allocated to current toning linal. Dlanned dove l~um?nts) 14561 (4) Trios allocated to vacant lands not zoned plus Agric. zpninq 12155 (51 Estimated unallocated intensity trios Ilminus121~131+f 41 -8658 fat Percentaaa of intensity tries allocated *v.,cant areal outside city limits with no zonina:IAcsl 111.21 r N I i B. Consider makinq a recommendation on the petition of Sic,piela Interests, Inc. and Paul S. Unzicker, Inc. requesting approval of a replat of Lots 1 through 23 and Lots 42 and 43, Block A, of the Woodlands of Township II, Subdivision, into Lots iR through 16R and Lots 42R through 52R, Block A. The Purpose of the replat is to resubdivide the existing residential lots into larger residential lots, maintaining the planned development zoning. The proposed replat is located west of Colorado Boulevard; is accessed by Wilderness Drive, and adjoins Wilderness Drive, Kenwood Road, Fox Hollow Drive, Timberidge Road, and Colorado Boulevard in the City and County of Denton, Texas. Eighteen notices were mailed to property owners within 200 feet; fcur reply forms were received in favor and none were received in opposition. STAFF REPORT: Mr. Yost stated that this is a 8.04 acre tract zoned PD-6, and single family residential development is anticipated. He said that currently, the single family lo*c, are approximately 43 feet wide and If the replat +a approved, the lots would be 68 feet wide. Mr. Yost continued that city services and facilities, including water, gas, sanitary sewer, telephone, electrical, and solid waste, are available. The plat conforms to the minimum requirements of the Denton Subdivision and Land Development Regulations. E I Ms. Brock asked if a portion of Lot 62R would be I changed from cluster housing to single family, Mr. Yost said yes. i QES.TIONEB: Lynn Meyers, 8100 Stemmons Dallas representing Siepiela Interests, stated that the purpose of the replat is to change the size of the lots. He said that the single family housing would be built. Mr. Meyer added that the planned development and preliminary replat was approved ind asked the Commission to approve the final replat. j IN_F_AVO None present. PPQ OSED: None present. 8EE.4bi END.AUQN: Mr, Yost stated that the Development Review Committee recommended approval. 810Q TAL: None Offered, Dfi1I 2N: Mr. Holt moved to recommend approval of Lots 1 through 23 and Lots 42 and 43, Block A, of the Woodlands of Township II. Seconded by Ms. Morgan and unanimously carried (7-4). F V i 2548L RESOLUTION NO. A RESOLUTION ADOPTING THE TECHNICAL ANALYSIS AND INTENSITY AND PROVIDING FOR AN EFFECTIVEDATE F THE DENTON CALCULATION FR DEVELOPMENT PLANA X WHEREAS, the Denton Development Plan requires that the technical analysis and be considered intensity by calculations the City Coucil; and included in Appendix A should WHEREAS, the Appendix A Task Force and the Planning and Zoning Commission considered the technical analysis and the intensity calculations for Area No. 41 and hereby recommend its adoption as part of Appendix A; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES! SECTION I. That the technical analysis and intensity calcula- adopted as part of Appendix cApof the which Denton Development Plan. hereto, is SECTION II. That the City Secretary is hereby directed to 'co of this provides for the adoption of the Denton Dev lopment Plan 57' which SECTIO!' III. That this resolution f.hall become effective upon is paasage and approval. PASSED AND APPROVED this the day of 1988. 1 { 1 RA STEPHENS, M i ATTEST. JENNIFER , CITY SECRMW APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY. 1 f i 4 I 1 k i I I 1 I 11 1 1 i i I IF I IF f UA'itl 1L11j/5d Tut Mayor and Memcers of the City Council k'x01! ioyd V. Harrell, City Manager Sl HjEcTt CONSIOLK A HkSOLU'TION AUTHUK1ZiNG 'i'hE CITY uANAGhx f0 SIGN AND SUbMiT 'fu 'iHE 'J LX S H1S'i'Ux1CAL LUMM1SSION A ALQUktii' FUR CEKTIFIEU LOCAL GUVERNMkNT STATUS. KkXOMt"DA1IUN t The Historic Landmark Commission recommended approval at their meeting of ?larch 14, 1958 SUMMARY: 'ihe Certified Local Government (GLU) status will allow the City to apply for a matching grant program administered by the Texas Historical Commission. the grants available may be used for pro- jects which will produce tangible results and further local and state goals of historic preservation, such as the identification, evaluation, designation, and protection of the locality's historic cultural resources. Such activities include technical or profes- clonal assistance for the preservation program of a local government, completion or update of the survey and inventory of local historic resources, nomination of properties to the National F~egister, the development or ,update of a historic preservation plan, and educational endeavors, programs, and publications. gAC KtrKOUN D: These grants are funded through the annual allocation of the Historic Preservation Fund (HPF) awarded to the Texas Historical Commission from the National Park Service of the U.S. Department of the loterior. A minimum ui ten percent of the annual HPk allocation is set aside for distribution to Certified Local Governments. Currently there are nine Texas cities with certified local government status. The cities are Abilene, Beaumont, Dallas, Corpus Christi, E1 Paso, Ft. Worth, Lubbock, Georgetown, and Nacogdoches. i PKUGAAMS UEPAK'1'MkNiS UK UKOUPS AFFECTLDI The Planning and Development Department will administer any future proje~ and manage any grant funds received. i i i 1 N City Council Page 2 Fis :&L IMPA1,1: I There is no fiscal impact it, makiag the request for CW- Future grants may require cash contributions to meet the city's match] but in-kind contributions do count toward the hatch. Respec ly submitted: Pre red by: iL1oy R to City manager Elie th Evans Pla log Administrator #jnjxecutive Kobbina D irector or Planning and Development 16U3x i { I I i I~ f I ~ I i I V 2559L RESOLUTION NO. A RESOLUTION BY THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO SIGN AND SUBMIT TO THE 1EXAS HISTORICAL COMMISSION A REQUEST FOR CERTIFIED LOCAL GOVERNMENT STATUS, IN ACCORDANCE WITH THE NATIONAL HISTORIC PRESERVATION ACT OF 19669 AND THE AMENDMENTS TO THE ACT APPROVED IN 19800 AS WELL AS RULES AND PROCEDURES FOR CERTIFIED LOCAL GOVERNMENTS PUBLISHED BY THE TEXAS HISTORICAL COMMISSION; AND PROVIDING AN EFFECTIVE DATE, WHEREAS, the City of Denton, Texas, is concerned with preserving its history and cultural heritage; and WHEREAS, the City of Denton, Texas, values its historic sit.,-3 and structures and wants to preserve them to maintain the character of the City of Denton; and WHEREAS, the Act required the City to make an application to the Texas Historical Commission, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. That the City Council of the City of Denton, Texas aut -oor rzes the City Manager to sign and submit to the Texas ; Historical Commission a Request for Certified Local Government Status and, if certified, to submit applications for matching grants. I SECTION II. That the City Council of the City of Denton, Texans auuttRorizes the City Man:Ager to designate and name a local preservation officer. SECTION III. That the City Council of the City of Denton, Texas,, authorizes the Executive Director of Planning and Development to handle all fiscal and administrative matters 1 related to the request and any subsequent grant applications, i SECTION IV. That the City Secretary is ho►aby authorized to furn a cop es of this resolution to all interested pasties. SECTION V. That this resolution shall take effect imme ate y upon its passage and approval. i i ' PASSED AND APPROVED this the day of , 1988. PAY STEPHENS, MAYOR ATTEST: i JMWff , CITY SECREMY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: I E r t i l i ♦ I l 19 ♦ i I r y CITY of DINTGN, TEXAS 215E. MOKINNEY I DENTON, TEXAS 762011 TELEPHONE (817)568.8200 MEI OjaAtjDU1t C DATE: December 8, 1988 s TO: Lloyd Y. Harrell, City Manager } FROM: John F. McGrane, Executive U.rector of Finance SUBJECT: WILLIAMS TRADE SQUARE PARKING We have received a letter from County Judge Vic Burgess requesting an extension of the lease agreement for parking j spaces at the Williams Trade Square parking lot. In addition to the extension, the County has also requested a reduction in the number of lease spaces to 15. k As you are aware, in the fail of 1987 the City and the County entered into an agreement to lease 30 parking spaces In consideration of S free parking spaces on the square, At that time, it appeared that approximately 30 employees would be using the rehabilitated County Court House, However, since that time the actual number of employees working in the Court House and requiring parking spaces appears to be IS. Under the new arrangement, the annual rate of $168.00 per lease space would still apply and would generate $2,S2U in revenue. Also, the term of the lease would still be November 14, 1990 and would be renewable each year. Should you have any questions iegardin~ this matter, please advise. { en Ac fiene~ G JFM:s~n 4047E 1 W r I 1B f i VIC BURGESS COUNTYIUDC£ v ! November 9, 1988 Lloyd Harrell City Manager City of Denton 215 East McKinney Denton, Texas 78201 Dear Lloyd: 1 would like to clarify Denton County's position on leasing parking from the City in the Williams grade Square parking area. E I # In November of 1987, Denton Coun}, 1^oved into the refurbished CHOS and leased 30 i{ parking spaces form the City. We did not exactly know how many spaces would be needed for the 10-14 staff. After twelve months, our average useage is 5-10 spaces per day. l I feel that continuing to lease 30 spaces when 10-15 is more than adequate, Is wasting county taxpayers money. Please f el free to call If you would like to discuss this further. Y r truly j N i Vic Burgess County Judge V]3/pr : t COUNTY COURT OF DENTON COUNTY COURTHOUSE-ON THE-SOVARE 110 W HICKORY 10 E N TON, If XAa 15 ?01 a 10 1713 810 2 98 • 1 600-346)1a9 N I 1982L RESOLUTION NO. ~ RESOLUTION AN PARKING EFFECTYE SPACES DATE, ON THE WILLIAMS TRADE SQUARE AND DECLARING WHEREAS, the City of Denton has improved and maintained the area known as the "Williams Trade Square"; and WHEREAS, such improvements include paved parking spaces; and WHEREAS, the City of Denton desires to lease parking spaces in order to recover the cost of the maintenance and improvements; NOW9 THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the Mayor of the City of Denton, Texas is here y au or zed to execute an a reement between the City of Denton and County of Denton to lease parking spaces at the "Williams Trade Square", a copy of which agreement is attached hereto and incorporated by reference herein. SECTION II. That this resolution shall become effective imme ate y upon its passage and approval, PASSED AND APPROVED this the 3Al day of1987. F } f ATTEST: I f APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: 1311/'-1L-= - - I 1982E THE STATE OF TEXAS 6 LEASE AGREEMENT COUNTY OF DENTON S This agreement is made and entered into on this 1Sth day of November, 1987, by and between the City of Denton, Texas, hereinafter referred to as Lessor, and Denton County, Texas, hereinafter referred to as Lessee WITNESSETH: v 1. Lessor leases to Lessee and Lessee leases from Lessor thirty (30) parking spaces at the Williams Trade Square for a period of one (1) year commencing on the 15th day of November, 19871 at an annual rate of one Hundred Sixty-eight Dollars ($168.00) each to be occupied as a parking lot only. 2. Lessee will pay the rent annually on the ISth day of November with the payment for the first year being due at the time this lease is executed. 3. This lease may be extended for a one (1) year period by Lessee giving to Lessor thirty (30) days written notice prior to the expiration of the lease or any rcnewai thereof of its intent to renew this lease, provided, however, that Lessee shall not i have the right to renew for any term subsequent to the term expiring on November 14, 1990. 4. Lessee agrees to allow Lessor to have free access to the premises; to leave the premises, on termination of the lease, in good repair; not to assign nor sublet the premises or any part thereof; and to hold Lessor harmless and indemnify Lessor from any claim, damages or loss resulting from the use of the parking lot as to any use of said premises by Lessee. Executed on this the "d 'a/V/day of 1987. CITY OF DENTON, TEXAS DENTON COUNTY, TEXAS BY. BY: _ COUNTY JUDGE i i I I 2571L RESOLUTION NO. _ RESOLUTION PARKING SPACES LOCATED ON THE WILLIAMS TRADE SQUARE AND DECLARING AN EFFECTIVE DATE. areaWknown astthe ~'WitH ama Trade Square~;oand and maintained the WHEREAS, such improvements include paved parking spaces; and { WHEREAS, the City of Denton desires to lease parking spaces in order to recover the coat of the maintenance and improvements; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the Mayor of the City of Denton, Texas is hereby aut or zed to execute an a reement between the City of "Williams n Trade County of oa tcopyt of which parking and incorporated herein. SECTION II. That this resolution shall become effective immediately upon its passage and approval. 1988. PASSED AND APPROVED this the day of ATTEST: r JERNI APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: N11 in" - I V ORIGINAL THE STATE OF TEXAS X COUNTY OF DE11TON I LEASE AGREEMENT This agreement Is made and entered Into on this day of , 19_, by and between the City of Denton, Texas, hereinafter referred to as Lessor, and Denton County, Texas, hereinafter referred to as Lessee. WITN ESSET H: 1. Lessor leases to Lessee and Lessee lessees from Lessor fifteen (15) parking spaces at tnu Williams Trade Square for a period of one (1) year commencing on the _day of 19-, at an annual rate of One Hundred Sixty-eight 3 Dollars ({166.00) each to be occupied as a parking lot only. 2. Lessee will pay the rent annually on the . day of with the payment for the first year being due at the time this lease Is executed. 3. This lease may be extended for a one (1) year period by Lessee giving to Lessor thirty (30) days written notice prior to the expiration of the lease or any renewal } thereof 0 Its Intent to renew this lease, provided, however, that Lessee shall not have the right to renew foe any term subsequent to the term expiring on , 1990. i i C 4. Lessee agrees to allow Lessor to have free access to the premises; to leave r the premises, on termination of the lease, In good repair; not to assign nor sublet the i premises or any part thereof; and to hold Lessor harmless and indemnify Lessor from any claim, damages or toss resulting from the use of th.., parking lot as to any use of said premises by Lessee. I V IN WITNESS WHEREOF, the parties hereto have executed this Contract to be effective the day of , 1888, t DENTON COUNTY, TEXAS CITY OF DEI4TON 110 West Hiakuy Municipal Building Denton, Texas 78201 D I enton, Texas 76201 `I By: By: G Honorable V c Burgess Honorable nay tephens County Judge Mayor AS LESSEE AS LESSOR j ATTEST: MARILYN ROBINSON, County Clerk and Ex-Officlo Clark of the ¢ Commissioners Court of { 1 Denton County, Texas f f By:. Deputy a I i APPROVED: j APPApy{O AS TO FOAM: MY OFA WON, TOM Rob Morrl~ Denton County Attorney i V f Copy ` December 9, 1988 REt 9-1-1 Public Hearings, December 15 and 20, 1988 Dear Denton County City Officials( David Purifoy and I represent you on the Denco Area 9-1-1 Dis- trict Board of Managers as appointed by the Mayors of Denton County. We have been working hard for over a year now to get countywide 9-1-1 service to the District, including your juris- diction. 1 need your help. It has become evident that the 6.27 per month per residential phone bill will not buy, install, maintain, and - operate a public safety answering point (PSAP) rt all the 24- E' hour dispatch centers in the District. The Board prefers pro- viding the originally proposed system that would have PSAP's in Carrollton, Lewisville, 1he Colony, Lake Dallas, Highland Village, Denton (city), Flower Mound, and Denton Sheriff's Office (county). However, our choices at this time aret 1. Provide the eight PSAP system by raising revenueb . e (an additional $2.16 per residential phone bill per year throughout the District)l or ! E. Provide an enhanced 9-1-1 system for the District that can be afforded at the present funding level (63.24 per year for each residential phone customer ` i in the District). t The system that we would be able to install at present funding f j levels would have PSAP's in Carrollton, Lewisville, Denton, and l at the Denton County Sheriff's Office, which would serve as a j County Neutral (Just as was proposed originally). In this con- ! !tguratiomp however, the County Neutral would serve the Lake Cities, The Colony, Flower Mound, and Highland Village in addi- tiun to the originally planned cities. This would be an interim system on our way to the originally proposed system as funds came available, i s 1 V I Officials - 9-1-1 Public Hearings 2 Denton County City December 9, 1988 We are having two public herrings this month that it is ir,pera- ` Live that you and your city officials attend. The first is on Thursday, December 15, 1988 at 7 p.m. in the Denton City Council Chambers. The second will be Tuesdayr December 20, 1988 at 7 p.m. at i.ewisvilleDelPleasedhelpcthelBoadrdtoutubyabeing at onenoflthese, hearings. In the meantime, if you have any questions, please call me. I ` the urgyou to e attend of your the Bord meetings I knowsthatuthenpostay ssibilitys of ca lesser system than what we had all anticipated is not good newsl however, acting for you and the entire district in a fiscally responsible manner may and the this one^of thee I us your inputtg , a hearings. Sincerely, 2 X4"e Olive Stephens Secretary, Board of Managers Denco Area 9-1-1 District i i 1111 i f 1 1 J I c 3 i E ~~1 D ~ ~F FILE