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HomeMy WebLinkAbout04-25-1989 i . k AGENDA CITY OF DENTON CITY COUNCIL April 25, 1989 Special Called Mooting of the City of Denton city council on which Room Denton, Texas llatDefense Tuesday, 215 19 E. McKiriney, p.m. in Halll 25, of city the following items will be considered: 5:30 p.m. 1. Consider approval of a resolution authorizing the submission of an application to th`oC'e a xa; Drug Criminal justice Division requesting funding -"1 Resistance Education office[. 2. Consider approval of a resolution authorizing the submission of an application to the Texas Criminal Justice Division roquestiny funding for a special law 1 enforcement unit to investigate child abuse violations. 3. Consideration of letters of credit for public improvements. q. Discussion of proposed Corps of Engineers' Greenbelt project. c ' Consideration of proposed intersection modification 5. for Carroll and Pearl Streets. Clty e drainage ordinance ditches, with 6. Discussion of skateboards used inproposed i 7, New Business: 'Chia item provides a section for Council Members to suggest items for future agendas. L _ 8. Executive Session: A. Legal Matters Under Sec. 2(a), 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). Act 6252-17 V.A.T.S. I 1. Consider appointments to the Main Street Advisory Board. i C E R T I F I C A T E certify that the notice above of was poated on the bulletin board at the City Hall of the City of Denton, Texas, day of _ 1989 at o'clock on the (a.m.) 3076C CITY SECRE~- TARP t r I MY= ME= ME= I I I nzr= k i A-1 1999111AIIIIIINIMIER -1 JXLA -A -1 , t ~ f V~241 1e1 Denton Police Department 221 N, ELM DENTON, TEXAS 76201 Tot Rick Svehla, Deputy City Manager r From: Michael W. Jez, Chief of Police Subject: Grant Requests for FY 89-90 Date: April 19, 1989 Rick: As you know in FY 88-89 you directed me to take advantage of Criminal Justice Division (CJD) grant opportunities. In compliance with your request, members of the agency have prepared two grant requests for FY 89-90. You and I have discussed the need for a pro-active police program in both primary and secondary educational campuses. Both grants are associated with that goal. Our grant request would fund an additional P.A.R.E. officer on primary campuses and the other a Child Abuse Investigator which would enable our juvenile officers to spend more time on secondary campuses. Like other CJD grants, these are five-year programs with funding diminishing f at 100x, 801, 601, and 40% increments. However, the City has no obligation I beyond 12-month incremental commitments. During FY 89-90 the City would incur the following asaociated matching fund costa: D.A.R.E. - 4,203.00 ~Child Abuse - 3,703.00 TOTAL 5 7,906.00 ' The matching funds are equipme.i.-related coats as all personnel costs are funded by CJD. So, essentially the $7,906.00 would enable the City to receive $100,618.00 in CJD funding, Finally, I believe the two grant requests will answer any additional questions you ght have, Howev,6r, I am at your disposal for additional clarification if necessary. bL Chef o Foli Cit of Dent 1 (817) 568.8181 META0434.2520 s R, RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE SUB- MISSION OF AN APPLICATION TO THE TEXAS CRIMINAL JUSTICE DIVISION REQUESTING FUNDING FOR A DRUG ABUSE RESISTANCE EDUCATION OFFICERI AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Article 4413 (32a), V.T.C.S. was amended to enable the Criminal Justice Division of the State of Texas to allocate - grants and administer criminal justice programs on a statewide , levels and WHEREAS, the City of Denton is eligible to receive such funds and desires to promote the public safety and well-being of its citizens through increasing the effectiveness of the Denton Police Department in its law enforcement and education relating to drug abusei and WHEREAS, in order to receive such funds, it is necessary for the Council of the City of Denton to authorize the submission of an application to the Texas Criminal Justice Division requesting funding for a Drug Abuse Resistance Education Officer to augment the City's Crime Prevention Unit; NOW, THEREFORE, THE COUNCIL OF THC CITY OF DENTON HEREBY RESOLVES! SECTION 1. That the City of Denton, Texas, certifies that it is eligible to receive a fundingq allocation from the Texas Criminal Justice Division for a Drug Resistanco Education officer to augment the City's Crime Prevention Program. gECT10N II. That the City council hereby authorizes and directs the City Manager, or his designee, to represent and act on behalf of the City of Denton in applying for and working with thn Criminal justice Division in regard to such grant application. SECTION 111, That a copy of this resolution shall be forwarded to the Texas Criminal Justice Division and the North Texas Central Council, of Governments. SECTION IV. That this resolution shall become effective immediately upon its passage and approval. Ii "'111 i; F PASSED AND APPROVED this the day of April, 1989. RAY STEPHENS, MAYOR L ATTESTS f JENNIFER WALT ER9~ CITY SECRETARY APPROVED AS TO LEGAL FORMS DEBRA A. DRAYOVITCH, CITY ATTORNEY BYS 89-151 i I i J I 1 ! f I r I OWN u N0. 0346-000( _ FEDERAL ASSISTANCE `CATS ' ATPk+ , NvMe`R Amt. CATION I I VIE CATION IDS NTb Of .JA ❑ NOTICE OF INTENT IOPTIONAI} 1«NTM 0 DATE F 0 DATE SVEMISSION kEA rM, ware Try NOFt TA 111 ASSIGNED r..1 w"?A /q IAfre y Q PAIA►►LICATION Ass10HE0 ",%eN APPLICATION it IV $TATE 51 atoll tN •I P:'0a 1 _ ~ a 4(GASMPIKAMIPECIPIENt 1 [MIKO~fRIDtNTIFICAl10NNVM8ERlEINI i a Aeglkanl Nona City of Denton 75-_6000514 e a/eti,a,onV.YlDenton Police Department f` L SIrwI.Po goo 221 North Elm PAO• A NuM1EA g ' I~1 o 161 c CrF Denton a Co,na Denton GRAM 11 style Texs1 12,vc"076201-4101 rr~wcrou MVLTPLE0 N contact►rson l A'A Art Lt. Paul Abbott a TITLE toffillro NO) (817) 566-8153_ I IIILt OF A►PtCMT I ►ACIACT WOO Ietllnll N N he tell" le PrOV10e I N✓nlKay ddv"Vwn 01 d» 1 fYPE Of APPLICANT,RECI►IENT 0-►w a-keAr A.nr D.ta, protect A-..ewr r-Cwfto+r QW Aerw DRUG ABUSE RESISTANCE EDUCATION OFFICER PROJECT tAOrw w44« A project designed to increase the number of drug free child ;-0"($plot, g ren through life skills involving r•elf-esteem and decision ;ate making techniques by using a DARE structured cirriculum. Lerll AffoloIN/t I/1101 E E AREA OF /nOVECT IMPACT IN40111 011`0416 eeY4144 INIM I4 o 10 (STIMAI[O NUMI£A 51 TYPE OF ASSISTANCE OF PfASONS DINTFITINO 1:0'l,'I0 6 a~nA D.J The City of Denton N/A I w A x~II_ A WI a TYPE OF A/PLACATION CONGAL ISKDNAL pSSalCll DO :4 152 PROrA73lD FUNDING t.... a0..,.. 1-•ewna ` 1 APLCANT If PAOIECI - 1-~...r e-w..+.w I.rIrAMyNil Frnr 1 QLK A Alt 1_ 00 i II IYMd 001,04 low 1d, 0, 1MI j 0 APP CANT •.y~Z03 00 26 26 1-w.wwD... /-0eNrAtwr/y! 50 445 00 11 vRAD,,ICi START 1s PROJECT It [TAT[ DATE DURATION a-dwwOw - ' O LOCAL 00 !'wr wwJ NI 1-farlnArw _ i!$9 'Sept-1- _ 12 ANOndrs rMrAwr a ~ OTHER ` .10 DATE OVE TO N fro w rrA NF " yuN rnrru I _total_ _00, F(OEAAL AGENCY a. 11 FEOERAL AGENCY TO AECErvi A[OW411 GOVertlQY_'t, t0 EXISTING It EDEAAL GRANT IDENTIFICATION NIr41EA 1 OAGANIjAT10NAl UNIT Of APPAOPAAAIEI le A INISTAA rv A 0 A I CJD NIA NIA It A [ s !I 1, Pf"PIKSPOCCO P. 0. Box 412428 Capital Station AustinA Texas 78711 t to Uw Dell of my sAQVO"24 am bew, 1. Y0 HI 1 I L wA A YAItAaL! 10 N STATE p Tr2+E dots n WI raAPycelAoN e0okltaK IKICUINE MCA 12372 PAOCESS FDA AtYIEW ON APPLICANT loo We 6,10 ewl#64. 0`4 doe~ PAO DAIS a CEATIFIEE Own"I,MONAd 0T Its IO.MNnE i THA/► 0001' N" O"kIM" LM 6OW604 wl lb "wdH,t4 Anacned Iiisa"Af a NO. PROOAAM is NOT CCvtA[0 eY E 0 11211 ❑ 0 Ind 11041"0 A ILMO•a10 CAI ►ROGAAM HAS NOT SEEN MACHO IT STATE 11 Oft A[VICW ❑ J+~ 23 f TY►IDNAME AND IITLE a SIGNATVAI q`ip[YING Lloyd Harrell Sf4/TAinf i jJMIJ.& 24 A►►LICA ON, w0+d /n 1(OtRµ A/hAUf10N ID[hTlf KA1AON NVM/fA If, E RAL GRAN IOf NTIF A H ! A urvEO M II OF ACTION TAKEN as FuN ,N I'/AI AMIA 104 1AATINO IIJ, MP414 Iw • U 1 AWAAOED _ A TION AfE► it DATE If a 0 D At.l[et[D 1 PIDEAAL 1 00 3T. CONTACT FOA ADOITIONAL INFOAMA a rtes wouA Pert R c At TURNED FDA TON IA9wt o.r WIpA04, AYAIOU ThDING Y AM[kpM(NT D APPLICANT 00 DATE 11 :d 0141uANEDFDA a r to QVI SVIMASSON ~ d SIATt 00 33, AEMAAKS ADDED IT APPLICANT TO a LOCAL 00 1 STATE J 0 OEFEAA[0 ~1-OTTHIA 00 Of WItHDAAWN I 1 TOTAL 1 00 ❑ yes ❑ NO , V.I ryOn-0I-0OS 1+ft I. IT4NDAPD FORD 924 9401 1 IR& A.M, 1 • •IV•I,M~Y,,.V •\V\•N•1, I, Y,11•\\,V .•IH •Y MI\►,• t huR d+efiON 1, N ill, rl WilcaMtl • it CT ION IV-AtMARKI (Po so nIrMKI &%4 01400W i~ Ow~ Ina recent study done by the Denton Pollee Department Crime Prevention Unit it was discovered that over 80% of the 756 6th grade students had abused some form of drug. Of the 602 (80%) students who had stated that they had abused a drug It was also discovered that 50% or 301 students were still using drugs, In 1,988 50% of all property crimes done in the City of Denton were done by abuse, It is estimated tehdat druchildren there was g abusing children ehavencost correlation the citize between of Denton children Of offetlders and the over $00,000 dollars in property damage and lost to 1988, Traditionally, law enforcement agencies have approached children abusing drugs for a reactive point of view. In 1983 the Los Angles Police Department and Los Angles School District began a pro)ecl to educated their Children in the skills of making good decisions and refusing the drug alternative. Since 1983 the program has been so effective that every elementary school in t os Angles has made a certified committment to ideal with drug abuslh g ichildren In a proactive stance Denton n 1988 the Denton Police Department assigned two of it Crime Prevention Officer to also be part-time DARE officers to the School District. Due to a tack of funding the Denton Police Department had to solicit public ovntributions to send the two officers to one of the five DARE schools in the United Slates. Even with the two part-time DARE officers the Denton Police Department has only been able to reach .even of the ten elementary school in our area. At this time there are 756 6th grade students in the Denton Independent School District and this agency has only been able to reach 527 students, With the addition of a full time DARE officer it is predicted that this agency will be able to reach all 6th grade students to the City I of Denton. With the agency being able to reach all 6th grade students It is believed that we would be 1 M able to reduce Juvenile PropertyCrtmes by 202 with In the first twoyeers, j Project DARE Is a cooperative effort between the Denton Police Department and the Denton Independent School District to prevent drug abuse in childrer, and youth, Traditional drug abuse j programs dwell on the harmful effects of drugs, This program emphasis is to help students recognize am resist the many subtle pressures that Influence them to experlment.with alcohol andmarlju".-1n addl1l`W, program strategies are planned top focus on feelings relating to self-esteem,9nter'petsonat ?i,: 'r ~ and communications skills, decision making, and positive elternatives•to drug abuse bohaviorl :The DARE Officer teethes a 17 week structured curriculum in the schools with 45 to 60 minute long ` lessons to 4 to 5 groups a day, Across the nation it ha3 been found that DARE has boon effective not only with drug abuse but with the wholeness of the child regardless of social or ecanomie background, With the use of DARE i children develop fundamental personal skills such as self-esteem end the ability of handling everyday problems in a healthy manner. With this Brent the Denton Police Department would not oily be able to deal with the problem of youth and drugs but with the molding of healthier, well roundd citizens of tomorrow. Data will be complied on the following Indicators and reported semiannual -annually: i 1• Number orcertifledpeaceorficerInstructors. 2. Average number of hours of training received by Instructors. 3. Number of D.&A.E, training sessions taught to students. t 4. Number of elementary school students oompleting the program. 5. Number of junior high school students oompieting the program. 6. Number of group meetings with parents and teachers. 7. Number of pre-tests administered to students before training, 8. Number of post-tests administered to students after training I I r 11`i-/~ STANDARD FORM 424 FAOi i 10tv 11,/i I 1 i I 1 4 ' V i 1 0+e .a, N so 4a PART It PROJECT APPROVAL WORMATIOH +w 1 r N1.t al Oa.11A~A ISa/r NCTCOG Deal 1A,f Iit,Itme lli.ttt "*,IF@ Wle, local, F1.o ~tf ~ol.e1 1 I11.o-oI, Y •Aa p.r,q gt,yt rl, `r1. I' { - NCTCOG r f" wf A.o ttallanea IN+tl11a~Y.a 11114, of scot No,$ $ AffAr1 at_~.~ Ilowspol 1f.,wh afrr lt.M11 0, ArolA ttHw µt 10 ~ .XL,.Vol. ,..._N. i4nlfAOow.MlotiM) r DMI IFiI ut.tlo.lt u1.1It 1r.Y.11 thou eohow$$ .u,t..0 of u4ro.1 t A.A Ome CoI YI*.AHt ...__~......X Y1a i h..1 p Aer NCTCOG.LUD I l oh'F.It. 1414 111.Yt tl IQYYt Sale, Iota[, Ntet Ill A1Pa..Af 1t1 1 rtplwl 1. 04%0, 111A,•.011No1.811_ 1'1f N1 Qpl twp C4441 oa ou xx II At Igat11 Polls, ra•e.tf b M aq ' AIe1.•t lla"' Legal f I R11~MO1 jQQ YX -Vol 3 N 18 460.44 of Floe ow. 711 atl.atlnu I91.0 1111 ar.o / /111,4 Ntw of hivoF Illf991110I1 L" , I . 1 ___..Yet X% No. F110.1f P11ulftioA lanol.f.Al llra platter , IetldIM.M - L Ro 1.it 4 10l/ eta a 1'04, 111411+ on It 6, d fMl 01 me aA 11044,61 1of 1`044,41 4 lL/e/oA MINILnrd Vol _xx No PulMf 60 0101041 ■JI iM 1t1.tlontt 1#4.1141 Ae.1 M .0140 r 111041 Itt MllhIfNA1 fr a11.1.aMf IAf1,.PiM {a 11 M dl 1A.n..btAl+ No %1..61. LIILL!, Mr.Ir, of . of It ohs .1btl lolINY111111a.ot A F11MMl [nf.. of M6..IY1h, b.,fiu, ►.wouu, r Islas' Ia. 1'44a I 6 xx we Forms .l 1 Is Alto OWN I/1 at111{n.'. A11 ON All /061191 /t1...Y1, S/1All1 wi aM Iv "ff dyad MfVMI,GA 146 Ilf IN1441, r Mf.uprtH Y1t xx Iy 1010 4N`* Y IAO Pa1U1 A 1 101,1 "14 14M ArtHf II811 Ilf 1M Not 1,W IN /41.INN} IAIr AV 1.M to w - - xx M raaN, M-4 } V tl. V j - N . B I ~Y t s r r ; ~ ~ I 1 ~ {0D7~ N N I 77 I I~ x y ~ L x ~ 14 I p ~~pp tY1 I I •O r P N h N i ~ M M M r: A J .S J J I,( V • J I .t / I CJD-b J -vow i P i J I p 4- Mo. valour, 11 1 »vll ORl ►r MRT 111. SU9GET INFORNATSON (ICIION A EUOG[1 lVKMARI jI1 4r•6^r r., •.1 U.ILr..N 1•.1. ..r• r• /rr.o1 { 111• J 1•..,y Irl.d • - • CNMr/•• /rU r• Ir1.~Jr INrp W•Irlvp ~•fe el e ~ 1„x.4 - ~.l•~ •-~--j~l--~ lICIION .OLVAVjCAT1601111! foot, P-.tlol. 41. , r.,r I. 911K1 tint ts"vois n q I rl.rwri M! 26 666 i -0- t ~l26,666 1 91734 M W 1. 0.00 IIM•11 _QL7}4 -0--•--.cl Cr r1.. r _ 1 80 960 JI ` ae, t~►1~! _•__x, 980 a tt/wl~ 31223 3.22~Y 4 Win tl•sf wtl~rn l 203'r! I took .«+a. 1 48 553 , aa.~lc►JN ...}.,~.9L~ l ! t. Pal, wwl.P ! ! „ ! ! ! i I I 1 4 r F v t OII 411wd 1~14Y111 ' r SECTION C - NON-FEDERAL RESOURCES LI G,«rnr••.~- _ IN ArrLKAwl_ ICI ltltl 44I 01"11 loWlll 1.1101 A11 34 1 ARE 6AA~"l`/T--~ 1 ,2 i SO~,~i'43-~• . i 1 1 FRO j SECTION 0 - FORECASTED CASH NEEDS ~ . r• 1Nd l~~fir~~. h~Or.ru _ 1J Ow~~r 110.. y. r'~r►O.. ru 11 MMIdP•1 _ J- H. I OI K ~ 1 l~ ' 1 SECTION E BUDGET ESTIMAT MFUNDS'NEEDED FOR_BALANCE Of THE PROTECT j iu+u1 ruNo+w r 1ao 1 snt r.1 cr,.1 RAn• orJ 1/1$14IND Ir+roull" t 1 s 1 SECTION . OYAtR BUDGET INFORMATION llnw► dle ~•d /h•4 M N.1 n,r rl _ n ew.cl.r1CJD - $50,445 t Applicant - 4,203 (Cash match) a W~at4pu $1,g92 The City of Denton will provide matcring funds of $4,203 PART IV PROGRAM NARRATIVE (Au*6 per Insliw010n) I r hr 1 E f Suggested Format Part III Other Budget information Section F Governor's Criminal Justice Division Line 21 BUDGCT NARRATIVE scho ble licnin t. Narrative should includelexplanatson of needed vio explufn each nltern ofl thelfp olekctrtiudq following the +asis for arrivinq at the cost of each Item including Grantee Local Cash Contribution Items. All amounts should be shown in whole dollars. SCHEDULE A PCRSONNEL 1. Direct Salaries % O F TIME LLpp ApLL CCqqgg TO THIS PROJECT2 RE$bEST CONTRIBUTION TOTALS TITLE OR POSITION - 26,666 S -0- $ 260666 it Police Officer J 190,. S S S S (B) _ $ S (C) $ { V $ $ $ $ $ $ S S $ (F) S i {G) $ $ S S (H_H) TOTAL DIRECT SALARIES S 26;66:'$ - -0 $ 26,t66 2. Fringe Benefits °o or S Rate S 2 S 0 S 2 241 FICA @ lsl' S 1,641 S -0- S 11641 S.S X RiT1REl.9ENT 114.14/mo. S 1,370 S _0_ S 11310 INSURANCE ~ p_ S 1,310 OTHER (EXPLAIN) W,C. 0 4,39% S 1 310 S _ - - tne nt ve ay Olv+o 4 1 1 492 Adjustment Salary+Long+incent 4 95 Benefit S 1 49 0 I { tFR-5 S 4 S _p_ S 4 734 IId EBENEFI= T S -tin TO?A L S 36 400 S -0- r 36,400 TOTAL P_ERSONI:EL BUDGET_ 1. Include only one position per line. Briefly describe the duties or responsibilities of each position. 2. Express as a percent of total time (2080 hrs. per year). 3. Should reflect empt^.yee's gross salary attributable to the project. J i CAD-10 S ' h I i PERSONNEL TITLE/POSITIONS SCHEDULE A: h This position will hold the responsibility of providing Drug Abuse Resistance Education to all Elementary Schools in the Denton Independent School District., The position of the DARE Officer will be designated to spend 100% of his time for this program. FRINGE BENEFITS: The following is a list of benefits and they are computed: 1. FICA -7.51X x (salary + longevity + certification) ■ $2;241 2. Retirement -5.5% x (salary + longevity + certification) - $1,641 3. 'insurance -$114.14 x 12 mos. - $1,370 4, Worker Compensation -4.39% x (salary + longevity + certification) ■ $1,310 5. Certification Pay -Advanced Certificate ($120 per month) ■ $1,440 6. Longevity -$20 x 12 months ■ $ 240 7. Benefit Adjustment -Salary + long. + certificate/.95 subtract-original total ■ $IS492 j I i j CJD-IOa i a, N { Suggested Format Part III Other Budget Information Section F Lino 21 Governor's Criminal Justice Division SCHEDULE B PROFESSIONAL AND CONTRACTUAL SERVICES CJ LOCAL CASH DESCRIPTION OF SERVICE REQUEST CONTRIBUTION TOTAL $ $ $ 'l ~ tA) S S ID $ S $ (CC)~~ S S $ (D_) S ~ g S S !E) S $ S iF) S $ j fH) $ S 5 _ TOTAL PROFESSIONAL AND S $ CONTRACTUAL SERVICES BUDGET S REQUIRED NARRATIVE; Briefly describe any anticipated ,oontrgetvairsrranggmentc.ttnd!.worY Paints ite~ted. Describe the WIA for arriviWet titb coat df each NO1E: Grant Applications in Nhich the proposed pro ram will be operated by a third party, under contract from the grantee, should attach with this schedule sufficiebudgetary nformation on the contractor to disclose the sources and amounts all revenue. I REFER TO INSTRUCTIONS FOR COMPLETION OF CJD•1l IN APPLICATION KIT i ! C30-11 j R Suggested Format Part III Other Budget Information Section F Governor's Criminal Justice Division Line 21 SCHEDULE C TRAVEL 1. Local Travel MILES - TRAVELED $ CJ LOCAL CASH POSITIONIT(TLE ANNUALLY RATE REQUEST CONTRIBUTION TOTAL f (A1 S $ S S (B) - - e (C1 S S S IDS S $ $ S (E) S $ S $ IF) S S $ $ IGl $ - S IH1 $ g $ $ - LOCALTRAVELTOTAL 2. In-State Travel (Specify Clearly) PURPOSE DESTINATION $ S S S S S $ $ S $ 1N-STATE TRAVEL TOTAL $ S $ 1 3. Ou_t•o:•State Travel (S cif Clearl 1 S S $ r a n n ac oo in Them North Carolina 980 S 980 S 19960 $ S OLIT-OF-STATE TRAVEL TOTAL S 980 S 1,960 S 980 S TOTAL TRA1'EL BUDGET e to beused, hevehl be shown on NOTE; Slct Jule CYif owned agency or leased vehicles sadre transportation tests should be shown on Schedule F, 'Supplies and Direct Operating Expense.' i REQUIRED NARRATIVE; Briefly describe the applicant's travel policy (i.e., mileage rates and 1 per diem rates). Specify purposes for each item of travel. Break out costs of each in-state and each out-of-state trip to separately show the specific costs of transportation and of per diem. CJC-l2 1 SCHEDULE C Out-of-State Travel: In Schedule C we asked for $1,960 (509 cash match) for out of state travel to Durham, North Carolina to attend the North Carolina Bureau of Investigation D,AR.E school. This is one of five training center in the United States that is certified to teach this Instructors program. The school is last fourteen days and is held in a local motet. The room rate is $45 per night which equals $630, Normal allowance for meals, cleaning, telephone, etc. are $35 per day x 14 days a $490. Air fare from Dallas to r Durham is equal to $840, round trip. Motel: $45 x 14 days • $630 Perdlem: $35 x 14 days • $490 Air fare: x.$.9.4 Total $1,960 f A ' I CJD-t2A r ; I Part Ill Suggested F ormat Section F Other Budget Information Line 21 Governor's Criminal Justice Division SCHEDULE D r~UIPMENT PURE ASKS CJ LOCAL CASH COUIPMENT NAAiE OR DESCRIPTION REQUEST CONTRIBUT10N1 TOTAL AND U TT $ 143 $ 143 S S S $ 1 fAl Deal (Rik Chair $ 5 11 $ 220 (G1Side Chair - $ 110 $ $ 110-. (D) File Cabinet S 150 $ 150 S (rI Computer Table $ _ (F1 C&Iculator S 33 $ 33 I0) Tape Recorder $ $ S tH1 VCR Camera reco d $ 83 $ 83 $ (11 Camera lights for Y~ C~ $ 5 $ 55 $ IJl Tripod $ S TOTAL E UIPAIENT BUDGET (sec next a 13a1• 1, h1tnlmum of 5496 local cash contribution re;ffryd or ail purchases. RE'1UIREDt1l,RRATIVE; Describe t!<ebasisforarriving;at0e,~oatof,.4a~~}~ne•1t9~n•: SCHEDULE E _ (;nNS T10N CJ LOCAL CASH REOUEST CONTRIBUTION TOTAL FACILITY tAl g $ S $ (3) - $ $ ICI $ $ S iC1 BUDGET S Ope att nq Expense~•on of $5,000 or less should Sts;c Auul~~ fs for cnresruand ctlO Direct or renov L.+ show'; nn Sc, icribe tho basis for arriving at the cost of each line tem. i?(:VUIREi) NRR;,TIYE; Dc CJD-13 i r Suggested Format Part III Other Budget Information Section F t ' Governor's Criminal Justice Division Line 21 SCHEDULE D L'~MENT PURCHASES Cj LOCAL CASH f.0U1PM£NT NAME OR DESCRIPTION REQUEST CONTRIBUTION) TOTAL AND QVAN T T $ S S $ $ (x)11 Com ute $ $ - $ $ $ I, ID) $ $ $ _ (E) - $ $ s (F) $ S $ (G1 S S $ I (HI S $ $ III S $ $ fJ~ $ S b 6 TOTAL E UIPi,1ENT BUDGET S J Minimum of 50`.5 local cash contribution required for all purchases. p.E;L'IRED W%RRATIVE: Describe the.bastifor Arriv)rtgVIA thew/t pf,gaCA3it►tl'.tteasctisn<t~ft t;~ SCHEDULEE CONSTRUCTION CJ LOCAL CASH REQUEST CONTRIBUTION TOTAL_ _ CILII'1 S FA (A) S S $ S fB) $ $ lCl S $ $ tut S S _ S I fCl_ $ S S C C;:s?~~;GTl4N BUDGET I. State ~:'!,<<t.or requkis: is for conssruction or renovation, Renovation of S5,000 or less should w shown on Scnadulo F, 'Supplies and Direct Operating Expense.' P WUIRED NARRATIVE: Describe tho basis for arriving at the cost of each line item. CJD-13 g I r { t f i rnrllQMfNT SCH D 1 E D: Items A to F: Equipment prices were obtained from the City of Denton Purchasing agent, Tom Shaw; 509 of the cost are listed in local cash contribution. Items G to J: Equipment prices were obtained from catalogues; 50% of the cost is listed as local cash contribution. I` Item K: Equipment prices were obtained from local area vendors; 509 of cost is IIsted as local cash contribution. N AR,,, R AT I V ly li in item H we have asked for funding for a VCR camera (509 Local cash match). We feel that by using a camera in interviewing children we would have a powerful and accurate tool to add to our evaluations of that child. This tool can also be used to tape class participation in various DARE lessons. With the use of the VCR camera we will be able evaluate the. instructors performance in the classroom. We also-feel that.the camera will be a valuable training tool for new officer who may show an Interest in wanting to became DAR n snwho might class during the cou seuoff also be able to help studeude t miss a the instruction, Even though we frown on students missing these class we realize thetwould be able to showitheaabsentsstudentitthehlesson f the camera they w ~ missed, in Item K we have asked for a computer to catalogue ever student in our DARE program. This monitoring will allow the DARE officer to keep up to date on the individual childs progress in the program. li 1 CJD-13b i~ J t e Part III Suggested Forrlat Section F Other Budget Information Line 21 Go%•ernor's Criminal Justice Division SCHEDULE F SUPPLIES 6 DIRECT OPERA'T'ING EXPENSE C) LOCAL CASH DIRECTLY CHARGED SUPPLIES REOUEST CONTRIBUTION TOTAL 6 OTHER OPERATING COSTS 4 000 $ -4- $ 4 000 (A} Miles a reimbursement (see next a e) S $ 1 504 $ 1 590 _ (ei 1000 DARE Workbooks @ $1,50 each 500 S -0- 540 S (C) 1009 DARE bumper stickers @ $.54 each S $ 450 $ 450 S -0- $ -0- S 1 500 (p} 20 DARE Bcara @ $15 each 1,500 S (E) 1040 DARE Graduation Cert. @ $1•50 each $ $ $ in S S S 1 (G I $ $ lHl $ S S $ S I►! $ t3) r $ 7,950 $ -0- S 7 950 TOTAL SUPPLIES 6 DIRECT OPERATING gENSE BUDGET the cost of each REQUIRED NARRATIVE; Describe the basis for arriving at line Stem. SCHEDULE 0 CI LOCAL CASH 1NDlR COSTS REQUEST CONTRIBUTION TOTAL Approved Cost S $ $ (A) Indirect Costs Per App 1 892 Auoration Plan $XXXXXXXXX S 181 indirect Costs Per CID Com utation Table S 1 892 ' lustice Plan for Texas, or as authorized parutheiapplicant's cost NOTE; Indirect costs are Criminal authorized psndlx B. 1987 auocatiCn plan, of the docu- REQUIRED NARRATIVE: Im n=tbhod (A) is used, epecifY the rate and attach a cop which the current cost allOcation plan was approved. J CZ-14 I ,J , ; I at i I~ 1 :iupp jEa 5Lff1 t11 F F item A (Mile ~.ge Bases on City policy (see attached CJD- r Relmb , Seme t): 14b and 14c), the city will reimburse $ .25 per mile. We are predicting that the Child Abuse Investigator will drive approximately. 16,000 miles to a 12 month period. Based on this figure, 16,000 x .25 • $4,000, would be the mileage reimbursement amount, i i t CJD-14A s ART V! - PROGRAM N RATIV .1. Objectives and N9± For This Assistance. Traditionally, law enforcement agencies have tried to deal with children using drugs from a reactive point of view. This involved telling children of the harmful effects of drugs and, to the past, has not proven to be totally effective. Recently, many departments have taken a more pro- active approach to drug abusing children and have focused on the inter Childs psychological make up, This entails dealing with self-esteem, the process that the child uses in making proper decisions In their lives. Across the nation this new approach has proven much more effective with the growing problem of child drug abuse. In 1988 the Denton Police Department made a pro-active commitment to dealing with drug abuse by sending two crime prevention officer to the D.A.R.E tralning school in North Carolina, Due to a lack of funds Toth of these officers had to pay their own way. Since that time the Denton Police Department and the Denton Independent School District have joined together to form a D.A.R.E. program on seven of ten elementary schools. Out of this program the department has been able to deal with 527 out of 756 students. At this time the. agency.has not been able to reach 3,09 of the elementary students. e"' y T` In 1988 it was discovered that approximately 50R(1,493) of all of the t Denton Police Departments property crimes (2,987) were caused by children. Of that 50% it was discovered that there was a large correlation between juvenile offenders doing property crimes and drug abuse. It is believed that these children caused over $500,000 to damage to property in 1988 alone. We predict that by taking a more active stance with children and teaching them self-esteem, interpersonal communication, and decision making -1 skills that we can actively deter children from abusing drugs, We think i that in the first year, if given this grant, that we would be ahle to reduce juvenile property crime by,209. But beyond crima we feel that the D.AR.E program would help children to choose positive alternatives to drug abuse and prepare them to be better citizens of the future. CJD-15 i 5 4 s a x i t 2. Results ogeneflLs Expected. This grant will provide a full-time DARE police officer, who will spend 1009 of hts time on the elementary school campuses, teaching the D,A.R,E, program to 6th grade students, The $100,000 saved In property loss by 1 the implemention of this grant would far exceed the Initial cost of this grant, The benefits to the students who would be deterred from drug abuse and other negatives behaviors would grow dramatically. _ .a 3. Approach: Project D,A.R.E Is a cooperative effort of the Denton Police Department and the Denton Independent School District to prevent drug abuse in children and youth. The program emphasis of project D,A,R,E, is to help students recognize and resist tree many subtle pressures that influence them to experiment with alcohol and marijuana. in addition, program strategies are planned to focus on feelings relating to self-esteem, interpersonal and communications skills, decision making, and positive alternatives to drug abuse behavior. ` 4. Geographic Location, This grant would serve the people of the City of Denton. Denton Is located approximately 30 miles northwest of Dallas and has a population of approximately 68,000. f II CJD-15A t , tt~wncao IILfvR1/YIlW6l'1' WAL A1.Ml.iV6MLN't'5 i 1. Grantee Names City of Denton Police Department 2. Grant Not To be assigned 2. Project TitletDRUG ABUSE RESISTANCE EDUCATION OFFICER/I (Neu Project) 4. Report Time Period Initial to Column 1 Column 2 Column 3 Column 4 Annual Updated Projected Actual Number Number at Number at Number at at Froject Project Start Project Semi-Annual Start (Actual) Completion or Final (Est.) Report (Circle one) 1. Number of certified peace officer instructors. k 0 1 2. Average number of hours of training received by instructors N/A 240 3. Number of D.A.R.E. training taught to students. 1 L NIA ~.1 1 ~ 4. Number of elementary school"+tudents:coapidting,the program. t:. ]S6 F7N/A 5. Number of junior high school students completing the program. - NJA 0 6. Number of group meetings with parents and teachers. 40 7. Number of pre-tests administered to students before training. 8. Number post-test administered to students after training. N/A 750 r 566-6153 Project D roctor Phone ar Date 5u m tted~ Revised 2/88 CJD-16-a PART V ASSURANCES The Applicont Mreby euuras 0111 C401 '(-a' tfw+ h• will comply With IM roguletions, policies, gutdelinee raid it- dulronw+u, Including ()WS Circulefs PA. A.95 A-107 Ong rro a 11 , ea thty refele to tM tpplication, $vept- axe and use of Federal funds la !hi► fed.rolly.eesiN•/ protect. Also the Applicant anvot and cW ill•s to the grsiil alwl: 1. It powue fort sathw" to apply lor the pens, that a 1. It will comply with requifemen4 of thr provWone rndWlon, motion a nm,lar action hn boon duly of the Uniform Reloulion Aahurce arid, past Property adopted a passed in an ofte,al act of Ne appliunl's Acnv ~t~t~ UOI~ 9notML Ot4461 );ch pica ild s gw•fning body, aulhwitrnq the filing of the spD "con, for Including sit urderrund++yt and eswranaw contained frAM of Federal and tederalty assisted programs. in "Hatch Act ttnvtin, end duecl,ng and •ithwitin/ the New idenli 4. 11 will limsmlhe with chi pr ivisionemp tied in as yes o with 11%4 pv uti,t of she tptKto act . which minimum war rd tnsaimurn connection n tlw pl cation and to provide wc►t a II will comply with me hours provisions of Me Federal lair Labor Standards odd s arias intotmesion r meY fetlulred Act, at they apply to hos0 cal and ed"ional inn lu. 2. 11 witi cpnply with Title VI of IM Civil Flights Act of Wm ampOve" of Suit and lotsl govornmenb. 1961 11' L 633521 and in accofdance with Title VI Of 2 It will etbbf sh Lfoojords to prohibit employm from drat Act, no person in the United Staus d+all, eA spit utihg flNif positions for s'purpow that it or ON" the grand of race, wior, of national ongrn, w escluded apputrxf of being motivated,by a dtsire lot pr(rett 1 Irons pars.cipalion in, be carried 1ha befol is 01, or be gain lot ftmsehos a others, Ore •.icullrly those with othawtte subjected to delcrrminat,w+ uncle, any NO whom d»y have family, businrea, a other list. Won, or erlivirv lot which the ap9liun1 iKehfa Federal Irnu%:yau;atanu and will rmrrrd atey nee any mu S. if will give the epawinq eoney M 1M CeTptr•11ir General 1604% any G%Owwit•d repr isentefivt 04 alas fWassary to rffec►ratt Mrs wwnont. i occsu to end Ilia rigkf to esanrin• all t•eada, boll, documents felalad fe IM gfent, >I 1 11 will comply with Title VI of the Cria R19hu Act of pGpen, a 11131 (12 VSC 2t700d) pfphidulig amotoymMt andiacoirra i It 0. Il will comply with 1111 rer 0tinenls Imposed Illy IM j ralrOn where 11) Via primary p,rrpow of a prang It to FGdafel tponlerlnq Glancy canc•ening specie) provide g,npleymsnl or 121 discriminalOry amploymMl 1 VII•MIItI Of la.r Orprym hgulrfteMnll, end Nhel preclicol will f•arll In ufteQuel geslmMl of P~1 who diainiafraflve 140, freffa . Not W "Id bG bowfiluy from IN Orient aided activity a 10,1t Mill inlaura that the facilities under its ownerehipt lease or supervision Which shall be utilised in the accomplishment of the project are not listed on the invirofubental Protection Agency's (EPA) list of Violating racilities and that it will notify the federal grantor agency of the receipt of any comaeunieation from the Director of the CPA Office of Federal Activities indicating that s facility to be used in the protect is under consideration for listing by the EPA, ll. it will comply with the flood insurance purchase requirements of 1 W03•2317417 Stathe Disaster 1Act of 976, $action~lic LLA C i 102(a) requires, on and alter March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal finalteial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the De artment of Sousing and Orban Development as sn area having special flood hasards. r CJD-17 i i ,f w ? w . PART V (continued) The phrase 'Federal financial assistance` includes any form of loam grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 12. it will assist the Federal Tonal agency in its compliance r with Section 106 of the National 9istpric Preservation Act of 1966 as amended 116 U.S.C. 1701, Executive Order 11593, and the Archeological and Historic Preservation Act of 1966 (16 U.S.C. a69a-1 at seq.) by (a) consulting with the E State historic Preservation Officer on the conduct of investigations, as necessary, to identify properties listed in or eligible'for inclusion in the National Register of historic Places that are subjeot to adverse effectS(see 36 CFR Part 100.8) by,the activity, and notifying the Federal grantor agency of the existence of any such properties, and by (b) complying with all requirements established by the I Federal grantor agency to avoid or mitigate adverse effects upon such properties. E 13, It will comply with the Uniform Grant and Contract Management Standards (UGCMS) developed under the di rectlve'~ of.th4-,)Ugifor* Grantainddt6nt tctuir„ ~*ti:1F Management Act of 1981, Texas Civil;dtstut4s, rfitl't 4.13(32 ) i ` I i i M-18 J e } t a s p Y DESIGNATION OF GRANT OFFICIALS In compliance with CJD rules relating to Eli i_ bg_le Applicants and rii ati on Processin , Subsection 3.48(c), aPP scants must pro v defu nme, addresses, and telephone numbers for the authzed official, financial officer, and project director for each grant submitted for consideration by the governor. APPLICANT: City of Denton Police Department, Texas PROJECI TITLE: Drug Abuse Resistance Education Officer Project/1 Lt. Paul Abbott John McGrane Project rector (-Type cr r nt nanc a Officer (Type or r nt Lt. Finance Director 221 North Elm 215 East McKinney Street dress treet or ox Address treat or P, 0. ox Denton, Texas 76201 j Denton Texas 76201-410 My p I y p 81 566-8153 (811) 566-8228 e ep one um er Telephone Number Lloyd Harrell ut or ied OffV081 ype or r n City Manager tT-csinse~ ddress treat ar P. ox Denton, Texas 76201 (817) 566-8409 eT`lephont umber M , C,7U-19 n y l f I i r I ~ i fflll~ Big, i 3 3 i t i 1 RESOLUTION N0. h I A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE SUB- MISSION OF AN APPLICATION TO THE TEXAS CRIMINAL JUSTICE DIVISION REQUESTING FUNDING FOR A SPECIAL LAW ENFORCEMENT UNIT TO INVESTI- GATE CHILD ABUSE VIOLATIONSt AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Article 4413 (32a), V.T.C.S. was amended to enable the lCriminal Justice Division of the t Texas to allocate grants and administer criminal justice programs on astatewide level; and f WHEREAS, the City of Denton is eligible to receive such funds and desires tog promote the public safety and well-being of its citizens Department in its law enforcement relating to child abuset andice WHEREAS, in order to receive such funds, it is necessary for the Council of the City of Denton to authorize the submission of an a pllication to the Texas Criminal Justice Division requesting abuse Law Enforcement fund for a i to child Special augment the ityts PCriminalffInvesti- gation invest g Unitt NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVESt gL4ZTiON I.L That the City of Denton, Texas, certifies that it is eligible to receive a funding allocation from the Texas Criminal Justice Division for a Special Law Enforcement Unit Investigator/Police Officer to augment the City's Criminal lInvesti- gation Program, 6E9T2ON II. That the City Council authorizes and directs the City Manager, or his dosignee, to represent and act on behalf of the yoido a such grant applicationthe Criminal Justice Division in regard ¢ECTION_IjjL That a copy of this resolution shall be C forwarded to the Texas Criminal Justice Division and the North Texas Central Council of Governments. 1 J ,4 4 this resolution shall become effective That nd approval. upon its passage aPASSED AND APPROVED this the day of April, 1989. RAY STEPHENS, MAYOR r- ATTESTI JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORMI DEBRA A. DRAYOVITCNr CITY ATTORNEY 1 y I BYt ' j 99-152 i I Y r 4 1h~ t ~e JERRY COBB J~ L r/~`•' 4I+U ,N CRIMINAL DISTRICT ATTORNEY V t'r y! ,Y!' Sn, L004 c4sn" CouerY 9,04 A\ \Y~ /Ola 2344 //ZONE. H7.666 6656 DENTON, TEXAS 76201-2699 HOT CHECKS" 6174694557 March 17, 1989 To Whom It May Concern: It has come to our attention that the Denton Police Depart- ment is applying for a Special Law Enforcement Unit Child Abuse Investigator's grant from the Criminal Justice Division of the Governor's office. We would like to take this opportunity to give our full support in this effort. For some time, child abuse has been a growing problem in our community and all too often the law enforcement community hes been unable to keep up with its growth. As a prosecutor,, I know that it is paramount that a criminal case be prepared complet:41y and properly. In child abuse cases this Ss~evenG ~r j more important due to the vulnerability of thelchildren'in ' volved, We feel that by the Denton Police Department having a full time investigator dealing with child abuse they"willsbe;,i' able to improve the quality of investigations and theit.,`ability -to cope with an ever growing number of cases, .We'ifeelkthit~if r team"1,~;r the Denton Police Department is able to utilize the approach and work with Children Protective Services and our office, the overall investigation and enforcement process would t. become much more effective and less traumatic on the victims, If we may assist you further in your consideration'of this ' grant, please feel free to contact us at our office. , A' Sincerely, Lee Gabriel { First Assistant Criminal District Attorney ' 1 I I I Y v 1 P , I Texas Department 'of Human Services > Children's Protective Serevices P.O. BOX 50927 1121 Dallas Drive Denton, Texas 76205 (617) 387-8544 CC441!/ION/R 1OARO 4!K/EAe MARLIN W JOHNMN 4 UJINQ ~n~HwEAG VCNI OAR=A ! Cape b.',e Poll MGSWHEA Na non Harch 133 1989 North Texas Council of Government Criminal Justice Division Sirst I am writing this letter in support of Denton Police Department's application for a grant. I would be the first to recognise and commend the professional attitude, response, and co-operation we have received from Denton Police Department's Juvenile Section. In my four years with Child Protective Services I have had many opportunities to work with different law enforcement agencies and 1 can say, without reservation, that I rate Denton Police Department as the best. There have, however, been situations In which a lack of resources or personnel. have obviously hampered their efforts. ..Were.It.not for the, high quality and dedication of the Juvenile Officers, the results of these situations 'could have ' been adverse for the children and the community. The benefits that would be realised by the grant would be great. The quality of Denton's Juvenile Section would be enhanced and it would help alleviate the very real "burn-out" so common to all Juvenile Officers. I as certain that any belp you can offer would be effectively utilised by Denton Police Department. It would also be greatly appreciated by Child Protective Services and the entire community. Thank you. lay Ora , . H. Child Protective Services Denton County r ~ f An Equel Opportunity Employer I ♦ r Cue Ap 7,9 No. p7.6-0006 3. APPU• L KiAl EA 3. ATE L NVMISEA T FcDERAL ASSISTANCE ~s APPU. 1. TYPE CAT1CN 1CENTF FIEA a CATS (Mve ❑ Nora OF WTLNT icrsoNAw r} is. DATE Non TO ae sssc« Tw +rd h/ AWGNtt) ASU NE7 rrrr a 'A "ey y.,6 y [3 PREAPFLK.ATtCN tY eTAn A1-On" mfts.Aroom It It aw [.ew 3W6 a LEGAL APPLICANTrAMMENT I, EMPLOYER 1CEN11PCAT10N NUUaEA JUN) L AOabewo Nam6 City of Denton 75-6000514 aopirva6wurwt Denton Police Department a. J LSt"UP.o.am 3712 North Elm Street P06 L NO. BEP I ~ 01 1 BI 0P3 GRAM aC*1 Denton s.Cwvv Denton rrncD.u 1. UK Texas `rrcroe 76201-4107 MULMI0 1C0,na P.na+ rNae.e Capt. Bill Cummings B' nTLE a nrP~w NLI (817 566-8161 - T. "U_ OF APPUCJJlf3 Pr1D.+ECT " WWA N as t+6 k" to P. . a Lrwnary oftav" co ro I. TYPE OF APPUCAWT PECIP£NT S pro,actI SPECIAL LAW ENFORCEMENT UNIT/1 INVESTIGATING CHILD F 3 ABUSE °M°" 3 A project designed to more effectively deal with child'°{„ E++n ,rpgrMU Arrr - aLuse and increase the number of cases investigated throng ''1ii0" a pro-active program. I a AREA OF PAOJEGT aAPACT ftM grim m4,%a son MI lo. lsTWATEO HUMBER 11. NPE OF ASSilTANCE OF PEASONS A(WiTINO 1a ~ 0~,. LOW= The City of Denton N/A MA IL PAOPOet0 P.%D*4 13, CON0111SS1)NAL t>ISTA)M OF; 14. TYPE OF APPUC+ATION w. a-.... e-+.+... t 06 L APPUCANY ~ ; Pp&'M a-+ F. r rww~w W +w V V A 703 03 26 26 1r.rntarowotvrrrrrr+ 00 A It. PROJECT STMT It' PAOM r=i0N 6-o.e..w dan v L G..s.r, arrw t ! .OG DATE re. AWIA der a Ocat 1689 Oct-1st 12 Abndu EN,aees ' a OTNEA I ,oo la an out ro ter ,,.,u der r+"''"""" L Tar 1[53,876' Sol FU.4AAL AGENCY' 1s I i11. FEOEAAL JIGENCY TO RECEM ptOUEfT 1'i tAISTiNO FECEML GRANT BENT F GAiiON NVMNER oROA ~T10NAL LAIT OF APPAOFF ATEI 1 ACMWI.ITN TIVI CC4TACI (N/A % 21, REIAAAKt A00[D L P. MOR Ou Box / 12428 Capital Stations Austin, Texas 78711 . a tV 666 eq 1rq`nLaO, 1n0 bowl L i r 1 z YbU l TO TNI STATE do km IM 1 ao0 isovppcaaen -DclCAlTNt d1DlR ,t7t3 PF10.YSt ICR REVtCrr ON AmeAw & SPA 614 W1 Is: to dow"M NN DATE TNAT► boFF of ft aP~ W N Ift I ra .a *wow we to 6aai+N aanr6et" a NO. PROGRAM N NOT OCVERto my t) 12372 ❑ e M 6w WAM a ama.aa OA P"OdkAM IUL1 NOT "1.N etLECT10You" FOR wew ❑ 33..11T>YI+O a TYRO kW AM TMA 6 t RJR Lloyd Harrell ` SINTArrd Cit 7{ana er 34. AA~1IPpft,~)CX I.y moll /e) 21 FIDERAL +C.A qN M610 E E E AL G ANY ENn 14N { AE,",.D 16 rnrre++a uu 17. AMOK TAAEN M FMVN~CING p tt rw, MMiA A, eATATM It 1 a A. AWAACW _ Atl► a 1. 11EJ£C?tD WSTAT11 1 00 31. S"NTACTFC«ACC1nONAl iNF011MA- 3 YW Aseu,a I.ir 04 a a AAJONNCUCNT TIU1 rNw r DATE tt a A A"NED " 33 33 REMAAKS ADDED 4. Lo" my AA*LCAW to e. LOCAL a a KK0EO a t wRNORAw w 1 n3 ❑ TN ❑ Na l/ f t.P~l l0a 11q C,1D'L eTANCMD F CAM N 'FAR 1 osy rL~ N FTY1tr)11 ltirnaM IF CMA C~K.lu.1.13) , 1 I + i r i I uelAl.n<:fu,nanet,cay~r+i,alMr~r Ivhnvvcancel. (ICN IV-P FMAR KS fllwr nlw Poeme tM JWWW iMn nua~d~r hen SxtM+l, ff a!1!, it ~ppr7uGJ~! In 1988 the Denton Police Department received 346 referrals from various sources in which there was a suspicion of child abuse. The Denton Police Department was only able to investigate 22.5% ( 78) of these cases. Of the 346 referrals many of them came from Child Protective Services and did not show a clear criminal offense, but only a suspicion, and were not investigat°Li. Some of these referrals would only deal with the home life of the child and would not require Law enforcement involvement, others would only have a vague suspicion which required much more investigating. Due to the lack of manpower, time, and money, 77,5% of the 346 referrals were not pursued. Of the 78 cases investigated, this agency was only able to clear 25, or 32% of these offenses by arrest. Of the 78 offenses, 33, or 262 of those cases are still open. This agency has been unable to adequately Investigate these incidents. Without a full time Child Abuse Investigator, there Is a lag between the time an offense is reported and an active investigation begins. This lag time not only deterlorates chances of developing investigative leads and evidence but it does not provide adequate protection to the child/victim and may play the child In extreme danger and hardship. The Denton Police Department currently has two detectives assigned to the Juvenile Division who also investigate all Child Abuse offenses. Due to a shortage of Juvenile investigators, they are only able to allocate 13.4% of their time on Child Abuse Investigations. Although the agency has an, average clearance rate In regard to offenses investigated, that average Is an extremely dmall•portion.when ; compared to the total number of possible incidents (346) that needed to be Investigated. 'ePceuse of the lack of Child Abuse enforcement and programs, Child Abuse is fast becoming a serious problem far the community. Lack of enforcement and follow-up on Child Abuse cases all contribute to this-problem, Through the use of a full-time Child Abuse Investigator, the department would be able to increase their ability tremendously, both In discovering offenses and in the quality of follow-up investigations.. .•;.;'r Currently, many Child Abuse crimes go undetected. Because of the lack of manpower, investigators are unable to spend much needed time in the community. Over 811, by adding a Child Abuse Investigator, the department would be able to increase their quality of Investigation and provide better protection to community's children. This grant will provide a full time Child Abuse enforcement officer who will be utilized on Child Abuse operations only, It is estimated that by devoting 100% of their time to Child Abuse crimes,, the department would increase overall Child Abuse Investigatlon/Enforcement by 35%. The Qtiality_of these inYestiotions would also increase, due to the increased awareness and expertise ;of•the Child-6buse investigator. It Is prE6tcted that by intervening In an abusive situation in its initial stage of (ow,leyels • : . of violence, the officer will be able to.,abort or redirect the abuser, before the situation= becopies'. harr.iful or fatal to the child/victim. The Child Abuse Investigator would work' directly'witii.Cnilp: Protective Services and the District Attorney's office in a team app~oach.• Speciafi-•intervfewir technique3, evidence gathering, and the use of a Cope!c pe would be utilized by the Child Abuse Investigator for the strongest case possible with the least emotional cost to the victim,' By using video. cameras when Interviewing chi Idren the agency will be able hays a much more accurate reproduction of - the childs statement which may be used in, the tnyegtigeijons.r}nd trl.tfOf~tng._Bxu=SL%mPuter the - agency will Ge able to date bass suspect and cases information on child abuse crimes es well as exchange information with other agencies. Eduxtlonal programs would be Implemented for all officers of the agency in which Child Abuse Wounds identification and Investigative techniques would be taught to increase proficiency in Identifying Child Abuse In the community. This would also help bring the department within the new standards set I forth by T,C L.E,O,S•E. In which all law enforcement agencies are required to make their officers ewers of child abuse, Assistance from our current Training Section would be obtained for this effort. Attached are projected goals and performance Indicators to be reported semi-annually, along with descriptive program reports, This intervening type of approach would more than likely accelerate the project of enforcement, rs it would promote cooperation of citizens throughout the community, It Is eydent that Child Abuse, over ttrve, will continue to increase In its level of violence. It is in predicted that ty abusive stuations,f thereby thwarting the Violence before It becomes extreme. = However, by revfewing ab the above facts and statistics, It becomes painfully clear that at the current level of operation, the f Denton Police Department will be unable to sufficiently provide the community with adequate protection of Its most defenseless citizens. Data will be compiled on the following indicatorg one onorlpj "-mi nmlTtt+~ r~-- - CJD-2 STANOARO FORM 1194 MOt ! Imty I I i r i a, PERFORMANCE INDICATORS: 1. Number of officers assigned to innvestigalive unit. 2. Number of felony cases assigned for follow-up, 3. Number of misdemeanor eas*s assigned for follow-up, 4. Number of felony arrests. 5. Number of misdemeanor arrests. 6. Number of cases cleared. GOALS: r 1. To have a full time investigator assigned to work child abuse cases. 2. To increase the number of investigations of suspicious chid abuse incidents by 35%. 3. To increase the quality and efficiency of follow-up investigatiors of child abuse. 4. To Improve the Departments overall ability to intervene with child abuse, 5. To improve the quality of investigative techniques used In child abuse cases. o. To provide training for all officer in the area of child abuse, 7. To Improve the departments clearance rate In the area of child abuse. 8. To provide adequate protection for children. I I , I~ j I CJD-2a 1 I i { 1 a r 1 ~ I r s 9 PART 11 Iten act 6620 It, PROJECT APPROVAL INFORMATION 6w;-.1.s 464urente ray.ol ralvue $ta., local. Ne.. 41 C0.60.,ed body NCTCOC npewil, a Site, p.i«iry 1.60..09 Pu«.y 061.ap _M -Vol ~N. A.; ?T. Owl d,1 461.fle.te .4.460.0!...4 Lae• « lefel Nome of Ae..q a, NCTCOO 404..1«y, e4ar.6.0t a. LuhA 41.en.p.611 beard _ _A_'In. No (luetF Dee.. rntalenl ht. 7. D«f d.,t nl.tre.el r4..fr.44.n.tlrumpM.t4 fAltea6C4a....hl A-931 yet Den tA.1 oil. 114.9 • u .461 101,14 $14.0. lot 41, Ne.e of A NCTCOC/CJD j i 004.401 H ell.. p1oa...p epp 4.01? Oa4 j t.. S. Is d4 p,o►4nd 1.4,40 4-4.400414 4o epore.d t«.p.« Check am We, 1XX 19a5,.4 pleat Laced rI 14 j R00.aael ~(r( ,._Yn No L04aan of Plan Isom 0, ~ 1.40 4601114,144 nl•e1104 101.4 a F414.41 me" of Fe44r01 Inud4l~oa In1141161.0at Yet XX No F446011►4pv160i1.114n1dla0bawProtect ` h.n 11 well dt-011.604.44 40!.0809 60 04 1`446,41 lead at Now" of F14orel L1tall01r44 _ ounlla.wt La460.en of Fo4ve1 Lt.$ Y4...X_ No Pert e.1 of Protect hew A. ~ 10th1Ao 46U1».(4 941.4,144 64.4 6....0440 r 411#49 See maroa.o.1 la Oido.4a1f m6rwa.on to to on rho 4nr10da.ea! pa'. deg. . -Yes X~Ne 1t.. 9 N..60, of ISM IM 415,114.94 r4ov46ref 14.14 d.0 d.e010eawo.t I.d,V.4, 11 of ..604.010, f4w.1,411, 1.1.0146444, 0, la.411 Fa.J.e1 be1.e41 Ito -Yes XR He F60ot Is 0A*a n4 41INr trl4p4/ 4n.lune4 oa Art 01.4004 1.46.1..0, $4 ,n60r.e1r4n 101 aUd,Oad irlf«ewr.oa to le 1 00464.49, r oa.e~p41010 04041.4. Y 46 -AM- NO 4040 11. Y Mo pope a a do46l.0ed fioM 74160101 u46f 1e4 U6111Xl.4.o 00 add.GOrat lnfOt il" 10 to 0440, ~_9n No i cji _4 J t t r fi a,+a Avvr...s Mo. ao-aoua PART III _ BUDGET INfORXATIOM 1111C 11014 A IUDOaT tUY11ART rYdgR ~ y hb.a t .a "1-- i s. s. loskt ~ t i s s t s tt IMI a . 1I11DOIT CATtCOIIIF1 i I. ra. Db,nr C,nl C/fp'll _ C-• O.y._, I..e•..•.•l,•..,•. • C J Re es n Local Cas .n ` r""""14 126 666 s -0- t s ~t 26.666 a r,•M, afsa, 9.734 cy% ' t. T,f+14 7 4 < < 3,703 31103 7`406 t. sooun 4,610 -0- 61 I. a141n.r _3.600_ -0- ~ Cwencta - - R 0nw Tra,l tw m C.r t q 1 52,016 i. TOtAL1 150,173 t 31703 t t s 53,876 I. rr,liN bKMf 1 1 1 t I ' r 1 I E F E M1 I Cm Aftf.41 ft. so,-6610 1 SECTION C - NON-FEDERAL RESOURCES f.l u.M L,p., ISI APPLICANT Id SIJIC• In amor IOURCt{ 1.1 WALI e Special Enforcemen unit/1 Child -Abu _~0~173~ 1 1 53 876 sh 1, r 11. n. TDrALI 1 ~ 0 17~ 1 + 53t_@76 SECTION D - FORECASTED CASH NEEDS I.d I. 11 V. 41 O...w IM D.+.. 364 P.... elk O.... ' q hL.d { 1 1 1 1 W 101AL { 1 1 1 1 i SECTION E - BUDGET ESTIMAT EOERAL FUNDS NEEDED FOR BALANCE OF THE PROJECT I rWtlec ruko PCRIOOS RCARSI I 1. 10.44 NW40 I,I PIR11 CO L) fO 1NIf0 MIDUe104 14 L- I~ i 14, ~ Ir I { I _ { 1 1 Coo rDTA 1 II SECTION F - OTHER BUDGET INFORMATION Uliwk.MY..,.I Slow, M II...... 14 u D.w c++r•• CJD - $50,173; Applicant - $3,703 i , It w4wlc"1*11 CJD - $1,860 II. R..S., The City of Denton will provide matching funds of $3,703 v PART IV PROGRAM NARRATIVE (Allech #of (ailluelien) I I I Suggested Format Other Budqet Information Part lA Governor's Criminal Justice Division SectioA F Line 21 BUDGET NARRA77VE Begin holovr and add as many ronUnuatinn pages following each schedule (A), BI, etc.) as may be needed to er.t,lain each Item of the project hudget. Narrative should Include explanation of the hasis for arriving at the cost of each iten Including Grantee Local Cash Contribution Items. All amounts should be shown in whole dollars. SCHEDULEA PCRSONNEL 1. Direct Salaries A OF TIME TO THIS TT TITLE OR POSITIONI PROJECT2 REQ~IEST CONTRIBUTION TOTALS (A) Police Officer 100 It S 26,666 S -0- S 26,666 (B) $ 5 $ (C) _ S 5 $ (D) S S S (E) S S S (F) S S $ (G) S $ $ (H) S S $ TOTAL DIRECT SALARIES $ 26.666 S -0- $ 26.666 2. Fringe Benefits % or SRate FICA !d 7.51% S 2,241 S -0- S 2,241 RETIREMENT it 3.5 % $ 1,641 $ -0- S 1,641 _ INSURANCE 0 $114.14/mo. S 1,370 S -0- S 1,370 OTHER (EXPLAIN) WC 0 4.39% S 1,310 S -0- $ 1,310 ac nt ve pay mo. , , ycasnyjpy 101,,0 140 -0- $ 940 Benefit Adiustment 8uiXeJ°oq4na4ttafYJ'$ 1,492 -0- $ 1,492 TOTAL FRINGE BENEFITS % $ 9,734 S -0- S 9,734 TOTAL PERSONNEL'BUDGET S 36,400 S -0- $36,400 I. Include only one position per line. Briefly describe the duties or responsibflities of each position. 2. Express as a percent of total time (2080 hrs. per year). 3. Should reflect employee's gross salary attributable to the project. t CJD-10 ~I I i PERSO 11 IF A- This position will hold the responsibllity of investigating all child abuse cases, enforcing the laws as they Apply to child abuse, and creating programs/projects to enhance this project. This position Is designated to devote 100% of their time to this project. rai>vr>: B NEFITS: The following is a list of benefits and they are computed: 1. FICA -7.51 % x (salary + longevity + cerification) -$2,241 ^ Retirement -5.5% x (salary + longevity + cerification) -$1,641 3. Insurance -$114.14 x 12 mos, -$1.370 i 4, Worker Compensation -4.39% x (salary + longevity + certification) ■ $1 ,310 S. Certification Pay S20 ce ~ Certificate (S 120 per month) n $1 240 b. Longevity _ certificate / .95 7. Benefit/ufjustment -subtract- + r g + inaltotal $1,492 I ' i I~ I r e Suqgested Format Part III Other Budget Information Section F Governor's Criminal Justice Division Line SCHEDULEB PROFESSIONAL AND CONTRACTUAL SERVICES Cj LOCAL CASH DESCRIPTION OF SERVICE REQUEST CONTRIBUTION TOTAL $ -0- $ 3 600 (A)Medical exam for child sexual assault $ 3 600 $ $ (B )victims ($150 x 24 - $3,600.00) $ $ $ $ (C) $ $ $ (D1 $ $ S W $ S $ (F) $ $ $ (G) $ $ $ (H) TOTAL PROFESSIONAL AND $ _0_ $ 3600 CONTRACTUAL SERVICES BUDGET $ 30600 - i REQUIRED NARRATIVE: prBriefl s describe eda" DextrlDethe C0> ~a~Wj gear the cost and work each line item. N07E: Grant Applications in which the proposed program will be operated by a third party, under contract from the grantee, should attach with this schedule sufficient budgetary information on the contractor to disclose the sources and amounts of all revenue. REFER 70 INSTRUCTIONS FOR COMPLETION OF CJD-l[ IN APPLICATION KIT f CJD-11 i i a 3 a ~ f S,,,~,,, ~n~Tn►rniAL SERYtGES SGHEDl11 F B At this time the Denton Police Department is in the process of taking bids from Medical doctors in the local area who have an expertise In the field of medical evidence of child sexual assault crimes. By contracting with these medical experts this agency will have access to the use of e 'Copexope', A Copescope is a highly sophisticated microscope which allows the medical doctor to examine the interior of a child's sexual organ. If a child has been penetrated the Copescope will allow the medical doctor not only to see the evidence of the penetration, but allow the doctor to take photographs of that evidence . This evidence can be located up to two years after the offense. The Copescope has been used in child sexual abuse cases across the nation and, for the Jan past two years, has been excepd waasfable uto file twoicases odf childInsexuathe in which to February, 1934, this agency Copescope piaM a major role in the chain of evidence. In the area of Denton this agency has found several doctors who do have the expertise and ability to use the Copescope' All of the doctors who have been intervie We weda ave gi for a b,041ice of S 150 for a child sexual assault examine using the CopescoD this child grant to be dedicated for these e cola be used (12 x 150 = $ 3 6100), This agency has also sexual assault In which a co Attorney's office and they are using Copescopa evidence in their checked with the Denton District cases whenever passible. it is believed that by using the professional services of these expert doctors, and by using the owescooe the Denton Police Department will be able to tremendously Improve its quality of investigation in the area of child sexual assault. It should also be a xmthat fne at this time there is not an agency in the Denton area that has the funds for a Copescop 1 nIn- i IA 1 /II I , Suggested Format Part III Other Budget Information Section F Governor's Criminal Justice Division Line 21 SCHEDULEC TRAVEL 1. Local Travel MILES TRAVELED $ CJ LOCAL CASH POSI'T10NIT1TLE ANNUALLY RATE REQUEST CONTRIBUTION TOTAL 1 (A) $ S $ (B) $ $ $ (C) $ $ $ (D) S $ $ (E) S $ $ (F1 S $ $ (G) $ $ $ (H) S $ $ LOCAL TRAVEL TOTAL $ S $ ~ t I 2. In-State Travel (Specify Clearly) PURPOSE DESTINATION $ $ $ $ $ $ $ S $ • $ $ $ INSTATE TRAVEL TOTAL $ S. $ 3 Out-of-State Travel (Specify Clearly) S $ $ $ $ $ I _ $ S $ OUT-OF-STATE TRAVEL TOTAL S $ S TOTAL TRAVEL BUDGET S $ $ NOTE: If personaL'y owned vehicles are to be used, transportation costs should be shown on Sctadule C; if agency or leased vehicles are to be used, the vehicle operationlmain- tenance costs should be shown on Schedule F, 'Supplies and Direct Operating Expense.' REQUIRED NARRATIVE: Briefly describe the applicant's travel policy (i.e., mileage rates and per diem rates). Specify purposes for each item of travel. Break out costs of each in-state and each out-of-state trip to separately show the specific costs of transportation and of per diem. CJD-12 I r 3 4 F i; ~II II I 1 1 Suggested Format Part III Other Budget Information Section F Governor's Criminal Justice Division Line 21 SCHEDULE D "OUIPMENT PURCHASES CQUIPMENT NAME OR DESCRIPTION CJ LOCAL CASH TN- I QUANTITY REOUEST CONTRIBUTIONI TOTAL _ (A) Desk $ 143 S 143 S 86 I (n) Desk Chair S 1,10 $ 110 $ 20 (C) Side Chair $ 119 S 119 $ 238 (D) File Cabinet S 110 S 110 $ 220 (E1 Computer Table $ 150 $ 150 S 300 (t') Calculator $ 42 S 42 $ 84 (G) Tape recorder S 33 S 33 S 66 _ (H) VCR Camera/recorder $ 778 $ 778 $1,556 (11 Camera Lights for VCR S 83 $ 83 $ 166 r 1J) Tripod S 55 S 55 $ 110 TOTAL EQUIPMENT BUDGET S 5 - $ ****See next e, 13a 1. Minimum of 50% local cash contribution required for a~iaurchases. ,?ErjUiRED I.ARRATIVE: Describe the basis forarriving at the coat of each line item. SCHEDULE E CONSTRUCTION CJ LOCAUCASH -:X7 ITYI FACILITY REOUEST CONTRIBUTION TOTAL (A) S S S ~ i 13) S S S I_) $ $ $ (DI $ $ S I"c) _ S S S 7A CONi?RI;CiION BUDGET $ S S r- State usheihor request is for consarucllon or ronovatiem. Renovation of $5,000 or less should ba shown on Scnedulo F,'Suppllas and Direct Operating Expense.' R LQUIRED NARRATIVE. Describe the basis for arriving at the cost of each line Item. CJD-13 , Suggested Iormat Part III Other Budget Information Section F Governor's Criminal Justice Division Line 21 SCHEDULE D EQUIPMENT PURCHASES EQUIPMENT NAME OR DESCRIPTION CJ LOCAL CASH AND U %NTFFY REQUEST CONTRIBUTIONI TOTAL K) 6Ac1c Dolls $ 9Z_ $ 97 $ -144 L) W&k 35 mm Cane q y+ith_ 1l ns~~ S 141)0 $ vnQ $ 6fA S} pDtit Came*• ~ese $ 11 $ 11 - $ -~2- 0) pePD{ Computer system wit $-1 Aoo $3,200 (F) S S $ (Gi $ $ $ (H) S $ $ (1) - - $ $ S f U-) $ S $ $3,703 $ 7,406 TOTAL EQUIPMENT BUDGET $ 3,703 1. Minimum of 50% local cash contribution required for all purchases. j RE-WIRED NARRATIVE: Describe the basis fc+r arriving at the cost of each line item. i SCHEDULE E CONSTRUCTION CJ LOCAL'CASH OTWITY1 FACILITY REQUEST CONTRIBUTION TOTAL. IA) $ S $ Ir ~a1 S $ $ (C)$ $ $ (D) $ S S - f. C4'"^RI:CTION BUDGET S $ $ 1. St3to whether requos: is for construction or ronovation. Renovation of $5,000 or less should W, shown on Scnoduha r, 'Suppitrs and Direct operating Expense.' 17':VUIRED NARRATIVE: Describe the basis for arriving at the cost of each line item. CJD-13a Folk PMEMI SS HM-MM Items A to F; Equipment prices were obtained from the City of Denton Purchasing agent, Tom Shaw; 509 of the cost are listed In local cash contribution. Items 0 to R Equipment prices were obtained from catalogues; 5019 of the cost is listed as local cash contribution. Items K to 0, Equipment prices were obtained from local area vendors; 509 of cost is listed as local cash contribution. NARRAB L In item H we have asked for funding for a VCR camera (509 Local cash match). We feel that by using a camera, both in interviewing children and suspects, we would have a powerful and accurate tool to add to our investigations. Even though the law no longer allows the use of video statements of children in the courtroom we have found that often the, child/victim credibility come into question by the defense. Under these situations the state can introduce video tapes of the Childs interview as evidence of the Childs credibility. Mother issue that arises in this area is that of the Investigating officer being accused of leading or putting • words into the mouth of the child, again, by making video tapes of these interviews the state would have hard evidence of a proper interview. The video tapes would also be used for review and training purposes in the hopes of improving the overall quality of the agencies performance in the area of child abuse. The third purpose for the use of video tapes would be in the area of crime scene reproduction for child abuse. Not only would serious child abuse wounds be video taped but the crime scene themselves thereby giving a full and accurate reproduction of the incident. I f 1 CJD-13b 1 I I I i In item 0 we have asked for funding for a computer (509 local cash match). With the use of a computer we would be able to data base our information on child abuser's and Incidents. With a data base ability we would be able to locate abuser and situations in a much more efficient manner and increase our ability to locate unknown child abuse suspects. With a computer we would also be able to share Information with other agencies, such as the Dallas Police Department, who have computed-ad their data, This would greatly help in Investigations of unknown child sexual assault abuser's. Overall we feel that the use of a computer, in today's investigation of child abuse, Is a very important tool. I I j CJD-13c I r Suggested Format Part III Other Budget Information Section F Governor's Criminal Justice Division Line 21 SCHEDULEF I SUPPLIES 6 DIRECT OPERATING EXPENSE I - DIRECTLY CHARGED SUPPLIES CJ LOCAL CASH a OTHER OPERATING COSTS REQUEST CONTRIBUTION TOTAL (A) Mileage reimbursement (see below) $ 4,000 $ -0- $ 4,000 (B) 35mm film ($4.0104.96.24) S 96 $ -0- S 96 (C) VCR video tapes(3.05x24.73.20) S 73 $ -0- S 73 (D) Office supplies $ 400 $ -0- S 400 , (E) Recording tapes($1.36x30.40.80) S 41 S -0- S 41 (F) $ $ S (G) $ $ $ (H) $ $ $ (r) $ $ $ I U) $ $ S 1 TOTAL SUPPLIES S DIRECT OPERATING EXPENSE BUDGET S 4,610 $ -0- S 4.610 ' REQUIRED NARRATIVE: Describe the basis for arriving at the cost of each ]be Item. it '•''4',i. I SCHEDULE G INDIRECT COSTS CJ LOCAL CASH REQUEST CONTRIBUTION TOTAL (A) Indirect Costs Per Approved Cost Allocation Plan $ S $ j (B) Indirect Costs Per CLD Computation Table S t -FlAn- $ XXXXXXXXX $1,160 NOTE: Indirect costs are authorised in an amount not to exceed the computation table In Ap- pendix B, 1987 Criminal Justice Plan for Texas, or as authorized per the applicant's cost allocation plan. REQUIRED NARRATIVE: If method (A) is used, specify the rate and attach a copy of the docu- ment by wbicb the current cost allocation plan was .approved. CJD-14 5UPPLiES SCHEDULE F Item A (Mileace Reimbursement): Bases on City policy tsee attached CJD- 14b and 14c), the city will reimburse $ .25 per mile. We are predicting that the Child Abuse Investigator will drive approximately. 16,000 miles in a 12 month period. Based on this figure, 16,000 x .25 ■ $4,000, would be the mileage reimbursement amount. I t em B Mmm Film): 24 rolls x $4,01 - $96 Item C (Video Tape): 24 tapes x $3.01 ■ $73 ate D (Office suoolies): General office supplies ■ $400 Item, E (Recording tapes): 30 tapes x $ 1.36 • $41 I I j i I CJD-14A I l CITY OF DENTON PAGE 1 OF 2 ADMINISTRATIVE POLICY / PROCEDURE REFERENCE SECTION: FINANCE POLICIES NUMBER, 408,02 EFFECTIVE DATE! SuIAM REIMBURSEMENT OF EMPLOYEE EXPENSES 4/7/82 RE/LACES: TITIEr USE OF PERSONAL VEHICLE 1, Reimbursement for Occasional Use. The City of j Denton will pay employees $0,25 per mile for using their personal car on City business, 2. Reimbursement When Job Requires Personal Vehicle. When the City of Denton foh description requires an employee to furnish a personal vehicle as a condition of employment, the City will pay $0,25 per mile plus $25 per month. The $25 per month reimburses the employee for fixed I, expenses associated with the vehicle such as ' registration and insurance. 3. Maintenance. The City pays for maintenance costs through the mileage charge. Consequently, the City will not pay employees for separate j maintenance. If an employee's vehicle fails to operate and the employee is out of town, the City will pay the cost of towing the vehicle to the j ~ I` I j ~ CJD-14b 1 1 1 I I r I i x d ►AG E? 0 F__Z_. CITY OF DENTON ADMINISTRA TIVE POLICY / PROCEDURE (Continued) AEFEACNCI USE OF PERSONAL VEHICLE NUMBEn: 4 TITLE: r+uMS08.02 ~ 4 I 1 nearest garage. If, however, the employee is in town, the City will not pay the cost of towing. i 4. Insurance. Employees are responsible for , 1 informing their insurance comoanies that their vehicle is used for business. The City will insure employee vehicles to cover the City's ' liability incurred while driving on City business. Employees are responsible for their own insurance coverage for "uninsured motorist," "collision" and "comprehensive." I I !I J 1 f CJD-14c PART Vi -PROGRAM NARRATIVE 1, Objectives and Need For This Assistance. As stated before, in 1988 the Denton Police Department had 346 referrals from various sources In which there was a suspicion of child abuse. Out of that 346 referrals this agency was only able Investigate 78 (2259) of these cases. Due to the lack of manpower, money, and time 77.59 (268) of r' the listed referrals did not receive all of the investigative attention they may have warranted. With the help of this grant, the Denton Police Department would have a full-time child abuse investigator who would devote 1009 of his or her time to child abuse. With this added manpower the Denton Police Department would be able to investigate many more (an estimated 35% more) of the suspected child abuse Incidents and referrals it receives. With one investigator devoted solely r.; child abuse cases, the quality of investigative work done in these ~.-,nds of cases will Improve, The Investigator will become a departmental expert in the field, his skills and resources widening with experience. As the investigator hones his skills, the entire department will benefit, becoming more expert in detecting . child abuse offenses, The child abuse investigator would help to further the department's education by assisting in training programs for all officers at the Denton PelIce Department, It is believed that by taking a proactive stance In child abuse Investigations, thls agency will be able to Intervene in abusive situations In their infancy states, before they reach higher levels of violence. It is the objective of this grant and of this department to Investigate, follow- up, and enforce the laws In as many child abuse situations as possible. ---1 Through the use of a "team" approach with Children Protective Services and the Denton District Attorney's Office the overall investigation and enforcement process would become much more efficient, and therefore less traumatic, to the victim. With the use of a VCR camera video statements could be taken from the child and the abuser. Video tapes would also be used to help train the department personally and be reviewed for quality of skills. With the use of an computer the agency would become much more efficient with date and suspect information, CJD-15 I M a r 2, Result; or Benefits Exoec 9 This grant will provide a full-time Child Abuse Enforcement officer, j utilized on child abuse operations only. This Project Will Implement a pro- active program directed at child abuse, It is expected that the cases investigated will increase by at least 3594 within the first year of the grant. It is also expected that the number of uninvestlgated-Invest lgated Incidents/referrals will decrease. Through this project it is expected that the quality, awareness, and expertise of the whole department will improve over time. 3 I 3. Aooroach: As stated before, the Denton Police Department will take a "pro-active" f 1 stance in dealing with suspected child abuse incidents. By assigning a full time investigator to child abuse, the agency will be able to dedicate many more hours of investigative time to this problem, The investigator, by familiarize himself with members of the agencies involved in these cases, 1 will help facilitate a swifter, more cohesive flow of events throughout the investigation. Currently, a victim may be questioned by several different agencies, causing unnecessary psychological stress. A "team" approach, in which the Denton Police Department, Child Protective Services, and the Denton District Attorney's Office worked in conjunction toward a common goal, will greatly improve the conditions in which victims are treated. By using medical sexual assault experts, we will be able to develop physical evidence that we were unable to locate before. We have asked for a portion of this qrant ($3,600) to be dedicated for CJD-15a I r j i consultant fees to these experts, which gives the department access to the use of a copescope. A copescope Is a highly sophisticated microscope which allows medical experts to examine the interior of a child's sexual organs and discover evidence of penetration up to two years of the offense. The copescope also allows the physician to photograph this evidence which may later be introduced in court as physical evidence. i During the course of the grant, the Denton Police Department will collect ongoing data on the number of referrals made, as opposed to the number of cases investigated. This data will also Include the number of felony and misdemeanor cases assigned for follow-up and the number of felony/misdemeanor arrests. Data will also be collected on race, age and i gender of offenders investigated in the hopes of better understanding the ! abusive phenomena. Data will be kept on the kinds of cases investigated, Le., physical, sexual and neglectual abuses and other child abuse-related offenses. Data will also be kept on the outcome of investigations, i.e., I conviction verses non-prosecuted cases. Data will be compiled on a semiannual basis by the Child Abuse investigator. f 4. Geograohlc LocatIQn- This grant would serve the people of the City of Denton. Denton is located I approximately 30 miles northwest of Dallas and has a population of approximately 68,000. i 1 j CJD-15b i i I x rnwntao nLr~ni/YKWE1'L' WAL AlH41VEMENTS 1. Grantee Names City of Denton Police Department 2. Grant Nor To be assigned 2. Project Title- Special Law Enforcement Unit/1-Child AbuseI_nvestigator (New Project) 4. Report Time Period Initial to Column 1 Column 2 Column 3 Column 4 Annual Updated Number Projected Actual Number at Number at Number at at Project Project Start Project Semi-Annual Start (Actual) Cor;,pletion or Final (Est.) Report (Circle one) 1.N~umbe~r of personnel assigned to the unit. h 01 2. Number of felony cases assigned for follow-up. I ' L -78 100 4 3. Number of misdemeanor cases assigned for follow-up. i 5 4. Number of felony arrest. i 724 24 33 .Number of micdemeanor arrests. l 3 ° 6. Number of cases cleared. 53 ?2 7. (81]) 366-8161 go Tecjj_~ ctor phone N eW_- I r Date ubm t d Revised 2/88 CJD-16-a III r r t ~ PART V (Continued) I The Phrase 'Federal financial assistance• includes any form diofsasteloan,r asgrsianstt, guaranty, insurance payment, rebate, Subsidy, direct or or grant, or any other form of indirect Federal assistance. 12. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16•U.S.C. 170), Executive Order 11543, and the Archeological and Historic ~ 1966 (16 U.S.C. 169a-1 Preservation Act of at seq.) by State Historic Preservation Officer ion thesconductwofh the investigations, as necessary, to identify properties listed in or eligible@for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFA Part 800.8) by'thc activity, and notifying the Federal r agency by alb) complying of with all existence requirements establisced tbysthend i Federal grantor agency to avoid or mitigate adverse effects upon such properties. a 13. It will comply with the Uniform Grant and Contract Management Standards (UGCMS) developed under the directive of the Uniform Grant and Contract Management Act of 1981, Texas Civil Statutes, Article 4413(329). I(1 ~ I I i CJL-18 I I p u Si S 1 i. 1 ti yr; F c . DESIGNATION OF GRANT OFFICIALS In compliance with CJD rules relating to Eligible A licants and Plication Processi AA ng, Subsection 3.48(c), applicants must provide the tuTT names, tit es, addresses, and telephone, numbers for the auth- orized official, financial officer, and project director for each grant submitted fur consideratton by the governor. APPLICANT: City of Dentorl Police Department. Texas PROJECT TITLE: Special Lary Enforcement Unit/1-Child Abuse Inveltigator ' New Project) Bill Cummings Project rector (Type or Print) Want a cer (Type or r nt Captain Finsnce Director I Title Title 221 North Elm 215 East cKi e Address (Street or P. . Box ddress treet or TtBox) Denton, Texas 76201-4107 _ City co_ Texas 7620 y P Y 3p (817) 566-8161 (817) 566-8228 e ep one umber a ephone Num er i Llo d Harrell uthor -zed Official (Type or Print) City Manager 7Tt e 14 215 East McKinney Street dress treet or ox j Denton, Texas 76201 pity p (817) 566-8409 e ephone Number WD-19 H FART V ASSURANCES Tee Appliconf 6emby anueve one cow, !five that se will comply with IM regulations, policies, guidellnes one rr_ puiroarnu, incfudinq OMB Circulars No. A-95, A-102 and Na a 11 , os they mote le the ipplicefion, accpt- ooca one use of Foderal luxes tor, thh fedetally-es slued prei., Also the Applicant assures and cMilles to the orml thel; 1. II poweass tool authol ly to Wait, for the grant; Out a 4, It will comply with roqulremonu of Ou provLlona no,llution, motion set sunder scbon hn been duly of the Unilorm Retoutton Assisu" and Real Property adopsed at pawed at en eflaul act of the aophunt's Aaquisitions Act of 1010 IP.L 018461 which pnovidts gaorninq body, outhortaing the riling 01 the appt;cm en, lot fair Md equitable 1r111trrnt el persons ditptactd se a Including all undoryundnga and assurances contained ttsutl el Federal end federally assisted programs, r Overfill, and dinning and euthor;ting the person identi. 5. It will comply with the provisions of the Hetdt Act tied as the offc;al teprnentathe of the ac+plreant to ael which limit the political activity of employees. In connection with the Wpl,ulion aril to provide such a. It will comply with the minimum wage Mil maslmum addAponal Information a mey b, :s(uired, hours provisions of the Federal Fair Ubor Sla•idstdt It will comply with Title VI of the Ctril Rights Act of Act, n they apply to hospital and educational Institu• t;OA t It will 11 establish eM Of uSfatale And toeel governments. pla from 1064 (Pule. 883521 and in oocordanct with Title Vt of 2I purpose prohibit that t 6 h at 0r givn the Ghat Art ate person in the United Sutra iii an the w wit P podsom for Irde to j pound of racy, color, or nationaf ongm, in eacludsd ire their ham participation In, be denied the bervfutt of, at be W.Pearance of being matlvated,by I Oeshe for private oOhorw+u subjected to ditcriminstion under any pro pin for Ohemsetvta or others, ponievlkrly those with ram at activity lot w4l6c h the applicant rmivn Federal wihom they have family, business, or other tiH, flnwtcid esistanu and Witt immrdulely take any mu 0. It will give this sponeainq agency W IM Comphellir auto neensary to r"Ki wale this woemenl. Conaerol lhtough any fulhorlsad repreeentafive the 1 It will comply with Title VI of tht Cab Rai ta Act of elate to and the Fill le •:anhino c11 roeade, V0011, 10W 142 USC 2000d) prohibiting employmmt distr;mi• aspen, a daumenta related to the gronl. nation ware 11) tht ptlm►ry purpose of a grant is to 0. It will comply with all ttyuiremente Imposed by Ise pruvicit employment or (21 discriminatory emptoymMt Fadusl sponsoring agency concerning special pnectwn will recap in ur»qual oaatmmt of persona who ra404srnonle of law, program nquirorivii end other we or should be ismetit;ng from the greens sided activity. sdntinl-ha}Ir~ revulrseeerrts, 10,1t will insure that the facilities under its ownership, lease or supervision tntch shall be utilized in the accomplishment of the project are not listed on the Environnental Protection Agency's y (EPA) list of violating -Facilities "d that it will notify the Federal grantor agency of the receipt of my cotmunication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is ruder consideration for listing by the EPA. ll,It will comply with the flood insurance purchase requizements of Section 102(R) of the Flood Disaster Protection Act of 1973+ Public Law 93-234, 07 Stat. 915, ipproved Decimber 31, 1976. Section 102(a) requires, on and after Karch 20 19751 the purchase of flood 7 insurance in communities where such insurance is available as a l condition for the receipt of any Federal financial assistance for comitruction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Rousing and Urban Development as an area having special flood hazards. t I CJD-17 s i A ~ I Ail 1 I II f 1 I 1 1 I I I MATI I all] a CirYOl DFNTONiTEXAa MUNICIPAL BUILDING / CENTON, TEXAS 70201 TELEPHONE (S 17) a66-830? OHlca of the Cfly Mensper M E M O R A N D U M TO: Lloyd V. Harrell, City Manager FROM: Rick Svehla, Deputy City Manager DATE: March 29, 1989 SUBJECT: Mayor's Request on Letters of Credit Attached is some information from the Attorney's office on nur request about letters of credit. As you can see from Joe's discussion, he does not think that they would offer the City very much protection. Since the mayor asked us to research this. I thought it would be appropriate to advise him of doe's thoughts as well as our own experiences in the past. As we have indicated before, the money in escrow is much cleaner for the staff to work with. If the Mayor would like for us to move forward with this item, we would suggest taking it to the Council for their review. After direction from them, we could then proceed with amending the appropriate ordinances if that is the wish of the Council. If we can provide any further information, please let us know. Rick QSvehla Deputy City Manager RS:bw 4496M Attachment i 4 I OFFICE OF TFiE CITY ATTORNEY MEMORANDUM T0: Lloyd V. Harrell, City Manager FROM: Joe D. Morris, Assistant City Attorney SUBJECT: Letters of Credit for Public Improvements DATE: March 13, 1989 In your request of March 10, 1989, you ask whether the Denton Development Code could be amended to allow a development to provide the City a letter of credit issued by a "national organization" such as the Methodist Conference, to provide for security for the completion of public improvements required by a development. In the context of insuring the completion of subdivision improve- ments, letters of credit are generally issued by a developer's bank j or financing institution to insure payment to complete the required public improvements in case of default of the developer. A "credit" or "letter of credit" as defined by the Uniform Commercial Code means "an engagement by a bank or other person made at the request of a customer . . . that the issuer will honor drafts or other de;nands for payment upon compliance with the conditions specified in the credit." U.C.C., Section 5.103. I have attached a copy of an article by Richard Kelley concerning the use of letters of credit to insure the completion of sub- division improvements. As he points out, . . the usefulness of the standbo letter stems from its most important and unique characteristic: the undertaking of the issuer (the bank or financial institution) is absolutely independent of the underlying ` agreement between the account party (the developer) and the beneficiary (the City)." Although by definition, letters of credit are not strictly limited to issuance by banks or financial institutions, accepting letters of credit from other than banks or financial institutions would provide little or no security to the City because there is no way for the City to know whether the institution has the financial resources to pay the letter of credit. More importantly, in referprre to the Methodist Conference as the potential issuer of the letter cf credit, you did not indicate the Conference's relationship, if any, to a potential development. If the Conference is an affiliate of the developer, issuance by the Conference would defeat the purpose of requiring a letter of Lloyd V. Harrell 1 March 13, 1939 Page Two I credit. As noted above, the effectiveness of a letter of credit depends upon the independent obligation of the developer and the person issuing the credit. In summary, we believe that amending the subdivision regulations allow ar developers financial institutions credit t insure the other than banks or simil completion of public improvements, would offer the City little or no protection. i J D. Morris xcs Jerry Clark, City Engineer 89-141 1 ~ f l 1 I r ' I i f i i i 1 i r 39 Or Other Adequate b 1 , Security": Using, Structuring, and Managing the Standby Letter of Credit to Ensure the Completion of Subdivision Improvements Richard Kelley Associate Attornay. McGinnis, Lochridge & Kilgore, Austin, Texas; B.F.A., Unisersity of South Dakota, 1970; J.D., Unisersity of Utah College of Law, 1984, i Michael M. Shultz Assistant Professor of Law, Unisersity of Sits souri-Kansas City; B.S., Illinois State Unisersity, 1973; M.A., University of Northern Colorado, 1974; J.D., Unisersity of Utah College of taw, 1984. i 1, lntrdductlon SINCE THE LATE 1920s when the pernicious and costly effects of the premature subdivision of land began to be felt, local governments have sought methods for shifting the burden of capital improve- ments from the public to the private sector.' Through the use of state enabling legislation implemented by local ordinances, cities and towns began to require developersof commercial and residen- tial subdivisions to construct at their own expense a variety of improvements, including streets, curbs, gutters, sidewalks, drain- age facilities, sewers, water systems, and landscaping,' f More recently, local governments have been testing the scope of that legislation by requiring developers v dedicate land for parks, schools, libraries, and open space areas within the development project,' In addition, governments now require developers to 1. See gtntral7y P. CORNIU, PAEAUTCaE SUBDIVISION ASD ITS CONSEQUENCE! (1938). 2. See R YEAxwooo, LAND SUaDrvIsION REOULSnoN 12441 (1971). 3. For a review of the various means by which local governments shift the cost of the capital improvements to developers, see Comment, Allocadnr'he Burden of Increased Community Costs Cawed by New Develop me", 1967U. ILt, L.F. 318. ~ I 431. V '`L i r ''hd , i r 40 slit. URHSN LAw1iR Vut. 19. No I WIN IIR IIN7 StaWati make off-site improvements to roads, sewers, and drainage sys- amines its terns, While all of these devclopmcots have been resisted by de- ments. velopers on a number of grounds, the trend in the courts is clearly in support of the local government.' p, The Na Acknowledging that the local government has the power and the Leu authority to exact from the developer his promise to construct certain required improvements, the problem then becomes one of A letter of securing the developer's promise to perform,' An agreement by ,issuer," t the developer to construct various capital improvements in ex- "account' change for final plat approval is of little value if the government third part; j lacks ready access to funds with which to complete improvements the benefi 1 should the developer default. Thus, most local governments re- and distin. quire the developer to secure his promise with some form of ment-fo collateral or guarantee. The developer may, for example, give the tween the i government a deed of trust or mortgage encumbering some of his the agrees ' property, establish a cash or property' escrow, or post a corporate of the cre surety bond.' bank to p Most local governments also ha-,e the authority to accept letters the satisL of credit as security,' Although letters of credit offer significant The to advantages over other security devices, they are not widely used twelfth ct and often are misunderstood when they are us-A. This article ters of c discusses the nature and function of the standby letter of credit, a commerc variation of the traditional commercial letter of credit, and ex- credit ins 1 satisfactc 4, Set, e.g., Norsco Enterprises v, City of Fremont, 54 Cal. App. 3d 488. 495. S^tt T Of 126 Cal, Rptr.659.663 (1976) (upholding land dedication and in lieu fee roRuire• other da + ments forcondominium conversion even though project created no new r:•stden• obligates sal units). Tho courts are also coming to agreement on the requirco it that sufficiently specific standards must constrain local decision making, : ee, e. , eornmert Bearer Meadows v. Board of County Comm'rs, 709 P.2d 928, 938 (Ccto. 1985) follows b (offsite road improvement requirement invalid %hen county failed to adopt presence sufficiently specific standards to determine extent,)( improvement ante develop- Underl i eT's pro Pura share of responsibility for improvements). y 5. The local government might also have authority to require the completion of all subdivision improvements as a cundition to final plat approval. For & variety of reasons, such a requirement may not be advisable or politically expedient. See generaily, Shultz & Kelleyy, SubdivLriort Jmprovemenf Requiremenu and 8. Set Guaraniem A Primer, 28 J. URa. a Cosimp. L. 3. 7-10 (1985). Develop 6. See B. RDGAL, SLIDIVISION IMPROVEMENT GVAUNTLES (1974) (available 9. AI' through the Planning Advisory Service, Report No. 298)(discussing vanoust) pet by"Rba of subdivision improvement guarantees). The term "guarantee" is not used in the 10, F. technical sense that a guarantor is required by the local government. Rather, Nat'I Ba "guarantee" refers generically to the arrsy of security devices. 11, S 7. Although the corporate surety bond is by far the most widely permitted (}1984). I Security desiCk, lee s. SUDEL, HOL'sING COsTs a GOvERN'MENT REGLLATIONS 136 f L!C (1978) (Citing CENTER FOR LIRIAN POLICY RESEARCH, SURVEY OF MLNICIPAUTIES u;rl (1976)), most state enabling legislation petmitsthe use of bonds, assurances "or Riv. 1Ol a other adequate security." See Shultz & Kelley, supra note S, at 40, 12. J. I I S~ v%DH1 Ll III R (IF CRI Till ll amines its role in ensuring the completion of subdivision improvc- ments. 11. The Nature and Function of the Letter of Credit A letter of credit, or "credit,' is an undertaking by one party, the "issuer," to substitute its financial strength for that of another, the "account party" or "customer." and to pay a sum of money to a third party, the "beneliciary," upon presentation and demand by the beneficiary. In any 1, ttcr of credit transaction, three separate and distinct relationship. exist First, there is the underlying agrc,- meet--for example, the subdivisism improvement agreement be• y; tvseen the deveioper a,td the local givernment," Second, there is the agreement between the developer and a bank' for the issuance of the credit. Finally, there is the agreement or undertaking of the bank to pay the amount of the credit to the local government upon the satisfaction of certain conditions." rhe roots of the letter of credit have been traced back to the twelfth century; until relatively recently, however, the use of let• r ters of credit has been confined to the arena of international "r commercial transactions." In its commercial setting, the letter of credit involves the payment of money upon the presentation of satisfactory evidence of performance. For example, when the seller of goods presents his credit along with his bill of lading or other document showing delivery of the goods, the issuing bank is obligated to pay on the credit. It is important to note that in the commercial letter of credit transaction, payment on the credit follows in the normal course of events. In other Words, the credit is presented icy the beneficiary and honored by the issuer when the underlying transaction ;s completed," J 8. See Shulu 6t Kelley, Subdic,Lhon Improtement Aggreemena that Limit the Dtxeloper't Exposure to Llabihrry, 2 FRAC, REAL Est LAW 39. 4P41 (1986). 9. Although this article refers to the issuer ism "bank," a credit may be issued by "A bank, t any other person," U.C.C. 1 5-103(l)(c), 2A U.L.A. 229 (1911) l0. For+nexcellcrujudicialsummaryofbasicletterofcreditlaw,seeColorado Nat'l Bank v. Board of County Comm'rs, 631 P.2d 32 (Colo. 1981). 11. See generally 3, DOLAN. THE LAW OF LEtTtxs OF CarDrT 46 3A2-A6 984) Recently there has been a growing interest in standby letters of credit. E.g., Leon, Lenen of Credw A Primer, 45 Mo. L. REv. 432 (1986); Mueller, Letrero Crrdil: A,vewToolofTrodeforthe Real EtlateAttorney, 18BAvtoxL Rse.109(1986)12, J. DotAN, rupra note 11. 1.04. 71 7 t wr ,4 ` I'r •l rtF s.~6',4. 1, r.4r^Y.',~i YY'• t V'' 0 IHI. ('kn t\ 15151N Voin 19. No, I Wi`li".H I'ryl S1 \\11115 In recent years, the Ictterof credit has been used in a guar,nty or of credit standby role to reduce the risk of ronperformance of a wid; ar ray ctudit is of contrartual ohligaiions." In this context, the stant.)y letter of credit differs significantly from the commercial letsPr of credit because the credit is intended to be presented for payment only if Ill, The the account party, the obligor under the underlying agreement, Basic let jails to perform his obligation," Thus, at the time of its irsuance, article 5 1 neither the parties to the underlying agreement nw the issuing the seve bank expects that the credit will be drawn upon. Moreover, the personsI circumstances surrounding nonperformance tend to be less pre- demand dicmble, more difficult to &nionstratP, i.,d usually indica,;: the is a lette existence of conflict between the parties, the financi,.l weakness of Uniform the defaulting obligor, or both. ptnmulg The usefulness of the standby )ettc"rcfcredit stems from its most mi,5ion important and unique characteristic; the unuertakingof the issuer be ' bin 1 is absolutely independent of the underlying agreement between agreed.' the account party and the beneficiary,"As a result, the beneficiary of the credit, the local government, is entitled to collect on the A' Erra credit Prior to pursuing its claim against the developer and The Lett irrespective of the local government's ability to demonstrate the lender, existence of a default or comp^nsable injury. The issuer is obli• scope of gated to make payrnent whenever the beneficiary presents the are that credit and any other documents required by the terms of the Once tt credit."In many rases, the accom an in document w' respect j p Y 8 Ili be noth• a ing more than the beneficiary's affidavit stating that the developer or an a is in default, A let The standby letter of credit provides a number of advantages pay mer over the surety bond and other forms of security. If the credit is to aymr be effective as a security device, however, it is essential that it be 1 clearly undcrstood, its terms adequately outlined in the underlying 18. U 1 agreement and, ultimately, that it be carefully drafted and closely Commer monitored. Before examining the various advantages of the letter disputes l /1 re e(tecti 13, See 1d. T 1.06 v mited! 14. fd, 11.04; Pastor v. National Republic Bank, 76 11[ 2d 139, 3S 7 N.B.2d liexecut 894, 897 (19791, Id I I 13. F, q., Philadelphia Gear Cor . v, Central Bank, 717 F 2dMp 233 (5th Cir. Jd20. 1983); Voest•Atpine Int't Corp. v, Chase Manhattan Bank, 707 F,2d680, 682 (2d regale" Cir,19X3);aaU.C,C,;5-114(I),2AU.L,A,259(1977);Uniform Customs and :rd us. Practice for Documentary Credits (U.C P.), art. 1(1983 tevision), 21, . 16. "An issuer must honor adrift or demand for payment which complies with credit 9F the terms of the relevant credit regardless of whether the goods or documents as thect conform to the underlying contract for sate or uthet contract between the cus• entitled tourer and the beneficiary." U.C., 1 5-114(1), 2A V.L.A. 239 (1977). 6605.P 1 ~J r, t+; "Nam jsr ti~x~lntl fl lffH n7 IKE till ~1 ur of credit transaction. the stalutury and case lai regarding letters of ray credit is overvicsvcd. of dtt tII, 1'he Lzov of Letters of Credit e ' } if nt f3asic letter of credit lacy is found in t\% it pritnary sources.'I he first. ce, article 5oftheUniform Commercial Code (U.C•.C ) as adopted by n'- ing the several states, applies to credits issued by banks or other the persons so long as the credit requires either a documcatar%draft or re- demand for payment or the document conspicuously states that it w the is a letter of credit,' The second source of letter of credit lave is the { of Uniform Customs and Practice for Documentary Credits f U.C.P. } i.:. promulgated by the International Chamber of Commerce Com- ost mission on Banking Technique and Practice, which purports to r jet be "binding on all parties thereto unless othersxise expressly cn agrced. 0 i¢ try A. F-trahlidiment he he The letter of credit is issued by the bank, often the development he lender, at the request of the dexeloper. If the credit is within the scope of U.C.C. article 5, the only formal requisites to its validity _ 1ett he are that it must be in writing and must be signed by the issuer." + j he Once those requirements have been met, it is established with th- respect to the beneficiary when the beneficiary" receives the credit xef or an authorized %ritten advice of its issuance," A letter of credit may be a "clean credit." requiring the pre- PCs sentation of no documents other than a draft or simple demand for to payment.:' In its standby role, hoeever, most letters of credit will he 17, U.C.C. I 5-IU211)(al• (c). 2A U,L,A. 224 (1977), ng 18, U.C P. art. 1 11983 resisionl. Although the International Chamber of Ay Commerce has no legislatise authority, the U C,P has been applied in credit ,er disputes by many' courts in the United States, either because the U.C.P. ssas expressly incorporated into the credit or because the U.C. P. provides an accurate reflection of actual trade custom and usage, _ 19, U.C.C. 1 5-104(11. 2A U L,A. 233 (1974 The term "signed" is not limned to the actual signature of an officer of the bank, bu' 'includes any sy mbol 2d executed or adopted by a party unh present intention to authenticate a Writing Id. f 1-201(39), 1 U.L.A. SO (1977). 20, U.C.C. I 5-106(1)(b), 2A U.L.A. 237-38 (19771" No consideration is t 2d In uired to establish a letter otcredit !d. 15-105.2A U. L.A. 237 (1911), Toyota - and Indus Trucks U,S.A. S, Citizens Nat'l Bank. 611 F 2d 465. 469 (3d Cir. 1979). 21. See U.C.C 1 5-I11211)(c). 2A U.L.A. 224 (1977) (applying article 5 to a ith credit that does notrcquireadocumentary'draft ordocumentary demand, solong nts as the credit "conspicuously states that it is a letter of creditor is conspicuously so us- entitled"'), For an example ofd "clean credit," see Travis Bank & Trust s. State, 660 S,14",2d 851 (Tex, 0 App. NO). ) W '0 ti .01 t. y Fr'~ iYrt~ " 07`1, d yyr,~~.5..,~N A; •t!M~ "''1... '.S rte r I 1 S i F ) i 44 Tfll'URP1NIR 1'ut.19.\u.I \VI%IIK1987 StvsulttLett be "documentary credits." requiring as a condition of payment f3efor$Ahe that the beneficiary present one or more documents in addition to a muscec 9tnply s draft or demand.'. As is discussed below, it is essential in estab• credit require lishing the credit that the necessary documents be precisely de- draft or a'.no scribed on the face of the credit. presentation c which a bent B, Amendment difficulty can Asa general rule. a revocable credit may be arr.ended by the issuer manship of tt I at any time without notice to or consent from the account party or i the beneficiary.;' An irrevocable credit, however, may be I). Assignme 1 amended only with the consent of the issuer, account party, and Neither the L beneficiary.' To be effective, an amendment to the letter of credit right to draw must be in wciting and must be signed by the issuer= As with the designated as establishment of a credit, no consideration is necessary to support noted, howev an amendment.: thenhasallot including the C, Presentation conforming c Upon the developer's default on his obligation to complete subdi• The restric vision improvements, the local government's primary objective is permitting th to collect on the credit. Collection ordinarily is a simple procedure protect the p requiring only that the beneficiary present its draft or demand be issued for together with documentation in compliance with the terms of the important in credit." One fundamental rule of letter of credit law is that the ctedtt must be presented for payment at the place specified in the credit. No bank is required to honor a draft on a credit unless it 29. See U. I 1 either issued the credit or engages to honor it. In most local see generally C trat a ons, the credit will be issued b a local bank. If the credit is Balance, 102 B I ~ by 30. See Trav to be :sued by a distant bank, however, the beneficiary would be 1983), wise to require an engagement to honor the draft by • a local 31, U.C.C. t what more res I confirming bank,' expressly des!eI such as'divisih the meaning of 22, U,C.C, i 5-103(4), 2A U.L A. 229 (1977). 32. Shaffer% v 23. U,C.C. f 5-106()), 2A U.L. A, 238 (1917); U.C.P. an, 9(a) (1983 roi• 1276 (Minn. ' %ion). questionable 24. U.C.C. 15406(2), 2A U.L.A. 238 (1977). Prior to its establishment with credit requir respect to the beneficiary, the credit may be amended by agreement of the issuer 33. See U and account party. Id. The U.C.P. appears to permit amendments to the credit 33. Becau without the consent of the account part) requinng only "the agreement of the conformingc issuingbank,theconfirein bank(itany),andthebene6ciary"U.C.P,air.10(d) underlyingc, 1983 revision). See A`tilF [lead sports Wear, Inc. v. Ray Scotts All-American and integrity Sports Club, Inc., 448 V Supp. 222, 224 (D. Ariz. 1978). buyer4ccoun ^S. U.C.C. 1 5-104(1), 2A U.L.A. 235 (1977). Ing document 26. Id. 1 5-105, 2A U.L.A, 237 (1971) Pastor v. Natic 21. I . 114(1}?,2AU A. 2 9 , (1917), 81 H, M .A. 230 (1971). 814 (1964)963), • 28. See ld 15-1 43(1}(q, 2 2A U L C j aY )I, I tN T I I }I sf I „ a J r sI tsl+HS f.I I II R ul Crrl.I)It mere Before the bunk is obligated to honor a draft, the bencticiar' nto a amb- mustcumplystricUs"iththe terms of the credit, '"Althoughaclean' credit requires only the presentation of the credit together with a de- draft or demand fur payment,"' most letters of credit require the presentation of certain other documentation. In many instances in ' "hich a beneficiary is unable to collect on a letter of credit, the E difficulty can he traced to the inadequate or imprecise draft.;. Issuer ntanship of the requirements for supporting documentation, rty or y be D. Assignment and Neither the U.C.C. nor the U,C P. permits an assignment of the credit right to draw under a letter of credit unless the credit is expressly th the designated as assignable or transferable." if the credit is so deli - ' ppnrt naled, ho"cv'er. the beneficiary may assign it to an assignee "ho thenhasaliof the rights of the original beneficiary' underthecredit, including the right to prepare. execute. and present the draft and conforming documentation," 'ubJl• I he restriction on assignability, an exception to the general rule lice is permitting the assignment of contracts," is designed primarily to I edure protect the purchaser of goods A ho has caused a letter of credit to mand be issued for the benefit of the Seller," This restriction is doubly' of the important in the case of a standby credit, "here documentation is it the in the less it 29. See id y S 10912), 2A U L A. 246 (1977}. U.C P. art. IS 0983 revision): local see generally Dolan, Strict Comfliance %ith Letters of Credit: Striking a Fair s dills Balance, 102 BASxIsD L L IR. .4.22 0985j, 3U. See Travis Bank & Trust v. State, 660 S,112d 851, 855 (Ter. Cr App, Ild he 19x+3). local 31. U. C, C. 15-1 16(l), 2A U.L A. 274 (1977) , Vote that the U.C P, is some- akat more restrictne than the U C.C. in that it requires that the credit be espresslydesignated as"transferable,"U C, P. art 54(b)(l)83revision),"Terms such as 'divisible.''fractionab(e,''assignable,' and'transmiwlite' add nothing to the meaning of the term 'transferable' and shall not be used." Id. + ilresi 32Shafferv.Brookl%nParkGardenApartments,20U,C,CRep. Set%.1169, b(mhnn.1977),seeU.C.C 115-116, comment 2. AU.LA.275(1977), It is ent with questionable whether an assignee could execute a conformingg affidavit under a credit requiring an affidavit sigQned by a designated public otCat. it issuer 33. See U.C,C 12-210. 1 U,L.A' 241-42 11976) it of the 34. Because a credit must be honored by the issuer upon presentation of rt 10(h) conforming documemsAithoutregard tpotheadequacy ofperformance under the merican and Inlielgnty of the sel)er benefit ar. Yf uarty s. f eemust assigynabai)iti' uouldtubj ~ t the buyer account party to the risk that an unknown assignee might tender conform. ing documents even though the underlyingQ contract had been breached. See Pastor v. National Republic Bank, 26 U,C C, Rep, Serv. 988, 992-93.111. 1979), W. HAUaLASD, A TaA%SWIDNAL GL7oE To THE U%IroaM CD.N~NIEPC~L CODE 814 (1960, t i S I 77 I I I t r' ' !Z k {t 1 s 1 w 1 I I 4 46 I'M URBxN' IAt klER vot. 19. No. I Wtvtr.R 1987 5isdi L generally limited to an affidavit certifying the existence of the limited Girt account party's default." Thus, a prudent developer ordinarily be significa would insist that his standby credit not be assignable since his only over by a s protection against an unwarranted draw is the good faith of the desirable t local government and the accuracy of its affidavit." developer Unlike an assignment of the right to draw under a letter of ments in a credit, the proceeds of a credit are assignable "even though the letter of ct credit specifically states that it is nontransferable or nonas- and, if rec signable."" In order to effectuate an assignment of proceeds, the governmei r ; original credit must be delivered to the assignee' and the issuer the accour i must be notified of the assignment." assignmen 1 N Assignment of the proceeds of a letter of credit appears to be bear the r r useful primarily as a financing device in connection with the sale of Unless t goods" and in most circumstances the local government will have has been 1 no need to assign proceeds. Whether the local government elects, present tr after the developer's default, to complete improvements itself or negetiatin to contract with a third party for completion, it is likely that the can be ma local government itself will draw on the credit and retain the right todr proceeds prior to disbursement as the work progresses. In certain simply by j i 35. Assignability of the right to draw under a letter of credit might be impor• tant to the local government where it change in jurisdiction over the project is 41. For a articipated,forexample, due tomer er,annexation,disannexation,andthelike. letter ofcre 36. Presumably, the developer eon also take some comfort in the knowledge 42. Set S that any judgment a ainst the Iota govtrnmens for wrongful presentation will Guarantee: g Probably be collectible, An account party may obttin Injunctive relief ageinst an A. (15 l issuer to prevent the issuer from honoring a fra lduknt presentment, See U.C.C. 43. See S I5-114(2)(b), 2A U L,A. 259 (1977); Dynamics Corp of America v. Citizens dt 1269,1276( Southern Nat'l Bank, 356 F, Suyp. 991, 998-99 1, D. Ga, 1973); Intraworld beneficiary, I Indus., Inc. v. Girard Trust Bank, 461 Pa. 343, 336 A.2d 316, 323-25 (1975). Rep. Serv.S However, the Inunctiionwilinot Issue based no the mere allegation that there was lettero(cre, no underlying breach of the agreement between the account party and the to draw). beneficiary. A clever account party may sue for injunctive relief against the 44. U.C. t er v. Warner warrantsth; beneficiary to making presentment. SteinmY revtnt it from Consol. Cot pp. 42 Cal. Appp 3d $15, 116 Cal. Rptr. 57, 60 (1974). presents a 1 37. U.C.C. 15-116(2), 2A L. A. 274-75 (I977); U.C.P. art. 55 (1983 revi- 45. The and bent, I slon ) ,U.C.C. 1 5-116(2)(x), 2A U L A, 274 (1977); rte U.C.C. 1 9-305, 3 seeds. Sr. U,LA.427 19S y(reQardinggperfecuonofasecurityinterestinaletterofnedit). transferv 39. U.C.C. 1 5-116(2)(b), 2A U.L.A. 274-75 (1977). The U.C,P. regulres mere asst only, that an assignment of pproceeds be made "in accordance with the provisions dishonor, of the applicable law." U.C.P. art. 55 (1983 revision). The U,C.C, also permits any cause the issuer to refuse to pay the assignee unless the original letter of credit Is Credit B. exhibited to the issuer. U.C.C. 1 5416(2)(c), 2A U.L. , 275 (1977) 46, U.t 40. For &description of an assignment of proceeds as a financing device and the U1 A. 1? more sophisticated "back-to-back" letter of credit, see W. HAwxLASD, Supra 47. See! r } note 34, at 815-16, 1269, 121v li I a 1 er4'- v 4! i I ~ t ctt K ly~~ qr sinus I-111111 ur CKl un ue of she limited circwnstances, l,owcver. the. right to assign proceeds may nificant."Forexample,uhenanunsucccssfulprojectistaken ordinarily be sig ce his only Oscr by a subsequent lc%eloper. the local got, etnmcnt may find it 1 iith of the desirable to assign 'he proceeds of the credit to he subsequent developer as on incentive to undertake to complete the improse• manner.' Even if it assigns the proceeds of a t letter of menu in a umcly must still hough the letter of credit, the local government execute the draft or nonas• and. if required. a conforming affidavit." According}y, the local needs, the government continues to bear the risk ,f liability to the issuer and the issuer the account party' in the event of a Wrongful presentation." If the assignment is made without recourse, however, he assignee will cars to be bear the risk of dishonor by he issuer." the sale of Unless he right to draw under the credit or the right to proceeds ill have has been previously assigned, the local government may make a t w , st. elects, present transfer of proceeds to a third party by transferring or ient its itself or negotiating the draft dravsnunderthecrcdit.°ihistypeoftransfer 1y that the can be made only when the i(,cal government itself has a present retain the right to draw under the letter of credit, and it can be accomplished In certain simply by making the draft pa)able to the order of the third party.' ~ lhl be impor• 41. For adiscwsionof the local government's authority to assign proceeds of a the pro)ect is letmr or credit, see Shultz & Ketle supra note S. at 89-90. andthelike or Set Shuhz & Kellev, A Mode! Sidt&4ision Improvement Agreement PL~4 to knowledge JJ it knowledge wilt G'uaranreer Ht)'ond Emph Promises and Broken Hearty, an A, (1987) lto be published Spring 19871. . Set U.C. 33. See Shaffer v. Bnsoklyn Park Garden Apartments, 20 L!,C,C. Rep. oceeds Sera, 1. j .see C 1:69,11761Minn:19771(pledgee ofproceeds hasright to receiseprwhen V. Citizens& Intrtworid Rep Sen)yi~s9~bs115 U dralt)~ hratassignedproceedsfrom and 113-25 .hathatt hererewn letter of credit still requited to draw on credit. thus bvricficiarydij not aSSign Tight -arty and the to dfaw) idin that the beneficiary , 11977) Iproc g d against the dd. U.C.C. 0 S-I fill 1, 2A U:L.A 252 et V. Warner warrantsihatconditloms(CheCredit hastbeen complied withwhen it transfersor presents a draft or demand for payment 1. SS {198310. 05: The warranty of t1.CC'. 1 .4;111(1) mDTLSC' ably indudingsanrassignee eofapro- and benefits "all interested parties, pigs C. } 9-305, 3 seeds, Section 5-11111) makes it clear, however. that the parties may agree to a :tterofcredit), tr-mfer without warranty. Id., 2A U L.A. 252 (1977), It is unclear whether the ,C .P. requires mere assignment of pros eeds gives the assignee standing to sue for wrongful - the provisions dishonor. Thus. it mar also he necessary for he assignor to assign to the assignee also permits any cause of acts F it 1 ydL to ff ins the issuer. See Board of Trade v. Suiss er 1) credit is Credit 16, U,CC. I 'S f 5-116(3). 2A U.L.A. 275 (1971); see U.C.C. b ~ 10a12)lal. 2 ievic U L:A: 17 11977! K AND. andthe supra 47 SeeShaffer v.BrooklynPark GardenApartments. 20U.C.C':Rep Serv. AV 1269. 12761S1inn. 19771 l All. r a x : A ,w•,: tst~JlrM "e a ppp t ~ i l I i1 Y } pop- ftu L'ttav~ Lvwlte 1'or. 19,+\0.1 1~'r~rra 1957 E. honor and Dislconur St.x~'nav L IS'henalocal goyernmentPresents itsdraft forpa)'ment,theissuer ts`o`vs has three banking days in whjch to honor the draft," The bank's rrcc by th honor, however, Nill not necessarily provide the local government i Iityt abh 1 immediately with funds with which to complete improvements. A bility to be letter of credit may be either a "t" obligating issuer to honor the most court a sight draft or an' pa) ance t credit" credit" uiri. the it posit bank's acceptance of c time draft. q g does nut e: SincNaeva sight draft is an instrument payable on demand 44 the likely whe for j the bank to honor it is to pay the amount of the draft, irrevocabl onlyA draft issued under an acceptance credit, however, permits the As a se issuer to honor by accepting the draft by its signed engagement to pay the draft within a fixed period after sight." Thus, the benefi- issuer mad ciaryholding anacceptance credit will notbeentitled toreceive the document proceeds of the credit until the elapse of the stated period after agreemen presentment.' Ti: failure of the issuer to honor the draft either by payment or under the acceptance within three banking days constitutes dishonor.c-' The irrevocabl issuer may lawfully dishonor the draft if the credit has expired or if 'The sec the beneficiary fails tocomplystrictly with the termsofthe credit." na ed pri, If an issuer wrongfully dishonors a draft or demand for payment, provemer or fails to honor timely, the beneficiary, will be entitled to damages equal to the amount of the draft ordemand" together with inciden• E f ta) damages and interest." 56. A chi i ~ mentof the 1 F. Termination (S.D.N.Y• 1 57. U.C. Standby letters of credit may be terminated prior to payment in 58. E (8thOr.g ; , 19 1378.1790 ' 4R. U.C•C, Rep 1 3 I12(I)(a), 2A U.L.A. 253 (1977). Note, however, that if the Su credit is subject to the U.C.P„the issuing bank has reasonable time" is which Cityt15, F. U.C. 10examincthedocumentsanddetermineuhethertohonorthedraft.J.C,P,art, 5%t .C1 16(c) (1983 revison). S60, providing tl 49. U CC. f 3-109, 2 U L.A. 56 (1977); Temple-Eastex Inc, v. Addison IN D, Bank, 672 S W.2d 793, 797 ( rex. 1984). See F E 50, U.C.C. 13-410. 2 U.L.A. 412 (1917). the in their ssu 1. Banker's acceptances may often be sold at a nominal discount without from the undue difficulty or exppense, J. Dorxy, supra note 11. f L0:(5). 52, U.C.C.f 5-112(i),2A U.L.A. $3-34 (1977). retopped 53. U.C.P,art.16(b)(1987revision);rampareU.C.C,fs i14(162AUL.A rir))NThi 259 (1977), esopped 54. East Girard Sav. Assn % citizens Nat'l Bank & Trust Co., 593 F.2d 599, 238 (1, 77 nt 603-ot (Sth Cit. 1979); sregene.rally Colorado Nat'l Bank v. Board of County at on) i Commis. 674 P.2d 3?. 3.1 (Coto. 1981. 238 (1917 55. J.C.C. 15-115(1), 2A U.L.A. ,68--69 (1977); see Bossier Bank & Trust P empte of Co, v. Union planters Nat'l Bank, 550 F 2d 1077,11183-8t 61 Ever d a incidental damages recoverabte but denying recovery of(ar or-ney1fees)~holding aattdvempteantage , funds. !uWM1 I P Y r 1 I ~J I IS1 SteNUliS [I III.P m CR11)lI ° r ttvt, a tys. lust. a revocable letter of credit may be revoked Lit any time by the issuer." N~'here the credit does not specify that it is ter k's irrevocable, article 5 of the U.C.C, leaves the question of recoca• nt bilitq'tobedeterminedbythefactsoftheparticularcase..lIt6ough c r 1 most courts tend to impose irres'ocabilit%Ahenthecredit issilent." the it is possible that an issuer will attempt to revoke a credit which doesnot expressly provide that it is irrevocable. This is all the more the likely where the credit incorporates the U.C',P. which provides the that a credit that does not clearly indicate µ hether it is revocable or ifl, irrevocable "shall be deemed to bz revocable." the As a security device, a revocable credit is worthless since the to issuer may revoke it at any time prior to payment, perhaps even cfi after the beneficiary has presented its draft and conforming documents,"' "Thus, the underlying subdivision improvement the 'F ter agreement should expressly require delivery of an irrevocable letter of credit. Moreover, in vice of the presumed revocability f or under the U.C.P.. the credit itself should clearly state that it is 'M phe irrevocable."' )r if The second and most common vvay that a credit can be termi• it.'! nated prior to payment is by expiration. Since subdivision im- provement agreements typically provide that the required im- nlges s6, A third method o(terminatiun prior to payment is cancellation b}' agree- ' en• ment of the parties. See Worldsside Sugar Co. v. Royal Bank, 6119 F. Supp. 19.24 y (S,D.Y.Y 1984) 57. V.C.C..4 S lU6(31. 2A LU A, 236 (1977). Sri E.g., Conoco. Inc. v. Noruest Bank Mason City, N,A,.767 F, 2d 410, 471 13179 IJ90 1D , Conn, 19SO), N'eyrheuser Co. Nat'l 1 Frt k Nat'l Bank. Rep. in 7 V C.C. i Rrp, Sen. 177, 76215 D. luua 19191'. t'''est Virginia lfuus. Dee. Fund). Srnka. _ 415 F. Supp. 1107, 1112 (R,D. Pa. 1976). the 59. U.C. P. art. 7(c) (19S3 recision}; cJ. Conoco, Inc. v. Nor%est Bank Mason hich City.N.A..767F,2dat471(holding that letter ofcredit incorporatingU.CP.and art. providing that credit "will remain in force" was irrevocable credit). rdl, See Beathard v. Chicago Football Club, Inc- 419 F. Supp. 1133. 1136-37 san (ND, Ill. 1976), In Rearhard. the letters of credit had, in fact, been resoked by the issuer prior to presentation by the beneficiary. !d. at 1137 n.3. It is unclear from the opinion. ho%ecer. %hether the beneficiary had been informed of the hour relocation prior to the ppresentation. !d. at 1136. Bw see t1'eyerhaeuser Co, v. First Nat'l Bank. 27 U.CC. Rep. Sere. at 762 (stating in dictum that the issuer is estopped from revoking revocable letter of credit after presentation by bcnefi• 1 A Car)) Me tight torevuke a credit also includes the rightof the issuer lo amend it at any time %ithout the consent of the beneficiary. VC C. 115 106(3). 2A U L.A 596 238 (1977(. Thus, the issuer has complete freedom reimpose conditions upon the mry payment of the credit. 6l. Esen if the credit is not governed by the U.C.P., the possibility of an rust attempted rewcation and ensuing litigation over the issue defeats the primary ling ads antage of the credit as a security desice-the virtually uncontested access to funds, I 'w kw,tdei' ,,s~trrapf~i~ I 1 I r 4 ,rill [ill_URW, L. %%N[R Vol- 19. No. I WINTt.R 1987 SrA.'Dg1 Ltlj pro%ements be installed, inspected and approved within a definite A standby lets period of lime, the credit usually recites a specific expiration date sive and Basis that coincides with or follows shortly after the completion date account party designated in the underlying agreement." Time is of the essence in issuing bank r letter of credit transactions and the expiration date will be strictly the customer enforced.° issuing the cr The standt !1'.:ldsanlages of the Letter of Credit liquidity for tl of the develo As a security device, the standby letterof credit offers a number of with any req advantages over other forms of security. Because the credit repre• ment can con cents the independent obligation of the issuer, the local govern- providing th, meet has the benefit of the substituted credit of the issuer, presum- Because of tl ably a lending institution with financial resources far in excess of bank will be t _ those of the developer.' To some extent, then, the local govern. or defenses t _1 ( ment need not rely so heavily on the creditworthiness of the underlying a developer. By requiring that the credit be issued by a financial The stands institution, the local government shifts some of the burden of burden of lit assessing the developer's creditworthiness from itself to the contested fu issuer." given his ur The letter of credit is not the only device that substitutes the quired impr financial strength of a third parry for that of the developer. For ments at all ; f example, a surely bond has the same cUect, placing the burden of cause of act 1 performance on the surety in the eventofthe developer's default.' During the l I ` its way thro i 62. All credits subject to the U. C. P. must bear an expiration date. U.C.P. art. have the us i 46(a) (1983 revision). The subdivision improvement agreement may also provide struct the in . j I that if all required improvements are completed to accordance with the agree- ment, theletterofcreditwillbesurrenderedbythebeneficiary or cancelled prior able to con to its expiration data 63. Consolidated Aluminum Corp. v. Bank of Virginia, 704 F 2d 136,138 (4th Cir, 1983); Cypress Bank v. Southwestern Bell Tel. Co., 610 SX2d 185, 187 67. Suretie (Tex. Civ. App. 1980), The first step 64. A letter of credit backed only by a conlingent promissory note is not a second locuse "deposit" insured by the FDIC. Federal Deposit Ins. Corp. v, Philadelphia Gear Bonds, in H+ Corp„ 106 S Cl. 1981, 1932 (1986). Thus, in view of the high frequency of bank (3. Rein CO failures in rtcent)ears, the local government mustconsider the financial strength creditworth of the issuer as well as that or the developer. srxeCIIGN 65. It w•uld be a mistake for the local gosernment to equate the developer's other hand abil;ty to obtain a letter of credit with the developer's creditworthiness, or to experience assume that the existence of a credit large enough to ensure the comp'etion of bank in de required improvements will guarantee completion of the subdivision project. A amount of defaultsufficient totrig gger ayymentunder thecredit very often coincides withthe 68. See' failure of the entire subdi~sion ptoject, which may lead to any of the myriad 69. Id. a a oblems loosely grouped under the term "premature subdivision." See 70. U.C.I Y[ARwGOD, LAND SUBDIVISION RrGLIATION 66-72 (1971) Nat'l Bank, l 66. See generally Shultz & Kelley, supra note 3, at 44-51 (discussing the use of v, security I surety bonds as security forthe completion of subdivision improvements and the 7L ITEK defenses against payment available to the surety). Int'h V. Cha! l r~^ Y I ■1i P` 1 IS7 yt xFUHS f-t I1 K (It CRI Trl l s l ite A standby letter of credit, howcs cr, is generally much less expert- s[% and easier to o,stain than a surety bond.` Ordinarily, the ate account party already is a customer of the issuing bank, and the in issuing bank often is the lender of the des'clopment loan. Because lly the customer bank relationship already exists, the bank's cost of r. 1 Issuing the credit is minimal." l The standby credit also is adsantageow because it provides liquidity for the local government's claim for damages in the event of the dexeloper's default." Upon presentation of its draft, along rof with any required supporting documentation, the local govern- re- ment can convert its claim against the developer into cash, thereby rz4" rn- providing the necessary funds to complete the improvements. t. Im- Because of the independent nature of the issuer's obligation, the of bank ++ill be obligated to honor the credit irrespectiseof amckaims rn• or defense ih:lt C-.e developer may have in connection asith the the underlying agreement." t" Jal The standby credit is a particularly useful des ice for shifting the of burden of litigating the underly'ingissueswithouttheben6lofthe warwxitRtl. the contested funds.` Assume, for example, that the developer had given his unsecured promise to construct 5100.000 worth of re- the quired improvements and then failed to construct any improve- For merits at all. Upon default, the local government N'ould have a I I of cause of action against the developer for breach of the promise. It." During the months or years that it may tr.kc for the lawsuit to wind` its way through the courts, the developer (or his successor) would an have the use of the 5100,000 that should have been used to con- side struct the improvements, and the local government would only be able to complete the improvements itself at public expense. By (4th 187 67. Sureties generallyemplayatsso•stepanalysis%henyualifyingadocloper. The first step includes an assessment of the deseloper's net quick Kurth. The of a secondfocuseson thedtsdoper'strackrecord in the industry.See Gorton, Sure0 fear Bonds. in 11 xsDROUx or Cosslilt. 'enon NbxssarMlsT Ann GRCCSrtcTw,v 87-90 tank Frein ed. 0080), As a result of the strict qualifying process. only the most ngth creditworthy desclopers are able to obtain surety bands It. HkRRIS, CON- srRt'cTios A%v DTxFLOPMtsi FI\ASCIVG 2-IS (19F21 letters of credit, on the other hand. appear to be readily obtainable without regard to the deseloper's ' i to experience in the industry'. While a variety of factors may be considered by the ,n of bank in determining its fee for issuing the credit, a tee equal to 1-2~ t ;f the a. A amount of the credit is not uncommon. M71)], the M. See J. DULss, supra note 11, Tiad 69. Id. it 3.0711 , See 70, V.C.C. 4 5-11101. 2A U.L.A. 259 (1977); Summit Ins. Co. w. Central Nat'l Bunk, 6215 N', sd 222.225 (Tex. App. 1981); Lumbermans Acceptance Co. se of w. Security Pacific Nat'l Bank, 86 C'al, App. 3d 175, 150 Cal. Rptr 69 (1978) 71 ITEK Corp. s. First Nat'l Bank. 730 F.2d 19.24 (1st Cir 1984); see K~tW f J the Int'I w. Chase Manhattan Bank, N.A., 606 F 2d 10, 15 (2d Cir. 19791. i i i I t ,tS ari^i •..,nrhi.7lQ+YrJ~~ 1 I*VOWYI. V ii ; ti r r t 1 S_- m. URH%N L% NiIR Vc)i. 19. \o. I WINIrR 19,17 yt;s~.DM agreeing to provide a letter of credit, the developer has implicitly cstate of . agreed that the local government may calf upon the funds even referent before it is required to prove that the developer is in default.': trustee- Thus. the local government has the use of those funds, during the The de time that it takes to sort out all of the disputes connected with the with the underlying subdivision improvement agreement." and pre% Another advantage of the standby letter of credit over the tors. Be corporate surety bond is the decreased likelihood of litigation. The obligati( bond incorporates the terms of the underlying agreement between does nc the developer and the local government either by express refer- Althoui ence or by implication." In addition, the corporate surety is enti• by the tled to raise all defenses against payment that are available to the enforce developer plus several of its own." In turn, if the surety makes the leth 1 payment under the bond, the developer is entitled to raise his party's defenses against the surety when it seeks to be reimbursed by the developer. Thus, the surety likely will make payment or tender y, Stru performance only in cases when the developer's default is clearly the established. In all u uer cases, the surety will refuse payment until the dispute is finally settled in court." The a, A major advantage of letters of credit stems from the benefi• structt ciary's right to collect proceeds from the issuer even after the pitfalls' account party has filed bankruptcy. Under the automatic stay pitfall provision of Bankruptcy Code,"' creditors are prohibited from enforcing or collecting claims or bringing actions against the debtor without the approval of the bankruptcy court." While there gp, I was some concern under the former Bankruptcy Act that a bank. States rupt account party might be entitled to prevent the issuer fr()m Califo sUrch I honoring a conforming presentation," it appears to be fairly well super settled under the new Bankruptcy Code that the collection of Bankr proceeds under a letter of credit does not divest the bankrupt's 55 ea Wulf ifi perioi As pc 72, Ste U.C.C. 15-1 14(l) and comment 1, 2A U.L.A. 25"1 (1977), If the secur credit is property drafrrd, the most that will be requited regarding the substantive to 11 ' issue of default is the written statement of an appropriate official certifying that a trai default exists. sec _ 73. The fact that the local goscrnmentholds thecontested funds also increases t its bargaining strength durinp settlement negotiations. 74. Oorton, supra note 67, at 86. p t 15. , See Shultz & Kelley, supro note 5, at 9:-96. r 76. Set rnerafly id. at 49-51. baL 77. 11 VS.C A. 4 362(a l (1979 & Supp. 19861. M t 78. See grnepatly Hahn & Schwartz. Learn of Crrdd L4rder the Bankruptcy hon Code, 16 U C.C. L.J. 91 (19831; Baird, Standby Leners of Credit in Bankruptcy, Stu; 49 1). Cnt. L. Res. 130 (1932) Cap { 79. In rr Twist Cap. Inc . I Bankr. 284. 285 (Bankr. D. Fla. 1979). By? I f A "A 4 ,~I 1 letxl rlsanxs LI111xor Ckkrnt silly estate of property in siolatiun of the automatic stay, riot is it a :scn preferential transfer subject to the avoidance porker of the ulttrustee." ! the The decisions in the more recent bankruptcy cases are consistent i the s%ith the underlying concepts of protecting the bankrupt's estate and presenting the preferential transferof assets to favored credi- the tors. Because the letter of credit represents the independent The obligationoftheissuer. paymentaff•cctsonly theissuer's assets and seen does not impair the property of the bankrupt beneficiary." efer- Although payment on the credit gives rise to an immediate claim enti- by the issuer for reimbursement from the account pa its," the the enforcement of that claim is subject to the automatic stay "Thus. akcs the letter of credit !.asthe cffect(ifallocmingthe risk of the account : his parfv's bankruptcy to the issuer rather than to the beneficial) s the rider V. Structuring and Managing 'ally the Letter of Credit Transaction until The advantages of the letter of crcd'.t skill he lost if it is not nefi- structured and managed properly. This section discusses potential the pitfalls associated ss'ith letters of credit and methods for avoiding stay pitfalls. from the here 8(t. See In re Page, 18 Bankr, 70 (D D,C. 1982). See ufso Wooten s. United ank- States Through Dept of Interior, 56 Bankr, 227 (W D. La, 1985): bs re Illinois. from California. Express. Inc., 56 Bankr. 232 (Bankr. D. Colo 1985)'. In re Elegant Slerchardising, Inc., 41 Bankr. 398 (Bankr. S,DXY, 19M)( In re Price Chopper well Supermarkets. Inc,. 40 3antm 816 (Bankr. S.D. Cal. 1984)• In re Andrews, 33 'n Of Sankt. 197 (Bankt S D Fla. 1993) but see In re Air Conditioning, Inc. of Stuart, ' 55 Bankr. 15 (Bankr. S.D. Fla, 1985). In In re Air C'orufirioning, the court upts nullified a letter of credit Which had been issued within the 9fl.das preference period to secure an antecedent debt owed by the account party to the beneficiary. As part of the letter of credit transactis n• the account party had also granted a It the security interest in a ecrtificate of deposit to secure its reimbarsement obligatiun tntise to the issuer. Thus, the court found that the substance of the transaction was a thata Iranster of the account pany'debtor's property to the beneficiary creditor to seome an antecedent debt. albeit through the issuer as an intermediaiv. Id. at 159. rases 8!. In et Pa¢e• Is Rankr at 715-16. 82. U.CC. 15-1140), 2A U.L.A. 259 (1977). 83 In re Pier. IS Bankr. at 715-16. 84. Where the letter of credit is issued w (thin 90 days of the account party's bankruptcy to secure an antecedent obligation and 'he issuer simultaneously accepts collateral to secure its reimbursement claim. the issuer's obligation to uprn honor the letter of credit may not be enforceable, In rt Air Conditioning. Inc. of upici. Stuart. 55 Bankr, at 1W see Gross & Bomw'itt, A New Trsirr on Twist Cap: Insaifdating a Preferential Letter of Credit in In Re Air Conditioning. 103 BANKisc; L J. 368. 37671 (1986), y I i r ' k ;rf I - -T - - -ate - - ~ i a i f } i 4 till LRRx~ Luv11R 1'oI. 11 No. I 111,vItR I9SI, Sr:xrt t!t A. Keeping rite Credit Clean demands that i It is advantageous for the local government, as beneficiary, to claims or defe demand that the developer deliver a clean credit. or "suicide document exa credit" as it is somctimcs called, to secure the promise to complete determine uh , Th subdivision improvements. Presumably, this will enable the local the trade credit. T t standar government to dra+v on the credit irrespective of the developer's t 7tentially a default." Accordingly. developers legitimately may demand safe. pdent issue guards to prevent premature or un+carrantcd drafts upon the pru on the cr credit; most often. they attempt to incorporate into the body of the pal r the lot credit certain conditions precedent to the local government's right resu to be incorP, to payment, 11'hile the nature and extent of the conditions built immediate it into a standby letter of credit are subject to negotiation between had demand the parties, it is of critical importance to the local government that The local all conditions be limited to the presentation of conforming docu. than a curet , ments rather than substantive proof of the developer's default on t prompt an, the underlying agreement.- parties t an, Often the developer will attempt to incorporate the provisions but m l of the underlying agreement into the letter of credit, thereby funds repro conditioning payment of the credit upon a determination that the incorporate developer has, in fact, defaulted."' Such an attempt must be cute- the govern gorically refused by the local government. Incorporation of the From tht underlying agreement casts the issuer in the role of fact finder and supporting mum. It st 85, With respect to documentary credits, the U.C.C. provides that "the ben. for payme tficiarybytransferring(irpresentingadocumentarydraftordemandforpayment gj nedby warrants to all interested parties that the necessary conditions of the credit have g i been compliedwith"U,C.C.115-11111),2AU.L.A.25211977);aeeMitsuiMf-m that the t Bank v• Texas Commerce Bank-Fort Worth, 159 CA Appp M 1051.1055-56, 206 Cal R~it. 218.220(1934); First Arlington Nat') Bank v, Stathis, 115111. App 3d 403, 4.u N E.2d 833, 83840 0983)t GATX Leasing Corp. v. DENT Drilling 88, in co' Corp., 651 51N 2d 178, 183 (Tex. App. 1903): see generally Dolan, Letters of whither the Credit, Anicle3 Warranties, Fraud, anddre Beneficiary sCertifrcate, 418u. Law, lawyer for t 34709M). Although the beneficiary's warranty under section 5-1110) does not which to to appear to apply in the case of a clean credit, a draft or demand carries with it "an In conduct implied representation that some legitimate, goal faith claim underlies such a dis demand," and the lack of good faith constitutes "an intentional mistepresenta- argue argue the e he undc lion." Iy it v. Bank Melli, 577 F. Supp. 1138, 1162-63 (N.D. Cal. 1983). 89, Th 86. While the account party and bca eficiarv are the primary parties concerned draft has with the terms of the credit, the U.C.P. admonishes banks to "discourage any ~ a s attempt to include excessive detail in the credit" U.C.P. art. S (1983 revision). 91 In 87. Although the issuer's obligation under the credit is recognized by the careful n U.GC as codeppeendent of the underlying contract, U.C.C. 15-114, comment I, careful n 2A U.L.A, 260,-61 (1977), it appears that issuers of credits governed by the flndivldu~ ros. U.C.C, may, by express aggreement. accept responsibility for performance of the itton Inc, io v, A underlying contract. See U.CC. 1 S•IlNll)(a), 2A U L.A, 245 (1971). In this contorma instance, the U.CC. differs markedly from the U.C.P. which provides that d ,bank s are in no way concerned with or bound by (the underlying': contract(% dississohlv e e I 139. 390 • e+rn if any reference whatsoever to such contract(s) is included In the credit" ciary was ' U.C.P. ari. 3 (1983 reision). 77! I N~J I'i" $t %SttaY I•r I I I R nt Ol, 1)11 55 dcmands that its tlucument examiners determine the merits of Inv to claims or defenses arising from the underlying agreement. These tide document examiners hasc the capacity to examine documents to Mete determine whether they comply strictly with the requirements of local the credit. They do nut necessarily have specialized knowledge of t xr's trade standards or customs, nor can they be required to pass upon , sale- potentially complex legal issues" Faced with this situation, a the prudent issuer would, in all but the most obvious cases, refuse to f the pay on the credit until the matter is resolved in the courts." As a right result, the local government that allows the underlying agreement e'l built to be incorporated into the credit seriously restricts its access to seen immediate funds and may not be significantly hatter off than if it that had demanded no security at all. IueU, The local guvetnment's insistence on a letter of credit rather It on than a surety bond or other security is motivated by the need for ,prompt and certain payment" in the event of default.'" Thus, the sions parties implicitly, hive agreed that the developer should bear the r .reby burden of litigating the underlying issues without benefit of the t the funds represented by the credit. If the underlying agreement is Cate- incorporated into the letter of credit, the very liquidity sought by f the the goventment will he destroyed, r and From the h><al government's point of view, any documentation supporting the letter of credit should he kept to an absolute mini. ` e ben- mum. It should be sufficient, for example, that a draft or demand anent for payment be accompanied by a certificate or a sworn statement it hase signed by an appropriate official" of the local government stating t~t;iM that the developer is in default. It also is important that the r pp. 3d frilling rrera of m. In contrast to the three-day period in which the issuer must determine Ls". whether the beneficiary's presentation conforms to the tams of the credit, its not taw, sets for the account pane and beneficiary r itl require months and oven years t it' an in rhich to analyze the unJerlying agreement, research and brit( legal issues, such a conduct discosery, elicit testimony from the parties and expert witnesses, and ;senta• argue the case before judge and jury before all of the dispures arising from the 3), underlying agreemennt can be resoled, icerned 89. The issuer is titled to reimbursement from the account party only if the age any draft has been "duly honored." U.C.C. I S-l14(3), 2A U.L.A. 2.19 (1977), sision), 90. Dolan, rupra note 29, at 18. by the 91. In deference to the strict compliance rule, the local government should be nent I. careful not to accept a letter of credit that requires the affidasit of a specific % by the indmdual, rho may not be available. or csen of the holder of a certain office or e of the pp u~sition, "hich may no longer exist at the appropriate lime, Cf. Temple•Eastee In this me v. Addison Bank, 67,1 5.W 2d 793 (Tea. 1984) (holding that presentation cs that conformed "here demand and affidavit Acre signed by officer of parent of tract(s) dissolved beneficiary cotlwration). pastnr v, National Republic Bank, 76 IT 2d aadll 139, 3911 N, E 2d 1127 (1977) (holding that state appointed liquidator of benefi- ciary pas entitled to evecute draft) E FNfd6~MY>A4~dA6fs>~,"!~kt5r",w,~t+lkfur~tulccart~• .~Mtwa~+~~•~''' ~,p@,'ysww;,~ K; ~q 4~')An a zn fnt Uxes~ Lvwst x \'nt. I9. No. I \1'wIIR 19.G7 ti-t ,t+x i t subdkisionimprovement agrr.mentspellout Ihe exacttermsto be tcnetciarie incorporated into the letter of credit so that there will be no dispute reasons. In as to what documents will be required. fay the same token, the the credit Tic local government must be careful to rcview the credit prior to accompanle accepting it to make sure that it accurately reflects the require- fauited. flt. mcnts of the agreement." Finally, because a few courts have held the t that the commencement of dexclopment is a condition precedent uisite ce rti to the developer's duty to complete improvements and have in- `ficiary and its drat corporatcd this condition into the security, the local goxernment in anothr should insist on language in the agreement that disclaims such a collect on s condition precedent.' than fifteen f 13• Strict Compliance since the lo before exp' The need to minimize supporting documentation for a letter of tht credit is mandated by the strict compliance rule. This rule provides remedy thit that the beneficiary's presentation must strictly comply with the credit due r terms of the credit. If any of the supporting documentation fails to In comply on its face, the issuer need not honor the draft." The credit. Ban function of the rule is primarily ,to protect the bank which carries tional art the absolute obligation to pay the beneficiary.' Strict compliance app i par, also protects the beneficiary as well. So long as the draft and the icatioi supporting documentation conform to the terms of the credit, the rej 1 wi issuer has an absolute obligation to honor the draft."" Thus, it is of comply issuer was paramount importance that the underlying agreement and the credit itself be structured with an eye toward presentation. mine The whe he It cannot be stressed too strongly that presentation must con- ct<!a v. let, I form literally with the terms of the credit."" Nonetheless, careless of inept d j 92. Ser Shultz & Kelley, supra note S. at 4"1 (regarding possible implied the bene l conditions precedent to tight of local government to collect proceeds), It is account p J recommended that a copy of in acceptable form of the letter of credit should be attached as an exhibit to the subdivision improsement agreement to avoid any accounfacts,tp t disppute about its form or substance. j once the credit Is issued, the issaet is bound only by the terms stated in the documen credit and not the terms as stated in the underlying agreement, If such terms ate d cunle erroneously incorporated into the credit, it should be promptly amended. 94. F8 , County of 5'uba v. Central Valley Nat'l Bank, 20(al. App, Ild 109.97 perceives Cal. Hpir. 369;1971)4 93. For an example of a contract clause disclaiming the commencement of State Stn / development as an implied condition to the local government's rigght to collect 1013 strk j proceeds of the letter of ctedit, see Shultz & Kelley, copra note 42. at 101) (at " 96. VC.?. art, ibb (1983 tolsion) justil 100. 3 97. Vocst•Alpine Int'I Corp. v. Chase 6lanhattan Bank, 707 F.2d 680. 682 (2d 10 Cs Cir 19631 19101. W U.C.C 15-114(1), 2A U.L.A. 259(1977). 11). 49 99. A minoritv of courts have constructed it doctrineofsubstantialcompfiance 10J 60 in order to prevent issuing banks from escaping their obligations on shat are a sui~'1rM ; i i s I s>+ul+~ I I I I I K O I CRI Ill t t,eneficiaries hale had their dratts dishonored for a variety of reasons. In Chfese .tlanhamin Barrk v, FgWbank," for evumple. the credit required only that the beneficiary present its sight draft accornrmied by its cerli ication that the account party had de- 7 faulted. Although the beneficiary had notified the issuer earlier of the cl&iult, the benchciary carelessly failed to provide the req- ij,;ite certificate at the time of presentation As a result, the ben- eficiary' ssas not in strict compliance Aith the terms of the credit, and its draft sari refused. In another cane, an equally careless hcneticiary lost its right to collect on several credits because it presented sight drafts rather than fifteen-day' time drafts as required in the credit."' %loreoser, since the local government hencficiary ssaited until the last day hcfore expiration of the credit, it had insufficient time in Ahich to remedy' the defective presentation, . ' in a third case, the beneficiarv hid diffieults collecting on a • credit due to in unfortunate condition incorporated into the y. credit. In Wichita Eagle it Beacon Pnbliahing Co. t'. Pacific Na. wRsq 44ss thrnal Bank, the credit stipulated that it would expire if the city (not a party to the credit transaction) rejected the account party's I application for a building permit and if the account party' accepted the rejection as final, As a result, the beneficiary seas unable to comply with the credit by the presentation of documents, and the issuer was required to look to the underlying agreement to deter- mine whether the credit had expired. The letter of credit at issue in Corporacion De Mercadeo Agri• t cula v. Mellon Bank lnrernarional"" is perhaps the classic example of inept draftsmanship. In that case, the letter of credit required 1 the beneficiary to present a statement of facts signed bY the account pargv. Since the existence of a default was disputed, the account party seas obsiously disinclined to sign any statement of facts. Thus, the beneficiary vsus unable to produce the required documentation, and the court held that the issuer "as justified in dishonoring the credit. i7 If perceived to be hyper-technical defects Set, e.g., Banco EspaAol de C'redito v. t State Street Bank d Trust Co., 385 F,2d 230 (lst Cir. 1967), reat denied, 390 U.S. 1013 11968). Far a persuas6C criticism of the substantial compliance rule and justification for the strict standard, see Dolan, tupra note 29, at :6-29. 3 100. 394 F. Suppp. 352 1w' D. Pa. 19'51. 101, Colorado Qa0 Bank v, Board f f 1:'ounty Comm'rs, 634 R 2d 32(Colo, 1991) e 10:. 493 F,Id 1285 (9th Cir. 1974), e j 103. 618 F 2d 43 (2d Or. 1979). 'M Mal wso 411111"MM r~ ..f.a Nti,r - • PTfrarea'9f l f rn• ,,a k1 I I t ~ I j r Sti Ittr LJRB%%l.,xwvtx \'ur. 19.`u. I WiNila 1957 STANrim LETH In order to avoid problems in collecting on the credit, a local proper docume government would do well to incorporate into the underlying provementagre agreement provisions that the letter of credit require only docu• sion improvem( ments that are in the possession of or that can be created by the the letter of ci local government, Aforeover, if an affidavit or certificate is to be expiration of 11 required. it would be helpful to incorporate the exact language into local governme i the credit itself, Obviously. in order to avoid needless problems, stating that the r the certificate or affidavit should track the language of the credit be faced with th exactly'. Transactions involving the letter of credit also should be had occurred o handled by the government's legal officers who will or should A second wa, appreciate the need to comply' strictly with the terms of the credit, rity by ekpiratic As on additional safeguard, the local government should insist accompanying c that the credit require the issuer to specify the reason or reasons in local governmer the event of dishonor."" The beneficiary' then may be able to cure and one or more any defects and obtain the proceeds of the credit. As will be ing, there may t discussed below, however. knowledge of specific defects is helpful conforming doc only if the beneficiary reserves sufficient time in which to cure a rional Bank v. L defective presentation, fore accepting t obligations to c< C, Avoiding Expiration ernment must n It seems almost too obvious to state shpt the credit must be pre- sufficiently beyo i sented for collection prior to the expiration date. Nonetheless, ernment to insp such oversights have occurred, and the issuing bank is under no default exists. 7 obligation to honor a draft or demand on the credit after the sufficiently far in f expiration date." This is true even if the default occurred before government to rt ii the expiration and the issuer had notice of the default."" parrying docume Ruling out plain forgetfulness, there are at least two ways in Another cons 1 which the beneficiary may fail to make proper presentation prior to date, arises iron the expiration date. The key element of a proper presentation is must be made. the requirement that the draft or demand be accompanied by the outside of the cit local governmen 104. T WC,P,ttqu;t;cbmnkstosptcifythereasonsforrerusingdocuments, be presented to U,C.P, art. 16d. and ptoaidts teas failure to do so will ppreclude the Issuer (,om Zurich, Switzer claiming that the documens do not conform. Id. art. 16e. 103. C press Bank v. Southwestern Bell Tel. Co„ 610 S W.2d 183, 167 (Tex. Issued by tl dist App. 1980. If the expiration date falls on a day on which the bank is closed, the by requir expiration date will be extended until the next banking day. U.C.P, art. 48(a) Itself self by n ban . (1983 revision), Beckman Cotton Co, v. First Nat'l Sank 3 U.C.C, Rep. Serv, g 066,969 (N.D. Ga. 1982) see U C.C. 1 -MO3(3), 2 U.L.A $26(1977)i Addison Bank v. TempPle•Eastex, Inc., 6635 W.2d 550, 354 (Tex. App. 1984), rev'd, 672 S.W 2d 793 (Tex 1984). 107, See Hyland 106. See Consolidated Aluminum Corp. v Bank of Virginia, 704 V 2d 136 (4th Inc., 38 Colo, App. Cit. 1983). In limited circurnsiancm the government may be able to claim an 108. 634 P.2d 32 ( anticipatory breach where the dtveloper clearly cannot complete improvements 109. Under the U within the time remaining under the subdivision improvement agreement. Ste mail may be delayed, Board o(Supersisanv.Ecology One, Inc, 20a.29.32-33,4455.E,2d423,427 Corp v. Bank of Vii + (1978). 110. U.C.C, 13-1 j t iw, 4 r~ ~ kA TTW I e•~ AMaf;Bsle J 1 1 1) St 0nay l.rHIR nt CA F.NI Sg of proper documents. Assume, for example, that a subdivision im- tg provement agreement required the developer tocomplcte subdivi- tl- lion improvements within a period of two years. Assume also that ~1e the letter of credit bore an expiration date on or prior to the expiration of the two-year period. If the credit requires that the to local government's draft be accompanied by a sworn certificate stating that the de% eloper is in default, the local go% ernment would lit be faced with the dubious choices of falsely swearing that a default 'e had occurred or watching helplessly while its credit expired,I"- ld A second w'sy in which the local government may lose its secu• t rity by expiration of the credit also turns on the conformity of the Ist accompanying documents to the requirements of the credit, If the i in local government waits until the last day or so prior to expiration re and one or more of the accompanying documents is nonconform- le. ing, there may he insufficient time in which to obtain the required ul conforming documents, This was the situation in Colorado Na. u natal Bank v. Board o Counts C'arlrrlissroners, "u' of y 7 heret'ore. be. fore accepting a letter of credit as security for the developer's.. obligations to complete subdivision improvements, the local gov- ernment must make certain that the term of the credit extends e' suffice mtly beyond the performance date to enable the local gov s, ernment to inspect the improvements and to ascertain whether a w default exists. The credit should then be presented for payment le sufficiently for in advance of the expiration date to enable the local re government to remedy any defects that there may be in the accom- panying documents, in Another consideration, intimately related to the expiration ; 'o date, arises from the location of the bank at which presentation is must be made. Often the developer will be dealing with lenders le outside of the city in which the improvements are to be made. A local government thus may be surprised to learn that its credit must m be presented to a bank in Boston, Massachusetts, or worse, Zurich, Switzerland."9 If the developer insists that the credit be s issued by a distant bank, the local government can easily protect itself by requiring that the credit may be presented to a local j confirming bank."" I m 107. See Nyland Hills Metropolitan Park dt Recreation Dist. v, McCoy Enter., 1 h Inc., 38 Colo. App. 23, 554 P 2d 708 (1976), 'n 108. 634 P,2d 32 (Colo. 1981). is 109. Under the U.C.P., the beneficiary bean the risk that a presentation by 'e mail may bedelayed,SeeU.CP.art. 18(183re%ision);ConsotidatedAluminum 17 Corpp V. Bank of Virgg~'nla, 704 F 2d 136, 138 (4th Cir. 1903). I10, U.C.C. ! 5-103(t)(p, 2A U.L.A. 230 (1977) , i l I I I I _ I 4 6ti f"tte URB1N L,vwtiER Vot.. 19. No. 1 WlNTIF, 1481 . NnBV Lr D, Benefciarv's Remedies for WronOtl Dishonor Ssr__ s the reasons Although a letter of credit should provide better access to fund than other security devices if the developer defaults, there still isa under the sac a1s possibility that the issuer .11 dishonor a draft or demand,'" Wherl. by the disho the issuer of a letter of credit wrongfully dishonors a draft or ith which ff t demand, the beneficiary may recover from the issuer "the face A more c 1 amount of the draft or demand together with incidental damages consequent under section 2.710 on seller's incidental damagcs and interest, tally, conse The incidental damages enumerated in section 2.710 in. limited to I elude "any commercially reasonable charges, expenses orcommis- contemplat stuns incurred in stopping delivery, in the transportation, care and 'Che U,C.C custody of goods after the buyer's breach, in connection with ageswhenr r return or resale of the goods or otherwise resulting from the credit dish. r breach,"," The flab While the U.C.C. provisions contemplate a dishonor by the not be lira issuer of a commercial letter of credit, they do provide some guidance for the damages available to a local government as ben• eficiary under a standby letter of credit. First, the beneficiary will setoff based i be entitled to draw funds up to the maximum amount allowed b Ones court is I the letter. In contrast, the government's damages will not exceed the issuer's + Publishing C 1 rev'd, 493 F.: face of liqui, 113. See I 111, Although an issuer may wrongfully delay payment when the local govern. 9(1 5);C ment presents a draft or demand, it still is more likely that the government will ~ (1933); receive payment more quickly than if the government had taken on acorporate 19816. See surety bond, property escrow or mortgage on the develo r'a pro rty. See Data l Gen. Corp, V. Citizens IS Bank, 302 F. Su 77 p, 779 pe (seller good, (stressing the appropriateness of summary judgment for a claim of breach of tthe resold 4y46 (1 issuer's duty to pay because liability on letter of credit "presents solely legal charges As 0 issues'). If an issuer does dishonor upon some stated ground, it wilt be held to neficiary have waived any other -rounds, See East Bank Y. Dovenmuehle, Inc., 196 Colo, who must it 422. $89 P. 2d 1361, 13U (1978)), 112. U.C.C. (i 5-115(1), 2A U. L A 26849 (1971) There is some confusion The buyer a surrounding the issue of damages when the issuer dishonors because of the ttial o cover. damage, uncertain nature of the relationship between the issuer and the beneficiary. See unlesL generally Comment, Damages for Breach of lno,ocable Commercial Letter o Credit; The Common Law and the Uniform Commercial Code, 25 U. Cmi. L, revenues, e Rrv, 667 (1938). The confusion Increases when a standby letter of credit is used 117. P because the beneficiary under such a credit generally Is not in the position of s 143 ( . seller of geoofs and Is mote readilyq analogized as a buyer. See Wichita Ea fe k 118, Si Beacon Publishing Co, v. Pacific Nat'I Bank, 493 F.2d 1285 (9th Cir, 1974). y 508 (E. D Is no doubt. however, that a standby teller of credit Is within thesco ofartcle5 thtrdpen See East Bank v. Dovenmuehle, Inc., 589 P,2d 1361, 1364 (Colo 1978), easy otlo 113. U.C.C. 12-710. IA U.L.A. 402 (1976). easy to d 114, See Board of Count Comm'rs v, Colorado Nat'l Bank, 43 Coto. App, mare a s, exclude 607 P.2d 1010 y c of creit his commerdalcredit an(1978) issurlsand iabebtorf ceramountofcraditmNewa~oteristicsu buyer may Co. v. Hartford Nat'l Bank & Trust Co.,173 Corn. 492, 378A 2d 562 rS68 (1977) oif whc to t • (measure of damages is related to issuer's duty under credit and there may be no 12-715(2) v41rMw,btMlUi 1Mr i V~ i S S, \~irHS I.I I I I K M CHI [4I hl the reasonable cost of completion in a suit against the de\eloper under the subdi\ ision impro\ement agreement,"' Second, the go\- ernment also should be entitled to incidental damages occasioned r . be the dishonor, as well as damages for the cost of borrowing funds ra %%ith which to complete improsements.` A more difficult question is whether the issuer will be liable for g~ e consequential damages caused by the wrongful dishonor. Typi• f ca!ly, consequential damages in a breach of contract suit will be limited to those that are reasonably foreseeable and within the contemplation of the parties at the time of making the contract."' I he U.C.C. appears to go further and exclude consequential dam• ~s ageswhenaseller breaches or the issuer of the commercial latterof credit dishonors."' The liability of the issuer of the standby letter of credit should not be limited to the face amount of the credit plus incidental ye 1 setoff based upon underlying agreement between account party and beneficiary. one court has held that the beneficiary hasaduty to mitigate its damagesand that the issuer's liability will be offut by such mitigation Wichita Eagle h Beacon Publishing Co, v, Pacific Nat'l Bank. 343 F. Supp, 332. 341 (N. D. Cal, 19711. res'd, 493 F,2d 1285 (9th Cir 1974) (court of appeals did not require mitigation in .4" face of liquidated damages provision). 115, See Los Angeles County v. Margulis, 6 Cal. App. 2d 57,N), 34 P.2d MIN, ta19 (1935). General lrs, Co. v. City otColorado Springs, 638 P, U 752, 754 (C'olo. 14811. II". See Savarin Corp. v, National Bank, 447 F,2d 727, 731 (2d Cir. 1971) (seller entitled to damages where buyer breached sales agreement and seller resold goods for lessL Afram Export Corp v. Isfetallurgiki Halyp;.5 A„ 592 F. Supp. 446 (E.D Wis. 1984) (idler entitled to "incidental" damages for freight chargesaspartofresale),affalimpart andrev'dinpart, 772F2d1358(1985) The beneficiary of a standby letter of credit may be analogized to the buyer of goods w omustgointothemarkettorover.SeeU.C.C.12-715,IAU.L.A.445(1976), The buyer will be entitled to damages if it has to pay more than the contract price to corer. These, however, may be labeled as direct damages and not consequen• tialdamages. A local government may findit difficult toprove incidental damages unless a court determines that the cost associated with obtaining alternative roenues, It g., floating bonds, are incidental, 117• The classic formulation is found in Hadley v Baxendale, 156 Eng. Rep, 145 (Ex. 1854). 118. See Petroleo Brasileiro. S.A. v, Ameropan Oil Corp., 372 F Supp. $03, .x08 E D.N Y. 1974) (consequential damages relate to seller's retationshipswith third persons after breach rather than the original buyer-seller transaction) The distinction between incidental damages and consequential damages is not always easy to draw, For example, a seller may lose financing if it is unable to consum• mate a sale and thus be damaged. Generally, courts construe the l C.C. to exclude consequential damages as a result of buyer's breach. Id. However, a buyer may obtain consequential damages upon seller's breach, but they will be limited to losses "resulting from general or particular requirements and needs of which the seller at the time of contracting had reason to know." U.C.C. 1 2-715(2), 1A U.L.A. 2-715(2) (1976). I is ,+'sr Wit i 'c . II 62 Fiir URH%N Lvvvivtr Vol'19. No. I Wt.,I 1y r Sts damages with interest. The local government bargained for teadil available funds when it required the developer to provide a lett r may rec of credit as security for the promise to complete improverne is issuer s n,: rixe alter finsl plat approval If the issuer is not liable for consequentia; 1111110 a c damages to the local government when it dishonors, there is little fees,, incentive for the issuer to honor the draft or demand in a timel issuer s be manner. Examples of consequential damages include the cost of to the san redoing work a- the development site or contracting for work at a greater cost if thooriginal contractor or subcontractor walks Off the V Cenci job. Either of these situations may arise if the local government The stant cannot readily obtain funds and a contractor or subcontractor pulls of s his workers off the job, removing equipment and any improve, form lent ments to the property. Similarly, a contractor or subcontractor comp device th may refuse to perform if he has not been paid for an extended Althougl period of time, thus causing the local government to relet con. forward, tracts. The possible sting of consequential damages should cause develope the issuer to honor a proper draft or demand. the term ?mother possibility is to hold the issuer liable for punitive darn. credit b! ages as the result of an improper dishonor, Thus, unless the dis• function honor is caused by a clerical or technical error, it may be argued terms, a that the dishonor is a malicious or wanton disregard for the rights failure It of the beneficiary,"' The very nature of letter of credit taw should make it relatively easy to demonstrate that the dishonoring issuer t acted in bad faith because the issuer has only to look at the documentation a companying a demand or draft to determine whether it complies with the requirements of the credit."' Of course, unless the accompanying documentation is in strict com. ti pliance with the terms of the credit, the local government probably cannot claim bad faith if the issuer dishonors the draft or de- mand.',' A final question on damages is whether the local government 119. See J. CALAMARt & J. PIalLL0. UK LAW Or CON7RAcm 114-3 (1977); Slabery Y. Western Casualty da Surety Co , 173 Kan. 386, 250 P.2d 824, 830 (1932) (court held mere use of words "willful or wanton" standing atone is not a substitute for essential allegations disclosing wanton and malicious conduct). It the account party induces the issuer to dishonor the drift or demand of the beneficiary, it may be liable for tortious interference with the relationship be- tween the issuer and the beneficiary. See Savarin Corp„ 447 F.2d at 732. 120. See rupra notes 96-98 and accompanying text. 12). See Data Gen, Corp. v. Citizens Nat I Bank, 302 F. Supp. 776, 781 n.5 (D, Conn. 1980) {beneficiary must stria] comply with terms of credit before bringing suit for dishonor of draft, but strict] customer sues an issuing bank for 122• dishonor, ali that needs to be proved is "substantial compliance"), 123. a I a; hoc i t SI ~VUBt LL I'I 1 9 Of CaI ht l-_____--. 63 may recover its legal costs, including attorney fees, following the issuer's wrongful dishonor, Again, while the U.C.C. does not M= authorize an award for legal costs, including reasonable attorney i fees,'-': a court may award them when there is some proof of the issuer's bad faith,'' An award of attorney fees may sting the issuer to the same degree as an award for punitive damages. 1'I, Conclusion The standby letter of credit can be an inexpensive yet effective form of security available to the local government to ensure the completiotr of subdivision improvements, The credit is a unique i device thatofferscertainpitfallsaswellasanumberofadvantages. l,Ithough the law governing letters of credit is relatively straight- forw'afl, success in collecting the proceeds in the event of the 0 - developer's default depends entirely upon strict compliance with the terms of the credit. Accordingly, the acceptance of a letter of 000-00504 credit by the local government requires an understanding of the function of the credit, careful preparation in the drafting of its terms, and a healthy appreciation of the risks of the government's failure to comply with the literal terms of the credit. I F i I J, I 1. 7 i I ~ Ji 1I 1 I I 122. !d. at 789. IU,C.C, does not authorize award for attorney fees), 123. See 22 Am. lur, 2d Damagrz 1 167 (1965) ' I jP* y r I a I t H i s 1 1 #1 1#1 1#1 1#1 1 rT=rl r I l urlr-= .1 I F144T A; P11 NMI if -11 if 4 1 141 W44 4 414 I I 'I i i i J q I 1 y ~ ~ t 11 GUMZLT CORRIDOR FACT SHUT I~ General Background o House Document 276- 08/25/65 j i Authorizing document for Ray Roberts. Authorized pool raise in Lewisville Lake. J o Recreational Development I Pool Raise at Lewisville required additional I recreational development. I o General Design Memorandum 1974 Greenbelt Corridor between Ray Roberts i Lewisville Lakes originally proposed as a recreation alternative to conventional facility + development at Lewisville. s 1 001:MBt=RR 1 I . J~ t p t ` 1 o Endorsement Greenbelt Corridor development received endorsement by U. S. Fish 5 Wildlife services and the Texas Parks and Wildlife Department. o The Greenbelt Corridor was recommended as a partial substitute for new facilities development at Lewisville Lake. o Cost Sharing t V Cost sharing for the Greenbelt Corridor was originally 501 Federal and 501 non-Federal f according to PL 99-662 of the Water Resources Act of 1986. o Texas Parks and Wildlife will share ip 251 of the upfront capital costs of Greenbelt. CO Federal share reduced to 37.51 due to Texas Parks and Wildlife participation. Sponsors (Dallas i Denton) also to pay 37.51. I 2 1 4 .e i o Capital Costs Greenbelt project will reduce capital costs of recreational facilities development at Lewisville by approximately $1.0 million.($4.27 vs. $3.25 million) o Federal savings is $916,250 (501 of $40270,000 - 35.51 of $3,250,000) 0 0&M Cost Greenbelt reduces operations and maintenance cost by $219,000 cer year over conventional facility development. Greenbelt s $53,000/Year O&M Conventional= $272,000/Year 0&M k o Operation l Texas Parks and wildlife agrees to operate and maintain the Greenbelt Corridor at State expense. o Benefit to cost ratios Greenbelts 4.5 to 1.0 Conventional= 2.9 to 1.0 o Support The Greenbelt Corridor is supported by the d general public, environmental organizations and the project sponsors. I I 3 N[ t 4 e V ~ i k II. Status " Corps' drafted supplements to contracts and Master Plan • Corps held public comment period " Some property owners whose lands would be taken are opposed. • Supported by: -Texas Parks & wildlife Department -Various environmental groups -Dallas Parks 6 Recreation Department -City of Dallas (Council Resolution 11/2183) -City of Denton (Council Resolution 10/4/83) • Corps conducted Public Hearing September 26, ± 1983 -250 people attended -50-50 for/against r • Corps evaluated support for Greenbelt land and issued Public notice that Greenbelt Park study will continue. • Corps conducted public workshop April 1984. J • Sponsors and Corps agreed upon a Greenbelt plan. • Corps issued a Public Notice in November 1984 I recommending development of the Greenbelt Corridor. A 30-day comment period was allowed. • SW Office sent recommended plan to Office of the Corps of Engineers for approval. I * August 12, 1987 Regional Administrator of US De t. of Housing and Urban Develo nt advro-ed Department o the Army that they have no ( objection to the Greenbelt concept and find it 1 most commendable. • August 20, 1987 US Environmental Protection A gene completed rev ew In compliance a t Section 309 of the Clean Air Act and indicated to Lt. General Heiberg III, Department of the f Army, Washington DC that the EPA has no objection to the proposed Greenbelt Corridor. 4 , 1 4 a R y + Sept. 9, 1987, Maryetta Cunningham, Natural Hazards Program Specialist of the Federal EmerS2nCY Management Agency advised the Department of the Army that the proposed Greenbelt Corridor concept is in harmony with their goals. + Oct. 18, 1987, Bruce Blanchard, Director of the US Department of the interior advised the Department of the Army of their support of the development of the Greenbelt Corridor. + Oct. 21, 1987, the State of Texas Office of the Governor advised the Department of the Army of their support of the development of the Greenbelt Corridor. * Dec. 24, 1987, E. R. Heiberg 111, Lt. General, Chief of Engineers Department of the Army, notified the secretary of the Army that he recommended the Greenbelt proposal and submitted his report for transmission to Congress. + June 1, 1988, Senator Lloyd Bentsen advised the Secretary of the Army of his endorsement of the proposed Greenbelt Corridor. June 24, 1988, Senator Phil Gramm advised the Secretary of the Army o s an orsement of the proposed Greenbelt Corridor. • Aug. 20 1988? Robt. W. Page, Asst. Secretary of the Army gave his endorsement o the area t Corridor an eubm tted to James Miller III, Director of the office of Management and Budget, Washington DC, a copy of the report of the Chief of Engineers on the Greenbelt Corridor. Oct. 25, 19880 Robt. K. Dawson, Associate Director for Natural Resources, Energy i Science of the office of Management and Budget advised Secretary of the Army, Washington, of OMB review and support of implementation of the proposed Greenbelt Corridor. * Dec. 8. 1988, Robt. W. Page, Asst. Secretary of the Army advised the Honorable James C. Wri ht Jr. S aker of t a -House o Re resentat pea o the of ce o M mkt. and f Moat recommendation to proceed with 4 Congress ona action_ G 5 I i I i i N GREENBELT CORRIDOR (Located Between Ray Roberts Dan A Lewisville Lake) House Document 276, dated August 250 1965, the II authorizing document for Ray Roberts Lake, authorized a raise in the pool elevation of Lewisville Lake. it also authorized relocation of affected recreation facilities, development of new facilities, and acquisition of lands for public use and access at Lewisville Lake. A f "Greenbelt Corridor" between the lakes was originally proposed as a recreation alternative in the 1974 General I Design Memorandum for Ray Roberts Lake. At that time, the propose' received the endorsement of the U. S. Fish and Wildlife Service and the Texas parks and wildlife I Department (TPWD). i Master planning for recreation development at Ray Roberts and Lewisville Lakes was initiated in 1981. In January of 1963, the Cities of Denton and Dallas requested that the rt. Worth District Corps of Engineers investigate the feasibility of substituting a Greenbelt I I i 1 i I 001:grblcorrs2/3/89 J r P i Corridor for the new facilities development at Lewisville Lake_for which the project sponsors were contractually-obligated. Reasons for that recommendation were: o monetary savings to the Federal Government and local sponsors; o lower operation and maintenance costs; + 0 operation and maintenance by the most capable manager, the TPwDI J { o unique recreational opportunities provided; i o equivalent economic benefits. Several alternative plans were formulated to j address authorised recreation development at Lewisville Lake. All but three alternatives were eliminated due to r lack of support by the project sponsors and/or TPwD. The three plans considered in detail includeds 1. new facilities at Hickory creek Park; 4 2. A "Greenbelt" only, with no additional facilities development, and . 001sgrblcorrs2/3/89 2 1 I I V 1 I a 3 4 ,i 6 3. A combination plan with a Greenbelt and new facilities at Hickory Creek Park. All three of these plans included the relocation of any facilitier affected by the Lewisville Lake pool raise. As a result of continued re-evaluation of project economics, extensive public involvement, and coordination with the project sponsors, it was determined that the broad public interest would best be G served with a combination of the Greenbelt and new facilities development at Hickory Creek Park. The new t facilities development at Hickory Creek Park would be cost-shared by Dallas, Denton and the Corps of Engineers. The TPwD would operate and maintain these new facilities as a state park. Development of Hickory Creek Park would help to most existing needs for flat water recreation facilities and would provide a state park on each side of Lewisville Lake. The TPWD developed Lewisville Lake State Park on the east side of j the Lake. The Greenbelt portion of the combination plan included acquisition of about 660 acres, conversion of about 440 acres of existing flowage easement lands, and acquisition of a conservation easement on about 500 00ljgrblcorri2/3/89 3 i p Ay R M 'acres adjacent to the upstream portion of the Corridor. The lands to bp acquired would be the minimum that TPwD considers to be viable for stream-oriented recreation pursuits between the lakes. Acquisition of conservation easements adjacent to the Corridor would assure that the rural character of the river Corridor remains intact and would provide a visual buffer between the river and future development. Easement provisions would allow landowners to retain title to their lands and would allow for continuance of existing agricultural pursuits such as pasture and row crops. The Corridor would be I delineated along the acquisition line, and all recreation trails, primitive campsites, access points, I and boat launching facilities would be located on these lands. { Cost sharing for the Greenbelt Corridor plan in accordance with PL99-662 of the Water Resources Act of i . 1988 would be 504 Federal and 508 non-Federal. However, because of the Sponsors' and TMI s interest in the developsent of this unique recreational opportunity, an agreement was reached that 251 of upfront costs would be paid by the TPwD and that the remaining portion would be split by the Sponsors and the Federal Government. Both the Federal share and the Sponsors' share would each be reduced from 50% to 37.58. 4 0Olsgrblcorrs2/3/89 I J Q' l t. Operation, maintenance and replacement would be the responsibility,of the TPWD. The first cost of the Greenbelt Corridor plan, based on October 1987 price levels, is $3,243,000. Average annual charges, based on a 50-year period of economic analysis and an interest rate of 8-5/81, are $338,000 and include operation, maintenance and replacement costs of $53,000. Average annual benefits are estimated to be $1,530,000 and the benefit-to-cost ratio is 4.5 to I.G. i i The Greenbelt offers a lower total Federal ~ investment, a larger than 501 share of the coats to be borne by the local Sponsors, and an opportunity to provide a needed resource unique to the area. Extensive public involvement reveals that the Gre<,,nbelt plan is strongly supported by a broad public interests local environmental groups and associated project sponsors. i I 00ligrb!corri2/3/89 S LJ r "I a'1AATMbn1 V• IRM Ani<' ~P e..,ea a, Two A441l"AIN, ,avow V 1 w~~wII1l7lM. N IHI!•ll~~ 1 Roeecable`fuse C. might, Jr. a Q[Cim •Nakee of th• Vegas of se0reeentatives ' washiniten, De-Q. 20319 Dear Mrs "osh rc lased on the oenat:uation authority toe a modification to the authorised Trinity liver prajeeter (feoftom 301 e9 the liver Dead aerbol ?At of 1141, pablie Law 1961901 the Am Chief of lnftaemrs has provided t4 this oilier, a speetal eeprt and rr~0amesdaftf•6a to eomstraet a 11"ibmis ocerider bQtveem lay Aoberts us and tloviovllle Wlt, Texas, to lima of authorised t=sditienal reoreatien factures at Levi hills Lake, tefethee with otber O•tflnent reports. i have :ovieved the report and reoeaumeMattea of the Chief of fngiaae161 aloe with flew of tho hate of Teraa, the Dmyartments of the intaetee and vetoing aad ' Qrbat Develspmeat, the lavireaseatat Preteatiem Alenory and kb* lmdesel lrergmsey Namafasm6t agency, Wbig% at• ` set firth to tM •tolesed eemmualaationse al$ medifieaties it N`ad the dimetieaarr ' aatheei+sr sf km DepalWat • the Aim l lheeeheor m~esilia C•s*leteteaa seties is set•ilN• fineed n revteye ea baked of the N•letasy of law Uwe t 1Neataen6 Ce1116461468% s•d1tlS•atie► • um peie•t fog the gleembeis !!raider pies. 171 elder be avetd dv♦lie•to f~•dor@% « ib~attess t• n•ttatlsl feeitim ties, tore 1e•emr•M~ ss lo. wbjest to iselvdisg a •ltwe is tm lylam~aatisl Beal •est•6barlul geeeelest Wbieb masef ~stuss teereatUmai dstel•psaot as t'.wisvitte fAkS a WINeTede161 1e6pessibill" SAW a eewat "ut b trio sole"I at the medetal shatg of of gnsobett srletitaties bas lists es"aded. TM MIAMI of Nes" mime old soft*%'advisee tbit Itw mw tq aeatl0m Is to With %m Plesidestle , ps~eguta ..at rte letter is •me%sted. Mast w. 31tfe f Atalsta0* "Ovemly of tM A1sr 'latvil iM11u1 ~ ' , frmel•iwea • 1 , 1 e~ (MAI IMaI. ~~r~) j I ~a'rs, ,.MI e~ ent14 el c, I 1 1 IM 1 1 1Ml I 1' i J k ~ "ECUTNE OFFICE OF THE PRESICENT OPPICt OF µuAaeMIWr ANc euoosr w~sr+om~ as snaoa Honorable Robert M. Page, Sr. Assistant e*ctetaty of the Army (Civil Mozks) Room 2BS70 - Pentagon , ' Washington, D.C. 20710 Dear Mr. pages, NO have completed our review of the report on the Greenbelt Corridor setveen Ray Roberts Dan and Lewisville Laks, Texas, as required under txacutive Order 12323. The Office of Management and Budget does not object to your submitting this report to Congress for st- IIthorisation modification. The implementing4local cost-sharing agreement should include ■ clause which makes the non-Federal sponsors rcrpansible for tuxtAmm recreational development at Lewisville met fall j non-Federal expands until en amount equal to the amount of the Federal share of the Greenbelt eRubstitutlon has been expended. The Administration supparts implementation of the project through the budget process in accordance with your recommendations and the recoaerdations of the Chief of 1inginsers. I W. Dawsoh Asseeiate piseeter for Walcura . Ressarces, Rnergr and Below I I J ~11 Y STATEMENT OF THE CITIES OF DENTON AND DALLAS TO THE SUBCOMMITTEE ON ENERGY AND WATER DEVELOPMENT COMMITTEE ON APPROPRIATIONS UNITED STATES HOUSE OF REPRESENTATIVES PPRIL 6, 1989 I MR, CHAIRMAN AND MEMBERS OF THE COMMITTEE: I MY NAME IS JIM ALEXANDER AND I AM A MEMBER OF IHE COUNCIL I { FOR THE CITY OF DENTON, LET ME EXPRESS THE APPRECIATION OF THE CITY COUNCILS OF DENTON AND DALLAS FOR YOUR COMMITTEE'S CONTINUED SUPPORT FOR THE CORPS OF ENGINEERS EFFORTS ON THE RAY ROBERTS LAKE PROJECT, I I MIGHT ADD THAT FORMER CONGRESSMAN RAY ROBERTS IS PRESENT TODAY AS A MEMBER OF THIS DELEGATION, I I 1 1 MY TESTIMONY TODAY IS PRESENTED ON A TWOFOLD BASIS, FIRST, I i ON BEHALF OF THE CITIES OF DENTON AND DALLAS, I REQUEST THAT THE I ADMINISTRATION'S FY 1990 BUDGET REQUEST FOR THE RAY ROBERTS LAKE PROJECT BE ACCEPTED AND SUPPORTED BY THIS COMMITTEE, THE CITIES ARE { THE CO-SPONSORS OF THIS PROJECT AND HAVE CONTRACTED WITH THE CORPS OF ENGINEERS FOR THE DESIGN AND CONSTRUCTION OF THIS PROJECT IN ORDER TO OBTAIN A WATER SUPPLY OF 76 MILLION GALLONS PER DAYS THIS PROJECT IS 1 NECESSARY TO PROVIDE A SOURCE OF WATER SUPPLY, RECREATION AND FLOOD pr PROTECTION FOR EXISTING AS WELL AS FUTURE CITIZENS, i SINCE WE LAST APPEARED BEFORE THIS COMMITTEE IN APRIL, 1988, THE RAY ROBERTS LAKE PROJECT HAS BEEN RELEASED TO THE CITIES FOR WATER i t SUPPLY PURPOSES. IN CONJUNCTION WITH THIS PHASE OF THE PROJECT, THE CITIES HAVE MADE THE FIRST CAPITAL PAYMENT TO THE FEDERAL GOVERNMENT IN DECEMBER OF 1988, FUNDING REQUESTED INCLUDES $19 MILLION FOR CONTINUED PROJECT CONSTRUCTION. WITH YOUR APPROVAL OF THIS FUNDING, THE PROJECT CAN REMAIN ON SCHEDULE AND CONSTRUCTION OF ROAD AND RAILROAD RELOCATIONS, DESIGN AND CONSTRUCTION OF RECREATIONAL FACILITIES AND LAND ACQUISITION CAN CONTINUE, ANY CUTBACKS COULD MEAN A DELAY IN THE TIMELY COMPLETION OF THIS PROJECT WHICH COULD HAMPER US GREATLY IN MEETING THE WATER AND RECREATIONAL NEEDS OF OUR REGION I f I WOULD ALSO LIKE TO EXPRESS THE NEED FOR CONTINUED STUDIES AS A FOLLOW-UP TO THE REGIONAL ENVIRONMENTAL IMPACT STATEMENT WHICH E WAS PREPARED BY THE CORPS OF ENGINEERS FOR THE DALLAS/FORT WORTH METROPLEX Two YEARS AGO, IT WARNED OF THE POTENTIAL DANGER OF CATASTROPHIC FLOODING WHICH COULD TAKE PLACE IN OUR AREA RESULTING f FROM A STANDARD PROJECT FLOOD OCCURING ON THE UPPER TRINITY RIVER AND TRIBUTARIES. THERE ARE REQUESTS FOR $280,000 AND $60,000 IN THE FY 1990 BUDGET ESTIMATE TO CONTINUE THIS PROJECT UNDER THE CAPTIONS DALLAS FLOODWAY AND UPPER TRINITY RIVER BASIN, I URGE YOUR CAREFUL CONSIDERATION OF THE ADMINISTRATION'S BUDGET REQUEST FOR FULL FUNDING OF THE RAY RQBERTS LAKE PROJECT AND THE FLOODWAY RE-EVALUATIONS, WE LOOK FORWARD TO YOUR CONTINUED COOPERATION IN THIS IMPORTANT MATTER, THANK YOU VERY MUCH. f SUMMARY OF REQUESTS - FY 1990 On behalf of the Trinity River of Texas delegation, the Trinity Improvement Association recommends the support of Congress for the following projects of the Corps of Engineers In considering the Energy and Water Development appropriation bill for FY 1990. FUNDING REQUESTSr PROJECT BUDGET REQUEST SURVEYS $ 60,000 Bardwell Lake, TX $ 60,000 Dallas Floodway, TX 000 Denison Dam - Lake Texoma, OK and TX f 1249000 Upper Trinity River Basin, TX $ 280,000 PRECONSTRUCTION ENGINEERING AND DESIGN 145,000 Five Mile Creek, Dallas, TX CONSTRUCTION 000 Cooper Lake and Channels, TX $}ls,0351 00000,900 oul Leke• Re Roberts Lake, TX OPERATIONS & MAINTENA4 .'CE s 838,000 Bardwell Lake, TX 1,191,000 Benbrook Lake, TX ,887,000 Denison Dam - Lake Texome, OK and TX $ } 1, }57,000 I Grapevine Lake, TX 000 t Joe Pool Lake, TX $ $ 556, 000 Lavon Lake, TX $ 1t8gg, 000 Lewisville Dam, TX $ 119090 1 020 000 Neverr Mille cke17X~ 19 - _06 It! Roberts a ~2s-~ U, 000 rinlty River & Tributaries, TX $ 225,000 Welilsvllle Lake, TX ADDITIONAL FUNDING REGLIESTi WALLISVILLE PROJECT It Is requested that funds be appropriated for Walilsville construction in the amount of the most recent Corps of Engineers capability. I :EELMLi i ~ t 1 k t 12EFNBEL,T RIDOR 1,4 I 1 ~~J l A O 1 i ~ 1' I LEGEND n I,;I;' j \ I GREENBELT a ~ f 1 L ' y 1, r~ ` YY n ; I M I 1 I a la 4 Mw'~ n I - ~rl I YI Yw 4Yf4 p•R S.OO YY'. I.Y I I.Y11. sw ~.rYi•. [LM row:[. TRINITY Ibv[A,TGtM { ~•r~~•- COMBINATION PLAN FOR NEW RECREATION DEVELOPMENT w•r~ • pYs k k I s I -H-H++ mail 1 i i i I I "ry f 9 t i i i I CITY of DENTON~ TEXAS MUNICIPAL BUILDING / DENTON, TEXAS` 7620 } / TELLEPcH oN the city manager M E K 0 R A N D U M TO: Lloyd V. Harrell, City Manager FROM: Rick Svehla, Deputy City Manager DATE: April 20, 1989 SUBJECT'. Concerning Pearl Street and Carroll Boulevard i intersection Almost two years ago, council considered making some intersection improvements to the intersection at Pearl and Carroll. Since we were about to embark on the progression system on Carroll Boulevard, Staff suggested that we make some changes to this intersection that would eliminate some of the j conflicting movements. At that time, the Council did not want to make any changes. Since that time, we have completed the progression system and we have had a request from one of the Council members to review , this intersection. 1 have included the memo from Staff after Council considered this the first time and a technical paper from the consultant. All of the factors still are essentially the same. The left turn movements for north to westbound traftic at Parkway are still significantly lower than those at Pearl, and the main turning movements et Pearl, i.e., for southbound Carroll traffic turning east on to Pearl/McKinney, larger indicated of continue to be the largest turning movements as the attached counts. The significantly 1 accidents continue to happen at Pearl. These continue to be right angle kinds of accident which indicates there is thef preferencembyithetschoolndistmictmcontinuesetoeremain the i same. We have also included the number of accidents since the progression has been installed. The progression has not had any impact on the accident rates as you can see from the memo that gives accident information from 10/1/88 to the present. in t the intersection ithathe best t would option oallow would fo b cha westbound Staff changes continues traftic to make a left turn or southbound movement onto N Lloyd Harrell April 20, 1989 Page 2 Carroll. You would still be able to make the southbound Carroll to eastbound Pearl or McKinney Street which is still the largest movement. We believe by doing this we would enhance the progression somewhat and eliminate a large number of accidents at this intersection. We believe with the resignalling of the Square area and adding it to the progression system on Carroll that we would be able to funnel traffic on eastbound McKinney from two other alternatives such as Elm or Bolivar to eliminate the left turns at Carroll and Pearl and still provide an easy efficient way for traffic to move south on Carroll or west on Oak from the downtown area. In summation, Staff feels by changing the intersection accidents would decrease. The intersection would still allow for the existing major movements in the intersection. Signal enhancements on the Square would enhance alternate routes. progression on Carroll would benefit slightly. And, finally, school bus routing and logistics at the high school would be maintained. For these reasons, we would suggest the ! improvements be made. if the council chooses to make these improvements, we have estimated the costs at approximately $5,000. Currently, we have about $12,000 left in the Eagle turn lane bond fund account that could be used. If you or the Council has further questions, we would be happy 4 to try and provide any additional information for you at your convenience. i Rick Sveh a Deputy City Manager RS:bw 4522H Attachments I I 4 i CITY of DENTON DENTON, TEXAS 70201 MEMUP.ANUUM DATE: Septemtar 28, 1y87 i TU: Rick Svehla, Deputy City Manager and Executive Director for Engineering FROM: Jerry C1erK, City Engineer SU8JF_CT: SIGNALIZATION OF CARROLL BOULEVARD AND PARKWAY OR PEARL (MCKINNEY) s As you are aware, significant progress has been made on the upgrading of equipment along Carroll and University. The new I traf°ic signal controllers and signal heads have Ueen ordered with a delivery schedule that coordinates well witti our instai- lation capabilities over the next six montns. Our crews have f almost finished the new controller pads and wiring for Oak and Hickory. Traffic Engineering Consultants under Steven Hofener have been working on design of the Closed Loop System on Carroll between Hickory and Congress. A crucial issue still needs to be addressed before the closed Loop system can continue its development. That issue involves a decision to leave signalization as it currently exists for Pearl and Parkway at Carroll, to reverse the location of signals, or finally to signalize both intersections. This issue has been presented to the Traffic Safety commission on May 5, 1986. The Traffic Commission recommended approval of i the enclosed left turn bay without signalization at that time. I A study from De Shazo, Starek, and Tang recommended that the enclosed left turn bay was a viable solution to helping keep another signal from being added to an area that already experi- ences progression problems. Tne City Council considered the issue in early summer 19b6 and recommended further study including the option of switching the signal to Pearl from Parkway. Tne situation has several factors that the staff feel MAKe Parkway the better location for signalization. i I RICK Svenla July [7, 19b7 Page 2 7 First, the intersection geometry a Pearl is offset WhIM maKes cross traffic movements aifficult. Pearl is also very narrow s, on the west sine. The traffic counts on west Pearl show very few cars use it to get to Carroll. Even peak hour counts snow ! only 13 to 15 cars, with about 5u% of tnose being right turns. Second, this Intersection is very close to Oak and Hickory which are the two major side streets to Carroll in the area. This means that they take the most signal time away from Carroll north/south movements. This creates stacking on Carroll as the end of traffic platoons wait till the next traffic band opens on Carrull. Therefore having the short 6 { stacking distance between Parkway and Congress is much less detrimental than having a short stacking distance between Pearl and Oak. Inadequate stacking distances can force traffic to 1 oack into intersections and clog tnem. Tnird, the school district uses Parkway as a bus route to Carroll Boulevard. kerouting the buses to a signalizeo intersection at Pearl puts them into the worst part of the intersection's yeometry creating possible hazarocus turning conflicts. A letter from the school district is enclosed. Fourth, the traffic counts on Parkway during peak hours are { greater than Pearl as shown by the enclosed drawings. More traffic uses the intersection for left turns. The real solution to this situation is to install the enclosed left turn bay so the lefts from Carroll to Pearl are allowed but no lefts from Pearl street are alloweu onto Carroll. Access is not restricted or pronioited by tnis action. The left turns can be relocated to Oak or Parkway to keep protec- tion under a reasonably spaced traffic light system. Several schematics are enclosed that show how traffic can access Carroll by other means, actual traffic counts for peak hours, intersection geometry, and the enclosed left turn bay. Fifth, lu accidents have occurred at Pearl on Carroll. All accidents were right angle collisions caused from right turns from west bound Pearl to Carroll not being able to see around } the left turn vehicle:, or from west bound left turns from Pearl R, onto Ca_roll. All these accidents would be eliminated with the proposed enclosed left turn bay since it would eliminate the left turn thTt either blocks the line of sight or that sticks out in the miudle of Carroll waiting to merge into south bound Carroll. One accident has occurred this past year at Parkway and Carroll. That accident was caused by driver error ano signali- zation had no effect. Tnis safety record snows Parkway is operating as a very safe signalized intersection. v KICK Sve!)la July k/, lJb7 Page Traffic can easily reach either Oak or Partway to access Carroll. Unless the two intersections stay ds they exist, costs for increased signalization would Ue about SSU,ODU. Increased delays, reduceu traffic platoun oands, and general inconvenience to a large number of the traveling puulic on Carroll and the major side streets like Oak and Hickory are likely unless we are allowed to streamline the proposed closed loop system. Our consultai!*, Sceve Hofener has strongly recommended that McKinney not be signalizea since it will not promote smooth traffic flows with the new closed loop system. Each signal for a cross street takes away from the major street. The extra time required for McKinney/Pearl would narrow the progression oand even further on Carroll. Future considerations as tras'ic continues to increase include safe stacking distances between signals. Denton's growth capauilities are directly tied to its major arteries and their efficiency. Please consider placing this item on the uity Cuuncil agenda for consideration. Jer Cl rl as ` Attachment 1Y37a i i } I! i l Dahwo. Sunk • T'ue, La. jmSinoon 4 rdn"" % M VIM SuuM. • Dam, Tar 7530 ~ 3147/447/0 TECHNICAL MEMORANOt" TO: Mr. Jerry Clark, P.E. y City of Denton I FROM; DeShszo, Starek A Tang, Inc. 00.TE1 April 79 1986 SUBJECT Stud of the Carroll Blvd.. McKinney/Pearllntersection I , PURPOSE i The purpose of this study is to analyze the traffic flow on Carroll Blvd, between the two existing traffic signals at Parkway and at Oak to determine if modifications might be made to improve peak hour traffic flows. ANALYSIS Carroll Blvd. is a six-lane divided boulevard providing north- south access through the heart of the City of Denton. McKinney provides east-west flow from east of Loop 288 to,Carroll Blvd, It has several different cross-sections as it traverses the City. Pearl is a one block long street between Carroll Blvd. and Denton. Traffic counts were performed at the intersection of McKinney at Carroll to determine the impact of this unsignalized intersection on the morning and afternoon peak hour traffic. I !L Y, V F It was observed that the traffic attempting to make left turns from KcKinnay/Pearl onto'Carroll had a disruptive effect on the - existing through traffic on Carroll. This disruption tends to cause the traffic signals at Parkway and at Oak to operate inefficiently. t g The attached Figure 1 shows the traffic counts during the morning and afternoon peak hours. As you can see, the signifi. cant movements are the through traffic on Carroll Blvd., the southbound to eastbound left-turns on Carroll Blvd., the north- bound to eastbound right-turns on Carroll Blvd, and the westbound to northbound right-turns on McKinney, S1nct the disruptions along Carroll are caused by the traffic on McKinney/Pearl atempting to turn left or go through, our recom- mendation is to restrict these movements, figure 2 shows median modifications which allows all significant movements, to occur at this intersection, while restricting those movements which cause disruptive flows along Carroll Blvd, Traffic which presently turns left or. goes through will be forced to use the signalized intersections at either Parkway or Oak. These intersections should adequately handle this additional traffic. These modifications should n, oduce a noticeable positive impact on traffic flows along Carroll Blvd, with a relatively low cost. As a temporary measure, the raised median sfiorn could be accomplished with buttons placed closely together, i { I I I II' ` ' ~ J I I I ~ a I w . Lrg,J NOM C4 40 . CEMMIC • P,7, 642.47 rA "P Cae6 *000 eel* eptw-" idi a ~n MA7CM vdlT010 P.C, 642.24 jAi=p m 0& CARROLL BLVD. T-b I ~l4VRe ! I awe ~r.~ ! 7y, w. - fia■ ~ A I H CITY of DENT©N, TEXAS 215 E• WINNErI DENTON, TEXAS 762011 TELEPHONE (817)566-8200 MEMORANDUM ` I DATE: April 20, 1989 i T0: Jerry Clark, City Engineer i FROM: Lois Scobee, Senior Secretary 1 SUBJECT: CTraffic arroll/McKinneys Cfor 1986, 1987 and arroll/Parkways and 9Carroll/Pearl The accident counts below are for the calendar year as indicated. I 1986 1987 1989 LOCATION } i Carroll/McKinney 1 I ' 2 3 3 Carroll/Parkway 6 11 13 k Carroll/Pearl I ' 1 { 0698E i i E Q i 1 I I 1 I 1 ,'4'i .R F r C/rr of oNNroN, rexts 215E. YCK1NNEyI DENTON, TEXAS 762011 TELEPHONE (917) 566 8 200 MEMORANDUM 1 ` i ' a DATE: ~ April 20, 1989 TO: Jerry Clark, City Engineer FROM: Lois Scobee, Senior Secretary t I 1 SUBJECT: Traffic accidents for 10/01/88 - 03/31/89 f According to the accident reports on file for this period, , C there has been 14 accidents at Pearl accidents at Parkway and Carroll. N Carroll and no t Please advise If you need further information, . o s co ee 0698E j i i s 9 i ' I 1 1 i I SUKKARY OF COUNTS A.M. Peak - Eastbound (7:00-9:00) March '89 Pearl Parkway Left Straight Right Left Straight Right 2 11 34 4 22 15 { A.M. Peak - Eastbound (7:30 - 8:30) June 187 Pearl arkwaZ Left Straight Right Left Straight Right 2 6 7 0 6 9 t Noon Peak - Eastbound > (11:30 1:30) March 189 Pearl EUXway I Left Straight Right Left Straight Right 1 9 7 3 7 11 P.M. Peak - Eastbound f (4:00 - 6:00) March '89 Pearl Parkway Left Straight Right Left Straight Right 0 10 20 1 6 10 C P.M. Peak - Eastbound (4:45 - 5:45) June '87 Pearl arkwa Left Straight Right Left Straight Right 1 9 3 1 4 13 I 4522M 11 I J E J r a SUMMARY OF COUNTS A.M. Peak - Westbound (7:00-9:00) March 189 I Pearl Parkway Left Straight Right Left Straight Right 74 15 211 93 11 46 I ~ A.K. Peak - Westbound (7:30 - 8:30) June 187 Pearl Parkway Left Straight Right Left Straight Right 30 27 63 80 21 27 Noon Peak - Westbound (11:30 1:30) March 189 Pearl Parkw~y Left Straight Right Left Straight Right 138 9 205 159 19 116 P.M. Peak - Westbound (4:00 - 6:00) March 189 Pearl Parkway I f Left straight night Left Straight Right 87 8 168 256 31 137 P.M. Peak - Westbound (4:45 - 5:45) June 187 Pearl Parkway Left Straight Right Left Straight Right 53 28 120 119 25 80 4522M 1 ~s SUMMARY OF COUNTS (Arterial Left Turns) A.M. Peak - Northbound Left Turns J (7:00-9:00) March 189 earl Parkway 28 45 ! A.M. Peak - Northbound Left Turns (7:30 - 8:30) June 187 Pearl Parkway 1` 1 4 r Noon Peak - Northbound Left Turns I (11:30 1:30) March 189 Pearl Parkway 16 24 i ~ P.M. Peak - Northbound Left Turns (4:00 - 6:00) March 189 Pearl Parkway I 25 61 P.M. Peak - Northbound Left Turns (4:45 - 5:45) June '87 Pearl Parkway 7 10 I' 4522M 1 1 I I ti i 'Ik SUMMARY OF COUNTS (Arterial Left Turns) J A.M. Peak - Southbound Left Turns 1 (7:00-9:00) March 189 Pearl VarWay 249 63 I A.M. Peak - Southbound Lsft Turns (7:30 - 8:30) June 187 earl Parkway 144 26 I Noon Peak - Southbound Left Turns (11:30 1:30) March 189 i earl Parkwa f 305 78 ~ J P.M. Peak - Southbound Left Turns (4:00 - 6:00) March '89 Pearl Parkway 256 74 P.M. Peak - Southbound Left Turns I (4:45 - 5:45) June -87 Pearl Pack a 103 38 4522M I S ~ r AM I J 4 ' 0 d ,--1 + • r~N , i CARROLL BLVL 4 i i 117 ~ Fig. 6(d) 00r %~9 C i AOL AMA.. !t 00^094. al N ' r-%^K HOLM& COUNT- 71 i0 8~s0 A. POM t 0/30/87 L I T i- i!23M(En■ac 0 i a~ t 1 PM J Q ~ a CARROLL BW 0 103 I C9 c CO co Q ul N N CAM LOiA. PYtAFt~ PEAK HOUR COUNT 4:4.3--5:45 P.M Date. t 643o 87 I I ,,1 3 J 1 1 M • N'1 W 3 Y ' ~0 CARROLL 8LV0, o c i 4 - ll ro9 rFPQA Lu0. our4,- 8t 3o A.M. /so/8T p. M (yn i Z 0 CARROLL BLVD, ro ~J Fig 4, CARROLL Pe.stKWAY PEAK h"'Uo' cou 25 4:45 - 5.45 p.m. ~ Dolt: (0/30/87 { 1 ~tle r t i 1 • E Q Sd9 *0 Al A , s i m i vvbv ooG~ ~8/z~~ ^t'°d Wd i I r f Now P401- 1130 ~ i3io W Y I CARROLL ` B LV D. ao y ~I I 3 I i a. PM Pik f 1 ' F-. W 3 z a ~ X CARROLL BLVD. o~ 6 i IZ c~ f - V P i I 9 r 3 Y Q , l CARROLL BLVD, s N ! 887 t VIM- AM Peak 07ZG 09:00 N N Q = N CARROLL BLVD. 1 j ze ~o 4 N i i 1 t DaG, 3~1 g~ Noon P" Il~3o-' l3~3fl H N , J Q r~- CARROLL BLVD. f off, 00 C~ I a N J 0: Q W ~ I o CARROLL BLVD. 7 I f o` i 2 66 CP ` ~ m 1 N J to I P` 1 4- A oo i IT Q z-~ p a I za CARROLL BLVD. I a ~ 1 V I Yes ~ ~ T ^ ;N:. u... r: 1 b } I~ v' Q z - o o. r-~ CARROLL BLVI' t • 11 • E t i ~ i i OFFSET I i a Y 1 :~a n.n N DENTON PUBLIC SCHOOLS SUYICI CENTEII 909 LINDEN DO W49 DENTON. TEXAS 7x201 June 30, 1987 RECEIVED Mr. Jerry Clark City Engineer City Hall Denton, Texas 76201 I Dear Kr. Clark: Will you consider our reasons for leaving the traffic light in I place at the intersection of Carroll Boulevard and Parkway? Our bus service benefits in several ways from this controlled i intersection. One benefit is that by using both Parkway and Congress Streets we can reduce the number of buses at any one point as they proceed to Calhoun Junior High. The bus loading zone is on Denton Street and all buses park facing south, If the light is moved to Pearl all of our buses will turn at Carroll and Congress. Access to Denton Street from Pearl is too far up the hill for buses to park in the loading zone without backing down. Since the Special Education vans park at the bottom of the hill, our current setup allows the regular transportation drivers to 4 avoid this area. About seventy-five percent of our buses use 4 the controlled intersection at Carroll Boulevard and Parkway. If you have any questions, please call me at the Transportation J \ - Department at 387-3846. I look forward to any collaboration with you in the future. Sincerely, Kevin Harvill Route Safety Coordinator Transportation Department KH:pb 1 J Iwo I 111 Ir 1 L f I f co I 0 U z -PEARL--ST. ~ N i PEARL S-T. (McKINNEY ST) AFTER I ~ C W s s - a G CITY of DENTON / 215 E. McKinney l Denton, Texas 76201 MEMORANDUM DATE: April 18, 1989 TO: Mayor Stephens and Members of the City Council ~ I THROUGH: Lloyd V. Harrell, City Manager j FROM. Roger Nelson, Administrative Assistant SUBJECTt SKATEBOARDS Several weeks ago, Council Member Gorton requested that staff research and bring to Council an ordinance that would prohibit skateboarders from using concrete drainage channels for recreational purposes. The amendment to Section 24-13 of the Code of Ordinances of the City of Denton follows this memorandum. The relevant portions of similar ordinances from other Texas cities are also included in the packet. ` In early February, both Council Member Gorton and the City Manager's office began receiving complaints from citizens whose homes were adjacent to concrete { drainage channels. Specific complaints ranged from loud and raucous behavior that sometimes began as early as 7:00 a.m. and would continue as late as f 12:10 p.m., to the destruction and theft of private property. I1 One particularly frustrating aspect to the residents of the area was the Police Department's inability to act on this matter. The absence of an 1 ordinance regulating or prohibiting skateboarding in a drainage channel left the Police powerless to stop the skateboarding. The proposed ordinance amendment adds skateboards as a device that should not , be ridden on or along a public street. The current ordinance does not specifically mention skateboards, but they could reasonably be considered a similar device to skates. The proposed amendment's significant change is 9 contained in the second sentence where the amendment prohibits the use of drainaye ditches as skate and/or skateboard recreational facilities. if you should have any questions, please let me know. i r~ v Ro Nelson I wp 1735k i 1 a . e t Irv 2664L ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING CHAPTER 24 (TRAFFIC) OF THE CODE OF ORDINANCES BY THE AMENDMENT OF SECTION 24-13 (USE OF ROLLER SKATES AND SIMILAR DEVICES ON ROADWAY); REPEALING ANY ORDINANCE IN CONFLICT HEREWITH; PROVIDING FOR A FINE NOT TO EXCEED THE AMOUNT OF $200; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council finds in the best interest of the citizens of Denton and for the public safety and general welfare to regulate the use of skateboards on public streets and easements and to avoid nuisances to abutting property owners; NOW9 THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That Sec. 24.13 of the Code of Ordinances of the City o-'-6e'nton, Texas is hereby amended to read as follows: t Sec. 24-13. Use of Roller Skates and Skateboards on Roadway an certain Easements. ' No person shall skate on roller skates or a skateboard along, upon or across any street except when crossing a street at an authorized pedestrian crossing. No person shall skate on roller skates or a skate board along, across or upon the concrete surface of any drainage easement which is maintained by the city. 1 SECTION II. All ordinances or parts of ordinances in force when tie prov lions of this ordinance become effective which are inconsistent or in conflict with the terms or provisions contained in this ordinance are hereby repealed to the extent of any such conflict. SECTION III. That any person violating any of the provisions ' of this or nance shall, upon conviction, be fined a sum not exceeding Two Hundred Dollars ($200.00); and each da} and evory day that the provisions of this ordinance are violated shall constitute a separate and distinct offense. This penalty is in addition to and cumulative of, any other remedies acs may be available at law and equity. SECTION IV. That this ordinance shall become effective ten (10) ay-from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be I published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. ' 1 J r s A'M f PASSED bNp.APPROVED this the day of , 1989. STEPHENS, MAYOR ATTEST: i JENNIFE"ALTERS, CITY-SECRETARY APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: i I 1 1 I s ti I 1J To rJ C O L~Erf I i i ( l41o TRAMc 1 !i•11 e'Y See. 2410. Riding motorcycles, A person operating a motorcycle shall not ride other than 1 upon the permanent and regular seat attached thereto or carry any other person, nor shall any other person ride upon f` such motorcycle other than upon a firmly attached seat to the rear or side of the operator. I Sec. 24.11, Boarding or alighting from moving vehicles, j No person shall board or alight from any vehicle while i such vehicle is in motton. i See. 24.12. Clinging to moving rehicles. 4 i No person riding upon any bicycle, motorcycle, coaster, ~ sled, roller skates or any toy vehicle shall attach the same or himself to any moving vehicle upon any roadway, i Me Peso" opm ` ~ 2N~1>R UM of sMie gkttte~ 1wte4fl► eie„ a rea~riy~ ~ 1r011!!t slift w 1 Sm. 24.14. Glass, nails, rte, not to b* deposited to etreetl re. move ! of same, (a) No person shall throw or deposit upon any street or alley any glaze bottle, glaw, nails, tacks, wire, cans or any other substance likely to Injure any permo, animal or vehicle f upon such street or alley. (b) Any person who drops or permits to be dropped or thrown upon any street or alley any destructive or injurious material shall immediately remove the same or cause it to be removed, 646 Aw T'I Al c i T C c o C r t I BASIC'1RAMC ORDINANCIt 1 l!•r.17 drive In a h funeral proceul on shall drriive as nearrto the vehicles properly entering or [saving an area right-hand edge of the roadway as practical which has been officially marked and desig. and follow the vehicle ahead as close nand for the lsft-turn storage and movement closely as is of vehicles. (Code 1967, 1 21.29; Ord. No. practical and safe. (Code 1867, 131-13; Ord. 680816.13, pt, 1) No. 881218-D, pt. 1) 89844 taw referaaa-Authority oroily to r.rulrto p of , auoas, VWWo'r Asa. Cir, 8t. RA. 61014, 0 27iau. /ii: f 1'l=R t1N ~i!' dOkileF~: <Mir ekalp as! sisUar icar. Soo. 11.9.7, Trunk routes, by a"" No person upon rolls skates, or devriding in or I o` (a) It shall be unlawful for any person to " -.9Wt4F4 14V vekiclo or drive or operate a: rd*W • W !0010 $y roadway, (1) Through truck on a street within the city (Code4"0011"t *t1987,& 40 g4 a street on a crosawalk. 121 that has not been designated as a through truck route. See. 11.3.10. Unlawful rldlog on vs. (2) LOW truck on a street within the city hiclos, that has not been destgnated a Ina truck (a) The operator of any motor vehicle shall not r route or a through truck roues. A through carry any person on any portion of the vehicle not truck route shall be utill:ed by local designed or intended for the use of passengers. trucks unless a local truck route provides (b) No person shell ride on any motor vehicle • mote direct route to the intended destination. On that portion not designed or intended for the (3) Truck within the central business dim. use pas pt11ra. (Code 1967, 121.11; Ord. No. 851024-D, ~ trick. (b) It shall be A complete defense to see. 11.2.11, Operation of vehicles with IRM"cutlon under subacttolu (a) that the ■otorcyclee, bioyelos, eto., driver of any such truck had departed from a clinging thereto, route for the;urpose of going directly to or It shall be u ul for any waoa` ~ from any root entW, commercial or industri. operate s value a t,.,,,,, al establishment for the u a roadway while any p rpose of delivering person riding upon any motorcycle, costs, or picking up matorW thereat and had In his sled, roes skates or toy vehicle or her lmmad4te Poaaslon any document the gams or hlmalf to such donned as a proof of route use necessity. 1967,121-11) vehicle. (Code 11.2-47h a" also a Plyato thlabsection. (Code Bee. 1141!. Podestrlans In roadways solhc• 1987A 21.37.1; Ord, Na 770128.F, Pt. 2) igloo rideal crossing certala roads. Seo. 11.3-g, Turning left after swergisg It shall 1» unlawful for any pedestrian to stand from 0114y or driveway, eta, in a roadway for the purpose of solicitlag a ride The driver of a whlcle sine ng from an Nm the driver of AnY vehicle, or to linger, loiter a11oY, driveway or building into a Publle or remain upon any roadway for any purpose, or etraat, or enqring an alley, 10 Craft Iatsstats Highway No. 36, Loop 1 CWopac driveway or Boulevard), building, shall not turn such vehicle to the U.S. 290 Eat! from Interstate High. soh; provided, that this action shall way No. 38 to the eaff ~iiy limits, and U.S. 183 not apply to vehicles properly (Ed giaeetsin Boulevard) from U.S. 290 East to a street doey entering or leaving F,11. 969(Webbervills Road) except upon an over. designated as a one-way swat, nor to page or under an underpass ' 96bpp. No. a which eroeses such 3101 y.rR TL+ ~',,`Y1 ; j e,r+ah'. Dual c^cnre~ r`MJ I ~c ~rr611'gJ n d~~'fi r,p •Iq~7J; i t. rtq 0o TSeq 'i~p n1•V.''C ..r . •Ii,ai~Y l,il~ B. NONEMPLOYEkS BOARDING OR ALIGHTING FROM 1l1 No person, except an employe* of the railroad company shall get on or off any railroad Limn while such train is in motion. 121 No such person shall board any freigh', stock or flat car or any train except a passenger train, w'ether in motion or not, unless such person has legitimate bus 'ems on such train. tBastrop Code of Ordinances, 1967= Sections 23-12 and 23-131 Cross References See also Chapter 6, Section 6, Railroad Nuisances, SECTION 9s SLAvg90"M f No ;W~.. R1,dAbdp+1.{ skateboard on Main street between •a West and Walnut Street. No parson shall'si& o#'A I%AU any sidewalk on main street between ftfW10Mt AM We11161E' t; j 10rdinance of October li, 19861 a j a 222 j DALL,r~s C CC cue 343.16 STREETS AND SIDEWALKS $43.71 SEC. 43-1e. THROWING FRUIT PEELDIGS ON SIDEWALKS. No person "bail Wow banana peelings or fruit peelings of any kind upon any pubUo ddewalk In the city. (Code 1941, An. 140.9) SEC. 43-17. PLAYING BALL, THROWING STONES, ETC., IN STREETS. No person shall play at a game of ball, practice at passing a ball, throw atones, use a slingshot or sUn1, or discharge gravel, marble, shot or any other object or anythi g, out of a gravel shooter, blow gun or other device of Like kind or character along, acrow or upon an highway, street or alley In the city. (Coda 1141, Art. 140-191 Ord. 17700) MC. 4S-IL SEATING ON 8121171 AND NDSWALKL No Pat on Shan strata an NUOP slates of Otherwise along, up" or care s my st»el In the oily aapt whom erosddeerp~aa sited yet u e+Alr Wk a to el{her 4m rwr ereedrd. lfirnewe • P$111001 IS 111MU a y dd eweBc A 11NP~r^~ ids Art y elk:'4Ci~ ] i ' I4r r6 at ills to ow padastitaYl O-I It Ord. 110031 Ord. 16611) SEC. 43-It. MIRING CONCRETE ON PAYED STREETS. No person shW mix contrite on any paved street In the city except on a platform or In a box or other rtoapteole so constructed as to ravent the convete from fawns on the pavement of such street. (Code 8141, Art. 140-11) SEC. 43-10. RESERVED. (Repealed by Ord. 14761.) SEC. 43-21. PERMITS REQVIRID FOR ALTERATIONS, OBSTRUCTIONS, ETC., OF SEWERS, GUTTERS, ETC, i No person, under any pr"texl whatever, shall Interfere with, obstruct, Injure or alter in any muner any sewer, culverl, Sutter or drain in the city without a written permit from the city engineer. Each day such Interference, obstruction, allerstlon or Injury shaU be permitted to remain after a notification by the city engineer to remove + the same shut constitute a separate otter". (Code 1141, Art, 140.14) 1365 1-40 f I ,q~ y t + 6 1 l5 9 FREDERICKSBURG CODE i 25.12 r ground, street, alley, or other public place, or upon any pri. ` l hi: wfiji (net,u~ is prov~at.1 vate premises not his own, without first having obtained the as a s,tmi lo, t.egul counsel consent of the owner or person in control thereof. (Code 1933, r,noulj be consulled in uraftm5 259) eocumants 10 meet and neer~s cf yrn.r particular city. Sec. 1510. Picking fruit, eta, prohibited without permission of the owner, r It :hall be unlawful for any person to take or carry away fium any farm, orchard, garden or vineyard of another, with. In the corporated limits of the city, any fruit, flowers, melons, or garden vegetables without first obtaining the permission e of the owner or of the person In charge of surh farm, orchard, garden, etc. (Code 1933, 1281) Sec. 13.11. Pobting bills on property prohibited without per. mission. It r1hall be unlawful to stick, paint, stamp or staple upon / the property of another such as any house, wall, fence or ` i pavement, any written, printed or other form of notice, bill, sign, circular, poster, or advertlsement, without first obtain. ing the pea misslon of the owner or person in control of such + property. (Code 1933, 1235) Sec, 15.12, Roller i-hating and use of ►kale boards or any de. vice propelled by hunian power on public streets, ,Ide"atk% or other passageway's used by the pub. Ile. 1 1lhosoever %hall skate on roller skstss, a skate board, or any other rltvice. or shall propel himself or another on roller skates, a skate board or any other device propelled by human f power, on any public street, sidewalk, or other passageway I used by the public, genera!ly, Aall be guilty of a misdemeanor +I and, on convictlun, shall be punished by a fine not to exceed 1 twenty-five dollars ($23.00). (Ord. of 2.4.33, 4 1; Ord. of } 5.9477) 1 } Cross reference-Special traffic reyuletions on roller 0sting, 129-13. Fvpp. No. 6 1J 522 D MR - 81989 L11Y,A4i?A00 ItS i i f k 4 b NINLO N06E1 ORDINANCE SERVICE codes specifically exclude a bicycle frog their definition of "vehicle" S trestlas it as a children's toy, somewhere betwsea a vehicle and a pedestrian. witb the increased use of blcyclea in this country, not Only for recrestios but for basic transportation, this view of bicycles to auc- dated and largely responsible for the confusion Amon$ aotoriste amid bicyclists over the bicycle's rightful place am the roadway. The National Committee recommend a, sad this modal ordinamica adap a in modified fore, the view that btcyclas are vehicles, entitled to all of the tights amid During all of the reapansibtllties of vehicles that use the roadways. 2. sicycliat - moodder. The definition@ of bicyclist sad mwpedr are deliberately drafted to include not only those persona actually ridtag bicycles or mopeds but those poisons welting such vehicles as well. this to dome to , that tseOrdinance; panaibi lltt~ei9 of a the rights and this f whethern the the bicyclista or mopedr has approach driver of A vehicle or of a pedetrtan depends not oa whether he to valktag or ridisg bin bicycle or moped but on wham4i he is. on a roadway, s btba yacht , s sidewalk, }u• 3. Bike Lane - Bike Oath. The most important distinction betvsen the ditaitioas of bike lane and bike path to the inclusion of the bike lane as part of the roadway. The andel ordiaance permits all vehicles to use a Dike lane under certain circumstances. Under the ordinance. however. the bike path is not ` part of the roadway and to much more astlurively reserved for bicycle travel, . eVaa to the polar Of requiring pedestrians using a bike path to yield the right of way to bicyclists. r Nooed. ' The National Coaitsee recommendm that a moped be defined is a visions motor-driven State vehicle codas which era intended v to apply to e mopedsnbucr~ refer only to r t recommends againstuseofnthis cycles. to The describe Association l since American a ) mopeds in the sue vehicle category as vary powerful motorcycles. The model ordinance adopts the definition found in the majority of State vehicle cods; Lys., that a moped is a type of actor vehicle. The reminder of the ordinance definition is essentially the one raronmend d by the Nannies) Committee. before using this definition, however, mualtipallcies should check their State vehicle codes to fee how sopeds (or sotorued bicycles) are dfLnd and troi i Ieffaltime tecludse a skateboard operator. Novewr, Section b-uibJ►ispYYiiUrias's traditional right of way to skarsboard operators using etdew )teas bike pa'.h.a. N '1 b. Vehicle. tnd definition of vehicld is bi.ically the and presently found in the LSC. To mdlntalc coratstency between cnu defktitticn iii the deftn!clon of pdestr Lan use.' in this ordinante, it is n~_, a%acr co eAci,.:e ,kiteboarls fros the definition of vshlcLe. ~ i-ta00.: -77 F a.. MIMLO MODEL ORDINANCE SERVICE 5. Position On Roadway. The model ordinance rejects the National Cowaitaea-s reramamdatioa that the LVC provision regwlring bicyclists to ride as ' close as practicable co the right-hand side of the roadway be deleted. The model ordtaanca both modifies the iVC provision and expands it by (1) confislmg bicycles sad mopeds to the right-hand side of the roadway only when they are operating at lees than the normal speed of traffic, and (a providing designated exceptions to the right-hand side of the roadway tRrtrictioo. 5. Roadway Rastrictions. .'ether them prohibit bicycles and mopeds on limited access highways, as do asst $tats vehicle codes, the model ordinsrcs prohibits them an roadways not containing a bike Lane, where the maxi" sped lisle is grater than 40 mph. 7. Sidewalks Md Crosswalks. 1 f As previously monitored, moped operation upon sidewalks . to prohibited. Although bicycles may be operated upon sidwalks and cross- walks, the model ordtaaacm crests the bicyclist as a pedestrtaa while doing ao. However, he still must yield the right of way to all non-ekatt- board pedostrtama. Thus, the "peckiag order" in tens of right of way on sidewalks in non-skateboard pedestrians, followed by bicycltsts (walking or riding), followed by skateboard operators. i •i 0(j Tee 4N skateboards. i es e as v ojar a as ekste r ee s ews s I I 9 1 i I Y F i SICSCIES, SKATEgOAADS AND MOPEDS before overtaktag and passing Say podeatriaa. Ito bicyclist Shall operate d bicycle uPoe a sidewalk or acroaa a raadvey flealtcswalk to say parties of this city (COUaty) epact- r designated ss a business district or is any Porting. Of thta City (County) where such use of bicycles to prohibit. ad by official truffle-coneral devices. A bicyclist operao- t+g • bicycle upoe a Hdwalk or atraes a roadway UPC* a crasavall shall be grsatad all am rights Sad b lect to all the duties applies bIt to a pedeatrlaaollatunder•ekeuMe oe circuestancee, (s) M e_t.-.f• - Every bicyclist and g.opedor shell live a Sig. @41 of him Latesclem to turn right or left continuously durus set less then ehd last one huodred feu (100') travelled by his vehicle before turning and shall give a signal wbllS his vehicle IS stopped, wetttag to turn. A hand or am migeal need sat be gives coatiaaous)y if the hand is needed to the control or operettas of hla vehicle. - W .I1hW - Whenever official traffic-control devics tadle that ta right, left or D turn to pers/tted, ao bletyelfateator pNder shall take such a curs unless he dispunea froe his vehicle to takd the turn, is Mich event he shs)l tMa obey all lava and ordtaasces applicable to podestriaoe, - (u) 1►2a--Lroa__t - bicyclists and aopodera an s roadway Shall not j rids more than twe abreast. licyclioto and tapoders operettavg bicycles twoebrosst on a laced roadway shall do w vithta a j slagld Isom. gicyclisto and sopedaza operating vehlclss two ' abreast on a roadway ohs I1 net tapeda the aortal ead resemble sovoemot of traffic, SECTION 9.1414, Rules of the Road - Skateboards. P,VbtbttM w P~ n1 raalwey K to RW bike ~ (1) MadN~th a frado of Apia valued or speed of the Vole~stasffie or the , width of the roadway renders she roadway unsafe or uneult- able for skateboarding; 0) Boards ring a bike path or sidewalk where skateboarding to not prohllited) or (4) to any porclon of this City (Cownty) specifically deslg- (b) 4istrkt. tool d-orgo of sheen"-.A where~M1 e 0 i (e) SRJeYWar lag s.14 hall bd `pro bated upon as sidewalk is to tien of this city (County) specifically designated as a business f district. Skateboarding shall be pormlttn! on bite paths sad all other sidewalks within this City (County), I (e) a oatd operators on roadways o nee shall be granted all of the rights and shall to subject to all of the duties applicable to non-skateboard pedestrians. 1 9•i:JO.ll I I I 1~ r I r S MIMLO MODEL ORDINANCE SERVICE (L) skateboard operators shall war proucelva coverings for their hands, knees, elbows and holds when operating ■ skate- board and shell not operate s skateboard while barefoot. (g) No more than one psrsoe shall operate or ride on a skateboard at cod time- SECTION 94413. Regulations. The of his designee to authorlted to establish Q it written regulations necessary to ieplemest the provisions of this or- dtunco. SECTION 9-1416. Public Iafotmulon. (a) At the else of the regtstractoo or safety inspection of any bicycle or toped, the police departsenc shall provide to the owlet of the bicycle or moped a copy of this ordinance and all I ImUtlems established under it. j it) also Coies available. upon request, tent they police depattssa~. I SECTION 9-1417. Penalties. Stie h poreoe convicted o[ a violation of say provision of chit ordi- orby suipenalon ofaof Aiaqusliffcattont[iatathearegistrationaof the Ovio-- lscor's bicycle or moped, of by ispoundsdmt of the vtolator's bicycle, toped or skateboard for a period not to exceed thirty ()0) dqs or by say cotbtnatioo thereof. SECTION 94419. Stogrability. The provisions of this ordinance are separable and it any provision, Clause, seatescs, subsection, word or pace thereof is held illegal, imvaltd or unconstitutional, er inapplicable to any person or Circumstance, such l1leEaltty, tnvalldity or unconstitutionality, or inapplicability shall not afiats or 4a041r any of the remaining provisions, Clauses, sentences, sub- ' S, sections, words, or parts of this ordinance or their application to other parsons or circumstances. It to hereby declared to be the legislative lo- cent that this ordinance would have boas adopted if such illegal, tnva,;i, - or unconstitutional provision, clause, sentence, subsaction, word or part had sot been included the ordinance of part thereof is hold Inapplicable.r had rbeentspecificallyth dreept therafroo. SECTION 9-1419. Effective Data. This ordinance shall take effect thirty ()O) days following enactment. j r I