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HomeMy WebLinkAbout12-05-1989 V low d , AGENDA CITY OF DENTON CITY COUNCIL December 5, 1989 Work Session of the City of Denton tCity Council o Tuesday, December 5, 1984, at 5:15 P•m' Denton, Texas at which the City Flail, 215 E. McKinney, following items will be considered: Note: alsItem Agenda for the WorK Session may also be considered as part of the agenda for the Regular Meeting. 5:15 p.m. 1, Executive Session: A. Legal Matters Under Sec. 2(e), Art. 6252-17 ' V.A.T.S. 1. Consider action in Denton County Vs. CtY and in Re,. Flow. i B. Real Estate Under Sec. 2(f), Art. 6252-17 V.A.T.S. C. Personnel/Board Appointments Under Sec. 2(g), Art 6252-17 V.A.T.S. ` k 1. Consider appointments to the Animal Snelter Advisory Committee and Building Code Board. i 5:45 p.m. i 1. Hold a discussion with the Parka and Recreation Hoard regarding City priorities in the operation of City parks and recreation facilities. 2. Hold a discussion regarding the Freeport Amendment. i Regular Meeting of the City of Denton City Council on Tuesday, December 5, 1989, at 7:00 p.m. in the Council Chambers of City h Nall, 215 E. McKinney, Denton, Texas at which the following items will be considered: 7:00 P.M. 1111 1, Consider approval of the minutes of the Regular I Session of October 17, 1989 and the Special Call Session of October 24, 1989. 2, Presentation of "Yard of the Month" awards. 1 f J 1 T1W i E City of Denton City Council Agenda December 5, 1989 Page 2 3. Receive a citizen's report from Joe Dodd regarding pornography, child protection and relating legislation. 4. Public Bearings A. Bold a public hearing and consider adoption of an ordinance providing for a change from Multi-family One (MF-1) and 3eneral Retail or Single Family Seven (SF-1) to Light Industrial (L1) on approximately 7.7415 acres of land. (The Planning and Zoning Commission recommends approval.) Z-89-016 I S. Consent Agenda ~ 1 Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. I I Listed below are bids and purchase orders to be approved for payment under the Ordinance section of the agenda. Detailed back-up information is attached to the ordinance (Agenda item 6.A) This listing is provided on the Consent Agenda to allow Council Members to discuss any item G prior to approval of the ordinance. A. Bide and Purchase Orders! 1. Bid 01032 - Padmounted Transformers 2. Bid 01033 - Wire/Cable 3. Bid #1039 - Rental of Scraper 4. Bid 01040 - #2 Diesel Fuel Oil i 6. Ordinances A. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of materials, equipment, supplies or services. B. Consider adoption of an ordinance amending Appendix A, Subdivision and Land Development, of II the Code of Ordinance to exempt certain provisions of these regulations from applying to development along certain airports with historical significance (The Planning and Zoning commission recommends exemption of sidewalk provisions). fi 9 i s i, n ~ City of Denton City Council Agenda December 5. 1989 page 3 C. Consider adoption Of an retaining ordinance Of thetirmy of law Denton. Texas, lienderson Bryant S Wolfe to represent the City In litigation pending styled !L Re: Flow tieoional Medical Ce_ n~_.-inc. D. Consider adoption of an Denton. Texas, approving °adsettlement and release ending litigation between the of all claims, for p City of Denton and Bvecy Jack Bowling, Jr. et. al. g, Consider adoption of an ordinance Of the City Of settlement and release Denton, Texas, approving of all claims, for pending litigation between the City of Denton and R. D. Martin. then Code amending Con an of ordinance (Muncipal t) 1 F. Consider 8 adopt ion OCour repeal of the existing Pide City of Denton, Texas, by r adoption of a new "Court" chapter and by for a "Municipal Court" chapter; providing maximum penalty of $200.00 thereforLOVidlr j violation of Section 8-34 thereof; and providing for publication. 0. Consider adoption of an ordinance approving the interim waste disposal contract between the City 1 of Denton and the City of Argyle. (The Public j Utilities Board recommends approval). H. Consider adoption of an ordinance authorizing the and order execution of hange Dominiono Brridge bSulzer the City Board Escher ontract price. providing for in c recommends approval). J t, Consider adoption of an ordinance authorizing the execution f Denton change order to a contract between the City nd Sunmount Corporation; and providing for an increase in the contract price. J. Consider adoption Of an ordinancetsx eollCity of Denton, Texas, approving the 1989 G- I T-W 4 1 i City of Denton City Council Agenda December 5, 1969 Page 4 K. Consider adoption of an ordinance authorizing and allowing under the act governing the Texas Municipal Retirement System, "Updated Service 3JI ` Credits" in said system for service performed by I qualifying members of such system who presently are in the employment of the City of Denton; and providing for increased prior and current service annuities for retirees and beneficiaries of deceased retirees of the City. L. Consider adoption of an ordinance granting to City employees additional rights and credits in , the Texas Municipal Retirement System as authorized by Section 63.303 Subtitle a, Title 110B, Revised Civil Statutes, as enacted by House Bill 1665, Acts of the regular session of the 71st Legislature. 11. Resolutions 1 A. Consider approval of a resolution authorizing the City Manager to execute an agreement between the City of Denton, Texas and the Department of the i Army, Corps of Engineers establishing procedures for hydropower operation at Lewisville Dam. (The Public Utilities Board recommends approval). N f B. Consider approval of a resolution authorizing the City Manager to execute an agreement between the City of Denton, Texas and the Department of the Army, Corps of Engineers establishing procedures for hydropower operation at Lake Ray Roberts Dam. (The Public Utilities Board recommends approval). 8. Announce an appointment to the civil service commission. 9. Miscellaneous matters from the City Manager. lo. official Action on Executive Session Items: A. Legal Matters B. Real Estate C. Personnel D. Board Appointments I I f J t I LJ I I I/ 1 City of Denton City Council Agenda December 5. 1989 Page 5 I 11. New business: This item provides a section for Council Members to suggest items for future agendas. 12. Executive Session: A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S. B. Real Estate - Under Sec. 2(f), Art. 6252-17 `r V.A.T.S. I C. Personnel/Board Appointments Under See. 2(g), r,) Art 6252-17 V.A.T.S. I h C E R T I F I C A T E ( I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of 1989 at o'clock (a.m.) (p.m.) CITY SECRETARY F ~ ' 3206C I j ' lI M I LJ ~r r~ r~ . i i M J ii i I i I ..r e rcu. v~ kYdt Y ,i r 6 INN r~ L~ CITY rtr DINTON / 215 E. McKinney / Denton, Tees 76201 MEMORANDUM DATE: December 1, 1989 TO: Lloyd V. Harrell, City Manager E FROM,. John F. McGrane, Executive Director of Finance SUBJECT: FREEPORT AMENDMENT Attached is a copy of the information submitted by the State 1 Property Tax Board regarding the Freeport Amendment. } ohu F. McGrane JFMCG:af Attachment 4996F I ' I~ 1 a State Property Tax Board 4301 Westbank Drive, Building B, Sulte 100 Austin, Texas 78748.6565 EXECUTIVE DIRECTOR Telephone 612.329-7901 or 800.252.9121 MEMBERS OF THE BOARD Ron Patterson FAX (612) 329.7879 DEPUTY DIRECTOR FOR OPERATIONS Marvin L Jones, Chapman Bob Carroll George F. Bobbin DEPUTY DIRECTOR FOR VALUATIONS Ben Munson Tim Woolen Jim N. Nugent GENERAL COUNSEL Arthur C. While Sands L Shafer Gerald (Buddy) Winn November 21, 1989 MT11 11 Dear !Mayon With the passage of proposition 5 (the "freeport" exemp- tion), Texas taxing entities must act quickly to determine whether or not they wish to continue taxing goods that are temporarily in the state. AS i know timely information is critical for you, i am enclosing a copy of an article we are preparing for our monthly newsletter. The article describes the freeport amendment, how chief appraisers must implement it, and the steps you must take if you wish to continue taxing the property. I hope this information has bee tnmf,u o you. If we can be of further help, please feel fre to ca o us. incere , Ron Patterson d i i i i, Freeport ezemption passed by voters with ehe passage of the "freeport exemption" by Texas voters, Texas joins numerous other states in providing an exemption for goods in transit. Some types of local taxing unite m:y continue to tax the property, but they must act quickly to do so. HB 2959, the implementing legislation for SJR I1, takes effect January 1. The bill repeals section 11.01(d), Property Tax Code, and adds a new Section 11.251 setting out the freeport exemption. The bill also amends Sec. 26.L%2 of the code, providing that a freoport exemption won't be considered a new exemption in effective and rollback rate calculations. The bill amends Sec. 11.86, Education Code, to provide that freoport value exempted by a school district won't be reported by SPTB as part of the district's taxable value. Chief appraisers and taxing units will need to review both the constitutional amendment and the tax code language to administer the change. SJR 11 SJR 11 adds section 1-j to article VIII of the Texas Constitution. The section provides that goods, wares, ores, and merchandise can qualify for the exemption if they meet certain criteria. Tangible personal property used in the repair of air carrier equipment can also qualify. Oil, natural gas, and petroleum products won't qualify. i I In order to qualify, these items must be acquired or brought into the state to be forwarded out of the state. Forwarding out has a special definition for aircraft parts. The items must be detained in the state for assembling, manufacturing, fabricating, or processing purposes. Aircraft parts and equipment meet this standard if they're used in the repair or maintenance of air carrier equipment. Most importantly, the items must leave the state within 175 days or less of the date they were acquired or brought into the state. The amendment provides that certain types of taxing units can opt to continue taxing the property. A county, city or town, school district, or junior college district may opt to tax. Special districts other than junior college districts may rot tax the property. If the county, city, school district, or junior college district wants to tax the property, it must take official action to do so before January 1, 1970, to begin taxing the property in 1990. If the unit doesn't act by January 1 but does act before April 11 1990, the property is exempt for 1990 but becomes taxable again in 1991. If the unit doesn't act before April 1, it is barred from taxing the property permanently. If a unit does take action to tax the property, it can later decide f to exempt it. The unit must take official action to do so. The freoport exemption 1 i i property becomes exempt beginning in the first year after the action. However, the unit may provide that the property becomes exempt in the year the action is taken. Once the unit takes action to exempt the property, it is barred permanently from taxing it again. The amendment also allows a city or town, county, school district, or junior college district to retroactively exempt property for 1989. The unit must take official action to do so. It must also "waive" 1989 taxes on the property and refund taxes already collected. Sec. 11.251 Sec. 11.25. implements the Freeport exemption and describes how the chief appraiser must calculate the amount of the exemption. The , section first defines "freeport goods." These are goods, wares, ores, and merchandise that meet the 175 day test set out in the constitutional amendment and are present in the state for the purposes descrit.ed in the constitutional amendment. Aircraft parts, equipment, and other tangible personal property are also "freeport goods" if they meet these tests. The statute adds an additional test for goods, wares, and ores, merchandise. These must be under the continuous ownership of the person who sends them out of state from the time they are acquired or brought into the state. Sec. 11.251 also excludes oil, gas, and pertroleum products. it defines petroleum products to include only liquid or gaseous materials that are the immediate derivatives of refining oil or natural gas. Determining the exemo on. Under Sec. 11.251, the freeport exemption is a partial percentage exemption. The chief appraiser applies a percentage against the current value of the property owner's inventory to determine the amount of the exemption. The statute sets out the method for determining the percentage. First, the chief appraiser looks to the property owner's inventory for the preceding year. The chief appraiser must determine what portion of the property owner's inventory met the tests for freeport f goods-- essentially what portion of the inventory left within 175 days of its acquisition or importation into the state. Dividing the value of the freeport goods by the total inventory value gives the percentage. In computing the value of freeport goods, the chief appraiser excludes the cost of certain machinery, equipment, and components. These are items that became component parts or were used in processing freeport goods, but that were themselves in Texas for more than 175 days. For example, suppose a company installs air conditioners in imported cars. In some cases, the cars leave Texas within 175 days of the date they were brought in, but the domestically manuractured air conditioners have been in the state for 200 days by the time they leave with the cars. In such a case, the cost of the air conditioner II freeport exemption 2 1 c i j would be subtracted in determining the value of the car for exemption purposes. The section has special provisions for cases where the property owner wasn't transporting goods out of the state for the entire preceding year or where the percentage of Freeport goods differs significantly from year to year. J If the property owner wasn't transporting goods out of state for ]I the entire preceding year, the chief appraiser may consider the percentage value of freeport goods in the part of the year the property owner did transport goods. if either the proporty owner or the chief appraiser shows that the previous year's percentage significantly distorts the value of freeport goode in the current year, the chief appraiser uses a ra different method. Based on the property owner's records and other available information, the chief appraiser estimates the probable f value of items in the owner's current inventory that will be shipped out within 175 days of acquisition or importation into the State. This value becomes the amount of the exemption. i Section 11.251 also contains an unusual provision to help chief i appraisers get the records they need. The chief appraiser may require the property owner to provide copies of records to substantiate the i owner's right to the exemption. If the owner doesn't provide them within 30 days of the date of the request, the owner forfeits the right to the exemption for the year. { rec. 26.012, HB 2959 amends Sec. 26.012 to provide that a new freeport exemption k doesn't lower a taxing unit's effective or rollback tax rates. Normally, taxes on property that qualifies for a new exemption are subtracted in calculating the effective and rollback rate. The subtraction reduces the unit's effective and rollback rates. However, a freeport exemption isn't considered a new exemption for calculation purposes. Sec 11 86 Education Code HS 2959 amends this section of the Education Code, providing for the SPTB'a property value study. The amendment provides that property value qualified for a freeport exemption won't be reported as taxable property value in the SPTB study. The State Property Tax Board is preparing an exemption application ' form for the freeport exemption. A draft of the form will be mailed to all chief appraisers. The exemption must be applied for annually. i I ~ freeport exemption 3 ._.r r 1tii 5 Below is a skeletal form for an ordinance providing for continued taxation of freeport property. Counties and schools would modify the language as needed. AN ORDINANCE PROVIDING FOR THE TAXATION OF PROPERTY EXEMPT UNDER AN N EMERGENCY- T91, Vas lapplicable) TAX TEXAS YEARI AND DECLARING BEGINNING WHEREAS, (1990 or 19WHEREAS, the (name of governing body) finds that the taxation of certain goods, wares, ores, and other tangible personal property that is forwarded out of out of this state within 175 days of its acquisition or importation into this state is in the public interest, NOW THEREFOREt BE IT ORDAINED BY THE (NAME OF GOVERNING BODY) OF THE (NAME OF TAXING UNIT)s SECTION 1i All of that property described in the Texas Constitution, Article VIII, Sec. 1-j, shall be fully taxable in (name of taxing unit) 1,J1990 1990; January before betweenadopted beinningt(January aif ordinance fadoptedordinance Ja 1 1990). with this SECTION 2. lordinances to parts the extent of conflict. ordinance are hereby repealed j SECTION 3. This Ordinance shall take effect immediately from and after its passa7e and the publication of the caption, as the law in such cases provides. ! PASSES AND APPROVED this day of ► 19 I J I 1 1 1 Or low q.. 4 g s i E R 155.54 Request to Postpone Tax Bill. (a) Each collecting office shall prepare and make available to the public forms for requesting the tax office to postpone issuing a tax bill until the amount of unpaid tax reaches $15. The form shall require the taxpayer to provide the followings (1) the property owner's name, current mailing address, and telephone number; (2) 3 description of the property, the property account number, or a copy of tax or appraisal office correspondence that identifies the property; and (3) the title or capacity of the person who signs the form. (b) The collector shall include on the forma h (1) instructions that state that if the property owner files the E form, no penalty or interest will accrue on taxes until the total amount of tax owed to all units for which the collector collects taxes reaches $15 or mores and (2) the name, street address, mailing address if different, and telephone number of the collector's office. (c) The collector may duplicate model form 31.01 or use a different form that requires the information and sets out the instructions 7 required by this section in the same language and sequence as the model form. (d) in special circumstances the collector may use a form that provides additional information, deletes information required by this rule, or sets out the required information in different language or sequence than that required by this rulo if the form has been previously approved by the State Property Tax Board. (e) State Property Tax Board Model Form 31.01 is adopted by reference. Copies of the form may be obtained from the State Property Tax Board, 4301 ilestbank Drive, Building S, Suite 100, Austin, Texas 78746-6565. I ~ Rules/r15554 (11/16/89) 1 r low E r R Collection office name and address Request to Postpone Tax Bill File this form with the collection office listed above if you wantth• office to hold your tax bill until the amount reaches S1 S. No penalty or Interest will accrue on your taxes until the total amount of tax you owe to all taxing units for which F this office collects taxes reaches $15. Step 1: Owner's name Owner's name { and address Current mailing address (number and street) City, town, or post office, state, and zip code 17 Telephone Step 2: Give street address, legal description,orcollectionofficeaccountnumber(itknown),Or,attach N Descrlbe the a copy of a past tax or appraisal office notice or letter that describes your property. property i i ' Step 3: By signing this form, you direct the collection office named above not to send you a tax bill on this Sign the property until the amount reaches S15 or more. form signature Title Date i i Under Section 37.10, Penal Code, if you make a false statement on this application, you could receive a )all term of up to 1 year and a fine of up to $2,000, or a prison term of 2 to 10 years and a fine of up to $5,000. raw MN In~w i a i P 4 v n v notic of aopublicnhearing on Sec. 155. 57. Notices EInHearing publishingProposal Personal Property. (a) a proposal to tax non-business personal property under the Tax Co e, Sec. 11.141 the taxing unit shall include the following informations pr)oposalatomtax non-businessnpersonall property;c hearing on a (2) a description of the categories of property that will be taxed, if applicable; (3) a statement that the governing body must find that the taxation of the property will be in the public interest; 1 (4) a statement that interested persons may speak for or against the proposal at the public hearing; (5) the time, date, and place of the hearing; and (6) the name, street address, mailing address if different, and telephone number of the taxing unit. (b) The taxing unit may duplicate model form 11.14tion Bea) afferent form that seta out the information listed in subaec ( in the same language and sequence as the model form. (c) In special circumstances the taxing unit may use a formetthat this provides additional information, deletes information requir by rule, or sets out the required information different haalbeenage or sequence than that r thee dState Property Tax Board. previously approved by by (d) State Property Tax Board Model Form 11.14 is adopted by reference. Copies may be obtained from the State Property Tax Board, 4301 westbank Drive, Building B, Suite 100, Austin, Texas 76745-6565. 1 f 1 (11/15/89) 1 Rules/x15557 i p ~II1e ti Yj~ k NOTICE OF PUBLIC HEARING TO TAX PERSONAL PROPERTY The (Raw ofpoh&dl ."led VUkM" IIVernt"g boo) will hold a public bearing on a proposal to tax the following non-business personal property: (PAW r1=W' ofPFW O' m be sblea to UWo") To tax the above property, the (ump6'°nli topent"f b06) must approve the proposal by ordinary resolution or order and must rind that the taxation of property as proposed will be in the public interest of all residents of (w"t°JpArdsubdl"P') The public hearing will be held on (dau aAd "r) at (mvdq ~ I i All interested persons may speak at the meeting and present evidence for or against this proposal. ( 'i i i ® oM I 1 1 IO.11 (INI" -Y F II 1 1 l 1 I s rI ~G D CITY OF DENTON CITY COUNCIL MINUTES/ OCTOBER 17. 1989 The Council convened into the Woik Session at 5:30 p.m. in the Civil Defense Room. PRESENT: Mayor Stephens; :4ayor Pro Tem Ayer; Council Members Alexander. Boyd, Gorton, and McAdams. ABSENT: Council Member Hopkins 1. The Council received a report on the NLC Human Services Steering Committee Meeting. Council Member McAdams presented a report on the NLC meeting she had attended. The meeting centered on a drug testing policy recommendation from the NLC Human Services Steering Committee. Also discussed at the meeting was AIDS, gun control and the JTPA Employment Program. Concerns of the committee j were that there were not enough treatment facilities for people who could not afford treatment, a matching funds proposal would not be welcome as there were already too many matching fund commitments that the states had to participate in, adequate housing for the poor as it was difficult to deal with a drug problem when these people had no place to live, and employment for the youth. 2. The council held a discussion concerning the j Entranceway Plan outline and the development of entranceway regulations. Frank Robbins, Executive Director for Planning, stated that several activities were being undertaken at the same time which included rewriting the zoning ordinance, cleaning up FD's, preparing for city initiated rezoning so Denton's zoning would more closely match the Denton Development Plan's Concept Map, reviewing zoning cases, developing an Entranceway Plan, and sign Ordinance amendment suggestions, He stated that entranceways to the City had such problems as being cluttered, existing uglies, inadequate landscaping, a mixture of uses, inadequate setbacks, and congestion. Suggestions for entranceway regulatory approaches included conditional zoning; overlay zones; a menu of standards: eliminate some uses from i the "C" district; increaso standards of landscaping, setbacks, minimum lot sixes, building materials; new ways to measure 1 development and bonus incentives, Council Member Alexander asked if there would be more control j with Planned Development zoning than straight commercial zoning for future development. Robbins stated yes that a planned development had a timetable and development standards. Consensus of the Council was to proceed with the process necessary for planned developments along city entranceways. J 1 i ~I ti r i City of Denton City Council Minutes October 17, 1989 Page 2 3. The Council held a discussion concerning Eagle Point Subdivision and street closing area. Jerry Clark, City Engineer, presented background information on the area and the problem with the street closing. Staff was concerned that Locust and Myrtle could not handle the additional traffic generated from short cutters, delivery trucks, and others. This would result in mayor improvements being needed in those areas plus extensive signalization on Eagle. Staff felt the best solution was to close a portion of S. Locust and Myrtle with adequate access at Collins. The rlanning and Zoning Commission and the Citizens Traffic Safety Support commission suggested only closing Myrtle. That would be a viable solution if substantial improvements were done in the future. CIP funds could be used to improve the area and have only right in and right our, movements at Locust, perhaps + Mayor Stephens suggested a public hearing in order to obtain I citizen input. Consensus of the Council was to schedule a public hearing on the issue in the near future. 4. The Council held a discussion concerning contracts with hotel/motel tax recipients. Lloyd Harrell, City Manager, I stated that new state statutes plus Council concerns and suggestions from the tax recipients required amending current contracts with those entities receiving funds. The State statutes included (1) the city must approve in writing in advance the annual program budget of each party, (2) the tax revenues spent for operations and administrative costs must be those costs "incurred directly" in carrying out a purpose for which the tax is authorized to be spent, (3) if the entity also administers other programs for which hotel tax revenues cannot be used, the administrative costs for the authorized activities may not exceed the actual costs incurred in conducting the authorized activities, (4) the tax revenues may not be spent 1 for travel expenses of a person for activities not related to the person's performance of an authorized hotel tax activity, and (5) if the entity makes a "subgrant" to another person or ` organization, the subgrant shall be by contract and the subgrantee must at least annually report to the council the expenditures made and make its financial records available for inspection. The two other suggestions were a request from the Historical Museum for a separate contract and a council suggestion of a cap on the allocations. Concerns indicated by Council Members were that the cap level be above the amount of revenues generated so that the recipients would not feel the cap for several years and not hurt their budget process and that sunset clauses perhaps be incorporated into the contracts so that they could be renegotiated in a definite time period. ' t City of Denton City Council Minutes October 17, 1989 Page 3 Mayor Stephens suggested a Council subcommittee to work with the recipients and the City Attorney for proposed wording of the contracts. He suggested Council Members Gorton and Alexander represent the council on the committee. Consensus of the Council was to proceed with the subcommittee to format contracts incorporating the language now needed by state statutes. 5. The Council was to held a discussion concerning a request from the City of Argyle for sanitary sewer service. This item was not discussed during the Work Session. ' i 6. The Council did not meet in Executive session during J~ the Work Session. J The Council then convened in the Regular Session at 7:00 p.m, 11 in the Council Chambers. PRESENT: Mayor Stephens; Mayor Pro Tom Ayer; Council Members Alexander, Boyd, Gorton, and McAdams. i ' ABSENT: Council Member Hopkins I 1. The Council received a donation for the victims of Hurricane Hugo from Denton High School students. I Crystal Smith and Delaney Gcacey of the Student Council i presented a check for $263.35 to the Mayor which was a result of student donations of change to the project. 2. Presentation of "Yard of the Month" awards for October. Mayor Stephens presented the awards to the following winners: Mr. and Mrs. Brian scolls Mr. Jack Starling Mr. and Mrs. W. A. Barker Harpool Farm and Garden Center Mr. and Mrs. Gone Allen 3. Public Hearings A. The Council held a public hearing concerning the recommendation of the Solid Waste Alternatives Committee that the City of Denton Solid Waste Division become the exclusive commercial and industrial solid waste collection service provider. i ; R City of Denton City Council Minutes October 17, 1989 Page 4 The Mayor opened the public hearing. George Gilkeson, Chair-solid Waste Alternatives Committee, stated that the Committee had two charges (1) to examine the rcll, if any, the City of Denton should play in the solid waste b usiness, and (2) what to do when the present landfill was full, articlespand ireports about rsolidT waste, Committee e to speakers regarding various aspects of solid waste disposal and why it should be done one way or another, and was assisted by the City staff with cost estimates of various waste disposal. They studied current situations in other cities and interviewed two lect Perrisel dustries. They Texas sand cogeneration of power. The Committee concluded that Denton was unique in that it currently was in the solid waste business, had its own landfill, personnel to collect the waste, personnel to take c investment are of the bookkeeping, and had already made the capital 1 in the recommendation of the Committee nthat the City of h Dentonabecome the exclusive solid waste server for the City of Denton. It ofsDentonuimmediatelyrtakemsteps to locate mandtacquire new land for a landfill. John Gustafson, General Manager-Texas Waste Management, spoke in opposition. He stated that they had not had a lot of time to study the Committee's recommendation as they had just picked it up when they came to the council meeting and what they had read in the newspaper. One of the points brought out in the report and in the newspaper was that the Committee felt that a number of private collectors would not enable the City to recover substantial return on the investment it had in the equipment to perform the job. He estimated that Texas Waste - 'I then city [limits dof about SO% City of the commercial They were accounts more within than satisfied with their return on investment that they were 1 getting. They were providing an essential service and were note c methtoh the LCouncila oritthe existed and point. 1 ahad Committee that asked for They ny changes to be made. He surmised that one of the aspects that t all of the he recommendation was inferring was that were the City to have I investment. Hecdidn'tisee how thatldcould rhae its return on III his understanding that the recommendation ofpthen, e commitwas ls teeawas based in large part, upon a comparison of commercial rates charged by Texas Waste Management and other contractors in other areas. It was their feeling that this comparison was taken out of context and not fairly applied as it would apply to the City of Denton. Texas Waste Management had a user feo that they paid to the City of Lewisville. In hie opinion, to 1 i L'J Y aal y i 1 i City of Denton city council Minutes October 17, 1989 Page 5 get a rate that was comparable to what was being charged in the City of Denton, a number of things had to be done. A commercial franchise, user fee, etc. was occurring in the area that was being compared with what was happening in Denton where there was no user fee and other competitive haulers. Taking out the 10% in residential, would realize a revenue of $6.57 per month for twice a week pick-up which was similar to what was happening in Denton. In terms of per capita revenues, the sources may be different but the results were the same. Texas Waste Management could help extend the life of the landfill by diverting more loads to Lewisville. Council Member Alexander asked if the user fee was the franchise fee that they were paying to the City of Lewisville. Gustafson replied yes. Council Member McAdams asked if the user fee were taken out, was Mr. Gustafson saying that their rates were comparable to Denton rates. Gustafson replied that if the user fee were backed out, Denton residential would be $3.00 higher than Lewisville residential. The source may be different but the results were the same in I terms of per capita revenues. Council Member McAdams stated that part of what the Committee found was that Texas Waste Management pricing varied under different circumstances. she asked Mr. Gustafson if their rates changed based on whether there was a another competitor available. Gustafson replied that competition dictated rates by supply and demand. in a competitive situation, rates could be adjusted accordingly. Council Member McAdams asked of the commercial hauling Texas Waste Management was doing in the City of Denton, how much went i to the City of Denton's landfill and how much went out of the City. Gustafson replied that 7,000-8,000 yards hauled out of Denton { went to the DPW Landfill in Lewisville, 5,000-6,000 yards went to the City of Denton landfill. Mayor Pro Tem Ayer expressed concern about the access of the Committee's report to the public. He wondered when the report was submitted to Council and whether that report had been available to those who asked for it. 1 J i Yy 8{ F 4b City of Denton City Council Minutes October 17, 1189 Page 6 Charlie Watkins, Superintendent of Solid Waste, stated that the report had been available since about July. Council Member Boyd asked if there was an implication that in the City of Denton, the residential customer was subsidizing the commercial customer. Gustafson replied no that he had stated that if rates were going to be compared, then they should be done fairly. The revenues generated per capita by the garbage department in either area would be essentially even, regardless of the source of the revenue. Joe Bendzick spoke in opposition to the City of Denton taking on the task of being the sole provider of solid waste. It would give citizens no choice at all. It removed competition. He was a previous City of Denton customer from 1972-1979 and was not satisfied with the service. When he took on a private k carrier, ho took on a choice. A choice that he still had if he 1 did not like the service provided from a private carrier. The I bulk of any waste hauled now goes to another landfill which would add life to the City of Denton landfill. Most of all, he did not want the element of choice taken away. i Joan Hullberg stated that when the City of Denton had exclusive right to pick tp ttdsh, there would be no choice. She had used the City of Dentoa for a long time but within the last three months, she had switched service. This was because the City did not provide the service. The City did not come on every required day and when they did, trash would spill all over when the dumpsters were emptied. It was not fair not to have a j freedom of choice. Council Member Alexander asked Mr. Bendzick if he would like to see the city of Denton out of the solid waste business, Bendzick replied not without keeping the for Texas Waste but also for oher process open, not only d not feel it would be a private carriers. He did good move to give any cattier an exclusive franchise. Council Member McAdams asked Mr. Bendzick what his dissatisfaction was with the City service. Bendzick replied irregular times and quality of service. Mary Bendzick spoke against the proposal. She felt that customers would receive the best service with competition, she Stated that with the City service they had no regular basis for j pick-up and problems with the driver. i J I f City of Denton City Council Minutes z October 17, 1989 Page 7 Eddie Hardin stated that he was a previous City of Denton customer with similar experiences as had been stated, He believed that the City of Uenton should stay out of any business that it could not handle and it was not doing that good of job with electricity, water, sewage and police. The City should not add anything else because it could not handle it. Private haulers were more competitive. Monte Miller stated that competition motivated business to do a superior job and that freedom of choice reflected a form of checks ant balances. He felt the proposal would be counterproductive for the business community and expensive ultimately for the consumer. He encouraged the Council to carefully consider any anti-competition ordinance as a precedent as a policy of anti-business for the City of Denton. Gayla Brown presented a letter from Jimmy Brown, a local realtor, who was in opposition to the proposal. The letter stated opposition to the proposal for the following reasons: (1) poor City of Denton service, (2) courteous service from the private hauler, (3) Texas Waste Management had a disposal area which would last more than forty years before filling up as opposed to the City of Denton,s which would fill up in approximately five years, and (4) competition in the solid waste collection service maintained stable rates without large increases and improved service from both the City and 'texas Waste. Bill Holman stated that with his background of commercial finance for refuse and garbage companies, he had dealings with several of the companies named in the report. He stated that the residential rate charged by a private firm with a franchise was lower than the City of Denton, To permit a landfill today, assuming the land could be found, was extremely costly. The liability for a landfill was going to be great with new legislation that was passed. He highly opposed the lack of competition. He suggested advertising properly for a franchise, control the rates, and get out of the solid wa,=e business. It was too costly for the City of Denton to continue. I Mayor Stephens asked how long a contract would be that Mr. Holman was suggesting. Holman replied 5-10 years with fixed rates until the city granted an inctsase, Kenneth Stout, a commercial user with Texas Waste Management, i felt that anytime people dealt with a taxing entity, expenses went sky high and that competition controlled expenses. I J k !yy! i 4 k City of Denton City Council Minutes October 17, 1989 Page 8 Rich Edyvean stated that at first a majority of the C mmittee felt that competition could provide a better service than anything the city could provide. But after examining the existing system that the city had in place that worked reasonably well and realizing that the City had a substantial capital expense invested in the operation, that the City of Denton should be in the solid waste business. Council Member Boyd asked if the city of Denton should be the exclusive hauler. Edyvean replied that in the long run the commercial customers would pay substantially higher rates. The Committee felt that they would pay less rates if the City stayed in the business. If the City stayed in the business, the Committee felt that the City could not meet competitive rates because its rates were on a cost recovery basis. 1 ~ Bonnie Murf stated that competition was the spice of life and was needed. The City of Denton could not handle the solid waste collection. She had called for service on two occasions from the City and was told she would have to wait three weeks for a dumpster. When she called a private hauler, she had a dumpster the same day, Bob Custer, Regional Marketing Director-Texas waste Management, stated that the Management was asking to be able to compete in that market place. It was not asking the City to get out of the business as they welcomed open competition. Why would the City go out of business if it allowed competition in the solid waste department. He stated that pricing was different among the various customers due to different levels of service provided and proximity to landfills. Sue F'ickey stated that she felt threatened by the possible cutting out of a free enterprise market and urged the Council to allow free enterprise to continue. Jeans Morrison, representing the Beautification Committee, stated that the committee supported the recommendation of Solid Waste Alternatives Committee. They had received reports from the Solid Waste Alternatives Committee and from staff. They had investigated complaints with Texas Waste Management and with the City of Denton. She did not think that any Waste Management people lived in Denton and thus their salaries were going somewhere else and that money needed to stay in the City. i , I : I I City of Denton City Coilncil Minutes ' October 17, 1989 Page 9 Ben Percy stated that in his experience a commercial hauler always been best and was in favor of keeping competition, had i Pamela Cagle stated that she was an employee of Texas Waste Management who lived in the City of Denton and knew of at least nine other employees who lived in Denton, She believed in free enterprise and the freedom of choice. Denia El-Rakabawy, a customer of Texas Waste Management, stated that Texas Waste Management continued to pick up the trash at Ridgecrest Apartments even though bills had not been paid for two months after the apartment manager had had a serious car 1 accident. She asked if it were possible that the City wanted all of the solid waste business in order to obtain money to buy j a new landfill, Ann Gillespie relayed information regarding her dealings with Texas Waste Mana,ement, She stated that her costs would be much higher with the City of Denton. Jeannie Vardeman asked if the City would pack up their trash at Colorado Courts Apartments as Texas Waste Kinagement did as they did not have dumpsters but individual cans at each apartment, Bob Dunlap, a recycling hauler, stated that they were concerned 1 that whatever the decision was that it might be made with the exclusion of recycling. They hoped the flexibility would continue to allow recycling. C. C. Sexton, a Texas Waste Management customer, stated that she did not have any problems with service and response. She had not used the City but was not willing to change service unless her rates were lower and was guaranteed at least the same sort of service and response she had been getting. She 1 encouraged more recycling to help save area at the landfill. Bob Hooper stated that he was a former City of Denton customer but dropped the service due to poor service. For a while he took his trash to the landfill himself. He currently was a Texas Waste Management customer and had good service. He felt that city service was better now because of competition. Olen Carlton stated that the City service was poor and the dumpsters were in poor condition. He felt that Texas Waste I i Management provided betteL service. Larry Smith, a business owner, was a former city user and experienced poor service. He had to go out after his business and stated that the City had to go out after business in order f to improve. 1 City of Denton City Council Minutes October 17. 1989 Page 10 The Mayor closed the public hearing. Charlie Watkins, Superintendent of Solid Waste, stated that the survey originally started looking at residential waste. Ile reviewed the survey results from 19 cities relating to times of pick-up, whether trash bags were given, rates, and services provided. He explained the commercial survey results and presented a comparison of rates between Texas Waste Management and the City of Denton. Figures for expenditures for roll-off, front load and side load operations were presented along with the financial impact of those operations. If the commercial division were ended, Watkins stated that there would still have residential service and landfill expenses. A franchise fee would help finance the debt service if that avenue were taken. Watkins presented various overheads from the results of the survey. Council Member Gorton asked if a new disposal facility and a rate increase would be required for the residential customers just to cover debt service if the City were no longer in the commercial service. Watkins replied yes if the private hauler were directed to haul to the City facility. The calculation was how much money was needed divided by the volume coming into the disposal facility. The landfill fee would be raised to get revenue from j the private hauler and also raise the residential fee so that they paid their share of the waste they were contributing to the landfill. a Council Member Gorton asked if under that scenario, could the debt service on the current landfill be retired with the current rates. i Watkins replied that that would be their estimate based on the value of the system. If the system were sold, they could probably get enough money for it to retire the debt on the existing facility when it closed in approximately five years. If the operation were sold and the hauler were directed to not take the waste to the Denton landfill, there would be ten to twelve years additional life from now. That however, would result in an increase for residential customers of approximately $3.00. From a financial standpoint, long term expenses for everyone whether commercial or residential, acquiring all the services would be best. Lloyd Harrell, City Manager, stated that staff felt that the long range benefit of the citizens of the community both ' residential and commercial was that the current situation was one that the city could least afford to continue over the long haul. That situation was providing exclusive residential service and competing in the commercial area with several other I J } i I city of Denton City Council Minutes October 17, 1969 Page 11 commercial haulers. Staff felt that a more viable system would be either for the City to take over the commercial business as recommended by the Committee or the City to get out of the business and leave it to the private haulers with some type of franchise arrangement. Reasons being in the current situation, the City was not competing on the same level with the private haulers. The City was competing with much larger companies which could offset revenues from Denton with revenues from other communities. If the City continued in the same framework, one of two things might happen. Either the burden would have to be shifted to the residential solid waste customer to finance the commercial operation on a competitive basis or if commercial had to pay its own way, it would result in higher rates and customers would go elsewhere. For the long range good of the City, some kind of change needed to be made from j the status quo either to move the City out of the commercial business or have the City assume that service. Council Member Boyd stated that currently the city rates were the lowest in the area and if the City were not in the business, what would happen to the commercial rates. Harrell replied that the Solid Waste Alternatives Committee felt the City should assume exclusive provision of the service because if the City left the rates would increase substantially. i After discussion by the Council centering on the debt retirement, recycling and the cost of landfills, Mayor Stephens suggested a work session in the near future to further study the problem and receive answers to the questions raised during the public hearing. Consensus of the Council was to schedule the item for a study session in the near future. 4. Consent Agenda Gorton motioned, McAdams seconded to approve the Consent Agenda as presented. Motion carried unanimously. A. Bids and Purchase Orders: 1. Bid #1014 - Janitorial Service 2. Bid #1019 - Playground Equipment 1 {{i I i i 5 i i City of Denton city council minutes October 17, 1989 Page 12 5. ordinances A. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of materials, equipment, supplies or services. The following ordinance was considered: NO. 89-141 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF IMPROVEMENTS; PROVIDING FURT THE F EXPENDITURE WOFNXF'UNDS lr~ N THEREFOR: AND PROVIDING FOR AN EFFECTIVE DATE. I j McAdams motioned, Gorton seconded to adopt the ordinance. on I ~ toll vote, McAdams Faye," Alexander Faye," Gorton "aye," Ayer °aye,° Boyd 'lays," and Mayor Stephens "dye." Motion carried unanimously. B. The Council considered adoption of an ordinance of the City of Denton amending Chapter 13 1/2 (Mechanical Code) Ordinances of Mechanical the C Denton. adopting deletions, and additions. (The Plumbing and Mechanical Code Board recommended approval). The following ordinance was considered: NO.89-142 AN ORDINANCE OF THE CITY OF DENTON AMENDING CHAPTER 13 1/2 (MECHANICAL CODE) OF' THE CODE OF' ORDINANCES OF THE S: ING THE 5 UNIFORM CITY OF MECHANICALUECODE, WITHA CERTA NYT AMENDM NTS198DELETIONS, i AND ADDITIONS THERETO; PROVIDING FOR A SEVEkABILITY HUNDRED USDOLLARS IDPROVIDING PENALTY NOT AN TO EXCEED FIVE REVEALING EFFECTIVE DATE. Council Member McAdams questioned why the 1985 code was just now being adopted and when the Council could expect the 1988 code to be presented. Why was it taking so long to review and recommend adoption of these codes. i Rick Svehla, Deputy city manager, stated that the Board was responsibility to review very meticulous the plumbing also had the corle leeues, and r -s v 1 S ' i City of Denton City Council Minutes October 17, 1989 Page 13 McAdams motioned, Gorton seconded to adopt the ordinance. On 'Paye voBo'd McAams "aye,' Alexander "aye," Gorton "aye," Ayer { unanimously, "aye," and Mayor Stephens I-aye.,- Motion carried C. The Council considered adoption of an ordinance of the City of Denton, Texas, prohibiting the pking of vehicles on the south side of Cordell Street betweenarCrescent and Fulton Streets, (The Citizens Traffic Safety Support committee recommended approval). Rick Svehla, Deputy City Manager, stated that this was a request of the neighborhood. Staff recommended that parking be removed on the south side, There was concern about the narrowness of the street and parking on both sides of the street resulting in hazardous driving conditions, Council Member Boyd pointed out that minutes from the Safety Commission recommended prohibiting the parking from 7:00 a,m, and the ordinance stated 8:00 a,m, as did the Council back- up. Council Member McAdams pointed out that prohibited during the week even though the highs sch ool lmight y not be in session as during national holidays. If a holiday fell during the week, the churches in the area could not park I on the street. She suggested allowin i 1 9 parking during holidays. Alexander motioned, Gorton seconded to until the first meeting in November, postpone the ordinance 1 On roll vote, McAdams ::aye," Alexander "aye," Gorton "aye." Ayer "aye," Boyd aye, and Mayor Stephens "aye." Motion carried unanimously, D. The Council considered adoption of an ordinance designating and establishing speed zones on Woodrow Lane from McKinney Street to a point 100 feet north of spencer Road, The following ordinance was considered: NO. 89-143 AN ORDINANCE DESIGNATING AND ESTABLISH j ON WOODROW LANE FROM MCKINNEY ST'REETTOG A PPP NT 0100 FEET NORTH OF SPENCER ROAD; PROVIDING FOR A PENALTY OF A FINE NOT EXCEEDING TWO HUNDRED DOLLARS (;200,00); PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. I 1 I City of Denton City Council Minutes October 17, 19B9 Page 14 McAdams motioned, Alexander seconded to adopt the ordinance. On roll vote, McAdams "aye." Alexander "aye," Gorton "aye," Ayer "aye." Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. E. The Council considered adoption of an ordinance Life awarding to nproide health insurance coverage for Insurance contract employees and dependents. Council Member Gorton left the meeting with a potential J conflict of interest. Mayor Stephens stated that he had received a phone call from a pharmacist in town regarding the prescription benefits with the Sanus program. The pharmacist was associated with five other pharmacists and they felt that New York Life had not been they samee contract that proposition w was extended was not the that local cooperative pharmacists them to Eckard's. They felt that New York Life was wanting to limit the pharmaceutical services offered to the City of Denton employees. Tom Klinck, Director of Personnel, stated that the issue of prescription drugs had been studied by the Employee Insurance Committee and they chose not to include it in the HMO coverage. The reason was that the additional cost of the premium on would have he family dried coverage. on the employee coverage and l Lloyd Harrell, City Manager, stated that when staff found out that there was some concern being expressed on the pact of some pharmacies in the area about participation in the Sanus/Sanus Plus program, Klinck was asked to arrange a meeting between the pharmacist and the Sanus representatives to talk about that concern and to talk about the possibility of bringing other I companies and other firms into the relationship with Sanus. Klinck stated that staff had met with Sill Neu and James Garner who had been inquiring about the program. The two proposals were discussed and the various rate increases that would have affected employees. A Sanus representative talked through the Sanus program, what the discount was, what the various kinds of j criteria were that Sanus had established internally in order to enter into an agreement. One of those was a certain discount, criteria computerized thatlifnanaindividualo had that i certain nature. cOnebofitth for drive over 20 minutes to a pharmacy, an additional pharmacy would be considered for access. Because there were two Eckerd's in Denton, there was not that problem. In a good faith effort, Sanus stated they would add one independent pharmacy and when there were 20,000 additional members from other firms locally, S + I w City of Denton city council Minutes October 17, 1989 Page 15 another independent pharmacy would be added. Klinck felt that the pharmacists had left with the feeling that the Sanus program would not be cost beneficial to them personally in their ability to operate their business because they could not generate the business that an Eckard's could. Mayor Stephens asked how that one independent pharmacy would be picked. Klinck replied that he assumed it would be if the independent would be willing to follow the Sanus agreement. Mayor Stephens asked why just one independent. Why not anyone , who was willing to follow the Sanus criteria. Mayor Pro Tem Ayer expressed concerns regarding the number and distribution of the doctors and the very limited access to a pharmacy. He had talked to some of the pharmacists in the I group of 5 independent pharmacists who had been serving the needs of the City for a number of years. They were willing to accept a contract as a group. They had a single billing agency. He felt it was strange that something could not be worked out that would be beneficial to the local business people and also very beneficial to the city employees. To expect them to all use on- pharmacy was unreasonable. Council Member McAdams had spoken to two other pharmacists and E central to what they were saying was the fact that while Sanus stated that they could take on one pharmacy, they were in effect, one pharmacy in the way they bill and in the way they were paid. Newspaper accounts two - three weeks ago stated that Eckard's was refusing to accept Blue Cross-Blue Shield coverage because the reimbursement on the prescriptions was too low. She was told that the proposal that was made to the independent pharmacists was the same that allegedly Blue i Cross-Blue Shield had. She too felt that it was a little strange that if Eckard's was not going to accept that kind of reimbursement for Blue Cross-Blue Shield, why were they going to do it in this particular instance. Council Member Boyd stated that he had been told by one of the pharmacists that the reason for the discrepancy was that the + same deal was not offered to the independents as was offered to If Eckard's. The deal offered the independents, if he remembered correctly, was that they would be reimbursed 851 of the actual cost of the drugs plus $1.85, Whereas Eckard's was being offered 85% plus approximately $3.00. He stated that there might be a justification why the difference, but it did raise a j question, He also felt that the number of doctors was extromely limited. He wondered if the situation could arise where employees had such a narrow range of doctors if they did not take the Sanus Plus, that they were, in effect, being offered no coverage. 1 I 3 ~Y a City of Denton City Council Minutes October 17, 1989 Page 16 Council Member Alexander stated that he would like to hear from the Sanus representatives an assurance, a stronger assurance than what was heard a couple of weeks ago, about clear expectations to bring other doctors on line into the program, He needed to hear that kind of information before he could be comfortable voting for the particular program, Klinck replied that as of the meeting, there were a total of nine doctors in the Denton/Lewisville/Sanger area, Council Member McAdams asked who the doctors were and if they were in Denton all week because she had been told that one of the doctors only comes in a certain number of days each week. i ~ Klinck stated that Dr. Norris in Lewisville was an M.D., an internal medicine doctor which would be open around the first of November. Dr. Cudd, a D.O. in Denton, was a family practice doctor; Dr. Lemmons, was an M.U. in Danton, Dr. Cummings was an M.D. in Denton; Dr. Jackson in Lewisville etas an M.D.; Dr. Ball 'slee was an OB/OYN M.D. In Denton; Vr. Bi:tle in Sanger was an M.D.; Ur. Ranpolee was a family practice M.D. In Denton; and Dr. Yankee was an M.D. in pediatrics, in addition, there was 1 an extensive network of very specific doctors for special needs i in the Dallas/sort Worth area. Council Member McAdams asked if of the people named, were all of them in Denton on a regular basis, every day of the week or were some of them here some times and other places other times. Klinck replied that he did not have that information but someone was there who could answer that question. He stated that the Coopers & Lybrand consultant had stated that a family practice doctor used by people only on the HMO, could handle 1500 patients a year and the program had three-four family practice doctors in the Denton area for the employees. Klinck stated that the prescription drug program had worked very well this last year and money had been saved with that program. But when looking at the total scope of the claim dollars being spent, the 4% that the prescription benefit presented was not too significant. Ken DiBella, Sanus, stated the prices quoted to the independent pharmacists were the prices that Eckard's currently had contracted with them. Mayor Pro Tem Ayer asked what the prices were. i x $p; f i f city of Denton city council minutes October 17, 1989 Page 17 DiBella replied 855: of the wholesale price plus $1.85 per prescription minus the co-pay. Managed care organizations operated on doing certain of their items on a volume basis. The people from Tom Thumb, Town and Country and Eckard's had chosen to do business with Sanus because they believed at those investment levels, they could make money. ",anus had extended to the local pharmacists as a show of good faith, to open one physical plant location and that was because Sanus did have agreements with Eckard's, Tom 't'humb and Town and Country. Sanus would not want to extend too far beyond what the membership capacity was in any given geographical area. In Denton, there were not a tremendous amount of members so that the amount that Eckard's could reap as profit margin in this area was not relative to other areas where there was a large membership. Independent pharmacies were considered as the membership increased, Council Member Alexander asked for a ratio of new patients before the number of pharmacies could be increased. DiBella stated that for every 20,000 members one additional pharmacy could be added. One additional pharmacy was offered now, one physical plant location, and then for every 20,000 members gained, another physical plant would be added. Council Member McAdams asked if he was aware that Eckard's had dropped the blue Ccoss-Blue Shield and how that contract compared to the contract they were doing for Sanus. DiBella replied that he did not know the exact prices on the blue Cross-Blue Shield but he suggested that Eckard's might have wanted to drop Blue Ccoss-Blue Shield and not Sanus because blue Cross-Blue Shield did not encourage their members into Eckard's or into any other pharmacy. If Eckard's felt that they were not getting enough volume of business at those levels from Blue Cross-Blue Shield membership, it may not be financially feasible for them to accept those levels. Whereas, all of the city people would be going to an Eckard's, Tom Thumb or Town and Country. Mayor Stephens asked how Sanus would select another pharmacy after another 20,000 members were added. Would the group of 5 ± i pharmacistswith ne billing process be considered as one additional pharmacy. DiBella replied that it would have to be physical plant locations. They could not combine the five because that would be five different plant locations and then the amount of volume that any one of them could get would be diluted. Mayor Stephens asked what if it were extended to them and they had the opportunity to sign such a contract. 1 1 i LM a , City of Denton City Council Minutes October 17, 1989 Page 18 DiBella replied that he could not speak as to whether they would offer that. Mayor Stephens stated that they could let it be their decision not Sanus whether they could make money or not. DiBella replied that Sanus had contractual obligations to Eckard'v that could prevent Sanus from allowing it to be the pharmacists decision. Eckard's might say that Sanus had agreed that there would be so many members per plant location so that they could make a dollar on the agreement. If Sanus went beyond that, Eckard's might have some concern about that. Lloyd Harrell, City Manager, stated that from staff standpoint it would benefit employees if additional doctors and pharmacists could be signed up for the program. He assured Council that as they talked to all of the employee representatives, they were very upfront with the employees explaining the various benefits on the various alternatives. if the employees felt that it was in their best interest to go the Sanus/Sanus Plus, that there were the doctors that were signed up and firmly committed from the City of Denton and there were the pharmacies that would be available under Sanus Plus. Some inconvenience would be experienced for the lower price in i coverage. Mayor Pro Tem Ayer stated that Council had been told that all of the employees had been informed about the plan and had been Ili polled and they had by a significant majority, endorsed the proposed plan. He asked how the employees were polled. Klinck replied that there were 25 two hour meetings with approximately 92% of the work force. After that and throughout the process, in meeting with the Employee insurance Committee, those Committee members would go back and actually talk with and take materials back and talk with employees in their areas. In addition to that, a memorandum was prepared to all City employees that outlined the two alternatives under I consideration. Mayor Pro Tem Ayer stated that it was his impression that at some point, all of the employees were asked to fill out some kind of a form saying yes or no or rating the program. Klinck stated that they completed a survey on what they felt their needs were. d Mayor Pro Tem Ayer replied that it was not a poll. 4 ~ I I 1 Flow s k 1 a k, city of Denton city council minutes October 17, 1989 Page 19 Klinck stated that it was an informal poll where the representatives went back and talked with the various groups and in some cases. they may have passed around a form to the various divisions to let them check off yes or no on whatever plan they wanted. Mayor Pro Tem Ayer stated that he had misunderstood that there had been a formal poll so that staff could tell him how many employees had voted for the different plans. City Manager Harrell stated that the Committee had spent many hours looking at the issues and they were given the charge to go back to their work unit and make sure it was fully discussed and get a feeling from the work unit. Some groups did go to the point of actually passing some things out and taking survey counts. j Mayor Pro Tem Ayer stated that he was hearing a bit of a contradiction because he thought the Council had been told that these people had been thoroughly educated on the plans, f E city manger Harrell replied that the fourteen members cn the Employee Insurance committee had been thoroughly educated on 1 f the iris and outs of the programs and the various aspects. Mayor Pro Tem Ayer stated that he was frustrated on the whole matter of health care in general and specifically in the City of Denton given such facts as certain corporate organizations had driven our Public hospital out of business and HMO's had come, failed and gone. He felt that the whole system of health care was in a shambles and was in a terrible condition and hoped that it was in a state of flux and would eventually work itself out, A large percentage of our people could not afford health care and could not afford insurance to provide it. 1 i Klinck stated that he agreed and felt that the Sanus programs addressed that specific issue. If the employee chose the HMO. and they would communicate up front that there would be some inconvenience with respect to an HMO only, that they could take home more money and could now cover family members that they previously had dropped. I Council Member McAdams stated that a real tragedy was that the City had a relatively good program for the employees and she 1 feared that what they were offering them now was an awful lot less than what they were meant to believe it was on the surface. She was troubled that she did not know any of the doctors on the list. She was further concerned that in the information that the Council had been given about what was available, the number of doctors and so on, that that was clearly misleading. Because there was a suggestion that there were a number of people who were not in fact under contract to I 1 i i i i r r City of Denton City Council Minutes October 17. 1989 Page 20 Sanus at the time what the number of doctors was. The program may be the very best that the city could do in the financial constraints that it had right now and given that something needed to be put in place, but it seemed clear to her that the City needed to look further for ways to provide for employees. The prescription package was not good. She would like to look at some kind of a program that would keep the current prescription program. She did not feel confident and good about the program presented. The following ordinance was considered: NO. 89-144 AN ORDINANCE ACCEPTING THE PROPOSAL OF SANUS TEXAS HEALTH PLAN, INC. FOR MEDICAL INSURANCE COVERAGE FOR CITY EMPLOYEES: AUTHORIZING THE EXPENDITURE OF' FUNDS THEREFORE: AND DECLARING AN EFFECTIVE DATE. Alexander motioned to adopt the ordinance, McAdams seconded but only because the City desperately needed a program but asked the staff to during the course of the year, ba looking carefully for a different alternative because she did not feel this was an acceptable one. On roll vote, McAdams "aye," Alexander "aye," Gorton "aye." Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. Council Member Gorton returned to the meeting. F. The Council considered adoption of an ordinance awarding a contract to August International, Inc. to provide claims processing services for "run-off" claims of City's self-insurance fund. Tam Klinck stated that this would take care of the final disposition of the City insurance for claims on or before November 30 when the new program went into effect. This would allow for a smooth transition to end the current insurance fund. The following ordinance was considered: NO. 89-145 AN ORDINANCE ACCEPTING THE PROPOSAL OF AUGUST INTERNATIONAL CORPORATION TO PROVIDE THIRD PARTY ADMINISTRATIVE SERVICES FOR THE: CITY'S EMPLOYEE HEALTH INSURANCE PROGRAM; AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR SAID SERVICES; AUTHORIZING THE 1 EXPENDITURE OF FUNDS THEREFORE: AND PROVIDING AN ! EFFECTIVE DATE. I I f{ J I 1 T-W a F x a, City of Denton City Council Minutes October 17, 1989 Page 21 McAdams motioned, Ayer seconded to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Gorton "nay," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried with a 5-1 vote. G. The Council considered adoption of an ordinance approving a funding agreement between the City of Denton and Fred Moore Child Care Center. The following ordinance was considered: NO. 89-146 AN ORDINANCE APPROVING A FUNDING AGREEMENT BETWEEN THE CITY OF DENTON ANU FRED MOORE CHILD CARE CENTER; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT, APPROVING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motioned, Alexander seconded to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Gorton "aye." Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. i i 6. Resolutions A. The Council considered approval of a resolution authorizing the city manager to execute an agreement between j i the City of Denton and the State of Texas for the blanket coverage of various projects relating to the installation and maintenance of certain highway traffic illumination systems. The following ordinance was considered: RESOLUTION NO. R89-070 i 1 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE STATE OF TEXAS FOR THE BLANKET COVERAGE OF VARIOUS PROJECTS RELATING TO THE INSTALLATION AND MAINTENANCE OF CERTAIN HIGHWAY TRAFFIC ILLUMINATION SYSTEMS AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motioned, Ayer seconded to approve the resolution. on } roll vote, McAdams "aye," Alexander ,aye," Gorton "aye," Ayer I "aye," Boyd "aye," and Mayor Stephens "aye." Motion cac.ied unanimously. The Council then returned to Item #5 from the Work Session. 5. The Council held a discussion concerning a request from the City of Argyle for sanitary sewer service. I 1 I~ J i a City of Denton city council minutes October 17, 1999 f Page 22 Bob Nelson, Executive Director for utilities. stated that it was staff's recommendation that Argyle contract for such sewer service via the Upper Trinity Regional Water District. Denton would still transport and treat Argyle's wastewater, but via a contract with the UTRWD. Consensus of the Council was to proceed with staff recommendation. 7. Miscellaneous matters from the City Manager Lloyd Harrell, City Manager, presented the following items: A. The September budget recap was presented in the backup material. 8. There was no Executive Session held during the Work Session. 9. New Business The following items of new business were suggested by Council Members for future agendas: A. Council Member Boyd requested a study be done on {I what the City would have to do to have bike lanes in the City, where they could be located now and where they could be done Inexpensively in the future. 10. The Council did not meet in Executive Session during the Regular Session. With no further business, the meeting was adjourned. i I - RAY STEPHENS, MAYOR CITY OF DENTON, TEXAS i JENNIFER WALTERS CITY SECRETARY M 1' CITY OF DENTON, TEXAS I 3199C T-W f ~ j 9 ~ r r CITY OF DENTON CITY COUNCIL MINUTES OCTOBER 24, 1989 The Council convened into the Work Session at 5:30 p.m. in the Civil Defense Room. PRESENT: Mayor Stephens: Mayor Pro Tem Ayer: Council Members Alexander, Boyd, Gorton, and McAdams. ABSENT: Council Member Hopkins 1. The Council received a report concerning SPAN's plans for delivering transportation services in the City of Denton. Roger Nelson, Administrative Assistant, stated that SPAN was developing a fixed route-fixed schedule transportation schedule for the City of Denton. The three preliminary routes would be serviced by trollies. Route N1 would serve the central business district, the universities and some apartment areas with a start date of November 16, 1989. Route 02 would serve areas in southeast Denton, the hospitals, the Square and the mall with a start date of January 15, 1990. Route 03 would serve the universities, utility offices, the Square with no definite start date as governmnt yet de ete offices and rmned. The routes were flexible and with the addition of ewitrollies, might be changed. The proposed routes might not serve all parts of the community at that time but would be useful to many Denton citizens. Roberta Donsbach, SPAN, reviewed the background of the acquisition of the trollies. She stated that SPAN had received r the support of the Central Business District which would help J in raising money for the purchase of the trollies. The trollies would be operating 5 days a week with possible expansion as the program continued. Route 01 and #2 would operate 9:00 a.m. - 6:00 p.m. with one later night pssible. When all three routes were on-line, the hours might beochanged to 7:00 a.m. - 6:00 p.m, 2. The Council received a report on the comprehensive study and ce-evaluation of the City of Denton's Compensation/ ~ Classification Program by Mercer Meidinger Hansen and discussed Council's direction on setting compensation policy. Tom Klinck, Director of Personnel, stated that Mercer Meidinger Hansen was in the process of studying the City's classification/compensation program. He f background of the study. Phase I included reviewed the job anlysis a job description review. Phase II included ma rket aanalysisd and j salary structure review, Phase III included permance management/program design and Phase IV included finaclforeport and program implementation. The overall project would be i 1 f Ii i i i i ~ j ~ l ' ( I 1 I ! f ` I rJ ~I / ~ ~ ~ ~ li ~l 1 f { Y i City of Denton City Council Minutes October 24, 1989 Page 2 completed in the spring of 1990. Thus far, the project had included meeting with executives, directors and division managers to solicit their employee pay suggestions and philosophy as well as designing a position questionnaire. Pre-testing the position questionnaire with forty-five employees of varying levels within the organization had been done and also collection of information on the current salary surveys, pay structures, pay plans and performance evaluation system. Tom Riley, Mercer Meidinger Hansen, stated that the firm would like to provide the opportunity for as many people as possible to express opinions regarding their jobs. They had met with the management team regarding the current program and what the team would like to see in the future. They were requesting Council philosophy in the areas of competitiveness, internal equity and objectivity, how pay should relate to performance and perceptions of the best methods to evaluate performance. He asked Council for their impressions of merit pay. Mayor Pro Tem Ayer stated that he was in favor of merit pay but that. It was very difficult to evaluate. It had to be accurately measured and in a way that employees would understand. Council Member McAdams stated that merit pay had to be not too subjective. if there were some objectivity, it might come close to being fair. ` Council Member Boyd was concerned about some jobs being misclassified. Some might be intentionally misclassified in order to keep them in the budget and some part-time jobs were really not part-time thus preventing the employee from receiving full benefits. j Council Member Gorton felt managers needed to be trained properly for the proper format of increases. Department supervisors must justify merit increases or no merit increases. Britten comments were needed, not just the checking off of items. Council Member Alexander stated that the City needed to plan ahead to train managers at each level to implement a merit system at each level of City government. It must be objective and must be justified in written form. He felt it was important that the merits be rewarded and to make sure that employees got increases. ill i i Y J~ P 7 t t 1 r 4 I City of Denton City Council Minutes October 24, 1989 Page 3 Council Member McAdams stated that the merit pay must be reachable. Incentives must be in place that the employee could reach. There needed to be a range of merit pay, not an all or none situation. Council Member Alexander also felt that caps needed to be taken off salary ranges. There would be more flexibility for merit pay if there were no caps and employees would not reach the top of the range too soon. 1 Mayor Pro Tem Ayer stated that merit pay was full of pitfalls. `I An example would be if a department head were given a lump sum of money for merit Increases, he might divide the money equally among his employees which would defeat the merit system. The question was how to get to the base pay on real merit. If everyone were on a merit system, there would come a time when inequities would get in the pay scale. Small across the board increases were needed for cost of living, etc. I I Mayor Stephens asked the Mercer Meidinger Hansen people to take a look at the pay parity between the branches of public safety. He stated that there were some jobs in the City that did not require certain skills or education but that were needed. He wanted those jobs looked at for possible incentives N for employees to remain in those jobs. He was also concerned about supervisors who had remained on the job so long that they no longer received increases while those employees he was supervising were still receiving increases and may in fact earn more money than the supervisor. Council Member McAdams suggested looking into those positions that lend themselves to sharing employees. Part-time work for two people rather than one full time employee Debra Drayovitch, City Attorney, stated that uniform standards should be applied throughout the City to reduce the potential claims against the City. 3. The Council did not meet in Executive Session during the Work Session. The Council then convened into the Special Called Session at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Stephens: Mayor Pro Tem Ayer; Council Members Alexander, Boyd, Gorton, and McAdams. ABSENT: Council Member Hopkins I J _ k t r L e City of Penton City Council Minutes October 24, 1989 Page 4 1. The Council received and opened bids regarding the City of Denton E20,0o0,000, Series 1984, Revenue Bonds. David Medanich, First Southwest Company, stated that there were 7 bids received for with the the revenue bonds. e He presented the bids effective i nterest rate: Me Lynch. 7.1364; rrill 7.072961 Securities, Inc., 7.0960; Rauscher, Pierce and Refnes, 7.Ma[07ke2t9s6,8; 7,06188an Sachs, 7.2743; Marine Midland and Merit, 7.1687, ' Kemper Financiat, 7.1099; and Van Kamp Capital lie and i ds stated that he would retire and validity of the bi check the 2• The Council received and opened bids Denton E1 regarding the city of ,550,000, Series 1989-A, Certificates of Obligation. David Medanich stated that seven bide had also been received for the certificates of obligation, The following bids received with their effective interest rate: 6.735201; Merrill Lynch, 7.1308: First Southwest Bank One, Compa . Eppler, Guerin and Turner, 6.774515; Kemper Financial Companies, 7.0077; NCNB, 6.90703; and Rauscher, Refnes, 6.854611. He stated that they would retire Pierce the bide for accuracy. er a and check f Mayor Stephens asked Medanich to from the rating companies. detail to Council the ratings Medanich replied that the General Obligation ratin g was AA from BondsSthedratingd as Ae+afndromanSAltandfarom a the Revenue anddpoors and Moody's. T.e response received from the rating regarding the [stings ware A from compaes Texas. Moody~s had not due to the economic condition iof two, given any increases in the last year or John Mcdrane, Executive Director for Finance was not a downgrade and was stated that that M Obligation standpoint. an upgrade from the General 3, The Council held a ordinance ado tin public hearing and considered an 1 acres of. landp that wase cu=c~dnt Plan for approximately 2,117 This was a petition by Bill DebecryZwithinlpDnS. Development. !Planning and Zoning Commission recommended a (Z-89-O15) pproval.) i I I I I City of Denton City Council Meeting October 24, 1989 Page 5 The Mayor opened the public hearing. Bill Deberry requested approval of the detailed plan. He felt the development would enhance the area by the landscaping he would be putting in. He would be planting a greenway wall between Emery Street to the back of his property. He had donated a 10, easement for future underground utilities on the southwest corner of the property so there would be no greenery there. Traffic problems would be at a minimum as he would have people directing traffic before any funeral and two police officers would direct traffic after any funeral. Also the funerals were scheduled during non-rush hours. r No one spoke in opposition. j The Mayor closed the public hearing. { Owen Yost, Urban Planner, stated that the proposal adhered to the Subdivision Regulations, the landscaping exceeded the requirements from the landscaping ordinance,and no additional 1 intensity trips were expected. The Landscape Volume Index was proposed at 12.35% while prior to any development the LVI was 1 less than 1%. The Planning and Zoning Commission recommended approval. J The following ordinance was considered: aJ i I NO. 89-147 . I J AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING I FOR THE APPROVAL OF A PLANNED DEVELOPMENT DETAILED PLAN FOR 2.116 ACRES OF LAND LOCATED IMMEDIATELY SOUTH OF UNIVERSITY DRIVE, BETWEEN BONNIE BRAE AND ECTOR I ROADS; PROVIDING FOR A PENALTY IN THE MAXIMUM OF 1 $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Gorton motioned, Ayer seconded to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye.Motion carried unanimously. 4. Ordinances A. The Council considered adoption of an ordinance authorizing the issuance, sale, and dolivery of City of Denton Utility System Revenue Bonds, Series 1989, and approving and authorizing instruments and procedures relating thereto. J r low f City of Denton City Council Minutes October 24. 1989 Page 6 David Medanich. First Southwest Company, stated that the bids had been verified and recommended Council accept the bid from Marine Midland Capital Markets. Paul Horton, McCall Parkhurst and Horton, stated that as the City's bond attorney he verified the bid and recommended t passage of the ordinance. The following ordinance was considered: NO. 89-148 AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF CITY OF DENTON UTILITY SYSTEM REVENUE BONDS, SERIES 1969, AND APPROVING AND AUTHORIZING f INSTRUMENTS AND PROCEDURES RELATING THERETO. Alexander motioned, Ayer seconded to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. B. The Council considered adoption of an ordinance authorizing the issuance, sale, and delivery of City of Denton Certificates of Obligation, Series 1989-A, and approving and authorizing instruments and procedures relating thereto. David Medanich, First Southwest Company, stated that he had ' checked the bids for accuracy and recommended the bid from Bank One. Paul Horton, McCall, Parkhurst and Horton, verified the bid and recommended passage of the ordinance. The following ordinance was considered: NO. 89-149 AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF CITY OF DENTON CERTIFICATES OF OBLIGATION, SERIES 1989-A, AND APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES RELATING THERETO. McAdams motioned, Gorton seconded to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Gorton "aye," Ayer "aye," Boyd "aye,'- and Mayor Stephens "aye." Motion carried unanimously. I ~ I City of Denton city council minutes October 14, 1989 Page 7 5• Miscellaneous matters from the City Manager, Lloyd Harrell, City Manager, presented the following item: mailed. A. All of the City of Denton tax otatements had been 6. There was no Executive Session held during the Work Session. 7. New Business Council Members did not have any items of new business for future agendas. a. The Council then convened into Executive Session to discuss legal matters (considered action in Denton County vs City and In Re: Flow, in Ferry vs. City et al. and considered settlement in Bowling Va. City), real estate, and personnel/board appointments (continued annual performance evaluation of the Municipal Judge, City Attorney and City + Manager and considered appointments to the Animal Shelter Advisory Committee, Building Code Board, and NCT000 Regional Transportation Council. No official action was taker. Council Member McAdams left the meeting at 10:07 p.m. With no further business, the meeting was adjourned at 10:37 P.M. M RAY STEPHENS, MAYOR CITY OF DENTON, TEXAS i i JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS 3147C i 1 1 I r low some I 1 ' I i I i i ~ I - Ifi+if !I Mimi I s DATE: 12/05/89 fi CITY COUNCIL REPORT FORMAT 7'e fTO: Mayor and Members of the City Council FROMI Lloyd V. Harrell, City Manager SUBJECT: Z-89-016. THE ADOPTION OF AN ORDINANCE CHANGING THE ZONING FROM GENERAL RETAIL (GR) AND MULTI-FAMILY-ONE (MF-1) OR SINGLE-FAMILY SEVEN (SF-7) TO LIGHT INDUSTRIAL (LI) SOUTH OF EASE MCKINNEY AND WEST OF WOODROW LANE. RECOMMENDATIONt The Planning and Zoning Commission recommended approval at their meeting of October 25, 1989 (4-0). SUMMARYs The City Council at that their meeting of November 70 1989 tabled action on this request and instructed staff to prepare an ordinance with a reduction in acreage. Attached is an ordinance for 7.7536 acres which includes the existing Jail and Law Enforcement facility, the access from McKinney Street and the proposed radio tower. BACKGROUND: See Attached Report PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: LANDOWNER FISCAL IMPACTS N/A f Respe ull.y submitted: i V Prepared byt LI d V. Harrell City Manager Ld~ Eliza Evans l Plann ng Administrator Approveds Frank .'H. AICP 1 Executive Director Planning and Development 2017x I NO. AN ORDINANCE OF THE CITY OF DENTON# TEXAS, PROVIDING FOR A CHANGE FROM MULTI-FAMILY (MF-1) AND GENERAL RETAIL (GR) OR SINGLE FAMILY SEVEN (SF-7) TO LIGHT INDUSTRIAL (LI) ZONING DISTRICT CLASSIFICA- TION AND USE DESIGNATION FOR 7.7536 ACRES OF LAND, LOCATED ON WOODROW LANE APPROXIMATELY 305 FEET SOUTH OF MCKINNEY STREET, AS PENALTY IN THE MORE AMOUNT OF $25000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Denton County has applied for a change in zoning for I 7.7536 acres of land from multi-family ami (Mindustnd general zretail oning (GR) or single family (SF-7) light district classification and use designation; and j WHEREAS, on October 25, 1989, the Planning and Zoning commission recommended approval of the requested change in zoning; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the zoning district classification and use designation of the 7.7536 acres of land described in Exhibit "A", attached hereto and incorporated herein by reference, is hereby changed from multi-family (MF-1) and general retail (GR) or single family (SF-7) to light industrial (LI) zoning district classifica- tion and use designation under the comprehensive zoning ordinance of the City of Denton, Texas. ~RCT=ON II. That the Zoning Map 169f t City of Denton, the Texas, adopted the 14th day of Jan.ary, , an Appendix to 1 Code of Ordinances of the City of Denton, Texas, under Ordinance No. 69-1, as zoning district nclassification further heamended to show the rein approved for he change property 4 herein described. MdjQN IIi. That the City Council of the City of Denton, Texas, hereby finds that such change is in accordance with a comprehensive plan for the purpose of promoting the general welfare of the City of Denton, Texas, and with reasonable consideration, 1 Z-89-016/Page 1 among other things for the character of the district and for its peculiar suitability for particular uses, and with a view to conserving the value of the buildings, protecting human lives, and encouraging the most appropriate uses of land for the maximum benefit to the City of Denton, Texas, and its citizenE. SECTION IV. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION V. That this ordinance shall become effective ° 1 fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 1989. j RAY STEPHENS, MAYOR l F 4 ATTEST: JENNIFER WALTERS, CITY SECRETARY j BY: _ APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY ' BY: 289016-2 t-V9-016/Page 2 I V y1~ EXHIBIT "A" LEGAL DESCRIPTION 1 FIELD NOTES TO -7.7536 ACRES OUT OF THE J. BROCK SURVEY, ABSTRACT 55, CITY AND COUNTY OF DENTON, TEXAS. ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED ' IN THE J. BROCK SURVEY, ABSTRACT 55, CITY AND COUNTY OF DENTON, TEXAS, BEING PART OF LOT 1C-2 OF ADKISSON ADDITION, AN ADDITION TO THE CITY AND COUNTY OF DENTON, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET D, PAGE 1871 PLAT RECORDS OF DENTON COUNTY, TEXAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; ] BEGINNING AT THE EAST NORTHEAST CORNER OF SAID LOT 1C-2 ON THE j WEST RIGHT-OF-WAY OF WOODROW LANEI 1 1 THENCE SOUTH 02 DEGREES 10 MINUTES 43 SECONDS WEST WITH THE EAST LINE OF LOT 1C-2 AND THE WEST RIGHT-OF-WAY OF WOODROW LANE A DISTANCE OF 489.86 FEET TO A CORNER; THENCE NORTH 87 DEGREES 05 MINUTES 45 SECONDS WEST A DISTANCE OF 462.69 FEET TO A CORNER; r THENCE SOUTH 02 DEGREES 50 MINUTES 15 SECONDS WEST A DISTANCE CP E I 50.0 FEET TO A CORNER THENCE NORTH 87 DEGREES 09 MINUTES 45 SECONDS WEST A DISTANCE OF I 150.0 FEET TO A CORNER ON THE WEST LINE OF LOT 1C-2; THENCE NORTH 01 DEGREES 39 MINUTES 00 SECONDS EAST WITH THE WEST J LINE OF SAID LOT 1C-2 A DISTANCE OF 850.0 FEET TO A CORNER ON THE + SOUTH RIGHT-OF-WAY OF MCKINNEY STREET; I THENCE SOUTH 87 DEGREES 09 MINUTES 45 SECONDS EAST WITH THE SOUTH RIGHT-OF-WAY OF MCKINNEY STREET A DISTANC$ OF 60.0 FEET TO A I CORNER; THENCE SOUTH 01 DEGREES 39 MINUTES 00 SECONDS WEST A DISTANCE OF 1 310.06 PEET TO A CORNER; { j THENCE SOUTH 87 DEGREES 09 MINUTES 45 SECONDS EAST A DISTANCE OF 1 578.45 FEET TO THE POINT-OP-BEGINNING AND CONTAINING 7.7536 ACRES OF LAND. ' j ~ I J Ir low ti PLANNING AND ZONING COMMISSION REPORT To: Mayor and City Council Case No.: Z-89-016 Meeting Date: December 5, 1989 GENERAL INFORMATION Applicant: County of Denton 127 North Woodrow, Suite 300 Denton, TX 76205-6301 Status of Applicant: Owner Requested Action: Change in zoning from Multi-family ; One (MF-1) and General Retail (GR} or Single Family - 7 (SF-7) to Light Industrial (LI) Location and Size: Approximately 7.7556 acres of land located on the west side of Woodrow Lane approximately 305 feet South of j McKinney Street. Surrounding Land Use and Zoning: North - Golden Triangle Gymnastics Center and vacant, General Retail 41 f` South - Probation/Juvenile Detention Center, Animal Control Center N and vacant, Multi-family, ; Light Industrial and Single } Family - East - Reding Advertising, Denton County Transmissions, Hamman i Autocraft, other commercial uses, detached residential, City of Denton water well, and vacant, Multi-family One and Light Industrial West - Vacant, Multi-family One Denton Development Plan: Low Intensity Area SPECIAL INFORMATION I Transportation Woodrow Lane is an existing secondary and Drainage: major arterial. Both street and drainage improvements have been provided. Utilities: A 20' water line exists in the crest side of Woodrow Lane. 33nitary sewer is available in a 12" line in the east side of Woodrow Lane. The existing facilities on this site have utility services. . I T - __F low S (Case Z-89-016) Page Two HISTORY The site was zoned Single Family - 7 in 1969. On May 11, 1971, the City Council approved multi-family and general retail zoning for this site. At this date staff has not located the adopting ordinance for this action. Research will continue to determine the zoning for the tract. In 1985 the County built the Jail and Law Enforcement facility 1 and in 1987 the Probation/Juvenile Detention Center. 1 ANALYSIS The property is in low intensity area number 52 (See attached intensity map and calculations). A disproportionate share of intensity has been allocated due to existing use and zoning. The petitioner proposes to construct a radio tower over 400 feet in height. The least intense zoning classification to allow the height the petitioner needs is light industrial. An addition to the existing jail is proposed. ; VJ ~ Currently, the building official requires engineered construction plans for tower installations. Other cities appear to have restrictions in relation to height and adjacent use i which Denton does not. It is staff's opinion that the addition of the radio tower to this site will not adversely affect the neighboring properties. RECOMMENDATION Planning and Zoning Commission recommends approval ALTERNATIVES I 1. Approve petition 2. Postpone action on the petition 3. Deny petition i I ATTACHMENTS I 1. Location Map 2. Intensity Study 052 3. Planning and Commission meeting minutes of October 25, 1989. j 4. Mailing List 3418g pr low I ATTACHMENT 1 Z89 016 NORTH USA ~ R 7D ,1.~C1 ~ ~ f PWAEV ~~IJ M DD goo ©O ~O MCXlNN ~ODa i 1 SY { 17 Owen MO ~ $IT,, I 4~y1f , u MIS %W f yNll ~ ti Y I r I i SCALE NONG OATS I 1 1 i C r i L r V ATTACILMENT 2 y LAND USE MANAGEMENT INFORMATION SYSTEM PLANNING ANDTDEVE D0PHENT ENTON DEPARTMENT --------Y----- Intensit area tt 52 Was Low Intensity Trips/ac 60 Traffic survey zonesi 6580 6581 6582 6592 Boundary description: Northi FM 476 Southi Dallas Dr., Duncan, Kerley, Shady Oaks Dr. Dates 10/20/89 East3 Woodrow Ln. Westl LAND USE KKiT Railroad and Wye St. EXISTING LAND USE CURRENT ZONING...... PLANNED- DEVELOPMENTS- l _ CATEGORY UNITS ACRES INTENSITY ACRES INTENSITY ACRES UNITS INTENSIT 1I SP-16 4 1 1.63 30 0 0 0 0 0 SP-10>16 87 30.89 870 2.85 8505 0 0 0 SP-7>10 495 111.87 4980 51.42 7159.64 0 0 0 LESS SF-7 145 29 1450 100.27 5414.56 0 0 0 r, MOB.HOMES 24 1.53 240 0 0 0 0 0 DUPLEX 0 00 0 0 0 0 0 0 0 0 0 0 0 0 1 HF-142 177 11.8 1416 19.85 3970 0 0 0 COH/RET 0 5.13 3334.5 9.43 6129.5 0 0 0 OFFICE 0 3.64 1274 0 0 0 0 0 INDUSTRY 0 68.32 7173.6 18.17 1907.85 2.59 0 171.95 INSTIINAL 0 45048 3865.8 0 0 0 0 0 PARKS 0 10.87 326.1 0 0 0 0 0 7 0 0 0 0 0 0 TRANSPORT 0 2624 0 0 0 0 0 0 1 AGRIC. 0 0 0 0 P 0 0 0 f VACANT 0 204.58 0 0 6 0 0 929 553.68 24910 201.99 19667 2.59 0 272 TOTAL INTENSITY CALCULATIONS- III Intensity area total trips 553.68 times 60 33271 2 2 Trips allocated to existing land uses (built) 14910 3 Trips allocated to current zoning inol. P Ds (not built) 19939 4 Trips allocated to vacant lands not toned plus Agric. zoning 0 5 Estimated unallocated intensity trips 1)m nus(2)+(3)+(4) -11136 , ~6 Percentage of intensity trips allocated .n..w.ww.. i 1 I I J I INTBNOITY ARZA • dZ 6130 553.68 ACIII BOUNDARY 01002IFTION ' 1 East: Woodrow Lane f~ deed MKCT Railroad and Wye Street Northi Mcxinney Road IPM 126) Southi Dallas Drive, Duncan Street, Kerley Street and Shady Oaks Drive 4 f ~ ~ I . i m ~r~ ~ RIN~IY i 1 I Ali Is 1 1 \ BOALN 0 1000 2000 1 Cory e1 DINTft rfMAS 2-2 s 1 ATTACHMENT 3 DRAF ~ MINUTES Planning and Zoning Commission Cctober 25, 1989 1 The regular meeting of the Planning and Zoning Commission of the City of Denton, Texas was hold on October 25, 1989, at 5:00 p.m. in the Council Chambers of the Municipal Building, 215 E. McKinney. Present: Ivan Glasscock, Judd Holt, William Kamman, and Etha r il,er Absent: Euline Brock, Jim Engelbrecht, and Fran Morgan 1 1 Vice-chairman Holt called the meeting to order, 1. Consider approval of the minutes of the regular meeting of 117 1 June 28, 1989. It i,as moved by Mr. Kam,man, seconded by Mr. Glasscock and j unanimously carried (4-0) to approve the minutes of the regular meeting of June 28, 1989. Z-83-016, Hold a public hearing and consider the petition of i the County of Denton requesting approval of a zoning change on approximately 21.9725 acres located on the west side of 4 Woodrow Lane, south of McKinney Street. j Seventeen property owners were notified by mall; 2 responses I were received in favor, 1 opposed, and 2 were undecided, I STAFF REPORT: Mr. Robbins presented the staff report (attached) and slides of the site to the Commission. PETITIONER; Alan Williams, employee of the Sheriff's Department at 127 N. Woodrow, stated that as the County was preparing to improve the site, they discovered that the I propert, had not been rezoned when the jail was built. They desire to have the zoning in line with the current uses. IN FA%'Qg: None present. OPPOSED: Alice Nader, stated that she has lived on Woodrow Lane for 25 years, She lives directly across from the ,jail. She did not receive any notice of a change in zoning from single family to multi-family when that was done. She said that the six houses across the street from the jail on Woodrow should also be zoned light industrial. She has been trying k to sell her property for six years. No one wants to live f across the street from the ,jail. She does not want to be left j out in the cold unable to do anything with her property, Mr. Holt explained that tte Commission can only consider ' rezoning the property referred to in the petition at the current meeting. 3-l r i I r t~. t' a r D RIn T P3Z Minutes October 2s, 1939 Page Ms, Nader stated that the 31x houses are the only ones left on Woodrow and they are surrounded by light industrial zoning. E. C. Hilliard, 113 Woodrow Lane, stated that the property should not be rezoned because of the noise. It is unfair to the residents. The zoning ahould have been in place when the ,fail was built. The noise comes from sirons, from the inmates 1 hollering, and from construction. Construction has been going on around Woodrow for the past eight years. The prisoners hear allkthiis~l Thand make a lot of ey have been unable noise, to sell The theirdpros can and havo become bitter. Even their rent house is empty. i t is unfair for them to have to put up with it. The Commission can stop this. A jail is needed but the residents across the street need to be considered. The County is not above the law. i Mr, Holt stated that the petition is for the vacant lot on McKinney. j Mr. Hilliard stated that the computers used at the jail mess up their telephone lines and the proposed radio tower will mess up their TV. The hands of the residents are tied, FAFF RELnMMENDATION: Mr, Robbins stated that it appears the City Council meant to approve the multi-family zoning and the reallocation of intensity in the early seventies. The lack of an ordinance was an oversight. The City of Denton does not currently have any special setback requirements for radio towers. It is staff's opinion that the proposed zoning and land use will not have any adverse effects and staff is recommending approval, Vice-chairman Holt closed the public hearing. DECISION: Mr. Kamman stated that the zoning change will not effect the situation of the property owners on Woodrow. It will not lessen the noise or increase it. It may effect their televisions. The question at hand is the zoning change. He moved to recommend approval of 2-99-018. Seconded by Ms. Kiker and unanimously carried (4-0). -~i III, Hold a public hearing and consider the preliminary and final replats of the Owsley Park Addition, Lots 1 and 2, Block 91 into Lot 1R, Block 9, Mr, Yost stated that the owners and the staff, by mutual decision, requested the plats be withdrawn from the meeting. i 3-2 i ~ J - d i STAFF REPORT ATTACHMENT TO MINUTES i t To: Denton Planning and Zoning Commission Case No.: Z-8d-016 Meeting Date: October 25, 1989 GENERAL INFORMATION Applicant: County of Denton 127 North Woodrow, Suite 300 Denton, TX 76205-6301 Status of Applicant: Owner Requested Action: Chan $e In zoning from Multi-family One `MF-1) and General Retail (GR) or Single Family - 7 (SF-7) to Light Industrial (LI) I f Location and Size: Approximately 21.9725 acres of land located or: the west side of Woodrow Lane ar;,roximately 305 feet South of McKinney Street. k Surrounding Land Use and Zoning: North - Golden Triangle Gymnastics Center and vacant, General Retail South - Animal Control Center and 1 vacant, Light Industrial and Single Family - 7 East - Reding Advertising, Denton County Transmissions, Hamman Autocraft, other commercial uses, detached residential, City of Denton water well, and vacant, Multi-family One and Light Industrial West - Vacant, Multi-family One Denton Development Plan: Low Intensity Area SPECIAL INFORMATION r Transportation Woodrow Lane is an existing secondary and Drainage: major arterial. Both street ani drainage improvements have been provided. Utilities: A 20" water line exists in the west side of Woodrow Lane. Sanitary sewer is available in a 12" line in the east side of Woodrow Lane. The existing facilities on this site have utility services. 3-3 I I Y (Case Z-89-016) Page Two HISTORY The site was zoned Single Family - 7 in 1969. On 11, , the City Council approved multi-family and eneral May ail 1971 for this site. At this date staff has not located theadopzoni tingg ordinance for this action. Research will contin the zoning for the tract. ue to determine and1 in51987 thenProbation/Juvenile a Detention Center, facility ANALYSIS The property As In low Intensity area number 52 (See attached intensity map and calculations). A disproportionate share of intensity has been allocated due to existing use and zoning. The petitioner proposes to construct a radio tower over 400 feet in height. The least intense zoning classification to allow the height the petitioner needs is light industrial. An addition to the existing jail is proposed. Currently the building official requires engineered construction plans for tower installations. Other cities appear to have restrictions in relation to height and adjacent use which Denton does not, It is staff's opinion that the addition of the radio tower to this site will not adversely affect the njighboring properties, RECOMMENDATION Staff recommends approval ALTERNATIVES - 2. Postpone paction non the petition /lam 3. Deny petition ATTACHMENTS 1. Location Ma 2. Intensity Study NS2 I 3418g 3-4 l a~ v ATTACHQtENT 4 k pate Completed: 8Ys Ps Yl.~.tf/L~ I f Ok Totals _Ig L al soirees: +/I/ 2( I~fhl - L2 I I ?SAILING LIST { CASE NO.i Owners ~,OV✓i~L, v-fi ~p,~ _ La'~►t x •x'.205 V ~ i petitioners s,1~i`t c r? 1 i I PROPERTY OWNERS WITHIN 200 FEET Location/Abstract Name/Address Tax No. l~t~~~+on LO IA _~:t`1n3Yc~ F,!-larp~ !a3~ (Zielal~r. s (all el"Jaleb 321ti1c 91d1ti ~~a 6lJor~ 'rx ?~i I Co ' - J Et I.60 7teU ~2 2424] 4-1 I _J I r iConc:n~ed~ ~1 'k 1_ ~j G O T - ' Locatton/Aoatract Name/Address Tax No. / 1 r I I 2AJ SP r f f~ rle{ IIJ r 10 C3Y_ Irk (2v,2~ 7 v647oY1 6 )loo ! D c~201 a ~G TBJC ✓ii r?4~412,r4osi ,'rx, 7 osf3 ~L?^''~- 1~ ~1p~112 r?Ir~ICl ~iYliL1CY Y, J '(lf l l l?SYl ~'i(. 74'L01 ~ i _ ~rl~~ ~fe2yl N 1 I~ p G-r. ~I~II sr~l ')JrUfJr-oa2 L01 Tea ~lr.2v t / Ito 2424) 4-2 t "aL:Lng ::a: 4Conaia~edl a Y c Location/Aastcact 3 Name/Addc~» Tax No. NT- 1 •i~ ~ ~ ~ I jp ~ f' J NL~~Ol! ' i%~ c ~ I~ rir.2v~ ef'i5'~ i COpba ~5~co ~ o nt l l !_A . ~look 4" f~~ , ~"x. ~L201 i~~h rod' ?.li - + y~p,ms E 24241 4-3 I ."tai Y n g LOcatlon/Aostcact ~J-- Namf/Address Tax No. r'''S I 1,9 1" r, , Jr Gin ~ { 3t 1,[ + t~ IlC~ Ito ~,70 r ~ 1 f -t~~ n Lt51G _l l tdYl L4-, h i~g1i 35, .'TAE- 'Iri~ ~ s Glark SYOf~}e(~s P/s r or ! Tr, I `rf325 I,r}314,L)4- if LnSr,i48 325 0, 7 7.0(vt103 i~~~~85 ' fX. 7 231 + oc pot/, to) 50 X 70( '(yjo~ f ~&b 24241 4-4 r' k i ~ 1 I DZE= i I f E Fl~ i ' i IJZ= UZUZO 9 A IT ME REEL i i m ME i i W ~ Y 2651L-1/3689 ' NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equip- ment, supplies or services in accordance with the procedures of state law and Pity ordinances; and J i WHEREAS, the City ManAger or a designated employee has reviewed and recvcmended that the herein described bids are the lowest responsible bids fot the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefor; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the i materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the numbered items in the following numbered bids-Tor amterials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the Office of the City's Purchasing Agent filed according to the bid number assigned thereto, are hereby accepted and approved as being the lowest responsible bids for such items: . BID ITEM NUMBER NO. VENDOR AMOUNT 1032 All Priester Supply 23,316.00 1033 1-4 Dealers Electric 13,920.00 1033 5 Poleline Electric 2,090.00 1039 All Darr Equipment 18 184.00 / i 1040 All Martin Eagle Oil rate per gallon of .010 above posted rack/terminal rate ; SECTION II. That by the acceptance and approval of tho above numbered- items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agreas to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards quantities and for the specified sums contained in the Bid Invitations, Bid ~ Proposals, and related documents. f~ low i SECTION 111. That should the City and persons submitting approved and accepted items and of the submitted bids wish to 01 enter into a formal written agreement as a result of the accep- tance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related bid documents herein approved and accepted. SECTION IV. That by the acceptance and approval of the above ' numbered theme of the submitted bids the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 1989. { h TU , MAYOR I ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: PAGE TWO n C E _ DATE: DECEMBER 5, 1939 CITY COUNCIL RT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECTS BID #1032 - PADMOUNPED TRANSFORMERS RECOMHE NDATION: We recommend this bid be alwarded to Prieste I Supply, the lowest evaluated bidder, in the amount of $23,316.00, r SUMMARY: This bid is for (6) six used by the Electrical Distribution Dpadmounted epartment. transformers to be BACKGROUND: MemorandiLn, Tabulation Sheet I PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED; Budgeted funds for Electrical Distribution 1489-90 i FISCAL IMPACT: Budgeted Account #5611-008-0252-9222 1 4Respectf ly tubmitted: 1 er i Prepared by: i Name: Denise Mannin ate- + + Title: Buyer i ~ Approved: Name: Tom D.\ Shaw Title: Assistant Purchasing Agenv 021.DOC i I i 1 L) I I ~ MEMORANDUM To: Denise Manning, Buyer, Purchasing Department From: Glenn Fisher, Engineering Associate i Date: November 27, 1989 " Subject: Bid i 1032, 150 KVA, 120/208 Padmount Transformers Based on the projected future costs, the Electric Utilities Department recommends the acceptance of the bid from Priester Supply for a total of $ 23,316.00 (see attached evaluation for future costs). i I j i ~ I I it vr low 3 r f 3 1 TRANSrOgWfR [VALUATION: 150 KVA, 120/208 VOLT, S PHASE, PADNOUNr aid 1 1032 1 total Future Camt•(Unil Coe 07.04)e(No Load Lont(Total Load Lon -No Load Los)ALO,d Factor (a14.54 1 4 Load Factor-O.S t r f Unit Unit Colt No Load Winding Total Total Future Future Delivery Impedance Vendor Vsnutactvr a r Cal Rank Losses Losses Load Lose Cott . Cost Rank Tfea (mks) III Prferter Cooper (RTE) 33,116.00 3 -•-~1-•~"" 410 1141 till $43,030.11 1 19 2.74 Temple 11 Coep4r (RT$) $3,944.00 4 440 1141 1561 $42,151.63 2 16-11 2.74 Nelson Vantran $4,300.00 S 740 1420 176D $43,359.00 3 24 3.2 van Tran Vantran $4,304,00 6 310 1120 1760 $/5,567,16 / 14 3.2 I Craytar Vantran $4,314.00 7 340 1420 1760 j $13,637.56 S 11 !,J temple 02 Cr $1,5011,00 9 292 1370 1662 14.5,920J A 6 16-11 3.52 Cummins Pauvele $3,619.00 l 326 2233 2561 $16,466.25 7 14•16 3.1 Pefelfne Psuvelo 11,630.00 2 326 2235 2561 146,543.65 1 11.16 5.1 Vesta Westinghouse $4,470.00 1 132 1473 1105 $47.004.79 9 19-21 3,42 Dusenberry NO DID I I E J r 1 i J 1 i~o~~Ni wry ancei ~o ~ ~ o do ti 5-d PAUIN)UN'g TRANS}.ORMER,__ 'C ,4 a U 4 , Accew~~No~11=008-0252_~2z2_- 4$' ti3`~Qy = ~ RyY' y'~ ~ 4 Q ti Q Qy Opc~ea__ 11-21-89 us ° 4y r Q4 qy / Q°y , CT ei R DESCRIPTION TOTAL TOTAL TOTAL TOTAL TOTAL TOTAL TOTAL TOTAL TOTAL TOTAL 1 150 KVA Transformer 3886.00 3,619.00 NB ',630.00 4,309.00 NO 4,304.00 ,470.00 4.314.00 3.944.00 Ma nu[actur - RTC auwels NB Pauwels Vantran - NO Vantran - -Wing- Vantran Cooper g- - - Delivery 130 days 98-112day NO 14-16 wks 98 days NO 48 days 19-21 wks 12-14 wk 16-18wks Total - 23 316.0 21,714.00 NB 21,780.00 25,600.00 NO - 25,624.00 26,820.00 25,684.00 23,664.00 - - - - - - - 4.500.n V 7,030.00 1 t C I 7 I i Y) Yf DAZE: DECEMBER 5, 1989 CITY COUNCIL REPORT T0: Mayor and Members of the City :.ouncii FROM: Lloyd V. Harrell, City Manager J SUBJECT: BID #1033 - WIRE AND CABLE RECOMMENDATION: We recommend this bid be awarded to the lowest bidders. Items 1-4 to Dealers Electric, for a total of $13,920.00, and item 5 to Poleline Electric, for a total of $2,090.00. SUMMITRY: This bid is for wire and cable to replace warehouse inventory stock, BACKGROUND: Tabulation Sheet PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Warehouse working Capital for Electric Distribution FISCAL IMPACTi Budgeted Account #710-043-0582-8708 RespeC lly ,subrpi~ted: ± Lloyd Harrell I City Manager Prepared by: I Name: Denise Mann%ng ',title: Buyer Ap roved: i I Names Tom D. Shaw Title: Assistant Purchasing Agent I 021.DOC I t I G -1 s SPIN ATTACHED 2ND PAGE. INb UlI111VI~Jl1LC1 II G G 1 B d ; Jo. 10 3 3 tiG + Ar A ti0 4tiG tiG bd WIRE AND CABLE i A4ccoI Ho, _ 710-011-0582-8708_ y,yt, A 44 ~rned 11-21 89 y Q Z4~ O V4~ V~~~ 0~w4 DESCRIPTION TOTAL TOTAL TOTAL TOTAL TOTAL TOTAL TOTAL TOTAL TOTAL TOTAL A,lfft~ 2.8 SQQ HCIi- $3 Bft. L9 41S__. 2,925ft, 2/0 TF11IN 809.90/0 .95ft. .95[t .91785ft .83ft .834ft .836ft. .851[t. .853ft. .Taft. - 1/0 TtliIN 107.10/m .83[t .83ft .71310[t .73[t .743ft 129f It .74ft -.722ft .69It 42 THHN 419.15/, SIIt .53ft .4592[t .46ft .489ft .463ft .47[t .4651t __441t -25 S_ - 28f St- 26f 28L9It_ 4lft 23]5L1 .22fL 9 (2S0000in wkl,2,304 5 day 1-4/1-3wk RirO thru T=T~natoc re 5_.1:1 14-21 Ay ]LA-Aq P ~dBY _5_aays L![ ~d l0~iays_.. / 14-16wk 1 SPAM t $Y~a~YS 1 byil/27/ 9 Tea ST-4 w a 5/45-60d - - ' Y~J1 ~M`.at f . v 1 r 6.d .~N1t~an~..Cak J Ac co.xd No. _.214-l.,LQgfl2_B70B y~' l DESCRIPTION TOTAL TOTAL i TOTAL TOTAL TOTAL TOTAL TOTAL 1 1 0 TNN .770It 12 TII11N .490(t - 14 DUPLEX .271st ' D861VE.AT 35 daya i i ~ 1tP y sup IJ ' 44 DATES DECEMBER 5, 1989 CITY COUNCIL REPORT T03 Mayor and Members of the City Council FROM- Lloyd V. Harrell, city manager SUBJECTS BID #1039 - REYrAL OF SCRAPER RECOMMENDATIONS We recommend this bid be awarded to the lowest bidder, Darr Equipment, in the amount of $18,184.00. SUMMARY: This bid is for the rental of a Caterpillar 623E Scraper r-~ for use at the City of Denton Landfill, 1 BACKGROUND: Tabulation Sheet, Memorandum PROGRAMS, DEPARTMENTS OR GF:OUPS AFFECTED: Budgeted funds for Solid Waste Division FISCAL IMPACTS Account #630-024-0803-8509 Respe ully,sub tedt Lloy Harrell City Manager Prepared bys i Names Denise Manning Titles Buyer y Approved: Names Tom D. Shaw Titles Assistant Purchasing Agent 021.DOC i p, D I 1 IHOUINI wn aflcCl Bia No. 1039 Bd Rental of Scraper Account No. Opened 11-27-89 u0 u0 =y~~.~, ~4~0 S V Z' O DESCRIPTION I TOTAL TOTAL TOTAL TOTAL TOTAL TOTAL TOM 1. Rental 2 mo. NO NO 9750.00 9150.00mth 8500.00 2. Delivery charge NO NO 476.00 -0- 592.00 3. nick up at end of Ren al NO NO 476.00 -0- 592.00 i 1 $l if NO NO 176 hr 200hr 200hr 2. Copy of tease Etc. NO NO X R 8 ' h 1 'Delivery NO NO 2 day SaNe day 3 day Sub to Sub to I Alt. for . add- mthn I r I DD~ CITY of DENTON / 215 E. McKinney / Denton, Texas 76201 M E M O R A N D U M TO: Purchasing Cepartment FROM: Charles S. Watkins, Superintendent, Solid Waste Division DATE: November 27, 1989 SUBJECT: RENTAL OF SCRAPER BID 01039 I I have reviewed the three (3) bids received relative to Scraper rental for two months. I recommend the low bid which Is Darr Equipment Company assuming they can provide the Caterpillar 5238 within three days from receipt of order. If the low bidder does not have the machine available and delivered within three days, I recommend the bid submitted by TKO which Is the second lowest bid. r ~ 1. . Cher es S. Watkins i CSW/sc IWl/112789023 l 9k 8 J 9 d 5 , DATES DECEMBER 5, 989 CITY COUNCIL REPORT TOt Mayor and Members of the City Council FROMi Lloyd V. Harrell, City Manager SUBJECTi BID #1040 - #2 DIESEL FUEL COMMENDATI0"1 we recommend this bid be awarded to the lowest t 'dder, Martin Eagle Oil, at an estimated amount of $ th 0. or .01 cent above posted rack/terminal rate, SUMMARY: This bid is for 200,000 gallons of #2 Diesel Fuel used , for electricity generation at the Electric Production Plant, The price is determined by adding the bidders delivery price to the daily posted rack/terminal rate per gallon, i~ f BAC__ KGROUMs Tabulation Sheet PR00RAMSr DEPARTMENTS OR GROUPS AFFECTED Budgeted funds for Electric Production Div ision FISCMPACTA Budget Account #610-080-0251-8202 Respect ly submit edt L l y a.r. rel 1 - City Manager Prepared byr Names Den se Ming Titles Buyer Approvedi Na eI Tom D, S aw Titles Assistant Purchasing Agent i i I u ~ ~ A C ! 6 ,7 7 I I Hb VIN IIVII JfjCCt B+d No. 1040 ' - "d--L2 UicRel Fuel _ Cod' GO Account No. 610-080-0251-8202 Q"Y nw OAV Opened 11-27-89,___. R~ y J DESCRIPTION TOTAL TOTAL TOTAL TOTAL TOTAL - TOTAL TOTAL 1 1! ~ Uiesel F_I,Q1 •547 .5975 .6169 1. .635 .6180 Current Rack Posted price .014 .O1 . I Date/price 0139 .0194 r- .019 .017 e rie-ry 1 A, I E I i 1 I I 1 I i s I e T-0 IWW a DATE: 12/05/89 CITY COUNCIL REPORT FOK%t4T TO: Mayor and Members of the City Council, FROId: Lloyd Y. Harrell, City Manager SUBJECT: HARTLF.E FIELD "BRACKET LAW" RF.COHMF.NDA'1'ION: On November 21, 1989, Council directed staff to prepare an amended "bracket ordinance" exempting street and sidewalk requirements, and to conduct legal research into conditions which would enable adequate emergency vehicle access and protection of residences from flooding. Staff suggests that ordinances conditioned or other written promises r,r contracts would be legally inappropriate and not enforceable. Instead staff recommends an alternative ordinance which adds some standards addressing your concerns about emergency vehicle access and drainage. ~ SUMMARY 1 I Amends the Subdivision and Land Development Regulations by exempting developers of historically significant airfields from street, sidewalk, and on-site drainage requirements, except that adequate emergency vehicle access and elevation of new structures above t'ae 100 year storm flood levels. i f BACKGROUND: Historic Landmark Commission October 16, 1989 Discussions: November 13, 1989 Planning and Zoning Discussions October 25, 1989 Planning and Zoning recommends only sidewalks be exempted. I Council Discussions: November 1, 1989. Council directed that street exception be added. November 21, 1989. A public hearing was held and closed. Action tabled, pending legal research. PROGRAMS, DEPARTMENTS Ott GROUPS AFF'EC'TED: 1 Developers of Hartlee Field and its future users and residents. i T-W 16T.- M „ce q,~ nF t -Mayor aad City Council December 7, 1989 Page 2 FISCAL IMPACT: None, unless sidewalks, street and drainage improvements are requested, and if clear zone condemnation is required when the development is within Lie city limits. R2 fu.llyisub ed: L1 d V. H; cc 1 City Manager ih Ap ovedasc ~ Ara' E xcCutive Director Planntag and Development I~ I Attachments: 1, Map showing Hartlee Field, 2. Excerpt Eras Thoroughfare Plan. I I G F ; I 2056: I f I I ' +1 1 1 ~ ii 'A iP 99 032 NOIITN ('ter r r r / ~ 0lr~ SITE i )CANTIEE FIELD 110AD r r 1 1 i 1 ~ I 11 'I-II fl 60AL9 NONO_ DATE If' 21' f~ ~+s~NtiE.~ ~fGW Y, f + I I x 166 NORTH i 44 • ~i 04 ok 00 / r~,a n.s w 1• wm* i•iZ'f'~R141/5 f arrt unrs~! $CALK NON►' DAM II,jZoM A t Tr K 1 it i r NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ARTICLE 4.02 1 OF DIVISION I OF CHAPTER IV OF APPENDIX A OF THE CODE OF ORDINANCES TO PROVIDE THAT SPECIFIED STREET, SIDEWALK, AND ON-SITE DRAINAGE REQUIREMENTS SHALL NOT APPLY TO DEVELOPMENTS ALONG CERTAIN AIRPORT RUNWAYS: AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That Article 4.02 of Division I of Chapter IV of Appendix A of the Code of Ordinances is amended by adding a new paragraph (D) to read as follows= i (D) The provisions of Division II of Chapter IV ("Street an'd sidewalk Requirements and Design Standards") and any provision of Article 4.15 ("Drainage Requirements"), relating to on- site drainage shall not apply to any tract of land that: E (1) is divided into lots larger than one acre: I (2) abuts any part of a grass aircraft runway which is no longer than 9,000 feet: and 1 (9) abuts an airport that contains buildings of historic significance used prior to or during World War 11; except as follows: (a) An emergency vehicle access easement shall be i shown and dedicated on the final plat. The easement shall be a minimum width of twenty (20) feet and be designed to enable emergency vehicles to have adequate ingress and egress to all lots within the development. (b) Drainage plans, prepared by a professional engineer, shall be submitted showing that the finished floor elevation for foundations for each lot will be a minimum of eighteen (1811) inches above the 100-year flood elevation, as determined in accordance with the Drainage Design Manual. Adequate drainage capacity shall be provided and thereafter maintained around each elevated structure by utilizing channelization methods that route the water away from the foundation. p~Y F SECTION Ii. That this ordinance shall become effective immediately upon its passage and approval. ; PASSED AND APPROVED this the day of 1989, RAY STEPHENS, MAYOR ATTESTi JENNIFER WALTERS, CITY SECRETARY 1 BY: s APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY V BY: k J k i I 1 I i 1 aJ 4 t ~ 1 A i U i I 7{ 1 i i i I i i ARNIM, i I 1 f t i ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON RETAINING THE LAW FIRM OF HENDERSON BRYANT d WOLFS TO REPRESENT THE CITY OF DENTON IN LITIGATION PENDING AGAINST THE CITY; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: I 1 N SECTION I. That the City council hereby ratifies and approves the City Attorney's retainer of the law firm of Henderson Bryant 6 Wolfe to represent the city in litigation pending styled In Re: Flow Regional Medical Canter Inc., a Texas Nonprofit Corporation, j a/k/a Flow Memorial Hospital in the United States District Court, Eastern District of Texas, Cause No. 88-42099. 11 SECTION II. That this ordinance shall become effective I immediately upon its passage and approval. PASSED AND APPROVED this the day of December, 1989. RAY STEPHENS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY Ii BY., APPROVED AS TO LEGAL FORM. DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: ~ I ,I i i 1 t ~ 2 ~ 11 z 1 ai 3ZLLUw 1-1 111 1 1 i E OTTMT= J 1 f I I I 11 14 1 I I 1 t 2786L ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SETTLEMENT D DERELEASE OF ALL CLAIMSo FOR NTON AND BVERY JACK BOWLING DI JR.E,I ET LITIGATION AND BETWEEN I DECLARING OF AN + EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the attached Settlement and Release of All Claims etween the City of Denton and Bvery Jack Bowling, Jr., et al, providing for the settlement of the litigation now pending between the parties before the 362nd Judicial District Court of Denton County, Texas in Cause No. 88-3948-D, is approved in accordance with its terms, and the City Manager is authorized to ' execute the agreement and all other documents and make the pay- ments and take such action as is necessary to comply with the terms of said agreement. i SECTION II. That this ordinance shall become effective I immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1989. i l VAY4'€PHENS,+KAYUF ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: + f i APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: i l i' I' E i. I ~ I I I I I 1 I 1 V I I I P I 1 ORDINANCE NO. ,T AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SETTLEMENT AND COMPROMISE AGREEMENT FOR PENDING LITIGATION BETWEEN THE CITY AND R. D. MARTIN; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the attached Agreed Judgment between the City of Denton and R. D. Martin, providing for the settlement and compromise of the litigation now pending between the parties before the County Court of Law of Denton County, Texas in Cause No. 10,357, is approved in accordance with its terms, and the City Manager is authorized to execute the agreement and all other documents and make the payments and take such action as is necessary to comply with the terms of said agreement. SECTION 11, That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 1989. j RAY STEPHENS, MAYOR I i 4 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: _ 7 I i I I ~ s t CAUSE NO. 10,357 CITY OF DENTON, TEXAS 4 PROCEEDINGS IN EMINENT 4 DOMAIN FILED WITH THE vs. I JUDGE OF THE COUNTY 4 COURT AT LAW OF R. D. MARTIN, ET UX 4 DENTON COUNTY, TEXAS AGREEDJUDGMENT Be it remembered that the CITY OF DENTON, TEXAS, Plaintiff in the above numbered and entitled cause, appeared by and through its counsel, the City Attorney of the City of Denton, Texas and by Joe D. Morris, an Assistant City Attorney, and the Defendants, R. D. MARTIN, ET UX, appeared by and through their counsel, Ken Wright. The parties, present through their attorneys, announced to the Court their agreement upon a disposition of this cause and stipulated that the Plaintiff, CITY OF j DENTON, took possession of the hereinafter described interest in property on f January 4, 1982 pursuant to a proper exercise of the power of eminent domain, and that an agreement has been reached upon the only issue remaining in the cause, the f amount of compensation the Defendants, are entitled to recover from the Plaintiff as a result of the acquisition of the said Interest in property. ACCORDINGLY, upon consideration of the papers on file in this cause, the aforesaid stipulation and agreement, the COURT FINDS AND DETERMINES; 1. Said Plaintiff filed a Statement in Condemnation herein with the Judge of the County Court at Law of Denton County, wherein the City of Denton sought to acquire the following described interest in property: An easement to construct, reconstruct and perpetually maintain a road for ingress and egress to a city sewage lift station; electric transmission power lines and appurtenances; sewer, water and sanitary lines to service said sewage lift station; I E i AGREED JUDGEMENT - Page 1 14821001IDoc.001 F ~ said road and utilities to be in, upon, under and across the following described tract of land situated in Denton County, Texas to-wit: Being a tract of land situatcd in the Alex E. Cannon Survey, Abstract 232, and in the John S. Dickson Survey, Abstract 342, conveyed to R. D. Martin, et ux, by certain Deeds of Record as shown in Volume 1048, Pages 191 and 192, Deed Records of Denton County, Tex; , Said propu~d easements crossing this tract shall be in two parts as herein designated and described: j PART 1. WITHIN THE JOHNS. DICKSON SURVEY. 4i BEGINNING at t in west line of said tract north 17° 30' 63" west a total distance o 24 0 eet from the U. S. Monument identified as "F-554- ~7 ' "'4"Tvo a win or enterline of a thirty (30') foot wide permanent and a sixty (60') foot wide temporary construction easement; THENCE north 83° 58' 07" east a total distance of 385.87 feet to a point In an east property ling of said tract, said point also being in the east line of the J. S. Dickson Survey, 55.05 feet from the southeast corner of said , survey for terminus of said proposed easements. 4 PART 2. WITHIN THE ALEX E, CANNON SURVEY. BEGINNING at a point in the north line of the Alex E. Cannon Survey north 89° 34' 14" east a total distance of 95.0 feet from a steel pin marking the southeast cornerof the John S. Dickson Survey to the beginning point for a permanent easement; THENCE north 89° 34' 14" east a distance of 15.0 feet to a steel pin in the centerline of an abandoned road, aald pin marking a corner of above tract; THENCE south 18° 01' 12" east along an east line of said tract a distance of 70.0 feet to a point in the centerline of the abandoned road; THENCE north 28° 47'52.9" west a total distance of 76.09 feet to the place of beginning, containing In all a total of 498.02 square feet of land. In addition to above described permanent easement, Part 2 shall include a temporary construction easement adjacent and parallel to west line of said permanent easement witf, dimensions of 20 feet by 78.09 feet. There is specifically excluded all the oil, gas, and other minerals in, on and under the above described parcel of land. IT IS FURTHER EXPRESSLY PROVIDED that access to and from the remainder of the said tract of lend as owned by R. D. MARTIN and Wife, MILDRED MARTIN, of which the above described parcel of land was originally a part, to the AGREED JUDGEMENT - Page 2 14m,,env nronm i I T-W rF k I . X , e right of way easement, on the said parcel of land SHALL. NOT BE DENIED. And that the owners of said tract of land and their heirs and assigns shall retain all rights and privileges pertaining to the use and enjoyment of the parcel of land hereinabove described which DO NOT IMPEDE or PROHIBIT exercise of the hereinabove specified easement rights acquired in said parcel of land by the CITY OF DENTON, TEXAS, 2. Subsequent to the appointment of Special Commissioners, who were duly / qualified to serve herein, the Special Commissioners made and filed an Award in the ' amount of $4,300.00 payable to Defendants R. D. MARTIN and Wife MILDRED F. MARTIN in this cause; 3. Objections to said Award were timely filed by Defendants; 4. This Court has jurisdiction of the subject matter and the parties in this i cause; 6. Plaintiff CITY OF DENTON is authorized to acquire the above described i interests in property by exercise of the power of eminent domain and should recover M ` same from the Defendants in this cause free and clear of any and all encumbrances; 6. The agreed upon compensation between the Plaintiff CITY OF DENTON and Defendants for the acquisition of the above described interest in property and all damages to the remaining property of the said Defendant owners, is the Special Commissioners' Award, plus interest from the date of taking. 7. The said Plaintiff deposited the sum of $4,300.00 into the registry of the Court in this cause on January 4,198? for the use and benefit of the said Defendant jr owners which sum was the same as the amount awarded by the Special 1 Commissioners, and the said Defendant owners have yet to negotiate said sum despite having withdrawn the full deposi t from the said registry; 8. All costs of court incurred in this cause should be taxed against the said Plaintiff. AGREED JUDGEMENT • Page 3 i 1482/00 I/Dac.001 1 IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED that Plaintiff CITY OF DENTON, TEXAS shall have and recover from the Defendants R. D. MARTIN and Wife MILDRED F. MARTIN, the interest in property hereinabove more fully described in Paragraph 1 of this Judgment; + IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the 1 Defendants, shall have and recover of and from the CITY OF DENTON the sum of Four Thousand Three Hundred Dollars ($4,300.00), previously deposited, plus interest at the legal rate until paid. SIGNED this day of ,1989. { JUDGE PRESMIXU~~ SUBSTANCE AND FORM APPROVED; ~ j R MMU Assistant it 'Attorney f Attorneyy for Plaintiff } Ci ty of Denton KEN AttorneyRfor Defendants R. D. Martin and Wife, Mildred F. Martin i I AGREED JUDGEMENT • Page 4 1482/0011Doc,001 I I ~ h ~ I i P i s. G ' r 43{ ~ f i h L ' ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 8 (MUNICIPAL COURT) OF THE CODE OF THE CITY OF DENTON, TEXAS, BY REPEAL OF THE EXISTING "COURT" CHAPTER AND BY ADOPTION OF A NEW "MUNICIPAL COURT" CHAPTER; PROVIDING FOR A MAXIMUM PENALTY OF $200.00 THEREFORE, FOR VIOLATIONS OF SECTION 8-34 THEREOF; PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That Chapter 8 of the Code of Ordinances of the City of Denton, Texas, is hereby amended to read as follows: CHAPTER 8 MUNICIPAL COURT f f ARTICLE I. ESTABLISHMENT OF THE COURT I ! r Sec. 8-1. Creation. I There is hereby created a municipal court to be known as the Municipal Court of the City of Denton, which shall be comprised of two divisions. Any reference hereinafter to the Court shall be understood to mean the Municipal Court of the City of Denton. I Sec. 8-2. Jurisdiction. The municipal court of the city established by the City charter shall have jurisdication in all criminal cases arising under the ordinances of the city and in all cases arising under the criminal laws of the state, pursuant to Section 29.003, Government Code. The municipal court has jurisdiction in the forfeiture and final judgment of all bail bonds and personal bonds taken in criminal cases of which the court has jurisdiction. i Sec. 8-3 - 8-10. Reserved. r I w4 4 1 ARTICLE II. OFFICERS OF' THE COURT Sec. 8-11. Cite Judas:, JI One division of the Court shall be presided over by a Judge 1 known as the City Judge, who shall be directly responsible to the IIII City Council for the conduct of the Court in a dignified manner and in accordance with the laws of this State and the ordinances of the City of Denton. Such Judge shall also be a magistrate. The City Judge shall have the powers, duties and qualifications for city Judge as prescribed by the City Charter. The City Judge may also be refla.red to as the Municipal Judge. i Sec. 8-12. Assistant City Judge. The Court may be presided over by a judge known as the Assistant City Judge, who shall be a magistrate with the same judicial and magisterial powers and duties as the Municipal Judge of the Municipal Court, and who shall be appointed in the manner prescribed by the City Charter, and shall possess the same qualifications as the Municipal Judge, The Assistant City Judge shall preside under direction of the City Judge. The Assistant City Judge may also be referred to as the Assistant Municipal Judge. I Sec. 8-13. Municipal Court Clerk. (a) In order to release the C.cy Judge from all administrative responsibilities relative to personnel performing services supportive to the court, the office of the Municipal Court Clerk is hereby established as a division of the court. (b) The Municipal Court Clerk shall be appointed by the Executive Director of Finance, in consultation with the Municipal Judge and the City Attorney, subject to confirmation by the City Manager, and shall have the powers and duties prescribed by the laws of this State and the City Charter. Any references tc Court Administrator, Clerk of the Court, or Clerk shall be understood to mean Municipal Court Clerk. (c) The Municipal Court Clerk shall appoint Deputy Court Clerks as needed, subject to approval of the Executive Director of f' Finance and the City Manager, and such deputies shall act in 2 and for the Municipal court clerk in the performance of their duties. (d) The Municipal Court Clerk or his deputies shall keep the minutes of the Court proceedings, administer oaths, issue process, make certificates and affix the Court seal thereto, and generally perform the duties for the Court that a County clerk performs for a County Court. Sec. 8-14. Prosecutor. The City Attorney shall appoint a suitable and qualified !--`N person to hold the position of Assistant City Attorney, who shall be charged with the duty of prosecuting all cases in Court, and be subject to such other assignments as the City Attorney may j direct. Sec. 8-15. Court Bailiffs: Appointment and Duties. (a) The Chief of Police, upon the request of the judge, shall furnish one or more police officers to serve as Court Bailiffs during the convening of the Court, and when, in the judgment of said Judge, a Bailiff is necessary to maintain proper decorum during Court proceedings. (b) The principal duties of the Court Bailiff shall be as { follows: ! 1. To preserve order and decorum while court is in session; 2. Provide :security to the Courts buildings ! 3. Assemble and supervise witnesses and jurorsi 1 4. Attend to the jury and inform the Judge about the needs and decisions of the jury; 5. Maintain custody of prisoners in the courtroom and arrange for their transportation to jail when requested by the Judge 6. Transfer messages and perform other tasks assigned by the Judge. i Sac. 8-16 - 8-20. Reserved. i 3 I i 1 ARTICLE III. PROCEEDINGS OF THE COURT Sec. 8-21, Criminal Complaints and Pleadings. of (a) cAll omplaint proceedings and filed byaor undermthecdirection written the City Attorney or an Assistant City Attorney, except when State law provides that a written complaint is unnecessary. (b) when no written complaint is required, the proceeding shall commence upon the filing of the citation. 11 - (c) Complaints and citations shall be filed with the Municipal 1 Court Clerk. I (d) Complaints shall begin "in the name and by authority of the state of Texas" and shall conclude "...against the peace and dignity of the state." If the offense charged is a violation of a city ordinance, the complaint may also conclude "contrary to the said ordinance...." I (0 Complaints may be signed by any credible person on information and belief, and sworn to before a notary the City Attorney, an Assistant City Attorney, Municipal Court Clerk, Deputy Court Clerk, or City Secretary, each of whom, for that purpose, shall have the authority to administer oaths. (f) All pleas shall either be made in writing and filed with the Municipal Court Clerk, or made in open court before a Judge. (q( Any additional d with pleadings in writingved and filed by a Judge. (h) The Municipal Court Clerk shall file the original complaint and the original of other papers and proceedings in each case under the direction of the Judges. Such documents constitute the records of the Court and a separate record book shall not be required. (i) The records of the Court, including dockets shall be preserved for a period of at least three (3) years following the disposition of any particular cause, and thereafter, the 1 same may be disposed of, or destroyed upon authorization of - 4 - 1 i V i a the City Attorney. The Court's permanent minutes may be maintained by compt:ter records or any other method authorized by State Law. Sec. 8-22. Jurors. All jurors shall be residents of the City of Denton and shall possess the same qualifications as jurors in the State courts. Sec. 8-23. Rules Governing Proceedings. All proceedings in the court shall be governed by the laws of the state of Texas. In those areas not specifically covered TexaselawTexas s, Code of ordinance, the Procedure Judge of elsewhere the Municipal Court shall establish such Court rules as are necessary to i establish reasonable and consistent procedures for the operation ` of the Court. IE[ Sec. 8-24. No Complaint to be Dismissed Except Upon Order of a Judge. No complaint shall be dismissed except upon order of a Judge and in accordance with the law. i ~ { Sec. 8-25 - 8-30. Reserved. I ~ ARTICLE IV. ADMINISTRATION OF THE COURT Sec. 8-31. Budgetary Responsibilities. The City Judge shall participate in the budget process of the City of Denton as it relates to all personnel and property with the Judges' Office, the courtroom, and all appurtenances connected therewith. The budgetary responsibilities and procedures as to all other support personnel of the Court, and appurtenances thereto shall be as directed by the Municipal Court Clerk, subject to the approval of the Executive Director of Finance and the City Manager or his designee. r - 5 Sec. 8-32. Collection and Disbursement of Funds. The Municipal Court Clerk shall establish formal procedures for the collection and disbursement of funds so that all fines, fees, costs, and monies collected and disbursed may be properly accounted for. All fines shall be paid into the City Treasury. Sec. 8-33. Authority to Issue Citations. A director of any City department, or his authorized representative, shall have the power to issue one or more citations for violation of City ordinances to any person to appear in the Court, if the Director or representative has I probable cause to believe that the person is criminally responsible for any offense within the jurisdiction of the Court. Sec. 8-34. Violation of Promise to Appear. (a) A person lawfully released from custody, whether by posting bond or by signing a written notice to appear, on condition that he subsequently appear in the Court, shall appear in f accordance with the terms of his release. j i~ (b) The requirement for appearance in Court is met if counsel f appears on behalf of a person required to appear. i E (c) For purposes of this section, "custody" means an arrest or a detention for purposes of issuing a written citation by a police officer or by a person authorized to issue citations under section 8-16 of this Chapter. (d) An offense under this section is a Class C misdemeanor ( punishable by a fine of $1.00 to $200.00. Sec. 8-35. Court Fees. Court costs or fees are hereby authorized to be imposed and collected in accordance with the provisions of the state law and the maximum fees therein expressed are hereby authorized to be imposed. Sec. 8-36. Warrant Fees and Special Expenses. (a) Warrant fees are hereby authorized to be impobid and collected in accordance with the provisions of Article 45.06, Texas Code of Criminal Procedure and the maximum fees i{ therein expressed are hereby authorized to be imposed. II - 6 i ' a 1 I I i (b) Special expenses for services performed in cases in which the laws of this State require that the case be dismissed because of actions by or on behalf of the defendant which were subsequent to the date of the alleged offense are hereby authorized to be imposed and collected in accordance with the provisions of Article 45.06 Texas Code of Criminal Procedure. (C) The Court is hereby authorized to assess as a special expense, an amount not exceeding Ten Dollars ($10.00) in traffic cases, where state law requires dismissal or allows dismissal due to some act of the defendant. Those instances are the taking of a driver safety course, correction of an expired driver's license, expired motor vehicle inspection _ sticker and expired registration within ten (10) days of t%e 1 issuance of the citation and any other instance as provided by State law. I Sec. 8-37 B-39. Reserved. I I ARTICLE V. C INSPECTION AND ABATEMENT WARRANTS t Sec. 8-40. Definitions. For the purposes of this Article, the following words shall have the meanings hereinafter designated: l Inspection Warrant - A written order, issued by a magistrate and directed to any inspector, as defined in this Section, commanding him to inspect specific premises to determine the presence of a violation or violations of any City ordinance or other law that provides for such inspections to be conducted by City inspectors, and, when the inspector is also a peace officer, the City Code, laws of the state of Texas and the United States. Insecto~r - Any peace officer of the State of Texas or any off- icial inspector for any department of the City of Denton, Texas, which is charged with code enforcement, including, but not limited to, inspectors for the departments of Planning, Building Inspection, Housing, Fire, and Health. Sec. 8-41. Warrants Authorized. Except as provided in Section 8-40, insp,:etors are hereby authorized to seek and obtain Inspection Warrants from a - 7 - 1 magistrate before making any inspection incidental to the enforcement of any provision of this Code of ordinances or other law that provides for such inspection, when the inspector is also a peace officer, incidental to the enforcement of the City code, laws of the State of Texas, and the United States A magistrate is hereby authorized to issue such warrants subject to the requirements of this Chapter. Sec. 8-42. Warrants Not Required. Inspection Warrants shall not be required under the following circumstances: (a) when permission to inspect has been granted by someone r--1 apparently having charge or control of those premises; for the purpose of this subsection, permission to inspect may be granted either verbally, in writing or by some other action indicating consent; or (b) when there exists an imminent danger or peril to human life, limb, or property and any delays resulting from the application for an Inspection warrant would materially increase the likelihood of loss from such danger or peril] or (c) when the inspection can be executed in areas held open to the general public; or (d) when the inspection is of 2usiness recognized by law an being a traditionally lic ,sed and regulated enterprise for which no reasonable expectation of privacy exists. Sec. 8-43. Requirement for Issuance of Inspection Warrant. (a) No Inspection warrant shall be issued except upon citation to specific lawn requiring or permitting inspections or on the presentation of evidence of probable cause to believe that a violation or violations of the Code of ordinances, or state or federal statutes providing for such inspections to be made by City inspectors are present in the premises sought to be inspected. In determining probable cause, the magistrate is not limited to evidence of specific knowledge, but may consider any of the following: 1. the age and general condition of the premises; 2. previous violations or hazards found present in the premises; - 8 - r --or wow 1 a 3. the type of premises; J 4. the purposes for which the premises are used; and 1 5. the presence of hazards or violations in, and the r general condition of, premises near the premises sought to be inspected. (b) A sworn affidavit setting forth substantial facts toward establishing probable cause or the statutory basis for inspection shall be filed in every instance in which an Inspection Warrant is requested. Sec. 8-44. Inspection Warrant Formalities. An Inspection Warrant issued pursuant to this Chapter shall " { be sufficient if it contains the following requisites: (a) that it run in the name of "The State of Texas; (b) that it identify, as near as may be, those premises to be inspected (c} that it command an inspector to inspect forthwith the premises described; and (d) that it be dated and signed by the magistrate. Sec. 8-45. Execution of warrants. An inspector to whom an inspection warrant is delivered shall execute it without delay and forthwith return it to the proper magistrate. It may be executed within three days from the time of its issuance, and shall be executed within a shorter period if so directed in the warrant. If such persons cannot be found, upon execution of the warrant, a copy of said warrant shall be affixed to the front door of the building or premises t inspected. I 1 Sec. 8-46. Days Allowed for Warrant to Run. The time allowed for the execution of an inspection warrant shall be three whole days, exclusive of the day of its issuance f and of the day of its execution. The magistrate issuing a warrant under the provisions of this Article shall endorse on such warrant the date and hour of the issuance of the same. - 9 i 1 Sec. 8-47. Flow Return is Made. Upon returning the inspection warrant, the inspector shall state on the back of the same, or on some paper attached to it, the manner in which it has been executed and shall likewise deliver to the magistrate a copy of the report resulting from that inspection. Sec. 8-48. Power of Inspector Executing Warrant. Tie execution of a warrant issued pursuant to this Article shall not include any authority to make arrests or to seize I tangible goods of a violation, except where the inspector is a peace officer or the items are to be seized by a peace officer and are within the items listed in Texas Code of Criminal Procedure, Article 18.02 (1)-(9) and (11). Sec. 8-49. Records to be Kept. The magistrate shall keep a record of all proceedings had before him in the cases of inspection warrants as part of the official records of his court. Sec. 8-50. Conflicts. j No provision of this Article is intended to conflict with any state or federal law and the powers and rights granted herein are intended to be in addition to any rights granted by state or { federal law. SECTION II. That all ordinances or parts of ordinances in force when the provisions 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 all sections of this ordinance except for Section 8-34 shall become effective immediately from the date of passage and approval. Section 8-34 shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twi,:e in the Denton Record-Chronicle, the official newspaper of i 10 - I i S the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 1989. RAY STEPHENS, MAYOR ATTEST: By: fj JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: j DEBRA ADAMI L9,IYOVITCH, CITY ATTORNEY BY: ? E I 1 ' If 111) -11- 11 1 11 A ALA i i I ' I I i i i I I I I I i JL-t loll Ili +W I i i ~ i t l~ December 5, 1969 CITY COUNCIL AGENDA ITEM .G T0: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Lloyd Harrell, City Manager SUBJ: CONSIDER INTERIM WASTE CONTRACT BETWEEN THE CITY OF DENTON AND THE CITY OF ARGYLE. RECOMMENDATION: The Public Utilities Board, at their meeting of October 24, 19090 recommended to City Council approval of the scope of services of the propused contract, r' BACKGROUND: Attached is the final Interim Waste Disposal contract between the City of Argyle and the City of Denton. This item has been discussed with the Public Utilities Board and the City Council in work sessions and during several meetings with the i f City of Argyle and City Staff. Approval is recommended by the Public Utilities Board. At a recent meeting between City Councilman Jim Alexander, Denton Utilities Staff, the Mayor of Argyle, and Argyle City Council member, the City of Argyle has agreed to she paragraph regarding contracting N with the Upper Trinity Regional Water District for permanent J wastewater service. Therefore, this item is recommended for final approval. SUMMARY: The main conditions of this contract are: i 1. That this is an "interim contract" only until such time as Argyle can contract with the Upper Trinity Regional Water District for full wastewater discharge services. This interim contract shall be for only nine (9) months. f` 2. This interim contract is only for wastewater collected at the new Argyle school. h 3. The wastewater shall be discharged only at the City of Denton's Pecan Creek Water Reclamation Plant. A i 4. Charges shall be: a. A Monthly Facility Charge of $50. { i CC Agenda Item Page 2 b. volume Charge of $1.95/1000 gallons. (Based on total 1 transported truck capacity for each time that a load is discharged at the plant) C. Monthly Laboratory Analysis Fee of $120. d. Standard surcharge treatment fee that is appropriate for industrial pretreatment customers for any excess strength ~I wastewater. s AM and I' I 5. Delivery ework days. Denton (No holidays b or between weeknd ) 5 PM on standard city f 5. No hazardous wastewater may by discharged. I *Respe ly ssu bmitt dU re , ty Manager i l Prepared/Approved by, R. E. e son, xecut ve rec or Department of Utilities Exhibit I Contract Between City of Denton and City of Argyle 11 PUB Minutes of October 24, 1909 III PUB Minutes of November 21, 1989 Iv Ordinance 6573Ut13-14 i 1 T-T T-. - -----i. x r P r~ } ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF ARGYLE PROVIDING FOR INTERIM WASTEWATER TREATMENT SERVICESI AND PROVIDING FOR AN EFFECTIVE DATE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS? SECTIO" That the Mayor is hereby authorized to execute the attached contract between the City of Denton and the City of Argyle r to provide for interim wastewater treatment services to Argyle. Sf<CTIO--- Nit. That this ordinance shall become effective immediately upon its passage and approval. 1 PASSED AND APPROVED this the day of RAY STEPHENS, MAYOR If I ATTEST: JENNIFER WALTERS, CITY SECRETARY BYt APPROVED AS TO LEGAL FORMt DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: i f ~ t. n i INTERIM WASTEWATER DISPOSAL CONTRACT BETWEEN THE CITY OF DENTON AND THE CITY OF ARGYLE, TEXAS WHEREAS, the City of Denton ("Denton") and the City of Argyle ("Argyle") are municipal corporations of the State of Texas; and WHEREAS, the Argyle Independent School District (AISD) is 1 constructing school facilities within the corporate limits of Argyle which will require wastewater services; and WHEREAS, Argyle desires to receive and Denton has agreed to provide temporary wastewater treatment services for wastewater transported from AISD's facility to Denton's treatment plant until Argyle can arrange for permanent wastewater treatment services with { the Upper Trinity Regional Water District; and WHEREAS, Denton and Argyle are authorized to make and enter into this Contract under Article 4413-(32c), V.A.T.C.S.; Now, Therefore, Denton and Argyle agree as follows: i I z. ~ Rastewater Services Provided yY De.:4ton A. Denton agrees to receive and treat at Denton's Pecan Creek Water Reclamation Plant located at 1100 Mayhill Road, Denton, Texas, the wastewater generated from AISD's educational facility located at 800 Eagle Drivo, Argyle, Texas ("AISD Wastewater"). B. As between Denton and Argyle, Argyle shall be solely responsible for the transportation of AISD Wastewater to Denton's Pecan Creek Water Reclamation Plant. AISD Wastewater shall be delivered to a discharge point or points at Denton's Plant as specified by Denton at the time of delivery. Argyle shall cause AISD Wastewater to be delivered to Denton during normal business hours (8:00 A.M. and 5:00 P.M. Monday through Friday, excluding holidays). Any deliveries made outside of the times specified herein must be approved in advance by Denton. C. Argyle shall insure thr.t AISD Wastewater shall be transported by a person or firm properly equipped and trained in wastewater transportation. Argyle shall insure that each time AISD Wastewater is loaded at the AISD facility for delivery to Denton, the delivery vehicle contains no other waste materials or liquids from any other source. AISD Wastewater shall be delivered directly to Denton's Reclamation Plant without receiving any wastewater or other waste materials or liquids from any other source. A "Liquid Waste Transportation Trip Ticket", attached hereto as Exhibit "A", k shall be completed by AISD and the AISD Wastewater transporter at the time of loading and supplied to Denton with each delivery of PAGF: 1 i Flow k° c AISD Wastewater. Denton may refuse to receive any delivery of AISD Wastewater which it determines, in its sole discretion, contains any hazardous metals or toxic substances, as defined by Denton's ordinances, as amended. II. Billing and payment or Sgxy q" A. Denton shall bill Argyle each month and Argyle shall pay Denton within thirty (30) days after receipt of the bill for the wastewater treatment services provided herein the total sum of the following rates and charges: II (1) A Facility Charge of $50.00; 1 (2) A Wastewater Treatment Charge determined as follows: f ~'~.cltY of VQhirle _4~QQ1flL~r X $2.95; 1000 (3) A Laboratory Analysis charge of $120.00; (4) A Surcharqe Treatment Fee of $0.000743 for each milligram per liter (mg/1) of biochemical oxygen and $0.000751 for each milligram per demand (mg/1) of total suspended solids (TS) in excess of 250 milligrams per liter (mg/1), as the terms "BOD" and "TS" are defined by Denton's ordinances, as amended] 1 and, (5) An Overtime Charge of $15.00 er deliver for an I, j delivery of AISD Wastewater outside nor al businesss hours as provided in this Agreement, if any, B. The Wastewater Treatment charge provided for above shill be based on of delivery the discharg, of the without rregard to the vehicle actual tamthe ount time AISD Wastewater delivered or treated. III. Term and Termination A. This Agreement shall remain in effect for a period of nine i months from the date of execution and approval by both parties. B. In the event that Argyle fails to comply with any terms or condition pertaining to this Agreement, Denton shall give Argyle notice of said breach. Should Argyle fail to correct the breach PAGE 2 C I V 1 N F it Y c within fifteen (15) days following receipt of said notice, then Denton shall have the right to terminate this Agreement. IV. i No Renresentalign Qf Continued Service The intent of this Agreement is to provide for interim wastewater treatment services for Argyle for a maximum period of nine (9) months to allow Argyle sufficient time to arrange for permanent wastewater treatment services by contracting with the Upper Trinity Regional Water District. In turn, Denton will exercise dun diligence in negotiating a contract for wholesale wastewater treatment services with the Upper Trinity Regional Water District. Argyle and Denton agree that it is not the intention or represen-tation of either party to the other that by the making of this Agreement Denton would provide to Argyle or that Argyle would receive from Denton wastewater services in any manner beyond the term of this Agreement. This contract is for the sole benefit of Argyle and Denton, and no other party, including Argyle, shall be + considered to have any present or future right or obligation under this Agreement. f V. ; w Inde+nnification Argyle agrees to and shall indemnify and hold harmless Denton, ~ its officers, agents, and employees, from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, or for damage to any property, arising out of or in connection with the acts performed by Argyle, its officers, employees, agents, or contractors, to the extent permitted by law. IN WITNESS WHEREOF, Denton and Argyle, acting under authority of their respective governing bodies have caused this Agreement to be duly executed in several counterparts, each of which shall constitute an original. EXECUTED this day of , 1989. i ATTEST, CITY OF DENTON, TEXAS JENNIFER WALTERS, CITY SECRETARY I~ BY: BY.. I RAY STEPHENS, MAYOR PAGE 3 Y 3 ATTEST: CITY OF ARGYLE, TEXAS KANDI WATERSTREET, CITY SECRETARY BY: _ BY: NORM THOMAS, MAYOR APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: c:\wndocs\k\waste-di ara I } i i f PAGE 4 4 c ~ 10. CONSIDER INTERIM WASTE TREATMENT CONTRACT WITH THE CITY 1 OF ARGYLE. Nelson reviewed this item with the Board advising that this is an "interim" contract for the purpose of treating Argyle's wastewater collected at thoir new school for a period of nine months. The wastewater is to be discharged only at the City of Denton's Pecan Creek Water Reclamation Plant. The facility charge is to be S50/month, volume charge- $1.95/1000 gallons, monthly lab analysis fee of $120 and a standard surcharge treatment fee appropriate for excess strength wastewater. Delivery is to be between 8 AM to 5 PM on standard city work days, no holidays or weekends, and no hazardous wastewater may be discharged. After lengthly discussion, Frady made a motion to agree . to an interim waste treatment contract with the City of Argyle based on the above criteria, plus the addition of I an assessment fee per truckload for wastewater delivered I to the Denton Plant outside of the "normal" delivery times specified under Section 5 of the proposed contract, the amount of such fee to be set by Staff and contingent on I the concurrence of the Legal Department. Second by Thompson. All ayes, no nayes, motion carried. I EMERGENCY AGENDA ITEM: ~ 1. CONSIDER NON-COST SHAREABLE CONTRACT AO BETW86N THE CITY OF DENTON, AND THE N CORP9 SNGIMEERS. Nelson nevi qd this item advi the Board that the It Corps of Engineeer,~a had neve ned the original agreements however, they sent out for bids and awarded a contract f engineering and design of the Non-cost Shareable f~a 'ies~ on the Ray Roberts Reservoir, They ~v made`tQinimalchanges to the contract and h:64non-cost ded an E ow Agreement to the 1 contract This row Agreemen flows Denton to deposit its share ofZ ~ shareabll expenses, approximat y~i1481360, into the esc w account and receive Brest on the account, and t Corps will withdr¢ unds as needed. The full amou is to be reler s to the City of Denton by the Stat of Texas upon cotion of the work. P ~k mini mal discussion, Thompson made a motto to /approve subject contracts as presented and pendin Legal Department review. Second by Frady. All ayes, no ays, motion carried. I u r: l I Excerpt hinutes of PUB Meeting November 21, 1989 g. RECEIVE INFORMATION CONCERNING CITY OF ARGYLE'S RE UEST FOR INTERIM WASTEWA9'ER SERVICE WITH THE C l ITY OF DENTON. Nelson advised the Board that meetings have been held several times with Argyle, most recently last Friday evening and Jim Alexander, city councilman, was in attendance at that meeting. Negotiations are going well and Nelson hopes to have the contract to the Council by December 19. No action by the Board required. i f I ti 1 f i { 1 I I 1 I I r i i 1 IJIT 4" 1 1 loll 11 1 a I j`rr~ Y 1 2651L-9/3689 NO. AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A CONTRACT BETWEEN THE CITY OF DENTON AND DBS ESCHER WYSS; PROVID- ING FOR AN INCREASE IN THE CONTRACT PRICE; AND PROVIDING AN EFFECTIVE DATE. l WHEREAS, on December 12, 1987, the City awarded a contract for the construction of certain improvements to the DBS Escher Wyss in the amount of $1,358,970.00; and WHEREAS, the City Manager having recommended to the Council that a change order be authorized to amend such contract with respect to the scope and price and said change order being in compliance with the requirements of Chapter 252 of the Local Government Code; NOW, THEREFORE, ` BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. That the change order to the contract between the ` City an scher Wyau, a copy of which is attached hereto, in i the amount of Seventy-Two Thousand Four Hundred Fourteen Dollars { therefor • is )hereby authorized. and the expenditure of funds SECTION II. That this ordinance shall become effective { immeaiate`Ty upon it passage and approval. PASSED AND APPROVED this day of , 1989. i RAY STEPHENSO MAYOR ATTEST: APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY., ir 1-W s, a n x 1 a I w December 5, 1989 I CITY COUNCIL AGENDA ITEM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FRGM: Lloyd Harrell, City Manager SUBJ: CONSIDER ORDINANCE APPROVING CHANGE ORDER EXERCISING THE OPTION TO BUY SPARE PARTS AND TRAINING FROM DOMINION BRIDGE SULZER (DBS), ESCHER WYSS CONTRACT FOR LEWISVILLE HYDROELECTRIC PROJECT. RECOMMENDATION: The Public Utilities Board, at their meeting of November 211 1989, recommended to the City Council approval rr Change Order in the amount of $72,415.00, to Dominion Bridge Sulzer, contract for a brake f system, spare parts for turbine/generator, electrical spare parts, and training for Lewisville Hydroelectric project. I SUMMARY/BACKGROUND: On December 9, 1987' the City Council awarded the bid for the ' furnishing turbine/generator with its auxiliary equipment for Lewisville project to Dominion Bridge Sulzer, Inc., (OBS). The DBS bid proposal has listed the costs of spare parts for the turbine/ generator and electrical equipment, personnel training for order at a ` later date. Black 8 Veatch, Project Consultants, recomanends the City to order the above items, plus a brake disc system for complete stop i f of water flow in case of hydro unit shut down for maintenance. The breakdown costs are listed below: 1. Brae disc system S 80000.00 2. Spare parts for turbine/generator 34,000.00 3. Electrical spare parts 4. Personnel training 159000.00 $72,414.00 Total PROGRAMS, GROUPS OR DEPARTMENTS AFFECTED: Electric costs for water and sewer rate paytrs, Electric Utility Department for maintenance and operation. FISCAL IMPACT: The project is in the Capital Improvements Plan in the amount of 531953,000. The unit will generate approximately 12,000,000 KWH annually. i d 1 P CC Agenda Item Page 2 Res ctfully submitted, rr nager ' Prepared by, E. B. u as, rector o Electric Utilities 7 APD ed /r e son, xecu ve rector € Department of Utilities , J Exhibit I DOS Letter Dated October 27, 1989 lI Black 8 Veatch Recommendation III Subject Change Order IV PUB Minutes of November 21, 1989 V Ordinance J ~I i 6573U:3 I >a4 ^M N°.p e~! YYY I f Y Des Escnn woes Black b Veatch Page 2 Please do not hesitate to contact us if we may be of further service. Yours truly. { DDS ESCHER WYSS s Frederik R. van der Veen Project Manager I c.c. Z. Burney J. P. Cloot T. P. Taylor E - ~ FVl9lyv ~ I N 1 i i I 1 3 BLACK & VEATCH ENGINEERS-ARCHITECTS TEL. 19151329.2000 ITOO M[AOOW IAKe ►ARAWAY MAIL+NO ADORES! PO BOX NO SIDS KANSAS CITY MISSOURI 04114 City of Denton, Texas Lewlsville sfydroelectrie Project B6 MV V Project 10366 Pile 62.0200 Spare Parts, Training, and Brake System November 60 1469 City of Denton , Municipal Building, 215 east McKinney Denton, Teals 16201 j Attentions Mr. Joe Cherri Centlemens ; DBB"tether Nyea has raspooded to your request to dslgte certain items from their electrical spare parts package, The deleted items reduce the overall package test from 115p00o to 1119000. Our recommendation is that the City purchase both the modified main package (at a price of 1150113) as discussed in our September 269 1909 letter and the modified electrical package (at a price of 1140000), Die has advised us that the revised price for the optional tral!tl:1g progress described in the eoatract to 1150000, Dig indicated that a decision on this should be made soon, One additional item which we had investigated last year is a %?Arsulically operated creep brake systems He is now quoting us a price of 140000 for this system. W recommend that the city purchase this brake system, Out to wicket gate laskaga, the unit will continue to rotate slightly when the wicket gates are closeda This means that the autiliary systems, such to tubs oil supply and cooling water supply will have to continue operating when the unit is dove, thus using power from the rid, Rotation also presents safety problems during Aaintenanee activ~tiea, Very truly yours, BLACK i MATCH D. r, ouyot JAV ~.j eel trnie Tu11os v r. ; CHANGE ORDER/CONTRACT REVISION CITY OF DENTON, TEXAS OWNER DISTRIBUTED TOg OWNER CONTRACTOR I I BID# 9735 CHANGE ORDER NO.: PROJECT: Lewisville Hydroelectric DATED: I I ADDRESS: DBS ESCHER WYSS CONTRACT DATE: December 8, 1987 I 555 rue Notre Dame Lachine I I Quebec, Canada, , H8 H8S 2Bl I I i (514) 485-2700 ~ I I I THIS CHANGE ORDER/REVISION MAKES THE FOLLOWING CHANGES IN THIS CONTRACT. 1. Brake system $ 80000 1. Spare parts for turbine generator 35,415 I 3. Electrical spare parts 140000 f 4. Training 15.000 I I I TOTAL 572,415 I The original (Contract Sum) 1,358,970.00 Net change by previously authorized Change Orders ....S 123,783.60 I The (Contract Sum) prior to this Change order.,...... $ 10482,753.60 ! I The (Contract Sum) will be (increased) (AecuCR)0.'9W) Waa}SnSGsd) by this Change Order 72,415.00 I The new (Contract Sum) including this Change order will be . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S I I The Contract time will be (iRCM&SW (deaMASZd) I 1 (unchanged) by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . DAYS ~r I The date of substantial completion as of the date of this Charge Order therefore is December. 1989 I I I ` I As above City of Denton f i CONTRACTOR OWNER r 901-A Texas Street ADDRESS ADDRESS Denton. T% 76201 1 BY BY I - I DATE DATE f I I 004.DOC ~n. a 4 R Excerpt from Minutes of Public Utilities November 21, 1989 12. CONSIDER CHANGE ORDER EXERCISING THE OPTION TO BUY SPARE PARTS AND TRAINING FROM DOMINION BRIDGE SULZER DBS ESC %W YSS CONTRACT FOR LEWISVILLE HYDROELECTRIC PROJECT. Laney made a motion to approve the change Order in the amount of $72,415 to Dominion Bridge Sulasr, for a contract for a brake system, spare parts for turbine/generator, electrical spare parts and training for Lewisville hydroelectric project. Second by Chew. All ayes, no nays, motion carried. r I I I -T-r - ---r --T-T - 7 i I . I 11111 11 ' 2S1'!L/1SU'9 BID 19977 NO. AN ORDINANCE AUTHORIZING THE EXECUTION OF A REVISION TO A CONTRACT BETWEEN THE CITY OF DENTON AND SUNMOUNT CORPORATION ; PROVIDING FOR AN INCREASE IN THE CONTRACT PRICE: AND PROVIDING AN EFFECTIVE DATE. WIiEREAS, on MAY 2, 1989 , the City awarded a contract for the construction of certain improvements to BONNIE BRAE PAVING 6 DRAINAGE in the amount of $ 91,910.00 and WHEREAS, the City Manager having recommended to the Council that a revision be authorized to amend such contract with respect to the scope and price and said revision being in compliance with the requirements of Chapter 252 of the Local Government Code; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. That the revision to the contract between the City and GnuMnnuppl=p~_. a copy of which is attached hereto, n the amount of NINTY ONE THOUSAND, NINE HUNDRED TEN AND ff _ NO/100 Dollars . 91 970 -nnis hereby approved f and the expenditure of funds therfor is hereby authorized. SECTION II. That this ordinance shall become effective ~ediately upon its passage and approval. PASSED AND APPROVED this the day of 1989. RAY STEP1lENS, MAYOR ATTEST: f JENNIFER WALT'ERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYUVlT'CH, CITY ATTORNEY BY: a, ~a gas ~w veTG w; a • ' A~ I iry of DLNTON, TEXAS 215 E. McKINNEY! DENTON, TEXAS 76201 / TELEPHONE (817) 566-8200 MEMORANDUM DATE: December 1, 1989 TO: Rick Svehla, Deputy City Manager FROM: Jerry Clark, City Engineer SUBJECTr Change Order 01 - Bonnie Brae As with all CIP projects, a rock clause was inserted in the likelihood that storm sewer construction would encounter rock excavation. That estimated contract quantity was 50 cubic yards at $70 per cubic yard. The construction in the Emery Street outfall was almost completely in a rock body. An additional 11313 cubic yards above the 50 cubic yards were excavated. There was no opportunity to get above the rock as the outfall pipe was already installed. j This change order would increase the contract by approximately $92,000. We feel that the rock excavation encountered on this project was not normal as all the recent CIP projects have not needed major change orders of this type. The only way to know the extent of rock excavation is to employ very expensive coring teats. Those tests would run in the range of $5,000 - $20,000 per project. The funding for this change order is available from interest earned on the 1985 Street Bond Issue (434 Fund). r Please submit this change order for approval to rity Council on December 5, 1989. C-Q c~.L Je r Clark 0794E a i s a CITI OF DENTON CHANGE ORDER 1. Division (Department) 2. Purchase Order No. 3. Change Order No. _ public works /Enaineerina Div 90336 1 4. Name of Project 5. Project A:ct No. 5. Date Prepared Bonnie Brae Pay a Draina a 434-002-SB85-8506-9105 11-08-89 7. Name and Address of contractor Sunmount Cor ration - P,O. Box 1770 Roanoke Tx. 76265 0. Description of Work Included in Contract Asphalt paving, curb 6 gutter, storm sewer, and drainage improvements on Bonnie Brae street 9. Changes ordered and reason ordered (List individual changes ass A, B, Co Do etc. A. Additional rock excavation needed to install storm sewer lines, X. W, To M, C, i H 10. Bid Original Contract Revised Negotiated Original Revised Contract Item Estimated Unit Estimated C.0. Unit Estimated Estimated Changes No. Quantity Price Quantity Price Cost Coat A. SP-10 50 CY 70 1,363 CY 3,500 95,410 If B. Co D. Total Total J31500 95 10 11. Original Contract Price 1 424 410.25 Increase in Contract Price 91 910400 New Contract Price 11,516.320.25 Decrease in Contract Price lt. Contract time increased/decreased by 0 days. New contract time days 1 THE AFOREMENTIONED CHANGE, AND WORK AFFECTED THEREBY, IS SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. 13, ISSUED FOR REASONS INDICATED ABO M q ction supervisor Da e I 14. ACCEPTED BY CITY ENGINEERt ~8 Sig a ure Title { D" ate 15. ACCEPTED BY CONTRACTORt aturs Title D~ 16. ASSISTANT CITY MANAGER Slg at Title Date DIRECTOR OF UTILITIESs i Signature Title Date ate CONDITIONS OF APPRO VALi 17. PURCHASING/FINANCE iG' r nature Title Date COUNCIL APPROVAL (If needed) Date 06372 I1 r 9 e_ I c h f i i i 2659L ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING THE 1989 TAX ROLLS; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; SECTION I. That the City Council hereby approves the 1989 Tax ~MTFs of the City of Denton, Texas in the amount of $13,158,743.42 based on the Certified Appraisal Roll as approved District Appraisal Review Board of the Denton Central Appraisal I SECTION II. That this ordinance shall become effective immediate T upon its passage and approval. PASSED AND APPROVED this the day of 1989. f RAY 8TZPREffT-0TMYMU- t ~ i ATTEST: JENNIFER WALTERS, CITY SECRETARY i i APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: I I IL { 1 N+ { t x, 6i F CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: APPROVAL OF 1989 TAX ROLLS RECOMMENDATION: Staff recommends that the Tax Roll for 1989 be approved as submitted by the City of Denton Tax Office. SUMMARY: In accordance with Section 26.09e of the Texas Property ' Tax Code, the governing body of the taxing unit must approve the unit's Tax Roll each year. BACKGROUND: A unit's Tax Roll consists of the Appraisal Roll with the amount of tax entered. Our Appraisal Roll has been approved by the Appraisal Review Board and certified by Joe Rogers, Chief Appraiser for DCAD. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: The Tax Department. FISCAL IMPACT: None. 1 RES FULLx SU TT FD: ~ Llofod V. a r r e City Manager } Prepares by: Name -Vic ch-n-eTd-e-r Title Tax Technician ~ Approved. e o n c rave T tle Executive Director of Finance 633C/3 3 1 I E L- I LA 17 I , M i i DATE: 12/05/89 CITY COUNCIL REPORT FORMAT i TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: ADOPTION OF UPDATED SERVICE CREDITS AND ANNUITY INCREASES RECOMMENDATION: It is recommended that the City of Denton adopt an ordinance authorizing implementation of Updated Service Credits and Annuity Increases under the Texas Municipal Retirement System (TMRS) Act as has been authorized by the City Council in the 1989/90 budget. S UMMARY: ' The adoption of Updated Service Credits would bring our employee's retirement benefits closely in line with their current salary. Retirement benefits would be based on the average 36 month salary preceding January 10 1989 (years 1986, 1987 and 1988). BACKGROUND: 1 As a part of the 1989/90 compensation package, the City Council approved the adoption of Updated Service Credits and Annuity Increases within the Retirement Program. The City is presently contributing to the Retirement Program to provide 52 of an r employee's salary which means a 2 to 1 matching ratio benefit to employees. The TMRS Act provides member cities the opportunity to adopt Updated Service Credits and Annuity Increases on an annual basis. The adoption of Updated Service Credits on a regular basis ` enables cities to upgrade their retirement benefits to be more responsive to the effects of inflation. h If the City adopted this provision, the following would occur: f o Benefits would be calculated based on the members' average J monthly salary for the three years (1986, 1987, 1988), prior to adopting the Updated Service Credit ordinance (January 1, 1990). o Benefits will be based on the January 1, 1990 deposit rate estimated at 5.24% by TMRS. I o Benefits would be calculated based upon a 2 to 1 matching ratio in effect on January 1, 1990. The contribution rate for adopting updated Service Credits is .03%. J Our overall contribution rate for the 1988/89 budget year is 5.77%. The 1969/90 rate has been recalculated by TMRS to be 5.241. This significant decrease in cost is attributed to the increased number of resignations that occurred this year. 1 I u>xwe ifp Crov.Y-~ "r City Council Report Format Page3 Respe ulllyy Submittedi Prepared byi Lloyd V. Harrell City Manager City Manager J Thomas W. Klinck, Director Personnel/Employee Relations Approvedi a J. Betty , Executive Director Municipal. ervices/Economle Development 5074P 112089:0500 j { S I 1 'h A 3 2860L ORDINANCE NO. AN ORDINANCE AUTHORIZING AND ALLOWING UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN SAID SYSTEM FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO PRESENTLY ARE IN THE EMPLOYMENT OF THE CITY OF DENTON; PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE ANNUITIES FOR RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF THE CITY; AND ESTABLISHING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. Authorization of Updated Service Credits. . ~ (a) On the terms and conditions act out in Sections 63.401 through 63.403 of Title 110B, Revised Civil Statutes of Texas, 1925, as amended, each member of the Texas Municipal Retirement System who has current service credit or prior service credit in said System in force and effect on the 1st day of January, 1989, by reason of service in the employment of the City of Denton, and on such date has at least 36 months of credited service with said system, shall be and is hereby allowed "U dated Service Credit" (as that term is defined in subsection (d~ of Section 63.402 of said title) in an amount that is 100% of the "base Updated Service Credit" of the member (calculated as provided in subsection (c) of Section 63.402 of said title). The Updated Service Credit hereby allowed shall replace any Updated Service Credit, prior service credit, special prior service credit, or antecedent service credit previously authorized for part of the same service. v (b) On the terms and conditions set out in Section 63.601 of said titlo, any member of the Texas Municipal Retirement System who is eligible for Updated Service Credits on the basis of service with this City, and who has unforfeited credit for prior service and/or current service with another participating munici- pality or municipalities by reason of previous service, and was a contributing member on January 1, 1989, shall be credited with Updated Service Credits pursuant to, calculated in accordance with, and subject to adjustment as set forth in said 63.601. (c) In accordance with the provisions of subsection (d) of Section 63.401 of said title, the deposits required to be made to the Texas Municipal Retirement System by employees of the several participating departments on account of current service shall be calculated from and after the date aforesaid on the full amount of such person's earnings as an employee of the City. ~ i SECTION II. Increase in Retirement Annuities. (a) On terms and conditions set out in Section 64.203 of Title 110B, Revised Civil Statutes of Texas, 1925, as amended, ~a F~ f ~ . the City of Denton hereby elects to allow and to provide for pay- ment of the increases below stated in monthly benefits payable by the Texas Municipal Retirement System to retired employees and to beneficiaries of deceased employees of this City under current service annuities and prior service annuities arising from service by such employees to this City. An annuity increased under this Section replaces any annuity or increased annuity previously granted to the same person. (b) The amount of annuity increase under this Section is ccmputed as the sum of the prior and current service annuities on the effective date of retirement of the person on whose service the annuities are based, multiplied by 70% of the percentage change in Consumer Price Index for All Urban Consumers, from December of the year immediately preceding the effective dare of the person's retirement to the December that is 13 months before the effective date of this ordinance. I (c) An increase in an annuity that was reduced because of an option selection is reducible in the same proportion and in the same manner that the original annuity was reduced. (d) If a computation hereunder does not result in an increase jl in the amount of an annuity, the amount of the annuity will not be changed hereby. (e) The amount by which an increase under this Section exceeds all previously granted increases to an annuitant is an obligation of this City and of its account in the municipality accumulation fund of the Texas Municipal Retirement System. SECTION III. Subject to approval by the Board of Trustees of Texas un c p:7 Retirement System, the updated servico credits and increases in retirement annuities granted hereby shall be and become effective on the 1st day of January, 1990. Passed and approved this the day of December, 1989. KAY STEMNSI MAYOR I ATTEST: JENNIFER WALTERS, CITY SECRETARY F G APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY, l F 1 1 kJ y } r:° v is DATE; 12/5/89 ; CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the Cit L y Council FROM Lloyd V. Harrell, City Manager SUBJECT: ADOPTION OF TMRS PROBATIONARY CREDIT RECOMMENDATION: It is recommended that the City of Denton adopt an ordinance ~i authorizing implementation of Probationary Credit under the Texas Municipal Retirement System (TMRS) Act. SUMMARY: The adoption of Probationary Credit provides that an employee who performs service as a probationary employee for the City prior to September 1, 1989, and was not granted TMRS credit during the probationary status, to obtain prior service credit for the probationary period not to exceed six (6) months. ` BACKGROUND; fj Effective September I, 1989, the Legislature enacted Houne Bill 1885 II that amended the law governing TMRS. The amendments provide: E E I 1. Redefinition of the term 'employee' which allows those employees serving on a probationary basis to be enrolled as TMRS members, R 2. Municipalities to grant 'prior service credit' to employees for a period of the probationary employment before they were enrolled as TMRS members tWesea September 1 and ' presently researching nearly 50 employees entitled to the TMRS Probationary Credit previously excluded during their I probationary status (not to exceed six months). An employee may apply for TMRS Credit by filing a statement of Service within one (1) year of the effective date of the TMRS Probationary Credit Ordinance, PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: f The adoption of the TMR3 Probationary Credit will affEct those employees identified that have been excluded from the TMRS Probationary Credit due to their probationary statue. PISCAL IMPACT. As projected by an actuarial study conducted by TMRS, the ultimate coat for the TMRS Probationary Credit will be absorbed within the current and future TMRS Service Credit updates on the total employee j enrollment and their respective employment dates. According to Eric Davis of TMRS, there is no identified incremental cost for this enhancement. 0.YAa fr•~ ' Mayor and Members of the City Council 9 December 5, 1959 Page 2 The employee will not have to pay for the credit to hie/her account for the earlier ommitted period. This benefit in actuality restores those employees who were arbitrarily discriminated against due to the TMRS regulatory constraints. i Res fully sub i tedi Pre red b t Lloyd V. Harrel l7c City Manager Thomas A. Klinck, Director Personnel/Employee Relations App Betty Ke i Executive Director Municipal Services/Economic Development Attachment 5074P i I F I TIN q' iN iILKM.~ /wI TEXAS MUNICIPAL RETIREMENT SERVICE November 30, 1989 Ms. Paulette Owens-Holmes Personnel/Eniployee Relations Dept. City of Denton 324 E. McKinney St. Denton, Tx 76201 SUBJECTS Probationary Prior Dear Paulette$ Service Credit The adoption of an ordinance une..er the provisions of HB1885 would result in increases in the actuarial liability and in the City contribution rate, which would be expected to be relatively small. Of course, the increases would vary depending primarily upon when the practice of prohibiting membership in TMRS until the end of a probationary period was discontinued, how long the probationary period was, how many members would be affected, and the plan of benefits in effect. It is expected that the increase in the City contribution rate would usually be less than a.20 per cent of covered payroll. Because the City of Denton previously discontinued this practice, there will be a limited number of employees eligible to apply for this prior service credit. The amount of credit is limited to a maximum of six months, and eligible employees may only apply for the number of months actually spent as a J probationary employee, so the increase in the actuarial } liability is relatively small. j Sincerely, F M s k Eric Davis Administrative Assistant r' I T-W .1w Y l r Y 286OL-3 ORDINANCE NO. AN ORDINANCE GRANTING TO CITY EMPLOYEES ADDITIONAL RIGHTS AND CREDITS IN THE TEXAS MUNICIPAL RETIREME14T SYSTEM AS AUTHORIZED BY SECTION 63.303 SUBTITLE G, TITLE 1108, REVISED CIVIL STATUTES, AS ENACTED BY HOUSE BILL 1885, ACTS OF THE REGULAR SESSION OF THE 71ST LEGISLATURE. BE IT ORDAINED BY THE CITY COUNCIL OF DENTON, TEXAS SECTION I. Any employee of this City who is a member of the Texas -Ffu--n c sal Retirrinent System and who performed service as a probationary employee for this City prior to September 1, 1989, for which the ;employee did not receive credited service in the System because the person, as a probationary employee was not en- rolled as a member of the System during the period of probation- j ary employment is h.iroby allowed to obtain prior service credit for the period of such probationary service (not in excess of six months), pursuant to the provisions of Section 63.303 of Subtitle G, Title 110B, Revised Civil Statutes, as enacted by House Bill 1885, Acts of the Regular Session of the 71st Legislature. SECTION II. To obtain prior service credit allowable under Section o this ordinance, any employee entitled thereto shall file a detailed written statement of the service claimed with the City Secretary within one year from the effective date of this forrdinanc her ere. The and Secretary forward retain a to copy of Dithe rector of Personnel/Employee Relations. SECTION III. As soon as practicable after the employee has file a c iTm the prior service credit under Section 63.303, Subtitle G of the Government Code, the City Personnel Director shall, if said officer determines that such service was performed as claimed, verify the prior service allowable (not exceeding six months) and the average monthly compensation paid the member during the period of probationary employment, and shall certify to the Board of Trustees of the System the creditable I prior service approved, and the average monthly compensation paid to the nt erson by the City during the period of probationary em- 1 This ordinance shall become effective on the 1st day of 19 1 i ~h I 1 i t Passed and approved this the day of , 19 . RAY PHE , MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY j APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY SECRETARY BY: I ' I 1 f i i {E 1 ,J LJEJEJ= i I 1 1 TirT= 1 i 5 I■~ r 1 b 7 ~t December 5, 1989 CITY COUNCIL AGENDA ITEM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL 1 FROM: Lloyd Harrell, City Manager SUBJ: CONSIDER RESOLUTION APPROVING MEMORANDUM OF AGREEMENT WITH THE CORPS OF ENGINEERS (COE) FOR ESTABLISHING OPERATION PROCEDURES FOR LEWISVILLE HYDROELECTRIC PROJECT, FERC NUMBER 3940, l1 RECO*IENDATION: The Public Utilities Board, at their meeting of November 21, 1989, recommended to the City Council approval of subject agreement. I SUMMARY/BACKGROUND: f On December 14, 1988, the Cities of Denton and Dallas had entered j into Supplemental Agreement No. 1 to amend the Untreated Water Contract, which is dated August 7, 1985, in regards to Lewisville Hydroelectric Project. On February 10, 1989, the City of Denton had entered into Memorandum j of Agreement (MOA) with the COE for access and site activities at Lewisville hydroelectric project. According to Article V of the signed MCA, and Article 39 of the FERC license, the City of Denton agrees to enter into operating agreement with the COE describing the mode of the hydropower operation during construction, as well as after completion. The Lewisville Reservoir 1s presently being operated for COE flood control, water conservation, and recreation purposes. The City of Dallas regulates the water supply releases from the conservation pool. That regulation is effected through the operation of the COE's control valves on the 60" low-flow discharge pipes. At reservoir stages above and below the conservation pool, the COE controls all releases. At elevations below conservation pool, Dallas directs the Corps of Engineers on Dallas' daily releases requirement. The hydroelectric plant would generate energy from flows released from the reservoir multi-purpose operation. The plant would not be i dependent on any modification to existing release rates. Benefits from the hydro plant shall be maximized by the COE's adoption of the operating rules that specify the hydraulically optimum use of the low-flow discharge pipes prior to, and during operation of the 16' diameter flood conduit, since flow released through the large conduit (16') will bypass the hydro plant, The "Regulating Plan" summarizes the hydro plant operation during low, normal, high and flood releases. The method of release will depend upon the elevation of Lake Lewisville; whether the release 1s for conservation or flood control; and whether the flow rate is j useable for generation. 1 I 1 CC Agenda Item Page 2 The City will operate the hydro plant by using a Supervisory Control System at Denton's Spencer Plant. All releases will be according to COE operating requirements. On a daily basis, COE shall inform the City of the required water release rates, and then the City shall adjust the hydro wicket gates to allow the required release rates. In order to maximize hydropower generation, the City shall furnish COE a remote control for their low-flow motorized valves. r~ Accordingly, if the required release rates are grater than the maximum capacity of the turbine (623 cfs), and less than the COE spill mode (1000 cfs), the releases will be passed simultaneously through the COE's outlet works and the hydro plant. PROGRAMS, GROUPS OR DEPARTMENTS AFFECTED: Electric costs for water and sewer rate payers, Electric Utility Department for maintenance and operation. j j FISCAL IMPACT: The project is in the Capital Improvement Plan in the amount of R $3,953,000. Tho unit will generate approximately 12,000,000 KWH annually. l Re fu11ly/sut~A~'fed, iT arre y Manager Prep ed/ p r ed , . E. Nelson, Executive Director Department of Utilities Exhibit I Operating Agreement II Resolution III PUB Minutes of November 21, 1989 I 6573U:8-9 77 r U a i 2839L RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND THE DEPARTMENT OF THE ARMY, CORPS OF ENGINEERS ESTABLISHING PROCEDURES FOR HYDROPOWER OPERA- TION AT LEWISVILLE DAM; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. The City Manager is authorized to execute an agreement the City of Denton and the Department of the Army, Corps of Engineers establishing procedures for hydropower operation by the City of Denton under the terms and conditions contained in the agreement attached hereto. SECTION II. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _ day of , 1989. C I PLAY STEPHENSO MAYOR I ATTEST: JENNIFER WALTERS, CITY SECRETARY I APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: i Ll/ 1~ low a r . 1 O ' MEMORANDUM OF AGREEMENT ESTABLISHING PROCEDURES FOR HYDROPOWER OPERATION BY THE CITY OF DENTON PURSUANT TO FEDERAL ENERGY REGULATORY COMMISSION LICENSE- ; ~ EXISTING DAM FERC PROJECT NO. 3940 , This Agreement, entered into this day of 19 by and between the DEPARTMENT OF THE ARMY, Corps, Engineers (hereinafter referred to as the "Corps", acting by and through the Southwestern Division Commander, and the City of Denton, Texae (hereinafter referred to as the "COD"), acting by and through its City Manager, WITNESSETH, THAT: WHEREAS, the United States is the owner and operator of Lewisville Lake, the associated lands and appurtenant works located on the Elm Fork of the Trinity River, a navigable waterway of the United States in Denton County, Texas; and, WHEREAS, COD was issued a license on March 27, 1984 by the Federal Energy Regulatory Commission (FERC) to construct, operate and maintain hydroelectric facility, project number 3940, at Lewisville Dam located on the Elm Fork above Lewisville, Texas; and WHEREAS, the Fort Worth District Corps of Engineers is responsible for the daily operation and integrity of Lewisville Dam; and WHEREAS, Article 39 of the FERC License r(quires COD to enter into Memorandum of Agreement with the Corps, describing the mode of hydropower operation, design, and construction as acceptable to the Corps; and f ( I Y R 1' LEWISVILLE OPERATING PLAN PAGE 2 WHEREAS, COD has entered into Supplemental Agreement No. 1 on December 14, 1988, with the City of Dallas to amend the Untreated Water Contract which is dated August 7, 1985. According to the supplemental agreement, Dallas will not exercise its right to transport water in a pipeline from Lewisville Lake to Elm Fork Water Treatment Plant, until the year 2005. Dallas will not object to Denton's installation of a hydroelectric turbine generator on the Lewisville Lake low flow conduits which are utilized by the City of Dallas for water supply releases; and WHEREAS, CCD agrees to provide at no cost to Dallas a blind flange connection upstream from the hydroelectric unit for Dallas to connect a pipeline for Dallas' future use; and i I NOW THEREFORE, the parties agree as follows; ARTICLE I RIGHT TO REVIEW AND REVISE The Corps and COD recognize that this Operating Agreement is subject to review from time-to-time upon request of either party as operating experience is gained and conditions warrant. l This Operating Agreement shall remain in effect until revised by mutual consent. I ARTICLE II - PHYSICAL LOCATION AND DESCRIPTION The Hydropower Project, described in the FERC license, includes one 2,128 kw horizontal-axis hydroelectric generating unit. An outdoor-type substation is located adjacent to the powerhouse to step ip the generator voltage to 24.9 kv, The powerhouse is to be located approximately 55 feet { east of the existing discharge channel to the Elm Fork River. The outside dimensions of the main powerhouse are approximately 42 feet wide by 42 feet long. The penstock will consist of two 60-inch diameter pipes running from i , j J t ~tt 1 1 7 R LEWISVILLE OPERATING PLAN PAGE 3 the existing outlet works valve pit. The two 60-inch diameter penstock will converge to a single 84-inch diameter penstock running to the turbine inlet. A tailrace will be required to direct turbine discharges through the new channel to Elm Fork River. ARTICLE III - COOPERATION COD agrees to Operate the Hydropower Project according to ` the Corps operating requirements. The Hydropower Project will be operated to protect Federal interests, including, but not limited to, the flood control impoundment and flood release capability of Lewisville Dam. The Corps agrees to cooperate in the operation of the Hydropower Project, provided such operation is consistent with Federal interests and with the Corps' responsibilities for I~ maintaining the flood control function of the project. The Corps shall inform COD of all release rates through the { hydroelectric project. ARTICLE IV - OPERATIONAL REQUIREMENTS -SECTION A. GENERAL COD agrees that Lewisville Lake is presently being operated for flood control, water conservation, and recreation purposes. The City of Dallas is permitted to request normal water supply releases from the conservation pool. That requested releases are affected through the operation of the control valves on the two 60 - inch flow discharge pipes. At Lake stages above the top of the conservation pool (elevation 522.0 N.G.V.D.), the Corps takes over all control of lake releases. The proposed hydroelectric installation would generate energy from flows released for the lake multipurpose operation. The proposed operation of the hydroelectric powerhouse shall not modify the existing release rates for the Lewisville Lake. it In order to meet the Contractual obligations under Contract No. DA41-443-ENG-2453 for downstream water supply requirements of t City of Dallas, the Corps retains control over the releases from the Project. r-1%ould the required releases not be effected through the turbine, the Corps retains the right to make said releases through the Corps' low flow outlet works. i ir low T z LEWISVILLE OPERATING PLAN 1 PAGE 4 SECTION B. SPECIFIC OPERATIONAL DETAILS 1 1. The Corps is responsible for the operation of Lewisville Dam and Lake. Under this Operating Agreement, the Texas Water Commission, and the supplemental agreement No. I with Dallas, the Hydro Project shall be operated as a ` run-of-river project. The Corps shall control the existing Corps' valves remotely from the Lewisville project tower house Hydroelectric Plant opei :ion shall be fully automatic using a Supervisory :ontiol system for the wicket gates, turbine/generator, and bypass valve. The remote control system will allow COD to monitor releases through the powerhouse. f 2. After a through review of the application for a license under part 1 of the Federal Power Act, the design of the Hydropower Project is consistent with the I engineering standards governing dam safety. An environment assessment was issued with a finding of no significant impact on the environment , and FERC also concluded that F the Hydropower Project is properly designed to comprehensively develop the hydropower potential of j Lewisville Dam and Lake, and the Elm Fork River. i 3. Attachment I "Regulating Plan" summarizes the operation modes during normal, high, and flood releases. The method of release will depend. upon the elevation of the lake; whether the release is for conservation or flood control; and whether the flow rate is usable for generation. 1 4. COD agrees to notify the Corps as soon as possible whenever the generating unit has a forced outage. 5. COD agrees to permit the Corps to take whatever emergency action is needed to prevent or reduce a hazard to ' human life, and to prevent significant fluctuation of Lewisville Reservoir. i i ~I LEWISVILLE OPERATING PLAN PAGE 5 6. The Corps has the authority to direct COD to stop Hydropower Project operation so that maintenance or repairs may be affected to any part of the outlet works and outlet works channel, should such be deemed necessary. The Corps will provide as much prior notice as possible for any such outage. ARTICLE -V - INSPECTION COD shall permit the Corps to inspect the Hydropower Project as a part of the Corps' Periodic Inspection and Continuing Evaluation of Completed Civil Works Structure Program. Any operational deficiencies or difficulties detected by the Corps will be immediately reported to COD and FERC. When operational practices or deficiencies may k result in a situation causing imminent danger to the Corps operation, the Corps has the authority to direct COD to stop Hydropower Project operation and/or take appropriate i action to resolve the problem. r I ARTICLE VI - COMMUNICATION NETWORKo INFORMATION EXCHANGE, AND REPORTING AND REPORTING i COD agrees to maintain communications between the Corps operating personnel by means of a direct circuit or other direct means of communications, as directed by the District, to coordinate the operation of Hydropower Project. i ARTICLE VII - MAINTENANCE RESPONSIBILITIES 1. Responsibilities for maintenance of various facilities associated with the Hydropower Project will be divided between COD and the Corps as follows. A, COD will maintain at its sole cost the followings 1. Powerhouse and substation, including the fenced area of the site; i I I R LEWISVILLE OPERATING PLAN PAGE b 2. New penstock at all times, and the Corps' parking lot when damaged or disrupted by activities of COD; 3. The powerhouse discharge channel; 4. Any signs or public information facilities constructed by COD for its purposes. 5. All maintenance to the existing Corps Outlet Works Structure and Conduit, Stilling Basin, and Discharge Channel resulting from operation of the hydropower facilities. B. The Corps will maintain at its sole cost the following: 1. Recreation and public access facilities, including signs, trails, stairs, observation/fishing platforms, restrooms and parking lots, whether original or constructed by COD as part of the Hydropower Project; 2. A,%y signs or public information facilities constructed for the Corps' benefit; 3. The normal maintenance of the existing Outlet Works Structure and Conduit, Stilling Basin and Discharge Channel; ' 2. Nothing in this agreement will preclude COD or the Corps from contracting with each other to perform specific maintenance activities, regardless of which agency is ultimately responsible for the cost. i I LJ i LEWISVILLE OPERATING PLAN PACE 7 ARTICLE VIII - OTHER PROVISION Nothing in this Operating Agreement shall be deemed as a waiver of any requirement or obligation set forth in the order Issuing License issued March 27, 1984 by the Federal Energy Regulatory Commission, or any amendments to the license. UNITED STATES CITY OF DENTON DEPARTMENT OF THE ARMY BY: By: Robert C. Lee Lloyd Harrell Brigadier General, U.S.A. City Manager Division Engineer City of Denton, Texas Attachment: Regulating Plan 11/9/89 LLOPAGR i 4 APPAM AS TO FOAM: ON QR 0". TOMS BY., i i E i I _i NNI 4 s p Y T ATTACHMEN'T' I REGULATING PLAN FOR LEWISVILLE HYDROELECTRIC PROJECT J This Regulating Plan his been prepared as part of the plans and specifications for the Lewisville Hydroelectric Project, in accordance with Article 39 of the Federal Energy Regulatory Commission ("FERC") license for the Lewisville Hydroelectric Project No. 3940 issued March 271 1984, and extended until March 27, 1988. To meet the Corps of Engineers requirement, the City of Denton had entered into Supplemental Agreement No. 1 on December 140 1988, with the City of Dallas to amend the Untreated Water Contract which is dated August 71 1985. The plan is divided into two sectionsi Section I describes design modes during operation of the Lewisville Hydroelectric Project, and Section Ii describes reservoir flow diversion and regulation requirements for operations of Lewisville Lake during i construction of the Hydroelectric Project. E 1 i r 1 ' y I I ` Lewisville Regulating Plan Page 2 I. REGULATING PLAN DURING OPERATION F A. General The Lewisville hydroelectric project will have ten release modes: low, operating, operating and spill, flood, low-to-operating, operating-to-low, operating-to operating and spill, operating and spill-to-operating, operating and spill-to-flood, and flood-to-operating and spill. These modes are discussed below. ' H. Low Flow Mode During low flow mode, less than 150 cfs, releases will be passed through the Corps outlet works. In this mode, the various parts of the facility identified i below will be in the status indicated: Part of Facility Status/Party Responsible 1. Outlet work intake structure Open/Corps f slide gates. 2. 16-foot flood control conduit Closed/Corps 3. Two 48-inch Corps valves Open/Corps 4. Two 60-inch COD valves Closed*/Denton 5. Turbine/generator Off/Denton 6. 36-inch bypass valve Closed/Denton I~ * Optional-May be left open C. Operating Mode During the normal operating mode, 150 to 623 cfs, releases will be passed through the turbine. In this mode, the various parts of the facility identified below will be in the status indicateds Part of Facility Status/Party Responsible 1. Outlet works intake Open/Corps structure slide gates 2. 16-foot flood control conduit Closed/Corps j 3. Two 48-inch Corps valves Closed/Corps 4. Two 60-inch COD valves Open/Denton 5. Turbine/Generator on/Denton 6. 36-inch bypass valve Closed/Denton E I t Lewisville Regulating Plan Page 3 D. Operating And Spill Mode During high. releases greater than 623 cfs and less than 1,000 cfs, releases will be passed through the Corps outlet works and turbine. In this mode, the various pacts of the facility identified below will be in the status indicated: Part of Facilit Status/Party Responsible f 1. Outlet works intake open/Corps h structure slide gates Closed/Corps 2. 16-foot flood control conduit Open/Corps F 3, Two 48-inch Corps valves Open/Denton 4. Two 60-inch COD valves On/Denton /asss tvalve Closed/Denton G5.. 36-inch byp byp E. F100_ d_ Made During flood mode greater than 1,000 cfs, releases will be controlled by the Corps. In this mode the various parts of the facility identified below will be in the status indicated: Status/Party Res onp slble Part of Facility As required by Corps ~ 1. Outlet works intake structure slide gates Coc orps 2. 16-foot flood control conduit As required by Cs ' 3. Two 48-inch Corps valves 4. Two 60-inch COD valves Closed"/Denton Off/Denton tor 6. 5. 36-inch bypass valve Closed/Denton A Optional-May be left open 11' i k 1 r ~ J Lewisville Regulating Plan Page 4 F. Transition From Low to Operating Mode During transition from less than 150 cfs to 1150-623) cfs, the various parts of the facility identified below will be in the status indicated: Part of Facility Status/Party Responsible 1. Outlet works intake Remain Open/Corps { structure slide gates 2. 16-foot flood control conduit Remain Closed/Corps 3. Two 48-inch Corps valves Close/Corps 4. Two 60-inch COD valves Open/Denton 5. Turbine/Generator Start/Denton 6. 36-inch bypass valve Remain Closed/Denton G. Transition From Operating to Low Mode During transition from 1150-623) cfs to below 150 cfs, the various parts of the facility identified below will be in the status indicated: 1 ` Part of Facility Status/Party Responsible ` 1. Outlet works intake Remain Open/Corps structure slide gates 2. 16-foot flood control conduit Remain Closed/Corps 3. Two 48-inch Corps valves Open/Corps 4. Two 60-inch COD valves Close*/Denton 5. Turbine/Generator Stop/Denton 6. 36-inch bypass valve Open automatically- Closed manually/Denton "Optional - May be left open I i ~I I J f 3 k Lewisville Regulating Plan Page 5 H, Transition from Operating to Operating and Spill Mode During transition from 623 cfs to 1000 cfs, the various parts of the facility identified below will be in the status indicated: Part of Facilit Status/Party Responsible 1. Outlet works intake Open/Corps structure slide gates 2. 16-foot flood control conduit Remain Closed/Corps 3. Two 48-inch Corps valves Open/Corps 4. Two 60-inch COD valves Remain Open/Denton 5. Turbine/Generator On/Denton 6. 36-inch bypass valve Remain Closed/Denton I 1. Transition from operating and Spill to Operating Mode y During transition from 1,000 cfs to operating mode J (150-623 cfs), the various parts of the facility identified below will be in the status indicated: ~ J Part of Facility Status/Party Responsible 1. Outlet works intake Open/Corps f structure slide gates 1 2. 16-foot flood control conduit Remain Closed/Corps 3. Two 48-inch Corps valves Close/Corps 4. Two 60-inch COD valves Remain open/Denton 5. Turbine/Generator On/Denton Remain closed/Denton 6. 36-inch bypass valve i 1 9 y Lewisville Regulating Plan Page 6 L. Transition from Operating and Spill to Flood Mode For releases from (623-1,000 cfs) to above 11000 cfs, the various parts of the facility identified below will be in the status indicated: Part of Facility Status Party Responsible 1. Outlet works intake As required by Corps structure slide gates 2, 16-foot flood control conduit Open/Corps 3. Two 48-inch Corps valves As required by Corps 4. Two 60-inch COD valves Closed*/Denton 5. Turbine/Generator Stop/Denton 6. 36-inch bypass valve (Open Automatically- Closed Manually) /Denton Optional-May be left open j M. Transition from Flood to Operaing_and Spill i ` For releases from above 1,000 cfs to (623-1000) cfs, the various parts of the facility identified below will be in the status indicated: I I Part of Facility Status/Party Responsible 1. Outlet works intake structure slide gates Open/Corps 2. 16-foot flood control conduit Closed/Corps 3. Two 48-inch Corps valves As required by Corps 4. Two 60-inch COD valves Open/Denton 5. Turbine/Generator Start/Denton 6. 36-inch bypass valve Remain Closed/Denton C i i t 1 k: Lewisville Regulating Plan Page 7 II. REGULATING PLAN DURING CONSTRUCTION A. General Construction of the Lewisville hydroelectric project is proposed to begin in February of 1990, and shall take approximately 12 months to complete. During the first 10 months of construction, lake releases will be made through the existing discharge structure. Thereafter, each of the existing outlet conduits will be out alternatively for two weeks, thus, at least one of the existing conduits will be available for making releases until the tap to the existing low discharge 5-foot conduit is completed. If necessary, release requirements greater than the capacity of one conduit can be made through the 16-foot diameter flood conduit. B. Construction Release Program I The construction release program will be comprised of three phases. 1 Phase 1. I No connection to the Corps outlet conduits. During the construction of the hydro project, the releases from the conservation pool will continue through the existing discharge structure. ` Phase H. Each of the two new 5-foot pipes will be tied to one of the two existing 5-foot outlet work pipes. Work ehall j be scheduled to work on one tie at a time. During this period the release shall pass through the other existing 5-foot outlet pipe. r ' Phase III. At time of high water demand during phase 2, the released may simultaneously be passed through the flood conduit and the existing low flow outlet. 06199011 J { V I 11. CONSIDER CHANGE ORDER EXERCISING THE OPTION TO BUY SPARE PARTS AND TRAINING FROM DOMINION BRIDGE SULZER DBS ESCHER WYSS CONTRACT FOR LEWISVILLE HYDROELECTRIC PROJECT. Laney made a motion to approve the Change Order in the amount of $72,415 to Dominion Bridge Sulzer, for a contract for a brake system, spare parts for turbine/generator, electrical spare parts and training for Lewisville hydroelectric project. Second by Chew. All ayes, no nays, motion carried. 12: CONSIDER ORDINANCE FOR PARTICIPATION FEE TO PROVIDE FOR IMPLEMENTATION OF THE DENTON COUNTY MASTER PLAN FOR REGIONAL WATER AND WASTEWATER SERVICES AND SUPPORT OF THE PLANNING ACTIVITIES OF THE UPPER TRINITY REGIONAL WATER DISTRICT., Frady made a motion to recommend to the City Council approval of the participation fee with the Upper Trinity Regional Water District for the current fiscal year, in the amount of $14,577. Second by Chew. All ayes, no nays. Motion carried. 1 13. CONSIDER MEMORANDUM OF AGREEMENT WITH THE CORPS OF I ENGINEERS COE FOR ESTABLISHING OPERATION PROCEDURES FOR RAY ROBERTS HYDRO PROJECT FERC NUMBER Tullos reviewed this item stating that items 013 and 014 are essentially the same, one representing the Lewisville IV's Hydroelectric Project, one representing the Ray Roberts Hydroelectric Project. He explained the corps of Engineers is very specific and they will tell us how much 1 water to release and when. This Agreement is essentially an agreement of how we are going to operate at different A~ levels. Nelson stated that the City of Dallas and the U Corps and our Legal Department have all reviewed this item. l 1;~ F Laney made a motion to recommend to the city Council approval of subject Agreement. Second by Thompson. All ayes, no nays. Motion carried. At this point, Chairman LaForte had to leave the meeting and turned it over to Vice-Chairman, John Thompson. I 14. CONSIDER MEMORANDUM OF AGREEMENT WITH THE CORPS OF ENGINEERS (COE) FOR ESTABLISHING OPERATION PROCEDURES FOR LEWISVILLE HYDROELECTRIC PROJECT FERC NUMBER 3940. Frady made a motion to include this item for consideration with item 013. Second by Chew. All ayes, no nays. Motion carried. i b. t t I E ~ k r i ' E`V f` Jr." nil il il M444~fflNl I I I I I I I i i i December 5, 1989 CITY COUNCIL AGENDA ITEM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Lloyd Harrell, City Manager WITH THE SUBJ: CONSIDER ENGINEERS F OPERATION AGREEMENT CORPS OF (COE) FOR ESTABLISHING PROCEDURES FOR RAY ROBERTS HYDkOELECTRIC PROJECT, FERC NUMBER 3939. L REC"ENDAT I ON : The Public Utilities Board, at their meeting of November 21, 1989, - recommended to the City Council approval of subject agreement. , SUIWRY/BACKGROUND: On January 25, 1989, the Cities of Denton and Dallas had entered into Supplemental Agreement No. 2 to amend the Untreatc-d Water Contract, I which is dated August 7, 1965s in regards to Ray Roberts Hydroelectric Project. On June 13 1989, the City of Denton had entered into Memorandum of Agreement project. foAccording to Article cYioftithe signed "1111) MOA, and Article 34 of the FERC license, the City of Denton agrees to , f enter into operating agreement with the COE describing the mode of { the hydropower operation during construction, as well as after completion. The Ray Roberts Reservoir is planned for flood control, water poolregul That releases purposes. the Th conservation Dallas the Sei+ teron, supand ply recreation regulation is effected through operation of the wicket gates on the i ~ hydraulic turbine, and through the operation of the control valve on the COE 60" low-flow discharge pipe. At reservoir stages above and below the conservation pool, the COE controls all releases. At elevations below conservation pool, Dallas directs the Corps of Engineers on Dallas' daily releases requirement. The hydroelectric plant would generate energy from flows released for the reservoir multipurpose operation. The plant would not be dependent on any ` modification to existing release rates. Benefits from the hydro f plant shall be maximized by the COE's adoption of the operating rules that specify the hydraulically optimum use of the 1cw flew discharge } pipes prior to, and ':wing operation of the 13' diameter flood conduit, since flow released through the large conduit (13') will bypass the hydro plant. The "Regulating Plan" summarizes the hydro plant operation during low, normal, high and flood releases. The method of release will j depend upon the elevation of Lake Ray Roberts; whether the release is for conservation or flood control; and whether the flow rate is useable for generation. I t x M CC, Agenda Item Page 2 fhe City will operate the hydro plant by using a Supervisory Control System at Denton`s Spencer Plant. All releases will be according to COE operating requirements. On a daily basis, COE shall inform the City of the required water release rates, and then the City shall adjust the hydro wicket gates to allow the required release rates. In order to maximize hydropower generation, the City shall furnish COE a remote control for their low-flow motorized valves. Accordingly, if the required release rates are greater than the maximum capacity of the turbine (160 cfs), and less than the COE spill mode (1000 cfs), the releases will be passed simultaneously through the COE's outlet works and the hydro plant. E PROGRAMS, GROUPS OR DEPARTMENTS AFFECTED: Electric costs for water and sewer rate payers, Electric Utility Department for maintenance and operation. FISCAL IMPACT: The project is in the Capital Improvement Plan in tho amount of $2,326,149. The unit will geeerate approximately 8,400,000 KWH J annually. Tro-yMP-r-ell-, City Manager + i Prepar pv bY, 1 e son, Executive rector Department of Utilities Exhibit I Operating Agreement II Resolution III PUB Minutes of November 21, 1989 I 6573U:C-7 v i i p 'r 2839L RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND THE DEPARTMENT OF THE ARMY, CORPS OF ENGINEERS ESTABLISHING PROCEDURES FOR HYDROPOWER OPERA- TION AT LAKE RAY ROBERTS DAM; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. The City Manager is authorized to execute an agreement a ween the City of Denton and the Department of the Army, Corps of Engineers establishing procedures for hydropower operation by the City of Denton under the terms and conditions contained in the agreement attached hereto. F SECTION II. That this resolution shall become effective imme ate y upon its passage and approval. PASSED AND APPROVED this the day of 1989. RAY I E ' ATTEST: JENNIFER WALTERS, CITY SECRETARY { APPROVED AS TO LEGAL FORM: i DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: '----~it00n s { F low R ~ i i i MRMORANDUM OF AGREEMENT ESTABLISHING PROCEDJRES FOR HYDROPOWER OPERATION BY TOE CITY OF DENTON PURSUANT TO FEDERAL ENERGY REGULATORY COMMISSION LICENSE- EXISTING DAM FERC PROTECT No. 3939 I This Agreement, entered into this day of 19 , by and between the DEPARTMENT OF THE ARMY, Corps of F.agTaeers (hereinafter referred to as the "Corps"), acting by and through the Southwesten Division Commander, and the City of Denton, Texas (hereinafter referred to as the "COD"), acting by and through its City Manager, i WITNESSET8, THAT: i WHEREAS, the United States is the owner and operator of Ray Roberts Lake, the associated lands and appurtenant works located on the Elm Fork of the Trinity River, a navigable I waterway of the United States in Denton County, Texas; and, WHEREAS, COD was issued a license on March 20, 1985 by the Federal Energy Regulatory Commission (FERC) to constructs operate and maintain hydroelectric facility, project number 3939, at Ray Roberts Dam located on the Elm Fork above Denton, Texasi and k M WHEREAS, The Fort Worth District Corps of Engineers is ' responsible for the daily operation and integrity of Ray Roberts Dam; and WHEREAS, Article 34 of the FERC License requires COD to enter into Memorandum of Agreement with the Corps, describing the mode of hydropower operation acceptable to the Corpse and k I 1 F I I S k } P p 1 RAY ROBERTS OPERATING PLAN PAGE 2 i NOW THEREFORE, the parties agree as follows lJ1' ARTICLE -I - RIGHT TO REVIEW AND REVISE The Corps and COD recognize that this Operating Agreement is subject to review from time-to-time upon request of either party as operating experience is gained and conditions warrant. This Operating Agreement shall remain in effect until revised by mutual consent* f ARTICLE II - + PHYSICAL LOCATION AND DESCRIPTION 1 The Hydropower Project, described in the FERC license, includes one 1,000 kw horizontal-axis hydroelectric generating unit. An outdoor-type substation is located it near to the powerhouse to step up the generator voltage to 13.2 kv. i The powerhouse is to be located approximately 30 feet west of the existing stilling basin. A tailrace would extend about 60 feet downstream from the turbine draft tube to the discharge channel of the outlet works stilling basin. The single-unit configuration would entail the connection of a 60 - inch diameter pipe to the blind flanged bifurcation on the low-flow outlet conduit constructed by the Corps. A 195 - foot section of the 60 - inch diameter would connect to the Francis turbine. - ARTICLE In - COOPERATION COD agrees to Operate the Hydropower Project according to r the Corps operating requirements. The Hydropower Project will be oppeerated to protect Federal interests, including, ! but not limited to, tho flood control impoundment and flood release capability of Ray Roberts Dam. The Corps agrees to cooperate in the operation of the Hydropower Project, provided such operation is consistent with Federal interests and with the Corps' responsibilities for maintaining the flood control function of the project. i 1 1 1 { T it 7 t 6 RAY ROBERTS OPERATING PLAN PAGE 3 ARTICLE IV OPERATIONAL REQUIREMENTS SECTION A. GENERAL COD agrees that Ray Roberts Lake will be operated for flood control, water conservation, and recreation purposes. The City of Dallas is permitted to request normal water supply releases from the conservation pool. That requested releases are effected through the operation of the control valve on the 60 - Inch flow discharge pipe. At Lake stages f above the top of the conservation pool (elevation 632.50 N.G.V.D.), the Corps takes over all control of Lake i releases. The proposed hydroelectric installation would generate energy from flows released for the lake multipurpose operation. In order to meet the contractual obligations under contract No. DACW63-80-C-0103 for downstream water supply requirements of the City of Dallas, the Corps retains control over the releases from the project. Should the required releases not be effected through the turbine, the Corps retains the right to make said releases through the Corps' low flow outlet works. SECTION B. SPECIFIC OPERATIONAL DETAILS 1. The Corps is responsible for the operation of Ray Roberts Dam and Lake. Under this Operating Agreement and the Tex.s Water Commission, the Hydro Project shall be operated as a run-of-river project. The Corps shall control the Corps low flow valve which is being supplied by COD. Hydroelectric Plant operation shall be fully automatic using a Supervisory control system for the wicket gates, and turbire/generator. The remote control system will allow COD to monitor releases through the powerhouse. 2. After a through review of the application for a license under part 1 of the Federal Power Act, the design j of the Hydropower Project is consistent with the engineering standards governing dam safety. An environmental assessment was issued with a finding of no significant impact on the environment , and FERC also concluded that the Hydropower Project is properly designed to comprehensively develop the hydropower potential of Ray Roberts Dam and Lake, and the Elm Pork River. -Ir low s A y~ C I V 5 RAY 80BERTS OPERATING PLAN PAGE 4 3• Attachment 1 " Regulating Plan" operation mods during summarizes the The method of release will dependgU and flood releases. Lake# whether the release is for conservationeortfloodf the control; and whether the flow rate is usable for generation. 4. COD agrees to notify the Corps as soon as possible whenever the generating unit is subject to a forced I outage. 5• COD agrees to permit emergency action Isneeded tto preps vent reducetavhazard to 1 human life, and to prevent significant fluctuation of Ray Roberts Reservoir. I 6. The Corps has the authority to direct COD to stop Byropower Project operation so that maintenance or repairs may oe effected to any part of the outlet works and E outlet works channel, should such be deemed necessary. The E Corps will provide as much prior notice as such outage. possible for any 1 i I ARTICLE V - INSPECTION 1 1 COD shall permit the Corps to ins Hdrop Project as a part of the Corps' Periodiceinspecttionrand 1 Continuing Evaluation of Completed Civil Works Structure Program. Any operational deficiencies or difficulties detected by the Corps will be immediate) reported t 't and FERC. When operational practices or deficienciesomayD result in a situation causing imminent da the Corps' operation, the Corps has nger to the authority to direct he Co actionytoorresolverthecproblemtion and/or take apj oprfate f M ARTICLE, VI - COMMUNICATION NEivoRR, INFO t 4 AND REPORTING RMATION EXCBONGE, I I COD agrees to maintain communications between the Corps , operating personnel by means of a direct circuit or other direct means of , District, to coordinate ctheooperation oftHydrro the Y power Project. I i , w I f RAY ROBERTS OPERATING PLAN PAGE 5 a ARTICLE VII - MAINTENANCE RESPONSIBILTIES 1. Responsibilties for maintenance of various facilities associated with the Hydropower Project will be divided between COD and the Corps as follows. A. COD will maintain at its sole cost thie followings 1. Powerhouse and substation, including the i I ^ fenced area of the miter 11 2. New penstock at all times, 3. The powerhouse discharge channel; I 4. Any signs or public information facilities constructed by COD for its purposes. 5. All maintenance to the existing Corps Outlet Works Structure and Conduit, Stilling Basin, and Discharge Channel resulting from !I operation of the hydropower facilities. I 1 B. The Corps will maintain at its sole cost the r ; followings I 1. Recreation and public access Eacilitiese ` including signs, trails, stairs, / observation/fishing platforms, restrooms and parking lots, whether original or j constructed by COD as part of the Hydropower Projects 2. Any signs or public information facilities constructed for the Corps' benefit; 3. The normal maintenance of the existing Outlet Works Structure and Conduit, Stilling Basin and Discharge Channel; f r"~ 2. Nothing in this agreement will preclude COD or the Corps from contracting with each other to perform specific maintenance activities, regardless of which agency is ultimately responsible for the cost. _f p •t r s RAY ROBERTS OPERATING PLAN PAGE 5 i ARTICLEViII - OTHER PROVISION ^ Nothing in this Operating Agreement shall be deemed as a waiver of any requirement or obligation set forth in the Order Issuing Licenae issued March 20, 1985 by the Federal Energy Regulatory Commission, or any amendments to the license. CITY OF DENTON UNITED STATES DEPARTF.ENT OF THE ARMY BY: BYs_ Robert C. Lee Lloyd Harrell Brigadier General, U.S.A. City Manager h Division Engineer City of Denton, Texas i Attachments Regulating Plan V MOAREV ' 1 + i I j LJ f } r r . S REGULATING PLAN FOR RAY R08ERTS HYDROELECTRIC PROJECT This Regulating Plan has been prepared as part of the plans and specifications for the kay Roberts Hydroelectric Project in accordance with Article 34 of the Federal Energy Regulatory Commission (FERC) license for the Ray Roberts Hydroelectric Project No. 3939 issued March 20, 1985, and extended on April 24, 19B6. The plan is divided into two sections:Section 1 describes design modes during operation of the Ray Roberto Hydroelectric Project, and Section II describes reservoir flow 1 diversion and regulation requirements for operation of Ray Roberts Lake during ceinstruction of the Hydroelectric Project. I. REGULATING PLAN DURING OPERATIONS A. General The Ray Roberts Hydroelectric Project operated and maintained by COD must be responsive to five scenarios: releases below minimum turbine flow, normal releases, flood releases below 1,000 cfs, flood releases above 1,000 cfs, and emergency shutdown. The five scenarios are discussed below. Flow releases stated are the combined releases through the turbine i i and the Corps low flow release pipe and flood release conduit as are required. B. Releases Below Minimum Turbine Flow (0-38 cfs) 1. Releases in the 0-38 cfs range. COMPONENT POSITION RESPONSIBILITY , Low Flow Gates Open Corps Flood Gates Closed Corps 60" COD Valve Closed COD T-r Wicket Gates Closed COD 48" Low Flow Valve Opened to Corps Req'd Flow 2. Transition from normal releases to releases below minimum turbine flow. COD will inform the Corps that COD will be shutting down the turbine imminently. The Corps will, at that time, open their 48 inch valve to the desired flowrate. The Corps will inform COD that the 48 inch low flow valve is open. COD will shut the turbine down using normal shutdown E procedures. Once the turbine wicket gates are closed, the 60 inch COD valve will be closed by COD. s f i Page 2 II 3.16 Transition from releases below minimum turbine flow to normal releases. Turbine wicket gates have remained in the clos:d position. COD will open fill valve and fill ' penstock if needed. COD will open 60 inch COD valve full open. COD will proceed to normal turbine-generator start-up procedures, opening wicket gates cc desired releass flow-rate. COD will inform the Corps that the turbine is passing the desired F f1c,+rate. The Corps will regulate their 46 inch low flow valve as required. C. Normal Releases (39-525 cfs) i h 1. Operation in the 39-160 cfs range. COMPONENT POSITION RESPONSIBILITY o~FTow Gates Open Corps Flood Gates Closed Corps 60" COD Valve Fully Cpen COD T-G Wicket Gates Open to Req'd COD Flow 48" Low Flow Valve Closed Corps r 2. Operation in the 161-525 cfs range. COMPONENT POSITION RESPONSIBILITY I ` G Low FT-ow Gates Open Corps Flood Gates Closed Corps 60" COD Valve Fully open COD T-G Wicket Gates Open to keq'd COD Flow 48" Low Flow Valve Open to Req'd Corps Flow 3. The transitions to and from normal releases from ' the low flow extremes are discussed in Section B. h 4. The transitions to and from normal releases from M flood releases below 1,000 cfs are discussed in Section D. Y Page 3 D. Flwd Releases (525-1000 cfs) 1. Operation to 160 cfs maxim,im. COMPONENT POSITION RESPONSIBILITY Low Flow Gates Open Corps Flood Gates Open Corps 60" COD Valve Open COD T-G Wicket Gates Open COD 48" Low Flow Valve Open Corps 2. Transition from normal releases to flood -eleases, 1,000 cfs and below. The Corps will open their flood gates to release the desired flow. The 48 inch Corps valve will remain open. The 60 inch COD valve will remain open and the turbine will continue to operate. 3. Transition from flood releases, 1,000 cfs and below, to normal releases. The Corps will close their flood gates and regulate their 48 inch flow valve as required. The 60 inch COD valve will remain open. c i i E. Flood Releases Above 1,000 cfs 1. Operation during flood stage. COMPONENT POSITION RESPONSIBILITY Low Flow Gates Open Corps Flood Gates Open Corps 60" COD Valve Closed COD T•G Wicket Gates Closed COD 48" Low Flow Valve Open Corps i 2. Transition from flood releases below 10000 cfs to flood releases above 1,000 cfs. The Corps will inform COD of their intention to go to flood stage releases above 1,000 cfs. COD will shut tiie turbine down using normal shutdown procedures. Once the turbine wicket gates are closed, the 60 inch COD valve will be closed by j COD. COD will inform the Corps of their action. Corps will regulate their flood gates to release the desired flow. I i R s Y ~ { r r f . Page 4 3.e Transition from flood releases above 1,000 cfs to flood releases below 1,000 cfs. The Corps will inform COD that they are releasing below 1,000 cfs. COD will crack their 60 inch valve to fill the penstock. COD will proceed to normal turbine-generator start-up procedures, opening the COD 60 inch valve. F. Emergency Shutdown 1. Emergency shutdown procedure. _ COD will noticy the Corps that COD have experienced an emergency shutdown. COD will close the 60 inch COD valve. The Corps will open their 48 inch low flow valve. 2. The transition from the emergency shutdown to normal operations will be as detailed in B. 3 above. II. REGULATING PLAN DURING CONSTRUCTION i A. General Construction of the Ray Roberts Hydroelectric Project is proposed to begin in March of 1990, and take 1 .:pproximately 10 months to complete. The new valves :1 proximately be installed in the valve vaults and the new 60 inch penstock tie-in will be made during the ninth month. i B. Construction Release Program Before Penstock Tie-in i During about the first 8 months of construction, lake releases will continue to be made through the existing outlet works. During Penstock Tie-in The COD will inform the Corps of their intent to install the new valves and make the penstock tie-in. + The Corps will close their lot. flow outlet gates. Valve installation and penstock tie-in will take 1 approximately two weeks. Required releases will be j made through the 13 foot diameter flood conduit regulated by the flood gates. I r Page 5 After the Penstock Tie-in and Before Start-up The COD will inform the Corps that the new valves are installed. The Corps will take appropriate action to make flow releases through the existing outlet works. Turbine Start-up The actions that will be taken during the transition from construction releases to turbine start-up will be the same as detailed in Article B.3 of Section t. RRHYDRO 091389 3 I I E~ 1 i t r. 3 a w t t a 11. CONSIDER CHANGE ORDER EXERCISING THE OPTION TO BUY SPARE PARTS AND TRAINING FROM DOMINION BRIDGE SULZER (DBS) ESCHER WYSS CONTRACT FOR LEWISVILLE HYDROELECTRIC PROJECT. Laney made a motion to approve the Change order in the amount of $72,415 to Dominion Bridge Sulzer, for a contract for a brake system, spare parts for turbine/generator, electrical spare parts and training for Lewisville hydroelectric project. Second by Chew. All ayes, no nays, motion carried. 12: CONSIDER ORDINANCE FOR PARTICIPATION FEE TO PROVIDE FOR IMPLEMENTATION OF THE DENTON COUNTY MASTER PLAN FOR REGIONAL WATER AND WASTEWATER SERVICES AND SUPPORT OF THE PLANNING ACTIVITIES OF THE UPPER TRINITY REGIONAL WATER DISTRICT: Frady made a motion to recommend to the City Council approval of the participation fee with the Upper Trinity Regional Water District for the current fiscal year, in the amount of $14,577. Second by Chew. All ayes, no nays. Motion carried. 13. CONSIDER MEMORANDUM OF AGREEMENT WITH THE CORPS OF ENGINEERS (COE) FOR ESTABLISHING OPERATION PROCEDURES FOR RAY ROBERT'S HYDRO PROJECT FERC NUMBER 3939. Tullos reviewed this item stating that items #13 and #14 are essentially the same, one representing the Lewisville U Hydroelectric Project, one representing the hay Roberts iy U Hydroelectric Project. He explained the Corps of Engineers is very specific and they will tell us how much water to release and when. This Agreement is essentially] i an agreement of how we are going to operate at different levels. Nelson stated that the City of Dallas and the Corps and our Legal Department have all reviewed this "I J item. Laney made a motion to recommend to the City Council j! approval of subject Agreement. Second by Thompson. All ayes, no nays. Motion carried. At this point, Chairman LaForte had to leave the meeting and turned it over to Vice-Chairman, John Thompson. 14. CONSIDER MEMORANDUM OF AGREEMENT WITH THE CORPS OF ENGINEERS (COE) FOR ESTABLISHING OPERATION PROCEDURES FOR LEWISVILLE HYDROELECTRIC PROJECT FERC NUMBER 3940. Frady made a motion to include this item for consideration with item #13. Second by Chew. All ayes, no nays. Motion carried. I~ 1 i