HomeMy WebLinkAbout12-19-1989 IF low
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AGENDA
CITY OF DENTON CITY COUNCIL
December 19, 1989
work session of the City of Denton City Council on Tuesday,
December 19, 1989, at 5:15 p.m. In the Civil Defense Room of
city Hall, 215 E. McKinney, Denton, Texas at which the
following items will be considered:
Agenda Session the
Note: item listed
considered Agenda ofr tthe he Work
Regular Meeting.
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5:15 P.M. 1. Executive session:
A. Legal Matters Under Sec. 2(e), Art. 6252-17
I V.A.T.S.
1. Consider action in Denton County ve,_~iSC
and 1-n -W Flo.7d-
B. Real Estate Under See!. 2(f), Art. 6252-17
V.A.T.S.
C. Personnel/Hoard Appointments Under Sec. 2(g).
Art 6252-17 V.A.T.S.
1. Consider an appointment to the Building Code
Board.
5:45 p.m.
.6 Receive a report on the telephone system from Mel
Horne of Doug Arnold. Ltd.
2. Receive a report and give direction to City staff
regarding solid waste charges and licensing foes.
3. Receive a briefing on and discuss proposed revisions
to the contracts hotel/motel
recipients and the hotel tax ordinance Gandaconsider
extending current contracts through JanUACY, 199Q.
Regular Meeting of the City of Denton City Council on Tuesday,
1989, at
Texa3 Council
whichhathe r following
McKinney, 7:00 p.m.
Denton, in the
Hall, 215 19,
items will be considered:
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City of Denton City Council Agenda
December 19, 1989
Page 2
7:00 p.m.
1. Consider approval of the minutos of the Regular
Session of September 19, 1989, November 7, 1989, the
Joint Session of November 13, 1989, the Fxecutive
Session of November 15, 1989, and the Regular Session
of November 21, 1989.
2. Receive comments from Roy Appleton, Jr., Bill Doig,
and Frank Martine of the Senior Management Council
representing the Denton Chamber of Commerce regarding
the Freeport Amendment.
3. Receive comments from Jesse Coffey regarding the
Freeport Amendment.
j 4. Public Hearings J
i A. }told a public hearing and consider adoption of an 1
ordinance providing for a change from Planned
Development (PD-124) for Single Family Seven
(SF'-7) to Single Family Seven (SF-7). The site
is approximately 7.1156 acres located on the
north side of silver Dome Road, south of Grant
Parkway, and east of Greenfield Parkway. 1
Z-89-017 (The Planning and zoning commission 1
recommends approval).
B. Hold a public hearing and consider adoption of an
ordinance providing for a change from Planned I
Development (PD-109) to Single Family Seven I
(SY-7) for 22.914 acres of land located east of
Audra Estates subdivision, northeast of Mack
Place Subdivision, and northwest of Bellaire
Heights, approximately 1000 feet south of Audra
Lane. Z-69-018 (The Planning and Zoning
Commission recommends approval.
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5. Consent Agenda
Each of those items is recommended by the Staff and
approval thereof will be strictly on the basis of the Staff
recommendations. Approval of the Consent Agenda authorizes the
City Manager or his designee to implement each item in
accordance with the Staff recommendations.
Listed below are bide and purchase orders to be
approved for payment under the ordinance section of the
agenda. Detailed back-up information is attached to the
ordinances (Agenda items 6,A, 6,B). This listing is provided
on the Consent Agenda to allow Council Members to discuss any
item prior to approval of the ordinance.
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City of Denton City Council Agenda
j December 19, 1989
Page 3
A. Bids and Purchase Orders:
1. Bid #1046 -Secretarial Workstations
2. Bid #1047 - Wooden Transmission Pales
3. Bid 01041 - Computer Facility Air Conditioner
4. Bid 01043 - Demolition aad clearing #14
B. Tax Refunds
1. Consider approval of a tax refund for
Talenfeld Real Estate 6 investment.
6. Ordinances
k 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 accepting
competitivc bids and providing for the award of
contracts for public works or improvements.
C. Consider adoption ^f an ordinance providing for
the taxation of property exempt under Article
Vill, Section 1-y, Texas Constitution beginning
with the 1990 tax year.
D. Consider adoption of an ordinance designating and
establishing spoed zones on Loop 288 from Audra
Lane to the 1-35E vest frontage toad: providing
for a penalty of a fine not exceodirg two hundred
dollars and providing a severajility clause.
E. Consider adoption of an ordinance amending
Southview's Development Phasing Schedule
(PD-132). (The Planning and Zoning Commission
recommel.sn approval).
F. Consider adoption of an ordinance awarding a
contract for the purchase of gas from Lone Star
Gas Company: and providing for the expenditure of
funds therefore. (The Public Utilities Board
recommends approval).
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City of Denton City Council Agenda
December 19, 1489
Page 4
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0. Consider adoption of an ordinance awarding a
contract for the transportation of gas to Lone
Star Gas Company; and providing Cox the
expenditure of funds therefore. (The Public
Utilities Board recommends approval).
H. Consider adoption of an ordinance authorizing the
Mayor to execute a contract with Lone Star Oas
Company and the cities of Bryan, Greenville and
Garland for the transfer of gas; and providing
expenditure of funds. (The Public Utilities
Board recommends approval).
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1. Consider adoption of an ordinance awarding a
contract for the purchase of spot gas from
Enserch Gas Company; and providing for the
expenditure of funds therofore. (The Public
Utilities Board recommends approval),
J. Consider adoption of an ordinance of the City of
Denton, Texas, approving payment of the City of
Denton's share of the annual administrative fee
for participation in the Upper Trinity Regional
Water District; and authorizing the expenditure
of funds therefore.
7. Resolutions
A. Consider approval of a resolution granting
approval to the North Texas Higher Education
Authority, Inc. to issue student loan revenue
bonds or otherwise borrow money, use the proceeds
of said bonds or other evidences of borrowing and
make certain findings in connection therewith.
B. Consider approval of a resolution whereby the
City of Denton approves the 1989-90 fiscal year
budget, in accordance with the provisions of
Article 14320 V.A.T.S., as amended, of the Denton
County Emergency Communications District.
C. Consider approval of a resolution recognizing
1990 as the centennial year of the University of
North Texas.
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City of Denton city council Agenda
December 19, 1989
Page 5
securapproval the option of a resolution requesting DART
U. to consider
right-of-way from Lewisville to Denton.
an motion the
Texas
8. Manager Consider to approval
execute of
Historical Commission for services in connection with
the Urban Main Street Program,
9. Miscellaneous matters from the City Manager.
10. Official Action on Executive Session Items:
A. Legal Matters
B. Real Estate
C. Personnel
D. Board Appointments
11. New Business:
This item provides a section for Council Members to
suggest items for future agendas.
~ 12, Executive Session:
G A. Legal Matters Under Sec. 2(e), Art. 6252-17
V.A.T.S.
B. Real Estate Under See. 2(f), Act. 6252-17
V.A.T.S.
C. Personnel/Board Appointments Under Sec. 2(g),
Art 6252-17 V.A.T.S.
C E R T I F I C A T E
I certify that the above notice of meeting was posted on the
bulletin board at the City Nall of the City of Denton, Texas,
on the day of 1989 at _ o'clock
(a.m.)
CITY SECRETARY
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DAT&s 12/19/89
STY CQURS~~BRPOBT_ Fo_RMAT
TOs Mayor and Members of the City Council
PROMS Lloyd U. Harrell, City Manager
SUBJSCTs T&LSPHONS STUDY
R9COMK98J&T. 3
Recommend that the City continue with finalizing a contract with GT&
for the purchase and installation of a new telephone system. CTS
was the low bidder of the four vendor's which responded to the ,
' City's RFP.
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f This new telephone system will have inureased capacity as well as
features such as automatic route zeleo'lon, call detail recording
and reporting, automatic call distrib-ition, voice mail, battery I
backup, music on hold, message waiting light, and TI carrter service.
PAGROUNDs I
This analysis phase of the telephone study was taken after a tariff
audit was conducted that returned to the City $13,500 of over
billings and after all departments were interviewed for their
telephone needs and after receiving responses from four of the +
largest telephone equipment suppliers in the country.
pgQCLR~q._pgPAHTMSNTS OR GROUPS AFY~S~2'~Ds
All departments within the organization.
YJJ.A_IlLAU s I
$497,806 of the $650,000 associated with telephone costa in the
recent CO offering.
Raepso ly etbmit e s
Lloy Y. Harrell
Prepared by. City Manager
Gary Collins
Director of Informstion Services
27808
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ANALYSES OF TELECOMMUNICATION
PROPOSALS FOR CITY OF DENTON
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NOVEMBER 14, 1989
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DOUG ARNOLD, LTD.
15330 L.B.J. FREEWAY, SUITE 301
MESQUITE, TEXAS 73150
J 214-613-1800
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TABLE OF CONTENTS
TITLE MU NO.
1.0 INTRODUCTION 1
2.0 TECHNICAL ANALYSES OF VENDORS AND
PROPOSED SYSTEMS 3
2.1 Synopsis of System Design 3
2.2 Overview of Proposed Systems 4
2.3 AT&T Information Systems 6
2.4 GTE Southwest, Inc. 9
2.5 Rolm Company 12
2.6 Southwostern Bell Telecom 15
3.0 FINANCIAL ANALYSES OF PROPOSED SYSTEMS 1s
4.0 RECOMMENDATIONS 22
TABLE I - SYSTEM PRICING 27
TABLE II - REVISED SYSTEM PRICING 20
TABLE III - SYSTEM MAINTENANCE 29
TABLE IV - COST RELATED PROPOSAL CONDITIONS 30
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1.0 tntroduation
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Based on the decision of the City of Denton to solicit
competitive bids for a new telecommunication system, Doug
Arno}d, Ltd, (DAL) prepared the detailed design criteria for
a system that would Yreet the unique requirements of the
City. This system design was then incorporated into a
Request For Proposal (RFP) that was distributed to qualified
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vendors by the City of Denton Purchasing Division. Four (4)
I proposals were received by the official duo date of
September 5, 1989,
Following is a list of the vendors submitting proposals i
and the telecommunication's systems being offeredi
YENDOA ,SXSTEM_PROPOSED
CITY HALL SVC CENTER 6
` POWER PLANT
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AT&T INFORMATION SYSTEMS, INC. DIFINITY G-1 DM 75 XE
GTE SOUTHWEST, INC. SL-1 NT SL-1 ST
ROLM COMPANY 9751-MODEL 50 9751-MODEL 10
SOUTHWESTERN BELL TELECOM SL-1 NT SL-1 ST
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These four proposals have been analyzed by DAL staff.
Additional information was requested from each vendor in
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` order to clarify specific items in the proposal and to
f provide assurance that the proposals were in compliancs with
the intent of the RFP.
This report contains technical and financial analyses
of the proposals received along with a critique of the
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vendor organization and their ability to properly install
and maintain proposvd system.
Based on the above detailed analyses, DAL has included
its recommendations and possible alternatives.
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Each of the vendors have been given an opportunity to
` make a technical presentation to the City of Denton.
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2.0 Technical Analyses 0[_Ve ore 4 Proposed syeteme
2.1 5-yunsis of System Design
It is proposed that the new telecommunications system
will consist of three (3) fully equipped PBX switches, one
each to be. located at City Hall, the Service Center and the
Power Plant. The City Hall switch will directly serve the
Police Department, Fire Department and Data Processing
Personnel as well as all buildings at the City Hail complex.
The three (3) switches will be interconnected by high speed
(TI) digital links. These links will utilize either fiber-
optics or microwave as the connection medium.
Since the City Hall switch is serving the Police and
Fire Department it will be equipped with a redundant Central
Processing Unit (CPU) as well as backup batteries.
The system will also record billing information on all
long distance calls in order to verify the accuracy of long
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distance charges and to provide a tool for department heads
to better control these expenses.
Another major feature is the addition of Voice Mail
which is designed to help eliminate telephone tag while
providing better service to City employees.
outlying locations such as the Recreation Center,
Animal Control, Airport, outlying Fire Stations, Solid Waste
Disposal, etc, will be served by Off Premise Extensions
(OPX) lines leased from GTE. At the larger locations key
systems will be used to improve service and reduce the ,
number of current OPX lines required.
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The City owns several of these systems at the Service
Center & Power Plant. These will be reused at other
locations since they will become spare when the new PBX
switches are installed at the Service Center & Power Plant.
2.2 Overview of Proposed system
Most modern voice/data systems offer many of the same
features. The three (3) types of systems being considered
in this report, for example, all have features such as call
forwarding, call hold, conference call, speed calling, call
park, least cost routing, call detail recording, direct
inward dial, etc. All of the systems proposed use a uniform
four (4) pair of wires to each station. Any telephone
instrument can be easily moved by merely entering a software
change in the PBX systems computer. All ck the systems
support T1 carriers as an interface between the systems at
E City Hall, Service Center, and the Power Plant.
j In addition, all of the systems have included the
following featuress
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AM - IAUTOMATIC ROUTE SELECTION)
This provides the ability to utilize more than one (1) long
distance service through single digit access and to maximize
the use of lease costly services. This is especially
significant where metro lines are used.
CDR -&-,CDR REPORT Lgi,L DEETAIL Y CQRDINGI
This feature permits the system to collect data on all long
distance calls and to provide periodic reports back to the
various departments.
f BATTERY BACKUP
All systems have offered a battery backup to prevent
interruption of service in case of power failure.
MU3C 4N HOLD
The capability of providing music to a caller while the call
is on hold.
A.QD-I SLTQ1&TIC CjiLT DISTRIBUTIONI
This feature permits the orderly distribution of calls
within specific departments, ouch as Customer Service, that
have a large volume of calls.
~ ~jQICE MAIL
Voice Mail permits a caller to leave a voice message for a
called party when they are unavailable. It has various
other features that improve employee productivity as well as
reduce the infamous telephone tag.
MESSAGE C&UER SERVICE
Basically this service, as included in this proposal,
provides a message waiting light on each telephone. The
service is usually associated with a message center. With
this approach an attendant accepts messages and lights the
message lamp on the users telephone. Also the message
waiting light can be interconnected to the voice mail
service.
4 T CARRIER SERVICE
All respondents have offered tae capability of
interconnecting the three (Z) telephone systems via a high
i, speed digital system referred to as TI Carrier. This
permits the easy transfer of voice and data between
terminals, significantly improvns the quality of each
voice/data call, and allows all major features to operate
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` across this T1 Carrier in a transparent manner. The T1
carriers will operate over microwave or fiber-optic
facilities connecting these three locations,
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The most notable differences between the systems are
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the physical configuration of the telephone instruments,
attendant consoles and data interfacing devices. We are,
therefore, concentrating our report in the areas that the
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systems differ.
Following is a review of the vendors submitting
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proposals and a technical analysis of the telecommunication
systems proposed.
2.1 LT&T INFORMATION SYSTEMS AT&T
i~ AT&T Information systems is the division of American
I Telephone and Telegraph Company that was established
following divestiture for the purpose of selling and
maintaining telephone equipment manufactured primarily by
other divisions of AT&T. It is the largest manufacturer of
telephone equipment in the United States.
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Before divestiture the installation and maintenance of
these systems was handled by the various Bell operating
Companies. Since then AT&T has developed its own
installation and maintenance forces. According to their
proposal, AT&T currently has 10 installation and service
people in the DEW area with two (2) located in the Denton
area. On the negative bide, it should be noted that
although their maintenance rate is fixed for five (5) years,
it is the highest of the proposals evaluated.
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AT&T has guaranteed its post-cutover pricing on
equipment for twenty-four (24) months. It has also offered
no restocking charge for changes made in the equipment for
the first sixty (60) days following cutover. This is
usually the period in which any significant telephone
instrument types or quanity changes are made.
AT&T advises that the system can be cutover within
eight (8) weeks after contract has been signed.
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A check with references submitted by AT&T indicates
that users are well satisfied with the equipment as well as
service response.
AT&T is proposing a new Difinity Generic I to be
installed at the City Hall with Dimension 75s to be
installed at the Service Center & Power Plant.
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AT6T Difinity G 1 and Dimension 75 B
AT&T until recently offered the Dimension 75 for
~ smaller customers and the Dimension 85 for larger customers.
These two systems were quite different in design. The new
Difinity Generic 1 is the first step towards developing a
system that can grow from a small size like the 75 to a
large size such as the 85. The Difinity G1 has a Redundant
Central Processing Unit (CPU) as standard equipment.
The Dimension 75 XE is a smaller version of the
Dimension 75 and serves locations with less critical
requirements. As such it does not have a redundant CPU.
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Both the Difinity and the Dimension have many features
in common. They both are equipped with all of the same
digital instruments. Voice and/or data can be transmitted
from any terminal without changing line cards. They both
have battery backup to protect against outages in case of
power failure.
Both systems are truly non-blocking. This means that
all stations can be carrying conversations or data at the
same time. In other systems, without this design
architecture, it is necessary to rebalance the line cards as
4 usage increases. otherwise it is possible to encounter busy
signals at peak load times. These systems require only
l minimal conditioning, require less floor space and reduced
power consumption.
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They have a Remote Trouble Monitor feature in which the
j system automatically dials the AT&T trouble center when a
alarm condition is detected. With this feature AT&T can
often remotely diagnose a potential case of trouble and have
it cleared before the customer is aware of the problem.
The Call Detail Recording feature allows the collection
of data on station to station calls as well as calls outside
of the system. This feature is not available on the other
syste,ns proposed and can be useful in tracking intra
department call patterns.
The attendant console has Direct Station Selection
(DSS) which permits the attendant to ring a station by
pressing as single button. This also is not available with
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the other systems. Directory Look-up which permits the user
to scan an employee directory in software is also available
from any telephone equipped with a digital readout.
The all digital instruments recommended in this
proposal are as followst
` 7401D _ Single Line With Message Waiting Lamp
1 7406D Five (5) Lines and Nineteen (19) Feature Buttons 1
7407D - Ten (10) Lines and Thirty-One (31) Feature Buttons
/-mil Plus Speakerphone and Digital Display.
' 7410 - Ten (10) Lines or Feature Buttons
I The system as proposed will have Voice Mail. The Voice
Mail system would be located at the City Hall switch, I
However, stations on the other two switches would have their
message waiting light illuminated should a call be left for
that station. This feature is not available on all
f switches.
` 2.4 "L southwest, Ing-L-LO .
GTE Southwest, Inc. is the current supplier of
telephone service to the City of Denton. Since it is the
authorized provider of local telephone service in the Denton
area, it will continue to provide trunking service, off
Premise Extensions, tie lines, etc. regardless of the vendor
who will furnish and install the new telephone system.
GTE also has a separate branch that sells and services
PBX systems. For this specific project they are offering
the Maridan SL-1 systems manufactured by Northern Telecom.
GTE has, like AT&T, been in the business of providing
telephone service for many years. In the last ten years
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they have made great strides in upgrading their central
offices as well as outside plant.
Since GTE is not a manufacturer of PBX systems, they
have offered several different brands over the past years.
The system currently serving the City of Denton Is a Rolm,
which was installed around 1978. Subsequently they stopped
marketing the Rolm system and for the last five or more
years have mainly been supplying the Northern Telecom SL-1.
I GTE currently has about 34 technicians who have been
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factory trained on the installation and maintenance of the
SL-1 system. While the majority of these technicians
operate from the Irving, Texas office there are technicians
working dir-ictly out of the Denton office.
GTE hau sold and is maintaining SL-1's in several of
the cities In the North Texas area in which it provides
local telephone RerviceY Garland and Irving are two
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j examples who are using their services and have expressed
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their satisfaction with its quality.
GTE offers relatively the same parts price protection
i as AT&T. One of the most important features is the
elimination of restocking charges and the maintaining of
precutover prices until after cutover. This allows last
minute additions and deletions to be obtained at precutover
' prices without restocking charges.
GTE is offering the Northern Telecom
SL-1NT for City
Nall and SL-ISTOs for the Snrvice Center and Power Plant.
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GTE is quoting 16 weeks from contract award to cutover,
however this interval can probably be reduced through
negotiation.
Northern Telecom SL-1 NT & SL--1ST
Northern Telecom is the second largest manufacturer of
telephone equipment on the North American continent,
surpassed only by AT&T. The SL-1 system was originally
introduced in 1975 and since then has become one of the most
widely used business communication systems in the united
States. Numerous improvements have been introduced since
its entry in the marketplace with each existing system
having the capability of being upgraded to accept the new
offerings. j
GTE quoted all digital instruments as requested in the
proposal. This permits an easy change of instruments
without concern of whether the line card is analog or
digital. However should data actually be used from a
specific location it would be necessary to install a voice
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plus data card in place of the digital voice only card.
This is in contrast to the AT&T system that uses the same
card.
GTE is proposing the following digital telephoness
J M2006 - Single line with two feature buttons
M2009 Nine line or feature button
M2112 - Eleven line or feature buttons plus speakerphone
M2317 - Eleven line or feature button plus digital readout !
M2018 - Eighteen line or feature buttons
The attendant console is very user friendly, however
Direct Station Selection, as offered by AT&T, is not J
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available. Like the AT&T System 75XE, the SL-1ST does not
have Duplicate Central Processor. However, the SL-lNT at
city Hall is equipped with a Duplicate Central Processor.
The SL-lST is a blocking system which means that
traffic balance is required in order to prevent busy signals
when attempting to place a call. This becomes more
important as the traffic load increases.
The SL-1ST does require air conditioning to control
temperature, however its newer design is less sensitive to
high temperatures than previous models.
Currently GTE is proposing separate Long Dist,nce Call
analysis equipment At each switch. This is necessary since
the system does not currently pass the station number to the
City Hall switch when a long distance call is placed from
either the Service Center or Power Plant. A future release
of the SL-1 which covers ISDN will provide this capability,
however this may not be available until mid-1990.
i The Voice Mail proposed by GTE is called Meridan Mail
and is also a product of Northern Telecom. Like the call
detail analysis feature described above, this feature is
currently non-transparent between switches and accordingly a
station on either the Service Center or the Power Plant
1 switch will not be provided a message waiting indication
when a message is left in the voila mail box. This also is
scheduled to be corrected by mid-1990.
2.5 Rolm CompAny.
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Rolm was one of the first companies to introduce a
digital PBX. This occurred around 1976. Since that time it
has evolved its offerings in such a manner that newer
introductions are usually backward compatible.
Rolm was purchased by IBM in the mid-1980's so that IBM
could offer a complete voice and data package to its many
IBM users. Accordingly newer modification of the Rolm
system have been compatible with IBM equipment.
Last year IBM entered into an agreement with Siemens
Corporation whereby the latter would own the Rolm
manufacturing plant while IBM and Siemens would be equal
partners in the marketing branch. Siemens in turn will
provide Rolm with its latest developments in digital
transmissions and networking especially ISDN (Integrated ti
f System Digital Network) architecture. N
While Siemens is already one of the largest
manufacturers of telecommunications equipment, there is a
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question as to how the Rolm system will operate alongside
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the Siemens Saturn PBX equipment which does serve a segment
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of the same size market place. Also, Siemens will be
responsible for the R6D effort relating to the Rolm system.
During the early 1980's Rolm established its own
marketing and service entities in many of the larger markets
in the United States. One of these areas was Dallas/Port
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Worth. Concurrently other vendors, such as GTE, were not
allowed to sell new Rolm systems, however they were
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permitted to continue maintenance on older systems.
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Since that time the Rolm servicing organization has
grown to some 34 factory trained technicians in the
Dallas/Ft Worth area. Maintenance of a new system for
Denton would be handled from this North Dallas office.
Rolm is offering a 9751 Model 50 PBX for the City Hall
and two 9751 Model 10 PBX's for the Service Center and the
Power Plant, The Model 10 is a new release and first
installations are not scheduled until around March 1990.
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Rolm has assured us that delivery can be made somewhat
sooner if this is important.
Rolm is guaranteeing post-cutover prices for only one
(1) year instead of the two years requested in the RFP.
Also, their precutover pricing stops at contract signing.
k in addition, Rolm will charge extra to have a man show
j up at Denton each working day while tha system is in
warranty.
Warranty period Is 12 months from date of shipment and
not 12 months from date of system acceptance.
Rolm 9751 Model 50 and MgJi 10
Rolm is proposing the Model SO for the City Hall
location and the Model 10 for the Service Center and the
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Power Plant. While the Model 50 has been in service for
several years the Model 10 was just recently introduced and
I, first shipments are scheduled for the lust quarter of 1990.
{ The 9751 is a stat%-of-the-art switch and has all the
same basic features as the Difinity and the SL-11 Redundant
CPU, Battery Backup, Digital Telephone instruments, Voice
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Mail, and Call Detail Analysis are all included. It is
however more transparent than the other switches which means
that long distance call information from the Service Center
and the Power Plant switches would be passed to the City
Hall switch. Also, it is possible to pass information to
extensions in the other switches that a Voice Mail message
has been received.
Rolm is proposing the following digital phone
instruments:
120 - Single Line and 6 Feature Buttons
240 - 11 Lines and 11 to 21 Feature Buttons and
Speakerphono
400 - 29 Lines or Feature Buttons and Digital Readout
The 9751 switch is virtually non-blocking which means
that it, like the Difinity, does not require load balancing, 1
which is required by the SL-1.
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2.6 Sout~weatS_~ 1 Telecom tswsT~
After the divestiture of AT&T, the various operating
companies were not permitted to manufacture telephone
equipment, but were allowed to market any existing
manufacturer of PBX equipment. Most elected not to market
the AT&T equipment and instead either chose Northern Telecom
or the Nippon Electric Company as their primary supplier for
PBX equipment. SWBT chose the Northern Telecom SL-1
equipment.
Since the SWBT installation and maintenance people had
previously only been trained on AT&T Dimension equipment, it
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was necessary to cross train or hire a new service staff,
15 1
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Currently they have over 49 people trained in the operation
and maintenance of the Northern Telecom equipment. These
h
service personnel are primarily located in North Dallas.
h While SWBT does not provide local telephone service in
the Denton area it is actively selling and servicing I
telephone PBX systems in this area just as GTE is actively
selling PBX's in the Dallas area.
As one of the major Bell operating Companies in the
United States, SWBT is a very stable company and will
continue to provide quality telephone service indefinitely.
Also, they have over five (5) years of experience in the
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installation and maintenance of SL-1 equipment. Their
current customers have testified to the quality and J
timeliness of their service.
SWBT has proposed a Northern Telecom SL-lNT for the J
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City Hall and two Northern Telecom SL-1ST's for the Service
Center and Power Plant.
Pre-cutover pricing stops at contract signing with a
second higher rate being applicable between contract signing
and cutover. Also, they would charge extra to have a
maintenance man show up each work day during the warranty
period.
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Northern Tel com -INT and u-IST
These are the sarne switches proposed by GTE and SWBT
has configured the switches in the same manner,
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3.0 Financial Analv~~_aE Proposed systems
The vendors were requested to prcvide a firm, fixed
price for the new system including all equipment costs,
installation costs, cable costr, fiber-optic costs and
microwave costs. In addition, they were requested to II
provide a seven (7) year lease rate with a One Dollar 1
J
($1.00) buyout at the end of the lease. A seven (7) year
lease is recommended as a normal life for a
telecommunications system before it should be replaced due
to obsolescence.
3.1 Overview
It was also requested that each vendor provide a fixed ,
maintenance cost based on the same seven (7) year period. '
V
It should be understood that the maintenance cost is based
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on the size of the system at cutover and will increase as
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} the number of stations increase during the next seven (7)
years.
We also requested that the vendors provide a pre-
cutover and post-cutover price list, primarily for
instruments and line cards. The post-cutover price list is
also to be fixed for the next seven (7) years, The pre-
cutover price list is necessary in order to fix the actual
cost of the system at cutover. This final price will not be
determined until an exact count of each type of instrument
is made after interviewing each department. This action
1 cannot be taken until a decision is made on the type of
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system to be installed since the instruments vary depending
on the manufacturer.
Each vendor also was requested to advise any restocking
charge that would be applicable for the first forty five
(45) days following cutover. This is important since quite
often there is a significant amount of adjustment in the
equipment specified in the RFP and the final system
configuration based on the departmental interviews, as 00
h referred to above.
The Citf Hall switch will be connected to tho Service
Center switch and the Power Plant switch via a high speed
digital carrier (Ti). The vendors were requosted to
interconnect the switches with either fiber-optic cable or
microwave. Subsequently we asked that they provide a price
for fiber-optic between the City Hall and the Service Center
since the City0s GIS system would require fiber between
those sites.
Subsequently the City decided to investigate the cost
of a fiber-optic network that would serve the City Hall, the
Service Center and the Power Plant, Data Processing and tho
Police Department. This network would handle the T]
requirements of the telephone system, the GIS requirements,
as well as provide the backbone for future high speed LAN
1 nets;orks.
With this in mind we requested that the telephone
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vendors revise their bid to eliminate the fiber-optic and
microwave requirements. Also, since the City is providing
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the conduit between locations served by the City Hall
switch, it was further suggested that the City provide and
install the inter-building cable.
Accordingly we have received several price adjustments
from the various vendors. It is our feeling that with this
approach the City will receive the best system at the least
cost possible.
We have included several tables on pages 27 through 30
to more easily compare the costs submitted by the various
vendors. it should be noted that since the proposals were
received each vendor was given several opportunities to
review their bid and offer revised pricing or any special
City discounts. :he "System Pricing" table on Page 27 is a
comparison of the major costs involved with the City wide
telephone system. This table includes the optional features
which we believe are necessary as well as all copper
cabling, fiber-optic and microwave per our original RFP.
The second table "Revisea System Pricing" compares the
totals on the first table with the revised price quotation
i
based on elimination of inter-building cabling and fiber-
optic and then the elimination of the microwave requirement.
The third table covers "System Maintenance Costs" as
well as maintenance guara'titeos.
h ; The fourth table, "Cost related Proposal Conditions",
are important as pointed out earlier in this section.
It should be noted that should the City elect to have
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the vendor provide all cabling as well as fiber-optic and
20
d
microwave system, the AT&T proposal is slightly lower that
GTE with SWBT very closely behind, However, if the City
elects to do the cabling, the GTE proposal becomes much more
attractive. It should also be noted that AT&T's maintenance
costs are significantly higher then any of the other
bidders.
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TIN INW
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DAT, has carefully evaluated each proposal received.
The companies involved have all established a track record
fcc competence and integrity. Each vendor meticulously
an9wered all items requiring clarifications.
The vendors are all large corporations and there is no
-1 question about their financial stability.
M The telephone equipment proposed by the various vendors
have all been successfully used in similar environments with
tho exception of the Rolm 9751 Model 10. The Model 10 has
` been in Beta test and the first regular shipments are
I` scheduled for the first quarter of 1990. It is however
` based on the same system architecture as the other models of
the 9751.
All systems uee uniform 3 or 4 pair of wires to each
111 station and, as proposed, all systems have quoted digital
instruments throughout.
All systems except the SL-1 have a non-blocking
architecture. This is helpful when the system becomes
heavily loaded or when raquirements change. With the SL-1
` it is necessary to balance the load as the system approaches
f its capacity, otherwise it is possible to encounter busy
` signals when attempting to place a call.
The AT&T System 75 and the Rolm 9751 have Direct
Station Selection from the attendant console. This permits
the attendant to ring any station by merely pressing a
single button. Also the Call Detail Racording feature i
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captures data on station to station calls, This is usaful
in determining the traffic generated from any station. Both
of the above features are not offered with the SL-1 systems.
The telephone instruments, as proposed, are all digital
and meet the requirements of the RFP. Certain models of
I• each system proposed have digital display. All systems have
rT~ at least one model with a built-in speakerphone. All
~ j
V systems have the capability of transmitting data and voice
simultaneously from a given location. Some models have the
data board mounted in the base or the telephone while others
use an adjunct device.
The AT&T System 75 also offers Directory look-up from
any instrument with digital display. This permits the
attendant or secretary to check employee telephone
extensions via their telephone,
j The Voice Mail feature is an important addition to any
new telephone system. within the various departments of the
City it can be used to quickly pass messages to busy
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executives that are frequently unavailable due to heavy
meeting schedules. The City Council members can have a
single source for receiving messages from the Mayor, City
Manager or others. Reduced clerical time and associated
paperwork will pay for this feature many times over.
Maintenance performance of the vendors has all been
good, Thoy have all been in the business for many yoars and
since this business is highly visible to all users, they all
have experienced some dissatisfied customers. The
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performance guarantee of each vendor is similar as shown on
Page 29.
GTE has the ability to provide a single source for
trouble clearance since both the equipment vendor and the
common carrier are under the same corporate umbrella.
Under "Cost Related Proposal Conditions" as shown un
Page 30 there are a number of other important comparisons.
AT&T and GTE have agreed to no restocking charges until
sixty (60) days after cutover while Rolm and SWBT only
permit no restocking charges until contract signing. Since
there can be a considerable number of changes during this
period it is important that the restocking charge be
f
eliminated.
Also, AT&T and GTE have agreed to pre-cutover pricing
on additions until sixty (60) days i.'*Ar cutover, while Rolm
I and SWBT again only guarantee this pricing until contract
signing.
i
All except Rolin have also agreed to protect the post-
;
cutover pricing for two (2) years after cutover. Rolm only
agreed to one year (1).
The remaining major factor is the projected cost of the
system as well as maintenance costs for the years after the
h "r"\ warranty expires. The comparisons shown on Page 28 "Revised
M System Pricing" show that based on the original bid
parameters which included inter-building cabling, fiber-
optic to the Service Center and microwave to the Power
I Plant, AT&T submitted the low bid by less than $8,000 under
24
--IV low
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GTE with SWBT only $16,000 higher than GTE. However if the
city should elect to furnish and install the inter-building
cabling and should further elect to install a fiber-optic
network as has been suggested, then GTE is some $39,000
under SWBT and some $66,000 under AT&T.
Under "Maintenance Costs" SWBT is low with GTE second
and AT&T the highest by a significant amount.
After thorough review, DAL recommends that a contract
be awarded to GTE for the SL-1 systems proposed based on the
following parameters:
Total System Cost is lowest should the City elect to
install a fiber-optic network which can be used by GIS
as well as the telephone system.
f I GTE can provide a single source of contact for all
telecommunications problems.
I
SWBT while offering the same equipment has not offered
as attractive pricing on parts nor does it offer as
attractive maintenance conditions.
} The SL-1 system manufactured by Northern Telecom is
being continually improved and has remained state-of-
the art for many years. New releases already scheduled
will permit it to retain this position for the
foreseeable future. While the SL-1 lacks some features
provided by AT&T and Rolm, these features are not In
themselves that important to the City of Denton to
warrant changing the recommendation.
GTE will provide a maintenance man on site each work
day through the warranty period to clear any problem
that may have developed.
Should the City of Denton for any reason desire an
alternate recommendation, DAL would recommend AT&T. Their
equipment is somewhat technically superior to that proposed
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by GTE. However other factors outlined above has lead us to
recommend GTE.
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26
TABLE I
SYSTEM PRICING
TELEpHONE_ S_ y~ 8 AT&T GTE ROIL WB
CITY HALL
SERVICE CENTER 202,105 2310149
POWER PLANT 74,853 73,085 300'573 241,227
MISCELU.f:EOUS 55,687 54x953 91,054 69,460
23,371 25,991 6'rr 45x980
SUBTOTAL INC.
346,016 385,178 398,997 356,717
KEY, S~y~q
WASTE WATER
ANIMAL CONTROL INC. 2,152
DENIA PARK 1,708 INC. 1,206 901
NORTH LAKE '206
1,708 1,206 2,015 1,646
LANDFILL INC. 1,582 2,015 1,646
AIRPORT 1,708 1,206 INC. 803
MLK 1,420 964 2,015, 1,646
DISCONNECT EXISTING SYSTEM INC. 1,170 2,162. 1,307
E INC. INC 3.780 803
I SUBTOTAL INC. 522
i 6,549 9,506 OPTIONAL SERVICE 11,987 9,274
BATTERY BACKUP
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j VOICE MAIL INC. INC.
CALL ACCOUNTING 371749 34,303 39'765 INC
38 900 .
COPPER CAD "13,665 21,954 14,525 15,908
INTER BUILDING
1 INTRA BUILDING 50,720 116
! 410029 ,061 68,339 380900
~ INC. INC.
SUBTOTAL 91 INC.
FIBER OpTt 8('1 '749 116,061 68,339 38,900
TERM E PT
CABLE 1,504 20,128 INC.9
36,856 62,125 95,35 11x635
SUBTOTAL 66,325
38,360 82,253 96,359 77,960
142CRONAVFdip!
32x253 61,786
.~~_6E4OPTI_ CH nppL
SUBTOTAL INC. 550858
567,701 711,041
DISCOUNT 668,872 593,697
136,040
TOTAL 2,000 !
~ 567,701 575,001
668,872 591,697
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TABLE II
REVISED SYSTEM PRICING
COMPARISILNS UTILIZING CITY PERSONNEL/OTHERS TO PERFORM OUTSIDE PLANT
SERVICES
AT&T GTE ROLM SWBT
WITH INTER-BLDG 567,701 575,001 668,872 591,697
CABLING, FIBER-
OPTICE &
MICROWAVE
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WITHOUT 447,872 381,349 504,174 420,979
INTER-BLDG.
CABLING, FIBER-
OPTIC &
MICROWAVE
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TABLE III
SYSTEM MAINTENANCE
AT&T GTE ROLM SWBT
1ST YEAR 0 0 0 1,655
2ND YEAR 45,804 29,236 37,801 25,013
3RD YEAR 45,804 30,990 37,801 25,692
4TH YEAR 45,804 32,847 37,801 25,692
5TH YEAR 45,804 34,820 37,801 25,692
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6TH YEAR 45,804 36,909 37,801 25,692
7TH YEAR NA 39,124 NA 25,692
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TRAINED
MAINTENANCE
PERSONNEL 10 34 34 49
GUARANTEED
RESPONSE
i MAJOR FAILURE 4 FOURS 4 HOURS 4 HOURS 2 HOURS
MINOR FAILURE 8 HOURS 24 HOURS 24 HOURS 24 HOURS
PARTS DEPOT NORTH IRVING NORTH NORTH
DALLAS DALLAS DALLAS
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TABLE IV
COST RELATED PROPOSAL CONDITIONS
II
AT&T GTE ROLM SWBT
TERMINATION OF
PRE-CUTOVER PRICES 60 DAYS 60 DAYS AT AT
AFTER CUTOVER AFTER CUTOVER CONTRACT CONTRACT
SIGNING SIGNING
START OF RESTOCKING
CHARGE 60 DAYS 45 DAYS AT AT
AFTER CUTOVER AFTER CUTOVER CONTRACT CONTRACT
SIGNING SIGNING
POST-CUTOVER
PRICING SCHEDULE 2 YEARS 2 YEARS 1 YEAR 2 YEARS
VALIDITY OF
PROPOSAL PRICING 90 DAYS 90 DAYS 90 DAYS 90 DAYS
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1-W r low
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` CfTy of DENTON 1215 E. McKinney ! Denton, Texas 76201
M E M O R A N D U M
T0: Mayor and Merrbers of the City Ccuncll
FROM: Lloyd V. Harrell, City Manager
~ DATE : December 19, 1989
1 SUBJECT: FRANCHISE OR LICENSE FOR COg1ERCIAL/INDUSTRIAL
SOLID VIASTE HERS
jj
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f survey of fees charged by cities with non-exclusive
A and exclusive The f waste haulllno 17.5% with Cheep ceptlon o of y Plano evip ano charges 34nto
f1.3 non.
fee d bhe average feehisd652~sexclfuding Plano andlArlington he franchise
' l
A chart has been enclosed vMlch shows the amount of rate Increase needed
These
F
ff ~ if apartlcular percent franchise fey or license fee is choseni
rate figures assure an effectlve date of January 2, 1990.
Interim fee for private haulers will Involve
and execute
implementation of an an o fdor~ttion he ~fi e s rdncauthorization r ifor a the haulers C i ty t Manager a to d
license agreements with private haulers.
~
Lloyd V. Harrell
City Manager
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LVH/CSW/sc
i 1w1/120889030/1
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RATE EFFECTIVE JANUARY 2, 1990
FEE 5% 8% 108 12% 15% 17% 20%
RESIDENTIAL INCREASE $.20/MO4TH $.16 $.14 $.11 $.08 $.06 $.03
DUIPSTER INCREASE .06/YARD .05 .04 .03 .02 .02 .01
ROLL-OFF INCREASE .40/YARD .33 .28 .23 .23 .19 .13
r ~
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CURRENT RATES
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RESIDENTIAL $9.25/MONTH
I
DUMPSTER AVERAGE $1.52/YARD
ROLL-OFF $4.82/YARD PLUS CONTAINER RENTAL
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IW1/120889030/2
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PId1CIfS6 PBB S01VB1 Dec-If
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dl1[p0i01 ; IIDPOID ; pdTdOGd :0UPIVII! ; GI88pVIli6 ! rCIIr16T !IBdf88IP0lD; PL![1U
i.......... I P 1..
1 1 I J........... 1
haoehru Pee pole prep !1% Ira : , 1 ,
n !t X71 after 1; ; dr ;1; Bran
,receipts !receipts It adsis fee ' 1
I collectloss
,la sohtvacted: '
1 , Isfsss miles ,
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!tit
I 1 , , I
rrcl/pal Ircllsire I!irclonve :11ciori►e 'tlclaliva 'rreIaelve
1'I1elllire
,rrclslive 1141-11cl ,rlclssive
1 , I 1 i I 1
en !3 leers plan !3 peua ;13 lava pears :1 pelt
Illlill !Citl••Ia ;Gill ;p. liehlaed ;Gill iCit I
;Coat Cou ; ;lips 1 :City ,Contractor ;City
1 , ~ I
Iesideatial ;Private ;Private ;Private ;Prlrate ;Private I
;Private !Gail !Private
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6 ...........i .............'............................Airau... ....rd~Mr...'
lrltrdl ilpPH llAVlOIT ; LAMISl ; Pdlr ; CIi! ; t11I1f16Sr
rraachlu let ;11 gross :11 grin !Coereat 61 ;11 ISross ' 1%
{1e►enes receipts ;proposed 1.5% :receipts !(tellsPt~ gl pruclnoclin ;
I
;pies dcoplll ; ;4611off) 1 ploy :
!fees 1 71 ddlla Pee ,
1
Geillss liclollve :141.11cl ;101-I1cl ;103•Ircl 1
I 1101•11e1 ;101•11el ;Brclsrlre ;Irelnlre
fen :1 14111 ;2o years it less :I fear ysan ,10 yein
' I I 1 ' ~ 1
Ililill ;Collector ;Contractor ;C01tractor :Contractor ;Ceatr14tor !Coltr••Con :C401•-Coss
;Cate--Bes ;C(tyru
I i Itlidelttal % llcipal 1111clpil iVjlicipil :City :City ,IPrirate 'Private ;
1 1 ~ 1 1
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' MIC1181 Pie SURVEY Dec-81
1 I 1 I 1 1 1 I
I I 1 I I I 1 1
CALVISTOI ; D8 SOTO CRAM BURST ; TILAIM ;STIPBINYILLB PLAID ;
I.......... I.......... 1 I 1 1
Praachite fee 51 (roar 101 101 (rots 1101 Adsia ;101 total ;11,51 of 1311 to 41.31;
rectiptt ;rereaoet ;charge for ;ut. billed ;collection ;of (tau
hilliag ;IAdmin Peel ; ;teceipts
1 1 I I 1 I 1 I
1 1 1 I I I 1 1
I
1 1 1 I 1 1 I 1
Isolllta esclulre ;Itt•Bul ;81clntire ;Moa•Btel ;Iaclms[re ;BteLtive ;Iot•eu! ;8selnsire ;
1 , 1 I I I I I
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term ;10 years ;5 yeirt ;I pear ;0 years ;5 years ;I0 pears 13 years ;
1 i I V I 1 I I
1 I 1 I , I 1 1
h lillit( ;Coatrutot ;Coatractor ;Caotracl a ;City ;City ;City ;Contactor ;
'I 1 1 I 1 I I 1 I
I 1 1 I I I I 1
1 I I I 1 1 1
it i 1 1 I I 1 1 1 1
f tetidemtiel ;Inticipal ,Priute ;Ilticipal ;Private ;private ;private ;Insicipal
I ;idifferent
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FRANCHISE FEE SURVEY Du-e1
DISPOSAL
SHERNAN - It is specifically understood oral alread that gro tee will deliver all garbage, trash, brush,
and other reftso cellectod by hie from premises in the corporate limits of city, except for
materials which the grantee may select for reuse or or racycting, to a Stiti Health Dmpertment
authorized and permitted disposal facility.
gAIVESTCN-• grantee shall be required to utilize the City Transfer Station to assure that the aielue
aeount of tannage delivusd to the tremefer etitloo by the City and all private refuu haulers
squall, or exceeds 15,000 tons of solid caste...
TENPIE-- It is opeciffully understood and elread that grantee will deliver all garbage, trash, brush,
imal other refuse coilectod by him from premises In the corporate Ifeits of city, except for
materials which the gromtoo may ooloct for rouse or or recycling, to loch location as may be
dulgmited by irsnar for refuse disposal.
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MIMI- Contractor shell deliver all waste collutod pursuant hereto to 14th locations is may be
EEE designstid by the City for waste disposal p4rpous.
PLANO- Contractor shall deliver garbys, trash ...colloctod by it from pramieao in the corporate
limits of the city to the North TI Nuniclpsl later District Olspaeal Facilities or to any
other tramsfir station mhlch may hereafter be utilized to the More by the City of
Plano ...All casts locurred by contractor in utilitimg the kT Municipal Water Dist. or any
future transfer station shall he robburud by the City. Howiver, in that connection,
contractor agrees to restrict his disposal of solid waste Coto such tromsfer station to solid
Vista collitted only from comfOll accounts within two city.
PEANO-- Par phone call with Nike Ropliml on 11.1.11... City pays disposal coats directly to
NT Municipal W1ar Dist. Disposal, Contractor does mot pay disposal caste. After
dlspoeal costs are subtracted from franchise fee income, mgt profit rocs from
1110,000 to 5110,000. No also stated that the commercial oporition supplift6te the
raidentlaL
WINSTON - Contractor shall pay the city 11.10 par too for evert tom of trash, lerbile, brush or refuu
collectid by cdotractor from ruidutial and commercial ccounu and disposed of at city's
dispo"'I etas...
After the first of the year (1110) they will be gdiml to 11.00 per too for couercial,
LAND PRAIRIE.- The City shall dedutt 110.51 par ton for any trash or lirbege which is depoeitsd it or
disposed of it the Crimd Prairie Sanitary Landfill by the comtroctof,
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FRANCHISE FEE SURM Sac B9
I` RA1E RfBUtAilON
F SHEANAN•- .Grantor reesrves the right to exorcise rate regulation of grestes'I retie and fat thuged to
isacherlinguereaunretsonsOleMeditcritinatail, artitrary, oracepublic priciout ring, the raUS grentes
GAIYESTON-• the governing tody hereby expressly reterves the right, power, end authority to fully relulete
Ind fix the rates end Charles far the services of the grentee to its tustoars.„Orentes eel
from till to ties propose changes in the general rates. ignitor qsy require tree Notes to
file in applicsrtion with the City Secretary for coosidaration of the laverninq tody,,.the
lovp
eitheriapprove oradisappro egthe propessdrehengeslorimato suchnardor isesaypbecreesamablehalt
TENPEE-- Seel is galvaton ,
MIRKY-- the contrwtcr shall furnish evidence is to the nesd for such Idjuttesrt, Ind the City, upon
investilation and consideretion of the circusatioces surroumdio4 the request, nay ttprove or
dieepgrove such requett, having due regard for such other factors es the City may 111111
relevant Nothing conteisad herein shall restrict is any way the city's full exercise of
discretion in tettiol cmirgss for refuse collection and diapoesi servites to any 01`es!oo1 in
the corporate limits of Ncllnnay,
establish by
PON - The City shell It 111 times during the term of this contract reserve the right to
ordinance the rates to to charged for the collection Ind disposal of cosmerclil solid
Waite „.end In no event shall be chanted earl often than once I Year ,,,thr contractor
I sty,,.owbmit a request in writiog far in adjustment in the rates .,,The cestrector shall
furnish evidence as to the mood for tuch adjustsent,.,esd the city ..,III siprovi or disapprove
such request,
j tEM11110 - Pete increases are booed on CPL Prior to 14111-44, if TO requested a rate Increase, it had
to to approvro ~y city Council, Presently, is long is the rate iacrsese data not exceed CPI,
it does sot require City approval.
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FAANCNISE FEE SURVEY Dec-t1
NISCftlANEO'JS
RCIINNEY•- The Contractor shill 10161 the City solid caste Collection building located at the
WOW contractor Brill elintlin ae office within the c OW# IISItS of City ...Cont►utof
will to required to limit 1 dseignetod space from the City for the said office, it a rate of
11211E par tooth, This fie will be deducted on a mootly basis from the Contrsctor'e comthly
compensation ;ram the City.
KIINNEY•- Compensation paid to contractor shill to in amount equal to the componsition is bid in the
Contractor Compensation Schedule,... which will be billed end collected by the City, lest 111
franchise fee. City shill provide billing and collection services, For Such services, and is
` 1 disposel fit, it is understoad and agreed that City may incran the chorgis to the
Ir contractor's customert in whatever amount is Mead necessary ty the City to cover the coati
of billing and collection iorvicis, disposal feel, and other associated solid Base/dllpeesl
costs. All landfill chariot par the City tendfill Rate Ordinance for contractor's use of the
itndfil), other than those provided herain, will to deducted monthly from the contrictor's
I compsesetion.
PIANO-- STREET USE FEES. 11.31 of gross receipts collected by contractor from commercial solid waste
j tccounte utilizing containers of a volume of S cu, yos. or lets. 311 of grass receipts
collected by the contractor from accounts utilizing 20 to 30 cu yd open-top containers. 311
of groal receipts collected by contractor from accounts utilizing 12 cu yd receiving
containers,
ARIINT09- SIitINO. Charges for refuse tervict are collected from wstours by either the city or the
contractor, dopendtrt upon the type of serviced aid other fectort agreed upon by the partial.
The city Shall perform all live) account billing.,,
ARLINGTON-- The city shall rscelvt 50.21 coats per account billed by It is in administrative chergt,
GRAND PRAIRIE-- The city Is responsible for biiilog t to111cting residential and commercial Deg service. The
contractor bills and collects all coesercil) refuse tilde from commercial beg service.
GRAND PRAIRIE.- The contractor shall make no charge for collection and disoosel of the garbage iccusulittd by
the city to long it ouch lirbagt it imitated by imploytet of the city on city projects Ind
can be collected on 1 regular collection route of the contractor.
- 111000° A001111TRAiDE FEE, In addition to the 21 franchise fee the city retains 11 of total amount
billed for City's coat of billing, collection Sad adsinistration.
GRAPEVINE.- ACMINISTRANVE E RETAIRAGE M. In addition to the Is franchin fee, the city chariot es of
the total tonnt of residential and commercial billing, They also charge the contractor 1 21
retalnegl 1e1 that if rlturned it the end of the year if it is grestar thin the amount of bed
debt.
j GREENVIttE-- ADNINISiRATM GEE, 51 of amount tilled.
k DE 5010•- TERN, I year term with automatic reniwal anually unless either party subilte written (lowest
! to cancel and eortrsct will than continua for the remaining 1 fetrt,
tEOISYI1tE•• HMO, City tills residertiml customers end charges TON a 31 idainistrstivo fee for that
service.
tEWHY11.1.E-- TERN. 10 year tare with automatic ronewal anuilly.
FRANCHISE FEE SuRYEY Dec t9
CITY MLOSIVE COHAFPCIAI SOLID VASrF PPOVIDEs
Richardson
Kingsville
vlklhechll
Walter- C1ty fs the ekClulivl d"OStlr IIrv1C1 providal, They provlde E Cu. yd up to S Cu.
yd. oul4tlrs,
1111vlrlity park.. City 11 thl ekClufiYe dulpltll IIrvICI OFOVldl►, Thly providl y Cu, yd. Copts imeri.
Klnlnl Y1111-• will post Ifklly contract out colurcill al Iarvicl after the ffrst of the ylar.
Thlf► landfill is lstfolted to clod in I Mrs and they do not Ellfeva that e
sdleunity of their sfte cap Ifford 1 new lendfill tlclull of the now rlgulations,
etc. 1 caked how they rould dltlrpinl th1 haunt of their frlnchfu fat, MI
INtad that casrlrctai hu alwlye Nda sohey end thlreforl tnnsfereld knly to the
glnersl fund, Thly w111 probaEly try to bill the llount of the frenchfsl fee on
the vaunt of thl glRerll fund transfer,
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CITY of DENTON / 215 E. McKinney / Denton, Texas 76201
MEMORANDUM
DATE: December 14, 1989
TO: Lloyd V. Harrell, City Manager
FROM: John F. McGrane, Executive Director of Finance
SUBJECT: HOTEL/MOTEL OCCUPANCY TAX RECEIPTS
Attached for Council's information is a summary of the receipts
of the Hotel/Motel tax. Included is a ten year history of the
total collections. In addicion, there is a schedule showing a
five year break out to the various agencies that have a contract
with the city. The rest of the attachments show a ten year
history of the collections by hotels for those years that were
available.
If you have any questions regarding the above, please advise. '
j o c rave
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Attachments
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13-C'ci H'' DATE 1'1GF. !
HM TAX
CITY OF DENTON
HOTEL/MOTEL OCCUPANCY TAX RECEIPTS
10 YEAR HISTORY
YEAR TOTAL RECEIPTS % CHANGE
1980 105,000
1981 120,000 14.29%
1982 135,000 12.50%
1983 140,000 3.70%
/ 1984 285,966 104.26%
1985 301,078 5.28%
1986 328,972 9126%
1987 317,309 -3155%
1988 345,185 8.79%
1989 1810116 -47.53%
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CITY O DEWON, reX,48 215E. WK1NNEYI DENTON, TEXAS 762001 TELEPHONE (81715668200
CITY OF DFNTON
HOTEL OCCUPANCY TAX DISBURSEMENT
1984 THRU 2ND QUARTER 1989
I
CHAMBER OF CULTURAL NORTH TEXAS
YEAR CO!VIERCE CONFEDERATION FAIR ASSN.
1984 $ 141,553.38 $ 141,553.37 +
1985 149,033.82 149,033,82
1986 148,338.11 148,338.11 $ 29,005.58
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j 1987 134,638.59 134,638.59 44,858.58
1988 146,467.02 146,467,02 48,799.57 1
1989 78,850.15 76,850.15 25,604.78
TOTALS
* Disbursement began in June of 1986
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CITY of DENTON, MXAE 215 E. McK1NNEV / DENTON, TEXAS 762011 TELEPHONE (817) 566.8200
MEMORANDUM
DATE: October 20, 1989
TO: Jim 8unyard, Treasurer
FROM: Vic Schneider, Tax Technician
SUBJECT: HOTEL OCCUPANCY TAX FOR THE LAST TEN YEARS
i
Jim, here is the information that you requested concerning
the Hotel Occupancy Tax.
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The figures for 1984 thru 1989 come directly from our Tax
Department Hotel Occupancy Tax Reports. 'those for 1980 thru
1983 were taken from the CAFRs.
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If you need anything more, please let us know.
Sincerely,
!/-Gv ~..ecc~~J
Vic Schneider
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CITY of DENTON$ TEXAS 115 E. McK1NNEY J DENTON, TEXAS 7620f / TELEPHONE (817) 566.8200
HOTEL OCCUPANCY TAX
1980 THRU 1983
r
1980 1981 n^n nn @@ !Xj11!9822(~ n 4198833n nn
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CITY of DENTON, TEXAS 215E, MOKfNMEY / DENTON, TEXAS 162011 TELEPHONE (817)566-8200
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HOTEL U!ANCY TAX
1984 THRU 1986
1984 1985 1988
NAME
Hest Vestern Motel $ 36,424.87 $ 35,479.56 S 33,295.57
5,717.10 5,119.56 4,576.04
Clayton House Motel
18,486.34 31,127.12 28,603.21
Delux Inn of Denton
7,948.76 5,327.49 3,903.80
Denton Inn
Desert Sands !Motor Inn 17,674.71 14,503,63 6,003.43
Exel Inn of Denton 15,991,93 220078.30 23,434.98
42,808.52 30,092.16
Holiday Inn 45,408.31
2,464.86 2,670.24 2,333.02
Holiday Lodge
40 776.40 39,952.44
La Quinta Motor Inn 39,184.18
34,086.84 35,382.28 36,055.87
Motel 1I 8
81,647,31 65,038.60 47,156.90
~ Ramada Inn
00 .00 20,451.74
Royal Hotel Suites
.00 .00 52,440.93
Sheraton Inn of Denton
933,4b 766.73 71.42
Union "76" Truck Stop
TOTALS r
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wry of DENMN, TEXAS 215 E. MCKINNEYI DENTON, TEXAS 762011 TELEPHONE (817) 5668200
HOTEL OCCUPANCY TAX
1987 THRU 1989
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NAME 1987 1988 1989
Best Western Motel $ 29,639.41 $ 30,098.28 $ 14,127.90
Clayton House Motel 2,958.34 2,639.07 1,522,57
Delux Inn of Denton 24,810.05 15,947.27 7,524.19
Desert Sands Motor Inn 1,552.53 2,407.02 1,137.22
Exel Inn of Denton 19,612.76 25,469.00 12,961.45
Holiday Inn 41,474.45 46,794.20 27,479.33
Holiday Lodge 1,956.82 2,201.85 951.16
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i La Quints Motor Inn 32,985.07 35,354.94 16,689.24
Motel # 6 38,095.66 40,327.13 21,641.63
Ramada Inn 38,061.50 40,324.47 23,778.79
Royal Hotel Suites 28,609.75 28,079.56 12,595.60
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Sheraton Inn of Denton 56,709.80 75,421.03 40,707.14
Union "76" Truck Stop * 842.71 121.66 .00
TOTALS h NIA Mf H a ~ s~~`a9~ ~ a3 ~i ~
* No more motel income as of July 1988
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CITY OF DENTON CITY COUNCIL MINUTES/
September 19, 19e9
The Council convened into the Work Session at 4:00 p.m. in the
Civil Defense Room.
PRESENT: Mayor Stephens; Mayor Pro Tem Ayer; Council
Members Alexander, Boyd, Gorton, Hopkins and
McAdams
ABSENT: None
1. The Council held a discussion regarding the proposed
1969-90 City of Denton Program of Services.
Council ?'ember Jane Hopkins started the discussion by passing
out ccpies of the priority listing of supplemental packages in
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reductions. he proposed budget with recommendations for possible
Ms. Hopkins
and make an effort tstated
reduce the tax Council
t Tact
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f first two suggestions were to eliminate the proposed internal
auditor position at a cost of $46,000 and to reduce issues of
the Parks and Recreation programs from three to two thus saving
$10,000.
Council Member Jim Alexander asked for an explanation of the
packages listed and their net effect to the General Fund.
City Manager Lloyd Harrell provided a brief overview of the
packages as requested.
Discussion followed concerning the items listed on the
listing of supplemental packages. The City Manager and iStaff
provided details and clarification on packages as requested by
Council.
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Council Member Alexander stated that he felt the effect of
lowering the tax rate 10 would only save the average taxpayer
$10. Alexander stated that he felt this was a small cost in
relation to community benefit.
Further discussion continued on the pros and cons of an
internal auditor position. The internal auditor
be responsible for finding more efficient ways to laccompllsh
tasks thus generating enough savings to pay its salary.
The Mayor called for a recess at 5:07 p.m.
The meeting resumed at 5:40 p.m.
Council resumed their discussion on ways in which to reduce the
proposed budget. Council Member Ayer stated that it was
difficult to decide which packages should stay and which could
be eliminated with the short explanations presented and
recommended setting a reduction at a dollar amount and allowing
Staff to determine which items could be reduced.
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City of Denton City Council uinutes
September 19, 1989
Page 2
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Council member Alexander stated he was hesitant to direct Staff
to pull a dollar amount out of this budget. Alexander felt
Staff had presented a budget which balanced demands and
abilities, and Council needed to take responsibility for the
cuts. Alexander stated it would be irresponsible for Council
to make a general cut.
The Mayor stated tLat the Staff had worked on the budget all
year and had provided Council with adequate time and
information to be a part of this process.
City Manager Harrell stated that the budget process was a
partnership between Council and Staft. Staff was willing to
cooperate with whatever the Council chose to do.
Council Member Alexander stated that the City budget process
had worked well in the past, and budget cuts were not a
pleasant part of Council's Sob.
Council agreed to vote on individual packages listed on the
Ih ! priority listing for supplemcntal packages included in the
budget. proposed Council voted on the items
starting with the item with lowest priority and reducedathe I
` proposed budget 1120,264. 1
If 2. The Council was to hold a discussion concerning Eagle
Point subdivision street closing area.
This item was held for later discussion.
1 The Council was to hold a discussion considering a
request from the city of Argyle for sanitary sewer service.
This item was held for later discussion,
4. The Council was to hold a discussion concerning
contracts with hotel/motel tax recipients.
This item was held for later discussion.
S. The Council did not meet in Executive Session.
The Council convened into regular session at 7:00 p.m. in the
Council Chamber. 1
PRESENT: Mayor StAlexander, Boyd. Gorton, mayor Pro Tem Ayer: council
McAdams
ABSENT: None
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City of Denton City Council Minutes
September 19, 1989
Page 3
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The Mayor presented proclamations for "Jazziest," "Public
Health Week, and "Constitution Week."
1. Presentations of "Yard of the Month" awards for
September.
Mayor Stephens presented the following individuals and
businesses with the "Yard of the Month" awards: Inez Kelly,
Lucille Nix, Alice Stack, Lillian and Vaughn Huffstutler, and
United National Bank.
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2. Consent Agenda
Council Member Gorton requested Item 2.A.4. be pulled for
special consideration.
Ayer motioned, Gorton seconded to approve the Consent Agenda
with the exception of Item 2.A.4. Motion carried unanimously.
A. Bids and Purchase Orders:
1. Bid 09974 - P.O. #91019 Change Order for
Senior Citizen Center Expansion
2. Bid 01008 - Residential Service Relocation
3. Bid 01012 - Ruddell Street Sidewalk
4. Bid #1018 - Scum Buster Pump
f B. Plats and Replete
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1. Consider a preliminary plat of the Denton
Area Teachers Credit Union, Lot 1, Block A,
and part of Lot 2, Block B. Baines Addition,
and part of Lot 2, Rlock 25, Original Town
of Denton, into Denton Area Teachers Credit
Union Addition, Lots 1 and 2, Block A. (The
Planning and Zoning Commission will take
action September 13. 1989.)
Item 2.A.4. was considered.
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Council Member Gorton requested additional information
concerning the Scum Buster Pump and questioned only one bidder
responding.
R. E. Nelson, Executive Director for Utilities, stated that the
Scum Buster Pump was used at the Wastewater Treatment Plant to
eliminate grease that comes to the plant and ends up in the
digester tanks. There was only one bidder because only one
company specializes in this piece of equipment. Staff had
II examined the piece of equipm nt and recommended approval.
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City of Denton City Council Minutes
September 19, 1089
Page 4
Gorton motioned, McAdams seconded approval of item 2,A,4,
Motion carried unanimously.
Item 3.K. was moved ahead in the agenda order
3, K. The council considered adoption of an ordinance
directing the publication of novice of intention to issue City
of Denton Utility System Revenue Bonds Series 1989, and
directing the issuance and pub ication of Notice of Sale of
said bonds.
John McGrane, Executive Director for Finance, stated that the
Charter required that prior to the sale of any bonds by the
City of Denton, the City publish notification in the Bond Buyer
and local newsdaper. The ordinance would give authorization to
proceed with the publications, The $20 million in revenue
bonds would allow the Utility Department to finance Capital
Improvements through January of 1991.
1 City Manager Harrell pointed out that a utility revenue bond
4 issue required the City to give 30 day notice. Staff would
also have a couple of small CO issues to be considered by
council in a couple of weeks to be issued on the same day to
save financial adviser costs.
The following ordinance was considered:
NO. 89-126
ORDINANCE DIRECTING THE PUBLICATION OF NOTICE OF
INTENTION TO ISSUE CITY OF DENTON UTILITY SYSTEM
j ! REVENUE BONDS, SERIES 1989, AND DIRECTING THE ISSUANCE
AND PUBLICATION OF NOTICE OF SALE OF SAID BONDS.
McAdams motioned, Alexander seconded to adopt the ordinance.
On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens
"aye." Motion carried unanimously.
Regular agenda order was resumed.
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3, A. The Council considered adoption of an ordinance
authorizing the execution of a change order to a contract
between the City of Denton and Landmark Company; and providing
for an increase in the contract price.
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City of Denton city council Minutes
September 19, 1989
Page 5
NO. 89-117
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I AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE
ORDER TO A CONTRACT BETWEEN THE CITY OF DENTON AND
LANDMARK COMPANY; PROVID- ING FOR AN INCREASE IN THE
CONTRACT PRICE; AND PROVIDING AN EFFECTIVE DATE.
McAdams motioned, Hopkins seconded to adopt the ordinance. On
roll vote, McAdams "aye,- Ale „
Gorton "aye, A er "aye,,, aye, Hopkins 'aye,
y ye, Boyd aye, and Mayor Stephens
"aye," Motion carried unanimously.
B. The Council considered adoption of an ordinance
r accepting competitive bids and providing for the award of
r contracts for public works or improvements.
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NO. 89-118
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING
FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR
IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE.
Hopkins motioned, Alexander seconded tt. adopt the ordinance.
Gorton 1„vote;, McAdams "aye," Alexander "aye," Hopkins "aye,„
E ye. Ayer aye, Boyd "aye," and Mayor Stephens
"aye." Motion carried unanimously.
t C. 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
G services.
NO. 89-119
i
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHA:E OF MATERIALS, EQUIPMENT,
'I SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE,
McAdams motioned, Alexander seconded to adopt the ordinance.
On toll „vote, , McAdams "aye," Alexander "aye," Hopkins "aye,"
Gorton "aye," Ayer to aye," Boyd "aye," and Mayor Stephens
"aye.* Motion carried unanimously.
D. Item 3.D. was considered later in the meeting,
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E. Item 3.E. was considered later in the meeting.
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Se
89
Page 6
F. The Council considered adoption of an ordinance
amending the schedule of electric rates and adding a new OL
(Other Lighting), IDR (Industrial Development Rate), and TS
(Thermal Storage Rate) rate schedules. (PUB recommended
approval.)
R. E. Nelson, Executive Director for Utilities, reported on
items 3,F., 3.G., and 3.H. which all dealt with utility
adjustments. The process of rate review started very early in
the year. The Utility Department employed the services rate
consulting engineering firm on the electric of a
raes .H
Guensey) and also employed a consulting firm on thetwaterCand
sewer rates to review the in-house work. In the electric
system, Staff recommended a 1.6% overall reduction in electric
rates. In the water and wastewater rates, Staff recommended an
8.5% increase.
Council Member Boyd
questioned the philosophy used to determine
which rates would increase and to what extent.
Nelson stated that a rate study compared all components of coat
fixed coats, variable costa, and customer costs. Customer
coats were meter reading, service to customer and stand-by
personnel to respond to customer needs, Fixed costa were plant
costs (mortgage, personnel, etc.). Variable costs
chemicals used to treat water, natural gas used to were
compared elctricity,
tAec. Al to customer classes usage generate
patterns were
used by each.
coats percentage of the costa
council member Gorton questioned who would be using the 200 at
mentioned in the Industrial 'conomic Development Rider Rate
Schedule.
Nelson stated that 200 KW would be used by any establishment
which had at least 20,000-30,000 square feet.
The following ordinance was considered:
NO, 69-122
AN ORDINANCE AMENDING THE SCHEDULE OF ELECTRIC RAPES
A
ND ADDING A NEW OL (OTHER LIGHTING), IDR (INDUSTRIAL
DEVELOPMENT RATE), (L RATE)
SCHEDULES; PROVIDINGN FORS A TSEVERABILOITYG CLAUSE; RAND
PROVIDING FOR AN EFFECTIVE DATE.
McAdams motioned,
On roll vote, McAdameGorton seconded adoption of the ordinance.
Orton Hays, Ayer «a aye," Alexander Playa " Hopkins "aye,"
f "aye." Motion carried unanimouBod sly, aye' and Mayor Stepens
55y
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City of Denton city Council Minutes
September 19, 1989
1 Page 7
0. The Council considered adoption of an ordinance
amending the Schedule of Rates for Water Service. (PUB
recommended approval.
R. E. Nelson. Executive Director for Utilities, explained the
methodology used was very similar to the electric study. The
rates had been thoroughly reviewed by the Public Utility Board.
The following ordinance was considered:
NO. 89-123
^ AN ORDINANCE AMENDING THE SCHEDULE OF RATES FOR WATER
/ SERVICE; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
I McAdams motioned, Hopkins seconded to adopt the ordinance. On
roll vote, McAdams "aye," Alexander „aye," Hopkins "aye,"
i Gorton "aye," Ayer „aye," Boyd "aye," and Mayor Stephens
"aye." Motion carried unanimously.
H. The Council considered adoption of an ordinance
amending the schedule of Rates for Sewer Service. (PUB
recommended approval.)
The Mayor stated that a difference in opinion as to how the
rates would be structured for the people affected by the
service had been brought to his attention.
The Mayor motioned to table Item 3.H. until October 3 to allow
the Public Utility Board to meet with the restaurant people to
look in depth at the issue. Gorton seconded the motion. On
roll vote, McAdams "aye," Alexander "aye," Hopkins "aye,,,
Gorton "aye," Ayer "aye," Boyd "nay," and Mayor Stephens
"aye." Motion carried with a vote of 6-1.
1. The Council considered adoption of an ordinance
of the City of Denton establishing rates for residential and
commercial sanitation collection services as authorized by
Chapter 12 of the Code of ordinances of the City of Denton.
Lloyd Harrell, City Manager, stated that items 3.1. and 3.J.
implemented the small increases which were proposed in the
budget for the City Solid Waste system. All funds collected
from the increases would be earmarked to pay additional costs
due to the State of Texas.
The following ordinance was considered:
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September 19, 1989
Page 8
NO. 89-124
AN ORDINANCE OF THE CITY OF DENTON ESTABLISHING RATES
FOR RESIDENTIAL AND COMMERCIAL SANITATION COLLECTION
SERVICES AS AUTHORIZED BY CHAPTER 12 OF THE CODE OF
ORDINANCES OF THE CITY OF DENTON: AND PROVIDING FOR
AN EFFECTIVE DATE.
Alexander motioned, Hopkins seconded to adopt the ordinance.
On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye,',
Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens
"aye." Motion carried unanimously.
J. The Council considered adoption of an ordinance
of the City of Denton establishing rates for the use of the
City's Sanitary Landfill site as authorized by Chapter 12 of
the Code of Ordinances of the City of Denton.
Tho following ordinance was considered:
NO. 89-125
I
AN ORDINANCE OF THE CITY OF DENTON ESTABLISHING RATES
FOR THE USE OF THE CITY'S SANITARY LANDFILL SITE AS
AUTHORIZED BY CHAPTER 12 OF THE CODE OF ORDINANCES OF
THE CITY OF DENTON, AND PROVIDING FOR AN EFFECTIVE
DATE.
Alexander motioned, Hopkins seconded to adopt the ordinance.
On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Gorton "Aye," Ayer "aye," Boyd "aye," and Mayor Stephens
"aye." Motion carried unanimously.
K. Item 3.K. was considered earlier in the meeting.
L. The Council considered adoption of an ordinance
of the City Council of the City of Denton designating
depositories for city funds for a term beginning October 1,
1989 and ending September 30, 1991.
John McOrane, Executive Director for Finance, stated that the
ordinance would allow the City to enter into agreements with
bank depositories. Three bids were received, and Staff
recommended acceptance of the bid from First State Bank, First
State Bank would give T-Bill rate on all City time deposits,
and there would be no cost for services other than voucher and
payroll checks and deposit slips at cost.
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Mayor Pro Tem Ayer asked what the difference was between the
City's principal depository and the other banks that the city
proposed to do business with.
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September 19, 1989
Page 9
McOrane stated the recommended depository would be the deposit
of those City funds for operation and maintenance costs with a
cap of $10 million. The others would be investments outside of
,that.
Council Member Boyd questioned what specific actions would be
taken in the contract to assure City deposit money was safe.
MCGrane stated that a bank rating was asked for in the bid
be secured 3t a favorable rating.
deposits had received
required State Bank
proposal. ontract First
The c
The following ordinance was considered:
NO. 89-127
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON
DESIGNATING DEPOEITOR.ES FOR CITY FUNDS FOR A TERM
BEGINNING OCTOBER 1, 1989 AND ENDING SEPTEMBER 30,
1991.
McAdams motioned, Hopkins seconded to adopt the ordinance. On
rcll vote, McAdams "dye," Alexander "aye," Hopkins "aye," 1
Goct,on "aye," Ayer "aye," Boyd "aye," and Mayor Stephens
„aye " Motion carried unanimously. I
M. Tho Council considered adoption of an ordinance
awarding a contract for the purchase of software and services 1
from Environmental Systeme Research Inat.itute, Inc. (PUB
recommended approval.)
started Lloyd Harrell, City Manager, stated that the ordinance formally
3.N. were the first of between five and six purchases necessary
to implement the system. The in-house task force had done a
very complete and in depth study of the GIS system,
Rick Svehla, Deputy City Manager, stated that the proposal
presented Council was the beat for the lowest price.
Council Member Alexander asked about the availability of
connectivity with and
interchange of information ofbe system tw en being City developed system and the
system at COG.
Mr. Svehla reported the COG system was exactly the same system
staff was recommending to Council.
The following ordinance was considered:
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September 19, 1989
~ Page 10
NO. 89-128
AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF
SOFTWARE AND SERVICES FROM ENVIRONMENTAL SYSTEMS
RESEARCH IT PROVIDING RFOR T
EXPENDITURE OF FUNDS THEREFORE: AND PROVIDING y
EXPENDITURE AN
EFFECTIVE DATE. 1
Alexander motioned, Gorton seconded to adopt the ordinance. On
toll vote, McAdams "aye." ABllexdandar "aye." HopkinsSt"aye." ~ 'aye. and Mayor ens
Gorton aye, Ayer 11 aye,
aye, Motion carried unanimously.
N. ThE Council considered adoption fthe ordinance
award of
accepting competitive bids and providing for
contracts for the purchase of materials, equipment, supplies or
services. pproval.) (Bid (Data Processing Hardware) Board recommended
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Lloyd Harrell, City Manager, stated that the ordinance provided
for the upgrade of the mainframe for the GIS program.
The following ordinance was considered:
NO. 89-130
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT,
DATE,OF
SUPPLIES FUNDSTHEREFORE, AND~PROVIDING PROVIDING FOR THE FOR AN EFFECTIVE EXPENDITURE
~ Ayer motioned, Gorton seconded to adopt the ordinance. On roll ~
vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton
"aye," Ayer "aye," Boyd "aye," and Mayor Stepi.ens "aye."
Motion carried unanimously.
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` E p, The Council considered adoption of an fccinllie
accepting the proposal of Sun Financial Group
insurance coverage for city employees.
I Paulette Owens-Holmes, Assistant Director of Personnel, stated
that the ordinance provided a contract for life Insurance and
accidental death and dismemberment.
Council Member Hopkins stated she was uncomfortable in the
separate treatment of employees and executives.
The following ordinance was considered:
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City of Denton City Council Minutes
September 19, 1989
Page 11
fi NO. 89-130
AN ORDINANCE ACCEPTING THE PROPOSAL OF SUN FINANCIAL
GROUP FOR LIFE INSURANCE COVERAGE FOR CITY EMPLOYEES;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND
DECLARING AN EFFECTIVE DATE. II
Alexander motioned, Gorton seconded to adopt the ordinance, On 1
roll vote, McAdams "nay," Alexander "aye," Hopkins "nay,"
Gorton "aye," Ayer "aye," Boyd "nay," and Mayor Stephens
"aye." Motion carried by a 4-3 vote.
P. The Council considered adoption of an ordinance
approving a contract for Boiler and Machinery Coverage. (RFP
iI 01005 - Boiler and Machinery Insurance) I
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Harlan Jefferson, Risk Manager, stated that the Arkwright ~
boiler and machinery proposal presented to the council was one
of four responses received. The proposal met specification and
!I was $18,788 less than the next closest proposal and 423,000
less than last years premium. Premium reduction was a result
of increasing city deductibles from $1,000 minimum to $5,000
and secondly, the City beginning the process of installing a
fire suppression system at the power plant. The PUB
recommended acceptance of the proposal.
Mayor Pro Tem Ayer questioned why a bid summary shoot had not
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i Mr. Jefferson stated that the formal bid summary shoot from
l Purchasing had not been included. However, Mr. Jefferson's
memorandum evaluating the proposal on 14 criteria would be
( considered the bid summary.
` I The following ordinance was considered:
NO. 89-131 +
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AN ORDINANCE ACCEPTING THE PROPOSAL OF ARWW IGHT
MUTUAL INSURANCE COMPANY FOR BOILER AND MACHINERY
INSURANCE COVERAGE; AUTHORIZING THE EXPENDITURE OF
FUNDS THEREFOR; AND DECLARING AN EFFECTIVE DATE,
Ayer motioned, McAdams seconded to adopt the ordinance. On
` roll vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens
"aye." Motion carried unanimously,
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City of Denton city council minutes
September 19, 1989
Page 12
Q. The council considered adoption of an ordinance
Floater and
contract Contractor
approving a
- Self insured
Automobile Physical Damage Coverage (RFPu01006 Equipment
Retention Program)
Harlan Jefferson, Risk Manager, stated that the City received
only one response to the bid from Employers Casualty.
expensive vehicles
coverage
from to $15cover ,000 to the most
$400 000.
ange a in designed
which r
The following ordinance was considered:
` NO. 89-132
AN ORDINANCE ACCEPTING THE PROPOSAL OF EMPLOYERS
1. CASUALTY COMPANY FOR AUTOMOBILE PHYSICAL DAMAGE
COVERAGE AND CONTRACTORS EQUIPMENT FLOATER INSURANCE
COVERAGE FOR THE CITY: AUTHORIZING THE EXPENDITURE OF
FUNDS THEREFORE: AND DECLARING A14 EFFECTIVE DATE.
McAdams motioned, Alexander seconded to adoption the
McAdams "aye," Alexander "aye," I
ordinance. On roll vote,
,
I Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor
Stephens "aye." Motion carried unanimously. i
` R. The Council considered adoption of an ordinance {
approving Insurance. a (RFP contract 01006 - Self-Insured n Retention Programjiability
F Harlan Jefferson, Risk Manager, stated that the City received
only one response from Frank B. Hall and Company. The company
presently provided the City coverage for the policy and were
I reducing the premium by $1,000.
The Council considered the following ordinance:
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NO. 89-133
AN ORDINANCE ACCEPTING THE PROPOSAL OF FRANK S. HALL
AND COMPANY FOR AIRPORT AND HANGARKEEPERS LIABILITY
INSURANCE COVERAGE FOR THE DENTON MUNICIPAL AIRPORT;
f AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE: AND
DECLARING AN EFFECTIVE DATE. I
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Hopkins motioned, McAdams seconded to adopt the ordinance. On
roll vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens
"aye." Motion carried unanimously.
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The following items were considered out of order.
D. The Council considered adoption of an ordinance
adopting the Annual Program of Services for FY 1969-90.
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City of Denton city council minutes
September 19, 1989
Page 13
John McGrane, Executive Director for Finance, stated Exhibit A
Incorporated all of the adjustments to the City Manager's
proposed budget including technical adjustments such as the
Library contribution from the County: adjustments to line items
made at previous meetings: and adjustments from the packages
considered by Council that evening. The offsetting utility
adjustments for the administrative transfer and the adjustments
that were made to the economic development contribution were
also included. The ad valorem taxes would be reduced by
$120,264 and a $4,915 net decrease in utilities. The total tax
rate would be reduced from 62.40 to 61.83
The following ordinance was considered:
NO. 84-120
AN ORDINANCE ADOPTING THE BUDGET FOR THE CITY OF
DENTON, TEXAS, FOR THE FISCAL YEAR BEGINNING ON
OCTOBER 1, 1989, AND ENDING ON SEPTEMBER 30, 1990: AND
DECLARING AN EFFECTIVE DATE.
Boyd motioned, Hopkins seconded to adopt the ordinance with the
changes outlined in Exhibit A as was presented to the Council.
On roll vote, McAdams "nay," Alexander "aye," Hopkins "aye,•
Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens
"aye." Motion carried with a 6-1 vote.
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E. The Council considered adoption of an ordinance
! approving the tax rate for FY 1989-90.
John McGrane, Executive Director for Finance, stated that the
ordinance as submitted needed to be changed. In Section 1, the
! following change would be made 15.6183 on each $100.00 assessed
value of all taxable property." In Section II, the following
change would be made "That the total tax, $.4097 on each
$100.00 of assessed value..." The ordinance set the tax rate
and increased the amount of exemption for persons 65 years of
age or older to $18,000, an increase of $1,000.
The following ordinance was considered:
NO. 89-121 j
AN ORDINANCE LEVYING THE AD VALOREM TAX OF THE CITY OF
DENTON, TEXAS, FOR THE YEAR 1989, ON ALL TAXABLE
PROPERTY WITHIN CORPORATE LIMITS OF THE CITY ON
JANUARY 1, 1989, NOT EXEMPT BY LAW: PROVIDING REVENUES
FOR PAYMENT OF CURRENT MUNICIPAL EXPENSES, AND FOR
INTEREST AND SINKING FUND ON OUTSTANDING CITY OF
DENTON BONDS: PROVIDING FOR LIMITED EXEMPTION OF j
1 CERTAIN HOMESTEADS; PROVIDING FOR ENFORCEMENT OF
COLLECTIONS; PROVIDING FOR A SEVERABILITY CLAUSE, AND
PROVIDING AN EFFECTIVE DATE.
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City of Denton City Council Minutes
September 19, 1989
Page 14
4
Ayer motioned, Alexander seconded to adopt ordinance. On roll
vote, McAdams "nay," Alexander "aye," Hopkins "aye." Gorton
"aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye."
Motion carried on 6-1 vote.
Regular agenda order was resumed.
4. A. The Council considered approval of a resolution
approving year-end budget adjustments for FY 1988-89. I
LLoyd Harrell. City Manager, reported that the resolution was a
housekeeping measure for the end of the current fiscal year.
The following resolution was considered:
RESOLUTION NO. R89-062A
A RESOLUTION APPROVING BUDGET ADJUSTMENTS FOR FISCAL
YEAR L989-90: AND DECLARING AN EFFECTIVE DATE.
McAdams motioned, Mayor seconded motion to approve the
resolution. On roll vote, McAdams "aye," Alexander "aye,"
Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor
Stephens "aye." Motion carried unanimously.
B. The Council considered approval of a resolution
approving policy number 107.06, Occupational Injury Benefit
Program. v
The following resolution was considered:
' RESOLUTION NO. R89-063
A RESOLUTION ADOPTING A POLICY REGARDING EMPLOYEE
RULES AND REGULATIONS, AND DECLARING AN EFFECTIVE DATE.
t
k McAdams motioned, Gorton seconded to approve the resolution. +
On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens 1
"aye." Motion carried unanimously.
C. The Council considered approval of a resolution
accepting a grant offer from the Federal Aviation
Administration in the amount of $300,000.00 for the
construction of drainage improvements at the Denton Municipal
Airport. (The Airport Advisory Board recommended approval.)
f Rick Svehla, Deputy City Manager, reported that the FAA offered
the City a grant of some $300,000 of Federal money which would
be matched by 433,000 from the City of Denton to rehabilitate
the infield drainage system.
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City of Denton city council Minutes
September 19, 1989
Page 15
c
The following resolution as considered:
RESOLUTION NO. R69-069
A RESOLUTION ACCEPTING A GRANT OFFER FROM THE FEDERAL
AVIATION ADMINISTRATION IN THE AMOUNT OF $300,000.00
FOR THE CONSTRUCTION OF DRAINAGE IMPROVEMENTS AT THE
DENTON MUNICIPAL AIRPORT; AND PROVIDING FOR AN
EFFECTIVE DATE.
McAdams motioned, Alexander seconded to approve the
resolution.
Council Member Ayer questioned the memorandums figures
indicating that the FAA grant would actually amount to
$300,000.00 and the City portion would be $33,000.
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Mr. Svehla stated that the FAA looked at the total grant as
$333,000 and the City's 10% $33,000, not 10% of the $300,000
figure.
Mayor Pro Tem Ayer requested the minutes reflect $33,000 was a
E good deal more than 10% of $300,000.
f On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens
"aye." Motion carried unanimously.
D. The Council considered approval of a resolution
appointing members to the North Texas Higher Education
Authority.
The Mayor reported that the Council had discussed the matter in
Executive session and had voted in open session to recommend
these names be presented in formal resolution for approval.
The Council recommended Dr. Lindsay Keffer, Jay Anderson and
f James Brock.
The following resolution was considered:
RESOLUTION NO. R89-065
A RESOLUTION APPOINTING MEMBERS TO THE NORTH TEXAS
HIGHER EDUCATION AUTHORITY; AND DECLARING AN EFFECTIVE
DATE.
1 McAdams motioned, Boyd seconded the approval of the
resolution. On roll vote, McAdams "aye," Alexander "aye,"
Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor
Stephens "aye." Motion carried unanimously.
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City of Denton City Council Minutes
September 19. 1989
Page 16
E. The council considered approval Of a resolution
accepting a grant from the Criminal Justice Division of the
Governor's Office for employment of a Police Officer to teach
Drug Abuse Resistance Education and authorizing the City
Manager to execute a contract between the City of Denton and
the Governor of the State of Texas for said grant.
Lloyd Harrell, City Manager, stated that both items 4.E. and
4.F. dealt with implementation items included within the
budget. Both of the items involved receiving 90% funding for
two different positions to be located within the city Police
Department. The City share would be limited to 10% of the
grant amount for both programs. II
The following resolution was considered: 1
.a
RESOLUTION NO. R89-066
I
A RESOLUTION ACCEPTING A GRANT FROM THE CRIMINAL
f JUSTICE DIVISION OF THE GOVERNOR'S OFFICE FOR
EMPLOYMENT OF A POLICE OFFICER TO TEACH DRUG ABUSE {
RESISTANCE EDUCATION: AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT BETWEEN THE CITY OF DENTON AND THE
GOVERNOR OF THE STATE OF TEXAS FOR SAID GRANT, AND
PROVIDING FOR AN EFFECTIVE DATE,
McAdams motioned, Gorton seconded to approve the resolution.
On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens
'aye." Motion carried unanimously.
J
F. The Council considered approval of a resolution
accepting a grant from the Criminal Justice Division of the
Governor's office for employment of a child abuse investigator
and authorizing the City Manager to execute a contract between
the City of Denton and The Governor of the State of Texas for
said grant.
The following resolution was considered: 1
RESOLUTION NO. R89-067
I
A RESOLUTION ACCEPTING A GRANT FROM THE CRIMINAL
JUSTICE DIVISION OF THE GOVERNOR'S OFFICE FOR
` EMPLOYMENT OF A CHILD ABUSE INVESTIGATOR: AUTHORIZING
( THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE
CITY OF DENTON AND THE GOVERNOR OF THE STATE OF TEXAS
FOR SAID GRANT: AND PROVIDING FOR AN EFFECTIVE DATE.
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City of Denton city council minutes
September 19, 1989
Page 17
Hopkins motioned, McAdams seconded to approve the resolution.
On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens
"aye." Motion carried unanimously.
G. The Council considered approval of a resolution
authorizing a Traffic Light Synchronization Program Grant
Application to promote the conservation of energy resources.
Rick Svehla, Deputy City Manager, stated that the resolution
authorized the City to apply for a grant from the State
Department of Highways and Public Transportation for a
synchronization study. The City proposed that the application
be for Belt Avenue from University to Eagle Drive. With
approval, the City would be eligible for 75/25 money for the
1 grant up to $50,000.
Mayor Pro Tem. Ayer questioned what would be done for pedestrian
control lights.
Mr. Svehla responded that pedestrian control lights would be a
part of the study and used in making a determination on the
phasing or cycling of the lights.
C Council Member Gorton questioned if the application would be
looking at left turn lanes on Bell at McKinney.
Mr. Svehla stated that a present study was being completed as a
part of the current year's budget at that intersection.
Council Member Gorton encouraged the City to establish a
M dialogue with Texas Woman's University to support the
` grant.
Mr. Svehla indicated that this dialogue would be maintained.
The following resolution was considered.,
i
RESOLUTION NO. R89-068
I
A RESOLUTION AUTHORIZING A TRAFFIC LIGHT
SYNCHRONIZATION PROGRAM GRANT APPLICATION TO PROMOTE
THE CONSERVATION OF ENERGY RESOURCES, AND DECLARING
AN EFFECTIVE DATE.
Boyd motioned, Ayers seconded to approve the resolution. On
ffff roll vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens
aye. Motion carried unanimously.
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City of Denton City Council Minutes
September 19, 1989
Page 18
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5• The Council considered a motion a
of hotel/motel tax recipients: PPcoving the budgets
A. Denton Convention and Visitors Bureau J
B. North Texas Fair Association l
C. Denton County Historical Commission
D. Denton County Historical Museum
E. Greater Denton Arts Council
Lloyd Harrell, City Manager, stated that under the new state
law Council was required to approve the budgets. Mr. Harrell
also stated that the contracts for the agencies would need to
i be reviewed. Some changes to the contracts were recommended by
j the Legal staff. Discussion during the budget hearings of
putting a cap on the amount given to the various organizations
and the request of the Historical Museum to be broken out and
treated separately from the Historical Commission needed to be
addressed. The recommendation of the Staff was that the
various budgets as submitted be approved to be in compliance
j with state law, and to take into consideration the various
contracts the City had with the agencies. The consideration of
contracts would require a 9o day notice to the agencies.
i
Alexander motioned, Gorton seconded to approve the budgets of
the hotel/motel tax recipients.
Council Member Gorton questioned if any substantial changes J
were made by the organizations would the council be obligated ~I
i to approve the changes.
Debra Drayovitch, City Attorney, indicated that she would
research the question.
Council Member Hopkins questioned if the council were required
f ova and vmake changes all atf one tiReber 1 of could the Council wait
City Manager Harrell replied that this was a new state law and
' required council to approve the budget. The concern of staff
was that someone could call into question an expenditure from a
budget that had not been approved by Council. The staff
recommendation was to approve the budgets, and if substantial
changes were made after the new contracts had been developed,
to conRider amendments to the budgets.
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City of Denton City Council Minutes
September 19, 1969
d Page 19
Council Member McAdams stated that .he present contracts
entitled the agencies to the percentage of monies outlined in
the contracts and no changes can be made without their approval
without a 90 day notice.
Council Member Gorton questioned if the disbursements were on a
quarterly basis.
City Attorney Drayovitch replied that the agencies did receive
their disbursements on a quarterly basis. She also stated that
the statute does not provide for amendments to the budget.
On roll vote, McAdams "aye," Alexander "aye," Hopkins Faye,,,
Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens
"aye." Motion carried unanimously.
Mayor Pro Tem Ayer suggested that a standardized budget form be
{ used for these agencies.
The Mayor instructed the Executive Director of Finance to
develop a standardized form and to meet with the agencies to
determine if this form met their needs.
Council Member McAdams stated that if the council were going to
consider looking at the contracts of these agencies, that the
agencies be made apprised of the matter.
Council Member Boyd suggested the Council instruct the City
Attorney to give the agencies a 90 day notice that the Council
intended to renegotiate their contracts.
f 6. Miscellaneous matters from the City Manager.
Lloyd Harrell, City Manager, reported that the only item was
{ the August budget recap which had been included in the agenda
packet.
j 7. There was no Work Session Executive session.
6. New Business
No Items of new business were suggested by Council Members for
future agendas.
` The Council returned to work study items,
f 2. The Council considered holding a discussion concerning
Eagle Point Subdivision street closing area.
The consensus of the Council was to postpone the item to the
most reasonable date.
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City of Denton City Council Minutes
September 14, 1989
Page 20
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3. The council considered holding a discussion
considering request from the City of Argyle for sanitary sewer
service.
Council Member Hopkins questioned why the item had not been
referred to the regional group,
City Manager Harrell stated that the item was discussed at the
Public Utility Board meeting and their recommendation would be
to refer the item to the Upper Trinity River Authority.
The consensus of the Council as to postpone the item to the
most reasonable date. {
4. The Council considered holding a discussion concerning
contracts with hotel/motel tax recipients.
i
The consensus of the Council as to postpone the item to the
most reasonable date.
Regular agenda order was resumed.
9. The Council convened into the Executive Session to
discuss legal matters (considered action in Denton County Va.
City, in Re: Flo v, and Golden Triangle Joint Venture 6 Pep Boys
Manny. Moe s Jack vs. City), real estate and personnel/board
appointments (considered appointment of voting d(,legates of v
National League of Cities, appointments to the Board of
Adjustment, Building Code Board, Animal Control Advisory
committee and appointment of a nominee to the Denton Central
Appraisal District).
The Council reconvened into open session and took the following
action:
A. Gorton motioned, Ayer seconded to appoint Jane
Hopkins as delegate and Randy Boyd as alternate to the National
League of Cities. Unanimously approved appointment,
B. Alexander motioned, Hopkins seconded to appoint
Marcia Staff as delegate and E. Ray Griffin as alternate to the
Board of Adjustment. Unanimously approved appointment.
C. Ayer motioned, Boyd seconded to appoint Chip
Sargent to the Denton Central Appraisal District. Unanimously
approved appointment.
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City of Denton City Council Minutes r
September 19, 1989
Page 21
With no futnier business, the meeting adjourned at 10:40 p.m.
kt
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RAY STEPHENS, MAYOR
CITY OF DENTON, TEXAS
BETTY WILLIAMS
DEPUTY CITY SECRETARY
CITY OF DENTON, TEXAS
4764M
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CITY OF DENTON CITY COUNCIL MINUTES
NOVEMBER 7, 1989
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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, Hopkins and
McAdams.
ABSENT: None
4:30 p.m.
transportation
Locust and Myrtle cStreetsisouthtofcEagle tDrive.
routes on The
i Mayor Stephens, Mayor Pro Tem Ayer and Council Member Hopkins
participated in the tout.
5:30 p.m.
f
weren attending the participants s meeting. Leadership
Mayor Denton class e who recognized
De
f I 1, The Council held a discussion regarding exempting
aircraft from personal property taxes.
E
John Mcdtane, Executive Director for Finance, stated that
{ effective January 1, 1990, House Bill 82 provided that all
s tangible personal property other than manufactured homos that
were not held or used for the production of income would be
exempt from property taxes. Council could act and rescind this
action by following certain guidelines. In the City of Denton
I this primarily dealt with airplanes. The Airport Advisory
Board had unanimously recommended not to tax the aircraft.
Consensus of the Council was to allow the exemption and not tax
the aircraft.
2, The Council received a presentation and held a
discussion of the DENCO E-9-1-1•pcoposed budget.
Bill Munn, Executive Director of E-9-1-1, stated that six other
I jurisdictions had formally approved the E-9-1-1 budget. He
stated that they hoped to have all contracts signed by December
schedule,[iclie felto that oin March/April they couldsbegin to
install the system in cities, He stated that they were not
anticipating borrowing money or issuing bonds to pay to put the
{ system on-line.
Consensus of the council was to schedule a resolution to be
presented at the next Council meeting,
}
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City of Denton City Council Minutes
November 7, 1989
Page 2
3. The Council held a discussion regarding Planning and
Zoning Commission's recommendation for the C,pital Improvement
Plan.
Lloyd Harrell, City Manager, discussed the process used this
year to determine the CIP program. He stated that the CIP
program was a requirement of the City Charter. He then
reviewed the document with the following notations: (1) pages
1-9 were the CIP items recommended by the Planning and Zoning
Commission for the next five years. The sections were divided
by categories such as sidewalks, streets, etc. New categories
were "sold bonds", 111986 bonds" and "future bonds or CO's".
(2) pages 10-31 were the Utility five year CIP for electric,
water and wastewater. These were divided by bond funds or
current revenue. (3) pages 32-37 were a detail of the next
five year schedule and a general direction of the next
projects. (4) pages 38-39 were FYI pages comparing the CIP as
i submitted to the voters three years ago compared to the present
schedule. (5) pages 40-42 showed where the projects had been
moved. (6) page 43 was the General Government area of the
CIP. (7) page 44 was the Executive Summary. Harrell stated
that there were some policy changes in the CIP program. The
original CIP program had been stretched out with several
projects moved back in order to keep taxes down, Staff and the
Planning and Zoning Commission were recommending that as the
projects were stretched out, a small election could be held in
1991 for streets and drainage only. Then, in 1993, a new
comprehensive program could be presented with new streets and
drainage projects and hold an election then for those
projects. The projects that had been pushed back included two
recreation centers and the law enforcement center. 1990-91
would see the first funding for the law enforcement center with J
a study being conducted before any building were to begin. I
Frank Robbins, Executive Director for Planning, reviewed the
projects by categories and years.
Consensus of the Council was to proceed with the program as
presented with a public hearing and formal resolution to be
scheduled in the near future.
4. The Council held aI discussion on the proposed
revisions of the Subdivision and Land Development Regulations.
Frank Robbins, Executive Director for Planning, presented an
overview of the work done with the platting process. Exhibit A
details that analysis.
5. The Council did not meet in Executive Session during
the Work Session.
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City of Denton City Council Minutes
November 7, 1989
Page 3
The Council convened into the Regular Session at 7:00 p.m. in
the Council Chambers,
PRESENT: MMayor embers StAlexander, Boyd, Gorton. Hopkins and
McAdams.
ABSENT: None
1, The Council considered approval of the minutes of the
regular sessions of August 1 and August 15, 1989, the special
call session of August 22, 1989 and the work session of August
29, 1989.
I f McAdams motioned, Gorton seconded to approve the minutes as
submitted. Motion carried unanimously.
2. The Council received a citizen's report from Mr. Bruce
McMahon regarding the sign ordinance.
j Bruce McMahon stated that the sign ordinance was not in good
I working order as there was no room for arbitration. It was
necessary for him to change his Gulf oil sign to a Chevron
sign. He had requested a variance in the sign ordinance to
allow a higher sign than 6 feet. The Development Review
Committee had denied his request for a variance. McMahon felt
that a 6 foot sign was too short as there were other higher
M i signs in the area. He had asked for a twenty foot sign from a
thirty foot sign and had cut the overall signage down by 50%.
4 A six foot sign would be a hazard as drivers could not see over
it.
Council Member Alexander asked McMahon what he would like to
see done with the sign ordinance.
McMahon replied he could like to see some flexibility to reduce
the size of signs and not such a drastic change.
Council
to asked h w they staff
handling the situation.
cities In the area Boyd
Frank Robbins, Executive Director for Planning, stated that the
standards used in Denton were similar to the standards other
communities had. Denton's standards were consistent with many
of the other cities in the Metroplex.
3, The Council received a report from Carl Anderson
representing the Park Board regarding the curtailment of hours
of operation for the City of Denton Recreation Centers,
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November 7, 1989
' Page 4
Roy Appleton III spoke for Mr. Anderson. Appleton stated that
11 hours per week had been cut from each of the recreation
centers in order to save $14,000. The Park Board had received
numerous complaints from citizens and from representatives from
Advisory Boards of the four recreation centers. The Park Board
was surprised to learn of the curtailment and had not been
involved in the discussions about it. The Board was
unanimously opposed to the curtailment of the hours. He felt a
bad message was being sent about the commitment of the Council
and the City to the park system. The Board urged the Council
to authorize staff to look at the budget and find a way to
reinstate the money needed to restore the reduced hours.
1 Council Member McAdams stated that when staff prepared their
h various budget, there was a basic budget and supplemental
packages. In the view of staff, that particular item was a
part of the supplemental package, it was not a part of the
basic budget. It was not a matter of Council saying what was
most important. Staff made the decision to put that particular I
item in the supplemental budget rather than in the basic budget. 1
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Appleton replied that he understood that process and questioned
the Item ever being put in a supplemental package, What was
needed was an expansion of the hours of the recreation centers,
not cutting back. If bond issues were going to be passed and
centers built, they had to be properly maintained, operated and
j staffed. The citizens who voted for the bonds for the
recreation centers wanted the centers open. The hours needed
to be expanded rather than curtailed.
McAdams replied that she was suggesting that it was not
necessary for the Council to give permission to staff to find
the money to keep the centers open, it was a staff decision to 1
put it on the supplemental list in the first place. Staff
could take out something, not hire another employee or do
something else to find the money for those hours.
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Appleton replied that the staff could still find ways within
the existing budget to fund those hours.
McAdams replied yes.
Council Member Hopkins stated that the issue was not taken
lightly. Council also had a responsibility to taxpayers to do
what they could to hold taxes. she asked Steve Brinkman,
Director of Parks and Recreation, what the recreation budget
was.
Brinkman replied approximately $2.2 million.
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Hopkins continued that out of that $2.2 million, the Parks
Department could find the $14,000 needed to restore the hours.
The decision was not done lightly.
Council Member Boyd stated that he would like to find a way to
restore the hours either within the Parks budget or perhaps
from unencumbered funds.
Mayor Pro Tem Ayer stated that the Parks Department with its
large budget could not go free without any cuts. He would like
to see the Parks Department, with the assistance and advise of
the Parks Board, take a careful look at the budget and see if
the budget could be rearranged in order to restore the hours.
Appleton replied that the Board did not know they had that
option.
Debra Drayovitch, City Attorney, stated that Section 8.7 of the
Charter provided that the city manager could, at any time,
transfer any unencumbered appropriation balance or portion
thereof, between general classifications of expenditures within
the department.
Mayor Stephens stated that the Park Board could work with the
j Parks Department and sake recommendations on how to shift funds
to restore the curtailed hours. Hours could be adjusted if
needed and if the money were found within the park budget.
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4. The Council received a citi2en's report from Mr. Frank
Dalton representing the North Lakes Advisory Board regarding
the curtailment of hours of operation for the City of Denton
Recreation Centers.
Frank Dalton, North Lakes Advisory Board, presented a petition
against the curtailment with 130 signatures on it, He felt the
hours should be expanded, not curtailed. The centers should be
open later at night and more on the weekends.
5. The Council received a presentation from Norm Thomas,
Mayor of Argyle, discussing wholesale wastewater services from
the City of Denton.
Mayor Thomas stated that the City of Argyle had some concerns
about wastewater and its ability to move the wastewater. He
1 referred to an exhibit in the back-up material which encouraged
the City of Denton to enter into a contract with the City of
Argyle and to a draft contract. He had one exception to the
contract that dealt with the City of Argyle entering into a
contract with the Upper Trinity Regional Water District.
Argyle believed that it was now ready to receive services and
desired to enter into a contract with the City of Denton. He
presented figures that showed that the Denton system would be
able to
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handle the wastes from Argyle. In the early stages of
planning, Denton considered using the plant as a regional
cot.2ept which could service other areas in close prorcimity. A
facilities plan was developed which called for Argyle to be a
leading candidate to be serviced. The plan showed a line going
directly to Argyle. He stated that an Argyle Independent
School District bond had successfully passed which would allow
them to construct a new campus. The construction of the new
school would immediately destroy the current septic system as
they would be building over the top of it. ThQy would not have
a system to take care of the waste within approximately a month
--1 after the start of construction. The proposed contract would
be an interim contract which involved trucking the waste to
Denton for treatment. Argyle had also looked at long term
plans which would involve laying a line along Country Club Road
to Denton's collection system. At the present time, Argyle had
only one customer, the school district. No other customers
were foreseen for approximately 18 months to two years. Three
options were discussed which included (1) continue with a
malfunctioning septic system, (2) build its own plant, and (3) j
enter into a contract with Denton. The first two options were
not seen as viable which left the best option of a contract
j with Denton. Argyle desired Denton to consider the contract
but with the deletion of "with the Upper Trinity Regional Water
District". Reasons for deleting that phrase were that the y
School District did not want to enter into so many contracts, 1
added cost, and legal concerns. Legal concerns included to
be eligible for a member contract with the Upper Trinity Rivar, j
Argyle must be in the business of supplying some utility
service which they were not doing at the present time, (2)
payments for the management through the Upper Trinity were
requited to be from revenues generated by the combined water
works and sewer system according to the contract which Argyle
did not have. Argyle did not have the prerequisits needed to
enter into a contract with the Upper Trinity Regional Water
District.
Council Member Hopkins stated that the letter Mayor Thomas
referred to was almost 10 years old and changes in the
wastewater system and environmental laws and issues had changed
dramatically since the original plans had been developed. She
had no problem with an interim contract but not a permanent
1 contract. She stated that Mr. Nelson had assured her that the
f j Public Utilities Hoard agreed that this was to be an interim
contract.
Thomas stated that Argyle was not against the Upper Trinity as
a regional approach but that Argyle was not ready to enter into
a contract with them at that time. Possibly in the future they
j would be ready. The proposed contract with the wording of a
future contract with the Upper Trinity might not be the
ultimate goal for Argyle. Other options could be considered i
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after the interim contract such as Argyle's own system.
Mayor Pro Tem. Ayer stated that the District was developed in
very close consultation with State agencies from the beginning
and had the full endorsement of the State agencies. The City
of Argyle was represented on the planning committee from the
beginning and had been one of the strong supporters to bring
the District Into existence. He understood the need for an
interim agreement with the City of Denton but would like to see
the Upper Trinity Regional District move into fulfilling its
proposed purpose as rapidly as possible.
.a
Council Member McAdams stated concern regarding the elimination
of the phase totally from the contract. She did not think
anyone had a problem with an interim contract for Argyle but
felt that a pact of the contract needed to indicate that it was
only interim and suggest some alternative for the future so
that someone looking at the contract would not be mislead. She
suggested that some similar terminology needed to be a part of
the contract.
A
Thomas replied that the phrase restricted Argyle from any other
type of planning abilities. The elimination of the phrase
allowed other options and other negotiating tools. With the
phrase left in, there was no negotiating ability or alternative
plans.
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Bob Nelson, Executive Director for Utilities, stated that the
phrase would indeed limit Argyle to only the option of the
Upper Trinity Regional Water District. Argyle could possibly
make application for a permit and could possibly install their
own wastewater treatment system. The time frame that they were
faced with right now for the school system would not permit
them to do that for the school system. An adjustment could be
made in the phrasing to say the Upper Trinity or their own
system. His perceptions from Council and the Public Utilities
Board was that Denton's goal was that the Upper Trinity
Regional Water District should be the wholesale server for any
of the communities around Denton. Denton would then have one
contract with the Upper Trinity ar4 the Upper Trinity would
deal with a number of other entities.
Council Member Gorton left the meeting.
After further discussion by the Council, consensus was to have
Mr. Nelson work with the Public Utilities Board to take into
consideration the views of Council and the concerns of Argyle
and make adjustments to the contract, if necessary, and bring
back at a later date.
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Council Member Gorton returned to the meeting.
6, Public Hearings
A. The Council held a public hearing regarding J
access to the Eagle Point Subdivision specifically involving 1
i South Locust and Myrtle Streets.
The Mayor opened the public hearing.
reasons: (1)itheCommission's Point
the following Planning
Plan Nancy E MMartin odified supported
Subdivision would provide increased exposure and visability for
all the businesses on South Locust between 135 and Eagle Drive;
(2) the increased exposure for the businesses would provide a
greater potential for increased revenue for these businesses;
(3) increased revenues for these businesses would mean more
spending in town; (9) a further economic slump would exist if
the City Council overturned the Planning and Zoning Commission
and closed any portion of Locust Street and/or changed the
street from two-way to one-way: (5) the residents of Locust
business; homes (6) closing e Locustd Stlive reet where changing conducted the
their selected
1
statue of the street to satisfy one individual might cause
businesses to suffer financially and some might go out of
business totally; (7) other options would not be fair to the
residents and businesses on South Locust; (8) petitions from ~JI
the neighbors had been submitted to the City Council which
reflected the neighborhood opinions; (9) if South Locust were
closed, then Eagle and Collins would be the only means of
getting to Fort Worth Drive with Collins being a narrow i
two-lane street and Eagle Drive extremely difficult to cross;
(10) the accessibility of Eagle Drive and the light situation
had been a problem for years and should not be looked upon as a
new issue,
Melba Miller stated that she owned a business on South Locust
Fort d Worth Drive, traffic light were
and installed agreed at i Collins Plan
backed up both on Collins and Fort Worth Drive. She asked that
Locust be left open.
George Selby, a business owner in the area, requested that
South Locust be left open, His business would be hurt it South
Locust were closed.
Council Member Gorton asked Mr. Selby if he would have a
problem with the Planning and Zoning Commission's Modified Plan
E with regards to the private access on Daugherty.
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Selby replied that at times when there were heavy rains, Myrtle
Street would flood and residents would have to use Daugherty to
get to South Locust.
Mayor Pro Tem Ayer asked if it would be possible that drainage
would be improved in the Myrtle area when the Eagle Point
Subdivision made its improvements.
City Manager Harrell replied yes that a storm water drainage
pipe would be installed on Myrtle that would pick up the water
from the Eagle Point area which should significantly reduce the
amount of water in the area.
Wayne Mitchell, a business owner on Daugherty, asked that
f Locust be left open to 135. He did not agree with putting any
barricades at Eagle and Locust. He suggested a traffic signal
there to coordinate with the other lights.
i
Henry Barlow, a property owner on Daugherty Street, stated that
I he was unaware South Locust might be closed. If South Locust
were closed, the refrigerator trucks which serviced the pizza
plant would not be able to get to the plant. The pizza plant
had been considering expanding at the present site or moving to
McKinney. If the street were closed, it might force the
company to move. He was in favor of the project and the
development of the area but was against the closing of the
l streets.
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h The Mayor closed the public hearing.
Jerry Clark, City Engineer, stated that the Eagle Point
Subdivision which started in early 1989 basically created the
current situation. Several issues had been looked at to make
sure the development did not cause traffic problems or
accelerate any existing ones. The existing conditions were
dangerous with deep ditches, small culverts, drainage problems.
people using the area to avoid the traffic problems on Fort
Worth Drive. Upon approval of the current CIP, Fort Worth
Drive would be rebuilt into at least a four lane divided road
from 135 to Colltne Street with a signal at Fort Worth Drive
and Collins. The development would be installing a signal at
Lindsey and Fort Worth Drive. - Existing problems were also at
Bell/Eagle which had difficult geometry with a sharp turn where
Bell turned into Fort Worth Drive and a narrow railroad bridge
which did not allow a full left turn lane. The Daugherty
Street area was too narrow to support major traffic. Myrtle
Street had been recommended to be closed between Daugherty and
where it joined with s. Locust. Citizens Traffic Safety
Support Commission had recommended that all roads be left open
except for a small section of Myrtle and the section between
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the Selby Nursery be a private access road. The Planning and
Zoning Commission agreed with that recommendation except to
reopen Daugherty Street and access to the Selby Nursery. The
Modified E Plan, provided that CIP funds were used to upgrade
S. Locust and Myrtle Street, was recommended by staff. Clark
presented cost estimates for signalization of several
intersections along with realignment of Dallas/Bell/Eagle.
Council Member Alexander stated that it was a bad policy
decision to close a street to attract new development when
there was already a significant amount of existing development
taking place with existing businesses in place. JJ
Council Member Boyd asked if lights could be added at Locust
that would allow traffic off S. Locust to get northbound
without creating additional stacking problems for other traffic
in the area.
Clark replied that an additional signal would cause additional
stacking problems.
Council Member McAdams did not feel that the approach to the
problem was to close the streets. The area had possibilities
for more extensive commercial possibilities. She suggested
that the entire area be looked at and even if the money was not
available to do the entire project at once, projects be started
as money became available.
I
Council Member Gorton left the meeting.
Council Member Hopkins felt that Myrtle must be closed but
} allow ingress in the area. Daugherty was not a big issue with
her and would agree to the general consensus of the others. At
this point. Council needed to go with the Planning and Zoning
Commission and the Citizens Traffic Safety Support Commissions
recommendation to allow a right turn only at Locust and Eagle.
A left turn could not be allowed there until something else
could be done regarding signalization at Bell and Eagle.
Council Member Boyd felt that the street needed to be kept open
and not signalize Locust at this point.
Mayor Pro Tem Ayer felt that Locust should be kept open at this
time. There might be other alternative developments in the
future.
Consensus of the Council was to place the item on the next
regular meeting for consideration.
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B. The Council held a public hearing and considered
adoption of an ordinance providing for a change from
Multi-family One (14F-1) and General Retail or Single Family
Seven (SF-7) to Light Industrial (LI) on approximately 21.9725
acres of land. (The Planning and Zoning Commission recommended
approval.) Z-89-016
The Mayor opened the public hearing.
Allen Williams, representing the County of Denton, stated that
a 400, radio tower would be built on the site. The purpose of
the tower was to support antenas for a county-wide emergency
public safety system for police, fire and EMS.
No one spoke in opposition.
The Mayor closed the public hearing.
Elizabeth Evans, Planning Administrator, stated that this was a
petition from the County of Denton requesting a zoning change.
She showed slides of the area where the tower would be placed, j
The property north of the site was zoned general retail with an
existing use. The property to the south was zoned light
industrial and Single Family Seven where the Animal Control
Center was located. The Planning and Zoning commission
recommended approval.
j Council Member McAdams expressed concern regarding the light '
industrial classification. She did not have a problem with the
tower but was concerned with what else might develop under
light industrial. She would like to see perhaps a specific use
permit to allow the tower but would not change the tract to
anything that was light industrial, i
Evans replied that the lowest intense zoning the City had that
would allow the height limit for the tower was light
industrial. A specific use permit would not allow enough
height for the tower. There was a vacant piece of property
between the jail and the detention center and a vacant piece of
property between the detention center and the animal control
center.
Council Member Alexander asked if a planned development would
have the proper zoning.
Evans replied yes.
Council held a discussion regarding light industrial zoning
versus other types of zoning for the area.
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Hopkins motioned, Stephens seconded to adopt the ordinance.
Council Member Alexander stated that he was uncomfortable
voting for the motion in its present form. He was looking for
an option, perhaps to refer back Planning and zoning for
further consideration. He asked about the timing situation for
the tower.
Williams replied that they were ready to being the installation
of the tower. Delaying would delay putting the system on the
air which would cause problems with a mandate from the Federal
communications commission which required them to have a certain
amount of construction done by a particular date. He stated
that all the current vacant property would be used for
expansion of the law enforcement center.
Frank Robbins, Executive Director for Planning, stated that
this could be an interim zoning for the tower and a planned
development could be done later for the other property.
Boyd motioned, McAdams seconded to postpone the item until the
next regular meeting. On roll vote, McAdams "aye," Alexander
"aye," Hopkins "aye." Ayer "aye," Boyd "aye," and Mayor
Stephens "aye." Motion carried unanimously.
C. The Council held a public hearing and considered
adoption of an ordinance providing for a change from
Multi-Family One (MF-1) to office (O) for the Owsley Park
Addition. Lots 1 and 2. Block 9. (The Planning and Zoning
Commission recommended approval.) Z-89-013
The Mayor opened the public hearing.
David Hillary stated that the area was oversaturated with
apartment complexes. He was requesting office zoning to build
a chiropractic clinic.
David Martin requested approval of the request. He felt that
it would upgrade the neighborhood.
The Mayor closed the public hearing.
Elizabeth Evans, Planning Administrator, stated that the
property was located at the southeast corner of Bonnie Bras and
f # Charlotte Streets. The surrounding land use was zoned
multi-family.
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The following ordinance was considered:
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Page 13
NO. 89-150
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING
FOR A CHANGE FROM MULTI-FAMILY (MF-1) TO OFFICE (0)
ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR
LOTS 1 AND 2. BLOCK 9, OWSLEY PARK ADDITION, LOCATED
AT THE SOUTHEAST CORNER OF BONNIE BRAE AND CHARLOTTE
STREET. AS MORE PARTICULARLY DESCRIBED HEREIN;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2.000.00 FOR VIOLATIONS THEREOF; AND PROVIDING AN
EFFECTIVE DATE.
McAdams motioned, Hopkins seconded to adopt the ordinance. On
roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Ayer
"aye." Boyd "aye," and Mayor Stephens "aye." Motion carried
unanimously.
D. The Council held a public hearing and considered
adoption of an ordinance amending Article 17, Signs, Appendix
B, Zoning of the Code of Ordinances to provide for amended
setback requirements for signs. (The Planning and Zoning
Commission recommended approval).
The Mayor opened the public hearing.
No one spoke in favor.
No one spoke in opposition.
The Mayor closed the public hearing.
Frank Robbins, Executive Director for Planning, stated that
this would be a narrow amendment to the sign ordinance. The
amendment would allow the existing supporting structure of a
ground sign to be used for a new sign, regardless of its
setback, in most cases; and added an internally illuminated
sign standard of 200 feet.
The following ordinance was considered:
NO. 89-151
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING
' THE SIGN REGULATIONS OF CHAPTER 17 OF APPENDIX
B-ZONING OF THE CODE OF ORDINANCES TO PROVIDE FOR
AMENDED SETBACK REQUIREMENTS FOR GROUND SIGNS;
PROVIDING FOR AN EXCEPTION TO THE SIDE AND REAR YARD
SETBACK REQUIREMENTS FOR SIGNS PLACED ON EXISTING
SUPPORTING STRUCTURES; AMENDING THE SETBACK
REQUIREMENTS FOR CERTAIN SIGNS IN PROXIMITY TO
RESIDENTIAL USES; PROVIDING FOR A PENALTY IN THE
MAAIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF;
AND PROVIDING FOR AN EFFECTIVE DATE.
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Hopkins motioned, Alexander seconded to adopt the ordinance.
On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Ayer "aye." Boyd "aye," and Mayor Stephens "aye." Motion
carried unanimously.
E. The Council held a public hearing and considered
adoption of an ordinance amending Article 4.04 of Division 1 of
Chapter IV of Appendix A, Subdivision and Land Development, of
the Code of Ordin&:- es to provide that no sidewalks shall be
required for developments along certain Airport runways. (The
Planning and Zoning Commission recommended approval).
The Mayor opened the public hearing.
W. D. Hill stated that he was not a developer but rather
associated with a group of individuals with a common interest.
The intent was to pursue national historic recognition for the
airfield. There were three critical points to the development:
(1) the authority to build and maintain private roads on the
airfield. They would conform with the historical appearance of
the 1930'x-194019. They would be well constructed and well
j designed. The private roads would allow them to pursue the
national historic recognition and would provide security for
the airfield. (2) a release from the need to have each lot in
physical contact with a public road. (3) a strong indication
of support from the Council.
v
I George Tuttle stated tha: Hartlee Field already existed as a
private airport and they would like to keep it as such. He
I reviewed the flight plan for the area and the runway
construction. By-laws had been written for the residents.
Rita Holcomb, a member of the Historic Landmark Commission,
stated that the Commission had reviewed the proposal and gave
it strong support.
Mary Keasler stated that the site was perfect for their home.
It was a low key area for their vintage aircraft. There j
would be no commercial operations. By-laws had been written
with strict flying restrictions.
Council Member Boyd expressed 'a concern about fire protection
on a private road.
Hill replied that accident/fire emergency trucks could enter on
the runway with prompt access to the hangers/homes on either
j, side.
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Buddy Cole, County Commissioner of Precinct One, stated
that
would like to see this unincorporated area of the County
improved. In order to get a historic designation, the roads
needed
in as Cityiforr five condition nches of lime stabilization
and five inches of asphalt would kill the project.
Mayor Stephens left the meeting.
No one spoke in opposition.
The Mayor Pro Tem closed the public hearing.
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Frank Robbins, Executive Director for Planning, stated that the
Planning and Zoning Commission recommended approval of a
bracket law that would enable the development to not build
sidewalks In the Hartlee Field area. It was not recommending
the development be exempted from the requirements to build
streets to City specifications. The Commission had a rem
in making a distinction between a 26 unit subdivision whichbhad
a runway and a 26 unit subdivision which did not have a
runway. The standards for those types of developments should
i be the same. It also had a concern about setting a precedent
regarding bracket law legislation.
Council Member McAdams stated that the extent of the cha was
to not require the sidewalks but all other subdivision grules
and regulations would apply.
Robbins replied yes that if the Council wanted to exempt the
street requirements then a new ordinance would have to be
drafted.
Council Member Alexander asked how the request for
would be affected if the Council a
p gravel roads
presented with the recommendation from Planningtand ZoningCe as
Robbins replied that they would need to build to City
specifications and standards. They would not be able to build
gravel streets even if they were private streets.
Council Member Alexander asked'to what extent did the Planning
and Zoning Commission discuss that alternative.
Robbins replied that they did discuss it at some length. The
issue for them was what was the difference between that kind of
subdivision and one that did not have a runway.
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Council Member Hopkins asked if the development did not have
gravel roads would it preclude them from obtaining historical
designation.
Robbins stated that it would not preclude them from receiving
the historical designation. What would be designated would be
those structures or the runway that would be historic. Having
paved roads would not detract from the buildings in the area
being designated on a national historic landmark.
Mayor Stephens returned to the meeting.
Council Member Hopkins asked for a reply from the petitioners
---1 regarding historic designation.
W. D. Hill stated that he was not sure Robbins would like to
invest $200,000 in a home with the hope that it might be
designated. His information from the historic group was that
it would not be all right to have paved roads. He asked why
the ordinance would have to be rewritten and passed at another
meeting instead of changing it at the present meeting. He
stated that if the 15 families involved were asked to put
between $2 million and $3 million in homes, they had to have
the assurance of the City of Denton that nothing would be done
that might compromise the opportunity to establish a national
historic site that was recognized by the Federal, State, County
j and city government.
j Council Member Alexander asked what the construction of the 1
homes in the area would do to the historic designation. r
Hill replied that the State of Texas historical group provided
an architectural group who would work with them to design homes
that met their needs and which would maintain the historic
appearance of the period. The homes and hangers would be
compatible with the time.
Mayor Pro Tem Ayer stated that there was nothing incompatible
with paved streets and sidewalks in the 1930's and 1940's. He
asked Mr. Hill what evidence he had that Mr. Robbins had
incorrect information regarding the paved streets and historic
designation.
Hill replied that he had talked with the State Historical
Commission, the City historical group, and County historical
group. All had assured them that every effort needed to be
taken to maintain the appearance of the time period in which
the field established its reputation.
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Lloyd Harrell, City Manager, stated that the ordinance that the
Council had and that had been advertised for a public hearing
was the recommendation made by the Planning and Zoning
Commission. That recommendation was for a bracket law that
excluded the sidewalk requirements from that particular
development. If the Council agreed with the request of the
petitioners and would like the bracket law expanded to include
streets, that action would have to be advertised and an
ordinance brought back.
Hopkins motioned, Alexander seconded to refer back to the
Planning and Zoning Commission with the recommendation to allow ,
the development without paved streets and to ceadvertise as
such.
Council Member McAdams stated that she would not favor a
proposal to allow gravel streets. She could not see any
difference between this
and any other project. She found it I
difficult to believe that putting down a paved street which
existed in the 30's and 40's would preclude an area from
obtaining the historical designation.
City Manager Harrell stated that the Planning and Zoning
Commission had thoroughly discussed the issue as presented by
the petitioners and it was not necessary to send it back to the
i j Planning and Zoning Commission. The legal staff and the
j planning staff could readvertise and redo the ordinance.
E Mayor Pro Tem Ayer stated that he was opposed to excepting the
streets. He did not feel that requiring paved streets and
sidewalks would jeopardize historical designation. A bracket
law set a precedent and was a bad idea. He would reluctantly
support the ordinance before him now.
Commissioner Cole stated that he agreed there were paved
streets and sidewalks in the 30's and 40's but Hartlee Field
never was a city airport. It always was an urban airport.
There was not enough traffic to maintain streets.
Hopkins and Alexander withdrew their original motion and second.
Hopkins motioned, Alexander seconded to postpone action until
the next regular meeting and to direct staff to redraft the
+ ordinance to allow exception for both sidewalks and paved
I ' streets and to ceadvertise as such. On roil vote, McAdams
"nay," Alexander "aye," Hopkins "aye," Ayer "nay," Boyd "aye,"
and Mayor Stephens "aye." Motion carried with a 4-2 vote.
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54 Page 18
r
7. Consent Agenda
MTI.4ams motioned, Hopkins seconded to approve the Consent
Agenda as presented. Motion carried unanimously.
A. Bids and Purchase Orders:
1. Bid #9976 - Water Works improvements
2. Bid #1013 - Oak. Bryan, Fry Street Utilities
3. Bid #1020 - Elevated Water Storage Tank
Painting/Repair
4. Bid 01029 - Irrigation Supplies for Denta
S. PO 093337 - T. K. G. Equipment Rental Co.
R. Plats and Replats
1. Consider approval of the preliminary plat of
the Putt-Putt Golf S Games Addition, Lot 1,
Block A. (The Planning and Zoning
commission recommended approval.)
2. Consider approval of the preliminary plat of
the Searle Addition, Lot 1, Block 1. (The
Planning and Zoning Commission recommended
approval with a condition as stated in the
Staff Report).
8. 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. 89-152
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT,
SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF
+ FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE.
McAdams motioned, Hopkins seconded to adopt the ordinance. On
coil vote, McAdams "aye," Alexander "aye," Hopkins "aye," Ayer
"aye," Boyd "aye," and mayor Stephens "aye." Motion carried
unanimously.
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City of Denton City Council Minutes
November 7, 1989
Page 19
B. The Council considered adoption of an ordinance
accepting competitive bids and providing for the award of
contracts for public works or improvements.
The following ordinance was considered:
NO. 89-153
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING
FOR THE AWARD OF CONTRACT FOR PUBLIC WORKS OR
IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE.
Council Member Hopkins questioned the awarding of a contract to
Cajun Contractors. Inc. as the last time they bid a contract
they were outside the State of Texas.
John Marshall, Purchasing Agent, stated that Cajun now had an
office in Dallas and did meet state requirements for an
in-state company.
McAdams motioned, Alexander seconded to adopt the ordinance.
{ On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion
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carried unanimously.
l C. The Council considered adoption of an ordinance
providing for the expenditure of funds for emergency purchases
of materials, equipment, supplies or services in accordance
I with the provisions of state law exempting such purchases from
requirements of competitive bids.
The following ordinance was considered:
i NO. 89-154
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS
FOR EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT,
SUPPLIES OR SERVICES IN ACCORDANCE WITH THE PROVISIONS
OF STATE LAW EXEMPTING SUCH PURCHASES FROM
REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING FOR AN
r-~ EFFECTIVE DATE.
{ } McAdams motioned, Alexander seconded to adopt the ordinance.
{ On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Ayer "aye." Boyd "aye," and Mayor Stephens "aye." Motion
f carried unanimously.
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November 7, 1989
Page 20
h
D. 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. (Bid #1000 - Suburban type vehicle)
The following ordinance was considered:
NO. 89-155
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 GATE.
Alexander motioned, Hopkins seconded to adopt the ordinance.
On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Ayer "aye, 1' Boyd "aye," and Mayor Stephens "aye.,, Motion
carried unanimously.
E. The Council considered adoption of an ordinance
of the City of Denton, Texas, prohibiting the parking of
vehicles on the south side of Cordell Street between Crescent
and Fulton Streets. (The Citizens Traffic Safety Support
Commission recommended approval.)
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The following ordinance was considered: II
f NU. 89-156 1
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AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING
THE PARKING OF VEHICLES ON THE SOUTH SIDE OF CORDELL
STREET BETWEEN CRESCENT AND FULTON STREETS; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO
EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE
DATE.
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Ayer motioned, McAdams seconded to adopt the ordinance. On
roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Ayer
' "aye. 11 Boyd "aye," and Mayor Stephens "aye." Motion carried
unanimously.
F. The Council considered adoption of an ordinance
of the City of Denton, Texas, providing for two-hour angle
f parking on a portion Of thA 1400 block of Oakland Street; and
providing for a penalty not to exceed two hundred dollars for
f violations thereof. (The Citizens Traffic Safety Support
If commission recommended approval.)
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November 7, 1989
Page 21
The following ordinance was considered:
NO. 89-157
AN ORDINANCE OF THE CITY OF DEN'iON, TEXAS, PROVIDING
FOR TWO-HOUR ANGLE PARKING ON A PORTION OF THE 1400
BLOCK OF OAKLAND STREET: PROVIDING FOR A PENALTY NOT
TO EXCEED TWO HUNDRED $200.00 DOLLARS FOR VIOLATIONS
THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
Hopkins motioned, McAdams seconded to adopt the ordinance. On
roll aye,'40BoydHc aye s" "and • Alexander
Stephens "aye." Motion carried
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unanimously.
G. The Council considered adoption of an ordinance
of the City of Denton, Texas, prohibiting the parking of
vehicles on both sides of McKinney Street, from its
intersection with Bell Avenue to its intersection with Janie
Street, for a distance of 3,852 feet; providing a severability
clause; and providing a penalty not to exceed two hundred
dollars. (The Citizens Traffic Safety Support Commission
recommended approval.) a
The following ordinance was considered: J
j NO. 89-158
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING
THE PARKING OF VEHICLES ON BOTH SIDES OF PINER STREET
BETWEEN OAK AND HICKORY STREETS; PROVIDING A
SEVERABILITY CLAUSE: PROVIDING A PENALTY NOT TO EXCEED '
TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. J
Alexander motioned, Hopkins seconded to adopt the ordinance. J
On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion ~
carried unanimously.
H. The Council considered adoption of an ordinance
prohibiting the parking of vehicles on both sides of Piner
Street between Oak and Hickory Streets: providing a
t severability clause; and providing a penalty not to exceed two
l hundred dollars. (The Citizens Traffic Safety Support
Commission recommended approval.)
I The following ordinance was considered:
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City of Denton city council Minutes
November 7, 1989
Page 22
NO. 89-159
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING
THE PARKING OF VEHICLES ON BOTH SIDES OF PINER STREET
BETWEEN OAK AND HICKORY STREETS; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED
TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE.
Alexander motioned, Hopkins seconded to adopt the ordinance.
On roll vote, McAdams "aye," Alexander "aye," Hopkins laye,"
Ayer "aye." Boyd "aye," and Mayor Stephens 'laye." Motion
carried unanimously.
1. The Council considered adoption of an ordinance
4 approving a contract with Freese 6 Nichols, Inc., for
professional engineering services in connection with the Lake
Ray Roberts off-site facilities, booster station and
distribution system connections. {The Public Utilities Board
recommended approval}.
Bob Nelson, Executive Director for Utilities, stated that th:4
was an engineering contract for the booster station and the
ground storage tank for the site off of Hartlee Field Road. It
would include the booster pump, the tank and the installation
of pipeline into the main system. This was an amendment to the
original contract with Freese and Nichols.
Mayor Pro Tem Ayer stated that the contract indicated that the
maximum amount indicated would be in effect unless written
authorization of the owners.
Nelson replied that as long as the design aspects stayed within
the preliminary proposed scope, the maximum amount of payment
would remain the same.
The following ordinance was considered:
NO. 89-160
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE
AMENDMENT NO. 1 TO THE AGREEMENT OF FEBRUARY 16. 1988
BETWEEN THE CITY OF DENTON AND FREESE AND NICHOLS,
INC. RELATING TO PROFESSIONAL ENGINEERING SERtiICES FOR
4 LAKE RAY ROBERTS OFFSITE WATER TRANSMISSION
FACILITIES; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
McAdams motioned, Hopkins seconded to adopt. the ordinance. On
roll vote, McAdams "aye," Alexander "aye," Hopkins "aye." Ayer
f "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried
I unanimously.
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City of Denton city council minutes
November 7, 1989
Page 23
J. The Council considered adoption of an ordinance
reconsidering the non-cost shareable contract and escrow
agreement between the City of Denton. Dallas, and the Corps of
Engineers. (The Public Utilities Board recommended approval).
Bob Nelson, Executive Director of Utilities, stated that the
Council had approved this contract in June of 1988. However,
the Corps did not sign the contract before Washington changed
the contract format. The City was now required to approve the
I` contract again.
r The following ordinance was considered:
NO. 89-161
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF DENTON AND THE U.S. ARMY
CORPS OF ENGINEERS FOR ENGINEERING, DESIGN AND
CONSTRUCTION OF NON-COST SHARABLE RECREATION
FACILITIES AT RAY ROBERTS LAKE; AND PROVIDING AN J
EFFECTIVE DATE.
McAdams motioned, Hopkins seconded to adopt the ordinance. On
roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Ayer
"aye." Boyd "aye," and Mayor Stephens "aye." Motion carried
unanimously. 1
I K. The Council considered adoption of an ordinance
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of the City of Denton, Texas, authorizing the payment of funds
' for completing consultant services as
ansen. for in the
l agreement entered into with Mercer Meidingerr Hovided
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Lloyd Harrell, City Manager, stated that this was the second I
year of the pay/classification study. The funds were already
in the current budget.
The following ordinance was considered:
NO. 89-162
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING
THE PAYMENT OF FUNDS FOR COMPLETING CONSULTANT
SERVICES AS PROVIDED FOR IN THE AGREEMENT ENTERED INTO
WITH MERCER MEIDINGER HANSEN, AND PROVIDING AN
EFFECTIVE DATE.
I Ayer motioned, Hopkins seconded to adopt the ordinance. On
roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Ayer
"aye," Boyd "aye," and Mayor Stephens "aye." Motion carried
unanimously.
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November 7, 1969
Page 24
L. The Council considered adoption of an ordinance j
approving a contract between the City of Denton and the Denton
City County Day Nursery. (The Human Services Committee
recommended approval).
The following ordinance was considered:
NO. 89-163 {
^ AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY r
lI OF DENTON AND DENTON CITY-COUNTY DAY NURSERY;
AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT;
APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING FOR AN EFFECTIVE DATE.
Alexander motioned, Hopkins seconded to adopt the ordinance.
On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion
carried unanimously.
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M. The Council considered adoption of an ordinance
~ approving a contract between the City of Denton and Denton
County Friends of the Family. (The Human Services committee
recommended approval). ;
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The following ordinance was considered:
NO. 89-164
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY
OF DENTON AND DENTON COUNTY FRIENDS OF THE FAMILY;
AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT;
APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING FOR AN EFFECTIVE DATE.
McAdams motioned, Alexander seconded to adopt the ordinance.
On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion
carried unanimously.
N. The Council considered adoption of an ordinance
approving an agreement between'the City of Denton and Services
Program for Aging Needs (SPAN); authorizing the Mayor to
execute the agreement; and approving the expenditure of funds
therefor. (The Human Services Committee recommended approval).
The following ordinance was considered:
City of Denton City Council Minutes
November 7, 1989
Page 25
NO. 89-165
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY
OF DENTON AND SERVICES PROGRAM FOR AGING NEEDS (SPAN);
AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT;
APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING FOR AN EFFECTIVE DATE.
McAdams motioned, Alexander seconded to adopt the ordinance.
On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion
carried unanimously.
0. The Council considered adoption of an ordinance
approving an agreement between the City of Denton and Services
Program for Aging Needs; authorizing the Mayor to execute the
agreement; and approving the expenditure of funds therefor.
(The Human Services Committee recommended approval).
The following ordinance was considered:
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NO. 89-166
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY
OF DENTON AND SERVICES PROGRAM FOR AGING NEEDS:
{ AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT;
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APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING FOR AN EFFECTIVE DATE.
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Alexander motioned, McAdams seconded to adopt the ordinance.
On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Ayer "aye," Boyd "aye,* and Mayor Stephens ,aye." Motion
carried unanimously.
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P. The Council considered adoption of an ordinance
of the City of Denton, Texas authorizing the city Manager to
execute Amendment No. 1 to an agreement between the City of
Denton and Coopers b Lybrand, Inc. relating to professional
consulting services,
Tom Klinck, Director of Personnel, stated that this contract
would assist the City with the Council request to project the
cost, revenues, plan participants for an alternative
1 1 prescription drug program and if feasible, to assist with
f contract review, The contract would also assist in monitoring
run-off claims after the ending of the old insurance program.
It would also include conducting a plan renewal analysis to
assess the effectiveness of the Sanus program.
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November 7, 1989
Page 26
The following ordinance was considered:
NO. 89-167
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING
THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO AN
AGREEMENT BETWEEN THE CITY OF DENTON AND COOPERS 6
LYBRAND, INC. RELATING TO PROFESSIONAL CONSULTING
SERVICES; AND PROVIDING AN EFFECTIVE DATE.
McAdams motioned, Ayer seconded to adapt the ordinance. On
roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Ayer
„aye," Boyd "aye," and Mayor Stephens "aye." Motion carried
unanimously.
9. Resolutions
A. Item A. was not considered during the regular
meeting.
10. Miscellaneous matters from the City Manager.
City Manager Harrell did not have any matters for the Council.
11. There was no Executive Session during the Work Session.
12. New Business
The following items of New Business were suggested by Council
Members for future agendas:
A. Council Member Ayer requested a staff report on
how much private possession the City of Denton was engaged in.
13. Executive Session
The Council convened into the Executive Session to discuss
legal matters (considered action in Denton County ve. City and
In Re: Flow), real estate (considered condemnation of a
drainage easement on Brandywine Street), and personnel/board
appointments (considered candidates on the Denton Central
Appraisal District Board; considered appointments to the Animal
Shelter Advisory Committee, Building Code Board, and NCTCOG
Regional Transportation Council; considered appointments to the
Lake Information Exchange committee; continued annual
I performance evaluation of the Municipal Judge, City Attorney
and City Manager.
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City of Denton City Council Minutes
November 7, 1989
Page 27
The Council reconvened into open session and took the following
action:
A. The following resolution was considered:
NO. R89-071
A RESOLUTION CASTING VOTES FOR MEMBERS TO THE BOARD OF
DIRECTORS OF THE DENTON CENTRAL APPRAISAL DISTRICT,
AND DECLARING AN EFFECTIVE DATE.
Hopkins motioned, Ayer seconded to cast 247 votes for Horace
Brock and 216 votes for Jon Beck for the Denton Central
Appraisal District Board. Motion carried unanimously.
B. Hopkins motioned, McAdams seconded to appoint Bob
Nelson, Archie Payne, Buddy Cole and Jerry Simmons to the Lake
Information Exchange Committee. Motion carried unanimously.
C. Alexander motioned, Boyd seconded to grant a 4%
merit Increase plus a deferred compensation payment to the
I.C.M.A in the amount of $3,440 for the City Manager, $2,684
for the City Attorney and $1,842 for the Municipal Judge.
Motion carried with a 5-1 vote with McAdams casting the nay
vote.
With no further business, the meeting was adjourned at 12:50
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RAY STEPHENS, MAYOR
CITY OF DENTON, TEXAS
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JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
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EXHIBIT "A"
CITY of DENTON ! 215 E. McKinney / Denlon, Texas 76201
MEMORANDUM
DATE: October 23, 1989
T0: Mayor and City Council
FROM: Frank H. Robbins, Executive Director
Planning and Development
i SUBJECT: ANALYZING THE DEVELOPMENT PROCESS
PURPOSE
The purpose of the work session is to review with the Council our most
i recent staff work with the Planning and Zoning Commission concerning the
platting process.
BACKGROUND
j In March 1989, the Council's strategic goals committee responsible for
analyzing the development process reported to you that the following
objectives and tasks should be undertakens
1. Continue regulatory streamlining.
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j 24 Consider eliminating Council from the plat review process.
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3. Analyze the impacts of required regulatory procedures.
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Staff has been pursuing these tasks in the context of our re-write of
` the Subdivision and Land Development Regulations.
Additionally, Senate Bill 1015 came into effect in August. It
substantially changes state subdivision law as follows:
1. Allows a city employee to approve, but not disapprove, plate with
T~ four or fewer lots on an existing street, and where extension of
"municipal facilities" are not required.
2. Changes notice for residential replats to owners to the "original
E subdivision" within 200 feet of the replat, regardless of the number
of lots in the subdivision.
Mayor and City Council
October 23, 1989
Page 2
3. Gives replat protest "standing" to those within 200 feet of the
replat.
6. Authorizes the plat approving authority to approve protested plate
(20% of those within 200 feet) by three-fourths vote, which
eliminates the "66 2/3% rule."
Staff held a work session with Planning and Zoning in August to discuss
the platting process re-write, SB1075, and the goals committee's work, J
STREAMLINING AND ISSUES l
Streamlining the regulatory process simply means making it easier to
understand and use, less time consuming, more efficient, and usually
less costly for the public and private sector without decreasing
appropriate and in-depth scrutiny.
Three aspects of Texas platting laws related to steamlining arej
1. Approval of a plat is an administrative act a legislative act.
2. If a plat meets the requirements of the applicable ordinance, it
must be approved.
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3. Final plats must be approved by the municipal authority within 30
days, if the Commission approves the plat{ or 60 days, if the
Council approves plats. y
Given the nature of plat decision making and the
existin g potential for shortening the ~
g process, the goals committee and Planning and Zoning are exploring
the following issues.
} Issues
1. Plat decisions and plat variance decided by Planning and Zoning, +
only.
Currently Council approves preliminary plats, variances to the I
Subdivision and Land Development Regulations, and replete.
2a. Allow submission of the preliminary and final plats at one time for
all plats on a voluntary basis by the subdividers or
2b. Allow the Development Review Committee to approve preliminary plats.
-1 3. Allow staff approval of minor subdivisions in accordance with SB1075.
Planning and Zoning and staff have agreed that not all large or
E intensive four lot plate should go without public review by Planning
and Zoning, Tentative parameters discussed by the staff .could allow
staff approval of four lot plats that are five acres ov lees in
site, unless the four lots were all single family; and that the
subdivision would not generate more than 5,000 vehicle trips per day.
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Mayor and City Council
October 23, 1989
Page 3
Replats that require public hearings are required, regardless of the
number of lots, still have to be reviewed by the municipal authority
that approves plate.
4. Not require platting for a single parcel not being subdivided, which
was subdivided before Denton adopted subdivision. regulations, or
before Dentoa's subdivision regulation became effective in the ETJj
if basic water, sewer, and street improvements are adequate.
5. Platting and exaction standards for existing development.
Redevelopment incentives.
THE RE-WRITE PROCESS
h The Subdivision and Land Development Regulations are being re-written
I 1 section by section. Last year we adopted a new street, oidewalk, and
f parking lot section. A Planning and Zoning Committee is now working on
the drainage section. As the drainage section reaches its final phases,
a new process section will be presented to Planning and Zoning for their
review oad recommendation to Council.
4 ATTACHMENTS
SB1073
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Replat Plow Chart
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CITY OF DENTON CITY COUNCIL MINUTES
November 13, 1989
A joint session of the City of Denton City Council and the
Denton Independent School District Board of Trustees was
convened on Monday, November 13, 1989 at 12:00 noon in the
Golden Eagle Suite of the Union Building. University of North
Texas, Denton, Texas.
PRESENT: Mayor Stephens; Mayor :o Tem Ayer; Council
Members Alexander, Gorton, Hopkins and McAdams.
ABSENT: Council Member Boyd
A discussion regarding various issues relative to the
City of Denton and the Denton Independent School District was
held. The following items were discussed:
A. DISD Possible Rollback Election - The School
District would like to contract with the City to hold a
rollback election if enough signatures were obtained to hold
such an election.
1 B. Attendance Record - The City congratulated the
School District on its good attendance record for the month of
October.
1 C. University Drive rezoning request - The zoning
request was scheduled to go before the Development Review
Committee and the Planning and Zoning Commission. The City
Council would most likely review it sometime in January.
D. Joint City/District Swimming Pool - The pool had
been placed in the City's CIP program.
E. Teasley Lane Property - The District was looking
at options and had held informal discussions regarding the
property.
F. District/County/City Tax Abatement Committee -
The Committee was scheduled for one, possibly two more
meetings. A report would be coming after those meetings with a
recommendation. flood progress had been made.
G. Freeport Amendment - The City and District needed
j to determine what stance they were going to take on the
amendment. If no action was taken by January 1, no tax could
be implemented for the next year. If no action was taken by
April 1, the tax could never be implemented. It was suggested
that the Tax Abatement Committee look at this issue. A
possible consideration was to deny the exemption now and work
out possible other arrangements later. A joint public hearing
on the issue was suggested.
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City of Denton CILY Council Minutes
November 13, 1985
Page 2
With no further business, the meeting was adjourned at 1:15 p.m.
RAY STEPHENS. MAYOR
CITY OF DENTON. TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON. TEXAS
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CITY OF DENTON CITY COUNCIL MINUTES
NOVEMBER 15, 1989
The Council convened into Executive Session at 5:30 p.m. in the
City Manager's Conference Room.
1. The Council discussed legal matters, real estate, and
personnel/board appointments (continued annual performance
evaluation of the Municipal Judge, City Attorney and City
Manager •nd considered appointments to the Animal Shelter
Advisory Jommittee and Building Code Board). No official
action was taken.
With no further business, the meeting was adjourned at 9:47 p.m.
j RAY STEPHENS, MAYOR
CITY OF DENTON, TEXAS
JENNIFER HALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
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CITY OF DENTON CITY COUNCIL MINUTES
NOVEMBER 21, 1989
The Council convened into the Work Session at 5:15 p.m. in the
Civil Defenve Room.
PRESENT: Mayor Stephens; Mayor Pro Tem Ayer; Council
Members Alexander, Boyd, Gorton, Hopkins and
McAdamu.
ABSENT: None
1. Several Council Members participated in a tour of J
proposed Capital Improvcment Projects. 11
5:15 P.M.
1. The Council convened into Executive Session to discuss
legal matters (considered action in Denton County vs. City and 1
In Re: Flow), real estate, and personnel/board appointments
(considered appointments to the Animal Shelter Advisory
Committee and Building Code Board And considered an appointment
to the Civil Service Commission.)
2. Th5, Council held a discussion with the Human Services
Committee concerning recently completed needs assessment,
! transp,rtation issue, and budget process for next year.
Do:othy Damico, Chair-Human Services Committee, presented a
t needs assessment report. (See Exhibit A) She stated that J
! residents who did not have their basic needs met were not
productive members of the community, The Committue felt it was
ltss costly to meet basic human needs than to deal with crisis
proportions. The Committee asked if the citizens in the 1
community wanted basic human needs met with tax dollars. !
Council Member Gorton asked if there was a way to coordinate
services provided to individuals. J
Damico replied that r computer system was being initiated to
track individuals. She stated that the Committee felt a set
budget figure would be more desirable to determine allocations.
Council Member McAdams asked ;about subject referral versus
tracking of individuals. An expansion of the existing
I information and referral system was needed. She felt that
perhaps the Human Services Committee could pursue that idea,
Consensus of the Council was to proceed with Items 1-3 and
f` bring back specific recommendations.
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November 21, 1989
Page 2
3. The Council held a discussion regarding the role of
the City of Denton in providing commercial/industrial solid
waste collection services.
Mayor Stephens stated that Jerry Cott, Government Relations
Committee-Chamber of Commerce, indicated to him that the
Committee would study the issue and would give a recommendation
to the Council.
Lloyd Harrell, City Manager, stated that approximately a year
ago. a citizens committee had been appointed to look at the
question of solid waste disposal and to look at the involvement
of the City in the collection of solid waste. The Committee
recommended to continue with the landfill operation and the '
City provide for more landfill space. Residential collection
1 was adequate and the City should continue with it. The
Committee recommended that the City become the exclusive
operator for solid waste collection. A public hearing was held
October 17 on the issue. The staff was needing genere,l '
directions to proceed for formal presentations to Council. 1
Harrell then presented alternatives for solid waste services.
(See Exhibit B). I
Council Member Gorton suggested combining alternatives two and
three. An interim franchise tee to those who operate within
the City of Denton to lessen a rate increase plus a potential
option M3 to maintain room for everyone to be in the market as
long as they were equal competitors. He had a concern to
retire the debt service on the current landfill and not impact
the residential csstomet. He felt a 5% franchise fee might not
be enough.
City Manager Harrell stated that if the committee
recommendation were selected, the City would need more landfill
space. It the City were to no longer provide solid waste
disposal services, more landfill space would not be needed. ,
Council Member McAdams stated that she would like to start with
a franchise fee to buy some time for the City. A 51 fee might
not be an adequate amount but the fee would provide time to
look at alternatives. People wd.nted a choice.
Council Member Hopkins felt more information was needed
1 regarding the landfill if the City kept the residential service
and not the commercial. More information was needed regarding
1 a new landfill including a time frame and approximate cost.
Council Member Alexander suggested looking at alternative 03
but not rule the City of the the business. He felt the City
i needed to go ahead with the franchisr fee. The City should
regulate the rates if it no longer provided the service.
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November 21, 1989
Page 3
` Mayor Pro Tem Ayer felt that the City should regulate the rates
and should impose a franchise fee of more than 5%.
Mayor Stephens expressed the need for more information,
Consensus of the Council was to have staff provide more
information for alternatives 02 and 03.
4. The Council waa to receive and discuss a
recommendation on the purchase of a new telephone system.
This item was not discussed during the Work Session.
S. The Council was to hold a discussion regarding the
Freeport Amendment.
This item was not discussed during the Work Session.
6. The Council was to hold a discussion regarding the
effect on the City of Denton resulting from Denton County's
proposed adjustments to its 1989-90 budget.
This item was not discussed during the Work Session.
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The Counci). then convened into the Regular Session at 7:00 p.m.
in the Council Chambers.
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PRESENT: Mayor Stephens; Mayor Pro Tem. Ayer; Council q
Members Alexander, Boyd, Gorton, Hopkins and
McAdams.
ABSENT: None
The Mayor presented a proclamation for "National Home Care
Week".
Item M4 from the Work Session was considered. I
4. The Council received and discussed a recommendation on
the purchase of a new telephone system.
Cary Collins, Director of Data Processing, stated that four
vendors had bid on the system - GTE, AT&T, Southwestern Bell,
and Roh:a Corpuration, He reviewed the needs of tho current
1 phone system, Staff was recommending that City staff install
f the fiber optic system. GTE was the low bidder and staff was
recommending finalizing a contract with GTE.
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City of Denton City Council Minutes
November 21, 1989
Page 4
Council Member Alexander asked what were the advantages of
having City personnel install the fiber optics.
Collins replied that more buildings could be connected for the
new CIS system and the radio system. An expanded area could be
achieved for a lower price,
Mayor Pro Tom Aygr asked if the proposed general information
answering system was part of the original proposal,
Collins replied that it was a development outside of the
telephone system. It was felt that it would off-load general
information calls that the various department received.
Mayor Pro Tom Ayer asked for an estimeted cost for that system.
Collins replied $21,000 for the recorded messages, installation
of the system and changes for messages that needed to be
continually updated.
{ Mayor Pre Tom Ayer stated that he had some reservations if the
City could afford that kind of project.
City Manager Harrell stated that this needed much more
information before it was formally brought to Council. The
recommendation before Council did not include the information
system,
Council Member McAdams was not sure the City needed such r
i system. As the present system was leased, GTE took care of the
maintenance. Were there built in costa for maintenance for the
l system.
Collins replied that approximately $96,000 a year would be
reduced from the current phone bill. This would be the cost of
the switches and instruments currently leased from GTE. The
first year maintenance would be included in the dollar amount.
Alexander motioned, Gorton seconded to proceed with formalizinq
the contract. Motion carried unanimously.
The Council returned to the regular agenda order.
1. The Council considered approval of the minutes of the
Regular Session of September 5, 1989, the Work Session of
September 12, 1989, the Regular Session cf October 3, 1989 an
the S~-cial Called Session of October 10, 1989.
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November 21, 1989
Page 5
McAdams motioned. Gorton seconded to approve the minutes as
presented. Motion carried with a 6-0 vote with Hopkins
abstaining due to not being present at several meetings,
2. Public Hearings
A. The Council held a public hearing and considered
adoption of an ordinance amending Appendix A, Subdivision and
Land Development, of 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 recommended exemption of
r~ sidewalk provisions).
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The Mayor opened the public hearing.
W. D. Hill stated that the City could issue waviers to
compliances with ordinances within the city limits for special
conditions. The state legislature recently gave cities the
same authority in the ETJ. They felt that they must have the
opportunity to restore Hartlee Airfield as historically correct
as possible. The proposed bracket ordinance provided them with
that opportunity. He stated that the development would be a
credit to the City of Denton, would meet the requirements of
the location, serve the purpose needed and bring construction
and new business into the area.
Council Member McAdams asked how the area would be serviced by
r,mergency vehicles.
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Hill replied that he had spoken with the Fire Marshall and the
Fire Chief who both had viewed the airfield. They had made
suggestions which Hill stated he would comply with. The main
concern was that the trucks would not get stuck in mud during
bad weather and provide some form of turnaround at the end so
as not to have to back out of the development.
Robert Smith thanked the Council for its continued support of
the project.
Troy Stempston stated that this was a unique opportunity at
Hartlee Field and appreciated the support of the Council.
+ Buddy Cole. County Commissioner for Precinct one presented
j letters of support for the proposed project. (Letters are
included in the agenda back-up materials). He asked for full
support for the project.
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November 21, 1989
Page 6
CoCochran4 mmission cwasr ins favor of Landmark k prCommiseton, oject. The stated Commission
the Mike
felt that there could be a number of economic, cultural and
asked th6 Council to
the project
have historke favorable PCOJect. He
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November 21, 1969
Page 6
Mike Cochran, Chair-Historic Landmark Commission, stated that ,
the Commission was in favor of the project. The Commission
felt that there could be a number of economic, cultural and
historic benefits from the project. He asked the Council to
have a favorable consideration of the project.
Mayor Stephens stated that the Council had some questions
concerning paved streets and paved sidewalks regarding National
Register designation.
Cochran stated that he had spoken with the National Register
office in Fort Worth and Austin and without actually seeing the
project, they could not give a definitive answer. However, it
' was possible that paved streets and sidewalks could jeopordize
the project. A precedent would not be set within the City
because there probably would not be another historical airport
in the City. This was a one of a kind situation.
No one spoke in opposition.
The Mayor closed the public hearing.
Lloyd Harrell, City Manager, stated that the ordinance had been
redrafted per Council direction so that for this particular
development, the streets, sidewalk and on-site drainage
requirements of the current Subdivision Regulations would be
f removed. Off-site drainage improvements might be required.
Council Member Gorton asked how the City could guarantee the
I improvements agreed to by Mr. Hill at the suggestion of the
Fire Chief and Fire Marshall.
City Manager Harrell replied that the ordinance removed the
on-site street requirements from the platting process. That
meant that the City staff officially would not be involved in
the review of that and in assuring that adequate access would
be provided. Not to say that it would not be done, but legally
` the City would not be able to enforce the suggestions.
I Mayor Pro Tem Ayer asked about clear zones for the north and
south end of the runway.
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Rick Svehla, Deputy City Manager, stated that the concerns had
been raised by the Airport Board. Their concern was that there
were no clear zones shown. Because it was a private airport,
the FAA might not have any requirements for that. The Airport
Board was looking long range.
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November 21, 1989
Page 7
F Mayor Pro Tem. Ayer felt that it was the Council's
responsibility to look at the long range also. He pointed out
that there may be a potential fiscal responsibility for the
I City in the future for sidewalks, streets and drainage if the
development were taken into the City limits. That
responsibility should really be the responsibility of the
developer. He felt that the idea of a historic airport was
` great but did worry about the long range future. Ile remained
unconvenced esignation by that repa ewas any d streets threat esidewalka He historic
d
that as many standard regulations needed to be imposed as was
1 possible. He was concerned about the 1onq range effects of the
development.
City Manager Harrell replied that state law did give cities the
authority to impose subdivision regulations in the ETJ for that
exact purpose. It sae an assurance that adequate streets,
sidewalks, drainage, etc. were in place for a development that
later would be annexed into a city. In this situation, the
applicant argued that it was a unique development that probably
would not require the City to come back at some later date and
spend general public money to install the improved streets,
sidewalks and drainage.
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I later Council Member asofd thew deassessments were velopment anted made if at a
N
improvements
t made. '
City Manager Harrell replied that that was done at a later date
state proposed.
law existed Council, ainstitutepoint
an
inentimee improvement
whatever was
assessment district to assess those property owners for the
improvements that were going to be made.
Council Member Boyd stated that a proposed thoroughfare went i
through the middle of the proposed development.
Frank Robbins, Executive Director for Planning, stated that the
` Thoroughfare
arterial to be Plan t in he Development t whPlan ich would showed traverse dthe
f property.
Council Member Alexander asked if there were any way to approve
If the ordinance as presented but acquire in the process some
written assurance that would be enforceable that would require
the access for fire equipment be maintained.
City Attorney Drayovitch replied that the best way to insure
compliance would be to take that portion out of the ordinance
and put in those requirements that had to be met.
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November 21, 1989
Page 8
John Cook, Fire Chief, stated that the City did have some
jurisdiction in the area through contractual agreements with
the County of Denton for emergency medical services and an
automatic aid agreement with the Mayhill-Cooper Creek Fire
proposed tderoad was an velopment. Ile road dead a
ended Department. the The
circle around the property or a wide cul-de-sac. Mr. Hill
agreed with that. He also had a concern about the runway and
how compacted it was to be able to support emergency trucks.
He did not know how all-weather the runway was.
Council Member Alexander stated that he was concerned about the
historic nature of the development. He agreed that it probably
could be a historic Lite and still have paved roads. The
airfield in 1936-1945 probably did not have paved roads. The
arguement that helped him to agree to the idea of not having
required paved roads was an effort to go hack and recreate the
aura of that period.
Council Member McAdams stated that she was comfortable with not
requiring sidew.lks but was not comfortable with not requiring
drainage. With street assessments, the City paid one third of
the cost and with drainage improvements, the City paid all of
the cost. She felt that Council had a responsibility to
require certain kinds of improvements. Many promises had been
made in good faith in the past which were not fulfilled.
4 i Mayor Stephens stated that the Council had been assured at the
last meeting that the road would be an all-weather road. Could
the ordinance be contingent upon the road being an all-weather
road.
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City Attorney Drayovitch stated that that would require some
research as the Council could not condition a zoning ordinance
upon contractual promises other than a planned development.
That was a subdivision regulation and she was not sure that it
could be conditioned upon certain conditional promises from a
developer and was not sure how compliance would be enforced.
Hopkins motioned, McAdams seconded to postpone action on the
ordinance until the first meeting in December with a request
that staff research whether -a bracket law would allow a
contingency for access for emergency vehicles and drainage to
protect the improvements. On roll vote, McAdams „aye,"
Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "a/e," Boyd
"nay," and Mayor Stephane "aye." Motion carried with a 6-1
I vote.
1 The Council recessed for a reception for Youth in Government
participants. I
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City of Denton City Council Minutes
November 21, 1989
Page 9
B. The Council held a public hearing and considered
approval of a resolution adopting a 1989-1994 Capital
Improvement Plan and a 1994-1999 General Government Capital
Improvement Schedule. (The Planning and Zoning Commission and
the Public Utilities Buard recommended approval).
The Mayor operked the public hearing.
No one spoke in favor.
No one spoke in opposition. 111
The Mayor closed the public hearing.
The follnwing resolution was considered:
RESOLUTION NO. R89-072
A RESOLUTION ADOPTING THE CAPITAL IMPROVEMENT PLAN
PROPOSED BY THE PLANNING AND ZON1N3 COMMISSION, AND
PROVIDING FOR AN EFFECTIVE DATE.
McAdam► motioned, Boyd seconded to approve the resolution. On
roll vote, McAdams "aye," Alexander "ay.," Hopkins "aye,"
Gorton "aye," Ayer "aye," Boyd "aye,'' and Mayor Stephens
"aye." Motion carried unanimously.
3. Consent Agenda
McAdams motioned, Hopkins seconded to approve the Consent
` Agenda as presented. Motion carried unanimously.
A. Bide and Purchase Orders:
1. RFP #104A - IBM
2. RFP #1027 - Wang Equipment Maintenance
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4. Ordinances
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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.
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City of Denton City Council Minutes
Novembe: 21, 1989
Page 10
The following ordinance was considered:
NO. 89-168
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.
Gorton motioned, McAdams seconded to adopt the ordinance. On
roll vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens
"aye." Motion carried unanimously. ,
f j B. The Council considered adoption of 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 violation of Section
8-34 thereof; and providing for publication.
John McGrane, Executive Director for Finance, stated that the
ordinance was in preparation for codification. One of the
primary additions of the ordinance would allow building
inspectors and code enforcement officers to issue warrants for
violations.
Hopkins motioned, McAdams seconded to adopt the ordinance.
Mayor Stephens suggested inserting "in consultation with the
Presiding Judge and City Attorney" on page 2. Section 8-13,
subsection B. He also questioned the wording of "presiding
judge" as opposed to the wording in the Charter of "municipal
court judge".
After discussion by the Council, it was determined that a a
change in wording from the wording in the Charter might hamper
the workings of the Court.
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Hopkins withdrew her original motion and McAdams withdrew her
original second.
Hopkins motioned, McAdams seconded to postpone action on the
ordinance with direction for staff to rewrite the ordinance to
be consistent with the City Charter. On roll vote, McAdams
"aye." Alexander "aye," Hopkins "aye," Gorton "aye," Ayer
"aye," Boyd "aye," and Mayor Stephens "aye." Motion carried
unanimously.
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City of Denton City Council Minutes
November 21, 1989
Page 11
C, The Council considered adoption of an ordinance
of the City of Denton, Texas amending Chapter eadd 0 (Fire
Prevention) of the Code of ordinances by
Section 10-5 thereto: establishing that any party responsible
for a hazardous material spill affecting property within the
shall city providing liable a severability clean-up clause. incurred by the
city: and The following ordinance was considered:
NO. 89-169
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING
CHAPTER 10 (FIRE PREVENTION) OF THE CODE OF ORDINANCES
BY THE ADDITION OF SECTION 10-5 THERETO: ESTABLISHING
4 THAT ANY PARTY RESPONSIBLE FOR A HAZARDOUS MATERIAL
f SPILL AFFECTING PROPERTY WITHIN THE CITY SHALL BE
LIABLE FOR ALL CLEAN-UP COSTS INCURRED BY THE CITY:
PROVIDING A SEVERABILITY CLAUSE: AND PROVIDING AN
EFFECTIVE DATE.
Ayer motioned, Gorton seconded to adopt the ordinance. On roll
vote, McAdams "aye," Alexander "aye," Hopkins Faye," Gorton "aye," Ayer "aye, Boyd aye,„ and Mayor Stephens "aye,"
{ f Motion carried unanimously.
D. The Council considered adoption of an ordinance
of the y of Denton retaining h ronpend
& Wolfe to represent the City of Denton in litigation iag
against the City.
s The following ordinance was considered:
1 NO. 89-170
AN ORDINANCE OF THE CITY OF DENTON RETAINING THE
. LAWFIRM OF HENDERSON BRYNAT & WOLFE TO REPRESENT THE
CITY OF DENTON IN LITIGATION PENDING AGAINST THE CITY:
AND PROVIDING AN EFFECTIVE DATE.
McAdams motioned, Alexander seconded to strike out "in Re 10
Recional Medical Cents[, Inc„ a Texas non-profit corporation,
a.k.a. Flow Memorial Hospital". On roll vote, McAdams "aye,"
f _ Aloxander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd
"aye," and Mayor Stephens "aye." Motion carried unanimously.
E. The Council was to consider adoption of an
ordinance of the City of Denton, Texas, approving a settlement
BVeclaims, for endin ry Jack Bowling, Jrli et. al~n between the
release and Denton and all
City of
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November 21. 1989
Page 12
The item was pulled by staff.
Resolutions
A. The Council considered approval of a resolution
authorizing the city Manager to execute certain airport leases
repthe ealing Denton R89A069.
for pad under certain scirfor cumstances: s and at
City Manager Harrell stated that the F.A.A. had requested some
minor wording changes in the contract and the resolution
reflected those changes. 01
The following resolution was considered:
RESOLUTION NO. R89-073
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
CERTAIN AIRPORT LEASES FOR PAD SITES FOR T-HANGARS AT
UNDER CERTAIN
THE DENTON MUNICIPAL AIRPORT CIRCUMSTANCES: REPEALING RESOLUTION R89-069 AND
PROVIDING AN EFFECTIVE DATE.
McAdams motioned, Alexander seconded to approve the
roll vote, McAdams "aye," Alexander plays,"
resolution. On
Hopkins "aye." G Motion Ayer "aye," "aye," and Mayor
Stephens "aye."
8, The Council considered approval of a resolution
I nominating Jim Alexander to the North Texas Council of
Government's Regional Transportation Council.
The following resolution was considered:
RESOLUTION NO. R69-074
A RESOLUTION APPOINTING AN OFFICIAL VOTING
REPRESENTATIVE TO THE REGIONAL TRANSPORTATION COUNCIL
OF THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
McAdams motioned, Gorton seconded to approve the resolution.
On roll vote, McAdams playa," Alexander "aye," Hopkins "aye,"
Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens
"aye." Motion carried unanimously.
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City of Denton city council minutes
November 21, 1989
Page 13 onsidered 6 The Council ec Eagle point s[Subdivision, pecifically
access related to
involving South Locust and Myrtle Streets.
Lloyd Harrell. City manager, stated staff was requesting
direction on how to handle the final development two tops it
would be processed through the City.
available. The first would close South Locust and Myrtle
SouthtwLocusticat a Eagle eto
open Streets with and a would thos
eliminate or delay signalization until the entire area was
reconfigured. Construction would match completion of Eagle
Point-Phase I. Option two would require a long range
commitment to watch the area and might require additional CI
j funding in the future to take care of traffic problems that
of Myrtle
choice. portion
stwould be closed for safety
might be generated. With either
and South LOCU between Daugherty +
reasons.
McAdams motioned, Alexander seconded to proceed with option $2 i
both a. and b. and to close the portion of Myrtle between
motion carried unanimously.
Daugherty and South Locust.
Miscellaneous matters from the City Manager.
7.
Manager, suggested returning to the two
Lloyd Harrell, City
~ j work session items not discussed during the Work Session.
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g The Council held a discussion regarding the
Amendment.
John 4carane, Executive Director for Finance, reviewed the
provisions of the Freeport Amendment. It had bee`o~estim t d368 ely the Denton Central Appraisal District no action ~
million would come off the City
were taken by the Council. Under the current tax [ate of
$.6193, thaHe we~atedethatloetafff retax quired edirection ponxhowtthe
$420,000.
Council wished to proceed with the exempt on.
1 Consensus of the Council was to proceed with an ordinance to
collect the tax in 1990 and hold a public hearing Prior to
making a final decision on the exemption.
6, The Council held a discfCOm° Denton dcountyee a proposed
the City of Denton resulting
adjustments to its 1989-90 budget.
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November 21, 1989
Page 14
Mark McDaniel, Budget Analyst, stated that the county had
decided to make an across the board cut of 5% for all
expenditures. This was a preliminary plan and the County held
the right to adjust the 5% reduction in the event particular
operations found it impossible to reduce expenditures. These
cuts would affect the County contributions to the City for
library and ambulance services.
The Council returned to the regular agenda order.
8. There was no official action taken during the Work
Session Executive session.
9, New Business
The tollowing items of New Business were suggested by Council
Members for future agendas:
A. Council Member McAdams requested a review of the
health insurance program for city employees.
B. Council Member McAdams wished a farewell from the
Council to Roger Nelson, Administrative Assistant in the City
Manager's Office.
i C. Mayor Stephens presented a TMPA update by the
j financial officer of TMPA.
ii D. Mayor Stephens stated that he and John McOrane
f had visited with representatives from Moody's. The
smade by the
Cit.
favorable for the progress
4 City and representatives
felt e that visit impressed
10. The Council did not meet in Executive Session during
k thA Regular Session.
With no further business, the Council adjourned at 10:10 p.m,
RAY STEPHENS, MAYOR
CITY OF DENTON, TEXAS
i
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
3205C
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EXHIBIT "A"
REPORT TO CITY COUNCIL ON NEEDS ASSESSMENT SURVEY
from
HUMAN SERVICES COMMITTEE
INTRODUCTION
To keep City Council aware of the level of basic human need
in the community, the Human Services Committee conducted a Needs
Assessment Survey during the Spring of 1989. The committee, with
the assistance of Richard Enos, a member of the Human Services
Committee and a member of the social work faculty of the
University of North Texas, devised a survey questionnaire based
on the key informant method of data gathering. The committee
identified 273 key informants in Denton, comprising leaders in
civic, service, religious, social work, busLness, medical,
educational, and charitable areas of the community. The list
included spokespersons for the minority communities and
representatives of a broad economic spectrum. It also included
key individuals who happen neither to requirw nor provide
services but who have occasion to refer others to needed human
services.
Several members of Leadership Denton's 1988-S9 class
conducted personal interviews of a randomly chosen sample group
of the key informants to test the suitability of the survey
instrument. Following the test interviews, the committee mailed
the survey to the remaining key informants. Of the 273
q
percent which was uestionnaires sent out, 122 were returned, a return of 43
statistically eliable, than
Ethelyn Davis, render a results of
the Human Services Committee, compiled the raw data for the
committee, (See Addendum A.) Many of the questionnaires
contained handwritten verbal r9plies that provided additional
valuable information which is not included with the raw data
1 presented in the attached results.
j The Human Services Committee extends its thanks and
appreciation to Dr. Davis, Dr. Enos, and to the Leadership Don ton
members who assisted in the survey--Sherrie Etheredge, Nelda
Evarts, Amanda Hulcher, Thomas Judd, Sandra Kristoferson, Richard
Norton, Jean Ellen Rogers, Bill Watson, Mike Widmer, and Virginia
Williams--, and to the key informants who provided us with
valuable and otherwise in-tceesslble information.
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KEY INFORMANTS
The informants who responded, all anonymously, to the survey
identified themselves as 47 who were associated with specific
human services-related agencies, offices or T
were associated with the educational systems as programs; 30 who
administrators, or counselorss and 43 who had other connections
with the issues of human services. One hundred listed themselves
as white, 12 as Hispanic, 9 as black, and 1 chose not to
indicate.
SUMMARY OF MAJOR PERCEIVED NEEDS
Overwhelminglys the respondents indicated that the foremost
area of need in Denton is health care. Out of a list of twenty-
four problems, "Inadequate health/medical care" was selected as
one of the three most serious problems in Denton by more than one
half (64) of the respondents. When asked to indicate in their
own words the areas of greatest need, again more than half listed
sole form of health care or medical related issue.
mention, health
significant
affordable care, hobut using, still substance receiving
lack
of public transportation, insufficient child day care, child
abuse, family violence, lack of facilities for homeless or
transient persons, and unemployment.
Respondents mentioned lack of public transportation both as I
a human services need in its own right and as one of the problems
connected with the effective delivery of existing services.
Other areas related to the delivery of services that respondents
mentioned frequently were an inadequate, or at least
insufficiently advertiseds information and referral structure, lac
the
communi and theklackaof a meechanismstonetwork
trackamong ofservices
clientsp who ivppea
to more than one agency within the system. appeal
ADDITIONAL AREAS OF CEMENT
Respondents commented on three other points often enough to
give a Clear indication of general agreements
1) Respondents stressed the importance of making efforts to
meet the special needs of persons whose first language is Spanish
by using Spanish whenever possible in written or spoken
communication with them and by initiating outreach programs to
them.
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2) Respondents consistently gave overall approval to the
quality of the existing human services and gave high praise to
the people who work to provide them, mentioning overwark, stress,
and insufficient pay as problems facing persons who work in
social services fields.
3) Respondents gave unsolicited praise to the City of Denton,
commenting that Dentr.• is a good place to live and that Denton is
to be commended for #It level of concern for human services that
it already has.
RECOMMENDATIONS
Because the Human Services Committee is charged not only
with keeping the City council aware of Human Services needs but
C also with making recommendations to the Council to address those
! neede, the Committee at its June 8, 1989 meeting discussed the
results of the Needs Assessment Survey and makes the following
recommendations to City Councils
1. HEALTH CAFE
The Human Services Committee recommends that city council
take the following actions which will help the citizens assume
their responsibilities in the area of health carer
a) that council state its willingness to
f support to nonprofit agencies engaged in provide financial
care, especially in the form of iving matching yfundslh
b) that council make a commitment to designate funds and
staff time, as soon as possible, to assess, analyze, and
propose a plan for the citizens of Denton to assume
responsibility for a primary health care program In the
cityl and
c) that council designate persons to seek outside funding
for primary health care.
(See Addendum B.) ;
2. HOUSING
The Human Services Committee recommends that the city
continue to support and, where possible, expand its efforts in
all areas providing housing for low income residents. These
include existing city programs for ha_9ing rehabilitation,
e
areaso xisting city support to nonprofit agencies helping in housing
construction, continued
o44orts at investiq.tion oInto i thel feasibility home shelter
f arrangements for the homeless.
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3. DELIVERY OF SEwrCES
The Human Services Committee recommends that City Council
appoint several citizens who, with staff support, will leaders of groups involved in information and referral,
networking, and client tracking, to help them to work more
closely with one another and to determine whether or not there is
a way within the city structure to assist them.
(See addendum C.)
4. TRANSPORTATION
The Human Services Committee recommends that the city
planning department, working with the Director of SPAN, continue
f efforts to form the nucleus of a public transportation network
for Denton and that as soon as passible transportation be made a
separate area in the city budget.
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RATIONALE
The City Council of the City of Denton in 1976 did not vote
i to wake tax dollars available to human service agencies primarily
out of a humanitarian impulse to relieve human suffering, as
noble as that sentiment may be, but rather, out of a conviction
that citizens whose basic human needs are not met cannot be
expected to became productive, contributing members of the
coerunity. More than likely, individuals whose basic needs are
not fret will become costly burdens for taxpayers. As a result
supporting basic human
services agencies rote
life of all citizens when it improves the protects the quality of
feN whose lives are touched by special Quality of life of the
Y problems.
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EXHIBIT
ALTERNATIVES FOR PROVISION OF
COMMERCIAL/INDUSTP,IAL SOLID WASTE SERVICES
I- City becomes the exclusive conmerclil/Industrial solid waste
service provider, MAC recommendation)
ADV`^
0 No rate Increase for exist- DISADVANTAGES
o Terminate private contracts,
ing customers, o Rate increase for s
0 Break even financially ome nev
FY 84-90. customers.
0 Criticism for future rate
c Retire landfill debt at
Increases.
closure,
o Concern over loss of
0 Revenues exceed expenditures
after FY 89-90. competition, I
Minimize rate Increase
needed to comply with VJ
EPA regulations and to ,
fund new landfill, I
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2. Continue to have "open's ccm,erclal/industrial solid waste Col- 1
} lection.
A. Enter into franchise agreements with private haulers in which
the City reserves the right to direct the waste stream and
charges the haulers a, franchise fee based upon gross receipts.
A 5% franchise fee would generate approxlmateiy $35,000 per
year or $260250 for the remainder of FY 84-90, which would be
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directed to the solid waste fund and Increase City rates as
follows effective January 11 1990:
Residential $115 per month (1.68)
Durpster $.06 per yard (3.98)
Roll-off $.40 per yard (1.68)
8. diif arectfranchgenera
ed ise feefund
l Is not charged to private haulers or
to
, rates would need to be Increased as
follows:
Residential
$.20 per month (2.29)
Du Astor
~ S.08 per yard (5.3$)
Rol?-off $.53 per yard (108)
ADVANTAGES
o Allows c DISADVq~S
Petltlon. o Erosion of Cit
o Break even for PY 8 y customer base
9-90, still a concern.
I o Potentlal decreasing customer
base will result in Increased
residential and landfill
rates.
{ o Rate Increase needed to
comply with EPA regulations
could be more substantial.
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o Rate Increase needed to fund
debt service on new landfill
could be more substantial.
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Direct the staff to prepare two bid specifications, one exclusive
and another for non-exclusive services, for the sale of the City
commercial/Industrial solid waste system. If this option is
chosen, an Interim City rate Increase Is needed:
Residential $.20 per month (2.2$)
Dumster S.08 per yard (5.3%)
Roll-off $.53 per yard CI08)
ADVANTAGES DISADVANTAGES
o Able to obtain more ln- o Require rate Increase In the
formation, such as; Interim.
- Rates. o Require about 5 months to
- Feaslbillty of more prepare specifications and
than one service receive bids,
provider. o Inter lm rate increase may
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Should the City became the exclusive service provider.. cost and revenue
is estimated as follows for each of the first three (3) years of provld-
Ing all services.
Cost Revenue
Shortfall $1110245
Equipment and Personnel 259,335 $682,636
Disposal 212,500
$583,080
1 Balance of Revenues S 99,556
After the first three (3) years, the new containers would be paid off.
Cost and revenues are estimated as follows:
4 Cost Revenue
Shortfall $1110245
Equlpment and Personnel 159,335 $6820636
Disposal 212,500
f $483,080
Balance of Revenues $1990556
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if the City Commercial solld waste collection system Is sold and an
exclusive franchise is granted, It is estimated that funds from the sale
would be sufficient to retire the landfill debt upon closure of the
facility. However, only approximately $232,000 per year would be
available for debt service for a new facility. Debt service for a new
facility Is expected to cost approximately $500,000 per year. The f
additional funds needed to fund the debt service would require a rate I
Increase at the disposal facility of approximately $.82 per cubic yard J
which would be passed along to the customers of the hauler. This would
/ also require a rate Increase of approximately $.41 per month to all
residential customers. The rate Increase needed may exceed this amount
If cash and contract customers who are not required to use the City
landfill go elsewhere.
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! DATE: 12/19/89
CITY COUNCIL REPORT FORMAT
TO. Mayor and Memberi of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: Z-89-017. CONSIDER ADOPTION OF AN ORDINANCE PROVIDING FOR A CHANGE
IN ZONING FOR A PORTION OF PLANNED DEVELOPMENT (PD-124) TO SINGLE
FAMILY SEVEN (SF-7) FOR 7.1156 ACRES OF LAND LOCATED ON THE NORTH
SIDE OF SILVER DOME ROAD! SOUTH OF GRANT PARKWAY, AND EAST OF
I! GREENFIELD PARKWAY.
RECOMMENDATION:
f i
j The Planning and Zoning Commission recommended approval at their
II meeting of November 8, 1989 by a vote of 5 to 0.
SUMMARY:
This is the petition of Denton Baptist Association requesting a
coning change for a portion of Planned Development 124 (Pi?-124) from
Single Family Seven (SF-1) to Single Family Seven (SF-7). Church
uses are not permitted by right in planned developments as they are
in straight zoning, so the Petitioner has requested removal of the
i planned development requirements.
BACKGROUND:
` See History portion of attached report.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
Four property owners were notified and at the time of this report
none have been returned.
FISCAL IMPACT:
N/A
Reap ully 8ubm t d:
Pre ed by: Llo V. Harrel
City Manager
Elic Evans
Plan ng Administrator
Approved: .
Frank . R na, AI
Executive Director
Planning and Development
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PLANNING AND ZONING COMMISSION REPORT
To: City Council
Case No.: 2-89-017 Meeting Date: go December 19, 1989
GENERAL INFORMATION
Applicant: William C. Tinsley, representing 1
Denton Baptist Association 1
3311 III 35 N Denton, Texas.
Status of Applicant: Owner 1
Requested Action: Approval of a zoning change for a
portion of planned development 124
(PD 124) from planned development for
single family-seven (SF-7) to single
family-seven (SF-7). The proposed
use of the site is church. +
Location and Size: Approximately 7.1156 acres located on
the north side of Silver Dome Ruad,
south of Grant Parkway, and east of
Greenfield Parkway.
Surrounding Land Use
and Zoning: North - vacant, agricultural and
j planned development for
single family
South - vacant, agricultural
East - vacant, planned development
for single family
West - vacant, planned development
for single family and general
retail
Denton Development Plan: Low Intensity Area
i
SPECIAL INFORMATION
Transportation: The site fronts on the north side of
f Silver Dome Road and perimeter paving
will be required across the
frontage, All driveways will access l
onto Greenfield Parkway. Sidewalks
will be required for Greenfield j
Parkway and Silver Dome Road.
Right-of-way will be required for
Silver Dome Road, These issues will
- be addressed during platting.
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(Case Z-89-017)
Page Two
SPECIAL INFORMATION (continued) J
Utilities: - There is a ll"
water
along Greenfield Parkway efrom cSilver
SanitarrydsewerGrant
mainParkway. follows
approximately the same path as the
water line.
Drainage: Drainage is to be directed to the
south or west. Some drainage
improvements may be required in
con 'unction with the perimeter paving
on liver Dome Road. The detailed
drainage requirements will be I
resolved during the platting process. 1
1115TORY 1
On October 7, 1986, the City Council approved a change in zoning
from agricultural (A) to the planned development (PD) district
on a S0.4 acre tract located at the northeast corner of Loop 28a
and Kings Row. A detailed plan for 13,6 acres of the 50.4 acres
j was approved by Council on October 20, 1987. The site of this
request Is west of the approved detail plan. In 1988, the
} 7.1156 acre tract was sold to the Denton Baptist Association.
The approved concept plan for this area identifies it as single
family-seven; which, in straight zonin; would
permit
construction of a church. However, in planned development
districts churches are not allowed unless specifically
permitted. The petitioner does not have a detailed plan
prepared for the site, so they are seeking to remove the planned
' development restriction from the property by requesting the
zoning change.
ANALYSIS
This property is in low intensity area.
I for planned development for single family-sevenr(SFt7)oandgthe
request is to remove the planned develo ment re u
will not Increase the in p q irements which
tensity allocation.
The conditions attached to the planned development 124 (PD-124)
that relate to single family uses are as follows: electric
service for this development shall be underground with the
exception of major transmission lines; sidewalks will be located
on one side of all streets in the development; upon completion
of the development phase, restrictions will be filed of record
to prohibit removal of trees from developed lots without the
low
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(Case Z-89-017)
Page Three
ANALYSIS (continued)
permission of the Architectural Control Hoard; and each
residential lot must have a minimum of two (2) trees in the back
yard of the home. These restrictions can now be addressed through
existing regulations such as the Landscape and Tree Preservation
Ordinance and the revised Subdivision and Land Development
Regulations. Staff believes that the request to remove the
planned development restrictions is appropriate.
I RL1;1MMENDATION
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Planning and Zoning Commission recommends approval.
ALTERNATIVES
1. Approve petition
2. Postpone action on the petition
3. Deny petition
ATTACHMENTS
}
1. Location Map
I 2. Intensity Area 31
3. Original Ordinance
I 4. Planning and Zoning Commission Minutes
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*CAIj NONE. DATI fo i 2 7 t 69
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AREA OF REQUEST
Z 89 017
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SCAII NC1►JF DATE 11 61 M
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INTENSITY AREA 0 31 _ EI:E 924,77 ACR98
out
BOUNDARY DESCRIPTION
East; Farris Road and the corner of Hart lee Field Road and Parris
Road as eetaDliehed through the guidelines of Intensity Area 137 I
Westi Loup 288, the PD 90 boundary lines, and US Hwy 128 1
Northl Hartlee Field Road 1
South! Silver Dome Road
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1 HARTLtI ►ItLD ROAD
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ILVCA DOHA ROAD
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ter! CITY 44 WAIT ON, r9XAA
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LAND USE MANAGEMENT INFORMATION SYSTEM
PLANNING AND DEVELOPMENT DEPARTMENT
CITY OF DENTON
_
Intensity area N: 31 Type: Low Intensity trips/Ac 60
Traffic survey zones: 6635
Boundary Description: North: Hartlee Field Rd.
South: Silver Dome Rd.
Date: 05/04/89 East: Farris Rd.B sw.corner of Intensity Area 037
West: Loop 288, PO 90 boundary lines, and Hwy 428
LAND USE EXISTING LAND USE CURRENT ZONING PLANNED DEVELOPMENTS
CATEGORY UNITS ACRES INTENSITY ACRES INTENSITY ACRES UNITS INTENSITY
-0-----------
i -16 < 126 117.55 1260 0 0 0 0 0
SF-10>16 0 0 0 0 0 0 0
i SF-7>10 3 1.23 30 0 0 12.06 40 400
j LESS SF-7 0 0 0 0 0 0 0 0
MOB.HOMES 124 44.73 1240 0 0 0 0 0
DUPLEX 0 0 0 O 0 0 0 0 0 0
MF-R 0 0 0 0 0
MF-182 0 0 0 0 0 0 0 0
COM/RET 0 0 0 0 0 0 0 0
OFFICE 0 0 0 0 0 0 0 0
INDUSTRY 0 0 0 0 0 0 0 0
INSTI'NAL 0 10 850 0 0 0 0 0
PARKS 0 0 0 0 0 0 0 0
R/0/SPACE 0 0 0 0 0 0 0 0
TRANSPORT 0 35.86 0 0 0 0 0 0
AGRIC. 0 0 0 87.64 0 0 0 0
VACANT 0 715.4 0 815.7 0 0 0 0
TAL --------253- 924.T7 3380 703.34 0 12.06 40 400
INTENSITY CALCULATIONS
ft
(1) Intensity area total trips 924.77 times 60 55486
(2) Trips allocated to existing land uses (built) 3380
(3) Trips allocated to current zoning incl. P Ds (not built) 400
(4) Trips allocated to vacant lands not zoned plus Agric. zoning 42200
(5) Estimated unallocated intensity trips (1)m#nus(2)+(3)+(4 9508
-----(8)-Percentage of intensity trips allocated 83
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1588E
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NO. _
AN ORDINANCE AMENDING THE ZONING
MAP OF THE CITY OF DENTON,
TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF
ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1,
AS AMENDED, AND AS SAID MAP APPLIES TO SO.S ACRES OF LAND
LOCATED AT THE NORTHEAST CORNER OF KINGS ROW AND LOOP 288, AS IS
MORE PARTICULARLY DESCRIBED HEREIN; TO PROVIDE FOR A CHANGE IN
ZONING CLASSIFICATION FROM AGRICULTURAL "A" DISTRICT CLASSIFI-
CATION AND USE DESIGNATION, TO PLANNED DEVELOPMENT "PD" DISTRICT
CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR APPROVAL OF A
` CONCEPT PLAN FOR SAID DISTRICT; AND PROVIDING FOR AN EFFECTIVE
DATE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
SECTION I.
That the zoning classification and use designation of 50.5
acres of real property, described in Exhibit "A", attached
hereto and incorporated herein by reference, is hereby changed
j from Agricultural "A" District Classification and use designa-
tion to Planned Development "PD" District Classification and Use
designation under the comprehensive zoning ordinance of the City
of Denton, Texas.
F
SECTION 11.
That the "concept plan", attached hereto as Exhibit "B", and
incorporated herein by reference, is hereby approved as the
concept plan for the district herein established, in accordance
with the provisions of article 11 of Appendix B-Zoning of the
Code of Ordinances of the City of Denton, Texas.
SECTION 111.
That the district herein approved shall be subject to the
following conditions, restrictions, and limitations:
1. Land uses permitted in the general retail area, Section 4
shall be all uses permitted in the general retail district in
j Section 7, Subsection H, retail and service type uses and the
following additional uses permitted in the general retail
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district: amusement - commercial (indoor), theater - other than
drive-in type, and new auto parts sales store.
2. Electric service for this development shall be under-
ground with the exception of major transmission lines.
3. A six (61) foot brick wall shall be placed along the
northern boundary of the general retail tract before building
I permits may be issued on that parcel.
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I~ 4. A minimum of twenty (201) percent of the general retail
tract must be landscapes' on the detail plan for that parcel.
'F
E S. Sidewalks will be located on one side of all streets in
the development. I
6. Upon completion of the development phase, restrictions
will be filed of record to prohibit removal of trees from
developed lots without the permission of the Architectural
Control Board.
7. Each residential lot must have a minimum of two (2) trees
in the front yard and two (2) trees in the back yard of the home.
' I
{ SECTION IV.
} The Zoning Map of the City of Denton, Texas, adopted the
14th day of January, 1969, as an Appendix to the Code of
Ordinances of the City of Denton, Texas under Ordinance No.
69-1, as amended, is hereby amended to show such change in
` District Classification and Use subject to the above conditions
and specifications.
SECTION V.
That the City Council of the City of Benton, Texas, hereby
finds that such change is in accordance with a comprehensive 1
plan for the purpose of promoting the general welfare of the
City of Denton, Texas, and with reasonable consideration, among
other things for the character of the 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 citizens.
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SECTION VI.
That this ordinance shall become effective immediately upon
its passage and approval.
PASSED AND APPROVED this the .-Z- day of 1986.
eon
S, IKAYOR
CITY DENTON, TEXAS
I~
ATTEST:
i
OTTE ALLEN* CITY SECRETARY
!
CITY OF DENTON, TEXAS
~ J
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
{
BY: 1
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Exhibit "A"
Field Notes to 50.0 res (more or less) for Greenfic_d Woods zoning:
Field notes to all that certain tract of land situated in the James Coltart
Survey Abstract Number 286, Denton County, Texas and being a part of the called
60.9975 acre tract described in the deed from Dora Lee Reese to Teasley Road
Association recorded in Volume 1541 Page 167 of the Deed Records of Denton
County, Texas; the subject tract being more particularly described as follows:
BEGINNING FOR THE Northwest corner of the tract being described herein at an
iron rod at the most Northerly Northwest corner of the said 60.9975 acre tract,
said point also being the Southwest corner of Block A, Oak Bend Estates Addi-
tion)
THENCE North 89 degrees 17 minutes East with the South line of said Oak Bend
Estates 766.00 feet to a point for corner;
F THENCE South 00 degrees 00 minutes 34 seconds East 208.60 feet to a point for
--1 corner;
THENCE North 89 degrees 33 minutes 05 seconds East 417.00 feet to a point for
corner in Farris Road;
THENCE South with the East line of the said tract in Farris Road 150.00 feet
to a point for corner at the Northeast corner of a called 9.963 acre tract
known as the Denton Independent School District tract;
THENCE South:789'.degreeslg0:'d<inutes-.241 seconds Westrwith~thejtfecthvline of-the
said D.I.S.D. tract 460.00 feet to a point at the beginnin8 of a curve to the
left having a radius of 300.00 feet and a delta angle of 90 degrees 00 minutes
00 seconds;
THENCE in a Southwesterly direction along the arc of the said curve an arc dis-
tance of 471.23 feet (chord bearing of South 44 degrees 30 minutes 24 seconds
West a distance of 424.26 feet) to a point at the end of the said curve;
I THENCE South 00 degrees 29 minutes 36 seconds West. 140.00 feet to a point at
the beginning cf a curve to the right having a radius of 270.00 feet and a delta
angle of 32 degrees 26 minutes 55 seconds;
THENCE in a Southerly direction along the are of the said curve an arc dis-
tance of 152.91 feet (chord bearing of South 15 degrees 43 minutes 50 seconds
West a distance of 150.87 feet) to a point for corner at the Southwest corner
of the D.I.S.D. tract;
1
THENCE South 88 degrees 57 minutes 40 seconds East 517.00 feet to a point for
corner;
THENCE South 00 degrees 04 minutes 22 seconds East 258.00 feet to a point for
P corner;
THENCE South 88 degrees 55 minutes 21 seconds east 280.00 feet to a point for
corner in Farris Road;
THENCE South 00 degrees 00 minutes 00 seconds East along Farris Road 593.00
feet to a point for corner;
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THENCE South 89 degrees 07 minutes 05 seconds West 10976.00 feet along Kings
Row to a point for corner at the right-of-way of Loop 288;
Z-1833
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' THENCE North 05 de-'"`.. 04 minutes West 25 feet alo''L,.e right-of-way of
Loop 288 to a point ror corner;
THENCE North 50 degrees 10 minutes West 286 feet along the right-of-way to
a point for corner;
THENCE North 01 degrees 05 minutes 07 seconds West 469.50 feet to a point for
corner;
THENCE North 89 degrees 03 minutes 42 seconds East 1,019 feet to a point for
corner;
THENCE North 00 degrees 15 minutes 49 seconds West 287,50 feet to a point for I
corner;
THENCE North 46 degrees 00 minutes East 129.00 feet to a point for corner;
THENCE North 44 degrees 00 minutes West 134.82 feet to a point for corner; {
THENCE North 00 degrees 15 minutes 49 seconds West 102.50 feet to a point for
corner;
THENCE North 44 degrees 20 minutes East 159.00 feet to a point for corner;
THENCE North 45 degrees 40 minutes West 122.00 feet to a point for corner;
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THENCE North 44 degrees 20 minutes East 80.00 feet to a point for corner;
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THENCE North 45 degrees 40 minutes West 113.66 feet to a point for corner;
v
THENCE North 00 degrees 17 minutes 31 seconds East with the West line of the
said 60.9975 acre tract 226.96 feet to the POINT OF BEGINNING, and enclosing
in all 50.5 acres, more or less.
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COLEMAN & ASSOC, SURVEYING
617 S. LOCUST, SUITE 106 • P.O. BOX 686 OENTON, TEXAS 76202-0666 (817) 565.8215
9,78 Acre Single Family-10
FIELD NOTES to all that certain tract of land situated in the James Coltart
Survey Abstract Number 288, Denton County, Texas and being a part of the
called 60.9975 acre tract described in the Deed from Dora Lee Reese to Teas-
ley Road Association recorded in Volume 1541 Page 167 of the Deed Records of 1I
Denton County, Texasl the subject tract being more particularly described
as followst
BEGINNING for the Northeast Corner of the tract being described herein at an
iron rod at the most Northerly Northeast Corner of the said 60.9975 acre
tract;
THENCE South 00 Degrees 00 Minutes 34 Seconds East with the East line of the
said 60.9975 acre tract at 208.60 feet passing an iron rod at a re-entrant
corner of the said 60.9975 acre tract and continuing along said course, in
all, a total distance of 329 feet more or less to a point in the Northerly
right-of-way of Greenfield Parkway ( proposed
I
THENCE South 89 Degrees 30 MInutes 24 Seconds West with the North line of the
said parkway a distance of 434 feet more or less to a point at the beginning
of a curve to the left having a radius of 330 feet and a delta angle of 44 De-
grees 31 Minutes 02 Seconds;
THENCE in a Southwesterly direction along the arc of the said curve and with
said right-of-way a distance of 256.4 feet more or less ( chord bearing of
South 67 Degrees 14 Minutes 53 Seconds West a distance of 250.00 feet ) to a
point for a corner;
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THENCE North a distance of 70.,0 feet more or lass to a point for a corner;
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THENCE West a distance of 71.36 feet to a point for a corner at the beginning
of a curve to the left having a radius of 430 feet and a delta angle of 45
Degrees 21 Nknutes 05 Seconds;
THENCE in a Southwesterly direction along the are of the said curve, being
100 feet from and parallel with the Northwesterly right-of-way of the above-
mentioned Greenfield Parkway an arc distance of 340 feet more or less ( chord
bearing of South 22 Degrees 10 MInutes 57 Seconds West a distance of 331.5
feet ) to a point at the end of the said curve;
THENCE South 00 Degrees 29 Minutes 36 Seconds East continuing parallel with
f said parkway a distance of 140 feet more or less to a point at the beginning
of a curve to the right having a radius of 140 feet and a delta angle of 51
Degrees 59 Minutes 26 Seconds;
THENCE in a Southwesterly direction along the arc of the said curve and para-
llel with said parkway an arc length of 127.0 feet more or less ( chord bear-
ing of South 15 Degrees 30 Minutes 07 Seconds lie-it a distance of 122.7 feet )
to a point at the end of the said curve;
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THENCE South 51 Degrees 30 Minutes vest a distance of 152.0 feet to a point
in the North line of a proposed road;
VENCE North 39 Degrees 58 MInutes West with the North line of the said road
a distance of 189.0 feet more or less to a point in the West line of the above-
mentioned 60.9975 acre tract;
THENCE North 46 Degrees 00 Minutes East a distance of 129.0 feet to a point
for a corners
THENCE North 44 Degrees 00 Minutes west a distance of 134...82 feet to a point
for a corner;
THENCE North 00 Degrees 15 Minutes 49 Seconds West a distance of 102.50 feet to
a point for a corner;
THENCE North 44 Degrees 20 Minutes East a distance of 159.00 feet to a point
for a corner;
I
THENCE North 45 Degrees 40 Minutes West a distance of 122.00 feet to a point
for a corner;
THENCE North 44 Degrees 20 Minutes East a distance of 80.00 feet to a point
for a corner;
THENCE North 45 Degrees 40 Minutes West a distance of 113,.66 feet to a point for
a corner)
THENCE North 00 Degrees 15 Minutes 49 Seconds West with the West line of the
f said tract a distance of 229.27 feet to the Northwest "orner of the said tract,
also being the Southwest Corner of Oak Bend Estates;
THENCE North 89 Degrees 17 Minutes East with the South line of the said Oak Bend
j Estates and the North line of the said 600975 acre tract a distance of 766.,0
feet more or less to the PLACE OF BEGINNING and enclosing 9.78 acres of land more
or lesse
i
These Field Notes were prepared from record information only;.
0-7
Michael J. Kern R..Pr$o No. 4158 ~..Date
4 1 s
1158
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r COLEMAN ASSOC. SURVEYING
7 S. LOCUST, SUITE 106 • P.O. BOX 686 DENTON, TEXAS 76202-0688 . (817) 565-8215
1.7 Acre Future Park
FIELD NOTES to all that certain tract of land situated in the D. Culp
Survey Abstract Number 287 and the James Coltart Survey Abstract Num-
ber 288, Denton County, Texas and being a part of the called 60.9915
acre tract described in the Deed from Dora Lee Reese to Teasley Road
association recorded in Volume 1541 Page 167 of the Deed Records of
Denton County, Texas.. The subject tract being more particularly de-
scribed as follows$
BEGINNING for the most Northerly Northwest Corner of the tract being
described herein at an iron rod at the Southwest Corner of a called
9.963 acre tract described in the Deed from Teasley Road Association
to Denton Independent School District ( also known r.s Farris Road
DISD Elementary ) recorded in Volume 1801 Page 818 of the Real Prop-
erty Records=
THENCE South 88 Degrees 57 Minutes 40 Seconds East with the South line
of the said DISD Tract a distance of 257 feet more or less to a point
for the Northeast Corner of the herein described tract;
THENCE South a distance of 350,0 feet more or less to a point for a
corner;
THENCE South 44 Degrees 49 Minutes West a distance of 48.68 feet more
I of less to a point in the North line of a proposed roadl
~ j
THENCE North 39 Degrees 58 Mis.utes West with the North line of the said
road a distance of 428 feet more or less to a point in the Easterly
line of Greenfield Parkway ( proposed ) in a curve to the left having
a radius of 270 feet and a delta angle of 17 Degrees 08 Minutes 20 Sec-
onds (chord bearing of North 40 Degrees 31 Minutes 25 Seconds East a
distance of 80.46 feet;
THENCE in a Northeasterly direction along the are of the said curve on
the East line of the said parkway a distance of 80.8 feet to the PLACE
OF BEGINNING and enclosing 1.7 acres of land.,
These Field Notes were prepared from record information only.
Michael J. Kern RrP.S. No. 479? ate
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COLEMAN M ASSOCe
SURVEYING
117 S. LOCUST, SUITE 106 • A.O. Box 686 • OENTON, TEXAS 76202-0688
(617) 5658215
7.7 Acre Retail
FIELD NOTES to all that certain tract of land situated in the D. Culp Sur-
vey Abstract Number 187, Denton County, Texas and being part of the called
60.9975 acre tract described in the Deed from Dora Lee Reese to Teasley
Road Association recorded in Volume 1541 Page 167 of the Deed Records of
Denton County, Texas; the subject tract being more particularly described
as follows$
BEGINNING for the Northeast Corner of the tract being described herein at
a point in the West line of the said 60,9975 acre tract, said point being
South 01 Degree 05 Minutes 07 Seconds East a distance of 330 feet more or
less from a fence corner post at the West Northwest Corner of the said
6069975 acre tractl
THENCE North 89 Degrees 07 Minutes East with a line parallel with the North
line of the said 60.9975 acre tract a distance of 1008 feet more or less to
a point for the Northeast Corner of the herein described tract;
THENCE South 00 Degrees 53 Minutes East with a line being the projection of
the most Northerly-West property line of the said 60.9975 acre tract a dis-
tance of 358 feet more or less to a point in the South line of the said
60,9975 acre tract in Kings Row;
THENCE South 89 Degrees 07 Minutes 05 Seconds West with the South line of
the said 60.9975 acre tract in Kings Row a distance of 789 feet more or
less to an iron rod at the most Southerly Southwest Corner of the said
1 E tract]
THENCE North 05 Degrees 04 Minutes West crossing said Kings Row a distance
of ':5 feet to an iron rod in the North line thereof and also being in the
Northerly right-of-way of Loop 1681
THENCE North 50 Degrees 10 Minutes West with said Northerly right-of-way
a distance of 286 feet more or less to an iron rod in the West line of
the said 60.9975 acre tractl
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THENCE North 01 Degree 02 Minutes 30 Secoicds West with the West line of
the said 60.9975 acre tract a distance of 146,5 feet more or less to the
PLACE OF BEGINNING and enclosing 7.7 acres of land more or less.
These Field Notes were prepared from record information only,
,,C> >4 X986
Michael J. Kern R,P.Sr No. 4158 Date
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COLEMAN & 4SSOC. SURVE.,'ING
417 S. LOCUST, SUITE 106 . P.O. BOX 686 . DENTON, TEXAS 76202-0688
(817) 565$215
31.4 Acre Single Family -7
FIELD NOTES to all that certain tract of land situated in the James Coltart
Survey Abstract Number 288 and the D. Culp Survey Abstract Number 2879 Den-
ton County, Texas and being a part of the called 60„9975 acre tract describ-
ed in
County,tTexas;cothedsub-
ject tract being more particularly described as follows3
BEGINNING for the Southeast Corner of the tract being described herein at an 1
iron rod at the Southeast Corner of the said Teasley Road Tract at the inter-
section of Farris Road and Kings Row;
THENCE South 89 Degrees 07 Minutes West with the South line of the said tract
in Kings Row a distance of 1187 feet more or less to a point in the West line
of Greenfield Parkway ( proposed
THENCE North 00 Degrees 53 Minutes West a distance of 352 feet more or less
to a point for a re-entrant corner of thet herein described tract;
THENCE South 89 Degrees 07 Minutes West a distance of 1008 feet more or
less to a point in tl,e West line of tFe said Teasley Road Tract;
THENCE North 01 Degree 05 Minutes 07 Seconds West with the West line of the
said tract a distance of 329 feet to a fence corner post at the West Northwest '
Corner of the said tract;
THENCE North 89 Degrees 03 Minutes 42 Seconds East with the North line of the
said tract a distance of 1019 feet to a fence corner post at a re-entrant cor-
ner of the said Teasley Tract;
THENCE North 00 Degrees 15 Minutes 49 Seconds West with the West line of the
said Teasley Tract a distance of 285 feet more or less to a point in the North
line of a proposed road;
THENCE South 39 Degrees 58 Minutes East with the North line of the said road a
distance of 189.0 feet to a point for a corner;
THENCE North 51 Degrees 30 Minutes East a distance of 152,.0 feet to a point at
the beginninj of a curve to the left having a radius of 1404 feet and a delta
angle of 51 legrees 59 Minutes 26 Seconds;
THENCE in a Northeasterly direction along the are of the said curve 140 feet
parallel to the West line of the abovementioned parkway an arc distance of
j 127 feet ( chord bearing North 25 Degrees 30 Minutes East a distance of 122.7
feet ) to a point at the end of the said curve;
THENCE North 00 Degrees 29 Minutes 36 Seconds West a distance of 140 feet to a
point for a corner at the beainnina of a curve to the right having a radius of
430 feet and a delta angle of 45 Degrees 21 Ninutes 05 Seconds;
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THENCE in a Northeasterly direction along the are of the said curve being 100
feet from and parallel with the West line of the said Greenfield Parkway an
arc distance of 340 feet ( chord bearing North 22 Degrees 10 Minutes 57 Seconds
East a distance of 331.5 feet ) to a point;
THENCE East a distance of 71.0 feet to a point for a corner;
THENCE South a distance of 70.0 feet to a point in the North line of the said
parkway in a curve to the right having a radius el 330,.0 feet and a delta angle
of 44 Degrees 31 Minutes 02 Seconds;
THENCE in a Northeasterly direction along the are of the said curve and the North
line of the said parkway an arc length of 256.40 feet ( chord bearing of North 67
Degrees 14 Minutes 53 Seconds East a distance of 250.00 feet ) to a point at the
end the said curves
THENCE North 89 Degrees 30 Minutes 24 Seconds East continuing with the North line
of the said parkway a distance of 63.0 feet to a point for a corner)
1
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THENCE North 00 Degrees 00 Minutes 34 Seconds East a distance of 120.30 feet to a
iron rod at a re-entrant corner of the said Teasley Tract in its North line)
l THENCE North 89 Degrees 33 Minutes 05 Seconds East with the North line of the said
tract a distance of 417.0 feet to an iron rod at the Nast Northeast Corner of the
said tract in Farris Road;
k
THENCE South with the East line of the said tract in Farris Road a distance of
150,00 feet to an iror. rod at the Northeast Corner of a called 9.963 acre tract
known as DISD Farris Road Elementary)
THENCE South 89 Degrees 30 Minutes 24 Seconds West vith the North line of the said
DISD Tract in the center of the said parkway a distance of 460.0 feet more or less
to a point at the beginninn of a curve to the left having a radius of 300.0 feet
and a delta angle of 90 Degrees 00 Minutes 00 Secondsl
THENCE in a Southwenterly direction along the arc of the said curve an are dist-
ance of 471.23 feet ( chord bearing of South 44 Degrees 30 Minutes 24 Seconds Vest
i a distance of 424,26 feet ) to a point at the end of the said curve;
THENCE South 00 Degrees 29 Minutes 36 Seconds East continuing with said parkway and
the West ling of the said DISD Tract a distance of 140.00 feet to a point at the
beginning of a curve to the right having a radius of 270 feet and a delta angle of
49 Degtens 35 Minutes 11 Seconds=
THENCE in a Southerly direction along the arc of the said curve an arc distance of
i 233.7 feet mote or less ( chord bearing of South 24 Degrees 17 Minutes 59 Seconds
West a distance of 226.45 feet ) to a point in the North line of a proposed roads
THENCE South 39 Degrees 51 Minutes 48 Seconds East with the North line of the
said road a distance of 478,0 feet more or less to a point for a coiner;
THENCE North 01 Degrees 44 Minutes 57 Seconds East a distarce of 73.23 feet ^o
a point for a corner;
THENCE North a distance of 350.0 feet to a point in the South line of the abovemen-
tioned DISD Tract)
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Page 3
THENCDEIS SouTthrac8t8 a Degdisreesnc 5e7 ofMinutesfee
said
2604eOtSecondan
t siEast with the South Iine of the
o
D Of rod at the Northwest Corner
of a called 1,66 acre tract described in the Deed from Dora Lee Reese to Irene
B. Nilson recorded in Volume 1542 Page 35 of the said Deed Records
THENCE South 00 Degrees 04 Minutes 22 Seconds East with the West line of the
said Nilson Tract a distance of 258.0 feet to an iron rod at its Southwest
Corner;
THENCE South 88 Degrees 55 Minutes 21 Seconds East with the South line of the
said Nilson Tract a distance of 280.0 feet to an iron rod at the Southeast Cor-
ner of the said tract in the middle of Farris Road and the East line of the
said Coltart Survey;
THENCE South with the East line of the said Teasley Road Tract in Farris Road
a distance of 593 feet more or less to the PLACE OF BEGINNING and enclosing
. 31.4 acres of land more or less;
l :hese Field Notes were prepared from record information only,.
~rs6
Michael J., Kern A,•P.S. No.. 4158 T~ , m Date
. iy • ,.~/Ji e
KHOJAEl J. KSRN
1111 4158 !
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EXHIBIT "B"
CONCEPT PLAN FOR GREENFIELD WOODS, CONSISTING Oft
1. Conceptual Site Plan (1 page)
Tree Conservation Statement (1 page)
3. General Notes and Development Schedule (2 pages)
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Teasley Road Associates
P.O. Box 117
Denton, Texas 76202
18171383.1520
August 14, 1986
GREENFIELD WOODS ADDITION
Planned Development
Tree Conservation
Approximately fifty per cent (509) of the land area at Greenfield
1
! Wood is covered by native trees of varying heights and caliper.
it is the intent of the developer to remove only those trees
directly in roadways (paved portion only) or those that cannot
be saved during utility construction. Every effort will be made
to coordinate construction of streets and utilities in order to
save as many trees as possible.
Upon completion of development phase, restrictions will be
filed of record to prohibit removal of trees from developed lots
I without the permission of the developers' Architectural Control
Committee. A standing restriction will also require that each
lot have a minimum of two (2) trees in each the front and back yard
of the home.
As in the past, the developer will relocate as many trees as
possible during the development process. Our goal is to preserve
trees, not to destroy them.
i
GREENFIELD WOODS CONCEPT PLAN eISION
GENERAL NOTES:
1. Statement of Intent
It is intended that this 50,45 acres, be zoned and annexed within the City
limits of the City of Denton; and be subdivided as requested on accompan.ing
Concept Plan above. Teasley Road Associetes being the sole owners of the
property, wish to designate a portion of aforementioadd sbbdivision.for a
PUBLIC PARK.
2. Relation to Comprehensive Plan
Be it known that this development is intended to meet or exceed the City
of Denton requirements in direct relation to the City's comprehensive plan
for this area of Denton, specifically the areas being designated for Educ-
ation, Public Usage, and Preservation of Existing Natural Landscape and
Foliage whenever possible.
1 3. Acreage: Total acreage- 51.07 Ac. gross
I '
Area Summary:
Gross Area: 51.07
Street ROW: 2.13 j
T.P.BL. Esmt,: 1.60
NET ACREAGE: 47.34
4. Land Uses Density y
General Retail 7.7 Ac. 40% F.A.R. 3.08 Ac.
SF7 31.5 Ac. 4.4 U/Ac. 112 lots
SF10 9.78 Ac. 3.4 U/AC. 27 lots
Public Park 1.47 Ac.
50.45 Ac.
5. Off Site Information
All adjacent property lies outside of Denton City Limits Zoned "A" except
proposed Loop 288. s
6. Traffic and Tnmsportation
Projected Traffic Amounts
Trip Generation Acreage Level Avg. Trips Total
Land Use Factor of Development Acre Trips
Single Family SF-7 10 trips/D.U. 4.4 D.U./AC. 44 1386 trips
Single Family SF-I0 10 trips/D,U, 3.4 D.U./Ac. 34 354 trips
General Retail 60 trips/D.U. 17,424 sq. ft,/Ac. 1045 8047 trips
Public Park 10 trips/Ac. 1.5 Ac. 15 15 tr ps
Total trips daily 9787
7. Buildings
(as) See Concept Plan "Example"
(bb) Maximum height- 2 story
(cc) Setbacks- see Concept Plan above. '
(dd) non-residential total floor areas not to exceed 40% of 7.90 Ac.■ 3.I6Ac.
continued- 5_16
RBCP,Ivro All.- 7 ~ 109s ,
4
GREENFIELD WO')DS CONCEPT PLAN .VISION
GENERAL NOTES: (page 2)
• 8. Residential Subdivision
(as) 142 lots, for location see Concept Plan above
(bb) see Concept Plan "Example"
(cc) setbacks- see Concept Plan "Example"
9. Water and Drainage '
Site is out of 100 year flood plain. There are no ponds, creeks, or lakes.
10. Utilities
Texas Power and Light Easement- f::e Concept Plan above.
No existing gas lines on site.
Proposed utilities: have been submitted 2-6-86
17 11. Trees
See Concept Plan above for limit of existing trees.
j 12. 2 en S ace
See Concept Plan above. I
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13. Screening ;
Natural screening to be used wherever possible with berms and fences to be
added between areas of different land use and adjacent property.
14. Development Schedule
Section Detailed Plan Constructioe
I Jan, 1987 Aug. 1988
2 Sept. 1988 Oct. 1989
3S4 July 1989 Aug. 1990
E I
15. Minimum lot areas are 7000 sq. ft. for SF-7 and 10,000 sq. ft, for SF-10. J
16. Proposed Sanitary and Water Lines are shown and will be sized and designed 1
I
according to current subdivision ordinance requirements.
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:,cv>mc~crd, 1'323
:lie regular meeting of the Planning and Ze r i o.
the City of Denton, Texas, was held on 'wesLa9 YY Ykc ea1~
1989, it 5:00 p.m, in the Council ChimbersL"'~~a~!!fillQQQSSSIIIYYY"YYY~~~
Building, 115 East McRinney.
Present: Euline Brock, Sim En.gelbrecht, Ivan Glasscock, Judd
Holt, william Kamman, and Fran Morgan
Absent: Etna Ki'xer
Present from Staff: Frank Robbina, Executive Director for
Planning and Development? Jane Brady, Urban Planners
Elizabeth Evans, Planning Administrator; Owen Yost,
Urban Planner? David Salmon, Engineering Assistant?
Lee Allison, 'dater/Wastewater; Cecile Carson,
Administrative Analysts and C'ivia Carson,
Cleck-Typist
Chairwoman arock called the meeting to order.
REGULAR SESSION
I. Denton Baptist Association
Z-a9-011
Hold a public hearing and consider the petition of
William C. Tinsley representing Denbon Baptist
Association requesting a goring change for a portion of
Planned Development 120 (2l)-124) from Planned Development
for Single Family 7 to Single Family 7. The site is
approximately 7.1156 acres located on the north side of
Silver Dome Road, south of Grant Parkway and east of
Greenfield Parkway.
Four reply forms were mailed to property owners within
200 feat of the site: none were returned.
STAFF REPORTS Ms. Evans presented the ctaff report
(attached) and slides of the site.
PETITIONERS Bill Tinsley, 2711 Xingston Trace, stated
I that Denton Baptist Association has a history of
cooperation and participation in the community. The
sponsoring church of this project is First Baptist which
was established in 1958. The site will be developed as a
church for about 1D0 people in the area. He said that
Denton Baptist Association looks forward to working with
the City and administering to the spiritual needs of
citizens.
IN FAVORS Virgil Strange, stated that he sold the tract
to the Baptist Association and retained the adjoining
--'I property. There is a school, park, and retail uses in
the area. The site is better suatad to a church than for
homes and it is an appropriate use.
02POSEDs None present.
RECOMMENDATION: Ma. Evans stated that staff recommends
approval.
DECISION: Mr. Glasscock moved to recommend approval of I
Z-89-017. Seconded by Mr. Engelbrecht and unanimously
carried (5-0).
It. Larry Schneider
Z-89-019
V bold a public hearing and consider the petition of Larry
Schneider requesting a change in zoning for approximately
j 21.7 acres from Planned Developmint (PD-109) to single
Family 7. 'ere site is approximately 1,100 feet south o".
` Audra Lane and east of Oak Tree,
Ih
No. f
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE
FROM PLANNED DEVELAPMENT TO SINGLE FAMILY (SF-7) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION FOR 7.1156 ACRES OF LAND,
LOCATED ON THE NORTH SIDE OF SILVER DOME ROAD, SOUTH OF GRANT
PARKWAY, AND EAST OF GREENFIELD PARKWAY, AS IS MORE PARTICULARLY
DESCRIBED HEREIN; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000.00 FOR VIOTATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, William C. Tinsley has applied for a change in zoning
for 7.1156 acres of land from Planned Devalopment to Single Family
j (SF-7) zoning district classification and use designation; and
WHEREAS, on November 8, 1989, the Planning and Zoning
j commission recommended approval of the requested change in zonings
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the zoning district classification and use
designation of the 7.1156 acres of land described in Exhibit "A",
f attached hereto and incorporated herein by reference, is hereby
changed from Planned Developmen; to Single Family (SF-7) zoning
district classification and use designation under the comprehensive
zoning ordinance of the City of Denton, Texas.
SECTION II. That the Zoning Map of the City of Denton,
Texas, adopted the 14th day of January, 1969, as an Appendix to the
code of ordinances of the City of Denton, Texas, under Ordinance
No. 69-1, as amended, is further amended to show the change in the
coning district classification herein approved for the property
herein described.
SECTION III. That any person violating any provision of this
ordinance shall, upon conviction, be fined a sum not exceeding
$2000.00. Each day that a provision of this ordinance is violated
shall constitute a separate and distinct offense.
SECTION IV. That this ordinance shall become effective
fourteen (14) days from the date of its passage, and the City
Z-89-017/PAGE 1
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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.
RAY STEPHENS, MAYOR
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY ;
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BY.
APPROVED AS TO LEGAL FORM: y
DEBRA ADAMI D12AYOVITCH, CITY ATTORNEY J
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17,17,
F X H I 8 I T "A"
All that certain tract of land situated in the JAMES COLTART
SURVEY, ABSTRACT NUMBER 288 and t%e D. CULP SURVEY, ABSTRACT
NUMBER 287, Denton County, Texas, and being a part of the called
60.9975 icre tract described in the Deed from Dora Lee Reese to
Teasley Road Associates recorded in Volume 1541, Page 160 of the
Real Property Records ,f Denton Countyr Texas; the said tra;^t
being more particularl• described as follows;
BEGINNING for the Southeast corner of the tract being described
herein at a 60D nail In the South line of the said 60,9975 acre
tract South 89' 07' 05" West, a distance of 420.25 feet from an
iron rod found at the Southeast corner thereof;
THENCE South 99' 07' 05" West with the South line of the said
60.9975 acre tract, a distance of 736.71 feet to a point fn a
sanitary sewer manhole,' North 00' 52' 55" West, a distance of
22.80 feet from an Iron rod found;
THENCE North 00' 524 55" West with the centerline of Greenfield
Parkway, as described in the Public Improveme;,t Easement to the
City of Denton, Volume 2081, Page 511 of tho Real Property
Records of Denton County, Texas, a distance of 652.23 feet to its
1 intersection with the centerline of Grant Parkway, the said point
being In a sanitary sewer manhole South 00 52' 55" East, a
distance of 90.05 feat from an iron rod found;
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THENCE Northeasterly with the centerline of Grant Parkway along a
curve to the right having a radius of 314.19 feet, an arc length
of 173.66 feet ichord bearing North 73' 13' 38" East) to the most
southerly corner of Greenfield Woods Addition, Section One, Phase
A, as shown by the Plat thereof recorded in CABINET G, SLIDE A'of
the Plat. Records of Denton County, Texas;
THENCE South 40' 09' 33" East with the Centerline of a 70 foot
TMPA Electric Transmission %ine Easement, a distance of 903.22
feet to the PLACE OP BEGINNING and ENCLOSING 7.1156 acres of
land.
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DATE: 12/19/69
CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council.
FROMt Lloyd V. Harrell, City Manager
SUBJECTt PUBLIC HEARING AND ADOPTION OF AN ORDINANCE PROVIDING FOR A CHANGE
FROM PLANNED DEVELOPMENT (PD) TO SINGLE FAMILY (SF-7) ZONING
DISTRICT FOR 22.914 ACRES, GENERALLY LOCATED EAST OF AUDRA ESTATES
SUBDIVISION, 14ORTHEAS-1 OF MACK PLACE SUBDIVISION, AND NORTHWEST OF
BELLAIRE HEIGHTS. (Z-89-018)
RECOMMENDATIONt
The Planning and Zoning Commtssiou recommended approval at ita
November 81 1989 meeting by a vote of 6-0.
SUMMARYt
The property is located in a low intensity area. The proposed
residential use is compatible with the surrounding neighborhoods,
both existing and proposed.
BACKGROUADt
The property was zoned Planned Development (PD-109) on
I March 18, 1986. The uses permitted within PD-109 were Single Family
Residential (SF-7) uses and sidewalks were required. Sidewalks are
now required in SF-7 zoning.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECIEDt
Twenty four property owners were notified.
FISCAL 10PACTt
No fiscal impact has been determined at this time.
i
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Reap ully apbm dZ4
Prepared byi Lloy . Harrell
City Manager
/ Jede Brady~
Urban Planner
An d edf
r n a tna, AIL?
Executive Director
Planning and Development
2076x
f
PLANNING ANn ZONING COMMISSION REPORT
To: City Council
Case No,: Z-89-018 Mieting Date: December 19, 1989
GENERAL INFORMATION
Applicant: Larry Schneider
426 Oak Hill Drive
Denton, TX 76201
Status of Applicant: Owner/Applicant
Requested Action: Change in zoning from Planned
Development (PD-109) to Single
Family 7 (SF-7)
Location and Size: Approximately 22.7 acres of land
located east of Audra Estates
Subdivision, northeast of Mack Place
Subdivision and northwest of Bellaire
Heights, approximately 1000' south of
Audra Lane
Surrounding Land Use
and Zoning: North - Agricultural, vacant and
single family detached
South - Single family detached
East - Single family detached
West - Single family detached and
multi-family, vacant
Denton Development Plan: Low Intensity Area
SPECIAL INFORMATION
Transportation Access may be provided from Oak Tree
and Drainage: in Audra Estates. Future access
connections will be finalized at
platting. Street and sidewalk
improvements will be provided in
accordance with subdivision
regulations. Drainage improvements,
including off-site improvements will
be necessary and subject to review at
the time of platting.
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(Case Z-89.018)
Page Two
SPECIAL INFORMATION (Continued)
Utilities: Six inch water lines are available at
Oak Street and Lattimore Street. An
6 inch sewer line is located along
Oak Tree, Fireflow may need
improvement.
HISTORY
The site was zoned Agricultural (A) in 1969. On March 18, 1986,
the City Council approved Planned Develot;ment zoning for this
site (Ord. 86-62), allowing for SF-7 uses, requiring sidewalks.
ANALYSIS
The property is in a low intensity area, number 47 (See attached
intensity map and calculations). A disproportionate share of
intensity has been allocated in the study area. However, this
rezoning request will not change the allocated trips for this
property. This proposal is compatible witn the surrounding
neighborhoods, both existing and proposed. Current subdivision
requirements will require sidewalks.
RECOMMENDATION
Planning and Zoning Commission recommends approval.
ALTERNATIVES
1. Approve the petition
2. Postpone action on the petition
3. Deny petition
j ATTACHMENTS
f
1. Location Map
2. Intensity Study #47
3. Original Ordinance
4. Planning and Zoning Commissio, Minutes
11830
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289018
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INTXNBITY AREA ♦ 47 BIER 703.24 ACH18
BOUNDARY DESCRIPTION
Easts A line separating 2F and KF zoning in PD 96, Audra Lane, Loop
288, Hummingbird Street, and Cardinal Street
West: old North Road, Audra Lane, Lattimore, Mulkey
Northc TP t MKiT Railroad
8outhi McKinney Street (FM 426)
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CI?Y of DISTON, FfXAI
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LAND USE MANAGEMENT INFORMATION SYSTEM
PLANNING AND DEVELOPMENT DEPARTMENT
CITY OF DENTON
-
Intensity area 1: 47 Type: Low Intensity Trips/ac 60
Traffic survey zones: 6568 6572 6573
Boundary Descriptions North: TP & )!K&T Railroad I
South: McKinney St. {
Dater 11/03/89 East: 2F/MF-PD96,Audra, Lp.288,HummingbirdICardinal
Updated: West: Old North Road, Audra, Lattimore, Mulkey
LAND USE EXISTING LAND USE CURRENT ZONING PLANNED DEVELOPMENTS
O INTENSIT
\ CATEGORY UNITS ACRES INTENSITY ACRES INTENSITY ACRES UNITS -
0
SF-16 < 54 30.63 540 2.82 56.4 0
SF-10>16 45 15.92 450 0 0 0 0 0
SF-7>10 588 148.83 5880 105.44 4428.48 17.44 82 820
LESS SF-7 208 45.17 2080 0 0 61.67 446 4460
MOB.HOMES 0 0 0 2.21 176.8 0 0 0
O 0 0 3.72 41 410
DUPLEX 0 0
MF-R 0 0 0 11.78 1178 13.83 196 1568
MF-1&2 492 27.54 3936 1.96 392 20.55 472 3776
COM/RET 0 1.8 1170 2.47 1605.5 0 0 0 I
OFFICE 0 5.04 1764 0 0 0 0 0
INDUSTRY 0 0 0 0 0 11.7 00 1228.0
INSTIONAL 0 29.35 2494.75 0.84 71.40 00 0 0
PARKS 0 0.88 26.4 0
R/0/SPACE 0 4.98 0 0 0 0 0 0
TRANSPORT 0 12.5 0 0 0 0 0 0 ,
AGRIC. 0 0 0 127.18 0 0 0 0
l VACANT 0 383.61 0 0 0 0 0 0
TOTAL 1387 706.25 18341 254.7 7909 128.91---- 1237 12263
INTENSITY CALCULATIONS_
,i 1 intensity area total tripps 706.25 times 60 42375
2 Trips allocated to existing land uses (built) 18341
3 Trips allocated to current zoning incl. P Ds (not built) 20171
4 Trips allocated to vacant lands not zoned plus Agric. zoning 7630.8
5 Estimated unallocated intensity trips 1)minus(2)+(3)+(4) -376089
6 Percentage of intensity trips allocated
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NO,
AN ORDINANCE AMENDINU THE ZONING MAP OF THE CITY OF
TEXAS AS SAME WAS ADOPTED AS DENTON
AN X
ORDINANCES OF THE CITY OF DENTON, TEXAPPENDIAS BY ORDITO THE N CODE E Old
O
AS AMENDED, AND AS SAID MAP APPLIES TO 22.7 ACRES OF LAND
LOCATED APPROXIM.ITELY 1,000 FEET SOUTH OF AUDRA LANE AS IS MORE
PARTICULARLY DESCRIBED HEREIN; TO PROVIDE FOR A CHANGE 114 ZONING
C
LASSIFICATION FROH AGRICULTURAL "A" DISTRICT CLASSIFICATION AND
USE
TIONDANDESIGNATION, TO
DESIGNATIO ;E PROVID NGEFOR 11A PENALTY DISTRICT NOT TO CLASSIFICA.
$1,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOP. AN EFFECTIVE a
DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
SECTION I.
That the Zoning Classification and Use designation applicable
to all or part of the property described in Exhibit "A", attached
F h
fro ereto and incorporated by referace herein, is hereby ch
nned
Develop ment tuppl District District Classification o andd Usee uto P1 nder angsd
Comprehensive Zoning Ordinance of the City of Denton, Texas.
SECTION It.
That the development and use of the district shall be in y
substantial compliance with the Exhibit "B" site plan attached r
hereto and incorporated herein by reference, and be subject to
the following conditions and restrictions:
1. All lots will be of a minimum site of 7,000 square
feet, have a minimum depth of 100 feet, and have a
minimum width of 60 feat.
2. All building setback linos, lot coveragas, height i
limitations and other regulations applicable to
single•famlLY (SF-7) Boning distrlc U as specified
in Appendix B-Zoning of the Code of Ordinances shall 1
be applicable to the district.
3. Prior to the lasunce of any certificates of occu-
panty for any building in the district, sidewalks
• shall be constructed to City apscifications on the
south and west sides of all public streets.
SECTION IIi.
14thThdayZoofngJ Mapryof, 1969,Cias oanOAppendixato the Code the
of
Ordinances of the City of Denton, Texas under Ordinance No.
69-1, be, and the same is hereby amended to show such change in
i I andtspecificationa~tian and Use subject to the above conditions
SECT I__ ON iy_ the Eindsh th at ouch ych ge tso inthaccorty dance with na comprehensive
plan for the purpose of promoting the general welfare of the
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Ctty of Denton, Texas, and with reasonable consideration
other things or the character of the district and for
peculiar suitabilit ' among
conserving the value of pparticular uses, and with a view Inc
and encouraging the mosehesbuildln8sI protecting human lives,
maximum benefit to the City of ppropriate uses of land for SECTION V Denton, Texas, and Its Citizens.
V.
or f Person
to o C who shall violate a provision of this ordinance,
thereof, ooE°eppplY therewith or with any of the requirements I
OnegThousand Dolisejmas or °ppunirhaDle Dys~ flnearnotdex¢eeding
deemed guilty of ($1'00 -006)n-Ae Efach such a aseparate offense or each and
portion thereof during which ea pets°^ ysha a be
committed an
, or continued, and y uviolation of this ordinance or
violations such parson shall be punished conviction of
!thin the 1lmiti above
SECTION VI.
That this ordinance shall become
days from the date of its effective fourteen (
hereby directed to causethe scsgtioa not the City secretarylis
published twice in the Denton p this ordinance to be
newspaper of the Cit Record-ChronLeis , the official
the date of its passage Of Denton, Texas' within ten
(LO) days of
PASSED AND APPROVED this the
pv- day of
1986.
J
Ii OF DE ON, TEXAS
ATTEST:
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J1TYVFNTONj'T'
e APPROVED AS TO LEGAL FORM:
DEBRA ADAM DAAYOVITCB, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY: ,
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EXHIBIT Al FIELD NOTES
11.710 Acres
8
M. E. EIH0 all that certain lot, P a F tract or parcel of land situated
County, Texas, bein In t,R,A Company SurveYer Abstract Numbers 117) and 1179r Denheton
ung
eonvsye part of a certain (called) 21,717 acre tract
d byy deed from liarvin 8, Flneher, and wife,
1, Helen aced W. Recoco erddrs os o! DendenVeton Vernon 8 Anne L
un t , L. pincher to
,yrincher, recorded in volume 8120 Paqe
11
describe4 as followse Texas and being more particularly V
MINNiNO at an iron rod found for corner at a fence intersection, rr,
said point teing the Northeast corner of said Fincher, tract) 1
THENCofE
With
ring the Eost
rod eon face limp, for corners
und
i THENCE N 66'26'08• N, 1111,01 feet with the South line
pincher tract to an (ran rod se laid
THENCE t for :owner in safdSouth line!
N 00'61'28• t, 11r.i0 feet to an from roJ sot THENCE S 69b8'32' t, fo•oo for corners
feet to nn iron rod eat for corn~rl
THENCE N 00'61'28• t, 120,00 (set to an from rod sqt for cornvet
THENCE N 69
t fi'08')2• N
the was ns r 210.00 Not
to an iron c
of said rim he Tracts )d sat far corner in
THENCE N 00062'28• E, n 509.00 foot with said Nest lime to an iron
e FIcM rnlr~ctlcorner, $aid r»int being the Northwest corner of asii
r
ThENCE inch6t S e88rec't 69') to 2' is 1307,91 feet with the North line of raid
of ten
of tend, the FLACS OF BLol"WINO, and centaininq 11qs0 acre
I i
Z-1775
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ATTACHMENT 4 Plar.nin9 sni :on.ng mr:aanon
C Novemoer 8, 19d9
The regular meeting of the Planning and n oJ
ss ni
betl~}~[p{/
the City of Denton, Texas, was held an We n s , ~uy~v e
1489, ae 5:00 p.m, in the Council Chamber f I "i palms
Baildinq, 215 East .McKinney. ~~LSSS
Peasant: Eullne Brock, Jim Ea;elbrec'nt, Ivan Glasscock, Judd
Molt, William Kamman, and can Morgan
Absent: Etna Kiker J
Present from Staff: Frank Robbins, Executive Director for 'l
Planning and Developments Jane Brady, Urbar. Planners
Elizabeth EVana, Planning Administrator, Owen Yost,
Urban Plainer; David Salmon, Engineering Assistant;
Lee Allison, Water/Wastewater; Cecile Carson,
AdminLatraeive Analyst; and Olivia Carson,
Clerk-rypist
Chairwoman Brock called the meeting to order.
REGULAR SESSION
1. Denton Baptise Association
z-89-017
Hold a public hearing and consider the petition of
William C, Tinsley representing Denton Baptist
Association requesting a zoning change for a portion of
Planned Development 124 (PD-124) from Planned Development
for Single Family 7 to Single Family 7. The site is
approximately 7.1156 acres located on the north side of
Silver Done Road, south of Grant Parkway and east of
Greenfield Parkway.
Four reply forma were mailed to property owners within
- 200 feet of the site; none were returned.
STAFF REPORTS Ma. Evans presented the staff report
(attachedl and slides of the air*.
I
PETITIONERS Bill Tinsley, 7717 Kingston Trace, stated
that Denton Baptist Association has a history of
cooperation and participation in the community. The
E sponsoring church of this project is First Baptist which
If was established in 1958. The site will be developed as a
church for about 106 people in the area. He said that
Denton Baptist Association looks forward to working with
the City and administering to the spiritual needs of
citizens.
IN FAVOR; Virgil Strange, stated that he sold the tract
to the aapeist Association and reta!ned the adjoining
1 property. There is a school, park, and retail uses in
the area. The site is better suited to a church than for
homes and it is an appropriate use.
OPPOSED: None present.
RECOMMENDATION: Ms. Evans stated that staff recommends '
approval.
,.11ONs Mr. Glasscock moved to recommend approval of
a•89-017. Seconded by Mr. Engolbrecht and unanimously
caerled IS-D1.
II Larry Sceneider
Hold a public hearing and consider the petition of Larry
Schneider requesting a change in zoning for &mProximately
22.7 acres from Planned Development (PD-109) to Single
Family 7. :re site is approximately 1,600 feet south of
Audra Lane and east of Oak Tree.
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P,. alpuce; 'A
~o~ea'oer d, iddJ
' 21 reply forms were malted to property owners within 200
feet of the site; three were received in favor and one in
opposition.
I STIFF REPORT: ms. Brady presented the staff report
attar e T and slides of the site,
'dr. Holt arrived at the meeting.
Ms. Brock asked the purpise of the rezoning.
Ms. Brady replied that the applicant plans to change the
original site plan and it will be easier to work with
straight toning. This will not happen in the near future
but will eventually change from the existing approved
detailed plan.
PETITIONER: Bud Hauptmann, engineering representative,
c ar a that the site plan approved with the Planned
Development toning had a street arrangement that could be
improved upon, The Planned Development required single
family development with sidewalks, Sidewalks are now
required by ordinance for all new subdivisions. Changing
to straight toning gives the petitioner more flexibility
and would not require a new detail plan. The petitioner
does plan to proceed rapidly after financing and the
platting process is completed.
IN FAVOR: Larry Schneider, owner, stated that he has
Fee- ou ldtng in the area. He has built 25 houses in
Royal Meadows in the last 2 years. He plans to build the
;ame type of hones in this area as well. AL1 lots will
be In excess of 7,000 square feet.
OPPOSED; Hone present.
j RECOMMENDATION: Ms. Brady stated that staff recommends
Approval.
Chairwoman Brock closed the public hearing. She asked
the nature of the objection to the request.
Ms. Brady replied that an adjacent owner was concerned
that currently there is only one access to the tract.
That will be addressed when the property is platted,
Mr. Holt moved to recommend approval of 2-89.016.
Seconded by Mr. Kamman and unanimously approved (6.0).
I1.-Endres Additi J
A, Hold a public hearing and reconsider the petltlan of
Metroylet Engineering requesting a variance of
Article 111, 4.04, Q, sidewalks, to the Denton
S ',division and Land Development Regulations for the
Endres .Addition. This 2.9 acre tract is located west
of iH-SSM and north of Airport Road.
five reply forms were sailed to adjacent property
owners; three were received in favor, and none were
opposed.
f STAFF REPORT: Mr, Yost 1tated that the City Council
as approve-3 the partial variance recommended by the
Com.:lsslon. If the Commission chooses to reconsider
their decision on the variance, the petitioner has
agreed to withdraw the final plat from this aeeting.
They are requesting that the variance be reconsidered
because they feel that t;se sidewalk would be a safety
problem.
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON$ TEXAS, PROVIDING FOR A CHANGE
FROM PLANNED DEVELOPMENT TO SINGLE FAMILY (SF-7) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION FOR 22.914 ACRES OF LAND LOCATED
EAST OF AUDRA ESTATES SUBDIVISION, NORTHEAST OF MACK PLACE SUB-
DIVISION AND NORTHWEST OF BELLAIRE HEIGHTS, AS MORE PARTICULARLY
DESCRIBED HEREIN; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT
OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Larry Schneider has applied for a change in zoning
for 22.914 acres of land from Planned Development (PD-109) to
single Family (SF-7) zoning district classification and use
designations and
WHEREAS, on November 8, 19890 the Planning and Zoning
commission recommended approval of the requested change in zoning;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
E
SECTION 1. That the zoning district classification and use
designation of the 22.914 acres of land described in Exhibit "A",
attached hereto and incorporated herein by reference, is hereby
changed from Planned Development to Single Family (SF-7) zoning
district classification and use designation under the comprehensive
zoning ordinance of the City of Denton, Texas.
i
SECTION II. That the Zoning Map of the City of Denton, Texas,
adopted the 14th day of January, 1969, as an Appendix to the Code
of Ordinances of the City of Denton, Texas, under ordinance No. 69-
1, as amended, is further amended to show the change in the zoning
district classification herein approved for the property herein
described.
6$CTION III. 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 IV. That this ordinance 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
Z-89-018/Page 1
tb F!,'
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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.
RAY STEPHENS, MAYOR
f
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM?
DEBRA ADAM DRAYOVITCH, CITY ATTORNEY
BY: 1
ord\z 018
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2-89-018/Page 2
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EXHIBIT 'A'
FIELD NOTES
and P.R.A.
s
All that certain 22.914 site tract or parcel of land situated In the ?4"'
Company Survey, Abstract Number 1413 and the ME,P, and P.R.R. Company Survey
Abstract Number 1479, Denton -4unty, Texas, being all of Lot 14 Block A of Audra
Estates as shown by plat recorded in Cabinet D, Palo 190 Plat Records, Denton County, nk of Texas, and all that (called) 11.721 acre tract conveyed to
First State Ban over De ton b
substitute Trustee's Deed recorded in Volume 1314, Pale 467, Real Denton County, Texas; said 22914 acre tract being more particularly described as foilaws:
Beginning at a found Iron pin at the northeast corner or the J. Brock Survey, Abstract
Number $5, to ne being an inner ell corner of said M.E.P. and P.R.R, Company Survey,
Abstract Number 1479 and in inner ell carrier of said Audra Estates;
Thence South 19 degrees 17 minutes 17 seconds East with it south line of Audis Estates a
distance of 316.33 feet to a found iron pin by a fence coiner post for the most northerly
solttheist corner of said Audra Estates, same being the southeast coiner of Lot 23, Black A
Audio Estates;
Thence South 63 degrees 35 minutes East with a fence and the occupied south line of a
tract conveyed to Mickey Via and T. 1. Thomas Ind recorded lit Volume 1630, Page 94 Real
Property Records, a distance of 64.05 feet to a set hair inch square tube for angle palm;
^ Thence South It degrees 54 minutes 17 seconds East with it fence and the north line of said
1 First State Bank tract a distance of 157.44 feel to a round Iron pits at the northeast corner
of the herein described tract, also being the northwest corner of a tract conveyed to Quail
Ridge Joint Venture and recorded in Volume 2215, Page 691 Real Property Records;
Thence South 0 degrees 26 minutes 21 seconds West with it fence it distance of 1$6.33 feet
to a found Iron pia at a southwest corner at said Quail Ridge Joint Venture trier, tame
being the most northerly northwest coiner of Lot 1, Block 1, Bellaire Helghta Phase Three,
as shown by plat recorded in Cabinet 9, Page 151 Plat Records;
The"cc North Ild degrees 2$ minutes 2a seconds iron West with a south line of said First State
link tract a distance 112L90 feet t pla:
1
Thence North 01 degrees 01 minutes 21 seconds East a distance of 1$7.99 feet to a found
iron pin;
Thence South 69 degrees 03 minutes 19 seconds East it distance of 19.91 feet to a found iron a~
pln; ]
Thence North 00 degrees 51 minutes 44 seconds East a distance of l2o.o feel to a foxed
Iron pie;
h Thence North 19 degrees 02 minutes 30 seconds Well a distean of 240.13 feet to a found
iron pin in on cost line of said Audra Ettes;
Thence North 00 degrees 37 minutes 30 seconds fast with said eat Sine a distinct of 111.14
feet to a found [ton pie at the southeast corner of said Lot 14, Block A.
Thinca Due of lit electric transform Be at he southwest carer of said Lot
X let the concrete 'A
1
also being In the east right-or'way of Oak Tree, a public street shown an said Andrs
Estates Plat;
•
61.OO Thence
feet to a found Iron pin at the northwest coiner coiiner of said Lot right-of-way a distance of seconds East with $aid Thence South 19 degrees 01 minutes 10 seconds East
it distance of 115,00 feet to a found
• iron pia at the northeast corner of said Lot 14; 37
ast
of Au d stance ofr13S77 feet to the Pointsof3Belitnelsg contalaing Its call 23914 aeresdof land. a
The undersigned does hereby certify that the plat hereon Is based on an actual survey made
on he ground September 1919, and that it is I true, correct, and accurate representation of
the property it$ 0a told plat; that the quantity of land therein his bees accurately calculated; and th thsaid ~r
property hit access to a public roadway unless otherwise noted.
September 23. 1919
tin ar suptmann
Teat Aalletered Public
Sutveyof Number 2233
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CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
FROM: Lloyd Y. Harrell, City Manager
SUBJECT: Approval of an automatic tax refund to Talenfeld Real
Estate & Investment
RECOMMENDATION:
The Tax Technician recommends this automatic refund to Talenfeld Real
Estate & Investment due to a court judgment in their favor.
SUMMARY:
Chapter 31.11 of the Texas Property Tax Code requires the approval of
the governing body of the taxing unit for refunds in excess of $ 500.00.
Talenfeld Real Estate & Investment is due a refund of $ 2,043.61 on City
Account # 8900-00244.
BACKGROUND:
Talenfeld Real Estate & Investment paid 1987 taxes on their account
but disputed their appraised values. They won a court judgment reducing
their appraised value and their taxes, and this resulted in their taxes
being over aid b~yy 2,043.61.
PROGRAMS, D~PARTMENCS OR GROUPS AFFECTED:
The Tax Department and the tax account of Talenfeld Real Estate &
Investment
FISCAL IMPACT:
1 $ 2,043.61
j
I E
RESP LY SUBMITTED:
IE
Ci Manager
r
' Prepared by:
I
Name Vic Schneider
Title Tax Technician
Approved:
ame Jim Bunyard
itle Treasurer
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4 1887 SUPPLEMENT
To:/~b,f-..J ~..(.lc DATE:
/yam
FROM: DENTON CENTRAL APPRAISAL DISTRIOT
P.O. BOX 2346
DENTON, TX 76202
LEGAL J
OWNER: DESCRIPTION: 11
A PC
y_ A000UNTd-2-0-6-
PREVIOUS VALUE:
CORREOTED VALUES
IMP HS IMP HS
LAND HS LAND HS j
IMP NHS . & J~ L JC~ IMP NHS
LAND NHS-lo- (~~r LAND NHS I r~..2 /n l (j
II ~ ~
AO MKT AO MKT
4
AO USE AO USE
i
J EXEMPT EXEMPT V) dj
3o TAXABLE TAXABLE 5D D D p L?
LOSS R OAiks IMP SPTB: U LAND SPTBS GL
APPROVED BY: WRITTEN BY:-
REASONS:
s
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21
} 1,'• Jill all I _
)VIC
'AIR
1 T
as $ gal .
N M
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2551L-1/3689 4 ,
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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 City ordinances; and
WHEREAS, the City Manager or a designated employee has
reviewed and recommended that the herein described bids are the
lowest responsible bids for the materials, equipment, supplies or
services as shown in the "Bid Proposals" submitted therefor, and
WHEREAS, the City Council has provided in the City Budget for
for
the appropriation f funds
apthe provedreandeaccof the
epted
materials, equipmet, supplies or services herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the numbered items in the following numbered
bide or materials, 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 itemst
BID ITEM AMOUNT
NUMBER NO. VENDOR
1046 All Key Business Systems $ 12,930.00
1047 All International Paper 3 280725.00
SECTION II. That by the acceptance and approval of the above
numbers tems of the submitted bide, the City accepts the offer
of the persons submitting the bids for such items and agrees to
purchase the materials, equipment, supplies or services in
accordance with the terms, specifications, standards quantities
and for the specified sums contained in the Bid Invitations, Bid
Proposals, and related documents.
SECTION III. That should the City and persons submitting
approve an accepted items and of the submitted bids wish to
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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
number~tem`s 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
imme at3i` elyupon its passage and approval.
PASSED AND APPROVED this day of , 1989.
1
RAY STEPHENS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
f
j BY:
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APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY:
1
PAGE TWO
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DATE: DECEMBER. 19, 1989
CITY COUNCIL REPORT
T0: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID #1046 - SECRETARIAL WORKSTATION
RECOMMENDATION: We recommend this bid be awarded to the lowest
bidder meeting specifications, Key Business Systems, in the amount
of $4,310.00 each for three (3) units, total purchase $12,930.00
SUMMARY: This bid is for the purchase of three (3) secretarial
workstations that consist of information processor, printer, hard
disc memory, and monitor. These units are similar to a PC
Computer, with heavy emphasis on word processing and graphics.
They have the ability to tie to the host mainframe as a terminal,
perform as a word processor, and do some activities associated with
PC Computers, The price offered by Neville Business Systems,
although lower in cost, fails to meet specifications for printer
graphic requirements, and for the ability to tie to a host
mainframe, or to link to other units. The unit is assembled by
Neville, using components from several manufacturers and serviced
only by Neville Business Systems.
BACKGROUND: Tabulation Sheet
PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Utility Adminiatration,
water and Sewer Feld Services, and Wastewater Treatment will be
receiving these units.
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FISCAL IMPACT: Funds for this purchase were approved during the
budget process in account # 620-081-0450-9103, 620-OB1-0461-9103,
h and 620-082-0470-9103.
Resp Eu/ll s fitted: I
Llo d Harrell
City Manager
Pr xeed by
Tama: Tom D, Shaw
Title: Assistant Purchasing Agent
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Titl Purchasing Agent
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DATE: DECEMBER 19, 1989
CITY COUNCIL REPORT
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TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID 01047 - WOOD TRANSMISSION POLES
RECOMMENDATIONS We recommend this bid be awarded to the lowest
overall bidder, International Paper, in the amount of $28,1125.00,
SUMMARY: This bid is for wooden transmission poles for Warehouse
stock, to be used by the Electric Distribution Division.
BACKGROUND: Tabulation Sheet
~ II
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTEDS Warehouse Working 1
Capital for Electric Distribution
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FISCA' IMPA"TS Budgeted Account #710-043-0582-8709
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Respe ully submitted: N
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t Llo Farrell
City Manager
it Prepared byS
LNames Denise Manning
Title: Buyer
Approved:
N *ehcn rs al l
asing Agent
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2651L-3/3689
NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE
AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City has solicited received and tabulated
competitive bids for the construction of public works or
improvements in accordance with the procedures of state law and
City ordinances; and
' WHEREAS, the City Manager or a designated employee has
received and recommended that the herein described bids are the
lowest responsible bids for the construction of the public works
or improvements described in the bid invitation, bid proposals
and plans and specifications therefore; NOW, THEREFORE,
j THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
1
! SECTION I. That the following competitive bids for the
j construction o public works or improvements, as described in the
"Bid Invitations", "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed according
to the bid number assigned hereto, are hereby accepted and
approved as being the lowest responsible bids:
BID NUMBER CONTRACTOR AMOUNT
1041 Burley and Coward Mechanical 46,375.00
1043 Boyd/Stevens 11,470.80
4
SECTION II. That the acceptance and approval of the above
compet t ve s shall not constitute a contract between the City
~_..I and the person submitting the bid for construction of such public
works or improvements herein accepted and approved, until such
person shall comply with all tequirements specified in the Notice
to Bidders including the timely execution of a written contract
and furnishing of performance and payment bonds, after notifi-
cation of the award of the bid.
SECTION 111. That the City Manager is hereby authorized to
execute a necessary written contracts for the performance of
i the construction of the public works or improvements in
accordance with the bids accepted and approved herein, provided
that such contracts are made in accordance with the Notice to
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Bidders and Bid Proposals, and documents relating thereto
specifying the terms, conditions, plans and specifications,
standards, quantities and specified sums contained therein.
SECTION IV. That upon acceptance and approval of the above
compet t~ve R-ds and the execution of contracts for the public
works and improvements as authorized herein, the City Council
hereby authorizes the expenditure of funds in the manner and in
the amount as specified in such approved bids and authorized
contracts executed pursuant thereto.
SECTION V. That this ordinance shall become effective
imme ate y upon its passage and approval.
PASSED AND APPROVED this the day of ,
1989.
RAY STEPHFNS
4 ATTEST:
j
JENNIFER WALTERSj CITY SECRETM
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APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY j
BY: ~G[ f
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F DATE: DECEMBER 19, 1989
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
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SUBJECTt BID 41041 - COMPUTER FACILITY AIR CONDITIONER
RECOMMENDATION: We recommend this bid be awarded to the lowest
bidder, Burley and Coward Mechanical, in the amount of $46,375.00.
SUMMARY: This bid is for the purchase of a new 20-ton air
conditioning unit and an electrical power controller unit designed
specifically for Data Processing Computer Room applications. These
items are required for the proper operation of the new IBM Main
Frame Computer and associated hardware approved by Council on
September 19, 1989. The existing 6.5 ton unit will be transferred
to the Municipal Building and installed in the telephone equipment
h room. The new air conditioning unit will be property of the City
and should the Data Processing Center be relocated at a future
date, the equipment could be transferred. The Data Processing
Advisory Board has reviewed this project and also recommends
approval.
The lessor price offered by Morley/Moss of Dallas did not include
the cables necessary for installation.
BACKGROUND: Tabulation Sheet, Data Processing Advisory Board
Minutes, and Letter of Agreement from Ms. Joann Cohagan, Landlord
and Mr. Bruce Hennington, Superintendent of Building Operations
I
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Data Processing
Department
FISCAL IMPACT: Funds for this purchase will come from a
combinat on of savings from the GIS funds and Telephone System
Certificates of Obligation
Respec lly gu`Z~yttted:
Lloyd Harrell
City Manager
red
!Jame: Tom D. Shaw
E Title: Assistant Purchasing Agent
;4,rove i If
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chasing Agent
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BID# 1041 I I I I 1
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BID COMPUTER FACILITY AIR CONDITIONING I BURLEY I I
COWARD, INC. CAIRD ! CBS I MORLEY
i OPEN NOVEMBER 28, 1989 I i MECHANICAL i MOSS I
ACCOUNT #
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_i VT-oT i ITEM DESCRIPTION ~ VENDOR
VENDOR i VENDOR I VENDOR
I I i ~ I '
I I ~ I
1 1 1 1 A/C & POWER CONTROLLER i 46,375,00 i 47,030,00 I 51,950,00
I I 42,353.00 I ti
DELIVERY I 35-DAYS I
35-DAYS i 45-DAYS + 40-DAYS I '
I I I I BID DOES NOT i
f I I I I I I 1NCLUDE RE-
QUIRED POWER
I I I I CABLES AND
! I INSTALLATION
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MINUTES OF r1
DATA PROCESSING ADVISORY BOARD
MEETING ON NOVEMBER 29, 1389
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MEMBERS PRESENT: Dale Maddry. Jim huykendail, Ron McDade
Charles Ridens, Cengis Capan
Others Present: Gary Collins of the city staff
Dale Maddry made a motion that the minutes of the July 11, 1989
meeting be accepted as presented. The motion was passed
unamiously.
Gary Collins explained that the new air conditioner and power
distribution unit was needed to accomodate the upgrade in computer
hardware that was associated with the new GIS system. Gary Collins
also explained that the current air conditioner and power
distribution unit would be utilized with the new telephone system
and the word processing equipment located at City Hall. Jim
Kuykendali made a motion that the Data Processing Advisory Board
recommend that the City Council accept the Burley & Coward bid
which was the low bid meeting specifications. The motion was
passed unamiously.
There be ro further business the meeting was adjorned.
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CITY CF
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H9 GEC 14 11110: 38
OFFICE OF TKE CITY ATTORNEY
MEMORANDUM
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TO: Tom Shaw, Assistant Purchasing Agent
FROM: Debra A. Drayovitch, City Attorney
j SUBJECT: Air Conditioner for Computer for Building at 325 East
McKinney Street
DATE: December 13, 1989 r
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Pursuant to your request of December 12, 1989, I am writing to
advise you that the Lease Agreement between the City and JoAnn
Cohagen for the McKinney Street property provides for the
landlord and the tenant to agree in writing how additions or
fixtures to the premises will be handled.
Last week, Bruce Hennington brought we a copy of the letter from
Mrs. Cohagen agreeing to installation of the air conditioner so
i long as certain conditions are met. Should you have any addi-
tional questions in this regard, please advise.
i i
} Debra. tc
DAD:lkh
xc: Lloyd V. Harrell, City Manager
' 35681
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DOcVeeation
CITY of DENTON, TEXAS Civic Center/ 321 E. McKinney/ Denton, TX 70201
November 160 1989
Ns. Joann Cohagen
318 east Oak
Denton, Texas 76201
Dear Joann:
i am writing this letter in order to document our last discussion concerning
the need for the City to install a new computer air conditioning system, to
insure that r have all areas of concern addressed, and to request in writing,
pet the lease agreement, your permission to install the new air conditioning
system that will remain the property of the City.
Per our discussion, the new system will need the following:
1. The unit will be placed on the ground behind the building
(southeast corner).
26 The City will install a two-sided private fence, stained per your
color specification.
4 3. The city will provide a cement slab for the ground unit large
enough to provide space for any future air conditioning expansion.
The City will place shrubs around the fence on two sides in order
to make it more aesthetically pleasing.
5. The City will remove the old air conditioning unit and repair the
roof.
6. The City's electrical staff will not core drill any walla or roof,
The wall core drilling will be completed by your designated
contractor at the City's expense,
I hope this letter is correct and covers all cancerna, If not, please contact
me.
Sincerely, I
/ruce Senington
Superintendent of Building Operations
Copy
~ Copy to Steve Brinkman
Cary Collins
Toss Shaw
Lloyd earcell
Betty McLean
f ocs052i~liot~al ~°ald ~~~.edal ~t~a~td ~'Gnn~iL 40er.,
Denton Parks and Recreation Denton, Texas 1
1
December 4, 1SS9
Firs. Joan Cohagen
319 E. Oak Street
Denton, TX 76201 JJ
To Whom It May Concern: 1
Fie: Letter dated November 16, 1989 From W. Bruce Haningtcn, Superintendent
of Building Operations, City of Denton, Texas
This letter dated November 16, 1989, is to confirm and document the need For
the City of Denton to install a new Air Conditioning system For the existing
computer facility, and as per the lease agreement, to request in writing
permission to install the new system that will remain the property of the
City of Denton.
With the installation of the new Air Conditioning system, there we several
items that need to be addressed, such as the following:
1. The condensing unit will be placed on the ground and located on the
Southwest aide of the building.
2. The City will provide a ccncrete pad for the new unit that will be
large enough for any future expansion of the Air Conditioning system.
3. The City will install a fenced enclosure around the unit that will
provide security for the units. The Fence will be constrAxted of
Flow Ceder, Construction Grade, Fencing with 41'x4" posts and three
full 211x4" rails. The Fence will be S' tell with 1"x6" pickets. The
j pickets will be Installed one in and one out and overlapped so that
the line of eight to such that the units cannot be seen, but that the
air is not restricted. The Fame enclosure will have a 4' lockable
r pate installed with the City furnishing the locking system. The faxing
will be stained as par the Owner's specifications.
4. There will be no shrubs furnished or installed in these areas.
S. The City will remove the existing old Air Conditioning unit From the
rcof and will repair the roof. The City will also raise any remaining
ccndults and install an new conduits on Redwood
any supports with pitchpens
so that the roof of the building can be maintained.
6. The City will install a two-sided screen Fence to the South and the
East of the new transformer installation so that the unit is screened
from the perking lot. This screen fence will be built to match and
stained to match the Air Conditioning unit enclosure.
1 7. The City electrical staff will not core drill any wells or roof of the
structure.
S. The wall core drilling, cottrats pad, screen fence, the unit enclosure
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fence, and the finishing of the fences will be done by the owner j
designated contractor, McCarty Constructlon Company, Inc., at the
City's expense.
I hops this letter covers all of the items of work concerned with the Instal-
lation of the new Computer Room Air Conditioning system. Please feel free
to call if there are any questions.
Sincerely, ,
We. Joan Cohagen
JC:sm
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3 DATE: DECEMBER 19, 1989
CITY COUNCIL REPORT
T0: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID 111043 - DEMOLITION & CLEARING #14
RECOMMENDATION: we recommend this bid be awarded to the low bidder
Boyd/Stevens at $11,470.80
SUMMARY: This bid was sent to the twelve to f.fteen vendors that
do this type of work, and we received five bids ranging from a low
of $11,470.80 to a high of $55,000.00. The low bidder has a
completion time of 10 days. We are getting higher bids now,
however, we are requiring that all debris be plac+d at our landfill
or some other approved site that has prior approval. Liability '
Insurance and a Contract are required with the approved Federal
Requirements.
BACKGROUNDS Tabulation Sheet, Memorandum From Barbara Ross
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: The City of Denton Block
a Grant Demolition, and the Citizens of Denton
± FISCAL IMPACT: CDBG Funds, No Additional Impact on the General
Fund
1 Respe idly sub tted:
I V'
Lioy Harrel]
City Manager
l
Prepared by:
4 me J. rs a
itl Purchasing Agent
Approved:
: J n Marshall `
r-\ le: rchasing Agent
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BID4 DEMOLITION i CLEARING 414 ' I I I
BID 1043 I I I I
SHAMROCK I BOYD/STEVENS I AUDRY L. ZEN0 I
ENTERPRISES LITTLE HELPER I SEBASTIAN
l I I I I I
f OPEN DECEMBER 5, 1989 ZENO SERVICES
I I t I i EXC.
~ ACCOUNT 4 219-052-CD26-8502 I I I I I
~ I I I ' f
4 1 QTY ITEM DESCRIPTION I VENDOR I I I I
VENDOR i VENDOR i VENDOR t VENDOR I
1 1 I 732 WILSON I I I I i
I $1,517.50 I $1,060.40 I $5,480.50 I $7,900.00 I $1,230.50
I $1,740.00 I $1,699.50 I $3,570.00 I $8,100.00 I $2,193.50 I
I $1,740.00 I $1,604.90 I $3,240.00 I $9,000.00 I $2,300.50 I
I $1,740.00 I $2,014.10 I $3,240.00 I $8,110.00 I $2,835.50 I
I I $2,425.00 I $1,787.50 I $4,275.00 I $9,260.00 ( $2,621.50 I
I I $2,425.00 I 1,1,699.50 I $3,915.00 I $8,380.00 I $2,514.50 I
I I I i $2,425.00 i $1,604,90 $2,767.80 i $8,700.00 I $1,872.50 I
TOTS' { $14,012.50 i $11,470.80 i $26,488.30 I $55,000.00 I $15,568.50
j DAYS I 30-DAYS I 30-DAYS I I I 30-DAYS
INSURANCE ENCLOSED I I YES I
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I I I I ~ ~ ~ ~
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CITY of DENTON
CORO Office
1108 West Oak
Denton, Texas 78201
1817) 5668aB0
MEPORANDUM
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TO: John Marshall, Purchasing Agent ,
FROM: Barbara Ross, Community Development Coordinator
DATE: December 10,1989
SUBJECT: Demolition Bid 014
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The Community Development Office would like to accept the bid of 4
Boyd Excavating/Stevens Trucking in the amount of 11,470.80 to
j complete the demolitions specified in bid 014. Staff has contacted
Stevens Trucking and they have assured us that all
E trash and debris from the work will be deposited in the City
I landfilc.
Please call me at ext. 8480 if you have questions or need further
in mat on. Tha ou.
t Barbara Ross
~ In The Ameanican'I~on
-
IUCommual Development Block Grant
Neile needs at homes
W the kmay,
and throaghaut the net jhborhoo& a~
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CITY of DENTON 1215 E. McKinney / Denton, Texas 76201
MEMORANDUM
DATE: December 14, 1989
TO: Lloyd V. Harrell, City Manager
FROM: John F. McGrane, Executive Director of Finance '
SUBJECT: FREEPORT EXEMPTION
I
As you are aware, the School Board has decided to allow the
Freeport exemption. In the light of this decision, I have
discussed with Mr. Joe Rogers, Chief Appraiser of the Denton
Central Appraisal District, when information will be available
on the number of companies applying for the school district
exemption Mr. Rogers has assured me that some time in mid to
late May information will be available. At that time we will be
j able to calculate the effect the exemptions will have on tax
revenues.
If the City were to decide to pass the Ordinance to tax items
j f that would be exempt under the Freeport Amendment, it still
could then rescind that decision any time prior to the setting
of tax rate during the normal budgetary process. Mr. Rogers did
confirm that his reading of Article VIII of the Texas
i
Constitution would allow the City to pursue this avenue if so
desired.
If
you have any questions regarding any of the above, please
advise.
Jo F. Mc cane
JFMcG:af
5020E
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ORDINANCE NO.
AN ORDINANCE PROVIDING FOR THE TAXATION OF PROPERTY EXEMPT UNDER
ARTICLE VIII, SECTION 1-j, TEXAS CONSTITUTION BEGINNING WITH THE
1990 TAX YEAR; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City of Denton finds that the taxation of certain
goods, wares, ores, and other tangible personal property that is
forwarded out of this state within 175 days of its acquisition or
importation into this state is in the public interest; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. All of that property described in the Texas
Constitution, Article VIII, Sec. 1-j, shall be fully taxable in
the City of Denton beginning January 1, 1990.
ES CTION_I 1. That this ordinance shall become effective
immediately upon its passage and approval.
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RAY STEPHENS, MAYOR
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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BY:
APPROVED AS TO LEGAL FORM:
+ DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY:
ord\t qimpos
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FPEEFORT 12111!93 04.24 fM
SURVEY OF OFFICIAL ACTION RE: FREE PORT EBENPTION
(UPDATED COKFAR[SON OF AREA CITIES AS OF 12.14-891
YEWS]
MY POPULATION DATE OFFICIAL ACTION AFFECTED
tetuueteeattttatuuu ImIIseta;e misteeeteaueatauttuuentttt»u;ueteiIits
DALLAS 9SI,I50 It IS 83 ;Took action to continue to tat for 1930„ 1990
;but empt free tat in 1991 and belcad, ;
FORT VORTR 450,100 NIA ;hill tale to action, thus providing ; 1994
;for etesption, ;and beyond
ARLINGTON 154,IOD 12-05.83 ;Took action to continue to tit, ; 1990
GARLAND 1S1 ,65D 12.43-89 ;Teak action to roatinue to tat. t990
IRPING 161,850 12.14-89 ;Taking action to coot inue to tot. ; 1990
1930
PLANP 126,550 12-1189 ;Toot action to continue to to ,
;and beyond
GRAND PRAI4II 100,250 ; 12 1Z 29 ',Took action to continue to tat. L990
i
RICRARDSON 75,750 ; 11.11.19 Nook action to continue to tat. 1990
CARROLLTON 18,000 II•II.II (Ttking action to continue to Its, 1990
LE4ISYILLE 15,650 ; 11-04.89 ;Task action to continue to tat. ; 1990
` ;and belosd
KCIINNEY 20,150 ; 11.19.83 ;Taking action to continue to tot. ; 1990
gABASACRIE 18,000 ; !1 18 84 ;Ttking action to continue to tat, 1990
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CARROLLTON
City Manager
DATE: December 12, 1989
TO: Metroplex Mayors Association
-1 FROM: Mike Eastland, Carrollton City Manager
I '
RE: S!R 11, PROPOSTION 5 • FREEPORT AMENDMENT
I
At the November 14, 1989 meeting of the Metroplex Mayors Association, President
Harvard appointed a committee to analyze the potential affects that the Freeport
j Amendment could have on the Association's member cities. The committee was composed
of City Managers and chaired by Mike Eastland.
The Committee met on December 5, 1989, and in attendance were representatives
from thirteen cities plus staff of the Central Appraisal Districts of Collin, Dallas and
Denton Counties. An overview of this Constitutional Amendment was given by Foy
Mitchell, Chief Appraiser of the Dallas Central Appraisal District. Mr. Mitchell also
provided copses of papers prepared by two law firms that represent many cities on
taxation matters. 1 am attaching a copy of each paper along with a newspaper item
dealing with tax abatements. I will not attempt to elaborate on the contents of this
material, but I strongly suggest that it be read as it provides more detailed information
about the amendment and cites possible ramifications from granting this exemption.
L .
The most disconcerting aspect of the December 5th meeting was that none of the
representatives of the Appraisal Districts could provide an answer regarding the real or
actual impact from a dollar standpoint that could be expected by individual cities that
offer this exemption. The inability to answer this central question does not in any way
reflect badly on the Districts, but rather, emphasizes that there are no empirical data
available to assist in determining the impact of this exemption. The reason being that
prior to passage of Proposition 5, there was no need to obtain separate appraisals on the
invcntory covered by this amendment.
.
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1945 laxkso-4 Road P.O. Box 110135 Carrollton, Texas 71,011-05 35 214'466.3001 Fax: 2131466-3535
Therefore, a city voting to give this exemption does so without knowledge of the
actual monetary value it represents. To date, Appraisal Districts have provided their
member cities with estimates of market value associated with personal property which may
be eligible for the exemption. These numbers likely are a worst case estimate.
As a result of our analysis and because of the lack of reliable data, the committee
recommends that the polity body of each city take the necessary action to preserve the
ability to tax the personal property covered under Proposition S for at least the 1990 and
1991 tax years.
During this period of time, an effort or efforts should be undertaken to better
quantify and qualify the costs and benefits associated with the freeport exemption. The
Appraisal Districts and the taxing entities should immediately begin the process of better
refining the dollar impact that will be experienced by the individual tax unit. It might also
be wise to commission a study to conduct research of the benefits and/or liabilities which
entities in other states have experienced from the freeport exemption. Also, by delaying
action, we will be the beneficiaries of information out of Fort Worth and Tarrant County
as they have decided to grant the exemption for 1990.
A vote must be made in ordinance form to retain the power to tax the applicable
k inventory before January 1, 1990, for 1990 tax year. 11 is advisable to include succeeding
f tax years in the ordinance even if there is thought of granting the exemption in the future.
A decision to rescind the taxation authority may be made at any time, but it becomes final
under this Constitutional Amendment.
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Prior to the date of this meeting, a large majority of the Association's member cities
I have already opted to retain the tax. With this in mind, the most pertinent issue to decide
is whether further study and analysis of the costs and benefits of granting this exemption
is something that the Association wants to undertake.
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TSS FjtnPOQT HIEN NON
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P" O. Smith
SALLiNOEB, KiCilOLS, JACKSON,
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Soo North Adrd
(214) *4-3=3
No"AbW 499 190
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~c. r?;rt :.VLl6ic?-:1[,:HOt3 P:9e.0~]3
THE FREEPORT EXEMPTION
GENERAL
On November 7, 1988, the voters of Texas passed Proposition No. 5 (S.J.R. 11)
which amends Article VIII, Section 1 of the Texas Constitution, authorizing a local
exemption of Freeport Goods. With the passage of the Freeport Exemption, Texas joins
- numerous other states in providing an exemption for goods in transit. Certain types
? of taxing units may continue to tax Freeport Property, but they must act quickly. As
a result of the Constitutional Amendment, House Sill No. 2959 implements S.J,R. 11,
repeals Section 11.01(d) of the Property Tax Code and adds a new Section 11.2$1 setting
forth the Freeport Exemption. The Bill also amends Section 26.012 of the Property
Tax Code, to provide that a Freeport Exemption will not be considered a new exemption
in the effective an,3 roll-back rate calculations. Section 11.86 of the Education Code
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is also amended to provide that the Freeport Value exempt by a school district will not
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be reported by the State Property Tax Board as part of the district's taxable value.
The purpose of the Freeport Exem;,~tlon is to exempt certain personal property
that is in Texas for 175 days or less. Goods, wares, merchandise, ores, and other
tangible personal property are covered by the exemption, but oil, natural gas, and other
petroleuta products remain taxable. Aircraft and aircraft py0, which are used to
repair or maintain aircraft of certified air carriers are also exempt. To be exempt,
the property must be:
1. Acquired in Texas to be forwarded out of the state or imported
into Texas to be forwarded out of the state, whether or not the
intention to transport the property outside the state is formed or
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the destination to which the property is transported is specified
when the property is acquired or the transportation into the state
begins;
2. Detained in the state for assembly, storing, manufacturing,
processing, or fabricating purposes by the person who acquired or
imported it, or is used by the person who acquired or imported
the property in the repair or maintenance of aircraft operated by
I certified air carrier;
3. Transported out of the state within 175 days after the date the
person who acquired or imported it in Texas; and
4. Under the continuous ownership of the person who transport the
property out of the state from the time the property Is acquired M
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by that person for transportation out of tho state.
v.-kit should be aware of the followin
Every taxing g
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1. The Freeport Zxemption is a total exemption;
2. Governs personal property exported to another state or a foreign
country;
I 3. Governs inventory, provided a portion of the Inventory is exported
i from Texas within 175 days attar they are Imported or acquired.
A property owner engaged in the assembly, storing, manufacturing,
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processing, or fabrication of inventory will also benefit, provided
a portion of the inventory is exported within 175 days;
S. An Inventory is valued as a single unit, and thus, a portion of any
inventory exported within 175 days of the day they are imported
or acquired will be exempt. This will oe true even though the
property owner maintains that level and the dollar amount of
inventory throughout the tax year;
6. Freeport Exemption applies to any tangible personal property
excluding oil and natural gas products, however, liquid and gaseous
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materials that are the immediate derivatives of the refining of oil
and natural gas are exempt. Plastics, ehemicals, polymers, etc.,
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may be exempt; and
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7. The exemption is limited to personal property under the continuous
ownership of the person who transports the property out of the state
from the time the property is acquired by that person for
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transportation out of the state. Personal property sold to another
party to Texas who exports it is not exempt.
f DETERMII;< O THE HE85lP'P X
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E ! The Freeport Exemption is a partial-percentage exemption. The Chief Appraiser
f applies a percentage sg&Lnst the current value of the property owner's Inventory to
determine the amount of the exemption.
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M First, the Chief Appraiser looks to the property owner's inventory for the
F preceding year. The Chief Appraiser must determine what portion of the property
owner's inventory met the test for Freeport Goods. Dividing the value of the Freeport
Goods by the Total Inventory Value gives the percentage for the current tax year.
in computing the value of Freeport Goods, the Chief Appraiser excludes the costs
of certain machinery, equipment, and components. These are items that became
component parts or were used in processing ereeport Goods, but that they were
themselves in Texas for more than 176 days.
It the property owner was not transporting goods out of the state for 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 property owner or the Chief Appraiser show that the previous years
t Goods in the current year,
distorts the value of the Freepor
percentage significantly
rty owner's records and other available
the Chief Appraiser will, based on the prope
estimate the probable value of items in the owner's current inventory that
~ information,
of acquisition or importation. The Chief Appraiser
would be shipped out withta 176 days I
may require the property owner to provide copies of records to substantiate the owner's
t•on. If the owner does not provide them within 30 days of the date
right to the esemp 1
of his request, the owner forfeits the right to the exemption for the tax year.
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RIGHT TO 'PAX 1
The Constitutional Amendment does permit certain types of taxing units to
continue taxing Freeport Property. A county, city, or town, school district or junior
college district may tax Freeport Property. Special districts other then junior college
districts may not tax Freeport Property. The taxing unit, however, must either tax all
Freeport Goods, or allow all of them to be exempt. The taxing unit cannot exempt
certain types of Freeport Goods or certain property owners. If the couty, city, school
district, or jtmior college district desires to tax Freeport Property, it must take official
action do so before January 1, 1990, to begin taxing the property In tax year 1990. If
the taxing wit does not act by January 1, 1990, but does act before April 1, 1990,
the property is exempt for tax year 1990 but becomes taxable In 1991. If a taxing
unit does not act before April 1, 1990, it Is forever barred from taxing the propert . ,
If the taxing wit does take action to ter, the property, It can later decide to exempt.
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it; however, once the taxing unit takes action to exempt Freeport Property, It Is barred
permanently from ever tarring the property again.
DSCOMN TO TAX FREEPORT GOODS
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A decision by a taxing unit to continue taxing Freeport Property should consider
the following factors:
1. Immediate loss of tax base and revenue;
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2. Increased tax rate to offset loss in tax base;
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k 3. Reduction in governm ent'd services to offset toss in tax revenue;
4. Action to continue to tax the property will preserve the taxing
unit's option for the future;
S. The uncertainty of the value of Freeport Goods presently located
in the taxing unit;
8. The uncertainty of the future location of Freeport Goods in the
taxing unit; and
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7. Alternative use of tax abatement W.eements to preserve and
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promote t'te economic vitality of the community.
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The 58th Legislature of the State of Texas in 1953 enacted Souse Bill No. 760,
later known as Article 1159(f) (Vernon's Revised Civil Statutes of the State of this Testate
That act provided in rsbstance that all property consigned to a consign
from outside this state to be forwarded to a point outside the state, while in in 9ma not
commerce and not detained in the state for a perlod of more than 11 days
' be subject to taxation. The act provided that goods, wares, ores, and merchandise
originating outside this state, whether consigned to or owned by a taxpayer, are deemed
to be located in this state for only a temporary period, and do not acquire taxable
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status In Texas, and are not subjeot to taxation in this state if not detained more than
nine (9) months and if held for assembly, storage, manufacturing, processing or fabricating
purposes. The emergency clause of that Legislative Act stated the legislature had as
its purpose in enacting
that
leg{slatf to create
en,
industrial expansion, increase
employment, beneficial uses, and accelerate commerce generally,
Attorney General Opinions H-479 and H-1308 dealt with Article 7150(f) which
was the predecessor statute to Section 11.01(d) of the Property Tax Code repealed by r
House Bill 2959 with the addition of Section 11.251 of the Pr
i opes'ty Tax Code. Opinion
H-479 involved it statutory construction of Article 7150(f) and did not question the
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constitutionality of that statute. Attorney General Opinion H-1308, however, found
that the provisions of Article 7150(f) which deemed property to be an interstate commerce
and whlcIL prohibited taxation of goods physically present in the state for sufficient
time to acquire tax status at common law violated Article VIII Section ,
1 and 11 of
the Texas Cons.ttutlon. Attorney General Opinion
H-1308 bald that Article 7150(1)
would probably be held to be unconstitutional in that it attempts to exempt property
from taxation
by deeming it to be an interstate commerce ~or to have a tax status
outside of Texas where tact and law do not support these conclusions.
The 68th Legislature responded to Attorney General Opinion 3_1308 by including
Section 11.01(d) of the Property Tax Code as a component of the newly enacted Property
Tax Code. In adopting Section 1141(d), the Legislature sought to preserve the Freeport
Law, while at the same time remedying the constitutional deficiencies cited In the
Attorney General Opinion H-1308. Apparently, the Legislature concluded that the
problem was best addressed through the creat'nn of a rebuttable
presumption which was
found In Section 11.01(d). Unlike Article 7150(f), Section 11.01(d) did not attempt to
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deem or conclusively presume that certain property was in Texas for only a temporary,
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period. instead, it created a rebuttable presumption that the property is presumed to
be an interstate commerce or to be in state only temporarily. That presumption could
be rebutted by facts tending to show that the property is in the state with sufficient
permanency to subject it to taxation.
The Legislature attempted to conform Section 11.01(d) to the constitutional
r requirements deserlbed In Attorney General Opinion H-1308. The provisions of the
previous law, which deemed the property to be an interstate commerce and which
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prohibit the taxation of goods which might have acquired an actual tax sites in the
~ state, were eitm[nated. In place of these Impermissible legal declarations, the Legislature
substituted the rebuttal presumption which allowed for the flexibility and the individual
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determinations Opinion H-1308 found impossible under the previous statute. In theory,
the presumption created by Section 11.01(d) authorized an administratively convenient
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i method for treating merry situations which might otherwise involve the process of sorting
out complex, legal and factual considerations applteable to property coming pitbin the
t specified requirements of that section. Section 11.01(4) did not deprive the appraiser
of the sight to rebut the presumption, upon a proper showing that the property Is net
In interstate commerce or Is in within the taxing jurisdiction longer than a temporary
period. I
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The constitutionality of Section 11,01(6) and whether it created a rebuttable or
irrebuttable presumption came to a head In the case of L. D. Brinkman V. Dcas Countp
Appraisal District, 701 S.W.2d (20 - Tax. Civ, App. - Dallas 1485, writ ref 1d n.r,e), in
that case Brinkman and Carnation Company stored goods In Dallas which were shipped
into the state and held there for distribution. Some of the souls were shipped out of i
state, and some were shipped to other locations in Terns. The taxpayers claimed that
the goods being shipped out of Texas to other states were exempt from taxation by
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virtue of Section 11.01(d), At tri31, it was stipulated that certain percentages of
Inventory were shipped out of state within 175 days of its arrival in Texas. On appeal,
the Court of Appeals held that regardless of whether the taxpayers' property q~salified
for the statutory presumption of Section 11.01(4), the evidence conclusively show the
property was in Texas for longer than a temporary period. The Court cited the Texas
Constitution, Article VIII, Section 1, whim provides that all real property and tangible
personal property In the state shall be taxed in proportion to its value. Under the
Texas Constitution, all real and tangible personal property In this state Is subject to
f k taxation, unless it comes under an exemption authorized by the Texas Constitution.
The Court stated that unless Federal principles of taxation governing goods In transit
operated to exempt the taxpayers' property, then the Texas Constitution required that
the entire inventory be taxed. The Court further held that If Section 11.01(4) x sre
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and federal Law was not subject to taxation, Legislature would be Indulging in an
unconstitutional attempt to gr.tnt an exemption from WAtion.
In daoidL.g whether the taxpayers' goods were in Texas only temporarily, and
thus not subject to taxation, the Court looked to Taws Constitutional end Federal
Principles which are the foundation of the Section 11.01(d). The Court concluded that
goods are located In the state for longer than a temporary period If under Federal
Law, they are In the state on more than a transitory basis. Goods are on a transitory
basis If they are an Intentate transit. Goods are not an interstate transit if there Is
an Interruption In the continuity of transit. if the owner halts the transit, not In
j necessary delay or accommodation to the means of transportation but for siness
purposes and profits of the company, then there Is an Interruption in the continuity of
transit and the goods are taxable In Taxes.
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"rE; 5 ''33 10.01 FPQ11 3ALL IN-3EP ,I I ICH;IL3 P4dE.013
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Even a taxpayer who brings goods from out of the state to a central depot
separating goods presold to buyers in other states from goods which may be sold in state
or out of state, the taxpayer has nevertheless detained all the goods, even presold to
out-of-state buyers, for his own business purposes and Qrotits and not In necessary delay
or accommodation to the means of transportation.
In responding to the constitutional infirmities found by the Dallas Court of Appeals
I In the L.D. Brinkman case, a Constitutional Amendment (S.J.A. 12) was presented to
the voters on November 3, 1987, to amend Article YIII, Section 1 of the Texas
j Constitution, adding a Local Option Exemption of non-business, personal property and
Local Option Partial-Exemption (100% or less of the property's market value) of business
inventory located in Texas for less than 175 days. That proposed Constitutional
Amendment, which did not pass, closely followed Section 11.01(d) of the Tax Code, and
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again, permitted certain taxing units to continue to tax the property if official aotf,n
was taken before April 1, 1988. If the action was taken before January 1, 1988, the
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taxing unit was permitted to tax the inventory beginning the tax year 1988. If action
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was taken after January' 1, 1938, but before April 1, 1988, the taxing ttnlt would be
permitted to tax the property only in future years. If the taxing unit did not act to
tax the property r-fore April 14 1988, the property was forever exempt.
Since W.R. 19 did not pass and litigants continued to be unsuccessful In
establishing a Freeport Exemption through the courts, S.J.A. 11, was presented to the
- 1 voters on November 7, 1989, which passed, giving rise to Section 11.251 of the Property
Tax Code.
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MCCRFARY
VFSFLKA
BECK &
ALLEN November 20, 1939
M$ BA Buffet M'
THE FREEPORT EXEMPTION
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Introduction
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Any proposed amendment to the Texas Constitution must be approved by the voters in an election. Unfortunately, however,
there Is no requirement that a proposed amendment be printed m fullon the ballot, or that It even be described accurately on
the ballot. The power of state officials to place misleading descriptions on ballots was well illustrated by last week's election.
Proposition 1 was a substantial pay raise for legislators falsely described as a limitation on their pay. Proposition S IIJ a
proposal to amend the "equal and uniform" taxation provision of the Texas Constitution in order to make tax ation less equal
W3 es Worm, was ane"ffor y t e 3 ature to ershift the to urden rom business to ordinary homeownertand
to erode the tax base oiour aieadz troubled school stricu, cities and other local govemmeWL Proposition 3, bowever,
appear on the ballot as a o aai to umofe conomk growth, reation and fair tax treatment for Texans...." Sig.
nificantly, it was supponed in advertisements bybusiness interests alreadyin Texas ;!;-a:r-e2UY-EA-vFJ01's, and wfio are Sen•
erally not interested in attractingcompetition.
The votets were sufficiently well informed to sei through Proposition I and they rejected It overwhelmingly. Unfortunsicly,
they were not so well informed about Proposition S. That proposition was approved by a majority of those few people who
honed out to vote. NowTexaa!+A~ she most liberal "freenort exempton" of any state k the countrvlinithe equal and uniform
taxation rp avislon of the ConsNtutioa means far less than it meant baton Local goverarnents throughout the state will rind
tt e;r ta_x baases-eroded. Au informal survey by the State Property Tax Hoard suggests that in just tea Texas counties the loss
in taxable value will exceed five billion dollars. May taxing units, large and small, will be faced with the difficuh decision
whether to cut back further on the vital services they provide or to raise the taxes paid by ordinary homeowners. This is an
ironic result coming from it proposal that -.vas touted as making Texas more desirable,
if there is & silver lining to the new Constitutional amendment, it is tbat any county, school district, municipality or junior
college district may decide to opt out of the exemption and continue taxing the properly that would otherwise be exempted.
A decision to continue taxing this property, however, must be made affirmatively by the taxing unit's governing body and
it must be mode in the v trynetts future. A failure to act quickly will mean that a taxing unit loses the right to tax this propt.rty
forever, A decision to exempt the property, however, can be made at any time. Consequently, many taxing units will want
to take immediate activa to opt out of the exemption witb the knowledge that they can tb:n take their time, study the Issue
and accept the exemption al a later time if they deem It wise to do so. It is the purpose of this Bulletin to acquaint our clients
with the new freeport exemption and to inform them of the procedures necessary to opt out of the exemption.
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THE FREEPORT (1) The fretpon exemption is a total ing unit and not subject to the freepon
EXEMPTION AND exemption. Property exported from exemption. to the Legislature, how.
HOW IT WOM Tex asaflerbeing here, say, five monlbs ever, the power of logic Is virtually
would be totally exempt. It would not non-existentcompared to the power of
be taxable on seven-twelfths of its value lobbying. For freeport exemptiayw-
Very generally, it is the purpose of the or be subject to taxation on some other poses the Le islatimhas dlrnted that
freeport exemption to exempt certain proportional or partial basis, inlnvento will be treated not as 04e
personal property that Is in Texas for tTii-ng, ut as ma bogs, The portion
173 days or less. In many respects, (2 The Freeport exemption is caxemed `o an Inventory exported within the
however, it is abroaderexemptionthan with personal property exported from required time period will be exempt.
this generalizaitionwould suggest. The Texas. It does not matter whether that The appraisal district Is to determine
exemption applies to all types of tan- property is exported to anodierstate or the exemp parr ono an Invent2!Xin a
Bible personal property and ores other to a foreign country. The fee ~astrc""Tyeuby rj~pr9p~niono[that
than oil, natural gas and some other exemption, however, Is not concerned inventory that was exporte in ft
im~ Petroleum products. Sreled[nits slatu• w th ro sty sent from one place to v ousy"T car.`-
I~ Cory language, the Freeport exemption &other-within TLx".
' would exempt such property that is: For example, on January 1, 1990 the
rr~ (3)Thefrteportexemplionwillhaveits Acme Widget Company's distribution
f (A)transporfedfromoufsldethfssfafe greatest Impact on inventories of per- center In Dallas has a $10,000,000
into this start or acquiredbythtprcp• sonal property. Any property owner Inventory of widgets. The appraisal
erty owatr In this state to be trans- wbosturesanimvenlaryinawarehouse district deterilnes that during 1989,
ported oulsfde this start, whether or or distribudoo center would benefit sixty percent (60%) of the widgets In
nolfhelnrtnfionfotransportrhtprop from the exemption provided that some the distiibulioncenter wereexportedto I
trtyoutside fhis slate lsJormedor the of the goods in his Inventory are other states within 175 days of their 1
M destination to which the ps•operty is exported from Texas within 175 days arrival in Texas. Consequently, In 1990,
transporitd fs sptc(11rd whcn1he prop- of the day they are imported or so- alxty percent (60%) of Acme's imen-
etyis atqulrtdorthe transportation quired, It makes no difference whether tory of widgets or $6,000,000 worth of
fefothis state bej(ns; the property owner had any plans to widgets will be exempt. The taxing
(B) dw(ned In IMs state for auras. export the goods at the time they were units in which the distribution center is
bunt,dodnl,maayfcrfurlntrepatr, imported or acquired. Similarly, the totaled will be able to ttx only
malnrtnoncr,proctsrfnt,or/abrkar• freeponexemptioowill benefit any prop- $4,000.000 worth of the widgets. 'ibis
Ins purpases or Is usedby Iheptrson rely owner who manufachirss,processes, will be a even thou Acm
who eclalred or Imported (he prop- fabricates.etc.aninventory ofgoodsIn lams as iavcntott~Qf 510000000 in
erty (n th a rtpalr or malnlenanet of Teat provided that sume of time goods Dallas throupbout the year. The use of
alrcrio operated by a tenVIed air are exported within the proper time information from the preceding lax year
tarrbr; period. Comequetitty, any taxing u»lt to determine the exempt portion of an
whichbaswithin its boundariwawsre• inventory, however,caaberejected ifIt
(C) aoflacatedorrefafatdfn Mislate house, distribution center, factory, or leads to a significantly incorrect result
lot longer than f yd days, acrd other Industrial plant, may fad care effects la a particular year.
(a) under the tontinaotu ownership of die freeport exemption.
oJtMt puson who transports the prop. 1a the c ate of an inventory, the [reopen
erfyoursoAotefromrhetime a freeport exemption will actually exemption may be very difficult to
property iratQwtredbyiharpersuAfar allowthe ownerofan Inventory tohsve administer. In many cases Involving
tronsporradon out of this dory." his cake and eat It too. Under §23.12 timi aishable Items, the property owma
Tex,Prop.Tax Code, an inventory of willaoikeeparecordofwhenaparlku•
i Tex,Prop.Tax Code 1111.251(a). Such goods is valued as a single Shing. An fu item became a part of his inventory
prop-.rty Is referred to as "freeport appraisal district is to deletm!ne what or whets 11 was exported. Consequently,
goods." Every lazing unit should be price the inventory would bring is a it will be very difficult to determine
aware of the following matters coo- bulk sale. Logically, this should mean exactly what proportion of Acme's wid-
cerdng the freeport exemption. that an Inventory should be treated as gets stayed in Texas for 175 days or
one thing, present year round in a tax- less. Such umxenalaty may lead to
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disputes between property owners and time in a particular year, it may tend to freepon goods. The taxing unit, how•
appraisal districts andcreatecosdy delays lower a taxing units' effective tax rate cver_ must either_nal IoSE~il.l_1 ~r~eoort
intheappraisal andlaaationofinveclo- and roll-back tax rate, In This case, goods or allow -them In be
rtes, however, the Legislatwe has specifi• cxero . If cannot allow the exemp•
tally provided that property subJecl to don for some freeport goods or for
(q) mt~l;JiM. the freepon exemption is not "lost some property owners but not others,
ited to inventories, Il ado any property" and it should not tend to
taagibl~e Personal property other than result in a decrease in the effective tax In order to tax freeport goods, the tax.
oil natural Ras an snms:_petroleam rate or the roll-back tax rate. 'Me ing unit's govereing body must take
eructs. Petroleum products excluded implementationofthefreeportexemp- affumadveOfficial gcrioa, Generally,
from the exemption include only those lion might even tend to increase a this means that ifatrunkiApL wishes
"liquid and gaseous materials that are taxing ualis effective tax rate and roll. to continue _ taxing keeport RooMs. {ts
the immediate derivadves of the term. back tax rate. grneming¢gdy r~t►slpass gn orduuu>te.
-1 Ing of oil or natural gas." Other prid- T!he county, school district or junior
ucu ultimately made from petroleum, (7)Aproperty ownerclairningthefree- college district wishes to continue tax.
such as plastics, would be exempt. port exemption must file an application Ingfreeporlgoods. Itsgoverning body
Further, the statue enacting theexemp- form with the appraisal district In each must pass a resolution, The ordinance
dots sped lcally includes ktrcraft owned tax year. Further, the chief appraiser or resolution shorjd state that the rax•
by a certified air canier and property canrequueapropertyoanertopnrduce log unit willnotrecognize the frcepon
used for the repair or maintenance of his Inventcry records in order to exemptions stated In Article Vill, 41•j
such an aircraft if such property meets substantiate his claim to IM exemp- of the Texas Consdtudoo and 111.251
tike stated criteria. tion. of the Texas Property Tax Code or any
successors to those provisions. The
(S) In order to be exempt,an Item must (g) In conOuctinS its annual property ordincnce or resolution should state
be exported by the pcrsonorentity that value studies, the Slate Property Tax tbatthe taxing unit will continue taxing
would be responsible for any taxes on Bo rd will not include the value of personal pro" witYbout regard to those
the property. U it is sold to another exempt freeport goods In determining provisions, No rum I ly, the ordinance or
party In Texas and that other party the taxable value of property in a school resolution should be passed in strict
exports il, the exemption does not apply, district or appraisal district. comptiame with the Open Meetllgs
For example, suppose a refrigerator is Act. The taxing unit should alsg
_ow
manufacturedbytheIceberg Refrigers• (9) The Freeport exeroptioo try ntre to notify its appraisal districr in
tot Company in Decemberat aplant to effecde In the 1990 tax Year tsale3s1 wFil-No within do s afte e
Midland. 11 is pan of Iceberg's M.'d- iax'1ng uafl opts out of the eAcrup on passage o Its ordinance or resolalon.
land inventory on January Isl. On A t:xl~ unit can, by affirmative
February Ist. it is sold to the Topple. action, make the ft"POrl exemption Time is of the essence. If a taxing unit
son's Department Store chala and a ecdve rett(Pactively or 1989. _ wishes to continue wdngfreeport goods
delivered loToppleson'swarehouseir. In the 1990 lax yew, Its governing body
Waco. On February, 15th, Topple son's must act to pass an ordioame or resotu-
delivers the refrigerator to Its store in don before January 1, 1990. If no
Oklahoma City. Because the Iceberg TAUNO UNITIS RIGHT action is taken before that date, the
Refrigerator Company did notowmthe TO OPT OUT OF property will be exempt for the 1990
refrigerator ccmliauaily until It was FREEPORT EXEMPTION tut year. If the taxingunlt's ov r
1 j exported, the refrigerator is not body acu after JanuarYj, I940..but
e>.ratpt. If Iceberg had itself shipped before A ril 1, 1990 eeeoR roods
the refrigerator to Oklahoma City and Newly created ¢I-) of Article VUI of l _ exem 1~fgLdse 1990 li&yw,
j there sold it to Topplesons, the refrig• the Texas Cowdtudon provides that a 'Ft will be taxe I a ai to 1991 iced
I erector would be exempt. tarot,, a common or Independent school Et ee ' if~k toxins unit's ovem-
district, a junior college district, or a Intl body takesoo~ tioo& oreA I1,
(b) Ordinarily, when a large mass of municipality may opt out of the free. )990, the unit loses forever a right to
property becomes exempt for the first port exemption and continue taxing tax heeyort gouda. At any time, a
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laxIngunit thathasopted totaxfree port that the freeponexempt!onwo!.!!dlvve
goods may reconsider and decide to on the unit. U a taxing unit opts out
adopt the exemption, but having done now, and it later appears shat the fr,m-
so, It may never again recoasider and pon exemption may be necessary to
decide to tax Freeport goods. In other preserve and promote the econom,c
words,adocisiontotaxfreeport goods vitality of the community, the laxinti
Is reversible; a decision to exempt those uniteanalways accept theexempdonat
goods is not. that time.
OPTING OUT OF THE
FREEPORT EXEMPTION AS CONCLUSION
A MEANS TO PRESERVE ;
1 OPTIONS FOR THE FUTURE
In conclusion, your taxing unit should
be aware that the Freeport exemptoa
There are maiy reasons why a taxing has been enacted by theiegislatureand
unit might wish Io opt out of the free- approvedby thevoters. The exemption
port exemption at least for the time will be in effect for 1990 and all future
being. For example, a wdng unit might yam unless the taxing unit's govern-
decide that it could not afford the loss of Lag body takes prompt offlci, l actioa to
revenue that would result from the opt out of the exemption. If this firm
exemption. Similarly, it might decide canbe of any further assistance to your
that lta eiduas would not tolerate the UY108 tmitincOnnectim with this matter,
increased tax rate that would be neces• whether by answering your questions,
wary to compensate for the revenues providing copies of the relevant legis-
110"'1 to the freeporl exemption. Intion, or by other means, please do not
hesitate to let us know. We will be
Under the present circumstances, how- happy to assist you in any manner
ever, the most common nee possible.
Wing out may a uncertalaty aka
e Is 10 reserve oOons for The Article written by Roy G Armstrong
future. most cases, aeTt-fie-ra~ta-xl~n
unit tsor Its appraisal district will k Y
vet tTof7reeport goo Is MLpdy 19
r,uu~fun t may not know whether
it even contains any freeport goods.
Further, a taxing unit Is also wahkely to
have any reliable projecdow of the ,
value of frerport goods that may be
located there in the future. Without
such Information, the most pn4tat
course of action Is for a taxing unit to
opt out of the freeport exemption at
least for the time being. Opting out
` now will preserve a laxlrtg unit's
f %dons for The future and allow it to
assess the present wad future impact
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1 Awn Amarlan.
S 1 Aamari 4on41W, Novemper ell0
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Tax abatement fever is getting out of hand
IV dh+nard L. Wanaaa 4" kuafd 1. or/u aChle+d If school dutnee fdttse Mont propose both to .mPrnvr
!erGe le Ire ew,e,y ".sole man, 16, t611t tat MAI In the fate of their ulJl
limi4d o4ly end minim W thlu IM•
4 4 W,01"co, Ihnn►1n1 pace on t 0 ya bee
L,rsl n e
hero ,
F iu tt'A tcent n in %"he 14th propnp" Use ud d«linirl red- Au onlro lolo, uylb.L,.nu
repb In S eMtml nth heel lkd ehould~ offered and
%PuP economic about tae tft ts b Consuhaat "pons an the pur• i"diot" Y ts "tips"' cliri .
+put lM (O t* elopmmt pored b"Ald of new industrial and tlloYlbt attn opmianinufactethhl
Nupy for new pM 04p Sugar, nvulmm4 tarn (Wit identify Nee tgvona! of sallow mukelA,
frur of blue or no economic long! ll economic bereflu the in MorMvhr, Oven the RNbloo ad.
"rewth, nun. tenure and shoo! nee of the eat of to +Aduq, nru of many' the
g•Inrte In e0mmunlUel large Ind 9 menu But ran rr rut for tho mania thulahive t~tulm m
.11411 w ufrmnd - ur Are Mmd wnnusin Clo9 lone uem ts Improve out schogi Rte. u Nven.yfae Idr and be 119.
prouurrd toaRer - hnarmow w rw"ormoro, thoN cut benefit led to do Nicest of red II
mdunmmu N pw~nw prapatu mJliOa W (I00 mllli07. hs adlM cleat (stet 1111 LIPS 1111411- Lmpru"rmhnuTInh11r, CDMOI
I` In Iddltian, the hroaomle ina• A eanhid"able brouhaha drill. R00d thsl tEo 60.1 Indw4W pros. Use should tyd
I tvnty prev4fnl in meet pans of I pn Sit $ra w the Nme at meet thllf si hbaW
Tra/ his swoure 1 "Pod Ohio" Nonbvat lodepon• rmur W tnatmoat in pofkla sad nfnio Ron
number of eatanl! and in4mi dent School Dinner balky n p"deceasoe. AS
14 No ~I rohWp/c to to mi to ha alt xle won
uund tom tolnl alanp with the stqu menu The a nhMh of she lath p tlu up.
panic to domand 1.541 offered by tht tit) and eternity put 95 wed tpiraf of pvunys.
move favorlp4 Iota] Lay 11111t- Amenren lhrutend to Ws S Yarn, A paned thAt eYluntuedcon. tl t IK,i1 f~
memo the0uldpro Duo farmed Oa11, Indnmwal r the hrbopl die liderable werreplonal wipetioa h~fl{tGb
Ins new mt nomonu in the ewe enct ued m, n s run of IYO mJ• of Industry. 9emonetra4s eoncly. I m.rlt w,,,,, m
imtr fetal his no euryurm in. sun in fonauno t"r"ue Sivdr NSt IU4 AAd laal eau are a
name uA,And dcnn'l ofge rhbawe eumothln un the order of 1/741 Herber ufactor rw,rauwpcMion,
UP Au u' u ~
(1611A an its lrlnrhw 11 Kra,
IWUment potltml have he< m gas, AIDIIJIOM in iNcsWre Imp" eMenti Ike" ve~fu moon u~or fora canteens omen r
the domrin of legal parornmue. ros pcftaat In the Ia• newuua 0 eft,
oubleCS to Wmr lertord luuprlG• po the /crass plulw duhtrul loutkn ealeWot mm VC t oleo
Ilnn. IPrkr to l7{', fMumenu ryry new buudm 1 bow (Muggy In addi atroded W Prohibit eeho~ol dy
ran it Poit Comfort I aye the luu laon' b lied of Shu de• trice from offenn
pwhibi4d by the eau rtit b pkhna up part of Ne eh, (dear tiultdoUu ato tompa~y doaoi A Vale kbill
CandUtw,rpA.d Ihi lwn's (hue of Na eau - ney ,n local r n
nl s r rl f w
gut heron list 1 ma>ue probbm, About 1790 m 111 - will M borne p Y taco n e / an o hid. i6AN
lM hKd m bait. COnaaunl On by Calhoun County and the Yxaf All additional 7e cants to LAtfa u an
mini" of tell propenY, his porn x hoot d+"ncl OAirh nail b,th
Sam,jouwoftc„Idtumenth of. r w to an Most ter
,hnnlm/ C om relufbf IN put Suffered runAid Pit It trod l,A u{ M 1'UL W ebA4mfA4 Wm to , to t
It ere >e.n iWush the economy thee rid r ' a
ha nlAdt S model rebnwnd in N. eAnl p lo9afly pax IF rK1A1 hHe brrOM1 the tln4rplgl of "A .ne4A a1 1
"fnt monthr, gelid new rnndtfue• SAW local hconaMk development em I
Is'" n WN Place And lhw The l"I hauls nn the ud pecnadae. N r
Su4wldeprapenrtubaNOllse, abol•monl fmnt e W onom tplIDppt
btatDnlinu/fa11 for so me rims l' S Memories, the eeneormpn 04, eoawwroawynittytM18 Ip~tos• 'e3'u2illoys
M'Aat Ih s moms. of tours, Y thee in[ W up to mate and mule WAS the uric e e
ue apauawnu u nine Industry memory ell nth ouryeafor.~a "4a n.
frilly ,age much of the pounlef lot with the Jap orthaetpr dwl spew 4i aba4mant AS an oconomK de• WmnOn w OrOn~p
uputwn u( the nenw Ma this AN bidelu+ fa girl Da /our wkpmsnt laol to nmota at bell. orose is associate dr0era of tM
ehdltlhlhinfl?Oil naofpro ass plum, hdrAfdtnalAUnm. OT,Mnd his na Ada WnnltIPalihe emperor center for jetAftweh DerN
Aoo'goto
ll new arvtca W evmnt bell ^4 ofAred 100 StWkst In us ahi till ties hmn and taryet W aba4• Naagg Ugas at IM eM•hr
uwnan and nlAtup businewt tameeu rbue the State A WXN to
A ter recut seempla Wunn4 111010 en sddltieaal I if SOiL.es In
this dlkmma, WW this law, as atempt to brw tit looao"OL .
Offend A artu' luury sad fat Ram aMtaaNa auto- oi f
T
C411 fa 10 rruepi to bid to un go wy
A Starkest Alfllau MAkis. mid 00o t
7 AS
40 el tht Arw AI14M Alfport n
All 'a" Y
T4 fonpo0e "Volvo W the two ee
wrudie Dol is utlmaud It no duntfos. but eni thatllow be
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CITY COUNCIL REYORI' FORMAT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: Speed Zoning on Loop 288
RECOMMENDATION:
r Approval
I SUMHIARY:
The State Department of Highways and Public Trasorttion ha
conducted a speed zoning study of Loop 288fromnAudraaLane toy
13SE. Bastd on this study, they have recommended that Loop 288
be zoned from SS mph to SO mph - 35 mph as indicated in the
attached proposed ordinanc#,,
BACKGROUND:
ROUND:
This study is a result of police and accident reports on Loop
298 from Audra Lane to 135E.
PROGRAMS DEPARTMENTS OR GROUPS AFFECTED:
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Greater safety for the driving public
FISCAL IMPACT:
Less traffic accidents
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28181.
NO. J
AN ORDINANCE DESIGNATING AND ESTABLISHING SPEED ZONES ON LOOP 288 1
FROM AUDRA LANE TO THE I-35E WEST FRONTAGE ROAD; PROVIDING FOR A
PENALTY OF A FINE NOT EXCEEDING TWO HUNDRED DOLLARS ($200.00); I
PROVIDING A SEVERABILI'iY CLAUSE; AND DECLARING AN EFFECTIVE DATE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That based upon an engineering and traffic in-
vest3gat on eretofore made as authorized by the provisions of
Tex. Rev. Civ. Stat. Ann., art. 6701d, section 169 Vernon 1977),
the following speed limits are hereby determined and declared to
be prima facie the maximum reasonable and safe speeds for north
and south bound traffic on Loop 288, and such speed limits are
hereby fixed for vehicles traveling upon the following portions
of Loop 288, and parts thereof:
(a) Beg inning at a point approximately 260 feet north of
Audra Lane thence continuing in a southerly direction for
a distance of approximately 2.871 miles, a maximum speed
of 50 miles per hour;
(b) Thence continuing in a southerly direction for a distance
of 0.563 miles, said point being I.H. 35E West Frontage M
Road, a maximum speed of 35 miles per hour.
SECTION 11. Based upon an engineering and traffic investi-
gation ereto ore made as authorized by the provisions of Section
169, Article 6701d, V.T.C.S., the prima facie speed limits for
the ab.;ve listed portions of Loop 288 are hereby determined and
declared to be prima facie reasonable and safe, and such speed
limits are hereby fixed for vehicles traveling upon such street.
SECTION III. That any person violating any of the provisions
of t s or finance shall, upon conviction, be fined a sum not
exceeding Two Hundred Dollars ($200.00); and each day and every
day that the provisions of this ordinance are violated shall
constitute a separate offense. This penalty ~a in addition to
and cumulative of, any other remedies as may be available at law
and equity.
SECTION IV. That if any section, subsection, paragraph,
sentence, c ause, phrase, or word in this ordinance, or
applicaton thereof to any person or circumstance is held invalid
by any court of competent jurisdiction, such holding shall *not
affect the validity of the remaining portions of this ordinance,
and the City Council of the City of Denton, Texas, hereby
declares it would have enacted such remaining portions despite
any such invalidity.
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SECTION V. That this ordinance shall become effective
fourteen - days from the date of its passage, and the City
Secretary is hereby directed to cause the caption of this
ordinance to be published twice in the Denton Record-Chronicle,
the official newspaper of the City of Denton, Texas, within ten
(10) days of the date of its passage.
PASSED AND APPROVED this the day of
1989. -
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RAY T P E
, MAYO
ATTEST:
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DEBRA A. DRAYOVITCH, CITY ATTORNEY
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CTSSC MEMO
September 8, 1989
page 3
I ITEM 05 ORDINANCE FOR SPEED ?ONING ON LOOP 288:
The State Department of Highways and Public
Transportation has conducted a speed zoning study of
Loop 288 from Audra Lane to 135E. Based on this
study, they have recommended that Loop 288 be zoned
for speed as follows:
a) Beginning at a point approximately 260 feet north 1
of Audra lane thence continuing in a southerly
direction for a distance of 2.871 miles,
approximately, a maximum speed of 50 miles per
hour;
b) Thence continuing in a southerly direction for a
j distance of 0.563 miles, said point being T.H.35
E West Frontage Road, a maximum of 35 miles per
hour.
Staff believes these recommended speeds on these
sections of the loop are representative of those of
the normal and prudent driver under existing
conditions.
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Staff recommends approval. y
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CTSSC MINUTES
{ September 11, 1989
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ITEM 15 ORDINANCE FOR SPEED ZONING ON LCOP 288:
F Iwuchukwu presented the request. He said The State Department of
Highways and Public Transportation conducted a speed coning study of
Loop 288 from Audra Lane to 135E. This was requested by the City
and the State gave it as a condition for adopting the speed
ordinance on McKinney street which was approved by CTSSC last year.
Based on this study, they have recommended that Loop 288 be zoned
I for speed as follows:
a) Beginning at a point approximately 260 feet north of Audra Lane
thence continuing in a southerly direction for a distance of
2.811 miles, approximately, a maximum sped cf 50 miles per
hour;
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/ b) Thence continuing in a southerly direction for a distance of
0,563 miles, said point being I.H.35 E Nest Frontage Road, a
maximum of 35 miles per hour.
Laforte asked how the State arrived at that speed at that point
I on Audra as opposed to the top of the overpass, She felt it
would be easier if the slower speed was at the top of the
budge and traffic would already being slowing up.
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DATE: 12/19/89
CITY COLNCIL REPOKT FCRMAT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: PJ 132. REQUEST TO EXTEND THE DEVELOPMENT PHASING SCHEDULE FOR
SOUTHVIEW - PLANNED DEVELOPMENT 132
RECOMMENDATION:
The Planning and Zoning Commission recommended approval at their
meeting of Novemb-4r 29, 1989 by a vote of 4 - U.
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SUMMARY:
1
Susan Mead, legal representative for HMB Realty, has requested an
extension of the Development Phasing Schedule for Planned
Development 132/Southview. Tne proposed time extension is for an
additional year. Attached is the letter from Ms. Mead requesting
the extension and the proposed schedule. After discussion with
Ms. Mead, staff provided a schedule which meets the needs of the
E petitioner.
BACKGROUND:
On August 150 1989, the City Council approved a detailed plan and an
i amended concept Flan for a portion of PD 132. The approved
Development Passing Schedule had a construction start date of
November 1989 for Phase IA (Tracts 10, 14, 16, 170 and 18). Due to
financing conditions, the petitioner has requested an extension of
this deadline to November 1990 and Phases IA (Tracts 11, 121 and
15), IB and II to January 1998, July 1993, and July 1995,
respectively.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
NA
FISCAL IMPACTS
NA
C Respec ly aubmitte s 00,
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Pre red bys oyd . Par-el City 'Manager
Eli a th Evans
Pla ing Administrator
Approve s
t'
Yr-ank A. Robb rAICP
Executive Director
Planning and Development
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ATTACHMENT 1
SOUTHVIEW ADDITION
DEVELOPMENT PHASING SCHEDULE J
NOVEMBER 290 1989 I
NET 3 OF SITE PLAN CONST
PHASE TRACTS ACREAGE PROJECT SUBMITTAL/REVIEW START
IA 100 141 184.2 49% ;March 1989 Nov. 19D
16, 17,
& 18
IA 11, 12, 14.0 40 July 1995 Jan. 198
6 15
IA 13 19.1 5% + +
IB 6 - 9 36.5 98 March 1992 July 193
i TI 1 - 5 124.9 33% March 1994 July 195
378.7 acres
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a ATTACHMENT 2
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Jenkens & Gdchrist
. IAO,IMON'L COAACAAt10N
100 COYOAEIs 1415 ROSS AVENUE
lu,q 1J 07 suite 7700
AVS'rq, IE11.s 11101 CALLAS, 7E1AS 73201,2711 1103 LOW'S ANA
1i 11 ,11 1100 3Un2 100
-ELECCr.ER 1Hfl 722 7111 I2141 IJl ,l 00 nCU 3;'N/,E]J70710f]
•ELECO. [A Itul IfI U00 1[LECCA-I4
1>ql 1!' 111,
SUSAN MEAD 'FIFE N-7111
+wE ro1lr..ou
iilu ess .rea
October 31, 1939
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Mr. Frank R bins
Director
Departm t of Planning
215 Ea McKinney
Dent , Texas 76201
Re: I+linor Amendment/Planned I
Development District 88-166
Dear Frank:
Pursuant to our discussion v
yesterday and Ordinance No. 86-
8d, Article 11, E(3)E please place a request on the City Plan
If Commission and City Council docket to amend the development N
schedule recently submitted with our detailed plan for Phase to i
and place a request on the City Plan Commission docket to amend
tha development schedule for Phase IB and Phase II. I am making
this request on behalf of the property owner, RMB Realty,
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As we discussed, the effort to secure construction financing
has taken longer than any of us ever imagined. Please find the
revised Southview Addition Development Phasing Schedule enclosed,
and do not hesitate to contact me if you have questions regarding
this matter.
With kind regards,
JENKENS & GILCHRIST, P.C.
i By'
Susa ad
SM/nj RECEIgyp tl ET)
1(• .h 1 \r 1 J
FLANNING 6 DEVE! OPMENT
DEPARTMENT
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ATTACHMENT 3
SOUTHVIEW ADDITION
DEVELOPMENT PHASING SCHEDULE
Phase Acreage Tract 8 of Site Plan Development
Project Submittal/Review Start ,
i
IA 164.7 11-14 43 Starch 1989 November 1990
l d
f 16-18
IB 89.1 6-10 23 March 1993 July 1993
d
15
II 124.9 1-5 34 March 1995 July 1995
387.7 Acres
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P&Z Minutes Nov November 29, 1989 Page 2
DRAF77
III. Considerations
A. Southview (PD-132)
Consider the request of Susan Mead, representing RMB
Realty, for an extension of the development phasing
schedule for Southview (PD-132).
ETAFF REPQ$T: Ms. Evans presented the staff report
(attached). She stated that staff recommends approval
of the extension of t'ie extension.
DECISION: Ms. Brock moved to recommend approval of the
extension of the development phasing schedule for
Southview (PD-132). Seconded by Mr. Engelbrecht and
unanimously carried (4-0).
B. E-13
Consider a recommendation to abandon 5,219.90 square feet
of right-of-way at Avenue A and Underwood Street.
STAFF REPORT: Mr. Salmon stated that Underwood is being
realigned to intersect Avenue A at a right angle. Excess
right-of-way on Underwood is being created by this
1 realignment. Staff recommends abandonment of this area
I i as shown in the packets with retention of an easement.
I Donald Dooley has agreed to exchange other right-of-way
in conjunction with the Avenue A
ownership of this propert paving project for
~ Y•
Ms. Brock asked the purpose of changing the alignment.
Mr. Salmon replied that Underwood intersects Avenue A on
the west side a the beginning of a curve tot he south.
The curve makes adequate sight distance difficult for
traffic on Underwood Street.
j DECISIONS It was moved by Mr. Glasscock, seconded by Mr.
Engelbrecht, and unanimously carried (4-0) to recommend
approval of the abandonment of 5,219.90 square feet of
right-of-way at Avenue A and Underwood Street.
E
C. E-14
Consider a recommendation to abandon the above ground
utility portion of a 1.694 acre 9asement in the McNatt
Addition near I-35E and State School Road.
~nsr va
♦M xxa L
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REVELOPMIiNT PHASING SCIIEUUI.E
NLIF 1 OF SITE PLAN CONST
PHASE TRACTS ACREAGE PROJECT SUBMITTAL/REVIEW START
IA 10, 14, 184.2 491 March 1989 Nov. 190
I
16, 17,
f, 18
IA 11, 12, 14.0 41 July 199S Jan. 198
$ 15
lb 6 - 9 36.S 91 March 1992 July 193
11 l - S 124.9 311 March 1994 July 195
359.6 acres
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE DEVELOPMENT
SCHEDULE FOR PLANNED DEVELOPMENT DISTRICT NO. 132 (SOUTHVIEW) - AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, by Ordinance No. 88-166, the city Council approved a
planned development district for 414.9 acres of land (PD-132,
Southview); and
r WHEREAS, by Ordinance No. 89-101, the City Council approved a
first amended concept plan for the District and a detailed plan for
a portion of the District; and
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WHEREAS, RMB Realty has applied for a revised schedule of
development for the District; and
l WHEREAS, the Planning and zoning commission has recommended
approval of the requesters extension; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the "Development Phasing Schedules" (2 pages)
F of the "Phasing Schedules" of Exhibit "B" (10.7irst Amended Concept
Plan for Southview") and Exhibit 11DP-1" ("Detailed Plan for
Southview, Tracts 10, 14, 16, 17 and 18"), as adopted by Ordinance
No. 89-101, are amended by the adoption of a new "Development
f Phasing Schedule", attached. hereto and incorporated herein as
Exhibit "PS-1" (1 page).
J SECTION II. That the City Secretary is hereby directed to
{ attach a copy of this ordinance to ordinance No. 88-166, showing
the amendment herein made.
SECTION III That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of , 1989.
RAY STEPHENS, MAYOR
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
~~^1 DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY: ^(1Ai/LM -
ord\p 22
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December 19, 1989
CITY COUNCIL AGENDA ITEM
TO: MAYOR AND NUIBERS OF THE CITY COUNCIL
FROM: Lloyd Harrell, City Manager
SUBJ: CONSIDER ORDINANCE APPROVING THE LONE STAR GAS SALES CONTRACT
RECOMMENDATION:
The Public Utilities Board, at their meeting of May 24, 1989,
recommended to the City Council approval of subject contract and will
be reconsidering this item at their meeting December 19, 1989. The
Minutes of the December 19, 1989, meeting will be furnished Council
at their evening meeting.
SUMMARY/BACKGROUND:
The Lone Star contracts expired at the end of 1988 and negotiations
have been in progress since October 1988 on new five (5) year
contracts.
Agreement was reached between the City and Lone Star Gas Company on a
five year contract in the spring of 1989. Approval and
implementation of contracts were suspended pending resolution of
i implications involving back payment for services rendered but not
contractually binding.
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Subsequent negotiations have resulted in a new contract incorporating
the intent of the previous contract modified for a new term of four
(4) years, adjusted for annual rate increases and adjusted to reflect
a new maximum annual volume. Briefly, adjustments in thr, new
contract include:
a. A contract term period of 1990 through 1993, Lone Star Gas has
made gas available during 1989 in anticipation of the culmination
of the negotiated contract.
b. Annual rate increases allowed as negotiated in the original
contract and have been applied to 1990 pricing.
The Lone Star Gas Sales Contract is a base contract for 1.25 8CF of
gas, which represents approximately 404 of Denton's total gas
requirements. The contract has a 504 back out provision to allow
Denton to purchase gas from other suppliers through another pipeline
beginning in 1991. It has a demand, or availability charge of
$0.3761M F, which could amount to $468,800 if ro gas was purchased
under the contract, but does allow credit of up to 804 of this chargge
when applied transporting gas in a Lone Star system at $0.16 to
$0.21/MCF.,
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CC Agenda Item
Page 2
The beginning base price for transportation of Lone Star gas is
$.43/MCF in the winter, and 50.39/11CF for the remainder of the year.
This transportation fee is in addition to Lone Star's wellhead gas
price, which is presently approximately $3,41/MCF. The
transportation rate escalates at $0.01 per year. This contract
allows the City to have 1 MCF per day for plant protection or pilot
gas during curtailment.
FISCAL IMPACT;
The City requirements pfronngas generation, a The xcosteof fuel hasf an its power
our economic dispatch (i.e., split the savings) as well as gas used
! in our plant, Ve estimate 57,9 million for gas generation this
I fiscal year, and about $11.3 million by 1993 due to an increase in
both price and quantity of natural gas.
j PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
City of Denton, Texas Municipal Power Agency, Texas Municipal Power
Pool, Lone Star Gas, power production costs.
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Res fu11ub ed,
To arre ,
Manager
I I Prepared by,
m hune upe e~derr
Electric Products X A , *d
son; xecu +eFector
Department of Utiliti.is
Exhibit I Lone Star Gas Sales Contract
II Ordinance
III PUB Minutes of May 24, 1989
IV PUB Minutes of December 19, 1989, to be provided at meeting,
658OUt3-4
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EXCERPT
Public Utilities Board Minutes
May 24, 1989
8. REVIEW LORE STAR PAS CONTRACTS
Nelson introduced Paul Brietzman, Gas Coisultant, and Jim Thune,
Superintendent of the Power Plant. He then proceeded to review the
1,;ain points of the four gas contracts:
a. Lone Star Gas Sales Contract
H b. Lone Star Gas Transportation Agreement
c. Lone Star Transfer of Gas Agreement
d. Enserch Gas Sales Contract
Nelson stated that, although Denton got better concessions than ever
before from Lone Star Gas, the Board needs to be well cognizant of
i the fact that there are going to be times when Denton's contract
price is not going to be as good as Bryan's or Garland's.
Brietzman gave a short presentation, After general discussions,
Frady made a motion to recommend to the City Council approval of the
four contracts upon Legal Department review and acceptance. Seccnd
by Thompson. All ayes, no nays, motion carried.
i~ 6575U:13
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2795L
ORDINANCE NO.
AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF GAS FROM
LONE STAR GAS COMPANY; PROVIDING FOR THE. EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City has solicited, received and tabulated com-
petitive sealed proposals for the purchase of gas in accordance
` with the procedures of state law and City ordinances; and
I WHEREAS, the City Hanager has reviewed and recommended that
the proposal of Lone Star Gas Company is the lowest responsible
proposal 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 gas
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the proposal of Lone Star Gas Company is
heresy -accepted and approved as being the lowest responsible
proposal for the items cot forth in the proposal.
SECTION II. That tho City Manager 3i hereby authorized to
I execute a contract with Lone Star Gas Company for the purchase of
gas under the conditions set forth therein, a copy of which is
attached hereto and incorporated by reference herein.
SECTION III. That by the acceptance and approval of the above
proposal; t'F-tity Council hereby authorizes the expenditure of
funds therefor in the amount and in accordance with the written
contract made pursuant thereto.
SECTION IV. That this ordinance shall become effective
immediately upon ita passage and approval.
PASSED AND APPROVED this the day of
1989.
IVY STEPHENSP MAYOR
ATTEST,
`
JUNOER , SECRETARY
CITY APPROVED AS TO LEGAL FORM:
DEBRA DRAYOVITC CITY ATTORNEY
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'lr:I.P
OAS SALES CONTRACP 1
BETHEEN
LANE STAR CAS COMPANY
AND
CITY OF DENTON, MUS
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DATED JANDARY 1, 1990 a
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TABLE OF CONTENTS
ARTICLE PsriE
I Definitions 1
II Subject Hatter 3
III Quantity 3
IV Demand Charge 8
V Quality 10
VI Delivery and Connection Facilities 12
ViI Measurement 13
VIII Price 16
IX Adjustment for Heating Value 19
X Reimbursement for Taxes and Rentals 19
X1 Payment 22
XII Term 24
X1II Force Majeure 24
XIV Curtailment of Deliveries 26
XV Regulatory Bodies 28
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XVI Termination Privilege 28
XVII Intrastate Provisions 30
XVIII Warranty 31
XIX Right of Way 31
XX Indemnity 31
XXI Waiver of breach 32
r~ XXII Assignment 32
XXIII Miscellaneous 32
V
CAS SALS CONTRACT
THIS CONTRACT, made, entered into, and effective on this 1st day of
January, 1990, by and between LANE STAR CAS COMPANY, a division of ENSERCH
Corporation, a Texas Corporation, hereinafter referred to as "Seller", and the 1
CITY OF DENTON, TEXAS, a municipal corporation, hereinafter referred to as
"Buyer",
W I T H E S E T H
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WHEREAS, Buyer owns and operates an electric generating station known
1 and designated as the Spencer Generating Station, located in Denton County,
Texas, is hereinafter referred to as "Buyer's Plant" (or "plant'); and
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WHFLFAS, Buyer desires to be assured of an adequate supply of natural
gas for the operation of said Plant, &%id Seller desires to sell gas to Buyer
under the terms and conditions of this Contract;
NOW, THEREFORE, in consideration of the mutual covenants and agreements
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herein contained, together with other good and valuable consideration, the
re:eipt and sufficiency of which is hereby acknowledged, Seller and Buyer do
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I I hereby cont►vot and agree with each other as follows;
ARTICLR I
i DIFUITIONS
f For the purposes of this Contract, unless tho context of the instrument
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requires otherwise, the following definitions shall be applicable:
1. "Oas" shall mean natural gas produced from gas wells, vaporized natural
gas liquids, gas produced In association with oil (casinghead gas) and/or
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the residue gas resulting from processing casinghead gas and/or gas well
gas.
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2. 'Day" shall mean the 24-hour period beginning at 7:00 a.m., Dallas time, J
on one calendar day and ending at 7:00 a.m., Dallas time, on the following
calendar day.
3. "Month' or "Billing Month" shall mean the period beginning at 7:00 a.m., I
Dallas time, on the first day of a calendar month and ending at 7:00 a.m.,
Dallas time, on the first day of the succeeding calendar month.
4. "Contract Year, or "Calendar Year" shall mean a period of twelve (12)
consecutive months beginning at 7:00 a.m., Dallas time, on January 1 of
1 each calendar year of the term hereof and ending at 7:00 a.m., Dallas time, ~J
E on the same date of each succeeding year during the term hereof.
f 5. "Mcf" shall mean one thousand (1,000) cubic feet of natural gas.
6. The term "Btu" as used herein shall mean British Thermal Unit and, where
appropriate, the p?ural thereof. The term "MMBtu" shall mean one million i
(1,000,000) Btu.
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7. "Heating Value" or "Neat Content" shall mean the total heating value ;
expressed in Btu per cubic foot (gross heating value) of the gait delivered
hereunder, and shall be determined at a temperature of sixty degrees (601)
Fahrenheit, saturated with water vapor and under a pressure equivalent to
that of thirty (30) inches of mercury at thirty-two degrees (320) Fahrenheit
converted to base conditions of sixty degrees (600) Fahrenheit and an
absolute pressure of fourteen and sixty-five one-hundredths (14.65) pounds
per square inch and adjusted to reflect actual water vapor content.
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8. 'Psi** shall mean pounds per square inch absolute,
9. "Prig" shall mean pounds per square inch gauge,
10. "Transportation Agreement" shall mean that certain Cas Transportation
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Agreement between Buyer and Seller dated January 1, 1990.
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11. 'Transfer Agreement" shall mean that certain Transfer of Gas Agreement 1
between Buyer and Seller dated January 1, 1990. r
ARTICLE IT
SUBJECT MATTER I
Subject to the terms and provisions hereinafter set out and to the extent
of and in accordance with the terms, conditions and limitations hereinafter
stipulated, Seller agrees to sell and deliver to Buyer and Buyer agrees to
purchase and receive from Seller, at the point of delivery herein provided for,
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natural gas for that portion of the natural gas fuel requirements of Buyer's
~i Plant during the term specified herein, including but not limited to Article III
I hereof, hereinafter called 'Buyer's Fuel Requirements',
ARTICLE III
QUANTITY
1. The quantity of gas, computed on an MMBtu basis, to be purchased and sold
hereunder shall be a volume of gas equal to that amount of Buyer's Fuel
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4 Requirements specified by this Contract for its Plant, up to but not in
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excess of Buyer's Maximum Hourly Volume, Maximum Daily Volume and Maximum
Annual Volume for each Contract Year, as such requirements are tut forth
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tox_gac Contract Year
Maximum Hourly Volume 1,500 MMBtu
Maximus Daily Volume 30,000 MMBtu
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Contract Year Beginning
January 1. 1900
Maximum Annual Volume 1,250,000 MMBtu
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2.(a). On or before September 1 of each Contract Year during the term of this
Contract, Buyer shall submit written notice to Seller specifying the
Maximum Annual Volume obligation for the immediately following Contract
Year. The Maximum Annual Volume designated for 1991 and each
succeeding Contract Year shall not be greater than one hundred twenty-
five percent (125%) nor less than seventy-five percent of the Maximum
Annual Volume designated for the immediately preceding Contract Year;
r- 1 however, Beyer may, once and only once during the term hereof, increase
the Maximum Annual Volume for any one Contract Year to equal more than
one hundred twenty-five percent (1251) but not more than one hundred
fifty percent (1501) of the immediately preceding Contract Year's
Maximum Annual Volume, In no event will Buyer ever establish a Maximum
Annual Volume of less than one million two hundred and fifty thousand
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(1,250,000) Mtu for any Contract Year.
(b). If, during any Contract Year, Buyer fails to submit a Maximum Annual
Volume as provided for herein, Buyer's Maximum Annual Volume for the
1 next succeeding Contract Year shall be equal to the Maximum Annual
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Volume in affect for the preceding contract Year.
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{ (c). Notwithstanding anything to the contrary contained herein, nothing in
this Article or any other provision of this Contract shall prevent
Seller from selling and delivering to Buyer hereunder quantities of
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gas in excess of the volumes Seller is obligated to sell and deliver 1
hereunder, which Seller has available and desires to sell and which
Buyor desires to purehsss.
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3. Buyer agrees that all of the gas purchased hereunder will be used or
consumed in and for the operations of Buyer's Plant, and that no part of
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such gas will be resold or used for any other purposes, except as otherwise
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expressly provided in the Transfer Agreement.
4(a). Should Buyer, during any Contract Year beginning on or after January
1, 1991, receive a bona fide written offer to sell and deliver gas
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directly to Buyer's facilities (which serve Buyer's Plant) through a
pipeline other than Seller's pipeline and at a price (including taxes,
transportation and all other costs necessary for delivery of gas to
Buyer's facilities which serve Buyer's Plant) lower than Seller's then
' current price (including taxes, transportation and all other costs
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necessary for delivery of gas to Buyer's facilities which serve Buyer's
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Plant) per MKBtu, Buyer may purchase and receive natural gas from such
other person, firm, or corporation in accordance with such offer (such
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however, the total of such Supplemental Volumes during such Contract
Year do not exceed the following volume limitations (herein referred
to as 'Maximum Supplemental Volums');
(i) For the Contract Year beginning January 1, 1991, and each Contract
Year thereafter during the term hereof, Buyer may receive
Supplemental Volumes not to exceed fifty percent (501) of the
Maximum. Annual Volume in effect for such Contract Year.
(it) Notwithstanding anything to the contrary contained herein, if
Buyer notifies Seller as provided in paragraph 2(a) of this
Article that it desires to increase its Maximum Annual Volume for
9 any one Contract Year herein to equal more than one hundred
twenty-five percent (1251) but not more than one hundred fifty
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percent (1501) of the immediately preceding Contract Year's
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Maximum Annual Volume, then for such Contract Year and each
Contract year thereafter the Maximum Supplemental Volume
limitation specified in this paragraph 4(a) shall be reduced by
twenty percent (201).
(b). Notwithstanding the provisions of paragraph 4(a) above, prior to
entering into any agreement for the purchase of such Supplemental
Volumes, or prior to entering into any amendment to an agreement under
which Buyer may purchase Supplemental Volumes, Buyer shall notify
Seller in writing of the terms and conditions of the bona fide offer
for such proposed Supplemental Volumes (including a complete facsimile
of the offer which is presented ;o the Denton City Council for such
proposed Supplemental Volumes). If Seller (or its assignea) (i)
within five (5) days of receiving Buyer's said notice if the delivery
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period of such notice is one (1) month or less, (Ii) or within thirty
(30) days of receiving Buyer's said notice if the delivery period of
such notice is greater than one (1) month, offers in writing to sell
and deliver gas to Buyer all or any portion of the quantity offered
under such bona fide offer, under similar terms and conditions as J
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stated In Buyer's said notice to Seller, at the same or lower price
(including taxes, transportation and all other costs necessary for 1
delivery of gas to Buyer's facilities which serve Buyer's Plant) per ,
MMBtu, then Buyer shall purchase from Seller (or its assignee) a
quantity of gas equal to the lesser of (i) the quantity offered in
writing by Seller (or its assignee), (ii) a quantity equal to no less
E than 501 of the quantity offered for purchase under the aforesaid
bona fide offer, or (iii) a quantity equal to no less than fifty
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percent (501) of the applicable Maximum Supplemental Volume limitation
set forth in the preceding paragraph 4(a) above, under Seller's (or
its assignee's) aforesaid offered terms and conditions rather than
under the aforesaid bona fide offer. If Seller (or its assignee)
fails to meet or better the aforesaid bona fide offer as provided
above for all or a portion of the quantities offered under the bona
fide offer or if Buyer and Seller (or its assignee) cannot agree to
some other mutually agreeable offer within the said five ',5) or thirty
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(30) day period (whichever is applicable), nothing shall limit Buyer's
purchases of Supplemental Volumes under such bona fide offer provided
that during each Contract Year herein the sum of (i) all Supplemental
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Volumes purchased by Buyer under any and all such bona fide offers
and (it) all purchases of gas by Buyer from Seller (or its assignee)
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under this paragraph 4(b), never exceeds the Maximum Supplemental
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Volume for such Contract Year herein.
rL E ~ (c) • If at any time during the term of the bona fide offer for Supplemental
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J Volumes, the terms and conditions of such offer are changed in any
t manner from the written terms and conditions which Buyer provided
Seller, then Buyer shall notify Seller Immediately of such change.
Once Buyer has made such notification to Seller, then Seller (or its
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assignee) shall have the right to offer to sell and deliver gas to
Buyer for all or any portion of the quantity offered under the now
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corms and conditions of such bona fide offer pursuant to the same
procedures as provided in the preceding paragraph 4(b),
' (d). In the event Buyer enters into agreement(s) with other party(s) for
the purchase of Supplemental Volumes as set forth in this Article,
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Buyer shall give Seller, at Seller's request, prior verbal estimates
of such Supplemental Volumes which Buyer expects to purchase and
consume each month and shall notify Seller in writing of the actual
volumes of Supplemental Volumes purchased and consumed during such
month as soon as practicable after Buyer has knowledge of such
volumes.
(e). Buyer's Supplemental Volumes shall not reduce nor be credited toward
Buyer's Demand Charge as set forth in Article IV of this Contract
unless hereinafter specified,
ARTICLE IV
DEMAND CHARGE
1. Without limiting any obligations or rights of Buyer and Seller hereunder,
Buyer agrees to pay an annual fee to Seller for the availability of gas fuel
service under this Contract (herein referred to as 'Demand Charge'). For
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each Contract Year of the term herein, the Demand Charge shall be equal to
the Maximum Annual Volume in effect for such Contract Year multiplied by
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the Demand Charge Rate of thirty-seven and one-half cents (37.50).
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l 2. Seller shall render to Buyer after the and of each Contract Year an invoice
for the uncredited Demand Charge applicable for such Contract Year and Buyer
shall make payment to Seller for such amount no later than twenty (20) days
from the date Seller's statement is deposited postage prepaid in the United
States mail.
3. The Demand Charge due and payable by Buyer to Seller at the end of each
Contract Year shall be credited as follows: For any Contract Year, Buyer
will receive credits toward such Contract Year's Demand Charge, as defined
herein, by deducting the following amounts from the applicable Demand Charge
for such Contract Year,
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M (a)• For Buyer's purchases from Seller during any Contract Year of the term
hereof, excluding any volumes Seller (or its assignee) delivers to
Buyer as allowed under paragraph 4(b) of Article III, Buyer will
receive a credit toward such Contract Year's Demand Charge equal to
I the product resulting from the multiplication of the total of all
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MMBtus purchased from Seller hereunder during such Contract Year by
the Base Price applicable to each such MMBtu purchased, as such Base
Price is defined in Article VIII. ,
Ir (b)• For Buyer's purchases from Seller (or Seller's assignee) during any
Contract Year as allowed under the terms of Article III, paragraph
4(b), Buyer shall receive a credit toward the Demand Charge in effect
for such Contract Year during which such gas is purchased, and such
credit shall be equal to the product resulting from the multiplication
I4 of twenty-two cents (22C) by the total of such purchases (in M Btu)
during such Contract Year. gotwithstanding anything to the contrary J
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contained herein, any gas delivered to Buyer through pipelines other
than Seller's pipeline shall never be credited in any way toward ,
Buyer's Demand Charge.
(c)• For gas volumes which Buyer pays a transportation fee for under its j
Transportation Agreement with Seller during any Contract Year of the
term hereof, Buyer will receive a credit toward such Contract Year's J
Demand Charge, and such credit shall be equal to the total of all
applicable "Transportation Fee(s)" paid to Seller under the
Transportation Agreement for transportation of such gas volumes during
such year; provided, however, for purposes of crediting hereunder,
such Transportation Fee will not include any amounts paid by Buyer for
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gas lost and unaccounted for, gas used as fuel and gas used in day-
to-day pipeline operations as described in the Transportation
Agreement.
4. Notwithstanding anything to the contrary contained herein, the combined
total amount to be credited toward Buyer's Demand Charge during any Contract
Year of the term hereof under paragraphs 3(b) and 3(c) of this Article 1V
shall never exceed eighty percent (801) of the Demand Charge applicable to
such Contract Year.
5. Buyer shall never be entitled to recoup as gas any of the payments made to
Seller under the terms of this Article 1V.
ARTICIE V
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QUALITY
1. Seller shall deliver to Buyer natural gas which is of merchantable quality
and commercially free from water, sand and other objectionable fluids,
solids or as components. and shall meet the
g quakily requirements as
follows:
(a). shall have a heating value of not less than nine hundred fifty (950)
Btus per cubic foot nor greater than one thousand ono hundred and
fifty (1,150) Btus per cubic foot;
(b). shall contain no oxygen;
(c), shall have a temperature of not more than one hundred twenty degrees
(1201) Fahrenheit nor less than forty degrees (400) Fahrenheit;
(d). shall not contain more than one-fourth (1/4) grain of hydrogen sulfide {
per one hundred (100) cubic feet;
(e). shall not contain more than five (5) grains of total sulphur including
not more than one (1) grain of msrcaptan sulphur per one hundred (100)
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t cubic feet;
(f). shall not contain more than three percent (30 by volume of carbon
dioxide;
(g). shall in no event have a water vapor content in excess of seven (T)
pounds per million (1,000,000) cubic feet of gas measured at a
pressure base of fourteen and sixty-five one-hundredths (14.65) pounds
per square inch absolute and at a temperature of sixty degrees (60°)
Fahrenheit.
2. If at any time the gas fails to meet the quality specifications enumerated
herein, Buyer shall notify Seller and Seller shall make a diligent effort '
to correct such failure, If Seller is unable to deliver gas according to
such specifications, Buyer may refuse to accept delivery of gas for so long
as such conditions exist. If such a refusal is the sole cause and makes
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it necessary for Buyer to completely and totally shut down its Plant and
j Buyer gives Seller written notice of the occurrence of such plant shutdown,
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then if Seller fails to correct the quality problem within forty-eight (48)
hours of Seller's actual receipt of the aforesaid written notice and Buyer's
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f Plant has remained completely and totally shutdown during such forty-eight
(48) hour period, Buyer shall receive credit against the Demand Charge
applicable to such Contract Year of the tern hereof. Said credit shall be
determined as follows: the Demand Charge applicable to such Contract Year
shall be divided by the number of days in such Contract Year and the
quotient shall be multiplied kimas the number of days during such Contract
Year that buyer's Plant was so continually shutdown following the forty.
eight (48) hcur period(s) described above.
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ARTICLE VI
DELIVERY AND CONNECTION FACILITIES
1. The point of delivery of gas to be sold and delivered by Seller to Buyer
hereunder shall be at the outlet side of Seller's regulating and metering
stations on the sites of Buyer's Plant or which may hereafter be installed
by Seller at locations which are mutually acceptable to Buyer and Seller.
Seller agrees that it will operate and maintain such regulating and metering
stations, as well as the necessary tap or lateral lines from its main
pipeline system to said regulating and metering stations; and Buyer agrees
that it will furnish to Seller, without charge, suitable space at the point
of delivery for Seller's tap and lateral pipelines, regulating and metering
stations and appurtenant equipment, and that Buyer will maintain the
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necessary service lines to connect with Seller's lines at the outlet side
of Seller's regulating and metering stations. Buyer shall authorize no
person other than an agent of Seller, or a person otherwise lawfully
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authorized, to tamper with, inspect, alter or remove Seller's facilities.
Seller shall have free ingress and egress to and from Buyer's premises for
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the construction, maintenance, repair and replacement of Seller's property
located thereon, or for any purpose connected with supplying gas hereunder.
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2. Seller shall deliver gas hereunder to Buyer at the point of delivery at
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such reasonably steady pressures as may be designated by buyer, or absent
such designation, at pressures which are sufficient to enter Buyer's Plant
against the prevailing pressures maintained therein by Buyer; provided,
however, Seller shall not be required to deliver gas to Buyer nt a pressure
in excess of 75 pstg.
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3. The title to and ownership of the gas delivered hereunder shall pass to
and absolutely vest in Buyer at the point of delivery herein provided. Each
of the parties hereto agrees to use reasonable efforts to promptly notify
the other party of any significant changes in operating conditions which
will affect the delivery and receipt of gas hereunder, and the reasons for
such significant changes. Notwithstanding anything contained herein to the
contrary, in no event shall Seller be required to install new facilities
or to enlarge or modify its existing facilities in order to make deliveries 1
of gas to Buyer, except to the extent that such facilities are necessary I
to deliver the Maximum Hourly Volume of gas hereunder.
4. Subject to the terms and provisions of this Contract, Seller and Buyer
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recognize and agree the point of delivery described in this Contract may
be a point at which Seller delivers gas for sale or transportation under
{ other Agreements with Buyer or under other agreements with parties other
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than Buyer. It is understood and agreed by the parties that the Maximum
Hourly Volume and the Maximum Daily Volume set forth in Article III,
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paragraph 1 is the cumulative maximum volume of gas which Seller is
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obligated to deliver at such point of delivery on any given Day, under (i)
this Contract, (ii) the Transportation Agreement herein described and (iii)
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any other delivery of gas to Buyer by Seller on behalf of a third party.
ARTICLE VII
MEASURMan
1. For the purpose of this Contract the volumetric unit of measurement of gas
shall be one thousand (1,000) cubic feet at a pressure base of fourteen and
sixty-five one-hundredths (14.65) pounds per square inch aSsoluto and at
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a temperature base of sixty degrees (600) Fahrenheit. Meter measurements
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shall be computed by Seller into such units, adjusted for volume variations
due to pressure and temperature in accordance with the Ideal Gas Law, and
corrected for deviation using daily averages of recorded specific gravity
(determined to three (3) decimal places) and a value for atmospheric
pressure of fourteen and four-tenths (14.4) pounds per rquare inch absolute.
2. The period during which gas is flowing shall be used in determining daily
averages of metered pressure, specific gravity, flowing temperature and
heating value.
3. The gas delivered hereunder shall be measured by means of measuring devices r~
of standard type with flange connections (installed in accordance with
current industry standards) which shall be operated and maintained by Seller
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at its sole expense, and placed at the aforementioned point of delivery or
in as close proximity thereto as practicable. Meters, and other measurement
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instruments and equipment, shill be tested and adjusted for accuracy monthly
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{ by Seller at Seller's expense.
4. Buyer shall have access to said metering equipment at all times, including r
telemetry output signals as long as such access is at no coat to Seller,
but the maintenance, reading, calibration and adjustment thereof shall be
done only by the employees or agents of Seller. Records from such metering
equipment shall remain the property of Seller and shall be kept on file by
Seller for a period of not less than three
(3) years. However, upon request
of Buyer, Seller shall make availab.e to Buyer records from its metering
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equipment, together with calculations therefrom, for Buyer's inspection and I
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verification, subject to return by Buyer within ten (10) days after receipt
thereof.
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5. Buyer msy, at its option and expense, install and operate meters,
instruments and equipment to check Seller's meters, instruments and
equipment, but the measurrment of gas for the purpose of this Contract
shall be by Seller's meters only, except as hereinafter specifically
provided. The meters, instruments and equipment installed by Buyer shall
be subject at all reasonable times to inspection or examination of Seller,
but the maintenance, reading, calibration and adjustment thereof shall be
done only by Buyer.
! 6. Each party shall give to the other party notice of the time of all tests
of meters sufficiently in advance of such tests so that the other party I
may conveniently have its representatives present; provided, however, that
if either party has given such notice to the other party snd such other I
party is not present at the time specified, then the party giving the notice
may proceed with the test as though the other party were present. ,j
I
7. Meter measur-ments computed by Seller shall be deemed to be correct except
where the measuring device is found to be inaccurate by as much as one
percent (11), fast or slow, or to hrva failed to register, in either of
1
which cases Seller shall rq,~atr or replace the meter. The quantity of gas
II
delivered while the meter was inaccurate or failed to register shall be
I
determined first by the reading of Buyer's check meter, if installed and
in good operating condition, or second, by correcting the error if the
percentage of error is ascertatnabl+ by calibration or mathematical
calculation. If it is not so ascertainable then it shall be determined by
estimating the quantity on a bests of deliveries under similar conditions
k j whan the meter was registering accurately. Such adjustment or correction
shall be made only for one-half (1/2) of the period between the test in
i ~
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r
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which the inaccuracy was discovered and the previous test for accuracy;
provided, however, such adjustment or correction period shall not exceed
ninety (90) days.
8. The daily average heating value and specific gravity of the gas delivered
hereunder, shall be determined at Seller's expense by the use of recording
devices of standard type, which shall be installed and operated by Seller.
Each device used to determine such average heating value and specific
gravity shall be tested for accuracy by Seller at regular monthly intervals
and should any test show it to be inoperative or recording in error as much ,
as one-half of one percent (.051), plus or minus, proper correction shall
be made for the period during which the recorder was inoperative or
recording in error, and if this period cannot be ascertained, correction
shall be made to an average of the values recorded during the most recent
fifteen (15) day period prior to the previous test under similar conditions
of flow, and such device shall immediately be calibrated to measure as
accurately as practicable. The degree of saturation by water vapor of the
gas to be delivered hereunder shall be determined monthly by Seller, using
4
standard instruments and methods, and the results thereof shall be properly
taken into account in darormining the heating value of the gas delivered.
9. Seller will make available to Buyer, upon request, a compositional analysis
.
of gas delivered by Seller to Buyer at the point of delivery hereunder.
ARTICLE VIII
PRICE
1. The price payable by Buyer for the gas to be delivered hereunder shall be
determined for each Billing Month by increasing the Bass Price in effect
i
during such month, as sat forth below in paragraph 2 of this Article VIII,
16
1
1
1
f
by an amount equal to the weighted average price per Mcf, as defined In
paragraph 3 of this Article VIII, for all gas purchased by Seller during
such Billing Month; provided, however, that the price payable by Buyer for
the gas to be delivered by Seller to Buyer hereunder is subject to
adjustment for variations in the Btu hest content of the gas in the manner
and to the extent set out in Article IX hereof,
2. The Base Price per Mcf for gas to be delivered hereunder shall be as
follows:
(o), For the Contract Year beginning January 1, 1990 and ending December
31, 1990, the Base Price per Mcf shall be forty-three cents (43C)
for gas delivered and received hereunder during the Billing Months of
I
January, February, March, November and December and (ii) thirty-nine
I
cents (39C) for the Billing Months of April through October.
(b), For each Contract Year beginning on or after Janaury 1, 1991 both of
the aforesaid Base Prices shall escalate one cent (1c) on January 1
of each such Contract Year.
I
3, The weighted average price of gas purchased by Seller hereunder shall b:
determined as follows:
W. The term "weighted average price" of gas purchased by Seller shall
mean the weighted average price per one thousand (1,000) cubic feet
of all gas purchased by Seiler during the Billing Month, computed to
the nearest one-hundredth of one cent ($.0001), and shall be
determined by dividing the total dollar amount paid or accrued on
J~ Seller's books during such Billing Month for all get purchased by
Seller by the total number of thousands of cubic feet of gas purchased
by Seller during such Billing Month, adjusted to the sans pressure
17
a
base as gas sold hereunder, and shall incluee, in addition to the cost
of gas itself, all Class A Taxes, as hereinafter defined in Article
X hereof; provided, if any portion of the cost of gas (or if any Class
A Tax) which has been paid by Seller is refunded to Seller, or if
Seller is required by the terms of any gas purchase contract, or of
any agreed settlement of a disputed claim, or by a determination cr
judgement of a regulatory body or court having or asserting
jurisdiction, to make retroactive payments with respect to gas which
has been or may be purchased by Seller, or if billing corrections are
r made with respect to gas previously purchased by Seller, than such
I
payments, refunds, or corrections shall be included in Seller's
determination of the weighted average price of gas for the month
I
during which any such payments, refunds or corrections occur.
i
(b). It is recognized that so¢i of the gas delivered by Seller to Buyer
I
hereunder during any month of the term hereof may be gas previously
j
purchased by Seller which is taken from one of its underground storage
reservoirs, but such gas shall not be considered in determining the
weighted average price of gas purchased by Seller during such month;
provided, however, that gas placed in storage by Seller for later
i delivery to gayer or to other customers of Seller shall be accounted
for as gas purchased during the month in which it was actually
purchased by Seller.
4. If at any time following the execution of this Contract by the parties
hereto, Seller's standard method of determining its wei&hted average price
as described in paragraph 1(a) of Article VIII hereunder is changed from
an Hcf basis to an Wtu basis under Seller'a standard industrial contracts
i
18
t
9
f
I
as described in the Schedule of Industrial Rates-N, State of Texas, or any
replacement schedule, Seller will notify Buyer of such change and
I
incorporate that change into the method of determining Buyer's weighted
average price,
ARTICLE IZ
ADJUSTMEh7 FOR HEATING VALUE
If the weighted average heating value of the gas delivered by Seller to
Buyer during any month is less than one thousand (1,000) Stus per cubic foot,
the price payable by Buyer per Hcf of gas computed as provided in Article VIII
i hereof shall be decreased one-tenth of one percent (0,11) for each Btu below one
thousand (1,000) Btus per cubic foot; and if the weighted average heating value
1 of the gas so delivered during any month is more than one thousand (1,000) Btu•
per cubic foot, the price payable by Buyer par Hcf of gas as provided in Article
VIII hereof shall be increased ona-tenth of one percent (0.11) for each Btu above
I
one-thousand (1,000) Btus per cubic foot for such gas so delivered during such
month.
` ARTICLE Z
REIKBURSEMFNT FOR TAXES AND RENTALS
1. The term "tax" or 'taxes", as used in this Contract., shall mean any kind
or character of tax (other than ad valorem, capital stock, general property,
income or excess profits taxes), license, fee, rental or charge of any
governmental authority, including specifically, without limitation by
enumeration, any production, severance, gathering, transportation,
processing, compression, dedication, use, sales, delivery or gross receipts
tax, now or hereafter levied, assessed or made by any governmental authority
on the gas itself or on the act, right or privilege of production,
I
19
f J
severance, gathering, transportation, processing, compression, dedication,
use, sale, handling or delivery of gas which is measured by gross receipts
or by the volume, value or sales price to Seller or Buyer of the gas in
question, but shall not include any value attributable to the liquid
h
hydrocarbons in said gas; provided, however, that the term "tax" or "taxes"
' shall not be deemed to include any general franchise tax imposed on
corporations on account of their corporate existence or on their right to
do business within the State of Texas as a foreign corporation.
2. The terms "Class A Taxes", "Class B Taxes" and "Class C Taxes" as used in
this Contract shall have the following meanings, to wit:
(a). The term 'Class A Taxes" shall be construed to mean all taxes, as
herein defined, which Seller pays for the account of or by way of
reimbursement to its gas suppliers with respect to all gas purchased
by Seller.
(b). The term "Class B Taxes" shall be construed to mean all taxes, as
heroin defined, which are or may be levied upon, and/or paid by
f
I Seller, with respect to the gas sold by Seller to Buyer hereunder,
i
i, exclusive of any Class A Taxes or Class C Taxes.
(c). The term "Class C Taxes" shall be construed to mean ony license. fee,
j rental or charge which is or may be levied or imposed upon by, and/or
paid by Seller to, any governmental authority for the use of its
public streets, alleys and thoroughfares in the conduct of Seller's
business, with respect to the gas sold by Seller to Buyer hereunder
and/or the gross receipts received by Seller from the sale of gas to
Buyer hereunder, or any sales or delivery tax which is or may be
levied or imposed upon, and/or paid by Seller, with respect to the gas
20
sold by Seller to Buyer hereunder and/or the gross receipts received
by Seller from the sale of gas to Buyer hereunder, exclusive of any
Class A Taxes or Class B Taxes.
3. Buyer agrees to reimburse Seller with respect to all Class 8 Taxes and
Class C Taxes, as herein defined, which are paid by Seller with respect to
that gas sold by Seller to Buyer hereunder, including any amounts due for
Demand Charges billed hereunder.
4. It is understood and agreed that the amount of reimbursement for all
existing, new, increased, or additional Class B Taxes and/or Class C Taxes
shall be determined by applying the rote of any such tax measured by gross '
receipts, units of volume, value or sales price, to Seller's gross receipts
III hereunder or to the volume, value or sales price respectively, of the gas
1I delivered hereunder; provided, that in the event such taxes cannot be
directly related to the gas delivered hereunder or the gross receipts
received by Seller, as hereinabove provided, the amount of reimbursement
to Seller shall be in the same proportion to the volume of gas sold
{ hereunder as the total amount of such taxes is to the total volume of gas
j sold by Seller to all its customers.
I
1 S. It is understood and agreed that in the event any tax, charge or rental
for which Seller has been reimbursed
paid by buyer hereunder is
subsequently declared unlawful, Seller, upon recovery of the amount of such
unlawful tax, charge or rental, shall refund to Buyer the entire amount of I
such reimbursement or payment made by Buyer to Seller which is recovered
by Seiler; provided, however, that Seller shall not be required to make a
refund to Buyer with respect to any tax, charge or rental to recovered after
this Contract has terminated unless Seller has recovered such tax, charge
I ,
21
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{
i
or rental prior to such termination.
6. Any amounts due from Buyer to Seller as reimbursement for taxes, charges
or rentals, in accordance with the provisions of this Article X, shall be
laid by Buyer to Seller at the time and in the manner that lnvoicea for gas
delivered hereunder are payable, as provided in Article XI hereof.
ARTICLE XI
PAYMENT
1. For the purpose of billing and accounting for gas delivered hereunder, the
terms "Day, "Billing Month", and 'Contract Year' shall be as defined in
Article I hereof.
2. On approximately the tenth (10th) Day of each calendar month, Seller shall
render to Buyer at its office in Denton, Texas, statements of the amount
` of gas delivered by Seller to Buyer at the point of delivery during the
preceding Billing Month, and shall also render an invoice for the gas sold
hereunder and an allocation ate nment for all the gas so delivered. In
computing such invoice for gas sold hereunder by Seller to Buyer during any
Billing Month, the weighted average price of gas purchased by Seller during
such Billing Month, as determined in accordance with paragraph 3 of Article
j
VIII, shall be used. Buyer shall make payment to Seller at Seller's office
in Dallas, Texas for all gas delivered hereunder to Buyer during the
I
preceding Billing Month by no later than twelve (12) days from the date
Seller's statement is deposited postage prepaid in the United States mail
or in case of hand delivery, within ten (10) days from the date Seller's
statement is delivered to a representative of Buyer from a representative
of Seller.
22
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~ If Buyer should fail to pay any amount owing to Seller when the same is
due, interest thereon shall accrue at the rate of eighteen percent (181)
per annum Cram the date when such amount is dua until same is paid;
provided, however, no interest shall accrue on unpaid amounts when failure
to make payment is the result of a bons fide dispute between the parties
hereto regarding such amounts and Buyer timely pays all amounts not in
dispute. If such failure to pay continues for sixty (60) days, Seller may,
in the absence of any bona fide dispute as to the amount or the time when
same was due, suspend deliveries of gas hereunder, and the exercise of such
right shall be in addition to any and all other remedies available to
3 Seller; provided, hovaver Seller shell be entitled to suspend deliveries
If of gas hereunder in the event Buyer fails to pay any and all amounts not j
in dispute; 1
4, Each party shall have the right at reasonable hours to examine the books
Il ,
and records of the other party to the extent necessary to verify the
f accuracy of any statement, payment, calculation or determination made
E pursuant to the provisions hereof. If any such examination shall reveal,
or if either party shall discover, any error or inaccuracy in its own or
the other party's statements, payments, calculations cr determinations, then
proper adjustments and corrections shall be made as promptly as practicable
j thereafter; provided, however, that no adjustment or correction shall be
made with respect to any error or inaccuracy which occurred more than two
(2) years prior to the discovery thereof, j
5. All notices, billings, and payments provided for herein shall be in writing
and shall be deemed to be delivered (except for when actual receipt of
notice is expressly required herein) when properly addressed to the other
23
l
party as indicated below, and deposited in the United States mail, postage
prepaid.
SELLER: BUYER:
Payment. Lone Star Gas Company City of Denton, Texas
P. 0, Box 910255 Municipal Building
Dallas, Texas 75391.0255 Denton, Texas 76701
Attn: Executive Director
of Utilities
Notices* Lone Star Gas Company
301 South Harwood Street
Dallas, Texas 75201
Attn: Gas Marketing Division
f
ARTICLP. XII
TERM
Subjecc to the other tams and provisions hereof, this Contract shall
be effective from the date set forth hereinabove and shall thereafter continue
and remain in full force and effect for a period and term extending to twelve
j (12:00) o'clock midnight on December 31, 1993 and year to year theroafter until
{
i
t cancelled by either party upon one hundred and twenty (120) days prior written
i
l notice to the other party.
ARTICLE XIII
FORCE MAJEURE
1. In the event of either party hereto being rendered unable, wholly or in
part, by force majeurs to carry out its obligations under this Contract,
other than to make payments due hereunder, it is agreed that on such party
giving notice and full particulars of such force majeure in writing to the
' other party as soon as possible after the occurrence of the cause relied
on, then the obligations of the party giving such notice, so far as they
{ are affected by such force najours, shall be suspended from the inception
24
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a
i
and during the continuance of any inability so caused but for no longer 1
period, and such cause shall be as far as possible remedied with all
reasonable dispatch. The term "force majeure" as employed herein shall mean
acts of God, strikes, lockouts or other industrial disturbances, acts of
the public enemy, wars, blockades, insurrections, riots, epidemics,
landslides, lightning, earthquakes, fires, storms, floods, washouts,
arrests, orders, directives, requirements and restraints of governments and
i
r governmental agencies, either federal or state, civil and military, any
application of governmental conservation rules and regulations, civil
i
disturbances, explosions, breakage or accident to machinery or lines of
i 114 pipe, the necessity for making repairs to or alternations of machinery,
equipment or lines of pipe, breakage of transmission linca, failure of
electric equipment duo to sleet, ice or other unavoidable causes, accidents
to or failure of elarrA c substations, transformers or switching devices,
I
shortage of water, freezing of gas wells or lines of pipe, partial or entire
I 1
failure or loss of wells and/or sources of gas supply, and any other causes,
i
whether of the kind herein enumerated or otherwise, not within the control
i
of the party claiming suspension and which by the exercise of due diligence
such party is unable to prevent or overcome. Such term shall also Include
the inability to scluirs, or the delays in acquiring, at reasonable cost
and after the exercise of reasonable diligence, any servitudes, right of
way grants, permits or licenses required to be obtained to enable a party
to fulfill its oblLgation hereunder.
2. It is understood and agreed that the settlement of strikes or lockouts
I q
shall be entirely within the discretion of the party have the difficulty,
and that the above requirements that any force majeure shall be remedied
25
i
t
amount of gas which was actually curtailed for any reason, including forc~
majeure, and the details of the computation of such amount, and Buyer's
determination of the amount of such curtailment shall become final and J
binding on both parties unless protested in writing by Seller within ten it
(10) days after receipt by Seller of such notification.
4. Notwithstanding anything to the contrary contained herein (except for the
provisions of paragraph 1 of this Article XIV), in case of interruption or
curtailment of service, as provided for in this Article XIV, including
i curtailment by reason of force majeure as defined in Article XIII hereof,
f
f 1 the amount of gas which was actually curtailed during any Contract Year
shall be added to the amount of gas actually purchased and received by Buyer
during such Contract Year for the purpose of determining Buyer's credits
against the Demand Charge applicable to such Contract Year, as calculated
in accordance with the provisions of Article IV, paragraph 3(a) of this
1
Contract; provided, however, only gas curtailed under this Contract shell
receive credit against the Demand Charge fot any Contract Year of the term
hereof.
5. Buyer and Seller recognize the fact that Buyer requires one million
(1,000,000) cubic feet of gas each day for plant protection gas, and Buyer
and Seller agree that during periods of curtailment Buyer shad be allowed
to take one million (1,000,000) cubic feet per day for plant protection gas;
provided, however, that Buyer shall not be allowed to take such gas during
periods of time in which it is necessary for Seller to curtail the supply
111{ of gas to other industrial customers of Seller to the same curtailment zone
in which Buyer's Plant is located who are accorded by Seller a priority of
{ service equal to that provided to Railroad Commission of Texas Gas Utilities
f 27
I
J
.
9
f
.f
i F.
Docket No. 496 for service to "(2). Large commercial (100 Hof or more on
a peals day) and industrial requirements for pilot lighta and plant
protection gas" under category "B. Industrial Rate 1."
ARTICLE, RV
REGULATORY BODIES
1. This Contract and all operations hereunder are subject to the applicable
federal and state laws and the applicable ordinances, orders, rules and
regulations of any local, state or federal governmental authority having {
or asserting jurisdiction; but nothing contained herein shall be construed r
as a waiver of any right to question or contest any such law, ordinance,
order, rule or regulation in any forum having jurisdiction over same.
2. In the event either Buyer or Seller shall be required by a judgment or
order of any governmental authority having or asserting jurisdiction to
either pay or charge prices for gas sold by Seller to Buyer hereunder which
are higher or lower than the prices stipulated or provided for herein with
respect to gas sold by Seller to Buyer hereunder, the party adversely
affected shall have the option of cancelling this Contract upon giving the
other party written notice of its intention to do so within ninety (90) days
after the data of such judgment or order, which cancellation shall become
affective at the end of six (6) months from and after the date of such
notice.
ARTICLE ZVI
TERMINATION PRIVILECE
1. If either party hereto shal'i fail to perform any of the covenants or
{ j obligations imposed upon it under and by virtue of this Contract (except
where such failure :hall be excused under any of the provisions of this
28
91 _V;
Contract), then in such event the other party may, at its option, terminate
this Contract by proceeding as follows: rho party not in default shall
cause a written notice to be served upon the party in default, stating
specifically the cause for terminating this Contract and declaring it to
be the intention of the party giving the notice to terminate the same;
whereupon, the party in default shall have thirty (30) days after the actual
receipt of this aforesaid notice in which to remedy or remove the cause or
causes of default stated in the notice of termination, and if within said
r ] period of thirty (30) days the party in default does so remedy and remove
said cause or causes then such notice shall be nullified and this Contract.
shall continue in full force and effect, In case the party in default does
not so remedy and remove the cause of causes of default within said period
of thirty (30) days than this Contract shall terminate and become null and
void upon the expiration of said period.
II! 2. Should Buyer obtain from any court, administrative or regulatory authority
an order directing Seller to continue gas service after expiration of this
Contract, or after Seller's termination of this Contract or gas service ,
hereunder pursuant to any provision contained herein, such continued gas
service shall be at a price and upon terms mutually agreeable between buyer
I
and Seller unless said order contains a specific prohibition to the
contrary.
3. Any cancellation of this Contract pursuant to the provisions of this Article
XVI shall be without prejudice to the right of the party not in default to
collect any amounts then due it and without waiver of any other remedy to
which the party not in default may be entitled for violation of this
Contract.
29
i
ARTICLE IVII
INTRASTATE PROVISIONS
Each party warrants to the other that its facilities utilized for the delivery
and acceptance of gas hereunder are wholly intrastate facilities and are not
subject to the Natural Gas Act of 1938, as amended. As a material
representation, without which both parties would not have been willing to execute
this Contract, each party warrants to the other party that it will take no action
or commit an act of omission which will subject its facilities, this transaction,
or the other party's facilities to jurisdiction of the Federal Energy Regulatory
Commission (FERC) or its successor governmental agency under the terms of the
i
Natural Gas Act of 1938, as amended, The gas delivered and accepted hereunder
shall not have been nor shall be sold, transported or otherwise utilized in
~I
interstate commerce in a manner which will subject either party to the terms of
the Natural Gas Act of 1938, as amendad. In addition to and without excluding
any remedy the aggrieved party may have at law or in equity, the party who
i
breached the above warranties and representations shall be liable to the
aggrieved party for all damages, injury and reasonable expense the aggrieved
h
party may sustain by reason of any breach hereof. Further, should either party
perform any act, or cause any act to be performed, at any time, that results in
any gas covered hereunder becoming regulated by or subject to the jurisdiction
of the FERC or successor governmental authority under the Natural Gas Act of
1938, this Contract shall be dsemad of its own tarns to terminate on the Day
before the date of such occurrence, provided, however, such termination shall
1
never be construed to impair any right arising under this paragraph,
1
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M
ARTICLE BVIII
WARRANTY
Seller hereby vArrants to Buyer that at the time of delivery of gas hereunder
it will have good title or the right to deliver such gas, and that such gas will
be free and clear of all liens and adverse claims; and Seller agrees with respect
to the gas delivered by it, to indemnify Buyer against all suits, actlons, debts,
accounts, damages, costs (including attorneys' fees), losses and expenses arising
from or out of any adverse claims, relating to Seller's title, of any and all
persons to or against said gas.
ARTICLE EIZ
i
RIGHT-OP-WAY
Buyer hereby grants to Seller the right to lay and maintain pipelines and to
install metering stations and other necessary equipment at the point of delivery,
as provided for in Article VI hereof, solely for the purpose of supplying gas
hereunder, and such lines and other equipment placed by Seller at said point of
delivery shall remain the personal property of Seller, and, subject to the terms
of this Contract, may be removed by Seller at any time.
ARTICLE XX
INDEMNITY
As between the parties hereto, Seller shall be in control and in possession of
i
' gas delivered hereunder and responsible for any damages or injuries caused
thereby until the same shall have been delivered to Buyer at the point of
delivery and shall indemnify and hold Buyer harmless from any damage or injury
caused thereby while same is in Sellar's possession, except injuries and damages
which shall be occasioned proximately by the negligence of Buyer. After such
delivery of gas at the point of delivery hereunder, Buyer shall be deemed to be
v
31
1
wx
in exclusive control and possession thereof and responsible for any injuries or
damages caused thereby, and shall indemnify and hold Seller harmless from any
damage or injury caused thereby while same is in Buyer's control and possession,
except injuries and damages which shall be occasioned proximately by the
negligence of Seller.
ARTICLE XXI
WAIVER OF BREACH
No waiver of either party hereto of any one or more breaches, defaults or r
right(s) under any provisions of this Contract shall operate or be construed as
a waiver (continuing or otherwise) of any other breaches, defaults or right(s),
whether of a like or of a different character.
i
ARTICLE XXII
ASSIGNMENT
This Contract shall be binding upon the parties hereto and their respective
successors and assigns. All or any part of the rights or obligations of either
party hereto may be at any time assigned, but any such assignment, unless
{ accepted Li writing by the other party hereto, shall not relieve the assignor
of its obligations hereunder, in the event the assignee shall fail to perform
1 the same in accordance with the terms hereto; provided, however, consent to such
i
assignment would not be unreasonably withheld.
ARTICLE XXIII
MISCELLANEOUS
1. The captions or headings preceding the various parts of this Contract are
inserted and included solely for convenience and shall never be considered
or given any effect in construing this Contract or any part of this
III; Contract, or in connection with the intent, duties, obligations or
liabilities of the respective parties hereto,
11 32
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2. Buyer and Seller agree that this contract will be construed according to
the laws of the State of Texas.
3. This Contract constitutes the entire agreement between the parties covering
the subject matter hereof, and there are no agreements, modifications,
conditions or understandings, written or oral, expressed or Implied,
pertaining to the subject matter hereof which are not referenced or
contained herein.
F 4. Nothing contained in this Contract shall prevent Seller from (1) terminating
or allowing the termination or expiration of any of its existing or future
' gas supply contracts, or (ii) entering into any amendment, modification,
renewal, extension or replacement of, or any accord and satisfaction under,
f any existing or future gas purchase contract or contracts between Seller
and its gas suppliers.
IN WITNESS WHEREOF, this Contract has been executed in duplicate
originals by the parties hereto on the day and year first herein written.
ATTEST: SELLER;
LANE STAR CAS COMPANY,
a Division of ENSERCH CORPORATION
i By:
j 0. H. Lyons
Vice President
ATTEST: BUYER:
1
CITY OF DENTON, TEXAS
Sy;
C
i
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Fr low
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THE STATE OF TEXAS(
COUNTY OF DALLAS
BEFORE ME, thm undersigned authority on this day personally appeared G.
M. Lyons, Vice President of LONE STAR GAS COMPANY, a division of ENSERCH
CORPORATION, a Texas corporation, known to me to be the person and officer whose
name is subscribed to the foregoing instrument and acknowledged to me that he
executed the same for the purposes and consideration therein expressed, in the
capacity stated, and as the act and deed of said corporation.
Given under my hand and seal of office this _ day of '
19`
i
Notary Public in and for the Stets
of Texas. My commission expires
THE STATE OF TEXAS{
COUNTY OF DALLAS {
BEFORE ME, the undersigned authority on this day personally appeared
a municipal
` corporation, known to me to be the parson and officer whose name is subscribed
to the foregoing instrument and acknowledged to as that he executed the same for
the purposes and consideration therein expressed, in the capacity stated, and
as the act and deed of said corporation.
Given under my hand and seal of office this , day of
19_...
Notary Public in and for the Stata
of Texas. My commission expires
1
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December 19, 1981
CITY COUNCIL AGENDA ITEM
i
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
` FROM: Lloyd Harrell, City Manager
SUBJ: CONSIDER ORDINANCE APPROVING THE LONE STAR GAS TRANSPORTATION
CONTRACT
' RECOMh1ENDATION:
The Public Utilities
to the City BBoard, a approval of subject contract 4and lwi8ll
meeting eceer 19, efurnishedBCouncil
Minutes reconsidering December t19, at their
at their evening meeting.
SUMMARY/BACKGROUND:
The Lone Star Gas Transportation Agreement provides shipment of up to
30,000 MCF per day from any designated supplier in Texas to Denton is
s than 5,000
plant at a rce of MCF/day, and iOi16/nmbtu $0.21/mm if vo umes exceed) 5,UOO MCF/day,
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FISCAL IMPACT:
The City presently receives approximately 35% of its power
requirements from gas generation. The cost of fuel has an effect on
our economic dispatch ii.e „ split the savings) as well as gas used
in our plant. We estimate 17.9 million for gas generation this
fiscal year, and about $11.3 million by 1993 due to an increase in
both price and quantity of natural gas.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
i City of Denton, Texas Municipal Power Agency, Texas Municipal Power
Pool, Lone Star Gas, power production costs. J
Respe ully sybmi d,
oy arre y
Manager
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CC Agenda Item
Page 2
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Prepared by~
n une, uper nt eft
Electric Production
A ro , y
R. E. z ti>✓
Nelson, xecu eve rector
Department of Utilities
Exhibit I Lone Star Gas Transportation Contract
II Ordinance
III PUB Minutes of May NO 1989
IV PUB Minutes of Decenbrr 19, 1989, to be provided at meeting
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EXCERPT
Public Utilities Board Minutes
May 24, 1989
8. REVIEW LONE STAR GAS CONTRACTS
Nelson Introduced Paul Brietzman, Gas Consultant, and Jim Thune.
Superintendent of the Power Plant. He then proceeded to review the
main points of the four gas contracts:
a. Lone Star Gas Sales C..ntract
b. Lone Star Gas Transportation Agreement
c. Lone Star Transfer of Gas Agreement
d. Enserch Gas Sales Contract
Nelson stated that, although Denton got better concessions than ever
before from Lone Star Gas, the Board needs to be well cognizant of
the fact that there are going to be times when Denton's contract
price is not going to be as good as Bryan's or Garland's.
Brietzman gave a short presentation. After general discussions,
Frady made a motion to recommend to the City Council approval of the j
four contracts upon Legal Department review and acceptance. Second
by Thompson. All ayes, no nays, motion carried,
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6515U:13
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ORDINANCE NO.
AN ORDINANCE AWARDING A CONTRACT FOR THE TRANSPORTATION OF GAS TO
LONE STAR GAS COMPANY; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City has solicited, received and taFulated com-
petitive sealed proposals for the transportation of gas in accord-
ance with the procedures of state law and City ordinances; and
WHEREAS, the City Manager has reviewed and recommended that the
proposal of Lone Star Gas Company is the lowest responsible pro-
posal 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 transportation of
gas; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the proposal of Lone Star Gas Company is here-
by accepted approved as being the lowest responsible proposal
for the items set forth in the proposal.
SECTION I1. That the City Manager is hereby authorized to
execute a contract with Lone Star Gas Company for the transporta-
tion of gas under tha conditions set forth therein, a copy of
which is attached hereto and incorporated by reference herein.
SECTION III. That by the acceptance and approval of the above
proposal, the City Council hereby authorizes the expenditure of
funds therefor in the amount and in accordance with the written
t contract made pursuant thereto.
SECTION IV. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of , 1989.
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ATTEST;
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APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
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BY:
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CAS TRANSPORTATION AGREEMENT
THIS AGREEMENT, made and entered into the 1st day of January, 1990 to be
effective with the date of initial deliveries hereunder, by and between LONE
STAR CAS COMPANY, a Division of ENSERCH Corporation, a Texas corporation,
hereinafter referred to as "Transporter" and CITY OF DENTON, a municipal
corporation, hereinafter referred to as "Shipper";
~ITtiE~SETti~
' WHEREAS, Shipper owns or contras certain quantities of natural gas and
desires that Transporter (a) receive gas from Shipper (or its designee) at the
Point(s) of Receipt hereinafter set forth and (b) deliver equivalent
quantities of gas to the Point of Delivery hereinafter sat forth; and
WHEREAS, Transporter owns and operates a pipeline system and is willing to
transport gas for Shipper under the terms and conditions hereinafter set forth;
NOW, THEREFORE, for and in consideration of the mutual covenants and
conditions heroin contained. Transporter and Shipper hereby agree as follows,
ARTICLE I.
QUANTITY
1.1 Shipper represents that from time to time it may desire far
Transporter to receive and deliver gas at the points hereinafter set forth in
quantities as agreed to by the parties. It is agreed that the volume of gas to
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be transported under this Agreement will not exeeed a daily volume of twenty-
five thousand (25,000) Hof unless mutually agreed to by the parties hereto.
4 Transporter's obligation to deliver gas to Shipper under any and all agreements
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between Transporter and Shipper, including but not limited to this Agreement,
shall not exceed a daily volume of thirty thousand (30,000) Hof. It is further
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hereby agreed that the calculation of all quantities of gas received and
delivered hereunder shall. for all purposes, including, but not limited to.
payment and determination of imbalance ar,d retention volumes, be on an MMBtu
basis. Transporter's receipt and delivery of such gas transportation volumes
will be done on a best efforts basis subject to Transporter's existing or
future pipeline capacity, system transmissibility and operating capabilities;
and Transporter may refuse to transport gas hereunder if in the reasonable
opinion of Transporter to do so would adversely affect Transporter's sales
` service to residential and commercial customers and other priorities of sales
service established by the Railroad Commission of Texas, or any successor
i thereto, Transporter will in good faith endeavor to receive and deliver such
gas and will not arbitrarily and capriciously refuse to transport gas on behalf
of Shipper hereunder.
1.2 It is recognized that a day-to-day balance of gas received by
Transporter and delivered to Shipper may not be possible due to the inability
of the parties to control precisely such recslpts or deliveries, However,
Transporter, to the extent practicable, will deliver to Shipper each day a
quantity of gas equivalent to ninety nine percent (991) of the quantity of gas
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j received by Transporter from Shipper (or its designee). Transporter shall
retain the one percent (11) balance of the quantity of gas received as normal
gas lost, gas used as fuel and gas used in day-to-day pipeline operations (the
"Retention Volume"). An imbalance shall exist hereunder where there is a J
numerical difference between the quantity of gas delivered by Transporter to
Shipper; exclusive of (i) the total of the volumes of gas delivered under the
1 Cas Sales Contract between Transporter and Shipper dated January 1, 1990,
(hereinafter referred to as the "Gas Sales Contract') (ii) the total of any
volumes of gas delivered by Transporter to Shipper at the Point of Delivery
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specified herein, under transportation agreements between Transporter and other
third parties, and (iii) the Retention Volume; and the quantity of gas received
by Transporter from Shipper (or its designee) during any month, and any such
imbalance shall be corrected insofar as practicable during the month following
the month in which it occurs; provided, however, should Shipper fail, by the
end of any month of the term hereof to make up a prior month's imbalance due
Transporter, the cumulative imbalance, as hereinafter defined, owed Transporter
by Shipper shall be deemed to be sold to Shipper by Transporter in accordance
with the terms and conditions of the Gas Sales Contract during the most recent
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Billing Month, and thereafter such cumulative imbalance shall be accounted for
and construed for all purposes as gas sold under the Gas $else Contract, For
the purposes of this paragraph, the term "cumulative imbalance" shall mean the
sum of (i) sny imbalance due Transporter and carried forward from an
immediately preceding month to the next succeeding month, plus (Ii) any
imbalance due Transporter based on the delivery and receipt of gas hereunder
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I 1.3 At least two (2) working days prior to the first calendar day of each
month during the term hereof, Shipper and/or its designee shall notify
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Transporter of the volumes of gas Shipper nominates for transportation at each
active Receipt and Delivery Point under this Agreement. Each such
transportation nomination shall contain Shipper's nominated maximum quantities
for each applicable Receipt and Delivery Point, designation of the appropriate
contract(s) covering such gas, and the identity by name and telephone number of
indLvidual(s) who have authority to confirm the nominated gas volumes at each
Receipt and Delivery Point. Timely nominations may be given by verbal notice;
provided, however, Shipper shall furnish written confirmation thereof within
five (S) business days of the date of such verbal notice, Shipper and/or its
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designee may revise nominated quantities on any business day upon verbal
notice of any such reduction of nominated quantities. Such verbal notice must
be received by Transporter prior to 12;00 noon Dallas time of any business day
to be effective the next succeeding business day. If Shipper and/or Its
designee does not furnish transportation nominations as required herein for
any month during the term hereof, Transporter may interrupt transportation
service hereunder for such month and such interruption of service shall not
prevent enforcement by Transporter of any other of its legal rights or remedies
nor be construed as a breach of Transporter's obligations hereunder. If
Shipper and/or its designee does not nominate any transportation volumes as
foresail for twelve (12) consecutive months during the term hereof,
Transporter, upon thirt
E y (30) days prior written notice to Shipper, may
terminate this Agreement and all rights and obligations hereunder; provided,
however, the obligation to make payment for monies due hereunder shall not be
extinguished. Shipper shall be entitled to assign any or all such nomination
obligation(s) to a third-party ("Shipper's designee") upon thirty (30) days
j prior written notice to Transporter.
ARTICLE II.
LOCATIONS CF POIBTC OF BPI"' -AND DELIVER
j 2.1 Receipt Point: Cos delivered by Shipper (or its designee) to
Transporter hereunder shall be delivered at points which are sometimes herein
referred to as the "Receipt Point(s)" or "Point(s) of Receipt" and which are
specifically sat forth and identified in Exhibit "A", entitled "Transporter
f Receipt Point(s)", which is attached hereto and is hereby incorporated in this
` Agreement and made a part hereof for all purposes. It is agreed that
additional points to be established hereunder, pursuant to paragraph 2.3, will
j be subject to Transporter's approval which shall not be unreasonably withheld.
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2.2 Delivery Point: Gas transported by Transporter hereunder shall be
delivered to Shipper (or for its account) where gas first passes from
Transporter's metering equipment into Shipper's Spencer Steam Electric Station
in Denton, Texas (sometimes herein referred to as "Point of Delivery") or other
points as provided in the Transfer of Gas Agreement between Transporter and
Shipper dated January 1, 1990,
2.3 Additional Points: It is understood by both parties that Shipper and
Transporter may mutually agree in writing to establish other Receipt Points
hereunder; provided, however, Transporter shall not be obligated to establish
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new Receipt Points more frequently than once every two (2) months, unless due
to circumstances beyond Shipper's control Shipper (or its designee) is unable
to supply gas to the original Receipt Point(s) hereunder. In such event, and
upon receipt by Transporter of documentation satisfactory to Transporter
verifying s ch event and Shipper's inability to remedy same, Transporter may,
in its sole discretion, agree to establish an additional Receipt Point. In the
event Shipper desires that Transporter receive gas at a proposed point(s),
Shipper shall notify Transporter in writing of such proposed point(s),
including in such notics estimated maximum daily delivery volume(s) at such
point(s) and the location(s) thereof and Shipper shall therein warrant that the
quality of gas to be received at such proposed point(s) meets the quality
specifications as defined herein and that such gas and such proposed point(s)
meet the requirements of Article VI, paragraph 2 of this Agreement and all
other applicable terms and conditions contained in this Agreement, Transporter
will promptly evaluate each point and if such Receipt Point(s) is an
established Receipt Point on Transporter's pipeline system, will notify Shipper
within ten (10) working days of Transporters receipt of Shipper's notice,
unless otherwise mutually agreed to by the parties hereto, whether or not
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1 Transporter is able to accept gas from Shipper's proposed new Receipt Point(s).
If such Receipt Point(s) is not an established Receipt Point(s) on
Transporter's pipeline system, Transporter will notify Shipper within thirty
(30) days of Transporter's receipt of Shipper's notice, unless otherwise
mutually agreed to by the parties hereto, whether or not Transporter is able to
accept gas from Shipper's proposed new Receipt Point(s), In the event I
Transporter anticipates the inability to complete said evaluation within the
specified ten (10) and/or thirty (30) day periods. Transporter will promptly
notify Shipper and provide the status of and estimated completion date of the
required evaluation; provided, however, no additional Receipt Point(s) will be
established hereunder without prior written agreement between Shipper and
Transporter. Upon Transporter's agreement to establish any additional Receipt
Point(s) pursuant hereto, Exhibit "A" shall be revised to reflect the ;
additional Receipt Point(s).
ARTICLE Ill.
PRESSURES AT_ POINTS OF, RECEIPT AND DELIVERY
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3.1 Shipper and/or its designee shall deliver gas to Transporter at the J
Receipt Point(s) at pressures sufficient to enter Transporter's pipeline system
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at such point; pro•Adad, however, that Shipper's delivery pressure into
E Transporter's system at the Receipt Point(s) shall not exceed Transporter's
`---`i maximum allowable operating pressure at any such point,
3.2 Transporter shall deliver gas to Shipper at Transporter's operating
pressure at the Delivery Point; provided, however, Transporter shall not bs
obligated to delivery gas at a pressure in excess of seventy five (75) psig
into Shipper's Spencer Steam Electric Station in Denton, Texas.
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ARTICLE IV
RATES
4,1 Shipper shall pay Transporter for services rendered hereunder at the
rates set forth below commencing with initial deliveries of gas hereunder,
(a) If during any Billing Month Shipper delivers hereunder, at the
Receipt Points, an average volume of gas less than five thousand (5,000)
Mcf per day during such Billing Month, the fee charged hereunder shall be
twenty one cents (21C) for each MMBtu delivered hereunder at the Delivery
Point, after allowing one percent (11) reduction in such delivered
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volumes for gas lost and unaccounted for, gas used as fuel, and gas used
I in day to day pipeline operations pursuant to Article I, paragraph 1,2,
(b) If during any Billing Month Shipper delivers, hereunder, at the 1
Receipt Points, an average volume of gas greater than or equal to five ,
thousand (5,000) Mcf per day, the fee charged hereunder shall be sixteen
f! cents (16C) for each MMBtu delivered hereunder at the Delivery Point,
I after allowing one percent (11) reduction in such delivered volumes for
as lost and unaccounted for, gas used as fuel, and gas used in day to day {
pipeline operations pursuant to Article I, paragraph 1,2,
(c) It is agreed by the parties hereto that the fees charged in
paragraphs (a) and (b) above shall escalate one cent (1C) per MMBtu 1
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beginning on January 1, 1991, and annually thereafter during the term of
this Agreement. ,
(d) It is' understood and agreed by th. parties that the rates provided
for herein have been reached through arms length negotiations and that
neither party had an unfair advantage during the negotiations thereof.
However, should the appropriate regulatory agency find such rates to be
unreasonable for any reason or in any way in violation of any provision of
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ate to extinguish the obligation to make payment for
Agreement shell never oper
monies due hereunder.
5,2 In the event that on or before. January 1, 1991, deliveries of gas for
transportation hereunder have not commenced, then in such event and
thereafter, until such deliveries are tendered and accepted, Transporter may
cancel this Agreement by giving Shipper thirty (30) days' prior written notice
of such cancellation,
ARTICLE VI.
LAWS
6.1 This Agreement shall be subject to all applicable State and Federal
laws, and orders, directives, rules and regulations of any governmental body,
offictsl or agency having jurisdiction.
warrants to the other that its or its agent's facilities
6.2 Ee.h party
utilized for the delivery and acceptance of gas hereunder au wholly intrastate
facilities and are not subject to the Natural Gas Act of 1938, as heretofore
amended. As a material representation, without which both parties would not
have been willing to execute this Agreement, each party warrants to the other
party that it will take no action nor commit any act of omission which will
subject its facilities, this transaction or the other party's facilities, to
jurisdiction of the Federal Energy Regulatory Commission or its successor
governmental agency under the terms of the Natural Gas Act of 1938, as amended.
The gas delivered and accepted hereunder .hall not have bean not shall be sold,
transported, or'otherwise utilized in interstate commerce in a manner which
will subject either party to the terms of the Natural y as Act Of 1936,
party
emended. In addition to and without excluding any tamed the aggrieved
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may have at law or in equity, the party who breaches tho above warranties and
~ representations shall be liable to the aggrieved party for all damages, injury
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and reasonable expense the aggrieved party may sustain by reason of any breach
hereof. Further, should either party perform any act, or cause any action to
be performed, at any time, that results in any gas covered hereunder becoming J
regulated by or subject to the jurisdictional consequences of the Natural Cas p
Act of 1938, as amended, or successor governmental authority contrary to this
agreement, this agreement shall be deemed of its own terms to terminate on the
day aefore the date of such occurrence; provided, however, such termination
shall never be construed to impair any right under this paragraph.
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ARTICLE VII.
GENE:LAL TER,K< AND CONDITIONS
7.1 The GENERAL TERMS AND CONDITIONS attached hereto as APPENDIX W are
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incorporated herein and made a part hereof by this reference. 1
ARTICLE VIII.
tiISCELIANEOLtg
i 8.1 This Agreement shall be binding upon and inure to the benefit of tha
M parties hereto and their respective successors and assigns; provided, however,
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that this Agreement shall not be transferred or assigned by either party
I without the prior written consent of the other party, which shall not be
1 unreasonably withheld. Any purported transfar or assignment without such
consent shall be null and void and shall not operate to release the transferror J
or assignor from its obligations hereunder.
8,2 Any notice, request, demand, statement or payment provided for In
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this Agreement may be given In writing directed to the party to whom given and
mailed or delivered at such party's address as follows;
City of Denton
Municipal Building
Denton, Texas 76701
Attn: Executive Director of Utilities
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(Notices) (Fayments)
Lone Star Gas Company Lone Star Gas Company
301 S, Harwood Street P.O. Sox 910255
Dallas, Texas 75201 Dallas, Texas 75391.0255
ATTN: Transportation Department
or at such address as each party may by like notice give to the other. Such
mailed n-itices shall be deemed to have been given when deposited in the United
States mail (first class, registered or certified), postage prepaid, or in the
case of hand delivery, when accepted by a representative of either party from a
representative of the other party,
8.3 This Agreement constitutes the entire agreement between the parties ,
covering the subject matter hereof, and there are no agreements, modifications,
conditions or understandings, written or oral, express or implied, pertaining
to the subject matter hereof which ate not contained herein,
8.4 Modifications of this Agreement shall be or become effective only
upon the mutual execution of appropriate supplemental agreements or amendments
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hereto by duly authorized reprecentatives of the respective parties.
` ACCEPTED AND AGREED to this day of 1989.
LANE STAR GAS COMPANY, a Division CITY OF DENTON
of ENSERCH Corporation
I By By
V. F. Voidler, Jr.
Title Vice President Title a
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Attest: Attest:
By By
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[ STATE OF
COUNTY OF
BEFORE ME, the undersigned authority, a Notary Public in and for said
County and State, on this day personally appeared
of a corporation, known to
me tI be the person whose name is subscribed to the foregoing instrument, and
acknowledged to me that he executed the same for the purposes and consideration
therein expressed, in the capacity therein stated, and as the act and deed of
said corporation.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of
A.D., 19_
Notary Public in and for
County,
I My commission expires the
day of _ 19
STATE OF TEXAS
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COUNTY OF DALLAS
SEFORE ME, the undersigned authority, a Notary Public in and for the
State of Texas, on this day personally appeared W. F. Waidlar. Jr. Vice J
President of LANE STAR GAS COMPANY, a Division of ENSERCH Corporation, a Texas
corporation, known to me to be the person whose name is subscribed to the
foregoing instm sent, and acknowledged to me that he executed the same for the.
purposes and consideration therein expressed, In the capacity therein stated,
and as the act and deed of said corporation. +
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GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of
A.D. 19_ 1
Notary Public in and for
the State of Texas
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APPENDIX "A"
GAS TRANSPORTATION AGREEMENT
GENERAL TERMS AND CONDITIONS
1, Definitions
(a) "Gas" shall mean natural gas produced from gas wells, vaporized
natural gas liquids, gas produced in association with oil (casinghead gas)
and/or the residue gas resulting from processing casinghead gas and/or gas
well gas.
(b) "Day" shall mean the 24-hour period beginning at 7:00 a.m., „ Dallas
time, on one calendar day and ending at 7:00 &.i s., Dallas time, on the
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following calendar day.
(c) "Month" or "Billing Month" shall mean the period beginning at 1:00
a.m., Dallas time on the first day of a calendar month and ending at 7:00 a.m. ,
Dallas time, on the first day of the succeeding calendar month.
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i (d) "Year" shall mean a period of twelve (12) consecutive months
beginning at 7:00 a.m., Dallas time, on January 1 of each calendar year of the
term hereof and ending at 7:00 a.m, Dallas time, on the same date of each
succeeding year during the term hereof.
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(a) "Mcf" shall mean one thousand (1,000) cubic feet.
(f) The term "Btu" as used herein chall mean British Thermal Unit and,
where appropriate, the plural thereof. The term "Mlibtu" shall mean one million
(1,000,000) Btu,
(g) "Heating Value" or "Meat Content" shall mean the total heating value
f 1 expressed in Btu par cubic foot (gross heating value) of ttia gas delivered
hereunder, and shall be determined at a temperature ,of sixty (60) degrees
Fahrenheit, saturated with water vapor and under a pressure equivalent to that
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of thirty (30) inches of mercury at thirty-two (32) degrees Fahrenheit
converted to base conditions of sixty (60) degrees Fahrenheit and an absolute
pressure of fourteen and sixty-five one hundredths (14.65) pounds per square
inch and adjusted to reflect actual water vapor content.
(h) "Psis" shall mean pounds per square inch absolute,
(i) "Psig" shall mean pounds per square inch gauge.
(j) "Point of Receipt" or "Receipt Point" shall mean the point(s) where
Transporter receives gas delivered to it by Shipper or by the designee of
! Shipper for Shipper's account.
(k) "Point of Delivery" or "Delivery Point" shall mean the point where
Transporter delivers gas to Shipper.
2. Ma_ ssuring Equipment and Testins
(a) The gas delivered to Transporter at the Receipt Point(s) shall be
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j installed, operated and maintained by Transporter (or its designee) and gas
I delivered to Shipper (or for its account) at the Delivery Point shall be
measured by meters of standard type which shall be installed, operated and
maintained by Transporter (or its dsaignes). Measurement devices and equipment
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shall be tested and adjusted for accuracy on a regular schedule by the party
metering the gas ( the "metering party").
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(b) Shipper agrees to reimburse Transporter, within ten (10) days from
the date of receipt of Transporter's invoice, for any tap valves, motoring
facilities and associated equipment and all labor and overhead expenses,
attributable to the installation of such equipment, incurred by Transporter in
effectuating the receipt and delivery of gas hereunder. If the invoiced amount
is not paid when due, interest on all unpaid amounts shall accrue at the rate
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SHEET NO. 3
of one and one-half percent (141) per month from the date such amount is due
Transporter; provided, however, no interest shall accrue on unpaid amounts when
failure to make payment is the result of a bona fide dispute between the
parties hereto regarding such amounts and Shipper timely pays all amounts not
in dispute. Failure of Transporter to receive total reimbursement, for any
amounts not in d;Nputs, within thirty (30) days of Shipper's receipt of
F Transporter's invoice will allow Transporter to suspend and/or terminate this
Agreement. It is understood that although Shipper shall reimburse Transporter
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for any tap valves, metering facilities and all associated costs incurred by
Transporter in establishing any Receipt and/or Delivery Point(s), Shipper shall
receive ownership of only the metering facilities and Transporter will be
solely respcnsible for all activities in connection with said metering
facilities, including, but not limited to, operation, testing, calibration,
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adjusting, repair and replacement (at Shipper's expense), and maintenance,
f necessary for performance hereunder until Transporter disconnects and removes
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f the metering facilities within a reasonable time after termination of this
I Agreement. After said disconnection and removal, Shipper will have the right
within a reasonable period of time thereafter to pick up the metering
facilities from Transporter, Shipper's failure to to claim the metering
facilities within ninety (40) days of Transporter's notice to Shipper of the
disconnection and removal thereof, shall constitute a waiver by Shipper of any
right, title or interest in and to such metering facilities and all right,
title and interest therein shall thereafter vest in Transporter. Transporter
shall retain ownership of all equipment associated with the tap and tap valve
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installation, Notwithstanding the above, if adequate metering facilities are
already in existence at the Receipt and/or Delivery Points hereunder, such
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SHEET NO. 4
existing metering facilities shall be used and the party having title to such
facilities shall retain title to such facilities,
(c) The other party shall have access to the metering party's metering
equipment at all times, but the maintenance, calibration and adjustment thereof
shall be done only by the employees or agents of the metering party. Records
from such metering equipment shall remain the property of the metering party
and shall be kept on file by said party for a period of not less thin three (3)
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years. However, upon request of the other party, the metering party shall
make available to the other party volume records from its metering equipment,
together with calculations therefrom, for inspection and verification, subject
to return by the other party to the metering party within thirty (30) days
after receipt thereof.
(d) The other party may, at its option and expense, install and operate
meters, instruments and equipment, in a manner which will not interfere with
the metering party's equipment, to check the metering Party's meters,
instruments and equipment, but the measurement of gas for the pu%poss of this
Agreement shall be by the metering party's meter only, except as hereinafter
specifically provided. The meters, check meters, instruments and equipment
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Installed by each pony shall be subject at all reasonable times to inspection
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or examination by the other party, but the calibration and adjustment thereof
shall be done only by the installing party,
(a) Each party shell give to the other party notice of the time of all
tests of meters sufficiently in advance of such tests so that the other party
may conveniently have its representatives present;
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either party has given such notice to the other party and such other party is
not present at the time specified, then the party giving the notice may proceed
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SHEET NO. 5
with the test as though the other party were present.
(f) Meter measurements computed by the metering party shall be deemed to
be correct except where the meter is found to be inaccurate by as much as one
percent (11), fast or slow, or to have failed to register, in either of which
cases the metering party shall repair or replace the meter. The quantity of
gas delivered while the meter was inaccurate or failed to register shall be
determined by the readings of the other party's check meter, if installed and
in good operating condition, or by correcting the error if the percentage of
f error is ascertainable by calibration or mathematical calculation. If not so
j ascertainable, then it shall be determined by estimating the quantity on a
basis of deliveries under similar conditions when the meter was registering
accurately. Such adjustments or correction shall be made only for one-half (y) j
of the period between the test in which the inaccuracy was discovered and the
previous test for accuracy; provided, however, such adjustment or correction
period shall not exceed ninety (90) days,
3, Measurements
(a) In gas measurement computations, the metering party may use the
findings and rules of the Railroad Commission; with respect to flowing
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temperature, the metering party shall at its expense properly install and
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operate a device of standard make to continuously determine or record flowing
temperature. With respect to specific gravity, such shall be determined by
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"on•site• sampling and laboratory analysis or any other mutually agreeable
method which is of standard industry practice (provided, however, that either
party may at its expense properly install and operate a recording specific
gravity instrument of standard make and in this event the specific gravity as
recorded shall be used).
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' SHEET NO. b
(b) the meters for measurement of volumes at the Receipt Point(s) and
Delivery Point hereunder shall be installed and operated, and computations
shall be made, in accordance with current Industry standards. She unit of
measurement of gas shall be one thousand (1,000) cubic feet at a pressure base
of fourteen and sixty-five one hundredths (14.65) pounds per square inch
absolute and at a temperature base of sixty (60) degrees Fahrenheit. Motor
measurements shall be computed by the measuring party into such units in
accordance with the Ideal Gas Laws for volume variations due to metered
pressure and corrected for deviation using daily averages of recorded specific
gravity and flowing temperature, or by using the calculated specific gravity
determined by the method mentioned in paragraph (c) below.
(c) The daily average heating value and specific gravity of the gas
delivered hereunder by either party may be determined by the use of BTU
recording instruments of standard type, which may be installed and operated by
the metering party at the metering point, or at such other point or points as
are mutually agreeable to both parties; provided, however, if there is no BTU
recording instrument at a particular receipt or delivery point specified herein
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or agreed upon hereunder, then the heating value and specific gravity of the
gas at such point may be determined by "on-site" sampling and laboratory
analysis or any other mutually agreeable method which is of standard industry
practice.
(d) The' daily average meter pressure, specific gravity, flowing
temperature and heating value shall be determined only during pariods of time
when the gas is actually flowing.
4. Quality
(a) Each party shall deliver to the other party hereto natural gas which
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SHEET NO, 7
is of merchantable quality and is commercially free from water, other
objectionable fluids, sand and other objectionable solids or gas components and
which contains (i) no oxygen, (ii) not more than five (5) grains of total
sulphur consisting of not more than one quarter (k) grain of hydrogen sulphide
and one (1) grain of mercaptan sulphur per one hundred (100) cubic feet of gas,
(iii) not core than three percent (31) by volume of carbon dioxide, and (iv)
not more than seven pounds (7e) of water vapor per one million (1,000,000)
cubic feet of gas. The gas shall be at temperatures not in excess of one
hundred twenty (120) degrees Fahrenheit nor less than forty (40) degrees
Fahrenheit and shall hew a heat content of not less than nine hundred fifty
(950) or more than eleven hundred fifty (1,150) British Thermal Units per cubic
foot under the conditions of measurement contained herein. Transporter shall
not be obligated to accept any gas delivered by Shipper (or its designee)
hereunder which is not interchangeable with other gas in Transporter's pipeline
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at the Point(s) of Receipt hereunder, Transporter's determination of such
interchangeability shall be based upon a factor which is equivalent to the
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quotient obtained by dividing the total heating value of such gas, expressed in
BTU'a, by the square root of the specific gravity of such gam, Such factor j
must be within t7% of the interchange factor to calculated by Transporter for
the gas in its system at the Receipt Point(s) hereunder.
(b) if at any time the gas fails to most the quality specifications
enumerated herein, the party receiving such gas shall notify the party
delivering such gas, and the delivering party shall immediately correct such
failure, If the delivering patty is unable or unwilling to deliver gas
according to such specifications, the party receiving such gas may refuse to
{ accept delivery of gas hereunder for so long as such condition exists,
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SHEET NO. 8
S. Taxes
(a) Shipper agrees to pay Transporter, by way of reimbursement, all J
Taxes levied and imposed upon Transporter with respect to the transport of gas I
and associated facilities related to the performance of this Agremment. If any ii
such Taxes levied and imposed upon Transporter by any governmental authority
are calculated based upon the value or sales price of the gas transported
hereunder, Shipper shall disclose to Transporter the value or sales price of
such gas to enable Transporter to calculate and pay all such fees and taxes to ,
appropriate governmental authorities in a timely manner, If Shipper fails or
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refuses to disclose the value or sales price of such gas, Transporter shall
j have the right to terminate this agreement by giving Shipper ten (10) days' ,
prior written notice and Shipper hereby agrees to indemnify and hold
Transporter harmless from and against any and all claims, demands, losses or
expenses, including attorneys' fees, which Transporter may occur as a result of
Shipper's failure or refusal to disclose the value or sales price of gas
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(b) The term "Taxes" as used herein, shall mean all taxes levied upon
and/or
paid by Transporter (other than ad valorem, capital stook, income or
excess profit taxes, except as provided herein, general franchise texas 1
Imposed on corporations on account of their corporate existence or on their
right to do business within the state as a foreign corporation and similar
taxes), including, but not limited to, gross receipts tax, street and alley
rental tax, licenses, fees and other charges levied, assessed or made by any
j governmental authority on the act, right or privilege of transporting,
handling or delivering gas, where such taxes are based upon the volume, heat
content, value or Was price of the gas, or transportation fee
' payable
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SHEET NO. 9
hereunder.
6. Billing. Accgunttna and Reports
(a) On approximately the 15th day of each month, Transporter shall render
to Shipper a statement for the preceding month showing the Mcf and MMBtu
delivered at the Receipt Point(s) and Delivery Point; the amount of
compensation due to Transporter hereunder, including the tax reimbursement; and
other reasonable and pertinent information which is necessary to explain and
support same and any adjustments made by Transporter in determining the amount
billed.
(b) Shipper shall pay Transporter within twelve (12) days from the date
Transporter's statement is deposited postage prepaid in the United States nail
M or in the ease of hand delivery, within ten (10) days from the date
Transporter's statement is delivered to a representative of Shipper from a
representative of Transporter, for gas transported hereunder during the
preceding month, or as to payment which is otherwise due hereunder, according
to the measurements, computations and rates herein provided. Transporter
hereby agrees, however, that Shipper may pay any such statement by bank win
transfer by directing the bank wire transfer to Lone Star Gas Company at Texas
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Commerce Bank, Dallas, Texas, ABA No, 111001150, for deposit to Lone Star Cos
Company Account No, 05805016795. To assure proper credit, Shipper should
designate the company name, invoice number and amount being paid in the
Fedwire T.xt Section. If the invoiced amount of any payment due is not paid
when due, interest on all unpaid amounts shall accrue at the rate of one and
one half percent (141) per month from the date such amount is due Transporter;
provided, however no interest shall accrue on unpaid amounts when failure to
f make payment is the result of a bona fide dispute between the parties hereto
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SHEET NO. 10
regarding such amounts and Shipper timely pays all amounts not in dispute.
(c) Each party hereto shall have the right at all reasonable times to
examine the measurement records and charts of the other party to the extent
necessary to verify the accuracy of any statement, charge, computation or
demand made under or pursuant to any of the provisions in this Agreement. If
any such examinations reveal or if either party should discover any inaccuracy
in such billing theretofore made, the necessary adjustments in such billing and
payment shall be made; provided, that no adjustments for any billing or payment
small be made for any inaccuracy claimed after the lapse of two (2) years from
the rendition of the invoice relating thereto.
7. EW..I;sibility
Shipper shall be deemed to be in control and possession of the gas until
such gas shall have been delivered to Transporter at the Receipt Point(s) and
after such gas shall have been delivered at the Delivery Point. Transporter
f shall be deemed to be in control and possession of the gas after receipt of the
I gas at the Receipt Point(s) and until such gas shall have been delivered to
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Shipper (or for its account) at the Delivery Point. Each party shall have
responsibility for gas handled hereunder, or for anything which may be done;
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happen or arise with respect to such gas, only when such gas is in its control
and possession as aforesaid. Each party shall be responsible for any damage or
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injuries caused thereby until the some shall have been delivered to the other
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party at the Receipt Point(s) or Delivery Point, except injuries and damages
I 31 which shall be occasioned solely and proximately by the negligence of the
receiving party.
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8. Warranty
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Each party hereto warrants to the other that at the time of delivery of
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SHEET NO. 11
gas hereunder it will have good title or the right to deliver such gas, and
that such gas shall be free and clear of all liens and adverse claims; and
each party agrees, with respect to the gas delivered by it, to indemnify the
other against all suits, actions, debts, accounts, damages, costs (including
attorneys' fees), losses and expenses arising from or out of any adverse claims
of any and all persons to or against said gas. Title to and ownership of the
gas delivered hereunder shall pass to and vest in the party receiving the gas.
d•
9. f9pce Hajeure
(a) In the event either party is rendered unable, wholly or in part, by
force majeure to carry out its obligations under this Agreement, except the
obligation to pay monies due hereunder, it is agreed that, on such party's
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giving notice and reasonably full particulars of such force majeure, in writing
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or by telegraph, to the other party within a reasonable time after the
{ occurrence of the cause relied on, the obligations of the party giving such
notice, so far as they are affected by such force majeure, shall be suspended
during the continuance of any inability so caused, but for no longer period,
and such cause shall, so far as possible, be remedied with all reasonable
dispatch,
(b) The term "force majeure", as employed herein, shall mean acts of
Cod; strikes, lock outs or other industrial disturbances; acts of the public
enemy, wars, blockades, insurrections, civil disturbances and riots, and
epidemics; landslides, lighting, earthquakes, fires, storms, floods and
washouts; arrests, orders, directives, restraints and requirements of the
' government and governmental agencies, either federal or state, civil and
military; and application of governmental conservation rules and regulations;
explosions, breakage or accident to machinery or lines of pipe; outages
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SHEET No. 12
(shutdowns) of power plant equipment or lines of pipe for inspection,
maintenance or repair; freezing of wells or lines of pipe; the partial or
entire nonperformance of any third party transportation pipeline which is
necessary to receive and deliver gas under this Agreement; and any other
causes, whether of the kind enumerated or otherwise, not reasonably within the
control of the party claiming suspension. It is understood and agreed that the
settlement of strikes or lockouts shall be entirely within the discretion of
the party having the difficulty, and that the above reasonable dispatch shall
not require the settlement of strikes or lockouts by acceding to the demand of
the opposing party when such course is or is deemed to be Inadvisable or
inappropriate in the discretion of the party having the difficulty.
10. Waive Cif Breeches Defaul or Rigs
No waiver by either party hereto of any one or more breaches, defaults or
rights under any provisions of this Agreement shall operate or be construed as
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a waiver of any oths: breaches, defaults or rights, whether of a like or of a
different character. By providing written notice to the other party, either
party may assert any right not previously asserted hereunder or may assert its
E right to object to a default not previously protested. Except as specifically
provided herein, in the event of any dispute under this Agreement, the parties
shall, notwithstanding the pendency of such dispute, diligently proceed with
the
performance of this Agreement without prejudice to the rights of either
party.
11. Remedv for B~aa~
Except as otherwise specifically provided herein, if either
party shall
fail to perform any of the covenants or obligations imposed upon it in this
Agreement (except where such failure shall be excused under the provisions of
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SHEET NO. 13
4
Section 9 hereof), then, and in that event, the other party may, at its option
(without waiving any other remedy for breach hereof), by notice in writing
specifying wherein the default has occurred, indicate such party's election to
terminate this Agreement by reason thereof; provided, however, that Shipper's
failure to pay Transporter within a period of ten (10) days following Shipper's
receipt of written notice from Transporter advising of such failure to make
payment in full within the time specified in Section 6 hereof, shall be a
default which shall give Transporter the right to immediately terminate this
Agreement, unless such failure to pay such amounts is the result of a bona fide
dispute between the parties hereto regarding such amounts hereunder and Shipper
timely pays all amounts not in dispute. With respect to any other matters, the
party in default shall have thirty (30) days from receipt of such notice to
~ remedy such default, and upon failure to do so, this Agreement shall terminate
from and after the expiration of such thirty (30) day period. Such termination
shall be an additional remedy and shall not prejudice the right of the party
not in default to collect any amounts due it hereunder for any damage or loss
suffered by it and shall not waive any other remedy to which the party not in
default may be entitled for breach of this Agreement.
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EXHIBIT "A"
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TO
GAS TRANSPORTATION AGREEMENT
BETWEEN
LANE STAR CAS COMPANY
AND
CITY OF DENTON
Transporter Receipt Point(s)
Description Maximum Daily Vol=j
1. Lone Star's interconnection with 25,000 Mcf
Valero at Ennis (Ellis County, Texas)
2, Luna Star's interconnection with 25,000 Mcf
Mobil at Waha (Pecos County, Texas)
3. Lora Star's interconnection with 25,000 Mcf
Exxon's Katy Plant (Waller County, Texas)
4. Lone Star's interconnection with 25,000 Mcf
Palo Duro Pipeline (Nolan County, Texas)
5. Lons Star's interconnection with 25,000 Mcf
` Delhi (Denton County, Texas)
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December 19, 1989
CITY COUNCIL AGENDA ITEM
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Lloyd Harrell, City Manager
SUBJ: CONSIDER ORDINANCE APPROVING THE LONE STAR GAS TRANSFER OF GAS
CONTRACT
RECOMMENDATION:
The Public Utilities Board, at their meeting of May 24, 19890
recommended to the City Council approval of subject contract and will
be reconsidering this item at their meeting December 19, 1989. The
Minutes of the December 19, 1989, meeting will be furnished Council
at their evening meeting.
SUMMARY/BACKGROUND:
The Lone Star Gas Transfer of Gas Agreement allows Denton to have gas
delivered to other designated utilities' generating plants. Denton
can transfer to other utilities who have Lone Star contracts, up to
25% of transportation volumes at no additional charge. Transfer in
excess of 25% may be allowed at an additional rate of $0.20/mrbtu.
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FISCAL IMPACT:
The City presently receives approximately 35% of its power
requirements from gas generation. The cost of fuel has an effect on
our economic dispatch (i.e., split the savings) as well as gas used
I in our plant. We estimate 57.9 million for gas generation this
fiscal year, and about $11.3 million by 1993 due to an increase in
both price and quantity of natural gas.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
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City of Denton, Texas Municipal Power Agency, Texas Municipal Power
Pool, Lonc Star Gas, power prmduction costs.
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Respe ally submitted,
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II` Page 2
Prepared by,
c
ine, uper nt n ent
lectric Production
~--1 Approv d by
Tson, xecut ve rector
Department of utilities
Exhibit I Lone Star Gas Transfer of Gas Contract
II Crdinance
III PUB Minutes of May 24, 1989
IV PUB Minutes of December 9, 1989, to be provided at meeting
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65800:7.8 J
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` EXCERPT
Public Utilities Board Minutes
May 24, 1989 1
8, REVIEW LONE STAR GAS CONTRACTS
1
Nelson Introduced Paul Brietzman, Gas Consultant, and Jim Thune,
Superintendent of the Power Plant. He then proceeded to review the
main points of the four gas contracts:
/--1 a. Lone Star :as Sales Contract
b. Lone Star Gas Transportation Agreement
c. Lone Star Transfer of Gas Agreement
d, Enserch Gas Sales Contract
Nelson stated that, although Denton got better concessions than ever
before from Lone Star Gas, the Board needs to be well cognizant of
the fact that there are going to be times when Denton's contract
price is not going to be as good as Bryan's or Garland's.
Brietzman gave a short presentation. After general discussions,
Frady made a motion to recommend to the City Council approval of the v
four contracts upon Legal Department review and acceptance. Second
by Thompson. All ayes, no nays, notion carried.
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6575U:13
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a 2796L
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH
LONE STAR GAS COMPANY AND THE CITIES OF BRYAN, GREENVILLE AND
GARLAND FOR THE TRANSFER OF GAS; PROVIDING EXPENDITURE OF
FUNDS; AND DECLARING AN EFFECTIVE DATE.
THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS:
SECTION I. That the Mayor is hereby authorized to execute a
contract with Lone Star Gas Company and the cities of Bryan,
Greenville and Garland, a copy of which is attached hereto and
incorporated by reference herein.
` SECTION It. That the City Council hereby authorizes the
f expen ture o funds in the manner and amount as specified in the
Illl agreement.
SECTION III. 11,it this ordinance shall become effective
imme ate y upon it, passage and approval.
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i PASSED AND APPROVED this the day of ,
1989.
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ATTEST:
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FAY
JENNIFER WALTERSO CM i
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY: .
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TRANSFER OF GAS AGREEMENT
THIS ACREEHENT, made and antered into by and between the CITY OF DENTON,
a municipal corporation, hereinafter referred to as "Buyer," and LANE STAR CAS
COMPANY, hereinafter referred to as "Seller,"
WI TN . TU.
WHEREAS, Buyer and Seller have entered into a Cas Sales Contract dated
January 1, 1989 (herein 'Gas Sales Contract") and a Gas Transportation Agreement
dated January 1, 1989 (herein "Gas Transportation Agreement'); and
WHEREAS, the City of Bryan, the City of Greenville, the City of Garland
and Brazos Fuel Company, Inc., hereinafter collectively referred to as 'Cities",
own and operate the following electric generating stations: Roland C. Dansby
Power Plant, the Ray Olinger Power Plant and the Greenville Steam Power Plant.
s
Such electric generating stations and the intersection of Seller's Line X(360)
and Brazos Fuel Company, Inc.'s 12-inch pipeline near Huckabay in Erath County,
j Texas (hereinafter referred to as the 'Huckabay Point of Interconnection") are
hereinafter collectively referred to as "Other Cities' Plants;' and
1
WHEREAS, Buyer and Seller desire to enter into a 'Transfer of Cam
Agreement' as hereinafter provided;
NOW, THEREFORE, in consideration of the mutual covenants and agreements
herein contained, together with other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, Seller and Buyer do
hereby contract and agree with each other as follows:
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ARTICLE I
SUBJECT BATTER
It is agreed that from time to time Buyer may elect to take and receive
a quantity of gas that is less than the 'Maximum Daily Volume' or 'Maximum Annual
Volume" provided in the Gas Sales Contract, or the maximum daily volume provided
in the Cam Transportation Agreement, between Buyer and Seller under the terms
and conditions of such agreements and may elect instead to receive such quantity
of gas (on an equivalent MMBtu basis) at any of the Other Cities' Plants, which
f shall be hereinafter referred to as a "transfer of gas', subject to the following
I conditions;
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a. Buyer shall notify Seller by telephone through normal dispatching
procedures a reasonable amount of time in advance of its desire to
make such a transfer of gas and shall designate (i) the quantity of
gas (in MMBtu) by sales or transportation category, (ii) which of
the Other Cities' Plants that such gas will be transferred to, as
{ well as (iii) the period of time during which such transfer shall
take place.
b. Seller shall agree to such a transfer of gas except when Seller
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determines that to do so would interfere with Seller's curtailment
M program or with Seller's ability to provids adequate tervice to
customers accorded an equal or higher priority than Buyer by Seller Ia
curtailment program; provided, however, Buyer shall never receive
curtailment credit under the Gas Sales Contract for curtailment of
gas transferred hereunder.
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C. This Agreement shell never be construed to give Buyer the right to
deliver gas at rates in excess of any contractual limitations
provided for any of the Other Cities' Plante,
d. All such quantities of gas transferred from Buyer as provided herein
shall be credited toward the Demand Charge under Buyer's Cas Sales
Contract with Seller as such credits are set forth in such Gas Sales
Contract as if such gas had been delivered to Buyer at Buyer's
plants. Notwithstanding anything to the contrary, Buyer shall never
have the right to transfer (i) any quantities of gas which are sold
by Seller under paragraph 4(b) of the Gas Sales Contract or (ii) any
quantities of gas which are delivered under agreements other than
the Gas Sales Contract or the Gas Transportation Agreement.
e. The heating value to be used for measurement and billing purposes
of the gas transferred hereunder shall be the heating value of such
gas as delivered at the Other Cities' Plant(s).
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f. The total annual volume of all gas transferred under this Agreement
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by Buyer during any Year of the term of the Cat Transportation
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Agreement shall not exceed twenty-five percent (251) of the combined
total volume of gas transported by Seller for Buyer to any and all
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delivery points during such Year. Such twenty-five percent (254)
limit shall apply only to gas volumes transferred to such Other
Cities' Plant(s) where such Other City(s) does not have both a gas
sales contract and a gas transportation agreement with Seller which
- is then currently in effect. However, without obligating Seller in
any way to transfer gas for Buyer in excess of the limit set forth
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in this paragraph, if Buyer should transfer quantities of gas in
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excess of such limit. Buyer shall pay Seller for any such gas an
additional amount of twenty (20C) per HliBtu in addition to the sales
price or transportation fee provided in the Gas Sales Contract and
Can Transportation Agreement, whichever agreement/contract is
applicable.
g. Buyer shall be allowed to transfer gas to any of the Other Cities'
Plants provided such City has both a gas sales contract and a gas
transportation agreement with Seller which is then currently in
effect. However, if any of such Cities does not have both a gas
sales contract and a gas transportation agreement in effect with
Seller at such time and Seller should desire to allow Buyer to
transfer gas to such City, then Seller may elect to allow such
transfer for any time period Seller chooses, all at Seller's sole
option. Therefore, on or before each April 1 and October 1 of any
Contract Year during the term of the Gas Salem Contract, Seller
shall inform Buyer of each City which does not have both a gas sales
i contract and a gas transportation agreement in effect with Seller
c
at such time and Seller shall also then inform Buyer of: (t) which
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of such Other Cities' Plant(s) shall be allowed to receive gas
transferred hereunder for the consecutive six (6) month period
beginnln; on such April 1 or October 1, and (it) the maximum hourly
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and daily volumes Seller may deliver hereunder at each such Plant(s)
during such period. However, if any City(@)'@ gas sales contract
and/or gas transportation agreement terminates during such six (6)
month period, Seller shall not be obligated to deliver Sam
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j transferred hereunder to such City(s). Provided, however, if Seller
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fails to submit to Buyer on or before April 1 or October 1 of any
Contract Year the allowed Plant(s) and volumes as provided in the
previous sentence, then such allowed Plant(s) and volumes for the
immediately preceding consecutive six (6) month period shall apply,
h. Buyer may terminate such a transfer of gas at any time by giving
reasonable advance notice to Seller of its dastre to do so and Seller
may likewise terminate a transfer of gas by giving Buyer reasonable
advance notice if Seller has determined that to continue a transfer
would interfere with Seller's curtailment program or with Seller's
I~~I ability to provide service to customers accorded an equal or higher
I priority than Buyer under Seller's curtailment program.
Ili ARTICLE II
I k TERM
Subject to the other terms and provisions hereof, this Agreement shall be
` effective on the lat day of flay, 1989 and shell thereafter continue and remain
i in full force and effect for a period and term extending until the termination
of the Gas Sales Contract between Buyer and Seller.
ARTICLE III +I
PAYMENT
I All quantities of gas transferred from Buyer to one of the Cities as
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provided for kerein, shall be deemed to have been purchased by Buyer or
transported for Buyer, whichever is applicable, and such quantities transferred
shell not be credited in any way toward any agreement in effect for the City to
which the transfer is made. The gala. price or transportation fee for such
volume of transferred gas, the rendering of statements and bills, and the
payments for same and any other similar matters shall be according to the to ms
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C.
and condttlons of Buyer's Gas Sales Contract or Cat Transportation Agreement,
whichever is applicable.
ARTICLE IV
NOTICES
The parties hereto recognise that in order to determine and allocate sales
and/or transport volumes delivered each billing month under (i) the Gas Sales
Contract and/or the Gas Transportation Agreement and (ii) the aforesaid Cities'
contracts, it is necessary for Seller to deduct the transferred volume(s) of gas
which was delivered under the Gas Sales Contract and/or the Gas Transportation
Agreement at each Other Cities' Plants during each billing month from total
deliveries to such plant(s). Therefore, for confirmation purposes, Buyer agrees
to furnish to Seller at its office in Dallas, Texas, a written report of all gas
transferred hereunder during each billing month within four (4) working days
following the and of each such billing month. Only transferred volumes so
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reported each month shall be considered as gas volumes transferred hereunder.
The parties hereto agree that this Agreement may be executed in one or
more copies, or counterparts, each of which, when executed by Seller and Buyer,
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as well at any of the parties listed below, an Other Cities, shall constitute
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and be an original effective agreement between Buyer and Seller and such Other
Cities.
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IN WITNESS WHEREOF, this Agreement has been executed in duplicate originals
by the parties hereto on the day of , 1989,
ATTEST: SELLER:
LANE STAR CAS COMPANY, a Division of
ENSERCM CORPORATION
J. R, Moore
Vice President
ATTEST: BUYER:
CITY OF DENTON, TEXAS
OTHER CITIES:
ATTEST: CITY OF BRYAN, TEXAS
ATTEST: CITY OF CAR M, TEXAS
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ATTEST: CITY OF GREENVILLE, TEXAS
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ATTEST: BRAZOS FUEL COMPANY, INC.
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December 19, 1969
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CITY COUNCIL AGENDA ITEM
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Lloyd Harrell, City Manager
SUBJ: CONSIDER ORDINANCE APPROVING THE ENSERCH GAS SALES CONTRACT
RECOMMENDATION:
'ihe Public Utilities Board, at their meetin of
of subject co nay 4, 1989
recommended to the City Council approval
MinutesnofdthengDecthis embert19,x1989, meetingnwilllcbeefu nishedBCouncil
f at their evening meeting. I
k 1 SUMMARY/'BACKGROUND:
The Enserch Gas Contract allows the City to purchase tip to 25,000
MCF/day under "spot" market price conditions from Enserch instead off
using contract gas under the Lone Star Contract. Present "spot"
price is $2.08/rmbtu vs present Lone Star gas at $3.41/MCF.
l trans ortation fee of $0.16 to $0.21/mmbtu would be added to this
"spot' price.
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FISCAL IMPACT:
The City presently receives approximately 35% of its power
requirements from gas generation The the cost of fuel has an effect on
our economic dispatch (i.e., split savings) as well as gas used
in our plant. We estimate $7.9 million for gas generation this
fiscal year, and about $11.3 million by 1993 due to an increase in
both price and quantity of natural gas.
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PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
City of Denton, Texas Municipal Power Agency, Texas Municipal Power
Pool, Lone Star Gas, power production costs.
f Res ful/ly/sub ru,
U
arre ty
Manager
or low
CC Agenda Item
Page 2
Prepared by,
i ne, uper ntendent
1"flectric Production
Approved b
f 14
R. E. e son, Executive recce
Department of Utilities
Exhibit 1 Enserch Gas Contract
11 Ordinance
III PUB Minutes of May 24, 1989
Iv PUB Minutes of December 19, 1989, to be provided at meeting
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EXCERPT
Public Utilities Board Minutes
May 24, 1989
8. REVIEW LONE STAR GAS CONTRACTS
Nelson introduced Paul Brietzman, Gas Consultant, and Jim Thune,
Superintendent of the Power Plant. He then proceeded to review the
main points of the four gas contracts:
a. Lone Star Gas Sales Contract
b. Lone Star Gas Transportation Agreement
F c. Lone Star Transfer of Gas Agreement
d. Enserch Gas S31es Contract
Nelson stated that, although Denton got better concessions than ever
before from Lone Star Gas, the Board needs to be well cognizant of
the fact that there are going to be times when Denton's contract
I price is not going to be as good as Bryan's or Garland's.
Brietzman gave a short presentation. After general discussions,
Frady made a motion to recommend to the City Council approval of the
four contracts upon Legal Department review and acceptance. Second j by Thompson.
A11 ayes, no nays, mottos carried,
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ORDINANCE NO.
AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF SPOT GAS
FROM ENSERCH GAS COMPANY; PROVIDING FOR TyE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. J
WHEREAS, the City has soliciced, received and tabulated com-
petitive sealed proposals for the purchase of spot gas in
accordance with the procedl:res of state law and City ordinances;
and
WHEREAS, the City Manager has reviewed and recommended that
the proposal of Enserch Gas Company is the lowest responsible
proposal 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 spot
gas herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the proposal of Enserch Gas Company to
E here yb' accepted and approved as being the lowest responsible
E proposal for the items set forth in the proposal.
SECTION II. That the City Manager io hereby autho~,Ized to
1 execute a contract with Enserch Gas Company for the purchase of
spot gas under the conditions set forth therein, a copy of which
is attached hereto and incorporated by reference herein. i
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SECTION III. That by the acceptance and approvel of the above
proposaT~~ity Council hereby authorizes the expenditure of
funds therefor in the amount and in accordance with the written
contract made pursuant thereto.
SECTION IV. That this ordinance shall become effective
imme ate y upon its passage and approval. 1
PASSED AND APPROVED this the day of
,
1989. `-RAY STEPHENS9 MAYOR
ATTEST:
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JENNIFMV)ITMI CITY SECRETARY
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITC , CITY ATTORNEY
BY:
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GAS SALES CONTRACT
THIS CONTRACT is made and entered into as of the lot day of January, 1990
by and between ENSERCH CAS COMPANY (Seller), whose mailing address to 1700
Commerce Place/8th Floor, Dallas, Texas 15201, and the CITY OF DENTON (Buyer),
whose address is Municipal Building, Denton, Texas 76701, and provides for the
sale and purchase of such quantities of gas which Seller has available and the
right to sell from various sources within the State of Texas under Seller's
existing agreements. Said gas production will be made available to Buyer by
Seller or Seller's Agent under this Contract on a monthly basis at the Delivery
Point hereunder.
I.
Dslivarv Point. The Point of Delivery for all gas delivered hereunder shall be
at the interconnection of Seller's Agent's meters located at Buyer's Spencer
Generating Station in Denton, Texas. Title to all gas delivered hereunder shall
pa a frou Seller' to Buyer at said Point of Delivery.
II.
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Tl134 The term of this Contract shall commence on January 1, 1990 and continue
through Decomber 31, 1993, and month to month thereffter until cancelled by
either party giving thirty (30) days prior written notice to the other party.
Buyer affirms that it will suffer no irreparable injury by virtue of the
expiration of this Contract at the time and date such expiration occurs and
hereby authorises the abandonment of service as set forth herein.
III.
Quantity. Subject to the terms and conditions herein, Buyer may purchase and
receive such quantities of gas that Seller has available for sate from various
sources hereunder on any given day, r,')t to exceed a maximum quantity of twenty-
five million cubic feat (25 MNcf) of gas per day. The quantities of gas which
Seller has available for sale to Buyer shall be determined solely by Seller and
shall be that quantity of gas which Seller's Agent delivers each day to Buyer
for Seller's account at the Point of Delivery hereunder. Nothing contained
herein, however, shall be construed as preventing the parties from mutually
agreeing in writing to the sale and purchase of quantities of gas in excess of
those provided in :his paragraph,
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Prior to the beginning of each month, Buyer shall notify Seller of the estimated
monthly volumes, if any, that Buyer in good faith estimates it will purchase
hereu.der during such month. In the event Buyer later desires to modify such
nomination during such month, Buyer shall, to the extent reasonably possible,
give not less than twelve (12) hours' prior notice of (i) the revised quantity
of gas Buyer desires to purchase and (Si) the effective time and duration of such
revised quantity nomination.
Bo'h parties recognize that the volumes delivered at the Point of Delivery
hereunder may be commingled with volumes of gas delivered under agreements
between Buyer and other third-parties; therefore, for allocation and billing
purposes Buyer and Seller hereby agree that the procedure for allocation of all
volumes delivered at the Point of Delivery shall be mutually agroed upon by the
involved parties.
In no event shall the volumes of gas that Seller sells and delivers to Buyer or
that Buyer purchases and receives from Seller tinder the terms of this Contract
ever exceed the volumes of gas which can be legally produced under the applicable
rules and regulations of the Railroad Commission of Texas in the course of
reasonably prudent operations.
Seller shell be in control and possession of the gas snld and purchased hereunder
and be responsiblo for and shall indemnify and hold Buyer harmless from any
damages or injury caused thereby until the same shall have been delivered to
Buyer at the Point of Delivery, except far injuries and da.,ages occasioned
proximately by the negligence of Buyer. Buyer shall be in control and possession
of the gas sold and purchased hereunder and be responsible for and shall
indemnify and hold Seller or Suller's Agent harmless from any damages or injury
caused thereby once the same has been delivered to Buyer at the Point of
Delivery, except for injuries and damages occasioned proximately by the
negligence of Seller or Seller's Agent.
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IV,
Price and Payment. For all of Seller's gas delivered to Buyer or Seller's Agent
at the Point of Delivery and purchased hereunder the price to be pain by Buyer
for gas hereunder during the term hereof shall be negotiated by Buyer and Seller
for any mutually agreeable time period(s). In the event Buyer and Seller c-tnnot
mutually agree upon a negotiated price prior to the beginning of any such period,
then neither party shall have any obligation to perform under this Contract
during such period, except for the requirement to make payment of any amounts
due hereunder.
In no event shall any price paid and collected hereunder exceed any maximum
lawful price established by the Natural Gas Policy Act of 1918 (NGPA) which is
v applicable by vintage, character, and category to the gas sold hereund-r. If
1 such contract price is reduced to such lesser maximum lawful price, Seller shall
f be entitled to collect such allowances as are available under Section 110 of the
NGPA for gathering, treating, compression and tax rcim.bursement (as limited by
E Article VI hereof), but the sum total of such maximum lawful price and Section
110 allowances shell not exceed an otherwise applicable contract price.
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Seller sh311 render a statement to Buyer on approximately the 15th day of each the S
month eller fsrAgentaaleeles meterareanduBuyer tshellai astatement shall be based on
statement within twelve (12) days from the date Seller's statement Is deposited
postage prepaid in the United States mail or in came of hand delivery, within
ten (10) days from the date Seller's statement is delivered to a representative
of Buyer from a representative of Seller. If the total invoiced amount of any
payment due is not paid when due, interest on all unpaid amounts shall accrue
at the rate of one and one-half percent (1 1/21) per month from the date sucl',
amount is due Seller; provided, however, no interest shall accrue on unpaid
amounts when failure to make rayment is the result of a bona fide dispute between
the parties hereto regarding such amounts and Buyer timely pays all amounts not
in dispute. Should litigation on any of these amounts be required, Buyer agrees
to reimburse Seller for its reasonable attorneys fees.
Bills rendored for gas delivered hereunder shall be payable at Seller's office
located at P. 0. Box 910264, Dallas, Texas 75391.0264, or such other address as ,
may from time to time be designated by Seller upon reasonable notice.
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Heas~t. Heating value is to be calculated at a pressure of 14.65 psis on
a di basin and temperature of 60eF, rho unit of volume for purposes of
measurement shall be one thousand (1,000) cubic feet of gas at 14.65 psis and
60eF, as corrected pursuant to current industry standards, and Seller's Agent's
meters and other measurements shall be conclusive except for when the meter is
found to be inaccurate by as much as one percent (11) fast or slow, or to have
failed to register. The quantity of gas delivered while the meter we, inaccurate
1 or failed to register shall be determined by correcting the error if the
percentage of error is ascertainable by calibration test or mathematical
calculation, If not so ascertainable, then it shall be determined by estimating
the quantity on a basis of deliveries under similar conditions when the meter
was registering accurately. No adjustment or correction for meter inaccuracy
or failure shall be made for a period longer than ninety (91) days.
VI.
Taxed, Buyer and Seller acknowledge that the present severance, production,
gathering or similar taxes amount to seven ant one-half percent. (7.1/21) of the
purchase price and is included therein. In adlition to the terms and provisions
of Article IV herein, Buyer agrees to reimburse Seller monthly for one hundred
percent (1001) of the aggregate amount of all severance, production, gathering,
or similar taxes levied, assessed or fixed by aiy taxing authority or authorities
and paid by Seller with respect to gas sold and delivered hereunder which exceeds
the aforesaid amount in effect on the date hereof. In addition to the
aforementioned taxes, Buyer also agrees to reimburse, Seller for any and all taxes
(not Including excess profits, capital stacks, franchise or general property
f taxis) levied, assessed or fixed by any taxing authority or authorities,
Including but not limitaA to gross receipts taxis, and paid by Seller and/or
Seller's Agent with retpact to the sale, transportation, handling, and/or
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delivery of gas sold hereunder.
vII,
Ouality- Seller shall deliver for receipt by Buyer natural gas ,,hich is of
merchantable qualicy and free of water and other objectionable fluids and solids.
The gas shall contain no oxygen, and not more than five S
sulphur, consisting of no more than one- quarter 25( ) 8rairs of total
and one (1) grain of mercaptan sulphur per one hundred 8(100)ocubicrfeet oflSam,
not morn than three percent (31) by volume carbon dioxide, and not more than
andewhichnhas(aMheat contentaofrnotrleone ss thanmillion
(950) feat
nor gas,
ninelhundred0fifty cubic
ore
than eleven hundred fifty (1,150) British Thermal Units per cubic foot under
the conditions of measurement contained herein. The gas delivered hereunder
shall be at temperatures not in excess of one hundred and twenty degrees (120°)
Fahrenheit, and not less than forty degrees (401) Fahrenheit,
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Seller hereby warrants to Buyer that at the time of delivery of gas
hereunder it will have good title or the right to deliver such gas, and that such
gas will be free and clear of all liens and adverse claims; and Seller agrees
with respect to the gas delivered by it, to indemnify Buyer against all suits,
actions, debts, accounts, damages, costs (including attorney's fees), losses and
i expenses arising from or out of any adverse claims, relating to Seller's title,
of any and all persons to or against said gas
Each party warrants to the other that its (and/or i ,
utilized for the delivery and acceptance of gas hereundersor$ wholly intrastate
facilities and are not subject to the Natural Gas Act of 1938, as heretofore
amended. As a material representation, without which both parties would not have
been willing to execute this Contract, each party warrants to the other party
that it (and its agents) will take no action or commit an act of omission which
I will subject its (or its agent's) facilities this transaction or the other
party's (or the other party's agent's) facilities, to jurisdiction of the Federal
Energy Regulatory Commission (FERC) or Its successor governmental agency under
the terms of the Natural Gas Act of 1938, as amended, The gas delivered and
accepted hereunder shell not have been nor shall be sold, transported or
otherwise utilized in interstate commerce in a manner which will subject either
party (or their agents) to the terms of the Natural Gas Act of 1938, as amended.
In addition to and without excluding any remedy the aggrieved party may have at
law or in equity, the party who breached the above warranties and representations
shall be liable to the aggrieved party (and the aggrieved party's agent) for all
damages, injury sad reasonable expense the aggrieved art
party's agent) may sustain by reason of any breach hereof. (anFurthert should
either party (or their agents) perform any act, or cause any act to be performed,
at any time, that results in any gas covered hereunder becoming regulated by or
j subject to the jurisdictional consequences of the FERC or successor governmental
a
tome to terminate on uthority contrary to this Contract, this Contract shall be deemed of its own
ho ever, such termination the
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shaday before ll never be h construed to impair any rightarising
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under this paragraph,
Buyer and Seller agree that this Contract will be construed according to the
laws of the State of Texas,
IX.
forte Naje'ra In the event of either party hereto being rendered unable, wholly
or in part, by force majeure to carry out its obligations under this Contract,
other than to make payments due hereunder, It is agreed that on such party's
giving notice and full particulars of such force majeure by written notice or
by telegraph to the other party as soon as possible after the occurrence of the
cause relied on, then the obligations of the party giving such notice, so for
sa they are affected by such force majeure, shall be suspended during the
continuance of any inability so caused but for no longer period, and such cause
shall as far as possible be remedied with all reasonable dispatch. The term
"force majeurs", as employed herein, shall mean acts of Cod; strikes, lockouts,
or other Industrial disturbam-.es; acts of the public enemy, wars, blockades,
Insurrections, civil disturbances and riots, and epidemics; landslides,
lightning, earthquakes, fire, storms, floods, and washouts; arrests, orders,
directives, restraints and requirements of the government and government
agencies, either federal or state, civil and military; any application of
governmental co.iservation rules :and regulations; explosions, breakage or accident
to machinery or lines of pips; shutdowns of equipment or lines of pipe for
j inspection, maintenance or repair; shorta`e of water, freezing of wells or lines
I of pipe; partial or entire failure, depletion or loss of wells or sources of
the Seller's
f pf ovf SellerInability or redeliver refusal
gas
Point Agent to
gas a to of
Delivery, deliveries of
a cancellation of Seller's transportation agreement with transporter for any rau on
whatsoever; and any other causes, whether of the kind enumerated or otherviss,
not reasonably within the control of the party claiming suspension. It is
understood and agreed that the settlement of strikes or lockouts shall be
entirely within the discretion of the party having the difficulty, and that the
above requirement that any force majeure shall be remedied with all reasonable
dispatch shall not require the settlement of strikes or lockouts by acceding to
the demand of the opposing party when such course is or is deemed to be
inadvisable or inappropriate in the dtLeretion of the party having the
difficulty,
X.
Recitals and Covenants, The intent and purpose of this Contract is to enable
Buyer to purchase gas from a source other than its traditional utility source
of supply. Buyer is not relying on and will not rely on any expectation of sales
or service from Seller except as specifically provided in this Contract. It is
intended that Seller's furnishing of gas to Buyer be solely and strictly under
the quantity, terms, and other provisions of this Contract.
Buyer believes that it is in its best interest to purchase gas under the terms
and conditions of this Contract and without the benefit of the duties,
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obligations, and conditions of sale and service which could apply to Seller were
Seller deemed to be a utility, Buyer recognizes and agrees that in purchasing
gas under these conditions it will not have available certain legal remedies
against Seller which it would have were Seller to be a utility or, even if Seiler
were deemed to be a utility, were gas to be purchased from Seller under
circumstances and conditions other than under this Contract.
Buyer agrees and stipulates that, In making sales to Buyer under V%Ll Contract,
Seller is neither the sole nor exclusive source of supply of gas to Buyer nor
will Seller be engaged in the making of a cit; gate sale to Buyer,
buyer hereby waives any and all rights to assert or claim that Seller has any
obligations whatsoever to provide natural gas sales or service to buyer other
than under the terms and conditions of this Contract, or that any obligations
will accrue by virtue of sales or service under this Contract, This waiver
s,)ecifleally includes, but is not limited to, any claim or assertion that any
cossrtion of sales or service provided by Seller to Buyer, provided such
cessation is in conformance with the provisions of this Contract, constitutes
i abandonment of Buyer or that Seller must receive permission for such cessation
fram any governmental authority.
Shculd, for any reason, Seller ever be deemed to require the permission of any
i;overnmsntol withority for the cessation, whether of a permanent or temporary
natare, of service and sales to Buyer as provided for in this Contract, Buyer
agrees that such'cessation is in the public interest and that such permission
should be granted and/or deemed granted at the time of execution of this
Contract,
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X1.
KJMUKg12ud, Buyer's purchase of said gaa under this Contract shall he subject
to all terms and conditions of any release(s) applicable to said gas from prior
contr.rcta of other purchaesrs.
Waiver by Seller of a particular right or default hereunder shall not be deemed
a waiver of other rights or defaults whether similar or dissimilar,
This Gzntract supersedes and replaces all prior contracts between the parties
hereto, or their -:sspective predecessors In interest, for gas at the location
and for the purposes herein designated, and constitutes the entire contract
between the parties,
Thl• Contract constitutes the entire agreement between the parties covering
the subject matter hereof, and there are no agreements, modifications, conditions
or understandings, written or oral, expressed or implied, pertaining to the
subject latter hereof which are not referenced or contained herein.
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IN WITNESS WHEREOF, the undersigned parties hereto have executed this
Contract in duplicate originals as of the day and year first herein written,
BUYER: SELLER:
CITY OF DENTON ENSERCH CAS COMPANY
By:_ By.
Title: Title:
ATTEST:
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December 19, 1989 WZ I
CITY COUNCIL AGENDA ITEM
TO: MAYOR AND MEMBERS CF THE CITY COUNCIL
FROM: Lloyd ;larrell, City Managers i
SUBJ: CONSIDER CRDIN&iCE APPROVING PARTICIPATION FEE TO PROVIDE FOR
THE ANNUAL ADMINISTRATION OF THE UPPER TRINITY REGIONAL WATER
DISTRICT; AND IN ACCORDANCE WITH THE DESIGNS OF THE DENTON COUNTY I
WATER AND WASTEWATER STUDY REGIONAL MASTER PLAN FOR THE YEAR {
2010, OTHERWISE KNOWN AS "MASTER PLAN"
RECOMMLNDATION:
The Public Utilities Board, at their meeting of November 21, 1989,
recommended to the City Council approval of Denton's share of the pro
rata share of the administration costs of the Upper Trinity Regional
Water District (UTRWD).
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SUMMARY/BACKGROUND: i
In July 1989, by official act of the legislature of the State of
i Texas, the UTRWD was formally created. This act was the culmination
of three years of continuous coordination and cooperation of 31
Denton County a,ea municipalities and water supply corporat'ons to
address and solve the problems of surface water supply, distiibutlon,
r and wastewater collection. The entire program has been a nodel of
intergovernmental relations and has resulted in two excellent
j strategic planning documents: The Denton County Water and Wastewater
Study Regional Master Plan for the Year 2010, Huston b Associates in March 1988; and the UpperreTrinityb Regional
Water District Water Implementation Plan, prepared by Alan Plummer A
Associates in November 1989.
The continuing operation of the UTRWD assures that water supply and
wastewater collection system planning will be done on a regional
basis and benefit all participating members. Denton's participation
assures that regional system costs will be spread over all regional
Denton's recipients.
burden of providing water to rurali areaslof Denton
County. Additionally, by including all area municipalities in the
program, certain economies of scale can be expected, which will
reduce water costs to each of the participating entitles.
In order to continue to impleme~it the programs and development
projects of the UTRWD, all member agencies have been asked to
continue their annual participation fees, which cover the
administrative costs of the District.
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Page 2
The District currently has one project underway, and should soon have
participatinq nemF,ers for additional raw water, treated water, and
wastewater services. Participation fee monies cover only
administrative expenses and are not used for projects. The
administrative costs are distributed among all of the member agencies
according to a mutually agreed methodology based upon 1986
population. Populations of up to 5,000 pay $0.50 per capita.
(Minimum cost per city or utility is $250 per year). The next 20,000
population increment cost is $0.35 per capita. For all population
over 25,0001 th( population increment is $0.13 per capita. The total
cost for Denton is $14,577 or approximately $0,23 per capita
average. Denton has one of the lowest per capita costs of any of the
participating agencies.
' I As the infrastructure of the District is developed, it will beccoe a
I self supporting wholesale supplier of water and wastewater services
to the developing areas of the county. The future administrative
costs will be paid from revenues generated by the sale of water and
wastewater services to its members. One of the principal reasons for
the creation of the District was to relieve Denton of the likely
responsibility of providing water and wastewater services to the rest
of the county. During the initial implementation phase, it is vital
t that Denton continue to support the efforts of the District.
PROGRAMS, GROUPS OR DEPARTMENTS AFFECTED:
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City of Denton, Upper Trinity Regional Hater District, City Council,
Public Utilities Board, Citizens of Denton and surrounding areas.
` FISCAL IMPACT:
Denton 's pro rata share of these administrative fees for 1990 is
$14,577.
Respectfully submitted,
oy arre a7Tty
Manager
Prepared/Appr ved ,
R, E. `_cGi_
e son, Executive rector
Department of Utilities
Exhibit I Statement of fctober 13, 1989 from UTRWD
11 Ordinance
III PUB Minutes f,f November 21, 1989
658OU:11.12
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UPPER
TRINITY
s...Regional Water District
October 25, 1989
Mr. R. E Nelsoa
Director of Utilities
City of Denton
21S East McVj,,ney
Denton, Texas 76201
Dear Mr. Nelson:
Your participation in the Steering Committee for the Denton County Water Study is producing
results. The Regional Water District is now a reality and program implementation it on schedule.
f Current activities include:
1. Development of a regional caster treatment plant ani transmission system for epproxi-
I' rnately 13 cities.
2. Negotiatkins for a new surface water supply. i
f 3. Assistance to several comminities regarding wastewater treatment.
4. Enrollment for Contract Mea:'Lcrs.
S. Polity development for the District.
I 6. ParticipaUbn with the Texas Water Commission in s ground water study.
7. Relocating to new offices.
The year abead promiso to be a busy one as we prepare to assist you In providing for future
G water and wastewat.r needs.
The Steering Committee approved a schedule of r.duced fees for G" year 1989.90. Your l
statement is enclosed. Please note that two payment scheduks are sv&Uble: full payment by +
January 1, or partial payment by November 1. Your payment of the participation fee and your 1
remaining on the Steering Committee make your entity eligible for either 'Contract' or'Partici•
\T gating' membership (or the equivalent thereof) in the Dutricl. It is critical that you keep this !
option open for your entity during the 2-year membership provided for In the legislation.
i Pease submit your payment to the Denton County Auditor, who manages the funds for the
Steering Committee. Pleau all me at (214) 219.3536 if you have any questions.
Sincerely,
I l ll
Thomas & Teylor
Oeneral Manager
TET:bls
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I P.O. Drawer 305 a Lewisville, Texas 75087
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E z. UPPER
TRINITY
Regional Water District
9AUJAUa
October 13, 1989 I
TO: CITY OF DENTON
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PARTICIPATION FEE TO PROVIDE FOR IMPLEMENTATION OF THE DENTON
C COUNTY MASTER PLAN FOR REOIONAL WATER AND WASTEWATER SERVICES
AND SUPPORT OF THS PLANNiNO AmrvrrIF.S OF THE UPPER TRW nY REOIONAL
WATER DISTRICT
y
For Fiscal you Beginning October 1, 1969 S 14,577
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Participation feet are based on the budget adopted by the Steering Committee for the Water
Study. The fee for each agen^y is calcuLted and pro rated according to a formula based on
population. Paymcrt of the fee centieues your rcr:eacutation on the Steering Gxarnittte, the
policy-making body, tuts! Inures your right to participate ;a the services of the regional system.
The fee is due in full by January 1, 1990. Alternatively, you may pay 2S% on November 1, 2S%
on February 1 and the anal S0rM ca May 1, 1990.
Please make the chock Payable to QSpnty of Q--tga and mail to the County of Denton, Attention
C-urty Auditor, 110 V'ett Hickory, Denton,'rexas 76201.
Please enclose a copy of t6s rtttement with your check to ehs County Auditor.
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P.O. Drawer 305 a Lewisville, Texas 76067
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Excerpt from Minutes of Public Utilities
November 21, 1989
12: CONSIDER IRDINANCE FOR PARTICIPATION F5E TO PROVIDE FOR
IMPLEMENTATION OF THE DENTON COUNTY MASY'SR 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 ainount of $14,577. Second by Chew. All ayes, no
nays. Motion carried.
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2863L
ORDINANCE NO. r
AN ORDINANCE OF THE CITY OF DENCON, TEXAS, APPROVING PAYMENT OF
THE CifY OF DENTON'S sHARF OF THE ANNUAL ADMINISTRATIVE FEE FOR
PARTICIPATION IN THE UPPER TRINITY REGIONAL WATER DISTRICT;
AUTEORIZING THE E}.PENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR
AN 1':'FECTIVE DATE.
WHEREAS, the Public Utilities Board of the City of Denton,
Texas on November 21, 1989, recommended approval of an expendi-
ture of funds to pay the City's share of the annual administra-
tive fee for participation in the Upper Trinity Regional Water 1
District; and
WHEREAS, the City Council has determined that it would be in
the best interest of the City to accept said recommendation; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: {
SECTION 1. That the City Council hereby approves the recom-
mendet on of_the Public Utilities Board of the City of Denton,
Texas to pay the City's share of the annual administrative fee
for participation in the Upper Trinity Regional Water District.
SECTION II. That the City Council hereby authorizes the
l j expenditure o'F funds in the amount of Fourte n00)h u a d Five
Hundred Fifty-seven and no/100 Dollars ($14,557.
City's share of this fee.
SECTION III. That this ordinance shell become effective
immediately upon its passage and approval.
1989.
PASSED AND APPROVED thia the day of
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI D ITCH, CITY ATTORNEY
I BY.
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CITY OI DENTON / 215 E, MciJnney / Denton, Texas 76201
MEMORANDUM
DATE: December 13, 1989
TO: Lloyd V. Harrell, City Manager
FROM: John F. McGrane, Executive Director of Finance
SUBJECT: NORTH TEXAS HIGHER EDUCATION AUTHORITY
The Council ttoTapprove gauthorization oft$SOi000,UU0 in hstudent dlothe
an
revenue bonds or, otherwise, borrow money to use for the purpose
of purchasing guaranteed student loans. The City of Arlington,
Texas has already passed the resolution for authorization.
Furthermore, it should puinted out that in Section V of the
Ordinance, it is recognized that the instruments which authorize
the issuance of bonds, or series of bonds, or other evidence of
borrowing by the Authority, will specifically state that the
City is not obligated to pay the principal of or interest on the
bonds or series of bonds or other evidence of borrowing by the
Authority.
If you need any additional information, please advise.
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RESOLUTION NO.
A RESOLUTION GRANTING APPROVAL TO THE
NORTH TEXAS HIGHER EDUCATION AUTHORITY,
INC. TO ISSUE STUDENT LOAN REVENUE BONDS
OR OTHERWISE BORROW MONSY, USE THE
PROCEEDS OF SAID BONDS OR OTHER EVIDENCES
OF BORROWING AND MAKE, CERTAIN FINDINGS IN 11
CONNECTION THEREWITH r
WHEREAS, the North Texas ?+igher Education Authority, Inc.
("Authority") was established as a nonprofit
I corporation, pursuant to the Texas Nonprofit
Corporation Act, for the purpose of furtherinq I
educational opportunities of students by providing
funds for the acquisition of student loansi and
f WHEREAS, the Authority has proceeded in the development of a
{ plan of doing business and has issued student loan
f revenue bonds for the aforesaid purposes, and
1 additional funds are needed to continue the
program, and it is now appropriate for this
I governing body to approve the issuance of
additional bonds or other evidences of borrowing
` for such purposey and
WHEREAS, it is necessary for the City of Denton, Texas
("City") to approve the issuance of the bonds or
other evidences of borrowing and the use of the
proceeds of the bonds or borrowing]
i BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON,
h TEXASt
I.
I
That the Mayor and Members of the Citv Council of the
► City of Denton, Texas, hereby grant their aooroval to the
North Texas Higher Education Authority, Inc. to issue and
1 deliver student loan revenue bonds, Series 1989, in the
principal amount not to exceed $50,000,000.00 or to otherwise
borrow up to $50,0000000.001 the oroceeds of which will be
used by the Authority for the purpose of purchasing
Guaranteed S.udent Loans, which are either guaranteed or
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insured under the provisions of the Higher Education Act of
1965, as amended, and the setting aside of certain amounts
for deposit into the Reserve Fund, the Interest Fund and the
Operating Fund and paying the cost of issuing the bonds, in
accordance with the laws of the State of Texas, including
Chapter 53, Texas Education Code, as amended. The student or
parent loan notes are notes executed by students (or parents
of students) who are residents of the State of Texas, or who
have been admitted to an accredited institution in the State
of Texas, as defined to the Texas Education Code, as amended.
Further, the Mayor and City Secretary of the City of
Denton are hereby authorized and directed to deliver
certified copies of this resolution to the Authority for its
i use in connection with the issuance of the bonds or other
evidence of borrowing.
III.
The City of Denton requests that the Authority exercise
i the powers enumerated and provided for in Section 53.47,
Texas Education Code, as amendedr that such nonprofit
corporation shall, in this connection, exercise such powers
for and on behalf of the City and the State of Texas, as
contemplated by Section 53.47(e), Texas Education Code, as
amended.
rv.
The City of Denton does not agree to assume any
responsibility in connection with the administration of the
Authority's student loan program. Sole responsibility for
the administration of the Authority's student loan orogram is
assumed by the Authority.
V.
Further, it is recognised by the City of Denton that the
f~ instruments which authorize the issuance of bonds or series
of bonds or other evidence of borrowing by the Authority will
specifically state that the City is not obligated to pay the
principal of or interest on the bonds or series of bonds or
other evidences of borrowing proposed to be issued by the
Authority. Nothing in this resolution shall be construed as
an indication by this City that it will oay or provide for
j the payment of any obligations of the said Authority whether
i heretofore or hereafter incurred= and in this connection,
attention is called to the Constitution of the State of. Texas
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wherein it is provided that a city may incur no indebtedness !
without having made provisions for its pavment, and the City
Council of the City of Denton hereby specifically refuses to
set aside any present or future funds, assets or monev for
the payment of any indebtedness or oblication of the
Authority.
VI.
It is hereby officially found and determined that the r
meeting at which this resolution is passed is open to the
public, as required by law, and that public notice of the
time, place and purpose of said meeting was posted, as
required by law.
VII.
This resolution shall become effective from and after
its passage as provided by law.
PRESENTED AND PASSED on this the day of
, 1989, by a vote of -ayes and nays -at a
regu ar meeting of the City Council of the~ty of Denton,
Texas,
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RAY STEPHENS, MAYOR
1
ATTESTt
Jenn er Warners, C ty Secretary
APPROVED AS TO FORRi
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2864L 111 ./VI
RESOLUTION NO.
A RESOLUTION WHEREBY THE CITY OF DENTON APPROVES THE 1989-90
FISCAL YEAR BUDGET, IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE
1432e V.A.T.S., AS AMENDED, OF THE DENTON COUNTY EMERGENCY
COMMUNICATION DISTRICT; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of th.: City of Denton, Texas has
been presented the 1989-90 Fiscal Year Budget of the Denton
County Emergency Communication District, hereinafter referred to
as DENCO AREA 911, for approval, in accordance with Article
1432e, Section 7(D), V.A.T.S., as amended; and
WHEREAS, the City of Denton, Texas, after complete and
careful review of such Budget, wishes to approve the same; NOW,
THEREFORE,
~ I
i THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION I. That the City Manager is authorized to take any
and an ressonable and necessary acts to comply with the intent
of this resolution.
SECTION 11. That this resolution shall take effect
imme atdi elyy from and after ±.ts passage.
j PASSED AND APPROVED this the clay of ,
1989.
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RAY STEPHENS, i
MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
DEBRAA~DAMI DRAYOVITCH, CITY ATTORNEY
BY: ~J11 L OUeyl
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2871L
RESOLUTION NO.
A RESOLUTION RECOGNIZING 1990 AS THE CENTENNIAL YEAR OF THE
UNIVERSITY OF NORTH TEXAS, f
WHEREAS, in 1890, the citizens of Denton and of Texas were 1
conscious of the need for more educational facilities, partic-
ularly normal schools to improve the quality of teachers; and
WHEREAS, the City Council of Denton recognized the potential
for the private normal school founded by Joshua Crittenden
Chilton in 1890, and took steps to secure a site for the Texas
Normal College and Teachers' Training Institute; and
WHEREAS, the evolving role and scope of this institution has
been reflected in the subsequent names of the institution -
North Texas Normal College, 1893-1901; North Texas State Normal
College, 1901-1923; North Texas State Teachers College, 1923-
1949; North Texas State College, 1949-1961; North Texas State
University, 1961-1988; and University of ;North Texas, since 1988;
and
WHEREAS, from its beginnings as an institution solely devoted
to teacher training, the University of North Texas has developed
into an important educational institution offering 135 majors,
including 47 at the doctoral level, has grown to an enrollment
of 26,500, and has awarded over 113,000 undergraduate degrees by
1988; and
E
WHEREAS, during 1990, the University of North Texas will
celebrate the Centennial of its founding; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION I. That the year 1990 shall be known as "THE
citizensCENTENNIAL
Texassand encoouurageTEXAS
ths oyear-lonDenton,
o participate ein City
centennial celebration and to join us in honoring those who teach
and those who learn.
PASSED AND APPROVED this the day of
1989. ,
RKT-MM-0 KAY
-ir law
~IU'H AYER, MAYER PRO TE B-~B ~.5 b1 , COU G ~FiE BE 1
O E' M
RANDALL B Y ,
j MEMBER RIF-
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ATTFST:
li JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
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CITY of DENTGN,TEXAS MUNICfPAL BUILDING / DENTON, TEXAS ?x201 / TELEPHONE (817) 680-3307
0111ce of the CJty Manager
M E M O R A N D U M
TO: Mayor and Members of the City Council
FROM: Jesus Nava, Jr., Assistant to the City Manager
DATE: December 15, 1989
SUBJECT: Long Term D.A.R.T. Option on Union Pacific
I Railroad Right-of-Way
I Upon learning that D.A.R.T. had obtained a fifteen year option
I to purchase Union Pacific Railroad cight-of-way from Carrollton
to Lewisville, the City staff and Chamber of Commerce arranged
a meeting with D.A.R.T officials to investigate the feasibility
of obtaining a similar option on union Pacific right-of-way
between Lewisville and Denton. 'there is approximately fifteen
(15) miles of railroad right-of-way which runs parallel to
IH35E and terminates at the railyard on McKinney Street.
The staff's and Chamber's interest is in preserving this
right-of-way for the next fifteen years so as to maximize the
future potential for transit along the 1H35E corridor. If
111 commuter and reverse commuter traffic increases to the point
where rapid transit would economically alleviate traffic
congestion, then the City or D.A.R.T. could utilize the
right-of-way as a prospective transportation alternative.
D.A.R.T. has requested a resolution from both the City Council
and Chamber of Commerce to allow their to discuss the
possibility of acquiring the long-terra option on the
right-of-way with Union Pacific.
f+ 7I
Je Nava, Jr.
A,s stant to the City Manager
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2872L
RESOLUTION NO.
A RESOLUTION REQUESTING THAT THE DALLAS AREA RAPID TRANSIT
AUTHORITY (DART) CONSIDER THE PROTECTION OF THE FORMER MKT RAIL
LINE, CURRENTLY OWNED BY THE UNION PACIFIC RAILROAD, FROM ITS
EXISTING SERVICE AREA IN CARROLLTON AND CONTINUING ON THROUGH TO
THE CITY OF DENTON; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, by virtue of the decision of the Texas Railroad
Commission on April 12, 1988 to formally include Denton in the
Dallas/Fort Worth Intrastate Commercial Zone, this City may now
be officially recognized as a part of the Dallas/Fort Worth
metropolitan area; and
WHEREAS, commuter trends and economic conditions will con-
tinue to require a closer relationship between the City of Denton
and the Greater Dallas/Fort Worth area; and
WHEREAS, the Dallas Area Rapid Transit Authority (DART) has '
executed an option to purchase and protect the right-of-way of
the former t1KT rail line, currently owned by the Union Pacific
Railroad, from its existing service ares in the City of
Carrollton on through to the City of Lewisvilla; and
WHEREAS, the aforementioned rail line right'-of-way extends on
from the City of Lewisville to McKinney Street in the City of
Denton; and
WHEREAS, the City Council of the City of Denton acknowledges
the importance of protecting this right-of-way or, through to the
City of Denton for the purpose of helping to preserve future
rapid transit alternatives into and from the Grea.:er Dallas/Fort
Worth Area in the future; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION I. That the City Council, together with the Denton
Cham es oE-Mommerce, does hereby respectfully request that the
Dallas Area Rapid Transit Authority consider acquiring an option
for the protection of the Union-Pacific right-of-way from the
City of Lewisville to the City of Denton,
SECTION II. That the City Secretary is hereby dir+cted to
forwara copy of this resolution to Marvin Lane, Chairman of the
Board of Directors for Dallas Area Rapid Transit Authority and
Harrq Hall, Chairman of the Board of Directors for the Denton
Chamber of Commerce.
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SECTION III, That this resolution shall become effective
imme ace y upon its passage and approval,
PASSED AND APPROVED this the , day of
1989.
t~A~P~g~r
r l Attest: '
I~ JENNIFER WALTERS, CITY SECRETARY
i
` APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCN, CITY ATTORNEY
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DATEt 1(2/19/89
CITY COUNCIL REPORT FORMAT J(
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SURJECTt APPROVING A CONTRACT WITH TEXAS HISTORICAL COMMISSION ABOUT
PARTICIPATION IN THE "Uh3AN MAIN STREET" PROGRAM
RECOMMENDATION:
Recommend approval.
SUMMARY:
This motion will permit the City Manager to sign a contract with the
iiii Texas Historical Commission to apply for the Urban Main Street
Program.
BACKGROUND:
PrivaCe funding for an Assistant Main Street Manager to enhance
promotional and event programs has been acquired. Denton's Main
Street Program began in January, 1969. At that time, no state
program was available for cities with a population over 50,000.
Since then the state has established and received funding for an
urban cities program.
Council passed resolution (attached) supporting the Urban Main
Street Program application on Auauat 22, 1989. The Central Business
District Association has raised 122,100 to fund an Assistant Main
Street Manager and other promotional expenses for 1990. A total of
$57,60U for a three
year period has been committed and plane call
for further fund raising efforts.
PROGRAMS DEPARTMENTS OA CROUPS AFFECTED:
Main Street Promotions and Event Programs
Planning and Development Department
Central Business District Association
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Mayor and Members of the City Council
December 19, 1989
Pago 2
FISCAL I11P.4CT;
None
Reape~iSil'ly sysbmi t
Prepared by: ~
Lloyd Y. Harre 1
City Manager
a Fin ey
in Street Manager
Approved;
ra 1, Robbins, P
Executive Director
Planning and Developcent j
Attachments; Contract with Texas Historical Commission
Resolution 1R89-053
Letter from Texas Historical Commission to Mayor
Contributions
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TEXAS HISTORICAL COMMISSION
r.o. so% 13176 AUSTIN. TEXAS 7/111
(SJ1)lilflDO
CONTRACT FOR SERVICES - URBAN MAIN STREET PROGRAM
I. PARTIES To TEE CONTRACT
This contract and agreement concerning the Denton Main Street
1 Program is entered into this first day of January, 1990
between the City of Denton, Texas (hereinafter referred to as
the City of Denton) and the Texas Historical Commission, Main
j Street Department (hereinafter referred to as THC).
II. STATEMENT OF SERVICES TO BE PBRFORMED BY THC
1. THC shall provide the Denton Main Street Program
wi training
for a local Main Street Project Manager and antassistant, one or twolweeks,aa segment
and a Main Street slide show.
2. THC shall provide staff visits from the Urban Main Street
Project Director, the Urban Main Street Architect dnd the
Marketing and Design Specialist to assist with goal-setting,
{ project evaluation and display techniques. THC will also
provide facade sketches and consultations with building and
business owners.
3. THC shall provide a three day Resource Team visit And a
Resource Team presentation and report,
4. THC shall provide the Denton Main Street Program recognition
through listing in all Texas Main Street publications.
S. THC shall provide the Denton Main Street Program Manager with
Main Street Weekly Updates.
6. This contract shall cover services provided by THC to the City
of Denton and the Denton Main Street Program from January 1,
1990 through December 31, 1990.
/IGVIRIC(~~/~~lafiG✓~~GACtIICI//`lYL
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Contract for Services
Texas Historical Commission
Page 2 of 3
III. STATFXKNT OF RESPONSIBI.,ITIES OF THE CITY OF DENTOH
1. The City of Denton shell employ a full-time Main Street
Program Manager.
2. The City of Denton shall employ a full-time Assistant Main
Street Program Manager.
3. The Denton Main Street Program and its Main Street Program
Manager shall be recognized by a resolution of support passed
by the City Council of Denton.
l 4. The Denton Main Street Program Manager shall complete the
training course provided by the THC.
5. Monthly reports cosigned by the Main Street Program Manager
and the Executive Director of Planning and Development of the
City of Denton shall be submitted to TRC.
6. The City of Denton shall demonstrate its financial commitment
and its ability to fund the project to the satisfaction of THC
for a period of three years as described in "Table A, Budget"
f .appended hereto which was submitted with the Application,
amended to include the position and funding for the Assistant
j Program Manager.
E 7. This rbetmethbyltheeCitye that the
Denton aforementioned and the Denton respon-
sibilities
Street Program for the period of January 10 1990 through
December 31, 1990.
IV. CONTRACT AMOUNT
The City of Denton shall pay THC a stipend in the amount of
;5,000 that shall defray the cost of THC staff time and
expenses for the services provided by THC to the Denton Main
Street Program.
V. BASIS FOR CALCULATING PAYMENTS
Payment shall be made to THC upon execution of this contract
by January 1, 1990 in one lump sum of $5,000.
{ vI. TERMINATION
Either party shall have the right to terminate and bring to an
en,i all performances to be rendered under this contract by
notifying the other party in writing at least 30 days in
advance of termination date.
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Contract of services
Texas Historical Commission
Page 3 of 3
vII. ACCESSIBILITY Oy RECORDS AND INSPECTION OF WORK
1. THC shall have the right at all reasonable times to inspect or
evaluate the work being performed in the Denton Main Strest
Program.
2. The City of Denton, by and through its authorized representa-
tives, shall have access and right to examine any and all
records, files, books, documents or other materials that it
would otherwise havi the right to examine under the open
Records Act.
IX. CHANGES AND AMENDMENTS
Any alterations, additions, or deletions to the terms of this
contract shall be amended in writing and signed by both
parties.
j THE UNDERSIGNED PARTIES BIND THEMSELVES TO THE FAITHFUL
PERFORMANCE OF THIS CONTRACT.
CITY OF DENTON, TEXAS TEXAS HISTORICAL COMMISSION
By. By.
Lloyd Harrell, Curt s Tunne 1,
City Manager
Date: Executive Director
Bate:
By:
An ice Read, Agency Contact
Date:
Bye
George Ramirez,
Fiscal Officer
Date:_
Approved as to form:
I
a CITY OF DENTON, TEXAS TEXAS HISTORICAL COMMISSION,
MAIN STREET DEPARTMENT
Debra Drayov tc Ass stant Attorney Genera
City Attorney, State of Texas
Approval Date: Approval Dates
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TABLE A
BUDGET
PUBLIC FUNDING
Fro:s City of Denton:
e_UAT G9SCRIPTION FIRST „YEAR SECOND YEPA THIRD YEAR
Salary and Benefits $32,000 $36,000 $39,OJO
8101 Office Supplies 1,000 1,000 1,000
8102 Books and Magazines 200 200 200
8109 Postage 1,000 1,000 1,000
8115 Film 500 500 500
8501 Telephone 1,000 1,000 1,000
6503 Travel 2,500 2,500 2,500
8504 Advertising 1,000 1,000 1,000
8575 Dues and Publications 300 300 300
8518 Rent/Utilities 0 0 0
8522 Schools and Seminars 1,200 1,200 1,200
8916 Council and Board Exp. 500 500 500
9102 Furniture 3,400 0 O
9103 Office Machines 100 0 0
8502 Texas Historical Comm. 5,000 2,500 1,500
8502 Special Services 0 21500 _3.500
TOTAL City of Denton
$49,700 $50,200 $53,200
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PRIVATE FUNDING
DESCRIPTION FIRST YEAR SECOND YEAR THIRD YEAR
Office rent/Utilities $ 3,000 $ 3,000 $ 3,000
Salary 6 Benefits -
Asst. Pro~eut Mgr. 16,500 22,000 25,000
Travel - Asst. Mgr. 1,000 10000 1,000
Promotions/Advertising 1.600 2.000 3.000
Printing
TOTAL: Private Funding $22,100 $28,000 $32,000
1
TOTAL BUDGET $71,800 $780200 $85,260
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TEXAS HISTORICAL COMMISSION
P.O. BOX 11314 AUSTIN, TEXAS 16711 (S1l}16L6100
V
h
-1 December 7, 1989
f
The Honorable Ray Stephens
Mayor, City of Denton
215 East McKinney Street
Denton, TX 76201
Dear Mayor Stephens:
Congratulations on your designation as a 1990 Texas Urban Main
Street city. You are to be commended for an excellent applica-
tion. Main Street is an opportunity to work together towards the
successful revitalization of your historl.c downtown. We pledge
to provide the technical assistance your community will need over
the next year.
Enclosed is the contract which explains the type of assistance
Texas Historical Commission will provide and the commitment of
the City of Denton to the Urban Main Street program. Please
process the contract and return both original copies to us as
soon as possible. After the contracts have been signed at the
Texas Historical Commission, we will return an executed copy to
you.
The Basic Main Street Manager Training will be January 8-12, with
Advanced Training being January 10-12. You are invited to send
two community leaders with your manager to attend the training on
January 8-9 to gain an overview of the Main Street approach.
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The Honorable Mayor Ray Stephens
December 7, 1989
Page 2
This will be both a busy year and a challenging opportunity. We
look forward to working with you and hope for great success in
this endeavo_•
Sincerely,
74nice Reado Director
Texas Main Street Program
AR:ns
l
cc: Jane Finley
Enclosures
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RESOLUTION NO. p9- G `zj
A RESOLUTION AUTHORIZING PARTICIPATION IN THE "URBAN MAIN STREET"
PROGRAM) AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, The Texas Main Street Project of the Texas Historical '
Commission has been authorized to assist historic commercial areas
in cities with a population of 50,000 and over develop a
public/private effort to revitalize their target area, and up to
three Texas cities will be selected to participate in the project
in 19901 and
WHEREAS, that it is in the public interest that the City
support the development and diversification of the economy of
Denton as will be accomplished by the Urban Main Street programs
NOW THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OT DENTON#
SECTION I. That the City of Denton apply for selection to
participate in the 1990 "Urban Main Street" program with the
specific goal of revitalizing a targeted business district within
the context of the preservation and rehabilitation of its historic
biildings.
SECTION If. That the City of Denton intends to co-fund a
full-time Main Street Project staff for three years and provide the {
staff with travel funds for training. That the City Council of
Denton will commit the following financial support to the Denton
Main Street
Project for year r ones 5480384.00. Subsequent years
funding is subject to appropriation by the City Council.
SECTION III. That the City will contract with the Central
Bustnesr District Association to co-sponsor the Urban Main Street
program.
f i SECTION Iy, That Jane Finley be designated to coordinate the
program on behalf of the City and serve as the principal contact
in relation to matters involving the City.
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I SECTION That this resolution shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the 2 2 _ day of _
_x1989.
9, OR
RAY SP
ATTEST.
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1 JEHNI~~R NALTERS, CIT SECRETARY
APPROVED AS TO LEGAL FORM.
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
l BY:~
89-477/81789
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DENTCN MAIN STREET PLEDGE CAMPAIGN f
As Of 11-01-89
Pledges
Denton Festival Foundation $4,090
DCBDA 3,000
Ben E. Keith Foundation 21000
Denton Publishing Company 1,000
First State Bank 1,000 I
Philips & Hopkins 10000
Tetra Pak Materials, Inc. 11000
Denton Regional Medical Center 500
GTE 500
Verification, Inc. 500
Apex Computer Placements, Inc. 500
Evers Hardware 300
Troy H. LaGrone 300
Locust St. Grill 250
Law Office of David W. Biles 250
Ramey, King & Minnis 250
United National Bank 250
Fred Pole 200
Sammons Communications 200
Kelso oil 200 1
Davis Purity Bakery, Inc. 100
i Denton County Independent Hamburger 100
J Grimmer Oriental Rugs 100
First Peoples Jewelers 100
Thomas' Ethan Allen Gallery 100
j Rahna Welch Raney 50
Total $17,750
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Cash Contributions for 1990:
Robert M. Bass/RMB Realty $4,000
j Lone Star Gas 250
KDNT (rj,.len 0. Gilbert) 100
Total 1990 Cash Contributions 40350
Total 1990 Funds Available $22,100
in Kind:
Group Graphics - Roy Appleton, III
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