HomeMy WebLinkAbout02-06-1990
AGENDA
CITY OF DENTON CITY COUNCIL
February 6, 1990
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Work Session ut the City of Denton City Council on Tuesday.
February 6, 1990, 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:
Note: Any item listed on the Agenda for the Work Session may
also be considered as part of the Agenda for the
Regular Meeting.
5:15 p.m.
1. Executive Session:
A. Legal Matters Under Sec. 2(e), Art. 6252-17
V.A.T.S.
1. Consider action in Denton County vs. City,
and In Re: Flow. 9
2. Consider a settlement proposal in Smithers
vs. City.
3. Consider authorization to institute legal
action regarding the Martin Luther King, Jr.
Recreation Center. E
B. Real Estate Under Sec. 2(f), Art. 6252-17
V.A.T.S. }
C. Personnel/Board Appointments Under Sec. 2(g),
Art 6252-17 V.A.T.S.
1. Consider appointments to the Building Code
Advisory Board and the Cable T.V. Advisory
Board.
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5:45 p.m.
1. Consider and discuss proposed changes to City Council
Rules of Procedure.
2.(6:00) Receive a report from the Subcommittee for Hotel
Occupancy Tax and discuss changes to contracts with
the tax recipients.
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3.(6:20) Hold a discussion regarding a report from the Planning
and Zoning Commission concerning the Sign Ordinance.
4.(6:35) Review and receive direction regarding the proposed y
Texas Utilities rate increase.
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City of Denton City Council Agenda
r~ February 6, 1990
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5.(6:40) Hold a discussion regarding the sale of excess
electric capacity to Farmersville and College Station.
Regular Meeting of the City of Denton City Council on Tuesday,
February 6, 1990, at 7:00 P.M. in the Council Chambers of City
Hall, 215 E. McKinney, Denton, Texas at which the following
items will be considered:
7:00 P.M.
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1. Present proclamation "Broncos Against Drugs (B.A•D.)
Week", February 12-16, 1990.
2. Resolution of Appreciation
A. Consider approval of a resolution of appreciation
for John J. Marshall.
3. Conoider approval of the minutes of the Regular
Sessions of December 5, 1989, December 19, 1989,
January 2, 1990, and January 16, 1990 and the joint
session of January 10, 1990.
4. Receive a citizen's repor' from Mike Wiebe, Jim
McDonali, Mark Hughes, Rich Slivocka, and Charlie i
Boston of the Denton Area Little League regarding
co-sponsorship of two baseball leagues.
5. Public Hearings
A. Hold a public hearing and consider adoption of an
ordinance extending the moratorium on the
establishment of sexually oriented businesses,
(The Planning and zoning Commission recommends
approval,)
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6. Consent Agenda
Each of these items is recommended by the Staff and
approval thsreof 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.
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Listed below are bids and purchase orders to be r
approved for payment under the Ordinance section of the +
agenda. Detailed back-up information is attached to the
ordinances (Agenda items 7.A, 7.8.). This listing is provided
on the Consent Agenda to allow Council Members to discuss any
item prior to approval of the ordinance. l
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City of Denton City Council Agenda
February 6, 1990
III Page 3
A. Bids and Purchase Orders:
1. Bid #1049 - Cold Drinks
I 2. Bid #1051 - Tree Trimming for Miscellaneous
Electrical Lines
f 3. Bid 01053 - Padmount Transformer 500 KVA
4. Bid 01054 - IBM Eguipment Maintenance
5. Bid #1059 - Police Sedans
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6. P.O. 094870 - Motorola
7. P.O. 094871 - Motorola
B. Tax Refunds i
1. Consider approval of a tax refund for James
L. Penton, Jr, j
C. Plats
1. Consider the preliminary plat of the +
Lissberger Addition; Lot 1, Block A. The J
If plat to located northeast of Interstate 35-L i i
and west of MK&T Railroad between Pockrus i
Page Road and Shady Shores Road. (The
Planning and Zoning Commission recommended
approval by a vote of 6-0.)
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2. Consider the preliminary plat of the East
Oaks Addition: Lots 1-18, Block A; Lots t
1-26, Block B; Lots 1-20, Block C; Lots
1-18, Block D: and Lots 1-12, Block H. The
plat is located north of McKinney Avenue,
f east of Audra Lane and accessed via Oak Tree
Road, (The Planning and Zoning Commission -
4 recommended approval by a vote of 5-0 at its 1
~r meeting of January 24, 1990.)
f` 7. Ordinances S
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. (Bid 01049, Bid s I
#1051, Bid #1053, Bid #1054, Bid #1059)
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February 6, 1990
Page 4
b. Consider adoption of an ordinance providing for
the expenditure of funds for purchases of
materials or equipment which ace available from
one source in accordance with the provisions of
state law exempting such purchases from
requirements of competitive bids. (P.O. #94890,
P.O. 094871)
C. Consider adoption of an ordinance authorizing the '
execution of an agreement between the City of
Denton and Brazos Electric Power Cooperative,
Inc. to provide for the interchange of
electricity produced at the Lewisville
Hydroelectric Project; and providing for the
expenditure of funds therefore. (The Public a.
Utilitiee Board recommends approval).
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8. Resolutions
A. Consider approval of a resolution suspending the {
proposed effective date of the proposed rate {
schedules and service regulations of Texas
Utilities Electric Company: providing that the
rate schedules and service regulations of said '
company shall remain unchanged during the period j
of suspension; and declaring the present intent
of the governing body of this municipality with
respect to said proposed rate schedules and
secvice regulations; providing for notice hereof
to said company: and finding and determining that
the meeting at which this resolution is passed is
open to the public as required by law. !
9. Miscellaneous matters from the City Manager. t
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10. official Action on Executive Session Items:
A. Legal Matters
! B. Real Estate
C. Personnel
D. Board Appointments 1
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11. New Buetness:
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This item provides a section for Council Members to
suggest items for future agendas.
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oil- If City of Denton City Council Agenda
February 6, 1990
Page 5
12. Executive Session:
A. Legal Matters Under Sec. 2(e), Art. 6252-17
V.A.T.S. J
B. Real Estate Under Sec. 2(f). Art. 6252-17 it
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 Hall of the City of Denton, Texas,
on the _ day of 1990 at o'clock
(a.m.) (p.m.)
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CITY SECRETARY !
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OFFICE OF THE CITY ATTORNEY 1
MEMORANDUM i
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TO: Honorable Mayor and Members of the City Council
FROM: Debra A. Drayovitch, City Attorney
SUBJECT: Rules of Procedure for the City Council
DATE: February 1, 1990 ?
In accordance with the memorandum I sent to you January 12, 1990,
I have revised the Rules of Procedure for the City Council in the
following areas:
(1) All references to chairman and councilperson have
been changod to, respectively, presiding officer
and councilmember.
(2) Section 3.1(a) now provides that councilmembers
shall observe the rules of the Council, rather than
"obey the Mayor".
(3) In Section 4.3, wording has been added to provide
that normally, no final action shall be taken at a
workshop meeting.
(4) The second sentence of Section 6.6 has been
rewritten.
Should you wish to make further revisions, please advise.
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Respectfully submitted,
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DAD:lkh
xc: Lloyd V. Harrell, City Manager 1
Attachment
36171
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NO.
Ali DENTON,NANTEXAS; PROVIDING RULES OF PRCEDURE FOR THE CITY COUNCIL OF
ORDINANCE NO. 81-351 AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the Constitution and Laws of the State of Texas,
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and Section 2.07 of the city charter of the City of Denton,
Texas, authorize the City Council of said City to promulgate and
establish rules of procedure to govern and conduct meetings,
order of business, and decorum, whila acting as" a legislative
body representing said City, and
WHEREAS, because of its desire to more effectively and
efficiently serve the public through the medium of public
meetings, it has become necessary to amend the ~dtA$XXd!$
O¢¢XX$O$1 rules of procedure; now, therefore,
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
SECTION I.
ordinance _No. 81-35 is hereby amended to read as follows:
1. A_UTHO_R_ITY
1.1 Charter: Pursuant to the provisions of Section 2.07 i
of the Charter of the City of Denton, Texas, the City Council
hereby enacts these rules of procedure for all meetings of the
City Council of the City of Denton, Texas. j
During any meeting, a reasonable opportunity shall be given
for citizens to be heard under these rules, These Rules of
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Procedure are enacted as guidelines to be followed by all
persons in the Council Chamber including the city administrative
staff, news media, and visitors,
2. GENERAL RULES:
2.1 Meetings to be public: All official meetings of the
Council, except executive meetings or sessions permitted to be
closed by the provisions of the Texas open meetings Law, Article
6252-170 V.A.C.S., as amended, and all sessions of a committee
of the Council shall be open to the public.
2.2 Quorum: Four members of the Council shall constitute
a quorum for the transaction of business. (Charter, Section
2.06)
2.3 Compelling Attendance: No member shall be excused {
from attendance at a Council meeting except for good and valid I
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reasons, t
2.9 Misconduct: The council may punish its own members
for misconduct. j
2.5 Minutes of Meetings: An account of all proceedings !
of the Council shall be kept by the City Secretary and shall be
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entered in a book constituting the official record of the f
council. A certified agenda shall be prepared for all executive }
sessions and shall be approved by the mayor in accordance with
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Art. 6252-17a {Vernon's 1989).
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2.6 questions to Contain one Sub ect: All questions
submitted for a vote shall contain only one subject. if two or
more points are involved, any member may require a division, if
the question reasonably admits of a division.
2.7 Right of Floor: Any member desiring to speak shall be
recognized by the Chairperson, and shall confine his or her
remarks to the subject under consideration or to be considered.
No member shall be allowed to speak more than once on any one
subject until every member wishing to speak shall have spoken.
2.8 City Manager: The City Manager, or Acting City
Manager, shall attend all meetings of the Council unless I
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excused. He may make recommendations to the Council and shall
have the right to take part in all discussions of the Council, '
but shall have no vote. (Charter, Section 5.03(d))
2.9 City Attorney: The City Attorney, or Acting City
Attorney, shall be available upon request for all meetings of {
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the Council unless excused and shall, upon request, give an
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opinion, either written or oral, on questions of law. The City
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Attorney shall act as the Council's parliamentarian.
or Acting City j
2.10 City Secretor The City Secretary,
Secretary, shall attend all meetings of the Council unless
excused, and shall keep the official minutes and perform such
other dGties as may be requested of him by the Council.
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2.11 officers and Employees: Any officer or employee of
the City, when requested by the City Manager, shall attend any
meeting of the Council. If requested to do so by the City
Manager, such employee may present information relating to
matters before the Council.
2.12 Rules of order: These rules govern the proceedings of
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the Council in all cases, except that where these rules are
silent, the most recent Edition of Roberta Rules of order
revised shall govern.
2.13 Suspension of Rules: Any provision of these rules not
governed by the City Charter or code may be temporarily j
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suspended by the affirmative vote of four members of the
Council. The vote on any such suspension shall be taken by yeas
and noes and entered in the minutes of the Council.
2.14 Amendment of Rules: These rules may be amended, or
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new rules adopted by the affirmative vote of four members of the
Council, provided that the proposed amendments or new rules
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shall have been introduced before the City Council at a prior
council meeting.
3. CODE OF CONDUCT
3.1 Councilmemberas
(a) During Council meetings, Councilmembers shall preserve {
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order and decorum and shall neither by conversation or otherwise
Relay or interrupt the proceedings nor refuse to rE~r4Z~//~jS~E a
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observe the rules of the council.
(b) A ¢OV)109X00~$OA Councilmember, once recognized,
shall not be interrupted while speaking unless called to order
by the Mayor or presiding officer unless a
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point of order is raised by another member or the
parliamentarian, or unless the speaker chooses to yield to
questions from another member. if a ¢¢yl~iQXXld~if)l~~f
Councilmember is called to order while he is speaking, he shall
cease speaking immediately until the question of order is
determined. If ruled to be in order, he shall be permitted to
proceed. If ruled to be not in order, he shall remain silent or
shall alter his remarks so as to comply with rules of the
Council.
3.2 Administrative Staff: i
(a) Members of the administrative staff and employees of
the City shall observe the same rules or procedure and decorum
applicable to members of the Council, and shall have no voice
unless and until recognized by the Chair.
(b) While the presiding officer shall have the authority
to preserve decorum in meetings as far as staff members and City
employees are concerned, the City manager also shall be
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responsible for the orderly conduct and decorum of all City
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employees under his direction and control.
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(c) The City manager shall take such disciplinary action
as may be necessary to insure that such decorum is
preserved at
all times by City employees in Council meetings,
(d) All remarks and questions addressed to the council
shall be addressed to the Cour..il as a whole and not to any
individual member thereof.
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(e) No staff member, other than a staff member having the
floor, shall enter into any discussion either directly or
indirectly without permission of the presiding officer.
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3.3 Citizens:
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(a) Citizens are welcome and invited to attend all
meetings of the Council, and will be admitted to the Council
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Chamber up to the fire safety capacity of the room.
(b) All citizens will refrain from private conversations
in the Chamber while the Council is in session,
(c) Citizens attending council meetings shall observe the
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same rules of propriety, decorum, and good conduct applicable to
the administrative staff. Any person making personal,
impertinent, or slanderous remarks or who becomes boisterous ?
while addressing the Council or while attending the Council
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meeting shall be removed from the room if the Sergeant-at-Arms
is so directed by the presiding officer, and such
3 person shall
F j be barred from further audience before the Council during that
session of the Council,
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(d) unauthorized remarks from the audience, stamping of
feet, whistles, yells, and similar demonstrations shall not be
permitted by the presiding officer, who shall direct the
Sergeant-at-Arms to remove such offenders from the room. In
case the presiding officer shall fail to act, any member of the
Council may move to require him to act to enforce the rules, and
the affirmative vote of four (4) members of the council shall
require the presiding officer to act.
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(e) No placards, banners or signs of any kind will be
l permitted in the Council Chamber except exhibits, displays and
visual aids used in connection with '
presentations to the council
provided that such exhibits, displays and visual aide do not I
disrupt the meeting.
3.4 Enforcement:
The City Manager, in the absence of a designated law
enforcement officer, shall act as Sergeant-at-Arms for the
Council, and shall furnish whatever assistance is needed to J
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enforce the rules of decorum herein established.
t 3.5 Seating Arrangement:
The City Secretary, City Manager and City Attorney shall
occupy the respective seats in the Council Chamber assigned to
I I them by the Mayor, but any two or more members of the Council 1
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may exchange seats.
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4. TYPES OF MEETINGS
4.1 Regular Meetings: The Council shall meet at seven
o'clock p.m. on the first and third Tuesday of each month or at
any other times set by the Council, unless postponed or canceled
` for valid reasons. All regular meetings of the Council will be j
f held in the Municipal Building at 215 East McKinney Street.
ffff 4.2 Special Meetings: Special meetings may be called by
the mayor, the City Manager, or by any three members of the
Council. The call for a special meeting shall be filed with the
City Secretary in written form, and he shall post notice thereof
as provided by law.
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4.3 workshop Meetings: Regular workshop meetings are held
at five thirty o'clocK p.m. on the first and third Tuesday of +
each month, other workshop meetings may be called using the
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same procedure requited for special meetings, (See Sec 4.2)
+ The purpose of the workshop meeting is to discuss or explore
matters of interest to the City, to meet with a City Board or
Commission, or other group These meetings are informational
and normally, no 10~0.Az final action shall be taken, f
4.4 Emergency Meetings: In case of emergency or urgent
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public necessity, which shall be expressed in the notice of the
meeting, an emergency meeting may be called by the Mayor, the
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City Manager or by three members of the Council, and it shall be
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sufficient if the notice is posted two hours before the meeting
is convened.
4.5 Executive Meetings: The Council may meet in an
executive meeting or session pursuant to the requirements of the
Texas Open Meetings Law. (Article 6252-17, V.T.C.S.)
4.6 Recessed Meetings: Any meeting of the council may be
recessed to a later time, provided that no recess shall be for a
longer period than until the next regular meeting.
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4.7 Notice of Meetings: The agenda for all meetings shall
be posted by the City Secretary on the City's official bulletin
board and notice of all meetings shall be given by the City
Secretary pursuant to the requirements of the Texas open
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meetings Law. (Article 6252-17p V.T.C.S.)
5. PRESIDING OFFICER AND DUTIES
5.1 Presiding Officer: The Mayor, or in the absence of
the Mayor, the Mayor Pro-Temp shall preside as chairman, or
presiding officer at all meetings of the Council. In the
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j absence of both the Mayor and Mayor Pro-Temp the Council shall
elect a temporary 0KAtjep(p(X presiding officer. (Charter,
Section 2.03)
5.2 Call to Order: The meetings of the Council shall be
called to order by the Mayorp or in his absence, by the Mayor
Pro-Tem. In the absence of both the Mayor and the. Mayor
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Pro-Tem, the meeting shall be called to order by the City
` Secretary, and a temporary OXXXX OWIVAUAOMA presiding
officer shall be elected as provided above.
5.3 Preservation of order: The ¢6(Ai~atAd ¢HA1li~¢dA~A
presiding officer shall preserve order and decorum, and confine
members in debate to the question under discussion. The
h ¢HA t'I~A~ OYOX~t$A Ojdd presiding officer shall call upon the
Sergeant-at-Arms as necessary to enforce compliance with the
rules contained herein.
5.4 Points of order: The ¢KA109A ¢NA lldll~A~~
` presiding officer shall determine all points of order, subject
to the right of any member to appeal to the Council. If any
appeal is taken, the question shall be, "Shall the decision of
F the ¢yfliMAX 0WO¢1 09 presiding officer be
` sustained?". if a majority of the members present vote 'No',
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I the ruling of the chair is overruled) otherwise, it is sustained.
r 5.5 Questions to be Stated: The ¢NAXfdoo
¢}(~izitl6~~lAA?f presiding officer shall state all questions J~
submitted for a vote and announce the result. A cull call vote
shall be taken upon the request of any member, and upon the
pAaaage of all ordinances and resolutions.
5.6 Substitution for ¢HAXfOAX ¢NAJAO#A /OA Presiding
officer: The OX$Xt1dOX 2NAt1fldAJl~dOi~t presiding officer may
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call any other member to take his place in the chair, such
su:stitution not to continue beyond adjournment.
5.7 Call for Recess: The 0~9X~AAO presiding officer
may call for a recess of up to fifteen (15) minutes at regular
intervals of approximately one hour at appropriate points in the
meeting agenda, or if requested by any two members.
6. ORDER OF BUSINESS
6.1 Agenda: The order of business of each moeting shall 4 {
be as contained in the agenda prepared by the City Manager. The f
agenda shall be a listing by topic of subjects to be considered {
by the Council. Conduct of business at Special Meetings will 1
likewise be governed by an agenda and rules of procedure
contained herein.
6.2 Presentations by members of council: The agenda shall
z provide a time when the mayor or any lf~Il~~'XX1~E1~~0~
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Councilmember may bring before the council any business that he
feels should be deliberated upon by the Council. These matters
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need not be specifically listed on the agenda, but discussion
and formal action on such matters shall be deferred until a {
subsequent Council meeting. i
6.3 Presentation by Citizens: Any person who wishes to [
place a subject on the Council agenda shall advise the City
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Manager's office of that fact and the specified subject matter
which he desires to place on the agenda no later than 5:DO P.M.
Wednesday prior to the council meeting at which he wishes the
designated subject to be considered. Any person who wishes to
address the Council without having made this preparation must
have the unanimous consent of the Council and will b? scaeduled
after all other regular business on the agenda has been
completed. This rule does not apply to anyone appearing at a
public hearing in response to an official agenda notice.
6.4 Time Limit: Speakers before the Council are requested 1
to limit their remarks to five (5) minutes or less.
6.5 Oral Presentations by City Manager: Matters requiring ;
the council's attention or action which may have developed since 1
the deadline for delivery of the written communication to the
Council may be presented orally by the City Manager. If formal
Council action on a subject is required, such action may be
taken provided the provisions of the Texas open Meetings Law !
have been satisfied.
6.6 Presentation of Proclamations: The agenda may provide
a time for the presentation of proclamations. The Mayor or
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1 Chairperson AYOXX may deliver and present proclamations upon
M the request_ of citizens )4W/AW/& W//W//VVlf//OOOXX$J/
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Proclamations may encompass any activity or theme except that
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proclamations with a theme religious or partisan in nature shall
not be presented. Moreover, proclamations shall not be used for
any commercial or advertising purpose,
7. CONSIDERATION OF ORDINANCES, RESOLUTIONS, AND MOTIONS
7,1 Printed or Typewritten Form: All ordinances and
resolutions shall be presented to the council in printed or
typewritten form. The council may, by proper motion, amend any
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ordinance or resolution presented to it and direct that the
amended ordinance be placed on the next Council Agenda for
adoption.
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7.2 City Attorney to Approve: All ordinances,
resolutions, and contracts and amendments thereto, shall be
approved as to form and legality by the City Attorney, or he
shall file his written opinion on the legality of such
ordinance, resolution or contract prior to submission to the
Council. (Charter, Section 6,02)
7.3 Distribution of Ordinances and Resolutions: Thu City
Manager shall prepare copies of all proposed ordinances and !
resolutions for distribution to all members of the Council at
the meeting at which the ordinance or resolution is introduced,
or at such earlier time as is expedient.
7.4 Recording of Votes: The ayes and noes shall be taken
upon the passage of all ordinances and resolutions and the vote
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of each member shall be recorded in the minutes. (Charter,
Section 2.06(b))
7.5 Majority Vote Required: An affirmative vote of four
(4) members is necessary to repeal any ordinance or take any 1
official action in the name of the City except as otherwise
provided in the Charter or by the laws of the State of Texas.
7.6 Demand for Roll Call: Upon demand of any member, the
roll shall be called for yeas and noes upon any question before
the Council. It shall not be in order for members to explain
their vote during the roll call.
7.7 Personal Privilege: The right of a member to address
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the Council on a question of personal privilege shall be limited
to cases in which his integrity, character, or motives are
assailed, questioned, or impugned.
7.8 Dissents and Protests: Any member shall have the
right to express dissent from or protest against any ordinance
r or resolution of the council and have the reason therefor i
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entered upon the minutes. Such dissent or protest may be filed
in writing, and presented to the council not later than the next
regular meeting following the date of passage of the ordinance f
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or resolution objected to. o
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7.9 voting Required: No member shall be excused from j
voting except for lack of information and except on matters
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involving the consideration of his own official conduct, or 1
where his personal interests are involved, and in these
instances he shall abstain. Any member prohibited from voting
by personal interest shall announce at the commencement of
consideration of the matter and shall not enter into discussion
or debate on any such matter. The member having briefly stated
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the reason for his request, the excuse from voting shall be made
without debate.
7.10 Order of Precedence of Motions: (a) The following
motions shall have priority in the order indicated:
1. Adjourn (when unqualified) and is not debatable
and may not be amended;
2. Take a recess (when privileged);
3. Raise a question of privilege; 1
4. Lay on the table;
5. Previous question (2/3 vote required);
6. Limit or extend limits of debate (2/3 vote
required);
7. Postpone to a certain time;
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E 8. Commit or refer; J
9. Amend;
10. Postpone indefinitely; .
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11. Main motion.
(b) The first two motions are not always privileged. To
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adjourn shall lose its privilege character and be a main motion
if in any way qualified. To take a recess shall be privileged
only when other business is pending.
(c) A motion to adjourn is not in order:
1. When repeated without intervening business or
discussion;
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2. when made as an interruption of a member while
speaking;
3. while a vote is being taken.
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(d) Can be amended - others cannot be amended. '
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(3) A motion to amend shall be undebatable when the
question to be amended is undebatable.
7.11 Reconsideration: A motion to reconsider any action of
the Council can be made not later than the next succeeding
official meeting of the Council. Such a motion can only be made
by a member who voted with the majority. It can be seconded by a
1.
any member. In order to comply with the Texas Open Meetings I
Law, any Councilmember who wishes to make such a motion at a
meeting succeeding the meeting where the action was taken shall
PAGE 16 +
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notify the City Manager to place th item for reconsideration on
the Council agenda. No question shall be twice reconsidered,
except by unanimous consent of the Council, except that action
related to any contract may be reconsidered at any time before
the final execution thereof.
7.12 The Previous Question: When the previous question is
moved and seconded, it shall be put bd follows: 'Shall the main
question be now put?". There shall then be no further amendment
or debater but pending amendments shall be !
put in their order l
before the main
question. If the motion for the previous ~
question is lost, the main question remains before the council.
An affirmative vote of three-fifths of the Council shall be
required to move the previous question. To demand the previous
question is equivalent in effect to moving "that debate now
cease, and the Council immediately proceed to vote on the
pending motion". In practice, this is done with the phrase
"Call for the
Question", or simply saying •Queskion", `
7.13 Withdrawal of Motions: A motion may be withdrawn, or
modified, by its mover without asking permission until the
1
motion has been stated by the ffNli l~l~¢I~~~/~ Presiding officer$ JJ!
if the mover modifies his motion, the seconder may withdraw his I
second. After the question has been stated, the mover shall
neither withdraw it not modify it without the consent of the
Council.
PAGE 17
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7.14 Amendments to Motions: No motion or proposition of
the subject different from that under consideration shall be
admitted under color of amendment. A motion to amend an
amendment shall be in order, but one to amend an amendment to an
amendment shall not be in order.
7.15 Appropriations of Money: Before formal approval by
the Council of motions providing for appropriation of money,
information must be presented to the Council showing the purpose
of the appropriation, in addition, before finally acting on
such an appropriation, the council shall obtain a report from
the city manager as to the availability of funds and his
1
recommendations as to the desirability of the appropriation.
7.16 Transfer of A ro riations: At the request of the J
City Manager, and within the last three (3) months of the budget
year, the council may by resolution transfer an unencumbered I
balance of an appropriation made for the use of one department,
division, or purposes but no transfer shall be made of revenues 1
r or earnings of any nontax supported public utility to any other
purpose.
8, CREATION OF COMMITTEESt BOARDS AND COMMISSIONS 1
8.1 Council Committees: The council may, as the need
0
arises, authorize the appointment of the 'ad hoc' Council
committees. Any committee so created shall cease to exist upon
PAGE 18
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the accomplishment of the special purpose for which it was
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created or when abolished by a majority vote of the Council.
8.2 Citizen Boards, Commissions, and Committees: The
Council may create other Committees, Boards and Commissions to
assist in the conduct of the operation of the City government
4 with such duties as the Council may specify not inconsistent
with the City Charter or Code. Memberships and selectf.on of
members shall be as provided by the Council if not specified by
the City Charter or Code. Any Committee, Board, or Commission
so created shall cease to exist upon the accomplishment of the
special purpose for which it was created, or when abolished by a
majority of the vote of the Council. No Committee so appointed
shall have powers other than advisory to the Council or to the
i City Manager, except as otherwise specified by the Charter or
Code.
8.4 Rules of Pro~.edure: Board and Commission members
shall comply with the provisions of Article III of Chanter I of
the Code of Ordinances. Each board shall be provided a copy of
i
these rules of procedure and each advisory board shall adopt
rules of procedure governing the operation of its boards
i incorporating Sections 2, 3, 5, and 7 hereof insofar as is
possible.
9. VOTES REQUIRED
i
Questions on which the voting requirement is varied by the
Charter, State Statutes and these rules are listed below:
r,
PAGE 19
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9.1 Charter and State Statutory Requirements:
(a) Charter Amendment - Five Votes:
Ordinances submitting proposed Charter amendments must
be adopted by a two-thirds vote of the Council, (Article XI,
section 31 Texas Constitution and Article 1165, Revised Civil
Statutes). For a seven member Council, this means five members
must vote affirmatively.
(b) Levying Taxes - Five Votes:
Ordinances providing for the nnsessment and collection
of taxes require the approval of two-thirds of the members of
the Council. (Article 1033, Revised Civil Statutes.)
(c) Changing Paving Assessment Plans - Five votes:
Changes in plans for paving assessment require a
two-thirds vote of the council. (Article 1105b, Section 10,
Revised Civil Statutes.)
y I I
(d) Changes in Zoning ordinance or Zoning classifications:
In cases of a written protest of a change in a zoning
regulation or zoning classification by the owners of twenty
I
(204) percent or more either of the area of the lots included in i
such proposed change, or of the lots immediately adjoining the
same and extending two hundred feet (2001) therefrom, such
amendment shall not become effective except by the favorable {
vote of three-fourths (3/4) of all members of the City Council:
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six (b) votes of the City Council is required to override the
` decision of the Planning and Zoning commission that a zoning
change be denied.
10. RULES SUSPENSION OR AMENDMENT
I 10.1 suspension of Rules: Any provision of these rules not
governed by the City Charter or Code may be temporarily suspended
k by a majority vote of the council. The vote on any such
suspension shall be taken by yeas and noes and entered upon the
record.
10.2 Amendment of Rules. These rules may be amended, or new
rules adopted by the affirmative vote of four (4) members of the j
Council, provided that the proposed amendments or new rules shall
I
have been introduced into the record at a prior Council meeting. ;
r` 11. SEVERABILITY CLAUSE
That if any section, subsection, Paragraph# sentence, clause,
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phrase or word in this ordinance, or application thereof to any
person or circumstances 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 ~II
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City of Denton, Texas, hereby declares it would have enacted such
remaining portions despite any such invalidity.
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PACE 21
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PASSED AND APPROVED this the day of , 1990.
Y STEPHEN # AY
ATTEST:
JEN41FER WALTERSt CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM: {
DEBRA ADAMI DRAYOVITCH# CITY ATTORNEY
BY: i
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PAGE 22
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D OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the city council
FROM: Debra A. Drayovitch, City Attorney
SUBJECT: Update on Activities of City council Subcommittee
Regarding Amendments to Hotel Occupancy Tax
DATE: February 2, Y'Y 1990
This afternoon Bob, Jim, John and i completed. our meetings with i
representatives of the organizations currently receiving hotel tax
funds. The meetings seemed to go very well and several alterna-
tives to the earlier suggestion of a fixed dollar "cap" were f
discussed. We will be meeting again before Tuesday's council I,
meeting to finalize recommendations to be presented to the Council. i f
Reap tfully bmitted, 1
Debra A. Drayovitch
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DAD:lah ` y
xc: Lloyd V. Harrell, City Manager
hotel.mem
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DATE: 02/06/90 -43 CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
4 FROM: Lloyd V. Harrell, City Manager
I
SUBJECT: PLANNING AND ZONING COMMISSION REPORT RE: SIGN ORDINANCE
,
RECOMMENDATION:
Continue further study of the Sign Ordinance as noted in the
attached memo. Consensus to proceed along the lines of the report
j is sought.
SUMMARY:
See the attached memo.
E BACKGROUND:
Since November 1989, the planning and Zoning Commission has been
taking testimony and analyzing numerous sign issues as part of its
comprehensive review of the Sign Ordinance. Many sign industry
j representatives, the Chamber of Commerce, interested citizens, and
the Beautification Commission have actively participated in the
process to date.
I PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED:
Beautification program: Planning, Building Inspections, Legal, and
k Code Enforcement Departments: the business communityt a group of `
i churches seeking portable signet all people that travel in and
through Denton.
FISCAL IMPACT:
NA
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Respeo lly submi t t
oy. Harrell
aced
City onager ~ •
tank H. Robbins, AICP
1 Executive Director
j Planning and Development
2117x
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CITY of DsNTON 1215 E. McKinney / Denton, Texas 6201
MEMORANDUM
I~ V
DATE: January 31, 1990
` TO; Mayor and City Council )
FROM: Frank H. Robbins, Executive Director for
Planning and Development
DIZONING REPORT TO COUNCIL CONCERNING
SUBJECT: THE SIGN AND
On January 101 1990, the Plan issues for which further study should nd Zoning n its report to you about sig that study, sign ordinance
or should not be conducted. From
amendments might follow.
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1. Portable Signs weakening of existing portable
sign provisions would be incon-
sistent with the community's
values. No further study or
ordinance amendment necessary.
2, sign size and height No further study necessary. The
existing standards are
consistent with the region's.
` Amendment
eliminating sign clutter
and (2) more effective, less
costly signage.
3. Transition, or phasing No further study necessary.
in lower standards over Many legal, administrative, and
time. equity problems would arise.
Further consideration warranted.
~ 4. Special Sign Board with
broader authority.
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Beautification Commission
January 18, 1990
Page 2
5. Measuring the height Further study warranted.
of a sign.
6. Changing the face, Further study warranted.
The degree to which
changing the face of a
sign, letters, or figures
on the face, or supporting
structure of a non-conform-
ing sign would require
compliance with all sign
ordinance standards.
i
7. Non-substantive
Desirable
clarification
8- SDHPT certification Should be added.
standards
9. No amendment for
ear(s) statement Further analysis warranted.
.
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Frank Robb ns AICP k
Executive Director for
' Planning and Development
db
C03 Euline Brock, Chair, Planning 6 Zoning Commission
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po/signamen
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CITY of D/'NTON, T"AS 215E, McK1NNEYI DENTON, TEXAS 762011 TELEPHONE (817) 586.8200
MEMORANDUM
DATE: February 2, 1990
TO: Lloyd V. Harrell, City Manager
FROM: John F. McGrane, Executive Director of Finance
SUBJECT: TU ELECTRIC RATE INCREASE
Attached is a copy of a request from TU Electric seeking a 10.21
rate increase to its customers. The City Council has original
jurisdiction over TU Electric rates for all the customers that
reside within the city limits. The request indicates that TU
Electric anticipates that a 10.21 increase in their annual rates
will increase their electric revenues by $442,3539715. In 1
reviewing the request, it appears that we have four options: i
11. The City can exercise its right of original ? i
jurisdiction and hear the rate case, i
2. The City can give up its original jurisdiction to
the Public Utility Commission of Texas.
3. The City can go ahead and pass the increase and
' refer it to the Public Utilities Commission of
Texas and if the Public Utilities Commission of t
Texas does not increase the rate, then the Utility f
company would have to refund the increase back to
the customers.
4. The City could suspend the rate schedules and
service regulations for ninety (90) days and keep
the same rates that are currently in effect during
the period of suspension and then it would be our
intent to refer the matter to the Public Utilities
Commission of Texas and accept the same rate
schedules and service regulations that they do.
a~ ~ j
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Memo to Lloyd V. Harrell
r'~• February 2, 1990
Page 2
I have discussed this matter with Bob Nelson and Debra
Drayovitch and our recommendation would be to suspend the rates
for ninety (90) days which would allow us sufficient time to
review the matter.
We will be presenting this matter to the City Council at a work
session in order to review the alternatives and to get direction
on which way we should be proceed. However, because Texas
Utilities would like the rates to become effective February 20,
1990, we believe some action may be required at the February 6th
meeting.
If you need any additional information, please advise.
n Mc lane
McG:af
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Attachment
5093F
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WEZECTRIC y
t
January 16, 1990
V
City of Denton,
Attached for filing please find a petition and Statement of
Intent for Texas Utilities Electric Company (TU Electric).
This rate request is identical to those also being filed
today with other regulatory authorities and affects all customers
served by TU Electric.
Also, transmitted with this letter as part of this filing is a
rate filing package containing the testimony and data upon which
the proposed rates are based. The entire rata filing package
consists of twenty-four (24) separately numbered volumes and
contains a copy of TU Electric's Petition and Statement of Intent
before the Public Utility Commission of Texas for your
information.
Should you have any questions concerning the rate fili
give me a call. filing, please
Ver ?cvsd4l
JamMana j
Aeknowle By:
Title:-
Date:
I
P. 0. ioR 2J9 Drcuur, Tau 76774-0]19 " +
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BEFORE THE
GOVERNING BODY OF THE CITY OF DENTON
REs APPLICATION OF TEXAS S
UTILITIES ELECTRIC COMPANY S DOCKET NO.
FOR AUTHORITY TO CHANGE RATES S
PETITION AND STATEMENT OF INTENT
TO THE HONORABLE SAID GOVERNING BODY:
COMES NOW Texas Utilities Electric Company ("TU Electric"), a corporation
organized and existing under the laws of the State of Texas and a public utility as that
term is defined in the Public Utility Regulatory Act, Article 1446c, V.A.T.S. (the "PURA")
and files this Its Petition and Statement of Intent, respectfully showing unto this
Honorable Governing Body the followings
1.
The most recent rata Increase received by any portion of the TU Electric system
was In January 1984, when Dallas Power do Light Company, one of TU Electric's corporate
predecessors, was granted a rate increase in Docket No. 5258. TU Electric's only rate
l
case, Docket No. 5640, resulted in an October 1984 order reducing rates by some $7
million. TU Electric has worked diligently to Improve productivity and control costs,
which not only has enabled It to forgo rata rellef for some six years but which also enables
TU Electric to bring Comanche Peak Unit 1 into rates and, yet, hold the line on this
necessary rate Increase to 10.2%. TU Electric's ability to forgo rate relief for co long and
its aggressive efforts to tale advantage of declining natural gas prices have 5enefited
customers to the point that, currently, the average cost of a kllowatthour is about what It
was In 1962. With the Increase sought hereby, the average cost of a kilowatthour holds
PETITION AND STATEMENT OF INTENT - Page l
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steady at about the level it was in 1984. This, despite the facts that, between January 1,
£984 and June 30, 1989, TU Electric has added 330,000 new customers, has Invested $7,2
a billion In additional plant and equipment, and has seen the effects of Inflation Increase its
non-fuel operating expenses by almost $300 million.
The rate Increase sought hereby 13 the minimum rate relief required to maintain TU
Electric's financial integrity and to permit it to attract the capital necessary for it to
continue to fulfill its public service obligations of providing reliable electric service to
its customers at reasonable costs. Moreover, the rate Increase sought hereby Is the minimum
rate relief required to permit TU Electric a reasonable opportunity to earn a reasonable
return on Its invested capital used and useful in rendering service to the public over and
above its reasonable and necessary operating expenses.
TU Electric, In accordance with Substantive Rule 23.23(bx2) of the public Utility
Commission of Texas, is requesting final reconciliation of its fuel costs and fuel revenues
during the period April 1, 1983 through June 30, 1989, and the approval of revised fuel
factors reflecting TU Electric's known or reasonably predictable fuel costs and
kilowatthour sales for the period from May 1990 through April 1991.
11. 1
This Honorable Governing Body has jurisdiction over TU Electric and the subject
matter of this Petition and Statement of Intent by virtue of Section 1T(a) of the PURA. {
I III.
1
In keeping with the provislons of Section 43(a) of the PURA and in order to assure
the timely avaW illty of the needed rate relief In the event that this Honorable
^roverning Body surpends the proposed effective date of the proposed rates, TU Electric !
proposes that the proposed change in rates be effective on February 20, 1990.
i
PETITION AND STATEMENT OF INTENT: Page 2
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G pppyyyy:.
IV. j4
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The proposed revised tariffs and schedules are set forth In Volume XVIII of this
filing and statements specifying in detail each proposed change are set forth in
Volumes XXII and XXIV of this filing.
V.
The proposed changes are expected to increase TU Electric's adjusted test-year
operating revenues 10.2%, or $442,353,715, which includes the effect of the proposed
reduced fuel factors. The test-year upon which this Petition and Statement of Intent Is
based Is the twelve-month period beginning July 1, 19880 vid ending June 30, 1989.
V1,
All of TU Electric's customers and classes of customers in areas over which this
Honorable Governing Body exercises original jurisdiction will be affected by the proposed
changes.
VII. JJ
Attached and made a pert hereof for all purposes, in twenty-four (24) volumes, 1
numbered 1 through XXfV Is a complete rate filing package setting forth such other
Information required by the Public Utility Commission of Texas, including testimony
supporting the proposed changes in TU Electric's rates.
Vlll..
Virtually Identical PoUtions and Statements of Intent (together with all pertinent
information filed herewith) are being filed with the Public Utility Commission of Texas
and with the approprlate offloer of each municipality that exercises original jurisdiction
over TU Electric's rates, operations and services.
PETITION AND STATEMENT OF INTENT - Page 3 i
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r The business and malling address of TU Electric Is:
Texas Utilities Elactric Company
2001 Bryan Street
Dallas, Dallas County, Texas 75201
TU Electric's business telephone number, irkzluding area code, is:
(214) 812-4600
TU Electric' authorized representatives area
T. Michael Ozymy
Vice President
Texas Utilities Electric Company
2001 Bryan Street, Suite 1900 1
Dallas, Dallas County, Texas 75201
(214) 812-4632
and
Robert A. Wooldridge
S. Dan Bohannan
Worsham, Forsythe, Sampels do Wooldridge
2001 Bryan Street, Suite 3200
Dallas, Dallas County, Texas 75101
(214) 979-3000
General inquiries concerning this Petition and Statement of intent should be directed to
Mr. Ozymy at the above stated address and telephone, or to the management of TU
Electric's local office serving this municipality.
WHEREFORE, PREMISES CONSIDERED, TU Electric respectfully prays this
Honorable Governing Body to approve and authorlse the changes In Its rates proposed j
herein, and to grant and award such other and further relief to which TU Electric may be j
justly entitled.
I
PETITION AND STATEMENT OF INTENT - Page 4
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Respectfully submitted,
WORSHAM, FORSYTHE, SAMPELS do
WOOLDRIDGE
Robert A. Wooldridge
State Bar No. 71984000
J. Dan Bohannan
State Bar No. 02583000
2001 Bryan Street, Suite 3200 1
Dallas, Texas 75201 1{
Telephow (214) 979-3000
By'
Robert A. Wooldridge
ATTORNEYS FOR TEXAS UTILITIES
ELECTRIC COMPANY ;
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PETITION AND STATEMENT OF INTENT - Page 5
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CITY COUNCIL WORK SESSION
FEBRUARY 6, 1990
TOj MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM, Lloyd V. Harrell, City Manager
RE: Agreement for Wholesale Electric Service to the City
of College Station /Farmersville
A review of this item will be presented at the City Council
2eeting.a Snmmarydofsthecayreemente ExhibitdlCOntract, Exhibit
Respectfully submitted,
Lloyd V. Harrell, City Manager
Prear Won 'l
R. E. NAxe (veirector
Department of Utilities
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Summary of Agreement for Wholesale Electric Service
to the City of College Station
k J
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A resolution authorizing a proposal to the City of College
Station, offering the sale of power and energy by the member
cities of TMPA beginning in 1992, was made September 5, 1989.
A contract has been negotiated for an initial demand of 110,000
` KW at 90% power factor to be supplied at 138,000 volts. College
h Station voted December 28 to accept the proposal. The proposal
i provides for the four cities to furnish power and energy to the
City of College Station based on the average cost. It also
includes options which will allow College Station to participate
in future TMPA generating facilities.
The attached schedules show the rates and charges. Schedule "A"
has a demand charge of $11.78/kw/mo. and an energy charge of
24/kwh. A monthly fuel charge will be added to the energy charge
based on the average cost of fuel for supplying all kwh. This I
rate will be in effect until December 31, 1995, or the date of
commercial operation of a unit in which College Station is a
participant.
Schedule "B" shows that College Station will be credited for a
portion of the existing joint or common facilities which would be
utilized for a new generating unit. The amount of $6,000,000 is
' based on approximately $4,500,000 of transmission facilities.
.~f Schedule "C" shows the method of calculating the system average
. cost which will include debt service operating and maintenance
cost of each cities generation facilities. k
` It is expected that the initial cost to serve the City of College I
Station by constructing the 138 KV transmission lines and
necessary switching station with metering will be approximately
$6,250,000. The planning and operating committee recommends that
this amount be repaid from the proceeds received from the demand
i portion of the billing to College Station. This should be
` recovered in about 8 months.
r The division of profits from this sale will be based on each
city's excess capacity. It is estimated that Denton's share will
be about $1,500,000 annually beginning approximately September
1992, which will be used to reduce the cost of energy to our
customers. i
01310048
,
` EXHIBIT
F1
F1,
LC-50.5
y r" AGREEMENT FOR WHOLESALE ELECTRIC SERVICE
s
r
This Agreement is entered into by and between the City of
College Station, a Texas Municipal Home-Rule Corporation
(hereinafter referred to as College Station) and the cities of
Bryan, Denton, Garland and Greenville, Texas, (hereinafter referred
to as Supplying Cities) for the sale and purchase of wholesale
electric service.
WHEREAS, College Station has a need for an economical,
reliable source of power and energy to supply its residents and to
meet the demands of its load growth;
WHEREAS, the Supplying cities each own and operate municipal
electric generation and distribution systems which have enough
capacity to meet their load and power requirements, as well as
reserve requirements and other contractual requirements for the
period of this contracts
WHEREAS, certain Supplying Cities currently have sufficient j
capacity to provide College Station with electricity for its
current load;
1b I
WHEREAS, the Supplying Cities desire to sell and College
Station is willing to purchase power and energy on the terms and
conditions herein set forth;
WHEREAS, the Interlocal Cooperation Art expressly allows
cities to make mutually beneficial agreements for the sharing of
services and functions so as to provide for the welfare of their
citizens and obtain beneficial economical savings=
WHEREAS, the Supplying Cities and college station desire to
f participate together in the planning, construction and use of
I future generation facilities;
F
NOW THEREFORE, in consideration of the mutual undertakings
herein contained, the Supplying Cities and College Station agree
as follows:
ARTICLE I.
DEFINITIONS AS USED HEREIN
(a) "TMPA" shall mean the Texas Municipal Power Agency.
(b) "College Station" shall mean the City of College Station,
Texas.
(c) "Supplying Cities" shall mean the cities of Bryan, Texas;;
Denton, Texas; Garland, Texas; and Greenvills, Texas.
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ARTICLE II.
SALE AND PURCHASE OF POWER AND ENERGY
(a) The Supplying Cities agree to provide and College Station
agrees to purchase and to receive the total requirements for
power and energy which College Station shall require for the
operation of its utility.
(b) Power and energy supplied under this contract may only be used
to supply College Station retail customers and may not be
resold to other utilities at wholesale or sold to any person
or business pursuant to a written contractual arrangement or
other understanding which differs in any respect from sales
to the public generally.
(c) Power and energy supplied pursuant to this agreement shall
commence on the 1st day of January 1992.
i
(d) In the event College Station determines that it will not
participate with the Supplying Cities in future generation,
power and energy shall be supplied until the 31st day of
December 1995 as provided herein. The Supplying Cities will
notify College station two years prior to the time they will
not have the capacity to supply College Station's required
power and energy; in which event, without further liabilit~
to the Supplying Cities, College station shall be entitled to
take all or part of its power and energy from another source.
In that case, the Supplying Cities will supply power and
energy to College Station on a schedule to be mutually agreed
upon one year prior to College Station's purchases from the
other source. At any rate, the Supplying Cities will not be
required to build capacity for College station's load if 1
College Station does not participate in future generation
projects. The Supplying Cities agree to provide College
Station with any and all information that would lead a
reasonable person to conclude that the Supplying Cities will
not have sufficient capacity to meet College Station's
requirements as set forth in College station's ten-year
forecast.
In the event college Station determines that it will
participate with the Supplying Cities on future generation
projects, this agreement shall continue in full force and
effect for College Station's load not supplied by these
generation projects or generated by College Station as long
as College Station is a participant in future projects or
contractually joins with the Supplying Cities subject to rate
changes as set forth in Schedule "A."
(e) By February lot of each year, College Station shall supply a
ten-year forecast of its load, energy, and power requirements.
The Supplying Cities shall supply requested increases in load, {
energy, and power requirements, subject to the terms of this
contract.
s
-2-
LC-50.5
r (f) The Supplying Cities shall make all necessary arrangements for
transmission of power and energy from their generation source
to College Station's metering points and shall assume as a
part of the scheduled rate charges all transmission costs.
(g) The Supplying Cities shall use reasonable diligence to provide
a constant and uninterrupted supply of power and energy
hereunder. If the supply of power and energy shall fail, or
be interrupted, or become defective by reason of force majeure
as hereinafter provided, the Supplying Cities shall not be
liable therefor or for damages caused thereby.
(h) The obligation of College Station to purchase power and energy
shall not be a debt of College Station, but shall be
discharged as an operating of its electric utility and only
from electric utility revenues.
ARTICLE III.
/ FUTURE GEUJ ET7AM
I4 that the Supplying Cities lnotify College
as g the Station of
date that the
The Station must make cities have identified
College
a contractual commitment to participate in the
next phase of generation, no less than one year in advance of the
contractual decision date. College station agrees to promptly
provide the Supplying Cities with its decision with regard to
participation by the 365th day of receipt of said notice from the
Supplying Cities.
The parties agree that college Station will be credited by the
supplying cities an amount pursuant to schedule "B" on college
Station0s participation or contractual joinder in future generation
projects built by TMPA.
The Supplying Cities agree that they shall each use their best
efforts to take necessary action to authorize and include the
participation by College Station as an equal member of the future
project to the extent permitted by law. The Supplying Cities and
College Station shall jointly (each individual city's vote shall
be based upon the vote of the voting members, each vote having
equal weight) participate in the decision making process with
regard to the construction of, financing of, anrl rates charged for
generation by any new facilities.
Coll*ga station upon sending notification to the Supplyyying
Cities Intent to participate in a efforts to secure legal authors ation eto
participate.
ARTICLE IV.
~.Ql~.TBACT POWER
The amount of power provided by the Supplying Cities initially
shall be 110 MW of electric power.
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LC-59.5
r ARTICLE V.
' pQINTfS) OF DELIVE$Y
(a) The Supplying Cities shall deliver to college station energy
and power at three (3) phase, alternating current, at a
nominal voltage of 138,000 Volta, and a nominal frequency of
sixty (60) hertz at College Station's South Substation and at
its College Station Switch Station, and at other points or
such different points or voltages as mutually agreed.
(b) College Station shall maintain its system such that the power
factor at each metering point shall be between .90 lagging and
a .90 leading. In the event that the y peak demand is less than.90 r lagfactor ging, the h
of monthly demand
1
for billing purposes will be adjusted by the formula:
Adjusted demand &gJU de}q~nd x .90
Power Factor
ARTICLE VI.
MUTERS
(a) Metering equipment shall be furnished, installed and
maintained by the supplying cities at each point of delivery
to College Station at the high voltage side of the
transforming equipment located there. The Supplying cities
shall read meters or cause meters to be read and bill College
Station for the power and energy furnished pursuant to this
agreement at monthly intervals.
(b) Supplying Cities shall test and calibrate meters or cause 1
meters to Ce tested and calibrated by comparison with accurate or such other
standards at intervals of twelve months, tities shall also
intervals as the parties agree. supplying
make or cause to be made special meter tests at any time at
College Station's request. The costs of all tests shall be
borne by Supplying cities, provided, however, that if any
special meter test made at College Station's request shall
disclose that the meters are recording accurately, College
such
Station shall reimburse Supplying Cities the cost of the
test
test. The Supplying Cities shall pay for
whenever the test reveals the meter to be in error by more
than one-half of one percent. The readings on any mater which
shall have been disclosed by test to be inaccurate shall be
corrected from the beginning of the monthly during billing period
which the
immediately preceding the billing period
tests are made in accordance with the percentage of inaccuracy
found by such test, provided, that no correction shall be made
for a longer period unless the supplying cities and College
Station mutually agree thereto. Should any meter fail to
register, the power and energy deliivredbeduring such estimated byrto
of failure shall for billing purposes
Suand Colleo Station from the pplying Cities shall notify b College oSta
Supplying i The Cities
available. tion
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LC-50.5
or cause College Station to be notified in advance of the time
a of any meter reading or meter test.
ARTICLE VII.
RATES AND CHARGES
(a) Supplying Cities agree to sell and College Station agrees to
purchase power and energy on the terms and conditions set
forth herein. Supplying Cities shall sell to College Station
power and energy pursuant to Schedule "A" attached and
incorporated herein.
The rates and charges for the power and energy supplied are
and shall be:
(1) nondiscriminatory, and
(2) fair and reasonable, and be based upon the Supplying
Cities' average cost of providing the power and
energy, and
(3) said rates shall be adjusted annually to reflect the
average costs per KWH as calculated on an annual
basis, pursuant to Schedule "C" attached hereto. .
(b) The parties agree that the rates and charges designated ih
Schedule "A" are firm until college station jointly
participates in generating capacity that is in commerical
operation or generates its own power and energy. In addition,
average costs per KWH shall be calculated according to
Schedule "C." However, on an annual basis, until College
Station jointly participates in generating capacity that is
in commerical operation or generates its own power and energy,
within 120 days of September 30 of each contract year, the
Supplying Cities shall review their average costs per KWH for
the preceding year as compared to the costs charged pursuant
to Schedule "C" and shall rebate to college Station any funds
overcharged during the twelve-month billing period following
j September 30 of each contract year in which the overcharges
occurred. In the event said average costs per KWH are greater
than the actual rates and charges, then no additional charges
shall be made to College Station.
(c) After College Station participates in generating capacity in a
commerical operation or generates its own power and energy the i
calculation of average costs shall be charged to reflect that
reduced demand on the Supplying Cities and then current
Supplying City costs.
ARTICLE VIII.
l DEFAULT
(a) If College Station or the Cities fail or default in meeting
the terms of this agreement and such default continues for a
period of fifteen (15) days, then the nondefaulting party
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shall give written notice to the defaulting party specifying
the nature of the default and the remedy that it, the
nondefaulting party, seeks to impose if such default is not
remedied within fifteen (15) days. Upon the expiration of the
fifteenth (15th) day, the nondefaulting party shall be
entitled, unless otherwise ordered by a court or regulatory
body, to terminate service or pursue other available remedies
at law or in equity, including cancellation of the contract-.
(b) If College Station fails to make any payment (hereinafter
called a default in payment) to the Supplying Cities that it
is required to make as payment for energy and power, and such
default in payment continues for a period of fifteen (15)
days, the Supplying Cities shall give written notice to
College Station. College Station shall, from the date of the
mailing of such notice, have a period of thirty (30) days to
i pay the full amount then due to the Supplying Cities.
I
(c) With regard to disputed payments college Station may elect to
make payment under protest of the nondisputed amount placing
the disputed amount into escrow until the dispute is resolved
with the Supplying Cities. Once the dispute is resolved, the
prevailing party shall be entitled to the disputed funds with
interest.
ARTICLE IX. t
FORCE MAJEURE
The term "force majeure" as employed herein shall mean acts
of God, strikes, lockouts, or other industrial disturbances, acts j
of the public enemy, orders or action of any kind of government of
the United States or of the state of Texas or any civil or military
authority, insurrections, riots, epidemics, lightning, fire,
sabotage, riot, disturbance, explosion, flood, earthquake, storm,
hurricane, wind, accident, failure of performance on account of any
other cause not reasonably within the control of the party claiming
such inability. If for any reason of "force majeure" any of the
parties hereto shall be rendered unable, wholly or in part, to
j carry out its obligations under this agreement then such party
shall give notice and the full particulars of such reasons in
writing to the other party within a reasonable time after the
occurrence of the event or cause relied on; the obligation of the
party giving such notice, so far as it is affected by such
particular "force majeure," shall be suspended during the
continuance of the inability then claimed, but for no longer
period, and such party shall have the duty to endeavor to remove
4 or overcome such inability with all reasonable dispatch. No damage
r shall be recoverable from either party by reason of the causes
f above mentioned. It is further agreed, that the settlement of
strikes and lockouts shall be entirely within the discretion of the
j party having the difficulty, and that the above requirement that
any "force majeure" shall be remedied within reasonable dispatch
shall not require the settlement of strikes or lockouts by acceding
to the demand of opposing parties when such settlement is
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unfavorable to it in the judgment of the
difficulty. party having the
ARTICLE X.
GOVERNMENTAL REGULATIONS AND ,W
This agreement shall be subject to all of the valid rules,
regulations, and laws applicabl,: thereto, as promulgated by the
United States of America, the state of Texas, or any other
governmental body or agency having lawful jurisdiction or any
authorized representative or agency of any of them.
ARTICLE XI.
E8UJWAM
College Station and the Supplying Cities agree that the
Supplying cities shall, when permitted by existing easement, have
full access to such easements, rights-of-way or property held by
College Station, if, and to the extent, reasonably required for the
provision of power and energy to College Station and not
interfering with existing uses.
ARTICLE XII.
NOTICES ,
writing statement
in this yagnotice, reementrshalltbe demand,
shall bill
considered ito
have been duly delivered when sent by registered or certified mail,
addressed as follows, unless another address has been designated,
f in writing, by the party entitled to receive the same:
1
CITY OF COLLEGE STATION
Attn: City Manager
P.O. Box 9960
Col:.ege Station, TX 77842
f CITY OF BRYAN
I Attn: City Manager
P.O. Box 1000
Bryan, TX 77805
CITY OF P%NTON
Attn: City Manager
21.5 E. McKinney
Denton, TX 76201
CITY OF GARLAND
Attn: City Manager
P.O. Box 469002
Garland, TX 75046
CITY OF GREENVILLE
Attn: Director of Electric Utilities
P.O. Box 1049
Greenville, TX 75401
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ARTICLE XIII.
AEMQVA
it is agreed that the parties' participation in this agreement
shall be subject to the approval of the appropriate governing
bodies and authorization of the appropriate signature hereto.
It is
aauthorizationfurtothesigr agreed
thistagreemenhat the shall provide proof of
ARTICLE XIV.
The Supplying Cities shall prepare and issue to College
Station a semiannual report of fuel costs and charges to College
Station. The Supplying cities shall also provide College Station
with all reports and statements, not privileged by law or court
decision, provided to them by TMPA, which reports shall include but
not be limited to (i) financial and operating statement relating
to the TMPA system; (ii) status of construction for each facility
constituting the TMPA system during construction; and (iii)
analysis of operations relating to the TMPA system.
ARTICLE XV.
RECORDS ANn ~nrnrrra e ~
of tf The Supplying Cities shall keep accurate records and accounts
power and energy transaction with regard to College Station.
Addi.,iunally, the Supplying Cities shall provide, on reasonable
request, access to all records and accounts of the Cities' system
and of~the transactions relating to each facility constituting the
Cities system to the extent such information is relevant to the This providecalculation
acc ss vtoif inicof nashalle not system extend ato information
privileged by law or court decision.
F
j ARTICLE XVI.
j ~o~=~TS To B~ P R,Tx
This instrument embodies four separate contracts between the
Supplying Cities and College Station. Each Supplying City's
obligation under this contract shall be limited to a proportion of
i the total requirements which is calculated by multiplying college
Station's requirement by a fraction, the numerator of which is the
difference between that city's available capacity, including its
then current entitlement from Gibbons Creek and 1.15 times that
city's native peak load, not including other firm or nonfirm sales
and the denominator of which is the sum of these calculations for
all the Supplying Cities.
ARTICLE XVII.
4NMEN
This agreement may not be assigned without the written consent
of all other parties to the agreement.
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{ ARTICLE XVIII.
EFFECTIVE DATE
The effective date of this agreement shall be January 1, 1990.
ARTICLE XIX.
SEVERABILITY
The parties hereto agree that if any of the provisions of this 1
contract should contravene or be held invalid under the laws of the
state of Texas, such contravention or invalidity shall not
invalidate the whole contract but it shall be construed as though
not containing that particular provision, and the rights and
obligation of the parties shall be construod and in force
accordingly.
ARTICLE XX.
AMENDMENTS
Notwithstanding anything in this agreement to the contrary,
this contract may only be amended upon the written agreement of the
parties. €
IN WITNESS WHEREOF, the parties hereto have caused thi
contract to be executed in their corporate names and their
corporate seals affixed, all by the proper officer duly authorized
thereunto, as of the day and year first hereinabove written. j
CITY OF COLLEGE STATION, TEXAS
h
By-
mayor
(Seal)
I
ATTEST:,
By:
City Secr ry
1
CITY OF BRYAN, TEXAS
By. A,40 :v
J (Seal) Mayor
ATTEST:
f
By.
C ty Secre ary
1
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LC-50.5
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CITY OF DENTON, TEXAS
BY:
Mayor
(Seal)
ATTEST:
By:
City Secretary
CITY 0 GAR D, TEXAS
By.
ayor
(Seal)
ATTEST: 1
BY:
City Secretary
CITY OF GREENVILLE, TEXAS k
k
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BY:
Chairman of Board
(Seal) 1
j ATTEST:
I ~
3 By:
4
Secretary of Board j~
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LC-50.5
SCHEDULE A
RATES
Demand Charge .................$11.78/KW
Energy Charge $ 2/MWH J
DEMAND CHARGE SHALL APPLY TO THE MAXIMUM HOURLY COINCIDENTAL 1I
METERED DEMAND RECORDED OVER THE BILLING MONTH (AS ADJUSTED FOR
POWER FACTOR, IF NECESSARY).
A MONTHLY FUEL CHARGE WILL BE MULTIPLIED BY THE ENERGY CONSUMPTION.
THE FUEL CHARGE WILL BE THE AVERAGE COST OF FUEL FOR THE SUPPLYING
CITIES AND COLLEGE STATION. THE FUEL CHARGE WILL BE CALCULATED ON
AN "ESTIMATE AND CORRECT" BASIS.
THESE RATES WILL CONTINUE IN EFFECT UNTIL THE EARLIER OF DECEMBER
310 1995 OR THE DATE OF COMMERCIAL OPERATION OF A GENERATING UNIT
IN WHICH COLLEGE STATION IS EITHER THE JOINT OWNER OF GENERATING
CAPACITY WITH TMPA OR PARTICIPANT WITH TMPA. AT THAT TIME NEW
RATES WILL BE CALCULATED TO REFLECT THE REDUCED DEMAND ON THE
SUPPLYING CITIES AND THEN CURRENT SUPPLYING CITY COSTS.
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LC-50.5
a SCHEDULE B
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c AT SUCH TIME THAT COLLEGE STATION JOINTLY PARTICIPATES WITH TMPA
IN A TMPA PROJECT IN WHICH JOINT FACILITIES WITH AN EXISTING TMPA
FACILITY EXISTS, THE VALUE OF THE PRO RATA SHARES OF THE EXISTING
FACILITY WILL BE CALCULATED WHICH WILL SERVE THE NEW FACILITY.
VALUE SHALL BE INSTALLED COST, LESS DEPRECIATION. COLLEGE STATION
WILL PAY, AS A PART OF ITS PAYMENT FOR THE NEW JOINT FACILITY, ITS
SHARE OF THE EXISTING FACILITIES. THE SUPPLYING CITIES WILL NOT
PARTICIPATE IN THE TMPA PROJECT UNLESS COLLEGE STATION IS CREDITED
$61OOOtOOO IN THE CALCULATION F EXISTING EXISTINGFACILITIES WHI HSER ETHE EW FACI ITY INCLUDEt BUT ARE
NOT LIMITED TO, LAND, RESERVOIR, SUBSTATION AND TRANSMISSION
FACILITIES, ADMINISTRATION AND MAINTENANCE FACILITIES, AND THE
LIKE.
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SCHEDULE C
THE SUPPLYING CITIES SHALL CALCULATE THEIR SYSTEM AVERAGE COSTS FOR
THE PURPOSES OF ADJUSTING RATES AS IN ARTICLE VII BY ANNUALLY
SUMMING THE DEMAND CHARGES OF TMPA, THE ENERGY CHARGES OF 9'MpA, THE
OPERATING AND MAINTENANCE COSTS FOR POWER GENERATION OF THE
SUPPLYING CITIES, DEBT SERVICE FOR GENERATION OF THE SUPPLYING
CITIES, AND ANY OTHER ASSOCIATED COSTS OF GENERATION OF THE
SUPPLYING CITIES.
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+ 01., 22M 21:18 SAWTELLE 000DE m 006
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M CONTRACT FOR SALE
AND PURCHASE OF FIRM
POWtR AND ENERGY
' between
City of Farmersville, Texas,
as purchaser
and each of
i City of Bryan, Texas,
city at Denton, Texas,
City Of Garland, Texas,
City of Greenville, Texas,
each acting an its own
behalf severally and not
jointly, as bailer
This Contract, Made and entered into as of the let day of
January, 1990 (but affective On the date provided in Section 11
hereof), by and between the city of Farmerevills, Texas (the
"Purchasers), a municipal corporation and political subdivision
of the State of Texas, and the City of Oryan, Texas, the City of
Denton, Texas, the City of Garland, Texas, and the City of
Qreenville, Texas, each of which cities is a municipal
corporation of the State of Texas (heroin called "seller" with
1
respect to prow lions applicable to each of them and called
f *Bryan,s sDenton,M sdarland,s or mareenviiis,s as the vase may
be, with respect to provisions applicable to them severally),
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$142190 21;18 SAWTELLE OOODE too
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SfR21409, the Purchaser has need of an sconomioal, reliable
source of Vim power and tnergy to most the growing demands of
` its customers and has determined to purchase such Fits Power and
energy from the 8e11arr and
WHEREAS, the Seller owns electric generating facilities and
transmission lines end purchases Power and En'argy from THPA for
i.
the purpose of supplying tirm Power and Energy to its customeraj
WHONAS, the Seller is authorized by Section 402.001 of the
Local ooverrmfent Code to 6611 electric service to any person
outside its boundaries and to contract with parsons outaide its
boundaries to permit them to connect with its System an terms
Seller considers in its best intareatt and
WNSMA0, the Purchaser is a person, within the meaning of
that term as defined in Section 311,003 of the Government Code,
located outside the boundaries of Seller and desires to purchase,
and the Saller, having found that the terms herein set forth are
in the bast interest of the Seller desires to sell, Firm Power
I
and Snorgy on the terms and conditions herein set forthi
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01.,22/0 21119 SAWTELLE COODE
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HOW THEREFORE, in consideration of the mutual undertakings
heroin contained between the Purchaser and each of Bryan, Denton,
Garland, and Greenville acting on its own behalf severally and
not jointly, the Boller and the Purchaser agree as follows!
SACTiON It _Capaoit of Ps tigBt Nature MA-Numbor, u of
Con rages, This instrument is lour esparat s contracts between
the purchaser and each of Bryan, Denton, Garland, and Greenville,
respactively. Each of the four separate contracts contains
substantially identical terms except insofar as a particular
provision is clearly applicable only to one or more of the
separate contracts by specifying its application to Bryan,
! Denton, Garland, or Greenville rather than Boller. The rights,
duties, obligations, and benefits of "seller" herein apply to
t
each of Bryan, Denton, garland, and Greenville severally and not
jointly. This instrument contains no agreements or undertakings
and imposes no duties or obligations between any of Bryan,
Denton, Garland, or Greenville to any of Bryan, Denton, Garland
or Greenville, A breach or termination of this instrument by one
1
or more of Bryan, Denton, Garland, or Greenville does not in any
manner affect the non-breaching or non-terminating parties and
k does not affect the contracts herein contained of such non-
breaching or non terminating parties with the Purchaser, This
contract shall be binding between seller and purchaser, with
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0122/90 21;19 SARTEMe GOODS 01011
respect to each separate contract, on the date both of the
Purchaser and the applicable Boller have duly authorised,
executed, and delivered this contract. These contracts shall
terminate as provided in section IL The dates which the
contracts are executed and binding may bar but are not required
to be, the setae. The failure of one or more sellers to execute
this instrument does not affect the formation of a contract by
the Purchaser and Sellers that execute this instrument since the
sellers that do execute this contract are required to provide all
of the firm power and energy requirements of the Purchaser as
described in section 1(a).
SECTION 21 Definitions, he used hersinl
r
(a) mlryan• shall Yawn the City of Bryan,. Texas.
(b) "Denton" shall mean the City of Denton, Texas.
I (o) "snergyO shall mean xiiowatt-hours (kwh).
(d) "'Garland" shall mean the city of 4orland, Texas.
` (a) roreenvilla• shall moan the City of Greenville, Texas.
(f) "Points of Delivery• shall mean the points on the
I system of, or available to, the Dollar, as determined from tide
f to time by the Seller and the Purchasers at which Power and
Energy are made available to the Purchaser pursuant to this
h Contract, such Points of Delivery shall be attached hereto as
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01/22/90 21+20 SAWYELLE GOODS 11012
or d:?.
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f' Exhibit Okgo and a change /herein, approved by the Seller and the
Purchaser shall not be considered as an amendment do this
Contract.
(g) "Power' shall mean kilowatts (kw)
(h) "Purchaser" shall mean the City of Farmersville, Texas,
~
' (i) 08alierv shall mean each of Bryan, Danton, Garland, and
I Oraanville acting an its own behalf, sev►rally and not jointly
00
{j) "System" shall mean the Seller°s electric utility
! system.
(k) "Tl1PAff shall mean Texas Xuniolpal Power Agency.
h ! (1) OUniform system of Accounts" and all other accounting
} methods and terminology contained or referred to in this section
or elsewhere in this contract means accounting principlas,
methods and terminology followed and construed, as nearly as
practicable, in conformity with the Uniform system of Accounts
for Class A and Class B Public Utilities and Licensees and
accounting rules and regulations thereunder proscribed by the
Pederal =nargy Regulatory Commission for privately owned power
! companies which are subjoct to its jurisdiction and engaged in
business comparable to the business of the seller insofar as the
dystes ie ooncernadp as amended from time to time# or such other
system ae may be required by any regulatory agency.
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EI'd 59160 06/9'2/10 'X1 '5012!110 ddW1 WQaj.,,,
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IVY WAI 4
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61,,22/90 21:23 SAN7ELIE COODE
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sxCT1'CN 31 n-a_rand Pura are of i'irm power end Cna~.
(a} The Seller agrees to provide and the Purchaser agrees
to purchase and to receive the Purchassr0s total requirements for
ti
Power and Energy for the operation of the Purohsrer0s electric
system in excess of (i) any Amount generated from facilities
which the purchaser jointly owns with TMPA, (ii) any amount
purchased from TMPA after re-creation of TMPA by the addition of
one or more cities inoluding, but not limited to, the Purchaser,
(iii) any amount purchased from a joint
powers agency created by
' the Purchaser and by one or more of Bryan, Denton, Oarland, or
oreenvill.e, for the purpose of construction of future generating
facilities, (iv) any amount generated by the Purchaser tz'om a
facility which is jointly Owned by the Purchaser and by ■ joint
powers agency created by one or more of Aryan, Denton, 4arland
and Greenville, and (v) any amount purchased from a city other
than the seller which Is a member-pit of TMPA
Y pursuant to s ~
oO„tract substantially identical to this Contract,
sl
(b) It is the intent of this Contract that if any of the
Sellers, as that term in defined in section 2 of this Contreot,
do not execute this Contract then, the remaining Sellers who do
'''execute this Contract will be responsible for providing all of
the power and energy requirements of the Purchaser, as required
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01/22/90 21 ,21 SA11TULC GOODE ®01 ,
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under subsections (a) and (a), for the Term of this Contract.
The formula which dictates how much power and energy each Seller
5
is required to provide is contained in Section ](o) of this
Contract.
{
(o) The Seller's obligation to provide firm power and
Energy under this contract is limited to a proportion of
Purchaser's total regulrementa for Firm Power and Energy,
calculated by multiplying Purchaeerlr total raquireaents by a '
fraction, the numerator of which is the difference between
seller's available capacity including its then current
f entitlement from Gibbons Creek, and 1.18 times the Se]ler#s
native peak load after excluding other firm or nonfirm salsa and
f the denominator of which is the sum of the numerators for all at
Oryan, Denton, Garland, ■nd oreenvills. Exhibit f reflects two
examples of calculations of the above formula.
I
(d) xn association with the power and energy being sold to
Purchaser, Sellers will provide all of the operating and pienning
reserves required by applicable operating agreements with other
` members of the Electric Reliability Council at Texas in
1 proportion to their obligation to provide Firm power and energy
under 8cotio11 3(o) above.
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SI'd 46160 06/C2/10 'XI 'S01MU) UdWi W08A
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01/22i00 21:22 SAWTELLE COME ®016
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„.r. SECTION 41 Delivery of F ira,Jejr. and Enar
C
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(a) The Yirm power and tnergy to bo furnishod under this
Contract shall be three (7) phase, alternating current, at a
norwal voltage Of 24,900 volts at one point of delivery, and a
nominal fraquency of sixty (60) hertz, subject to conditions of
delivery and measuramont as hereinafter provided,
(b) The Points of Delivery and other conditions of service
shall be in accordance with Exhibit "A" attached to this
aontroot, as modified by the seller and the Purchaser fron time
to times The location of the delivery pointr for service
oMamenoing on aaptember 25, il90, shall be mutually agreed upon
between purchaser and Seller. After commencement of service
under this contract, no delivery paints will be added without
permission of the Purchaser, The Seller will provide for the
construction of all faeilitiea on the supply side of the moterinq
point and for the operation and maintenance of those facilitiss.
(o) The tellers will pay for and construct a single 25KY
motoring point located at a mutually agreeable location near the
gaping Club Arena on Old Josephine Highway, The tellers will pay
for and Install a 251N Recloser at the metering point. All
taeilitiea an the Purchasers side of the metering point will be
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9S 'd l.9:60 06/4Z/10 'Xl 'S07MIiJ tldWl WOLF
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SANTELLE GOODE @1018
01i22i00 21'23
operated and maintained by Porohessrs All facilities past this
s
r point will be paid lore conatruetsd end owned by Purchaser o9capt
for the lollowinq facilities, which will be paid for and
constructed by the Ssilersl
1) A 25KV Express Feeder from the metering point to a
mutually agreed upon point on South Main Street, on
property currently owned by the Purchaser, near the
City Hall for the location of the 4160 volt stepdown
t station. Purchaser will provide routing and rights-
i
of•way for this line.
t) Three 150 ampere voltage regulators,*.
3) lour 1000 KVA 151cv wye/4.16 KV wye transformers or
similar facilities or equipment that will provide
the same level of reliable service. j
After installation and successful operation, the facilities f
listed in i;-3 above will be owned, operated and mainthined by
Purchaser,
(d) In the event adequate transmission arrangements have
~ not been wade by'purabaser for the transmission of loller0a power
i
and energy to Purchaser by September 25, i99o, then the
commencement date of the terms and oonditions of this controot
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41'd eSe60 06/02/10 141 130181dJ Ud141 woad
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1 014240 21 29 SAwiELLE GOODS 41017 ,
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ar,d delivery of power and energy related thereto shall ba
C extended until such time as Purchaser is able to make adequate
arrangements. The Bailers will be responsible for delivery of
+ firm power and energy under this contract, to the metering point,
` and any costs related to delivery of firm power and energy.
k
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(e) Metering equipment shall be furnished, installed and
maintained by the Seller at each Point of Oeliveryo If
transforming equipment is located at the point of delivery, said
mitering equipment shall be located on the high voltalo side of
the transformers
r
(f) The Purchaser shall maintain its electrio system such j
that the power factor at each metering point shell be between .90
loigging and to leading. In the event that the power factor at
the time of monthly peak demand is less than .90 lagging, the j
domand for billing purposes will be adjusted by the following
formulae
I
Adjusted demand ytual demand x to
!
Foyer factor
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81'd 65160 06/02/10 'xi 'SOINtO edwl woad
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01,,22i00 21,25 SAWTELLE COOCE ! 2020
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1
NUTION 81 itat fs and charges,
(a) The rates and charges of the seller to the Purchaser
for Power and Energy and Ror services supplied shall bee
1
(i) non-discriminatory,
(ii) fair and reasonable, and be boned upon the average
1
' costs of providing the Power and Energy or providing the service
with respect to which the rate or charga is boned as shown in
{
Exhibit E, and
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1
(iii) adjusted annually to reflect the average cost of
Snergy as calculated on an annual basis in the manner described
in this section.
(b) lxcapt with respect to adjustments expressly allowed by
this Section 6(c), the rates and charges set forth on Exhibit "'G"
are firm until the earlier of January L, 1994 or when the
purohaser receives (i) any power or energy generated from
facilities which the purchaser jointly owns with TMPA, (ii) any
power or energy purchased from TMPA after re-creation of TMPA by
th4 addition of one or more cities including, but not limited to,
the Purchaser, (iii) any power or energy purohased free a joint
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6srd 00101 0602/10 'xl IS078u) Vdwi WOad
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014490 21 ! 24 SAWTELLE COODE ® 014
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powers agency oraated by the purchaser and by one or more of
or Grsenville for the purpose of
Bryan, Denton, Garland,
construction of future gansrating facilities, or (iv) any power
or snaggy generated by the purchaser from a facility which is
!
jointly owned by the purchaser and by a joint powers agency
orsated by one or Mora of Bryan, Denton, Garland, and Greenville,
After such data, the rates and charges in Exhibit "C" shall be
amended. The smonded rates and charges shall be based on the
criteria in subsection (a).
y (c) on January 1 of each year during the term of this
oentract, the average cost of energy for the preceding year
ending Geptatnber 10 of Bryan, Denton, Garland, and creenVille
shall be compared with the average costs of Purchaser for the
same tiae period under the rates charged in Exhibit "CO, the
Purehase!r'p rates to be corrected to reflect Purchaear0s average
coat at the load factor of the system, The average costs of
Bryan, Denton, Garland, and Greenville shall be calculated by
dividing the sum of the production costs of Bryan, Denton, '
i Garland, cnd Greenville by the combined energy supplied to firm
` load by Bryan, Denton, Garland and Greenville. The production
costs of Aryan, Denton, Garland aM Greenville shall be
calculated by summing the demand charge of THPA, the energy
urge of TmpA, the operating and maintenance costs for power
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Oa'd 10101 06/PZ/10 1X1 'SO16d0 ddW1 WOad
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generation by Bryan, Denton, Garland and Greenville, debt service
for generation by Bryan, Denton, Garland and Greenville, and
other associated costs of generation by Bryan, Denton, Garland
and Greenville. Purchaser's Corrected average cost will be the
` actual cost paid under the rate in Exhibit "CO, adjusted to
.wayi F
f reflect Purchaser's cost at a transmission rate and at system
load factor, An example calculation of these adjustments is
shown in Exhibit °F". If this corrected rate is higher than the
average costs of Bryan, Denton, Garland and Greanville, the
difference shall be returned to the Purchaser, without liability
for any interest. Under no ciroumetances will the Purchaser be
rewired to reimburse meniea to the Sellers it the average costs
to sellers are more than Purchasers' actual costs. From and
after the date the Purchaser receives power and energy from one
of the lour soureas enumerated in subseotion (b), if a reduction
in the Purchaser's demand for Power and snarly from the seller
occurs, the celdulatien of average costs shall be changed to
refloat the demand of Purchaser for Peuer and tinergy from the
Boiler and the seller's costs at such time.
sBCTIOM Gi eter.&Adin9s and seller's IQUM. The Seller
shall read meters or taus* maters to be read and bill the
Purchaser or cause the Purchaser to be hilled for Power and
Snorgy tuW shed under this contract at monthly intervals.
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IZyd 20101 06/PZ/10 'XI IS018U O UdW1 W08A 1
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60046
ei/22190 21+2e SAVIELLE QD 622
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payment of bills are due within is days attar receipt by
purchaser. Payment at ■il bills shell be made to the poraon, at
the address, in the manner, specified in each bill. Seller may
cause billing services to be performed by TMPA or by moms other
legal entity and Seller's bills may be aggregated with the bills
to Purchaser of any other member city of TXPA. in such event,
aV$ ~
the Purchaser may pay a single amount to THEA or to the other
entity, as the case may be, for credit to the account of the
Seller and the other cities a■ detailed on the bill.
INCTICM 1i lister Tsstin and Billing hdigrtineutr. The
i
seller shall tint and calibrate maters or cause meters to be
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tested and calibrated by comparison with acourato standards at
intervals of twelve (12) mentha, or such other intervals as the
parties ogres. The seller shall also make or cause to be mods k
special meter tests at any time at the Purchaser's rsquo*t. The
cost* of all teats shell be borne by the Boller, provided,
however, that if any special teeter test made at the Purchaser's
request shall disclose that the motsre are recording accurately,
1 ,
the Purchaser shall reimbvrse the seller for the cost of such
test, fasters registered not more than 1/2 of 1% above or below i
! j
tlotaaal ahg11 be deemed to be ada>rxats. The readings on any meter
which shall have been disoleeod by toot to be inaccurate shall be ;S
corrected from the beginning of the monthly billing period
E
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c°''"• 01/22/90 21:27 SMELLE OOODE Q023
Immediately preceding the billing period during which the test
t
was made in aooordanos with the percentage of inaccuracy found by
such test, provided, that no correction shall be made for a
longer period unless the Seller and the Purchaser nutually agree
t, thereto. Should any motor fail to register, the Power and Energy
delivered during such period of failure shall, for billing
purposes, be estimated by the Sailor and the Purchaser from the
a
beat information available, The Boller shall notify the
Purchaser or cause the Purchaser to be notified in advance of the
time of any meter test so that the Vurchreer+s **presentative may
be present at such meter teat. For the purpose of notifying the
Purchaser in advance of a meter test, the sailer is not required
to provide written notification as required by "ction 22. I
j
SECTION 61 Wjnts to C stituts OD rotina.10 es o I
29tAbA IS OXet m, The Purohaaerfs obligation, to sake the f'
payments under this contract shall constitute an operating
expense of its electric system payable solely from the revenues
SPA reeeipto of such electric systemo
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01,12290 21:27 SAWTELLI COODE X0 0 {
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SECTION 01 covenants of the Purchassr,
(a) The Purchaser covenants to establish, maintain and
collect rates and charge* for the electric service of its
"4®r' electric system which shall produce revenues at least sufficient,
together with other revenues available to such electric system
and available electric system reserves, to enable it to pay to
the seller, when due, all amounts payable by the Purchaser under
this contract.
r
M The Purchaser Covenants that rirm Power and Energy
I supplied under this Contract will be used only to supply
Purchaeer0s retail customers as members of the general public and
will not be resold to other utilities at wholesale or resold to
any person or bu■inate pursuant to a written contractual
•resnQement or other understanding which differs in any respect
from sales to the public generally. roe purposes of this seetieft
0(b), purchases of Firm Power and Energy by Industrial or
I
business customers puzsvsnt to a rate structure published by the
Purchaser and available to any customer meeting the established j
criteria (size of load, load factor, *too) are treated as sales
to the public generally and are not prohibited by this seation,
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08'd 00101 06/42/10 1Xl 'S01803 UdW1 WOMB
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01/22/90 21 28 SARTELI.E COODE (a 026
SIOCTxON 101 SSLVMqnto of the 6411611.
+ (a) The Dollar covenants to use reasonable diligence to
Y"••aw~ u wwilrew U,. ouu 4u 111r~~~411 ~.pM OUPWA' VA ryWO& M,eu anwayy
hereunder, It by reason of tore* xaJours, the supply of Power
and Energy shall tail, or be interrupted, or become defective as
i
hereinafter provided, the seller shall not be liable thereof or
for damages caused thereby.
(b) The Seller covenents that it will operate, maintain and
manage its 6ystom or cause the some to be operated, a;aintained
and managed in an efficient and economical manner, -consistent
With sound utility practice and in acoordance with standards
normally used by utilities owning like properties.
SECTxON 17i
_koaedLaitin Event _of_P*faW.
I (a) it the Purchaser fails or defaults in meeting the
terms, conditions and covenants of this contract, the Seller ~i
shall give notice to the Purchaser, The Mchaser shall from the 1
date of the *ailing of such notice, have a period of 16 days to 1
ours the default,
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!b) It the purchaser does not curs itg defau
period of fifteen 15 It within sunk
days# then, so long as the purchaser
retrains in default, and in addition to any other rights which the
Seller has under this contract and at law and in aquit
Yr the
seller maY terminate all service to the purchaser provided,
however, that Seller shall specifically notify Purchaser, in
writing, at least fifteen (15) days prior to such termination of
services hereunder, such notice of termination may be included
In the notice required under subsection (a), and, in such a case,
the fifteen (15) day period in which the purchaser may cure a
default may also serve sa
the fifteen (10) day notice period
puler to termination of service.
ertaination of service,
hereunder shall not reduce or change the obligation at the
Purchaser under the other
provisions Of this contract.
(0) 2f the Seller !ails or defaults in meeting the terms,
conditions end Covenants of We contract
, the purchaser shall
' give notice to the Seller. !'ollowing such notice, the 3e116r
shall have a period of 11 days to cure the default. If the
default IS not Cured in the 15 day poriog# then the Purchaser
shall have all Of the rights and remedies provided at law end in
} equity.
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#ti 01/22/90 21:29 SA17ELLE COME 499
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excTION 191 payment Du# ton and he, IMAM. In the
event that the purchaser fails to make any payment within fifteen
(16) days after receipt of the bill, Interest an the delinquent
amount shall accrue at the rate of ten percent (101) per annul
from such date until paid in full, Following the fifteen day
I
period in which Purchaser raey ours nuch default as provided in
Section 31, the Seller may, in addition to any other remedy in
this contract including termination of eervioa and including shy
other remedy available at law or in equity, institute a
proceeding for a mandatory injunction requiring the payment of
the amount due and interest thereon, such action to be instituted
in a Court of ooapetont jurisdiction.
j dSCUON 111 Tara of Co raot,
(a) The Seller's duty to provide Finn ;Sower and energy
under this contract shall ommence on September 24, 1000.
(b) If seller does not request Purchaser to enter into a
contraot as specified in subsection (e) hereunder, then this
contract shall terminate on January it 1►9S.
f
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42'd 40101 06/02/10 'Xl 'SOINUD ddW1 woad
the torn Of this contract# seller may in
(O) During
r~.... contract (1) with
writings, re9Uea"t purchaser to enter into a
TKPA, for the joint ownership of a generating unit with TNPA,
(ii) with TMPA, for the purchase of power and onsrgy from TMPA,
r
following the re-creation of TMPA by the addition of one or mots
' cities, including Purchasor, (iii) with a joint powers agency,
orsatsQ by Purchaser and by on* or more of Bryan, Danton,
Garland, or Crsonvills, for the purchase of power and energy from
the joint powers agency, or (iv) with a Joint powers agency
Denton, Garland or 0rsenvills,
created by one or more of Bryan,
for the joint ownership of a generating unit with the joint
powere agency, or (v) with TMPh for the construction Of sleetrie
the proceeds of I
generating facilities for the purchaser utilising
special contract revenue bonds to be issued by "PA.
Moreinatter, stitch a contract shall be referred to as a "contract '
of participation.
~ j
1 (Q) Within one year attar the reesipt by Purchaser of S.
i
request, under subsection (c), purchaser shall (i) comply with the
request by onterinr into the contract of participation and elect
to have this contract terminate an the date of termination of the
contract of participation (ii) deny the request and elect to
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terminate this oontraotr effective two geese after zsosipt Of the
requsltr or (iii) deny the request and elect to have this
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01/22/90 21;90 SAUTELLE COME ID 028
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contract continue on a •roiling• five year term. The rolling
live year term will require Purohaser to provide written notice
to Seller by January 1 of each yosr, indicatinj whether Purchaser
' Wishes to continue the contract for another five (5) years or
terminate ease. if no notice is received by January i, then the
rye Purchaser will be deemed to have continued the contract for
L
another 5 year term. if however, the Purchaser provides written
r
notice by January l terminatinq the ocntraot, than said contract
will terminate in five (5) years. If no such response is
¢ received by Boller within one year following receipt of a request
a
under subsection (c), the request will be deemed automatically
denied and this contract shall continua on a rolling five (5) `
f year term as more specifically described in section 12 (d) (iii)
of this oonti-act.
oroe Naleurg.
I SECTION 141 r
(a) It for any reason of "force majeurs" any of the parties
hereto shad be rendered unable, wholly or in park, to carry out
its obligations under this contract, then if such party shall j
1
Vivo notice and the full particulars of such reasons in writing
I
to the othor party within a reasonable Liss after the oaourrense
ei the went or cause relied onl the obligation of the party
giving such notice, so far as it is affected by such "force
22 {
BZ•d 60101 06/OZ/10 'Xi '6016VO OdW1 WOad
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014240 21,31 SAIYTSUE COODE QUO
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majeure," shall be suspended during the continuance at the
inability then alsimed, but for no longer period, and suoh party
shall endeavor to remove or Overcome such inability with all
reasonable dispatch. The term #force "ajeure+ as employed herein
shall moan sots of God, strikes, lookouts, or other industrial
disturbances, acts of the public enemy, orders or actions of any
kind of the Government of the United Rates or of the State of
Texas or any civil or military authority, insurrections, riots,
epidemics, landslides, lightning, earthquakes, fires, hurricanes,
storms, floods, washouts, droughts, arrests, restraints of
government and people, civil disturbances, amplosions, breakage
E or accident to 4amop machinery, pipelines, or canals or other
structures or machinery, on account of any other cause. not
reasonably vithin the control of the party claiming such
! inability, ,It is understood and agreed that the settlement of ,
i I
j strikes and lookouts shall be entirely within the discretion of i}
the party having the difficulty, and that the above requirement
that any "forae majeure" shall be rasedied with all reasonable
dispatch shall not require tho settlement of strikes and lookouts #i
by acceding to the demand of the opposing parties when such
,I
f settlement is unfavorable to it in the judoeent of the patty
having the difficulty,
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V. 61/22/99 21!31 5ANTELLE ONDE
4 4
(b) No damsges shall be reaovsrabl` from the seller or from
the Purchaser by reason at the cause above stentioned.
I
v
(o) Upon request from Purchaser# Sellers will assist
Purchaser in an effort to secure on alternative temporary source
of power and energy in the event of an interruption of power.
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SZOTiOK III ReyoYda„end Accounts, The seller will keep
accurate records and accounts at the System erj4 at the
transactions relating to each facility constituting the system as
wall as at the operations of the Seller an accordaneo, with the `
uniform system of recounts, which shall ittalude deproaiation.
I Within one hundred twenty (120) days alter the 01056 Of each
j
fiscal year at the Seller, the Seller shall Scums such records
and 60counts with respect to such fiscal year of the seller to be
subject to an annual audit by an independent certified public
accountant. A copy at sech such annual audit shall be sent by I
the sailor to the Purchaser. 1
SXCT2011 141 access. The Purchaser shall have reasonable f
000666 to examine any and all books and records of the seller
1
E which are public records under the Open Records Act and to
4 examine any facility of the System. The Seller and the Purchaser i
f will Viva the other access to the l6oilities of each other at all
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! reasonable times for the purpose of constructing, saints ining,
G repairing or removing facilities, reading meters, and performing
I work necessary or ingidental to delivary and receipt of Firm
power and Snargy furnished hereunder.
` SECTION 171 Assl nt. This Contract shall not be
assignable without the written consent of the Purchaser and each
of the sellers.
! SECTION 141 Successor$ and Ass W8 . This Contract will
inure to and be binding upon the successors and assigns of the
respective parties.
i
SECTION 19c Gover mental Ratiu. RjVIAa,ions and The
contract shall be subjact to all valid rules, regulations and
lava applicable thereto, Be promulgated by the United States of i
Aseriaa, the state of Texas, or any other governmentel body or
agency having lawful jurisdiction or any authcrisad
! I ~
representative or agency of any of them.
! Ji
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SECTION 201 oticea. Any notice, request, demand, ;
1 statement or bill provided for in this contract shall be in if
I
~ writing and shall be considered to have been duly delivered and
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2C'd I1t01 06/4Z/10 'X1 ISOINUO edwi WOSJ
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$142/90 2112 SANTELLE GOOOE 0 032
s '
aeceived when sent by registered or certified mail, addressed as
provided in Exhibit "D•, unless another address has been
designated, in writing, by the party entitled to receive same.
4
UCCION 211 severability, The parties hereto agree that if
any of the provisions of this contract should contravene or be
hold invalid under the laws of the State of Taxes, such
contravention or invalidity shall not invalidate the whole
WIN
contract but it shall be construed as though not containing that
particular provision, and the right and obligations Of the
parties shall be construed and in force accordingly.
IMION 231 Enf re Contra t. This contract shall
constitute the entire understanding between the parties hereto,
superseding any and all previous understandings, oral or written,
pertaining to the subject matter contained herein, No party
hereto shall have any reli*f, or be entitled to rely, upon any
oral representation or oral information made or given to. such
4 party by any representative of the other party or anyone On its J
r 1
behalf,
ONCTION 231 M4 Naiveer, The failure of a party to enterce
at any time. any Uf '.he provisions of this contract or to repuive
at any time perforhanCe by the other party of any of the
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01/22/90 21:33 SANTEUE 000DE ®0 3
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provisions, of this contract shall not be construed as a waiver of
such provisions or of the rignt of such party thereafter to
enforce each and every provision of this contracts
IN W2THR93 NHIRNOl, the parties hereto have caused this
contract to be executed in their corporate names and their
corporate seals affixed, all by the proper officer duly
authoritod thereunto, as of the day and year first hereinaboVe
written.
CITY Of /Al OSY2LUO TtXAY
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iy1
Mayor
(~Isa13
1
ATTUTl
bate of
byi r lxeeution~
city secretary
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bC'd 01101 06/02/10 'X1 'SOINhlO ddW1 WON!
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9ii22i96 21:38 SAWTELLE r/JOOE @034
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CITY OF INVAN, TEXAS
i
by1
mayor
(seal)
ATTISST r
Date of
eyl Exacutiont ,
city secretary
,r
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CITY OF DENTONo TEXAS
By&
Mayor 1
(seal)
` ~ ATTtS'f
Date of a
jflaCtlt ~Of11
by l
` City secretary
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5E'd 01101 08011,2110 'Xi 150160 VdWl WONJ
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0112240 21+34 SAWTELLE COME @0Sb
CITY OF GAALWD# TVXAs
syl
mayor
(seal)
a '
%TTESTI
Data Of
syt xxocutiOnt
City soctratary
CITY or aa6EM uss T>ItXAB
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DyI
board Chairgan
(seal)
ATTEST t
gate of
10 yr
seir~ .>yaralery
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0142/90 21!34 5AWTELLE COOK ~036
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9XVIDIT "A'r
POINT Of DELIVSRY
The Point of Delivery shall be follow
At 0 mutually agreeable location near the hoping Club sxena on Old
Josephine Highway.
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814240 21:35 SAITELLE GOODE X1037
EXHINIT "S"
* E'xaa►ple calculation of the Proportional share of lima Power
and Energy to be Provided by each seller to Purchaser
Bryan Denton Garland areenville
-0Owl Sellers ,Available Capacity - MW 310 258 616 144
Sellers Native Peak Load 153 176 367 13
1,15 times Peak Load 574.0 201.4 42110 9514
Ditferenee - Numerator 134.1 5516 104.0 41.6
DMominator - Bum of Numerators 432 432 432 432
fraction 049102 0.1217 0.4418 011123
harmereville Load - 4600 WN
obligation 1414 619 2154 535
Ito for example, only Bryan, Denton and Greenville suscuted this
Ooaftraat, then their individual obligations would be calculated as
follows/
Bryan Denton Greenville
sellsra available capacity - HN 310 251 144
sellers Native Peak Load 153 176 93
1.13 Used Peak Load 176.0 202.4 95.4
Ditfereroe Numerator 134.1 5466 48.6
bonesfinltor - surf of Numerators 231 236 238
1rraCtler 05634 02336 42042
ranwratiile Load - 4800 1(N
obligation X2704 1121 too
* The rumbers appearing in this Xxhibit are for illustrative purposes
only and are hot intended toe city exact obligations to provide
lire power and energy under this Agreement.
-32-
8E'd 91101 06/42/10 'kl 19016aJD Hdwi W08J
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0142/90 21.96 SARTELLE COODE Z 93a
derv,;.
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SICHIBIT PC"
RATES AND CHARGES
Demand charge, $13.03/1M
Energy Charge. S 2/M k 1i
vgaw '
THE DZURD CHARGE SHALL APPLY TO THE LARGER OF THE ACTUAL MONTHLY
METERED DEMAND (AS ADJUSTAD BY THE POWER FACTOR ADJUSTMZHT, TF
N2CESSARY) 01% 501 OF THE LARCEBT MONTHLY METERED DEMAND (ADJUSTED
FOR POWER FACTOR) IN THE LAST ELVIN MONTHS.
A MONTHLY FUEL CMAROE WILL BE MULTIPLIED By THE ENEROY
CONSUMPTION. THE FUEL CHAR08 WILL AS THE AVtRA02 COST OF FUEL
FOR DAYAN, DENTON, GARLAND, GRZ2MVILLE AND PUPCHASER. THE FULL
C71001 WILL BE CALCULATED ON AN "ESTIMATE AND CORRICT" 0018.
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01/22/80 2136 SMPIELLE 000DE ~09p
RXNISIT
NOTICES
All notices, requests, 4esanda, statements or billy *hall be
wailed to the lelievingi
CITY OF FAAMERSVILLB
Attention) City Manager
a 303 It main street
Varmarsvillo, Tawas 75031
CITY OF BRYAN
Attentieni City Nanagsr
P.O. Box 1000
Ryan, Texaa 77605
CITY Or DVTON
Attentioni city (tanager
Its E. ltoxinney
Denton, TQXae 7490:
CITY OF GARLAND
Att4ntians City Manegsr
P.O. SOX 440009
Garland, Taxes 75046
CITY QT ORksMVILLS
Attentioni Director of slactric Utilities
POOH Box 1040
Creerwille, Taxas 76401 !
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Ob'd 41:01 OS/02/10 'Yl 'SO'N?3 u6WI W081
1
OWN
sAWrt<uE cow mere
et•2vee 21,3e
r yy*
f'h.•,•• Zfq•STT ,~y
1
r The sealers shall calculate their a stem MMIn gtheAdooo"dreharges Of the
~ se of adjusting rateu by annually autamin9
ae
a0e
the operadebt selvicenlor
~p0the energy charges Of TXPAF he 0
h Q 1ers
+ el +
goatr for power generation of t
gensret~en of the 3elicrs: and other 42600106d co"' o
•
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• 30
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et rot os/ba/to xl ~sa7atio Vdwl woai
•d
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Fol16 o,tV9021:9174 d Iti101 SARTELLE COODE
• axxrst'r ~F" ``1
r.,•.• 1. Farlaarsvilie Average Cost Adjustment Example Calculation
a
70 system Average Load Factor 48.311
34 Peak Demand 4,104 WN From Peak
Month's 8111
l 4. Demand Billing Units 3917# Annual KW from
sillingc
s. Energy billing Units 1701490800 RWH from sillings
f. Demand Rate $13.03 per XW
7. Lass Distribution Charge $1.30 per JKW
64 Equivalent Transmission Rat* $11.78 perrilntK (Lima 7)
A. Transmission Demand bill 1461,516.#4 Line # times Line 4
10. Actual Fuel 8 Energy Bill $383,#79.19 From Billings
Its Average Fuel 4 Energy Cost $0.01653 Line SO divided by
Line S
13. Snergy Required to Produce 90,3590810 Line 3 times Line 2 ;
dystea Load rector times 2760
33. $yetem Load Factor Energy $3340954.85 Line it times
mill line 11
14, system Load factor $795,471.60 Line 9 plus Lino 13
Total 6111
15s Equivalent Average Cost r $0.03#21 Lino 14 divided by
Line 17
* The numbers in this Exhibit are for illustrative purposes only,
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ab d al ~o~ ob~az~lo xl IS016 a Vdw1 woad
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~rarlttm~tt~an ~7r'eo
the
*"or of the Tito of Benton, (Texas
T
sn aU to Whom three ureeeats shall rums,
(4reetfngs:
WNLXL4S, students of Dentca Nigh School seek to enhenee awareness
within the community or the rising drug problems that
lace this city today and desire to persuade drug users
to omit drugs from their llfestyler and
"FRUS, the Denton Nigh School Leadership Class and Student
council will have a special anti-drug activity each day
of the week of february 17-16, 1090 to call attention to
a city-wide drug awareness resistance education program
to encourage 411 citizens to help make Denton a better ,
place to live ant work to a drag-free environment[ and
WN6NEkS, full cooperation by everyene to erdlieate the scourge or
drug abuse within our community will promote the health,
safety, and welfare of all citlrenst
No/ MAIf0XE, I. )t4y Stephens, mayor of the City of Denton, Texas, in
recognition of the leadershlp and 1nltl4t1ve of Denton
Sigh School students In organlsing and promoting this
drug awareness program that bopetully will lead to drug
aroldance, in oppreclatioa for the wisdom, Insight and
maturity of theca line young people in Mcs community
concern, and with mincers thanks to Denton Nigh School
teachers and administrators for their encouragement and
guldance, do hereby decl4re and proclaim that february
17-16, 1990 shall be known as
'11000006 &WEST MOW (X.S.D.) MMO - i
In the City of Denton and call upon all citizens to glee
their fullest Cooperation for the suecoss of this worth-
' Mlle endeavor.
i
IX WITNESS WNEXXOr, 1 harv hereunto sot
my hand and caused the official $"I
or the city of Denton, Texas to b6 ;
alfised this the day of februerN, !
, 1180.
Xkr STEPHENS, lLtM
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Arran
FI XIrEX WALfUl, CITY SAM MY
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In appreciation of
"JGea J. MARSHALL"
WHEREAS, John J. Marshall is retiring alter tvanty-lout (711 years
of dedicated service to the City of Denton slice his
employment on August 8, 19661 and
WHEREAS, during his career with the City, John Ma.shril has
consistently maintained an attitude of coopsiatl n with
and dedication to the stated goals of the Purchasing
Department of the City of Denton) and
MREREAS, during his tenure as a Purchasing Agent for the City of
Denton, John J. Marshall has demonstrated a consistently
helpful, considerate, cooperative, and understanding
demeanor towards the citizens of our community, which
r epitomises the city's "Dedication to Quality Service"1
and
wNEREAS, John J. Marshall has steadfastly devoted himself to
maintaining the highest ethical and professional stan-
dards, as re!lected not only In his own work, but in the
work of those colleagues who were influenced by the out-
standing example he set for them on a dally basis) and
01HEREAS, John J. Marshall has consistently demonstrated the kind
of dynamic leadership and unselfish service to his com-
munity which has helped firmly establish the City of
Denton as the upper verter of the "Golden Triangle")
NOW rKSAX RS, Ds Zr RESOLVED or rNs Comm or fat czry of DENToar, rEXAs.
i - rhat the sincere and warm appreciation of the City
Council be formally conveyed to Jahn J. Marshall In a
permanent manner by spreading this Resolution upon the
official minutes of the City Council and forwarding to
him a true copy thereof.
l PASSED AND APPROVED 1825 A=~DAr OF
V .1990. i '
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RAr sr aN . MAroR
a I
.40 f-
AjrsST$
Jsaa2rm mmfiS, cirr SECRETARY j
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APP KD Y LEGAL PoRMe
DEERA ADAMI DRA YOYl SCH
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Aviv
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CITY OF DENTON CITY COUNCIL MINUTES
DECEMBER 5, 1989 The Council convened into the Work Session at 5:15 p.m. in the
k Civil Defense Room.
r PRESENT: Mayor Stephensi Mayor Pro Tem Ayert Council
Members Alexander, Boyd, Gorton, Hopkins and
McAdams.
ASSENT: None
1. The Council convened into Executive Session to discuss
legal matters (consid-:red action in Denton Count vs. City and
in Re: Flow), real estates, and personnel/ oar appointments
(considere3 appointments to the Animal Shelter Advisory
Committee and Building Code Board).
an, 5:45 p.m.
1. The Council held a discussion with the Parks and
Recreation Board regarding City priorities in the operation of
City parks and recreation facilities.
Carl Anderson, Chair-Parks and Recreation Board, stated that
the Board had started meeting more often and was meeting with
the advisory boards of the recreation centers. He felt there
might have been a misunderstanding regarding the Board's
involvement in the Parks budget process. The Board was very
active and was involved in the ranking of items. They
regularly received feedback from Steve Brinkman on park
issues. The Board was moving its meetings to different
recreation centers each meeting and was receiving input from
each advisory board. Several of the centers had key issues it
wished to present to Council. The Martin Luther King, Jr.
Recreation Center felt that another employee at the Center at
night might help with a safety problem. There were few people
working with many users. The Center would also like expanded
hours on Saturday and hours available on Sunday. The senior A
Center would like Saturday hours and an additional worker to
help with the new facility. North Lakes would like to expand
its hours to earlier in the morning and more hours on
j Saturday. Anderson listed goals that the Board wanted to
accomplish some of which included becoming more involved in the
budget process, having more contact wita the advisory boards,
expansion of hours at the Centers, combining the baseball
leagues, and completion of the Senior Center expansion.
Council Member Gorton asked if the Board felt its
concerns/interests were conveyed through the ranks.
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City of Denton City Council Minutes
December 5, 1989
F Page 2
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Anderson replied that the Board's recommendation was not alwaysh
d followed as it progressed through the ranks.
r Council Member McAdams questioned Anderson's statement
1 egarding a public hearing on North Lakes.
Anderson stated that it would be an information session with
the neighbors dealing with expansion of the ball fields and
returning North Lakes to a neighborhood center as opposed to a
fitness center.
Council Member Alexander stated that perhaps the direction to
follow was to keep the current centers open longer before
thinking about opening new centers.
+a Dalton Gregory, Parks and Recreation Board, stated that if the
budget couldn't support the costs of the centers such as
maintenance and staff, recreation centers shouldn't be put in
bond elections, If the centers were built, then the City
should be willing to support them.
Mayor Stephens asked Anderson if the Board had looked at the
total park/recreation budget for possible adjustments in order
to find the money for the additional personnel the centers were
suggesting.
Anderson replied that they had not had time to do an in-depth
study. A preliminary look indicated that there were no areas
in the park/recreation budget for those personnel.
Mayor Stephens thanked the representatives from the Board for
joining them.
2. The council held a discussion regarding the Freeport
Amendment.
E
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Lloyd Harrell, City Manager, presented an update on recent 3
meetings with the community regarding the Freeport Amendment.
He stated that on NovemLer 29 a meeting was held with
representatives from the DISK, Chamber, area businesses and the I
City. The general feeling was that the Amendment would
probably be put into effect over a time period as opposed to j
immediately going into effect, The City would probably take
action to continue the tax and to leave open dialog with the
businesses to develop plans for a gradual implementation. The
Chamber of Commerce would form a joint study committee made up
of members from the DISD, City, industry, the Chamber and a
citizen-at-large. This study committee would look at the issue
j and make recommendations for alternatives to the group.
1
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City of Denton City Council Minutes
December 51 1989
1 page 3
F4 The Metroplex Mayors Association was recommending that cities
take action to extend the tax. They also were recommending a
joint funding study to study the cost benefit analysis for the
%mendment. Staff was suggesting an ordinance for consideration
E to extend the tax and a resolution of support for the amendment
but allow time to study the issue and the effects of the
amendment.
Consensus of the council was to direct staff to prepare an 1990 nd
not
the for effectsaof
ordinance to subsequent yearsandto grant do hfurther presearch Amendment
the Amendment.
The council then convened into the Regular Session at 7:00 p.m.
in the Council Chambers.
PRESENT: Mayor Stephens; Mayor Pro Tem Ayer; Council
Members Alexander, Boyd, Gorton, Hopkins and
McAdams.
ABSENT: None
Council Member Gorton left the meeting.
The Mayor presented a proclamation for 'Cities Fight Back
Against Drugs Week'.
Item #2 was moved ahead in the agenda order.
2. presentation of 'Yard of the Month' awards.
Council Member Gorton returned to the meeting.
Mayor Stephens presented December "Yard of the Month' awards to:
Grandy's
Danny Starnes
Dr. W. E. Penley
Tom Harpool
Robert morrow welch? III
h" s The Council returned to the regular agenda order.
` The Council considered approval of the minutes of the
Regular Ses 1989 and the Special Call
1 1'
,I session of October 17,
Session of October 24, 1989.
McAdams motioned, Ayer seconded to approve the minutes with a
notation to correct the spelling of Dr. Rampoldi in the minutes
I Council bmember, Hopkins abstaining rasd shet was not present wfor
the meetings.
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~ City of Denton City Council Minutes
December 5, 1989
Page 4
3. The council received a citizen's report from Joe Dodd
regarding pornography, child protection and relating
legislation.
Joe Dodd presented Council with a packet of information
regarding pornography and child protection along with his
philosophy on how to regulate pornography. He felt the
approach to use was to restrict access to pornography instead
of outlawing it all together thus promoting black markets.
l
Mayor Stephens thanked Mr. Dodd for the information.
I
Mayor Stephens presented a proclamation for 'National Drunk and
Drugged Driving Awareness Week'.
4. Public Hearings
A. The Council held a public hearing and considered
adoption of an ordinance providing for a change from
Multi,-family one (MF-1) and General Retail or Single Family
Seven (SF-7) to Light Industrial (L1) on approximately 7.7415
acres of land. (The Planning and Zoning commission recommended
approval.) Z-89-016
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 item had been postponed from a previous meeting with the
council requesting zoning of a lesser size. The previous
zoning had been about 22 acres with the current request being
approximately 7 acres. The ordinance only enabled the radio
tower to be built.
~r Council member Boyd was concerned about interference with the
tower in the area. Did the project have FCC approval.
Robbins replied yes and that there was also no FAA problem.
Council Member McAdams suggested requesting the County to take
whatever steps were necessary to ensure the least amount of
interference for residents in the area.
1
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City of Denton city council minutes
December 5, 1969
Page 5
The following ordinance was considered:
N0. 89-171
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING
FOR A CHANGE FROM MULTI-FAMILY (MF-11 AND GENERAL
RETAIL (G SINGLE FAMILY EVEN (SF-7) TO LGHT
INDUSTRIAL )(LORI) ZONING DISTRICT SCLASSIFICATION ANDIUSE
DESIGNATION FOR 7.7536 ACRES OF LAND, LOCATED ON
WOODROW LANE APPROXIMATELY 305 FEET SOUTH OF MCXINNEY
STREET, AS MORE PARTICULARLY DESCRIBED HEREIN:
PROVIDING $20000.00 FOR R VIOLATIONSTHEIN THE REOPi AND PROVIDING FOR AN
EFFECTIVh DATE.
McAdams motioned, Alexander seconded to adopt the ordinance.
On roll vote, McAdams "aye," Alexander "aye,' Hopkins "aye,'
Gorton 'nay,' Ayer "aye,' Boyd "aye,' and Mayor Stephens
'aye,' Motion carried with a 6-1 vote,
5. Consent Agenda
Hopkins motioned, McAdams seconded to approve the consent
Agenda as presented. Motion carried unanimously.
A. Bids and Purchase Orders:
1. Bid #1032 - Padmounted Transformers
2. Bid #1033 - Wire/Cable
3. Bid #1039 - Rental of Scraper
4. Bid #1040 - #2 Diesel Fuel oil
6, ordinances
A. The Council considered adoption of an ordinance award of
acceptin for the purchase of materialst equipment, supplies or
services.
The following ordinance was considered:
NO. 89-172
I
A14 ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT,
SUPPL FOR
THE EXP FUNDSITHEREFOREIIAND,PAOVIDING GFOR AN EFFECTIVEIDATE,OF
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' City of Denton City council minutes 4
December 5, 1989 `
Page 6
1 McAdams motioned, Ayer seconded to adopt the ordinance. On
roll vote, McAdams 'aye,' Alexander 'aye,' Hopkins Gorton "aye,' Ayer 'aye,' Boyd 'aye,' and Mayor Stephens
"aye.' Motion carried unanimously,
r.,:..
B. The Council considered adoption of an ordinance
4 ► amending F.ppendix At Subdivision and Land Development, of the
code ordinance etomdevelopment alongicertainoairports
regulations from applying and zoning
with historical significance (The Planning a
commission recommended exemption of sidewalk provisions).
Frank Robbins, Executive Director for Planning, stated that at
the Council meeting of November 21, 1989, there hadacbeen
discussion relating to the issue of emergency vehicle and drainage plans. Council asked for some legal research
about conditional ordinances which staff did not feel was an
effective approach. The proposed ordinance added standards to
the previous ordinance which included an emergency vehicle
att lewide and ast 18 in hes9aboventheh100
access leasemt at evate least 20
would e
year flood height.
assess property townersdiforcimprovements csuch
future Council member rto Gorton
as sidewalks and streets.
Robbins stated that it did not preclude the establishment of
assessment districts.
surface that the emergency
Council
easement have an expressed concern
Robbins
that stated would that the Fire
adequate Cfor falla weathercted the area and the McAdams stated that there were no stan ardsway to enordi ance
for the surface of the easement and thus
type of standards.
j Robbins replied that in the judgment of the Fire Chief, the
easement would be adequate. The plans would be reviewed with
i
the City Engineer and the Fire Chief during the platting
F process.
withc 'alleweather'd woasked rding added to the ordinance,be enforceable
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December 51 1989
Page 7
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The following ordinance was considered:
N0. 89-173
AN ORDINANCE AMENDING ARTICLE 4.02 OF DIVISION I OF
CHAPTER IV OF APPENDIX A OF THE CODE OF ORDINANCES TO
PROVIDE THAT SPECIFIED STREET, SIDEWALK, AND ON-SITE
DRAINAGE REQUIREMENTS SHALL NOT APPLY TO DEVELOPMENTS
ALONG CERTAIN AIRPORT RUNWAYS] AND PROVIDING FOR AN
EFFECTIVE DATE.
I
Gorton motioned, Hopkins seconded to adopt the ordinance.
Alexander motioned, Boyd seconded to amend the ordinance by
adding the wording 'upon an all-weather surface' to Section 1,
Subsection (D)(3)(a). on roll vote, McAdams 'aye," Alexander
'aye,' Hopkins "aye,' Lorton "aye,' Ayer 'aye,' Boyd "aye," and
Mayor Stephens 'aye.' Motion carried unanimously to amend the
ordinance.
Mayor Stephens suggested that the minutes reflect that if and
when the property were annexed into the City of Denton and if
the development would request streets and sidewalks, the city
would not be responsible for any expenses involved in those
improvements.
The Council then voted on the main motion as amended. On roll
vote, McAdams 'nay,' Alexander 'aye,' Hopkins "aye,' Gorton
"aye,* Ayer 'nay,' Boyd "aye,' and Mayor Stephens 'aye.'
Motion carried with a 5-2 vote.
Alexander motioned, Gorton seconded to direct the minutes to
reflect that it was the intention of the Council that future
improvements in the area of drainage, streets and sidewalks
that may be done at any future point in that particular
development, would not be done at the expense of the City. On
roll vote, McAdams 'aye,' Alexander 'aye,' Hopkins 'aye,'
Gorton 'aye,' Ayer 'aye,' Boyd 'aye,' and mayor Stephens
'aye.' Motion carried unanimously.
I
C. The Council considered adoption of an ordinance
of the City of Denton, Texas, retaining the law firm of
Henderson Bryant 6 Wolfe to represent the City in litigation
pending styled in Re: Flow Regional Medical Center, Inc.`
Council Member Hopkins left the meeting.
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s City of Denton City council minutes
December 5, 1989
Page 8
The following ordinance was considered: "
r~ NO. 89-174
AN ORDINANCE OF THE CITY OF DENTON RETAINING THE LAW
FIRM OF HENDRSON BRYANT & WOLFE TO REPRESENT THE CITY
OF DENTON IN LITIGATION PENDING AGAINST THE CITY; AND
PROVIDING AN EFFECTIVE DATE.
McAdams motioned, Gorton seconded to adopt the ordinance. On
roll vote, McAdams "aye," Alexander "aye," Gorton 'aye,' Ayer
'aye," Boyd 'aye," and Mayor Stephens "aye." Motion carried
with a 6-0-1 vote with Hopkins abstaining.
Council Member Hopkins returned to the meeting.
D. The Council considered adoption of an ordinance
of the City of Denton, Texas, approving a settlement and
release of all claims, for pending litigation between the City
of Denton and Bvery Jack Bowling, Jr. et. al.
The following ordinance was considered:
NO. 89-175
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A
SETTLEMENT AND RELEASE OF ALL CLAIl1R, FOR PENDING
LITIGATION BETWEEN THE CITY OF DENTON AND EVERY JACK
BOWLING, JR., ET AL; AND DECLARING AN EFFECTIVE DATE.
McAdams motioned, Alexander seconded to adopt the ordinance.
On roll vote, McAdams "aye,' Alexander 'aye,• Hopkins "aye,"
Gorton "aye," Ayer "aye,' Boyd "aye,' and Mayor Stephens
"aye." Motion carried unanimously.
E. The Council considered adoption of an ordinance
of the City of Denton, Texas, approving a settlement and
f release of all claims, for pending litigation between the City j
of Denton and R. D. Martin.
The following ordinance was considered:
i ~
NO. 89-176
s3 AN ORDINANCE OF THE CITY OF DENTON# TEXAS, APPROVING A
1 SETTLEMENT AND COMPROMISE AGREEMENT FOR PENDING
LITIGATION BETWEEN THE CITY AND R. D. MARTIN; AND
PROVIDING FOR AN EFFECTIVE DATE.
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City of Denton City Council Minutes
t
December 5, 1989
Page 9
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McAdams motioned, Boyd seconded to adopt the ordinance. On
f.,...,. roll vote, McAdams 'aye,' Alexander "aye," Hopkins "aye,"
Gorton "aye,' Ayer 'aye,' Boyd 'aye," and mayor Stephens
"aye." Motion carried unanimously.
F. 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' chapters providing for a
maximum penalty of $200.00 therefore, for violation of Section
8-•34 thereof; and providing for publication.
Debra Drayovitch, City Attorney, stated that the ordinance had
been changed to reflect the designations per Council direction.
The following ordinance was considered:
NO. 89-177
AN ORDINANCE AMENDING CHAPTER 8 (MUNICIPAL COURT) OF
THE CODE OF THE CITY OF DENTON, TEXAS, B: REPEAL OF
THE EXISTING 'COURT" CHAPTER AND BY ADOPTION OF A NEW
'MUNICIPAL COURT" CHAPTER) PROVIDING FOR A MAXIMUM
PENALTY OF $200.00 THEREFORE, FOR VIOLATIONS OF
SECTION 8-34 THEREOF; PROVIDING FOR PUBLICATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
Alexander motioned, Gorton seconded to adopt the ordinance. On
roll vote, McAdams 'aye,' Alexander "aye,' Hopkins 'aye,"
Gorton 'aye,' Ayer 'aye,' Boyd •aye,• and Mayor Stephens
"aye.' Motion carried unanimously.
G. The Council considered adoption of an ordinance
approving the interim waste disposal contract between the City
of Denton and the City of Argyle. (The Public Utilities Board
recommended approval).
1 Bob Nelson, Executive Director for Utilities, stated that the
contract had been reviewed and revised so that the wording was
satisfactory to both Denton and Argyle. Argyle still had a
f concern regarding the nine month time frame and the amount of
work needed to be done during that time, E
Mayor Pro Tem Ayer asked if the Upper Trinity Regional Water
District Board had a problem with the nine month time frame.
Nelson replied that the Board had not expressed any concern
with the time frame and that preliminary outlines had already
started on the contract with the Upper Trinity Regional Water
~ar.rict.
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Oft City of Denton City Council Minutes
December 5, 1989
4
Page 10
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The following ordinance was considered:
NO. 39-178
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF
' ARGYLE PROVIDING FOR INTERIM WASTEWATER TREATMENT
SERVICES? AND PROVIDING FOR AN EFFECTIVE DATE.
Alexander motioned, McAdams seconded to adopt the ordinance.
Oa roll vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Gorton "aye," Ayer "aye," Boyd "aye,' and Mayor Stephens
"aye." Motion carried unanimously.
H. The Council considered adoption of an ordinance
authorizing the execution of a change order to a contract
between the City of Denton and Dominion Bridge Sulzer Escher
Wyss; and providing for an increase in the contract price.
(The Public Utilities Board recommended approval).
Bob Nelson, Executive Dice,^tor for Utilities, stated that the
original bid had spare parts listed but the City did not
exercise that portion of the bid when approved as it was not
definite how many of the spare parts would be needed, The list
i had now been determined and they were ready to purchase those
parts.
The following ordinance was considered:
NO. 89-179
AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE
ORDER TO A CONTRACT'BETWEEN THE CITY OF DENTON AND DBS
ESCHER WYSS; PROVIDING FOR AN INCREASE IN THE CONTRACT
PRICE; AND PROVIDING AN EFFECTIVE DATE.
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McAdams motioned, Ayer seconded to adopt the ordinance. On
roll vote, McAdams 'aye," Alexander "aye," Hopkins "aye,"
Gorton 'aye," Ayer "aye," Boyd "aye,' and Mayor Stephens
i 'aye." Motion carried unanimously, i
1. The council considered adoption of an ordinance t
authorizing the execution of a change order to a contract
between the City of Denton and Sunmount Corporation) and
providing for an increase in the contract price.
Rick Svehla, Deputy City Manager, stated that the Bonnie Brae
project had run into extensive rock and the change order was
needed.
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December 5, 1989
page 11
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The following ordinance was considered:,
NO. 89-180
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" AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE
ORDER TO A CONTRACT BETWEEN THE CITY OF DENTON AND
SUNMOUNT CORPORATION1 PROVIDING 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,' Alexander 'aye,' Hopkins "aye,"
G,.)rton "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, Texas, approving the 1989 tax rolls.
The following ordinance was considered:
NO. 89-181
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING
PHE 1989 TAX ROLLS; AND PROVIDING FOR AN EFFECTIVE
DATE.
McAdams motioned, Hopkins seconded to adopt the ordinance. On
roll vote, McAdams "aye," Alexander 'aye,' Hopkins "aye," {
Gorton 'aye," Ayer 'aye," Boyd "aye,' and mayor Stephens
"aye." Motion carried unanimously.
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K. The Council considered adoption of an ordinance
authorizing and allowing under the act governing the Texas
Municipal Retirement System, "Updated Service Credits" in said {
system for service performed by qualifying members of such
system who presently are in the employment of the City oz
Denton; and providing for increased prior and current service
i annuities for retirees and beneficiaries of deceased retirees
i of the city.
Tho following ordinance was considered:
NO. 89-182
AN ORDINANCE AUTHORIZING AND ALLOWING U14DER THE ACT
GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM,
'UPDATED SERVICE CREDITS" IN SAID SYSTEM FOR SERVICE
PERFORMED BY QUALIPYING MEMBERS OF SUCH SYSTEM WHO
PRESENTLY ARE IN THE EMPLOYMENT OF ThE CITY OF DENTONI
PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE
ANNUITIES FOR RETIREES AND BENEFICIARIES OF DECEASED
RETIREES OF THE CITY; AND ESTABLISHING AN EFFECTIVE
DATE.
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December 5, 1989
Page 12
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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,
L. The Council considered adoption of an ordinance
granting to City employees additional rights and credits in the
Texas Municipal Retirement System as authorized by Section
63.303 Subtitle G, Title 11OB, Revised Civil statutes, as
enacted by House Bill 1885, Acts of the regular session of the
71st Legislature,
Paulette Owens-Holmes, Assistant Director of Personnel, stated
that this ordinance would provide that an employee who
performed service as a probationary employee for the City prier
to September 1, 1989, and was not granted TMRS credit during
the probationary status, to obtain prior service credit for the
probationary period not to exceed six months. There would be
no cost to the City for this benefit.
The following ordinance was considered:
NO. 89-183
AN ORDINANCE GRANTING TO CITY EMPLOYEES ADDITIONAL
RIGHTS AND CREDITS IN THE TEXAS MUNICIPAL RETIREMENT
SYSTEM AS AUTHORIZED BY SECTION 63.303 SUBTITLE G,
TITLE 11OB, REVISED CIVIL STATUTES, AS ENACTED BY
HOUSE BILL 1885, ACTS OF THE REGULAR SESSION OF THE
71ST LEGISLATURE.
Alexander motioned, McAdams seconded to adopt the ordinance.
II On roll vote, McAdams 'aye,' Alexander 'aye," Hopkins 'aye,'
Gorton 'aye,' Ayer 'aye,' Boyd 'aye,' and Mayor Stephens
I 'aye." Motion carried unanimously.
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7. Resolutions
A. The Council considered approval of a resolution
! authorizing the City Manager to execute an agreement between
the City of Denton, Texas and the Department of the Army, Corps
of Engineers establishing procedures for hydropower operation
at Lewisville Dam, (The Public Utilities Board recommended
approval),
Bob Nelson, Executive Director for Utilities, stated that the
purposa of the agreement was to assure the corps that all the
City was doing with the hydro units was capturing the run of
the river flow that was already being called for by the City of
Dallas on the downstream side of the reservoir,
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Page 13
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The following resolution was considered: a
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a NO. R89-075
r A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND THE
DEPARTMENT OF THE ARMY, CORPS OF ENGINEERS
ESTABLISHING PROCEDURES FOR HYDROPOWER OPERA- TION AT
LEWISVILLE DAM; AND PROVIDING FOR AN EFFECTIVE DATE.
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.
B. The Council considered approval of a resolution
authorizing the City Manager to execute an agreement between
the City of Denton, Texas and the Department of the Army, Corps
of Engineers establishing procedures for hydropower operation
at Lake Ray Roberts Dam. (The Public Utilities Board
recommended approval).
Bob Nelson, Executive Director for Utilities, stated that this
was a similar agreement to item 7. A.
The following resolution was considered;
N0. 89-076
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND THE
DEPARTMENT OF THE ARMY, CORPS OF ENGINEERS I
ESTABLISHING PROCEDURES FOR HYDROPOWER OPERATION AT
LAKE RAY ROBERTS DAM; 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.
8. Announcement of an appointment to the Civil Service
Commission.
Lloyd Harrell, City Manager, stated that due to the resignation
of Jack Miller, he was appointing Charldean Newell to the Civil
to fill the unexpired term.
Commission
Service
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City of Denton City Council Minutes9
A' December 51 1989
Page 14
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9. Miscellaneous matters from the City Manager.
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~ The City Manager did not have any items for the Council.
10. Official Action on Executive Session Items
r
r Gorton motioned, Ayer seconded to appoint the following
individuals to the Animal Shelter Advisory Committee;
Nonie Kull - Animal Control Center
Jesus Nava - City Official
Betty Johnson - SPCA
Dr. Steve Meyerdirk - Veterinarian
Mike Widmer - citizen with no connection to any of the
above categories
on roll vote, McAdams "aye," Alexander 'aye,' Hopkins 'aye,'
Gorton 'aye," Ayer *aye,' Boyd 'aye," and Mayor Stephens
'aye.* Motion carried unanimously.
11. New Business
No Council Member had an item of New Business for future
Council agendas.
12. The council did not meet in Executive session during
the Regular Session.
With no further business, the meeting was adjourned at 8:15 p.m.
RAY STEPHEN Sp MAY
CITY OF DENTON, TEXAS
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CITY SECRETARY
CITY OF DENTON, TEXAS
3210C
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CITY OF DENTON CITY COUNCIL MINUTES
DECEMBER 191 1989
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The council convened into the Work Session at 5:15 p.m. in the
Civil Defense Room,
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PRESENT: Mayor Stephens? Mayor Pro Tem Ayerr Council
Members Alexander, Boyd, Gorton, Hopkins and
McAdams.
ABSENT: None
1. The council convened into the Executive session to
discuss legal matters (considered action in Denton Count vs.
City and In Re: Flow), real estate an personnel/E-5-37U
appointments i cons ere an appointwent to the Building Code
/ Board).
5:45 p.m. l
I The Council then convened into open session.
1. The Council received a report on the telephone system
from Mel Horne of Doug Arnold, Ltd.
Lloyd Harrell, City Manager, reviewed the history of the system
and the process involved in choosing a new system.
Mel Horne, Doug Arnold, Ltd., stated that the present system
was at capacity and had out lived its usefulness. There was no
control of long distance costs and an extensive use of
off-premise extensions. Four bids were received for a new
system with GTE being the low bidder. The new system would
have increased capacity as well as features such as automatic
route selection, call detail recording and repotting, au-~omatic
call distribution, voice mail, battery backup, music on hold,
message waiting light and TI carrier service. Horne reviewed
the technical aspects of the four systems and recommended that
the Council approve the bid from GTE.
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2. The Council received a report and gave direction to
city staff regarding solid waste charges and licensing fees.
Lloyd Harrell, City Manager, stated that staff was developing
specifications for bids for exclusive and non-exclusive
providers for solid waste collection. This process would take
approximately four to five months to complete. Council had
asked for a survey regarding what was being charged in
surrounding communities in order to determine if an intfarim
license fee and a small rate increase should be implemented in i
the City of Denton. This license fee and rate increase would
allow the City to break even during the budget year. Staff was
recommending a fee between 5-101 and was asking for Council
direction. I
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City of Denton City Council Minutes
December 19, 1989
I Page 2
Jerry Cott, Government Relations Committee-Chamber of Commerce,
i suggested that a franchise fee be placed on both city and
private haulers.
City Manager Harrell replied that certain projects such as city
beautification and recycling was sponsored by the Solid Waste
Department and thus was contributing more than a franchise fee
would cover.
Consensus of the Council was to have staff prepare the
documents necessary for the license fee and rate increase for
the next regular Council meeting.
3, The Council received a briefing on and discussed
proposed revisions to the contracts for hotel/motel occupancy
tax recipients and the hotel tax ordinance and considered
extending current contracts through January, 1990.
Debra Drayovitch, City Attorney, presented a summary of Council
committee recommendations and how the proposed contracts
differed from the current contracts. Under present contracts,
hotel tax revenues were paid to three entities: the Chamber of
Commerce, the North Texas Fair Association, and the Denton
Cultural Confederation. The Chamber and the North Texas Fair
Association did not regularly fund other agencies from hotel
tax revenue, The Denton Cultural Confederation, was
established as a conduit to distribute hotel tax revenue to the
Greater Denton Arts Council, the Denton County Historical
Foundation, and the Denton County Historical Museum. The
council committee recommended that the City have contracts with
each of the five entities regularly receiving hotel tax
revenue. The Council Committee also felt that if the City were s
to continue to pay hotel tax revenue to the Arts Council for
the renovation of the steam Plant building, the City should j
have two contracts with the Arts Council., one relating to the
renovation project and one relating to the promotion of the
arts. Staff had developed an alternative to the proposed
! contract for the renovation project. The City Council might
i want to consider simply retaining the one percent in a separate
account for that purpose, The council committee recommended
separate contracts for the Denton County Historical Museum and
Denton County Historical Foundation with an allocation of the
one percent between them. Those two entities had agreed to the
separate contracts, other changes based on revisions in the
State law and the Committee's recommendations were (1) de,;ined
hotel tax revenues, (2) added a provision that hotel tax
revenue may be spent for administrative costs only if they were
"incurred directly" in performing authorized activities, (3)
added a provision that revenue say not be spent for travel
unrelated to an authorized activity or job performance, (4)
added a provision that the agency submit and Council approve
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council of Denton City minutes
December 19, 1989
Page 3
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x in advance the annual budget, (5) added a provision requiring ~J
an agency to maintain a separate account for the funds received
and prohibited commingling with other funds, (6) added a
provision that the City Manager be given notice of the meetings
r of the governing bodies of recipients, and that those meetings
be open to the City Manager.
Consensus of the council was to continue a work session
r discussion at the next regular Council meeting before meeting
with each entity to discuss provisions of the new contracts.
Current contracts would be extended through January 1990.
The Council then convened into the Regular session at 7:00 p.m.
in the Council Chambers.
PRESENT: Mayor Stephens Mayor Pro Tem Ayerl Council
Members Alexander, Boyd, Gorton, Hopkins and
McAdams.
ABSENT: None
Mayor Stephens presented Bob Nelson, Executive Director for
utilities, a plaque of appreciation from the Texas Municipal
!.vague.
1. The Council considered approval of the minutes of the
Regular Session of September 19, 1989, November 1, 19890 the
Joint Session Of November 15# 1989, Nand mthe Regular B Session of Executive 21, 1989E I
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Council Member Gorton asked that Exhibit B in the November
210 1989 minutes reflect whether the document was a staff
analysis or a SWAC recommendation.
Mayor Pro Tem Ayer noted a typographical error on page 26 of 4
1
the November 7, 1989 minutes which should have read
'privatization' instead of 'private'. I
Gorton motioned, Hopkins seconded to approve the minutes with I
I the noted amendments. Motion carried with a 6-0-1 vole with
Council Member Boyd abstaining as he was not present for one of I
the meetings.
2. The Council received comments from Roy Appleton, Jr.,
Bill Doig, and Frank Martino of the senior Management Council
representing the Denton Chamber of Commerce regarding the
Freeport Amendment. 1
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December 19, 1989 s
Page 4
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Bill Doig, Senior Management Council of the Denton Chamber of
Commerce and Plant Manager of Peterbilt, stated that the voters
in Denton county showed overwhelming support (751) for the
Freeport Amendment. To uphold the Freeport Amendment meant a
strong support of economic development in the community. The
Chamber of Commerce and Peterbilt hoped that the city was
farsighted enough to look into the long-term. In the long-term
the City, County and School District needed to develop the tax
base. The way to do that was through economic growth, through
economic development in the business community. The Freeport
Amendment would not affect the 1990 budget for the City and
School District, There was still a lot of time to plan ahead.
Res: He stated that Peterbilt was in favor of the Mayor's suggestion
to form a task force to look at where the City, County and
school District could go and plan for the future. For the
long-term, the Freeport Amendment needed to be upheld.
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Council Member Boyd stated that he understood that if the
Council did not act to reinstate the taxes on the Freeport
items, that the City would loose approximately $446,000 in tax
revenue in 1990.
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Doig stated that he understood the city would not loose any
revenue until 1991. He understood the City's budget for 1990 +
was based on 1989 revenue. All industry would continue to pay 1
their 1989 taxes based on the present tax base.
Frank Martino, Chair-Senior management industrial Committee,
stated that his business was within the City limits, his
business chose City power over TP & L, and paid City taxes. He 1
stated that within the City of Denton there had been three J
occurrences that the City did not have any control over which
had benefited the City. The first major benefit was 135 east
and west with the split in Denton. The City did not have any
control over that but it made Denron a pivotal point of a
tremendo,is growth Brea, The second benefit was the Dallas-Fort
Worth Airport. It had a great effect on Denton. The third
benefit was the Alliance Airport. He felt that air freight
would be the next major emphasis in the area. The Alliance
Airport would draw more businesses for central distribution
1 centers. Growth would come to the area but would it come to
j the City. A message would be sent to industries looking at the
area if the City refused to grant the Freeport Amendment,
Roy Appleton, Jr. stated that he was speaking as a
representative of Denton Publishing Company, the Senior
Management Council, and as Chairman of the Denton Economic
Development Advisory Board. The issue was included in the
recent State election as a means of helping rebuild and
broadening the state's economy and subsequently its tax base.
The fact that the voters wanted the economy improved and
approved of this as one means of doing so was demonstrated by
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December 19, 1989
Page 5
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I the overwhelming majority who voted it throughout Texas, in the
i City of Denton and Denton County. The corridor along 135W from l
Fort worth through north and northeast Tarrant County to Denton
showed every indication of being the next great growth area in
the State. The acquisition of large tracts of land in Denton
s and Tarrant Counties by a few large players confirmed that
potential. Fort Worth, Denton County and the Denton
Independent School District had approved the Freeport tax
exemption. The City of Dallas had approved the tax after
1990. A vote to deny or delay a decision would send a strong
negative signal about the City of Denton to companies
interested in Denton and to everyone in the economic
development arena. The argument advanced by some that to allow
I the exemption in 1990-91 would not allow enough time to adjust
budgetary matters was hard for the businessman to understand.
The argument that time was needed to collect data and to
determine what the exact impact would be was debatable.
Because it was questionable whether truly accurate data could
even be collected. Denton's economy needed improving and the
Freeport exemption was one tool to help it improve. This was
an investment in the future, not a gift to some special
interest. He requested approval of the amendment,
Council Member Boyd stated that if the amendment were approved
for 1990? the effect would be to reduce the next budget year
appropriations by approximately one-half million dollars or
raise the tax rate two cents in order to make up for the lost
money. It was troubling him that what was happening was that
the tax burden was being shifted from the manufacturing
industries to the homeowners. He asked Appleton if that was
the appropriate thing to do.
Appleton replied that Boyd ma; have left out one pojsibility.
cew business might come to Denton to broaden the tax base and
make up the difference. Boyd's assumption was what the city
had currently was what the City would have in the future.
Appleton's position was that this was an investment. He felt
that by following the will of the people, new and additional
business would be brought to Denton that would increase
revenues rather than restrict revenues. A lot of businesses in
Denton would not be affected by the amendment, He was not
proposing shifting the tax off of a few industries on to the
property owner. He believed it would increase the tax base for
all and would lighten the load for everybody.
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Council Member Boyd stated that the Council had to make
decisions in current times. Appleton might be right that over
a period of years that the money would be replaced by industry
coming in. The question was when would it come in and would it
come in in enough quantity to 'make up that significant amount
of money, There was a small group of businesses which would
get a very large impact from this amendment. Most of the rest
of the businesses would not. He seated that in effect Appleton
was asking the average citizen to subsidize this economic
development.
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December 19, 1989
Page 6
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' Appleton replied that he was asking the council to follow the 3
wishes of the citizens as expressed at the polls to make this
r investment in the future. The voters chose to make that
investment by nearly a 70% vote.
Council Member Alexander stared that he was not sure that the
voters would remember and fully agree with the same principal
next August when the Council would be talking about setting the
tax rate for the following fiscal year. If approved, the
Council would have to recognize that it would have some
repercussions and probably a reduction in City services or an
increase in the City tax rate. He wanted a pledge of
cooperation from the Chamber to work with the City when those
decisions needed to be made,
wt Appleton replied that the Chamber would be happy to work with
the City to explain the Freeport Amendment to citizens.
Council member McAdams felt that in talking to the average
working person owning a house, not a single person had the same
kind of zeal for the amendment when it was suggested that it
either meant a reduction in service or an increase in taxes for
them. Then they want to take another look at the amendment and
wait a little bit. The Council did not want to be pushed into
letting something go that they could not get back. The City
had demonstrated a number of ways its commitment to economic
development. The Council was not saying that the amendment was +
not a good idea. It was saying take another look at the
amendment and make sure what it was doing.
Mayor Stephens felt that the question was when and how to grant
the exemption. January first was the deadline for 1990. April
first was the deadline for subsequent years. The Council could
waive the exemption as late as July when figures were obtained
from the Central Appraisal District. Questions were raised on
how to keep services the same with the reduction in money.
3. The Council received comments from Jesse Coffey {
regarding the Freeport Amendment.
` Mr. Coffey withdrew his request to address the Council.
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4. Public Hearings j
I A. The Council held a public hearing and considered
adoption of an ordinance providing for a change from Planned
! Development (PD-124) for Single Family Seven (SF-7) to Single
k Family Seven (SF-7). The site was approximately 7.1156 acres
~ located on the north side of silver Dome Road, south of Grant ~ i
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Parkway, and east of Greenfield Parkway. 7,-89-917 (The
Planning and Zoning Commission recommended approval.) 3
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December 191 1989
Page 7
r•. The mayor opened the public hearing.
? Bill Tinsley, Director-Denton Baptist Association, stated that
this was a request for a change of zoning from Planned
: Development Single Family to Single Family for the development
of a church. There were no anticipated problems with the roads
around Hodge School during non-school hours.
J. B. Strange, owner of property in the area, stated that he
the
reviewed involved v plans
was in favor of the original zoning of the property and development.
for the property. He was in agreement with the proposed plans.
Ken Cartwright, Business Manager-First Baptist church of
Denton, stated that the new church would be a mission church
sponsored by the First Baptist Church. He felt the new church
would be a part of economic growth in the community.
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No one spoke in opposition.
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The Mayor closed the public hearing.
showed slides
Frank Robbins, Executive Director for Planning,
of the area of the proposed zoning. The developer would have
to build sidewalks and would have landscaping requirements.
Staff felt that there were enough regulatory controls in place
with the Landscape Ordinance and Subdivision Regulations to
approve Planning izoning case.
take care of any existing commission recommended unanimously problems.
I The following ordinance was considered:
NO. 89-184
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDIFOR A CHANGE FROM PLANNED DEVELOPMENT TO SINGLE FAMILY
(SF-7) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION FOR 7.1155 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 VIOLATIONS
THEREOF) ANL PROVIDING FOR AN EFFECTIVE DATE.
the ordinance. On t
adopt
McAdams motioned, seconded to
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Hopkins roll vote, McAdams "aye,O Alexander ,ayand HMayor opkinsStephens
Gorton "aye,' Ayer aye, Boyd aye,
G "aye." Motion carried unanimously.
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December 19, 1989 "
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B. The council held a public hearing and considered
adoption of an ordinance providing for a change from Planned
Development (PD-109) to Single Family Seven (SF-7) for 22.914
acres of land located east of Audra Estates subdivision,
northeast of Muck Place Subdivision, and northwest of Bellaire
Heights, approximately 1000 feet south of Audra Lane.
Z-89-018 (The Planning and Zoning Commission recommended
approval.
The Mayor opened the public hearing.
Bud Hauptman, Metroplex Engineering, presented overhead
transparencies detailing the area and the street arrangements.
Council Member Gorton left the meeting.
Hauptman stated the proposed development could have better
street arrangements and complied with SF-7 zoning.
Council member Boyd stated that one of the comments from an
adjoining land owner was that access should be from
f Mockingbird, was the property contiguous with Mockingbird.
Council Member Gorton returned to the meeting. ,
Hauptman replied that the property was separated from
Mockingbird. Additional land would have to to purchased and
the zoning changed in order to provide any type of access to
Mockingbird.
No one spoke in opposition.
The mayor closed the public hearing.
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i Frank Robbins, Executive Director for Planning, stated that the
only condition that was added to the Planned Development that
would separate it from any other SF-7 zoning district at the
time the planned development was granted was that sidewalks
( would be required on one side of the street. All other
standards of SF-7 zoning at that time would apply. The
Subdivision regulations had changed and now required sidewalks
l on both sides of the street. This proposal would improve the
street alignment.
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Council Member Boyd stated that assuming no street/drainage
connections were made, would the property function correctly
for ingress, egress and drainage considerations.
Robbins replied yes.
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Page 9
The following ordinance was considered:
NO. 89-185
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
SUBDIVISION AND NORTHWEST OF BELLAIRE HEIGHTS, AS MORE
PARTICULARLY DESCRIBED HEREIN PROVIDING FOR A PENALTY
IN THE MAXIMUM AMOUNT OF 21000.00 FOR VIOLATIONS
THEREOF AND PROVIDING FOR AN EFFECTIVE DATE.
Hopkins motioned, McAdams seconded to adopt the ordinance. On
roll vote, McAdams "aye," Alexander :aye Hopkins "aye,"
Gorton aye, Ayer "aye," Boyd "aye,and Mayor Stephens
"aye." Motion carried unanimously.
5. Consent Agenda
McAdams motioned, Gorton seconded to approve the Consent Agenda
as presented. Motion carried unanimously.
A. Bids and Purchase Orders:
1. Bid #1046 -Secretarial Workstations
2. Hid #1047 - Wooden Transmission Poles
3. Bid #1041 - Computer Facility Air Conditioner
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4. Bid 01043 - Demolition and Clearing #14
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B. Tax Refunds
1. Consider approval of a tax refund for
Talenfeld Real Estate 6 investment.
b. 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:
City of Denton city council minutes
December 19, 1989
Page 10
NO. 89-186
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIALSo EQUrPMENTI
SUPPLIES OR SERVICES1 PROVIDING FOR THE EXPENDITURE OF
FQ1JDS THEREFOREI AND PROVIDING FOR AN EFFECTIVE DATE.
Gorton motioned, McAdams seconded to adopt the ordinance, On
roll vote, McAdams 'aye," Alexander *aye#' Hopkins 'aye,*
Gorton mayel" Ayer layelm Boyd Naye#w and Mayor Stephens
'aye.* Motion carried unanimously.
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. 89-187
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING
FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR
IMPROVEMENTS1 PROVIDING FOR THE EXPENDITURE OV FUNDS
THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE.
McAdams motioned# Alexander seconded to adopt the ordinance.
On roll vote, McAdams 8ayel" Alexander 'aye," Hopkins *aye,*
Gorton " ayep 0 Ayer * aye$ 0 130yl waye#4 and Mayor Stephens
qaye.0 Motion carried unanimously.
Item 7.A. was considered.
7. Resolutions
A. The Council considered approval of a resolution
granting approval to the North Texas Higher Education
Authorityl 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.
The following resolution was considered:
No. R89-077
A RESOLUTION GRANTING APPROVAL TO THE NORTH TEXAS
HIGHER EDUCATION AUTHORITY# INC. TO ISSUE STUDENT LOAN
REVENUE BONDS OR OTHERWISE BORROW MONEY1 USE THE
PROCEEDS OF SAID 8014DS OR OTHER EVIDENCES OF BORROWING
AND MARE CERTAIN FINWGS IN CONNECTION THEREWITH.
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December 19, 1989
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( Ayer motioned, McAdams seconded to approve the resolution. on
roll vote, McAdams "aye,' Alexander 'aye,' Hopkins 'aye,'
Gorton "aye,' Ayer 'aye," Boyd 'aye," and Mayor Stephens
'aye,' Motion carried unanimously.
The Council returned to the regular agenda order.
6. Ordinances
C. The Council considered adoption of an ordinance
providing for the taxation of property exempt under Article
VIII, Section 1-j, Texas Constitution beginning with the 1990
tax year.
Lloyd Harrell, City Manager, presented an update on new
developments with regard to action taken by neighboring cities
and the options available to the Council. Fort Worth indicated
that they would not be taking any action either prior to
January first or April first and would allow the Freeport
Exemption to go into effect. Dallas would keep the taxation of
the Freeport products for the next budget year (1990-91) and
then exempt those goods thereafter. Generally, the central
cities in the area appeared to be moving immediately towards
implementing the exemption while the suburban cities appeared
to be retaining the tax at least for the present. The
Metroplex Mayor's Association recommended to continue the tax
until more Information could be obtained, It also stated a
need for a detailed cost benefit analysis performed by an
outside agency. There were three options available to the
Council. (1) Table the item and take no action, No action
prior to January 11 1990 meant that there would be no taxation
of the goods for the next fiscal year and no action prior to
April 1, 1990, no taxation for any future years. Once the
decision was made, it was irreversible. There was no definite
dollar amount determined at the present. The Denton Central
Appraisal District was the only source, at this point, to be
able to give any kind of rough estimate. They indicated that
the implementation of the Freeport Amendment would mean the
exclusion of 80% of the business personal property tax in the
community. If that were correct, that would mean approximately
$420,000 from next year's budget that would be lost if no
action were taken and the amendment were allow to go into
effect, if the item were tabled, if the amendment went into
effect and if the loss were that amount of money, an
approximate two cent increase in the tax rate or a substantial
cut in City services would be necessary. (2) Pass the
proposed ordinance which would continue the tax starting the
next budget year and continuing in future years, Without any
woul%enotobecexempt. The decision Iwould ibepreversiblehandtthe
Council could take action to exempt the items. The advantages
from that kind of action would be that because the decision was
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City of Denton City Council Minutes
December 14, 1989,
Page 12
a reversible the
p until the time the tax
rolls were Councitlo implements the exemption for the next
fiscal year, A decision could be made em late as Septembe
th
at the Freeport items could be exempt. At that
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Lime, the Council would know how much revenue would beinlost.~
If the Council had the dollar figures, a more realistic debate
could be held within the context of the budget as a
budget issue, whether to implement the exemption at that point
or not. Choices would then have to be major
the general tax rate to made about increasing
services, (3) Amend the o dmake u inance tohImplemententhe oaDallas
r cut
option" which would continue to tax the goods for the 1990-91
ny fiscal year but exempt thereafter.
Mayor Pro Tem Ayer asked that assuming the $420,000 figure was
correct and assuming the Council did a
did not raise taxes, would the Cit pprove the exemption and
how large a cut would have to be taken fromgthegbudgetxamplea of
City Manager Harrell replied that the cuts would have to be in
programs and services. For example, the
would have to eliminate the six new Police Department
COPS sp
narcotics officers, and five dispatc
herspositio the three
current budget, authorriz zed in the
Mayor Pro Tem Ayer stated that he was no Sst
large chunk be taken from one department sbut 4rathing that one , ead it among departments, This was a rather s
r
of what the dollar amount representednstration on the magnitude
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City Manager Harrell continued that a 20000 cut In
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f budget would represent about three-fourths 4of#the City s tyls t the
street patching and overlay otal It wold out all f the contributions made totheramagenciesuwhichpeamo nt d to
approximately $166,000 and still leave approximatel
worth of cuts to find. It would close the y $250,000 j
Martin Luther King, Jr, Recreation Center andenior center,,
Recreation and still be about $60,000 short, North Lakes
Mayor Pro II~
Tem Ayer stated that there was no doubt that the t
Council was committed to economic development, he felt that
many people who voted for
realize what they were doing Freeport Amendment did not
There was a ver 9 in terms their own taxes,
none of the campaign
had waged for the amendment and
good amendment, been advertised, It was a
more option for It provided cities and counties with still one nom did not enact a taxm eduction, i t Simply opment, The amendment
local option to do so, The Legislature recognizedithat cities
would need some time to adjust'to the amendment because of the
manner in which it was written and the spacing of the actions
in order to implement it, The Council had the opportunity to
keep options open. There was not much information about the
impact on the amendment at this
point. He felt it was prudent
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December 19, 1989
Page 13
fiscal responsibility to keep options open. He felt the
Council needed to take their time on this item, to gather
information, and study all of the facts, The Council had
responsibility to the entire City and there were a lo of
people in the city who might be affected adversely byt the
amendment. It did not make good fiscal sense to close options
when to keep the options open would not damage anyone,
Council member Gorton stated he felt there was a fourth
option. If no action were taken before January 10 1990 but
taken before April 1, 1990, the goods could be taxed in 1991
a and in all future years,
City Manager Harrell replied that that was correct. If no
action were taken at this meeting, the goods could not be taxed
for the 1990-91 fiscal year. April first was the next
deadline. If positive action were not taken by April 11 1990
to continue the tax, then the goods could not be taxed from
then on.
f Council Member Gorton stated that he was willing to yield to
t
he business community on the issue for this brief period of
time. lie
1990 come chalwlinged the ea business fi action community to Inform the before citizens of
the due effects of not allowing the tax to continue. He would
yield to the wishes of the citizens as they voted in this brief
period of time. He was willing to yield one year's r of
taxes for an educational process so the citizens couldwseehthe
effect of exempting these areas of taxation and what the true
j impact would be on a local basis.
Council Member Hopkins stated she wanted to start with the
figures from the Appraisal District. She understood that they
II did not know because they never separated it. But no one had
spoken to what might happen, The City might not necessarily
get $420,000. If it were $420,000 this past year, it might not
be that much next year. There had already been a cut in a
shift at Peterbilt. No one had said what would happen to
Peterbilt, Tetrapack, and Andrew. If the economic downturn
continued and did not improve, the City would not see
$420,000. The City might not see $200,000. It could go the
other way just as well as it could go up, yet the City was
saying to other companies not to come to Denton because the
City was not willing to take the risk, when the Denton
Independent School District and the County Commissioners
respected the voters decision, she did not feel it was her
place to override it. The voters were people who work at
Peterbilt, Tetrapack, Andrew and Boeing and they understood
about taxes. She did not feel it was going to be that big of a
shock to them. The citizens knew what they voted for and it
was obvious to most people who voted, that when a tax was
excluded that was previously collected, that it was picked up
by someone else. It was not a fair tax. If the Council voted
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City of Denton city council Minutes
December 19, 1989
Page 14 Joe,
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not to allow the exemption, the Council would be sending out a
negative message. Not only to companies looking to relocate
but also to companies the City needed not to cut back or move
away from here. The Council could not bind a future Council to
the wishes of the present council. She felt the Council should
vote to exempt now but if not, a positive statement should be
made for the business community to say that the tax would be
kept for 1990-91 year only and exclude later. This was more
important than many other things being done and if some of
those had to be taken out of the budget next year, then so be
it. And if the taxes had to be raised two cents, the Council
would be following what 70% of the voters said they would be
willing to do.
Council Mem':ar Alexander stated that there were two good
T arguments on each side. When the Council first put the item on
the agenda, he felt the council would be working with the DISD
and the County Commissioners to study and review and keep
options open for a while. Things had changed since then with
the School Board granting the exemption. He was concerned
about waiting and not making a decision. He was concerned that
the benefit acquired from granting the exemption over the
long-term would have to be a benefit that could be made evident
now. He was inclined to suggest one of two options (1) table
the issue and let the tax exemption go into effect or (2) keep
the tax in place for 1990 and to make it clear that the tax
would not be in place following that date. The considerations
for economic development were out in the future. Companies
looking at Denton were thinking about locating and building
facilities here. Those facilities would be constructed and
a ready in time to enjoy the exemption. That would give the city
a full year to make adjustments and to make plans to either
reduce services or increase taxes, He felt that the strongest
statement the Council could make would be to table the
ordinance and allow the exemption to go into effect.
Council Member McAdams stated that tax abatement or the
Freeport Exemption was not be the only thing businesses looked
at. At this moment, she did not see the best way to make up
the dollars. She did not feel that sent a negative message to
an industry looking at Denton. Businesses already in the City
would be experiencing a break in the tax due to the actions by
the DISD and the County. The council could say that it had a
commitment to this but was asking for time to get the budget in
order. If a smaller amount of money was being talked about,
she would not hesitate, But it involved perhaps a significant
{ tax increase to people who already experienced an increase in
1 City, County and School taxes while reducing taxes on others.
4 She felt it would be a mistake to take it off this year but
r hold options for next year. She felt it was necessary to hold
f on to the option for the future while studying the effects.
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City of Denton City Council Minutes
December 19, 1989
Page 15
Council Member Boyd felt it was ironic that the council
struggled every year to give a greater tax exemption to
citizens over 65 but could give only $10000 each year because
the budget couldn't take too large hit all at once. Now the
Council would be asking for a considerably larger hit and also
a possible increase in taxes. With the Freeport exemption, the
tax structure in Denton may be more attractive to manufacturing
industries, but it also may be less attractive to other
industries. Other industries would not benefit from the
exemption and would have to increase taxes. It might be that
Denton would want to be a transportation hub or a manufacturing
center. It might also be that Denton would want to be in
banking or publishing or a number of other industries that
would not benefit from the exemption, This amendment would
mean restructure of the tax structure to benefit a narrow range +
of industries,
mayor Stephens felt that no one was in opposition to granting
the exemption but that the question was how and when. He
suggested that if the tax provision were continued, that the
management could look at possible reductions of programs in
lieu of a tax increase to continue a suitable level of
service, He felt that the exemption should be granted as soon
as possible but not more than one to two years" This would
1 send a signal that the city was in favor of phasing out the tax
as quickly as possible without doing extreme level of damage to
the City's level of service and without putting an extra tax
burden on citizens and business/industry taxpayers.
Council Member McAdams stated the City had coming on-line two
additional fire stations which needed adequate staff and also
had already promised the community another community center
which would also need staff. The Senior center was being
expanded. The City had an obligation to have those physical
facilities serve the public if the City was willing to spend
money on them. That meant additional dollars. The next year's
budget did not just include the cost of the present year, it
already included an increase. The Council needed to think
about what it would say to the community if it could not
provide the basic things that it had already promised them.
The following ordinance was considered:
j NO. 89-168
AN ORDINANCE PROVIDING FOR THE TAXATION OF PROPERTY
EXEMPT UNDER ARTICLE VIII, SECTION 1-j, TEXAS
CONSTITUTION BEGINNING WITH THE 1990 TAX YEAR; AND
r DECLARING AN EFFECTIVE DATE.
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December 19, 1989
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Alexander motioned, Boyd seconded to amend the ordinance to
implement the 'Dallas plan' which would continue to tax the
goods for the 1990 budget but to announce that the council
would implement the exemption in the 1991 budget.
Council then held a discussion regarding the wording for the
amendment.
A brief recess was taken in order to determine the exact legal r
wording necessary for the amendment.
Following the recess, City Attorney Drayovitch suggested the
amendment be written, in a new Section II as follows: 'That the
1
council hereby announces its intent that all of that property
described in the Texas Constitution, Article VIII, Section 1-j
shall be exempt from taxation beginning January 1, 19916. 1
Council Member Alexander stated that he was satisfied with that
wording for his motion of amendment.
On roll vote, McAdams 'aye," Alexander "aye," Hopkins "aye,"
Gorton "nay," Ayer "aye," Boyd "aye," and Mayor Stephens
'aye." Motion carried with a 6-1 vote.
Boyd motioned, Alexander seconded to instruct staff to prepare
an ordinance for the January 2, 1990 City council agenda
exempting the tax beginning January 1, 1991. 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 adoption of an ordinance
designating and establishing speed zones on Loop 288 from Audra
Lane to the I-35E west frontage road; providing for a penalty
of a fine not exceeding two hundred dollars and providing a
severability clause.
f Rick Svehla, Deputy City Manager, stated that this was a j
request from the Highway Department to rezone the speed zones
t on Loop 288 from 135 to approximately US 380 based on radar
studies done on the facility. The Citizens Traffic Safety 1
Support Commission recommended approval. 1111
The following ordinance was considered; ,
NO.89-189
AN ORDINANCE DESIGNATING AND ESTABLISHING SPEED ZONES
ON LOOP 288 FROM AUDRA LANE TO THE I-35E WEST FRONTAGE
ROAD; PROVIDING FOR A PENALTY OF A FINE NOT EXCEEDING
TWO HUNDRED DOLLARS ($200.00); PROVIDING A
SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE.
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City of Denton City Council Minutes
December 19, 1989
5 Page ?7
Ayer motioned, Boyd seconded to adopt the ordinance. On roll
vote, McAdams "aye,' Alexander 'aye," Hopkins 'aye,' Garton
'aye,' Ayer 'aye,' Boyd 'aye," and Mayor Stephens 'aye.'
Motion carried unanimously.
E. The Council considered adoption of an ordinance
amending Southview's Development Phasing Schedule (PD-132).
(The Planning and Zoning Commission recommended approval).
The following ordinance was considered:
NO. 89-190
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING
THE DEVELOPMENT SCHEDULE FOR PLANNED DEVELOPMENT
DISTRICT NO. 132 (SOUTH'IIEW)= AND PROVIDING FOR AN
EFFECTIVE DATE.
McAdams motioned, Hopkins seconded to adopt the ordinance. On
roll vote, McAdams 'aye,' Alexander 'aye,' Hopkins 'aye,'
Gorton 'aye,' Ayer 'aye,R Boyd "aye,' and mayor Stephens
"aye." Motion carried unanimously.
F. The Council considered adoption of an ordinance
awarding a contract for the purchase of gas from Lone Star Gas
Companyl and providing for the expenditure of funds therefore.
(The Public Utilities Board recommended approval).
Bob Nelson, Executive Director for Utilities, stated that the
next four ordinances dealt with gas contracts with Done Star f
Gas.
i
The following ordinance was considered:
NO. 89-191
AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF
GAS FROM LONE STAR GAS COMPANY1 PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFORE# AND PROVIDING FOR AN
EFFECTIVE DATE.
McAdams motioned, Boyd seconded to adopt the ordinance. On
roll vote, McAdams 'aye,' Alexander 'aye,' Hopkins 'aye,'
Gorton 'aye,' Ayer 'aye,' Boyd 'aye,' and Mayor Stephens
F 'aye.' Motion carried unanimously.
G. The Council considered adoption of an ordinance
awarding a contract for the transportation of gas to Lone Star
Gas Company and providing for the expenditure of funds
therefore. (The Public Utilities Board recommended approval).
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City of Denton City Council Minutes„
December 190 1989
Page 18
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The following ordinance was considered.
NO. 89-192
AN ORDINANCE AWARDING A CONTRACT FOR THE
TRANSPORTATION OF GAS TO LONE STAR GAS COMPANY;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND J
PROVIDING FOR AN EFFECTIVE DATE, 1
McAdams motioned, Gorton 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.
' I
H. The Council considered adoption of an ordinance i
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; and providing expenditure of funds. (The
Public Utilities Board recommended approval).
The following ordinance was considered;
NO. 89-193
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.
i
McAdams motioned, Gorton seconded to adopt the' ordinance. On
roll vote, McAdams "aye,' Alexander 'aye,' Hopkins 'aye,"
Gorton 'aye,' Ayer "aye," Boyd "aye,' and Mayor Stephens
aye. Motion carried unanimously.
I. The Council considered adoption of an ordinance
awarding a contract for the purchase of spot gas from Enserch
Gas Company; and providing for the expenditure of funds
therefore. (The Public Utilities Board recommended approval).
The following ordinance was considered:
NO. 89-194
AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF
SPOT GAS FROM ENSERCH GAS COMPANY; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN
EFFECTIVE DATE.
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City of Denton City Council Minutes
December 19, 1989 "
Page 19
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r•' McAdams motioned, Hopkins seconded tc 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, 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.
The following ordinance was considered;
NO. 89-195
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) AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR) AND PROVIDING FOR AN
EFFECTIVE DATE.
McAdams motioned, Ayer 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.
7, Resolutions
A. Item 7. A. was considered earlier in the meeting.
8. The Council considered approval of 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
E Communications District,
The following resolution was considered;
NO. R89-078
i
A RESOLUTION WHEREBY THE CITY OF DENTON APPROVES THE
1989-90 FISCAL YEAR BUDGET, IN ACCORDANCE WITH THE
j PROVISIONS OF ARTICLE 1432e V.A.T.S., AS AMENDED, OF
THE DENTON COUNTY EMERGENCY COMMUNICATION DISTRICT)
AND PROVIDING FOR AN EFFECTIVE DATE.
McAdams motioned, Hopkins seconded to approve the resolution,
on roll vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Gorton "aye," Ayer 'aye,' Boyd "ayeand Mayor Stephens
aye. Motion carried unanimously,
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City of Denton City Council Minutes
December 19, 1989
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C. The Council considered approval of a resolution
F recognizing 1990 as the centennial year of the university of
North Texas.
Mayor Stephens stated that the resolution came as a request
r from Chardean Newell and that part of the resolution had been
omitted. Mayor Stephens requested that the following be
` included in the resolution in the next to last 'Whereas": "and
graduate degrees by 1988, and also has developed into one of
five major research and teaching institutions of higher
t learning in the state of Texas, and is now the fourth largest
in student enrollment'.
kaj The following resolution was considered;
I NO. R89-079
F A RESOLUTION RECOGNIZING 1990 AS THE CENTENNIAL YEAR
OF THE UNIVERSITY OF NORTH TEXAS.
Ayer motioned, Boyd seconded to approve the resolution with the
additional wording as noted. 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
M requesting DART to secure the option on the Union Pacific
right-of-way from Lewisville to Denton.
Jesus Nava, Assistant to the City Manager, stated that this 1
resolution would involve DART acquiring a long-term option for
! the railroad right-of-way from Lewisville to Denton. In order i
for DART to discuss the optiin with Union Pacific, DART
requested a resolution from both the City Council and the a
f Chamber of Commerce.
If II
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The following resolution was considered:
NO. 69-080
/ A RESOLUTION REQUESTING THAT THE DALLAS AREA RAPID
I TRANSIT AUTHORITY (DART) CONSIDER THE PROTECTION OF i
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
` DENTONI AND PROVIDING FOR AN EFFECTIVE DATE.
McAdams motioned, Boyd seconded to approve the resolution. On
roll vote, McAdams "aye,' Alexander "aye,' Hopkins "aye,"
Gorton "aye," Ayer "aye,' Boyd 'aye," and mayor Stephens
'aye." Motion carried unanimously.
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December 19, 1989
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8. The Council considered approval of a ion
authorizing the City Manager to execute an agreement wi htthe
Texas Historical commission for services in connection with the
Urban Main Street Program.
Jane Finley, Main Street Manager, reviewed the achievements of
the main street Program during the past year.
Hopkins motioned, Gorton seconded to approve the request, on
rortonvote# McAddam "y," Alexander 'aye," Hopkins "aye,"
Ayer aYe Boyd aye, and Mayor Stephens
Loa) "aye," Motion carried unanimously,
9. Miscellaneous matters from the City Manager,
City Manager Harrell had no items for Council. '
10. There was no official action on Executive
items from the Work Session, Session J
11, New Business
The following items of New Business were su f
Members for future agendas: 99ested by council
A. Mayor Pro Tem Ayer suggested the public be made
aware of the report on privatization, i
12. The council did not meet in Executive Session during
the Regular Session.
With no further business, the meeting was adjourned at 10:00
p.m.
1 i
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RAY STEPHENS, MAYOR
CITY OF DENTON, TEXAS
f
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JENNIFER AL ER
CITY SECRETARY
CITY OF DENTON, TEXAS
3222C
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CITY OF DENTON CITY COUNCIL MINUTES
January 2, 1990
The Council convened into the work Session at 5:30
Civil Defense Room. P.m, in the
PRESENT: Mayor Stephens] Mayor Pro Tem Ayer; Council
Members Alexander, Gorton, Hopkins and McAdams.
ABSENT: Council Member Boyd
5:15 P.M.
I
1• The Council convened into Executive Session to discuss
legal matters, real estate, personnel/board appointments,
i
Council Member Boyd joined the meeting.
j The Council convened into open session,
5:30 p.m.
1• The Council received a briefing on and discussed
proposed revisions to the contracts for hotel/motel occupancy
tax recipients and the hotel tax ordinance.
Debra Drayovitch, City Attorney, summarized her report from the
last meeting, The Council Committee was recommending that the
City have contracts with each of the entities that received
hotel tax revenue. Those contracts would include the Denton
Chamber of Commerce, 3% for convention/tourism] the North Texas
Fair Association, 19 for convention/tourism] the Greater Denton 3
Arts Council, li for the arts; the Greater Denton Arts Council,
It for renovation of City building] the Denton County
Historical Museum, .88% for historic purposes; and the Denton
County Historical Foundation, .12% for historical purposes. Of
the ten recommendations from the Council Committee, seven were
state mandated. The recommendations mandated by the state
included (1) a definition of hotel tax revenue, excluding
expenses incurred by the City in enforcing collection of
revenues, the expense of necessary audits, and any collection
` reimbursement costs paid to hotels as authorized by statute and
eliminated the provision allowing the City to receive 11 or
actual expense to cover administrative costs, (2) added a
statutory provision that hotel tax revenue may be spent for
administrative costs only if they are 'incurred directly' in
performing authorized activities, (3) added a statutory
provision that it the recipient performed other activities for
which hotel tax revenue cannot be spent, the administrative
+ costs shall be allocated accordinp1
provision that revenue may not be spent for ) travel a statutory
an authorized activity of job ravel unrelated to
performance provision that the agency submit and, councilaapprove
In advance the annual budget, (6) added a statutory provision
that approval of an agency's annual budget created a fiduciary
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City of Denton City Council minutes rr
January 2, 1990
Page 2`
duty with respect to the funds received, and (7) added a
statutory provision requiring an agency to maintain a separate
account for the funds received and prohibited commingling with
other funds. Recommendations from the Committee included (1) a
cap on the amount of hotel tax revenue to be paid, (2) a
provision that the City Manager or his designee be given notice
of the meetings of the governing bodies of recipients, and that
those meetings be open to the City manager or his designee, and
(3) that the agency would promptly respond to any request from
the City Manager for additional information relating to 1
activities performed under the agreement.
eae~ Council Member Boyd asked about provisions for the audit of
hotels.
Council Member Alexander replied that the best situation would
be to perform an audit at any time and charge the fee back to
the entity. However, there might be legal conditions that
would affect an audit of the hotel.
these were legal
for the Drayovitch confirmed that
City visions Attorney
of hotels/motels,
pro
Council Member McAdams inquired about how the 'cap' would be
incorporated into the current contract.
Council Member Alexander replied that possible wording of the
contract would read 'the recipient shall receive % or
dollars whichever was less'. The 'cap' would Te -set at a
figure above the current budget so there would not be an impact '
on the entities budgets for several years.
I
Mayor Pro Tem Ayer asked if the "cap' would prohibit
renegotiating the contract,
ll Council Member Alexander replied no that the contract could
always be renegotiated.
Council Member McAdams was concerned that the 'cap' might limit
certain groups too much as they were not able to combine
efforts with other groups receiving funds.
Council member Alexander replied that new priorities could be {
j set based on the allocations. If a surplus developed, the 1
Council could grant special allocations for special projects.
Council Member Hopkins asked if the idea of using excess funds
for City work projects had been ruled out or was not legally
possible.
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i January 2, 1990
t 6 Page 3
Council Member Gorton replied that that was still a
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possibility.
Council Member McAdams stated that she was not at all
comfortable with a "cap" on the funds and felt that it would
severely limit some entities in a few years.
Council then held a lengthy discussion involving whether to set
should 'be ,set posible amount of the ind individual basis or s set a for whether all entities.
Mayor Stephens stated that the purpose of the "cap" as he saw
it was that there might be other places that needed funding
with the Laylor funds but there were none available as they
were all allocated. A "cap" could be placed so extra funds
might one day be possible.
h Consensus of the Council was to visit with each recipient to
discuss contract revisions, the impact of a possible "cap" and
what the agency might do it a shortfall or a windfall occurred.
2. The council received a report and considered solid
waste charges and commercial/industrial solid waste haulers
license fee.
Lloyd Harrell, City Manager, stated that before a permanent
decision was made on the commercial solid waste service, the
Council had requested specifications and bids for exclusive and
non-exclusive arrangements with private haulers. That process
would take approximately 4-5 months. An interim problem was
that the solid waste budget would be $106,000 out of balance.
The Council had suggested a reasonable license fee for all
commercial haulers in the City and a small rate increase to
off-set the budget problem. The City currently allocated funds
from the solid waste budget for such proj.cts as
beautification, mosquito control, and recycling. Upon
analysis, an 6% license fee would generate approximately
$54,000 for the rest of the budget year, and a small rate
increase would provide the rest of the shortfall.
Mayor Stephens asked about the reaction of the private haulers.
City Manager Harrell replied that the two major haulers had
been contacted and that the 84 figure was high. They would be
more comfortable with a lower number but that they recognized
the budget problem and felt that the 8% was a reasonable charge.
{ Mayor Stephens asked how the increased rate would compare with
0 the rates of the private haulers,
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January 21 1990
Page 4
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Bill Angelo, Director -Community Services, replied that it was
difficult to answer in that they did not have the exact figures
of the two haulers. He felt that Waste management would be a
bit higher than the new City rates.
Item 46 was considered.
6. The Council received a report and considered street
sweeping alternatives.
Sill Angelo, Director-Community Services, stated that the
original intent was to purchase a new sweeper and hire a new
sweeper employee. After investigating the possibility of
contracting out for the City's street sweeping services, it was
determined that the City would enhance its service with a
private contractor while reducing costs. Staff was
recommending a dual approach by utilizing the funding of the
new sweeper and sweeper operator which was included in the
1989-90 budget to contract out for the sweeping of the major
streets and arterials. Additionally, the City would maintain
its existing sweeper and operator to cover special requests,
complaints, residential street sweeping, and the increase j
sweeping activities for areas like the Square.
Council Member McAdams asked about the frequency of the 1
contracted sweeping.
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Angelo replied that 1009 of the major streets would be done on
a monthly basis while the present City crew could only do 741.
Mayor Pro Tem Ayer asked why a private company could do the
same sweeping for less than the City.
Angelo replied that that was the only business the company
did, it had many other cities it did the sweeping for and
could spread the cost over all those cities. It also had more
equipment and could do the job quicker than the City.
Council Member Boyd asked if a new sweeper were bought, would
the City be able to do a better job than an outside source.
Angelo replied that the city could do 800 curb miles while a
private company could be 1080 curb miles for less money.
City Manager Harrell stated that with the service contracted
out, more streets could be swept on a more regular basis.
Consensus of the Council was to proceed with the bid process.
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City Of 2Den 1t9o9n0
January City Council Minutes A
p, Page 5
Agenda items 13, #q, and #5 were not considered during the work
Session,
The Council then convened into the Regular Sess
in the Council Chambers, ion at 7;00
p.m. ~
PRESENT: Mayor Stephens! Mayor pro Tem r; cil
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Members Alexander, Boyd,, Gorton, Ayyopkinsunand
McAdams,
ABSENT: None '
Mayor Stephens Informed the Council that consent Agenda items
1.A.3. and 1.A.5, had been pulled by staff, Ordinance 2,B,
would also be pulled as it would have implemented one of the
pulled consent Agenda items,
1, Consent Agenda
Gorton motioned, McAdams seconded to approve the Consent Agenda
as amended. Motion carried unanimously,
A. Bids and Purchase Orders;
j
1, Bid #1021 - Padmount Switchgear s
2, Bid #1052 - Printing of Parks and Recreation j
Brochures
9. Bid #1050 - Ball Field Lighting-Denia Park
B, Plats
I
1. Preliminary plat of the Hartlee Field
Addition, Lots 1-6, Block Al Lots 1-4, Block
11 Lots 1-5, Block C1 Lot 1, Block D and Lot
Block E. (The Planning and Zoning
Commission recommended approval)
2■ Ordinances
"A,
A. The council considered adoption of an ordinance
accepting competitive bids and providing for the award of ~II
contracts for the purchase of materials, equipment, supplies or 1
services,
t The following ordinance was considered:
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City of Denton City Council Minutes
January 2, 1990
Page 6
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NO. 90-001
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, Gorton seconded to adopt the ordinance. On
roll vote, McAdams "aye,' Alexander 'aye,' Hopkins 'aye,'
Gorton 'aye,' Ayer "aye," Boyd 'aye,' and mayor Stephens
"aye." Motion carried unanimously.
B. Item B. was pulled by staff.
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
services. (Bid #1036 - Fire Department Uniforms)
Lloyd Harrell, City Manager, stated that this item was not on
the Consent Agenda as it was not the low bid. There had been
quality problems with the low bidder and staff was recommending
approval of the second low bidder.
The following ordinance was considered:
NO. 90-002
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.
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McAdams motioned, Gorton 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.
r D. The Council considered adoption of an ordinance
establishing a license requirement and fee for private
commercial solid waste haulers.
I
Bill Angelo, Director-Community Services, stated that there
` were three errors in the ordinance which had been corrected.
They dealt with a change from an indicated Chapter 15 to
Chapter 12 and a fee of $50 per year for temporary hauling
instead of $50 per time,
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January 2, 1990
Page 7
The following ordinance was considered:
NO. 90-003
AN ORDINANCE OF THE CITY OF DENTON TEXAS AMENDING I
SECTIONS 12-23 (PERMIT REQUIRED FOR PRIVATE HAULERS OF
GRARBIVAATE GE,HAU TRASHRS,OR RUBBISH) AND 12-24 (VEHICLES USED BY
PLE REQUIREMENTSI CLASSES) OF THE CODE OF
ORDINANCES; PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF FIVE HUNDRED DOLLARS ($500.00)1 AND
PROVIDING FOR AN EFFECTIVE DATE.
McAdams motioned, Hopkins seconded to adopt the ordinance as
amended. On roll vote, McAdams "aye," Alexander "aye,*
"aye," Gorton 'aye," Ayer "aye," Boyd "aye," and Maor Stephens
'aye,' Motion carried unanimously.
E. The Council considered adoption of an ordinance
establishing rates for residential and commercial sanitation
collection services as authorized by chapter 12 of the code of s
Ordinances of the City of Denton,
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Bill Angelo, Director-Community Services, stated that there was
one minor change in the ordinance which was to add to the rate
per 30 days "per cubic yard per week",
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The following ordinance was considered: j
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NO. 90-004
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.
Hopkins motioned, McAdams seconded to adopt the ordinance as
amended. On roll vote, McAdams "aye," Alexander "ayer' Hopkins
aye, Gorton "aye,■ Ayer 'aye," Boyd "aye," and Mayor Stephens
"aye.' Motion carried unanimously.
j
P. The Council considered adoption of an ordinance
repealing Ordinance 89-188 to provide for rescission of the
taxation of property otherwise exempt under Article Vilro
j section 1-j, Texas Constitution beginning with the 1991 tax
year.
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City of Denton city council Minutes
January 2, 1990
Page 8
The following ordinance was considered:
NO. 90-005
AN ORDINANCE REPEALING ORDINANCE NO. 89-1880 TO
PROVIDE FOR RESCISSION OF THE TAXATION OF PROPERTY +
OTHERWISE EXEMPT UNDER ARTICLE VIII, SECTION 1-j,
TEXAS CONSTITUTION, BEGINNING WITH THE 1991 TAX YEARI
AND DECLARING AN EFFECTIVE DATE.
Hopkins motioned, McAdams seconded to adopt the ordinance. On
roll vote, McAdams "aye,' Alexander "aye," Hopkins "aye,'
Gorton "aye," Ayer "aye,' Boyd 'aye," and Mayor Stephens
"aye," Motion carried unanimously.
G. The Council considered approval of an ordinance
authorizing the Mayor to execute Amendment Number One to the
agreement with the City of Denton and Freese and Nichols, Inc. +
for professional engineering services for improvements to the
Denton Municipal Airport. (The Airport Board recommended
approval).
The following ordinance was considered:
NO. 90-006
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE
AMENDMENT NUMBER ONE TO THE AGREEMENT WITH THE CITY OF
DENTON AN) FREESE AND NICHOLS, INC. FOR PROFESSIONAL E
F ENGINEERING SERVICES FOR IMPROVEMENTS TO DENTON
MUNICIPAL AIRPORTI AND PROVIDING FOR AN EFFECTIVE DATE, i
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McAdams motioned, Alexander seconded to adopt the ordinance, k
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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3, Miscellaneous matters from the city Manager.
I Lloyd Harrell, City Manager, did not have any items for Council.
4. There was no official action taken during the work
session Executive session.
51 New Business
There were no new items of business suggested by Council
Members for future agendas,
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City of Denton City Council Minutes
January 2, 1990 J
Page 9 a
b, The Council did not meet in Executive Session during
the Regular Session.
The Council returned to the civil Defense Room to continue the 1
work Sebeion items.
3. The Council reviewed council rules and procedures.
City Attorney Debra Drayovitch, presented the draft document
and stated that there were three main categories of changes -
policy issues such as prociamatiors and work shops, statutory 1
changes made by changes in state law and terminology for
council members.
Council then reviewed the proposed changes with the following
comments,
(1) It was decided that the terminology should be changed to
'presiding officer' and 'council member' throughout the
document,
(2) Council Member McAdams requested the section on code of
conduct be rewritten regarding refusing to obey the orders of
the Mayor or presiding officer. {
(3) In a discussion regarding work sessions, City Attorney f
Drayovitch stated that the document had been written with the r
wording of 'informational and no formal action shall be
taken'. Council debated the definition of 'formal action*,
'final action' and 'take action on',
Council Member McAdams felt that the wording should be such
that if formal action was necessary during a work session, the
Council would be able to take such action,
Council took a brief recess from the agenda to recognize Hoy !
Scout Troop 468 attending the meeting.
fi Continuing with the City Attorney's briefing, the Council
reviewed sections dealing with proclamations, voting, and rules
of procedures for board/commission members.
Council Member Alexander requested a report on recommending
policy for board/commissions and the possibility of relaxing
requirements for some of the boards/commissions.
4. The Council received an update on Council goals.
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City of Denton City Council Minutes
January 2, 1990
Page 10 rr
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City Manager Harrell stated that this was a mid-year briefing
on Council goals.
Jesus Nava, Assistant to the City Manager, presented the major
highlights from selected goal areas. (1) Analyze Development
T~. Process - institute a Development Review Committee case
follow-up program; (2) Downtown Development - establish a Main I
Street executive committee and additional committees to address
specific issues of promotions, economic development, design,
parking and consumer traffic; (3) Energy issues - efficient
lighting systems, utilization of offices,
weather Ization/insulation, monitoring energy use, heating/air
conditioning, building codes, traffic pattern/street designs:
(4) City Beautification - apply for "Governor's Achievement
Award", prepare landscape or improvement plans for entranceways
and other right-of-way areas, (5) Financing Operations
present budget calendar as working document: (6) Improve City +
Image - examine the establishment of more convenient hours for
Customer Service, ensure City employees are sensitive to
citizen's perceptions, counseling/professional development
sessions: (7) Interlocal/Intergovernmental Relations
surplus auctions: (8) Economic Development - serve as ad- joint
visory
board member for the small Business Development Center, analyze
and prepare information for freeport exemption, prepare/develop
application for Federal Economic Development Grant, implement
business retention for assistance to local business and
industry, organize and coordinate presentation on Alliance
Airport. Nava then reviewed the objectives and tasks to be
deleted.
Council Member Boyd requested a report on the sensitivity
training program recently completed by the Police and Fire
Departments, He also stated that in the charge for the
Neighborhood Identity goal it should be remembered to improve
the quality of life but to do it according to the
neighborhood's priorities,
i Mayor Stephens requested that the Sister City Program be
continued and not deleted from the Economic Development goal.
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i 5. The Council received a report and gave direction
concerning the suggestion to hold neighborhood council meetings.
Jesus Nava, Assistant to the City Manager, stated that there
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meetings ere three alternatives to consider: (1) hold quarterly
bimonthly wmeetings cwithin theach of election the four delection ~ di(2) hold
stricts
plus the two at-large districts, and (3) hold informal
meetings at various locations as opposed to formal Council
meetings.
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City of Denton City Council Minutes
Page 21 2* 199o
council Member Gorton stated that informal events in the neighborhoods he had suggested
council meetings, , not holding
necessarily formal '
Mayor Pro Tem Ayer stated that he would be
meetings outside the council Chambers in favor of informal
meetings, but not
formal Council
Council Member p
the formal meetinkips stated Chet s he did but that there needed place' T~e ne;ghbor ood not cant to change
meetings, to be defini,A meetings were fine }
issues to discuss at the
Mayor Stephens Invited the
Sam Houston School Council to attend the
informational meetin oJn nuary 18th, The PTA meeting at
9 current Cit format would be an
With no further business $ pt0jects,
, the meeting was adjourned at 9s57 p.m.
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CITY OF DENTON
, TEXAS
#
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JENNIFER ALTERS
CITY SECRETARY
CITY OF DENTONo TEXAS
3225C E
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CITY OF DENTON CITY COUNCIL MINUTES
JANUARY 10, 1990
The council convened at 12:00 noon in a joint session with the
Denton Independent School District Board of Trustees at the
Administration Building, 1307 N. Locust, Denton, Texas.
PRESENT: Mayor Stephens: Council Members Boyd, Qorton,
Hopkins and McAdams.
ABSENT: Mayor Pro Tem Ayer: Council Member Alexander
1. The Council held a discussion regarding tax abatement
and other iseues relative to the City of Denton and the Denton
independent School District.
Bettye Myers, DIED Board President, indicated that present at
the meeting were members of the School Board, Denton City
Council, Denton Chamber of Commerce, County Commissioner Hill,
Judge Vic Burgess, DISD staff and City staff. She presented
Lloyd Harrell, City Manager, who would chair the meeting.
Lloyd Harrell, City Manager, presented an overview of the
proposed program. He introduced the other members of the
Committee, He stated that philosophically, the members of the
committee were against the principles of tax abatement as it
discriminated against certain entities. However, If Denton
were to remain in a competitive position, some type of tax
abatement policy was needed. He stated that the City, the DIED
and Denton County would consider a tax abatement on a
case-by-case basis for new, expanding and modernizing basic
industries, corporate office headquarters and distribution
centers. Retail and warehouse facilities would not qualify. A
Joint Committee on Tax Abatement would be established with two
elected officials from each of the taxing entities involved as
members along with one additional staff person from each
jurisdiction to serve as a non-voting, ex-officio member. The
Joint Committee on Tax Abatement would serve as a recommending
body to the taxing entities regarding whether economic
development incentives should be offered in each individual
case. The recommendation would be based on an evaluation of
approximately thirty three questions. Once a determination had
been made that a tax abatement should be offered, the value and
term of the abatement would be determined by a specific
formula. A bonus would be extended to existing industries in
which the actual value of the structure would be multiplied by
125% prior to utilizing the Formula Table which would provide
approximately one additional year for abatement. Tax increment
financing would be utilized for financing for infrastructure
improvements such as streets and utilities. That would be more
generous than the 125% for that kind of development.
Procedural guidelines would track the state guidelines, the
agreeaen: would be a formal agreement between the taxing entity 1J
and the business and the proposal provided for an annual review
process. Formal adoption needed to be done by both the City
and the DIED,
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City of Denton City Council Minutes
January 10. 1990
Page 2
Willie Hudspeth, DISD School Trustee, stated that the
recommendation from the Tax Abatement Committee would be just
that, a recommendation. The taxing entities did not have any
obligation to follow that recommendation.
City Manager Harrell replied that that was correct.
Council Member Gorton stated that the review panel should
review the request all at once and make a joint recommendation
to all of the taxing entities at the same time so as to not
divide the members of the panel.
Council Member McAdams expressed concern on where the money
would be made up when an abatement were given.
Bill Holt, Denton Chamber of Commerce, replied that the policy
would receive 75% of something versus 100% of nothing. He was
concerned that Denton would develop into a "dormitory" to the
I3S corridor with people living here in Denton but working
elsewhere.
i
Bill Giese, DISD School Trustee, stated that before a benefit
were received, the assumption had to be made that the entity
would be profitable in the City. Revenues were not the only
criteria, expeuditures also needed to be looked at.
Mayor Stephens left the meeting,
Gilbert Bernstein, Assistant Superintendent for Business
Affairs, stated that the long term goal needed to be looked
at. In the short term, the program might cost money, but in
the long term, it would pay out.
Discussion continued regarding the flexibility of the program,
competition coming not only from the Metroplex but from other
areas as well, and whether some of the questions were too
subjective.
E Council Member Hopkins stated that the City was already giving
some forms of tax abatement with the Homestead Exemption and
the Over 64 Exemption.
Council Member Alexander joined the meeting.
Bettye Myers suggested that each entity look at the document
and suggest any changes to either Gilbert Bernstein of the
DISD, Don Hill of the County Commissioners or Lloyd Harrell of
the City. The Committee could than review the comments and
incorporate any if necessary. Each entity could then look at
the completed document and decide whether to approve it.
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City of Denton City Council Minutes
January 10, 1990
Page 3
With no further business, the meeting was adjourned at 1:25 p.m.
RAY STEPItENS, MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
i, CITY OF DENTON, TEXAS
3229C E 1
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f CITY OF DENTON CITY COUNCIL MINUTES
JANUARY 16, 1990
The Council convened into the Work Session at 5:15 p,m, in the
Civil Defense Room.
PRESENT: Mayor Stephens; Mayor Pro Tem Ayer; Council
Members Boyd, Gorton, Hopkins and McAdams,
ABSENT: Council Member Alexander
5:15 p.m.
r' 1. The Council convened into the 1
discuss legal matters Executive Session to
City and In re; Flow Re( 1onaldMedicaltCenter) Dreaon estate, any
personnel oar appo ntments cons erecT an a
Cable T.V. Advisory Board), PPointment to the
5:45 p.m.
The Council then convened into open session.
1, The Council received a
Letter by the firm of Deloitte & Toucheiforofthehe Management {
September 36, 1989, year ending
George Scotc
Deloitte & Touche, stated that all records
j requested had been made available,
weaknesses in the internal control tThere wee rial
acety. j
ru turer ofnotheC
Certain administrative and operating matters were noted with
II recommendations for implementation of corrective
Those included (1) Return on investment procedures,
obtain a legal opinion interpreting the - the City should
charter in regards to the g intent the
proper application of the e return ion j '
investment in the Utility Fund; (2) Utility Billing System - I
an error was noted in the 'dusk to dawn' rate computation logic
i while immaterial, identified a
process of the utility rate potential weakness in the review
programs; (3) Audits of the FBO'e
the Finance Department should conduct periodic audits of the
Fixed base operators to provide assurance relating to revenues
generated and compliance with contractual agreements; (4)
interdepartmental Coordination
( coordination between the Engineering Depacommunition and
rtment a and sAirport
should be stressed by administration with proposed project
status meetings or use in project memos; (5) Investment Policy hang
made A
i documented through upne
ted and roved policy and procedures should be
E statements and incorporated into the Citypeli~ vesand redures
tmentoclicyl
(6) internal Audit - consider establishing an internaloaudit
function; and (7) Accounting procedures and issues
complete City-wide fixed asset physical inventory, -perform a
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City of Denton city council minutes
January lb, 1990
Page 2
2. The Council received a presentation of the
Comprehensive Annual Financial Report (audit) for the year
ending September 30, 1989.
John McGrane, Executive Director for Finance, reviewed the
various sections of the document. He stated that this was the
earliest the audit had teen completed and that it was a very
timely and accurate document.
3. The council held a discussion and considered staff
direction concerning proposed amendments to the Building Code
regarding energy conservation.
Lloyd Harrell, City Manager, stated that members of the
Building Code Board were present for discussion. He stated the
proposed amendments dealt with energy efficiency as it related
to resistance heating.
i
Alfred Green, Chair-Building Code Advisorv Board, reviewed the
proposed changes to the current ordinance, The proposed
changes did not do away with resistance heating but rather
upgraded the quality of new buildings,
I
Isabell Miller, Building code Board, stated that if the new '
buildings were built better, there would be no need to do away
with resistance heating,
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Council Member Gorton asked if higher utility bills would be
headed off by keeping resistance heating along with I
implementing the proposed new standards,
Bob Nelson, Executive Director for Utilities, replied that in
one aspect it would be worse. It would be creating a larger
I demand for those types of heating units. Gas heat was the more
efficient heat with a heat pump being second. Resistance
heating was the last resort for heating.
Council Member Gorton suggested implementing the standards but j
keeping track of bills to see how the standards were working,
A discussion followed concerning the merits of heat pumps
i versus resistance heating, whether to require posted noticea of
average utility bills and the legality of such a requirement
and the difficulty of tracking the proposed standards as
apartment building was currently so depressed.
Consensus of the Council was to have staff amend the proposed
ordinance to include wording regarding the posting of average
utility bills for apartments.
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i s January 160 1990
r Page 3
4. The council received a report on the Sanus/New York Life
Health Insurance Program including results from open
enrollment, status of self-funded prescription drug program,
and projections of former self-funded health insurance fund.
Tom Klinck, Director of Personnel, reviewed the procedure used
during open enrollment. He stated that there were some
transition problems but that those had been corrected. Klinck
stated that several new doctors had been added to the program
and one doctor had been dropped. upon investigation, it was
decided that a prescription drug program for employees would be
too costly. The former health insurance program was currently
under projected expenses and that the next few months would
require very close monitoring to ensure the fund had sufficient
fund to handle final "run-off" activity.
Council Member Gorton felt that the numbers listed dealing with
doctors contacted was very misleading. He stated that he had
personal knowledge that the figures were incorrect.
Ken Disella, Sanus, replied that the figures represented the
number of doctors contacted and not the number actually signed
up for the program.
Council Member McAdams also felt that those figures were
misleading. A doctor had been replaced for one that had been
dropped not a new doctor addea. She was concerned that the
City ccald not help employees with prescription drugs and felt
that the program was adequate but probably could do better.
Klinck replied that of the options and alternatives presented,
the Sanus program was the beat of what the City could get.
Council Member Hopkins asked if an employee had chosen the HMO
Only option, could he switch to the Sani!a Plus option,
Klinck replied only at the next open enrollment.
Work Session item 05 was held for discussion during the Regular
Session.
The Council then convened into the Regular session at 7;00 p.m.
{ in the Council Chambers.
PRESENT: Mayor Stephens; Mayor Pro Tem Ayerr Council
Members Boyd, Gorton, Hopkins and McAdams.
ABSENTS Council Member Alexander
1. The Council considered approval of a resolution of
appreciation for Howard Frank.
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City of Denton City Council minutes
January 16, 1990
Page 4
The following resolution was considered:
NO. R90-001
RESOLUTION OF APPRECIATION FOR HOWARD FRANK
Gorton motioned, Ayer seconded to approve the resolution. On
roll vote, McAdams 'aye," Hopkins 'aye," Gorton 'aye,' Ayer
'aye," Boyd "aye," and Mayor Stephens "aye,' Motion carried
unanimously.
2. Public Hearings
A. The Council held a public hearing and considered
adoption of an ordinance providing for a zoning change from
Agricultural (A) to Planned Development District (PD) with
respect to 2.468 acres located east of and abutting the 1-35E
between Pockrus Page Road and Shady Shores Road. Z-88-023
(The Planning and Zoning Commission recommended approval.)
The Mayor opened the public hearing.
Al Lissberger, petitioner, stated his first request had been
for straight commercial zoning, Council had indicated a
concern with that type of zoning due to beautification of a
city entranceway. Multiple changes had been made and the
planned development would be none of the nicest and pre-test
developments in a commercial aspect.
No one spoke in opposition.
The Mayor closed the public hearing. i
Harry Persuad, Senior Planner, stated that the case first came C
to Council on August 16, 1989 with straight commercial zoning. l
The Council had expressed concern with beautification along a '
City entranceway and had requested the petitioner consider a
planned development. Persuad showed slides of the area and
reviewed the recommendations from the Planning and Zoning
Commission which recommended approval with a 6-0 vote.
The following ordinance was considered:
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City of Denton City Council Minutes
January lb, 1990
Page 5
NO. 90-007
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING r
FOR A CHANGE FROM AGRICULTURAL "A' TO PLANNED
DEVELOPMENT 'PD' ZONING DISTRICT CLASSIFICATION FOR
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2.473 ACRES OF LAND LOCATED EAST OF AND ABUTTING 135E
AND WEST OF THE MKT RAILROAD, BETWEEN POCKRUS PAGE
ROAD AND SHADY SHORES ROAD, AS MORE PARTICULARLY
DESCRIBED HEREIN: PROVIDING FOR THE APPROVAL OF A
DETAILED PLAN FOR THE DISTRICTI PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2p000.00 FOR
VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE
DATE.
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Hopkins motioned, Gorton seconded to adopt the ordinance with
the conditions from the Planning and Zoning Commission.
Council Member McAdams stated that the conditions from the
Planning and Zoning Commission did not list a screening fence.
Persuad replied that the screening fence was shown on the
planned development detailed plan as a requirement.
Council voted on the motion, on roll vote, McAdams "aye,"
Hopkins "aye," Gorton 'aye,' Ayer "aye,' Boyd "aye,' and Mayor
Stephens "aye," Motion carried unanimously, j
3. Consent Agenda
Mayor Stephens requested item 3.A.7. be held for special
consideration. Council Member Gorton asked that 3.A.2. and
3.A.4, be held for special consideration.
McAdams motioned, Hopkins seconded to approve the Consent
Agenda with the exception of the above items. Motion carried
unanimously.
A. Bids and Purchase orders: i
1. Bid #1057 - Personal Computers (The Data
Processing Advisory Board recommended
approval.)
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{ 3. Bid 01045 - Reroof McCormick St. Fire station
51 REP 01034 - Medical Director service
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January 16, 1990
Page 6
6, RFP #2035 - Engineering/Architectural
Service for Fleet Service
8. Bid #1042 - Avenue A and Avenue E Paving b
Drainage
9- P.O. #94407 - IBM - Software Maintenance 1
(The Data Processing Advisory Board
recommended approval.)
10. P.O. 094344 - Computer Associates - Software
Maintenance (The Data Processin
Board recommended approval.) 9 Advisory f
Consent Agenda Item 3.A.2. was considered.
Council Member Gorton was concerned that the bid had previously
been awarded and that now the city was going to a different
bidder,
Tom Shaw, Assistant Purchasing
bids 'had been approved by the Acounciltone December 19, 19896 ,
When the order was placed with the low bidder, the er
bidd
realized that they had not included on their bid the exception
that they were bidding yellow pine rather than Douglas fir. At
their request, their bid was withdrawn because they did not
meet specifications.
Gorton motioned, Hopkins seconded to approve consent Agenda
Item 3,A.2. Motion carried unanimously, j
2. Bid #1047 - wooden Transmission Poles
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Consent Agenda Item 3.A,4. was considered.
Council Member Gorton asked why the low bid had not been
accepted.
Tom Shaw, Assistant Putchasing
for a hand held meter reading system, The elowestt the bid was
to mcet specifications on several items. The lowest price not fit into the existing system, prce did
+ Gorton motioned, McAdams seconded to approve consent Agenda
I Item 3,A.4, Motion carried unanimously.
46 Bid 01044 - Meter Reading System
Consent Agenda Item 3.A.7, was considered.
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City of Denton City Council Minutes
January 16, 1990
Page 7
Mayor Stephens stated that there were some questions concerning
the capabilities of the proposed system, Did it meet the
objectives required by the new system.
Lloyd Harrell, City Manager, stated that the Mayor had
generated a few more questions concerning the proposal. (1)
foHad the
localvendor/consultant
distanceverified
bethat
cap captured? outbound
Long call
distance
only would be captured. (2) What was the monthly recurring
charge for off-premise extension lines - City Hall to Denis,
City Hall to Airport, outlying fire stations. $1.85 per
quarter mile, (3) How many total off-premise lines? Twenty
two.
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Mayor Stephens asked if these were adequate for the City's i
purposes,
City Manager Harrell replied that GTE and the independent
consultant who prepared the specifications had verified the
accurateness, (4) What was the total monthly charge for
off-premise extension lines? $1,25 per quarter mile,
What were alternatives to off-premise extension lines? Putting j
in own cable with a cost of $3,25 per foot or approximately
$50,000. (6) Need clarification from GTE on service
technicians in the Denton area. There were 34 trained
technicians in the Metroplex with access time of 45 minutes
with 6 in Denton. (7) would each PBX have D.I.D. and outbound
beuati Cityr would with backups at centrally located? he Four trunks would t
the Service Center and two at the Power Plant. (8) How long
was the marketing agreement between GTE and Northern Telecom? !
A minimum of ten years, currently in effect since the late
1970'x. (9) 1975 vintage architecture of SL-1 - did Northern
Telecom have any changes planned that would render the system
obsolete in the near future? No, (10) The wait to mid-1990
for I.S,D.N. may be worth it in the long run. An upgrade was
planned for mid-1990, (11) If the system were purchased now,
could it be upgraded to include enhancements planned for the
mid-1990 release and at what cost? yes, at a maximum of
$300000. (12) Fiber optics was very up-to-date technically
and suggest the city have a person who worked with GTE from day
one to learn the operation, This was included in the AFP and
training was called for in the specifications. (13) what type
of maintenance agreement was provided, i.e, from 8-5, etc. and
would that be put in writing? GTE guaranteed a two hour or a whichnwassguarm e d Initheocontractouc hours on a minor outage
City of Denton City Council Minutes
f~• January 16, 1990
Page 8
A discussion followed concerning whether to capture local
calls. Mayor Stephens felt it might be beneficial to capture
such calls in order to prevent employee abuse. Council Members
Gorton and McAdams felt that department heads should be able to
keep track of calls and that it might place too much on
employees with such tight surveillance.
Debra Drayovitch, City Attorney, noted that page nine of the
contract reflected a four hour response time for major
All outages. If GTE was going to guarantee a two hour response
time, the contract needed to be changed to reflect that.
Stephens motioned, Boyd seconded to approve Consent Agenda Item
3.A.7. with an amended page nine. Motion carried unanimously. J
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7. RFP #1003- Telephone System 1
4. 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. (Bid #1044, Bid 01045, Bid #1047, Bid #1057) I
The following ordinance was considered:
NO. 90-008
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, i I
SUPPLIES OR SERVICES: PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFORE! AND PROVIDING FOR AN EFFECTIVE DATE.
Ayer motioned, Gorton seconded to adopt the ordinance. On roll
vote, McAdams "aye," Hopkins "aye,' Gorton 'aye,' Ayer "aye,'
Boyd "aye," and Mayor Stephens "aye." Motion carried
unanimously.
i B. The council considered adoption of an ordinance
accepting competitive bids and providing for the award of
contracts for public works or improvements. (Bid #1042) 1
The following ordinance was considered:
NO, 90-004 '
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING I
FOR THE AWARD OF CONTRACTORS FOR PUBLIC WORKS OR
IMPROVEMENTS! PROVIDING FOR THE EXPENDITURE OF FUNDS I
THEREFOR! AND PROVIDING FOR AN EFFECTIVE DATE. s
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January 16, 1990
+ Page 9
MCAd,'imS motioned, Gorton seconded to adopt the ordinance. On
roll vote, McAdams 'aye, 'Hopkins 'aye,' Gorton 'aye,' Ayer
'aye,' Boyd 'aye,' and Mayor Stephens 'aye." Motion carried
unanimously.
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C. The Council considered adoption of an ordinance
providing for the expenditure of funds for purchases of
materials or equipment which are available from one source in
accordance with the provisions of state law exempting such
gym' purchases from requirements of competitive bids. (P.O. #94344,
P.O. #94407)
The following ordinance was considered:
i NO. 90-010
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS
FOR PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE
AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE
PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM
REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN
EFFECTIVE DATE.
k Ayer motioned, Gorton seconded to adopt the ordinance. On roll
vote, McAdams 'aye," Hopkins "aye," Gorton 'aye,' Ayer "aye,"
Boyd 'aye," and mayor Stephens "aye." Motion carried
F unanimously.
f D. The Council considered adoption of an ordinance
authorizing the Mayor to execute an agreement with Brown
Reynolds Watford Company for professional architectural
I services relating to the design and construction of a Fleet
Maintenance Center and authorizing the expenditure of funds
therefor. (RFP #1035)
The following ordinance was considered:
i NO. 90-011
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AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT WITH BROWN REYNOLDS WATFORD COMPANY FOR
PROFESSIONAL ARCHITECTURAL SERVICES RELATING TO THE
o DESIGN AND CONSTRUCTION OF A FLEET MAINTENANCE CENTER)
i j AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR: AND
PROVIDING AN EFFECTIVE DATE.
McAdams motioned, Hopkins seconded to adopt the ordinance. On
j roll vote, McAdams "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
January lb, 1990
Page 10
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E. The Council considered adoption of an ordinance
authorizing the City Manager to execute an employment contract
between the City of Denton and Randy Park, M.D. for
professional services relating to the City's emergency medical
service program. (RFP #1034)
The following ordinance was considered:
NO. 90-912
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE
AN EMPLOYMENT CONTRACT BETWEEN THE CITY OF DENTON AND
RANDY PARK, M.D. FOR PROFESSIONAL SERVICES RELATING TO
THE CITY'S EMERGENCY MEDICAL SERVICE PROGRAM; AND
DECLARING AN EFFECTIVE DATE.
Hopkins motioned, Gorton seconded to adopt the ordinance. On
roll vote, McAdams "aye," Hopkins "aye," Gorton "aye,' Ayer
"aye,' Boyd "aye,` and mayor Stephens "aye." Motion carried
unanimously.
F. The Council considered adoption of an ordinance
authorizing the Mayor to execute an agreement between the City
of Denton and Business Phone Systems, a division of GTE
Southwest incorporated for the purchase of telecommunications
equipment. (RFP#1003)
The following ordinance was considered:
NO. 90-013
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN f
AGREEMENT BETWEEN THE CITY OF DENTON AND BUSINESS
PHONE SYSTEMS, A DIVISION OF GTE SOUTHWEST
INCORPORATED FOR THE PURCHASE OF TELECOMMUNICATIONS
EQUIPMENT] AND PROVIDING AN EFFECTIVE DATE.
Ayer motioned, Gorton seconded to adopt the ordinance as
amended. On roll vote, McAdams "aye," Hopkins "aye," Gorton
'aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye."
Motion carried unanimously.
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G. The Council considered adoption of an ordinance
authorizing the Mayor to execute a contract between the City of
Denton and the North Texas Umpires Association for officiating
softball games for City leagues.
The following ordinance was considered:
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January 16, 1999
page 11
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NO. 90-014
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A
CONTRACT BETWEEN THE CITY OF DENTON AND THE NORTH
TEXAS UMPIRES ASSOCIATION FOR OFFICIATING SOFTBALL
GAMES FOR CITY LEAGUES; AND DECLARING AN EFFECTIVE
DATE.
Gorton motioned, McAdams seconded to adopt the ordinance. on
roll vote, McAdams 'aye,' Hopkins 'aye,' Gorton "aye," Ayer
"aye," Boyd 'aye,' and Mayor Stephens 'aye.' Motion carried
unanimously.
H. The council considered adoption of an ordinance
authorizing the Mayor to execute Amendment No. 1 to the Denton and
Freese agreement oNicholsp Inc., relating between n prthe ofessional of
engineering
services for the detail design phase of the Lake Ray Roberts
Water Treatment Plant and authorizing the expenditure of funds
therefor. (The Public Utilities Board recommended approval.)
Bob Nelson, Executive Director for utilities, stated that in
February of 1988 the City had entered into a contract- with
Freese and Nichols to do the process design and detailed design
of the water treatment plant. Tt.~- first phase was process
design, the second phase was detailed construction design and
the last phase was residential project construction. The
amended phase was the detailed construction design.
j Mayor Pro Tem Ayer asked if there was still a possibility that
before the construction began, the facility would be expanded
to 20 million gallons and how would that affect the design.
Nelson replied that the engineers were aware of that
possibility. Staff was continuing to work with the Upper
Trinity Regional Water District who was securing several cities
who had expressed an interest to participate. If the major
partners such as Lewisville do not commit to the project, a 10
million gallon plant would be satisfactory.
I The following ordinance was considered:
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City of Denton City Council Minutes
January 16, 1990
Page 12
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NO. 90-015
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 SERVICES FOR
THE DETAIL DESIGN PHASE OF THE LAKE RAY ROBERTS WATER
TREATMENT PLANT; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR; AN PROVIDING AN EFFECTIVE DATE.
McAdams motioned, Ayer seconded to adopt the ordinance. On
roll vote, McAdams "aye," Hopkins 'aye,' Gorton 'aye,' Ayer
'aye,' Boyd 'aye,' and Mayor Stephens 'aye.' Motion carried
unanimously.
5. Resolutions
A. The Council considered approval of a resolution
authorizing the Mayor to execute an agreement between the city
of Denton and the County of Denton for the provision of library
services.
The following resolution was considered:
NO. R90-002
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF DENTON AND THE COUNTY OF
DENTON FOR THE PROVISION OF LIBRARY SERVICES; AND
PROVIDING FOR AN EFFECTIVE DATE.
McAdams motioned, Gorton seconded to approve the resolution.
on roll vote, McAdams 'aye,'.Hopkins 'aye,' Gorton 'aye,' Ayer
'aye," Boyd "aye," and Mayor Stephens 'aye.' Motion carried j
unanimously. 3
6. Miscellaneous matters from the City Manager.
a'+ Lloyd Harrell, City manager, presented the following items: I
A. The budget recap showed that revenues and
expenditures were on track for the budget.
B. Texas utilities had filed for a rate increase of
10.2% which was served on the City along with supporting
documents which were on file in the City Secretary's office.
Work session Item t5 was considered. i
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January 16, 1990
Page 13
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5. The Council discussed a preliminary assessment
concerning annexation in the vicinity of Hartlee Field and gave
staff direction about initiating formal annexation proceedings.
Frank Robbins, Executive Director for Planning, stated that he
would be please_9 to answer any questions that Council might
have concerning the detailed information in the agenda packet.
Consensus of the Council was to not annex the area at the
present time.
Mayor Stephens presented a TMPA update to Council. He stated
that the cities of College Station and Farmersville were
requesting to enter long-term contracts for the purchase of
electric service from TMPA member cities. Last year there had
been an experiment of burning western coal and mixing it with
Gibbons Creek coal. While the coal mixture was adequate, it
was not cost efficient as it would require a dependency on a
transportation link between Montana/Wyoming and south Texas.
The next experiment was to use lignite from the Calvert, Texas
area. The plant had passed the four million safe man-hour mark
as of December 31, 1989.
7. There was no official action taken during the Work
Session Executive Session.
8. New Business J
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Members for future agendas:
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A. Council Member Gorton asked that a particular
road off of McKinney Street be looked at for naming purposes
for the upcoming 911 system.
B. Mayor Stephens reported that the Deputy City
Manager, the Airport Manager and he visited with the FAA
regarding the Denton Airport. The FAA stated that it would be
# adding 1,000' to the runway in the near future which should
help with industrial development and commuter traffic.
9. The Council convened into the Executive session to
discuss legal matters (considered action in Denton County_ vs,
City and In re: Flow Regional medical Center), rear estate, an
personnel (3 appointments (consi ed red-an appointment to the I
Cable T.Y. Advisory Board).
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No official action was taken.
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City of Denton city council Minutes
January lb, 1990
Page 14
` With no further business, the meeting was adjourned at 8:47 p.m.
I f
RAY STEPHENS, MAYOR
CITY OF DENTON# TEXAS
JENNIFER WALTERS i
CITY SECRETARY I
CITY OF DENTON, TEXAS
3230C l
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DATE: 02/06/90
pat.« CITY COUNCIL REPORT FORMAT
M TO, Mayor and Members of the City Council
f FROM, Lloyd V. Harrell, City Manager
SUBJECT: Consider adoption of an ordinance extending the moratorium on the
establishment of sexually oriented businesses. p4
RECOMMENDATION: # J
The Planning and zoning Commission recommends adoption 15-01. 1
11 SUMMARY:
The ordinance placed a moratorium on the establishment of sexually
oriented businesses within 1,000 feet of a church, school, or public i
I park adjacent to a residential district or property line of a lot
devoted to residential use. It will be effective for a period of 90
days. During this time the City Attorney will review recent court s
cases and their applicability to the permanent ordinance which PiZ 1
has recommendeJ, and provide time for Council's consideration of it.
BACKGROUND:
E
August 1, 1989: Council adopted a 180 day moratorium or. the ,
establishment of sexually oriented businesses. This ordinance ends
I~ on February 10, 1990. '
January 10, 1990: The Planning and Zoning Commission completed
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its review of the permanent ordinance and recommended it to j
' Council. The Commission requested that the City Attorney make
appropriate amendments to their recommended ordinance after review '
of two recent court cases about sexually oriented businesses.
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The Commission recommended extension of the moratorium, in order to k
enable time for comprehensive review of the court cases and time for i
council to review the Commission's findings and the permanent
` ordinance.
PROGRAMS DEPARTMENTS OR GROUPS AFFECTED:
Potential sexually oriented businesses. j
FISCAL IMPACT:
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i Not applicable. r
Reape 1 m d:
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Pre red by: Lloyd . Harrell
City Manager
` Fra.:k H. Ro bins, AICP
Executive Director
1I L
' Planning and Development
v
1825x ~pj; 1
7-7
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE
EXTENSION OF A MORATORIUM ON THE ESTABLISHMENT OF SEXUALLY ORIENTED
BUSINESSES BY PROHIBITING THEIR LOCATION WITHIN A RESIDENTIAL
DISTRICT OR WITHIN 1,000 FEET OF A CHURCH, A PUBLIC OR PRIVATE
ELEMENTARY OR SECONDARY SCHOOL, A DAY NURSERY OR KINDERGARTEN
SCHOOL, THE BOUNDARY OF A RESIDENTIAL DISTRICT, A PUBLIC PARK
ADJACENT TO A RESIDENTIAL DISTRICT, OR THE PROPERTY LINE OF A LOT
DEVOTED TO A RESIDENTIAL USE, PENDING THE STUDY, REVIEW, AND
DISCUSSION OF A PROPOSED ORDINANCE REGULATING SE)UALLY ORIENTED
BUSINESSES; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF; PROVIDING THAT THIS ORDINANCE
SHALL BE EFFECTIVE FOR NINETY DAYS; AND PROVIDING FOR AN EFFECTIVE
DATE.
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WHEREAS, the City council adopted ordinance No. 69-095,
providing for a moratorium on the establishment of sexually
oriented businesses except in accordance with the regulations
therein adopted; and
WHEREAS, Ordinance No. 89-095 will expire on or about February
10, 1990; and
M WHEREAS, the City Council has determined that it is necessary
to extend the moratorium to provide additional time to complete the
study, review, and discussion of a proposed ordinance regulating
sexually oriented businesses; NOW, THEREFORE, I
6
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS;
SECTION I. A person commits an offense if he operates or
causes to be operated a sexually oriented business within a
residential district.
SECTION II. A person commits an offense if he operates or
causes to be operated a sexually oriented business within 1,000
I feet of a church, a public or private elementary or secondary
school, a day nursery or kindergarten school (as defined in Y
Appendix B - Zoning of the Code of Ordinances), a boundary of a
r residential district, a public park, or the property line of a lot
devoted to a residential use. Measurement shall be made in a
straight line, without regard to intervening structures or objects, 3
from the nearest portion of the building or structure used as a
part of the premises where a sexually oriented business is
conducted, to the nearest property line of the premises of a
church, public or private elementary or secondary school, day
j nursery or kindergarten school, public park, or lot devoted to a
1 residential use, or to the nearest boundary of a residential
district.
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SECTION III. A person commits an offense if he or she
operates or causes or permits another to operate a sexually
oriented business which is located within 1,ooo feet of another
sexually oriented business. The distance between two sexually
oriented businesses shall be measured in a straight line, without
regard to intervening structures or objects, from the closest
exterior walls of the structures in which the businesses are
located.
SECT DX IV. A person commits an offense if he causes or
permits the operation, establishment, or maintenance of more than
one sexually oriented business in the same building, structure, or
portion thereof.
SECTION V. That the words used in this ordinance shall have
the following meanings:
Adult Arcade means any place to which the public is per- ]
mitted or invited wherein coin-operated or slug-operated !1
or electronically, electrically, or mechanically con-
trolled still or motion picture machines, projectors, or
other image-producing devices are maintained to show
images to five or fewer persons per machine at any one
time, and where the images so displayed are distinguished
or characterized by the depicting or describing of
specified sexual activities" or "specified anatomical
areas."
Adult Bookstore or Adult videostorm means a commercial
establishment which, as one of its principal business
purposes, offers for sale or rental for any form of
consideration any one or more of the following: +
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(A) books, magazines, periodicals or other printed
matter, or photographs, films, notion Pic-
tares, video cassettes or video reproductions,
slides, or other visual representation which
depict or describe "specified sexual activi-
ties" or "specified anatomical areas"t or
(B) instruments, devices, or paraphernalia which
are designed for use in connection with
"specified sexual activities."
Adult cabaret means a nightclub, bar, restaurant, or
similar commercial establishment which regularly
features:
(A) persons who appear in a state of nudityi or
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MORATORIUM/PAGE 2
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r• (B) live performances which are characterized by
the exposure of "specified anatomical areas"
or by "specified sexual activities*: or
(C) films, motion pictures, video cassettes,
slides, or other photographic reproductions
which are characterized by the depiction or
description of "specified sexual activities"
or "specified anatomical areas."
Adult Motel means a hotel, natal, or similar commercial
establishment which offers accommodations to the public
for any form of consideration! provides patrons with
closed-circuit television transmissions, films, motion
pictures, video cassettes, slides, or other photographic
reproductions which are characterized by the depiction or
description of "specified sexual activities" or "speci-
fied anatomical areas"; and has a sign visible from the
public right-of-way which advertises the availability of
this adult type of photographic reproductions.
Adult Motion Picture Theater means a commercial estab-
lishment where, for any form of consideration, films,
motion pictures, video cassettes, slides, or similar
photogt -hic reproductions are regularly shown which are
charact:_•ized by the depiction of "specified sexual '
activities" or "specified anatomical areas."
Adult Theater means a theater, concert hall, auditorium,
or similar commercial establishment which regularly
features persons who appear in a state of nudity or live
performances which are characterized by the exposure of
"specified anatomical areas" or by "specified sexual
activities."
Nude Model studio means any place where a person who
appears in a state of nudity or displays "specified
I anatomical areas" is provided to be observed, sketched,
! drawn, painted, sculptured, photographed, or similarly
j depicted by other persons who pay money or any form of
i i t
considerat on.
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Nudity or a state of Nudity means:
(A) the appearance of a human bare buttock, anus,
male genitals, female genitals, female
brc%stst or
(B) a state of dress which fails to opaquely cover
a human buttock, anus, male genitals, female }
genitals, or arsola of the female breast.
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MORATORIUM/PAGE 3
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Residential Diet j t
!a• means any zoning district which has
been designated as an agricultural, one-family, two-
family, or multi-family zoning district, or any area
within a planned development zoning district which is
designated for residential use, as shown on the approved
site plan for the district.
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Residential Use means a one-family, two-family, or multi-
family dwelling, trailer camp, mobile home, or mobile
home park, as defined in Appendix 8 - Zoning of the Coda
of Ordinances.
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Semi-Nude means a state of dress in which clothing covers
no more than the genitals, pubic region, and arsolam of
the female breast, as well as portions of the body
covered by supporting straps or devices.
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Sexually Oriented R+ ss means an adult arcade, adult
bookstore or adult video store, adult cabaret, adult
motel, adult motion picture theater, adult theater, or
nude model studio.
Snecified Anatomical Arens. means human genitals in a
state of sexual arousal.
Specified Sexual Activities means and includes any of the
following:
I (A) the fondling or other erotic touching of the
human genitals, pubic region, buttocks, anus,
or female breastst
(H) sex acts, normal or perverted, actual or simu-
lated, including intercourse, oral copulation,
{ or sodomy;
(C) masturbation, actual or simulated; or t
(0) excretory functions as part of or in con-
nection with any of the activities met forth
in (A) through (C) above.
SRCTION VI. That any person violating any provision of this
ordinance shall, upon conviction, be fined a sum not exceeding Two
Thousand Dollars ($2,004.00). Each day that a provision of this
ordinance is violated shall constitute a separate and distinct
offense.
SECTION VII. That this ordinance shall become effective
fourteen (14) days from the date of its passage and shall
r
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MORATORIUM/PAGE 4
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~:•,,r, thereafter continue to be in force and effect for 90 days from the
date it becomes effective.
SECTION ILL That 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 , 1990.
RAY STEPMENS, MAYOR
ATTESTi
JENNIFER HALTERS, CITY SECRETARY i
BYi
err i
}s, APPROVED AS TO LEGAL FORMI
DEBRA ADAMI DRAYOVITCM, CITY ATTORNEY
s B YS
O
f
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sob\so r.s
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MORATORIVFI/PAGE 5
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NO. rl
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AN ORDINANCE OF THE CITY OF DENTON, TEXAS, SETTING A MORATORIUM ON
THE ESTABLISHMENT OF SEXUALLY ORIENTED BUSINESSES BY PROHIBITING
THEIR LOCATION WITHIN A RESIDENTIAL DISTRICT OR WITHIN 1,000 FEET
OF A CHURCH, A PUBLIC OR PRIVATE ELEMENTARY OR SECONDARY SCHOOL,
A DAY NURSERY OR KINDERGARTEN SCHOOL, THE BOUNDARY OF A RESIDENTIAL
DISTRICT, A PUBLIC PARK ADJACENT TO A RESIDENTIAL DISTRICT, OR T''E
PROPERTY LINE OF A LOT DEVOTED TO A RESIDENTIAL USE, PENDING TOE
STUDY, REVIEW, AND DISCUSSION OF A PROPOSED ORDINANCE REGULATING
SEXUALLY ORIENTED BUSINESSES; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING THAT
THIS ORDINANCE SHALL BE EFFECTIVE FOR SIX MONTHS; AND PROVIDING FOR
AN EFFECTIVE DATE.
k WHEREAS, the Planning and Zoning Commission, based upon a
preliminary review, has determined that sexually oriented
businesses may have certain undesirable secondary effects upon
other land uses if their location and operations are not properly
regulated; and
i
WHEREAS, upon the recommendation of the Planning and Zoning
Commission, the City Council believes that it would be in the
public interest to enact a moratorium on the location of sexually
oriented businesses for a period of six months so as to enable the
Planning and Zoning Commission and City Council a reasonable time I
to complete the study, review, and discussion of a proposed 1
ordinance regulatinj sexually oriented businesses; Now, Therefore,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. A person commits an offense if he operates or
causes to be operated a sexually oriented business within a
residential district.
SECTION It. A person commits an offense if he operates or
causes to be operated a sexually oriented business within 1,000
feet of a church, a public or private elementary cr secondary
school, a day nursery or kindergarten school (as defined in J
Appendix a - Zoning of the Code of Ordinances), a boundary of a
residential district, a public park, or the property line of a lot
devoted to a residential use. Measurement shall be made in a
straight line, without regard to intervening structures or objects,
from the nearest portion of the building or structure used as a
part of the premises where a sexually oriented business is
conducted, to the nearest property line of the premises of a
church, public or private elementary or secondary school, day
nursery or kindergarten school, public park, or lot devoted to a
j residential use, or to the nearest boundary of a residential
1
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district. k
SECTIQ1II• A person commits an offense if he or she
operates or causes, or permits another to operate a sexually
oriented business which is located within 11000 feet of another
sexually oriented business. The distance between two sexually
oriented businesses shall be measured in a straight line, without
regard to intervening structures or objects, from the closest
exterior walls of the structures in which the businesses are
located.
SECTION IV. A person commits an offense if he causes or
permits the operation, establishment, or maintenance of more than
one sexually oriented business in the same building, structure, or
portion thereof.
SECTION V. That the words used in this ordinance shall have
the following meanings:
Adult rCada means any place to which the public is
permitted or invited wherein coin-operated or slug-operated
or electronically,, electrically, or mechanically controlled
still or motion picture machines, projectors, or other
image-producing devices are maintaine3 to show images to five
or fewer persons per machine at any one time, and where the
images so displayed are distinguished or characterized by the
depicting or describing of "specified sexual activities" or
"specified anatomical areas."
Adult Bookstore or Adult Video tore means a commercial
establishment which, as one of its principal business
purposes, offers for sale or rental for any form of
consideration any one or more of the followings
(A) books, magazines, periodicals or other printed
matter, or photographs, films, motion pictures,
video cassettes or video reproductions, slides, or
other visual representation which depict or describe
"specified sexual activities" or "specified
j anatomical areas"i or
k (a) instruments, devices, or paraphernalia which are
designed for use in connection with ,"specified
sexual activities."
hAul t c barst means a nightclub, bar, restaurant, or I
similar commercial establishment which regularly featuress
(A) persons who appear in a state of nudity; or
(B) live performances which are characterized by the
MORATORIUM/ PAGE 2
1
ILMYt
V
exposure of "specified anatomical areas" or by r.
"specified sexual activities"; or
(C) films, motion pictures, video cassettes, slides, or
other photographic reproductions which are
characterized by the depiction or description of
"specified sexual activities" or "specified
anatomical areas."
Adult Motel means a hotel, motel, or similar commercial
establishment which offers accommodations to the public for
any form of consideration; provides patrons with
closed-circuit television transmissions, films, motion j
pictures, video cassettes, slides, or other photographic Jil
reproductions which are characterized by the depiction or
description of "specified sexual activities" or "specified
anatomical areas"t and has a sign visible from the public
right-of-way which advertises the availability of this adult
type of photographic reproductions.
Adult Motion Picture Theater means a commercial
establishment where, for any form of consideration, films,
motion pictures,, video cassettes, slides, or similar
photographic reproductions are regularly shown which are
characterized by the depiction of "specified' sexual
activities" or "specified anatomical areas."
Adult Theater means a theater, concert hall, auditorium,
or similar commercial establishment which regularly features
persons who appear in a state of nudity or live performances
which are characterized by the exposure of "specified
anatomical areas" or by "specified sexual activities.0 i
Nude Model studio means any place where a person who
appears in a state of nudity or displays "specified anatomical
areas" is provided to be observed, sketched, drawn, painted,
sculptured, photographed, or similarly depicted by other i
persons who pay money or any form of consideration.
a
Nudity or a Mate of Nudity means:
(A) the appearance of a human bare buttock, anus, male
genitals, female genitals, forma U breasts; or
(8) a state of dress which fails to opaquely cover a
human buttock, anus, male genitals, female ganitals,
or arsola of. the female breast.
Residential nistrict means any zoning district which has
f been designated as an agricultural, one-family, two-family,
or multi-family toning district, or any area within a planned j
MORATORIUM/ PAGE 3
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development zoning district which is designated for
residential use, as shown on the approved site plan for the k.
district.
gesidentia L Use means a one-family, two-family, or multi-
family dwelling, trailer camp, mobile home, or mobile home
park, as defined in Appendix B - Zoning of the Code of
ordinances.
Semi _Nude means a state of dress in which clothing covers
no more than the genitals, pubic region, and areolas of the
female breast, as well as portions of the body covered by
supporting straps or devices.
Sexually or{ented Business means an adult arcade, adult
bookstore or adult video store, adult cabaret, adult motel,
ad,ilt motion picture theater, adult theater, or nude model
studio.
means human genitals in a
state of sexual arousal.
Sp cif ed SsxWal Activities means and includes any of the
followings
(A) the fondling or other erotic touching of the human
genitals, pubic region, buttocks, anus, or female
breasts; II
(B) sex acts, normal or perverted, actual or simulated, 1
I including intercourse, oral copulation, or sodomy;
(C) masturbation, actual or simulated; or
(C)
(D) excretory o f the f activities set forth in (A) through w
any y of
above.
srCTiom yi. That any person violating any provision of this
ordinance shall, upon conviction, be lined a sum not exceeding Two
Thousand Dollars ($3,000). Each day that a provision of this
ordinance is violated shall constitute a separate and distinct
offense.
a~rrrloN y_ That this ordinance shall become effective
effect passage and shall
fourteen (14) days from the date of its
180 days from the
thereafter continue to be i
date it becomes effective. I
4ECTIO Viii. That the city secretary is hereby direetoe to
cause the caption of this ordinance to be published twice in tte
MORATORIUM/ PAGE 4
{
i
I
} Denton Record-Chronicle, the official newspaper of the City of
Denton, Texas, within ten (10) days of the date of its assage.
PASSED AND APPROVED this the day of r I I Al
1989.
f i7
Ray St hina, )[ayor
ATTESTS
J T IFER FALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORMS
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
By: -!0, my m/on
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j MORATORIUM/ PAGES
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CITY COUNCIL REPORT FORMAT
! TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: Approval of an automatic tax refund to James L. Penton, Jr.
RECOMMENDATION:
The Tax Technician has determined that an automatic tax refund should
be issued.
SUMMARY:
Chapter 31.11 of the Texas Property Tax Code requires the approval of
the governing body of the taxing unit for refunds in excess of ~ 500.00.
James L. Penton, Jr., is due a refund of $ 2,669.95 on City Account M
8511-00310, due to DCAD Supplements that lowered his property values. {
BACKGROUND:
Mr. Penton's taxes for 1987 and 1988 had already been paid, and the j
first half for 1989, when the Denton Central Appraisal District Issued
Supplements for the three years, lowering his varies., This resulted in a '
total overpayment of $ 2,669.95 for the three years combined. i
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
The Tax Department and the tax account of James L, Penton, Jr.
FISCAL IMPACT: I
2,669.95
~ ~ RE TFUGyC ~IJ~IAITT D ~
Ll"d E V. , Harrell
City Manager E
Prepared by:
U
Name Vic Schneider
Title Tax Technician
Approved:
1 a Jim n
Ti le Treasureand
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1988 SUPPLEMENT
f TO: / DATE: ?
r
FROM: DENTON CENTRAL APPRAISAL DISTRICT
P.O. BOX 2346
DENTON, TX 76202 LEGAL
OWNER: DESCRIPTI
RIPTION: ~S.b
7 le at ACCOUNTS 7QQ
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PREVIOUS VALUE: CORRECTED VALUE:
t i
IMP HS R. Q(Zi~ IMP HS G 1 j
LAND HS LAND HS
IMP NHS 7 111,5 IMP NN8 -b - i
s
LAND NHS LAND NHH~
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AG MKT AO MKT j
AO USE AO USE II
EXEMPT_ EXEMPT P/,I W L)
4 j
i TAXABLE o? a TAXABLE
LOS OR CAIN:, /Ci_ IMP 3PTB: LAND $PTO:~
APPROVED BY: WRITTEN BY:
~~'•~lc~al~~
REASONS:
~ AEG 2I',`., I
CITY '01c r,Z"S'MI
{ 7Ai{ iist".°.
R',lT.1p ,l
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r 1987 SUPPLEMENT"
TO: DATE:
FROM: DENTON CENTRAL APPRAISAL DISTRICT
P.O. BOX 2346
DEHTONo TX 78202
~~~~p LEGAL nn
OWNER:9122,"DESCRIPTION:
A/ 4716,
ACCOUNT/
PREVIOUS VALUEx_ CONAECTED VALUI:
IMP HS~Q1i c~ IMP Hs-
LAND HS LAND NS
imp NHS IMP NHS
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LAND NHS CO~1~r,Z $ H LAND NHe L .S. e~ PSi
A8 MKT AO MKT
AO USI~.__ Aa USE j
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EXEMPT EXEMPT dQ
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TAXABLE e~ Ir ~3~ TAXABLE °
l,`4 ® OR "Iml go IMP SPTB:[_LAND SPTB! 1_
APPROVED BY: WRITTEN BY:_
REASONS t, i r ae i~~~ C8 Li cq 7 #1 ) , rj
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DA',k:: U2/Ub/90
a
CITY COUNCIL REPOR'1 FURMA',
T0: Moyor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
i 1
i
f SUBJECT: PRELIMINARY PLAT OF THE LISSOER(jSR ADDli'IOA, LUf 1, BLUCK A.
f
l
E RECOMMENDATION:
f 'She Planning and Zoning Commission recommended approval at its
July 17, 1989 meeting (6-0).
SUMMARY:
This is a 2.468 acre tract near the southern city limits, northeast
of Interstate 35-E. Land on both sides is zoned for agricultural
use, as is the lnnd behind the site owned by the MKT Railroad, The
tract is shown in the G. Walker Survey, Abstract No, 1330, in th3
City and County of Denton, Texas.
BACKGROUND:
The tract is zoned Planned Development. The first 100 ft. are
( occupied by a Texas Municipal Power Association easement, and the
site backs up to railroad tracks, beyond which is a mobile home
park. Development is anticipated of auto related shops, offices,
t retail spaces and a restaurant/private club. The single-family
structure on the lot will be removed after development on the site
exceeds 8,000 square feet.
City services and facilities are available. However, the applicant
has elected to utilize an existing water well until such time as
development on the cite outpaces the capacity of the well, Also,
the applicant has applied for a permit for an evapotranspiration
system in place of utilizing a sewer main 2,000 feet to the north.
The permit must be granted prior to final plat. j
When development exceeds 8,000 square feet and/or prior to {
construction of a restaurant/private club, the applicant will
connect to City sewer lines. y
Previously, Council delayed reviewing this item on 06/15/89 until
the Planned Development zoning was finalized, Since this zoning was
f approved in January, 1990, this item can now be brought forward.
f
III' d
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ate. {
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City Council Report Re: Lissberger
Page 2
February 61 1990
i
j
The plat conforms to the minimum requirements of the Denton r
Subdivision and Land Development Regulations.
PROGRAMS, DEPARTMENTS OR CROUPS AFFECTED: 11
t NoneI
FISCAL IMPACT:
II
N/A !
Respe ully submit ed:
Prepared by: LLo d V. Harrell
lip City Manager
C
Owen Yoe t, ALA
Urban Planne
Ap veds
f
F ank M. Ro bins, AICP
Executive Director
} Planning and Develupment
1813x/2-3
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ATTACHMENT 1~ r
Lissboroar Addition
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DATEt 02/06/90
•
CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
I
SUBJECT: PRELIMINARY PLAT OF THE EAST OAKS ADDITIONi LOTS 1-181 BLOCK Al
s LOTS 1-26, BLOCK B: LOTS 1-20, BLOCK C: LOTS 1-18, BLOCK D: AND
LOTS 1-12, BLOCK E I
F
P
RECOMMENDATION:
The Planning and 2onining Commission recommended approval at its i
January 10, 1990 meeting (5-0). 1 {
j SUMMARYt
i
This is a 22.092 acre tract located north of McKinney Avenue, east
of Audra Lane and accessed via Oak Tree Road. It is shown in the 111
MEP 6 PRR Co, Survey, Abstract Nos. 1472 and 1479.
i BACKGROUND:
The property is zoned SF-7, and single-family residential
development to anticipated. Eventually, all 94 lots will be built
on, with a density of 4.25 units per acre. Final platting will be
done in three phases.
'i
The applicant has discussed the possibility of donating a portion of i
the existing trees to the City, In addition, he plans to preserve
as many trees as possible.
i City services and facilittea, including water, gas, sanitary sewer,
telephone, electrical, and solid waste, are available.
The plat conforms to the minimum requirements of the Denton
Subdivision and Land Development Regulations.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
None
FISCAL IMPACT:
An increase in the tax base of the City.
3
3
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East Oaks Addition
February 6, 1990
Page 2 1
i ,11
Resp ully ub edt '
/ /t f
Pr pared by
L1 Y. Harrell
City Manager
,
I Owen Yost, SLA
Urban Plann r s
f Appt ved:
F Ink H, Robbins, A1CP
Executive Director
Planning and Development
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17
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ATTACHMENT I
EAST OAKS ADDITION
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ATTACHMENT 2
its
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HACK PLACE Il~ i • - _ _ _ __Y
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2651E-1/11669 74 /j
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NQ.
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, eq,
went, supplies or services in accordance with the procedurov 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 p
services as shown in the "Bid Proposals submitted therefor; and
i
WHEREAS, the City Council has provided in the City Budget for
the appropriation of funds to be used for the pudrehadsea i t e
materials, equipment, supplies or services approve
herein; NOW, THEREFORE,
I
j THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: I
SECTION I. That the numbered items in the following numbered
bide or ma erials, equipment, supplies, or services, shown in the
"Bid Proposals" on file in the Office of the City's'Purchasi»r,
Agent filed according to the bid number assigned thereto, '
hereby accepted and approved as being the lowest responsible '
fer such items:
BID ITEM AMOUNT
NLMBER N0. VENDOR
~~c r L DR PFUX M TLIHG.SQMPl\NY.- +$--I& An,= ~
34~_ 4_125,zaO.M-
1 _ ~ SS 114_?2
,1054 ALL_ IB1_
1 c~z~8 49~-59
1059 1 b 2 ICJ,EMENT FORD
S 12.OTLOQ
10 9 3 ~CLEMEtiT DODGE -
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SECTION II. That by the acceptance and approval of the above
numb er-iec-items of the submitted bids, 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 J
and for the specified sums contained in the Bid Invitations, Bid it
Proposals, and related documents.
SECTION III. That should the City and persons submitting
Approved an accepted items and of the submitted bids wish to
enter into a formal written agreement as it result of the
acceptance, 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 terme, conditions
specifications, standards, quantities and specified sums contained' i
in the Bid Proposal and related bid documents herein approved and
accepted. f
SECTION IV. That by the acceptance and approval of the above E
numbered items of the submitted bide the City Council hereby {
authorizes the expenditure of funds therefor in the amount and in
accordance with the approved bide or pursuant to a written
contract made pursuant thereto as authorized herein.
I 1
SECTION V. That this ordinance shall become effective
imme ate y upon Its passage and approval.
PASSED AND APPROVED this day of r 1410.
i
r: RAY STEPHENSj MAYOR
ATTEST:
I
1 JENNIFER WALTER 9, MY SECRETARY
vP
APPROVED AS TO LEGAL FORM: ,
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
I
BY
L
PAGE TWO
1
1 ,
f ~3
r. DATE: FEBRUARY
r 6, 1990
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECTt Bid# 1049 - COLD DRINKS
I{ RECOMMENDATIONt We recommend this bid be awarded to the lowest
bidder, Dr. Pepper Bottling Company. Estimated total bid award
f $10,000.00.
SUMMARYt This bid is for the soft drinks and vending machines
in the various Parks and Recreation facilities. The bid
includes the products as well as the vending/dispensing
f equipment. City of Denton Staff service the machines and
collect the money.
BACKGROUNDS Tabulation Sheet
PROGRAMS, DEPARTMENT OR GROUPS AFFECTEDs Parks and Recreation
Department and Citizens of Denton.
i
FISCAL IMPACTt This project is a revenue generating activity e
and is paid from the funds generated through account
#261-031-0062-R001-8712.
I
Respec 11y $ubm ed:
Lloyd V. Harrell '
1
Prepared bys City Manager
S
4
Names Tom D. Shaw, C,P.M.
Titles Assistant Purchasing Agent I
Approved
L~\ 1
Name . Shaw CC P
Titles Assistant Purchasing Agent
025.DOC
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DATES FEBRUARY 6, 1990
CITY COUNCIL REPORT
T03 Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECTS BID# 1051 - TREE TRIMMING ELECTRIC LI14ES
i ~
RECOMMENDATIONS We recommend this bid be awarded to the lowest I
b or overall, Whitmire Line Clearing, not to exceed
$125,000.00,
SUMMARYs This bid is for the contract to furnish labor and !
equipment to trim trees around specified electric lines in the
City of Denton. This service is normally done between February
15, 1990, and April 1, 1990. Only the lines actually cleared }
will be invoiced and paid. Weather conditions, amount of trees
to be cleared, number of work crews, and open versus closed
easement all combine, to determine the portion of the
$125,000.00 set aside for this project that is actually used. I
a 1
General Telephone will be working with the City of Denton on
this project. They have agreed to split the cost for areas
requiring clearing of both electric and telephone lines. This a
cooperative approach lowers the expense for both organizations,
BACKGROUNDS Tabulation Sheet
E J1
PROGRAMS, DEPARTMENT OR GROUPS AFFECTEDs Electric Distribution 1
and General Telephone I
FISCAL IMPACTS Funds for,this project have been budgeted in the
1989-90 budget account number 610-980-0252-8338, Maintenance of
i
Overhead Distribution,
Respectfully submitted:
'q
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City M alter
Prepared by:
Names Tom D. Shaw, C.P.M, j
I Titles Assistant Purchasing Agent
APP ved
Names Tom D. Shaw, C.P.M.
Titles Assistant Purchasing Agent
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DATEt FEBRUARY 6, 1990
CITY COUNCIL REPORT
TOi Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
! SUBJECT: BID# 1053 - PADMOUNT TRANSFORMER 500 KVA
RECOMMENDATION: We recommend this bid be awarded to the low
5ldder, wesco, in the amount of $20,664.00,
I
SUMMARY: This bid is for three (3) 500 KVA Padmount j
Transformers, for use by the Electric Distribution Department, I
BACKGROUND: Tabulation Sheet, Memorandum S
,I
PROGRAMS DEPARTMENT OR GROUPS AFFECTED: Budgeted funds ,for
1 Electric Distribution
FISCAL IMPACT: Account #611-008-0252-9222 '
` Respectf y aubmitt d:
Lloyd Harrell
Prepared by: City Manager
t~-
E Name: Denise Manning
Title: Buyer G
1
Approved
1
Name: Tom D. Shaw, C,P,M.
I Titles Assistant Purchasing Agent
025,DOC
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MEMORANDUM
To: Denise Manning
From: Glenn Fisher
Date: January 16, 1990
Subject: Bid i 10531 500 KVA, 120/208 Volt Padmount Transformers
i
Based on the future cost, the Electric Engineering Department
recommends the acceptance of the low bid from Wesco of 1
$ 6,888.00 per unit for a total of $ 20,664.00.
I
cc: Bob Nelson, Ernie Tullos
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DATE: FEBRUARY 6, 1990
4
CITY COUNCIL REPORT
T0: Mayor and Members of the City Council
FROMi Lloyd V. Harrell, City Manager
SUBJECT: RFP #1054 - IBM EQUIPMENT MAINTENANCE SERVICE
RECOMMENDATION: We recommend this proposal be awarded to
international Business Machines (IBM), in the amount of
$4,592.86 per month, total bid $55,114.32, for Option #2,
Midrange Systems Agreement. The Data Processing Advisory Board
recommends approval.
t
SUMMARY: This proposal is for the on-site maintenance of all
IBM mainframe related equipment in the Data Processing Division
of the City of Denton.
IBM was the only bidder on this RFP. IBM offered three types of
maintenance options on this RFP. All three types of options are
for 24-hours a day, 7-days a week. The first option is the
standard IBM contract with 30-day notification for cancellation
at $5,653 per month. The second option is a 5-year MRSA option s"
at $4,592.86 per month. The third option is a 5-year CSA option
at $4,356.86 per month.
The second option requires that the City of Denton give either a
6-month notification if cancelling the maintenance contract or a
pay a one month penalty for cancelling the contract. This
option also guarantees that the maintenance casts will only
increase at ?1 per year over the current prices during the five
year time frame. (Currently averaging 5-108 per year)
The CSA option would require that the City have a central
E contract point, keep problem loge, keep software maintenance ,
logs, etc. These items are already being done by the Data
Procesaing Department. The same cancellation requirements for
the MRSA option would also apply to this option.
For all three of the options, the fiscal funding out option for !
( {
cancellation of the maintenance contract would still be in f
effect. Also, all three of the options allow replacement and i
upgrading of individual pieces of equipment with no penalties.
i
It is our intent to take advantage of the lower priced Option
j #3 if it is determined by IBM that the City of Denton qualifies.
a
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r•, RFP #1054 - IBM Equipment Maintenance Service
February 6, 1990
Page 2 of 2
BACKGROUNDS Tabulation Sheet and excerpt from Data Processing
Advisory Board minutes of January 9, 1990.
PROGRAMS, DEPARTMENT OR GROUPS AFFECTED: Information Services
Department, Data Processing Division
FISCAL IMPACT: 1989-90 Budget funds for Data Processing
Equipment Maintenance Account #100-036-0017-8341.
Respect ly submitteds
/W _
Lloyd . Harrell
City Manager
Prepared byyt }
Names Tom D. Shaw, C.P.M.
Titles Assistant Purchasing Agent
Approved
C Names Tom D. Shaw, C.P.M,
Titles Assistant Purchasing Agent
025,DOC
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Data Processing
Advisory Board Minutes
January 9, 1990
Page 3
Gary Collins stated that the office Equipment Center was a
small local firm that had limited parts inventory and had asked
what a number of items that were specified in the proposals
were and had stopped at his office to view them. Gary Collins
stated that since 19 of the PCs listed in the proposal had
these items, he was concerned about parts availability from
this vender. Jim Kuykendall discussed some negative
experiences his wife had with this vendor in having a PC
repaired.
Ron McDade questioned whether the City should place PCs under
contract. Ernie Tullos and Dave Hamm discussed some of the
critical roles PCs play in their departments' operations and
the need for fast on-site response time. Jim Kuykendall
indicated that his firm had a staff member dedicated to PCs,
and this person performs most maintenance as one part of the
job function, Gary Collins stated he had requested a similar ~
position in the last budget process, but the package was not i
approved. Jim Kuykendall made a motion that the Board ?
recommend the proposal be awarded to IBM. The motion failed
due to a lack of a second. 1
Dale Maddry asked if the staff knew what the repair charges
would have been last year if the PCs had not been under I
maintenance. Gary Collins explained that since each department
was responsible for its own maintenance, he did not have that
information. Gary Collins stated he was aware of approximately
$2,000 worth of invoices on PCs that did not have maintenance
contracts. Dale Maddry suggested that the staff gather the
information on what costs the City would have incurred on a
time and materials basis and bring this item back to the Board
along with the vendors' responses to an RFP.
Gary Collins explained that we had sent out an RFP for j
maintenance on the IBM mainframe and received only one response j
from IBM. Gary Collins stated that IBM had offered three '
different options: the standard maintenance at $5,635 par
month, a five-year mid-range systems amendment (MRSA) at
1 $4,599.86 per month, and a corporate service amendment (CSA) at
$4,356.86 per month. ~
nary Collins explained that two lower options required either a
six month notification or one month penalty fee if the City
wished to cancel its contract versus 30-day notification with
the standard contract. Also Gary Collins stated that both of
the lower cost options guaranteed only a three percent (3x)
increase in maintenance costs per year for the next five years
over the current prices. Gary Collins stated typically IBM's
maintenance costs have increased five percent (5x) to ten 4
percent (10x) a year with most years being seven percent (7x) {
i
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33 ~ A
5 ~
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Data Processing
Advisory Board Minutes
January 9, 1990
Page 4
to eight percent (0%). Gary Collins stated that in order to
take advantage of the lowest option, IBM would have to qualify
the City's computer operations procedures. Jim Kuykendall
stated that his firm took advantage of this option, and IBM had
conducted an intensive audit of their data processing
operations. Ron McDade asked if the IBM audit was
unreasonable. Jim Kuykendall stated he felt the 'audit was
appropriate. Ron McDade stated the City would be getting a
free audit by exercising this option. Gary Collins stated that
the fiscal funding out options and upgrade or replacement of
individual pieces of equipment were available under all three
options. Jim Kuykendall made a motion that the Board recommend
the City exercise Option 2 and then exercise Option 3 once IBM
determined the City qualified. Dale Maddry seconded the motion
and it passed unanimously, f
Gary Collins explained Item 5 was a continuation of the leasing
of proprietary system software from IBM that enabled the IBM
mainframe to function. Jim Kuykendall and Dale Maddry seconded
a motion that the Board recommend approval of this purchase
order. The motion passed unanimously.
Gary Collins explained that the next item was continuing
leasing the proprietary software from Computer Associates for a
tape management system, job accounting and file sorting
system. Jim Kuykendall made a motion that the Board recommend
approval and Dale Maddry seconded the motion. The motion
passed unanimously.
-There being no further business, the meeting was adjourned.
4
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DATEI FEBRUARY 6, 1990
II CITY COUNCIL REPORT
TOI Mayor and Members of the City Council
FROMI Lloyd V. Harrell, City Manager
SUBJECTI BID# 1059 - POLICE SEDANS
RECOMMENDATIONI We recommend this bid be awarded to the lowest
bi der for each category. ;
Item 1 - Police Patrol Sedans - Klement Ford - $120468.02 ea.
Total 5324,424.36 (18) I
Item 2 - Police CID Sedans - Klement Ford - $11,851.94 ea, j
Total 51540075.22 (13)
Item 3 - Mini-Van - Klement Dodge- $12,077,00 ea,
Total $ 12,077,00 ( 1)
TOTAL BID AWARD $390,576.58 (32)
f
SUMMARYI This bid is for the purchase of automobiles for the E
Police Department, Twelve (12) of the eighteen (18) patrol
sedans are normal replacement units five (5) units are fleet
additions for the COPS program, and tone is a replacement for a
unit damaged in an accident last summer.
E
tho ight of the thirteen standard sedans are normal replacement for
investigation
y
fleet additions for the Narcotics Section of the City of Denton, i
The one Mini-Van is a normal replacement for City of Denton and
is replacing a 4-door sedan currently in use.
Karl Klement Ford and Karl Klement Dodge are both located in
Decatur, Texas. We do not feel this will create a problem. A
major portion of the service work is performed in our own
Vehicle Maintenance Center and parts are available in several
locations in Denton and surrounding areas, We havb no reason to
think that warranty service would not be available from local
dealers.
BACKOROUNDI Tabulation Sheet
PROGRAMS, DEPARTMENT OR GROUPS AFFECTEDs Police Department and
Vehicle Operat ona
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# i
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Bid #1059 - Police Sedans
February 6, 1990
Page 2 of 2
i
IMPACT: Funds for these vehicles will come from a
combinaa n of motor Pool funds, 1999-90 budget funds, and funds
from the Certificates of Obligation approved at an earlier date
for funding of fleet vehicles.
J
}
Re
ec llly/submittedt
y
s4L1.-sarrell
City Manager j
Prepared by:
Names Tom Shaw, C.P.M.
Titles Assistant Purchasing Agent
Approved Q
Names Tom D. Shaw, C.P.M.
Titles Assistant Purchasing Agent
025.DOC
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NO.
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES
OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE
IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH
PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN
EFFECTIVE DATE.
iiltEREAS, Section 252.022 of the Local Government Code provides
that procurement of items that are only available from one source,
including: items that are only available from one source because
of patents, copyrights, secret processes or natural monopolies;
films, manuscripts or books; electricity, gas, water and other
utility purchases; captive replacement parts or components for
equipment; and library materials for a public library that are
available only from the persons holding exclusive distribution
rights to the materials; need not be submitted to competitive
bids; and
WHEREAS, the City Council wishes to procure one or more of the
items mentioned in the above paragraph; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the following purchases of materials, equip- I
ment or supplies, as described in the "Purchase Orders" attached
hereto, are hereby approved:
PURCHASE
ORDER NUdBER VENDOR AMOUNT
94870 80TOROLA I3.2A5.46
94871 MQ'{'nRQTjA 115-- ~J
1
SECTION It. That the acceptance and approval of the above
items shall not constitute a contract between the City and the
3 person submitting the quotation for such items until such person
shall comply with all requirements specified by the Purchasing
E Department.
f
SECTION III. That the City Manager is hereby authorized to 1
execute any-' contracts relating to the items specified in Section I
and the expenditure of funds pursuant to said contracts is hereby
authorized.
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SECTION IV. That this ordinance shall become effective
imme a e uupon its passage and approval. j
PASSED AND APPROVED this the day of , 1940. 1
RAY STEPHENS, MAYOR
ATTEST:
3M -METARY
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
I
1
BY:
j
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Poe,
DATE: FEBRUARY b, 1990
CITY COUNCIL REPORT
T0: Mayor and Members of the City Council
FROM: Lloyd V, Harrell, City Manager
l
SUBJECT: PURCHASE ORDER #54870 - MOTOROLA COMMUNICATIONS
RECOMMENDATION: Wo recommend Purchase Order #94870 to Motorola
in the amount of $13,235.40, be approved.
SUMMARY: This Purchase Order is for the purchase of five (5)
hand held radios and chargers. The units are for the five (5)
new officers approved for the COPS Program during the budget
process. Radios compatible with our 800 MH System are only
available from Motorola.
BACKGROUND: Purchase order #94870
j
PROGRAMS, DEPARTMENT OR GROUPS AFbECTEDt Police Department f
t
FISCAL IMPACTt 1989-90 Budget Funds, Account
#100-070-0043-9110.
it
Respectfully submitted:
Lloyd V, Harrell
City Manager
Prepared byt
Names Tom D, S aw, C, P, M.
Titles Assistant Purchasing Agent
Approved
~ f
Nrmst Tom D. Shaw, C, P.
M,
Tltiet Assistant Purchasing Agent
025.DOC
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► DATES FEBRUARY 6, 1990
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT, PURCHASE ORDER #94871 - MOTOROLA COMMUNICATIONS
RECOMMENDATION, We recommend Purchase Order #94871 to Motorola, +
in the amount of $20,103.25, be approved, II
SUMMARY: This Purchase Order is for the purchase of five (5)
mobile radios. The units are for the five (5) new officers
approved for the COPS Program during the budget process. Radios
compa'ible witis our 800 MR System are only available from
Motorola.
BACKGROUND: Purchase Orde; $94871
PROGRAMS, DEPARTMENT OR GROUPS AFFECTEDs Police Department
{
FISCAL IMPACT: These radios will be funded as a portion of the
vehicle acquisition and paid from Certificate of Obligation 1
funds previously approved for that purpose.
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Respectfully submitted: j {
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Lloyd V. Harrell ,
City Manager
Prepared by:
Name: Tom D. Shaw, C.P.M.
Title: Assistant Purchasing Agent
1
Approved
Names - Tom D. Shaw, C.P.M.
Titles Assistant Purchasing Agent
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February 6, 1990
CITY COUNCIL AGENDA ITEM
TO; MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Lloyd V. Harrell, City Manager
RE: CONSIDER INTERCHANGE AGREEMENT WITH BRAZOS
ELECTRIC POWER COOPERATIVE INC., FOR LEWISVILLE
HYDROELECTRIC PROJECT.
RECOMMENDATION:
The Public Utilities Board, at their meeting of November
21, 1989, recommended acceptance of the Interchange
Agreement with Brazos Electric for construction of the
interconnection and parallel operation of the two systems
at Brazos Electric Substation in Lewisville, Texas. The
estimated cost to Brazos Electric for providing and i
installing equipment and facilities is $108,500.
SUMMARY/BACKGROUND:
The Lewisville hydro
project construction is expected to
start in February of 1990 and be ready for commercial J
operation by November 1990. The City needs to enter into
this agreement with Brazos Electric to transmit the hydro
power generation into Brazos transmission grid.
According to this agreement, Brazos will take delivery of
the Lewisville hydro power at the Denton County
' Cooperative's Substation near Lewisville Dam outlet, and
deliver an equivalent amount of energy to the City of
Denton, Denton North Interchange.
The City and Brazos agree on the con
interconnection for . of a tie ;
parallel operation of of the two systems ~
at Brazos Electric Lewisville Substation. (See Point A q
in Exhibit A).
The City shall pay Brazos an estimated one time cost of
$108,500 for providing, constructing, and installing the
necessary equipment for the parallel operation to insure
reliability and protection procedures as per ERCOT
guidelines. There is no wheeling charge associated with
this power. The term of the contract is 15 years and
automatically renewable thereafter with a two year
cancellation notice.period.
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Brazos Agreement
City Council Feb. 6, 1990
Page 2
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The breakdown costs are listed below:
Breaker & Bay 25 kv $24,000
138 kv Pot Transformer w/stands 30,300
25 kv Revenue Metering & CT's 14,600
Relaying and Controls 5,400
Conduit and Cables 3,000
Communications 5,000
Miscellaneous Hardware 4,500
Sub-Total $86,800
25% Engineering & Overhead (Est) 21,700
Total Cost $108,500
The City shall install at its expense in the hydro plant
j the necessary equipment to meet ERGOT requirements, and
all of the communication facilities for supervisory
control.
PROGRAMS, DEPARTMENTS, OR GROUPS AFFECTED:
Electric costs for water and sewer rate payers; Electric
i Utility Department for maintenance and operation.
,F FISCAL IMPACT:
The project is in the Capital Improvement Plan in the
amount of $3,953,000. The hydro unit will generate
approximately 12,000,000 kwh annually.
RespectroUlly submitted,
Lloyd V. Harrell, C y Manager
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Brazos Agreement
City Council Feb. 6, 1990
r.e* Page 3
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Prepared by:
I
Joe Cherri, P.E., 3
Electrical Engineer
Approved b
11
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Executive Directo Utilities
Exhibit I: Ordinance
II: City and Brazos Agreement
III: Exhibit A one line diagram
IV: PUB Minutes November 21, 1989
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ORDINANCE t
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NO.
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE
CITY OF DENTON AND BRAZOS ELECTRIC POWER COOPERATIVE, INC. TO
PROVIDE FOR THE INTERCHANGE OF ELECTRICITY PRODUCED AT THE
LEWISVILLE HYDROELECTRIC PROJECT; PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE.
i
WHEREAS, the City of Denton and Brazos Electric Power
Cooperative, Inc. desire to enter into an interchange agreement
providing for the construction of the interconnection and parallel
I' operation of the two systems at Brazos Electric Substation; NOW,
THEREFORE,
i THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Council hereby approves and
authorizes the Mayor and City Secretary to execute and attest
respectively, the agreement between the City of Denton and Brazos
Electric Power Cooperative, Inc., under the terms and conditions
contained in the agreement attached hereto.
SECTION II. That the City Council authorizes the expenditure
of funds in the manner and amount as specified in the agreement.
SECTION III. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this day of , 19`.
' RAY STEPHENS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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BY: F). r~rA
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APPRO AS TO LEGAL FORM:
DEBRA DRAYOVITCH, CITY ATTORNEY
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POWER INTERCHANGE AGREEMENT BETWEEN
THE CITY OF DENTON AND
BRAZOS ELECTRIC POWER COOPERATIVE, INC.
I This Agreement is between the CITY OF DENTON ("City'% and
BRAZOS ELECTRIC POWER COOPERATIVE, INC. ("Brazos Electric"):
WITNESSETH:
p^
WHEREAS, City is constructing, and thereafter will own and
' maintain a hydroelectric project ("Hydro Plant") at the Lake
t Lewisville Dam in Lewisville, Texas, to provide electrical power
and energy for City's utility system; and
WHEREAS, Brazos Electric has electrical facilities to transport
the power and energy generated from the Hydro Plant to City's
utility system; and
WHEREAS, City and Brazos Electric wish to enter into an
agreement to provide for the direct interchange of power and energy
by interconnected electrical systems=
NOW, THEREFORE, in consideration of the mutual covenants and
conditions of each, the parties agree as follows:
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f ARTICLE I.
i
I INTERCONNECTION FACILITIES
A. Interconnection Point The interconnection point between E
4 the utility systems of City and Brazos Electric shall be at Point
of Intersection A at Brazos Electric's Lewisville Substation, as
shown in EXHIBIT A, attached hereto and incorporated herein by
` reference.
I B. Facilities Provided by City In order to provide for the
f 1 interchange of power, City shall provide, construct, install, and
1 thereafter own and maintain, at its own expense, the following ;
' equipment at the Hydro Plant:
1. A dual-ported Remote Terminal Unit (RTU), one port for
Brazos Electric's use and directly accessible by its
CDC EMS System in Waco, Texas.
j 2. Communication paths between the Hydro Plant and the
j ! microwave station at City's Spencer Steam Plant for
both ports on the RTU.
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I 3. A solid-state underfrequency relay that will open and
I lockout the generator breaker before the first level of
load shedding operates, in accordance with Electric
Reliability Council of Texas (ERCOT) guidelines.
4. Revenue interchange metering on the 25 kv distribution
line breaker. The metering shall consist of a JEMI In
and Out KWH meter with compensation to the Brazos
' Electric's 25 kv interchange point A. as shown in I
Exhibit A. The compensated KW and KWH In and out pulse
from the JEM1 shall be fed into the RTU.
5. Sychro-verifying relays on any breaker at the Hydro
Plant that will be used to parallel the two parties'
systems.
I
C. Facilities Provided by Brazos Electric. In order to
provide for the interchange of power, Brazos Electric shall
provide, construct, install, and thereafter own and maintain, at
City's expense, the following equipment at its Lewisville
Substation:
1. The necessary channel equipment between City's Spencer
Plant Microwave and Waco for Brazos Electric's port on
the RTU at the Hydro Plant.
E 2. An underfrequency relay to operate the 25 kv breaker,
the relay to be comparable to that located at the Hydro
Plant.
3. A 25 kv breaker, with associated buswork, switches, and
structures.
4. Two sets of directional overcurrent relays.
1
5. Metering accuracy 25 kv current transformers.
6. synchro-verifying relays.
7. Revenue metering between Brazos Electric's and Denton
County Electric Cooperative's interconnection at the
Lewisville Substation. This will consist of two sets
i of IN and Out KWH and QH meters. One set shall be on
the low side of the main transformer and the other set
shall be in the 25 kv bay. Pulses from all four KWH
meters shall be fed into a four channel load profile
recorder. The IN and out channels shall be totalized
and then the difference shall be computed to give the
net to Denton County Electric Cooperative. The same
shall be done on a separate four channel recorder for
the QH meters.
Page 2 !
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8. Three 138 kv instrument potential transformers and the
necessary ground detection relaying system.
9. if determined necessary by the parties, communication
facilities necessary for supervisory control at the
Lewisville Substation.
C. Schedule of Construction It is understood by the parcies
that City's Hydro Plant is expected to be ready for commercial
operation by November 30, 1990. Brazos shall. make all reasonable
efforts to complete installation of the equipment specified by this
Agreement so as to be operational by September 1, 1990.
D. Payment of Cost. The estimated cost to Brazos to provide
and install the equipment and facilities provided for in this
Agreement is estimated to be approximately One Hundred Eight
Thousand and Five Hundred Dollars ($108,500.00), as shown in
EXHIBIT B, attached hereto and incorporated herein by reference.
Brazos shall keep and maintain records of all payments made for
materials to be furnished and labor performed under this Agreement,
which records shall be furnished or made available to City for
inspection upon completion of the work. Upon completion of the
installation of the equipment and facilities, Brazos shall bill
City and city shall pay the actual cost of the materials provided
and the engineering, labor, and overhead costs associated with the
s work; provided, however, in no case shall Brazos bill City or shall i
City be liable to Brazos for more than one Hundred Twenty-nine
Thousand, Three Hundred Fifty Dollars and No Cents ($129,350400)1
for the initial equipment supplied and work performed, regardless
of the actual cost.
ARTICLE II
i
OPERATIONS, METERING, AND MAINTENANCE !
A. General Operations. For all energy delivered by city to
I Brazos at the Lewisville Substation from the Hydro Plant, Brazos
will deliver an equivalent amount of measured energy to City at its
Denton North Interchange. Under normal operating conditions the
point of interchange shall remain closed and the normal voltage
E level shall be 25 kv. No changes will be made in the normal
operations of the point of interchange without the mutual agreement
of both parties. City will remotely control the hydro generator
excitation system. Any changes in excitation will normally be done
manually on the generator in blocks. The Lewisville Substation
regulator will be on automatic control under normal operating
Page 3 '
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conditions unless the parties agree otherwise. The 25 kv bay at
the Lewisville Substation will not be connected to the transfer bus
nor will it have a bypass switch. The tie breaker at the
Lewisville Substation and all breakers at the Hydro Plant will not
have automatic reclosures unless first agreed to in writing by both
parties.
~ B. Jil
respective facilities as nearly asT The may be Parties will operate their
to provide continuous, synchronous and practicable in n manner
. Each
party shall promptly repair and thereafterrmaintainealliequipment
and facilities installed on its property under this Agreement.
Maintenance which will, cause a deviation from normal
energy flow shall be scheduled at a mutually agreeablp an
ee timed
Neither party assumes any responsibility for the equipment of the
other party, except that all costs of repair or replacement of the
equipment furnished by and maintained by Brazos under this
Agreement shall be paid by City.
C. Met ring. The revenue metering equipment will be at Brazos
E
Plant distribution line lectric's Lewisville Substation 25 kv bus and at City's Hydro
interch nge at the Lewisville breaker Substation. All metering equipment
installed under this Agreement shall be maintained by their
f respective owners. Each party shall make periodic tests and
inspections of its meters, at its own expense, at least once every
year. Each party will make additional tests of its meters at the
that the expense of the reng
party. E ch party shall advise and
e tier party when the testsswill
be made so that the other may be present. The meter testing values
E should not exhibit error greater than the values specified in
Appendix a of the ERGOT Guide For Uniform Practices on Metering. {
Any metering equipment found to be defective or inaccurate shall be
promptly repaired, adjusted or re
S owner. placed, as necessary, by the j
f
l D. Force Mai ire. Each party shall exercise due diligence and
r E reasonable care and foresight to maintain continuity of service in t
the delivery and receipt of energy, but neither party shall be
y considered to be in default or be liable to the other for any
penalty or for any damage for failing to receive or deliver energy
by reason of uncontrollable forces. The term uncontrollable forces
Z shall mean earthquake, storm, lightning, flood, fire, accident,
failure of facilities, war., restraint by court or public authority
or other similar causes beyond the control of the party affected,
C ! which causes the party could not have avoided by exercise of due
diligence and reasonable care.
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ARTICLE III.
EFFECTIVE DATE AND TERM
This Agreement shall become effective on the day of
, 1990, and shall continue in force for period
of fifteen (15) years and shall continue thereafter unless and
until terminated by mutual agreement or by written notice given by
either party to the other at least two (2) years in advance of the
proposed date of termination, provided that any obligations
incurred which may extend beyond the termination date will be
honored.
ARTICLE IV.
MISCELLANEOUS PROVISIONS
A. Liability. Each party will indemnify and hold harmless the
other from and against any and all loss, cost, damage or expense, j
including attorney fees, for, or by reason of, any claim for injury
to its own employees at any location and to persons or property
occasioned by the electric power or equipment owned or operated by
it, however caused.
I ~
B. Other Contracts. Each of the parties now have in force i
contracts to purchase, transmit and interchange power and energy
with each other and other parties. This Agreement shall in no way
invalidate or modify any provision of those contracts.
C. Regina o Authority. The terms and conditions of this
Agreement are subject to any applicable federal or state 1!:ws and
the applicable rules and regulations of any agency or authority
having jurisdiction of the subject matter of this Agreement.
I Should any provision of this Agreement be in violation of any such
law, rule, or regulation, it shall be considered modified to the
extent necessary to comply w
with the taw
I Y , rule, or regulation.
D. Assignment. Neither party shall assign this Agreement to
any other party without the prior written consent of the other
party.
0 E. Default. In the event that either party fails to comply
t with any terms or conditions of this Agreement, the other party
I shall give the party failing to comply notice of said breach and
requosL the defaulting party to cure or correct the same. Should
the party given notice fail to correct said breach within ninety
(90) days following receipt of said notice, the other party shall
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have available all remedies of law, other than termination, to
enforce compliance with this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed in duplicate by their duly authorized
officers, and their respective corporate seals to be affixed hereto
and attested by their respective secretaries, on this day of
1990.
i
BRAZOS ELECTRIC COOPERATIVE, INC.
i
BY:
Richard McCaskill, Execut ve
Vice-President and General
Manager
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ATTEST:
j Secretary
CITY OF DENTON
1
BY:
a; Lloyd V. Harrell, C ty Manager
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
1
BYt
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY, cunt cts\brazos2
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EXHIBIT B
DESCRIPTION ESTIMATED COST
Breaker & Bay 25 kv $24,000.
138 kv Pot Transformer with Stands $300300.
25 kv Revenue Metering & CT's $141600.
Relaying & Controls $ 50400.
i
Conduit & Cables $ 3,000.
Communications $ 50000.
Miscellaneous Hardware $ 4,500.
1] Labor & Material Sub-total 86,800. i
25% Engineering Q Overhead (Approximate) $210700.
Total cost $1088500-
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14. CONSIDER MEMORANDUM OF AGREEMENT WITH THE CORPS OF
ENGINEERS (COE) FOR ESTABLISHING OPERATION PROCEDURES FOR
LEWISVILLE HYDROELECTRIC PROJECT FERC NUMBER 3940.
Frady trade a motion to include this item for
consideration with item 413. Second by Chew. All ayes,
no nays. Motion carried.
15. CONSIDER INTERCHANGE A3REEMENT WITH BRAZOS_ELECTRIC POWER
COOPERATIVE INC., FOR LEWISVILLE HYDROELECTRIC PROJECT.
Tullos reviewed this item and indicated the cost of the
agreement is $108,000 (estimated). Nelson credited Joe
Cherri, Electrical Engineer, and Ernie Tullos with
working on this and getting the initial $400,000 cost
down to $108,000. Chew made a motion to approve subject
agreement. Second by Frady, all ayes, no nays, motion
carried.
16. CONSIDER CHANGE ORDER 4 1 TO LANDMARK COMPANY FOR THE
MUNICIP AL L'BORATORY EYPANSI6N PROJFCT IN ri'HE AMOUNT OF
1-1-,_617.29.
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David Ham reviewed this item with the Board advising of
the changes that were required to be made and requesting
approval of the change order after the fact.
Chew made a motion to approve Change order 41 to hRndmark
Company in the amount of $1,617.29. Second by Frady.
All ayes, no nays. Motion carried.
17. REVIEW UPDATE OF WORK ORDERS FROM THE ELECTRIC, WATER AND
WASTEWATFR DEPARTMENTS:
Only the Water/Wastewater Reports were included in the
agenda packet since the Electric Workorder report is 1
I undergoing reforwatting. No Board action required.
' At this point, Mark Chew left the meeting. f
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18. RECEIVE UPDATE ON PRODUCTIVITY MEASURES:
Ivor Weiner made the initial "Information Sharing
Presentation", marking the beginning of the productivity
project for the Department of Utilities. The Board
expressed their appreciation and support of this program
and thanked Mr. Ivor for an excellent and informative
report.
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2890L
F
RESOLUTION NO.
A RESOLUTION SUSPENDING THE PROPOSED EFFECTIVE DATE OF THE PROPOSED
RATE SCHEDULES AND SERVICE REGULATIONS OF TEXAS UTILITIES ELECTRIC
COMPANY; PROVIDING THAT THE RATE SCHEDULES AND SERVICE REGULATIONS
OF SAID COMPANY SHALL REMAIN UNCHANGED DURING THE PERIOD OF SUS-
PENSION; DECLARING THE PRESENT INTENT OF THE GOVERNING BODY OF THIS
MUNICIPALITY WITH RESPECT TO SAID PROPOSED RATE SCHEDULES AND SER-
VICE REGULATIONS; PROVIDING FOR NOTICE HEREOF TO SAID COMPANY;
FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION
FOR S PASSED IS VE DATE, THE PUBLIC AS REQUIRED BY LAW; AND PROVIDING
I
WHEREAS, Texas Utilities Electric Company heretofore, on
January 16, 1990, filed with the Governing Body of this munici-
pality its Petition and Statement of Intent, together with its
rateifiling package, proposing to change its rate schedules and
servce regulations within the corporste limits of this munici-
pality, effective on February 200 1940; and
WHEREAS,- Texas Utilities Electric Company simultaneously, on
January 16, 1990, file, a virtually identical Petition and State- }
ment of Intent with the Public Utility Commission of Texas and it
is the present intent of the Governing Body of this municipality
to accept the rate schedules and service regulations of Texas
Utilities Electric Company approved and set by the Public ULility
' Commission of Texas pursuant to said Petition and Statement of
Intent to be effective from and after the date that the Public
Utility Commission of Texas orders said new rate schedules and
t service regulations effective for Texas Utilities Electric
Company; and,
WHEREAS, It is the desire of the Governing Body of this
t municipality to suspend, pursuant to Section 43(d) of the Public
` F Utility Regulatory Act, the proposed effective data of said pro-
posed changed rate schedules and service regulations for a ?n' riod
of 90 days from February 20, 1990, such suspensions being the
E public interest; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS:
i SECTION 1. In order to allow the City sufficient time to
analyze and prepare for hearing and decision on any requested rate,
the effective date of the proposed rate schedules and service reg-
ulations of Texas Utilities Electric Company is hereby suspended
for a period of 90 days from February 20, 1990, or until midnight,
May 21, 1990.
` SECTION II. That the rate schedules and service regulations
a of Texas t ties Electric Company within this municipality in
effect on January 16, 1990, shall continue in force during the
i period of suspension as provided in Section I hereof.
I
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SECTION III. That it is the
,r present intent of the Governing
Body o t a municipality to accept the same rate schedules and
service regulations of Texas Utilities Electric Company approved
and set by the Public Utility Commission of T•:xas pursuant to the
Petition and Statement of Intent filed by Texas Utilities Electric
Company with the Public Utility Commission of Texas on January
16 1990, to be effective from and after the date that the Public
i` Utility Commission of Texas orders said new rate schedules and
service regulations effective for Texas Utilities Electric
Company,
t-
SECTION IV. That the City Secretary is hereby directed to
deliver a copy of this Resolution to Texas Utilities Electric
" Company promptly after the passage hereof.
. SECTION V. It is hereby officially found and determined that
t the meet nag at which this Resolution is passed is open to the
r public and that public notice of the time, place and purpose of
said meeting was given, all as required by law.
SECTION VI. That this resolution shall become effective
imme a- eTupon its passage and approval.
d
k` PASSED AND APPROVED at a Regular Meeting of the City Council
M of the City of Denton, Texas, this day of ,
1990.
f
RAY 9TEPHENS,
i
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCB, CITY ATTORNEY
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BY:
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