HomeMy WebLinkAbout03-12-1990
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AGENDA
CITY OF DENTON CITY COUNCIL
March 12, 1990
Work Session of the City of Denton City Council on Monday,
March 12, 1990, at 5:15 p.m, in the Civil Defense [loom of City
Hall, 215 E. McKinney. Denton, Texas at which the following
items will be considered:
5:15 p.m. J
1. Executive Session: I1
A. Legal Matters Under Sec. 2(e), Art. 6252-17
V.A.T.S.
1. Consider action in JA Res Flow.
2. Consider settlement of Verhotz vs. City,
Gladden vs. City, et al, Patel vs. City, and
consider claim of the estate of Larry
Champion.
B. Real Estate Under Sec. 2(f), Art. 6252-17
V.A.T.S.
C. Personnel/Board Appointment!; Under bee. 2(g),
Art 6252-17 V.A.T.S. F i
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1. Consider appointments to the Airport
Advisory Board, Building Code Board, Cable
i T.V. Advisory Board, Citizens Traffic Safety
Support Commission and Electrical Code Board.
2. Hold a discussion regarding changes to contracts with j
the hotel occupancy tax recipients.
3. Receive a report from Freese S Nichols on the
wastewater treatment plant master plan.
Regular Meeting of the City of Denton City Council on Monday,
! March 120 1990, at 7:00 p.m. in the Council Chambers of City
~f Hall, 215 E. McKinney, Denton, Texas at which the following ?
items will be considered:
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7:00 P.M.
1. Consider approval of the minutes of the regular
session of February 6 and 20, 1990. 3
2. Receive a citizens roport from Buddy Cole, Wayne l
Dockery and Ray McFarlane regarding the booster ppump
station and water storage complex on Hartlee Fleld
Road.
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rk-10 City of Denton City Council Agonda
Match 12, 1990
Page 2
Public Hearings
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A. Hold a public hearing and consider adoption of an
ordinance amending Article 4.15 of chapter IV,
Article III, Appendix A to provide for amended
drainage requirements and amending Section 10 1/2
17 relating to finished floor elevations.
4. Consent Agenda
Each of these items is recommended by the Staff and
approval thereof will be strictly on the basis of the Staff
recommendations. Approval of the Consent nda authorizes the
city manager or his designee to impl gent each item in
accordance with the Staff recommendations.
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Listed below are bids and purchase orders to be
approved for payment under the ordinance section of the
agenda. Detailed back-up information is attached to the
ordinances (Agenda items S.A, 5,B). This listing is proO ded
on the Consent Agenda to allow Council Members to discuss any y
item prior to approval of the ordinance. E
A. Bids and Purchase orders:
1. Bid #1060 - Paging System ~i
2- Bid #1062 - 02 Diesel Fuel 1
3. Bid #1064 - Diesel Replacement Parts
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4. Bid #1071 - SCSA Equipment
5. Did #1066 - Insulation h
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6. Sid #1069 - Hickory/Oak Paving and Drainage
7. P.O. #95603 - Physio control
Dr Tax Refunds
1. Consider approval of a tax refund for Gone
a. Mortis.
2. Consider approval of a tax refund for
Sunbelt Savings for $6,716.74,
3. Consider approval of a tax refund for
Sunbelt savings for $22,737,94.
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City of Denton City Council Agenda J
March 12, 1990 11
Page 3
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5, ordinances
A. Consider adoption of an ordinance accepting
competitive bids and providing for the award of
contracts for the purchase of materials,
r equipment, supplies or services. (4.A.1. - Bid
#1060, 4.A.2. - Bid #1062, 4.A.3. - Bid 010640
I 4.A.4. - Bid 01071)
B. Consider adoption of an ordinance accepting
competitive bids and providing for the award of
contracts for public works or improvements.
(4.A.5. - Bid 01066, 4.A.6. - Bid #1069)
C. Consider adoption of 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, (4.A.7. - P.O.
#95603)
D. Consider adoption of an ordinance accepting
competitive bide and providing for the award of
contracts for the purchase of materials,
equipment, supplies or services. (Bid #1070 - I
Rear Loading Refuse Trucks)
B. Consider adoption of an ordinance authorizing the
Mayor to execute an agreement between the City of
Denton and the Greater Denton Arts Council for
the payment and use of hotel tax revenue for the
renovation of the old City steam plant.
F. Consider adoption of an ordinance authorizing the
Mayor to execute an agreement between the City of f
Denton and the Greater Denton Arts Council for
the payment and use of hotel tax revenue for the E
acts.
0. Consider adoption of an ordinance awarding a
contract for the purchase of spot gas from
Bnserch Gas Company.
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a City of Denton City Council Agenda
y March 12, 1990
Page 4
H. Consider adoption of an ordinance calling and
ordering an election to be hold in the City of
Denton, Texas, on May 5, 1990, for the purpose of
electing councilmembers to the City Council of
the City of Denton, Texas to Places 5 and 6 and
electing a mayor to Place 7; ordering that the
punch card electronic voting system adopted by
"r^ Denton County be used in said elections
designating voting places and appointing election
officials; providing for election supplies; and
providing for notice of said election.
1. Consider adoption of an ordinance rstaininsi the
lawfirm of Henderson Bryant & Wolfe to represent
the City of Denton in claims and litigation
pending against the City.
6. Resolutions
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A. Consider approval of a resolution of the City of
Denton, Texas, authorizing the submission of an
application to the 'texas Criminal Justice
Division requesting funding for a special law
enforcement unit to investigate child abuse f
violations.
B. Consider approval of a resolution of the Council
of the City of Denton, Texas authorizing the
submission of an application to the Texas
Criminal Justice Division requesting continued
funding for a drug abuse resistance education
officer.
G C. Consider approval of a resolution of the City of
Denton, Texas, authorizing the submission of An
application to the Texas Criminal Justice
1 Division requesting funding for a special law
enforcement unit to investigate and combat the
distribution of controlled substances.
7. Miscellaneous matters from the City Manager.
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8, Official Action on Exccutive Session Items:
A. Legal Matters
B. Real Estate
C. Personnel
D. Board Appointments
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City of Denton City Council Agenda
March 12, 1990
Page 5
9, Now Business;
This item provides a section for Council Members to
suggest items for future agendas.
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10. Executive Session:
A. Legal Matters Under Sec. 2(e), Art. 6252-17
V.A.T.S. i
B. Real Estate Under Sec. 2(f), Art. 6252-17
V.A.T.S.
C. Personnel/Board Appointments Under Sec. 2(g),
Art 6252-17 V.A.T.S.
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I C E R T I F I C A T E
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I certify that the above notice of meeting was posted on the
bulletin board at the City Hall of the City of Denton. Texas, i
on the day of 1990 at _ o'clock
(a.m.) (p.m.)
CITY SECRETARY
NOTE: THE CITY COUNCIL RESERVES THIS RIGHT TO ADJOURN INTO
EXECUTIVE SESSION AT ANY TIME REGARDING ANY ITEM FOR WHICH IT
18 LEGALLY PERMISSIBLE.
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CITY COUNCIL REPORT FORMAT
TO: Mayor tnd Members of the City Council
FROM: Lloy1 V. Harrell, City Manager
SUBJECT: Consider approval of an ordinance amending
Article 4.13 of Chapter Us Article III,
Appendix A to provide for ameaded drainage
requirements and amending Section 10 1/2 - 17 ;
relating to finished floor elevations
RECOMMENDATIONS
Approve ordinance based on recommendation of the Planning and
Zoning Commission, Drainage Committee, and Chamber o:' Commerce
Governmental Affairs Committee
SUMMARY: j
Existing ordinance is not descriptive enough to cover issues
lot grading, and design
like channels protecting so maintenance reenbelts, is detention, minimized
of
BACKGROUND:
1 Process begin summer & NicholsB7 Rwith eviewrprocessohisfbeenlactivey
ordinance bby
for 30 months
PROGIAMS. DEPARTMENTS. OR GROUPS AFFECTED
Developpment Process, Capitol Improvement Program, Public works, ;
and Utility Department
FISCAL IMPACT: ~
Cost savings and cost increases pos:osts1&tural ible daaependinQ on scenario,
realizelsayings In infra structure nifr pchannell
approach is used.
077SE
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MY of WNTON, rAMS 216 E. MoKlNNEY/ DENTON, TEXAS 1E201 / TELEPHONE {8117 9"M
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MEMORANDUM
DATES February 6, 1990
TOi Rick Svehla, Deputy City Manager
FROM: Jerry Clark, City Engineer
SUBJECT: Drainage Regulations 3
The specifics of the ordinance are covered in the memo to
Planning and Zoning. I will briefly outline the review process
and committees (people) who have been involved to date.
1. December 1986 `
rp"edevelopment - Request for input at developers meeting
at lst State Bank
2. June,_ Se to ber 1987
Freese a ols develops preliminary regulations with
staff input I
31 October 1987
i Committee o local engineers review, modify regulations c
1. November 4 1987
PTinn ng an oning reviews regulations at study session & 1
S. Late 1987
ty ouncit reviews concepts at study session s
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6. January 1988
onceeptusl ordinance presented to developers meeting - -
1st State Bank
f 7. Februar 1988 - March 1989
f "mew by staff rom anning, L;gal, Utilities, and
} 1+eieiopment Review Committee. Criteria Manual Final!:ed
8. April 1989 - November 1989
ev.ew by Drainage omm ttee. Chamber of Commerce
Governmental Affairs Committee including most local and
major developers participants. Committee headed by Jim k
Englebrecht of Planning and toning Commission
7
Rick Svehla
Drainage Regulations
page 1
9. December 1989
f ewr a y egal to reflect changes in 19
1 10. January 24 1990 and Criteria
approvrl of Regulations
P-A ZCommission
»r Manual as submitted
most of the drainage regulations and our existing Drainage
Criteria Manual were developed in the mid 1990's. We feel that
In the last fifteen years many design techniques have been
use developed
of p computerizedltechniques forrhydrologiclandphydrauliche
studies.'
Please advise if you need further information.
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~Mr. r lllab~ Ni~
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CITY o(DINroN,TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE(817)566,8200
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MEMORANDUM
DAM -January 19, 1990
T0: Planning and Zoning Commission
FROM: Jerry Clark, City Engineer
SUBJECT: Drainage Regulations
The regulations have evolved through several committees from
the community and extensive review by City staff. We had
previously presented a preliminary draft of the regulations to
Planning and Zoning commission approximately 16 months ago.
Our final interaction was with the Chamber of Commerce P
Governmental Affairs Committee. That committee contacted most
of the active developers in the City of Denton who did
participate in many of the meetings. Compromises were worked
1 out on several issues with the help of Jim Englebrecht,
Chairman.
The two major issues discussed were detention policies and r
off-site requirements. We feel that all involved parties are
satisfied that the regulations proposed in your packet meet the
needs of the community.
f The older regulations lack much of the detail provided in this i
submittal. A very positive direction was taken toward the
preservation of natural habitats and credit for pervious
areas. These regulations will place a very strong emphasis on
making sure our major creeks such as Pecan, Coaper, and Hickory
stay natural.
I Erosion control, lot grading plans, and reduced street crowns
will help reduce many of the complaints that result from new
subdivisions.
Finally, all the technical requirements such as design storm
frequencies have been adjusted to be consistent with other
metro-plex cities.
We sincerely hope that these regulations and the accompanying
design criteria will upgrade and expand the understanding of
storm water runoff management techniques.
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Engineering Department
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CITY of DENTON i 2F1
MEMORANDUM
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DATE: January 9, 1990
TO: Drainage Committee
FROM: Frank Robbins, Executive Director
Planning and Development s
SUBJECT: DRAINAGE REGULATIONS
Attached is a copy of the regulations that we have been working. - '
on. We are scheduled to present these at a public hearing to
PAZ on January 24, 1990.
If you have any questions about the ordinance I suggest you
call Jerry. If you have any questions about Its process, you
can call as or Jerry#
4416T MR It o na-
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r~ DRAINAGE REGULATIONS COMPARISON CHART
CATEGORY OLD 1983 NEW 1989
25 yr.
Oriveway Culverts 25 yr.
Channels 25 yr. 100 yr.
10 yr. 10 yr.
Pipes 45 yr. + Freeboard
Channel Lining 25 yr.
r culverts/Bridges 25 yr. 100 yr.
Floodways 100 yr 100 yr
Spread Limits
a) Local 2" Above top of curb op)of curb reduced crown
b) Collector 1 Lane open 1 Lane open
c) Arterial 1 Lane open/direct 1 Lane open/direct
d) Freeway 1 Lane closed 1 Lane closed
Intersee Cross Flow No Changes No Changes
Dedicate Floodway No Yes
Natural Concept
Regional Detention No Yes
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On Site/Local Oetent' Yes No*
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Local (lots) grading No Yes
Y
plans/design
Closed Pipe for UP Yes - not enforced sYes trengthen enforced
to A8" Flow ■ 100 cfs
Access to all No Yes
channels for maint.
Minimum size of pipe 15" 18"
Pipes Mye$ vs MK or Ja No Yes
Recessed Inlets Nu Yes
Maximum Times of No Yes
Concentration
Minimum Easement No Yes i
widths Reg. - Pipes
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Minimum F.F. above 12" 1B"
BFE (encroached)
Detention Design Policy/not detailed Yes, 10 to 100 year
Requirements
Storm water Routing Rational Rational, HEC-1
Method TR-20
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*As Last Alternative {
0691E/20
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rat Minute{
J4Awary 41, 1110
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Mr, Coosa" 1110# whotkor the C11y's $erar t0 aSea a mA
Ior 1!!.11 a 44I1ntIeA !moll l0 0101 11 t 101t p0 t4 rl
{ u If ft !fiat Iner Ilv6ltpar/.
hr, 6160k 1111 that 11 re114 10 1 1141 re{efl, A 111
of 11100{1141 Ia 01101 lad 10 as sepal Al tat 44II
11101101 ter ever p 0A0 a A 0 ■A 1t 11 0111 f-a 11141111.
flo city valid Ill fir is 1446101011 1111/1 1a11a1
0tA or 11111 estate, To* City C44AI11 !moll ►e
Ca Al I I t t 4 44f bra cam l a t ae tf l A,
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Mr, sngelbright all led that as fells 90414ftisle wlte
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dell I eta r I. He t nalAted Nr. o m1 team at bl 0 l i ato f nd f Mrs, d Clark
1 nliiaif afeeratiIme044 Val oil Iad IS rpeep14tled
if ec0 of eat het CSee It the sea I I a s, levy allI be
comfortable with the 449Ym441. It f1 #levied
tAtmelee t1 like lots lesions tae In It 146"11110
41011 drainage, on-sits delisltle just 111do$ sal
j fie", Witte 14011 off led 1041 Yp Ilvollra/a
alp"a►, Too tar 1►Illm 0111 dff.lot sale ofillom dal {
11111 11 his Ur to font, ceard1441100 6111 11 f
eelif 444 61441 014ker1, Cp144, 3
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M1. blot likeA slow math Iaveleplp4 pl pItalia eel to Y I
II rlvl44 Pete to 11
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Ne. 14161Irish 9 IISA tool share roll It total $evil
Iovollpopl Sees wore actively INV$$$ 4. fear valid
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to totoolliod 046011 0 am a tltem revioned the arllosnta, MIIIIAt1 A■iferloll
e at1
or see. to$ sooting ties was fella 1%# 4 0ratalerl
did A/1,1 1114111641. to a la "ors Nam afree ovaa tier
were allied the limit drift of the 4r11o4444 444
lovlta4 to Allied toolghl'1 14411s1. as calls If
Isotope 4416 Seem received.
No. bock 48prolset opposes beta fail 104 work at the
Iro14aH 164014144.
Mr. 41494401k mares t6 f64666644 Approval of sal
1444441441 661 6rSlaila Ialdsl, 14111414 or 011.
loodllr4441 add 14441861111 4a$Food 11.111
1. Sell 144F removal of 11,6141164 tor$$ far Altsio411
agree% dralailo Ielpov4e4411,
~i Mr. Clam stat44 that Iovapal areaps have pllkal
Aluaedlr IIr444 lapreruaotts INS* tee tap, the
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Atli II 11 roldy to is, It fI live a fonts test *high t
SAS %too$. properly to44pl hill 1644 too 11441 441 K
hall is 61f1ttlso 41 the tell removal$$ thora It 1
p144A trio 1141 tat !arts doplelwoot oar try l6
1441. loll 11 am 10pop1441 pro)441 far too
A411A44pA611. the IIItle does save teal Saler lose.
No, totolbella4 $$to1 If 446 t He will be left I4 the f
area If It Is rassfol, 11
No'. Clark 1614 toll 11 111old ba loved to feel Nemra
park,
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Mr, teat $Aid that 11 has a to or It talk 411611416p.
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if to ore II me oth or re l 19nIblI 1010%If A, A No" area
y4ar store Is war CIA 11 out at the bISo If lMe let to
Site% Viler. The street Creole earl Ndg e/ it part
ii of 0411 tI 1t s oli wl %k 11111111rt• it 1111as ,It
$left%% U tarry 01x1 Cllitltl. TM 64 rlo store for
chlsool8 rig Iillltll t0 109 ylef Iree 11 loops.
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y IAr. A I I a of t1 %111 Ain II Ira A a d 1, h41p S % a A 44 r 40
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I# loo 164 r, r%It4 we tell II U1 to trIcit we
00141411r1 ant I6tlmoorl Agree. Another solar Idle
is detention Opole led eft•sl%l ff10IP404mt1.
~I 06.11 ti le see%IS% 1o who e4 erarlsof to It oar 11011 iI
resulted to lot in thaIr ANN of t14kIIA Id ad. 1(
So styles 1011 1h11, alt t h I I %lopeae 11 tees the
f 1e 041 AI fa 1111104. to real storage is 141401,
! Ro11sm11 #miss11ls 11 wisps lot psma-s are
slr4t1#14ally 1104%44. The leads 010 If 1141441 h11k
4e 61 g0 4111raas to Ir I11 at Iterate, Aoo%hop ro114a
for r111esil 41Le11410A 1f Ikat %%0y are more test
1fIltlfa% 104 latter to 1111 sue er. if tAfea 1f no
ly to tempr64lte with the 44 far000r, we will allow
%leotard 41.6114 64114ties 16A646 pot in$# Aare to 41 S~
a ■r As log of ego left, Vol A% It SOONt the till el 1%I
too to III$Is$ Lief. The I-1 A 11 leave wlo IN sus
h1Ilno to 1041110 611.11is deal l4/8. 11 Is 1
difficalt ISOV@ Shot is pretty Noak Covered or Ill14
IRA /141011 ldwg, rho gas ,!al a 1olooellal tAIS adI 'r
4140106 48 to sees Ott11g1. .,?Otis Caere 1St loll j
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of %armed %meefdl, 11 044 t1 11 6 Itself in
64mcastri114a at 1%411. 4414101 oil% Ike 64100 11116
1111 114 ■1f It 11 t1 0009 lot 11f%, :1 1
I M1, boss liked for ogre loflfssstoo $boot Ma 114%0
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II fee federal fatollt11064
Or. Clark 411111004 tAil Ar1106#4 Imo Pf*klhlsl 1
144fesllst dowallrlis C144441f1%Ila of 41Nar1141 1
water sold $$fast$ al lo, Ma II Id to as the look IAIIe
Is to trills 1 11604144 1464064% IAO% or II estop hie
Its Mlikepy gross vitae 1%61 sill 1t 04440od, It
Ielplslaa flood toatrol, 9114411v4 tells wife dolt
to liters silt the Most 0M loot ray to Sw ear
40414414 1h ohs Miller$ Crook basis w%Lt% 14 latofll
thewl4o1 itvope Was. Register 461641144 oil AN
t„ lair ■l lose, It east IISO for Coatips4tlta Ili
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16IM11lo1f S, oil of the MIJlf base fill 1111141 Is
that Bissell oblAso11 Aid I1p4646 ape retalaid,
I 16018061 If11A111p 16111 allar lts$ fladillfih to %e
ra61a1lod 404 allow ski (1144011 64 Peters clear lad yy
a4twrll. 1floctal 14tost16o 11441 will be
1164111101, 1e401olt164441 led 16410dlttoo rill he
#04414404 14 f0 e01JI141164 ill to 1 0414616 still to
dfllellt, %And lisle, lip 16611411114 of talk, motor
sots 11 444149 berate to fill to the 0starll
$Almost, An Igal/le v1v14 64 %1 Oft 1 dos#41144 164d
am 6 breash of tllkofy Coast. Ike 4#1011146 gold
le field lot be eight oil Mealy Craig, loops 11 164
Sea% pales, %This $sold to6viedlt-f AI VISAO offdr 16h4
dtfllop64si. Np, Clark MISS%11 1114-4111 of I%0
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e011044ef a 646111 164 tdlllr1616a 14001611611 441 bf
the design drlteria tkal 64compalist tko ordlhlodl, iT
the 0164611 will be VIII 111411 by 64114041,64 It 4111,
that the lilt 0W4 1s drillill talvrfesooto Val to I
1III. Thal wed years age aid 164164 616 161
611641101 Ipdw a 14 that period. t
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lot /1164fA1 141 196161 Cema11111A 41c tom Cloy CtYNCII
4MYIl 4ACaYflla {LlLy e tOt$PtakNto the C4aa,11111.ar
appreciated the ellIftYl
1011 a p+a11e heool4f aAl Cooslder lppreval if the
I N top tote 1 A,411 e t an t, 4f0 Sao10 rlloyt Far La hill SION-
Mr. left p14160t44 too hall 114pars 16%tach411.
IITITlOIIAI Ills CalIm6A, CII ISaa U d AI IIc19a 4l• 1
P64465444 favorable 181144 OR 164 re/lat. as alrof44 to
INiver IAIF 4441111A1 N 401 taa /41111.
Ia FAY 041 RON* I0lfemt.
a1146111 Rome pressht.
Mf. k11t IIIt11 tall tae Olv alela 4t R4111611 committee
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Call r11r141 If6tt i1e111 014 IY1111 L1101A1, F
plClI10f1 11 raa moved by No. Kilt, 14e011et by of.
AidNIA, 464 YAlmlh6usiy caroled 11.01 t1 atoreve let
Pr 011i141r1 411 fIN i1 raters if is 1 14 to H 4mf U t,
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this l, 1 Ito 11 eel 11 at (af 404100 / '
1. C10%1topatIsea.
A, ca+11114r a Im4AUUst to the 64111vlltoo sat to sad
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110 4 1 10111. 11010114al loaclratol 10419611.
me. tllea floofill lees the I01e4411alt process +a1
,
141uA 14 Aa1W11 of 111}4 to h6 pal 1118 off Iscale
ohs If closed Allidesal 811 loom reviewed So the
levermetsI Affairs Coast tied el the CAlater 61 1
Cosilsoce, 1rAiNLAe4Wlsd►fellot694 See 941141111111A top toolf
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fof l6r. 06 e1141e live I1A b61t vita IevN4l4rf.
$%ellm►s. 4At City Ile}f. A molar ammittee was
. Leaded L/ of, lolmllfiehl, A,W it *Islast (lost
is dlretSy sooh Sea to aeof isblltlll elalhl e1t6AIAl
fits6tLOlo111tiN1lird14aNU1ollr+aalllr1a14uri6d
I tf6{dtllso 11 Coastal 1'140 IrovidlAl fop 144611 to
Fi the thimmall for *state coal Cfo+1• 1t16 prior-sty
` Val 110611 to losliol oa11r 41 404611 cell is /mail
I ' Creak U/ tiller trfol 411011 god 0116/61111 the
Slidell te0•10stse. 16 opted to 1661 lagged the
liters she pool its saliteollef of ear is%IPei '
lallrlostAt. if also 861 a LA11A6*rlll 016 646 far
164 the fact Ia %%At Aearo1 Seam
#If kelp to dolls at a Slmror rote 15114 velocity) is thlfs to
lees property difill, 181 maliral $himself teed to u
' IceO 110p11 free Sollllml fllh% a1 a1 Sidi She
thsadlt, Pilots toed 1c last to build fill%% ro to
f tea, 4114 of academic Ih4411611. Oat bf the 6-6140
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tLlt Ito star
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NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ARTICLE 4.15 OF
CHAPTER IV of ARTICLE III OF APPENDIX A OF THE CODE OF ORDINANCES
,,ly TO PROVIDE FOR AMENDED DRAINAGE REQUIREMENTS AND DESIGN STANDARDSI
AMENDING SECTION 10 1/9-17 (FLOOD DAMAGE PREVENTION) Of THE CODE OF
ORDINANCES RELATING TO FLOOR ELEVATIONSI PROVIDING FOR A
SEVZMILITY CLAUSE; PROVIDING A PENALTY IN THE AMOUNT OF $500.00
FOR VIOLATIONS THEREOF OCCURRING WITHIN THE CITY OF DENTON) AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Denton has found that revisions of the
Denton Development Code are needed to provide for more under-
standable, effective, and efficient land development requirements
and regulations; and
WH18MAi, the City of Denton has undertaken a program to revise
and implement the now and amended land development regulations and
requirements) and
WNEREA/, the revised regulations applicable to drainage
requirements and design standards have been compiated; and
WHEREAS, a public hearing on the amended drainage requirements
and design standards has been held in compliance with the
provisions of the Local government Cod*) NOM, THNRNFORN,
THE COUNCIL OF THS CITY OF DENTON HNRNSY ORDAINSI
That article 4.15 of Chapter IV of Article III of
Append xi J1 of the code of ordinances is amended to read as foilowat
DIVISION V. ?
DRAINAGN RSQUIR1'1'S AND DESIGN STANDARDS
Article 4. is. All developments shall provide the drainage i?
facilities and improvements to serve the development in accordance
with the following requirements and design standards.
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The followtnq standards and requirements are adopted for the
following purposes)
1. To protect human liter health and property;
2. To minimise the expenditure of public monies for costly
flood control projectst
1. To minimize the need for rescue and relief efforts
associated with flooding and generally undertaken at the
expense of the general public;
4. To minimize prolonged business interruptions)
3. Tooil imizelldamage toe public facilities and utilities
6. To provide for the sound use and development of all
areas in such a manner as to minimize, future flood
blight areas;
7. To retain natural floodplains in a condition that
minimises interferenos with flood water conveyance,
flood water storage A,juatio and terrestrial ecosystems,
and ground and surface waters
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8. To minimize erosion and sedimentation problems and }
enhance water quality; and j
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9. To minimist future operational and maintenance expenses. 1
in addition to the words herein defined, the words defined in #
the Drainage Xanual Mull apply to any word used herein which is
not otherwise defined.
Amemom Maw A rout, used to provide entry for vehicles and
machinery into a channel.
AglWpad• A route parallel to and at the top of the bank i
of a channel used to allow maintenance of channels from the
top of bank.
Ua deed. The flood having a one peroent chance of being
equaled or exceeded in any given year. Also known as the 100-
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year flood.
channal. An open conduit in which water flows with a free
surface.
Conduit. Any open or closed device for conveying flowing
water.
Draipsaa Area cr, aaein. The land area upon which all rainfall
that falls on that area is directed towards or flows to a
given point or streams
one or more conduits,
channels, ditches, swales, p pee, detention devices, or any
other device, work, or improvement, natural or man-made, which
is used, designed, or intW od to be used to carry, direct,
detain, or otherwise control stars water.
nra I no
t. 2'he Denton Drainage Design Manual as adopted
by this D via on.
The storage of stars runoff for a controlled
ref lduring or immediately following the design stars.
Regional detention refers to storage of ators runoff from an
entire drainage area or b4sins
tp,_. An official map at a
aossun ty, issued by the federal insurance Administration,
where the areas within the boundaries of special flood hazards
have been designateds
s An official sap of a
cosmun ty, on which the Federal Insurance Administration has
delineated both the areas of special flood hazards and the
risk premium zones applicable to the community, t
Flees ea grand! study. The official report provided by the
Federal Insurance Administration containing flood pretiles,
the water surface elevation of the base flood, and the flood
hazard boundary maps
s The area designated as subject to flocAing from
the bees flood (100-year flood) on the Flood insurance (late
Maps The tloodplain includes the floodways
A river, channel or other watercourse and the
ad acant land areas that must be reserved in order to
discharge the base flood without cumulatively increasing the
water surface elevation more than a designated height.
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all the l wa will include the stream channel and
that portion of the adjacent land areas required to pass the
base flood (100-year flood) discharge without cumulatively
increasing the water surface elevation at any point more than
one (1) foot above that of the pre-floodway condition,
including those designated on the Flood insurance Rate Nap.
FloodwAy Fringe. The area located within the floodplain and
outside the floodway.
, The vertical distance between the design water
surer ffacelevel and the top of an open conduit left to allow for
wave action, floating debris, or any other condition or
emergency without overtopping the structure,
grAdS, (1) The inclination or slope of a conduit, channel, or
natural ground surface, usually expressed in terms of the
unit of number of e(aof vertical ) the elevation at thslinvert
of the bottom of a conduit, canal culvert, sewer, *tat or (3)
the finished surface of a cans bed, road bad, top of an
embankment, or bottom of excavation. -
mydrogrimpb- A graph showing stage, flow, velocity or other
property of water versus time at a given point on a stream or
conduit, ;
L11st• An opening into a storm drain system for the entrance
of surface storm run-off.
d
Ti a. of Connentratien, The estimated time in minutes required j
for storm water runoff to flow from the most hydraulically
remote section of the drainage area to a speeitie design
point.
2nvarlad Crown s • A str"t Oros section usually
reserved for alleys ~n-vtsich the center of the street is lower
L-1 than this edgas so that drainage is carried down the cantor of
the street.
A driving surface of a street with a width as specified
Mthe street design standards for that class at street.
f&eal orainaagyiyetem• Any drainage facility or system which
serves an area have a contributing drainage basin of less than
one (1) square mile in area.
off-site, t/ocated outside the boundary of a development.
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Qn-site. Located within the boundary, of a development.
pilot ChannV. A concrete channel section used to convey
normal low flows, fix the location of the flow line of a
channel, minimise erosion, and provide access for
maintenance.
LUX. A closed conduit through which eater flows.
o~n lloodiota The widr pavement covered by water based
frequency (10-Year, 100-year flood).
strut crown. The highest point of a street cross section,
normally located at the center line of the street.
Tailwator. The water surface elevation directly downstream of
a drainage facility.
Co
1. All developments dull
provide for any new drainage facilities, the improvement
of any existing drainage facilities, channel improve-
ments or grading, driveway adjustments, culvert improve-
ments, or any other improvement drainage facility, or
work which is necessary to provide for the store water
drainage needs of the development, in accordance with
the requirements and design standards of this division,
including, but not limited to any drainage facilities, ;
improvements, or other work which is necessary
a. To provide for the cwweyance of all storm water
from the development when rally developed, to an
adequate discharge point,
b. To fulfill any purpose for which these requirements
are imposed.
.as To adequately protect the development from flooding, #
including the affects of the 100-year floods
upstream
d. properly tagerol of centrae increase
or the watersurface
downstream ~
elevation caused by the development,
as To provide for the conveyance of existing storm y
dranage flowing through the development.
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2. Aff-sit. Qr made, off-sits drainage facilities and
improvements shall be Vrovided by the development
whenever additional storm aster runoff from the develop-
ment would adversely affect any off-site property or
would overload an existing drainage facility, whether
natural or man-made. where storm water runoff from
three or more acres has been collected or cone.-.tratsd
to one point, it shall not be discharged onto adjacent
properties, except into existing creeks, channels, or
storm drains, unless drainage or flowage easements are
obtained for those properties. If the developer cannot
obtain thm necessary easements to make required off-sits
drainage improvements, upon the request of the developer
after compliance with the provisions of this Code, the
City may L-ring condemnation proceedings to obtain the
offsite dr•%inage easements.
2, pjrmstbJ "raa Storm Water Control, Any development say
provide for storm water runoff by reserving a sufficient
amount of land within the development for landscaping,
green space, or other permeable areas, excluding
detention facilities, if sufficient to alleviate tits
need for puticular drainage facilities or improvements.
The City Rngineer say require the submission of any
drainage computations necessary to determine that the
permeable areas reserved are adequate in rise, design,
or location so as not to require particular drainage
facilities 4r improvements, it a plat is approved on
that basis, the permeable areas proposed to be reserved
shall be shown on the plat or otherwise referenced by
the plat, in the manner speoified by the City engineer,
No building, structures, or other impermeable improve-
meets shall be constructed or installed in the perseable
areas so designated on the final plat, BefosntirA Publicly dedicated detention
facilities may Ys" to reduce peak discharges where
conditions prevent conveying storm. water to an adequate
discharrqq• point or studies show that off-sits structural
! facilities will not mitigate hydraulic effects sore
efficiently* on-sits detention facilities shall be a
minis= six* o: one care. All detention facilities
shall comply with the design criteria of this Division,
1 A development may provide for drainage by participating
in the design and construction of a ragiional detention
facility, Detailed engineering studies of the entire
basin shall bs required to insure that the timing of
peak flows has not been altered to dreate higher peak
flaw elsewhere in the basin, Detention facilities say
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be constructed in phases, if phased so as to provide for
the timely needs of the development.
Where these regulations would regatre a
devellopmeent~to make any drainage improvements in or
adjacent to a floodplain in order to provide for the
ultimate base flood, the development may, in lieu of
making the required improvements, restrict development
in the area that would be subject to flooding by the
ultimate base flood because of t%e failure to provide
for the drainage improvements. In scrh cases the area
to be left undeveloped shall be dedicated to the public
as a drainage easement on the final plat.
6. Flocdvav rr" Where any development would till
a floodway fr rgs area where the floodway has not been
designated on the Flood Hazard loundary Map, the
necessary engineering studios to show the limits of the
floodway shall be submitted. it the floodway fringe
area is not proposed to be filled, the area within the
tloodplain which will be necessary to provide for the
drainage needs of the development shall be dedicated to
the public as a drainage easement on the final plat.
7. Floodways
a. Generally, floodways serving drainage areas larger
than one square silo in area and which are still
functioning primarily in a natural and adequate
state shall not be altered or improved to provide
for the drainage needs of a development, unless
there is no other reasonable means of method to
provide for such drainage,
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b. As part of the required improvements, all debris,
small brush, vines, and other obstructions shall be
cleared once from that portion of any channel
f located within or on the perimeter of the develop
sent as directed by the City Wnginear, prior to the
connection of any utilities for any building within
a development. A development my also be required
to provide neeccessary itgo adf of equati ye x flood wa to the
or convey
storm water runoff from the development, based on
time roughness coefficient approved during the design
process for the final plat,
c. Developments discharging storm water runoff into a
floodway shall provide supplemental vegetation, on
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and off-sits, when necessary to preserve or restore
any disruption to the natural state. The vegeta-
tion planted shall be coastal bermuda grass or
similar vegetation proposed by the developer and
approved by the City Engineer. The vegetation
requirement shall apply to any portion of any
floodwayp on-sits or off-sits, which would be
affected by runoff from the development.
d. Any approvals necessary for completion or occupancy
of the development may be withheld, including
utility connections and Certificates of occupancy,
unless and until the clearance and vegetation
requirements for floodways are satisfied.
a. sits erosion control, To minimice erosion resulting
from the resoval of vegetatLon and to reduce the
introduction of erosion materials into the stars
drainage systemsp all developments and any person
undertaking any development activity shall make use of
erosion and sediment control devices in accordance with
the recommendations of the Drainage Manual as directed I
by the City tnginsar. The erosion and sediment control
devices shall be installed and thereafter maintained
until sufficient vegetation cover has been provided or
been replaced to control erosion and sediment, as
directed by the City snginser. 1
9, Any development
required to provide dra nags !soil ties or improvements
in accordance with this Code may sleet to pay to the
City the total construction- cost o! the required
facilities or improvements, excluding engineering and
design cost, when i
a. The Cityls approved Capital improvement Plan
proposes to provide, within two years of the date
the required improvements are to be undertaken, for
the saes or similar drainage improvements that would
mats the drainage improvements required by the
x development unneaessaryp and
b. Failure to provide the drainage improvements at the
time of development would not adversely affect the 1
develos+ppssont or any off-site properties, as
h dstersin'nd by the City :engineer.
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The payment heroin allowed shall be made prior to
beginning any construction of the development. If the
money paid to the City is not used for the required
irprovement■ within five years of payment, the funds
shall be returned to the person making the payment.
" D. GENERAL DESIGN STANDARDS.
it prainaye Manual Adopted. The ton Qrm4nAga
DA iaDr Criteria 91 90) , a copy at which r► on file with
the City Enyysneer, is adopted by reference as a part of
the r* Ions and standards of this Code, in addition
to meetingulati the requirements expressly sat out in this
Code, all drainage systems shall comply with the design
standards and requirements contained in the latest
edition of the Drainage criteria adopted by ordinance,
where there is any conflict between a provision set
forth in this Code and a provision of the Drainage
criteria, the provision of this Code shall apply.
9, may{ Design standards for drain-
age facilities and improvements shall be based on
hydraulic and hydrologic computation data submitted and
apprcwed by the City Engineer prior to submission of the
final plat to the Commission. The City Engineer may
speci.ly the form and manner in which the necessary data
is to be submitted.
1. gAgMtioLj of Stars Water and sanitary R
eater and sanitary saver systems are 1irn6t!1n!k*1ds!o*
be used and maintained as aep&rate systems. Drainage
facilities shall be designed so as not to oonneot,
direct, or allow storm water, whether by pool backwash
or otherwise, into the sanitary sever system.
40 No development shall
be des gned to aocass a pubs o street across a channel
without providing adequate clearance for the channel
under design storm conditions as required by the
Drainage Manual. Bridyas crossing channels serving
drainage areas greater than one (1) square mile in area
shall have one toot of freeboard between the design
water surface and the lowest beam of the bridge.
Bridges crossing channels serving drainage areas less
than one (1) square mile in area shall have one loot of
freeboard between the design water surface and the
lowest top of road elevation of the bridge,
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S, Channel R&MAirsmintm- Channel regulations and r
improvement requirements shall be based on the amount
and concentration of the storm water ~.unoff from the
development. All developments shall provide for the
permanent improvement and modification of existing
drainage channels as necessary to serve the development,
1 subject to and in accordance with the followingt
` a. Channels which serve an floodways serving drainage
1 basins larger than one square mile shall be
C s maintained in a natural state as provided for in
these regulations. Undeveloped branches of natural
channels and creeks of local drainage systems may be
allowed to remain in a natural state if maintenance
and hydraulic considerations do not require
improvements. `
b. Channels of local drainage systems serving a
development shall be fully lined with concrete to a
level at least one foot above the water surface
resulting from the 35-year frequency storm,
o. If a development provides for the reservation of
permeable areas as provided for in this Division so
that a fully lined channel is not necessary to
adequately convey stars water runoff,, the channel
shall be provided with a concrete pilot channel {
meeting the specifications of the Drainage Kanual,
d, The miniaus grade allowed on an outfall channel or
ditch shall be 0.3 foot per 100 feet for concrete i
lined channels and 0.6 foot per 100 rest for grass
lined channels.
1 ! e, improved chumels shall have one (1) foot of
freeboard above the 100-year floods
f. The design for all open channels shall be based on f
geoteahn oai investigations, unless determined to be
If unnecessary by the City tngineer.
. Any dwelopment which
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i askes use of any channel. within or or the perimeter of
the development to provide for storm water runoff nay
p be required to provide adequate access roads and ramps
for the channel for maintenance purposes as followsi
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as for all channels serving drainage basins larger than
one square mile, access ramps shall be provided
where the channel intersects any public roadway.
b. For all improved, unlined channels serving basins
less than one square mile, access to channels shall
be provided by one of the following methods, as
approved by the City Zngineert
(1) by constructing a flexible bass road or
equivalent.
(1) By providing a combination of the bottom
access and an access road on one side of the
channel, it the depth of the channel will
allow maintenance from the access road.
(7) for channels exceeding a depth of tour feet
(11) and 41 1 side slopes, an access road
shall be provided on both sides of the
channel where none at the other methods
would be sufficient to provide for
main- tenance of the channeli,
cm To insure adequate access, all lined and pilot
channels shall have a minimum bottom width at ten
(10) feet and shall be provided with access ramps
located as directed by the City rnginaer. Access
I ramps shall not be less than twelve (17) test wide,
with a minimum arose grade of film Ali access roads
shall be located within a dedicated easement of the
site required by this Division.
gm XaJor drainage system are
n~-~b to provide for conMance of major flooding and
` usually consist of channels, detent on reservoirs,
street rights-et-way and overflow swaies, Major drain-
it" systems shall be designed to convey the 100-year
flood and may be planned as an integral, useable part of
a development.
im HICAP ppiInfi.~y Minor drainage systems are
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ni tended to pr- ovidi or conveyance at nuisance, type
flooding and usually consist of streets, storm drain
inlets and pipes. Minor drainage system shall be
designed to convey the 10-year frequency flood. Addi-
tional capacity requiremnta say be required where there
are flow width restrictions or other special conditions.
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9. Drainage
systems for all developments shall be des fined so as to
comply with the minimum and maximum time of concentra-
tion for the proposed land use, as specified in the
Drainage Manual. in cans where it is evident, as
determined by the City Engineer, that the actual time of
concentration is less than the minimum specified in the
Drainage Manual, a shorter time of concentration may be
required.
10. Tailwatsr Canaidlr Proposed stars drains may
discharge into existing watercourses shown on the
current flood Insurance Rate Map. The tailwater eleva-
tion used in hydraulic calculations of the proposed
storm drain system shall consider the water surface
elevation of the watercourse for the same design fre-
quency as the stars drain system. All stars drainage
systems shall be designed in reference to the water-
course flood elevation at the time the storm drainage
discharges into the watercourse, except when the
watercourse into which the stars drain discharges is
located outside gone X of the Flo" insurance Rate Hap,
the tailwater elevation of the proposed storm drain
system shall be the water surface elevation of the
watercourse when its peak discharge occurs.
li. . Generally, each lot shall be designed or
graded to direct stars water into an abutting street,
alley, channel, or inlet* if drainage in provided in
the rear of any lot by an alley or closed storm drainage
system consisting of inlets and pipes, the alley or
drainage system shall be designed for the 100-year
floods where it is not practical to provide abutting
drainage facilities for each lot, drainage facilities
shall generally be required whenever the storm water
runoff from more than two lots used for one or two-
family dwellings Is directed across a third residential
lot, or whenever the facilities are necessary to avoid
an adverse effect on any other lot. it shall be unlawful
for any parson to fill, modify or otherwise obstruct
any public drainage easement Assigned or used as an
overflow channel or structure.
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1. . The following. listed
facilities shall be designed to handle the flood 1
frequencies indicateds
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(Yaws)
street capacity and enclosed
Pip* systea (if needed)
Driveway Culverts and Roadside Ditches 2s 10
street Right-of-Nay 100 +
Improved Channels 100 I
Culverts 100
ariagqes
Floodways i0100
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s. The Permissible twater spreads for streets are based
on the 10-year All streets shall be capable
of conveying a 100-year flood vithout water
I acusedinq the right-of-way limits. The spread
below hall apply to the following
limi!s land d f4cilitlemi
Arterial street
(divided/undivided) 1 lane open in each
direction.
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Collector street 1 lane opal
Local/Residential Street Top of Curb
b. The allowable drainage flow across street
intersections for the 10-Year flood shall be as 1
follows
stradit MAO Cream ?law
Arterial (divided and undivided) NO"
Collector
None
Local/Residential)
Inlets at intersection 104 of inlet
capacity. 1
No inlets at intersection Cutter flow of
4" or less,
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c. Inverted crown sections are permitted only in
allays.
d. street crowns shall be reduced for approximately one
hundred (1004) rest on each side of valleys, and
only one valley crossing, for each street shall be
used at an intersection.
s. For streets with culverts or bridges, an emergency
overflow shall be provided to contain the 100-year
flood without encroaching, Into an area in which a
building could be constructed. Mater shall not
encroach on the building, aids of the building
setback line.
9. PIPA
.
a. Storm drain systems capable or conveying, the 10-year
frequency flood are required when water spread and
intersection cross flow limits are excsede4. Closed
pi systems shall be required for discharges upp to f
and including the equi &lent flow of a 4 -ifth ippee,,
unless the grade of the natural ground ~s lose
pthan
Ovate then an enclosed pipe system shall be required '
for discharges up to and including 100 c.f.s.
b. The minimum velocity with the pipe flowing full
t shall be three (3) fast per secondo
of The minimum storm drain pipe diameter shad be
eighteen (10) inchese
d. Pipe diameters shall not normally decrease,
downstream.
Y
as Pipe soffits at changes in pips sines should be set
at the sass elevation*
to vertical curves in the conduit will not be
oniry witedbfthsdapprovii o! the Cis will be permitted
y =ngineers
g• Manholes shall be placed at the connection of two
(11) or more laterals, at ppipe junctions having pipe
alias „neaer than twenty-tour (440) inches, at
' changes and at the beginning, of the storm
drain system. Maximum manhole spacing shall be as
followas
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Pine gi:• Naltimus Bnaeine
(inchu) (feet)
1s - 36 600
42 - 60 1,000
Larger than 60 No limit
4, DrixaYav Culvert-, All driveway culvert , construction
shall be inspected by the city during construction and
shall meet the following requirementst
a. Culverts shall be of bufficient site to carry the
expected water flow within the channel; be made of
approved classes of reinforced concrete pips (RCP)
or corrugated metal pipe (CHP)I and shall be i
together properly by materials approved by the City
engineer,
b• The safety standards for ends to driveway culverts „
adopted by the Taxes Department of Highways and
Public Transportation (TDNiPT), as amended, on file
in the office of the city engineer, are hereby
adopted by reference to the following extents
(1) Culverts of twenty-one (21) inches in else or
larger shall have f:1 safety end sections, The
ground around the end section shall have a grade t
of fill
(1) Culverts lass N= twenty-one (2101 inches In
site shall have Type • and sections (Texas
Highvay Department Drawing Cx-11)0 headwalls and guardrails may be used.torVlpei
larger than twenty-one (310) inches, when
F approved by the city snglneer.
(3) Culverts of thirty «
require Lafety pippee mnerse Culverts above
thirty (300) inches shall meet THD i PT
standards
a. Datanslan All detention ponds shall be in
coap3 uhae with any applicable design requirements of
any state or Federal law or regulations, as amendedP
including the regulations of the Texas Water Commission,
or its successor aq . The tollowing requirements and
f design standards shall apply to detention ponds to the
1 extent they do not conflict with any apppplicable•Federal
or state laws or regulations, as ameMed~
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a- The 100-year flood shall be used to determine the
volume of detention storage required. Detention
facilities shall be designed so that any additional
noto increase thhe amou the t of original vdiscchharge Mfor
storm frequencies from the 5-year to the loo-year
flood,
b. The Modified Rational Method shall be used to
construct runoff hydro~raphs for detention storage
design when the contributing drainage area is 200
acres or less. The procedures outlined in soil
Conservation service Technical Release No. 20 (T1t-
20), or in the Corps of engineers hood Hydrograph
Package (NrC-1), shall be used to determine runoff
hydrogtaphs for detention storage design when the
contributing drainage area exceeds 200 acres. The
City Engineer may approve the use of othar methods
for runoff hydrographs when appropriate.
a. An emergency spillway or overflow area shall be
provided at the maximum 140-year pool level and
shall be capable of conveying discharges as required i
by the regulations of the Texas Water Commission, or
its successor agency. The spillway shall be
constructed of concreta, unless alternative
materials are approved by the City rngineer. II
' d. Any outflow structure which convoys water through
the embankmant in a conduit shall be reinforced
concrete designed to support the external loads.
I The conduit shall withstand the internal hydraulic
i pressure without leakage under full external load or
settlement and must convey water at the design
I velocity without damage to the interior surface of
the conduit#
s. The outflow structure of a detention basin
discharging water into any natural stream or unlined
i, channel shall discharge at a nonsrosive rata,
i unless approved erosion protection is provided in
accordance with the Ovainage Manuale
a
to Detention basins resulting from excavation shall
provide positive drainage in accordance with the
Dra mage Manual. The side trade for any excavated
detention basin, which is not in rook, shall not
exceed 411.
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9, Earthen eaban ments used for water impoundments must
be constructed according to specifications for fill
investigationsbof the sits bThminimum crown width
of the embankment shall be twelve (12) feet,
h, Detention basins shall be designed with adequate
In son and press to allow for regular maintenance,
inoludinq periodic desilting and debris removal.
Detention basins designed for permanent water
storage must include dewaterinq facilities to allow
for maintenance. detention basins designed to serve
drainage areas of 320 acres or more must include a
desiltinq basin in the upstream pool area,
I. Security fencing of a minimum height of six (40)
feet shall encompass the detention storage area it
the velocity, depths or slopes create a potentially
dangerous condition. The tones shall be designed so
as to allow access for maintenance and so as not to
restrict stormtater flow into or, 'out of the
detention basin,
F
rn addition to any other provisions of this Code relating to
easements for public improvemantsp the following requirements for
easements for public drainage improvements channels, and
facilities required for any development by th>Rs Division shall
apply)
1 1, All public drains s systems and facilities which are not
to be included within an existing or proposed public
street right-ot-way shall be located within easements to
be dedicated to the City and shall have adequate access
Arai: r0~ facilities# pall eas ments~withint whi h the
facilittoo are located shall be cleared of all
buildings, structures, fences, or other obstacles that
would interfere with acosss to the ""mantes
2, lasoments for closed drainage systems shall most the
following minimum standardsp unless special
circumstanoes wareant additional or reduced easewtop
as determined by the City tngineert
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Pipe site minimum taseagnt Width
36" and under is feat
42" through 54" 20 last 1
60" through 66" 26 toot
72" and above 30 teat
3. where an access road is required adjacent to a channel,
an easement of a minimum width of fifteen teat (151)
shall be provided.
4. Utilities shall not be located within any existing
drainage easement, unless it is also designated for
utility use. No utilities shall be located in any lined
channel in such a way as to interfere with maintenance
of or access to the channel.
5. A drainage easement shall be provided for the area
within a required outfall channel or ditch to the point
where the flewline "day lights" on natural grade.
6. To provide for maintenance, a drainage easement shall be
provided at least twenty-five feet (251) beyond any
outfali headwall.
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All deveioponts regulated by this Code shall be subject to
and comply with any applicable provision of the flood damage
prevention
ordinances eat raaindo4p aannddithe follooving xea romentsehe
1. Minim= finished s
e floor elevat one for proposed a opment areas shall be
eighteen (180) inches above the 1001year flood elevation
i based on encroached stress oonditiono as contained in h
the appropriate flood insurance study* it a one hundred a
conditions ditions has not been determined by aclood ie nsurrarame
study, the finished floor elevations in the development
arse shall be eighteen (148) inch" above the 100-year
flood elevation based on ultimate watershed development
conditions.
No j
2.
land shall be modified in any flood pla or floodwayy
until the drainage modification plans have been revived
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and a permit issued by the City rngineer in accordance
with Chapter 10-1/2 of the Code of Ordinances, as
amended.
SECTION rr. That paragraphs (a) and (h) of section 10 1/2-17
of the Code of ordinances are amended to read as follovst
iF4 Jf .
(a) 1 eenrtrupolan, Nov construction or
substantial improvement of any residential l1~
structure shall have the lowest floor, i
including bassment, elevated eighteen inches 1
(186) above the 100-year water surface
elevation based on encroached stream conditions
in the appropriate flood insurance study or if
unavailable 100 year flood elevations based on
ultimate development watershed conditions. A i
registered professional • ineer, architect, or
land E,rrveyor shall submit a certification to
the city engineer, in accordance with section
10 1/2.14 (a), that the standard of this
subsection is not,
(b) MAnroaldfintial Qa• New construction
or substant al Improvement of a commercial,
industrial or other nonresidential structure
shall have the lowest floor, including any
basement, elevated eighteen inches (190) above
the 100-year water surface elevation based on
encroached stream conditions as shown in the
appropriate flood insurance study. If the
flood insurance study does not include the
property the sired 100-year water surface
f elevations shall be based on ultimate opment I develility &M saenitary o ~oiiitiei Maleld bet
floodproofed so that below the base flood level
the structure is water tight with walls
substantially impermeable to the passage of
E water and structural components have the
{ capability of resisting hydrostatic and
j h rodynaaic loads and the effects of buoyenay.
A registered professional engineer, architect
or land surveyor shall submit a certification
to the cif engineer, in acoordance with
section 10 1~2-14 (a), that the rwpireaents of
this subsection are mat.
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That if any provision of this ordinance or
TOM applioat on thereof to any person or circumstance is hold invalid
by any court, such holding shall not affect the validity of the
remaining portions of this ordinance, and the City Council of the
city of Denton, Texas, here-v declares that it would have enacted
such remaining portions despite any such invalidity.
That any person violating any provision of this
ordinance ~a~s~f}t applies to property located within the city of
of Denton, shall, upon conviction, be fined a sun not exceeding
$500.00. Each day that a provision of this ordinance is violated
shall constitute a separate and distinct offense.
QN V• That this ordinance shall become effective
fourteen (14) days from the date of its passage, and the City
Secretary is hereby directed to cause the caption of this ordinance
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.
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CITY OF DENTON CITY COUNCIL MINUTES T /
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r" FEBRUARY 6, 1990
r The Council convened into the Work Session at 5:15 p.m. In the
Civil Defense Room.
PRESENT: Payor Stephens; Mayor Pro Tem Ayer; Council
Members Alexander, Boyd, Gorton, Hopkins and
McAdams. J
ABSENT: None
1. The Council convened into Executive Session to discuss
legal matters (considered action in Denton County va City and
In Be: Flow, considered a settlement proposal in Smithers vs.
City and considered authorization to institute legal action
regarding the Martin Luther King, Jr. Recreation Center), real
estate and board/personnel appointments (considered
appointments to the Building Code Advisory Board and the Cable
T.V. Advisory Board.)
The council then convened into Open Session at 5:45 p.m.
j 1. The Council considered and discussed proposed changes
to City Council Rules of Procedure. {
Council reviewed the document with City Attorney Drayovitch
noting minor corrections to be made to the document.
Consensus of the Council was to prepare the document for ;
Council consideration at the next Council meeting. ,
2. The Council received a report from the Subcommittee
for Hotel Occupancy Tax and discussed changes to contracts with q
the tax recipients.
Debra Drayovitch, City Attorney, stated that she along with the #
Subcommittee and John MCGrane had visited with representatives
of each organization that received Lalor funds. They had 9
received up-to-date information regarding the usage of funds.
There appeared to be no disagr6ement with any of the new `
statutory provisions along with the recommendation to dissolve
the Cultural vonfederation. There was a question of whether to 1
split the Arts Council funding between historic preservation 1
and the arts. It was recommended that each organization build
up a reserve as well as a special project fund for the City.
j If a shortfall occurred, that reserve could then be used. The
z reserve process would be done by a budget process as opposed to
a contract provision. The terms of the contracts would be for
five years except for the Arts Council-Performing ball which
would be a two year contract. The committee was recommending
that the funding for the old steam plant renovation be
decreased during that two year contract. It was also a
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Committee recommendation that the hotels/motels begin remitting
funds to the City on a monthly basis in order to deal with the
problem of a hotel closing or declaring bankruptcy and the
associated loss of funds. In return, the hotels/motels would
be allowed to retain 1% as a collection fee. A "cap" or limit
on funding was discussed with the different entities.
originally it was suggested that the "cap" be operational at
2-3 years into the five year term. An alternative suggestion
was funding via allocations on designated percentages as
provided in the contracts.
Council Member Alexander stated that the designated percent in
the contract would be allocated based on the one cent
originally received. For example, in the first year of the
five year contract, an organization would receive the full
amount of what one cent would generate. The second year, it
would receive 98% of the amount of what one cent would generate
and the third through fifth years, receive 95% of the amount of
what one cent would generate. That would create a modest
reserve fund for the City to use first to help off-set any
reductions from the previous year's budget. If there were any
reserve funds remaining, they could be used as increases to any
agencies needing such. The percentages were proposed and could
be altered as Council so desired. The Arts Council would not
be able to use such a formula as legally it could not receive
funds in excess of the one cent figure. The Committee was
recommending that the Arts Council not lie placed under that
kind of a formula but rather receivo the full 100% of one cent
for all five years. Alexander also felt that a convention site
was still needed either through a C1P project or some other
alternative. Many groups would benefit from such a site and
suggested a committee be formed to look at the issue.
w Council Member McAdams expressed concern for the two year
contract for the renovation project. A tract of land needed to
be sold which was slowing down the project. What would happen
at the end of the two years. She felt that the funds should
not be decreased until the project was done and dote well.
Council Member Alexander replied that the City had had a
commitment to the project for several years and that it
probably had been extended longer than originally considered.
A two year limit was set as a way to make a positive statement
to get the project finished.
Consensus of the Council was to have staff prepare the contract
and send them out for a response from each group. If serious
! questions were raised, a public hearing may be considered. if
no questions were raised, the contract would be ready for
Council consideration.
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1 Page 3
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3, The Council held a discussion regarding a report from
the Planning and Zoning commission concerning the Sign
Ordinance.
i
Frank Robbins, Executive Director for Planning, presented the
following issues and related suggestions:
1. Portable Signs - weakening of existing portable
sign provisions would be inconsistent with the community's
values. No further study or ordinance amendment necessary.
2. Sign size and height - no further study
necessary. The existing standards were consistent with the
region's. Amendment would slow the process of (a) eliminating
sign clutter and (b) more effective, less costly signage.
3. Transition, or phasing in lower standards over
time - no further study necessary. Many legal, administrative,
and equity problems would arise.
4. Special Sign Board with broader authority -
' further consideration warranted.
5. Measuring the height of a sign - further study
warranted.
6. Changing the face - the degree to which changing
the face of a sign, letters, or figures on the face, or
I f supporting structure of a non-conforming sign would require
compliance with all rign ordinance standards further study
warranted.
7. Non-substantive clarification - desirable.
` S. SDHPT certification standards - should be added.
9. No amendment for year(s) statement - further
analysis warranted. 3
Mayor Stephens asked if Highway 300 might be treated in a r
different manner as it was more highway in nature than other
i' streets in the city.
r ! Robbins replied that the Planning and Zoning Commission had
i # looked at that issue and felt that it should stay the same and
keep the height and size requirements currently listed.
Mayor Stephens gave an example of the Chevron sign that was
being re uested on University. A six foot sign was too small
` for a malor highway with parked vehicles at times blocking such ;
a sign.
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City of Denton City Council Minutes
February 6, 1990
Page 4
Council Member Boyd stated that there was a stop sign there and
that the speed was slow enough so as to be able to aee that
size sign.
h Mayor Stephens stated that he had been asked about the
possibility of changing the sign at the Denton High School.
What would be the requirements if the sign were to be updated.
Robbins stated that they probably would need a six foot high
sign and possibly put plastic/glass on the front so that the
letters would not be accessible.
Consensus of the Council was to proceed along the suggested
lines of the Planning and Zoning Commission.
Items 84 and 85 were not considered during the Work Session but
were considered during the Regular session.
The Council then convened into the Regular Session at 7:00 p.m.
in the Council Chambers.
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PRESENT: Mayor Stephens; Mayor Pro Tem Ayer; Council
Members Alexander, Boyd, Gorton, Hopkins and
McAdams.
ABSENT: None
j 1. Presentation of a proclamation "Broncos Against Drugs
M A.D.) Week", February 12-16, 1990.
j Mayor Stephens presented the proclamation to representatives of
{ the Student Council and Leadership Class at Denton High School.
2. The Council considered a
appreciation for John J. Marshall, approval of a resolution of }
The following resolution was considered:
I
NO. R90-003
RESOLUTION IN APPRECIATION OF JOHN J. MARSHALL
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t Gorton motioned, Alexander seconded to approve the resolution.
On roll call vote, McAdams "aye," Alexander "aye," Hopkins
"aye," Gorton "aye." Ayer "aye," Boyd "aye," and Mayor Stephens
"aye." Motion carried unanimously.
3. The Council considered approval of the minutes of the
Regular Sessions of December 5, 1989, December 19, 1989, z
January 2, 1990, and January 16, 1990 and the joint session of
January 10, 1990.
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City of Denton City Council Minutes
February 6, 1990
Page 5
Mayor Pro Tem Ayer noted two typographical errors on page 4 of
the December 19, 1990 minutes and asked for a correction.
Council Member Hopkins requested that a correction be made in
the minutes of January 10, 190 to reflect that she stated an
Over "65" exemption and a "historic exemption".
Ayer Motioned, McAdams seconded to approve the minutes as
amended. Motion carried unanimously.
4 The Council received a citizen's report from Mike '
Wiebe, Jim McDonald, Mark Hughes, Rich Slivocka, and Charlie
Boston of the Denton Area Little League regarding
co-sponsorship of two baseball leagues.
Mayor Stephens stated that only Mike Wiebe, Rich Slivocka and
I Jim McDonald would be speaking per the request of citizen's
f group.
Jim McDonald, Director of the Denton Area Little League, stated
that he would be speaking about the problem from the Board's
perspective, Rich Slivocka would be making a general statement
on behalf of the Little League, and Mike Wiebe would be
presenting the benefits of Little League for Denton. He asked
what had happened to cause Denton Area Little League to come ~
before the City Council. Some were saying that it was because
f _ one or a small group of individuals mistakingly assumed that
everyone in Denton wanted only one organization for youth
baseball although no compelling reason had been 3
some were saying it was becase the Parks Boardt madetha
premature decision without considering all the taxpayers and
citizens of Denton. Regardless of the reason,
t beginning in January 1990 had caused the Denton Arthe events
ea Little
League Board to discuss and debate its role in area youth if
baseball. After much discussion, the Board of Directors for
the Denton Area Little League had come to agree that multiple
baseball youth sports organizations were in the best interests
of all the children and taxpayers in the City of Denton. The
practical result of this conclusion was that all reputable
` youth sports organizations in the City should be given equal
access to City facilities for both practices and games. He
r recommended multiple organizations for the following reasons;
(1) historically, the existence of only one youth baseball
program had created problems which led to the creation of both
the YMCA programs and the Denton Area Little League; (2) he
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elt that the taxpayers of Denton and their children should
have
wishedt to afghitlito choose
youth baseball program they
with, (3) which given the recent
the youth baseball growth in all
~ C the next tan programs and given the projected growth over ~
years for the City of Denton, the demand for
multiple youth sports organizations would grow. It would
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City of Denton City Council Minutes
February 6, 1990
Page 6
require the efforts of all the organizations to meet this
increased demand. He did not want the Denton Area Little
League to be the only youth baseball organiza.ion in the City,
just as he did not want Dixie Boys Baseball or the YMCA to be
the only youth baseball program. He wanted the youth of Denton
to have a choice. He hoped that the Council would go on record
for the establishment of a policy which supported multiple
youth sports organizations and the equal access to all the
City's baseball facilities for all such reputable programs.
Rich Slivocka, stated that he was here due to a recent Park
Board recommendation to co-sponsor only one baseball program in 1
Denton - Denton Boys Baseball. It was felt as parents that the
Little League program was the one they chose to follow. They
were here because 350 of the Denton community youth wanted to
play Little League baseball. He read a portion of the minutes I
from the Park and Recreation Board meeting of January 5. 1967. 1
He stated that the Denton Area Little League had grown from 12
teams to 27 in 1989. It provided a T-ball program in 1989 at
the recommendation of the Park Board staff and attracted 112
boys and girls. As the figures indicated, Little League was
the choice of approximately half of the total youth community
and their families who participated in organized baseball
programs played on City owned fields. He felt that the Parke
E Board recommendation to sponsor only one program in Denton had
fE no merit. He asked what kind of investigation was done. Was
the comparison sheet of the two programs the final factor in
the decision - were the rules and regulations of Little League
looked into by the Parks Board. How did the Parke Board
deteimine that one program would be in the best interest of all 'i
involved, who was responsible, according to Park Board minutes
of November 20, the first person to propose the forming of one
league and why. As a concerned parent and past Board Member of
the Denton Area Little League, he felt those questions needed
to be addressed. He felt that there was one solution and that
was to leave well enough alone. He was not asking the Council
to make a decision as to which program should prevail in the
City but was asking equal distribution of fields be given to
both programs according to the number of members in each.
There should remain a choice.
Mike Wiebe presented the history of the Denton Area Little
League and the basic philosophy of that organization. He
stated that the program (1) was committed to safety, (2)
offered a variety of support materials, (3) provided specific
rules to protect and promote the emotional and physical
development of all participants, and (4) offered a balanced
system of play. He did not believe that the existence of more
than one youth baseball program in Denton to be
counterproductive. Both programs continued to grow. He stated
that they were only asking for playing field availability in
order to conduct one of the youth baseball programs in Denton.
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February 6, 1990
Page 7
Mayor Stephens thanked the speakers and stated the Council's
practice was not to put an item on an agenda for action the
first time it was heard. This would allow staff to research a
particular problem after presentation by a citizen. He asked
if Council would like to hear from Roy Appleton III
representing the Park Board for background information.
Roy Appleton III, member of the Park and Recreation Board,
stated that the Board had met on several occasions with
representatives of both groups. It was generally agreed upon
that the two programs were very similar and the merits of each
group had been compared. They had come to the Parks Board
unable to resolve any sort of unified approach to the program.
In several of the meetings, it was agreed mutually by both
sides, that one program for the City would be best for the
players. The problem was which program to choose. On several
occasions, the Park Board suggested the two organizations meet
and try to resolve the problem. The organizations met several
times and were unable to resolve the problem. They had asked
tho Park Board for guidance and direction. He felt that the
Park Board did not have any interest in which organization was
f selected. The Board's interest was that there should be one
organization for the City of Denton. The Board's feeling was
{ that perhaps that should go beyond baseball to all sports. One
iJ umbrella organization to oversee youth athletics.
Council Member McAdams stated that she failed to understand why
in a city as large as Denton, it was necessarily good to have t
one organization. The City was highly computerized and it
should be easy to determine how many children were enrolled in
the programs and then divide the playing fields based on the
number of children. j
Appleton replied that the Council needed to hear the other side
of the issue which needed to be presented by the Denton Boys
Baseball. From the City standpoint, there was an efficiency
issue with field maintenance, field scheduling, etc.
Council Member McAdams replied that she still failed to see why
E the one umbrella operation was so necessary.
Council Member Boyd asked why it would be in the City's
interest to have only one organization.
Appleton replied from a simple standpoint of field maintenance
and organization of scheduling of umpires as well as competing
for players which would be detrimental to a unified approach to
youth athletics. Both sides had met with the Park Board on two
occasions and the general agreement was that it would be in the
best interest to have one organization. That point of view
might have changed from some people's perspective but that wee
agreed upon. The only stumbling block was which organization
to affiliate with.
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February 8, 1990
Page a
Council Member Hopkins did not think it was the Council nor the
Park Board's place to tell citizens which organization to
participate in. Scheduling Headed to be done on a percentage
basis by the number of boys. Little League was known not only
ar city-wide but also state-wide, nationally and internationally.
Youth/parents needed a choice.
Appleton replied that the Parks Board was not trying to deny
anyone the ability to play.
Council Member Hopkins replied that they were being denied
access to the fields. She stated that she was sympathetic to
the Little League and felt that they did have a case.
Steve Brinkman, Director of Parks and Recreation, stated that
the co-sponsorship involved Parks and Recreation providing one
group in the city - Denton Boys Baseball - practice and game
fields as the first priority. They would not pay for the
fields but would pay an administrative fee. Any fields left
over after they had scheduled their practice and game times
would then be made available for rent to the Little League
program. Both organizations would play, it was Just that one
would have cc-sponsorship and would not have to pay the rental
tee. The other one would not have co-sponsorship and would
have to pay a small rental fee in order to play. Each group
would have essentially the same number of people this year as
they did last year. They would need the same amount of game
1 times as they had last year. The biggest effect would be in
the area of practices because there were very few fields for
1 practice for the youth right now.
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Council Member Alexander asked Brinkman to describe how the {
fields were scheduled last season.
Brinkman replied that after each group had scheduled their
particular registrations, they came to the Parks Department
with a number of players and a number of teams that they had.
The Parks Department then worked in the fields based on the
number of players that they had.
f( Council Member Alexander asked if both groups were given
essentially an equal access and that neither of the groups was
charged a fee for using the fields.
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Brinkman replied yes they both had equal access and that they
did not pay a rental fee but did pay an administrative tee.
Council Member Alexander asked Brinkman to describe the number
I of available playing fields for youth baseball for the present
season and long-range plans for availability. He felt that a
I j good part of the solution might be to create more fields.
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February 6, 1990
Page 9
Brinkman replied that all the groups in town shared six fields
at Evers Park and three fields at Mack Park for a total of nine
fields for all age groups. When the developments were made out
of the last bond issue at Evers Park, four unlighted fields
would be lighted for a total of six lighted fields there. Two
additional fields would be constructed at Evers Park also.
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Council Member Alexander asked for the schedule relative to the
construction of the extra fields.
Brinkman stated they should be done by the summer of 1991.
Mayor Pro Tem Ayer asked if currently at Evers Park, there were
six fields but only two were lighted.
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Brinkman replied yes that there were four unlighted fields and
two lighted.
Mayor Pro Tem Ayer asked what percentage of the playing was
done under lights.
Brinkman replied that a very small percentage of playing was
done under lights because there were only two fields at Evers
r with lights. The percentage of playing at Mack Park under the
lights was a great deal higher because all three of the fields
were lighted. 5
i Council Member Boyd asked what was the City's interest in
having one league other than the fields.
Brinkman replied that they were interested in trying to have a
good quality program. At the present time, both programs that
used the fields were stretched for game time and for practice 7
I time. 6o that both programs, because of the limited number of
fields, were really not doing the best job providing practice
time. By identifying one organization that would be
co-sponsored by the City, it would give that organization the
ability to at least come up with a set schedule that would meet
the demands of the practice fields and would allow that group
to meet its national standards. Both of the groups now had to
have waivers from their parent organizations because they
E couldn't field enough teams to meet the standards that were
required by their national organizations. The area that was
j really pronounced was in the older age groups. After age 13,
} there were very few teams because there were very few children
1 in that age group which provided for very strong competition
tt for the children between the two organizations. It there were
` E three or tour teams in one program and three or four in
I t another, to try and put them together for a larger base would
make sense.
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Page 10
Council Member Boyd stated that he understood there were too
few fields for the children. Now he was hearing that there
wasn't enough children to fill out the leagues. He envisioned
that with a co-sponsored league and assuming that the children
still wanted to play baseball, that they would affiliate with
the co-sponsored league. That being the case, there would
still be the same number of children playing and the same
number of fields in use. He was having trouble seeing how one
league would help the situation.
Brinkman replied that one league meeting the needs of the
citizens which was co-sponsored should be an adequate amount of
support and additional leagues would have to work on their
own. The Board and tho City would recognize one program as the
City sponsored program and that any other programs would be
permissible but not under the auspices of the City.
Council Member Boyd stated that one argument that carried some
weight was that the two organizations had different size fields
so that it was difficult for the groands keepers to prepare for
both leagues. That had not been mentioned and the problems
that had been mentioned were not persuasive.
Brinkman replied that the field maintenance w&s an area that
had to be dealt with on an on-going basis. That was an effect
nn the Department but not a major effect.
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Council Member McAdams stated that unless the City expected
that some children would choose not to play because they did j
not like the rules of the organization that was established, it
seemed to her that the same problem would exist. There were be
"x" number of children playing and "x" number of fields
available. She couldn't see any compelling reason to say to
people there must be oiie organization. Tha City was not paying
to have Little League and it was not costing the City anything
to have them play. Unless there was a compelling reason not to
have a choice, she did not see why it has being done.
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Council Member Hopkins stated if there were going to have more
playing fields by next year and a couple mote at Denia this
year, what was the utatter in following the same program that
was followed this past year and let both teams play. If the
only reason was the playing fields, the samo number of children
would be playing no matter if thorc were one, two or three
leagues. Schedule as was done last year and next there would
be more fields. Do not give an advantage of one over the
I other. Even though it might be a wonderful ideal to have an
umbrella organization and no one competed anymore, that was not
life end was not the way it would be. Let the teams play this
year on exactly the same basis they had been playing. See if
` the additional fields doesn't solve the problem.
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February 6, 1990
Page 11
Mayor Stephens stated that additional information was needed
concerning the effect if there were no change and the effect if
there was a change. That information included the availability
of fields, inquire if the schools would allow practice on their
fields, the possible use of the park of Teasley, and more
information on an all-sports umbrella advisory board to see how
it would affect baseball programs in general and this
particular interest.
Council Member Gorton asked that a decision be made as soon as
possible and not be sent back to the Parks Hoard as they had
already heard all of the information.
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5. Public Hearings
A. The Council held a public hearing and considered
adoption of an ordinance extending the moratorium on the
establishment of sexually oriented businesses. (The Planning
and Zoning Commission recommended approval.)
The Mayor opened the public hearing.
No one spoke in favor.
i No one spoke in opposition.
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The Mayor closed the public hearing.
Frank Robbins, Executive Director for Planning, stated that at
the end of the 180 day process that the Plalining and Zoning
Commission had been in to draft an ordinance for the council Co ~ I
consider, two court cases came to light which impacted that
ordinance. The Planning and Zoning Commission was recommending
that the moratorium be extended for ninety days in order for
staff and the Planning and Zoning Commission to take into ?
! account the ramifications of those two court cases on the draft
s ordinance.
Council Member Hopkins expressed concern about the legal
position the extension would create in regards to due process,
{
City Attorney Drayovitch stated that a moratorium had been
legally upheld fcr reasonable amounts of time to give the
Council or governing bodies an opportunity to fully study an
Issue and make a thorough recommendation. It was het
understanding that the first moratorium was imposed in August.
When the request had been made to her office, she urged that it
be expedited so as to be beneficial to all parties. With the
question of extending the moratorium another ninety days, court
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City of Denton City Council Minutes
February 6, 1990
Page 12
cases had been upheld for a moratorium that long and other
i cases they had felt that that amount of time was not
reasonable. Giving the circumstances, there was a
recommendation from the Commission and staff in that regard
that would go a long way towards convincing a court. She
recommended that it not take ninety days and be done as soon as
possible.
f Lloyd Harrell, City Manager, stated that the Planning and
Zoning Commission had completed the drafting of an ordinance to
be submitted to Council. That would have occurred at the
y prevent meeting or at the prior meeting to begin public
hearings and consideration of action. Unfortunately, that was
1 the same time that the Supreme Court issued an opinion
regarding the Dallas ordinance which called into some
unconstitutional questions, some of the items in the Dallas
ordinance, Some of those same provisions were in the proposed
ordinance from the Planning and Zoning Commission. It was the
{ Planning and Zoning Commission and staff that Celt that time
was needed to work through those issues and redraft the
ordinance. If the moratorium were not extended, there would be
1 no guidelines for those types of establishments. 7
' Council Member Hop A ns replied that it should be taken into
account what the Supreme Court said and perhaps some type of
I due process clause should be added.
Council Member McAdams asked if the Supreme Court would allow a
moratorium that did not take into consideration due process
even though the ordinance drafted included it.
City Attorney Drayovitch replied that when a moratorium was f
adopted, the effect was to deny a person/business that use for i
r the period of the moratorium.
Council Member McAdams asked that if it were a moratorium, did
due process have to be provided for. 1
Cit/ Attorney Drayovitch replied that if Council Member McAdams 9
were referring to the Dallas Supreme Court case, that it was a
d1fterent issue and did not apply to a moratorium, some of the
J legal principles might apply. There had to be a very good
reason to suspend that kind of development. a
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! Mayor Pro Tom Ayer asked if any development of a sexually
oriented business had been held up due to the moratorium, ;
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Robbins replied that it was difficult to answer in that staff
had received calls regarding the moratorium but no one had
actually asked questions in regards to opening such a business.
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City of Denton City Council Minutes
February 6, 1990
Page 13
The following ordinance was considered:
NO. 90-016
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 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 NINETY
DAYS; AND PROVIDING FOR AN EFFECTIVE DATE.
Council Member Gorton added that further hupport of extending
the moratorium was the fact that no one spuBe in opposition to 1
the extension even though it was a published public hearing.
Gorton motioned, McAdams seconded to adopt the ordinance. On
roll vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens
"aye." Motion carried unanimously.
6. Consent Agenda
I
McAdams motioned, Ayer seconded to approve the Consent Agenda
as presented. Motion carried unanimously.
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A. Bids and Purchase Orders:
1. Bid #1049 - Cold Drinks V
2. Bid #1051 - Tree Trimming for Miscellaneous k
Electrical Lines d
3. Bid #1053 - Padmount Transformer 500 KVA t
4. Bid #1054 - IBM Equipment Maintenance I
5. Bid #1059 - Police Sedans
6, P.O. 094870 - Motorola
j 7. P.O. #94871 - Motorola
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City of Denton City Council Minutes
February 6, 1990
Page 14
B. Tax Refunds
1. Considered approval of a tax refund for
James L. Penton, Jr.
r, C. Plats
1. Considered the preliminary plat of the
Liesberger Addition; Lot 1, Block A. The
plat was located northeast of Interstate
35-E and west of MK&T Railroad between
Pockrus Page Road and Shady Shores Road.
(The Planning and zoning Commission
recommended approval by a vote of 6-0.) rj
2. Considered the preliminary plat of the East
Oaks Addition: Lots 1-18, Block As Lots
1-26, Block B; Lots 1-20, Block C; Lots
1-16, Block D; and Lots 1-12, Block E. The
plat was located north of McKinney Avenue,
east of Audra Lane and accessed via Oak Tres 1
Road, (The Planning and zoning commission
recommended approval by a vote of 5-0 at its
meeting of January 24, 1990.)
7. Ordinances !
A. The Council considered adoption of an ordinance
accepting competitive bids and providing for the award of r
contracts for the purchase of materials, equipment, supplies or
services. (Bid #1049, Bid #1051, Bid #1053, Bid 01054, Bid
#1059)
The following ordinance was considered;
NO. 90-017
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. i
McAdams motioned, Gorton seconded to adopt the ordinance. On s
roll vote, McAdams "aye," Alexander "dye," Hopkins "aye," 1
Gorton "aye," Ayer Ilaye," Boyd "aye," and Mayor Stephens
"aye." Motion carried unanimously.
` B. The Council considered adoption of an ordinance
providing for the expenditure of funds for purchases of
F materials or equipment which are available from one source in
accordance with the provisions of state law exempting such
` purchases from requirements of competitive bids, (P.O. #94870,
P.O. #94871)
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February 6, 1990
Page 15
The following ordinance was considered:
NO. 90-018
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS
FOR PURCHASES OF MATERIALS OR EQUIPMENT WHICH hrE
E 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.
Ayer motioned, Garton seconded to adopt the ordinance. On roil
vote, McAdams "aye," Alexander "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
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 j
Hydroelectric Project, and providing for the expenditure of
funds therefore. (The Public Utilities Board recommended
approval).
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Bob Nelson, Executive Director for Utilities, stated that this 4
was an interchange agreement with the Brazos Electric ,
Cooperative. They had a substation near the site of the
hydroelectric plant and the City would be building a
distribution line up to that substation. The agreement allowed
the City to pay for the equipment and also allowed for an
t
t interchange agreement.
The following ordinance was considered:
NO. 90-019
1 i
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AGREEMENT
BETWEEN THE CITY OF DEN10N AND BRAZOS ELECTRIC POWER
t COOPERATIVE, INC. TO PROVIDE FOR THE INTERCHANGE OF
ELECTRICITY PRODUCED AT THE LEWISVILLE PHYROELECTRIC
PROJECT; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE.
Ayer motioned, McAdams seconded to adopt the ordinance. On
roll vote, McAdams "aye." Alexander "aye," Hopkins "aye," i
Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens
j "aye." Motion carried unanimously.
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City of Denton City Council Minutes 1
February 6, 1990
Page 16
g, Resolutions
A, The Council considered approval of a resolution
suspending the proposed effective date of the proposed rate
ctric
schedules and service tregulations f Texas lesities Ese[vice '
Company: providing the rate sched and
regulations of said company shall remain unchanged during the
said
period of suspension: fthisd municipality ewirh6erespectntto of
governing body ody
proposed rate schedules and service d finding and determininggthat
notice hecoL to said company: and
meeting at which this resolution is passed is open to the J
public as required by law.
John McGrane, Executive Director for Finance, presented his tha Work 10.2% mr to material.
c et mere U The lectCirictywasof
increase toe itsstated
seeking _
re
Chet customers i thatl reside over TU citylelimits ratThere rweall
with the request, (1) the City
four alternatives for dealing
could exercise its right of original Jurisdiction and hear the
rate case, (2) the City could give up its original urisyiction
to the Public Utility Commission of Texas. (3) the Culd
go ahead and allow the increase and refer it to the Public
Utilities Commission of Texas and It the Public Utilities i
then the Utility
Commission of Texas did not increase the rate.
Company would have to refund the increase back to the t '
customers. (4) the City could suspend the rate schedules and '
service regulations for ninety days and keep the same rates
that were currently in effect during the period of suspension +
and then it would be the City's intent to refer the matter to
the Public Utilities Commission of Texas and accept the same
rate
*commendingg a asus4 nsion ofg the irates hfort ninety days Staff [ which
i would allow the City sufficient time to review the matter.
4
es for s ninety that Sshe did not see he did not wanttto givefup ~
Council Member
to hold the e rates for Y days
the City's tights to control rates in the future but the City
was not going to argue with Texas Utilities over the rate, She
was in favor of retaining the jurisdiction and allow the rate
to go into effect.
Debra Drayovitch, City Attorney, stated that the original staff
allow the
its b any recommendation had. was
concecned n withidlanguage dinisthe
the P
attas it orneys some
Ian uageen She that hadasmetprovided
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City of Denton City Council Minutes
February 6. 1990
Page 17
Mayor Pro Tem Ayer asked how many customers Texas utilities had 1
within the City of Denton.
James Loveday. Local Manager for Texas Utilities, stated that
there were about 830 customers.
Y„yy Council Member McAdams asked Loveday if the 90 day suspension
was a problem for Texas Utilities.
Loveday replied that typically the cities they served were
taking three forms of action - approve the request, deny the
request or suspend any action waiting for action from the
Public Commission.
Commission adoptod when they approve
rates Public the Utility
their study of the proposrd increase.
The following resolution was considered:
NO. R90-004
A RESOLUTION SUSPENDING THE PROPOSED EFFECTIVE DATE OF I
THE PROPOSED RATE SCHEDULES AND SERVICE REGULATIONS OF
OF TEXAS UTILITIES ELECTRIC COMPANY; PROVIDING THAT
THE RATE SCHEDULES AND SERVICE REGULATIONS OF SAID
COMPANY SHALL REMAIN UNCHANGED DURING THE PERIOD OF
SUSPENSION; DECLARING THE PRESENT INTENT OF THE
GOVERNING nODY OF THIS MUNICIPALITY WITH RESPECT TO +
SAID PROPOSED RATE SCHEDULES AND SERVICE REGULATIONS;
PROVIDING FOR NOTICE HEREOF TO SAID COMPANY; FINDING 3 f
AND DETERMINING THAT THE MEETING AT WHICH THIS ll
RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED
S BY LAW; AND PROVIDING FOR AN EFFECTIVE DATE.
Alexander 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.
9. Miscellaneous matters from the City Manager. p
Lloyd Harrell, City Manager, presented the following items!
A. A follow-up meeting was held with the Denton
Independent School District, Denton County and the City
regarding the tax abatement proposal. The committee
recommendation was that the three agencies hold a joint public
hearing prior to taking official action on the policy. A
suggested date was March 29th to be held at the school
t Administration Building.
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After i
stathat ted he t
s would secure
uitableslate land City wManager decided Harrell that
an alternate date.
City of Denton City Council Minutes
February 6. 1990
Page is
B. A quarterly sales tax report was presented to
Council (Exhibit A). The January check for the City was down
but staff was waiting for the February check before making any
conclusions regarding a trend.
C. hto several Council Marchr 6th Council meeting.
it was suggested
A suggestion had been made to hold tho meer.ing on the 27th of
February
reschedule opposed the meeting h to March 13th. of the Council
was to
Work Session Item N5 was considered.
5, The Council held a discussion ce{,arding the sale of
excess electric capacity to Farmersville ant College Station.
' Bob Nelson, Executive Director for Utilities, stated that the
College station contract was a total requireme.►ts contract as h
was the Farmersville contract, That meant that the City of
Denton had to provide service 24 hours a day every day of the
year whatever the load might be. That was in contrast capacity
sale of excess capacity in which the City provided
during the peak summer months. The College Station contract
had an obligation at 110 megawatts and would be effective
January 1. 1992. The contract would go through the end of 1995 4
with an option for College Station to participate with the four
cities and other TMPA or other joint action agency gen
The rate was 111.78 per kw per month. Net profits (total
4 revenue less variable coats) would be approximately $8-10
C million with Denton's share approximately 131 or $1-1.3
million. Thare were two transmission lines coming now from
Gibbons Creek to Bryan.
Council Member Alexander asked it College Station had the
option to join with TMPA in the consideration of a new
production facility, would that make college Station a co-equal
partner with the other original cities of 12MPA or (lid it make $ 1
them a co-equal partner on a percentage basis only on the new
production facility.
Nelson replied only in the now production facility. The
existing Gibbons Creek unit was a project which was the domain t +
of the four original cities.
Council Member Alexander asked about the structure of the TMPA
Board. There would
participating members cities~t Wothat oard, uld there beo a from
each of the four new
board or would there be two separate boards. i
Nelson replied that it had not been firmly established but it
was anticipated that there would be two separate boards. II
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February 6, 1990
Page 19
Council Member Alexander stated that he would be concerned if
the original board were changed to include representatives r
from College Station. The existing four citieu were diverse
and separated geographically which was an advantage for making
good policy as a TMPA Board. He would be concerned about a
TMPA Board with ten board members, two which would be from
Bryan and two from College Station.
Nelson continued that the Farmersville contract was almost
identical to the College Station contract except that it was a
smaller amount. They also had the option to buy in. The
bought ffin. ive Se DDenpteonmb'sers25ha,re19would90 13%8 of
until ac they would
approximately 5 megawatts.
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The Coueeil. returned to the regular agenda order.
10. There was no official action taken during the Work
Session Executive Session. a
11. New Business
The following items of New e+tsiness were suggested by Council '
Members for future agendas:
A. council. Member Gorton requested that the Little
League issue be placed on agenda in the near future.
City Manager Harrell stated that he was going to suggest the
report from Steve Brinkman requested by the Mayor be placid on
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the next Work Session.
Mayor Stephens elated that Bill Holt had suggested that Boys
Baseball. Inc. be on the agenda for tits next meeting. The
Mayor had informed him that he needed to contact the City
Secretary to be placed on the agenda.
B. Council Member McAdams asked for a report on what
s it was exactly the Park Board was looking at and why in regards
to other sports ventures.
12, The Council convened into Executive Session to discuss ss ti
legal matters (considered action in Denton County, City u
1 As: Flow, considered a settlement proposal in Smithe:s yju
j ULy and considered authorization to institute legal action
regarding the Martin Luther King, Jr. Rota n Center). dreal
estate and board/personnel appointments (consered
appointmento to the Building Code Advisory Board and the Cable
T.V. Advisory Board.)
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City of Denton City Council Minutes
February 6, 1990
Page 20
No official action was taken.
With no further business, the meeting was adjourned at 10:02
0
RAY STEPHENS, MAYOR
t CITY OF DENTON, TEKAS
i
E JENNIFER WALTERS
CITY SECRETARY
I CITY OF DENTON
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a CITY OF DENTON CITY COUNCIL MINUTES
FEBRUARY 20, 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 Alexander, Boyd, Garton, Hopkins and
Mr%Adams.
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ABSENT; Wone
1. The Council convened into Executive Session to discuss
legal matters (considered action in nnnr,+n County vs City and
1J Re; Flow), real estate (discussion regarding a potential
land acq,lsition for City space needs), and personnel/board
appointments (considered appointments to the Building Code
Board and the Airport Advisory Board).
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The Council then convened into Open session. y
10 The Council received and discussed a report and
considered giving staff direction regarding co-sponsorship of
baseball leagues.
Carl rChaiK-Pack byatad that the
o concerned ~
'
cit son. As the issue developed, it was felt that both leagues
wanted to form a unified group for youth baseball in Denton.
Negotiations were conducted by the two groups with no t
conclusion because of the affiliation of the groups. On
January 8, 1990, the Pack Board asked both sides if there was a
need to unify and form one group and the reasoning for that
I unification. The Park Board agreed with the groups that there i
EE needed to be one group. Both groups wanted the Pack Board to ;
E decide on the affiliation with the City. The Park Board did ;
not wish to make that decision because they felt in the best F
interest of the children that the groups should reach a !
compromise group was were appointed but
decision continue jointly. Members A from each
approval was still needed ry both boards. The Boys Baseball
Board approved the agreement but the Denton Little League did
not approve the agreement. At the January 22, 1990 Pack Board
meeting, the two groups were still stating that one unified
group was in the best interest of the children but that they
could not reach an agreement. At that point, a motion and
second were made at the Park Board meeting that the
Boy's for Denton
was still Baseball. trying w
Baseball Boys
spt that City be
his understanding to
negotiate. It was still the Pack Board's stance that there
needed to be one group.
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City of Denton City Council Minutes
February 20, 1990
Page 2
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Mayor Stephens stated that requests had been received from
Denton Boy's Baseball and Denton Area Little League to speak at
the Council meeting. As the item was already placed on the
Work Session, he felt that this would be the best time to do so.
3ary Matheson, representing Denton Boy's Baseball, stated that
I they supported the recommendation of the Park and Recreation
Advisory Board. Their organization had always been willing to
compromise, Ile presented background information on the
events. At the beginning of the negotiating meetings, he
stated that the purpose of the meetings would be to work out
the groups differences and get them back together. During the
third negotiating session, Little League presented a proposal
which was to affiliate with National Little League for twelve
and under and Dixie Baseball for thirteen and up. Further,
Denton Youth Baseball Association, would be formed with both
organizations donating equipment and other assets to the new
organization. A board of directors would be formed with
current members of each organization being appointed. It was
noted that Denton Boy's Baseball was affiliated with Texas
Teenaqu Baseball, not Dixie Baseball. Denton's Boys Baseball
submitted two proposals. One proposal was to affiliate with
Texas Teenage Baseball for twelve and under and Dixie Baseball
for thirteen and up with the same proposal for reorganizing the
board of directors as was proposed by Little League, The
I second proposal was to form a board under a new name and in a
accordance with the ideas presented by both prior proposals but
not to affiliate with any organization for the upcoming
season. Denton Boy's Baseball felt under the latter
i arrangements, a year of working together would help rebuild
relationships. After this first year, the board would decide
which affiliation the one organization would pursue. The
Denton Area Little League did not accept either of the
proposals and indicated that nothing would be acceptable which
did not include affiliation with National Little League. In a
final attempt at a settlement after a request from the Parks
Board, Denton Boy's Baseball made a proposal to play Little
League for twelve and under and Dixie for thirteen and up for
the first year, 1990. The second year, 1991, play Dixie for
twelve and under. The third affiliation would be determined
r after comparing the two organizations and determining !•!hich
would be in the best interest of the children. Denton Area
Little League did not accept the proposal and had no other
I solutions to the problem. He noted that both organizations
agreed that if a solution could not be reached, the Parke Board
I should make the decision. At the second meeting with the Parks I
Beard, Denton Little League representatives changed their
position stating that Denton needed an alternative program and
that Little League was an excellent program as it provided a
more structured set of rules. He listed several questions he J
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City of Denton City Council Minutes
$ February 20, 1990
Page 3
felt the Council needed to ask the Little League among which
were why did Little League agree to negotiate if it felt more
than one one program was best. He requested that the Council
support the decision made by the Parks Advisory Board.
Jil Mike Wiebe, representing Denton Area Little League, stated that
the Little League had met with Boy's Baseball as a positioning
procedure. The Little League had made a proposal which was
rejected by Boy's Baseball and Boy's Baseball had countered
with two proposals. Litt.a League felt that neither proposal
would be beneficial to Little T.aague or the youth of Denton due
to the lack of affiliation which %hey interpreted as a lack of
playing structure. He had yet to hear a substantial reason or
I( a logical reason why one ^r.ganized program was beneficial. He
agreed that there could be some benefits but did the benefits
outweigh the position of choice. The Little League Board
rejected the proposal for no Little League in 1991 as it would
have meant the dissolution of Little League and they were not
willing to give up what they had fought so hard to get. He
stated that the principles on which Little League was formed
clearly offered a choice. He asked for the Council's support
and felt that Denton was big enough to support two
organizations.
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Council Member McAdams stated that in the past there were
significant complaints on how baseball was handled. It was
hard to deny that there were problems if enough people felt
strongly enough to form a new league which was entirely
voluntary and not costing the City any money. A better
approach was to try to get the existing groups playing' in a
fashion that engendered less criticism about their approaches
and then see about the possibility of having one group. She
did not see that it was necessary to have one group. She
wished that the Parks Board would sponsor both groups as they
had done in the past and work to see if they could improve the
programs.
Council Member Hopkins stated that the first time she heard of
an umbrella sports league was at the Parks Board meeting. She
felt it was a contrary position to have one baseball program
when the umbrella sports league was not formed yet. She was
not against the umbrella sports league but since it was not
done prior to the baseball season, it was unfair to not allow
play under the same conditions as last year. There would be
more playing fields this year which would help with the
scheduling. She suggested playing ball as co-sponsor and work
toward the umbrella sports league.
Mayor Stephens left the meeting.
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Council Member Boyd felt that both leagues were trying to serve
the interest of the youth and had not been persuaded that there
was a reason to sponsor only one league.
Mayor Stephens returned to the meeting.
Council Member Boyd continued that he had a problem with City
;awx5"' government saying to one league or the other that they couldn't
use the field. The umbrella organization might be able to work
out compromises with the two leagues" He felt the City should
allow both leagues to play under similar rules for at least the
current year.
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Mayor Stephens stated that he found out last evening that a
public service organization of which he was a member had
entered into negotiations with one of the groups for a long
term lease and use of property. He had not participated in
open discussions but had discussed the issue with both groups
either on the phone or in person to gather information on the
situation. He asked the City Attorney if he should turn the
t meeting over to the Mayor Pro Tem or could he participate.
City Attorney Drayovitch stated that if the Mayor felt that he
s could not be impartial, he was not required by law to file an
i affidavit but he may abstain from the vote. {
Mayor Stephens replied that he felt he could be 'npartial but
he was concerned about the sense of proprietary involved.
There might be an accusation of impropriety depending on how
the issue was settled.
Mayor Stephens left the meeting.
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argument in the long-term for a unified league structure but he
did not see any way that move could he done in the short-term. i
He felt that what was needed to do was to follow the suggestion
to continue the current year with a dual structure but that the
1 Council accept the responsibility to put some pressure back on
both groups to continue negotiations for compromise. A
deadline needed to be set which was shorter than a year from
now so that the decision would be made before the beginning of
the next year's baseball season.
Council Member Gorton stated that he was strongly in favor of
an umbrella organization. He was willing to co-sponsor two
groups with an emphasis on the scheduling of games and not
supports dual rcotsponsorship binoany rotheraleague in nylother
supp
spot.
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February 20, 1990
Page 5
Mayor Pro Tem. Ayer shared in the hope that the issue could be
resolved to the satisfaction of everyone. He felt that one of
the compromise proposals which appealed to him as to have one
league for twelve and under and one league for above twelve.
There was not time to work the problem out now for the summer
season. An interim arrangement was needed. He suggested
.r taking Council Member Alexander'c statement as a summary of the +
instruction to staff. I
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Consensus of the Council was to follow Council Member
Alexander's suggestion to continue the current year with a dual
structure but that the Council accept the responsibility to put
some pressure back on both grouts to continue negotiations for
compromise. A deadline needed to be set which was shorter than
a year from now so that the decision would be made before the
beginning of the next year's baseball season,
Council Member Alexander added that a close look was needed at {
the CIP program to see if enough had been done for the
development of recreational programs.
Work 6eeeion Items 82, 113, and 49 were not considered during
the Work Session and were held for discussion at the Regular
Session.
The Council then convened into the Regular Session at 7:00 p.m.
in the Council Chambers.
Mayor Stephens returned to the meeting,
PRESENT: Mayor Stephens; Mayor Pro Tem Ayer; Council
Members Alexander, Boyd, Gorton, Hopkins and
McAdams.
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ABSENT: None
1. The Council received a citizen's report from Don
Grimes regarding the creation of an ordinance relative to the
renting of hotel/motel rooms to juveniles.
George Grimes first informed Council that he name was George
G and not Don, He stated that with the juveniles today the
number one drug of choice was alcohol. He wanted Council to
consider an ordinance that would prohibit a motel/hotel from
renting a room to a juvenile. Anyone over the age of seventeen
would have to show proof with identification such as a drivers
license that they did not reside in Denton County or have a
major credit card to rent a room. Prom November to January 15,
he watched hotels/motels on Friday and Saturday nights and
noticed there was quite a bit of activity here by juveniles ,
having parties. He felt that such an ordinance would help the
police officers in Denton track the situation.
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February 20, 1990
Page 6
2. Public Bearings
A. The Council held a public hearing and considered
the final replat of the Audra Meadows Addition, phase II; from f
Lot 27 into Lots 27 through 47, Block A. This 3.466 acre tract 1
was located west of Loop 288, south of Audra Lane and east of
Mockingbird. (The Planning and Zoning Commission recommended
approval.)
The Mayor opened the public hearing.
I
Bud Hauptman, representing the petitioner, stated that the f
property was located on the south side of Audra Lane and was 11
the last phase of the subdivision. At one time the property
was a single lot and the replattiny would divide the lot into
21 single lots.
No one spoke in opposition.
The Mayor closed the public hearing.
Frank Robbins, Executive Director of Planning, stated that
approximately a year ago, the Council had changed the planned
development from multi-family to single-family. This was a
platting in accordance with the approved detailed plan for the
site. J1
McAdams motioned, Gorton seconded to approve the replat. On
roll vote, McAdams "aye," Alexander "aye," Hopkins Faye,"
Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens
"aye." Motion carried unanimously.
3. Consent Agenda
Mayor Stephens stated that 3.A.2. had been pulled at the
request of the staff. j
McAdams motioned, Hopkins seconded to approve the Consent
Agenda with the exception of 3.A.2. Motion carried unanimously.
}
A. Bids and Purchase Orders:
1. Bid #1058 - Pickups 6 Trucks
3, Bid #1061 - Contract Concrete work
4. Bid #1063 - Fiberoptics
S. P.O. #44969 - Lone Star Gas Service Line for
Fire Station #5
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B. Change Order ,
1. Sunmount Corporation - Bonnie Brae Paving,
Drainage b Sidewalk I I
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February 20, 1990
Page 7
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. (3.A.1. - Bid 01058; 3.A.4. - Bid #1063)
The following ordinance was considered:
` NO, 90-020
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
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"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. (3.A.3. - Bid
#1061)
The following ordinance was considered:
q
N0. 90-021
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING
FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR
IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE.
Hopkins motioned, Gorton 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.
C. The Council considered adoption of an ordinance
authorizing the Mayor to execute an agreement between the City
of Denton and Lone Star Gas Company for extending gas pipinq in
Payne Drive from Crestmoadow to Bonnie Brae in the City of f
` Denton, Denton County, Texas. (3.A.5. - P.O. #94969)
f The following ordinance was considered:
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February 20, 1990
Page 8
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NO. 90-022
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF DENTON AND LONE STAR GAS
COMPANY FOR EXTENDING GAS PIPING IN PAYNE DRIVE FROM
CRESTMEADOW TO BONNIE BRAE, IN THE CITY OF DENTON.
DENTON COUNTY, TEXAS: AND PROVIDING AN EFFECTIVE DATE. j
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.
D. The Council considered adoption of an ordinance
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. (3.B.1. - Bid
{
#9977)
The following ordinance was considered:
NO. 90-023 i
AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ,
ORDER TO A CONTRACT BETWEEN THE CITY OF DENTON AND i
SUNMOUNT CORPORATION: 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,"
Gorton "aye," Ayer aye Boyd "aye," and Mayor Stephens
"aye." Motion carried unanimously,
E. The Council considered adoption of an ordinance +
amending Section 5-3 of Chapter 5, Article I (Building Code) of
the Code of Ordinances of the City of Denton to provide for
energy conservation requirements in certain apartment
buildings; providing for a penalty in the maximum amount of
1500.00 for violations thereof; providing for a severability
clause: and providing for a repealer. (The Building Code i
Advisory Board recommende4 approval.)
The following ordinance was considered:
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February 20, 1990
Page 9
NO. 90-024
AN ORDINANCE AMENDING SECTION 5-3 OF CHAPTER 5.
ARTICLE I (BUILDING CODE) OF THE CODE OF ORDINANCES OF
THE CITY OF DENTON TO PROVIDE FOR ENERGY CONSERVATION
REQUIREMENTS IN CERTAIN APARTMENT BUILDINGS; PROVIDING
FOR A PENALTY IN THE MAXIMUM AMOUNT OF $500.00 FOR
VIOLATIONS THEREOF; PROVIDING FOR A SEVERABILITY
CLAUSE; PROVIDING FOR A REPEALER; 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.
F. The Council considered adoption of an ordinance
abandoning and vacating a portion of Underwood Street, located
immediately west of its intersection with Avenue A, as a public
street; reserving a utility easement therein. (The Planning
and Zoning Commission recommended approval.)
Rick Svehla, Deputy City Manager, stated that this ordinance {
dealt with the reconstruction and new design of the Avenue A t
and Underwood intersection to provide for more sight distance. ;
This would allow for better traffic flow.
The following ordinance was considered:
NO. 90-025
{ { AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ABANDONING
AND VACATING A PORTION OF UNDERWOOD STREET, LOCATED
E IMMEDIATELY WEST OF ITS INTERSECTION WITH AVENUE A, AS
A PUBLIC STREET; RESERVING A UTILITY EASEMENT THEREIN; }
1 AND DECLARING AN EFFECTIVE DATE.
i
Hopkins motioned, McAdams seconded to adopt the ordinance. On
roll vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Gotten "aye," Ayer "ayeBoyd ',aye," and Mayor Stephens
"aye." Motion carried unanimously.
G. The Council considered adoption of an ordinance
t providing Rules of Procedure for the City Council of Denton,
Texas; providing a severability clause; and amending ordinance
No. 51-35.
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Page 10
Council Member Boyd suggesting adding to page 4, paragraph 3.3
that no outside reading materials be brought into the Council r
Chambers. He thought that might be a good rule as it added to
the dignity of the occasion.
Council Member McAdams folt that someone attending the meeting
for one item at the end of the meeting should not have to sit
and listen attentively for the whole meeting.
The following ordinance was considered:
NO. 90-026
AN ORDINANCE9 PROVIDING RULES OF PROCEDURE FOR THE CITY
COUNCIL OF D",NTON, TEXAS: PROVIDING A SEVERABILITY
CLAUSE: AMENDING ORDINANCE NO. 81-35: AND DECLARING AN
EFFECTIVE DATE.
Hopkins motioned, Alexander to adopt the ordinance as presented
and consider at a later date the option suggested by Council !
Member Boyd. On roll vote, McAdams "aye," Alexander "aye," {
Hopkins aye, Gorton aye, Ayer aye, Boyd "aye," and Mayor
Stephens "aye." Motion carried unanimously.
H. The Co,incil considered adoption of an ordinance
of the City of Denton, approving a compromise settlement and ;
release agreement with Dianne Scruggs. p
The following ordinance was considered: f i
NO. 90-027
j AN ORDINANCE OF THE CITY OF DENTON, APPROVING A
I COMPROMISE SETTLEMENT AND RELEASE AGREEMENT WITH
I ! DIANNE SCRUGGS: AND PROVIDING FOR AN EFFECTIVE DATE.
McAda!rn motioned, Gorton seconded to adopt the ordinance. On
roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," 3
Gorton "aye." Ayer "aye," Boyd "aye," and Mayor Stephens r
"aye." Motion carried unanimously. E
i. The Council considered adoption of an ordinance
authorizing the Mayor to execute an agreement between the City
of Denton. Texas and Denton County Electric Cooperative, Inc.,
an electric cooperative corporation organized under Article
IS28b, Revised Civil Statutes of Texas for the joint use of
wood poles in Lewisville, Texas. {The Public Utilities Board
recommended approval,}
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February 20, 1990
Page 11
Ernie Tullos, Director of Utilities, stated that this was a
line to the Lewisville substation, A double circuit would be
built by the Co-op from section A-B and the City of Denton
would built a section from B-C. At some future date, the Co-op
would have the right to build on the poles from B-C. The City
of Denton would design the project and pay the Co-op for
construction.
The following ordinance was considered:
NO. 90-028
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF DENTON$ TEXAS AND DENTON
COUNTY ELECTRIC COOPERATIVE, INC. AN ELECTRIC j
COOPERATIVE CORPORATION ORGANIZED UNDER ARTICLE 1528b,
REVISED CIVIL STATUTES OF TEXAS FOR THE JOINT USE OF
WOOD POLES IN LEWISVILLE, TEXAS; AND PROVIDING AN 1
EFFECTIVE DATE. 1
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Hopkins 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 1
"aye," Motion carried unanimously.
J. The Council considered adoption of an ordinance
authorizing the Mayor to execute an agreement between the City
of Denton and the North Texas Fair Association for the payment
j and use of hotel tax revenue.
Mayor Stephens read a communication from the various rous
receiving hotel tax revenue requesting a delay in Council t
consideration until the individual boards could meet and
discuss the contracts.
Council Member McAdams asked when the contracts were sent out
to the various entities.
City Attorney Drayovitch replied Thursday morning.
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Council Member McAdams felt that there was some validity to the
request for an extension of time.
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+ Council Member klexander had no objection to an extension of
time to be able to take the contracts to individual boards but
i expressed a concorn regarding the time extension of the current
contracts, Action would not be taken on the contracts until
the middle of March.
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February 20. 1990
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Mayor Stephens stated that the Denton County Historical
Commission would be meeting March 1. 1990, the Denton County
Historical Museum would meet February 26, 1990. He felt it
would be appropriate to allow the boards to discuss the
contracts. He stated that thero was some concern regarding the
wording for the percentage allocation. The Denton County
j Historical Museum felt that if the next year amount was less
c✓ than the current year amount, they would like to receive 100%
of that year. If the next year amount was greater, then they {
would agree to the sliding scale.
Council Member Alexander stated that he would not have a
problem including the items on the March 13, 1990 agenda if
that did not put any of the existing relationships in jeopardy.
City Attorney Drayovitch replied that notice of termination was
given in September and returned to the City the first week in
October. She did not see .3 problem with an extension but did
have a concern regarding she being the one to decide whether
changes to the contracts would be appropriate. The contracts
could be placed on the March 13, 1990 agenda but they could not
remain open-ended.
Alexander motioned, Gorton seconded to agree to extend the
existing contracturai relationship: with the various entities
except for the North Texas Fair Association through March 31,
1990 and the various items relating to contract approval be
placed on the March 13, 1990 agenda. I
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Clots Vaughn, Denton County Historical Museum, suggested
presenting any reservations regarding the contracts to the
Committee before they were presented to Council.
j Council Member Alexander replied that he felt the properk
procedure would be to make any reservations known to the City
Attorney and also Council if appropriate. He did not feel it f
was necessary to return to a committee process.
Mayor Pro Tem Ayer suggested placing the items on the work
session for the March 13, 1990 agenda and also on the regular
meeting for action.
Me. Vaughn stated that they would be pleased to work with the
City Attorney. She stated that there would be a difficulty if
the proposal were presented to her board on February 26, 1990,
brought to the Council on March 13, 1990 only to discover that
it was not agreeable to the Council, then they would be out of
time.
Council Member Hopkins stated thrt the contract as presented
was agreeable to the Council so that if it were brought back
without changes, there would be no problem.
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Page 13
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Vaughn replied that it would not be brought back without any 1
changes. It would be up to the Council to decide it the
changes were substantial.
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Mayor Stephens replied that he understood that a small amount
of extra wording to the contract which was not substantive but
merely explanatory would satisfy tho Historical Commission.
City Attorney Drayovitch replied that if the wording was what
was suggested earlier, that would be a substantive change.
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Mayor Stephens stated that he thought that was the intent
earlier, not to reduce any one but to affect the percentages as
receipts increased over the years.
Council Member Alexander stated that he felt the existing
contracts as currently written clearly reflected the direction
that Council gave to the Attorney at the last work session. If
the Council was going to change position from. that content,
then it needled to be done by Council vote as a whole.
Council Member McAdams asked Council Member Alexander if he
understood that Council was saying that if the receipts were
the same, the entities would receive less.
Council Member Alexander replied that they agreed that
' I percentages would be established and that any funds that might
be generated from that allocation would go into a reserve
pool. Any entity which might find in a given year, that its a
funds fell below the previous year, that would be grounds on
I which to make a request to Council for receipt from that
} reserve pool. The purpose of the percentage allocation was to
generate a reserve. To go back to the other proposed idea was
to substantially change the nature of the who]:: contract
agreement and he was not prepared to to that.
Mayor Stephens stated that he thought they had not intended to i
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I lower the amounts but that once it stayed at that amount or I
above, then the percentage would kick in and go into the
reserve pool for special pr(-Sects either by the groups or the
the City.
Mayor Pro Tom Ayer agreed with Council Member Alexander's
interpretation of what was decided. There would be a pool and
it an entity fell short and had a legitimate need for
additional funds from the pool, then the Council might be in
p position to provide those funds. That was what he had agreed
to and was what he was prepared to sustain.
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Page 14
Council Member Boyd felt that
appropriate. If any change needed tthe maig
in l nmotiontowas
one that was fairly insignificant and one that could be made by
amendment at the next meeting,
the entities felt If it was not insignificant and
strongly enough that they would rather
Have funding than to have fu not
they could run that risk, riding under these conditions, then
Council voted on Council Member Alexander's motion. On roll
vote, McAdams "aye," Alexander "aye, Hopkins a "
"aye;" Ayer "aye." Boyd '.a
Motion carried unanimously, ye' and Mayor Stephens Cotton
The following ordinance was considered:
NO. 90-029
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN P
AGREEMENT BETWEEN THE CITY OF DENTON AND THE NORTH '
TEXAS FAIR ASSOCIATION FOR THE PAYMENT AND USE OF
HOTEL TAX REVENUE; AND PROVIDING AN EFFECTIVE DATE.
Cotton motioned, Ayer seconded to adopt the ordinance. On roll s
vote, McAdams "aye," Alexander "aye." Hopkins "aye," Gorton
"aye," Ayer "aye." Boyd "aye," and Mayor Stephens "aye.#
Motion carried unanimously.
Items 4K - 40 were not considered, i
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5. Resolutions
A. The Council considered approval of a resolution
cancelling the regular Council meeting of March 6, 1990 and
calling a Special meeting to be held March 13, 1990.
Council Member r
Boyd pointed out that March 13 was primary
mightinot beg the abendstanighlso a meeting, night. He felt it
i
The following resolution was considered:
a NO. R90-005 j
j A RESOLUTION CANCELLING THE RECULAR COUNCIL MEETING OF
MARCH 6. 1990 AND CALLING A SPECIAL MEETING TO BE HELD
i
t MARCH 12, 1990; AND PROVIDING FOR AN EFFECTIVE DATE.
Alexander motioned, Gorton seconded to approve
with an amendment to hold ;he odcial called lied the resolution
12, 1990 and ' m
any previous g on Ma
for Match 13th would be changedoto Marchnl2tother h. On roll vote,
McAdams "aye." Alexander "aye," Hopkins "a o " "
carriedaunanimously.IIayell' and mayor Stephens " yeton Moae,m
tion
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B, The Council considered approval of a resolution
` by the City Council or the City of Denton, Texas, relating to
the issuance of obligations by the North Texas Higher Education
Authority, Inc; approving the issuance or such obligations and
the use or the proceeds of such obligations; and making certain
findings in connection therewith.
The following resolution was considered:
NO. R90-006
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
DENTON, TEXAS, RELATING TO THE ISSUANCE OF OBLIGATIONS
BY THE NORTH TEXAS HIGHER EDUCATION :AUTHORITY, INC E
APPROVING THE ISSUANCE SUCH THE USE
AND MAKING y
CERTAIN FINDINGS IN CONNECTION THEREWITH.
McAdams motioned, Ayer seconded to approve the resolution. On
roll vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens
"aye," Motion carried unanimously.
C. The Council considered approval of a resolution '
authorizing the Mayor to execute a contract agreement between
the City or Denton and the City of Farmersville, Texas for the
sale and purchase of wholesale electric service. (The Public
Utilities Board recommended approval.)
E The following resolution was considered:
! NO. R90-007
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN 1
AGREEMENT PETWEEN THE CITY OF DENTON AND THE CITY OF ~II
FARMERSVILLE, TEXAS FOR THE SALE AND PURCHASE OF j 1
WHOLESALE ELECTRIC SERVICE: AND PROVIDING AN EFFECTIVE
DATE. f
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Boyd motioned, Ayer 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,
D. The Council considered approval of a resolution iv
IF authorizing the City Manager to execute an agreement between
the City or Denton and Texas Waste Management, Inc.; and
i authorizing the City Manager to execute all license agreements i
I t entered into pursuant to Chapter 12 of the Code of Ordinances.
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The following resolution was considered:
R90-008
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT BETWEEN THE CITY OF DENTON AND TEXAS
WASTE MANAGEMENT, INC.; AUTHORIZING THE CITY MANAGER
TO EXECUTE ALL LICENSE AGREEMENTS ENTERED INTO
PURSUANT TO CHAPTER 12 OF THE CODE OF ORDINANCES; AND
PROVIDING AN EFFECTIVE DATE. 1
McAdams motioned, Hopkins seconded to approve the resolution.
On roll vote, McAdams "aye," Alexander llaye," Hopkins "aye,"
Gorton "aye, 11 Ayer "aye, 11 Boyd "aye," and Mayor Stephens
"aye," Motion carried unanimously.
6. Miscellaneous matters from the City Manager.
Lloyd Harrell, City Manager, stated that he only had the work
session items not considered earlier.
7. There was no official action taken during the Work
Session Executive Session.
8. New Business d
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No member of the Council had an item of New Business tot future
Council agendas,
+ Council Member Gorton left the meeting.
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The Council considered Work Session Item 02.
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2. The Council received a report and considered giving
staff direction regarding the Highway 2499 project,
Rick Svehla, Deputy City Manager, stated that at the February
meeting, the 2499 Task Force received a draft report from the
consultant. The consultant was now talking about specific
alignments from 2181 north to 35E. All of the routes were i
feasible by the consultant. This meant that it met a certain
criteria for cost per vehicle mile - under $200 per vehicle j(
Mile, Options M4 and #3A went from 2181 to the proposed Loop
with the cost of the Loop not included. !
Council Member Gorton returned to the meeting. 4
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6vehla continued that the report contained two suggestions - I
one was the locally preferred option which was 84. The second
suggestion was the technically preferred option which was M5 as
! it cost the least. The consultant asked the Task Force to
present the preliminary report to their respective Councils and
ask for comments so that the comments could be included in the
final report which would be submitted to the Highway Department.
Mayor Stephens stated that in the discussions with the City J
Manager, Deputy City Manager, and Denton representatives, the
j first priority was that the road be built. The second priority
would be to shape the project so that it would fit the needs of
Denton's citizens.
Consensus of the Council was that the first priority was to
have the road built and that the preferred route would be #4.
The Council considered Work Session Item #3. }
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3. The Council held a discussion and considered giving
staff direction regarding the ETJ boundary along Hickory Hill
Road.
Harry Persuad, Senior Planner, stated that two issues had come
to light recently regarding Denton's ETJ in the south and along
Hickory Hill Road. Copper Canyon had interest in the
development of lands located in Denton's ETJ north of Hickory
Hill Road. They had suggested a possibility for an agreement
line along Hill Top Road. Staff had reviewed the area and had
determined that the current appraised value of properties in ;
that area to be approximately $2.56 million and vacant land,
f currently under an agriculture exemption had an appraised value
of $0.61 million. Hickory Hill Road was a strategic east-west
1 arterial which provided an easy discernible ETJ line to the
south of Denton, Staff was recommending the denial of Copper
Canyon's 1,,est to release that portion of Denton's ETJ.
I Alexander motioned, McAdams seconded to communicate to Copper
Canyon that their request to release a portion of Denton's ETJ
I was denied. On roll vote, McAdams "aye," Alexander "aye,"
Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor '
i Stephens "aye." Motion carried unanimously.
The second issue involved the cities of Argyle and Bartonville
with a joint interest in an area on the southwest corner of
FMIS30 and PM407 located in Denton's ETJ. Argyle had informed
the City that they and Bartonville were in the process of
negotiating a line between the two cities. The area was north
of and contiguous to Bartonville city limits and east of and
Contiguous to Argyle city limits. Staff recommendation was
i
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( r City of Denton City Council Minutes
T February 20, 1990
Page 18
that Bartonville and Argyle work out an agreement line and when
negotiations were completed, Denton would release the area
based on that line.
Consensus of the Council was that Denton would release the area
only after an agreement had been reached between Argyle and
Bartonville.
The Council considered Work Session Item #4.
4. The Council received a report and considered giving
staff direction regarding proposed amendments to drainage
requirements and design standards.
Jerry Clark, City Engineer, stated that the issue was
originally approved by the voters in 1986 as part of the Master
Drainage Plan. The previous regulations were based on data 1
from 1979 and the existing design manual was from 1976. A good
deal of the information was out-of-date, not specific and '
needed modernization. Clark reviewed a comparison chart of the
current regulations and proposed regulations. (Attachment A) r,
Clark continued that a positive direction was taken toward the
preservation of natural habitats and credit for pervious
f areas. The new regulations would place a very strong emphasis
on making sure major creeks such as Pecan, Cooper, and Hickory
stayed natural. He asked Council to consider placing the item
as a public hearing on the March 12th agenda.
i Consensus of Council was to place the item on the March 12,
1990 agenda as a public hearing. +
The Council returned to the regular agenda order. £
1 ,
9. The Council convened into the Executive Session to
discuss legal matters (considered action in Denton County Va.
City and In Re: Flow), real estate (discussed a potential land
acquisition for City space needs), and personnel/board
appointments (considered appointments to the Building Code
{ Board and the Airport Advisory Board).
The Council convened into open session and took the following
action;
Y
A. Boyd motioned, Gorton seconded to appoint Ed
Owens to the Building Code Board. Motion carrie9 unanimously.
t
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City of Denton city council minutes
February 20, 1990
Page 19
With no further business, the meeting was adjourned at 10:02
P.m.
i.
i t
RAY STEPHENS, MAYOR a
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
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Attachment A DRAINAGE REGULATIONS COMPARISON CHART
CATEGORY OLD 1983 NEW 1989
Driveway Culverts 25 yr. 25 yr.
Channels 25 yr. 100 yr.
Pipes 10 yr. 10 yr.
Channel Lining 25 yr. 25 yr. + Freeboard
Culverts/Bridges 25 yr. 100 yr.
Floodways 100 yr 100 yr
Spread Limits {
a) local 2" Above top rf curb Top of curb reduced crown I
(511)
!
o) Collector 1 Lane open 1 Lane open
c) Arterial 1 Lane open/direct 1 Lane open/direct
d) Freeway 1 Lane closed 1 Lartie closed
f Intersec Cross Flow No Changes No Changes
Dedicate Floodway No Yes
Natural Concept r
` Regional Detention No Yes
On Site/Local Detent Yes No*
Local (lots) grading No Yes
plans/design
Closed Pipe for up Yes - not enforced Yes enforces &
to 48" Flow ! 100 cfs strengthen wording
Access to all No Yes
channels for maint.
Minimum Size of Pipe 15" 18"
Pipes Wyes vs MH or J8 No Yes 1
Recessed Inlets No Yes
Maximum Times of No Yes
Concentration
Minimum Easement No Yes #
widths Reg. - Pipes
Minimum F.F. above 12" 1801
BFE (encroached)
Detention Design Policy/not detailed Yes, 10 to 100 year
Requirements
Storm Water Routing Rational Rational, HEC-1
Method TR-20 y
*As Last Alternative
0691E/20
j!
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CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
i
FROM: Lloyd V. Harrell, City Manager
SUBJECT: Approval of a tax refund to Gene G. Morris
E
RECOMMENDATION:
The ax epartment has mailed an Overpayment Letter and an Application
for Refund to the taxpayer. All completed forms and necessary documenta-
l tion have been returned, requesting this refund, which the Tax Technician
recommends.
! SUMMARY:
-7-Mapter 31.11 of the Texas Property Tax Code requires the approval of
a
the governing body of the taxing unit for refunds in excess of $ 540.00. s
Gene G. Morris has requested a refund in the amount of $ 648.71 due to
duplicate payments on his account, # 0110-00100. g
BACKGROUND:
Mr. and Mrs. Morris duplicated their tax payment, making one payment on
1-17-90, and the other on 1-19-90, both times in the amount of $ 648.71.
Tax records indicate payments of $ 1,297.42 against a tax base of $ 648.71.
A tax refund is due.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
The Tax Department and the tax account of Gene G. Morris
FISCAL IMPACT:
$ 648.71
i
RESPE LY BMyT,TED:
Lloyd W. Harr
City Manager
Prepared by: -
aloe Vic Schneider
Title Tax Technician
M
Approved:
a e Jim uny r
tle Treasure
1633C/3
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C~ Ound 0s« y TO a.w APPLICATION FOR TAX REFUND 11107 RNundAapareYero zt.tl(4Jw)
CodecdnQ Office Name-: h C?~
Collecting Tax For
_
a ax n n is
CRY State, ZIP Code
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In Order to apply for a tax refund, the following information must be provided by the taxpayer,
IDENTIFICATIO OF PROPS OW R:
Name: e
a rsf Addresa:
Telephone Number (If additional Information is neededy:
IDENTIFICATION OF PROPER t
Description of Property:
Address or Location of Property,
Account Number of Properly:
- or Tax Racapt Number.
INFORMATION ON PAYMENT OF TAXER
Name of Taxing Unit Year for
From Which Round Which Refund Date of the Amount of
Is Requested Is Requested Amount of Tax Refund
_ Tax Payment Taxes Paid Requested
9. 19 / 79 _ V _ _
Taxpayer's reason for refund (attach supporting documentations y-!!,-S' W Pa^p pg~ fyyCs
%n error ~y/ylr, i19~~.-is ~n/r / n., /7 Y: /-/9
/ O
1 hereby apply for the refund of the above4eecribed taxes and
Is true and correct"fy that ft Information I have given on this form
14
III signature
_ r-r- --rrr---r---_---- Date of Application for Tax Round
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DETERMINATION FOR TAX REFUND: Approval
Disapproval
Signature of Authorized Offlcw
Dole c
Signature of Presiding Offloer(s) of Taxing Date
Unit(s) for refund applications over 5600
Any person who "sea tales" upon tM fargeiro0 reaera shat b, wbJeel M coca tits
root mote Of" 10 years not lose then a years ow" a In of not more g 00jM Wt. « S
Imprleorotnet* a. eenllnemeot In jag for a fens up is 1 yew or a fine net N sewer 04000 or be* s:.,el Ilse an/ Imprlsenn»M ae a1
forth In Section 37.10. Hroa cob.
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CITY COUNCIL REPORT FORMAT
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4 TO: Mayor and Members of the City Council
# FROM: Lloyd V. Harrell, City Manager
SUBJECT: Approval of a tax refund to Sheraton Hotel & Conference
E Ctr./Sunbelt Savings
f
s RECOMMENDATION: d
The ax Department has mailed an Overpayment Letter and an Application i
for Refund to the taxpayer. All completed forms and necessary doe onta-
tion have been returned, requesting this refund, which the Tax Technician
recommends.
SUMMARY: 1
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. 3
Sunbelt Savings has requested a refund in the amount of $ 6,716.74, due
to duplicate payments on City Account # 9267-00111. e
BACKGROUND:
On 1-09-90, a payment of $ 6,716.74 was made on the account of Sheraton
Hotel & Conference Ctr., then another
payment of $ 6,716.74 was made on ;
1-31-90. Tax records indicate total payments of $ 13,433.48 against a
tax base of $ 6,716.74, A tax refund is due.
I~ PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
The Tax Department and the tax account of Sheraton Hotel & Conference
Center
FISCAL IMPACT:
i $ 8,716.74 1
YRIT U1~(/1'IT
v/a ne
Lloyd V.
City Manager
Prepared by:
Same o Schn deader' ?
Title Tax Technician
Appt ved:
Bu yar 410
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ewwv.oo«yraRe..r* APPLICATION FOR TAX REFUND
t lldundAPpMaYan~1.11(~71>h
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Collecting Office Names -P ---Tear .De,o
Collecting Tax For. D p
Mpg Units
C e 6.20
0,1 n AOQrees 27 City, State, Zip Code
lor
7.--
In order to apply for a tax refund, the following information must bs provided by the taxpayer,
ik"
IDENTIFICATIQ Of PRO f3RTY 0 t
Name:
Address: 6 er,
Telephone Number of additional information Is needed): a Srtf/~
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j IDENTIFICATION OF PROPERTY:
Description of Property e pr !IO /P ,t
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Address or Location of Property: -
! Account Number of Property: M Ten Receipt Number
INFORMATION ON PAYMENT OF TAXIS:
Name of Taxing Unit Yost for Amount of
From Which Aefund Which Refund Date of the Amount of Tax Hefund
Is Requested Is Requested Tax Payment Tax" Paid Requested
2• ,ems 137 i19tIL, s
9 19 y,g~ S
Taxpayer's reason for refund lansch supporting documentation); T=~ T~+rl ~h
errs r. .~_~~~9ar sfr' Q re v.1 d Q-t ~ri,~ z
1 her*4 piy for the refund of the abovo4wribed taxes and e t
is true and correct" that the information 1 haw given on this fom►
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S4nature~ 55,91i^lf, ' q , Date of Application for Tax Refund
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DITIRMINATION FOR TAX REFUND: Approval Olsspproval i
y
Slgnature of Authorized Officer Date
,
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Slppnature of Presiding Officer(s) of Teing Dab
Unit(e) for refund applieattme over $600
f Any rersen wM makes a hive awy upon the Nre~Mng revere *W besubNd None elft tell" p waft I. k p lemw a M
I nel mate Man 10 years n« lea Men I years sM,« a Me el not more WON a,00~~r users wne aM
i ImprNe wimm 1. senOnvmeuf MIA Iva lean up % 1 year er • Ins aM fa ssesN ftw or O N.= faM
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CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council r
` g FROM: Lloyd Y. Harrell, City Manager
SUBJECT: Approval of a tax refund to Richardson S & L Assn./
r Sunbelt Savings
F
RECOMMENDATION:
o ax Department has mailed an Overpayment Letter and an Application a
for Refund to the taxpayer. All completed forms and necessary documenta-
tion have been returned, requesting this refund, which the Tax Technician
recommends.
t SUMMARY:
iap er 31.11 of the Texas Property Tax Code requires the approval of
the governin`r body of the taxing unit for refunds in excess of $ 500.00.
Sunbelt Savings has requested a refund in the amount of $ 22,737.94, due
to duplicate payments on City Account # 8905-01834.
BACKGROUND:
-d'Zn - 90, a payment of $ 22,737.94 was made on the account of Richard-
son S & L Assn., and another payment of $ 22,737.94 was made on 1-31-90..
Tax records indicate total payments of $ 45,475.88 against a tax base of "
$ 22,737.94. A tax refund is due.
f PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
f The Tax Department and the tax account of Richardson S & L Assn.
i
FISCAL IMPACT:
$ 22,737.94
i
AESPEC !./~'LY SUB I TED:
f
oy arr
City anager i
Prepared by:
r
ame c c n$'de" r
r Title Tax Technician
Approved:
a Jim Bun a d
2tle Treasurer
~y
~ x aew
s~~rop«y " ranz1,11luul APPLICATION FOR TAX REFUND
Collecting Office Name: P n / oZ f
Collecting Tax For.
41C~ Anne ax no nos
Ad rate h n ,2p
cry, State, Zip Code
In order to apply for a tax refund, the following Information must be provided by the texptyer.
IDENTlFICA
M Of PRO ERTY OWyRR:
Name: f S ~ S
Address;
Telephone Number, pt a Itional information Is needsd). S.tygJ
IDENTIFICATION OF PROPERTY: t
Description of Pro
_ perry: a h
Address or Location of Propertlr "~-'f'
Account Number of Property.
s7/J3 J/fj or Tax Recei
pt Number, a
INFORMATION ON PAYMENT Of TAXES:
Name of Taxing Unit Year for
From Which Refund Which Refund Date of the Amount n
Is Requested Is Requested Tax PaymerM axo" Pad Tax Refund
1. ~ Requested ~
-1= ~~l 10 / x i
2. +1 19
3. 1g -L'3L/ to _ _
f
Taxpayer's reason for refund (attach supporting documentation): 7'^
r1 Stln sa ` 3,
e e
i
"t hereby apply for the refund of the above~deeorlbed taxes and certify that thi7nformiI on I have given on this form
Is true d correct" 1 1
nature r' - .S'J~1 Af/~ ✓ t
AO B~lc f .~~s_:fix Do of Applloatlon for Tax fNfund 'j
DETERMINATION POR TAX REFUND.
Approval Disapproval t
Signature of Authorized Officer
Date F I
Signature of Proolding OAfciWs) of Taxing i
Unigs) for refund applications over $5w Dale
l Any Person belts ateaea s hMe entry upr► the feretgh rseerd ehsl M I&Aj '
1 net men than to years nw lees than a eYMafiseneNlheNMswUM of t. "ah &tnteVA
wan entlrar a fir of neto~fia,oN or Ma Is #ns sml
rn,orrten,,,~ S. eertlNteleenf M!s Nr a fens w N f year et s IMN net h easeN
feMh rn tteetien a7r10, rents Co" ewhan•antrayrNesnwnla,eel
"OVI* 01.11 t
FEB 2 81990
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2651L-1/3669
NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT
FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING
~xs3 FOR AN EFFECTIVE DATE.
WHEREAS, the City has solicited, received and tabulated
competitive bids for the purchase of necessary materials, equip-
ment, supplies or services in accordance with the procedures of
state law and City ordinances; and
WHEREAS, the City Manager or a designated employee has
reviewed and recommended that the herein described bids are the
lowest responsible bids for the materials, equipment, supplies or
{ services as shown in the "Bid Proposals" submitted therefor; and
WHEREAS, the City Council has provided in the City Budget for
the appropriation of funds to be used for the purchase of the
materials, equipment, supplies or services approved and accepted
R herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the numbered items in the following numbered
bids or ma erials, equipment, supplies, or services, shown iii Clio 4
"Bid Proposals" on file in the Office of the City'a'Purchusing
Agent filed according to the bid number assigned thereto, are
hereby accepted and approved as being the lowest responsible bids
for such items:
BID ITEM
NUMBER NO. VENDOR ANOU14T
j
j 10§0 1-7 RFB 6 ASSOC. 11 495._00
1060 8 MOTOROLA $22,752.00
1064 9 MOTOROLA $ 382.50 Per Unit
~ .._.r~
1060 10 MOTOROLA $ 41122.50
1060 15 HORIZON COMM. $ 895.00 q
10660 16-19 MOTOROLA _ $ 4,833.25
1060-- 20 COMOUIP ~-1r396.00
1060- 21 CUMOUiP $ 275.00
1062 1 LUCKY LADY OIL.. $ .0089 per Galloi
L4__ 1 HATCH d KIRK $980748.88
1071 1-3 Lone Star Safety Supply $25,873.30
r
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I SECTION I1. That by the acceptance and approval of the above
` numbered 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
I accordance with the terms, specifications, standards quantities
and for the specified sums contained in the Bid Invitations, Bid
Proposals, and related documents.
SECTION III. That should the City and persons submitting
approved and accepted items and of the submitted bids wish to
enter into a formal written agreement as a result of the
acceptance, approval, and awarding of the bids, the City Manager
or his designated representatLve is hereby authorized to execute
the written contract which shall be attached hereto; provided that
4 the written contract is in accordance with the terms, conditions
specifications, standards, quantities and specified sums contained
in the Bid Proposal and related bid documents herein approved and
accepted.
SECTION IV. That by the acceptance and approval of the above
numbered Items of the submitted bids the City Council hereby
authorizes the expenditure of funds therefor in the amount and in
accordance with the approved bids or pursuant to a written
contract made pursuant thereto as authorized herein.
SECTION V. That this ordinance shall become efiective
imme atai teTy upon its passage and approval.
PASSED AND APPROVED this day of ,lgyll.
RAY STEPHENSp MAYOR
ATTEST:
i
I
JENNIFER W L ER , CITY SECRETARY
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
I
i
BY: }
i
PAGE Two
i
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DATE:March 12,1990
c
CITY COUNCIL REPORT
TO. Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJEC'T': BID #1060 PAGING SYSTEM
RECOMMENDATION: We recommend this bid be awarded to the lowest
and best bid for each item as listed:
! Item 1-7 to RFB & Assoc. $11,495.00
Item 8 to Motorola (72 Pagers at $316.00 each) $22,752.00
1 Item 10 to Motorola $ 4,122.50
Item 15 to Horizon Comm. $ 895.00
Item 16-19 to Motorola
Item 20 to Comquip $ 4,833.25
Item 21 to Comquip $ 1,396.00
$ 275.00 ~
We also recommend that Item 9, pagers, be awarded to Motorola I
{ Communications, in the amount of $382.50 each. The quantity
I will vary, and the price will remain firm for one year. Orders
will be placed as the need arises and funds are available.
Item 11, 12, 13, 14, 22 and 23. All bids be rejected.
i
SUMMARY: This bid is for the purchase of an alpha numeric
telephone interconnected radio paging control center. It
includes the capability of voice, tone alert, or numeric display
paging. Individual employees or groups of employees can be
"paged" from a central location or from remote locations. The
j 72 pagers listed as Item 8, are for the fire department only.
` The pagers listed as Item 9, will be made available to various
departments. Rented pagers now in use by City employees will be
returned and exchanged for this in-house system. }
Please note, the price variance on Item #9. The lower price b
offered by Comquip is for a Phillips Pager that is not on the
j market at this time. It will not be available until July, 1990.
It does not offer the printer option we requested and is powered
by AAA batteries, not the rechargeable nickel cadium battery, or
mercury battery, as required in our specifications.
i
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Backup for Bid #1060
RR "March 12, 1990
Page 2 or 2
BACKGROUND: Tabulation Sheet, Memorandum dated 2/27/90 from Don
Byrd to R.E. Nelson, 1
PROGRAMS, DEPARTMENT OR GROUPS AFFECTED: Fire Department,
4 Electric Utility Communications Division, other departments
II purchasing pagers.
3
FISCAL IMPACT: Funds for this equipment will come form 1989-90
budget funds,
j Fire Department Acct. # 100-060-0050-9101
( Electric Utility Acct.# 611-008-0254-9227
f
Respectf ly submitteds
J4
L yd Harrell
Prepared by: City anager
mac`="~ - i
f Names Tom D, Shaw, C,P.M, i~
Titles Purchasing Agent
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Names Tom D. Shaw, C,P,M,
Titles Purchasing Agent
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CITYoJDENTONMUNICIPALUTILITIES / 901•ATexesStreet / DentoNTX76201
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MEMORANDUM
T0; R.E. Nelson, Executive Director of Utilities
FROM: Don Byrd, Foreman, Communications Division
DATE: February 27, 1990
SUBJECT:_ ALPHANUMERIC PAGING SYSTEM
On February 1, 1990 at 2:00 p.m., sealed bid proposals were
opened for the City of Denton's Alphanumeric Paging System. The
proposal consists of 17 items as listed on the attached page.
Each of the low bid items do meet the minimum requirement of the
city's specifications in the bid proposal, except as noted. All
items, bids, prices, and vendor names are listed on the attached
page. I recommend purchase of low bid items as listed on page 2
of this memo. Item 8 72 Pagers, is to be urchased b the Fire
Department from F re Department funds. I recommend purchasing
l the law bid items as listed below.
VENDOR ITEM COST
RJB & ASSOCIATES Paging Terminal $11,495.00
DENTON TX 76206
MOTOROLA COMM. Minitor Pagers $22,752.00
DALLAS, TX RF Equipment 80955.75
HORIZON COMM. Universal generator $895.00
ROWLETT, TX
t
COMQUIP INC. IXO Terminal $ 10396.00
DALLAS, TX Software $ 275.00 k
TOTAL $451768.75
Respectfully,
a~sty'
Don Byrd
?22800
cc: Ernie Tullos, Director of Electric Utilities
Ray D. wells, Superintendent of
Metering/Substations/Communications
Tom Shaw, Assistant Purchasing Agent
4
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M Page 2
Y
CITY OF DENTON
€ ALPHANUMERIC PAGING SYSTEM
yS
Paging Terminal
Item 1 thru 7
1. Motorola $16,940.00
2. Unipage $11,900.00
3. RJB & Assoc. $11,495.00 Low Bid
Minitor Pagers 72 ea.
Item 8
1. Motorola $220752.00 Single Bid
RF Equipment & Test Equip.
Item 10, 16 thru 19
1. Motorola $8,955.75 Single Bid
Universal Generator
Item 15
1. Motorola $1,093.00
2. Horizon comm. $895.00 Low Bid
Alphanumeric Terminal
Item 20
1. Motorola $1,782.00
I 2. Comquip ;1+396_00 Low Bid {
III
PC Beep Software 11
Item -2T I
1. Motorola $ 200.00 Low Bid NOTE 2
2. Comquip $ 275.00
Total Low Bids $45,768.75
Backbone Cost $23,016.75
NOTE 1 This item is not on market
Ei NOTE 2 Doesn't meet specifications
02280064
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DATES March 12,1440
CITY COUNCIL REPORT
TOs Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: HID #1062 NO.2 DIESEL FUEL OIL
1 RECOMMENDATION: We recommend this bid be awarded to the low
t` bidder, Lucky Lady Oil Co, at a unit price of .0089 cents per
gallon over and above the posted rack/terminal price which
r # fluctuates daily. This bid award is based on an if needed
basis.
t SUMMARY: This bid is for an estimated amount of one million
gallons of Diesel fuel for electric generation. The fluctuating
price of Diesel fuel make is almost impossible to get a firm
price from any vendor, therefore, we bid the posted rack price
plus an amount for delivery overhead and profit. Lucky Lady Oil
bid the lowest delivery overhead and profit price. The award of
this bid obligates the City of Denton, to purchase any fuel
f ; needed for power generation, over the next 90 days from Lucky
i Lady at the bid price (.0089) plus the rack price for fuel on
I the day of delivery. If no fuel is needed no fuel will be
purchased.
111 BACKGROUNDS Tabulation Sheet +
{ PROGRAMS, DEPARTMENT OR GROUPS AFFECTED: Electric Production J
FISCAL IMPACTS Budgeted funds for 1990. Acct#610-080-0251-8202
f Respect ly subm t eds
s
I Lloyd . Harrel!
3 City Manager
Prepared by: ~
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ldames Denise Manning
Titles Buyer
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Titles Purchasing Agent ,
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DATE: March 12,1990
E CITY COUNCIL REPORT
TOs Mayor and Members of the City Council
FROM: Lloyd V. Larrell, City Manager
{ SUBJECT: BID #1064 EMD DIESEL REPLACEMENT PTS/SERVICE
j RECOMMENDATION: we recommend this bid be awarded to the lowest
bidder Hatch & Kirk in the amount of $98,748.88.
j SUMMARY: This bid is for the purchase of repair parts
($66,148.58) and technical assistance ($30,500.00) including
technician's travel expenses ($2,100.00) for repairs to Diesel
Generator set #D2. This unit is located at the Electric
Production facility. Repair are necessary to return the unit to
a reliable operating condition. The reliability is essential to
provide station service at the Power Plant in the event of a
system blackout. The unit provides expedited restoration of
auxiliary power, allowing start up power to the City in the
event of system blackout, a
BACKGROUNDS Tabulation Sheet.
PROGRAMS, DEPARTMENT OR GROUPS AFFECTEDS Electric Production and
Review Plant Operation.
FISCAL IMPACTS Funds for this project will come from 1989-90
budget funds for maintenance of 1,:ant facilities,
Acct # 610-080-0251-8339.
;lee -,ectfu submitteds
Lloyd VC/Harrell
Prepared bye City Manager !
'
Names Tom D. Shaw, C.P.M.
Titles Purchasing Agent
Approved
Names Tom D...~Shaaw# C.P.M.
Titles Purchasing Agent
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DATE: March 12,1990
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
r
t FROMs Lloyd V. Harrell, City Manager
SUBJECT: BID #1071 SCBA EQUIPMENT
}
.
RECOMMENDATION: We recommend this bid be awarded to the lowest
bidder meeting specification, Lone Star Safety Supply in the
total amount of $25,873.30, F.O.B. Denton.
SUMMARY: This bid is for the purchase of Self Contained
Breathing Apparatus (SCBA) equipment, for the Fire Department.
t
The lower priced mask offered by Mobile Safety, is silicone not
EDPM as required. The SCBA unit complete, bid by Mobile, also
offers the silicone mask and is not compatible or
interchangeable with our existing system.
BACKGROUND: Tabulation Sheet.
PROGRAMS, DEPARTMENT OR GROUPS AFFECTED: Fire Department
j Operations.
i
FISCAL IMPACT: 1989-90 Budget Funds for capital equipment
account #1G0-060-0051-9104.
Respectfu ly submitteds
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Ll a ke 1
City eager
Prepared bys
I
Names Tom D. Shaw, C.P.M.
Titles Purchasing Agent
Approved
{ Names Tom D. Shaw, C.P.M.
Titles Purchasing Agent
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AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE
AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND FROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City has solicited, received and tabulated '
competitive bids for the construction of public works or f
improvements in accordance with the procedures of state law and
City ordinances; and
WHEREAS, the City Manager or a designated employee has
received and recommended that the herein described bids are the
lowest responsible bids for the construction of the public works
or improvements described in the bid invitation, bid proposals
and plans and specifications therefore; NOW, T1IEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. Toat the following competitive bids for the
construct ono public works or improvements, as described in the
"Bid Invitations', "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed according
to the bid number assigned hereto, are hereby accepted and
approved as being the lowest responsible bids:
BID NLMBER CONTRACTOR AMOUNT
1066 _ A 6 F INSULATION $15.889.00
1069 _ 1B--PUB ICLCOMPANY 11,173.2§6.50
4
SECTION II. That the acceptance and approval of the above
compt t ve s shall not constitute a contract between the City
and the person submitting the bid for construction of such public
works or improvements herein accepted and approved, until such
person shall comply with all requirements specified in the Notice
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to Bidders including the timely execution payment obonds, written after contract notific
and furnishing of performance and d
cation of the award of the bid.
SECTION III. That the City Manager is hereby authorized to
execute a necessary written contracts for the performance of
the construction of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such {
contracts are made in accordance with the Notice to Bidders and
Bid Proposals, and documents relating thereto specifying the
terms, conditions, plans and specifications, standards, quantities
and specified sums contained therein.
SECTION IV. That upon acceptance and approval of the above
compe t ve s and the execution of contracts for the public
works and improvements as authorized herein, the City Council
hereby authorizes the expenditure of funds in the manner and in
the amount as specified in such approved bids and authorized
contracts executed pursuant thereto.
SECTION V. That this ordinance shall become effective
imme ate y upon its passage and approval.
PASSED AND APPROVED this the day of , 1990.
RA STEPHENS, MAYOR
f
ATTEST:
JENNIFER RE
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APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
I BY:
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PAGE 2
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DATE: March 12,1990
CITY COUNCIL REPORT
TO. Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
I SUBJECTS BID #1066 INSULATION AND LAGGING INSTALLATION
RECOMMENDATIONS We recommend this bid be awarded to the lowest s
VW) responsible bidder A & F Insulation in the amount of $15,889.00.
SUMMARY: This bid is for the reinsulation of the unit 5-4 feed
water heater and unit 4 and 5 pneumatic relief valves. The
insulation that was removed for repairs to the heaters and
valves contained Asbestos and could not be reused.
BACKGROUNDS Tabulation Sheet.
PROGRAMS, DEPARTMENT OR GROUPS AFFECTED: Electric Production
{ Maintenance Program
I FISCAL IMPACTS 1989-90 Budget funds for maintenance of
generating equipment acct#610-080-0251-8339.
- ~ Respect lysubmitted:
v
Lloyd . Harrell
City Manager
Prepared by%
NameS Tom D. Shaw, C.P.M.
Titles Purchasing Agent
Approved
Names Tom D. Shaw, C.P.M.
Titles Purchasing Agent
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M r DATE: March 12,1990
t CITY COUNCIL REPORT
}
4 T0: Mayor and Members of the City Council r
FROM: Lloyd V. Harrell, City Manager
e
SUBJECT: BID #1069-OAK, HICKORY AND FRY STREET
PAVING AND DRAINAGE IMPROVEMENTS
RECOMMENDATION: We recommend this bid be awarded to the low
bidder, Jagoe Public Company, in the amount of $1,173,266.50.
SUMMARYr This bid is for paving and drainage improvement on Oak,
Hickory and Fry Streets. Jagoe Public was the lowest of five
bidders.
BACKGROUND: Tabulation Sheet, Memorandum from Jerry Clark,
PROGRAMS, DEPARTMENT OR GROUPS AFFECTED: 1985 Street Bond issue
and interest accumulation on the 434 accounts.
FISCAL IMPACTt 434-002-SB85-(8510)-9105
(8518)
(8508)
Respectfully submitted: {
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Prepared by: City 10nager
Name: Denise Ma
n ing
Title: Buyer
Approved 1
Names Tom D. Shaw, C.P.M.
Title: Purchasing Agent
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P90 HAR -2 Poll 2' 29
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ciry of DLNrON / 215 E. McKinney / Denton, Texas 76241
MEMORANDUM F
Y,
DATE: March 2, 1990
TO: Rick Svehla, Deputy City Manager y
FROM: Jerry Clark, City Engineer
SUBJECT: Bid 1069; Hickory, Oak, Fry
Bids were
received on February 27, 1990 for the projects. The
low bidder on the project is Jagoe Public Company of Denton
with a bid of $1,173,266.50. We recommend the bid be accepted
based on price and ability of the contractor to properly
complete the work.
Our estimate on the project was slightly over $1,200,000. We
are attempting to move quickly on approval so the contractor
can immediately begin work on the West Oak portion from Fry Lo
Bonnie Brae. This section of roadway had been further impacted
by the recent installation of sewer lines.
a.
` Utility adjustments and other small work will occur in the
Avenue A at Hickory section with that portion of the ap ving to
be completed this summer when UNT has less impact. Storm sewer
work will be completed prior to that.
We will contact UNT, the Avenue A - Fry Basiness Association,
Voertmans, and other interested parties in the area to keep
` communications open to the best degree possible.
r Funding is available through the 1485 Street Bond Issue and
interest accumulation on the 434 accounts,
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2651L-5/3689
NO. r
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES 1
OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE
!!!I IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH
PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, 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
equipment; and library materials for a public librathat 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 j
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-
ment or supplies, as described in the "Purchase Orders" attachpd
hereto, are hereby approved:
PURCHASE
ORDER N UdBER VENDOR AMOUNT I
1
_9560 pHYSTO CONTROL $17,250.00
F
I,
SECTION II. That the acceptance and approval of the above
items s a not constitute a contract between the City and the
person submitting the quotation for such items until such person r
shall comply with all requirements specified by the Purchasing
Department.
i
SECTION III. That the City Manager is hereby authorized to
execute any contracts relating to the items specified in Section I
and the expenditure of funds pursuant to said contracts is hereby
authorized.
S
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i SECTION IV. That this ordinance shall become effective
( imme et3i Iy upon its passage and approval.
I
PASSED AND APPROVED this the day of , 1990.
RAY STEPHENSO MAYOR
ATTEST:
JENNIFER WALTEX3-q-CTTTTEC-AKTX-Ry
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY:
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DATES March 12,1990
iii
7 a CITY f_OUNCIL REPORT
'f0: Mayor and Members of the City Council
FROMs Lloyd V. Harrell, City Manager
.',UBJECTs PURCHASE ORDER #95603 - PHYSIO CONTROL
RECOMMENDATION: We recommend this purchase order be approved
£n the amount of $17,250.00, with delivery 60 - 90 days.
SUMMARYs This purchase order is for the acquisition of two
2 Physio Control Life-Pak 30, Monitor/Defibrillator/Pacer
with data reporting function. These units will be assigned
{ to the two front line ambulances for use in Emergency
Medical situations requiring advanced cardiac life support,
The defibrillator/monitor is used for monitoring
ECG, delivery defibrillation ener and patient
data. The Life Pak 10 models include da o
c ninvasiv.e pace
j maker, pace
I These units are exempt from the bid process due to patient
protection and exemption for sole source purchases.
I BACKGROUND: Purchase Order 95603; Physio Control
Quote
1-11834
PROGRAMS, DEPARTMENT OR GROUPS AFFECTED, Fire Department
Emergency Medical Services
FISCAL IMPACTS This units will be funded as a portion of the
Certif cat6s of obligation sold for Motorpool Fleet
acquisitions. They were included in the amount of dollars
listed as cost for a new ambulance. ;•:.ey will be set-up
similar to a piece of Fleet Equipmr,•i: and the Motor Pool
will be repaid over a 36 month time period from Fire
Department budget funds.
i
Respe lly ~ubsgl~4eds
Lloyd V. Harrell
Prepared bye City Manager {
i I
Names Tom" Shaw, C.P.M.
Titles Furchasing Agent
I
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Appr
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Na a Tom D, Shaw, C.P.M.
Titles Purchasing Agent {
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CWPWNIO
Headquarters
11811 Wil lows Road N No ortheas t LIFEPAKe'f0 1
~/VEf 91~HL 11a11 _,r+r
Poll Office BOA 97006 deh Ilialorlrrionilor ~I
Redmond, WA 960739706 USA QV~IOA,.
Telephone. 706166)/000 1-11834
Toll Free 800(426.5N?
' Telex : 99 9902111 10 D P HY510 ROMO NO. '
jr,' 1 e.
r To: City of Denton Date: March 2, 1990
Purchasing Director Sales Representative: Joe Elmers
901 B Texas Street
Denton, T% 16201 Phone: 811-261-1135
ATTNs Bob Shaw Terms: 10044 of Invoice due
30 days alter Invoice date.
FOB: Redmond, WA
Shlpment Best Way
Warrant : One year Darts end labor,
Y
This Quotation Is firm through: 30 days
one year batteries, 90 days palient cable.
tllr2sl Ilem Part Number Dosedpllon _ Ouantity Unit Price Total Amount
LIFIPAK' 19 dellbdllslorfmonllor with OUIK,PACE• nonlnvaaln '
pacemaker option, ~
1
1. 601200• Portable DC tlehDrtOaturlcud a feslurea 11 built In ,aahq 1 ; 8,625.0 1~ I
Pacemaker, battery pperNlon, fully ly ennolaring 11011) Chill W fetorder and 1
status display, SuPPllea Include 3 6atlery Pak$, ulernal OUIK LOOK,
dehbnllallon paddles, 3 LIFE-PATCH, pro gelled ECO electrodes. t
l
3 roes SCO recorder papal, 1 100 ruler, DERMA Jil electrode at',
3dead pellent cable I operating Inslrue6ons and I service manuml
2. 804200• LIFEPAK 10 del.bnllaloumonilor without Cum FACE noninvasWe
pacemaker opllon
3. 801807• 8er1ey 9uppon 9yaram,recharpes FASTPAK' [anerlea to DO'h
capacity In 70 minutes, has Integral battery discharger, ballery '
capacity evaluator, and deflbrl0alor lesler t)
4. 910424,09 Bsllery Pak
S SOW94 00 FAST PATCH' adapter, provides hands oft dehhnOatron capaDddles
b, 800139. LIFE-PATCH pro plied adult ECO electrodes ~I
104645. FAST PATCH disposable deebrllleiion electrodes
61 803377. OVIK PACE pacing electrodes TOTAL ; 81ll
9. 1104700 Still) chart recorder papa
10. 610413• Pallent cable
11, 802905• OUIK.PACE noninvasive pacemaker pacing table }
I ~ I
l f2. 805106• Ineervlcevideo I1
13. 6dS1y} Carrying case !
14. e004i$- E.wrnal Pediatric Paddle albchmsnls 11 pair, ,If 1
I 16 Y'd11P. Auxiliary power supply 120'720 VAC Input
Is, 804220 Auselary power supply 12 VDC Input k
i 1
it Ahemal'rc Lnorti mo nfnraX.n Tn. nMve bland r!G lamml r5 ev,vl•rMe 1n Icau Al) SBIeS 1st hl appkCabfC) Will be added 10 the
36 month travel ._rwlnxnrn purchase price
6l) lnonlh lea^e 1_ Per mprln BY
gal can adds selvoe cdnl a;l rot the Znd a+d 34 r!l,s of evlvr Ieaw to cone, "'vre AC O Un t Ra ! egfj
a t lV!
l Neer the wanp,ly perrod taf_..- ,_._.__~.______.Ixl morph TdIP -------__p_`-----•_-_e
PHYSIO CONTROL LIFEPAK, LIFE6TAT. VIM, CMS, 1
Plesse eddrees P.O. as follows: FASTPAK, I PATCH, OUIK PACE OUIK LOOK,
Physio-Control Corporation LIFE-PATCH, OUIKCHARaE, DERMAJELend Shock
1600 E. Lamar Blvdr Salta L10 Ad"acrySYSlemartPadnmarklorPhysroContld
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NO.
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AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT
FOR fHE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES;
k PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City has solicited, received and tabulated E
competitive bids for the purchase of necessary materials, equip-
ment, supplies or services in accordance with the procedures of
state law and City ordinances; and
h WHEREAS, the City Manager or a designated employee has s
reviewed and recommended that the herein described bids are the
lowest responsible bids for the materials, equipment, supplies or
services as shown in the "Bid Proposals" submitted therefor; and
WHEREAS, the City Council has provided in the City Budget for f
the appropriation of funds to be used for the purchase of the
materials, equipment, supplies or services approved and accepted 7
herein; NOW, THEREFORE,
i
THE COMICIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the numbered items in the following numbered
bide or materials, equipment, supplies, or services, shown in the
"Bid Proposals" on isle in the Office of the City's ' Purchu5 i
Agent filed according to the bid number assigned thereto, are
hereby accepted and approved as being the lowest responsible 'bids
for such items:
BID ITEM
NUMBER NO. VENDOR AMOU14T
1078 ALL DAVIS TRUCK 6 Vn11TPMP.W (2j_ $131.86Q.00
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SECTION 11. That by the acceptance and approval of the above
numb ere terns 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
and for the specified sums contained in the Bid Invitations, Bid
Proposals, and related documents.
~a SECTION 111. That should the City and persons submitting
approve an accepted items and of the submitted bids wish to
enter into a formal written agreement as a result of the
acceptance, approval, and awarding of the bids, the City Manager
t or his designated representative is hereby authorize to execute
the written contract which shall be attached hereto; provided that
the written contract is in accordance with tha terms, conditions w
specifications, standards, quantities and specified sums contained
in the Bid Proposal and related bid documents h,4rein approved and
accepted.
SECTION IV. That by the acceptance and approval Council etiereby
numbereFems of the submitted bids the CCiity c
authorizes the expenditure of funds therefor in the amount and in
with th bids or pursuant to a written
f SECTION V. That this ordinance shall become effective
imme ate y upon its passi.ge and approval.
`
f i PASSED AND APP1tUVt;D this day of 11990.
I NAY"
ATTEST:
CITY CRELY
JENNIFER WALTERS,
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCR, CITY ATTORNEY
1
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BY: _
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PAGE TWO
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a r DATES March 12,1990
3 ~
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CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROMs Lloyd V. Harrell, City Manager
SUBJECTS BID#1070 REAR LOADING REFUSE TRUCK
I
RECOMMENuATION: We recommend this bid be awarded to Davis Truck
=s and Equipment, in the amount of $65,900.00 each, for a total bid +
award of $131,800 for two trucks, with delivery in 30 days for I
one truck: The second in 60 days or less.
SUMMARYs This bid is for the purchase of two rear loading refuse
trucks. These trucks will replace two older trucks used in
collection of residential refuse. i
We are recommending Davis Truck and Equipment bid #2 for award
based upon compliance with specification and delivery schedule.
t
The lowest price offered, Summit White GMC, failed to meet truck
specification requirements for front axle and springs. We
requested 16,000 lb axle and 8,000 lb springs. They offered
14,000 lb axle and 7,300 lb springs. Due to the nature of the I
work and load distribution, variations in the suspension system
are critical and a major concern in bid evaluation. The
delivery schedule offered by Summit White GMC, is 150 days r
versus the 30-60 days offered by Davis Truck.
1
The next lowest price offered was from Davis Truck and Equipment
#1. They meet or exceed specifications. They are $1,100.00 S
lower, but also have a delivery schedule of 120-150 days. I
} The third lowest bidder was Southwest Equipment. The; are
$96.00 lower than the recommended bid. They have taken the same
exceptions to the truck specifications as Summit White GMC, and
also have a delivery schedule of 120-150 days.
The recommended bid, Davis Truck #2 has a delivery schedule of
one truck in 30 days and the second in less than 60 days. The
bid specifications clearly stated that delivery would be a major
portion of the bid evaluation and that each bidder should
respond with their best possible delivery schedule. Currently,
, one of the old trucks has been taken out of service due to
excessive repair cost and the second is deteriorating rapidly due
to heavy usage. (Ref, memo from Jack Jarvis Fleet 1
superintendent dated 2/28/90). The savings generated by
accepting the 1-2 month delivery over the 4-5 month delivery,
and the heavier front suspension off-set any reduction in cost
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associated with acceptance of the lowest price bid.
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Backup for Bid #1060
March 12, 1990
Page 2 of 2
i
` BACKGROUNDS Tabulation Sheet, Memorandum from Jack Jarvis, Fleet
Superintendent.
PROGRAMS, DEPARTMENT OR GROUPS AFFECTED: Solid Waste Residential
Collection and Motor Pool.
1
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FISCAL IMPACT: Funds for the purchase of these trucks will come
from Certificates of obligation approved earlier this fiscal
year for Motor Pool Fleet Equipment.
Account #720-004••0020-8707.
Respectf ly submittedt 99
I
Lloyd . Harrell
City Manager
Prepared by:
Names Tom D. Shaw, C.P.M.
Titles Purchasing Agent
Approved
Names Tom D. Shaw, C.P.M.
Titles Purchasing Agent
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cirY of D[NTON, raXAS VEHICLE MAINTENANCE / 804 TEXAS ST, ! DENTON, TX 76201 / {817566-8430
H E M O R A N D U M
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T0: Tom Shaw, Purchasing Agent
n FROM: Jack Jarvis, Fleet Superintendent
DATE: February 28, 1990
SUBJECT: BID 111070 REAR LOAD REFUSE TRUCKS
I would recommend the purchase of Bid #1070 Rear Load Refuse
Truck be awarded to Davis Truck and Equipment even though thereare
two other bids which are lowerl one by $960 and the other by $1500.
Each of the two lower bids have a long delivery date of 120 tol50 1
days each. Davis Truck and Equipment has offered delivery within 1
30 days on one truck and 60 days (or less) on the second. We did
ask for a short delivery date as part of our bid because of the
critical need for replacing the two old trucks.
One of the units being replaced has already been removed from
service because of requiring $6,000 worth of repairs. The second
truck is being used as a front line unit because of down time and
repairs being made on other front line trucks. We feel the repairs
of this truck will cost is much more than we could save by buying
the low bid at a $1500 savings.
E' Our estimated cost of repair and overtime to get the routes JI
ran would be in excess of $1500 per month. At this rate, our $1500 1
savings on low bid is used up in one month. Considering this,
accepting the low bid with a five month delivery would not result in
any savings for the city. Obviously, having a short delivery time
_ could save us several thousand dollars over a five month period.
I feel it would be to the advantage of the City of Denton to
go ahead and take delivery of the trucks from Davis Truck and Equip-
ment and save money on repairs, down time, and overtime.
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xc: Robert E. Nelson
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ORDINANCE N0.
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN
THE CITY OF DENTON AND THE GREATER DENTON ARTS COUNCIL FOR THE
PAYMENT AND USE OF HOTEL TAX REVENUE FOR THE RENOVATION OF THE OLD
CITY STEAM PLANT; AND PROVIDING AN EFFECTIVE DATE.
a
j THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION i That the Mayor is hereby authorized to execute an }
agreement between the City of Denton and the Greater Denton Arts
council for the payment and use of hotel tax revenue for the e,
renovation of the old City Steam Plant, under the terms and
conditions contained in the agreement, a co
hereto and made a part hereof, pY of which is attached
SECTIO All That the City Council hereby authorizes the
expenditure of funds as set forth in the agreement.
S MI- oN Ir„ That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of 1990. n
1
RAY STEPHENS, MAYOR
ATTEST:
JENNIFER WALTERS$ CITY SECRETARY
BYs
APPROVED AS TO LEGAL FORMS
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BYs
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2925L
AGREEMENT BETWEEN THE CITY OF DENTON AND
THE GREATER DENTON ARTS COUNCIL
PROVIDING FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE
FOR THE RENOVATION OF THE OLD CITY STEAM PLANT
THIS AGREEMENT made between the City of Denton Texas a
muni-
cipal corporation (the "City"), ► , rts
Council, a non-profit corporatiinand the corporated Greater Chet laws of {
the State of Texas (the "GDAC"):
WHEREAS, TEX. TAX CODE §351.002 authorizes the City to levy by
ordinance a municipal hotel occupancy tax ("hotel tax") not ex-
ceeding seven percent (7R) of the consideration paid by a hotel
occupant; and
WHEREAS, by Ordinance 86-67, the City has provided for the
assessment and collection of a municipal hotel occupancy tax in
the City of Denton of seven percent (7%); and
WHEREAS, TEX. TAX CODE §351.101 (a) authorizes the City to use
revenue from its municipal hotel occupancy tax to promote tourism
and the convention and hotel industry by the acquisition of sites
for and the construction, improvement, enlarging, equipping, re-
pndairin, operation and maintenaion center historical restoration nandopreserevation projects a or ilies
cacti- ,
vities or advertising and conducting solicitations and promotional
programs to encourage tourists and convention delegates or regis-
t
immediate rants to visit preserved historic sites or museums at or in the
in vicinity tmunicipality convention its center vicinty facilities that would bo fre
elsewhere
9
ca
quented by tourists, convention delegates, or other visitors to
fE the municipality; and
WHEREAS, the City has leased to the GDAC the 'Old City Steam
Plant:, which the GDAC proposes to renovate by the use of public A
and private funds and thereafter operate the facility for the
benefit of the community and in furtherance of those objectives
set forth above; and ;
i
WHEREAS, the City wishes to allocate hotel tax revenue funds
to be used for the specific purpose of renovating this "Old City
Steam Plant"; and
WHEREAS, the GDAC is well equipped
private funds and raise the e J,
b perform the renovation project as contemplated
ted
y this Agreement and the lease agreement between the City and the
GDAC; and
WHEREAS, TEX. TAX CODE 5351.101 (c) authorizes the City to j {
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delegate by contract with the GDAC as a private organization the
management and supervision of programs and activities of the type
described hereinabove funded with revenue from the municipal hotel
occupancy tax;
~ i
NOW, THEREFORE, in consideration of the performance of the
mutual covenants and promises contained herein, the City and the
GDAC agree and contract as follows:
I. HOTEL TAX REVENUE PAYMENT TO GDAC
M 1.1 Consideration. For and in consideration of the GDAC Q
raising the necessary private funds and undertaking the reno-
vation, restoration, and preservation of the "Old City Steam
Plant". the City agrees to pay to the GDAC a portion of the hotel
tax revenue collected by the City at the rates and in the manner
specified herein (such payments by the City to the GDAC sometimes
herein referred to as "the agreed payments' or "hotel tax funds"). P %
1.2 Amount of Payments to GDAC.
(a) As used in this agreement, the following terms shall
have the following specific meanings:
(i) The "hotel tax revenue" shall mean the monies col-
lected and received by the City during any relevant
period of time (i.e., fiscal year, fiscal quarter, or
calendar month) as municipal hotel occupancy tax at
the rate of seven percent (7%) of the price paid for a
room in a hotel, pursuant to TEX, TAX CODE 1351.002
and City Ordinance 86-87, together with and including
any sums of money received by the City from taxpayers
during any relevant fiscal quarter or calendar month
as attorney's fees, court costs, or other expenses of
collection of hotel tax, but excluding interest and
penalties received by the City by taxpayers.
(ii) The term "base payment amount" shall mean an
amount of money equal to one seventh (1/7th) of the
total hotel tax revenue collected by the City during
any relevant period of time (i.e. fiscal year, fiscal
quarter, or calendar month), lees (1) such amounts
incurred during such relevant period of time for costs
of collection of hotel taxes from taxpayers or auditing
taxpayers for tax payment compliance, such collection
and auditing costa to include fees paid to attorneys
or other agents not in the regular employ of the City y
and which attorneys or agents effect collection of the
hotel tax from taxpayers or audit such taxpayers, and ;
3
PAGE 2 a
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(2) court costs and expenses incurred in litigation
against or auditing of such taxpayers.
i
(b) The City shall pay to the GDAC an amount of money
equal to one hundred percent (100X) of the base payment amount
for the term of this Agreement.
Y
1.3 Dates of Payments to GDAC.
(a) The term "quarterly payments" shall mean payments by
p the City to the GDAC of those amounts specified in 91.2 above as
determined by the hotel tax revenue collected by the City dur-
ing an
,7 one fiscal quarter during the term of this Agreement. The
term monthly payments" shall mean payments by the City to the
GDAC of those amounts specified in 91.2 above as determined by the
hotel tax revenue collected by the City during any one calendar
month during the term of this Agreement.
(b) City shall pay the GDAC the agreed payments specified
in 11.2 above quarterly. Each such quarterly payment shall be
paid to the GDAC on or before the forty-fifth (45th) day after
the last day of such respective fiscal quarter for which such
payment is due.
1 r
(c) Should the City, by amendment to the Code of Ordinancesr
of the City of Denton, require that the hotel tax be paid on a
j monthly basis, the agreed payments by the City to the gDAC speci-
fied in 91.2 above shall be paid monthly. Each such mo,ithly pay-
ment shall be paid to the GDAC on or before the forty-fifth (45th)
day after the last day of such respective calendar month for which
such payment is due.
II. USE OF HOTII. TAX REVENUE BY GDAC
2.1 Use of Funds. For and in consideration of the payment by
the City to the GDAC of the agreed payments of hotel tax funds
and such other funds received or raised from other sources as
contemplated herein only for the purposes of improving, enlarg-
ing, equipping, repairing, restoring, and preserving the 'Old
City Steam Plant property under lease from the City, as autho-
rized by TEX. TAX CODE 1351.101 (a)(1) and (5).
2.2 Other Authorised Use of Funds. The hotel tax funds received }
from the City by the GDAC may be spent for architectural, engi-
neering, and other related professional expenses and fees incurred
in the performance by the GDAC of those functions specified in
1201 above.
1
2.3 Specific Restrictions on Use of Funds. The hotel tax
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funds received from the City by the GDAC may not be used for
administrative costs or expenses, including day-to-day opera-
tions, auppiiea, salaries, office rental, travel expenses, or
other administrative costs of the GDAC.
k
III. RECORD KEEPING AND REPORTING REQUIREMENTS
3.1 Budget.
(a) On or before July 31st of each calendar year during
the term Gf this the City Manager ofrthee City an annual hbudget efor the next m ensu-
ing fiscal year of this Agreement for the GDAC and any other
operation or function of the GDAC in which the hotel tax funds
shall be used by the GDAC. The City shall not pay to the GDAC
anyyii agAggreed payments or hotel tax funds during any fiscal year of
se approved unless in wrsuch iting budget for such reective
the Denton City Council. year
has been
(b) The GDAC acknowledges that the approval of such budget
by the Denton City Council creates a fiduciary duty in the GDAC
with respect to the hotel tax funds paid by the City to the GDAC Y
a under this Agreement. The GDAC shall expend hotel tax funds only
in the manner and for the purposes specified in the budget as
approved by the City.
3.2 Separate Accounts. The GDAC shall maintain any hotel tax
funds paid to the GDAC by the City in a separate account or ac-
counts established for such purpose and may not commingle such k
hotel tax funds with any other money or maintain such hotel tax
funds in any other account.
3.3 Financial Records. The GDAC shall maintain complete and
accurst* financial records of each expenditure of the hotel tax
funds
t
unds made by the GDAC and, upon request of the Denton City
Council or the City's Executive Director of Finance or his desig-
nee, shall masts such financial records available for inspection
! and review by the Denton City Council or the City's Executive
Director of Finance or his designee.
3.4 Quarterly Reports* The GDAC shall furnish to the City a
report of the services performed by the GDAC under this Agreement +
within thirty (30) days after the end of each fiscal quarter of
this Agreement. Such report shall summarize the activities of the
GDAC in performance of the services specified in 42.1 and 112.2 t
above and the receipt of the agreed payments and expenditure of
the hotel tax funds received by the GDAC from the City. s
3.5 Notice of Meetings. The GDAC shall give the City Manager
F,
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i F of the City advance written notice of the time and place of
general meetings of the GDAC Board of Directors. Such notice
shall be given in the same manner and at the same time as notice
is given of such meetings to members of the board. This
provision shall not be deemed to require the GDAC to admit the
i City ans.er to any executive session of the Executive Committee
l
of the IV. INDEMNIFICATION
4.1 Indemnification. The Chamber agrees to indemnify, hold
harmless, and defend the City, its officers, agents, and employees
from and against any and all claims or suits for injuries, damage,
loss, or liability of whatever kind or character, arising out of
or in connection with the performance by the Chamber of those
p services contemplated by this Agreement, including all such claims 1
or causes of action based upon common, constitutional or statutory
law, or based, in whole qr in part, upon allegations of negligent
or intentional acts of Chamber, its officers, employees, agents,
subcontractors, licensees and invitees.
x
V. TERM AND TERMINATION
5.1 Term. The term of this Agreement shall be for two (2)
` years, commencing April 1, 1990 and terminating at midnight on
Ir March 31, 1992, or upon completion of the renovation of the Old
City Steam Plant, whichever event occurs first. Provided, how-
ever, notwithstanding any provision to the contrary this Agree-
went shall terminate upon the earlier occurrence o midnight on
March 31, 1992 or the completion of renovation of the Old City
Steam Plant.
5.2 Termination.
(a) This Agreement may be terminated by either party by
giving the other party one hundred eighty (180) days' advance
written notice.
4 (b) This Agreement shall automatically terminate upon the
occurrence of any of the following events:
(i) The termination of the corporate existence
of the GDAC; d
(ii) The insolvency of the GDAC, the filing of 1
a petition in bankruptcy, either volun-
tarily or involuntarily, or an assignment
` by the GDAC for the benefit of creditors;
i` or
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` (iii) The continuation of a breach of any of
the terms or conditions of this Agreement
by either party for more than thirty (30)
` days after written notice of such breach
} is given to the breaching party by the
other party.
VI. GENERAL PROVISIONS
6.1 Subcontract for Performance of Services. Nothing in this
f Agreement shall prohibit, nor be construed to prohibit, the
G agreement by the GDAC with another private entity, person, or
organization for the performance of those services described in
92.1 above. In the event that the GDAC enters into any arrange-
ment, contractual or otherwise, with such entity person or or-
ganization, the GDAC shall cause such other entity, person, or
k organization to adhere to, conform to, and be subject to all pro-
visions, terms, and conditions of this Agreement and TEX. TAX CODE
Chap. 351, including reporting requirements, separate funds main-
tenance, and limitations and prohibitions pertaining to expendi-
ture of the agreed payments and hotel tax funds.
i
6.2 Independent Contractor. The GDAC shall operate as an in-
E dependent contractor as to all services to be performed under this
Agreement and not as an officer, agent servant, or employee of
` the City. The GDAC shall have exclusive control of its opera-
tions and performance of services hereunder, and such parsons,
f entities, or organizations performing the same and the GDAC shall
be solely responsible for the acts and omissions of its directors,
officers, employees, agents, and subcontractors. The GDAC shall
not be considered a partner or joint venturer with the City, nor
'k shall the GDAC be considered nor in any manner hold itself out as
l an agent or official representative of the City.
r 6.3 Notice. Any notice required to be given under this
Agreement or any statute, ordinance, or regulation, shall be
effective when given in writing and deposited in the United,
States mail, certified mail, return receipt requested, addressed
II
to the respective parties as follows:
I~ City: Greater Denton Arts Council I
City Manager President, Board of Directors
City of Denton Greater Denton Arts Council
215 E. McKinney 207 South Bell
Denton, TX 76201 Denton, TX 76201 ~
t 6.4 Inurement. This Agreement and each provision hereof, and
each and every right, duty, obligation, and liability set forth { j
herein shall be binding upon and inure to the benefit and obli- {
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gation of the City and the GDAC and their respective successors
and assigns.
65 Application of Laws. All terms, conditions, and provi-
sions of this Agreement are subject to all applicable federal
laws, state laws, the Charter of the City of Denton, all ordi-
nances passed pursuant thereto, and all judicial determinations
relative thereto.
6.6 Exclusive Agreement. This Agreement contains the entire
understanding and constitutes the entire agreement between the
arties hereto concerning the subject matter contained herein.
There are no representations, agreements, arrangements, or under-
standings, oral or written, express or implied, between or among
the parties hereto, relating to the subject matter of this agree-
ment,
tions of this rAgreem Agreement shall prevail notwithstanding any variance
in this Agreement from the terms and conditions of any other
document relating to this transaction or these transactions.
6.9 Duplicate Originals. This Agreement is executed in
duplicate originals.
6.10 Pleadings. The headings and subheadings of the various
sections and paragraphs of this Agreement are inserted merely for
the purpose of convenience and do not express or imply any limi-
tation, definition, or extension of the specific terms of the
section and paragraph so designated.
i
EXECUTED this day of 1990.
THE CITY OF DENPON, TEXAS
;y.
By:
Fay Stephens, ayor
ATTEST: APPROVED AS TO LEGAL FORM.
By' By.
iitWYt !
snn ar a era, a ra am ayov c
City Secretary City Attorney
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PAGE 7 4
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GREATER DENTON ARTS COUNCIL
i By.
Robert steno
President
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ATTEST: APPROVED AS TO LEGAL FORM:
By., By.,
Secretary av es, Attorney
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ORDINANCE NO.
A
THE CITY OF N ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN
PAYMENT AND USE OF HOTEL TAX REVENUE FORNTHE ARTSS AND PROV DINGTAN
EFFECTIVE DATE.
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THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSs
BFSTION I That the Mayor is hereby authorized to execute an
agreement between the City of Denton and the Greater Denton Arts
Council for the payment and use of hotel tax revenue for the Arts,
under the tome and conditions contained in the agreement, a copy
of which is attached hereto and made a part hereof.
N II That the City Council hereby authorizes the
expenditure of funds as set forth in the agreement.
,x^ECTiON IIr_ That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the " day of
1990. jjtt
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FAY STEPHL~NS, MAYOR
ATTESTS
JENNIFER WALTERS, CITY SECRETARY
fJ BY$
APPROVED AS TO
LEGAL FORK:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
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gdac#2.ord
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AGREEMENT SETdEEN THE CITY OF DENTON AND
THE GREATER DENTON ARTS COUNCIL
PROVIDING FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE
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THIS AGREEMENT made between the City of Denton, Texa., a muni-
cipal corporation (the "City"), and the Cre-iter Denton Arts
Council, a non-profit corporation incorporated under the laws of
the State of Texas (the "GDAC"):
WHEREAS, TEX. TAX CODE §351.002 authorizes the City to levy by
ordinance a municipal hotel occupancy tax ("hotel tax") not ex-
ceeding seven percent (7x) of the consideration paid by a hotel
f occupant; and
WHEREAS, by Ordinance 86-67, the City has provided for the
assessment and collection of a municipal hotel occupancy tax in
the City of Denton of seven percent (7% ; and
r WHEREAS, TEX. TAX CODE §351.101 (a)(4) authorizes the City to +
use revenue from its municipal hotel occupancy tax to promote 1
k tourism and the convention and hotel industry for the encourage-
f ment, promotion, improvement, and application of the arts, in-
cluding instrumental and vocal music, dance, drama, folk art, f
creative writing, architecture, design and allied fields, painting,
sculpture photography, graphic and craft arts, motion pictures,
radio, television, tape and sound recording, and other arts related j
to the presentation, performance, execution, and exhibition of
these major art forms; and
vitieeERaEAS, the GDAC is well equipped to perform those a.ti-
WHEREAS, TEX. TAX CODE 1351.101 (c) authorizes the City to
delegate by contract with the GDAC as a private organization the
management and supervision of programs and activitiad of the type
y described hereinabove funded with revenue from the municipal hotel
occupancy tax;
NOW, THEREFORE, in consideration of the performance of the
mutual covenants and promises contained herein, the City and the }
r GDAC agree and contract as follows:
q
I, HOTEL TAX REVENUE PAYMENT TO GDAC
1.1 Consideration. For and in consideration of the activities
to be performed by the GDAC under this Agreement, the City agrees
k to pay to the GDAC a portion of the hotel tax revenue collected
by the City at the rates and in the manner specified herein (such
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( Eayments by the City to the CDAC sometimes herein referred to as
'the agreed payments" or "hotel tax funds").
1.2 Amount of Payments to CDAC.
(a) As used in this agreement, the following terms shall
have the following specific meanings:
(i) The "hotel tax revenue" shall mean the monies col-
lected and received by the City during any relevant
period of time (i.e., fiscal year, fiscal quarter, or
calendar month) as municipal hotel occupancy tax at
the rate of seven percent (7R) of the price paid for a
room in a hotel, pursuant to TEX. TAX CODE 1351.002
a and City Ordinance 86.87, together with and including
i any sums of money received by the City from taxpayers
as during any slfeest ourtlcosts, teor other l expenses month
collection of hotel tax, but excluding interest and
penalties received by the City by taxpayers.
(ii) The term "base payment amount" shall mean an
a
amount of money equal to one seventh (1/7th) of the
total hotel tax revenue collected by the City during n
any relevant period of time (i.e. fiscal year, fiscal
quarter, or calendar month), less (1) such amounts
incurred during sucb relevant period of time for costs
of collection of hocel taxes from taxpayers or auditing
taxpayers for tar payment compliance, such collection
and auditing costs to include fees paid to attorneys
or other agents not in the regular employ of the City
and which attorneys or agents effect collection of the
hotel tax from taxpayers or audit such taxpayers, and
(2) court costs and expenses incurred in litigation
against or auditing of such taxpayers.
(iii) In the event that the municipal hotel occupancy
tax rate is reduced from the current rate of 7% to 6x9
the term "bass payment amount" shall be deemed to mean
an amount of money equal to one sixth (1/6th) of the
total hotel tax revenue, ae defined above, collected
by the City during any relevant period of time (i.e.
fiscal year, fiscal quarter, or calendar month), less
(1) such amounts incurred during such relevant period
of time for costs of collection of hotel taxes from
taxayers or auditing pliance, such collection as dy auditing costsaoe include
fees paid to attorneys or other agents not in the
regular employ of the City and which attorneys or
agents effect collection of the hotel tax from tax-
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payers or audit such taxpayers, and (2) court costs
and expenses incurrad in litigation against or audit-
ing of such taxpayers.
(b) The City shall ppa to the GDAC an amount of money equal
t to one hundred percent (100%) of the base payment amount for the
term of this Agreement.
1.3 Dates of Payments to GDAC.
(a) The term "quarterly the City to the GDAC of those amountstspecifi d in 11.2ab~ovo as
determined by the hotel tax revenue collected by the City dur-
ing an
one fiscal quarter during the term of this Agreement. The
term 'monthly payments shall mean payments by the City to the
GDAC of those amounts specified in 11.2 above as determined by 4
the hotel tax revenue collected by the City during any one calen-
dar month during the term of this Agreement.
(b) City shall pay the GDAC the agreed payments epeci- r
fied in 41.2 above quarterly. Each such quarterl payment shall
be paid to the GDAC on or before the forty-fifth 45th) day after ¢
the last day of such respective fiscal quarter for which such
payment is due. z
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(c) Should the City, by amendment to the Code of Ordi-
nances of the City of Denton, require that the hotel tax be paid
on a monthly basis, the agreed payments by the City to the GDAC
specified in e1.2 above shall be paid monthly. Each such monthly
payment shall be paid to the GDAC on or before the forty-fifth
(45th) day after the last day of such respective calendar month
for which such payment is due.
II. USE OF HOTEL TAX REVENUE BY GDAC
2.1 Use of Funds. For and in consideration of the payment by
the City to the GDAC of the agreed payments of hotel tax funds
and such other funds received or raised from other sources as
contemplated herein only for the purposes of encouragement, pro-
motion, improvement, and application of the arts, including in-
strumental and vocal music, dance, drama, folk art, creative
writing, architecture, design and allied fields, painting, sculp-
ture, photography, graphic and craft arts, motion pictures, radio,
television, tape and sound recording and other arts related to
the presentation, performance, execution, and exhibition of these
major art forms.
2.2 Administrative Costs. The hotel tax funds received from
the City by the GDAC may be spent for day-to-day operations, sup-
;
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plies, salaries, office rental, travel expenses, and other admin-
istrative costa that are incurred directly in the performance by
the GDAC of those activities specified in 42.1 above.
2.3 Specific Restrictions on Use of Funds.
(a) That portion of total administrative coats of the GDAC
for which hotel tax funds may be used shall not exceed that por-
tion of the GDAC's administrative costs actually incurred in con-
ducting the activities specified in 42.1 above.
(b) Hotel tax funds may not be spent for travel for a
t person to attend an event or conduct an activity the primary
purpose of which is not directly related to the promotion of
tourism and the convention and hotel industry or the performance
of the person's job in an efficient and professional manner. s
III. RECORD KEEPING AND REPORTING REQUIREKENTS
3.1 Budget.
(a) On or before July 31st of each calendar year during
the term of this Agreement, the GDAC shall prepare and submit to
the City Manager of the City an annual budget for the next
ensuingg fiscal year of this Agreement for the GDAC and any other
operation or function of the GDAC in which the hotel tax funds Y
shall be used by the GDAC. The City shall not pay to the GDAC
any agreed pay- ments or hotel tax funds during any fiscal year
of this Agreement unless such budget for such respective fiscal
I year has been ap- proved in writing by the Denton City Council.
I (b) The GDAC acknowledges that the approval of such budget
by the Denton City Council creates a fiduciary duty in the GDAC
with resgact to the hotel tax funds paid by the City to the GDAC
under this Agreement. The GDAC shall expend hotel tax funds only ;
in the manner and for the purposes specified in the budget as '
approved by the City.
3.2 Separate Accounts. The GDAC shall maintain any hotel tax
funds paid to the GDAC by the City in a separate account or ac-
counts established for such purpose and may not commingle such
hotel tax funds with any other money or maintain such hotel tax
funds in any other account. t
3.3 Financial Records. The GDAC shall maintain complete and
accurate financial records of each expenditure of the hotel tax
funds made by the GDAC and, upon r.easorably advance written re- {
quest of the Denton City Council or the City's Executive Director
of Finance or his designee, shall make such financial records
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available for inspection and review by the Denton City Council or
the City's Executive Director of Finance or his designiee.
3.4 Quarterly Reports. The GDAC shall furnish to the City a
roport of the services performed by the GDAC under this Agreement
within thirty (30) days after the end of each fiscal quarter of
this Agreement. Such report shall summarize the activities of
a the GDAC in performance of the services specified in 42.1 and 42.2
above and the receipt of the agreed payments and expenditure of
the hotel tax funds received by the GDAC from the City. The GDAC
shall also provide to the City copies of each contract entered
into by the GDAC which contract deals with the use or expenditure
of hotel tax funds or the performance of those activities speci-
fied in paragraph 2.1 and which have a term of more then six (6)
months.
3.5 Notice of Meetings. The GDAC shall give the City Manager
of the City advance written notice of the time and place of
meetings of the GDAC Hoard of Directors. Notice shall be given
in the same manner and at the same time as notice is given of
such meetings to members of the board. This provision shall not
be deemed to require the GDAC to admit the City Manager to any
executive session of the Executive Committee of the GDAC.
IV. REIMBURSEMENT AND INDEMNIFICATION
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4.1 Reimbursement of GDAC for Administrative Costs. In the
event that this Agreement is terminated pursuant to Section
5.2(a), the City agrees to reimburse the GDAC for any and all
expenses and costs undertaken by the GDAC in performance of those 6
activities specified in 42.1 above or expenses or costs incurred
by the GDAC as described in 42,2 above. The City is obligated to
reimburse the GDAC for expenses and costs as described in 42.2
i above only for the period commencing upon `hs date notice of
e termination is given and ending upon the ditto of termination.
Further, this obligation shall be limited to the lesser of the
actual expenses and costs incurred by the GDAC during the one
3 hundred eighty day period preceding termination or the agreed
i payments otherwise due and payable to the GDAC for such period.
4.2 Reimbursement of GDAC for Contractual Obligations. In
the event that this Agreement is terminated pursuant to Section
5,2(a), the City agrees to reimburse the GDAC for any and all
contractual obligations of the GDAC undertaken by the GDAC in
performance of those activities specified in 42.1 above, condi-
tioned upon such contractual obligations having been incurred and 1
entered into in the good faith performance of those activities
contemplated in 12.1 above, and further conditioned upon such
contractual obligations having a term not exceeding the full term
of this Agreement. Notwithstanding any provision hereof to the ,
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I contrary, the obligation of the City to reimburse the GDAC for or
under any contractual obligations of the GDAC for or under any
contract entered into by the GDAC as contemplated herein shall
not exceed FIVE THOUSAND DOLLARS ($5,000.00). Such monetary
limitation is cumulative of all contractual obligations and shall
not be construed as a monetary limitation on a per contract basis.
4.3 Payment of Reimbursement to GDAC.
E'
(a) With respect to expenses and costs incurred by the
GDAC for which the City is obligated to reimburse the GDAC pur-
suant to 44.1 above, the City shall pay such reimbursement amount
due, if any, to the GDAC on or before the forty-fifth (45th) day
after the date this Agreement is terminated. In the event that
the agreed payments are such paid monthly pursuant to 11.3 (c)
c above, the City shall pay reimbursement amount to the GDAC on or
i before the forty-fifth (45th) day after the last day of such
respective calendar month in which this Agreement is terminated.
(b) With respect to contractual obligations undertaken by
the GDAC for which the City is obligated to reimburse the GDAC
for or under any contract entered into by the GDAC as contemplated
herein as provided in 14.2 above, the City shall reimburse the
GDAC for such contractual costs, expenses, and monetary
obligations required in such contractual obligation in such
amounts and at those times such contractual costs and expenses
are due and payable according to the terms of such contract,
subject to the limitation set forth in 14.2 above.
4.4 Indaunification. The GDAC agrees to indemnify, hold
harmless, and defend the City, its officers, agents, and am-
ployees from and against any and all claims or suits for injuries,
damage, loss, or liability of whatever kind or character, arising
f out of or in connection with the performance by the GDAC of those
services contemplated by this Agreement, including all such claims
or cau;:., of action based upon common, constitutional or statutory
law, or based, in whole or in part, upon allegations of negligent
or intentional acts of GDAC, its officers, amployeee, agents,
subcontractors, licensees and invitees.
V. TERN AND TERMINATION
5.1 Term. The term of this Agreement shall commence April 1,
1990 and terminate at midnight on March 31, 1994.
f 5.2 Termination.
(a) This Agreement may be terminated by either party by
giving the other party one hundred eighty (180) days' advance
written notice.
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(b) This Agreement shall automatically terminate upon the
` occurrence of any of the following events:
(i) The termination of the corporate existence
of the GDAC;
(ii) The insolvency of the GDAC, the filing of
a petition in bankruptcy, either volunta-
„ rily or involuntarily, or an assignment
by the GDAC for the benefit of creditors;
or
(iii) Thecontinuation or conditions breach
this of
Agreemet the
either the City or the GDAC for more than
thirty (30) days after written notice of
such breach is given to the breaching
party by the other party.
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VI. GENERAL PROVISIONS
6.1 Subcontract for Performance be fconeServices.
to o gg prohibit, in tthe
Agreement shall prohibit, o or
agreement by the GDAC with another private entity, parson
organization for the performance of those services described in
12.1 above. In the event that the GDAC enters into any arrange-
ment , contractual or otherwise, with such entity, person or x
organization, the GDAC shall cause such other entity, person, or
organization to adhere to, conform to and be subject to all pro-
visions, terms, and conditions of this Agreement and TEX. TAX
CODE Chap. 331, including reporting requirements, separate fLnds
ten fpertaining to ex-
maintenancef the alimitations ndand hotel prohi itione
penditure o 8
6.2 Independent Contractor. The GDAC shall operate as an
independent contractor as to all services to be performed under
this Agreement and not as an officer, agent servant, or employee
of the City. The GDAC shall have exclusive control of its oper-
ations and performance of services hereunder, and such persons
entities, or organizations performing the same and the GDAC shalt
be solely responsible for the acts and omissions of its directors
The GDAC shalt
officers, employees, agents, and subcontractors.
not be considered a partner or joint venturer with the City, nor
shall the GDAC be considered nor in any manner hold itself out as
an agent or official representative of the City.
6.3 Notice. Any notice reqquired to be given under this
11 be
Agreement or any atin°,writingananJ depositedatinn,the aUnited
effective when given
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States i,ail, certified mail, return receipt requested, addressed
to the respective parties as follows:
City; Greater Denton Arts Council
City Manager President, Board of Directors
City of Denton Greater Denton Arts Council
px, c 215 E. McKinney 207 South Bell
Denton, TX 76201 Denton, TX 76201
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6.4 Inurement. This Agreement and each provision hereof, and
t each and every right, duty, obligation, and liability set forth
herein shall be binding upon and inure to the benefit and obli-
gation of the City and the GDAC and their respective successors F
! and assigns.
6.5 Application of Lavs. All terms, conditions, and pro-
visions of this Agreement are subject to all applicable federal
laws, state laws, the Charter of the City of Denton, all ordi-
nances passed pursuant thereto, ar' all judicial determinations
relative thereto.
6.6 Exclusive Agreement. This Agreement contains the entire
understanding and constitutes the entire agreement between the
parties hereto concerning the subject matter contained herein.
There are no representations, agreements, arrangements, or under-
I standings, oral or written, express or implied, between or among
the parties hereto, relating to the subject matter of this r4ree-
ment, which are not fully expressed herein. The terms and condi-
tions of this Agreement shall prevail notwithstanding any variance
in this Agreement from the terms and conditions of any other
document relating to this transaction or these transactions.
! 6.9 Duplicate Originals. This Agreement is executed in
I ! duplicate originals.
6.10 Headings. The headings and subheadings of the various
sections and paragraphs of this Agreement are inserted merely for
I'E the purpose of convenience and do not express or imply any limi-
tation, definition, or extension of the specific terms of the
I~ section and paragraph so designated.
10 EXECUTED this day of , 19900
h' THE CITY ON DENTON, TEXAS
I
By.,
j ay Stephens, mayor j
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ATTEST: APPROVED AS TO LEGAL FORM: g
By. By:
Jennifer a tere, a ra am rayov tc o
City Secretary City Attorney
GREATER DENTON ARTS COUNCIL
By.,
Robert stes;
President
ATTEST: APPROVED AS TO LEGAL FORM:
By: By:
ecretary av ee, Attorney
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March 12, 1990
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CITY COUNCIL AGENDA ITEM
2
( TO., MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Lloyd Harrell, City Manager
SUBJECT: CONSIDER CONTRACT WITH ENSERCH GAS COMPANY AT
VARIOUS DELIVERY POINTS
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RECOMMENDATION:
The Utilities Staff recommends the approval of the
contract between ENSERCH Gas Company (Seller) and the y
City of Denton (Buyer) at various delivery points.
:
SUMKARY/BACKGROUND:
The City Council, at their meeting of December 19, 19891
I approved the contract for the purchase of spot gas from
Seller at the City of Denton Spencer Generating Plant.
The new contract is similar to the one passed by the City
Council except that the sale and purchase of gas shall
take place at various points of the Lone Star Gas Company
(Buyer's Agent) pipeline within the State of Texas. The
present "spot" price is 51,44/MCF versus present Lone Star
contract gas at 53.57/MCF. A transportation fee of $0.16 to
50.21/MCF would be added to this "spot" price from the
delivery point to its final destination.
FISCAL IMPACT:
The City presently receives approximately 35% of its power
requirements from gas generation. The cost of fuel has an
effect on our economic dispatch (i.e., split the savings) as
well as gas used in our plant. We estimate $7.9 million for
gas generation this fiscal year and about $11.3 million by
1993 due to increase in both price and quantity of natural
gas. g
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03020061
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ENSERCH Contract
City Council March 32, 1990
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PROGRAMS, DEPARTM WTS OR GROUPS AFFECTED:
City of Denton, Texas Municipal Power Agency, Texas
Municipal Power Pool, Lone Staioy power production costs. V. Harrell/ j
City Manager
e aced by:
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Enire H.
Director of Electric Utilities
Ap ve s7, ,~~j~J ~ {
E.E. Nelson
Executive Director of Utilities
Exhibit I Ordinance
II City and ENSERCH Contract
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03020061
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ORDINANCE NO.
AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF SPOT GAS
FROM ENSERCH GAS CORPANY; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City has solicited, received and tabulated com-
petitive sealed proposals for the purchase of spot gas in
accordance with the procedures of state law and City ordinan:ea;
and
p
WHEREAS, the City Manager has reviewed and recommended that
the proposal of Enserch Gas Company is the lowest responsible
proposal services as shown in the "Bid Proposals" submitted
J therefor; and
WHEREAS, the City Council has provided in the City Budget for
the appropriation of funds to be used for the purchase of spot
gas herein; NOW, THEREFORE,
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THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the proposal of Enserch Gas Company is
here y'accepted and approved as being the lowest responsible
proposal for the items set forth in the proposal.
SECTION II. That the City Manager is '~-~reby authorized to
execute 'a contract with Enserch Gas Company for the purchase of
spot gas under the conditions set forth therein, a copy of which
is attached hereto and incorporated by reference herein.
SECTION III. That by the acceptance and approval of the above
proos it e of
funds therefor inythe uamounteandyinuaccordancehwithxpthei written
contract made pursuant thereto.
SECTION IV. That this ordinance shall become effective
imme atdteelyr upon its passage and approval.
PASSED AND APPROVED this the day of
1990.
0
KAY STEPHENS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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APPROVED AS TO LEGAL FORM:
DEBRA DRAYOVITC , CITY ATTORNEY
BY:
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GAS SALES CONTRACT
THIS CONTRACT is made and entered into as of the 1st day of January, 1990
by and between ENSERCM GAS COMPANY (Seller), whose mailing address is 1700
f Commerce Place/8th Floor, Dallas, Texas 75202, and the CITY OF DENTON (Buyer),
whose address is Municipal Building, Denton. Texas 76701, and provides for the
sale and purchase of such quantities of gas which Seller has available and the
right to sell from various sources within the State of Texas under Seller's
existing agreements. Said gas production will be made available to Buyer or Lone
Star Gas Company (Buyer's Agent) under this Contract on a monthly basis at the
Delivery Point(s) hereunder,
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Delivery Point The Point(s) of Delivery for all gas delivered hereunder shall
be at the inlet flange of Buyer's Agent's meters located at various points on
Buyer's hgent's pipeline within the State of Texas. Title to all gas delivered
hereunder shall pass from Seller to Buyer at said Point(s) of Delivery. Buyer
shall arrange and pay for the transporter, ion of the gas covered hereunder from
the delivery point to its final destination.
I
II.
TEYm. The term of this Contract shall commence on January 1, 1990 and continua
through December 31, 1993, and month to month thereafter until cancelled by
either party giving thirty (30) days prior written notice to the other party.
Buyer affirms that it will suffer no irreparable injury by virtue of the
expiration of this Contract at the time and date such expiration occurs and
` hereby authorizes the abandonment of service as sot forth herein.
III.
NanUtX. Subject to the terms and conditions herein, Buyer may purchase and
receive such quantities of as
source g that Seller has available for ~
s hereunder on any given day not to exceed a maximum quantnti ty of twenty-
five million cubic feet (25 MMcf) of gas per day. rho quantities of gas which
s Seller has available for sale to Buyer shall be determined solely by Seller and
t shall be that quantity of gas which Seller delivers each day to Buyer's Agent
at the Point(s) of Delivery hereunder for delivery to Buyer. Nothing contained
herein, however, shall be construed as preventing the parties from mutually t
agreeing in vriting to the sale and purchase of quantities of gas in excess of 1
those provided in this paragraph.
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f Prior to the beginning of each month, Beyer shall notify Seller of the estimated
monthly volumes, if any, that Buyer in good faith estimates it will purchase
hereunder during such month. Buyer may assign, upon thirty (30) days prior
written notice to Buyer's Agent, any or all nomination obligations to Seller.
Upon such assignment, Seller shall inform Buyer's Agent of estimated monthly
t volumes which Seller estimates Buyer's Agent will deliver to Buyer for such
month.
Both parties recognize that the volumes delivered at the Point(s) of Delivery
hereunder may be commingled with volumes of gas delivered under agreements
between Seller and other third parties; therefore, for allocation and billing
purposes Buyer and Seller hereby agree that the procedure for allocation of all
volumes delivered at the Point(s) of Delivery shall be mutually agreed upon by
the involved parties.
F
In no event shall the volumes of gas that Seller sells and delivers to Buyer or
f that Buyer purchases and receives from Seller under the `erms of this Contract
ever exceed the volumes of gas which can be legally produced .nder the applicable
i. rules and regulations of the Railroad Commission of Texas in the course of
reasonably prudent operations.
Seller shall be in control and possession of the gas sold and purchased hereunder
and be responsible for and shall indemnify and hold Buyer or Buyer's Agent
harmless from any damages or injury caused thereby until the same shall have been
delivered to Buyer or Buyer's Agent at the Point(s) of Delivery, except for
injuries and damages occasioned proximately by the negligence of Buyer or Buyer's 1
` Agent. Buyer shall be in control and possession of the gas sold and purchased
hereunder and be responsible for and shall indemnify and hold Seller harmless
from any damage or injury caused thereby once the same has been delivered to
I Buyer or Buyer's Agent at the Point(s) of Delivery, except for injuries and
damages occasioned proximately by the negligence of Seller.
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Price and Payment, For all of Seller's gas delivered to Buyer or Buyer's Agent
at the Point(s) of Delivery and purchased hereunder, the price to be paid by
Buyer for gas hereunder during the term hereof shall be negotiated by buyer and
Seller for any mutually agreeable time period(s). Itk the event buyer and Seller
cannot mutually agree upon a negotiated price prior tv the beginning of any such
period, than neither party shall have any obligation to perform under this
Contract during such period, except for the requirement to make payment of any
amounts due hereunder.
In no event shall any price paid and collected hereunder exceed any maximum
lawful price established by the Natural Gas Policy Act of 1978 (NGPA) which is
applicable by vintage, character, and category to the gas sold hereunder. If 1
such contract price is reduced to such lesser maximum lawful price, Seller shall #
be entitled to collect such allowances as are available under Section 110 of the
NGPA for gathering, treating, compression and tax reimbursement (as limited by {
Article VI hereof), but the sum total of such maximua lawful price and Section
110 allowances shall not exceed an otherwise applicable contract price. ;
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Seller shall render a statement to Buyer on approximately the 15th day of each
month for gas delivered the previous month, Said statement shall be based on
Buyer's Agent's sales meters and Buyer shall pay Seller the amount of the
statement within twelve (12) days from the date Seller's statement is deposited
postage prepaid in the United States nail or in case of hand delivery, within
ten (10) days from the date Seller's statement is delivered to a representative
of Buyer from a representative of Seller. If the total invoiced amount of any
payment due is not paid when due, interest on all unpaid amounts shall accrue
L at the rate of one and one-half percent (1 1/21) per month from the date such
amount is due Seller; provided, however, no interest shall accrue on unpaid
amounts when failure to make payment is the result of a bona fide dispute between
the parties hereto regarding such amounts and Buyer timely pays all amounts not
in dispute. Should litigation on any of these amounts be required, Buyer agrees
to reimburse Seller for its reasonable attorneys fees,
1
4 Bills rendered for gas delivered hereunder shall be payable at Seller's office
d located at P. 0, Box 910264, Dallas, Texas 75391.0264, or such other address as
may from time to time be designated by Seller upon reasonable notice.
~ V.
1 Measurement. Heating value is to be calculated at a pressure of 14.65 psis on
a dry basis and temperature of 60°F. The unit of volume for purposes of
measurement shall be one thousand (1,000) cubic feet of gas at 14.65 psis and
600F, as corrected pursuant to current industry standards, and Buyer's Agent's
meters and other measurements shall be conclusive except for when the meter is
found to be inaccurate by as much as one percent (It) fast or slow, or to have
failed to register. The quantity of gas delivered while the meter was inaccurate
or failed to register shall be determined by correcting the error if the
percentage of error is ascertainable by calibration test or mathematical
calculation. If not so ascertainable, then it shall be determined by estimating
the quantity on a basis of deliveries under similar conditions when the meter
was registering accurately. No adjustment or correction for meter inaccuracy
or failure shall be made for a period longer than ninety (90) days.
V1.
Taxes. Buyer and Seller acknowledge that the present severance, production,
gathering or similar taxes amount to seven and one-half percent (7.1/2%) of the
purchase price and is included therein. In addition to the terms and provisions
of Article IV herein, Buyer agrees to reimburse Seller monthly for one hundred
percent (1001) of the aggregate amount of all severance, production, gathering, i
or similar taxes is d ed, assessed or fixed by any taxing authority or authorities
and paid by Seller with respect to gas sold and delivered hereunder which exceeds
the aforesaid amount in effect on the date hereof, In addition to the
aforementioned taxes, Buyer also agrees to reimburse Seller for any and all taxes
(not including excess profits, capital stocks, franchise or general property
taxes) levied, assessed or fixed by any taxing authority or authorities,
including but not limited to gross receipts taxes, and paid by Seller with
respect to the sale, transportation, handling, and/or delivery of gas sold j
hereunder,
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Quality' Seller shall deliver for receipt by Buyer's Agent natural gas which
is of merchantable quality and free of water and other objectionable fluids and
no oxygen and not more than five (5) Brains of
The as shall contain n
solids. g
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total sulphur, consisting of no more than one-quarter (.25) grain of hydrogen
sulfide and one (1) grain of mercaptan sulphur per one hundred (100) cubic feat
r, of gas, not more than three percent (31) by volume carbon dioxide, and not more
than seven pounds (7#) of water vapor per one million (1,000,000) cubic feet of
gas, and which has a heat content of not less than nine hundred fifty (950) nor
more than eleven hundred fifty (1,150) British Thermal Units per cubic foot under
the conditions of measurement contained herein. The gas delivered hereunder
shall be at temperatures not in excess of one hundred and twenty degrees (120°)
Fahrenheit, and not less than forty degrees (40°) Fahrenheit.
Vill.
3 Warranty, Seller hereby warrants to Buyer that at the time of delivery of gas
hereunder it will have good title or tha right to deliver such gas, and that such
gas will be free and clear of all liens and adverse claims; and Seller agrees
with respect to the gas delivered by it, to indemnify Buyer against all suits,
actions, debts, accounts, damages, costs (including attorney's fees), losses and
expenses arising from or out of any adverse claims, relating to Seller's title,
of any and all persons to or against said gas.
Each party warrants to the other that its (and/or its agent's) facilities
utilized for the delivery and acceptance of gas hereunder are wholly intrastate
facilities and are not subject to the Natural Gas Act of 1938, as heretofore
amended. As a material representation, without which both parties would not have
been willing to execute this Contract, each party warrants to the other party q
that it (and its agents) will take no action or commit an act of omission which
will subject its (or its agent's) facilities, this transaction, or the other
party's (or the other party's agent' a) facilities, to jurisdiction of this Federal
Energy Regulatory Commission (FERC) or its successor governmental agency under ;
the terms of the Natural Gas Act of 1938, as amended. The pa delivered and
accepted hereunder shall not have been nor shall be sold, transported or
otherwise utilized in interstate commerce in a manner which will subject either
party (or their agents) to the terms of the Natural Cox Act of 1938, as amended.
In addition to and without excluding any remedy the aggrieved party may have at
law or in equity, the party who breached the above warranties and representations
shall be liable to the aggrieved party (and the aggrieved party's agent) for all
damages, injury and reasonable expense the aggrieved party (and the aggrieved
party's agent) may sustain by reason of any breach hereof. Further, should
i either party (or their agents) perform any act, or cause any act to be performed,
at any time, that results in any gas covered hereunder becoming regulated by or
subject to the jurisdictional consequences of the FERC or successor governmental s
authority contrary to this Contract, this Contract shall be deemed of its own {
terms to terminate on the day before the date of such occurrence; provided,
however, such termination shall never be construed to impair any right arising 1
under this paragraph. j
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Buyer and Seller agree that this Contract will be construed according to the
a laws of the State of Texas.
IX.
Force Kajeure. In the event of either party hereto being rendered unable, wholly
or in part, by force majeure to carry out its obligations under this Contract,
other than to make payments due hereunder, it is agreed that on such party's
giving notice and full particulars of such force majaure by written notice or
by telegraph to the other party as soon as possible after the occurrence of the
cause relied on, then the obligations of the party giving such notice, so far
as they are affected by such force majeure, shall be suspended during the
continuance of any inability so caused but for no longer period, and such cause
shall as far as possible be remedied with all reasonable dispatch. The term
'force majeure", as employed herein, shall mean acts of God; strikes, lockouts,
or other industrial disturbances; acts of the public enemy, wars, blockades, J
insurrections, civil disturbances and riots, and epidemics; landslides, it
lightning, earthquakes, fire, storms, floods, and washouts; arrests, orders,
directives, restraints and requ'.rements of the government and government
agencies, either federal or state, civil and military; any application of
governmental conservation rules and regulations; explosions, breakage or accident
to machinery or lines of pipe; shutdowns of equipment or lines of pipe for
inspection, maintenance or repair; shortage of water, freezing of wells or lines
w
of PiP~ e• partial or entire failure, depletion or loss of ells or sources of
of 8~ s• inability or refusal of Buyer's Agent to accept deliveries of
a
supply
gas from Seller or redeliver gas to the Point(s) of Delivery, cancellation by
Buyer's Agent of Buyer's transportation agreement with Buyer's Agent fir any ~
reason whatsoever; and any other causes, whether of the kind enumerated or
otherwise, not reasonably within the control of the party claiming suspension.
It is understood and agreed that the settlement of strikes or lockouts shall be
entirely within the discretion of the party having the difficulty, and that the 3
above requirement that any force majeure shall be remedied with all reasonable
dispatch shall not require the settlement of strikes or lockouts by acceding to
the demand of the opposing party when such course is or is deemed to be J
inadvisable or inappropriate In the discretion of the party having the I1
difficulty.
X.
Reeit&js and Covenants., The intent and purpose of this Contract is to enable
Buyer to purchase gas from a source other than its traditional utility source
of supply. Buyer is not relying on and will not rely on any expectation of sales
or service from Seller except as specifically provided in this Contract. It is
intended that Seller's furnishing of gas to Buyer be solely and strictly under
the quantity, terms, and other provisions of this Contract, 9
Buyer believes that it is in its beet interest to purchase gas under the terms 1
and conditions of this Contract and without the benefit of the duties,
obligations, and conditions of sale and service which could apply to Seiler were
Seller deemed to be a utility. Buyer recognizes and agrees that in purchasing
gas under these conditions it will not hara available certain legal remedies
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against Seller which it would have were Seller to be a utility or, even if Seller
were deemed to be a utility, were gas to be purchased from Seller under
circumstances and conditions other than under this Contract.
i
Buyer agrees and stipulates that, in making sales to Buyer under this Contract,
Seller is neither the sole nor exclusive source of supply of gas to Buyer nor
will Seller be engaged in the making of a city gate sale to Buyer, a
Buyer hereby waives any and all rights to assert or claim that Seller has any
obligations whatsoever to provide natural gas sales or service to Buyer other
,ems than under the terms and conditions of this Contract, or that any obligations
l• will accrue by virtue of sales or service under this Contract. This waiver
specifically includes, but is not limited to, any claim or assertion that any
cessation of sales or service provided by Seller to Buyer, provided such
cessation is in conformance with the provisions of this Contract, constitutes
abandonment of Buyer or that Seller must receive permission for such cessation
from any governmental authority.
Should, for any reason, Seller ever be deemed to require the permission of any
governmental authority for the cessation, whether of a permanent or temporary
nature, of service and sales to Buyer as provided for in this Contract, Buyer
agrees that such cessation is in the public interest and that such permission
should be granted and/or deemed granted at the time of execution of this
Contract.
M.
Miscellaneous.
Buyer's purchase of Laid gas under this Contract shall be subject
to all terms and conditions of any release(s) applicable to said gas from prior
contracts of other purchasers.
Waiver by Seller of a particular right or default hereunder shall not be deemed
a waiver of other rights or defaults whether similar or dissimilar.
This Contract supersedes and replaces all prior contracts between the parties
hereto, or their respective predecessors in interest, for gas at the location
and for the purposes herein designated, and constitutes the entire contract
between the parties.
This Contract constitutes the entire agreement between the parties covering
the subject matter hereof, and there are no agreements, modifications, conditions
or understandings, written or oral, expressed or implied, pertaining to the
subject matter hereof which are not referenced or contained herein.
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k IN WITNESS WHEREOF, the undersigned parties hereto have executed this
Contract in duplicate originals as of the day and year first herein written,
T
BUYER: SELLER:
CITY OF DENTON ENSERCH GAS COMPANY
By:
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Title: $
Title:
ATTEST:
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ORDINANCE NO.
AN ORDINANCE CALLING AND ORDERING AN ELECTION TO BE HELD IN THE
CITY OF DENTON, TEXAS, ON MAY 5, 1990, FOR THE PURPOSE OF ELECT-
ING COUNCILMEMBERS TO THE CITY COUNCIL OF THE CITY OF DENTON,
TEXAS TO PLACES 5 & 6 AND ELECTING A MAYOR TO PLACE 7. ORDERING
1,1AT THE PUNCH CARD ELECTRONIC VOTING SYSTEM ADOPTED 7; ORDERING
DENTON
COUNTY BE USED IN SAID ELECTION; DESIGNATING VOTING PLACES AND
1 APPOINTING ELECTION OFFICIALS; PROVIDING FOR ELECTION SUPPLIES;
PROVIDING FOR NOTICE OF SAID ELECTION; AND PROVIDING FOR AN
EFFECTIVE DATE.
I
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
Y'
SECTION I. Pursuant to the terms and provisions of Section
3.01 o~tWe-Zhsrter of the City of Denton, Texas, a municipal
election is hereby ordered to be held in the City of Denton,
Texas on the 5th day of May, 1990, for the purpose of electing
the Mayor to Place 7 and Councilmembers to Places 5 and 6;
In the event a runoff is required, such election shall be
held on Saturday, the 19th day of May, 1990.
SECTION II. The polls for said election on May 5, 1990,
and n~ he event a runoff election is required, on May 19,
1990, shall be open from 7:00 A.M. to 7:00 P.M., and the elec-
tion voting places or polling places shall be as follows:
1. All qualified voters residing in Single Member District
No. 1 shall vote at:
.i
MARTIN LUTHER KING, JR. RECREATION CENTER
1329 MORSE STREET
DENTON, TEXAS dd
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2. All qualified voters residing in Single Member District
No. 2 shall vote at:
FIRE STATION NO. 4
's 2110 SHERMAN DRIVE
DENTON, TEXAS
3. All qualified voters residing in Single Member District
No. 3 shall vote at:
NORTH LAKES RECREATION CENTER {
2001 WEST WINDSOR DRIVE
DENTON, TEXAS
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r 4. All qualified voters residing in Single Member District
I~ No. 4 shall vote at:
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e DENIA PARK RECREATION CENTER
1001 PARVIN
DENTON, TEXAS
SECTION III.
' The election officials for said election on
I~ May 3; 79YU, and for May 19th, should a runoff be required,
E shall be as follows:
1. (a) R. B. Escue shall be the Presiding Judge and Rosca
Toulouse shall be the Alternate Judge at the Central
Counting Station.
~ I
(b) Randie Smith shall be the Manager of the Central
Counting Station.
(c) Carol Pelzel shall be the Tabulation Supervisor at
the Central
Counting S~ ~ tation.
2. Catherine Bell shall be the Presiding Judge and Lula
Boyd shall be the Alternate Judge at the Martin Luther
King, Jr. Recreation Center in Singlo Member District
No. 1.
3. Doris Chipman shall be the Presiding Judge and Mary
Mecay shall be the Alternate Judge at the Fire Station
No. 4 in Single Member District No. 2.
4. Roaca Toulouse shall be the Presiding Judge and Dorothy
` Alderdice shall be the Alternate Judge at the North
I Lakes Recreation Center in Single Member District No. 3.
5. Nancy Duggan shall be the Presiding Judge and May
Pickett shall be the Alternate Judge at Dania Park
Recreation Center in Single Member District No. 4.
6. Jennifer Walters, City Secretary, shall conduct absentee
I voting under the Texas Election Code. 3
7. R.L. Speer, Presiding Judge, Absentee Ballot Board.
The respective Presiding Judge of each voting Place and the
Central Counting Station shall be authorized to appoint a suf-
ficient number of Clerks as they may deem necessary to assist
them in said election, including bilingual assistants as re-
quired by law.
i
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SECTION IV. Absentee voting shall be conducted for the
elect on to a held on May 5, 1990 and, in the event of a run-
M oft for the elect+_on, May 19, 1990, by the Office of the City
Secretary in the Municipal Building on East McKinney Street in
the City of Denton, Texas, and the polls' for absentee voting
shall be open for voting in person between the hour of 8:00
A.M. and 5:00 P.M. Monday through Friday during the times al-
lowed for absentee voting, commencing April lb, 1990 and end-
ing May 1, 1990.
,soar.' I
SECTION V. That the Mayor is hereby directed to provide
notice off' said election, and runoff election if necessary, in
accordance with Sections 4.002 (2) and 4.003 (bTexas Elec-
tion Code, said notice to be printed in the Spanish language s
and the English language, said posting to be not less than
twenty-one (21) days prior to said election and said publi-
cation to be made not earlier than the 30th day before the
election and not later than the 10th day before the election.
Ili SECTION VI. The City Secretary is hereby authorized to
prepare the o ficial ballot for said election and perform each
and every act required by the Charter and laws of the State of
Texas for holding elections.
SECTION VII. The rate of pay for election judges and
clerks sal Tbe the maximum amount provided for by State law. 1
SECTION VIII. That an electronic: voting system meeting
the requirements of Chapter 124 of the Texas Election Code i
shall be used for said election.
SECTION IX. That this ordinance :'111 become effective
imme atdi` ely upon its passage and approval
t
PASSED AND APPROVED this the day of March, 1990.
RAY j MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY ~
5
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
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ORDINANCE NO. `
AN ORDINANCE OF THE CITY OF DENTON RETAINING THE LAWFIRM OF
HENDERSON BRYANT & WOLFE TO REPRESENT THE CITY OF DENTON IN CLAIMS
AND LITIGATION PENDING AGAINST THE CITY: AND PROVIDING AN
EFFECTIVE DATE. 1
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECT il• That the Council of the City of Denton approves
the retainer of the laWfirm of Henderson Bryant & Wolfe to J
represent the City, at the normal City billing rates, in the 1
pending claim of the family of Larry Champion. s
SECTION TT. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of March, 1990.
RAY S'EFRENSO MAYOR 1
ATTESTS
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY I~I
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Denton Police Department 11J
221 N. ELM
DENTON, TEXAS 76201
To. Rick Svehla
Deputy
From: City Manager
r
Michael W. Jez, Chief of Police
Date: March 2, 1990
Subject: Denton Police Department Agenda Items for the March 12, 1990
City Council Meeting
Rick: {
As you know,
the Department
agenda, has three items on the March 12 City Council
The firs[ two of these items are
of grants received es th resolutions supporting the continuation
grants.
and D,A,R,E R py 89-90. They are the Child Abuse Investigation
The third to a resolution au ~
pporting a new grant request to provide
equipment and support funding for our narcotics unit. Details of all
three grant applications have been provided
7
available for review at the Police Department your office and are
As always, the Passage of
aretneeded ntonsubmituthe gantsappl budget n s ce not cometit the City Council pro s to N. However, the resolutions
y ti,
T,C.J.D, n to NT.C,O.G. and ultimately,
Please let me know if you require additional Information.
lion,
Sincerely,
i 1 W. Jez V22
Chief of Polic
e CITY M 4GERS OFF fCE
(817) 568-6161 f
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METRO 434.2620 i
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Denton Police Department
221 N. ELM
DENTON, TEXAS 76201
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To: Rick Svehla, Deputy City Manager
From: Michael W. Jez, Chief of Police
Date: March 8, 1990 I
Subject: Child Abuse Grant, D.A.R.E. Grant, and Narcotics Grant
Rick:
The following is a break down of the additional Information you requested
relevant to the grants:
Number of officers: ,I
Child Abuse Grant - 1 I
D.A.R.E. Grant - 1
Narcotics Grant -0
C.O.G. Funding: J
a Child Abuse Grant - ;47026 I
D.A.R.E. Grant - $37,717 J
Narcotics Grant - $580699
~I
City Contribution:
Child Abuse Grant - $15,159
r D.A.R.E. Grant - $10,234
Narcotics Grant - $34,838 J
Additionally, you will find detail sheets attached, which depict items
funded other than personnel.
el W. Je
Chie of 1 c
caclosures
(817) 588-8181 METRO 434.2520
I
1 FF
Suggested Format Part Ii!
Other Budget Information Sectior F
Line 21 k
Governor's Criminal Justice Division
r•„ SCHEDULE F
` SUPPLIES b DIRECT OPERATING EXPENSE
DIRECTLY CHARGED SUPPLIES - C) LOCAL CASH
L OTHER OPERATING COSTS REQUEST CONTRIBUTION TOTAL
(A)Renovation of Abuse Investigator office $ 1.500 $ 400 $ 2,000
$ 4,000
(5)Milage reimbarsement (see 14a) S 3.200 S _800
(C)35mm film ($4.01 x 24 96.24) S 76 $ 20 5 96
Y;
' (D)VCR video tapes ($3.30 x 24 -79.20) $ 64 $ 16 $ 80
(E)Office supplies S 480 S 120_ S 600 _
$ 38
(F) Recording tapes (1.27 x 30 -38.10) $ 30 S 8
(G) $ S
(H) $ S
$ $ S
" (7) $ $
4 TOTAL SUPPLIES & DIRECT OPERATING
EXPENSE BUDGET $ ,4$ 50 $ 1,364
REQUIRED NARRATIVE: Describe the basis for arriving at the cost of each line item.
SCHEDULEG
r. 1
INDIRECT COSTS CJ LOCAL CASH
REOUEST CONTRIBUTION TOTAL
(A) Indirect Costs Per Approved Cost $ $ $
Allocation Plan
(B) Indirect Costs Per CJD Computation Table $ 1,162 SXXXXXXXYX $ t, 762
NOTE: Indirect costa are authorized in an amount not to exceed the computation table
in the CJD Financial and Administrative Requirements section of the grant
S application kit, or as authorized per the applicant's cost allocation Plan.
aVo~tion and attach a copy
plan was approved. the docu-
REQUIRED NARRATIVE: If
method (A) by which is used, current cost the rate
ment
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PFe
F
Suggested Format Part III
r., Other Budget information Section F
Governor's Criminal Justice Division Line 21
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9
SCHEDULED
i
EQUIPMENT PURCHASES
4 EQUIPMENT NAME OR DESCRIPTION CJ LOCAL CASH i
AND QUANTITY REQUEST CONTRIBUTIONI TOTAL F
(A) Disk video still camera 6 system S 4,250 S 4,250 $ 8.500^^
(B) Computer Baud Modem 2400 $ 103 $ 103 $ 206
(C) Memory Expansion kit for computer $ 135 $ 135 $ 270
(D) Composite computer program $ 200 $ 200 $ 400
(E) Computer "Speed" Card S 200 $ 200 $ 400
(F) $ $ $
(G) $ $ $
(H) $ $ j
(I) $ $ $
IJ) $ $ $
TOTAL EQUIPMENT BUDGET $ 4,898 $ 4,888 $ 9,776
1. Minimum of 50% local cash contribution required for all purchases.
REQUIRED NARRATIVE: Describe the basis for arriving at the cost of each line item.
- SCHEDULE E
CONSTRUCTION ii
CJ LOCAL CASH J
ACTIVITYI FACILITY R£OURST CONTRIBUTION TOTAL
(A) $ S $
(B) _ $ s $
(C) $ $ $
(D) $ $ $
(E) $ _ $ $
`cDTAL CONSTRUCTION BUDGET $ $ $
1. State whether request Is for construction or renovation. Renovation of $5,000 or less should
be shown on Schedule F, "Supplies and Direct C•jeratIng Expense."
REQUIRED NARRATIVE: Describe the basis for arriving at the cost of each line Item.
CJD-13
{
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Suggested Format Part III •
i Other Budget Information Section F
21
' Governor's Criminal Justice Division Llne
SCHEDULE B
PROFESSIONAL AND CONTRACTUAL SERVICES n
CJ LOCAL CASH
f'
DESCRIPTION OF SERVICE REQUEST CONTRIBUTION TOTAL
Ff `(A) Medical exams for children of Sexual $ 20880 S 720 5 3 600
$ S _ - S
Assaults (24 x $150 -$31600) $ 3j000
JJ rah exams 24 x $125 - $3,000 $ 2 400 5 600
(D) $ J
S {
(E) $ $
S $
(F) 5
S $ $
(G) $ 5 5
(H)
TOTAL PROFESSIONAL AND $ 6 600
f CONTRACTUAL SERVICES BUDGET $ 5,260 $ 1,320
REQUIRED NARRATIVE: product expected. any anticipated Describe the basis for larrivingeat the cost and work
i
each line item.
MOTES: 1. Grant applications in which the proposed program will be operated by a third
party, under contract from the grantee, should complete and attach applica-
tion CJ0.11.1.
2. Personal services (such as consultants, trainers, counselors, evaluators,
( etc.) should be described by type of service, number of hours, rate per
hour, and travel costs if any.
1
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CJD 11
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RESOLUTION NO.
J
A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE SUBMIS-
SION C.F AN APPLICATION TO THE. TEXAS CRIMINAL JUSTICE DIVISION
REQUESTING FUNDING FOR A SPECIAL LAW ENFORCEMENT UNIT TO INVESTI-
GATE CHILD ABUSE VIOLATIONS; AND PROVIDING FOR AN EFFECTIVE DATE.
i' WHEREAS, Article 4413 (32a), V.T.C.S. was amended to enable
the Criminal Justice Division of the State of Texas to allocate
K grants and administer criminal justice programs on a statewide
a level; and
WHEREAS, the City of Denton is eligible to receive such funds '
and desires to promote the public safety and well-being of its
citizens through increasing the effectiveness of the Denton Police a
Department in its law enforcement relating to child abuse; and
WHEREAS, in order to receive such funds, it is necessary for Y
the Council of the City of Denton to authorize the submission of c
an application to the Texas Criminal Justice Division requesting
funding for a Special Law Enforcement Unit Police Officer to in-
vestigate child abuse to augment the City's Criminal Investigation
Unit; NOW, THEREFORE,
( THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: 1
SECTION I. That the City of Denton, Texas, certifies that it
is eTigiM-to receive a funding allocation from the Texas Criminal
Justice Division for a Special Law Enforcement Unit Child Abuse
Investigator/Police Officer to augment the City's Criminal Inves-
tigation Program.
SECTION II. That the City Council authorizes and directs the f
City onager, or his designee, to represent and act on behalf of
the City of Denton in applying for and working with the Criminal
Justice Division in regard to such grant application.
SECTION III. That a copy of this resolution shall be for-
wards to t e exas Criminal Justice Division and the North Texas
Central Council of Governments.
r SECTION IV. That this resolution shall become effective
imme a e y upon passage and approval.
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PASSED AND APPROVED this the E.
day of 1990.
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ATTEST:
JENNIFER WALTERS# CITY SECRETARY
BY:
I
APPROVED AS TJ LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY.
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Denton Police Department
t 221 N. ELM
DENTON, TEXAS 76201
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To, Rick Svehla, Deputy City Manager
i
From: Michael W. Jez, Chief of Police
i
Dates March 1, 1990
Subjects Denton Police Department Agenda Items for the March 12, 1990
City Council Meeting
3o-
t Ricks
As you know, the Department has three items on the March 12 City Council
agenda,
f The first two of these items, are resolutions supporting the continuation
of grants received in the FY 89-90. They are the Child Abuse Investigation 111
and D.A.R.E. grants.
' The third is a resolution supporting a new grant request to provide
equipment and support funding for our narcotics unit. Details of all
three grant applications have been provided to your office and are
available for review at the Police Department.
As always, the passage of these resolutions do not commit the City Council
as this can only occur during the budget process. However, the resolutions
are needed to submit the grant applications to N.T.C.O.G. and ultimately, III
T.C,J.D.
Please let me know if you require additional information.
Sincerely,
r
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I Chief of Police 2 M0
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rxvcily
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L (817) 568 glBi METRO 434-2620
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Denton Police Department
221 N. ELM
DENTON, TEXAS 76201
C
Tot Rick Svehla, Deputy City Manager
From:
Michael W. fez, Chief of Police
Date:
March 8. 1990
' s 1
SubJectt Child Abuse Grant, D.A.R.E. Grant, and Narcotics Grant
Rickt
lfolltowingthe
Theevan
to iegaranbreak;
re
ts dove of the additional information you requests
Number of officerst
Child Alusa Grant - 1
D.A.R.E. Grant - 1
NarcotICL Grant -0
C-0-G, Fu_ n_ d_ i_n :
Child Abuse Grant - $47,726
D.A.R.E. Grant - $37,717
Narcotics Grant - $58,699
City Contributiont
Child Abuse Grant - $15059
D.A.R.E. Grant - $10,234
Narcotics Grant - $34,838
Additionally, you will find detail shoots attached, which depict items
funded other than personnel.
p
r~a el W. Je
Chfe of 1 c
enclosures
(817)6w-8181
METAO 434.2520
r
I p Suggested Format
Other Budget Information Part III
Governor's Criminal Justice Division Section F
s Line 21
' SCHEDULEF
SUPPLIES b DIRECT OPERATING EXPENSC
DIRECTLY CHARGED SUPPLIES 0 L .OTHER OPERATING COSTS LOCAL CASH
fAhegreimbursement REQUEST CONTRIBUTION TOTAL
I S 2,400 S 600
S fBl Offioe supplies $ 31000
S 800 $ 200 S 1,000
IC)800 DARE Graduation Cert. @$1.00e4 640
(D)800 DARE Workbooks 0$1.00 ea. S 160 $ 800
I
(e) S 640 $ 160 s 800
(F) S S S
{G} S S S
I S S
rH) S ,
S S
$
fJ) S $ $
$ $ $
TOTAL SUPPLIES b DIRECT OPERATING
EXPENSE BUDGET
I S 4.480 $ 1 120 $ 600
REQUIRED NARRATIVE: Describe the basis for arriving at t),e cost of each line item...
SCHEDULEG
1
INDIRECT CASTS i
CJ LOCAL CASH
REQUEST CONTRIBUTION TOTAL
(A) Indirect Costs Per Approved Cost j
4 Allocation Plan $ $
(B) Indirect Costs Per CJD Com utatlon Table S S
I ~ 1 60 SXXXXXXXXX $1 ~Ap
j k MOM Indirect costs are authorized in an
in the C,ID Financial and a7tD17nt rx't to exceed the computation table
application
kit, or as authored Administrative Requirements section of the grant
per the applicant's cost allocation plan.
REQUIRED NARRATIVE; If method (A) Is used, specify the rate and attach a copy of the docu-
ment
by which the current cast allocation plan was approved.
I
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f.,:.,• Suggested Format Part III
Other Budget Information Section F
Governor's Criminal Justice Division Line 21
SCHEDULED
EQUIPMENT PURCHASES '
EQUIPMENT NAME OR DESCRIPTION ) LOCAL CASH '
j' AND QUANTITY _ REQUEST CONTRIBUTIONI TOTAL
(A) Video camera/recorder $ 790 S 790 $1,580
Vm p? (R) Camera lights for video camera S 83 S 83 S 166
(C) Tripod $ 55 $ 55 $ 110
(D) BriEfcase $ 45 $ 45 S 90 I
(E) $ $ S 1
° (F) S $ $
(G) $ $ $ s;
(H) $ S $
$ $ $
(J) $ $ $
TOTAL EQUIPMENT BUDGET $ 973 $ 973 $1.946
1. Minimum of 50% local cash contribution required for all purchases.
t
REQUIRED IARRATIVE: Describe the basis for arriving at the cost of each line item.
SEE ATTACHED (CJD-13a)
SCHEDULE E
CONSTRUCTION
CJ LOCAL CASH ;
ACTIVITYI FACILITY REQUEST CONTRIBUTION TOTAL ~ i
(A) $ $ S j
(D) $ $
(C) $ $ $ ;
(D) $ $ $
(E) S $ $
S
-.r.,TAL CONSTRUCTION BUDGET $ $
i. State whether request is for construction or renovation. Renovation of $5,000 or less should
be shown on Schedule F, 'Supplies and Direct Operating Expense.' )
REQUIRED NARRATIVE: Describe the basis for arriving at the cost of each line item.
CJD-13
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2916L
RESOLUTION NO,
A RESOLUTION BY THE COUNCIL OF ISE fiITY OF DENTON$ TEXAS
AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE TEXAS CRIMINAL
f JUSTICE DIVISION REQUESTING CONTINUED FUNDING FOR A DRUG ABUSE
RESISTANCE EDUCATION OFFICER AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, it is necessary for the Council of the City of Denton
to authorize the submission of an application to the Texas
Criminal Justice Division requesting continued funding for a Drug
Abuse Resistance Education Officer to augment the City's Crime
Prevention Unit; and
WHEREAS, Article 4413 (32a), V.T.C.S. was amended to enable
the Criminal Justice Division of the State of Texas to allocate
grants and administer crim;.nal justice progt`ams on a statewide
level; and
i
WHEREAS, The City o!' Denton is eligible to continue receiving
such funds and desires to promote the public safety and well-being
of its citizens tbrousn increasing the effectiveness of the Denton
k' Police Department in Its lt.-e enforcement and education relating to
Drug Abuse; NOW TIiEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON:
SECTION I. That the Ci'y Council of the City of Denton,
Texas, cart es that the Ci,y is eligible to receive a funding
allocation from the Texas Criminal Justice Division for a Drug
Abuse Resistance Education Officer to augment the Citysa Crime
Prevention Program and hereby authorizes the staff to submit an 3
t' application for the continuation of such funds.
SECTION II. That the City Council hereby authorizes and
_ directs t e ty Manager, or his designee, to represent and act on
behalf of the City of Denton in working with the Criminal Justice 1
Division in regard to such grant application.
f
SECTION III. That the Police Chief is hereby directed to
forward a 'copy -of this Resolution to the Texas Criminal Justice
Division and the North Texas Central Council of Governments.
SECTION IV. That this resolution shall become effective
imme ate y upon its passage and approval.
r,
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PASSED AND APPROVED this the day of , 1990.
STEPHENS RUN-
j
ATTEST:
JENNIFER WALTERS CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM: {
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
I _
P /,~1,~r1 r I
BY.,
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t Denton Police Department
a 221 N. ELM
DENTON, TEXAS 76201
I
To: Rick Svehla, Deputy City Manager
From: Michael W. Jez, Chief of Police
I
Date: March 2, 1990
Subject: Denton Police Department Agenda Items for the March 12, 1990
City Council Meeting
1
Rick:
3
As you know, the Department has three items on the March 12 City Council
agenda.
• The first two of these items are resolutions supporting the continuation }
of grants received in the FY 89-90. They are the Child Abuse Investigation
and D.A.R,E. grants.
The third is a resolution supporting a new grant request to provide
equipment and support funding for our narcotics unit. Details of all
three grant applications have been provided to your office and are
available for review at the Police Department.
As always, the passage of these resolutions do not commit the City Council
as this con only occur during the budget process. However, the resolutions
are needed to submit the grant applications to N.T.C.O.O. and ultimately,
1 T.C.J.D. i
Please let me know if you req,tire additional information.
Sincerely,
i
r
i W. Jet D
Chief of Police 2
a r ~TiE~iioll
CITY MANAGERS OFFICE
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METRO
(817) 566.8161 434.2620
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Denton Police Department
221 N, ELM
DENTON, TEXAS 76201
Tot Rick Svehla, Deputy City Manager
From: Michael W. Jea, Chief of Police
Dates March 8, 1940
Subjects Child Abuse Grant, D.A.R.E. Grant, and Narcotics Grant
i
Rick:
The following is a break down of the additional information you requested
relevant to the grants:
Number of officerst
Child Abuse Grant - 1
D.A.R.E. Grant - 1
Narcotics Grant -0
C.O.G. Funding:
Child Abuse Grant - 147,726
D.A.R,E. Grant - $370717
Narcotics Grant - $58,699
City Contribution:
Child Abuse Grant - #15059
D.A.R.E. Grant - $10,234
Narcotics Grant - $34,838
Additionally, you will find detail sheets attached, which depict items
funded other than personnel. 1
p
e
f
el W. Je
Chie of 1 c
i
enclosures
(817) 566.8181 METRO 434.2520 I
E 1
s
r,,•.', Suggested Format Part III
Other Budget Information Section F
Governor's Criminal Justice Division Line 21
SCHEDULEF
SUPPLIES 6 DIRECT OPERATING EXPENSE
k
DIRECTLY CHARGED SUPPLIES CJ LOCAL CASH
b OTHER OPERATING COSTS REQUEST CONTRIBUTION TOTAL
~kj (A) undercover apartment lease 6,000
(B) Confidential funds $22,500 $ $ 6,000
a < 7,500 S30,000
(C) VCR tapes ($3.30 x 24 79.20) g 80
S -0-
(D) Recording tapes ($1.27 x 60 =76.20) $ 76 $ -0- $ 80
$ 76
(E) Office Supplies g 600 $ -0- $ 600 '
(F)
$ S $
(G) S $
(H) S $ $
(I) S $ $ :1 fJ) $ $ $ `a
TOTAL SUPPLIES 6 DIRECT OPERATING
EXPENSE BUDGET U9.256 S 7_5no =$„756
REQUIRED NARRATIVE: Describe the basis for arriving at t1,e cost of each line Item.
i
a
i
I
SCHEDULEG i
INDIRECT COSTS
CJ LOCAL CASH qq -
REQUEST CONTRIBUTION TOTAL
(A) Indirect Costs Per Approved Cost
-Allocation -Plan S $ $ s
z
(B) Indirect Costs Per CM Computation Table $ 2,105 $XXXXXXXXX $ ;2,10_
' N(YI'E: Indirect costs ate authorized in an amount not to exceed the computation table
in the WD Financial and Administrative Requirements section of the ;^ant
application kit, or as authorized per the applicant's cost allocation plan.
REQUIRED NARRATIVE: If method (A) is used, specify the rate and attach a copy of the docu-
ment by which the current cost allocation plan was approved.
CJD-14
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Suggested Format Part III
Other Budget Information Section F
Governor's Criminal Justice Division Line 21
r
SCHEDULED
EOUIPMENT PURCHASED I 1
j' EQUIPMENT NAME OR DESCRIPTION CJ LOCAL CASH
AND QUANTITY REQUEST CONTRIBUTIONI TOTAL
(A) Body "Mike" system $ 2,500 S 2,500 $ 5.000
(B) Night Vision system S 2,800 $ 2.800 S 5.600
(C) Narcotics Identication Kit $ 175 $ 175 S
350
(D) Binoculars S 90 S g0 $ 180
i` (E) Video Still camera system $ 4,250 $ 4,250 $ 8.500
y (F) Low light VCR camera/recorder & light $ 1.500 $ 500 $ 3,Q00
6 (G) Tripod $ 75 $ 75 $ 150
~z (H) Tape recorders $ 18 S 78
$ 156
COnutgr ayArpln_0 Anftwnra $ 2.250 $ FMn $
I
(J) two undercover lease vehicles S 12.000 $12.000 S 96,000.
TOTAL EQUIPMENT BUDGET $ $ $ i
1. Minimum of 50% local cash contribution required for all purchases.
R EQUIRED NARRATIVE, Describe the basis for arriving at the cost of each line Item.
i I
I
I
SCHEDULE E
I _
CONSTRUCTION
CJ LOCAL CASH
ACTIVITY] FACILITY REQUEST CONTRIBUTION TOTAL
- f
(A) $ $ $
(B} $ $ $ ,
(C) S $ $ i
(D) $ $ $
(E) $ $ $ _
_r)TAL CONSTRUCTION BUDGET $ $ S
1. State whether request is for construction or renovation. Renovation of $5,000 or less should
be shown on Schedule F, "Supplies and Direct Operating Expense."
REQUIRED NARRATIVE; Describe the basis for arriving at the cost of erch line item.
j
CJD-33
1 1
d?
' i
r' Suggested Format Part III
Other Budget Information Section F
Governor's Criminal Justice Division Line 21
SCHEDULE D
EQUIPMENT PURCHASES
EQUIPMENT NAME OR DESCRIPTION CJ LOCAL CASH
~ AND QUANTITY REQUEST CONTRIBUTIONI TOTAL
R (K) Haz-rat Bio-chemical suits $ 50 $ 50 $ 100
v , (L) Nitrile Gloves $ 32 $ 32 $ 64
fM) Tyoevriter_ S 750 $ 5n $ sno-
N. Desks $ 316 $ 116
+ f0) Desk ai s $ 242 $ 249 $ 484 'P) Side Chairs S 262 S 262
S 4
(ZFile cabinets $ 242 $ 242 S 484 _
{A) Computer Table $ 180 $ 180 S 360
T) Calculator $_46 $ 46 $ 92
f.'1 $ $ $
TOTAL EQUIPMENT BUDGET $ 27,338 $ 27,338 $54,676
1. Minimum of 5D% local cash contribution required for all purchases.
REQUIRED NARRATIVE; Describe the basis for arriving at the cast of each line Item.
i
SCHEDULEE'
CONSTRUCTION
1 CJ LOCAL CASH
ACTIVITY FACILITY REQUEST CONTRIBUTION TOTAL
I -
(A) $ $ $
` (B) S $ $
(C) $ $ $
(D) $ $ _ $
i
(E) _ $ S $ i
CONSTRUCTION BUDGET $ $ $
f 1. State whether request is for construction or renovation. Renovation of $5,000 or less should
b shown on Schedule r, 'Supplies and Direct Operating Expenses s
I
REQUIRED NARRATIVE: Uescrlbe the basis for arriving at the cost of each line item.
I
I` CJD-13
3,
S
' I.
s 2917L
RESOLUTION NO.
A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE SUBMIS-
SION OF AN APPLICATION TO THE TEXAS CRIMINAL JUSTICE DIVISION
REQUESTING FUNDING FOR A SPECIAL LAW ENFORCEMENT UNIT TO INVESTI-
GATE AND COMBAT THE DISTRIBUTION OF CONTROLLED SUBSTANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
C.S. was amended to enable
WHEREAS, Article 4413 (32a), V.,.
the Criminal Justice Division of the State of Texas to allocate
grants and administer criminal justice programs on a statewide
level; and
g WHEREAS, the City of Denton is eligible to receive such funds
and desires to promote the public safety and well-being of its
citizens through increasing the effectiveness of the Denton Police j
Department in its law enforcement relating to drug abuse; and
t S'
WHEREAS, in order to receive such funds, it is necessary for
the Council of the City of Denton to authorize the submission of 4
an a plication to the Texas Criminal Justice Division requesting
t funding for a Special Law Enforcement Unit Police Officer to in- k
vestigate drug abuse to augment the City's Criminal Investigation
Unit; Now, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION I. That the City of Denton Texas, certifies that it r,.
is eligible t receive a funding allocation from the Texas Criminal
Justice Division for a Special Law Enforcement Unit Drug Abuse
Investigator/Police Officer to augment the City's Criminal Inves-
Y tigation Program.
i
' SECTION It. That the City Council authorizes and directs the j
' City onager, or his designee, to represent and act on behalf of
the City of Denton in applying for and working with the Criminal
r;. Justice Division in regard to such grant application.
f,
. SECTION III. That the Police Chief is hereby directed to
Justice
Council Texas
Central to the
North Texea rsolution
of a Govern ent.
vision and the of this
Di
' SECTION IV. That this resolution shall become effective
# ;ia imme a e y upon passage and approval.
E
f
6
PASSED AND APPROVED this the day of , 1990. -
P
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
7
# APPROVED AS TO LEGAL FORM
DEBRA A. DRAYOVITCH9 CITY ATTORNEY
BY:
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