HomeMy WebLinkAbout02-20-1990
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AGENDA
CITY OF DENTON CITY COUNCIL
February 20, 1990
Work Session of the City of Denton City Council on Tuesday, }
February 20, 1990, at 5:15 p.m. in the Civil Defense Room of
City Hall, 215 E. McKinney, Denton, Texas at which the
following items will be considered:
Note: Any item listed on the Agenda for the Work session may
also be considered as part of the Agenda for the
I Regular Meeting.
i 5:15 p.m.
1. Executive Session:
A. Legal Matters Under Sec. 2(e), Art. 6252-17
V.A.T.S.
1. Consider action in Denton County vg. Citr
E and In Re:9S![
11. Real Estate Under See. 2(f), Art. 6252-17
V.A.T.S. j
1. Discussion regardinq a potential land
a
acquisition for City space needs.
C. Personnel/Board Appointments Under Sec. 2(g),
Art 6252-17 V.A.T.S.
1. Consider appointments to the Building Code
Board and the Airport Advisory Board.
1.(5:45) Receive and discuss a report and consider giving staff
direction regarding co-sponsorship of baseball leagues.
2.(6:15) Receive a report and consider giving staff direction
regarding the Highway 2499 project.
3.(6:30) Hold a discussion and consider giving staff direction
regarding tho ETJ bounhary along Hickory Hill Road.
4.(6145) Receive a *eport and consider giving staff direction
regarding proposed amendments to drainage rEquirements
and design standards.
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City of Denton City Council Agenda
February 20, 1990
Page 2
Regular Meeting of the City of Denton city council on Tuesday,
Texas Council
McKinney, 7:00 P.M. in the
whichhathe r following
Hall, 15 OE. 1990,
items will be considered:
7:00 P.M.
,ay 1. Receive a citizen's report from Don otimes regarding
the creation of an ordinance relative to the renting
of hotel/motel rooms to juveniles.
2. P%`llc Hearings
k. Hold a public hearing and consider the final
replat of the Audra Meadows Addition, phase Ili
from Lot 27 into Lots 27 through 47, Block A.
This 3.466 acre tract is located west of Loop
288, south of Audra Lane and east of
Mockingbird. (The Planning and Zoning Commission
I recommends approval.)
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3. Consent Agenda
Each of these items is recommended by the Staff and h
approval thereof will be strictly on the basis of the staff
recommendations. Approval of the Consent Agenda authorizes the
City Manager or his designee to implement each item in
accordance with the Staff recommendations.
Listed below are bids and purchase orders to be
approved for payment under the ordinance section of the
agenda. Detailed back-up information is attached to the
(Aogenda
irsdinances
the Constems Agenda,to allow.COuncilhMecbstsito
discuss any item prior to approval of the ordinance.
A, Bids and Purchase Orders:
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1. 81d #1038 - Pickups 6 Trucks S
2. Sid #1060 - Paging System
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City of Denton City Council Agenda
T February 20, 1990
Page 3
3. Bid #1061 - Contract Concrete Work
4. Bid 101063 - Fiberoptics r
5. P.O. 494969 - Lone Star Gas Service Line for
Fire station #5
B. Change Order
1. Sunmount Corporation - Bonnie Brae Paving,
Drainage & Sidewalk
4. Ordinances
A. Consider adoption of an ordinance accepting
competitive bids and providing for the award of
contracts for the purchase of materials,
equipment, supplies or services. (3.A.1. - Bid
01058; 3.A.2. - Bid #1060; 3.A.4. - Bid #1063)
B. Consider adoption of an ordinance accepting
competitive bids and providing for the award of
contracts for public works or improvements.
(3.A.3. - Bid 01061)
C. Consider adoption of an ordinance authorizing the 1
Mayor to execute an agreement between the City of
Denton and Lone Star Gas Company for extending i
gas piping in Payne Drive from Crestmeadow to
Bonnie Brae in the City of Denton, Denton County, ! J
Texas. (3.A.5. - P.O. #94969)
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D. Consider 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 09977) J
E. Consider adoption of an ordinance smendi►q
Section 5-3 of Chapter 5, Article I (Building f
Code) of the Code of Ordinances of the City of
Denton to provide for energy conservation
requirements in certain apartment buildinga;
providing for a penalty in the maximum amount of
#500.00 for violations thereof; providing for a
severability clause; and providing for a
repealer. (The Building Code Advisory Board '
recommends approval.)
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c City of Denton City Council Agenda
February 20. 1990
Page 4
F. Consider adoption of an ordinance abandoning and
vacating P. portion of Underwood Street, located
immediately west of its intersection with Avenue
A, as public street; rAserving a utility 1
easement therein. (The Planning and Zoning
Commission recommends approval.)
a. Consider adoption of an ordinance providing Rules
of Procedure for the City Council of Denton,
Texas; providing a severability clause; and
amending ordinance No. 51-35.
H. Consider adoption of an ordinance of the City of
Denton, approving a compromise settlement and
release agreement with Dianne Scruggs.
1. Consider adoption of an ordinance authorizing the
Mayor to execute an agreement between the City of
Denton, Texas and Denton County Electric {I
Cooperative, Inc„ an electric cooperative
corporation organized under Article 1528b,
Revised Civil Statutes of Texas for the )pint use 1
of wood poles in LowieVille, Texas. (The Public
Utilities Board recommends approval.)
J. Consider 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 and use of hotel tax revenue.
X. Consider adoption of an ordinance authorizing the
Mayor to execute an agreement between the City of
Denton and the Denton County Historical
Foundation for the payment and use of hotel tax
revenue.
L. Consider adoption of an ordinance authorizing the ~I
_ Mayor to execute an agreement between the City of j i
Denton and the Denton County Historical Museum
for tht payment and use of hotel tax revenue.
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II M. Consider adoption of an ordinance authorizing the
Mayor to execute an agreement h;eta:ae.n the City of
Denton and the Denton Chamber of Commerce
for the
I payment and use of hotel tax revenue.
I N. Consider adoption of an ordinance authorizing the
Mayor to execute an agreement between the City of
Denton and the Greater Denton Arts Council for
for the
the renovation payment oE and use he old o City hotel stem ple t.
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City of Denton City Council Agenda
February 20, 1990
Page 5
0. 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
acts.
5. Resolutions J
A. Consider approval of a resolution cancelling the {
cegular Council meeting of March 6, 1990 and
calling a Special meeting to be held March 13,
1990.
B. Consider approval of a resolution by the City {
Council of the City of Denton, Texas, relating to
the issuance of obligations by tLe North Texas
Higher Education Authority, Inc; approving the
issuance of such obligations and the use of the
proceeds of such obligations; and making certain
findings in connection therewith.
C. Consider approval of a resolution authorizing the
Mayor to execute a contract agreement between the
City of Denton and the City of Farmersville,
Texas for the sale and purchase of wholesale !
electric service. (The Public Utilities Board
recommends approval.)
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D. Consider approval of a resolution authorizing the
City Manager to execute an agreement between the
City of Denton and Texas Waste Management, Inc.;
and authorizing the City Manager to execute all
license agroements entered into putauant to
Chapter 12 of the Code of Ordinances.
6. Miscellaneous matters from the City Manager.
7. official Action on Executive Session Items:
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A. Legal Matters
B. Real Estate
C. Personnel
D. Board Appointments
8. New Business:
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This item provides a section for council Members to
suggest items for future agendas.
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City of Denton City Council Agenda
February 20, 1990
Page 6
9• Executive Session:
A. Legal Matters Under Sec, 2(e), Art. 6252-17
V.A.T.S,
B. Real Estate Under Sea. 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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C R R 1' I F I C A T E
I certify that the above notice of meeting wau
bulletin board at the City Hall of the Ci of Denosted on
ton, T the
on the day of 1990 at Texas, 1
(a.m.) (P•m.) o clock
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CITY SECRETARY
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Williams & Associates
Box 13586
Denton, TeKas 78203
(817) 382.5992
February 5, 1990
E
Mr. Hugh Ayer '
425 Mimosa
Denton, Texas 76201
1
Dear Hughi
it is with considerable regret that I must submit my resignation
from the Denton Airport Advisory e3oard. I am unable to manage my
schedule to permit me to attend the meetings on a basis that I
should in order to effectively carry our my reoponsibilitier as a
Hoard member. I have enjoyed working with the Board, Joe i
Thompson, and Rick Svehla over the past several years.
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Sincerely,
` Donald R. Williams
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copies$ avid Arno
flick Svehla FS-7
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Cons0ting and 7ralnfng
Statistics/Operations Recearch
Design of Experimonis/QuaIIN Control
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FA
CITY COUNCIL REPORT FORMAT /
T0: Mayor and Members of the City Council 1
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FROM: Lloyd V. Harrell, City Manager
SUBJECTi Co-Sponsoring Youth Baseball Programs 1
RECOMMENDATION:
Review information submitted by Park Board and staff.
SUMMARY:
Should the City continue to sponsor two youth baseball programs.
BACKGROUND:
See attached memo.
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PROGRAMS, DEPARTMENTS OR OROUPS AFFECTED:
Parks and Recreation Department and youth sports associations. i I
FISCAL IMPACT: "j
Each additional group will cause: additional costs for expanded field j
maintenance. II i
~ RESPECT LILLY SUBMITTED:
` L o ar
Cit Manager
Prepared by:
Name Steve Brinkman
Title Director of Parks and Recreation
Appr v d:
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CITY of DENTON, TEXAS Civic Center/ 32 f E. McKinney/ Denton, TX 7620 f
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~ M E M O R A N D U M
aath~
Tot Mayor and Members of the city council
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PROMS 6teVe Brinkman, Diiactor of Parka and Recreation
G DATES February 14, 1990
6UBJECTr CO-sponsorship Philosophy
in 1987 the Park Board decided to experiment with the addition of another
youth baseball league (Little League) under the following conditions
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1) That they would not need any monetary assistance.
2) They would need to have at least four teams in an age group with a
minimum of 12 players per team in order to offer their program.
Prior to that decision, the Boys' Baseball League had had the sole sponsorship
for 39 years. Because the City does not run a youth baseball program as a
part of our recreation program, it is common to contrcctually sponsor a
private group to run a youth baseball program for the community. If that
group is doing an acceptable job and providing for the needs of the aublic, it
is unusual to sponsor numerous other groups unless there are ample facilities
and an adequate base of participants,
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I Since the co-sponsorship of these two leagues, we have had increasing
scheduling problems for fields for both practices and gapes. Also, the
numbers of teams playing for both leagues in most age groups are nowhere near
the optimum level and in many cases are around the minimum 1eve1 necessary to
offer a league. There is also a combining of age groups in some leagues i
beyond the recommended two-year age groupings in order to achieve an
acceptable number of teams. This puts a great deal of pressure on kids in the
r lower end of the three-year age range, because they have to compete with kids
two years older than they are, This wide disparity in skill levels increases
the stress level of participants rather than create a funs fair competitive
situation.
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~/~cxlio~:a! bald ~t~etlal,.~cc~arta/ ~'X'r~tneZ }
Denton Parka and Recreation / Denton, T0xaa / (8f 7) 6A8.847t!
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The Park Board heard these rm cerns exprossed by the leagues' representatives
at His ir meeting on Janvmry 8, 1990. They also heard from both groups that
one organization would be bust for a comi,unity of Denton's size. These
concerns spurred the Park Beard at its January 22, 1990 neeting to choose one
organization and to set aside minimum standards to which a cc-sponsored group
with the City must now adhere. These include:
1) Leagues must provide two-year age groups. S!
2) Provide National Youth sports coaches Association certification for f
their coaches.
3) Minimum play rule that assures that every kid has at least one
opportunity at bat and three defensive outs per game.
41 Proper statistics be compiled for alt-star consideration.
All of these considerations are currently being met by tEX Boys' Baseball
program. Little League, as of yet, has not confirmed that they are willing to
modify their program to meet these concerns expressed by the Park Boarde
Also, in an effort to get this situation off dead center, another option was j
suggasted which would have allowed the oxisting Boys' Baseball board to run i 1
all of the cvar 13 age groups and tho 12 and under groups would be run by the
existing Little League board, After this season, the boards of each
organizatf-mn would then work toward combining these separate hoards for the
summer of 1991. The Little League board turned down this option because they
felt they needed to keep their entire age range. Thus, the impasse occurred.
Sf,
Due to lack of playing fields for all nports leagues, it causes a lack of !
available training and practice time for the kids. The Board recoamnds that }
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the city only sponsor one program per age group that will be allowed to use t
city fields at no cost. otherwise, the already existing dual sponsorship !
opens us up for further problems when other agencies, groups, or organisaticns
ask to be allowed duplicative services and be given tho same priority of use
as the existing program. Neighboring cities of our size in the matroplex witu i
only one youth baseball program include Lewisville, Carrollton, McKinney, and
?armors Branch,
Additional issues the Park Board discussed regarding the sponsorship of one
league include the following:
1) in discussions with representatives from both Little League and
Boys' Baseball, the Perk Board determined that having one
city-sponsored organization per age group was the beat situation
for a town of our size, This was the opinion of both groups at the
time and the reason why the Park Board felt that it was necessary
to make a decision for the groups since they had been unable to
negotiate their concerns between the groups.
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2) Due to a lack of facilities, neither of the leagues have enough
field access for their participants to have adequate practice
time. This affects the quality of instruction for both leagues.
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3) with three youth baseball programs in town (Boys' Baseball, Little
League, YMCA), there is a tremendous competition for kids which
causes each program to dilute the overall program effectiveness of Z
each other.
1) Due to the scarcity of kids in the over 13 age groups, each league a
has a very low number of teams which reduces the competitive
enjoyment for the kids and also reduces each age group's ability to
represent Denton in post-season competition.
3) Due to the difference in field sizes between the leagues and age
groups, we have a much more difficult time carrying out field
scheduling.
6) Because of Dedton's population, each group has requirements from
their notional organization regarding the number of leagues in a
community. Each group now has had to receive a standards exemption
from their affiliates, and there is no guarantee these exemptions
t, will be allowed Indefinitely.
7) There is continuing discussion moving toward a Denton Youth Sports
Association which will coordinate all youth sports groups in the
community. Because of national requirements, the Little League
would require numerous Little League organisations and boundaries
j for each organizations Boys' Baseball allows one organization to
1] run multiple leagues and, therefore, have one organisation to
handle all youth baseball in the community.
S) The City will be able to make improvemente in 1991 at Evers Park
's ( which include lighting four baseball fields and constructing two
new practice fields. This will go a long way toward meeting many
of the needs of these two groups but will not address the needs of
the younger age groups like coach pitch and T-ball which both
groups are starting to offers since we do not have facilities for
that S to S age group, it may be better to sponsor one organisation.
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9) Aesource3 can be saved by both leagues in operations costs that are
common costs, hopefully lowering the cost for the kids to plays
td) Businesses will have a clear underecanding which group is
City-sponsored when securing sponsorships. Right now, when
representatives call to solicit businesses, many do not know the
difference between the groups and may mistakenly sponsor a team in
the wrong leagues This had caused a lot of frustrations
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11) The public will have a clear understanding of which group is which
if only one is sponsored by the city, Because there are two
leagues and dual advertising in the papar, parents can become
confused as to which group to which. There are instances of
families signing up for one program and going to the other league's
tryout because they saw a notice in the
paper.
12) Due to different field dimensions for the same age groups, there is
no way to fairly distribute field playing times one league will
have an advantage over the other league. We either need to
standardize field dimensions for both leagues or throw out the
concept that each gets equal field use.
The broader issue of how many groups are appropriate for the department to
sponsor will need to continue to be reviewed and discussed by the Park Board
and a report sent back to Council to establish a policy covering this area.
The Board will need to consider the following questions if the city of Denton
allows more than ono City-sponsored group per sport per age group.
1) Doea it obligate us to also sponsor other groups that might ask for
fields?
v 2) would these new groups have the same right to access fields as
Little League and Boys' Baseball?
The Board felt that there may be occasions when it would be acceptable to have
a choice, but only if the choice is between two quality programs. At this
time, due to the lack of fields and teams r each
league Is n
of running a
I r, quality program which gives the kids enough practice and training time, •j
Should it be decided to sponsor additional groups, a decision needs to be made
on how scheduling priority can be fairly made so as to avoid a similar
controversy.
The Board has under consideration the formation of an all-City coordinated
sports league. Again, the Board is planning to discuss its recommendation at
a joint meeting with the City Council prior to any implementations
Attached is a schedule of all of the athletic field facility expansions
for
your information.
Steve Brinkman
Attachment
ADM00565
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PARKS AND RECREATION
CIP ATHLETIC FIELD BOND
EXPANSIOti SCHEDULE 4
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Comalet~n Date-
psns ion
Denis Parkc
May, 1990
2 Lighted Softball Fields September, 1990
Soccer Fields
Evers Parke
April, 1991 ~I
2 T-ball Fields April$ 1991
{ Existing yields to be Lighted
F1North Lakes Parks
April, 1992
/ Softball Fields September, 1992
5 Soccer fields
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Oceatig
1 CITY of DENTON, TEXAS Civic Center/ 321 E. McKinney/ Denton, TX 76201
M F M 0 R A N D U M
TOS Betty McKean, Executive Director for Municipal Services
III
and Economic Development
PROMI Steve Brinkman, Director of Parke and Recreation
DAT33 Pebruaty 13, 1990
SUBJECTi Park Board Decision to Co-Sponaor Only Denton Boys'
Baseball for the Summer of 1940
The Parke and Recreation Department has supported the Denton Boys' Baseball
program for approximately 40 years in an effort to provide a youth baseball
program for kids in the Denton area, in 19860 the Denton Area Little League
came to the Park Board and asked that their group also be co-a nso
po red by the
I _ City, This co-sponsorship would allow their
I cost and allow them an equal right to field use based on to thee nthe umber of at
that are in their program,
E On January 5, 19811 the Park Board officially approved this co-sponsorship
h based on the group's ability to field four teams in each group and also based
1 on the fact that they did not request any monetary assistance (attachment A),
f The Park Board also felt that, because the programs were substantially
different, co-sponsoring Little League would give Denton residents A choice
and would also help to clean up some concerns with the Boys' Baseball program,
On November 20, 1989, Bill Bolt approached the Park B.•ard about concerns that
he had with two competing youth baseball programs (attachment B), He
indicated that he felt it would be beat for a community of Denton's size to
only have one youth sports program. Be also stated that the competition
r between Boys Baseball and the Little League was causing problems within the
community as these organizations fought for kids in an effort to field enough
teams in their league, He stated that both leagues now had exemptions from
their national organizations because they could not field enough teams for the ,
` leagues they are supposed to have for a town of Denton's size.
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~ ~/lalios:al <<°~1~/~~ledal ~~Acau~rl ~r%n~ ~ fs
Denton Parks and Recreation / Denton, Texas / (8 17) 888.8870 y
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The Park Hoard Invited
Denton Area Lard representatives from y
concerns L°~QUe programs in an effort the
to Denton Hoye' Baseball and
Organizatioaout n. he two groups cooperatin Rear their
i They met with these g and Poealbl Ideas and
information presented groups on Januar y merging into one
I understandin by both groups (attachmenty ar 1990, and listened to
could 9 at this meeting that both C)• It was the Park Board's I
t not come to an agreement on how groups vented to
expressed at this meeting on the it
could be gat together but
? naked that part of both groups done,
to nerga, ausee Of the desire
final time to they meet again prior to the Park Boa' Park
reeolved one
resolve their dife r _ o next ~neetin and t , the p ark Board said that theyawould listhe t rden tuttAelOrc had notry Board
1 information about each of the been
!f they would sponsor in the overp13grams, and make a cholra a p pohich look at
9 groups and the under Rage which program
The groups met and developed one age groups,
Proposal suggested the following] proposal to submit to the park Hoard. This
j 1) Form one league with two co-
eight other board members Presidents (one from each
2) Dixie Youth Baseball wo (four from each group), group) and
3) The under 22 Played in the 13 and up age groups,
1990 and Dixie ;ng1991,0uAfteruthab1991laeaiat aond than Little League in
I ea to which program to use on a ' board will vote
permanent basis,
The
Boardsroyst
it. Board approved the above
Proposal, and the Little League
At the January 22, 1990 dark Board meeting, the and the Little League representatives
Stated rothat their i bo board the could along with the proposal b ecause !Rey felt that they were
that two leagues could co- ld not go an 64tabl up a program that offers leagueaain eveand that the l they lsh u group,
I o did not feel they should •p1!t
itI The Park board then reviewed the information asubmi tedtwhiRment D),
Programs (attachment g), ch compares the two
Alter some diecuaaion, the Board recommended
Department co-sponsor only one boys baseball that the Parke and Recreation
be Donlon BOYS' Baseball that program should
with !Re etipulationm and
requirements be mute
,i that the following minimum
1) Need to require NY
2) Each player r will Play oy In eve In eve irycatle for coaches.
game and have h 3) Nee defensive cute and one at bat per game,
three minimum of
ree
to require one aid
paid for with City subsidy, official at home plate to be
4) Should stay with two- partially
s) Coaches should year age groups for all leagues.
Provide end
Positions played for all afar r can seasson statistics for each child and
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By not having co-sponsorship, the Little League will need to rent fields from 1
the city at a rental fee of:
Practice: $5/hour for unlighted fields
$10/hour for lighted fields
Gamest $30/team
$10/non-resident participant
They will also be required to wait until all practices and gamer have been
scheduled by Boys' Baseball before their group will be scheduled. g
The Boys' Baseball program made a new proposal (attachment P) which drops the
requirement for Dixie League for the second year of the program. It states
that Dixie will be played in the 13 and up leagues and Little League will be
playod in the 12 and under leagues. After the first year of operation, the
new board will decide what program with which to affiliate the next year.
The Little League Board turned down this offer and said that they were
prohibitied by their national association to align themselves with a governing
board that would not be strictly Little League.
Enclosed cre also the fiqures for each league (attachment 0) showing the
number of teams in each age group for the past six yearse This shows how few i
teams there a:e in many of the leagues. The maximum of teams in a league for
each group is 10. Also enclosed is attachment H which lists many of the '
reasons the Park Board has heard over their last two or three meetings about
the issue of sponsoring one group.
AAAOF
Y Steve Br nkman
A.::
Attachments
ADM00542
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ATTACHMENT A
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' CITY of DENTON# TEXAS Ctrto Center / 191 E. McKinney / Denton, Texea 70901 1
CITY OF DENTON
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PARKS AND RECREATION 80ARD MEETING
i MONDAY, JANUARY 5, 1987
500 P.M. SENIOR CENTER
MEMBERS PRESENT: Mike Campbell, Chairman
Gary Kirchoff, Vice Chairman
Rita Pilkey {
Catherine Bell
STAPP PRESENT: Steve Brinkman, Director, Parke and Recreation
Chris Smith, Administrative Assistant
Joy Heath, Senior Secretary
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GUESTS PRESENT: Nancy Owen Charles Hook j
Gary Matheson Ronnie Roberts
' Richard Slivocka Richard Cooper '
Jane Malone Wayne Daggs ,
Ron Marcello Monty Collins
Gerald Briggs Dave Reynolds
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I. MEETING CALLED TO ORDER
The meeting was called to order by Mike Campbell, Chairman.
II. APPROVAL OF MINUTES FROM LAST MEETING
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On a motion by Gary Kirchoff, second of Rita Pilkey, the
minutes of the meeting of November 24, 1986, were approved. I
III. OLD BUSINESS
1. Discussion of Bond Issue:
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•e/Yiacl~-aftal ~olal ~l~/dl e~Ld~td 9`6ff~t~ ,
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Denton Forks •nd Aeoreet/on / Denton, rexeo / N 17J N00.19io ;
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Steve expressed his appreciation to all those who helped
with the bond election which passed. He said the J
architects for the first recreation center have been 1I
local
1
desire to have athefirm
Board
provide input on what the facility should look like. A
meeting with the Parks and Recreation staff is scheduled
for January 13, and the architects will be asked to
attend the next Board meeting.
The schedule for the items passed in the bond election
are as f
southeastoDentonr second yyear, expansion recreation of center eSenior
Centers third year, second recreation center in northeast
or south Denton, the location will be determined by the
Board or City Councils fifth year, third recreation
center. The $1.3 million for athletic field development
will be spread over the five year period.
2. Discussion of Youth Baseball%
subject at the previous meeting. of sheet
Mike occurbredan on he the discussion
with the staff recommendations was distributed to all
interested persons. Mike advised those present that the
Board serves in an advisory capacity And that any
decisions made by the Board can be appealed to the City
Council.
A representative for the Little League proponents stated '
that the proposed season for that group would be from
April 20 to June 22. The Denton Boys Baseball
k Association season will start the first Monday in May.
i
Gary xirchoff asked what the dif:erenca is between City ~
sponsored and not sponsored. Steve said a nominal fee
for field usage is charged to organizations not sponsored
by the City, and an additional fee for field maintenance
on Saturday would be charged since this maintenance would
be performed by the crews at time and a half. Gary said
he did not agree with the staff recommendations because
there were no numbers as to usage available. He did not
think it was fair to say fields are available for one
organization but not the other. He said the Little
League organization would not add significantly to the
number of participants, just offer an alternative.
The representatives of the Little League said their
request for sponsorship would be for physical facilities
group assistance.
would be four Alsoo tHf
teams per age monetary
number of request
only minimum with no
min with
12 members per team.
January 5, 1987
~..w.. Page - 3
Gary Kirchoff moved that if the Little League can
demonstrate they have at least four teams with 12 members 1
in each team in a particular age group by March 21 with ti
no new non-residents and no financial aid other than
physical facilities, the City will co-sponsor the Little
League. Rita PLlkey seconded the motion. After much
discussion, the motion was put to a vote with the motion
passing unanimously.
IV. NEW BUSINESS
None.
V. OTHER BUSINESS
None.
VI. ADJOURN
On a motion by Gary Kirchoff, second of Rita Pilkey, the
meeting was adjourned.
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ATTACHMENT B
F .
:1TY of DENTON, TEXAS Civic Center/ 321 E. AfcKlnneyl Denton, TX 76201
1
^.ITY OF DENTON
PARKS AND RECREATION BOARD MELTING
,
MONDAY, NOVEMBER 20, 1989
500 P.M. SENIOR CENTER
MEMBERS PRESENTS Carl Anderson* chairman
Rita Pilkey
Roy Appleton III
STAFF PRESENT$ Stew Brinkman, Director of Parks and Recreation
Joy Beach, Senior secretary
GUESTS PRESENTS Sanigr center dvisory Board
c Jamison
Eerb McWhorter
cliff Noble !
Greg Jacobs, North Lakes Recreation Center Advisory Board
Bil! Bolt, Denton Youth Football Associatton
Jim Fredericks, Denton Record Chronicle
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I. ?IEBTING CAiyLED TO ORDER ~
The meeting was called to order by Carl Anderson, Chairman.
I1. APPROVAL OF MINUTES FROM LAST MEETING i
on a motion by Dalton Gregory, second of Rita Pilkey, the minutes of the
meetings of October 16, 1989, and October 30, 1989, were approved.
OIyO B SiU NE89 1
1. CIP prolectst
Steve said the work on the senior Center expansion project is
` proceeding on schedule. He said the grand opening of the new area
would hopefully take place in March, 1990.
d ~i~e td ~l'rnnez
&Hial
,
Denton Parks &nd Recreation / Denton Tense I f 8t 71 Ofi•flTO '
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November 20, 1989
page - 2
r
r A list of the CIP projects were handed out to the Board members.
bonds have been
Steve explained the projects for which
future bond skid and
projects which have been approved issuep
items the department is proposing for a future bond issue.
2, Northeast Recreation Center Planning Committee:
Steve presented a proposal for funding the new recreation center J
which would include funds from General obligation Bonds and Revenue 1
Bonds. He said a feasibility study would need to be conducted to
m assess the potential revenue generation if the new center would
have an emphasis on fitness. Giving the new center a fitness
emphasis would covert the North Lakes Recreation Center back to a
neighborhood recreation center. He suggested that the Board may
decide at the next reeeting if the emphasis of the new center should
be on fitness. j
36 Reduction of Sours at Centeras
Roy reported that he had discovered at the city council meeting on
November 7 that it is in the charter that the department has the
discretion to move funds within the budget with the approval apof the
proval
City Manager. The City Council at its last meeting gave
hours budgofett to allow the
for the department within operating its
facilities to reinstate the
Dania Recreation Center 9am-9pm Monday-Priday
9:30am-300pm Saturday
North Lakes Recreation Canter 9t3O&m-3%30pm Saturday
Martin L01.her King, Jr.
9am-9pm Monday-Friday
Recreation Center
900am-3:30 pm 8atu[day ,
Senior center Sam-Spm Monday-Priday
Steve gave the members of the Board a copy of a memo sent to Betty
McKean on November 16, 19890 in which the funds had been
identified. With the approval of the Park Board, these hours would
go into effect on Monday, November 27.
Dalton presented a motion that the Park board endorse Steve's memo
Of November 16, 19090 to Betty McKean. Rita seconded the motion,
and the motion passed with a unanimous vote.
li Dalton indicated that he would like to see the Pack Board become
mote involved in the budget process in the future. Roy said the
1 Board should meet with the various advisory boards to get !heir
input on the hours of operation of the centers prior to the next
budget process.
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November 20, 1989
k Page - 3
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Dalton moved that the Board recommend to staff and the City Council
that if additional revenue becomes available that the money be
was t unanimous in o favor cOf ithesmotion.
earmarked seconded thermoincreasing tion. The hours
4, Discussion of Next -Joint Meeting of Center Advisory Boards and the
Parke and Recreation Board;
Steve told the Board that a request had been sent to the City
Council for the Park Board to be a part of the work session at
5r30pm on Tuesday, December 5, to discuss the operation of City
parka and recreation facilities,
It was the consensus of the Board to hold its next meeting at 5pm
on Monday, December 41 at the Senior Center and to invite the
various advisory boards to attend to give input regarding the
operation of the recreational facilities in the City.
IV. NEW B SS
1. Discussion of New Information/Proiectsr
Carl asked the Senior Center Advisory Board members if they had ony
concerns. Herb McWhorter expressed a desire to see a senior
softball league formed by the department in order to compete with
other sonior softball leagues in the metroplex. Steve said the
department would look into the possibility.
Bill H A t reported that the Denton Youth Football Association
experienced a good season with good cooperation from the city as
well as good field maintenance. He said the Association is still
I
falling short in funds for officials' s t creceives $18500 from the City tohelpoffsetthisexpensaonly i
Bill also expressed a concern regarding the two boys' baseball
leagues. He said representatives from the too leagues had meteto i
discuss a merger but could not agree to give Lip affiliations. Negotiations to form one league have broken down,
and he asked the Park Board to make a decision regarding the youth
` baseball associations.
Roy and Dalton questioned whether the Park Board has the authority
to say who uses the athletic fields and who does not. Steve said
the Board can make recommendations to the city Council and then the
Council would make a ruling on the rectamendatlons,
Bill said representatives of the different27~ youth sporitsts
associations would be meeting on Mond y, November an All Youth Sports Association. Carl indicated that a meeting of
the two baseball leagues might be arranged after the youth sports
associations meet on November 27.
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ANN]
a II, 1
Movembor 200 1989 ry,
Page - 4
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Greg Jacobs said he would like to see the drawings of the proposed
renovation of North Lakes Park be brought to the public before the
final plans are ast. Carl said there would be public meetings to
receive input from the citizens of Denton prior to any final
decisions.
Carl read a letter he had received from mayor Ray Stephens which
requested the Board state specific goals in the current fiscal
year. rho Board indicated the following goals may be consideredi
1. Become more Involved with the budget process.
2. Hold a public hearing regarding the North Lakes Park
development.
3. Hold meetings at different locations and have greater contact
with the various advisory boards,
46 Expand the use of the recreation centers and facilities
including expansion of the operating hours.
S. Start development of the Northeast Recreation Center.
G. Try to combine the two boys' baseball leagues.
7. Completion and grand opening of the Senior Center expansion,
Carl said he wanted to publicly thank Dalton and Roy for filling in
for him, Dalton at the joint meeting on October 30 and Roy at the
city council meeting on November 7.
v. ANOURR
On a motion by Rita ?ilkey, second of Roy Appleton, the meeting was j
adjourned,
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d tion
F AfcKlnn•y/ D•ntoa, rX 70201
Cfry of DENTON, TEXAS G1v1o C•nt•r/ 321 E.
CITY OF DENTON
PARKS AND RECREATION BOARD Y'~ETINO
MONDAY, JANUARY e, 1990 5200 P.M.
MARTIN LUTHER KINO, JR. RECREATION CENTER
Carl MEMBERS PRESENT, Chet"'" mChairman
Dalton Oragoty,
Rita Pilkey
Roy Appleton III
Catherine Bell {
STAN PRESENTS Steve Brinkman, Director 01 perks end tectaation
Joy Beach, Senior Secretary
1114
go go Baseball no*
e n
QUESTS PRESENT1
(,sty Matheson
Kenny Kirkland
Bill Bolt
Mayne Allen
;
Denton Ares ittle 11u o
Mike wieb•
RUaaell welch
Board
ecteetio enter Advisory
r that n
at
Birdie C+ratetrhan
I. ME N E R
called to order by Carl Anderson, Chairmen,
The Meting was t
APPROVAL Of MINy •en„ fleT MEBTINQ
Its the minutes from the
Rita Pilkeyr
on a motion by Roy Appleton, second Of
meetin9 of December 40 1969, were approved,
`
sal gold ~.Z(,eala ~ u ~r%fs~ . ;
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Wnbn ~oflta and Roofooflon ! Donton, t'oxos / (Sir) 600-4
1
k Parke and Recreation Board Meeting
y January 8, 1990
Page - 2
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III. OLD BUSINESS
Is Youth Baseball Associations:
Carl introduced the representatives from Denton Boys' Baseball,
Inc. and the Denton Area Little League and gave a brief history of
the formation of the two leagues, me said the purpose of the
meeting was to bring the two leagues together to possibly form one
league. This would be of benefit to the participants and would
also help in scheduling the athletic fields.
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The leagues' representatives stated that they had met four or five
times to try to form one league without success. League
affiliation is the major obstacle. Denton Boys' Baseball has
affiliated with Dixie Youth Baseball and ihs Denton AM Little
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League has signed with the National Little League Association. The
Little League representatives would like to stay with the National
Little League for participants age 12 and under and go with Dixie
Youth Baseball for ages 13 and over. Denton BOYS' Baseball felt it
would be an administrative problem to be affiliated with two
different national associations but were willing to negotiate.
After much discussion, the consensus of the Park board was to
recommend the two leagues meet again prior to the Boaed's next j
meeting on January 22r 1990, to try to form one vague. it the
problems have not been resolved by the next meeting, the Park Board
wi11. then make the decision.
Carl asked Steve to gather information on the two affiliations to
enable the Board to make the best decision.
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20 Northeast Recreation Centeri
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Steve said he had met again with Mrs Brown about the possibility of
land being donated for the recreation center and should have more
information in the near futures
Is North Lakes Park Athletic field Development Oranti j
I Carl asked Steve if anything had been done regarding a public
meeting to discuss the development, and Stave said the meeting
! should be scheduled for sometime in February.
Iv. New OU8 N Bs8_IytNt88
Is Meeting with Martin Luther Xing, Jr, Recreation Centet Advisory
Boatdr
Carl acknowledged Birdie Carstarphen who WAS representing the
Advisory Board, She said the main concern was not having adequate
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• January Be 1990
Page - 1
staff to monitor the participants at the center, She felt the
programming is relevant to the needs of the community but the staff
is stretched too thin, ma, Carstarphen said the community would
also like to have the center open more hours, She said there Ring,
Kings
to be limited funds for apectal events such as Marhtin Luther J+
Jre Birthday celebrations and Juneteenth, and te community would I
like to see the funds increased, The Advisory Board would like to
have fundraiaing projects for things much as establishing a .r
scholarship fund. She asked about the requirements for
fundraising. Several suggestions were offered with Roy stating
that the City Council member for the etea, Randall Boyd, could
possibly give advice mince he is an attorney#
in response to these concerns, Steve said the department will be
requesting more staffing in the next budget process and possibly f
funds to enable the centers to be open additional hours,
Catherine boll said the celebration in honor of Martin Luther Ring,
Jr.'s birthday will include a parade from the center to the 1
Courthouse on Friday, January lt, and extended an invitation for
411 ~o participate,
2, Festival of Lights!
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Stove presented a video of the Festival of Lights in Niagara Falls,
New York, and a paper which showed the economic results of 1
festivals in Marshall, Texu , and Wheeling, Nest Virginia, Roy
asked if the Downtown Merchants Association would become involved, r
1 Steve said the presentation would be made to several organizations ! I
/ to enlist their participation,
' V, ADJOURN
on a motion by Rita Pilkey, second of Roy Appleton, the meeting was
adjourned,
ADMOOSID
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ATTACHMENT D
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Llh- i ww fion
CITY of DENTON, TEXAS Civic Cantor/ 32F E. McKlnnoy/ Oonton, TX 7620 t
PARKS AND RECREATION BOARD MEETING
MONDAY, JANUARY 12, 1990 5>30 P,M,
MARTIN LUTHER KING, JR, RECREATION CENTER
MEMBERS PRESENTr Carl Anderson
Dalton Gregory, Vice Chairman
Catherine 9e11
Rita Pilkey
Roy Appleton tit i
Bnb Cotton, Ex-Officio Member
STAFF PREBENTr Steve Brinkman, Director of Packs and Recreation
Rue Oillsaple, Recreation specialist
Joy Beach, senior secretary
GUESTS PRESENTi Representatives of Denton Boys' Bueball, Inc,
Representatives of Denton Area Little League
to MEETING C LLED 'hD ORDER {
The meeting was called to order by Carl Anderson, Chairman,
Its
APPROVAL OP MIMUTaa PROM LAST MEETING
on a motion by Dalton Gregory, second of Roy Appleton, the minutes from
the meeting of January it 1990, were approved,
III. Z 8 N 8
1, Youth Baseball Aesoeiationsi
Carl gave a summary of the previous meeting of the board on January
Be 1990, at which representatives of the two youth bassball league@
veto prevent, At that meeting, the consensus of the Park board was
to recommend the two leagues meet again prior to the next board
meeting to try to fors one league. If the problems have not been
4 resolved at that time, the Park Board will make the dacision,
a
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' e/~a~iexl4°ol~l
Dontsn Narks and Racism It / Denton, raxaa i rat SO8.8o fo
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j Parks and Recreation Board Meeting *Y,
January 220 1990
Page
w Bill Holt, speaking for Denton Boys' Baseball, Into, said their
association had met and had put together a proposal for combining
the two leagues, the proposal Wei' to form one league with two
co-presidents, and one governing board with four members from two
divisions. The two divisions would be as follows age group 11
and up to be affiliated with Dixie Youth Baseballs age group 12 and
under to be affiliated with the Little League the first year, the
second year with Dixie Youth Baseball, and the third year the
combined board would determine the association with which to be
affiliated,
Mika wiebe, representing the Denton Area Little League, said their
board had met and had decided they could not accept the proposal on
the premise that the Little League is an established league, Their
feeling was that the two leagues could exist in Denton,
Carl said the Park Board's view wee to go with one league as soon
as possible but to make it as acceptable to both parties as
possibleo Since the two leagues could not agree, he said it was
now left up to the park Board to make a recommendation,
Mike said Little League rules prohibit members from serving on the
board of another baseball league which would make it unfeasible tot
the joint board. Russell Nelch said the feeling of several members
of the Little League Board was that two leagues would allow the
participants a choice,
Dalton 4ragory moved that the Parks and Recreation Department k
co-sponsor only one boys baseball program and that program should
be Denton Boys' Baseball with the stipulation that the following
minimum requirements be mete
1, treed to require NYBCA certification for coaches, y~y
26 Each player will play in every game and have a minimum of f
three defensive outs and one at bat per game,
f, Need to require one paid official at home plate to be
!1 partially paid for with City subsidy, i
Should stay with two-year age groups for all leagues. f
E !o Coaches should provide end of season statistics for each child i
and positions played for all star consideration,
Rita Pilksy seconded the motion, and the motion passed unanimously,
in a subsequent discussion, Carl said the Park board should pursue
the formation of a Youth Sports Authority which would be recognised
as the only authority for youth sports activities, He asked that
the presidents of each youth sports association be requested to
attend the meeting of the Park Board on February 120 1940, to
discuss this action,
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Parks and Recreation Board Meeting $
January 22, 1990
Page - 3
20 Northeast Recreation Center;
Steve told the Board that the department had been negotiating with
Mr. Brown regarding the possibility of his donating five acres.
Mr. Brown would be willing to donate approximately 1) acres on the
opposite end of the proposed site, and Steve indicated on a drawing
the location of the acreage. Steve said the department would like J
to get an exemption from P i t and council to delay widening the it
access road until other property is developed.
IV, FEW BUSINESS
I
1. 1990-91 Budget)
Steve said a list of the major budget considerations would be k
provided to the Board, Roy asked that dollar amounts for each item
be included.
V, OTHER BUSINCOS
Carl said the next Bard meeting would be held at the North Lakes
Recreation Center on Mondays February 32# 1490# at 500pm, This meeting
would include a public meeting to receive citisen input on the
renovations at North Lakes Parke Representatives of the North Lakes f
Recreation Center Advisory Bard would be asked to attend, also. ,
VIs ADJOVRN I
On a motion by Rita Pilkey# second of Catherine Bell, the meeting was j
adjourned.
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ATTACHMENT E 40
Comparisons Are For Under 11 Age Groups r
R4T•,r'
Little League uixr.z Youth Baseball
Tournament Concept All Star Lccal Option - all
star or 1st place tear,
age Groups 6-0 T-Ball 7-1 roach~Kid pitch
9-12 Little League ?-1J Midget
Major League 11-12 Freshman
Umpiros volunteer i paid per game
j
Try-Outs 5 to 6 wcexs prior 4 to b weeks prior
to season to season i
Draft inverse to prior Draw for draft positir
years league standing Draft by age groups j
can pica-up coaches Can pick-up coaches sc
son with first round with first round picki
pick
field Dimensions 46' pitching 9-10 41' pitching
6U' bases 11-12 46' pitching E
60' bases
All Play Rule 6 defensive outs/game 3 defensive outs and
one at b!t/game
Innings Per Game Ginnings Ginnings,
Number of Leagues 1/250000 1/301000
But now have exemption Cannot have over 13
teams in a leary A)
Tnam Limits 12 ninimum,13 maximum 12 minimum/13 ~ax:S1um
Coach Training/ Video Training Program Video Training Pr:arar
Certification 4ational Youth zncrts
Coaches Associati:n
Certification
Sponsorships $500,00 first year 10 and under I W . 00
and $350.Ou each 11 and older 5410.00
additional year
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Little League Otxie Youth Baseball
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Selection of All-Stars Coaches select 10 First Place Coach
All-Star coach selects 4 or 5
r selects 5 Balance of players
aeleetea by a vote of
participants
Limitations en All-Star Csnnot 0111, in
Team Play Outside t4rnament4 tCannot clay in ut3il
ournaments OutoDixiee
can only scrimmage Youth baseball provides
Otner teams frcm are-tournament games o
the Denton Little with other Dixie Youth
League Baseball teams from {
outside the Denton
program
Discription of District Sua-District
Tournament Regional District
State State
National National
Does League Pay For District picks up fee League Expenses districtaandfdistrict
Dixie pay beyond these
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Ln A. Apirit of compromise and in An attempt to unify and
keep the best interests of the youth of Denton foremost, the
following proposal is hereby madei
z,
That a Denton Youth Baseball Association be formed con-
Dieting of representatives from Denton Boys Baseball, Inc, and
Denton Area Little League, Inc, The Denton Youth Baseball
Association would replace these former organisational both of
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which would be dissolved. A Nominating Committee consisting of
an equal number of representatives from Denton " Baseball and
t
Denton Area Little League would be formed to nomlts,the initial
board members of the Denton Youth
Baseball Association,
LI.
That during the 1900 baseball season the Denton Youth {
i Baseball Association administer a baseball program for youth age
iZ and below under the auspices of Little League Baseball, Inc,
and for youth age 11 and up under the auspices of Dixie Boys a
' Baseball
Inc,
0
llowi
n the 1
g' 990 season the Board of Directors
` of the Denton Youth Baseball Association would have the authority
to recommend to the members of the Association whatever baseball
Program the board determines is most desirable for the Denton, Youth of
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III.
Equipment and other assets currently owned by Denton Area 1
Little League, Inc, and by Denton Boys Baseball would be donated
to the Denton Youth Baseball Association upon the dissolution of '
the former organisations.
i IV.
The implementation of this proposal would become effective
upon approval of the Board of Directors and general membership of
both Denton Boys Baseball and Denton Area Little League, Inca
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ATTACHMENT Q e,
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The following is a breakdown of the number of teams by age groups that
participated in youth baseball activities in the years of 1967 through 1989.
Denton s Baseball, Inc.
Ace 7-• Age 9-10 Aqe 11-12 Age 13-14 Age 5-16 Total
1984 6 8 10 10 5 39
1985 6 8 10 10 5 39
' 1986 6 10 10 8 5 39
Aae 6-6 Age 8_9 Aqe 10-12 A9* 13-1 Age 15-16 Total
1987 4 7 12 5 5 33
Age 7-9 Age 10.1L Age 3- 4 Age 15-16_ ota
1988 10 9 7 4 30
1989 9 8 4 30
Denton Arex Little Leagu~
Age 9-10 Ago It.-I Age 13 Total
1987 4 4 4 12
16
51988 5 6
1989 5 7 7 19
In 19891 T-Bell war added with 8 teams participating 6
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ATTACHMENT H
Rrr„•.
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The following ace issues identified as to why the question of sponsoring one
I league is being raised:
1) In discussions with representatives from both Little League and
Boys' Baseball, the Park Coard determined that having one
city-sponsored organization per age group was the beat situation
for a town of our size. This was the opinion of both groups at the
time and the reason why the Park Board felt that it was necessary
to make a decision for the groups. g
~n 2) By sponsoring Boys' Baseball, the Park Board did not exclude Little
League from playing on City fields, They would be required to pay
a small rental fee of $5 per hour for unlighted fields and $10 per
hour for lighted fields.
3) Due to a lack of facilities, neither of the leagues have enough
field access for their participants to have adequate practice
time. This affects the quality of instruction for both leagues. t
4) with three youth baseball programs in town (Boys' Baseball, Little
League, YMCA), there is a tremendous competition for kids which
causes each program to outflank the other, i
.
1
' 5) Due to the scarcity of kids in the over 13 age groups, each league
has a very lcw- number of teams which reduces the competitive
enjoyment for the kids and also reduces each age group's ability to
represent Penton in post-season competition.
r;
6) Due to the difference in field sizes between the leagues and age
groups, we have a much more difficult time carrying out field
' scheduling and maintenance. S
` 7) Because of Denton's population, each group has requirements from
' f their national organization regarding the number of leagues in a a
iq a. ! community. Each group now has an exemption from their affiliates,
and there is no guarantee these exemptions will be allowed
1 indefinitely.
f 8) we are mating toward a Denton Youth Sports Association which will
t coordinate all youth sports groups in the community. Bec?use of
national requirements, the Little League would require numerous
Little League organizations and boundaries fo: each organization.
I
Boys' Baseball allows one organization to run multiple leagues and,
i therefore, have one organization to handle all youth baseball in
the community.
9) If the City of Denton allows more than one City-sponsored group per
sport per age group, does it obligate us to also sponsor other
` groups that might ask for fields? would these new groups have the
same right to fields as Little League and Boys' Baseball?
10) Resources can be saved by both leagues in operations coots that are
i common costs, hopefully lowering the cost for the kids to play.
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11) Businesses will have a clear understanding which group is
City-sponsored when securing sponsorships. Right now, when i
representatives call to solicit businesses, many do not know the
difference between the groups and may mistakenly sponsor a team in
the wrong league.
12) The public will have a clear understanding of which group is which
if only one is sponsored by the City. Because there are two
leagues and dual advertising in the paper, parents can become
confused as to which group is which. There are instances of
families signing up for one program and going to the other league's
tryout because they saw a notice in the paper.
13) Due to different field dimensions for the same age groups$ there is
no way to fairly distribute field playing time. Or.e league will
have an advantage over the other league. We either need to
standardize field dimensions for both leagues or throw out the
concapt that each gets equal field use,
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E CITY of DENTON, TEXAS MUNICIPAL BUILDING / DEN70N, TEXAS 78201 / TELEPHONE (817► 5E8-8307
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Office of the City Manager +
E
M E M O R A N D U M
TO: Lloyd V. Harrell, City Manager
FROM: Rick Svehla, Deputy City Manager
DATE: February 14, 1990
SUBJECT: Feasibility Study of the Routing of 2499 from 2181
north to I-35
Attached you will find the preliminary report of De3hazo,
Starek and Tang on the feasibility of routing 2499 from 2181
(Teasley Lane) to 1-35E. As you can see from the report, all 1
four alternatives meet the feasibility criteria of being less
than $200 per vehicle mile. In addition, you will also note
that the technically preferred option is up Post Oak Road. The
reason this option is technically preferred is because it has 3 ;
the most right-of-way, follows existing roadway alignments, and
is obviously much cheaper than the other alternatives. The
locally preferred option is Option M4. This route basically
follows the route that Corinth has always preferred.
ti
The 2499 Task Force will be meeting again on March 5 to discuss
the input from any and all of the cities. Representatives of
the task force will take these comments along with the report
and present it to the Highway Department during the week of
March 11th. Ultimately, we would present this report to the
Highway Commis,aion sometime this Fall.
We would be please to try and respond to questions by the
council or you,,.self at your convenience.
i
Rick Svehla
Deputy City Manager
RS:bw
4884M i
Attachment r
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JUSTIFICATION STUDY
FOR
THE EXTENSION OF F.M. 2499
FROM F.M. 2818 to I.H. 35E
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Prepared For:
Denton County
City of Denton, Texas
k` Town of Corinth, Texas
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f Prepared !y:
DeSHAIO STARK A TANG, INC.
M Union Station I
Dallas, Texas 75202 II
(214) 748-6740
Project No. 88115.01
February 1990
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INTRODUCTION
I
In April 1988, Denton County, the Cities of Denton and Highland
Village, and the Town of Corinth formally requested the Texas Highway
Commission to place the northern extension of F.M. 2499, from F.M. 407
to F.M. 2181, on the five-year development schedule and that it be
n,• granted farm-to-market road status. That section of F.M. 2499 is
currently under study in the form of a Draft Environmental Impact 1
Statement (D.E.I.S.). The D.E.I.S. shows three alternative terminii at
F.M. 2181. I
PURPOSE
The purpose of this study is to determine the most cost-effective
alignment of F.N. 2499 from F.M. 2181 to I.H. 35E, thereby supporting
the selection of a northern terminus for F.M. 2499 between F.M.. 407
and F.M. 2181. The geographic location and alternative alignments
considered in this study are shown in Exhibit 1. Alternative 3A is an
extension of O.E.I.S. Alignment 3 which begins at F.M. 2181 west of
Oak Creek Drive, heads northwesterly between Lake Sharon and the
Oakmont Country Club golf course to existing Kirby Lane, which the
alignment follows to a terminus at proposed Loop 286, Alternative 38 +
is also an extension of D.E.I.S. Alignment 3, This alternative heads
north-northwesterly to align with Post Oak Road just north of its
` intersection with Lake Sharon Drive. The alignment then follows Post
I Oak Road to its terminus at I.H. 35E. Alternative 4 is an extension
of D.E.I.S. Alignment 4. This alternative travels northward frog i
F.M. 2181 be-tween Lake Sharon and the Oak Creek Mobile Now Park to E
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Kirby Lane and on to proposed Loop 288. Alternatlrr 5 is an extension ,
of O.E.I.S. Alignment 5. This alignment follows existing Post Oak
Road from F.K. 2181 to I.H. 35E.
The scope of this study covers the economic overview, the population 3
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trends of the area, land use, safety, level of service analysis,
authorised projects, needs, and recommendations.
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EXHIBIT 1
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METHODOLOGY
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When performing a study of this nature several elements should be exa-
mined to determine if the extension of a farm-to-market road is justi-
fied, feasible, and cost-effective. The following elements will be
examined:
o Demographics
o Land Use/Area Developments
a o Safety
o Projected Traffic
o Level of Service
o Environmental Issues
o Project Cost
Each of these elements are presented below.
i
Demographics - The alignment of the roadway in relation to projected
population growth areas affects the volume of traffic on a facility.
Demographic data for the study area is reviewed.
Land Use - Existing and proposed land use assists in determine typical
cross-sections and locations of median openings is well as what type. -
of traffic generators will utilize the facility. Based on current
zoning and accepted development plans, the effects to area traffic
9 will be projected. Planned Developments whose zoning has expired and
f } purely speculative ventures are not considered justification for In.
elusion.
Safety - Traffic safety is a key ingredient to SOMPT's priority system f
for project funding. Accident data for the area art tabulated and
compared to state-wide averages for similar facilities. If the ac-
cident rates exceed state averages, the project may qualify for E
safety-improvement funds,
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Projected Traffic - The projected traffic, in terms of average daily
: traffic (A•O.T.) is one of the most significant factors in determining
the viability of a project and selecting the most cost-effective
alternative.
Level of Service - The quality of traffic flow is a function speed,
traffic interruptions, safety, driving. comfort and ability to maneu-
ver. The range of Level of Service is from "Al to "F", "A" being
ideal flow, low volumes on the road, and "F" being over-capacity with
traffic coming to a complete stop in sections. The State Department
of Highways and Public Transportation estimatfa traffic capa:ity and
Level of Service for various roadways 1s shown in Exhibit 2.
Environmental Issues - A brief review of environmental issues such as
archaeological and historical sites, wetlands, flood plain impacts,
prime and unique farmland, and woodlands will be made for the study
area.
Project Cost - A preliminary cost estimate for each alignment will be
prepared. The cost will include right-of-way, major cut-and-fill sec- +
tions, soil preparation, bridge sections, and steel-reinforced pave-
meet. The cost, in conjunction with the projected traffic for each
alignment, will be the primary criterion for ranking the alternatives J
for cost-effectiveness. 1
. DEMOGRAPHICS
The area designated as the F.M. 2499 Extension study corridor is
located in south Denton County, one of the fastest growing counties in
Texas. Historical and projected population values are shown in
Exhibit 3. These data were provided by SDHPT's Regional Planning
Office and the North Central Council of Governments (NCTCOG). Set~ 1
1980 and 1989 the F.M. 2499 Corridor population increased frogs 64,334
to 103,100 or 5.4 percent per yea For this same period Denton 7
County grew at a rate of 1.R pc ent per year and the Dallas/Fort x
Worth region grew 3.0 percent pop year. Between 1989 and 2010 the ~ J
F.M. 2499 Corridor is projected to 'ncrease from 103,100 to 195,301 or
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EXHIBIT 2
Level of Service d Average Daily Traffic
Ranges of Various Roadway Classes a
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Good Flow Tolerable Flow Undesirable Flow
Roadway Class L.O.S. A-B L.O.S. C-D L.O.S. E
(capacity)
Urban Divided Street
4 Lane 0-160100 166101-190100 19,101-23,000
6 Lane 0-23,500 239501-270900 271901-331000
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Urban Divided Street
2 Lane 0- 7,700 7,701- 91100 96101-110000
4 Lane 0-120600 120601-14,900 140901.181000 ± J
6 Lane 0-190800 190801-231500 23,501-289300 jl
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Rural Undivided F.N. Highway
Level Terrain
2 Lane 0. 3,700 30701- 60100 60101 - 17,400
4 Lane 0. 96600 9,501-139000 139001 - 26,000
6 Lane 0.15,000 15,001-190500 19,501 - 39.000
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MMISIT 3
NCTCOC/BDHPT Population Eetiaates
City 1970 P1980 u 1 a 1988 n 1989 2010 1
,ua Argyle 443 1,111 11300
11600 4,666
Corinth 461 1,164 2r150 3,630 6,081
f Denton 39,874 480063 560100 68,550 113,635 }
Double Oak NI 836 1,500 1,700 1,714
Flower Kound 10685 4,402 100150 138900 5001^'
Hickory Creek 218 1,422 20000 2,200 20281
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Highland Village 516 31246 4,400 6,600 11,304
Lake Dallas 11431 30177 3,400 4,250 4,093
Shady Shores 543 813 11000 10150 11754 {
Total j
Corridor 45,171 64,334 820000 103x700 195,301
. . . !
Denton County _-___756331430124..!-203_000___Y 738350•___41707`0! j
D/7N Area 203510568 9,930r530 3,4030350 3,827,650 4,479,341
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r. r• 3.1 percent per year, Denton County is projected to grow 2.0 percent
per year, and the Dallas/Fort Worth region is projected to grow 1.0
percent per year.
LAND USE
The current and planned land uses are shown in Exhibits 4 and 5,
respectively. Based on the Corinth and Denton Land Use Plans,, all i
four alternatives travel through predominantly low density residential
areas.
YTS Route 3A begins on F.M. 2181 just west of the Corinth-Forest residen-
tial development. It will cross the northeast corner of the Lake
Sharon Retreat and the southwest corner of the Oakmont develcpnent,
Including a section of the Oakmont Country Club Golf Course.
Route 3B begins in the same location as 3A and traverses undeveloped
land. As this route approaches Post Oak Road at Lake Sharon Drive, it
passes through residential zoned land of the Fairview development.
Between Lake Sharon Drive and Robinson Road, the area is agricultural
in nature and Post Oak Road is an unimproved dirt road. The Oakmont
development has approximately 900 feet of residentially-zoned property
along this segment of Post Oak Road. From Robinson Road to I.H. 35E,
the properties fronting Post Oak Road are zoned multi-family and com-
mercial.
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North of F.M. 2181, Route 4 passes to the east of the Oak Creek Mobile
Home Park. Approximately 2,600 feet of the alignment crosses the Lake
k Sharon Retreat. North of the retreat, the alignment forms the wait
boundary of the Oakmont development up to proposed Loop 288, In this
section Oakmont reserved right-of-way, with 400 feet of proposed
neighborhood retail frontage, 900 feet of proposed multi-family from.
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tage, and 2,800 feet of proposed residential frontage. S
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Route 5 follows existing Post Oak Road from F.M. 2181 to I.H. 35E.
This alignment is within the Fairview development from F.N. 2181 to
Lake Sharon Drive. The south half of Fairview 1s designated multi-
family and commercial, the north half is residential. The Corinth and 1
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EXHIBIT 4
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EXHIBIT 5 KBY
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fa ..Denton Thoroughfare Plans are shown in Exhibit 6. Post Oak Road 1s
designated a major thoroughfare. The Corinth Thoroughfare Plan shows
the cross-section of a major thoroughfare as having 33 feet of pave-
rent in each direction, separated by a 15 foot median, all within 100
feet of right-of-way. Between F.M. 2181 and Like Sharon Drive, the
Fairview ownership built Post Oak good as a four-lane divided roadway
in 100 feet of right-of-way, with a wide median to accommwdate an J
ultimate cross-section of six-lane di 1ded. From Robinson Road to it
I.H. 35E, Oakmont ownership constructed Post Oak Road as a six-lane
roadway in 100 feet of right-of-way. The 4,500 feet of Post Oak Road I
between Lake Sharon Drive and Robinson Road is the segment remaining i
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to be improved to its thoroughfare plan cross-section. J
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Safety
t
The Town of Corinth and City of Denton provided accident data for
streets within the study area. The analysis showed that F.M. 2181
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from the Denton/Corinth limit to I.H. HE had the highest accident
rate. The rate of 60 accidents per 100,000,000 vehicle miles tra-
Yelled is well below the statewide F.N, road average of 183.1,
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Projected Traffic
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The Regional Planning Office of SOHPT performed a trip aisigneent to
test the attractiveness of F.M. 2499 as a four-lane divided road from
S.H. 121 to I.H. 35E. The results of this traffic modeling effort
form the basis of traffic projection for each of the four alternative
alignments. Existing 24 hour volumes are shown in Exhibit I. The
traffic projections are presented In Exhibit l. With the *xception of i
the volumes adjacent to I.H. 35E, traffic among the four alternatives I
- is estimated to be consistent. The traffic approaching F.N. 2181 from r I
i the south is estimated to be 130200 vehic-les per day. North of F.M.
2181 Routes 38 and the volume is projected to be 15,000 vehicles par
day. Routes 36 and 5 along Post Oak Road north of Robinson Road are 1
estimated to carry 18,000 vehicles per day. North of the Route 3A and
4 terminii on proposed Loop 288, traffic is estimated to be 25,800 g
vehicles per day.
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Corinth and Denton Thoroughfare Plan k"W
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EXHIBIT 7
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Level of Service
A new facility should be designed so that when it is completed, it is
not already obsolete, nor should the facility be underdesigned so as
to present a safety risk. A reliable means of avoiding both is to
sire the road so that traffic flow is between "good" and 'tolerable"
or Level of Service ranges from "A" to 'D". The typical cross-section s
will be urban four-lane divided except in the case whop a the existing
roadway is built six-lane divided. The Level of Service analysis is
presented in Exhibit 9.
Environmental Issues
a
When a new roadway is being constructed on land where no street
exists, such as the case with all of Alternatives 3A and 4, and part i'
of Alternative 381 the effect on the environment must be assessed.
This is only a brief description of some of environmental aspects of
each route. Exhibit 10 shows some of the sensative areas within the
limits of the proposed roadway. Not shown on the map are archaeolog-
ical or historical sites. In the past, sites have been damaged when
the locations were made public, therefore, the description and loca-
tion of these sites will not be given. Alternative 3A comes ~,ithin #
1,200 feet of one site and Alternative 4 comes within 700 feet of ,
another site. The Texas Archaeological Research Laboratory feels that
neither site will be impacted by the proposed alignments,
Alternatives 3A and 4 also impact the Lake Sharon Retreat. The Altar-
native 3A alignment crosses approximately 11200 feet of hardwood
I areas, 3B crosses 2000 feet, 4 crosses 3,700 feet and $ crosses 600
feet of hardwood areas, Alternatives 3A and 4 are within the 100•
i year flood plain of the Bryant Branch,
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EXHIBIT 9
1
Alternative Route
Level of Service analysis
1
2010 Average Level of
Alternative Limits Daily Traffic Cross-Section Service
3A, 4 F.M. 2181 150000 4 lane Divided A-8
to Proposed
Loop 288
38, 5 F.M. 2181 to 15,000 4 Lane Divided A-B
Robinson Road
38, 5 Robinson Raid 180000 6 Lane Divided A-B
to I.H. 35E
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EXHIBIT 10 KEY
HARDWOODS
EnvironmontaAy Sanaathn Areas WAY1400 u
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PROJECT DESCRIPTION r
Alignment 3A - This alignment crosses F.M. 2181 approximately 1600 feet
east of Lake Sharon Rd. It proceeds north and then curves to the
west. It crosses Bryant Branch at the north end of Lake Sharon and
them curves basck to the north. It proceeds along the west edge of
the Oakmont development and terminates at the proposed location of
Loop 288 approximately 2500 feet east of Teasley Ln, and 3000 feet
south of Robinson Rd. The length of construction is 8,600 feet.
Advantages:
1. Would establish an alignment to Loop 288 from which 38 could
be built In the future to connect with 1.35.
2. Would divide Corinth less than 3B or 5.
Disadvantages:
1. The most circuitous route
2. Most expensive route '
3. Would be close to church retreat
4. Not favored by Corinth
5. Less direct route to 1.35 than 38 or 5 i
6. Would terminate it proposed loop 288 which has indeterminant
r construction schedule.
7. Would require fill within floodway if Bryant Branch.
Alignment 38 - As with alignment 3A, alignment 38 crosses F.R. 2818 ;
approximately 1600 feet east of Lake Sharon Rd. It proceeds north and
then curves to the northeast. This alignment then curves back to the
north and joins Post Oak Rd. just north of Lake Sharon Rd. It then
follows the existing alignment of Poast Oak Rd, until It intersects
I.H. 35E. The length oC construction is 8,700 feet, 3,100 feet of
existing Post Oak Road will be used, for total length of 11,800 feet.
} Advantages;
1. Would establish an alignment to I-35 from which 3A could be
built In future to connect to Loop 288.
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2. Provides direct link from DFW to 1.35.
3. Ex row along post Oak that may be utilized
4. Shortest distance from 2181 to 1.35
5. Partially included on thoroughfare plan as 6 line divided,
Disadvantages:
1. Not favored by Corinth
2. 2nd most costly route
3. Close to homes along Post Oak between lakes Sharon Rd and
Robinson
Alignment 4 - Alignment 4 crosses F.M, 2181 approximately 1400 feel ~
west of lake Sharon Rd, or about 600 east of the Denton/Corinth City
Limits. It then proceeds north across Bryant Branch and along the j
west boundaries of the Lake Sharon Retreat and the Oakmont
Development. Alignment 4 terminates at proposed Loop 288 approxima-
tely 2500 feet east of Teasley Ln and 3000 feet south of Robinson Rd.
The length of construction is 6,600 feet,
Advantages:
1. Favored by Corinth who would work to secure donated ROW
2. Located at edge of Corinth and would not represent a
physical division.
Disadvantages:
s 1. Less direct route to 1-35 than 36 or 5
2. Close to church retreat
3, Close to mobile home perk
4. Would terminate at proposed Loop 288 which has an
indeterminant construction schedule
5. Would require significant fill within floodway of Bryant
Branch
6. Most substantial impact on hardwood areas
7. Alignment already served by F.M, 2181
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Alignment 5 - Alignment follows the route of Post Oak Rd from F.M,
` 2181 to I.H. 35E the length of construction is 4,700 feet, 8,200 feet
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r of existing Post Oak Road will be used for a total length of 12,900
feet.
Advantages
1. Provides direct link from OFW Airport to 135
2. Least expensive route because it takes advantages of existing 1
improved throughfares and existing ROW }
3. On thorougghfare plan as 6 lane divided a
Disadvantages:,
1, Not favored by Corinth
2. Goes through existing residential subdivision
3. Close to homes along Post Oak between Lake Sharon Rd, and
Robinson
4. Intersects F.M. 2818 close to curve I
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PROJECT COSTS
Preliminary estimated construction and right-of-way costs are presen-
ted in Exhibit 11 thourgh 11. In this early stage of analysis all
required right-of-way which does not exist is assumed to require
purchase. The typical cross sections used for the estimates are shown
in Exhibit 18. The design stondards used are presented in Exhibit 19.
Knowing the cost, length and traffic volume of each alternative, the
four routes can be compared from an economic perspective. This value
is known as the Cost Per Vehicle-Mile dnd is calculated thusly: I
Cost per (Construction Costs) (R.O.Y. Costs)
Vehicle-Mile (Average Daily Traffi,) x (Total Length)
Ir order to be considered cost iffective, the cost per vehicle mile E
should not exceed $200. The coit per vehicle mile and total cost of k~
each project are compared in Exhibit 20. !
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CONSTRUCTION COST ESTIMATES pROJ. NO,
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PROJECT: - f n MADE BY
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(,Lr 3/4 /CJtB: I dGCC /T CHECKED BY
DATE ~•~-OL_
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= DESCRIPTION UNIT PRICE QTY. AMOUNT
15 1) R1 /0 OI -Z3 V)7. 000
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SY 30.00 3~ a0a r ~QG o00
ic G.'oo 8 Soo Eoo
Soa~arkL. R yt 540
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EXHIBIT 11
DeShazo. Sttrek is Tang, lace
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CONSTRUCTION COST ESTIMATES
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~ PROJECT: F IN 2414 9 - zrf 1 N0,17~ MADE SY
CHECKED BY
LT aA /s,.cv~ ni,751 'Goa Fr
DATE 2 -L -9 Q
As V) i
s RE DESCRIPTION UNIT PC QTYa 'AMOUNT
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Ga.GAi. JG AG 10 000 az e. Z G oo
6 c ~vA r, o ~l r -Y Q.oo 7Z000 L 2-2G-1000
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Gvi✓L2T ZA 91 coo ( 9 DOo'
0 f,L ,~ti ~J.CC~ Z 1 ! 130 0o 0
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r~~~ c G•oa oo $oo
sim7o7Ai 9?4 30 0
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EXHIBIT 12
DeSbnzo. Sterek ~c Took. Joe#
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CONSTRUCTION CO:+T ESTIMATES
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1 PROJECT:._ FYI Z :q ~ . 2 ! ? 1 eJ0/tY1~ MADE BY ~ ~ r
~1.••t•2,-.,, _ 3 A CHECKED BY
we+3f4 d7oo DATE r_,.9o
DEOCRIPTION . . UNIT UNIT QTY S 'AMOUNT
PRICE
Ct EAr~ I11G AG ro coo 2 , o 0 000
L.~tCAva'noN ~Y 0 y loo 34 Loo
PA✓ rv, .yt~ sY 30
Mia g. o0 1 9~9 00
Oaa,,vq~E. 441 7f 41
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EXHIBIT 13
DeShezo. StArek & Taulto inc.
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GUNS 1 KUCTION COST ESTIMATES PROD. No.
PROJECT: 2 44 3 - 21 f ~ eJr ~ ~ MADE BY
&~'__3ts Gurrd uooo CHECKED BY
DATE
~1.:/:.Ot~. 4.ooa
UNIT QTy 'AMOUNT
DESCRIPTION UNIT PRICE
1RtAjG G io 00o tS, LS10I 9do
Ira, f cAVA rip ,J G ,00 7' 0 30 • uo
CUldifo ✓,r, i' S 30,00 9p 54' o00
N0n1 - s-V ! A AY+yT- S Q f00 W. xj, S/~4 e.C,e~! F✓n,Y S 00 900 1-2 S'oo
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2AjA G _ LS 1~ Sao ! 2R~ !00
SJoTo~-r4 Q r
BNG►Nee- Ria1G .cONsr. tIi:.~ i.~J .io 'Z7P 1?ca '
zo L%) 3S 400 2a. S' co
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EXHIBIT 14
DeShazo, Storek & Tang, Inc*
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UUNJ I KUL I IUN U%)* I tJ I Imnl L- Q
PROJ. H0. 7,?
MADE BY -
PROJECT: r''' s~9 S - i s r NOla nd CHECKED BY
Aar 4- . ~CVwA<) 4 nr7 "
DATE 7 r 90
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s DESCRIPTION UNIT Pp CE QTY. ' AMOUNt
t~+zrN Ac. jo 000 /Q, t- ni. 000
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eoo lq Zoo
6~uW~ 6y 4.00
too
U!. T Sly A,vr ,J . a CA 0I 00 1 140 ~o a
r7Mf4 D.P-A~VAe'E, 10 . of ►/>~r LS 33 f ~ 33Sbo
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2 L3]1 4.00
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7oTA 5 Z 00 0
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EXHIBIT iS
DeShazo, Starek A Tang, Iac.
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> CONSTRUCTION COST ESTIMATES
PROD. N0. ~B/96
PROJECT: 9 - Z I tJ r,,;., gar;+ MADE BY 1 err
-
far sl.ev~o~es /LCD CHECKED SY
DATE 2-~- a
DESCRIPTION UNIT UNIT
PRICE QYYl 'AMOUNT
CL Ali, A)G R` JO Coo Z!. s 2/7- 000
efi✓,4 1riOAj
r Y 4,oo !off f 24V
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L! tT N ~1T Q e~ A1~1 LA PD J / j p p
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PVn7T 5 '40 00 I L2 Coo
P✓.IT s zsco X00 G7 SCC ` I
FILL. G 6,00 26 to- -0
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tlogh*7n. Atsrok & Tsrv, face
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CONSTRUCTION COST ESTIMATES PROJ. No. 7& k .
PROJECT: F P) ~9 7 All?/ RJe 7e Yd MADE By A-Lr- C ,t ~D~ 4'900' CNECKED •y
DATE ='~-!o
UNIT 1
z DE$CRIPTION UNIT /RICE Wye 'AMOUNT
1
Ci.~~1G Ac ~o oeo 12. /t4,v o~
XCi1~I "10Aj G ~,o0 1 PDO lG7 yoo
v"l r 5 7~.G 1 ' ~O p S7 DOa
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140' R.O.W.
yj„ 23' t0' all all
!~w+cwhr NwulOw
Typ" Crop socom
(4 Lane MVW*d Rrni)
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(4 Lars MOM Urban)
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F.M. 2429 CROSS SECTIONS
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DESIGN STANDARDS
FOR F.M. 2499
PAGE
REF.
THD-4-37 Lane Width:12'wide
4-98 Shoulder Width: 10' outside lane
THO-0-1 Level of Service: 'C' Desirable E
4-96 Design Speed: 50 MPH
4-13 Degree of Curvature 6.00' Usual max,
7'30' Absolute Max.*
4-27 Grades: For 50 MPH:3% Level Terrain, 4% Rolling Terrain
Adopt Rolling Terrain criteria for this project
1
4-34 Cross Slope: 0.02 ft./ft. (Inside Shoulder and Lanes 1 6 2)
4.14 Superelevation: 0.06 ft./ft. Max
4-12 Stopping Sight Distance: 50 MPH • 475' Desirable, 400' min.
i i
4.306 Vertical Curves: "K' Sag 110 "K' Crest ■ 160 (Desirable)
4-33 'K" 33 K Sag • 140 "K" Crest 110 (Minimum)
4.296 Note: Minimum NO values may be used on rolling terrain
4-32 '
1 I' ~
* Absolute maximum values should be used only where unusual circum-
stances dictate. Page references refer to Operations and Procedures
Manual of the Texas SDHPT.
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WaiIDIT 20 J
Year 9010 Coat per Vehicle-Rile ^1
Average Wgth of Length of
Total Daily construction Aligwant coot or
Alternative Cost Traffic (Riles) (atlas) Vsh-Rile
--•-•-------w-------------------------------------------------....
3A (curbed) $3,956,000 15,000 1.63 1063 $169 j
3A (shoulders) $4,178,300 151000 1.63 1063 $171
' 3H (curbed) $30684,750 158000 less 9.93 $110
33 (combined) $3,784,100 150000 1065 2.93 $113
4 (curbed) $30179,500 150000 1025 145 $170
4 (shoulders) $3,353,800 15,000 1.25 1.25 $179
5 (curbed) $1,903,400 150000 0.89 2.44 $52
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f This study shows that F.M. 2499 should be extended north of F.M. 2181
to either proposed Loop 288 or I.H. 35E. A reflection of how much
this project is needed is the fact that all four alternatives have a
cost per vehicle mile below the $200 justification level. This pro-
Sect will provide necessary north/south and local access which does
not currently exist due to Lake Lewisville.
The "locally preferred alternative" is route 4, but from a cost per
vehicle-mile standpoint, it is one of the east expensive alignments.
' The "technically preferred alternative" is route 5 which has the
lowest total cost and the lowest cost per vehicle-mile. All four
alternatives are viable and cost-effective. The results of this study
show that the extension of F.M. 2499 north of F.M. 2818 should be
placed on the advanced planning level SOHPT's 10 year development
plan.
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DATE: 02/20/90
CITY COUNCIL REPORT FORMAT
~3.
TO: Mayor and Members of the City Council
FROM: Lloyd Harrell, City Mdnager
SUBJECT: HOLD A DISCUSSION AND CONSIDER GIVING STAFF DIRECTION REGARDING THE
ETJ BOUNDARY ALONG HICKORY HILL ROAD p
4
RECOMMENDATION:
1. Deny Copper canyon's request to release an area in Denton's ETJ.
2. Allow Argyle and Bartonville to work out an agreement line then
release the area in question located in Denton's ETJ.
SUMMARY:
1. Copper Canyon has expressed an interest in the development of an
area located in Dtnton's ETJ north of Hickory Hill Road.
Properties in this area are valued at $3.19 million.
2. Argyle and Bartonville are currently negotiating an agreement
trine between the two cities. The negotiation involves an area
currently in Denton's ETJ. There is no advantage for Denton to
retain ETJ control over this area.
BACKGROUND:
1. Copper Canyon has visited with staff about a possible agreement
line along Hill Top Road.
h
2. Argyle has requested the release of an area north of Bartonville
and east of Argyle pending an agreement between the two cities.
PROGRAMS DEPARTMENTS OR GROUPS AFFECTED!
Not applicable.
FISCAL IMPACT:
j
The release of ETJ area to Copper Canyon will mean the loss of
920,000 {current valueal per year in p.wperty taxes.
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ETJ Boundary - Hickory Hill Road
February 20, 1990
Page 2
1
Resp+Llc>yV. Y
arrel l
Prepared by: City Manager
1 w
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Harty N. Pecsaud, A1CP
Senior Planner
AP d
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can H. Robb ns, AiCP
Executive Dir ctor
Planning and Development
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city of DrENTON / 215 E. McKinney / Denton, Texas 76201
f'
MEMORANDUM
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DATE= February 20, 1990
IIII~ ,
TO: Mayor and Members of the City Council
FROM: Harry No Persaud, AICP Senior Planner 3
~ SUBJECT: DENTON'S ETJ BOUNDARY ALONG HICKORY HILL ROAD
Two issues have come up regarding Denton's ETJ line in the south and along
Hickory Hill Road. Last December, Copper Canyon's Mayor, G. Hugh Mellinger,
and Council Member Butch Nallam visited with staff about Copper Canyon's t
interest in the development of lands located in Denton's ETJ north of
Hickory Hill Road. In their letter (copy attached), Copper Canyon suggested a F
possibility for an agreement line along Hill Top Road. }
Staff reviewed the area in question shown on Map 11 attached. The current
appraised values of properties in that area amount to $2.58 million and
vacant lands, now under agriculture exemption, have an appraised value of
$0.61 million. At the same time, Hickory Hill Road is a strategic east-west
arterial which provides an easily discernible and moat appropriate STJ line to
the south of Denton. staff's recommendation is that we deny Copper Canyon's
request to release that portion of Denton's ETJ. a
The second issue relates to the Cities of Argyle and Bartonville joint c"
interest in an area on the southwest corner of FM 1830 and FM 407 located in t`
Denton's ETJ and shown on Map 12 attached, in a letter dated January 31, 1990 F
lattached), Argyle's Mayor, Norm Thomas, informed staff that Argyle and
Bartonville are in the process of negotiating a line between the two cities a
which will include the said area, This area is north of and contiguous to
I Bartonville city limits and east oi' and contiguous to Argyle city limits. In i
I view of its configuration and location in relation to Bartonville and Argyle,
J there seems to be no advantage for Denton to retain ETJ control over this
area. Staff's recommendation is that Bartonville and Argyle work out an i
agreement line and Denton will release the said area based on that line.
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Mayor and Members of the City Council
February 20, 1990
Page 2
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4!LL~ (U
Harry N. P rsUd, AtCP t
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WP JI
Attachments 9
1. Copy of letter from copper Canyon.
2. Map 11 showing area requested by Copper Canyon.
3. Copy of letter from City of Argyle.
1. Map t2 showing area currently being considered by Cities of Argyle and
Bartonville.
35699 3
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ATTACHMENT 1
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November 10. 1989
Mr. Harry N. Persaud
senior Planner
City of Denton
215 E. McKinney
Denton, Texas 76201
l
Dear Harry,
1
This will confirm the Town of Copper canyon's interest in
developing a common border along our northwestern perimeter
including agreement on ETJ. Most beneficial would be a line that
is easily identifiable not only to the cities but also to land '
owners, i.e., existing roads or property lines, rights of way 1
easements, etc. One possibility could be Hilltop Road extending
from Copper Canyon Road west.
As you know, we are also starting to work with Bartonville on
boundaries and ETJ and would expect to reach an agreement with
them, too, in the near future. Even though you already have an
agreement with Corinth, we will talk with them also.
it would be appreciated if you could discuss options with your city
officials and make a recommendation to us as to what alignment
seems to make sense for both cities. We would be glad to meet with
you as soon as you are ready. Please call Butch Malam (817) 455-
2466 or me at (214) 361-5678.
!
I Very truly, yours,..
G. Hugh Meilinger
Mayor
I Town of Copper Canyon
A: persuad. hm
Reedle & Company, Inc. V _
8333 DoUgLt, AvcnuC
5ixlCrnth 1'lax,r
` U,Ck Box 74
DillaS, Tc.vus 7522)
12141361.5078
OUTPLACEMENT '
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MAP I ATTACHMENT 2y,
r SHOWING AREA REQUESTED BY COPPER CANYON
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. AREA RE IUESTED I
Y HILL
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" I!±0 : COPPER ANYf
COPPER CANYON
l{ MOUTH
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ATTACHMENT 3
fii LE
Y
JANUARY 31, 1990 1
THE CITY OF DENTON
PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT
219 E. MCKINNEY ST. }
DENTON, TEXAS /6201
DEAR MR. ROE BI NS a
THIS LETTER IS TO ADVISE YOU THAT THE CITY OF I
a
ARGYLE AND THE CITY OF BAR'TONVILLE ARE ATTEMPTING
TO NEGOTIATE AN AGREEMENT ON THE FUTURE CORPORATE j
LIMITS OF OUR TWO CITIES. A PARCEL OF LAND IN {
QUESTION IS LOCATED ON THE SOUTH WEST CORNER OF
F.M. 407 AND F.M. 1830 IN THE CITY OF DENTON'S
E.T.J.. WE HOPE THAT DENTON WILL BE AGREEABLE +
TO RELEASING THE PROPERTY, IF THE CITY OF ARGYLE
AND THE CITY Of' BARTONVILLE REACH AN AGREEMENT'
ON THIS MATTER. ,
IF WE ARE NOT AVLE TO REACH AGREEMENT WITH T14E
CITY OF BARTONVILL£ ON THEIR ANNEXATION, WE WOULD '
OP'P'OSE THIS LAND BEING RELEASED FROM DENTON'S E.T.J.
WE APPRECIATE THE SUPPORT WE HAVE RECEIVED FROM 1HE
CITY OF DENT014 AND ARE LOOKING FORWARD TO CONTINUE
TO WORK WITH YOU.
T NY. YOU
~
NORM THOMAS
MAYOR 1
CCi THE CITY OF BARTONVILL£
FILE
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JANUARY 31, 1990
THE CITY OF EARTONVILLE
1941 E. JETTER RD.
EARTONVILLE, TEXAS. 76226
ATTENTION[ THE HONORABLE KATHY CARRINSTON
REFI E.l'.J.
A
DEAR MAYOR CARRINGTONI
A REVIEW OF THE MUNICIPAL RECORDS OF THE CITY OF {
DENTON REVEALED THAT THE PROFERTY YOU PROPOSE TO
ANNEX, AS PRESENTED TO THE AROYLF CITY COUNCIL ON
JANUARY 9TH,, 1990, IS IN 114E E.T.J. OF THE CITY
' OF DENTON. WE WOULD PROPOSE THAT OUR TWO CITIES j
SHOULD NEGOTIATE AN AGREEABLE DIVISION OF THE
LAND BETWEEN AROYLE AND BARTONVILLE AND PRESENT A
JOINT REQUEST TO THE CITY OF DENTON FOR THIS AREA
T.0 BE RELEASED FROM IT'S E.'C.J. ~
1 LOOK; FORWARD TO 14ORKING WITH YOU TO RESOLVE
THIS ISSUE IN A MUTUALLY BENEFICIAL MANNER.
LJ SINCERELY
NORM THOMAS
MAYOR
CC; CITY OF DENTON
FILE
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MAP 2 ATTACHMENT 4
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SHO-W~NC AREA REQUEST BART~ONVILLE A~iGY~,E
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AREA RiQUESTED
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( CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: Consider approval 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 +
RECOMMENDATION:
Approve ordinance based on recommendation of the Planning and
Zoning Commission, Drainage Committee, and Chamber of Commerce
Governmental Affairs Committee
SUMMARY: f
Existing ordinance is not descriptive enough to cover issues
like protecting greenbelts, detention, lot grading, and design
of channels so maintenance is minimized
BACKGROUND:
Process began in summer of 1987 with preparation of preliminary
ordinance by Freese $ Nichols. Review process has been a:tive
for 30 months.
PROGRAMS, DEPARTMENTS, OR GROUPS AFFECTED:
Development Process, Capital Improvement Program, Public Wurks,
and Utility Department
FISCAL IMPACT:
Cost savings and cost increases possible depending on scenario.
City will realize major maintenance savings. Developers will y
realize savings in infra structure costs if natural channel If
I approach is used.
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CITY of DENTON, TEXAS MUNICIPAL SUNLDING / DENTON, TEXAS 76101 / TELEP;1ONr (817) 566.8200
MEMORANDUM j
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DATE: January 19, 1990
T0: Planning and Zoning Commission
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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 18 months ago.
Our final interaction was with the Chamber of Commerce
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
off-site requirements. We feel that all involved parties are
4 satisfied that the regulations proposed in your packet meet the
I needs of the community.
The older regulations lack much of the detail provided in this
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, Cooper, and Hickory
h stay natural.
r ; 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
4 frequencies have been adjusted to be consistent with other
metro-plex cities.
I 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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Mr. Jerry Clark
Engineering Department
ciry of D&NrON 2r:
MEMORANDUM
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DATE: January 9, 1990
TO: Drainage Committee
i
FROM: Frank Robbins, Executive Director
Planning and Development
SUBJECT: DRAINAGE REGULATIONS
Attached is a copy of the regulations that we have been working
on. We are scheduled to prosent these at a public hearing to
j P$Z on January 24, 1990.
If you have any questions about the ordinance, I suggest you
call Jerry. lE you have any questions about its process, you
can call me or Jerry.
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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
TO PROVIDE FOR AMENDED DRAINAGE REQUIREMENTS AND DESIGN STANDARDS/
AMENDING SECTION 10 1/2-17 (FLOOD DAMAGE PREVENTION) OF THE CODE OF
ORDINANCES RELATING TO FLOOR ELEVATIONS; PROVIDING FOR A
SEVERABILITY 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
WHEREAS, the City of Denton has undertaken a program to revise
and implement the new and amended land development regulations and
requirements; and
{ WHEREAS, the revised regulations applicable to drainage
requirements and design standards have been completed; and
WHEREAS, a public hearing on the amended drainage requirements
I and design standards has been held in compliance with the
provisions of the Local Government Code; NOW, THEREFORE, }
1j
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
f
SECTION T. That article 4.15 of Chapter IV of Artiole III of
Appendix A of the Code of Ordinances is amended to read as follows:
DIVISION V.
DRAINAGE REQUIREMENTS AND DESIGN STANDARDS
1
Article 4.13. All developments shall provide the drainage
facilities and improvements to serve the development in accordance
with the following requirements and design standards.
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The following standards and requirements are adopted for the
following purposes;
1. To protect human lifer health and property;
2. To minimize the expenditure of public monies for costly
flood control projectsr
3. To minimize the need for rescue and relief efforts 3
associated with flooding and generally undertaken at the
expense of the general publics
4. To minimize prolonged business interruptions;
5. To minimize damage to public facilities and utilities
located in fioodplainst
6. To provide for the sound use and development of all
areas in such a manner as to minimize future flood
R blight eraser
7. To retain natural floodploins in a condition that
minimizes interference with flood water conveyance,
flood water storage, aquatic and terrestrial ecosystems,
and ground and surface waters
t
S. To minimize erosion and sedimentation problems and
enhance water quality; and
9. To minimize future operational and maintenance expanses.
Be nkpINITIQNB.
In addition to the words herein ueiined, the words defined in
the Drainage Manual shall apply to any word used herein which is
not otherwise defined. Range A route used to provide entry for vehicles and
machinery into a channel.
C &CA,W Aced, A routs parallel to and at the top of the bank
of a channel used to allow maintenance of channels from the }
i top of bank,
bee Fly, The flood having a one percent chance of being #
equaled or exceeded in any given year, Also known as the 100-
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year flood.
CLWUy1. An open conduit in which water flows with a free
surface.
Comet. Any open or closed device for conveying flowing
,a water. I
nrainace Area or Basin. The land area upon which all rainfall
that falls on that area is directed towards or flows to a
given point or stream.
Dra1 nace facilities or__UAtu• One or more conduits, {
channels, ditchas, swa Us, pipes, detention devices, or any t
other device, work, or improvement, natural or man-made, which g
is used, designed or intended to be used to carry, direct,
detain, or otherwise control storm water.
nrainage Manual, The Denton Drainage Design Manual as adopted
by this Division.
Ataton. The storage of storm runoff for a controlled '
release during or immediately following the design storm.
Regional detention refers to storage of storm runoff from an
entire drainage area or basin.
Flood Hazard Boundary Mao (rHBXI. An official map of a
community, issued by the Federal Insurance Administration,
where the areas within the boundaries of special flood hazards F
have been designated.
t;
Flood insurance Rata Mao (Fla:41, An official map of a
community, on which the Federal insurance Administration has
delineated both this areas of special flood hazards and the
risk premium zones applicable to the community.
. The official report provided by the
Federal Insurance Administration containing flood profiles, k
the water surface elevation of the base flood, and the flood
hazard boundary map. a
Zipgdgaiy, The area designated as subject to flooding from
the base flood (100-year flood) on the Flood Insurance Rate
Map. The floodplain includes the floodway,
Flood may. A river, channel or other watercourse and the •
adjacent land arer.s that must be reserved in order to
discharge the bass flood without cumulatively increasing the 1
water surface elevation more than a designated height.
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Normally, the floodway 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 !laps
Floodway Fringe. The area located within the floodplain and J
outside the floodway. 1
Freaboard. The vertical distance between the design water J
surf acs level and the top of an open conduit left to allow for all
wave action, floating debris, or any other condition or
emergency without overtopping the structure.
9XI"• (1) The inclination or slope of a conduit, channel, or
natural ground surface, usually expressed in terms of the
percentage of number o; units of vertical rise (or fall) per
unit of horizontal d.'stancei (7) the slavatiot if the invert
of the bottom of a conduit, canal, culvert, sewer, etat or (1)
the finished surface of a canal bad, road bad, top of an
smban)ment. or bottom of excavation.
Hygrggraph. A graph showing stage, flow, Ao, :y or other
property o' water versus time at a given point a stream or
cc ndu it .
inlet. An opening into a store drain system for the entrance
of surface store ''u'off.
Time of dRonnantration. The estimated time in minutes required
for storm w;ter runoff to flow from the most hydraulically
remote section of the drainage area to a specific design
point.
Inverted 'rown gectian. A street cross section usually
reserved for alleys in which the center of the street is lower
- than the alges so that drainage is carried down the center of !
the street. q
jay:. A driving surface of a street with a width as specified j
in the street design standards for that class of street.
lAca l _nraltaga System. Any drainage facility or system which
serves an area have a contributing drainage basin of less than
one (1) square mils in area.
off_site Located outside the boundary of a development.
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on-site, Located within the boundary of a development.
ZJjQt channtl. A concrete channel section used to convey
normal low flows, fix the location of the flow line of a j
channel, minimize erosion, and provide access for 1
maintenance.
per. A closed conduit through which water !lows.
!dread z_'mits. The width of pavement covered by water based
!n ad flood of a certain frequency (10-year, 100-year flood).
Street crorm. The highest paint of a street cross section, J
normally located at the center line of the street. j
Tailvatar. The water surface elevation directly downstream of
a drainage facility.
C. a.ww~• was+NAQE R1?Qi1I~lr1[L►NT9.
1. Drainage Imercvame~tsired• All developments shall
provide
ovide 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 whic!. is necessary to provide for the storm water
j drainage needs of the development, in accordance with
the requirements and design standards of this division, i
including, but not limited to any drainage facilities,
improvements, or other work which is necessary:
a. To provide for the conveyance of all stars water
from the development when fully developed, to an
adequate discharge point.
b. To fulfill any purpose for which these requirements '
are imposed.
c. To adequately protect the development from flooding,
including the effects of the 100-year flood.
d. To properly control any increase in the upstream or
downstream stage, concentration, or watersurface
elevation caused by the developments
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e. To provide for the conveyance of existing storm
drainage !lowing through the development.
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2. Off-sitS nrainace. Off-site drainage facilities and
improvements shall be provided by the development
whenever additional storm water 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 concentrated
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 the necessary easements to make required off-site
drainage improvements, upon the request of the developer
after compliance with the provisions of this Code, the
city may bring condemnation proceedings to obtain the
offsite drainage easements.
3. Permeable A ea storm water control. Any development may
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 the
need for particular drainage facilities or improvements.
The City Engineer may require the submission of any
drainage computations necessary to determine that the i
permeable areas reserved are adequate in site, design,
or location so as not to require particular drainage
facilities or improvements. If 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 specified by the City Engineer.
No building, structures, or other impermeable improve- r
ments shall be consttueted or installed in the permeable #
areas so designated on the final plat.
4. Detention Facilities, Publicly dedicated detention
facilities may be used to reduce peak discharges where
conditions prevent conveying storm water to an adequate
discharge point or studies show that off-site structural
facilities will not mitigate hydraulic effects more
efficiently. On-site detention facilities shall be a
minimum size of one acre. All detention facilities
shall comply with the design criteria of this Division.
A development may provide for drainage by participating
in the design and construction of a regional detention
facility. Detailed engineering studies of the entire
basin shall be required to insure that t,,e timing of
peak flows has not been altered to create higher peak
flow elsewhere in the basin. Detention facilities may
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be constructed in phases, if phased so as to provide for
the timely needs of the development.
5. Floodolains. where these regulations would require a
development 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
!n the area that would be subject to flooding by the
ultimate base flood because of the failure to provide
for the drainage improvements. In such cases the area
to he left undeveloped shall be dedicated to the public
as a drainage easement on the final plat.
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6. Floodway Fringe Areas, Where any development would fill
a floodway fringe area where the floodway has not been
designated on the Flood Hazard Boundary Map, the
necessary engineering studies to show the limits of the
floodway shall be submitted, If the floodway fringe
area is not proposed to be filled, the area within the t
floodplain 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. FlQ,QQyays and improvements. ~
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a. Generally, floodways serving drainage areas larger
than one square mile in area and which are still
functioning primarily in a natural and adequatt. t
state shall not be altered or improved to provide
for the drainage needs of a development, unless
s there is no other reasonable means of method to
{ provide for such drainage.
b. As part of the required improvements, all debris, A 1
small brush, vines, and other obstructions shall be
cleared once from that portion of any channel
located within or on the perimeter of the develop-
went as directed by the city Engineer, prior to the
connection of any utilities for any building within
a development. A development may also be required j
to provide clearing of off-site floodways to the }
extent necessary to adequately receive or convey
storm water runoff from the development, based on
the 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 a-d
approved by the City Engineer. The vegetation
requirement shall apply to any portion of any
floodway, on-site or off-site, which would he
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d. Any approvals necessary for completion or occupancy
of the Oavelopment may be withheld, including
utility Gonnections and Certificates of Occupancy,
unless ind until the clearance and vegetation
requiremants for floodways are satisfied.
8. Sit* Ero■ign Control. To minimize erosion resulting
from the removal of vegetation and to reduce the
introduction of erosion materials into the storm
drainage systems, all developments and any person t
undertaking any development activity shall make use of j
erosion and sediment control devices in accordance with
the recommendations of the Drainaqa Manual as directed
by the City Engineer. 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 Engineer.
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9. Parent in, Lieu of improvement., Any development ~
required to provide drainage facilities or improvements i
in accordance with this Code may elect to pay to the
City the total construction cost of the required
facilities or improvements, excluding engineoring and
design cost, when
a. The City's approved Capital improvement Plan J
proposes to provide, within two years of the date
the required improvements are to be undertaken, for
the same or similar drainage improvements that would i
make the drainage improvements required by the
development unnecessary, and
b. Failure to provide the drainage improvements at the
time of development would not adversely affeot the
development or any off-site properties, as
determined by the City Engineer.
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The payment herein 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
improvements within five years of payment, the funds
shall be returned to the person making the payment.
D. GENERAL DESIGN STANDARDS.
1. Drainage Manual adopted. The ity of Qgp~,on Drainage
Design Criteria (19901, a copy C of which i• on file with
the City Engineer, is adopted by reference as a part of
the regulations and standards of this Code. In addition
to meeting the requirements expressly set out in this
t 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.
2. DWapc inn Data. Design standards for drain-
age facilities and improvements shall be based on
hydraulic and hydrologic computation data submitted and
approved by the City Engineer prior to submission of the
final plat to the Commission. The City Engineer may
specify the form and manner in which the necessary data
is to be submitted.
3. Separation of Storm Water and Sanitary ggSigr Systems.
Storm water and sanitary sewer systems are intended to
be used and maintained as separate systems. Drainage
facilities shall be designed so as not to connect,
direct, or allow storm water, whether by pool backwash
or otherwise, into the sanitary sewer system.
` 4. St agt Access Crossing Channals. No development shall
be designed to access a public street across a channel
without providing adequate clearance for the channel
k under design storm conditions as required by the
Drainage Manual. Bridges crossing channels serving
drainage areas greater than one (1) square mile in area
shall have one foot 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 foot of
freeboard between the design water surface and the
lowest top of road elevation of the bridge.
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5. Channel xeauirementa. Channel regulations and
F improvement re irements shall be based on the amount
and concentration of the storm water runoff from the
development. All developments shall provide for the
permanent improvement and modification of existing
drainage channels as necessary to serve the development,
subject to and in ac7ordance with the followings
4 a. Channels which serve as floodways serving drainage
f basins larger than one square mile shall be
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 25-year frequency storm. ,
f c. If a development provides for the reservation of f
permeable areas as provided for in this Division so
that a fully lined channel is not necessary to I
adequately convey storm water runoff, the channel j
shall be provided with a concrete pilot channel
meeting the specifications of the Drainage Manual.
d. The minimum grade allowed on an outfall channel or 1
ditch shall be 0.3 foot per 100 feet for concrete
lined channels and 0.5 foot per 100 feet for grass
lined channels.
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e. improved channels shall have one (1) foot of ;
freeboard above the 100-year flood.
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geotechnical investigations, unless determined to be
unnecessary by the City Engineer.
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6. channel Accee■ Roads and Ramns. Any development which
makes use of any channel within or on the perimeter of
the development to provide for storm water runoff may
be required to provide adequate access roads and ramps
for the channel for maintenance purposes as follower
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The payment herein 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
improvements within five years of payment, the funds
shall be returned to the person making the payment.
D. GENERAL DESIGN STANDARDS.
1. Drainage Manual )>den The City o n..,+.,., n..~.....n
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Desion Criteria Msnus { 8910 a copy of which is o
file with the City Engineer, is adopted by reference as
a part of the regulations and standards of this Coda.
In addition to meeting the requirements expressly set
out in this Code, all drainage systems shall comply with
the design standards and requirements contained in the
latest edition of the Drainage Manual adopted by
ordinance, where there is any conflict between a
provision set forth in this Code and ■ provision of the
Drainage Manual, the provision of this Code shall apply.
Prainaga On T ation Data. Design standards for drain-
age facilit es and improvements shall be based on '
hydraulic and hydrologic computation data submitted and
approved by the City Engineer prior to submission of the
final plat to the Commission. The City Engineer may
specify the form and manner in which the necessary data 4
is to be submitted.
7. 8enaration of storm water and 8anitarv sewer aye
storm water and sanitary or systems are intended to
be used and maintained as separate systems. Drainage
{ facilities shall be designed so as not to connect, {
direct, or allow storm water, whether by pool backwash
or otherwise, into the sanitary sewer system.
4' No development shall
be designed to access a public street across a channel s
without providing a3equate clearance for the channel
under design storm conditions as required by the
Drainage Manual. Bridges crossing channels serving r
drainage areas greater than one (1) square ■ile in area
shall have one foot of freeboard between the design
water surface and the lowest been of the bridge.
j Bridges crossing channels serving drainage areas less
l1 than one (1) square mile in area shall have one foot of
freeboard between the design water surface and the
II lowest top of road elevation of the bridge.
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5. Channel Re irements. Channel regulations and
improvement requirements shall be based on the amount
and concentration of the storm water runoff from the
development. All developments shall provide for the
permanent improvement and modification of existing
drainage channels as necessary to serve the development,
subject to and in accordance with the following:
a. Channels which serve as floodways serving drainage
basins larger than one square mile shall be
maintained in a natural state as provided for in
these regulations. undeveloped branches of natoiral
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 25-year frequency store,
c. If a development provides for the reservation of
permeable areas an provided for in this Division so j
that a fully lined channel is not necessary to
adequately convey storm water runoff, the channel
shall be provided with a concrete pilot channel
meeting the specifications of the Drainage Manual.
d. The minimum grade allowed on an outfall channel or j
ditch shall be 0.3 foot
lined channels and 0.5 foot= per 0 10feet 0 foot rfornc grass
~ lied channels. }
Improved channels shall have one (i) toot of
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freeboard.
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f. The design for all open channels shall be based on
geoteehnical investigations, unless determined to be
unnecessary by the City Engineer.
6. Channel Aeceps Roads and n.mee. Any development which
makes use of any channel within or on the perimeter of
the development to provide for storm water runoff may j
be required to provide adequate access roads and ramps
for the channel for maintenance purposes as follows:
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a. For all channels serving drainage basins larger than
one square mile, access rasps shall be provided
where the channel intersects any public roadway.
b. For all improved, unlined channels serving basins 1
less than one square mile, access to channels shall I
be provided by one of the following methods, as
~r3 approved by the City Engineers
(1) By constructing a flexible bass road or
equivalent.
(2) By providing a combination of the bottom
access and an access road on one side of the
channel, if the depth of the channel will
allow maintenance from the access road.
(3) For channels exceeding a depth of four feet
(41) and 4, 1 side slopes, an access road
shall be provided on both sides of the
channel where none of the other methods
would be sufficient to provide for main-
tenance of the channel.
C. To insure adequate access, all lined and pilot
channels shall have a minimum bottom width of ten
(10) feet and shall be provided with access ramps
located as directed by the City Engineer. Access 1
ramps shall not be less than twelve (12) feet wide, t
with a minis= cross grade of 6si6 All access roads
shall be located within a dedicated easement of the
size required by this Division.
7. Major drainage systvss are
intended to provide for conveyance o! major flooding and j
usually consist of channels, detent on reservoirs,
street rights-of-way and overflow swales. Major drain- i
age systems shall be designed to convey the 100-year
flood and may be planned as an integral, useable part of
r a development.
Minor drainage systwss are
~i g. mgr Draiaace svatems.
intended to provide for conveyance of nuisance type
flooding and usually consist of streets, storm drain
inlets and pipes. Minor drainage systems shall be
designed to convey the 10-year frequency flood. Addi-
tional capacity requirements may be required where there
are flow width restrictions or other special conditions. F
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9. Maximum and Minimum Times of Concentration. Drainage
systems for all developments shall be designed 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 cases where it is evident, as
determined by the City Engineer, that the actual time of
concentration is lees than the minimum specified in the
Drainage Manual, a shorter time of concentration may be
required.
10. Tailwater Consideration.. Proposed storm drains may
discharge into existing watercourses shown on the
current Flood Insurance Rate Map. The tailwater eleva-
tion used in lydraulin calculations of the proposed
storm drain system shall consider the water surface
elevation of the vatarcourse for the same design fre-
quency as the storm drain system. All storm drainage
systems stall 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 storm drain discharges is
located outside Zone X of the Flood Insurance Rate Map,
the tailwater elevation of the proposed storm drain
system shall be the water surface elevation of the
watercourse when its peak discharge occurs.
11.
I&t_2xAj="• Generally, each lot shall be designed or
graded to direct storm water into an abutting street,
alley, channel, or inlet. If drainage is provided in
the rear of any lot by an aile;r or closed storm drainage
system consisting of inlets and pipes, the alley or
drainage system shall be designed for the 100-year
flood. 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 dwellingm 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 person to fill, modify, or otherwise obstruct
any public drainage easement designed or used as an
overflow channel or structure.
E. DESION IzMU4 s 1
1. DesigM Zlood I=ecuancias. The following. listed i i
facilities shall be designed to handle the flood
frequencies indicateds ,
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Facility Flood Freguancv
(years)
Street Capacity and Enclosed
Pipe System (if needed) 10
Driveway Culverts and Roadside Ditches 25
Street Right-of-Way 100
Improved Channels 100
Culverts 100
Bridges 100
Floodways 100
2. Street Drainage Requirements.
a. The permissible water spreads for streets are based
on the 10-year flood. All streets shall be capable
of conveying a 100-year flood without water
exceeding the right-of-way limits. The spread
limits listed below shall apply to the following
streets and facilities:
Permissible Water Spread - 10-Year Z],ood
Arterial Street
(divided/undivided) 1 lane open in each
direction.
r collector street i lane open
Local/Residential Street Top of Curb
b. The allowable drainage flow across street
` j intersections for the 10-year flood shall be as
follows:
Street Classification Crou Flow
# Arterial (divided and undivided) None
i collector None
r Local/Residential:
inlets at intersection lot of inlet
capacity.
No inlets at intersection Gutter flow of
4" or less. #
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c. Inverted crown sections are permitted only in
alleys.
d. Street crewne shall be reduced for approximately one
hundred (1000) feet on each side of valleys, and
only one valley crossing for each street shall be
used at an intersection.
e. For streets with culverts ov 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. Water shall not {
encroach on the building side of the building
setback line.
3•D~ 3vatem ReeLirsma .
a. Storm drain systems capable of conveying the 30-year I
frequency flood are required when water spread and
intersection cross flow limits are exceeded. Closed
pipe systems shall be required for discharges up to
and including the equivalent flow of a 48-inch pipe,
unless the grade of the natural ground is less than
0.54, 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
shall be three (3) feet per second.
c. The minimum storm drain pipe diameter shall be
eighteen (18) inches.
d. Pi
dirt die
eters shall not normally decrease j
am.
e. Pipe soffits at changes in at the same elevation. pipe riser should be set
f. Vertical curves in the conduit will not be a
permitted, and horizontal curves will be permitted
• only with the approval of the City Engineer.
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q. Manholes shall be placed at the connection of two
(2) or more laterals, at pipe junctions having pipe
sizes greater than twenty-four (340) inches, at
allynnent changer and at the beginning of the storm
drain system. Maximum manhole spacing shall be as
foliowsi
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Pipe size Maximum spacing r
(inches) (feet)
18 - 36 600
42 - 60 1,000
Largcr than 60 No limit
4. grivewav culverts. All driveway Culvert construction
shall be inspected by the City during construction and
shall most the following requirements: +
a. Culverts shall be of sufficient size to carry the
expected water flow within the channel) be made of
approved classes of reinforced concrete pipe (RCP)
or corrugated metal pipe (CNP)j and shall be jointed
together properly by materials approved by the City
Engineer.
b. The safety standards for ends to driveway culverts
adopted by the Texas Department of Highways and
Public Transportation (TDHOT), as amended, on file
in the office of the City Engineer, are hereby
adopted by reference to the following extent:
(1) Culverts of twenty-one (21) inches in size or j
larger shall have 6:1 safety end sections. The t
ground around the and section shall have a grade
of 611.
(2) Culverts less than twenty-one (21") inches in
size shall have Type B end sections (Texas
Highway Department Drawing CH-11). Type 8
headwalls and guardrails may be used for pipes
larger than twenty-one (210) inches, when
approved by the city Engineer.
(3) Culverts of thirty (300) inches or less do not
require safety pipe runners. Culverts above
thirty (30") inches shall most THD Q PT
standards. '
5. Detention Ponds. All detention ponds shall be in 3
I compliance with any applicable design requirements of 1
any State or Federal law or regulations, as amended,
including the regulations of the Texas water commission,
or its successor agency. The following requirements and
design standards shall apply to detention ponds to the
extent they do not conflict with any applicable. Federal
or state laws or regulations, as amendedl a
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a. Thevolume100-yearof flood shall be used to determine the
detention storage required. Detention
facilities shall be designed so that any additional
runoff generated by the proposed development will
not increase the amount of original discharge for
storm frequencies from the 5-year to the 100-year
flood.
b. The Modified Rational Method shall be used to
construct runoff hydrographs for detention storage
design when the contributing drainage area is 200
ar-res or less. The procedures outlined in Soil
Conservation Service Technical Release No. 20 (TR-
20), or in the Corps of Engineers Flood H dr 1
Package (NEC-1), shall be used to determine runoff
hydrographs for detention storage design when the
contributing drainage area exceeds 200 acres. The
City Engineer may approve the use of other methods
for runoff hydrographs when appropriate,
o., An emerg.•ncy spillway or overflow area shall be
provided at the maximum 100-year pool -level and
shall be capable of conveying discharges as reired
by the regulations of the Texas Water Commission, or
its successor agency. The spillway shall be
constructed of concrete, unless alternative
materials are approved by the City Engineer.
d. Any outflow structure which conveys water through
the embankment in a conduit shall be reinforced
t concrete designed to support the external loads.
The conduit shall withstand the internal hydraulic I
pressure without leakage under full external load or
settlement and must convey water at the design
velocity without damage to the interior surfaca o
the conduit. of
j a. The outflow structure of a }
1 discharging water into any natural strtan or unlbas
ined t
channel shall discharge at a non-erosive rate, 1
unless approved erosion
accordance with the DrainagetManual.is provided in
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f. Detention basins resulting from excavation shall
provide positive drainage in accordance with the
detentionMbasin, which is not In rock any shall snot
exceed 41l.
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g. Earthen embankments used for water impoundments must
be constructed according to specifications for fill
material and be designed based upon geotechnical
investigations of the site. The minimum crown width
of the embankment shall be twelve (12) feet. I
h. Detention basins shall be designed with adequate 1
ingress and egress to allow for regular maintenance,
including periodic desilting and debris removal.
Detention basins designed for permanent water
wv" storage must include dewatering facilities to allow
for maintenance. Detention basins designed to serve
drainage areas of 320 acres or more must include a
desilting basin in the upstream pool area.
I. Security fencing of a minimum height of six (60)
feet shall encompass the detention storage area if
the velocity, depth, or slopes create a potentially
dangerous condition. The fence shall be designed so
as to allow access for maintenance and so as not to
restrict stormwater flow into or 'out of the
detention basin.
F. EASFtrxNTA.
I
In addition to any other provisions of this Code relating to
easements for public improvements, the following requirements for
easements for public drainage improvements, channels, and {
facilities required for any development by this Division shall 1
apply:
1. All public drainage systems and facilities which are not III
to be included within an existing or proposed public
street right-of-way shall be located within easements to
be dedicated to the City and shall have adequate access III
to a public street. Prior to acceptance of any public
drainage facilities, all easements within which the ! !
facilities are located shall be cleared of all 1
buildings, structures, fences, or other obstacles that
would interfere with access to the easements. t
2. Easements for closed drainage systems shall meat the
following minim m standards, unless special
circumstances warrant additional or reduced easements,
as determined by the City Engineer:
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Pine Siza Minimum Easement width
36" and under 15 feet
42" through 54" 20 feet
60" through 66" 25 foot
72" and above 30 feet
3. Whore an access road is required adjacent to a channel,
an easement of a minimum width of fifteen feet (151)
shall be provided.
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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 flowline "day lights" on natural grade.
6. To provide for maintenance, a drainage easement shall be
provided at least twenty-five feet (251) beyond any
outfall headwall.
G. FMOD DAMAGE rMKI OM.
All developments regulated by this Coda shall be subject to
and comply with any applicable provision of the flood damage
' prevention ordinance, presently codified in chapter 10-1/2 of the
Code of ordinances, as aaended, and the following requireasnts:
1. Minimum zinishad Floor Elevation, Minimum finished
floor elevations for proposed development areas shall be 3
eighteen (18") inches above the 100-year flood elevation 1
based on encroached stream conditions as contained in
the appropriate flood insurance study, If a one hundred
year water surface elevation for encroached stream
conditions has not been determined by a flood insurance
study, the finished floor elevations in the development
I' area shall be eighteen (180) inches above tho 100-year
flood elevation based on ultimate watershed development
conditions.
2. Floodway and Floodnlain Modification and PerYittin;,L No
land shall be modified in any floodplain or floodway
until the drainage codification plans have been reviewed
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and a permit issued by the city Engineer in accordance
with Chapter 10-1/2 of the Code of Ordinances, as
amended.
SECTION Ii. That paragraphs (a) and (b) of section 10 1/2-17
of the Code of Ordinances are amended to read as followst
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(a) Residential ronat vction. New construction or
substantial improvement of any residential
structure shall have the lowest floor,
including basement, elevated eighteen inches
(18") 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
registered professional engineer, architect, or
land surveyor shall submit a certification to
the City Engineer, in accordance with section
10 1/2-14 (a), that the standard of this
subsection is met.
(b) Nonrgsidential constructio Nov construction
or substantial improvement of a commercial,
industrial or other nonresidential structure
shall have the lowest floor, including any
basement, elevated eighteen inches (18") 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 required 100-year water surface
elevations shall be based on ultimate
development watershed conditions. Attendant
utility and sanitary facilities shall be
floodproofed so that below the base flood level
the structure is water tight with walls
i substantially impermeable to the passage of
water and structural components have the
capability of resisting hydrostatic and
hydrodynamic loads and the effects of buoyancy.
A registered professional engineer, architect,
or land surveyor shall submit a certification
to the City Engineer, in accordance with ,
section 10 1/2-14 (a), that the requirements of
this subsection are not.
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appllca~Etfon r of to at it any provision of this ordinance or
by any court, such holding pshall not affect the is held invalid of the
remaining portions of this ordinance, and the City council of he
City of Denton, Texas, hereby declares that it would have enacted i
such remaining portions despite any such invalidity,
ordinancSJW~ iti a palies t any t person violating any provision of this
Denton, shall u property within the City of
pon conviction, be fined a sum not exceeding
shall$500.0constitute0. Each
separate and provision distinct h offense. is vic+',atsd
a
BELT QH y 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 he
date of its passage.
PASSED AND APPROVED this the
day of , 1990.
RAY STEPHENS, MAYOR
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ATTEST:
JENNIFER WALTERB, CITY 88CR8TARY
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APPROVED AS TO LEGAL FORMt
DEBRA A. DRAYOVITCM, CITY ATTORNEY
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BY:
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work\drains
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NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ARTICLE 4.15 OF
CHAPTER IV OF ARTICLE TII OF APPENDIX A OF THE CODE OF ORDINANCES
TO PROVIDE FOR AMENDED DRAINAGE REQUIREMENTS AND DESIGN STANDARDS;
AMENDING SECTION 10 1/2-17 (FLOOD DAMAGE PREVENTION) OF THE CODE OF
ORDINANCES RELATING TO FLOOR ELEVATIONS: PROVIDING FOR A
SEVERABILITY CLAUSE; PROVIDING A PENALTY IN THE AMOUNT OF $500.00
FOR VIOLATIONS THEREOF OCCURRING WITHIN THE CITY OF DENTONi 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
WHEREAS, the City of Denton has undertaken a program to revise
and implement the new and amended land development regulations and
requirements; and
WHEREAS, the revised regulations applicable to drainage
requirements and design standards have been completed; 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 Code; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That article 4.15 of Chapter IV of Article III of
Appendix A of the Code of Ordinances is amended to read as follows:
DIVISION V.
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DRAINAGE REQUIREMENTS AND DESIGN STANDARDS #
Article 4.15. All developments shall provide the drainage
facilities and improvements to serve the development in accordance
with the following requirements and design standards.
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A. PURPOSE,
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The following standards and requirements are adopted for the
following purposes:
1. To protect human life, health and property:
2. To minimize the expenditure of public monies for costly
flood control projects:
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3. To minimize the need for rescue and relief efforts a
associated with flooding and generally undertaken at the
expense of the general public:
4. To minimize prolonged business interruptions: j
5. To minimize damage to public facilities and utilities
located in floodplains:
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
minimizes interference with flood water coaveyance,
flood water storage, aquatic and terrestrial ecosystems,
and ground and surface waters
S. To minimize erosion and sedimentation problems and
enhance water quality: and
9. To minimize future operational and maintenance expenses.
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I B. DEFINITIONS.
In addition to the words heroin defined, the wordy defined in
the Drainage Manual shall apply to an- word used herein which is
i not otherwise defined.
Access Ramo. A route used to provide entry for vehicle, and
i machinery into a channel. §
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Access Road, A route parallel to and at the top of the bank
of a channel used to allow maintenance of channels from the
h top of bank.
Base Flood. The flood having a one percent chance of being
equaled or exceeded in any given year. Also known as the 100-
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g year flood.
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flannel. An open conduit in which water flows with a free
surface.
Conduit. Any open or closed device for conveying flowing
J water.
~r Drainage Area or Basin. The land area upon which all rainfall
that falls on that area is directed towards or flows to a
given point or stream.
Drainage -Facilities or Syatem. One or more conduits,
channels, ditches, swales, pipes, detention devices, or any
other device, work, %~r improvement, natural or man-made, which
is used, designed, or intended to be used to carry, direct,
detain, or otherwise control storm water.
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Drainage Manual. The Denton Drainage Design Manual as adopted
by this Division.
Detention. The storage of storm runoff for a controlled °
release during or immediately following Che design storm.
Regional detention refers to storage of storm runoff from an ;
entire drainage area or basin.
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Flood Hazard Boundary Map (FHSM1. An official map of a
community, issued by the Federal Insurance Administration,
where the areas within the boundaries of special flood hazards
have been designated.
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F! Qf1 Insurance Rate Maa (FIRMf. An official map of a S
community, on which the Federal Insurance Administration has ;
f delineated both the areas of special flood hazards and the
risk premium zones applicable to the community.
mod Insurance study. The official report provided by the s
Federal Insurance Administration containing flood profiles i
the water surface elevation of the base flood, and the flood f
hazard boundary map.
F1QpAnlain. The area designated as subject to flooding from {
the base flood (100-year flood) on the Flood Insurance Rate
Map. The floodplain includes the floodway.
Floodwav. A river, channel or other watercourse and the
adjacent 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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Normally, the floodway will include the stream channel and
that portion of the adjacent land areas required to pass the J
base flood (100-year flood) discharge without cumulatively 1I
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 Map.
Floodway Fringe. The area located within the floodplain and
outside the floodway.
Freeboard. The vertical distance between the design water
surface level 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.
Grade, (1) The inclination or slope of a conduit, channel, or
natural ground surface, usually expressed in terms of the
percentage of number of units of vertical rise (or fall) per y
unit of horizontal distrncet (2) the elevation of the invert
of the bottom of a conduit, canal, culvert, sewer, stoi or (3)
the finished surface of a canal bed, road bed, top of an
embankment, or bottom of excavation.
gydrggravh. A graph showing stage, flow, velocity or other
property of water versus time at a given point on a stream or
conduit.
inlet An opening into a storm drain system for the entrance
of surface storm runoff.
Time of Concentration. The estimated time in minutes required
for storm water runoff to flow from the most hydraulically
remote section of the drainage area to a specific design
point.
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Inverted Crown Section. A street cross section usually
reserved for alleys in which the center of the street is lower I
than the edges so that drainage is carried down the center of
the street. -
LAM. A driving surface of a street with a width as specified
in the street design standards for that class of street.
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Local Drainage System. Any drainage facility or system which
serves an area have a contributing drainage basin of less than
one (1) square mile in area. r
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Off-site. Located outside the boundary of a development.
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On-site. Located within the boundary of a development.
Pilot Channel. A concrete channel section used to convey
normal low flows, fix the location of the flow line of a
channel, minimize erosion, and provide access for J
maintenance. I
Pine A closed conduit through which water flows. E
Spread Limits. The width of pavement covered by water based
on a flood of a certain frequency (10-year, 100-year flood).
Strget Crown. The highest point of a street cross section,
normally located at the center line of the street. t
Tailwater. The water surface elevation directly downstream of
a drainage facility.
C. GENERAL DRAINAGE REQUIREMENTS.
1. Drainage Imnrovaments Rewired. All developments shall
provide for any now 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 whicr is necessary to provide for the storm water
drainage ritds of the development, in accordance with
the require fonts and design standards of this division,
including, 'ut not limited to any drainage facilities,
improvement-. or other work which is necessary:
a. To provi•,i for the conveyance of all storm water
from the development when fully developed, to an
adequate discharge point.
b. To fulfill any purpose for which these requirements
f are imposed.
c. To adequately protect the development from flooding,
including the effects of the 100-year flood.
d. To properly control any increase in the upstream or
downstream stage, concentration, or watersurface
elevation caused by the development.
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s. To provide for the conveyance of existing storm
drainage flowing through the development.
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2. off-Site Drainage. Off-site drainage facilities and
improvements shall be provided by the development
whenever additional storm water 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 boon collected or concentrated
to one point, it shall not be discharged onto adjacent
properties, except into existing creeks, channels, or
storm drains, unless drainage or flowage .:asoments are
obtained for those properties. If the developer cannot
obtain the necessary easements to make required off-site
drainage: improvements, upon the request of the developer
after compliance with the provisions of this code, the
City may bring condemnation proceedings to obtain the
offsite drainage easements.
3. Permeable area Storm Water Control. Any development may
provide for storm water runoff by reserving a sufficient '
amount of land within the development for landscaping,
green space, or other permeable areas, excluding 1
detention facilities, if sufficient to alleviate the
need for particular drainage facilities or improvements.
The City Engineer may require the submission of any
drainage computations necessary to determine that the
permeable areas reserved are adequate in size, design,
or location so as not t.3 require particular drainage
facilities or improvements. If a plat is approved on
that basis, the permeable areas proposed to be reserved
shall be shown on the plat or otherwise referenced by i
the plat, in the manner specified by the City Engineer.
No building, structures, or other impermeable improve-
meets shall be constructed or installed in the permeable
areas so designated on the final plat.
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4. Detention Facilities. Publicly dedicated detention
facilities may be used to reduce peak discharges where
conditions prevent conveying storm water to an adequate t
discharge point or studies show that off-site structural
facilities will not mitigate hydraulic effects more
efficiently. on-site detention facilities shall be a L,--
minimum size of one acre. Al? detention facilities
shall comply with the design criteria of this Division.
A development may provide for drainage by participating E
I in the design and construction of a regional detention
facility. Detailed engineering studies of the entire
basin shall be required to insure that the timing of
peak flows has not been altered to create higher peak ✓
flow elsewhere in the basin. Detention facilities may
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be constructed in phases, if phased so as to provide for
the timely needs of the development.
5. Flo plains. where these regulations would require a
development 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
y, making the required improvements, restrict development
in the area that would be subject to flooding by the
ultim&te base flood because of the failure to provide
for th,a drainage improvements. In such cases the area
to be left undeveloped shall be dedicated to the public
as a drainage easement on the final plat.
6. Floodway Fringe Areas. Where any development would fill
a floodway fringe area where the floodway has not been
designated on the Flood Hazard Boundary Map, the
necessary engineering studies to show the limits of the
floodway shall be submitted. If the floodway fringe
area is not proposed to be filled, the area within the
floodplain 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 and improvements.
a. Generally, floodways serving drainage areas larger
than one Square mile in area and which are still +
functionAng 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 mathod to
provide for such drainage.
b. As part of the required improvements, all debris,
small brush, vines, and other obstructions shall be 11
cleared once from' that portion of any channel
located within or on the perimeter of the develop-
ment as directed by the City Engineer, prior to the
connection of any utilities for any building within
a development. A development may also be required
to provide clearing of off-site floodways to the t
extent necessary to adequately receive or convey
storm water runoff from the development, based on i
the 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-site, when nece3sary 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 ar.y portion of any
floodway, on-site or off-site, which would be
affected by runoff from the development.
d. Any approvals necessary for completion or occupancy
of the development may be withhold, including
utility connections and Certificates of occupancy, J
unless and until the clearance and vegetation 11
requirements for floodways are satisfied.
S. cit. Erosion Control. To minimize erosion resulting
from the removal of vegetation and to reduce the r
introduction of erosion materials into the storm
drainage systems, all developments and any person
undertaking any development activity shall make use of
erosion and sediment control. devices in accordance with } i
the recommendations of the Drainage Kanual, as directed
by the City Engineer. The erosion and sediment control i
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 Engineer.
n * Any development
9. n iau of improvements.
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required to provide (Ira age facilities or improvements
in accordance with this Code may elect to pay to the
City the total construction cost of the required
facilities or improvements, excluding engineering and
design cost, when:
a. The City's approved Capital Improvement Plan
proposes to provide, within two years of the date i
the required improvements are to be undertaken, for
the same or similar drainage improvements that would
make the drainage improvements required by the
development unnecessary, and
b. Failure to provide the drainage improvements at the I
1 time of development would not adversely affect the
! development or any off-site properties, as
determined by the City Engineer. j
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The payment herein 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
improvements within five years of payment, the funds
shall be returned to the person making the payment.
D. OENER,L DESIGN STANDARDS. ~ qqo
1. Drainage Manual Adopted. Thb City of Denton Drainage
Desion_Criteria Manual (19891, a copy of which is on
file with the City Engineer, is adopted by reference ea
a part of the regulations and standards of this Code.
In addition to meeting the requirements expressly not
out in this Code, all drainage systems shall comply with
the design standards and requirements contained in the
latest edition of the Drainage Manual adopted by
ordinance. Where there is any conflict between a
provision set forth in this Code and a provision of the
Drainage Manual, the provision of this Code shall apply.
2. Drainage Con utation Data. Design standards for drain-
age facilities and improvements shall be based on ;
hydraulic and hydrologic computation data submitted and
approved by the City Engineer prior to submission of the
final plat to the Commission. The City Engineer may
specify thq form and manner in which the necessary data
is to be submitted.
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3. Separation of Storm Water and Sanitary Sewer System.
Storm water and sanitary sewer systems are intended to
be used and maintained as separate systems. Drainage t
facilities shall be designed so as not to connect,
direct, or allow storm water, whether by pool backwash
or otherwise, into the sanitary sewer system.
4. Street Access Crossing Channels. No development shall
be designed to access a public street across a channel
without providing adequate clearance for the channel
under design atom conditions as required by the 'r
Drainage Manual. Bridges crossing channels serving
drainage areas greater than one (1) square mile in area e
shall have one foot 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 foot of
freeboard between the design water surface and the
lowest top of road elevation of the bridge.
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S. Channel Reouirements. Channel regulations and
improvement requirements shall be based on the amount
and concentration of the storm water runoff from the
development. All developments shall provide for the
permanent improvement and modification of existing
drainage channels as necessary to serve the development,
subject to and in accordance with the following:
a. Channels which serve as floodways serving drainage
basins larger than one square mile shall be
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.
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b. Channeli of local drainage systems serving it
development shall be fully lined with concrete to it
level tit least one foot above the water surface 4
resulting from the 25-year frequency storm.
C. 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 j
adequately convey storm water runoff, the channel
shall be provided with a concrete pilot channel
meeting the specifications of the Drainage Manual.
d. The minimum grade allowed on an outfall channel or r
ditch shall be 0.3 foot per 100 feet for concrete
lined channels and 0.5 foot per 100 feet for grass
lined channels.
e. Improved channels shall have one (1) foot of
freeboard.
f. The desigqn for all open channels shall be based on
geotechnical investigations, unless determined to be
4 unnecessary by the City Engineer.
6. cannel Ac e s Roads and Aamns. Any development which
makes use of any channel within or on the perimeter of
the development to provide for storm water runoff may
be required to provide adequate access roads and ramps
for the channel for maintenance purposes as follows:
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a. 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 Engineer:
(1) By constructing a flexible base road or lam-
equivalent.
(2) By providing a combination of the bottom
access and an access road on one side of the / t
channel, if the depth of the channel will
allow maintenance from the access road.
(3) For channels exceeding a depth of four feet f
(40) and 4: 1 side slopes, an access road
shall be provided on both sides of the
channel where none of the other methods
would be sufficient to provide for main-
tenance of the channel.
c. To insure adequate access, all lined and pilot
channels shall have a minimum bottom width of ten
(10) feet and shall be provided with access ramps
located as directed by the City Engineer. Accens
ramps shall not be less than twelve (12) feet wide, ,
with a minimum cross grade of b:l. All access roads
shall be located within a dedicated easement of the
size required by this Division.
7. Me~Qr Drainage Major drainage systems are '
intended to provide for conveyance of major flooding and
usually consist of channels, detention reservoirs,
` street rights-of-way and overflow swales. Major drain-
age systeau shall be designed to convey the 100-year
flood and may be planned as an integral, useable part of 1
a development.
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8. Minor j~f■~maa 5yetems. Minor drainage systems are
intended to provide for conveyance of nuisance typo
flooding and usually consist of streets, storm drain f
inlets and pipes. Minor drainage systems shall be
designed to convey the 10-year frequency flood. Addi-
tional capacity requirements may be required where there
are flow width restrictions or other special conditions.
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' 9. Maximum and Minimum Times of Concentration. Drainage
systems for all developments shall be designed 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 cases where it is evident, as
determined by the City Engineer, that the actual time of I
concentration is less than the minimum specified in the
Drainage Manual, a shorter time of concentration may be
required.
10. Tailwater Considerations. Proposed storm drains may
discharge into existing watercourses shown on the
current Flood Insurance Rate Map. The tailwater slove-
tion ue:ad in hydraulic calculations of the proposed 1
storm drain system shall consider the water surface
elevation of the watercourse for the same design fre-
quency as the storm drain system. All storm 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 storm drain discharges is r
located outside Zone X of the Flood Insurance Rate Map,
the tailwater elevation of the proposed storm drain
system shall be the water surface elevation of the
watercourse when its peak discharge occurs. f
11. rjot Drainage. Generally, each lot shall be designed or t 1
graded to direct storm water into an abutting street,
alley, channel, or inlet. If drainage is provided in
the rear of any lot by in alley or closed storm drainage
system consisting of inlets and pipes, the alley or
drainage system shall be designed for the 100-year
flood. 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 of fact on any other lot. It shall be unlawful
for any person to fill, modify, or otherwise obstruct V'
any public drainage easement designed or used as an
overflow channel or structure. I
E. DESIGN CRITERIA.
1. Design Flood Frequencies. The following listed
facilities shall be desic.ted to handle the flood
frequencies indicated: I
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(year
Street Capacity and Enclosed
Pipe System (if needed)
' 20
Driveway Culverts and Roadside Ditches 25
Street Right-of-Way
Improved Channels 100 '
Culverts 100 s
Bridges 100
Floodways 100
100
Z• Street Drainage Re
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The Permissible water spreads - flood, for streets are based
of con 0 in All streets shall be capable
excedin y g a 100-year flood without water
limits list de belowt hall Ylimitr. The spread
streets and facilities: apply to the
following
kiater mead n
Arterial Street
(divided/undivided
direction. onpell in each
collector Street
1 lane open
Local/Residential Street Top Of Curb
b• The allowable drainage
intersections for the 10- flyearew flood roes street
follows: shall be as y
t S~a__ s,F2_y
Arterial (divided and undivided) None
Collector
I None
Local/Residential:
Inlets at intersection
lot of inlet
capacity.
No inlets at intersection
Gutter flow of
4" or less.
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c. Inverted
alleys. crown sections are permitted only in
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d. Street crowns shall be reduced for approximately one
hundred (1000, feet on each side of valleys, and
only one valley crossing for each street shall be
used at an intersection,
e. 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
i building could be constructed. Water shall not
encroach on the building side of the building '
setback line.
3. Pibe SYetem Aa~i~r~r i
r a. Storm drain systems capable of conveying the 30-year
frequency flood are required when water spread and
intersection cross flow limits are exceeded. Closed
pipe systems shall be required for discharges up to
and including the equivalent flow of a 48-inch pipe,
unless the grade of the natural ground is less than
i 0.5t0 then an enclosed pipe system shall be required
f for discharges up to and including 100 c.f.s.
b. The minimum velocity with the pipe flowing full
I shall be three (3) feet per second.
c. The minimum storm drain pipe diameter shall be
eighteen (18) inches.
d. Pipe diameters shall not normally decrease
s downstream.
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a. Pipe soffits at changes in pipe sizes should be set
at the same elevation.
f. Vertical curves in the conduit will not be
1 permitted, and horizontal curves will be permitted
only with the approval of the City Engineer.
g. Manholes shall be placed at the connection of two
(2) or more laterals, at pipe g pipe s
t junctions hnvin
sizes greater than twenty-four (24") inches, at
alignment changes and at the beginning of the storm
drain system. Maximum manhole spacing shall be as
follows:
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(inches2e Maximum c_ Dac~„~ J
) (feet) II
18 - 36 42 - 60 600
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arger than 60 11000
No limit
4, Driveway Culver U. All driveway culvert construction
shall be inspected by the City during constrn►ction and {
shall meet the following requirements:
a. Culverts shall be of sufficient size to carry the
expected water flow within the channel: be made of
approved classes of reinforced concrete pipe (RCp)
or corrugated metal pipe (CMP)t and shall be jointed
together properly by materials approved by the City I
Engineer.
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b. The safety standards for ends to driveway culverts
adopted by the Texas Department of Htghways and
Public Transportation (TDHiPT), 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 size or
larger shall have 6:1 safety end sections, The
ground around the and section shall have a grade
of 611.
(2) Culverts less than twenty-u:.e (21") inches in E
size shall have Type B and sections (Texas
Highway Department Drawing CH-11). .
headwalls and guardrails may be used for Type
pipes
t larger than twenty-one (21") inches, when !
approved by the City Engineer.
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(3) Culverts of thirty (30") inches or less do not
requirs safety pipe runners. Culverts above
thirty (30") inches shall meet THD i PT i
standards,
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5. Mention Ponds, All detention ponds shall be in
compliance with any applicable design requirements of E
any state or Federal law or regulations, as amended, j
including the regulations of the Texas water commission,
or its successor agency. The following requirements and
design standards shall apply to detention ponds to the
extent they do not conflict with any applicable Federal t
or State laws or regulations, as amendeds
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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
runoff generated by the proposed development will
not increase the amount of original discharge for
storm frequencies from the 5-year to the 100-year
flood.
b. The Modified Rational Method shall be used to
construct runoff hydrographs for detention storage
design when the contributing drainage area is 200
acres or less. The proclidures outlined in Soil
Conservation Service Technical Release No. 20 (TR-
20), or in the Corps of Engineers Flood Hydrograph
Package (NEC-i), shall be used to determine runoff
hydrographs for detention storage design when the
contributing drainage area exceeds 200 acres. The
City Engineer may approve the use of other methods
for runoff hydrographs when appropriate. ,
c. An emergency spillway or overflow area shall be
provided at the maximum 100-year pool level and
shall be capable of conveying discharges as required
by the regulations of the Texas Water commission, or
its successor agency. The spillway shall be
constructed of concrete, unless alternative
materials are approved by the City Engineer.
d
d. Any outflow structure which conveys water through
the embankment in a conduit shall be reinforced
concrete designed to support the external loads.
The conduit shall Withstand the internal hydraulic
pressure without lauxage under full external load or
settlement and must convey water at the design
velocity without damage to the interior surface of
the conduit.
e. The outflow structure of a detention basin
discharging water into any natural stream or unlined
channel shall discharge at a non-erosive rate, {
unless approved erosion protection is provided in
accordance with the Drainage Manual.
f. Detention basins resulting from excavation shall
provide positive drainage in accordance with the 3
Urainega Manual. The sins grade for any excavated
detention basin, which is not in rock, shall not
exceed 41l. {
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g. Earthen embankments used for water impoundments must
C be constructed according to specifications for fill
9 material and be designed based upon geotechnical
investigations of the site. The minimum crown width
of the embankment shall be twelve (12) feet.
h. Detention basins shall be designed with adequate
ingress and egress to allow for regular maintenance,
including periodic desalting and debris removal.
Detention basins designed for permanent water
storage must include dewatering faoilitiea to allow
for maintenanco. Detention basins designed to serve
drainsa areas of 320 acres or more must include a
desilting basin in the upstream pool area.
i. Security fencing of a minimum height of six (61)
feet shall encompass the detention storage area if
the velocity, depth, or slopes create a potentially
dangerous condition. The fence shall be designed so
as to allow access for maintenance and so as not to
restrict stormwater flow into or out of the
detention basin.
F. EAS.EMENT&.
In addition to any other provisions of this Code relating to
f j easements for public improvements, the following requirements for
easements for public drainage improvements channels, and
facilities required for any development by this Division shall
applyt i
1. All public drainage systems and facilities which are not
to be included within an existing or proposed public
street right-of-way shall be located within easements to
be dedicated to the City and shall have adequate access
to a public street. Prior to acceptance of any public
drainage faoilitiea, all easements within which the
facilities are located shall be cleared of all
buildings, structures, fences, or other obstacles that
would interfere with access to the easements.
2. Easements for closed drainage systems shall most the
following minimum standards, unless special
circumstances warrant additional or reduced easements,
as determined by the city Engineer:
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Minima M Eaaement wid h
36" and under 15 feet
42" through 54" 20 feet
60" through 66" 25 feet
72" and above 30 feet
3. Where an access road is required adjacent to a channel,
an easement of a minimum width of fifteen feet (15o)
shall be provided.
I ;
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 I
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 flowline "day lights on natural grade. s
6. To provide for maintenance, a drainage easement shall be
provided at least twenty-five feet (251) beyond any
outfall headwall.
0. Qff
All developments regulated by this Code shall be subject to
and comply with any applicable provision of the flood damage {
+I
prevention ordinance, presently codified in Chapter 10-1/2 of the
Code of ordinances, as amended, and the following requirewrntsr
1. Minimum Finished Fleor Minimum finished
floor olevletions for proposed development areas shall be '
eighteen (180) inches above the 100-year flood elevation
based on encroached stream conditions as contained in I
the appropriate flood insurance study. If a one hundred
year water surface elevation for encroached stream
conditions has not been determined by a floo4 insurance X
study, the finished floor elevations in the development j
area shall be eighteen (18") inches above the 100-year
flood elevation based on ultimate watershed development
conditions. E
2• F1Q~lwav and Floodolain Modifi a~in„ ■ e itting, No
3
until the drainage modification plansdhave been reviewed
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and a permit issued by the City Engineer in accordance
with Chapter 10-1/2 of the Code of ordinances, as
amended.
ntt SECTION II. That paragraphs (a) and (b) of section 10 1/2-17
of the Code of ordinances are amended to read as follows:
(a) Residential constrt ion. New construction or
substantial improvement of any residential shall have the owest flor,
including basement, elevated eighteen inches
(18") 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
registered professional engineer, architect, or
f land surveyor shall submit a certification to
the City Engineer, in accordance with section
.10 1/2-14 (a), that the standard of this
subsection is met.
(b) Nonresidential construction, New construction
or substantial improvement of a commercial,
industrial or other nonresidential structure
shall have the lowest floor, including any
basement, elevated eighteen inches (1810) above g
the 100-year water surface elevation based on
encroached stream conditions as shown in the t
appropriate flood insurance study. If the
` flood insurance study does not include the
I property the required 100-year water surface
elevations shall be based on ultimate
development watershed conditions. Attendant
utility and sanitary facilities shall be
flcodproofed so that below the bass flood level
the structure is water tight with walls r
substantially impermeable to the passage of j
water and structural components have the
capability of resisting hydrostatic and
hydrodyna-4c loads and the effects of buoyancy.
A registered professional engineer, architect,
or land surveyor shall submit a certification
to the City Engineer, in accordance with
section 10 1/2-14 (a), that the requirements of
this subsection are met. i
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SECTION III. That if any provision of this ordinance or
application thereof to any person or circumstance is held 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, hereby declares that it would have enacted
such remaining portions despite any such invalidity.
kwivvav; T,Q IV. That any person violating any provision of this
ordinance as it applies to property located within the City of
Denton, shall, upon conviction, be fined a sum not exceeding
$500.00. Each day that a provision of this ordinance is violated
shall constitute a separate and distinct offense.
4
SECTION V._ That this ordinance shall become affective
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-Chroniole, 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.
i
RAY STEPHENS, KAYOR
ATTESTt
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JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORMS
DEBRA A. DRAYOVITCHO CITY ATTORNEY
BYt
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CITY oI mNroM, T<XA; 215E. MCKINNEY1 DENTON, TEXAS 762011 TELEPHONE (817) 5668200
MEMORANDUM
1
DATE: February 6, 1990
k
T0: Rick Svehla, Deputy City Manager
FROM: Jerry Clark, City Engineer
SUBJECT: Drainage Regulations
i
The specifics of the ordinance are covered in the memo to
Planning and Zoning. 1 will briefly outline the review process
and committees (people) who have been involved to date.
1. December 1986
atelsteSoam ta- Request for input at developers meeting
2. June Se tember 1987
E ;
rF ee'se an c o s evelops preliminary regulations with
staff input
3. October 1987
romm ttee o local engineers review, modify regulations
4. November 4 1987
l FTa`n`n ng an oning reviews regulations at study session
S. Late 1987
My -ouncil reviews concepts at study session
6. January 1988
onceptua ordinance presented to developers meeting
1st State Bank $
7. February 1988 - March 1989 t
evfew y sta rom arming, Legal, Utilities, and
Development Review Committee. Criteria Manual Finalized
8. ri_p 1 1989 - November 1989
Rev ew y ra Wage ommTt`tee. Chamber of Commerce
Governmental Affairs Committee including most local and
major developers participants. Committee headed by Jim
Englebrecht of Planning and Zoning Commission
s
9
r.n•.-• Rick Svehla
Drainage Regulations
page 2
9. December 1989
ewr teby Legal to reflect changes in 18
10. Januar 24, 1990
omm ss on approval of Regulations and Criteria
Manual as submitted
Most of the drainage regulations and our existing Drainage
Criteria Manual were developed in the mid 1970's. We feel that
in the last fifteen years many design techniques have been
developed that should be used. Our new manLal emphasizes the
use of computerized techniques for hydrologic and hydraulic
studies.
Please advise if you need further information.
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IA4 PI ann 101 Ind Ianf AI C0@aI II l 0a and the CI IF C0Nnc 11 ~J
Ih al14 Inca Nr a 9a to 11 kl ad 0f to l nk l a 1, HI add ad that he
a 00 r 4 C f A t I d the o0 per tan l ty to ape ak t0 the Ca 0 9 1 s I 10n,
IY. N014 a PNbIto AI u l A0 and Co n l I d I r Aporawl1 00 the 1
Pr I I f Of a dry and If nal ra pl a to of Lo tl I Ind 2, aleck 9.
Ia to lot IA, II 0ek 0, 01 tae Or t l ly I-A rk Ad411f on. 11
Mr. race Oraaenttd the staff Payers (Ittac Aodl. l
IITII104 AI 1111 Col ea n, Ca10 a an and AI14CIat41 1
r e a w4 l cod fa r Or a b I a ac t19a aA t h a re pl a t. K6 of f a r 0 d to
CVl and Per any Oa o A tl l nt as tut the reps lt. r 1
Iv PAVORi nana pr a o Int 11
1
a PPOSI0t none present.
Mr. TOIt stated that the Ooweia0laAt Kowtow Coomttte#
r a C a a l a a 4a ap pr or a 1.
Ch if refresh track ct0aed the yNb11e hasping. !
a
Of CISiON, It woI paved by or. Kmlt, seoendo d by mr,
saa■I", and Ynea Inowsly Capri ad 41.0} to app roll the
pr 11elf Aa r y and fl t al raplatl of 2011 1 Ind I, II a c k 9, 9
Into L a s IA, I1aca 1, of the 0wIIay Park Ad411.1aa {y'
Y. C m a l l dera t l a A S. ,
A. Conti d4r an emandaint t0 the 19h41lII166 44d LIN d
01lIIspot at 040014t10AI aoocePh In I dvaIAa/e.
Mr. Clark reported that the aaeldmest procotl was
bag Ae fa Awiust of if l T. ltk0 the 911A IPdIa 44t0
,
the 0Papoose IRON dean t ash b►1n raw f Owed by the
lawerau mt Affairs 000H ttoo of the Cn1111P If
Commerce. tIShia in Ooatha 1901 1 baIIc uaAdmemt
Irdl44ne4 weI browe hI to the Camel II 1001 for theft
review. Not ofine$ RI To bola hell 01 IN do0111pera
aettnurs, and City staff. A esvlaw committee lids
belief by or. 11111betcht. After I I A ■0AtaI, a I I a a I
ardlAanC1 oil a-ovoid Nola. Ike body of the OOCINGNS
It pretty sock the slot is it wag 12 Olathe 410 40
for s technical ramuief a Ate, Pow hive boom Cheated
free the INI141"1 or IIAaICa Other the4 11 VIII to to
orstict10A to Chim me II and pPII141it for access to
the CA: Am* 11 for Oil A tame heI crave. hlth of tI r I ty
v a 1 01v IA is ke I p I m p as JOr c h I A AI II 109h Al P 0 A 4 A
Crest Ind Cooper Cro OR me tvraI dad from#%Igo the
natiral eto•syotom. We twist to look toward the
I I t v r 4 ant promote ■atAtenanee of 00r natoral
t IV tr 0A 00 nt. v1 4110 N A d 4A 4 A I IK14 P I A I PII104 few
doing it. The fact 11 that matvell Channels poop the
water 4t a almost tots I1161 velocity) of there Is
lost property dipole. The A4tNral channels tend to
keep paapla from bu11dlno right 411N$ site toe
chasnell. People toot to want to 6011d elght we to t
the edge of concrete channel. am* of two Hler
Clmtlelntt in Oantse right Now copcorming drainage f1 1!
toot too merry lots /pal a settle $father $At. There
have lean problems around Northridge 104 ClapOP
IPIme% to/t Ired Ina #arfONI Other pIgo at throw 1PONt
INI CIly. TAI tats Iail the duo way 41 the RIII.
cats at t a 0 b0tt0■ get All the with from 1. hI A10ar
Iota. That aIA CAI to 401 to a b it of damage is IAt
lpldlAg piano hall been installed to fall?► that
water will of that is sot to the street or No more
than two Isea will or41n onto o third.
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PUMP! Pit Minutes
w an wary 14. 1190
Pali 1
Y If there II as 0tAar roa l Ina tIa 101 w tae n. l hundred
y ear Ito r■ II war CIA Of
y fus vie the tack 0t the tat t0
catch water. The street crowms were reduCld 11 port
of A 0 f 0tad tf a at of to de V4 l 004 ra. It el l t as t A I
I tr a its to tarry sere Ca I a C I tY. Tn1 dtel 9A a t 0 r a far
CAannela waI adjua Id to 100 Y A a r free is ya ael.
T A I I 11 to A % I hell wf to alt the at tr a 0111 CI tl a a. wt
Ise aC tfi II lY 1011 ra tr IC tl VI a far 11 ea lnl Inc a tI
01011, end to l a Ia 1111 to l i. we Ire ataY gal with 10
y f ar. A lot of CIt101 have wages del the lr ItIn4lr dl
to 100 year, vh Ich vt f1 a'i II tae ra l tr IC ti wl.
Olvelolers and lnllnaors agree. Another major I uue
It dote At104 ar fa and of f.s ltd rt tut r t■IN ts.
0A-II to dl tan tlon ft where every a a4 that dev rl0aa 1t
retufred to out 1g tA0le own 44t16t10A p0A1. If
everyone del tit 1, all tAat Aeppa MI It that the
vr3 floodln/ 11 del my ed. No real aJoe&II la Ialned.
Sall anal date n tl oa 11 wh art t A I O0A 11 IrI ?
I Ira tf I Ic a 11y IOcIS4A. the 00 A dI Can be loco t 6 A 0 11A {
IA a I9h wag tr l Ia t0 0rav141 1%00al4 . An 4 t14r r 0 A 10a
far ra II anal dl to A tl IA II t 0 1 t t h 0 1 a r I ■o rI colt 7
0r11 tef a t aid ge is to Iola Care el. If there 11 ne
way to coop ro01to wIin the do toIaptr, wa fills I I 1 0 v
I tl ad Ord 0A•II t1 d0 t4Ot10A p 0 A 4 % , cwt th0Y have to If 6
a ■l a l a w4 Of 6a0 aCra, wnICA II a b 0 wt the 11 as of the
amt ah Tea a I a y t1At. the f I A a I 191W0 v01 a0 owl
A avIal t0 lr a vIde of f•a I to d r a l a l l a. It 1s 1
at f f IC 01t I%$uo that Is pretty such covered by Ittte `
and road Pei teo%, The 1 a 0wago tentfrm I A I th1I vas
tnlnltd to be more pratlif. Effects Could net just 9
{
be termed hafefol, It had to be a Chagos IN
ConCoNSrttton or halo. ■taotnl what the willr loots
1111 604 why It 19 to daap.and high.
It. erect toted for more Information shout the Stitt
too Federal rololstloos.
Mr. {fern expIaIAal teat 4raIaal► law 0r0h1111 tI
Imtreallmg dewoltroam esoclotratlen or diverifil
Attar onto t41100sl 1110. No late that the Alit Phil*
Is to Croats a p146401 d4cw6ent that will cover hew
the Hickory Crook vitae ones will be similes. It
sidelight flood tostr►l. latomllvf toots were son*
to floors lot the east hfffelfot fill to Control
/en gage In the HfCkary Creek be IIm yet an f9 llvertl
tR e w s a ma Id 0a r0 al l e 1. 16 110ma1 es 10A t f el w a I !A
4011 014A0r• it C 0 1 t I I I I far Ca a l Ir Oc t l as sae
aIIAtoots 41. One al the solar I$noplot of oil Is
that lethal Chaanols ems strolls its retained.
Regional Amiga ties psodo allow seat floe/plllh to be
reclaimed one allow the flsadway to fuels tiger eel
Oatmeal. $totted dotentfem poods will be
Iden tiflod, attlisl tlenol, Ind tenetrattlan will be
I preteeded to fn eeajoictIsm 11th 1 trslmllf wtltl ty
t tlitrttt. bond Islas, Or teebtlitlan of both. Vitae
auto it taught before it lots to the "Moral
Cnenalt. Am ea ample woola be to pot t items ties pond t
on a branch of Hickory Creek. The dltlntlea paid 7S7
0001d net be el l alt em Hickory Croak. Thera is too 4
I much water there. (Moments ere Amodio for *No
w fends. 14111 Could ad Wild as I orfoo area IN a
Ilvslopmem S. Af. Clare rotloltod approval of the F
u 411 a A C 0 AmeAalml the Subdivision 141w11tleme pad ►f
th► dallm get tlrla toot aeenpala tea arll4amet. 1
The ■aAwt1 will be vial I N oly by fallnfers. me said
twat the left Chagos to 9W A114 retwlrema t1 wee IA d
1911, That wet to Ya e1 age Ind Pallas has 111 a
#almostwe leewte In that p4rled.
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Plt MlA uto I
January Is, 1f 10
s.r.+ Page I
Mr. Kim@$g I I k 4d whether the City's Power to c$As@MA
far a/f•llt4 da ten tl on ■auld le Yell 1a a last rslert
/r If It would faros derelelgra.
Mr, Clerk okId that it would 11 a III; resort. A tat 1
of dllcv{item Is r0luI red to to ter a I n 4 t h 1 6met
I0 lltn 0Or er0r10AI Ind what II eelt rl a s anA►I e.
T00 C1ty wOYld Ilk Itr In Ulemont lef Ora t I k l elf '
0 th Ir is 411 ac t l On. The Ctty Council Vivid be
COO{wl led la fare c0 mesa", lets, '
Nr, In IIIIrat Mt Its tad I h a t he fA 111 c00 for to bee wl th
t"a review hocaw{A Of the inpwt from staff Ind ,
d, ve l 4 pI r t, NO c0u0n d 4d Mr. Role t n{ and Me. Clark '
for the lr offer tl. (very the trio J SO were out
pr 011 ae I. she er mina nca w41 ■a I I I d to p0epee omd
ten to me one hot come to the ■am tIAy, to IF
mYlt be
ta010rIab10 wlth the docualnt. it fa ferwgre
4
thiaklml to take Into account the be II knowIag10 '
total 4r41na/1. On•Iit1 detlnN en jilt dal Its the
f l t r, water loops off and end{ Y► downstream
anyway. The new sy,tae of II of f.lot toll pro bIas but
v111 hl larder to fund. Caere In A ti an ■111 be
required 41061 Nlckery Crook.
M/. Trask eked now Muth developers per aIaIpagod In
the rerllw prOcmea.
Mr, Inlollrocht Ia 14 that there were At 1a 41t seven
developers that were actively Involved, They would
lend in ;01,1111. The C016e110*6 (Oferamist Affdlrs
Cemmlttte reviewed the ordimaata. Malllnfs were sent
to Interested people whether they ails: did maltihgo w I
or AOt. TAO moelfAf 4-040 441 full. TAI developers dP I
did 111.0 Objections. Those were Aeemored sot, They i
were mail It the final draft of the ordlnmocl lme i!p
Invited to attend tamIght's digital. MI calls or
little$ Aare been recllvlt.
1 MI. Speck 4APre114d appreciation for the wort of the
drainage coell%too.
Mr. dlamiceck moved to rltaamond approval of the
ame"dalht 644 de a IA a fl minuet. Islands* It Mr.
f Infalbrlchl am6 woanimodIIy carried 11.01.
,
1. Cam$(der removal Of protattaI testa for Alexander
street dpIIaaof IOPrev utnts.
Mr. Clark *tAt4d that $*worst IPIOPI hive P11111d
j 4061godIa Fesl~ltemyae n Is felI:!I a elect timeeWhich
i mad teats. Property owners Mart teen the plate I m d
hlvI n6 11jat11 on to the less re409e16, There (1 1
potan trot that the parts Dopirtmomt may try to d
move. This II an Important project for the
nelgA1erA10l. toe deallo doll live Seem aisle teals.
Mr. IAltibro;ht asked If the trot will es left im the 1
r area If It Is posting.
Mr. Clark laid that it would be moved to Fred Meor$
Peek.
As. Ireck solid Nov 1af-f0 the Polls trot Is.
k
pp. Test laid that it his a 10 Or Is Inch diameter.
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DATE: 2/20/90
CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
Y
SUBJECT: FINAL PLAT OF AUDRA MEADOWS, PHASE 2, BEING A REPLAT OP LOT 270
y
BLOCK A
RECOMMENDATIONS
1S,
The Planning and Zoning Commission recommended approval by a vote of
7 to 0 at its February 14, 1990 meeting.
SUMMARY:
This is a 3.466 acre tract located immediately south of Audra Lane,
west of Loop 288 and east of Mockingbird Lane and shown in the
M.E.P. i P.R.R. Survey, Abstract No. 927.
BACKGROUND:
the property is zoned Planned Development (PD 83), and single family
residential development is anticipated.
City services and facilities, including water, gas, sanitary sewer,
telephone, electrical, and solid waste, are available.
The plat conforms to the minimum requirements of the Denton
Subdivision and Land Development Regulations.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
N/A
FISCAL IMPACT:
None
4Ref 1 1,s tedt
Prepared b Harrell
ry C f City Manager
VVV
0. Owen Yost, ASL
Urban Planner
I
" Approve L
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Prank H. Robbins, AICP
Executive Director
Planning and Development E
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ATTACHMENT 1
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AUDRA MEADOWS Phase Two
NORT
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a
R ~~GD a0 `R.R' JOAK 01000
µ ~ J•TAT00
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CAN
AUDRA p R
rt•r n, ~ 3
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. 425
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~1a supK AC KINNEY
•CALA 1~ON1Z DATO Z ' r?+40
t ATTACHMENT 2
DRA , .
MEADOWS, -phase twa
M.1 114' ~ nOY t~ My A Ynw ~ .may l,~ t
LIJ®14.p p 1y1,
AVDRA 0 61 • U' 717 .6]' LAW
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FIRST STATE BANK OF DENTON
101 SOUTH LOCUST
DENTON, TEXAS 78201
18171 382-5121
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Minutes
PLANNING AND ZONING COMMISSION
February 140 1990
The regular meeting of the Planning and zoning Commission of
the City of Denton, Texas, was held on Wednesday, February le,
1990, at 5:00 p.m. at the Municipal Building, 215 E. McKinney.
1i
Present: Euline Brock, Jim Engelbrecht, Ivan Glasscock, Judd
Holt, William Kamman, Etha Kiker, and Fran Morgan
Present from Staff: Lloyd Harrell, City Manager: Frank
Robbins, Executive Director for Planning and Developments 1
Elizabeth Evans, Planning Administrator; Owen Yost, Urban
Planners Jane Brady, Urban Planners David Salmon,
Engineering; Lee Allison, Water/Wastewater; Renee Baker,
Water/Wastewaters Joe Morrie, Assistant City Attorneys
Cecile Carson, Administrative Analysts Joe Thompson,
Airport Managers and Olivia Carson, Clerk-Typist
REGULAR SESSION 1
IV. Hold a public hearing and consider the final plat of
Audra Meadows, Phase 2; being a replat of Lot 27, Block A.
Mr. Yost presented the staff report (attached).
IN FAVORS none present.
OPPOSED: none present.
Mr. Glasscock moved to recommend approval of the final
plat of Audra Meadows, Phase 2; being a replat of Lot 27, I
Block A. Seconded by Mr. Engelbrecht and unanimously
j carried 17-0).
2117x
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ATTACHMENT TO THE MINUTES
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DATEt 02/14/90
PLANNING AND ZONING COMMISSION REPORT FORMAT 1
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TO: Planning and Zoning Commission
FROMt G. Owen Yost, Urban Planner
'I SUBJECTi FINAL PLAT OF AUDRA MEADOWS, PHASE 2, BEING A REPLAT OF LOT 270
BLOCK A.
{
I
RECOMMENDATIONt
i
The Development Review Committee recommends; approval. a
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9
UM Ys r
This is a 3.464 acre tract looated immediately south of Audrs Lane,
West of Loop 266 and east of Mockingbird Lane and shown in the
H.E.Ps i P.R.R. Surveys Abstract No. 927.
SACXGROUNDt
The property is zoned Planned Development IPD 83}, and residential
development is anticipated.
` City services and facilities, including water, gas, sanitary sewer,
telephone, electrical, and solid waste, are available. Minor 1
corrections are currently being made to the construction plans,
These will be finalized and reviewed by the time this item is
reviewed by the City Council.
The plot conforms to the minimum requirements of tt.e Denton
` Subdivision and Land Development Regulations.
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NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT
FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City has solicited, received and tabulated
competitive bids for the purchase of necessary materials, equip-
meet, supplies or services in accordance with the procedures of y
state law and City ordinances; and
WHEREAS, the City Manager or a designated employee has
reviewed and recommended that the herein described bids are
tor t
lowest responsible bids for the materials, equipment, supplies
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
herein; NOW, THEREFORE, U
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the numbered items or the following nuinet.
bide or ma erials, equipment, supplies,
"Bid Proposals" on file in the Office of the City's 'Purchasing
Aent filed hereby accepted and according approved h as being number r lowest n responsible bids
for such items:
s
BID ITEM
NLMBER NO VENDOR AMOUN'P
NO.
S 10.537.00
kl~
IOSR _1_ x, ucyn rv,r,ry
RLEMENT DODGE $ 33.117.00
1058 3
1058 1 BILL UTTER FORD -$---16L~9MLK
1060 _ 1-7 RFB AND ASSOCIATES
~S 66.821.00
1060 8-14 MOTOROLA $-~0~
1060 15 HORIZON COMM.
1060 16-19 MOTOROLA S 4.692.?..
S _ 167I.09
1060 20-21 COMQUIP _
1063 ALL GTE S 104.401.10. {
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SECTION II. That by the acceptance and approval of the above
numb ere tems 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 1
accordance with the terms, specifications, standards quantities
and for the specified sums contained in the Bid Invitations, Bid
Proposals, and relates: documents. r
SECTION III. That should the City and persons submitting ti 1
approve an accepted items and of the submitted bids wish to
enter into a formal written agreement as a result of the a
acceptance, approval, and awarding of the bids, the City Manager
or his designated representative is hereby authorized to execute
the written contract which shall be attached hereto; provided that
the written contract is in accordance with the terms, conditions
specifications, standards, quantities and specified sums contained
in the Bid Proposal and related bid documents herein approved and a'
accepted.
SECTION IV. That by the acceptance and approval of the above
numbered it ms of trio submitted bids the City Council hereby
authorizes the expenditure of funds therefor in the amount and in
accordance with the approved bids or pursuant to a written
contract made pursuant thereto as authorized herein.
SECTION V. That this ordinance shall become effective
immediately upon its passage and approval.
T'1 PASSED AND APPROVED this day of 1990.
i
RAY STEPHEN'So MAYOR
ATTEST:
I y
ENNIhER WALTERS, CITY R TARP
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY:
PAGE TWO
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DATE: FEBRUARY 20, 1990
CITY COUNCIL REPORT
T0: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
¢a
SUBJECTS BID# 1058 - PICKUP AND TRUCKS
RECOMMENDATION: We recommend this bid be awarded to the lowest
bidder for each item.
M
1) (1)-1/2 Ton Pickup Klement Dodge in the amount of j
$10,537.00 = $10,537.00
2) M-3/4 Ton Pickup Klement Dodge in the amount of
$11,039.00 2 $33,117.00
3) (1)-20000 lb GVW Bill Utter Ford in the amount of
$16,440.00 ~$-1•6,440.00
$60,094.00
SUMMARY: This bid is for the purchase of vehicles for the Park
Department, Solid Waste Department, and Electric Utility
Department. These units are fleet additions approved during the
budget process.
BACKGROUND: Tabulation Sheet
PROGRAMS DEPARTMENT OR GROUPS AFFECTEDt Parka Department,
Commercial Solid Waste, an Electric Distribution.
FISCAL IMPACT! These vehicles will be purchased from budget
funds for Parks and Solid Waste. Motor Pool and budget funds
will combine for the purchase of the large truck for Electric
Distribution.
Respec lly $ub i ted:
rell
City Manager
Pr
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
Name: Tom D, Shaw, C.P.M.
Title: Purchasing Agent
026.DOC
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DATE: FEBRUARY 20, 1990
CITY COUNCIL REPORT
T0: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID# 1063 - FIBER OPTICS
RECOMMENDATION: we recommend this bid be awarded to the lowest
bidder GTE (Option 1), in the amount of $104,401.10.
SUMMARY: This bid is for the purchase of fiber optic cable and
the associated splices, connectors, and etc., necessary for r
installation. The bid is for materials and supplies only since
labor and installation is being supplied by the City of Denton.
The delivery schedule quoted needs to be improved. We are
working with GTE to accomplish the desired delivery dates.
r
BACKGROUND: Tabulation Sheet
a
PROGRAMS, DEPARTMENT OR GROUPS AFFECTED: This purchase will
affect all areas of the City of Denton as an organization and
% its citizens.
FISCAL IMPACT: Funds for the purchase will be taken from the
Certif Cates of Obligation, sold for the purpose of financing
the new telephone system.
Respec Sl/y/sub teds
v
Lloy . Harrell
City Manager
Prepared by:
LIZ~~-
Names Tom D. Shaw, C.P.M,
Title: Purchasing Agent }
Ap roved S
4
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
s
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DATE: FEBRUARY 20, 1990
CITY COUNCIL REPORT
T0j Mayor and Members of the City Council
FROMt Lloyd V, Harrell, City Manager
SUBJECTi BID #1060 - ALPHANUMERIC PAGING SYSTEM
RECOMMENDATIONS We recommend this bid be awarded to the lowest
and beat bid for each item as listed,
Item 1 - 7 to RFB and Associates $11,495.00
Item 8 -14 to Motorola 66,821,00
Item 15 to Horizon Comm. 895.00
Item 16 -19 to Motorola 41692.25
Item 20 -21 to Comquip 1 671.00
TOTAL AWARD 85,576.25
SUMMARY: This bid is for the purchase of an alphanumeric paging
system. This system is a fully automatic telephone
interconnected radio paging control center. It includes the
capability of voice, tone alert or numeric display paging, This
system will enable a central locati.)n or individual remote
locations to "page" 103 Utility employees and 72 Fire Department
personnel, Rented pagers now in usj by City employees will be
returned and exchanged for our in-souse system.
Please note the price variance on item #9. The lower price
offered by Comquip is for a Phillips Pager that is not on the
market yet, and will not be a•iailable until July, 1990. It does
not offer the printer option and is powered by AAA batteries,
not the rechargeable nickel cadium battery or mercury battery
required in our specifications,
BACKGROUND: Tabulation Sheet, Memorandum Dated February 12,
1490 to R.E. Nelson,
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Hid# 1069 - Alphanumeric Paging System
Page 2 of 2
February 20, 1990
FISCAL IMPACTS Item 8 will be funded by the Fire Department 4
from budget funds. The balance will be funded by the Utility
Department and they will offer an in-house rental program for fi
those departments without capital funds, but requiring paging
capabilities.
Respectf y so mi ds
I
Lloyd V. Harrell
City Manager
Pr ared ~py~t ~I
Names Tom D. Shaw, C.P.M.
Titles Purchasing Agent
ADD oved r
Names Tom D. Shaw, C.P.M.
Titles Purchasing Agent
;i
026.DOC
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CITYof DENTON MUNICIPAL UTILITIES / 901 -ATexas Street / Dentan,Tx76201
1
MEMORANDUM I
TO: R.E. Nelson, Executive Director of Utilities
FROM: Don Byrd, Foreman, Communications Division
DATES February 12, 1990 r,
SUBJECT: ALPHANUMERIC PAGING SYSTEM
x
On February 1, 1990 at 2:00 p.m., sealed bid prop03a18 were
opened for the City of Denton's Alphanumeric Paging System. The
proposal consists of 23 items as listed on Page 2. Each of the ?
low bid items do meet the minimum requirement of the City's
specifications in the bid proposal. All items, bids, prices and
vendor names are listed on Page 3. I recommend purchasing the
low bid items as listed on Page 4. r
The following vendors placed bids with the City of Denton on the
Alphanumeric Paging Systems
Ken Lawler Harold Simpson Chuck Bejcek
Unipage, Inc. Motorola Comquip, Inc. q
1509 Falcon 3320 Beltline Rd. 2815 Valley View
Desoto, TX. 75115 Dallas, TX. 75234 Dallas, Tx, 75234
i
Ted R. Faust Diana Lavcock
RJB & Associates, Inc. Horizon Comm. Saes
P.O. Box 50291 P.O. Box 1000
Denton, TX. 76201 Rowlett, Tx. 75088
Respectfully, r
~ ~ Don Syr~~ 1
1 Foreman t
DBstn
02120058
F
cos Ernie Tullos, Director of Electric Utilities
Ray D. Wells, Superintendent of
Metering/Substatione/Communications
„tom Shaw, Assistant Purchasing Agent
,
02120058
R!
BID NUMBER 1060 BID PROPOSALS Page 2 of
CM2 of &WAIN Fevre Iota Tam af.
tiMuisaOeandvmd Ow"R. TOM reset
> ITEM OE"PTION OUAN. PRICE AMOUNT
Part
MO. PAGING SYST
ti
1. M15 Model 15 CPU Unit 1
2. CH Channel Control Interface 1 j
3. FK Telephone Numeric Interface 2 1
4. V98 Voice Prompt 1
S. IX Expansion Port (2 Alpha I/0) 1
6. S1f Console Software I
` 7. AM Alpha Input Modems 300 by/s 2
B. PACERS Motorola Minitor II Posers 72
9. PAGERS System Compatible Posers 103
r
RF EQUIPMENT
10. C731ZB1106 Motorola Pure Posing Term. 1 s
11. C664 Monitor Receiver I
12. ANTENNA Base Station Antenna I
13. HARNESS Antenna Harness
14. MI9C Coaxial Cable, Conn., Ito. 1
y
TEST EQUIPMENT 1
I
15. IFR MOD 111A Universal Generator /MODEL 300 1
16. RTL 100SA Mot Radiation test Fixture 1
17. ADAPTOR Test Fixture Adapter 4
18. SW Pros. Sftw. Per Poser Family 4
19. HOUSING Alignment Housing 4
ALPHAMUlfERIC TAAKWk
20. NOT TIAN Motorola Alphamate terminal 4
21. 9FTN PC Beep Software I
t
TOTALS
WT e)tvMe Nn slew le b dsawiM a OaMev~, Tans Mms~ssik ae bs mode In I,' deye Nom NNW of "W. Terms "M
unfsls e+aslwm rwnNeo.
In VA"Ofle+E (Ae above W. Me rendm aeless M seese mw of any « m bw mm by UIe Cllr o1 omw. Tesee pio* s
wsaauU PlAw of ON owof w a eenbaeL TM oonpNlsd w Proeosel "M be P sorb tMess M«Id one o1wI
Q3p
Mailing Address Bidder
i
City State Zip Signature
Telephone ---TftTo-
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t CITY OF DENTON
Page 3
ALPHANUMERIC PAGING SYSTEM
Paging Terminal
Item 1 thru 7 1111ffff
1. Motorola $16.940.00 1
2. Unicape inc. $111900.00 l
3. RJB 8 Assoc. $11,495.00 Low Bid
M1nitOr Pagers 72 ea
Item 8
1. Motorola $22,752.00 Singls Bid
Compatible Pagers 103 ea J
Item 9
i. Motorola $39.346.50 Item 9
2. Unicage $25.647.00 Item 9 NOTE 1
RF Eouipment
Item 10 thru 14
1. Motorola $4.722.50 Single Bid
Universal Generator
Item 15
1. Motorola - $1,093.00
2. Horizon Comm. $395.00 Low Bid
Pager Test Equip
Item i6 thru 19
1. Motorola $4,694,25 Single Bid '
Alohanumeric Terminal
j Item 20
1. Motorola $1,782.00
2. Comquio $14.196.00 Low 810
PC Beep Sottware--------------------------•---------------------
ttem 21
1, Motorola $200.00 Low Bid NOTE 2
2. Comqulo $275.00
Modity GE Repeater
{ Item 22 6 23
r No Bide
[Item 22 d 231
Total low bids $85,676.25
NOTE 1 Papers not on market,
~ c
NOTE 2 Does not meet specifications.
..std".
i
CITY OF DENTON Page 4
LOW BID TOTAL
{ vENDOR ALPHANUMERIC PAGING SYSTEM
OAGING SYSTEM
Item 1 thru 7 1
RJB 8 ASSOCIATES $11,495.U0
Low Bid - -
- - Minitor II Pagers
Item a
Motorola Comm $22,752.00
Single Bid
-System-Comcatible-Pagers
Item 9
Motorola Note 1 ------6.50
Equipment--------
Item 10 thru 14
Motorola $4,722,50
Single Bid--------------------------------------------
I UniversalGenerator
-
Item 16
oll Bid d COmm-
-$895_00---
Low
Pager Test Eoutp,
L -
Item 16 thru 19
Motorola Comm. $4,894.25
Single bid
i Alohanumerlc-Terminal_
i
Item 20
COMQUip $1,396,00 gt
j Low Bid
111
PC Beep Software
l #
i
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Low Bid $275.00
Low Bd
i
Total LOW Bid $86,676,26
}
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2651L-3/3684
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NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE
AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City has solicited received and tabulated
competitive bids for the construction of public works or
improvements in accordance with the procedures of state law and
City ordinances; and
WHEREAS, the City Manager or a designated employee has
received and recommended that the herein described bids are the
lowest responsible bids for the construction of the public works
or improvements described in the bid invitation, bid proposals
and plans and specifications therefore; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: j
F
SECTION I. That the following competitive bids for the
construcon o7 public works or improvements, as described in tho
"Bid Invitations', "Hid 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 I
approved as being the lowest responsible bids:
BID NUIBER CONTRACTOR AMOUNT
1061 _ FLOY_D GLEN SMTT9
a
SECTION II. That the acceptance and approval of the above
compet t ve`B ffs 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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7 7r_-71
F',
to Bidders including the timely execution of a written contract
and furnishing of performance and payment bonds, after notifi-
cation of the award of the bid.
SECTION 111. That the City Manager is hereby authorized to
execute a neceasary 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 sppeecifying the
terms, conditions, plans and specifications, standards, quantities
and specified sums contained therein.
SECTION IV. That upon acceptance and approval of the above
compet t ve Tds 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 a6
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.
KAY STEPRENSj MAYOR
ATTEST:
JENNIFER WAETFAM, CITY SECRETARY
f
APPROVED AS TO LEGAL FORM:
r DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY: i
E
PAGE 2
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2900L
ORDINANCE NO.
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.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the Mayor is hereby authorized to execute
an agreementbeetween th3 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, under the terms
and conditions contained in the agreement, a copy of which is at-
tacked hereto and made a part hereof.
SECTION II. That the City Council hereby authorizes the
expen turd a of~unds not to exceed Eleven Thousand One Hundred
Fifty-Eight ($11,158.00) Dollars.
9
SECTION III. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of ,
1990.
i
KAY s
i
ATTEST :
JENNIFER WALTERS, CITY SECRETARY
BY.
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
i
BY:
I
YtY+ „M
1111
DATE: FEBRUARY 20, 1990
f
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CITY COUNCIL REPORT
T0: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: PURCHASE ORDER #94969 - LONE STAR GAS
RECOMMENDATION: We recommend this Purchase Order Number 94969 e
be approved in the amount of $11,156.00.
SUMMARY: This Purchase order is for the installation of 2500
feet of natural gas pipeline to service Fire Station #5. The
tfor a
standard contract Lone calls
welve
months of service.
BACKGROUND: Purchase order #94969: Lone Star Gas Piping
Con~.ract.
PROGRAMS, DEPARTMENT OR GROUPS AFFECTED: Fire Station #5
FISCAL IMPACT: Funds for this purchase are included IA the
construction cost of ire Station #5, Account
#433-006-0050-9106.
Respect ly eyb3mi,,tyed
Lloyd V. Harrell
City Manager
Prepared by:
Name haw, C.P.M.
Title: Purchasing Agent
Approved
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
026.DOC
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r CASH DEPOSIT GAS PIPING CONTRACT
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THIS AGREEMENT WITNESSETH, that LONE STAR GAS COMPANY (hereinafter called "COMPANY', area
CITY OF DENTON
(hereinafter called' APPLICANT) or 215 E. MCKINNEY, DENTON, TX.
County, Texas, in consideration of these premises and of other valuable Consideration he•toy acknowledged. do agree as follows
'°v Wale (t) Thal Company will extend its gas piping as foliaws
In Payne Drive from Crectmeadow to Bonnie Brae, in the City of
Denton, Denton County, Texas.
a total distance of 2500 feet (Ind piping and any nedessary appurtenances are hereinafter referred to as
PROJECT') The route of said gas piping is shown ice Exhibit 'A" hereto anecned AV rarebit made a pen hares.
(2) Without any right fo refund except solely as provided in paragraph (31 Mreof, Appicant will pay to Company I
f 11.158.00 in advance isa.c amount bung the net amount for said p'dilei
F (3) For the first twelve 112) months only for which gas D14 have been incurred end paid, Company agrees to refund to Applicant
I S 3.42 for each MO of gas consumed by customers directly Connected to the piping installed hereunder }
provided however, no refund shall accrue for any gas consumed shot the term or this Agreement set out below. if a gee eohaumsr has na
Dann Connac!ed to Company's system fa a sufficient time to love incurred twelve (12) monthly bills within the three (3) year Contract tern,
the yearly, net gas bin for the purpoee Of compulatlon of the additional refund provided in the preceding eeMence of this paragraph. Imae all ,
' afimmed by Company „h (nee basis of Information himishad by the Consumer covering consumer's Oparatlone and o0malad annual gas
_ caneumption.
(4) It IS expressly agreed and uncle, stood lho the aggregate of eel refunds lmreundsr shall flavor exceed the sigmas amount of we
COW80. his understcad that no refund or repayment wul be made for any consumer not connected directly w line Proiacl eowred by this
contrail and aher this expiration of the three 131 year cenlracf term no further refunds or repsyni stall be made by Company to ApMosini
(S) The Company's obligation toconstrud the gas piping provided for herein will be carried out with all restorable expedsion. subject
' to applicable lava, rules and regulations of governmental Authorities and to any delay occ3s,O(1e4 by fora majeurs at events Or cona,lona
of whatsoever nature reasonably beyond Company's control
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l (8) Company shalt not Do obligated to commence the Construction heroin si ea or to continue such construction after a has coi
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menced. unless and until is) Applicant has caused IM rightaf.way !or tht protect to be clearly slaked on the ground by it registered engineer. i
tbl such right-of•way has been reduced to final grace and cleared of all Dbstructrona of any kind and. (c) ell necessary right-olhway has Dean
furnished Company free of charge on Company's standard form of easement if over private Property or through A dedicated utihlies eesemont
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(7) In the event any pavement. sidewalks or other obstructions are Constructed along or across the roole of the mains provided for
Partin. Subsequent to the dale of the survey on which exponses inewfred hereunder are based And prow to sixty 108) days after the ante of 1
this CrMINd. and which construction will result in an iACreese in Cost to Company in the construction of the mains provided fir herein Com•
pany may at its option. cancer this contract end neither party shalt thereafter have any oohgalon. hereunder, other osn Company's obi gat on
to refund Applicants deposit without interest
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(8) Applicant understands that Company shall not be ootigaled Or requred m construct the Project contemplated by INS agreement
in advance of end prior to Of Construction of piping Coveted Dy contracts and authorizations wnicn wen Solved No by Company plot to
i
the date at Ilia Agreement, or piping required w of constructed by Ins provisions at Company's IranCmle of construction required to maintain t
existing service, i
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t (9) 141410lard pipn9 including appurtenances. connections thereto and extensions Prefect, and including the right to up. moral*
and maintain Same. shin forever to and remain exclusively and unconditionally v sled in Company, its sucdeltars and SMIAS. i
n.,...
ldnV fail jrAVEa6E) 3117
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I10) ItWa contract U not executed and returned by Applicant with hie cheek in the amount stipulated in paragraph (21 within thirty I
(30) den of tla effective data. Company may. by written notice to Appk&K shad so canoe! this omiact
a
This aorta ,s deemed eheetive this day of 119___, and than remain in 81W for a term of 9
Owes (3) ywa with Rich term commencing on the day of tp_,
tlw~ APPLICANT CITY OF DENTON
C/o JOHN COOK LONE STAp GAS COMPANY
By
TAU TAU
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FORM jee-! e/e!~
M.R. • 1-A4 v
LONE STAR GAS COMPANY
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Ouuk%C/L Sketch of PoPoind
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LOCATION-- .~E,cl7
o or ro.M► CO. No, /04 Rpio°: ~1S9roB v
TOWN PLANT A ER/RR N0. _ 9 Q )
rilohMn Mrr kw.+tre+hJ - ~7C?~ I C3 f T r'1 - -
SCHOOL DIST. MAP SHEET NO.G1 / S
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DWRIOU"ON PLAN" r
ABANDONED AETUANED TO PK LATION
WAREHOUSE OrWr4l ER No. or Deb of InbNetion for n taco ont wrd
_Mn Kl nd Feet Biro Kind fwt oet
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2517L/1589 fi
F NO.
AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A
`
CONTRACT BETWEEN THE CITY OF DENTON AND SUNMOUNT CORPORATION;
L; "D PROVIDING AN
CT PRI
; 1
PROVIDING FOR AN INCREASE IN THE CONTRA
EFFECTIVE DATE.
WHEREAS, on MAY 2 1 8 , the City awarded a contract for ;
the construction o certa n mprovements Co SQN4t? aunt? a-d 1
PAVING 6 DRAINAGE SIDEWALKS in the amount of ; 4i.9t0.00
WHEREAS, the City Manager having recommended to the Council
that a change order be authorized to amend such contract with
respect to the scope and price and said change order being in
compliance with the requirements of Chapter 252 of the Local J
Government Code; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DENTON:
SECTION I. That the change order to the contract between the
City and SUNMOUNT CORPORATIO , a copy of which is
attached hereto,- In the amount o TE[
fiA
a
r Is
AND FIFTY 100 O ars 6'
ere by approve an t e expen tore of funds there or Is ereby
authorized.
SECTION II. That this ordinance shall become effective t
imme ate y upon its passage and approval.
PASSED AND APPROVED this the day of . 1990.
KAY 0
1
ATTEST: y
z
JENNIFER WAT ER , I RE AR
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY }
BY: '
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CITY 0/DENTON, TsXAi 215 F. f14cKfNNEYlDENTON, TEXAS 782011 TFLEPffONF(817)W"200 1
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MEMORANDUM
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S.
DATE: January 31, 1990 }
TO: Rick Svehla, Deputy City Manager
PROM: Danny Beckham, Project inspector JJ
SUBJECT: OVERVIEW OF BONNIE BRAE PAVING AND DRAINAGE AND BONNIE BRAE SIDEWALK 1
In May, 1989, a contract was awarded to Sunmonnt Corporation of Justin, Texas
for the construction of Bonnie Brae Paving and Drainage and Bonnie Brae
Sidewalk. The original contract price for the paving and drainage section was
$1,424,410.25 and $93,520.00 for the sidewalk contract. A total of 130
! working days was allotted for both projects,
r ~ Construction work began on June 50 1989, Work proceeded until punch i
items were completed on January 5, 1990. A total of 120 working days were
used to complete this project.
A list of overages and reductions are as follows:
r r 1
=ti PAVING AND DRAINAGE SECTION
ITEM DESCRIPTION OL_EA REDUCTIONS I
I
3-B Remove concrete curb and gutter S 360.50 $
3-C Remove concrete driveway and sidewalk
67.56
r 3.3 Unclassified excavation 11600.00
4.6-8 6' lime subgrade 320.49
i
406-A Type 'A' hydrated lime slurry 60695.00
597-8 4 1/2' asphalt pavement (type 'A') 53,05
5.7-A 2' asphalt pavement (type 'A') 375,00
5.7-C 1 1/2' asphalt pavement (type 'D') 30438.78
5.7-D 2' asphalt Eavemeat (type 'D' patch material) 586,80
862-A Concrete curb and gutter 1,165.00
owl
d
q Rick Svehla
January 31, 1990
Page 2
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PAVING AND DRAINAGE SECTION
(Continued)
;i
ITEM DESCRIPTION OVER REDUCTIONS
I
7.4.5 Class 'A' concrete 15,275.00
SP-3 Reinforcing steel 1,774.00
8.3-B 6' concrete driveway 4,563.00
5.8-A.2 6' colored and textured concrete flatwork 10710.00
SP-40.A Rebuilt 11' inlet 400.00 z
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8.11-A Meta] beam guard fence 1,694.00
5.8-A,1 6' concrete flatwork 960.00
SP-15.8 Adjust manhole 500.00
SP-15.A Adjust valves 750.00
SP-2 Saw cut 5.00
1
3.7 Compacted fill 458.15
SP-41 Relocate fire hydrant 30040
SP-21 French drain 300576.00
4.5 Flex base material for driveways 337,50
2612.3-A 15' RCP storm sewer 780,00
2,12.3-B 18' RCP storm sewer 68600 !
i' 2.12,3-C 24' RCP storm sewer 2,754.00
2.12.3-E 30' RCP storm sewer 720.00
2.1263-F 36' RCP storm sewer
280.00
2.1263-G 42' RCP storm sewer 800.00
2.120-8 15' class IV storm sewer 798.00
2.12.3-I 24' class IV storm sewer 348.00
2.12.3-R 18' class IV storm sewer 46.00
7.6.A-7 6' curb inlet 2,600.00
7.6.A-9 10' curb inlet 11500.00
764.x.10 6' special ty,:e 11 inlet 3,200.00
2.11.5 Inlet frame and cover 70.00
8P-l1 Ereak into existing concrete structure 300.00
8.12 Aluminum hand rail 2,]30.00
1
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Rick Svehla
January 31, 1990
~h Page 3
PAVING AND DRAINAGE SECTION
(Continued)
ITEM DESCRIPTION OVER REDUCTIONS
SP-40E Rebuild grate inlet 500.00
2.12.3-N 8' x 2' box culvert 20000.00 J
SP-27 Service line adjustments 500.00 1
SP-43.B Rebuild pipe rail fence 475.00
r
TOTAL LINE ITEMS $461531.48 $47,922.35
SIDEWALK SECTION
ITEM DESCRIPTION OVER REDUCTIONS
8.7 Class 'A' concrete retaining wall $ 1,173.00 $
8.15 Concrete rip-rap 1,807.57
8.3-A 4' concrete sidewalk 1,746.45
3.9 Sod 480600
SP-43.A Rebuild wire fence 774.00
I
TOTAL $ 3,399.45 $ 2,581.57
During the construction of this project, the following extra work was 2 '
completed:
1. Relayed 260 LF of existing 24' RCP Storm sewer in order to allow
drainage of the Skaggs shopping center parking lot on the east side!
The price was $15.70 per foot for a total of $4,082.00.
2. Moved light pole south of 380. This pole was a parking lot light for
the Skaggs parking area at University and Bonnie Brae. The light was
found to be in line with the new curb at this location causing the pole 1
to be moved back about five feet. Cost for this item was $1,000
complete.
4 3. Tie back straps for head wall at 8' x 6' box culvert. Tie back straps
were found to be needed to support the tail headwalls at this
I~ location. Total cost for the tie back straps was $840.00.
4. Saw cut for traffic signal sensors. By using the general contractor
for this work. The intersection at 3onnie Brae and University was
! opened much sooner at a cost of $1.50 per foot. Total cost for saw {
cutting for traffic signal sensors was $1,300.50. $!1
`l Total cost for the extra work shown above was in the amount of $7,222.50. j
9
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f.r,.. Rick Svehla
f January 31, 1990 l
Page 4
The City Council approved the extra channel work between Payne Drive and
Bonnie Brae for the amount of $6,000. The original contract amount was
adjusted from $1,424,410.25 to the new contract amount of $1,430,410.25 to
reflect this extra work.
a
Change order number one was submitted on November 8, 1989 to cover additional
rock excavation needed to install storm sewer lines, X, W, T, M, C, and B.
This change order increased the total contract price to the amount of
$1,515,320.25. t
}
Including the extra work listed above, the total cost of Bonnie Brae Paving
and Drainage will be $1#522,151.88, This reflects an overage of $5,831.63 or
0.3821.
The Bonnie Brae sidewalk project total was 594,337.88. This reflects an
overage of $817.88 or 0.8651.
i
This project is functioning well and we recommend final acceptance and final
payment in the amount of $152,815.19 for the paving and drainage section and w
$9,433.79 for the sidewalk section.
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Danny Bec am
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rentoutcnt, tsrlltnre rots rARIM, ►A111111
71f/iR!.n7H11, n/IN nr11f0 4)4-2520
Cn2t++^^~t++'1 blvlnlur~ 1111/510-0191
U11111t n~patlntrtt 112/S10-1491
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ratlodtcel eltle+ato Ito$ F Final rltiod 12-2.5-89 19 01-18-90
contraclot SUNNOUNT CORPORATION Add1en P.O. BOX 17709 ROANOKE, TX 76262 f
h OJse! BONNIE BRAE SIDEWALK estimated cvnttaak trop 1930520.00
Bid Ito, 9977 I,a, tot 90136
110. conttset Notlt osyl -„130 boys 0e1d 120
Account u0. 434-002-SB85-8510-9105
Unit aiinFitt t)uan kT Yeiu1
' oescntrrlatr or Ilonlt of oil?Inat completed Unit of cnwrlob
item I 11881ate estimate to Dale 11111 tlork
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Unit Quantity Quantity Value
DESCRIPTION OF WORK of Original Completed Unit of Completed
Item 1 Measure Estimate To Date Price Work
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The undersigned Contractor certifies that all work, including materials
and equipment on handy covered by this periodical Payment has been
ecmpleted or delivered in accordance with tM Contract Documents, that all
amounts have been paid by him for work$ materialsp and equipment for which
previous Periodical Payments were issued and received fro the Owner# and
that current payment sho"n hereto is now dust
I
conitAcTon SUNMOUNT CORPORATION By Date 01.18-90
i
~gacometended for Payment bys Total Value of original Contract Performed $94.337.88
Liza" 3-A!Qb Extra Work Performed - Shown Above or -0-
projec inspector Date Attached Statement
Materials on nand - Shown Above or -0-
Inspection Dept* Date Attached Statement
Total Value of Work to oats 94s337.88 _
Least Amt. Retained 0 ti -0-
Net Amount Earned on Contract 594031.88 _
Approved for Payment Eye $
Lass Amount of Previous Payments $84,904.09 _
EALAMCE DUE :NIS ESTIMATE 59,433.79
Utility Depta or City Engre Date
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CITY Or DENTON
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PERIODICAL ESTIMATE FOR PARTIAL PAYMENT j
817/566-820or D/PW METRO 434-2520
Engineering Division 817/566-8358
Utility Department 817/566-8451 J
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Periodical Estimate No. 5 & Final
Period 12-25-89 Tn 01-18-90
contractor SdNMOUNT CORPORATION I
Address P.O. BOX 1770, ROANOKE. TX 76262
project Bonnie Brae Paving & Drain. Extra Work Eatimatnd contract cost #-13.222.50
aid No. 9977 P.O. Noa 91680.
No, contract work Days 130 Days Used 120
Account No. 434-002-SB85-8506-9105
Unit Quantity Quantity Value
DESCRIPTION OP WORK of Original Completed Unit of Completed
Item 1 Measure Estinats To Date Price
Work
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Unit Quantity Quantity Value
It DESCRIPTION OP WORK of Original Completed Unit of Completed
Item 1 Measure Cstlmate To Date Price Work
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The undersigned Contractor certities that all work, including materials
and equipment on hand, covered by this Periodical Payment has been
completed or delivered in accordance with the Contract Documentsi that all
amounts have been paid by him for work, materials, and equipment for which
previous Periodical Payments were issued and received from the Owner, and
that current payment shown herein is now due.
comACTOR SUNMOUNT CORPORATION By Date 01-I8-20
C`"cosae ed for Payment bye Total Value of Original Contract Perform" _513,222.50
extra Work Performed - Shown Above or .0.
Project Inspector Date Attached statement
Materials on Band - Shown Above or .0-
Inspection Dept. Data Attached Statement
Total Value of Work to Date 13 222.50
Least Amt. Retained 0 f
Net Amount earned on Contract $13,222.50
Approved for Payment Bye c
Less Amount of Previous Payments _S1I,9`
BALANCB DUB THIS CSTIMATB $11322.25
Utility Dept, or City 6ngr, Date
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8 rstled 12-25-5_ 9_-
rsttodlcsl tattt~sts i+o. l- 0_BOX 1710, ROANOXEs TX 76262
Addtss• p~,
Conttsctot SU14JOUNT CORPORATION
BONNIE BRAE PAYING DRAINAGE tstltrst-, centese! test #1 424 410.25
rtol*ct i~o~ tat ,-90336
9917
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usr. u..a
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Aecoenl t+o, 434-002-SB85-BS06-9105
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at titlgln.l corp co feltlotA
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Unit Quantity Quantity Value
DESCRIPTION OP WORK of Original Completed Unit of Completed
Item 1 Measure Estimate To Date Price Work
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The undersigned Contractor certifies that all vorkp including materials
and equipment on hand, covered by this Periodical Payment has been 1
completed of delivered in accordance with the Contract Documental that all
amounts have been paid by him for work, matstiale, and equipment for which
previous periodical Payments were issued and received fro th• Owner, and
that current payment shown herein is now dust
CONTRACTOR SUNMOUNT CORPORATION Ny Da t• 01-18-90
r.Re ommen ad to Payment byr Total Value of Original Contract Performed $1,514,929.38
+ Nitta Nock Performed - Shown Above of -0-
Project nspectoc Date Attached Statement
Materials on Nand - Shown Above or -0- IiI
Inspection Dept. Data Attached Statement 1
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Total Value of work to Date $1,514,929.38
Less: Amt. Retained 0 1 -0-
Net Amount Earned on Contract $1,514,929.38 i
Approved for Payment Sys
Less Amount of Previous Payments 519363,436.44 ,
utility BALANCE DUE THIS ESTIMATE $1519492.94
Dept. or city Engc. Date 1232] 1
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CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
FROM: Lloyd Y. Harrell, City Manager
SUBJECT: Proposed Energy Conservation Ordinance
Amendment
RECOMMENDATION:
The Building Code Board recommends adoption of proposed s
ordinance amendment by a vote of 5
SUMMARY:
The proposed energy conservation ordinance amendment is the
result of the building Code Board's discussions with building
industry representatives, City Officials, review of energy
conservation documents, and the Board's study and review over a r
I twenty (20) month period.
BACKGROUND:
i i
In March 1988, the City Council requested that the Building
I Code Board review and make recommendations for upgrading
I buildin$$ related energy conservation standards. The Board met l
twelve (12) times to formulate the proposed ordinance amendment i
and calked with representatives of the Utility Department, Home
and Apartment Builders Association, Owens/Corning Fiberglass,
Burley and Coward Mechanical contractors, and apartment
builders Carroll Goen and Jack Bell.
The Building Code Board met with the City Council in a work
y session on January 16, 1990. They discussed the proposed
ordinance as well as pros and cons of heat pumps and resistance I
heat.
The Utility Department is presently researching how other
cities notify prospective apartment
tenants Y
of utility costs in
f apartment complexes. ~
PROGRAMS. DEPARIMENTS_, OR GROUPS AFFECTED:
Apartment builders and apartment tenants.
h j FISCAL IMPACT:
I
~ (1) Lower utility bills for apartment dwellers
(2) Additional cost in apartment construction
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1 have reviewed the proposed ordinance amendment relating to
energy ccnservation in apartment building construction and I
recommend that the City Council [Vr adopt, C ] not adopt the
proposed amendment.
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5 gna ure
Alfred Green
' tuber of Building Code Board
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Commentsi
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I have reviewed the proposed ordinance amendment relating to 4 1
j energy conservation in apartment building constcuction and I r, {
recommend that the City Council (49 adopt, [ } not adopt the
proposed amendment.' a
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Isabel Fuller
Member of 6uiiding Code Board
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Comments:
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I have reviewed the proposed ordinance amendment relating to
energy conservation in apartment building construction and I
recommend that the City Council [v] adopt, [ ] not adopt the
proposed amendment.
1 ! gna ure
C.A. Giin in
Member of BuYl~~ng Code board
Comments:
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I have reviewed the proposed ordinance amendment relating to
energy conservation in apartment bu I'ding construction and I
recommend that the City Council [adopt, [ ] not adopt the 3
proposed amendment. }
Signature
Tiff Reding
Member of Building Code Boaro
comments:
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a I have reviewed the proposed ordinance amendment relating to
energy conservation in apartment building construction and 1
recommend that the City Council (✓J adopt, ( ) not adopt the k
proposed amendment. E
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Signature
Wayne Allen
Member of Building Code Board
I h
Comments:
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ORDINANCE NO.
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 BUILD-
INGS1 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.
THE ''OUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That Section 5-3 (11) of Article I, Chapter 5 of
the Code of Ordinances of the City of Denton, Texas is hereby
amended to read as follows:
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sec. 3-3. Deletions and Amendments.
(11) Chapter 17 is amended by adding a new Section 1717 to read
as follows:
Section 1717, Energy Conservation in New Building
Construction. Listed below are minimum requirements for
control of air infiltration:
Ir a. Exterior bottom plates must be sealed with cons
adhesive or caulking. traction
b. Door and window frames must be sealed and caulked.
o. All exterior wall penetrations, (pipes, *to.) must be 1
` sealed and caulked.
d. All holes or spaces in top plates must be sealed.
i e. All exterior walls must be insulated with insulation
j having a minimum R11 valuo.
f. Attic areas must be insulated with insulation having a f
4 minimum R19 value.
C
g. No cracks shall be permitted in exterior wall
sheathing. All joints in sheathing not over solid
framing shall be sealed with materials to stop air
infiltration.
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Exception, Group R, Division 1 Apartment Buildings.
Listed below are minimum requirements for apartment
buildings:
a. Exterior bottom plates must be sealed with construction
adhesive or caulking.
. v
b. Door and window frames must be sealed and caulked.
c. All exterior wall penetrations, (pipes, etc.) must be
sealed and caulked.
d. All holes or spaces in top plates must be sealed.
a. All exterior walls shall provide a minimum R).9
insulation value. y
f. Attic areas over conditioned areas shall be insulated
with insulation having a minimum R30 value where
electrical resistance heating is used and a minimum R26
value when other heating means are used.
g. No cracks shall be permitted in exterior wall
sheathing. All joints in sheathing not over solid
framing shall be sealed with materials to stop air
infiltration.
h. one layer of minimum 4 mil plastic sheeting shall be
applied to the framing behind the wall finish material
at all walls surrounding conditioned areas.
i
i. No cooling equipment shall be installed which has a i
BEER rating of less than 9.0.
ii
J. All hot water heating devices shall be contained in an
insulating blanket (either internally or externally)
which has a minimum R10 value.
k. All exterior windows and sliding glass patio doors
shall have double glazing.
1. Unshaded west facing glass shall not exceed twenty
percent (201) of the total exterior glazed area in any
individual apartment. Glass facing west or up to
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forty-five degrees (45) either north or south of due
west shall be deemed to face west.
The following are acceptable shading installations:
(1) fixed or operable louversi
(2) grilles)
(3) shade-producing screens and roofai or
(4) mature undisturbed tree(s) which will provide a
minimum of fifty percent (50!) shading on the
glass in question when the sun angle is thirty
degrees (30) above the horizontal and due west.
Other methods which will provide a minimum fifty
percent (50%) shading may be acceptable.
SECTION It. That any person violating any provision of this
ordinance shall, upon conviction, be fined a sum not exceeding
$500.00. Each day that a provision of this ordinance is violated
shall. constitute a separate and distinct offense.
SECTION III. That if any section, subsection, paragraph, d
sentence, clause phase or word in this ordinance, or application )
thereof to any person or circumstance is held invalid by any court
of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this ordinance, and the City
Council of the City of Dentcr, Texas, hereby declares it would have
enacted such remaining portions despite any such invalidity.
$=ION IV, That the repeal of any ordinance or any portion
thereof by the preceding sections shall not affect or impair any
act done or right vested or accrued or any proceeding, suite or
prosecution had or commenced in any cause before such repeal shall
take effects but every such act done, or right vested or accrued,
or proceedings, suit or prosecution had or commenced shall remain
in full force and effect to all intents or purposes as if such
ordinance or part thereof so repealed had remained in force.
SECTION V. That thin 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
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data of its pac'ags.
PASSED AND APPROVED this the day of , 1990.
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RAY STEPHENS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
{
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
BLDGCODE.ORD
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MINUTES
building Cooe Board
April 14, 1988
PRESENT: Mike Lewis, Isabel Miller, Robert Courtney, Cliff J
Reding, Building Inspector ano Building official 1
ASSENT: Al Green
I. Miller noveo and Reding seconded a motion to approve the
minutes of November 3, 1987 as written. Motion carried
unanimously.
II. Mr. Dave Boston, President of the Benton Hame and f
Apartment builders Association was present to offer the
Board H.A.B.'s assistance and expertise cer•cerning energy
conservation. Mr. Boston in regard Lo heating and
cooling systems indicated there were lots of problems }
with heat pumps and that electrical resistance heating
units are much more efficient now than in the past.
Miller asked if Mr. Boston would provide the Board with
information regarding resistance heating efficiency.
Dick Guioitis indicated that he favored the use of heat
pumps based on his experience with the use of that type
unit in his home. Cliff Reding said that he had a heat
pump in a small commercial building which was well
insulated and he was not satisfied with its performance
based on monthly utility bills.
Mike Lewis Isabel Miller and Doyle II members with copies of energy conservation iliterature
from Denton County Electric Co-op, the Council of 1
Governments and the City of San Antonio. 111
Reding asked about building inspection in reference to 1I
energy conservation inspections. It was indicated by f
Guioitis that he did inspect for compliance with energy t
conservation requirements.
a i
Isabel Miller siggested sealing the gypsum board to the t
bottom plate. Doyle mentioned the use of a poly vapor
barrier on the inside of stud walls. Lewis was not in x
favor of the poly application if paper backed insulation
is used since a double vapor barrier would be created
causing possible condensation problems. Lewis stated
that the location of the thermostat was an important
consideration.
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BLB Minutes
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In reference to attic insulation, Miller indicated that
the proper use of a heat barrier in the rafter area could
reduce the temperature of the upper portion of the
insulation by as much as loo F. Miller indicated that
U valve calculations would be the ideal to strive foz in
the future regarding energy conservation.
I
Robert Courtney indicated he favored envelope
requirements as opposed to specifying heating appliances.
Lewis said that he had seen information which indicated,
for example that a 2,b00 square foot house's highest
' utility bill should not exceed $280.00 or 10% of the
square footage.
weather stripping and windows were also discussed as well
as building orientation.
It was suggested that 2 or 3 NYAC contractors be invited
to the board's next meeting to provide information on
energy efficiency of various types of heating systems and {
that 1 or 2 insulation contractors be invited to a later
meeting.
III. The Board talked briefly about the upcoming program to
demolish or repair substandard buildings. Doyle i
indicated that only vacant substandard buildings woulo be J
considered to start with. Doyle provided members with
information regarding inspection procedures and a list of
approximately 3r targeted buildings. Doyle said that
photos of the various buildings would be provided for
Board members to view as an aid in making decisions on
the various buildings.
Doyle suggested that Board members go by the various
locations and look at the buildings from the street but
warned them not to go on private property because of
possible legal problems.
Doyle said that there was some money available from the
Community Development Block Grant for aiding In making
repairs and demolishing buildings. Doyle also indicated
that the code enforcement section was providing '
assistance in regard to notification of property owners
and in identifying possible substandard buildings.
Meeting adjourned at 5.30 p.m.
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Building Code Board
April 21, 1988
PRESENT: Mike Lewis, Isabel Miller, Robert Courtney, Cliff
Reding, Building Inspector, Building Official
ABSENT: Al Green 1
I. Reding moved and Miller seconded a motion to approve the
minutes of April 14, 1988 as written. Motion carried
unanimously.
II. Mr. Bill Burley of Burley and Coward Mechanical,
Incorporated, was present at the board's request and gave
a report to the Board regarding calculations he had made
comparing the estimated winter heating cost of two
identical 600 square foot apartment units. One of these
units used a heat pump and the other used electrical i
resistance heat. (See attachment provided by Mr. Burley
regarding his findings and ideas).
Mr. Burley stated that there was very little savings with {
heat pumps versus resistance heating. He said the major
electrical costs came from hot water heaters, ranges,
ovens and lighting.
Mr. Frank Cunningham, a professional engineer, was also
present and indicated that his discussions with the
Utility Department inoicateo that they want to shift the
peak demand while still selling the some amount of
electricity.
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It was pointed out that constructing tighter buildings
would conserve more energy than anything else.
Mr. Burley recommended that the City Council appoint an ad
hoc committee composed of qualified Denton residents who i
f are skilled in the computation of energy saving methods.
Mr. Burley felt that such a committee could perform these
cost/benefit calculations for the City void of any
extran•.ous factors or forces of a political nature.
Meeting adjourned at 5:10 p.m.
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ELECTRIC RESISTANCE HEATING M-ii- 9Y
VS
HEAT PUMP
ELECTRIC ENERGY COST TO PROVIDE DWELLING SPACE HEATING$ TYPICALLYi (AT LEAST BY
CALCULATION) FOR AN AVERAGE RATING HEAT PUMP WHEN COMPARED TO ELECTRIC RESTAWCE
HEATING SHOULD OPERATE APPROXIMATELY 596 LESS UTILITY EXPENSE.
IN A TYPICAL 600 SQ. FT. APARTMENT LOCATED ON THE SECOND FLOOR AND SANDWICHED
BEnIEEN ADJACENT APARTMENTS, THE ACTUAL CALCULATION SHOWS THE FOLLOWING:
HEAT PUMP HEATING SEASONAL COST $ 274.35
ELECTRIC HEAT SEASONAL COST $ 461.84
OR AN AVERAGE FIVE-MONTH HEATING AVERAGE OF:
HEAT PUMP $ 54.87
ELECTRIC HEAT S 92.37
THE INCREASED INITIAL COST OF THE HEAT PUMP SYSTEM OVER THE ELECTRIC RESISTANCE
HEATING ALCNG WITH HIGHER MAINTENANCE COST OF THE HEAT PUMP AND THE ADDITIONAL.
MORTGAGE INTEREST CAST WOULD REQUIRE THE LANDLORD TO INCREASE RENTAL RATES ON
THE APARTMENT OF OUR EXAMPLE BY APPROXIMATELY $99.80 PER HEATING SEASON. rrmo x
THE ADJUSTED COST TO THE TENANTp THOUGH PARTIALLY DISGUISED BY HIGHER RENTAL
RATES, IS: a
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HEAT PUMP HEATING SEASONAL COST $ 374.15
ELECTRIC HEAT $ 461.84
SOO THE ACTUAL SAVINGS BY USE OF A HEAT PUMP OVER THAT OF ELECTRIC RESISTANCE
HEATING IS $19.96 PER HEATING MONTH) IN OTHER WORDS.. IT COST 21.606 LESS TO
HAVE A HEAT PUMP SYSTEM.
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THERE IS A PHYSIOLOGICAL PROBLEM WITH THE USE OF HEAT PIMP IN THAT THE INTENSITY
OF HEAT 1S A LOWER GRADE, I.E., THE AIR BEING DISCHARGED INTO THE SPACE TO
PERFORM THE HEATING FRICTION I AT A LOWER TEMPERATURE AND SO GIVES ONE THE
SENSATION OF CODL DRAFTS, I
THERE IS AN OPERATIONAL PROBLEM ON THE PART OF THE TENANT THAT UNWITTINGLY ROBS A
HIM BY HIGHER OPERATING EXPENSE (UTILITY BILLS). THE TENANT MONKEYS AROUND WITH x 1
THE THERMOSTATO AND IN DOING SOO CAN CAUSE THE HEAT PUP COMPRESSOR TO RUN
SIMULTANEOUSLY WITH THE ELECTRIC PESISTA14CE HEATERS. IT IS FOR THIS REASON THAT
}
THE TENANT MAY NEVER REALIZE THE POTENTIAL 19.96 /MONTH SAVINGS POSSIBLE WITH A
HEAT PUMP SYSTEM. O 'COME.. TOO, SLOPPY PRACTICE OF LEAVING OUTSIDE DOORS OPEN
' WHILE HE SHOOTS THE BREEZE ON THE BALCONYp ETC.p SIMPLY COMPOUNDS THE PROBLEM,
THERE ARE ADDED AUTCMATIC CONTROLS THAT CAN LOCK OUT THE ELECTRIC RESISTANCE
HEATERS UNTIL SUCH TIME AS THE OUTSIDE TEMPERATURE REQUIRES THEIR USE ONCE THE
"BALANCE POINT" OF THE SYSTEM IS REACHED. BALANCE POINT IS THE POINT AT WHICH
THE HEAT PIMP ALONE CANNOT PROVIDE ADEQUATE HEATING OWING TO ITS PERFORMANCE
CHARACTERISTICS DURING COLD WEATHER. ALSOO SPACE TEMPERATV-'a CONTROLS CAN BE 1
ADDED THAT WILL AUTOMATICALLY LIMIT THE RANGE OF TEMPERATURES AVAILABLE IN THE
SPACE. SAY, LIMIT THE MAXIMUM WINTERTIME INDOOR TEMPERATURE TO 76 DEGREES F.
AND THE MINIMUM COOLING INDOOR TEMPERATURE TO 72 DEGREES F. ADDING THE ELECTRIC
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ELECTRIC RESISTANCE HEATING VS. HEAT PUMP
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LOCK-OUT CONTROL WOULD ADO APPROXIMATELY $45 PER SYSTEM; ADDING THE COMFORT
RANGE CONTROLS WOULD COST AN ADDITIONAL. $40.
1 HAVE HEARD THAT ONE OF THE PRINCIPAL CONCERNS OF THE CITY OF DENTON IS THAT
OF PEAK POWER DEMAND MME UPON OUR ELECTRICAL GENERATING FACILITY, AT THE RATE
THAT THIS PEAK DEMAND 1S RISING, IF SOMETHING ISN'T DONE, WE TAXPAYERS ARE GOING
TO HAVE TO HIT OUR HIP AGAIN IN THE FORM OF HIGHER PROPERTY TAXES IN ORDER TO
CONSTRUCT ADDITIONAL POWER GENERATING PLANTS. IF THIS BE TUBE, THEN THE USE OF
HEAT PUMP SYSTEM FOR DOMESTIC HEATING IS PROBABLY THE WORST DECISION THAT COULD
BE MADE. PEAK DEMAND 1S INCREASED WITH A HEAT PIMP NOT ONLY BECAUSE THE HEAT
PIMP COMPRESSOR RUNS, BUT THE ELECTRIC RESISTANCE HEATERS MUST BE ON, ALSO,
DURING COLD WEATHER (TYPICALLY BELOW 35 DEGREES F. OUTSIDE TEMPERATURE) WHEN A
VERY HIGH DEMAND IS ALREADY BEING MADE ON THE POWER PLANT,
THE ONLY POSSIBLE WAY TO REDUCE ELECTRICAL PEAK DEMAND IS TO IMPROVE THE OVERALL
CONSTRUCTION MATERIALS AND TECHNIQUES OF BUILDINGS WHICH EMPLOY ANY FORM OF
ELECTRICAL HEATING (HEAT PUMP OR ELECTRICAL RESISTANCE HEATING) OR COOLING.
a
NOW, IF WE IMPROVE CONSTRUCTION TECHNIQUES AND MATERIALS, THE OWNERS WILL HAVE
HIGHER CONSTRUCTION COSTS WHICH, IN TURN, INCREASES THE VALUE OF THE PROPERTY i
WHICH IN TURN THE TAX ASSESSOR/COLLECTOR RAISES THE PROPERTY TAXES AND THE
TENANT'S RENT GOES UP SOME MOREII
SO WERE IS THE TRADE OUT, HIGHER PROPERTY TAXES FOR ADDED POWER GENERATING
PLANTS OR HIGHER PROPERTY TAXES DUE TO HIGHER PROPERTY VALUATIONS? TO ANSWER
THIS QUESTION, I PROPOSE TWIT AN AD HOC COMMITTEE BE APPOINTED COMPOSED OF THE
ANY NUMBERS OF WELL-QUALIFIED DENTON RESIDENTS *0 ARE SKILLED IN THE COMPUTATION
OF ENERGY SAVING METHODS. THE AMERICAN SOCIETY OF HEATING, REFRIGERATING AND
AIR CONDITIONING ENGINEERS HAS ALREADY ESTABLISHED STANDARDS FOR DOING THIS IN
COOPERATION WITH OUR UNIVERSITIES, THE NATIONAL BUREAU OF STMDAROS, AND TINE
DEPARTMENT OF ENERGY. SUCH A COMMITTEE WOULD IDEALLY PERFORM SUCH COST/8ENEFIT R
CALCULATIONS TO THE CITY VOID OF ANY EXTRANEOUS FACTOR OR FORCES OF A POLITICAL 3
NATURE.
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MINUTES
Building Code Board
May 26, 1988
PRESENT: Mike Lewis, Isabel Miller, Alfred Green, Robert
Courtney, Cliff ;ceding
ABSENT: None
STAFF: Jackie Doyle, Building Official
Jeff Meyer, Energy Management Administrator
Richard Foster, Energy Management Consultant
I. Reding moved and Green seconded a motion to approve the
minutes of May 12, 1988 as written. Motion carried
unanimously.
E 11. Jeff Meyer and Richard Foster were present from the
Utility Department and spoke to the Board about their.
departments concerns regarding energy conservation.
Meyer said the City would rather not have to build
f another electric plant. He indicated that peak loads are
becoming a problem and that the City is considering a
f program whereby citizens can sign up to allow the City to
shut off power to their cooling systems during peak load
periods. Citizens signing up for such a system would
receive a rebate or reduction in their monthly electric
bill. Meyer said that heat pumps properly installed and
maintained save lots of money. Meyer said that the
btility Department believes that the heat pump is for
more efficient than other electrical heating means. The
department believes that construction should take in to
account measures to conserve energy while giving builders
or renters as many options as possible.
Richard Foster said that they receive many complaints
from apartment tenants in the hottest part of summer and
the coldest part of winter because their utility bills
almost equal their monthly rent. He said that the City I
of Austin has a code that requires heat pumps be used in
all apartments over 1,000 square feet in area if
electricity is used for heating. He also indicated that
he had heard the number of apartment units of 11000
square feet or more had greatly decreased. Foster felt
that it was important to insure additional measures be {
taken to insure quality construction. He indicated
builder flexibility was important when an energy
conservation code is written.
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Building Code Minute
f,...,, May 16,
page 2 of 2 pages
Miller commented that she felt energy was being uselessly
used and that gas was more efficient.
Foster said that Austin has requirements for mtnimua, EER
ratings.
Reding said that he felt his business and other small
businesses were being penalized so larger companies could
have enough power. He asked who was causing the power
problems?
r
Lewis asked if regulations are added, will we be
competitive with other cities as far as building
construction is concerned? Do we have a product in Denton i
that is inferior to other metroplex cities?
Jeff Meyer said that the utility Department can show
which apartment complexes are inefficient.
Reding asked it the City has considered any rebates
regarding construction standards? It was mentioned that
heat pumps may not be suitable for apartment buildings.
Miller pointed out that glass location in a building was
an important consideration.
Meyer said that the Utility Department would be glad to i
provide any information on energy conservation that they
had.
Courtney asked if there were different utility rates for
i apartments than single family. Foster said no.
I Miller thought it important that students coming to
Denton know which apartment units are efficient and which
f are not.
T4iU b~eeting adjourned at S:1S p.m.
03711
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MINUTES
Building Code Board
June 23, 1988
PRESENT: Mike Lewis, Alfred Green, Isabel Miller, Robert
Courtney, Cliff Reding and Jackie Doyle, Building
Official
ABSENT: None
I, Reding moved and Miller seconded a motion to approve the
minutes of May 26, 1988 as written. Motion carried
unanimously.
II. The Board considered the request of Wright-Rich and
Associates, Architects representing Denton Independent
School District for a variance from Sec, 3601 of the 1985
Uniform Building Code at the proposed Billy Ryan High
School to be located on E. McKinney street. Mr. Swain
Mayo of Wright-Rich and Associates was present. Mr. Mayo ?
explained that the proposed roof structure would be t
constructed of fire retardant treated plywood attached to s
metal framework and covered with a Class A asphalt
shingle. Mr. Mayo said the sloped roof structure would I
cover less than one-third of the roof and was for
aesthetic purposes only. Mr. Mayo indicated that the
proposed structure would be mounted on a 2-hour fire
resistive concrete roof. He also pointed out that the p
code only required a 1-hour roof. Green asked what grade
of plywood would be used. Mr. Mayo indicated that l
exterior grade decking would be used. Miller asked about 1
wind resistance and Mayo said that the structure would be
sealed on the back side and that it would be anchored to
the concrete roof deck. Lewis asked how far the building
would be located from property lines. Mayo said the
building would be over 100 feet to the nearest property
line. Green asked how long the fire retardant treatment
would last. It was pointed out rnat the treated wood
would not be exposed to rain and should retain Its fire
retardant qualities for a long period of time. Mr. Mayo 1 1
said that there would be no penetrations of the roof
structure except for vents located on the back, vertical
side.
Courtney moved and Green seconded a motion to permit the
use of the fire retardant treated plywood decking on the
proposed roof structure. Motion carried unanimously.
III. Isabel Miller showed other Board members a copy of a 1982
NCTCOG energy code which she said was quite similar to the
Model Energy Code published by the Council of American
Building Officials. Miller felt that it would be a good
idea to accept something similar to the C,O.G, code and 7 ,
then use the simplified forms that the City of Garland
uses.
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Minutes
Building Code Board
June 23, 1988
page 2
It was suggested that resistance heating not be prohibited
but instead require insulation based on the type of feel
used i.e., gas heating would require less insulation than
electrical heating.
Lewis referred to previous electrical department comments
and suggested that the electrical department sponsor a
program of energy conservation with a rebate program. He a
felt the electrical department should hire qualified
retired engineers to make energy conservation
inspections. Lewis suggested a point system with signs to t
be placed in yards stating the energy efficiency of the
building; a free enterprise system. Reding liked Lewis
plan but believes the rebate should be in the form of
money and not just deducted from the utility bill. Miller
said she was for less regulation but Lewis plan could get
real gimmicky.
Reding felt that the Building Code Board shouldn't be
f saddled with the entire responsibility of recommending
energy conservation measures. Lewis asked if the Board
was outside its field of expertise. Green asked who the'
Board could get to help them, someone who is an
authority. Lewis felt that the Board should be concerned
more about energy conservation in apartment construction
as opposed to single family construction. The question
was raised about how prospective apartment tenants could
be informed about average monthly utility bills. pp
The Board agreed to read the Model Energy Code before the Y
Board's next meeting on July 14, 1988.
Meeting adjourned at S:30 p.m.
0373I M
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MINUTES
Building Code Board
f,r.+.•. July 14, 1988
PRESENT: Robert Courtney, Alfred Green, Isabel Miller, Cliff
Reding, Charles Ginnings, Wayne Allen, Don Fletcher
and Jackie Doyle, Building Official `
ABSENT: None 1
I, Miller moved and Reding seconded a motion to approve the
minutes of June 23, 1988 as written. Motion carried
unanimously.
•ACdyG k .
II. Doyle told now Board members, Ginnings, Fletcher and
Allen that the City Council had requested that the
Building Code Board recommend to them ways of conserving 3
` energy in new building construction.
Miller told the new members that she had appeared before
the City Council and expressed concerns about the need
for better energy conservation methods. She indicated
that the City receives numerous phone calls Eros <
apartment dwellers complaining about high utility bills., {
She explained that the Board had met with Utility
Department personnel and two private engineers about
energy conservation. The Utility Department in the past fi
has indicated their desire that electrical resistance !
heating be banned. Miller indicated that she favors a
code similar to the Model Energy Code which could be
simplified similar to the way the City of Garland has j
done.
Allen asked if an energy conservation code would apply to
all buildings. The answer was yes.
Reding said that he was against requiring that a certain
type of heating system must be used. He was in favor of
a joint meeting with the Utility Board.
Miller said that fossil fuels are limited and that we
must conserve for future generations.
1
Allen asked if the City Council or someone cculdn't pass I
an ordinance requiring that average monthly utility costs 1
be made available by apartment owners to prospective
tenants.
Reding said that Peterbilt, Union Caap, and Texas
instruments are the cause of peak demand. Why not make
conservation demands on them. We're as important as they
are. Reding said he felt actual growth was being
confused with waste. Reding was concerned that if the
Cityy Council adopted conservation measures based on the
Building Code Board's recommendations that the community
would hold the Board responsible if there were problems.
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Building Code Board inutes
July 14, 1988
page 2
Miller said that other ordinances have been adopted which
have not caused an uproar,
Allen asked if apartments are required to have more
insulation, etc. and would this overflow to single family
construction?
a
Miller moved and Fletcher seconded a motion that the f
Board work out the simplest of energy conservation 1
measures for apartments. Reding asked Miller if she
would be willing to table her motion until the Board gets
more information. Miller was agreeable. Green moved and J
Reding seconded a motion to table Miller's motion. + it
Motion carried unanimously.
Ginnings asked what the City does now about insulation
inspections. Ginnings said that loaning institutions
look at energy conservation now before making loans.
f Courtney suggested that the Board invite one or two
i apartment builders and an insulation contractor to talk 111
to the Board. Miller suggested that Richard Cooper be•
asked again to talk to the Board.
i III. (1) Reding and Fletcher wer,t sworn in by the City
Secretary.
(2) Doyle suggested a proposed amendment to the building
code in order to comply with a state law concerning
trench safety. The Board asked for additional
I Information before considering an amendment. I
Meeting adjourned at 5:37 p.m.
03761 '
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MINUTES
Building Code Board
R
July 28, 1988
PRESENT: Robert Courtney, Isabel Miller, Alfred Green, Cliff
Reding, Wayne Allen and Jackie Doyle, Building
Official
I 'a
ABSENT: Charles Ginnings
2
v I. Reding moved and Green seconded a motion to approve the j
minutes of July 14, 1988 as written. Motion carried
unanimously,
k II. Jack Bell and Carroll Goen were present to relay to the
Board their ideas regarding energy conservation in
apartment construction,
Mr. Sell said that large apartment complexes are ~
difficult to inspect because they are erected so fast by
out of town builders and contractors. He said he doesn't
{ believe the inspectors can do their job properly under
these conditions.
Mr. Goen said that Richard Foster of the City's Ener
Management Office had called him and asked what kind of
heat pumps he had used at his apartments on north Elm
street. Mr. Goen told Foster that he did not use heat
pumps. Mr, Goen said Foster was amazed because utility
records indicated such low monthly electric useage
i compared to most other apartment complexes. Mr. Goen
1 said that he had used compressors having a SEER rating of
9 at his apartments on Elm street. Mr. Goen made the
following suggestions: (1) require minimum 9 SEER ratings
for electrical appliances, (2) require vapor barriers on
Inside of stud walls (3) use 1/2 inch wafer board over
studs with' tar paper over wafer board. Mr. Coen said
that heat pumps are efficient down to 400 then ~
resistance elements kick in. Mr. Goen stated that heat
pumps don't last as long. He also said that most
apartments have 20 gallon water heaters which
cost 625.00
$40.00 per month to heat water. He said it would be
best to have a circulating hot water system with a single
water heater and storage tank with a circulating pump.
4 Miller said that gas is not always available at some
apartment sites and that 6 inch studs with R19 insulation
would be good.
i
Reding asked Goen what other reasons made his apartments
cheaper on utility bills. Goen answered, construction.
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Minutes
a July 28, 1988
page 2
Goen suggested the following: (1) 2 x 6 outside walls
which will allow room for 581 more insulation than a 2 x
4 wall (2) siding needs to have backing such as wafer
board with a layer of 1S pound felt (3) steel-entry doors
(4) double pane glass windows having a proper rating (5)
use vapor barriers on inside of exterior walls (6) caulk
U inside and outside walls (7) air conditioning compressors
should have a minimum 9 SEER rating, City gives a rebate
for units with a SEER of 9 or better (8) use batt
insulation between joist spaces with blown in insulation
on top.
Goen said, keep the BTU's inside!
Reding felt that it was not the board's responsibility to
dictate what builders could or could not use.
Allen asked if the building code requires R30 and R19 S
would that offend builders. The repl, was, only the
marginal builders. It was stated that windows and doors.
are responsible for the greatest heating and cooling loss
and that glass facing west is a big problem.
Miller felt that well built windows rather than double
pane windows is important.
Allen said that SEER's of 8.6 - 8.7 were good.
Reding felt that a letter should be written to the City
Council stating that after a long series of debates and
discussions regarding electrical demand problems it is
felt that the Building Code Board is not the proper board
} to discuss this matte The Building Code Board should
talk about structural integrity.
Reding said that he would make arrangements for a
insulation representative to speak to the Board.
' Miller said that she would like for Richard Cooper to
talk to the Board.
03771
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MINUTES
1
Ir Building Code Board
September 6, 1988 +
1
PRESENT: Alfred Green, Isabel Miller Chaes Reding, Wayne Allen and Jackie Doy1re, Ginning s, Cliff
ABSENT: Robert Courtney Building official
i
I• Miller moved and
urinates of July 28ding seconded a motion
agenda item number 11 2988 with the sixthto approve the
amended to read as paragraph of
Reding felt that folloxs:
dictate what that I builders was could not or Board's d
heating equipment and a could not usepinsibility to
Ppliances, the way of ~
Motion carried unanimously,
The Board determined
information concerned that if they can obtain a review
nf on rates and various windows, their nd sand f
Cooper a mechanical y can talk with RMralue and
information engineer, the Richard
concerrtin to make recommendationsy to will have adequate a
g energy conservation. th
e City
III. Council
Board
members received o o addit
pr p sed a tonal
m
endment to the buildin information concerning a
safety. The Board recommended thatc Sec ode ,r 102t b g 2. . tof trench
proposed amendment be rewritten he
'
requirements. Doyle will
me the
to more clearly Indicate it at the Board's nextameetin requested r I g• change and
V. Doyle stated that he Would
k this month recommendations be bringing to the Board later
destroyed single family build in demolish 7
members dilapidated or
build#d read their g Doyle asked that Board
g standards copy of the minimum
` requirements, ordinance and be familiar ou wi and
I itth h its
Reding asked what the Board member's
ordered buildings to be demolished, liab#lit
. try and have one of Do le Y was If the
meeting and discuss thihe Citt s concerdattorneysycomea~o he would
the next x
` Meeting ad}ourned at s:00 p.m.
C 0378I
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MINUTES
a Building Code Board
September 27, 1988
PRESENT: Robert Courtney, Isabel Miller, Charles Ginnings,
Alfred Green, Wayne Allen, Don Fletcher and Jackie
Doyle, Building Official
ABSENT: Cliff Reding
1. Miller moved and Ginnings seconded a motion to J
approve the minutes of September 13, 1988 as 1
written. Motion carried unanimously. II
II, Miller indicated that energy conservation a
requirements should not be based on just a few l
isolated requirements but rather a system which a
permits flexibility. Courtney referred to Miller's w
motion of July 14, 1988 which was tabled. The.
motion was to work out the simplest of energy. R
conservation measures for 'apartments. Courtney ti {
asked if it was the Board's desire not to make any
energy conservation recommendations; to make
recommendations only concerning apartments or to y
make recommendations to cover all types of
construction. Miller's motion of July 14, 1988 was
removed from the table and was approved unanimously.
Allen referred to two basic methods of energy i
conservation, a model energy code and individual
requirements such as minimum Insulation
requirements, energy efficient windows aua
equipment, sealing bottom plates, etc. Allen favors °a
the latter-method of energy conservation. Ginnings 3#
also favored individual requirements as opposed to a
model energy code. Allen vas concerned about I
repercussions which might result from
recommendations sent to the City Council such as the
recommendations for energy conservation in apartment J
construction being applied to all types of
construction.
Miller said that she had talked to several builders
regarding any problems they had with codes. She
found that they didn't have any problems with the
codes and that they thought better construction
requirements would be of value. Miller also spoke I
of building orientation being an important factor in
energy conservation.
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Minutes/Bldg,
Miller expressed her soconcern urces andut atmusing ospheric
non-renewable energy
problems resulting from their overuse.
the use of windows was discussed and it was
determined that and U values The windows
available at this s time.
problem with windows was air infiltration and that
windows which reduce infiltration should be used.
Miller agreed to draw. several common wall sections
and indicate R orrovideuMiller with details of wall
provide
Allen agreed to
sections most commonly used in Denton. Members will
also make lists of individual items which might be
used for conserving energy. k
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'E III. There was a brief discussion of the minimum housing
ti.
4, 1988, to demolition I
for relation
and hstandards
scheduled ordinance
rou to
Allen asked If the Bard ifying was ittingoprocess spfor
1 IV.
discuss ways of simPl
additions and remodels of existing structures.
Allen referred to situations concerning handicap
requirements and flood plains. Allen said he would
provide specific information at a later date.
Meeting adjourned at 5:35 p.m.
01761
p,
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MINUTES
Building Code Board
4 October 23, 1938
Robert Courtney, Alfred Green, Isabel Miller, Cliff
PRESENT: .
Reding, Wayne Allen and Jackie Doyle, Building Official
ABSENT: Charles Ginnings
I. Allen moved and Green seconded a motion to table approval :i
unanimously. the Board s next
of the mi Motion or 4, 1988
meeting. n
[I. 1. Isabel Miller provided Board members with her
recommendations concerning energy conservation. Her F
recommendations included:
a. Methods of controlling air leakage
b. Minimum insulation requirements c. Minimum efficiency ratings for major energy using
appliances in living units
d. Thermal envelope requirements for apartment
occupancies
Miller also provided members with drawings of typical
exterior wall and roof construction details indicating
the R and U values of each.
Reding commended Mrs. Miller on the Work she had done 3
in preparing information for the Board.
3. There was some discussion of SEER and EER ratings and
Courtney agreed to provide Board members with
information at the Boards next energy
ueettng.
4. Reding was not in favor of setting minimum EER ratings
allowepd ptoa choose the felt tthat he the wantsner should be
Green reminded the Board of apartment builders who had
uil- In en ton and aus used to low R equipment and then
sold th
would the various
5. Courtnjy asked conservation rd meamembers to sures they inane
ener to
constyde: The list included:
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Building Code Boa-' Minutes
October 25, 1988
page 2
K
a. Vapor barrier on interior walls and ceilings
b. Minimum EER ratings (some members want to address
this issue and some do not)
C. Minimum wall and attic insulation requirements
d. Window requirements
e. Minimum floor insulation requirements for pier
and beam construction
f. Attic ventilation requirements
w
It was recommended that a method be devised to inform
owners of the energy conservation values of roof color
and building orientation. '
t
6. It is the general opinion of the Board that apartment
complexes should be required to post energy
conservation ratings.
7. Miller *;14P44- efficiency ratings of gas and electric
water heaters. Mrs. Miller also indicated her desire
for a simple method of calculating the building
envelope energy rating,
8. Allen talked about the problem of blocking cornice r
vents with insulation and suggested possible solutions
such as using batt Insulation of less thickness
adjacent to cornice vents. W
9. Courtney suggested that each member use the
information provided by Miller to do an energy
calculation on their own house.
Meeting adjourned at 6:45 p.m.
03961
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MINUTES
BUILDING CODE BOARD
December 6, 1988
PRESENT: Robert Courtney, Isabel Miller, Charles Ginnings,
Cliff Reding, Wayne Allen, Don Fletcher, Jackie Doyle,
Building Official
ABSENT: Alfred Green
r
I. Miller moved and Allen seconded a motion to arove
minutes of November 8, 1988 as written. Motion carried
unanimously,
e
11. There was a brief discussion concerning the status of
the Board's energy conservation review. Courtney asked
if the Board needs any more information. The Board
discussed two possible plans regarding energy
' conservation. One plan would require that calculatioI be dona for each apartment building to ensure that
minimum required energy conservation standards are
conservationhmeasuresewhichpeachwapartmentlbuildingnmust
comply with.
Courtney said that he would provide SEER/EER information
regarding water heaters at the Board's next meeting.
III. Mr. Palladino and Mr, Estes were present representing
Flbermesh Company, They talked to the Board and
enswered questions regarding the use of Fibermesh,
polypropylene fibers as secondary, nonstructural
reinforcement in concrete,
Mr. Palladino stated that Fibermesh i
would not degrade in concrete as popolyestern'fibers
sometimes do. He indicated that shrinkage cracks are
greatly reduced when Fibermesh is used. Palladino sold
that polypropylene fibers were first used in England
over twenty years ago but has only been used In this
country for about five years. Mr. Palladino said that
( he would provide Mrs. Miller with information regarding
!I the performance of Flbermesh in some older jobs which
contain the fibers. Mr. Estes stated that 100,000 yards
of concrete with Flbermesh had been used in the Dallas,
Fort Worth area during the past two years. He named
four sites In Denton where the product had been used:
Lone Star Car Wash, Briscoe Tire Company, Southmont
Baptist Church and a parking lot on Sadau Court,
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Minutes
Building Code Board
Page 2
Allen asked about dispersal of the fibers in concrete,
Estes showed members samples of the product and
indicated that the fibers were added at a rate of
1.5 pounds per cubic yard of concrete and the rotation
of the concrete mixer disperses the fibers throughout J
the concrete, 1
Doyle said that the Building Code Board could only
review Fibermesh for use in buildings and that
Jerry Clark, City Engineer, should be consulted
regarding its use in parking lots and streets,
The Board agreed to meet again on January 6, 1989.
With no further business, the meeting adjourned at
6:OS p.m.
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MINUTES
4
Building Code Board
January 6, 1989
PRESENT: Wayne Allen, Charles Ginnings, Robert Courtney,
Alfred Green and Isabel Miller
ABSENT: Cliff Reding and Don Fletcher
STAFF: Jackie Doyle, Building official
1. Approve minutes of December 6, 1988:
The meeting was called to order at 4:00 p.m. on Friday, i
January 6, 1989 by Robert Courtney. Miller moved ar.d
Allen seconded a motion to approve the minutes of Decemt-ir
60 1988 if a correction is made by changing the word
~degrade in item 111, second paragraph, second sentence to
e-teeorate. Motion passed unanimously.
q
Ii. Discussion of polypropylene synthetic fibers in concrete:
Allen asked Doyle if he had received the a report from Mr.
Palladino of the Fibermesh Company regarding' the longevity R
of fibermesh when used in concrete. Doyle said that
neither he nor the City Engineer had received any
information.
Green asked if fibermesh was used in a house slab would
the beams be required to have rebar. Doyle answered yes
and that if anyone wanted to use fibermesh in a building
slab to replace the nonstructural reinforcement the slab
would be required to be engineered.
Allen said he was in favor of using it In parking lots and
sidewalks but was not sure about using it in building
slabs. j
V 111, Continue review of energy conservation measures:
Courtney began discussion of energy conservation measures J
by saying that he found no SEER ratings for water
heaters. He said heaters are stamped EER and air
conditioning units SEER. Courtney said that water heaters g
have R ranges from 4.S to over 16. The use of insulating
blankets for water heaters was also discussed. Miller
said that she would check with Sears on their R values for
water heaters.
Courtney said, as discussed in the previous meeting, there
were three energy conservation plans they could work
toward. One would be a minimum standard, second would be
a heat conservation plan and third, a combination of the
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BCB Minutes
January 6, 1989
page 2
other two. Courtney felt that the minimum standard should
be studied first since it might require more than the
other two plans and therefore, there would be no need to
review the other two. Courtney presented the following
suggestions for energy conservation for apartment
construction:
(1) Materials shall be used which provide the following
minimum ratings - ceilings R-26, walls R-13. Allen
suggested minimum R-19 walls even if 2x6 walls have to be
used. Miller suggested that builders who use gas
appliances should get a break like R-13 walls and R-26
ceilings and that builders who use electric heat should be
required to have R-19 walls and R-30 ceilings because it
takes 3 times as much gas to produce the same amount of
electricity to heat a house. Allen felt that energy would
be wasted regardless if R-19 was not required for both gas
and electric heating. Miller felt that the gas company
should be required to provide gas to construction sites t
the same as the City provides electric service. Miller
said she was hesitant about requiring all apartment
buildings to use 2x6 exterior walls. Green said he did
not want to penalize anyone by requiring R-13 for gas and
R-19 for electricity. Ginnings sug ested R-30 for
ceilings and R-19 for walls as recommendel for this area.
(2) No heating/cooling equipment shall be installed that
has an EER rating below B.S. The Board agreed that more
information was needed to make a recommendation on minimum ,
EER ratings.
(3) All hot water heating devices shall be contained in an
insulating blanket having an R value of not less than 9.2,
(4) Windows on south and west sides of apartments shall
I have solar screens installed. Miller said that solar
screens would be good on the north and west sides of
buildings. Allen said that 1/2 inch insulated glass
windows were nornally built better than single glazed N
windows.
I (S) Walls shall be constructed with 1/2 inch wafer board
j over studs with 1S pound felt on the outside.
F
(6) Minimum 6 mil plastic shall be used behind sheet rock
on outside walls and apartment party walls.
Allen asked Doyle to invite a window manufacturer to
address the board in regard to energy savings with the use
of tinted and solar treated glass.
Courtney asked members to gather information pertaining to
these guidelines for the next meeting.
Meeting adjourned at 6:00 p,m.
04261
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MINUTES
Building Code Board
December 7, 1989
PRESENT: Alfred Green, Isabel Killer, Charles Ginningep Wayne Allenp Cliff
Redingp and Jackie Doyle
ABSENTS None
I. Killer moved and Ginnings seconded a motion to approve the minutes of
\ September 21p 1989 as written. Motion carried unanimously.
v Ile The Board discussed exception (1) of the proposed energy conservation
ordinance toe apartments. The Board agreed that as presently written, k
exception (I) might be confusing or misleading. Miner moved and
Ginnings seconded a motion to rewrite (i) as follows: No cooling
equipment shall be installed which has a SEER rating below 9. Kotion
carried unanimously. s
Miller provided Board members with energy conservation suggestions
regarding building orientation and glazing In west facing walls.
Miller's suggestions were as follower (1) Unshaded west glass shall not
exceed 20 percent of the total exterior glazed area In any individual
apartment. (2) Glass facing west or up to ISO either north or south of
due west shall be deemed to face waste (3) Acceptable shading
installations shall include fixed at operable louvers, grille,
shade-producing screen, roofs, mature undisturbed trees which will a
provide a minimum of SO percent shading on the glass in question when the
i sun angle is 300 above the horisontal and due waste Other methods
which will provide a minimum of 50 percent shading on the glass may be
acceptable. There was considerable discussion concerning the types of
shading methods and materials. Miller and Ginnings felt that the
suggestions if adopted could be complied with at a reasonable cost if the
owner/architect designed and oriented the apartment buildings in a manner
that would require less west facing glass. Reding and Allen were
concerned that the City might be going too far by making people have to
pay more in order to have west facing glass. They ware concerned that i ]
such requirements would be made to apply to single family construction. 1
Reding and Allen felt that If a person could afford to pay the utility
bill they should be able to use as much glass in a wall as they want toe
Allen felt that the variance process available to people should be made y
more public.
Miller moved and Ginnings seconded a motion that Killer's suggestions be
added to the proposed apartment energy conservation ordinance. Miner,
Ginningsp Green and Allen voted yams Reding voted no. Motion carried 1
to is Allen went on record as saying that he believed that if a person
wanted to build a glass house in Denton he should be able toe
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r~a Minutes-Building Code Board
September 7, 1989
page 2
111, The based discussed the >osalble use of Tyvek Radiant barrier as an
alternate to the polyethylene vapor barrier. The Board felt that the
Tyvsk material was good but that it should not be permitted in lieu of
the vapor barrier. Allen moved and Ginnings seconded a motion that the
use of a paper laced Insulation material in conjunction with an exterior,
vapor permeable house wrap material is a suitable alternate to the use of ?
a polyethylene vapor barrier. Motion carried unanimously.
IV. Discussion began concerning the review of the 1988 editibn of the Uniform a
Building Code. Doyle provided Board members with the following }
materialst (1) Copy of the 1988 UDC 12) Copy of changes to the 188 UBC S
(3) current city ordinance and amendments to the 185 UBC (4) copy of a
proposed fire sprinkler ordinance. board members agreed to divide
portions of the UBC among themselves and to take primary responsibility t
for reviewing and reporting to the Board the results of their review.
Allen will review Chapters 1-8, Rsdinq, Chapters 9-170 Green, Chapters
18-15, Miller, Chapters 26-330 Ginnings, Chapters 34-56.
V. Allen had requested copies of the firelane ordinance and the parking lot
paving ordinance at a previous Board meeting. Doyle provided members
with copies of these ordinances. Allen suggested that members review the
ordinances, Allen and Reding both expressed concerns about the number
and type bf new requirements the City has been adopting. They felt that
new ordinances were affecting the ability of small businesses to build in
Denton,
Mating adjourned at 6t1S pose
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DATE: 2/20/90
CITY COUNCIL REPORT FORMAT T
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECi E-13 CONSIDER ADOPTION OF AN ORDINANCE ABANDONING AND VACATING A
PORTION OF UNDERWOOD STREET, LOCATED IMMEDIATELY WEST OF ITS
INTERSECTION WITH AVENUE A, AS A PUBLIC STREETI RESERVING A UTILITY
i EASEMENT
a
RECOMMENDA ONi
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Planning and Zoning Commission recommended approval at their f
me Ling of November 29, 1989 by a vote of 4 to 0.
it
SUMMARY:
This is a request by the City of Denton to quit claim 5,219.90
squar$ feet of Old Underwood Street to the A. P. Dooley estate,
while retaining a utility easement. The excess right-of-way is the
result of the redesign of the intersection of Avenue A and Underwood
I Street in conjunction with the Avenue A Paving and Drainage
I Project. in his attached memo Roger Wilkinson, Right-of-Way Agent,'
recommends that no compensation be required for this excess
right-of-way as the agent for the adjacent property has given
r additional right-of-way for the paving project and the site cannot lie
4 be developed independently.
BACKGROUNDI
The City of Denton has designed the plans for the Avenue A Paving
and Drainage Project, and it is now under construction. The project
has resulted in a redesign of the intersection of Avenue A and
Underwood Streets which has left a balance of 5,219.90 square feet
i of excess right-of-way.
I
` PROGRAMS. DEPARTMENTS OR GROUPS AFFECTEDS
I The adjacent 1 operty owner, the A. Pe Dooley estate, and Parks and
II Recreation Dep -tment.
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City Council Report
E-13
February 20, 1990
page 2
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FISCAL IMPACT;
If the property is abandoned it will be added to the tax rolls,
Reap ull/y>ubm t di
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prepared byi Lloyd V. Harrell
City Manager
ilia th Evans
pla ling Administrator
App oveds
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rank H. Aob ns, AICP
Executive Director
planning and Development
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E 13 ABANDON R O W
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ATTACHMENT 2
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C1TY of DENTON, TEXAS 215 E. McKINNEY/ DENTON, TEXAS 76201 / TELEPHONE (817) 566.8200
MEMORANDUM
t
DATE: November 21, 1989
TO: Elizabeth Evans
FROM: Roger N. Wilkinson
SUBJECT: Excess right-of-way - Underwood Street
i
Donald Dooley, executor of the A. P. Dooley estate, has executed the
documents for the additional right-of-way of the Avenue A paving
project in conjunction with his property. In exchange for these
tracts he would like to obtain ownership of the excess right-of-way x
of Underwood Street.
The excess right-of-way of Underwood Street is being created by its
realignment into Avenue A. This street intersects Avenue A on the
west side at the beginning of a curve to the south. This curve
makes adequate sight distance difficult for traffic on Underwood
Street. The proposed alignment will radius Underwood Street into
Avenue A at a 900 angle.
A
A utility easement will be retained which will prevent any
i structures from being built on the excess right-of-way tract. in
addition, the tract is not independently developable due to its
configuration and size.
This excess right-of-way case is the same type as existed at the
intersection of Locust and Peach Streets. The adjacent residential
property owner did not wish to maintain the area due to the cost of
materials and time involved unless he had title to the property. A €
j nominal value was determined and the tract was conveyed to him. j
The use of this rexcess right-of-way would be side and front yard for
a residential property as in the previous case mentioned. The
excess right-of-way tract would add a nominal contributing value to
1 the adjacent residential property use.
In conclusion, I would recommend releasing the excess right-of-way
tract to Mr. Dooley for the tracts needed for the Avenue A paving
project from his property.
Thank you;
k
Rog N. Wilkinson
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ATTACHMENT 3 r ijT£S
Planning ant. Jning Commission
November 29, 1989
T A Special called meeting of the Planning and Development Commission
was hold on November 29, 1989, at 5:00 P.m, in the City Council
Chambers of the Municipal Building, 213 East McKinney.
Present: Eul ins Brock, Jim Engalbrecht, Ivan Glasscock, Judd Holt,
Etha Kiker, and Fran Morgan
Absent: William Kamman
Present from Staff: Frank Robbins, Executive 01rector for Planning
and Development; Elizabeth Evans, Planning Administrator; 1
Owen Yost, Urban Planner; Harry Persaud, Senior Planner;
Renee Baker, water/wastswater; Oavid Salmon, Engineering; r
Joe Morris, Assistant City Attorney; and Olivia Car3on, 7
Secretary i
Chairwoman Brack called the meeting to order, s
1. Minutes
A. Consider approval of the minutes of the regular meeting
of July 12, 1989.
It was moved by Mr. Glasscock, seconded ty Ms. Kiker, and
unanimously carried (1-01 to approve the minutes of the
regular meeting of July 12, 1989.
B. Consider approval of the minutes of the regular meeting
of July 28, 1989.
Ms. Kiker moved to approve the minutes of the regular
meeting of July 28, 1989, Seconded by Ms. Brock and
unanimously carried (1-0).
II. Consent Agenda
It was moved by Mr. Glasscock, seconded by Mr. Engelbrecht,
and unanimously carried (1-0) to approve the consent agenda
as follows:
A. The final plat of the Putt-Putt Golf and Games Addition
' Lot 1, Block A.
S. The final plat of the Searis Addition, Lot t, Block 1.
III. Considerations
A. Southview (PO-132)
Consider the request of Susan Mood, rsprssinting RMS
Realty, for an extension of the dsvslormsnt phasing
schedule for Scuthview (PO-132).
STAFF REPORT: Ms. Evans presented the staff report
(attached). She stated that staff recommends approval
of the extension of the extension.
DECISION; Ms. Brock moved to recommend approval of the
extension of the development phasing schedule for-
Southvibw (PD-132). Seconded by Mr. Engolbrecht and
unanimously carried (1-0).
E-13
Consider a recommendation to abandon 5,219.90 square fiat
of right-of-way at Avenue A and Underwood Street.
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i November 29, 1989
Page 2
STAFF REPORT: Mr. Salmon stated that Underwood Is being
realigned to intersect Avenue A at a right angle. Excess
right-of-way on Underwood is being crested by this
realignment. .Staff recommends abandonment of this area
as shown in the packets with retention of an easoment.
Donnald Dooley has agreed to exchange other right-of-way
i 3
conjunction with the Avenue A paving pro,7,3ct for
ownership of this property. 1
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Ms. Brock asked the purpose of changing the alignment.
Mr. Salmon replied that Underwood intersects Avenue A on
the west side a the beginning of s curve tot he south.
The curve makes adequate sight distance difficult for
traffic on Underwood Street.
QjQjjLON: It was moved by Mr. Glasscock, seconded by Mr.
Engelbrecht, and unanimously carried (4-0) to recommend
approval of the abandonment of 5.219.90 square feet of r
right-cf-way at Avenue A and Underwood Street. .J{
111 C. E-14
Consider a recommendation to abandon the above ground
utility portion of a 1.894 acre easement in the McNatt
Addition near I-35E and State School Road.
F
STAFF REP
Rai: Mr. Salmon presented the staff report" ~
(attached). He said that the existing utility easement
hag a sewer line in it. It is a general utility
easoment. The McNatts want the City to abandon the
aerial portion of the easement but keep the underground
portion with the sewer line. Another existing easement
Is the same situation but has a water tine in it. In
exchange for the abandonment of the aerial easementso the
McNatts will dedicate another easement for electric
utilities.
n The Commission discussed the layout cF the easements.
Mr. -engelbroeht asked if a portion of the now easement
can be required to be underground.
.
Mo. Evans stated that a portion of the now easement has
existing utilities. The Utility Department can be
informed of the Commission's request.
Mr. Holt arrived at the meeting,
Mr. Engelbrecht moved at approve abandonment of the above
ground utility lines with the recommendation that the
short southern log of the easement have underground
utilities yiven its proximity to the interstate and
service road. Seconded by Mr. Glasscock. and unanimously
carried (5-0).
IV. 2-88-023, Hold a public hearing and consider the petition of >
Al Llssbargor requesting a zoning change from agricultural (A)
to Planned Da,oiopment District (PO).
Nina notices were mailed to property owners within 200 foot:
two were received In favor and one in opposition.
3-2
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..TTACHMENT TO THE MINUTES
DATE: 11/29/89
PLANNING AND ZONING COMMISSION REPORT FORMAT
TO., Planning and Zoning Commission
FROM: Elizabeth Evaos, Planning Administrator
SUBJECT: E-13 ABANDONMENT OF 50219.90 SQUARE FEET OF RIGHT-OF-NAY AT AVENUE A
AND UNDERWOOD SIREET
RECOMMENDATION: }
The Development Review Committee recommends approval.
SUMMARY:
This is a request by the City of Denton to quit claim 51219.90
square feet of Old Underwood Street while retaining a utility
j easement of 3,964.7 square feet. The excess tight-of-way is the
l result of the redesign of the intersection of Avenue A and Underwood
Street in conjunction with the Avenue A Paving and Drainage
f Project. In his attached memo Roger Wilkinson, Right-of-Way Agent, j
E states that there is no need for compensation for the right-of-way
as it cannot be developed independently, the maintenance cost to the
City to maintain it and the right-of-way dedicated by the adjacent
owner.
BACKGROUND:
The City of Denton has designed the plans for the Avenue A Paving
j and Drainage Project, and it is now out to bid. The project has
resulted in a redesign of the intersection of Avenue A and Underwood
Street.
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ATTACHMENT 4
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, 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; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City has proposed to reroute that portion of
Underwood Street, located immediately west of it intersection with
Avenue A, as shown in Exhibit "A", attached hereto; and
WHEREAS, the Donald Dooley, Executor of the A. P. Dooley
Estate, in consideration of the City of Denton constructing the new
street and abandoning that portion of the existing street to be
rerouted, has agreed to provide the necessary land for the new
street; NOW, THEREFORE,
i
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION i. That the 5,219.90 square feet of that portion of
Underwood Street, as more particularly described in Exhibit "B",
attached hereto and incorporates herein by reference, is abandoned i
and vacated as a public street; provided, however, that there is
hereby expressly reserved and excepted from vacation and abandon-
went for the property so described a general use utility easement
for the purpose of constructing, reconstructing, repairing, and
maintaining utility and drainage lines and facilities in, over, and
across the property.
SECTION ii. That by operation of law the City of Denton's II
property interest in the street right-of-way herein abandoned and
vacated shall revert to the abutting property owner, whether one or
more, and the City of Denton hereby releases all claims to the use
j of the property for street purposes. 9
SECTION_ iii. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of , 1990.
s
r
r RAY STEPHENS, MAYOR
ATTEST; t
JENNIFER WALTERS, CITY SECRETARY
I 3
BYS
APPROVED AS TO LEGAL FORMS {
h DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
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EXHIBIT "B"
! COMMENCING at the southeast corner of a deed conveyed from Jess
Burch, et al to Alfred Dooley and wife Ruth Dooley by a deed
dated February 13, 1945 and recorded in Volume 312, Page 636 of
the Deed Records of Dent-ci County Texas, said point also lying
in a north/south public jad known as Avenue A;
THENCE north 890 41' 45" west along the south boundary line
! of said Burch to Dooley Tract crossing said Avenue A a distance
of 28.83' to the southwest corner of the remainder of said
Burch to Dooley Tract, sane being the intersection of the
northwest right-of-way line of said Avenue A with the north
right-of-way line of an east/west public road as Underwood
street for the POINT OF BEGINNING;
THENCE southwesterly along a curve to the right having a radius
of 2701, a chord bearing and length of south 330 49' 18"
west, 84,571, at an arc distance of 43.21' passing the south
right-of-way line of said Underwood street and the north
boundary line of a tract conveyed from Woodson A. Harris and
wife Mary M. Harris to the City of Denton by a deed dated June
27, 1962 and recorded in Volume 483, Page 163 of the D.R.D.C.T.
and continuing for a total arc distance of 84.92' to a point
for corner;
THENCE north 870 23' 08" west a distance of 13.19' to a point s
lying in the north right-of-way line of the now Underwood Road i
for corner,
i •
THENCE north 380 39' SO" west along the northeast
right-of-way line of said new Underwood Road a distance of
30.47' to the beginning of a curve to the left Navin a radius j
of 126.33', and a chord bearing in length of north 610 23'
08" west, 97.S9' to a point for corner;
THENCE northwosterly along said curve to the left and the
northeast right-of-way line of said new Underwood Road, passing
at an arc distance of 9.75' the north boundary line of said
Harris to City of Denton Tract and the south right-of-way line ;
of said Old Underwood Road, and continuin` for a total are
distance of 100.20' to a point lyin in south boundary line
of said Burch to Dooley Tract and t e north right-of-way line
of said old Underwood Road for corner;
THENCB south 890 41' 45" east aloe` the north right-of-way
line of said Old Underwood Road and the south boundary line of
said Burch to Dooley Tract a distance of 164,97' to the Place
of Beginning and containing 5,219,90 square feet of land
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' 2881E •
ORDINANCE NO.
I '
AN ORDINANCE PROVIDING RULES OF PROCEDURE FOR THE CITY COUNCIL OF
DENTON, TEXAS; PROVIDING A SEVERABILITY CLAUSE; AMENDING ORDINANCE
NO. 81-35; AND DECLARING AN EFFECTIVE DATE.
I
i WHEREAS, the Constitution and Laws of the State of Texas, and J
Section 2.07 of the City Charter of the City of Denton, Texas, 11
authorize the City Council of said City to promulgate and estab-
lish rules of procedure to govern and conduct meetings, order of
business, and decorum, while acting as a legislative body repre-
senting said City; and
WHEREAS, because of its desire to more effectively and
efficiently serve the public through the medium of public meet-
ings, it has become necessary to amend the rules of procedure;
NOW, THEREFORE,
r I
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
SECTION I. Ordinance No. 81-35 is hereby amended to read as
follows: +
1. AUTHORITY
-i
1.1 Charter: Pursuant to the provisions of Section 2.07
of the Charter of the City of Denton, Texas, the City Council
hereby enacts these rules of procedure for all meetings of the
City Council of the City of Denton, Texas.
During any meeting, a reasonable opportunity shall be given
for citizens to be heard under these rules. These Rules of Pro- !
cedure are enacted as guidelines to be followed by all persons
in the Council Chamber including the city administrative staff,
news media,'hed visitors.
I I
2. GENERAL RULES r
2.1 Meetings to be Public: All official meetings of the
Council, except executive meetings or sessions permitted to be
closed by the provisions of the Texas Open Meetings Law, Article
6252-17 V.A.C.S., as amended, and all sessions of a Committee
of the 6ouncil shall be open to the public.
2.2 Quorum: Four members of the Council shall constitute t
a quorum oche transaction of business. (Charter, Section
2.06)
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2.3 Com ellin Attendance: No member shall be excused
from attendance at a ounc meeting except for good and valid
reasons.
2.4 Misconduct: The Council may punish its own members
for miscon uct.
2.5 Minutes of Meetings: An account of all proceedings of
the Council shall _e kept by the City Secretary and shall be en-
tered in a book constituting the official record of the Council.
A certified agenda shall be prepared for all executive sessions
and shall be approved by the Mayor in accordance with Art.
6252-17a (Vernon s 1989).
2.6 Questions -to- Contain One-Sub ect: All questions sub-
mitted for a vote sI contain on y one subject. If two or
more points are involved, any member may require a division, if
i the question reasonably admits of a division.
2.7 RRi~i ht of Floor: Any member desiring to speak shall be
recognized by the ha r, or presiding officer, and shall confine
his or her remarks to the subject under consideration or to be
considered. No member shall be allowed to speak more than once 1
a:i any one subject until every member wishing to speak shall
have spoken.
2.8 City Mana era The City Manager, or Acting City J
Manager, shall--attend all meetings of the Council unless ex-
cused. He may make recommendations to the Council and shall
have the right to take pert in all discussions of the Council,
but shall have no vote. (Charter, Section 5.03(4))
2.9 City Attorne : The City Attorney, or Acting City
Attorney, s lll- a be available upon request for all meetings of
the Council unless excused and shall, upon request, give an
opinion, either written or oral, on questions of law. The City J
Attorney shall act as the Council's parliamentarian.
2.10 City Secretar : The City Secretary, or Acting City
Secretary, s a attend all meetings of the Council unless
excused, and shall keep the official minutes and perform such
other duties as may be requested of him by the Council.
2.11 Officers and Fm to ees: Any officer or employee of
the City, when requested y the city manager, shall attend any
meeting of the Council. If requested to do so by the City
Manager, such employee may present information relating to
matters before the Council.
2.12 Rules of Order: These rules govern the proceedings of {
the Council- in a cases, except that where these rules are 1
PAGE 2
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silent, the most recent Edition of Roberts Rules of Order revised
shall govern.
2.13 _Suspension of Rules: Any provision of these rules not
governed by the city alter or Code may be temporarily suspended
by the affirmative vote of four members of the Council. The vote
on any such suspension shall be taken by yeas and noes and en-
tered in the minutes of the Council.
2.14 Amendment of Rules: These rules may be amended, or new
rules adopts y t e a rmative vote of four members of the
Council, provided that the proposed amendments or new rules shall
have been introduced before the City Council at a prior Council
meeting.
3. CODE OF CONDUCT
3.1 Councilmembere:
(a) During Council meetings, Councilmembers shall preserve +
order and decorum and shall neither by conversation or otherwise i
delay or interrupt the proceedings nor refuse to observe the
rules of the Council.
(b) A Councilmember, once recognized, shall not be inter- '
rupted while speaking unless called to order by the Mayor or
presiding officer, unless is point of order is raised bq another
member or the parliamentarian, or unless the speaker chooses to
yield to questions from another member. If a Councilmember is 1
called to order while he is speaking, he shall cease speaking I
immediately until the question of order is determined. If ruled
to be in order, he shall be permitted to proceed. If ruled to
be not in order, he shall remain silent or shall alter his re- i
marks so as to comply with rules of the Council.
3.2 Administrative Staff: !
1 (a) Members of the administrative staff and employees of
the City shall observe the same rules or procedure and decorum
applicable to members of the Council, and shall have no voice i
unless and until recognized by the presiding officer. !
i
(b) While the presiding officer shall have the authority s
to preserve decorum in meetings ac far as staff members and City
employees are concerned, the City Manager also shall be respon-
sible for the orderly conduct and decorum of all City employes
under his direction and control.
(c) The City Manager shall take such disciplinary action
as may be necessary to insure that such decorum is preserved at
all times by City employees in Council meetings.
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(d) All remarks and questions addressed to the Council
! shall be addressed to the Council as a whole and not to any
individual member thereof.
k
(e) No staff member, other than a staff member having the
floor, shall enter into any discussion either directly or indi-
rectly without permission of the presiding officer.
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3.3 Citizens:
(a) Citizens are welcome and invited to attend all
meetings of the Council, and will be admitted to the Council
Chamber up to the fire safety capacity of the room.
(b) All citizens will refrain from private conversations
t in the Chamber while the Council is in session.
r
(c) Citizens attending Council meetings shall observe the
same rules of propriety, decorum, and good conduct applicable to
the administrative staff. Any person making personal, imperti-
nent, or slanderous remarks or who becomes boisterous while
addressing the Council or while attending the Council meeting
f shall be removed from the room if the Sergeant-at-Arms is so
f directed by the presiding officer, and such person shall be
{ barred from further audience before the Council during that
fi session of the Council.
i
j (d) Unauthorized remarks from the audience, stamping of
i feet, whistles, yells, and similar demonstrations shall not be a
permitted by the presiding officer, who shall direct the
Sergeant-at-Arms to remove such offenders from the room. In
case the presiding officer shall fail to act any member of the
Council may move to require him to act to eniorce the rules, and
y' the affirmative vote of four (4) members of the Council shall
t require the presiding officer to act.
(e) No placards, banners or signs of any kind will be
E permitted in' the Council Chamber except exhibits, displays and {
visual aids used in connection with presentations to the Council x
provided that such exhibits, displays and visual aide do not }
disrupt the meeting.
i
3.4 Enforcement: The City Manager, in the absence of a v
designated law en orcement officer, shall act as Sergeant-at-Arms
for the Council, and shall furnish whatever assistance is needed
to enforce the rules of decorum herein established.
3.5 Seating Arrangement. The City Secretary, City
Manager an City ttorney s ell occupy the respective seats in
the Council Chamber assigned to them by the Mayor, but any two
or more members of the Council may exchange seats.
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4. TYPES OF MEETINGS
E
4*1 t o'clock p.m S na t Meetings: The
third Tuesday of shall each meet
month or vat
any other times set by the Council, unless postponed or canceled
for valid reasons. All regular meetings of the Council will be
held in the Municipal Building at 215 East McKinney Street.
4.2 Skecial Meetings: Special meetings may be called by
i , t e ty
the Mayor, anager, or by any three members of the
Council. The call for a special meeting shall be filed with the
City Secretary in written form, and he shall poet notice thereof
as provided by law.
4.3 Workshop Meetings: Regular workshop meetings are held
on the first an t r uesday of each month. Other workshop
meetings may be called using the same procedure required for
special meetings, (See Sec. 4.2) The purpose of the workshop
I meeting is to discuss or explore matters of interest to the City,
to meet with a City Board or Commission, or other group. These
meetings are informational and normally, no final action shall
be taken.
4.4 Emer enc Meet s : In case of emergency or urgent s
public necess ty, w c sFaTl be expressed in the notice of the
meeting, an emergency meeting may be called by the Mayor, the
City Manager or by three members of the Council, and it shall be
sufficient if the notice is posted two hours before the meeting
is convened.
` 4.5 Executive Meetings: The Council may meet in an execu-
tive meet ng or session pursuant to the requirements of the
Texas Open Meetings Law. Article 6252-17, V.T.C.S.)
L
4.6 Recessed Meetings: Any meeting of the Council may be
recessed to a ater time, provided that no recess shall be for a
longer period than until the next regular meeting.
E 4.7 Notice of Meetings: The agenda for all meetings shall
be posted y the ty ecretary on the City's official bulletin
board and notice of all meetings shall be given by the City
Secretary pursuant to the requirements of the Texas Open Meet-
inga Law. (Article 6252-17, V.T.C.S.)
5. PRESIDING OFFICER AND DUTIES
I` 5.1 Presiding Officer: The Mayor, or in the absence of the +
Mayor, the mayor Pro-le shall preside as the chair;or presiding
officer, at all meetings of the Council. In the absence of both
the Mayor and Mayor Pro-Tem, the Council shall elect a temporary
presiding officer. (Charter, Section 2.03)
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5.2 Call to Order: The meetings of the Council shall be
called to order by the- Mayor, or in his absence, by the Mayor
Pro-Tem. In the absence of both the Mayor and the Mayor Pro-Tem,
the meeting shall be called to order by the City Secretary, and
a temporary presiding officer shall be elected as provided above.
5.3 Preservation of Order: The presiding officer shall
preserve order an ecorum, an confine members in debate to the
question under discussion. The presiding officer shall call upon
the Sergeant-at-Arms as necessary to enforce compliance with the
rules contained herein.
5.4 Points of Order: The presiding officer shall determine
I all points o order, su ect to the right of any member to appeal
to the Council If any appeal is taken, the question shall be,
"Shall the deciaion of the presiding officer be sustained?". if
a majority of the members present vote "No", the ruling of the
chair is overruled; otherwise, it is sustained.
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5.5 Questions to be Stated: The presiding officer shall i
state all questions Submitted or a vote and announce the result. #
A roll call vote shall be taken upon the request of any member,
and upon the passage of all ordinances and resolutions.
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5.6 Substitution for Presidin
Officer: The presiding i
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officer may ca any of er member to to a is place in the
chair, such substitution not co continue beyond adjournment.
5.7 Call for Recess: The presiding officer may call for a
recess of up to fifteen (15) minutes at regular intervals of
approximately one hour at appropriate points in the meeting
agenda, or if requested by any two members.
6. ORDER OF BUSINESS t
6.1 Agenda: The order of business of each meeting shall
be as cont-a na in the agenda prepared by the City Manager. The
agenda shall* be a listing by topic of subjects to be considered
by the Council. Conduct of business at Special Meetings will
likewise be governed by an agenda and rules of procedure
contained herein.
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6.2 Presentations b Members of Council: The agenda shall
provide a time when the mayor or any ounc member may bring be- i
fore the Council any business that he feels should be deliberated
upon by the Council. These matters need not be specifically
listed on the agenda, but discussion and formal action on such
matters shall be deferred until a subsequent Council meeting.
6.3 Presentation by Citizens: Any person who wishes to
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place a subject on the Council agenda shall advise the City
Manager's Office of that fact and the specified subject matter
which he desires to place on the agenda no later than 5:00 P.M.
Wednesday prior to the Council meeting at which he wishes the
designated subject to be considered. Any person who wishes to
address the Council without having made this preparation must
have the unanimous consent of the Council and will be scheduled
after all othEr regular business on the agenda has been com-
pleted. This rule does not apply to anyone appearing at a
public 'hearing in response to an official agenda notice.
6.4 Time Limit: Speakers before the Council are requested
to limit tFie r remar s to five (5) minutes or less.
6.5 Oral Presentations b Cit Manager: Matters requiring
the Council's attention or action which may have developed since
the deadline for delivery of the written communication to the
Council may be presented orally by the City Manager. If formal
Council action on a subject is required, such action may be taken
only if the provisions of the Texas Open Meetings Law have been
satisfied. ~i
6.6 Presentation of Proclamations: The agenda may provide
a time for the presentation of -pramations. The Mayor or pre-
siding officer may deliver and present proclamations upon the
request of citizens. Proclamations may encompass any activity
or theme except that proclamations with a theme religious or y.
partisan in nature shall not be presented. Moreover, procla-
mations shall not be used for any commercial or advertising
purpose.
7. CONSIDERATION OF ORDINANCES RESOLUTIONS AND MOTIONS
7.1 Printed or Typewritten Form: All ordinances and
resolutions e a be-presented to the Council in printed or
typewritten form. The Council may, by proper motion, amend any
ordinance or resolution presented to it and direct that the
amended ordinance be placed on the next Council Agenda for
adoption.
7.2 City Attorney to A rove: All ordinances, resolutions, 1
and contracts an amendments thereto, shall be approved as to
form and legality by the City Attorney, or he shall file his
written opinion on the legality of such ordinance, resolution or
contract prior to submission to the Council. (Charter, Section
6.02)
7.3 Distribution of Ordinances and Resolutions: The City
Mans gger s a prepare cop as o a propose or inances and J
resolutions for distribution to all members of the Council at i
the meeting at which the ordinance or resolution is introduced,
or at such earlier time as is expedient.
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7.4 Recording of Votes: The ayes and noes shall be taken
upon the passage o a ordinances and resolutions and the vote
of each member shall be recorded in the minutes. (Charter,
Section 2.06(b))
7.5 Majority Vote Required: An affirmative vote of four
(4) members is necessary to repeal any ordinance or take any
official action in the name of the City except as otherwise
provided in the Charter or by the laws of the State of Texas.
7.6 Demand for Roll Call: Upon demand of any member, the
roll shall -be called or yeas and noes upon any question before
the Council. It shall not be in order for members to explain
their vote during the roll call.
a
7.7 Personal Privilege: The right of a member to address
the Council on a quest ono personal privilege shall be limited
to cases in which his integrity, character, or motives are as- f
sailed, questioned, or impugned.
7.8 Dissenta and Protests: Any member shall have the
right to express dissent from or protest against any ordinance
or resolution of the Council and have the reason therefor entered
upon the minutes. Such dissent or protest may be filed in writ-
ins, and presented to the Council not later than the next regular
meeting following the date of passage of the ordinance or reso-
lution objected to.
7.9 Voting Re uired: No member shall be excused from
voting except for ck of information and except on matters
involving the consideration of his own official conduct, or
j where his personal interests are involved, and in these in-
stances he shall abstain. Any member prohibited from voting by
personal interest shall announce at the commencement of consid-
eration of the matter and shall not enter into discussion or
debate on any such matter. The member having briefly stated the
reason for his request, the excuse from voting shall be made
without debate. f
7.10 Order of Precedence of Motions: (a) The following
motions she have priority in the order ndicated:
1. Adjourn (when unqualified) and is not debatable
and may not be amended;
2. Take a recess (when privileged); t
3. Raise a question of privilege;
4. Lay on the table;
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5. Previous question (2/3 vote required);
6. Limit or extend limits of debate (2/3 vote
required);
7. Postpone to a certain time;
g. Commit or refer;
9. Amend;
10. Postpone indefinitely;
11. Main motion.
(b) The first two motions are not always privileged. To
adjourn shall lose its privilege character and be a main motion
if in any way qualified. To take a recess shall be privileged Y
only when other business is pending, $
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(c) A motion to adjourn is not in order:
1. When repeated without intervening business or
discussion;
2. When made as an interruption of a member while
speaking;
3. While a vote is being taken.
(d) Can be amended - others cannot be amended.
(e) A motion to amend shall be undebatable when the ques-
tion to be amended is undebatable. a
7.11 Reconsideration: A motion to reconsider any action of
the Counci caa a make not later than the next succeeding offi-
cial meeting of the Council. Such a motion can only be made by
a member whL voted with the majority. It can be seconded by any
member. In order to comply with the Texas Open Meetings Law, "
any Councilmember who wishes to make such a motion at a meeting ,
succeeding the meeting where the action was taken shall notify
the City Manager to place the item for reconsideration on the
Council agenda. No question shall be twice reconsidered, except
n
to anyncontractnmaytbefreconsideredl at any timeabefore theefinal
execution thereof. 3
7.12 The Previous uestion: When the previous question is
moved and secon e , t sus be put as follows: "Shall the main
PACE 9
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question be now put?". There shall then be no further amendment
or debate; but pending amendments shall be put in their order
before the main question. If the motion for the previous ques-
tion is lost, the main question remains before the Council. An
affirmative vote of three-fifths of the Council shall be required
` to move the previous question. To demand the previous question
is equivalent in effect to moving "that debate now cease, and the
Council immediately proceed to vote on the pending motion". In
practice, this is done with the phrase "Call for the Question",
or simply saying "Question".
7.13 Withdrawal of Motions: A motion may be withdrawn, or
modified, by its mover w t out asking permission until the motion
has been stated by the Presiding Officer. If the mover modifies
his motion, the seconder may withdraw his second. After the
question has been stated, the mover shall neither withdraw it
nor modify it without the consent of the Council. The subject
different from that under consideration shall be admitted under
color of amendment. A motion to amend an amendment shall be in
order, but one to amend an amendment to an amendment shall not
be in order.
7.15 Appropriations of Money: Before formal approval by
the C-ncil o mot one prow ng for appropriation of money,
infozf--Aon must be presented to the Council showing the purpose
of the appropriation. In addition, bofore finally acting on
such an appropriation, the Council shall obtain a report from
the City Manager as to the availability of funds and his recom-
mendations as to the desirability of the appropriation.
3
7.16 Transfer of A ro riations: At the request of the City
Manager, and withInn -the ast three (3) months of the budget ear,
the Council may by resolution transfer an unencumbered balance }
of an appropriation made for the use of one department, division,
or purpose; but no transfer shall be made of revenues or earnings
of any nontax supported public utility to any other purpose.
8. CREATION'Of COMMITTEES, BOARDS AND COMMISSIONS
8.1 Council Committees: The Council may, as the need
arises, aut or ze t e appo ntment of the "ad hoc" Council com-
mittees. Any committee so created shall cease to exist upon the
accomplishment of the special purpose for which it was created
or when abolished by a majority vote of the Council.
8.2 Citizen Boards Commissions and Committees: The
Council may create other Committees, oars an omm ssions to
assist in the conduct of the operation of the City government
with such duties as the Council may specify not inconsistent with
the City Charter or Code. Membership and selection of members
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shall be as provided by the Council if not specified by the City
Charter or Code. Any Committee, Board, or Commission so created
shall cease to exist upon the accomplishment of the special pur-
pose for which it was created, or when abolished by a majority
of the vote of the Council. No Committee so appointed shall have
powers other than advisory to the Council or to the City Manager,
except as otherwise specified by the Charter or Code.
8.4 Pules of Procedure: Board and Commission members shall
comply with the provisions of Article III of Chapter I of the
Code of Ordinances. Each board shall be provided a copy of these
rules of procedure and each advisory board shall adopt rules of
procedure governing the operation of its board, incorporating
Sections 2, 3, 5, and 7 hereof insofar as is possible.
9. VOTES REQUIRED
Questions on which the voting requirement is varied by the
Charter, State Statutes and these rules are listed below:
9.1 Charter and State Statutory Requirements:
I~ (a) Charter Amendment - Five Votes: Ordinances submitting
proposed Charter amendments must be adoppted by a two-thirds vote
of the Council. (Articla XI, Section 3, Texas Constitution and
Article 1165, Revised Civil Statutes). For a seven member
Council, this means five members must vote affirmatively, pro-
vided all members are qualified to vote.
(b) Le in Taxes - Five Votes: Ordinances providing for f
the assessment an co ect on o taxes require the approval of
two-thirds of the members of the Council. (Article 1033,
Revised Civil Statutes.)
(c) Chan in Paving Assessment Plans - Five Votes:
Changes in-plans or paving assessment require atwo-thirds vote
of the Council. (Article 1105b, Section 10, Revised Civil 9
Statutes.)
(d) Chan es in Zoning Ordinance or Zonin Classifications:
In cases o a wr tten protest o a change in a zoning regu at on
or zoning classification by the owners of twenty (20X) percent
or more either of the area of the lots included in such proposed
change, or of the lots immediately adjoining the same and ex-
tending two hundred feet (2001) therefrom, such amendment shall
not become effective except by the favorable vote of three-
fourths (3/4) of all members of the City Council. A vote of
three-fourths (3/4) of the City Council is required to override
the recommendation of the Planning and Zoning Commission that a
zoning change be denied. y
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10. RULES SUSPENSION OR AMENDMENT
10.1 Suspension of Rules: Any provision of these rules not
governed by the City Charter or Code may be temporarily suspended
by a majority vote of the Council. The vote on any such suspen-
sion shall be taken by yeas and noes and entered upon the record.
10.2 Amendment of Rules: These rules may be amended, or new r
rules adopted-by the affirmative vote of four (4) members of the
Council, provided that the proposed amendments or new rules shall
have been introduced into the record at a prior Council meeting. j
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11. SEVERABILITY CLAUSE
That if any section, subsection, paragraph, sentence, clause,
phrase or word in this ordinance, or application thereof to any t
person or circumstances is held invalid by any court of competent
jurisdiction, such holding shall not affect the validity of the
remaining portions of this ordinance, and the City Council of the
City of Denton Texas, hereby declares it would have enacted such
remaining portions despite arty such invalidity.
PASSED AND APPROVED this the day of ,
1990.
k
j s MAYM
j ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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BY:
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APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
RV✓L
BY.
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ORDINANCE NO. rl
AN ORDINANCE OF THE CITY OF DENTON, APPROVING A COMPROMISE
SETTLEMENT AND RELEASE AGREEMENT WITH DIANNE SCRUGGS; AND PROVIDING
1
FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the attached Compromise Settlement and
Release Agreement between the City of Denton and Dianne Scruggs,
providing for the settlement and compromise of the claim now
pending between the parties is approved in accordance with its
terms, and the City Manager is authorized to execute the agreement
and all othor documents and make the payments and take such action
as is necessary to comply with the terms of said agreement.
SECTION II. That this ordinance shall become effective
immediately upon its passage and approval.
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PASSED AND APPROVED this the _ day of , 1990.
RAY STEPHENS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
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THE STATE OF TEXAS 5 COMPROMISE SETTLEMENT
9 wf AND RELEASE OF ALL CLAI $
COUNTY OF DENTON §
1
For and in consideration of the sum of Twelve Thousand Nine
Hundred Seventeen and 59/100 Dollars ($12,917.59) in hand paid this
day in cash, the receipt and sufficiency of which is hereby
acknowledged, Dianne Scruggs does hereby release, acquit and
forever discharge the City of Denton, Texas and all other persons, k
firms or corporations, whether named herein or hot, his agents,
employees, family members and insurers, all and each of them, of
and from any and all actions, causes of action, claims (including
subrogation claims), and demands, damages, costs, loss of services, t
expenses and compensation on account of or in any way growing out f
of any and all personal injuries, pain and suffering, grief,
bereavement, loss of consortium and companionship, mental anguish,
loss of earning capacity and property damage, whether known or
unknown and whether heretofore asserted or not, resulting or to a
result from the collision which occurred on or about June 191 1989,
in which Dianne Scruggs does hereby agree to indemnify and save g
harmless the said City of Denton, Texas of and from all further
claims, including subrogation claims, demands, costs or expense
arising out of the injuries and damages she sustained as a result t
of said incident. a
The undersigned understands and agrees that the amount paid
under this agreement is in full satisfaction for all damages
arising on account of the above described incident and that she
will receive na further sums of money. The undersigned agrees to
not assert or prosecute any further claims or lawsuits therefore
against anyone whomsoever, whether or not herein or otherwise i
named, described or identified. Any and all claims against parties s
not specifically released herein, if any, are hereby assigned in +
full to the parties hereby released.
it is expressly understood and agreed that Dianne Scruggs has
already paid or will pay out of the aforementioned sus of Twelve
Thousand Nine Hundred Seventeen and 59/100 Dollars ($12,917.59) all
medical, doctors' and hospital charges received in the past or to
be incurred in the future and that she will defend, indemnify and
hold harmless the said City of Denton, Texas and all other persons,
firms or corporations, of and from any claims for such charges,
especially with reference to any liens under the Texas Hospital
Lien Law.
~Narr
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It is expressly warranted by Dianne Scruggs that no promise or
inducement has been offered except as herein set forthi that this
Release is executed without reliance upon any statement or
representation of any person or parties released to their
representatives, concerning the nature and extent of the injuries,
damages and legal liability thereforet that acceptance of the
consideration set forth herein is a full accord and satisfaction of
a disputed claim for which liability is expressly denied.
This document contains the entire agreement of the parties
hersto. The provisions of this release are contractual and not
more recitals.
WITNESS my hand this day of 1990.
f!!
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-AM A
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' Dianne Scruggs
Lloyd V. Harrell
THE STATE O! TEXAS
COUNTY OF DENTON i
This instr4ment was c wledged before me by Dianne Scruggs
on this the 1~, day of 1990.
N ry public, State of Texas
Hy Commission Expiresi
4
JEAMETIC SCOTT
Sot Ncth m nen a
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February 20, 1990
CITY COUNCIL
AGENDA ITEM
ti TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Lloyd Harrell, City Manager
R8: AGREEMENT FOR JOINT USE OF POLES WITH DENTON COUNTY ELECTRIC
COOPEP.ATIVE, INC., FOR LEWISVILLE HYDROELECTRIC PROJECT.
RECOMMENDATION:
The Public Utilities Board, at their meeting of February 13, 1990,
recommended to the City Council acceptance of the agreement for Joint
Use of Poles with Denton County Electric Cooperative, Inc., (DCEC►
j for Lewisville Hydroelectric project. The estimated cost to DCEC for
converting 1.145 miles of existing distribution line to double
circuit, plus removal of some poles during civil construction is
$62,600.
,F
C SUMMARY/BACKGROUND:
The Lewisville hydro project commercial operation is expected to be
in February of 1991. The City needs to enter into this agreement
with DCEC to transmit the hydro power generation to Brazos Electric
Substation in Lewisville through the DCEC pcwer poles.
` In this agreement, the City will own, design and construct at its own
I expense 1.7 miles of new single circuit 14.4/24.9 kv electric line of ,
f1 4/0 AAC from Point B at the Corps of Engineers existing gates to
Point C at the hydro plant as shown in Exhibit A. The line
construction shall be designed with necessary pole height and
strength for DCEC to construct future underbuild circuit.
DCEC shall convert the existing 1.145 miles of 4/0 AAC single circuit
14.4/24.9kv to 4/0 AAC double circuit from Point A at the Brazos
Electric Substation in Lewisville, Texas, to Point B at the Corps of
r Engineers gate as shown in Exhibit A.
The City shall pay DCEC a maximum of $68,900 for conversion and
removal/relocation of power poles from the hydro site during
construction. The estimated breakdown costs are listed below:
1. Convert 1.145 miles of single circuit to double
circuit 60,000
2. Removal/relocation of poles 21600
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PROGRAMSr DEPARTMENTS OR GROUPS AFFECTED
Electric costs for water and sewer rate payers, Electric Utility
Department for maintenance and operation.
FISCAL IMPACT.
The project is in the capital improvement Plan in the amount of
$30953,000. The unit will generate approximately 12,000,000 kwh
annually.
Respectfully submitted
ti
Lloyd Harrell, City Manager
APPROVED BY:
R. E. Nelson, Executive Director .f
Department of Utilities
Exhibit I: Joint Agreement
Ii: Ordinance +
III: Minutes PUB meeting of 2/13/90
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ORDINANCE NO.
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
1528b, REVISED CIVIL STATUTES OF TEXAS FOR THE JOINT USE OF WOOD
POLES IN LEWISVI'LLE, TEXAS; AND PROVIDING AN EFFECTIVE DATE.
i
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 Denton County Electric
Cooperative, Inc., an electric cooperative corporation organized
under Article 1528b, Revised Civil Statutes of Texas for joint
use of wood poles, under the terms and conditions contained in i
the a reement, a copy of which is attached hereto and made a part
hereof. }
SECTION 11. That the City Council hereby authorizes the ex-
pond turi~`-e of fu de not to exceed Sixty-night Thousand Nine Hundred t
($68,900) Dollars.
SECTION 1111 That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of , 1990. {j
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
}
BY:
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APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY., e., '.1oe
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A `CITY OF DENTONt
AGREEMENT FOR JOINT j
STATE OF TEXAS$ USE OF WOOD POLES Jrl
,-u) THIS AGREEMENT, dated as of the day of , 19_,
between the City of Denton, herninafter called "COD," and Denton
County Electric Cooperative, Inc., an electric cooperative i
corporation organized under Art. 1528b, Revised Civil Statutes of
Texas, having its principal office at Corinth, Denton County,
Texas, hereinafter referred to as "D.C.E.C."
W I T N E S S E T Ht
I
1. This Agreement shall apply to the joint use of wood i
poles("Poles") in Lewisville, Texas. The location of that
line to be used jointly is from Brazos Electric Substation
at 600 block of Jones Street (point A) going east to I
Denton's Hydroelectric Plant (point C) as shown in Exhibit 1
"A", a copy of which is attached hereto and reference to
which is made as if it were set forth herein.
2. The joint use of such Poles by each party and the facilities
of each party on the joint use Poles shall at all times be
in conformity with the requirements of the edition of the a,
National Electrical Safety Code ("NESC") in effect at the
time of original construction of the joint use facilities,
as well as with the requirements of that edition of NESC in
effect at the time of any major change, as defined by the
NESC, to existing joint use facilities, except where the
owner's specifications or the requirements of public x
authorities may be more stringent than the requirements of
the NESC, in which case the more stringent requirement shall
apply.
3. COD will oam, design and construct approximately 1.7 miles
of now single circuit 14.4/24.9 kv electric line of 4/0
AACon the Corps of Engineers property from point B at the
existing gate to point C at the Hydro Plant as shown in
Exhibit A. The line construction will be designed with
necessary pole height and strength for D.C.E.C to construct
future underbuild circuit.
Upon completion of such work, D.C.E.C. shall have the right
to construct, reconstruct, maintain and operate its electric
distribution facilities on the polos including crossarms,
conductors, transformers, fuse cutouts, disconnects, capac-
itors, reclosers and other equipment and related hardware.
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4. D.C.E.C will convert the existing a miles
of 4/0 AAA` single circuit L4.424.9prkv approximately %p 1AAC5double
circuit from point A at Brazos Electric Cooperative
Lewisville Substation to point 8 at the Corps of Engineers'
gate as ehown in Exhibit A. COD shall reimburse D.C.E.C.,
upon completion of conversion, for actual costs incurred to
complete this work. This is estimated to be approximately
Sixty Thousand Dollars ($60,000.00) but, shall, in no event
exceed Sixty-six Thousand Dollars ($66,000.00). COD shall
reimburse D.C.E.C., upon completion, for the cost of the
removal and relocation of power poles from the Hydro Plant
site during construction. This is estimated to be Two
Thousand Sir. Hundred Dollars ($2,600.00) but, shall, in no
event exceed Two Thousand Nine Hundred Dollars ($20900.00).
5. Both parties shall maintain the Poles which are the subject
of this Agreement in a safe and serviceable condition, and
shall replace such poles as they become defective. Each
party shall at its sole expense, place, replace, transfer,
rearrange and maintain all of its attachments to such Poles, a
including conductors, guys and anchors. Each party shall,
at its sole expense, perform any tree trimming or cutting
incidental to its use of such Poles. Each party will be
responsible for relocating the facilities it owns as
required for street or highway widening, street or highway
improvements or opening of new streets and highways. Should
it become necessary due to emergency or extraordinary
conditions affecting continuity of service or publio safety
for either party to repair the Pole(s) or the attachments
thereto of the other, the party making such repairs shall be
reimbursed for the reasonable costs incurred in making such r
repairs to the property of the other party.
6. This Agreement shall continue in effect for a period of
fifteen (15) years and shall continue thereafter unless and
until terminated by mutual agreement or by written notice
given by either party to the other at least one (1) year in
advance of the proposed date of termination, provided that
any obligations incurred which may extend beyond the
termination date will be honored. If either party deoides
to remove its attachments from such Pole(m), such party will
offer to sell such Pole(s) to the other party at a price
equal to original cost less depreciation. Each party shall,
within sixty (60) days after receipt of such offer, either
buy such Pole(s) or remove all of its attachments from such
Pole(s).
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7. whenever any liability is incurred by either or both of the
parties hereto for damages to the property for.either party
or of other persons, or' for injuries (including death) to
other persons (except the employees of either party),
arising out of the joint use of Poles under this Agreement,
or due to the proximity of the wires and fixtures of the
parties hereto attached to the Poles covered by this
Agreement, the liability for such damages, as between the
parties hereto, shall be as followss
A. Each party shall be liable for and shall indemnify the
other for all damages to property and injuries
(including death) to persons caused solely by its
negligence, or solely by its failure to comply at any
time with the terms of this agreement.
8. Except as provided in A above, assessment of liability
to third parties for damages to property and for
personal injuries (including death), as between the
parties hereto, shall be in accordance with the laws of
the State of Texas. ry
C. in the event either party receives a claim or service {
on a suit for damages alleged to have been caused, in
whole or in part, by the party's use of the poles
referenced in this Agreement, such party shall notify 3
the other party of such claim or suit within 30 days of
receipt of the claim.
8. This agreement is entered into for the sole benefit of the j
Parties hereto and nothing in this agreement shall be
construed as giving any rights, benefits, remedies or claims
1 to any person, firm, corporation or other entity, other than
the parties hereto.
EXECUTED on the day and year first written above.
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ATTESTS DENTON COUNTY ELECTRIC r
COOPERATIVE, INC.
BYI
ecretary Bill McGinnis,
General Manager
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ATTESTi CITY OF DENTON
BYt _
Jtnnitsr Halters, Ray Staphsns, Nayor
City Secretary
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EXCERPT
MINUTES OF PUBLIC UTILITIES BOARD MEETING
February 13, 1990
I
5. CONSIDER AGREEMENT FOR JOINT USE OF POLES WITH DENTON
COUNTY ELECTRIC COOPERATIVE INC., FOR LEWISVILLE
{ HYDROELECTRIC PROJECT.
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Tullos reviewed the costs and location maps once again
with the Board. Thompson asked if there would be t
problem.3 with having our lines on the same poles with
DECC. Tullos stated there is no difference than our t
having a eouble circuit on our poles. Double circuits on
poles are not an uncommon situation. The Legal
Department has reviewed this contract.
Thompson made a motion to approve subject agreement.
Second by Frady. All ayes, no nays, moti0si carried.
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ORDINANCE NO.
AN ORDINANCE AUTHORISING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN
THE CITY OF DENTON AND THE NORTH TEXAS FAIR ASSOCIATION FOR THE
PAYMENT AND USE OF HOTEL TAX REVEHUEI AND PROVIIING AN EFFECTIVE
res9' DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSS
SECTTI N That the Mayor is hereby authorized to execute an
agreement between the City of Denton and the North Texas Fair
Association for the payment and use of hotel tax revenue, under the
terms and conditions contained in the agreement, a copy of which is
attached hereto and made a part hereof.
i
gECTION II. That the City Council hereby authorizes the
expenditure of funds as set forth in the agreement.
SECTION III. That this ordinance shall become effective
immediately upon its passage and approval.
PASSIT AND APPROVED this the - day of , 1940.
w
RAY STEPHENS, MAYOR
ATTESTS
JENNIFER WALTB.RS, CITY SECRETARY ~
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BY I
APPROVED AS TO. LEGAL FORMS
DEBRA ADAMI'DRAYOVITCH, CITY ATTORNlY
BY: y a6 .
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740ASMUNT es'ca M TS= CITY OF DRSTON AND
THS NORTR TIZAS FAIR ASSOCIATION! 1
PROVIDING FOR TNNE PAYKSNIT AND USX OF SOTSL TAX REVSKOS
This Agreement made between the City of Denton, Texas, a
municipal corporation (the "City"), and the North Texas Fair
Association, a non-profit corporation of the State of Texas (the
"Association")3
WHEREAS, V.T.C.S., Tax Code 9351.0020 authorizes the city to
levy by ordinance a municipal hotel occupancy tax ("hotel tax") not
exceeding seven percent (78) of the consideration paid by a hotel
occupanty and
WHEREAS, by Ordinance No. 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 (74)t and
WHEREAS, V.T.C.S., Tax Code 9351.101 (a), authorizes the City
to use revenue derived from its hotel occupancy tax to promote
tourism and the convention and hotel industry by advertising and
conducting solicitations and promotional programs to attract
tourists and convention delegates or registrants to the
municipality or its vicinityt and
WHEREAS, the associatioa is wall equipped to perform the 1
authorized activities and services on behalf of the Cityt
NOW, THEREFORE, in consideration of the performance of the
mutual agremments contained herein, the City and the association
agree as followst
XOTSL TAX RSII M PaY1RSK S
! A. Cong14erstiou, in consideration of the services to be
performed by the association, the City agrees to pay the
Association, during 1990, from hotel tax revenue collected by the
! Clty the sum of money equal to the amount of hotel tax revenue
' received by the City from the hotel tax at a rata of one percent
(i4) of the cost of a room. During 1991, the City shall pay to
Association a sum equal to the amount of hotel tax revenue received
by the City at a rate of ninety-eight percent (984) of one percent
(14) of the cost of a room. For the years 19920 1993 and 1994,
City agrees to pay Association a sum equal to the amount of hotel
tax revenue received by City at a rate of ninety-five percent (954)
of one percent (i1) of the cost of a room. As used in this
paragraph, "hotel tax revenue" shall mean the monies collected by
the city resulting from the City's assessment of a municipal hotel
occupancy tax a■ authorized by V.T'.C.S., Tax Code 051.002, after
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Y deducting the following: J
(1) Any monies expended by the City for the collection of it
delinquent hotel tax assessments, including attorneyes fees
and court cost;
(2) The reasonable expenses, including the cost of personnel,
incurred by the City to perform an audit of any parson
responsible for collecting hotel tax assesaments; and
(3) The amount of any reimbursement made by the City to any
person for the cost of collecting the hotel tax, as authorized
by V.T.C.S., Tax Code 5351.004.
1
Be Dates of Payments The annual payments shall be made in
quarterly installments on or before the 45th day following the end
of each quarter. The respective quarters will end on the last day
of March, June, September, and December of each year. The first t
payment under this Agreement shall be made on or before May 15,
1990. Should the City amend the Code of Ordinances of the City of
Denton to require hotel operators to remit the hotel occupancy tax
monthly, city shall pay Association monthly, on or before the 45th
day following the and of each month. J
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Von OF ROTSL TAX RVVW = 1
he Use of nags. In consideration of the Cityls payment to
the Association of the hotel tax revenue provided herein, the {
Association agrees to use the funds only for the purpose advertising and conducting solicitations and promotionarograms
to attract tourists and convention delegates or registrants to the r
City of Denton or its vicinity, as authorized by V. T.C.S., Tax Code
1351.101(x)(3)6
hi. AdmAntstrative Costs. The hotel tax revenue paid to the
Associationd lender this Agreement may be spent for day-to-day
operations, supplies, selaries, office rental, travel expenses, and
other administrative costs only if those administrative costs are
incurred directly in performing the activities authorized by this
Agreement. If the Association conducts other aotivities for which
the hotel tax revenue paid by the city are not specifically
authorized under this Agreement, the portion of the total
administrative costs of the Association for which hotel occupancy
tax revenue may be used shall not exceed the portion of those
administrative costs actually incurred in conducting the activities
for which the hotel occupancy tax rosvenue may be used under this
Agreement.
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O. Travel Expenses. Hotel tax revenue paid by the City to the
Association shall not be spent for travel for any person to attend
any event or conduct any 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.
D. Notice of Meetings. The Association shall give the City
Manager of the City written notice, at least five days in advance,
of the time and place of any meeting of the governing body of the
Association, which shall be open to the City manager or his or her J
designee. 1
III.
RECORD 1®EPINO AND REPORTING REQUIRMUMS
A. Budgets On or before July 31, 1990, and on or before the
same date of each successive year during the term of this
Agreement, the Association shall prepare and submit ar annual
budget to the. City Council. City shall not pay any hotel tax
revenue under this Agreement until and unless the city council
first approves in writing the Association's annual budget which
provides for the use of those funds to be paid by City. The
approval by the City Council of the City of the annual budget of
the Association creates a fiduciary duty in the Association with
respect to the hotel tax revenue provided by the City to the
Association under this Agreement.
no Accounts. The Association shall maintain any hotel tax ,
revenue received from the City in a separate account established
for that purpose and shall not commingle that revenue with any
other money or maintain it in any other account. The Association
shall maintain complete and accurate financial records of each
expenditure of hotel tax revenue on at least a monthly basis and
shall make the records available for inspection and review by the
City's Executive Director of rinance or his or her designee upon i
request.
o. Reimbursements In the event of the termination of this
Agreement, the association shall submit to the City a statement
showing any expenses incurred by it for the present quarter in
which the termination takes place and the City agrees to reimburse
the Association, during that quarter, an amount equal to the lesser
of the expenses incurred by the Association during that quarter or
the amount they would normally be eligible to receive under the
terms of this Agreement for that quarter. The City also realizes
that the Association may have committed itself to pay expenses for
authorized activities that will occur after the termination of this
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Agreement, and the City agrees to reimburse the Association for
such expenses up to the cumulative sum of $1,ooo.06, subject to the
total maximum payment provided for in this Agreement.
} D. Reports. within thirty days after the end of every
quarter, the Association shall furnish to the city a erformance
report of the work performed under this Agreement, in the form
determined by the City Manager, describing the activities performed
under this Agreement during that quarter. The association promptly respond to an nager of the shall
for additional information relating to the
the a tivities performedd
under this Agreement.
IV.
ZYCRUITY
f
The association agrees to indemnify, hold harmless, and defend
the City, its officers, agents, and employees, from and against all
claims or suits for injuries, damage, loss, or liability of
whatever kind or character arising out of or in connection with
this Agreement.
V. '
TZRX AND TRRMINATIaM
A. Term. The term of this Agreement shall be for a period of 7
five years, commencing on January 1, 1990 and ending on December
f 31, 1994.
!EE Terminations This Agreement may be terminated by either
party giving written notice to the other at least ninety (90) days
"If prior to the date of termination. This Agreement shall
automatically terminate upon occurrence of any of the following t
events:
(1) The termination of the corporate existence of the
Associations
(Z) The insolvency of the Association, the filing of a {
4 petition in bankruptcy, either by or against the
Association, or an assignment by the Association for the 3
benefit of creditorst or
(3) The breach by the Association of any of the terms and
conditions of this Agreement and the continuation of the
breach for a period of ten (10) days after written
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notice is given by the city to the Association of such
breach.
VI.
XIBCXLLANNOUS PROVISIONS
A. Independent Contractor. The association 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 Association shall have exclusive control of its
operations hereunder and the persons performing the same and the
association shall be solely responsible for the acts and omissions
of its officers, employees, and agents. The Association shall not
be considered a partner or joint venturer with the City, nor shall
the Association be considered nor in any manner hold itself out as
an agent or official representative of the City.
e. Assignment. The Association o all not assign this
agreement without first obtaining the written consent of the City.
C. Notice. Any notice required to be given under this
Agreement shall be effective if and when given in writing and
deposited in the United States Mail, certified or registered mail,
return receipt requested, on the date so deposited and addressed to 1
I the respective parties as followsi
pf•~y Association ~
i
City Manager President
City of Denton North Texas Pair Assooiation
215 East McKinney P. 0. Box 1695
Denton, Texas 76201 Denton, Texas 76202
D. successors. This Agreement shall be binding upon the
successors and assigns of the respective parties.
Y. savis4 Agreement. This written instrument contains the
entire agreement between the parties, and neither party has relied
on any prior or contemporaneous representations, either oral or
written, that are not contained in this Agreement.
1. Application of Lars. All the ter-ss, conditions and
stipulations of this agreement are subject to all applicable
federal laws, state laws, the Charter of the City of Denton, all
ordinances passed pursuant thereto and all judicial determinations
relative thereto.
EXECUTED on this the day of , 1990. i
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CITY OF DENTONt TEXAS
BYs
RAY STEPRE58, MAYOR
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ATTEST:
JENNIFER NALTERSr CITY SECRETARY r
BYl
APPROVED AS TO LEGAL FORM
DEBRA ADAM DRAYOVITCH, CITY ATTORNEY
NORTH TEXAS FAIR ASSOCIATION
BY:~ 1
JAMES RODEH~ PRESIDENT
ATTEST:
SECRETARY ~
fair
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S
ORDINANCZ NO.
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN
THE CITY OF DENTON AND THE DENTON COUNTY HISTORICAL FOUNDATION FOR
THE PAYMENT AND USE OF HOTEL TAX REVENUE! AND PROVIDING AN
EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSC
a~
gEI=IQg_,• That the Mayor is hereby authorized to execute an
agreement between the City of Denton and the Denton County
Historical Foundation for the payment and use of hotel tax revenue,
under the terms and conditions contained in the agreement, a copy 1
of which is attached hereto and made a part hereof.
ssr ION IL That the City Council hereby authorizes the
expenditure of funds as sat forth in the agreement.
SECTION III. That this ordinance shall become effective
immediately upon its pass.sge and approval. ;t
PASSED AND APPR07ED this the day of , 1990.
I a
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~ RAY STEPHENS8 MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BYs
APPROVED AS TO LEGAL FORMS
l DEBRA ADAMIDRAYOVITCH, CITY ATTORNEY s
BY I kUXA)
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DCHF.ord
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AGREEMENT BETWEEN THE CITY OF DENTON AND
THE DENTON COUNTY HISTORICAL FOUNDATION
PROVIDING FOR THE PAYMENT AND USE OF HOTEL TAY REVENUE J
This Agreement made between the City of Denton, Texas, a 1
municipal corporation (the "City"), and the Denton County
Historical Foundation, a non-profit corporation of the State of
Texas (the "Foundation"):
WHEREAS, V.T.C.S., Tax Code 5351.0020 authorizes the City to
levy by ordinance a municipal hotel occupancy tax ("hotel tax") not
exceeding seven percent (71) of the consideration paid by a hotel
occupants and
WHEREAS, by Ordinance No. 86-67, the City has provided for the
assessmnnt and collection of a municipal hotel occupancy tax in the
City of Denton of seven percent (71)t and
WHEREAS, V.T.C.S., Tax Code 5351.101 (a), authorizes the City
to use revenue derived from its hotel occupancy tax to prowote
tourism and the convention and hotel industry by performing
historical restoration and preservation projects or activities or y
advertising and conducting solicitations and promotional programs
to encourage tourists and convention delegates to visit preserved
historic sites or museums located in the City of Denton or its
vicinity that would be frequented by tourists, convention
delegates, or other visitors to the City of Dentoni and
WHEREAS, the Foundation is well equipped to perform those
services and activitiest #
NOW, THEREFORE, in consideration of the performance of the
mutual agreements contained herein, the City and the Foundation
agree as follows:
1.
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. HOTEL TAY REVENUE PAYNENTA
A. Consideration. In consideration of the services to be
performed by the Foundation, the City agrees to pay the Foundation
annually from hotel tax revenue collected by the City a sum of
money equal to the amount of hotel tax revenue received by the City
from the hotel tax at a rate of twelve hundredths of one percent
(0.121) of the co=ot of a room. During 1991, City agrees to pay
Foundation a sum equal to the amount of hotel tax revenue received j
by the City at a rate of ninety-eight percent (981) of twelve
hundredths of one percent (0.121) of the cost of a room. For the
years 1992, 1999, and 1994, city agrees to pay Foundation a sum
equal to the amount of hotel tax revenue received by the City at a
rate of ninety-five percent (951) of twelve hundredths of one
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percent (0.124) of the cost of a room. As used in this paragraph,
"hotel tax revenue" shall mean the monies collected by the City
resulting from the Cityls asseesment of a municipal hotel occupancy
tax as authorized by V.T.C.S., Tax Code $351.002, after deducting
the following:
(1) Any monies expended by the City for the collection
of delinquent hotel tax assessments, including attorney's
fees and court coati
am (2) The reasonable expenses, including the cost of
personnel, incurred by the City to perform an audit of
any person responsible for collecting hotel tax
assessmentst and
(3) The amount of any reimbursement made by the City to
any person for the cost of collecting the hotel tax, as
authorized by V.T.C.S., Tax Code $351.004.
s. Dates of Payments. The annual payments shall be made in
quarterly installments on or before the 45th day following the end
of each quarter. The respective quarters will end on the last day
of March, June, September, and December of each year. The first
payment under this Agreement shall be paid on or before May 15,
1990. Should the City amend the Code of Ordinances of the City of
Denton to require hotel operators to remit the hotel occupancy tax
monthly, City shall pay Foundation monthly, on or about the 45th
day following the end of each month.
lie
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UBE OF NOTRL TAY REVEIMS
A. Use of lundsa In consideration of the City's payment to
the foundation of thn hotel tax revenue provided herein, the 1
Foundation agrees to use the funds only for the purpose of
performing historical restoration and preservation projects or
activities of advertising and conducting solicitations and
promotional programs to encourage tourists and convention delegates
to visit preserved historic sites or museums located in the City of
Denton or its vicinity that would be frequented by tourists,
convention delegates, or other visitors to the City of Denton, as
authorized by V.T.C.S., Tax Code $351.101(x)(5). Before receiving
the first payment due under this Agreement, the City shall appoint
one representative from the City Council to the Foundationts Board s
as a voting member of the Board.
No Administrative Costs, The hotel tax revenue paid to the
Foundation under this Agreement may be spent for day-to-day
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operations, supplies, salaries, office rental gavel expenses, and
other administrative costs only if those administrative costs are
incurred directly in performing the activities authorized by this
Agreement. If the Foundation conducts other activities for which
the hotel tax revenue paid by the City are not specifically
authorized under this Agreement, the portion of the total
administrative coats of the Foundation for which hotel occupancy
tax revenue may be used shall not exceed the portion of those
administrative costs actually incurred in conducting the activities
for which the hotel occupancy tax revenue may be used under this
Agreement.
Co Travel Expensese Hotel tax revenue paid by the City to the
Foundation shall not be spent for travel for any person to attend
any event or conduct any 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 person0s job in an
efficient and professional manner.
D. Notice of Meetings. The foundation shall give the City
Manager of the City written notice, at least five days in advance,
of the time and place of any meeting of the governing body of the
Foundation, which shall be open to the City Manager or his or her
designee.
III.
RECORD IIEEPINd AND RBPORTIN4 R=QCIRBMENTS
As Budgets On or before July 31, 1990, and on or before the
same date of each successive year during the term of this
Agreement, the Foundation shall prepare and submit an annual budget
to the city Council. City shall not pay any hotel tax revenue
otherwise due under this Agreement until and unless the City
council first approves in writing the Foundation's annual budget
which provides for the use of those funds to be paid by the City.
The approval by the City Council of the Cit of the annual budget
of the foundation creates a fiduciary duty Tn the Foundation with
respect to the hotel tax revenue provided by the City to the
foundation under this Agreement.
B. Accounts. The foundation shall maintain any hotel tax
revenue received from the City in a separate account established
for that purpose and shall not commingle that revenue with any
other money or maintain it in any other account. The Foundation
shall maintain complete and accurate financial records of each
expenditure of hotel tax revenue on at least a monthly basis and
shall make the records available for inspection and review by the
City's Executive Director of Finance or his or her designee upon
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request. J
C. Reiaburseaent. In the event of the termination of this 1
Agreement, the Foundation shall submit to the City a statement
showing any expenses incurred by it for the present quarter in
which the termination takes place and the city agrees to reimburse
the Foundation, during that quarter, an amount equal to the lesser
of the expenses incurred by the Foundation during that quarter or
the amount they would normally be eligible to receive under the
terms of this Agreement for that quarter. The City also realizes
that the Foundation may have committed itself to pay expenses for
authorized activities that will occur after the termination of this
Agreement, and the city agrees to reimburse the Foundation for such
expenses up to the cumulative sum of $1,000.00, subject to the
j total maximum payment provided for in this Agreement.
D. Reports. Thirty days after the and of every quarter, the
Foundation shall furnish to the City a performance report, in the
form determined by the City Manager, describing the activities
performed under this Agreement during that quarter. The Foundation
shall promptly respond to any request from the City Manager of the
city for additional information relating to the activities
performed under this Agreement. '
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INDRUNITY
The Foundation agrees to indemnify, hold harmless, and defend
the City, its officers, agents, and employees, from and against all
claims or suits for injuries, damage, lass, or liability of
whatever kind or character arising out of or in connection with
this Agreement.
v. 1
TDRB AMD TIANIVATI011
A. Term, Ph* term of this Agreement shall be for a period of
five years, co+,Uaencing on January i, 1990 and ending at midnight '
December 31, 1994, j
D. Terailition. This Agreement may be terminated by either
party giving written notice to the other at least ninety (90) days
prior to the date of termination. This Agreement shall
automatically terminate upon occurrence of any of the following
eventsi
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{2) The termination of the corporate existence of the
Foundation,
(2) The Insolvency of the Foundation, the filing of a
petition in bankruptcy, either by or against the
Foundation, or an assignment by the Foundation for the
benefit of creditors; or
(3) The breach by the foundation of any of the terms and
conditions of this Agreement _ad the continuation of the
breach for a period of ten (10) days after written notice
is given by the City to the Foundation of such breach.
Vr.
KINCILLUMOUS PAOVrirOXS
A. independent contractor. The Foundation 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 Foundation shall have exclusive control of its
operations hereunder and the persons performing the same and the
Foundation shall be solely responsible for the aots and omissions
of its officers, employees and agents. The Foundation shall not be
Foundation be consideredD;or iventurer n any manner with
t hold i Itselnor f out lalstan
agent or official representative of the City.
Be Assignment. The Foundation shall not assign this agreement
without first obtaining the written consent of the City.
C. xotioe. Any notice required to be given under this
Agreement shall be effective if and when given in writing and
deposited in the United States Mail, certified or registered mail,
return receipt requested, on the date so deposited and addressed to
the respective parties as follows;
Q"Y lore- d~ alien
City Manager Chairman, Board of Trustees
City of Denton Dorton County Historic Foundation
215 East McKinney P, 0. Box 7800
Denton, Texas 76201 Denton, Texas 76201
D. successors. This Agreement shall be binding upon the
successors and assigns of the respective parties.
entire Agreement, This written instrument contains the
entire agreement between the parties, and neither party has relied
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either oral or ~
written prr or that are c not contained s in representations*
this Agreement.
r. Application of Laws. All the terms, conditions and '
stipulations of this agreement are subject to all applicable
federal laws, state laws, the Charter of the City of Denton, all
ordinances passed pursuant thereto and all judioial determinations
relative thereto.
EXECUTED on this the day of , 1990.
t
a.
CITY OF DENTON$ TEXAS
.J
BY:
RAY STEPHENS, MAYOR
ATTRSTI
JENNIFER WALTERS, CITY SECRETARY
BYt.. -
APPROVIM AS TO LEGAL FORMt
DEBRA ADANI DRAYOVITCH, CITY ATTORNEY
k
SYa--
DENTON COUNTY HISTORICAL FOUNDATION
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ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN
THE CITY OF DENTON AND THE DENTON COUNTY HISTORICAL MUSEUM FOR THE
PAYMENT AND USE OF HtWEL TAX REVENUE; AND PROVIDING AN EFFECTIVE
DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SZQjION i. That the Mayor is hereby authorized to execute an
agreement between the City of Denton and the Denton County
Historical Museum for the payment and use of hotel tax revenue, t
under the terms and conditions contained in the agreement, a copy
of which is attached hereto and made a part hereof.
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SECTION 11, That the City Council hereby authorizes the
expenditure of funds as wet forth in the agreement.
SECTION III. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the ` day of , 19906
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RAY STEPHENS$ MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By l i s
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI bRAYOVITCB, CITY ATTORNEY
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AORNEMENT SSTREEN TEE CITY OY DENTON AND
TEE D13MY COUNTY RISTORICAL MUSEUM
k PROVIDING FOR TEE PAYMENT AND 082 OY MOTEL TAX REVENUE
I This Agreement made between the City of Denton, Texas, a
vsv municipal corporation (the "City"), and the Denton County
Historical Mueseum, a non-profit corporation of the State of Texas
(the "Museum."):
WHEREAS, V.T.C.S., Tax Code 1351.002, authorises the City to
levy by ordinance a municipal hotel occupancy tax ("hotel tax") not
exceeding seven percent (74) of the consideration paid by a hotel
occupants and i
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assessment ~andbcollection of a municipal hotel occupancy tax for
the
city of Denton of seven percent (74)1 and
WHEREAS, V.T.CS., Tax Coda 9351,101 (a), authorizes the City
to use revenue derived from its hotel occupancy tax to promote
tourism and the convention and hotel industry by performing
historical restoration and preservation projects or activities or
advertising and conducting solicitations and promotional programs
to encourage tourists and convention delegates to visit preserved
historic sites or museum■ located in the City of Denton or its
vicinity that would be frequented by tourists, convention
delegates, or other visitors to the City of Dentonl and
V I WHEREAS, the Museum is well equipped to perform those services
and activitiest
mutual a
i THEREFORE# in consideration of the Rcontined herein, the City and the Museum agree
as follows:
E NOTEL TAX REVENUE PAYMENTS
A. Consideration. In consideration of the services to be
perfoi'msd by the Museum, the City agrees to pay the museum, during
I 1990, from hotel tax revenue collected by the City a sum of money
equal to the amount of hotel tax revenue received by the city from
the hotel tax at a rats of eighty-eight hundredths of one percent
(0.084) of the cost of a room. For the year 1991s City agrees to
pay Museum a sum equal to the amount of hotel tax revenue received
by the City at a rate of ninety-eight percent (901) of eighty-eight
l hundredths of one percent (0.084). For the years 1992, 1993, and
1994, City agrees to pay Museum a sum equal to the amount of hotel
tax revenue rsceive4 by the City at a rate of ninety-five percent
(904) of eight-eight hundredths of one percent (0,801) of the cost
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of a room. As used in this paragraph, "hotel tax revenue" shall
mean the monies collected by the City resultinq from the City's
assessment of a municipal hotel occupancy tax as authorized by
V.T.C.S., Tax Code 5351.002, after deducting the followings
(1) Any monies expended by the City for the collection
of delinquent hotel tax assessments, including attorney's
fees and court cost!
I
The reasonable expenses, including the cost of
personnel, Incurred by the City to perform an audit of ~
any person responsible for collecting hotel tax
assessmentst and
(3) The amount of any reimbursement made by the City to
any person for the cost of collecting the hotel tax, as
i authorized by V.T.C.S., Tax Code 5351.004.
s. Dates of Payment. The annual payments shall be made in
quarterly installments on or before the 45th day following the end
of each quarter. The respective quarters will and on the last day 1J
of March, June, September, and December of each year. The first
payment under this Agreement shall be paid on or before May 150
1990. Should the uity amend the Code of Ordinances of the City of
Denton to require hotel operators to remit the hotel occupancy tax
on a monthly basis, City shell pay Museum monthly on or before the
45th day following this end of each month.
Of! Of ftOTAL TAX Ili'ffllCf
As Use of nude. In consideration of the Cit is payment to t
the Nuseum of the hotel tax revenue provided herein, the museum
agrees to use the funds only for the purpose of performing
historical restoration and preservation projects or activities or
advertising aqd conducting solicitations and promotional programs {
to encouragqe-tourists and convention delegates to visit preserved
historic aitas or museums located in the City of Denton or its
vicinity that would be frequented by tourists, convention
delegates, or other visitors to the City of Denton, as authorized
by V.T.C.S.f Tax Code 5351.101 (a)(5)6
P. administrative Costs. The hotel tax revenue paid to tha
museum under this Agreement may be spent for day-to-day operations,
supplidsf salaries, office rental, travel expenses, and other
administrative costs only if these administrative costs are
incurred directly in performing the activities authorized by this
Agreement. If the museum conducts other activities for which the
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y hotel tax revenue paid by the City are not specifically authorized
under this Agreement, the portion of the total administrative costs
of the Museum for which hotel occupancy tax revenue may be used
shall not exceed the portion of those administrative costs actually
incurred in conducting the activities for which the hotel occupancy
tax revenue may be used under this Agreement.
C. Travel expenses. Hotel tax revenue paid by the City to the
Museum shall not be spent for travel for any person to attend any
event or conduct any activity the primary purpose of which is not
r= 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.
Df Notice of Meetings, The foundation shall give the City
Manager of the City written notice, at least five days in advance,
of the time and place of any meeting of the governing body of the
Museum, which shall be open to the City Manager or his or her
J designee.
i 222.
RECORD EEEPIKG AMD REPORTING RIQOIREMEM 8
A, Budgets on or before July 31, 1990, and before the same
date of each successive year during the tern of this Agreement, the
Museum shall prepare and submit an annual budget to the City
Council. City shall not pay any hotel tax revenue otherwise due
under this Agreement until and unless the City Council first
i approvas in writing the Museum's annual budget which provides for
the use of the funds to be paid by the City. The approval by the
City Council of the City of the annual budget of the Museum creates
a fiduolary duty in the Museum with respect to the hotel tax
revenue provided by the City to the Museum under this Agreement.
as Aoooustss The Museum shall maintain any hotel tax revenue
received frgm.the City in a separate account established for that
purpose an& shall not commingle that revenue with any other money i
or maintain it in any other account. The Mass= shall maintain
complete and accurate financial records of each expenditure of
hotel tax revenue on at least a monthly basis and shall make the
records available for inspection and review by the City's Rxeoutive
Director of Finance or his or her designee upon request.
as Reimbursements in the event of the termination of this
Agreement, the Muaeum shall submit to the City a statrement showing
any exponses incurred by it for the present quarter in which the
termination takes place and the City agrees to reimburse the
museum, during that quarter, an amount equal to the lesser of the
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theynwouldn normally be al giMuse during kilo to receive a under the terms of amount
Agreement for that quarter. The City also realizes that the Museum
may have committed itself to pay expenses for authorized activities
that will occur after the termination of this Agreement, and the
City agrees to reimburse the Museum for such expenses up to the JII
cumulative sum of $1, 00.00, subject to the total maximum payment 1
provided for in this Agreement.
Ds Reports. Thirty days after the and of every quarter, the
Museum shall furnish to the City a performance repport in the form
determined by the city Manager, describing the activities performed
under this Agreement during that quarter. The Museum shall
promptly respond to any request from the City Manager of the City
for additional information relating to the active
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this Agregiment. W rmed
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The Museum agrees to indemnify# hold harmless, and defend the
Cit , its officers, agents, and employees, from and against all
clams or suits for injuries, damage, loss, or liability of
whatever kind or character arising out of or in connection with
this Agreement.
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AND vs
URM AND TI MINATZCM
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A, form. The term of this Agreement shall be for a period of
five years, commencing on January If 1990 and ending on December r
31, 1994.
Be ?exsinatioa. This Agreement may be terminated by either
party giving written notice to the other at least ninety (90) days
prior to -04 date of termination. This Agreement shall '
automatically terminate upon occurrence of any of the following j
evental
(1) The termination of the corporate existence of the
Museumt
(1) The insolvency of the Museum, the filing of a
petition in bankruptcy, either by or against tho Museum,
or an assignment by the Mussum for the benefit of
creditorst or
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(I) . The breach by the Museum of any of the terms and
conditions of this Agreement and the continuation of the
breach for a period of ten (10) days after written notice
is given by the City to the Museum of such breach.
a,t
VI.
MISCULAVIOCS PROVISIOWS
A. Independent Contractor. The Museum 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 Museum shall have exclusive control of its
operations hereunder and the persons performing the same and the
Museum shall be solely responsible for the acts and omissions of
its officers, employees, and agents. The Museum shall not be
considered a partner or joint venturer with the City, nor shall the
Museum be considered nor in any manner hold itself out as an agent
or official representative of the City.
D. Assignment. The Museua shall not assign this agreement
without first obtaining the written consent of the City.
C. Notice. Any notice required to be given under this
Agreement shall be effective if and when given in writing and
deposited in the United States Mail, certified or registered mail,
return receipt requested, on the date so deposited and addressed to
the respective parties as followsi
city Manager Chairman, board of Trustees
City of Denton Denton county Historic Museum
218 East McKinney Courthouse on the Square
Denton, Texas 76201 Denton, Texas 76201
D. successors. This Agreement shall be binding upon the
successor*41fid assigns of the respective parties.
i
No satire Agrament. This written instrument contains the
entire agreement between the parties, and neither party has relied
on any prior or contuporaneoui representations, either oral or
written, that are not contained in this Agreaent.
to Applieatiom of Laws. All the terms, conditions and
stipulations of this agreement are subject to all applicable
federal laws, state laws, the charter of the City of Denton, all
ordinances passed pursuant thereto and all judicial daterminations
relative thereto.
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EXECUTED on this the day of
1990.
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CITY OF DENTON, TEXAS t
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BY $
RAY STEPHRMS, MAYOR
ATTESTr
JENNIFER WALTERS, CITY SECRETARY
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APPROVED AS To LEGAL FORNt
DEBRA ADAMI DRAYOVITCH* CITY ATTORNEY
BY S.
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1 DENTON COUNTY HISTORICAL MUSEUM
BYr
CLOTH as VA GHE, RMAN,
BOARD OF TRUSTESS
ATTESTt
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ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN
THE CITY OF DENTON AND THE DENTON CHAMBER OF COMM.*.RCE FOR THE
PAYMENT AND USE OF HOTEL TAX REVENUE! AND PROVIDING AN EFFECTIVE
DATE.
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 Denton Chamber of
Commerce for the payment and use of hotel tax revenue, under the
terms and conditions contained in the agreement, a copy of which is
attached hereto and made a part hereof.
SECTION II. That the City Council hereby authorizes the
expenditure of funds as set forth in the agreement.
SECTIQH 111, That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of , 1990.
RAY STEPHENS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
_
BY,
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI'DRAYOVITCH, CITY ATTORNEY
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BY:
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AoREaNENT BETWEEN THE CITY OF DENTON AND
THE DENTON CKhnXR or CON MMI
f PROviorm FOR THE FAY3MNT AND Q92 OF HOTEL TAI RM3rU2
i4 This Agreement made between the City of Denton, Texas, a
municipal corporation ("the City"), and the Denton Chamber of
Commerce, a non-profit corporation of the State of Texas ("the
chamber") :
WHEREAS, V.T.C.S., Tax Code 1351.0020 authorizes the city to
levy by ordinance a municipal hotel occupancy tax ("hotel tax") not
exceeding seven percent (7=) of the consideration paid by a hotel
occupant; and
i
WHEREAS, by Ordinance No. 86-67, the City has provided for the
assessment and collection of a hotel tax in the City of Denton of
seven percent (74); and
WHEREAS, V.T.C.S., Tax Code 1361.101 (a), authorizes the City
to use revenue derived from its hotel occupancy tax to romote
tourism and the convention and hotel industry by advertising and conducting
solicitations and promotional programs to attract
tourists and convention delegates or registrants to the City its
vicinity; and
WHEREAS, the Chamber is well equipped to perform those
services and activities;
k
NOW, THEREFORE, in consideration of the performance of the
mutual agreements contained herein, the City and the chamber agree a
as follows:
I
HOTEL TAX MIND PAYI[iNT0 ~
` A. ConplOoration. In consideration of the services to be
performed by the Chamber, the City agrees to pay, during 1990, the
Chamber from hotel tax revenue collected by the City a sun of money
equal to the amount of hotel tax revenue received by the city from
the hotel tax at a rate of three percent (31) of the cast of a
room. For the year 1991, city agrees to pay Chamber a sun equal to
the amount of hotel tax revenue received by the city from the hotel
tax at a rate of ninety-eight percent (98t) of three percent (31)
of the cost of a room. For the years 1992, 19931 and 1994, City
agrees to pay Chamber a sum equal to the amount of hotel tax !
revenue received by the City from the hotel tax at a rate of
ninety-five percent (96f) of three percent (31) of the cost of a
room. As used in this Paragraph, "hotel tax revenue" shall mean the
monies collected by the City resulting from the Cityls assessment
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AAA of a municipal hotel occupancy tax as authorized by V.T.C.S., Tax
code §351.002, after deducting the fallowing:
(1) Any monies expended by the city for the collection
of delinquent hotel tax assessments, including attorney's
fees and court cost;
(2) The reasonable expenses, including the cost of
personnel, incurred by the City to perform an audit of
t any person responsible for collecting hotel tax
/ assessments; and
(3) The amount of any reimbursement made by the City to
any person for the cost of collecting the hotel tax, as
authorized by V.T.C.S., Tax Cola §351.004.
B. Dates of payment. The annual payments shall be made in
quarterly installments on or before the 45th day following the end
of each quarter. The respective quarters will end on the last day
of March, June, September, and December of each year. The first
payment under this Agreement shall be made on or before May 15,
1990. Should the City amend the code of ordinances of the City of
Denton to require hotel operators to remit the hotel occupancy tax
monthly, City shall pay Chamber monthly, on or before the forty-
fifth (45th) day following the and of each month.
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VON or BOTBL TAX RXV3NUX
A. Us* of Funds. In consideration of the city's payment to I
the Chamber of the hotel tax revenue provided heroin, the chamber
agrees to use the funds only for the purpose of advertising and
conducting solicitations and promotional programs to attract
tourists and convention delegates or registrants to the City of
Denton or its vicinity, as authorized by V.T.C.S., Tax Code
§351.101 (a)(3).
B. Administrative Costs. The hotel tax revenue paid to the
Chamber under this Agreement may be spent for day-to-day
operations, supplies, salaries, office rental, travel expenses, and
other administrative costs only if those administrative costs are
incurred directly in performing the activities authorized by this
Agreement. If the Chamber conducts other activities for which the
hotel tax revenue paid by the city are not specifically authorized
under this Agreement, the portion of the total administrative costs
of the Chamber for which hotel occupancy tax revenue may be used
shall not exceed the portion of those administrative costs actually
incurred in conducting the activities for which the hotel occupancy
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t` tax revenue may be used under this Agreement.
C. Travel Expenses. Hotel tax revenue paid by the City to the
chamber shall not be spent for travel for any person wto attend any
hich is not
event or conduct any activity the primary purpose
directly related to the proiaotion of tourism and the convention and
4 hotel industry or the performance of the person's job in an
efficient and professional manner.
D. Notice of Xestings. The chamber shall give the City
Manager of the City written notics, at least five days in advance,
of the time and place of any meeting of the governing body of the
c.- Chamber, which shall be open to the City Manager or his or her
designee.
III.
RECORD KEEPING AND REPOW IWQ REQUIREXXXTE
A. Budget, on or before July 31, 1990, and before the same
date of each successive year during the term of this Agreement, the
Chamber shall prepare and submit an annual budget to the City
council. city shall not pay any hotel tax revenue otherwise due
under this Agreement until and unless the City Council first
approves in writing the Chamber's annual budget which sets forth
the use of those hotel tax funds to be paid by City. The approval
by the City Council of the City of the annual budget of the Chamber
creates a fiduciary duty in the chamber with respect to the hotel
tax revenue provided by the City to the Chamber under this
Agreement.
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s. Accounts. The Chamber shall maintain any hotel tax revenue
received from this City in a separate account established for that
i purpose and shall not commingle that revenue with any other money
or maintain it in any other account. The chamber shall maintain }
complete and accurate financial records of each expenditure of
hotel tax revenue on at least a monthly basis and shall make the
records available for inspection and review by the City's Executive
Director of finance or his or her designee upon request.
i
0. Reimbursement. In the event of the termination of this
Agreement, the Chamber shall submit to the City a statement showing
any expenses incurred by it for the present quarter in which the
termination takes place. City agrees to reimburse the Caamber,
during that quarter, an amount equal to the lesser of the expenses
incurred by the Chamber during that quarter or the amount they
would normally be eligible to receive under the terms of this
Agreement for that quarter. The City also realizes that the
Chamber may have committed itself to pay expenses for authorized
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activities that will occur after the termination of this Agreement,
and the city agrees to reimburse the Chamber for such expenses up
to the cumulative sum of $10000.00, subject to the maximum payment
provided for in this Agreement.
0. Reports. Within thirty days after the end of every
quarter, the Chamber shall furnish to the City a performance report
of the work performed under this Agreement, in the form determined
by the City Manager, describing the activities performed under this
Agreement during that quarter. The Chamber shall promptly respond
to any request from the City Manager of the City for additional 1
Information relating to the activities performed under this
Agreement.
Iv.
INDXXYITY
The chamber agrees to indemnify, hold harmless, and defend the
City, its officers, agents, and employees, from and against all
claims or suits for injuries, damage, loss, or liability of
whatever kind or character arising out of or in connection with
this Agreement.
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TERN AND TRRNINATION jj
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A. Toss. The term of this Agreement shall be for a period of I
five years, commencing on January It 1990 and sndinq at midnight,
on December 31, 19944
B. Termination. This Agreement may be terminated b either
party giving written notice to the other at least ninety (90) days
prior to the date of termination. This Agreement shall
11 automatically terminate upon occurrence of any of the following
eventss
a J
(i) The termination of the corporate existence of the
Chambert
(2) The insolvency of the Chamber, the filing of a
petition in bankruptcy, either by or against the Chamber,
or an assignment by the Chamber for the benefit of
creditors) or l
(3) The broach by the Chamber of any of the terms and
conditions of this Agreement and the continuation of the
breach for a period of ten (10) days after written notice z
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III is given by the city to the chamber of such breach.
VI.
I MIBCSLLMMUS rstiovlsLOl19
A. Independent Contractor. The Chamber shall operate as an
independent contractor as to all services to be performed under
` st this Agreement and not as an office gerva tt control employee its
I of the City. The Chamber shall hava exclusive
operations hereunder and the persons performing the same and the
Cham offic rsl bempsolely loyees, and agents. The Chtimberdshall omissions not be
considered a partner or joint venturer with the city, nor shall the
Chamber be considered nor in any manner hold itself out as an agent
or official representative of the City.
8. Assignment. shall not assign this Agreement
The chamber .
Cit
,
without first obtaining the written consent of the y.
C. Notice. Any notice required to be given under this
Agreement shall be offactive if and when given in writing and
deposited in the United States Mail, certified or registered mail,
return receipt requested, on the date so deposited and addressed to
the respective parties as follows: t
r City Manager President
The City of Denton Denton Chamber of commerce
215 East McKinney 414 Wast Parkway
Denton, Texas 76201 Denton, Texas 76201
D. Successors. This Agreement shall be binding upon the
successors and assigns of the respective parties.
latipe, Agreement. This written instrument contains the
entire agreement between the parties, and neither party has relied
on any prior or contemporaneous representations, either oral or
written, that are not contained in this Agreement.
F. Application of Lars. All the terms, conditions and
stipulations of this agreement are subject to a all 1 ordilicable
nances s
r federal laws, state laws, the Charter of the City,
passed pursuant thereto and all judicial determinations relative
h thereto.
EXECUTED on this the day of 1920.
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THE CITY OF DENTON, TEXAS
BYt
RAY STEPHEN'S, MAYOR
ATTESTr 1
JENNIFER WALTERS# CITY SECRETARY
BY:
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APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BYs
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DEM19 CHAMBER or CoMM ERCE
BYs
CHIIRLE81i. CARPENTER, PRESIDENT
ATTESTS a
SECRE'ARY
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ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN r
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 J
CITY STEAM PLANT) AND PROVIDING AN EFFECTIVE DATE. ll
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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
renovation of the old City Steam Plant, under the terms and
conditions contained in the agreement, a copy of which is attached
hereto and made a part hereof.
SECTION II. That the city Council hereby authorizes the
expenditure of funds as set forth in the agreement.
SECTION III. That this ordinance shall become effective
immediately upon its passage and approval. r l
PASSED AND APPROVED this the - day of , 1990.
+ I
RAY STEPHENS, MAYOR I
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: 1
APPROVED AS'TO LEGAL FORM: f
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY t
BY: bhu~)
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AGREEKENT EETwBiN THE CITY OF DENTON AND
TEE GREATER DENTON ARTS COUNCIL
PROVIDING FOR TEE PAYKENT AND 1JSE OF EOTEL TA= REVEKU
FOR TES RENOVATION OF TEE OLD CITY BTSAK PLUM
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This Agreement made between the City of Denton, Texas, a iiIII
municipal corporation (the "City"), and the Greater Denton Arts
Council, a non-profit corporation of the state of Texas (the 1
"GDAC
levy by orrd ~a cue a muni ipalCoda
hotel3oc upancy ax ("hotelhtax") City
not
exceeding seven percent (74) of the consideration
occupant] and paid by a hotel
WHEREAS, by Ordinance No. 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 (74); and
WHEREAS, V.T.C.S., Tax Code 1351.101 (a), authorises the City
to use revenue derived from its hotel occupancy tax to
tourism and the convention and hotel industry by the i promote
equipping, and repairing of convention center facilities, and for
historical restoration and preservation projects or activities that
would be frequented by tourists, convention del
visitors to the City; and
agates, or other Cit Plant", which tthe he GrA y has leas
MW the "Old City Steam
C proposese to rethe
by the use of
and private funds and thereafter operate the facility for the
benefit of the community; and
WHEREAS;"the City wishes to allocate hotel tax rely-nue to be
used for the specific purpose of renovating the "Old Y Steam
Plant"; and
t`
WHEREAS, the GDAC is well equipped raise the necessary
funds and perform the renovation project as s contemplated by this
Agreement;
I NOW, THEREFORE, in consideration of the
mutual agreements contained herein, the City and the COW agree as
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80TIL TAY RRVEM pATXZVTS
A. Consideration, in consideration of the ODAC raising the
necessary funds and undertaking the renovation of the Old City
Steam Plant, the City agrees to pay the aDAC each year of the term
y* of this contract from hotel tax revenue collected by the City a sum
of money equal to the amount of hotel tax revenue received by the
City from the hotel tax at a rate of one percent (14) of the cost
of a room. As used in this paragraph, "hotel mean the monies collected by the City resulting from ethe"City's
assessment of a municipal hotel occupancy tax as authorized by
V.T.C.S., Tax Code 1351.002, after deducting the followings
1
(1) Any monies expended by the City for the collection
j of delinquent hotel tax assessments, including attorney's
fees and court coati
(2) The reasonable expenses, including the cost of
personnel, incurred by the City to perform an audit
h any person responsible for collecting hotel tax
assessments; and
(3) The amount of any reimbursement made by the City to
any person for the cost of collecting the hotel tax, as
I' authorized by V.T.C.S., Tax Code ;351.004.
t e. Dates of Payment. City shall make payments installments on or before the 45th day followintheiand of each
quarter. The reopective quarters will and on thn last day of
March, June, September, and December of each year. The first
payment under this Agreement .
will be aid
1990. Should the vity amend the Code of Ordinon or bef ances of othe Citylof
I
Denton to require hotel operators to remit the hotel occupancy tax
on a monthly basis, City shall pay ODAC monthly, on or before the
forty-fifth (45th) day following the and of each month.
ii.
Uds OF EOTEL TAX RSViM
A. Use of Funds* in consideration of the Cityls payment to
the ADAC of the hotel tax revenue provided herein, the ADAO agrees
to use the funds, along with other funds received from other
sources, solely for the improvement, equipping, and restoration of
the "Old City Steam Plant" property under lease from the City, as
authorized in V.T.C.S., Tax Code 1351.301 (a)(1 and (S). The
hotel tax revenue received by the aDAO under this Agreement may
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only be used for the expenses directly related to the renovation of
the old City Steam Plant property, including architectural and
engineering fees, and shall not be used for day-to-day operations,
supplies, salaries, office expenses, travel expenses, or other
administrative costs of the GDAC.
B. Notice of Nesting. The GDAC shall give the City Manager
of tt.e City written notice, at least five days in advance, of the
time and place of any meeting of the governing body of GDAC, which
shall be open to the City Manager or his designee.
III.
1
RICOAD XBBPING AND RIPORTING RBQDIRBI WN
A. Budgets on or before July 31, 1990, and on or before the
same date of each successive year during the term of this
Agreement, the GDAC shall submit its annual budget to the City
Council. City shall not pay any hotel tax revenue otherwise due
under this Agreement until and unless the City Council first
approves in writing the GDAC's annual budget setting forth the use
of those hotel tax funds to be paid by City. The approval by the
City Council of the City of the annual budget of the GDAC creates
a fiduciary duty in the ODIC with respect to the hotel tax revenue
provided by the City to the,GDAC under this Agreement.
B. Building rend. The GDAC shall maintain any hotel tax s
revenue received from the City in a separate "Building Fund"
P' account established for that purpose and shall not commingle that a
revenue with any other money or maintain it in any other account.
The GDAC shall maintain complete and accurate financial records of {
each expenditure of hotel tax revenue on at least a monthly basis
t and shall make the records available for inspection and review by ,
the City's Executive Director of rinanci or his designee upon
request.
l C. Reports. Within thirty days after the and of every quarter
in which any'd*inditure is made from the "Building rued" account, 3
the GDAC shall Uirnish to the City a performance report, in the
form determined lay the City Manager, describing the activities
performed under this Agreement during that quarter. The GDAC shall
promptly respond t,) any request from the City Manager of the City
for additional information relating to the activities performed
under this Agreement.
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INDRKVITY
The GDAC agrees to indemnify, hold harnlssu, and defend the
City, its officers, agents, and employees, from and against all
claims or suits for injuries, damage, lose, or liability of
whatever kind or character arising out of or in connection with
this Agreement.
v.
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TERM AND TSRNIwATIOw
A. Tors. The term of this Agreement shall be for a period of
two years, commencing on January 1, 1990 and terminating at
midnight, on December 31, 1991, or whenever the renovation work for
the "Old City Steam Plant" is completed, whichever first occurs.
Be Termination. This Agreement may be terminated by either 1
party giving written notice to the other at least ninety (90) days 1
prior to the data of termination. This Agreement shall
automatically terminate upon occurrence of any of the following
eventst a
(1) The termination of the corporate existence of the s>
ODACt I
(2; The insolvency of the ODAC, tao filing of a f
petition in bankruptcy, either by or against the QWW, or
an assignment by the GMW for the benefit of creditorst
or
(3) The breach by the GDAC of any of the terms and
conditions of this Agreement and the continuation of the
breach for a period of ten (10) days after written notice
is given by the City to the GDAC of such breach.
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1tIRCRLLA1njOVR DROVI/lows
A. independent Contractor. The GUAM 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
operations hereunder and the persona performing the same and the 1
GDAC shall be solely responsible for the acts and omissions of its
officers, employees, and agents. The ADAC shall not be considered I
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` 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.
~ s. Assignaeot. The GDAC shall not assign this Agreement
without first obtaining the written consent of the City.
C. Notice. Any notice required to be given under this
` Agreement shall be effective if and when given in writing and
deposited in the United States Mail, certified or registered mail,
return receipt requested, on the date so deposited and addressed to
the respective parties as followss
gux 9Q~ 1,
City Manager Chairman, Board of Trustees J
City of Denton Greater Denton Arts Council
215 East McKinney 207 S. Bell Avenue ;
Denton, Texas 76201 Denton, Texas 76201 A
D. successors. This Agreement shall be binding upon the
successors and assigns of the respective parties.
as satire Agrement. This written instrument contains the
entire agreement between the parties, and neither party has relied j
on any prior or contemporaneous representations, either oral or ,
written, that are not contained in this Agreement.
F. Application of Law. All the terms, conditions and
stipulations of this agreement are subject to all applicable
federal laws, state laws, the charter of the City of Denton, all
ordinances passed pursuant thereto and all judicial determinations ,
i relative thereto.
EXECUTED on this the day of , 1990.
1
CITY or DENTON, TEXAS
i
BYt
RAY STEPAENS, MAYOR
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ATTEST: J
JENNIFER WALTERS, CITY SECRETARY $ 1
BY:_ ;i
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY2
~iGREATER DENTON ARTS COUNCIL
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ROBERT ESTES, CHAIRMAN,
BOARD OF TRUSTEES
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SECRETARY
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ORDINANCE NO.
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 ARTS; AND PROVIDING AN
EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS.
SE= 02 N 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 terms and conditions contained in the agreement, a copy
of which is attached hereto and made a part hereof.
SECTION ii. That the City Council hereby authorizes the
expenditure of funds as set forth in the agreement.
SECTION IIi. That this ordinance shall become effective
immediately upon its passage and approval.
' PASSED AND APPROVED this the _ day of , 1990.
1
RAY STEPHENS, MAYO:
ATTEST.
JENNIFER WALTERS, CITY SECRETARY
r BY.
APPROVED AS.TQ LEGAL FORM.
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY.
gdac#2.ord
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AGREEMENT EETWSZX TEE CITY Or DENTON AND
TEE GREATER DENTON ARTS COUNCIL PROVIDING FOR TEE
PAYMENT AND USE OF HOTEL TAX REVENUE FOR TEE ARTS
This Agreement made between the City of Denton, Texas, a r
municipal corporation (the "City"), and the Greater Denton Arts
Council, a non-profit corporation of the State of Texas (the
"GDAC");
WHEREAS, V.T.C.S., Tax Code 5351.0021 authorizes the City to
w+ levy by ordinance a municipal hotel occupancy tax ("hotel tax") not
exceeding seven percent (7t) of the consideration paid by a hotel
.occupant; and
WHEREAS, by Ordinance No. 86-671 the City has provided for the
assessment and collection of a municipal hotel occupancy tax in the
City of Denton of seven percent (7t); and
WHEREAS, V.T.C.S., Tax Coda 5351.101 (a), authorizes the City
to use revenue derived from its hotel occupancy tax to promote
tourism and the convention and hotel industry for the encourage-
ment, promotion, improvement, and application of the arts,
including instrumental and vocal music, dance, drama, folk art,
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
to the presentation, performance, execution, and exhibition of
these major art forms; and
WHEREAS, the GDAC is well equipped to perform the services and
activities authorized under this Agreement;
NOW, THEREFORE, in consideration of the performance of the
mutual agreements contained herein, the City and the GOAL agree as K
A
followst
I.
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HOTEL TAE REVENGE PAYMENTS
y
A. consideratioa. in consideration of the services to be
performed by the GDAO, the City agrees to pay the GDAO annually
from hotel tax revenue collected by the City a sun of money equal
to the amount of hotel tax revenue received by the City from the
hotel tax at a rata of one percent (it) of the cost of a room. As
used in this paragraph, "hotel tax revenue" shall mean the monies
collected by the City resulting from the City's assessment of a t
municipal hotel occupancy tax as authorized by V.T.C.S., Tax Code
5351.002, alter deducting the followings
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(1) Any monies expended by the City for the collection of
delinquent hotel tax assessments, including attorneys fees
and court cost!
(2) The reasonable expenses, including the cost of personnel,
incurred by the City to perform an audit of any person
responsible for collecting hotel tax assessments; and
(3) The amount of any reimbursement made by the City to any
person for the cost of collecting the hotel tax, as authorized
by V.T.C.S., Tax Code 5351.004.
D. Dates of Payment. The annual payments shall be made in
quarterly installments on or before the 45th day following the and
of each quarter. The respective quarters will end on the last day
of March, June, September, and December of each year. The first
payment under this Agreement will be paid on or before May 15,
1990. Should the City amend the Code of Ordinances of the City of
Denton to require hotel operators to remit the hotel occupancy tax
monthly, City shall pay ADAC monthly, on or before the 45th day
following the and of each month.
ir.
vex OF XOTVL TAY RZVSNU
A. use of funds. In consideration of the city$s payment to
the aDAC of the hotel tax revenue provided herein, the aDAC agrees
to use the funds solely for the encouragement, promotion, improve-
ment, and application of the arts, including instrumental and vocal
music, dance, drama, folk art, creative writing, architecture,
design and alll.ed fields, painting, sculpture, 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, as provided for
in V.T.C.S., Tax Code 1351.101 (a)(4).
N. Adodnistrative Costs. The hotel tax revenue paid to the
ODAC under this Agreement may be spent for day-to-day operations, 1
supplies, salaries, office rental, travel expenses, and other
administrative costs only if those administrative costs are
I~ incurred directly in performing the activities authorised by this
Agreement. If the aDAC conducts other activities for which the
hotel tax revenue paid by the city are not specifically authorized
under this Agreement, the portion of the total administrative costs
of the MM for which hotel occupancy tax revenue may be used shall
not exceed the portion of those administrative costs actually
incurred in conducting the activities for w'Ach the hotel occupancy
tax revenue may be used under this Agreemeiit.
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Co Travel Expenses. Hotel tax revenua paid by the City to the
GDAC shall not be spent for travel for any person to attend any
event or conduct any 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.
° D. Notion of Meetings. The GDAC shall give the city Manager
of the City written notice, at least five days in advance, of the
time and place of any meeting of the governing body of the GDAC,
which shall be open to the City Manager or his or her designee.
III.
RECORD KEEPING AND REPORTING PAQUIREMENTs
A. Budgets On or before July 31, 1990, and on or before the
same date of each successive year, during the term of this
Agreement, the GDAa shall prepare and submit an annual budget to '
the City Council. City shall not pay any tax revenue otherwise due
under this Agrean%.,*nt until and unless the City Council first
approves in writing the GDAC+a annual budget which p:ovides for the
use of those funds to be paid by the City. The approval by the
city council of the City of the annual budqet of the GDAC creates
a fiduciary duty in the GDAC with respect to the hotel tax revenue
provided by the city to the GDAC under this Agraement.
Be Aaaeuntse The GDAC shall maintain any hotel tax revenue
received from the City in a separate account established for that
purpose and shall not commingle that revenue with any other money
or maintain it in any other account. The GDAC shall maintain
complete and accurate financial records of each expenditure of
hotel tax revenue on at least a monthly basis and shall make the
I records available for inspection and review by the Cityls Executive
Director of Finance or his or her designee upon request.
C. ReimMdrsweat. In the event of the termination of this
Agreement, the GDAC shall submit to the City a statement showing
any expanses incurred by it for the present quarter in which the
termination takes place and the City agrees to reimburse the GDAC,
during that quarter, an amount equal to the lesser of the expenses
incurred by the GDAC during that quarter or the amount they would
normally be eligible to receive under the terms of this Agreement
for that quarter. The City also realizes that the GDAC may have
committed itself to pay expenses for authorized activities that
will occur after the termination of this Agreement, and the city
agrees to reimburse the GDAC for such expenses up to the cumulative
sum of $1,000.00, subject to the total maximum payment provided for
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in this Agreement.
D. Reports. Within thirty days after the and of every o the ins the forma determined furnish
by is he to Cithe ty City a performance Managro describing he
activities performed under this Agreement during that quarter, The
GDAC shall promptly respond to any request from the City Manager of
the City for additional information relating to the activities
performed under this Agreement.
IV.
INDIMITY
The GDAC agrees to indemnify, hold harmless, and defend the
city, its officers, agents, and employees, from and against all
claims or suits for injuries, damage, loss, or liability of
whatever kind or character arising out of or in connection with
this Agreement.
V#
Tnx mm Tsm inviox
A. Teri. The terra of this Agreement shall be for a period of
five years, commencing on January 1, 1990 al•d ending on December
31, 1994.
as Termination. This Agreement may be terminated by either
party giving written notice to the other at least ninety (90) days I
prior to the date of termination. This Agreement shall
automatically terminate upon occurrence of any of the following
*venter
(1) The termination of he corporate existence of the GDAOt
L '
(Z) The insolvency of the aDAC, the filing of a petition in
IftAkruptcy, either by or against the QUO, or an
assignment by the MM for the benefit of creditorat or
(3) The breach by the GDAC of any of the terms and x
conditions of this Agreement and the continuation of the
breach for a period of ten (10) days After written s
notice is given by the City to the GDAO of such breach.
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VI.
X'ses LANS00s PROVISIONS
A. Independent Contractor. The GDAC shall operate as an
independent contractor as to all cervices to be performed under
this Agreement and not as an officer, agent, servant, or employee
Isis of the city. The GOAC shall have exclusive control of its 1
operations hereunder and the persons performing the same and the
GUM shall be solely responsible for the acts and omissions of its
officers, employces, and agents.
e GC ll not be a partner or joint venturer with the City a nor shall then GDACrbe
considered nor in any manner hold itself out as an agent or
official representative of the City.
B. Assignment. The GDAC shall not assign this
without first obtaining the written consent of the City.eement
C. Notice. Any notice required to be given under this
Agreement shall be effective if and when given in writing and
deposited in the United States Mail, certified or registered mail,
return receipt requested, on the data so deposited and addressed to
the respective parties as follows:
C3tt 9.p~
City Manager Chairman, Board of Trustees
City of Denton Greater Denton Arts Council
215 East McKinney 207 S. Hell Avenue
Denton, Texas 76201 Denton, Texas 76201
D. successors. This Agreemont shall be binding upon the
successors and assigns of the respective parties.
E. satire Agreement. This written instrument contains the
entire agreement between the parties, and neither party has relied
on any prior or contemporaneous representations, either oral or
written, thdVare not contained in this Agreement.
F. Application of Laws. All the torus, conditions and
stipulations of this agreement are subject to all applicable
federal laws, state laws, the charter of the City of Denton, all
ordinances passed pursuant thereto and all judicial determinations
relative therato.
EXECUTED on this the day of
1990.
5
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CITY OF DENTON, TEXAS 1
BY:
RAY STEPHENSt MAYOR
%mwof
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ATTESTS
JENNIFER WALTERSo CITY SECRETARY
1
BY:
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCHj CITY ATTORNEY
r
BY:
GREATER DENTON ARTS COUNCIL
e 4 jII
{ BYs 1
{ ROBERT ESTER, CHAIRMAN
BOARD OF TRUSTEES
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ATTEST: 1
SECRETARY
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X09.
2893L
RESOLUTION NO.
A RESOLUTION CANCFLLING THE REGULAR COUNCIL MEETING OF MARCH 6,
1990 AND CALLING A SPECIAL MEETING TO BE HELD MARCH 13, 1990; AND
PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. That the regular Council meeting to be held on
Mardi 3;1990 be cancelled and that a special council meeting is
hereby called to be held March 13, 1990. c
PASSED AND APPROVED this the - day of , 1990.
~j.
RAY STEPHER9,
ATTEST: p'
JENNIFER WALTERS, CITY SECRETARY
f APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH J
BY:
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North Texas Higher Education Authority, Inc.
201 E. Abram, Suite 800 Arlington, Texts 76010-11% (817) 265.9158
TO: Mayor and Council
City of Denton, Texas
FROS1t North Texas Higher Education Authority, inc.
Dues February 8, 1990
SUM Request for Approval for Issuance of Tax-Exempt
Student Loan Revenue Bonds or Other Obligations
The Board of Directors of the North Taxes Higher Education Authority,
tne. (NTHEA) hat resolved to seek your oppvovsl for the issuance of up
to 11100 million in tax-exempt student loan revenue bonds or other
financial obligations.
As you will recall in December, 1969, you approved out entering into a t
taxable line of credit with Dank One Fort Worth in the amount of $50
million. This financing was used to free up additional capacity in an
existing more cost-affective tine of credit for fundial student loan
purchases.
We have now subnittod an application for cap allocation this year and
have receLved the maximum of 1150 million. Therefore we are once atein
is need of your approval to issue bonds. Thais funds will be used to
permanently finance the loans currently hold under the Rank One line of
credit, sod that financing will be extinguished. -
The request for approval of an additional $50 million is to avoid having
to come to you again in 1990 should we receive additional cap allocation
in the fall or hive other financing opportunities (taxable or
tax-exempt) become available to us which would require your approval.
I
As always, we very much appreciate your support of our secondary market
program. At thla point, you share in the success of out purchasing over
BS,000 student loans during the Isit nine years to assist students in
I their pursuits of higher education. We respectfully request your s
approval of this issuance of debt to continue these Weavors. k
please tool free to direct any questions or r6q w ats for additional
information tot
Xathtyn Bryan, Assistant secretary
North Texas Higher Education Authority, Inc.
201 test Abram, suite 800
Arlington, texas 76010
(817) US-9156
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CITY of D■NTON 1215 E. McKinney / Denton, Texes 76201
I
MEMORANDUM
11111} DATE; February 15, 1990 `
TO: Lloyd V. Harrell, City Manager
FROM: John F. McGrane, Executive Director of Finance
RE: NORTH TEXAS HIGHER EDUCATION AUTHORIV
f Attached is the information you requested regarding the North
Texas Higher Education Authority. r
If you need additional information, or have any questions,
please do not hesitate to contact me.
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CERTIFICATE OF SECRETARY
THE STATE OF TEXAS S
COUNTY OF DENTON
S
CITY OF DENTON S
c=~ S
It the undersigned, City Secretary of the City of
Denton, Texas, DO HEREBY CERTIFY as follows,
1. That on the day of February, 1990, the City
Council of the City of Denton, Texas, convened in regular
session at its regular meeting place in the City Hall of, said
Cityi the duly constituted members of the Council being as y
follows:
MAYOR
COUNCILMFMBERS
and all of said persons were
the following, present at said meeting, except
Among other bus 44=00 cone ered at said meet ng, t e attac ed
resolution entitled,
"A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF I
OBLIGATIONS BYRELATING
THE GNORTH THE ISSUANCE
EDUCATION AUTHORITY, INC.j APPROVING THE
ISSUANCE OF SUCH OBLIGATIONS AND THE USE OF
THE PROCEEDS OF SUCH OBLIGATIONS, AND
MAKING CERTAIN FINDINGS IN CONNECTION
THEREWITH."
was introduced and submitted to the Council for passage and
adoption. After presentation and due consideration of the }
resolution, and upon a motion by
and
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seconded by , the resolution was duly
pas.aed and adopted by the City Council to be effective
immediately by the following vote:
voted "For" voted "Against" abstained
all as shown in the official Minutes of the council for the
meeting held on the aforesaid date.
2. That the attached resolution is a true and correct
copy of the original on file in the official records of
the City; the duly qualified and acting members of the City !
Council of said City on the date of the aforesaid meeting are
those persons shown above and, according to the records of my
office, each member of the Council was given advance notice of )
the time, place and purpose of the meeting; and 'shat said
meeting, and deliberation of the aforesaid public business, i
was open to the public and written notice of said meeting, 1
including the subject of the entitled resolution, •aas posted
and given in advance thereof in compliance with the provisions
of Article 6252-17, Section 3A, V.A.T.C.S.
F
IN WITNESS WHERECF, I have hereunto signed my name
officially and affixed the seal of said City, this the
day of , 1990.
City Secretary,
City of Denton, Texas
(City Seal)
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RESOLUTION NO.
A RESOLUTION BY THE CITY COUNCIL OF THE
CITY OF DENTONr TEXAS, RELATING TO THE
ISSUANCE OF OBLIGATIONS BY THE. NORTH TEXAS.
HIGHER EDUCATION AUTHORITYr INC.; APPROVING
THE ISSUANCE OF SUCH OBLIGATIONS AND THE
USE OF THE PROCEEDS OF SUCH OBLIGATIONS1
AND MAKING CERTAIN FINDINGS IN CONNECTION
THEREWITH
WHEREAS, North Texas Higher Education Authority, Inc. Ithe
"Authority") was established as a non-profit
corporation pursuant to the Texas Non-Profit
Corporation Act, for the purpose of furtherinq
educational opportunities of students by providinu
funds for the acquisition of student loans; and
WHEREAS, the Authority has proceeded in the development of a
plan of doing business and has issued obligations for
the aforesaid purposes, and additional funds are
needed to continue the program and it is now ai
appropriate for this governing body to approve the
issuance of additional obligations for such purpose;
WHEREAS, pursuant to Section 147(f) of the Internal Revenue
Code of 1986, as amended (the "Code"), a public
hearing was conducted, following reasonable public
notice, with respect to the issuance of bonds by the
Authority in a pr!,-cipal amount not to exceed
$100,000x000;
WHEREAS, certified minutes containing the proceedings from such
hearing have been submitted to the City of Denton,
Texas (the "City");
WHEREAS, in order to satisfy the requirements of the Code, it r
is necessary for the City, followinq the holdinq of
the public hearing, to approve the issuance of the
bonds; and
WHEREAS, in order to satisfy the requirements of the Texas
Education Code, it is necessary for the city to
approve the issuance of all bonds or other obligations
of the Authority, whether or not the interest on such
obligations is included in gross income of the holders
for federal income tax ournoses;
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NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF DENTON, TEXAS:
1.
That on February 12, 1990s a public hearing was
conducted regarding the issuance by the Authority of student
mn loan revenue bonds in the principal amount not to exceed
$100,000,000.
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That the governinq body of the City hereby approves
the issuance and delivery by the Authority of student loan '
revenue bonds, notes or other obligations, in one or more
series, in a principal amount not to exceed $100,000,000 for
the purposes of refunding the Authority's student loan revenue
bond, Series 1989, thereby providing per+aanent financinq for
student or parent loan notes which are guaranteed under the ' I
provisions of the Higher Education Act of 1965, as amended,' i 1
and/or purchasing additional student or parent loan notes so
guaranteed, and in either case, setting aside the amount the '
Authority determines is necessary for a reserve and for
operating costs and paying the cost of issuinq such obligations.
Tne issuance of such obligations shall be in accordance with
Chapter 53 of the Texas Education Code, art. 717k-11 Vernon's
Annotated Civil Statutes, and, if the Authority so provides,
Section 144 of the Code.
3.
That the Mayor and City Secretary are authorized and
directed to execute the Approval Certificate substantially in
_ the form attached hereto as Exhibit A and to deliver certified
copies of this Resolution and conies of the Approval
Certificate to the Authority.
4.
That the City requests that the Authority exercise
E the powers enumerated and provided In Section 53.47 of the
Texas Education Code, as amended that such non-profit
corporation shall, In this connection, exercise such powers for
and on behalf of the City and the State of Texas, as y
contemplated by Section 53.47(e) of the Texas Education Code,
as amended.
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5.
That the City does not agree to assume any
responsibility in connection with the administration of the
Authority's student loan program. Sole responsibility for the
administration of the Authority's student program is being
assumed by the Authority.
6.
NWOSOF
That it is recognized by this governing body that the
instruments which authorize the issuance of obligations by the
Authority will specifically state that this City is not
obligated to pay the principal of or interest on the
obligations propose-: to be issued by the Authority. Nothinq in
this Resolution shall be construed as an indication by this r
n City that it will pay or provide for the payment of any
obligations of the said Authority whether heretofore or j
hereafter incurred, and in thin connection, attention is called 1
to the Constitution of Texas wherein it is provided that a City'
may incur no indebtedness without having made provisions for
its payment, and this City Council hereby specifically refuses
to set aside any present or future funds, assets or money for
the payment of any indebtedness or obligation of the Authority.
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That this Resolution shall be effective from and
after its passage and approval.
That it is hereby officially found and determined s
that the meeting at which this Resolution is passed is open to
the public as required by law and that public notice of the j
time, place and purpose of said meeting was given as required.
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PRESENTED AND PASSRD on this the day of
, 1990, by a vote of ayes and- nays
at a regular meeting of the City Coun-M- f the City olf Denton,
Texas.
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Mayor
I ATTESTS
C ty Secretary
i APPROVED AS TO FORM:
City Attornev it
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Exhibit A
APPROVAL CERTIFICATE
I+ , am the duly elected
Mayor of the City of Denton, Texas (the "City"), and as such am
the applicable elected representative of the.City pursuant to
+ 5147(f)(2)(B) of the Internal Revenue Code of 1986, as amended.
On February 12, 1990, a public hearing was conducted regarding
the issuance of bonds by the North Texas Higher Education
Authority, Inc. in the aggregate principal amount not to exceed
$100,000,000 and the utilization of the proceeds of such Bonds
for the purpose of refunding the Authoritv's Student Loan
Revenue Bond, Series 19890 purchasing student loan notes, and
setting aside certain funds for the payment and security of the
Bonds and certain expenses in connection with issuance of the
Bonds, as provided and limited by the Internal Revenue Code of c
19861 as amended, and the Texas Education Code, as amended.'
Student loan notes are notes executed by students (or parents
of students) who are residents of the State of Texas or who t
have been admitted to an "accredited institution" in the State
of Texas (as defined in the Texas Education Code), A copy of,
the report of such hearing is attached hereto as Schedule I.
As the applicable elected representative of the City, I
hereby specifically approve the bonds described above and the
use of the proceedT of such bonds for the purposes stated
above.
SIGNED and SEALED this day of ,
1990.
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+ Mayor, City o Denton, Texas
(SEAL)
ATTESTt
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City Secretary
City of Denton, Texas
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Schedule I
CERTIFICATE
I, the undersigned, am an authorized representative of
the North Texas Higher Education Authority, Inc, (the "Issuer")
Lop i duly appointed by such Issuer to conduct a public hearing (the
"Hearing") at 10 o'clock a.m. on Monday, February 12, 1990, and
do certify as follows;
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1. On behalf of the Issuer, I conducted the Hearing
in the offices of the Higher Education Servicing Corporation
located at 201 E. Abram, Suice 800, Arlington, Texas. The 4
Hearing concerning the issuance of student loan revenue bonds
of the North Texas Higher Education, Inc. in an amount not to
exceed $100,000,000.
t 2. A true, full and correct copy of the minutes of
the Hearing is attached hereto.
3. On January 28, 1990, public notice of the Hearing
vas published in a newspaper of general circulation in, and
published in, the Cities of Arlington and Denton. Texas,
respectively, Attached hereto following the minutes of the
Hearing are affidavits of publication relating to said public
notices.
SIGNET? this 12th day of February 1990.
Name _ Kathryn Bryan K / y
Title: aintant lecretar
North Texas H gher
Education Authority, Inc.
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MINUTES OF THE MEETING OF FEBRUARY 12, 1990
The public hearing for the purpose of hearing from
interested members of the public concerning the proposed
issuance of obligations by North Texas Higher Education
Authority, Inc. in the amount not to exceed $100,000,000 (the
"Bonds") and the utilization of the proceeds of the Bonds by
the North Texas Higher Education Authority, Inc. for the
purpose of refunding the Authority's Student Loan Revenue Bond,
Series 1989, purchasing student loan notes, and setting aside
certain funds for the payment and security of t.-9 Bonds and
certain expenses in connection with issuance of the Bonds, as
provided and limited by the Internal Revenue Code of 1986, as
amended, and the Texas Education Code, as amended, was opened
at 10 o'clock a,m,
The undersigned requested all
persons who desired to
sneak either for or against the issuanco of the obligations to
so indicate by raising their hands. The following persons
present at tie meeting so indicated:
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See Exhibit „A„
I Following such comments, the undersigned then v
announced that the hearing was closed.
.rte rz.;• / i
Name: Kat n 8r an
Title: Assistant Secretary
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February 20, 1990
CITY COUNCIL
AGENDA ITEM
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TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Lloyd Harrell, City Manager
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SUBJ: CONSIDER CONTRACT WITH THE CITY OF FARMERSVILLE
RECOMMENDATION
The Public Utilities Board, at their meeting of. January 17, 1990,
recomended to the city Council approval of Wholesale Electric Service a
Contract between the TMPA Cities and Farmersville.
SUMMARY:
In December, the City Council of Farmersville accepts" the proposal
that the four TMPA Cities had extended to sell power and energy to
Farmersville beginning September 25, 1990. This is "full
requirements" contract to January It 1994, with option to become a o
participant in the next phase of the TMPA generation. The initial
peak power requirements of Farmersville are 110 MW/year The price is:
Demand Charge 13.03/KW
Energy Charge 2.00/MWH
Fuel Charge Avg, Cost of Gas &
Lignite Energy
The rates essentially will sell power and energy to Farmersville at a p
price equal to the average cost of power and energy for the combined
four TMPA Cities. s
` The sale of this power and energy, approximately (approximately
20,000,000 KWH/year), to Farmersville will be essentially at the
cities' average cost of 5.10 to 5.3.'/t.WH and is very competitive with
Fermerville's recent supplier, Texas Utilities. However, since
approximately 3y'/KWH of this rate is for fixed costs of TMPA's
j Gibbon's Creek, for which the four cities are already obligated,
there will be a respectable savings for the four cities. The
proceeds are scheduled to be shared based on each city's respective t
excess capacity. Denton's excess generating capacity is
approximately 12-131 of the four cities.
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FISCAL SUMMARY
{ .25 to .3% savings on TMPA bill.
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lo d Harrell
city Manager
Approved by: r
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R. E. Nelson, Execut ve Director
Department of Utilities i
Exhibit 1 Proposed Electric Service Contract
4 II Ordinance
III Minutes PUB 1/17/90 I
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2901L
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RESOLUTION NO.
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A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN
THE CITY OF DENTON AND THE CITY OF FARMERSVILLE, TEXAS FOR THE SALE
' AND PURCHASE OF WHOLESALE ELECTRIC SERVICE; AND PROVIDING AN EF-
FECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDA1N47 3
SECTION I. That the Mayor is hereby authorized to execute an
agreement etween the City of Denton and the City of Farmersville,
Texas for the sale and purchase of wholesale electric service,
under the terms and conditions contained in the agreement, a copy
of which is attached hereto and made a part hereof.
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SECTION II. That this resolution shall become effective im-
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j mediate y upon is passage and approval. ~
i PASSED AND APPROVED this the day of , 1990.
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RAY STEPHENSj, MAYOR
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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APPROVED AS TO LEGAL FORM; s
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DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY h
BY: `mil
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01•Ui-BU Uy:ld 4Y211 2U3 263tl CUG El,EIIkIC D6) iU.\ 1 1002
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a i CONTRACT FOR SALE
AND PURCHASE OF FIRM
POWER AND ENERGY
1I1I1I between
k CITY OF FARMERSVILLE, TEXAS,
as purchaser
and each of p
CITY OF BRYAN, TEXAS,
CITY OF DENTON, TEXAS,
CITY OF GARLAND, TEXAS, ?
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CITY OF GREENVILLE, TEXAS,
each acting on its own
behalf severally and not
jointly, as seller
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Dated as of January 1, 1990
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` j TABLE OF CONTENTS
` ' Page
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SECTION 1: Capacity of Parties: Nature and
Number of Contracts . . . . . . . . . . . . . . 5
kaaw SECTION 2: Definitions. . . . . . . . . . . . . . . . 6
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SECTION 3: Sale and Purchase of Firm Power and Energy . . . 8
1 SECTION 4: Delivery of Firm Power and Energy. . . . . . . .lo
SECTION 5:. Rates and Charges. .13
` j SECTION 6: Meter Readings and Seller's Billing. .16
I SECTION 71 Mater Testing and Billing Adjustment . . . .16 r
SECTION 8: Payments to Constitute Operating Expenses of
Purchaser's System. . • . . 18
SECTION 9: Covenants of the Purchaser.. . .18
SECTION 10: Covenants of the Seller . . . . . . . . . . . . .19
SECTION 11: Remedies in Event of Default . . . . . . . . . .20
SECTION 12: Payment Due Dates and Delinquency. . . . . . . .21
SECTION 13: Term of Contract . . . . . . . . . . . . . .22
SECTION 14: Force Majeurs. . . . . . . . . . . .24
SECTION 15: Records and Accounts . . . . . . . . . . . . . .25
SECTION 16: Access. . . . . . . . . . . . . . . .26 I
SECTION 17: Assignment . . . . . . . . . . . . . . .27 f 1
SECTION 18: Successors and Assigns . . . . . . . . .27
SECTION 19: Governmental Rates, Regulations and Laws . . . .27
SECTION 20: Notices . . . . . . . . . . . . . . . . . . . . .27
SECTION 21: Severability . . . . . . . . . . . . . . . .28
SECTION 22: Entire Contract . . . . . . . . . . . . . . . . .28 K
SECTION 23: No Waiver. . . . . . . . . .28
EXHIBITS
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Exhibit A . . . . . . . . . . . . . . . . . . . . . . . . . .32
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Exhibit B . . . . . . . . . . . . . . . . . . . . . . . . . .33
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Exhibit C . . . . . . . . . . . . . . . . . . . . .34 1
Exhibit D . . . . . . . . . . . . . . . . . . . . . . . . . .35
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Exhibit E . 36
Exhibit r . . . . . . . . . . . . . . . . . . . . . . . . .37
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01,11,90 09:16 X211 205 2816 COG ELECTRIC DENiO.1' F-,
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CONTRACT FOR SALE
AND PURCHASE OF FIRM 'r
POWER AND ENERGY
between
city of Farmersville, Texas,
as purchaser
and each of,
City of Bryan, Texas,
City of Denton, Texas,
City of Garland, Texas,
City of Greenville, Texas, x,
each acting on its own
behalf severally and not
jointly, as seller
14
This Contract, made and entered into as of the let day of
January, 1990 (but effective on the date provided in Section 13
hereof), by and between the city of Farmersville, Texas (the
St
"Purchaser"), a municipal corporation and political subdivision Es
of the State of Texas, and the City of Bryan, Texas, the City of
Denton, Texas, the City of Garland, Texas, and the City of
Greenville, Texas, each of which cities is a municipal
corporation of the State of Texas (herein called "Seller" with
respect to provisions applicable to each of them and called
"Bryan," "Denton," "Garland," or "Greenvills," as the case may
be, with respect to provisions applicable to them severally).
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01/31/90 09:13 -&214 203 2878 COG ELECTRIC DENTON 2003
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W I T N E S S E T H:
WHEREAS, the Purchaser has need of an economical, reliable
source of Firm Power and Energy to meet the growing demands of
its customers and has determined to purchase such Firm Power and
Energy from the Seller; and
WHEREAS, the seller owns electric genteating facilities and
transmission lines and purchases Power and Energy from TKPA for
i the purpose of supplying Firm Power and Energy to its customersi
WHMAS, the Seller is authorized by Section 402.001 of the
1 Local Government Code to call electric 9erViaz to any person
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outside its boundaries and to contract with parsons outside its
boundaries to permit them to connect with its System on terms
~Seller considers in its best interest; and
WHMAS, the Purchaser is a parson, within the meaninq of '
that term as defined in Section 311.009 of the Government Code,
located outside the boundaries of Seller and desires to purchase,
and the Seller, having found that the terms herein set forth are
in the best interest of the Seller desires to sell, Firm Power
and Energy on the terms and conditions herein set fortht
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01/01,90 09:19 12213 203 2838 COG ELECTRIC
PENTOS Z008
NOW THEREFORE, in consideration of the mutual undertakings
herein contained between the Purchaser and each of Bryan, Denton,
Garland, and Greenville acting on its own behalf severally and
not jointly, the Seller and the Purchaser agree as follows=
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SECTION 1; Capacity of Parties:,ure and Number of
Contracts. This instrument is four separate contracts between
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the Purchaser and each of Bryan, Denton, Garland, and Greenville, 1
respectively. Each of the four separate contracts contains I
substantially identical terms except insofar as a particular
provision is clearly applicable only to one or more of the
separate contracts by specifying its application to Bryan, l;
Denton, Garland, or Greenville rather than Seller. Ths rights,
duties, obligations, and benefits of "seller"' herein.apply to
each of Bryan, Denton, Garland, and Greenville severally and not
jointly. This instrument contains no agreements or undertakings
and imposes no duties or obligations between any of Bryan,
Denton, Garlrnd,,or Greenville to any of Bryan, Denton, Garland
or Greenville. A breach or termination of this instrument by one
or more of Bryan, Denton, Garland, or Greenville does not in any
manner affect the non-breaching or non-terminating parties and
does not affect the contracts herein containtd of such non-
breaching or non-terminating parties with the Purchaser. This
contract shall be binding between Seller and Purchaser, with
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01. 51,90 09; 20 OM 203 293d COG ELECTRIC DMO\ 2001
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respect to each separate contract, on the date both of the
Purchaser and the applicable Seller have duly authorized,
executed, and delivered this contract. These contracts shall
terminate as provided in Section 13. The dates which the
contracts are executed and binding may be, but are not required
ac'
to be, the same. The failure of one or more Sellers to execute
this instrument does not affect the formation of a contract by
the Purchaser and Sollars that execute this instrument since the
Sellers that do execute this contract are required to provide all
e
of the firm power and energy requirements of the Purchaser as
described in Section 3(c).
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SECTION 2: Definitions. As used hersin:
(a) "Bryan" shall mean the City of Bryan, Texas.
(b) "Denton" shell mean the City of Denton, Texas.
(o) "Energy" shall mean kilowatt-hours (kwh).
(d) ":arland" shall mean the City of Garland, Texas.
(a) "Greanvilla" shall mean the City of Greenville, 'texas.
(f) "Points of Delivery" shall mean the points on the
System of, or available to, the Seller, as determined from time
to time by the Seller and the Purchaser, at which Power and
Enargy are made available to the Purchaser pursuant to this
Contract. Such Points of Delivery shall be attached hereto on
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01 31 A0 0021 12214 203 2636 COG ELECTRIC DENTON ~OOA
Exhibit "A", and a change therein, approved by the Seller and the
Purchaser shall not be considered as an amendment to this f
Contract.
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(g) "Power" shall mean kilowatts (kw).
(h) "Purchaser" shall mean the City of Farmersville, Texas.
(i) "Seller" shall mean each of Bryan, Denton, Garland, and {
Greenville acting on its own behalf, severally and not jointly.
(j) "System" shall mean the seller's electric utility
system.
(k) "TMPA" shall mean Texas Municipal Power Agency.
(1) "Uniform system of Accounts" and all other accounting
methods and terminology contained or referred to in this Section +
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or elsewhere in this contract means accounting principles,
methods and terminology followed and construed, as nearly as ;
practicable, in conformity with the uniform System of Accounts
I~ for Class A and Class B Public Utilities and Licensees and
accounting rules and regulations thereunder prescribed by the
rawral Energy Regulatory commission for privately owned power r
companies which are subject to its jurisdiction and engaged in
business comparable to the business of the Seller insofar as the
System is concerned, as amended from time to time, or such other
system as may be required by any regulatory agency,
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0L S1 90 09:21 '0214 203 2636 COG ELECTRIC
DEViO\ 2009
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SECTION 3: Sale and Purchase of Firm POWer and Ene_gy.
(a) The Seller agrees to provide and the Purchaser agrees
to purchase and to receive the Purchaser's total requirements for
eu Power and Energy for the operation of the Purchaser's electric ti
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system in excess of (1) any amount generated from facilities
which the Purchaser jointly owns with TMPA, (ii) any amount
purchased from TMPA after re-creation of TMPA by the addition of
one or more cities including, but not limited to, the Purchaser,
(iii) any amount purchased from a joint powers agency created by
the Purchaser and by one or more of Bryan, Denton, Garland, or,
l Gre:s.
villa, for the purpose of construction of future generating
f facilities, (iv) any amount generated by the Purchaser from a 3
facility which is jointly owned by the Purchaser r I
and by a joint
powers agency created by one or more of Bryan, Denton, Garland
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and Greenville, and (v) any amount purchased from a city other
than the Seller which is a member-city of TMPA pursuant to a
contract substantially identical to this contract.
(b) it is the intent of this Contract that if any of the
Sellers, as that term is defined in Section 2 of this Contract,
do not execute this contract then the remaining Sellers who do
execute this contract will be responsible for providing all of i
the power and energy requirements of the Purchaser, as required
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0 1 i31'90 09:22 0214 205 2608 COG ELECTRIC HYMN ®010
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under subsections (a) and (c), for the Term of this Contract.
The formula which dictates how much power and energy'gach Seller
is required to provide is contained in Section 3(c) of this
Contract.
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(c) The Seller's obligation to provide Firm Power and
Energy under this contract is limited to a proportion of
,5.
I Purchaser's total requirements for Firm Power and Energy,
calculated by multiplying Purchaser's total requirements by a lF
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fraction, the numerator of which is the difference between
Seller's available capacity including its then current
entitlement from Gibbons Creek, and 1.15 times the Seller's
t
I native peak load after excluding other firm or nonfirm salvo and
4 the denominator of which is the sum of the numerators for all of
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Bryan, Denton, Gsrland, and Greenville. Exhibit B reflects two
F examples of calculations of the above formula.
(d) In association with the power and energy being sold to
` Purchaser, Sellars will provide all of the operating and planning
reserves required by applicable operating agreements with other
members of the Electric Reliability Council of 'faxes in
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proportion to their obligation to provide Firm power and energy
under Section 3(c) above.
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SECTION 4: Delivery of Firm Power and Ene_gy.
(a) The Firm Power and Energy to be furnished under this
Contract shall be three (3) phase, alternating current, at a
nominal voltage of 24,900 volts at one point of delivery, and a
'a
nominal frequency of sixty (60) hertz, subject to conditions of
delivery and measurement as hereinafter provided. 3
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(b) The Points of Delivery and other conditions of service
shall be in accordance with Exhibit "A" attached to this
contract, as modified by the Seller and the Purchaser from time
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to time. The location of the delivery point, for service a'
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commencing on September 35, 19900 shall be mutually agreed upon
between Purchaser and Seller. After commencement of service
under this contract, no delivery points will be added without
permission of the Purchaser. The Seller will provide for the
construction of all facilities on the supply side of the metering
point and for the operation and maintenance of those facilities. f
(c) The Sellers will pay for and construct a single 25RV
metering point located at a mutually agreeable location near the
Roping Club Arena on old Josephine Highway. The Sellers will pay
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for and install n 25KV Realoser at the metering point. All
facilities on the Purchasers side of the metering point will be
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01i31'BU U`J:94 U414 2U3 2636 CUU ELL(AHIC U01U)
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operated and maintained by Purchaser. All facilities past this
point will be paid for, constructed and owned by Purchaser except
for the following facilities, which will be paid for and
constructed by the Sellers:
1) A 25KV Express Feeder from the metering point to a
mutually agreed upon.point on South Main Street, on
property currently owned by the Purchaser, near the
City Hall for the location of the 4160 volt stepdown
k`
station. Purchaser will provide routing and rights- 4•
of-way for this line.
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k.
2) Three 150 ampere voltage regulators...
3) Four 1000 KVA 25KV wye/4.16 KV wye transformers or
similar facilities or equipment that will provide 1
j the same level of reliable service.
R
After installation and successful operation, the facilities A
listed in 1-3 above will be owned, operated and maintained by
Purchaser. The Seller'& interest in the facilities listed in 1-3
will be transferred to Purchaser automatically on the date seller
obtains such interest from TMPA. Purchaser shall have no
obligation to operate or maintain said facilities until title to
those facilities is transferred to Purchaser.
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01/31/90 09:24 0214 203 2930 COO ELECTRIC DENTON
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(d) In the event adequate transmission arrangements have
not been made by Purchaser for the transmission of Seller's power
and energy to Purchaser by September 25, 1990, then the x
commencement data of the terms and conditions of this contract
s+
and dal!.very of power and energy related thereto shall be
extended until such time as Purchaser is able to make adequate
arrangements. The Sellers will be responsible for delivery of
firm power and energy under this contract, to the metering point,
and any costs related to delivery of firm power and energy.
(e) Metering equipment shall be furnished, installed and
maintained by the Seller at each Point of Delivery. I `
!
r
i transforming equipment is located at the point of delivery, said t;
metering equipment shall be located on the high voltage side of
j the transformer.
a
(f) The Purchaser shall maintain its electric system such
that the power factor at each metering point shall be between .90
lagging and .90 leading. In the event that the power factor at
the time of monthly peak demand is less than .90 lagging, the
demand for billing purposes will be adjusted by the following
formulae
1
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01/31/90 09:23 0214 203 2830 COG ELECTRIC DE\TO.N
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Adjusted demand Actual demand x .90
Power factor
SECTION 51 Rates and Charaes. 4
`i
is
(a) The rates and charges of the Seller to the Purchaser
for Power and Energy and for services supplied shall bet ,fe
(i) non-discriminatory,
~a
(ii) fair and reasonable, and be based upon the average
costs of providing the Power and Energy or providing the service
with respect to which the rate or charge is based as shown in
a
Exhibit E, and
(iii) adjusted annually to reflect the average cost of
Energy as calculated on an annual basis in the manner described
in this section,
f (b) Except with respect to adjustments expressly allowed by
this Section 5(0), the rates and charges set forth on Exhibit OC"
I are firm until the earlier of January 1, 1994 or when the
Purchaser receives (i) any power or energy generated from
j facilities which the Purchaser jointly owns with TMPA, (ii) any
- 13 -
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F r_i F
OL/11/90 09:29 'W14 203 2030 COG ELECTRIC DENTON O1S
F
Power or energy purchased from TMPA after re-creation of TMPA by
the addition of one or more cities including, but not limited to,
the Purchaser, (iii) any power or energy purchased from a joint
powers agency created by the Purchaser and by one or more of
s
Bryan, Denton, Garland, or Greenville for the purpose of
construction of future generating facilities, or (iv) any power F
or energy generated by the Purchaser from a facility which is,
jointly owned by the Purchaser and by a joint powers agency
created by one or more of Bryan, Denton, Garland, and Graenville.
After such date, the rat's and charges in Exhibit "C" shall be
j amended. The amended rates and charges shall be based on the
! criteria in subsection (a).
(o) On January 1 of each year during the term of this
contract, the average cost of energy for the preceding year
ending September 30 of Bryan, Denton, Garland, and Greenville
shall be compared with the average costs of Purchaser for the
same time period under the rates charged in Exhibit "C", the
Purchaser's rates to be corrected to reflect Purchaser's average
cost at the load factor of the system. The average costs of
j
Bryan, Denton, Garland, and Greenville shall be calculated by '
dividing the sum of the production costs of Bryan, Denton,
Garland, and Greenville by the combined energy supplied to firm
load by Bryan, Denton, Garland and Greenville as shown in Exhibit
- 14 -
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01 31,90 09;27 0214 205 2639 COG ELECTRIC
DENTO\' f~ O18
f
The production costs of Bryan, Denton, Garland and
Greenville shall be calculated by summing the demand charge of
TMPA, the energy charge of TMPA, the operating and maintenance
costs for power generation by Bryan, Denton, Garland and
Greenville, debt service for generation by Bryan, Denton, Garland
and Greenville, and other associated costs of generation by
Bryan, Denton, Garland and Greenville as shown in Exhibit "E", X'
Purchaser's corrected average cost will be the actual cost paid r
~ a
under the rate in Exhibit "C", adjusted to reflect Purchaser's
1 cost at a transmission rate and at system load factor. An r
example calculation of the Purchaser's corrected average cost is y.
shown in Exhibit "F". If this corrected rate is aligher than the
average costs of Bryan, Denton, Garland and Greenville, that
difference shall be returned to the Purchaser, without liability `
for any interest. Under no circumstances will the Purchaser be
required to reimburse monies to the Sellers if the averages costs
to Sellers are more than Purchasers' actual costs. From and
after the date the Purchaser receives power and energy from one
of the four sources enumerated in subsection (b), if a reduction
in the Purchaser's demand for Power and Energy from the Sailer
occurs, the calculation of average costs shall be changed to
reflect the demand of Purchaser for Power and Energy from the
Seller and the Seller's costs at such time.
~I
- 15 -
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SECTION 6: Meter Readings and Seller's Billing. The Seller
shall read meters or cause meters to be read and bill the
Purchaser or cause the Purchaser to be billed for Power and
Energy furnished under this contract at monthly intervals. If
{ multiple points of delivery are provided by Sellers, then the
demand utilized for billing purposes shall be calculated on a
coincident peak demand basis. Payment of bills are due within r
15 days after receipt by Purchaser. Payment of all bills shall
i
be made to the person, at the address, in the manner, specified t
f in each bill. Seller may cause billing services to be performed
by TMPA or by some other legal entity and Seller's bills may be
aggregated with the bills to Purchaser of any other member city a<
of TMPA. In such event, the Purchaser may pay a single amount to s
f TMPA or to the other entity, as the case may be, for credit to
the account of the Seller and the other cities as detailed on the
f bill.
j
i
SECTION 71 Meter Testing and sill inel_Milatments. The
` Seller shall test and calibrate meters or cause meters to be
tasted and calibrated by comparison with accurate standards at
intervals of twelve (12) months, or such other intervals as the
parties agree. The seller shall also make or cause to be made
I special meter tests at any time at the Purchaser's request. The
C costs of all tests shall be borne by the Seller, provided,
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01/51/gU 09:28 0213 205 285s COG ELECTRIC DEMON fouls
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F r however, that if any special meter test made at the Purchaser0s
i
request shall disclose that the meters are recording accurately,
` the Purchaser shall reimburse the seller for the cost of such
test. Meters registered not more than 1/2 of 1% above or below
normal shall be deemed to be accurate. The readings on any meter '
which shall have been disclosed by test to be inaccurate shall be
corrected from the beginning of the monthly billing period
M immediately preceding the billing period during which the test g
E was made in accordance with the percentage of inaccuracy found by
such test, provided, that no correction shall be made for a
~t
longer period unless the Seller and the Purchaser mutually agree }
thereto. Should any meter fail to register, the Power and Energy
delivered during such period of failure shall, for billing
M o'
f purposes, be estimated by the Seller and the Purchaser from the
best information available. The Seller shall notify the
Purchaser or cause the Purchaser to be notified in advance of the J
time of any meter test so that the Purchaser's representative may
be present at such meter test. For the purpose of notifying the
f Purchaser in advance of a meter test, the Seller is not required
` to provide written notification as required by section 21.
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# SECTION 8: Payments to Constitute Operating Expenses of
Purchaser's System. The Purchaser's obligation to make the
i payments under this contract shall constitute an operating
expense of its electric system payable solely from the revenues
f and receipts of such electric system.
SECTION 9: Covenants of the Purchaser.
(a) The Purchaser covenants to establish, maintain and
collect rates and charges for the electric service of its
electric system which sha31 produce revenues at least sufficient,
together with other revenues available to such electric system
and available electric system reserves, to enable it to pay to
the Seller, when due, all amounts payable by the Purchaser under
this contract.
(b) The Purchaser covenants that Firm Power and Energy
supplied under this Contract will be used only to supply
Purchaser's retail customers as members of th3 general public and
will not be resold to other utilities at wholesale or resold to
I any person or business pursuant to a written contractual
arrangement or other understanding which differs in any respect
i ~
from sales to the public generally. For purposes of this section
9(b), purchases of Firm Power and Energy by industrial or
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01 31 90 09:30 V214 203 2636 CUG ELECUIC DENIM 4020
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business customers pursuant to a rate structure published by the
Purchaser and available to any customer meeting the established
criteria (size of load, load factor, etc.) are treated as sales
i
to the public generally and are not prohibited by this section.
SECTION 10: Covenants of the Seller.
(a) The Seller covenants to use reasonable diligence to
provide a constant and uninterrupted supply of Power and Energy
I 1
hereunder. If by reason of force majeure, the supply of Power
and Energy shall fail, or be interrupted, or become defective as 4
hereinafter provided, the Seller shall not be liable thereof or
for damages caused thereby. Pursuant to the Power Sales
Contract, as amended, between Seller and TMPA, Seller is a
obligated to take all of its requirements from TMPA and is
prohibited (except in certain limited circumstances) from t
constructing additional generating facilities. Therefore, no
provision of this Contract requires Seller to construct capacity
' to provide Power and Energy to Purchaser. If Seller does not
f
have sufficient capacity to provide to Purchaser the Power and
a
Energy required under this Contract, Seller shall purchase the
additional Power and Energy that is required. i
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1 01/31/80 0830 UM 203 2636 COG ELECIRIC UE\1U.\ 4U21
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(b) The Seller covenants that it will operate, maintain and
j manage its System or cause the same to be operated, maintained
and managed in an efficient and economical manner, consistent '
with sound utility practice and in accordance with standards
normally used by utilities owning like properties.
f
SECTION 11: Remedies in Event of Default.
(a) If the Purchaser fails or defaults in meeting the
terms, conditions and covenants of this contract, the seller
shall give notice to the Purchaser. The Purchaser shall from the
date of the mailing of such notice, have a period of 15 days to
cure the default.
f.
(b) If the Purchaser does not cure its default within such
period of fifteen (15) days, then, so long as the Purchaser
remains in default, and in addition to any other rights which the
Seller has under this contract and at law and in equity, the
Seller may terminate all service to the Oirchaser provided,
however, that Seller shall specifically notify Purchaser, in
writing, at least fifteen (15) days prior to such termination of
services hereunder. Such notice of termination may be included
in the notice required under subsection (a), and, in such a case,
the fifteen (15) day period in which the Purchaser nay cure a
20 -
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default may also serve as the fifteen (15) day notice period
prior to termination of service. Termination of service
hereunder shall not reduce or change the obligation of the >r
Purchaser under the other provisions of this contract.
(c) If the Seller fails or defaults in meeting the terms,
conditions and covenants of this contract, the Purchaser shall
give notice to the Seller. Following such notice, the Seller
shall have a period of 15 days to cure the default. If the
default is not cured in the 15 day period, then tae Purchaser
shall have all of the rights and remedies provided at law and in
equity.
SECTION 12: payment Due Dates and Delinquency. In the
event that the Purchaser fails to make any payment within fifteen
(15) days after receipt of the bill$ interest on the delinquent
amount shall accrue at the rate of ten percent (lo}) annum 4
from such date until paid in full. Following the fifteen day
period in which Purchaser may cure such default as provided in
4
Section 11, the Seller may, in addition to any other remedy in
this contract including termination of service and including any
other remedy available at law or in equity, institute a #
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proceeding for a mandatory injunction requiring the payment of
the amount due and interest thereon, such action to be instituted
in a court of competent jurisdiction.
i
SECTION 13: Term of Contract.
(a) The Seller's duty to provide Firm power and energy
under this contract shall commence on September 25, 1990.
(b) If Seller does not request Purchaser to enter into a
F contract as specified in subsection (c) hereunder, then this
contract shall terminate on January 1, 1998.
i '
i
(c) During the term of this contract, seller may in
4 writing, request Purchaser to enter into a contract (1) with
I
TMPA, for the joint ownership of a generating unit with TMPA,
f'
(ii) with TMPA, for the purchase of power and energy from TMPA,
following the re-creation of TMPA by the addition of one or more
cities, including Purchaser, (iii) with a joint powers agency,
created by Purchaser and by one or more of Bryan, Denton,
Garland, or Greenville, for the purchase of power and energy from }
( the joint powers agency, or (iv) with a joint powers agency
j )
i created by one or more of Bryan, Denton, Garland or Greenville,
IIi - 22 -
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UL/ J Ir IN UN: 33 %YLI4 LUS 9030 LUU ELtllnlL UL'SIUA UL4
for the joint ownership of a generating unit with the joint
powers agency, or (v) with TMPA for the construction of electric
generating facilities for the Purchaser utilizing the 'proceeds of
special contract revenue bonds to be issued by THPA.
Hereinafter, such a contract shall be referred to as a "contract
I
of participation".
(d) Within one year after the receipt by Purchaser of a
request under subsection (c), Purchaser shall (i) comply with the
j
request by entering into the contract of participation and elect
to have this contract terminate on the date of termination of the
contract of participation (ii) deny the request and elect to
i
( terminate this contract, effective two years after receipt of the
I
request, or (iii) deny the request and elect to have this
contract continue on a "rolling" five year term. If, during the
"rolling' five year term, no notice terminating the contract is
received before any January 10 then the Purchaser and the seller
will be deemed to have continued the contract for another five
year term commencing on January 1. If, however, during the
'rolling" five year term, the Purchaser or the Seller provides q
i written notice to the other before any January 1 terminating the
contract, than the contract will terminate at the end of the five
year period commencing on January 1.
-23- t
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(e) If the Purchaser fails to respond to a request under
subsection (c) within one year after the receipt of the request,
the request will be deemed automatically denied and this contract
j shall continue on a "rolling" five year term as more specifically
E described in subsection (d).
SECTION 14: Force Maieure.
I
(a) if for any reason of "force majeure" any of the parties
hereto shall be rendered unable, wholly or in part, to carry out
its obligations under this contract, then if such party shall
give notice and the full particulars of such reasons in writing
to the other party within a reasonable time after the occurrence
of the event or cause relied on; the obligation of the party i
giving such notice, so far as it is affected by such "force s(
majeure," shall be suspended during the continuance of the
inability then claimed, but for no longer period, and such party E'
shall endeavor to renove or overcome such inability 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, orders or actions of any
kind of the Government of the United States or of the State of
)
Texas or any civil or military authority, insurrections, riots,
epidemics, landslides, lightning, earthquakes, fires, hurricanes,
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01/31/80 09:34 U214 205 2636 CUG BL.EC1k1G ..y
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storms, floods, washouts, droughts, arrests, restraints of
government and people, civil disturbances, explosions, breakage
or accident to dams machinery, pipelines, or canals or other s.
E ~ t
structures or machinery, on account of any other cause not
II reasonably within the control of the
party claiming such
! inability. It is understood and agreed that the settlement of
strikes and. lockouts shall be entirely within the discretion of
the party having the difficulty, and that the above requirement
that any "force majeure" shall be remedied with all reasonable
dispatch shall not require the settlement of strikes and lockouts
by acceding to the demand of the opposing parties when such
settlement is unfavorable to it in the judgment of the party
having the difficulty. l
?3
(b) No damages shall be recoverable from the Seller or from
the Purchaser by reason of the cause above mentioned. `
(c) Upon request from Purchaser, sellers will assist
Purchaser in an effort to secure an alternative temporary source
of power and energy in the event of an interruption of power. ~
SECTION 15: Records and Accounts. The seller will keep
accurate records and accounts of the System and of the
transactions relating to each facility constituting the System as
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O1/31180 08:33 V214 203 2d38 COG ELECTRIC DEMON m027
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well as of the operations of the Seller in accordance with the
uniform System of Accounts, which shall include depreciation.
I
Within one hundred twenty (120) days after the close of each
f
fiscal year of the Seller, the Seller shall cause such records
and accounts with respect to such fiscal year of the Seller to be
J
I subject to an annual audit by an independent certified public
i
accountant.. A copy of each such annual audit shall be sent by
the Seller to the Purchaser.
SECTION 16: Access. The Purchaser shall have reasonable
access to examine any and all books and records of the Seller
which are public records under the Open Records Act and to
I examine any facility of the System. The Seller and the Purchaser
f will give the other access to the facilities and (when permitted
by existing easement) to the easements, rights-of-way and
property of each other at all reasonable times for the purpose of
constructing, maintaining, repairing or removing facilities,
q 1 reading meters and performing work necessary or incidental to
delivery and receipt of Firm Power arid Energy furnished
hereunder. To the extent it is necessary to authorize the
delivery of the power and energy required under this contract, to
Purchaser (and not to others), Purchaser consents to the
)
extension of electric lines inside the incorporated boundaries of
Purchaser.
1', -26-
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SECTION 17: Assignment. This contract shall not be
assignable without the written consent of the purchaser and each
j of the Sellers.
I
SECTION 18: Successors and Assigns. This Contract will
inure to and be binding upon the successors and assigns of the
respective parties. '
I i
SECTION 19: Governmental Ratesl Regulations and Laws. The
contract shall be subject to all valid rules, regulations and
i
laws applicable thereto, as promulgated by the United States of
II
America, the State of Texas, or any other governmental body or 1
agency having lawful jurisdiction or any authorized
representative or agency of any of them.
~X
SECTION 20: Notices. Any notice, request, demand,
statement or bill provided for in this contract shall be in 11
writing and shall be considered to have been duly delivered and
received when sent by registered or certified mail, addressed as
provided in Exhibit "0", unless another address has been
designated, in writing, by the party entitled to receive same.
27 - d
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SECTION 21: Severability. The parties hereto agree that if
any of the provisions of this contract should contravene or be
held invalid under the laws of the State of Texas, such
contravention or invalidity shall not invalidate the whole
contract but it shall be construed as though not containing that
particular provision, and the right and obligations of the
parties shall be construed and in force accordingly.
{
i
SECTION 22: Entire Contract. This contract shall
1 constitute the entire understanding between the parties hereto,
superseding any and all previous understandings, oral or written,
~,ertaining to the subject matter contained herein. No party
hereto shall have any relief, or be entitled to rely, upon any
oral representation or oral information made or given to such
i
j party by any representative of the other party or anyone on its
behalf. 41
I
a' SECTION 23: No Waiver. The failure of a party to enforce
at any time any of the provisions of this contract or to require
at any time performance by the other party of any of the
provisions of this contract shall not be construed as a waiver of
such provisions or of the right of such party thereafter to s
j
enforce each and every provision of this contract.
28 -
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01/3L/90 09:37 0211 205 2858 COG ELECIRK DENTON 0030
IN WITNESS WHEREOF, the parties hereto have caused this ;
r
contract to be executed in their corporate names and their
corporate seals affixed, all by the proper officer duly
authorized thereunto, as of the day and year first hereinahove
I
written.
CITY OF FARMERSVILLE, TEXAS
f I
By: At
Mayor
(Seal)
I
ATTEST: II
I
Date of
By: Execution:
y
City Secretary
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01,31 06: JS in, -14,. 20i 263d CUG LULIHIC ULNIWs Lj& U31
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CITY OF BRYAN, TEXAS
By: _
i
Mayor
r
i (Seal)
! ATTEST:
Date of ;f
By0 Execution:
- -
City Secretary
C
F CITY OF DENTON, TEXAS
EfBY:
Mayor
(Seal) t
ATTEST:
Date of
aye Execution:
City Secretary
4
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( a
r CITY OF GARLAND, TEXAS
r
BY:
Mayor
(Seal)
ATTEST:
Date of
By: u Execution:
e
city secretary
CITY OF GREENVILLL', TEXAS
By:
Board Chairman
(Seal)
ATTEST:
Date of
BY: Execution:
+ -
Board Secretary
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EXHIBIT •A^
POINT OF DELIVERY
i
The Point of Delivery shall be as follows:
I At a mutually agreeable location near the Roping Club Arena on old
Josephine Highway.
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EXHIBIT "A"
I` * Example Calculation of the Proportional Share of Firm Power
and Energy to be Provided by each Seller to Purchaser
Sellers Available Capacity - Mw $r330 Den258 Garland Greenville
616 144
Sellers Native Peak Load 153 176 367
83
1.15 times Peak Load 176.0 202.4 422.0 95.4
Difference - Numerator 134.1 55.6 194.0 48.6
Denominator - Sum of Numerators 432 432 432
432 Fraction 0.3102 0.1287 0.4488 0.1123
Farmersville Load - 4800 KW
Obligation
1489 618 2154 539
If, for Contract, thenetheiryIndBryan, ividualnobligations Greenville
be executed calculated this
follows:
Bryan Denton Greenville
Sellers available capacity - MW 310 258 144
Sellers Native Peak Load 153 176 83
1.15 times Peak Load 176.0 202.4 95.4 a'
Difference - Numerator 134.1 55.6 48.6
Denominator - Sum of Numerators 238 238 239
Fraction :5634 .2336 .2042
Farmersville Load - 4800 KW ~q
Obligation 2704 1121 980
The numbers appearing in this Exhibit are for illustrative purposes
only and are not intended to specify exact obligations to provide
firm power and energy under this Agreement.
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01/31,80 09411 1®'114 20s 2630 COG ELECINIC . DE MN C~03s
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EXHIBIT NC"
RATES AND CHARGES
Demand charge . . . . . . . . . . . . . . $13.03/KW
Energy charge . . . . . . . . . . . . . . $ 2/M W H
`y
THE DEMAND CHARGE SHALL APPLY TO THE LARGER OF THE ACTUAL MONTHLY
METERED DEMAND (AS ADJUSTED BY THE POWER FACTOR ADJUSTMENT, IF
NECESSARY) OR 50% OF THE LARGEST MONTHLY METERED DEMAND (ADJUSTED
FOR POWER FACTOR) IN THE LAST ELEVEN MONTHS.
A MONTHLY FUEL CHARGE WILL BE MULTIPLIED 4Y THE ENERGY
CONSUMPTION. THE FUEL CHARGE WILL BE THE AVERAGE COST CF FUEL
FOR BRYAN, DENTON, GARLAND, GREENVTLLE AND PURCHASER. THE FUEL
CHARGE WILL BE CALCULATED ON AN "'ESTIMATE AND CORRECT" BASIS.
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01/31/80 08:41 0214 205 2636 COG EUCI'RIC . DENTON 110ae ~
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M EXHIBIT ~D"
` NOTICES
All notices, requests, demands, statements or bills shall be F
mailed to the following:
CITY OF FARMERSVILLE I
Attention: City Manager
303 S. Main Street
Farmersville, Texas 75031
,x43,
CITY OF BRYAN y'
Attention: City Manager
P.O. Box 1000
Bryan, Texas 77805 E
CITY OF DENTON
Attention: City Manager
215 E. McKinney
Denton, Texas 76201
CITY OF GARLAND t
Attention: City Manager
P.O. Box 469002
Garland, Texas 75046
CITY OF GREENVILLEC
Attention: Director of Electric Utilities
P.O. Box 1649
Greenville, Texas 75401
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Exhibit "E"
Calculation of Average Costs of Seller
Average cost of Seller A where
B
A The sum of the demand charge of TMPA, the energy charge of
TMPA, the operating and maintenance costs for power
generation by the Sellers, debt service for generation by the
Sellers and other associated costs of generation and costs of k
purchase power of Sellers.
8 The combined energy supplied to firm load by Sellers.
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01/31,UU UUt42 %Y914 WU3 2d38 COG ELLUNIC ANION 4UJ8
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EXHIBIT "F"
1. Farmersville Average Cost Adjustment Example Calculation
2. System Average Load Factor 48.384
3. Peak Demand 4,804 KW From Peak
Month's Bill
4. Demand Billing Units 39,178 Annual KW from
Billings
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5. Energy Billing Units 17,149,800 KWH from Billings
6. Demand Rate $13.03 per KW
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7. Less Distribution Charge $1.25 per KW
8. Equivalent Transmission Rate $11.78 per KW (Line 6
minus Line 7)
9. Transmission Demand Bill $4610516.84 Line 8 times Line 4
10. Actual Fue. & Energy Bill $283,829.19 From Billings
11. Average Fuel & 11nergy Coot $0.01655 Line 10 divided by
Line 5
12. Energy Required to Produce 20,3590810 Line 3 times Line 2
system Load Factor times 8760
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13. System Load Factor Energy $336,954.85 Line 11 times u
Bill line 12
14. System Load Factor $798,471.69 Line 9 plus Line 13
Total Bil l
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t^" 15. Equivalent Average Cost $0.03922 Line 14 divided by
Line 12 a
The numbers in this Exhibit are for illustrative purposes only. '
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erpt
` Minutes PubliccUtilities Board
1/17/90
12. CONSIDER CONTRACT WITH THE CITY OF FARMERSVILLE.
'F
Nelson explained that a similar situation as in item #11
above existed with this contract. However, the urgency of
finalizing the contract is greater.
Thompson made a motion to pass this item on to the City f
Council for consideration with the stipulation that staff I
work out the matter of equity in the charges for the sale
of power. Second by Frady. Four ayes, one nay (Chew),
motion carried.
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DATE: February 13, 1590
CITY C(XJNCIL REPORT FORMAT
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" TO: Mayor and Members of the City Council
FRCId: Lloyd V. Harrell, City Manager
SUBJECT: Consider approval of a license agreement between the City of
Denton and Texas Wasts Management to use the public streets for
the purpose of engagiry In the business of collecting and
disposing of solid waste.
RECCM~IENDATION:
Staff recommends approval.
SLFTIARY:
The agreement sets out the terms for being licensed to operate In the City of
Denton Including the 8% fee on gross receipts. The accompanying resolution also
gives the City Manager the authority to execute all similar license agreements.
BACKGRO":
Tho City Council adopted an ordinance on January 2, 1990, requiring a license
for private solid waste haulers to operate in the City. The license estab- k
lashes a fee of 89 of revenues collected in the City In return for the use of
the City's streets, alleys and thoroughfares.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
4 Private solid waste haulers.
FISCAL IMPACT: +
It Is antlcipt,ted that the license fees will generate approximately one-half
of the projer:ed shortfall in solid waste revenues with the remainder to cane r
from the City solid waste rate increase adopted on January 2, 19',10.
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Respect ly submit e ,
Lloyd V, Harrell
City Manager 1
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I Charles S. W~bt
*Supllrintendent, Solid Waste Division
Appro ~
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M 8111 Angelo
Director of Community Services
1W1/021390082 }
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RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
BETWLBN 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.
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION I. That the City Manager is hereby authorized to exe-
cute an agreement between the City of Denton and Texas Waste
Management, Inc., under the terms and conditions contained in the
agreement, a copy of which is attached hereto and made a part
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hereof.
SECTION II. That the City Manager is hereby authorized to
execute license agreements with those businesses who use the public
streets within the city for the purpose of engaging in the business
of collecting and disposing of solid waste if such agreements are
in substantially the same form as the License Agreement attached ;
hereto.
SECTION III. That this resolution shall become effective
immediately upon its passage and approval.
,tPASSED AND APPROVED this the day of , 1990. v
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RAY STEPHENS, MAYOR #
` ATTESTS
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
r DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
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LICENSE AGREEMENT BETWEEN
THE CITY OF DENTON AND
TEXAS WASTE MANAGEMENT, INC.
I.
GRANT
,y For and in consideration of compliance by the LICENSEE with the
conditions set forth in this Agreement, and the ordinances and
regulations of the City governing the collection of solid waste,
the CITY hereby grants to Texas Waste Management, Inc. a license to
use the public streets, alleys and thoroughfares within the
corporate limits of the City for the purpose of engaging in the
business of collecting and disposing of garbage, trash, rubbish,
and solid waste from any person, as provided in Chapter 12 of the
Denton Code of Ordinances, Sec. 12-23 and Sec. 12-24, from
locations within the corporate limits of the City.
II.
TERM
The term of this Agreement shall be for a period commencing upon
the lot day of January, 1990, and continuing through the 31st day
of December, 1990.
III.
NON-WAIVER OF POWERS
This Agreement shall not be taken or held to imply the
relinquishment or waiver by the CITY of its
reasonable requirements or r power to make other
expressly reserves the right to make all Y and the ci hereby
necessary or pro egula which may be
per to secure in the most ample manner er the salat
welfare and accommodation of the public including, among other
1 things, the right to adopt and enforce regulations to protect and
pronoto the health and general welfare of the public from danger
and inconvenience in the management and operation of garbage and
solid waste collections, and to provide such service as is
contemplated by this Agreement.
IV.
SCOPE AND MATURE OF OPERATION
It is expressly agreed and understood that the LICENSEE shall use
suitable containers to collect and deliver for disposal all garbage
and solid waste removed by said LICENSEE. LICENSEE shall, at its
own expense, furnish personnel and equipment to collect garbage and
solid waste from customers. LICENSEE will establish and maintain
in an efficient and business-like manner such scheduled routes and
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S special schedules as may be necessary to fulfill the solid waste
service requirements of accounts located within the City,
V.
RULES AND R:GULATIONS
A. The City Manager may impose all reasonable rules and
regulations as a condition precedent to issuing a license
under this article and as a condition subsequent to continuing
validity. Such rules and regulations may include, but are not
necessarily restricted to, a type of vehicle to be used in
collection, number of pickups per week required, method and
route for transporting said collection, appropriate disposal
h locations and identification of trucks. Such rules and J
regulations shall be subject to the approval of the City 11
Council.
B. LICENSEE may not discontinue service to a commercial or
industrial customer for non-payment without first removing
the container. LICENSEE agrees to notify the city of Denton
Code Enforcement Division upon removal of container for non-
payment.
C. LICENSEE shall furnish CITY a list of the locations of its
solid waste customers in the City on a quarterly basis,
LICENSEE to provide the CITY with the first list not later
than March 1, 1990 for the purpose of updating the photometric
index information and to *exist the City's Cods Enforcement
Division in handling litter and debris violations of the City '
Code of Ordinances. I
D. LICENSEE shall arrange for timely collection of large itema
placed beside containers by contactinq customer to authorize
collection. In the event the customer does not authorize
collection, LICENSEE will notify the City of Denton Code
Enforcement Division.
VI. {
PAYMENTS
The LICENSEE shall be responsible for billing accounts and
collecting payments from customers.
VII.
LICENSE FEE
In consideration of the license granted in Section I hereof,
LICENSE'! shall pay to the CITY, at the office of the executive
director of finance, in lawful money of the United States, eight IJ
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percent (83) of its gross receipts measured by the solid waste
collection service fees and revenues collected and other income
from any source derived from the operation of the solid waste
collection service within the corporate limits of the City of
Denton. LICENSEE shall remit this license fee monthly on or before
the twentieth (20th) day of each month based upon the revenues
collected during the previous month, Revenues from the collection
of commercial or industrial waste material which is recycled is not +
subject to the license fee unless there is greater than ten percent
(lot) non-recycled waste in a container. This compensation shall
be in lieu of any other fees or charges imposed by any other I
ordinance now or hereinafter enforced during the life hereof, but
shall not release the LICENSEE from the payment of ad valorem taxes
levied, or to be levied, on property it owns, or fees for using the
city's landfill.
The books and records of LICENSEE shall be open at reasonable times
for inspection by the City Manager or his designee in accordance
with the terms of this license Agreement. II~
VIII$ 1
VEHICLE IDENTIFICATION
I~ The LICENSEE shall provide CITY with a list of vehicles which it
operates and the make, model and body style of each vehicle.
LICENSEE shall identify each vehicle by placing clearly legible
letters no smaller than six inches (6") on each vehicle identifying
the applicant by name.
IX.
DISPOSAL OF SOLID WASTE
The LICENSEE a
ree• to
g dispose all solid waste collected within the
CITY at a sanitary landfill site approved by the State of Texas.
/ The CITY reserves the right to designate a specific landfill site
to be used by the LICENSEE at any time during the term of this
Agreement,
X.
' TERMINATION
If at any time LICENSEE fails to perform any of the terms or
conditions herein set forth, CITY may, after a hearing as described
herein, revoke and cancel the license given in section I hereof and
this Agreement shall be null and void. The hearing prerequisite to
' such revocation shall not be held until notice of such hearing has
been given to LICENSEE by registered or certified mail addressed to
LICENSEE at the address shown on the record of CITY, or personally
delivered to LICENSEE, and a period of at least ten (10) days has
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elapsed since thQ mailing or delivery of such notice. The notice
+ shall specify the time and place of the hearing and shall include
the reasons for revocation of such license. The hearing shall be
conducted by the City Manager of the city are LICENSEE shall be
allowed to be present. and given full opportunity to answer such
charges and allegations as are not out against him in the notice.
If, after the bearing is concluded, the City shall determine that
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by the facts he charges and allegations sat forth in this notice are affirmed
cancel his agreement eandythe the license,and the is me may revoke
null
and void.
XI. 1
BOOKS AND RECORDS
The LICENSEE shall maintain a separate sit of records in a form
sufficient to identify its revenues and expenses involved in
collection and disposal of garbage and solid waste within the
separateethe limits of the accounting records of the Dton entontoperatioYn from its
ether operations.
The CITY may, at any time cause an audit, either formal or
informal, to be made of the portion of LICENSEE'S books and records
representing its Denton operation or any portion of any of its
other operations which may be allocated or charged to the Denton
operation. Any additional amount due CITY as a result of such
audit shall be paid within thirty (30) days following written
notice to LICENSEE from CITY.
XII.
INDEMNIFICATION/ INSURANCE
The WCENSIX assumes risk of loss or injury to property or persons
arisii,y from any of its operations under this Agreement, and agrees
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suits, o indemnify and hold harmless the CITY from all claims, demands,
litigation end tattorneys fees aerisinq from any such loss or
4 injury. it is expressly understood that the foregoing provisions
shall not in any way limit the liability of the LICENSEE. The
LICENSEE agrees to carry insurance during the entire teas of this
Agreement as followsi
a. Worker's Compensation insurance covering all employees of
the LICENSEE engaged in any operation covered by this
Agreement.
b. Automobile and Public Liability Insurance in amounts not
less then $1,000,000 per occurrence.
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¢ Such policies of insurance shall be issued by companies authorized
to conduct business in the State Of Texas, and shall name CITY as
an additional insured and shall insure CITY in the same general
terms and to the same general affect as the foregoing Agreement of
i LICENSEE to indemnify and hold harmless CITY, and certificates
evidencing such insurance contracts shall be deposited with CITY.
i MI.
ASSIGNMENT
Ito assignment of this Agreement or any right occurring under it
shall be made in whole or in part by LICENSEE without the express
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i written consent of CITY; in the event of any assignment, the
assignee shall assume the liability of LICENSEE hereunder.
xIV.
BANKRUPTCY
This Agreement shall terminate in the case of bankruptcy, voluntary
or involuntary, or insolvency of the LICENSEE. In the case of
bankruptcy, such termination shall take effect on the day and at
the time the bankruptcy is filed.
XV.
RIGHT TO REQUIRE PERFORMANCE
' The failure of CITY at any time to require performance by LICENSEE
of any provisions hereof shall in no way affect the rights of the
CITY thereafter to enforce the same. Nor shall waiver by the CITY
of any breach of any provisions hereof be taken or held to be a
waiver of any succeeding breach of such provision or as a waiver of
any provision itself.
XVI.
MISCELLANEOUS
A. If any provision of this Agreement shall be declared illegal, j
void or unenforceable, the other provisions shall not be q
affected and shall remain in full force and effect.
B. The effective date of this Agreement shall be on January 1,
1990.
C. All notices given pursuant to this Agreement shall be deemed
sufficient, if given in writing and delivered on a business
day during normal business hours, and deemed delivered on the
second business day after dispatch it sent by first class
mail, registered, return receipt requested, addressed as
follows:
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j CITY: LICENSEE,
City of Denton Texas Waste Management, no,
City Manager
215 East McKinney Attn: John Gustafson Denton, Texas 76201 0. Box 719
Lewisville, Texas 75067 ?
EXECUTED this day of c;
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ATTEST: j
CITY OF DENTON 'y
City Secretary Lloyd V. Harrell, City Manager
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ATTEST:
LiCENBEES
T'1 aY
Texas waste nags~ent, inc.
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