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HomeMy WebLinkAbout03-20-1990 ~RF T+• ll.Cl+~ J I y.4 Y r/I la. @~ 4 { P AGENDA CITY OF DENTON CITY COUNCIL March 20, 1990 Mork Session of the City of Denton City Council on Tuesday, March 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: 5:15 p.m. Note. Any item listed on the Agenda for the Work Session may also be considered .39 part of the Agenda for the s Regular Meeting. k 1. Exec+itive Session: A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S. w 1. Consider action in In Re: Flow. Woodson vs. Ciy, and Gladden vs. City. s 2. Discuss claim of Larry Champion. B. Real Estate Under Sec. 2(f), Art. 6252-17 V.A.T.S. Z ~ a ' C. Personnel/board Appointments Under Sec. 2(q), Art 6252-17 V.A.T.S. 2. Receive a report and hold a dievussion eoncerninq feasibility of intersection improvoments of Bell at McKinney. f 3. Receive a briefing regarding formation of an > Enterprise Zone. LJ Regular Meeting of the City of Denton City Council on Tuesday, t March 20, 1990, at 7:00 p.m. in the Council Chambers of City j Hall, 215 E. McKinney, Denton, Texas at which the following items will be considered: 7:00 p.m. . E 1. Presentation of a resolution of appreciation for Dale El 1 f I I F J i c City of Denton City Council Agenda March 20, 1990 Page 2 2. Consent Agenda: Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. _s Listed below are bids and purchase orders to be approved for payment under the Ordinance section of the agenda. Detailed back-up information is attached to the ordinances (Agenda items 3.A, 3.B). This listing to provided on the Consent Agenda to allow Council Members to discuss any item prior to approval of the ordinance. i A. Bids and Purchase orders: 1. Bid #1074 - Aerial Bucket Device 1 2. Bid 01075 - Water Treatment Chemicals 3. Bid #1077 - Rental of Street Construction w Equipment 4. Bid #1078 - Sludge Injection Tractor 5. P.O. 095164 - Motorola Communication B. Tax Refunds 1. Consider approval of a tax refund for Carriage Square Assoc./Kostel Inc. I 2. Consider approval of a tax refund for Barbara L. rowier/American Title Co. 3. 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. (2.A.1. - Bid #1074, 2.A.2. - Bid 01075, 2.A.3. - Bid #1077. f 2.A.4. - Bid #1078) B. Consider adoptioc. ,f an ordinance providing for the expenditure of funds for purchases of materials or equipment which are available from one source in accordance with the provisions of state law exempting such purchases from requirements of competitive bids. (2.A.5. - P.O. 495164) SJ f . 1 p r '"gyp r,^a A City of Denton City Council Agenda' March 20, 1990 Page 3 s' I C. Mconsider ayor to execute nanf agreement abetween hthezCity tof Denton and Denton Chamber of Commerce for the payment and use of hotel tax revenue. D. Consider adoption of 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 hotel tax revenue. ' zy E. 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. F. Consider adoption of an ordinance prohibiting parking of vehicles on both aides of Bonnie Brae ;treat, from old Bonnie Brae Street to U.S. Highway 77. (Citizen's Traffic Safety Support commission recommends approval.) Q. Consider adoption of an ordinance prohibiting parking of vehicles on both sides of Acme Street, from U.S. Highway 377 to Bernard Street. (Citizen's Traffic Safety Support commission recommends approval.) 6 H. Consider adoption of an ordinance prohibiting parking of vehicles on both sides of Tom Cole Road from a point 500 feet East of Masch Branch ; I Road to a point 500 feet west of Masch Branch e Road. (Citizen's Traffic Safety Support commission recommends approval.) 1. Consider adoption of an ordinance prohibiting parking of vehicles on both sides of Audra Lane, from its intersection with McKinney Street to its intersection with Paisley Street. (Citizen's Traffic Safety Support Commission recommends ! approval.) i J. Consider adoption of an ordinance approving amendment No. 1 to an agreement between the City of Denton and the Denton Independent School District to hold elections jointly { their election districts that can be served by common f polling places. g. Miscellaneous matters from the city Manager. I { i . 1 Aoki r Rµ' I 1 tit Marcho20Ue199p City Council Agenda Page 4 r r 5• Official Action on Executive Session Items: A• Legal Matters B. Real Estate C• Personnel D• Board Appointments J 6. New B 1 usinese; This et item provides a N, ggest items section for future agendas. ~ Council Members ' Executive • to Session: A' Legal Matters %'.A.T . S. Under Sec 2(e), Art. • 6252-17 VeAtT,Sstate Under Sec. 2(f), Art. 62S2-17 C. personne Art 6252 '/Board Appoin 2 tments _ ! _7 V•A•T.S• - Under Sec. ~ 2(4). f a NOTE, THE CITY COUNCIL EXRCUTIVE SESSION AT RESERVES THE I IS LEGALLY PER ANY TIME RIGHT TO } I►IISSIBLE. REGARDING ANY ITEM FA ROW htHIINTO HICH IT 1 ! IC E R T I P K A T E r+ I certif ~ bulletin y that the above notice of on the board at the City Hall meotin g was posted t (a.m.) fp.m j _ day of --`_°t the City of Denton on the 1990 at Texas, f o'clock - ~ I f CITY SECRETARY a i } 492914 j l 1 r j I I City of Denton City Council Agenda March 20, 1990 Page 4 5• Official Action on Executive Session Items: A. Legal Matters B. Real Estate C. Personnel D. Board Appointments ' I 6. New Business: This item provides a section for Council Members to suggest items for future agendas. 7. Executive Soss1.on: J A. Logal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S. 1 Y B. Real Estate Under Sec. 2(f), Art. 6252-17 V.A.T.S. 1 C. Personnel/Board Appointments Under Sec. 2(g), Art 6252-17 V.A.T.S. NOTE: THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO EXECUTIVE SESSION AT ANY TIME REGARDING ANY ITEM FOR WHICH IT IS LEGALLY PERMISSIBLE. i C E R T I F I CAT E A I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of 1990 at o'clock (a. m.) (P.m.) CITY SECRETARY } i F 4929M i 1 y yrY~~ ~ wR'in 'V ~ ~ yam.. N':'M.~ ~I I1r i Y t v , JIMETIU ME= y 1 y 1 I, Inn= r 1 I j MCI= In= 7 rr= ET= JI+~ Ole- t7i t C►rr or DrMroN, TEXAS lib E. MCKlNNFY/ DENTON, TEXAS 76201 1 TELEPHONE (817)5M200 } MEMORANDUM r tik 1 DATE; February 13, 1990 TO: Rick Svehla, ;eputy City Manager I FROM: Jerry Clark, City Engineer SUBJECT: Feasibility of Intersection Improvements Bell at McKinney JBM and Associates of Dallas has completed a bottleneck study of the Bell-McKinney intersection. I have enclosed the pages that give recommendations for immediate cost effective { improvements. , ` The primary problem at the intersection is left turn movements that block one lane in all four directions for through traffic. Capacity is severely restricted arch as through traffic on eastbound McKinney between 4:30 to 5:30 p.m. One major improvement that can be done economically is to install a modern controller to allow more phases, complete r actuation, and future ties to the closed loop system for monitoring. We should accomplish that improvement in spring 1990. The Critical recommended upgrade would be to provide left turn bays for both east and west bound McKinney street. McKinney street has higher peak hour turn counts and is more cost j effective to expand than Eell Avenue. Bell Avenue is nearly c,)st prohibitive as damages to buildings, removal of critical parking, and other serious issues hamper design and escalate costs, i We have completed engineering layouts for McKinney Street from the railroad (Union Pacific) to Oakland Street to provide for turn lanes. The new street section would be 54' b/b with sidewalk maintained on the south side of McKinney east of Bell. Critical areas include Churches Fried Chicken and Ben ivey's old service station tract. The layout is available for review. t ' o Fl in' ' 4 7 r "o Feasibility of Intersection Improvements Page 2 ~ E We feel that these improvements can be constructed an; j right-of-way obtained for the $110,000 estimated by JBM. Our cost estimate was based on the drawings previously discussed. The "91" Committee has approved the use of funds from the turn lane at Morse Street and Loop 288 ($40,000) and the remaining funds from the Lillian Miller project ($80,000) for this j project. Therefore, adequate funding is available for this project. atv~.` A final issue in the redesign of this area would be to modify and upgrade driveways and access points to standards in line h with our subdivision regulations. Drives belonging to the I City, County, and several private facilities should be closed or relocated. Thnso details are also available for review. Please call if any questions arise. i Terry ar 0794E f i i 1 i I I r f ~ i { ie I }yul, f 4 W I CITY of AENTON, TWUS 215E. MCK)NNEYI DENTON, TEXAS 762011 TELEPHONE (817) 588-8200 MEMORANDUM DATE: January 8, 1990 TO: Rick Svehla, Deputy City Manager FROM: Jerry Clark, City Engineer SUBJECT: Bid 1038 - Locp 288/Morse Street Turn Lane Several major changes have occurred that greatly effect this project's feasibility. The first and controlling factor involves the recent change in leadership at District 18 of the State Department of Highways and Public Transportation. The previous District Engineer is now the Engineer-Director for the entire state, The new District Engineer has been given official release to let some projects that are overloading resident engineers out to consultants. This is a major operational philosophy change. k The Loop 268 project from Highway 380 to I-35E has been pushed back to a January, 1992 letting date. This probably would have resulted in construction starting 1993-1995. The new district engineer will be sending the project out to a consultant so the letting date of 1992 should be met. I have also had recent discussions with Dwight Bird as to operational safety and functionability of the Loop 288 at Morse ; Street intersection with the traffic signal installed. The businesses in the area, the State (Mr. Bird), and the City (Engineering) feel the only short term improvement needed is to widen the shoulder along the north bound lanes of Loop 288 approaching Horse. The cost for materials should be less than $3,000. The cost effectiveness of spending $40,000.OO- on a project with a life cycle of two to three years is very poor. We feel that monies could be used much more effectively at other to,,ations. 1 have enclosed a nemo on the Bell-McKinney q intersection as a substitute project. k J r y a c y , 0794E f Y ~I7 f~N R 1 7. Additional Lane on Bell - In this scenario we assu d one left turn lane and two through lanes on each a oach of Bell. No right turn lanes were included a McKinney retained its existing geometries. 8. A tional Lane on McKinney - In is situation we ass ed one left tucn lane and two rough lanes on each appro h of McKinney. Bell Aven retained its existing geometr s. 9. Additional anes on Bell d McKinney - In this final scenario, a ombination f the previous two conditions was evaluated. One le turn lane and two through lanes were assumed on a f r intersection approaches. i The results of the nin sim tions just described have been summarized in Tables 1 2, an These three tables list the more important MOE' or the morn g, noon, and afternoon peak periods of operat n. The informs. on in the tables is listed for both the ov all intersection and a two critical traffic movements for ch simulation. In e.valua ng the PASSER II simulation resu we comrred the I MOE's of ach improvement scenario (numbers 2 th gh 9 to those of th existing base conditions (number 1) to de rmine which impro ements had the greatest impact on improvi traffic ope Lions by reducing delay and upgrading the LOS's. s a goal w wanted to keep all LOS values at a rating of D or bet r - in ther words, the E and F LOS values would be unacceptable. RECOMMENDATIONS Based on the results of our analyses and evaluations, we suggest the following improvements fur the City's considerations. These improvements are listed in order of their ease of implementation as well as their cost of implementation. c 1. Optimize Timings - This improvement can be, immediately implemented with no materials expense. The most noticeable improvement should occur during the morning peak period end especially when school (NTSU) is back in session. The recommended signal timings have been included in the Appendix (Table A-4). 2. 5 Phase Operation - This improvement can be implemented in the near future when a new controller is available for installation. It is-anticipated that another two channel d amplifier unit for the loop detecters will be required in { addition to the rewiring of the loop detectors to the appropriate detector channels. Installation and equipment costs are estimated at approximately $5000. ` 4 -N :7 ' b TABLE 1 Passer II Simulations A.M. Peak Period Intersection Specific Movements ' Conditions Avg. Delay L.O.S. Movements L.O.S. 1. Existing Conditions 39.6 D WB Left F EB Left D 2. Optimized Timings 29.2 C WB Left D 3. Split Phase on Bell 5110 D WB Left E WB Thru E 4. 5 Phase Operation 23.8 C EB Left D 5. 8 Phase operation 43.0 D WB Left E EB Thru E 6. Right Turn Lanes on 23.6 C EB Left D J Bell Avenue i 7. Additional Lane on 23.6 C EB Left D Bell Avenue { 8. Additional Lane on 22.2 C EB Left D McKinney Street EB Thru D 9. Additional Lanes on 22.2 C EB Left D Bell 6 McKinney Note] Average delay is in seconds/vehicle. 1 9 5 ' f 1I 1 wK `I + P i TABLE 2 J Passer II Simulations J1 Noon Peak Period Intersection Specific Movements Conditions Avg. Delay L.O.S. Movements L.O.S. I H ~ 1 1. Existing Conditions 26.1 C WB Left 0 ED Left D 2. Optimized Timings 27.2 C WB Left D 3. Split Phase on Bell 41.9 D WB Left E ED Thru D e 4. 5 Phase Operation 23.5 C WD Left D 1 5. 8 Phase Operation 45.7 D WB Left E f SB Thru D 6. Right Turn Lanes on 23.7 C WB Left D Bell Avenue 7. Additional Lane on 23.6 C WB Left D + Bell Avenue IJ 8. Additional Lane on 21.2 C McKinney Street 9. Additional Lanes on 21.7 C Bell & McKinney 1 Notes Average delay is in seconds/vehicles. 1 f { 1 6 I r ' 1 I 1 - I TABLE 3 Passer 11 Simulations P.M. Peak Period Intersection Specific Movements Conditions Avg. Delay L.O.S. Movements L.O.S. i - ~ 1 1. Existing Conditions 27.8 C EB Left D, r j 2. Optimized Timings 30.8 C NB Thru D WB Left D 3. Split Phase on Bell 58.3 E WB Left F EB Thru E 4. 5 Phase Operation 24.6 C EB Left D 5. 8 Phase Operation 67.2 E NB Thru F 6. Right Turn Lanes on 24.4 C WB Left D Bell Avenue - - 7. Additional Lane on 24.4 C WB Left D Bell Avenue - - 8. Additional Lane on 21.5 C _ _ McKinney Street - - 9. Additional Lanes on 21.7 C - - Bell & McKinney - - # Note: Average delay is in seconds/vahicle. j 7 r I i r 3. Additional Lane on McKinney - This improvement which has been illustrated in Figure I represents a major geometric improvement and should be included in the City's capital E improvement program for construction within the next five years. An additional 17 feet of right of way would be required on the north side of McKinney east of Bell. This amount is required since the current right of way between Bell and Bell Place runs along the existing curb ` line. This would provide 12 feet of widening, four feet of sidewalk and one foot of clear space. The only occupied pro?erty along this portion of the improvement is Church s in the northeast corner. The proposed widening would be accomplished with the loss of two parking spaces but yet retain maneuverability for their parking and unparking maneuvers. One foot of additional right of way would be required on the south side of McKinney west of Bell. With the existing right of way that is available, this would provide for eight feet of widening, four feet of } sidewalk, and one foot of clear space. ; This improvement also includes the elimination of three drivewaysi two on the north side of McKinney east of Bell and one on the south side of McKinney west of Bell. The proposed construction cost of this improvement including the signal modifications is approximately $105,000. Right of way costs have been estimated at approximately $25,000. 4. Additional Lane on Bell - This improvement is warranted more from an accident reduction standpoint than for improved capacity. The capacity analysis indicated very little if any capacity improvement specifically due to the fact that the current left turning volumes are small. } Lane additions on Bell especially south of McKinney could prove very difficult and costly due to the limited right of way and the nearness of existing building structures 4 to the street. i The City should include this improvement in its longer range plans and seek to obtain right of way along Bell should the opportunity arise such as requiring a right of S way dedication in conjunction with the replatting of any ; property, Approximately seven feet of widening on each side of Bell for approximately 400 feet on each approach should be the long range goal for this project. The proposed construction cost of this improvement 8 f f j , ti I 1. 3 a e Y~ 4 ~ ~ I I t ! I 1 I i ~lf 'I I I I J ' ~ I Yl}LM IIM , I ee WTc. UN } rill, - jI I i~ 4 ~ ~ ~ .a rrY. ~ I I _ I t o t i ~ ~ ~ I f r ~ fil 1 AV Age 6 a JO ii. } r y` including signal modifications is estimated to be $115,000 and right of way costs are estimated at $40,000. Additional significant costs will be incurred with the demolition and reconstruction of the west end of the Harpool building. i When the necessary right of way is obtained, design plans should be prepared to provide left turn lanes on Bell. + In conjunction with this project the southbound left ! turns at Bell Place could be prohibited which would in effect move them to Bell. With the new left turn lanes and associated signal operations, the accident level currently being experienced would be significantly reduced or eliminated. Manual traffic counts obtained by the city at Bell Place indicated southbound left turning volumes of 40 vph during the morning peak hour and 79 vph during the f afternoon peak hour. These volumes, if relocated to Bell Avenuep would produce a design peak hour southbound left c turning volume of approximately 100 vph. Although this could well necessitate left turn phasing on Bell Avenue, our analyses hive indicated that traffic operations for t the intersection would be able to occur at C and D levels of service. Both the widening of Bell and of McKinney are logical A improvements to consider for the intersection. The Consultant has recommended that the McKinney widening project be given a higher priority than the Bell project based on the reasons listed below. 1. Greeter turning volumes on McKinney - These volumes require the allocation of one of the two lanes on each approach for left turns only, thus leaving only one lane for the through traffic. 2. Improved average delay - This value shows a better ' improvement over existing conditions with the McKinney j widening than with the Bell widening. 3. Construction and right of way costs - These values are less for the McKinney project than the Bell project. t 4. Building demolition and reconstruction - The Harpool building will require a certain amount of demolition and reconstruction with the Bell widening, a a 5. Loss of parking - Camp Cleaners will lose several on street parking spaces in front of their store with the Bell widening. 6. Underground fuel tanks - There is a potential i t 10 I L41111 /r 11kf~/Yg1 ~F 17■ry■1 ~ ~ environmental conflict associated with the nearness of the underground fuel tanks at Ricks Drive In. The outside edge of the tank nearest Bell Avenue is located approximately in line with the proposed right of way line for the widening project on Bell, i.e., 12 feet in back of the existing curb line. 4 The City should also consider the construction of larger turning radii in the two corners (northwest and southeast) that are not affected by the widening on McKinney. Truck traffic was observed making some very exaggerated turns which definitely impeded traffic flow. Increasing these two radii from 20 to 30 feet would certainly serve to improve traffic operations involving 1 turning trucks and buses. The radius in the northwest corner would not impact any utility lines whereas the southeast corner radius would require the { relocation of a wood power pole, a traffic signal pole, a fire hydrant, a water meter, and a water valve. Some corner right of i way would also need to be obtained to aid in the relocation of the previously mentioned items. The construction cost of this improvement ineltding right of way costs is estimated to be approximately $5,000, CLOSING We have appreciated this opportunity to assist the City in the completion of a Bottleneck Study for the intersection of Bell E Avenue and McKinney Street. We hope that this report with its tables and exhibits will satisfy your needs and answer any uestions that you may have concerning the improving of traffic 1 flow and operations at the study intersection. Please do not hesitate to contact me should you have any I questions or comments concerning this transmittal. Again, thank i you for allowing us to assist you in this project. iE Respectfully submitted, Johnson, Brickell, Mulcahy { and Associates, Inc. 1 ; F.E. Dannie R. Cummings, Vice President r DRC/dsf s ~ i i R 1 1 a 1 f ~M i Yr Y J . f 1 i~ { tTe~ve~eY ~ta~~ ' i JU.~r, iY- r8,~p 4 .nc~q~ Y!.rd •s.a LLr.~.wk't%~s4evvgww+Y ,.rR feo.• 2AI wrrl4.en+ i O•r ,r•re•e9 e~ev ~,e~ otrreo av truer ~.~iavrrr,..e.,~cr, r { T.~ eo.i/ ~iOGC = >r,*✓ rtid . ~cqs¢.~ C'e. 4/ir~v f C D a.e JV f.ll. TJ' { TC o+~CY or~k".a Oid~.~ ..rRT J%'N,~ne~/,vr CeOcAr/ol7,e of B/O or, ''~~?~1"J6,oo. Due v~ir..r~ aav zd 9itl.~r r ejw,,wr now"joxc,i.. sir .ocrav..r Ac vo`rx i I ,f•,•v,re smc ear 0 ~+I'E' G'eirv}!si!'y'yFj' ViiW iN Q'•'*'~~Cc9.KQ ~ ~y i I '~f /00 ~ ~NsY'NT' <7/M7iNr ,eyf,C .I/CS .d•41p ~ { 0I Cj7idlYs~~tCO .~4'Cd"lJAYe z ~Rt.O yMC'a*f9 rf►►eY ! 41C O/ Tyar-s~wr~c Cb. ems- ••coc~~o, I , I %rh I-e 1 pwa MY1Ai I 4 1 /vt/1I ~/N'V~ ~i r~,yn BIO TABULATION SHEET 810 No. PO No. ITEM DESCRIPTION _ QUANTITY UNIT RICE TOTAL vIA- 0 21 4 3 ~A IZD C. M n Oo,eo 74 C D i Fi OLEY, -7 00 G CG L_ z zo a~~ so y.cA _ . IAO 00 ,00 -i 'o T. 7.4 a 4A., 1270 sv .56 " W't'0 'S S .4 14 - l~yrer CTvoe D P aG v : 7 r,: S228 9, T, i" A 3Do „L f A. ZA w CIA"a4Ar Curb d~ 5, 5 0 ~ ~ ~ ~ ao vo t ~o,vo I - E C ~r~nrrF{e SAW Cud _ a- '300 .f~ ?00. oc fF.YhT.~ C~a2&' I I5o,oa ~r 0 pit s .01 z ZL7 t P yi GZ _ e- 4rI ?'cf&1 !e,lW rt r FI l fj11 ~la,. N1^11~ 'j 4 't ' BID ~1Q38 PROPOSAL TO THE CITY OF DENTON, TEXAS FOR THE CONSTRUCTION OF TURN LANE AND DRAINAGE IMPROVEMENT FOR r LOOP 288 AT MORSE IN DENTON, TEXAS a The undersigned, as bidder, declares that the only person or parties interested in this proposal as principals are those named herein, that this proposal is made without collusion with any other person, firm or corporations that he has carefully examined the form of contract, Notice to Bidders, specifications and the plans therein referred to, and has carefully examined the locations, conditions, and classes of materials of the proposed work and agrees that he will provide all the necessary labor, machinery, tools, apparatus, and other items incidental ; to construction, and will do all the work and furnish all the s materials called for in the contract and specifications in the manner prescribed herein and according to the requirements of ; the City as therein set forth. it is understood that the following quantities of work to be done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating bids. it is agreed that the quantities of work to be done at unit ' prices and material to be furnished may be increased or diminished as may be considered necessary, in the opinion of the City, to complete the work fully as planned and ; contemplated, and that all quantities of work whets;er increased or decreased are to be performed at the unit prices set forth } below except as provided for in the specifications. i I It is further agreed that lump sum prices may be increased to cover additional work orderei by the City, but nut shown on the plans or required by the specifications, in accordance with the provisions to the General Conditions. Similarly, they may be decreased to cover deletion of work so ordered. it is understood and agreed that the work is to be completed in full within the number of work days shown on the bid tabulation } ~ Gheet. 3 P-1 f~ { i BID# 1038 fff' Accompanying this proposal is a certified or cashier's check or Bid Bond, payable to the Owner, in the amount of five percent of the total bid. It is understood that tt,e bid security accompanying this proposal shall be returned to the bidder, unless in case of the ~I acceptance of the proposal, the bidder shall fail to execute a contract and file a performance bond and a payment bond within fifteen days after its acceptance, in which case the bid security shall become the property of the owner, and shall be considered as a payment for damages due to delay and other inconveniences suffered by the Owner on account of such failure of the bidder. Owner reserves the right to reject any and all w bids. owner may investigate the prior performance of bidder on other contracts, either public or private, in evaluating bid proposals. Should bidder alter, change, or qualify any, + specification of the bid, Owner may automatically disqualify ? bidder, i t The undersigned hereby proposes and agrees to perform all work 3 of whataver nature required, in strict accordance with the plans and specifications, for the following sum or prices, to wit: i 4 i ~ s i j I ~I F p 2 Ile- r WORK DAYS 20 1 LOOP 288 at Morae Turn Lanes and Draina a Im rovements BID NO, -1038, PO NO. BID TABULATION SHEET ITEH DESCRIPTION UANTITY UNIT UNIT PRICE ii I Contractors Warranties TOTAL 1.21 I and Underatandtn9 I I LS I s 1 121' RCP storm Sewer I I I I e sm 2,12 3-D I Class Iv I -----_I Sa LF I S LP i S / PoJ 2.12 SD-21 21• Safety Fnda I I I ~ I I Remove Concrete I 1 EA I !(r4~ EA I e I ysp•O2 ):!I Curb and Cutter I I I - I 75 I LP I S 2 ;a/ R I S /f 7 J0 ! Preparation of I 3.1 I Riaht-of-Way I f L3 I! /'Zoo's' I I I I I L n o i 3,3 i Unclassified Excavaticn I cQ I -L 380 f CY I /CY I ! /900 3.7 I Compact Fill I I f .e I Type A Hydrated Lime 224 I CY I ! 6 CY I ! f3 rL' 4.6A I (Slurs I 16 I Ton I e k0°~ /Ton I 710,rJ { 16' Lime Treatment 1, 6g I_ of Subarade t 100 ( SY I s I W 14 1/10 Asphalt Pavement I /SY I l Z~ l7 _ I 128 Asphalt Pavement i 1Z70 ( SY I /SY I !y P~2 i.7A-3 Base A I I I i 2• Asphalt Pavement I B95 f SY _I ! ~,~/gY I ! ~0fyj7 ;.78 I ITVOe n o + I I arch) I 5 I Ton I ! Ton so I ! / o' 11 1/2' Asphalt Pavement 1 1 I S.7C I Bass D I 1270 rricades, Warning I ( SY I 4 Le, SY 1 ! ? W.21 1 I B.1 1314ns LI) and Detours I L9 1 l~~S o+ f ! Concrete Curb and I s TOO j 8,2A I Cutter -__r_ 110 I LP 1 ! G a~ /LP I ! 1./p u~- j 1 4• Class 8 Concrete l,15A f Rie-e,h x_66 ( SY I f 27~` /gY 17P2 p0 I + I 1 gP-2 1 Concrete Saw Cut -1 1 0 ! N /LP 1 S h/0 I f LP $P-39 I Profect Sian 1 ! EA i ! 9gp'O µ I c, I Remove (txistinq) I I I 2~1 ! 940 - $P-41 I C^ncrete f 2 1 EA I s 700 0; I c? i I /eA I (ooo I I ! / i s 1 TOTA 1 I I I / I! 1 I P-3 1 i Mil I F; 'Or>, BID, 1038 BID SUMMARY TOTAL BID PRICE IN WORDS 4L .'e AI)_,•fo, Pfla,, JW9 /a /,,,r (CJCn ~~~C l°. C'YI Ff In the event of the award of a contract to the undersigned, the undersigned will furnish a performance bond and a payment bond for the full amount of the contract, to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and 7 acceptance, and to guarantee payment for all lawful claims for 7 labor performed and materials furnished in the fulfillment of the contract. It is understood that the work proposed to be done shall be , accepted, when fully completed and finished in accordance with } the plans and specifications, to the satisfaction of the } Engineer. i The undersigned certifies that the bid prices contained in Chia proposal have been carefully checked and are submitted as j correct and final. Unit and lump-sum prices as shown for each item listed in this proposal, shall control over extensions. CONTRA OR r. By J Street Address / f a~ 1 s SI yank state - Seal i Authorization (If a Corporation)~ e .I e ep one I I f B - 1 yA' y I/yM1 r BID #JM PROPOSAL TO THE CITY OF DENTON, TEXAS FOR THE CONSTRUCTION OF TURN LANE AND DRAINAGE IMPROVEMENT FOR LOOP 288 Ar MORSE IN DENTCN, TEXAS The undersigned, as bidder, declares that the only person or parties interested in this proposal as principals are those named herein, that this proposal is made without collusion with any other person, firm of corporation; that he has carefully examined the form of contract, Notice to Bidders, specifications and the plans therein referred to, and has carefully examined the locations, conditions, and classes of materials of the proposed work and agrees that he will provide all the necessary labor, machinery, tools, apparatus, and other items incidental to construction, and will do all the work and furnish all the materials called for in the contract and specifications in the manner prescribed herein and according to the requirements of the City as therein set forth, it is understood that the following quantities of work to be done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating bids, it is agreed that the quantities of work to be done at unit prices and material to be furnished may be increased or diminished as may be considered necessary, in the opinion i of the City, to complete the work fully as planned and contemplated, and that all quantities of work whether increased or decreased are to be performed at the unit prices set forth below except as provided for in the specifications. it is further agreed that lump sum prices may be increased to cover additional work ordered by the City, but not shown on the plans or required by the specifications, in accordance with the provisions to the General Conditions. Similarly, they may be decreased to cover deletion of work so ordered. it is understood and agreed that the work is to be completed in full within the number of work days shown on the bid tabulation sheet. { a P - l i i t 1 A a BID; 1038 Accompanying this proposal is a certified or cashier's check or Bid Bond, payable to the Owner, in the amount of five percent of the total bid. It is understood that the bid security accompanying this proposal shall be returned to the bidder, unless in case of the acceptance of the proposal, the bidder shall fail to execute a contract and file a performance bond and a payment bond within fifteen days after its acceptance, in which case the bid security shall become the property of the Owner, and shall be considered as a payment for damages due to delay and other inconveniences suffered by the Owner on account of such failure of the bidder. Owner reserves the right to reject any and all bids. Owner may investigate the prior performance of bidder on other contracts, either public or private, in evaluating bid specification sofulthe bbide 0 nisi rmayc automaticallyu disqualify bidder. The undersigned hereby proposes and agrees to perform all work of whatever nature required, in strict accordance with the plena and specifications, for the following sum or prices, to wits E I i ~ i t JII i p - 2 i r i~ WORK DAYS 20 ti BID N0. 1038 Loop 288 at Morse Turn Lanes and Drainage ImDrOyeMOnts PO NO. BID TABULATION SHEET ITEM DESCRIPTION ;lUANTITY UNIT UNIT PRICE TOTAL I Contractors Warranties I I I I S /Qel.f~ 1021 1 and Understanding ! I_ LS I $ /000. 1 21' RCP Storm Sewer I I 1 2,12 3-0 1 Ciasa IV I SO I LP S 3e.~/L! I S 1~Qe'0! I I I I I 2.12 3D-21 21' Safety ends I 2 I EA 1 $ 31e,~ YEA I S X00. I Remove Concrete I I i e~ I o~ 3-B I curb and Gutter I 75 I L! I ! S. /L! k SyS. I Preparation of I I I b I e, 3.1 1 Right o! way I LS I S /fee. I! /dot. 3.3 I Unclassified Excavation f__380 I CY I ! /QY i ! 3eSo• I I I I I e~ of 3.7 1 Compact Pill 1 124 1 CY 1 1 /2.~ /CY I ! /rCrfs. I Type A Hydrated Lime I I I e 00 1 e4 / 6A 1 (slurry) i 16 1 Ton I 580. /Ton I !/28e. 1 6' Lima Treatment I I I Se 4060 1 of Subgrade 1 1300 1 Sy 1 ! " /SY I s0, 7A 1 Sam* Asphalt Pavement ` 1274 I S I 0"a SY 5.1A-3 1 21 A Asphalt Pavement I _~5 1 BY 1 ! I /8 1 ~ I 13' Asphalt pavement I 1 1071 1 (Type 0 Patch) I 5 I Ton I $ . 0,/Ton I $ 1 1 1/2' Asphalt Pavement i I I 1 d0 1 5.7C L M-4-49 0 I 1270 I SY I S 4 dl/Sy I! Sir/ 0~- I Barricades, Warning I I 1 I g /.~00.~ I ! /SOe.°~ 8.1 1 signs and 0stoure I I LS I $ { I Concrete Curb and I 1 I f• 1 1 X211 1 Gueeec 1 110 I L! 1 ! /b•'"/L! I ! 1100 . 11' I Clan S Concrete I' 1 I I 4~ 1 4 ,81~ I Rip-Rap i 66 I - $ Y I S G.~ /sY I I I i I SP- I Concrete Saw Cut I 10 . LPrJ s , L! I s 3~,~~ I I I I ) See. ~~>!A I s s'ee . 9 ~ ~ 9P•39 I Project sign I 1 -L. E71---1.-3 I e ~ I Remove (Existing) f I S I I 1 _ I EA 1 1 /01 •°9 EA 04.00 SP-42 I ConccOf t 1 I I ! I ~ ..I I I °O I TO'T'AL I ! 3TS3~ ~ I a_ -I I 1 I 1 I J' I I I I I i 1 1 I, BID# 1038 BID SUMMARY i TOTAL BID PRICE IN WORDS A; ~04.1J4ND TipkkA - 6_,Z Ded-49s alai n~ E-Ad& E 1 In the event of the award of a contract to the undersigned, the undersigned will furnish a performance bond and a payment bond for the full amount of the contract, to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and acceptance, and to guarantee payment for all lawful claims for labor performed and materials furnished in the fulfillment of the contract. It is understood that the work proposed to be done shall be accepted, when fully completed and finished in accordance with ° the plans and specifications, to the satisfaction of the Engineer. The undersigned certifies that the bid prices contained in ;his j proposal have been carefully checked and are submitted as correct and final. r Unit and lump-sum prices as shown for each item listed in this i proposal, shall control over extensions. CONTRACTOR ,f I ~ .6. $ox 170 tree Address ~ CLty en state 1 Seal i Authorization (if a Corporation) ~7' a ap ons i i i 8 - 1 ~ act, v S _ Clry of OLNTON 1215 E. AICKWOY / 00"- T*X18 , ' . February lb, 1990 Dwi ht Bird B Res dent Engineer, District 1 State Department of Highways A Public Transportation 2621 W, Prairie Denton, Texas 76201 y t Dear Mr, Bird& j visit h determine thesafestmethodeto at wiLoop 269 den the northbound o shoulder for right turns The existing shoulder is about 9' wide in theh250' longaflare created for the Morse Street Intersection. , Is such too stall and the headwall is a deterrent to right turn ooveaents, We would propose to widen to sign Warning o!1"!orlon bride" j length of about 140 feet. location, The subgrade for the existin marks the ends out about 34 inches We propose to use 6" of ; shoulder extends of asphalt with up to 8" of asphalt on the outer wits to ensate for no subgrade. Since the project will onlyy have a thrcompee year life, this design should be adequate, We Will also work en expAli the radius at >Aorse, We will then install a S*Irt section of Guard fall or extend the pipe four feet out to r:'uce the drop o f, aut works 8QVrovStide thehcontractorto do the + Sincerelyo. ~ Cit Bng 'r f ~ I 0925E i i f i I ~fHL` ttiln~~ ~ 1 L, r 1 F r:R . I ENOWEERDd1ECTOR COMMISSION STATE DEPARTMENT OF HIGHWAYS q, E, EI OTZIR. JR. P E. ROeER7 H. DEDMAN, CHAIRMAN AND PUBLIC TIIANSPORTATION JOHN R euTUER. JR., P.E, 2624 W. Prairies Denton, Texan 76201 RAY STOKER, JR. February 221 1990 i i i ' IN REPIV REFER TO'. Controls 2250-01 Highways Loop 288 at Mores Road County E Denton } Mr. Jerry Clarkr P.E. city of Denton 215 E. McKinney Denton Texas 76201 Dear Mr. Clarks Reference is made to your letter dated February 16, 1990 concerning the above intersection. The comtruction proposed is satisfactory with the exception of the work proposed for the existing culvert. The use of guard fence is not considered satisfactory because of the hazard created by guard be satisfect rys 1TOewevera installations. 6:1 sa ety andttreHtment would be required. Traffic control r be Uniform Traffic Control Devices for Street th anthe d Highways" ay~~1 be required during construction. ~ Please CWL,.ct Mr. Twry Hoichin (387-1324) prior to beginning work. Sincerelyr _ s 1 e:i,,h S. Birdr P.[I. Resident Engineer DSBsjs + coo TV" Houchin VFE 26WO JL f i FF t i d fill i rmr= i~ ! I II I j 1 l 1 Tin= rX= rTT= i tl I ~ 1 ~ + CITY of DBNTON, TAWAS 215 E. WK1NNEYI DENTON, TEXAS 762011 TELEPHONE f817) 50Br8200 yr x~a ! hLE A 11C_U M t I y DATE: March 14, 1990 I TO: Mayor and Members of the City Council q FROM: Betty McKean, Executive Director, j Municipal Servicas/Economic Development 1 + SUBJECT: Enterprise Zones Attached is background information about the advantages of enterprise zones, their purposes and their establishment procedures. I have summarized the various steps involved with the creation, local adoption and state designation of enterprise zones ' for Denton and proposed a schedule to accomplish these activities should the Council decide to move forward with this program. Officials representing Matsuthita Electric Corporation have expressed a strong interest in having the Denton site they are considering included within a state designated enterprise zone. We believe the City's willingness to proceed with this request as quickly as possible is yet another indication of our responsiveness and desire to meet Matsushita'a needs as they i4 continue to consider the Denton community for the location of a major industrial facility. Additionally, in recent weeks Chuck Carponter has had several inquiries from other industrial prospects as to whether or not y j Denton has enterprise zones established. According to Chuck, i company officials view sites located in enterprise zones as advantageous over other areas, primarily because the enterprise zone designation provides a good indication that a community is committed to economic development. As well, the enterprise zones provide a marketing tool to "package" various incentive programs offered by x community, One of the most s,gnificant benefits of a 4 local enterprise zone is that the none functions as both a reinvestment zone" and a "tax increment financing zone" which are required for a city to give a property tax abatement or in order to 1 refund local sales taxes. ~ 9 1 y-1 . i I r~J owl Y t' Enterprise Zones ! March 14, 191)0 t Page 2 ,F ' It has become a real attention-getting device, particularly for ~ out-of-state prospects who have become accustomed to receiving preferential treatment through other states' enterprise zone programs. The state of Texas is just coming of age in this area, Enterpr_tgg,jone Incentives Enterprise zones create options for local governments to provide both state and local incentives. A list of the incentives local governmentp may choose is listed below, Local incentives which may be offered: I) tsx abatement, deferral, refunds, or other tax incentives; 2) refund of any or all of local salon taxes through a tax increment financing district r 3) regulatory relief, including: o zoning changes or variances; o exemptions from unnecessary building code requirements; o streamlined permitting; 4) enhanced municipal services, including: o improved police and fire protection; o institution of community crime prevention programs; o special public transit routes or reduced fares; b) improvements in community facilities, including: o capital improvements in water and sewer facilities; o road repair; o creation or Improvement of parks; 6) improvements to housing, including: o low interest leans for housing rehabilitation or improvement; o transfer to abandoned housing to individuals or community groups; 7) bus4n69s and industrial development services, including: o low interest loans for business; k o use of surplus school buildings or other underutilized i publicly owned facilities as small business incubators; o provision of publicly owned land for development F, purposes; o creation of special one-stop permitting and problem resolution centers or ombudsmen; o promotion and marketing cervices; i , 1 . , L ~ i i Enterprise Zones March 14, 1990 Page 3 3 8) job training and employment services, including: s 0 retraining programs; o literacy and employment skills programs; s o vocational education; o customized job training. State incentives which may be offered to a business or industry ' within an enterprise zone: 1) refunds and exceptions of certain state taxes to three g selected businesses in the zone, including: 0 corporate franchise taxes for 50% of the taxable value of the total investment in the zone o a one-time refund of sales and use tax refunds ($500 for each employee) not to exceed $5,000 for each qualified business on purchases of equipment for businesses in operation for 3 consecutive years (available after September 1991) 2) preference over other qualified candidates for state grants and loans to improve, extend, repair or maintain public facilities within the community if 50% of the grant funds are invested within the enterprise zone City staff and Chamber have met with Camille Berry, Program Director of the Texas Department of Commerce's Enterprise Zone Frogram, to review the advantages of local enterprise zones for our community. At this meeting Ms. Berry explained that the enterprise zone program has recently gained considerable acceptance and popularity among Texas citi3s as community officials have become aware of the advantages. (Refor to Attachment I., Texas Enterprise t' Zone Communities.) She indicated that she was expecting the requests for the limited number of allowable zones provided through the program to increase significantly. Due to the recent interest and a sharp rise in the number of tone applications, Berry stated it would be increasingly difficult to get approval. If Council l agrees that this program would be beneficial to our community, it l[L' will be necessary to proceed immediately with the application I process for approval in order to improve our chance of success. Ms. Berry also suggested that since the program has proven to be { advatntageous to economic development efforts, the state is considering additional incentives to be offered within designated zones. There is also the possibility for inclusion of Texas enterprise zones in a federal enterprise zone program which will offer further advantages to the program. i Y I M 1 FF d^ e j Enterprise Zones March 14, 1990 Page 4 Criteria for Zon_ e_.P_Q;ilsnati on There are no direct costs associated with creating an enterprise f zone and no commitment to provide incentives once the zone is created. Therefore the City has nothing to lone in proceeding with the designation of zones for our community. In order to be designated as an enterprise project a zone must have an unemployment rate of at least 1.6 times the local, state or national average over the most recent 12 months. Meet one of the other following criteria: III -20% of residents below poverty 1 -70% of 80% of the residents of the zone must be below median income -269 of the buildings or structures within the zone are abandoned -Property tax arrearages exceeding 26% than that of the city The planning department has studied our census and employment data j and concluded that we fall within established criteria. Qoundariea~~q~~ A city may only apply and be designated for a total of three (3) separate enterprise zones. Each zone may vary in size and differ with the types of criteria which must be met to apply for incentives. Additionally, the incentives offered through the program may t,e solected and structured independently for each individual zone to accomplish the desired result in each area, r The initial requirement and a very important step in recommending 1 a zone designation is to determine boundaries within the City. Each zone can have up to 10 square miles depending on Justifiable census statistics. City and Chamber staff have developed proposed boundaries for two Denton enterprise zones and a timeline for adoption of these zones. (See Attachments II. and III.) The boundaries of the proposed zones have been determined based upon a very detailed analysis of employment, income and poverty measurements to meet strict threshold requirements by the Texas Department of Commerce. I i s j Enterprise Zones March 14, 1990 Page 5 TiX%Lrame for ApArov Also, the Department of Commerce requires that the zones b6 r j approved within a 90-day time period from receipt of employment data. our employment data was received from the Texas Employment F Commission on march 6, 1990, which is now driving our schedule for ; application completion. The schedule for processing an application, presented in Attachment V., incorporates the scheduled April 12th public hearing with the City of Denton, Denton Independent School District and Denton County to adopt a city-wide tax abatement policy. This meeting is very timely due to the fact that an abatement policy cannot be included within an enterprise zone incentive package unless a community-wide tax abatement policy has been previously adopted. a EEn erorise one Proiects Another aspect of the enterprise zone program is the ability to designate enterprise projects within enterprise zones. A business or industry within an existing enterprise zone may be nominated by a city for this status if aartain criteria are met by the business. In order to qualify and maintain the designation as an enterprise project, a business or industry within an existing enterprise zone must adhere to a hiring quota which requires the business or industry to employ 25% of all newly hired employees from within the area of all the existing zones in the community, An enterprise project may only be applied for after an enterprise zone has been designated and only two businesses or industries may f apply for the enterprise project designation during the state's l fiscal year from September to August. The enterprise project designation process is outlined in Attachment VII. Enterprise Project Application Process. As an enterprise proje:.tI a business or industry may be offered f additional incentives beyond those which may be applied for within the zone. These incentives focus primarily on refunds of state sales and use taxes which include refunds of sales taxes ($2,000 for each new job created within the zone) on the taxable value of equipment and machinery sold to an enterprise project ,Jet 1imlted A&$260,000 re than $1.2 per mifiscal yer llion during the project designation. s umm4f.~! After research by our staff and other community leaders including Chuck Carpenter and Roy Appleton, Chair of the Denton Economic Development Advisory Board, we have concluded that approval of the zone designation would provide us one more tool with which to market Denton in the economic development arena. We believe the j 1 , bb Y r r Enterprise Zones March 14, 1990 Page 5 Timeframe for A royPl zones be Also, the Department of Commerce requires from 8ecei t the employment apprived within a 90-day time period data. Our employment data was received from the Texas Employment commission on March 6, 1990, which is now driving our schedule for application completion. The schedule for, processing an application, presented in Attachment V., incorporates the scheduled April 12th public hearing with the City of Denton, Denton { Independent School District and Denton County to adopt a city-wide ) tax abatement policy. This meeting is very timely due to the fact that an abatement zone incentive package policy cannot a community-wide within iabatement policy has been previously adopted. Cnhnrnri5@ Zone PrO,i@G-Q Another aspect of the enterprise zone program is the ability to designate enterprise projects within enterprise zones. A business or industry within an existing enterprise zone may be nominated by a city for this status if certain criteria are met by the business. In order to qualify and maintain the designation as an enterprise project, a business or industry within an existing enterprise zone must adhere to a hiring quota which requires the business or industryto employ e existing 1 5% of all newly hired community, from within the area of a An enterprise project may only be applied for after an enterprise zone has been designated and only two businesses or industries may apply fiscalfyearl}fromteSeptemberrotocAugust. The enterprise project designation process is outlined in Attachment VII., Enterprise s y Project Application Process. As an enterprise project, a business or industry may be offered additional incentives beyond those which may be applied for within ~r the zone. These incentives focus primarily on refunds of state sales and use taxes which include refunds of sales taxes (521000 for each new job created within the zone) on the taxable value of equipment and machinery sold to an enterprise project but liC1ite d 12 $250,000 per fiscal year including the subsequent year and no more than $1.2 million during the project designation. , ;~.ima r y After research by our staff and other community leaders including Chuck Carpenter and Roy Appleton, Chair of the Denton Economic Development Advisory Board, we have concluded that approval of the zone designation would provide us one more tool with which to market Denton in the economic developmint arena. We believe the a 4 r I1`r Enterprise Zones March 14, 1990 Page 6 establishment of Denton enterprise zones will be quite beneficial to our community's economic development efforts and further ensure that the City of Denton remains in the forefront of economic development programs. { Although we realize we must be on a fast track to accomplish this 1 effort, staff believes we are well underway to meet the schedule. If Council authorizes the staff to proceed, we will do the following: o Refine the areas proposed for the zones. o Establish economic development objectives in creating the zones including incentives which may be offered within each zone. o Insure that proposed zone meets "economically distressed" criteria. o Schedule public hsaring and adopt ordinance which identifies the zones and includes incentives which may be offered within the zone at the April 17th City Council maeting, i l o Complete Texas Department of Commerce application for desig- f nation of zones. o Make adjustments to application based on TDOC feedoack. o Seek state approval and designation of zone. Ir ~ ,f I, In conclusion, the enterprise zone is similar to enabling legislation. It simply puts in place the "opportunity" to offer those incentives available throughout the state as well as any incentives the City Council may wish to adopt, i.e. tax abatement. „L in any event, any incentives in a particular zone would still be authorized by Council on a case-by-case basis according to thresholds or criteria they establish. (Attachment VII summarizes key questions regarding zone designation.) Frank RobtA ns and I will be available to review this program and respond to questions Tuesday, Marcie 20th at 5:15. '2 etty an, EX cu ve Director, E Munic pal Services/Economic Dsvelopment t ~ I 1 I~ ~ ggJ r ' r kf I yCx m ` rt .y G J n G • 3 CA 1 . ~ i • iii ~ ! .r 11.N3WHOd11M 1 ♦.Y~N. MA.4~ ' l Y ~r N rY 5 1 ; {Y 7 D }{3 f .r • • • V • P • Y M + Mlr~f DW Apper•d w • ~ C y. 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PAC M~■■I z x b • ~ fu AY+r~Md i f t"rrpw ~ ' Ta yraMn1 u -F~ am On) tt R w rwa.+ rw ►nreroe s nn+LL j rnrbior+. mfr"W"Wo Ja f I Z. matmm AM ipo* i 1 I r, i ~ Je! I to t ~I 1 [Z r 2 = r » : e i i r i ~ ~ : iw IA•~M + i e i • • i i Dnr ft*,aW ~ • • ~ ~ = r flpn NIM b z" r + r N r M • • y D + Y C • ~ ~ fV N & • ~ ZMD UII.11♦'M~.r.l.!•~M e e e a c a a a a a e IMF suMn €a PM, 10 fMwhUt f ParWtanN MMurIMW i Tax Abobw*M • • . ' r ' • ' #AM pW To f skit i • 9AMPffn MOW 0 ' lw Nit • P ~ PYtbY • • . . . • ~ /tM~WM/ PnnHnl ~ M•wrlrf I PrweMen ' Y PrwfNfwq i e Mauawfu» n { e OW cw ~ tr 1 Jr ~A..r •r b'A` l I I + PI! apyq . i, i L ~ M i 1 r i 1 11 ! 0 A ~ i r i v i iw Nlw~i yi r r • • • r + r r r • • • • • • DM ANwra M J~~I ~ j+~,1 + f r r •r M r ~ Y ^ ~ ~ Y V • ~ i O MIN WIN ~ ~ ~I bf• I r N V A P r - O • P, ~ AI • Y M ~ ~ ~ L ~ ZIti ~11MNOJIIMIM tl lt•YMI/I A"" } C e * C a a f • C C ' RIR~1 UMn = z z 9= s z r i i Air, A%K M woy { rwwn'ai ►wlsvw ' rwwa T•I ANrllwq ' ' ' ' ' ' L«w MIN Tu . ~ewrw ►rapct ' Tu Y•wn•w Fogy, I" aml i ' ' • ~ ' L•• MlWrat . t i • wfrl•M~d Mla• I probob" nlwN a Inmayaw 10 0 ON r UIIIMI• YwIIIMM ' II t I i i4 • • •y Sul ~ r i ^r e ° LI• Mnrtr E t ~ o r i C C • • • • Dw ARprwte 3 • ! ~ ~ t«+n trla r ~ r r S h • r • Rwtlurbtn i Ake OW, HWw" r Indwtrlti ►aAUlLw»• I-T f MtrttW ' 1rw ttltt taro ~ rrAtw tnMRMt i 1 Tax M N* i ttnY Owtlgnrek y ~ d Uw ♦fMt4N i -ft WW zwft ' tMtnlWiw! S ►ttrnllN M•ett•t/ hiaa ~ u Rln ►rtloom to 6, ►nvMi•ne ' MlntlrytlWt ' j as cr. r~► T ~ Rig ri. -VOLM y ~ it 7 enwwy~ , r ATTACHMENT U I INTERSTATE 36 1 FAA 03 164 r I ~~m ~ I I CITY LIMITS J r~ i r I - P-1 ~L M l~ Zone 1 •v i 9972 4 ; ~Lm r 1NTERSTAT LLT 1 ~l --T r r r + r71 II' .NJ Wall t r. ~mmawso AAAa . ANN 111JI i 1 J 1w, WN, 'r ! r 6 1 INTERSTATE 35 R ` ff y Fu 0164 !I II ~ 11 ~ I! CITY LIUM r' r~ r, ! _ L. J I ! ' M tt ' 4_ A RPdRT I I~1 I / I 11i I ZVI INTERSTATE 35 / z Z •+rT { ; ~S a. j I ~ d 0 =ask weuo•~ Ir 1 ..tr I x r ~r fit R V r c t i fl r owl il~r• ter ~i.~ ~ ~ rn . ~c r tEt~ ~ m fi Its. i oil ~ pil 'Lit till 01- =tilt r 1F ~c. m ' Fxli~= F rF ~ N laftr ff <3- lot lit ffj- r Fat r F if i~ -fit A i erir'~fl~ ~p j=r&~a M r lit ~_i i ! ti~ EsF~ ~F~jfi t~ ` [fi_ll 1. 1 I 77 ffj~ . IV~ i r„....... w wey ATTACHMENT N Enterprise Zone FEZ) Identification Process Am M tillatW i Economic 04jectir}a Outline Ma to be included In ZZ I cm~ to Outline Ana to be inducted is ZZ OMK"ww The area must have an unem• TU area must haw had at least ployment rat$ o[at least 1.5 ttma mod POPUISUes loea during the 1 the total. state, at national area room i 7r~.or an annual. popula hr the most recent 19 monft ~d eios lace at at least ' Awpmj8d ellltbft the area Lis the moat room d Yeasa. ~ For moat be 1.5 lime the Nom rate, must P*d be" a~lstbe arcs<_ lft AMrrtlw CeY„1~ Al Yr w urI M ~i , t ZZ Rsddmib UDAG saneaiea~ _ Papeey► Ta: Below Median tat> A croslomme, >a t ( I (atIeas1 ) d" 1 f ~ll 3 , i ~~l1rFa+ ~Nf~ A■■F k f 3 ATTACHMENT V 1 r • Proposed Shedule for Creation, Local Adoption and State Designation of Enterprise Zones for the City of Denton March 14, 1990 Date: Event/Activity: 2/27 Fn-House Economic Development Committee discusses enterprise zone legislation. t 3/01 City officials review enterprise zone legislation and request census tract information from the Texas Employment Commission required for the state enterprize zone designation. ' 3/06 City staff receives census tract information including employment, poverty and income data from I the Texas Employment Commission (go day time ceriod 1 for approval of the zone begins). Y 3/07 City Staff and Chamber officials meet with i representatives of the Texas Department of Commerce to review requirements of the state enterprise zone program. i 3/20 Staff presentation to City Council on the state enterprise zone program. 3/30 City Council announcement, public notice and notice s to rDOC (Texas Department of Commerce) of intent to create enterprise zones in the City of Denton. a112 Joint public hearing with Denton Independent School District, Denton County and the City of Denton Tax Abatement Committee for adoption of community tax abatement policy. 4/17 City Council Public Hearing to establish and X ~ enterprise zones in Denton. j 5/01 Second reading and adoption of city tax abatement 1 policy and ordinance to establish Denton enterprise i zones, 1 i i I w µd ~ i t r 5/04 Complete revisions to city tax abatement policy and enterprise zone ordinances. Submit enterprise zone applications to TDOC. 5/18 TDOC completes initial review of Denton enterprise z zone applications. i 5/22 Complete revisions to enterprise zone applications y based on feedback from TOOC review and final review of Denton enterprise zone application. 5/31 TOOC completes final review of Denton application € and grants state designation of Denton enterprise zones. t i i r i i r' { c r r tie r ATTACHMENT VI 4 ENTERPRISE PROJECT (EP) APPLICATION PROCFM Mark calendar with EP application deadlines which are published for the state fiscal year in the Texas Register. EZ applicant governing body identifies/accepts request of qualified business in EZ for EP designation nomination. EZ governing unit(s) establishes torrent distress entetia within 90 days of EP application deadline, Atlea+to must bemet- (lse the rs:e that fe hto r at time of tone deripoaGOn or project application) 't Unemployment rate in EZ is EZ area had a population at least 1.6limea the state loss of at least 12% or 2% average for the most recent annually for the most j 12 months. recent 6 years. j ~ E Asleattooemuatbemet E2 residence EZ residents DA Structural Ptnpenty tax } below poverty below median eligible at deterioration/ arrearages (at least 2096) income time of EZ abandonmen (25% higher the (70%of80%) application (atleaet25%) urisdiction) Bustnew cettiNes it is or viii be a quaUAed buslaam { e 1 A qualified business is engaged in, or has provided substantial commit- ment to initiate active conduct of a trade or business in EZ. Twenty- five percent of the qualified business' new employees must either be EZ residents or economically disadvantaged after EP designation. i f EZ governing unit(e) adopts to to nominate JI the business as a quali&d business for EP designation. k in aooordaa-x with Itate V w and regulations i Applicant governing unit(s) Applicant business provides prepares EP application for cwmmitment letters, finanaal f submission to Commerce. dets, etc. to governing unit(e) ss required fora application. k Submttslo Deadliest EP applications must be EP applications received by received by Commerce by 6 pm o Commerce at leant 15 business or before an annually published days before EP competition dead- deadline date to be conaiderod in Its will receive preliminary applicrble round of com;etition. _ review for completeness. Applicants will be notified of C incorrect or missing data. After 6 pm on published dates, competition begins, j (additional information may be requested) t•"~ Recommendations for EP designations are made to Commerce's Board of Directors. i Applicant will be notified of of aTmmendetion to Itoerd TDOC i and when Board will meet; applicant presence is optional. ER«s;.. EPF-0EPF4G Five-year EP designation begins day of Board cppraval, 7/190 1 II 'a ATTACHMENT VU # QUESTION AND ANSWER BRIEFING ON ENTERPRISE ZONES March 14, 1990 What is a city enterprise zoo An enterprise zone is a spacial district including an area of at least 1 square mile and no more than to square miles in size exclusive of lakes, drainage areas or other non-buildable }3 land. 11hgt is the purpose sL an enterprise zone? To encourage local economic development by "packaging" incentive programs which may be offered to a new or existing business in a designated area. Another primary purpose of an enterprise zone is to provide relief to economically disadvantaged areas and expanded opportunities to economically i, disadvantaged persons. What are the advantages of a city enterprise zone? Enterprise zones serve primarily as marketing tools. Zones { are created to "position" local governments to apply j incentives quickly and fairly in a well-planned manner for economic development purposes. I ~ How do enterprise zones serves to promote locgil economic development? _ j Enterprise zones serve several purposes to encourage local economic growth. First, as a planning tool, enterprise zones designate boundaries for economic expansion and also identify the community's major employment bases to provide a source of labor for business and industry in the area. The object in creating a zone is to link economically disadvantaged areas which provide an available labor force with areas which are targeted for new and expanding business. Then special incentives are applied to encourage further growth. 1 Secondly, enterprise zones provide the mechanism to offer certain financial incentives. This is accomplished by the fact that specially created zones including reinvestment zones (required for tax abatement) and tax increment financing zones (required to rebate local sales taxes as an incentive to ` businesses) are incorporated within and considered part of a 4 designated enterprise zone. i a r r~„', ~.,n-+r.s..~r.4M1~'J/rAtiJi~A!'fw'alGVt,K I 111 NCl l r r`r hi h i k~ I Question and Answer Briefing on Enterprise Zones March 14, 1990 Page 2 In addition, enterprise zones provide for special state incentives and grants otherwise unavailable to new industry. Lastly, enterprise zones act as marketing device for local governments to respond to economic development prospects. What s _&he cost a city to create an enter2r-J-4-9?one? 1 1 There are ng direct costs involved in the creation of a local iiii enterprise zone. Wh,gtiyoes of incentives may be offered within an enter_pcJ-!Le zone The majority of incentives which may be offered through enterprise zones are provided on a local option basis, In other words, the program focuses on the option to offer local j incentives such as abatement of local property taxes to businesses within a zone. According to the Texas Department i of Commerce the two most significant incentives which may be offered within a zone are property tax abatement and state and local tax rebatee. f ~1 How do ci tie 1i IF v IF or an en-"r ~se zone dgsianat r? s ~ { ~ Cities who wish to create a state recognized enterprise zone must meet certain criteria which is covered in the governing legislation for the designation of enterprise zones, This criteria is described in Attachment IV., Enterprise Zone (EZ) Identification Process. I 1 What is the process to establish a state enterprise zone? 1 I k 1 The Texas Department of Commerce has developed a fornal -11 approval onterpise zones. Thirocess iprocss for ate preesentedsin Attachment Vf,e Stater Enterprise ZonesTimel1no Analysis. What is an enterprise prg ect? I A business or industry within an existing enterprise zone may 1 qualify to be designated by the Texas Department of Commerce as an enterprise project. In order to qualify and maintain 1 the designation as an enterprise project, a business or industry within the zone roust meet curtain guidelines and regulations governing the program. One of these regulations k y includes a hiring quota which requires a business or industry ' to employ 26% of all newly hired employees from within the 1 boundaries of the existing enterprise projects within a city. A r Question and Answer Briefing on Enterprise Zones March 14, 1990 Page 3 Only two businesses or industries may apply for the enterprise project designation during the state's fiscal year from J September to August. The enterprise project designation II process is outlined in Attachment VI., Enterprise Project Application Process. As an enterprise project a business is eligible for additional incentives under the enterprise program. l I 11.. i71 1 r ICI '1 1 I 1~1 I 1 1 y~ 1 ~ tK 1f ' itiI i 1 _ ~ i 1p 1 A H 144 I ZLI= ZLI= JZE= JZE= jj ~ t 1 ~ I I 3 S l! AJZ= I { 9 f 1 I Ej= E { { ' a i P w + 11 ALIFE: r f f i 7~ DO p.m. saddened the City of Denton is to learn of the im- C pending retirement of Dale Elrod after 20 years of 1 loyal and dedicated service to his community; and WHEREAS, during his tenure as a foreman in Electric Production J for the City of Denton, Dale Elrod has demonstrated a 1 consistently helpful, considerate, cooperative, and understanding demeanor towards the citizens of our community, which epitomizes the City 'a "Dedication to Quality Service"; and J, WHEREAS, Dole Elrod has steadfastly devoted himself to main- taining the highest ethical and professional Stan- dards, as reflected not only in his own work, but in j the work of those colleagues who were influenced by f the outstanding example he set for them on a daily basis; and WHEREAS, Dale Elrod has consistently demonstrated the kind of j dynamic leadership and unselfish service to his com- munity which has helped firmly establish the City of Denton as the upper vertex of the "Golden Triangle"; and WHEREAS, those of us who were influenced by his leadership, will continue to miss him greatly, and will endeavor to live by his fine example; { NOW, THEREFORE, BE IT RESOLVED BY 1HE COUNCIL OF THE CITY OF i DENTON: I That the sincere and warm appreciation of the City Council be j formally conveyed to Dale Elrod in a permanent manner by spreading this Resolution upon the official minutes of the City Council and forwarding to him a true copy hereof. PASSED AND APPROVED this day of March, 1990. j i I ATTEST: JENNIFER WALTERS, CITY SECRETARY t , t , z1 1 . _ S I I TWO= 1 C. its it is it at@ a It it it a a as 1 DZE= rTT= i 1 i I +1 I IF -F i it i I it it it am lij 11 1 1 1 1 11 NO I v I I i I A i i'd .6 W- I L 0 1 t k Mi CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Approval of a tax refund to Carriage Square Assoc./ Kostel Inc. J RECOMMENDATION: I! e ax epartment has mailed an Overpayment Letter and an Application for Refund to the taxpayer. All completed forms and necessary documenta- j tion have been returned, requesting this refund, which the Tax Technician recommends. SUMMARY: lap er 31.11 of the Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds in excess of $ 500.00. Kostel Inc. has requested a refund in the amount of $ 1,714.05 because they made a duplicate payment on City Account # 5180-00102. BACKGROUND: X90, Kostel Inc. paid $ 1,714.05 on the account of Carriage Squarer Assoc., then on 1-31-90, another payment of $ 1,714.05 was made on this same; account. Tax recor0s indicate payments of $ 3,428.10 against a tax base of $ 1,714.05. A tax reivncl is due. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: The Tax Department and the tax account of Carriage Square Assoc. FISCAL IMPACT: $ 1,714.05 i RESPEzY S~BM D: CLlitoyd IV. Managerre Prepared by: Name is Schneider Title Tax Technician Approved: g *_e J im B yar Treasu 2633C/3 E i i r. FJ1 a ft,. nuppk r1111 sere APPLICATION FOR TAX REFUND RvfundAPpea11aen 31.111(4102) Collecting Office Nomr f o e Ad A - a r f Collecting Tax For. r v_ Fn b n - &x In nits C;-/SE', ry9~,(~iianr~ ~)Pn-{~~t, aT~c'76.z0/ Addras$ City, State, Zip Cods - - - - - - - - - - - - - - - - - - - - - - - - in order to apply for a tax refund, the following information must be provided by the taxpayer, IDENTIFICATIe OF PROPERTY O"ER: Name: (~04 19, ✓a Address: Telephone Number (it add(ti al Information it neededr IDENTIFICATION OF PROPERTY: I 0escription of Prupolly: CvD rn Tianafa L-f iept ~ Y Address or Location of Property: Account Number of Prop" _?YS/h0 O or Tax Realpt Number. INFORMATION ON PAYMENT OF TAXES: Name of Taxing Unit Year for Amount of From Which Refund Which Refund Date of the Amount of Tax Refund Is Requested Is Requested Tax Payment Tax" Paid Roquesbd ` d t9 to too 2. to 19 24L j. 7 j i 3. to S / e Taxpayer's reason for refund (attach supporting documeMatlon): Zi w-e!r k~-t-rr✓ f or c a ! n e+r-O K l 7 1 hereby apply for the refund of the above4secribod fax" and ce" that the Information I have given on this form Is true and correct" Y ~I ~lr✓Add ~or /(~~e ~n~C g ~ay~ Ct-~1o } Sr nurture arTs X 7S~16/ Date of Application for Tax Refund DETERMINATION FOR TAX REFUND: Approval Disapproval y c Signature of AuthoAred Officer Date Signature of Presiding OfAoer(s) of Taxi Dole Unigs) for refund apptieabons over S i Any pawn who mAn s lobe snlry wren Mw lerpolag Woad shalt fie suijaet M arw d theleltawbo Pearllsei 1. IrMlielas owdst not mare ow to rem rwr In$ than a years www a thw of W aww won 111009 of belt "A floe Mw ImplsonmalrG 2. 0"ft wd In jolt two form up" 1 year er a one nel to ewes W IO,oN a taM woh bw sod ImFrleenmsnl as ew for* to lteetlen MID, POW Cob, i 011000 31 of I , Vii. ~f a i j s 8 ~ CITY OF DENTON CITY COUNCIL AGENDA REQUEST FORM* DATE OF CITY COUNCIL MEETING: March 20,__1990 ITEM TO BE PLACED ON AGENDA: r i' 1. Word Item exactly as it is to be placed on agenda, 1 Include any Advisory Board recommendations. 1 I 2. List backup materials (to be submitted no later than 5:00 p.m. Wednesday, prior to the Council meeting.) 3. State the order in which the item needs to appear on the agenda. A. Tax Refunds j a. Consider approval of a tax refund for Barbara L. Fowler/ American Title Co. for $ 512.46 r b. Consider approval of a tax refund for Carriage Square Assoc./Kostel Inc, for $ 1,714.05 j B. Backup materials consist of the Applications for Refund, copies of the cancelled checks, and copies of City records, attached to the proper forms. C. Order on the agenda is at your discretion. t , f " THIS FORM IS TO BE SUBMITTED BY NOON OF THE MONDAY OF THE WEEK MUR TO THE REGULAR WUMILMEEULNU, Note: Please use a separate request form for each item that is submitted. 1633C/2 ptl i I 4 p.a a 1 0-9230 r. - I~ 10>< f - ~ -'r11np; TW~11~ON1010 s _ ****-0 :THREE. THOU8AWIWO HUNDRED EIGHTY TWO L 48/100 DOLLARS MY DA" TO tMi JAN .25. 1990 *****S2f32.48 - 0110!11 CITi:`OF biNTON TAX DEPT.„ 21 E. NMINNEY STREET DE~f{TOt1• T ..76281 rac-~-~ i r Ma PAO 19c) & i f »I s,firr.4<}41~i,fA~"~3"~:4!'N~tl~!?11, B f r 1 r'~ 1 t t e~ ,y1M I` PN1~irr ,,M'F. , ~ '~~'.,r '..,,a;d'.., r:..c~..x'+1J~%RSA,.dfrr~.or,r~ifd~r,:~~/':%r":#•';Ff,iM~hvWtits~ila~;t+~:::r~iV'-1.~,.6ar ::.::.f::r,/l:'~'Y6'`Te;`~IRFr.~Y"~b1?i~rlASyri~i 1 bi i .1 i i t X .,f. q ;>Bfr r ~ t.'y.r3. fir i1'?~,~'~ a ~ . w _ 1.J r •~~',bYW Y~ ~~1 Y..1: . ~~~lY:i Y'. AMY '1 f f r I I~ 1 1 f ~ 1 ' i F • T I 1 J. Z r! y ! A v ` ==r rw~n s = y■ r 1 y M : Y ~f JJ J J 1 I~ I i i ~I I 111 i ♦ ~rJ J J J.r yQ~ r~.• J J • • 1 • • • . • 1 • • • • 1 1 • • • • • • • • • • • • • • • • • • • f OWN 1 • 1 r j . • 1 . ..1 . 1 . . . . . . . . • . . . . ' . . 1 • 6600 t~ 8 I ~ ~ J w J ~y~+~• VV V i Y- I i i t f I Imp Witty ,Ends t I i II ~ I 1 r g II r J I I f~ 11~i II I i~ r ' CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager s SUBJECT: Approval of a tax refund to Barbara L. Fowler/American I ! Title Co. RECOMMENDATION: e ax epartment has mailed an Overpayment Letter and an Application for Refund to the taxpayer. All completed forms and necessary documenta- tion have been returned, reauesting this refund, which the Tax Technician recommends. SUMMARY: Ter 31.11 of the Texas Property Tax Code requires the approval of f the governing body of the taxing unit for refunds in excess of $ 500.00. American Title has requested a refund in the amount of $ 512.46, due to duplicate tax payments on City Account # 7536-00800. BACKGROUND: On 1-05-90, American Title Co. paid $ 512.46 on Barbara L. Fowler's ac- count. On 1-31-90, the mortgage company also made payment in the amount of $ 512.46. American Title Co. Is requesting a refund of their payment, because the mortgage company is responsible for these taxes. f PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: The Tax Department and the tax account of Barbara L. Fowler FISCAL IMPACT: $ 512.46 i RESPECT LY SUBMI T D: oy arre City Eager Prepared by: ame is c nei er Title Tax Technician Approved: a Jm 'naLle Treasur 2633C/3 E f - - -T ~wp• ~ II f D r 4 r I t CITY OF DENTON CITY COUNCIL AGENDA REQUEST FORM* ` DATE OF CITY COUNCIL MEETING: March 20, 1990 ITEM TO BE PLACED ON AGENDA: 1. Word item exactly as it is to be placed on agenda. Include any Advisory Board recommendations. a 2. List backup materials (to be submitted no later than 5:00 p.m. Wednesday, prior to the Council meeting.) E 3, State the order in which the item needs to appear on the agenda. A. Tax Refunds a. Consider approval of a tax refund for Barbara L. Fowler/ American Title Co. for $ 512.46 b. Consider approval of a tax refund for Carriage Sgttre Assoc./Kostel Inc. for $ 11714.05 B. Backup materials consist of the Applications for Refund, copies of the cancelled checks, and copies of City record, attached to the proper forms, C. Order on the agenda is at your discretion. { 1 THIS FORM IS TO BE SUBMITTED BY NOON OF THE MONDAY OF THE REK PRIOR TO THE REGULAR COUNCIL MEETING. i Note: Please use a separate request form for each item that is submitted. 2633C/2 , 1 F Pi: rq lit ' sotsIt "ah►T=amore APPLICATION FOR TAX REFUND MfuneAppaoeaenS,.tt{Ue~ , r collecting Office Name.. , in * ben&ex - P Collecting Tax For. ax ng is 6;LO) Address City, State, Zip Code In order to apply for a tax refund, the following information must be provided by the taxpayer. IDENTIFICATIONOF T0PERTY~WNf oak Name: oalY Address T/, 6 WSle O` e^ Dni -T.C 74010S- Telephone Number (If additionat Information Is needed): IDENTIFICATION OF PROPERTY)- _ - II k Zu~ Deecrlptlon of Propery: ~fELLI~° wb✓DO dI P B~~ Address or locatlon of Property: i III Account Number of Property: or Tax Receipt Number INFORMATION ON PAYMENT OF TAXES: Name of Taxing Unit Year for Amount of From Which Refund Which Refund Date of the Amount of Tax Refund Is Requested _ Is Requested Tax Payment Taxes Paid Requested I 1, 19 q -arL--- Oi, t ;t' _ i 3. 19 ~ 19 ~ S $ Taxpayer's reason for refund (attach supporting documentation): CA Were Dad V4 n -1 ` i c~T rec't/rt /01 d:- 7IAri#- BUPr~a~lri1~°~►T' "I hereby apply for the refund of the above4eecribed twee and ce" that the information I have given on this form 5 ` is true and eo 6sct" 1' o . u) irk Data of Application for Tax Refund j gnalure ; ----------joPn-Q „t.7.rS:Jl DETERMINATION FOR TAX REFUND: Approval Disapproval y r Signature of Authorized Officer Dots I Signature of Presiding Officer(s) of Taxing Date I Unit(s) for refund applications over 1500 Any person hsAo makes a Ides entry upon the forepelno nerd shah br sublset te one of Ms to0owln9 pensMNsl 1 knprMennheMOl not mote than 10 years ner less %am 9 years antler s One of not men then 10,000 or both sw A and and ` i I ngAso Mort f. conansTN+t In jell for a Win up Io 1 yser or a Nne net to emosed 19.000 at boo w A Me and bnprleennnM as set a I" In Mellon 37.10, PsnN Code. PlNNe x1.11 I ) F~ •I A f , y~ ♦ ATCQP, INC. DBA FIuI STAN AMERICAN TITLE%COMPANY;UF DALLAS '0°9o 612 WEST HICKORY l a Tin ; 0MTON, TEXAS 76101 • (817) 6867007 A14tu41 1.. 4Mfrvo 1~ ~ ` . 46i 8-89-D -0291sa-C (02) JOSEPH AROCAm/ Me MO. ACCOYNT PAY 1IVE HUNDRED TIi1Q.Vt DOLLARS 46 CENTS .46 ATOM INti. DM CM YOU ~AMT W NUA/ CITY OF DSNTON TAX DSPT. ~,T L re2e X&A V VOID AnCO 90 DAVIS j 'y 000000464I' 1:111191% look L 910 0000000 S L Age I9 f J I i 13 Si ~l N Dt ' I 1 ~ 1"' tom. ry fT ~ .1 ri 01"08--'96 v } 1 ' i ~r,r~s ,J6 . Y t F I n. M ~wjtnlaof i gib l8 910 80 1111 1111 11111 aaa~asaaaaaaaa~aasa$aaaa : $$$$=~a$ aaa~eaaaaa~aasa$:~aaa; 33 V r r'i Sup ~a11. r ri€a' ~In~~'N~ r 16 ~I~ ~~f••R~L~..~1`r ~j'wFofa w r ';a IL 0 rr le 34 1 r ~ r: 4'r~Y NV,rANFM NN 4 N ~j,,,P r N 'Y OINII I• w~ I y,R B~X1'~.` ~'wy'v JlwaaLT2 8 %Ad* H~, ^oS~B r+X~ o ~ ~1 s+ea~o o +YV44 . •p V r. . • M ryry~1ry . I • , . • . • , I . • 1 , . . , s r' , r •P VO Y~14VM1S•r~R1•.M NOI•NOON~.MIF % r 1 + rr+.. + 1 '.i r Jr+~ y+d+. 1 rr:.!IVVNN~ 1 O+r r++ N+`YI,I NNNN +d + N++N/yNN+Nr NN+N4++NN+~ONNr + a~aa~axa~O~a ~ •.>~Swa~~~~~ ~~aa~8~~~~a«~a~~~s I ' M ♦ +.vul I•N1/ ! r + a1 N 4P 1 N N 1r NN W LM *24% .y~ VM T IfT~$r"~ ;tiP~"'ITTTT'y3r_ T I iIT'~f,TT,T;iTIe~% r 1 1 , $ { , 1 ' ' M I 1 ~ N 11 N M; ,1 ~ ' I 1 N 1.1 ~ ~$8a~w$$$~$$$$~$$$$~$$ i6$$$$~$$$ ~`ti~8$$$~3$$$$ fig ~ s u ! ! F x i + 1 + r MIA ~anibbbm mmi4m k Az I , { ~~~A ~ IrlN,~ ~ 1 if ` I 1 f r I II i J+ J h ! I y !I ~ I I + J i I I y tt4 1 t t i 1 1 ~ I i ` i 4 ~ i r' 2651L-1/3689 NO. r AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT J FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; 11 PROVIDING FOR THE FXPCNDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has soli:ited, received and tabulated competitive bids for the purchase of necessary materials, equip- ment, supplies or services in accordance with the procedures of state law and City ordinances; and WHEREAS, the City Manager or a designated employee hsa reviewed and recommended that the herein des<:ribed bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefor; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted w herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the numbered items in the following numbered bide For materials, equipment, supplies, or services, shown in the u "Bid Proposals" on file in the Office of the City's Purchasing Agent filed according to the bid number assigned thereto, are J hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM j NUMBER NO. VENDOR AMOUNT 1 j 1074 1 Ciastal Equipment 500110.00 I 1075 1 :,arcroa 360,00/Ton 1075 2 Delta .535/Lb. 1075 3 Delta .296/Lb. 1075 4 Rhone-Poulene 72.05/Ton ` 1075 5 Harcros .72/Lb. 1075 6 Delta 350.90/Ton 1075 7 Carus 1.225/Lb. 1075 8 Ammonia Service 019/Lb. 1075 9 Fe3 116.00/Ton 1075 10 DX System 1.10/Gal. 1077 11 Dustrol Inc. As Per Attached Prices Listed in Exhibit "A" 1078 12 Agchem Equipment Co. $164,895.00 1 ~wt+r r 1 it a i SECTION II. That by the acceptance and approval of the above numbers 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 accor- dance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. i SECTION III. That should the City and persons submitting approve an accepted items and of the submitted bids wish to 1 enter into a formal written agreement as a result of the accep- tance, approval, and awarding of the Was the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attaches; hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standarda, quantities and specified sums contained in the Bid Proposal and related bid documents herein approved and accepted. Y SECTION IV. That by the acceptance and approval of the above numbered items of the submitted bids the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written f contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective + imme ate y upon its passage and approval. PASSED AND APPROVED this day of , 1990. ATTEST,. JENNIFER WALTERS, CITY SECRETARY j 4 BY: APPROVED AS TO LEGAL FORM: ;i DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY i BY: PAGE TWO C f wn ~ a7 I DATE:March 20,1990 I CITY COUNCIL REPORT i T0: Mayor and Me.nbers of the City Council FROM: Lloyd V. Harrell, City Manager I 1, SUBJECTt BID #1074 AERIAL BUCKET DEVICE I RECOMMENDATION: We recommend this bid be awarded to the lowest 1 responsible bidder, Coastal Equipment in the amount of $25,055.00 11 per unit. Total bid for the two units is $50,110.00, FOB Denton, estimated delivery 90-150 days. SUMMARYs This bid is for the purchase of two Aerial Bucket Devices with working height of 41 feet. They are used by the Electrical Distribution Department in the maintenance and construction of the overhead electrical system. These new units will be mounted on existing 1987 GMC truck cab/chassis, supplied by the City of Denton. 1 BACKGROUND: Tabulation Sheet. PROGRAMS DEPARTMENT OR GROUPS AFFECTED: Fleet Operations and a I Electrical Utility, Distribution Division, f FISCAL IMPACT: These are replacement Aerial Devices and will be 1 funded from 1989-96 budget funds, account#610-080-0252-9230, Electric Utility Transportation Equipment. Respectfu submitted: R t Lloyd V Harrell City Manager Prepared by: t 1 Names Tom D. Shaw, C.P.M. Titles Purchasing Agent i Approved If i I Name: Tom D, Shaw, C.P,M, Titles Purchasing Agent ; ' i 1 1 t i + ~ nM 1 i g y zo I N I ~ H y ~ ~ c~ r H N d Mj x q N t~ ~,h1 ~ ~ H ~ ~ 9 I fC q ro ~+o Z ° Y N ° ~o to co N 01 N I O O N O N I yy N C s H co O L~ Ul [Zd O d On O '0A 0 ° 1 !j H N R7 a to LA o k v+ r v+ o to 0 0 0 - - - - - - - - - - - - - - - - - - - - - - - - - - C ' I Ln V7 N "8. rrrybbb co 0% W ~ p Oi m gyp~{{ w i' N hJ b H3 ~ o O o u - - - - - - - - - - - - - - F ~1 n 0 x to g Fri t4 t M i y e t9 I ! H y r a M a ym r 0 Z o H f N ~ e H mG o ff w tell m f ~ N d n 00 oaK { O N , H H O H O I o ro o I - - - - - - - - - - - O 4 y 1 4:1 f o H O m I~ w ps n o rn o. o 0 0 - - - - - - - - - - - - - - - - - - - k` - - - - - - - - - - - - - - - - _ I J { r 1 Fi{y~ V k DATE: March 20,1990 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROMt Lloyd V. Harrell, City Manager SUBJECTt BID 01075 WATER TREATMENT CHEMICALS "o RECOMMENDATION: We recommend this bid be awarded to the lowest bidder meeting specifications for the following items: ITEM DESCRIPTION VENDOR PRICE 1. Liquid Chlorine Harcros $360.00/Ton 2. Sodium Hexametaphosphate Delta $.535/Lb 4. Sulfuric Acid Rhone-Poulene $72.05/Ton 5. Tetrapotessium Phrophosphat Harcros $.72/Lb 6. Caustic Soda Delta $350.90/Ton 7. Potassium Permanganate Carus $1.225/Lb 1 9. Ferric Sulfate 5016 Sol. Fe3 $116.00/Ton 10. Sodium Hypochlorite DX System $1.10/Gal. We also recommend award of the following to the second low bidder as listedt 3. Sodium Silicofluoride Delta $.296/Lb 8. Anhydrous Ammonia Ammonia Service$.19/Lb The lower price offered on item 3 (.2552) by DPC Inc., required a minimum shipment of 20,000 Lbs. This exceeds our dry storage capacities. The same is true for the lower price on item 8 (.1895) offered by DPC, requiring a minimum shipment of 3500 Lbs. SUMMARYt This bid is for the annual contract for water treatment chemical, The chemicals are used by the Water Production Plant, the Electric Production Plant, and Waste Water Treatment Plant. The quantities of use vary depending upon weather conditions, plant load, and treatment requirements. The quotations listed are estimates, BACKGROUNDt Tabulation Sheet. PROGRAMS DEPARTMENT OR GROUPS AFFECTEDt Water Production, Electr c Pr uct on, an Waste Water Treatment Division of the Utility Department. i a 1 i i 1 1 CITY COUNC REPORT MARCH 20, 1990 k PAGE 2 OF 2 ; ri t FISCAL IMPACT: Funds for the purchase of these materials will Ee taken from budget funds for purchase of water treatment chemicals. . i Respectf y submitted: 3 Lloyd W. Harrell City Manager E Prepared by: Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent I , Approved Name: Tom D. Shaw, C.P,M. Title: Purchasing Agent i I { i t 11 r l,. } J 1 I O to 00 V 01 u1 A W N H y~ n Ci W !a n M ~J If ~Q [rrr.... B 01N0N OI~IINI~II OI y 'L' Y A3'3'Q~ o ZZH K 3 y :w M i O y Qro O b 4 NN yHyt" 00 M E G~ il1 0 H H 0 H a7 NZS P~hOqyf~C" d to ° I P O OO ~U! wNcIOHHH 0 0 m z~ ~ p W xfxT [~V11 ~3M7 H m ~b n la ~~~~~~33337xt w;yHpl 0 Zf)N1n1-~~UGHz H w i ~oMGOrorii z ' M~ HY ~ H H M M I - - - - - - - - - - - - - i t1 ~ . KO 0 O z ' d y' W M A E* H M O k0 A 1 M . O ~o . t~1 W W W O. Ot W N ^f. C~ . W N S FCZy-1 Kz oAVI k `A 0 WM H~LM. . . ~7 M N zyO OON~ 07 NOS. Fz1 V7 ~ Z `yL . t r r1 - Chi ro g Naawa, oa~i-+N i0 b ~ ~ ~ ",~,'01N0N OU1N111O H 'L' ~ . rC H H # ' d O NG I d (n b ~ y xx 0 d 0 ° ~xG y~y z h~ zz I to H O"ny~ngOi H to 00 zz ~tl ~t9 to Z O Li VI NC1 NIr J ~ -1 ;NVI O '~t1 Li3 N z~z N W W O to W CC" tOAH H O a m O471w yNx Kx w w 'Hz Oww Sct 1 W N M 1J/1 j d ~ o t ~ Kz o f 1 N [i7 J W 01 Qt tl iJ t't C{ O p H ?0 KO x t~ C1 ~d1O '~d ~y W µ 03 w N zz Oo 9 d H K x Z ?o Ed 1 ' i . J I ~,r l to co -j a, LA 0.wNrt n 0 F - - - - - - - - - - - - - - - - - - - - - - - N yk NJJWOA OJ~DNN ^y' 01NON Ow~J Ln O~ H .Z .b V --y--- ~ M ~ sti r o~ H j y o OO~ N a ~q N Q C81M7yQ *3 J N W t on, to Corot °z ! y~qd 1i 14 y'7 Ci N tv Y x 1 r I Kx I y - - - - - - - - - - - - Ntj N 5 m In co !A 1 : Y------ r' 1 - - - - - I y 'L ~ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - J t+1 N C ` kx y i i t r rWOD 1lCh toAwNr! ~c y o bd bo to-1-4 WO1 oaartli A 8 owwLno r3 z d ~G H H O rop p do ou to to 0 0 oo tni0 H rot' H H 19y9MA w O tall t9CIOHHH (~j V j HHHHHH NNtoo + I oM~~aro~ z c r M Y r ttT3 eri O K W 1 H x7 I x - r t*1 r ; k x W b t9 M hi ~ I 9 G 1 - i i WOW" r 11 ~ t DATEe March 20,1990 CITY COUNCIL REPORT T03 Mayor and Members of the City Council FROMt Lloyd V. Harrell, City Manager r SUBJECTi BID #1077 RENTAL OF STREET CONSTRUCTION EQUIPMENT RECOMMENDATIONo We recommend this bid be awarded to Dustrol Inc., at the prices bid, ' • to+ttS1 SUMMARYt This bid is an annual contract, with a one year k extension clause, for the daily rental of street construction k equipment. The daily charge can be prorated to portions of day, and only equipment needed will be utilized, t Dustrol Inc., is the only company to respond due to the fact that we request bids on the complete list of equipment only. This allows for continuity and compatibility. Also the bid requires qualified operators for each machine be included in the per day price. This program has been very satisfactory in the past. The City ` of Denton furnishes support staff i.e., traffic control, and clean up only. This allows for the recycling and reconstruction of city streets without major investment in equipment and manpower. ` BACKGROUNDt Tabulation Sheet. PROGRAMS DEPARTMENT OR GROUPS AFFECTEDI Street Construction, i Public WoEngineering and CIP pro ect, FISCAL IMPACT] Funds for these services will come from budget funds, CIP funds and/or Bond funds. Each project will be funded from the appropriate account. Respectfu submittedi Lloyd Harrell City Manager ~ Prepared bye j Y Names Tom D. Saw, C.P.M. T^ittllei Purchasing Agent Names Tom D. S~ haw# C.P.M. Titled Purchasing Agent t 71 y rep.' a P I :w b O w 0 + ~ f+ f+ f+ ~o w v rn cn ~ w z H - - - - - - - - - - - - - - - I ~ yy y i H i3 4" H v~ K yykpp O '~tl [rJ aixt rz ►Po sv s rH rw r j rtn r t~1 tin AHtn o r : r r 9 r tRl r 0 r r H r r H 7~ f~ oo hf ,hHy ~ ~ H ~ ~ ~ Gx] H ~ e~! ?MO ~ t+J ~ r ?o ro ro x M O o M ?0 n M z a - -07 N ONi 0 NNNNUNOONONiNbN~ N N O N N N O N N N Ln N Y O M N N N N O VI o O v Lm N1 000 O P a N ON OOOO Oo 0- 0 0 a a 010 0 00- • 0000 O 0 r O6P6 9 q • Of 00 O$ O~ O, co Ol 04 O* 0 0 0 0 0 0 0 O 000 0 0 0 0 0 0 0 0 ~O11 {O~ O O hl O O ~O9 O O O O H k k k k k k k k - - - - - - - - - - [4 G O - H -.-._...-..r - _ ~~ro Mop ~ k - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 4 w,ba. ~11S t n DATEr MARCH 20,1990 CITY COUNCIL REPORT i TO: Mayor and Members of the City Council ? FROMs Lloyd V. Harrell, City Manager SUBJECT: BID #1078 SLUDGE INJECTION TRACTOR RECOMMENDATIONS We recommend this bid be awarded to Ag Chem Equipment Co. Inc., in the amount of $164,895.00 with delivery 30 days. SUMMARYs This unit is a piece of equipment specifically e is~gned for the injection or plowing in of sludge from the waste Water Treatment Plant. This type machine is in very limited production and available from only one source at this k time. i Currently we are using an alder machine for this injection purpose. However it has become obsolete, badly worn and is no I longer dependable or economical to maintain. 1 1 BACKGROUNDS Tabulation Sheet. i PROGRAMS DEPARTME NT OR GROUPS AFFECTEDs Waste Water Treatment + j Division of the Util ty Department 1 FISCAL IMPACTS Sources of funding for this project will be from k Waste Water Operation budget funds or a combination of Waste Water Operation budget funds and Motor Pool funds. i ' Respectfu submitteds Lloyd Harrell City Manager Pre aced byS Names TOM D. ShPw, C,P,M, Titles Purchasing Agent Approved 1 Names Tom D. Shaw, C.P.M. Titles Purchasing Agent i i 1 i f f o ao qo - - - - - - - - - - - - - - - - - - - - - - - - - - - - -fff-- yk t~ M b N a x ! t N 100 E O ~ ~ N - - - - - - - - - - - - - - - - O- 131 ~i i _ s ~ I J x Y i ~i 1 I Flo' j F Ff I F I I I I I I F I I I A I I J I I I I F F I r tr OrTorl OrTmm uTmr" 1 ' rT-m r t I i g I i m, A k 1 i ~ 1 v it a 3 B 2651L-5/3689 NO. AN ORDINANCE PROVIDING FOR THE EXPE14DITURE OF FUNDS FOR PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE i IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. i WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, including: items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; need not be submitted to competitive bide; and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the following purchases of materials, equip- meet or su plLee, as described in the "Purchase Orders" attached herato, are hereby approved: PURCHASE AMOUNT ORDER NUMBER VENDOR 95164 Motorola Communications $19,171.00 SECTION II. That the acceptance and approval of the above items a-FiaTr not constitute a contract between the City and the person requirements specifieds by until the such person comply submting the Purchasing Department. SECTION 111. That the City Manager is hereby authorized to execu a any contracts relating to the -items specified in Section I and the expenditure of funds pureuant to said contracts is hereby authorized. i I i owl ~ t . r.rw.. SECTION IV. That this ordinance shall become effective a imme ate y upon its passage and approval. PASSED AND APPROVED this the day of , 1990. li KAY , MAYM ATTEST: JENNIFER WALTERS, CITY SECRETARY i~ t APPROVED AS TO LEGAL FORM: I DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY I BY: 1 I r 1 PAGE TWO I I 1 !I 1 3 1 4 DATE: March 20,1990 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: PURCHASE ORDER 95164 MOTOROLA COMMUNICATIONS RECOMMENDATION: We recommend this purchase order number 95164 to ° Motorola Communications be approved in the amount of $19,171,00. f ' i SUMMARY: This purchase order is for the acquisition of the s components necessary to upgrade the dispatch console in the Utility/Public Works area. This will bring the Utility Central ' Dispatch Console up to the level of feature utilization presently available to fire and police dispatchers. The components listed are only available from Motorola Communications because of the requirement that this console be totally compatible with the 800 MHZ radio system. Some of the features included arcs f A. Dynamic Regrouping of select radios for emergency operations or special events. B. Allow for select or unselect audio which permits the dispatches to select several channels to monitor at anytime. I C. Will permit private conversation with any radio within tho system. D. Will provide call alert to check any radios line status. E, Will provide Patches capabilities with conventional } channels or any of er 800 MHZ radio. J F. Will provide Multi-Select feature which will allow callinst 1 several units to Te ad dressed at the same time. ' I f BACKGROUND: Purchase Order 95164. { PROGRAMS DEPARTMENT OR GROUPS AFFECTED: Utility D spate inq, Pu l 1c Works an of er uaera of the 800 MHZ radio 1 system. } I I 1 f I i k Px 17, e q, r. CITY COUNCIL REPORT MARCH 20, 1990 PAGE 2 OF 2 i FISCAL IMPACTS This purchase will be funded from 1989-90 budget funds account number 610-080-0254-9227. Electric Utility Communication Division. ; J I Respectful aubmitteds I1 Llo V rrel City Ma agar Prepared bys Names Tom D. Shaw, C.P.M. Titles Purchasing Agent Approved Names Tom D. Shaw, C.P.M. Titles Purchasing Agent II I f I I i I V 1 I , Ole- P I 1 N~ O O O O O O On N m~ Z~Z ors g to r a N r O rOy V > > > f O ~40 -1 x1 > l ' y : orb N k> t. i ..I►~ yr+ ~p~r In►~ p►+ n CC ~ k lf1 o Ni WA OM -M, rIr Nmx UUy111 c -4 d ~N ZN AN mN > N k ~m ,spa om tt $ m m -'t d 04 V! ~I i 2 IM P, p N C A 10 In {a9~ w ~5 I N 24 < n< O< to Ro opi O6 no a Ox A c O V ' !f ^ O b} z> s > > s~.p t ~~t ft^1i i i i ►rri y~ 111 xx 1 VA It VA 41k 44 t & 0 N u H ~ ~ I r ~ t6i~ O CP O 6 Of O 04kk)1-4 X -4 w I VNNax o 20 N F+ 0 I V !!1 N J t~t~yy!l,,~~ ~p L`ICI O O O O O yin g 1 r O O O O O 4 _ r i J O NM 41 i r 14 J O J o M NM MN •O O O O O O Ott OO i 2 t Yi. •r• i Nil I t f r , V ~ 1 I ' y 1 1 a i (A 1 1 E I Ji { 1 L.A IN I Ile V 7T 4 r ~ x I r i r ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN . THE CITY OF DENTON AND THE DENTON CHAMBER OF COMMERCE FOR THE PAYMENT AND USE OF HOTEL TAX REVENUET AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSI j;CTiON I. That the Mayor is hereby authorized to execute an i 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. U CTiON ii. That the City Council hereby authorizes the expenditure of funds as set forth in the agreement. SECTION ilia That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 19900 RAY STEPHENS, MAYOR ATTESTi JENNIFER WALTERS, CITY SECRETARY BYt ' APPROVED A$ TO LEGAL'FORMI DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY . r E BYt DCC.ord 1 1 2924L f e AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON CHAMBER OF COMMERCE PROVIDING FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE THIS AGREEMENT made between the City of Denton, Texas, a muni- cipal corporation (the "City"), and the Denton Chamber of Commerce, a non-profit corporation incorporated under the laws of the State of Texas (the "Chamber"): i WHEREAS, TEX. TAX CODE §351.002 authorizes the City to levy by ordinance a municipal hotel occupancy tax ("hotel tax") not ex- ceeding seven percent (7%) of the consideration paid by a hotel occupant; and WHEREAS, by Ordinance 86-67, the City has provided for the assessment and collection of a municipal hotel occupancy tax in the City of Denton of seven percent (71); and WHEREAS, TEX. TAX CODE 1051.101 (a) authorizes the City to use revenue from its municipal hotel occupancy tax to promote tourism and the convention and hotel industry by advertising and conduct- ing solicitations and promotional programs to attract tourists and convention delegates or registrants to the municipality or its i vicinity; and p the is well ties through its DentonrConvention and pVisitors Bureau; and activi- WHEREAS, TEX. TAX CODE 1351.101 (c) authorizes the City to delegate by contract with the Chamber as a private organization the management and supervision of programs and activities of the type described hereinabove funded with revenue from the municipal hotel occupancy tax; NOW, THEREFORE, in consideration of the performance of the mutual covenants and promises followgcontained herein, the City and the Chamber agree and contract I 1 1. HOTEL TAX REVENUE PAYMENT TO CHAMBER 1.1 Consideration. For and in consideration of the activities to be performed by the Chamber under this Agreement, the City agrees to gay to the Chamber a portion of the hotel tax revenue collected by the City at the rates and in the manner specified herein (such payments by the City to the Chamber sometimes herein as the agreed payments" or "hotel tax funds"). referred to E MOM F~l 1 7 i 1.2 Amount of Payments to Chamber. (a) As used in this agreement, the following terms shall have the following specific meanings: (i) The "hotel tax revenue" shall mean the monies col- lected and received by the City during any relevant r.. period of time (i.e., fiscal year, fiscal quarter, or calendar month) as municippal hotel occupancy tax at the rate of seven percent (7x) of the price paid for a room in a hotel, pursuant to TEX. TAX CODE §351.002 and City Ordinance 86-87, together with and including any sums of money received by the City from taxpayers during any relevant fiscal quarter or calendar month as attorney's fees, court costs, or other expenses of collec~ion hotel 11+y the y Cibut ty from excluding taxpayers, and penalties re i (11) The term "base payment amount" shall mean an amount of money equal to eighty-eight hundredths (88/100ths) of one seventh (1/7th) of the total hotel tax revenue collected by the City during any relevant s period of time (i.e. fiscal year, fiscal quarter, or calendar month), less (1) such amounts incurred during such relevant period of time for costs of collection of hotel taxes from taxpayers or auditing taxpayers for tax payment compliance, such collection and audit- ing costs to include fees paid to attorneys or other k agents not in the regular employ of the City and which I attorneys or agents effect collection of the hotel tax from taxpayers or audit such taxpayers, and (2) court costa and expenses incurred in litigation against or auditing of such taxpayers. 1 (iii) In the went that the municipal hotel occupancy tax rate is reduced from the current rate of 7% to 6%, j the term )bass payment amount" shall be deemed to mean an amount of money equal to eighty-eight hundredths tax/revenui,oasodefin d habovi6thcollected bytthehCity during any relevant period of time (i.e. fecal year, fiscal quarter, or calendar month), less (1) such amounts incurred during such relevant period of time for costs of collection of hotel taxes from taxpayers or auditing taxpayers for tax payment compliances such collection and auditing coats to include fees. paid to attorneys or other agents not in the regular employ of the City and which attorneys or agents effect eit collec- tion of the hotel tax from taxpayers or a Incurred taxpayers, and (2) court costs and expenses i in litigation against or auditing of such taxpayers. PAGE 2 r I, I ~f 7 i ' i s (b) The City shall pay to the Chamber an amount of money equal to one hundred percent (100X) of the base payment amount for the period April 1, 1990 until September 30, 1990. (c) The City shall pay to the Chamber an amount of money equal to ninety eight percent (98X) of the base payment amount for the first (let) full fiscal year of this contract, such fiscal year being October 1, 1990 to September 30, 1991. (d) The City shall pay to the Chamber an amount of money equal to ninety five percent (95x) of the base payment amount for the second, third, and fourth (2nd, 3rd, and 4th) full fiscal years of this contract, such fiscal years being October 1 1991 to September 30, 1992, October 1, 1992 to September 30, 1993, and October 11 1993 to September 30, 1994. 1.3 Dates of Payments to Chamber. (a) The term "quarterly payments" shall mean payments by the City to the Chamber of those amounts specified in 41.2 above as determined by the hotel tax revenue collected by the City dur- ing term a~'7monone thly payments" quarter &halli mean the term this the Agreement. The he Chamber of those amounts specified in rt1 2 above as deter to mined by the hotel tsx revenue collected by the City during any one calen- dar month during the term of this Agreement. (b) City shall pay the Chamber the agreed payments speci- fied in a1.2 above quarterly. Each such quarterly payment shall be paid to the Chamber on or before the forty-fifth (45th) day after the last day of such respective fiscal quarter for which such payment is due. (c) Should the City, by amendment to the Code of Ordi- nances of the City of Denton, require that the hotel tax be paid on a monthly basis, the agreed payments by the City to the Chamber specified in 41.2 above shall be paid monthly. Each such monthly payment shall be paid to the Chamber on or before the forty-fifth (45th) day after the last day of such respective calendar month for which such payment is due. II. USE OF HOTEL TAX REVENUE BY CHAMBER j 2.1 Use of Funds. For and in consideration of the payment by the City to the Chamber of the agreed payments of hotel tax funds specified above, the Chamber agrees to use such hotel tax funds only for the purposes of advertising and conducting solicitations j and promotional programs to attract tourists and convention dele- gates or registrants to the City of Denton or its vicinity, as { authorized by TEX. TAX CODE 4351.101 (a)(3). i PAGE 3 l . S sue] s 2.2 Administrative Costs. The hotel tax funds received from the City by the Chamber may be spent for day-to-day operations, supplies, salaries, office rental, travel expenses, and other administrative costs that are incurred directly in the perfor- mance by the Chamber of those activities specified in 92.1 above. 2.3 Specific Restrictions on Use of Funds. (a) That portion of total administrative costs of the Chamber for which hotel tax funds may be used shall not exceed that portion of the Chamber's administrative costs actually incurred in conducting the activities specified in 92.1 above. (b) Hotel tax funds may not be spent for travel for a person to attend an event or conduct an activity the primary purpose of which is not directly related to the promotion of j tourism and the convention and hotel industry or the performance of the person's job in an efficient and professional manner. III. RECORD KEEPING AND REPORTING REQUIREMENTS 3.1 Budget. (a) On or before July 31st of each calendar year during the term of this Agreement, the Chamber shall prepare and submit to the City Manager of the City an annual budget for the next ensuing fiscal year of this Agreement for the Denton Convention f and Visitors Bureau and any other operation or function of the Chamber in which the hotel tax funds shall be used by the Chamber. ` The City shall not pay to the Chamber any agreed payments or hotel tax funds during any fiscal year of this Agreement unless such budget for such roe active fiscal year has been approved in writ- ing by the Denton City Council. (b) The Chamber acknowledges that the approval of such budget by the Denton City Council creates a fiduciary duty in the ; Chamber with respect to the hotel tax funds paid by the City to the Chamber under this Agreement. The Chamber shall expend hotel tax funds only in the manner and for the purposes specified in the budget as approved by the City. 3.2 Separate Accounts. The Chamber shall maintain any hotel tax funds paid to the Chamber by the City in a separate account such hotel staxstfundshwith oanys otherumoney ordmain aintsuchmhoggtel tax funds in any other account. 3.3 Financial Records. The Chamber shall maintain complete and accurate financial records of each expenditure of the hotel i A PAGE 4 i r yl 5 3 6 tax funds made by the Chamber and, upon reasonably advance written request of the Denton City Council or the City's Executive Director of Finance or his designee, shall make such financial records and ava ection review theiCityasfExe utive Dire for of Fin ncetor histdesignee Council or 3.4 quarterly Reports. The Chamber shall furnish to the City a report of the services performed by the Chamber under this Agreement within thirty (30) days after the end of each fiscal quarter of this Agreement. Such report shall summarize the activ- ities of the Chamber in performance of the services specified in and q2.1 and expenditure of he ehotel tax funds trecof the eived by the Chaber payments from and the the City. 3.5 Notice of Meetings. The Chamber shall give tho City Manager of the City reasonable advance written notice of the time and e of er of Boardlof Directorsaasmwellnas anythother tm a ingbof anyCconsti tuency of the Chamber at which this Agreement or any matter the subject of this Agreement shall be considered. This provision shall not be deemed to executive session of the require Committee of the Chamber. of any IV. REIMBURSUMT AND INDEMNIFICATION 4.1 Reimbursement of Chamber for Administrative Costs. In the event that this Agreement is terminated pursuant to Section 5.2(s), 9 the City agrees to reimburse the Chamber for any all expenses ' and coats undertaken by the Chamber i performance cost activities specified in 42.1 above or expen The City isincurred obligated by the Chamber as described in 12.2 above. i to reimburse the Chamber for expenses and costa as described in 12.2 above only for the period commencing upon the date notice of termination is given and ending upon the date of termination. Further, this obligation shall be limited to the lesser of the j actual expenses and costs incurred by the Chamber during the one l hundred eighty day period preceding termination or the a reed payments otherwise due and payable to the Chamber for such period. 4.2 Reimbursement of Chamber for Contractual Obligations. In the event that this Agreement is terminated pursuant to Section 5.2(a), the City agrees to reimburse the Chamber for any and all f contractual obligations of the Chamber undertaken by the Chamber in performance of those services specified in 112.1 above, condi- i tioned upon such contractual obligations having been incurred and entered into in the good faiO performance of those services con- ; 1 v PAGE 5 1 { -77 V e 5 templated in 92.1 above, and further conditioned upon such con- tractui l obligations having a term not exceeding the full term of this Agreement. Notwithstanding any provision hereof to the con- trary, the obligation of the City to reimburse the Chamber or to assume the performance of any contractual obligations of the Chamber for or under any contract entered into by the Chamber as contemplated herein shall not exceed TEN THOUSAND DOLLARS ($10,000.00). Such monetary limitation is cumulative of all contractual obligations and shall not be construed as a mone- tary limitation on a per contract basis. 4.3 Payment of Reimbursement to Chamber. (a) With respect to expenses and costs incurred by the Chamber for which the City is obligated to reimburse the Chamber pursuant to 44.1 above, the City shall pay such reimbursement amount due, if any, to the Chamber on or before the forty-fifth (45th) d~f after the date of termination of this Agreement. In the event that the agreed payments are such paid monthly pursuant to 91.3 (c) above, the City shall pay reimbursement amount to the ' Chamber on or before the forty-fifth (45th) day after the last day of such respective calendar month in which this Agreement is i terminated. (b) With respect to contractual obligations undertaken by i the Chamber for which the City is obligated to reimburse the Chamber for as provided in 44.2 above, the City shall reimburse the Chamber for such monetary obligations required in such coa- tractual obligation in such amounts and at those times such con- tractual costa and expenses are due and payable according to the terms of such contract limitation set forth in 44.2 above.' 4.4 Indemnification. The Chamber agrees to indemnify, hold harmless, and defend the City, its officers, agents, and employees r from and against any and all claims or suits for injuries, damage, loss, or liability of whatever ki-%J or character, arising out of or in connection with the performance by the Chamber of those services contemplated by this Agreement, including all such claims or causes of action based upon common, constitutional or statutory law, or based in whole or in part, upon allegations of negligent or intentional acts of Chamber, its officers, employees, agents, subcontractors, licensees and invitees. V. TERM AND TERMINATION 5.1 Term. The term of this Agreement shall be for four and one-half (4-1/2) years, commencing April 1, 1990 and terminating at midnight on September 30, 1994. This term shall be comprised PAGE 6 I 1 g i of an initial period of six (6) months and subsequent four (4) fiscal years, each fiscal year constituting the period from October 1 of a calendar year to the next ensuing September 30. 5.2 Termination. ~ .ar (a) This Agreement may be terminated by either party by i giving the other party one hundred eighty (180) days' advance written notice. (b) This Agreement shall automatically terminate upon the occurrence of any of the following events: (i) The termination of the corporate existence of the Chamber; (ii) The insolvency of the Chamber, the filing of a petition in bankruptcy, either vol- untarily or involuntarily, or an assign- ment by the Chamber for the benefit of creditors; or (iii) The continuation of a breach of any of the terms or conditions of this Agreement by either the City or the Chamber for more than thirty (30) days after written notice of such breach is given to the breaching party by the other party. VI. GENERAL PROVISIONS 6.1 Subcontract for Performance of Services. Nothing in this Agreement shall prohibit, nor be construed to prohibit, the agreement by the Chamber with another private entity, person, or organization for the performance of those services described in 1 A2.1 above. In the event that the Chamber enters into any ar- rangement, contractual or otherwise, with such entity, person or organization, the Chamber shall cause such other entity, person, or organization to adhere to, conform to, and be subject to all provisions, terms, and conditions of this Agreement and TEX. TAX CODE Chap. 351, including reporting requirements, separate funds j maintenance, and limitations and prohibitions pertaining to ex- penditure of the agreed payments and hotel tax funds. I 6.2 Acknowledgment of Denton Convention and Visitors Bureau. The City acknowledges that the services contemplated in this Agreement may be performed by the Denton Convention and Visitors Bureau, a wholly-owned and managed entity within the Chamber. Any and all rights, benefits, obligations, and duties under this I I PAGE 7 I 1 13 A F i r.. Agreement, including reporting requirements, separate funds main- tenance, and limitations and prohibitions pertaining to the ex- penditure of the agreed payments and hotel tax funds, shall inure to lice benefit and obligation of the Denton Convention aci Visitors Bureau. The Bureau shall not be construed to be a sub- contractor or assignee under 96.1 or 96.4 of this Agreement. fr'` 6.3 Independent Contractor. The Chamber 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 Chamber shall have exclusive control of its operations and performance of services hereunder, and such per- sons, entities, or organizations performing the same and the Chamber shall be solely responsible for the acts and omissions of its directors, officers, employees, agents, and subcontractors. { The Chamber shall 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. 6.4 Assignment. The Chamber shall not assign this Agreement without first obtaining the written consent of the City. 6.5 Notice. Any notice required to be given under this Agreement or any statute, ordinance, or regulation, shall be effective when given in writing and deposited in the United States mail, certified mail, return receipt requested, or by hand-delivery, addressed to the respective parties as follows: city; Chamber If by Mail: City Manager President City of Denton Denton Chamber of Commerce 215 E. McKinney Drawer P Denton, TX 76201 Denton, TX 76202 If by hand-delivery: i President Denton Chamber of Commerce + 414 W. Parkway Denton, TX 76201 6.6 inurement. This Agreement and each provision hereof, and each and ever yy rigght duty, obligation, and liability set forth heroin shall be binding upon and inure to the benefit and obli- gation of the City and the Chamber and their respective successor; and assigns. 6.7 Application of Laws. All terms, conditions, and provi- PAGE 8 i 1 SIC- / A° i h Y f sions of this Agreement are subject to all applicable federal laws, state laws, the Charter of the City of Denton, all ordi- nances passed pursuant thereto, and all judicial determinations relative thereto. 6.8 Exclusive Agreement. This Agreement contains the entire understanding and constitutes the entire agreement between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or under- standings, oral or written, express or implied, between or among the parties hereto, relating to the subject matter of this agree- ment, which are not fully expressed herein. The terms and condi- tions of this Agreement shall prevail notwithstanding any variance in this Agreement from the terms and conditions of any other document relating to this transaction or these transactions. 6.9 Duplicate Originals. This Agreement is executed in duplicate originals. 6.10 Headings. The headings and subheadings of the various sections and paragraphs of this Agreement are inserted merely for the purpose of convenience and do not express or imply any limi- tation, definition, or extensiooon of the specific terms of the section and paragraph so designated. EXECUTED this day of , 1990. THE CITY OF DENTON, TEXAS By: y tep ens, ayor ` ATTEST: APPROVED AS TO LEGAL FORM: By: eyl Jennifer Walters, NeSra am ayov tc , City Secretary City Attorney DENTON CHAMBER OF COMMERCE r i By: Charles V. Carpent President I I j ATTEST: APPROVED AS TO LEGAL FORM: ` I f By. By: Secretary B WiLd W. es, ttorney FAGE 9 I I ~ I I F Awl , } 3 it Y •s 1 i C i I j z i 9 x ~ I i i 1 f i k I ~ i I i 3 0,3. D. r 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 HOTEL TAX REVENUE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION T. 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, 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. RAY STEPHENS, MAYOR ATTEST: JENNIFER WAmns, CITY SECRETARY BY: APPROVED AS TO LEGAL FORMt DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BYI A&AW i DCHM.ord r f I` 2927L AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON COUNTY HISTORICAL MUSEUM PROVIDING FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE THIS AGREEMENT made between the City of Denton, Texas, a muni- cipal corporation (the "City"), and the Denton County Historical Museum, a non-profit corporation incorporated under the laws of the State of Texas (the "Museum WHEREAS, TEX. TAX CODE 1351.002 authorizes the City to levy by ordinance a municipal hotel occupancy tax ("hotel tax") not ex- ceeding seven percent (7%) of the consideration paid by a hotel occupant; and WHEREAS, by Ordinance 86-67, the City has provided for the assessment and collection of a municippal hotel occupancy tax in the City of Denton of seven percent (7x); and WHEREAS, TEX. TAX CODE §351.101 (a)(5) authorizes the City to use revenue from its municipal hotel occupancy tax to promote tourism and the convention and hotel industry by performing his- torical restoration and preservation projects or activities or advcrtising and conducting solicitations and promotional programs to encourage tourists and convention delegates to visit preserved historic sites or museums at or in the immediate vicinity of con• vention center facilities, or located elsewhere in the municipality or its vicinity that would be frequented by tourists, convention delegates, or other visitors to the municipality; and WHEREAS, the Museum is well equipped to perform those activi- ties; and WHEREAS, TEX. TAX CODE 1351.101 (c) authorizes the City to delegate by contract with the Museum as a private organization the y' management and supervision of programs and activities of the type described hereinabovs funded with revenue from the municipal hotel occupancy tax; NOW9 THEREFORE, in consideration of the performance of the mutual covenants and promises contained heroin, the City and the Museum agree and contract as follows: E 1. HOTEL TAX REVENUE PAYMENT TO MUSEUM 1.1 Consideration. For and in consideration of the activities to be performed by the Museum under this Agreement, the City i agrees to pay to the -:ussum a portion of the hotel tax revenue i collected by the City at the rates and in the manner specified 1 . . N■■■p 11 i F~I q V t herein (such payments by the City to the Museum sometimes herein referred to as 'the agreed payments" or "hotel tax funds"). 1.2 Amount of Payments to Museum. (a) As used in this agreement, the following terms shall have the following specific meanings: (i) The "hotel tax revenue" shall mean the monies col- lected and received by the City during any relevant period of time (i.e., fiscal year, fiscal quarter, or calendar month) as municipal hotel occupancy tax at the rate of seven percent (7x) of the price paid for a room in a hotel, pursuant to TEX. TAX CODE §351.002 and City Ordinance 86-87, together with and including any sums of money received by the City from taxpayers during any relevant fiscal quarter or calendar month as attorney's fees, court costs, or other expenses of collection of hotel tax, but excluding interest and penalties received by the City from taxpayers. (ii) The term "base payment amount" shall mean an amount of money equal to eigghty-eight hundredths (88/100ths) of one seventh (1/7th) of the total hotel tax revenue collected by the City during any relevant period of Lime (i.e. fiscal year, fiscal quarter, or calendar month), less (1) such amounts incurred during such relevant period of time for costs of col- lection of hotel taxes from taxpayers or auditing tax- payers for tax payment compliance, such collection and auditing costs to include fees paid to attorneys or other agents not in the regular employ of the City and which attorneys or agents effect collection of the hotel tax from taxpayers or audit such taxpayers, and (2) court costs and expenses incurred in litigation against or auditing of such taxpayers. (iii) in the event that the municipal hotel occupancy tax rate is reduced from the current rate of 7% to 6%the term "base payment amount" shall be deemed to mean an amount of money equal to eighty-eight hundredths (88/100ths) of one sixth (1/6th) of the total hotel t tax revenue, as defined above, collected b the City during any relevant period of time (i.e. fiscal year, fiscal quarter, or calendar month), lass (1) such amounts incurred during such relevant period of time k for costs of collection of hotel taxes from taxpayers or auditing taxpayers for tax payment compliance, such collection and auditing costs to include fees paid to attorneys or other agents not in the regular employ of E i PAGE 2 1 t f r . x the City and which attorneys or agents effect collec- tion of the hotel tax from taxpayers or audit such taxpayers, and (2) court costs and expenses incurred in litigation against or auditing of such taxpayers. (b) The City shall pay to the Museum an amount of money equal to one hundred percent (100X) of the base payment amount for the period April 1, 1990 until September 30, 1990. 1 (c) The City shall pay to the Museum an amount of money equal to ninety eight percent (98X) of the base payment amount for the first (1st) full fiscal year of this contract, such fiscal year being October 1, 1990 to September 30, 1991. (d) The City shall pay to the Museum an amount of money equal to ninety five percent (95X) of the base payment amount for the second, third, and fourth (2nd, 3rd, and 4th) full fiscal years of this contract, such fiscal years being October 1, 1991 to September 30, 1992, October 1, 1992 to September 30, 1993, and October 1, 1993 to September 30, 1994 and for the period from- Sel •imber 30, 1994 to March 31, 1995. 1.j Dates of Payments to Museum. (a) The term "quarterly payments" shall mean payments by the City to the Museum of those amounts specified in 11.2 above as determined by the hotel tax revenue collected by the City dur- ing anj one fiscal quarter during the term of this Agreement. The + term 'monthly payments" shall mean payments by the City to the Museum of those amounts specified in 11.2 above as determined by the hotel tax revenue collected by the City during any one calen- dar month during the term of this Agreement. E (b) City shall pay the Museum the agreed payments speci- fied in 11.2 above quarterly. Each such quarterly payment shall be paid to the Museum on or before the forty-fifth (45th) day after the last day of such respective fiscal quarter for which such payment is due. (c) Should the City, by amendment to the Code of Ordi- nances of the City of Denton, require that the hotel tax be paid 7 on a monthly basis, the agreed payments by the City to the Museum specified in 11.2 above shall be paid monthly. Each such monthly payment shall be paid to the Museum on or before the forty-fifth 45th) day after the last day of such respective calendar month or which such payment is due. It. USE OF HOTEL TAX REVENUE BY MUSEUM 2.1 Use of Funds. For and in consideration of the payment by , the City to the Museum of the agreed payments of hotel tax funds j I PAGE 3 E I 7- 717 i, i f r specified above, the Museum agrees to use such hotel tax funds only for the purpose of 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 museums located in the City of Denton or its vicinity that would be fre- quented by tourists, convention delegates, or other visitors to the City of Denton, as authorized by TEX. TAX CODE 1351.101 y,w (a)(5). 2.2 Administrative Costs. The hotel tax funds received from the City by the Museum may be spent for day-to-day operations, supplies, salaries, office rental, travel expenses, and other administrative costa that are incurred directly in the perfor- mance by the Museum of those activities specified in 12.1 above. 2.3 Specific Restrictions on Use of Funds. (a) That portion of total administrative costs of the Museum for which hotel tax funds may be used shall not exceed- i that portion of the Museum's administrative costs actually in- curred in conducting the activities specified in 12.1 above. i (b) Hotel tax funds may not be spent for travel for a person to attend an event or conduct an activity the primary purpose of which is not directly related to the promotion of tourism and the convention and hotel industry or the performance ' of the person's job in an efficient and professional manner. i f III. RECORD KEEPING AND REPORTING REQUIREM WS 3.1 Budget. (a) On or before July 31st of each calendar year during the term of this Agreement, the Museum shall prepare and submit 3 to the City Manager of the City an annual budget for the next ensuing fiscal year of this Agreement for the Museum. The City # r' I shall not pay to the Museum any agreed payments or hotel tax funds during any fiscal year of this Agreement unless such budget for such respective fiscal year has been approved in wr£tiug by the Denton City Council. (b) The Museum acknowledges that the approval of such budget by the Denton City Council creates a fiduciary duty in the Museum with respect to the hotel tax funds paid by the City to the Museum under this Agreement. The Museum shall expend hotel tax funds only in the manner and for the purposes specified in the budget as approved by the City. I i PAGE 4 J i y" N 3.2 Separate Accounts. The Museum shall maintain any hotel tax funds paid to the Museum by the City in a separate account or accounts established for such purpose and may not commingle such hotel tax funds with any other money or maintain such hotel tax funds in any other account. 3.3 Financial Records. The Museum shall maintain complete and accurate financial records of each expenditure of the hotel L tax funds made by the Museum and, upon request of the Denton City Council or the City's Executive Director of Finance or his designee, shall make such financial records available for inspection and review by the Denton City Council or the City's Executive Director of Finance or his designee. 3.4 Quarterly Reports. The Museum shall furnish to the City a report of the services performed by the Museum under this Agreement within thirty (30) days after the and of each fiscal quarter of this Agreement. Such report shall summarize the activities of the Museum in performance of the activities apeei- fled in 12.1 and 12.2 above and the receipt of the agreed payments' and expenditure of the hotel tax funds received by the Museum from the City. 3.5 Notice of Meetings. The Museum shall give the City Manager of the City advance written notice of the time and place of general meetings of the Museum's Board of Directors. Such notice shall be given in the same manner and at the same time as notice is given of such meetings to members of such board. This provision shall not be deemed to require the Museum to admit the City Manager to any executive session of the Executive Committee of the Museum. i s a IV. REIMDURSEMENT AND INDEMNIFICATION i 4.1 Ro%imbursement of Museum for Administrative Costa. In the event that this Agreement is terminated pursuant to Section 5.2(a), the City agrees to reimb,::se the Museum for any and all expenses and costs undertaken by the Museum in performance of those activities specified in 12.1 above or expenses or costs in- curred by the Museum as described in 12.2 above. The City is obligated to reimburse the Museum for expenses and costs as described in 102.2 above only for the period commencing upon the date notice of termination is given and ending upon the date of termination. Further, this obligation shall be limited to the lesser of the actual expenses and costa incurred by the Museum j during the one hundred eighty day period preceding termination or the agreed payments otherwise due and payable to the Museum for such period. PAGE 5 E s(a Y ~ a Y. r 4.2 Reimbursement of Museum for Contractual Obligations. In the event that this Agreement is terminated pursuant to Section 5.2(a), the City agrees to reimburse the Museum for any and all contractual obligations of the Museum undertaken by the Museum in performance of those activities specified in 92.1 above, condi- tioned upon such contractual obligations having been incurred and r entered into in the good faith performance of those activities t contemplated in 92.1 above, and further conditioned upon such art contractual obligations having a term not exceeding the full term of this Agreement. Notwithstanding any provision hereof to the contrary, the obligation of the City to reimburse the Museum for or under any contractual obligations of the Museum for or under f any contract entered into by the Museum as contemplated herein shall not exceed TWO THOUSAND DOLLARS ($2,000.00). Such monetary h limitation is cumulative of all contractual obligations and shall ` not be construed as a monetary limitation on a per contract basis. f 4.3 Payment of Reimbursement to Museum. (a) With respect to expenses and costs incurred by the { Museum for which the City is obligated to reimburse the Museum pursuant to 114.1 above, the City shall pay stiah reimbursement s amount due, if any, to the Museum on or before the forty-fifth (45th) day after the date of termination of this Agreement. In the event that the agreed payments are such paid monthly pursuant ? to 91.3 (c) above, the City shall pay reimbursement amount to the Museum on or before the forty-fifth (45th) day after the last day of such respective calendar month in which this Agreement is terminated. i (b) With respect to contractual obligations undertaken by the Museum for which the City is obligated to reimburse the Museum for as provided in Q4.2 above, the City shall reimburse the Museum for such monetary obligations required in such con- tractual obligation in such amounts and at those times such con- tractual costs and expenses are due and payable according to the terms of such contract limitation set forth in 94.2 above. j _ 4.4 Indemnification. The Museum agrees to indemnify, hold harmless, and defend the City, its officers, agents, and employees from and against any and all claims or suits for injuries, damage, lose, or liability of whatever kind or character, arising out of or in connection with the performance by the Museum of those services contemplated by this Agreement, including all such claims or causes of action based upon common, constitutional or statutory law, or based, in whole or in part, upon allegations of negligent or intentional acts of Museum, ita officers, employees, agents, subcontractors, licensees and invitees. PAGE b I 1 5+"h N 1 14 i i M V. TERM AND TERMINATION 5.1 Term. The term of this Agreement shall be for five (5) years, commencing April 1, 1990 and terminating at midnight on March 31, 1995. This term shall be comprised of an initial period of six (6) months and subsequent four (4) fiscal years, each fiscal year constituting the period from October 1 of a calendar year to the next ensuing September 30, and a final period of six months ending on March 31, 1995. 5.2 Termination. i ' (a) This Agreement may be terminated by either party by s giving the other party one hundred eighty (180) days' advance written notice. t (b) This Agreement shall automatically terminate upon the occurrence of any of the following events: (i) The termination of the corporate existence of the Museum; (ii) The insolvency of the Museum, the filing i of a petition in bankruptcy, either vol- untarily or involuntarily, or an assign- ment by the Museum for the benefit of creditors; or (iii) The continuation of a breach of any of the terms or conditions of this Agreement C by either the City or the Museum for more than thirty (30) days after written notice of such breach is given to the breaching i party by the other party. 1 i 1 VI. GENERAL PROVISIONS a 6.1 Subcontract for Performance of Services. Nothing in this f Agreement shall prohibit, nor be construed to prohibit, the E agreement by the Museum with another private entity, person, or organization for the performance of those services described in 42.1 above. In the event that the Museum enters into any ar- rangement contractual or otherwise, with such entity, person or organization, the Museum shall cause such other entity, person, or organization to adhere to, conform to, and be subject to all provisions, terms, and conditions of this Agreement and TEX. TAX CODE Chap. 351, including reporting requirements, separate funds maintenance, and limitations and prohibitions pertaining to ex- penditure of the agreed payments and hotel tax funds. i 6.2 Independent Contractor. The Museum shall operate as an i PAGE 7 r . P,. kh t independent contractor as to all services to be performed under this Agraement and not as an officer, agent servant, or employee of the City. The Museum shall have exclusive control of its operations and performance of services hereunder, and such per- sons, entities, or organizations performing the same and the Museum shall be solely responsible for the acts and omissions of its directors, officers, employees, agents, and subcontractors. The Museum shall not be considered a partner or joint venturer with the City, nor shall the Museum be considered nor in any o=s manner hold itself out as an agent or official representative of the City. 63 Assignment. The Museum shall not assign this Agreement without first obtaining the written consent of the City. 6.4 Notice. Any notice required to be given under this Agreement or any statute, ordinance, or regulation, shall be effective when given in writing and deposited in the United States mstl, certified mail, return receipt requested, addresavi to the respective parties as follows: City: Museum City Manager Chair, Hoard of Trustees City of Denton Denton County Historical Museum 215 E. McKinney 110 W. Hickory Denton, TX 76201 Denton, TX 76201 6.5 Inurement. This Agreement and each provision hereof, and each and every right, duty, obligation, and liability set forth herein shall be binding upon and inure to the benefit and obli- gation of the City and the Museum and their respective successors k and assigns. 6.6 Application of Laws. All terms, conditions, and provi- sions of this Agreement are subject to all applicable federal laws, state laws, the Charter of the City of Denton, all ordi- nancee passed pursuant thereto, and all judicial dstetninations relative thereto. 6.7 Exclusive Agreement. This Agreement contains the entire ! understanding and constitutes the entire agreement between the parties hereto concerning the subject matter contained herein. There are no representations, agrAoments, arrangements, or under- standings, oral or written, express or implied, between o among the parties hereto, relating to the subject matter of this agree- f Mont, which are not fully expressed herein. The terms and condi- tione of this Agreement shall prevail notwithstanding any variance in this Agreement from the terms and conditions of any other document relating to this transaction or these transactions. i PAGE g i i I!l[ 4 V X01. lM 6.8 Duplicate Originals. This Agreement is executed in duplicate originals. k 6.9 Headings. The headings and subheadings of the various sections and paragraphs of this Agreement are inserted merely for the purpose of convenience and do not express or imply any limi- tation, definition, or extension of the specific terms of the a section and paragraph so designated. EXECUTED this ` day of , 1990. t THE CITY OF DENTON, TEXAS By: Ray Stephens, Mayor ATTEST: APPROVED AS TO LEGAL FORK: By: By: Jennifer a tern, ra am ayov C TI EE City Secretary City Attorney I DENTON COUNTY HISTORICAL MUSEUM r By, ota aug n, Chair Board of Trustees ATTEST: APPROVED AS TO LEGAL FORM: By: secretary By: ae' Ed W. as, t ornay E PAGE 9 i i' 7 R' Hill III III I'm Ifulilifirl 1 rl. i 9 `r ' i { ~ I 1 ~ v I ME= p ~ i 9 i lzl= S t i I , a a 1 a -1 ]Ell { will t' M l i• r a ORDINANCE NO. E f 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 fk EFFECTIVE DATE. ! THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS= SECTION-LL That the Mayor is hereby authorized to execute an ' a reement between the City of Denton and the Denton County Historical Foundation for the payment and use of hotel tax revenue, f under the terms and conditions contained in the agreement, a copy of which is attached hereto and made a part hereof. j SECTION 11, That the City Council hereby authorizes the expenditure of funds as set forth in the agreement. i SECTION III. That this ordinance shall become effective immediately upon its passage and ap'proval. PASSED AND APPROVED this the _ day of , 1990. RAY STEPHENS, MAYOR ATTESTI JENNIFER NALTERS, CITY SECRETARY i BYt , APPROVED AS TO LEGAW FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BYs ~4 DCHF.ord { i 1 u i 2928L i AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON COUNTY HISTORICAL FOUNDATION ` PROVIDING FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE THIS AGREEMENT made between the City of Denton, Texas, a muni- cipal corporation (the "City"), and the Denton County Historical Foundation, a non-profit corporation incorporated under the laws of the State of Texas (the "Foundation <n ash WHEREAS, TEX. TAX CODE §351,002 authorizes the City to levy by ordinance a municipal hotel occupancy tax ("hotel tax") not ex- ceeding seven percent (7%) of the consideration paid by a hotel occupant; and WHEREAS, by Ordinance 86-67, the City has provided for the assessryent and collection of a municippal hotel occupancy tax in the City of Denton of seven percent ('7%5 and WHEREAS, TEX. TAX CODE 1351.101 (a)(5) authorizes the City to use revenue from its municipal hotel occupancy tax to promote tourism and the convention and hotel industry by performing his- torical 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 museums at or in the immediate vicinity of con- vention center facilities, or located elsewhere in the municipality or its vicinity that would be frequented by tourists, convention delegates, or other visitors to the municipality; and 4 WHEREAS, the Foundation is well equipped to perform those r activities; and WHEREAS, TEX. TAX CODE 4351.101 (c) authorizes the City to delegate by contract with the Foundation as a private organization the management and supervision of programs and activities of the i type described hereinabove funded with revenue from the municipal hotel occupancy tax; i NOW, THEREFORE, in consideration of the performance of the mutual covenants and promises contained herein, the City and the Foundation agree and contract as follows: 1, HOTEL TAX REVENUE PAYMENT TO FOUNDATION 1.1 Consideration, For and in consideration of the activities to be performed by the Foundation under this Agreement, the City agrees to pay to the Foundation a portion of the hotel tax revenue collected by the City at the rates and in the manner specified herein (such payments by the City to the Foundation sometimes herein referred to as "the agreed payments" or "hotel tax funds"). i I i r~ 1,2 Amount of Payments to Foundation. (a) As used in this agreement, the following terms shall have the following specific meanings; (i) The "hotel tax revenue" shell mean the monies col- lected and received by the City during any relevant period of time (i.e., fiscal year, fiscal quarter, or calendar month) as municipal hotel occupancy tax at the rate of seven percent (7%) of the price paid for a room in a hotel, pursuant to TEX. TAX CODE $351.002 j and City Ordinance 86-87, together with and including any sums of money received by the City from taxpayers during any relevant fiscal quarter or calendar month as attorney's fees, court costs, or other expenses of r collection of hotel t", but excluding interest and penalties received by the City from taxpayers. (ii) The term "base payment amount" shall mean an amount of money equal to twelve hundredths (12/100ths) of one seventh (1/7th) of the total hotel tax revenue collected by the City during any relevant period of time (i.e. fiscal year, fiscal quarter, or calendar month), less (1) such amounts incurrei during such relevant period of time for coots of col lection of 1 hotel taxes from taxpayers or auditing tax payers for tax payment compliance, such collection and auditing ? costs to include fees paid to attorneys or other agents j not in the regular empl,)y of the City and which I attorneys or agents effect collection of the hotel tax from taxpayers or audit such taxpayers, and (2) court costs and expenses incurred in litigation against or auditing of such cet,,:.aycre. r (iii) In the cve`1t th9t L%e municipal hotel occupancy tax rate is reduced ftow she current rate of 7% to 6%, the term "base pay,,-,:;,t amount" shall be deemed to mean an amount of money equal to twelve hundredths (12/100ths) of one sixth (1/6th) of the total hotel tax revenue, as defined above, collected by the City during auy relevant period of time (i.e. fiscal year, fiscal quarter., or calendar month), less (1) such amounts incurred during such relevant period of time for coats of collection of hotel taxes from taxpayers w or auditing taxpayers for tax payment compliance, such collection and auditing costs to include fees paid to attorneys or other agents not in the regular employ of the City and which attorneys or agents effect collec- tion of the hv*G: !ax from taxpayers or audit such taxpayers, and (2) court costs and expenses incurred in litigation against or auditing of such taxpayers. PAGE 2 M ~ (b) The City shall pay to the Foundation an amount of money equal to one hundred percent (100X) of the base. payment amount for the period April 1, 1990 until September 30, 1190. I` (c) The City shall pay to the Foundation an amount of money equal to ninety eight percent (98X) of the base payment amount for the first (lat) full fiscal year of this contract, such fiscal year being October 1, 1990 to September 30, 1991. r Sic (d) The City shall pay to the Foundation an amount of money equal to ninety five percent (95X) of the base payment amount for the second, third, and fourth (2nd, 3rd, and 4th) full fiscal years of this contract, such fiscal years being October 1, 1991 to September 30, 1992, October 1, 1992 to September 30, 1993, and October 1, 1993 to September 30, 1994, and for the a period from September 30, 1994 to March 31, 1993. 1.3 Dates of Payments to Foundation. (a) The term " quarterly payments" shall mean payments by the City to the Foundation of those amounts specified in 111.2 above as determined by the hotel tax revenuo collected by the i City during any one fiscal quarter during the term of this 3 Agreement. The term "monthly payments shall mean payments by the City to the Foundation of those amounts specified in 11.2 ; above as determined by the hotel tax revenue collected by the l City during any one calendar month during the term of this Agreement. (b) Citq shall pay the Foundation the agreed payments specified in 111.2 above quarterly. Each such quarterly payment shall be paid to the Foundation on or before the forty-fifth 1 j (45th) day after the last day of such respective fiscal quarter for which such payment is due. (c) Should the City, by amendment to the Code of Ordi- nances of the City of Denton, require that the hotel tar be paid I on a monthly basis, the agreed payments by the City to the 17o,.an- ! dation specified in 11.2 above shall be paid monthly. Each is sch monthly M'Sent shall be paid to the Foundation on or before :he forty-fifth (45th) day after the last day of such raspect -.ve calendar month for which such payment is due. II. USE OF HOTEL TAX REVENUE BY FOUNDATION 2.1 Use of Funds. For and in consideration of the payment by k the City to the Foundation of the agreed payments of hotel tax j funds specified above, the Foundation agrees to use such hotel tax funds only for the purpose of performing historical restor- ation and preservation projects or activities or advertising and j i ! PAGE 3 i {1 ~pMiJ ~ 1~ W 1tu'K C A a J ( 1 conducting solicitations and promotional programs to encourage y 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 TEX. TAX CODE 11351.101 (a)(5). 2.2 Administrative Coats. The hotel tax funds received from the City by the Foundation may be spent for day-to-day operations, supplies, salaries, office rental, travel expenses, and other administrative costs that are incurred directly in the performance 1 by the Foundation of those activities specified in 42.1 above. 2.3 Specific Restrictions on Use of Funds. (a) That portion of total administrative costs of the Foundation for which hotel tax funds may be used shall not exceed that portion of the Foundation's administrative costs actually incurred in conducting the activities specified in A2.1 above. j i (b) Hotel tax funds may not be spent for travel for a person to attend an eve,At or conduct an activity the primary purpose of which is not directly related to the promotion of s tourism and the convention and hotel industry or the performance of the person's job in an efficient and professional manner. 111. RECORD KEEPING AND REPORTING REQUI MUMS r 3.1 Budget. I (a) On or before July 31st of each calendar year during the term of this Agreement, the Foundation shall prepare and submit to the City Manager of the City an annual budget for the next ensuing fiscal year of this Agreement for the Foundation. The City shall not pay to the Foundation any agreed payments or hotel tax funds during any fiscal year of this Agreement unless such budget for such respective fiscal year has boon approved in writing by the Denton City Council. (b) The Foundation acknowledges that the approval of such budget by the Denton City Council creates a fiduciary duty in the Foundation with respect to the hotel tax funds paid by the City to the Foundation under this Agreement. The Foundation shall expend hotel tax funds only in the manner and for the purposes specified in the budget as approved by the City. 3.2 Separate Accounts. The Foundation shall maintain any hotel tax funds paid to the Foundation by the City in a separate account or accounts established for Such purpose and may not PAGE 4 I 1 r R commingle such hotel tax funds with any other money or maintain such hotel tax funds in any other account. 3.3 Financial Records. The Foundation shall maintain com- plete and accurate financial records of each expenditure of the j hotel tax funds made by the Foundation and, upon request of the oDernhton City designee, lcshall make such financial records tavailable Finance inspection and review by the Denton City Council or the City's Executive Director of Finance or his designee. 3.4 Quarterly Reports. The Foundation shall furnish to the City a report of the services performed by the Foundation under this Agreement within th4rty (30) days after the end of each the activities fftheiFo Foundation in performance report of the lacsumarize tivities specified in 102.1 and 42.2 above and the receipt of the agreed payments and expenditure of the hotel tax funds received by the Foundation from the City. 3.5 Notice of Meetings. The Foundation shall give the City Manager of the City advence written notice of the time and place of general meetings of like Foundation's Board of Directors. Such notice shall be given in the same manner and at the same time as notice is given of such meetings to members of such board. This provision shall not be deemed to require the Foundation to admit the City Manager to any executive session of the Executive Committee of the Foundation. IV. REIMBIIRSFIMENT AND INDEMNIFICATION 4.1 Rainburseaent of Foundation for Adainistrative Costs. In the event that this Agreement is terminated pursuant to Section 5.2(a), the City agrees to reimburse the Foundation for any and all expenses and costs undertaken by the Foundation in performance of those activities specified in 42.1 above or expenses or costa incurred by the Foundation as described in 42.2 above. The City is obligated to reimburse the Foundation for expenses and costs as described in 42.2 above only for the period commencing upon the date notice of termination is given and ending upon the date of termination. Further, this obligation shall be limited to the lesser of the actual expenses and costs incurred by the Foundation during the one hundred eighty day period preceding termination or the agreed payments o.herwise due and payable to the Foundation for such period. 0 4.2 Reiabureement of Foundation for Contractual Obligations. In the event that this Agreement is terminated pursuant to Section 5.2(a), the City agrees to reimburse the Foundation for any and r: i' r PAGE 5 E uNnl~ 4 1 f all contractual obligations of the Foundation undertaken by the { Foundation in performance of those activities specified in 42.1 above, conditioned upon such contractual obligations having been incurred and entered into in the good faith performance of those activities contemplated in 42.1 above, and further conditioned upon such contractual obligations having a term not exceeding the ,f full term of this Agreement. Notwithstanding any provision hereof to the contrary, the obligation of the City to reimburse the Foundation for or under any contractual obligations of the Foun- dation for or under any contract entered into by the Foundation as contemplated herein shall not exceed TWO THOUSAND DOLLARS ($2,000.00). Such monetary limitation is cumulative of all con- tractual obligations and shall not be construed as a monetary limitation on a per contract basis. 4.3 Payment of neinbursesent to Foundation. (a) With respect to expenses and costa incurred by the Foundation for which the City is obligated to reimburse the Foundation pursuant to 44.1 above, the City shall pay such rein- bursement cmount due, if any, tc the Foundation on or before the forty-fifth (45th) day after the date of termination of this Agreement. In the event that the agreed payments are such paid monthly pursuant to 111.3 (c) above, the City shall pay reimburse- ment amount to the Foundation on or before the forty-fifth (45th) day after the last day of such respective calendar month in which i this Agreement is terminated. 2 r J (b) With respect to contractual obligations undertaken by the Foundation for which the City is obligated to reimburse the Foundation provided in 44.2 above, the City shall reimburse the Foundation for the contractual costs, and monetary obligations required in such contractual obligation in such amounts and at those times such contractual coats and expenses are due and payable according to the tect4e of such contract limitation set forth in 44.2 above. 4.4 Indesmification. The Foundation agrees to indemnify, hold harmless, and defend the City, its officers, agents, and em loyees from and against any and all claims or suits for in}uries, damage, loss, or liability of whatever kind or char- acter, arising out of or in connection with the performance by the Foundation of those services contemplated by this Agreement, including all such claims or causes of action based upon common, constitutional or statutory law, or based, in whole or in part, upon allegations of negligent or intentional acts of Foundation, its officers, employees, agents, subcontractors, licensees and invitees. PAGE 6 I yflfN r !J p ~ 7G ~ f V. TERM AND TERMINATION 5.1 Term. The term of this Agreement shall be for five (5) years, commencing April 1, 1990 and terminating at midnight on March 31, 1995. This term shall be comprised of an initial 'y6' period of six (6) months and subsequent four (4) fiscal years, each fiscal year constituting the period from October 1 of a I calendar year to the next ensuing September 30, and a final period of six months ending on March 31, 1995. 5.2 Termination. (a) This Agreement may be terminated by either party b giving the other party one hundr e ed eighty written notice. (180) days advance I (b) This Agreement shall automatically terminate upon the occurrence of any of the following events: ti 1 (i) The termination of the corporate existence of the Foundation; (ii) The insolvency of the Foundation, the i filing of a petition in bankruptcy, 1 either voluntarily or involuntarily, or an assignment by the Foundation for the benefit of creditors; or a (iii) Tha continuation of a breach of any of the terms or conditions of this Agreement d by either the City or the Foundation for more than thirty (30) days after written ' notice of such breach is given to the 1 I breaching party by the other party. VI. GENERAL PROVISIONS 6.1 SubcontXL;;c for Perforunce of Services. Nothing in this Agreement shall prohibit, nor be construed to prohibit, the oagreement organization eforFoundation performanceo of rthose aservicesentity, described in 92.1 above. In the event that the Foundation enters into any arrangement, contractual or otherwise, with such entity, person or organization, the Foundation shall cause such other entity, person, or organization to adhere to, conform to, and be subject t to all provisions, terms, and conditions of this Agreement and TEX. TAX CODE Chap. 351, including reporting requirements, sepa- rate funds maintenance, and limitations and prohibitions pertain- ing to expenditure of the agreed payments and hotel tax funds. 6.2 Independent Contractor. The Foundation shall operate as 1 I PAGE 7 .r..r i F' i f { 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 and performance of services hereunder, and such persons, entities, or organizations performing the same and the Foundation shall be solely responsible for the acts and omissions I of its directors, officers, employees, agents, and subcontractors. h The Foundation shall not be considered a partner or joint venturer with the City, nor shall the Foundation be considered nor in any manner hold itself out as an agent or official representative of the City, 6.3 Assignment. The Foundation shall not assign this Agree- ment without first obtaining the written consent of the City. 6.4 Notice. Any notice required to be given under this Agreement or any statute, ordinance, or regulation, shall be effective when given in writing and deposited in the United States mail, certified mail, return receipt requested, addressed to the respective parties as follows: City: Foundation City Manager Chair, Board of Trustees City of Denton Denton County Historical Foundation f 215 E. McKinney P.O. Box 2184 I j Denton, TX 76201 Denton, TX 76202 I w ~ f 6.5 Inurement. This Agreement and each provision hereof, and each and every right, duty, obligation, and liabil+.ty set forth 1 herein shall be binding upon and inure to the benefit and obli- gation of the City and the Foundation and their respective successors and assigns. 6.6 Application of Laws. All terms, conditions, and provi- j sions of this Agreement are subject to all applicable federal 3 laws, state laws, the Charter of the City of Denton, all ordi- nances passed pursuant thereto, and all judicial determinations relative thereto. 6.7 Exclusive Agreement. This Agreement contains the entire understanding and constitutes the entire agreement between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or under- standings, oral or written, express or implied, between or among the parties hereto, relating to the subject matter of this agree- ment, which are not fully expressed herein. The terms and condi- tionr of this Agreement shall prevail notwithstanding any variance in this Agreement from the terms and conditions of any other document relating to this transaction or these transactions. I PAGE 8 ~II 7T in ♦~yy...J ■NS 1 N 1 E' i .a Y r v 1 6.8 Duplicate Originals. This Agreement is executed in w duplicate originals. 1 6.9 Headings. The headings and subheadings of the various sections and paragraphs of this Agreement are inserted merely for the purpose of convenience and do not express or imply an limi- tation, definition, or extension of the specific terms of the section and paragraph so designated. EXECUTED this day of , 1990. THE CITY OF DENTON$ TEXAS s By., Ray tep ei:s, mayor I ATTEST: APPROVED AS TO LEGAL FORMi I By: By, enn er a ere, a ra am rayov tc , { f City Secretary City Attorney DENTON COUNTY HISTORICAL FOUNDATION By: Chairman Board of Directors ATTEST: APPROVED AS TO LEGAL FORH; By: By.. Secretary '5av'iu es, Atforney I { ~ t i PAGE 9 1 ' ~ r tY ~ i rI 1 r.;,... 1 T ~ ' 1 14 ~ 1r r1I ~ I ' I f Y it i~ ' 1 ~ I I it 1r I i I ik ~ 1 ~ ~ i 1 I I~ I Fc #%3. F CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd Y. Harrell, City Manager SUBJECT: Prohibiting the parking of vehicles on both r sides of Bonnie Brae street, from old Bonnie Brae street to U.S. Highway 77 l RECOMMENDATION: Apprcval SUMMARY: This is tte newly widened section of Bonnie Brae. The few businesses and residences in the area all have adequate on-site parking. Any parking on this section of Bonnie Brae will G constitute an obstruction to thru-traffic and will decrease y street capacity. BACKGROUND: From old 3onnie Brae to Riney Road is 4-lane undivided with no shoulders and from Riney to Hwy 77 is 2-lane undivided with no shoulder. PROGRAMS, DEPARTMENTS, OR GROUPS AFFECTED: Traveling public FISCAL IMPACT: Smoother and safer flow of traffic I f 3 0773E i { ff t f f ' 1 S I 1 49 w ' Ir ~ ~ Ff CTSSC MEMO. January 31, 1990 page 5 r ; Y ITEM 410 REQUEST FOR NO PARKING ON BONNIE BRAE FROM OLD BONNIE BRAE TO HWY 771 Staff is requesting an ordinance for No Parking on both sides of Bonnie Brae from Old Bonnie Brae to Hwy 77, This is the newly widened section of Bonnie Brae. From old Bonnie Brae to Riney Road is 4-lane undivided with no shoulders and from Riney to Hwy 77 is 2-lane undivided with no shoulder. Any parking on this section of Bonnie Brae will constitute an obstruction to thru-traffic and will decrease street capacity- The few businesses and residences in the area all have adequate on-site parking. Staff recommends approval. 10824E J a t I , J r E f 4' Fir Y 0 CTSSC MINUTES February 5, 1990 e page 7 t ITEM /10 REQUEST FOR NO PARKING ON BONNIE BRAE FROM OLD BONNIE BRAE TO HWY 77i If F j Paul. Iwuchukwu presented the request. He said staff was requesting an ordinance for 'NO Parking' on both cider of Bonnie Brae from Old 6 Bonnie Brae to H*wy 714 This is the newly widened section of Bonnie Brae. From old Bonnie Brae to Riney Road is 4-lane undivided with no shoulders and from Riney to Hwy 77 is 2-lane undivided with no shoulder. Any parking on this section of Bonnie Brae will ` constitute an obstruction to thru-traffic and will decrease street capacity. The few taeinesses and residences in the area all have adequate on-site parking. j STAFF RECOMMENDEDt Approval COMMISSIONERSi Alice Gore made a motion to accept staff recommendation. Doug Chadwick seconded the motion. Motion passed unanimously. 4 f 0824E } i i i i 4 r i k- 1 WSfA~ M~• 1 } AIM r 2911L . NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING THE PARKING O F VEHICLES ON BOTH SIDES OF BONNIE BRAE STREET, FROM OLD BONNIE STRE BRAE HIGHWAY PROVIb NG EA PENALTY N T TO EXCEED OTWOI SEVERA DOLBLARS;Y AND UDE- CLARING AN EFFECTIVE DATE, r THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: i SECTION I. When signs are erected giving notice thereof, no person e a perk a vehicle at anytime upon the following street or portion thereof, in the City of Denton, to-wit: Both sides of Bonnie Brae Street, from Old Bonnie Brae Street to U.S. Highway 77. SECTION II. That if any section, subsection sentence cause Paragraph, ~ , phrase or word in this ordinance, or applica- tion 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, j+ and the City Council of the City of Denton, Texas, herebq declares it would have enacted such remaining portions despite any such invalidity. SECTION III. Any person who shall violate a provision of this or Hance, or fails to comply therewith or with any of the requirements thereof, or of a permit or certificate issued thereunder, shall be guilty of a misdemeanor punishable by a fine not exceeding Two Hundred Dollars ($200.00). Each such person shall be deemed guilty of a separate offense for each and { every day or portion thereof during which any violation of this suchnviolationsmsuch person shall be punish ed within the limits r above. 1 SECTION IV. That this ordinance shall become effective j fourteen eys 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 4 (10) days of the date of its passage. I it 00 S i d ' f ! i 1 E PASSED AND APPROVLD this the day of , 1990, i ti RAY EPHE , I ATTEST. Y APPROVED AS TO LEGAL FORM; DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY C I f I) I i PAGE 2 4 ~..........._,u....... j 1 .01 1 Q 10 ~I\ t Y ■ f MCI 1 CAN mg IMF ~t y s 40 o ♦1 ,1 z ~1 Zi Li 0 0® e Y, r w lam- aml I I 1 i i { F ~ i I j r 4 i Y J 1 ~ i A 4 i J I 1 I i J s 5t CITY COUNCIL REPORT FORMAT i TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT; j Prohibiting the parking of vehicles on both sides of Acme Street, from U.S. Highway 377 to 1 Bernard Street # 1 a RECOMMENDATION; Approval SUMMARY: Staffs recommends approval because except for two houses near Bernard (both have frontage and parking on Bernard), the entire { street has business frontage. 1 BACKG` ROUND; Reconstruction of this street is about to be completed as part o f the City of Dentons Street Bond Issue. The design section ck of concernsain that curb to is 2S' were k adof curb. Access and dressed through personalicontact and negotiation with the owners. PROGRAMS, DEPARTMENTS, OR GROUPS AF~TED: { Businesses, utility, sanitation services, and the traveling public FISCAL IMPACT: T both o insure safety, Acme street needs to have parkin )g removed on i also (enofunrth and Piggly his Is Wiggly 1 and Payless. Y s i 0773E i i I~ r ~ J y*}y(~A~Y owl v ~~rws Y L M] ) CTSSC MEMO January 31, 1990 eF f page 2 ITEM 43 NO PARKING ON ACME STREET FROM US 377 TO BERNARD STREET: Reconstruction of this street is about to be completed as part of j the City of Denton$ Street Bond Issue. The design section is 25' back of curb to back of curb. Except for two houses near Bernard (both have frontage and parking on Bernard), the entire street has } business frontage. Access and parking concerns in that area were addressed through personal contact and negotiation with the owners. To insure safety, Acme street needs to have parking removed on both sides (north and south from US 377 to Bernard). This is also how IS Acme functions across US 377 in front of Piggly wiggly and Payless. } Staff recommends approval. a 0824E 1, w n, CTSSC MINUTES February 5, 1989 page 3 i y ITEM #3 NO PARKING ON ACME STREET FROM US 377 TO BERNARD STREET: Jerry Clark presented the request. Fie said reconstruction of the street is complete. The design section is 25' back of curb to back { of curb, Except for two houses near Bernard (both have frontage and ( parking on Bernard), the entire street has business frontage. Access and parking concerns in that area were addressed through personal contact and negotiation with the owners. i To insure safety, Acme street needs to have parking removed on both sides (north and south from US 377 to Bernard). This is also how Acme functions across US 377 in front of Piggly Niggly and Payless. STAFF RECOMMENDED: Approval E COMMISSIONERS: Alice Gore made a motion to accept staff recommendation, y ~ 3 Marilyn Smith seconded the motion. Motion passed unanimous ! 1Y. 0821E j I ' i i j i r i l i r i f r N F 3 LI = ~ F+o Mw.klraCs AC. rM6 f No rAAwMG s f i ~ Z m ' Ho PI►fsN" oN AC.MR tT `iTWiLN PM~.T wda7N DR1v: MJ~ ass.!-1..~.D sTgsl.T i I I 4 r j i i Z S ' 2910L NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING THE PARKING OF VEHICLES ON BOTH SIDES OF ACME STREET, FROM U.S. HIGHWAY 377 TO BERNARD STREET; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PEN- ALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: f I SECTION I. When signs are erected giving notice thereof, no person shall park a vehicle at anytime upon the following street or portion thereofo in the City of Denton, to-wi t. Both sides of Acme Street, from U.S. Highway 377 to Bernard Street. SECTION II. That if any section, subsection, paragraph, sentence, Tause, phrase or word in this ordinance, or applica- tion thereof to any person or circumstance is held invalid by s any court of competent jurisdiction, ouch holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION III. Any person who shall violate a provision of this ordinance, or fails to comply therewith or with any of the requirements thereof, or of a permit or certificate issued thereunder, shall be guilty of a misdemeanor punishable by a fine not exceeding Two Hundred Dollars ($200.00). Each such a person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of this { ordinance is committed, or continued, and upon conviction of any f i such violations such person shall be punished within the limits above. ; SECTION IV. That this ordinance shall become effective fourteen t14) d ays from the date of its passage, and the City i Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, k the official newspaper of the City of Denton, Texae, within ten (10) days of the date of its passage. k g$ I 7"l 4 I I PASSED AND APPROVED this the day of + 1990. H f ATTEST: APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY i BY II1 CC f 1 I PAGE 2 f Y A Jill Ertl I 44 1 ' w i ~ f t i JAINI]Iilmglllff 1 4 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council ' FROM: Lloyd V. Harrell, City Manager SUBJECT: Prohibiting parking of vehicles on both aides E of Tom Cole Road from a point 500 feet East of t Masch Branch Road to a point 500 feet west of Masch Branch Road RECOMMENDATION: Approval SUMMARY: Staff recommends approval of no parking on both sides of Tom Cale Road within the Denton Municipal Airport right-of-way, BACKGROUND: This section of Tom Cole lies within the airport clear zone, the approach direction of inbound airplanes. Citizens, mostly youths, who come to watch airplanes take off and land, often park their vehicles there, eat and drink and litter the area. The police have been called several times but because there is no ordinance, there is no means of effectively stopping this practice. PROGRAMS, DEPARTMENTS, OR GROUPS AFFECTED: Citizens, police, and fire departments FISCAL IMPACT: Safety of citizens and pilots I 0773E i a i i I f 1 s 1 4 Citizen's Traffic Study Commission 'OP4 November 1, 1989 r Page 2 ITEM E3 REQUEST FOR 'NO PARKING' ON TOM COLL ROAD: Joe Thompson, Airport Manager for the Denton Municipal Airport, is requesting an ordinance for 'No Parking' on the section of Tom Cole Road that lies within the airport right-of-way. This section of Tom Cole lies within the airport clear zone, the approach direction of inbound airplanes. Joe said that citizens, mostly youths, who come 4 to watch airplanes take off and land, often park their vehicles 4 there, eat and drink and litter the area. The police have been called in several times but because there is *.o ordinance, there is no means of effectively stopping this practice. Also, this is one of the most dangerous areas of the airport since it is right in the E approach zone of landing airplanes and should any mishap occur, it is the most likely area to be endangered. Hence, the need to keep it as free of hLxaa beings as possible. ? i Staff recommends approval for no parking on both sides of Tom Cole Road within the Denton Municipal Airport right-of-way. t 0788E X k I` 1 i i~ 1 I i 4 P 4{ a~ 4 R l CTSSC MINUTES November 6, 1989 page 6 ITEM f3: REQUEST FOR 'NO PARKING' ON TOM COLE ROAD; 1 - Faul Iwuchukwu presented the request. He said Joe Thompson, Airport Manager for the Denton Municipal Airport, requested an ordinance for 'No Parking' on the section of Tom Cole Road that lies within the airport right-of-way. This section of Tom Cole lies within the airport clear zone, the approach direction of inbound airplanes. Joe said that citizens, mostly youths, who come to watch airplanes take off and land, often park their vehicles there, eat and drink and litter the area. The police have been called in several times but because there is no ordinance, there is no means of effectively stopping this practice. Also, this is one of the most dangerous areas of the airport since it is right in the approach zone of landing airplanes and should any mishap occur, it is the most likely area to be endangered. Hence, the need to keep it as free of human ' beings as possible. Graham asked Captain Dotson if this would cause any problems for the Police Department. Dotson said it would actually assist them. Gore said this was a dangerous place. She had witnessed a plane crash on Tom Cole Road. STAPP RECOMMENDED; Approval COMMISSIONERS: Doug Chadwick made a motion to accept staff recommendation. David Graham seconded the motion. Motion passed unanimously. Ol4BE 34 r ] t I E i i i +I j g i ~ u t ` If not 60 (r f f ~ f w f , W i lbol oil NMI ~ L y NNN~H.wN• 0000 ~p t t all J F.CM r 2912L t NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING THE PARKING OF VEHICLES ON BOTH SIDES OF TOM COLE ROAD, FROM A POINT 500 FEET EAST OF MASCH BRANCH ROAD TO A POINT 500 FEET WEST OF MASCH BRANCH ROAD; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. When signs are erected giving notice thereof, no person sFiaTl park a vehicle at anytime upon the following street or portion thereof, in the City of Denton, to-wit: Both sides of Tom Cole Road, from a point 500 feet east of Masch Branch Road to a point 500 feet west of Masch Branch Road, for a distance of 1,020 feet. r SECTION II. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or applica- tion thereof to any person or circumstance is held invalid by p any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION III. Any person who shall violate a provision of this ordinance, or fails to comply therewith or with any of the requirements thereof, or of a permit or certificate issued thereunder, shall be guilty of a misdemeanor punishable by a fine not exceeding Two Hundred Dollars ($200.00). Each such 5 I person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of this ordinance is committed, or continued, and upon conviction of any such violations such person shall be punished within the limits 1 above. SECTION IV. That this ordinance shall become effective fourteen sys from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its paaaage. G 1 l 1 ~ II R PASSED AND APPROVED this the day of 1990. f RAY l J HMR 7 ATTEST: } jEhTNIFER n J CITY SECRETAR? APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCRJ CITY ATTCRNEY BY: /2j LA J44A I I 1 1 I PAGE 2 t i' i f 4 ' i j i 1 f ~ 4 i II I 1 I I I' I I 1 . A k r 1 III rp:.r, ~ /~y . CITX COUNCIL DEPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Ordinance prohibiting parking of vehicles on both sides of Audra Lane between McKinney and Paisley RECOMMENDATION: Approval SUMMARY: Staff recommends a "no parking" ordinance to cover both sides of Audra Lane between McKinney and Paisley 4 BACKGROUND: The section of Audra Lane between McKinney and Paisley streets has no shoulders. The pavement is just wide enough for two through lanes of traffic in each direction. Adjoining properties are mostly businesses and apartments which have adequate on site parking, PROGRAMS, DEPARTMENTS. OR GRO PS AFFECTED: Traveling public, utility, and sanitation services FISCAL IMPACT: 4 Provide a smoother traffic flow i i i 07736 r 1 el, -V I'~ Alorr/ ow CTSSC Memo January 31, 1990 r M t ITEM 18 NO PARKING ON BOTH SIDES OF AVDRA LANE BETWEEN MCKINNEY AND ~ PAISLEYt - r The section of Audra Lane between McKinney and paisley streets has no shoulders. The pavement is just wide enough for two through lanes of traffic. Adjoining properties are mostly businesses and apartments which have adequate on Site parking. Allowing parking will create obstruction and impede traffic flow. i Staff recommends approval for 'no parking' on both sides of Audra Lane between McKinney and Paisley. 074BE t !i I i i i i j E h i i r ~ I I CTSSC MINUTES February 51 1990 r ITEM i8 NO PARKIN, ON BOTH SIDES OF AUDRA LANE BETWEEN MCKINNEY AND PAISLEY: Paul Iwuchukwi presented the request. He said that the section of Audre Lane between McKinney and Paisley streets has no shoulders. I The pavement is just wide enough for two through lanes of traffic. + Adjoining properties are mostly businesses and apartments which 11 have adequate on site parking. Allowing parking will create obstruction and impede traffic flow. STAFF RECOMNENDEDi Approval for 'no parking' on both eider of Audta Lane 1 1 between McKinney and Paisleys COMMISSIONERS: Erwin made a motion to accept staff recommendation. Smith { seconded the motions Motion passed unanimously. 0718E 1 1 y j j i r I 1 L ~ r 1 ~c w 'gi g®~~lU ~PCIMo © L o®c~o~e®oeo❑®®®a~oe®~o~~ MILL • I I 1 N f 1 ~ 1 M 1 lI ~~~5 00 MO J . i Mar 1 t w ! 1 ~ 3 `1 i f 1 .p i t\ LM ~v. n 2732L { NO. tq I AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING THE PARKING OF VEHICLES ON BOTH SIDES OF AUDRA LANE, FROM ITS INTERSECTION WITH MCKINNEY STREET TO ITS INTERSECTION WITH PAISLEY STREET; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. { THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. When signs are erected giving 'notice thereof, no persona a aT park a vehicle at anytime upon the following street or portion thereof, in the City of Denton, to-wit: Both sides of Audra Lane, from its intersection with + McKinney Street to its intersection with Paisley Street. SECTION II. That if any section subsection, paragraph, ' j sentence clause, phrase or word in this ordinance, or applica- tion thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby E declares it would havo enacted such remaining portions despite any such invalidity. { SECTION 111. Any person who shall violate a provision of this ordinance, or fails to comply therewith or with any of the requirements thereof, or of a permit or certificate issued j thereunder, shall be guilty of a misdemeanor punishable by a f fine not exceeding Two Hundred Dollars ($200.00). Each such person shall be deemed guilty of a separate offense for each and I every day or portion thereof during which any violation of this ordinance is committed, or continued, and upon conviction of any 1 such violations such person shall be punished within the limits above. r SECTION IV. That this ordinance shall become effective fourteen days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. f k +1 3 E r PASSED AND APPROVED this the day of , 1990. x I ATTEST: ~ JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY j 1 f BY: PAGE 2 ~ I I h i 9 j 2 t I i Z i a r 1 I ~ i 1 I l i I i!1 S r t ' i f r a 2930L I ~I NO. AN ORDINANCE APPROVING AMENDMENT NO. 1 TO AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON INDEPENDENT SCHOOL DISTRICT TO HOLD THEIR ELECTIONS JOINTLY IN THE ELECTION DISTRICTS THAT CAN BE SERVED BY COMMON POLLING PLACES; AND PROVIDING FOR AN EFFEC- TIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Mayor and City Secretary are hereby author ze an directed to execute and attest respectively, } Amendment No. I between the City of Denton and Us Denton Inde- pendent School District to hold their elections o in elec 1 tI in the tion districts that can be served b common ollinlaces g under the terms and conditions being contained inlaid agree- ment, which is attached hereto and made a part hereof. SECTION II. That this ordinance shall become effective im- mediately upon its passage and approval. PASSED AND APPROVED this the day of 1990. RAY STEPHENSI MAYOR ATTESTr ` J ENNIFER WALTERS, CITY SECRETARY ' I BY: ~ i APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY I I~ BY. d~d[.41L1_ I 40 t 2930L AMENDMENT NO. I TO AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND DENTON INDEPENDENT SCHOOL DISTRICT WHEREAS, on January 17, 1989, the City of Denton, "Owner", and the Denton Independent School District, "DISD", entered into an agreement the "Agreement" to hold their elections jointly in the election districts that can be served by common polling places; and WHEREAS, the County of Denton has changed the precinct des- ignations, which changes have necessitated amendment to Article I a of the Agreement; NOW, THEREFORE: W I T N E S S E T H: k ARTICLE I. The parties agree to hold their elections jointly in the election precincts that can be served by common polling places. Absentee voting shall be conducted for both entities by City x officials at the Denton City Hall, 213 East McKinney, Denton, Texas. District polling places shall coincide with City pulling' places. The Election Districts and their r~ispective polling 9 places shall be as follows: A. District One shall include the following County election precincts and those voters residing within the following listed precincts shall vote at the Martin Luther King, Jr. Recreation Center, 1329 Mores Street, Denton, Texas: 1. That portion of Precinct No. 110 lying north of McKinney Street, East and South of Mingo Road, West of j Mockingbird Lane and North and Northwest, of Audra Lane. ' 2•. All of Precinct 109 in the City of Denton. r 3. All of Precinct 116. ' 4. That portion of Precinct 103 lying North of Interstate Highway 1-35 East. 5. That portion of Precinct 416 lying North of Interstate Highway I-35 East. i 6. All of Precinct 410 except that portion of Precinct 410 3 lying south of Eagle Drive and West of Bernard Street. 1 t 1 ,'tip Vol , K r , 7. That portion of Precinct 406 lying East of Avenue E and 1 North of Eagle Drive. B. District Two shall include the following County election precincts and those voters residing within the following listed precincts shall vote at Fire Station No. 4, 2110 Sherman Drive, i Denton, Texas: 1. All of Precinct No. 407 in the City of Denton. 2. All of Precinct 419 in the City of Denton. fl 3. All of Precinct 104 in the City of Denton. 4. All of Precinct 106 in the City of Denton. 5. All of Precinct 418 in the City of Denton. 6. All of Prec:..-ict 105 in the City of Denton. 7. That portion of Precinct 110 lying East and South of Audra Lane and lying North of Mingo Road. ~ 8. All of Precinct 417 in the City of Denton. 9. All of Precinct 102 in the City of Denton. C. District Three shall include the following County election a j precincts and those voters residing within the following listed precincts shall vote at the North Lakes Recreation Center, 2001 W. Windsor, Denton, Texas: 1. All of Precinct No. 111 in the City of Denton. 2. All of Precinct 409 in the City of Denton. 3. All of Precinct 408 in the City o:: Denton. i 4. All of Precinct 405 in the City of Denton. 5. All of Precinct 404 in the City of Denton. 6. All of Precinct 403 in the City of Denton. D. District Four shall include the following County election precincts and those voters residing within the following listed precincts shall vote at the Dania Park Recreation Center, 1001 Parvin, Denton, Texas: 1. All of Precinct No. 415 in the City of Denton. PAGE 2 1 . ti r xn,re t 2. All of Precinct 414 in the City of Denton. 3. That portion of Precinct 416 lying South of Interstate Highway I-35 East in the City of Denton. 4. That portion of Precinct 103 lying South of Interstate Highway I-35 East in the City of Denton, 5. All of Precinct 406, except that portion of 406 lying south of West Oak Street, East of Avenue E and North of Eagle Drive. ti 6. That portion of Precinct 410 lying South of Eagle Drive, West of Bernard Street, East of Avenue C, and North of Interstate Highway I-35 East. 7. All of Precinct 108 in the City of Denton, Texas. t E. The voting precincts located within the boundaries of the z Denton Independent School District and not within the city limits and their respective polling places are hereby designated as follows: 1. Precincts 108, 412, 300, and 301 - Denia Recreation Center. 2. Precincts 101, 102, 115, 417, 104 and 419 - Firestation No. 4, Sherman Drive. E ARTICLE II. In all other respects, the terms and conditions of the Agree- ment, as executed by the parties on the 17th day of January, 1989 remain in full force and effect. Executed this day of , 1990. j j k CITY OF DENTON, TEXAS i 1 BY: RAY STEPHENS$ MAYOR ATTEST: j , JENNIFER 9 CITY SECRETARY t - F PACE 3 t t / I i R x s L~ i APPROVED AS TO LEGAL FORM: i DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY s BY: i I DENTON INDEFENDENT SCHOOL DISTRICT 3 BY: TITLE: e ,.i ll~ i I PAGE 4 4 Y M I I f ~E I A I 4?'l i • • 1 : V " t ,r t ~ s ~ ~ f JLJL -1 r S ~ P I 1, 111 1 J I I t. l AdW. y' r~ { Y i 4~F f . FIL E t , i