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HomeMy WebLinkAbout05-15-1990 i AGENDA CITY OF DENTON CI'PY COUNCIL Miy 15, 1990 Work Session of the City of Denton City Council on Tuesday. May 15, at 5:15 p.m. in the Civil Defense Room of City Hall, 215 E. McKinney, Denton, 'T'exas at which the following items will be considered: Note: Any item listed on the Agenda for the Work session may also be considered as part of the Agenda for the Regular Meeting. 5:15 p.m. 1. Executive Session: A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S. 1. Consider action in in Re: Flow. i 2. Discuss County vs. City. B. Real Estate - Under Sec. 2(f), Art. 6252-17 I V.A.T.S. 1 1. Consider acquisition of land near the airport for right-of-way for a proposed road. i 2. Consider acquisition of land for a new fire station. C. Personnel/Board Appointments Under Sec. 2(g). Art 6252-17 V.A.T.S. 2. Receive and discuss preliminary Human services Committee budget recommendations. 3. Hold a discussion regarding the revision of the Zoning ordinance. 4. Receive and discuss a report regarding purchase of a portion of the raw water obtained from the Sulphur River Basin from the Upper Trinity Regional District by contract with the City of Commerce. I Regular Meeting of the City of Denton City Council on Tuesday, May 15, at 7:00 p.m. in the Council Chambers of City Hall, 215 E. McKinney, Denton, Texas at which the following items will be considered: I i 1 S City of Denton City Council Agenda may is, 1990 Page 2 J :00 P.M. {I 1. Receive a citizen's report from Amy Plumadore regarding parking restrictions on the bridges east of It Denton on Highway 380. I 2. Receive a citizen's report from Carl Young regarding changing Fred Moore Park designation from a neighborhood park to a community park. 3. Receive and open bids regarding the awarding of Texas Public property Contractual Obligations, Series 1990. 4. Public Hearings A. Hold a public hearing to consider a petition by A. Lissberger and consider adoption of an { ordinance amending the detail plait authorizing I planned development 0134. (p3Z Commission recommends approval.) 5. 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. 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 (Agen.'.a items 6.A, 6.13, 6.C). TLIs listing is j4 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 #1068 - Lake Lewisville and Ray Roberts Hydroelectric Projects 2. Hid 01094 - Fiberglass Roadway Lighting I 3. Bid 01101 - Friends of the Family Rehabilitation 4. Hid 01102 - Chemical and Herbicides t } t City of Denton City Council Agenda May 5, 1990 Page 3 1 5. bid 81107 - bonnie Brae 12" Water Line ' M ~ 6. Bid #1108 - Diesel Repair Parts 7. Bid #1109 Heater Repair 8. P.O. 095617 - Hatch & Kirk 6. Ordinances A. Consider adoption of an ordinance accepting competitive bids and providinq for the award of contracts for the purchase of materials, equipment, supplies or services. (4.A.2. - Bid 01094, 4.A.4. - Bid 01102, 4.A.6. - Bid 01108, ` 4.A.7. - Bid #1109) B. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. ! (4.A.1. - Bid #1068. 4.A.3 - Bid #1101, 4.A.5. - ' Bid #1107) j, C. Consider adoption of an ordinance authorizing the execution of a change order to a contract between the City of Denton and Hatch & Kirk; and providing for an increase in the contract price. (4.A.10 - P.O. 095617) D. Consider adoption of an ordinance approving the Issuance of contractual obligations for the City i of Denton. E. Consider adoption of an ordinance authorizing the City Manager to enter into an agreement with the State Department of Highways and Public 1'ransportation concerning the landscaping of a portion of University Drive. (The Beautification commission recommends approval.) F. Consider adoption of an ordinance authorizing the City Manager to execute a joint cost sharing agreement with the Texas State Department of Highways and Public Transportation for landscaping along U.S. Highway 77 at its intersection with Interstate Highway 35E in Denton. (The Beautification Commission l recommends approval.) f` I City of Denton City Council Agenda May 15, 190 Page 4 i i G. Consider adoption of an ordinance authorizing acceptance of dedication of Lot 14, Audra Estates Addition for street right-of-way for East Oaks addition. 7. Resolutions A. Consider approval of a resolution designating a Records Management Officer for the City of Denton. B. Consider approval of a resolution authorizing the Mayor to execute an agreement between the city of Denton and Denton county for ambulance service. C. Consider approval of a resolution authorizing the closure of Congress Street for Cougar Day May 19, 1990. 8. Discuss and consider an appointment to the Joint City of Denton/Denton Chamber of Commerce Economic Development Board. 9. Miscellaneous matters from the City Manager. i A. Budget recap 10. Official Action on Executive Session items: A. Legal Matters B. Real Estate C. Personnel D. Board Appointments III 11. New Business: This item provides a section for Council Members to suggest items for future agendas. 12. Executive Session: A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S. I B. Real Estate Under Sec. 2(f), Art. 6252-17 V.A.T.S. C. Personnel/Board Appointments Under Sec. 2(g), Art 6252-17 V.A.T.S. I r J ~ I ` i i ~rr 1 f1 L R L t C City of Denton City Council Agenda ~ May 15, 1990 Page 5 1 4 f I i NOTE: THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO EXECUTIVE SESSION AT ANY TIME REGARDING ANY ITEM FOR WHICH IT IS LEGALLY PERMISSIBLE. t` C E R T I F I C A T E r I 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 k I i II 4990M i ' i I I M I 1 I i t CITY 'i COUNCILi 1 + 1 lu .~'I o~~O~Oppu6~QDpp~`r, ~ ~ EVr L i '1 I a_ a a'-~ 7JI ♦ 1 . l: N ...._~..j I i c DATE: 5/15/90 CITY C4UWCIL RE.PORT_F_Q_WT f0: Mayor and Members of the City Council ' i III FROM: Lloyd V. Harrell, City Manager SUOJ: Presentation of preliminary Human Services Committee budget recommendations, R,EC9WENQ6 1 10N: (See Attached' ©ACICGfZOUND In February 1989, new Human Services Committee (HSC) k funding criteria was adopted. HSC presented Co{,ncil the results of its Needs Assessment in November. On November 21, 1989 Council directed that transportation funding no longer ba considered by HSC. Council also decided.to provide a budget from which HSC would make allocation recommendations. Council's consideration of a budget I could follow delivery of revenue estimates in late May or June. Council may wish to consider these preliminary recommendations when determining the HSC budget amount. The HSC held hearings in which each agency discussed their need for funding. Information from agencies was provide to IISC through standardized questionnaires. Committee members were able to request additional information from agency personnel during the hearing process. A total of eleven agencies requested funds. Six are -J currently receiving payments from the City. Five of those requested an increase in funding. Help Our People Emerge (HOPE) requested that their funding remain at an annual allocation of $5,000.00. SUMMARY: On April 25th, HSC voted to provide preliminary j budget recommendations to City Council. The pre- liminary recommendations are based on the Committee's assessment of community needs and the ability of the requesting agencies to fulfill the needs. It was recommended that most of the agencies currently funded by the City received nominal cuts in order to provide funding for new services. I~ The total requested by HSC for 1990 human services funding is $134,700. This figure represents a nineteen percent (19%) increase over the 1989 budget. 1 6 ~ 1 ? I I 1 ti 1J; i r ` 1 pROQRARI$_,_The AcoCmmunity Dayelopment EOffice of the Planning and Development Department will administer the budget and the contractual relationship with each agency. F 1$CAL_,-IMPACT;, ~ ~ If Council recommends an increase in the human services budget the general fund must absorb the increase. No administration funds are included in the human services budget. 1 R4pectfpll ubm d: f o y d V. liarrel City Manager Prepared by: j) Barbara Ross { Community Development Coordinator Approved: rank Robbi AICP Executive Di actor for Planning S Development I ~I i I M I r tE r ~ L I HUMAN SERVICES COMMITTEE } ` PRELIMINARY BUDGET RECOMMENDATIONS s 1 i FlOm Charge 1990 1988 1989 1990 19891989 Allocation A4gU25t9 Recol0-°S Budge Budget t A enc lo,DOO 10,000 - SPAN (Transportation) 100 -31 26,000 260000 28,000* 25, SPAN 4 rams) (Social Service [og _ 36,000 36,000 " Handi-HOP (Transportation) 31,700 -41 33,000 33,000 35,000 I Friends of the Family 28000 No change 26,000 28,000 30,000 Fred Moore child Care Center 15,800 121 14,000 22,000 County 14,000 Denton City- Day Nursery 6,200 -91 6,800 7,500 ~ 6,800 No Change RSVP Sr000 50000 50000 ~ 5,000 ' HOPE Sr~DO New Request _ p 5x000 Community Food Room p 27,925 2,100 New Request " AIDenton 3,100 New Request p 5,100 Patents Anonymous 60100 New Request p 20,000 Ann's Haven %lospice p New Request p 9,500 6,500 0 Denton county clinic Project for Prenatal Clinic - 134,700 191 158,e00 195,025 TOTALS 158,800 46,000 112 800*► SPAN'e 1990 request reflects transfer of 46,000 from Handi-Hop and SPAN progrims to i ~ transportation fund. Transportation funding subtracted from 1989 Budget 10ta1. 02758/3 I I • 7 ~ I 1 1. I I I` f v 4 1 HUMAN SERVICES COMMITTEE PRELIMINARY BUDGET RECOMMENDATIONS 1988 1989 1990 Preliminary 1990 Change From Agency Budget Budget R_ eguests Recommendations 1989 Allocation SPAN $ 100000 100000 r (Transportation) SPAN 26,000 26,000 28,000+ 25,200 -31 (So,ial Service Programs) v Handi-Hop 360000 36,000 - - _1 (Transportation) Friends of the Family 33,000 33,000 35,000 31,700 -41 Fred Moore Child 260000 280000 300000 28,000 No change Care Center i ~ Denton City-County 140000 14,000 22,000 15,800 121 ~ Day Nursery RSVP 6,800 60800 70500 60200 -91 r HOPE 5,000 5,000 5,000 51000 No Change Community Food Room - 0 50000 5,000 New Request AIDenton - 0 270925 21100 New Request lam-/ Parents Anonymous - 0 5,100 3,100 Now Request Ann's Haven Hospice 0 0 20,000 60100 New Request Denton County 0 0 90500 6,500 New Request clinic Project for Prenatal Clinic TOTALS $158,800 158,800 4195,025 4134,700 191 46,000 112,800 " SPAN's 1990 request reflects transfer of $46,000 from Handi-Hop and SPAN programs to transportation fund. Transportation funding subtracted from 1989 Budget Total. 0275s/3 e i i i unofficial minutes Human Services Committee April 25, i9g0 Present: Katie Dawson, Barbara Atkins, Hugh Ayer, Jim Bezdek, Anita Cowan, Linda Holloway, Sandy Kristoferson, Dorothy Damico, Don Hayes, Rudy Rodriguez and -vary Truitt. Staff Barbara Ross, Community Development Coordinator ana Present: Penny Black, Community Development Secretary Chairperson, Dorothy Damico, called the meeting to order at 4:08 p.m. I. Ms. Damico discussed HSC's changes in the 1990 recommen- dation procedures. Ms. Damico said City Council has decided to allocate a budget for HSC. The budget is not complete and will not be ready until June. Ms. Damico said after speaking with Ms. Ross and Mr. Robbins, she felt HSC should make their recommendations based on 1989-90 funding amounts. The recommendations will be "preliminary", and presented to the City Council in that fashion. In Jur,e HSC will be meeting again to make final recommendations based on the allocated budget. Ms. Ross informed the committee that Ms. Drayovitch would be arriving soon. Ms. Damico asked the committee to list the dates during June l and July that they would not be available for meetings. The committee complied. Ms. Damico .askec when members' terms expired. Ms. Ross said she believed it was the Cate of the Boards and Commissions dinner, sometime in July. Ms. Damico said she would attempt to schedule the meeting when everyone could be available. Ms. Damico opened a discussion on HSC's Policies and Pro- cedures. Ms. Damico said John Baines, Friends of the Family board member, had expressed his concerns for their agency receiving a cut in funds. The one change in the policies deals with seed monies and or new agency funding being allocated for the first three years of an agency's existence. Ms. Damico said there was confusion and contradiction in the statement concerning the three year funding. Ms. Damico said if a new agency was applying for funds, HSC would need to determine if a currently funded agency's allocation would be cut or if they would recommend to city council an increase in budget. I r 1 1 1 L 11 y 1 1 1 1 1 Human Services Committee Minutes/April 25, 1990 Page 2 i Ms. Damico asked if there was any further discussion concerning HSC's policies and Procedures. Mr. Hayes asKud if the 1990 budget was expected to be lower than 1989 and if so, did that mean there would be a tax decrease. Ms. er, whi thereawill notdbe as muchtrevenuebcoming into the city means Mr. Ayer briefly discussed the city's tax issues. Ms, Atkins expressed her concerns for HSC policies and procedures. the the three year Mr. Ayer said he believed ather than an criteria was a goal to be implemented policy. There was general discussion concerning the three year clause in the ,olicies and procedures. Ms. Damico suggested the committee work with each individual's i needed s and continue dis- understadig of the palicier andeprocedure cussion The committee agreed. Ms. Drayovitch arrived at th'13 time. and tile Ms. Damico summ ti Ms. Oameco explained that Ms. e Drayovitch had come to l a clylcounty had come Mssh re Damicor alegal sked ostniDraydvctch, to care status of the health care issue and the lawsuit. Ms. Drayovitch clarified Ms. Damico'- summary of the Ms. gispaLionipassed,dint1985 aregardsingmmed health care issue. le from the indigent care, not the closing of Flow Hospital. The 5096soft was brought by the county seeking that the city fund the indigent cars expenses resulting from the closing of Flow. Ai N • I ~ • I 1 1 r i` f 1 c I~ i i Ir ~i { Human Services Committee s Minutes/April 25, 1990 Page 2 Ms. Damico asked if there was any further discussion i concerning HSC's Policies and Procedures, Mr. Hayes asked if the 1990 budget was expected to be lower than 1989 and if so, did that mean there would be a tax decrease. Ms. Damico said no that the tax base is lower, which means there will not be as much revenue coming into the city. Mr. Ayer briafiy discussed the city's tax issues. Ms. Atkins expressed her concerns for HSC policies and procedures, Mr. Ayer said he believed the three year clause in the criteria was a goal to be worked toward, rather than an implemented policy. I~ There was • general discussion concerning the three year clause in the policies and procedures. Ms. Damico suggested the committee work with each individual's understanding of the policies and procedures and continue dis- cussion if needed at a later date. The committee agreed. Ms. Drayovitch arrived at this time. Ms. Damico summarised the health care issue and the city/county lawsuit. Mi. Jamico explained that Ms. Drayovitch had come to share her legal opinion concerning the health care issue. Ms. Damico asked Ms. Drayovitch to summarize the status of the health care issue and the lawsuit. Ms. Drayovitch clarified Ms. Damico's summary of the health care issue. Ms. Drayovitch said the lawsuit stemmed from the statutory legislation passed in 1985 regarding indigent care, not the closing of Flow Hospital, The lawsuit was brought by the county seeking that the city fund 50% of the indigent care expenses resulting from the closing of Flow. 1 s I t i Human Services Committee t~t Minutes/April 25, 1990 i Page 3 i t Ms. Drayovitch said there was confusion about the legi- slative intent and the fact that Denton was one of the five cities in the state that was singularly affected by i Ilk the legislation. The confusion was solved by an amend- ment of the statue that clarified the five cities involved including Denton were not responsible for indigent care. t The issues in the lawsuit have narrowed and basically deal with the two or three year period that this statute was not in effect. Ms. Drayovitch said during her discussion with the city manager, he believed until the lawsuit was resolved, (possibly mia-.une trial date) there should be no funding of any indigent health care services, based on the Houston attorneys' advice. Ms. Damico asked is it health care services or educational services. i Ms. Drayovitch said she had spoken briefly with Ms. Ross last week concerning the ner approach to the request for funding. Ms. Drayovitch said presently she could not advise the com- mittee whether or not to recommend funding based on the new approach to the request for funding. Ms. Cowan said she believed the applying agencies anticipated City Council denying their requests if they specifically involved health care therefore they invented the strategy of requesting monies for other than health Cara deliveries. Ms. Damico gave an example of Ann's Haven applying for funding of their bereavement program, which would free-up the present bereavement monies in their budget to pay for specific health care expenses. Ms. Oamico asked would that strategy work. Ms. Drayovitch said she did not know, Mr. Harrell had advised Ms. Drayovitch not to contact the Houston attorneys at this time for further advice, Ms. Drayovitch suggested the committee go ahead and make their recommenda- tions. Ac. Damico asked if the dollar ar,ount of the lawsuit was actually worth the legal costs incurred while the dispute continued, Ms. Drayovitch said the cost was over a million dollars and she believed it was worth the effort to continue pursuing it. The county is seeking 50% of the city's half and that is the amount the city is disputing with the county. 1 i i ~ r ~i e. Human Services Committee Minutes/April 25, 1990 Page A 1 Mr. Truitt askea about the period of service time the county f was seeking reimbursement for. Ms. Drayovitch said for the two years after the closing of flow. The records provided by James Wells document a period from the closing of Flow until the legislation was enacted (Sept. 1989), the debt was 1.82 or 1.9 million. The majority of those expenses were incurred after Flow Hospital dosed. I i Ms. Cowan asked what was the likelihood of the court date being postponed. Ms. Drayovitch said there are no guarantees. The city is working toward a settlement. Ms. Kristoferson asked if there were no business office to address those unpaid accounts. Ms. Drayovitch said she did not believe record keeping or the Flow administration had any responsibility in the present debt. She believed the individuals receiving care were ones that met the criteria of indigent health care. Ms. Damico said the statistics for individuals living under poverty level in Denton county is roughly 14,000 and the county has screened through and claimed fewer than 100 people. Ms. Drayovitch said her personal feelings were that the first 18 months the legislation was effect that the screening procedures were not implemented as precisely as they are being implemented now. Ms. Drayovitch said she was not criticizing tre hospital/county administrators. Ms. Dray- vitch said she also believed some of the debt and or services provided were not truly meeting the statutory guidelines, yet it would cost the city $50,000 to go in and audit the counties books and the cost was a great issue. In the event an audit did occur the private hospitals could learn the criteria for reimbursement and attempt to seek those monies from the city for indigents they have served. During the time of service.-FFlow's poverty level guidelines were 100% and now is 25%, this is another reason for the high debt. i _ i a i I I Human Services Committee ' Minutes/April 25, 1990 Page 5 i Ms. Damico said while no one acts on providing funds for health care services, the problem still exists where in- dividuals needing health care are not receiving it. Ms. Damico asked if there were any further questions for Ms. Drayovitch. Mr. Truitt asked Ms. Drayovitch if an organization which provided some health care services asked for funding of i educational services from a legal standpoint could they be funded. Ms. Drayovitch said she hated to give the committee false hope therefore, she could not answer his question accurately. There was general discussion concerning the definition of a basic city service and the idea of funding any agency offering health care services. The committee and Ms. Drayovitch briefly discussed the lawsuit and the other j cities that were affected by the statutory legislation. i Ms. Damico asked the committee if they believed the agencies j providing health care services should even be considered in their deliberations. The committee chose to go ahead and make recommendations based on the needs of the community and the criteria in the Needs Assessment for currently funded agencies and health care providing agencies. i Ms. Damico asked that each individual participating on boards of any of the requesting agencies to please leave the room when voting for funding of that agency. She added that everyone be present during preliminary dis- cussion, etc. Ms. Damico asked each committee member to briefly express their concerns/feelings for each applying agency. She suggested each member contribute in some fashion to each agencies request. Ms. Damico explained some changes in the 90-91 funding chart. She said that SPAN had $10,000 being deleted from their request, specifically for transportation, and Handi-Hop's $38,000 would be completely deleted from the budget. I ~ i Human Services Committee j Minutes/ April 25, 1990 f Page 6 i There was general discussion concerning the $5,000 request for the Community Food Room. Mr. Rodriguez asked for clarity of recommending funding 'h for the Food Room. Mr. Rodriguez's understanding of the committees' role was to "rubber stamp", the funding recommen- dation for the Food Room to legitimize the agency. Ms. Damico said basically Mr. Rodriguez's understanding i was correct. She also added that this year there wasn't a strung need for consideration of adding the agency to HSC's budget although next year the decision will not be as easy. ' i Mr. Truitt asked if HSC would be considering funding next year for the agency without the monies being funded from the Parks and Recreation budget. Ms. Damico said she believed once the monies were added to HSC's budget those funds would remain in the HSC budget. t Ms. Ross said she believed council would come back next year and provide a new budget number. At this point the new budget is based on the old budget numbers and the $5,000 should be included in HSC's budget from now on. Mr. Truitt said he could not imagine any organization that provides a more necessary service for a lower unit costs. The Food Room basically works with volunteer. Mr. Bezdek asked if this was the agency that was requesting funds for utility service, if so he fully supported the organization. Ms. Cowan, Ms. Dawson and Mr. Hayes expressed their support for funding of the agency. Ms. Kristoferson had concerns for the organization's one instance of serving an individual for 120 days tan example of service illustrated in their questionnaire presentation). This action was considered service during a "crisis period". Ms. Damico understood that the individual was being served tood over a period of three months which added up to 120 days. Ms. Atkins said there were certain instances where an in- dividual could not qualify for food stamps or anything, there- fore this individual was probably an exception. I ~c i 'r k ~ i t Human services Committee E Minutes/April 25, 1990 Page 7 v Ms. Holloway said considering the individuals living acccm- modatiens, he may not of had a place to store the food, so possibly he came to tha Food Room and ate each day over a period o4 130 days. There was ciscuss-en concerning a one time grant in the amount of $12,000 to Fred Moore Day Care Center which served as matching funds for another grant. Ms. Damico said this funding was to be deleted from their budget after the initial funding year and she did not believe it had been. Ms. Damico asked staff to research and report to HSC concerning this matter. Staff agreed. The committee responded according to their personal feelings 4 and the needs of the community in regards to the services each agency offered. There was general support for each agencies request. Committee members expressed concerns for the number of individuals served by each agency and some of their administrative budget percentages. Ms. Damico asked if what was the committees' feelings in regards to an existing agency receiving some "nominal" cuts in order to fund a new agency. There was a general consensus of agreement among the committee members. 5:45 Mr. Hayes left at this time. Ms. Ross informed the committee of the Emergency Shelter Grant Program (ESGP) funding which was awarded to Denton County Friends of the Family ($72,800), HCPE ($10,000) for a total of $83,8C0. Ms. Ross explained each agencies use of those funds and said they would be included in the agencies budgets for this dear only. 5:50 Ms. Holloway left at this time. Ms. Damico summarized the committee's general feeling as suooort for each agency requesting funding. There was general discussion at this time concerning the health care provider agencies. There was a general consensus that A10enton, Parents Anonymous and Ann's Haven be provided a token amount w i r F I I k h 1t i I r 1 1 Human Services Committee } Minutes April 25, 1930 Page 8 i of funding to illustrate support for the agency. The lawsuit concerning health care was a major concern during the members r discussions. The committee expressed a need to recommend full funding if possible for the Prenatal Clinic. 6:20 Mr. Ayer left at this time. Ms. Damico suggested the committee take a 10 minute break at this time. 6:30 The committee resumed in their deliberations at this time. I Ms. Damico suggested each member rank the agencies requesting funding and an amount for each of those agencies. Ms. Cowan agreed to average each members rankings on the chalkboard. ` The committee ranked each agency's request as follows: SPAN - $25,200 FRIENDS OF THE FAMILY - $31,700 FRED MOORE CHILD CARE CENTER - $28,000 CITY COUNTY DAY CARE - $15,800 RSVP - $6,200 HOPE - $5,000 AIDEN70N - $2,100 PARENT'S ANONYMOUS - $3,100 ANN'S HAVEN HOSPICE - $6,100 PRENATAL CLINIC - $6,500 TOTAL AMOUNT RECOMMENDED FOR FUNDING: $134,700 I Mr, Truitt moved that $134,700 be recommended as preliminary budget amounts as listed above. Ms. Atkins seconded the motion. The motion passed unanimously. The meeting adjourned at 7:26 p.m. i i r J 't .v i i i i i 1 i 1}~} f M~ I i i 1 REPORT TO CITY COUNCIL ON NEEDS ASSESSMENT SURVEY } i i from 1 HUNAN SERVICES COMMITTEE i 1 r INTRODUCTION To keep City council aware of the level of basic human need in the community, the Human Services Committee conducted a Needs Assessment Survey during the Spring of 1989. The committee, with the assistance of Richard Enos, a member of the Human Services Committee and a member of the social work faculty of the University of North Texas, devised a survey questionnaire aced on the key informant method of data gathering. The committee identified 273 key informants in Denton, comprising leaders in civic, service, religious, social work, business, medicallist educational, and charitable areas of the community. The included spokespersons for the minority communities and representatives of a broad economic spectrum. It also included key individuals who happen neither to require nor provide services but who have occasion to refer others to needed human services. Several members of Leadership Denton's 1988-89 class conducted personal interviews of a randomly chosen sample group I of the key informants to test the suitability of the survey instrument. Following the test interviews, the committee mailed the survey to the remaining key informants. Of the 273 questionnaires sent out, 122 were returned, a return of 45 percent which was more than was needed to render the results statistically reliable. Dr. Ethelyn Davis, formerly a member of the Human Services Committee, compiled the raw data for the committee. (See Addendum A.) Many of the questionnaires contained handwritten verbal replies that provided additional valuable information which is not included with the raw data presented in the attached results. The Human Services Committee extends its thanks and appreciation to Dr. Davis, Dr. Enos, and to the Leadership Denton members who assisted in thrf survey--Sherrie Etherndge, Nelda Evarts, Amanda Hulcher, Thomas Judd, Sandra Kristoferson, Richard Norton, Jean Ellen Rogers, Dill Watson, Mike Widmer, and Virginia Williams--, and to the, key informants who provided us with valuable and othLrviisn inoccrn Bible information. 1 i j i r 1 i'. t { E[6 1)` i 1 M KEY INFORMANTS I i The informants who responded, al] identified themselves as e 47 s anenyncusly, to the survey human services-related ag who were associated with specific were asnociatr_d with theeducat i cnal1se~ ;administrators systems a= tagrach „r) >+ho with the or counselarsr and 4S 1,4110 had as eaars, i issues of human spry other connections as whites 12 a IiIspa lc One hundred listedth indicate. emselves i ' nicr 9 as blacks and I chose not to SUMMM- Y OF MAJOR PERCEIVED NEEDS i I Overwhelmmingly, th,~ area O need respondent, indicated that the fcremost in Denton is health care, Out of a list of twenty- four problems, "Inadequate heal th"edicil care" selected as one of the three most serious pr was sel nl~lems in Denton b I' half (64) of the respondents. Y more than one own words the areas of r = Wnvc asked to indicate in geatet some for,. of health care e or me or mf needy again more than halfhdical related issue. listed Following after health care, but still receiving significant mention, were lack of affordable housing of public transportations insufficient child day cCeare eabuses s chilacc.I abuses family violence, lack of facilities r child Y persons, and unem for homeless or ployment. Respondents mentioned lack of pic a human services need in its own righthlandtasnoneroftthe both em connected with the effective delivery of rxistin Other areas related to the deliver problems mentioned frratl y of services thatrrespo respondents insufficient! Y were an inadequate , or at least the laic of y advertised, information and referral st,-ucture, a communications network among services providers, and the lack of a mechanism to keep track of clients who a to more than one agency within thr_ system. ` ppeal ADDITIONAL ARE/)s OF AGREEIt^NT Respandmntz commented on thrr^ other paints often enough to give a clear indication of general 'grnrr,n-_+nt; I e r n^9) Reopondr,:lts stressed the im or neecfn of r' tnnrn of r k the special efforts to using Spanish wpm pr- rSnns igh,jsr} fir -it 1Angu qF1 by unic,ition with thrvrr• pa,r-ihlm in rvri ttrn c,r 'agA in Spanish bthy em, m and by initiating .~,•rtrmlchnpro7r n,i to I i I 1 i i Ip I 1 GL { 1 I ( I KEY INFORMANTS S! t The informants who respondr~,J all anonymcusly, to the survey identified themselves as 47 who were associated with specific human service.-related agencir , offices, or programs; ::0 who were associated with the educational systems as teachers, administrators, or counselors, and 45 who had other connections with the issues of human services. One hundred listed themselves as white, 12 as Hispanic, 9 as black, and 1 chose not to r indicate. SUMMARY Of MAJOR PERCEIVED NEEDS I Overwhelmingly, the respandents indicated that the foremost area of need in Denton is health care. Out of a list of twenty- four problems, "Inadequate health/madical care" was selected as one of the three most serious problems in Denton by more than one half (64) of the respondents. When asked to indicate in their own wards the areas of greatest need, again mare than half listed some form of health care or medical related issue. Following after health care, but still receiving significant mention, were lack of affordable housing, substance abuse, lack of public transportation, insufficient child day care, child abuse, family violence, lack of facilities for homeless or transient persons, and unemployment. Respondents mentioned lack of public transportation both as a human services need in its own right and as one of the problems connected with the effective delivery of existing services. Other areas related to the delivery of services that respondents mentioned frequently were an inadequate, or at least insufficiently advertised, information and referral structure, the lack of a communications nr.t~surk among services providers, and the lack of a mechanism to keep track of clients who appeal to more than one agency within the system. ADDIT10N111. AREAS OF AGRFENENT Rasp ondr_nt, commented on thrrr athor points often enough to give a clear indication of grnrrnl mgrnofrrent! 1) Respondents str•cssrrtd the fnportoncra of ry1;inq efforts to meet thn special ne^dn of person, a4hosrr, fir--t languagge, in Spanish by using -rani-,h whrn-vrr pna.^.ihlr in riri ttrrn or rpot<rn co! runir_ntinn ~rit.h th^m rind by initiating outrrach progrzi , to thrm. f Ik k i i r r {{k i 2) Respondents consistently gave overall approval to the quality of the existing human services and gave high praise to the people who work to provide them, mentioning overwork, stress, 4 and insufficient pay as problems facing perscrns who word: in i social services fields. 3) Respondents gave unsolicited praise to the City of Denton, commenting that Denton is a good place to live and that Denton is to be commended for the level of concern for human services that it already has. i r RECOMMENDATIONS Because the Human Services Committee is charged not only with keeping the City council worn of Flum.~n Services needs but also with making recommendations to the Council to address those needs, the Committee at its June B, 1589 meeting discussed the results of the Needs Asses,m(-nt Survey and makes the following recommendations to City Council: 1. HEALTH CARE i• The Human Servicns Committee recommends that city council take the following actions which will help the citizens assume their responsibilities in the area of health care: a) that council state its willingness to provide financial support to nonprofit agencies engager) in primary health care, especially in the form of giving matching funds: b) that council make a commitmcrt to designate funds and staff times, as soon as possible, to assess, analyze, and propose a plan for the citizens of Denton to assume responsibility for a primary health care program in the city; and c) that council designate per=ms to sQek outside funding for primary health taro. (See Addendum B.) 2. HOUSING The Hum.•in 5^rvicns Committee recommends that the city continue to 5LIpport and, where possible, exii.,nd its eFforts in all areas providing housing for lrr1 income. residents. These include existing city programs for housing rehabilitation, existing city support to nrnprofit ogenrt rs helping in housing areas, continurd offorts at enco.►.aging lol-i cn,t home construction, and invrntigAtion into the fr•- ihility of shelter errpngr'n-antn for the hno^lr:,a. i i r ;c k f i 3. DELIVERY OF SERVICES The Human Services Committee recommends that City Council appoint several citizens who, With staff support, will contact leaders of group, involved in information and referral, networking, and client tracking, to help them to work more closely with one another and to determine whether or not there is a way within the city structure to assist them. (See addendum C.) d h. TRANSPORTATION The Human Services Committee recommends that the city planning department, working with the Director of SPAN, continue efforts to form the nucleus of a public transportation network for Denton and that as soon as possible transportation be made a separate area in the city bi_fdInt. { RATIONALE The City Council of the City of Denton in 1976 did not vote to make tax dollars available to human service agencies primarily out of a humanitarian impulse to relieve human suffering, as noble as that sentiment may be, but rather, out of a conviction that citizens whose basic human needs are not met cannot 'ie expected to become productive, contributing members of the community. More than likely, individuals whose basic needs are not met will become costly burdens for taxpayers. As a result, supporting basic human services agencies protects the quality of life of all citizens when it improves; the quality of life of the ferj whose lives are touched by sp?cial problems. 11 TT ;l It { CITY COUNCIL' { 1 i r F I a' 000 ° ° (~jJCO1z 1 O a h 0 q aN : 13~1,f1~'~~°f {w " ~vO a « µyl 1 a a ♦ i ~ 2+C~~i2 a a.a lt.a .laa u~awaul }lam ~+J a1IJ.4. 4ala aa. r i S 'l i i i GATE: 05/15/90 CITY COUNCIL REPORT FORMAT/C, S TO; \f Mayor and Members of the City Council FROM; Lloyd V. Harrell, City Manager i SUBJECT: ZONING ORDINANCE RECOMMENDATION: } a Consensus to proceed. Appointment of a citizen committee by Planning and Zoning. SUMMARY: 1. Basis for rewrite: o Denton Development Plan o Age o Undesirable development f o Over-use of time consuming, cumbersome Development problematic Planned o Problematic districts not being used o Uset unfriendly I 2, Some Approaches: ` I o Reorganize standards for easier use. o Add new districts for commercial/retail and office uses. Include site plan permit by Planning and Zoning. o Add mixed use districts with performance standards. o Allow mixed use buildings outside Central Business District. o Overlay districts. _ Entranceways Flood plains o Add standards for Bed and Breakfasts. o Planned Developments. Use as exception, rather than the rule, - Add standards - New process for very large tracts BACKGRUUNO: March 2, 1990 arms April 18, 1990, Lriefing to Planning and Zoning Commission. PROGRAMS. DEPARTMENTS OR UPOUPS AFFECTED: Future uses of zoning ordinance. 9 o. S s 3 i i l€ t s L Y City Council Report Format Page 2 i FISCAL None ub 't ed:/ Re~~ully ~ i L1 d v. Harrell city Manager 4 Prepa ed by: AICP , Frank Robbins Executive Director planning and Development i 29911 i I i j a { a i E t 'i i City council Report Format ' Page 2 i FISCAL. IMPACT: j 1 None 4aeoV. Harrell City Manager i Prepared by: i Frank H, Ro bins, A1CP Executive Director Planning and Development i 2991] i i I I i !E 1 I II i r ;f i } CITY of DENTON J 215 E. McKinney I Denton, Texas 76201 I MEMORANDUM t 1 DATE: May et 1940 TO: Mayor and City Council FROM: Frank H. Robbins, Executive Director Planning and Development SUBJECT: AMENDING THE ZONING ORDINANCE BASIS FOR REWRITE There are a number of indicators that suggest a rewrite may be appropriate. p THE ADOPTION OF A NEW COMPREHENSIVE PLAN i The Dent Development Plan, 1988 The toning ordinance rewrite was approved as a part of the overall Denton plan and needs to be able to implement and be consistent the s of the plan. 0 AGE The Denton Zoning Ordinance was adopted in 1969 and has undergone minor modifications for the last twenty (20) years. There is some evidence to suggest that the ordinance adopted in 1969 was borrowed from another jurisdiction and was not the most up to date even when it was adopted. o OCCURRENCE OF UNDESIRABLE DEVELOPMENT The ordinance should be able to address, mitigates and even anticipate environmental, land use, and aesthetic concerns that will occur over the life of the ordinance. When the ordinance cannot easily protect environmental, land use, and aesthetic concerns, and undesirable development occurs, revisions are in order. lI 1 { L t' i v .I~ Amending The Zoning Ordinance may 8, 1990 Page 2 i o OVER USE OF THE PLANNED DEVELOPMENT AS A VARIANCE Even though the records would indicate there are not frequent requests for variance, if you consider the planned development zone district as a way of requesting/exacting a variance, there has been a prol+:aration of variance requests in recent years. The zoning ordinance may not be adequate to regulate current development and market forces. The planned development zone district has been used to achieve a full range of development variances/controlsi from requiring sidewalks to creating large mixed use plans. The planned development zone district has been used e as ainf hams to shape landscaping, aesthetics, land uses, site design, and requirements. Because of a myriad of administrative issues and con :erns regarding planned developments which will be addressed later in this memo, perhaps the concerns, such as aesthetics, listed above might need to be addressed directly in the zoning ordinance by adding standards, rather than creating s zone district to solve these problems. In fact, in recent years, identifying specific problems such as aesthetics has resulted in a number of j additions/revisions to the ordinance. New sign and landscape ordinances have been implemented to address aesthetic concerns. Work is currently underway to address entranceways and corridor concerns. Revisions are being planned allow for uses, such as a jail, not currently shown in the table as a permitted use. Parking standards have been changed to reflect current research on size and number of spaces. i o WHAT DISTRICTS OR ZONES ARE PROBLEMATIC? Review of the ordinance suggests that there are problematic aspects, particularly In terms of permitted uses in all zone districts, except the parking district. Residential Generally, there are fewer problems associated with the residential districts. The inability 7,000 sq. ft. seems to be a dominant reason that an applicant would choose to zone planned development over single family residential. Of".ice The office district does not allow for an appropriate level of hierarchy to carefully regulate the kinds of impacts associated with different levels of intensity. For example, a professional office building of a certain size does not have the same l estsofficerdistrictcacross•theoboards the current ordinance simply y designates one I ti f l ~ If ,t ppi h k Amending The Zoning Ordinance May d, 1990 Page 3 Commercial/Retail I Because of the transportation and visual impacts of different commercial and retail activities, the need for a hierarchy of commercial/retail is even more pronounced. Additionally, in some cases, the currently permitted uses in commercial are either inappropriate (a poultry hatchery), too specific (tire treading/recapping), or omitted (video rental and sales). The trend of permitting only planned development zoning to applicants desirous of commercial/retail uses along entranceways suggests that the current uses, f traffic and visual controls are not sufficient or appropriate to achieve the 1 f desired effect. Industrial In the industrial zone districts, performance standards relating to noise, vibration, emissions, etc., cannot be enforced because there are no resources staff, expertise, funds, or equipment to measure and regulate. Almost all commercial activities are permitted in the industrial districts, creating inappropriate land ise mixes. For example, a restaurant, a hospital, and the storage of mining wastes are all possible uses within a light industrial district. A playground is a permitted use in the heavy industrial ~ I district, where hazardous materials, processes, and heavy equipment are most likely to be used. Additionally, heavy equipment often requires a more extensive road profile. Hazardous materials transport to and from heavy industrial sites may effect transportation requirements. a Central Business District ' In the Central Business District there are currently no height restrictions. Given the historic significance and an associated scale of buildings in the square area, a height limit might reflect the goals of preserving and readapting existing significant buildings downtown. Height limits would also serve to preserve views of the courthouse profile. Although the above is just a sampling of issues and concerns surrounding 1 the various districts in Denton's current zoning ordinance, some problems are apparent, specifically as they relate to land use, appearance, and infrastructure. o THE ADMINISTRATIVE ISSUES Interpretatioq The current ordinance is not usable by the general public and is even difficult to understand when used by development and design professionals. One of the consequences of not having a 'user friendly" document is that citizens and developers either misinterpret or ignore confusing aspects of the regulations. Another consequence of the ordinance not being understood is f ~ t F 1 i 1 ti Amending The Zoning Ordinance Pay a, 1990 ?aye 4 i that significant staff resources are spent in explaining and interpreting information that should be readily understandable. Clear definitive r information will reduce legal action resulting from disputed interpretation. Definitions 1 The general definitions are in two separate locations and the supporting 7 illustrations are in a third place. The definitions are not in alphabetical order. The sections that have been added to the original 1969 ordinance (signs, landscaping, etc.) have definitions and illustrations separate from either set of general definitions or illustrations. Consequently, there are at least five different places to look for definitions or illustrations that clarify definitions. i Organization F There is not one single place where all the uses and requirements for a district can be found. The user of the ordinance must look in different places for definitions, for land uses, for parking, for signs, for landscape ' regulations, historic information, and performance standards. Users of the zoning ordinance usually ask for information in two basic ways, either: What can and can't I do in the district? or, Tell me about all (parking, landscape, signs, etc.) regulations. Ideally, the ordinance would be organized to allow for the information to be listed both ways. The traditional way of showing requirements is by listing districts and their uses and setbacks and height requirements. The supplemental regulations such as signs, landscape, etc., are listed separately. An approach to allow for all requirements within the district, including supplemental regulations would Identify all the development requirements up front. o WHAT IS MISSING? The following is a list of uses, issues, regulations that may be needed in a new ordinance. They are provided to provoke Ideas that you may have about what the ordinance needs that is not currently permitted, regulated, etc. Community facilities provisions Entranceway Regulations Bed and Breakfast Regulations Barrier Free Access Requirements 1 I 7 f F I `4 it 1 Y Amending The Zoning Ordinance ; May 8, 1990 Page 5 I t ~ { Intent Statements About Each Zone District or Supplemental Regulations Greenway Regulations Telecommunications Apparatus Regulations New Districts: Open/Floodplaln Zone Airport I` Townhouse/Attached/zero Lot Line Hierarchy of Districts within Office/Conurercial/Industrial uses i o PLANNED DEVELOPMENT ADMINISTRATIVE ISSUES , Approximately one-third (113) of Denton is zoned planned development. Many of these planned developments were planned and approved development activity was high. A number of these planned developments 9havehen expired or are about to expire. This means that are thousands of acres of property for which the zoning has to be reconsidered and may be rezoned. The h current planned development process requires property to be planned at a very detailed level. Real estate investors and developers need to know the permitted uses on a property, frequently before they can purchase a parcel. H owever, under Denton's planned development ordinance, the site plan (detail plan) submitted and same time forsownerspofolarge The tracts. 1 Constant Amendment of -a Planned Development and Detail Plane Given the dynamic nature of the real estate market and the constant introduction of new product types of development, the specific details of a 1 development may need to be changed before a marketable development can be f built. Consequently, a developer of a large planned development will detail the plan for use approvals. As phases of development are built and market conditions change, the developer will continuously amend portions of the planned development prior to actually building, This constant amendment of detailed sections of planned developments indicates that the level of detail required at initial zoning is being requested too early in the process. This level of detail has been requested to give assurances to decision makers on a variety of topics, including: o Infrastructure o Aesthetics o Land Use ILhe issues of infrastructure, aesthetics, and land use are critical concerns of local governing bodies and citizens. However, the detailed information may better be required just prior to building, not when uses are being determined. If appropriate land use categories, aesthetic controls, and infrastructure requirements are built into a zoning code, a development need not be designed to a level of site plan at initial zoning. i d I d' 5. 1 ~ i l 1 ) 4 3 l Amending The Zoning Ordinance ! May 6, 1990 Pege 6 f ~ I s Prclictability and Forecasting Prec!ictability and forecasting become more difficult as pieces of the planned development are amended. Data and Concise Information The data problems of constantly amending portions of the detail plan for a planned development are numerous. Each time a planned development is amended, the original planned development file will need to be amended as well as a new zoning file created. If an area of the plan has been platted, it will be replatted as changes are made and additional plat files are created. The more an existing plan is revised there is greater potential for error or misunderstanding. Aspects or considerations of the original plan can get so altered as to not be logical as part of the overall plan. For example, uses can get so radically altered over time as to totally change the roadway or drainage needs of the project. Code Enforcement I~ 1 Specific requirements of a planned development's landscape or sign plan can conflict with the overall sign or landscape ordinance. Code enforcement is more difficult under planned development alternatives. +V Mapping i Mapping is problematic with planned development zoning. All planned developments are currently shown only as planned development zoning on the zoning map. Therefore, when a citizen calls with a zoning question (in their mind, what are the uses permitted), as many as twenty (90) files have been pulled and looked through to reconstruct the history of planned development's zoning. The average number of files to be researched for all area zoned planned development is approximately six (6). This is a rather cumbersome process to answer a seemingly simple zoning question. Another mapping problem with showing the planned developments on the zoning map as planned development, is that land uses and patterns do not show up for analysis purposes. o HOW CAN WE GET A COMFORT LEVEL FOR THE ZONING WITHOUT A DETAIL PLAN AT INITIAL ZONING? Perhaps an alternative method of securing a comfort level with the zoning requested, other than to detail plan at initial zoning, would be to require a site plan at a later stage of development, pri-)r to building permit. Codifying and regulating aesthetic concerns such as sign, landscape, entranceway, etc., ordinances may also reduce the need for planned development zoning. I i i E i ~a .t n f l s ~E t Amending The zoning Ordinance May d, 1990 Page 6 7 i Predictability and Forecasting Predictability and forecasting become more difficult as pieces of the planned development are amended. Data and Concise Information The data problems of constantly amending portions of the detail plan for a r planned development are numerous. Each time a planned development is amended, ' the original planned development file will need to be amended as well as a new zt.ptng file created. If an area of the plan has been platted, it will be replatted as changes are made and additional plat files are created. The more an existing plan is revised there is greater potential for error or misunderstanding. Aspects or considerations of the original plan can get so altered as to not be logical as part of the overall plan. For example, uses can get so radically altered over time as to totally change the roadway or drainage needs of the project. j Code Enforcement h i Specific requirements a planned development's landscape or sign plan can conflict with the overall sign or landscape ordinance. Code enforcement is more difficult under planned development alternatives. Mapping i Mapping is problematic with planned development zoning. All planned developments are currently shown only as planned development zoning on the zoning map. Therefore, when a citizen calls with a zoning quertlon (in their mindo what are the uses permitted), as many as twenty (20) files have been pulled and looked through to reconstruct the history of planned development's zoning. The average number of files to be researched for all area zoned planned development is approximately six (6). This is a rather cumbersome process to answer a seemingly simple zoning question. Another mapping problem with ahowing the planned developments on the zoning map as planned development, is that land uses and patterns do not show up for analysis purposes. o HOW CAN WE CET A COMFORT LEVEL FOR THE ZONING WITHOUT A DETAIL PLAN AT INITIAL ZONING? Perhaps an alternative method of securing a comfort level with the zoning requested, other than to detail plan at initial zoning, would be to require a site plan at a later stage of development, prior to building permit. Codifying and regulating aesthetic concerns such as sign, landscape, entranceway, etc., ordinances may also reduce the need for planned development zoning. 3 f t Amending The Zoning ordinance may 8, 1990 Page 1 k Creating viable market responsive zone districts, including uses and bulk } requirements, which allow for some flexibility in creating marketable, well-designed developments will best suit development quality of life concerns. There will probably be a need for a mixed use type of district, but the number of planned development zonings as a variance mechanism could be greatly reduced. Attachments: PAS Memo: Why Should We Revise The Zoning ordinance? Notes l from brainstorming session with Planning group. S Frank H. Robbins ' t wp i 2288k ;E r ~I 'i t t f 1 ►nnuaar Iwe P S aaaanut AM f 1 ►LANNINO JJ r~~ aaaOCaTION emirs C increase in variance requests may merely signal increased Why Should Nie Revise the Zoning developmentactivlty in areas containing asubsantial Ordinance9 percentage of nonconforming uses. Altemattvely, achange in the nature or pattern of variances or exceptions may signal the By Leslie S. Pollock inability of the toning ordinance to cope with or to control Many have found that their 10 to 20-year-old emerging patterns of development or aspects ofthe market. Y communities An increase in vane scc rquests clearly signals the need to toning ordinances are no longer responsive to many of today's renew your ordinance generally, and the sections subject to development Issues, For example, many ordinances are silent variation applications specifically. on issues such as day care and group homes. Others lack the h flexibility that will allow developer and community to The Occurrence of Undesirable Devefoprneat.Often. negotiate mutually acceptable projects, especially on sites with toning ordinances are drafted in a way that •anticipatei land- numerous constraints. Still others need to be restructured in use, environmental, and other issues that in not a c o-cere at light of key recent Supreme Court decisions that focus on the the time the ordinance is drafted. Fpt example, the zoning takings issue, ordinance may permits range of uses in a panicult r While recognizing that one's toning ordinance may need commercial district. and many of these uses may not exist in I improvement is a first step. It is difficult toclearly identify the the community. However, as time goes on, these uses or specific revisions. I hope this Mfmo will be of some assistance patterns of developmem may occur in the community. But shat In this regard. Specifically, it answers five related questions: development, once seen and experienced, may be considered I . Why should you modify the toning ordinance? undesirable. A revision may be naesury if growth contrd is an istw. If 2. What signs point to the need for zoning ordinance development is occurring at a fairly rapid put and the rev lions? cummuniry is witrsessing axone and more us" of kinds of development that are unde irabk. th. a may also be a need to 3. How do you figure out what is wrong with the toning change the stricture of the code. ordinance? should be aware or An Increase in Ztsning•Refated Lawsuits. This symptom is 3. What technical zoning issues you clearly an indication that there is a gap between what the 5. How do you go about fixing up the zoning crdinance? pr,vue sector believes it is entitled to mid the controls or administrative structure of the present ordinance. If the What Signs Point to the Need rot Revision? community is continually winning its lawsuits, perhaps the In the simplest and most direct sense. the cleares; sting of this ordinance is correct and the requests of the private sector tae need are constant administrative problem and chailemlH• without foundation. However. if you are losing a goodly share threats of legal challenges or actual lawsuits related co toning, of such lawsuits, the structure of your ordinance is clearly and the sense that the ordinance does not at ail relate to the suspect and ought to be reviewed. kind of community that citizens want. A discussions of the factors that may signal the need fen revision follows. Adoption of New CompreMsssivt Plan or Other Development Co e. White an old ordinance is nee necessarily abad zoning 'ntrols.' An update of your comprehensive A/ plan is clearly a sign for a review of your zoning ordiwce, ordinance. it certainly is one that should be reviewed and nce is the city's primary tool for evaluated. Because of the changes in control techniques. 'old' The Implementing ing Its ordinacompehe ' plan, This means that the in the toning business might mein 10 to i3 yeah, Over the ordinance needs to be brought in line with the new poliael Ind j put 10 to IS years, different appraches to toningcontrol dictates of the plan. Linkingthe plan to the zoning ordinance have emerged. These changes may not be reflected in your w III go a long way towards clxrecting the range of problems present ordinance. For instance.:hanges in automobile sizes and symptoms that have been outlined above. For example. A and auto dependency have an effect on parking and lading strong and demonstrable link between the two will serve your regulations. Chaaga in definitions of family, homes community well in defending its setting &gLnst lawsuits. The occupations, and forms of multifamily development have also formulation of a comprehensive plat will provide the occurred, and these changes may not be taken into account in community ample opportunity to discuss the kinds of your present ordinance. development that it wants and does rat WMA. Thus. the Increased Applications for Variance. An increase in the formulation of & revised toning ordinance linked to sn updated number of requests for zoning variances is a sure sign that comprehensive plan will help structure your land-use controls aspects of your ordinance do not reflect present development n a fashion that will prevent poor land-use practices. trends or market realties. One should note, however, that an nenf oc,ent land use, and poor quality manalemeni. N hat's wrong 'A ith the Zoning ordinance? Lnldg ronocanapnncpat conrutuntof Csmirm.Lid. aplannintand Havin gdetermired (hit somtethingtsm'tright, and that perhapt tomntcam01MIrrvm Ott 650 r there ❑ a aced to the queston arRet How do you approaches diagnose the ordnancncite' You might consider he following Are Coming controls district. coensistexceptntly when applied Problems to ms useof dotr ct I s w thin each , Analyze the Type ces. specific haracteristics demand unique types of controls' detypesolexceptions Y. Are definitions, criteria, standards,indDiet or variances may provide clue s to zoning ordinance problems. measurement data current' The constant need for exceptions from parking requirements o ill rdinance standards and the budder's peict pouters Cie coatroht a ngiiecosistency. dnn one residential dntr. iet would a expect.xnt thas t necessary for new Development. Nurrilpreque is f a side. applied tos milt residential districts. The foilo w~ngele rrlatwnship between the laze oflasand proem in the the s ze of houses now should be checked to make sure that they are up iodate, ard variances Indicate being const, ucted. Requests for variances for locating Paridnig Standards. Are your regulations still based an accessory uses. such as air conditioning compressors, garages. accommodann lu a auto i storage sheds. and the like, may indtcarc that concern mix of automobiles exist. Consideration should bbehgi~t~ar raryr to reflect Usecurrent mix of development does not Gt with the requirements of your downsizing $ ordinance Hence. the nature and pattern of variations can give Loading RequuIremtnu. Many zoning ordinances still specify you insights into specific zoning ordinance problems loading requirements that assume that deliveries will be by 1 Target Probltm Dlsyrku or Zones. obviously, if semitrailers. The bulk of deliveries to nonindustrial uses are development in a pantculardistnct is resulting in patterns, now open made in package vans that are much smallerin size. uses. or buildings that are undesirable. one needs to make Changes in loading spate requirements may be called for, changes in that district. This requires identificationof the pyramid of DWrfct Use Lists Man obi nature of the problem. Are buildings too high? Are they too from one distinct in all less-restrictive districts ,sj low uses close together? Is there more parking tea than needed? If so, commercial uses are allowed the district controls need to be changed. Taking into account districts). You oaght to inspect the ordinance to makeasure that what thecommuniry wants in (he district. you should your are not unwittin restructure the district controls. if Y permitting uses in a district in which ) One way to go about a restructuring is to look as the 'ou do not want them, downtown, tom about acorndon. nS is to l special district Purpow Statemeets. Man and d her tries, If that ia cot • statements for each di y ordinances lack purpose community w 9ment looks like whataour strict. Them a; critically important merc other ty ould l ike to have. review that city s s cial pause they indicate why the distr of us was e.-evud and serve as district regulations. Look at use height, bulk. parking, and use the basis for identifying the type of rite that ssw td he i lists. Compare them with what you have and revi:w she city's permitted. special disinct regulations. DellNtfona. Many activities May }rave changed in nature since Generally. it is tine good practice to copy from another your zoning ordinance was drafted, New definitions may need community's ordinance in a wholesale manner. Unrestricted to be draped to reflect these chutges Specifically, derinutons borrowing from one community is not the way to draft a code for fast-food resuurams. drive-in banks, and other that reflects .your community's needs. However. most commercial uses that are heavy traffic generators should be communities borrow techniques that they think will fit their reviewed or, if not currently included, be added to the circumstances and may solve specific problems, ordenance. Identify Your Adsnfnkstrative Problems, The identification Evaluation and assessmentofproblems arisin through the administration for evaluating requests for vuiances ces or or special use permits.' I' of the zoning ordinance often pinpoint aspects of the ordinance Are there clearly spud guidelines for processes like ma king that need refinement, revision, or replaicerment. The inability map amendments and appealing zoning administrator of petitioners to easily find all portions of the ordinance that decisions? affect a particular parcel may point to certein organizational problems ofthe ordinance. Wbenccnflictingpassages ofthe really Peaormati nstanda ds?Arethey toensure ordinance apply to the same disirics, the ordinance may suffer redly performance standards? Are they measures yu shoo a from piecemeal amendment. A great number of requests for minimum quality a life? s they're the latter, then you should ordinance interpre abut, administrative appeals, and be sure to structure a series of amentonalconnts to gi+e the clarification of definition indicates problems with the clarit of community the your o development that it wane. the ordinance language and its orgaization y Perfor more standards and (I more thins years o The zoning ordinance is a document written by professionals performance standards and fs standards thin ins old. chances to be understood and applied by laypersons. Portions of zoning ere that new performance standards for things like odor. ordirr rotes that do not make sense or are so arcane and poorly smoke, noise, and vibration have beeno contact warded as to cry out for interpretation and clanfation teed ro review the age of the standards ss and to delermiine if tit rewriting if your community's zoning board members, plan to is ant sure agency or trade association toaerm,ne if commission, or city council read the zoning ordinance and rev ions to these standards have been made. cannoteasdy understand all its provisions, the ordinance Yard Requirements. A lot of new development, especial'. i should be revised. residential districts,consists ofPLDsorsome ocher k,nd r that Technical Problems Should be Considered in a 'esotiateci arrangement. Certain district controls. e)pari toning Diagnosis' ird requ,rerri are seldom, if ever. used in vu0 ;z,e, Any technical review should be structured to respond to two J , ovcrrihat your yard r qui emenisuallow bw)di is?:o -c broad questions: acted on site or development to occur in front, )cap. or • ; M there is a need to review. the question arises How do you I Are controls consistently applied to uses w ithin each diagnose the ordinance' You m ght cons der'he follawmg zoning district. except when problems or district approaches. charactenstics demand unique types orcomrob' Analyze the Type of Yariaoces. Specific rypesof exceptions 2, Are definitions. criteria, standards, and other or variances may ptovide clues to toning ordinance problems. measurementdata current! The constant need for exceptions from parking requirements Beguiling consistency, for example. one would expect that in commercial districts indicates a conflict between the i ordinance standards and the budder's perception of what is controls applied appsimilar lied i one residential district fwould also be ollowing elements necessary, for new Jev elopment. Numerous requests for side• y and variances indicate that there is a problem in the should be checked to make sure that they are up to date. relationship between the size of lot and the size of houses now Parking Standards. Are your regulation3 stall based on being constructed. Requests for variances for locating accommodating large automobiles! Today. a much broader accessory uses. such as air conditioning compressors. garages, mix of automobdesexist. Consideration should be given to storage sheds, and the like. may indicate that contemporary downsizing spaces to reflect the current mix of cu sizes. development does not fit with the requirements of your ordinance. Hence, the nature and pattern of variations can give Loading Requirements. Many toning ordinance still specify you insights into specific toning ordinance problems. loading requirements that assume thatdelivenes will be by semitrailers. The bulk of delive t that tare mus al uses are Target Problem Districts or Zones Obviously, if now often made in package vans that e much smaller in size. 1 development in a particular district is resulting in patterns. Changes in loading space requirements may be called for. 1 uses. or buildings that are undesirable, one needs to make changes in that district. This requires idenstfiaucin of the Pyrs nld of Dstrld Use Lids. Many ordinances allow uses nature of the problem. Are buildings too high? Are they too from one distnct in all less-restrictive distracts (.,I.. close together' Is there more parking area than needed' if so, commercial uses are allowed bf rigfp in light industrial the district controls need to be changed. Taking into account distncu). You ought to inspect the ordinance to nuke sure that what the community wants in the district, you should your arz not unwiningly permitting uses in a district in which restructure the distinct controls. you do not want them. one way to go about a restructuring is to took at the Purpose Statements. Many ordinances lack purpose downtown, commercial corridors. sad other special districts statements foe each district. These are critically important in otherctties. If that development looks like what your because they indicate why thedistriawu crested and serve as community would like to have, review that city's special the basis for identifying the type infuses that should be district regulations. Look at the heighl, bulk, parking, and use permined. lists. Compete them with what you have and review the city's special district regulations Deflnitionc Many activities may have changed in nature since Generally, it is not good practice to copy from another your zoning ordinance was drafted. New definitions may need community's ordinance in it wholesale manner. Unrestricted to be drafted to reflect these changes. Specifically, definitions borrowing from one community is not the way to draft a code for fast-food restaurants, drive-in banks. and other 1 that reflects your community's needs. However, most commercial uses that are havy traffic generators should be i communities borrow +echniques that they think will fit their reviewed or. if not currently included, be added to the circumstances and may solve specific problems. ordinarxe. Identify Your Adminbtrative Problems. The identification Evaluatkan Standards. Does your ordinance have standards and assessment orproblems arising through the administration for evaluating requests for varatmces or special use permits' of the zoning ordinance often pinpoint aspects of the ordinance Are there clearly stated guidelines for processes like making that need refinement, revision, or replacement. TTA inability map amendments and appealing zoning administrator of petitioners to easily find all portions of theorditsanctt that decisions' affect a particular parcel may point to certain organiaationd Performance Standards, Are your performance standards problems of the ordinance. Whencosflicting passages of the really performance standards? Are rhey measures toensure a ordinance apply to the same distinct, the ordinance may suffer minimum quality of life' If they're the latter, then you should from piecemeal anundereat. A great number of requests for be sure to stricture a series of additional controls to gw a the ordiname interpreutioos, administrative appeals, and community the kind of development that it wants. clarification of definition indicates problems with the'clarity of furthermore. if your ordinance contains industrial the ordinance language and its organization. periormance standards and is mote than 10 years old, chances The zoning ordinance is a document written by professionals are that new performance standards for things like odor. to be understood and applied by laypersons. Portions of toning smoke. noise, and vibration have been developed. It is useful ordinances that do not make sense of are so arcane and poorly to rev ie w the age or the standards and to contact the local worded a to cry out for interpretation AMcIanficaudit need relevant state agency or trade associationtodvicimine d rewriting. If your community's zoning board members. plan rev oions to these standuds have been made. commission, or city council read the zoning ordinance and cannot easily understand all its provisions, the ordinance Yard Requirements. A lot of new development, especialiy n should be rrvised. rev deratiai J stncts. consists of PVDs or some other k,rd ,t negotiated arrangement. Certain districl controls, evpecir.l, What Technical Problems Should be Considered in a ~ Jr. r-4u6remcnrs. are seldom, if Oct, used in ,uch care, Zoning Diagnosis? and. therefore. It! ey can become out of date you may Any technical review should be structured to respond to two : er that }our yard requirements allow buildin;v td 'e broad questions. , itid on site or development to occur in front, year. or • Par- I( I 1 A Zoning Ordinance Checklist Definitions OQ.Saswx l urkles :1 Are til terms and phrues prtctsely defined aid current? G Do you have a current and complete schedule of required I parking per type o(use ss well ss standards for Irghung. adminWntion and Eaifoexeraeea surfacing, setbacks. sue. access. and screening? Has an official been usignsd the responmbibry for nepecuons and issuing centficates? Off-S~ Loadtatit Are then provisions for the Bard of Appeals to hear a,d -1 An theta provisions in your ordinance addresun;- the IV decide appeals and requests for hardship varances and required number of loading berW bated on intensity of use exemptions? Of ute AMOUR [Of door space?: acaas to the loading rear: Does your planning commission play a pivotal role in scoeenmg. design. onsid ruin revmwtng requests for cordiuonsl uses and making Irottdtas~ recommendatons to the local governing body. Anratimicin Are the penanies for violations clearly prturibed? 0 Dora live LOning ordinance make it clear that anneaed land will receive a toning clautficaton ar the tame that the land Appeals is annexed or within a minimum of 90 days after Is the appeals process clearly outlined; namely, can an an txauon? Do you n rntln a development moratorium individual read the ordinance to find out her appeals first dunng that 9"y period? the 8aerd of Appeals and 10 to a public afterwards So to hearing before the Board crApp"s and only Hoene Oecupetbas dw couru 0 Art hoMoctvpationsadequatelydefined?Doyourm/ I Variances provisrott adequately address sag;mger? allow" M Are the ipectfic criteria (or the granting of variances to g.. equipment? sales oa pnmws? whetconsuruteae w fiat conatltu es proof of hardship) spelled out for the nuisance? Board of Appeals and appl cant for variances? Butt Rastalettooe Text Aes"Wor a sts rind Strap ClIart es O Are your bulk convols bud on specific minimum lot trip Cl It it clear that the amendment process "lost s heating and wdth$. yaNS. Setbacks. tad floor ant ratio or heigha Won the planning cotnmtum. a formal recommanduion lirutasbro? from the commission to the governing body, and! paassge of any changes by the governing body? PWMW De ioloptasase VooconformIng BuHAno and Came ❑ Dons Your otdm"M gm developers of residential. commerxiat. W Industrial ptanrtad developments i An then comprehensive provuoro covering relocation; reubtliry insofat At density and mia of uses are conctrnedl repaid and alterations; additions sod enlargements; Are there tradeofiprovisions tag,. do local planners and restoration ouancef a. or chandamagedge building: and expension, the governing body have some say over design usuesy? Do you have an amomaaaon schedule this Allows gradual Resulallono fen ResldmsW Dbtrku elimination of nonconforming tests, signs, and buildings? Do you have an spprepna t number of districu. 1 Are the amontaanon pro* eons bawd on criteria telased to distinguished by density, to accommodate growth?Are you I building value. type of construction. tad wimmusd length of building life? sore rhea )out single-family district regulanoea do net unmtenuonelly discriminsM K JAM low-income Condhlonei W Special corns households? Does thus ordinance maintain a list of uses Shot wadi be RessrWbea far Cif DYlriexs allowed in a dis" only after public heering and recommendation by the planning convoiubn aid approval i Does the ordinance allow fore sufficient number of by the local governing body? What was She lap time this d sencts to accommodate every type of business or list *me reviewed? commercial aaty, iry in s proper location? Are list of permitted and conditional uses based on compatibility? Sign Repleliom Are your sign regulations currtns? Do you have standards Resulatlaa for Isdestrlal Districts addressing all aspect le g.. IOW tea. prolection, height. L Do your regulaiop Accomtnodau both light std heavy f iuny) of i I gn Comm 1 ndu it ry? Do you have cu mint performance standards! yards in a manna that is no longer desirable. how to remove these conflicts is the best way to pursue a CortflictsIn Wordingand In Terfns.If your ordinance is old revision. And has been only partially amended. chances tee that some Map Conflkd. A good way to diagnose ordinance problems conflict in terms or wording exists. h is extrertuly hard to is ro lock at your toning map to determine how well she land. review an ordinance to determine these conflicts. The best way use pattern shown on that map accurately reflects the elit to find out if such conflicts exist is probably to ask your toning dwtribution of land uses. Iii And other forms of conlatondi administrator. Discussions with the administrator regarding developments may mean that the toning map and certain I development controls need revision , How to do the revision will depend upon the size of the Sip Controls, All zoning ordinances contain provisions for community, the ddfculues encountered on the ordinance. and sign controls. Often these controls are limited to the height. Olt six of the professional Suff. A community with a area. and placement of signs. These controls can be expanded. Professional suffmust first determine if the staff has the tame however, and can deal with the amount of information Vied skilis available to undertake the revision. If the answer is provided on a sign, number of signs on a sue. prohibited signs, Yes. I particular suHnumber should be made head of a etc commina consisting of members from the city council. mrimg bond. and perhaps the plan commi ition that will Special Area Problems. Often. the present ordinance is not underukt to review and revision. helpful in terms of securing the lund of development that the Often smaller communities without staff will determine that community wants in highly visible or important areas. This the zoning ordinance revision is best done by an esubfished may be especially true in commercial corridors, along major group lake the toning boardof appeals. This solution, from a artenal roads. or in certain areas wnere environmental hawds professional point of view, is troublesome. Neither, the time limit development options, New techniques have been not the expertise will be available for a complete review and developed to facthute control of development in small areas, revision. This approach may result in heavy bo-Towing from For example, overlay zones. which add an additional layer of other ordinances usdordy superficial changes rather than \I control over a series of standard land-use tones, have been substantive revisions, used successfully to control curb cuts, location of signage. If a community without available staflidecides to revise its puking Ica. landscaping, and the like in commercial corridors. ordinance, the use of cosnsultism-a land-use attorney and a Special purpose zones. such as those oriented to in area of planner-is in order. These professionals should work histonc importance, also represent a new toot to apply in together to help revise and stnscmnn your orditwrce. The zoning ordinances. planner the responsible for•orga firing and ryh1 the orortun dptame. The ataomey should One of the best way % to get a sense of the structure of the be the person responsible for making sun dual the ordinance ordinance, its gaps. and iu needs is to do an outline of the complies with all applicable laws. Together these ordinance. This oudine should be done section by section. At professionals, working with your staff, will be in a position to the completion of the outline. you should review it and carefully review the ordinance, identify strengths and determine whether there are major sections missing. weakresfes, and make recomnsindations as to how the Whtle a comprehensive revision of your ordinance may be ordinance can be restructured. 71e revised ordinance "Id the best way to solve the problem. an interim action is to be an effkient and easy-wilin document, and one that will establish a key-term index. The zoning administrator should help to execute the land use, urban design, housing, identify the terms that are most important to everyday environnnenul, arsd qualityof•lih policies of the community. administration of the ordinance. If yourordinanee is I mainwted on a word processor or a computer with software that can search for key terms, an index will be nary to prepare. T1,4 rAJ Uww n a „writ, "aik.t. b .rr,ir„ w am Flnexy Are,,,,,, 1 If not, you w ill have to read the ordinance to identify when lira r "Knowe errarca wno a at Arwnua nwra Aunt MwA t.r,A these terms are located in the ordinance and then prepare a sra1Awe. frwvri•e o„w.o.. Fw,a s. sec. No" 114tMnr enerwr key-term index. The zoning administratur is probably the feat raw PAr Arrws • ror.r r ArA. nwAw IlrurM ale rr.e. Ares, WMAN, person to prepare a list of key terms because he or she may 4°11eA1 UW most often have to answer questions about the ordinance. Most cat+ ar"M Aww,ru n« ut 1311111 s~ a „C" es' tt ,01" A~ No 1 of the user questions brought to the adminisarator may be vtAUeaAreu A.a, w W. wwh.pa. tK xoe questions such as Can do you do this?, Where do you find An Msw WrM NO out of raw 1AM,rtwA way a mired 0 died -A ,ar this?. or Where is this defined? A key-term Index will go a tang n h " AAwrir. rlaA It iii MP R". Arbeewa pvaa0071As rkwMAt long way toward letting users find their own answers. by &nyN io MWIP Will MVi nrwi"• • awl" ot"AWw -0 •nl,As MM M Fortunately, the simplest way to diagnosis a zoning ordinance is to read it. Mark sections that aunt clar, don't make sense to you. or apparently conflict with swirling you've read be fore. Prepare a matrix of 'IN lieu' in each district and identify the uses that you don't think should be is that district or that appear to be missing from that distncl. As a • start, you mi ght want to run down the checklist that is in the box. Answering the se questions will belpyou evafuau your ordinance. How to Fla the Ordinance If, after your evaluation. there are parts of the ordinance that should be revised, several courses of action are open to your community. If the revisions an limited to a particular section of" ordinance, the amendment of that section is in order. If the problems identified tend to be reflected in many portions of the ordinance, however, it mightbe best toconsider a comprehensive revision. If the community is currently completing a comprehensive plan. a comprehensive revision that links the plan and zoning ordinance better and that solves administrative and structural problems is your bat bet. a i i t C ITY COUNCIL 1. ooo~p0 oaoao aaf ooo oce ~~,j~a ~ 01 } ~ R 00 F ~ i } 4 ~ 11-- Y 1-r ~ J yrL1. f v r i i CITY COUNCIL= I { o~ooaaoooxo , DO~i ° r ° f JOO a~0`, ro00` 0 O o i q O~ aro k S E+"`~' ♦ay {y Y I r h { May 15, 1990 I f ` ~tt f I CITY COUNCIL WORK SESSION t TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Lloyd V. Harrell, City Manager SUBJ: CONSIDER A RESOLUTION OF THE CITY OF DENTON, TEXAS, EXPRESSING ITS INTENT TO CONTRACT TO PURCHASE FROM THE UPPER TRINI'iY REGIONAL DISTRICT A PORTION OF THE RAW WATER OBTAINED FROM THE SULPHUR RIVER BASIN BY THE DISTRICT BY CONTRACT WITH THE CITY OF COMMERCE AND PROVIDING FOR AN EFFECTIVE DATE. 1 RECOMMENDATION: j Not applicable. SUMMARY/BACKGROUND: Attached is a resolution regarding a raw water supply from Cooper Reservoir via a contract with the City of Commerce. Also attached is the proposed contract between the Upper Trinity Regional Water District and the City of Commerce. The City of Commerce is prepared to enter into this agreement. Prior to doing so, the UTRWD needs assurances that there are member cities or water purveyors that are willing to guarantee the fixed costs of this project until such time that the UTRWD has operating funds. Although this water is being made available to the UTRWD, the h UTRWD does not have funds at present to fund the estimated $250,000 cost for 1991. Since Denton, Lewisville, Highland Village and the Denton County Fresh Water District No. 1 have been the only entities indicating a willingness or ability to consider funding this project, it has been proposed that these entities be guaranteed 6 MGD of the 11.72 MGD available. Under such an arrangement, Denton would be guaranteed two (2) MGD in exchange for funding 33% of the initial costs, Lewisville- two (2) MGD for 33%, Highland Village-one (1) MGD for 16.59 and FWD #l, one (1) MGD for 16.58. Later, when the UTRWD has water contracts with other Denton County cities, Denton would be reimbursed for fitly percent (508) of the 338, but would still retain the rights to two (2) MGD. Those proposals are all still F.I I • • J I I I'. 1 {fit 1 Page 2 1 possibility that and there is a stages to fund a in preliminary discussion be able at this time other area cities may proportionate share. FISCAL IMPACT: et for Cooper Reservoir Water Project The estimated JTRWI) budhe following cost components: will be $250,0000 h haav ving j of Commerce for their Legal Fees $50,000 o payment to ~ityst several years etc., for the pa o Legal 6 regulatory fees to get water transferred 50,000 from Commerce to U`PkWD for debt o Payment to Corps Of Engineers raph7ofService on reservoir (see p9• 2, parag 63,241 attached contract) o Engineering study to determine most feasible method of transporting water from 86,759 Sulphur River Basin to Trinity River Basin $250,000 TOTAL 1991 Est. Budget Denton's Share $83,500 33% of Estimated 1991 Budget of $250,000 There are uncertainties about the political and regulatory feasibility of securing tsimilarreruncertainties and thdifficult for Denton county area. However, issues will be encountered with any and regulatory county attempt to political a that Denton and Denton water supply e any future water will have to come from either revs secure since River Bas' n . Because a the of our wastewater oreCS Trinity ra:tisf erred from so arenthcr gional basi~l into the Uppotential water supply and app the staff timeliness of this p er Reservoir water, and statewide support with the Coop would recommend approval of this resolution. k w Z ~ t r r A 1 i i i i• 1 4 Page 2 in prel urinary discussion stages and there is a possibility that other area cities may be able at this time to fund a proportionate share. FISCAL IMPACT: i The estimated UTRWD budget for Cooper Reservoir Water Project will be $250,000 having the following cost components: o Payment to City of Commerce for their Legal Fees etc., for the past several years $50,000 o Legal s regulatory fees to get water transferred 50,000 from Commerce to UTRWD o Payment to Corps of Lngineers for debt service on reservoir (see pg. 21 paragraph 7 of attached contract) 63,241 i o Engineering study to determine most ' feasible method of transporting water from Sulphur River Basin to Trinity River Basin 861759 TOTAL 1991 Est. Budget $250,000 i Denton's Share 338 of Estimated 1991 Budget of $250,000 $830500 There are uncertainties about the political and regulatory feasibility of securing this for Denton and the difficult County area. However, political and regulatory issues will be encountered with any future water supply that Denton and Denton County attempt to secure since any future water will have to come from either reuse of our wastewater or as water transferred from some other river basin into the Upper Trinity River Basin. Because of the timeliness of this potential water supply and apparent regional and statewide support with the Cooper Reservoir water, the staff would recommend approval of this resolution. e i G k ti i t PROGRAMS, GROUPS OR DEPARTMENTS AFFECTED: Denton Municipal Utilities, City of Denton, Water customers, Upper Trinity Regional Water District, Legal Department, city Council, City of Commerce. Resp fully submitted, L1 d Harrell Prepared/Approved by: City Manager -C R. E. Nelson, Executive Director Department of Utilities II1`1 I I Exhibit A Resolution B Contract C Minutes of PUB Meeting of 4/24/90 6754U:9-11 i I I I i i i RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON, TEXAS, EXPRESSING ITS INTENT TO CONTRACT TO PURCHASE FROM THE UPPER TRINITY REGIONAL DISTRICT A PORTION OF THE RAW WATER OBTAINED FROM THE SULPHUR RIVER BASIN BY THE DISTRICT BY CONTRACP WITH THE CITY OF COMMERCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Commerce has rights to approximately 11.72 million gallons per day of water in Cooper Reservoir on the Sulphur River, which is excess to its current needs; and WHEREAS, the City of Commerce approached the Upper Trinity Regional Water District regarding its interest in purchasing the excess water for use in Denton County; and WHEREAS, the Water Master Plan for Denton County identifies the Sulphur River Basin as a probable future source of water for Denton County; and WHEREAS, the District has determined that the cost of water in Cooper Ros,jrvoir is very favorable, compared to alternate sources; and i WHEREAS, the District is negotiating a contract with the City of Commerce which provides for the purchase of water by the District for up to one hundred years; and i WHEREAS, the terms of the Contract require the District to reimburse the City of Commerce for its cost and to pay the cost of obtaining regulatory approval to authorize the interbasin transfer of the water to Denton County; and WHEREAS, the only source of funds to the District to fulfill its financial obligations under the contract is from contracts with member entities to purchase the water and guarantee payment; and WHEREAS, the District proposes to apportion some of the water to certain entities on the condition that they provide interim financing to implement the contract; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTION 1. That the City of Denton hereby expresses its support to the Upper Trinity Regional Water District for attempting to assure an adequate and reliable water supply for the region. I l SECTION II. That the city Council of Denton indicates its ` intention to enter into a contract with the District to purchase and guarantee payment for at least two (2) million gallons per day of the raw water to be obtained under the proposed contract between the District and the City of Commerce. SECTION II7,. That under the contract with the District, the City of Denton, along with other entities and in return for the f senior right to obtain a portion of the raw water the District purchases from the city of commerce, intends to provide to the District a pro rata share of the interim financing necessary for the District to implement the contract with the City of Commerce. Interim financing is intended to be provided for about three years, which is the estimated time necessary for obtaining regulatory authority of the interbasin transfer and to prepare an engineering report regarding alternatives for transporting the water. It is expected that the interim financing provided by the City of Denton will be assumed and repaid by all the entities who participate in the District, on a pro rata basis. SECTION IV. That this Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1990. BOB CASTLEBEP,RY ATTESTr JENNIFER WALTERS, CITY SECRET 1RY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY I BY: r% kkp-~ commer r s PAGE 2 i i r EAC11iii . January is, 1989 Potential for Purchase of Water yrom~r City of Commerce in Cooper Reservoir Eopkins and Delta Counties Approximately 70 Miles Uat of Denton 1. Three parties contracted with the Corps of Sngineers (COS) in 1968 to build Cooper Reservoir on the Sulphur River. a. North Texas Municipal Water District, b. City of Irving, e. Sulphur River Municipal Water District. 2. The Sulphur River Municipal Water District is composed ofi a. City of Commerce„ b. City of Sulphur :'priags, c. City of Cooper. 3. The approximate rights held by each party arej 1 Axency Yield NTMWD 39.31 agd Irving 39.31 mgd Commerce 11.72 mgd Sulphur Springs 13.18 mgd Cooper 3.12 agd 10~6.64mgd 4. Because of delays in completion of the project, the City of Commerce made alternative arrangements for a water supply out of Lake Taws- koni. Commerce anticipate no need for the water in the foreseeable future; therefore, they have indicated an interest in selling all or a portion of the water under terms that allow them access to the water in the future. 5. Several discussions about the water have taken place between the City of Commerce and the Upper Trinity Municipal taster Authority, Inc. since November 17, 1988. The City of Commerce has retained a consulting engineer to assist them in finding a buyer. Agencies other than UTMWA also have been contacted. e r I L I. Page 2 Potential for purchase of water January Is. 1909 i E 6. The project has a favorable interest rate (loss than 42) coemitted ' in the COE contract. It is anticipated that the federal government will honor the interest rats upon completion of the project, sche- duled for 1991. 7. Based on Corps of Engineers estimates provided to the City of Con` scarce, the coat, including annual debt service and 06H aspens its 11.72 old yield, will bet Annual Payment $11000 gal. Years 1 to 10 : 63,241 50.015 Years 11 to 50 255,625 0.060 Years 51 to 60 192,305 0.045 These costs are for raw water in the reservoir and do not include pumping, transmission or treatment. These costs are subject to change based on actual costs for the project. 8. The board of UTHWA is of the opinion that acquisition of this water resource for Denton County is consistent with the muter plan and is in the best interest of all participants in the regional system. Negotiations with Commerce are underway to daterm!ne if a mutually beneficial agreement can be made. 9. If an agreement to obtain this water can be negotiatedo other action will need to follow. a. Evaluate alternatives for transporting the water to Denton County. b. Obtain coommitm ats from one or more entities in Daiton County to guarantee payment for the water and to participate with UTNWA in arrangewnts for transportation and use. 10. The first payment for the water will be due upon completion of the project, scheduled for 1991. ~ ` r h~ I t 1 1 • t }YR01/ ~ i 1 ~ ~ fa. ~ ~ 4 • ~ i S ~ ~ ~ ~ • ~ ~ E . ~ ~ i rMM YIN" ~vTMOAII[D I [ToRA4C f 1SI ~ It t IL 440A aw [T011, II MTMWO i f ~ 100,4!4 N-R , 44,030 N • f Vy► (7~.~61/'A.I i IRVIMG 4 Lori I 44,030N • I f/p CONSl~ 70OIITA4g - I SRMWD IULPMR SPFtMS • IS2,740 N•fr) ' 31,340 N•fr/r 71,750 ad-ft (2424t 4000 11CE ~ (50/!00 N•frl 14,000 is ft) EL414,4'Igf S7r000'N•h SEDIMENT STONA4t COOPER RESERVOIR 14OVEMSE01 ALLOCATION OF WATER RIGHTS 1444 II D R F ' t Itr` I I . A9~naa~ i f ,i WATSR SALE CorMCT by and between the City of Coaaarca, Texas and the 9PPar Trinity Regional Natar District Dated 1989 t WATER SALE CONTRACT TABLE OF CONTENTS i P~ RECITALS.......................................... 1 ARTICLE I SafalLil ' 1.01 ~tiaiLiQat 6 1.02 ZXhiblU 9 ARTICLE II Sale of MLUX j 2.01 9 2.02 Ouantity 9' 2.03 Timina of Sales of Water from Commerce's initial and Future Water Storage Rights.,.... 10' 2,04 agreement to Chance Purpose and Place of Uss Of Water,,,,,,...4$t..........a......Gas 11 j 2,05 agreement to Request Use of Mater from Sediment Staracs...a 12 2.06 Delivery Point 13 2.07 Desian and Construction of Diyeraion and Transportation Facilities................... 13 2.09 TTite to . anggnl•t•••....... 11 2.09 and Ragit4bsibi u X for Nater 16 2.10 QUA l!ity of Mater 17 2611 Y ! . . . . . . , . O G G 0b o . a . a . . 17 ARTICLE III Termst Renewals Mtional Terminationt Curtailment of Mater Servicat Emerge cy Mater Use by Commerce 3.01 21 3.02 initial Termination Option by Commarce Up to a•Total of Twenty-fiya Percent 129!1 of Contract Amlm=-O a 24 3.03 Second Termination Option by Commerce Up tea etal of fifty Percent ISM of Contract Amount.....a 25 3.04 Third Termination Option fir Commerce Up to ■ Pull Contract Amount 26 ! r C I~ 3.05 ale of Water After Expiration of Third Tern but Prior to pull Exarcisa of Third Tamit>stian nOt oR .............e............• 28 3,06 ►'rnuavaiability. Discontinuance or n+Traiimant of or Service 28 3.07 Ont on for Purchasa of ~ntazast in Capacity or Mater la~,illtia8 I~nnn Exarcise_of TerainatioR Qptions 29 ` 3,08 Asti--- in Event of Unenforceability of Certain Provisions of contract* 31 3.09 Eagj=gy Supply t0 Caamsrca,...........e...• 31 3.10 &gtians y UTRWD Upan Motics of Taraination ~Y CoaaR 32 3.11 ~tomatie Pric Adjustment Related to Mater =rpm ke Ta okani 33 r ARTICLi IV ~S.luj1L?~ 4.01 Pavaents are 0peratitgz'ceensas 34 4.02 Rata Covenant...e.......e .................a. 34 4.03 AdyjjjM Committee' Coordination............ 35 t Assurance 4.04 Raay+~ a o and Ot ar Approvals Q~ isasibillty o Tr nsortation sacilitiest Ughts of Ta 'nation 35 ~ 4.05 I71dlmDiff6LLSGII 36 4.06 R medias Upon Default... 38 4.07 aurelum Mater or Capacity of UTRWD.......... 39 4.06 Contractsr Athar Water RiQ~.......e....... 39 4.09 !arcs Ka4aU~ 40 4.10 saverabilit,y 41 4.11 Modification 41 4.12 Addresses and Mcticea;........oseee.......see 42 42 4.13 Aasigpability 4.14 Time of th• EsBonce............ 42 4.15 Authority of Pa iV *xe t n Aoreeaant.... 42 4.16~ 42 i i i I DRAFT ' p9iisfa9 r , l WATER SALE CONTRACT 1 1 This Water Sale Contract (the "Contract") by and between the City of Commerce, Texas ("Commerce"), a hose rule city, and the Upper Trinity Regional Water District ("UTRWD"), a political subdivision of the State of Texas organized and operating under Article 160 Section 59 of the Texas Constitution, is made as of the day of r 1969. RECITALS WHEREAS, the United States Army corps of Engineers (the "COR") is in the process of constructing Cooper Reservoir* (the "Reservoir") on the Sulphur- River, which Reservoir will have storage capacity to impound approximately 404,400 acre-feet of water, including 173,000 acre-feet of water for municipal and industrial water supply purposes (between elevations 415.5 and 440.0 feat msl) and 131,400 acre-feet of water for flood control storage (between elevations 440.0 and 446.1 feat asl)i WHEREAS, the COR has entered into agreements with North Texas Municipal Water District ("North Texas"), the City of Irving ("Irving") and the Sulphur River Municipal Water District (*SRMWD") whereby said entities collectively have agreed to purchase one hundred percent of the water storage space in the Reservoir for municipal and industrial water supply purposes, copies of said F • attached hereto as Exhibits "A", "8" and "C", agreements being respectivalyt to evidence its purchase of said water storage space agreement With the C0E (Contract No• SRMWD has entered into an Supplemental Agreement 101 supplemented and amended by f DACW29-66-A- " SF3" Contract"), a COPY No. 1 on July is, 1976 (jointly, the COE/ ■ + or for the purchase of of which is attached hereto as Exhibit Wstar'Storage space in the a total of 71,750 acre-Laet of sting SR?tMD Reservoir for municipal and industrial purposes, obligating SRKWD to pay (the during years i-50 after completion of constructic in the Reservoir) for 17,750 acre-feat of said water storage i du tsiel Water Reservoir as a source of initial municipal and to pay (during supply (+SpjMs s initial Mater Storage Rights") lotion of construction of the Reservoir) for years 11-60 attar comp in the an additional 54,000 acre-feet of said water 9t G00 space ce water &M industrial Reservoir as a source of future memiaipal supply ("M MP's tniture water storags Rights")t WHEREAS, the COS/SpXWD Contract provides that SRMWD may, at accelerate the timF of payment for, and the 9010 option of SRNWo, right to use of, SRMMD's Future Water Storage Rightst rmittsd by the Texas ' WHEREAS, the total annual diversion W "TMC") from the Reservoir by SRMWD, North water commission (the 130.8 mqd) , being Texas and Irving is 146,520 acre-feet per annul 70% for municipal use and 301 for industrial use; .2- ; agreements being attached hereto as Exhibits "A", and "c", respectively) 1 WHEREAS, to evidence its purchase of said water storage space SRNWD has entered into an agreement with the 001 (Contract No. f ~ DAC.$29-68-A-101 supplemented and amended by Supplemental Agreement No. i on July 15, 1976 (jointly, the "COE/SR)MD Contract"), a copy of which is attached hereto as exhibit "D", or for the purchase of a total of 71,750 acre-fast of water storage space in the Reservoir for municipal and industrial purposes, obligating SRMWD to pay (during years 1-50 after completion of construction of the Reservoir) for 17,750 acre-feet of said water storage space in the Reservoir as a source of initial municipal and industrial water supply ("SRMWD's Initial Water Storage Rights") and to pay (during ` years 11-60 after completion of construction of the Reservoir) for an additional 54,000 acre-feet of said water storage space in the Reservoir as a source of future municipal and industrial water supply ("SRNWD's Future Water Storage Rights"); WHEREAS, the CON/SRMWD Contract provides that SRNWD may, at the sole option of SRNWD, accelerate the timeP of payment for, and right to use of, SRNWD's Future Water Storage Rightst WHEREAS, the total annual diversion permitted by the Texas Water Commission (the "TWC") from the Reservoir by SRMWD, North Texas tnd Irving is 1460520 acre-feet per annum. (130.6 agd), being 706 for municipal use and 30% for industrial user -2. . WHEREAS, firm yield studies performed by various engineers have indicated the firm yield of the Reservoir to be 106.64 mgd or 81.32% of the total annual diversion amounts permitted by the TWC s to spXWD, North Texas and Irving, collectivelyf WHEREAS, SRMWD has obtained approval of and authorisation for storage, diversion and use of water available from its wester storage space in the Reservoir under Certificate of Adjudication No. 03-4797 ("CA No. 03-4797"), a copy of which is attached hereto as Exhibit "E", and Permit No. , a copy of which is .attached hereto as Exhibit *F", from the 7WC1 WHEREAS, CA No. 03-4797 authorises SRMWD to divert and use 38,520 acre-Net of water per annum from the Reservoir for municipal and industrial purposes (being 704 for municipal use and 30% for industrial use)! WHEREAS, SRKWD has entered into agreements with Commerce, the City of Sulphur Springs ("Sulphur Springs") and the City of Cooper ("Cooper") (copies of said agreements being attached hereto as Exhibits *G", "H" and "I*, respectively) whereby said cities collectively have contracted to purchase one hundred percent of the water stored and made available for diversion and use ',y SRMWD's Initial and Future Water storage Rights in the Reservoirs WHEREAS, Coamerca, pursuant to the agreement attached as Exhibit *Q" (the "Commerce/SRMWD Contract") has agreed to purchase 30,000 acre-feet of SPXWD's Initial and Future Water Storage Rights in the Reservoir, which 30,000 acre-feet consists of 8,000 -3- I I I i i acre-feat of SRltWD's Initial Water Storage Rights ("Commerce's initial Mater Storage Rights") and 22,000 acre-feet of SRNWD's Future Mater Storage Rights ("Commerce's Future Rater Storage Rights")i WHEREAS, Commerce is entitled to 41.812% of SRXWD's 710750 acre-feet of initial and Future Mater Storage Rights in the Reservoir and is therefore entitled under CA No. 03-4797 to the diversion and use of a total of 16,106 acre-feat of water per year from the Reservoir acre-feet (4j294 per year under its initial Water Storage Rights and an additional 11,912 acre-feet under its Future Water Storage Rights), being 701 for municipal use and 301 i for industrial use ("Commerce's Available Permitted Mater")l I RHEREA9, Commerce's portion of the Reservoir's firm yield is a total of 17,122 acre-feet per ya3r (9,498 acre-feet per year under its Initial Mater Storage Rights and an additional 9,624 a.zrs-feet per year under its Future Rater Storage Rights), being 701 for municipal use and 708 for industrial use ("Commerce's Available Firm Yields) WHEREAS# it is presently estimated by engineers that the firm yield of the Reservoir could possibly be increased by approximately ~ ~1~1 by securing permission from the COS a,-d TUC to utilize the 370000 acre-feet of sediment storage space in the Reservoiri . WHEREAS, Commerce is willing to sell water from the Reservoir on a temporary, interim basis, only with the clear and unequivocal agreement and understanding between Commerce and UTRRD as provided .4- I Ill 1 • M I~ f h in this Contract that Commerce may terminate or curtail, either ' partially or wholly, the sale of such water to UTRWD for the reasons, at Cis times, to the extent of and under the ,terms and provisions provided in this Contract and may enforce such termination or curtailment by mandamus or other remedy as provided herein or by applicable laws WWYAS, UTMM (and its prodacessor, the Upper Trinity municipal water 1►uthority, Inc.) have w~used various engineering studios to be made to determine the availability and cost of various potential rev water supplies to UrRWD and its somber citiest WHEREAS, UTRWD intends to obtain additional water from other sources at later times to meat the further needs of its customers and agrees to timely replace the supply of water provided under this Contract at such times as water service under this Contract may be curtailed or terminated, either wholly or partially, and in that connection, UTRWD agrees to timely undertake and complete the reasonable planning and construction efforts to obtain such 1 additional replacement water supplies) ' J WHEREAS, V-rRWD desires to acquire water from Commerce from the Reservoir on a temporary, interim basis under the terms and provisions of this Contracts and MHER;dAS, Commerce desires to sell to UTRWA water from the Reservoir on a temporary, interim basis under the terms and provisions of this Contracts I i I i r i in this Contract that Commerce may terminate or curtail, either partially or wholly, the sale of such vater to UTRWD for the reasons, at the times, to the extant of and under the.tarms and and may enforce such Contract provisions provided in this termination or curtailment by mandamus or other remedy as provided herein or by applicable laws NtiY►.REAB, UTRwD (and its predecessor, the Upper Trinity Municipal Water Authority, inc.) have caused various engineering studies to be made to determine the availability and cost of various potential raw water supplies to UTRwD and its member citiest UT.AWD intends to obtain additional water from other sources at later times to moot the further needs of its customers and agrees to timely replace the supply of water provided under this Contract at such times as water service under this Contract may be curtailed or terminated, either wholly or partially, and in that connection, UTRIPD agrees to timely undertake and complete the reasonable planning and construction efforts to obtain such additional replacement voter supplies? WZREAS, vTRVD desires to acquire water from Commerce from the Reservoir on a temporary, interim basis under the terms and provisions of this Contracts and wHZREAS, Commerce desires to sell to UTRWO water from the Reservoir on a temporary, interim basis under the .torso and provisions of this contracts r ~r i NOW, THEREFORE, for and in consideration of the promises and the mutual covenants and undertakings of the parties hereto, the sufficiency of which is hereby acknowledged and agreed upon, the parties hereto agree as follows ARTICLE I 291UM& 1.01 Definitions. "Additional Tars" means a period of time beginning at the and of the Third Term and thereafter continuing for a period of SO years. "CA No. 03-4797" means Certificate of Adjudication go. 03-4797 issued to the Sulphur River Municipal Water District by the Texas Water commission. "COE" means the United States Army Corps of Engineers. "COE/SRMWD Contract" means, collectively, that 1certain agreement (Contract No. DACW29-68-A0101) dated March 29, 19680 as supplemented and amended by Supplemental' Agreement- No. 1 dated 1 July 15, 1976 between the United States Army Corps of Engineers and the Sulphur River Municipal Water District for the purchase of a total of 71,750 acre-feet of water storage space in Cooper Reservoir by the Sulphur River Municipal Water District. "Commerce" awns the City of Commerce, Texas. "Commerce's Available firm Yield" means Commerce's share of that amount of water which can be continuously supplied from Cooper Reservoir on an annual basis through the worst drought of record, said amount presently being estimated to be 13,122 acre-feat par year. "Commerce's Available Permitted Water" means Commerce's share of the amount of water permitted under Certificate of Ad udication No. 03-4797 for diversion and use for municipal and Industrial purposes, said amount being 160106 acre-feat per year. "Commerce's Future Water Storage Rights" means Commerce's additional share of the available municipal and industrial water storage capacity in Cooper Reservoir for future use under the COX/SRMWD Contract by payment in years 11-60 after completion of construction of Cooper Reservoir or at such earlier time as .6. River sa deamour►tdbsingh'tI,000 ace u tiaiiti al Mater District may request, net* •Cgaasrce's Initial Termination option" means the right of Cervices under Section 3.02of egional Water Dist ictlin an amount service a the Upper Trinity to twenty-five percent (45!) of the water otherwise comitte hereunder. "Commerce's Initial Mater Storage Rights" means Commerce's share of the available municipal and industrial water storage der capacity Cooper ins years 1-50 after initial completinon o! construction Contract by y pays of Cooper Reesrioir, said amount presently estimated to be 6000 acre-feat. "Commerce's Second Termination option* means the right of Commerce under 6ec eir Trinity Regional water Districtlin an amount up to service to fifty the percent (sot) of the water otherwise committed hereunder. "Comas rce'% Third Termination option" means the right of to partially or Commerce under Section 3.04 of this Contract Trinity Regional Meter totally terminate service to the Upper District in an amount up to all of the water otherwise committed hereunder. "Completion Data" means the earlier of the data of completion of construction of Cooper Reservoir as certified by the United States Army Corps of Engineers or the date upon which the Corps of bygsulphur River Xunicipal Mater DistrictroroCummerce.sd and used "Contract" suns this contract. "Cooper" means the City of Cooper, Texas. "Delivery Point" means the point or points on the perimeter of Cooper Reservoir or as otherwise agreed herein at which Commerce agrees to provide water under this Contract to the Upper Trinity Regional Vater District. "Denton" magna the City of Denton, Texas. "emergency" means a sudden unexpected happenings an unforseen occurrence or conditions a sudden or unexpected occasion for actions exigency; pressing necessity) or a relatively permane condition of disturbance o insufficiency of service or facilities resulting in social -7- a i t . endingF~oal Year" means the next September 70. Com Period a9'lnnin " Initial 4 each Pietlon pate erm" means period October l and and thereafter continue 4 lo~efiel~q on the "Irving" sea na the City of Irving Y (50) Years. "Lavirvllle" seam ' Tuns, the ableeto scans the set r City of Lewisville, Texas. agree to VTRWD here der ,sties to miasurci1ltY, or h ,,jam mutually "North Texas" the amount Of water Provided "Reservoir" means North T.O. Muniolpai Nate means Cooper "second Rere r Distrlot. emp rvoir on Ore tntYttlve (ZS the" Initial Te period ~~SUlphur River, 1 Years. n and thereafter Commencing upon "31tkT~D" xj, for means the Sulphur River Kunio! ` HunlciSAM"Is Future Water Wl Mater continultDistrict. municipal Water Distriw a Storage Rights" for futur and Industrial water additional sharmeans sulphur River 12.60 a attar lithe Domes the roE storage ospacit of th le at su e earlier tim~letion of constrv ontract bynp~ooPer Reseyt avaeiable requ On Said amounts ~i u s.u pop for loipalCo per Reif vo earn r or J&D e available a initial Mater feet. may pe1'oontRe eroir o., In andSlndu triilhts" sans SRkWD~ for initial use eater store • share of Reservoir, said s Oun after complitio r the COEfts qe capacity in "Sulphur 8prin4s" beIng 17,750 acres feet~,stryRc ~oolrCoaper "Termination teens the City of of Date Sulphur Springs, Texas. Commerce to pr~+lde seam the data District under rater upon which action or Inaction eContract to uPf'ar Trenity, r e obligation " will hi one pa onal Termination `ltoly tersinste by reason ter Option Options" rte's provided . of Second scans herein. COamercet Tersination Option. Terminatio Option Initial Termination and c:oamercets Third i i "Fiscal Year" means the period beginning each October 1 and ending the next September 70. "Initial Term" meana a period of time beginninq on the Completion Date and thereafter continuing for fifty (50) years. "Irving" means the City of Irvinq, Taxes. "LAvisville" means the City of Iwvieville, Texas. "Nster" means the meter, facility, or mechanism mutually agreeable to the partias to measure the amount of water provided to UTRWD hereunder. "North Texas" means North Texas Municipal Mater District. "Reservoir" means Cooper Reservoir on the sulphur River. "Second Term" means a period of time commencing upon expiration of the Initial Term and thereafter continuing fc: twenty-five (25) years. "SRMWD" means the Sulphur River Municipal Mater District. "SRNWD's Future Mater Storage Rights" means Sulphur River ` Municipal Water District's additional share of the available munioipal and industrial water storage capacity in Cooper Reservoir for future use under the COX/SRNWD Contract by payment in years 11-60 attar the completion of construction of Cooper Reservoir or at such earlier time as Sulphur River Municipal Water District may request, said amount being 54,000 acre-toot. "SRWWD'm Initial Water Storage Rights" moans SRNWD's share of i the available municipal and industrial water storage capacity in Cooper Reservoir for initial use under the COL/SRMWD Contract by payment in years 1-50 after completion of construction of Cooper Reservoir, said amount being 17,750 acre-test. "Sulphur Springs" means the city of Sulphur Springs, Texas. "Termination Date" means the data upon which the obligation of Commerce to provide water to tipper Trinity Regional Water District under this Contract will totally terminate by reason of action or inaction of the parties hereto as provided herein. "Termination options" means Commerce's Initial Termination Option, Commerce's Second Termir.9tion Option and Commerce's Third Termination option. I j i "Third Term" means a period of time commencing upon expiration t of the Second Term and thereafter continuing for twenty-five (25) years. "TWC" means the Texas Water Commission. "UTRWD" means the Upper Trinity Regional Water District. 1.02 Exhibit[. All exhibits attached hereto are true and correct copies of the originals of same and are hereby incorporated by reference herein for all intents and purposes. ARTICIA ii Bale of Water I ~ 2.01 tea, Commerce agrees to sell to UTRWD and UTRWD hereby agrees to purchase from Commerce an amotuit of raw water from the Reservoir equal to the total amount of water to which commerce is entitled from Commerce's Initial Water Storage Rights and Future i Water Storage Rights in the Reservoir under the CON/SR31ND Contract, CA No. 03-4797 and the Commerce/SR1M Contract all in accordance with the terms and provisions, and for such interim, temporary period, set forth in this Contract and all subject to, and limited by, the terms and provisions of the CON/SRMWD Contract, CA No. 03-4797 and the Commerce/04M Contract. 2.02 Quantity, Subject to the provisions of Sections 3,02 - 3.03 of this Contract, commencing on the Completion Date, Commerce agrees to sell to UTRWD and UTRWD agrees to purchase from Commerce at the Delivery Point from Commerce's Initial and/or, as appropriate, Future Water Storage Rights in the Reservoir under the Commerce/SRMWD Contract, the COS/SRNWD Contract and CA-04-4797, -9- I a total maximum count of 16,106 acre-fast per year of permitted diversion or 13,127 mere-feat per year of estimated firs yield of I the Reservoir. 2003 Timilla e sa 11.1111111,1111111 of Mater fU111111 CQUIU !J ini'1~ ` Future Mater Stor ce R~eh s, The water agreed to be mold to unwD i by Commerce under this Contract is based on Commercels initial and Future Mater Storage Rights in the Reservoir. Collectively, the COX/SRRWD Contract and the Commerce/SRAWD Contract provide that Commerce will pay for its share of principal, interest and maintenance expenses of the Reservoir for Its Initial Water Storage t Rights in annual installmwnts during the first fifty (60) years alter completion of construction of the Reservoir as certified by the CON and for its Future Water Storage Rights in years eleven (11) through sixty (60) after completion of the Reservoir as certified by the Cps (the "Completion Date"). However, Commerce has the right under the Commerce/SRMWD Contract to require SRMWD, pursuant to the CON/SRMWD Contract, to accelerate access to and use of Commerce's Future Water Storage Rights in the Reservoir and, in the event of such acceleration, payments by Commerce to SRMWD and from SRMWD to the CON are accelerated. UTRWD hereby agrees that the amount of water to which it is entitled under this Contract during the first tan years after the Completion Date shall be limited to water made available by i Commerce►s Initial Water Storage Rights (4,294 more-feet per year of permitted annual diversion or 3,498 acre-test per year of ~ I -30- i E I estiwated firm yield) unless UTRWD notifies Commerce that it desires to accelerate access to and use of Commerce's Future Water s Storage Rights during the initial tan-year period after the Comple- tion Date, in which event Commerce shall accelerate its right to Future Water Storage Rights in the Reservoir under the Com- serce/SRKWD, Contract (and, correspondingly, SRMWD shall accelerate its right to Commerce's Future Water Storage Rights in the Reservoir under the COt/SRXWO Contract). In the event of such acceleration, UTRWD agrees to accelerate its payments to Commerce as hereinafter provided for water sad* available by Commerce's Future Water Storage Rights. 2.04 agreement to angg Pumgsa and 21agA et time of Water. I CommercNs right to divert and use water made available by its initial and Future Water Storage Rights are designated for use only in the sulphur River Basin and are specified as seventy percent (701) for municipal use and thirty percent (30/):for industrial use in the COE/SRMWD Contract and in CA No. 03-4797. As further provided in Section 4.04 hereof, Commerce and UTRWO hereby agree to jointly use reasonable efforts to secure approval, it necessary, by the COE,.SRKWD, the TWC. and any other appropriate governmental or other entities of a change in the place and purpose of use of such water to add authority to divert the water for use in the Trinity River Basin within the District or its Qnvirons for I up to one hundred percent (1001) municipal purpose. -I1- i j 2.05 able efforts to use reason Coamerc• and to jointly VTRwo aqr to and to obtain approval o, d1C~, COE, "ll and discuss with, Twc and other appropriate entities for commerce to u 's and rata to UT1kWV water made available by accessinq Commerrcece m p sediment storage capacity in the Reservoir for share of any riod Of time. 7►11 municipal purposes for an interim or other M the amourt of which shall be reasonabls e,penssc of such efforts, expenditure there°!► shall be paid by SJTRwD, agreed upon prior to recently estimated to SRM's share of much sediment storage is p would thus be be 9720 acre-fNtt commerce's pro rata share 4064 aore-lest (410512% of 9720 acre-feet). if Commerce is I 1 approval to utillee eater sad* available successful in obtaining pro r ata share of sediment storage .pace in the from Commerce'm Reservoir, then any such additional water shall be made available the by Commerce to UTRKD under the ter" and condition~ract ~n der° y interimr temporary Period provided in, this Co id by UTRm for any such additional consideration to be w` Commerce for any expenses If I~ ei! incurred additional by eater shall be to reimburse sov~ding much water. Commerce in obtaining and P oes agree to enter I any such additional water is obtained, the Wr into a supplement to, and amendment of, this contract in order to further evidence the male of such additional water to UTR" by Commerce as provided herein- -12- I 2.06 Delivery Point. Water provided by Commerce to UTRVD under this Contract shall be provided at a point or points (collectively, the GDelivery Point") mutually agreeable to the parties hereto and subject to the approval of the Cat, S MM and any applicable regulatory authorities. 3.07 Dasign and Construction at Diversion and Transportation Facilities. (a) UTRWD, at its sole expense, shall install all facilities necessary to divert, transport, treat and, except for the 1 Reservoir, store water provided by Commerce under this Contract. All such facilities (other than the Reservoir) shall be initially constructed, owned, operated, maintained, repaired and replaced by UTRWD. Such facilities shall include a meter or other'facility or mechanism acceptable to both parties (the "Motor") for the purpose of measuring the amount of water provided to UTRVD under this Contract to ensure compliance with the terms of this Contract and to allow Commerce and SPJM to accurately report the amount of water diverted and used from the Reservoir. (b) it is the stated intention and clear preference of UTRWD to enter into an interlocal agreement with North Texas and/or others to finance, construct, operate and maintain joint diversion and transportation facilities, which facilities may or may not traverse Commerce or be located in close proximity to Commerce. In such event, UTRMD will provide Commerce with the location, design and construction plans and specifications of such facilities, -13- l~ 1 I t including the Meter, in advance of finalizing such plans or commencing such construction, for any comments and observations as Commerce may have., in the event the Meter is shared with Worth Texas or other diverters, the parties shall agree, prior to diversion by UTRWD, to P. method of allocating CTRWDIs use of water under this Contract as a portion of the total diversion through the Meter. (a) In the event UTRWD is unable to consummate an agreement as described in Section 2.07(b), UT'RWD will coordinate with Commerce the location, design and construction of facilities needed to utilize the water sold herein, including the route of any new water transmission main to be constructed. Comaarce will assist UT'RwD with any aprrovals required for rights-of-way within Commercels city limits. Design of, plans and specification for and construction of the raw water intake, raw water pumps, motor and raw water transmission main, or any replacements, improvements or betterments thereof, from the Reservoir through Commerce's city limits shall be subject to prior inspection, review and approval by Commerce, which approval shall not be unreasonably withhold or delayed. Prior to commencing construction of any such facilities, UTRWD shall provide at least sixty (60) days writtcn notice to Commerc4n accompanied by a copy of the plans and specifications for such improvements. Commerce shall have the right to review and approve any such plans and specifications (and any subsequent changes to -14- 1 i t or deviations therefrom), which approval shalt not be unreasonably withheld, prior to eoaaneing any such construction, UTRVD shall give Commerce at least thirty (30) days notice of its intent to commence such construction and commerce shall have the right to periodically inspect and approve such construction to assure its conformity to the approved plans and specifications, which approve shall not be unreasonably withhold or delayed. (d) To facilitate Commerce's having emergency access to a portion of the water in accordance with section 3.09 of this Contract, UTRND agrees, as part of its original construction, to install in its pipeline, at a location mutually acceptable to UTRWD and Commerce, an appropriate connection, tap or flange. The exact location, size, nature and configuration of the connection, tap or flange shall be determined by,subsequent engineering study, which study viii`, be made available to Commerce for review and approval, which approval shall not be unreasonably withheld or delayed. Any facilities desired or needed by Commerce, either initially or at a later date, in addition to the connection, tap or flange to be provided by UTRWD shall be provided, paid for, owned and operated by commerce. 2,08 fit. The motor may be calibrated at any reasonable time by either party to this Contract, provided that the party making the calibration shall notify the other party at least two (2) weeks in advance and allow the other party to witness the calibration. Further, the Meter shall be tested for accuracy by, i -IS- t r i and at the expense ot, UTRftD at least once each calendar year at intervals of approximately twelve (12) months and a report of such test shall be furnished to Commerce. However, in the .went any question arises at any time as to the accuracy of the Meter, the Meter shall be tested promptly upon demand of Commerce, the expense of such test to be borne by Commerce it the Mater is found to be within St accuracy and by UTRWD if the Meter is found to not be within Si of accuracy. If, as a result of any test, the Meter is four►d to be registering inaccurately (in excess of st of accuracy), the readings of the !toter shall be corrected at the rate of its inaccuracy for any period which is definitely known or agreed upon or, it no such period is known or agreed upon, the shorter oft' j (i) a period extending back either sixty (60) days from the date of demand for the test or, if no demand for the test was mads, sixty (60) days from the data of the Nstt or (ii) a period extending back half of the time elapsed since the last previous testt and the records of readings shall be adjusted accordingly. j 2.09 Title to and "I Rgnsibility for hater. Title to, and possession and control of, the water provided by Commerce under this Contract shall remain with Commerce (or, as appropriate, SPJWD or the COs) while it is in the Reservoir. Title to, and possession and control of, the water shall pass to UTRWD at the Delivery Point. I •16. I ? t i R I; i 2910 duality of Water. The water supplied by Commerce hereunder shall be raw, untreated water in its natural condition in the Reservoir. Water provided by Commerce to UTRWD. from the • i Reservoir under this Contract is provided As IS, MltOtE Is, AND WITHOUT ANY WARRANTIES OF WHATSOEVER NATURE, EXPRESSED OR IMPLIED, IT BEING THE INTENTION OF COMMERCE AND UTRWD TO EXPRESSLY NEGATE AND EXCLUDE ALL WARRANTIES, INCLUDING WITHOUT LMTATION, THE i IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE AND RIGHTFUL TRANSFER CONTAINED IN OR CREATED BY THE TEXAS UNIFORM COMMERCIAL CODE. 2.11 Price. in consideration for Commerce's agreement to provide water under this Contract, UTRWD hereby agrees to pay to Commerce the followings (1) The sum of $50,000 to reimburse Commerce for its costs in developing and administering its participation in the Reservoir to the date of this Contract. The $50,000 shall be paid by UTRWO to Commerce within six (6) months after the execution of this Contracts (2) All sums (including engineering, legal administrative, travel, telephone and other out-of-pocket costs) expanded by Commerce in attempting to obtain the regulatory approvals referenced in Baction 4.04 of this Contract, whether or not ruch approvals are obtaineds provided however, a proposed budget for such expenditurs. -17- S l f ` Q shall be first submitted to the Advisory Committee j created pursuant to Paction 4.03 of this Contract for its { review and approval and all subsequent expenditures }hall be submitted to said Advisory Committee for review prior to payments (3) Such amounts, at such times and in such installments, as necessary to enable Commerce to timely pay to SRMwD all amounts owed by Comoro* to SRMWD under the Commerce/SRMWD Contrast for Comore*'@ initial and Future Water Storage Rights in the Reservoir, including all amounts to pays (i) Comorce's pro rata share of annual principal and interest payments owed by SRMWD j to the COE under the COE/SRMWD Contracts (ii) Commerce's pro rata share of all amounts i owed by SRMWD to the COE for maintenance expenses of the Reservoir under the CON/SRMWD Contracts and (iii) all amounts owed by Commerce to SRMWD as a principal and interest reserve fund and/or maintenance reserve fund under the Commerce/$FJM Contract for Commerce's, pro rata share of SRMWD's share of the principal and interest and/or maintenance expenses of the Reservoir under the SRMWD/COE Contract. -le- 1 i r i I All payments required to made under this sub- paralraph 3 stall be made in installments so that at leash thirty (30) days prior to the time that Ca"rce must make such payments to SRtnm, it will have sufficient I funds available. Commerce shall provide UTRWD with a schedule of such payments by September 30 annually for the fiscal year beginning October 1 in order to notify 4 UTRWD of the amount and timing of such payments, provided, however, that such schedule may be modified during the Year as necessary to coincide with Commerce's obligation to BMW I (4) All reasonable and necessary costs incurred by 1 Commerce directly or through SPJM for administering Commerce's initial and Future Water Storage Rights. UTRWD shall not be obligated to pay to Ccmmeroe or any other person costs for any project or activity of such person except those costs which ■re directly related to Commerce's initial and Future Water Storage Rights that are the subject matter of this Contract. Commerce shall submit a statement to UTRWD at the conclusion of each fiscal year of Commerce detailing the direct costs to be paid by tTTRMO under this subsection. if UTRWD disputes the amount of costs to be paid by it to Commerce, UTRWD shall nevertheless pay such costs, but if it is subsequently determined by mutual agreement or otherwise -19- I i I~ that the amount Of Such disputed coats should have been more or lose, Commerce shall promptly revise and reallocate such costs in accordance determinationl and with such r (S) Annually on or Deform December 71 of each year a sum equal to five percent (31) Of VTMM,s payments under Section 2.11(1)(1) and (ii) and previous Fiscal Year. (s) above for the Notwithstanding anything herein to obligation to the contrary, however, UnwD,e make payments to Commerce under this Contract shall be unconditional and independent of whether or not any water from the Reservoir is actually provided or made available diverted or used b to, or by, UnWD pursuant to this Contract. 2.12 . On or before tune i Of each year, Commerce shall establish a preliminary by MWD under this Contract for the next et of costs to be paid period ensuing twelve month beginning October 1. UTRWD shall have thirty receipt of said pro y (~0) days posed budget to file its comments thereon with Commerce. After receipt of said c adopt a final budget for said oaments, Commerce shall period by September 20 of each year. The final budget shall establish periodic amounts, including any amounts required to be paid under Section 2.11, to be paid by UTRWD for the ensuing one year period beginning each October I. Commerce "Y amend the budget during a Fiscal Year it necessary to adjust it for any unforeseen matters related to the payments under .20. +i I I r that the amount of such disputed costs should have been i sore or less, Commerce shall promptly revise and reallocate such costs in accordance with such determinationt and (3) Annually on or before December 31 of each year a sum equal to live percent (St) of UTRND's payments under section 2.11(3) (1) and (ii) and (4) above for the previous Fiscal Year. Notwithstanding anything herein to the contrary, however, UTRwD's II obligation to make payments to Commerce under this Contract shall be unconditional and independent of whether or not any water from the Reservoir is actually provided or soda available to, or diverted or used by, UTRWD pursuant to this Contract. 2.12 sillinq and Payment. on or before June 1 of each year, Comore* shall establish a preliminary budget of costs to be paid by UTRWD under this Contract for the next ensuing tvslve month period beginning October 1. UTRwD shall have thirty (30) days after receipt of said proposed budget to file its comments thereon with Commerce. After receipt of said comments, Commerce shall adopt a final budget for said period by September 30 of each year. The final budget shall establish periodic amounts, including any amounts required to be paid under Section 2.11, to be paid by UTRWD for the ensuing one year period beginning each October 1. Commerce may Wend the budget during a Fiscal Year if necessary to adjust it for any unforeseen matters related to the payments under I i -20- f • i . i r Section 2,110) (1) and (ii) above, Any such adjustment shall be adopted only upon reasonable notice to UTRUD under the circumstances which shall normally be at least thirty.(30) days r written notice with opportunity for MwD to cement on any such change prior to approval thereof. Payment of each periodic amount shall be due in accordance with the apycoved budget. All late payments shall bear interest at the less.ir #,.f fifteen percent (154) par annum or the maximum allowed by far from the due date until paid. UTRWD shall be solely responsible for billing and collecting from its water customers. Failure to collect from its customers will not affect UTRwD's obligation to make all payments due to Commerce, Should UTRND fail to make any payment as required hereunder, then Commerce shall utilise the reserves maintained by it on behalf of UTRWD to asks such payment to the extent funds are available in such reserves. In addition to all other required payments hereunder, to the extent such reserves are so used, UTRWD shall be obligated to. immediately pay to Commerce an equal amount to replenish the reserve fund so depleted. ARTICLE III ~ Antional Termini e.. , 3.01 J"U* (a) initial Term. This Contract shall become effective upon execution by Commerce and UTRWD, and thereafter, water shall be , -21- F ' 1 I i F i provided hereunder for an initial tars Of fifty (50) years (the "Initial Tern") commencing with the Completion Data. (b) second Term. I!, and to the extent that, this Contract i f or water service hereunder not be previously terminated, either t partially or wholly, by either party hereto, and subject to Commerce's Initial Terminations Option as hereafter provided commencing upon expiration of the initial Term, UTRWD shall have the right and obligation to continue to purchase the remaining available water from Commerce's Initial and Future Water Storage Rights in the Reservoir for up to an additional tvonty-five (25) years (the "Second Term") unless UTRWD gives written notice to I~ Commerce no later than live (5) years prior to the expiration of the Initial Term of UTRWD's desire to terminate the contract. failure of UTRWD to provide timely notice of such election to terminate shall be doomed to be notice by UTRWD of its intent to extend this Contract for the Second Term at the end of the Initial Term. The purchase and sale of water under this Contract during the Second Tara shall be under the sue tares and conditions as are contained in this Contract for the Initial Term. (c) Third Tern. it, and to the extent that, this contract or water service hereunder not be previously terminated, either partially or wholly, by either party hereto, and subject to Commerce's continuing rights under the second Termination option as hereinafter provided, commencing upon expiration of the Second Tarn UTRWD shall have and is hereby granted by Commerce the right •44- 1 I i i and obligation to continue to purchase the remaining available water from Commerce's Initial and Future Water Storage Rights in the Reservoir under the same terms contained in this Contract for an additional period of tventy-five (25) years (the "Third Tern") unless UTRWD gives written notice to Commerce no later than five (S) years prior to the expiration of the second Term of UTRWDIs desire to terminate the Contract. failure of UTRWD to provide timely notice of such election to terminate shall be doomed to be j notice of contin•:ation of the Contract at the and of the Second Term. The purchase and sale of water under this Contract during the Third Term shall be under the sage terms and conditions as are contained in this Contract for the initial Term. (d) Additional Term, If, and to the extent that, this Contract or water service hereunder not be previously terminated, either partially or wholly, by either party hereto, and subject to Commerce's Third Termination option as hereafter provided, commencing at the and of the Third Term UTRWD shall have and is granted by Commerce pursuant to section 3.03 hereof a right of first refusal to use any portion of the remaining voter from the Reservoir under terms similar to this Contract for an additional period of 50 years (the "Additional Term"). The provisions of any contract considering such extension of the rights of UTRWD during the Additional Tara which will be subject to negotiation at the and of the Third Tara shall be limited to the price of water, -23- I (s) Effect of termination by UTRWD. If UTRWD exercises its right to terminate and cancel its obligations under this Section 3.01, it shall have no obligation to pay any further r amounts under this Contracti provided, however, that UTRWD will pay to Commerce any sums which hod accrued to Commerce hereunder before the effective data of such termination and cancellation. 1.02 Initial Tarmination Doti n By Caesarea 29 to a Total of Twenty-five farcant (2541 of Contract Amount. Notwithstanding anything herein to the contrary, Commerce hereby reserves the option and UTRWD hereby grants the option to Commerce, to terminate I Commerce's obligation to provide water to UTRWD under this Contract in an amount up to a total of twenty-five percent (234) of the water available under this Contract commencing upon expiration of the Initial Tiara ("Commerce's initial Termination option"). Said option may be exercised once at any time after expiration of the i Initial Term. Commerce must give written notice to UTRWD at least ten (10) years prior to the exercise of such option. At the time Commerce exercises its initial Termination option, Commerce hereby agrees to pay to UTRWD, for the proportionate amount of water which it reacquires the right to use under this option, the pro rata share of all principal payments (as provided in the Cod/SRMWD Contract) effectively made by UTRWD as a result of this Contract prior to the effective date of Commerce's exercise of the option. The amount to be paid by Commerce under this section shall not i -24- { y r ~ l 1 r include interest or operation and maintenance expenses (as provided in the COS/SRMWD Contract) effectively made by UTRWD. From and after the effective date of any exproise of commerce's Initial Termination option, payments by UTRWD to Commerce under this Contract shall be reduced for all payments, including principal, interest and maintenance expenses, attributable to that portion of the eater no longer sold by Commerce to UTRwD hereunder. 3.03 Second Termination VDtinn OX Cg=arc& Un tO a Total of Fifty Percent (te%) of Contrast Amounts Commerce hereby reserves the further option, an?! UTRWD hereby grants the further option to j Commerce, to terminate Commerce's obligation to provide water to UTRwD under this Contract in an amount up to a total of fifty percent (50%) of the water available. under this Contract (inclusive of water, if any, previously re-acquired by Commerce by exorcising its initial Termination option) once at any time upon or after i expiration of the Second Term of this contract ("Commerce's Second Termination option"). Commerce must give written notice to UTRWD at least ten (10) years prior to the effective date of the exercise of the option. At the time Commerce exerolses its Second Termination option, Commerce hereby agrees to pay to UTRWD for the proportionate amount of water which it reacquires the right to use under this option, (i.) one-half of the pro rata share of all principal payments (as provided in the COE/SRMWD Contract) effectively made -25- r I I f 1 I I by VTRWD u a result of this Contract prior to the effective data i of Commerce's exercise of the option and (ii) the proportionate amount of the principal costs of any Reservoir improvesents made by the CM SRHWD or other entity, as appropriate, and effectively paid by UTRWD during the last twenty (90) years of the Second Term. The amount to be paid by commerce under this section shall not include interest or operation and maintenance expenses (as provided in the COE/SRMWD Contract) effectively made by WMD. The Reservoir improvements, if any, which are within the scope of this section are those improvements (not including routine operation and maintenance expenditures) which are considered by the COs or any successor thereof as betterments or improvements that extend the life of the Reservoir or increase the available water supply in the Reservoir. From and after the effective date of any exercise of Commerce's Second Termination Option, payments by UTRWD to Commerce under this Contract shall be reduced for all payments, including principal, interest and operation and maintenance expanses attributable to that portion of the water no longer sold by Commerce to VTRWD hereunder. 3.04 Third Termination Option aXsommerce Ugto Full Contract Amount,. Commerce hereby reserves the further option, and UTRWD hereby grants the further and final option to Commerce, to terminate Cosmerce's obligation to provide water to UTRWD under this Contract in an amount up to one hundred percent (1005) of the -26- F I i E I water available under this Contract in one or more installments from time to time at any time upon or after expiration of the Third I Term of this Contract ("Commerce's Third Termination -option"). Commerce must give written notice to UTRWD at least ten (10) years E prior to the effective date of any exorcise of the option. At the time Commerce exercises its Third Termination option, Commerce j hereby agrees to pay to UTRWD for the proportionate amount of water which it reacquires the right to use under this option, I (i) one-third of the pro rata share of all principal payments (as provided in the COX/SRJM Contract) effectively made by UTRWO as a result of this Contract prior to the affective date of Commerce's f exercise of the option and (ii) the proportionate amount of the principal costs of any Reservoir improvements made by the COE, SR?!WD or other entity, as appropriate, and effectively made for by UTRWD during the last twenty (20) years of the Third Term. The amount to be paid by Commerce under this section shall not include interest or operation and maintenance expenses (as provided in the COE/8RMWD Contract) effectively paid by UTRWD. The Reservoir ~J improvements, if any, which are within the scope of this section are tho)se improvements (not including routine operation and maintenance expenditures) which are considered by the COE or any successor thereof as betterments or improvements that extend the life of the Reservoir or increase the available water supply in the Reservoir. -27- E 4 f 3.O5 sale W&t to Pull lx!rciae et Third Te i After expiration of the Third Term of this Contract and prior to Commerce's full exercise of its Third Termination Option, VTRWD shall have a continuing right of first refusal to continue to purchase the remaining available water from Commerce,@ initial and Future Water Storage Rights in the Reservoir under the same terms and provisions contained in this Contract for the Additional Term of fifty (90) years commencing upon expiration of the Third Term of this Contract; provided, however, that the price of said water shall be subject to mutual agreement of the parties and the provision of i such water sa:vice iv in all respects subject to Commerce0o right to exercise from time to time, in installments or otherwise, its rights under the 't'hird Termination option. Should MWD desire to exercise it's right of first refusal, it shall give notice of exercise of such right to Commerce at least one (1 the ~ ) Year prior to the expiration of the Third Term of this Contract. 3.06 ar-S~LAIImInt ct Water -nuh ~__J ~CiC!• Notwithstanding anything herein to the contra specifically understood and agreed between the it is obligation of Commerce to provide water to parties that the Contract is subject to the availability of water to Comore* from the Reservoir pursuant to, in conformity with, and subject to all conditions and restrictions contained in, the Commerce/SRMWD Contract, the COZ/SRXWD Contract and CA No. 03-1797, and is also .=S. I f: t { subject to inability to provide water due to emsrgency, forts majeure, the need to curtail water service to cause repairs or improvements to be made to the Reservoir, or the need to protect the public health, safety or welfare. In any of such events, Commerce (or its agents, including, without limitation, SRKWD or i the COX) shall have the right, after reasonable notice to UTRWD under the circumstances, to curtail or limit water service to UTRWD under this Contracts provided that any such curtailment or limitation shall be limited in amount and duration to the minimum amount necessary. 3.07 Option for-Purchase of Interest in Capacity pr Water Facilities +gon eraise of Termination Options. UTRWD agrees that Commerce, upon the exercise of any of its Termination options shall have the option and right to acquire from uTRWD upon payment by to UTRWD of the depreciated net book value, a proportionate ownership interest or other right of use in, and appropriate title to, any facilities, capacity in facilities or contract rights in facilities owned, leased or otherwise utilized by VMWD, including without limitation the raw water intake, raw water pumps, meter and raw water transmission main (and sassments, permits, licenses or real property interests associated therewith) from the Delivery point to the point on the transmission line where Commerce diverts the raw water for its own ussl provided, however, tVRWD shall be required to convey any such interest only to the extent of its then existing legal title, rights and abilities. The parties shall -22- 8 I ~ II 1 1 I agree on an acceptable standard of placing such value on said facill.ties which shall be consistent with appropriate depreciation i techniques undo: water utility ratemakinq standards of the National Association of Regulatory Utility Commissioners Uniform System of Accounts. UTRWD shall execute any documents necessary or appropriate to ref loot the transfer of ownership of any such facilities or interest therein to Commeroe. At such time as i Comoro* becomes the majority owner of said facilities it shall have the further and additional option of becoming the operating manager of such facilities with the costs being apportioned between the parties. Capital costs and operation and maintenance expenses shall be allocated as follows r (1) capital costs based on percentage of water allocatedt and (9) operation and maintenance expense, including cost of pumping, based on water usage. At least six (6) months prior to the transfer of title of said facilities or any interest therein, UTRWD shall install a new aster (thereafter, the "Meter") at which point vAtsr shall thereafter be i metered and provided by Commerce to UTRWD under this Contract. The i cost of purchasing and installing said Meter shall be prorated between the parties based on percent of water allocated to each. ` Metering, billing and payment related to tho facilities used by the non-operatinq party shall be on a monthly basis in an amount sufficient to pay tlio non-operating party's prorate share (on the -30. ' I .i bases provided hereinabovs) of the operating party's capital costs and expenses incurred in providing service to the non-operating party. 3.08 Actions in Evant of Unenforceability_ or Certain f Povisions of Contract. Notwithstanding anything herein to the contrary, if it is over determined by any governmental or regulatory authority that provision of water by Commerce under this Contract, or curtailment, limitation or termination of water service by commerce under this Contract, is in violation of applicable law, than Commerce, at the sole option of commerce, may take such action as will best effectuate the intent of the parties in agreeing to this contract and comply with applicable law or, if required or permitted by law, may terminate this Contract. 3.09 ftoxgencv Sneoly to Commerce. If at any time during the Initial Term, Second Term, Third Term or Additional Term of this Contract, Commerce incurs an Emergency which interrupts its raw water supply from Commerce Water District, groundwater or other sources, Commerce may request that UTRWD provide water to Commerce on a temporary basis during such Emergency from the water provided to UTRWD hereunder. If so requested, UTRWD agrees to use its best efforts to make available to Commerce and, to the extant so made available, Commerce shall be entitled to purchase from UTRWD water necessary to alleviate said Emergency. To the extent water is provided to Commerce under this section, Commerce shall pay UTRWD the full cost incurred or agreed under this Contract to be incurred -31- I I a Z by UTRWD applicable to such water for the period of such use plus such other reasonable expenses, if any, as UTRWD may incur in delivering such water to Commerce. During the period of any such Emergency, Commerce agrees to use its best efforts to alleviate said Emergency or to minimise the deficiency of water through conservation, development of alternate water supplies, or other means. both parties agree to cooperate during said Emergency to ensure that Commerce's reasonable needs for water are not and that UTRWD's supply of raw water is not unreasonably impaired. 3.10 Actions by_UTRwD Unon Notice of Torsi nati n by Commerce. Upon receipt of notification by Commerce that it is exercising one of its Termination Options, UTRWD shall immediately commence preparation of necessary studies and plans by its anginears and i other consultants to obtain replacement water supplies for the water to be obtained by Commerce in the exeroise of any such I I'i option. Within one year after receiving any such notification, UTRWD shall submit to Commerce evidence of approval by its board of Directors of a specific course of motion for obtaining necessary replacement water supplies, including a copy of any engineering studies or plans related to such replacement water supplies, if construction or acquisition of additional facilities is needed in order to make available the replacement water supplies, such acquisition or construction shall be commenced vithin four (4) i years from the date of receipt of notification by UTRWD and such f acquisition or construction shall be completed within eight (i) -32- I Y hV J # 1 + r 4 I 1 I 11 it years from the data of receipt of such notification. After receipt e of notification, UTRMD shall report in writing to Commerce at least once every six months on the progress of its efforts tc i obtain replacement water supplies. , i if UTRWD fails to meet any of the deadlines provided in this section for action to secure replacement water supplies, or should UTRWD be unable or unwilling to allow Commerce to timely and completely exercise any of its Termination options, then UTRWD agrees to promptly pay commerce an amount of money sufficient to obtain alternate water supplies of equal amount and quality to tbcse which Commerce is otherwise entitled to under any of its exercises of such options. 7.21 Automatic Price Adjustment Related to Mater from Lake Tawokan Notwithstanding anything herein to the contrary, if it is aver determined by Commerce that the price per acre-foot of raw ;II watex available to Commerce from Leke Tawokani is greater than the I amount otherwise required to be paid per acre-foot by UTRWD to Commerce under this Contract for water from and at the Reservoir, then, in such event, UTRWD shall pay a price for water from and at the Reservoir which is equivalent to average price per acre-foot of water from both such sources as calculated by Comstrce and reviewed and approved by UTRMD, which approval shall not be unreasonably withheld or delayed. I I } F f .I I 1 • F ARTICLE IV f • KircellaneaLr 1.01 Payments are Onera Ina r"'-'---• UTRWD represents, covenants and agrees that all payments to be made by it shall constitute reasonable and necessary "operating expenses" of its water end, if appropriate, wastewater system and that UTRwD will require each of its customers to agree that each such entity's payments to UTRWD shall also constitute reasonable and necessary "operating expenses" of each respective entity's water and, as appropriate, wastewater system, as referenced in Article 1113, Vernon's Texas Civil Statutes, as amended, or other appropriate law. Such payments will be made from the revenues of the water and, it applicable, wastewater systems of UTRWD and each such customer of UTRWD with the affect that the obligation to make such payments shall be treated an an operating expense of each said system and shall have priority over any obligation to make any payments from such revenues (whether principal, interest or y otherwise) with respect to all bonds and other obligations \--J heretofore or hereafter issued by UTRIRD or any of its customers, as applicable, payable from such revenues. 1.02 Pita Covenant, UTRWD hereby agrees that throughout the term of this Contract it will continuously fix and collect such rates and charges for water and wastewater serviciks as will produce revenues in an amount sufficient to at least pay all of the -J/. t ► payments required under this Contract and its other expenses related to its vater and, if appropriate, vestevater system, 4.03 advisory QxmIttaar Coerdinw it Comore* and UTRwD agree to establish an advisory committee regarding operations of each party under this Contract. The advisory committee shall be composed of six members, three from each party appointed by and serving at the pleasure of the governing body of each respective party. Each party and the advisory committee vill be given timely notice of agendas and meetings of the others vhers the rights or interests of each under this Contract are to be discussed so that each vill have the opportunity to attend and participate. Before any budgets of Commerce or 8RMVD affecting what UTRND shall pay in this Contract are adopted, VTRVD and the advisory committee shall 1 be given opportunity to review and comment. 4404 Bagulatorv and Other A aprovalsr a<suranr. el Feasibility of Transportation Flnilitiosr Rights of Taraination, Commerce shall be responsible for obtaining approval, if any be required, of this Contract by the TNC or other regulatory authorities. With UTRWD's cooperation, Commerce will initiate the appropriate filing through 8R)MD for an amendment to CA No. 03-47970 in substantially the form attached hereto as Exhibit "J", authorising the diversion and use of vater as provided in this Contract from the Reservoir for municipal purposes vithin the District or its environs. SRMND, Commerce and UTRWO vill -3s- r • 1 , d J 1 i • t support said application with data and testimony as may be suitable and appropriate to effect a good faith application. If within twelve (12) months of the effective date of this Contract the regulatory or other approvals contemplated by this Section are not obtained or UTRND does not determine a feasible method to transport the water from the Delivery point to the District, UTRWD reserves the right to terminate this Contract upon the giving of written notice to Commerce within three (3) months ,thereafter or such later time as the parties may agree to in writing. In the event, but only in the event, that at the and of fifteen (15) months from dare of execution of this Contract, the required regulatory or other approvals have not been obtained, 1 UTRWD may notify Commerce that UTRWD desires to extend the period for exercising its termination option provided previously in this section for an additional one (1) year period. During such extended one (1) year period, UTRND agrees to sake all payments required under this Contract. During said extended one (1) year period, UTRWD shall have the right to exercise the aforementioned termination option until the earlier of (1) the end of said extended one (1) year period or (ii) within three (3) months after receipt of all required regulatory or other approvals. It during said extended one (1) year period, UTRwD exercises any right to terminate this Contract under this section either for the aforementioned reasons or for the reason described below in this -3b- JI 1 i f section UTRWD shall, after such termination, nonetheless continua to be obligated to make all payments required under this Contract for an additional one (1) year period from the data of termination including all amounts accruing to Commerce as described in section 2.11(4)1 provided, however, in such event Commerce agree to use good faith efforts to find another buyer for the water contemplated to bo sold in this Contract and any payments made by i such a buyer during said one (1) year period after termination shall offset payments to be otherwise made by UTRWD hereunder. Both parties reserve the right to terminate this Contract in the event the regulatory or other approvals received <.rtain j provisions that in the opinion of either party hereto substantially impair the water rights or the ability of either party to carry out its obligations and responsibilities under this Contract. Notwithstanding anything herein to the contrary, any termination option to be exercised pursuant to this section shall be exercised within three (3) months of receipt of final regulatory or other approval or such later time as the parties may agree to in writing by giving written notice to the other party. If (i) UTRWD exercises its right to terminate and cancel its obligations under this section within fifteen (15) months from the date of execution of this Contract or (ii) Commerce exercises its right to terminate under this action at any time, UTRWD shall have no obligation to pay any further amounts under this Contracts provided, however► that in either of such events UTRWD will pay to Commerce any sums I -37- t l 7 t r ` which had accrued to Commerce hereunder before the effective date of such termination and cancellation. 4,05 indearl-fication. 'UTRWD agrees to fully indemnity and } hold harmless commerce and its officers, employees, agents, contractors and related interests from and against any and all claims, losses, damages, demands, judgments, suits, liabilities and causes of action of whatsoever nature, whether known or unknown, fixed or contingent (including, but not limited to, attorneys' fees, litigation and court costs, amounts paid in settlement and amounts paid to discharge judgments) related to or directly or indirectly resulting from or arising out of, after the it date of execution of this Contracts (1) UTRWD's failure to comply with this Contractf (2) the actions of persons or things other than Commerce f affecting the water supplied by Commerce to UnWD after such water reaches the Delivery pointi and ` (3) the interruption, curtailment or limitation of service by Commerce to UTRWD or customers served by or to be served by UTRWO as provided in Section 3.04 of this Contract. 4.06 Ramadie■ Upon Default, Either party hereto shall be entitled to terminate this Contract upon thirty days written notice to the other party if, at the time of such termination, the other party is in breach of a material term of this Contract, which breach has been continuing and uncured for the shorter of (i) a -38- 1 1 consecutive months or (ii) in the event of ; period of six (6) failure to pay a monetary obligation, then at such times as there i aid amount. The term "material provision" are no reserves to pay s shall include, without limitation, the requirement of V MWD to My money to Commerce hereunder. it is not intended hereby to specify (and this Contract shall not be considered as specifying) an exclusive remedy for any at law or in equity default, but all such other remedies existing may be availed of by any party hereto and shall be cumulativee in addition thereto, the parties specifically agree that in the event of any such default, the non-defaulting parties shall be entitled to obtain a writ of mandamus from a court of competent Jurisdiction ordering and compelling the defaulting party, and its officers or representatives, to take such action as may be necessary or appropriate to cure such default and otherwise comply with the I provisions of this Contract. Auralud 'a er ar anacity mtjZM• If GTRWD shall have 4.07 surplus water or idle capacity in any of its facilities to transport water under this Contract, UTAND agrees to negotiate in good faith a transportation and sale agreement for said water to Commerce with compensation therefor at actual cost plus a reasonable return on its investment in facilities c~ shall have the 4.06 right to enter into other water supply contracts from its other water supply sourcest provided, however, Commerce agrees not to -39- 1 I 'Inter into any contract, other than from Cooper Rsasrvolr to an this contract, to su any P 1 "11 48 P Y va es customer t'Ir from C loco °mme located rc'I a more C than ex's than tttt ontract shall tinq city limlts. Y (SO) ~ be construed as or claim to grant' NOthtr~q in this n or Its customs ng any right, title-, Interest od or used by ovn Commerce customers in any water oth'I *yet,,,, or rights from Commerce r than from the Rep the right to purchas'I Contract, rvoir pursuant to voter ~~''P shall have the right t the terms of this supply voter to its customers ° enter into sell v 1 provided Contracts to ""ter to any parson ► however ► ~ °r entity located ft 'Iha21 not Of C°mmerceos then existing city limits, within fifty {S O) miles 4.69 vhol1Y or in Part, it either party fa by force rendered unable under this carry obligations a0 sure to , Contract out any Of its Provide mon'I other than an ~ Y► then such obli obligation to pay or affected gations by such force Of that Part a eci majsur'I and to the extent y to the extent ng used to resume Performance at the Bence ` be suspended earliest practicable \ s° caused to during the continu the extent anc'I cause provided but for of any inability as tar as possible no longer Period, diligence, ► shell be r'Imed'ed such The term "force ma with all reasonable acts of Qod four*," as used herein ~ atrikeae lockouts ► shall acts # or other industrial mean Of the Public enemy, orders disturbances, entity or any civil or Of any kind of th'Ireot of any governmental military authority, acts any regulatory authorities with ► Orders or delays eh jurisdiction over the -40- enter into any contract, other than this contract, to supply water from Cooper Reservoir to any customer located more than fifty (50) miles from Commerce's than existing city limits. Nothing in this contract shall be construed a■ granting any right, title, interest or claim to UTRWD or its customers in any water systems or rights owned or used by Commerce, other than the right to purchase water from Comaeres from the Reservoir pursuant to the terms of this Contract. UTRWD shall have the right to enter into contracts to supply water to its customerst provided, however, UTRWD shall not sell water to any person or entity located within fifty (50) miles of Commerce's then existing city limits. 4.09 Force Kaigurs. If either party is rendered unable, i I wholly or in part, by force majeure to carry out any of its obligations under this Contract other than an obligation to pay or i provide money, then such obligations of that party to the extent affected by such force majeure and to the extent that due diligence is being used to resume performance at the earliest practicable time, shall be suspended during the continuance of any inability so caused to the extent provided but for no longer period. such cause, as far as possible, shall be remedied with all reasonable diligence. The term "force majeure," as used herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, acts of the public enemy, orders of any kind of any governmental entity or any civil or military authority, acts, orders or delays thereof of any regulatory authorities with jurisdiction over the -40- 1 parties, insurrections, riots, epidemics, landslides, lightnings earthquakes, fires, hurricanes, floods, washouts, droughts, arrests, restraint .of government and people, civil disturbances, explosions, breakage or accidents to machinery, pipelines or canals, or any other conditions which are not within the control of such party. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of either party hereto, and that the above requirements that any force sajsure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demand of the opposing party or parties when such settlement is unfavorable to it in the judgment of either party hereto. i 4.10 wwrability. The provisions of this Contract are severable, and if any provision or part of this Contract or the application thereof to any person or circumstance shall ever by held by any agency or court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Contract and the application of such provision or part of this Contract to other persons or circumstances shall not be affected thereby. i ' 4.11 d2d= if_ i . This Contract shall be subject to change or modification only with the mutual written consent of Commerce and UTRWD. -41- ~S F K i c i 4,12 hddrasses and Notices. Unless otherwise notified in writing by the other, the addresses of Commerce and UTRWD are and shall remain as follows: Commerce: City of Commerce AttnI Mayor UTRWD: Upper Trinity Regional Water District Attn: president, board of Directors 4.11 Assignability. This Contract shall he assignable by either party with the written consent of the other party, which k consent shall not be unreasonably withheld or delayed. 4.14 Time of the Essence. Time is of the essence with ~ i respect to all matters covered by this agreement. 4.13 Authority of Partia■ Erscutina Agreement. By their execution hereof, each of the undersigned parties represents and warrants to the parties to this document that he or she has the authority to execute the document in the capacity shown on this document. 4.16 SA21i=. The captions appearing at the first of each numbered section or paragraph in this Contract are inserted and included solely for convenience and shall never be considered or i given am- effect in construing this Contract. i -42- s r r I i it I :L 1 1 Y IN WITNESS WNEREOl, the parties hereto have executed this Contract in multiple copies, each of which shall be deemed to be 4 an original and of equal force and effect* effective I i 1989. Executed: CITY Or CONMCEO TEXAS , 1989 By: Kayor i ATTEST: City Secretary (SEAL) Executed: UPPER TRINITY REGIONAL WATER DISTRICT 1989 A By: President, Boar of Directors ATTEST: Secretary, Board o Directors [SEAL) ~~a~~nNS: • ~ -{3- I k. 3 ' I i . i • r D R A F T 09/13/89 EXHIBIT LIST Exhibit A - COE/North Texas Contract Exhibit 8 - COE/Irving Contract F Exhibit C - COE/SRHWD Contract Exhibit D - Supplemental COE/SRXWD Contract Exhibit E - CA No. 03-4797 Exhibit F - Permit No. Exhibit 0 - Commerce/SRHWD Contract Exhibit H - Sulphur Springs/SWMWD Contract i, Exhibit I - Cooper/SWMWD Contract Exhibit J - Application to Amend CA No. 03-4797 \ar\wsul.lf ~ a r ! r l k i 5 i i i IE F f i f i 1 7 ~I I I ! 1 Lo I i i i EXHIBIT... EXCERPT PUBLIC UTILITIES BOARD PEONUTHS 1 April 240 1990 11. CONSIDER RESOLUTION REGARDING RAW WATER SUPPLY FROM COOPER RESERVOIR AND ASSOCIATED CONTRACT. Nelson reviewed this item explaining that the Upper Trinity Regional Water District (UTRWD) is not yet in a position to assume the upfront costs of this project. The city would take one-third, Lewisville takes one-third and Highland Village and Denton County Fresh Water District N1 takes one-third of this water supply. with this contract, Denton guarantees that cost plus legal costs until UTRWD can take over the funding. ~I Chairman LaForte asked why the City of Commerce is selling their water. Nelson explained that Commerce signed a 100 year lease on rights to Lake Tawakoni and built a pipeline and intake structure. This water is less expensive for them than what is offered here. North Texas Municipal Water District turned down "interim" water; the City of Commerce then came to the UTRWD. Motion Frady made a motion to recommend to the City council subject resolution and associated contract. Second by Chew. Discussion Laney stated he had reviewed the map showing alternative routes. He asked if the Board has not already discussed some kind of an agreement with Irving. Nelson stated that there are several alternatives to be considered. Laney asked if Denton could tranport water by oversizing the pipeline in Irving. Nelson stated that we would like to do this, but we don't have firm agreements from Irving. Nelson also explained that interbasin transfers must have a permit from the Texas Water Commission. Signing this contract will give Denton 2 MG of the 1'..7 MG. Denton is front ending 331 of the total cost for the one or two years of this joint project. Thompson expressed that he is pleased the Utility is looking to the future water supply requirements for the City of Denton. Vote Chairman LaForte called for the vote. All ayes, no nays, motion carried. yy F i. l I i I /11 I CITY 4 COUNCIL r 41 i } f K ~0~~~ 000 ~aa Op~~9 p c, y G} i= { l~ y~ O O y a a G~Gu~?~C0v:CO~~', a~oz- i S F'RRD MOORE ~ i t FRFP MOORE t Henry was well up in years--touch older than his seventeen-year- old wife. He told her all about his past outlaw life, and of hiding money 10 caves in the northern part of the slate between Denton and Whitesboro. One of rds !eaders of one g&ang was killed and his boss gave him the gun, He explained to her that as their servant he cared for horses, cooked, washed, and found supplies, They talked about Janie's uncle, Jiles Cbism, who had a beautiful horse and had traveled that Old Chisholm Trail many limes. The horse was stolen and Jlles was killed, His body was found In a deep thicket days after. Henry's old times had passed, yet it relb ved his mind to tell her. There were a few Negroes who kept secrets aboul many gangsters staying in their homes, and paid well. Henry too, was friendly I with Apaches andd helped hide money and other treasures. He knew many of the caves and Rding places from Pilot Knob to Ft, Smith Arkansas, He said he would bet there was more Confederate money buried in Texas than all other states together. Money was put In iron kettles, pots or boxesandburled in the earth, He doubled that all of this was ever dug up; If It was it was no good. Many old Negro slaves had boxes of this money. Henry keeppt a large box of 1% t In the earlyy .2Is, he bid farewell to Chisholm, Dodge, Goodrd t and all other IralIs. He wanted Jule never to reveal this to Fred. He fell that It would crush his ambition. Henry came to Denton about the time the first courthouse was built, which was the pride of the county. A few yards to the east of the Station was the Oil Mill and a few old houses and up from the station, a water tank, On the north of the little creek was the coal shoot where coal was • kept for city use, or refueling trains. (Everybody used coal or wuod.) _ ng toward town from the station were a few old buildings, on the south side of the street a large cotton yard and the small powerhouse; The north side of the street had a few small homes. There were a few old cafes and a water mellon stand In [be vacant lot, near an old barber shop. As one walked farther, there was a bank building, of which Mr. W, A. ponder was President,Tbeylived In the building In a stalely apart- 1 ment facing the north. There were a few two-story buildings on the square. Around the courthouse there were drinking places for horses and hitching posts. After they married, Janle and Henry moved about two miles south of the Ousley house in Denton. Janle secured a job at the Ousley home and although she only earned a small amount of money, her compensa- dam was f )od and clothing, for her baby, This job lasted until Henry and Janie moved to a little house on what Is now Mill Street, near the old Davenport Mill, where Henry found employment until it was des- troyed by fire, He then went to work at the brick yard, carrying brick and mortar. He helped build ma iy of the first brick buHdings and was the first janitor at N.T.S.C. t 1 E I i r I ' lG FRED MOORE Henry used lanterns vben there was work at night. There were no healing and electric lights, Lanterns lighted corners. There were not many streets; a few wrre named for trees, such as Oak, Hickory, Mulberry, Elm and t_ocuat. Henry worked t trd making their home comfortable for Fred. It was j close to the square, where he manajed to keep plenty work. Janie was a fine "cabin keeper' In their large one-room log house, with two windows, A side room used forthe kitchen was kept spotlessly clean with starched curtains at the windows. Her floors were scrubbed with lye soap to lighten them. She did poor sewing; ail pieces of rags were made into a rug, which was placed in the middle or her bedroom floor. In the corner was a large wooden box with shelves built in to keep their freshly ironed. clothes. Around Ibis box, awhite rufhed skirt kept the dust oft of the clothes. There were two very high beds filled with hay or straw. They accumulated more. Henry Wised ducks, geese, chickens and bogs. It was customary for peddlers to come around in a covered wagon for an exchange of needles, pins, thread buttons tobacco, and many other things, Some peddled rags. They called them the "rag-man,'' They Joined the Methodist Churchwhen preachers drove in a horse and buggy or rode a horse to the different charges. In the summer they would camp near their great camp meetings in the country, Their home was known as the home for the ministers; they lived, ate and slept there. Janie liked #o cook for the preachers. There were always cakes pies and other foods when they came, Henry always made grape wine Irom the grapes he grew. Henry planted large gardens, enough for neighbors to exchange for Janle's supplies. Working in the garden was a side job for him to eir fences, He g sed a large orchard of peaches, pears and blow plumoff a (Jay's Near the house he had pecan and persimmon trees. Of course, there were other trees for plenty of shade for the baby. At the end of the fruit trees were his bogs, cow aid horse. Janie made her own butter. Henry carried food to market toexchangeforsupplies, and gave some to friends. They never visited their next-door neighbors; the neighbors came to their house, Their rules at home on Sundays were only going to church. Jwile cooked all the food on Saturday. The al conversations ys Invited hvrere acabout be., the Elder after church. IWIP eating, y the Bible. Janie loved the Bible; she learned it from the beginning to end, from [be preachers. T'he weather was never too bad for them to go church She but listener always had a big laugh entertalo' At times they had i t i r FEED MOORF. 19 FRED'S EARLY LIFE It was a cold snowy day, when Fred was born. The snow had fallen on the house top, and the trees glistened with sounds that made one shiver, therefore it was hard to get a doctor to travel on horse back. Fred's mother used a woman. Her name was Dr. Owsley. She was the doctor that brought all babies Into the world, Fred was born January 1, 1875. His name was given by Mr.Owsley, who named him in honor of Frederic Douglas , a great educator. His features were that of his father, black, high cheeks, pointed nose, small lips and small black eyes. His mother carried him to work with her. She worked near the Stella Apartments before they were built. Her boss liked the bobyy and made him a cradle for the baby to sleep, while she worked. She was told many times that Frea would be a great man some day. After Fred's parents moved on Center Street, he had a world of adventure toe lore, in in entirely ubite neighborhood. His playmates were white children while be was small. Fred wu d good and tbad ot the best S it t that ever lived. He was an ordinary child, ha His mother always kept him spotlessly clean. He was never seen barefooted; he was fully dressed when he played, or explored In the wooded area. Fred liked following Pa, as he called him, to the lot or their orchard, He also liked hunting rocks, sticks, wild berries, and other unk His mother always kept the yyard clear of grass. She used the hoe to scrape it clean, after wNcb stye swept It until it was smooth; just an Ideal place for Fred to play, There Fred's experiences began, build small huts made of sticks and mud, a few houses of clay, and of sticks for a fence around the homes. Small bunches of weeds were trees. He made deep holes for caves, and streams for rater for animals. He delighted in sharing clay horses and dolls he made of clay with his white friends. Janie did not buy him very many toys, so Fred learned to make his play things. Vs Pa loved watching him play as Fred But along well with other cidldren. Janie cooked lots of food because Henry ate a lot. She did all of the cooking and washing dishes. She gave Fred a lot of freedom to do the hings he wanted to do. He liked carrying in the wood and working on things' his inventions, such as tying a string to a plank, putting one or two ling the wood to the door, i After this whis ood on t h the plan kE to tantte then wood pulbox. Fred always scribbled on the clean ground, mating pictures with sticks, berries, and rocks that he had collected. He learned to coimt some , before and dories of long ago His Pea learned taught Nm simple swri orals ting and the Bible. i ' i c i F'I:I3D Ni(NIRt 19 FRED'S EARLY LIFE It was a cold snowy day, when Fred was born. The snow had (alien on the house top, and the Irecs glistened with sounds that made one shiver, therefore It was hard to get a doctor to travel on horse back. e or tmot brought er useed b woman. into Her nal" the world. Dr.Owsiey. She was the do Fred was born January 1, 1815. His name was given by Mr.Owsley, who na+ned him In honor of Frederic Douglas, a great educator. ` His features were that of his father, black, high cheeks, pointed nose, small lips and small black eyes. e Stella His mother carried him to work with her. She liked t worked nearr thand ma4e Apartments before they were bull, He while sshe worked. She was told him a cradle for the baby to sleep, may tirnes that Fred would be a great man some day. After Fred's parents moved on Center Street, he had a world of 11 eenture to explore, in an entirely white neighborhood. His playmates were white children while he was small. child that Fred was good and not the abits, like most cNrlived. He was an ordinary chlld, eve had bad His mother always kept bim spotlessly clean. He was never seen barefooted; he was fully dressed when be played, or explored in the 10 wooded area. Fred liked followingpa, ashe called Rim, ar the rieslot or their orchard. He also liked hunting rocks, sticks, wild be, and other Sunk. His rrother always kept the yard clear of grass. She used the hoe to scrape it clean, after which site swept It until It was smooth; lust an ideal place for Fred to Play. There Fred's experiences began, buildLic small huts made of sticks and mud, a few houses of clay, and old sticks for a fence around the homes. Small bunches of weeds were trees. He made deep holes for caves, and streams for water for animals, He delighted In sharin clay horses and dolts he made of clay with his learned to hjmake1ehiss Janie df not Pa loved aatcnhing him plY Fred Fred qot along well with other children. Janie cooked lots of food because Henry ate a lot, She did all of the cooking and washing dishes. She gave Fredn the t Weeand d woo do the things he wanted to do, He liked carrying i his inventions, such as tying a string to a plank, putting one or two pieces of wood on the plank and then pulling the wcod to the door. After this his mother had to pul in the wood box. Fred always scribbled on the clean ground, making pictures with sUcks, berries, and rocks that he had collected. He learned to count some before Corm to school, also he learned about trees, many ani- mals, and stories of long ago. His Pa taught him simple writing, and the Bible, r 3 1 ' i FRED M00I J., i He started to school when he was seven years old and learned very fast, His mind seemed to be born ahead of the time, because he was so alert and had a good memory. Long hours were spent writ" and read. ing. He had a beautiful handwriting. At the age of 10, he could write so teat and plain, they made him secretary of the Sunday School. He joined c,)urch early. Music was taught to him; he learned to play all of the instruments. Wren he reached the seventh grade, hewas rated very good. After finish- Ing the ninth grade, he tried working. At this age his mother gave him responsible jobs.,.the wood to cut and weeds, and most of the yard work. Sometimes he had has school friends to come home withhim. Workhad to be done first, though, before play, Ile would bet he could beat all of the toys cutting wood and the bet was on: Fred would grab the ax and chop fast, just cutting three or four pieces, and then give the ax to others until At was done and brought In without Fred doing It. He did not like physical work. Fred also didn't like to visit. Many times boys came to see him; he'd go to hfs room and go to sleep, leaving the boys to watt until he got up, His first job away from home was working in the bank. Mr, B. H. Davenport was president, This was a very responsible job. He worked a long period of time and was found to be a trustworthy boy. Later he opened a tittle barbershop for Negroes and later worked in a wldte ; s op. At the age of nineteen, he was elected Superintendent of the Sunday School, Fred read the Bible through andthroughard started a Collection of books and magazines on the Bible, Janie brought many books for him to read. Fred liked teaching his mother, who learned many things from him. Fred was proud of his father, who became a Charter member of the slasonic Lodge set up for Negroes. He was Grand Worthy Patron of Eastern Star, Fred was never ashamed of his parents; be thought lhare were none like them, Before Fred was nineteen years old, 1,1s mother gave him a trip to Dallas when he wore his first new suit, a white sack shirt made by his mother, a straw hat, brogan shoes and carriedhis clothes in a satchel. Alen he arrived his aunt andot vrswere glad to see him. They were delighted to have him there, 1hcy took him to visit Inmanysmulthuts, near the old Collar factory, close to a silun, He +'as different frimi most r .,Idren. He was friendly toward them. fie stayed a month and muchof his lime was spent going to their Sunday School and church. One day out of the week, he liked to sit on their parch and watch the euverud-wagon peddlers culiect rags, bones, chickens and vegetables. These were exchanged for liuasehold ssipplies. } E 1 t i 1 ,I 1 h FRED MOOP.F: 21 F The people did not suffer for food, as across the river big gardens were planted. A few years after his return, a new life began. He organized a band of f,:urleen pieces which became very popular. He also organized a string band which white people used for entertainments and dances. Fred organized a minstrelshowwiththeassislanceuf Mr. Brown, The public was treated to a spectacular showeachFridayy night. Fred andbtr, Brown acquired the title of"Professor"because ofNeir cunning display of music. He was proud in hisdrPss,alwaysimmaculate.Very few ever saw him in shirt sleeves; he never wore dirty clothes. The first time I saw him was in Lewisville, Texas, my home town. Ivly uncle invited the great Professor and his bald to play for their big nineteen-June picnic, of all the starched clothes, the shined shoes and the rlbbopsl All were ready. Thedinners werecooked andpackedin boxes and old Irunks- everyone was up by daylight getting work finished; in the wagon and up to town and to the picnic. We were to leave at nine o'clock, but the train did not leave untill:30p.m, We were up on the hill from the station so we could see the Professor and his band coming in, His uncle had a merry-go-round; we called It the QyIng Jinney. The Professor's band made this day agreatday for country kids, The old fiddlers played for the square dance, The band played while the dancers rested. They played all day. Everybody ate and danced to their delight. Most of the farmers took their families home about eight o'clock. The later bunch to come was mlxed with rookies; they danced until dale, finally breaking up with trouble among races. Fred's uncle had In- fluence over all. By the lime it was over, Fred's band rushed with their instruments on fuot to the next town, which was Garza, to catch their t rain. While visiting In Denton, our social life began. We had a big laugh about the great 'Professor's" special suit being torn part-off of him while fleeing from the picnic, After living here several years going to school, Fred and I were married, in 1902, We had a b!g church ::eddlag and reception. We lived with his parents for three years, About eight years after we married, there was a rumor about a vacancy m the school, I decided to use some kind of diplomacy; I prepared a special din- ner, using our best linen and silver. Fred came in, speechless, as he sat, After he had iinished I ap- proached him by asking him to start a professional life andbegio teaching children, 1 explained to him taw many years he bad only thought of himsell. his life had not been of benefit to any. This was a lurch that made him explode.I Imilediately left the room, However, he came to the rout.i and said, ','Ahy didn't you marry a teacher: We poured a few days. r r~ F F f ( 1 1 I 1 r t 22 FRED NTOORR Fred began studying books quietly. Many friends discouraged him by laughs. This gave him plenty of courage, mire than ever. He took an examination and passed and was given a Certincate to teach. Fred applied for the job to finish the term. He was given a list of friends doctors, lawyers, bankers, merchants and the school board. Most 01 Ihem signed. He was given the job as principal of Fred Douglas School with one assistant, bliss Ella htmpton. After it few months, another wa3 addict. The year's work had been splendid. He borrowed money to attend summer school. He attended Prairie Vieyt State Normal and Industrial College, during the period of 1917 through 1921, having graduated in 192E As the school grew, he continued furthering his education. His life adjustment through education had been a problem. During four of bls terms, he bad aidergoue four operations, each time he was blessed with and looked in perfect health after each operation. The years have passed during his adminlstration, with an increased faculty, and a private secretary, bliss Gladys Standifer. While working in the four-room building, his mind was never related. lie complained [hat in less than ten years this would not accommodate the growing population, He said he may not live to see it, but he hoped some day a North Texas College for Negroes will be located in Denton. "We 4 Intend to turn out more graduates from this school and other schools. We would have more jobs to send children to college," be said. In his early school daps I hardly heard of college, but he said now the word 'college' Is on the lips of the KlndergaMen, so to speak. t I i I A f I 1i 1 t i , i I I i FRF.f) Moopx 43 i TRIP TO NEW YORK After Fred received his first grade certificate, he became president of his class of more than one hundred students from many parts of the state. He decided to go to Columbia University, and while studying there he found it to be a wonderful challenge. Being In such a large city, he was to get information. He look a taxi to find the only man I knew Mr. Paul Baker. After riding for sometime, we were successful to locate him. Getting out of the laid, the cab driver said that the fare would be six dollars and seventy-five cents. He was shocked, Mr. Baker helped him get things In order. His roommate was from Africa, had attended Columbia before and was well educated. It was a pleasuretohave such a roommate--he mew many places to go. He invited Fred to go with him to Coney Island. Fred immediately said, "no." tie explained that he would goanywhere except boat riding. One day this friend decided to play a joke on Fred. fie took him down to the wharf and broused along--did not notice any water, and not thinking where he was sat dowmtorest.As they sat, Fred noticed a little tremor or shaking, lie said, ',1 feel a little dizzy. We had better go back to the building." Oh, Prof, we are almost to Coney Island.-we are on a big ship, almost died-.thought he would never see home again, but he j cheered him up by sending me a box of salt water taffy candy. In his excitement Fred forgot to sign his name, and when 1 did receive the candy, I drd not know who sent It. We were not going to eat it--thought it might be poison, 1 put it up. In a day or two, one or the children climbed up in a chair, got the box, opened and ate of it, Then we all ate ,the candy, It was line. While in New York, Fred attended the largest colored church In New York, the Abbysenlan Baptist Church, Rev. Powell, father of Senator Adam Clayton Powell, was he pastor. Fred got an impression of what mixed schools meant to colored peo- south1Ofcourse, the .hallyand ne er{dknow eachtotheranotosoein the south. may some things happened In the north that were not so good. Fred always said that be hoped that the day would never come to have mixed schools and churches, and hotels in the south. The southern people are friendly, but could be carried too far. Fred always said that the white man in the south was the Negro's best friend and Fred was in a position to know. Many colored people from the north say we are fortunate in having our colleges and high schools and jobs for our leachers. There are some r lobs for colored to the setrois,butnollike in the south where the presi- dents and principals of l4e schools are colored--with a very few ex- ceptions. Some say it wilt -utdown butt am alrald it will cut down good feeling more than anything else. E do hope our people will reconsider and keep our schools and colleges and }obs for our people or give it a good try. l f f 24 FRED b100111ti THE RECOGNITION OF FRED DIOORF. AND HIS PHILOSOPHY Professor Moore mot with many hardships in the early dapps of his career. Many who z ,me along with him in school, and knew Nm, felt that he completed Itg sl work in Prairie Viewand ,,4endedtfour sessions atgFisk University. lie did graduate work at Columbia Un iv ers ity. During his col- lege career, Fred was the recipient of many outstanding honors and awards. In lo4ing back at the sch olinaeburch and In the hall, he started with two teachers. In my administration I shall listlhe faculty that have made our school a success. They are; Mrs. EmmaJones, Miss Ella Hampton, Miss Maggie Hampton, Melva Williams, Ruth Wllfiams,Mrs,Olivia Seay Ammons, Cilia Mae Thompson, Beaulah Taylor, Vera Gilmore Jessie Pollard, Ellen Stinnett, Bessie Reed, Ruby Mason, Rubby Pollard, Professor for the Home Edonomics Department, its first Home Eco- nomics Department, was Mrs, Eva Swan Hodge,empioyedas head of the department since 1990. Our first volunteer coach Willie Hodge, a stu- dent of Prairie View College hired Mr. Clyde Alcorn, Dir. A. T. Stil- ler and Dir. Paul Briscoe, woo is head coach at the present time. For our first music Mrs. Anna Bell Woods Holford, Miss M. L. Burrow, elementary teacher, has a Masters, with students coming each year; and Mrs. S. P. Varner with a Masters of Education, Mrs, P. M. Brooks added a combination teacher of Music and academic work. She has a Masters degree and has post-graduate work. Mrs. Eva Hodge, with a • Masters, has studied Post-Graduate work; Miss Gladys Standifer, secretary; Eiasada Peace Lactile Nix, 0. hl, Ammons, Paul Briscoe, have Masters in their Heil, favorites of Denton- Mr. Richard Hardman, Dlr. A. L. Foston, Mrs. Eula Gray, Master of iducation, Mrs, Georgia Davis, blaster degree, Fred Moore a District Director for DIstricIandState Inter-Scholastic League Meets winning In all. In 1949 the Negro park was given a name. The citizens had the privilege of selecting a name by sending in their choice name, When counted, had receiv nan ed FreJ Moore Park, athe la fter wtdch he made ready for i he operations The succe EiospiW, Dallass with theirl yrise vereefficpien doct rs. If I mkay wentioo, Dr. M. L. Holland and Dr. J. W. Holland Denton Hospital and Clinic, Dr. Paul Mathews, Medical Arts Building, ballas, Texas, Fred's doctor told that he was supposed to have bee,, dead ten years ago. The prayers of many friends came in. Students and friends and family did every possible thing to help him. Radio services kept him in touch with his s,hwL. Broadcasts, programs of dedication, planned by Mrs. P, N1. Broeks and Mrs. Alexander announcing his absence kept the scheduied { activities going. They were def': sated to him and his weedy recovery. I i j t i 1 1 I i I FI:Et) %1k)OHE The Dedication of the Fred Moore Park *a-;held in the park, with the Dixon Motor company furnishing a truck for the Chorus, and a Program was planned by Director, hlrs. P, bS. Brooks, \vQdb by the u eptance the members of the School 9oard and clubs, follOowed by speech; an b saying; "Mr. IvOY and members of the Park Board, Fred beg we, the and Gen emen herein assembled: rds and Respecting the occaslon for Expressing come together, LadieNegros Pcyulation of Denton, are v'h ~res hasing our highest rega sacrificed }our most sincere admtration fo nd peautif have this location for our people preclous time in securing rateful to you. And to use the words of h Was done for which we are superlatively B will never forget what was done president Lincoln in his Geltyslrarg as will Address ewoge w remember what ' cp inad icatiag but mc this excelfflenl park to us;tlhlenettheawhitesand acre. ' act of benevolence arid friendlytlre 1Y Dentua is one of the cities in l this Negro citizens in Denton. And by g p and . accept since this the continental re~ion of America. Gentlemen, we lad!gir s !nd[spensable gift or out people, our lucky toys ( park is to be dedica ted in the t ou very mucchIsh hfo l r an unusual ho nor l Park please ermit me to Shank Y attitude proper r attit attic towards ou letcus have the prope monument ,,r For or fellow Gentlemen' man," acshvemenl high regards for En lish, Greek, French Fred taught Latin and had t eakSng disttnc Y for he tried to set and other languages, tie stressed 4 th today, he made himself a a splendid example, Concerned with the you counselor and guided them on the right way. could to[see things before He described tomorrow as a new world; te l they happtined, Yet he did not believe in forhtues. j Ater Ais prolonged life his WOrri were: 1. Will my son have a job? 2, Where will my daughter teach? t 3, What jobs will be opened Will our parents to able to 00011 for my children? Will the upperstream ould parents go to schonl' Y 6. Sh 1, What can l do? to my son" tb, µhat will Ral pen 9, Does our schooling en should my child take? 15. What course or study entaily, physically, s°Cially and morally,be said, 'ro build childreeachother ittheyare to progress. Just think, we ,,,We must stop fighting. over the U, S., especially in the have come a long way SVr e1865,looking south; the (a a colleges M1 public school b,ildings churches, homes st~ farms, Dussn(0s[ us t°obelDbeauty ~ of. Leto uss h°pe that we may keep Bo 6e' by Negroes, i 4 L I ` i I 7 k I t 26 FRED MOORE ; He wondered sometimes If conditions In the north had been the same, would they havebeen freed so soon. Since the warmer climatic conditions were best suited for the Negro in the south, the Negro must have been very valuable to the white man. Explaining the Negro's progress in a short time, he sometimes wondered if air people had been left In the old country, would they have been better eif. ' For me " Fred says, "no, I am glad we are here." Fred said we have no bia factories, ship yards corporations, and ral!- road trains, but we are tree to a higher educalf'on. f During a long period, Fred gives a special thanks to every one wbo ` has helped make our Celebrations aid Juneteenth a grand successl We especially wish to thank the following organizations and churches for f their donations; Dentin Chamber of Commerce, the American Legion, the Rev. F. L. Haynes and members, the Rev. B. V. Johnson Monroe Pearson, Whitson Wbobesale Co„ the Rev. Davis and members, Bracken- ridge Dom. Employees, and all persons givfngdonallons.We do thank the Army Recruiting and Police Department forlbeir services, the commit- tees, chairman and all businesses participating inourparades, the peo- ple decorating, and Andrew Church of God In Christ for rendering i spirituals. Prof. was a man who believed every man should act like a man. He II taught children to show a mark of intelligence; to always conduct them- selves well. Seek an education, and work for it, not loafing, dropping in L~nd out of school but complete high school training and go to college. Have an aim In life and be ready to fit into eoclety to know and learn with clean d bod mind. Fromaihegn any talks he stressed chhealthy aractter To many who lisateeineif. over and over, there are some of his familiar sayings. He staled that character development is Inevitable; it goes on with children daily. Character is farmed forbetterorforworse.Prof. Moore felt for proper character development there should be created in our community an environment which will Ove opportunities to know the right and to practice the right until it becomes a habit. Many times Prof. called groups together and talked, or one might say, taught. As he taught here in the Denton Public School9 years, almost four generations came under his supervision and the majority of the people of Denton accepted his advice, and criticisms. When necessary, he helped with every worth- while effort. In almost every or"zation Prof. was the person who called the group together for the goon' still stressing certain laws to help people. He felt and taught the Law of Self-Control. Prof made a study at his library. He gave these rules for character building: Good Americans control themselves. Those who best control them. selves can best serve this country, Controlling tongue, controlling thoughts, Controlling temper, contrulling actions. Learning to be thrifty and insist on doing right. i ! , t FRED) MOORE 27 Never ridicule nor defUe the character of another, Keep your self. respect and help others to keep theirs. Good health was always Important. Prof, used to walk everyday and exercise outside with the entire student body. This was done early of every morning. Keeping clothes body and mind clean. Avoid habits that hurt one and never break the habits that help, The law of kindness, In America we areof different; ores, but we ara one great people. Every unkindness hurts the common lite, ^very kind- ness helps. One should be kSnd in thoughts and never despise anpone. Be kind In speech, never gossip or speak unkindly of others. Words may wound or heal, Never Insist on having your own way no matter how it satisfies, Use l,a. Bible uotatlon asadailyguide; ,Do Unto Others As You Would Have Them Do Unto You." Self- reliance--Self-reilance Is a,+e'ul and strong. Listen to asvice of older and wiser people, Reverence t:r; wishesof those who love and care for you. Develop Independence and wisdom. Choose for yourself. Act for yourself according to what seems right and fair never being afraid E of being laughed at when you are rl h4 Prof, used to say 'Every tub must sit on Its own bottom,' When you are right, neverbe afraid of doing right even when the crowd goes wrong, When In pain, trouble and danger be brave. A coward does not make a good citizen, The haw of Duty.-Theshlrkerarid the Idler live upon others burdening others with work unfairly, • Always PlayFalr- •Thelawofsportsmanshiprequiresthis.Strungplay r Increases and Ira" ones strength and courage. Sportsmanship helps one to tie a gentleman, and a lady. Never cheat and treat your opponents with courtesy, Trust themifthe) deserve It, but beware of the fox. Sometimes 1 trust no men, but only God, At play, be generous, fair and honorable. Friends and patrons who have Pn)oyed the wonderful muclc from Fred Moore School, rendered by P. M. br:oks, has grown from 53 to 60, and Will pride, In memory of one who loved music from his early childhood, Prof, Moore, it is believed by his famllyand relatives, pasted from this earth hearing the music he loved so dear Somehow Sumewhere in the Air," Some of Prof, Moore's favorites were, "Soon-I Will Be Done With The Troubles of the World'' Early In the Morning", and "At Christmas:" Fred kept the friendship between the two races in Denton. He was Introduced by the leading citizens as a great teacher of thorough understanding of the Negro and white races, it was his firm belief that these two races were frlends and felt that they had reasons aJd ppruof to feel the need of each other. {fe would always show the Negro as bete useful, wilting, dependent and devoted to the families, businesses, and different )obs lheyhetd, For instance, Fred wouldpoint out and use cases he knew of that Negro menand women were known to be very good cooks, maids, and babysitiers for children, This was a trust, confidence, faith, 1 t s I~ r i k i I 29 HIP"r) \ffiohh: security, respect and contentment j was one of the if ways each wiyle families race knew one another. he t Negro, sOf ! Aeopie work rk ng together were of great help to each businessman women could leave home and carry on big business with a feeitn ! their families were safe and made "ea16S with their rj that cooks t I Arid cooked, and their clothing and hom y and stron es kept clean by I oUS and 9 With 2nds their of Negro Ne, housekeepers, ,i S ome received lair salaries many while le families , nurse shared maids c etc loth ng, food and shelter for rtes del gro help, This has been known here In our d an des city of Denton by bankers law 5 Or, ministers and their members buslnessesp, ivate to the ~l clubs homes her organ!zallons, The two colleges gave don hides s, egro bs and otschool Children and churches nn buildings, and mane other old 1~ n~ aFre cts of good will yak and alert enough to keep the young and !le Wso spoke to classes at ti TrSclaUon for the many, man friends, Preside subjects and Other worthw' College (now tNlverslty~ on Race president, and teachers chose Fred mtansuDpects. The past and present importer il. Frad Moo rte wined each rage to t~oW a for each raceswas eel 10 k:ecp us good school facilities, flee ice tO know t and thoughts' desires we might all make good leadersand successh~l bustnd good s~driestha E al woen • along had whit Bald In thi tWs L' many W M and mes that Denton was the finest city for getting , , Noselamiltes will alwzys enlOY and aPpre. the Close beaaebet better place Ina hl hhto IbYtweee d n the rar, - and see i l there can't grow Denton. J i 1 r f s i 'i I 1 r FRED %tODRE 49 Fred's religious life was a happy experience. It was never shown i emotionally, but expressed by doing for others. i Many years people of Denton were lacking of himes, work, food, and clothing. A great deal of his time was spent helping people get jobs and homes, which he did by going on notes for them. He was asked, Why did he stay in town so much'?" Hts answer was always "i am trying to make our people happy," It was unexplainable as to why be wanted things for others and forgot about himself, He organized the Epworth League, He enjoyed working with the young Wlk. They had debating and other round table discussions, and refresh- ments were served. We always had differences at the League. Some- times we walked home without saying a word to each other, During Christmas, his pleasure was carrying baskets to less for- turiate c hildrea and families, Son any of our chlld ren wanted him to bring their boa. Ore day he called the four of them in and told a sad story of children whom their mothers had no work or no money, He said when Christmas came It was lust another dapp, This made them very sad. After then, my cytildren always helped Nm with them with a surprise at their surday school. I ~ Another inspiring time was annual conference which he looked for. ward to, and the Sunday School convention and Sunday School Council. As the district Supt., he was always asked to speak. On the rostrum, he would begin ggracefully greeting them by one of his humorous anti. t dotes about being In the pulpit, yet l think If he had wanted to be a preaclier, all he needed was to be ordained. After a few jokes, he painted a beautiful picture of God, In his conclusion a poem was re. ` cited taking his seat as be walked proudly while louYappiause echoed until he reached his seat, The Geneva Fellowship opened a series of programs on Christian belOfs, Fred llloore spoke to members of the First Presbyterian Church LISA. His talk was to center on the Negro's attitude toward Christianity and its development in average American towns, The fetlowshdp began with supper for all college students. Frei and Rev. Douglas made a wonderful trip to Denver, Colcradcv They were gone for ten days, while traveling through Pueblo Trini- dad, Colorado Springs and the mountains. They saw Pikes Peat, but did npt go to the top. After spending those days, it had been marvelous. On their way home, Fred went to the dressing room to wash up before breakfast, The door closed and locked some way and heco+tldnot get out, He did not get any breakfast and almost misA his dinner, When bedid come to the lunch, they all had a big laugh, His friend Rev. Douglas went to raise the win. dow alter getting so hot laug;ring. He looked out the window and his hat blew out the window, so he came home without a hat, ' i ' I c ! h i R t I } I i 1 %U FRED MOORE I i Ile had lots of friends who were ministers, such as Rev, Allen Simp. 5011, and hl s son, the late Rev, George Simpson, who held one of the largest ch,.vrches In North Texas, The only difference between them, they smoked and Fred drank and smoked, as most Indians did, Fred had an old friend named John. They were boys together. John wen! away and stayed sixty years, In 19Sl, John came back to Denton unexpected. The years had made many physical changes; he was old and bent with steps slow, lie was shocked to see Fred looking so well, and I wondered why, as there was not much difference In their ages, As the two sat quietly talking of the past, he did not remember the well where we drew water, and threw upon the kids. He inquired about the old school, and Fred explalned they were all gone and no one left to greet f you but me. For a wtule, silence and then with a brush of cheek Fred smiled. John asked I'Fred , do you remember Sir. Miller used to jet me take my horse ind fuggy and run onthe race track?" Fred told him how North Texas College now stands uAlheoldCrawford and Herod farms a quaker town has gone; one of the largest schools now stands in that place--Texas State College for Women, John sat amazed asking about the hunting and fishing and If our old band place was staf there, In place you s?e a huge lake with row boats a boat-bullding plant and beautiful housebcats; a regular summer resort for people who can afford such luxury. I I ~ M I i f I I f L 1 ♦ N. t 1 4 .r , t CIrfy._ COUNCIL IJ t w: 1+ u•V~ ` ~~CO~ J Ma `FF T E 11... 4Y1 n~ ~ e c# 1 H 1 \ MJ . 1 u ~ ~ 1-41J 111 J` Y. a wLi_.a 14 , 11_.. yla.. u..ylA♦l- 4y.\JU,J. a1yy F.1.1++11.1a H• rJ Ja ♦LLi111:-L~ll,....arJ uL y _ ,I :i L t DATE: U5/15/9U} CITY COUNCIL REPORT FURMA'I I TO Mayor and Members of the City Council FRO14: Lloyd V. Harrell, City Manager SUBJECT: AMENDMENT OF AN EXISTING PLANNED DEVELCPMEPi'f (PD 134) TO MODIFY THE SEWAGE DISFUSAL REQUIREMENTS. I I RECOMMENDATION: The Planning and Zoning Commission recommended approval (5-0) at its April 25, 19'U meeting. SUMMARY: The site is approximately 2.466 acres and there is an undeveloped planned development approved. This is an application to amend the planned development detailed plan and Ordinance No. 9U-001 modifying the on-site sewage disposal system in accordance with the existing disposal permit. BACKGROUND: Please see attached staff report and attachments which include a location map, amended detailed plan, Ordinance 19U-OU'/ (with 1 suggested revision and modified ordinance), PROGRAMS, DEPAR'r11ENT5 OR GRUUPS AFFF;CTED: I Environmental Haalth Services FISCAL IMPACT: None at this time. Respe- ily submit[ d: Preparad by: L1oy V. Hare 1 GI` City Manager. G. Owen Yost, ASIA Urban P7.anaer Appr~ Ap- F ank H. Robbins, AlCP Executive Director Planning arid Development k L ~ I r I i ' II r it I i Sl:~rr~ Rc:f'Ulll' i c i I f Mayor and members uE City Uouncil greeting Uate: May 15, 199U Case No.: L-9u-UU7 f GLNLBAL INFORM 11'IUN Applicant: Ai Lissberger/A t, i. Construction P. U. box 3058 Denton, IX 76202 I (817) 5bb-2873 status o Applicant: Uwner Requested Action: Au amendment to an existing planned development district. 1'he amendment would modify the on-site sewage disposal system area and modify a condition coiccerning connection to city utilities. location and Size: Tire properly is lueated east of and abutting r-351: and west of the Arnl' Railroad, and is between YOCKrus i Page and Shady Shores Roads. Itce tract is aypruximately 2.468 acres in ' size. Surrounding Land Use j and Zoning: Nurtli - Vacant, cocm,acrctal zoning ~J South - Vacant, agriculture zoning t:ast - Hobile puma park, agriculture zoning If Test - 1-35i Right-of-way Uouton Development flan: Moderate activity center I ' sl'LCrAI, 1NiuxgtArl~~i Transportation; IhOrC would uc uo change to inc existing piauned development regarding transpurtatiun. , t r I' ~ 1 I f li i ~Casc Z-'eJ-UJ7) ~ Pago two I SPECIAL INYVr wA11Q tCOntinucd) ~ U t i l i t i e s ihe-reyui.rcweut that the applicant ; will connect to uenton's sewer system l when development exceeds 8,000 squire feet would be eliminated. In addition, the on-site sewage disposal fi System wouid be modified, in order to ~ J f concur with the disposal permit. The 1 h adopted plans show an area of 94U { square feet for a drain field I~ improvement area. the amen&ent would increase the size of that area ` to 1,204 square feet. h Drainage: there would ue uu c+cauge to the existing plaoued development i~ regarding drainage, ~ 11 I5 i'UNY 1 Tne original planned development urdihaace and detailed plan was approved on November 29, 1969. Cho final plat Eor this site was { 1 approved on Feuruary 14, 1990. Otaur tuan this minor amendment r to the ordinance, and revision to the detailed plan, there would - be no change to what tae City Council authorized. - a - j ANAL1615 I Future development and cunncctiun to Ueaton's sewer system would 4 be must appropriate where tied to a determination of whether or ` nut sewage disposal, as then propused, is permitaule, not a building square foot figure. Also, the improvement area shown { on the detailed plan was nut adequate. Instead, toe information shown un the preliminary plat was the basis for a disposal permit. This inf.otmation is proposed to be added to the detailed plan, lhere'uy eliAinating any discrepaucy between the { uh-site sewage disposal permit, tau prcliwia ry plat, and the detail plan. --11he applicant, and the staff, concur with Luis analysis. 1 1 4 i c i I~ 1 l i i (Ease 1-9U-UU1) Page Wee RLCUD{MGNUUM4 Phe Planning G Zoning 3/25/90 meeting Corn,;rission recowoieuded approval at its - . ' AHERNAi' 1 V1 S 1 1. Approve petition 2. Approve petition with idditional conditions ` 3, lleuy petition Ai fACklidEWS ' 1. Locatiarmap 2. Amended detail plan II Y3. Ordinance Noi 9U^u07 has amended) i I it I I II I 028g l i USSBERGER PLANNED DEVELOPMENT AMENDMENT A ~ 2 I -•r•r,. r•..•1 rr• 1 1 r I f w• w • r• r l 1 ~ ►eearve ►a e A I ~ II I I I ~I ITS ~ j r I 1 I I 1 I 1 I I i 1 FS 1~ I i r 1 ►Uf Olll NO lsl. MWI µ •C Oll ltl eA LINI Fool llw A. If1 l.Orff (A IrNI HHWn 1 I\nw Mu ~ ♦ : h1 eft lr$ Lrof - r1 h1111TI 011 (Inu41\w M'tl N) - 8 `Mx 04 II I 11~)rt tl nt Mlw IIkW iN tiA i t0 L • r T plat r 1 6 ~ _ I l ` C I M CO11 ~ l LS IISIM - 1 d (f s) _ r_ tl Ilut ltT'I W /11 StiII4 tRll hM M / a s aor" Lot) 7 'If 3I771 34 NlOtll M11I\ ~ p ynl 1 ly N /tt{f /NASf : 40TJ IV. Fffim t' C3 1 o e},,1 i [[1~1 I F ! I p~ III~SI I ~ p • t ft~,,,1 ~ I I ~ colt 1 ; > p~ YIS 1 1' >,Irt CR av I i ~ ~ 14 7Krllovte I "~n ~ ``riryttfl~l fvt►T 4RIR ltTIM r I ~ hill lu w) JYJfIH.I1N pfY f - r•Vlln t ® O J'Jf/A R At IUI _ _ - '-~°~g° t 11 rvAroT,A~tnteTta 444gi(m .4w.0 so 11 a t 1 IJyITJ -IAwt It. Hlrtlt ull• o~ _ t t I i t tt"l loot 244 culvcrT rMr,.rnr - - [MCUTt aNML w i r. 1 N IM \rr/l .,L . - YI J7'ee M 1 J' 7t1 n: O. N it - .yra/ • i}AAS 7t~o CI ~laarMffP~ t~fl f y TYyN*.q tII (7.11•ilnl RD DETAILED PLAN ,W~rnulnc cs'wtc H>v< ,y lA l~'M Ir. (SII WRIT F uuelrcn LOT 1, BLOCK A .YI• /uu ISSBERM ADDITION ,L ' 30 0 DENTON, TEAS Sf AV)tr Atl\e Alrl,~«I My r L 1J f 700' RANI. N i it I I t c ATTACHMENT 3 G. CITY 7", RI RIOT i F"r'. ...,,:TUJf.',..r~ '''A" L ~ :L: ; .YD L J.. ,Ori•iFtIT "C.Dri'v•L'! r 2.•173 'X% FS OF Lf'J"D LOCA~'ED EAS'P OY4-A.wb ABUTTING CI-3LAS5SEI..^ACIID 5ChP10IO1i ; F O G F FI 1'11E }1; i jI,ROAD, CE'Pl7EEN POcKRUS-PAGE ROAD AND SHADY SFIRBS RC,AD, ?•S IIO '•3 PA^.TICUI'+RL't DESCRIBED HEREIN! PROVID- ItrG FOR THE OF A G T1,ILED FUJI; FOR THE DISTRICT; PROVID- ING FOR A F'ENUT'i' IN THE NAXI{'iUlt F.!!Ou:rP OF $2,000.00 FOR VIOLATIONS Tin'ISOF; 1'1tD P<',CVIDItIG rOR AN EFFECTIVE DATE. WHEREAS, Al Lissbarger has pet.tioned for change in ng fron agricultural to planned dC%'elo;;ment "PD" zoning district classification for 2.473 acres of land located s?sti of and abutting s-Pa I-35E and west of the ;lfiT Railroad, of betweend ock ed plan Rfor the Shady Shores Road, and for approval district; and NHEREAS. on Novc.nber 291 19391 the Planning and Zoning com- nission held a public hearing on the petition and recommended approval thereof; and, WHEREAS, on January 16, 19900 the City Council held a public hearing on tars petition, notice of which was given as provided by law; NOIT, Is: ERE FORE, THE COIi1:C71, OF T}IE CITY OF D£NTOt} HEREBY OFDAIHS: That the 2.473 acres of land described in Exhibit t'A", attached hereto and incorporated herein by reference, is Changed iron Agricultural "A" zoning district classification to Planned DovolopmAnt "PD" zoning district classification under the co-mprehens{ve zoning ordinat.ce of the City of Denton, Texas. SF('T141j_JI,. That pursuant to the provisions of article 11 of Appendix B-loniul'l of the Coda of ordinances, the Detailed Plan designated as Exhibit "B", attached hereto and incorporated herein such by shallc bey dGvolop d, used; ands maintained tin accordance with is proved for the land d conditions, heroin approved subject detailed lan additional a following dovelcpment to the 1) corrugatod or any other steel construction will not be, ( allowed on the front exterior of the building. ;1 all be connccted to a public sanitary p (2) The pro?erty se'acr E,7stPm Er to City ordinances before any n~E t A15 t_~ g ► T I II`I'// ti^ estaurant begins Ii bus iness'.5~ whabull occur r 3L ~Cl{LIIHfFrf~,~ 5C`'.1?I•^ fu / rs-- gxGC d'1 ~L~Q (3) The existing houso on the site shall be demolished or removed when building development on the site exceeds 3,000 sc,uare fce'C of floor space. I S-1 I +1 11 I r i ATTACIiMEN`l 3 I p. Lei l..r r. - - A: C ilI' ,L',~. Gi' II'i! ~r' C 'li:0tf, 9 n1.:~, Pl'.0'1I )I CG FO Flcu ~.I L:L. "A' 10 i1 ED L vi: Oi'cilN'T 0M rEELtRIcr CI.AsFIF!CITIO:f I'Oc 2,473 'X_.7S OF L-aD LOCAT'F.D11CAST 0 f ~rYIRII I-35 E AND 17EST Oe THE 11':'0 RAIIS20AD, DET;iEEN POch'FUS-PAGE ROADTAND SHADY SHORES ROAD, AS 1101:5 PARTICULARLY LESCRISED HEREIN; PROVID- ING FOR THE APf?t;VAL OF A DETAILED PL%N FOR THE DISTRICT; PROVID- ING FOR A PENALTY ill THE 1LNX1HLT l A140UN'1' OF $2, 000.00 FOR VIOLATIONS T?IcREOF; ?,I;D P;,O'JIDI'N•G FOR Alf EFFECTIVE DATE, MJFREAS, Al Ltssberger has petitioned for a change in zoning from agricultural. "A" to planned development 'tPD" zoning district classification for 2.473 acres of land located east of and abutting I-15E :,,,d west of the MKT Railroad, between Pockrus-page Road and snidy Shores Road, and for approval of a detailed plan for the district; and WHEREAS, on Novemtar 29, 1939, the Planning and Zoning com- vissiori held a public hearing on the petition and recommended approval thareof; and, '71iEzEAS, on January 16, 1990, the City Council held a public hearing on the petition, notice of which was given as provided by law; Notre THEREFORE, ~l j THE COUNCIL OF THE CITY OF DENTON HERESY ORDAINS; zF~rTI~ L That the 2,473 acres of land descrihed in Exhibit "A", attached hereto end incorp-irated herein by reference, is changed from Agricultural "A" zoning dL,;triet classification to Planned Develepnent "BPD" zoning district classification under the comprehensive zoning ordinance of the City of Denton, Texas. 5FWT 1U1J. That pursuant to the nrov'.sicns of article 11 of Appc:ndix 8-Zoning of the Code of Ordinance±s, the Detiiled Plan designated as Exhibit "S", attached hereto and incorporated herein by reference, is approved for the district, so that hereafter such land shall bey d6valoped, used, and maintained in accordance with the detailed plan and development standards heroin approved subject to the additienr,l following conditions: (1) Corrugated or any other steel construction will not be. alloyed on the front exterior oP the building. f p (2) The proparry shall be connactecl to a public sanitary PSICf~~ ~ tC' sewer rysL•em according to City ordinances bofoYe any restaurant beyino business; when tuil~ d Lado (~L t~6, I~LT. ~OCe:dz R.~ S~tt9Y.=try • w i t •r , !b'C OCCLtry r + (3) The existing hous3 on the site shall be demolished or removed when building development on the site exceeds 3,000 rr,uarc Lecl oe floor sp.-ca. r P l I I I 1 1 ORDINANCE NO, i AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE DETAILED PLAN FOR THE PLANNED DEVELOPMENT DISTRICT ESTABLISHED BY ORDINANCE N0. 90-007 AND AMENDING A CONDITION THEREOF RELATING TO WASTEWATER SFOR THE ERVICE FOR Y VIOLATIONS PROVIDING THEREOF; PENALTY AND PROVIDITHE NG MAXIMUM AMOUNT OF $200000 OR AN EFFECTIVE DATE. WHEREAS, by Ordinance No. 90-007, the City council approved a planned development district for 2.4 acres of land located east of and abutting I-35E and west of the M.K.T. Railroad, between Pockrus-Page Road and Shady Shores Road; and WHEREAS, Al Lissberger has petitioned to amend the regulations for wastewater facilities for the property; and WHEREAS, the Planning and Zoning Commission has recommended approval of the amendment; NOW, THEREFORE, 1 THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That Section II of Ordinance No. 90-007, is amended to read as follows: Section II That the First Amended Detailed Plan, attached as Exhibit "B", is adopted for the iistrict and the property shall be constructed, used, and maintained in accordance with the amended detailed plan, subject to the following conditions: J (1) Corrugated or any other steel construction will not be allowed on the front exterior of the buildin.;. (2) The property shall be connected to a public sanitary sewer system before any restaurant in the development begins business. (3) The existing house on the site shall be demolished or removed when building development on the site exceeds 5,000 square feet of floor space. (4) The dance floor in any restaurant or private club use shall not exceed 2,000 square feet of floor space. (5) Vehicles to be repaired or painted in conjunction with any automotive service use shall be parked 1n the rear of the building. Page 1 { (6) Shared parking standards shall only apply in this PD district when and if the district is used for restaurant or private club purposes. otherwise, parking require- ments shall be determined from the Denton Code of I Ordinances Article 15, of Appendix B-Zoning, for all phases of building development. SECTION Ii. That a copy of this ordinance shall be attached to ordinance No. 90-007, showing the amendment approved. f SECTION III, That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding day $2,000.00. Each distinct offense. is violated a separate provision shall constitute SECTION IV, That this .)rdinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of _ r 1990. I it BOB CASTLEBERRY, MAYOR I I ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: `D~- - 49059A Page 2 K 1 f ; EXHIBIT "A" , FIE.D SOTES to all that :ertain tract of land situated in the C. Walker Survey Abstract N,,mber 1330 in tie City and County of Denton Texas and being all of the called 1.468 acre tract described in the deed from Estell4 H. 'Woodford to Caraway/touts J.V. recoce.ed in Volume 1463 Page 75 of the Real Property Records of Denton County, Texas and being a part of the called 8.931 acre tract described in the deed from Larry Schmitt to Bob Caraway recorded in Volume 1484 Page 146 of said Real Property Records as recognized and occupied on the ground; the subject tract beirg more particulary described as follows; BEGINNING for the Northwest Corner of the tract being described herein at an iron rod found at the Northwest corner of the said 1.468 acre tract in the monumented Northeasterly right-of-way line of Intnrstate Highway 35E; THENCE North 42 Degrees 55 Minutes 48 Seconds East with the North line of said 1.468 acre tract s distance of 316.39 feat to an iron cod found at the Northeast Corner thereof, in the Southerly right-of•vay line of the M.K.&T. Railroad; j LiOCE South 30 degrees 32 Minutes 43 Seconds East along said Railroad a distance of 78.62 feet to the beginning of a curre to the left having a radius of 1273.57 feet; FHENCE in a Southeasterly direction along the are of said curve, along said Railroad at 158.36 feet passing an iron rod set for the Southeast Cotner of said 1.468 acre tract, same being the Northeast Corner of said 8.931 acre tract and continuing along said curve, in all, a total are distance of 347.74 fast ( chord bearing of South 38 Degrees 22 Minutes 03 Seconds East a distance of 346.66 feet to an iron rod set for the Southeast corner of the herein described tract; THENCE South 42 Degrees 56 Minutes 51 Seconds west vith a line parallel with the South line of said 1.468 acre tract a distance of 220.48 feet to in iron rod set for the Southeast corner of the herein described tract in the Northeasterly line of the abovementioned Highway; THENCE North 49 Degrees 57 Minutes 00 Seconds Best along said Highvey as monumented at 188.70 feet passing an iron rod set for the Southwest Corner of said 1.468 acre tract and continuing along said routs with said Highvey, in all, a total distance of 418.70 feet to the PLACE 01 BEGMNG and enclosing 2.473 acres of land. i These Field Notes were prepared from an on the ground survey made by me on August 17, 1968. I Mi( rih~ yy heel J. Kern R.A.S. No. 4158 Da e . WAAL J.KLgN~ 4158 fc i 6 i i i 'r EXHIBIT "B" FIRST AMENDED DETAILED PLAN CONSISTING OF: t 1. PD site plan (1 page). 2. Landscape plan (1 page). 1 3. Developmeot standards (6 pages). 1 1 4. Parking standards for mixed-use developments (2 pages) 1 i i i I 1 i r rueuRl T+,~17<10mArtl U `•COlllrtcll ttet I"Irw1A. Sri NTII d I •n nuw.. • ` 'r r. ~r. te.• -tip • ~ •nhetJ UA; - 6~ r \ IIh,Y4 IIAr.I {=M7 (rw.(f.l/M11„tY,l~:\rlp~1~lEIII'.~(OII 1(rl ill, M:. 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(061 X-thy lr lM IG - d 1 JIM: T a 1 Nl7lJ t y p,In u r ~unwN1 UKL-- y 1 Y I r~ • 1 1 ---Z-t----M-- I iir~ wl rnr10ew1 > i V I f I 1 1 Up tr11Y Iltl a0A0 1 JOIN rIr • 1 1 I&M Ott AV, f 1 1 1 , 1 (O {f~ ' 1 6..'.~ Y' i 1 ~IoAI MIN1~t N l 11 _~--r r'rsl• Ili 1 11rIM.WaIA "L ~J'JT rJ1MfItY ~ \1 Moll ~Ire 1 f 1 ~ w ra, r..q, O ~ rnln ~>,u u,n I Lee+ V _11- -II -`11 ~ Ir • ~ nlrrl /1yY 10 it ~ { 4 1 1 !1{/I C~II kICWL1 ri• . {e ot11111 ,`t r 1111{'NAIWI f4M Mrr . N111U/Ir / _ al. Coal 1.16 Callao, M • 1'rf'"'1• well ' a1. aaw 1'/t 110la Nfltf • fy •Tww moll-A. Nl al,,pld~~~ t1IlliNa aN011(N fa,i-f.Y' .I '1' NY•IIY I al.la ~-J'11.[MY Ya.r It1.11 u1t,l4 lr 911 usJ '-r le.~_-y J IANDSI CLAN IlVlty N«,IWI llUKR6EQ AtaTION f1 J----- al»rI+ DENTON,Tfm ' 1111181 Ilat• ~ all is. I•V N ` I i i r ' { i r II I i ATTACH.v{ ,ST GE•d~~JrE A:S ' DCTArLtD DCAN 1• Statement o1 i Secure P Q Intent or ow n _ er: f 'Ind ln ytrl' L`_in Plat & - build buildin for his bus n 0s.3 1 i I' St+erment lndicetlnq This area Ralaelon to Denton p inte' is' c` ur~ntl zoned a ev'loFv„enc +tricultur plater area, Ph ' e rod-ical charact is- located wlthi th--e P.,°sed uses - !ris tics w n a mod and t e elo ment~ arras} era, Consideration n Total Number of ACree for I,I 2.-r br..8 in t^ Propo,ed Di serict: Land vast and Total Numder w~~'--- f Of Aerea In Each Parcel or Tract: Single Family Detached b• Single ramil total Pea Y Attacaed ftarnho Posed Acreage C, Attached Patio/Carden/teto Lotueesr cluster r etc,) i d' puPlex Ltne --...1` Multi.ramlly of el co g' Nil4hporhood h, service Caneral Retail Co+fercial 7• Light Induatetal k• Heavy tadvstrial M 1. Other (specify) see 1lxhibit A -1 3-1 I I fi 3 i ii I ATT.ACH~ENT 3 DCTALLLD PLAu i E i I 1. Statement of Intent of Owner: Secure P.Q.-District zoning.0lat & build building for his business l and leasing. _ f i 2. Statement Indicating Relation to Denton Development Plan: This area is currently zoned agriculture$ is located within a modera- intensity area. Physical characteristics warrant consideration for the proposed uses and type of development. . 3. Total Number of Acres in Proposed District: f 2.468 acres. e. Land Uses and Total Number of Acres in Each Parcel os Tract: Total Proposed Acreage a. Single family Detached b. Single family Attached (ta%nhouset, cluster, etc.) C, Attached Patio/Garden/lera Lot Line _ d. Duplex e. multi-family f, office g. Neighborhood Setvice h. cenerat Retail i. commetclal J• Light Induettial - k. Heavy IndWttiel 1 1. Gthet ctpeclfy) See Exhibit 11 -1 I 3-1 I I I I I I I t f ' 1 ii I i .Y Y I t ad;adent of s.rroun,tny land uses, rcnlng. streets, drALnaga fact IIttas, and other axtstIng of proposed Improvements. (Shen on concept of detailed plan,) I 6. Traffic and Transportation. - Indicate existing and proposed streets, parking lot Icading areas, access points. (Stioun on concept at detailed plan.) I protected Traffic Caceration. (Based on traffic study, it required.) 7. Bu tidings, a. Approximate location. (Shown on concept or detailed plan.) b. tIaximum height: _)6 feet and not over 20 feet in TVTA easement c. minimum setbacks: (Shown on concept or detailed plan.! 181 to northwest) 18' to rearr 18' to southeast( 751+ at front d. maximum gross floor area (square feet) for nonresidential: Maximum, 33,377 sq-ft. one building size as shown i A. Residential Subdivision, ! a. r)umbot of units per acre (donsity)I t b. Number and location of lots, (Shown an concept or detailed plan,) !I c. minimum sire, width and depth of lots: (Shown on concept or detailed plan.) d. Minimum front, side and coif yard setbacks: (Shown on concept of detailed pl ! i F F 3-2 !f r I~ -Stec all r.ai,aSe - ar^ pca., mate I:Gat l<7n of all exLst.n V pcnds, isles. C1'eadplau.s, aeher .sear ratane Lam or Ma 9 or proFosed c;sees, and improvements, (shown )oe drainage fact lreLos on concept at datall-Id plan.) I 10. Utilities - location of all major se--er, .ater or electrical lines and CacrirtLe y (Shown an Concept oc detailed plan,) V _ 11. Location of trees 31 in diameter - s1% (61 felt from gcound level, (Shown on concept cc detailed plan.) 12, Cpen Space - location and size of jroenbolt2, packs, common and recreatronal are f (Shown on concept or detailed plan,) f i 13. Screeninq - Location, type and site of all fences, berms or screening features. I~ (Shown on concept or detailed plan.) 310• of Burford Hol1Y hedge, high and entrance facade along front arkin iota - rasa elsewhere. An 8' screenin fence alon rear prc ~11 0bbscr en a t o s o w Ifui dfn pgante go sc`een $ay oore, wfi c w yUa, t bepaame co or as e' f 11. oeveLopmInt Schedule (concept plan) - showing specific date detailed plan will be submitted, date to start construction and complete consttueelon, and rate of development. All dates should indicate month and year. ADDITIONAL ACQUIP.Le_f1rS IOR A DCTAILfO PLAN I IS. .andaeaplnq Plan - major features and types of landscaping to be used. ` Entrance facade and 31 high Durford )lolly hedrte alone 110' o L ~Ilr lot frontagf as constructed: grass elsewhere. Detnil landscaping she on Landscape Plana. All landscaping incorporated in Planned Phasing shall be installed as building is constructed. I I 3-3 I r I ,If et i T i i I P Al Y :5. Signs ar.c. :::at wn, tope and sire in dtta~lei plan; OCnec~lfe, figns n~f; ~ conf Orm Co ,kctlcle 17 of the ZOning Ord in anti. A to, high 10' by zs~ sign shown on detail plan is proposed f k 17. Side w lks. (Shown an detailed PLan.) All sidewalks shall be built in first phase. { 19. All :nfermaticn requited for Prs:imtnary Plat in accatdence with Appendte A (Denton Cevelopment Code) of the Code of Ordinances. (A separate plat is required.) i 19. Do, olcpment Schedule (detailed plan) - Indicating stark. and completion of construction and the tats, of development. All dates should indicate month I t and year. See Exhibit 8 for First Phase construction and Second and later Lhase construction. ) 1I ~J ab 3-4 txgIDIT a -t The Planned Development District may include the following type of usus. Art Gallery or Museum Theatre, Other Than Drive-In Type School, Business or Trade Haullag or Storage Company Telephone, Businase Office Auto Painting and Body Repait Auto Sales and Repair (In Building) Roller or Ice Skating Rick Seat Cover and Muffler Installation Shop Bus stop or Repair Used Auto Parts Sales (In Building) Amusement Centtt Bakery or Confectionery Shop (Retail) Auto Laundry Cleaning and Pressing Small Shop and Pickup New Auto Parts Sales Stott Drapery, Needlevork or Weaving Shop New or Used Cat Sales Lot Greenhouse or Plant Nursery (Retail) (In Open) Household Appliance Service and Repair Antique Shop Nimtograpb, Stationery or Letter Shop Cafeteria Office, Professional and Administrative Custom Personal Service Shop off Premise Sale of beat and/or Nina florist or Garden Shop On Premise Sale of Beer and/or Wine Handicraft Shop Retail Stores i Shope 11000 Sq. Ft. at Lass Laundry or Cltaaing Studio for Photographer, Musician, Artist Self Service or Health Licensed Private Club Tool or Trailer Rectal c or Hospital Shop (No Outside Rune Pero Shop Animal Clinic Restaurant or Pane) Retail Store and Shope Actual Clinic or Hospital With Outside Runs Over 6,000 Sq. Ft. or Peas Secondhand Store, Used Cleautog and Dyeing Plant (Commercial) furniture or Rummage Sale Greenhouse or Plant Nursery Bakery (Wholesals) Claming plants bass or Carpets (Special Cabinet and Upholstery Shop Equipment) Login* and Motor Repaiciag Feed Store Laundry Plant (Commercial) Clothing Manufacture or Light Compounding Heavy machinery Sales aid or fabrication Storage Job Ptiating or Newspaper Priattae Plumbic$ Shop Petroleum Products Storage Wholesale Storage or Sales Warehouse Scientific or Research Laboratories Wholesale Office and Sample Rona The following type of uses will be prohibited. (a) Serail pumping station (b) Sawage treatment plant (c) Stable or related facilities for hotels (d) Truck parking lot (e) COMOCCial parking lot with structure (f) Auto wrackin` or Salvage Yard (g) Tire retreading or capping (h) Poultry hatchery (t) Storage yard (J) Said or gravel sales or storage (k) Heavy sAnufactuciae or industrial uses requiring spacial processes (1) Private utility shop or storage yard (e) Storied and sales of used furniture or appliances outside a building (i) Outside storage in front or side yards (o) Struslly oriented businesses 20692 6-5 i { c 19 October 1983 f EMBIT 6- l FIRST PBAS11 1990-1995 Construct initit1 4-,M2 sq. ft. of building *Construct 18-toot fire lava around entire building *Construct entrance facade and driveway *Construct grade and install 24-inch drainage culvert *Construct 20 parking spaces *Construct and tostall landscaping in front of building (66 sq. ft.) *Construct lsadscape area at top of parking area (102 sq. ft.) *Install trots Sa front of bay doors *Construct rid install lsadscape seas at front entrance (640 sq. ft.) *Install scra ciag hedge in front of parking lot (40 ft.) `Construct all sidewalk *Construct and install evapotranspiration system *Upgrade wall to most city code and supply water as needed "Grads and install rip-rap and 24-inch culvert in 15-toot sase"at at southwest corner of property *Clear out 135 culvert in front of property (southwest corner) *Construct and install island for dumpeter in rear *Construct and install island and lands aping for transformer (]0 sq. ft.) *Coostruct an 8-foot screening fence along the entire length of the property on the rest property line SECOND KQ LATER PHASES 1996-2010 *Construct balance of building 29,005 sq. ft.) *Construct balance of fire lane around building f *Construct balance of entrants facade and landscaping incorporated in each phase in street (7,196 sq. ft.) *Construct balance of landscaping incorporated in each phase in rear yard (41538 sq, ft.) *coastruct and install trees in landscape areas as show on Detail plan (17 Mexican Radbuds and 3 Live Oaks) *Construct and install balance of islands for dumpsters *Iastall balance of Ward Burford Holly screening hedge *Construct and install balance of landscape in front of building slnstall trees in front of bay doors *ttesove single family house when espamdiag building development over 6.000 sq, ft. *Remove septic system rhea connecting to city $averaged 6-6 I i i i M i p e ATTACHMENT a I. r CALCULATING PARKING FOR MIXED-USE DEVELOPMENTS! k ~ f ~ M WcEKDAY WEEKEND NIGHTTIME Daytime Evening Daytime Evening. p.~ tidn.M.- 0 a.a.• 0 Pia.• Midnight g P.m.) midnght) 6 a.m.) I ) Office/Industrial 1001 101 101 SL 51 Retail 60 90 100 70 5 Hotel 7S 100 75 100 7S Restaurant SO 100 100 100 10 Entertainment/ Recreational 40 100 90 100 10 'Source: PAS Report /377, Flexible Parking Requirements. II. Lfsber •e Additlani Parkim Requirements Ii -b_sii oa t e on n■ r Hance. ` 11,100 sq. ft. Office/Industrial....... 24 spaces 18,271 sq. ft. Retail 91 spaces 1,000 sq. ft. Restaurants............ 10 spaces Total 1S$ spaces - ,•1 19801/1 k f 1 l c1 t12. Lissser er Addition: Parkinuste 07 uses. Z WEEKDAY WEEXEND NIGHTTIME Daytime Evening Daytime evening (9 A.M. (6 p.m.- (9 a.m.• (6 p.m.- midnight 4 p.m.) midnight 4 p.m.) midnight) 6 a Office/Industrial 24 3 3 2 2 Retail SS 82 91 64 S Hotel . Restaurant 20 40 40 40 4 Entertainment/ Recreational TOTAL 99 125 134 106 11 i 4 h Sues&rv; According to this analysis$ 134 parking spaces is adequate for the proposed mixed use dev4lopment. This represents a 13.45 percent reduction of the ordinance requirements. 1.2 1910x/2 rcITy COUNCIL= c r + r1'V~ Y lFT~~ ~ laJ+'.} N µ : + 1 / 1 1 ~ y + a 4-4 i♦ c,O o ~'~r + ~ s Ir4[ p ~ ~l 1: 1 4 +,,.,3, .14411 ..tea....... rl. a. a.».... i_ +f[+[f;; d f ,r i I i 1 265IL-1/3689 NO. AN ORDINANCE ACCEPTING COPIPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE Or FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equip- ment, supplies or services in accordance with the procedures of state law and City ordinances; and WHEREAS, the City Manager or a designated employee hrs reviewed and recommended that the herein desc ibids lare i.esthe lowest responsible bids for the materials, equipment, iY services as shown in tine "Bid Proposals submitted therefor; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, IME COUNCIL OF THE CITY OF DENTU!'1 HEREBY ORDAINS: SECTION 1. That the numbered items in the following numbered bids'-for materials, equipment, supplies, or services, shown in tho "Hid Proposals" on file in the Oiiice of tine City's Pctrchasing ds Aent hereby accelptedcandiapprovedlnas hbeinguther loassigned west responsicble, bilira for such items: BID ITF14 A110G1~ HW8FR 140. _ VEll LCR -A" w M_- nwsFan R rnMnnmx-- 1.31i.a2g,.+Q $---6i r 681.12 .L_ 591.92 2.7.1 "M-BLEK 1102 . 3,4e.Se_ ~lDE• INC. - - 9A92 1102 5- - -11Q2_ P~sN~~I~t_ FARM 5 PORB _4, "34 ~~7 e SUYik1.L~1'SI.F3~'__._---_...--____ -•~c ..-_'.'$4^.•.&1/1~ _1 102 1102 _ t1 JUSTIH. SUP..~__ 1102 1108__ _ ALL. 11ATC11 ,6 K1{2F~_INC. 1636.70 1109 ALI` YUBA HEAT 'PEIANSFF:R Sr51 892.00 1 ~ C ITM•• I I C I I I 1 i 1 And approval of the above f tf,o Acceptance City Accepts the offer I That by SECTION II the s agrees to the bids for such items and numbere~tem of the submitted bids, lies or services in of the persons submitting equipment, suPP quantities purchase the materials, ,ecificatians, standards qua bid accordance with the terms, sF and for the speciiied sums contained in the Bid Inviter ons, proposals, and related documents. and persons submitting I SECTION III_ That should the City a to ve and`aecepted items And oreement suasmitatedresbis ult of } the appro formal written agreement the bids, the City 1.1anAger enter into a royal, and awarding authorized to execute Acceptance, APP rovided that j or his designated represenrshall is 1Fere Y A conditions the written contract which shall be attached hereto; P written cont with the terms, t the g~aStd~rdsn accordance ine uantities and specified sum; co"ta and spt,cifications, And related bid documents herein app in the Rid Proposal ACCepted• py royal of the above the acceptance And apt Council hereby 1 SECTIOti 1V_ Chat by numbered tens of the submitted bids the C t owrit-ten authorizes the expenditure of funds therefoursuante to a )mount and in accordance with the approved bids or pursuant made pursuant thereto as authori zed he reibecome effective ' SECTIOiV V. That this ordinYUVeaI shall imme ate y upon its passage and app ~ day o i ~ 1 9 9 0. PASSED AND APPRUVED this I I l BOB CCA•STLEBERRY, MAYOR I I I` ATTF,ST: f ~ G7NT-7)F(7F-.TA_RY 7 FhR A, Z S, APPROVED AS TO LEGAL NMI:, DEBRA ADAMI DRAYOVITGR, CIY ATTURNI':Y PAGE TWO I S ~ Y rY ~ I I t 1 rf t. it 1 DATE: MAY 15, 1990 CITY COUNCIL REPORT T0: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID# 1094 - FIBERGLASS ROADWAY LIGHTING RECOMKZ NDATION: We recommend this bid, for fiberglass roadway lighting, be awarded to the lowest bidder meeting specifications, W.M. Dusenberry Company, in a total amount of $38,198.40. SUMMARY: This bid is for replacement of warehouse stock and for upgrading existing streetlights. The poles from W.M. Dusenberry are the only poles which meets FHA break-away requirements. BACKGROUND: Tabulation sheet, Memorandum from Don McLaughlin i PROGRAMS, DEPARTMENT OR GROUPS AFFECTED: Warehouse Working , Capital FISCAL IMPACT: Account #710-043-0582-8708 I Respnctfuliy submitted: Lloyd I - ~XAWJ C1 ei Pre~ared by: ^ Name: Tom D. Shaw, C.P.S. Title: Purchasing Agent TDS/cj 029.DOC I I I I r if 1 r ii , Irr~. ' ' D2 k i CITY of DENTON MUNICIPAL UTILITIES/ 901-A Texas Street/ Denlon,Tx76201 I i MEMORANDUM ! T0: Denise Manning, Buyer, Purchasing Department 1 FROM, Donald McLaughlin, Electrical Engineering Administrator DATE: April 26, 1990 SUBJECT: BID 1094 FIBERGLASS ROADWAY LIGHTING i Please award the bid to William Dusenberry at: 35' pole $451.92 45' pole $821.36 Dusenberry was the only bidder to meet FHA (Federal Highway Administration) break away requirements. The low bid was from Cummins which was: 35' pole $440 45' pole $548 The bid was for 30 poles of each size making the total difference between the low bid and Dusenberry's bid $8,558.40. These poles will be used to replace stock lighting at the 1-35 access road at Prairie; and upgrading street lighting on Bonnie Brae from Hwy. 380 to Windsor. DLM: to 04269045 cc: R.E. Nelson, Executive Director of Utilities Ernie Tulles, Director of Electric Utilities I I I, I II h i J i l i it b O W btl n ro N H - - - - - - - - - - - - - - - - - - w w 0 C - ^ `1t O M IZI H y q^S r+ w C G] Ctl btl ro O r~ o Fi m M H Cr+7 [b+1 A c n r ti h) o ~r ~ rA N a M ~ .p M r+ j t ~ CrA M Hq O ,r f y ~ 'H kwn to p I ~ C N In ~r d y ~ LM Cz7 b > t d. LM 1I ro y LM z M I, O O o o ; q i O. In M •TM N N t~s z w o H 0 0 0 0 W M & E C N N N zM y n to a k O C C' ~ a O 11 7-. > O co ii 1 to O o w G'1 U O O O { to C I tj M t fl I Hr N O x n o 0 0 I~ 1 r t i I i i L i i S 1. I~ 7t 7 O ID to n tro7 d O w w I A C Z y x 0 0 ~ z y 3 ~F sc ts1 t*= f tD H 0 tv M H tri] M a K o ~ to to d N [+1 N V y roro y O ,r O O Cr~J N O t~ ti y y b W iP H 'C lJl L!I O • z r I H c~ `I' C y ~ w r~ w N N '7. 10 ~1 oP a N N k O w ,b CC to ~n --------------------a--o- I n} l l k w w ro wr33 Z y LA ~ n 0 0 y C I M ~ ~ sin r~ ~ I co o y ~ N OWi O O C M i i DATES MAY 15, 1990 i CITY COUNCIL REPORT i T0i Mayor and Members of the City Council k FROM: Lloyd V. Harrell, City Manager h SUBJECTi BID# 1102 - CHEMICALS AND HERBICIDES I RECOMMENDATIONS We recommend this bid be awarded to the love, I adder meeting specifications for each item as listed below. M Item Product Vendor Price Total 1 Oust Chem Spray North 7.918 6,081.12 2 Rodeo Estes Chemical 94.50 2,835.00 3 Surflan Tide, Inc. 54.27 2,713.50 I~ 4 Image Tide, Inc. 161.68 323.36 5 Fusilade VWR 72.91 72.91 6 Gallery Tide, Inc. 69.69 278.76 7 Round Up Estes Chemical 56.46 1,693.80 8 MC96 Dennis Farm Store 13.85 415.50 4 9 Oxamyl Chemical Turf 21.20 84.80 10 Orthene Estes Chemical 5.26 63.12 it Surfactant Justin Seed 4.60 110.40 f 12 Nutri-Sol Lesco, Inc. 1.36 32.64 TOTAL BID 14,704.91 i SUMMARYt These chemicals are for weed and pest control in and around City parks, substations, and right-of-ways. They are applied under the direction of licensed applicators. The quantities are estimated to be an annual supply, but may vary depending'upon the needs of the City. BACKGROUNDi Tabulation Sheet PROGRAMS, DEPARTMENT OR GROUPS AFFECTEDs Parks and Recreation, ` Part~Maintenance and Right-of-Ways, Drainage Area Maintenance FISCA*. IMPACTS Funds for the purchase of these chemicals and herbFr, es will come from 1989/90 budget funds. Respectfully submittedi LL iestd~7E I Prepared by: Name . Shaw, C.P.M. Titles Purchasing Agent TDS/cj 029.DOC r I~ i i I i, 4t > 0 to to ' 0 o 0 K) c z u NN rrw Al V%W0) u iP ~PN 010 Oar NObOD 3' H M i t M t O zqz •C..O;3 xo0 HHtgoRd0 > n r ~ K R7z Ctv"tG1~7.VOW r- "a fah o MHO H Mt"Mt'O {r~ t' H N 3 3 O C M Oz M 'd 'G td d N C t' n O~ M z N tS ~ y ~ t~j1 ~ Y 7no o n tH' 0 H X1 H C' r G tow~~ t'mCCt'ttA0 Z b t' En - - - - - - - - - - - t-' - - - - - - - - - - - - - - - - - - - - - - - - i N N to H M b w my Z C 3 V. V. I to to to I to r C7 ~7 H O NN rN a) -4 co V O• 0 { N\ O r N W o, ~7 r N ',0 Y o r to my o0 w co 0a0 0co (7~ 00 0 O O 000 O o N ' I F+ C 4 0 I N N {n I N I Nto 1 ~ M H b N to N r V7 b V1 b O d H .P J 01 b W Ln co lc~ ?G z (n O In CD -4 W In 00 O coo 0 O O 00 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - .a' O M M d NN Vf VINNVTrW V(fj z ,b N N V f N r O~ b b N 0) O b O y H •G W% (.n V7 ww JP 000 OOb Su O m En • . • • • • • . • . •,t Of+ bOD) OOOOOOv M O N O O V 1 0 0 0 0 0 0 0 co O O O O 0 0 0 0 0 0 C k +n r I I I V1 Co I M LM 1 O f) N r0 OCW NDi O D1 m 0 N V O N O N V1 O In 00 0 0 cc o ~ ` i II i ~ I s ~t > O W 0 ro H H - NOIO 01~1-NNOow 1 1 y S. 3>: M ITJ t d 7.z EOZ 700~,yHyx70 q n N K z C ~ zzz rvOib:0aMi~ ,roro M 0 y HH 'y am C7mt'ttvt"0y H C N N U I M Hr x7q q y n r 0 z N H 4 Cro K ttM77 Z 9 m q y tn" y H Z P M ~ q .G M C x H y zz Sni7 0 lTl b M x ~rH~3y y ~ ~ tn? tr" ~ H M Wt r~rrrrs z H ~ O d - - - - - - - - - - - - - - - - - - - - - - - - - - - - - C x w zz zzz zzzz z q 11 1 ~~1~ tn~, "1 X11 t7 N v7 do , o oN 0 000 I t 1 C x to , W M d L? to to V! C4 0 N {n tR > lM1N ON N 0w Ob V~ loN 0 (~y tG WN U7Nm C1 N iP04 JP W A A N 0 al w v w w 0 N 011J1 CT 10N tT 00 VI HNOW 00 o 0 0 0 0 0 0 0 0 0 V C y m 0q 11 `z1 to totoNtozZ t7 y R7V~ tjww ommmo w 0 tri lr O Q1 ~7 01 N 47 ODD .1 W O 0 0 0 0 0 H C LA N t M hi O N zzz cM1 p tn+nyH in an to B7 td a)v0 0 m w to O zH in H.. O O i~ w x~ tM q . . • • . to W eir m ~ y C)-v000 O- o000000 I IF- t 4 I1 i f t 1 i i k DATE: MAY 15, 1990 i CITY COUNCIL REPORT E TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID# 1108 - DIESEL ENGINE REPAIR PARTS RECOMMENDATION: We recommend this bid be awarded to the lowest bidder, Hatch & Kirk, Inc., in the amount of $91,636.70, FOB Denton with delivery in 30 days. SUMMARY: This bid is for the purchase of repair parts and service to overhaul the engine on the backup diesel generator #2. This unit is located at the Power Plant and is used to generate auxiliary power. The engine for unit #1 is also being overhauled by the same contractor and they are doing very good work. The alternate bid offered by Hatch and Kirk, in the amount of $90,952.47, does not include all parts listed on the Request for Bid. They feel that some parts listed will not be required. If this proves to be correct, the Purchase Order amount will be reduced accordingly. BACKGROUND: Tabulation Sheet PROGRAMS, DEPARTMENT OR GROUPS AFFECTED: Electric Production Department I FISCAL IMPACT: Funds for the purchase of these parts and services will cone from the 1989/90 Budget set aside for maintenance of generating equipment at the Power Plant. I Respec 11/y~sub, i ted: U L'.oy V. Harrell Tr ' City Manager P eP ep~f Name: Tom D. Shaw, C.P.M. Titles Purchasing Agent TDS/cj 029.DOC i t v o cc _ n ro H H C z d # - - - - - - - - - - - - - - - - - - - - - - - M , q C> b y co C H co M ~3 C M 3 H 1i kO p7 d ~ ro M o y H +q - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - N v, zzM ~H7 J tj ~ E ~ z I ~ o - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - j N C M M z x w o o 0 X N CHI N MM 9C > O~ LJ , n w O HS o~ z z , n a~ tD o I ~ I c < z O M X x tn C7 H x - ----_-_.-------------o-------------- s 1j 1 71 1 qq ~ Y E1 l L t 4 f i. I 1 4~9 1 DiREPAIR i t TO: Ernie Tu11)s Director, lectric Utilities FROM: Jim Thune Electric Production OATS: May S, 1950 SUBJEGT; Unit 01 diesel engine repair. ouotes to provide material and services to repair unit Di diesel a e attached under Bid Number 4108. Material Labor (Est) Shop Travel Total Hatch S Kirk $74,136.79 $13,590 $5,500 $500.00 $91,636.06 t Hunt Engine 74,453.06 12,000 $8,000 34,453.06 Stewart 6 $115,740.11 Stevenson 1 i Hatch recomme in thrid that we e amount of $91,636.70 for the repair uf the diesel engine. Jim 4une JT:flc Attachment t i 1 i i rl i H H '`_{I r~ as 1 a CC 1 yn Jn' ~ i i V • ~ 1 r rVn ~ ~ ~ n H r 9 0 r 62 rl 8 M r. A 1 s ti a r. ~ I I I I I ; p' r y Hatch Kipk WE } DIESEL PARTS SPECIALISTS yy.. f I May 5, 1990 ORIGINAL PROPOSAL Purchasing Department City of Denton 901-B Texas St. Denton, Texas 76201 Attention: Tom D. Shaw C.P.M., Purchasing Agent Reference: BID NUMBER 1108 BID TITLE DIESEL REPAIR PARTS Hatch & Kirk Inc. is pleaseo to quote as follows: SECTION I i Section-IA Qty Part No New P/N Description Unit Total 1 8 8070779 HK Bushing $79.80 $638.40 2 8 8071149 HK Bushing $24.31 $194.48 f 3 2 8187010 HK Seal $5.43 $10.86 j 4 32 8158150 Gasket $0.90 $28.80 5 8 8444284 R R Powerpack $1,850.14 $14,801.12 6 8 8444285 R R Poa7erpack $10664.59 $130316.72 7 32 8323694 R R Arm Assy. $79.52 $20544.64 8 16 8262439 8456128 R Arm Assy. $84.82 $10357.12 9 48 8146111 Pin $2.07 $99.3 10 48 442919 Pin $0.10 $4.80 w.~ 11 48 8135970 Race $5.09 S244.32 12 48 8051006 Roller $7.16 $343.68 13 48 8135971 Bushing $4.98 $239.D 14 16 8052307 Button $3.17 $50.72: 15 32 8085260 HK Bridge Assy. $47.71 $1,526.72 16 64 8085254 Adjuster $4.77 $305.28NR 17 32 8029167 HK Gasket $0.04 $1.28 18 16 8398796 Gasket $9.01 $144.16 19 8 8329498 8354118 HK Bearing, Rod $206.48 $1,651.84 20 8 8136114 HK Bearing, Rod $122.92 $983.36 31 1 8034708 R Crankshaft $130253.13 $130253.13 22 7 8136116 HK Bearing, main $95.42 $667.94 23 7 8077811 HK Bearing, main $95.42 $667.94 24 2 8136117 HK Bearing, Main $106.03 $212.06 25 2 8077813 8455668 HK Bearing, Main $100.72 $201.44 26 1 8136115 HK Bearing, main $116.63 $116.63 27 1 8077810 HK Bearing, main $111.33 $111.33 28 2 8028006 HK Collar $47.71 $95.42 29 4 8211348 8271623 HK Gasket $14.55 $58.20 30 1 8069155 HK Bushing $60.67 $60.67 31 1 8081391 HK Bushing $83.06 $83.06 32 2 8069157 HK Bushing $36.27 $72.54 33 2 8166495 HK Washer $16.78 $33.56 I om tix u!A 5111 LEARY AVENUE N W • SEATTLE, WASHINGTON 981074868 PHONE 206 7832766 • TELEX 32 8714 i t ti $40.78 $81.56 74 2 8069139 HK W Waasher sher $1,908.45 $1,90B.45 35 1 8274790 R Camshaft $1,908.45 $1x908.45 36 1 8274791 R Shell, One Tang $58.32 $3,732.48N F• t 37 64 8045117 Shelly Two Tang $27.00 $10728.00 $1.04 $2.08 38 64 6071176 HK Seal $1.90 $1.90 39 2 8085182 HK Gasket 2.14 40 1 8366785 Gasket $2.14 $4.02 41 1 8080850 HK Gasket $2.01 $ $2.47 $2.47 42 2 8074661 HK Gasket I 43 1 8085253 HK $1,325.31 $1j325.31 Pump, Oil $1,590.38 $1,590.38 4 1 6084556 R pump, $13.09 $26'18 I 15 1 8212777 R 9570610 HK Gasket $11.94 $23.88 16 2 8275292 294 9570609 HK Gasket $63.62 $127.24 N.A. 17 2 8275 9580758 tiK Seal Kit $79,52 $1,272.32 i8 2 8404507 Injector 5229295 8478049 K $1,802.43 $1#802.43 i9 16 8369677 R Blower $1 802.43 $1,602.43 ;,0 1 8069433 $'2.64 $2.64 ?l 1 8069492 8369676 R Blower Gasket Kit $19,95 $19.95 52 L 8261161 9580710 HK Gasket Kit $6.68 $E.68 53 1 8261173 Gasket Kit 3.71 54 1 8210011 HK Gasket Kit $15.90 $15.90 55 1 8340405 Gasket Kit $7,89 $7,89 81261164 210014 9580741 HK Gasket Kit 64.40 Gasket Kit $1.61 $553.28 57 1 8 58 40 8213372 Insert $34.58 $72136.79 59 16 8268641 HK subtotal I Note: All rebuilt (R) parts have been quoted aadditit net If your cores are unable to be rebuilt, charges will be incurred. All material in stock subject to prior sale. All prices FOB Denton, TX SECTION II IIA. Services of a qualified service representative toolingsto to perform work ourasnditeno. Price all per diem expen and reassembly of perform complete disassembly $13,500.00 the engine. Subtotal IIA IIB. Align bore block, clean and prepare block, covers rformed and pan for reassembly. Work to be pe in $5,500.00 Houston, T%. Subtotal 118 3 r t r C ei } i s s TIC. Travel Expenses Subtotal TIC $500.00 Total IIA + LIB + TIC _S19,500.00 Grand Total I + IT $91,636.79 J,Qworking days to complete service. i We quote the above f.o.b. delivered to Denton, Texas. Shipment can be made in 30 days from receipt of order. Terms net/30 unless otherwise indicated. In submitting the above bid, Hatch & Kirk agrees that acceptance of any or all bid items by the City of Denton, Texas within a reasonable period of time constitutes a contract. See attached insurance requirements. Thank you for this opportunity to quote. if you have any questions regarding any of the above information, please ca-1 for additional information. i cordially, Henry Alford Product Manager Replacement Parts for EMD Engines C i .r r i:. R h Hatch & KIM Inc, F x'F DIESEL PARTS SPECIALISTS May 5, 1990 AMENDED PROPOSAL Purchasing Department t City of Denton 901-B Texas St. Denton, Texas 76201 Attention: Tom D. Shaw C.P.M., Purchasing Agent Reference: BID NUMBER 1108 1 BID TITLE DIESEL REPAIR PARTS f Hatch 5 Kirk Inc. is pleased to quote as follows: SECTION I Section IA { Qty Part No New P/N Description Unit Total 1 8 8070779 HK Bushing $79.80 $638.40 2 8 8071149 HK Bushing $24.31 $194.48 3 2 8187010 HK Seal $5.43 $10.86 4 32 8158150 Gasket $0.90 $28.30 5 8 8444284 R R Powerpack $10850.14 $14,801.12 6 8 8444285 R R Powerpack $1,664.59 $13,316.72 j 7 32 8323694 R R Arm Assy. $79.52 $2,544.64 8 16 8262439 8456128 R Arm Assy. $84.82 $1,357.12 I 9 48 8146111 Pin Not Required 10 48 442919 Pin Not Required 11 43 8135970 Race Not Required I 12 48 8051006 Roller Not Required 13 48 8135971 Bushing Not Required 14 16 8052307 Button Not Required 15 32 8085260 HK Bridge Assy. $47.71 $10526.72 _J 16 64 8085254 Adjuster Not Required 17 32 8029167 HK Gasket $0.04 $1.28 18 16 8398796 Gasket $9.01 $144.16 19 8 8329498 8354118 HK Bearing, Rod $206.48 $1,651.84 20 8 8136114 HK Bearing, Rod $122.92 $983.36 21 1 8034708 R Crankshaft $13,253.13 $13,253.13 22 7 8136116 HK Bearing, Main $95.42 $667.94 23 7 8077811 HK Bearing, Main $95.42 $667.94 I 24 2 8136117 HK Bearing, main $106.03 $212.06 25 2 8077813 8455668 HK Bearing, Main $100.72 $201.44 26 1 8136115 HK Bearing, Main $116.63 $116.63 27 1 8077810 HK Bearing, Main $111.33 $111.33 28 2 8028006 HK Collar $47.71 $95.42 29 4 8211348 8271623 HK Gasket $14.55 $58.20 30 1 8069155 HK Bushing $60.67 $60.67 31 1 8081391 HK Bushing $83.06 $83.06 32 2 8069157 HK Bushing $36.27 $72.54 33 2 8166495 HK Washer $16.78 $33.56 7TW UkL w 4ZA 5111 LEARY AVENUE N.W. • SEATTLE, Y'ASHINGTON 9E 107 4888 PHONE 206 7832766 • TELEX 32 0714 r i I• I I i r I1 34 2 6069139 HK Washer $40.78 $81.56 I 35 1 8274790 R Camshaft $1,908.45 $1,908.45 111 36 1 8274791 R Camshaft $1,908.45 $1,908.45 37 64 8045117 Shell, One Tang Not Required 38 64 8071176 HK Shell, Two Tang $27.00 $1,728.00 39 2 8085182 HK Seal $1.04 $2.08 40 1 8366785 Gasket $1.90 $1.90 41 1 8080850 HK Gasket $2.14 $2.14 42 2 8074661 HK Gasket $2.01 $4.02 43 1 8085253 HK Gasket $2.47 $2.47 44 1 8084556 R Pump, Oil $10325.31 $1,325.31 45 1 8212777 R Pump, Scv. $10590.38 $1,590.38 46 2 8275292 9570610 HK Gasket $13.09 $26.18 47 2 8275294 9570609 HK Gasket $11.94 $23.88 48 2 8404507 9580758 HK Seal Kit See Items 68 and 69 Below 49 16 5229295 8478049 R Injector $79.52 $1,272.32 50 1 8069433 8369677 R Blower $1,802.43 $1,802.43 51 1 8069492 8369676 R Blower $10802.43 $10802.43 52 1 8261161 Gasket Kit $2.64 $2.64 53 1 8261173 9580710 HK Gasket Kit $19.95 $19.95 54 1 82100Il HK Gasket Kit $6.68 $6.68 55 1 8340405 Gasket Kit $3.71 $3.71 56 1 8261164 Gasket Kit $15.90 $15.90 57 1 8210014 9580741 HK Gasket Kit $7.89 $7.89 58 40 8213372 Gasket Kit $1.61 $64.40 59 16 8268641 HK Insert $34.58 S553.28 Subtotal IA $660969.87 I Additional Katerial Required Section 18 60 4 8237900 HK Bearing $9.42 $37.68 61 4 8253825 HK Bearing $15.71 $62.84 62 1 8194330 R Damper $1,350.00 $10350600 63 2 8069480 HK Plate $71.50 $143.00 64 12 113229 Screw $0.15 $1.80 h 65 16 9509180 HK Seat Ring $21.61 $345.76 66 16 8028460 R Shaft $40.00 $640.00 67 16 8048880 HK Valve $44.47 $711.52 68 1 8058624 R Water Pump $585.00 $585.00 { 69 1 8058625 R Water Pump $585.00 $585.00 Subtotal 18 $4,462.60 Total IA + IB $71,452.47 Note: All rebuilt (R) parts have been quoted at net prices. If your cores are unable to be rebuilt, additional I charges will be incurred. All material in stock subject to prior sale. All prices FOB Denton, TX rx r I 5 ' i I i i ~ I SECTION II IIA. Services of a qualified service representative to perform work at your site. Price includes all per diem expenses and necessary tooling to perform complete disassembly and reassembly of the engine. Subtotal IIA $13,500.00 IIB. Align bore block, clean and prepare block, covers and pan for reassembly. Work to be performed in Houston, TX. j Subtotal IIB $5,500.00 IIC. Travel Expenses $500.00 Subtotal IN fI` Total IIA + IIB + ITC 119 500.00 Grand Total I + II 90 u~7-4y yQ_working days to complete service. We quote the above f.o.b. delivered to Denton, Texas. Shipment can be made in 30 days from receipt of order. Terms net/30 unless otherwise indicated. In submitting the above bid, Hatch 6 Kirk agrees that acceptance of any or all bid items by the City of Denton, Texas within a reasonable period of time constitutes a contract. i See attached insurance requirements. ! ! Thank you for this opportunity to quote. If you have any questions regarding any of the above information, please call for additional information. h i Cordially, yC~j a~C. i Henry Alford Product Manager Replacement Parts for EMD Engines f M R 4 t MCHASINQ DEPARTMENT BID INVITATiON City of Denton 901.8 Texas St. CITY Of DEMON, TEXAS t Denton, Texas 76201 Date APRIL 23, 1990 BID NUMBER 1108 it , BID TITLE DIXSF.L REPAIR PART'S Hunt Engine, Inc. Chuck Knez Sealed bid proposals will be received until 2.00 p.m. 1133 First Avenue PAY 8, 1990 __.at theolhce of the Harvey, LA 70058 P wclmsinq Agent, 901'S Texas 51„ Dent(,,,, lcxas 76201 For additional Inlormalion conla~t i Tort D. Sr+Aw, C.P.M. %1na: A;;Vl9 xCENT ~ O11ice UIFW Mello 8115668311 B7)287U042 i INSTRUCTIONS TO BIDDERS 1, sealed bid DtoDOsals must be received in duplicate, on this loan, prior to opening data and time to be considered. Late propusels will be returned unopened, 2, Bids shall be plainly marked as to the bid number, name of the bid, and bni nhenm1l date on thn nutsitfn Erl completely se, and mailed or delivered to the Purchl Departmenr, City of Dnnton, 9U1 •B Texas Sr., Dentun. TX ealed envelop 76201 3. Any submitted article deviating hom the spoOlications must be Idenldied and have lull descriptive data accompanying I same, or It will not be considered. r 4. All materials are to be quoted FOB Denton, Texas, delivered to the floor of the wa,ehouse, or as utherwise Ind rated, 5. The City of Derdon, Texas reserves the right to accept separate Items In a bid unless this right Is denied by the bidder. { 6, In case of default alter bid acceptance, the City of Denton, Texas may at its uplion ,'cold the accepled bidder m cunlraclor i liable for any and all resultanl Increased costs as a penally ter such default. loin 0s, to ht to the reser wai 7. reThe main info nenfot a sixty (60) daygpe riodrafter op, ning rallubtil award is made;nwhlchovm co es reclure that subi,rillad bids 8. The quantities shuvvn maybe oppiumonate and ct,t6d vary nccoubtrg to thr rrriuir Cinenls' of thu C,I,, of Denton throughout the contract period. g. The Items are to be priced each net (Packaging or shl,)ping quantities will be considered) 10, The Purchasing Departmenl assumes responsibildy lot the curtectness and clarity of this bid, and all infumapon andior questions pertaining to this bid shall be directed to the ~Ydy of Denton Puichas,r0 A~ienl, 11, Any attempt to regotiale ord give ki lion all cn on the cc perils of this bid with the City of Oenton or its nq,iesentallve! prior to award shall be {i 12. The conddlons and terms of this bid will be considered wren eya!uating for award 13, Toe City of Denton If c , rcpt loom all sales and excise taxes fArxle 20.04 BI i J~ r ©ID1 1108 f 90-EMU CITY OF DENTCN ELECTRIC PRODUCTION DENTON, TEXAS U.S.A. Contract and Serpicef Wo-,0-EMD-09 EMD Diesel Rep owe, ant, Serial No, pi6Ge1000KNtamobile caerpowe necessary to This specin©cal})oCMGS Mofor del rM pl overhaul o 56-L-44 i6-567-C. The unit is located on the Electric Production facilities of Denton ~ Municipal Utilities, 170i-A Spencer Road, Denton, Texas 76205 (phone: ~ 817-566-8258). Ii This specification contains two sections: Repleceme0t Parts and Technical Service. Please submit firm pririn9 for the items specified in each section. SECTION I REPLACEf•1E~~T, FAfljS Please provide written luotation of pricing for the parts List attacl-,ad (Attachment i). our facility, Oenion, Texas. Pricing shall be F.O.B. shipped at buyers expense. Rebuilt exchange cores will uotationrmay~be accepted. roved All or any portion of th. 4 licable, on app Quote the described part number, u+' if aPP lic,>>.iu{, replacement of O.E.M. quality or better. Parts shall be warranted to be defect-free, suitable fur the app and meet minimum O.E.M. specifications. SCCTiON II ~E,~}ltL1C1~L_ C_R'J1CC A. Please quote pricing for the services of a qualifier rvice representative to perform work at our site rwith ate whichii'ncluOf uulll ~e+ technicians, Pricing shall include a daily ess diem expense. Price shall include necary tooling to perform cqm piete disassembly and reassembly of tle engina. B. Quote pricing to altiyn bore block, clean and prepare block, covers ,nu pan for reassembly, (City of Denton will provide Lrans};ortatiurr up Lu 600 miles rcundtUip to facilitate shop servicing of the block.) Quote travel expenses separately. The in qualified se,i""jce rovriiiinyan to tent of this item is to provide a work with our technicians in he uver''i ul V~'"L}e?d;n;lir,a, p ruvid,ni• service and training trfi; ac' t Insurance coverage r; ;yccifled an C,t,ib}t A shall f i t ti 1 j t BIUI I)08 Page 2 ATTAGFIMthT 1 PARTS LIST REF. QUANTITY PART NUMEIER_GEStiRIPTION Cat, 200 8 CA 8070779 bushing, rear brackeL Cat. 200 8 LA 3011149 bushing, front bracFet A300-5 2 CA 8187010 seal, crankcase to oil pan, 148" la g A304-1-27 32 EA 8158150 gasket, handhole cover A3066-9 4 8 EA 8444284 power pack ck asst', fork chrome,reblt e.xchg A306-9 8 EA 5444285 power pack assy, blade chrm, reblt exchg A308-1-5 32 EA 8.128694 arm assy, rocker exh. A308-1-6 16 EA 826243`14 arm assy, rocker inl. r-A3U8-1-11 48 EA 8146111 pin' cam follower 7/8 in. long A308-1-12 48 EA 442310+ pin, groove A308-1-13 48 EA 8135970 race, inner A306-1-14 4S CA 8051006 roller, cam follower I_A308-1-15 48 EA 8135971 bushing, floating A308-1-19 16 EA 8052307 button, injector A308-1-20 32 CA 6085260 bridge assy, exh valve A308-1-26 64 CA 8085254 adjuster assy, hyd A308-1-34 32 EA 8029167 gaskt, oil line to cam shaft block A399-4-85 16 EA 8335796 gaskt, power, assy Inst. A316-1 8 EA 8329498 bearing, connector rod, upper A316-1 8 EA 8136114 bearing, connector' rod, lower A318-1-ii 1 EA, 8034705 crankshaft assy trebuilt each') A318-1-20 7 EA 8135116 shell, brg, front a int. upper std A318-1-21 7 LA 3077811 shell, brg. front s int. lower std A318-1-24 2 CA 8136117 shell, brg. center upper std A318-1-25 2 EA 8077813 shell, brg. center lower std l A318-1-26 1 CA 8116115 sel, brg• rear uppor std 10,01- std A318-1-27 1 EA 8077810 Shhel ll, brg, rear A310V-i-28 2 EA 8028006 collar, thrt. std A322-5(Ct 200)4 EA 8211346 gasket, valve cover to frama A326-3 I CA e069155 floating lower idler roar, bush ng A326-3 I CA 8081391 floating upper idler wear bushing A326-3 2 EA 8069157 bushing blowr,r gear, ioatin3 A326-3 2 CA 8166495 washer thrust, cast ;r,m, floating ` A326-3 2 EA 8069139 washer thrust, bronzy , outboard A328-1-13 I EA 2274790 camshaft assy, left b,r11 (rebuilt Lxr!O A328-1-13 1 EA 8274791 caasnafL assy, riynl uZnk (re..uilt e cn) - A330-i-14 6.4 CA 6045117 shell, brg half, unc tang A330-1-15 84 FA 6071176 Shell, brg half, two tang A336-1 2 CA 1-035182 seal, strainer A336-1 1 6366785 gasket, strainer to p11,0 'I A335-1 1 EA 8080850 gasket, strainer to tuusing cover A336-1 2 CA 8014661 gjsl.et, strainer to pipe 336-1 1 3085253 gas'M1crl cover A333-1-6 I CA 8054556 pun, 1ssy,pi5ton cu,17,1,7 8(G' t'u lt~,~•clr I A340-5-3 1 CA 8212777 pura,,) ass/, Scavcnt i,l, Al lucl, 0 ebui It ~xcrJ I A J~ I I Y 1 D]UI 1108 } i Page 3 t A344-6 2 EA 1275292 gasket frame to crankcase, inside A344-6 2 EA 275294 gasket frame to crankcase, outside --A346-1-16 2 EA 1404507 seal kit, water pump A352-1-13 16 EA 5229295 fuel injector, (rebuilt exchange) A385-1-2 1 EA 1069433 blower assy, left bank (rebuilt exch) A385-1-4 1 EA b069492 blower assy, right bank (rebuilt exch) A319-1-2 1 EA 8261161 gaskt set, overspeed trip housing A399-1-10 1 EA 8261173 gaskt set, acc. dr. housing A399-1-11 1 EA ,210011 gaskt set, governor drive A399-1-14 1 EA 3340405 oaAt set, fuel oil filter A3901- 1 EA gaskt set, lube oil suction strainer A399-1-17 1 EA 8210014 gaskt set, lube oil suction str element 40 EA 6213372 gasket, tube oil filters 16 EA 8268641 lower liner kits 1 I, I~ f k w ,i ;t ~ 1 ~ t E 1 May 3, 1990 1 City of Denton 901-B Texas St. Denton, Texas 76201 Attention: Tom D. Shaw i Re: Remanufacture of EMU Engine Quote #0503-1 Dear Tom: I I ~ Thank you very much for the opportunity to bid the remanufecture of your 1000 kw Mobile car, power plant. j ~ t All parts quoted are genuine EMD, and all remanufactured com- ponents contain genuine EMD replacement parts. Section I Qty_ Part Number pesc Cost (Extended) 8 8070779 Bush. 736.24 8 8071149 Bush. 206.64- 2 8187010 Sea] 13.48 32 8158150 gas 23.04 8 8444284 Exch Pwr Assy-Fork (Chrome) 14,000.00 " 8 8444285 Exch Pwr Assy-Blade (Chrome) 14,000.0u• 32 8328694 Exch Rocker Arm (Exh) 2,065.00- 16 8262439 Exch Rocker Arm (Inj) 1,200.00- 48 8146111 pin Not required 48 442919 pin part of assemblies 48 8135970 race above 48 8051006 Roller 48 8135971 Bush. 16 8052307 Button 52.00 1; 32 8085260 Bridge (Exch) 1,600.00- 64 8085254 Adj. 481.28' 32 8029167 gas 1.60- 16 8398796 included with power assemblies 8 8329498 R/B 8354118 Bearing 1,762.48 d I i t i k ) city of Denton Page 2 May 3, 1990 4th Yart. Number Desc. Cost Extended} 8 8136114 Bearing 1,160.88 f 1 8034708 Crankshaft (Exch) 11,500.00 (If 1/2 of cranchshaft will not requalify $3,500.00 additional would be supplemental invoiced.) t 7 8136116 R/B 8455862 Bearing 769.23 7 8077811 R/B 8455666 Bearing 744.52- 2 8136117 R/B 6455856 Bearing 231.78- ' 2 8077813 R/B 8455668 Dearing 217.98 1 8136115 R/B 8455844 Bearing 133.85- 1 8077810 R/B 8455665 Bearing 123,29- 2 8028006 Collar 103.82- 4 8211348 R/B 8271623 gask. 67.96- 1 8069155 Bush. 63.02 - 1 6081391 Bush. 92.97- 2 8069157 Bush. 76.18- 2 8166495 Thrust. Washer 39.04- 2 B069139 Thrust Washer 85.54• 1 8274790 Camshaft 1,700.00- 1 8274791 Camshaft 1,700.00- 64 8045117 Shell Not required 64 8071176 Shull 174.72-1 2 8085182 seal 2.42- I 8366785 R/B 9570678 gask. 2.22 - 1 8080850 gask 1.71 2 8074661 gask .38- 1 6085253 gask 1.98- 1 8084556 pump (Exch) 1,200.00- 1 8212777 pump (Exch) 1,400.00- ( 2 8275292 R/B 9570610 gasket 30.56- ~ 2 8275294 R/B 9570609 27.66- 2 8404507 Seal kit/ Water pump (it is advisable to use shop remanufactured water pumps due to required equipment and tools to meet EMD Spec. If components can't oe requalified at your location such as Hsg., shaft, impeller which is usually the case, additional cost of parts and premium shipment cost would also be incurred.) 1 8058624 Pump (Exch) 700.00 1 8085625 Pump (Exch) 700.00 16 5229295 Inj (Exch) 11600.00- 1 8069433 R/B 8369677 Blower (Exch) 2,500.00- 1 8069492 R/B 8369676 Blower (Exch) 21500.00- 1 8261171 R/B 9580706 gask. set 25.94- 1 8261173 R/B 9580710 gask. set 33.24- 1 B210011 R/B 9580695 gask. set 5.5081 1 8340405 gask. set J I f' } E City of Denton Faye 3 May 3, 1990 1 8210015 R/B 9580707 gask. set 16.60- 1 8210014 R/B 9580741 gask. set 8.05- 40 8213372 Gasket 25.8D.- 16 8268641 Lwr. Liner Insert 580.80- Total Pts. 68,553.06 Shipping 2.400.00 70,953.06 so0 c.'rwu LIZ 0 Option- We could furnish cast iron liner powe h s r ther than chrome. For your application these would provide the same serv- ice at a cost of $1,450.00 ea. and a savings of $4,800.00 to the City of Denton. Section II A. Service representative to perform disassembly, assist in removal and reassembly of engine, including all tools required, and expenses. i $12,000.00 total (estimated) City of Denton to provide crane for removal of Crankcase/Engine. B. Line Bore- Cost will vary as to the extent of damage to the I crankcase. At times the crankcase will require stresi relieving also. Range quoted is least cost to maximum. $8,000.00 to $14,000.00 This includes additional manpower and expenses. Work to be done on your site. Option- We would provide a 16 cyl. 567C requalified case and pan for $10,500.00 delivered to your location rather than line boring existing crankcase. Labor quoted is an estimate and as a benefit to the City of Den- { ton, we would rather charge by actual hours at $36.00 per hour plus expenses and overtime. With your people assisting we feel that there is a good possibility that we would complete the over- haul under the estimated labor cost. To quote you a firm labor cost it would be unfair to you as we must quote worst cases. Warranty would be one(1) year and would cover parts and labor ex- clusive of travel time, expenses, and transportation. 1lunt Engine, Incorporated is an Authorized EMD, Parts, Sales and Service Center. We service only EMD equipment and have special- ized in EMD generation equipment. +1 +1 I 1 c E f V h City of Denton Page 4 May 3, 1990 { Thank you again, very much, for the opportunity to bid and I hope we can be of service in the future. Sincerely, Hunt Engine, Inc. y Bill/, ? Chuc1~~ Kne Domesbic'sales,.Manager f CK:dd I, I r 4 I Pi 1 I ~ R 'i t ~J a I, r HAY 03 "DO 12:19 SlIS" I10 HOED TX Fo1 STEWART & STEVENSON SERVICES, INC. 1 ' 8631 EAST FREEWAY HOUSTON, TEXAS, U.S.A. TE{iPHONE! (713) 6716100 TELEK 221883 T LEFAX (713) 671.6197 01-b Mo ' SIMILE MESSAGE ~QO TOTAL: SHEETS PLUS COVER I DATE:; FROM: J ' FAX TO: FAX NO. q4vqZ EXTENSION: OUR REP NO.: ~ 11 ATTENTION:- I ~ II r RE: 1~ J 1 I I TIME - SENT BY FOAM ESAW r C ~ i t9HY 08 1 90 12:20 SHS 110 HGU TX P02 As STEWART & STEVENSON SERVICES, INC. HOUSTON BRANCH l S► 1631 EAST FnrFwAr HOUSTON, TEXAS Me.v g►LES 6 ADMiNlSTRATKKIIt1:111871 n.+20 PARTSp131 8 71-6200 SERV4E(7t31A7i 0100 TOLL FREE 1EXA.S (ni101 397 7501 RCA TELEX 121813 FAX (11:11971 6197 0 I l Mr. TLIm D. Shaw C.P.M. May B. 1990 I[ Purrhasioq Depirtment City of Dorton 901-b TFlia~ Str1'et Denton? TtTXas 168011 RE: FiID NUMBER IIOH E41D T11LE DIESEL REPAIR FARTS De. ar Mr. Shaw, The fallc,wirq is a quote from Stewart L Stevenson Sorvlce9, Irtic. fur the .Above Itlentionod bid invitation. the quntnt3or is valid for 90 days and covors only the items and replarement of trio items yrL, have listed. Leber y1 toted is for one Stewart L Stevenson technician arld d minimum c1f thy so I:91 gllalI tied City of Do ttta77 Techniciarig . if upo'I disarrwmbly and inspecticoo, cork additional to what in quoted is required then all worlr will atop until thv City of De•ntcm mahpa aufficiont arrangements for i repaire. I if City of Denton Technicians are de~tevmined to kin nnqual if led try the e,Aterlt that the length of jnh c.r quality of T`egair% finny be affected. The City of i De^ntan w311 be ragl-Tired to suPP1Y replacement technicians. All rQPIALeflent parts will be genuine EMli roplacomont partb. All -whktilt exchenye items will i. subjuct te. Additional b'illinq. If wt1T?17 iT1spE3cted at our j facility, they are foLnld not tr' meet requalificatic,n Lpvcs. StsNart a Stevenson Sprvlces Bid, .......i115,740.11 If 1 may be of rurthor Asst stance. please dc1 not hesitate to cGnt:ir"t me. 'thank You. 1 ~ 9T1"LWACjI L STEVE ~'.'sC,i~N5C•RViCE5. INC. H{Qtt 1C1161'S . EMO Service Supervisr.r E+N s r4 k+n _ _ . I WINEEPE0 PCWEP FOR Tr.E'AAnv1e, AVMTIr.*4 POWER 0ENERAT1CMr DEFENnt ANn Pr TROLEUM 11,0u S7PIEi r G DATE: MAY 15, 1990 i r CITY COUNCIL REPORT l 1 TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID# 1109 - HEATER REPAIR RECOMMENDATION: We recommend this bid be awarded to the lowest 4 bidder meeting specifications, YUBA Heat Transfer, in the amount of $57,892.00, with completion in 4-5 weeks, FOB Denton. SIJIMRY: This bid is for the retubing of the feed water heaters on Electric Generating Unit #5. The bid includes transportat'on, retubing, reassembly, and testing of the feed water heater. The lower price offered by Southwestern Engineering does not meet specifications. It calls for "70/30 copper nickel tubes. The #304 stainless steel would create a reduction in I performance of the heater by approximately 7%. This reduction in performance is not acceptable. BACKGROUND: Tabulation Sheet PROGRAMS, DEPARTMENT OR GROUPS AFFECTED: Electric Production Department FISCAL IMPACT: Funds for this repair work will come from 1989/90 budget funds set aside for maintenance of generating 1 equipment. Respect ly/submi d: ~i Lloyd Harrell City Manager Prepared byi Name: Tom 0, Shaw, C.P.M. Title: Purchasing Agent TDS/cj 029.DOC I Y. f I , 1 - - - - - i l 1 y ~ hx] ~ ~ 1 lam" H b H 0 H t°o M b b ~ t~J LD ~ i O M f M 0 z - - - - - - - - - - - - - - - - 4A w ~ I ~ Ili V N ~ ~ ~ i 0 0 o ! - ----------y--- rn za° o~ ~ O H w ~ C ~ I z ` O y w C 0 w N Pj O O - - - - - - - - - - O- M O N Y t I I i hr ly t{` 1 { I t REPFiH54 10: Ernie TullOS oirector, Electric Utiiities s FROM: Jim Thune superintendent, Electric Production } r DATE: May 9, 19'd0 SUBJECT: unit 5-4 feedwater heater repair. Quotes to repair urlt 5-4 feedwater heater are attached under Sid Numt~.' 1109. Quotations are as foiiaws: Yuba 557,892.00 Southwestern 6£,746.00 Alternate $47,306.00 4-1X r performance loss I , Hamon Power 73,255.00 Yuba quoted low acceptable bid for repair with 70-30 Cu-N" tubes. The alternate proposal from Southwestern at $47,306.00 15 for repair with 304 and I with advisable. in a 4-7% reduction staipenless i Based on low acceptable bid, 1 recommend we contract with Yuba for the repair. IV - JT:flc Attachments ~j.' t'v ~ ti I I _ o z v c k l ,.q e •i ~ c c o < i x O i t w z I N I ~ M M I r M i i I A s P { i t p i i) f 1 s t Yuba Proposal Heat ,.:•.d o1. 74'i,'• ` Tnmfer 5'9 234 f0 Data i f1 1 Yuba Gaye MAY 4, 1990 l e RETUBE OF FEEDWATER HEATER CITY OF DENTON, TEXAS k f oar as=.rs in,~rt 1109 Se e's Es^ra'.e r+~ QH-0803-90 I 1 Pesg~ Comp. es Yh Ei - I. } I f ' 4'•'4'PS Ilc ua"7 - E, ,•.',T^.;1 LONGHORN EQUIPMENT SALES, INC. Acr,.,, 13717 FAR HILL LANE DALLAS, TEXAS 75240 k 7eevr•? (214) 239-6142 DUPLICATE THOMAS E. MARSHALL LONGHORN - DALLAS 7kLEGnrr 051B 774 9145 1f L L K N 49 7404 N'Et/9L9 to H[AT f rl:HA!4CE INSTITUTE I HEAT TAA45TE9 RI SEARCH INC 0 TUBULAR ERCHANGEB MANUEACIUMS ASS061ATi0N I c I r t Iv I i j YAR P D BC K 3158 'Heal Tulsa. OK 76101.9158-~ innsln 416 234 V00 ~ 4 Y i Yuba May 4, 1990 . City of Denton 901-B Texas Street Denton, Texas 76201 Attention: Mr. Tom D. Shaw C.P.M. Purchasing Agent Subject: Your Bid No. 1109 F Retube of HP 5-4 j Municipal Electric Generating Station Unit 5 Yuba QH-0803.90 Gentlemen: We are pleased to submit our quotation for the retubing of the existing heaters. Our bid will consists of the following: 1. Transportation of the item to our Tulsa plant. 2. Disassembly of existing heater. 3. Removal of existing tubes. 4. Insertion of new tubes. parts. 5. Reassembly of heater using existing pa 6. Testing of assembled heater. 7. Transportation from Tulsa to Denton. Loading and unloading at the Denton Municipal Station will be the responsibility of the owner. No new heater components are included. If components are deemed non-reusable Yuba will contact the owner and discuss our findings and ask the owner to send a representative to look at the defective material. Replacement if deemed necessary by the owner will be to the owner's account. No rework of the channel components has been included. Yuba would ask that the owner supply necessary gasket sizes for the shell flange and channel gaskets. These items would have been normally supplied in the Operation and Instruction Manuals supplied with the original equipment. 1345 IELECOPY 0918 234 N 49 210418-234 .9 1910 TKEX L V. I J ii 1 w 1 Yuba DO Bo. 3159 Heel Tu'sa. 09 7410T 3158 Tnmiler 918 234 6000 J Yuba Should these gasket drawings not be available it will be necessary to take necessary dimensions from the disassembled heater after its arrival at our Tulsa plant. Current lead times of the flexitallic gaskets is approximately 8 weeks. A U-Tube schedule if available would expedite our purchase of the tubes. Otherwise a bend schedule could not be proposed until arrival of the ` heater at our Tulsa plant and disassembly of the unit. Lead times for tubing is approximately 8.10 weeks after an order. Upon assembly the unit would be hydrotested. No nitrogen has been included for protection of the heater during transit. Tubes wil' ee rolled only to the tubesheet. No therrai performance guarantee is applicable as we are retubing tube for tu:'e. i Workmanship is warrantied for a period of o;r year after the equipment has been reinstalled. Our firm price for the retube of High Prese:re hater 5-4 will be $57,892. Our estimated completion date would be 4-5 weeks after receipt of tubing at our plant ready for insertion in to the bundle sk,leton. No Texas state sales taxes are included. Services of a field engineer, if desired, may be obtained frola our Tulsa it office per the attached Field Engincor Rates Policy. No. such services have been included in our prising. In no event shall either party be liable to the other for consequential, special, or incidental damages arising in any way out of the performance of this contract. ` In no event shall Yuba's liability exceed the value of the contract price for the equipment. I Prices quoted are firm f.o.b, fobsito and valid to May 21, 1990. Unless otherwise mutually agreed, terms of payment shall be net 30 days. r TEIECOFY 091d 2343.105.918 2341016 TELEX #492454 y i i I t i i { {i i f Yuba PO Oct 3151 Neel Tulsa OK 74101 3156 0 { Trentter 918 234 Koo i r 1 Yuba We appreciate this opportunity to be of service. Should questions arise during your evaluation please feel free to call upon us or our local representative in your area. You will find them listed on the ccver i sheet to this proposal. We look forward to working with you on this project. Very truly yours, YUBA HEAT TRANSFER DIYISI N Thomas E. Mar all Regional Sal s Manager Central TEM/TLM/cp TELECOPY #918 234 3Y5.918-234-1010 TELEX #492454 7 S i 1 Yuba Po Bo. 311 , Meat Tvsa OX 74,01 3151 1 Tramdar "'B 234 VD0 i Yuba Revised 1-16-90 1 YUBA HEAT TRANSFER DIVISION CONNELL LIMITED PARTNERSHIP POLICY "FIELD ENGINEER RATES" I 1. Field Engineer charges are a fixed fee based on a normal 8 4 hour working day. 2. Overtime Charges; a. All daily time over B hours during the normal work week (Monday thru Friday) shall be considered overtime. b. All time on Saturday shall be considered overtime. c. All time on Sundays and holidays shall be considered double time. 3 LONG TERM - RATE SCHEDULE i ` YEAR: 1990 1991 1992 fixed Fees/ 8 hour day $800.00 $840.00 $885.00 Overtime pper 2.a. 6 2.b./hour $130.00 $137.00 $145.00 Double time per 2.c./hour $165.00 $175.00 $185.00 NOTES, A. Travel time will be billed as straight time. B. Travel and living expenses will be invoiced at cost, plus 5% handling charge. C. Time sheets will be provided daily for approval by the customer's representative. TELEMPY M9+8 234 3345- 918 234 1010 TELEX 049 2464 w. s + f S + t t i i F { SOUTHWESTERN ENGINEERING SERVICE CO i' 'I 1 City of Denton 901-B Texas Street Denton, TX 76201 Attention: Mr. Tom D. Shaw Purchasing Agent Subject: Municipal Electric Gen. Station, Retube Unit t5-4 FWH Reference: a.) Your RFB #'1109 b.) SESCO Quotation IQ6509RO40P I t I i i v r SOUTHWESTERN ENGINEERING SERVICE CO r 154 Hanson Access Rood i King of Prussio, PA 19406-9404 t May 7, 1990 c City of Denton 901-B Texas Street } Denton, TX 76201 Attention: Mr. Tom D. Shaw Purchasing Agent Subject: Retube Unit 5-4 Feedwater Beater Municipal Electric Generating Station Reference: a.) Your Request for Bid 911109 b.) Southwestern Engineering Service Company Quotation OQ6509RO40P Dear Mr. Shaw, I Southwestern Engineering Service Company, SESCO, is pleased that j you have considered us for this service offering. We are the R service arm of Southwestern Engineering Co., a manufacturer and worldwide supplier of surface condensers, feedwater heaters, moisture separator repeaters and any shell and tube type heat exchanger. In addition to our manufacturing and engineering capabilities, we employ a full time, trained staff of service ~i technicians specializing in projects such as yours. We are familiar wits the requirements and procedures to retube your heater and will work in accordance with the following gener- al scope of work. SCOPE QE KM - Pick up bundle and transport to our facility - Unload bundle and set up on retube table - Remove channel covers Tdeyl,en*i 1215) 962-0777 Oubldo PA, (6001 $19-0480 l.telon, (2151962-0231 ml"'M j fHMAJ EWPNI 1iNO i~ ~I E SOUTHWESTERN ENGINEERING SERVICE CO City of Denton Municipal Elec. Gen. Station Your 11109 p SESCO IQ6505RO40P May 7, 1990 Page - 2 - - Remove plugs from tubes which are plugged - Internally cut tube ends - Remove tube stubs - Cut window in drains cooler - Remove tubes - Clean support plates - Clean and ream tubesheet holes - weld prep drains cooler - Install tubes - Reweld window in drains cooler - Moll tube ends l - Perform tubeside hydrotest ~J - Build shipping cradle - Load bundle on truck - Transport to the City of Denton Municipal Generating Station The following items are included in this proposal and will be provided by SESCO, * labor and supervision * 341 replacement "U" tubes * straighten horizontal stiffening bar * specialized tube removal and installation equipment * cost of pick up and delivery of the tube bundle * replacement flexitallic skirt/shell gasket 3 i t i . SOUTHWESTERN ENGINEERING SERVICE CO City of Denton Municipal Elec. Gen. Station Your #1109 SESCO IQ6509RO40P May 7, 1990 Page - 3 - The following items are no included in this proposal and are to be provided by the City of Denton, * loading of old bundle onto our truck and unloading of re- tubed bundle from our truck * removal and reinstallation of tube bundle from the shell * any replacement bolting, if necessary This proposal is based on the assumption that the tubesheets, support plates, spacers and all internal parts will be reused on this retube. In the unlikely event that any of these items need replacement, costs associated with this out of scope work will be negotiated between the City of Denton and SESCO before said work commences or performed on a Time and Material basis. CLARIFICATIONS 1.) SESCO has retubed many heaters that were built with 70/30 CuNi tubes and in some cases we have found extreme exfolia- tion on the outside diameter of the tubes. This exfoliation has caused the tubes to expand into the support plate holes, making it next to impossible to remove the tubes by conven- tional methods. If after receiving the bundle we deter- mine that this is the case, the tube removal element in this proposal will have to be renegotiated between SESCO and the City of Denton. 2.) This proposal is being offered with 70/30 CuNi replacement tubing. As per your request, we have also included alter- nate pricing for 304SS tubes, in which case there would be a 4% to 7% reduction in performance. P,81S3L~ Southwestern Engineering Service Co. offers this proposal in j accordance with the above scope of work, using 70/30 CuNi tubes for the lump sum price of..... l Sixty Six Thousand Seven Hundred Forty Six Dollars S6 746.00 r f i i i ii f HWrSTERN ENGINEERING a SO UT SERVICE CO i City of Denton Municipal Elec. Gen. Station Your ,11109 9RO40P SESC014990 May , Page - 4 i A TE NA F, ~BiC ro osal in Service Co. of usingt304SS tubing for Southwestern Engineering accordance with t of above scope of work, the lump sum price Forty Seven Thousand Three Hundred six Dollars 0 $_47__3 1-0 9ONDs - IIONS Co. is pleased to offer this Engineering service s with payments due upon southwestern eriod of sixty days quote firm for a if invoice. A copy of additional cottditions are attached receipt o quotation. and made part of this ~Y offers a limited warranty Southwestern Engineering Service Co. and materials for a against defects in workmanship letion• art of this from the ur warranty is of attached and m twelve monthof o description proposal. ortunity to offer our heat transfer eYou and look you fhaveranyoquwox estions on this We ices apprtoecitheate City this of 0 Denton ects. if f y Y service representative on this and future prof -533-8971. proposal , please cont act Brad Hilton, our or myself, 800 in your area, 214-330-0461, Very truly yours, SOUTHWESTERN ENGINEERING SERVICE COMPANY Geralp - Insid° Salt' i i ' k d SOUTHWESTERN ENGINEERING j SERVICE CO City of Denton Municipal Elec. Gen. Station Your ,11109 SESCO IQ6509RO40P May 7, 1990 Page - 5 - i GVK/kak cc: Brad Hilton/James Industries Rich Manne/SESCO, Florence, KY Quote File I i I { I i l I' i f GENERAL TERMS AND CONDITIONS 111 1, PROPOSAL-This proposal is for acceptance wit) In 60 days from date of quote. Prices as quoted are for service, labor and pacts as specified 11 the proposal and do not Include any extras not Identified in Uls proposal. If acceptance of this proposal is delayed or modlrled, prices are sub- kct to adjustment. t 2. SCOPE OF W0 RK.1. abor costs will be In ILze w1Ui quoted rates per U>ls proposal. Purchaser agrees to provide Southwestern Engineering Service Co.(SESC O)(heraafter rereried to as SESC 0) i Personnel with required field ;?Ultles (water, eleclriclty, compressed air, etc.) normally trsrd for such services unless restricted speciFlcally in the quote. SESCO agrees to keep the Jib site clean or debris arising from its own operatJon, Purchaser will not backcharge SESC0 for r,lean. up costs without SESCO's written corsent, 3. INVOICING AND PAYHENTSSESC0 may invoice Purchaser monthly for all materials delivered to the Jab site or to an off-site storage racJllty and for all labor performed on-site or off-dAc. Any engineering, drafting, or oUner mobillzadon rosts prior to the srrvire worl stall he Jr,rkr6vl In SFSCO's initial Invoice. Purchaser agrees to pay SESCO the amount Invoiced wittdrr 3r1 of invoire date. Waivers or lien will be rurrdshed upon request, as the work progress,", hi the - extent pay meals are received. I n, HA TERIALS-1f the materials or equipment Included In this proposal become temlrora[ity (,r prr- 11 manerrly unavailable for reasons beyond the control or SESCO and wlLhout the fault or Sf.SCD, then, in the case or such unavailability, the time for performance or the work shall be extwxled to the extent thereof. In the case or permanent unavailability, SESC O shall, a.) be excused from furnishing said materials or equipment, and b) be relmbursed for the difference brlwecn cost ar materials or equlirment permanently unavailable and the cost of an available TEasonatrle substitute thereof. 5. WARRAIITY-SESCO warrants that the materials and eq'llpment furnished by it sliall be free or defects in material and workmansldp arising from normal usage for a period of mine (1) year from delivery of said equipment or If Installed by SESCO, for e period or one (t) year from ! the date oflnstallatJon. SESC 0 additionally warrants all scrvlre labor performed to be free rem defects in workmanship for a period of one (1) year. SESCO expressly limits Its warranty on Purchaser's equipment to cr_w_r only Oat portion of equipment wt lch had Specific service work done by SESCO. These warranties do not extend to any equipment or service which has I been repaired by others, abused, altered, or misused, or which has not been properly or ccca- slonally maintained, THESE WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EX- PRE-,S OR IHPLIED, INCLUDING, OUT NOT LIMITED TO, THOSE OF HERCHANTADILIIY AND FITNESS FOR A SPECIFIC PURPOSE. SESCO shall not be liable for any specla% indirect of consequential damages arising In any manner out of the performance or Uds agreement. 6. TAXESThe pace of VLi prcpoosal does riot Jrcaude duties, sales, Lse, excise, or othn,r simiirr taxes Unless identirled as such. Purchaser will pay, in addition to the stated price, all tars not legally regrdred to be paid by SFSCC or alternatively, shall provirfe SfSCO with arr.nn- table tax e,empLion cer _iir.ates. SESCO J,aIL provide Purchaser with any tax paymenl rerli- ficate upon regerest and after completion and acceptance of work. 7. EXTRAS-Any work wl&h becomes necessary to complete the contract, but wNch was not sli- pulated as part or the original agreement, will not be performed until the Purchasrr has egrcod in writing to avttrorize the extra work. Any delay in obtaining the written authorizaLion ri,ah not care OESCO to be liable for noncompliance wilh Lie terms of the original contract. An, rests Incurred due to the ri,iay shall be billable to the Purchaser. A. OEr. AYC-iESCO shall not bn liable for any delays In the Performance of work iesjlt.ir ig f7oui er atiributabie to acts or circumstances beyond SESCO's control, LIdud'eng but not limited to: fire, floods, labor di-sputa<, acts or God, actr or Government, war, civil disorder or the in- ability to obtain materials. 7. INSURANCE-SESCO carries Worker's Compensation and C'omprehrnsPve Ceneral L)ahihty alce and sh;,11 run'islr evidcoce Uhrreof upon wrll.ten request or l Purchaser. lnsurancr rf crag^ in urcces or SE 5r 7': sinndord Umit•, will he furwshod when rrr,~,P,.trd and rri-dre,!. r;. cnsl of addilionsl coverage will bo paid solely by Une Purchaser unilesr oUierwiso slalyd io tlw proposal. 10. COMPLIANCE WiThl LAWS~SESCO shall comply with ail applicabL frcferal, state and locol 13ws arid regulations. SESCO will obtaln any permits or licenses requfred for the prosecution o! the work. Licenses and permits of a permanent nature shall be procvred and paid for by Vic l'urehos:r. 11. OCCUPATIONAL SAFELY AND HL-ni,111-sic parties hereto agtcc to nobly cads other ir'r- medlalely upon bacomlrg aware or an LnspecUon under, or any alleged vIoLlUen Or, Lho OccuPa• clonal Safety and Healtl+ Art relating Li ar,y way to U',c project or pinjlct Site. 12, ATTORNEYS' FEESPurcharcr agtecs to pay and reimhuree SESCO for any and all rrar~,,r:l_• attotaeys' fees wh1rh arc incurred by SESCO in the collectior, of amounts due and rayabl^ I crcunU^r. 13. ENTIRE ACRECHCNI-Th; proposal, upon icce,AInce, snail consUL0P tine enItl agrceMt between t41c parties ; mid Supcrced~- any prior rcp,esenlations or r-,&rstrrndings, 14. CI1ANGI:'sNe chan0n C. rnnlric,r'.'no or on1 or the trams or con(lilis sI)INh hrl:'7i "I'lII 1; hinding wpnn SESCO urJc,s accepted by SESCO in wrihinq, d t r t PURCHASING DEPARTMENT BID INVITATION City of Denton t' 901-B Texas St, CITY OF DENTON. 1E)i Denton, Texas 76201 Date APRIL 23, 1990 t BID NUMBER 1109 k BID TITLE 11LXIER REPAIR Hamon Power Services, Inc• Daniel D. Bina sealed bid proposals will be received until 2.00 p.m. i 860 oak Creek Drive MAY 81990 at me mhce of the Lombard, IL 60148 Purr.hasing Agent, 901-0 Texas Si.. Dvolvii, Tcxas 76201 For additional information contact Torn D. SHAW. C.P.M. r UnCHA SING 4UN i OHicP DFW M^Iro 811566-6911 81?-267-0042 INSTRUCTIONS TO BIDDERS it. Sealed bId Droposab must be received in duplicate, on this form, prior to opening dale and time to be considered, Late proposals will be returned unopened. me on the l P. rchasnigl0nliratrtn ernt~ICdy'oi Ue.~ten, got B TexasSt , Darititon. TX 2, geared enveioD4 arid marked mailed hi(i I 76201 y, Any submitted Article deviating from the specilicatlons must be identified and have lull descriptive data accompanying same, or It will not be considered. 4, All materiels vo to be quoted FOB Denton, Texas, delivered to 11ie 11oor of the warehouse, of as olherwlse 4ndiceleJ. 5, The City of Denton, Texas reserves the right to accept separate Verna in a bid unless this right Is denied by the bidder. efault 8 in case of dy and all alter rich c eptansed ncost$ e City as fa D Lgaillon, fur su may 81 its option hold the acceptat bidder fir conlractor deIrl liable for an 7. The City of Denton reserves the fighttod rafter opening nand q all bidsawar, to made;nlormallverscand fequil that suhmilled bids Of up"' female In force for a sixty 160) day period 8, The quantities shown maybe n, p,oxin,nl, a mi ro.ihl vary r,cc` l„iq to III,, wo, nrnmenis of the 11ty nl Denton throughout the contract period. ' g, The Items are to be priced each net. IPacwaging or shipping quantities witf oe consiJeWd ) ,jj tir 10. questions asirlalnDingalonlhle bidssha lsbe duecledllo the Ctity ul Denton Purohas'ng Agontris bid, and all Inrwv~.dlon andior s1. Any attempt to negotiate or give Information on the contenls o1 this bid with Iho City of Denton or its representatives prior to award shall be Bounds lot dlsquahricallons. 12. The conditions and tefms of this bid w111 be conslde'ed when evalualing tug award. 10. Tha City of Denton Is exempt Irom all sales and excise taxes (A,iicia 2004 B) i F ' { s i BIBI 1109 1 b r 9UFWH-10 CITY OF DENTON ELECTRIC PRODUCTION DENTON, TEXAS U.S.A. Contract Specification 90401-1U Re-tuba Unit 5-4 Feedwater heater is ttermedulegaleandtbinding is for meal Arlcontract This specification , Denton Unit 5-4 fa City er hater. upon issuance of a Ci of Denton purchase order number. -SPECIFICATION AND SCOPE OF WOR)( - Mfr Southwestern Engineering Heater Data: Model- 4904 M-16A Serial No. SN-27272 Tubes- Type: Vertical U-tube I.D. 3/4,. Length 192" Material- 70-30-cu-N1D.S.R. T Weight- 12,000 lbs. See attatched data shLet i SECTION I items: Contractor shall quote firm pricing for the following Transportation of shell 0sseblyTround 7 trip from our facility at 1701-A Spencer Road, (Note: ial otedr,dinclude performanceadatanwith Re-tubing, including materu material is additionally 4 for the return bid.) tion - Flexitallic gasket at shell/skirt connec appropriate lacement of longitudinal siffener bar ben application. - Straightening of or rep St during remaval prov~s_. Contractor shall 'with return bid, a delivery schedule based on receiving order apP r,, tit ru riate)y prepare the assembly for return ship.,, unloading or Contractor shall app p such that damage does not occur as a result of 1oa rr91 transport. The heater assembly is available for inspection. To arrange an appointment contact: Mike 6tac.halski, Maintcnunco Foreman City of Denton Electric Productiun 1701-A Spencer Road Denton, lexas 76205 (817) 5G6-8258 1109 ' flVANY t soUTI-IV ESTERtd ENG1ngEft4NG CO LO: ANGELtS. CALI 61111. bANDINI ROULLYARD FIRN,A tDOfi FEED yV'ATEF HEATER SP_CVFICATiON5 s4+EcT -.2833=? x.) 7 \1. ion N~_ F 81 /LGK & ~rFATGIl 30, 1970 EIITOIL SD S-' i"vul?v No,_ 4904 1,1-16A _ ng June 30, - 1970 DATE _cusroMC?.GITY OFD _3 - Electric Generating Slatiou_-_Y1nit 5- . ADDRCSS - ,7EM NO -~'Z-14Z Ra. n.' ~lctpal PUNT LOCl:TLJN :Wb r 14L R~q;~ v:g L C V.NIT. ~S~P' fjeater 5-4i~e=tical Ue SV R_l~~EISN`~ U RFIRCEfUNYf C; F. OF' if•- 2 1421-TYPE. 36" 1. D x142 x Charncl_Ena UP 7 OF UN4T5 1 SIELIS /UNIT 1 Tupt s10C F'ERFORMANCE OF ONE UN4T NO. - -sMtLL NIA- Fccb wATEn ~Jl~. bRAINC - LTCAM 577, 594 47731 355A~5 FLUID ID Tr dl%R. 439 33 _--I 107 AL FLUID [N'A'TCRiNI_~ •j7CA 3rj _ -3 to INL9 CwHALPY 36`40. 99-- - sTWC 6 457 _b---- 11 OUTLCr ckT_NALr_1_^._ -F ..7.3z 1.451 It ~NLCT itKrcnA:unc F ..6.390.3 "I t 13 rslA ~T [n- 1~- 1A OrtRATINarRtacuRE 3 zones 6 55 10 mracsRLRIN CLL ta NV"ER OF FT./LEG _ -`Z. !j -I '.IS VILOCI" 9- ICI 1 NVM~ PRESSURE D RCr --'TI - UnEAC1 RAFFLE 7NK. 1RANUER RATE, L 17 sl'ACINC IN VTO ~IBtri 4 ANGED F NTU 1N.lAR ITf`I [rlr ,:0 R %1AY E7CM :~p`u1T'i DTUIar. 283_._---5J6,r ^ 1- 472, 009 -129.9~~ 836 1529 ;qgn_`27 -j It IA• OCLVr[RN[ATINOLEGTION i 38, 267, 000 330 J-~- ao e+co"D--[N6;mrtalo_m_r-3=487 400~~129•.~'- l ICI DMAIN COOLINOO, LION ----i---"- ,E b 7 ACH SS'1ELL ---~-I CONSTFUCTION 2000-1 3000 5~---- --1 zlsa IN; - 1013 NL 550 537~SD2 1; - aa DESIGN rRtSWRL prca IN. it & LU 6 ~spe 8840 5d _-l c uT as TEST~'""I"RE + BOX cur 411 1"5009 aA DtiI ALRATUAL IN -600_ rlini 15116 1 ,s COINE-Tlo=S' F1IL._-----•„`--- W _ r_.. -LEN aT N.19Z- S.M. A-1 1B6Tr is PAT, NO a rAa"e,._; '314=; 16 toC-viRROC lit Pass Full ~ngtll_ _ Tu~~,.no-341 U OO' OR CLG L%ROU OTTR_-L ~P 1 27 "---~~1 - Cu4tsrsc 4994.2`'1 - - rJ DvA LIC CL"DL~OO~XXXX i ,as DCSVr LIP rTN 02' L F Z Hp a7 b4ciarnuctlcN__°MLSE`TIONnIt DSvisFQaoi&Atcn 25,000 _ 'as - N/TT IIVO MATtIiIAL I 30 WcIOVTL: t 18j- RA010:RAr"CO MRTS U~r,tc IARI _ _ f1 'IA toll R=LIB=~IOf~ARLD 1110" CORR. AL OMRt-?'F exitr__-- MATCaiAL .~~y~'ii 395 Sha11-S1aTt V. as FARE' 21 I)• S• R • TmTp--^ .L Tusis SRBendal74-300}-_--- II 118x1 j / , 266_11 151 - I - - '1116- l 575= TNARKS rl;liectiv~Surface~sbasat3~9~'. 0 2~4 rlxroTL. 70 15116- - 31 %HtLL jj Ski;t A 5j1i~_ ~116Y- _ u o t gollect SHELL COY" -515_30.-1.1 "T T roT U d cnl " T-,rE--" sNCLLSUrronri__Skitl T_yPC!o,_---- _ Or 76 1 51811 ?WOE sup 3 s7 SJyfA319, reec 1ac1:., A 266-1I_~,.•-3125? 1(1~ I'_i'rr or rNn To__ctusforcT laa ed (LI _-~cal welde. " CPO" ■AFFI, 3 steel as CHANNEL _ 17..5/811_l.~ , c olet nozxle_ct~.xQ33?e-.molY AD c4AICCVfM 266'u- 1141, ob•LNO 3U-1G D LLticr 11Nr-- n-7 As 41 Ztr GE mME IlNTLAIrIt 304' 1 wtth - Type Aa t[~-3B7 _ 1 q,1 - _112 F 2 e D Lc_~> - - ox~- 1 Y $ - NUr ao~rLro 31t-~atth7.)' 1.I ,NCUSArnrVALVt NA GrosbY_ _ NAUnCrosby 1 I-- _ - As I Tutis~GEFiucFVALVr Ae 7oolsylt[cluded with lieatcr_5'3•_._ A7 ~ AL r_ •~'~N NO. 636 1 I I I F - , DIN 110 9 SOUTHVIESTERN ENGINEERING COMIPANY a,n c. OARDIFI RoULCVAAD LCL ANGELES, c+LtFC•RNIA ccoaa FEED WATER HEATER SPECIFICATIONS SHECT I BLACK VFATCI1 Jon No-_z633-=1 ~a CUSrOL+E F_CITY_O1=DEh11 _-FIEF NO.. 28149 a Aoorl:ss NauiAT++o _4904 M-16- 4 PLANT LOCATION Municipal Electric Generating Station _Unit 5_ DATE _ Tunc0, 1970-- ! 1 SERVICE OF UNIT 11 P. H_ eater 5-4` ITEU HD_ 3-_ ' -.---19X 211 i 2r 14_2- TYPE. ~Ve ttical U=fabe~ SURFACE/SMELL Lo "L is rr. ` • SIZE_36'I 1. j5 7 NO, OF UNITS l SHELLS/UNIT -_Channel End UPSURFACE/UI-Ir 2, 142 Ra. rT. f PERFORMANCE OF ONE UNIT SHELL BIDS TUBE sIDG ' • FLUID CIRCULATED aT[AM DRAJNS ICED WATER I j r TOTAL FLUID LA-TERwo C/NR. 7.731 _ 577, 594 ID INLET CUTHALPr 4TU/r 75 1.37kA.35 355.,_ 11 OUTLET ENTHALPT ■TDa- 439,33 11 ANL[TT[MPrAAlURL -F~732.b_!.457.6 f+T' -380.3 If OUTER T(MFUATUA[ 'F 390.3 45'1.6 u cP[RATINaPR[ffuRE PBIA 4.rL5..9_ _ i IS PIUMSCR OF PASS[! PER SHELL 3 Zones Ii VELOCITY 17 FRLf1URC DROr Psi fA1 7 ICI I ~y-- I s HEAT rXeMANCED PTO TAANaFIA AA.TCI EL'Ar ACC %A.rrL[ THY.. I NUMttR aSV/III!. 'F ■TN/Hr/F0"Pr [FF'IIQrr CrACINO 1p IA' OCftIPCRH[ATIHOfLCTION~-pr 472. ~~7 1~! _1-66 28Y-T- { 576TI -4- 7 ini ano[Nf;NCSCCrroN T 3A 267 000 636-I 1529 518"7 4-Villr'! _-3b5 f 330 f it \1 ICI DRAIN COOLIMOS[GTION i 3, 457,_ 000 29. 61 378" 27 J CONSTRUCTION EACH SHELL I u aulok~Rtaaun[ 5/•O IN. _-"-'-67'5 L_2000` - j as -_TEST PRENSURK c/•o_iN, _10_13 3000- I :4 DtfION 1LNPfR4TUA[ F B _ C= 840 _Sldrt_ k_ SHELL 5_50- ) 5371502 -j is CONNECTIONS tltS IN T6" ovr 411 - IN 61' CL17 611 to RATING A FACING UW - -6011-- 500 i a7 TUfL• NO 341`U+ qoD, 314 AWO 1$ LOC. AVLRAOE L[NOTM 192 •tTAPif H 1.5/l T6--RI. .a• OrtUP•HROUa LENOTH lag T- OA CLO aNAPUO TTRG 5pht PaB9-FLLll A,Cngt~L/HCINuI $6Tl--I - - - '[E COkNRURIOk-AfMLSECTIONVIII DivlSion I & pill flos. cU}r.arcc 4404'-1-N1 •"I to wr1ONTS: EMPTY 25,000 rcMOVADIrcuNDLt 12 , 0,00 -l }I fTR[$I ArLIEVEO rARTS MARRED IERI RAD109RAPHra PAAT% MANNED I PRI --v--- _ -_I j'V. !7 MAT '_--•--MAr[RIAL r THR rCORK Al GA1RCiB J_---! - - MAT Liu Al.. j 1__ L_ 0/2~s Tus[s SR Bendel 7MOCL-MD S.R.TctT~,orB 395 She1T Skirt Flexitallie I - - 44 FIXED rs. L_l./$" . --_a• aM[LL COYER1$.3Q,,_.15I161/16.._"_`_"""A! *Eftectivc.Suzface is bae ed-Da.3.391.J., 37 lung suPRosis_I~7 I 5/gIl TungTOTUacsIIERJOINT. RO11elI_~ t• cAOassAFFL[s FA-7 5/8fL3/$d ' ilrrorskc~tsurroPn, Skirt Typo -`rs CkANk[L ~I p_266_lI_5.31251' 1/16!'?•rror•HCUTO•NIRTJoINi_Flanged 40 CILA NNLL COVER I III II. T*PC OI CM.H. AND C LClL'RF A 166-IL- 7 518 3%16_. _ ._Scal_weldc zeee Jock., 4, cHROUD IA 7 ---~...`14n I {v$team)nlCt_npzzle_^_chrcme mQ) s e 4 All IMrINDEMEN TSAf FL[, 304 SS _ _ - As _Steam lox 387_; 411 fH LLa.rlTvvALv[`MANur Crosby. 1-1/21 2 40CELNO JC)-.16 with 7ypc D letcr ",f 1 TLELE EC P[ I[r VALVT MANUr II " 110 0 f L No _CroEby_ 3/1 _k._1. JR-t_w[th T 'pc D Lcyer AAI TOOlst ncluded with Ileater_5 3,___ 47 ( ,"M N'O. Sot r s i i Telephone (708) 620.1161 i Hamon Power Services, Inc. FAX (708) 620-1542 860 Oak Creek Drive Lombard. II11n0i5 60148 24 Hour HcThne 600.552.1225 May 7r 1990 City of Denton purchasing Agent 901-B Texas Street Denton, Texas 76201 BOBJECTt eatecatairt90Unit5- 04 Feedwater Heater Per H ri REFERENCE: city of Denton Bid Number 1109 Hamon Power Services Quote No. Q786TX-TX0404RE-7 Gentlemen: preoServices is nsideration. We pleased propose submit the followingation for your Eamon c review and SCOPE OF WORK ' Hamon Power Services shall perform the shop re o rtsect Feedwater heater according to the following general pcedure A. Pick up and transport feedwater heater 5-4 from 1701-A Spencer Road, Denton, Texas to our shop facility in Erlanger, Kentucky. B. Cpen heater channel. C. Cut and pull shell. D. Remove tube plugs from tubesheet. M v:~ E. Cut tubes internally and at U-bends and pull from bundle. ` F. Remove tube stubs from tubesheet. G. Ream/deburr all tubesheet and tube support plate holes. prior to einsertioni of anew H. siffener Straighten bar) and align tie tubes. 1. Install 341 new 70/30 CuNi DSR Temper B-395 U-tubes as specified. J. Roller expand new tubes. v JJ 1 = f t i E i © Eamon Power Serv ces Inc t City of Denton Q786TX-TX0404RE-7 May 7, 1990 Page 2 K. Remachine shell to skirt flange for application of flexitallio gasket and perform final cleaning of shell. L. Reinstall shell and fler,itallic gasket as specified. M. Air test shell. N. Hydrotest shell. 0. Prepare feedwater heater for transportation and unloading at I the plant. P. Transport heaters back to the City of Denton. The City of Denton shall provide the following: A. Loading and unloadinq of the feedwater heater on to and off of HPS-furnished tru_.. 8. All rigging required to remove and reinstall the heater. C. All insulation services required. R INO For shop retubing of Unit 5-4 feedwater heater: liDi__~_-9 Heater Labor $ 34,275.00 TO '.ng Material $ 38,990.00 Total Labor and Material ~ 730265.00 The new tubing for subject feedwater heater shall be invoiced for at the "price in effect" for the tubing at the time our order is I I I Hannon Power Services Inc t city of Denton Q786TX-TX0404RE-7 May 7, 1990 Page 3 SCHEDULE We estimate this shop retubing will require a total of about six weeks from date of order. Allow two days for round-trip transportation. if a purchase order is received on May 21, 1990, the feedwater heater will be retubed and returned to the plant by July 130 1990. I COMMENTS t 1. Hamon Power Services shall provide all new tubing for this project as follows: Heater 5-4 - 341 3/4" x 18 SWG aveiane 70/30 CuNi DSR Temper 8-395 U-tubes with 1oL11 straight length. In addition, Hamon Power Services shall provide all new gaskets. 2. fiamen Power Services proposal is based on all parts of the ~J feedwater heater, except new tubing, tie rods and spacers being reused. If new tube support plates are required, they will be provided at a price of $325.00 each. Labor to replace any additional internal items will be billed on a Time 6 Material basis'in accordance with the attached Service Rate Schedule. 3. Hamon Power Services proposal is based on the removal of up to 60 tube plugs from Unit 5-4. 4. Prices in this proposal are valid for the Scope of Work as outlined above. Any additions to this Scope of Work, as requested by The City of Denton, shall be performed and invoiced for on a Time & Material basis per the attached Service Rate Schedule. 5. This proposal assumes there will be no unusual or unexpected problems in the removal of the existing tubes from the feedwater heater bundle. Should any such problems arise, the 1 ? ~ I r v i i Hamon Pwver Services Inc t City of Denton t Q786TX-TX0404RE-7 May 7, 1990 Page 4 customer will be notified immediately. Any additional time required to remove the existing tubes from the feedwater heater bundle shall be performed and invoiced for per the attached Service Rate Schedule. We appreciate this opportunity to provide our feedwater heater retubing expertise to you and look forward to working together with you. i If you have any questions regarding this proposal or if we can be of any additional service, please contact either our Sales Region Representative, Mr. Bill Evans, or me at 800-552-1225. Sincerely, i D Daniel 0. Vollbrecht Estimating Manager I DOV/bih Enclosures cc: bill Evans Bill White Q786TX File I r CENTRAL IERMS AA CONDITIONS 1 1. PROPOSAIS this proposal Is for acceptance within thirty (30) days from date of quote. Prices as quoted are for service, i labor and parts as specified in the proposal end do not Include any extras not identified In this proposal. 11 acceptance of this proposal Is delayed or modified, prices are subject to adjustment. 2. SCOPE OF WORM: UM.., costs Will be in line with quoted rates per this proposal. Purchaser agrees to provide Women Power Services, Inc. (herealtar referred to as Haman) personnel with required fleld utilities (water, electricity, compressed air, etc.) normally used for such services unless restricted speclflcelly in the quote. Hamon agrees to keep the job site clean of debris arising from its own operation. Purchaser will not backcharge Ramon for cleanup costs without Herron's written consent, 3. INVOICING AND PATMENIS: Maroon may Invoice Purchaser monthly for all materials delivered to the job site or to an off-sfte storage facility and for ail labor performed on site or off site. Any engineering, drafting, or other wblllaation costs prior to the service work shall be Included in Hamon's Initial invoice. Purchaser agrees to pay Ramon the amount Invoiced within thirty (30) days of invoice date. Waivers of Von will be furnished upon request, as the work progresses, to the extent payments are received. 4. MATERIALS: If the materials or equipment included in this proposal become temporarily or permanently unavol table for reasons beyond the control of Mamon and without the fault of Manion, then, In the case of such unavailability, the ttae for performance of the work Mall be extended to the extent thereof. In the case of permanent unavailability, Ramon shall: (a) be excused from furnishing said materials or equipment, and (b) be reimbursed for the difference between cost of materials or equipment permanently unavailable and the cost of an available ressonabte substitute thereof. i' S. WARRANTY: Hemon warrants that the materials and equipment furnished by it shed be free of defects in material and workmanship arising from normal usage for a period of one (1) year from detfvery of said equipment or If installed by Haman, for a period of one 11) year from the date of installation. Haman additlonatty warrants all service labor performed to be free from defects In workmanship for a period of one (1) year. Meson expressly limits Its warranty on Purchaser's equipment which hod ' specific service work done by Ramon. these warranties do not extend to any equipment or service which has been repaired by others, abused, mitered, or misused, or which has not been properly or occoslonatly maintained. THESE WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESi OR INPLIEn, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY AND FITNESS FOR A SPECIFIC PURPOSE. Moron shall not be liable f,r any special, Indirect or consequential damages arising In any sneer out of the performance of this agreement, n 6. TAMES: The price of this proposal does not Include duties, use, excise, or other similar taxes unless Identified as such. r. Purchaser will pay, In addition to the stated price, all taxes not legally required to be paid by Moran, or alternatlvely, aball provide Ninon with acceptable tax exemption certificates. Ramon shall provide Purchaser with any tax payment certificate upon request and after comptation and ecceptanxe of work. T. MTRA : Any work that becomes necessary to complete the contract, but which was not stipulated as part of the original agreement, will not be performed until the Purchaser has agreed In writing to authorize the extra work. Any delay In obtaining the written muthorltetlon shall not cause Hamon to be liable for noncompliance with the terms of the original contract. Any costs incurred due to delay shell be billable to the Purchaser. S. DELAYS: Manor shell not be liable for any delays In the performance of work resulting from or attributable to acts or circumstances beyond Msmon's control, including bit not limited to: fire, floods, labor disputes, acts of God, acts of goverment, war, civil disorder or the inability to obtain materials. g. iNSURANCEt Ramon carries worker's Compensation and Comprehensive Central Liability Insurance and shall furnish evidence thereof upon written request of the Purchaser. Insurance coverage in excess of Moron's standard limits will be furnished when requested and required. The cost of additional coverage will be paid solely by the Purchaser unless otherwiss stated in the proposal. 10. COMPLIANCE WITH LAWS: Hamon shall comply with all applicable faders(, state, end local laws and regulations. Maroon will obtain any permits or licenses required for the execution of the work. Licenses and permits of a permanent nature shall be procured and paid for by the Purchaser. 11, DCCVPAIICMAL SAFELY AND HEALTH: the parties hereto agree to notify each other iecwdlotoly upon becoming aware of an inspection under, or sny alleged violation of, the OccupatlonaL Safety and Health Act (OSHA) relating in any way to the project ` or project Bite. I 12. ATTORNEYS- IM: Purchaser agrees to pay and reimburse Hamon for any and all reasonable attorneys' fees Which are Incurred by Ramon in the collection of amount due and payable hereunder. 53. ENTIRE AGREEMENT: This proposal, upon acceptance, shall constitute the entire agreement between the parties and supercedes any prior representations or understardings. 14. WHOM No change or modification of any of the terms or conditions stated herein shalt be binding upon Ninon unless accepted by Ramon In writing. I s . i ; f e i i I ITTIan Poi,/er See SERVICE RATE SCHEDULE jEFFECTIVE JANUARY I. 1990 1 Lead Support Project ! SERVICE 71ME technicians technicians S_.Rv ervfsor n Ineer Strsfalt Time, per man S 51.00 $ 47.00 f 66.00 f 79.00 3 Overtime/Sat., per man s 69.50 f 65.50 f 84.50 S 97.50 I' S,edays/legal Holidays, per man $ 82.00 f 78.00 S 97.00 $110.00 F t SPECIAL RATES• Heavy k 111 tube Cutting, Magnetic Tube Testing and Metal Disintegration f 67.00 s 47.00 Code Welder f S8.00 ' 1 Tube Cleaning, UT, MT Testing srd goiter f 42.50 S 52.00 N;A Tube Testing f 45.00 'Overtime rates to be added to the base rate: S 18.50/hr for Saturday and over eight (8) hours. S 31.00/hr for Sunday and Holiciey work. A. The above rates are based on a normal work day, defired as an 8-hour shift, excluding Saturdays, Sundays and legal Holidays. 1, the overtime rate will be charged when work is in excess of eight (8) hours on normal work days or Saturdays. C. Travel time and mobili1atl0n time ere itemized separately. The rote is 540.00 rvr hour, per ran, Monday thew Saturday, and $50.00 per hour, per man, Sundays and Nolidays. Travel time is based '...o lne point of origin. P. stan_4 tlme will be at the rate of $40.00 per flour, per man, Monday ';n ~,sy, and 350.00 per hour, per mar, Sundays i srd Holidays. 1 IRAVEL LIVING AND MOGILIZA110N EXPENSES Any travel, living and/or mobilization expenses are in addition to labor rates and material prices. A. Mobilization and demcbilizatfon wltl be billed of the travel time rate for the actual time incurred. 1. Mileage charge for company autos or trucks Is $0.55 per mile, C. Living and travel expenses (other than company vchi d e) are billed at cost plus IS%. ' D. Meal expenses will be billed at a per diem rate of $30.00 per day, per Mn. Weekend or Nollday, layovers, when no work is performed, will be billed at a per diem rate of 1,60.CD per day, per moan, i T A A N~,100L CHARGES Inventoried repair materials and expendables, such as hydrostatic test plugs, probes, burrs and drill bits are charged at Namon Power Services' list price schedule. Purchased materials charged directly to the lob wilt be billed at cost plus 1S%. Damaged standard Eddy Current test probes are billed at $350.00 and $750.00 for sleet test probes. All other test probes will be billed et cost plus 15%. IWIPMENT RENTAL DA LY RA1 Stick Welder, Hydrostatic Test and Boiler tube Inspection Equipment f 50.00/day IIG Welder, Eddy Current Testing Equipnent . S 50.001day Metal Disintegration 1SD Machine I 50.00/day Straight Tube Cutter and Puller 1100.00/day 600 AMP Natal Dlslntrpratlon Machine (200.00/day U-tube Cutter S Putter 1250.00/day _ Magnetic It& Testing 3500.00/dal' 1E ST REPORTS Standard NDE lest Reports wlll be invoiced at a time 1 Material vatue not to exceed $600.00 per heat txchanger or condenser section. Plugging or sleeving reports will be Invoiced at $60.00/heater. A maximie of three (3) copies wl it be issued for each report. Any additional copies will be charged at $0,25 per page. EXPLOSSYEIT 11E10ED PtU S ANp SlE£Y£S EKPANDED FERPULU VeIded Plus Slte Gist Price Welded Sleeve Sing List Price 0.410" S 125.00 0.440" S 125.00 0.480" (112) It 125.00 0.625" (5/8) x 41, f 190.00 (Other plug and sleeve slits ore available on 01515" S 125.00 0.750" (3/4) K 4" $ 190.00 special order. Price determined at time of 0.562" (9/16) S 125.00 order.) 0.625" (5/6) S 135.00 0350" (3/4) 1 135.00 d 5/11, 3 /4, 7/8rendsl S 10.50 or serrvices sarerbasedionbfourCetementu giheln~r$&!as Manager or ber and site of plugs Sites sleeving Volume Prices sbown Department) are Explosively welded plugging ard sleeves. sleeves used, serviee time, travel time, living and mobtlizstlon expenses. PRICES SUBJECT 10 CHANGE WITHOUI NOTICE z ~ I I, Y, I I 1 IE` } 1 Jt ~ CITY r COUNCIL= TIT 1 1 I !tit fill I t o~aoaaoooc~oc~. c s o ~ T p E nJ a `ZQG~a: L OL ~eC~o,J I i 1.Y~+JI,iJ qua ♦~~a _.ft-ft h 1 F 2651L-3/3669 t NO. 1 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE FOR DTHE EXPENDITUREFOOF PFUNDS THEREFOR; IANDOVPRIOVIDING RFORDIAN EFFECTIVE DATE. WHEREAS, the City has solicited, receiveublic worksateod competitive bids for the construction of p I improvements in accordance with the procedures of state law and City ordinances; and WHEREAS, the Cit Manager or a designated employee has lowest responsiblerbidsdfor thehconstructionsof the bpublicrworks or improvements described in the bid invitation, bid proposals and plans e.nd specifications therefore; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAV:S: SECTION 1. That the following competitive bids for the construct on o Jublic works or improvemants,assescri catiinsthe "Bid Invitations', "Bid Proposals" or p file in the Office of the City's Purchasaifeg Agent fi ed acedrdind to the bid nuviber assigned hereto, approved as being the lowest responsible bids: CONTRACTOR A110U14T B L D t~ ER $ 51,659.00_ 110_ DANA CONSTRUCTION 87,437.50 Il 1107 HASTY-FOWLER CONSTRUCTION 1 600.06 106_ _ _ 8 MARTIN K. EBY CONSTRUCTION $4121 SECTION II. That the acceptance and approval of the above compel t ve s shall nut constitute a contract between the City and the person submitting the bid fpor constructir n, of such ublic works or ll comply witheall~~r quirementsnspecitfied in the Notice person shall comply I I l i 1 i i i i i to Bidders including, the timely execution of a written contract 9 and furnishing of performance and payment bonds, after notifi- cation of the award of the bid. SECTION III. That the City Manager is hereby authorized to execute a necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying tities terms, conditions, plans and specifications, standards, quantities specified sums contained therein. SECTION IV. That upon acceptance and approval of the above compet t ve s and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION V. That this ordinance shall beceie effective immed ate y upon its passage sad approval. PASSED AND APPROVED this the day of > ].99o. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALT CR APPROVED AS TO LEGAL FORM; DEBRA ADA,11 DRAYOVITCH, CITY ATTORNEY BY: PACE 2 s x ~ s r i 4 i s~ DATE: MAY 15, 1990 CITY COUNCIL REPORT i To: Mayor and Members of the City Council i FROM. Lloyd V. Harrell, City Manager I SUBJECT: BID# 1101 - FRIENDS OF THE FAMILY RENOVATION Ili 1 RECOMMENDATION: We recommend this bid be awarded to :he lowest bidder DANA Construction in the amount of $51,659.00 with completion in 60-days. SUMMARY: This bid is for the materials, labor, and supplies to renovate the Friends of the Family Building. The bid includes new windows, doors, insulation, wiring, dry wall, ceilings, concrete work, plumbing, HVAC, fencing, landscaping, painting, clean-up, and other associated activities. BACKGROUND: Tabulation Sheet PROGRAMS, DEPARTMENT OR GROUPS AFFECTED: Community Development Department and Friends of the Family. FISCAL IMPACT: This renovation and remodeling project will -be `unded from Emergency Shelter Grant Funds from Texas Department of Community Affairs. Respectf y/ssuubmittedi U W44all Lloyd Harrell City Manager Pre ared by:C + y , Namei Tom D: Shaw, C.P.M. Title: Purchasing Agent TDS/cj 029.DOC f i 7 a R 4t 3 O to I ro N m p cl 1 - - - - n le z K) C! d { - - - - - M pj y yH o N C~ H 00 "ML E M i y ~ NO Y z za r H O i z ~ n 1 q w O ~ N N D N o 7 O O { - - - - - - - Oi Ln M l O N Nd o, N 'O Q o z 0 O v a e E r I t I DATE: MAY 15, 1990 1 CITY COUNCIL REPORT TOs Mayor and Members of the City Council C FROM: Lloyd V. Harrell, City Manager SUBJECTS BID# 1107 - BONNIE BRAE eATER LINE i RECOMMENDATIONS We recommend this bid be awarded to the lowest bidder, Hasty-Fowler Construction, in the amount of $87,437.50, completion in 20 work days. Public Utility Advisory Board recommends approval. SUMMARY: This bid is for the installation of 3,117 feet of 121, water line along Bonnie Brae, north of University Drive. The project includes all material, labor, and supplies as well as replacement of fences and hydro-mulching or re-seeding excavation areas. I BACKGROUND: Tabulation Sheet I! PROGRAMS.L DEPARTMENT OR GROUPS AFFECTED: C.I.P. Replace Water I Line Street Program, Citizens using Bonnie Brae Street. FISCAL IMPACTS Funds for this project were originally budgeted in the FY90 D.I.P. Program for Street/Water Line Replacement. However, due to transfer of funds for Lake Ray Roberts, thia project will be funded with bond money sold in 1990, for projects that have been indefinitely postponed. ly submitteds arrell er 4Citynag Prepared b yy& Names Tom D. Shaw, C.P.M. Titles Purchasing Agent TDS/cj 029.DOC is ~ I ~ A 1 . ~ ~ r 1 I f I ~f t i 1 j 1 r.~ s. 1 _ _ _.I r. m ei c ~ ¢li c. a • ~ i }I >1 C K1 + 1 ~.I ~ I I 21 i 1 3~ Y i ~1 r I m 1 -iI ri 1;1 i s i i~ ~i I f~i i ~ i gal ~ ~ I ~ I ♦J 1 T I Z• 1 H ~ ~ I ?11 R~ I I ~ 11I 1 1 1 1 1 I 1 I 1 N 1 1 I 1 m I G 1 ll 1 IT I I"11I CI I_u I I ~ , F ' ~ i 3~i rl ~i 1 I I 1 I 1 • I 1 I Y 1 I t ~ ~ri I ~ I ~ ~ V I I I I 1 1 j 1 y 1 i __L. 1 1 I 1 I r• 1 1 y 1 <:i ~t .:a sl ; , ~ ~ _I it ~ I I I M ~ L.. i i JI h ` I rJ ~ G Ii u~ ~j(~.~ I QI ~ r ' Y'1 }I~ w r• 1 R, I r I : EF i} I4 1 f fI f Z May 15, 1990 CITY COUNCIL AGENDA ITEM i t TO: MAYOR AND MEMBERS OF THE CITY COUNCIL t FROM: Lloyd V. Harrell, City Manager SUBJ: CONSIDER BID OPENING FOR BONNIE BRAE 12' WATER LINE FROM UNIVERSITY TO WINDSOR. RECOMMENDATION: j i The Public Utilities board, at their meeting of May 9, 19901 recommended to the city Council approval of subject contract award. i SUMMARY: bids were opened on May b, 1990. The results of the bid opening are as follows: Hasty Fowler is the lowest qualified bidder with a bid amount of $87,437.50. The bid item prices are reasonable. BACKGROUND Staff has determined that this line will be necessary to increase fireflow at the intersection of Bonnie Brae and Windsor. This line work has been included in the preliminary water distribution system analysis to improve system needs in this general area. FISCAL IMPACT: $110,000 was originally budgeted in the FY 90 CIP under "Replace Water Line Street Program". However, due to transfer of funds for Lake Ray Roberts, we propose to budget this project with bond money sold in 1990 for projects that have been indefinitely postponed. See Exhlbit III, "Fund Analysis" for further information. t I ~ A Y r r S 4 i t S I j} I l ~ Page 2 i PROGRAMS, GROUPS OR DEPARTMENTS AFFECTED: Wo Utilities, City of Denton, Public Works } Denton Municipal f Department and Hasty Bowler. Yyd tfully submitted, Harrell iI City Manager Prepared/Approved by: I R~.E 4.N I onIt; Te c 0DDi t utility Administration Exhibit I. Fund Analysis l II, project Location Map ~-J III. Engineering Estimates by Bid Tabulation IV. Bid Summary, Bid Tabulation and Recommendation Letter V. Minutes pUB May 9, 1990 I 6754U;5-6 i t f ' f t1t I S 4 a f I May 9. 1990 { BONNIE BRAE 12" WATER LINE (University to Windsor) FUND ANALYSIS s PERCENT i WATER (BOND) STATUS COMPLETE $ (x1000) g FUND SOURCE RB89 Repl. Misc. WL $110.0 TOTAL FUNDS $110.0 EXPENDITURES Engineering (Est) s18.8 Design/Bid (Actual) 100% $3.7 Design/Const. (Est) O% 1.8 Survey/Design (Actual) 100% 019 Survey/Const. (Est) 0% 2.0 Inspection (Est) 0% 8.7 « Construction (Cont.) 0% 87.4 i TOTAL EXPENDITURES $t0 o' r AMOUNT OVER/(UNDER) BUDGET ($4.0) STAFF ENGINEERING HOURS HOURS Engineer 16 Technician 0 i Item under consideration C ' I d ~ i i I f ~ i PROJECT BONNIE BRAE ILDCAT10N WATER LINE 1 11 1 i nr 1- 1 ~.r 1 1 \ 1- R 1 I 1 ' ~ r r 1 r~ C-7 EXHI I i 3onnis Brae I2 Inch Una, 11~1S1fCnnc WORR DAYS 2U r' T r-1*1T r BID NO. PO No. BID TABULATION SUIT iTClf DESCRIPTION UANTITY UNIT 2. 12, 2Q 12• PVC Waterline UNIT PRICE 3 r 117 1'01'A^L ' L! S .12.9 • Can e 7 Steel Caein 2 /L! SA C! U0 It .13.A 1 210• Cate Valves y, oil. 2.11.8 B• Cate valves ) EA o,'lEA lloo. ty,► 2.11 lire H 1 IA 1/EA rant a, Ys. o= r~~,=~,,.. 3-B RrmoVe Curb and Cutter 1 EA Ap, '/EA • ~ 7 12 g'2-A Concrete Curb and L/ 00'/LIP Cutter / o, 43~' :P-2 12 I! Concrete Saw cut o. ~l/LP of S.7-D 8 , As halt Patch ( e DI L! 00 /LP o. oQ 3.10.7 g S TON a roaulch 14 TON l t Restive and Replaee 2100 SP-13 wire ?once SY/SY 1 Contractors arrant of 150 LP .2 1 and Und erstandins Bareieading, Warning Signs La 8- and Detours •~/LS e~ SP-37 Excavation Proteetlop L8 3.1 Pr Operation Of R1 htrol-Ys /LP 0 ,y 1 2.1208-0 Cast Iron Plttin a Le u L/ U ' 580 w r ' 2.12.8 120 Ductile Iron Pt • Al X SP-39 111 LP Pro act 31 no ~/Lt ,)(ee, •~e SP-10 2 IA Rock ixeevetlon 0. "/IA 500, 6.1 ISO CY florin ?O. -7CY 7.1.5 S8 LP w Concrate Eneaseeent ~ LP fie, tie 5 ; /CY 9S, L •3.10.) U *din *This tam may , 00 Y rap ace romu 2100 SY C P-3 ' XMIBIT i MORE DAYS 20 nq~{1QC'CSl~ BID NO. Bonnie Brae 12 Inch Waterline 90. F ,z1f1AT~ i BID TABULATION SHEET ri ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 2.12.20 121 PVC Waterline 3,117 LP 3 1 1. /LP i 2.12.9 20' Gauge 7, Steel Casing 58 LP s% /Lr 33009, 2.13.A 12• Gate Valves 3 EA "/EA r~ C 0• tY► 2.13.8 Be Gate Valves 1 EA -SEA j 4, I.S. 2.14 Fire Hydrant 1 EA 00, "O/EA r Qp. , 3-8 Remove Curb and Gutter 12 LP 0/LP ~ 70 "i f 9.2-A Concrete Curb and Gutter 12 LT 0, '-/LP /10 oy SP-2 Concrete saw cut 8 LP !'/LP 5.7-D As halt Patch (Type 0)S TON Yr. °=/TON 3.10.7 H comulch 2100 Sy O /SY O to Remove and Replace SP-43 Wire Pence 450 LP Jo /LP I o< y Contractors Warranties 1021 and Understandin a LS LS of Barricadinq, Warning Signs 8.1 and Detours 1S 3 0". k/E.y a SP-37 Excavation Protection ,-/Lr Preparation of 3.1 - Right-of-way /L2.12.8-B Cast Iron fittings Soo LS , '/LD X60- V 2.12.8 12• Ductile Iron pip* 144 Lr t *-/Lt 3Cee, { SP-39 Project Signs 2 EA KO.~/EA 500. ' SP-10 Rock Excavation ISO Cy !e 20. -TCY 3pp.a, eo 6.4 Baring 58 LP !/Lr 74'. v 7.4.5 Concrete Encasement 5 CY s , "/Cy 7S, a~ TOTAL 91 00 •3.10.3 Saedin 2100 Sy 'This item may replace 3.10 .7 H coma c P - 3 r.XMIBIT T~ _r i 1 'a i i i f ` I ! -.MIS S n rroi d o ~ Q z ~z I~ ~ 3 o N H ~ J tn n M ro H 2 re . 1 +...1 ii ti NJl q ~ ro ~ nA l AT AN f 1 ~ I ~ r E i WORK DAYS 20 _ BID NO. 1107 Bonnie Brae 12 Inch Waterline PO NO. BID TABULATION SHEET i ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL .12.20 112' PVC Waterline 3,117 LF _ I~ 2.12.9 20' Gauge 7, Steel Casing 58 LF /LF 2.13.A 12' Gate Valves 3 EA -%A SOU 2.13.8 8' Gate Valves 1 EA n qEA 2.14 Fire Hydrant 1 EA / A 179-~ 3-9 Remove Curb and Gutter 12 LF /LF i.2-A Concrete Curb and Gutter 12 LF (~C)o /LF ~ y 32-: Concrete Saw Cut 3 Li /LF iii a 5.7-D Asphalt Patch (Type D) 5 TON TON 3.10.7 Hydiomulch 2100 Sy /SY Remove and Replace SP-43 Lore Fence 450 LF /LF Contractors Warranties 1.21 and Understandings - LS n ~Qb Barricading, Warning Signs ~1~~1 nn0 8.1 and Detours - LS r `7LS SP-37 Excavation Protection 3055 LF /LF Preparation of LS 4~0 3.1 Right-of -Wa- LS 2.12.8-8 Cast Iron Fittings 500 LB 0 /LB 2.12.8 12' Ductile Iron Pipe 144 LF //LF SP-39 Project Signs 2 EA T SP-10 Rock Excavation 150 CY v/CY J 6.4 Boring 58 LF 7.4.5 Concrete Encasement 5 CY TOTAL 3.10.3 Sera ing 2100 SY `This item may replace 3.10.7 (Hyiromulch P - 3 EXH , t 1 I t I t I CITY of DENTQN / 215 E. McKinney l Denton, texas 76201 s MEMORANDUM DATE: May 8, 1990 TO: Renee Baker, Engineering Associate I FROM: David Salmon, P.E. Engineering Associate II I SUBJECT: Bonnie Brae 12' Waterline Bid We have reviewed the low bid for the above mentioned project presented by Hasty Fowler, Incorporated. We have found the bid j to be correct and the prices to be fair. The Engineering Division recommends acceptance of this bid. i David Salmbfi4 0861E . EXHIBIT i 2 , EXCERPT PUBLIC UTILITIES BOARD MINUTES May 9, 1990 LINE 3. CONSIDER BID OPENING PENING FOR BONNIE BRAE 12 WATER % FROM the 12" Water Line from Bids were opened on ~ 1990- $110,000 Ham explained University to Windsor on May there are in funds allocated to this project and the Department has spent $18,600 to date on design and construction inspection, nt Of totalHasty prFowler in oject costhtoa$106,000 The low bid is from $87,437, bringing the which is $4,000 under our engineering estimate. (see bid tabulation and Staff has reviewed the bids, accepteda) and recommends the recommeHasty Fowler be letter bid of was LaForte made the observation that thowesbidbid. approximately under the next t submission phaofsichangezed the LaFort asked if staff statedd no reviewed Fowler' . Ham see what anything to track the bids statistically to happens when the projects are complete. Is there a final comparison between the bids reeivedandTthe would cost of all of the Utility s projects. bid lower and flag those companies that consistently then increase the total cost of the project through the change ofurther commented that this him to believe that the project which use of the existing policy on the rating of water/sewer line installations according to the pre-determined criteria was a waste of time and that the policy should be revised to reflect what actually occurs. Council Laney made a motion to recommend to the City approval of subject low bid from Hpsonasty FoAll wlerayein,n theo amount of $87,437. Second by Thom. s nays, motion carried. j' 4 I 1 . I I h ~ i I G L 1 Y DATE: MAY 15, 1990 i CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM. Lloyd V. Harrell, City Manager SUBJECT: BID# 1068 - RAY ROBERTS/LEWISVILLE HYDROELECTRIC PROJECT RECOMMENDATION: We recommend this bid be awarded to the firm of 1 Martin K. Eby Construction Company, Inc., in the amount of $1,646,000.00, for the Ray Roberts Hydroelectric Project and $2,625,600.00, for the Lewisville Hydroelectric Project. Total bid award $4,271,600.00. SUMMARY: This bid is for the construction of hydroelectric projects for Lake Ray Roberts and Lake Lewisville. These projects will utilize flow water to generate electrical power, 13,054 megawatts per hour from Lewisville and 7,965 megawatts per hour from Ray Roberts. i BACKGROUND: Memorandum to Council dated May 15, 1990, excerpt from Public Utility Advisory Board Minutes of April 24, 1990. PROGRAMS, DEPARTMENT OR GROUPS AFFECTED: Electric Department, Water and Sewer Department FISCAL IMPACT: Funds for this project will come from Electric Bond Funds. As indicated in the attached memorandum, the projects show a positive cash flow in the first year of commercial operation. R3e, ulllyy s tteds v Lloyd V. Harrell City Manager Ps\pared by: Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent TDS/cj 029.DOC I l4~f-U't'SU ldtU 14:a" 1L l.~f! OF UEr4iul! UH IEU NU G17-~bc-:~c.ib ~S4ic' Pllt'U.3 : I May 15, 1990 CITY COUNCI AGENDA ITEM 1 TO: MAYCR AND MEMBERS OF TIE CITY COUNCIL FROM: Lloyd V. Harrell, City Manager RE: CONSIDER APPROVAL OF TF(E BID FOR CONSTRUCTION OF THE LAKE LEWISVILLE AND LAKE RA ROBERTS HYDROELECTRIC PROJECTS. RECOMMENDATION The Public Utilities Board, at their meeting of April 24, 1990, recommended acceptance of the bid $1068 with Martin K. Eby Construction Co., Inc., n the amount of $4,271,600 for the installation of the hydr electric turbine and generator units for Lake Lewisville an Ray Roberts hydro projects. I I SUMMARY/BACKGROUNR Plans and specifications for these projects were sent to 11 qualified bidders. on March 30, 1990, one bid was received from Martin K. Eby Construct on Co., Inc. Several other bidders such as Brown and Ro t, Morrison-Knudson, H.B. Zachary, etc., who had recei ed plans and specifications, did not bid and expressed that, ue to pressing other construction projects and the relatively mailer size of these projects, they chose not to bid. Austin Power of Dallas, Texa had indicated that they would bid, and within hours of bid opening, decided not to bid. Martin K. Eby is a very qual fied bidder and the Engineers, Black and Veatch, have attea ed that their bid is fair and reasonably priced. Ernie Tullos, Director of El etrie Services and Joe Cherri, Project Manager for the hydr electric projects, reviewed the Martin K. Eby estimating doc ents and have assured us that all the documents are In old r and the bid is a fair and reasonable bid and that, had other bids been submitted, Martin K. Eby bid would have most likely been the lower bidder of those submitted. i IWi-U7-'~U bit Llei: c.J IV:~Ii Ur L'tliiUfl UH I ltL, 11'J:oli-~Gb-GC ~b pJia rlj +,Cz f Hydro Projects Construction Sid Page 2 Martin K. Eby has compe ed with the bidders mentioned previously on several pro ects in the past and often were awarded the contract because of their lower bid prices. Martin K. Eby was the comps y that installed the outlet works at Ray Roberts which inc uded the reinforced steel pipe to which our hydroelectric turbine will connect. They have constructed a number of hydroelectric projects throughout the Midwest. The construction team that is proposed for our project are just coming of of a 31 MW hydroelectric project in Ft. Smith, Arkansas This project was a 31 MW hydroelectric power plant on the Arkansas River for the Arkansas Electric Co-Operati a at a cost of $39,623,000. I Martin K. Eby has Eevera other projects presently in the Dallas/Ft. Worth area and throughout Texas. Many of these present projects are major ater and wastewater projects such as: Village Creek WWTP-City of Ft. worth $17,686,000 Village Creek WWTP Sludge handling Facility $14,829,000 (City of Ft. Worth) Village Creek-2 aeration basins, 3 final clari- fiers Phase 2B WWTP (City of Ft. worth) $12,840,000 Water Trmt. Plant for the City of Midland $10,354,000 l Improvements to City of -i Dallas So. Side WwTP f 11581,000 Spillway for the Cooper Lake $12,400,000 plus many other major contracts. (See attached Exhibit I) The team who prepared th bid estimate was the project management team who built t le outlet works at Ray Roberts and are very familiar with s to conditions and the Corps of Engineers' regulations and p rsonnel. PRAGRANSt DBPARTKCNTS OR GROUPS FELTED City of Denton, Citizens, E1 ctrie Department Water and sewer costs. I'hir-U3-"3L~ WtL 14:24 10:Lll LF LEI4fUFI Li, IEL FJU:✓:1~-Sbb-BcJb .".Tie' PL4,0 1 f i i i i Hydro Projects Construction Bid Page 3 FISCAL IMPACT The Lewisville and Ray Robe is estimated net annual generations are 13,054 MWH nd 7,965 MWH respectively, and with the energy value escal tion of 3.88%, the projects show positive cash flow in the f rst year of commercial operation. The projects' payoffs for L wisviile and Ray Roberts are in the years 2003 and 2006 res actively as shown in the attached Exhibits 11 and III. Respectfully submitted, L-1-0-y3 V. Harrell City Manager P pared by, Ern a B. u Os, P.E. Director of Electric Utilities Approved b , R.E. Nelson, P.E. Executive Director of Utilities Exhibit I Martin Eby Projects II Lewisville Pro For III Ray Roberts Pro For a IV Minutes from PU3 M eting of 4-24-90 04300053 . E Af 3 E r t .w 44, -U9-'SU WEU 1415 iU:~lf'i' OF UEIIIU! I_y4 TEL N0:817-5tib-8e3b 11472 PL16/03 ? t y i EXHIBIT II LEWISVILLE HYDROELECTRIC P OJECT PROFORMA NET ANNUAL GENERATION (MWH) 13 054 ENERGY VALUE (3/MWH) $4 .25 CAPACITY (KW) 2 800 TOTAL COST $5,064 000 ANNUAL INTEREST RATE ,5% ENERGY ESCALATION 3 88% ' GROSS OPERATING NET RE ENUE DEBT CASH REVENUE EXPENSES OF OPE ATION REQUIREMENT FLOW YEAR (1000) (1000) (10 0) (1000) (1000) 1991 820 88 73 454 278 1992 846 92 75 4$4 300 1993 873 96 77 454 323 1994 901 101 80 454 345 1995 930 105 82 454 371 ' 1998 960 110 85 454 396 1997 992 115 87 454 423 1998 10024 120 90 454 450 1999 11058 125 93 454 479 2000 10093 131 96 454 508 J 2001 11130 137 99 454 539 2002 1,168 143 1102 454 571 2003 1,207 149 1,05 454 604 2004 1,248 156 1,09 454 638 2005 1,291 163 1,12 454 674 2006 1,335 171 1116 454 710 2007 11381 178 1,20 454 749 2008 1,428 186 1,24 454 788 2009 1,478 195 1,28 454 829 2010 1,529 203 1,32 454 872 2011 1,583 213 1,31 454 916 2012 1,638 222 1,41 454 962 2013 1,696 232 1,46 454 11010 2014 1,756 247 1161 454 1,059 2016 1,818 253 1,56 454 1.111 2016 1,882 265 1,61 0 1,617 NOTES: 1. PROJECT PAYOFF I$ YEAR 2003 FOR THE AMOUNT OF $5,556,000 APRIL 20, 1990 DISK #2 A:\PROFORMA\PU8PROF2 d ~ C ~ I l IIAi-U3-'9U Ul Ll 14:6 IG:':Y Is OF LtHTUi1 ILIA TEL 134'.":: Pu F, 03 s I E I I I EXHIBIT III RAY ROBERTS HYDROELECTRIC ROJECT PROPORMA NET ANNUAL GENERATION (MWH) 7 965 ENERGY VALUE ($/MWH) $4 .25 CAPACITY (KW) 1,000 TOTAL COST $3,834,000 ANNUAL INTEREST RATE .5% ENERGY ESCALATION 3.88% GROSS OPERATING NET RE ENUE DEBT CASH REVENUE EXPENSES OF OPE ATION REO('IREMENT FLOW YEAR (1000) (100.0) (10 0) (1000) (1000) 1991 517 43 47 344 130 1992 5d3 44 48 344 136 1993 549 46 50 344 145 1994 566 49 51 344 154 1996 584 51 53 344 166 1995 602 53 64 344 171 1997 621 55 56 344 191 1998 641 58 b6 344 209 1999 662 61 60 344 227 2000 683 63 62 344 249 2001 706 66 54 344 272 2002 729 69 66 344 299 2003 753 72 6811 344 329 2004 778 75 7031 344 358 2005 804 79 72 344 361 2006 831 82 74 344 404 J 2007 859 86 77 344 428 2006 888 90 79 344 454 2009 918 94 82 344 480 2010 949 98 851 344 508 2011 982 103 87 344 535 2012 1,016 107 9D9 344 664 2013 1,051 112 939 344 595 2014 1,081 117 970 344 626 MS 1,125 122 1,003 344 659 2016 1,165 128 1,037 0 1,031 NOTES: 1. PROJECT PAYOFF IS YEAR 2006 FOR THE MOUNT OF $4,254,000 APRIL 20, 1990 DISK 02 A:\PROFORMA\PUBPROF3 I i I ?J WEL, 1J:eJ 1Do1-i[, uF LLifUI! E1H f LL NLI: 81 7 - -oc'. b 1347c FUS, 0.i i EXC RPT PUBLIC UTIL TIES BOARD MIN TES April 2 , 1990 8. CONSIDER APPROVAL OF THE ~TS HID FOR CONSTRUCTION OF TILE LAY'S LEWISYILLE AND I.AK$ RAY ROB B ZROSLECPRIC PROTECTS. Nelson opened discussion y reviewing bids received on the project. Only one bid w s received which staff and the Engineers, Black 6 Veatch consider to be a solid hid by a reputable contractor. Mr. ohn stack and Mr. Robert Wood of Black and Veatch, Inc., were present at the meeting to update the Board. Black and Veatch explained that they felt it was unusual to r had eceive only one bid on t e project. They em hasized they fied for theeproject. Theybdonre ommendothetbidder, MartinbK. Ebs construction Company, for th following reasonsi y a) Martin K. Eby Constr ction Company is a very reliable construction company a d experienced with hydroelectric installations. The have completed several multi-million dollar in tallations in this area. b) Time is important to t e City and rebidding the project would involva added exp nses and time. c) Nelson and Black $ Veat h visited with Mr. Eby last week and he was taking the position that he would not rebid the project. So if Denton entered into a rebidding process, it is felt t ey would not come out better and may lose the bid that t ey have. After checking with some o the anticipated bidders who did not bid, Black & Veatch f and that the comparatively small size of the job influent d many of their decisions not to participate. Nelson then reviewed the oats, cash benefits and the fact the projects continue to be economically feasible, and advised that staff recommends approval of the award of subject bid to Martin K. Eby Construction Company in the amount of $4,271,600. Motion/Vote; Chew made a motion to ecommend to the City Council acceptance of the Martin K.I Eby Construction Company bid in the amount of $4,2710600. econd by Thompson. All ayes, no nays, motion carried. 4 May 15, 1990 F CITY COUNCIL AGENDA ITEM TO., MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Lloyd V. Harrell, City Manager RE: CONSIDER APPROVAL OF THE BID FOR CONSTRUCTION OF THE LAKE LEWISVILLE AND LAKE RAY ROBERTS HYDROELECTRIC PROJECTS. RECOMMENDATION The Public Utilities Board, at their meeting of April 24, 1990, recommended acceptance of the bid 41068 with Martin K. Eby Construction Co., Inc., in the amount of $4,271,600 for the installation of the hydroelectric turbine and generator units for Lake Lewisville and Ray Roberts hydro projects. i SUMMARY/BACKGROUND Plans and specifications for these projects were sent to 11 qualified bidders. On March 30, 1990, one bid was received from Martin K. Eby Construction Co., Inc. Several other bidders such as Brown and Root, Morrison-Knudson, H.B. Zachary, etc., who had received plans and specifications, did not bid and expressed that, due to pressing other construction projects and the relatively smaller size of these projects, they chose not to bid. Austin Power of Dallas, Texas had indicated that they would bid, and within hours of bid opening, decided not to bid. Martin K. Eby is a very qualified bidder and the Engineers, Black and Veatch, have attested that their bid is fair and reasonably priced. Ernie Tullos, Director of Electric Services and Joe Cherri, Project Manager for the hydroelectric projects, reviewed the Martin K. Eby estimating documents and have assureu us that all the documents are in order and the bid is a fair and reasonable bid and that, had other bids been submitted, Martin K. Eby bid would have most likely been the lower bidder of those submitted. I r ~ Hydro Projects Construction Bid Page 2 bidders mentioned Martin K. Eby has competed with the past and often were previously on several projects in the awarded the contract because of their lower bid prices. that installed the outlet works Martin K. EbY was the company have at Ray Roberts which included thWi111nconnect teTheyipe have which our hydroelectric turbine ects throughout the constructed number of that rois proposed for our Midwest. The of a 31 MW hydroelectric project project are just coming a ofs.f This project was a 31 MW 0 on the Arkansas River for the in Ft. Smith hydroelectric power plant Arkansas Electric Co-Operative at a cost of $39,623,000. Eby has several oother projects presently in the of these Martin K. Dallas/Ft. Worth area andwater ando wastewater projects such re major present prof as: Village Creek WWTP-City of $17,686,000 Ft. Worth Village Creek WWTP Sludge $14,829,000 handling Facility of Ft. worth) (City Village Creek-2 aeration basins, 3 final clari- fiers Phase 2B WWTP $12,840t000 [City of Ft. worth) Water Trmt. Plant for the City 5109354,000 of Midland improvements to City of $ 1,581,000 Dallas So. Side WWTP $12,400,000 ~i Spillway for the Cooper Lake plus many other major contracts. (See attached Exhibhe project The team who prepared the bid estimate was management team wro with sthe ite outlet I ions aandaythe Corpsaa condit are very personnel. Engineers' regulations and PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED City of Denton, Citizens, Electric Department Water and sewer costs. i k Hydro Project'. Construction Hid Page 3 q i FISCAL IMPACT The Lewisville and Ray Roberts estimated net annual generations are 13,054 MWH and 7,965 MWH respectively, and with the energy value escalation of 3.88%, the projects show positive cash flow in the first year of commercial operation. The projects' shRay own Rinethe attached the years2003pandf2006 o respectively as and Exhibits II and III. Respect ly submitted Lloyd V. Harrell City Manager i P pared by, Ernie B. ullos, P.E. Director of Electric Utilities i Approved b , R.E. Nelson, P.E. R~? Executive ive Director of Utilities Exhibit 1 Martin Eby Projects II Lewisville Pro Forma III Ray Roberts Pro Forma 4_24-90 IV Minutes from PUB Meeting of I 04300053 { i . i i e i .x to Z on a~ a s c> 0 K111 n ff i0 m rX"a nm ,ros 0 h flo o ~ R vp a g' n n n h 7 9 Z x 0 0 fdt T 0 7o p F^ z . r tJl a is m o n~ ~o CD pp y O a C O rMi L "3 K P• M" C. N A N U O OIli ITZ a 0 prp 'a Z K M G~ n 7 O W Oi m~ ~ . M ~ ~ a R ~ f y~ n y y n mi r m m F ft n r~ry~ v N Oyy ~D G ry o b m m m 'C7 V+ m N a pi m pr 0 aam V a M H M n n M ~ % M a rrt M , a pS K~ H ~O+ i P- F~ ~~7 sO g n7 "m 7C [+1 ~ mYn m ~m p"j 7 !~!N 70 0 r m m h n n ro ro ro ro a F~ ••°ooo gK R wmro ow" R W a a ro w W W O nn 0J Wt0" y 0 0 n o ~ m n m n r m donoa~ ~9' a "acn yg~sZ nv m rro ra m n ~'1 n i~~HnH ranCpa~ ..r~ ara~ c AG m G r0 MrV~nn CSC nrV. g a nIo r p e0+ o aK n~ nm a n" n IS $ c 0,0 P. M m a ro n< o K o m 0 ono M 0 r 0 :r t.- 0 9 na ; S! 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Q E o A x e ~ N w m N N P Y N N ~ ti td m Dl I^ m t ~ r ti n n o Z° G b~-"I ~i V. e a O µ a N m `m N o u o a v ~ d a a o a ~ a ~ ~ ~ I F f i S k O ~ N O s V n A Y 1 ~ rn a , 0° r5' rE ~ ~ 'i C 7S R ~ h , • ~ J m r 1 b f~'I O ~ar~ i6 y CIO) ~ B S P, i r ~ `W 'Np y u ^ s 4 rO O W s B ~y 6s ~ s m t , O ? 1-41 Q µ o ~ N ~ N y Ee a d I ~ r r Q ~ N V a P ~ IA it i i I i I 1 EXHIBIT II LEWISVILLE HYDROELECTRIC PROJECT PROFORMA NET ANNUAL GENERATION (MWH) 13,054 ENERGY VALUE (3/MWH) $49.25 CAPACITY (KW) 2,600 TOTAL COST $5,064,000 ANNUAL INTEREST RATE 7.5% I ENERGY ESCALATION 3.88% GROSS JPERATING NET REVENUE DEBT CASH REVENUE EXPENSES OF OPERATION REQUIREMENT FLOW YEAR (1000) (1000) (1000) (1000) (1000) 1991 820 88 732 454 278 1992 846 92 754 454 300 1993 873 96 777 454 323 1994 901 101 800 454 346 1995 930 105 826 454 371 1996 960 110 650 454 396 I 1997 992 116 877 454 423 j 1998 1,024 120 904 454 450 1 1999 1,058 126 933 454 479 2000 1,093 131 962 454 508 2001 1,130 137 993 454 539 2002 1,168 143 10025 454 671 2003 1,207 149 1,058 454 604 2004 1,248 156 1,092 454 638 1 2005 1,291 163 10128 454 674 2006 1,336 171 1,164 454 710 2007 1,381 178 1,203 454 749 2008 1,428 186 1,242 454 768 2009 1,478 195 1,283 454 829 2010 1,529 203 1,326 454 872 2011 1,583 213 11370 454 916 2012 11638 222 1,416 454 982 2013 1,696 232 1,454 4L4 1,010 2014 1,156 243 1,513 454 1,059 2015 1,818 253 19565 454 11111 2016 1,682 265 1,617 0 1,617 NOTES: 1. PROJECT PAYOFF IS YEAR 2003 FOR THE AMOUNT OF $5,558,000 APRIL 20, 1990 DISK 02 A:\PROFORMA\PUBPROF2 1 , zJ 11 1 t f { EXHIBIT III ! { RAY ROBERTS HYDROELECTRIC PROJECT PROFORMA 1 NET ANNUAL GENERATION (MWH) 7,965 1 ENERGY VALUE ($/MWH) $49.25 CAPACITY (KW) 1,000 TOTAL COST $3,834,000 ANNUAL INTEREST RATE 7.5% < ENERGY ESCALATION 3.86% I GPOSS OPERATING NET REVENUE DEBT CASH REVENUE EXPENSES OF OPERATION REQUIREMENT FLOW YEAR 11000) (.1000) (1000) (1000) (1000) 1991 517 43 474 344 130 1934, 533 44 489 344 136 1993 549 46 503 344 145 1994 566 49 517 344 154 1995 584 51 533 344 165 1996 602 63 549 344 171 1997 621 55 566 344 191 1998 641 58 583 344 209 1999 662 61 601 344 22 , 2000 683 63 620 344 249 2001 706 66 640 344 272 2002 729 C9 660 344 299 2003 753 72 681 344 329 2004 778 75 703 344 358 2005 804 79 725 344 381 l 2006 831 82 749 344 404 2007 859 86 773 344 426 2002 838 90 798 344 454 2009 918 04 824 344 480 2010 949 98 851 344 508 2011 982 103 879 344 535 :012 1,016 107 909 344 564 2013 1,051 112 939 344 595 2014 1,087 117 910 344 626 2015 1,125 122 1,003 344 659 2016 1,165 12, 1,037 0 1,031 NOTES: 1, PROJECT PAYOFF IS YEAR 2006 FOR THE A40JN1 OF $4,254,000 APRIL 20, 1990 DISK 02 A:\PROFORMA\PUOPPOF3 1i EXCERPT PUBLIC UTILITIES BOARD MINUTES April 24, 1990 3. CONSIDER APPROVAL OF THE BID FOR CONSTRUCTION OF THK LAKE LEWISVILLE AND LAKE RAY ROBERTS HYDROELECTRIC PROJECTS. Nelson opened discussion by reviewing bids received on the project. only one bi, was received which staff and the Engineers, Black 6 Veatch, consider to be a solid bid by a reputable contractor. Mr. John Stack and Mr. Robert Wood of Black and Veatch, Inc., were present at the meeting to update the Board. Black and Veatch explained that they felt it was unusual to receive only one bid on th3 project. They emphasized they had done an active job in trying to obtain qualified bidders for the project. They do recommend the bidder, Martin K. Eby Construction Company, for the following reasons: I a) Martin K. Eby Construction Company is a very reliable construction company and experienced with hydroelectric installations. They have completed several multi-million dollar installations in this area. b) Time is important to the City and rebidding the project would involve added expenses and time. c) Nelson and Black 6 Veatch visited with Mr. Eby last week and he was taking the position that he would not rebid the project. So if Denton entered into a rebidding process, it is felt they would not come out better and may lose the bid that they have. After checking with some of the anticipated bidders who did not bid, Black & Veatch found that the comparatively small size of the job influenced many of their decisions not to participate. Nelson then reviewed the costs, cash benefits and the fAct the projects continue to be economically feasible, ai,d advised that Staff recommends approval of the award cF subject bid to Martin K. Eby Construction Company in the amount of $4,271,600. Motion/Vote: Chew made a mucion to recommend to the City Council acceptance of the Martin K. Eby Construction Company bid in the amount of $4,271,600. Second by Thompson. All ayes, no nays, motion carried. r fF ICITYn~l~i~t I ail COUNCITa 1 M 17' I ~ Y r i f L f-. 1 V 1 L N y l + J + J pp'100a00Qpp~~ µ (~0 p f D E ~(,~~i' u O 10 J Jl ~ ~ V sr { JL ~l 1. h ~I 1 v ;P F R c 3 ; I~ ! DATE: MAY 15, 1990 CITY COUNCIL REPORT I TO: Mayor and Members of the City Council I FROM: Lloyd V. Harrell, City Manager i SUBJECT: CHANGE ORDER - P.O. #95617 - HATCH & KIRK - $13,148.00 i RECOMMENDATION: We recommend this Change Order to P.O. 495617 - Hatch and Kirk, in the amount of $13,148.88 be approved. This Change order is for additional parts for diesel repair which was approved by Council, March 13, 1990, Bid #1064, SUMMARY: This Change Order is being requested as any procedural expenditure over ten thousand dollars, however, early estimates show there will be a sufficient reduction in labor cost to bring the final cost for the diesel repair back to the original bid price. BACKGROUND: Memorandum of Jim Thune I i PROGRAMS, DEPARTMENT OR GROUPS AFFECTEDs Budgeted Accounts for Electric Production FISCAL IMPACT: Account #610-080-0251-8339 :*P= ed• Lloyd V. Harrell Prepared by: City Manager ~ c~ Name: Tom D. Shaw, V tle: Purchasing Agent I TDS/cj 029.DOC i I~. 2517L/1589 i t NO. - s CONTRACT THE EXECUTION OF A CHANGE ORDER TO A F DENTON AND HATCH & RIRR INC. J.' AN ORDINANCE AUTHORICITY BETWEEN THE PROVIDING FOR AN INCREASE IN THE CONTRA EFFECTIV£ DATE. 1999 , the City awarded a contract for AIR WHEREAS , to D-2 EMD DIESE on MARCII 13, m covements the construction o' terra n in the amount off- ' Manager having recommended to the Council with WHEREAS, the City authorized to amend sue hots r rbeing cial In that a change ordere band price and said Chang respect to the scoP uirements of Chapter 252 of the Lo compliance with NOW$ THEREFORE, Government Code; BE IT ORDAINED BY THE COUNCIL OF THE L Ito the contract between the That the change orde a copy of which ONE II'Nr£ SECTION 1. S City ana AND RIRK INC attached fa;eto, m e amounC o --DolTaCe T10USAND a ereby era or t eexpen Cure of funds t ~Ie 1 ere y approve an authorized. ordinance shall become effective I1. That this ordin imiaeSECTIO y upon its passage and approval. da Of 1990. PASSED AND APPROVED this the BOB 75TIFBERRY, MAYOR ATTEST: RA 11 ,)ENN~ IF~ER VA'T ER T APPROVED AS TO LEG FOM' DEBRA ADAMI DRAYOVITC11RCITY ATTORNEY By, F i ti J F t 5 I fS 4 i i T0: Denise Manning, Assistant Purchasing Agent Purchasing Department { FROM: Jim Thine, Superintendent Electric Production SUBJECT: Change Order to P.O. 956t7, 0-2 EMG diesel repair. le a aind servecesfrequiredctonoeerhaul unit is for additional material The request 13 for several items found to require sa rricing once the engine was disassembled. The items ir'.iude macnine work to the engine block, rebuilt harmonic cjler,reru ced pumps, gear bushings and additional gasleting not on the initial order. The total request is for W,143.35. The new total will be $111,897.20• Please contact me if you have any questions regarding this change order. a 3 111~►~ Jtm Thune CC: Ernie Tullos Bob Nelson s/NlTo kdu, i i E s ' !5 r TO.. Oenise Manning, Assistant Purchasing Agent Purchasing Oepartmant FROM Jim Thune, Superintendent Electric Production SAJECT; Chango Order to P.O. 95017, 0-2 EMO diesel repair. and serveicesferequieredctonovverhaul unitoD2addieseingeneratoral The request is for several items found to require servicing once the engine was disassembled. The items include machine work to the engine block, rebuilt harmonic oalancer, rebuilt pumps, gear bushings and additional gasketing nut referenced on the initial order. The total request is for 51~,1y9.39. The new total will be $111,997.26. Please contact me if you have any questions regarding this change order. j N~-~- I aim Thune --J CC: Ernie Tullos Bob Nelson k ,i i I CITY COUNCIL= a H + - 4y+ TTTT i. I 11 TTT i ~.,p004 ♦ ♦ ti j ~Op~ r CQ~~ L 11 a+.l~{1 1 + 4 + iu t LAN Gff CIS MVCALL, PARKHURST 6 NORTON 402 QNE iyvJFRNALK PLACE ,iOR?H HARNOOD 2950 ONE AMERICAN CENTkR Nl~y ni FLOOR SAN ANTONIO . TEXAS 7e205-3503 AUSTIN, TEXAS 707Oi 3234 t[a.+o+[ eltzo-te00 DALLAS. TEXAS 952016597 ~ttt}2D~~ [,ao.cwe eIt A'e]e G7 t• [cor• 'rn[°^"[ to ZlOttl09 i, r uaC pry 90 a!!-0ei ' May 9t 1990 1 I BY F DE I,_ E.2~~8F-~ Ms. Jennifer K. Walters City Secretary City of Denton 215 E. McKinney Street Denton, Texas 76201 RE: CITY OF DENTONg TEXAS PERSONAL PROPERTY FINANCE CONTRACTUAL OBLIGATIONS, SERIES 1950 i i Dear Jennifer: Encl opy of the bond ordinance osed please find a c stribution to the City Councilmembers for next Tueuday s council di i meeting. Very truly yours, McCAL4PARKNHURS HORTON BY. A. Leusc~ el JAL-am enclosure company cc: pirstasouthwest i Dallas, Texas ORDINANCE AUTHORIZING THE ISSUANCE OF PUBLIC MOPERTY FINANCE CONTRACTUAL OBLIGATIONS WHEREAS, the Public Property Finance Act, Section 271.001, et seq., Texas Local Government Code (the "Act") authorizes, among others, cities to execute, perform, and make payments under contracts with any person for the use, acquisition or purchase of personal property as described in the Act; and WHEREAS, the Act permits the governing body of a city to execute contracts in any form deemed appropriate by said governing body in connection with the use, acquisition or purchase of personal property; and I WHEREAS, the City Council of the City of Denton, Texas (the "Issuer") desires to acquire or purchase personal property, to- wit: police cars, a water and sewer flusher truck, solid waste compactors, loader and container trucks, street backhoes and an ambulance, or such other personal property, appliances, equipment, facilities, furnishings or interests, therein, whether movable or fixed, deemed by the City Council of the Issuer to be necessary, useful and/or appropriate for the purposes of the Issuer (the "Property"); and WHEREAS, the City Council of the Issuer deems it appropriate to adopt this ordinance and issue the "Contractual Obligations" herein authorized as permitted by the Act. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: Section 1. AMOUNT AND PURPOSE OF CONTRACTUAL OBLIGATIONS: That the said Issuer's Public Property Finance Contractual Obligations (hereinafter sometimes called "Contractual Obligations") are hereby authorized to be issued in the aggregate principal amount of $1,250,000, FOR THE PURPOSE OF PAYING ALL OR A PORTION OF THE ISSUER'S CONTRACTUAL OBLIGATIONS TO BE INCURRED IN CONNECTION WITH THE ACQUISITION OR PURCHASE OF PERSONAL PROPERTY, IN ACCORDANCE WITH THE PROVISIONS OF THE PUBLIC PROPERTY FINANCE ACT, SECTION 271.001, ET SEQ., TEXAS LOCAL GOVERNMENT CODE. Section 2. DESIGNATION. That said Contractual obligations shall be designated as the: CITY OF DENTON, TEXAS PUBLIC PROPERTY FINANCE CONTRACTUAL OBLIGATIONS, SERIES 1990. Section 3. DATE, DENOMINATIONS, NUMBERS, AND MATURITIES OF CONTRACTUAL OBLIGATIONS. That initially there shall be issued, sold, and delivered hereunder fully registered contractual obligations dated May 1, 1990, in the denomination of $5,000 or any integral multiple thereof, payable to the respective initial registered owners thereof (as designated in Section 19 hereof), or to the registered assignee or assignees of said contractual obliga- tions or any portion or portions thereof (in each case, the "registered owner"), shall be numbered consecutively from R-1 i y. r upward, and shall mature on the maturity date, in each of the 3 years, and in the amounts, respectively, as set forth in the following schedule: MATURITY DATE: JULY 1 YEARS OUN 1991 $400,000 1992 425,000 1993 425,000 The term "Contractual Obligations" as used in this Ordinance shall mean and include collectively the contractual obligations initially issued and delivered pursuant to this Ordinance and all substitute contractual obligations exchanged therefor, as well as all other substitute contractual obligations and replacement certificates issued pursuant hereto, and the term "Contractual Obligation" shall mean any of the Contractual obligations. Section 4. INTEREST. That the Contractual Obligations shall bear interest from the dates specified in the FORM OF CONTRACTUAL OBLIGATION set forth in this Ordinance to their maturities payable 4 January 1, 1991, and seiniannually thereafter on July 1 and January 1 of each year, at the following rates per annum: maturities 1991, $ maturities 1992, $ maturities 1993, $ said interest shall be payable in the manner provided in the FORM OF CONTRACTUAL OBLIGATION set forth in this Ordinance. Section 5. CHARACTERISTICS OF THE CONTRACTUAL OBLIGATIONS. I\ (a) lgaistrati0rA, Transfers Conversion and_Exchanuer Authentica- -J tion. That the Issuer shall keep or cause to be kept at the principal corporate trust office of NCNB Texas National Bank, Fort Worth, Texas (the "Paying Agent/Registrar") books or records for the registration of the transfer, conversion and exchange of the Contractual obligations (the "Registration Books"), and the Issuer hereby appoints the Paying Agent/Registrar as its registrar and transfer agent to keep such books or records and make such registrations of transfers, conversions and exchanges under such reasonable regulations as the Issuer and the Paying Agent/Registrar may prescriber and the Paying Agent/Registrar shall make such registrations, transfers, conversions and exchanges as herein provided. The Paying Agent/Registrar shall obtain and record in the Registration Books the address of the registered owner of each Contractual Obligation to which payments with respect to the Contractual Obligations ehall be mailed, as herein providedi but it shall be the duty of each registered owner to notify the Paying Agent/Registrar in writing of the address to which payments shall be mailed, and such interest payments shall not be mailed unless 2 I, i such notice has been given. The Issuer shall have the right to inspect the Registration Books during regular businESS hours of the Paying Agent/Registrar, but otherwise the Paying Agent/ Registrar shall keep the Registration Books confidential and, unless otherwise required by law, shall not permit their inspection by any other entity. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for making such registration, transfer, conversion, exchange and delivery of a substitute Contractual obligation or Contractual Obligations. Registration of assignments, transfers, conversions and exch.-.,ges of Contractual Obligations shall be made in the manner provided and with the effect stated in the FORM OF CONTRACTUAL OBLIGATION set forth in this Ordinance. Each substitute Contractual Obligation shall bear a letter and/or number to distinguish it from each other Contractual Obligation. Except as provided in section 5(c) of this Ordinance, an authorized representative of the Paying Agent/Registrar shall, before the delivery of any such Contractual Obligation, date and manually sign said Contractual obligation, and no such Contractual obligation shall be deemed to be issued or outstanding unless such Contractual obligation is so executed. The Paying Agent/Registrar promptly shall cancel all paid Contractual obligations surrendered for conversion and exch-inge. No additional ordinances, orders, or resolutions need be p ..sed or adopted by the Issuer or any other body or person so as co accomplish the foregoing conversion and exchange of any Contractual obligation or portion thereof, and the Paying Agent/Registrar shall provide for the printing, execution, ` and delivery of the substitute Contractual obligations in the manner prescribed herein, and said Contractual Obligations shall be of type composition printed on paper with lithographed or steel enraved directed by borders the sCity. Pursuant tohVernon sr Ann. Tex. Civ. ~St rArt. of customary and 717k-6, xh~ and ge particularly of Cont actual Section 6 the aforesaid conversion hereby imposed upon the Paying Agent/ Registrar, and, upon the execution of said Contractual obligations, be the validr,Ve incontetable, a C ntractu l obligations and enforceable in the same manner and with the same effect as the Contractual Obligations which initially were issued and delivered pursuant to this Ordinance, approved by the Attorney General, and registered by the Comptroller of Public Accounts. (b) Payment of Contractual Obligations and Interest. The Issuer hereby further appoints the Paying Agent/Registrar to act as the paying agent for paying the principal of and interest on the Contractual istrar obligations, haall as ll keep proper records of Ordinance. all n Paying Agent/Reg payments made by the Issuer and the Paying Agent/Registrar with respect to the Contractual obligations. (c) In-General. The Contractual obligations (i) shall be 3 i ii issued in fully registered form, without interest coupons, with the to be Qrincipal of and interest on such Contractua`iiblm$Y be redeemed payable only to the registered owners thereof, ran sfe prior their be codvertediandsexch nged may r of er Contractual assigned ed, , may ay shall be Obligationss, (v) shall have the characteri ii)s'thevprincipal of signed, sealed, executed and authenticated, and interest on the Contractual obligations shall be paraab and the (viii) shall be administered and the Paying Ag issuer shall have certain duties and responsibilities with respect to the Contractual obligations, all provdicatideded,0 ain theh FORM mannOF and to the effect as required The CONTRACTUAL OBLIGATION set forth in this Ordinance. pursuant to Contractual Obligations initially issued and delivered this Ordinance (to which Contractual Obligations is attached the Registration Certificate of the Comptroller of Public Accounts) are quired to be, and shall not be, authenticated by the Paying not re Agent/Registrar, but on each substitute Contractual Obligation issued in conversion of and exchange for any Contractual Obligation executed the r PAYthisINGOrdAGENT/inanceREGIthe or Contractual t'Registrar Obligations Agent/Reg AUTHE NTICATION CERTIFICATE, in the form set forth in the FORM OF CONTRACTUAL OBLIGATION. (d) statute Pavina Agent/Rearar. The Issuer covenants With the registered owners of the Ccntractual obligations that at all times while the Contractual Obligations are outstanding the nk, trust issuer will provide a competent and legally qualified ba company, financial institution, or other agency to act as and perform the services of Paying Agent/Regi ~rdar that the Contractual the Paying obligations under this Ordinance, Issuer reserves the right Agent/Registrar will be one entity. The to, and may, at its option, change the Paying Agent/ Registrar upon not less than 120 days written notice to the Paying Agent/Registrar, to be effective not later than 60 day prior to the next principal or interest payment dateimae t acting nasice. In the event that the entity at any Agent/Registrar (or its successor by merger, acquisition, or other method) should resign or otherwicease to se a acompetct as ,a d elegally covenants that promptly it qualified bank , trust company, financial institution, or other agency to act as Paying Agent/Registrar under tthis he Ordinance.PayUponng any change in the Paying Agent/Registrar, the Agent/Registrar promptly shall transfe along d withliver other all Registration Hooks (or a copy thereof), pertinent books and records relating to the Contractual obligations, to the new Paying Agent/Rechanger in sit he t Paying appointed by the Issuer. Upon any Agent/Registrar, the issuer promptly will Agent/Registrar cause a to otice thereof to be sent by the new Paying registered owner of the Certificate, by United States Mail, first- class postage prepaid, which notice also shall give the address of 4 i i i, i t i S the new Paying/Agent Registrar. By accepting the position and performing as such, each Paying Agent/Registrar shall be deemed to f have agreed to the provisions of this ordinance, and a certified copy of this Ordinance shall be delivered to each Paying Agent/Registrar. Section 6. FORM OF CONTRACTUAL OBLIGATIONS. The form of the Contractual Obligations, including the form of the Paying Agent/Registrar's Authentication certificate, the form of Assignment and the form of the Registration Certificate of the Comptroller of Public Accounts of the State of Texas to be attached to the Certificates initially issued and delivered pursuant to this ordinance, shall be, respectively, substantially as follows, with such appropriate variations, omissions, or insertions as are permitted or required by this ordinance. FORM OF CONTRACTUAL OBLIGATION NO. R- UNITED STATES OF AMERICA PRINCIPAL STATE OF TEXAS AMOUNT CITY OF DENTON, TEXAS $ PUBLIC PROPERTY FINANCE CONTRACTUAL OBLIGATION SERIES 1990 ORIGINAL INTEREST ISSUE DATE MATURITY DATE _ BATF_ CUSIP May 1, 1990 % THE CITY OF DENTON, TEXAS (the "Issuer"), hereby promises to pay to _ or the registered assignee hereof (either being hereinafter called the "registered owner") on the maturity date specified above, the principal amount of and to pay interest thereon from the original issue date specified above, on January 1, 1991 and on the first day of each July and January thereafter while this Contractual obligation is outstanding at the interest rate per annum specified above, except that if this Contractual obligation is required to be authenticated and the date of its authentication is later than January 1, 19910 such principal amount shall bear interest from the interest payment date next preceding the date of authentication, unless such date of authentication is after any Record Date (hereinafter defined) but on or before the next following interest payment date, in which case such principal amount shall bear interest from such next following interest payment date; provided, however, that if on the date of authentication hereof the interest on the Contractual obligation or Contractual Obligations, if any, for which this Contractual obligation is being exchanged or converted from is due but has not been paid, then this Contractual Obligation shall bear 5 i interest from the date to which such interest has been paid in full. IN CONSIDERATION of the registered owner's acceptance hereof, which acceptance shall constitute the registered owner's assent hereto and to the terms and conditions of the ordinance authorizing the issuance of this Contractual obligation (the "Ordinance"), the issuer hereby unilaterally contracts with such registered owner that it will utilize the net available proceeds of the Contractual obligations, after payment of the costs of issuance related thereto, to acquire or purchase personal property in accordance with the Ordinance and the Issuer's plan of acquisition therefor. THE PRINCIPAL OF AND INTEREST ON this Contractual obligation are payable in lawful money of the United States of A.:.arica, without exchange or collection charges. The principal of this Contractual Obligation shall be paid to the registered owner hereof upon presentation and surrender of this Contractual obligation at maturity at the principal corporate trust office of NCNB Texas National Bank, Fort Worth, Texas, which is the "Paying Agent/Registrar" for this Contractual obligation. The payment of interest on this Contractual Obligation shall be made by the Paying Agent/Registrar to the registered owner hereof as shown by the Registration Books kept by the Paying Agent/Registrar at the close 1 of business on the fifteenth day of the month next preceding such 1 payment date (the "Record Date") by check, drawn by the Paying Agent/Registrar on, and payable solely from, funds of the City required to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter provided; and such check or draft shall be sent by the Paying Agent/Registrar by United States Mail, first- class postage prepaid, on each such payment date, to the regis- tered owner hereof, at its address as it r,ppeared at the close of business on the Record Date on the Registration Books kept by the Paying Agent/Registrar, as hereinafter described. The Issuer covenants with the registered owner of this Contractual obligation that on or before each principal payment date and interest payment date for this Contractual obligation it will make available to the Paying Agent/Registrar, from the "Interest and Sinking Fund" created by the Ordinance, the amounts required to provide for the payment, in immediately available funds, of all principal of and interest on the Contractual Obligations, when due. In the event of a non-payment of interest on a scheduled payment date, and for 30 days thereafter, a new record date for such interest payment (a "Special Record Date") will be eutablished by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the Issuer. Notice of the Special Record Date and of the scheduled payment date of the past due interest ("Special Payment Date", which shall be 15 days after the Special Record Date) shall be sent at least five business days prior to the Special Record Date by United States mail, first-class postage prepaid, to the address of each registered owner appearing on the registration books of the Paying Agent/Registrar at the close of 6 I interest from the date to which such interest has been paid in full. IN CONSIDERATION of the registered owner's acceptance hereof, which acceptance shall constitute the registered owner's assent hereto and to the terms and conditions of the ordinance authorizing the issuance of this Contractual obligation (the "Ordinance"), the Issuer hereby unilaterally contracts with such registered owner that it will utilize the net available proceeds of the Contractual obligations, after payment of the costs of issuance relat,~h eand the purchase Issuer's personal plan of aquis ition accordance with the Ordinance therefor. THE PRINCIPAL OF AND INTEREST ON this Contractual Obligation are payable in lawful money of the United States of America, without exchange or collection charges. The principal of this contractual obligation shall be paid to the registered owner hereof upon presentation and surrender of this Contractual Obligation at maturity at the principal corporate trust office of NCNB Texas National Bank, Fort Worth, Texas, which is the "Paying Agent/Registrar" for this Contractual Obligation. The payment of interest on this Contractual obligation shall be made by the Paying j Agent/Registrar to the registered owner hereof as shown by the Registration Books kept by the Paying Agent/Registrar at the close of business on the fifteenth day of the month next preceding such payment date (the "Record Date") by check drawn by the Paying Agent/Registrar on, and payable solely from, funds of the City required to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter provided; and such check or draft shall be sent by the Paying Agent/Registrar by United States Mail, first- class postage prepaid, on each such payment date, to the regis- tered owner hereof, at its address as it appeared at the close of business on the Record Date on the Registration Books kept by the (~J Paying Agent/Registrar, as hereinafter described. The Issuer covenants with the registered owner of this Contractual Obligation that on or before each principal payment date and interest payment date for this Contractual obligation it will make available to the Paying Agent/Registrar, from the "Interest and Sinking Fund" created by the ordinance, the amounts required to provide for the payment, in immediately available funds, of all principal of and interest on the contractual obligations, when due. In the event of a non-payment of interest on a scheduled payment date, and for IO days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the Issuer. Notice of the Special Record Date and of the scheduled payment date of the past due interest ("Special Payment Date", which shall be 15 days after the Special Record Date) shall be sent at least five business days prior to the special Record Date by United States mail, first-class postage e prepaid, to the address of each registered r appearing o registration books of the Paying Agent/Registrar at the close of 6 1 business on the last business day next preceding the date of mailing of such notice. IF THE DATE for the payment of the principal of or interest on this Contractual obligation shall he a Saturday, Sunday, a legal holiday, or a day on which banking institutions in the city where the principal corporate trust office of the Paying Agent/Registrar is located are authorized by law or executive order to close, or the United States Postal Service is not open for business, then the date for such payment shall be the next succeedi,g day which is not such a Saturday, Sunday, legal holiday, or day on which banking institutions are authorized to close, or the United States Postal Service is not open for business; and payment on such date shall have the same force and effect as if made on the original date payment was due. THIS CONTRACTUAL OBLIGATION is one of a Series of PUBLIC PROPERTY FINANCE CONTRACTUAL OBLIGATIONS dated as of May 1, 19900 authorized in accordance with the Constitution and laws of the State of Texas in the principal amount of $1,250,000, FOR THE V PURPOSE OF PAYING ALL OR A PORTION OF THE ISSUER'S CONTRACTUAL OBLIGATIONS TO BE INCURRED IN CONNECTION WITH THE ACQUISITION OR PURCHASE OF PERSONAL PROPERTY, IN ACCORDANCE WITH THE PROVISIONS OF THE PUBLIC PROPERTY FINANCE ACT, SECTION 271.001, ET SEQ., TEXAS LOCAL GOVERNMENT CODE. THIS CONTRACTUAL OBLIGATION OR ANY PORTION OR PORTIONS HEREOF IN ANY INTEGRAL MULTIPLE OF $5,000 may be assigned and shall be transferred only in the Registration Books kept by the Paying Agent/Registrar acting in the capacity of registrar for the Contractual Obligations, upon the terms and conditions set forth herein and in the Ordinance. This Contractual obligation may only be assigned and transferred upon presentation and surrender to the Paying Agent/Registrar for transfer of registration and cancellation, together with proper instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar, evidencing assignment of this Contractual obliga- tion or any portion or portions hereof to the assignee or assignees in whvae name or names this Contractual Obligation or any such portion or portions hereof is or are to be transferred and registered. The form of Assignment printed or endorsed on this Contractual obligation shall be executed by the registered owner, or its duly authorized attorney or representative, and shall conclusively evidence the assignment hereof. Upon surrender of this Contractual Obligation or any portion or portions hereof for transfer of registration, an authorized representative of the Paying Agent/Registrar shall make such transfer in the Registration Books, and shall deliver a new Contractual obligation or Contrac- tual obligations payable to such assignee or assignees, or to the registered owner hereof in the case of the assignment and transfer of only a portion of this Contractual obligation, in exchange for this Contractual Obligation, all in the form and manner as provided 7 n1 1 I l in the next paragraph hereof for the conversion and exchange of Contractual Obligations. The registered owner of this Contractual obligation shall be deemed and treated by the Issuer and the Paying Agent/Registrar as the absolute owner hereof for all purposes, including payment and discharge of liability upon this Contractual obligation to the extent of such payment, and the Issuer and the Paying Agent/Registrar shall not be affected by any notice to the contrary. ALL, CONTRACTUAL OBLIGATIONS OF' THIS SERIES issued as a result of a transfer, conversion or exchange are issuable solely as fully registered certificates, without interest coupons, in the denomination of any integral multiple of $5,000. In accordance with the form and procedures set forth in the Ordinance, this Contractual obligation, or any unpaid portion hereof, may, at the written request of the registered owner or the assignee or assignees hereof, or its or their duly authorized attorneys or representatives, with guarantee of signatures satisfactory to the Paying Agent/Registrar, be converted into and exchanged for a Contractual Obligation or Contractual obligations of like aggregate principal amount, payable to the appropriate registered owner, assignee, or assignees, as the case may be, having the same due dates, and bearing interest at the same rate, in any denomination or denominations in any integral multiple of $5,000 as requested, upon surrender of this Contractual Obligation to the Paying Agent/Registrar at its principal corporate trust office for cancellation. The one requesting a transfer, conversion, or exchange shall pay any taxes or governmental charges required to be paid with respect thereto as a condition precedent to the exercise of such privilege of transfer, conversion or exchange. The Paying Agent/Registrar shall not be required to make any such transfer, conversion, or exchange during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date. IN THE EVENT any Paying Agent/Registrar for the Contractual obligations is changed by the Issuer, resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Ordinance that it promptly will appoint a competent and legally qualified substitute therefor, and cause written notice thereof to be mailed to the registered owners of the Contractual Obligations. IT IS HEREBY certified, recited and covenanted that this Contractual Obligation has been duly and validly authorized, issued, and delivered; that all acts, conditions, and things required or proper to be performed, exist, and be done precedent to or in the authorization, issuance, and delivery of this Contractual Obligation have been performed, existed, and been done in accordance with laws that this Contractual Obligation is a general obligation of the Issuer, issued on the full faith and credit thereof; and that annual ad valorem taxes sufficient to 8 ti s r 1 s { i r i 4 i provide for the payment of the interest on and principal of this Contractual Obligation, as such interest comes due and such s ` principal matures, have been levied and ordered to be levied F against all taxable property in the Issuer, and have pledged for such payment, within the limit prescribed by law. i BY THE ACCEPTANCE of this Contractual Obligation, the registered owner assents to the terms and provisions of the Ordinance, a copy of which is on file in the official records of the Issuer, and the Contractual Obligation, agrees to be bound by ` such terms and provisions, and agrees that the terms and provisions of this Contractual Obligation and the Ordinance constitute a contract between each registered owner hereof and the Issuer. IN WITNESS WHEREOF, the Issuer has caused this Contractual Obligation to be signed with the manual or facsimile signature of the Mayor of the Issuer and countersigned with the manual or facsimile signature of the City Secretary of the Issuer, and has caused the official seal of the Issuer to be duly impressed, or placed in facsimile, on this Contractual Obligation. I (pignatur-el_ Isnature) 1 City Secretary Mayor I (SEAL) i I i 9 t i 'i i f i i FORM OF PAYING AGENT/REG15TRA_R'S AUTHENTICATION CERTIFICATE PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE (To be executed if this Contractual Obligation is not accompanied by an executed Registration Certificate of the Comptroller of Public Accounts of the State of Texas) i it is hereby certified that this Contractual obligation has been issued under the provisions of the Ordinance described on the face of this Contractual Obligation; and that this Contractual Obligation has been issued in conversion or replacement of, or in exchange for, a contractual obligation, contractual obligations, or a portion of a contractual obligation or contractual obligations of a Series which originally was approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas. Dated: i Paying Agent/Registrar i i ; By Authorized Representative it I II I 10 yy J S ~ F ~ i I 4 i FO~L4F ASSIGNMENT: ASSIGNMENT FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto Please insert Social Security or Taxpayer Identification Number of Transferee (Please print or typewrite name and address, including zip code of Transferee) the within Contractual obligation and all rights thereunder, and hereby irrevocably constitutes and appoints i i attorney to register the transfer of the within Contractual obligation on the books kept for registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed: NOTICE: S gnature(s) must NOTICE: The signature above be guaranteed by a member must correspond with the firm of the New York Stoc name of the Registered Owner Exchange or a commercial as it appears upon the front bank or trust company. of this Contractual Obligation in every particular, without alteration or enlargement or any change whatsoever. 11 i t t FORM OF REGISTRATION CERTIFICATE OF THE COMPTROLLER OF PUBLIC ACCOUNTS: COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO. I hereby certify that this Contractual Obligation has been examined, certified as to validity, and approved by the Attorney General of the State of Texas, and that this Contractual obligation has been registered by the Comptroller of Public Accounts of the State of Texas. Witness my signature and seal this Comptroller of Public Accounts of the State of Texas I (COMPTROLLER'S SEAL) Section 7. DEFINITIONS. That the terms defined in this Section for all purposes of this ordinance, except where the context by clear implication shall otherwise require, shall have the respective meanings as follows, to-wit: (a) The term "Code" shall mean the Internal Revenue Code of 1986, as amended. (b) The terms "Contractual Obligation", "Contractual obligations" shall mean the Public Property Finance Contractual Obligations, Series 1990 authorized to be issued and delivered by this Ordinance. (c) The term "Paying Agent/Registrar" shall mean initially NCNB Texas National Bank, Fort Worth, Texas or any successor named by the issuer in accordance with the provisions of section 5 of this ordinance. Section 8. INTEREST AND SINKING FUND. The City c:f Denton, Texas, Series 1990 Contractual Obligation Interest and Sinking Fund, hereinafter called the "interest and Sinking Fund" is hereby authorized and shall be established and maintained in a depository bank of the Issuer, so long as the Contractual Obligations, or interest thereon, are outstanding and unpaid. Section 9. USE OF INTEREST AND SINKING FUND. On or before -the 25th day of December, 1990, and on or before the 25th day of 4aach June and December thereafter so long as any of the Contractual Obligations remain outstanding, there shall be deposited in the Interest and Sinking Fund an amount, together with other amounts 12 t { in the Interest and Sinking Fund, not less than the amount of the installment of principal and interest coming due on the Contractual Obligations on the next succeeding payment date. The Interest and Sinking Fund shall be used to pay the principal of and interest on the Contractual obligations as such principal and interest come due. Section 10, TAX LEVY. All ad valorem taxes levied and collected for and on account of said Contractual obligations shall be deposited, as collected, to the credit of the Interest and Sinking Fund. During each year while any of said Contractual obligations are outstanding and unpaid, the City Council of said Issuer shall compute and ascertain a rate and amount of ad valorem tax which will be sufficient to raise and produce the money required to pay the interest on said Contractual obligations as such interest comes due, and to provide and maintain a sinking fund adequate to pay the principal of such Contractual Obligations as such principal matures (but never less than 2% of the original principal amount of said Contractual obligations as a sinking fund each year); and said tax shall be based on the latest approved tax rolls of said Issuer, with full allcwance being made for tax delin- quencies and the cost of tax collection. Said rate and amount of ad valorem tax is hereby levied, and is hereby ordered to be levied, against all taxable property in said Issuer for each year while any of said Contractual obligations are outstanding and l unpaid; and said tax shall be assessed and collected each such year and deposited to the credit of the aforesaid Interest and Sinking Fund. Said ad valorem taxes sufficient to provide for the payment of the interest on and pr)ncipal of said Contractual obligations, as such interest comes due and such principal matures, are hereby pledged for such payment, within the limit prescribed by law. Section 11. SECURITY FOR FUNDS. All Funds created by this ordinance shall be secured in the manner and to the fullest extent permitted or required by law for the security of public funds, and such Funds shall be used only for the purposes and in the manner permitted or required by this ordinance. ContractualnOb12. ligation AandCtheFinterestTthereon OBLIGATIONS. Nbe deemed Any be paid, riatired, and no longer outstanding (a 19Defeased Contractual Obligation") within the meaning of this ordinance, except to the extent provided in subsection (d) of this Section 12, when payment of the principal of such Contractual Obligation, plus interest thereon to the due date (whether such due date be by reason of maturity or otherwise) either (i) shall have been made or caused to be made in accordance with the terms thereof, or (ii) shall have been provided for on or before such due date by irrevo- cably depositing with or malting available to the Paying Agent/Registrar for such paymew; (1) lawful money of the United States of America sufficient to make such payment or (2) Government Obligations which mature as to principal and interest in such 13 I i f r amounts and at such tines as will insure the availabilitye without reinvestment, or sufficient money to provide for such payment, when proper arrangements have been made by the issuer with the Paying Agent/Registrar for the payment of its services until all Defeased Contractual Obligations shall have become due and payable. At such time as a Contractual obligation shall be deemed to be a Defeased Contractual obligation hereunder, as aforesaid, such onge r be Contractual Obligation to ther the benefits) of, the ad from,1 oreentitledinterest secured by, p Ya and s valorem taxes herein levied as provided eis lely0fromasuch moneyuor principal and interest shall be p Y Government obligations. (b) Any moneys so deposited with the Paying Agent/Registrar may at the written direction of the Issuer alsosb in times as Government Obligations, maturing the amount and hereinbefore set forth, and all income /Regom such Go er ment Obligations received by the Paying Agent/Registrar required for the payment of the Contractual Obligations and interest thereon, with respect to which such money has been so deposited, shall be turned over to the Issuer, or deposited as directed in writing by the (c) The term "Government Obligations" as used in this section 120 shall mean direct obligations the principal ofe ndiinterest onfwhichiare including unconditionally guaranteed by the United States of America, which Series, which mobl ayibo innbook-entry formStato and LocaleGove nm nttate (d) Until all Defeased Contractual obligations shall have become due and payable, the Paying Agent/Registrar shall perform the services of Paying Agent/Registrar for such Defeased Contractual Obligations the same as if they had not been defeased, o provide and pay and the as required by this ordinance. services shall for such Issuer Section 19. DAMAGED, MUTILATED, LAST, STOLEN, OR DESTROYED ..,,r ron ractual_4~1i9~1~CONTRACTUAL OBLIGATIONS. (a) RptC@m in the event any outstanding Contractual obligation is damaged, rar destroyed, ands de)ivcred, a tnew mutilated, lost, stolen, or shall cause to be printed, contractual obligation of the same principal amount, mastoltn, aor interest rate, as the damaged, mutin ated,lacement folr such destroyed Contractual Obligation, p Contractual obligation in the manner hereinafter provided. (b) io,,~ ADDliOa io or Rep~A[ nmgnt st, Application for replacement of damaged, mutilated, lost, or destroyed Contractual obligations sshAll be made iby the every registered owner thereof to the Paying Agent/Registrar. case of loss, theft, ,r destruction of a Contractual Obligation, 14 f i k the registered owner applying for a replacement contractual obligation shall furnish `o the Issuer and to the Paying Agent/Registrar such security or indemnity as may be required by them to save each of them harmless from any loss or damage with respect thereto. Also, in every case of loss, theft, or destruction of a Issuer, the registered owner shall furnish to the Issuer and to the Paying Agent/Registrar evidence to their satisfaction of the loss, theft, or destruction of such Contractual obligation, as the case may be. In every case of damage or mutilation of a Contractual Obligation, the registered cwi,?•- shall surrender to the Paying Agent/Registrar for cancellation the Contractual obligation so damaged or mutilated. (c) j pgfault Occurred. Notwithstanding the foregoing provisions of this Section 13, in the event any such Contractual obligation shall have matured, and no default has occurred which is then continuing in the payment of the principal of, redemption premium, if any, or interest on this Contractual Obligation, the Issuer may authorize the payment of the same (without surrender thereof except in the case of a damaged or mutilated Contractual Obligation) instead of issuing a replacement contractual obligation, provided security or indemnity is furnished as above provided in this Section 13. (d) Charge for Issuing Replacement Contractual Obligations. Prior to the issuance of any replacement contractual obligation, the Paying Agent/Registrar shall charge the registered owner of such Contractual Obligation with all legal, printing, and other expenses in connection therewith. Every replacement contractual obligation issued pursuant to the provisions of this Section 13 by virtue of the fact that any Contractual obligation is lost, stolen, or destroyed shall constitute an obligation of the Issuer whether or not the lost, stolen, or destroyed Contractual Obligation shall be found at any time, or be enforceable by anyone, and shall he entitled to all the benefits of this ordinance equally and proportionately with any and all other Contractual Obligations duly issued under this ordinance. (e) Authority for Issuing Replacement Contractual w.1gw p.g. In accordance with Section 6 of Vernon's Ann. Tex. Civ. St. Art. 717k-60 this Section 13 of this Ordinance shall con- stitute authority for the issuance of any such replacement certificate without necessity of further action by the Issuer or any other body or person, and the duty of the replacement of such contractual obligations is hereby authorized and imposed upon the Paying Agent/Registrar, and the Paying Agent/Registrar shall authenticate and deliver such Contractual obligations in the form and manner and with the effect, as provided in Section 5(a) of this ordinance for Contractual obligations issued in conversion and ex- change of other Contractual obligations. 15 if f 1 t I Section 14. CUSTODY, APPROVAL, AND REGISTRATION OF CONTCTU uthor! ed to haveAcontrol of the Contractual Obligationsiinitially all necessar records and a ins g to hereunder and issued and delivered the Contra tual Obligations pending their proceedings pe investigation, examination, and approval by the delivery and their Upon Puthe blic a Acce of ounts the State their of registration Attorney th the Comptroller l of of registration of the C'desiicated in writing Comptroller lact o for Public i Accounts (or a deputy the comptroller's Registration Comptroller) shall manually sign i Certificate attached to such Contractual Obloin, facsimileSeon of said comptroller shall be impressed, or placed such certificate. Section 15. CONTRACTUAL UNDERTAKING WITH REGISTERED OWNER. The Issuer hereby contractually obligates and commits itself to utili the net roceeds available from the issuance Obligations, after payment of costs and issuance of related thereto, for the acquisition or purchase of the Property in accordance with this ordinance and the Issuer's plan of acquisition therefor. Section 16. REMEDIES IN EVENT OF DEFAULT. In addition to all of the rights and remedies provided by the laws of the State of he ev ent of fault Texas, the Issuer incipaltor and interest ton tarry tof the Contractual principal in payment of obligations rwhen due, or in equired to be made intohtheeInterest andlSinking aFundtor payments requ formance of any other of the defaults in the observance of per contracts, covenants) conditions or rdinance or in the Contractual Obligationst the following remedies o shall be available: (a) the registered owners shall be entitled to a writ of mandamus issued by a court of competent jurisdiction compelling and requiring the Issuer and the officials thereof to observe and perform the obligations or conditions prescribed nin athis ordinancef and (b) any delay or omission to exercise any right or power accruing upon any default shall not impair any such right or power nor be construed to be a waiver of any such default or acquiescence therein, and every such right and may power be deemed expedient from time to time and as often as Section 17. COVENANTS REGARDING TAX EXEMPTION OF INTEREST ON take to asTsure,OBLIGATIONS. from hany action whichnwould ad ersely THE CONTR action affect, the treatment of the Contractual Obligations as obligations 16 3 S i ~I described in section 103 of the Code, the interest on which is not includable in the "gross income" of the holder for purposes of federal income taxation. In furtherance thereof, the Issuer covenants as follows: (a) to take any action to assure that no more than ten percent of the proceeds of the Contractual Obligations (less amounts deposited to a reserve fund, if any) are used for any "private business use", as defined in section 141(b) (6) of the Code or, if more than ten percent of the proceeds are so used, that amounts, whether received by the Issuer, with respect to such private business use, do not, under the terms of this order or any underlying arrangement, directly or indirectly, secure or provide for the payment of more than ten percent of the debt service on the Contractual obligations, in contraven- tion of section 141(b)(2) of the codes (b) to take any action to assure that in the event that the "private business use" described in subsection (a) hereof exceeds five percent of the proceeds of the Contractual obligations (less amounts deposited into a reserve fund, if any) then the amount in excess of five percent is used for a "private business use" whi.:h is "related" and not "disproportionate", within the meaning of section 141(b)(3) of the Code, to the governmental use; (c) to take any action to assure that no amount which is greater than the lesser of $5,000,000, or five percent of the proceeds of the Contractual obligations (less amounts de- posited into a reserve fund, if any) is directly or indirectly used to finance loans to persons, other than state or local governmental units, in contravention of section 141(c) of the Code; (d) to refrain from taking any action which would otherwise result in the Contractual Obligations being treated as "private activity bonds', within the meaning of section 141(b) of the Code; (e) to refrain from taking any action that would result in the Contractual Obligations being "federally guaranteed" within the meaning of section 149(b) of the Code; (f) to refrain from using any portion of the proceeds of the Contractual Obligations, directly or indirectly, to acquire or to replace funds which were used, directly or indi- rectly, to acquire investment property (as defined in section 148(b)(2) of the Code) which produces a materially higher yield over the term of the Contractual obligations, other than investment property acquired with 17 i E Ii ;i t (1) proceeds of tho ^ontractual obligations i invested for a reasonable tempo, ry period of three years or less until such proceeds are needed for the purpose for which the bonds are issued, (2) amounts invested in a bona fide debt service fund, within the meaning of section 1.103-13(b)(12) of the Treasury Regulations, and (3) amounts deposited in any reasonably required reserve or replacement fund to the extent such amounts do not exceed ten percent of the proceeds of the Contractual Obligations; (g) to otherwise restrict the use of the proceeds of the Contractual Obligations or amounts treated as proceeds of the Contractual obligations, as may be necessary, so that the Contractual Obligations do not otherwise contravene the requirements of section 148 of the Code (relating to arbitrage) and, to the extent applicable, section 149(d) of the Code (relating to advance refundings); (h) to pay to the United States of America at least once during each five-year period (beginning on the date of delivery of the Contractual Obligations) an amount that is at least equal to 90 percent of the "Excess Earnings", within the meaning of section 148(f) of the Code and to pay to the United States of America, not later than 60 days after the Contractual Obligations have been paid in full, 100 percent of the amount then required to be paid as a result of Excess Earnings under section 148(f) of the Code; and (i) to maintain such records as will enable the Issuer to fulfill its responsibilities hereunder and nder section 148 of the code and to retain such records for at laast six years following the final payment of principal and interest on the Contractual Obligations. It is the understanding of the Issuer that the covenants contained herein are intended to assure compliance with the Code and any regulations or rulings promulgated by the U.S. Depart,nent of the Treasury pursuant theroto. In the event that nulations or rulings are hereafter promulgated which modify or e~, )a, provisions of the Code, as applicable to the Contractual 1)1;lic,ations, the Issuer will not be required to comply with any cov riant contained in the herein opiniontoftnationally-recognized bond counsel, rwilel}n to adversely affect the exemption from federal income taxation of interest on the Contractual obligations under section 103 of the Code. In the event that regulations or rulings are hereafter promulgated which impose additional requirements which are applicable to the Contractual Obligation3, the Issuer agrees to comply with the 18 I I t additional requirements to the extent necessary, in the opinion of nationally-recognized bond counsel, to preserve the exemption from federal income taxation of interest on the Contractual Obligations under Director of3 Fiof the nance are hereby additions Ctoy execute and the any instruments with regard to matters concerning the tax-exempt status of the Contractual Obligations. Section 18. DESIGNATION AS QUALIFIED TAX-EXEMPT BONDS. The Issuer hereby designates the Contractual obligations as "qualified tax-exempt bonds" as defined in section 265(b) j3) of the Code. In furtherance of such designation, th e Issuer represents, covenants and warrants the following: (a) during the calendar { which the Contractual Obligations are issued, the Issuer (in- cluding any subordinate entities) has not designated nor will designate bonds, which when aggregated with the Contractual Obligations, will result in more than $10,000,000 of "qualified tax-exempt bonds" being issuedl (b) that the Issuer reasonably anticipates that the amount of tax-exempt obligations issued during the calendar year in which the Contractual Obligation3 are issued, by the Issuer (or any subordinate entities) will not exceed $10,000,0001 and, (c) that the Issuer will take such action or refrain from such action as necessary, and as more particularly set forth in Section 10 of this ordinance, in order that the Contractual Obligations will not be considered "private activity bonds" within the meaning of section 142 of the Code. Section 19. SALE OF CONTRACTUAL OBLIGATIONS AND AUTHORIZATION OF AN ESCROW AGREEMENT. That said Contractual Obligations are hereby sold and shall be delivered to for the par value thereof and any accrued interest to date of delivery, and any such accrued interest shall be deposited into the Interest and Sinking Fund. The official Statement, the Notice of Sale and Bidding Instructions and the Official Bid Form prepared in connection with the sale of the Contractual obligations, as attached hereto, each are hereby approved. The Contractual obligations initially shall be registered in the name of . As Escrow Agreement substantially in the form attached hereto, between Texthe as, I issuerhereand by approved, and shall be executed by the City Manager and City Secretary of the Issuer, on behalf of the City Council of Denton, and the proceeds from the sale of the Contractual obligations shall be deposited in the Contractual Obligation Escrow Fund established pursuant to the Escrow Agreement. Section 20. EMERGENCY. That is hereby officially found and determined and declared: that a case of emergency or urgent public at which ordinance exists is which holding n meeting passed, such emergency o urget public necessity this necessity being that the proceeds from the sale of said Contractual obligations aro required as soon as possible and without delay for 19 necessary and urgently needed public improvements; and that said 4 meeting was open to the public, and public notice of the time, place, and purpose of said meeting was given, all as required by Vernon's Ann. Civ. St. Article 6252-17. Section 21. EFFECTIVE DATE. That this Ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained. i PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF DENTON, F TEXAS, this 15th day of May, 19900 at which meeting a quorum was present. Mayor, _ City of Denton, Texas ATTEST i 4 City Secretary, - City of Denton, Texas I ~ j 20 i f } k w, h kt I I CERTIFICATE I, the undersigned, City Secretary of the City of Denton, Texas, iereby certify that the above and foregoing is a true, full and correct copy of the opinion of McCall, Parkhurst 6 Horton, ? Attornels at Law, as to the validity and security of the obligations described therein, which opinion was dated and delivered concurrently with the original delivery of said contractual obligations, fao sia, t + City Secretary I t I t a ( ESCROW AGREEMENT THIS ESCROW AGREEMENT, dated as of May 15, 1990 (herein together with any amendments or supplements hereto, called the "Agreement") is entered into by and between the City of Denton, Texas (herein called the "Issuer") and NCNB Texas National Bank, as escrow agent (herein, together with any successor in such capacity, called the "Escrow Agent"). The addresses of the Issuer and the Escrow Agent are shown on Attachment "All attached hereto and made a part hereof. W I T N E S S E T H: WHEREAS, the Public Property Finance Act, Section 271.001, et seq., Texas Local Govbrnment Code (the "Act") authorizes the Issuer to execute, perform, and make payments under contracts with any person for the use, acquisition or purchase of personal property as described in the Act; and WHEREAS, the Act permits the governing body of the Issuer to execute contracts in any form deemed appropriate by said yoverning body in connection with the use, acquisition or purchase of personal property; and WHEREAS, the governing body of the Issuer desires to acquire or purchase personal property, to-wit, police cars, a water and sewer flusher truck, solid waste compactors, loader and container J trucks, street backhoes and an ambulance, or such other personal 1 property, appliances, equipment, facilities, furnishings or interests therein, whether movable or fixed, deemed by the governing body of the Issuer to be necessary, useful and/or appropriate for the purposes of the Issuer (the "Property"); and WHEREAS, the governing body of the Issuer has adopted an ordinance (the "Ordinance") authorizing the issuance, sale and delivery of $1,250,000 of City of Denton, Texas Public Property Finance Contractual Obligations, Series 1990 (the "Contractual Obligations"); and WHEREAS, the Ordinance authorized the execution of an Escrow Agreement in substantially the form hereof and the deposit of the proceeds of the sale of the Contractual Obligations in the Escrow Fund (hereinafter defined); and WHEREAS, the Escrow Agent is a party to this Agreement to acknowledge its acceptance of the terms and provisions hereof. NOW, THEREFORE, in consideration of the mutual undertakings, promises and agreements herein contained and in consideration of Ten Dollars ($10,00) duly paid by the Issuer to the Escrow Agent concurrently htrewith, the receipt of which is hereby acknowledged, I ~ I acquisition and purchase provide a so ing the costs of i of the Property of and paying costa of issuance of the Cndertak undertake, Ob'.ligations, the Issuer and the Escrow Agent mutually and their respective prc+;nise, and agree for themselves representatives and successors, as follows: i ARTICLE I pfiTIITt„ ONS A iFp_ jUT.Fu HWATIM Unless 1.01. nnfi_-,_.___itions. the context clearly the following terms shall have the meanings indicates otherwise, are used in this Agreement: assigned to them below when they v " shall mean with s respect to party , p „ ywnrllbd Represenra e issuer, the City Manager, Director of Finanof the Issuer. hereafter designated by the governing body s A to be E~++ means the fund created by thirovisionsnof this administered by the Escrow Agent pursuant to the P Agreement, ?*pa Investmentso shall mean all forms of investment the investment of the general funds of then authorized by law Tot the Issuer. kg.M The terms "Agreement"? SECTION 1.02.E T "ordinance" „ n Escrow Agent" ' 'B °ntractual Obligations have I Issuer , "Escrow are used in this lAgTeeme ",nt, shall and "Property , when they the meanings assigned to them in the preambe to this Agreement. SECTION 1.07. '•~arnretRtioi~1. The titles and headings of pafor rt the articles and sections of thasrtd areenotttoabe consideredinserted restrict the terms convenience and reference only way modify to hereof and shall not in any es sot forth ,,it and a,, the strued to oeffectuat sthedpurrpviose se hereof hereof. This Agreelftel con shall be liberally purpose of providing for the property and the payment of herein and to achieve theOfintde costs of is or purchase the acquisition costs of issuance with respect to the Contractual Obligations' ARTICLE II nrNW OF F 20 Concurrently with ha Fsarow und_. SECTION 2.01. pMosUa the sale and delivery of the Contractual Obl the rv igations the nt,sfor with shall deposit, or cause to be depossi proceeds of the sale of the rued deposit in the Escrow Fund, the Contractual Obligations other than proceeds 2 I i 1 I I l 1 interest, if any, which is to be deposited to the Interest and Sinking Fund established by the ordinance, and the Escrow Agent shall, upon the receipt thereof, acknowledge such receipt to the Issuer in writing. ARTICLE III CREATION AND OPERATION OF ESCROW FUNp SECTION 3.01. Escrg_£und. The Escrow Agent has created on its books a special trust fund and irrevocable escrow to be known as the Series 1990 Contractual obligations Escrow Fund (the "Escrow Fund") The Escrow Agent hereby agrees that upon receipt thereof it will deposit to the credit of the Escrow Fund the funds described in Section 2.01 hereof. Such deposit, all proceeds therefrom, and all cash balances from time to time on deposit therein (a) shall be the property of the Escrow Fund, and (b) shall be applied only in strict conformity with the terms and conditions of this Agreement. SECTION 3.02. Trust und. The Escrow Agent shall hold at all times the Escrow Fund and all assets of the Escrow Fund, wholly segregated from all other funds and securities on deposit with the Escrow Agent; it shall never allow any other assets of the Escrow Fund to be commingled with any other funds or securities of the Escrow Agent; and it shall hold and dispose of the assets of the Escrow Fund only as set forth herein. The assets of the Escrow Fund shall always be maintained by the Escror Agent as trust funds and a special account thereof shall at all times be maintained on the books of the Escrow Agent. The amounts received by the Escrow Agent under this Agreement shall not be considered as a banking deposit by the Issuer, and the Escrow Agent shall have no right to title with respect thereto except as a constructive trustee and Escrow Agent under the terms of this Agreement. The amounts received by the Escrow Agent under this Agreement shall not be subject to warrants, drafts or checks drawn by the Issuer but shall be disbursed or withdrawn, in connection with the costs paid or incurred by the Issuer with respect to the use, acquisition or purchase of Property, solely upon the receipt of written direction from an Authorized Representative in the form of the "Payment Request Form" attached hereto as Attachment B. The Escrow Agont shall retain on file copies of each Payment Request Form. SECTION 3.03. Moneys 6ecured. All moneys deposited with the Escrow Agent and not invested in securities by the Escrow Agent pursuant to the provisions hereof or to the extent not insured by the Federal Deposit Insurance Corporation or other federal agency, shall continuously be secured, for the benefit of Issuer and the holders of the Bonds, to the extent and as required by law for security of Issuer's funds. Such securities shall be deposited with the Escrow Agent. 3 t , I i r i SECTION 3.04. 'o ""°"thorized Transfers. No money shall be withdrawn or transferred from or paid out of the Escrow Fund except as herein expressly provided in Section 3.02. SECTION 3.05. Inv stment of Monev in Escrow Fund. All money held by the Escrow Agent pursuant to this Escrow Agreement shall be deposited or invested only in Permitted Investments and only at the written direction of the Authorized Representative. The Issuer intends that such funds shall be invested in Permitted Investments so as to cbtain the highest yield practicable, having due regard for the maintenance of the exclusion of interest on the Contractual obligations from the gross income of the owners thereof, for the safety of such funds and for the date upon which such funds will be required for uses and purposes specified in this Escrow Agreement. All interest and other income received by the Escrow Agent from investment of the Escrow Fund shall be retained in the Escrow Fund. The Escrow Agent shall not be liable for any loss resulting from iany isposition of charged to thesEscrow Futhi nds ~ Section, and , ARTICLE IV RECORDS AND REPORTS SECTION 4.01. Records. The Escrow Agent will keep books of record and account in which complete and correct entries shall be nts, made of all transactions lof th money and PermittedsInvestments ~J allocations and and application deposited to the Escrow Fund and all proceeds thereof, including specifically the submission of any Payment Request Form and the disbursement of funds pursuant to any such submission, and such books shall be available for inspection at reasonable hours and under reasonable conditions by the Issuer and the owners of the Contractual Obligations. SECTION 4.02. $gypIte. While this Agreement remains in effect, the Escrow Agent annually shall prepare and send to the Issuer a written report summarizing all transactions relating to the Escrow Fund during the preceding year, together with a detailed statement the Escrow Fund d as investments ot the end of such period glance on deposit i 4 I F ARTICLE V CONCERNING THCROW AGENT SECTION 5.01. $gpr§gl1t~t.~• The Escrow Agent hereby represents that it has all necessary power and authority to enter into this Agreement and undertake the obligations and responsibilities imposed upon it herein, and that it will carry out all of its obligations hereunder. SECTION 5.02. Limitation on L abil tv. The Escrow Agent Is sufficiency makes no representations as to the value, thereof, cor as onditions the e of the o rtit the Escrow Fund, or any part Issuer thereto, or as to the security afforded thereby or hereby, and the Escrow Agent shall not incur any liability or responsibility in respect to any of such matters. It is the intention of the parties hereto that the Escrow Agent shall never be required to use or advance its own funds or the exercise of any liability itstrightsfand apowers of i its incur personal any otherwise hereunder. The Escrow Agent shall not be liable faith inya action exercise of neglected to be taken by it in good reasonable care and believed by it to be within the discretion or power conferred upon it by this Agreement, nor shall the Escrow Agent be responsible for the consequences of any error of judgment; and the Escrow Agent shall not be answerable except for its own action, through or its default, negligence or want of good unless faith,sa*ae shall h Unless it is specifically otherwise provided herein, he Escrow Agent has no duty to determine or inquire into the happening or occurrence of any event or contingency or the performance or ~I failure contracts with others, with u the i Escrow respect Agent's arrangements sole or cntr duty hereunder being to safeguard the Escrow Fund, to dispose of and deliver the same in accordance with this Agreement. If, however, the determira wtheeoccurre occurrence called of any bevent or contingency, the Agreement Agent shall be obligated, in making such determination, only to exercise reasonable care and diligence, and in event of error in determiningy for naking such misconduct or determination ithe ts Escrow Agent sha In be liable its the occurrence of any such event or contingency the Escrow Agent may request :r-im the Issuer or any other person such reasonable additions: evidence as the Escrow Agent in its discretion may deem the relati nece fact occu eventsor c ntingency,tand anyn this connec ion may makerinquiriessoft, and consult with, among others, the Issuer at any time. 5 I I { 1 I i i SECTION 5.03. ^^sor F c-fir°w l~4enta. If to at act as any time the Escrow Agent or its legal successor or successors act as become unable, through operation or law 01 otherwise, escrow agent hereunder, or if its property and affairs shall be taken under the control of any state or federal court or administrative body because of insolvency or bankruptcy or for any other reason, a vacancy shall forthwith exist in the office o rEscro Agent hereunder. In s oint eannEscrow Agentrtobfil alp such viate acancy. If promptly shall app appointed by the issuer no successor Escrow Agent, shall have betedoby the owners of a within 60 days, a successor may be alpoin majot'ity in principal amount of the Contractual Obligations then outstanding by an instrument or instruments tin r iducy authorized the Issuer, signed by such owners or by ointment of a attorneys-in-fact. if, in a proper case, n t top the foregoing successor Escrow Agent shall be made pursuan provisions of this section within three months after a vacancy shall have occurred, the owner of any Contractual obligation ma apply to any court of competent jurisdiction to appoint ssor Escrow Agent. Such court rescribee and ,appafter ointsacs ccesso~riEscrow prescribe as it may deem proper, Agent. Any successor Escrow Agent shall be a corporation organized and doing business under the laws of the United States or the State of Texas, authorized under such laws to exercise corporate trust powers, having its principal office and place of business in the state of Texe,s, having a combined capital and surplus of at least $5,000,000 and abject to the supervision or examination by Federal or State Any successor Escrow Agent shall execute, acknowledge and deliver to the Issuer and the Escrow Agent an instrument accepting such appointment hereunder, and the Escrow Agent shall execute and deliver an instrument transferring to such successor Escrow Agent, subject to the terms of this Agreement, all the rights, powers and of a trusts of the Escrow Agent the herIssuer eunder. supon hallt executes any an such successor Escrow Agent, vesting in and instruments ons such successor Escrow Agent certasucinly rights, powers to confirming and duties. ARTICLE VI MISGELL~-ll SECTION 6.01. N_4ligg. Any notice, authorization, request, or demand required or permitted to be given hereunder shall be in writing and shall be deemed to have been prepaidven whes mail dthe add to registered or certified mail, postage Issuer or the Escrow Agent at the address shown on Attachment A 6 1 I 4 1 t attached hereto. The United States Post Office registered or i certified mail receipt showing delivery of the aforesaid shall be t conclusive evidence of the date and fact of delivery. Any party hereto may change the address to which notices areto be delivered by giving to the other parties not less than ten (10) da}s prior 1 notice thereof. SECTION 6.02. Termination of Responsibilities. Upon the taking of all the actions as described herein by the Escrow Agent, the Escrow Agent shall have no further obligations or responsibilities hereunder to the Issuer, the owners of the Contractual obligations or to any other person or persons in connection with this Agreement. SECTION 6.03. Binding Agreement. This Agreement shall be binding upon the Issuer and the Escrow Agent and their respective j successors and legal representatives, and shall inure solely to the benefit of the owners of the Contractual Obligations, the Issuer, the Escrow Agent and their respective successors and legal representatives. SECTION 6.04. $gverabil3ty. In case any one or more of the provisions contained in this Agreement shall for any reason be held E to be invalid, illegal or unenforceable in any respect, such ' invalidity, illegality or unenforceability shall not affect any other provisions of this Agreement, but this Agreement shall be construed as if such invalid or illegal or unenforceable provision had never been contained herein. it SECTION 6.05. 'texas Law Governs. This Agreement shall be governed exclusively by the provisions hereof and by the applicable laws of the State of Texas. SECTION 6.06. L4.me of the Essence. Time shall be of the essence in the performance of obligations from time to time imposed upon the Escrow Agent by this Agreement. SECTION 6.07. A dments. This Agreement. shall not be amended except to cure any ambiguity or formal defect or omission in this Agreement. No amendment shall be effective unlens the same shall be in writing and signed by the parties thereto. No such amendment shall adversely affect the rights of the holders of the Contractual Obligations. 7 I v x i a i c r s EXECUTED as of the date first written above. CITY OF DENTON, TEXAS By _ City Manager ATTEST: i City Secretary (SEAL) NCNB TEXAS NATIONAL BANK j B I y Title: 1 I ATTEST: 1 Title: (SEAL) 8 k !i i t r i E l INDEX TO ATTACHNENT$ 1 S. Attachment "A" Addresses of the Issuer and the Escrow Agent Attachment "B" Payment Request Form ~ i I 9 t `F ~ i t I I I f ATTACHMENT "A" 7 ADDRESSES OF THE ISSUER AND ESCROW AGENT R ISSUE City of Denton, Texas 215 E. McKinney Street I Denton, Texas 76201 Attention: City Manager ESCROW AGENT NCNB Texas National Bank 500 West Seventh Street Fort Worth, Texas 76102 I iil I Attention: Corporate Trust Department { ~J 10 , r f i r 4 'S i i t t ATTACHMENT "B" Payment Request Form No. To: NCNB Texas National Bank 500 West Seventh Street Fort Worth, Texas 76102 Attention: Corporate Trust Department As Escrow Agent under that certain Escrow Agreement, dated as of May 15, 1990 between you and the City of Denton (the "Issuer"), you are hereby requested to pay, from the Escrow Fund established by said Escrow Agent, to the person, corporation or other entity designated below as Payee, being someone other than an employee or officer of the Issuer, the sum set forth below such designation. The Issuer, acting by and through its Authorized Representative, hereby certified that [check one or more as appropriate]: [ J such amount represents [full] [partial] payment for an item of "Property" (as defined in the Escrow Agreement) being and such item of Property [has not been] [has been] the subject of prior Payment Request Forms [Nos. J. Attached hereto, unless supplied with a previous Payment Request, is a copy of the invoice, winning bid form or contract relating to the purchase or acquisition of such Property. [ ] such amount represents a cost of issuance of the Contractual obligations (as defined in the Escrow Agreement). [ ] such amount represents the unexpended balance of the funds held in the Escrow Fund not needed for the payment of the costa of acquiring or purchas- ing Property and should be transferred to the Interest and Sinking Fund established by the ordinance. Payee: - Address: Amount: ^ - Dated , 1990 City of Denton Authorized Representative 11 R I c i ±it 1 CITY ` Z COUNCIL[ } .w i ..H r... i y fill] J kill ~Qppo400QD pp~ ~ l~ y I a ~Q R 4~ 1 ITT r111 ill 111111 I'll .f R. 4 f i i i i f i DATE: 95/ 15/90 CITY COUNCI[. REPORT FORMAT 4 ) Mayor and Members of the City Council TO: t FROM: Lloyd V. Harrell, City t1anager SUkIJECT: CONSIDER AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION CONCERNING THE LA14DSCAPING OF A PORTION OF UNIVERSI'CY DRIVE RECOMM Tne Beautification Cotmission reconniends approval. SUMMAR'i: E The agreement calls for a total contribution from the City of ' Denton, valued at $173,181.59. This amlu'talcathe'dSum Of out eficit' amount Plus non-cash contribution of $171,924.00, of $1,257.5U which, when added to the non-cash contribution, equalizes the City's share and the SDRPT'e share. Therefore, the SD14P'r is liable for $173,181.50, equivalent to Denton's share. to provide the following By this agreement, Denton is agreeing in-kind (non-Cash) services: Dcsign ($24,164.rJ), Maintenance ($45,300.00), Soil ($47,099.00) and Irrigatio, Boring/Casing te paverrland4all plantsSDHPT concreitems intotal stall, oEthethese ($55,4a0•fort and The will pay rass to be planted by the State is low About 77 percent of t { maintenance buffalo grass. 'ROUND: BACKGROUND: In October 1967, Council accepted the beautification Commission's recommendation to embark olptehensiveyenandnceway landscaping program witti the State Department Transportion 50 percent match. A recent main Street eee)or a Teaway of out of towu consultants favorably commented abou our entranc program as a tourist attractor anj an economic development tool. On July 11, 1989, the Council authorized the pursuit of this agreement. Formal application was made to the SDHYT on ,s shale July 25, 1989. The application then specified that hies City would be comprised of $92,468 from bond revenues, (p unanticipated costs) plus $120,980 of The reduction, to $173,181.50, reflects several factors, which are delineated in the attachments. { k E k X 1C .R • '1 t i 1 Landscaping 01 University Drive May 15, 1999 Page 2 PROGRAMS DEPAR':MEN'CS OR GROUPS AFFSC"'ED: j Thos departments that had planned on an in-kind contribution of tl months)- Thertefore~9thy le to do services will not royal process o (over his time span of the app require in-kind services from the of the project which may portions will of delayed until city forces are available in late fall- city io FISCAL I CT: to the proposed Itemized costs and responsibilities according agreement are attached. 11 s pit es 2e 8arre1l j Lloyd City Manager I Peep d by: 4~'e G. Owen Yost, ASLA Urban Planner Registered Landscape Architect i App Frank H. Robbins, AICP Executive Director Planning and Development Attachments: Cost and Responsibility Chart Agreement Minute Order 1421o r 3 :r I 1 6 I f t 7 r 3 f f i 1 m n b n a H N f v y y a 0 r1 p Z h N a H !n ~ a N N 5 7 71!7 Y 5 F" 1 a Io Ia a R In O R ~ 5 ~ N r 5 ~ a a ~ a n m b m M a d C ~ b ro rt n rt 7 0) O R H y 7 0 O I F -fA- A- - W a P W ID A A ,p N O ~ , ~ ;J .7 A ; U N R r• CO . ~ In J m u a Io to 9 r. I 01 O OI N CO CM O p R R a O 1D N I I ~I C z N JA. • W n b het y a c a tn a ..1 O O O c% M b ! ~J o o a y ~ ~ m n N 0 tr % O p O C O? R n H N 1D N ~ N b IC p, iD r 000 17.. H C5i O, N CY H= a G V N R N y 3 .A 1-y % r It O a In a r N O N ip ~0 (A . p a x m a o n D m a n G b N R O r. N N 7 R N A 5 W. 5 n ` O A H m m '.RT fn0 7 w 0 G •1 • n R N R ' w. C r. N R a a o ff d LO iO n A N 0 .Jrt. • K (p q co M N 1D r' O 1 R C G M O 7 ,y, 50 0 r n O :3 m 5 IO 0 r A a 1 I 5 rr• C R? 0) (D R 8 0, 0 rn R I M r' 0 N M C R 10fi DI 5' a N rp A A a • a R D r 5 a d b 0 W O n N a A :t n iD r• a ~ N r~ a H N 5 K , a 1D IO r a O ~ 7 N N M ry OR O. C DPI B ro R •f b 10.1. O N ID n R W LO b b A Q ;n 3 l n Y d O d d G N m ry 0N. M N N R 3 = O Lo 0 d R u7 r j ~ r i0 ~ A O O R co A 0 d co 0 9 J \ 7 O a ~ n t i A h 1 t x 3 I ~y N ~ N In ep fdD rG A O E~ p N T x R K R b H 7 5 7 7 w t+ ~ R i i I-' N -iH-iA- JA. rn 'i J N V W V A A A A N 0 W A m W N; A J N R r. w J Q A~ 0 O W cn N W G W T co O O O 0 R d T O O~ N M co Q O O O N H ~ I I I O 44 I M a iA- At- -W Y N 9 W N A N n N 7 i! I ~ o ~ A A Lc •,,e . r.+ KI O p O P A ro d { O A 3 ~ k 0 CA 3 0 17 H R A H 0 h d & m A b' 7 0 H y 1• N N r. y A H. N W. N R UI 0 Y• fy c d c cr • n r A w A N ry N DI rA c N x O N~ O, O d A . i ry A 7 0, n m A d R N y N R O H N N O m d H A• R O V n • < A O R A B A R A A r R A r A R • n R N N R d d C n d n A w !~D .07 A a iA O. In n A A O R O d p, 7 R d c r• 5' d r• I x 7 0 O l< 09 ~N: O S rn ry I I 7 p c r 0 r. A R Od 0 Y• 3 Z ry 0 m R M R r' A N r . . 1. O A O A N R A I Y; R M M r N R N p ,y IA • O.R ^A 7 •N A D m y R W q N d r- O' CA h 77 d A W x OR r. A A h 0 R N d O. H A Y N M d G 7 A A 7 7 A ry 010 0 m IA a d ry x N 0 H I 0' + if I 0 I e + I i I I P ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE STATE OF TEXAS, ACTING BY AND THROUGH THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, FOR PARTICIPATION IN A LANDSCAPE COST SHARING PROGRAM PROJECT ALONG US 380, FROM I-35 TO MALONE STREET, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORI AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: I Sy.CTION I. That the City Manager is authorized to execute an agreement between the City of Denton and The State of Texas, acting by and through the State Department of Highways and Public Transportation, for construction of a Landscape Cost Sharing Program project along US 380, from I-35 to Malone Street, under the terms and conditions contained in said agreement, which is attached hereto and made a part hereof. SECTION II. That the City Council hereby authorizes the expenditure of funds and provision of a non-cash contribution in the manner and amount as specified in the agreement. SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1990. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: I • F r ATTACENIENT 2 Q ® APR - 61990 • µ►w1AOER5 OFFICE cTOa COMMISSION STATE DEPARTMENT OF H1CH13'Al'S AaNOJDw ouvEa RE AND PUBLIC TRANSPORTATION , ROBERT N DEDMAN, CHA,RVAN RAti STOKER, JR W4ITT G 'PEER SIkTE 113GH14AI BI DG. 'AAYNE B DUDDLESTEN IITH A 10.1ZM ALW\•TE; A*V11-143 13111 43J3Z3 April 3, 1990 CONTACT. r Landscape Cost Sharing Program D-18L City of Denton - US 380 Mr. Lloyd Harrell city Manager City of Denton 215 E. McKinney Denton, Texas 76201 Dear Mr. Harrell: We are happy to report that during their regular meeting of March 29, 1990, the State Highway and Public Transportation Commission passed Minute order 90101 which authorizes the Department to cooperate with you toward the completion of a highway beautification project under the Landscape Cost Sharing Program. A copy of this Minute order is attached for your information. In the near future, we will be transmitting the final Agreement to our District office in Dallas. Our District office personnel will transmit the documents to you for signature. After your signature, please attach any resolutions or ordinances, insurance ~i documents or checks as may be specified within tthe he District and return both original Agreement counterparts office for further processing. We sincerely appreciate your commitment, support and interest in highway beautification. If there is additional information you might need from our office, please feel free to contact Mr. Paul Northcutt, Landscape Architect, at (512)465-6301. sincerely, C, 014 ~~~L Azu, Bob G. Hodge, P.E., Chief Engineer Maintenance and Operations Division PEN Attachments cc: Dallas District - Mr. Pat Haigh + 1 44 F' J ~ ATTACHMENT 4 STATE DEPARTMENT OF HIGHWAYS 1 AND PUBLIC TRANSPORTATION Palle 1 of 1 Pages r 0£NTON County MINUTE ORDER i District No. DALLAS (18) _ F WHEPEAS, in DENTON COUNTY, on U.S. HIGHWAY 380 from Interstate Highway 35 to Malone treet within the City of Denton, the City of Denton desires to perform a Landscape Cost Sharing Program project, and has committed a total contribution of $173,181.50 towdrd the development of the Project, which sum includes a cash conlribuLlon of 51,257.5 and a non-cash contribution of 5171,924.011, which sum represents the agreed, fair-market, non-cash value of lurntshing the project design plan, of furnishing and placing Lup+,ull, ui im,lnllllnl an irrigation system including required bores dn4i vo0rnl, acid it sltu maintenance a,1d establishment activities for d period ul' Iwo (0 consecutive years; and WHEREAS, the State Department of Highways and Public. Transportation (the Department) desires to cooperate In Ihio vitlunvur by obligating State funds in the amount of $173,181.50 which will be combined with the cash contribution provided by the City and utilized to provide for the installation of a highway landscape project through a construction contract administered by the Department, and to provide for the installation of concrete pavers through a subsequent construction contract administered by the Department; NOW, THEREFORE, IT IS ORDERED that the Engineer-Director will accept this offer with gratitude and enter into any necessary agreements with the City of Denton for the completion of the work, financing the State costs with funds authorized by the Landscape Cost Sharing Program, under Commission Minute Order 88295, at a State cost estimated not to exceed $173,181.50 Submitted by: Examined and recommended by: ~ I t e h of nglneer, Maintenance Approved eputy Director 1 and Operations Division ng neer-Director Minute Number 4)(11111 Oate Passed µA11 79 '1(1 ~t r E ATTACHMENT 5 THE STATE OF TEXAS COUNTY OF TRAVIS THIS AGREEMENT is made by and between the State of Texas, acting by and through the State Department of Highways and Public Transportation, hereinafter called the "State", and the City of Denton, acting through its duly authorized officials, as evidenced by Resolution or Ordinance Number hereinafter called the "C ty" dated W I T N E S S E T H WHEREAS, the state owns and maintains a system of highways, including US 380, in Denton County, Texas, for public use and benefit; and WHEREAS, the City has requested State participation in a Landscape Cost Sharing Program project along US 380, from IH 35 to Malone Street, hereinafter called the "Project", and as shown on the attached EXHIBIT A; and WHEREAS, the City has committed to cooperating with the State by providing a total contribution of $173,181.50 which jl includes a cash contribution of $1,257.50, and a non-cash 1 contribution of $171,924.00 toward the development of the project; and i WHEREAS, State Highway and Public Transportation Commission Minute Order 90101, dated March 29, 1990, attached hereto and labeled EXHIBIT B authorizes the state to cooperate with the City in the development of the Project by providing State funds which will be utilized for the installation of a Highway Landscapco Project tate, andrforh the construction installation contract S of t concreteipaversed hby the subsequent construction contract administeredabytheState;a mutualOcovenantsRandiagreementsaofAthe fpathe rties premises hereto and by them respectively kept and performed as hereinafter set forth, the State and the City do mutually agree as follows: A G R E E M E N T ARTICLE 1. Term of Agreement, This Agreement becomes effective when finally executed (signed) by the State and shall terminate upon satisfactory completion of the work as called for in the Project Design Plan and as stipulated within this Agreement, unless otherwise terminated as provided hereinafter. Page 1 of 8 I ARTICLE 2. Project Design Plan. The City shall prepare and furnish the Project Design Plan. The Project Design Plan shall contain plans, details, drawings, specifications and estimates as may be required by the State to fully control the installation of the Highway Landscape Project, through a State construction contra-t, and the installation of concrete pavers through a subsequent State construction contract. The Project Design Plan shall be furnished in the format and to the time schedules as required by the State for each construction contract. The Project Design Plan shall be incorporated into ' this Agreement by reference. I ARTICLE 3. Project Funding. The total estimated cost of the Project is $346,363.00, and shall be funded jointly by the State and the City. State funds in an amount estimated not to exceed $173,181.50 will be combined with the cash contribution of $1,251.50 from the City and utilized to provide for the construction of a Highway Landscaping p^-oject through a construction contract administered by the State at a cost estimated not to exceed $134,527.00,and to provir.f for the installation of concrete pavers through a subsequent construction contract administered by the State at a cost estimated not to exceed $39,912.00. The City's total non- cash contribution is $171,924.00 and represents the agreed, fair-market, non-cash values of $24,164.00 for furnishing the project design plan, $45,300.00 for providing for site establishment and maintenance for a period of two consecutive years, $47,000.00 furnishing and placing topsoil, and $55,460.00 for the installation of an irrigation system, including required boring and casing activities. ARTICLE 4. Responsibility of the Parties. A. The City agrees to: 1. Indemnify and save harmless the State, its agents and employees, from all suits, actions or claims and from all liability and damages for any and all injuries or damages sustained by any person, or by any abutting, adjoining or other property in consequence of any neglect in the performance, or failure of performance of the City, its agents and employees under this Agreement, to the extent allowed by State Law. Page 2 of 8 t , r 2. Indemnify, defend and hold the State harmless from any and all claims and lawsuits by third parties ' arising from, or incident to the performance, or failure of performance of the City, its officers, employees or agents under this Agreement to the extent allowed by State Law. The City shall defend all suits brought upon all such claims and lawsuits and pay all costs and expenses incidental thereto, but the state shall have the right, at it's option and expense, to participate in the defense of any suit, without relieving the City of any obligations hereunder. ! 3. Provide a check, payable to the State Department of Highways and Public Transportation in the amount of $1,257.50. The check shall be due the State at the time of execution (signature) of the Agreement by the City. 4. Provide the Project Design Plan. 5. Provide and place all required topsoil for the project. 6. Provide ar irrigation system for the project. 7. Perform, to the satisfaction of the State, project and site maintenance for a period of two (2) consecutive years. Maintenance shall begin after the contract administered by the state is be include but not completed. Maintenance shall limited to the following activities: ` (a) Pruning, fertilizing and disease control as \~.J may be reasonably required to insure the continued viability and establishment of the plant material (b) Maintenance of the plant basins to maintain watezing rings and to insure that plant basita are free of vegetative growth which woula affect the growth of the plants. (c) Providing water in the amount and to the frequency required to insure the continued viability and establishment of the plant material. (d) Replacement of the plant material as imay be reasonably required to insure the Project functions as intended during thn term of the agreement. Page 3 of 8 Ii i 8. Furnish, erect and maintain any barricades, sign and traffic handling devices, in accordance with } the latest Manual of Uniform Traffic Control Devices, and to the satisfaction of the State, as may be required to protect the safety of the travelling public whil performing any work on the Project during this Agreement B. The State agrees to: r 1. Obligate State funds in the amount of $1331269.50 will be combined with the City cash contribution of $1,257.50 and utilized to provide for the installation of the highway landscape project through a construction contract administered by the state. 2. Obligate State funds in the amount of $39,912.00 which will be utilized to provide for the installation of concrete pavers through a subsequent construction contract administered by the State. I 3. Deposit the cash received from the City into escrow. j 4. Schedule the highway landscape project for the first available construction letting, consistent with the completion of the Project Design Plan by the City and in accordance with the processing schedule for highway improvement projects. 5. Include the installation of concrete pavers as a bid item in a subsequent construction contract selected by the state. 6. Administer the construction contracts as necessary to complete the highway landscape project and the concrete paver installation in accordance with the Project Design Plan. 7. Coordinate with the City to determine the requirements relating to barricades, signs and traffic handling devices as may be required during the establishment and maintenance period performed by the City. Page 4 of 8 I W F I 1 i I I i ARTICLE 5. Overruns/Underruns. i The total amount of cash available to provide for the installation of the Project through construction contracts administered by the State is $174,439.00, and includes a acash mount contribution of $1,257.50 from the City. Landscape upon the Project and of cosh available to perform the Highway the subsequent construction contract necessary to provide for the installation of the concrete pavers, the state's pro-rata (cash) share of the Project is 99.288 and the city's pro-rata (cash) share of the project is 0.728. 1. If, upon receiving bids for the installation of the Highway Landscape Project the lowest bid or bids exceeds 5134-527.00• the state will promptly notify the city. If, in the opinion of the State and the City, but at the final option of the State, it is determined that it is in the best interest of the Project to provide additional funds required to satisfy the I overrun, the Gtate and the City will share the cost of the overrun on a pro-rata (cash) basis. The State will provide 99.288 of the overrun and the City will provide 0.72% of the overrun. 2. I upon receiving bid ectfrthe instalbidlation note Highway Landscape Proroj , -•r ed 5134 527 QO_ the :state will recommend award of the contract. If, during execution of the contract it is determined that sufficient funds are not available to complete the work, the State and the City will share in the cost of the additional funds necessary to complete the work on the above determined pro-rata (cash) basis. 1 3, If, upon receiving bids for the installation of the subsequent construction contract which will include the installation of concrete pavers, the lowest bid for the bid item for the concrete pavers e c s X39 912.00.,. the State will promptly notify the city. if, in the opinion of the State and the City, but at the final option of the State, it is determined that it is in the best interest of the Project to provide share satisfy the s cost h of overrun, additional funds will quired to the r State and the Cit overrun on a pro-rata (cash) basis. The State will provide 99.288 of the overrun and the city will provide 0.728 of the overrun. Page 5 of 8 `t Y h~ . II f I •I I 4 4. If, upon receiving bids for the installation of the subsequent construction contract which will include the installation of concrete pavers, the lowest bid for the bid item for the concrete pavers does not exceed $39.912.00. and remaining bids within the construction contract are acceptable to the State, the State will recommend award of the contract. If, during execution of the contract it is determined that sufficient funds are not available to complete the concrete paver activity, the State and the City will share in the cost of the additional funds necessary to complete the work on the above determined pro-rata (cash) basis. S 5. The State will not consider the return of excess City cash contribution until the closeout of the state construction contract containing the installation of the concrete pavers. If, upon completion of the subsequent construction contract, and after final Project closeout has been completed by the State, it is determined that the total amount of available cash funds were not fully utilized, the state will return the pro-rata (cash) share of the unused funds to the City. ARTICLE 6. Disputes. Should disputes arise as to the party's obligations under this Agreement, the State's decision shall be final and binding. ARTICLE Amendments. Changes in time frame, character, cost or obligations herein shall be enacted by written amendment. All amendments to this Agreement must be executed by both parties within the contract period specified in Article 1. ARTICLE 8. Successors and Assigns. The State and the City shall not assign or otherwise transfer its rights and obligations under this Agreement except with prior written consent of the other party, and any prohibited assignment or transfer shall be null and void. I ARTICLE 9. Remedies. Violation or breach of contract terms by the City shall be grounds for termination of the Agreement, and any increased cost arising from the City's default, breach of contract or violation of terms shall be paid by the City. This Agreement shall not be considered as specifying the exclusive remedy for any default, but all remedies existing at law and in equity may be availed of by either party and shall be cumulative. Page 6 of 8 i ARTICLE 10. Insurance. At the time of execution (signature) of the Agreement by the City, the City shall attached required insurance documentation to each Agreement counterpart. i r If the City is a self-insured entity and performs any work on the Project with City Forces, the City shall extend the protection of its self-insurance to the State for any and all damages and injuries arising from the City's performance under this Agreement. If the City is not a self-insured entity and performs any work on the Project with City Forces, the City shall furnish the , State with a completed Certificate of Insurance (SDHPT Form 20.102), and label such documentation EXHIBIT C If the City performs any work on the Project through a contractor or contractors selected through the City's low-bid procedure, the City shall require its contractor or contractors to furnish the State with a completed Certificate of Insurance, (SDHPT Form 20.102), and shall insure the contractor or contractors maintain such insurance during the tern, of the Agreement. ARTICLE 11. Gratuities. State Department of Highways and Public Transportation Commission policy mandates that employees of the Department shall not accept any benefits, gifts or favors from any person doing business or who reasonably speaking may do business with the State under this contract. The only exceptions allowed are ordinary business lunches and items that have received advanced written approval of the State Department of Highways and Public Transportation Engineer-Director. Any person doing business with or who may reasonably speaking do business with the State under this contract may not make any offer of benefits, gifts or favors to Departmental employees, except as mentioned hereabove. Failure on the part of the City to adhere to this policy may result in the termination of this contract. REMAINDER OF PAGE LEFT BLANK I I Page 7 of 8 I i i I f ARTICLE 12. Termination. i I~ This Agreement may be terminated by any of the following conditions: A. By mutual agreement and consent of both parties. I B. By either party upon thirty days written notice to the other party. I! C. By either party, upon the failure of the other party to fulfill its obligations as set forth in this Agreement. t D. By satisfactory completion of all services and obligations described herein. Should the City terminate this Agreement, as prescribed hereabove, the City shall, at the option of the State, reimburse any reasonable costs incurred by the State. IN TESTIMONY WHEREOF, the State and the City have executed duplicate counterparts to effectuate this Agreement. i THE CITY OF DENTON THE STATE OF TEXAS Certified as being executed for the purpose and effect of By: _ activating and/or carrying out (Signature) the orders, established policies or work programs heretofore approved and authorized by the _ _ _ State Highway and Public (Typed Name and Title) Transportation Commission Dater By: Henry A. Thomason, Jr., P.E. Deputy Director, Field Operations Date: Page 8 of 8 I r i i III 31-1 K ~ ~ iLanaR ~ I -_7 1 35 1 A . - I MAC µ MIA o 00? I o 2 qCfiY NOLEO~ Np It, 1VA 'DERBIL7 Ht/ 2 6r z m So z e D W Iake4 Z:~ ,R, 4 \J,KfW00 PJip N H N RBIRD m ASR c~ HASSARD _ BARCELON A cFA d 'p t , BELHAWY , 0 s`. R ~ 3 ~ RCENBRIAR RD EOS ULANE COLiN05€ ► o R N MA ` P EP .~1 w 4 W .~~7-~. AMHER5 Sr FAR UNIVf RSIfYr ~.c 3 DRIVE ; AWRY h r. WESfCHCS TCR + \\I CORDER _ _ST CORDEIL h \\y4 E,R S(Lfl1N1 ST - 1 ,ENE SCEN`_ CANT TON _Zr LINOCN _a0 _ DR s a: ti LINDEN PROJ C-GT W y BROAONAY H PANHANDIE 2 W , HO F\7I OI `a I S McYenne ~N(~W Q -_M T StNA , EGAN 1 Parts z L l: SCRIP rupt + 04OUS CON Pl. < J H W.. i OAKS _ C ST I W _ ^ m 1 mcr ORr I W SfE T O w 4^ MULE PR1 CHARIOT,I Vl I m LOUIS[ ~1 I 7 ~ -M PNAIRrE. ST Noilh Temas . _ . _ - OQ 51a1e Unrvclsillr > HIGHLAN 4 3sc At SHrRE 4 m R A.~C ~.r NNIN W MAR I COL INS UNDER )OD Sr t - W' r., FAU H,rr Bi TerJf O 1- ,1515 L B 51JIe Un~.ynaC t 6 4 Gn 11 Co.,rse O~ 2 IVLEI =ag l35 W Y : r w IuPhDUI w11L Ic_rV_AI EXHIBIT A i STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION DENTON County MINUTE ORDER Page 1 of 1 Pages i District No. DALLAS (13) I, WHEREAS, in DENTON COUNTY, on U.S. HIGW,4AY 380 from Interstate Highway 35 to Malone Street within the City of Denton, the City of Denton desires to perform a Landscape Coat Sharing Program project, and has committed a total contribution of $173,181.50 toward the development of the Project, which sum includes a cash contribution of $1,257.50, and a non-cash contribution of $171,924.00, which sum represents the agreed, fair-market, non-cash value of furnishing the project design plan, of furnishing and placing topsoil, of installing an irrigation system including required bores and casing, Ind of site maintenance and establishment activities for a period of two (2) consecutive years; and WHEREAS, the State Department of Highways and Public Transportation (the Department) desires to cooperate in this endeavor by obligating State funds in the amount of $173,181.50 which will be combined with the cash contribution provided by the City and utilised to provide for the installation of a highway landscape project through a construction contract administered by the Department, and to provide for the installation of concrete pavers through a subsequent construction contract administered by the Department; NOW, THEREFORE, IT IS ORDERED that the Engineer-Director will accept this offer with gratitude and enter into any necessary agreements with the City of Denton for the completion-of the work, financing the State costs with funds authorized by the Landscape Cost Sharing Program, under Commission Minute Order 88295, at a State cost estimated not to exceed $173,181.50 EXHIBIT B Submitted by: Examined and recommended by; (Title) Chief Engineer, Maintenance Approved Deputy Director and Operations Division r Engineer-Director Minute Number 90101 Date Passed MAR 29 90 - r CITY COUNCIL y u I ~ I 1. } . At r ~ N I , G~c~~CCC,C.600~'^'~J ,11 r. ~ r i CITY COUNCIL REPORT FORMAT TO: !lavor and Members of the City Council FROM: Llovd V. Harrell, City Manager SUBJECT: Dallas Drive Landscanina Contract RECOMMENDATION: Ile recommend the passage of an ordinance to enter inter a joint agreement with the State Highway Department to share in the cost and construction of a landsc3oed median on Dallas Drive between 135E and Rio Grande Blvd. SUMMARY: The Parks Division has undertaken this plan to upgrade traffic medians throughout the City. This highly visible entrance to the City is a priority project by the Beautification Task Force and Park Board to beutify the City. BACKGROUND: The Dallas Drive entrance off the interstate is a highly traveled access with high visibility. City Council previously reviewed this project and authorized seeking 'a grant in January 5, 1988. I PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Parks Division and Engineering Department FISCAL. IMPACT: The State and the City will share equally in this j project of $74,408. The City will contribute $23,875 in cash from a beautification fund and $13,329 In in-kind services of engineering, irrigation, and plant material i.-stallation. RESPEC ILLY 5L19?11 TED: ov lacre 11 Cite ,`ana¢er Prepared by: ame Robert K. Tickner Title Superintendent of Parks Approved- Name Tit Ie 2633Cr3 Weaatton CITY of DENTON, TEXAS Civic Center/ 321 E. A4cKinaoy/ Denton, Tx 76201 A E M 0 R _A N D t' A T0; Steve Brinkman, Director of parks and Recreation FROM: Bob Ticknor, Superintendent of Parks DATE: July 3, 1989 SUBJECT: Dallas Drive Beautification Project in clarification of the Texas Highway grant application process for the Dallas Drive entrance median, the following may be of assistance, The project total is estimated to be $74,408, This has been adjusted from our original request of !72,455 (see attached letter dated May 24, 1988), Our share of the 50-50 grant is $.370204, of which $13,329 will be by inkind services of engineering, installation of the irrigation system, installation of plant material, and the value of two years of maintenance, The amount of !23,875 will be contributed to the project in cash from the beautification fund established several years ago for donations and receipts from sale of surplus right-of-way. The City is responsible for ievelopment of all plans and engineering which wa ll be developed and drawn by the Engineering Department with our input to state standards. These will be put out to bid by the state for all supplies, materials, and contracts for curb and gutter And patterned or brick paver rip - Cap on the median noses and along plant bed edges. Also, boring under the street for the irrigation later supply will bi contracted. The state will administer all contracta. Plant material And irrigation supplies will be drop ` shipped to the packs Division for installation at the appropriate time. It will be a complex process with a lot of coordination. I hope to see commencement of the project sometime in the late fall or winter. Please advise if I can supply any additional information. Robert K. Tickne[ , PARKS037 •'•.Y ~ , ~~~rrt'iolt«l ~~'olR/~.,lle~al ~.~/nPRt~ '~?~'i~inet Denton Parks and Recreation ! Denton, Texas I 1017)506.0270 r a ENTON, TEXAS Civic C21 E. McKinnon/ Denton, rx 7e20I D c CITY of O May 24, 1988 Mr. Arnold W. Oliver, District Engineer Texas State Department of Highways P, o. Box 3067 Dallas, Texas 75221-3067 Dear Mr. Oliver: The City of Denton wishes to present a proposal for participation in the Landscape Development Program on U. S. Highway 771 Dallas Drive, The proposal is to landscape and as it etiits off interstate 35E. beautify the strips thedmediansGtonbe Boulevard. improved and our cost estimate for the project. The City wishes participate in this project with both in-kind force account labor and cash contributions. Cost estimates for the project are $72,455. The following is a cost estimate breakout of the proposed project: 6r594 i. Plant material, trees, shrubs, mulch 2. Top soil, 437 cubic yards @ $6.09/yd. 3;500 3. Irrilati on ma:er•.ils 4. Irr:gat:on con- 3ctuai (bor:ng, 'peter 31900 :nstaiiit:an) 5, 9arlsc3pe epattern concrete oa' 29,937 pavers) 63' square yards $41.50 3,735 6, Dr3:nape improvements Curb and gutter, 1,4'6 i:near feet a $5 50 9,118 k . S. Force Account Labor (iandscap:ng, 5,004 irrigation) g, oianning, engineering 3,115 2,500 10. Two year maintenance Total 72,455 I JYaliarfal Uat'dtI etr/ee•a~ro r~z :Denton Perks and Recreation / Donton, Texas / r ~ r ,r i l l V I, l i 1 I ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A JOINT COST SHARING AGREEMENT WITH THE TEXAS STATE DEPARTMENT OF HIGHWAYS AND I PUBLIC TRANSPORTATION FOR LANDSCAPING ALONG U.S. HIGHWAY 77 AT ITS I INTERSECTION WITH INTERSTATE HIGHWAY 35E IN DENTON; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR? AND DECLARING AN EFFECTIVE DATE. r THE COUNCIL OF THE CITY OF D£NTON HEREBY ORDAINS: SEC'rION I. That the City Manager is horeby authorized to execute a joint cost sharing agreement with the Texas State Department of Highways and Public Transportation for landscaping along U.S. Highway 77 at its intersection with Interstate Highway i 35E in Denton. E SECTION II. That the City Council hereby authorizes the expenditure of funds in the manner and amount as specified in the I agreement. SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1990. I BOB CASTL.EBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: _ APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: laK8scapord r THE STATE OF TEXAS COUNTY OF TRAVIS THIS AGREEMENT is made by and between the State of Texas, acting by and through the State Department of Highways and Public Transportation, hereinafter called the "State", and the City of Denton, acting through its duly authorized officials, as evidenced by Resolution or Ordinance Number , dated hereinafter called the "City". W I T N E S S E T H WHEREAS, the State owns and maintains a system of highways, including U.S. Highway 77, in Denton County, Texas, for public use and benefit; and WHEREAS, the City has requested State participation in a Landscape Cost Sharing Program project along U.S. Highway 77, at the intersection of Interstate 35E within the City of Denton, hereinafter called the "Project", and as shown on the attached EXHIBIT A; and WHEREAS, the City has committed to cooperating with the State by providing a total contribution of $37,204.50, which sum includes a cash contribution of $23,875.50, and a non-cash contribution of $13,329.00 toward the development of the Project; and WHEREAS, the Project will be executed by the State in two Phases: the Requisition Phase, and the Construction Phase; WHEREAS, State Highway and Public Transportation Commis,ion Minute Order 89228, dated August 29, 1989, attached hereto and labeled EXHIBIT B authorizes the State to cooperate with the city in the development of the Project by providing State funds which will to combined with the cash contribution from the City and utilized to purchase required landscape material, and to provide for th= inEtallation of boring and casing, pavers, drainage iwprovements and curb and gutter all through a subsequent construction contract administered by the State;and NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto be by them respectively kept and performed as hereinafter set forth, the State and the City do mutually agree as follows: A G R E E M E N T Page 1 of 8 i 11 i I ARTICLE 1. Term of Agreement. This Agreement becomes effective when finally executed (signed) by the State and shall terminate upon satisfactory completion of the work as called for in the Project Design Plan and as stipulated within this Agreement, unless otherwise terminated as provided hereinafter. ARTICLE 2. Project Design Plan. The City shall prepare and furnish the Project Design Plan. The Project Design Plan shall contain plans, details, drawings, specifications and estimates a•, may be required by the State to prepare detailed requisitions for required materials under the Requisition Phase of the Project, and to fully control the conduct of the construction contract during the Construction Phase of the Project. The Project Design Plan shall be furnished in the format and to the time schedule as required by the State to accomplish both phases of the Project. The. Project Design Plan shall be incorporated into this Agreement by reference. ARTICLE 3. Project Funding. j The total estimated cost of the Project is $74,409.00, and shall be funded jointly by the State and the City. State funds in an amount estimated not to exceed $37,204.50 will be combined with the cash contribution of $23,875.50 from the City, and utilized to provide for the purchase of material through the Requisition Phase and the installation of boring, drainage, paver, curb and gutte improvements in the Construction Phase. The City's total contribution is $37,204.50 and includes a cash contribution of $23,875.50. The City's non-cash contribution of $13,329.00 represents the agreed, non-cash, fair-market values of $5,000.00 for installing all material furnished by the State; of $2,500.00 for performing maintenance and establishment activities for a period of 24 consecutive months; and of $5,829.00 for furnishing the Project Design Plan. ARTICLE 4. Responsibility of the Parties. A. The City agrees to: 1. Indemnify and save harmless the State, its agents and employees, from all suits, actions or claims and from all liability and damages for any and all injuries or damages sustained by any person, or by any abutting, adjoining or other property in consequence of any neglect in the performance, or failure of performance of the City, its agents and employees under this Agreement, to the extent allowed by State Law. Page 2 of 8 X ~I , i 2. Indemnify, defend and hold the state harmless from any and all claims and lawsuits by third parties arising from, or incident to the performance, or failure of performance of the City, its officers, employees or agents under this Agreement to the extent allowed by State Law. The City shall defend all suits brought upon all such claims and lawsuits and pay all costs and expenses incidental thereto, but the State shall have the right, at its option and expense, to participate in the defense of any suit, without relieving the City of any obligation hereunder. 3. Provide a check, payable to the State Department of Highways and Public Transportation, in the full amount of $23,875.50. The check is due the State at the time of execution of the Agreement by the City. 4. Provide all labor, equipment and incidentals necessary to provide for the installation of plant material, mulch and topsoil furnished by the State during the Requisition Phase, and in accordance with the Project Design Plan. 5. Provide all labor, equipment and incidentals necessary to install the irrigation system components furnished by the State and establish a fully operational irrigation system in accordance with the Project Design Plan. 6. Perform, to the satisfaction of the State, Project maintenance and establishment activities on the Project for a period of 24 consecutive months following the completion of the Requisition Phase and the Construction Phase. Maintenance and establishment shall include, but shall not be limited to the following activities: (a) Pruning, fertilizing and disease control as may be reasonably required to insure the continued viability and establishment of the plant material. (b) Maintenance of planting beds and basins necessary to maintain watering rings and to insure plant basins and beds are reasonably free of vegetative growth which would affect the growth of plants. I i Page 3 of 8 I L or ~ i i n ~ f I (c) Monitoring, adjustment and repair of the irrigation system, including all repair parts as may be required. (d) Replacement of plant material as necessary to insure the continued viability of the Project. 7. Provide, erect and maintain all Barricades, Signs and Traffic Handling Devices to the satisfaction of the State as may be requried to protect the safety of the travelling public while performing any work on the Project. B. The State Agrees to: 1. Obligate State funds in the amount of $37.204.50 which will be combined with the cash contribution from the City and utilized to provide for the Requisition Phase and the Construction Phase of tho Project. 2. Prepare and submit requisitions for plant ` material, mulch, topsoil and irrigation system I components in accordance with the Project Design Plan furnished by the City. 3. Furnish plant material, mulch, topsoil and irrigation system components to the City. 4. Schedule the Construction Phase of the Project for a statewide construction letting date mutually agreeable to the State and the City but at the final option of the State after receipt of an acceptable Project Design Plan from the City. - J 5. Administer the Construction Phase of the Project during construction. 6. Cooperate with the City in determining any Barricades, Signs and Traffic Handling Devices needed during the City's conduct of the Project. ARTICLE 5. Overruns/Underruns. total The amount of cAsh available for the Requisition Phase of the Project is$13,OOO.00. The total amount of cash available to perform the construction Phase of the Project is $48,080.00. The total cash available from the State is $37,204.50, and the total cash available from the City is $23,875.50. Page 4 of 8 i Based upon the amount of cash available to perform both phases of the Project, the State's pro-rata (cash) share of the Project is 60.92% and the City's pro-rata (cash) share if the Project is 39.081. 1. If, upon receiving bids for required material in the Requisition Phase, the cumulative total of the bid or bids exceeds 000.00,, the State will promptly notify the City. If, in the opinion of the State and the City, but at the final option of the State, it is determined that it is in the best interest of the Project to provide additional funds required to satisfy the overrun, the State and the City will share the cost of the overrun on a pro-rata (cash) basis. The State will provide 60.921 of the overrun and the City will provide 30.08% of the overrun. 2. If, upon receiving bids for required material in the Requisition Phase, the cumulative total of the bid or bids cogs not exceed $13,000.00, the State will recommend award of the bid or bids. Unless, in the sole opinion of the State, it is determined that the purchase of additional material with any remaining funds is in the best interest of the Project, the State will not purchase material in excess of that requested in the City's proposal and as shown in the Project Desir)n Plan. Any overruns which occur during the purchase of any additional material shall be shared by the State and th6 City on the above determined pro-rata (cash) basis. 3. If, upon receiving bids for the Construction Phase of the Project, the lowest bid exceeds S3,_Qeo.00, the State will promrtly notify the City. If, in the opinion of the State and the City, but at the final option of the Stare, it is determined that it is in the best interest of the Project to provide additional funds required to satisfy the overrun, the State and the City will share the cost of the overrun on the above determined pro-rata (cash) basis. 4. If, upon receiving bids for the Construction Phase of the Project, the lowest bid does not exceed S-18.080.00, the State will recommend award of the contract. If during execution of the contract it is determined that sufficient funds aye not available to complete the work, the State and the City shall share in the cost of the additional funds necessary to complete the work on the above determined pro-rata (cash) basis. Page 5 of 8 I it A 1 1 j 5, If, upon completion of the Requisition Phase and the Construction Phase of the Project, and after final project closeout and accounting has been accomplished by the State, it is determined that all available cash funds were not fully u ilk the State will return the above determined pro- rata (cash) share of any unused funds to the City. ARTICLE 6. Disputes. Should disputes arise as to the party's obligations under this Agreement, the State's decision shall be final and binding, ARTICLE 7. Amendments. Changes in time frame, character, cost or obligations herein shall be enacted by written amendment. Al amendmentscontt-i Agreement must be exeo-,ed e b1 both parties period specified in f ARTICLE 8. Successors and Assigns. The State and the City shall not assign or otherwise transfer its rights and obligations under this Agreement except with prior wre assignment oritransfersshallfbehnullhandpvoid. any pr 1 ARTICLE 9. Remedies. violation or breach of contract terms by the City shall be grounds for termination of the Agreement, and any increased cost arising from the city's default, breach of ohallolation of terms shall be paid by the City. considered as specifying the exclusive remedy for any default, teither e party s and existing shall be cumulative. may be availed of by ARTICLE 10. Insurance. At the time of execution (signature) of the Agreement by the City, the City shall attached required insurance documentation to each Agreement counterpart. If the City is a self-insured entity and performs any work on the Project with City Forces, the City shall extend the protection of its es arising fromtthehCity'sepefor any rformancedunder damages and injuries 9 this Agreement. Page 6 of 8 I I II .d I t 1 1 Il entity and performs any if the City is not a self-ins work on the Project with city Forces, the City shall furnish the ; State with a completed certificate of insurrance•(SDHPT Form 20.102), and label such documentation E If the City performs any work on the Project through a contractor jr contractors selected through the City's low-bid procedure, the City shall require its contractor or contractors to furhish the State witha completed Certificate of Insurance, (SDHPT Form 20.102), shall and contractors maintain such insurance during the term of the Agreement. ARTICLE 11. Gratuities. State Department of Highways and Public Transportation Commission policy mandates that employees of the Deppartment shall not accept any benefits, gifts or favors from any on doing ness with the business or who reasonably speaking may d State under this contract. The only exceptions allowed are ordinary business lunches and items that have received advanced written approval of the State Department e of nighwaysbusineuslic Transportation Engineer-Director. Any p or who may reasonably speaking do business with theta to ufavors i this contract may not make any offer of benefits, gifts to Departmental employees, except as mentioned hereabove. failure result in on the etepart of t rmination oflthisoc cadhere ontract. this policy may ARTICLE 12. Termination. This Agreement may be terminated by any of the following conditions: A. By mutual agreement and consent of both parties, a. By either party upon thirty day, written notice to the other party. C. By either party, upon the failure of the other party to fulfill its obligations as set forth in this Agreement. D. By satisfactory completion of all services and obligations described herein. Should the City terminate this Agreement, as prescribed any reasonable costs incurred byethetStatef the State, reimburse above, the City Page 7 of 8 F b i f { f1Y Il I` Iri 1 1 IN TESTIMONY WHEREOF, the State and the City have executed duplicate counterparts to effectuate this Agreement. f I THE CITY OF DENTON THE STATE OF TEXAS Certified as being executed for the purpose and effect of By: activating and/or carrying out (Signature) the orders, established policies or work programs heretofore approved and authorized by the State Highway and Public (Typed Name and Title) Transportation Commission Date: By: - i Henry A. Thomason, Jr., P.E. j Deputy Director, Field Operations { j Date: I Page 8 of 8 t - I I I f ~ I r U.S. HWY 77 BUSINESS EN[4R6ED VIEW Of MED/RNS TO Of LANDSCAPED n• q , tl i1 I 1 Cl e i i CITY COUNCIL a rt a o0oo~~0pp6000D~~~~o 000` ro00~; + O «4r~~OO ~ r t +~cJ' , u ~ N ♦.2a ~ I j h CITY COUNCIL REPORT FORMAT I 1 Mayor and Members of the City Council T0: ` FROM: Lloyd V. Harrell, City Manager SUBJECT: Dedication of Lot 14, Block A, Audra Estates for Street Right-of-Way RECMMENDATI0114 , Approve ordinance to allow public access to the East Oaks Addition SUM~? I The owners/developers of East Oaks Addition, Schneider i justice Incorporated own Lot 14 Block A, Audra Estates. They propose to construct Oak Park Drive This cting t Oak Stet. 0aksnAdditin ountilTfuturerdevelpment across thi; will lottfr m East Oaks Addition h street occurs. BACK(~~ROOND There are two alternatives to dedicate this lot as a public street; 1) East Oaks Addition could be processed as a replat including toot 14, Block A of has chosen Audra Estates. 26ePa[ate/doBlock A cument.ofTheddevelopersOf a theepr dedicated property as right-of-way by the later. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: ' This dedication will have minor impacts on the Engineering and Transportation Department and the Utility Department 4 FISCAL ACT= This dedication will [equine the maintenance of an additional 115 feet o r residential street and water main. it 0773E I V ORDINANCE NO. AN ORDINANCE ACCEPTING THE DEDICATION OF LOT 14, AUDRA ESTATES ADDITION, AS SHOWN IN THE DEDICATION DEED EXECUTED BY SCHNEIDER Q JUSTICE, INC. ATTACHED HERETO, FOR STRLET AND UTILITY PURPOSES; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: = TION I. That the City of Denton, Texas, accepts the dedication of purposes, as offered by dedication deed executed street by S hneidert~ Justice, Inc., dated March 8, 1990, a copy of which is attached hereto. ffQUON II. That the Department of Planning is authorized and directed to let the real property dedicated be designated as a public street on the Official Map of the City of Denton, Texas. ' st?CTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1990. \~-J BOB CASTLEBERRY, KhYOR ATTESTS JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY c BY: - 39036 , 1 ~ I i A D1 rw-DD1T.fa TXN STATA Or TEXAS I COUNTY Of D[NTO! I i That Schneider a justice, LAC-, hereinafter known ae orant0r, for and Consideration of the sutue advantage to endue to the Grantor aM the City of Denton do ' by these and th prseenta dedicate to the use of the public e city of Denton, Teens, for the purpose of streets and utilities the following described property, to-rite All that certain lot, trust or parcel of land lying and being situated In the city and county of Denton, state of texas, being all of Lot if, flock A, Audre fstotee, as shorn by plat recorded in Cabinet 0, Slide 190, flat Necccds, Denton County, Texas) The rscltat ion of Consideration harem la foe tbe purpose of providing Cone lders[SOq a• eegvired by lee t0 cause this dedication to be effective and binding on all parties hereto. This dedication, does not In any ray enhance the value of any other property now weed by said { grantors. TO NAVY AND TO NOW the hereinbefore described proopperty to the public f and the City of Denton. Texas for streets and uttlitlas fotwr. NITNISS our hands this the _Z.._ day o 1190. c ne es, rse eo! ry a hne der A Justice, Inc. THI STATE Of T1LUM j COVN'ff Of DNNTON L do of ~ ~ 1910, before so t • u rs fined Notary Public, peso . T appear eery so er, personally knere to w lot proved to ee on the baale of satisfactory evidence) to be the person the executed the within lestruaeot on behalf of the trust and ackACrledged to ee that the trustee executed it. I ~r~ (/j C/lj =A.BAMM as), o, tote o exaa w,aerar.r(~y Il Accepted this the _ day of , 1990. CITT Of DEMON, T2W all , CITY Of UNTOW, 17AM APPA M As TO riOAL "M IBM ADAM MAMMON, CITY htNRM CITY Of DEMON, MW V en f • I JJJ 1 ..l.r. [ L.A.I. ro. p ILt.r. 1 /.It.,1. ro, ,II I,~, nnw 71rrlY. I-7171 Ip MY[I. I~lIJ7 'i YIN ,.F 6 DO 6 101). IN 07•26'22• [ ONNfR9 / [Ifvf[OPfA9 i.I 6('eX• ' FF C~ 1.76 X w""•w i rvn~w....r T1:32~ SCHNEIDER C JUS7ICE1 INC. j urr r «"L r µ N + r- im OAK HILL DRIVE 'SI'DO• e7x, e0' 1i 6e'11'7e• L 1 66'77.76• DENTON. TEXAS 76201 • ( 1 : n: _ _ _ x61. W' a w0. _ 10171362-0330 R. R. A rrlr a w.tr m r j 1 [ = 1 1 • J 1 • •;r;l .r +F el t O ' • • a.>. r or N r+~ ti14 • l.~:K'•'J ~A. ♦A.IA•- eKIK+.- L~ lr'a { ."1 2I 1 (idBIS i+ r 1• ravel w 7tL 1' 7JY. aL _ >•L i 2L w~ a L I~ e . • 1 ~ w . i wY~iir J [ ~ t / M' p y • r. f' tYt.- y.ti ~i 1 r~ 2 1 a I .F.ZL O , p R I r [ b 1 1 (p 1t le lO~ln Ir-~~ , Iw u 10.x7' . ~ S u N ed'SX'00' M 16e. ex• y ~N 66,17.7e. Y r , I I I 716.29' in in is b'1 '2K D• Y ID0.21' 1 1 1 03 26'22' N N LAM, tt I N 16.77']e• X 110.00' ~ PROPOSED rrrrcA for 1 4M i 1.1= ~:w STREET DEDICATION in -IR r\..N rr,INY " Imo.'.' rw y.n lu. 1. 1. • 4 Fr , Jnw wMrr11 l r,... M 11 t1 11 i • I.r YI Nw w.`Y .i,N w. IM r Mrnl Y V 4 •w 4N ,Y. 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EAST OAKS ADDITION PHASE I Tilt"e1 •T- • 7I ItMtn1 Um • KM A W - ttM11t • Pelf 1111 Nrwr AJO • 1 nrw le t R Mr t1. hr..r NMI N rNr M .~.I. N r..r M 1.111 11 J► t11M1 R qtl ~ A ltr 1 X.~IY 1, qI. t M flH1 h 1 Iwrw Y N.u rw N • w r,l Ir «.Yr .a W P.TespcT-cti KJA • t•ntt- .Sn1 1 JO7Y I. 7.111 ACM M M LL.- Ia1114n1 Lim N.[. K. 1 P.M.R. Rto. 11111tfl, NM C grid! 1471 AM tut Xl.• Dt 11 ltl 61.1. U7r 0•qY/ql OrN16r tpR/ W "s O. t: o-11nr11 I«It. OMr.0~ SGALL DATE 706 NO, ct,- CINNNIl<II two ("1t. tad. t I' • 100' all NA6 60 g00xr-f I I o 1111 tiB,"L ++•oe oi'1 + r 7447 /G° II` LILLY 3Loll VEY h-T52 VII ! BLO K IR ~a~.~' at wo 6064 "ol ^ a y. Ila 'r A" I j No 1 nu u • ' r, ✓ 1 ✓ N CV /IQ : 7•n LATTIMORE STREET 01411, ' rY/i 7 klr •or +°a •I o roo ao aer t r R " YR • I~'FO s il LATTIIIIORC 41sT, ' r'7 i uyfA All, r 777-77- I. 01+0121"If w 31+ 35 ' /01 07 0 l, IJ a Oco J © i wf V r n - 07 J/ is d;Ir3' 1 .e n ~ I r74 0 ✓ / k •~'lk IN 6"I'l'ti1'MUT =Y1;1- 'er.oc ' PROPOSED -0 84 roll 7 1•~•°' STREET DEDICATION { 5e,a u~ N[NWry RO A LAM • 1 J ~ v°r at o+ e~ ra ~ I n ~ C COS 4e un- t 'I~ I ~ 4 9 ~ !q w r I S ✓ a ~ 1 C' I n / 1 H'71'IS-~ ISLZO 1 1~ , ✓ , r°" ' I o W u o 3~ fYI~' Iv /~lITR st • S aL ✓ `l... 01 ©I i Tom[ l t4 .r 11'R IJI II 11 Y.✓ ' I OAK 7R~>t~ca'f°'.al► 'f►'1~•t9 •~r A 47I~ W E--~srt+ ~ /p0= 71 i1 700 ~ I f • / r% q^,,I!~1+!= 0~ Q> r 1 ©~L'' , R: f~" q O✓ a LOCATION MAR r .Hi1f0~0f,3.`CSCOwlurlpn 3!rt I" • 2A00 / ' (-n 37+'wwl CSwi Will "w r6tltf' - . ^a CURVE DATA ! I • N L r I~ I' _~i ! j s 3 + :!1 NSn JurMS 1^~2 ' IS r4 IS / I+ ~J` • .M 177. t+ M714 D71 3i'`"I 1 1 1~ 6J• ✓ I E l1hTiY it0.7s NOS 4l 11 w IN.14 It. St 4619 _L.. .L_:._~.L~y._r~ 1~1Fh~ IN 117,11 t+.l 14.14 r'Ca ♦ ''1-- 1 t I4,193r 13711 34.42 Ir 3o 7 a wt11 4441 xiw l/ P14AL ►LAr I AUDRA ESTATES h +414+ 4 14141 so is Ott ill 14 N 1. all SURYRY A-36 4 t./. a p A.A. to. Loll A-1410 CITY a COUNTY of OtN10N, ril 1 1 I Y ~ j i i ~ i t -V+ 1 rftttt - i+i♦ 'i F4t 1.11.1 1 i VCITY T f : COUNCIL + II i $ 1 s ♦ L - - - - - - - - - - - - - - - - - - - - - - - - - - oaoaaooa 00 , ti Q iait.~r'o~°; °oQ C s O i tll: ~ +L i:1i3.0 j O k ~ E rr~J' I, T .t+• . r ~~,1 t f r ..4i $ 4 4 1 lei .ll 4 i ?i I tt ~ + ♦31 1 . L. ♦ ♦ 3 11.. L.1~ 11 .1: .1 t ~ i i TEXAS STATI? LIBRARY tr y, LOREN'ZO DE ZAVALA STATE ARC[I[VEiS AND LIBRARY BUILDING [ION L 2927, AUSTIN, TEXAS 78711 Texas State Library Wiliam 0. Gooch and Archives Commission Oireclor and Librarian October 13, 1989 Dcar Local Government Official 1 We are pleased to send you the enclosed booklet containing the text of the Texas Local Government Records Act. Enacted by the 71st Legislature, the Act governs the destruction, preservation, micro' ~Iming, electronic storage, and other disposition of the records of all local govenv(,ents. We suggest you bring the contents of the new legislation to the attention of your governing body because the Act does require the governing body or officers designated by the governing body to fulfill certain requirements. We draw your attention particularly to two of these: By June 1, 1990 to designate a records management officer (RMO) to coordinate records management activities in the government. The RMO need not be a new or full-time employee, but may be a current employee serving as RMO as an additional duty of his or her office. By January 1, 1991 to adopt by ordinance or order, as appropriate, a records management program, the extent of which to be detennined by each local government. The Local Records Division of the 'T'exas State library is preparing guidelines and policy models that local governments may use in meeting these and other requirements and is ready to assist local officials and records management officers in fulfilling their obligations under the new Act. Please call or w6te for additional information or if we can be of assistance. AN EQUAL OPPOMUNI FY EMPLOYER Admmrsu4f,on 1512) 463 5460 Inlwmatlon5<n'cea (512)4635455 Adminlslralwe Sernwa (512) 463 $474 LiLWaq Development (512) 453$465 Arcnwes (512)4615<60 Local Records (512)4" V78 Daaploussng (512) 451-5461 RecordsManap",11 (512)15x'2lQS 6imd and PhysKaPy Handcapged (512)453 $450 } , I E 1P Il i 4 1 2946L i r RESOLUTION NO. A RESOLUTION DESIGNATING THE OFFICER MENT E UENTON Er TEXAS Y AS THE RECORDS MANAGE- WHEREAS, Section 203.025 of the Local Government code requires j )ody of each local gover records management officer; NOW, THERE ORE, nment shall designate a that the governing BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON! SECTION 1. The City Council hereby designates the City Secretary as the Records Management officer of the City of Denton, meeting, is hereby ordered to be entered into Texas# an minutes of this designation the SECTION II. The City Secretary is hereby directed to report this des gnat on to the State Librarian within 30 days. day of May, 1990. PASSED AND APPROVED this the i BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORME DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BYE I 1 r i i t. ICITY 1 l COUNCIL= I Ir + r r I ~oOQO o~I ~ ~D QC i + opppa ~ 'o ~ 4%, 4 L~ I ~ ♦ I i ~ l ~ . p f r E pS1 f k 7.906E RESOLUTION NO. A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR AMBULANCE SERVICE; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: c SECTION I. That the City Council of the City of Denton, here- by approves an agreement between the City of Denton and Denton County for ambulance services, a copy of which is attached hereto and incorporated by reference herein, and the Mayor is hereby au- thorized to execute said agreement on behalf of the City. SECTION II. That this resolution shall become effective im- mediately upon its passage and approval. PASSED AND APPROVED this the day of , 1990, BOB CASTLEBERRY, MAYOR f ATTEST: JENNIFER WALTERS, CITY SECRETARY f BY: fl APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCHO CITY ATTORNEY BY: I E i i { I~ i t it E~ ~I ~L ~I f CITYoI DENTON, TEXAS MUHICIPAI BU11DlHO / DENTON, TEXAS 78201 / TELEPHONE (8 f ;P) 6BE•8307 Office or the Cu/ Mon.per i M E M O R A N D U M I' ~ I TO: Lloyd V. Harrell, City Manager FROM: Rick Svehla, Deputy City Manager l DATE: May 11, 1990 SUBJECT: County Contract for Ambulance Service I We have had the final review of the contracts from the county for ambulance service. We were finally able to get the contract from them and review it Internally with Staff. Fire personnel have reviewed the contract. The revenue numbers ` are a little bit less Uan we projected, but those projections f were made befora j11 th? discussions about the rollback took place. We think the contract is a approval. ppcopriato and would recommend P'-'r -Q4- Deputy Deputy City Manager Rs:bw 500gM f I A f I 11 ii 31 1 ORIGINAL i THE STATE OF TEXAS X COUNTY OF DENTON A INTERLOCAL COOPERATION AGREEMENT FOR A,bIBULAN - SERVICE i THIS AGREEMENT is made and entered by and between Denton County, a political subdivision of the Stale of Texas, hereinafter referred to as "rOUNTY", and the City of Denton , a home rule municipal corporation located in Denton County, Texas, hereinafter raferred to as "CITY". WHEREAS, COUNTY Is a duly organized political subdivision of the State of I, Texas engaged In the administration of County Government and related services for the benefit of the citizens of Denton County; and WHEREAS, CITY is a municipal corporation, duly organized and operating under the laws of the State of Texas and Is engaged in the provision of ambulance service i and related services for the benefit of the citizens of the City of Denton; and WHEREAS, CITY is an owner and operator of certain ambulance vehicles and other equipment designed for the transportation of persons who are sick, Infirm, or injured, and has in its employ trained personnel whose duties are related to the use of such vehicles and equipment; and WHEREAS, COUNTY desires to obtain emergency medical services rendered by CITY, as more fully hereinafter described for the benefit of the residents of Denton County, Texas; and WHEREAS, the provision of emergency medical services Is a governmental function that serves the public health and welfare and is of mutual concern to the contracting parties; and 4 4 i I r i 3 L i WHEREAS, COUNTY and CITY mutually desire to be subject to the provisions l 1 of Tex. Rev. Civ. Stat. Art. 4413 (32c), the Interlocal Cooperation Act and other applicable statutes and contract pursuant thereto; NOW, THEREFORE, COUNTY and CITY, for the mutual consideration hereinafter stated, agree as follows: r. The effective date of this agreement shall be the 1st day of October, 1989. [I. I The initial term of this agreement shall be for the period of October 1, 1989 to and through September 30, 1990. Thereafter, this agreement shall be renewed for successive additional one year terms commencing on October 1st of each year If the COUNTY and CITY agree In writing on or before the first day of September, to the aiiount of consideeration to be paid hereunder for each successive term; provided, i however, that each party may terminate this agreement by giving the other party written notice of Intent to terminate sixty (60) days after such notice. llL As used herein, the words and phrases hereinafter set forth shall have the l meanings as follows: A. "Emergency" shall mean any circumstance that calls for Immediate action and in which the element of time in transporting the sick, wounded or Injured for medical treatment is essential to health or life of a person or persons, Whether the aforementioned circumstances in fact exist, is solely up to the ciscretlon of the "CITY". For dispateh purposes only, "emergency" sht Il include, but not limited to: 1. The representation by a person requesting ambulance service that an immediate need exists for such service for the purpose of transporting a person from any location to a place of treatment and emergency medical treatment is thereafter administered; (2) I t i i i 2. The representation by a person requesting ambulance service that an immediate need exists [or such service for the purpose of transporting a person from any location to the closest medical facility. B. "Rural area" means any area within the boundaries of Denton County, Texas, and without the corporate limits of all incorporated cities, towns and villages within said COUNTY. C. "Urban area" means any area within the corporate limits of an incorporate { i city, town or village within said COUNTY. D. "Emergency ambulance call" means a response to a request for ambulance service by the personnel of CITY in a situation involving an emergency (as such word Is hereinabove defined) through the instrumentality of an ambulance vehicle. Within le call might involve the transportation of more than one the meaning hereof, a sing person at a time. IV. A. Services to be referred hereunder by CITY are ambulance services normally rendered by CITY, under circumstances of emergency as hereinabove defined, to citizens of COUNTY. p. The City of Dentons Fire Department shall respond to request!. for ambulance services made within designated rural areas of COUNTY. C. It is recognized that the officers and employees of CITY have duties and responsibilities which include the rendition of ambulance services, and it shall be the responsibility and within the sole d1sc,0lon of the officers and employees of CITY to determine prioritles in the dispatching and use of such equipment and personnel, and the judgment of any such officer or employee as to any such matter shall be in all things final. (9) 1 i F t, `a I L r ~ t J V. The COUNTY shall designate the County Judge to l act on behalf of COUNTY and ' to serve as the "Liaison Officer" between COUNTY and CITY. The County Judge or his designated substitute shell insure the performance of all duties and obligations of COUNTY herein stated; and, shell devote sufficient time and attention to the execution of said duties on behalf of COUNTY in full compliance with the terms and conditions 1 I {I of this agreement; and, shall provide immediate and direct supervision of COUNTY'S employees, agent, contractors, sub-contractors, and or laborers, if any, in the furtherance of the purposes, terms and conditions of this agreement for the mutual benefit of COUNTY and CITY. VI. i CITY shall Insure the performance of all duties and obligations of CITY as herein stated; and, shall devote sufficient time and attention to the execution of said duties on behalf of CITY in full compliance with the terms and conditions of this agreement; r and, shall provide Immediate and direct supervision of the CITY employees, agents, i contractors, sub-contractors, and/or laborers, if any, in the furtherance of the purposes, l terms and conditions of this agreement for the mutual benefit of CITY and COUNTY, ~J VIL For the Services herelnabove stated, COUNTY agrees to pay to CITY for the full performance of this agreement, the sum of TINO HUNDRED SIXTY SIX THOUSAND FOUR HUNDRED THIRTEEN AND NO1100 ($266,413.00) DOLLARS to be paid In equal quarterly payments of SIXTY SIX THOUSAND SIX HUNDRED THREE AND 25/100 ($66,603.25) DOLLARS commencing on October 1, 1989. The remaining payments shall be made respecllvely on or before January 1, 1990, April I, 1990 and July 1, 1990. I i .i f I f vnl. ~ COUNTY agrees to and accepts full responsibility for the acts, negligence, and/or ~i omissions of all COUNTY'S officers, employees, and agents. IX. In the event of any default in any of the covenants herein contained, this agreement may be forfeited and terminated at either party's discretion if such default } i continues for a period of ten (10) days after notice to the other party in writing of such default and intention to declare this agreement terminated. Unless the default is cured aforesaid, this agreement shall terminate and come to an end as If that were the day originally fixed herein for the expiration of the agreement. { X. { This agreement may be terminated at any time, by either party giving sixty (60) days advance notice to the other party. In the event of such termination by either party, CITY shall be compensated pro rata for all services performed to termination 1 date, together with reimbursable expenses then due and as authorized by this agreement, In the event of such termination, should CITY be overcompensated on a pro rata basis for all services performed to termination dale, and/or be overcompensated reimbursable ~J expenses as authorizes by this agreement, then COUNTY shall be reimbursed pro rata for all such overcompensation. Acceptance of such reimbursement shall not constitute a waiver of any claim that may otherwise arise out of this agreement. XI. The fact that COUNTY and CITY accept certain responsibilities relating to (5) 4 Y r I Y i (1 S t '1 L the rendition of ambulance services under this agreement as a part of their responsibility for providing protection for the public health makes it imperative that the performance of these vital services be recognized as a governmental function and that the doctrine { of governmental immunity shall be, and it is hereby invoked to the extent possible under the law. Neither CITY nor COUNTY waives or shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising from the exercise of governmental powers and functions. { XII. This agreement represents the entire and Integrated agreement between CITY and COUNTY and supersedes all prior negotiations, representations and/or agreements, either written or oral. This agreement may be amended only by written Instrument signed by both CITY and COUNTY. XIII. This agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. XIV. In the event that any portion of this agreement shall be found to be contrary to law, it Is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. X V, The undersigned officer and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and are now In full force and effect. (8) a i 4 i i } t f f t f 4 1 t f i 3 Executed in duplicate originals this, the day of 1 1989. 4 COUNTY OF DENTON BY: BY. I COUNTY JUDGE i ATTEST: ATTEST: BY: BY: DEPUTY, COUNTY CLERK ` „CITY" f I~ BY: MAYOR Ray Step ens FAT' 11 APPROVED AS TO FORM AND CONTENT: i Rob Morr 3 ATTORNEY FOR DENTON COUNTY i i i i i t 4 } t r STATE OF TEXAS X i COUNTY OF DENTON i BEFORE ME, the undersigned authority, on this day personally appeared the Honorabl ! Vic Burgess, Denton County Judge, known to me to be the person whose name p is subscribed to the foregoing instrument and acknowledged to me that he executed the foregoing Interiocal Cooperation Agreement for the purposes and consideration therein expressed, in the capacity stated, and as the act and deed of said County. GIVEN under my hand and seal of office this the day of , 1989, 7 Notary Public in an or the State o Texas. My Commission expires: Notary's Printed Name) I ! SEAL THE STATE OF TEXAS X i COUNTY OF DENTON X BEFORE ME, the undersigned author6/, on this day personally appeared, t known to ne to be the pt.son whose name is subscribed to the \_1 foregoing nstrument and acknowledged to me that he executed the foregoing Interlocal Cooperation Agreement for the purposes and consideration therein expressed, and in the capacity stated, and as the act and deed of said GIVEN under my hand and seal of office thi3 the day of 1989, Notary Public In an or the State o Texas. My Commission expires: _ (Notary's Pried Name SEAL I I i R i I 1 I I I IKO f 1 I I 1 I ~ , J I 1 1 ~ 1 1 N ~ I I b 1 I 110 I 1 lo~ 1 1 1 ~ I I C , I 1 O ,Q NC^.b~"7CY f1Y~ 1 1 2r o r 0v oI l n I y y M^t C7 ~'1 nN 7 1 H 1 N t 1 y M a N N `C y ~ ~C ; ~ i OH y ~ N f1 1 N ~ Iii 1 ~ rn m i i ~ 1 N x , ~ , I I 1 I I I I I ; f 1 ' , 1 1 , 1 I , I 1 1 ~ I , I ry I , O I , I ~O 1 A W Y N W V J I 1 i 1 ~O t lP oo II m J ~ s+ 0 u V V~ lr' P O I Z 1 I v o wv~o ov~vl .n ulo+ I IN 'J O 000000000; ; I 1 I I 1 { I ~ 1 N 1 1 N , yl 1 1 N I H 1 I J i~ b 1 to I I , N I I I N I V 1 I 1 iC+'~ I 1 I d 1 1 ~ Y O yI \ J ~^A A V N WNQI f M71O 1 , ~ N W I-'OWNANPmNl1 1 I A 10 VI 1/'J'OITOONOV' 1 O 1 1 N O 0 0 0 0 0 0 0 0 0; 2 ' 1 1 1 N 1 , 1 1 A P I I 1 01 I V I I H a 1 IP iYMi 1 P , nl , 1 W , , I I i F f CITY COUNCILS ' o~ppp00000p~~~,GO . GGO ` "f D~ ~ p0~ 0~0 f ~ a O~~ y r f +~ti' i CCU i 1 I I r I JCITY 3 COUNCIL Y~ r I I _ Y' I a I ooOQ O99 ~ QO ~O~U ti A o _ppG~~ ~ Og c s G O ~ C d O 4 o~DOn r o K t 6 a` ~y a 3 1 ( t i 'tt 1 I I f 1 CIT`r' CIF fIFNTtI14 1•IFiIi IFr NI t Ill DnTf T0: hlayr~r iI Cit. 'to_r?r I F`F'AT'l 1.1 nyri V. F4,r,rr oll Ciby hlan ar7 r?r IIP.TFF:CT: TEtlPDF;gFiY CI OtiTr1G 0F CI)fi F,FFS L- STFFF- T G I'IFi "CilC1C~lIR DAY" i RFf, fIMMFNDAT_i_f7N , i That; Council approve the Rrolution TPalprRrArily Closing Congress j 'street. PetwEen Al ict Street and Denton Street On Friday, May 18. 1990; and Providing an Effective D,ite. SUMMARY: The A.O. Calhoun Iuniar High Schonl FT0, in conji,inr_tion with the Calhoun Junior High Sr,hr_~) 1 Administration hat, rEppr_estpd the +-1osr.rr-e of Crmgres,s Stree?t hotwepn 01it7 e Str9c-t, and Denton Str-Et., on Friday May 18, 1990, hetwoun the hon_wc of 3:00 p.m. V\ / rind *9)") p.m. 1h75 swond rOIJl.PF -J if'I nBC c?',;7 .~r'y givEII 'the rc,stponemr-,nt ref C'rr.lrlr!r D~iy can May 4. 1990, dl,e to rain. The only r 1o57 flPn t'~, hiii, ljrii?:sk i and11 or prop er't`, OV1rlr?rF, that. Pr"P, affeectrfd by t:he strlcet el c,edtli e i=.. the Divntr,n Snderr=rrlderit Si hc)o1 Dist:r'ict. T7rey have barn rrlnt4f-kc,t± .arrcl h,'r~.ct ;ifIn,vd in f.-,cvr,,r-. Perth Fire Chief J_Irrn Cry 11 :1rtcl Fr,ilite- C'+arot ain Jim Dot snn have been r:or ii,ac_tr'd ahrlut t.hr? r.lcl~;Iit(n and cr:''rnrr.rr t'riilr thF, rseeommendAt ion to ppr ove the rP;ulut_ir+n. FrceparrA Py: JE tr- IVvva, Tr-., fl'sit.tant to the City Marroger z/ PpprOVPLJ Ery: l_:I oyd V. Hor r of 1 , Ci t y M,an.ignr 1 a 2929L 1 i RESOLUTION NO. A RESOLUTION TEMPORARILY CLOSING CONGRESS STREET BETWEEN ALICE STREET AND DENTON STREET ON FRIDAY, MAY 181 1990; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on Friday, May 18, 1990, Calhoun Jr. High PTA is sponsoring the annual Day of the Cougar fundraising event, to be held on Congress Street between the intersection of Alice Street and Denton Street; and WHEREAS, all property bordering Congress Street between the intersection of Alice Street and Denton Street is the property of Calhoun Jr. High; and WHEREAS, the Day of the Cougar fundraising event is open to the general public of the City and County of Denton; and WHEREAS, in order to provide adequate space for the said fund- raising event and in order to protect the safety of citizens who attend, the City Council of the City of Denton deems it is neces- sary to temporarily close a portion of Congress Street between Alice Street and Denton Street from the hours of 3:00 p.m. until 7:00 p.m. on Friday, May 18, 1990; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the portion of Congress Street between Alice Street and Denton Street shall be temporarily closed as a street or public thoroughfare of any kind or character whatever on Friday, May 18, 1990 from 3:U0 p.m. until 7:00 p.m. for the purpose of holding the Day of the Cougar fundraising event. SECTION II. That the City Manager shall direct the appropriate City Department to erect barricades at Congress Street, from its intersection with Alice Street to its intersection with Denton Street, at 3:00 p.m. and to have the same removed at 7:00 p.m, on on May 18, 1990. SECTION 111. That this resolution shall become effective im- mediately upon its passage and approval. PASSED AND APPROVED this the day of , 1990. BOB CASTLEBERRY, MAYOR 4 1 i 1 p t i l 4 ~ I It tF t 1 ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: I DEBRA A. DRAYOVITCH, CITY ATTORNEY i L f' Z `L BY : I r I I PAGE 2 REQUEST FOR STREET CLOSURE Organiza on requesting street closure i Contact Person' 2J r ' 06015 Address:- Phone Number: ~3 ! aQCI Street To Be Closed: Date and Time To Be Closed: 3:oo M!! + l 7; o I tersectinq streets: ' )h{ ;-t~ Reason For Closure: Please complete the bottom portion of this form. AST residents and/or businesses affected by the street closure BUST be contacted and sign below with an indication of being in favor or in opposition to the street closure. NAME AUTHORIZED OF BUSINE~S _ SIGNATURE FAVOR/QPPOSE 1. Libz4t, SR. i~c)6~ Assistant Principal 2. 3. A44k' 16 k5~- Assistant Superintendent, Denton Independent School District 4. 5. 6. 7. 8. 9. _ 10. 2983C/5 II,' } i 'i MAR 2- MAW ~ I q~lo f CITY I "i it /Le aj, j,, ~"e) 76 Ina~ o~ 7,' oo m. 140 ke % i _ T1 f ~ i '"'IitIZ i ~4r f t I :CITY COUNCIL +r $ x I r ~1+ 1~ + 1 + r } i7 I a 11 t~ + It 1.T ~ y 1{ 1Iy + 4 1~. 411} { .y1JJ 117#!}-T~ yT 1M+t~~~4 L~-1-f 1~ +.i.l.1 t ; If I 1 ~ t~J+Oti r c c Irl s + tai 'o c° 7. y .~L a if:~l«l.fi $}i121.1}~1 Ll +♦4 t i. Jtt+~f } 11~J JJ 1. ~ J . JJ 4 . 1 ♦111 ~L ~J+ flies J+F a !.•.J~ ~ l i ,J.t J r ~ ~ii# if.+ ffJ i _a 1r, .J .J t. I 1 E r. i 4 f 1 1 1 1 1 CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 /TELEPHONE (817) 568.8307 Office of the City Manager M E M O R A N D U M i TO: Mayor and Members of the City Council FROM: Jennifer Walters, City Secretary DATE: May 11, 1990 SUBJECT: Sack-up for Agenda Item 1 8 I Currently the members of the Joint City of Denton/Denton Chamber of Commerce Economic Development Board are Ray Stephens, Lloyd Harrell, Betty McKean, Bob La Forte and Hugh Ayer. This item has been placed on the agenda for consideration of a replacement for Ray Stephens. I i ` I Je fer W t rs 2727C/2 i +r +1 1 i 1 trlY r + PfCITY COUNCIL tl i . 1 ~yyy 111♦ +r~, 1 .a1 1 1} l J 1 11 1 Z + 1 f p00000up ~ F t# { Op0 0 ~ a ~~pJn`t 1 „~1+00~a amfpp 1$. :t tip ` o ~'oo k tt ~{.1J J7~, o s o tt-±o a r ct. c0# O ~r ~r fy~;.t Op~ r Q N t o ~ J,r t i Jy { 1}{ J f~ 1+J~1 ~ 1 r; ii Vii:. Ir$}{{/it +y t~ Atl.l!# " 1 yJJ t. r t r I11 1 -u 1 1 a.lA _ i 1 ~ ,~i..tJt 1 rJA f ii i 9 1 f i 1 ;t i 0 ~ CITY of DENTON, TEXAS 2161-. ticK(NNEYI DENTON, TEXAS 76M I TELEPHONE (817)56182010 MEMORANDUM DAth: day 11, 1990 1'0: ILoyd V. ilarrell, City Manager ~Mv FROA: John F. IcLiranc, Executive Director of finallh),, SUBJECT: 6UuG0 ALCAY total revenues recognized througn Lite end of April were $19,421,730 which is seventy-three (73%) percent of the total 1989-90 budgeted revenues, Interest income revenue is ahead of last year's amounts by approximately $100,000. However, two major revenue sources that are snowing signs of concern are sales tax receipts and police fines. Police fines through the first sevon mouths are down from the same time period last year by $50,000, the Police Department is projecting a $78,UU0 shortfall by the end of the fiscal year. they attribute this to Lite shortage of manpower and their inability to issue citations becausa of that shortage. Sales tax receipts, although they are ahead of lase year's actual {2% growth), are not keeping up with the budgeted projections which l assumed a 3.3$ growth rate. If this trendy continues, a revenue short fall in this line item of $50,000 to $bU,000 could occur. two other areas that d;,l not meet budget projections are the Lone Star Gas franchise amount l$38 MU) and the GEE franchise amount ($1b,Uilj. Lone Star Gas contributes their decrease to a very warm winter and a decrease in gas sales. We Gl'L franchise amount we are having discussions with GCB to determine why the drop this year. Un the expenditure side, total expenditures and encumbrances through April were $15,183,01, which is 5b.4 of the total uudgeted amount of $16,773,414. Last year at the same time 56.51 of the budget was expended or encumbered. (here are a Lew areas which are experiencing increased expenditure demands over budget--one area is the Fire Department overtime. However, salary savings, which were projected for the entire ueneral fund of $lUU,000, are ahead of schedule and we are projecting about $150,UUU to $100,000 in that area. Uverall expenditures seep; to be on target. If you have any questions, or need additional information, please advise. JI'00 of 524ZF _T jJD.1 ' } .S :i Pi'C5 ~ 1 A t J t y~ 1 1 I .1 { E a~ 1 ii y ' II FILE Iti { 1