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HomeMy WebLinkAbout07-10-1990 x Cy1 AGENDA CITY OF DENTON CITY COUNCIL July 10, 1990 Work Session of the City of Denton City Council on Tuesday. July 10, 1990, at 5:15 p,m. in the Civil Defense Room of City Hall, 215 E. McKinney, Denton, Texas at which the following items will be considered: 5:15 P.M. w~;4 Note: Any item listed on the Agenda for the Work Session may also be considered as part of the Agenda for the Regular Meeting. 1. Executive Session: A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S. r 1. Consider Kelsoe vs. City. Richardson vs. City and Morris Vs.- City. f B. Real Estate Under Sec. 2(f), Art. 6252-17 l V.A.T.S. E I C. Personnel/Board Appointments Under Sec. 2(q), I Art 6252-17 V.A.T.S. Discussicn and consideration of Mayor Budget Issues a. Report. i 3. Consider indicating to the Human Resources Committee the amount of funds which will be allocated to the Committee during the 1990-91 fiscal year. s ~ I 4. Hold a discussion and consider a contract with College Station for the sale and purchase of power and energy. Regular Meeting of the City of Denton City Council on Tuesday, July 10. 1990. at 7:00 p.m. in the Council Chambers of City Hall. 215 E. McKinney, Denton, Texas at which the following I items will bo considered: 7:00 p.m. r I Consider approval of a resolution of appreciation for j Jim Darter. i 3 i i I 1 4 R.^r ~ I{ r I, a A • `mss r City of Denton City Council Agenda July 10, 1990 page 2 2- presentation of Yard of the Month Awards Presentation of Governor's Community Achievement Award. 3. 3- public Hearing roval of a A. Hold a public hearing and co ofideDenton, Texas, resolution of the City the Texas nPa ks behalf designating certain officials the City in dealing ant wildlife Department t p arcitypaas in the lerto programs certitying the Programs. (parks andeiv RecreationCe Advisory he Board recommends approval.) g Consent Agenda the Staff and Each of these iteM is re me debasys of the staff approval thereof will be strictly on the i 40 Approval of the Consent Agenda authorizes the recommendaManagerions r his designee to implement each item in city t accordance with the Staff recommendationsurchase orders to be Listed below are bids and p tached to the approved for payment under infthe ormattionnaise atsection Of the agenda. Detailed back-up This listing is provided on item Members to discuss any ordinances (Agenda item 5.A)-Council consent Agenda to allow Ordinance. Prior to approval of i i A, Bids and Purchase orders: 1- Bid #1110 - Type 1 Ambulance 2- Bid #1118 - Truck Beds and Bodies 3- Bid 01122 - Air Switches 6- ordinances 1 an ordinance accepting A. Consider adoption of a providing for the award of competitive bide and urchase Of materials, contracts for the p \ equipment, supp Hied #r service 5 A 3. - Bid #1122-) Bid #1110, 5-A.2. pP atw- r a~w, t~ I I § i 1 City of Denton City Council Agenda Z July 10, 1990, Page 3 pa; s,r. r B. Consider adoption of an ordinance abandoning and vacating a portion of Macy Lee Street, a public right-of-way located within the City of Denton, as more particularly described heroin. C. Consider adoption of an ordinance of the City of Denton. Texas, approving a compromise settlement and release of all claims for pending litigation between the City of Denton and Dorothy Percy. D. Consider adoption of an ordinance approving a I contract between the City of Denton and Minor and Minor Data Base Design for the GIS System. E. Consider adoption of an ordinance authorizing the j mayor to enter into an agreement between the City of Denton and Deloitte b Touche as auditors for the fiscal year finding September 30, 1990. F. Consider adoption of an ordinance of an ordinance amending Section Il of the franchise granted to Lone Star Gas Company by Ordinance No. 82-56 to provide for an amended franchise fee to be paid by Lone Star Gas Company for the use of the public streets. (Final Reading) I 7. Resolutions execute approval of a resolution authorizing the A. Mayor ConaLder Denton and the cities of College Station, Bryan, Denton, Garland and Greenville, Texas for the sale and purchase of wholesale electric service. (Public Utility Board recommends approval.) B. Consider approval of a resolution authorizing the City Manager to execute a contract between the City of Denton, Texas and the United States Army Corps of Engineers t. administer project lands and water areas for recreation purposes and to operate, maintain and replace recreation facilities. (Public Utility Board recommends approval.) I` 8. Receive a citizen report from Carl Young requesting a i waiver of fees -and extension of park hours for a girl's slow pitch tournament to be held in Fred Moore Park. 9. Consider appointments to City of Denton Boards and Commissions. 4 a , r City of Denton City Council Agenda r July 10. 1990 Page 4 10, Miscellaneous matters from the City Manager. A. Civil Service Commission Appointment 11. Official Action on Executive session Items: A. Legal Matters B. Real Estate C. Peraonnel D. Board Appointments i 1 la. New Business: F This item provides a section for Council Members to tt suggest items for future agendas. I 13. Executive Session: A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S. 1 B. Real Estate Under Sec. 2(f), Art. 6252-17 I f V.A.T.S. C. Personnel/Board Appointments Under Sec. 2(Q), Art 6252-17 V.A.T.S. NOTE: THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO EXECUTIVE SESSION AT ANY TIME REGARDING ANY ITEM FOR WHICH IT 16 LEGALLY PERMISSIBLE. i C E R T I r I C A T S f 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 1940 at o'clock (a.m.) CITY SECRETARY 3276C i f ■■■ey~r ~ WC Yild j ,,CN■pl! S CITY COUNCIL s d y ~ oOvU~OtJLO9~ i 6 , i n CITY of DENTON 1215 E. McKinney I Denton, Texas 76201 i i M E M O R A N D U M F TO: Mayor and Members of the City Council FROM: Betty Williams, Deputy City Secretary DATE: July 10, 1990 t SUBJECT: Agenda Backup for Work Session Item 02 Backup information for this item will be provided under cover. separate ,wt Betty Williams Deputy City Secretary 5042M/bw 1 i I 4 'a k Mir] CITY COUNCIL i j v h ti ~ ♦o k ~ s e r 4 oa N• t~ooo ~ L 1 DATE: 7/10/90 r~T4 ^~NGIL REPO TAT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager S118J: Discussion of 1990 Human Services Committee budget allocation. REG^MFNDATION: StafF recommends that the Human Services Committee prepare two budgets for council's consideration. The first budget would be based on the 1989 budget allocation. Tceuw a ten percent (10%) cut from the previous year budget. aecKCiBQM: February riteria , was now Human Services adopted (attached).ittae (HSC) funding c HSC presented Council Doh othyulDamico, teHSCNeeds Chairperson, in November. Ms. survey respondents explained that overwhelmingly, indicated that the foremost area of need in Denton is health care. Following health care, but still receiving significant mention, were lack of affordable housing, substance abuse, lack of public transportation, insufficient child day care, child abuse, fumily violence, lack of facilities for homeless or transient persons and unemployment." The possibility of removing transportation from E consideration by MSC was also discussed. Council directed that this be carried out. Transportation was moved to a separate budget to be administered in the City Manager's Office. Council also decided to provide a budget from which HSC would make allocation recommendations. j 1 On May 16, 19901 Ms. Damico delivered preliminary budget recommendations to Council. HSC's recommendations were ess based on information gained from the needs a ws. sewn and during agency funding hearings. March and April. They provided the Committee with the r financial needs of each agencys for assistance n and concerning fr■ ~ I E hw'a , t r` s e A s r F requesting fund from the City. Information from agencies was provided to HSC through standardized ` questionnaires, Committee members were able to request additional information from agency personnel during the h hearing process. A total of eleven agencies requested funds. Six are currently receiving payments from the City. Five of , those requested an increase in funding. Help Our 1 People Emerge (HOPE) requested that their funding remain at an annual allocation of $5,000.00. , 4 Also attached is a chart outlining the history of human j' services funding by the City since 1973. SUMMARY: On April 25th, HSC voted to provide preliminary budget recommendations to City Council. The pre- 11minary recommendations are based on the Committee's { assessment of community needs and the ability of the requesting agencies to fulfill the needs. HBO indicated that Council may wish to consider the ` preliminary recommedationa when determining the ff new budget figure. ; It was recommended that most of the agencies currently funded by the City received nominal cuts in order to I + provide funding for now services. I The total requested by HBO for 1990 human services funding is $134,700. This figure represents a nineteen ` percent (19%) increase over the 1989 budget. i The Human Services Committee is currently awaiting action { by Council. Upon receiving a budget amount from Council, + HBO will proceed to reallocate funding to the agencies kl~ ! based on the budget amount. These recommendations will i then be presented to Council for their approval and incorporation into the 1990 Annual Program of Services. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: The Community Development Office of the Planning and Development Department will administer the budget and the contractual relationship wito each agency. ; ~[Y4sr+ rMOy j/rp p.a r. f r FISGAI IMPACT: If Council recommends an increase in the human services general budget the fund must administration funds are included in t the increase. sservices budget. Res fe0a-r a tte L1 V. rell City Manager Prepared by, Barbara Rosa Community Development Coordinator Approved: i AICP rank Robb no Executive Director for Planning i Development ' G 1 i 1A'li•" ~ i ~s{■t wew.~ L1 J HUMAN SRRVICSS ADVISORY COMMITTER t POLICIES AND PROCEDURES I. 1 Statement or Purlove of Committ40: The Human Resources Committee acts as an advisory committee to the City Council. Its members are appointed by the Council. The purpose of this Committee is to interact with community groups in order to bring about improvements in the hu-san services delivery system and provide a forum which promotes better communication and coordination among tho agencies, to work closely with the United Way and other funding agencies in order to coordinate funding efforts within the City, to serve in an advisory capacity and encourage continuous in-depth evaluation of the effectiveness of the human service delivery system in Denton; and to recommend to the City Council, actions for implementation that would improve human services in the City of Denton. IL Human Services Defier The term human_ services refers to those services provided by non-profit agencies to be available to targeted groups of individuals throughout the community who are experiencing social problems. Human services are those services designed to address unmet human needs and to improve the quality of life of the targeted population. III. I ~ General Types of Requests to be Considered by the Committee: Human resource agencies, individuals, or organisations currently operating in the City of Denton, and/or new agencies proposing to conduct operations within the City 1 will probably request an appearance before the Committee for one or more of the following reasonst k a. To coordinate their agency's program with other community agencies. b. To disseminate information to the Committee. E o. To request unofficial recognition and support by the Committee. d. To request a letter of support by the Committee and/or an official letter or resolution by the City Council. e. To request financial assistance from the City Council. t IV. General Policies and Procedures for Considering a Reauest by a Human Resource Atonal. Individual or Organintiont The policies and procedures adopted by the Human Resource Committee will apply to all individuals and agencies that have made a request to appear before the Committee. w I m ♦Tr ~ I 'pup. lox {VY K.~ Human Resource Advisory Committee Page 2 i A. The Committee normally meets on the first Thursday of each month. M Agencies or individuals wishing to appear before the Committee shall request to be included on the agenda at least seven (7) working days prior f to the Committee meeting. B. Bach agency or individual will complete and return to the staff prior to the seven (7) working days, a questionnaire entitled "Questionnaire for a ` Human Resource Agency." These will be made available through the City Staff. C. Presentations by representatives of a human service agency will make every effort to limit their presentations to :0 minutes. The Committee reserves the right to interrupt or halt a presentation which exceeds this period of time. D. The Committee reserves the right to limit the number of agency requests per meeting. r B. Agencies or individuals making presentations before the Committee will be responsible for all had out materials and audio/video equipment which they may desire to use during this presentation. P. All Human Resource Committee meetings are open to the public and news media, howevor, the Committee may request that representatives of agencies wait outside while the Committee is discussing and deciding what appropriate action to take in regard to that particular agency's request. V• Subiect Natter to be Consilered by the Committee, All agencies, individuals or other types of organisations requesting to appear before the Human Resource Committee will complete the Human Resources Agency questionnaire which will be provided by the Staff. The questionnaire will be placed in a file and copies If distributed to the Committee. The questionnaire is designed as a eompeehenvive effort b;• the Committee to learn as such as possible about the agency. Section I deals with general information; Section it focuses on the { nature of the agency's request; Seotion III is used if any agency is ` requesting funds; Section IV dwells on OMD circular A-95 information; Section f V includes questions on organisational and general characteristics of the agency; Section VI deals with the policy making body; Section VII to the agency's financial reportl and Section VIII concerns itself with the services provided by the agency. The questionnaire was developed to allow for specific changes during the year. The questionnaire would only be updated in the area s that have experienced some type of change, deletion or addition and/or perhaps I expansion. Agencies requesting an official letter of support by the Committee, Council resolution or financial assistance from the City should be prepared to provide ' the following information in addition to completing the questionnaire. ` i I ~ 1 f ~NrtN if r I A t Human Resource Advisory Committee Page 3 ' I. Proposed budgets by overall agency and by program. 2. An auditor's pinion statemen' as to the agency's financial position. 3. Goals and objectives of any new proposed program, project or service. A. Monitoring or evaluation statement by the funding agency or licensing agency. 5. Annual report for the latest fiscal, grant or calendar year. closely 6. For now agencies firstwill year. operations after Committee c ntinuing projectso at the methods for 7. Documentation as to the community's need. 8. A breakdown reflecting administrative costs r compared to the type and amount of service cost per client. 9. Turn down letters by state or federal funding agencies. 10. A list of otter sources from whom the agency may intend to solicit financial assistance. j YI. Types of Actions or Reeommendatton to be Made by the Commit: I. their agency's efforts with r the to disseminate information will coordinate take no action. 9. frWhere om the Committee, requesting the Comattee fshall lactaby a notion landt approval support a I majority of the Committee. 1 C. Where agencies desire official support or recognition by the City Council or requesting financial assistanoe, the Committee shall act by a motion and approval by a majority of the Committee. The Committee will prepare a formal recomendation which will be tvansmitted to the City manger's ~ J Office. The Committee's recommendation will follow one of the three recommendations listed be] w: 1. favorable Aeaaoa~adetA favorable reaommendation will mean I that the asnhas met the satisfied Committee's h stand daardst as a set request forth f information, in the Comprehensive Human Resource Plan and has documented the community's need. ,I I i i Human Resource Advisory Committee Page A t 2. evoraDle Recommendation with Stiflulattons: A favorable recommendation with stipulations will mean that as agency has satisfied all of the Committee's requests for information, met their standards and has documented the community's need except where the stipulation applies. An agency may resolve the stipulation and precede on to a formal presentation before the City Council without reappearing before the Committee. Unfavorable Recommendation: An unfavorable recommendation will mean that the agency has failed to satisfy the Committee's request for information, met their standards or documented the community Ia need. D. Agencies soliciting financial support from the City should be aware that there may be more requests than there is money and that a favorable recommendation by the Committee does not necessarily guarantee that their agency will receive a financial commitment by the City Council. i 1. The Committee will attempt to recommend a specific dollar amount to the Council for those agencies requesting financial assistance, however, the City Council may elect to revise this specific dollar amount. YII. Istablishment of Priorities for PinM. ial Assistance Requests: Realising that the City has limited financial resources for the Human Service Delivery System and that the demand by agencies may exceed these resources, the Committee will rank the agencies and/or their projects in accordance with the following criteria. The priority criteria will determine the appropriateness of the activity for funding by the City. Capacity criteria will allow ranking based on the ability of agencies to deliver services. Agencies are required to request funding each year. New agencies may apply for start up or seed money assistance each year for three years. After three years agencies will normally not be funded or will have their funding out to provide assistance at a maintenance level only. City lands will not be utilised to fund activities generally regarded as the , domain of another level of government. i Priority Criteria: 1. Services provided by the agency may include any existing City service area, (such as transportation, publf: safety, law enforosment, or environmental services) and other human serviced in areas not now covered by City services but which are appropriate to local government. 2. Agency provides service more cost effectively than would City department/personnel. 1 . 11 Human Resource Advisory Committee i Page 5 3. Services are unduplicated within the City of Denton or do not exceed existing levels of need. 4. City funding constitutes less than 50% of total budget. 5. Administrative costs are not excessive in relationship to the agency's function. i Capacity Criteria: I A. Fiscal 1. Tracking of City funds to adequate as recommended by the i Finance Department 2. Timely submittal of quarterly reports f 3. An independent audit is performed unless previously waived by City Council B. Programmatic 1. Services objective met 2. Timely submittal of quarterly service reports 3. Services coordinated with other agencies C. Administrative 1. Complete proposal submitted 2. Acceptable policies and procedures for provision of services 3. Board of Directors VIII. s Public Hearims Conducted by the C ittes: In order that the Committee can assist the City in developing its annual budget where it pertains to 4 the Human Service Area, the Committee will conduct meetings or public E hearings. These meetings or public hearings will be specifically held for agencies, individuals or organisations which are seeking financial j assistance from the City. I ~ The meetings and hearings will be scheduled to coincide with the development of the City's annual budget. Once the Committee has been notified by the finance director end provided with a proposed time schedule, the Committee will formulize its schedule and process. Although, the schedule may vary from year to year, it will generally convene sometime in the spring each year. The method to be used by the Committee in determining fair share allocation and distribution of funds will be decided in accordance to City policy for that proposed budget year. This method will need to be defined oach year prior to conducting meetings and public hearings. A i i Human Resource Advisory Committee Page 6 ~X- Notices of public hearings and meetings will be published in the newspaper and by other means as decided by the Committee. Ix. Anneal procedures: Since the Hunan Resource Committee serves in an advisory capacity to the City Council, there are no formal appeal procedures established to provide guidance to a particular agency who has received an unfavorable recommendation, ranked as a low priority, or had a stipulation attached to the Committee's recommendation. It will be at the discretion of the City Council to either uphold or disaffirm an unfavorable recommendation, stipulation, or other requirement passed by the Committee in reference to a particular agency. An agency however, may elect to reappear before the Committee at a later date to produce new information, facts, or findings which may cause the Committee to alter or revise its initial recommendation. X. Adoetion and Dissemination of these Policies and Procedures: The Committee will review and adopt a net of policies and procedures. The Committee will than present the policies and procedures to the City Council for their review and adoption it so desired by the Council. The policies and procedures will remain in effect until amended, at which time a revised set will be approved by the Committee and resubmitted to the City Council. The Committee will furnish the Council and all future Councils with a copy of the policies and procedures. Agencies requesting to appear before the Committee will receive a copy by staff at the same time the questionnaire is requested. Copies may also be requested directly from the staff. f I 24Oh i I _ 1 ~w HUMAN RESOURCES COMMS'.TEE GOATS Texao established a in March 1978, the City Council of Denton .City to interact with Human Resources Committee in order for the community groups to bring about improvements in the human service rdination among m their vaiiourts humanteservices rovide nlivern syand stemcooand agencies. an j The first duty of to Hthe City uman Resources Council andttoeassletoincthenco- s the advisory capacity ordination of all human services agencies. This andcicecommend authority to hold public hearings and, t0 stud q y research, and policies relating to the promotion. plaftnin, other matters involving human service, relations and human ser- e committee vices delivery in the City of Denton. Second, th about in- will interact with community groups in order to bring betterservice communication andscoordina in v among forummwhichipromoteshuman the agencies. Finally, the Human Resources Committee is to in the City actions wouldrecommend to the human iservicesCouncil ofrpo ton implementation that rvic The HRCadvises the Council with thatctheocityafunds are t most people of the community agency contracts. broad, generally lto inclusive be l basic services, would c i Agencies who receive funding era monitored through quarterly reports. The coordination and duplication of aecesttonnatre dd The esseId ~ rvices available. such as posatblat athe lso analyzes Funding seQu- Sl~.Y cea E 0880a. i ^1 r YI MSCYp~ t 11 A k HUMAN SIRVICBS FUNDING I I I I I I Fred I City- ! i I I Intra- I I I Friends Moore I County I 1 e' Budget 1 E Agency { I I of The I Child I Day i Handi- Year I Agency I Councill RSVP I SPAN J Family I Case I Nurserrl Hop ! Hope 73-74 ! I I 3.000 I !1 1I I I !I 74-75 4.891 I I I I I 1 1 I I I I I I I 7s-76 I 1 10.000 1 1 I I I I 1 76-77 1 I 1 2 QOO I 7,000 I 1 I I 1 I I I l I I I I I 77-78 1 I 1 2.750 1 10,090 1 I I i ! I I I I I I I E 78-79 I I 1 2.TSO 12.000 I E I I I I I I I 79-80 I I j 3.000 I la.500 I I I I 1 I I I I I E I I 80-81 1 I 3,500 14.020 I I I I 1 j 81-82 1 3,500 14,000 16,000 82-83 I ! 1 4.000 1 22.000 1 23.000 1 6,QQQ 1 4.056 1 16.021 1 89-84 1 1 1 5.000 1 29.000 1 25.000 9.000 1 10.040 ) 1 ' - I I I I I I I I 1 6.OQQ 1 25,000 2S.000 181000 10,000 19.800 1. 85-86 1 6,000 1 21,500 1 30.000 1 22.000 1 11.000 1 14.707 86-87! 6.800 35.000 1 32_000 1 25.000 112.000 12,0001 34.707 1 3.000 i I I I I I I I I 1 ALAI- 88-89 1 1 1 6.800 1 36.000 1 33,QQQ 1 28.000 1 14.000 1 36.000 I 5.000 3100] I r CITY COUNCIL_ IT= _ a"'o r a ~ Qj ~ N • t s ~ l a ~ OO ' 4 MtoN t Q 0 coc " 1 ~I July 10, 1990 CITY COUNCIL BOARD AGENDA ITEM TO: MAYOR AND MEMBER OF THE CITY COUNCIL FROM: Lloyd Harrell, City Manager RE: CONSIDER CONTRACT WITH COLLEGE STATION. RECOMMENDATION The Public Utilities Board, at their meeting of January 17, 1990, recommended approval of the Contract between the TMPA Cities and College Station. SUMMARY: Throughout most of 1989, there were negotiations ongoing between the four TMPA cities to be the "full requirements" wholesale electric power supplier of College Station. On September 5, 1989, the City Council approved a "Letter of Intent" supporting the concept of the wholesale electric service sale to College Station and the future participation of College Station in the next TMPA generation project. On December 28, 1989, College Station Z approved the subject contract, and during January and February 19901 the cities of Bryan, Garland and Greenville approved the contract. BACKGROUND Prior to 1977, College station was a customer city of Bryan. At that time, College Station became a full ` requirements wholesale customer of Gulf States Utilities. That contract expires on December 31, 1991. The term of this proposed contract with College Station is from January 1, 1992, through December 31, 1995. College Station will be given an opportunity during that time to participate with the four cities in a future TMPA generation project. ,.".t f0.at,.`%,>'.q'.1t .kltiY A•9a1•."'Y C7. + i ~ II 1 I R087 F l Page 2 The rate to be charged College Station is $11.78/KW per monthly peak KW demand. The energy charge will be actual fuel cost plus .2 cents per KWH. The contract guarantees that College Station's average cost of power a:d energy will be not greater than the average of the four cities' power and energy. Denton's estimated net benefit from the College Station sale is $973,000 in 1992. The method of distribution of revenues is based on the same methodology that has been used under the TMPP Pooling Agreement since 1969 wherein revenues derived from capacity charges are distributed based on each member's proportionate share of the total excess capacity of all members. Denton's estimated share of the estimated $10,000,000 of College Station capacity revenue is $1,382,000 since Denton's excess generation capacity is estimated to be 13,82% of the four cities' excess capacity in 1992. The reason the net benefit is $9730000 vs $1$82,000 is because approximately S% of Denton's share of lignite fuel from Gibbons Creek will need to be used to serve the College Station load; therefore, Denton will need to utilize higher cost natural gas to replace the lignite fuel energy at an increased cost of $409,000 for 1992, The Denton Utility Staff had previously had a concern regarding distribution of capacity revenues. This concern related to the possibility of accelerated growth in Denton depleting Denton's excess reserves and thus elminating any capacity revenues. However, Denton would still have to replace previously available lignite energy with more expensive natural gas energy. This concern has been resolved with the other three cities and the methodology of distribution of capacity revenues will be such that, if a city's capacity revenues do not exceed 6801U:6 ~ a Page 3 the increase in variable fuel costs, the capacity revenue from the College Station sale will be used to make such city 'whole' i,e., not lose money, before the capacity revenues are distributed to the remaining cities. Paul Horton, Denton's bond council, has been contacted regarding this contract and has provided an opinion that the contract is not in conflict with any bond covenents and will not adversely affect any future revenue bonds. FISCAL SUMMARY: Increased revenues of $973,000 per year in 1993. i Respect ly submitted, .00044oz zz Loy arre City Manager 4N /Appr ved by. eon, Executive Director of Utilities l Y. Exhibit I: Resolution I1: Proposed Electric Service Contract III: Letter from Bond Council IV: Minutes PUB Meeting of 1/17/90 b801U:7 ~i j~ i i ~ r I Y s S 4 2896L RESOLUTION NO. A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITIES OF COLLEGE STATION, BRYAN, OF AN EFFECTIVE DATE. DENTONO AELECTRICGSERVIrCEI EAND TEXAS PROVIDING T THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the Mayor is hereby authorized to execute an agreement the City of Denton and the cities of Bryan, Denton, Garland and Greenville, Texas for the sale and purchase attached conditions of wholesale electric service, under the terms hereto contained in the agreement, a copy of which and made a part hereof. SECTION II. That this resolution shall become effective im- media e y upon its passage and approval. PASSED AND APPROVED this the day of 1990• i I , 70% CASTLEBERRY, MAYOR n J ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ( 1 i APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY ~J BY: l - i ~II -M I i 11 01 f LC-50.5 ,1 ~sw~ nn ~*+OG 8~ ELECTR,~`~BEflY~-Sr~ This Agreement is entered into by and between the City of College Station, a Texas Municipal Home-Rule corporation (hereinafter referred Garland and Greenville, Texas, (hereinafter referred to as supplying cities) for the sale end purchase of wholesale to as electric service. cr. WHEREAS, College Station has a neat? ior an residantsoadato reliable source of power and energy to supply meet the demands of its load growth; WHEREAS, the Supplying Cities each own and operate municipal wellenough electric generation and distributionsystems which have capacity to meet their load and per requirements# 1 f reserve requirements and other contractual requirements for the period of this contract[ WHEREAS, certain Supplying Cities currently have sufficient capacity to provide College Station with electricity for its current loads WHEREAS, the Supplying Cities desire to sell and College station is willing to purchase power and energy on the terms and conditions herein set forth; WHEREAS, the Interlocal Cooperation Act expressly allows cities servicesoandkfunctionsyso®asftoipr videeforttheowelfarehofitheir citizens and obtain beneficial economical savings; ;I WHEREAS, the Supplying Cities and College Station desire to participate together in the planning, construction and use of k future generation facilities; undert NOW THEREFORE, in consideration and CollegelStati naagree j herein contained, the Supplying Cities a as follows; ARTICLE 1. naFD HEREIN ` (a) "TMPA" shall mean the Texas Municipal Power Agency. (b) "College Station" shall mean the City of Collage Station, Texas. (c) Supplying Cities" shall r the cities of Bryan, Texast Denton, Texas; Garland, Tax, and Greenville, Texas. ; r 1 A~A+~ i ti i2. i r 5 LC-50.5 ARTICLE II. =SALE AND PURCHASE OF POWER AND ENERGY (a) The Supplying Cities agree to provide and College Station agrees to purchase and to receive the total requirements for power and energy which College Station shall require for the operation of its utility. ~y (b) Power and energy supplied under this contract may only be used to supply College Station retail customers and may not be resold to other utiiities at wholesale or sold to any person or business pursuant to a written contractrel arrangement or other understanding which differs in any respect from sales to the public generally. (c) Power and energy supplied pursuant to this agreement shall commence on the lot day of January 1992. (d) In the avant College Station determines that it will not participate with the Supplying Cities in future generation, power and energy shall be supplied until the 31st day of December 1995 as provided herein. The Supplying Cities will notify College Station two years prior to the time they will not have the capacity to supply College Station's required power and energyt in which event, without further liability to the Supplying Cities, College Station shall be entitled to take all or part of its power and energy from another source. In that case, the Supplying cities will supply power and energy to College Station on a schedule to be mutually agreed upon one year prior to College Station's purchases from the other source. At any rate, the Supplying Cities will not be required to build capacity for College Station's load if College Station does not participate in future generation projects. The Supplying cities agree to provide College Station with any and all information that would lead a I reasonable person to conclude that the Supplying Cities will not have sufficient capacity to meat College Station's requirements as sat forth in College Station's ten-year forecast. t In the event College station determines that it will participate with the Supplying Cities on future generation projects, this agreement shall continue in full force and effect for College Station's load not supplied by these generation projects or generated by College Station as long as College Station is a participant in future rojocts or contractually joins with the Supplying cities subject to rate changes as not forth in Schedule "A." (e) By February lot of each year, College Station shall supply a ten-year forecast of its load, energy, and power requirements. The Supplying cities shall supply requested increases in load, energy, and power requirements, subject to the terms of this contract. -2- r 1 ~ Ir ~ ~r I d LC-50.5 (f) The Supplying Cities shall make all necessary arrangements for transmission of power and energy from their generation source to College Station's metering points and shall assume as a part of the scheduled rate charges all transmission costs. ` (g) The Supplying Cities shall use reasonable diligence to provide a constant and uninterrupted supply of power and energy ` hereunder. If the supply of power and energy shall fail, or 4 be interrupted, or become defective by reason of force majeure as hereinafter provided, the Supplying Cities shall not be rra liable therefor or for damages caused thereby. (h) The obligation of College Station to purchase power and energy shall not be a debt of College Station, but shall be discharged as an operating of its electric utility and only from electric utility revenues. ARTICLE III. FUTM GENERATION The Supplying cities shall notify College Station of the date that the Supplying cities have identified as the date that College Station must make a contractual commitment to participate in the next phase of generation, no less than one year in advance of the contractual decision date. College Station agrees to promptly provide the Supplying cities with its decision with regard to participation by the 365th day of receipt of said notice from the Supplying Cities. The parties agree that College Station will be credited by the supplying cities an amount pursuant to Schedule "B" on College station's participation or contractual joinder in future generation projects built by TMPA. The Supplying cities agree that they shall each use their best efforts to take necessary action to authorize and include the participation by College Station as an equal member of the future project to the extent permitted by law. The Supplying Cities and College Station shall jointly (each individual City's vote shall be based upon the vote of the voting members, each vote having equal weight) participate in the decision making process with regard to the construction of, financing of, and rates charged for generation by any now facilities. Collega Station upon sending notification to the Suppl ing cities of its intent to participate in a future generation protect shall utilize its best efforts to secure legal authorization to participate. ` ARTICLE IV. CONTRACT POWER The amount of power provided by the Supplying Cities initially shall be 110 MW of electric power. -3- k, F I . LC-50.5 ARTICLE V. POINT(,SL OF RELIVERY (a) The supplying Cities shall deliver to College station energy and power at three (3) phase, alternating current, at a nominal voltage of 138,000 volts, and a nominal frequency of sixty (60) hertz at College Station's South Substation and at h 1,, its College Station Switch Station, and at other points or such different points or voltages as mutually agreed. (b) College Station shall maintain its system such that the power factor at each metering point shall be between .90 lagging and .90 leading. In the event that the power factor at the time of monthly peak demand is less than .90 lagging, the demand for billing purposes will be adjusted by the formulas Adjusted demand w Actual demand x.90 Power Factor ARTICLE VI. METERS (a) Metering equipment shall be furnished, installed and maintained by the Supplying Cities at each point of delivery to College Station at the high voltage side of the transforming equipment located there. The Supplying Cities shall read meters or cause meters to be read and bill College Station for the power and energy furnished pursuant to this agreement at monthly intervals. (b) Supplying Cities shall test and calibrate meters or cause meters to be tested and calibrated by comparison with accurate standards at intervals of twelve months, or such other intervals as the parties agree. Supplying Cities shall also make or cause to be made special meter tests at any time at College Station's request. The costs of all tests shall be borne by Supplying Cities, provided, however, that if any special meter test made at College Station's request shall disclose that the meters are recording accurately, College Station shall reimburse Supplying Cities for the cost of such test. The Supplying Cities shall pay for the cost of the test whenever the test reveals the meter to be in error by more than one-half of one percent. The readings on any meter which shall have been disclosed by test to be inaccurate shall be corrected from the beginning of the monthly billing period immediately preceding the billing period during which the tests are made in accordance with the percentage of inaccuracy found by such test, provided, that no correction shall be made for a longer period unless the Supplying Cities and College station mutually agree thereto. Should any meter fail to register, the power and energy delivered during such period of failure shall for billing purposes be estimated by the supplying Cities and college station from the best information available. Tne supplying Cities shall notify College station -4- i LC-50.5 p.. :r S or cause College Station to be notified in advance of the time of any meter reading or meter test. ARTICLE VII. RATES AND CHARGES (a) Supplying Cities agree to sell and college Station agrees to purchase power and energy on the terms and conditions set forth herein. Supplying Cities shall sell to College Station power and energy pursuant to Schedule "A" attached and incorporated herein. The rates and charges for the power and energy supplied are and shall bee (1) nondiscriminatory, and (2) fair and reasonable, and be based upon the Supplying Cities' average cost of providing the power and energy, and (3) said rates shall be adjusted annually to reflect the average costs per KWH as calculated on an annual basis, pursuant to Schedule "C" attached hereto. (b; The parties agree that the rates and charges designated in Schedule "A" are firm until College Station jointly participates in generating capacity that is in commerical operation or generates its own power and energy. In addition, average costs per KWH shall be calculated according to Schedule "C." However, on an annual basis, until Coll•ye Station jointly participates in generating capacity that is j in commerical operation or generates its own power and energy, within 120 days of September 30 of each contract year, the supplying cities shall review their average costs per KWH for the preceding year as compared to the costs charged pursuant to Schedule "C" and shall rebate to College Station any funds overcharged during the twelve-month billing period following September 30 of each contract year in which the overcharges occurred. In the event said average costs per KWH are greater than the actual rates and charges, then no additional charges shall be made to College station. (o) After College station participates in generating capacity in commerical operation or generates its own power and energy the j calculation of average costs shall be charged to reflect that reduced demand on the Supplying Cities and then current Supplying City costs. ARTICLE VIII. DEFAULT \ (a) It College Station or the Cities fail or default in meting the terms of this agreement and such default continues for a period of fifteen (15) days, then the nondefaulting party 1 a F1 r ' r a LC-50.5 r shall give written notice to the defaulting party specifying the nature of the default and the remedy that it, the nondefaulting party, seeks to impose if such default is not remedied within fifteen (15) days. Upon the expiration of the fifteenth (15th) day, the nondefaulting party shall be entitled, unless otherwise ordered by a court or regulatory body, to terminate service or pursue other available remedism at law or in equity, including cancellation of the contract. (b) If College Station fails to make any payment (hereinafter called a default in payment) to the Supplying Cities that it is required to make as payment for energy and power, and such default in payment continues for a period of fifteen (15) days, the Supplying cities shall give written notice to College Station. College Station shall, from the date of the mailing of such notice, have a period of thirty (10) days to pay the full amount then due to the Supplying Cities. i (c) With regard to disputed payments College Station may elect to make payment under protest of the nondisputed amount placing the disputed amount into escrow until the dispute is resolved with the Supplying Cities. once the dispute is resolved, the prevailing party shall be entitled to the disputed funds with interest. ARTICLE IX. FORCE MAJEURE The term "force majeure" as employed herein shall mean acts of God, strikes, lockouts, or other industrial disturbances, acts of the public enemy, orders or action of any kind of government of the United States or of the state of Texas or any civil or military authority, insurrections, riots, epidemics, lightning, fire, sabotage, riot, disturbance, explosion, flood, earthquake, storm, hurricane, wind, accident, failure of performance on account of any other cause not reasonably within the control of the party claiming such inability. If for any reason of "force majeure" any of the parties hereto shall be rendered unable, wholly or in part, to carry out its obligations under this agreement then such party shall give notice and the full particulars of such reasons in writing to the other party within a reasonable time after the occurrence of the event or cause relied onf the obligation of the party giving such notice, so far as it is affected by such particular "force majeure," shall be suspended during the continuance of the inability then claimed, but for no longer period, and such party shall have the duty to endeavor to remove or overcome such inability with all reasonable dispatch. No damage shall be recoverable from either party by reason of the causes above mentioned, it is further agreed, that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any "force majeure" shall be remedied within reasonable dispatch shall not require the settlement of strikes or lockouts by acceding to the demand of opposing parties when such settlement is -6- I ~ r LC-50.5 r unfavorable to it in the judgment of the party having the difficulty. ` ARTICLE X. GOVERNMENTAL REGULATIONS AND LAWS This agreement shall be subject to all of the valid rules, regulations, and laws applicable thereto, as promulgated by the United States of America, the state of Texas, or any other governmental body or agency having lawful jurisdiction or any authorized representative or agency of any of them. ARTICLE XI. EASFINTS College Station and the Supplying Cities agree that the Supplying Cities shall, when permitted by existing easement, have full access to such easements, rights-of-way or property held by College Station, if, and to the extent, reasonably required for the provision of power and energy to College Station and not interfering with existing uses. ARTICLE XII. NOTICES Any notice, request, demand, statement or bill provided for in this agreement shall be in writing and shall be considered to have been duly delivered when sent by registered or certified mail, addressed as follows, unless another address has been designated, in writing, by the party entitled to receive the samet CITY OF COLLEGE STATION Attnt City Manager P.O. Box 9960 College Station, TX 77842 CITY OF BRYAN E Attnt Cit,t :a,,ager P.O. Box 1000 Bryan, TX 77805 ; CITY OF DENTON Attnt City Manager 215 E. McKinney Denton, TX 76201 CITY OF GARLAND Attnt City Manager P.O. Box 469002 Garland, TX 75046 CITY OF GREENVILLE Attnt Director of Electric Utilities P.O. Box 1049 Greenville, TX 75401 .7- i t 1 LC-50.5 ARTICLE XIII. r APPROVALS It is agreed that the parties' participation in this agreement shall be subject to the approval of the appropriate governing bodies and authorization of the appropriate signature hereto. It is further agreed that the parties shall provide proof of authorization to sign this agreement. ARTICLE XIV. REPORTS The Supplying Cities shall prepare and issue to College Station a semiannual report of fuel costs and charges to College Station. The Supplying Cities shall a}so provide College Station with all reports and statements, not privileged by law or court decision, provided to them by TMPA, which reports shall include but not be limited to (i) financial and operating statement relating to the TNPA system; (ii) status of construction for each facility constituting the TMPA system during constructions and (iii) analysis of operations relating to the TMPA system. ARTICLE XV. RECORDS AND-ACCOMM The Supplying Cities shall keep accurate records and accounts of the power and energy transaction with regard to College Station. Additionally, the Supplying Cities shall provide, on reasonable request, access to all records and accounts of the Cities' system and of the transactions relating to each facility constituting the Cities' system to the extent such information is relevant to the calculation or verification of average system costs. This duty to ; provide access to information shall not extend to information privileged by law or court decision. ARTICLE XVI. C'ONTUCTS TO BE UJAWI This instrument embodies four separate contracts between the Supplying Cities and College Station. Each Supplying City's inr•under this contract shall be limited to a prop of quirements which is calculated by multiplyingortion the total College { Station's requirement by a fraction, the numerator of which is the difference between that city's available capacity, including its then current entitlement from Gibbons Creek and 1.15 times that city's nnator of which is the am other of thse calculatons sales and the denomi for all the supplying Cities. ARTICLE XVII. Ag9iGNMFNT ~ This agreement may not be assigned without the written consent of all other parties to the agreement. 1 y f.r* LC-50. 5 ARTICLE XVIII. EFFECTIVE DATE The effective date of this agreement shall be January 1, 1990. ARTICLE XIX. SEVERABILITY The parties hereto agree that if any of the provisions of this contract should contravene or be held invalid under the laws of the state of Texas, such contravention or invalidity shall not invalidate the whole contract but it shall be construed as though not containing that particular provision, and the rights and obligation of the parties shall be construed and in force accordingly. ARTICLE XX. AMENDMENTS Notwithstanding anything in this agreement to the contrary, this contract may only be amended upon the written agreement of the parties. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed in their corporate names and their corporate seals affixed, all by the proper officer duly authorized therounto, as of the day and year first hereinabove written. CITY OF COLLEGE STATION, TEXAS k Byt May _ I (Seal) I ATTESTSI r Byl IA C my Socr ry CITY OF BRYAA~N,. _TEXAS Byt /~NS.rs.v L.l.Ksi 1 Mayor (Seal) i ATTEST O By$ C ty Seoro ary i i 1 l r~ LC-50.5 CITY OF DENTON, TEXAS L Bys Mayor (Seal) ATTESTS By. city secretary CITY 0 GAR D, TEXAS n I ey ~ SCSI ayor (seal) 1 ATTESTe Cecretary Bys CITY OF GREENVILLE, TEXAS ByI 144ez Chairman of Board (Seal) ATTESTS I Byt sec tart' o Board j { I~ .10- I `14 1 1 i ~r{/17qoI r l Ri r LC-50.5 r•r* SCHEDULE A RATES Demand Charge .................$11.78/KW Energy Charge 2/MWH DEMAND CHARGE SHALL APPLY TO THE MAXIMUM HOURLY COINCIDENTAL METERED DEMAND RECORDED OVER THE BILLING MONTH (AS ADJUSTED FOR POWER FACTOR, IF NECESSARY). A MONTHLY FUEL CHARGE WILL BE MULTIPLIED BY THE ENERGY CONSUMPTION. THE FUEL CHARGE WILL BE THE AVERAGE COST OF FUEL FOR THE SUPPLYING CITIES AND COLLEGE STATION. THE FUEL CHARGE WILL BE CALCULATED ON AN "ESTIMATE AND CORREC'T'" BASIS. THESE RATES WILL CONTINUE IN EFFECT UNTIL THE EARLIER OF DECEMBER 311 1995 OR THE DATE OF COMMERCIAL OPERATION OF A GENERATING UNIT IN WHICH COLLEGE STATION IS EITHER THE JOINT OWNER OF GENERATING CAPACITY WITH TMPA OR PARTICIPANT WITH TMPA. AT THAT TIME NEW RATES WILL BE CALCULATED TO REFLECT THE REDUCED DEMAND ON THE SUPPLYING CITIES AND THEN CURRENT SUPPLYING CITY COSTS. i I I j t r I ~ S i ' I . I -11- 1 ' i Ile- LC-50.5 CITY OF DENTON# TEXAS Hys Mayor (Seal) ATTESTS s HYs CRY secretary CITY 0 GAR D, TEXAS 13 ayor (seal) ATTESTS k HYs c ty Secretary. j CITY OF GREENVILLEt TEXAS t HYs Chia rman of Hoarl (Seal) ATTESTS l HYs Bea tart' of Hoard l 3 X10_ I i ' FIR 1. I LC-50.5 SCHEDULE C THE SUPPLYING CITIES SHALL CALCULATE THEIR SYSTEM AVERAGE COSTS FOR THE PURPOSES OF ADJUSTING RATES AS IN ARTICLX VII BY ANNUALLY SUMMING THE DEMAND CHARGES OF TMPA, THE ENERGY CHARGES OF TMPA, THE OPERATING AND MAINTENANCE COSTS FOR POWER GENERATION OF THE SUPPLYING CITIES, DEBT SERVICE FOR GENERATION OF THE SUPPLYING CITIES, AND ANY OTHER ASSOCIATED COSTS OF GENERATION OF THE SUPPLYING CITIES. I I j II -19- r t N~ F2 a LC-50.5 p r.. AOSSIMENT FOR WH0LINALH ELECTRIC BEAVIC1 This Agreement is entered into by and between the City of College Station, a Texas Municipal Home-Rule Corporation (hereinafter referred to as College Station) and the cities of Bryan, Denton, Garland and Greenville, Texas, (hereinafter referred to as Supplying Cities) for the sale and purchase of wholesale electric service. WHEREAS, College Station has a need fcr an economical, reliable source of power and energy to supply its residents and to r1y- meet the demands of its load growth; WHEREAS, the Supplying Cities each own and operate municipal electric generation and distribution systems which have enough capacity to meet their load and power requirements, as well as reserve requirements and other contractual requirements for the period of this contract; WHEREAS, certain Supplying Cities currently have sufficient capacity to provide College Station with electricity for its current load; WHEREAS, the Supplying Cities desire to sell and College station is willing to purchase power and energy on the terms and conditions herein set forth; WHEREAS, the Interlocal Cooperation Act expressly allows cities to make mutually beneficial agreements for the sharing of services and functions so as to provide for the welfare of their citizens and obtain beneficial economical savings; WHEREAS, the Supplying Cities and College station desire to participate together in the planning, construction and use of future generation facilities; NOW THEREFORE, in consideration of the mutual undertakings herein contained, the Supplying Cities and college station agree as follows: ARTICLE I. l DEFINITIONS AS USED HEREIN (a) "TMPA" shall mean the Texas Municipal Power Agency. (b) "College Station" shall mean the City of College Station, Texas. (c) "Supplying Cities" shall mean the cities of Bryan, Texas; Denton, Texas; Garland, Texas; and Greenville, Texas. I j I LC-50.5 ARTICLE II. r SALE AND PURCHASE OF POWER MD ENERGY (a) The Supplying Cities agree to provide and college station agrees to purchase and to recei,re the total requirements for power and energy which College Station shall require for the operation of its utility. (b) Power and energy supplied under this contract may only be used to supply College Station retail customers and may not be resold to other utilities at wholesale or sold to any person or business pursuant to a wri,tteh contractual arrangement or _ other understanding which differs in any respect from sales to the public generally. (c) Power and energy supplied pursuant to this agreement shall commence on the 1st day of January 1992. (d) In the event college Station determines that it will not participate with the Supplying Cities in future generation, power and energy shall be supplied until the 31st day of December 1995 as provided herein. The Supplying Cities will notify College Station two years prior to the time they will not have the capacity to supply College Station's required power and energy; in which event, without further liability to the Supplying Cities, College Station shall be entitled to take all or part of its power and energy from another source. In that case, the Supplying cities will supply power and energy to College Station on a schedule to be mutually agreed upon one year prior to College Station's purchases from the other source. At any rate, the Supplying Cities will not be required to build capacity for College Station's load if College Station does not participate in future generation projects. The Supplying Cities agree to provide College Station with any and all information that would lead a reasonable person to conclude that the Supplying Cities will not have sufficient capacity to meet College Station's requirements as set forth in College Station's ten-year forecast. In the event College Station determine► that it will participate with the Supplying Cities on future generation projects, this agreement shall continue in full force and effect for College Station's load not supplied by these generation projects or generated by College Station as long as College Station is a participant in future projects or contractually joins with the Supplying Cities subject to rate changes as set forth in Schedule "A." (e) By February lot of each year, College Station shall supply a ten-year forecast of its load, energy, and power requirements. The Supplying Cities shall supply requested increases in load, energy, and power requirements, subject to the terms of this contract. -2- 1 i~ i LC-50.5 v (f) The Supplying Cities shall ma!.s all necessary arrangements for transmission of power and energy from their generation source to College Station's metering points and shall assume as a part of the scheduled rate charges all transmission costs. (g) The Supplying Cities shall use reasonable diligence to provide a constant and uninterrupted supply of power and energy hereunder. If the supply of power and energy shall fail, or be interrupted, or become defective b reason of force majeure as hereinafter provided, the Supplying Cities shall not be µ liable therefor or for damages caused thereby. (h) The obligation of College Station to purchase power and energy shall not be a debt of college Station, but shall be discharged as an operating of its electric utility and only from electric utility revenues. ARTICLE M. FUTURE GENERATIO The Supplying Cities shall notify College Station of the date that the Supplying Cities have identified as the date that College Station must make a contractual commitment to participate in the next phase of generation, no less than one year in advance of the contractual decision date. College Station agrees to promptly provide the Supplying cities with its decision with regard to participation by the 365th day of receipt of said notice from the Supplying Cities. The parties agree that College Station will be credited by the supplying cities an amount pursuant to Schedule "H" on College Station's participation or contractual joinder in future generation projects built by TMPA. The Supplying Cities agree that they shall each use their best efforts to take necessary action to authorize and include the participation by College Station as an equal member of the future project to the extent permitted by law. The Supplying Cities and College Station shall jointly (each individual City's vote shall be based upon the vote of the voting members, each vote having equal weight) participate in the decision making process with regard to the construction of, financinq of, and rates charged for generation by any new facilities. College Station upon sending notification to the Supplying Cities of its intent to participate in a future generation project shall utilize its best efforts to secure legal authorization to participate. ARTICLE IV. CONTRACT POEM The amount of power provided by the supplying cities initially shall be 110 1W of electric power. -3- 111 I ~Y LC-50.5 Y a r. ARTICLE V. POINT(S) OF DELIVERY f 1 r (a) The supplying cities shall deliver to College Station energy I and power at three (3) phase, alternating current, at a nominal voltage of 138,000 volts, and a nominal frequency of 4 sixty (60) hertz at College Station's South Substation and at its College Station Switch Station, and at other points or such different points or voltages as mutually agreed. (b) College Station shall maintain its system such that the power factor at each metering point shall be between .90 lagging and .90 leading. In the event that the power factor at the time of monthly peak demand is lass than .90 lagging, the demand for billing purposes will be adjusted by the formula: Adjusted demand + Actual demand x .90 Power Factor ARTICLE VI. METERS (a) Metering equipment shall be furnished, installed and maintained by the Supplying Cities at each point of delivery to College Station at the high voltage side of the transforming equipment located there. The Supplying Cities shall read meters or cause meters to be read and bill College Station for the power and energy furnished pursuant to this agreement at monthly intervals. (b) Supplying Cities shall test and calibrate meters or cause meters to be tested and calibrated by comparison with accurate standards at intervals of twelve months, or such other intervals as the parties agree. Supplying Cities shall also make or cause to be made special meter tests at any time at College Station's request. The costs of all tests shall be borne by Supplying Cities, provided, however, that if any special meter test made at College Station's request shall disclose that the meters are zscording accurately, College station shall reimburse Supplying Cities for the cost of such test. The Supplying Cities shall pay for the cost of the test whenever the test reveals the meter to be in error by more than one-half of one percent. The readings on any meter which shall have been disclosed by test to be inaccurate shall be corrected from the beginning of the monthly billing period imm:diately preceding the billing period during which the test3 are made in accordance with the percentage of inaccuracy found by such test, provided, that no correction shall be made for a longer period unless the Supplying Cities and College Station mutually agree thereto. Should any meter fail to register, the power and energy delivered during such period of failure shall for billing purposes be estimated by the supplying cities and college station from the best information available. The Supplying Cities shall notify college station -4- I 1 i I D LC-50.5 or cause College Station to be notified in advance of the time of any mater reading or meter test. ARTICLE VII. RATES AND CHARGES (a) Supplying Cities agree to sell and College Station agrees to purchase power and energy on the terms and conditions set forth herein. Supplying Cities shall sell to College Station power and energy pursuant to Schedule "A" attached and incorporated herein. The rates and charges for the power and energy supplied are and shall be: (1) nondiscriminatory, and (2) fair and reasonable, and be based upon the Supplying Cities' average cost of providing the power and energy, and (3) said rates shall be adjusted annually to reflect the average costs par KWH as calculated on an annual basis, pursuant to Schedule "C" attached hereto. (b) The parties agree that the rates and charges designated in Schedule "A" are firm until College Station jointly participates in generating capacity that is in commerical operation or generates its own power and energy. In addition, average costs per KWH shall be calculated according to Schedule "C." However, on an annual basis, until College Station jointly participates in generating capacity that is in commerical operation or generates its own power and energy, within 120 days of September 30 of each contract year, the Supplying Cities shall review their average costs per KWH for the preceding year as compared to the costs charged pursuant to Schedule "C" and shall rebate to College Station any funds overcharged during the twelve-month billing period following September 30 of each contract year in which the overcharges occurred. In the event said average costs per KWH are greater than the actual rates and charges, then no additional charges shall be made to College Station. (c) After College Station participates in generating capacity in commerical operation or generates its own power and energy the calculation of average costs shall be charged to reflect that reduced demand on the Supplying cities and then current Supplying City costs. ARTICLE VIII. DEFAULT (a) if College Station or the Cities fail or default in meeting the terms of this agreement and such default continues for a period of fifteen (13) days, than the nondetaulting party -5- 1 A i' LC-50.5 shall give written notice to the defaulting party specifying the nature of the default and the remedy that it, the nondefaulting party, soaks to impose if such default is not remedied within fifteen (15) days. Upon the expiration of the fifteenth (15th) day, the nondefaulting party shall be entitled, unless otherwise ordered by a court or regulatory body, to terminate service or pursue other available remedies at law or in equity, including cancellation of the contract. (b) If College Station fails to make any payment (hereinafter called a default in payment) to the Supplying Cities that it is required to make as payment for energy and power, and such default in payment continues for a period of fifteen (15) days, the Supplying Cities shall give written notice to College Station. College Station shall, from the date of the mailing of such notice, have a period of thirty (30) days to pay the full amount then due to the Supplying Cities. (c) with regard to disputed payments College Station may elect to make payment under protest of the nondisputed amount placing the disputed amcint into escrow until the dispute is resolved with the Supplying Cities. Once the dispute is resolved, the prevailing party shall be entitled to the disputed funds with interest. ARTICLE IX. rORCE MAJEURE The term "force majeure" as employed herein shall mean acts of God, strikes, lockouts, or other industrial disturbances, acts of the public enemy, orders or action of any kind of government of the united States or of the state of Texas or any civil or military authority, insurrections, riots, epidemics, lightning, fire, sabotage, riot, disturbance, explosion, flood, earthquake, storm, hurricane, wind, accident, failure of performance on account of any other cause not reasonably within the control of the party claiming such inability. If for any reason of "force majeure" any of the parties hereto shall be rendered unable, wholly or in part, to carry out its obligations under this agreement then such party shall give notice and the full particulars of such reasons in writing to the other party within a reasonable time after the occurrence of the event or cause relied on; the obligation of the party giving such notice, No fshall ar a be it surna fefecta ring such particular force majeure, Pe continuance of the inability then claimed, but for no longer period, and such party shall have the duty to endeavor to remove or overcome such inability with all reasonable dispatch. No damage shall be recoverable from either party by reason of the causes above mentioned. It is further agreed, that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any "force majeure" shall be remedied within reasonable dispatch shall not require the set anteties strikes or such settlement by ac eding to the demand of opposing p I i 1 jr f M e ~ S LC-50. 5 unfavorable to it in the judgment of the party having the difficulty. ARTICLE X. GOVERNMENTAL REGULATIONS AND LAWS This agreement shall be subject to all of the valid rules, requlatiohs, and laws applicable thereto, as promulgated by the United States of America, the state of Texas, or any other governmental body or agency having lawful jurisdiction or any h authorized representative or agency of any of thou. ! ARTICLE XI. VASrMTNTS ` College station and the Supplying Cities agree that the f Supplying Cities shall, when permitted by existing easement, have full access to such easements, rights-of-way or property held by College Station, if, and to the extent, reasonably required for the provision of power and energy to College Station and not interfering with existing uses. ARTICLE XII. NOTICES Any notice, request, demand, statement or bill provided for in this agreement shall be in writing and shall be considered to have been duly del iverod when sent by registered or certified mail, addressed as follows, unless another address has been designated, in writing, by the party entitled to receive the sames CITY OF COLLEGE STATION Attn: City !tanager P.O. Box 9960 College Station, TX 77842 1 r CITY OF BRYAN Attn: City Manager E P.O. Box 1000 Bryan, TX 77805 CITY OF DENTON Attns City Manager 215 E. McXinney Denton, TX 76201 CITY OF GARLAND Attns City Manager P.O. Box 469002 Garland, TX 75046 CITY OF GREENVILLE r Attns Director Qf Electric Utilities P.O. Box 1049 Greenville, TX 75401 , -7- I r' ti. a LC-50.5 1 r, r ARTICLE XIII. s APPROVALS It is agreed that the parties' participation in this agreement shall be subjedt to the approval of the appropriate governing bodies and authorization of the appropriate signature hereto. It is further agreed that the parties shall provide proof of authorization to sign this agreement. ARTICLE XIV. REPORTS The Supplying Cities shall prepare and issue to College station a semiannual report of fuel costs and charges to College Station. The Supplying Cities shall also provide College Station with all reports and statements, not privileged by law or court decision, provided to them by T"A, which reports shall include but not be limited to (i) financial and operating statement relating to the TMPA systems (ii) status of construction for each facility constituting the TMPA system during constructions and (iii) analysis of operations relating to the TMPA system. ARTICLE XV. REQ D,S AND ACCOUNTS The Supplying Cities shall keep accurate records and accounts of the power and energy transaction with regard to College Station. Additionally, the Supplying Cities shall provide, on reasonable request, access to all records and accounts of the Cities' system and of the transactions relating to each facility constituting the Cities' system to the extent such information is relevant to the calculation or vssification of average system costs. This duty to provide access to information shall not extent to information privileged by law or court decision. ARTICLE XVI. CaH'(' I&M ZO BE SEPARATE This instrument embodies four separate contracts between the Supplying Cities and College Station. Each Supplying City's obligation under this contract shall be limited to a proportiun of the total requirements which is calculated by multiplying College Station's requirement by a fraction, the numerator of which is the difference between that city's available capacity, including its then current entitlement from Gibbons Creek and 1.15 times that city's native peak load, not including other firm or nonfirm sales and the denominator of which is the sum of these calculations for all the Supplying Cities. ARTICLE XVII. "Sig= I This agreement may not be adsigned without the written consent of all other parties to the agreement. -8- • 1 1 I' rA. tom" LC-50.5 t r ARTICLE XVIII. EFFECTIVE DATE The effective date of this agreement shall be January 1, 1990. ARTICLE XIX. SEVERABILITY The parties hereto agree that if any of the provisions of this contract should contravene or be held invalid under the laws of the state of Texas, such contravention or invalidity shall not invalidate the whole contract but it shall be construed as though not containing that particular provision, and the rights and obligation of the parties shall be construed and in force accordingly. ARTICLE XX. AMENDMENTS Notwithstanding anything in this agreement to the contrary, this contract may only be amended upon the written agreement of the parties. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed in their corporate names and their corporate seals affixed, all by the proper officer duly authorised thereunto, as of the day and year first hersinabove written. j CITY OF COLLEGE STATION, TEXAS 1 Bye a (Seal) May ATTESTS a3 By: f C ty SeCr ry CITY ~ OFBRYAANO TEXAS By: ~ ~~f40i f.LGtJ (Seal) Mayor ATTESTS eye City rY , ..9- i t ~ r LC-50.5 CITY OF DENTON, TEXAS Syr (Seal) Keyor ATTESTS Bya city Secretary D, TEXAS bye CITY G (Seal) ayY or ATTESTt By: C ty secretary CITY OF GREENVILLE, TEXAS By: (Seal) Ctta r=an or board ATTEST. By Secretary of board e ~ „ II is i i .10- f i awl LC-50.5 r•:: SCHEDULE A K t RATES Demand Charge .................$11.76/111 Energy Charge .................g Z/MWH DEMAND CHARGE SHALL APPLY TO THE MAXIMUM HOURLY COINCIDENTAL METERED DEMAND RECORDED OVER THE BILLING MONTH (AS ADJUSTED FOR POWER FACTOR, IF NECESSARY). A MONTHLY FUEL CHARGE WILL BE MULTIPLIED BY THE ENERGY CONSUMPTION. THE FUEL CHARGE WILL BE THE AVERAGE COST OF FUEL FOR THE SUPPLYING CITIES AND COLLEGE STATION. THE FUEL CHARGE WILL BE CALCULATED ON AN "ESTIMATE AND CORRECT" BASIS. THESE RATE3 WILL CONTINUE IN EFFECT UNTIL THE EARLIER OF DECEMBER 91, 1995 OR THE DATE OF COMMERCIAL OPERATION OF A GENERATING UNIT IN WHICH COLLEGE STATION IS EITHER THE JOINT OWNER OF GENERATING CAPACITY WITH TMPA OR PARTICIPANT WITH TMPA. AT THAT TIME NEW RATES WILL BE CALCULATED TO REFLECT THE REDUCED DEMAND ON THE SUPPLYING CITIES AND THEN CURRENT SUPPLYING CITY COSTS. r r t I i i f i -11- 1 , LC-50.5 rya,.. SCHEDULE 9 AT SUCH TDO THAT COLLEGE STATION JOINTLY PARTICIPATES WITH TNPA IN A THPA PROJECT IN WHICH JOINT FACILITIES WTTxf AN EXISTING TMPA FACILITY EXISTS, THE VALUE CF THE PRO RATA SHARES OF THE EXISTING FACILITY WILL BE CALCULATED WHICH WILL SERVE THE NEW FACILITY. VALUE SHALL BE INSTALLED COST, LESS DEPRECIATION. COLLEGE STATION WILL PAY, AS A PART OF ITS PAYMENT FOR THE NEW JOINT FACILITY, ITS SHARE OF THE EXISTING FACILITIES. THE SUPPLYING CITIES WILL NOT PART;CIPATB IN THE TMPA PROTECT UNLESS COLLEGE STATION IS CREDITED S6o000,000 IN THE CALCULATION OF EXISTING JOINT FACILITIES. THOSE EXISTING FACILITIES WHICH SERVE THE NEW FACILITY INCLUDE, BUT ARE NOT LIMITED TO, LAND, RESERVOIRo SUBSTATION AND TRANSMISSION FACILITIES, ADMINISTRATION AND MAINTENANCE FACILITIES, AND THE LIKE. I -12- i 1 li LC-50.5 SCHEDULE C THE SUPPLYING CITIES SHALL CALCULATE THEIR SYSTEM AVERAGE COSTS FOR THE PURPOSES OF ADJUSTING RATES AS IN ARTICLE VII BY ANNUALLY SUMMING THE DEMAND CHARGES OF TKPA, THE ENERGY CHARGES OF THPA, THE OPERATING AND MAINTENANCE COSTS FOR POWER GENERATION OF THE SUPPLYING*CITIESo DEBT SERVICE FOR GENERATION OF THE SUPPLYING CITIESo AND ANY OTHER ASSOCIATED COSTS OF GENERATION OF THE SUPPLYING CITIES. 1 ; f- i i -d3- 1 ,f . 4 1 1 a ; 1990 1h ~ I LAW OFFICES M9CALL, PARKHURST 6 HORTON ` 2950 ONE AMERICAN CENTER 717 NORTH HARWOOD 402 ONE RIVERWALK PLACE AUSTIN. TEXAS 7070-3234 NINTH FLOOR SAN ANTONIO, TEXAS 762053509 , Tnt.anr eat+>eaeo5 DALLAS. TEXAS 75201,5397 TtLCP.04t. 5-22252600 l TCLKC nl. 512470-0571 T[.V~OMt t1+i2o20op TtutGC.[ 512225205+ ' TntCO.,. 21+ 05JOiJS j . July 2, 1990 I I Mr. R. E. Nelson Executive Director Department of Utilities City of Denton 215 E. McKinney Street Denton, Texas 76201 Re: Denton Power Sales Contract with College Station f F Dear Bob: With reference to our several discussions since March 13, 1990, concerning the captioned contract, it +s our opinion that such contt,~ct on its face does not violate bny covenant in the ordinances authorizing the pre6ently outstanding Utility System _ Revenue Bands of the City of Denton. 3 We have no way of ascertaining the business or practical long term effects of this contract, but would not expect it to xy , cause any legal problems in the future issuance of revenue ii r bonds unless the net revenues of the Utility System were adversely affected. Sincerely yours, i McCALL, PARKHURST HORTON ?aul~ B. Horton PBH:k t i i r EXCERPT MINUTES F PUBLIC y 17TILIT ES BOARD i 11. CONSIDER CONTRACT WITH COLLEGE STATION. Nelson reviewed this item, explaining his only concern was how the cities wr!ild divide up the cost of the energy sales ! to College Static..i, He advised this is, as yet, undecided ; between the four cities. With the Texas-New Mexico j contract, the cities used a percentage of excess capacity. This sale will reduce the amount of energy the City can get on economic dispatch and increase costs of burning more gas, yet TMPA is selling to College Station at average price. Thompson asked when this allocation question would be i resolved. The Mayor stated there is no deadline for signing the contract and no rush in deciding this allocation. Chew made a motion to table this item until all legal and cost of energy sales division questions are clear and I included within the document. Second by Frady, All ryes, no nays, motion carried. f i J I ~I ~J 6802U:1 e / ;r E 4 r. CITY COUNCIL -F .11 a ,~p ~poaoo 1 ° ~ s e 1 a ~voP.m. Jim E. Darter WHEREAS, Jim E. Darter, captain in the fire Department, is retiring after 20 years of dedicated service to the City of Denton since his employment on Februaty 1, 19701 and WHEREAS, during his career with the City, Jim E. Darter has consistently maintained an attitude of cooperation with and dedication to the stated goals of the Fire Department of the City of Denton and WHEREAS, Jim E. Darter has exhibited outstanding expertise, j dedicating much time and effort in assisting with I the work of the fire Department and has shown great spirit in encouraging community involvement in the beat interests of the citizens of Denton] and WHEREAS, Jim E. Darter has always served above and beyond the mere efficient discharge of his duties and has to- sponded to his duties in a loyal, trustworthy and extremely faithful manner, in a spirit of cooperation with his fellow employees, and In the best interests of the citizens of the communityr NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL Of THE CITY OF DENTON, TEXAS$ That the sincere and warm appreciation of the City Council be formally conveyed to Jim E. Darter in a permanent manner by spreading this Resolution upon the official minutes of the City Council and for- warding to him a true copy hereof, PASSED AND APPROVED this day of , 1990, i 908 CAS E RRY, MAYOR 1 ATTESTS JENNIFER WALTERS, CITY SECRETARY By l APPROVED AS TO LEGAL FORMS DEBRA ADAMI DRAYOVITCH, CI9Y ATTORNEY . SY 1 r lhxflil~ T CITY POUNCIL. ~o~o~ao o . ~ t o r Op ' t~pC~~ C G ~ j s y 1i CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Resolution Authorizing City Staff to Apply for a Texas Parks and Wildlife Department Local Park Fund Grant RECOMMENDATION: The Parks and Recreation Advisory Board wishes to recommend to the City Council that this resolution be adopted in pursuit of a 50-50 matching grant for the further development of athletic facilities and general park facilities at North Lakes Park. SUMMARY: In order to apply for a 50-50 matching grant from the Local Park Development Fund through the Texas Parks and Wildlife Department, the City Council must approve a resolution authorizing its staff to participate in the program as well as certify the City is eligible to receive such assistance under the program. BACKGROUND: The bond issue passed in 1986 authorized $1.3 million to improve athletic facilities at Denia, Evers, and North Lakes Parks. The City has previously sought matching funding for park development. Three projects have been funded at North Lakes Park, general improvements at Denis, Evers+ Mack, and Skiles Parks, and Avondale Park. PROGRAM^ DEPARTMENTS OR GROUPS AFFECTED: If the grant request is funded, the development project is essentially doubled providing for money to develop four lighted softball fields, one lighted soccer field, four unlighted soccer fields, hiking anu biking trails, a fishing pier, picnic facilities, concession/restroom building, sand volleyball, playground equipment, access roads, and FISCAL IMPACT: parking areas. The fiscal impact is positive with the state matching the local contribution from bond funds. The first phase of this grant will match $500,000 local bond money to receive $500,000 from Texas Parks and Wildlife for a total Phase I of $1,000,000. Phase II will request funding for $300,000 from the remainder of the RESPE FULLY SUBMITTED: $800,000 1985 bond money for a $600,000 project. The maximum match amount is $500,000 per upplication. L1 V. Harrell City Manager i Prepared by: C i N me Robert K. Tickner Title Superintendent of Parks Appr ved N Title i I x i. i i 3 L RESOLUTION NO. WITH THEETEXAS OFFICIALS TO ACT ON BEHALF O OF THE OCITY IN DEALING DESIGNATING PARKS AND WILDLIFE DEPARTMENT TO PARTICIPATE IN THE GRANT PROGRAMS DECCITY AS LARING AN ELIGIBLE EFFECTIV£ DATE. ASSISTANCE UNDER THE PROGRAMS, AND THE WHEREAS, the United States Congress has passed the Land and Water Conservation Fund Act of 1965 (Public Law 88-578), authorizing the secretary of the Interior to provide financial assistance to states and their political subdivisions for outdoor recreation purposes; and WHEREAS, the Texas Legislature has approved Section 13.309 of the Parks and Wildlife Code to allow the State of Texas and its political subdivisions to participate in the Federal program established under the Act or other programs established by the Federal Governments and WHEREAS, the Texas Legislature has approved Section 24.005 of the Parks and Wildlife Code to allow political subdivisions of the State of Texas to participate in the Texas Local Parka, Recreation and Open Space Fund; and WHEREAS, the City is fully eligible to receive assistance under these Programs and wishes to authorize its administrative staff to represent concerning dealing these Prwith the ograms; Texas Parks and ildlife Department concer NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: rm1oN_i. That the City of Denton certifies that it is eligible receive assistance to r presentoandmactnforethenCity and authorizes the City Manager in dealing with the Texas Parks and Wildlife Department for the purpose of these programs. SECTION II. That the city designates its Executive the City'siretor of Finance as the official authorized to serve as fiscal officer to receive grant funds for these programs. a c~l III. That the City specifically authorizes the officials to make application to the '"exas Parks and Wildlife Department concerning the site to be kn,.wn as North Lakes Park in the City of Denton for use as a park site which will, upon PAGE 1 2 C, t r completion of the proposed acquisition, be dedicated for public outdoor recreation purposes in perpetuity. PASSED AND APPROVED this the day of 1990. I I BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: _ APPROVED AS TO LEGAL FORM: DSBRA A. DRAYOVITCH, CITY ATTORNEY J BY: I f I I =i texpar s.res J(`I I 1 Y it 1 1 PAGE 2 I i 7T 1.7 00 or CITY of DENTON / 215 E. McKInney / Denton, Texas 7820! PARKS AND RECREATION ADVISORY BOARD MEETING I 111 MONDAY, JUNE 251 1990 500 P.Me MARTIN LUTHER KINGf JR. RECREATION CENTER MEMBERS PRESENTI Carl Anderson, Chairman Catherine Bell Rita Pilkey Roy Appleton III STAFF PRESENT: Steve Brinkman, Director of Parks and Recreatton Bob Tickner, superintendent of Parks Joy Hesch, Senior Secretary I. MEETING CALLED TO ORDER 1 The meeting was called to order by Carl Anderson, Chairman. II. APPROVAL Of MINUTES FROM LAST MEETING On a motion by Rita Pilkey, second of Catherine Bell, the minutes of the meeting of May 21, 1990, were approved. 4u IIIe OLD BUSINESS j 14 Discussion of Budge Li Steve explained to the members that only three supplemental funding requests had been approved by the Executive Co:unittee. These were: Administrative services ($6,722), Replace Rig 13700 ($14,844), and Police Fire Alarm Repair (:7,500). The members noted that the request to restore funding for youth athletic officials was not recommended for approval and expressed concern that this may create problems. 2e Discussion of CIPs ` . Steve gave the members an updated list of CIP requests and briefly explained each item. MENOMINEE i - - , 77 . . Jr, rs.,. Parks and Recreation Board Meeting June 2S, 1990 # Page - 2 1 3. North Lakes Park Grant: The members signed a resolution in support of a grant request to the Texas parks and wildlife Department for improvements in the areas of ballfields, soccer fields, and a walking/jogging track at North Lakes Park. IVs NEW BUSINESS 1. Consider Request by St. Emmanuel Missionary Baptist Church to Conduct a Bazaar in Teed Moore Parks Steve introduced Reginald Logan, representative for the church, who explained that the church was trying to establish a family-oriented annual bazaar to create an outreach program for the neighborhood. Since this is a non-profit organization, Mr. Logan was asking the Board's support to hold the bazaar in Prod Moore Park and to waive the concession fees which are required by ordinance. He said the church would like for the bazaar to be an annual event but was asking specifically for the date of July Roy Appleton moved that the Park Board recommend to Council that St. Emmanuel Missionary Baptist Church be granted permission to hold a bazaar in Fred Moore Park on July i, 1990, and that all concession fees be waived. Rita Pilkey seconded the motion, and the motion was passed unanimously. V. OTHER BUSINESS Steve gave the members a copy of a letter from Bill Holt in which he expressed concern over the maintenance of the youth baseball fields. During the discussion, Roy said that the department should look into taking advantage of offers from citizens for volunteer work on the fields. Be also requested that a meeting be scheduled with the youth sports associations within the next two to three weeks to discuss Mre Holt's letter. VT. ADJOURN On a motion by ROY Appleton, second of Rita Pilkey, the meeting was J adjourned to allow the public meeting to start on time. 1 i PUBLIC MEETING Approximately 47 people attended the public meeting which was held to discuss the current ordinance concerning the consumption of alcoholic beverages in neighborhood parks. There were about two dozen persons who spoke in favor of the ordinance but recommended amending the ordinance to read 'possession' in lieu of 'consumption'. One person, Carl Young, voiced his opposition to the I ordinance. Il 1 ADMOD713 1 i 1 I~ FF CITY i 3COUNCIL 5 i ~~p000 0 * ~ ; 1 , 1 o a e R~ro H s• p0~ °QOOCOCcoo~' . P4. ll i f 2651L-1/3689 r NO. AN ORDINANCE ACCEPTING COHPF.TITIVE IDS AN SUPPLIES AWARDING OR SERVICES ONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. received and tabulated WHEftEAS, the City has solicited, meat, itivliesdorfoservicesuinaaccordanceewith theeproceduresiof sent' state law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein deescribedtbids ar ppliees the lowest responsible bids for the mater alsubsitted therefor; and services as shown in the Bid Proposals" for WHEREAS, the City Council has provided in the City u dgot the , id accepted the appropriation of fun ds to be used ser icesr approvthe material% THEREFORE, pplies or herein; , OW, ~ THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: ' SECTION I. That the numberor services,shownuinethe bide or ma erials, a uipment, supplies, 'Purchasin i q 8 file in the Office of the City's are "Bid Proposals " on Agent filed according to the bid number assigned t eretog bids hereby accepted and approved as being the lowest responsible for such items: BID ITEM VENDOR AMOUNT NUMBER NO. ` pgn"MFI._Ebanr~rl8~(`Y VFRT[`I FC .~--7s~~.~ - 1 1110 ALL _ S 10.611 00 1118 1 FONTAINE TRUCK $ 2,475.UQ- 1118 2 FONTAINE TRUCK 4.1,0.00 _ 1118 3A UNITED FLEET 2 497 QO - 1118 3B PO_ ATAINE TRUCK - S 22 572_OU 1127 ALL TEMPLE INC. N 7r s i' 4 d FK Wt~ ]t 4. T k approval of the above SECTION II. That by the acceptance and d Citp s the oiler numbers-lteme of the submitted bide, the accept of the persons submitting the bids for sucitems a services in purchase the materiels, equilment, supplies quantities accordance with the terms, specifications, standards qu Bid related documentseined in the Bid Invitations, and for Proposalsh and specified SECTIOIt III. That should the City and persons submitting enter yeinto a ac formal items oi the suas itae result of h the acceptance, approval, and awarding of the bide the City Manager rovidedexecute or his designated representative is hereby authorized provided that the written contract which shall. be attached hereto; the written contract in ue titiese andtspecifiedmsumso~ov~aineA quantities specifications, standards, in the Aid Proposal and related bid documents herein app accepted. SECTION 1V. That by the acceptance and approval of the above fundsbthereior inttheC amount atndein uttor es the expenditure submitted a au accordance with u roved bids or pursuant to a written app contrdaact made pursuant thereto as authorized herein. SECTION V. That this erdnnshall become eifective imme ate y upon its passage and approval. 1990. PASSED AND APPROVED this day of BOB CASTLBBERRY, MAYOR ATTEST: +i ER .T -,T ar CRE v APPROVED AS TO LEGAL 17OR11: DEBRA ADAMI DRAYOVITCH, CITY ATTORP'Y BY: PAGE TWO DATES JULY 10, 1990 CITY COUNCIL REPORT T03 Mayor and Members of the City Council FROMS Lloyd V. Harrell, City Managar SUBJECTt BID# 1110 - TYPE I AMBULANCE RECOMMENDATIONS We recommend this bid be awarded to the lowest bidder meeting specification, Pro-Med Emergency Vehicles, in the amount of $74,111.39, FOB Denton, with delivery in 120-days. SUMMARYr This bid is for the purchasa of a Type 1 Ambulance M.I.C.U. This is a remountable ambulance compartment, l+ith auxiliary power provided by a 6.5kw Onan generator, and mounted on a 1991 Ford F-350 diesel powered ambulance chassis. This unit is a Motor Pool replacement for unit number 511, a 1983 model ambulance, This unit is the oldest ambulance in the fleet and is gasoline powered. We are currently experiencing overheating and electrical problems associated with the gasoline engine and alternation electrical system. The unit has exceeded its normal life expectancy of 60-months, and has in excess of 42,826 miles on the. speedometer plus a considerable amount of engine idle time. There is no planned acquisition of additional ambulance units included in the 1990-91 proposed budget. We are currently planning to recondition and re-chassis a unit in the 1991-92 budget year at approximately 1/3 the cost of a new M.I.C.U. Ambulance, It is our intent to recondition and re-chassis each ambulance module at least once and possibly twice before they are replaced. The "gen-set" modules, powered by auxiliary generators, are totally j self-contained and will extend the chassis life considerably, j BACKGROUND, Tabulation Sheet k E PROGRAMS, DEPARTMENTS OR GROUPS AFFECTEDS Fleet Operations, Fire Department Emergency Medical Services. I i i S 1 J x~ l f { 9.r Bid# 1110 - Type 1 Ambulance July 10, 1990 Page 2 of 2 FISCAL IMPACTi Funds for this purchase are included in the Certificate of Obligation sale approved by Council for Motor Pool and Fleet Equipment. Respect£ ly submitted Lloyd arrell City Manager Pre ared by: Names Tom D. Shaw, C,R.M. Titles Purchasing Agent 032,DOC i i I I E 'R i i i~ } i i i t a 1 140 M ti~ i I -_--_"-_i-- W d h! H 'Z F' M M o O H V H a ~ H ` O I x w O Vi O N O H ' j Z ~ N .~J y ~ k o M ~ N O i O ! w o e zqv x y k0, N O O - - O~ O z b o~ x ~ to 00 O i 1 to o ~ ~ Q ~ 2 ~ y N ~ w ° I - - - - - - - - - - - - - - - - - - - - i I -7' 77 i i~Mlw ~ rrrtarr~ t I i Y DATEI JULY 10, 1990 CITY COUNCIL REPORT TOt mayor and members of the City Council L i7ROMi Lloyd V. Harrell, City Manager vr++ SUBJECTS BID# 1118 - TRUCK BEDS AND BODIES RECOMMENDATIONS We recommend this bid be awarded to the lowest bidder for each item with the exception of one piece of item Number 3. 1) Dump Body 1-Ton Fontaine Truck at $3,537.00 ea.= $100611.00 2) Utility Body 1-Ton Fontaine Truck at $2,975.00 ea.= $ 2,975.00 3A) Utility Body 3/4-T United Fleet at $2,075.00 ea.= $ 4,150.00 3B) Utility Body 3/4-7 Fontaine Truck at $2,497.00 ea.= $ 2,497.00 TOTAL BID AWARD $200233.00 SUM14ARYt This bid is for the purchase of three flatbed dump Rolfe s, 1-utility body for a 1-ton truck and three utility bodies for 3/4-ton trucks. The truck cab/chassis were approved for j purchase by Council on April 17, 1990. We are recommending the i lowest alternate bid for item 3. The narrower compartments offered 1 (15" instead of 20") are satisfactory for our intended use and less a expensive. Our recommendation to purchase two of the alternate item 3 from United Fleet and one from Fontaine Truck is based upon tho superior moisture and duet seal provided by the Fontaine body. One of these 3/4-Ton units is intended to carry electronic meters 1 an-3 highly sensitive measuring and calibrating tools. The other two 3/4-ton units are intended to carry electrical supplies, fittings, and hand tools not affected by minimal amounts of water E and dust. Bcth manufacturers responding to the alternate bid, Item 3, meet tt.e intent of the specification, that is a weatherproof storage I compartment. Based on our own past experience with our existing ,I fleet, the manufacture bid by Fontaine Truck, Koenig Service Bodies, offers a better drip rail and seal design. This automobile door type design is not only weatherproof, but moisture and dust proof. To require this particular design as part of our 1 specification when it is not always necessary, would be proprietary and could limit competition resulting in additonal higher prices. i { ~ r~W f F ~ r Bid# 1118 - Truck Bede and Bodies July 10, 1990 I Page 2 of 2 BACKGROUNDS Tabulation Sheet PROGRAMS DEPARTMENT OR GROUPS AFFECTED: Fleet Operations, Street, Dra nags, WatS er Utility, and Electric Utility Departments. FISCAL IMPACTS Funds for these truck bodies will come from 1989-90 udg~ds. 2 Dump Flat Beds (1-Ton) Street Dept. 100-020-0032-9104 $ 7,074.00 1 Dump Flat Bed (1-Ton) Drainage 100-020-0033-9104 3,'.37.00 2 Utility Body (3/4-Ton) Elec. Dist. 610-080-0252-9230 41150.00 1 Utility Body (3/4-Ton) Meter/Sub. 610-080-0255-9230 2,497.00 j 1 Utility Body (1-Ton) water/Sewer 620-081-0462-9104 2,975.00 TOTAL $20,233.00 Resper.~tf ly submitted% 1 Lloyd rrell City anager i Frepared byi flames Tom D. Shaw, C.P.M. Titles Purchasing Agent j 032.DOC 4 j 4! a t 111 's F ------`J W - --I-- ~ ~'J v C7 W W H W I y~# c N qop j co I ~ z $ td k k k ~toK t~ Y W Ln IN ' w j tb x z - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - b N W O W O W O p HG ~ C1 v d N Nth y W k Y k obi po yy O O ° O p ° N iP N rA N N N C N A W C{ H x ~ ~ W d b C to G v k b k N .i 7n 00 O O O p p - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W N W N W N W N G O N O N O W W 4 C) N y w k ON to w q ° ° m c O O p p O - - - - o----_.--------.._---.--- 1 r r DATES JULY 10, 1990 CITY COUNCIL REPORT TOt Mayor and Members of the City Council F'ROMs Lloyd V. Harrell, City Manager SUBJECTt BID# 1122 - AIR SWITCHES 111 RECOMMENDATIONS We recommend this bid be awarded to the only ddb er, Temple, Inc., in the amount of $28,572.00. SUMMARYt This bid is for pole top and crossann air switches to replace Warehouse stock, which will be used by the Electric Distribution Department. The Bridges Air Switch, which our specification is based on, exceeds all other switches on the market today by safety in switching operation, ease in installation, and conversion from horizontal to vertical mounting. Temple, Inc., is the only authorized Bridges dealer in this area at this time. BACKGROUNDS Tabulation Sheet i PROGRAMS, DEPARTMENTS OR GROUPS AFFECTEDt Warehouse Working J Cap tal for Electric. FISCAL IMPACTt Budgeted Working Capital Account 710-043-0582-8708. .I Respect l/y/submittedS { I v' ~ 1 Lloyd arrell City Manager Prepared bys f 1.11i1n.~.sV~ I Names Denise Manning Titles Senior Buyer Ap rove" Names Tom D. Shaw, C.P.M. Titles Purchasing Agent 032.D0C 1 I wag w ; i l w N - t H - -iO az N N ~ ri H { z ' - i t2j a M i~7 N 41 OD n ~ N N o o c ° y I itr lr i i I F 1 ~Ir i i r P r CITY Its COUNCEL F 1 0 ~y Nr 0 v s~ e 4 ~ N. I O C L4~~~v 1 h f s ~ r 1 At Ae,, CITY COU14CIL REPORT FORMAT e TO: Mayor and Members of the City Council FPOM: Lloyd V. Harrell, City Manager SUBJECT: Street Abandonment (Mary Lee Street) RECOMl1ENDATIUN. Approval of Ordinance Ih ` SUMMARY: Mary Lee street located on the east side of Cooper Creek Road has been requested abandoned by The Safety-xleen Corporation ' ~ i BACKGROUND: Safety-xleen Corporation is planning to expand their plant located on the east side of Cooper Creek Road. ~ 1 In order to begin these improvements, they were required to replat their tract (Lot 1, Marg-Sam Subdivision) and the adjacent property (portion of Lot 2 r Mar 9-Sam subdivision) into i one tract (Lot lA Marg-Sam Subdivision). i The replat was approved by the Planning 6 zoning Commission on 1 February 28, 1990. r Mary Lee street was dedicated by original plat and constructed by the developer in 1974. This street (245 feet in length) is ~ i used exclusively by Safety Kleen for ingress and egress to the III facilities and for employee parking. With the proposed expansion, the access will be relocated and the east half of Cooper Creek Road w.ll be reconstructed by Safety-Kleen. i The existing portion of Mary Lee street is not needed for public access and it is recommended that Mary Lee street be 1 abandoned. PROGRAMS, DEPARTMENTS, OR GROUPS AFFECTED: None r FISCAL IMPACT: If Property will be added to Safety-xleen tract which will increase tax base. heduces street maintenance by eliminating one rarely used street and rebuilding Cooper Creek into proper design section. 0773E I I all 1i t CRDINANCE NO. _ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ABANDONING AND VACATING A PORTION OF MARY LEE STREET, A PUBLIC RIGHT-OF-WAY LOCATED W%THIN THE. CITY OF DENTON, AS MORE PARTICULARLY DESCRIBED HEREIN) AND i DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton, acting pursuant to law, and upon the request and petition of the abutting property owner, Safety Kleen Corporation, the "Petitioner", deems it advisable to abandon and vacate the hereinafter described tract of land to ~le abutting property owner and is of the opinion that the portion of said street is not needed for public use and that same should be abandoned; and WHEREAS, the Petitioner has replatted the tract of land on which said street is located and dedicated a new street for the use of the public; and WHEREAS, Petitioner having complied with the requirements of State law and Sec. 2-71 of the Code of Ordinances; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the 0.326 acres of the public street right- of-way located within the City of Denton and known as Mary Lee street, being more particularly described in Exhibit "A", attached hereto and incorporated herein by reference, is abandoned and vacated. ~ SECTION II. That by operation of law, the City of Denton's property interest in the street right-of-way herein abandoned and vacated shall revert to the abutting property owner and the City of Denton hereby releases all claims to the use of the property for street purposes. ` SECTION III. This ordinance shall become effective immediately upon its pasaage and approval. ~ PASSED AND APPROVED this the day of 1990. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: i Fir. ww ~ fr APPROVED AS TO LEGAL FORM! DEBRA A. DRAYOVITCS, CITY ATTORNEY BY: - I i ' I i 1 i I~ I i I 1 1f f + Page 2 1 i I Ait~ i I ,i ,111'O~ `I P EXHIBIT "A„ r ALL that certain lot, tract, or parcel of land situated in the g Morreau Forrest Survey A-417, Denton County, Texas and being all of a street named Mary Lee street dedicated to the public use and shown on the final plat of the Marg-Saw Subdivision as shown by plat recorded in Volume 11, Page 25 of the Plat Records of Denton County, Texas and being more particularly described as follows: COMMENCING at the northwest corner of Tract 1 as shows. in Exhibit "A" of a dedication deed filed and recorded in Volume 729, Page 626 of the Deed Records of Denton County, Texas said northwest corner also being the intersection of the south right-of-way of the Texas and Pacific Railroad with the west line of said Morreau Forrest Survey; THENCE south 10 32' west with the west line of said Morreau Forrest Survey a distance of 302.7' to the Point of Beginning at the northwest corner of said Mary Lee street; THENCE south 890 26' 40" east with the north line of said Miry Lee street a distance of 245.0' to the northeast corner of Mary Lee street; THENCE south 10 32' west a distance of 70.0' to the southeast corner of Mary Lee street; i THENCE north 890 26' 49" west a distance of 245.0' to the ! southwest corner of Mary Lee street; THENCE north 10 32' east a distance of 70.0' to the Place of 3 Beginning and containing 0.326 acres of land. i I 0707E/49 4 , t i 1 I ! t r~ t i { 1) i a N r rrkry , F I i~ µ t z f Minutes Development Review Committee February 22, 1989 DRC Members Present: Elizabeth Evans, Chairperson; Renee Baker; Robbie Baughmani Glenn Fisherl Robert Ragemannt David Salmons Bob Ticknor, and Owen Yost Steve MGGraw Development Representatives Present: Bob Chug, James Cozhx. Dennis Glenn. Steve Maas, Bill Mash i i i Review of, ___XM-Sam - Final Replat i I Xr Y 4 ATTACHMENT TO MINUTES DATE- 02/28/90 PLANNING AND ZONING COMMISSION REPORT FORMAT TO$ Planning and Zoning Commission FROMt G. Owen Yost, Urban Planner SUBJECrt FINAL PLAT OF THE KARG-SAM SUBDIVISION, BEING A REPLAT OF TRACT 1 AND PART OF TRACT 21 INTO LOTS 1A and 1B. RECOMt SDATIONt The Dove lopment'Raviow Ccmittee. recommends approval. SUMMARYt This is a 22.3365 acre tract located immediately east of Cooper Creak Road and generally south of Mingo Road and the Union Pacific railroad tra:ks. The applicant proposes a major expansion of the. Safety-R.leen industrial plant, including the abandonment of Katy Lae Road per this plat, which is presently a public, dead-eel road that is utilised almost exclusively by the Safety-K.lsen operation. Construction will begin on separate parts of the project at several times between now and 1993. When all slsments are in operation, there are. scheduled to be 140 employees, split evealy between day and night shifts, j rho zoning is Planned Development. Adjacent coning is light i industrial on the east, commercial and light industrial to the west, commercial to the south, and Planned Development 131 to the north. !E BACXGROU2iDi ! i City services and facilities, including rater, gas, sanitary scree, f telephone, ulectrieal, and solid waste, are available. An existing 1 water wall on the tract will be abandoned. An existing brick I j resideaee, mobile hand, trees, barn and wire fences are to be removed. The applicant proposes to redesign and rebuild Cooper Creek Road 1 bounding the tract. The easternmost portion of the road will be built, including the "start curb of the proposed median. Upon development to the west, the western half of the road will be built, resulting in a four-lane boulevard with a median. rho replat of Tracts 1A and ID coaforms to tea minimum requirements of the Denton Subdivision and Land Development Regulations. 1878: I I i s 1 1 ` r ~ a ~e , {L9uTlS per'•--• Planainl abd =so=ns Co esiaa C 1 ~ taD[Uar~ 16, li~ F I the ratular •eetis8 of toe Plaoalag sad =belle Cosa Ualon of too city of Deacons 'total was 11414 an 'seda44day, February 28, 1990, at S100 p.m., to the Council Chesser of the Musttipal building. Presents Euliaa crock, Jig Saselbretat, Ivan Glasscoat, Judd + Holt, Willits Kusan, Bch$ hiker, ■nd tree. Morgan ` present froa Stafts Frank &choice, Et4twtLve Director for Plaanins and Developseati tobect Mellon, Eseeutive ` Direttbr for Ltilitlesl Harry Psrsaud, Senior ylaoaer, j Ellrabeth Evans, Fistulas Administrator$ Oren Toot, Urban Plasmeti Lie Allison, Water/Wastawaterl Joe Morris, Asaietaat city Attoraayi Jerry Clark, City 'rob Enlioodri David Has, Director of we ter/Wastewater 1 Utflitleel Ksse4 lakes, Watar/Yattevaterl and Olivia Carson, Clerk-typist Chairperson Brack Called tee seating to order. 1. Comslder approval of the douses of the tagulir m stiog of 14bruaty 14, 1990. It was moved by Mr. Glasscock, secoaded by Mr. Kamesa lad unaaisously a mad (6-0) to approve the slnutes of the regular aestic$ of lebruaty 14, 1990. 11. Coostdsr approval of the prallmtasry sad deal plats of the then Addition, Lot 1, Block A. I Mr. Yost pruested toe staff report (attached). Mo. Sroct asked if toe sawat service line will as built by the owner. He, Yost said yea. Upon lueatios, be added that thm tract has never been platted aid that the paglag tower is 220 feet bigh. The buildial ■uffatad atteasive fire levels but costs is an damsla to the tower itself. 'the tower will be operational slate rhea tba kalldlu$ is radoae. Mr. Eagelbraaht moved to approve the preliminary sad final f plats of the Iltaa Addition, Lot 1, S1oCk A. Seconded by Mr. Glasscock sad uaaafsoualy carried (6-0). j III laid a public costing aid cossider approval of the !foal- plat of the Marl-Sts Bukdivisica, a eeplat of tract 1 and 1 Pitt of tract 2, Tito Lets lA mad Is. Mt. Toot presented the staff re/art (attached) sad aid that the Devslopaeat lsview Committee recoseeads approval' Ma, Kiket asked for Clarlfltmtioe OR the tabuildie.l Of the told. Me. Toot stated that the toad has come redea Hoed. The developer will build the aastecamoot partial of the road, tselndlal tea eastern curb of the proposed median. ~pok devalopmest to the west, the wasters halt of the toad will be built, resulting to a tour-lase baWlevstd vice a smdiao. Chairperson stack closed the public hsarias. It was moved by Me. troct, smcesded by Mr. Kasai. sad L ae.aslsoully trill." to-0) to approve the final plot of the , Marg-Ses Subdivilion. 1 f i 1 y!~•.s YWY~ ~ fffr\ 1p(r ' f III ~ I ATTACHMEKT I ~ SAFETY KLEEN MONTI. i I 1 y Y I 1 ~ W C 1 0 1 a w 1 0. 0 f i 1 C ~0'O O o Mfr. ~ E o f mesa map 4 I I $CALM NJNL DATE ZZ 90 ; i ATTACHMENT 2 NORTH r SAFETY KLEEN $lit OCR& .100 /1 lei / ~ wn"w►a+~+~' i ~ q ~•.ct ~ t X ,,WSW WSW-00 1c.~ • y i hpj~ ~*tot w~L 1 i SCALE WOW*. OATS Z-22,10 f r~ F i t t 5 CITY COUNCIL 11 r =E r f l 40 ~It D 41 r 0 t II y 0 I c4r ro r l FFF 4.,t ORDINANCE NO. r AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A COMPROMISE SETTLEMENT AND RELEASE OF ALL CLAIMS FOR PENDING LITIGATION BETWEEN THE CITY OF DENTON AND DOROTHY PERRY; AND DECLARING AN EFFECTIVE DATE. i THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: fi 1 EE9T.LON___I• That the attached Agreement For Judgment and Release of All Claims between the City of Denton and Dorothy Perry, providing for the settlement and compromise of the litigation now pending between the parties before the 211th Judicial District Court of Denton County, Texas in Cause No. 89-0015-C, is approved in accordance with its terms. The City Manager is authorized to execute the agreement and all other documents and make the payments f and take such action as is necessary to comply with the terms of said agreement. 4 SECTION 11. That this ordinance shall become effective immediately upon its passage and approval. ! PASSED AND APPROVED this the day of 1990. BOB CASTLEBERRY, MAYOR ATTESTr JENNIFER WALTERS, CITY SECRETARY F r BY: r 3 APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY I { ~Y6a.1ifM ~ Fi NO. 89-0015-C DOROTHY PERRY, Individually + IN THE DISTRICT COURT OF and as Administratrix of + the ESTATE OF RICKY DEAN + ROPER, and as Next Friend + t ray and on Behalf of WADE ROPER + and DEBRA )(AY XULKEY + i ~ i VS. + DENTON COUNTY, TEXAS i i i SAMMONS CONNUNICATIONS, INC. + and THE CITY OF DENTON d/b/a + DENTON UTILITIES + 211TH JUDICIAL DISTRICT l AGR_EEK?uT FOR JUDGMENT A~ RELFASE KNOW ALL MEN BY THESE PRESENTS: WHEREAS, DOROTHY PERRY, individually and as Adainistratrix E l of the Estate of RICKY DEAN ROPER, and as Next Friend and on Behalf of WADE ROPER, a Minor; and DEBRA KAY MULKEY, hereinafter v Plaintiffs, have filed suit in the above entitled and numbered cause to recover damages allegedly sustained by them of and from Defendants Sammons Communications, Inc. and The City of Denton d/b/a Denton Utilities hereinafter Defendants, as is more fu1)y f IE shown by the pleadings on file herein, reference to which is here made for the purpose of showing the claims asserted by Plaintiffs against Defendants; and 1 'r WHEREAS, the Court has appointed R. WILLIAM WOOD as Guardian' Ad Litem to represent the Minor Plaintiff in the rosebution of p his cause of action heroin; and AGREEMENT FOR JUDGl~tIT AND $ - Page 1 1 i r J i L f WHEREAS, the said Defendants have denied, and do now deny, that the accident made the basis of Plaintiffs' lawsuit was in any way attributable to the Defendants' negligence and/or fault; and WHEREAS, it is the desire of all parties to compromise and settle all things and matters in dispute among them in order to ktuall'i avoid further expense, inconvenience, uncertainty of the outcome of litigation and un;iecessary litigation; NOW, THEREFORE, DOROTHY PERRY, Individually and as Administratrix of the Estate of RICKY DEAN ROPER, and as Nnxt Friend and on Behalf of WADE ROPER and DEBRA KAY RULKEY for and in consideration of the sum of THREE THOUSAND FIVE HUNDRED AND NO/100 ($3,500.00) to be paid on behalf of Defendant Sammons Communications, Inc. and all cost of Court to be paid as herein provided, and ONE THOUSAND AND NO/100 DOLLARS ($10000.00) to be paid by or on behalf of The City of Denton d/b/a Denton Utilities have released and do ,elease and discharge SAMMONS f CONNDNICATION3, INC., and THE CITY OF DENTON D/S/A DENTON UTILITIES, their insuranat carriers, agents, employees, assigns, representatives, indemnitors and any and all other persons, i firms, parties and corporations that might be in privity with j 1 them, whether named herein or not, all and Each of them, from any { and all claims, demands, actions or causes of action, or suits of whatsoever nature, which DOROTHY PERRYT Individually and as Admin"tratrix of the Estate of RICKY DEAN ROPER, and as Next i Friend and on Behalf of WADE ROPER; and DESPA KAY XULKEY now 1 i arursm FOR - Page 2 1 ~r i ~ NifiV 1'~ r 4 rn.'a.r f' have, or in the future may have, for injuries and damages resulting to such Plaintiff and the Minor Plaintiff, allegedly received and arising out of an alleged fall of Ricky Dean Roper which occurred on September 19, 1988, at or near the corner of Wilson near the Martin Luther King Recreation Center, Dallas, Dallas County, Texas. Plaintiffs and Guardian Ad Litem for and on behalf of the ; Minor Plaintiff warrant and represent that they fully understand { that upon the approval of the Court of this Agreement for i Judgment and Release, and that upon entry of judgment in accordance therewith, and payment by the Defendants of the total fi sum of $3,500.00 plus court costs to be paid on behalf o'. Sammons Communications, Inc. and $1,000.00 to be paid on behalf of The } j City of Denton, that defendants, their insurance carriers, employees, agents, assigns, representatives, indemnitors, and any and all other persons, firms and corporation in privity with the defendants will be fully and forever released from any and all claims, demands or suits of whatever nature which Dorothy Perry, i Individually and as Administratrix of the Ectate of RICKY DEAN i ROPER, and as Next Friend and on Behalf of WADE ROPER; and DEBRA i KAY MULKEY, or any of them, now have or in the future may have as a result of the incident above mentioned. It is further agreed that defendants have not assumed any liability for any medical aid, hospital bills, doctor bills or i any other exr nses resulting from the injuries to the deceased Ricky Dean Roper, and plaintiffs agree to hold defendants AGRM2UN'T toR JUDGKENT AND REL.EA9Z - Page 3 r s„ I r 1 i nce ~ l pet F, t f v harmless from any claimed liability against defendants for any such expenses. Further, for the same aforesaid consideration, DOROTHY PERRY, Individually and as Administratrix of the Estate of RICKY DEP.N ROPER, and as Next Friend and on Behalf of WADE ROPER; and ["flog DEBRA KAY MULKEY agree to fully and completely indemnify and hold harmless SAMMONS COMMUNICATIONS, INC. and The City of Denton d/b/a Denton Utilities and their insurance carrier, employees, q agents, assigns, representatives, indemnitors and any and all a other persons, firms, parties and corporations that might be in privity with the defendants, whether named herein or not, all and each of them, of and from all future claims, demands, actions or causes of action, including but not limited to legal fees, court i costs, and reasonable and necessary expenses, costs of t investigation and preparation of defense, and judgments, if any, j stemming from any future claim or claims that may ever be brought by DOROTFlY PERRY, Individually and as Adsinistratrix of the Estate of RICKY DEAN ROPER, and as Next Friend and on Behalf of a II WADE ROpffitp and DEBRA R]1Y 1[ULi= and arising out of the ~ aforementioned incident; and from any future claim or claims for contribution, indemnity, credits and/or set-offs that ever might i be asserted or pursued by any third parties against SAMONS COMMUNICATIONS, INC. and THE CITY OF DENTON D/B/A DENTON UTILITIES aL a result of any claim or claims brought by or on behalf',of the above named Plaintiffs by reason of or based on the above described occurrence. 1 AGREZKM FOR ' A!!D R9EJASB - Page 4 y 1 t R+rwrq Plaintiffs further warrant and represent that they have entered into this Agreement for Judgment and Release acting upon their own knowledge and information, and that no other promises, representations or inducements have been made or given them by the said defendants, or any servant, agent, representative, employee or attorney acting on behalf of the defendants, except as specifically set forth herein. WITNESS OUR HANDS, this the day of 1990. j i Uk c DriROTBY , _ au-alyI~ uW as nistr trix of the i Estate of RICRY DEAN ROPER, and as Next Friend and on Behalf of WADE ROPER i , R. 1I1'Id.IAI( ldOOD GUARDIAN AD LITEM FOR MINOR PLA INf IR F, WADEROPER k - Page 5 i I~ APPROVED: C r ' l[IC11 • R. LIP MB ATTORNEY FOR P. INTIFFS I ~ IIAR'!SJ► L. RUSSELL ATTORNEY FOR DEFENDANT 1 SAMMONS COMMUNICATIONS, INC. j j EY 111:Kffi.4 RICIIlIRD Attorney for Defendant The City of Denton f f i E 0 Page b ! i f 11 r RE] 1 THE STATE OF TEXAS COUNTY OF DALLAS personally 1 on this day p BEFORE ME, the undersigned authority, known to me to be the person whose name appeared DOROTHY PERRY, and acknowledged to me is subscribed to the foregoing instrument, for the purpose ,.nd consideration that she executed the same 1 as set forth above. therein stated, and in the capacity } t ~I A ~ DO OTBY PERRY, /Ir V iWally 1 and as Adainistratrix of the 8state of RICKY DEAN R0PZRo and as Next Friend and on Behalf of WWI ROPER l SUBSCRIBED AND SWORN To BEFORE ME, on this the A,Q„ day of 1990. f LlOW$" W DPM Joe Z1, 1995 offer pu iYintan ar the state of Texas J i page 7 3 ~Y.w« 41V~s ~ i .aNM I THE STATE OF TEXAS COUNTY OF DALLAS personally BEFORE ME, the undersigned authority, on this day p appoared DOROTHY PERRY, known to me to be the person whose name I is subscribed to the foregoing instrument, and acknowledged to me ! ur osa and consideration that r9he executed the same for the p P and in the capacity as set forth above. therein stated, i E bra 4 E DSO OTBY PERRt7Cr rs~iV lly and as Adainistratrix of the Estate of RICKY DBAX ROVERV and as next Friend and on Behalf of WADE ROP.Idt ij i ~ ~Q SUBSCRIBED AND SWORN TO BEFOPE ME, on this the day of 1990. Jx4 LaiLIMC01N .~1 w cow"o too" Jung al. 1943 Lo No ar u ff~~' n an . or than state of Texas 1 9'. page 7 r: I 77- li i ff F 1 , #R, f r THE STATE OF TEXAS ) COUNTY OF DALLAS ) BEFORE ME, the undersigned authority, on this day personally appeared DEBRA KAY MULKEY, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged "L to me that she executed the same for the purpose and consideration therein stated, and in the capacity as set forth above. I D KAY /l SUBSCRIBED AND SWORN TO BEFORE ME, on this the day of 1 1990. LIE UPMMI w oowraM wMn s JuM 21, 1993 I Notary o or I ~f- ~ in nSndA1 f the State of Texas I p R 1 ' AcRltBI= FOR "Q== AND R.KLW9 - Page 8 t f t ~ 1 .r..1JWY~,~~r4 W r F r I E i77LJ y9=10.i5.~7. J DOROTHY PERRY, Individually S IN THE DISTRICT COURT OF and as Adii.nistratrix of S the ESTATE OF RICKY DEAN 5 ROPER, and as Next Friend S and on Behalf of WADE ROPER S I and DEBRA RAY MULKEY S DENTON COUNTY, TEXAS ' S VS. S ` S SAMMONS COMMICATIONS, INC. S and THE CITY OF DENTON d/b/a S DENTON UTILITIES S 211TH JUDICIAL DISTRICT r '4 r 1 i 1 on this day came on to be heard the above entitled and a numbered cause, and came Plaintiffs, DOROTHY PERRY, Individually I and as Adsinistratrix of the Estats of RICKY DEAN ROPER, and as Next Friend and on Behalf of WADE ROPER and DEBRA KAY MULXXY through their attorney of record, and came Defendants SAMMONS ' COMMUNICATIONS, INC. AND THE CITY OF DENTON, D/B/A DENTON UTILITIES, appearing by their attorney, and R. WILLIAN WOOD, 3 I I GUARDIAN AD LITEN, also appeared, and it was announced to the Court that a compromise had baon reached, subject to the approval of the Court, by the terms of which Defendants Sammons I Communications, Inc, agreed to pay $3,500.00, and The City of Denton d/b/a Denton Utilities agreed to pay to the plaintiffs the total sum of $1,000.00 with defendant Sammons Communications, i Inc, to pay the costs of court and the Guardian Ad Litem !teal anti pmt Q - Page 1 1 -7T - N R W'bLR! 1 ~1 f The Court finding that there is a potential conflict of interest between DOROTHY PERRY, Individually and as Administratrix of the Estate of RICKY DEAN ROPER, and as Next Friend and on Behalf of WADE ROPER as to the apportionment of the recovery herein; Therefore, the Court has previously appointed R. WILLIAM f WOOD, a practicing attorney of Denton County, Texas, as Guardian Ad Litem to represent the interest of such minor plaintiff, and it is now ordered that R. William Wood be awarded the sum of $500.00 for his services, which amount is taxed as costs to be paid by the defendant Sammons Communications, Inc.; and Said Guardian Ad Litem having asked for and received a reasonable time to acquaint himself with the facts and the law herein, and after such study and deliberation, reported back to the Court that in his opinion this is a case in which there is a dispute as to liability, and that in his opinion the agreement of settlement herein outlined is just and fair under the circumstances and should be approved= and The Court, having read the pleadings in this case, and having heard full testimony, finds that this is a case of disputed legal ! liability and there is further dispute as to the extent of l damages to which minor plaintiff is entitled, if any, and finds that the agreement of settlement, entitled Agreement for Judgment j { and Release, which is filed along with this Final Judgment, should be approved, and said agreement is hereby approvedl and Page 2 , 1 { ~a11Ar~ 'il~.~ S t IT IS ORDERED, ADJUDGED AND DECREED by the Court that the minor plaintiff do have and recover of and from Defendants Sammons Communications, Inc. and The City of Denton d/b/a Denton Utilities, the total sum of $4,500.00, said sum to be paid by defendants as follows: (1) Sammons Communications, Inc. shall pay to DOROTHY PERRY, Individually and as Administratrix of the Estate of RICKY DEAN ROPER, and as Next Friend and on Behalf r of WADE ROPER; and DEBRA KAY MUIXSY the total sum of THREE THOUSAND FIVE HUNDRED AND NO1100 ($3,500.00). j I Dorothy Perry shall pay tha fees and expenses of her attorney from the above referenced sum. (2) The City of Denton d/b/a Denton Utilities shall pay to DOROTHY PERRY, Individually and as Administratrix of ) the Estate of RICKY DEAN ROPER, and as Next Friend and on Behalf of WADE ROPER; the total sum of ONE THOUSAND ~ i AND NO110o ($1.000.00). Dorothy Perry shall pay the fees and expenses of her attorney from the above referenced sum. IT IS FURTHER ORDERED, ADJUDGED AND DECREED by the Court 1 i that defendants, having duly paid said judgment and discharged same in its entirety, and having paid the Guardian Ad Litsm fee, will stand fully released and forever di-mcharged of and from any and all liability whatsoever to DOROTHY PERRY, Individually and as Administratrix of the Estate of RICKY DEAN ROPER, and as Next Friend and on Behalf of WADE ROPER; and DEBRA KAY MULXZY or r a rTM ' - Page 3 I 3 i f pea... • ' t WITNESS MY HAND this K_ day of CA , 1990. i DEBRA KAY 4E I THE STATE OF TEXAS f COUNTY OF DALLAS ) BEFORE ME, the undersigned, a Notary Public in and for said County and State, un this day peraon'<lly appeared DEBRA KAY MULKEY, known to me to be the person whose name is subscribed to the foregoing instrument, and having the same fully explained to her, acknowledged such instrument to be her act and dud, and I declared that she had willingly signed the same for the purposes and consideration therein expressed. I i i GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 1990. .y, LRt UP1<COW r w oow+waw tuna I • .hrM 21.1903 ~ Noaryy FuIn an or the State of Texas My Commission Expirest Notary's Printed Name $$L$~ - Page 5 lr c ~ } ~c CITY COUNCIL: y f I 1 i 0 ' or o~ f tiA hr ? ♦ Q r t * I i s t i i I i I j. ~ i Ala. D. i MY of DENTON, TEXAS MUNICIPAL BUILDING / 6ENTON, TEXAS 76201 /TELEPHONE (817)566.8200 v July 10, 1990 CITY COUNCIL AGENDA ITEM TOt MAYOR AND MEMBERS OF THE CITY COUNCIL i FROMt R. E. Nelson, Executive Director of Utilities SUBJECTt CONSIDER APPROVAL OF A CONTPACT WITH MINER AND MINER FOR A DATABASE DESIGN TO BE USED WITH THE CIS SYSTEM RECOMMENDATION a The Staff recommends the approval of this contract with Minor 6 1{ Miner for a database design for CIS use. SUMMARY/BACKGROUND r • The City is currently implementing the CIS system from ESRI. Part 1J t` of this implementation will be to include a database ~estgn. The database design from Miner and Miner will be for the water, sewer and electrical systems and also a land base including streams, curb ` I lines, survey lines, street center lines, right of way lines, etc. i 1 t This consulting contract will extend over a fifteen week period. In addition to the database design, the electric and water utilities will receive customized software for the for the I ' management of maps and data. i AGENCIES AFFECTED W Citizens of Denton and the C!ty of Denton Electric and Water Utilities and General Government. 6' ~ I F FISCAL IMPACT The cost of the contract is $35,700. This money is to come from funds set aside previously for GIS. 6 l ~ !E 4 J ell- law loom ~ra c r i Respectfully submitted, U oy arre i anager Approved by: e on, Execut v Director of Utilities i Exhibit I: Resolution II: Proposed Agreement i f E f h I 3 1 I i i I W ~ It 6 1 t 1 ORDIN:."+=E NO. tt„, AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND MINER AND MINER, CONSULTING ENGINEERS, INC. FOR THE DESIGN AND IMPLEMENTATION OF DATABASE AND USER INTERFACE SOFTWARE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the city manager is authorized to execute an agreement between the City of Denton, Texas and Miner and Miner, Consulting Engineers, Inc. for the design and implementation of database and user interface software, under the terms and condi- tions contained in said agreement, which is attached hereto and made a part hereof. 1 SECTION II. That the City Council hereby authorizes the expenditure of funds in the manner and amount as specified in the agreement. SECTION 111. That this ordinance shall become effective immediately upon its passage and approval. t PASSED AND APPROVED this the „ day of 1990. a BOB CASTLEBERRY, MAYOR i i i ATTEST: f + JENNIFER WALTERS, CITY SECRETARY ' BY t APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY 11Y. I i I, l ~+Hav' gJiq { i I , I ~ 4 ~ u I I' AGREEMENT FOR DATABASE AND USER INTERFACE DESIGN SERVICES CONTRACT NUMBER 1290.553-1 E This is an Agreement made as of 1990, between the City of Denton, Texas (OWNER) and Miner and Miner, Consulting Engineers, Inc. (CONSUL- TANT). OWNER employs CONSULTANT to provide OWNER with a Database and User Interface Design for ARGINFO for use in an Automated Mapping/Facilities Management (AM/FM) environment in accordance with the attached Scope of Work (Appendix A), dated (the "Assignment"). For purposes of this Project, CONSULTANT may employ as an associate fun. Environmental Systems Research Institute (ESRI), hereafter referred to as Associate. Specific duties for CONSULTANI' and Associate are designated in the attached Scope of Work. Throughout this Agreement, the word CONSULTANT may refer to duties, rights and responsibilities of both CONSULTANT and Associate. SECTION 1-- BASIC ,SE$yjCI S OF CONSULTANT 1.1. After written authorization to proceed, CONSULTANT shall perform the basic services in accordance with the attached Scope of Work. 1,2. CONSULTANT shall consult with OWNER to clarify and define OWNER's requirements for the Assignment and review available data 1.2.1. CONSULTANTS relationship to OWNER in the performance of this Contract is that of an independent contractor. The personnel performing services under tlds Contract ; shall at all times be under CONSULTANTS exclusive direction and control and shall be employees of CONSULTANT and not employees of OWNER. CONSULTANT shall be fully liable for all acts and omissions of its employees, subcontractors, and their supplier and shall be specifically responsible for sufficient supervision and Inspection to assure compliance in every respect with Contract requirements. 1.2.2. There shall be no contractual relationship between any subcontractor of Supplier of CONSULTANT and OWNER by virtue of this Contract. No provision of this Contract shall be for the benefit of any party except OWNER and CONSULTANT. CONSUL- TANT shall pay all wages, salaries, and other amounts due its employees in connection with this Contract and shall be responsible for all reports and obligations respecting them, such as Social Security, income tax withholding, unemployment compensation, workers' compensation and similar matters. 1.3. CONSULTANT shall furnish software and documentation for the Assignment as specified in the attached Scope of Work. Miner and Miner 1290-553 Page 1 of 6 pages June 29, 1990 Mn1a~ i r 1.3.1. The CONSULTANT retains allpmprietary rights for all software and documentation furnished to the OWNER for use on this Assignment. SECTION 2 Alr1D17I0NAi SERVICES V 2.1. Additional Services related to the Assignment will be rform,~d by CONSULTANT for an additional professional fee, if authorized in writing by OWNER prior to CONSULTANT perforating additional services. SECTION 3 --OWNU'5AL9K ISIBII= OWNER shall do the following in a timely manner so as not to delay the services of CONSULTANT: 3.1. Provide all criteria and full information as toOWNER's nquirenrnts for the Assignment and designate in writing a person with authority to act on O' Elk s behalf on all matters concerning the Assignment; 3.2. Furnish to CONSULTANT ail existing studies, reports and other available data pertinent to the Assignment, in accordance witi` the attached Scope of Work. SECTION 4--PERIOD!QE,gERVICE 4.1. CONSULTANTs Basic Services will be performed and the Pilot Project completed within the time period or schedule stipulated 6i accordance with the attached Scope of Work. 4.1.1. CONSULTANT shall begin ASSIGNMENT within 30 days of execution of this 1 Agreement and complete the ASSIGNMENT vp1t)" 140 days of the ASSIGNMENT starting j f date. 4.2. CONSULTANT s Additional Services will 1xi performed and completed within the time period agreed to in writing by the parties at the time such services are authorized. I y SECTION 5 PAYMENTS TO CONS _ AyNT ~ 5.1. Mew pf Pa=Cn1for P&=Cp1fQtSWdGesof CONS 5.1.1. For Basic Services. OWNER shall pay CONSULTANT for all Basic Services rendered under Section 1 as follows: i i Miner and Miner 1290-553 Page 2 of 6 pages June 29, 1990 I i awl i I I~ I 1+L { r T I 4 i h 5.1.1.1. On the basis set forth as follows, phased fixed fee of $35,700: T~ Paxmcnt h Upon execution of this Agreement $ 1,500 Upon completion of Tmk 1.2.4 as set forth to the attached Scope of Work 14,500 " Upon completion of Task 1.3.2 as set forth to the attached Scope of Work 12,000 x>e Upon completion of Task 1.2.5 as set forth to the attached Scope of Work 7,700 5.1.2. For Additional Services. OWNER shall pay CONSULTANT for all Additional Services rendered under Section 2 on the basis agreed to in writing by the parties at the time such services are authorized. 5.2. CONSULTANT shall submit phased statements for Basic Services rendered. The phased statements shall include detailed support for Basic Service Labor and Expenses. 5.3. CONSULTANTS above charges are on the basis of prompt payment of bills rendered and continuous progrecs of the wont on the Assignment until completion of the final task. 5.4. If OWNER fails to make any payment due CONSULTANT for services and expetses within thirty days after receipt of CONSULTANTS statement therefor. CONSULTANT may, after giving seven days' written notice to OWNER, suspend services under this Agreement until CONSt JLTANT has been paid in full all amounts due for services, expenses and charges. SECTION 6 GENERAL CONSIDERATIONS I 6.1. CONSULTANT shall deliver to OWNER one (1) copy of application software. user's manuals, and associated documents prepared under the terms of this Agreement. Originals of des-..;m and study notes, calculations, correspondence, and similar material will be maintained by the CONSULTANT and made available to the OWNER on request. Reasonable amounts of copies will be furnished to the OWNER by the CONSULTANT at no additional cost. OWNER has then t to use all such documents for OWNER's internal use only without obligation to CONSULTANT. Any reuse by OWNER on any other project or extension without written verification or adaptation by CONSULTANT for the specific ppurpose intended will be at OWNER's sole risk and without liability or legal exposure io CONSULTANT orhis independent professional associates or consultants and OWNER shall indemnify and hold harmless CONSULTANT and CONSULTANTS independent professional associates and consultants from and against all claims, damages, losses and expenses, including attorney's fees, arising out of or msultin therefrom. Any such verification or adaptation requested by OWNER and provided by CONSULTANT shall entitle CONSULTANT to additional compensation on a mutually agreed upon basis. Miner and Miner 1290-553 Pap 3 of 6 pages 1 June 29, 1990 i r i 6.1.1. CONSULTANT warrants that it has (1) exercised and will continue to exercise high # standards of professional cane, knowledge, skill and'udgment in performance of its obligations hereunder, (2) that in preparing its data, analysis, t~orecast or service documentation, it shall use sound professional principles and practices in accordance with accepted industry standards and in conformance with the descriptions, data, or other requirements set forth in the Agreement, and (3) if notified of any material errors in the service, it shall use its best efforts to correct such errors at no additional cost to OWNER. 6.2. OWNER and CONSULTANT each reserve the right to cancel this Agreement at any time by giving the other party Qiirty (30) days written notice of its intention to cancel. If the r Agreement is cancelled before completion, OWNER agrees to compensate CONSULTANT for services provided and expenses incurred prior to notice of cancellation. 6.2.1. OWNER and CONSULTANT each is hereby bound and the partners, successors, executors, administrators and legal representatives of OWNER and CONSULTANT (and to the extent permitted by paragraph 6.2.2 the assigns of OWNER and CONSULTANT) are hereby bound to the other party to this Agreement and to the partners, successors, executors, r3ministrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements and obligations of this Agreement. 6.2.2. Neither OWNER nor CONSULTANT shall assign, sublet or transfer any rights under or interest in (including, but not without limitation, moneys that may become due or moneys that are due) this Agreement without the written consent of the other, except to the extent that any assignment, subletting or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent CONSULTANT from employing such independent professional associates and consultants as CONSULTANT may deem appropriate to assist in the performance of services hereunder, however, OWNER retains the right to approve all subcontractors. CONSULTANT agrees to comply with Federal Equal Opportunity Employer labor practices. 6.3. The CONSULTANT agrees to carry and keep in full force during the performance of woek hereunder insurance sufficient to fully protect CONSULTANT and OWNER from all d=ges, claims, suits and/or judgments, caused or claimed to have been caused by, or in E connection with the performance or failure to perform any work undertaken by the JI Consultants, his subcontractor, or their agents, or employees. The Insurance Requirements shall include Workers' Compensation and Employer's Liability which shall apply to all persons employed by CONSULTANT and which shall conform to the statutory requirements of each J state in which CONSULTANT performs work. CONSULTANT may be a qualified Self- insurer for Workers' Compensation in certain states, and may be a participant in mandatory State funds in certain states. 6.3.1. In addition, CONSULTANT shall carry Commercial General Liability in the amount of $1,0110,000, each occurrence and $1,000,000 aggregate, and Business Automobile Liability covering all owned, non-owned and hired automobiles of CONSULTANT, with the OWNER as an additional insured, in the amounts as follows; Miner and Miner 1290.553 Page 4 of 6 pages June 29, 1990 1 1 E Liability Bodily Injury/ProNrty Damage - $1,000,000, single limit Uninsured Mote Vehicle Bodily Injury - $25,000 each person; $50,000 each accident 6.3.2• CONSULTANT shall and does hereby agree to indemnify and hold harmless OWNER from any and all damages, loss, or liability of any kind whatsoever, by mason of injury to property or third persons occasioned by negligent or intentional acts or omissions of CONSULTANT, its officers, agents, employees, invitees, and other persons for whom it is E legally liable, with regard to the performance of this Agreement, except to the extent such acts or omissions are attributable to OWNER, and CONSULTANT will, at its cost and expense, defend and protect OWNER against any and all such claims and demands. r " 6.3.3. The user interface developed by CONSULTANT for OWNER is sold as a service product; on-going use of the use interface software by OWNER in a manner other than that for which it was designed will result in no liability to CONSULTANT based on damages resulting from use of the user interface software. 6.4. OWNER will have the right to audit the accounting records and associated documents of the CONSULTANT. Such right to audit shall be for determination of compliance to terms and conditions of the Contract and shall include, but not be limited to the following circumstances: I . if the Contract is terminated for any reason in accordance with the provisions of this document, OWNER will have the right to check the amount claimed by the CON- SULTANT at the date of termination. 2. In the event of disagreement between the CONSULTANT and OWNER at any time on the amount due under the terms of this Contract. 3. To substantiate the amount invoiced or peid, or in connection with added work authorization. S 4. Whenever necessary to determine OWNER's rights and the CONSULTANT's obligations under the Contract or to ascertain any facts relative to any claim against the i CONSULTANT which may become a cl. age against OWNER, The CONSULTANT and Subcontractors shall preserve all records and accounts associated with this job for a period of two years after the completion of the Contract. 6.5, Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than OWNER and CONSULTANT, and all dudes and responsi- bilides undertlken pursuant to this Agreement will be for the sole and exclusive benefit of OWNER and CONSULTANT and not for the benefit of any other party. G Miner and Miner 1290.553 Page 5 of 6 pages June 29, 1990 , I j MCI f!.til sr. r h, sentence clause, prase or word in the Agreement , or If any section, subsection, paragrap application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Agreement, and the parties hereby declare they would have enacted such remaining portions despite any such invalidity. 6.6. This Agreement (consisting of pages 1 to 6 inclusive) together with attached Scope of Work constitutes the entire Agreement between OWNER and CONSULTANT and supersedes all prior written or oralundentandings. or This caagreement d ncelled bye duty exattached ope of ork ecuted written instrumentaY only be amended, supplemented, modified IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year first above written. a OWNER CONSULTANT C[T )FDENTON TEXAS MINER AND MINER, CONSULTING ENGINEE S~ By: By Lloyd V. Harrell, L ~ity Manager Charles W. Meyers, P. President Date: Lf, 010 Date: ATTEST: Jennifer Walters, City Secretary By: Date: I APPROVED AS TO LEGAL FORM: E Debra A. Dmvvvovit%ch, City Attorney Date' r~ S - SG Addresifor Giving Notices: Address for Giving Notices: 210-77th Avenge- Ant Shct -CijX of Denton At= D,, haaO-ng n tlr-~-~ 201 B Texasu et(~jt a I Denton, Tx 76201 t Minor and ner 1 1290-533 Page 6 of 6 pages fi Juno 29, 1990 V l /1 lrF AdM1, 1I Y 4r 'I I s , P APPENDIX A DATABASE AND UE R INTERFACE DESIGN SCOP OF WORK 1.0 Scope of Work Miner and Miner (M&M) will Provide database design services and utility application software for the City of Denton. These services and products will be performed and delivered to run on an IBM Unix workstation platform as the folJowin` g task series: 1. Database and User Interface Design In conjunction with the utility database design effort, Miner and Miner will prepare an h ARC/1NF0 Lad Base Design, I Within ARC/INFO, the Lad Base will be represented by a set of coverages and related attribute tables. The design of this Land Base must support required map products anticipated by Denton GIS users and serve as a reference for utility features and applications. Ali maps and geographic analysis ap licatlons anticipated for the Denton Ana BC/INF0 GIS will p Such be ties to a representation of the earth s surface, a Lared Base'. ll include buildin curb as specified b the City of Denton such physical features lsuch as ad holding tech asp he land lines, etc, (called planimetric features), or legal divisions trai survey lints, street center lines h as right-of-way, eonour lines and spot ellevvatio ssare included. ! More advanced Land ap aph Bases incorporate In some cases, topographic features such pclaqumetric cadastral and topographic features. I Land . On conclusion of pilot area testing and analysis, the City of Deento will be c oposio be will proceed to database conversion with confidence that high priority ha describe each task consistent with thn fully populated database. The following paragraphs series in greater detail. Task Series 1 Database and User Interface Design Task 1.1 $pjQGS Kick Qff~&Ga~ 'rho project will begin with a Kick•Off Meeting in which the system design and project management methods will be reviewed. Techniques and tools for developing the database design will be reviewed. addition, a joint working relationship which ilprovide will the design team with necessary information while minimizing staff time requirements developed. Task 1,2 )?9AbAVSkA2A Immediately upon conclusion of the project kick-off meeting, Miner and Miner will initiate the task of database design. This process is critical to the overall utility of the Automated Mapping/Facilities Management (AM/FM) database. Md~uau review pby roath which affords generous review to assure quality and completeness. Denton will ensure that, 1) design oversights may be avoided, and 2) the City of Denton has a full ~ Miner and M rear Page 1 of 3 1290-SS3 5/24)90 1 I 1 I Ole y t` I r r F understanding of the structure of the database and the full potential for application design task are: within this database. The essential steps M&M will follow in the database design development ` 1. Review of Existing Studies and Source Documents: Miner and Mi jer will ication review, if available, existing conceptual database design specification? and pRpClINFG te -in the requireme; ts, the basic tenets of which M&e will map attempt and tai tar records andlor other I database de:t'a. i.4&M will also review Bsr rements. A full-day review session information otffering 1'uidelines on GIS trap product to complete these with technical participints of the City of Denton GIS team will be required reviews. :*-sa Draft Database Design: Based on reviews of existing 2. Prepare Preliminary . application irements, Miner and Miner will material and knowledge of the high priority apP roqu and prepare a Preliminary Draft Database Design which will be a'first cut' at th-. con of Donlon for review t The design structure will l the address the ARhe w to , sewers electrical cyst ms, and land base databases. 3. Review Prefimfnary Draft Database Design: This to be conducted consist of _phonn comments from the City of Denton as well as a review meeting conference call. 4. Preparation of Drco Final Database Design: Based on results of the design review, M&M will revise the Preliminary Draft and prepare a Draft Final Database Design. This sign will serve as a model for development of the pilot area project Finalize Database Design: On completion of the pilot area database testing, 5 • the database design identified as necessary henanales ysis. and/or additions to M in e mM wourse of the to pilot c Task 1.3 for utility users, M&M will rovide added To snake fire ARC/INFG GI5 more friendly np~ nts to software cuatoatized for the City of Denovn'thTthe database d e gr► f the Ciy of Denton. ARC4NFO sad wi11 be designed to work They are part~ ~of a packagt fa elecuicutl, water artd west water and ~d give MMARC'I Oc)I.S- T1tis vide the tools for managing sups GIS for facilities nunageaoent ncuons. the user a simpler means of using the g The PUTS are menu-driven sets of maros written in Are r interfaces and applicationsw hich comes with into retive langua a for designing use ARi~O, The P& consist of four utilities. ages Of data sets for an ARCANFO MMSARC - A utiliry~ fibular and graph. entry processes for feature attribute daata, database, MMSARC sets up th and provides for original data error checking. net net and Page 2 of 3 1290-553 5/241'90 ell' {i/I~r y ~1~ SI J 1 [ f MMSAE A utility for editing/adding to data MMSAE provides the user with control of coverages for edit and background display, and capabili ties to edit feature attribute tables, MMSAP A utility to simplify query and display of coverage data MMSAP enables the user to interactively query feature attribute tables, and to compose screen and hard copy displays. MMLIB A utility to simplify the use of ARCANFO's librarian, which enables the user to look at and manage large areas or portions of large areas of data i mw) 1hes, software tools will provide the structured query enAronment for the City of Denton's Geographic Information System, including menus and screens for engineering and facility , data, capacity and loading, maintenance schedules and history, inspection schedules and history, land use information, equipment and construction standards. The Primary User Too] Customization task is comprised of the following steps: 1. Functional Specification Review: M&M and the City of Denton will review existing functional specs for the PUTs to determine what customization, if any, will be necessary. The review meeting will be conducted by telephone conference call. ' 2. PUT Customization: Based on the results of due functional spec review, M&M will customize the PUTS for the City of Denton, 3. PUT Installation: Once PUT customization is finish-d, M&M will install the software for the City of Denton. 4. PUT Training: After the PUTS are installed, M&M will provide training and documentation to the City of Denton in order to ensure a thorough working knowledge of the software. Two days of training will be provided for up to four people. Each of the project tasks and estimated start and duration is shown on the following Project f Schedule. i E i Miner and Miner j 1290-553 Page 3 of 3 i 5/24190 t t « rr . a ~ p i a+~g ~pp ~ 2 y yew a i c N a a ttCyy + r• t C e [s7 am ' y 00 AOsal N b C. I ~ A I ~r tr. . q".:w ~ ~1• I f CI COUNCIL a j 0 Q 9 4 O i ♦ 14 Q ~O7k~+' ~ ~ QCOO _vCK1G l i r i i I 74 I~ IINI'Yf~ I i 5 j . ` i 4 CITY of DENTON# TWU# 215 E. WK1NNEYI DENTON, TEXAS 762011 TELEPHONE (617)50#,M 9 NEMURANDUM DATE: July 6, 1990 T0: Lloyd V. Harrell, City Manager i FROM: John F. McGrane, Executive Director of Finance SUBJECT: 1990 AUDIT i have discussed with the City Attorney the matter of the audit I engagement letter with the firm of Deloitte and Touche. She has J I advised me that an ordinance is required in order to contract ; with them to perform the 1990 audit. An ordinance has been placed on the July loth council meeting agenda. If approved I will forward a signed copy of the engagement letter to Deloitte and Touche. ` If you have any questions please advise. ~.4 I John F. McGrane % 1 i JFMcG/ljw 1 5309F F E S A i i i a 2744L ORDINANCE NO. mr AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT BE- TWEEN THE CITY OF DENTON AND DELOITTE 6 TOUCHE AS AUDITORS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1990, AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Council of the City of Denton, Texas es res to a.point Deloitte a Touche as the auditors for the City of Denton, Texas for the fiscal year ending September 30, 1990, SECTION II. That Deloitte 5 Touche is hereby designated as j the au-'&T_t"ing`-?irm for the City Of Denton, Texas for the fiscal year ending September 300 1990 in accordance with the terms and provisions of the commitment letter of Deloitte 6 Touche dated May 9, 1990, and the conditions set forth in the Proposal to Provide Professional Services, copies of which are attached hereto and made a part hereof for all purposes. SECTION III. That this ordinance shall become effective imme late y upca its passage and approval. PASSED AND APPROVED this the day of , 1990. 1 i BOB CASTLEBERRY, MAYOR 1 E ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: d APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY _ i BY N~A i 1 'r k i "9 . r De1o1tte & Touche 601 Cherry Street, Suite 2340 Metro. 654-2777 fort Worth, Texas 76102-6801 Te ephore: (817)'336-2531 May 9, 1990 Honorable Mayor and city Council Members i City of Denton 215 E. McKinney Street Denton, Texas 76201 Dear Mayor and Council Members! This letter will confirm our understanding of the arrangements covering our audit of the financial statements of City of Denton ("City") for the year ending September 30, 1990. We will audit the City's general purpose financial statements for the year ending September 300 1990. Our audit will be trade in accordance with generally accepted auditing standards and the provisions of Government Auditing Standards, promulgated by the V. S. Comptroller General, as they pertain to financial audits. Accordingly, the audit will include such tests of the accounting records and such other auditing procedures as we consider necessary in the circumstances. The objectives of our audit are to express k an opinion on the financial statements of the City, as well as render a report on compliance of the City with the terms and requirements of certain Federal laws. Our procedures will include, among others, tests of documentary evidence supporticg the transactions recorded in the accounts, testa of tax receipts and related assessment j rolls, and direct confirmation of receivables, grant f receipts and certain other assets and liabilities by correspondence with selected taxpayers, creditors, legal counsel and banks. At the conclusion of our examination, we will request certain written representations from you about the financial statements and matters related thereto. Before commencing our audit, we would be pleased to meet with you to review and discuss the scope of our audit procedures in more detail. ~p 1 .it 1 { ~qN ` r I x r Mr. Lloyd Harrell May 9, 1996 2 The fair presentation of financial position and results of operations in conformity with generally accepted accounting principles is management's responsibility. Management is responsible for the development, implementation and maintenance of an adequate system of internal accounting control and for the accuracy of the financial statements. Although we may advise you about appropriate accounting principles and their applications, the selection and method of application are responsibilities solely of management. j Our engagement is subject to the inherent risk that material errors, irregularities or illegal acts, including fraud or defalcations, if they exist, will not be detected. However, we will inform you of any such matters that come to our attention. i Fees for our services are based on per diem rates, plus 1 out-of-pocket expenses, all of which will be billed as our } work progresses. Our maximum fee for this engagement is $37,500. Should an increase in the scope of our services be required, we would provide you with a change in our fee C prior to commencing the work. During the course of our engagement, we may observe + opportunities for economy in or improved controls over your ` operations. We will bring such matters to thV attention of the appropriate level of management in writing. If you intend to publish or otherwise reproduce the { financial statements and make reference to our Firm, you i agree to provide us with printers' proofs or masters for our review ar.d approval before printing. You also agree to provide us with a copy of the final reproduced material for f our approval before it is distributed. Please indicate your agreement to these arrangements by signing the attached copy of this letter and returning it to f us. r ~ E i F F E k ' 9 r r Mr. Lloyd Harrell May 9, 1990 3 We appreciate your confidence in your appointment of us as ycur certified public accountants and look forward to working with you and your staff. Yours very truly, DELOITTE & TOUCHE George A. Scott Partner 4 i1 Approved By _ Date . i I i •J' I i CITY COUNCIL ko~ 1 i i 4 ' O~oa~ o ~ lb ~ ~ c < c s ' ~ococco 1 6 j ~lv.F Cf" Of N~T oNi r Ems 215 E. MOKINNEY I DENTON, TEXAS 762011 TELEPHONE (811 6?Q 8?pp 1 MEMORANDUM I DATE: Aay 31, 1990 ~ r TO: Lloyd V. Harrell, City Manager FROM: John F. McGrane, Executive Director of Finance SUBJECT: LONE STAR GAS FRANCHISE AGREEMENI' { Tne current franchise agreement with Lone Star Gas is in effect until the year 2002, However, the agreement can be amended by mu'ual consent between the City and the Lone Star Gas Company, ' part of the 1989-90 budget, an increase in the gas franchise tax from two (11) percent to three (31) percent was proposed. It is anticipated that the one (11) percent will generate an annual ' Increase of approximately $50,000. AS will help to recoup the $15,000 lost byyo recall s mount uthe may University iof aNorth Texas utilizing state gas rather than Lone Star Gas, on several occasions with representatives frow Lone StaWe ve met r tGas and iI have worked out an agreement whereby the tax would increase from two (21) percent to tnree (31) percent of gross receipts. 1 should note that the parties were not able to reach an agreement on quarterly payments; therefore, the annual payment schedule as called for in the original agreement will remain. In addition, I have enclosed a co Council of Governments 1990 Municipaly FeefSur y a North Central Texas anch taxes/fees. As you can see from tne chart, anumberd of citiesiin the metroplex are at four (41) percent, a few at three (31) percent and some still at two (21) percent, Denton, raising their fee on gross receipts from two (21) t0 tnree (31) percent, will still be lower than a number of cities in the area. I would also like to point out that Denton does not charge industrial clients the franchise tax, If you need any additional information, or have any further questions, please advise. JFMcG:af Enclosure S265F op r 4r . r N i~ ''l sa CA s 8 k `)iQi r Cll.. All i Y I l , n . f S ~ ORDINANCE NO, _ All ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SECTION II OF THE FRANCHISE GRANTED TO LONE STAR GAS COMPANY BY ORDINANCE NO. 82- 56 TO PROVIDE FOR AN AMENDED FRANCHISE FEE TO BE PAID BY L014E STAR GAS COMPANY FOR THE USE OF THE PUBLIC STREETS; AND DECLARING AN EFFECTIVE DATE. r THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: I SECTION I,. As of the effective date of this amendatory ordinance, and upon acceptance by Lone Star Gas Company of th9 provisions hereof, Section II of the aforesaid captioned franchise ordinance enacted on July 20, 1982, shall be changed to substitute a tax, fee, or charge of three percent (3%) instead of two percent (2%), as now provided in said section. The other provisions of 1 Section II shall remain unchanged. ECTION I The terms and 1rovisions of this amendatory ordinance shall be deemed to be severable, and if the validity of ' any section, :entente, clause or phrase of this amendatory ordinance should be devlered to be invalid, the same shall not affect the validity of any cthnr sect3.on, sentence, clause or phrase of this amendatory ordinance. TC ION U. Except as heretofore and hereinabove changed and amended, the terms, provisions, conditions and requirements of the aforesaid franchise ordinance shall remain in full force and effect. U2VION IV. This amendatory ordinance shall become effective f thirty (30) days after its final passage and approval; pending such r tine the full text of this ordinance shall be published one each week for three consecutive weeks in the Denton Record-chronicle, the official newspaper of the City of Denton, Texas. ! Only gas sold by the Company after the effective date of this ordinance shall be taxed at three percent The (3%). payment made ~ for gas sales prior to the effective date of this ordinance shall E~ remain at two percent (2%). E Lone Star Gas Company shall file its written acceptance of this amendment to the franchise ordinance with the office of the City Secretary of the City of Denton within thirty (30) days after its effective date and this ordinance shall be of no force and effect if not accepted within said period. 1 PASSED AND APPROVED cn first reading this the ~Z day of 1990. I t i t ~M }PASSED AND APPROVED on second reading this the day of 1990. .PASSED AND APPROVED on third reading this the day of s 1990. BOB CASTLEBERRY, MAYOR 3j ATTEST: # JENNIFER WALTERS, CITY SECRETARY r v BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY. T ACCEPTED. LONE STAR GAS COMPANY, GRANTEE BY• TITLE: 11 ATTEST. i j ionestar.2 PAGE 2 i ;AY 1 Y Y _✓p• ~ 1 , C P CITY 4t##l COUNCIL 4 44.4 4.4 I J I 1 1 1 I I 1 0 or c~ ' .o I a a ~OCO~G ~ s t I I I r. l t e r t July 10, 1990 CITY COUNCIL BOARD AGENDA ITEM E TO: MAYOR AND MEMBER OF THE CITY COTJNCIL FROM: Lloyd Harrell, City Manager RE: CONSIDER CONTRACT WITH COLLEGE STATION. ; RECOMMENDATION 9 i t The Public Utilities Board, at their meeting of January 17, 1990, recommended approval of the Contract between the TMPA Cities and College Station. SUMMARY* Throughout most of 198;, there were negotiations ongoing be:ween the four TMPA cities to be the "full requirements$ wholesale electric power supplier of College Station. On September 5, 1989, the City Council approved a 'Letter of intent' supporting the concept of the wholesale electric service sale to College Station and the future participation of College Station in the next TMPA generation project, On December 28, 1989, College Station approved the subject c-ntract, and during January and February 1990, the cities of Bryan, Garland and Greenville approved the contract. I BACRGROUNJ i Prior to 1977, College Station was a customer city of Bryan. At that time, College Station became a full requirements wholesale customer of Gulf States Utilities. That contract expires on December 31, 1991. a The term of this proposed contract with College Station is s from January 1, 1992, through December 31, 1995. College Station will be given an opportunity during that time to participate with the four cities in a future TMPA t generation project. t ,,gig -low I - .W'VI I1, Irf{ i rig !a K M p;,ge 2 The rate to be charged college Station is $11.78/KW per monthly peak Kw demand. The energy charge will be actual fuel cost plus .2 cents per KWH. j The contract guarantees that College Station's average cost y1 of power and energy will be not greater than the average of i the four cities' power and energy. I Denton's estimated net benefit from the College Station sale is $973,000 in 1992. The method of distribution of revenues is based on the same methodology that has been used under the TMPP Pooling Agreement since 1969 wherein revenues derived from capacity charges are distributed j based on each member's proportionate share of the total I excess capacity of all members. Denton's estimated share 1 I/ of the estimated $10,000,000 of College Station capacity j f revenue is $1,382,000 since Denton's excess generation capacity is estimated to be L3.829 of the four cities' excess capacity in 1992. The reason the net benefit is $973,000 vs $1,382,000 is because approximately 5g of ! Denton's share of lignite fuel from Gibbons Creek will need to be used to serve the College Station load; therefore, ' Denton will need to utilize higher cost natural gas to fl replace the lignite fuel energy at an increased cost of ' $409#000 for 1992. i The Denton Utility Staff had previously had a concern This concern i regarding distribution of capacity revenues. related to the possibility of accelerated growth in Denton depleting Denton's excess reserves and thus elminating any capacity revenues. However, Denton would still have to replace previously available lignite energy with more r expensive natural gas energy. This concern has been i ` resolved with the other three cities and the methodology of i distribution of capacity revenues will be such that, if a city's capacity revenues do not exceed 6801U:6 f ,t I a page 3 the increase in variable fuel costs, the capacity revenue themake s such from the college Station sole will be used city 'whole" i.e., not lose money, revenues are distributed to the remaining cities. Paul Horton, Denton's bond council, has been contacted rovided an opinion this contract and has p any bond covenents that regarding the contract is not in conflict With revenue bonds. y will not adversely affect any future FISCAL SUMMARY: Increased revenues of $9730000 per year in 1993. ff k Respect lysubmitted, ' U i,oy acre city manager 1 Prepared/Appr ved by, R E, tae son, Execut ve Director of Utilities t Exhibit is Resolution 11: proposed Elec.ric Service Contract i 111, Letter from Bond Council IV: Minutes pus Meeting of 1/17/90 6801U:7 i E 2896L RESOLUTION NO, A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITIES OF COLLEGE STATION, BRYAN, TEXAS THE SALE AND PURCHASE OF WHOLESALE ELECTRIC SERVICE: AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the Mayor is hereby authorized to execute an agree men! t between the City of Denton and the cities of Bryan, Denton, Garland and Greenville, Texas for the sale and purchase is attached conditions of wholesale electric service, undecf thwhich e terms contained in the agreement, a copy o and made a part hereof, ; SECTION It. That this resolution shall become effective im- mediaty po its pas3age and approval. i { PASSED AND APPROVED this the day of 1990. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS? CITY SECRETARY BY: I APPROVED AS TO LEGAL FORM: DEBRA ADAIII DRAYOVITCH, CITY ATTORNEY BY I 1 r i I J~ .u~rw.y 1 LC-50.5 AGR11n T FOR XIQLSSL RLICTRIQ JERVIC Ih ~ r - This Agreement is entered into by and between the City of college station, a Texas Municipal Home-Rule Corporation ` (hereinafter referred to as College Station) and the cities of Bryan, Denton, Garland and Greenville, Texas, (hereinafter referred to as Supplying Cities) for the sale and purchase of wholesale ` electric service. ` WHEREAS, College Station has a need for an economical, 4 reliable source of power and energy to supply its residents and to meet the demands of its load growth; WHEREAS, the Supplying Cities each own and operate municipal electric generation and distribution systems which have enough capacity to meet their load and power requirements, as well as reserve requirements and other contractual requirements for the period of this contracts WHEREAS, certain Supplying Cities currently have sufficient capacity to provide College Station with electricity for its current load; WHEREAS, the Supplying cities desire to sell and College Station is willing to purchase power and energy on the terms and conditions herein set forth; WHEREAS, the Interlocal Cooperation Act expressly allows cities to make mutually beneficial agreements for the sharing of S services and functions so as to provide for the welfare of their citizens and obtain beneficial economical savings; V ~ WHEREAS, the Buppljing Cities and College Station desire to participate together in the planning, construction and use of 3 II future generation facilities; r NOW THEREFORE in consideration of t , he mutual undertakings # herein contained, the Supplying Cities and College Station agree ` as follows; ARTICLE I. I DEFINITIONS AS USED HEREIN ; E (a) "TME,A" shall mean the Texas Municipal Power Agency. 'i (b) "College Station" shall mean the city of College Station, Texas. ' (c) "Supplying cities" shall mean the cities of Bryan, Texas; Denton, Texass Garland, Texas; and Greenville, Texas. I 1 i WWI Nw~ t dC\01b~ ~\e F LC-50.5 ARTICLE II. SALE AND ZMC SE OF POWER AND EN R Y (a) The Supplying cities agree to provide and college Station agrees to purchase and to receive the total requirements for power and energy which College Station shall require for the operation of its utility. (b) Power and energy supplied under this contract may only be used to supply College station retail customers and may not be resold to other utilities at wholesale or sold to any person _1}0 or business pursuant to a written contractual arrangement or. I other understanding which differs in any respect from sales to the public generally. (c) Power and energy supplied pursuant to this agreement shall commence on the lot day of January 1992, (d) In the event College Station determines that it will not participate with the Supplying Cities in future generation, power and energy shall be supplied until the 31st day of December 1995 as provided herein. The Supplying Cities will notify College Station two years prior to the time they will not have the capacity to supply College Station's required power and energy; in which event, without further liability to the Supplying Cities, College Station shall be entitlod to take all or part of its power and energy from another source. In that case, the Supplying Cities will supply power and energy to College Station on a schedule to be mutually agreed upon one year prior to College station's purchases from the other source. At any rate, the Supplying Cities will not be required to build capacity for college Station's load if College Station does not participate in future generation projects. The Supplying Cities agree to provide College Station with any rnd all information that would lead a reasonable person to conclude that the Supplying Cities will not have sufficient capacity to most College Station's requirements as set forth in College Station's ten-year forecast. In the event College Station determines that it will i participate with the Supplying Cities on future generation projects, this agreement shall continue in full force and effect for College Station's load not supplied by these generation projects or generated by College Station as long as College Station is a participant in future projects or contractually joins with the Supplying Cities subject to rate changes as set forth in Schedule "A." (e) By February lot of each year, college Station shall supply a tan-year forecast of its load, energy, and power requirements. The Supplying Citi " shall supply requested increases in load, energy, and power requirements, subject to the terms of this contract, h ( -2- i I 1 Ao t 11 F u LC-50.5 arrnngemants for , (fl The Supplying Cities shall make aliromceh~ir generation, source r transmission of po'rer and energy points and shall asswae as a t,~ Collage Station's metering all transmission costs. part of the scheduled rate charges diligence to provide ,all « us l of power and energy (g) The Supplying Cities sedesuppayle shall tail, or a constant and uninte,y rup°= power and energy sure hereunder. If, the supply r shall of force maj be Interrupted, or become defective plying cities l not be be hereinafter provided, the SupY liable therefor or for damages caused thereby. purchase Powar and energy College station, but sandlonlY (h) The obligation of Cdebt oft C oits to electric utility shall not as an operating from electric utility revenues. discharged g~ T$ CLE III- 10H ' College Station of the elate The Supplying Cities shall notify cipate in the parti that the Supplying Cities have idcnoa~itment to par tadvancs in tU contractual ear in promptly station must make & no less than one Station agrees to P to next Phase of 9 college with regard date' of said notice from the contractual decision with of its receipt decision 1 provide the 9apptheing 365th Cities day participation by Supplying Cities. tation will be »8Md ona by the Its parties agree that Colleg• St generation station cities an amount Pursuant to Schedule non or contractual joinder in future supplying , • participation , } projects built by res that they shall each use their best The Supplying Cities ag authorize and include they efforts to take necessari action to al memblrng Citiestand { by College. Station as.e The Supp yiis vote shall Participation mitted by law project to the extent Par intly (each individual each vote having i College Station shall the voting members' for be based upon the vote of the decision making Process with equal weight) Participate in financing of, and rates charged regard to the construct w aion cilities. 0 generation by any notification to the Supplying upon sending eneration Projsot ` Collage station articipate in a future g its intent to ~tforts to secure legal authorization to cities of participateZe its best ARTICLE IV. Supplying cities initially the ` The amount of power provided by shall be 110 MVP of electric power. ..3- i WM~ F LC-50.5, l r•I ARTICLE V. POINT(S1 or n1LIVERY i r (a) The Supplying Cities shall deliver to College Station energy and power at three (3) phase, alternating current, at a nominal voltage of 136,000 volts, and a nominal frequency of sixty (60) hertz at College Station's South substation and at its College Station Switch Station, and at other points or such different points or voltages as mutually agreed. (b) College station shall maintain its system such that the power factor at each metering point shall be between 90 lagging and mtime .90 leading. In the event that the power factor at the ind of monthly peak demand is lesa than .90 lagging, the for billing purposes will be adjusted by the formulas Adjusted demand w Actual demand x .90 Power Factor ARTICLE VI. METERS (a) Metering equipment shall be furnished, installed and maintained by the Supplying Cities at each point of delivery to Collego Station at the high voltage side of the transforming equipment located there. The Supplying Cities shall read meters or cause meters to be read and bill College Station for the power and energy furnished pursuant to this agreement at monthly intervals. (b) Supplying Cities shall test and calibrate meters or cause meters to be tested and calibrated by comparison with accurate standards at intervals of twelve months, or such other intervals as the parties agree. Supplying Cities shall also make or cause to be made spacial meter tests at any time at College Station's request. The costs of all tests shall be borne by Supplying cities, provided, however, that if any special meter test made at Collage Station's request shah disclose that the meters are recording accurately, College Station shall reimburse Supplying Cities for the cost of such test. The Supplying cities shall pay for the cost of the test whenever the test reveals the meter to be in error by more than one-half of one percent. The readings on any meter which j shall have been disclosed by test to be inaccurate shall be y corrected from the beginning of the monthly, billing period immediately preceding the billing period during which the ` tests are made iii accordance with the percentage of inaccuracy found by such test, provided, that no correction shall be made 10 for a longer period unless the Supplying Cities and College Station mutually agree thereto. Should any motor fail to register, ti:e power and energy delivered be during esuch stimated by riod of failure s, all for billing purposes the Supplying Cities and College station from the best information available. Teo Supplying Cities shall notify College Station I I -4- r. / ~I i t LC-50.5 z u or cause College station to be notified in advance of the time of any mater reading or meter test. ARTICLE VII. RATES AND CHARGES (a) Supplying Cities agree to sell and College Station agrees to purchase power and energy on the terms and conditions set forth herein. Supplying Cities shall sell to College Station rov< power and energy pursuant to Schedule "A" attached and incorporated herein. The rates and charges for the power and energy supplied are and shall be: (1) nondiscriminatory, and (2) fair and reasonable, and be based upon the Supplying cities' average cost of providing the power and energy, and f (3) said rates shall be adjusted annually to reflect the average costs par KWH as calculated on an annual basis, pursuant to Schedule "C" attached hereto. f (b) The parties agree that the rates and charges designated in Schedule "A" are firs until College Station jointly i participates in generating capacity that is in commerical operation or generates its own power and energy. In addition, i t average costs per KWH shall be calculated according to I 1 Schedule "C." However, on an annual basis, until College R station jointly participates in generating capacity that is in commerical operation or generates its own power and energy, within 120 days of September 30 of each contract year, the j Supplying Cities shall review their av(,rage costs per KWH for the preceding year as compared to the costs charged pursuant to Schedule "C" and shall rebate to College Station any funds overcharged during the twelve-month billinq period following September 30 of each contract year in which the overcharges occurred. In the event said average costs per KWH are greater than the actual rates and charges, then no additional charges shall be made to College station. (c) After College Station participates in generating capacity in i commerical operation or generates its own power and energy the calculation of average costs shall be charged to reflect that ` reduced demand on the Supplying Cities and then current Supplying City costa. ~ r ARTICLE VIII. QEFAULT i (a) If College Station or the Cities fail or default in meeting i the terms of this agreement and such default continues for a period of fifteen (15) days, then the nondefaulting party 4 k 1 ~J l ~ e LC-50.5 fu shall give written notice to the defaulting party specifying the nature of the default and the remedy that it, the nondefaulting party, seeks to impose if such default is not k remedied within fifteen (15) days. Upon the expiration of the A fifteenth (15th) day, the nondefaulting party shall be entitled, unless otherwise ordered by a court or regulatory body, to terminate service or pursue other available remedies at law or in equity, including cancellation of the contract. (b) If College Station fails to make any payment (hereinafter called a default in payment) to the Supplying cities that it is required to make as payment for energy and power, and such default in payment continues for a period of fifteen (15) days, the Supplying Cities shall give written notice to College Station. College Station shall, from the date of the mailing of such notice, have a period of thirty (30) days to pay the full amount then due to the Supplying Cities. ' (c) With regard to disputed payments college Station may elect to make payment under protest of the nondisputod amount placing the disputed amount into escrow until the dispute is resolved with the Supplying Cities. Once the -V.spute is resolved, the prevailing party shall be entitled to the disputed funds with interest. ARTICLE IX. 1 FQ$CE MAJEURE ~ i The term "force majeure" as employed herein shall mean acts of God, strikes, lockouts, or other industrial disturbances, acts 1 of the public enemy, orders or action of any kind of government of J the United States or of the state of Texas or any civil or military authority, insurrections, riots, epidemics, lightning, fire, f sabotage, riot, disturbance, explosion, flood, earthquake, storm, J hurricane, wind, accident, failure of performance on account of any other cause not reasonably within the control of the party claiming such inability. If for any reason of "force majeure" any of the ! j parties hereto shall be rendered unable, wholly or in part, to { carry out its obligations under this agreement then such party shall give notice and the full particulars of such reasons in writing to the other party within a reasonable time after the j occurrence of the event or cause relied on; the obligation of the party giving such notice, so far as it is a Mectad by such particular "force majeure," shall be suspended during the continuance of the inability then claimed, but for no longer period, and such party shall have the duty to endeavor to remove or overcome such inability with all reasonable dispatch. No damage shall be recoverable from either party by reason of the causes above mentioned. It is further ag~sed, that the settlement of strikes and lockouts .hall be entirely within the discretion of the party having the difficulty, and that the above requirement that any "force majeure" shall be remedied within reasonable dispatch shall not require the settlement of strikes or lockouts by acceding to the demand of opposing parties when such settlement is -6- t LC-50.5 unfavorable to it in the judgment of the party having the difficulty. ARTICLE X. GOVERNMENTAL REGULATIONS AND LAWS Tatis agreement shall be subject to all of the valid rules, regulations, and laws applicable thereto, as promulgated by the United States of America, the state of Texas, or any other governmental body or agency having lawful jurisdiction or any authorized represontative or agency of any of them. mss ARTICLE XI. College station and the Supplying Cities agree that the Supplying Cities shall, when permitted by existing easement, have full access to such easements, rights-of-way or property held by College Station, if, and to the extent, reasonably required for the provision of power and energy to College Station and not interfering with existing uses. ARTICTS XJI. NOTICES Any notir,•, request, demand, statement or bill provided for in this agreement shall be in writing and shall be considered to have been duly delivered when sent by registered or certified mail, I addressed as follows, unless another address has been designated, in writing, by the party entitled to receive the saxes CITY OF COLLEGE STATION I Attn: City Manager P.O. Box 9960 College Station, TX 77842 CITY OF BRYAN Attn: City Manager P.O. Box 1000 Bryan, TX 77805 CITY OF DENTON i Attn: City Manager i 215 E. McRinney Denton, TX 76201 CITY OF GARLAND ` Attn= City Manager ; P.O. Box 469002 Garland, TX 75046 CITY OF GREENVILLE ` Attn: Director of Electric Utilities P.O. Box 1049 Greenville, TX 75401 i -7- y,rii: 1 ! 1 ~ T}{t, ~YlA~ f LC-50.5 i ARTICLE XIII. APPROVALS It is agreed that the parties, participation in this agreement shall be subject to the approval of the appropriate governing bodies and authorization of the appropriate signature hereto. It is further agreed that the parties shall provide proof of authorization to sign this agreement. ..ra ARTICLE XIV. REPORTS The Supplying Cities shall prepare and issue to College Station a semiannual report of fuel costs and charges to College Station. The Supplying cities shall also provide College Station with all reports and statements, not privileged by law or court decision, provided to them by TMPA, which reports shall include but not be limited to (i) financial and operating statement relating to the TMPA system; (ii) status of construction for each facility constituting the TMPA system during construction; and (iii) analysis of operations relating to the TMPA system. ARTICLE XV. RECORDS AND ACCOUNTS The Supplying Cities shall keep accurate records and accounts of the power and energy transaction with regard to College Station. Additionally, the Supplying Cities shall provide, on reasonable request, access to all records and accounts of the Cities, system and of the transactions relating to each facility constituting the cities' system to the extent such information is relevant to the calculation or verification of average system costs. This duty to provide access to information shall not extend to information privileged by law or court decision. ARTICLE XVI. CONTRACTS TO BE C PAUT& This instrument embodies four separate contracts between the Supplying Cities and College Station. Each Supplying City's o the total bligation under this contract shall be limited to a proportion of Station's requirement by a fraction, calculated the numerator toflwhich is College difference between that city's available capacity, including its then current entitlement from Gibbons Creek and 1.15 times that city denominator of which is ^ the sum other these calculations sales all the Supplying cities. i ARTICLE XVII. h~SZSr~SEtIT This agreement may not be assigned without the written consent of all other parties to the agreement. i + 'r f f i ` r 4 LC-50.5 J d M > ARTICLE XVII.I. EFFECTIVE DATE The effective date of this agreement shall be January 1, 1990. I ARTICLE XIX. I` SEVERABILITY The parties hereto agree that if any of the provisions of this contract should contravene or be held invalid under the laws of the state of Texas, such contravention or invalidity shall not invalidate the whole contract but it shall be construed as though not containing that particular provision, and the rights and obligation of the parties shall be construed and in force accordingly. ARTICLE XX. AMENDMENTS Notwithstanding anything in this agreement to the contrary, this contract may only be amended upon the written agreement of the parties. t IN WITNESS WHEREOF, the parties hereto have caused this 1 contract to be executed in their corporate names and their corporate seals affixed, all by the proper officer duly authorised thereunto, as of the day and year first hersinabove written. CITY OF COLLEGE STATION, TEXAS By$ Hay (Seal) ATTEST: ByI ` City Sscr ry 1 CITY OF BRYAN, TEXAS By s &OOVv i A Mayor 1 (seal) ATTESTS \.J By$ C ty secre ary ( r -9- 1 a r ~f ,t. LC-50.5 CITY or DENTON, TEXAS By. - Mayor (Seal) f ATTEST: By: City Secretary CITY O D, TEXAS Hys ayor (seal) i ATTEST:: By: Klc1~ l tt . / City Secretary N' CITY Or GREENVILLE, TEXAS Sys kSla~.uC~ /II i Chairman of Boar4 (seal) ATTEST: By: - ` Sec tary o Bosr4 I i i r ` -10- 1 LC-50.5 f r SCHEDULE A RATES Demand Charge .................$11.78/KW r Energy Charge 2/MWH DLWAND CHARGE SHALL APPLY TO THE MAXIMUM HOURLY COINCIDENTAL METERED DEMAND RECORDED OVER THE BILLING MONTH (AS ADJUSTED FOR POWER FACTOR, IF NECESSARY). E Y f A MONTHLY FUEL CHARGE WILL BE MULTIPLIED BY THE ENERGY CONSUMPTION. ' THE FUEL CHARGE WILL BE THE AVERAGE COST OF FUEL FOR THE SUPPLYING f CITIES AND COLLEGE STATION. THE FUEL CHARGE WILL BE CALCULATED ON AN "ESTIMATE AND CORRECT" BASIS. THESE RATES WILL CONTINUE IN EFFECT UNTIL THE EARLIER OF DECEMBER 31, 1995 OR THE DATE OF COMMERCIAL OPERATION OF A GENERATING UNIT IN WHICH COLLEGE STATION IS EITHER THE JOINT OWNER OF GENERATING CAPACITY WITH TMPA OR PARTICIPANT WITH TMPA. AT THAT TIME NEW RATES WILL BE CALCULATED TO REFLECT THE REDUCED DEMAND ON THE SUPPLYING CITIES AND THEN CURRENT SUPPLYING CITY COSTS. II I . 1 I~ I V I f ; 1 LC-50.5 fay^:r. + CITY OF DEIiTON, TEXAS By: Mayor (Seal) ATTEST: i By: city secretary t jay4y:rO TG D, TEXAS I~ (Seal) f ATTEST: BY: /h A City Secretary CITY OF GREENVILLE, TEXAS By : Chairman Board (Seal) ATTEST: i By: Sec y of Board -10- . f T f LC-50.5 SCHEDULE C THE SUPPLYING CITIES SHALL CALCULATE THEIR SYSTEM AVERAGE COSTS FOR THE PURPOSES OF ADJUSTING RATLS AS IN ARTICLE VII SY ANNUALLY SUMMING THE DEMAND CHARGES OF TMPA, THE ENERGY CHARGES OF T[PAt THE OPERATING AND MAINTENANCE COSTS FOR POWER GENERATION OF THE CITIESIN AND TANY, OTHER ASERVICE SSOCIATEDR COSTS ~OF G OENERATTTIONSUPPLYING THE SUPPLYING CITIES. i 1 ' j i . s ..ara,. gay`. 1 1 ~MA e' ,.yrv~ 1V 0*' a T 4 LC-50.5 KGRZIMEMT FOR UOLISKL2 ELECTRIC SEMCi This Agreement is entered into by and between the City of College Station, a Texas Municipal Home-Rule Corporation (hereinafter referred to as College Station) and the cities of Bryan, Denton, Garland and Greenville, Texas, (hereinafter referred to as Supplying Cities) for the sale and purchase of wholesale electric service. WHEREAS, College Station has a need for an economical, reliable source of power and energy to supply its residents and to meet the demands of its load growth) WHEREAS, the Supplying Cities each own and operate municipal electric generation and distribution systems which have enough capacity to most their load and power requirements, as well as reserve requirements and other contractual requirements for the period of this contracts WHEREAS, certain Supplying Cities currently have sufficient capacity to provide College Station with electricity for its current loads i WHEREAS, the Supplying Cities desire to sell and College i station is willing to purchase power and energy on the terms and conditions herein not forthl ; WHEREAS, the rnterlocal Cooperation Act expressly allows cities to make mutually beneficial agreements for the sharing of services and functions so as to provide for the welfare of their 1 citizens and obtain beneficial economical savingst WHEREAS, the Supplying Cities and College station desire to participate together in the planning, construction and use of future generation facilitiest NOW THMFORi, in consideration of the mutual undertakings herein contained, the Supplying Cities and College Station agree } as follows= i ARTICLE I. DEFINITIONS AS USED HEREIN (a) "TNPAe shall mean the Texas Municipal Power Agency. 1 f (b) "College Station" shall mean the City of College Station, Texas, } (o) "Supplying Cities" shall mean the cities of Aryan, Texas) Denton, Texasj Garland, Texasi and Greenville, Texas. i ) r , LC-50.5 ~ y ARTICLE II. SALE AND PURCHASE OF POWER AND ENERGY i r (a) The Supplyinq Cities agree to provide and college station agrees to purchase and to receive the total requirements for power and energy which College Station shall require for the operation of its utility. (b) Power and energy supplied under this contract may only be used to supply College Station retail customers and may not be resold to other utilities at wholesale or sold to any person or business pursuant to a written contractual arrangement or other understanding which differs in any respect from sales to the public generally. (c) Power and energy supplied pursuant to this agreement shall commence on the lot day of January 1992. (d) In the event College Station determines that' it will not participate with the Supplying Cities in future generation, power and energy shall be supplied until the 31st day of December 1995 as provided herein. The Supplying Cities will notify College Station two years prior to the tine they will not have the capacity to supply College Station's required power and enargyi in which event, without further liability to the Supplying Cities, College Station shall be entitled to take all or part of its power and energy from another source. In that case, the Supplying Cities will supply power and energy to College Station on a schedule to be mutually agreed upon one year prior to College Station's purchases from the other source. At any rate, the Supplying Cities will not be required to build capacity for College Station's load if College Station does not participate in future generation projects. The Supplying Cities agree to provide College Station with any and all information that would lead a reasonable person to conclude that the Supplying Cities will not have sufficient capacity to meet College Station's requirements set forth in College Station's ten-year } forecast. In the event College Station determines that it will participate with the Supplying cities on future generation projects, this agreement shall continue in full force and affect for College Station's load not supplied by these generation projects or generated by College station as long as College station is a participant in future projects or contractually joins with the Supplying Cities subject to rate changes as not forth in Schedule "A." (e) By February lot of each year, College station shall supply a ten-year forecast of its load, energy, and power requirements. The Supplying Cities shall supply requested increases in load, energy, and power requireaents, subject to the terms of this contract. ~ -2- P■~Y r i r LC-50.5 (f) The Supplyinq Cities shall make all necessary arrangements for transmission of power and energy from their generation source to College Station's metering points and shall assume as a part of the.schaduled rate charges all transmission costs. (q) The Supplying Cities shall use reasonable diligence to provide a constant and uninterrupted supply of power and energy hereunder. If the supply of power and energy shall fail, or be interrupted, or become defective by reason of force majeure as hereinafter provided, the Supplying Cities shall not be liable therefor or for damages caused thereby. (h) The obligation of College Station to purchase power and energy shall not be a debt of Collage Station, but shall be discharged as an operating of its electric utility and only from electric utility revenues. I ARTICLE III. EMU GENERATION The Supplying Cities shall notify College Station of the date 1 that the Supplying cities have identified as the data that College Station must make a contractual commitment to participate in the next phase of generation, no less than one year in advance of the contractual decision date. College Station agrees to promptly provide the Supplying Cities with its decision with regard to participation by the 365th day of receipt of said notice from the Supplying Cities. The parties agree that College Station will be credited by the supplying cities an amount pursuant to Schedule "D" on College Station's participation or contractual joinder in future generation projects built by TMPA. The Supplying Cities agree that they shall each use their best efforts to take necessary action to authorise and include the participation by College Station as an equal member of the future project to the extent permitted by law. The Supplying Cities and College Station shall jointly (each individual City's vote shall be based upon the vote of the voting members, each vote having equal weight) participate in the decision making process with regard to the construction of, financing of, and rates charged for generation by any new facilities. Call" Station upon sending notification to the Suppl ing Cities of its intent to participate in a future generation project shall utilise its best efforts to secure legal authorisation to participate. N1ARTICLE IV. CONTRACT PO R The amount of power provida¢ by the Supplying cities initially shall be 110 MW of electric power. -3- navr~ ' 1!,1 d ~LC-50.S r i ARTICLE V. POINUSLOF DELIVERY (a) The Supplying Cities shall deliver to college Station energy and power •at three (3) phase, alternating current, at a nominal voltage of 1360000 volts, and a nominal frequency of sixty (60) hertz at College Station's South Substation and at its College Station Switch Station, and at other points or such different points or voltages as mutually agreed. '`wf (b) College Station shall maintain its system such that the power factor at each metering point shall be between .90 lagginq and .90 leading. In the event that the power factor at the time of monthly peak demand is less than .90 lagging, the demand for billing purposes will be adjusted by the formulas Adjusted demand - Actual demand x 90 Power Factor ARTICLE VI. MLTEBg 1 (a) Materinq equipment shall be furnished, installed and taintained by the Supplying Cities at each point of delivery to College Station at the high voltage side of the transforming equipment located there. The Supplying Cities shall read meters or cause meters to be read and bill call pa Station for the power and energy furnished pursuant to this agreement at monthly intervals. { (b) Supplying Cities shall teat and calibrate meters or cause meters to be tested and calibrated by comparison with accurate standards at intervals of twelve months, or such other intervals as the parties agree. Supplying Cities shall also make or cause to be made speciaL meter tests at any tine at College Station's request. The costs of all toots shall be borne by Supplying Cities, provided, however, that if *Ay t special meter test made at College Station's request shall disclose that the meters are recording accurately, College Station shall reimburse Supplying Cities for the cost of much j test. The Supplying Cities shall pay for the cost of the test whenever the test reveals the meter to be in error by more than one-half of one percent. The readings on any meter which shall have been disclosed by test to be inaccurate shall be corrected from the beginning of the monthly billing period j immediately preceding the billing period durinq which the tests are made in accordance with the percentago of inaccuracy found by such test, provided, that no correction shall be made for a longer period unless the Supplying Cities and College Station mutually agree thereto. Should any meter fail to register, the power and energy delivered during such period of failure shall for billing purposes be estimated by the Supplying Cities and College Station from the bast information available. The Supplying Cities shall notify College Station -4- r J LC-50.5 P ~ 1 p or cause College Station to be notified in advance of the time of any meter reading or motor test. ARTICLE VII. 1 SATES AND CHARGES (a) Supplying Cities agree to sell and College Station agrees to purchase power and energy on the terms and conditions not forth herein. Supplying Cities shall sell to 'ollege Station power and energy pursuant to Schedule "A" attached and incorporated herein. J The rates and charges for the power and energy supplied are and shall bet N (1) nondiscriminatory, and j (2) fair and reasonable, and be based upon the Supplying Cities' average cost of providing the power and energy, and (3) said rates shall be adjusted annually to reflect the average costs per KWH as calculated on an annual basis, pursuant to Schedule "C" attached hereto. (b) The par.ties agree that the rates and charges designated in Schedu%e "A" are firm until College Station jointly particlpates in generating capacity that is in commerical operation or generates its own power and energy. In addition, { average costs per KWH shall be calculated according to i Schedule "C." However, on an annual basis, until College Station jointly participates in generating capacity that is in commerical operation or generates its own power and energy, within 170 days of September 10 of each contract year, the Supplying Cities shall review their average costs per RWH for the preceding year as compared to the costs charged pursuant to Schedule "C" and shall rebate to College Station any funds l 1 overcharged during the twelve-month billing period following September 30 of each contract year in which the overcharges occurred. In the event said average costs per XWH are greater 1 than the actual rates and charges, then no additional charges i shall be made to College Station. (o) After College station participates in generating capacity in commerical operation or generates its own power and energy the calculation of average costs shall be charged to reflect that reduced demand on the Supplying Cities and than current Supplying City costs. ARTICLE VIII. 2UA= (a) If College Station or the ,Cities fail or default in meeting the terms of this agreement and such default continues for a period of fifteen (15) days, then the nondefaulting party P Y 4y2ni e. .R Wt~ C LC-50.5 t shall give written notice to the defaulting party specifying the nature of the default and the remedy that it, the nondefaulting party, seeks to impose if such default is not remedied within fifteen (15) days. Upon the expiration of the fifteenth .(15th) day, the nondefauiting party shall be antitled, unless otherwise ordered by a court or regulatory body, to terminate service or pursue other available remedies at law or in equity, including cancellation of the contract. r (b) If College Station fails to make any payment (hereinafter called a default in payment) to the Supplying Cities that it is required to make as payment for energy and power, and such default in payment continues for a period of fifteen (15) days, the Supplying Cities shall give written notice to College Station. College Station shall, from the date of the mailing of such notice, have a period of thirty (30) days to pay the full amount then due to the Supplying cities. (c) with regard to disputed payments College station may elect to make payment under protest of the nondisputed amount placing the disputed amount into Escrow until the dispute is resolved with the Supplying Cities. Once the dispute is resolved, the prevailing party shall be entitled to the disputed funds with interest. ARTICLE Ix. FORCE ltA.7EtlRE T' '.arm "force majeurc"^ as employed herein shall mean acts o" strikes, lockouts, or other industrial disturbances, acts of t:::4 public enemy, orders or action of any kind of government of the United States or of the state of Texas or any civil or military authority, insurrections, riots, epidemic,.., lightning, fire, sabotage, riot, disturbance, explosion, flood, earthquake, storm, hurricane, wind, accident, failure of performance on account of any other cause not reasonably within the control of the party claiming such inability. If for any reason of "force majeure" any of the parties hereto shall be rendered unable, wholly or in part, to carry out its obligations under this agreamant then such party shall give notice and the full particulars of such reasons in writing to the other party within a reasonable tiros after the occurrence of Via event or cause relied ont the obligation of the party giving such notice, so far as it is affected by such part icular "force majeure," shall be suspended during the continuance of the inability then claimed, but for no longer period, and such party shall have the duty to endeavor to remove or overcome such inability with all reasonable dispatch. No damage shall be recoverable from either party by reason of the ceases above mentioned. it is further agreed, that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any "force majeure" shall be remedied within reasonable dispatch shall not require the settlement.of strikes or lockouts by acceding to the demand of opposing parties when such settlement is -6- i I s a r LC-50.5 unfavorable to it difficulty. in the judgment of . the party having the ARTICLE X. This agreement shall be regulations, and iavs epP2icableir+ch4r4to alas of the valid United states of America Proaulgated rules governmental body or agency the state o! Texas by ~3e authorized representative o ahavinq lawful • or any other agency having an iurlsdletion or any y of them. ARTIT$. College station and suPPlyinq Cities shall, when a supplying Cities agree that the llllaccessstation!o such easements Peraitted b nq easement rights-o! exists eqs , i!, and to the extent reaso Coul eably property holdaby interferingowithoexistin q d uses. energy to College station a and r not ARTICL3 X11. MY notice, request, deaassd # In this agreement shall be In ' statemsnt or bill have been duly delivered when dent by and shall be coal deredlto addressed en as tol2ovs Y registered or certified mail, in vesting, by the , unless another address has been designated, Party entitled to receive the saris CITY Or CO Attns CitLLEOE STATION P.O. sox 996~nager College Station, TX 77849 CITY or DRYAN ii Attns City Manager } P.O. Box 1000 Bryan, TX 77805 1 I CITY OT D r EN'1'ON Attni Cit Manager 715 E. xcKynnee Denton t TX 76201 7 CITY Ot GAPIA140 Attn: I P.O. box1469 07ager Garland, TX 76046 CITY Or aREENVILLE Attnl Director of Electric Utilities Pool box 1049 Greenville, TX 73401 1 I -7- I 77 .a / i' r ~><liiSAbm~ I , W n'rV. 1 r gip: n f 7 E t 11 ARTICLE xIII. APPR_ 0_,,, VA7~ It is agreed that the partiass participation in this agreement shall be subject to the approval of the appropriate governing bodies and authorization of the appropriate signature hereto. It is further agreed that the parties shall provide proof of authorization to sign this agreement. ARTICLE XIV. BLPQ$T,q The Supplying cities shall are and I Station a semiannual re rt of tuelrcosts and chases to College es t Station. The Supplying Cities shall also provide college station with all reports and statements, not privileged by law or court decision, provided to them by THPA, which reports shall include but not be limited to (i) financial and operating statement relating { to the TNPA system; (ii) status of construction for each facility constituting the TMPA system during construction; and (iii) analysis of operations relating to the TKPA system. i ARTICLE XV. BECO__ RD9~1►un in~ The Supplying Cities shall kasp accurate records and accounts of the power and energy transaction with regard to college ation. Additionally, the Supplying cities shall provide, oneasoonable anrequ oftthe transactions rrec ef latch two each facility constituting the cities' system to the extent such information is relevant the calculation or verification of average system costs. This duty to I` provide access to information shall not extend to information privileged by law or court decision. f ARTICLE XVI. ! This instrument embodies tour separate contracts between the Supplying Cities and College Stations Each Supplying City ~s ? obligation under this contract shall be limited to oportion of the total requirements which is calculated by multiplying college Stations requirement by a fraction, the numerator of which is the difference between that city's available capacity, including its then current entitlement from Gibbons crook and 1033 times that city's native peak load, not including other firm or nonfirm sales and the denominator of which is the sum of these calculations for all the Supplying Cities. r ARTICLE XVII. a8+lI4l~SilT This agreement may not be &deigned without the written consent of all other parties to the agreement. -8~ , 1007 to ARTICLE XVIII. EFFECTIVE DATE The effective data of this agreement shall be January 1, 1990. ARTICLE XIX. ctevett)~II iTY The parties hereto agree that if any of the provisions of this ' o contract should contravene or be held invalid under the laws of the state of Texas, such contravention or invalidity shall not invalidate the whole contract but it shall be construed as though not containing that particular provision, and the rights and obligation of the parties shall be construed and in force accordingly. ARTICLE Xx. t AMENMENTS Notwithstanding anything in this agreement to the contrary, this contract may only be amended upon the written agreement of the parties. IN WITNESS WK2REOF, the parties hereto have caused this k contract to be executed in their corporate nasal and their ehi ounto,as seals of the xday aall th roper nd year fit officer duly CITY OF COLLEGE STATIO", TZXAR By' May i4 (Seal) ATTESTt yy I , I C.11 ty Sacr ry ~ 'I CITY OF DRYA11, TZXAS3 ~ 8y, Mayor (Sul) f ATTESTS 9yt c ty Socre ary f 17 y j f ~i r'14,'• LC-50.5 CITY OF DRUTOtl, TEXAS I , Sys Mayor II` (seal) ATTESTt fi i Sys city secretary CITY 0 f~ D, TEXAS BY s ~ (Seal) y°r ATTISTi Byt City Secretary CITY OF ORIMMLLE, TEXAS syl (Seal) chairman o Boa I ATTESTt 11y t Secretary of Ward f i . r~ I -10- ,y a u:-yu. s SCHEDULE A RATES Deund Charge .................411.7!/1M Energy Charge .................4 2/MWH DEMAND CHARGE SHALL APPLY TO THE MA.XI.MUM HOURLY COINCIDENTAL METERED DEMAND RECORDED OVER THE BILLING MONTH (AS ADJUSTED FOR POWER FACTOR* IF NECESSARY). A MONTHLY FUEL CHARGE WILL BE MULTIPLIED BY THE ENERGY CONSUMPTION. THE FUEL CHARGE WILL BE THE AVERAGE COST OF FUEL FOR THE SUPPLYING CITIES AND COLLEGE STATION. THE FUEL CHARGE WILL SE CALCULATED ON AN "ESTIMATE AND CORRECT" BASIS. THESE RATES WILL CONTINUE IN EFFECT UNTIL THE EARLIER OF DECEMBER 310 1995 OR THE DATE OF COMMERCIAL OPERATION OF A GENERATING UNIT i IN WHICH COLLEGE STATION IS EITHER THE JOINT OWNER OF GENERATING CAPACITY WITH THPA OR PARTICIPANT WITH TMPA. AT THAT TIME NEW RATES WILL SE CALCULATED TO REFLECT THE REDUCED DEMAND ON TEE SUPPLYING CITIES AND THEN CURRENT SUPPLYING CITY COSTS. 1 I i i a a I I -NNW t LC-50.5 M SCHEDULE B i ` AT SUCH TDO THAT COLLEGE STATION JOINTLY PARTICIPATES WITH TMPA IN A TMPA PROJECT IN WHICH JOINT FACILITIES WITH AN EXISTING TMPA FACILITY nISTS, THE VALUE OF THE PRO RATA SNARES OF THE EXISTING FACILITY WILL BE CALCVLATEO WHICH WILL SERVE THE NEW FACILITY. VALUE SHALL BE INSTALLED COST, LESS DEPRECIATION. COLLEGE STATION WILL PAY; AS A PART OF ITS PAYMENT FOR THE NEW JOINT FACILITY, ITS SHARE OF THE EXISTING FACILITIES. THE SUPPLYING CITIES WILL NOT PARTICIPATE IN THE TMPA PROTECT UNLESS COLLEGE STATION IS CREDITED 561000,000 IN THE CALCULATION OF EXISTING JOINT FACILITIES. THOSE 4 EXISTING FACILITIES WHICH SERVE THE NEW FACILITY INCLUDEe BUT ARE NOT LIMITED TO, LAND, RESERVOIR, SUBSTATION AND TRANSMISSION yy FACILITIES* ALAINISTRATION AND MAINTZNANCZ FACILITIESp AND THE i LIRE. f ~ 1 Ii -12- I' I i let LC-50.5 SCHEDULE C THE SUPPLYING CITIES SMALL CALCULATE THEIR SYSTEN AVERAGE COSTS FOR THE pURPOfES OT ASST G0 RAM As IN Tl[PA TIM ENERGY CHARGES OF TN,PAr TIRE SUMMING THE DEMAND CHARGES OPERATING AND MAINTENANCE COSTS FOR POWER GENERATION OF THE ~ SUPPLYING" CITIES] DES' SERVICE TOR GENERATION OF THE SUPPLYING CITIE8* AND ANY OTHER ASSOCIATED COSTS OF GENERATION OF THE SUPPLYING CITIES. ~I i sr, ~ III 1 r 1 ~G •Y< I I Ry A I Ft } I 't II ~.n"...r . WWI i' t UW OFIK[7 ` MCCALL, PARKHURST 6 NORTON 2550 ONE AMERICAN CENTER 717 NORTH HARWOOD 402 ONE AIVERWALK PLACE IV AUST+N, TEXAS 75701.3234 NINTH FLOOR SAN ANTONIO. TEXAS 78205.3503 II Ts't'.ONK 6,447e3eo9 DALLAS, TEXAS 75206e557 Tlap.04r 1i02mtaoo I~ TnccO.. e2.Ttoa7, Ton,ro»[ 8,41to-2600 rcuco.r nt et~uu . e TnecOI+ 24 NCO pis I July 22 1990 I I ~ I Mr. R. E. Nelson Executive Director Department of Utilities i City of Denton 215 E. McKinney Street Denton, Texas 76201 Rot Denton Power Sales Contract with College Station ` Dear Bob: I/ With reference to our several discussions since march 13, 1990, concerning the captioned contract, it is our opinion that such contract on its face does not violate any covenant in the ordinances authorizing the presently outstanding Utility System Revenue Bonds of the City of Denton. k We have no way of ascertaining the business or practical long term effects of this contract,, but would not expect it to cause any legal problems in the future issuance of revenue { bonds unless the net revenues of the Utility System were adversely affected. Sincerely yours, MCCALL, PARMRST & HORIMN 1 by ~ au Orton PBH:k If s , 1 EXCERPT MINUTES OF PUBLIC UTILITIES BOARD J January 17, 1990 11. CONSIDER CONTRACT WITH COLLEGE STATION. 4 Nelson reviewed this item, explaining his only concern was i, how the c!.ties would divide up the cost of the energy sales to College Station. He advised this is, as yet, undecided # between the four cities. With the Texas-New Mexico contract, the cities used a percentage of excess capacity. , This sale will reduce the amount of energy the City can get on Pconomic dispatch and increase costa of burning more gas, yet TMPA is selling to College Station at average price. Thompson asked when this allocation question would be resolved, The Mayor stated there is no deadline for signing the contract and no rush in deciding this allocation. J Chew made a motion to table this item until all legal and cost of energy sales division questions are clear and included within the document. Second by Frady. All ayes, no nays, motion carried. y ` I I 1 i 1 1 J I 6802Us1 i r 0011- yr r . ly 1 fr,... y CITY COUNCIL a~Q r, , N ao • ;t G 1 j , I 1 ell- W- July 10, 1990 CITY COUNCIL AGENDA ITEM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Lloyd Harrell, City Manager RE: CONSIDER A RESOLUTION AUTHORIZING THE 'CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF DENTON, TEXAS AND THE UNITED STATES ARMY CORPS OF ENGINEERS TO ADMINISTER PROJECT LANDS AND WATER AREAS FOR RECREATION PURPOSED AND TO OPERATE, MAINTAIN AND REPLACE RECREATION FACILITIES; AND PROVIDE FOR AN EFFECTIVE DATE. RECOMMENDATION: The PUB at their meeting of 6/27/90 recommended to the City Council approval of lease agreement with the Department of 1 the Army for public park land on Lake Ray Roberts. BACKGROUND: As part of the development of Lake Ray Roberts for water supply, the City of Denton was required to develop and manage recreational resources by the Federal Water Project i Recreation Act (Public Law 89-72, 16 U.S.C. 4601-12 et seq.). The federal government and the sponsors prepared a 'Plan of Recreation Development and Management' which } E identified the recreation facilities that would be constructed on Lake Ray Roberts. On August 15, 1980 the City entered into Contract No. DACW63-80-C-0107 with the Federal Government to construct the recreational facilities required for the project. This agreement authorized the City to administer project land and water areas for recreation purposes and to operate, maintain and replace the associated facilities, ' SUMMARY. I ~ \ Pursuant to the recreation contract, the City must lease the lands required for park development from the federal government. Attached as Exhibit I is the proposed lease agreement for the project lands, indicated in Exhibits A through C of the contract are the recreational areas and the associated facilities covered by the agreement. i + s j 6801:3 f FISCAL IMPACT: Denton's share of recreation facilities construction costs are currently estimated to be $5,330,000. Annual debt !l service payments on $5,330,000 for 50 years at 7.218 are $369,832 per year. Annual 0 6 M costs for the recreation facilit'es are estimated at $3160000. "l] PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: j Citizens of Denton, Denton Municipal Utilities, Legal { Department, City Council. Respect ly, L oy acre City anager Pr paced by: Howard aC Director Environmental Aerations and f Financial Administration Approved b I R. E. Ne son, Executive Director of Utilities i Exhibit is Resolution { iii Proposed Loan Agreement ~ M f III: Minutes PUS Meeting of 6/27/90 I i VIA F 6801:4 r f Ile- r.*ti 1111 j FF a c L i I i Y RESOLUTION N0. A RESOLUTION AUTHORIZING T BETWEEN THE CITY OF DENTON HE CITY MANAGER TO EXECUTE OF ENGINEERS TO ADIYINISTERT XAS,AND THE UNITED STEA CONTRACT RECREATION PURPOSES AND TO LANDS AND ARMY CORPS FACILITIES OPERATE T AND PROVIDING O MAINTAIN AND WATER AREAS FOR FOR AN EFFECTIVE DATE REPLACE RECREATION WHEREAS, the City of Dallas is a co- Denton on the Ray Roberts Project, 6Ponsor with the City of and WHEREAS, the Cities of the United States A Dallas and Denton have ma to cc,ntracted with lands and water areas for recreation of Engineers maintain and replace recreation administer project Purposes recre a a ti and on to facilities Operate WHEREAS, and , ~ In o rde ' lease must ba r for the Cities to E Arm executed between the administer these areas, a y Corps of Engineers; NOW THEREFORE i®s and the United States THE COUNCIL OF THE C ~ ITY OF DENTON HEREBY RESOLVES: to enter ItheTh tachthe edCl y Manager he iLnnIitLo of engineers. and is hereby authorized the a United States Army Corps ,SFSTIQN s r , immediatel u That this resolution shall become effectively y pon its passage and a I PProval. r,. ? PASSED AND APPROVED this the t day of 1990. i r. I BOB CASTLEBE t RRYr AAYOR t ATTEST: JENNIFER WALTERS, CITY SECRETARY j j, BY., APPROVED AS TO LEGAL FOR14 : DEBRA ADAMI DRAYOVITCH . CITY ATTORNEY BYt r1M 1 { ROBERT ES i F 4 x R OD+ CITY OF DALLAS } STATE OF TEXAS J COUNTY OF DALLAS CITY OF DALLAS I, Barry J. Davis, assistant city secretary of the City of Dallas, Texas, do hereby certify that the attached is a true and correct copy of Resolution Number 90-1243 adopted by the City Council of the City of Dallas on April 11, 1990 WITNESS MY HAND AND THE SEAL OF THE CITY OF DALLAS, TEXAS, i o 1 Assistant City Secretary O May t ~ 1990 Rhonda Waits Prepared BY a + I + O►IK~ 00 "M 0" KCft M V CM OALL CALL" MAS IM tiUPH004 71447orN P I. ~ 41 COUNCIL CMAMpII f . 3 i April 11, 1990 1/ l WHEREAS, the City of Dallas is a co-sponsor with the City of Denton on the Ray Roberts Project; and WHEREAS, the Cities of Dallas and Denton have contracted with the United States Army Corps of Engineers to administer project lands and water areas for recreation purposes and to operate, maintain and replace recreation facilities; and r WHEREAS, in order for the Cities to administer these areas, a lease mutr be executed between the Cities and the United States Army Corps o; Engineers; NOW THEREFORE, i BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That the City Manager be and is hereby authorized to enter into a lease with the United States Army Corps of Engineers after approval of the lease by the City Attorney. Section 2. That this resolution shall take effect immediately from and { after its passage in accordance with the provisions of the Charter of the City of Dallas and it is accordingly so resolved. f I~ CITY COUNCIL APR it 10 eft $WWI Appoom MW of 00""01110 o o P %A"w LL a inr++wroa ` 77 PwaPrw i I Ole- ~r i r 1- f r DEPARTMENT OF THE ARMY LEASE FOR PUBLIC PARK AND RECREATION PURPOSES RAY ROBEP.TS LAKE, TEXAS THE SECRETARY OF THE ARMY under authority of Section 4 of the Act of Congress approved 22 December 1944, as amended (16 USC 4(:Id), and the Federal Water Project Recreation Act, 79 Stat, 214 (16 USC 460L-13), and pursuant to Contracts No. DACW63-80-C-0106 and No. DACW63-80-C-0107, hereinafter referred to as the Contracts, entered into on 16 September 19800 by and Letween the United States of America and the Cities of Dallas, Texas and Denton, Texas, respectively, hereby grants to the Cities of Dallas and Denton, hereinafter jointly referred to as the Lessee, a lease for a period of fifty (50) years commencing on the date of execution hereof on behalf of the United States to use and occupy approximately 4,238 acres of land and water areas under the primary jurisdiction of the Department of the Army at Ray Roberts Lake Project, Denton, Cooke and Grayson Counties, Texas, hereinafter referred to as the premises, which is generally described as the area outliner, in red on Exhibit 8, which is attached hereto and made a part hereof. While the premises is shown on Exhibit 8 to extend to the 632.5 foot contour in park and access areas, this represents only the conservation pool elevation. Park and access areas within the 1 premises shall be considered to extend to the waterline and shall also include all associated facilities such as docks, piers, boat ramps, and boat channels which ray extend beyond or below said waterline, Also, such 4 water areas which are directly associated with the park or access point, F , N x i I such as swimming areas and "no-wake zones" are also included in the premises. The wetlands, to be developed by the parties hereto, shall be included under this lease and added hereto by supplemental agreement upon final agreement regarding site selection. f THIS LEASE is granted subject to the following conditions: 1. The Lessee shall conform to such regulations as the Secre of the Anny may issue to govern the public use of the project area and shall comply with the provisions of the above cited Acts of Congress. The Lessee shall protect the premises from fire, vandalism, and soil erosion, other than shoreline erosion, and may make and enforce such regulations as are i necessary and within its legal authority in exercising the privileges granted in this lease; provided that such regulations are not inconsistent I j with those issued by the Secretary of the A f rnty or with provisions of the } above cited Acts of Congress. 2. The Lessee agrees to administer the premises for public park and ~ recreation purposes and to bear the costs of operation, maintenance, and replacement of all facilities and improvements developed to support Project I recreation opportunities on the premises (Including fences). All { I i structures, facilities, utilities, or improvements shall be constructed or I i ~ j accomplished in accordance with plans which have been approved in advance by the District Engineer. As used in this lease, the term `replacement" shall be construed to mean the replacement in whole or in part of any I structure, facility, or improvement so worn or damaged by any cause as to I r A I r { 2 k I I I I Ole, f t no longer adequately serve its designed function with normal maintenance. The Lessee shall be guided by an Annual Plan of Operation and Maintenance in furtherance of the Plan of Recreation Development and Management (Design Memorandum (DM) No. 8 Ray Roberts Lake Master r1an, January, 1983, and OM No. 22 Recreation Facilities, as amended by Supplement No. 1), adopted pursuant to Article 2c of The Contracts, and the General Development Plan which is attached hereto as Exhibit C, which plans are by this reference made a part hereof. On or before the anniversary date of the lease each year, the parties shall agree on the Annual Plan which shall include but is not limited to the following: a. Plans for management activities to be undertaken by the Lessee including improvements and other facilities to be constructed thereon in z r accordance with the contracts, and including budget and personnel for carrying out said activities. b. Report of the management, maintenance, and development accomplishments of the Lessee for the preceding year, including a report of f' j pesticide use as required by Condition 16 hereof. j c. Significant modifications of policies or procedures which have i developed or are to be applied. d. Minor modifications to the Plan of Recreation Development and Management (major modifications to be accomplished by amendment of the Plan). j 3 i ,q 3. Pursuant to Article 5 of the Contracts, fees and charges may be collected by the Lessee in accordance with a schedule comparable to other Texas State Park units. In addition, the Lessee and its sublessees may conduct such revenue producing activities as are within the scope of Article 4 of the Contracts subject to the prior approval of the District Engineer. The Lessee will reserve at least one area at which access to the waters and shores of the lake may be reached without imposition of fees of any kind. Normal maintenance and cleanup will be provided at this area. { 4. The Lessee shall cut no timber, conduct no mining operations, remove no sand, gravel, or kindred substances from the ground, commit no waste of any kind, nor in any manner substantially change the contour or condition of the premises, except as may be authorized under and pursuant to Condition 2. The Lessee may salvage fallen or dead timber; however, no i 1 commercial use shall be made of such timber. Except for timber salvaged ~ and sold by the lessee when in the way of construction, all sales of forest i products will be conducted by the Government, and the proceeds therefrom shall not be available to the Lessee under the provisions of this lease. 5. Upon the completion of initial recreational facilities the parties hereto shall cause to be made an inventory of all improvements constructed i in whole or in part with Federal funds under the terms of the Contracts. t From time to time there shall be added to said inventory such additional s j improvements as may be constructed pursuant to the contracts. Certain types of "Additional Facilities*, including but not limited to restaurants, ! lodges, golf courses, cabins, clubhouses, overnight or vacation type E i 4 1 11 S k structures, stables, marinas, swimming pools, commissaries, chairlifts and such similar revenue producing facilities constructed under the authority of Article 4 of the Contracts shall not be added to this inventory, but, all such facilities shall be subject to the prior approval of plans by the District Engineer as stated in Condition 2. The inventory of improvements shall include descriptions and drawings sufficient to permit their identification, determine their condition and to replace them if required during tie term or on the expiration or terminatioi; of this lease. Said inventory and all amendments thereto shall be approved in writing by i authorized representatives of the parties hereto and shall thereupon become i a part of this lease as if originally annexed and attached as Exhibit E. Upon the expiration, revocation, or termination of this lease a similar inventory and condition report shall be prepared and said inventory and condition report will constitute the basis for settlement by the Lessee with the District Engineer for leased property shown to be lost, damaged, I 1 'I ' or destroyed, any such property shall be either replaced or restored to the condition required by Condition No. 18 hereof, or at the election of the Government reimbursement made therefor by the Lessee at the current market A value thereof. b. The Lessee may grant permits and licenses and sublease all or i portions of the leased property to third parties, for purposes which are consistent with the terms and conditions of this lease and with the Flan of Recreation Development and Management. All such grants shall state that they are granted subject to provisions of this lease. The terms and 5 1 i 1 ~ is 1 i t conditions of third party grants shall first be approved by the District Engineer in writing. In order to protect the investment of sublessees, the District Engineer may approve subleases which require the Government to s continue to honor such parts of the subleases which would assure the ~i continuation of the subleased activities should there be a default by the it Lessee which would result in revocation of the prime lease under Condition I 17 hereof. 7. a. The Lessee shall be responsible at all times for insuring compliance by third party grantees with all terms and conditions of this lease and with all terms and conditions of its respective third party grants. The Lessee will be responsible for inspecting and insuring that corrective action is prescribed and performed for all noncompliance. The District Engineer, likewise through his duly authorized representative, reserves the right to also perform periodic compliance inspections (Reference Conditions 11 and 12) and to require the Lessee to notify third party grantees of deficiencies and prescribed corrective action. A b. The District Engineer my also, if continued and persistent violations warrant, require the Lessee, at its own expense, to revoke third party grants, remove the grantee from the premises and restore the premises to a condition satisfactory to the District Engineer. I c. In addition to the restoration provided for in Condition 18 of this lease, the Lessee shall upon revocation, or expiration of the lease, be responsible for the prompt removal of property and restoration of the 6 3 j i -Isom c ~ a a r r premises under.any third party grants. Said restoration shall be accomplished at no expense to the Government. 8. No permits, licenses, or subleases Will be granted to adjacent private property owners or others, for use, alteration, improvement, addition of facilities, or any other purpose which would confer upon them privileges not available to the general public or which would infer or imply exclusive private use of public lands. Any permits, licenses, or subleases granted to adjacent private property owners or others, for use, alteration, improvement, addition of facilities, or any other purposes will be conditioned such as, a. To not restrict use thereof by the general public. 1 b. To permit free and unimpeded passage along the shore. 3 c. To be compatible with the Project Master Plan, Resource Management , Plan, and the Environmental Impact Statement adopted for the project. iJ I d. To have signs posted to the effect that `This is public property open to general public use." 9. The Lessee shall establish and maintain adequate records and accounts and render annual statements of receipts and expenditures to the I District Engineer, except for annual or weekly entrance fees which also are honored at other recreational areas operated by the Lessee. The District Engineer shall have the right to perform audits of the Lessee's records and accounts, and to require the Lessee to audit the records and accounts of 1 I 7 f A { CQ[j 17 r f ~ I a any sublessees, and furnish the District Engineer a coPY of the results of such an audit. 10. The rates and prices charged by the Lessee or its grantees for revenue producing activities shall be reasonable and comparable to rates charged for similar goods and services by others in the community and on the lake. The Government shall have the right to review such rates and prices and to require an increase or reduction where it finds the objective of this paragraph has been violated. Changes to the price schedule shall be submitted in writing to the District Engineer for approval in advance. 11. The right is reserved to the United States, its officers, agents, and employees, to enter upon the premises at any time to make inspections concerning the operation and maintenance of the lands and facilities provided hereunder, for an g y purpose necessary or convenient in connection with river and harbor and flood control work, and to remove timber or other i ` material required for such work; to flood the premises when necessary; and/or to make any other use of the land as may be necessary in connectioi with public navigation and flood control; and the Lessee shall have no i claim for damages of any character or account thereof against the United States or any agent, officer, or employee thereof i 4 provided however that t the Government shall give advance notice of any such entry, or use of the h premises to the State Park Manager, which shall include a description of the use or purpose of the entry. k I r r 8 + ~1 i 4 {0 1 ra?n r• Y 12. Upon discovery of any condition that presents an imminent and dangerous threat to the health and safety of the public, the District Engineer may require that any part or all of the premises be closed to the public until such condition is corrected and danger to the public is eliminated. The determination of the District Engineer regarding the existence of any danger to the public and the r,:ed for emergency closure of the premises shall be final and conclusive. Thr Lessee shall have no claim 1 for damages against the United States, or any officer, agency or employee thereof on account of action taken pursuant to this condition. ' 13. At the commencement of operations on the premises, the Lessee will require its grantees to obtain from a reputable insurance company, acceptable to the Government, liability or indemnity insurance providing for limits of no less than that which is prudent, reasonable, and i consistent with sound business practices; or $1,000,000, whichever is greater, for any number of persons or claims arising from any one incident with respect to bodily injuries or death resulting therefrom, and $100,000 for damage to property suffered or alleged to have been suffered by any person or persons resulting from operations under the terms of this lease.. Grantees shall require their insurance carrier or carriers to furnish to I ~ the Lessee a copy of the policy or policies, or if acceptable to the District Engineer, certificates of insurance evidencing the purchase of J 1, such insurance by said grantee. The Lessee shall make such proof of insurance available to the District Engineer upon request. The District Engineer may reduce the limits of liability insurance required, if the t F I 9 7 Lessee so requests and provides justification based on the level and type r of services to be provided by the grantee. The minimum amount of required liability insurance coverage is subject to revision by the District Engineer from time to time. The terms of this condition will not apply to Grantees which are self-insured Governmental entities. 14. This lease is subject to all existing easements, and easements subsequently granted, for roadways and utilities and for other purposes located or to be located on the premises; provided that the proposed grant of any easement will be coordinated with the lessee in advance and easements s will not be granted which will, in the opinion of the District Engineer, interfere with developments, present or proposed, by the lessee. All outgrants on the premises will be granted in accordance with the approved project Master Plan. 15. Within the limits of their respective legal powers, the parties of this lease shall protect the project against pollution of its water. The Lessee shall not discharge waste or effluent from the premises in such a manner that discharge will contaminate streams or other bodies of water ! i or otherwise become a public nuisar,•.e. The Lessee shall comply promptly i ` with any regulations, conditions, or instructions affecting the activity hereby authorized if and when issued by the Environmental Protection Agency l or any Federal Agency, and/or a State, interstate or local Water Pollution Control Agency having jurisdiction to abate or prevent water pollution. ~M Such regulations, conditions, or Instructions in effect or prescribed by i the Environmental Protection Agency or any Federal Agency, or State, 10 I % I'' S r Interstate or local agency are hereby made a condition of this lease. The lessee will use all reasonable means available to protect the environment and natural resources, and where damage nonetheless occurs arising from the Lessee's activities, the Lessee shall be liable to restore the damaged resources. eta 16. The Lessee shall comply with all applicable Federal laws and i regulations and with all applicable laws, ordinances, and regulations of the state, county, and municipality wherein the premises are located, E including, but not limited to, those regarding construction, health, safety, food service, water supply, sanitation, use of pesticides, and licenses or permits to do business. The use and occupation of the premises shall be subject to the general supervision and approval of the District i Engineer and to such rules and regulations as may be prescribed from time to time. The Lessee shall additionally provide an annum] report on the ~ I types and quantities of pesticides used on the premises during the previous f year as a part of the annum] management plan. (Reference Condition 2b). 17. This lease may be revoked by the Secretary of the Army in the event the Lessee violates any of the terms and conditions of this lease and continues and persists therein for sixty (60) days after notice thereof, in writing, by the District Engineer. Such a termination shall not derogate f ~ or diminish such other remedies in law as may be available to the r Government end in no way shall it act to relieve the lessee of its J i responsibilities and obligations under the contracts. In lieu of revocation, the District Engineer, in his discretion, upon a finding that a i ' I 11 ' ' t /f OWN, F tGr ~ { J, I I e' O 9 violation constitutes a health or safety hazard, may suspend the use of that operation or facility until such deficiency is rectified. (Reference Condition 12). The lease may be relinquished by the Lessee by giving three (3) years prior written notice to the United States in the manner prescribed in Condition 19. w 18. On or before the date of expiration of this lease, the Lessee shall vacate the premises, remove its property therefrom, and restore the premises to a condition satisfactory to the District Engineer (normal wear and tear considered). If, however, this lease is revoked, the Lessee shall vacate the premises, remove its property therefrom, and restore the premises j I as aforesaid within such time as the District Engineer may designate, but not less than 120 days. In either event, if the Lessee shall fail or f neglect to remove its property and so restore the premises, then at the option of the District Engineer its property shall either become property of the United States without compensation therefor, or the District Engineer may cause the property to be removed and no claim for damages ~JI against the United States or its officers or agents shall be created by or 1 i 111 made on account thereof. The Lessee shall also pay the United States on demand any reasonable sum which may be expended by the United States after the expiration, revocation or termination of this lease in restoring the j premises. 19. All notices to be given pursuant to this lease shall be addressed, if to the Lessee, to the Director, Dal 1as Water Utilities, City Hal 1, Dallas, Texas 75201. The Director shall serve as the sole point of contact 12 ~ 1 for the Lessee until otherwise mutually agreed to by the parties hereto. It shall be the Director's responsibility to coordinate matters with the City of Denton. Notices to the Government shall be addressed to the District Engineer, Fort North District, Corps of Engineers, ATTN: CESWF-RE-M, P.O. Box 17300, Fort Worth, Texas 76102-0300, or as may from time to time be otherwise directed by the Government. Notice shall be deemed to have been duly given if and when enclosed in a properly sealed i envelope or wrapper, addressed as aforesaid, and deposited postage prepaid i in a post office or branch post office regularly maintained by the United States Government. i 3 20. The Lessee shall not remove or disturb cultural resources, or cause or permit such resources to be removed or disturbed, unless such is approved in writing by the District Engineer. Cultural resources are defined herein to be any historical, archeological, architectural or other cultural artifacts, relics, vestiges, remains or objects of antiquity. If previously unidentified cultural resources are revealed on the premises, the Lessee shall immediately notify the District Engineer and the site and material shall be protected by the lessee from further disturbance until a professional examination of them can be made acid clearance to proceed is authorized by the District Engineer. For all future actions which may potentially affect known or unknown cultural resources, after initial park development, the Lessee shall be responsible for evaluation and potential mitigation costs, following all applicable guidelines of Federal preservation law. All such actions will likewise be coordinated in advance i s 6 13 } 1 ea. / i ' with the District Engineer. f a 21. The Lessee shall pay the cost of any electricity supplied to the premises and shall contract independently with the supplier for its own account. All electrical and communication lines to be installed on the premises shall be routed underground where practicable. All electrical installation will comply with the current edition of the National Electric Code and/or the National Electric Safety Code, as applicable. Any lines which are to be installed overhead shall comply with Engineer Regulation 1110-2-4401. Pursuant to this requirement and until this condition is j a amended, all overhead lines will meet or exceed the minimum low-sag point elevations specified in Exhibit D, which is attached hereto and made a part, 1 hereof. No facilities will be installed without written approval from the 9 District Engineer, of plans for construction, in accordance with Condition 2. The Lessee shall be responsible for insuring compliance with all state and local laws governing water quality and testing of water supplied to the premises and compliance with all state and local laws and standards governing wastewater facilities. 22. The Lessee shall not discriminate against any person or persons or ' exclude any persons from participation in the lessee's operations, programs, or activities conducted on the premises, because of race, color, age, sex, handicap, national origin, religion, or place of residency. The Lessee, by acceptance of this lease hereby gives assurance that it will compl, with Title V1 of the Civil Rights Act of 1964 as amended, (42 USC i 2000d); the Age Discrimination Act of 197S (42 USC 6142), the t 14 F J YY 1 1 } r E r= Rehabilitation Act of 1973, as amended {29 USC 7941; and all requirements r r imposed by or pursuant to the Department of Oefense Directive 5500.11, May 27, 1971. The assurance shall be binding on the Lessee, its agents, successors,'transferees, sublessees and assignees. 23. The Lessee shall not permit gambling on the premises, or install or operate, or permit to be installed or operated thereon, any device which, in the opinion of the District Engineer is contrary to good morals E or 1s otherwise objectionable; or use the premises or permit them to be 3 t used for any illegal or immoral business or purpose; there shall not be carried on or permitted upon the premises any activity which would # constitute a nuisance. The Lessee shall not sell, store, or dispense, or ! permit the sale, storage, or dispensing of beer or other intoxicating liquors without prior written permission from the District Engineer. 24. a. The Government will take all reasonable precautions to prevent damage to the park environment and to avoid disruption of park operations and recreation activities which might be caused by future mineral exploration and recovery activities. The Government will inform the Lessee in advance when such activities are proposed and will give due regard to the Lessee's comments and recommendations regarding protection and mitigation measures, as long as these measures do not abridge the lawful rights of the mineral estate owners. b. As to federally owned mineral interest, it is understood that they may be included in present or future mineral leases issued by the Y 15 ~ } i NIL -TT F `,t !F i Bureau cf Land Management (BLM), which has responsibility for mineral develgrfient on Federal lands. The Department of the Army will require lease stipulations to BLM that are designed to protect the premises from activities that would interfere with the Lessee's operations or would be contrary to local laws. IN WITNESS WHEREOF, I have hereunto set my hand by direction of the i Assistant Secretary of the Army (IAL) this day of 19 G a i This lease has been executed by the City of Dallas on the x day of 10y v and by the City of Denton on the day of 19 ( CITY OF DALLAS CITY OF DENTON Richard Knight, Jr., City Manager BY: BY: (SEAL) i ss ant y anager ay ep ens I Mayor { APPROVED AS TO FORM: ATTEST: Analeslie Muncy, City Attorney BY: Jennifer Walter City Secretary BY: 1w.,Amislamt orn APPROVED AS TO LEGAL FORM: labmllted to City A~ BY: V e ra am rayon c ID - C Attorney 16 i~ r ; Ole me f i ~FRrIF.ICArE s t of the city certify that a* the herein; that of Da11es, texas, named as behalf of the City of Dallas Lessee of the Cfty; and that Texas was then *'ho signed this lease on t said lease Vat Cott of D Islas. Texas by authority of duly signed for and on be Pe Of half corporate powers, its governing bob and of the is within the j r! i (SEAL) j Certify that J asp the ! herein; that of the City of Denton behalf , taxes of the City of p~ , named as Lessee of the City: and ton, Texas was then city ~I who signed this lease on that said lease was duly si9red for of Denton, texas by autho scope of,ita corporate powers, ritY of Its governing nd on behalf of the QY end is within the (SEAL) J !7 e u M,s p I t CERTI>:ICATE M ' I , certify that I am the of the City of Dallas, Texas, named as Lessee herein; that who signed this lease on ~I behalf of the City of Dallas, Texas was then of the City; and that said lease was duly signed for and on behalf of the y City of Dallas, Texas by authority of its governing body and is within the 4 scope of its corporate powers. i 1 (SEAL) J ` I certify that I am the of the City of Denton, Texas, named as Lessee I herein; that , who signed this lease on R behalf of the City of Denton, Texas was then l of the City; and that said lease was duly signed for and on behalf of the City of Denton, Texas by authority of its governing body and is within the scope of,its corporate powers. F (SEAL) { 17 I l r 1 axc.r.~ 1 1 ~ y t N IO OENTON i•® INT. STATE yr TO oAlNttV ~ mr 91 ~-mC a3 7c m m f! Xz p rO - f .V, sic z M ~c a 0 O~ mM X m~ m W / y ItXHlSP p P~aa~.crr MAP ' I op 1 t Exhibit A-1 ri Recreation Area and Acreage 1 1 A isle du-Bois Park 1687 Acres t Johnson Branch Park 1514 Acres Pond Creek Access Area 20 Acres Sanger Access Area 20 Acres Pecan Creek Access Area 48 Acres Buck Creek Access Area 11 Acres Jordan Park 350 Acres } Low Density Area between isle du-Bois Park and Jordan Park 461 Acres f E ^r E r i i eaa,rY~ { Y y { 4y y "'•111 . • .rY.'t , StGN[NS INOtt I c!9,1 W 19.991 1149{ wRrCr ____I I Y Ifb w,vA f '~~r a201 a asp ~ \ ~1 fUV1 ,rL. 1 1 Y`MT1~G n 1 t Y 1 . 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H~ I _ Ylti I '~1 1 1 ru,ll ~ ! . 1 * 1111 "Al rrlt.t PAX? OF JONSOM PPAWK PARR ,01 1 ,l III:I ICI Sy 1 .Y \p YI.,M , M 1 Yb\llli Iebll ~ n hb[, •-111 C01"ffl 1. vi ^ 1.110 r,YY ♦ On\, yti ul IWrI, 014 16411 r191 •I' la.~w iw.•w. I. ,1 ~ 1.710 wLY Y.~ Ir1~•~~~XrYr wrt Y 1\Y.. .4Y YAM Yr~ A All .Am ttl 4~ww 4...... ~r W 1J Iu11111 . 41~mic ~ lula Area n,'r Shoot 1 of 9 , ti • M , u r A ~4 Arv> I 1 Nl' ~r yi 1'Ar. ,...Y ~ y 11,414T INDEX 14•r/ q ~ / ~Irr1+ IIr11 F.111 Ltln r '.taF 1 uArL e F{Irn 111'.x' s 1^~ ~ ~~rl♦ LyI Irrvir rr V IvYAr r f~ 11x1 rc lr ~ ~ ~ . I. loll - mat r ~'vv ~1 ' I v YY I ` • h • ~ u\Af .1001, / ' Irl ei q ~ r 7 v1.i1\ L J'IM .-_a.r:., 1.1 r1 AI v I''i fi r••r~ i ui •rFl u.Wp ~ v1r i .r1{^t1 +r1 1 r r Iv041rur+111,1 Y,. \1 v( PART OR Y Yr rI I:uSY 1 A, y,~ 1SLE IrlOIS PARS r 1.1 /f .y flyA 1 ~ •ti. _ 114 + lu{Y 5 10~I \Y\ , .µ41Y 1111 Y.F \ rbu♦ I 1191 113'1• ~ ' Y. M r~hl M, ' ' I,,. 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BETWEEN EPU do IOIS r f F' AND JOAOAr'1 PJI 1 I u.r :aa L.n uoe L u1rl r, 1101441 IuRrp r- i ./IIV Oy1 Rll{ M I 1 L •fGYt1I tM a,pa1 1.111 ..r....-... Yf1lAY~ 1 MKLRH---•. ~aSW- 1 ' I I 1.111 i ~ Ialr Lxr 111'4• w.P4r ,av I n L~~ ' ,.ti• . 1. .r+N s i , i r ~dI _ .w..x, •A y. yV.V 140I0I f'dIn1All nLlV11 u 110 A ar f ^ 1. 'IWU , 11 A...ry ILRrII ' ..rrr..f....-. Vulr 1.11 ~ I I 1../r I I1I YLL1A.iitlL]E ' ' AVI . IY110 1._ Irr/. Ar -.YID. 1 A.+ An....- ....el.. Ry M Or^r..........•rAa.~ I 1111 ~ , pe 1 .favie+.v1 '--W 1 (1014 t.••/9fiLL ~.j. 4° rnr' ExAlElt 1 - , l ullvl+ Iu. 0111 Lem Bros A- so? f- 041 Shat 1 Of 1 Is Y w G s` • I I, ~ t III y^~~ 111 V S(GM(NT ING(Y A III n1 •y.•,~ ~y~. 1 • II,,~ ^ v 1~- E '^T ul I~ ~/~i J + ' 1 1111 \V» \.j/1ia I11\1'l II~~ I~YR M X1:1»~ • Ufi~gv 20 J;4 ~ 01. IA .1• Ln\ 11 J 1_•d~.Y.' C' \ aal ii•IV .a I.. •OLPr...•Oll'l l_._.~ 1 g l r ` Y 'yY grwl + ! as 41'a Sul uu "e t.1. t. J • is 1 IWrtr .1a. J fllvtdda ec _ Y Idly a1V•iV Ca -to .»t 1 1 .,olu\ ua/ r. I 1 YPiY uh ~ •TI WVV1• ~ i \W rp ri w,a. ,.r e tl I Lilf~w I I111 1. 114NCt0Vra1N CO hwuw~ww. ~ I • Y" ."»"rr.w 6M14 I'M 1 ~wr V~Yr WIJ, IIV IV II, f it 1 vaf ~ •-i Ialvlr II ~~bl e:Yeo1 d.e,a ' lv.w..llYa~ _T-'T-- a+r•. v.~a~r - L.+w v... _._..r 1. r N•Ip I r a.a ...-...w. ` \MRI 1At l • I 144.16 11,41 Ir I.............^IU• IYI ` ) Y. q 1 1 \Wvlr iI 0 IV's a 41 M .11/1 AVA4CA 04t, 194"l, MILLI Y,1a J.$p Ishl DIL Laos,. Ar1u S Shoo( e of 9 r I Y IVIA- j I v . . l J I `I 1l ~ 11x, f~ 04, C I O Or Or v)- :I1 1 . r .V 1-0 l 711FFF , 'S ILI 1-6 -lo ^ I/1 p ' t 1 / `IP V . r~1•.yf .1.. ..-,mow 1 ~ ~.r r` / ~ I ill f , _ l _ ~ 1 Yf Y.', Iw-. If AMY ".Mr•NX•M1 [ . ~ i I . t}-^J.-r~1..M V IY Y it I r:J-.cv i ` •.u ......fu 1 I Exhibit 1 lee[e Are[ Sttet 9 of 1 tul.'. aYweWa:tYl• 1 .-.~uwwrvf;kiyr. ego" 1. ! r.roY•i[Y:Y'Y:..An N'4~,1i1yq' j~ It , . r Sj III . • 4 1 I V r `UIr' ~ J 7]y■ waaH~ 1 k L 9 1 • 1 I t ~ ~ .~.IL.i f' 1, `~.~1r .Yj •`"1~.~tH~.i~~J."~J,.!:n!~~ , .I ^I I I ~ 1 "4P W', e, it 1 f Exhibit C Sheet 1 of 16 . i [1 r ~ 7 n.^ n~ rr,, i r i I • ~ "a 1 E`~ 1 r 1.; ",4.0 I i Its I~~s j Jill ~lis~~llt I ~ 1~ ~ s~l~~~~~,~sll ~ • B 1111 ! Exhibit C Sheet 2 of 16 P' ~aiatn ~ / f I } 4. r t , t • 'Vow""s Ow" I ~ ! Y s Nil rr ~ , r i f i I , h Sheet 3 of 16 i Ole- r' ` P y7 ' it E.~ ~ h• , y}f n 1d 1 1 i 1 sI . '1 •1 VVI'l 1 1 '1 figs Us muka 1 j FJ•u&......... i ' ' r Exhibit C Sheet 4 of f5 . i r • w ~ i y (i1 1 I r 1 t \ t X1. A r. K i y • Exhibit C Sheet 5 of 16 • w i 71 rF A , 1 1} O , 1 1201'+ J:.,[ , {t' •.yr 1. o ~1 1 I I 1 In11M1 I .Y , 4 • •1 i Y . ~.r• 'I' ~•q 1~•r...~•, 1..ry.'•.rll~wlpMpr yr f ' I , 1 ~ 1 • , •.1, , . I' Its ' . I ' ' i • 1'.1`2.' ' ' '1,1,1 1 . I • r i j 1 21 11 '.I ®r ! . ' I I''i, • Exhibit C E ~1' .'1 ' Sheet 6 of 1 I ~ s • 1 1 I I ~Nw'tl' ~R1t\tl• / . i ~ ~ ` III J ~~r 91, Jill 1~1[t f f ~C' r J}} ........i 1 l 1 r S J. 116 u~l ~ if t X `!I ' • Exhibit C ~Sheet 7 of 16 rat\r1 { 4 1 i s E l f ~ • rr 1 r.I ..ti, 1,1•,1}J V Y E i 1 I r~ ~ t ■ ♦ rY ~ ..~..~•.1~r'~r w.•A~r..-•tin+.. a r.rr ~ • ~ , ~ ~ , I~ ~ iii r Exhibit C ,•I Sheet S of 16 i 4 f , . . ^ • %lL "Wiz, ` r•; % qua " 111 ~ ` ~ 1 '.1 ••••``,7 t^ r 1 5t 1,••,,1'., sir .L~ ` 1 , ~'1 ~ , ' ; ~ . Ill 1 ! , 11 1 jj \I 1,•, 04 I ! ' -f ] 11 1 4 ,.1 I,Y I,~ (III r• ! j Exhibit C ! ~;i Shpet 9 of 16 Ir 1 i i t 11 ~ I lft \ I, an~r . ~ 1 1 1 • 1 4 r 1 ! 111'' Exhibit C g # ~i I sheet to of 16 P I .wr. • _ 1 wo.~ww~ a .f f • rn" i i M , iri r ~ 111 ~I'`III~ 1 ~ I~ ! 0 ` Zo 'N ' . . i1+p1, Sri,/•JI t 1 ` 44 IM till Oil 94 ! ! 1' • Exhibit C } + Sheet 11 of 16 i c I ` a~ lei" ba. r I j~~~IJJ((~ •,/•j•I •,I 1 'duo •n. . wwa.n• ff .,N ..J.IW,.~• I ~ II • ' Exhibit 2of 16 II Sheet ~ r wr•.xw~ j~ ■ d N A ' !4 ~i'i'~•~~~1•'.aF~~::'' I'•i. 'l'am •,F ~ ' f I !Ill ~ , ti ti t• ~ I ~ r f lip ••.1 ' S jjt .•i : Vic:: ~!`.:..;.7::: ~ I ~ • ►M~r ~ • ~~,ti'^, mot.. jw4w f`~ C.'•wf~ ' Exhlbit C ~~:y~``~y ` i ~ 411eet 13 of 16 i 1 , / ~K.tY! OiVI•~ ~ 1 1 I •i .V-TT~~ I 1 1 • ~ 1 4 w.. - Lei y:e!•S •7 /5 sf j,.l..,• ' - ~1 ..t.,i, ~ • rJ ,'si'r ....h ~ h`'~!, ,I i~ y I I 111 fill. Ln1}I. strA~sr~~rs~rin Iss i Exhi bi t C Sheet 14 of 16 Y 1 PAM" f 4 r , r ) E ~LmirruT~rr A #I tq"J 44, Li~.}• •f I w~K. I 4..,jr' 1 '4R 0 Mun- Sheet } C 15 of 1+5 A,r i!5 I 1 •1r~,1r ~ + i r ~ I I , y r`1 1 •1~, I . f 1 X4'1 '``1 1. I'Y• • }1' • •1 1 1 "'777 r•1-• • f11 • I ~ 1 1, 1 1' '1 'I, ~ r ul, •a,,,a 1,, 1 11~ i~i)'fj1 I! 1,, 1•I ~•a.r I` \ JI ',•'I ,1+i i 1111 A', k ,'1 ,1 11 h..~ ,.1F 1 •I a l ll + i 11 f' It;, 1Y•rp A ii}' , r ..'1.•.;,17, f 11 7, 1•;~V•• • { .~•I . ` ''11111 , ,'~Q •1''. ~r'I ,i,: l.f;. r • 1 '1 1 1 1 •JII•f ( i11~ r r I, 1 I al. •1111 rl, .,11' ~ ~•+1 'I I ~ '1 '1 ' 1'•1 1'',,', Yr{~ 1 ~ II ~ ; ~ ~ _ tom: , . ! ~i I • Exhibit C Sheet 16 of 16 4 1 1 x t F . 9 ' Wo M 11gN 111 LAW, FlAi rlAri Itlrilti tM IAA ttE9A`joI M IIIF!•1111 (WMN1 IIAA LINE! Irv" Nw lisle rtNf llwetlM Ito as1 to life e1N tM NIIK Sell Cum FL101 tat 1111 MR 1.111M to-JIRO l6•1611, 141.2mr UL-14111 346-100 14101M Qtr (1At $14.1 60.1 60.1 H .s MI ANEAi! s< t.x.s si 1!i s Nl.s N 111.! N 11+.s I 49 M's s MIS: _ + 1. l+Iqut rlMtA! aAI 1w~nddM uNn 1ANll Aew 464rMen of S feet nutK tAu~ these siwN above. F A11 iallettei "ItIPSOa Ohl u+denied losKgirclit must tim I of 111Nt, (1l tditiM) $hill haveaNallied wttiul elutoce s. too wIu1N taw lu l N 12 fut. 1 Exhibit D r E1(CERPT PUBLIC UTILITIES BOARD MINUTES June 27, 1990 r 9. CONSIDER APPROVAL OF A CONTRACT WITH THE DEPARTMENT OF THE ARMY FOR THE LEASE OF PUBLIC PARK LANDS AT LAKE RAY ROBERTS. ; A motion was made by Thompson, second by Chew to approve subject contract All ayes, no nays. Motion carried. i 1 E i { I j s' i i 1 r qq% 77 d , CITY COUNCIL 5r jf i r i 1 1 y j a i ~pO p•h/f, 11I • p I 4 , 1 y G f s ciTY of DENTON ! 215 E. McKinney ! Oenlon, Texas 76201 3 1 M E M O R A N D U M 1 Tot Mayor and Members of the City Council MM3 Stevo Brinkmani Director of parks and Recreation DATE! July 2, 1990 SUBJECTS Request by Carl Young for the Use of Pred Moore Pack Carl Young has not formally appeared before the Park Board to request the use of Prod Moore Park for a girls' slow pitch softball tournament or the waiver of fees in connection with this use. was mentioned At the schlast eduled k at Board immediately following the Board meeting, Hei sc that he would like to use Fred Moore Park on July /and was told by the Board members that a prior request for that day had boon approved, it was suggested that hc. ask to be put on the agenda for the next Park Board meeting which is scheduled for Monday, July 161 1990. J S eve Brinkman ADM00703 a Y 1■■[~j II I mwwl S f f (L~ Y P 1 1 i, ~Er 1 1' 1 i ; r+ f IC F fs 1 F LE la' I 1 t 1 1