HomeMy WebLinkAbout07-17-1990
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AGENDA
CITY OF DENTON CITY COUNCIL
July 17, 1990
Work Session of the City of Denton City Council on Tuesday,
July 17, 1990. at 5:15 p.m. in the CivLI Defense Room of City
Hall, 215 E. McKinney, Denton, Texas at which the following
~.7 items will be considered:
5:15 p.m.
Note: Any item listed on the Agenda for the Work Session may
also be considered as part of the Agenda for the
Regular Meeting.
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1. ExecutLve Session:
A. Legal Matters Under Sec. 2(e), Art. 6252-17
V.A.T. S.
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1. Consider action in In Re: Flow
B. Real Estate Under Sec. 2(f), Art. 6252-17
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V.A.T.S.
1. Consider land acquisition for Service Center 1
Expansion. f
C. Personnel/Board Appointments Under Sec. 2(g),
Art 6252-17 V.A.T.S. 3
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2. Hold a discussion concerning the provisions of the
Code of Ordinances related to parking of vehicles over
on3 ton in residential zoned districts.
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i 3. Hold a discussion concerning a the City of Denton
expressing its intent to Contract to Purchase from the
upper Trinity Regional Water District a portion of the
raw water obtained from the Sulphur River Basin by the
District by contract with the City of Commerce.
(Public Utility Board recommends approval.)
4. Hold a discussion concerning an interim Wastewater
Treatment Services Contract between City of Denton and
the Upper Trinity Regional Water District.
5. Hold a discussLon concerning the After School Action
Site Program.
6. Hold a discussion concerning the bridge over the
railroad tracks on Loip 288 and the future widening of
the Loop.
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City of Denton City Council Agenda
July 17, 1990
Page 2
Regular Maetinq of the City of Denton City Council on Tuesday,
July 17, 1990, at 7:00 p.m. In the Council chambers of City
Hall, 215 E. McKinney, Denton, Texas at which tho following
items will be consider-ad:
7:00 p.m.
1. Consider approval of a resolution of appreciation for
Ray Bunting.
2. Receive a status report from the 191 Committee.
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3. Consent Agenda:
Each of these items is recommended by the Staff and i
approval thereof will be strictly on the basis of the Staff
recommendations. Approval of the Consent Agenda authorizes the
city Manager or his designee to implement each item in
accordance with the Staff recommendations.
Liste6 below are bids and purchase orders to be
approved for payment under the Ordinance section of the
agenda. Detailed back-up information is attached to the {
ordinances (Agenda items 4.A, 4.8,). This listing is provided
on the Consent Agenda to allow Council Members to discuss any
item prior to approval of the ordinance. j
A. Bids and Purchase Orders:
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I 1. Bid 01120 - Padmount Transformers
2. Bid 01121 - Roof Repair at Power Plant
3. P.O. 098633 - Motorola
4. Ordinances
A. Consider adoption of an ordinance accepting
competitive bids and providing for the award of
contracts for the purchase of materials,
equipment, supplies or services. (3.A.1. - Bid
01120)
B. Consider adoption of an ordinance accepting
competitive bide and providing for the award of
contracts for public works or improvements. 4
(3.A.2. - Bid 01121) '
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July 17. 1990
Page 3
C. Consider adoption of an ordinance providing for
the expenditure of funds for purchases of
materials or equipment which are available from
one source in accordance with the provisions of
state law exempting such purchases from
requirements of competitive bids. (item 3.A.3, -
P.O. #98633)
D. Consider adoption of an ordinance of the City of
Denton, Texas, providing for one-way traffic from
south to north on the east frontage road of
Interstate Highway 35 between U.S. Highway 77 and
the northern city limits for a distance of 24,580
feet; and for one-way traffic from north to south
on the west frontage road of Interstate Highway
35 between F.M. 1173 and the northern city limits
for a distance of 26,175 feet.
E. Consider adoption of an ordinance authorizing the ?
City Manager to execute an agreement with the
Texas State Department of Highways and Public
Transportation for installation of traffic signal
controllers on TM 2181 at the intersection with I
Interstate Highway 35E in Denton. S
5. Resolutions
A. Consider approval of a resolution of the City of y
Denton, Texas expressing its intent to contract
to Purchase from the Upper Trinity Regional Water f
District a portion of the raw water obtained from
the Sulphur River Basin by the District by
contract with the City of Commerce and providing
for an effective date. {Public Utility Board
recommends approval.)
B. Consider approval of a resolution of the City of
Denton. Texas authorizing
the submission
of an
Urban Homesteading Program application to the ,
r Department of Housing and Urban Development;
approving an agreement with the Denton County
Housing Finance Corporation to act as the local
urban homesteading agency to implement the
program if funded; authorizing the City Manager
to act as the City's authorized representative in
all matter pertaining to the City's participation
in the Urban Homestead Program.
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City of Denton City Council Agenda
July 17, 1990
Page 4
C. Consider approval of a resolution authorizing the
Mayor to execute an agreement between the City of
Denton and the Texas Department of Commerce for
an Enterprise Zone (Enterprise Zone 1) within the
limits of the City of Denton and extraterritorial
jurisdiction of the City.
D. Consider approval of a resolution authorizing the }
Mayor to execute an agreement between the City of
Denton and the Texas Department of Commerce for
an Enterprise Zone (Enterprise Zone II) within
the limits of the City of Denton and 1
extraterritorial jurisdiction of the City. 1
6. Miscellaneous matters from the City Manager.
A. Monthly budget recap,
7. Official Action on Executive Session Items: IIIh
A. Legal Matters
B. Heal Estate
C. Personnel
D. Board Appointments
e. New Business:
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This item provides a section for Council Members to
suggest items for future agendas. #
9. Executive Session:
A. Legal Matters Under Sec. 2(e), Art. 6252-17
V.A.T.S. {
B. Heal Estate Under Sec. 2(f), Art. 6252-17
V.A.T.S.
C. Personnel/Board Appointments Under Sec. 2(q),
Act 6252-17 V.A.T.B.
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City of Denton City Council Agenda
JuLy 17, 1990
Page S
NOTE, THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO
EXECUTIVE SESSION AT ANY TIME REGARDING ANY ITEM FOR WHICH IT
IS LEGALLY PERMISSIBLE.
C E R T I F I C A T E
'G
I certify that the above notice of meeting was a
posted on the x
bulletin board at the City Hall of the City of Denton, Texas,
on the day of 1990 at o'clock
(a.m.)
CITY SECRETARY
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DATEt1/17/90
CITY COUNCIL REPORT FORMAT
TOi Mayor and Members of the city council
PROMt Lloyd V. Harrell, City Manager
L Mao I
SUBJECT: Ordinance provisions related to the parking or storage of trucks
weighing one ton or more in residential zoning districts
RECOMMENDATION:
Staff requests that the Council after renew of the alternatives
provide direction on how staff should proceed. Amendment to the
current ordinance will require a public hearing before the Planning
and Zoning Commission since the provision is a part of the zoning j I
ordinance. j
f SUMMARY:
In March 1990, the Enforcement and Beautification Division informed
a resident on King Row that the storage of trucks on residential
property was a violation of the city zoning ordinance. The officer
based this notice on the provisions of the zoning ordinance. In the
discussions with the property owner, the owner stated that he was I
not storing but only parking the truck on his property. The owner I j
also stated that as a professional truck driver he wanted to be able
to park his truck in his driveway when he was at home. The staff
requested a legal opinion to receive clarification on the use of the
word 'storage' in the ordinance. The Division has received five ; j
complaints from citizens questioning why truckb, truck trailers, and
j dump trucks are allowed in residential areas in the last two
months. These individuals expressed that the trucks are a nuisance
i in their neighborhood.
1 BACKGROUND; 9
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The zoning ordinance contains a provision in the parking regulations I
that states, 'In the SF-16, SF-13, SP-30, SF-71 2F, MP-R, Mt-1,
+ MP-2, 0, and ITS districts, no parking space, garage or carport or
I other automobile storage space or structure shall be used for the i
storage of any truck, truck trailer or van except panel and pickup
trucks not exceeding one ton capacity.' The legal opinion on the
question stated that without a definition tae Judge or jury would ? L
determine the meaning of 'storage' in each case. If a citation was
issued based on the ordinance, the judge or jury would have some r
difficulty in determining what was meant by storage, since
'storage' is not a legal term the City Attorney's Office provided
the definition of 'storage' from webster's New World Dictionary as
'to put aside for use when needed'. The opinion suggests that an
amendment be made to clarify the intent of the ordinance.
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SACKGROUND(continued),
Staff surveyed twenty cities from across the state to determine how
this situation is handled, The summary is attached. Eighteen of
the cities either prohibit or limit trucks in residential zoning
districts. Lufkin is working on an ordinance and currently requests
that the owner remove the truck from the residential area. Coppell
requires that the truck be parked on a concrete pt.d. Fourteen (14)
M of the cities prohibit trucks of one ton or more. Four (4) cities
limit the trucks by tonnage and time in a residential area.
Several issues that should be considered include damage to
residential streets, commercial use of residential property, and
alternative Locations to park trucks. Many cities surveyed stated
that trucks must stay on truck routes. The city code designates
truck routes for trucks over 12,000 pounds or six (6) tons. The
Engineering Division and City Engineer has indicated that
residential streets are designed for limited truck traffic and a )
weigh limit of approximately two (2) tons based on axle load.
Limited use of the residential streets by truck traffic should not
damage the streets but continuous use will lead to deterioration.
In addition garbage trucks and city vehicles make routine trips
across residential streets. The Solid Waste %vision estimates that
a full garbage trust. weighs approximately 35,000 pounds or 17 tons.
The citizen complaints received have included the comment that their
neighborhood is being used for commercial p:rposes. The zoning
ordinance limits the use of a residence for business purposes. The j
ordinance requires that a home occupation be carried on within Oe I
main structure, have no outside employees, and not use advertising
signs. Tne home occupation cannot depend on substantial client
traffic to the premise. In some cities the zoning ordinance states
that commercial vehicles are prohibited except for loading and
unloading. Four of the trucks that we have received corplaints I
about advertise a business or product.
Parking of trucks in general retail, commercial, light irniuetrial
and heavy industrial is not limited under the current ordinance.
Section 12-126 of the Code of ordinances limits parking on the
street to not exceed 20 continuous hours. Two truck stops on I-35
at U.S. Hwy 77, located within the city limits, will allow otorage
on their
property.
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Staff feels that there are four alternatives (1) leave the ordinance
as is and handle complaints on a case by case basis, (2) modify the
ordinance by adding provisions to prohibit, (3) modify the ordinance
by limiting the time allowed in residential areas, or (4) modify the
ordinance to allow trucks to be parked in residential areas. The
Division feels that the current wording is ambiguous and that a 1
citation could be successfully challenged in Municipal Court.
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PROGRAMS, DEPARTMENTS OR GROUPS AFFECTEDt
Code Enforcement, Planning, Legal, truck owners, and residents of
residential areas.
FISCAL IMPACT?
None
bpitt f
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Respezy
Prepared by: Lloyd Harrell
nCity Manager
{,Q C,t +'+4
Cecile Carson E
Administrative Analyst. II
Approved:
:
Jesu Nava
he scant to the {
ty Manager
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CITY INFORMATION SUMMARY
~1TY ORDINANCE CUMMENiT,S
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ABILENE Prohibits 1.5 ton or more Truck as defined r
commercial vehicle to be by Tx. Motor
parked or stored on a Vehicle
residential lot t
AMARILLO Expeditious loading and Truck Parking i
unloading only in zoning ord. i
Parking in street uaxisum 72 1
hours
ARLINGTON Trucks over 2 tons prohibited Nuisance Ord. {
cannot be parked in front or p
side yard ` j
CARROL6TON Cannot exceed 1 ton Truck route
Must be parked on approve) provisions used
surface to enforce, also
COPPELL Truck, etc suet be parked j
on concrete pad approved
by city. Max. 2 hrs. for
trucks over 1 ton parked
on street
EULESS Trucks over 1.5 tons are Only 2 or 3
limited to 4 hours in Inoatione in
residential districts city to park
FARMERS BRANCH Trucks over 1 ton prohibited J
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FLOWER MOUND Over 1.6 tons prohibited Recreational
No more than 40% of yard can vehicles sax
be used for parkirg 8.5' wide,
11.5' height, j
6 36' length f 1+
street or
private
property
GALVESTON 10,000 lbs. or more
rohi Sled btwn 7 any b
p l,
7 pm 1
GARLAND One ton or more prohibited Commercial
zoning or less
restrictive
GRAND PRAIRIE PUD I ton truck delivery KI) 20 to 25%
only of residential j~
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OR SSE MUM
41TY
IRVING over 1 ton prohibited
Commercial vehlclas
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IEWI3VILLE Over i tun prohibited Handle only on
complaint
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Working on ordinance Asked to move
LUFKIN vehicle upon 1 I'm I
complaint
Over 2 ton prohibited Exception or
MESQUITE extension to
move given when
ord. was
approved (90
days)
f PLANO 48 hours in street or
I driveway btwn property lines
I Ry, boats trailer or item
pulled or stored on trailer
` prohibited in ROW
PORT ARTHUR 18s or losiger prohibited from
overnight parking
SAN ANGELA 3.5 ton or more unlawful Recreational
commercial vehicles on ntreetsinside or side
residential lots, or street yard only
bordering residential area
I WACG Delivery only to residential Cab alone can
f areas cannot park on street no parkedicut
speci
ordinance
permits
WICHITA FALLS I ton or sore to park In residentialed
district
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COUNCIL,
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~a•,•. July 17, 1990
.5' 30,0 m.
CITY COUNCIL # 3
AGENDA ITEM
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Lloyd V. Harrell, City Manager
SUBJ: CONSIDER A RESOLUTION OF THE CITY OF DENTON, TEXAS,
EXPRESSING ITS INTENT TO CONTRACT TO PURCHASE FROM THE
UPPER TRINITY REGIONAL DISTRICT A PORTION OF THE RAW WATER
OBTAINED FROM THE SULPHUR RIVER BASIN BY THE DISTRICT BY
CONTRACT WITH THE CITY OF COMMERCE AND PROVIDING FOR AN
EFFECTIVE DATE.
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RECOMMENDATION:
The Public Utilities Board, at their meeting of April 24, i
1990, recommended to the City Council approval of subject
resolution and contract.
SUMMARY/BACKGROUND:
On May 24, 1990, the council reviewed the Upper Trinity Regional I
Water District (UTRWD)/City of Commerce Water Contract and
requested additional information regarding other alternatives and
requirements for future raw water. On June 26th, the Council had
a Work Session regarding this proposed raw water contract plus
other issues relating to the UTRWD,
SUMMARY OF DENTON'S SUPPLIES. REQUIREMENTS AND ALTERNATIVES
1. Denton's existing raw water supplies are:
Lake Lewisville 4.6 MGD
j Lake Ray Roberts 19,8 MGD
TOTAL Tr.rMGD
R 2, For raw water supp1 y '
~ y planning, it is necessary to plan for
drought weather conditions of 200 gallons per day per person
which are considered to be 15% greater than Denton's present 4
normal weather use of 165 to 175 GPD.
3, Denton presently has sufficient supplies for a population of 1
122,500 which would occur in 2013 with 2,5% per year growth
or 2002 with 51 per year growth. Denton's growth has been
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3,51 between 1980 and 1990 which, if this growth continues,
Denton will need additional raw water supplies in seventeen
years or 2007. Considering that it takes 10 to 20 years to
develop future caw water supplies, Denton needs to begin
researching its alternatives,
q, Denton's Long-Term Raw Water Supply Alternatives are:
a. Buy from Dallas
Advantages:
Requires the least amount of effort on Denton's #
part.
Price will be Dallas' average reservoir and
pumping price. 1
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Dallas has supplies sufficient to 2030.
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Disadvanta es.
Dallas prices will increase substantially as they
begin to install lines and pumping facilities to
their remote reservoirs.
Dallas may not want to serve Denton's future
requirements. E
f b, sulphur River Basin
Commerce Water
- Future George Parkhouse Reservoir
Advanta9ee:
Commerce Water is relatively cheap since land was
urchased several years ago and federal fund
p
interest rates are in the- 3% mange. ~
inmm the nexjtctphases gof DSulphur ouRiver nvBasin
development.
The next major water project in North Texas will
probably be the George Parkhouse Reservoir 11
which is near the present project.
Disadvantages:
Denton will need to participate with others and
coordination may be difficult.
- There will from legal the callenges to the sulphur River Basin,UTRWD
gaining supplies
Investments in the legal challenges could be lost
if UTRWO loses.
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c. Texoma
Advantages:
Very large supply of water
Fairly low cost
Disadvantages: 1
Water quality is poor
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Dallas presently prohibits Denton from using
Texoma water j
Cleanup of water quality would be expensive
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d. Re-Use of Wastewater Effluent (via recirculation to E
Lake Lewisville)
Advantages: i
Least expensive alternative
Denton is in ideal location for I
recirculation/re-use.
Disadvantages:
State of Texas retains rights to . wastewater
effluent for reallocation to 'down rivers cities
Public perception may be negative
DETAILS OF COOPER RESERVOIR WATER
1. The Cooper Reservoir is owned by the Federal Government and
is being constructed by the Corps of Engineers. The local
sponsors and their share of the project are:
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North Texas Municipal Water District 39.3 MGD
City of Irving 39.3 MGD
Sulphur River Municipal Water District 28.0
- commerce 1117
Sulphur Springs 13.2
- Cooper 3.1
2. The City of Commerce and UTRWD have entered into agreement
whereby the City of Commerce has agreed to sell their 11.7
MUD share to the UTRWD for a period of 50 years for a
$50,000 upfront payment, plus assume Commerce's position
with respect to all Sulphur River Municipal Water District
and Corps of Engineers payments plus a 59 administrative fee.
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Payment to Commerce $630241 50,000
Payment to Corps Legal Fees 50,000
k Engineering Feasibility Study 86 75599
I Total $250'ouu
4, UTRWD's Anticipated source of funds for this estimated
budget is:
(33-1/39) $83,325
Denton
Lewisville (33-1/39) 83,325 Highland Village (16-1/69 41,663
s
DFWD 41 (16-1/69) 44111666633
Total $250'DUu
5, The distribution of the 11.7 NIGD of raw water from this
project is: i
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Denton 2.0 MGD
Lewisville 2.0 MGD
Highland Village 1.0 MGD
DFWD 11 1.0 MGD
UTRWD (others) 5.7 MGD
Total 11.7
Advantages:
Water is -?latively low cost
Will provide water for 10,000 people
will give Denton an opportunity to develop a presence `
in other rogional water sources
Disadvantages:
- Will be legal battles i
- NTMWD would like to retain water l
- Other Sulphur River cities may want water
- Texas Water Commission must authorize transfer
j - if Denton does not participate, other Denton
County cities will assume Denton's share
- if successful, UTRWD will reimburse $42,000
- if unsuccessful, Denton will not recoup $83,325 \ j
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P FISCAL IMPACT:
r cost $83,325
Source of Funds: Water Department Budget
PRDGRAMSo GROUPS OR DEPARTMENTS AFFECTED:
Denton Municipal Utilities, City of Denton, Water customers,
Upper Trinity Reyional Water District, Legal Department, City
ouncil, City of Commerce.
Respect ly submitted,
ty0"y acre , Y lager
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Prepared/Approved by:
R. E, Ne son, Executive D rector
Utility Administration Department
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Exhibit A Resolution
B Contract
C Minutes of PUB Meeting of 4/24/90
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January U► 1911 mmmmmmftm~
rf, powtial for to tba/e of Water Im
city of C~tce in cooper Sm," eir
lepbism sad Delta Counties
4peesiaately ?0 Kilaa Oat of Demtsa
1. t~ld~ Cooper Rose°rvodir with thhee Snlpplmw Rivves ra (Cdr) is 1115
build
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a. North Ter" *micipal Water District,
b. City of Ining►
e. Sulpbur River Municipal Water Diatriot.
~i 1, The Sulphur river Municipal Water District is cempoSed of
a. City of Camesrco►
b. City of Sulpbur Spsiaga►
o. City of Cooper.
3, The appro:imto rights bold by each party are,
AUM X"
won 31.31 "d
Irring 39.31 mtd
11.72 std
gSUPMEE SWAP 13.11 agd
Cooper 3.12 rW
1. SWAM" of dalaye is oapleties of the psyeat► tba City et Cosssreo
made alternative arrangomaStS for a water supply out of Labe Tswa-
bemi. Camsree antieipato to need for the vat" Is the sellota"ller
tutu therefore► the? bm indicated m ~awt
a portum of tto vat"- ad" tam that allwi them eoeeeo to the
rates' IS t3M fslrmm
S. Inert, diseossiw about tba water bare tam fusee bst+~ t
Water tatherity►
City et CM MM NA the Upper Trinity Ibsieipal
Ingo $too avembor 11► 1151, The city of Comnree ban retained a f
aenaitiat eetimeer to waist tbem is fidiat a to" 4"i" ~
other them Um also bare bow eoataeted.
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poait foi N'so2~w of Nasa:
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6. Tm Project has a fe"fallo latsrost eats (Is" than 42) comittd
in the = cestract. tt is astieipatedothat the f*UfA ~i"s mat
will hesoe the istataat eats ups ap
dalod for 1991.
'Of Cm'
7. I+wd as Cops of hheiiooars iiad ►tpaisi►i~es to the MY PON ""a
for
eases. the eeato isellwas
its 11.'11 at d rialda will wry film
=o.o1s ~
63 0241
Years 1 to l0 $
Years 11 to so 1SS062S
192,765 0'
Years Sl to 60
lude
lhass eeoa are for raw rater is the rssstrlied 60 mot in '
ma y, traftwo4ieo or trsatsret. These
cbwSs based on actual costs for the peolset.
1. The beard of V:WA is of the episios that aoq►lsitioo of this Voter
use for Dates Caanty is cosasstont i the the sector Vol gewa is 1
is the bast intbrsst of all past ha* if . s~stwa
wagetiattoas with Camov ~armdorway to dstsmiae
bsasf icial yrsare
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9. If an geswat to obtain this Voter eaa he sa{etiatsd, other aeties
rill sod to feller.
Mlnats altassatir'es for teaasportial the Votar to Dmtoa
Of more satitise is Demos Comfy
b. Obbis sassitsasts face oas l ~ I
to `wersltee 1 pant for the Votes at to NKisipsa with
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CIA is as*sssasants for teassprutiss act we.
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to, The first pgssat for the Voter will M he s/m *solstice of the
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ALLOCATION Of WATER RIGHTS !
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July 17, 1990
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SUBJECT:
Interim Wastewater aTrinity Regional WatertDistrict,City r
of Denton and the Upper
SUMMARY:
One of the purposes of the creation of the Upper Trinity
s, Regional Water District (UTRWD) is to provide wholesale
wastewater treatment services to communities in the Denton
County region. This proposed contract provides for a single
standardized contract for the treatment services that the
treatment services
UTRWD can
Denton utilize County communities.
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ices from the
The City of Argyle deinrthetpast,rerequestedvsuch services
u Argyle e as , position has been to
from rom the City of Denton, but the City's p
direct such requests to the UTRWD. The City of Denton did
enter into a temporary wastewater treatment agreement with
Argyle on 12/5/89 wherein Denton agrees to treat wastewater {
j that the City of Argyle delivers wa is truckftomDenton's
wastewater treatment plant. This is
to exte sewer
plans
school Ar alto ventonls Hickory gceptoravity sewer
{ line from m A
~ line near the the intersection of Country Club Road and Hickory , j
is pro,
Creek Road. Argyle
the UTRWD that provides that lyservice invia this proposed
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contract with the City of Denton. 9
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The main points of this contract are: C
1, it is a standard contract that will be applicable
for UTRWD's use to serve Denton County area cities
of Corinth, Argyle, Corral City, Hickory Creek and
Krum where sewer lines can be extended to Denton's
trunk sewer system.
!
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2, It makes available only excess capacity in
gal ns m per ndaysofscapaside acity,a minimum of
00,000 Denton's l
300,000 '
s to
3. pr is an interim contract funding and ownershipewith
provide joint planning, ,
UTRWD in future wastewater plant expansion or
development. 1
q. Requires written approval from Denton prior to
addition of any customers to UTRWD's system.
5. Denton may terminate the agreement if, after
enter g into RaD joionq nt year notice, agreement. fails to
OIr F
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6, p;TRW will e retreatment regulationsdand criteria, to Denton's
7, Denton offers to provide pretreatment administration, inspection, laboratory testing and under
analysis services for customers of Umpensate
separate contract that will fully co
Denton fo customersrdo costs not have such services, able. its
g. Rates shall be based on a methodology acceptable
to the Texas water comissionrand will generally
follow the "Utility"
is in contrast to Denton's "cash" methodology.)
Rates shall include °return nonaninvestmentanon
expense, depreciating
nton's
tand al twastewater
mbedded licable intorate base at a rate
app
on outs
rest
i
revenue bonds plus 1.5+l, plus any other reasonable
expenses of the wastewater system.
rate. days prior to
9. Denton gill notify UtoWDhninety
t
10. Term of the contract will be from date of
consummating the agreement to December 31, 1999.
a i
Respect 1Y+
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Lloyd arrell, Ci y
Prepared byt
4
~ R.E. Nelson, Executive Director ~
Department of Utilities
Exhibit it Interim wastewater Treatment Services Contract
City of Denton/UTRWD
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I11TlAI1l N11aT11111TEA TREATMENT 0!R A! AND
~
BETWEEN TEE CITY 07 DMITOVI TEl
THE UPPER TRINITY REGION" WATER DISTRICT
This Agreement is made between the Upper Trinity Regional
Water District (the District), a conservation and reclamation
district created pursuant to Article XVI, Section 59 of the
Constitution of the State of Texas, and the City of Denton
i
(Denton), a municipal corporation of the State of Texas.
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The District proposer to develop a regional wastewater systef k
in the Denton County area and proposes to enter into contracts with
entities (Participating Members) to provide regional wastewater
services to those entities. Denton owns and operates a wastewater
collection, treatment, and disposal system in Denton County, Taxes,
t
E and the District desires to utilize the excess capacity of the
Denton system for the collection, treatment, and disposal of the
Members' wastewater.
The "Denton County Water and Wastewater Study-Regional Master
i
Plan for the Year 1010", recommends that certain portions of Denton
County be provided regional wholesale wastewater service through
the Denton wastewater system. Denton has agreed to provide
4
wastewater services for ttie District on an interim basis, with the
R expectation and on the condition that the District will in the
future enter into another contract with Denton to provide for the
funding, and ownership of additional wastewater
joint planning,
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collection and treatment facilities to serve the future wastewater
requirements of both the District and Denton.
1
Aareement
In consideration of the recitals and the mutual promises of
i
each, the District and Denton agree as follows
1
1
ARTICLE I
1.1. Definitions. J
"Major Industrial/Comercial User" shall mean any user of t
Participating Member's wastewater system thats i
(a) discharges 50,000 gallons or acre of wastewater per
average work days
(b) is regulated by the Categorical Protreatment Stan-
dards; or I
(o) is found by Denton to discharge wastewater which can
cause deterioration of the sewer system facilities or
is detrimental to the biological process of the
treatment plant.
"Participating Member" or "Member" shall mean any entity that
contracts with the District to provide wastewater treatment and
disposal services, all or part of which are to be provided by
Denton under this Agreement.
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''Pretreatment Service Program" means:
(1) Wastewater treatment by a major industrial/ commercial
user before it is discharged into a public sewage system
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when necessary to comply with Federal or State laws or
regulationst
(2) The monitoring, testing, and inspection of a user's
wastewater discharges to insure the discharges do not
violate Federal, State, or local laws or regulations 1
regarding wastewater discharges or cause Denton to be in
f
violation of any required wastewater, operating, treaty
T went, or discharge permitei and r
%
(3) ordinances, rules, or regulations imposed by a Member
with lawful regulatory authority over all persons
discharging wastewater into a Member's system, that
provide penalties, remedies, or other enforcement
mechanisms to insure compliance with state and federal
laws and regulations regarding wastewater discharges. 1
"Point of Rntry" means the location or locations where I
wastewater from the District is delivered to the Denton system, as
shown in Exhibit B.
"Servicc Area" means the land area served with wastewater
collection facilities by any Participating Member of the District
t
whose wastewater is to be received by Denton under this Agreement.
"SUO" or "Sewer Use ordinance" means ordinance No. 82-39, as
enacted by the City council of Denton, as amended, and codified as
PAGE 3
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h Article VIII of Chapter 25 of Denton's Code of ordinances,
providing for the regulation of wastewater discharges into the
Denton system.
"wastewater System" or "system" means any property, equipment,
or facilities used for receiving, transporting, treating or
disposing of wastewater.
1.2. Exhibits. All exhibits attached to this Agreement are
true and correct copies of the originals and are incorporated
i
heroin for all purposes. j
Ir
ARTICLE II
RASTEQATER sEAVICES TO DE PROVIDED '
2.1. General. The District shall deliver and discharge f
wastewater into the Denton wastewater system and Denton shall
transport, treat, and dispose of the wastewater received from the
District, in aceordancs with this Agreement. not allow or
2.2. Vrior Kesiber Approval, The District shall no
cause wastewater trove articipating Member to be discharged into
l the Denton syste-A without first obtaining the written approval from !
The Director's approval shall
the Executive Director of Utilities.
be given if, in the judgment of the Director, the discharge of the
I Member's wastewater into the Denton System would not violate any
l
shall "
,
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provision of this Agreement. The Director's written approval
Le, Corral City, Hickory
'I be limited to the cities of Corinth, Argy Members of
crook and Krum, which are or may become Participating t
PAGE 4
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the District.
2.3. services Limited to 1Xcess capacity.
(a) The wastewater services provided by Denton to the District
shall be solely from the excess wastewater collection and treatment
sssM capacity of the Denton system, as determined from time-to-time by
Denton. A minimum of 300,000 gallons per day shall be made '
available to the district from the excess capacity of the Denton
system. By written amer4A*nt of this Agreement, a new minimum
gallons per day allocation of wastewater treatment capacity may be
made available to the District by Denton.
(b) As the wastewater collection and treatment demands of the
Denton system increase, Denton will be required to either make use
of the excess capacity being allocated to the District under this
Agreement, or construct additional wastewater treatment facilities.
However, Denton may not be able to afford to construct sufficient
wastewater facilities to most the future wastewater requirements of
both Denton and the District unless the District enters into a
contract with Denton to provide for the joint planning, funding,
and ownership of additional wastewater collection and treatment
facilities.
(e) This Agreement, therefore, contemplates that continued
performance of the collection and treatment of wastewater by Denton i
for the District throughout the term of this Agreement is based
upon the expectation and condition that the parties will enter into \
a separate contract to provide for the cost of additional waste-
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water collection and treatment facilities to most the future
wastewater needs of both parties.
(d) If, at any time during this Agreement, Denton determines
that it will need the excess wastewater collection or treatment
" capacity allocated to the District to serve the requirements of the
f
Denton system or proposes to review or accept engineering proposals
for the construction of additional wastewater treatment facilities,
Denton shall give written notice to the District.
(a) If, within one year after the data the written notice is
sent by Denton to the District, the parties fail to enter into
i
separate contract for the planning, funding, and ownership cf I
additional wastewater treatment facilities as contemplated in this {
Agreement, Denton may terminate this Agreement at any time after ik
two years from the date the notice was sent, by giving the District I
a notice of termination at least one year prior to the termination !
data specified in the notice of termination.
2.4. District's Request for increased Capacity.
(a) It, prior to the time Denton gives notice under
section 2.3, the District determines that it needs more than the
minimum 300,000 gallons per day allocated to the District under
section 2.3, the District shall give Denton written notice
specifying the new minimum gallons per day allocation being
requested.
(b) If, within one year after the date the written notice
is sent by the District to Denton, the parties fail to enter into P
PAGE 6
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a separate contract for the planning, funding, and ownership of
additional wastewater treatment facilities as contemplated in this
Agreement or Denton fails to agree to a new minimum gallon per
allocation at requested by the District by amendment of this f
Contract, the District may terminate this Agreement at any time
after two years from the date the notice was sent, by giving Denton
notice of termination at least one year prior to the termination
i
date specified in the notice of termination. i
IIRTIDI.R III
MARTRR PI M MM INVRNTORY r
{
3.1. Master Pleas. The District shall provide Denton a written
master plan, prepared by a registered professional engineer, for
each Participating Member, containing the information required in
- Exhibit A, before the wastewater of the Participating Member is
discharged into the Denton system.
3.2. Updates. An updated master plan for each Participating j
Member shall be submitted to Denton within five years of the date
the Member begins wastewater discharges into the Denton system.
e
3.3. Annual Inventory. The District shall provide to Denton in
writing by February 1 of each year, as to each Participating
! Member, the followings
(a) The number of domestic users being served under this
Agreement]
(b) The number of industrial/commeroial users being served e
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under this Agreement; and
(c) The name and address of each major industrial/
commercial user being served under this Agreement.
Nwhn~ ARTICLE IV
FACILITIES AND POINT OF ENTRY
3
4.1. District to Provide Facilities and Propertys The District
shall provide all lines, lift stations, and associated facilities
and shall acquire all property interests, licenses, and permits
that are necessary to collect and transport wastewater from each
Participating Member to the Denton system. `
M 4.2. Facilities Within Denton* Any lines and facilities
i
constructed by or for the District within the corporate limits of
Denton shall become the property of Denton when approved and
i
accepted by Denton in writing. All property interests required for
the facilities shall be acquired in the name of Denton or assigned
to Denton* Any wastewater facilities required to be constructed by
the District which are to become the property of Denton shall
comply with Denton$* ordinances and specifications.
4.1. District to convey to Point of Entry. It shall be the
sole responsibility of the District to convey and deliver the
wastewater from each Participating Member to the Point or Points of
! Entry approved by Denton and designated in Exhibit B. A Point of
j Entry may be changed, or additional Points of Entry added upon the
approval of Denton, which shell be indicated by amendment of
y
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Exhibit B, signed by the agents of the both parties. The District
shall pay for any change in the location of a Point of Entry, if
the change was requested by the District.
4.4. Control Henboles. The District shall construct, install,
and maintain for each Point of Entry a control manhole to allow
Denton to monitor the wastewater received from the District. The
control manholes shall be located and constructed in accordance
with specifications approved by Denton, so as to allow Denton to
have unrestricted access at all reasonable times. The control
manholes shall be owned, maintained and repaired by the District.
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ARTICLE V
i
IIETERINO
I
5.1. Installation. The District agrees to furnish and install I
or cause to be furnished and installed at its own expense at each k
Point of Entry, the necessary equipment and devices, as approved by
Denton, for measuring all. wastewater to be discharged by the
District into Denton's system. Denton may approve alternative
metering locations if metering facilities cannot be located at each
point of entry because of engineering applications.
6.2. Ovnerohip. All the wastewater maters and associated 1
equipment shall become and remain the property of Denton upon
installation and acceptance by Denton and shall thereafter be
operated, maintained, and repaired by Denton.
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5.3. Inspection and Reading. The District shall have access to
j4 the metering equipment at all reasonable times for inspection, but
the reading, calibration, and adjustment shall be done only be
employees of Denton. If a District inspection determines that a
3
meter is not functioning properly, it shall notify Denton within 48
hours of the determination.
5.4. Calibration. Denton shall calibrate each motor a minimum s 111
of twice a year unlaea requested in writing by the District to ;
calibrate more frequently. If the District requests Denton to
calibrate a Point of Entry meter more often than twice a year aM
Denton finds the percentage of inaccuracy to be five percent o
less, the District agrees to pay for the cost of the calibration. 4 ;
i I
{ ARTICLE V1
1
REGULATION OF WAST1N 30. CA10ACTERISTIC6
I
6.1. Dentonls lower ose ordinance. Denton must receive,
treat, and discharge wastewater in accordance with Federal and
state laws and applicable regulations imposed by Federal and State
agencies. To insure compliance with these laws and regulations, y
Denton has enacted a sewer Use Ordinance or "SUO," a copy of which
is attached hereto as Exhibit C. To properly regulate the
wastewater discharges received by Denton from the District, the
following provisions of the SUO shall apply to this Agreement: t.,
Sao. 15-132. Definitions.
Sec. 25-133. Administration.
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Soo, 25-136, Determining the Character and Concentration
of Wastewater.
Sec. 25-160, Discharge Prohibitions.
Sec. 25-161. Hazardous Metals or Toxic Substances.
Sec. 25-162. Discharge of Waters Not Containing Sewage.
6,2. Application and interpretation of $ 0 Provisions. The
provisions of the SUO applied to this Agreement shall be inter-
preted to apply as followsi
(a) A "prohibited" or "unlawful" wastewater discharge
shall mean that the District is contractually pro+
hibited from making such a discharge into the Dent
Of
system.
(b) Any provision which relates to or requires a discharge
permit, shall be interpreted to apply to the District
and its discharges without regard to a permit.
(c) "Major Industrial/Commercial User" as defined in
section 25-1320 shall have the vieaninq as defined in
this Agreement,
663 Awendaeats to /004
(a) The parties recognize that federal and state laws and
regulations concerning wastewater treatment and discharges may
periodically change during the term of this Agreement, requiring
revisions in the BVO. It is the intent of this Agreement that the
SUO be reviewed periodically by Denton and revised in accordance
with the latest laws and regulations of federal and state agencies
PAGE 11
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having jurisdiction over wastewater treatment and discharges.
(b) Denton shall give written notice to the District at
least 90 days prior to the effective date of my amendment of the
SUO that amends a provision of the SUO that applies to this
Agreement or that adds a new provision to the SUO that Denton is
required to apply to wastewater received by Denton under this
Agreement. The District shall be responsible for giving notice of
the proposed amendment to any of its Participating Members affected A
by the amendment. Upon the effective date of the amendment to the j
SUO, it shall be considered an amendment to this Agreement or*
shall be attached to Exhibit C, showing the amendment made:
Failure of Denton to give the notice required herein shall not,
however, relieve the District or any Participating Member from the {
responsibility of complying with the amendment as of the date it
I}
becomes effective.
6.4. Xenberls fretreataent service Progran.
(a) The parties recognize and acknowledge that for Denton
to properly treat and dispose of the wastewater received under this
t,
Agreement, it will be necessary for aajor industrial/commercial
users of a Participating Members system that will be discharging
its wastewater into the Denton system to have an established
pretreatment service program in order to satisfy the requirements
of State and Federal laws and regulations and the requirements and
! conditions of Denton's wastewater permits.
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(b) The Executive Director of Utilities shall not give the
written approval required by this Agreement to serve a
Participating Member If the Member has any major industrial/
commercial customer which requires wastewater pretreatment until
the Member has established a satisfactory pretreatment service
program.
(c) Participating Member may establish its own pretreat-
ment service program or contract with another party to provide for
all or part of the required program for the Member. If the Member
establishes its own program, it must be approved by the Enviror*
mental Protection Agency, or its successor agency. If all or pars
of a pretreatment service program is to be provided to the Partici-
pating Member by an entity other thaas Denton, the pretreatment ser-
vice program must be approved by Denton as a condition to beginning
and continuing the discharge of any wastewater into any system that
will be received by the Denton system.
(d) If requested by the District, Denton will contract
with the District to develop and administer pretreatment service
for any Participating Member. ' JJ
6.5. Notice of Violation. The Executive Director of Utilities
shall send written notice to the District if he determines that a
Member is failing to provide a satisfactory pretreatment program or
a discharge by the District is in violation of the BUD c- this
Agreement. The notice shall contain the followings
(1) the nature and description of the violationf
PAGE 13
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(2) the provision of the SUO or. of this Agreement
t violated;
(3) the corrective action that must be taken; and
(4) the time in which the corrective action must be taken.
Denton and the District shr_tl cooperate to determine the source
of any wastewater discharge violation and agree to cooperate in
Ih remedying the violation, but the District shall be res
insuring that the violation is responsible for
properly and timely corrected. The
Districts failure to have the violation corrected in the time
i
specified shall be a breach of this Agreement for which Denton may 1
terminate this Agreement. The District agrees to pay Denton the
costs Denton incurs in the investigation of an L
discharge violation. Y wastewater
ARTICL' VII
RATi8 AUD MILLING i
7.1. Apgliaable Rate.
The District shall pay Denton for the i
metered wastewater received by the Denton system at the rate E
established by the applicable Rate Schedule approved by ordinance
of the City Council of Denton. The initial Rate Schedule is shown
in Exhibit D. The rate charged the District shall always be just
and reasonable, without unlawful discrimination, and consistent in
application to the class and type of service provided the District
under this Contract.
The rate charged the District shall be
developed in accordance with the methodology used or approved by
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PACE 14
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the Texas Water Commission and shall include the cost of operation
and maintenance, depreciation, a return on the applicable rate base
equal to the interest on outstanding wastewater system revenue
bonds, plus one and a half percent interest (1.5f), and other
reasonable expenses. The District shall have access to all data
used to calculate the rate charged and the District may review and
comment on any proposed rate changes.
7.2. Amendment of Rate. The rate charged the District shall
i
increase or decrease in accordance with any amendment to the Rate 1
Schedule applicable to the District, as approved by ordinance of
the City Council of Denton. At least ninety (90) days prior to th'
effective date of any proposed amendment of the rate charged to
District, Denton shell send written notice of the proposed rate
amendment to the District. If Denton fails to give written notice
at least ninety (90) days prior to the effective date of the
amended rate, the amended rate shall become effective, as it
applies to the District, on the ninety-first (91) day after the !
I
written notice is sent. Upon amendment of the applicable Rate
Schedule, Exhibit D shall be amended by attaching a copy of the
amended Rate Schedule.
i
7.3 Billing and payment.
(a) Denton shall bill and the District shall pay for the
wastewater services provided for in this Contract, in accordance
~.J
with the procedures and requirements of the applicable Rate
schedule and ordinances of Denton, except as otherwise provided in
PAGE 15
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this Agreement.
(b) Denton shall bill the District monthly for the oar-
vices provided and the District shall pay the bill within thirty
days of the date of mailing.
r
(c) If the District disputes the amount of any bill, it
shall still pay the bill. If the
parties agree or a court decides
that the District was incorrectly billed, Denton shall credit that
I
amount to the District on the next monthly bill or bills.
7.4 Corrections in Billing.
(a) If a meter completely fails or the percentage of
inaccuracy of any meter is in excess of five
percent, the amount
billed to the District shall be corrected for a period of time
extending back to the time when the failure or inaccuracy began, if
known, but if not, then for a
period extending back to the date of
the last calibration or six (6) months, whichever is less.
(b) In the case where a meter is determined to be reading
inaccurately by more than five percent, a correction to the billing
shall be made as follows:
(1) Take the number of gallons measured by the meter
since the last calibration or six months, whichever is
least
(2) Multiply that amount by the percentage of
inaccuracy to obtain the total number of gallons not
properly registeredl
(2) Multiply the gallons by the applicable rate at the
PACE 16 k, 1
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time of the inaccuracy to get the amount to be debited
or credited, as appropriate.
(c) In the case where a meter completely fails, a
correction shall be made by using the average of the gallons of
wastewater billed for the prior three months to obtain a daily
average, which shall be applied to the days for which the meter was
not working.
(d) Any adjustments in billing provided in this section,
3
whether a credit or debit, may be satisfied immediately or made in
equal installments over the time equal to the time for which the
failure or inaccuracy was calculated.
1
ARTICLI VIII
NISCILLIMMUS
` 8.1. Term. This Agreement shall become effective beginning on
i , 1990, and terminate on December 31, 1999.
8.2. Notices. Any notice required under this Agreement shall
x ' be in writing and sent by certified mail, return receipt requested,
( postage prepaid and addressed as follows:
r Notice to Denton: Notice to the District:
Executive Diroctor of Utilities General Manager i
Utilities Administration Upper Trinity Regional Water
215 E. McKinney Street District
0 Denton, Tx 76201 P.O. Drawer 305
396 W. Main, Suite #102
Lewisville, Tx 75067 !
Y I
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8.3. Termination.
(a) ttemeaies DPOn Default. This Agreement is not intended
to specify an exclusive remedy for any default, but a'.1 such other
remedies (other than termination) existing at law or in equity may
be availed of by either party and shall be cumulative.
sz'
Recognizing, however, that the failure of either party to perform
cannot be adequately compensated in money damages alone, both
default on its part, the
parties agree that in the event of any
other shall have available to it the equitable remedy of mandamus
and specific performance in addition to any other legal off'
equitable .emedies (other than termination) which may be available.
The remedy of termination for default precluded by this paragraph
does not include and does not prohibit Denton from terminating this
j
Agreement in accordance with.section 2.3, or for failure to remedy
t
a violation under section 6.4 or 6.5.
(b) mo waiver. The failure of either party to exercise any
right of termination or their failure to seek enforcement or
performance of any provision at any time, shall not be construed to
be a waiver of the performance of any provision, or the waiver of
the right of either party to exercise its right of termination, or
I
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to seek enforcement or performance of any provision of this
{
contract.
(o) payments Due. The termination of this Contract shall
not release the District from its obligation to make payments for
services rendered under this Contract prior to the date of
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termination.
8.4 TOrCO Sajeure.
(a) If by reason of "force majeure", either party is
unable to perform any obligation of this Contract, it shall give
notice of the force majeure to the other party in writing within
r~ ten days of the occurrence relied upon. The obligation of the
party giving the notice, to the extent and for the period of time
affected by the force majeure, shall be suspended. The party
giving notice shall endeavor to remove or overcome the inability
with all reasonable effort. In no case, however, shall th#
District's obligation to make payments for wastewater already
delivered to Denton be suspended.
(b) "Force Majeure" shall mean acts of God, landslides,
lightning, earthquakes, hurricanes, storms, floods, or other
I
natural•occurrences; strikes, lockouts, insurrections, riots, wars,
or other civil or industrial disturbances; orders of any kind of
the Federal or state government or of any civil or military
I authority; explosions, fires, breakage or accidents to machinery,
lines, or equipment, or the failure of the system or water supply
system; or any other cause not reasonably within the control of the
party claiming the disability.
s
B.S. Liability and indemnification.
(a) Liability for damages arising from the reception,
transportation, delivery and disposal of all wastewater covered by ~
this Contract shall, as between the parties, remain with the
s
PAGE 19 'r
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District until delivered into the Denton system at the Point of
Entry.
(b) The District agrees to hold harmless and defend
Denton, its officers and employees, from any claims for injuries,
damages or losses that arise from any act, omission or negligence
of the District, its officers or employeeo, arising from the
performance of this Agreement. Denton agrees to hold harmless and
defend the District, its officers and employees, from any claims
for injuries, damages or losses that arise from any act, omission
or negligence of Denton, its officers or employees, arising frd6
the performance of this Agreement.
8.6. Subject to Lave and Regulations. The Agreement is made
and shall be subject to the laws of the United States and the State
of Texas and all applicable regulations or rules of any regulatory
i
authority having jurisdiction of the subject matter of this i
Agreement. l~
8.7. Severability. if any provision of this Contract is by any
couri held to be illegal or in conflict with any law or regulation,
t'ie validity of the remaining provisions of this Contract shall not
be affected, and the rights and obligations of the parties shall be
construed and enforced as if the Contract did not contain the
particular provision held to be invalid.
8.8. Assignment. Neither party shall assign nor transfer in k
whole or in part the rights and privileges granted in this Contract
without first obtaining the written consent of the other.
3
PACE 20
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8.9. Entire Agreement. This contract embodies the whole agree-
ment of the parties. There are no promises, terms, conditions, or
obligations other than those contained herein. This Contract shall
supersede all previous communications, representations, or agree-
ments, either verbal or written, between the parties, and all
modifications of this Contract shall be in writing and approved by
both parties.
8.10. loadings. All headings in this Contract are used for
convenience only and are not intended to define or to limit the
scope of any provision.
The parties' authorized officers have executed this Agreement
in multiple originals as of the date given above.
Signed this the day of , 1990.
I
BOB CASTLESERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
.a ,
BY:
j APPROVED AS TO LEGAL FORM:
DEBRA ADAM DRAYOVITCH, CITY ATTORNEY
BY:
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UPPER TRINITY REGIONAL WATER
DISTRICT
BY:
PRESIDENT
BOARD OF DIRECTORS
ATTEST:
SECRETARY. BOARD OF DIRECTORS
APPROVED AS TO LEGAL FORM:
ATTORNEY FOR THE DISTICT
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EXHIBIT LIST
Exhibit A, Master Plans for Members
Exhibit B, Points of Entry
Exhibit C, Denton Sewer Use Ordinance 4
Exhibit D, Current Rate Schedule
work\29060\6\28\90
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CITY
COUNCIL
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30 p, M. 1
# 5
CITY COUNCIL REPORT FORMAT
f""'• TO: Mayor and Members of the City Council
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' FROM, Lloyd V. Harrell, City Manager
SUBJECT: After school Action Site Program
RECOMMENDATION:
Receive an update on the After School Action Site Program. t
SUMMARY_
With the addition of the new CDBG site at the Martin Luther Xing, Jr.
i Recreation Center, there are no changes that are proposed in the
program except making it more flexible to award scholarships.
BACKG_
Request for information from Council Member Gorton.
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j PROGRAMS DEPARTMENTS OR GROUPS AFFECTED:
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? N/A
FISCAL IMPACT: i
N/A
RESPE FULLY SUBMITTED: +
a I
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1 V, Har a ~I
Ci y Manager
N~
Pr red b
Name Steve Brinkman
Title Director of Parks and Recreation
4 A r ved:
Titl
pia .c.y
3 e![ +~e
CITY of DENTON 215 E. McKinney ~ Denton, Texas 78201 j
{
M E M O R A N D U M
f
T0; Betty McKean, [executive Director for Municipal Services j
and Economic Development !
PROM= Steve Brinkman, Director of Packs and Recreation
DATES June 13, 1990
SUBJECTS After School Action Site
Regarding concerns expressed about the After School Action Sit* program, I
vould like to report the followings
In 1988 we changed our registration date for the Action
Site e program to May because of participant concerns that they
Site not
have enough time between August and the start of school in September to
make other arrangements if they did rot get into our program. It was
strictly N public relations response since many parents recommended a
may sign-'.p so they had a firm commitment before school let out in the
spring and would not then miss a summer registration uue to vacation.
The extra time also gives us adequate time to work on reviewing
applications. and signing people up for scholarships and allows us to
u; determine where we may need to do more advertising if we have a shortage
of kids at a particular site.
1
scholarship requests from ASAS participants usually sun betweci 10 and
15 per year. In 1989 we had 15 individuals request ASAS scholarships,
1 and all 15 were awarded. we earmarked $2,500 for these scholarships and
disreceive a
count off
dthese 15 iscount which is approximately hap40recipients
$20ntper 1,980 month for
the normal price.
( In order to make the registration as easy as possible for children on
the free lunch program, wo hold live spots open f c e%?e week after the
option of
normal registration date to assure that they have the
registering during a certain week rather than one specific day. In
addition to providing the extended registration, we also allow unlimited
site out
the each
access to 40
DISD bfree olunch
or seligible ip for at
requirement thatptheefamily discounted
program.
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The only reason we would ever turn down a scholarship request would be
if a particular school site was already filled to capacity. Due to
state requirements shown below, each site has a specific limit for
participants. We do fill the slots on a first come, first served basis,
so simply because a child has financial need does not automatically
allow him to pass others on a waiting list and reserve a slot.
i
Allowable i
Site maximum 1989/90 Sign-ups 1989/90 scholarships
MLR 34 N/A N/A
%woof Evers 35 35 8
Denia 35 34 1
Houston 35 35 0
McNair 34 23 0
Rayaor 34 34 4
Lee 35 33 0
Wilson 34 34 0
oinnings 34 33 0
Bodge 34 20 2
We are scheduled to appear before the City Council on August 7, 1990, to
discuss budgetary issues. it was intended to review at that time our
allocation and philosophy for action site scholarships since these are
subsidized right now through our Recreation Fund. I would be glad to move
that discussion to an earlier date on the city council work sessiono it was
our hope to indicate that since the MLx site will now be funded by the CDBO
program, we feel we can continue to handle all other scholarship requests for
all the other sites out of the Recreation Fund budget. We think the requests
will remain in t►e 15 to 20 range per year, but we recommend that the maximum
number be flexible that if more apply we can handle them. This, of course,
is limited by the amount of revenue generated by the AS48 program because this
program was set np to be self-supportinge
We have entirely different circumstances for the MLK site since it is funded
by the CDBO program. CDBG has their own federal guidelines for how much
subsidy they can provide and could give out scholarships that are 100 percent
of the program cost to a participant based on need. CDBO will pay us the full
cost of the site administration and will collect fees from each participant
based on their guidelines.
Steve Br n man y
ADMOD638
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1990-91 AFTER SCEOOL ACTION SITE REGISTRATION
(as of July 13, 1990)
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Maximum Scholarships No. on
No. Enrolled Number Requested Awarded** Waiting List
MLR ASAS* 0 35 0 0 0
Borman ASAS 14 35 0 0 0 `
I ' III
Evers ASAS 35 35 4 4 1
Ginnings ASAS 34 34 0 0 9
Hodge ASAS 3 34 0 0 0
Houston ASAS 35 35 0 0 17
Lee ASAS 21 35 0 0 0
McNair ASAS 10 34 0 0 0 {
Rayzor ASAS 34 34 1 1 12
Wilson ASAS 35 75 0 0 29
Totals 221 346 5 5 64
A total of five scholarship requests have been received to date, and we expect
to award somewhere between 1S and 20 requests at the nine existing sites.
*At the MLR Bite, the CDBf1 program will assecs the family's ability to piy
based on federal requirements and then charge the child accordingly. We will
ii start registration for the MLR site sometime in August.
**It must be noted that any of the participants already enrolled may ask for
i scholarships at any time.
ADM00734
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Aid Information
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Denton Parks and Recreational e School l Action Financial
AE
Site
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Schol~sht~
limited
Parks and Recreation Department has a number of partial
scholarships available to eligible applicants foe the After School Action
res
Site. This financial available tot each omeet$ niitsASAminimum
based on space
enrollment foe the schol year. Any recipient of an ASAS Scholarship would
pay the 115 registration fee and a reduced payment plan as follows:
February $30.00
September 30.00 Match $20.00
October $ 130.00 April •70.00
November $30.00 May $30.00
December $20.00
January $30.00
E1i9ibilitY
District Iarethelunch
Any family who qualities tot the wtonIdependentSchool
program is eligible to make application
program, All applications which ate approved for financial assistance will be
verified with
assistance will be0used in theidetermination ofescholarship awardsior financial
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Confidentiality
The infatuation that is provided will be treated confidentially and will be {
used only for eligibility determination and verification of information.
Pinanctal Aaaistance on
Financial for tParks98and0 Recrea'tloneadepartmente
available after May UP 19890 ~
i 321 McKinney, Denton, Texas 76201.
Applications may be submitted to the depattment anytime throughout the school
year. tt is to the advantage of applicant to make early application for
financial men assistance,
ASASehastboon met, once this occurs& applicationdemayntbe
minimum enrollment
approved only ollly for scholarship requests for sites with available spaces.
For further infatuation contacts
Brenda Burtone Children's Program Specialist 1
at 566••82704
RZCR0261
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' CITY OF DtNTON
PARIS AND RECREATION DepARTMENT
Application for Alternative Payment Assistance
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the participant
This form should be copletebe completed for each participant
patent/guardian. One fotA must information will
linancial assistance. All
t seeking Return this form to the Civic Center, 321
confidential. 76201.
McKinney, Denton, Texas
Type pt Program/Activity:
~ Time:
Location: Age.
participant's Name:
City/State/Z
Address:
1
Phone:
Total cost of the program/activity
Eoa much Of the total cost can the family pay?
Parks family previously caceivad financial assistance from Dantan
If yes, what year?
gas the
?or what program/activ ty?
Names and ages
Total number in household
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Occupation:
Is father of guardian employed?
Supervisor's Name:
Imployer: Phone:
tmployer's Address: Occupation:
Is mother or guardian employed?
Supervisor's Name
tsployef: phone:
tmplayec's Address:
pasily income (Yearly) - check one:
20,000 to X25,000
$0 to #7,500 ,$12,000 to $15,000 - 25,000 to 30,000
7,500 to $12,000 W,000 to #20,000 . j
#30,000 i up
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Nr:G.o'kluyW JkPr2'."u1'iFaA~iw al.~,l rs'w+.. ! I
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Please state family circumstances which might help in thet
consideration of this request:
E
The department encourages participants applying for financial
assistance to also investigate the possibility of becoming a
volunteer and/or allowing the department to arrange an alternate
payment plan. We understand that not everyone will be able to
votarceer, and we want to mace it clear that this will not affect
the outcome of your assistance request.
i I
May we contact you about the possibility of participating in our
volunteer program? yes no
Name of person completing this form: `
City/State/zip: !
Address: -
Phone:
ate?Y with the understanding that I
this form accurately ,
have completed
additional proof of income may be required. INCOMPLETE FORMS WILL
EE CONSIDERED.
I ~Signatucet Date:-- ,
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Denton Public Schools
),AF.CTOA Or rooo SERVICE kc
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.EV*Ca •ExJS '5.^2
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4 Dler Oarant or CuJr li an, MY buy lunch
II 'he Denton Vnd eOendent Scnoot Distr'ct 5er.es nutritious TOM'S everyschool day' Students
Sen001s. Breakfast is S.SSin the d Nnea Elementary
for 31.10 'n She E'ementary 501001% and 31.15 +n .ha Secondary lete
Scneols and 5.65 at t" Junior Higns. Children from r,0useholds that meet federal income 9u1
eligible for tree Teals or ienucid anei~aTenls at the $ee wool lunch and 3.10 for Orea4fast, to apply, OOeq
the ancloned application, s 9
FOOD STAIPfAFDt ld ors if you currently receive Food St+lros or "Aid to Families wief. Dependent Chi drew
cave to list your child's name and Food Stamp or AFDC case number, print your nw,
au on y Ives incase Information to the *elfare o}fiu, the school
ar your cn d, jication. Sinu YOU nave already 1
and sign the a9P your
can confirm your eligibility
ALL 01 11 r1 a ;Heals. To apply for meal Denefits you must prov do the Is n your yglDSt it your household income is At or below the
tenet Sham the enclosed s c
e or eltncr free or reduud P live in
nts + your household.
eh a e 4
and unrel Sited 1e ,Cho
following informat ion and s1 n the c (1) 112' the
any dealt d0esvnotshaw a 5°°3a
InC1uN parents, grandpare,
and lf unt of income ,ESuc deductions for
retirwnent,
~1) list the Sacial Security Number of each adult monthly 21 0"
1 list total monthly
h security Number • print "None". l1
taxes, Sac Ul security, etc.) each person received last month and where St eanle from, suC as *agea,
taxes, ate. if You have a household member t0r Whom last lgnth's income was higher or lemur than uwel,
list the person's expected average monthly intake.
may be chec48d by schodl Officials at eny time during the
E VEltIFlCJ1YfON1 The Information on the application
4 sc Ye+*
If you lest income i n and your child is Proved for meal benefits, you must
}~Tl1rr year) or whon your
r more per month (5600 Ref
CIMII(afS
s creas a t scnoo IS your household income i nrHes by $50 p of
toeypWdsc lOOT e 0 4 a I . F° you Selamist st I Fooood StamPYCOSS nulbs' or no longer receive to AFDC nutaber, You cost tell the schoe
eligible for meal Denefits. If you wish to apply fat meal beetits
FNT1131 WI(As Your foster Child may be with the +benefition.
or • ester child, Contact the school for help
rams, no child will be discriminated against because as children
KpISCRINI1NT10Nsthin the op ration voffchildrfeedingCo gCltmyou bbelifeesyouahaveaboontdiscriminsted 898101t,
° gay or mee s. In a e Or nand p
of rem, sax, eolOL~ maticnai
.tary r of Agrleulture, 'WasM ngtOn, D.C. 10150. f
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write immediately tion or the result a} verification,
by
FAIR AWIIIGa it you do agree kith the school's decision on your a0DelecT>t le h or ca111nq can be dome at P . 0. Sos 2367 - Denton,
you may Th to 4i Scufs (t with the Wool. You also ~Lve the right CO J file hHrin this 7- dome
eriting Or. Robert T. Newer Superintende^
treated a0ntidential!y and will to used only for 81191•
CWIMOIALLYs The inrW400n you Prov+de wlN be
p ty dKerm nation and +erlfication data'
IUT10Ns You may apply for benefits any time duri gthe school YO time'f yoU are not eligible sae but
ne~eLt~o apTI later In the yearn Dl ea se f41t out sn a0P
of denied-
IS approved
Atli be notified *Mn the Application
you
Elizabeth ewfFood S*rvltd Director
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VERIFICATION I ELIUMIL11 Y '
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TEXAS Civic C•ntot/ 321 E. McKlnner/ Denton, TX 70201
CITY of DENTON,
M E M O R A N D U M
TOS Betty McKean, Executive Director for Municipal Services
and Economic Development
FROMs stave Bcinkman, Director of Parke and Recreation
DATEt may 10, 1989
SUBJECTS After School Action Sites
The YMCA has asked it we would like to turn the operation of the after school
I
program over to them to operates we tesl that at this time it is being run '
both efficiently and effectively by our staff and can see no benefit in
turning this operation over to theme There are numerous reasons why we tool 1
the City is the optimum manager for this program and these follows j
t
1) Cost of the Procram - At this time, the after school program is i
completely self-supporting. The Denton independent School District i
provides the facility at no cost, and the monthly tee we charge f
covers all staff, supply, and equipment costs. We have one
full-time staff member who coordinates this pcogram, and her salary
is completely paid for out of these fees. She is certified by the
State Department of Numan services to oversee and manage the nine
sites that are in operation.
2) 3M do we run this flrogram? - After a Human Needs Study in 1983
indicated that the number two issue in Denton was a concern about
the availability of after school care, and after some concern about
latchkey problems was brought to us by DIED, we started a pilot
program to try to address the problem, first at one school site and
then at three. Since it proved to be popular, we expanded to all
elementary schools in the fall of 1998. At the time we started a
this, there was no one else providing alter school care except day c
care/nursery schools, and they all had long waiting lists for after
school care. There were also concerns from parents about not
wanting to have their children transported from their school to
another site for after school carte At about this same time, DIED w
constructed the activity rooms onto their elementary schools, and
they became available fot after school uses our joint use
agreement with DISD allows us to use these facilities at no charge,
t/Yalio"l W OU tIJ&4cjWt of a 0'
Denton forks and Recreation / Denton, Texas I (f 17) iAt•sl70
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page - 2
f 3) Mission - Because this activity is recreational and is offered to
the community as a whole, we feel that this activity meets our role
of providing leisure services in the community.
4) Children's Program Area - Our Children's Program Specialist is a
position that is responsible for a wide range of children's
programs and activities. The position# as msntionedo Generates its
salary from the fees and charges of a variety of programs. This
` ^m position also coordinates all of our summer day camps and an
assortment of special events, if the after school program were
given up, this person would not have enough revenue generated by
the other programs$ and we would lose a coordinator for our other
children's activities and camps. This would then increase the cost
of the other activities or make them cost prohibitive.
S) DISD/City Cooperation - The after school program is an excellent
example of two public agencies working together to provide a
critically needed program at a reasonable cost to the community,
we are able to get the facilities at no cost because of the joint
use agreement between the City and the School District. We also
provide DISD with City facilities at no charge. If another entity
took over this role, the School District might have to charge a
rental fee, thereby increasing the cost of the program.
61 State L[censing - The Children's Program Specialist has to be able
to be licensed by the State Department of Buman Services. They
also have to make sure all of our sites meet the State guidelines
and limitations. Another coordinating agency would be hard pressed
to keep up with these guidelines. We have numerous years of
experience working with the State of Texas in this area. {
7) §valuation - All of our past evalua*.ions have indicated that the
patents of the participants felt that the City was doing an k
J( excellent job running this program. Since it took a year or two to
work out all the bugs in the program, we feel that a transfer to
another agency would create start-up problems that we will not have. 9
8) Resources - Because this is a City program, we do allow these
participants to use numerous City recreational facilities at no
charges After school participants also use gymnasiums and athletic
fields for tournaments, etc., at no charge. The YMCA does not have
out span of facilities and would be hard pressed to offer these
activities without a charge for their use. The City also has
numerous vans for transportation so theme kids can take field trips
and attend special events.
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9) Coai amparison - We have a $50 monthly charge for our program, and
R is offered at nine locationss in comparing our program cost to
other YMCA managed programs in the metroplex, we cosy out much less
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expensive. We feel that there would be a large number of people r
who could.not afford these increased rates,
Dallas YMCA $108,00 per month
Dallas YMCA (scholarship) $ 609J0 per month
Richardson YMCA $112.00 per month
Fort Worth YMCA $100.00 per month
. may,
City of Denton/DISD $ 50.00 par month
city of Denton/DISD
(scholarship) $ 30.00 per month 1
Denton YMCA $112.00 per month
10) Registration - We schedule our registration in the spring of each
year which allows a person to sign up for the program approximately
four months before it starts, They than have a commitment from the
City which guarantees their child s spot in the program for the
entire school year. An unlimited number of children on the free
school lunch program are eligible to sign up at this time at the
normal fee. Even after the normal registration, we reserve five
additional spots at each location for children on the free lunch
program, These spots are than held open for one more week, and
anyone who qualifies for the free lunch program is eligible to {
register up until that later date, again at the normal fee. Ne do
i allow individuals on the free lunch program to sign up at the
6 normal registration, and we hold these additional five spots to
assure that anyone on the program who misses the registration has
an additional week to sign up. This is an availability assurance
issue.
1 11) Scholarships - The department is very open to the needs of those
she are economically disadvantaged. There are people who receive
reduced scholarships ($20 per month off) once the minimum
enrollment of 270 students has been met, This number is the
minimum we need to generate our budget and has never been a problem 1
because we usually exceed this minimum and have waiting lists at
numerous sites. After the initial registration, we fill {
scholarship requests as they are needed and as they are available,
We are only limited by the number of spots the state allows per
site. Once a site fills up during registration and we hold it open 1
an extra week for free school lunch participantso we then fill the
slots from a waiting list. If there are slots still open after the
waiting lists have been exhausted, we then can award scholarship
slots when we hit our minimum of 270. The Dallas YMCA has a $60
per month charge for scholarship students which to still higher
than our normal rate to the public and $30 more than our
scholarship rate, one option which we will present at budget time
will be a scholarship fund that would allow numerous scholarships
to be awarded before the registration process takes place. This
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se individuals with special economic
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would also make it possible to fund full scholarships
would needs, make It it easier for th would pay no tae at alle
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where the pacticipsnt wou
17r 1989r recommended that the
The peck Board at its meeting of Aprril am in cooperation with DISD. Attached Prog
department continue to mana9snd as repot on the programs
are minutes from that meeting
e
Steve Brinkman
Attachments
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S M
DENTON PARKS AND RECREATICN OEPARTMENT'3
AFTER SC400L ACTION SITE PROGRAM
1. Introduction
A. Recreation Programming;
Denton Parks and Recreation Department's After School Action Site
Program offers after school recreational programming to kindergarten and
t elementary age children at each of the nine elementary schools in the
city of Denton, It operates Monday through Friday from 3pm to 6pm,
according to the school calendar. This program fosters leisure and
recreational education and development. Children are given the
opportunity to develop, experience, and expand their interest in arts,
crafts, music, outdoors, drama, sports, and the community in which they
live, all in an atmosphere in which a child can participate in making
choices about his or her own level of involvement.
Be Latchkey Childrens
The Denton Parka and Recreation Department's After School Action Site
program also addresses a national concern of the 'latchkey child'.
Latchkey children are children who go home or elsewhere after school to
an unsupervised environment. The typical 'latchkey' child comes from a j
white middle class home where neither parent is available from ape to
6pm to supervise his/her children.
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i2. Background information I!
A. Needs 1
i
i 1) Human Services Needs Study
i
in 198?, the City of Denton conducted a Human Services Needs study
that identified a critical need fot after school care in the
community for children under the age of 16 who were left E
unsupervised after school. Residents surveyed stated they were (a)
unaware of after school programs, (b) unable to use after school
programs, or (c) had problems in using after school programs. +
8. Pilot Programs
1) The After School Program was developed in response to the 1983
Human services study. Earlier, a pilot program called Leisure
After school Site opportunities (LASSO) had begun in 1981-82.
Following the survey, the program was renamed ASAS and increased
from the one elementary school in 1981-82 to three elementary
schools in 1982-83, to six sites in 1983-84, and finally to nine
ASAS sites in 1987-88.
i
C. Cooperative Agreement Between City of Denton and Denton independent
School Districts
The City of Denton and the Denton Independent School District signed a
cooperative agreement to share City and School District property on
December 24, 1983. The Major purpose of this agreement was to provide
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An adequate progtam of education and leisure related activities that
would achieve a service to the community with the least possible
expenditure of public funds. Under this joint use agreement, the School
District provided the facility for the ASA$ program, and the city
provided the staff and supplies4
rIr. Statement of After School Action Slte Ftogrem/coals
A. For the childr
1) Provide a safe, professionally supervised environment after school.
2) Provide quality recreational experiences and enhancement of leisure
skills.
s
3) Develop the ability to express '.,)oughts and feelings through
activities such as art and drama.
1) Develop physical aki]ls and coordination through games and sports
activities,
S) Develop basic, self-reliance skills and decision making skill
through opportunities for choice.
M 6) Provide opportunities to have fun,
i
7) Provide opportunities to experience socialisation and democratic }
living process,
es For the Parenti 1)J
1) Reep the monthly fee affordable. {
2) Provide a scholarship program for those unable to pay for the
service.
` It Insure to each parent the safety of their child,
1) Ensure quality leisure service experiences for their child. )
Ce for the School Districti
1) Keep the cost of their co-sponsorship to a minimum, 1
2) open up public facilities during non-school use,
De Pot the Parks And Recreation Departments i
I) Promote recrestton,
2) Run the program on a self-supporting baaise 1
3) Develop attitudes for future adults which support quality of life
issues, i,e, W cure, open space, bond programs, etc, t
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IV. After School kcelon Site Program
A. To meet the goals and objectives of ASAS, the program is planned to
include a variety of structured activities and program enhancements.
Meekly program plans are developed by Leader It's and Leader I's and
submitted for review to the Area Coordinator.
Each program day is divided into 'beginnings, middles, and endings',
weekly calendars foe each site reflect the unique cha'acteristics Ind
Lnterests of the children attending the site and the interesta, skills,
and knowledge of the two staff leading the program at each site.
on-site and off-site programming have includedt
1) Arta and Crafts Activitiest
ASAS paCtic[pante have entered the Children's Pages act contests
Selected act work appeared in the book.
1 '
in 1989, a grant regcest was made for $10,000 to the Texas
{ Commission on the Arts to fund the puppetry program for ASAS Bites.
2) Organized games.
sports.
1) Drama.
~ S1 Music.
L) Dance.
1) special Theme weeks:
t
Chinese yew Year, Animal Antics (speakers from Animal Control),
Dinosaur$$ Indiana, Space, Hawaii, Animal Pet Parade, insect week,
Olympic Week, Vacation week4
a) Nature/outdoor Activities,
9) Holiday Parties.
10) The '1 Can Do 1t, Too' Program offered by Camp fire, tnc.
11) Courthouse Stocking Project
CountyenCOUmade Stockings Cthouees The pro'ova~° was
t the staircase at nenton
t coordinated with the Denton County Historical Musews, j
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12) Carpet Rides - Cultural arts program presented at the Center for
Visual Arts, co-sponsored by Parks and Recreation And the
Univeraity of North Texas International student Association.
13} Vagabond Marionettes - The Atlanta-based marionette company ~
presents live entertainment, The productions most recently brought
to Denton by Packs and Recreation were 'Jack and the Bean Stalk',
'Pinocchio', and 'Aladdin'. This year's production is 'Cinderella','
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111 Field Trips - Each site may take one field trip each month us09
tha department's vane/vehicles, Tripe have included visits to
Gainesville Zoos Center for the visual Arts Meadows Gallery, Denton
County historical Museum, T-Oft Golf, Brunswick BowlLng, Spinning
Wheels skating Rink, Godfather's Pitta, and Domino's Pitta to make
their own pitta, Swenson$# Tandy Leather Company, Avondale Perk,
Martin Luther Klnq, Jr. Recreation Centec, Not .h Lakes Recreation,
Center, and Denton Airports
16) Field Days - Sites will visit other sites to participate in field
day activities.
161 Handicapped Awareness Week - The focus is on handicapped people and
includes film and visits with handicapped individuals,
111 Mactial arts demonstrations.
a
18) Visits to retirement homes and other intergenerational activities, {
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V. Standards 1
As Texas Department of Human Services
M 1) The ASAS is licensed by the Texas Departmentof Human Services aned
` meets state requirements for child care. ach II to meet requirements of standards that address the lollowingf
a) Organisation and administration of the programs
b) Personnels Director qualifications, staff qualifications, t
}
erasnin4, slat! child ratio,
o) Building, groundA, and equipment#
d1 rise, sanitation, and safety.
e) Physical health.
I 9, Par'ce and Recreation Department/City of Denton Standards F J
1) in addition, it is required to meet safety and program standards as
set by the City of Denton and the Parks and Recreation Departments
In many instances, these standards are higher than those set by {
TORS. for instances the Texas Day Cate Center Minimum Standards
requite a staff ratio of l to 24, Parks and Recreation rsquices a {
maximum ratio of two staff to 31/35 children at each sites Each
site has two leaders signed to work at the site regardless of the
number of children actually registered or attending the site for
any specific day of the week. Field trips will often requite three
staffs
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21 ASAS Licensingi Tech site is licanaed for either l4 or 3S
children. The number is determtned by room sixe, apace, outdoor
play space, and the number of lavatories and toilets at the site.
ASAS Site Maximum Number of Children
Evers 35
Denia/sorman (masts at Denis Recreation
Center) 35
Houston 35
McNair 34
Er Reyror 34
Lea 35
+Ii1aon 34
Oinnings 34
Hodge 74
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vie Staffing
salaries/wages for all staff directly related to the Alter School Action Site
Program are paid by fees generated by the program, All part-time seasonal
! staff have had a minimum of one year of college plus experience in working
I with children, Texas Woman's University and the University of North Texas
both offer curriculums in recreation in the undergraduate and graduate
level. Many of the ASAS staff are students enrolled iii the recreation
programs at UNT or TWU or are students in the fields of education or early
childhood development. There are 23 part-time positions and one full-time
professional post ion in the ASAS program.
As Children's Program Specialist (Recreation Specialist t)j
The After School Action Site Program is undvr the supervision of a
full-time Recreation Specialist/Children's Program Specialist, This
professional position was approved for the 1986-87 budget year and was f
filled 2or the first time in January, 1987, The Children's Progran
Specialist is listed as the director of the ASAS with TONS and must mee: I
all educational and work experience requiryments as set by TOM$, f~
as Aria coardinatocof
Two Area coordinators work 21 plus hours each week. Each Ares
coordinator is responsible for specific sites, Daily, they visit each
( site, review programs, assist with hiring and training, help to plan
staff meetings, provide supplies, monitor time shoots, receive payments
from Lealera f and lip prepare reports# communicate with staff/parents
as necessary, and ensure standards are being met, NN,
C. ASAS 8ookkeeperi
One ASAS bookkeeper works 10 hours weekly and is responsible for all !
posting of payments in administration office, preparing collection
reports, preparing monthly revenue/expenditure report, and monitoring
Parent payments,
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Dr Leader IIt
Each site is under the dittct supervision of a Leader Its There art
nine Leader It Positions. They work approximately 17 hours each week
including attending a once a week staff meeting.
1. Loader It
each site is assigned a Leader I to assist the Leader 11 and work with
children at the site. They work 16 hours each week
once a month staff meeting, plus attending a
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f. Leader I Roverst
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Two Leader I Rovets substitute at sites as needed, They are permanently
assigned to a site but report to the Civic Center each day for current 4
assignments. They work 16 hours each week plus attending weekly staff
meetings.
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04 General fund support for the ASAS includes supervision provided by the f
Leisure Services Administrator, publicity and marketing support by the
Publicity Specialist, and clerical support by the Administrative staff.
($ea attached chatt).
VII. Training
A. CPR/riest Aidl
}
All ASAS site lader@ are requited to be cortified in CPR and Picot j
Aid. The department eoordinatea training programs twice yearly to J
assist staff in retaining cutrent certification. All fees, if Any, ate
paid by packs and Rtorestion. This vest, tae Utilities Department,
coordinated by Mark Soyd, has provided CPR training in September and
again in ,January.
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as Orientation/Basic Trainingt ? ~I
All staff attend a two-day basic orientation and training oession in the 1
fall, yew staff hired after eats data are requtrad to attend a three to {
four hour orientation.
Cs on-;ninq Tralningt
Staff participate in both weekly and monthly on-the-spot training where
new games and arts and crafts activities ace introduced. Special
training with outside speakers and tapes such as *Positive Discipline
Early Childhoods by MR Training Productions are purchased ind used
whenever possible. The ASAS dicectoc (Children's Program Specialist)
participates in off-site training per requirements by TDRR.
1
0. All staff that are designated drivers for any field trips must have
comritted the defensive driving course offered by the City. j
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VIII ParliciPatlon
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' A. Yearly Participation:
(early participation in 1985.86 with seven sites was 32015). In
1987-88, pact iciPat tort Jumped to 19,679. Children served ate in
kindergarten through sixth grade.
31 Nalnstreaming:
Several children with disabilities have been mainatce:+msd lato ditferent
sites throughout the past years, Any child with disabilities who is to
be placed into a site must be assessed by the Therapeutle Recreation
semi Spec is list and recommended for placement, ASAS has provided after
school services tot children with visual and hearing impairments and for
children with developmental disabilities.
CO Reserves Spaces for Children Eligible for free Lunch Programs
in Octobec, 19860 the Parka and Recreation Advisory Board approved the
following policy for spacea at the Attar School Action site Programs
1) five spots at each site will be held for families whose children e
are eligible for the free lunch program at their elementary
schools TM.es spots to be reserved for low income families should
be held open for seven days and will bs filled by qualified
individuals on a first come, first carve basis,
3) These five spots will not be increased in the future,
3) This process will be used only for this ASAS program,
j 4) This policy should be printed in the departmental schedule of
activities,
The policy was later approved by the City Counoil, The need for the l
policy was in answer to day care center owners within Denton who
requested that the ASAS program not be expanded,
tX* fund n
The budget for the operation of the 1988-89 ASAS is well over 1100,000, All
direct expenditures are paid from the revenue generated from monthly fees and
the one-time registration fee, Annual expenditures include TeXas Department F
Of Human Services licensing tee, all personnel costs (professional (1) and Ittt
123) topow y/seasonal), supplies and squipment, training fees$ gas
inspection fees, fa s for accident insurance for the participanta, medical j
supplies, office supplies, uniforms, and publicity costa, originally$ II
subsidisation by the City's general fund allowed the department to offer ASAS
at a very low cost to participants, to the 1986-87 school years the program
became self-supporting and continues to remain so, it is funded out of the
department's special rotary recreation fund. }
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4. Feed
roes for the 1988-89 year are based on a minimum of 270 participants at
the nine sites. Also, parents arq charged an annual $15 registration
fee per chJld to offset licensing fees, medical insurance, and publicity
costs,
1
The following chart shows the increase in fees as the department was
directed to r - wet costs of the programr
Total rata
School Year Pees/Monthly tees/Annual Pot semester
Fall 1984 $10 $40
Spring 1985 $30 $50 ;
Pall 1985 820 $80
Spring 1986 $30 8150
Fall 1988 $36 $4 $148 1
Spring 1987 836 $4 $184
Fall 1987 $4S $205
Sprinq 1988 $45 $225
Fall 1988 $50 $15 $205
except for 840
in December
spring 1989 $50 $15 $240
except for $40 charged only if
in March first-time to
register for
1968-89 school
year
•rall semester has four months and Spring semester has five months,
Be Schotarshipsi
in 1986-67, the parks and Recreation Department allocated $2,104 for
scholarships in ASAS, 6laven scholarships were awarded for tht year
with two at avers, four at Lot, three at Raysor, and two at Wilson, in
1987-88, nineteen ASAS scholarships were awarded to children attending
Raysor (4), McNair (S), Lee 1110 Evers (1), Houston (I), and Hodga 161
Action Sites, Total scholarship value was $2,280 and was given in $120
grants for a nine month period to tht 19 participants. All children
receiving scholarship qualifiod for the free lunch or reduced lunch
program with D18D, in 1988-89, six applications were received
requesting scholarship assistance, Paqutsts were made for three
scholarships at Raynor, one at Houston, and two at avers. All three of
the sites were full with waiting lists by the and of the special
registration in May, and no scholarships co3ld be awarded in 1988-89,
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C. Accident Insurances
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The Parks and Recreation Department carries Day Care Accident Medical
Insurance coverage for up to 110 chlldron enrolled In the After School
Action Site program, The policy to issued by the Western Heritage
Agency through Industrial LIN Insurance Company, The premium is $11
per child,
4. Survoyl
The Parks and Recreation Department is very proactive in assessing community
and participant needs. The department conducts a comprehensive public
opinion survey every two years, participant surveys are also administered on
a regular basis to identify program strengths as well as to obtain j
suggestlons for program modification, The survey results have enabled the
department to remain responsive to community child care needs, i
As
1988 Survev j
in February, 1988, parents were surveyed to determine satisfaction with
the after school program, fifty surveys were returned, (See attachment j
for sample and results,)
xi. !lark, e_ tine j
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As Publicity - Locals
I
marketing the program is extremely important, The department'a
publicity Specialist coordinates these activities which include a
seasonal brochure, flyers, participant newsletters, newspaper
advertisementa, news releases, slide presentations, promotions at local
shopping malls, community bulletin bosrds, and presentations at the
universities.
,
38 State Recognitions
The After School Action site has served as a model in Texas for other
parka and recreation departments as well as community 4946.1"
throughout the state, in March, 1983, an article highlighting the Parks
and Recreation Department's ventures with the Denton independent School
District was printed in IMPS, the Texas Park and Recreation Society's
state publication, Numerous requests are made for information about the
ASAB program, on-site tours, and presentations at regional and atrte
conferences, Department staff have presented sessions on ASAB At the
following conferenaar
Texas Recreation and Parks society, Regions V a VI Conference, Longvtews
October, 1986. Presenters: !fancy suryanek, Community Education
Specialists Rich Dlugas, Superintendent of Leisure Services,
Association of Physical Education, Recreation, Health and Dance State
Conference, 19870 presenters Anne Lawler, Children's program
Specialist,
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h lr *exas 2ecre3tion and parks Society Annual Conference, Austin, March,
h 1988. Presenter= Beth Stribling, Leisure Services Administrator,
Texas Recreation and Parks Society Regions V i VI Conference, Grapevine,
October, 1988. Presenter: Anne Lawler, Children's Program Specialist.
KII. ALAS Summaty-
Finding after school child care is an urgent dilemma tot working parents,
Denton Parks and Recreation has responded to that need with the After school
Action site, Program by providing conveniently located, fun, recreational
programming for elementary aged children. Innovative leadership and
multi-agency support has resulted in a successful child care program that
provides supervision designed around the needs of working parents and helps
I prevent a latchkey problem. ti
Riii. Score of Children's Program Specialist
The Children's Program Specialist position is responsible for numerous
programs offered to children. All exrept A few special events Are funded 1
through user fees and all costs are recovered. The position also assists the
Leisure Services Administrator in overseeing maintenance and cesecvatlons/use 1
of the division's five vehicles and serve as backup staff to the Civic center J
Recreation specialist when he is out of the department. I
A. Children's Programs Coordinated by Children's Program Speoialisti
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1) After School Action Site - September 1-„"sne 2
Nine Sites 9 months
2) Summer Day ^:amp Program - June-August E
sunahine Rids Day camp 12 weeks
Diecovety camp 4 weeks I
North Lakes Sports Camp 4 weeks
Act Factory camp 4 weeks
` Hack to school camp 12 weeks
Before/After camp care 4 days
3) summer After School Action Site - Juno 4 weeks J
0 Rids Day Off Program, offered when school is not in session, i
7am-6pm.
Trip to Samuel farm, Novcmbec 23 l day { 1
Gobbles Galote, November 25 1 day
Holiday camp, December 19-23 1 week
December 26-31 1 wer,k
Trip to Ice Capades chalets
January 20 1 day
Whirlwind Holiday Camp,
March 13-17 1 week
Cottontail Trail, Match 24 1 day
Trip to IntcrnationIki
Wildlife Park, Match 21 1 day
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F
YA
S) 3pect41 Events/Activates
Hplloween Carnival, October
Elvis Wotkshop, December
Sugar and Spica Doll Show, 0ecember
MCDonald's Mcmodel show, !ebruary
Easter sggatravaganza, March
Vagabond Marionettes, April
Carpet aides (3), March/April
Cowboys and Cattle Drives, June t
Fourth Of July Children's Area, July
Banana pajama party, July
i County Seat Saturday-rndtan
Blanket Trade Days, September
funding for Children's Programi
rn the 1987-88 fiscal year, tevenua for all children's programs 1
supervised by the Children's Program specialist was $1320761.
Expenditures totaled $119,2590 leaving a balance of $130502,
1
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p AFT[A XMC>rX AGtI~ SIR
l 0[ITON IAAdS AND I[CA[ATION XPAAMIT/OtrTON :NXpCNDCIT XNO% OiSTIiCi
f
parts 11 lecreAtfan DeDariewnt
Ofnctor, Stare INnk•en
Sufafrln4rtdent of lefsors Services
Alicia A. Neetall
Denton Independent School at', ct lei f4
frank Fuller, Proctor of COMUnlty [duutfoa lef9l Stribling Sthtrriteli gnistrator j
no ~
OfSSi, John Wrr, Caput Level Coordinator Ch114r,
Crwunibr (ducatfon Irs IroorA~ slecfatltt Clerlul Stiff
Fronde Sort
on
/Ue11Ct_ Soecf~llst
Area Coordinator ASA$ Area Coordinator {
Dona loth bookkeeper Jody F1orMnAs
L..-._
ante lee McNair Houston
•IS•n) [revs C1nnlnoa Nodle Raytor Y111on f
1 Under I •e r
1 leader 1 low I Leader I !
Leader I lover
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ATTACyMNT5
organizational Chart
y+zan Service deeds 1983
Survey . After School Action Site
Coopsrativo Venture Article - T
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PARKS >ND RECREATMN DEPARTME`':
AFTER SCR,)OL ACTI')N SrTE EVALJAT;ON
?lease help us evaluate the Aftec School Program by answering the questions
col3w. Your feedback is needed to help is set-it you better. Please indicate
how strongly you agree or iisagree with each statement by circling the t
response which most .Closely refteets your ballet. All individual responses
will remain anonymous and will only be used in Summarized forms
t
strongly strongly
Disagree- Disagree Neutral Agree Agree Avg
1. the fee for this program g ~.b
6 was reasonable. 1..........2........3........4........
2, The leaders were well
prepared. 1..........2........3........4........5 4.7
4.1
3. The leaders watt excellent. l•••••••••~2•~' " " '3 " " " " 4 " " " ..5 1.3 `
46 The leaders were boring. 1..........2........3.......•4........5
S, The facility the program
was held in was too email. 1..........1........3........4..•.....5 2.t
64 This facility was inadequate. 1..........2........3........4..•.....5 1.9
7. The facility was clean. 1..........1........]......../........5 3.8
6. Tho facility was dirty. 1... ...2........3........4........5 1.9
9. This program was 4.2
creatively planned. 1.........•2........3........1.•......5
10. There was not enough
equipment available for
this program. 1........•.2........3........4..•.....5 2.2
11. The equipment used in this
program never worked
properly. 1..........2.......•3........4....•...5 2.2
12. 2 intend to continue my 2 4,y
child in this program. 1 ........3........4........5
136 The after school registration
procedure was easy and simple. 1.........•2........3.......•4.••••...5 3
14. My child enjoyed this
' 1..........1........3........1..•.....5
i program.
j 154 Over III . 1 am highly
satisfied with this
j 1..........2•.......1.•...•../..•.....5
program. 4.1
?lease feel free to comment further about this program on the back of this J
form.
Please return the form to the program leader or mail it to the Civic Canter, I
321 to Mcllinney, Denton, Texas 16201•
Thank you for your helpll
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Denton Parka and Aacreatlon Depattments
Aftet school Action Site
t. staff ualltications_
A. lfter School Action n ta,Denton Parks and Rocreatton Aequl:ements
1) Minimum requirements for AsAS .oadec 2 and ',eader I: position
as follows:
i
:xperience!Education: yinLium of one year of collage, plus •
experience in working with children,
g, Taxas Department of Ruman services
1) Minimum requirements for staff working with children must be
18 Yeats old or older, The Center however, may include in the
stiff - child ratio a parson 16 or 17 years old who works g
under the direct supervision of a qualified adult andr
a) his graduated from high school, or
b) is enrolled in a career program related by the Texas
Education Agency or in other state or Pederally
Approved programs. 1
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Ii. leensin l
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A, The nine otter school action sites ire licensed by the Texas )
Department of 9uman setvicss, i
Licensing requirements include the tollowingr
1) space
a) Theta must be at least 30 square east indoor
activity space %*a" red wall-to-wall on the inside,
for each child in the center,
b) lThe easten60r smust quare feet outdoors play sce
each child using thetarea
at ono time.
s, Limitation of Licensing
1) Lavato►ee
a) Asks sites are lleansed for either 11 or 1S
children. These numbers are deterainea by the
number of lavatories available to the program, TDNA
require one lavatory for every 17 children.
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ASAS S[TES
Maximum 44m64r of Children
SVara
3S
7anla (9oraann rJamantat!)
3S
9ouaton
3ayxor 75 }
Yp
.aa 34 #
'oft Iaon 3S
Ginning$ 74
34
Rouge
310
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Deaeei s .w Vlsoal An Canter is a cooperative venture between the Clty 91 11501110111 axed she fxeuer Deetoa AM Cornell.
COOPERATIVE VENTURES OFFER
BETTER VALUE FOR THE DOLLAR
By Llnd"y Stribling
PEI I
The '801 represent a decade of tightening the belt fiscally, The After School Action Slit program Is a subsidized pro.
cutting costs and getting the most out of every dollar spent gram, offering supervised care for children, Frank Fuller.
This is particularly true for city governments, and the trend director of community education for the school district, said
among city governments in curling costs is working with The parks department and the school district have sites in
other community groups and organizations to share in use five schools and one recreation center throughout the city
of facilities, work expertise and overall goals in improving The city provides the staff and supplies and the school pro.
the quality of life n the city The City of Denton is a case in vides the sites and equipment, This keeps the cost of the
point, and co-operative ventures, the name for this sharing program to an absolute minimum.
artangemeni. are the trend for the future. The after school pi )gram was created to meet a netd for
What does a coopetativt venture offer to the residents of after school activities e, d programs for families which hac
a city? Steve Brinkman. director of the Denton Parks and two parents working and children were returning to empty
Recitation Department said a cooperative venture enables homes after the school day was completed, This program
t!ie city to yet better spending value for its dollars. With the offers spoms crafts and special events each day to hundreds
support of local groups the city is able to offer a broader of eager pamicipants This program has been completely fill. f
variety of programs to city taxpayers with facilities to match, ed since Its inception and expands as the community adds
A cooperative ventures enables two different agencies or ntw elementary schools, Two leaders now supervise ap
groups the chance to offer programs for the community to a proximately 35 children at each site. The program follows
joint agretment to share facilities end work expertise, the school schedule and does not operate over school
thereby reducing the burden of costs for the programs. breaks or vacations
ultimately saving on taxpayer's dollars The Community Lebure Education Program often
Am example of such an agreement would be the Denton courses for adults and teenagers with the parks depart
Independent School District and the Denton Parks and menu programs leaning in the direction of recitations[ sub.
Recreation Department the c partment venture the with coerce the Iecit and the school districi's programs aiming loward
school district has enabled the parks a rks depa academic sub)ecis. but according to Fuller. there is no cleat
and to ones new programs. ty Leisure, After School Action Site Program separation between the two groups.
a Community he coEducation Program. both pro. Indeed the school district offers a mixed bag of progtams
grams the result of the cooperative venture including "Conversational French" "Flowtr•armrigrng "
The pint agreement that bound the school district and the, Moodwoiking" and Money Dynamics of the '80s
Parks and Recreation Department to the cooperative ven• i
lure programs basically provides for a reciprocal facility use The direct cost for the programs is supported by Iwtion
between the two fees Fuller said and the indirect cost, for Fullet's lob for in.
20 MAPS MACH ANIL 15
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Denton hello and Recreation artd Denton Iswnt school
Distinct loin lotus In Alta School Actlon Silt lroVam.
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stance. comes from surplus tuition. the local tax base and a e •
t
state giant
Fuller said he is Pleased with the cooperative venture bar
rams nl. 'It ve%
the Darks depa
wetn the school district and i sa - •
,
the action Pro'
money, ht's the best use of the tax dollar, and
grams add continuity to the lives of the children." he said '
Cooperenlve ventures offer a wide range of possibilities fa in.
programmers with access to new facitnes gY ern.
stance. as 'Atil as the possibility for Innovative progt ,
,ng The parks department and the school distract will be of' s
lenng an Aher School Spans Program. Ctslgned along the j tnes Of the Aner School Action 51te program The program.
xh,cs AIli 5e opsrn'o fifth snd sixth trade voyt and glris, mil
foundation, which offered 5100 f]<%1 to be matched by 'he
iiffer !Tom other sports programs n that t A'11 oktr both arts .aunt I The other offered SI g, the to Ra~zor be Canter for rte ')q I raCir.onal
SnJ non•crad r,onai sports for tee 'll IPenon , and in
edorrning Arts s scheduled for compietlon n two ;ears
contrast to 11her ,ttli Programs a mffetent lp will he PBesides !lasing the buildings to the an council for see
emQnesued every iay a running )ne day .odeybail the doilar per year per butlding the ctty pays all the utdlty cctis
'1t11. ,ttC inlil
11 0 Fist the future the ?arks department wants to'oudd perks I aHrd and pot, dfbytheaarts ceun<iL sn The laci;t;. I
m school '.and sues available them through the Clearly the future ,s promising for cooperative ventures
;ooperarive venture with 'he school l joint wuhout having are the most promising key of reducing program coos
costs. The joint agreement ad' possibilities with the net result be Mg
to worry about acquisition They
dressed this need by stating that "both agencies agree that all and expanding possibilities
with t el
future land acquisition for parks or school sites will be the taxpayer paying prograless m am for more p
discussed jointly as those needs erne so that cooperative
development can occur." Final determination of the school
sue rests with the school district and final detarminerion of Star~nd~aY Ss'yltng is o lourncfum mayor at Yorch axes
the city site tests with the city ~QQQF,RATIVE VENTURE
The City of Denton and the Greater Denton Arts Council F GRAMS
have also proven that cooperative ventures can be beneficial
for everyone involved The City of Denton ofered the arts you have a coopPRw venture you would like TRAPS
council an opportunity to tenovett two unwed buildings, if f you send it to:
formerly city power plants. for the arts in Denton. The arts highlight ave COOP pilla" s
council raised the money for renovation through private TRAPo Seth 5mb MAG Managing Editor
contnbutions, pledges and grants. raising app Both E. hklUnney
$1.2 million of which 5650.000 was spent foe the Center for D32 enton Texas 76201 tRA►S MARCH APRIL es at
Visual Ans.
Grants for renovation included money from she Meadows
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CITY
COUNCIL
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WY of ORNTON, TEXAS MUNICIPAL BUILDING/ DENTON. TEXAS 70201 /TELEPHONE f$17) 000.0307
Office of the City Manager
I
I
M E M O R A N D U M
TO: Lloyd V, Harrell, City Manager
FROM: Rick Svehla, Deputy City Manager
DATE: July 3, 1990
1 ~
SUBJECTS Request of the Highway Department on the Design of
Loop 288
i
Last week, we visited with John Blain from the Highway I i
Department about Loop 288 from U.S. 380 to 1-35E. John had i
some minor questions tot us on technical aspects of the road,
but his main question tot us was the status of the existing old
KATY tracks that run under Loop 288 behind the Target and auto
store complexes near the intersection of Loop 266 snd
Colorado. John wanted to know if' we would be agreeable to
seeing if the raiicoad company would agree to abandon the
railroad. It they did that, the Highway Department would be j
able to eliminate the overpass on those tracks and thus reduce
the cost of the Loop 268 project by at least $2 million.
obviously, this would make the project cheaper. It would sake
the cost per vehicle mile much lover since the pproject is
pegged at costing 19,016,000, and this minimum !2 million
reduction would mean a 22♦ reduction in the cost. It makes the
project all the more feasible, and it certainly sakes Denton 4
look qooo! in terms of trying to cooperate with the Highway i
Department and coduce costs whatever it can.
There is a down side to the elimination of this overpass.
Several months ago you, Jesus and tho former mayor visited with
the people at DART to look long range at extending DART to
Denton. DART had taken an option on this very same track on i
its southern reaches through Dallas and Carrollton to preserve i
it as a future right-of-way for rail service to the north. it
is my understanding that your visit to DART was to see if DART
would be willing to extend this option on the track all the way
to Denton. It is my understanding that DART indicated that
there were some problems in Lewisville, and that Lewisville was
not requesting that DART be extended to their city. Since j
i
s
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Ka1f
I
Lloyd V. Harreil
r' July 3. 1990
Page 2
then, I know weave had occasion to visit with Corinth on other
matters and at least there were some Individual opposition to
that track being used tot DART rail through the City of
Corinth. Howevoc, there still are initiatives being looked at
or track the
messages to DART the
'by here A in neat n, that might sends abandon
other cities.
r The staff has looked at alternatives, and we have discussed at
least one of these with John Blain in out visit to his office.
John and the Highway Department would not be opposed to a grade
separation It DAR'P were eve[ to come to Denton on call. It the
overpass were eliminated, certainly, an overpass for the rail
service could be built it DART ever came to Denton. This
overpass would be cheaper since it to not nearly as wide as a
tout-lane divided structure would be so there would be an
at alternatives foe Jerzy Clack a its m terminus Vepoint
toked ino*cing
originally, we had looked at and there was some discussion of
using the aces behind the Visual Acts Center where the old
did snots extends past terminus Loop 260, tDART heta scouldn. et]11 t be tcack
terminus points built in the Hall area. The terminus could be
built on the east side of Loop 288.
Obviously. I have had several discuseions with the Engineering
staff about the alternatives. The Staff would recommend
looking at trying to abandon the railroado his iocway and
eliminating the overpass toe Loop 208. i
reasons. First is the cost and the enhancement of the Loop 208
project itsfolt. Socnndly, we have been assured by Blain that
such things do not 9a unnoticed In the Highway Department,
particularly at the district level, when the cities cooperate
and help to reduce costs. Thirdly, it DART did Coss to Denton,
it will certainly be some time out in the future, Indeed, 1
DART's plan to the year 2010 does not get any tucthst north ,
than Carrollton to It would certainly be a longer period of
time before DART gets hate. As you know, most designs toe
highways ace for essentially a 20 yeae period. Since DART does
not plan to be here before 2010, We conceivable that the i
highway could even be rebuilt with a new overpass to facilitate
DART. It DART's terminus Waco extended all the way to %he
depot, the other alternative there would obviously be to build
a grade separation to provide toe the rail service to go over
the toad. This option Is obviously much cheaper. And,
thirdly, as mentioned earlier, we could even terminate the tail
service before it ever got to Loop 288, After reviewing all
this data, t think it,s staff's position that we recommend `
trying to abandon the overpass.
1
Lloyd V. Harrell
July 3, 1990
page 5
Obviously, this kind of decision has some very long range
effects on the city. We certainly wanted the Council to be
aware of this dilemma and to provide soave guidance for us
I before we get back to the Highway Department. We have attached
a drawing to help orient everyone, and we have indicated to
` John Blain that we would be pursuing this question with the
4 Council before we gave him any answer, since this is a major
question, the Council night even want to devot part of a study +
i session for it. I should also point out that it the Council
agrees to eliminate the overpass, that is just the first step.
the State would still have to pursue the abandonment of the
track by the railroad before that could be accomplished. It
the Council indicates that is their desire, then the Highway
F Department will pursue the abandonment of the rail line with
the railroad.
if you or the Council has any further questions or needs
further information, I would be happy to try to provide it to
you at y conve~ince,
J l
Beck 8vehla
Deputy City Manager
SS:bw
5041H
Attachment
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CITY
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p■{{may _ ---,:..:7 -
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'Rey E. Bunting'
WHEREAS, Ray Bunting is retiring after over 18 years of
dedicated service to the Cit. yy of Denton since his
employment on November 16, 19711 and
WHEREAS, during his career with the City, MAY Bunting has
consistently maintained an attitude of cooperation
with and dedication to the stated goals of the
Building inspections Department of the City of
5! Denton) anu
t
WHEREAS, Aay Bunting his exhibited outstanding expel tiee,
dedicating much time and effort in assisting with
the as work
ahewn of tthe eat Building
y h
spirit Iin p+encouragl rt and
c' involvement to the best inte[uts of the oltiaens of
Dentoni and y
WHEREAS, Ray Bunting has always eetV+d above and beyond the
t;
more 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 interest@
1
of the citiaens of the community {
NOW, THEREIORE, BE iT RESOLYED BY THE COUNCIL Of THE CITY Of
' DENTON, TEAS,
That the sincere and warm appreciation of the City Council be
formally conveyed to Ray Bunting in a permanent canner by
s reading thin Resolution upon the official minutes of the
City council and forwarding to him a true copy hereof,
` PASSED AND APPROVED this _ day of duly, 1990,
,
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P•; ATTESTI 1
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APPROVED AS TO LEGAL PORMi w
DEBRA ADAMS DRAYOVITCN, CITY ATTORNEY
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' CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (81)! 566.8200
}
MRMORAHDUM ~j
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3
DATE: July 12, 1990
TOt City Council
FROMt 091 Committee
SUBJECT: QUARTERLY REPORT
Last time ore met, we indicated to you that things were going fairly well and
that projects were proceeding. We have included for you our last update from
the staff which indicates the timing on existing projects.
Obviously, we are moving ahead quite well. When we originally began this
process, we were named the 191 Committee because our charge was to take sure
of the completion of all the programs by the year 1991.
In torso of Street and Drainage Projects, we are very close to that. We have s
a few projects left that will be under construction within the next year and
that will basically finish out all of our Street and Drainage Projects from
both the 1986 and 1985 Bond Issues. There are exceptions to this, mainly, all
of the highway projects that were projected for those time frames have not
been started. A couple of them, Teasley Lens and Fort Worth Drive south of
I-350 look like they will be started in 1991. The others have slipped into
future years. Staff has been working vary diligently with the Highway
Department trying to move those projects along as fast as possible. Our other
main concern and the bulk of our report this evening will deal with our
buildings. J
1
The City has completed one Recreation Center, Senior Center renovations, ~
Animal Control facility, and within the next few months we will complete Fire
Station f5. There is currently enough funding to build Fire Station d6 and
completion is projected to be January 1, 1992. Our real concern, and that
expressed by the staff, had been for the other four buildings that are left in
the 1986 Bond Issue, those being the two remaining Recreation Centers,
Library, and the Law Enforcement Court Complex. The 191 Committee is formally
recommending that these buildings be put on hold. The mein reason for this
recommendation lies in the tenants of both the 1985 and 1986 Bond Issued.
Those promisee included no tax incressns. When those bond programs were
i
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Ole- W-
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14 h
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rsn.", City Council
July 12, 1990
page 2
roved, the City's aeseesed value was growing at a rate of 10.12%,
initially app we
and in some cases even14% aynr' For he them early proposals years w of prediprogramcated a
average growth of 8% De year. thet year, experienced n drastic
and
maintained that projection. Hoxever,
downturn in ad valorem lorem tax and sal tax, plan dtos aevanu years ee trec o °~oommodate
the final final d beer stretching buildings. the This year the news has even been worse.
building the Council
i
II n fact, there has been n mayor decline in some of the revenue sources that
f x helped laid debt service. Haeldee this growth problem, the City has also been built ffff put in an iainedrandinmanned,revenue
which rrequire sadditionals Stoare tt, utilityccoste,
mail metntal
maintenance
recosts, ate. commends that these buildings beo puts,onL hold9Indefinitely.VeWe
reluctantly
also recommend that revenues and growth patterns be monitored very closely 3
each year and debt service capabilities grow are abpoint that will aallow othe
projections City to me
City to meet the debt service for these buildings. as well as
On more favorable note
interest from thes1985°issuehthesactivities tIn thenstreet dand drainage
this
ac
recomme d tcontinuedbeconstructiontof ethese
areas as we athletic
next Y
projects. We are suggesting funding of these activities based on maintaining
and use of the
onlycategories
to fdothese
integrity funds h from t the issued 1985 i issue each
Interest projects sines that is what the whole 1985 leave was for,
finally, we would suggest to you one small revision that the Hoard reviewed at
Its June meeting. This would be to use excess revenue from the 1985 bees to
add able
curb wand°aut' bet, sand
additionalto do
enhance s the construction West Oak. it we are
to increase
taks la oar* of thsome ings rtondoe needs atbetterientran ee to ithetCity
are logical
since that has become a mayor goal of the City Council. with its
We an pleased to give you this reports and landuresponsibleothingpto do, and
total content, we think it it the e appropriate
it follows the dictates or what the 091 Committee was formed to do. We are ll of the
program still edl about program
main concernhhasaalways been the promise of
complet i however, we feel that Therefore, we must curtail iis of
rsthe
a no tax iIn order e kind of program.
meeting
aotvikot ~tePi before most that tryf to answersethems at pleats
them
itself.
P~
.
J k Mi ler, Chairman
wp
37338
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DiNTON~r<XA$ MUNiCIPAI_ 8aNC / DEN TON, TEXAS 7E201 /TELEPHONE' $he (9C +fy~ ~T managor
crrr_o of
E N 0 R A N D U N
TOI Members of the '91 Committee
FROK: Rick svehla. Deputy City Manager
DATE: June 12, 1990 '
SUBJECT: Update and presentation to the Council
to wait to meet until
we wet isai trying Diatriot on oux tax
he we mentioned last tlmea'we
assessed
received word from he ArD
revenue. As we expected, the word was not good. Our
4o sill on. This We ethinkCethis preliminary
value has C dropped d
t it $100
with
and we e P
us in a number of WAYS, and thecefWeehave comeeupto with most in out
you again to discuss the Strategy
_ recommendation to YOU work on any new
,
As you recall, last year we postponed any conutrainta
buildings because these add additional budgetary
for maintenance and operations wif from have a operations
budget. . we we not only rvi side, but we trust add additional do since wecateh expecienoinghA
debt to finance the constcuction, that we not do anything
reduction in revenues this Yea" we would propose to do the
use thing again, i.e, we would suggest
a couple of
with the libraryo the errs tlon centecacou complex, or
of the two remaining x that we do preliminarily,
things that we ate suggesting
you stations tions know, and rice ea station in 05 is
~ The exceptions invibLACythe tire
the July
IICC and the l
nesting completion. tie expect the building complete that One, ft to ox Augusta and we will, obviously, land south of the
existing
q 4ain recall that First Republic
via ace also negotiatln s
sits for station M6. deal
to use
You a n and we of permission
National Bank 'owned anto that welg to Make s about
a year ago. out packing and drive approaches.
Highway tight-of-way for ou NCNB which now owns the
` since then wo have been contacted by
property,
I '
m 1, .4.4'
i ME
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t91 Committee
w June 12, 1990
page 2
The philosophy of this bank 1s different since the same people
are now pursuing telling a deal that that
w would B trade gthetcorner property We ;a
bigger piece of property further to the south. it that deal is '
consummated, we would move ahead with Station 06. If not, we
to It for
are would successful vInathed dewith al, wee would have enough corner.
i the library site. It this to the case, there is a possibility
that we would spend small amounts of the library funds tot
infrastructure in conjunction with the Fire Department building.
Yinally, we are continuing to negotiate with Moore on their
building as a possibility that possibility
we iwould ysp sfor pend a t~esmall Cam unt of money is in
order to obtain that building. Other than those small
expenditures, we would suggest to you that the buildings be put
on hold.
We would also suggest to you that only street and drainage
projects continue to be built and that we finish out the
athletic field portions of the Park 6 Recreation proposals. We
could do this through two mechanisms. The first of these would
be to use existing sold bonds from the CIP projects. That
includes approximately $1.0 million. The second fundt,nq source s
to interest money from the 1965 issue. You may recall that is
the last; issue that we could arbitrage under the federal rules ~
and regulations. We have been able to gain about $1.9 million u
worth of interest that we could use for projects. By uuing ,
these two machanlems, we have approximately 12.9 pillion. We
would suggest to the 191 group that we use that money over the
next two Yeats to fund programs and not issue any new debt.
We project spending approximately $1.9 million this coming year
y and then $1 million the following Yost for street and drainage
projects and athletic fields. This would allow us to finish
controlled by
oil of h exception of the highway projects 5 whiand ch are 6 not issues t
i use We would also be able to beyin work on several other
street and drainage projects that have been Included in the }
Capital Improvements Program by the Council and Planning and
zoning. it to importat,t to note that bonds for these projects
have not been approved, but we do have funding available to do
these issue or projects.
from excess fufunds from them 106thissuehefor 185 street projects that no longer need funds from us, Therefore, we
think It to appropriate to use them for attest and drainage x
projects, bulldingu, or other projects such as athletic fields,
etc.
rua,~
1 .
N`
'.Y
t.i
or
191 committee
r
June 12, 1990
Page 3
i` We think C-his .s a good strategy in that it allows us to ksep
building C!P projects- It uses funds that were earmarked for
street and drainage projects to build more street and drainage
V projects. and finally, and most importantly, it finishes out
both the 1985 and 1986 street and drainage projects.
Finally, it wouldn't be an update meeting without us bringing
to you a couple of suggestions on minor funding recommendations
sue. is We West
estimatei then cost sat
for that projects. this was in the first 1985 these
$190,000. Our now bid estimate is $390,000 which '.s
approximately 1200,000 over the original estimate. The major
impact is inflation, Also, increased costs are due to extra
end! adding curb at and -35P
gutter crfor i the pavement t 1 thickness to 811, we've added testing and inspection charges. We ere suggesting
to you that we spend interest money from the 1985 arbitrage
mechanism to fund this project. We have ample funds to do
this, and it's our normal procedure to use this interest
funding to offset the inflation.
The second recommendation that we have for you concarns the
Downtown Square. As you know, we are taking bids on all the
equipment for the closed loop signal system downtown. in
discussing pole design and placement, Staff also discussed
handicap access at the Square. Some of you may remember that
this has been a project that has been mentioned numerous times
In the last several years, and we never had funding to complete
it. It is staff's consensus that there might be a way to fund
the curb and gutter extensions that would be needed to build
these ramps from existing sidewalk funds. We have
approximately 113,000 from the Hercules sidewalk project and
the Evers Road sidewalk proect that we could use to do the t
curb extensions. After d iiscussion with the Bain street
coordinator Association, we dthinkcthere a isv a way thatefundcafaing could Business
used to help us buy pavers and/or plants to fill in between the
ramps and the cast of the curb. We project this cost to be
j approximately $35,000 - $40,000. That makes the total cost of
the camps $50,000 - $55,000, We think there might be a way to
' use the recent $100,000 Beautification Award from the
Governor's Office to guarantee this construction it the
fundraising doesn't generate the $35,000. in other words, we
think there is a way that we could use about $13.000 worth of
sidewalk funding and leverage it into an approximate $60,000
Project to provide handicap ramps for the Downtown Square
area . Obviously, we we
are think spending!s and we y wougood project ld recommand for t
amount of mom to
YOU4
E 4 i
F,i
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191 committee
June 12, 1990
Page 4
1 have attached the latest update from Jarry on all of the
street projects that were in either the 1985 or 1986 bond
issues, It includes all the projects that we have completed,
that are under construction now, or that are under design
consideration. It also provides the latest update from the
Highway Department on all of the highway projects and their
schedule. }
t
we will be looking forward to seeing you on the 20th. We will
' be meeting in the Conference Room at 7;00 o'clock. If you have
any questions before that time, please call me at your
convenience. ;i
p
.
' 8 ck S hla
Deputy City Manager
N RS1bw
5027M
f Attachment.
a+ ~
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CITY OF DENTON
ENGINEERING PROJECTS
CITY OF DENTON
~ CAPITAL IMPROVEMENTS
a k
BOND PROJECTS
I
TEXAS DEPARTMENT
OF
HIGHWAYS AND PUBLIC
TRANSPORTATION
PROJECTS
i o o
a a
h i
I
CIP REVIEW 6 DISCUSSION
CITY COUNCIL BRIEFING
PROJECTS COMPLETED
1985 - 1986
COMPLETED PROJECTS COMPLETION DATE FINAL COST 49,448
1, Prairie St. Paving 06-21-85 388,991
2. Cutler Repave 08-00-85 767,616
3. Panhandle Drainage 08-16-85 152,779
4. Denton Landfill Rd 03-20-85
- APrill 1990
May, 1 989 01-24-86 566,976
5. Stanley/Thomas Drainage 01-31-86 92,580 y
6, Woodrow/Spencer Tie In 12-00-86 "703,647
7, Jagce Public Recycle 02-00-87 19,024 fi
8. Loop 288/380 Signal *122,390
9, Repave Eagle, withers, Bolivar 06-30-87 210,753 ! i
10. Welch-Mulberry to Hickory 06-30-87 Included above
11. Hickory-Carroll to Cedar 08-00-87 24,664
12. Highway 380/01d North Rd 08-24-87 467,904
13. Locust 11-17-87 454,161
14. Glenwood 11-17-87 710,460
15. Yellowstone/Prairie Dr 12-00-87 368,194
16. Lillian Miller Pav 6 Dr _00-87 78,315
17. Rt Turn Lanes Loop 288/135 1212-01-87 31,523
18. Evers Pk a Hercules 6w 01-00-88 *70,297
19. Repave Square 1 01_24-88 1?.0007800
200 Lower Pecan Ck, Drainage 02-00-88 *7,603
21. Carroll/Eagle R T Lanes 93-15-88 420,476
22. Avenue C 03-00-88 18,910
236 Morse Street-MLK Widening 08-00-88 44,094
24, Sherman/Windsor Signal 08-05-88 100,743
25, Congrrss - Carroll to Elm 08_19-88 66,369
! 26. Woodrow Box Culvert 12-0088 *70,247
19,036
27. Repave Square 2 _02-88
28, Colorado Blvd R Turn Ln 12-02-88
01-00-89 *243,000
29, Closed Loop 01-18-89 303►850
30. Taylor Pk 01-18-89 370x100
31, Teasley Ln Paving 01-18-89 78,797
32, T¢aeley Turn Lanes 03-00-89 420811 1
33. Carroll/MulberrY Signal 06-04-85 480,121
34. FAA-Denton Airport 12-14-88 530,947
35, Southeast Airport
Paving, Drain i Utility
+ In House Involvement
s
2501k
716~ 77
C
a 1
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F
CIP REVIEW 5 DISCUSSION
CITY COUNCIL BRIEFING
PROJECTS COMPLETED
1989 - 1990
COMPLETION DATE FINAL T
COMPL~ E PROJECTS
December, 1989 376,077
1. Woodrow /Bridgeg Tree 817,404
Woodrow Paving and 41,200
Woodrow esidewalk 168,988
BT Bridge 66,332
BT Drainage 79,277
BT Utility
29 Magnolia/Bolivar September, 1989 670,000 paving and Drainage 1108000
Utility work July, 1989 8,000
3 Traffic Study - Square March, 1990 346,118
.
41 Audra, Acme, Davis March, 1990 459,596
5Malone St. Drainage January) 1990 1,515,000 f
6, Bonnie Brae Paving and 2,647
Drainage September, 1989 7,458
7, Carroll/Pearl September, 1989
8, Carroll/prairie - 5,000
left turn lane April, 1990
Mores Street - right
turn lane July, 1989 160995 c
10. Phoenix Sidewalks
1
11
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n
.2.
b
2501k/l
I
I
Owl
I~
1
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Mel
i
CIP REVIEW & DISCUSSION
CITY COUNCIL BRIEFING
PROJECTS UNDER CONSTRUCTION
1990 - 1991
PROJECT DESCRIPTION PERCENT COMPLETE FUNDING
1. Avenue A Paving and 751
$ 475,000
Drainage
z
2, Avenue E Paving 1041 See above 4
3, Oak, Hickory, Fry 201 1,175,000
4. Inlets - Elm and Locust 01 700000
5. Master Drainage Plan 601 316,000
Hickory Creek Master Plan 100%
Drainage Regulations and December$ 1989 107,000
1001
Design Manual Mar
ch, 1990 25,000 '
f
r
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1
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I
2501k/2 t
fy1
4
' X5,1 1
i
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CIP REVIEW b DISCUSSION
CITY COUNCIL BRIEFING
PROJECTS UNDER DEVELOPMENT
1990 - 1992
ESTIMATED DATE FOR
PROJECT DESCRIPTION CONSTRUCTION START FUNDING
1. Utility CIP 1989 June, 1990 $ 421,000
2. Utility CIP 1990 April, 1991 Utility CEP
3. Alexander Street Drainage August, 1990 (Rebid) 105,000
4. Bell Avenue Drainage Complete 50000
5. Bell Avenue (Vine/Mingo) August, 1990 375,000
6. CIP Sidewalks August, 1990 144,000
* 7. Ft. Worth Drive Paving SDH 6 PT Review 10000,000
and Drainage Austin
8. James Street Drainage October, 1990 900000
* 9. Loma Del Rey Drainage 9-90 - 12-90 625,000
i
10. Oriole Paving and sidewalk 9-90 - 12-90 139,000
t *11. Longridge Drainage October, 1990 3001000
12. McKinney/Bell Intersection September, 1990 1100000
13. Mingo Road Drainage Delayed to October, 250,000
1990 to avoid conflicts
with IWU golf course
*14. a)Nottingham Paving,Drainage 1991 450,000
b)Signal at 380 1991 500000
c)Sidewalk 1991 20,400 I
15. Pecan Creek Sanitary Sewer July, 1990 Utility CIP 1
+ s
*16. Scripture Paving and January, 1991 350,000
Drainage
1 TO be constructed by Street Department
17. St•+art, Suanydale Drainage October, 1990 350,000 99 t
*18. Teasley Lane Access August, 1990 40,000 i
*19. West Oak Paving and Drainage July, 1940 355,000
*20. Willowsprings Drainage Legal Issues 330,000
* SDH i PT Coordination +
2501k/4
k
TEXAS DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION PROJECTS
h REVIEW AND DISCUSSION
CITY COUNCIL BRIEFING
1989 - 1995
DENTON PROJECTS
Dates are revised based on Late May, 1990 visit to Resident
Engineers ofEicc in Denton. Updated Letting schedule expected
by August, 1990.
t
DESCRIPTION LETTING_ DATE
PROJECT
North of Hickory Creek to January 1993
1' 135 Us 77 South of Denton Highway 77 S. Of
including Interchange Denton
@ Highway 77
2. LOOP 288 FM 428 (Sherman) June 131 14 1989
to 135 400 Work Days
30% Complete
Nov.1990-Complete
135E to FM 1830 January 1992
3, US 377
135 east towards January 1993
4. (a) US 380
US 77 (Elm 6 Locust)
(b) US 380 Loop 288 to US 77 January 1993
j (a} US 380 Loop 288 to US 380/US 377 and us 377 North
135E South 2 Miles January 1991
' 5, FM 2181
6. FM 426 1.4lmilemiles s west east ofoioop8288 April 1993
• US 380 to just north of 135E January 1992
LOOP 288
7. _
135 to Wise County Line January 1994
8, US 380
9, LOOP 288/MORSE Complete Project was let
in March - up to
TRAFFIC SIGNAL 6 months till
construction
September 1989
10. MASC_ H BRANCH Bridges - 991 Complete
~-i
EIA Fall
11. HIGH4r 17 US 380 - 1989
to 235 June 1993
* - may be given to consultant for design by state
1
0710E
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TEXAS DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION PROJECTS
REVIEW AND DISCUSSION
CITY COUNCIL BRIEFING
FUTURE
DENTON PROJECTS UNDER DEVELOPMENT/NOT SCHEDULED
PROJECT DESCRIPTION
3
1. 135 US 77 South to US 77 North
2. FM 428 Hercules to FM 2153 (Aubrey)
3. FM 1515 Denton Airport to 135E
4. FM 2181 From 2 miles south of 135E to 135 southern
junction (Boeingl
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5. LOOP 288 SPUR Spencer Road to 135E
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1990 MAINTENANCE PROJECTS j
Street Name From To
Mesa Drive Bandera AMI Entrance
Thunderbird IH 35 Carriage Hill
Maple Street Welch Avenue A*
E
Crescent Fulton Street Malone Street*
i
Cordell Street Malone Street actor Street*
Hickory Street Austin Bell Avenue*
Scripture Street Bor se Brae IH 35
Stonegate Pennsylvania Southridge
Stonegate Hollyhill IH 35
Stonegate Pennsylvania Southridge
Windsor Drive Bonnie Brae Hinklt**
+ Masch Branch F.M. 1515 U.S. 380
I ~ ,I
Malone Street Linden U.S. 380
noo
*Maintenance completed
**Repave areas in bad condition
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1991 MAINTENANCE PROJECTS
r
~.5 rgS~N From To
)34MP~
Highland Street Welch Street Avenue D or E
Shady Oaks Woodrow Lane Willow Springs
James Street Ft. 'n'orth Drive Ft. Worth Drive
Wisteria Laurel Street Highland Park Rd
West Prairie Avenue E Connie Brae
i
Lattimore Pertain Audra Lane
Windsor Drive Sherman Drive Glenwood
H E A 7 EuuARI F I CA~ i
Mckinney Street Ruddell Bell Ave or RR
i
Bell Ave
Sherman Drive Windsor
West Hickory Welch Street Cat-roll Blvd
+iinklo University Drive Windsor Drive
y
Wood Street Mckinney Street Texas Street
Avenue E Hickory Prairie Street
Robertson Steet cook (Base failure) Skinner
Oakland Street Withers Locust Street
woodland Frame Street Cherrywood
N. Frame Street University Drive Woodland Street
Roberts Street Bell Avenue Northwood
Brown Street Roberts Street Cut-de-sac
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CITY
COUNCIL
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~ 2fiS1L-1/3f~89 A
NO.
AN ORIIINANCF ACCEPTING C0IPETIT1VE BIDS AND AWMIDING A CONTRACT
FOR THE PURCHASE OF HATE117ALS, EQUIPMENT, SUPPLIES OR SERVICES;
PROVIDING FOR THE EXPENDITURF OF FUNDS THEREFORE; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City has solicited, received and tabulated
competitive bids for the purchase of necessary materials, equip-
ment, supplies or services in accordance with the procedures of
state low and City ordinances; and
WHEREAS, the City Manager or a designated employee has
reviewed bids dforathetmaterial~s,dequipment,~isupplies tor
services as shown in the "Bid Proposals submitted therefor; and
WHFRFAS, the City Council has provided in the City Budget
f the
the approprintion of funds to be used for the purchase e
materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I, That the numbered items in the following numbered
bids or materials, equipment, supplies, or services, shown in the
"Bid Proposals" on file in the office of the City's 'Purchasing
i h
Aent filed ereby accepted and according h as being number r lowest n respo sible bids
for such items:
BID ITEM
j J
1114BER 110. VENDOR AMOUT I
1120 1 ws's--C~--- $ SQ ea
1120 2 PSI E1.1NE~ t 989 QO ea.
_ c t 4 aka .
1120 3 WESC0
1120 4 WESCO _ $ 5.210.Il4_eA•
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SECTION 11. That by the acceptance and approval of the above
numbered items of the submitted bids, the City accepts the offer
of the persons submitting the bids for such items and agrees to
purchase the materiAls, equipment, supplies or services in
accordance with the terms, specifications, standards quantities
and for the ape cified sums contained in the Hid Invitations, Bid
Proposals, and related documents.
SECTIUH 111. That should the City and persons submitting
eppro`ve-d-nna7accepted items and of the submitted bids wish to
enter into a formal written agreement as a result of the
acceptance, approval, and awarding of the bids, the City Manager
or his designated representative in hereby authorized to execute
the written contract which shall be Attached hereto; provided that
the written contract is in accordance with the terms, conditions
specifications, standards, quantities and specified sums containeA
in the Did Proposal and related bid documents herein approved and
accepted.
SECTION IV. That by the Acceptance And approval of the above
numbered`ikems of the submitted bids the City Council hereby
authorizes the expenditure of funds therefor in the Amount and in
accordance with the approved bids or pursuant to a written
contract made pursuant thereto as authorized herein,
I SECTION V That this ordinance shall become effective
inmeMEte1 upon its passage and approval.
PASSED AND APPROVED this day of *1990.
ri
I
SOD CASTLEELRRY, MAYOR
i
I ATTEST:
-FINI N-GA7.~E~3', GI'IY 3`~(T .7' Y
APPROVED AS TO LEGAL FORM: ~
DEBRA ADAMI DRAYOVITCM, CITY ATTORNEY
BY:
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DATES JULY 17, 1990
'I
CITY COUNCIL REPORT
T0: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager 1
SUBJECT: DID #1120 - PADMOUNT TRANSFORMERS S
RECOMME14DATION: We recommend this bid be awarded to the lowest
evaluated bidder meeting specifications for each items
Item 1 Wesco $ 1,526.00 ea.
Item 2 Poleline #1 $ 989.00 ea.
Item 3 Wesco $ 1,448.00 ea.
Item 4 Wesco $ 5,210.00 ea.
li t
SUMMARY: This bid is for the purchase of padmount transformers
for use by the Electric Distribution Department. These bids were
evaluated using load losses to determine the total life cycle
cost for each size transformer.
BACKGROUND: Tabulation Sheet, Memorandum from Glenn Fisher.
PROGRAMS DEPARTMENT OR CROUPS AFFECTEDs Budgeted funds for
Electrt c Distribution.
FISCAL IMPACT: Account #611-008-0252-9222
Respect rally submitted:
oy V. Harre 1
City Manager
~ Prepared bye
Names Den 6e Mann ray
Titles Senior Buyer
Approved: 3
Names Tom D. Shaw, C.P.M.
Titles Purchasing Agent
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MEMORANDUM
to: Tom Shaw
From: Ulenn Fisher
UaLe: July 1U, 199U
Subject: Bid 0 1120, padmount itanstoimers
the Electric Utilities Department recommends the acceptance ut
the following items based on meeting specifications end future
cost:
Item I: 1 - 75 KVA, 240/480 volt padmoturt
Bidder: Wesco a $1526.00
Item 2: 1 - 25 KYA, 240/480 volt padmount
Bidder. ?oleline (01) 1 $989.00
Item 3: 10 - 15 KYA, 240/120 volt padmuunt
Bidder: Wesco 0 $1448.00 each j
Item 4: 3 - 300 KYA, 211/480 volt padmount
Bidder: Wesco 1 $5210.00 each 1
f
Attached is the future cost evaluation of each item. E
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cc: Bob Nelson, Executive Director of Utilities i
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1120.eva
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Crnl,lnt ton for old 1 11211. lilt% J. 194n '
1-15 pl'1 tin/150 rill, I-75 A5A 741/100 WI t, I0.755VA 2401120 rclt
and 3-100 hVA 27171St) %nlt Cadmount tranfm aers
hli ore nnat (0I.nJ1a uarvl f..r eh^ ovnluntioo lel
TM nl Rl lyre rusR IIII It Cu.,t ~1.n11r1N„ lnnd Lrlnntl TOlal Load Lnn a-Na Load Lo sit'Ln ad larlor1+111.54
vbr to Lnnd fmrtor=n.5 fnt 167 A5A nud r.mallrr
.0,;1Y [nr All nUtrrs ttJ
1111111/111111 /1111111/11/1IIIIII,I /f lll111111 „ 1 „ 11111 N II/III IIIIt11111111111111111,1111111111111111111
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M Evaluation for 15 AV1, 210/49Q roll podaoun. t A)
11nlt. Nn Land 4ladin4 Total total Tuture 0ellvety lmpedmice
Yandnr Ilm utfa cturrr Coot Lnnvrs Losses Load tons Conl Time It+ks1 Tr
!
7rlester cooper 0t61 11.6J9.00 211 94S 1195 !22,021,90 i2 7,05
Odom 41 111,510,00 ISS 690 845 917,900.40 16.16 1.7
Odom 12 11,549.00 189 573 181 919,909.15 1.3 '
.r Van TrKI Ventran 12,I1i,On 130 430 sea !19,919,96 14 2.7
Cummin.e united 11,511,00 155 690 845 617,901.44 14-1d 1.7 I
i ~
Potellne 11 Crmrn 11,935.00 148 S73 761 619,817.63 LI.18 1.3 I
I
Polellne 12 So 61d 14-11 311 1
Nesco Ago 11I,S21140 120 660 780 617,186,0.4 19-21 1.96 {
1
,.i trneple 11 Cooper 11,665,00 247 948 Iles 122,204,94 2.06 f
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rW temple 12 ct 111,805100 112 914 681 11l,914,b8 2.21
f tnaple N t1a9natic 11,970.00 223 88S 1111 123,596,98 119
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►~nlnatlon (or 25 RV;, 2111f f30 %oil PadAauut
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1'nll P+n L+nd Wlndlne total Total ►utlue DOIver► lapaJ,uaa
V.•udnr mtnuractutar cunt 'Innsos - logaaa toad loan coal ..-.Tire-(Wks) 3 i
it
Prlester cooper IRTCI !1,021,110 79 192 511 011,913.14 fl 2.43 i
(Mon 11 55f). 00 56 344 400 1to,04S.in 4.14 2.7
Odom 42 6997.00 74 272 346 110,041.12 9.10 1.5
Yon Tran vnntrnn !11371.01 70 160 230 911,853.90 13 1.9
tuaslns t4rSted 6951.00 56 344 400 916,031.29 5-13 2.7
Polellns It tIIva 9959.00 74 272 378 910,015.901 8.14 1.6
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Iolellne 12 Nn old
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Neacn Aha 01,414.00 31 282 313 912,629.00 14 2.46
1
Teeple 61 cooper 01,037.00 70 492 $71 112,025.94 7.19 2.43
Teeple 12 62 !1,760.00 11 263 337 911,114.31 19 2.03
' Tan91e 93 1140111elln 911040.00 so 499 582 912,136.15 16 3 1 „ +
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Colt 1ru1 No bid
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f,oluutdon tot 75 XI A, 21112120 cull p,utmOmut
null No Land ulndlnq tidal Total. future 0r1S,art' Impodaro s i
Vendor-_- Hanufnr tut or t'r`l 1•00sss Low;os LnAd Loss Cost ..Time INl.s7 t 1
_ _
P i
rler.lrr ...(wiper.
t1161 -S1,111.00• 2S3 986 1221 116,!14.10 14 Ills
Odom 11 11,01.00 1S5 69U 615 111,!69.52 5-14 1.7 i
WOO f
Wool 12 61,411.011 116 696 112 119,953,12 4-10 1.6
Yon Trmn Ysntrnn 1x.112.00 1'10 130 $60 519,631.18 17 7.6
Cummins tlnlled 11,476.00 155 690 645 111,661.01 6-1J ].T
Po Ie llna I1 it mcu SI,`io 7. IOU 146 696 612 $11,862.91 1-14 l.t
Polellne 12 Krdtlman 61,11%•00 132 141 671 $17,522.77 10-12 I
Veer,o AAD 51,416.00 L49 552 101 116,313,/2 1S 1.16
Temple At Cooper 51,311.00 231 961 1221 119.96 L 14 7-f0 2.15
Temple 02 O[ 51,530.00 125 7:6 Ass 1111,142,96 t9 3,14 li}}
temple IJ "Anetlc $1,150.00 25S 630 ]OAS 613,469,10 16 1.6 t
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Colt ind 2,75 11,/93.00 147 613 760 116,41 LO1 IJ
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I'll It No Lnmi Vlnd Lr4 Total Tnlel rutar• Vol l%ety Impedunc•
Yei Onr tlni 14a cl ur rr ( rr,t La FSeY Losses Lned Less Cost Time 4Vke) %
Prle ster Cooper IR1r.1 $3.4
,11.00 654 2021 2676 961,112,/0 ---.12. 3,37.
Odom it
10,019,110 795 3165 3060 !11,621115 6-14 /
Odom 12 No hill
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Van Tram Vant ran ST,126r00 640 1650 2290
966,699.22 13 6
Ca In• I'nlt.ed 15,291,00 696 2336 3036 160,797,12 6-17 3.1
Pololln• 11 I'a(A elv 11,290.00 696 2336 3036 960,026,51 6-14 3,1
Pol•lin• 62 No 61d
N•eco AND
57,230,00 316 2124 2670 196,332,16 16 1,41
Temple fl Cooper 53,92'1,00 651 2Ubl 2678 962,390.06 7-10 7.73
TesD)e 42 OR 15,760,00 S47 2131 2676 660,271.91 1S J. 17
7emD1. 11 N•Nnetle 67,000,00 727 4441 5164 664,963.47 l6 2.3
Colt Ind No old
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COUNCIL
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265LL-3/3689 i~( B
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NO.
AN URDINANCh; ACCEPTING COh1PETITIVE BIDS AND PROVIDING FOR THE
AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEIIENTS; PROVIDING
FOR TILE: EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN
EFFECTIVE DATE.
Wit EREAS, the City has solicited received aria tabulated
rssd competitive bide for the construction of public works or
improvements in accordance with the procedures of state law and
City ordinances; and
I
WHEREAS, the City Manager or a designated employee has
received and recommended that the herein described bide are the
lowest responsible bids for the construction of the ppublic works i
or improvements described in the bid invitation, bLd proposals `
and plans and specifications therefore; NOW, THEREFORE,
1
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the following competitive bide for the i
` construction o1 public works or improvements, as described in the I
f "Bid Invitation a'0 "Bid Proposals" or plane and specifications on
file in the office of the City's Purchasing Agent filed according
to the bid number assigned hereto, are hereby accepted and
approved as being the lowest responsible bide: 1
BID UMBER CONTRACTOR AMOUNT j JI
1121 SUN COMMUOTAL ROOPINC: $10,100.00 ~I 1
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SECTION II. That the acceptance and approval of the above i
compee-E ve bid s shall not constitute a contract between the.City
and the person submitting the bid for construction of such public
works or improvements herein accepted and approved, until such \.j
person shall comply with all requirements specified in the Notice
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to Bidders including the timely execution of a written contract
and furnishing of performance and payment bonds, after notifi-
cation of the award of the bid.
SECTION 111. That the City Pfanager is hereby authorized to i
execute ATT necessary written contracts for the performance of
the construction of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such
contracts are made in accordance with the Notice to Bidders and i
Bid Proposals, and documents relating thereto specifying the
terms, c011ditionS, plans and specifications, standards, quantities F
and specified sums contained therein.
SECTION 1V. That upon acceptance and approval of the above
coupFUEib~ids and the execution of contracts for the public
worka and impprovements as authorized herein, the City Council
hereby nuthoriees the expenditure of funds in the manner and in
the amount as specified in such approved bids and authorized
contracts executed pursuant thereto.
SECTION V. That this ordinance shall become effective
tmmeRaE`ely upon its passage and approval.
PASSED AND APPROVED this the day of , 1990.
E
1
BOB CASTLEBERRY* MAYOR
ATTEST:
JERAI~EA WAL'~ElfIfiY $C tEfrAAY
APPROVED AS TO LEGAL FORM:
DEBRA ADA141 DRAYOVITCH, CITY ATTORNEY
BY:
PAGE 2
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s ~DATE: JULY 17, 1990
T
CITY COUNCIL REPORT
I
TOs Mayor and Members of the City Council
F'ROMs Lloyd V. Harrell, City Manager
SUBJECT: BID# 1121 - ROOF REPAIR POWER PLANT
RECOMMENDATIONS We recommend this bid be awarded to the lowest
5Idder meet ng specification, Sun Commercial Roofing, in a total 1
amount of $10,700.00.
SUMMARY: This bid is for contracting to reroof a section of the
I Electric Production Plant located on Spencer Road.
'I
BACKGROUNDS Tabulation Sheet
PROGRAMS DEPARTMENT OR GROUPS AFFECTED: Budgeted funds for
Electric Production.
t j
FISCAL IMPACTS Account # 610-080-0251-8301.
Respectfully subvitteds i 1
LIO V. Harrell
Prepared bye City Manager
f
-6 ~ vim. ~ ru'
Names Denise
Mann ng i
I
1 Title: Senior Huyer ~ I
Approved: j
Names Toff. Shaw, C, P, M.
Titles Purchasing Agent J
IIr 033.DOC 1
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DID 1 1121 1 1 ! i I I
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111 NAME ROOF REPAIR POWER PLANT ISUN COMMERCIAL I PARCHhAN I CBS RDOFINS I MCKAMIE I JEFF EUBANK I
I ROOFS I ROOFING I SERVICES 1 COMPANY I ROOFINS I
I I COMPANY I I I 1
OPEN DATE JULY 119 1441 I I I 1 I 1
i I I i I i
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ACCOUNT I I i I I I I
. I............ L._ I- --------°----I--------------- I............... I
i l iTY I ITEM-DESCRIPTION ..I... VENDOR I VENDOR I- VENDOR - I - VENDOR _...I....VENDOR-• .I
i I I 1 I i I
..I...._I. I i I i I a
I I I 1 I I I 1~
! I BASE 116 I $!!,711111 I 111,511,111 I 113,441.811 I 114,213,601 1 f16,241,/11 I
I I I I i I I I j
I I 1 I I I I )
i I NAILERS 1 $1.8811 $1.7511 I50111 $2,5181 $21,1111
I I ROOF DRAIN 1 11,881.111 1 1511.111 1 !1,11@,111 1 1411811 1 111119111 I
I I OVERTIME 1 $4.18 HR I 114,1@1 1 $1518/ I 117,/58 1 $25.w I
I I MEMBRANE I HYLOAD I NIL, I NIL, I N.L. i K.L. I I
I i FELT I SSP I TAMKD I MANVILLE I TANKO I OMENS I
I I BITUMEN I TRUMBULL I GULF ST. I TRUMBULL I TRUMBULL I TRUMBULL I
I I ! I I I I 1 ~
I 1 1 I 1 I I 1
I I CASHIER'S CHECK I YES I I YES I I YES I
I I 1 1 i i I I
I I ADDENDUM I YES i YES I YES I YES i YES I
I i I I i 1 I I
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BID I 1121 I I 1
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BID NAME ROOF REPAIR PCNER PLANT IAA APPLICATORS I METRO I OYERSTREET I
I INC. I CONTRACTING I ROOFING I
I I 1
OPEN DATE JULY if, 1991 1 i I
I I 1 i
I I I 1
ACCOUNT 1 I. I .........6-K I .........-.-.-I........--- I -...-I -
1 I TTY i ITSCR[PT16N I YEND4R I 4END4A I VENDOR I VEM04A
..I..... L ..........................L.............. L..-........_..L..............
1 I 1 I I I
i I I I I 1 i
I I BASE BID 1 111,172"1li 1 112,290"111 1 $11,198"111 1
1 I I I I I
i~ I I i i I 1
I I MAILERS 1 13.201 1 13.511 1 111.110 1
I I ROOF DRAIN 1 1611,111 1 $385.111 1 $6101101 1
I I OVERTIRE I 115.1101 $10.1011 $10"1011
I I MEMBRANE I N.l. I M.L. I N.L. 1
I I FELT I PLY 4 1 ABC I OAF I
ff I 1 I1TLKK I TAUMBELI I ABC I OAF I
4 1 1 I I I
I I CASHIER'S CHECK I YES I YES I YES I
i I I I I I I I
I I ADDENDUM I YES I YES I YES I
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COUNCIL
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26511,-5/3689 C
S
No.
AN ORDINANCE. PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES
OF MATERIALS OR EQ UIPMF01' WHICH ARE, AVAILABLE FROM ONLY ONE SOURCE
IN ACCURDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH
,aar r•, PURCHASES FR(Ni REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN
EFFECTIVE; DATE.
WHEREAS, Section 252.022 of the Local Government Code provides
that prGe urempnt of items that are only available from one source',
including: items thnt are only available from one source because
of patents, copyrights, secret processes or natural monopolies;
films, manuvcripts or books; electricity, gas, water and other s
utility purchases; captive replacement parts or components for
equipment; and library materials for a public library that are ?
available only from the persons holding exclusive distribution
rights to the materials; need not be submitted to competitive I
bide; and
WHERF,AS, the City Council wishes to procure one or more of the
items mentioned in the above paragraph; NOW, THEREFOR',
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. 'that the following purchases of materials, equip- i
went or su- ppn es, as described in the "Purchase Orders" attached
hereto, are hereby approved: !
PURCHASE
ORDER N W BER VENDOR AMOUNT
48633 140TORoLA COMMUNICATIONS $22.747.00 j
SECTION 11. That the acceptance and approval of the above
items `eTiall`not constitute a contract between the City and the
person submitting the quotation for such items until such person
shall comply with all requirements specified by the Purchasing !
Department.
SECTION III. That the City Manager is hereby authorized to
execute any contracts relating to the items specified in Section I
and the expenditure of funds pursuant tp, said contracts is hereby
authorized.
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` SECTION 1V. That this ordinance shall become effective
imme3]eEely uupon its passage and approval.
PA83ED AND APPROVED this the day of 1990.
F
I~ _ l
BOB CASTLEBERRY, MAYOR
4
ATTEST:
I
7EAAIFE3ri71CI,TER , CITY SECKr ARY
APPROVED AS TO LEGAL FOR11:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY f
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BY:
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r DATES JULY 17, 1990
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROMs Lloyd V. Harrell, City Manager
SUBJECTt PURCHASE. ORDER 498633 - MOTOROLA COMMUNICATIONS
RECOMMENDATIONS we recommend this Purchase order #98633 to
Motorola Communications be approved for payment in the amount of
r,L $22,747.00,
SUbIMARYt This Purchase Order is for the acquisition of materials
and supplies necessary for transferring Police and Fire radio
communications to the new fiber optic system. This transfer must
be completed before the overhead lines can be removed from the
City Square. The existing line is 25-pair overhead copper cable
utilized to interface Police and Fire radio consoles with the
dispatch site located at the Municipal Power Plant. These radio
{ consoles currently use 21 of the 25 available pair for normal
operation. Transferring these consoles to the fiber optic system
will increase operating speed, allow for expansion of the system,
allow for removal of overhead lines, and the fiber optic system
is not susceptible to lightening or high winds.
These materials and supplies are available only from Moto ola
Communications and are exempted from the normal process by Sate
Law due to patent rights and also, the requirement for
compatibility with the Motorola 800 MGH Radio System.
BACKOROUNDt Purchase Order #98633, Price Quotation dated June
27, 1990.
PROGRAMS DEPARTMENT OR GROUPS AFFECTEDs Police, Fire and
Commun cations Departments, Downtown Merchants,
FISCAL IMPACTS Funds for this equipment will come from Electric
Utility Bond funds for improvements to radio facilities, account
number 611-008-0254-9227.
Respectfully submitteds
Lloy V. Harrell
City Manager j
Pre red byt
Names Tom D. Shaw, C. P.M.
Titlet Purchasing Agent
033.DOC
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MY of Denton, Texas
141 Sam Mar Will Jun 27, 1990
r Se1PFr Jim Manton
/he It Potlce Dept. Site 21 Power Plant Site 71 MY fervlca Colter
REV 1 27•JI11-90 PRINT DATE
ITEM MODEL WE TOTAL UNIT EXTENDED
APC DESCRIPTION 1 2 I all PRICE
ULTRAPORT DIGITAL MJLIIPLEX PRICE
i MW 128A 9 2 Chen Thal 0 1_
Mlg]1294 545 46 than fhe~~'~ _ 41130.00
a' IAAIAN Il S9 2 N re ELM Modem - O 1 y 90.00 2.690.00 MM1RM 7 59 wire ESM Modem 0 173.00 35 0.00
MIIDRX47S A S9 DSU All Rale to 36 KI AS-232 2 0 6 .00 96 .00 00
MAORN4 A S feat got / l Pat 1 0 620.0 p, ;
N64 A feat Patch Panel 1 0. ,
2 9 FUae A arm Pant ; 70• 1101 00 1
MANN A 95 Car Ester er 0. j
NIUDRN 90 A Instruct on Nanwl 2 0~ .0
MMM 9 OA 9S PateA Cab es
0 199 2 2 i M Tolco Cnble - .00
.00
1 D017711 229 . V Cameclor Bloch 11 4 4 16 20.00 .00
1 72721 229 000Ir I Cl I O 11 4 0.00
1 ff Uk 229 4"
1 120 YAC~
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MLSSt) I119 9 PoWr 0 etr but on PaMI } I
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ULLRAPORT TOTAL 122,747.00 j
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CITY
COUNCIL;
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` TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
` SUBJECT: One-Way traffic on east and west frontage roads on
4 I.H. 35
RECOMMENDATION:
f Staff recommends approval
SUMMARY; '
i
ordinance providing for one-way traffic from south to north on
the east frontage road of Interstate Highway 35 between U.S.
Highway 77 and the northern city limits and for one-way traffic
from north to south on the west frontage road of Interstate
k Highway 35 between F.M. 1173 and the northern city limits
I! BACKGROUND_
f The on-going project by the SDHPT is nearing completion and the
State would like for the City to have an ordinance in place
before conversion to one-way traffic is effected, one-way
traffic is safer on frontage roads especially within urban
areas.
PROGRAMS, DEPARTMENTS, OR GROUPS AFFECTED:
Motoring public, Texas SDHPT
` FISCAL IMPACT_
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None
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR ONE-WAY
TRAFFIC FROM SOUTH TO NORTH ON THE EAST FRONTAGE ROAD OF INTERSTATE
HIGHWAY 35 BETWEEN U.S. HIGHWAY 77 AND THE NORTHERN CITY LIMITS FOR
A DISTANCE OF 24,580 FEET; AND FOR ONE-WAY TRAFFIC FROM NORTH TO
ca SOUTH ON THE WEST FRONTAGE ROAD CF INTERSTATE HIGHWAY 35 BETWEEN
F.M. 1173 AND THE NORTHERN CITY LIMITS FOR A DISTANCE OF 260175
FEET) PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $200.00 FOR
VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
I
SCION I. That when signs are in place giving notice
thereof, the east frontage road of Interstate Highway 35, from its {
intersection with U.S. Highway 77 to the Northern City Limits for
a distance of 24,580 feet, is hereby restricted to one-way traffic
from south to north. ?
E
fiZCTION II. That when signs are in place giving notice
thereof, the west frontage road of Interstate Highway 35, from its
intersection with Farm-to-Market Road 1173 to the Northern City
Limits for a distance of 26,175 feet, is hereby restricted to one-
way traffic from north to south.
SECTION III. That when signs are in place giving notice
thereof, any person who shall violate the provisions of this
ordinance shall be guilty of a misdemeanor punishable by a fine not
exceeding Two Hundred ($200.00) Dollars. )
SECTION IV. That this ordinance shall become effective upon i
the installation of signs giving notice thereof, and the City
Secretary is hereby directed to cause the caption of this ordinance
to be published twice in the Denton Record-Chronicle, the official
newspaper of the City of Denton, Texas, within ton (10) days of the
date of its passage.
PASSED AND APPROVED this the day of ,
y 1990.
I BOB CASTLEBERRY, MAYOR
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ATTEST:
JENNIFER WALTERSf CITY ESCRETARY
BY:
APPROVED AS !'0 LEGAL FORM:
DEPRA ADAMI DRAYOVITCHo CITY ATTORNEY
BY:
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HWY77.ORD
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41,
CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: FM 2181 @1-35E signal contract between the City of t
Denton and the Texas State Department of Highways and ?
Public Transportation (SDHPT) j
9
t
RECOMMENDATION:
Staff recommends approval j
SUMMARY:
The City will supply and install two traffic signal timers to 1
control traffic during construction. The SDHPT will reimburse
' the City the cost of the timers and direct cost of installation
up to a total of $12,135.06. ,
{
BACKGROUND: i
The SDHPT is widening PY1181 to four lanes from its t
' intersection with 1-35E to approximately 2 miles south of i
I-35E. The existing signal will be rendered inoperative and
I two controllers will be requirc-i to effectively move traffic '
during construction. {
PROGRAMS, DEPARTMENTS, OR GROUPS AFFECTED: f
` Engineering and Transportation Division
FISCAL IMPACT:
Net fiscal impact is zero. i
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ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
` WITH THE TEXAS STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTA-
TION FOR INSTALLATION OF TRAFFIC SIGNAL CONTROLLERS ON FM 2181 AT
ITS INTERSECTION WITH INTERSTATE HIGHWAY 35E IN DENTON; AUTHORIZING
I THE EXPENDITURE OF FUNDS THEREFOR? AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS;
SECTION I. That the City Manager is hereby authorized to '
execute an agreement with the Texas State Department of Highways
and Public Transportation for installation of traffic signal con-
trollers on FM 2181 at its intersection with Interstate Highway 35E
in Denton.
SECTION II. That the City Council hereby authorizes the
expenditure of funds in the manner and amount as specified in the t
agreement.
SECTION III. That this ordinance shall become effective
immediately upon its passage and approval.
i
PASSED AND APPROVED this the day of June, 1990.
i
BOB CASTLEBERRYj MAYOR
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l
ATTEST: i
JENNIFER WALTERSj CITY SECRETARY
I
BY: 1
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APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY f
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BY s„~
ell- W_
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2943L
AGREEMENT FOR THE INSTALLATION OF
TRAFFIC SIGNAL CONTROLLERS BY A MUNICIPALITY
THIS AGREEMENT is made by and between the State of Texas, act-
ing by and through thr, State Department of Hig wa sthe a,ndCiPubtylic
cled the "atew and of
Transportation, hereinafter Texas,ahereinafterscalled the 'City', act-
iDengntonby, a Dend thnton r Cououghinty,ts duly authorized officers as evidenced by
ordinance No. hereinafter acknowledged by reference.
W I T N E S S E T H {I
d maintains a system of highways and
WHEREAS, the state owns an FM 2181 and I-35E, in the City of Dentons and
roadways, including
WHEREAS, the city has requested the State to reimburse the cost
of obitaini tersectionnofa1-35ESandlFMg2l81, traffic called controller ' Project's
and
operate i
WHEREAS, the State and City wish to con the construe- 3
tion of this Projectl and
WHEREAS, the City desires that a uinpma d to provided that is
compatible with standard signal oper of th WHEREAS, i to sassistethestst to Tint s pP Yi 9ittraffichcontrol
for the City J
equipment on the Projects and the State Highway
WHEREAS, on the 29th day of November, 19881
and Public Transportation commission passed Minute order no. 88031,
approving the Projects and
t
WHEREAS the State is authorized to enter into an agreement with
the City for the Project pursuant to Article 6613-b, V.A.C.S.1
AGREEMENT ~ ~
in consideration of the atiesmher eto ntoo be t
NOW THEREFORE, i by
parties
s mutual covenants and agreements of the
them respectively kept and performed as hereinafter set forth, it
is agreed as follows! j
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Article 1. Contract Period
This agreement becomes effective on final execution by the
State and shall remain in effect as long as said traffic signal
controller is in operation at the described location, or unless
otherwise terminated or modified as hereinafter provided.
Article 2. Construction Responsibilities
A. For all items of construction other than furnishing and
installing the traffic signal controller, the State will prepare
the construction plans, advertise for bids, and let the construc-
tion contract, or otherwise provide for the construction and will
supervise the construction as required by said plans. The State
will secure the City's approval of construction plans prior to
award of contract.
B. The furnishing and installation of the traffic signal con-
troller will be part of the construction to be undertaken by one
City, and the State will reimburse the City for its contribution
to the Project, as prescribed under Article 3, "Compensation.'
Article 3. Compensation
A. The maximum expenditure under this agreement without
modification is $f2 5. O A cost estimate of the work
authorized under th s agreement s marked "Attachment All attached
hereto and made a part of this agreement.
B. The State will reimburse the City the cost of furnishing,
and
n the
locationtaandn manner ofafconstruction cshownll nd described ito the
plans and specifications.
C. The State will reimburse the City for properly supported
costs incurred under the terms and conditions of this agreement.
Costs incurred prior to the issuance of a written 'Work Order" by
the State will not be reimbursed. The State will reimburse the
City for labor, equipment use, materials, supplies, travel ex-
penses, and warehouse or material handling charges, if the City
has already paid these billings from City funds.
Article 4. Payments
A. The City shall submit the State's Form 132, Billing State-
ment, or other type of invoice acceptable to the State upon com-
pletion of the Project and State's acceptance thereof.
B. An original and four (4) copies of the Billing Statement
should be submitted to the following address: P.O. Box 3067,
Dallas, Texas 75221-3067. j
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C. All billing statements shall be properly documented, sum-
marizing all costs by description of work performed, quantity of
materials and devices, unit price, labor costs, and extensions.
D. The State shall make payment to the City within thirty (30)
days of receipt of the City's request for payment, provided that
the request is properly prepared, executed, and documented. 111
E. Unsupported charges or charges made after final acceptance
by the State will not be considered eligible for reimbursement.
The State will prepare a final ao:dit upon completion of the autho-
rized work or at any time an audit is deemed to be in the best
interest of the State,
Article S. Personnel, Equipment, and Material
A. The City will use labor and supervisory personnel employed
directly by the City, and will use City-owned machinery, equipment,
and vehicles necessary for the work. In the event that the City j
does not have the necessary machinery, equipment, and vehicles 1
necessary to perform the work, these items may be rented or leased
as necessary at the low bid price submitted by two or more approved
bidders.
B, The State will reimburse the City for materials purchased
other than by competitive bid procedures only if such procedures q J
are shown to be in the public interest and if the State has given t
prior approval for the use of said materials. All materials used
for the work shall be new and undepreciated,
s
Article 6. Irspection of Work s
)
A, The State shall make suitable, frequent, and complete spection of aandmtoe permit certification that the Proj ct installation
and its
components meet all applicable requirements of the Plana and spec- &
ifications in suitable condition for operation and maintenance by
the City after its completion. J
B, The City will provide opportunities, facilities and repre-
sentative samples as may be required to enable the State to carry
on suitable, frequent, and complete inspection of all materials s
and application methods, and sufficient to afford determination
and certification by the State that all parts of the installation
and the component materials comply with the requirements of the
approved plans and specifications. The State will promptly notify
the City of any failure of materials, equipment or installation
methods, and the City will take such measures as necessary to ob-
tain acceptable systems components and installation procedures
without delay.
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Article 7. Maintenance and Operation Responsibilities
Upon completion of the Project, the City agrees to operate and
maintain the traffic signals at its expense as a part of its street
system and agrees to assume the cost of all electrical power re-
quired for signal operation, including electrical power needed
during test periods.
Article 8. Termination
A. This agreement may be terminated by one of the following
conditions:
(1) By mutual agreement and consent of both parties.
(2) By the State, by giving written notice to the City
as a consequence of City's failure to perform the
services and obligations set forth in a satisfactory
manner and within the limits provided, with proper
allowances being made for circumstances beyond
f
City's control.
(3) By either party, upon thirty (30) days written notice
to the other.
B. if, at any time, the City fails to assume the construction
responsibilities as prescribed herein or the maintenance and
operation responsibilities for the traffic signals in a satis-
factori manner as determined by the State, the State reserves the
right to assume the construction responsibilities or to arrange
for maintenance and operation responsibilities at the expense of
the City.
Article 9. Indemnification
To the extent permitted by law, the City shall save harmless
the State from all claims and liability due to activities of it-
self, its agents, or employees, performed under this agreement and
which result from an error, omission, or negligent act of the City
or of any person employed by the City. The City shall also save
harmless the State from any and all expenses, including attorneys
fees which might be incurred by the State in litigation or in
otherwise resisting said claim or liabilities which might be im-
posed on the State as the result of such activities by the City,
its agents or employees.
,
Article 10. Remedies
Violation or breach of contract terms by the City shall be
grounds for termination of the agreement, and any incceased cost
PAGE 4
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arising from the City's default, breach of contract, or violation
of terms shall be paid by the City. This agreement shall not be
considered as specifying the exclusive remedy for any default, but
all remedies existing at law and in equity may be availed by
either party and shall be cumulative.
Article 11. Disputes
Should disputes arise as to responsibilities and obligations
set forth in this agreement, the State's decision shall be final
and binding.
Article 12. Subletting
The City shall not sublet or transfer any portion of its
responsibilities or obligations under this agreement unless 1
specifically authorized in writing by the State. In the event
subcontracts are entered into by the City, the subcontractors 3
must adhere to the provisions of this agreement.
v
Article 13. Amendments
Changes in the time frame, character, responsibilities, or ,
obligations authorized herein shall be enacted by written amend-
ment Any amendment to this agreement must be executed by both
parties,
Article 11. Insurance
City, as a self-insured entit
forces, shall extend the y performing work only with city Ft
protection of its self-insurance to the
State for any and all damages and injuries arising from City's
performance under this Agreement. The provisions of this para-
graph are solely for the benefit of the parties hereto and not
intended to create or grant any rights, contractual or otherwise,
to any other person or entity.
~r Article 15. Successors and Assigns
The City shall not assign or otherwise transfer its rights or
obligations under this agreement except with the prior written
consent of the State.
Article lb. Inspection of City's Books and Records
` The State shall, for purpose of termination of the agreement }
prior to completion, examine the books and records of the City for
I the purpose of checking the amount of work performed by the City
at the time of contract termination. The City shall maintain all
books, documents, papers, accounting records and other evidence
PAGE 5
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pertaining to costs incurred and shall make such materials avail-
able for inspection by the State or any of its duly authorized
representatives, at City's offices during the contract period and
for three (3) years from the date of final payment under the
agreement. The State shall have access to all such records of the
City which are directly pertinent to this agreement for the pur-
pose of making audit examinations, excerpts and transcriptions.
Article 17. Legal Construction
i
In case any one or more of the provisions contained in this
j agreement shall for any reason, be held to be invalid, illegal,
or unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provisions thereof,
and this agreement shall be construed as if such invalid, illegal,
or unenforceable provision had never been contained herein.
Article 18. Governing Laws and Venue
4 This agreement shall be construed under and in accordance with
laws of the State of Texas. Any legal actions regarding the par-
ties obligations under this agreement must be filed in Denton
County, Texas. j
Article 19. Prior Agreements Superseded
This agreement constitutes the sole and only agreement of the a
parties hereto and supersedes any prior understandings or written
or oral agreements between the parties respecting the within sub-
ject matter.
IN WITNESS WHEREOF, The State and the City have signed dupli-
cate counterparts of the agreement.
CITY OF DENTON, TEXAS
i
BY:
LLOYD V. HARRELL, CITY MANAGER t
a
ATTEST: `
JENNIFER WALTERS, CITY SECRETARY
:t
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APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH# CITY ATTORNEY
F
BYs
~ THE STATE OF TEXAS
b
i BY:
1 TRAFFIC OPERATIONS ENGINEER
ATTEST:
BY: J
SECRETARY I
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PAGE 7
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July 17, 1990
CITY COUNCIL
AGENDA ITEM
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Lloyd V. Harrell, City Manager
Ii
SUBJ. CONSIDER A RESOLUTION OF THE CITY OF DENTOt
EXPRESSING ITS INTENT TO CONTRACT TO PURCHASE N FROM XTHE h
UPPER TRINITY REGIONAL DISTRICT A PORTION OF THE RAW WATER
I OBTAINED FROM THE SULPHUR RIVER BASIN BY THE DISTRICT BY
CONTRACT WITH THE CITY OF COMMERCE AND PROVIDING FOR AN
EFFECTIVE DATE.
RECOMMENDATION:
The Public Utilities Buard, at their meeting of April 24,
19900 recommended to the City Council approval of subject
resolution and contract.
SUMMARY/BACKGROUND:
I On May 24, 1990, the Council reviewed the
Upper Trinity Regional
Water District (UTRWD)/City of Commerce water Contract and
requested additional inturmation regarding other alternatives and
requirements for future raw water. On June 26th, the Council had
a Work session regarding this proposed raw water contract plus
other issues relating to the UTRWD,
SUMMARY OF DENTON'S SUPPLIES, REQUIREMENTS !
AND ALTERNATIVES
j
1 1. Denton's existing raw water supplies are:
Lake Lewisville 4.6 MGD
Lake Ray Roberts 19.8 MGD 1
TOTAL IT-' D
r ~ 2. For raw water supply planning, it is necessary to plan for
i drought weather conditions of 200 i
gallons per day per person
which are considered to be 1.58 reat
normal weather use of 165 to 175 GPD er than Denton's present
~ j
3. Denton presently has sufficient supplies for a population of
122,500 which would occur in 2013 with 2.58 per year grown,
or 2002 with 58
per year growth. Denton's growth has been ?
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3.58 between 1980 and 1990 which, if this growth continues, :
Denton will need additional raw water supplies in seventeen {
years or 2007. Considering that it takes 10 to 20 years to
develop future raw water supplies, Denton needs to begin
researching its alternatives.
4. Denton's Long-Term Raw Water Supply Alternatives are:
a, Buy from Dallas
Advantages:
Requires the lee.3t amount of effort on Denton's
part.
Price will be Dallas' average reservoir and
L
pumping price,
Dallas ::as supplies sufficient to 2030. 4
Disadvantages:
Dallas prices will increase substantially as they
begin to install lines and pumping facilities to
their remote reservoirs.
Dallas may not want to serve Denton's future
requirements. 9 {
b. Sulphur River Basin
Commerce Water
Future George Parkhouse Reservoir ,
Advantages: '
Commerce Water is relatively cheap since land was
purchased several years ago and federal fund {
III interest rates are in the 38 range.
- Commerce project would get Denton County involved
in the next phases of Sulphur River Basin
development.
The next major water project in North Texas will '
probably be the George Parkhouse Reservoir II
which is near the present project.
e
Disadvantages
Denton will need to participate with others and
coordination may be difficult.
There will be legal challenges to the UTRWD
gaining supplies from the Sulphur River Basin. `J
Investments in the legal challenges could be lost
if UTRWD loses.
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C. Texoma
Advantages:
h
- Very large supply of water
Fairly low cost
'h Disadvantages:
` - Water quality is poor
Dallas presently prohibits Denton from using
Texoma water
- Cleanup of water quality would be expensive
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d. Re-Use of Wastewater Effluent (via recirculation to s
` Lake Lewisville) j
f Advantages;
Least expensive alternative
Denton is in ideal location for
recirculation/re-use.
Disadvantages:
- State of Texas retains rights to wastewater
effluent for reallocation to "down river" cities
Public perception may be negative
DETAILS OF COOPER RESERVOIR WATER
1. The Cooper Reservoir is owned by the Federal Government and
is being constructed by the Corps of Engineers. The local
sponsors and their share of the project are:
39 3 MOD
North Texas Municipal Water District .3 MOD
City of Irving 39
Sulphur River Municipal Water District 28.0
Commerce 11.7
Sulphur Springs 13.2 {
Cooper 3.1 li
2. The City of Commerce and UTRWD have entered into agreement '
whereby the City of Commerce has agreed to sell their 11.7
MOD share to the UTRWD for a period of 50 years for a
$50,000 upfront payment, plus assume Commerce's position
with respect to all Sulphur River Municipal Water District
and Corps of Engineers payments plus a 51 administrative fee.
ty
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3. The estimated 1991 UTRWD budget is:
Payment to Commerce $50,000
Payment to Corps 63,241
Legal Fees 500000
Engineering reasibility Study 86,759
Total $2.s0- U-6
4. UTRWD's Anticipated source of funds for this estimated
budget is:
4
Denton Lewisville (33-1/38) $83,325 e
Highland Village {16-1%68) 83,325
DFWD #1 (16-1/68) 41,663
Total $2SO4~1t_r0006_6_3_
5. The distribution of the 11.7 MOD of raw water from this
project is:
Denton 2.0 MGD
Lewisville 2.0 MGD
Highland Village 1.0 MGD
' DFWD #1 1.0 MGD
UTRWD (others) 5.7 MGD
Total 11.7 GD
Advantages:
- Water is relatively low cost
will provide water for 10,000 people
- Will give Denton an opportunity to develop a presence
in other regional water sources
Disadvantages:
~ i
If - Will be legal battles
NTMWD would like to retain water
Other Sulphur River cities may want water
Texas Water Commission must authorize transfer
If Denton does not participate, other Denton
County cities will assume Denton's share
f - if successful, UTRWD will reimburse $42,000
` - If unsuccessful, Denton will not recoup $830325 ° I
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FISCAL IMPACT:
Cost $83,325
` Source of Funds: Water Department Budget
PROGRAMS, GROUPS OR DEPARTMENTS AFFECTED:
Denton Municipal Utilities, City of Denton, Water customers,
Upper Trinity Regional Water District, Legal Department, City
ouncil, City of Commerce. }
Respect lly submitted,
v '
I;loyT/Harreii y Hager
3
Prepared/Approved by:
R. E Ne son, Execut ve D rector
Utility Administration Department
Exhibit A Resolution
B Contract
C Minutes of PUB Meeting of 4/24/90
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RESOLUTION NO.
A RESOLUTION OF THE CITY OF DENTON, TEXAS, EXPRESSING ITS INTENT TO
CONTRACT TO PURCHASE FROM THE UPPER TRINITY REGIONAL DISTRICT A
PORTION OF THE RAW WATER OBTAINED FROM THE SULPHUR RIVER BASIN BY
THE DISTRICT BY CONTRACT WITH THE CITY OF COMMERCE; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City of Commerce has rights to approximately
11.72 million gallons per day of water in Cooper Reservoir on the
Sulphur River, which is excess to its current needst and
WHEREAS, the City of Commerce approached the Upper Trinity
Regional water District regarding its interest in purchasing the
excess water for use in Denton Countyt and
WHEREAS, the Water Master Plan for Denton County identifies
the sulphur River Basin as a probable future source of water for
Denton County# and
WHEREAS, the District has determined that the cost of water in
Cooper Reservoir is very favorable, compared to alternate sourcess
and
WHEREAS, the District is negotiating a contract with the City
of Commerce which provides for the purchase of water by the
District tar up to one hundred years; and
WHEREAS, the terms of the Contract require the District to
reimburse the City of Commerce for its cost and to pay the cost of }
obtaining regulatory approval to authorize the interbasin transfer
of the water to Denton Countys and
WHEREAS, the only source of funds to the District to fulfill
its financial obligations under the contract is from contracts with
member entities to purchase the water and guarantee payment; and
WHSRZA/, the District proposes to apportion some of the water 1
to certain entities on the condition that they provide interim
financing to implement the contracts NON, THERSFORS, j
BE IT RSSOLVED BY TITS COUNCIL OF THS CITY OF DSNTON;
SECTION I. That the City of Denton hereby e3tpresses its
support to the Upper Trinity Regional Water District for attempting
to assure an adequate and reliable water supply for the region.
EXHIBIT...,.
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SECTION That the City Council of Denton indlcatea its
intention to enter into a contract with the District to purchase
and guarantee payment for at least two (7) million gallons per day
of the raw water to be obtained under the proposed contract between
the District and the City of Coraerce.
SECTION III. That under the contract with the District, the
City of Denton, along with other entities and iu return for the
senior right to obtain a portion of the raw water the District
purchases from the City of Commerce, intends to provide to the
District a pro rata share of the interim financing necessary for
the District to implement the contract with the City of Commerce.
Interim fittr•^ainq is intended to be provided for about three years,
which In the estimated time necessary for obtaining regulatory
authority of the interbasin transfer and to prepare an anglnserinq
report regarding alternatives for transporting the water. It is
expected that the interim financing provided by the city of Denton
will be assumed and repaid by all the entities who participate in
the District, on a pro rats basis.
i Sac~rlnN IV, That this Resolution shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of , 1990.
i
RAY STUMS, MAYOR
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ATTESTe
,'MIRK FALTERS, CITY SECRETARY i
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bye
APPROVED As TO LN" FORKS i
DEBRA A. MAYOVITCHo CITY ATTORNEY
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by, COENtre
PAGE 2
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f{Syl
' Jasuaq li, 19s0
potential for purchase e! Wtsr pads
City Of CMMtC$ in Coepos laserveir
hlopkiss and Delta Counties
Apyrosiaately 70 Miles last of Denton
l- to bbuild Cooper Reservoir with the
19N
on the sulphur River. ss (Cd{) in
A. North Tax" Municipal Water District,
b. City of Irving.
' a. Sulphur liver Municipal Voter District. f
2. The sulphur liver Municipal Water District is oospoaod oft
as City of Coates, E
b. City of Sulphur Springs,
c. City of Cooper.
3. The approrimte vishts bold by each party area
dUM UW
MIIIMA
30.71 sgd a
Irviag 70131 "d
Cesisarce 1142 sed
sulphur St"s 13.1s egd
F Coops 3.12 sod
1o Sdoaae of delays in conplatiee of the projoet, the City of Connoted
aada alternative arraagaaants for a water apply Out of Lake T wo-
booio Cowaaroo entietpsts as nedd for the water is the foreseeable
futures tharefore, they have indicated as int rset in selling all or
I a purtios of the voter under terse that allow tbu sese. to the
rater in the Mono I
S. Sovowal diseaussime about the water have tam rrises betwida the
City ed Cs~ssse and the Nipper triaity Males 1 Vetes Au I
Ion. sloes Mevenbsr 11, 1"S. !bs City of C taros has reeta!laid a ssist
than to ' other Uiag Oft aLi be" been eautsetedo~ a boor. Agencies
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Potential for pureha" of water
January 1s$ 1949
6. The project has a favorable interest rate floe than 66) comitted
in the = contract. It is anticipated that the federal loverneeat
will honor the interest rate upon completion of the project. seta.
duled for 1991.
7. us" oe Co
cps o! bigiaeors "tiaata provided to the City of Car
its * t172 the aatI including annual debt service and OM expanse for +
mbd yield, will bee 1
AE~i61.2~bni _ 111060
Years 1 to 10 62,261 X0.013
Years 11 to !0 235,623 0.060
Years 31 to 60 192063 0.043
Thsse costa are few raw water in the reservoir and do not Laclede
ralepiabe trassmiegian or tratmant. These coats are subject to
change based on actual costa for the projeet.
6. The board at tMft is of the opinion that acquisition at this water
eaaurse for Dotes Casty is consistent with the motor plan and Is
is the bat interest of all perticipssts is the regional
syeten.
with Canserce are asdemvay to detemsine it aawtually i
beneficial abresmeat an be made.
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9. It en yseemeat to obtain this water as be aegotiateds otber "ties
will need to follow.
a. Evaluate alternatives for transporting the water to Destoe 1
Comityo
b. Obtain co itments from as or sere entities in Dates Covaty
to pars*W psym of !or the water and to pertioipate with
As arransmants far transportation ad nee.
10. TM lint payment ter this water will be due upon "mplatics of the
projects sNedrled for 1991.
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ALLOCATION (W WATER RIGHTS
NO A
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44
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MUTU sUU CoWn."n
by and between
the City of Cosaeroe, Tense
and
the Oyer Trinity Regional Mater District
Dated
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wun sku Comucr
T,afs or cowstam
PAU
ARTICLO I
4lOfial
1.01 0
1.0= IKLU"0.................................... 0
ARTICLI IZ
We at Mater
=801 sal 8
a 02
2.01 lliina of !al!
.•r! Mater ! et Mater tre= e•~-s-a_.~a
,~eiai _ lteraq .
2► 04 W.
us& at
M►.....► li
1808 Tatra ■!nt to "aat rim of Mater trees
Aadimant-AfAram la
2604 40964 a• 4.•••
2807 13
13
0• MaurI • ► • • ► ► • ► • • ► ► ► • ► ► • • • ► ► • • ► ► 18
2:0f 20munsibilits Cori 1*
0►10 0~lall y of -0 Be ef0$40..► 17
2.11 ~~...►•►►•••►►•,08•►•8••►a.aaA•a••►•►•8►•►. 17
ARTICLi IIS
by @euarea
3.01 =1
380= TokIMI&I tie oat
MAJ ien ltnr cer!nt /iaa
a~ nty.tiya lare2sl# LAL
34
380
• • ► ► • ► • ► • 8 ► ► ► 8 ► ► 8 8 • • •
1.04
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3.05 dale of Water After ~eDiratian e! Third term
• ~ btrrdiu of Tsir'~-~
T~i7 1• 28
3.06 CiacentinuAWA A..
C1lrteil>tent of Water eeriide "
3.07 oetion far !Lrehass of Interest in •paeity
er Water taeilitias Ron fcrreiae of
2!
3.OS ACtiene in »tent of Qnenferes bilits of
Certain Previsiene al Contract 31
3.0! blr4aRN '1IDDit~0l~alCl 31
3.10 by MIWD ft2n Wetiee of Ta}•ieitieR
Cerrrrde 32
by
3.11 e tie e Pride Adiuatuent Related to Water
Tavetani.....
33 II1
ARTICLI IV
![iedal lanee~u
4.01 Pey~ente are 34
4.02 date CeyrnaRt.s..►..►.►►...►►.......'..•►..~. 34
4.03 Advisers roemittafif
3f .
4.04 MMORLU9 3! 91MAMFICAtion 4005 3!
4►0i BMAd14I MWn IWA9U................\...... 38
4.07 ~y r or
Ca 3!
4.06 i:`antraetst Glhrr Wete~ .....s.s....... 39
4609
Ppi'~~ 40
4.10 d~'lO~i~113~~ .....................s.......... 11
1.11 11
4012 42
4.13 Lala11LY 42
4.14 Vim... 42
4115 An xoL,bxliee ~edutina Aar rant.... 43
4.1!... 42
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WATn Lux CO1TMCT
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This water Sale Contract (the "Contract") by and between the
r City of Caamerce, Texas ("Cosmarce") . a boas rule city, and the
Upper Trinity Regional water District ("tT IMn"), a Political
subdivision of the State of Texas organised and operating under
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Article la, Section SO of the Texas Constitution, is made as of
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the day of , lost.
RICITALi
wi!l MU j the united States Army Corps of sngineers (the 8=9)
is in the process of constructing coo" Reservoir, (the
"Resarvoir") on the Sulphur. River, wbicb Reserveir will have
storage capacity to impound approximately 404.400 acre-feet of
water, including 11=0000 acre-feet at water for asnioipal and
industrial water supply purposes (between elevations 415.5 and
440.0 fast msl) and 171,400 acre-feet of water for flood control
storage (between elevations 440.0 and 44tJ feet msl)f
wmMal the an has entered into agroeaents with Worth Texas
MmlaipoI Voter District ("Korth Texas"), the City of Irving
(mIrvinge) and the Snlpbur River Municipal Water District (0210 D")
whereby said entities collectively have agreed to pnrabsse one
hundred percent of the water storage space in the ftoorvoir for
municipal and industrial water supply purpeeeso copies of said
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5 r' y` a9reements being attached hereto as fthibits •A•, ■i• and •C•,
respectively;
WEXPA", to evidence its purchase Of said water storago spats
S MD has entered into an agreement with the COX (Contract No.
DACM29-49-A-101 supplemented and amended by supplemental Agreement
NO, 1 on July 15, 1974 (Jointly, the •cos/slam contracts), a copy,
oOf which is attached hereto as exhibit "Ds, or for the purchase of
a total of 71,750 acre-feet Of water storage space in the
Reservoir for municipal and industrial purposes, obligating $Pim
to pay (during years 1-50 after completion of construction of the
Reservoir) for 17,750 acre-foot of said water storage space in the
i
Reservoir as a source of initial municipal and industrial water
supply ("SUND's Initial Mater Storage Rights) and to pay (during
years 11-60 after completion of construction of the Reservoir) for
an additional 54,000 acre-coat of said water storage space in the
Reservoir as a source of future municipal snd industrial water r
supply (8881ND1a suture Mater storage Rightas)I {
UMMU, the COX/SRMND Contract provides that on= may, at
the sole option of ss01ND, accelerate the timi of '
payment for,, and ~
right to use of, ss81N101s suture Mater Storage Rights#
r i MM1s, the total annual diversion permitted by the Texas
f 1
Mater Commission (tea ■TM O) from. the Reservoir by 001-10, Worth
Texas and Irving is 144,5=0 acre-feet per annum (130.8 mgd), being
704 for municipal ass and 300 for industrial eel
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wl[LRZAs, firm yield studies performed by various engineers
have indicated the firs yield of the Reservoir to be 104.44 x9d or
a #1.53% *it the total annual diversion amounts permitted by the TMC
to no p worth Texas !nd Irving, ooliectivelyt
vK9RZhs, iRWO has obtained approval of and a4thorisation for
storage, diversion and use of voter available from its voter
storage space in the Reservoir under certificate of Adjudication
No. 03-4797 ("Ch No, 03-4711•), a copy of vhich is attached hereto
„yam, as Zxhibit "Z", and Permit No. , a copy of vhich is
attached hereto as Zxhibit "T", from the TwCJ Ii
MflZilths, CA No, 03-4797 authorises MWO to divert and use 1
30,320 acre-toot of voter per annum from the Reservoir for
municipal and industrial purposes (being 701 for municipal use and
300 for industrial use)l
wlIZREAS, same has entered into agreements with • comsorce,
the City of sulphur springs ("sulphur ipringo") and the City of
Cooper ("Cooper") (copies at said agreements being attached hereto
as Zxhibits ■d", one aM •i", respectively) wheroby said cities
oolloctiveiy have contracted to pt-chase one hundred percent of the j
water stored and made available '4r diversion and use by UWD's (I
Initial and Future slater storage Rights in the Reservoir= I
VM", Oo■maroe, Pursuant to the agreement attached as
Zxbibit "0" (the "CemmRree/81MM Contract") bas agreed to purchase
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301000 aere-feat of asm,a initial and Future water storage lights
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in the Reservoir, which 30,000 acre-feet consists at 1,000
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acre-fast of swom's initial water storage Rights ('Commerce's
initial Mater storage Rights') and 27,000 acre-fast of I MMD's
Putura Mater storage Rights ('Commerce's Puturs Mater storage
Rights')
vxsMAS, Commerce is entitled to 41.6120 of sRWXD's 71, 7S0
acre-feet of initial and Future Mater Storage Rights in the
Reservoir and is therefore entitled under CA No. 03-4797 to the
diversion and use of a total of 16,106 acre-foot of ester per year
from the Reservoir (4,294 acre-feet per year under its Initial
Water storage Rights and an additional 110912 acre-foot under its
future water Storage Rights), being 700 for municipal use and 301
for industrial use ('Commercels Available Permitted Water•)#
VKtRW, Commeice's portion of the Reservoir's firm yield is
a total of 13,122 acre-feat per year (3,496 acre-feet per year
under its Initial Water Storage Rights and an additional 9,624
acre-foot per year under its Puture Water Storage Rights), being
70% for amm+ioipal use and 300 for industrial use (•Cemmeroe's
Available lira Yield');
Mm MW# it is presently estimated by arginears that the firm
` yield of the Reservoir could possibly be inemreased by approximately
130 by securing permission from the Cos and IN to utilise the
370000 avre-test of sediment storage space in the Reservoirf
wxxnAS, Commerce is villing to sell voter from the Reservoir
10 on a temporary, interim basis, only vith the clear and unequivocal
' agroament and understanding betveen Ceamarce and wTFM as provided
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in this Contract that Commerce fay teminste or curtail, either
partially or wholly, the sale of such water to O'P1lwD for the
o- ,
masons, at the times, to the extent of and caber the ,terms and
provisions provided in this Contract and may enforce such
termination or curtailment by mandamus or other maedy as provided
herein or by applicable laws
VURW, VMD (and its predecessor, the Upper Trinity
Municipal water Authority, inc.) have caused various engineering
studies to be made to determine the availability and coot of
various potential raw voter supplies to OTRW and its member
cities;
wxgRZAs, UTAwD intends to obtain additional water from other
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sources at later times to east the further nods of its customers
and agrees to timely replace the supply of water provided under 1
this Contract at such times as water service under this Contract
may be curtailed or terminated, either wholly or partially, and in
that connection, VIM agrees to timely undertake and complete the
reasonable planning and construction effortw to obtain such
additional replacement water supplies;
VKU MUO UTo dssires to acquire water from Commerce from
the Reservoir an a temporary, interim Danis under the terms and
provisions at this Contract; and t
wM1w"O cDosoeroe demise to sell to VMD water from the
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Reservoir am a temperary► interim basis mbar the terms and
provisions of this Contract; a
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NOW, T=tZ PORS, for and In consideration of the promises and
the mutual covenants and undertakings of the parties hereto, the
sufficiency of which is hereby acknowledged and agreed.upon, the
parties hereto agree as follov3:
AMCLA I
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1.01 per.
"Additional Terms means a period of time beginning at the end
of the Third Term and thereafter continuing for a period of So
years.
"CA No. 03-4797" means, Certificate of Adjudication No. 03-1797
Issued to the sulphur River Municipal water District by the Texas
water Commission.
0003" moans the United States Army Corps of Vgineers.
OCOE/SR?M Contract" seans, collectively, that 1cortain
agreement (Contract No. Di1CM29-68-A0101) dated March 29, 194$, as
supplemented and amended by Supplemental' Agreement- No. 1 dated
July is, 1974 between the United States Army Corps of =rginsors and
the sulphur River Municipal Water District for the purchase of a 11
total of 71,750 acre-fat of water storage space in Cooper
Reservoir by the Sulphur River Municipal Water District.
"Commerce* scans the City at Comsseroe, Texas,
"Commerce's Available Firm TWO means Commerce's share of
that amount of rater which can be continuously lied from Cooper
Reservoir on an annual basis through the worst drought of record,
said amount presently being estimated to be 13,122 acre-fat par
year.
OCosserce's Available permitted Water" means Cooerce's share J
of the amount of water permitted under certificate of Adjudication
No. 03-4797 for diversion and use for municipal and Industrial
purposes, sold asount being 14,104 acre-foot per year. JJ'
OCemmisrce's Future Water storage Rights" means Commerce's 1
additional share of the available municipal and industrial water
storage capacity in Cooper Reservoir for future use under the
COS/SRMIND Contract by payment in years 11-40 after completion of
construction of Cooper Reservoir or at such earlier time as 1
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Commerce and Sulphur River Mueicipal Water District say request,
said amount being 220000 acre-toot.
•Coaerce's Initial Termination option.
Commerce under Section 2.02 of this Contract to means the right of
service to the Upper Trinity Regional Mater DisttrictlIy'an amoount
up to twrnty-live percent (254) of the water Otherwise oommitted
hereunder.
"Commerce's Initial Mater storage !tights" means Commerce's
share of the available municipal and industrial water storage
Capacity in Cooper Reservoir for initial use under the Co!/SRttwD
of Cooper Xoservor said amount after sotis~teld to be 00000
acre-feet.
Commerce under Section .07 Termination of this Contract to means the right to
service to the Upper Trinity Regional Water District in an amount
up to fifty percent (sot) of the water otherwise coaoaitted
hereunder.
Commerce under S cction 3.0 i atlothis Opt Contra~M the right of
totally terminate service to tat to
he Upper Trait partially er
District in an amount up to all of the water otherwise ° col mmitted
hereunder.
of aoes~ otionn Date" means the earlier of the date of completion
states Arrmy Corps of Cooper Reservoir as certified by the United
Rni ates. permits of e n gineers or the date upon which the Corps of
St
by sulphur River Municipal WWaoterr Ri trict os md.~ ed and used
"Contract" means this contract.
"Cooper" means the City of Cooper. Texas*
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"Delivery point" means the point or points on the perimeter
at Cooper Reservoir or as otherwise agreed herein at which Comseres
agme to provide water under this Contract to the Upper Trinity
I , Regional Water District.
s
"Drat N sans the City of Denton, Texas.
"ftargeesy" soon a sudden unexpected happening? an unforseen
oocurrense or oonditiont a sudden or unexpected occasion for
actiant adrnoyt sing neeessityt or a relatively permanent
condition or inhvllioiency of service or facilities resulting in
social disturbance or distress.
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1 "fiscal Ysar" mans the period beginning each October 1 and
andinq the next septamber 106
"Initial Tea" mans a period of time beginning an the
f Completion Data and thereafter continuing for fifty (so) years.
"Irving" mans the City of Irving, Texas,
•terisville• means the city of twvisville, Taxes.
"Meter" mans the meter, facility, or mechanism mutually 04 1
agreeable to the parties to measure the amount of water provided
to UTMM hereunder,
"North Texas" means North Texas Municipal Mater District.
"Aeservoir* mans Cooper Reservoir on the Sulphur River.
I` "Second Term" mans a period of time commencing upon
expiration of the initial Tea and thereafter continuing for
4 tvanty-five (is) years.
"SRMMD" means the Sulphur River Municipal Mater District.
"SRMWD's future Water Storage Rights" mans Sulphur River
Municipal water Districtfs additional share of the available
municipal and industrial water storage capacity in Cooper Reservoir
for future use under the COB/511M Contract by payment in ears
I~ 11-40 after the completion of construction of Cooper Reservoir or
at such earlier time as Sulphur River Municipal Mater District may
request, said amount being 54,000 tore-feat.
"SRMMDfs Initial Mater storage Rights' mans SRMND"s share of
the available municipal and industrial water storage capacity in
Cooper Reservoir for initial use under the OOS/SRMWD Contract by
payment in years 1-50 after completion of construction of Cooper
Reservoir, said amount being 170750 acre-foot.
"sulphur Sprirgs" means the City of Sulphur springs, Texas.
f "Termination Date- scans the data open which the obligation
of Cowry to provide avatar to Upper Trinity Regional Water
District ender this Contract will totally terminate by reason of
i action or inaction of the parties hereto as provided herein.
"Teraination Options" mans Commerce's Initial Termination
options Commerce's Second Termination option and Commerce's Third
option.
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•Thicd Tssm* means of a period of flcontee
r,, the SerCnd Tara and thereafter inu~anclrq upon aspiration
years ing tos twat - i
r t v. (2s)
means the Texas Water Codission.
'CTRMD• 'sans the oppar Trinity Regional Mater District.
1.02 XMLUU- ul exhibits attached hereto are true and
correct Copies of the originals of sue and are hereby imoorporsted
by reference herein for all intents and purposes.
AMCIa 11 t
V1Lat.]h,Llt
2.01 90Alt01, Commerce agrees to sell to wr MO and
hereby agrees to purchase from Commerce an amount of rav eater from
the Reservoir equal to the total amount of Voter to which Can"
I
Is entitled from Coamereels Initial Mater Storage Rights and future
water Storage Rights in the Reservoir under the COS/Sn" Contract,
Ch No. 07-4797 and the Co"arce/SRM Contract all in accordance
with the terms and provisions, and for such iate!imperiod, set forth in this Contract temporary
and all subject too and limited
d
limited
by, the term and provisions of the oMIU MO pomtract, G i
f No. 02-4797 and the Carer"/pmp contracts ~
r { 2.02 ' I
&Awau asjeat to the provisions of
Sections 2.00 - 2.00 of this Contract
asmmew
Lhi an the Ceaplation
Date* Co■aeroe agrees to sell to OTRMD and "M D agreee to purchase
from Commerce at the Delivery feint from Cosserce+s initial and/or, '
as appreciate. suture Mater Storage Rights in the Reservoir under
the CCaaerce/gape Contract, the COs/ON= Coact and Ch-04-4797,
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a total Maximum amount of M104 acre-feat par year of permitted
diversion or 13,122 acre-feet per year of estiaated firm yield of
the Reservoir.
2.03 Timiee of aalaa er watar tree Ce- rcav• * At IA and
lutura Naatar steraga Rights, The water agreed to be sold to OTM
by Cossterce under this Contract is based on Commerce's Initial and
Future water storage Rights in the Reservoir. Collectively, the
Cos/AIMwD Contract and the Coaaarcy874WO Contract provide that
Commerce will pay for its share of principal, interest and
maintenance expanses of the Reservoir for Its Initial water storage
Rights its annual installments during the first fifty (50) years
after completion of construction of the Reservoir as certified by
the Cos and for Its Future Water storage Rights in years eleven
(11) through sixty (60) after oomplation of the Reservoir as
certified by the Cox (the *Completion, Dote*). Movever, Commerce
I has the right under the Comaerce/I MwD Contract to require STMWD,
pursuant to the COx/sRMwD Contract, to aocelerate access to and use
of Commerce's Future Water storage Rights in the Reservoir and, j
in the went of such acceleration, payments by Commerce to I MM
and from on= to the Cox are aocelarsted.
Own hereby agrees that the amount of Water to which it is
entitled order this Conl..act during the first ten years after the
Completion Data shall be limited to water made available by j J
Ca■meros's Initial Water storage lights (3,294 sore-feet per year
of permitted annual diversion or 3,498 gore-feet per YOU of
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estimated firm yield) unless tTPRMD notifies Coswrce that it
desires to accelerate access to and use of Commerce's Future Mater
Storage Rights during the initial ton-year period after this Comple-
tion Data, in which event Commerce shall socelerate its right to
Future Mater Storage Rights in the Reservoir under the Coss-
merce/SM" Contract (and, correspondingly, S MMD shall accelerate
its right to Commerce's Future Mater Storage Rights in the
Reservoir under the 002/83MMD Contract). In the went of such
acceleration, CTR11D egress to acxelerate its payments to Ccmmsree
as hereinafter provided for water made avail '.e by Commerce's
Future Mater Storage Rights.
2.04 sareement to ChAnds Punasa WA Place a! Oa o! Malaz,
Commerce's right to divert and use water made available-by its
initial and Future Mater Storage Rights are duignated for use only
in the sulphur River Basin and are specified as seventy percent
(70%) for municipal use and thirty percent (304) for industrial use
in the Co1/SRMMD Contract and in CA Not 07-4757. As further
provided in Section 4.04 hereof, Cosm»rce and OTRMD her"Y Wes
to jointly use reasonable efforts to meeusis approval, if
necessary, by the 001,. I AN the TWO.. and, any dither appropriate i
3
governmental or otber entities of a change in the place and purpose
of ume of such water to add authority to divert the water for use
In the falsity river Basin within this District or its environs for
up to we hWWred percent (1005) municipal purpose.
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2.05 aereaseat to Raauaat use of Mater from aadimartt atoraae. x„
r Commerce and CTRUD agree to jointly use reasonable efforts to
explore and discuss with, and to obtain approval of, MW o Cat.
Twc and other appropriate entities for Commerce to utilise and *all
to vrMrD voter made available by accessing Commerce's pro rata
share of any sediment storage capacity in the Reservoir for
municipal purposes for an interim or other period of tire. kit
reasonable sxpensas of such efforts, the amount of which shall be
"°j') agreed upon prior tc expenditure thereof', shall be paid by VTRRUD.
8 MMD's share of such sediment storage is presently estimated to
be 9720 acre-foots Commerce's pro rata share would thus be
4044 acre-feet (91.9129 of 9720 aMM-feat). it commerce is
suvoessful in obtaining approval to utilise water made available
from Commerce's pro rata share of sediment storage space in the
Reservoir, than any such additional water shall be made available
by Commerce to Vr MD under the tors and conditions of, ^nd for the
interim, tss"rary period provided -in, this Contract. The only
additional consideration to be paid by VnM for any such
additional voter shall be to reimburse Camara* for any expanses
incurred by Commerce in obtaining mA providing such voter. if
any such additional water is obtained, the parties agree to enter
into a suppiemcnt to, and amendment of, this contract in order to
ttirther evidenae the safe of such additional voter to MW by J
Commerce as provided herein. I
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2.Oi baliy.rv +in Mater provided
by Commerce to MWD
undOf this Contract shall be yrovided at a Point or points
(collectively, the *Delivery
Point') actually agreeable to the
parties hereto and subject to the approval of the Coto, SYMM and
!4 any applicable regulatory authorities.
2.07 Damian t~~ien et ~iver~iew .
ZiCSli,L~a!
(a) O17lwo, at its 8010
expense, am" L hull all facilities
necessary to divert, transport, treat and, sxc*pt for the
Reservoir, stc,. pater provided by Commerce under this Contract.
All Ouch facilities (other than the Reservoir) shall be initially
00"tructsd, owned, op+rated, maintained, repaired and replaced by
n'i'M- such facilities Shall include a motor ex other facility or
mechanism acceptable to both parties (the stteter•) for the purpose
of maaauring the amount Of vRtsr provided to UMV under this {
Contract to ensure compliance with the terms of this tbntraot and I'
to allow Commerce and pggMD to aeosratoly report the amount of
water diverted and used from the Reservoir,
(b) it is the stated intention and clear prOfersnoe of OnWD
to enter into an interlooal agreement with North 'i'ons and/or
others to finance, oenstruct, operate and maintain Joint diversion
end transpertation facilities, which facilities may or may not
traverse Commerce or be located in close proximity to Commerce, in
soh event, VfRMD will provide Commerce with the location, design '
and construction plans and specifications of such facilities,
.lam
ell
including the Meter, in advance of finalising such plans or
r' commencing such construction, for any comments and observations as
o
commerce nay have, In the event the Meter is shared with Worth
Texas or other diverters, the parties shall agree, prior to
diversion by OTRwo, to a method of allocating VMD's use of water
under this contract as a portion of the total diversion through the
Meter.
(e) in the event OTRY is unable to consummate an agreement
as described in section 2.07(b), OTW will coordinate with
Commerce the location, design and construction of facilities needed
to utilise the water sold herein, including the route of any new
water transmission main to be oonstructed: Camara* will assist
OT1ttsD with any approvals required fair rights-of-way within
i
Commerce,s city limits. Design of, plans and specification for and r
construction of the raw water intake, raw water pumps, motor and
raw water transmission win, or any replacements, improvements or a
a
betterments thereof, from the doss is thrc"h Commercel@ city
limits shall be subject to prior inspection, review and approval
by Commerce, which approval shall not be unressonably withheld or {I
delayede
prior to oo■mewLail oonstruction of any such facilities, OTfl1fD
shall provide at least sixty (40) days written netios to Commerce
I ! ~
j accompanied by a oW at the plans and specifications for such
improvameats. Cameros shall have the right to review and approve
any such plans and specifications (and any subsequent changes to i
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or deviations theretroa), which approval shall not be unreasonably
withhold. prior to aommencinq any such construction, O'PWD shall
give Commero6 at last thirty (30) days notice of its intent to
commence such construction and Commerce shall have the right to
periodically inspect and approve such construction to assure its
conformity to the approved plans and specifications, which approval
shall not be unreasonably withhold or delayed.
(d) To facilitate Commerce's having emergency access to a
portion of the water in accordance with Notion 3.00 of this
Contract, tTT7tM agrees, as part of its original construction, to
I install in its pipeline, at a location mutually acceptable totTrM
and Coeaorce, an appropriate connection, tap or flange. The exact
location, sise, nature and configuration at the connection, tap or 1
flange shall be determined by-subsequent engineering study, which i 1
study will be made available to Commerce tos•rwiw and approval,
f which approval shall root be unreasonably withheld or delayed. Any f
facilities desired or needed by Cosmeroe, either initially or at f
a later dato, in addition to the connection, tap or flange to be E
provided by UIRV shall be provided, paid tor, owned and operated
by Commerce.
3.00 VMus The Meter may be calibrated at any reasonable
` time by either party to this Contract, provided that the party
making the calibration shall notify the other party at least two
f~f weekm in advance and allow the other party to witness the
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calibration. Farther, the Meter shall be tested for accuracy by,
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and at the expense at# V MVD at least once each calendar year at
intervals of approximately twelve (19) months and a report of such
test shall be furnished to Caesarea. However, in the.event any
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question arises at any time as to the accuracy of the Motor, the
Motor shall be tested promptly upon demand of Commerce, the expense
of such test to be borne by Commerce if the Meter is found to be
within !O socuroly and by U1'>ZMD it the motor is found to not be
within !O of accuracy.
Up as a result of any tut, the Mater is found to be
L94:
registering inaccurately (in *moose of $t of accuracy), the
f readings of the Meter shall be corrected at the rate of its
inaccuracy for any period which is definitely known or agreed upon
or, it no such period is -known or agreed upon, the shorter oft
(i) a period extending back either sixty (40) days from the i
date of demand for the test erg it no des" for the test was i
coeds, sixty (60) days free the data Of the test! er
3
(ii) a period extending back halt of the time elapsed since
the last previews testM
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and the records of readings shall be adjusted accordingly. i
2.0! ee>tiLility ter 1tat~r, Title to, and
possession and control of, the water provided by Commerce under j
i
this contract shall remain with Commerce (or, as appropriate, MY
or the a=) while it is in the Reservoir. Title to, and possession ~
and control *to the water shall pass to M}!'RMD at the Delivery
point. i
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2.10 eu.litY of w.tar, The water supplied by Commerce
hereunder shah be rev, untreated voter in its natural condition
in the Reservoir. Mater provided by Commerce to VIM tram the
a
Reservoir Under this Contract is provided AS IS, MORE IS, a*
MUM AMY MARRAMIS Or MRATSONM NATVRE, MUMUS=D OR I URD,
IT "two This MENTION Or COPDRRCE AND VTRMD TO 23MUSSLY MOATS
AND s7 ems ALL "N.MmIii, xIfCL7DIMO MIfam =TATIOM, TEi
3
WORD MARRANTI" Or l1iRC7 L""ILITY, rZom" ru AMY rA"ICO'fM
PURPOSE %ND RIGHTFUL TRAMar= CONTAINED IN OR CR=ATED SY TEE TWA t
VMIrOY41 COIOQRCIAL CODs,
?.11 ELL=. In oensideration for Commerce's agreewent to
prcovide water under this Contract, QT1tMD hereby agrees to pay to
Commerce tho follovingi i
(1) The sue of 150,000 to raiwbmmo Commerce for
its costs in developing and administering its
participation in the Reservoir to the date of this
Contract. The 150,000 shall be paid by VTRMD to Commerce
within six (4) months after the execution of this ,
Contracts
(5) All seas (including anginoering, legal
administrative, trawl, telephone and other out-of-pocket
costs) expended by Commerce in attempting to obtain the l;
reWatory approvals referenced in Section 4.04 of this 1
Contract, wbether or not such approvals an obtained)
provided however, a proposed budget for such expenditure
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shall be first submitted to the Advisory Comittle
Created pursuant to Dion 1.03 of this Contract for its
revi*w and approval and all subsequent sxpsnditursa shall
be submitted to said Advisory Committee for review prior
to paymentl
(7) Such amounts, at suc1~ times and in such
installments, as necessary to enable Commerce to timely
WY to iRKMD all amaunte cued by Commerce to alnpfD under
the Commerce/Slaw Contract for Commerce's Initial and
Future Mater Storage Rights in the Reservoir, including
all amounts to pays
(1) Commerce's pro rata share of annual
principal and interest payments owed by "40M
I
to the COs under the CUB/SYMW Contract/
(it) Commerce's pro rata share of all amounts
owed by sRMMD to the COs for maintenance
expenses of the Reservoir under the OOS/BRNMp
Contracts and
i
(iii) all amounts owed by Commerce to SXM as
i
a principal and interest reserve fund &War
mintenamos reserve fend ender tbs I
CommUo N " CMtract for Commerce's pro
rata share of DA M0's share of the principal
mad interest wWor saintenance
expenses of
the Reservoir under the imm/oos Contract.
~AN.d~" M1KY;~
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All payments required to made under this sub-
paragraph ) shall be cads in installments so that at
least thirty ,(70) days prior to the time that OwWres
suet asks such payments to SIXYD, it viii haw sufficient
funds available. Commerce shall provide VIN with a
schedule of such payments by September 70 annually for
the fiscal year beginning October i in order to notify
UTRW of the amount and timing of soot payments,
provided, however, that such sahaduie may be modified
during the year as necessary to coincide with Commerce's
obligation to IM MDt
All reasonable and necessary oosts incurred by
3
Commerce directly or through 810010 for administering
Cassssrca's initial and suture Mater Storage 3 fights. D'i71MO
shall not be obligated to pay is Commerce or any other
person costs for any project or activity of each person
except those costs which are directly related to
Cameros's initial and suture Mater Storage Rights that
are the subject setter of this Contract. Cameros shall
submit a statsmant to D'1'RMD at the conclusion of each
fiscal year of Commoros detailing tM direct costs to be
paid by VMD under this subsection. it V MD disputes i
the smeant at sets to be paid by it to Commeroe, 920 i
sha11 movertMisss pay such costs, but it it is
subsequently determined by mutual agreement or otherwise '
i
that the amount of such disputed costa should have been
more or less, Commres shall promptly revise and
reallocate such costa in accordance vita such
detarminationt and
(S) Annually on or before December 11 of each year
a sum equal to five percent (80) of OTWDIs payments
under section 3ell(3)(1) and (ii) and (4) above for the
previous tLscal Year,
Votvithstandinq anything herein to the contrary,, hovever, O mmes
obligation to mks payments to Commerce under this Contract shall
be unconditional and independent of whether or not any eater from
the Reservoir is actually provided or made available to, or
diverted or used by, UT MD pursuant to this Contract,
3413 filling and 2jmnt6 on or before June 1 of each year, j
Commerce shall establish a preliminary budget of costa to be paid
by Vnft under this Contract for the next ensuing !wive month
period beginning October i. NO shall be" thirty (30) days
after receipt of said proposed budget to file its oommants thereon
vith Commerce, After receipt of said comments, Commerce shall
adopt a final 4
budget for said period by September 10 of each year.
The final budget shall establish periodic amounts, including any
amounts required to be paid under Notion l.li, to be paid by OTRUD
for the ensuing one year period beginning each October 1. Commerce
may amnd the budget during a fiscal Year It necessary to adjust
it for any unforeseen matters related to the
~ paymsnts under
ism
section 2.and (li) above. Any such adjustaent shall be
adopted only upon reasonable notice to U MD under the
Circumstances which Bull normally be at least thirty. (10) days
written notice with opportunity for 7=0 to comment on any such
change prior to approval thereof. Payment of each periodic amount
shall be due in accordance with the approved budgeta all late
payments shall bear interest at the lesser of fifteen percent (160)
per annum or the maximum allowed by law from the due data until
paid. UTWD shall be solely responsible for billing and collecting
from its water customers. failure to collect from its customers
will not affect OTMM's obligation to make all payments due to
Commerce. R
Should 0TMM fail to make any payment as required hareunder, J
than Commerce shall utilise the reserves maintained by it an behalf
of V MD to make such payment to the extent funds are available in '
i
such reserves. In addition to all other required payments
hereunder$ to the extent such reserves are so need, VMV shall be
obligated to Immediately pay to Commerce an equal amount to
replenish the reserve fund so depleted.
h aR'i'IC1i IIZ ~
T~r~a~ Lti+ra~~ ~mlienai T~r~in~tiaw~ dirtaii~et ei
iat/r sarNle!! OaL'fl~flQV Wit!!! Um OV eM~
3. as
sea..
(a) Initial Tartu. This Contract shall beeoms effective upon
execution by Commerce and OTWD, and thereafter, water shall be
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provided hereunder for an initial tars of fifty (90) years (the
'initial Tars') comaencing with the Completion Data.
(b) Second Term. If, and to the extent that, this Contract
or water service hereunder not be previously tarsinated, either
partially or wholly, by either party hereto, and subject to
Commerce's Initial Termination option as hereafter provided
coasencing upon expiration of the Initial Tars, Untwo shall have
the right and obligation to continue to purchase the remaining
available water from Comserce's Initial and Future Water Storage
U
Rights in the Reservoir for up to an additional twenty-five (25)
years (the 99aoond Termm) unless OTRWD gives written notice to
Cossierce no lator than five (S) years prior to the expiration of
the initial Term of MM's desire to terminate the Contract.
Failure of UM to provide timely notice of such election to
terminate shall be dossed to be notice by VMD of its intent to
i 1
axtand this contract for the second Tars at the and of the initial
Tars. The purchase and sale of water under this Contract during
the Second Term shall be under the same terms and conditions as are j
contained in this Contract for the Initial Tersa
(o) Third Term. If, and to the extant that, this Contract i
or water service hereunder not be previously terminated, either
partially or wholly, by either party hereto, and subject to
Comarools oontinuinq rights under the Second Termination option k
as hereinafter provided, oossenoing open expiration of the Second
Tess UTRWD shall have and is hereby gsanted by Ceaaerce the right
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and obligation to continua to purchaso the remaininq available
voter from Ccmmerca's Initial and Future Mater Storage Rights in
r.
the Reservoir vender the sane tares contained in this Contract for
an additional period of twenty-five (25) years (the •Third Term)
unless CTRMD gives written notice to Cosserc4a no later than five
(5) years prior to the expiration of the see" Term of tTIMDIn
desire to terminate the Contract. Failure of UTIMD to provide I
timely notice of such election to terminate shall be deemed to be
* notice of continuation of the Contract at the and of the Second
` Term. The purchase and "Is of water under this Contract hurinq
the Third Term shall. be under the same !arms and conditions as are
I
contained in this Contract for the Initial Zara. !
(d) Additional Term. If, and to the extent that, this
contract or water servios hereunder not be previously tesainated,
either partially or wholly, by either party Mato, and subject to {
Cominerce's Third Termination option as hereafter provided,
commencing at the end of the Third Tara O'i'pMD shall have and is
granted by Commeros pursuant to section 3405 hereof a right of r
! first refusal to use any portion of the remaining water from the
Reservoir under terms similar to this Contract for an additional
period of So years (the •Additionai Term■). TM provisions of any
` contract considering snob extension of the rights of OTO during !
the Additional Tern which will be subject to negotiation at the end I
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of the Third Tess shall be limited to the price of water,
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(a) sffact of termination by MvD, If Pi'M exercises its
3 right to terminate and cancel its obligations under this
section 790t, it shall have r, obligation to
~ pay any further
amounts under this Contract) provided, however, that CTRMD will
pay to Commerce any sums which had accrued to Commerce hereunder
before the effective date of sunh termination and cancellation.
3,02 2nitia1 Tarsinatian ft inn Coerce Cie tia_d Telal of
Twanty-rive Percent J21j L at Sgntraat ae@=* Notwithstanding
anything herein to the contrary, Casmerce hereby reserves the
option and VMWD hereby grants the option to Cosarce, to terminate
Commerce0a obligation to provide water to tT1FMD ur.4er this Contract
in an amount up to a total of twanty-five percent (231) of the
rater available under this Contract can noing upon expiration of
the initial ?era (sComserce's initial Termination Options). said
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option say be exercised once at any ties after expiration at the !
initial Term, commerce must give written notios to tT1IMD at least
ten (10) years prior to the exercise of such option, At the time
j Commerce exercises its initial Termination option, Cosmeros hereby
agrees to pay to Vr Mj for the proportionate amount of water Which
it reacquires the fright to use under this option, the pro rata
share of all principal payments (as provided in the Cos/SX MD
Contract) *ffectively made by VIM as a result of this Contract
prior to the effective date of Commerce's "*role* of the option,
The amount is be paid by Commerce under this section shall not
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1 include interest or operation and maintenance expenses (as provided r.
in the OON/ pnM Contract)
by O'fbMD.
C effectively tads
"M acid after the effective data Of any exprcise of
Cosmerce's Initial Termination option, payments by vmD to
Cameros under this Contract shall be reduced for all payments,
Including principal, interest and maintenance expenses,
attributable to that portion of the rater no longer sold by
Commerce to UT M0 hereunder.
9001 licend Tarminstien option am Cemm~re~ O^ to n Te4,S1 0!
Fifty Percent "scat et Contract Amount. Commerce hereby reserves
the further option, and vTM hereby grants the further option to
Commerce, to terminate Com erce0a obligation to provide water to
UT MD under this Contract in an amount up to a total of fifty
percent (50%) of the water available under this Contract (inclusive
4
of water, if any, previously re-soquired by Commerce by exercising
i
its initial Termination Option) onw at any time upon or after
expiration of the Second Term of this Contract ("Comoroe9a /scond f
Termination Option"). Commerce must give written notion to OT1lM0
E
at least ten (10) years prior to the offootivs date of the exercise ►
of the option. II
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At the time Com oroo exercises its Ij!^end Termination option,
Commerce hereby afrees to pay to u1Tm for the proportionate
amount of Water which it reacquires the right to use under this
option, (i) era-halt of the pro rata sba" of all principal
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payments (so provided in the CO21SM D Contract) effectiwiY made j
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by vTAw0 as a smolt of this contract prior to the effective data i
7,
` of Commerce's exercise of the option and (11) the proportionate
` amount of the principal costs of any Reservoir improvements made
the oil emw or other entity, as appropriate, and effectively
r by
I paid by tTtPWD during the last twenty (20) years of the second germ.
The amount to be paid by commerce under this section dull not
include interest or operation and maintenance expanses (as provided
in the COS/sftM Contract) effectively made by UTFM , The
Reservoir improvements, if any, which are within the scope of this
section are those improvements (not including routine operation and
maintenance expenditures) which are considered by the Cpl or any
successor thereof as betterments or improvements that extend the
life of the Reservoie or increase the availablo water supply in the
Reservoir.
ryes and after the effective date of any exercise of
f
Commerce's Second Termination Option, payments by 9TRV to Commerce
under this Contract shah be reduced for all payments, including y
principal, interest and operation and maintenance expenses
I
attributable to that portion of the water no longer sold by iI
Commerce to waW hereundsra 1
3,04
reserves the further option, and VrM
~pta Cos~eroe hereby to i,
hereby grants the tustha,. WA final option to CGMerce,
i
terminate Camserce's obligation to provide water to tTi'kMD under
this Contract in an amount up to one bundred percent (100%) of the it
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rater available under this Contract in ono or more installments
from time to tint at any time upon or attar expiration of the Third
Tern of this Contsaat (•Cassorce's Third ferminetion•option') •
commerce net give written notice to U'171MD at least ten (10) years
prior to the effective date of any exercise of the option. At the
time Commaree exorcises its Third Termination Option, Commerce
` hereby agrees to pay to VTRMO for the proportionate amount of water
which it reacquires the right to use under this option,
(i) one-third of the pro rata share of all principal payments (as
provided in the COI/sRWD Contract) effectively sad*
Commerce`s
a result of this contract prior to the effective "to o
exercise of the option and (ii) the proportionate amount of the
principal costs of any Reservoir improvements made by.the COI,
S= Mb or other entity, as appropriate, and atfootively made for by
UTIV during the last twenty (20) years of the Third form. The
commerce under this section shall not include s
amount to be paid by
interest or operation and maintenance expanses (as provided in the
CO!/IXM0 Contract) effectively paid by iTl'RMD. The Reervoir 1
which are within the scope of this section
improvements, it any, alien MA ~
are those improvements (not including routine spar
maintenance expenditure) which are considered by the cal or any
successor thereof as betterments or impreveaants tbat extend the it
life of the Rssarvoir or increase the available water supply in the
Reservoir.
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7,05 !Ale of Mater Atte DMIZAtion of Tblyd Tars j,ut him d
to lull lxercims at Third Termination opts, after expiration of
the Third Term of this Contract and prior to Comes oefs full
exercise of its Third Termination Option, OTftMD shall have a
continuing right of first refusal to continue to purchase the
remaining available water from Commerce's Initial and future Mater
storage Rights in the Reservoir under the sane terms and provisions
contained in this Contract for the Additional Term of fifty (50)
rs.r years commencing upon expiration of the Third Term of this
Contracti provided, however, that the price of said water shall be
subject to mutual agreement of the parties and the provision of
such water service is in all respects subject to Commerce's right
to exercise from time to time, in installments or otherwise, its
rights under the Third Termination Option. should tTlRWV desire to
exercise it's right of tire', refusal, it shall give notice of the
exercise of such right to Commerce at least one (1) year prior to
the expiration of the Third Term of this Contract,
7,0g Non-availability. Diseontinuanea er Curtaiirmnt et water,
tea. Notwithstanding anything herein to the contrary, it is
specifically understood and agreed between the parttes that the
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Obligation of Ce rce to provide water to OTRND pursuant to this
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Contract is subject to the availability of Water to Cammerce from i
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the Reservoir pursuant to, in conformity With, and subject to all
coM itions and restrictions contained in, the Commerce/lAXWO I
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Contract, the CO=/SRKWD Contract and CA No, 03-47971 and is also
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subject to inability to provide water due to smergeney, fares
r" majeurs, the need to curtail water service to cause repairs or
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improvements to be sad* to the Reservoir# or the need to protect
the public health, safety or welfare. in any of such events,
Commerce (or its aganta, including, without limitation, SI MD or
the CO=) shall have the right, after reasonable notice to VTMM
under the circumstances, to ourtail or limit water service to VrRn
undair this Contracti provided that any such curtailment or
limitation shall be limited in amount and duration to the minimum
amount necessary.
3.07 Mien far turehua of 2nteraet in Caeaeity er watar
Faailiti s fton era sa of Taruinatien oatiens. VTMMD agrees that
Commerea, upon the exercise of any of its Termination Options shall
have the option and right to acquire from V0MD upon payment by to ! i
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UTRV of the depreciated net book valus, a proportionate ownership
interest or other right of use in, and appropriate title to, any
facilities, capacity In frcilities Or contract rights in facilities
owned, leased or otherwise utilized by W" M0, including without
limitation the raw water intake, raw water pumps, meter and raw
water transmission main (and easements, permits, iiomme or real
property interests associated therewith) free the Delivery point
to the point on the transmission line where Cemmsrce diverts the
i raw water for its own usej provided, however, W MV shall be
required to convey any such interest only to the extent of its than
y existing legal title, rights and abilities, The parties shall
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agree on an acceptable standard of pleeinq such value on said
r r facilities which shall be consistent with appropriate depreciation
technique under water utility ratemaking standards of the National
Association of Regulatory Utility Commissioners Uniform System of
Accounts. Vr MD shall execute any documents necessary or
appropriate to reflect the transfer of ownership at any such
facilities or interest therein to Commerce. At such time as
Commerce becomes the majority owner of said facilities it shall
have the further and additional
option of becoming the cps±atinq
manager of such fa:ilitiea with the costs being apportioned between
the parties. Capital costs and operation and maintenance expenses
shall be allocated as follow s$
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(1) capital costs based on
percentage of water
allocated) and
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(a) operation and maintenance expense, including cost
of pumping, based on water usa;e.
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At least six (6) months prior to the transfer of title at said
facilities or any interest thereint UTFAM shall install a new meter }
(thereafter, the 'feted) at which point water shall thereafter be
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metered and provided by Commerce to W MD wider this Contract. The
coat of purchasing and installing said Mater shall be prorated
between tbs parties based on percent of water allocated to each.
xoterinq, billi)q and payment related to the facilities used by the
non-opentirq party shall be on a monthly basis in an amount
sufficient to pay the non-operating party's prorsta share (on the
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bases provided hereinabove) of the operating pertyis capital costs
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and expanses !recurred in providing service to the non-operating
3.00 dens in leant of Unenfera&&h u of r`~n
previsiees of Centraet. Notwithatandinq anything herein to the
contrary, it it is ever determined by any governmental or
regulatory authority that provision of water by Commerce under this
Contract, or curtailment, limitation or termination of water
service by Commerce under this contract, is in violation of
applicable law, than Commerce, at the sole option of Commerce, may
take such action as will best effectuate the intent of the parties
in agreeing to this Contract and comply with applicable law or, it
( required or permitted by law, may terminate this Contract.
1.09 ~y aYpply to Ces.rea, It at any time during
the Initial Term, second Tors, Third Term or Additional Term of
this Contract, Cerce incurs an bergency which interrupts its E
raw water supply from Commerce Mater District, groundwater or other
sources, Commerce may request that MAD provide water to Commerce
on a temporary basis during such 1mergeney tram the water provided
to UTRWD hereunder. If to requested, U'171MD agrees to use its but ~
efforts to sake available to Commerce end, to the extent so made {
available, Commerce shall be entitled to purchase tram UM D water
nsoessary to alleviate said bergency. To the extant water is I
provided to Commerce under this section, Commerce shall pay UTRV
the full cost incurred or agreed under this Contract to be incurred
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by UTRwD applicable to such water for this period of such use plus
such other reasonable expenses, if any, as UTM may incur in
delivering such water to Coaaeree, During the period of any such
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saergoney, Commerce agrees to use its beat efforts to alleviate
said =mergeney or to minimise the deficiency at water through
conservation, development of alternate water supplies, or other
means. Both parties agree to cooperate during said dergency to
ensure that Commerce's reasonable needs for water are set and that
UTWO's supply of raw water is not unreasonably impalreds
1.10 Actions by UT1t1fG Veen Hetice ! Terminetlee by_C&MIAM.
Upon receipt of notification by Commerce that it is exercising one
of its Termination options, M2WD shall immediately ocusence
preparation of necessary studies and plans by its engineers and
other consultants to obtain replacement water supplies for the
water to be obtained by Commerce in the exercise of any such j
options within one year attar receiving any such notification,
UTMM shall suftit to Commerce evidence of approval by its Board 1
of Directors of a specific course of action for obtaining necessary
replacement water supplies, including a copy of any engineering t
V studies or plans related to such replacement water supplies, if !
construction or acquisition of additional facilities is needed in
order to sake available the replacement water supplies, such
acquisition or eenstruction shall be commenced within foul (4)
years t m the date of reasipt of notification by D31tw0 and such f
acquisition or construction shall be completed within eight (s)
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years from the data of receipt of such notification. After receipt
of notification, UTWD dull report in writing to Commerce at
least ones every six months on the progress of its Mfforts to
r obtain replacz unt water supplies.
T I! W MD fails to west any of the deadlines provided in this
section for action to secure replacement water supplies, or should
UT1tMD be unable or unwilling to allow Comore* to timely and
completely exercise any of its Termination options, than UTAMD
agrees to promptly pay Commerce an amount of money sufficient to
obtain alternate water supplies of equal amount and quality to
those which Commerce is otherwise entitled to under any of its
exercises of such options.
1.11 Sidemitift ' mart *•l..a a Water tram take
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dpi. Notwithstanding anything herein to the contrary, if it
is ever determined by Commerce that the price per acre-loot of raw
water available to Cameros from Lake Tawokani is greater than the
amount otherwise required to be paid per acre-foot by MY to j
Commerce under this Contract for water from and at the Reservoir,
then, in such event► WW shall pay a price for water from and a=
the us.)rvoir which is equivalent to average price per acre-foot 4
of water tram both mob sources as calculated by Commerce and 1
swisa~sd sA steed by UWAN # which approval shall not be
unreamowably withheld or delayed,
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{ ~.Ol Lldent■ are agratin• bm•na•a. UM 0 roprosants,
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covenants and agrees that all payments to be made by it wall
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` constitute reasonable and necessary aoperating expansesa of its
water and, if appropriate, wastewater system and that 7n*D will
require each of its customers to agree that each such entityts
payments to OTRxD shall also constitute reasonable and necessary
'operating expenses of each respective entity's water and, as
appropriate, wastewater system, as referenced in Artiols 1113,
Vernon'* Texas Civil Statutes, as amanded, or other appropriate
low. Such payments will be made from the revenues of the voter
and, if applicable, wastewater systems of CTRYD and each such
customer of UTRwD with the offset that the obligation to make such
payments shall lie treated as an operating expense of each said
system and shall have priority over any obligation to make any 1
payments from such revenues (whether principal, interest or
otherwise) with respect to all bonds and other obligations
heretofore or hereafter issued by CTWD or any of its customers,
as applicable, payable frem such revenues.
4.01 mat. c•ynanl, VM0 hereby agrees Neat throughout the
term of this Contract it will continuously fix and oolloct such
rates and *Mrges for water and wastewater services as will produce j
revenues In an amount
sufficient to at least pay all of the i
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payments required under this Contract and its other sxpsness
related to its water and, if appropriate, wastewater system.
4.07 Myiapn CealttN, Ceerdinatien, Cesmeras and Vr"M
agree to establish an advisory committee regarding operations of
each party under this Contract. The advisory committee shall be
composed of six samberej three from each party appointed by and
serving at the pleasure of the governing body of each respective
party. Bach party and the advisory eosmittee will be given timely
notice of agendas and meetings of the others where the rights or
interests of each under this Contract are to be discussed se that
each will have the opportunity to attend and participate. Before
any budgets of Commerce or I== affecting what UTRWD shall pay in
this Contract are adopted, VTRMD and the advisory committee shall
be given opportunity to review and comment.
4.04 Laulalerv Ct1►er J~ravaLt aeenrhrce of
feasibility et i~ranseertatien Paeiiitieae liehte et se it►atiee,
Commerce shall be responsible for obtaining approval, it any be
required, of this contract by the TWC or ether regulatory
authorities. With UTRWO's cooperation, Commerce will initiate the
appropriate filing through IRNWD for an amaotdsent to ti
G Nos 07-4797, in substantially the fors attachod bereto as
Z&Lbit 634, authorising the diversion and uw of water as provided
in this a itraat fron the Reservoir for municipal purposes within
the piatsiet or its environs- 874=j Commerce and MM Will
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support said application with data and testimony as may be suitable
s" and appropriate to affect a good faith application.
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if vithin twelve (13) months of the effective data of this
Contract the regulatory or other approvals contemplated by this
section are not obtained or OTWD does not determine a feasible
method to transport t.:• rater from the Delivery point to the
District, GTRWD reserves the right to terminate this Contract upon
the giving of written notice to Commerce within three (3) months
,thereafter or such later time as the parties say agree to in
writing,
in the event, but only in the event, that at the end of
fifteen (19) months tram data of execution of this Contract, the
required regulatory or other approvals have not been obtained,
Vr1lMD may notify Commerce that W MD desires to extend the period
for exercising its termination option provided previously in this #
section for an additional one (1) year period. During such
extended one (i) year period, UTWD agrees to make all payments
required under this contract. During said extended one (1) year
period, V MD shall have the right to exercise the aforementioned
termination option until the earlier of (1) the end of said
extended one (1) year period or (ti) within three (3) months after
receipt of all r"Cred regulatory or other approvals. It during
said extended one (1) year period, t1'i7lMD exercises any right to
terminate this Contract under this aeotion either for the
atoresontioned reasons or for the reason described below in this
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section CTRWD shall, alter such termination, nonetheless continuo
to be obligated to asks all payments required under this contract
for an additional one (1) year period from the data Of termination
including all amounts accruing to Commerce as described in
!action 2.11(4); provided, however, in such event Commerce agrees
to use quod faith efforts to find another buyer for the water
contemplated to be sold in this Contract and any payments made by
such a buyer during said one (1) year period after termination
shall offset
r payments to be otherwise made by DT7lND hereunder.
Both parties reserve the right to terminate this contract in
the event the regulatory or other approvals received contain
provisions that in the opinion of either party hereto substantially j
impair the water rights or the ability of either party to y carry out
its obligations and responsibilities under this Contract.
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Notwithstanding anything herein to the contrary, any termination
option to be exercised pursuant to this section shall be exercised
within three (l) months of reoei at final ~
pt regulatory or et. er
approval or such later time as the
parties may agree to in writing
by giving written notice to the other party# it (i) 1;TRWD
exercises its right to terminate and cancel its obligations under
this section within fifteen (15) months from the date of execution
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of this Contract or (ii) Commerce exercises its right to terminate
under this action at any lime, d'i'1tND shall haws no obligation to
pay any fbrther amounts under this Contract; provided, however,
that in either of such events VTMM will pay to Commerce any sues
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which had accrued to Comeeree hereunder before the effectlvs late
of such termination and Mcellaticn,
4.OS TndAMMIfIQjkjiQn4 1Tl7lMD agrees to fully Lalaanity and
hold harmless commerce and its ottiosrs, empl~iees, agents,
contractors and related interests from and against any and all
claims, losses, damages, demands, judgments, suits, liabilities
and causes of action of whatsoever nature, whether known or
unknown, fixed or contingent (including, but not limited to,
attorneys' fees, litigation and court costs, amounts paid in
settlesent and amounts paid to discharge judgments) related to or i
directly or indirectly resulting from or arising out of, attar the
date of execution of this Contraeti
(1) UTRUD's failure to comply with this Contracts
(3) the actions of persons or things other than Commerce
affecting the water supplied by Commerce to D'1'hMD
after such water reaches the Delivery lointr and
(l) the interruption, curtailment or limitation of service
by Comoro* to tT1O or customers served by or to be i
served by uTRMD as provided in Section 3,04 of this
Contract,
tither party hereto shall be
entitled to terminate this Contract upon thirty days written notice
to the other party it, at the time at such termination, the other +
party is in breach of a satsrial term of this Contract, which i
breach has been continuing and uncured for the shorter of' (L) a
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Period of six (s) consecutive months or (Ii) in the event or
failure to pay a monetary obligation, then at such time as there
are no reserves to pay said amount. The term 'material provision*
shall include, without limitation, the requirement of vmo to pay
money to Commerce hereunder.
It is not intended hereby to specify (and this Contract shall
not be considered as specifying) an exclusive remedy for any
default, but all such other remedies existing at law or in equity
say be availed of by any party hereto and shall be cumulative. In
addition thereto, the parties specifically agree that in the event
of any such default, the non-defaulting parties shall be entitled
to obtain a writ or mandamus front a court or competent jurisdiction
ordering and compelling the defaulting party, and its officers or
representatives, to take such action as may be necessary or
appropriate to cure such default and othe:wise oomply with the 1
provisions of this contract,
4407 j~alua avatar or Canaoitg at oars. If PY'M shall have ~
surplus water or idle capacity In any at its facilities to
transport water under this Contract, {1T1t11T1 agrees to negotiate in
1 good faith a transportation and sale agreement for said water to
Cameros with compensation therefor at actual nest plus a
reasonable return on its investment in facilities se used, i
{.pd Caetraela~ other avatar 11aAta. Commerce shall have the
right to eater Late ether water supply osntracts front its other f
water supply soureest provided, howvere Cameros agrees not to i
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enter into any contract, other than this contract, to supply water
from Coopar Uservoir to any erstomer located more than fifty (so)
s
alias tram Commerce's than existing city limits. Nothing in this
contract shall bi construed as granting any right, title, interest
or claim to CTRND or its customers in any water systems or rights
owned or used by Conierce, other than the right to purchase water
from Commerce from the Reservoir pursuant to the terms of this
Contract. VrM shall have the right to enter into contracts to
supply water to its custosersl provided, however, CTWO shall not
sell water to any person or entity located within fifty (50) silos
of Commerce's than existing city limits.
4.09 Pprea Maiaure. If either party is rendered unable,
wholly or in part, by force sajeure to carry out any of its
obligations under this Contract other than an obligation to pay or
provide money, then such obligations of that party to the extant
attsated by such force sajoure and to the extent that due diligence s
is being used to resume performance at the earliest practicable
time, shall be suspended during the continuance of any inability j
se caused to the extent provided but for no longer period. such
cause, as far as possible, shall be remedied with all reasonable
diligence. The term aforoe majeure,s as used herein, shall mean
acts of Ooh, strikes, lookouts, or other industrial disturbances,
sots of tM public many, orders of any kind of any governmental
entity or any civil or military authority, acts, orders or delays
thereof of any regulatory authorities with jurisdiction over the 1
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parties, insurrections, riots, epidemics, landslides, lightning,
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earthquakes, tires, hurrioanes, tloods, washouts, dr"hts,
f arrests, restraint ..of ` government and
people, civil disturbances,
explosions, breakage or accidents to machinery, pipelines or
canals, or any other conditions which are not within the control
of such party, It is understood and agreed that the settlement of
strikes and lookouts shall be entirely within the discretion of
either party hereto, and that the above requirements that any force
majeure shall be remedied with all reasonable dispatch shall not
require the settlement of strikes and lookouts by acceding to the
demand of the opposing party or parties when such settlement is '
unfavorable to it in the judgment of either party toersto,
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4.10 swarability. The provisions of this contract are {
swayable, and it any provision or part at this Contract or the
application thereof to any person or circumstance shall scar by !
held by any agency or court of Competent jurisdiction to be invalid
1 or unconstitutional for any reason, the remainder of this Contract i
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and the application of such provision or part of this Contract to
other persons or circumstances shall not be affected thereby. ?
4all JQdLUp;j;"p. This Contract shall be subject to change }
or modification only with the mutual written Consent at Commerce !
and U-TRMD.
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4.12 JLAdr■■■a■ and uotieas, Unless otherwise notified in r"
writing by the other, the addresses of Commerce and VON are and
,..:.r. shall resin as follows'
CommerceI
City of Comssrce
Attni Mayor
CTRIfDi
Upper Trinity Regional Mater District
Attnl President, board of Directors
4.13 a■•i & is1jtY. This contract shall be assignable by
either party with the written consent of the other party, which
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consent shall not be unreasonably withheld or delayed. i
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4.14 Tin at the e■sanee. Time is of the essence with i
respect to all matters covered by this agreement.
, by their s
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execution bereof, each of the undersigned parties represents and
Warrants to the parties to this document that be or she bas the
authority to execute the document in the capacity shown on this ~II
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document.
4.14 audime TM c4ptions appearing at the first of each 1
numbered saetion or paragraph in this Contract an inserted and 'I
included seiely ter oonvanisnce and shall never be considered or
given any affect in oenstruing this contract,
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ill MITMSSS Wd=X01, the parties hereto have executed thlo
ies, each of Mhiob shall be dewed to bs
r contract in >,ultipU eop
and sitaat, sttseaivs
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an original and
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CITY Of COMMCS, TSRAS
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Exhibit A - COZ/North Texas Contract
Exhibit • - COB/Irving Contract ;
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Exhibit C - COE/s1WND Contract
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I Exhibit D - supplemental Cot/o MMD Contract
Exhibit E - CA No. 03-4797
N Exhibit ! - permit No.
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Exhibit G - Coaoarco/SYMMO Contract
Exhibit N - Sulphur Springs/=MM Contract i
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Exhibit I - Cooper/fMMMD Contract
Exhibit j - Application to Amend CA No. 03-4797
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PUBLIC UTILITIES soARD
KXNVT=
April 24, 1990
11.
RESBCONSID AND ASTIOIISOCIATEDCOR20cMo INTRNAOCTRAM WATER SUPPLY FRW COOPER
~VOI R A AND AS.
Nelson reviewed this item explaining that the Upper Trinity
Regional water District (UTRWD) is not yet in a position to The would
assume the upfront costs of this pro act.
takellage
vi one-thirdand , Lewisville takes one-third andciNighland
Denton County Fresh Water District N1 takes
one-third of this water supply. With this contract, Denton
guarantees that coat plus legal coats until UTRWD can take
over the funding.
Chairman LsForts asked why the city of Commerce is selling '
their water. Nelson explained that :omneres signed a 100
year lease on rights to Lake Tawakoni and built a pipeline
and intake structure. This water is less expensive for them
than what is offered here. North Texas Municipal Water
District turned down "interim" water; :he City of Commerce
then came to the UTRWD,
Motion
Frady made a motion to recommend to the City Council subject
resolution and associated contract. Second by Chew.
D s usaion
Laney stated he had reviewed the map showing alternative
routes. He asked if the Boa.d has not already discussed some
kind of an agreement with Irving. Nelson stated that there
are several alternatives to be considered.
Laney asked if Denton could tranport water by oversising the
pipeline in Irving. Nelson stated that we would like to do I
this, but we don't have firm agreements from Irving. Nelson 1
also explained that interbasin transfers must have a permit {
from the Texas Water commission. signing this contract will f
give Denton 2 NO of the 11.7 MO. Denton is front ending 331 !
of the total cost for the one or two years of this joint
project.
Thompson expressed that he is pleased the Utility is looking
to the future water supply requirements for the City of
Denton.
vote
Chairman LaForte called for the vote. All ayes, no nays, }
motion carried.
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COUNCIL
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CITY COUNCIL REPORT FORMAT DATE: 7/17/90
s
P
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJ: Approval of a resolution authorizing the City's
application to the Urban Homesteading Program.
RECOMM cNDAII4d :
Staff recommends approval.
BACKGROILMD :
The Urban Homesteading Program utilizes Section
810 funds for the Department of Housing and
Urban Development. The Local Urban Homesteading
Authority (LUHA) acquires properties which have
been foreclosed upon by the Federal government.
These properties are then conveyed to eligible
homesteaders who meet specified income requirements.
Homesteaders mubt also exhibit the ability to
finance rehabilitation and maintenance of the pro- ¢
perty. Homesteaders must maintain the property
according to program g,iidelines for five (5) years S
before the LUHA releared the lien.
SUMMARY: This resolution will allow the City to preprre and sub-
mit an application to the Department of Housing and
Urban Development requesting funds for the Urban Home-
steading Program. a
PROGRAMS. DEPARTMENTS OR GR P AFFECTED:
The Community Development Block Grant office will sdmin-
ister funding. Program will assist low/moderate income c
persons to homestead eligible HUD properties.
I EISCAL IMPACT :
j There will be no impact on the general fund.
I II
I Rs fully s itte p 1
LlciVd V. Harrell
City Manager
Prop "d by:
Barbara Ross
Community Development Coordinator
A Appr v
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F Rob Lne AICP
Executive Director for Planning 1 Development
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DATE: 7/17/90
r,: ~Trv rpUNGIL R£PQRT FORMAT
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TO. Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
of
SUBJ: Approval
to the resolution Urban Homesteding Program. he City's
application RL9QMNEND TA ION :
Staff recommends approval.
BAGK(iROUND_
The Urban Homesteading Program utilizes Section
810 funds for the Department of Housing and
Urban Development. The Local Urban Homesteadino
Authority (LUHA) acquires properties which have
been foreclosed upon by the Federal government.
The LUHA will request HUD, VA, or RTC to suspend
the sale of eligible properties in Denton's Urban
Homesteading neighborhoods. During the 46 day }
suspension period the City will inspect and rate
the units, and select those to be acquired under
the program. The Community Development staff will
also prepare a set of work specifications detailing
the repairs necessary to bring the structure up
to City of Denton building code standards. Prices
for the properties values asu determined by the HUD. are basil or
fair mar
Acquired properties will be made available to eligible
the program s must interested in be
j certified as eligible under the program. The following
i
programrmine each
family's information eligibility gathered to
1. U. S. Citizenship
2. Financial Capacity of applicant - total
existing debt plus rehab debt should not
i exceed 36% of gross income.
3. credit rating
4. available cash
6. abililty to afford maintenance and other
property costs (,,tilitias, taxes, insurance).
Homesteaders must maintain ':he property according
(6) years prior
to release of guidelines
lion n by the LUHA.
Each time a property is acquired, any eligible family
who wishos to homestead the property will request
that their name be included in the lottery for the {
the property. The Denton County Housing Finance
Corporation will choose, through the lottery process, Y
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the family who will homestead the property.
a MMA This resolution will allow the city to prepare and sub-
mit an application to the Department of Housing and
Urban Development requesting funds for the Urban Home-
steading Program.
The Resolution Trust Corporation (RTC) is working ith RTCap Nopertiesmmay bedUtilizedninwthe U'rbano that
Program.
over one-half of the 189818 RTC properties available
Program (t the600)cereiintTexesthe Affordable Housing
which mee e.~g OFPARTMENTa OR (lROIlP~ AFF_
rnwnn~
1 The Community Development Off c; will administer funding.
Program will assist low/moderate income persona to
homestead eligible HUD properties.
FySSad1. 3MPThere will be no impact on the general fund.
as f fly/au tts
U
Cloy Y. Harrell
City Manager
Pr ared by:
1 Barbara Rosa
Community Development Coordinator
App oved•
F ank obbins AICP
Executive Director for Planning i Development
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RESOLUTION NO.
A RESOLUTION OF THE CITI OF DENTON, TEXAS, AUTHORIZING THE
SUBMISSION OF AN URBAN HOMESTEADING PROGRAM APPLICATION TO THE
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; APPROVING AN AGREE-
MENT WITH THE DENTON COUNTY HOUSING FINANCE CORPORATION TO ACT AS
THE LOCAL URBAN HOMESTEADING AGENCY TO IMPLEMENT THE PROGRAM IF
ffi FUNDED; AUTHORIZING THE CITY MANAGER TO ACT AS THE CITY'S AUTHO-
RIZED REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE CITY'S
PARTICIPATION IN THE URBAN HOMESTEAD PROGRAM; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, the federal Urban Homestead Program was created to
use existing housing stock to provide homeownership opportunities,
primarily for lower income families, thereby encouraging public and
private investment in selected neighborhoods and assisting in their
preservation and revitalization; and
WHEREAS, the program provides for the transfer without payment
to a local urban homesteading agency of federally owned properties 1
for use in a HUD-approved local urban homesteading program; and r
WHEREAS, it is of Denton to apply fore funding under and nthesUrbest interest of ban Homesteading tProgram
to meet the objectives and needs set forth above; NOW, THEREFORE,
d
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVESt
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SECTION_LL That a Urban Homesteading Grants Program applica-
tion is hereby authorized to be filed on behalf of the city with
the Department of Housing and Urban Development.
i
SECTION ii. That as part of the application process, and to
provide for implementation of the Local Urban Homesteading Program
if funding becomes available, the City approves the attached
Agreement between the City of Denton and the Denton Housing Finance
Corporation.
SECTION III. That the City Council designates the City
Manager as the City's authorized representative to act in all
matters in connection with this application and implementation of s'
the City's participation in the Local Urban Homesteading Program.
SECTION -IV, That this resolution shall become effective
immediately upon its passage and approval.
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PASSED AND APPROVED this the day of , 1990.
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BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTER, CITY SECRETARY
BYt
APPROVED AS TO LEGAL FORMI
DEBRA A, DRAYOVITCH, CITY ATTORNEY
BY' Q .r/1AM
i
urban ss
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AGREEMENT BY AND BETWEEN THE CITY OF DENTON
AND THE DENTON COUNTY HOUSING FINANCE CORPORATION
This Agreement is entered into by and between the Denton
County Housing Finance Corporation (the "Corporation"), acting by
and municipality authorized
of i Denton County, a Texas, (the "City")
a home ru ;
For and in consideration of the mutual covenants and agree-
ments of each, the parties agree as follows:
I.
The parties agree to cooperate in the implementation of a 3
Local Urban Homesteading Program (the "Program") under which
eligible individuals will receive single family residences which
must be rehabilitated and used as residences, pursuant to the
Housing and Community Development Act of 1974 and regulations of
the Unitod States Department of Housing and Urban Development
("HUD")•
1
III ~
The parties agree to perform in compliance with the terms of
the Urban Homesteading Agreement. )
M.
The Corporation agrees to accept title to properties eligible
to be conveyed under the Program and to convey these properties to
eligible individuals who qualify as "homesteaders" under the
Program.
IV.
The City shall protect and indemnify the Corporation, its
directors, officers, agents and employees from and against all
liability, losses, damages, costs, expenses (including attorneys'
fees), taxes, causes of action, by u o ts# bclaims, ehalf of demands and any person
judgments of any nature of, from,
arising in any manner from this Agreement or in connection with the
ing
Program or the
workadoneginf cothe nnection with the arisany
from (i) any
breach or default on the part of the City in the performance of any
of its obligations under this A reement, (iii) any violation of a
contract or restriction by the City relating to the Program or this
A reemcnt, and (iv) any violation of a law, ordinance, or regula-
q s
Pion affecting the Program or any part thereof or the ownership or
occupancy or use or any property provided under the Program. {
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V.
The city agrees to perform all administrative functions and to
carry out all Program activities on behalf of the corporation in
accordance w Homesteading
owt
The activities aresmore particularly described Program
(1) Perform all activities related to the selec-
tion of eligible properties, including review
of property lists, preparation of rehabilita-
tion cost estimates and all communications and
documents necessary to accept conveyances of
selected properties to the Corporation!
(2) Provide security and maintenance of units
conveyed to the Corporation;
(3) Advertise the Programs
(4) Perform all activities necessary for selection g
of homesteaders, including the application
process, verifying information on applications 1
and rejection and acceptance of homes'ceadsr f
zandidates based on the applications; s
A
(5) Perform all activities necessary to match 1
homesteaders with selected units;
(6) Assist homesteaders in seeking property reha-
bilitation financing;
(7) aPre ctivities necessary fornconveyanceaof proper-
ty to homesteaders, including the closing of
the transactions;
` (a) Monitor rehabilitation activities on each unit
and perform periodic inspections;
eyance documents and
(9) gram tguidelinesaand c nv p
` conditions;
(10) Perform activities necessary to the closeout ,
of the Program.
The City agrees to bear all costs incurred by the Corporation
in connection with this Agreement and nothing shall require the
Corporation to expand any of its funds in connection with the
PAGE 2 @
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performance by the Corporation of its duties under the Program or
'M any Urban Homesteading Agreement.
IN WITNESS WHEREOF the parties hereto have made and entered
into this agreement this day of , 1990, in
Denton, Texas.
i
DENTON COUNTY HOUSING
FINANCE CORPORATION
kowsoi
BY: _ t
PRESIDENT
ATTES Tt
BY:_ _
SECRETARY
CITY OF DENTON
BY:
BOB CASTLEBERRY, MAYOR
ATTESTt
JENNIFER WALTERS, CITY SECRETARY
BY:-
APPROVED AS TO LEGAL FORMt
j DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BYt tf1MA
PAGE 3
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Fedwrd 3"istar ! Vol. 54. No. 105 I Friday. June 4 1494 ! Rules and Reyulations 23937
r:
Department of Houelag and Urban The Catalog of Ftderai Domestic federally owned properties for use In a
Dewiopmeat 461 Sevsnrh Street SW" Assistance Program number is 1433. HUD-approved local urban
i WThie a does got cooatltuu a "ma oe Thls rule was listed as Item number homesteading program
I M in the Department s Semlaarual in" wdver ewhpNV.
rule" as that term le daiined to section Agenda of Ralulatlotsa pubLahed on
1(b) of ExemdYo Order 12261• Analyst April 24 Son (g1 FR 16708) under HUD may waive an requirement of
f indicates that it don not (1) Have an F ucutive Order 12241 and the this part not required by law whenever
annual effect on the economy of $100 Regulatory Flexibility Act. it datermfnes that undue hudop would
million or more, (2) cane a melon Ust of In 34 CFR Pet result from applying the requirement or
increase in costs or prices for hJecta where a plytty the requirement would
4 consumers, individual Industries. Urban homesteading. Ad-in' tretlw adversely affect achievement of the
Federal. State or local grw ytrmeat ppnk;tice and proesdum Grant Programst Purposes of the P+e9'en+•
agencies. or Ieogrephic regions; or (3) Housing and community development N0.E~
have a sign rot adverse effect on Low and mode»te income housing. auction the
competition. employment Investment ~Act"
the Department revises Housing and Community Development
to
i I productivityInnovation. or on the 24 CFR Part $90 to read as follows Act of 1471 d from time to
I ability of United Stata•baeed , as amended
ets to to with foreign- PMT no--UStW MOM9$72ADM time,
based enterprises its domestic or export APpilomt' messes any State or unit
tnadtea. s.a of pae»l local government that applies
In aoootdana with 5 U S G 6001(b) ss01 ggccoo~pee gad purpose of rnWotioa for HUD Approval of a local urban
(the ReguIcary FtudbWty Act). the W3 Dean, authwfry. homesteading program under these
undersigned hereby txtrtlfi sates aRdd"
tut dog not have a elgalffaant that this egos t tam trndromenu. roplations,
' FedereUyowned pro perty" means
coos fL of HIU71-owned. VAawned property to which tha Secretary
eooaomio Impact on a substantial and awned ptopertles. an y »a!
number of email entitle. The rule seats Appfiatlooa of HUD, the Secretary of Agriculture or
implement sansei statutory provisions seats 9tudarde for No review and the Secretary of Veterms Affairs holds
that improve the urban Homesteading approval of a local wbea homesteading tide and which It,
pmpvz Then nhaaps haw asitha a grown, (1) Improved with a one-1o four-
sigangal eoome to impact an. nor an sso.tb Urban boomi"diog plop rm family rnidmcr.
eded on. a substantial number of small Wradpaefan ~~e.0t (2) UmepWM and not the subject of
mtittas. watt' Staader of lftUtlewaed property- an outalandin8 repair or saw oontract
26aadve Oratrr JA= Peolam best Sam RNmbmeamut to FmHA and VA. end
The Cwneed Conceal u the Deelpated WX UR oservatift of (3) Not occupied by as individual or
tNlldal under section e(s) of Exemd'm M= pmvm doaaout family under a lease. o! this
Order 12E31 Iir&WISm, bu asses Retemtoo of reoord&
astnre t ciao rote oo u "
determined that this role don not haw sac Audit owned " "lmtfAowtsed
"Gdardlsaa Implioadoe s" beaausl It Was HUD revteer of LUHA pedamance. property," or " i1•owoed properly"
don not haw eubetanIW direct effects meat Cansotsve gad mndW wdmc whets the o ataxt ragatres identification
on the State (Iadaditsg theft poYtlal A„ryelryn Soo. as Houalog and of the particular ageaay j
subdlvtiwo or as the distribution of Comm olty DewbNrrt Ace of less (t2 TmHA" means the Farmers Home
power and »epoad dos amon the use ttoke Mo.?(a Department a Administration. an agency within the
vaslew level of govermsut Thfa nde Hcealeg and thb.o D.retogace+ Ant (u U.S. Department of Agicalta t
Pdmat talaxas and simplifles the U.S.C. 36311(d)14 "Homateadal" means an Individual
criteda for wleedag homeatesdem. The i seat Stns sera pApsom of rquwae, or family that participates its a local
provision under this rule that authorises Skop& n=k slopligs rota The urban homesteading program by
Natty and traits of geoenal Well agreeing to rehabilitate and oooupy a
i Investment to doodpate qualified non- aothorindundw section 010(b) of the property to sosoedmoo with
tooaaalt as u~rbaati6o~oeetiuadkW dso Housing ad Commtmity Dewopmant ! 54071b)lb6
is merely a lunation of deception end Act of IM. The le generally HUD" means >!u U 6 De
's of
tbo tio« rat a powers And administered tiro pep~t's Housing gad urban DMWpmant
»apoasibmiw of the Slaw or units of field offion. which as provide focal urban homsateadW any'
lo~ee~ ioformatlon to the pubiio about the (lLUHA) means a State, a unit of pawl
Order 1AS0AtrAe p~,ur Stave and looautta padfofpetiog, tee load t or a public agency or
ne General Comm. as the Designated well as tech dod godsum oa to amity erpoisatim
O fidaf aadw btemod" Order IM& pas ticipanto about app)ytn/ for and red le aoooed.aa with I tA0 f(c)
rho Fmrlh, ha determined that this rule operating the program- by a State or a Wt of postal local
don not haw Poteetial sigoiEaot lb) Aupoee.'ne pnvpoes of the Urban govwamut
taped on family formatter. Homatndiry Program is to tan existing "Load urban hossesaadiag program
mafstessnw, and pae»I well-being housing stock to provide mean she op taunt prooedu»a and
beosess it does not abed the aaeaukA homaowneehip ovp~Audties, primarily requireouna dewlopad by a LUHA and
and bad to of the Urban Hossnaadfa/ for Iowa Income -'Ll" thereby splom"d by HUD in woordana with
program so far u the beneficiaries of ertaurWlol public and pdwta this part for selecting and onveft \
the prop an aomersad The rile tamnossat in sal: ded neighborhoods tederallyorwtad properties to qualified
prieeWly isimpli9w some of the and assisting in tbetr preservation and homesteaders.
requirements and makes procedural revttallastim ns propu provides for "town Income Camilla" mesas thou
steam witch do not affect the the trandw without psymant to a local familles and fadlvtduals wbow adfusted
intended beneflaiades, urban homesteading agency (LUHAJ of Inoomes do not exceed 00 per entum of
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23938 Federal Register / Vol- 54. No. 105 / Friday. June 2. 16M I Rules and Regulations
the median income for the area. as shall develop, in eomplienes with thle with this secdan and with afff madve
determined by the Secrertary under Pert, a low urban homesteading
section 3(b)(2) of the Unit States Pro gram con markstlng objectives undo
Hawing Act of 1937, Under the element, taming the following major Mill )(e)(ti). Such Prefemon based
provision of 24 CFR Part 813, the (I) Selection ands r went of an upon th en the Leentl location
time the not be teed
Secretary's income limit for this property's. The ngths tie she the
prro shall include homdition oha resided to the
purpose an, o tad annually and an procedures for gel ctini federally.
are availabe from the Roguing owned pro ertlse sWtale for Jurladtctlon or the aetghborpoad Also,
Management Division In HUD field homestesM and for manapins the ~ no who u* employed, or who have
offices. d _ the D~m nudged that 1u
Qualified communi " properties be on tmndltlou ve been hired t1Z
ty aganlsatioa con reyance to homeete idem The the Jurisdiction eb be extended any
has the meaning specified In program shat also proslde that by preference available to current
1 5(t0.7(c)(4). residents.
Section 810 [ands" means funds acoopgas a property under this (3) Coe `ditlonal conve
evadable to rel ands" I o fln ds or p the assumes liability for ' Yana The
Jury or dansap to pumas or property Prim shall provide for the Vey Y.
4 VA (as applicable) for federally-owned by roam of a defect to the dweltimg.lt caaditlottal am once of bderall
ProPat y traasbrtsd to LUHM in eq tdpment or appuMnamcss or for any owned properties to homeetseden
accordanoa with this part. other reason related to ownership of the without any substantial consideration
State" means any State of the United property, within one gear. or lees, of title header
States. an Instrumentality of a State (2) Homahodar selection. The to the LUHA. unless otherwise approved
approved by the Covemor, and the proynm shall include equitable by HUD In writing prior to the trmsfer.
Commonwealth of Puerto Rim procedures for homesteader selection 141 Tha
UdI of general Ioca1 government" which protl~uam eball
means an City. county, town, township, (1) mcelude pro
speotlve hotnestasdere undertake. or assist the homesteader
polish , or other genanl purpose who own other residential property In arrengimg, fJaa" for the
political subdivislon of a State, C=am. (Il) Tale Into account a prospective re(ebilltadon required under Ibe
the Vis~ise Elands, or Amedean Samoa, homataadaes capacity to make or homesteader agreement Whov direst
or any general purpose political allies to bs made the repairs and Federal loses under section t2 of the
aubdivislon thereob the District of improvements required under the Housing Act of ION (42 USC .4t12b) an
Columbia: the Tmet Territory of the homesteader a raement Including the used as a rehabilitation Am
Pectic lsIaada and 1ndEn Mba, bands. capacity to conwhos a substantial resource by this LUH& the Vit shall(
groups. and nations of the United Sties, aatount of lobar to the reh"tatlon snake reasonable offortale to aWei HUD
m~ud g Alaelts Indlans. Aleuts and prone at to obtain avaloUna bum to monitoring and eeamiog c
"Urban honlutu Private sources. t, 69, ty with the terms of the Was di y ~
ding neighborhood" org ,)dgiooe, of other eounest, h0mpteadare conditional tilt period.
maim any pograpbic are approved by IIII) Provide that membership In, or (e) HomabeobrAorseaunt The
HUD for the eomduet of a local urban other ties to ate organisation Primsbal(pesslde fa th s lue don.
bomataadiag run that meet the N
re~ulnmeale of this art o1an1 tion) any ' t' oononereat wi m u a peel of the
may not be mods a factor
VA means the & Department of selection as a homataden howestesid n°0s~sr- m- ~t, ° NM the
Vetwons Make. (Is) blade lousily adopted otitavis LLUH and the oh mesteader wbkb shits
1 ear t oyes o rgrltsatenaa n my r eastabW fla uch ppaptaertthe yy require the Domesteeder
(a) Dafgaerlono~ urban for which a homesteader is being M To repair. within we you from the
homabadingney0borhood.• 1 sdeated Provided that a prospective data of oondidonaf oottveysam of the
coordinotd app wh toward homesteader who is a one pe wa proPart1'to the bomestade,'
m4phborhooodd far tarn set The household shalt seat be permitted to detssoes that pow a ndetomi W~yer to
god or remive apeOpa~ty beviag man than twos and eatery;
bedmome~then are no I (tit To make or mass to be meda
w
OMA 11 w3u MM gal am housobolds as the waids list addltkna( npaleu and Impowmao4
homesteading program, and It shall nthe, otwithoundi" the relative seendi n to meet the develop a plan that provides for the of ~y appiio ed
ba
il
itoy
ltaprOVemaot of these u4bborboods ~ b0°'o1~ es the e htoaaned~aedwi for rot cab, ro the dat I
through the homuhadtng program and 1 " 0►(b0 v of oondltional oaoreye~me ~ the data
the mpp+adlag of community seerlaM v) t'! before a property is ProP~ to the hoasestaades and to
and lac@dit and through other a to othw pt~ey comply with asy eoeepr ua a read"
mseeurse needed to seem a smdtable hou ssesaders who an oIWble the m auurm deelgoalad 6y tDa LUF1A u
Uv ft enslrco ns oL is aosubba ion Mth property will be oCentd to alloble lower PAK Of the tepalret
an_ y othter f~ the private r+Mtal esdm income famill" and (W) To ootwpy the property as his or
s (si) tndtde wher reasonable "Wagon her principal raidenos for mot less than
paaraL the 2 t should eeled crit ate which an aoasistaat with this five oawmtive Yom from the does of
ooee~~hhberDeods to
tG1phat it and reasonably 1 g10•y 2) sad which shat be Initial otempenoy Motor u otherwise
anWdpats homesiaadty a minimum of specified 1o the appliam's application approved in whdq by HUD on a cow
five 18) properties per veer for the pursuant to 111KII(a and by by,44" basis wen - may
LUMA's orarali program dsrtng Its first IiIID miler 1 SMI
full year of opmotion and each program criteria wAkwo °rIblet with this
ti may tar the re(ly) To rot tent masts
yeas thereafter,
&W 100aal b. ben only to Wants tD of god r Ii to th or (Iv) To paean raaumble bspeetlms
, h~W opmatf of local tauten o ther Ioe at baaoeabie tiros br smp~
W Proir~ The applicant extent that they an no Inconsistent dalgnated synta of a UIFiA to Of
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oFederal Router / VOL 54. No. 106 J Friday. June 2 1989 J Rules and Aequladorts 23939
i
determine compliance with the (c) Dem4nadan of LLM-(t) least the followin! provisions, and
agreement: and Amponsrbditles. Under the noW4 inconsistent therewith:
(v) To surimader possession 06 and requirements of this i 500.7(c), the (i) The agreement of the LUHA to
any lowest Inv the property upon applicant shall dalgaate a LLUH& carry out the local urban homeatesanj
h material breach of the homesteader which shall haw pAmary responsibility program. Including the acceptance
and
agreement (including default on any for administering the local urban conveyance of due to properties for
h t rehabilitation financing uttered by the homestsadlag program for the applicant homesteading purposes, in accordance
pmp ty u determined by the LUHA The LUHA shall be the legal entity that with the Act, this put, and the
in a with this put aoospts tide in its own name to applicant's HUD•spprwed urban
(e) Monitoft and selecting feduaily-owned properties conveyed by homesteading application:
successor hoatnatadars. The program the applicable Federal agency wlt6 (ti) The agreement of the LUHA to
j shall provide that the LUHA Will nimbuesement from section $10 funds hold title (and the right of mnrter or
f monitor the homuteader's Compliance and which oonwye title to such other lot~ retained after Conveyance
` with the homesteader agreement will properties to homesteaders under of condition-, title to a homesueder) to
revoke the Conditional conveyance and paragraph (b) of this i 5W, Although former federally-owned properties
homesteader agreement upon any the applicant may at any time 413#110 Ito conveyed to It under this part is trust.
material breach by the homesteader, local urban honnesteadlag proga13 to solely for the p of conveying such
and, to the extent necessary and desi pats a new LUHA. suble=t to HUD title to bomesteaden (or for such
practicable. will select one w mots approval as described In if 390.nb u of alternative use as may be approved by
su comew bomesteaden for the this part neither the applicant nor the HUD( pursuant to this put, and not to
property. The LUHA shall make designated LlJifA may delegate or convey, encumber or othermot deal
1 reasonable effort* to amours that any contact out to another I entity the with such property for its own benefit or
proposed successor homesteader 14001100 of sCceptieg and ocawying in account:
assumes an section 312 lea on the Its own name title to pmpertlas for (iti) The agreement of the LUHA
property, sub(eet tc HUD s provel of homesteading purposes under this put. promptly to auiga or convey title and or
the terms of the aoomptio t If the To the extent permitted by the other interests to properties bald under
LUHA selects a suooeseor homesteader. applicant the l il(fA may use third this part to the appllosat. or to such new
It shall r"Wre the euooauor Partin to contactor, consultants, or LUtiA a may be designated by the
homesteader to assume the ads" agents to assist If in eare~n~ out other applicant and approved by HUD, if the
homatesdoes ~~l1nniinngg obligations fu0ctimts and asponslblLtln with applicant terminated the LUHA's
under lib/her homesteader agreement aspect to the local urban homesteading dowser". and the applica
and ocndttlonal Conveyance to program. by entering into a written t c~pila0os with this pact However. the agreement between the LUHA and the and PM n~ UIHA's
rat that LlJlf/1 shit require the successor third party. No eoch agreement shall be designation shall not relieve the
hortmiader to OCCUPY the PrOPI-tY for deemed to relieve the LUHA or the applicant of lull responsibility to HUD
at last five consecutive years after hell applicant of responsibility for the third for the conduct of the local when
she assumed then obligations unload the party's aCom in Connection with the homestsedtog program, and that HUD
LUHA requests and HUD approves a low urban homesteading program. may take any mitetlw ear mas"td
loon occupancy period where (2) ldandry of ILML The LUHA must sclion under this Peet ggglost the facilitate Federal no.oossary rehabilitation loan under of a when
bad~authority tPr~ "a local aMs of the LU}fA or both. solely at j
section 31, of the Housing Act of lom described in this put inal~6 the HUD's option
{ (4) L1s/fnldon oJQuabfld Coaunrrtily
(4! USC 1463b1 of any other publle or authority to socept and convey titre to Organlsadon, As used in this past the
private finat►oiog, Such Period. will not properties under paragraph (b) of this term "qualified community
be )sad than the greeter of (1) two 1 gg", To the extent Coatstent organl"dW means a private non-profit
additional yeas, of (ti) the remaining therewith' the applicant stela or unit of Corporation. which Is:
, amount of the original occupancy I"-rel local government may: (I) Incorporated under a tpptinable
Per" (I Act as LUHA In its own name. State or local nabWrg [y don and
(7) Are simple ddet The program shall w e identifying within its which his the authority Ueceewy to
provide for the conveyance of foe simple admialatretive organisation a lead carry out the pwam
title to the proparh tram the LUHA to department or agency to act as tke (it) Coatrolled by a Wald to director
the bomesteaddeue, or successor pprimary contact point for HUD. VA and whoa members raceive ao
homesteader, without substantial FmHA as described to 138011(6)(79 oompensetion of any kind for the
consideration upon compllanne with the (11) Daslgnate, and enter Into a written performance of their duties: and
terms of the bomesteader agreement and ageement with, a Iga11y Separate (W) Is organised exclrtlvely for j
ocedi8nes) oo iveyasum public body or agency to sot as LUHA In charitable. educational. at scisaWto 1
(a) Horwebo V fnfeo rible: 6000fdanne with this part: or purpoaaa• or the pmmodon of eadal
ahemadw use If completion of (it) Dulgnate and enter Into a written welfea, and qualiffis as an exempt
homesteading proves, in the ludgment of agreement with. a auamd community organisation under pwgre l31 or (4)
HUD, to be Weemblet foe any reason cryan', don as defludd in i MJ(c)(4)) of section 601(0) of the In venue
} after s LUHA her acceptd tide to a to act ms LUHA In accordance with this Code of 1660.
federally-0wead property' the LUHA put 1
shall not damolt+b, di+pas oL mat or (3) COnwt of Aynament With t Lb" of M YA+srne4 I
otherwise cove" the property to Its Disigrrotd per Uo Agency or Quolifled
own Use until HM approved as Comorrurity Organ/sadon The Its order to laalUtsos planning for local
altematiw use oonal tart with the applioaet'C written Weemnt with Its urban homesteading programs, HUD, "
coordinated approach to aighbu:hod designated public gncy a qualified FmM sad VA, upon request barr a
Improvemnt Community organWtlon shall contain at tUHA tech shalt provide the Ll1FfA
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with a heting of all cesidaatld one. to consultation with HUD/FHA. FmHA or for selectin8 a successor homesteader as
four-unit properti" in the LUHA's VA as appropriate.
required by Ir for o e); and
I Jurisdiction to which they hold tide and Participants with previously M Proce
1 which are not subject to executed repair approved applications will ll be required to the col residential p fee
or sale contracts or losses. no LUHA to subruit the he ftems described ow to recei receia title from the . FmH al prop-
shall give the public access to the list paragraphs t i n received from HUD. A or VA
during ordinary business hours at the on 0.11 ) with ( their aaangu&I and requesof Without! subl
t homestodert"on conhJ& to the
offices of the LUHA. for program participation for the first coahPllan" with the a or her fall
if 300.11 AppkWona Fdered fiscal year following tSo in F 599.7(b)(7J. gresmsot required
a (eulnitlal appG'cotion nrgeiromenm. effective data of this regulation. Except (4) The applicant or the LUHA her.
APP cants may submit as initial for those items, HUD will deem the before submission of the appllcati=
g, applicatl to under this part to the initial applicadom still m effect to it was (d) Developed a plan for a coordinated
a
responsible at ppac Lion HUD Field Office h any finally approved, unless the applicant approach toward neighborhood
timed the year. Applications shall under paragraph other amendments Improvement to required by ~ 390.7(.)
consist Y paragraph ph ( (cc) ) of this section. ctlan.
(rJ s Standard Form-424 (c) Amendments, if the applicant (il) Provided citizens as adequate
(2) A map of each proposed urban hAsh°s to change any element of its opportunity to express preferences
homesteading neighborhood with local urban homesteading program that about the proposed location of the urban
geographic boundaries indicated and is specifically described In the HUD homertes ceigh to:'hood en
census tracts shown: approved appIlatlon (each as the naiggltborhoo and to comment on the
I I entlfication of urban homes leading plan for a coordinated approach toward
(3) A brief statement of the local goats neighborhoods or the designation of the neighborhood Improvement
for the homesteading program for each LUHA to out the program), the
neighborhood selected: (3) The applicant and LUHA will:
(4) A deacri tloa of the a licent's applicant she submit Its proposal to the (i) Aesure nondisa I aeon in the
p on HUD Feld Office for approval before selection of homesteaders and that no
proposed homesteader selection ekSax
procedures which complies with hall idea Y each thaws, 'lie cements eilgfb parson is dueled egad
rth OPPO, I
1 ! 580.7(b)(2k to be ch "F~ cally the elements
on. equal for housing, or excluded
(5) The applicant's proposd legal named and shall set forth the the from equal participation rogra to the
I` Proposed cae submitted homestead
documents which when road together amendments b may may b be mbmlttd with as program on the beds of
comply with I $90.7(b) (3), (9) and (7] aortal eegcest for ram creed. calm. national origda, age.
Program art(dpat(on sec or ha" PPing coaftwind that
i( {6) An "climate of the aawant~ofg at at any other time during the PrV m it will comply with all negdremeab of
section 910 funds to be used dn. the year.
mh 7111t VI of the Civil rteat Fedora) ltoal year and a (d) Cert AMdorts. As art of Its Rights Act of 19w
statement con ra* the hede for the application. this applicant shall certify Executive Order 11091:11te V1U of the
estimate, irmludfng the number of that Rights Act of tot, as amended;
student XX of the Rehabilitati apace the be ~ governing unapt for Stabs, the aPDllaa1' Ace ptttmim uAct of
eons~ix you body s ISM the c tatlou wiuf HUD FHA, FmHA or has daly adopted or 12M section 392 of the Housing and
VA as appropriate f passed an official eat rosolutloht Commxaity Development Act of So97
{7) The sppllcaat's written agreement won' Of similar actloi aathmidnif the and aA applicable regulations bowd
4ad UM of the sppldaton. Including at under the" nothoettles. In any, activity
designating Tb og its LUHA which complies R
and o"araaoee In Its local urban homestead
with 1 tlamc), or, it the applicant antaload la thestlRcadona, and Pram
proposes to act as its own LUHA, (2) The LUHA possesses the Sep( (if) EmPloy afExmod" maricating
Identification of the )"d apaay outhort to sad will arty out the lord procedures in the advertising of
Primarily responsible for administration urban homastes~ng Program described homesteading propery
of PA, program; cpprowd app(Icstlon in
(d) of this on: an cats_ ta l 8 actlq~d by m a ard-n ° with fhb Part iadudlag the lea(8) 71h d-based pt aint Prwill with the
p:ngrePh a
oced ores set forth to
18) Any additional docameotation in # M program requirements described : 4 GFR an 53 for Properties
HUD specifically regn"b ailrr mew (3) The LUHA has- o00°titlt os etrbrtaataQy
to 1978.
of the initial app8catlon under f 980.11. (q An adegnrb administrative rehabtitabd of
(b) Annual RtQusrisfor prognsal organlsstion capable of out the The ~ will submit an
PorHclpaUoa (1) An appbcw that has Program (a a timely and coat a active PasPtloa ssisti HUD requatts in mat ~ the
pnvlotuly subsaiteed and received manner: ose of aassisting HUD in ttwtLg its
approval pf as iaitd applieatlou under (t) Procedures for "teClla and anCFR rlroa Part c t 50 30 and lades Z+
paragraph (a) of this section shall ioC accepting ble for Resources ad the CoaiW $aMer t
the HUD Field 00109 in wedftg or ~r b propertynbablilbtoa as n* ources Act of19R2
befo» A uired (tl) e we of my
ugcet i of each sacoeedirhng required by Jsad ha two 7(b)(i) under this part hap be subject toed
a year d it vsisbas to aontlaue to the (ill) Proceduac to assist in emngiog, sections logs) aid 202(a) of the Floyi ~
pro~am At the acme time, the applicant or for itself to undertake, rehabilitation DI"atar Protecton Act of f971 which
ahsit notify HUD of Its estim to of the &MCI" for property conveyed to re pectwly
section 910 funds to be used during the homesteaders, "rogndred by flood- rag owners of assisted
upoomlog Federal fiscal year. along with 13o0.7(b)(4).MS ProParty to purchase flood
as explanation of the basis for the (iv} procedures tot monitoring insurance and requires participation by
esuEm ts. including the number of b ttaatoadee er the th~t community Prop fa the National flood
properties expected to be acquired eevoltim a twnditlfetu ll ~ and for
during the year, prop" after au1M broach of the agreement. cod (e) no sp~t and dedpated
groemant LUHA will give HUD and d the
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Comptroller GeoeraL through their propertes. no agreement also obligates paragraph (c) Of this section lilJD shall
authorized representatives, some to the LUHA to ass the properties in off: ro transfer the title of a HUD-
boo the right to sxamiaa all eeoarda accordanes with the Act this part other Owned property to a LUHA, without
books pepatt or documents related to applicable laws and regulations, and its payment if
the local urban homesteading program. approved application. However. the
f (9) The LUHA will maintain in writing agreement does not obligate HUD, a (1) The property is loured in a Him.
and an file a description of its approved Fm}IA or VA to transfer a s Pproved urban homesteading
local urban homestu p~c neighborhood:
ding program for number of properties or particular (2) Ths LUHA toes notified the HUD
f` public Wocmation and review, properties identified In a program Field Office, within the applicable
S } St613 Strdarde fr MUC roview and application. or a program amendment period specified In paragraph (a)(1) or
approvy of s toast. urben homesteedsre 1 SKIT Trrrfetof HUD-owned property. (aH2)(U) of this aeation. that it intends to
props use the property in the local
(a) AppG'catr'on& The appropriate (a) Property dispwiron assistance. HUD's property disposition activity homes teading program;
HUD Field Office will review an hallSupport props [oval urban homesteading (3) HUD has reserved section alit
applicant's Initial upphcation and the programs as follows funds is as amount sufficient to
Field Office Manager will approve the (1) After execution of its initial urban reimburse the applicable housing loan or
proposed local urban homesteading homesteading agreement. but before the mortgage insurance accounts for the
program, runless the Field Office initial selection of any HUD-owned estimated as-is fair markst value of the
Manager determines that the program property, a LUHA may request HUD to Property, or a negotiated Lesser amcanL
does not comply with the Act this part suspend its routine property disposition Plus closing costs as approved by HUD.
or other applicable laws and activity for up to 45 days for HUD. and
reguledoas, or that it is plainly owned properties listed under 1590.9 (4) The HUD Field Office determines
inappropriata or plainly inconsistent and Identified by the LUHA as located that the requested property to suitable
with available facts and data. Lf the In a HUD-approved urban homesteading for the approved local urban
progrem is disapproved. HUD shall neighborhood. Based upon this request. homesteading program. as follows:
notify the applicant in writing of the HUD shall state in writing the Ilarting 0) The ap"d•upon transfer value of
specific reasons, a red closing dater of the suspension of the property does not exceed .5U5.000
i (b) Annual request# for progmat pz,4wrly disposition activity for ail such (excluding closing costs) for s ono unit
participation and progmm amendments. Identified HUDcwned properties. atrtals family residence and an
The HUD Field Office wnll review any Dutirg this period, the WiA may notify eel tienal418.000 for each additional
proposed application amendments and the HUD Field Ofes of specific HUD. unit of two. to four-f trady nsidsnceq or
an applicant's annual request for owned properties that it Woods to use (u) The Field Office Monapr
program participation and will approve in its local when homesteading program aathorizee, on a properly-by-property
the applicant's submission unless the under ehlt part basis, the transfer of a HUD.ownsd
Field Office Manefer determines that (2) With moped to Properties coming propom where the agreed-spore tranafer
the proposal dote not amply with the into HUD's Inventory later. the HUD value sxusde the pnooding limitations
Act this par, or orbs: applicable laws Field Offices aball develop and if the benefit to the community expected
and regulation. Is plaloly inappprrooppriate implement property disposition plans for from the expedited occupancy of the
or plainly Inconsistent with avt=d& HUVowwd groPartlas Located In HUD. Property. and the expected reduction of
facto and data. or that the applicant's apliroved urban homuteadtn~ dtlscultles and delays (such as
' put pests does not meet the neighborhoods.Ihese plain shall vandallsin to the Property) that HUD
standards of jce 5S0.29(a1, HUD will notify tinnecldee the following prooodul typiaLy encomten to the dtaposition
the applicant La writing of the specific (I) An. wan as fsaiililo. but in so went end sale of peaparty. warrant the
rotowns for any disapproval Program lair than tan days attar HUD receives a additional wet to tha Federal
ammdmenta will be wwidead nodes of ptoprq trandr and government
approved as of the date of HUD's application for insurance benefits for a (c) &reptioas. (1) If a LUNA fa1L to
written sotificatlon of approval to the HUDowned located in a HU,1- accept title within 30 days of Its
spplicaa4 Annual requests for program approved tuban homesteading ar:uptam of HUD's offer of it prop"
participation will be cooaidered neighborhood. the HUD Field Office !or a specific Pries in accordance with
approved se of the data of HUD's s notify the LUHA in writing of the PareSrephs (b) (1)•{4) of rids secti=
written notification to the applicant of potential availability of the property for HUD may approve an alternative
approval, or notice of satisfaction of any hemesteadia& disposition place for the property. The
approval conditions. wbichaver is later. (ti) The HUD Field Office shall not HUD Field Once Menefee mi y extend,
fowls Wrauu approve a properly dispo ,d eogrem for a ressonabie period of bane, this 3n.
w M to"Wern for a HUD-owned property nnpthe day doo"a if the HUD Field Office
LUHA has informed the Field Office. in Manager makes a written determination
Upon approval of in Application. writing, whether or not It intends to rise that soesptana of We by the LUHA
HUD. the Stab or unit ofgeneral. local the property in the local urban within 3o days of prove my selection is
government and the designated LUHA. hom stoading program, of until 21 days Impracticable. A reservation made
it any. will erneate an urban from the data of HUD's notice, under panlRapph (bJ(2) of this section
homesteading program participation whichom comes firsL The Field Office may be:ensiled by HUD if the closing 1
=Ipeem act in the form pis a bed by Manager may extend the 21-day for the applicable property does not
lit1D.'I'be agreement authorities the deadline if the Field OfBes Manager occur within the time permitted under
LUHA to regent HUD. VA and FmHA makes a written determination that tAta penpaph (c)(4
to transfer proprtles to the LUHA under notification by the LUHA wilt 21 days (2) A property otherwise eligible for
the provisions of this pat to the extent is Impracticable. transfer to a LUHA may be need to meet
that funds available ars sufficient to (b) Gondidons for trmtsfening HUD. higher pdorlty needs Lf the Field Office
re lmbarse the federal agency for the owned properties. Except as provided in Manager makes a determination in
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eg: tee I Vol. 54. No. 105 !Friday, June 2. 1989 I Rules and Regulations
writing that the property Is essential to paragraph (b) of this section. and the I tN0.44 Preg o eloee•eur.
meet an existing legal obligation such reservation may M cancelled b! HUD U (a) lru'dadon of closeout This section
j as: it does not prootmbes procedures lot program close-
(s) Settlement of a sales warranty out when continuing a program is no
datm: limit Use of s"Gen sic hres. longer feasible or when the beneficial
(9) Settlement of a maim under Section 810 funds may be ased to results are not commensurate with the
section 718 of the National Housing Act reimburse HUD. VA or FmHA for further e
for critical structural defects in certain federally-owned ~d~ of section 810 toads
to four-owned properties. Section um 810 in a locality's designated urban
one-
o h cgs: funds may not be used to reimbburse homesteading neighborhoods. The
(ill) Emergency owing needs LIIHAd for administrative coats, nor LUHA will Institute closeout
(disaster housing and urgent public may they be rued to accqquire property procedures. In accordance with HUD
housing needs, such as providing shelter other than through =eat for instructions, when one or mom of the
for the homeless} federally-owned property. participants following occurs:
(iv) Reconveyance for noncompliance receiving Community Development (1) no LUHA determines that It does
with 24 CFR 203.383: Block Grant (CDBG) funds may charge not Gave the capacity to continue
(v) Reconveyanae pursuant to a Civil eligible administrative expenses administering the program In a timely
Frauds Art seKlement Incurred In open ting their urban and cost-effective manner,
(t eyana when the homesteading program to their (2) HUD terminates the LUHA's
mortgage ge was never insured. and otherwise available CDBG program because the LUHA's
(vii) Other legal obllolgetiana as administrative funds provided such 1
determined by HUC. onaance does not meet the
administrative expenditures would standards specified In I500.2gsk or
J900.14 Retcrocrsement la fnWA and VA. satisfy other Title I requirements. (3) HUD tetminatee the LUHA's
The Secretary shell reimburse FmHA program because the LUHA did not
or VA from a LUHA's section 810 funds 1 eso.21 Reasr -UN at tunda ac. any fedenllyowned properties
In an amount speed to between the After execution of the applicant's in ae previous two Federal fiscal years
LUHA and FmHA at VA for FmHA• or urban homesteading program and because local market conditions
VA-owned property go approved participation agreement during the first demonstrets that in insufBdeal number
closing costs. under Nn. fallowing program year, and thereafter foHawing of affordable, federally-awned
conditions. approval of the applicant's annual properties is likely to be evadable for
(a) The property is loaned In a HUD- request for program participation. HUD the next Pedeml fiscal year,
approved urban homesteading will roserva foods to reimburse the FHA (b) Cloee•out may be subject to later
Fund, HUD's Itsbabilitetioo Lon Pond audit to accordance with I Saiaz(b).
) HUD has marred section 810 FmHA. and VA when specific properties (a) Close-Out CoA&M2na Upon
review,
finds in an amount suf8dent to support ere Identified for transfer to the LUHA. completion wall of HUD dose-out
as letter of
the &greed reimbursement including to stated in I Sall or 1740.28. Funds ~pwtl send the LUHA
white HUD ma cter of a HM oil a first- (o) fbe~ imbuewment (excluding cowill be reserved me. !feat-served by subject to Coadl may reflect tmasat
closing Costa) does not exceed the leeaw availability hem the applicable field a t atement dofsedltaes to meet than and
of the amounts specified In paritompha office scar a statement any regretted interim
Issstprmeat except that field
(c) (1) or (21 of this meadow, ofas may designate a tamporaey,°Ca In addittoa to wr1~
011)120 000 for a eneoait single minimum laftlal allocation of seotien 810 o we dome that may be epedfieaJly
clo e .
ramify residence. plus UM for each funds to be exclusively available for set forth in the tither of le a completion
additional u t of a two- to four-family each participating 1.UHA for a period wL whatever chtlla mans
not to exceed 00 days Gam the date the
homesteader
(U) An amount greater than the necessary to eafota the fee aim
amount in paragraph (Sc)(1)(f) ofthis LVIiA is notrfie of each temporary the
ry agreement and aaaplets final fee simple
section. If authorized a the HUD Field allocation During the term of the
conveyance to the homesteader or a
Offioo Manages on a prop" by- temporary allooat11 all3 onons auoceesee homastesder, a te obtain
property basis, when the benefit to the made under I740.i or 13"10 9028 on
aitemstive use approval from HUD
community expected from the expedited behalf of the particular LUHA for uadet 1340.7(b)(s), foe properties
occupancy of the property and the specific properties 9ha8 be charged to conveyed to the LIJHA for bomateading
expected reduction of difilculdes and the allocation. After the'temporary prior to closeout LUHAs an required
delays (such as vandalism to the allocation her been used, or has to report to HUD on a quarterly buss
propac,y) that HUD tyyiaally enaouatem expired the 1. M shall compete for until each peopeety has base conveyed
in the disposition and lass of slang" reservations &am the balance of the in fes simple title to the homesteader.
property, warrant the additional con to Field Office subasdgament with other (d) Monitorfay of cloasaf-M
the Federal goverma nC or LUHAa In the Field Offica jurisdiction. pia HUD shall monitor domed cat
(2) no amount osrtifisd by FMM or At any time during a bawl year. HUD prorwas to determine p with
VA to be a fair value for the property may decline making funds available any condition imposed under
based on the letter of the ma kmt va[us when in HUD's judgment the LUHA's pan ph (cl of this section. the
or the sanount of FmMs or VA's claim performance does not matt the catocations under j Satildp the Act
plus the expenses connected with standards sat out In I890.24(s) of when, this part and other applicable Pedsml
Federal owparship; and den to market maditions in the area. laws and regulations until the LUHA
(d) no property has been conveyed to them are an fns.tf ldent number broaden fes simple title to all Uderally-
a LUHA for we to a HUD-approvsd (generally less than five) of affordable. owned properties to the homesteader. or
local urban homesteading pro Fam fee fadenilyowned prapmties available to until HUD cep an alterative we
clool" aball cant not longer than 30 warrant condonation in accordance and the U MA *Wmenta It under
days after the reservation is made under with 1800.7(s) and I X0.13. 1840.y(c).
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Federal Register / Vol. 54. No. 105 / Friday, June 2 1988 ! Rules and Regulations 23943
r i "us ReletMbn of teoorAa (4) The LUHA is making reasonable (a) Issue a letter of warning that
The LUHA shall maintain adegusta progrees la morlrrg pro as through advisee the LUHA of the deficiency and
financial records. property disposition as tages of the homesteading ptoan. Puts It on notice that HUD will take
documeata, supporting documents, lndudiog acquisition. homesteader more Serious corrective and remedial
Stawtlcal records, and all other records Selection. conditional conveyance, action r! the LUFtA does not cones t the
pettiment to the local urban rehabilitation. and final conveyance. deficiency, or i(it isrepeated
homesteading program until fee simple and Is not making an unreasonable (b) Advise the LUHA to s
title bad been conveyed to all number of mquests for extension of the us~°d
homesteaders, Seam Ily a five-year time periods specified in i 690.17 Identified fe not lam cosh for
ogramdefective aspects of the local
period. The LUHA will loo maintain (02)(11) and (c)(1J: program;
current and aecursto data on the nu (6) The Im
and ethaici of beneficiaries. Improvements (c) Condition the approval of the
ri Prog*m neighborhood public facilities and
i Mx Aadlt services provided for in the cwrdinated annual there surequest for program dprogramenw participation a la
c
lack
(aI Access to records. The 9emtary approach toward neighborhood If Phm aa° ian a lad of
LA the Comptroller General of the United bee ancient an Occurring an a tlmcly waGp ry In each cases HUD
States. or any of their duly authorised shall specify the reasons for the
representatives. Shell have access to all (e1 The LUHA has a continuing conditional approval and the actions
books, accounts. records, reports. files. admfnbtrative and legal capacity to necessary to remove the conditions
and other papers or property of LUHAs carry out the approved program in a
(d) Incases of continued substantial
pertaining to funds or property cost-effective and timely manner.
transferred under this part for the (b) In reviewing a LUHA's noncompliance. terminate the urban
purpose of maId erfcrsutce HUD will wander all homesteading program participation
cy surveys, audits, P agreement dose out the program and
examinations. excerpts. and transcripts. available evidence. which may include advise the LUHA of the reasons for such
(b) Audit The LUHA's financial but need not be limited to, the following: action or
management system shall provide for (1) Records maintained by the LUHA: (e) Where HUD determines that a
audits in accordance with 24 CFR Part (2) Resuits of HUNS monitoring of the LUHA bas, contrary to Its obligations
44. LUHA's performance; under i 59o7(b), converted a property "W, evlea of LUHA 0) Audit reports, whether conducted received under this part to its own
we,
Pei to 0 ee by the LUHA or by HUD auditors felled toadequately
(a) HUD $ball review the performance (4) Records of comments and preserve and
of each LUHA that her an urban complaints by citizen and scoat° Protect it homesteader for oper
homeetaadfng program participation organisations and adar tae the e property,
Of rsaiwd axaesive ocosddaratloa for
agreement at least *not each Federal (5) Litigation history. conveyance of the property. HUD may e
fing year to determine whether. (c) LUHAs shall supply data and direct the LUHA to repay to HUD either s.
(1) The program complies with the make available records accessary for the amount of compensation HUD finds
urban hcn a nrtaoprrvgffam HUD3 ennui ewiuntlon of the LUHA's that the LUHAbureal-, furthe
peon agreement
hem ge Ace this part and kraal urban homesteading program, party or the amomt of "Odd Ito
astmatl tuaft expanded for the popeety
other applicable Federal laws and i Ieae1 CenselSee wart fwaselal aatNa HUD dabrmines appropria , as
te.
i tkoes "Was HUD dsters"ss m the basis of
(t) The LUHA is carrying out its its tevLw that the LUtiAy performance Dow& MAY to rasa
substantially u approved by don not rest the standards Specified In AM" IL ti"
lit1D: I SID. sY HUD thall take on. or mom Gamddpey: Aalasst 9reisar,
(3) The federally-owned properties the of the following corrective or remedial gty'P"MW MdDerehNatest
( LUHA Selects am suitable for actions. as appropriate in the (FR Dec. a4-tstn Ned t-wst am as(
homectnding and rcthabilitatlon: cue mstuem testa sees arwwr
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COUNCIL
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CITY of VINTON 1215 E. McKinney / Denton, Texas 76201
MEMORANDUM
DATE: July 170 1990
TO: Mayor and City Council Members
FROM: Betty McKean, Executive Director
Municipal Services/Economic Development
SUBJECT: Approval of Enterprise Zone Contracts
the May 1, 19901 Council Meeting
I and I and format
ordinances were passed at
Zones the Denton Enterprise are
applications were filed on May 7, 1990- approved very the pleased Texas
as
ou that our applications were c
inform y 1940. Upon receipt of the
Department of Commerce on June 21, have two designated
signed contracts, Denton will officially
I Enterprise Zones.
Many times the existence of an enterprise zone is a deciding factor
communities for rel
when determining
the City and
to industry our approval of the contracts,
consideration. Upon your begin marketing these
Chamber nterprisefz zones tocdesirable iindustries.
e
utilizing this marketing tool to encourage
We look forward to economic development in Denton.
t
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RESOLUTION NO.
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN
THE CITY OF DENTON AND THE TEXAS DEPARTMENT OF COMMERCE FOR AN
ENTERPRISE ZONE (ENTERPRISE ZONE I) WITHIN THE LIMITS OF THE CITY
OF DENTON AND THE EXTRATERRITORIAL JURISDICTION OF THE CITY; AND
PROVIDING AN EFFECTIVE DATE. {
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. That the Mayor is authorized to execute an
agreement between the City of Denton and the Texas Department of
Commerce for designation of an enterprise zone, under the terms and
conditions contained within said agreement, a copy of which is
attached hereto and made a part hereof.
SECTION II. That this resolution shall become effective
immediately upon its passage and approval.
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PASSED AND APPROVED this the day of 1990.
BOB CASTLEBERRY, MAYOR
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ATTEST:'
JE14NIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM.
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY.
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AGREEMENT FOR DESIGNATION OFAN ENTERPRISE ZONE
STATE OF TEXAS §
OOUNTYOFTRAVIS §
THIS AGREEMENT is made and entered into this 21st day of June, 1990, by and between the
Texas Department of Commerce, an agency of the State of Texas, hereinafter referred to as
'Department' and the City of Denton, Texas hereinafter referred to as *Unit.,
WITNESSETH:
WHEREAS, the public policy of this state Is to provide the people of this state with the
necessary means to assist communities, their residents, and the private sector to create the
proper economic and social environment to Induce the Investment of private resources In
productive business enterprises located in severely distressed areas and to provide employment
to residents of those areas;
WHEREAS, the objective of the Texas Enterprise Zone Act, Texas Civil Statutes, Article
5190.7 (the Act) Is to provide appropriate Investments, tax benefits, and regulatory relief to
encourage the business community to commit its financial participation (Sec. 2(b));
WHEREAS. the revitalization of enterprise zones through the concerted efforts of
government and private sector is declared a public purpose;
WHEREAS, Unit requested Department to designate an area within Its jurbdkdon as an
enferprtae zone, which Is described In Exhblt A and Exhb l B attached hereto;
WHEREAS, Unit filed Its application on May 7, 1990, with Deparbnent for designation of an
enterprise zone pursuant to the Act for the purpose of revitalizing the area described herein;
WHEREAS, the govemirg body of Unit adopted a ordinaries on May 1, 1990, following a
public hearing, b nominate the area and made tfie necessary flyd% that the zone area meets the
criteria for designation as an enterprise zone as set forth In the Act; i
WHEREAS, the Executive Director acting on behalf of Department authorized and approved
the designation of the enterprise zone on June 21, 1990, under the terms and conditions of the
Act and those set forth herein;
WHEREAS, Unit has entered or will enter into agreements with Qualified Su"oses, ae
defined in the Act and as further defined In its nominating resolution, in which the Qualified
Businesses agree to maintain their status as QuaAfied Businesses In order to benefit from the
focal Incentives available and In which Unit provides for certain local hlcentives, pursuant to
the terms of the Act;
NOW THEREFORE, In consideration of the respective representations and agreements herein
contained, the parties hereto agree as follows: 1
1. REPRESENTATKM Department and Unit represent and warrant, as applicable, the
following:
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(a) Findiogn. Based upon the representations made by Unit, Department hereby
reaffirms previous findings that the zone area meets the criteria for designation as an
enterprise zone as set forth In the Ad.
(b) Designation of Entacpryge Zone. Department hereby designates the area
described In Exhibit A and Exhibit B attached hereto as an enterprles zone, known as the Denton
Enterprise Zone I, sometimes referred to herein as the Zone.
(c) Period of Zone Designation. The Zone shall take effect on June 21, 1990, and
terminate on September 1, 1997, unless Werwise specifically provided by the terms of this
Agreement. Department may remove the designation, following a public hearing, if the area no
longer meets the criteria for designation as set out in the Act or by Department rule or if
Department determines that the governing body has not complied with commitments made In the
nominating resolution.
(d) Zonal-lalson. Unit has designated Its Executive Director of Economic
Development as liaison to communicate and negotiate with Department, enterprise projects,
Oualified Businesses, and other entities in or affected by the Zone.
(e) Qara Submitted. Unit further represents that the data provided to Department
is accurate and current as of the date of application; and that there has been no material adverse
change in the affairs of Unit.
2. PERFORMANC Unit represents and warrants that it will provide all tax relief and
other incentives or benefits described In Its application for zone designation Including, but not
limited to the following:
Unit shall abate taxes on the increase In value of real and personal property Improvements
for new, expanding and modernizing basic Industries, corporate office headquarters and
distribution oenters In a designated zone. The level of abatement shall be based upon the value of
the improvements and personal property In accordance with Units policy for tax abatement.
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3. Unit shall submit to Department no later than October 1 of
each year an annual report of the progress, In narrative form, of acdvltles within the Zone.
This report shall be in a format prescribed by Department and shall Include the Information
specified in Section 23 of the Act. if such report is not reoslverf by the deadline, Department
may, following a public hearing, terminate the deeignallon of the zone.
4. MQNITMI~ (a) Unit shall famish additional information, reports or statements
as Department may from time to time request in connection with this Agreement. In order to
verify data relating to employment and purchases of equipment, machinery or building
materials sold to an enterprise project, Unit and QusUfied Businesses must permit on
reasonable notice a representative of Department, State Auditor or State Comptroller's Office to
Inspect the books, records, and properties of Unit and of each Qualified Business at reasonable
times and to make copies and abstracts of such books and records and any documents relating to
such data. Unit shall include the substance of this section in all agreements with Oudfied
Businesses executed under the provisions of the Ad.
(b) After each monitoring visit, Department shall provide Unit with a written report
of the monltoes findings within sixty (60) days. If the monitoring reports note deficienclas in
Unit's performance, the report shall Include requirements for timely correction of such
deficiencies by Unit. Failure by Unit to take action spwAW In the moniWkg report may be
cause for termination of this Agreement, as provided herein.
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6. CONRJMOFNIMEST (a) Unit covenants that neither It nor any member of Its
governing body presently has any interest or shall acquire any Interest, direct or Indirect,
which could conflict In any manner or degree with the performance of this Agreement. Unit
further covenants that in the performance of this Agreement no person having such Interest
shall be employed or appointed by ft.
(b) Unit's employees, officers, and/or agents shall neither solicit nor swept
gratuities, favors, or anything of monetary value from Qualified Businesses or potential
Qualified Businesses.
(c) Unit shall comply with all terms and provisions of Texas Local Government Code,
Chapter 171.
6. t FGALm trry. (a) Unit represents and warrants that h possesses the legal
authority to enter into this Agreement and to perform the services K has obligated itself to
perform hereunder.
(b) The person or persons signing and executing this Agreement on behalf of Unit, or
representing themselves as signing and executing this Agreement on behalf of such entity, do
hereby represent and warrant and guarantee that he, she or they have been duly authorized by
such entity, to execute this Agreement on behalf of such entity and to validly and legally bind
such entity to all terms, performances, and provisions herein set forth.
(c) Department shall have the right to terminate this Agreement if there Is a dispute
as to the legal authority of Unit or the person signing this Agreement to enter Into this
Agreement or to render performances hereunder, and the conclusion of that dispute Is that Unit
or such person signing did not have such authority.
7. CHAMERAND (a) Except as specifically provided otherwise In
this Agreement, any alterations, additions, or deletions to the terms of this Agreement shall be
by amendment hereto in writing and executed by al parties to this Agreement.
(b) It Is understood and agreed by the parUea hereto that perbrmancaa under this
Agreement must be rendered In scoordence with the Act, the regulations promulgated under the
Act, and the assurances and certifications made to Department by Unit with regard to ON
opiratlon of d* Texas Enterprise Zone Program. Based on these considerations, and In order b
ensure the legal and effective po*wmanoes under this Agreement by both parties, it Is agreed
i y the parties hereto that tM performances under this Agfwment are amended by nAs or
policy directives promulgated by Department which serve to establish, Interpret, or clarify
performance requirements under this Agreement. Policy directives and rule amendments shah
not alter the terms of this Agreement so as to release Department of any obligation specified
herein.
(c) Any alterations, addhions, or deletions to 1M terms of this Agreement which are
required by changes in Federal or slate law or ragulations are automatically Incorporated Into
INS Agreement without written amendment hereto, and shall beoomo effective on the dale
designated by such law or regulations. Department hereby agrees to no* Unit In writing of
any such alterations, additions or deletions of which It has knowledge within sixty (60) days of t
acquiring that knov It edge.
a. IFBmIWUM (a) Department shall have the right to terminate this Agreement,
In whole or In part, at any time before the date of completion specified In Paragraph 1 (c) of
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We Agreement whenever Department determin" that Unit has felled to oompy with any
provlslvn of the Ad or Texas Enterprise Program Rules. Department shelf notify Unit in
writing prior to the sixtieth (801h) day preceding the date of termination of such
determination, tie reasons for such termination, the effective date of such termination. and In
the case of partial termination, the potion of the Agreement lo be terminated, In time case of
larminatlon in whole, or In W, Department shall conduct a public hearing prior to the
affective date of terminatlon.
(b) All of the parties to this Agreement shelf have the right lo terminate this
Agreement, in whole or in part, when all parties agree that the continuation of tine activities
allowed under this Agreement would not produce beneficial results, provided brat elf partles.
agree in writing upon the termination conditlons, including the effective date of such
termination; and in the case of partial termination, the portion of the Agreement to be 1
terminated A public notice of termination of this Agreement shelf also be published by Unit In a 1
local newspaper covering juri„Vilotion of Unit.
2. bj2M Unless otherwi,al specifically provided herein, any notice, request,
complaint, demand, communication or other paper Shall be sufficiently given and shall be
deemed given when the same am: (0 deposited In the United States mall and sent by first class
mail, postage prepaid; or (It) delivered In each osso to the parties at the addresses set forth
below or at such other address as a party may designate by notice to the other parties.
If to Unit:
City of Donlon
215 E. McKinney
Denton, Texas 78201
ktCi: Rob Castleberry, Havor
and
If to Department:
Taxes Department of Commeros
818 Compress, Suite 700
Post Office Bon 12728 +
Austin, Texas 78711
Attn: Executive Dkeolor
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10. CMMAGAEBANM AN oral and written agreements among the parties to this
Agreement relating b the subject matter of this Agreement that were made prior to the
r execution of this Agreement have been reduced to writing and am contained In this. Agreement.
11. SEYMABj6lD . If any provision of this Agreement shall for any reason be held
Invaikc. Illegal, or unenforcesbfe, It Is the Intent of the parties herelo that tine (ems
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pprroivisions of this Agreement shall be consirued and enforced to the full exWM permitled at law
pity, ;
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12, This Apreemenl nxy be exeouled In eweral
which " be an WOW .WW all of which alud ao0 t M but one rM " W~ , of
13. MAMM The aoachmente enumerated and denO"*WW bebw as
made
hMby
thte apree~menol agreement, and aonetlfuts Pr=iW Pork-M. by Unit in UW d.M R.M~
(1) EXIN A. Leila! Deeorlp m of the Zone; and o
I` ( 2) Exhlbk B, Map.
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witnaee our hands effecWe fhb 2161 day of June, t ago.
N 1 I OF DFNTON, TD1115 TEKASMPARTMENrOFOOMMIME
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Aoh 'Castleberry By.
ITS: Mayor WtRiam D. Taylor
ITS: Executive Director
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EXHIBIT "A"
The general description of the area of the Enterprise Zone I is
as follows:
All that certain lot, tract or parcel of land lying and being
situated in the County of Denton, State of Texas and being more
particularly described as follows:
BEGINNING at the intersection of the centerline of Jim Christal
Road with the centerline of North Hickory Creek;
THENCE in an easterly direction with the centerline of Jim
Christal road to the centerline of the Dry Fork of Hickory Creek;
THENCE with the meander of the Dry Fork of Hickory Creek to the
intersection with a westerly line of the Clear Zone of the City
of Denton Municipal Airport;
THENCE witty the westerly lins of said clear zone the following
nine courses and distances:
(1) southeasterly 1,2501: (2) westerly 55011 (3) southeasterly
5001;(4) westerly 1001; (5) southwesterly 700'; (6) easterly
2101; (7) southerly 5,37011 (8) easterly 6301= (9) southerly 260'
to the intersection of the west line of said Clear Zone with the
north floodplain line of Hickory Creek as shown on FIRM MAP S
Community Panel number 4801940015DI 3,
THENCE down the said north floodplain line of Hickory Creek to
the intersection with the southerly city limit liner
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THENCE easterly 250' to an angle point in said city limits line;
THENCE in a northerly direction with the easterly line of said
city limit and Clear zone the following six courses and distances;
(1) northerly 700'1 (2) easterly 10011 (3) northerly 6150011 t4)
northwesterly 35011 (5) westerly 5011 (6) northeasterly 850' to
the intersection with the centerline of the Dry Fork of Hickory
Creeks
THENCE with the meanders of the Dry Fork of Hickory Creek to the
intersection with a stream from the northeast (Stream DF-2 on
FIRM maps):
THENCE in a northeasterly direction with Stream DP-2 to the
centerline of Jim Christal roads $
THENCE in an easterly direction with the centerline of Jim w
Christal Road and crossing the centerline of Interstate Highway
IH-35 and continuing with the centerline of Scripture Street to a
point in the centerline of Ponder Street:
THENCE in a northeasterly direction with the centerline of Ponder #
Street to a point in the centerline of Congress Street;
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THENCE in an easterly direction with the centerline of Congress
Street to a point in the centerline of Carroll Boulevard;
THENCE in a southerly direction with the centerline of Carroll
Boulevard to a point in the centerline of West Hickory Street;
THENCE in a westerly direction with the centerline of West
Hickory Street to a point in the centerline of Bernard Street:
THENCE in a southerly direction with the centerline of Bernard
Street to a point in the centerline of Eagle Drive;
THENCE in a westerly direction with the centerline of Eagle Drive
to a paint in the centerline of Avenue D;
THENCE in a northerly direction with the centerline of Avenue D
to the centerline of Prairie Street;
THENCE in a westerly direction with the centerline of Prairie
Street to a point in the centerline of Avenue E;
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THENCE in a southerly direction with the centerline of Avenue 8
to a point where the eastward extension of the south boundary
line of the Owsley Addition intersects the centerline of Avenue E;
THENCE in a westerly direction with the south boundary line of
the Owsley Addition to the centerline of Bonnie Brae Street;
THENCE in a northerly direction with the centerline of Bonnie
Brae Street to a point in the centerline of west Prairie Street;
THENCE in a westerly direction with the centerline of west
Prairie Street to a point in the baseline of Interstate Highway
135W;
THENCE in a southerly direction with the baseline of 135-W to a
point in the center of Hickory Creek;
THENCE in an easterly and southerly direction with the meanders
of Hickory Creek to a point in the east boundary line of the
S. Pritchett Survey Abst. No. 1021;
THENCE in a southerly direction with the east boundary line of
the S. Pritchett survey line a distance of 1,500 feet to a point; a
THENCE in an easterly direction to the centerline of Bonnie Brae:
THENCE in a southerly direction with the centerline of Bonnie
Brae to the northwest corner of the J. Severe Survey Abst.
No. 1164;
THENCE in a easterly direction along the north boundary line of
said survey to the centerline of the union Pacific Railroad;
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r THENCE in a southwesterly direction with the centerline of the
Union Pacific Railroad to a point in the north line of the
H. Hagood Survey A-517 Denton County, Texas;
THENCE in a westerly direction with the north line of said Hagood
Survey to its most northerly northwest corner;
THENCE in a southerly direction with a westerly line of said
Hagood Survey to a re-entrant corner of said survey;
h THENCE in 3 westerly direction with the center of Johnson Lane
and continuing in a westerly direction to the baseline of IH-35W;
THENCE in a southwesterly direction with the baseline of I14-35W a
distanc. of 2000' to a point fce a corner;
THENCE in a northwesterly and a right angle to the previous
course 1750' to a point for a corner;
THENCE in a northeasterly direction parallel with and 1750'
northwesterly, from the baseline of IH-35W a distance of 2200' to i
a point for a corner;
THENCE in a southeasterly direction with a 900 degree
deflection to the right 1100' to a point for a corner;
THENCE in a northeasterly direction parallel with the baseline of
IH-35W a distance of 2600' to a point for a corner;
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THENCE in a northwesterly direction 1100' to a point For a corner;
THENCE in a northeasterly direction parallel with the baseline of
IH-35W to the centerline of John Paine roads
THENCE in a northerly direction with the centerline of John Paine
Road to the centerline of FM Highway 2449;
THENCE in an easterly direction and a northerly direction with
the centerline of FM 2449 and also the centerline of Underwood
Road to the centerline of Hickory Creek;
THENCE in a northwesterly direction and up the meanders of
Hickory Creek and the meanders of North Hickory Creek to the
POINT OF BEGINNING and containing 10.31 square miles of which
1.20 square miles lies within roads and floodways for a net of
9.11 square miles.
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CITY of DENTON 1215 E. McKinney! Denton, Texas 76201
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MEMORANDUM
DATE: July 17, 1990
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I TO: Mayor and City Council Me.nbers
FROM: Betty McKean, Executive Director
Municipal Services /Economic Development
SUBJECTt Approval of Enterprise Zone Contracts
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Ordinances were passed at the May 1, 19901 Council Meeting
establishing the Denton Enterprise Zones I and It,, and formal
applications were filed on May 7, 1990. We are very pleased to
inform you that our applications were approved by the Texas
Department of Commerce on June 21, 1990. Upon receipt of the
signed contracts, Denton will officially have two designated
Enterprise Zones.
Many times the existence of an enterprise zone is a deciding factor
to industry when determining communities for relocation
consideration. Upon your approval of the contracts, the City and
4 Chamber of Commerce will immediately begin marketing these
r enterprise zones to desirable industries.
We look forward to utilizing this marketing tool to encourage
economic development in Denton.
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RESOLUTION NO.
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN
THE CITY OF DENTON AND THE TEXAS DEPARTMENT OF COMMERCE FOR AN
ENTERPRISE ZONE (ENTERPRISE ZONE II) WITHIN THE LIMITS OF THE CITY
OF DENTON AND THE EXTRATERRITORIAL JURISDICTION OF THE CITY;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN
EFFECTIVE DATE.
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THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECT OI_N..I. That the Mayor is authorized to execute an
agreement between the City of Denton and the Texas Department of
Commerce for designation of an enterprise zone, under the terms and
conditions contained within said agreement, a copy of which is
attached hereto and made a part hereof.
SECTION II. That this resolution shall become effective
immediately upon its passage and approval.
A PASSED AND APPROVED this the day of , 1990.
' BOB CASTLEBnRRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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BY:
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APPROVED AS TO LEGAL :ORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
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AGREEMENT FOR DESIONATiON CFAN eirERPRISE ZONE
STATE OF TEXAS §
COUN TY OF TRAVIS §
THIS AGREEMENT Is made and entered Into this 21st day of June, 1994, by and between the
Texas Department of Commerce, an agency of the State of Texas, hereinafter referred to as
'Department' and the City of Donlon, Texas hereinafter referred b as 'Unh.'
WITNESSETH:
WHEREAS, the public policy of this state Is to provide the people of this state with the
necessary means to assist oomm4,dties, their residents, and the private sector to create the
proper economic and social environment to Induce the Investment of private resources In
productive business enterprises located In severely distressed areas and to provide employment
to residents of those areas;
WHEREAS, the objective of the Texas Enterprise Zone Ad, Taxes Civil Statutes, Article
S190.7 (the Act) Is to provide appropriate investments, tax benefits, and regulatory relief to
encourage the business community to commit Its financlal pWWpotion (Sec. 2(b));
WHEREAS, the revitalization of enterprise zones through the concerted efforts of
government and prNate sector is declared a public purpose;
WHEREAS, Unit requested Department to desipnabr: an area within its jurisdiction as an
enterprise zone, which is described In Exhibit A and Exhibit 8 attached hereto;
WHEREAS, Unit filed its application on May 7, 1990, with Department for designation of an a
enterprise zone pursuant to the Act for the purpose of revitalizing the area described herein,
WHEREAS, the
governing body of Unit adopted a ordinance on May 1, 1990, following a
as an the at" and made the necessary ftndkV that the zone area meets the
criteria phefor a ksM l designation nominate
enterprise zone as "I forth In the Act; 4
WHEREAS, the Executive Director acting on behalf of Department authorized and approved
the designation of the enterprise zone on June 21, 1990, under the lorms and conditions of the
Ad end those set forth herein;
y
WHEREAS, Unit has entered or will enter Into agreements with Ouallfled Businesses, as
defined In the Act and as further defined In Its nominating resolution, In which the Qualified 4
Businesses agree to maintain thole status as OusllAed Businesses In order b benefit from the
local Incentives available and In which Unit provides for certain local Incentives, pursuant to
the ternts of the Act;
NOW THEREFORE, In consideration of the respective roWesontatbne and agreeme,its herein
contained, the parties hereto agree as fvm:
1. REPRESENTATI(rW Department and Unit represent and warrant, as applbabte, the
following:
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(a) Findiaga. Based upon the representations made by Unit, Department hereby
reaffirms previous findings that the zone area meets the criteria for designation as an
enterprise zone as set forth In the Act.
(b) Da._tanetten of Entemrisa znno. Department hereby designates the area
described In Exhibit A and Exhibit B attached hereto as an enterprise zone, known as the Denton
Enterprise Zone II, sometimes referred to herein as the Zone.
(c) Pariod of Zone Designation. The Zone shall take effect on June 21, 1990, and
terminate on September 1, 1997, unless otherwise specifically provided by the terms of this
s Agreement. Department may remove the designation, following a public hearing, If the area no
longer meets the criteria for designation as set out In the Act or by Department rule or if
Department determines that the governing body has not compiled with commitments made In the
nominating resolution.
(d) ZgOBllsillign• Unit has designated Its Executive Director of Economic
Development as liaison to communicate and negotiate with Department, enterprise projects,
Oualifled Businesses, and other entities in or affected by the Zone.
(e) QAUfiubaJUad. Unit further represents that the data provided to Department
Is accurate and current as of the date of application; and that there has been no moleriaf adverse
change in the affairs of Unit.
2. a rxxatantcx Unit represents and warrants that It will provide all tax relief and
other incentives or benefits described In Its application for zone desfgnatlon including, but not
limited to the following:
Unit shall abate two on the increase In value of real end personal property Improvements
for new, expanding and modernizing basic Industries, corporate office headquarters and
distribution centers In a designated zone. The level of abatement shall be based upon the valus of
the Improvements and personal property in accordance with Unit's poky for tax abatement.
3. REPOIRTWORMAREMIRM Unit shall submit to Department no later than October t of
each year an annual report of the progress, In non Ove form, of activities within the Zone.
This report shad be In a format prescribed by Department and shall include the Information
specified In Section 23 of the Act. If such report is not received by the deadline, Department
may, following a putiic hearing, terminate the designation of the zone.
4. hJMUrEM (a) Unit shall furnish additional Information, reports or statements
as Department may from time to We request In connection with this Agreement. In order to
veft data relating to employment and purchases of equipment, machinery or building
meterlals sold to an enterprise project, Unit and Qualified Businesses must permit on
reasonable nodce a representative of Department, State Auditor or State Complroiler's Office to
Inspect the books, records, and properties of Unit and of each Qualified Business `t reasonable
times and to make copies and abstracts of such books and records and any ducuments relating to
such data. Unit shall Include the substance of this section In all agreements with Qua4fled
Businesses executed under the provisions of the Act
(b) After each monitoring visit. Department shall provide Unit with a written report
of the monhoes findings within sixty (60) days. If the monitoring reports note deAcieroles In
Unit's performance, the report shall include requirements for timely correction of such
deficiencies by Unit. Failure by Unit to take action specified In the monitoring rsporl may be
cause for termination of this Agreement, as provided herein.
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S. CMFtJCTOFKrFRFST. (a) Unit covenants that neither It nor any member of its
governing body presently has any Interest or shall acquire any Interest, direct or Indirect,
which could conflict In any manner or degree with the performance of this Agreement. Unit
further covenants that In the performance of this Agreement no person having such Interest
shall be employed or appointed by it.
(b) Unit's employees, officers, and/or agents shall neither solicit nor accept
gratuities, favors, or anyth?ng of monetary value from Qualified Businesses or potential
Qualified Businesses.
(c) Unit shall comply whh all terms and provisions of Texas Local Government Code,
Chapter M.
6. LSMALAtffMDRffY. (a) Unit represents and warrants that it possesses C .o legal
authority to enter Into this Agreement and to perform the services it has obligated Itself to
perform hereunder.
(b) The person or persons signing and executing this Agreement on behalf of Unit, or
representing themselves as signing and executing this Agreement on behalf of such entfty, do
hereby represent and warrant and guarantee that he, she or they have been duly authorized by
such entity to execute this Agreement on behalf of such entity and to validly and legally bind
such entity to all terms, performances, and provisions herein set forth.
(c) Department shall have the right to terminate this Agreement K there Is a dispute
as to the legal authority of Unit or the person signing this Agreement to enter Into this
Agreement or to render performances hereunder, and the conclusion of that dispute Is that Unit
or such person signing did not have such authority.
7, (a) Except as specifically provided otherwise In
( this Agreement, any alterations, additions, or deletions to the femu of this Agreement shall be
by amendment hereto In writing and executed by all parties to this Agreement.
(b) It Is understood and agreed by the parties hereto that perbrmances under this
Agreement must be rendered In accordance with the Act, the regulations promulgated under the
Act, and the assuraxas and certificcations made to Department by Unit with regard to the
operation of the Texas Enterprise Zone Program. Based on those considerations, and In order to
ensure the legal and effective performances under this Agreement by both parties, it Is agreed
by the parties hereto that the performances under this Agreement are amended by rules or
policy directives promulgated by Department which serve to establish, Interpret, or clarity
performance requirements under this Agreement. Popsy directives and rule amendments shag
not alter the terms of this Agreement to as to (oleo" Department of any obligation specified 1
herein.
(o) Any alterations, additions, or deletions to the terms of this Agreement which are
r required by changes in Federal or state law or regulations are automatically Incorporated Into
this Agreement without written amendment hereto, and shall become effective on the date
designated by such law or regulations. Department hereby agrees to notify Unit in writing of
any such alterations, additions or deletions of which It has knowledge within sixty (60) days of j
acquiring ihal knowledge.
6. TERMINAI(a) Department shall have the right to terminate this Agreement,
` In whole or In part, at any time before the date of completion specified In Paragraph 1 (c) of
E
Page 3 of 5
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this Agreement whenever Dopartmant determines that Unit has failed to comply with any
a provision of the Act or Texas Enter" PA Program Rules. Department shall n ally Unit In
{ writing prlw b the sixtieth (4101h) day preceding the dale of termination of such
doterminaNon, the reasons for such termination, the effective date of such Wmfttbn, and In
the case of partial termination, the portion of the Agreement b be terminaled In the cue of
termination In whole, or In part, Department shall conduct a puWlc hearing prior to the
effective date of termination.
(b) Ali of fine parties to this Agreement shall have the right to terminate this
Agreement, In whole or in pan, when all parties agree that the continuation of the activities
allowed under this Agreement would not produce benMCal results, provided that all parties
agree in writing upon the termination conditions, inoluding the effective dab of such
formination; and lit the cue of partial termination, the portion of the Agreement to be
terminated A publfo notice of termination of this Agreement shelf also be pubYaMd by Unit In a
local newspaper covering Jurisdiction of Unit.
9. NMM Unless otherwise specifically provided herein, any notice, request,
complaint, demand, communication w other paper shall be suit Wendy given and shell be
doomed given when the some are: m deposited In the United states mail and am by firs) eau
mail, postage prepoW; or (N) delivered In each cue to the partles at the addresew set forth
below or at such other address as a party may designate by notice to fie other parties.
It to Unit:
h City of Denton {
216 E. McKinney
Donlon, Texas 702011
t
kttat Anb Castleherry, Mayor
and
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If to Department: $
Texas Department of Commerce
8141 Congress, Suite 700
Poet Office Box 12726
Austin, Texas 76711
Attn: ExacL*o Director
~ p
10. AN oral and written agreements among the parties b this x
Agreement ralsdng to the subbed matter of this Agreement that were made prior to the '
execution of this Agreement have bean reduoed to wdit and are contained In this Agreement.
11. If any provision of this Agreement shah for any reason be hold
Invalid, illegal, or unenforcis", it Is the Intent of the parties hereto that the remaining
o
provisions of this Agreement shall be construed and enforced b the full ex*M permitted at law
equity. 5
x.
s
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12. mHrEFPAFrM J This Agreement may be executed in several oomierp$M, each of
which shall be an orWW and aN of which shall oonetitute but orm and this same Instrument.
13. ATrAO4AWM The atlachmeniv enumerated and denominated below are hereby
made a part of tfria W"rmnt, and oonsdtuts X mhad perlormanoss by Unit In aooordana with
this agreement..
' s
(1) Exploit A, Leal Description of the Zone and
(2) Exhfblt 8, Map.
i
Witness our hands effective this 21 at day of Jum, 1990. t
CfTYOFOE TOKTE X S TDfASOEPAM EMOFOOMMBi(E
t
BY. BY..
Aob'Castleberry WWmm D. Taylor
ITS: Mayor ITS: Executive Director
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Exhibit A
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asefogenerl llowss description of the area of the Enterprise Zone II is
I All that certain lot, tract or parcel of land lying and being
situated in the County of Denton, State of Texas and being more
h particularly described as follows;
8EGINNING at the point of intersectioa of
Interstate Highway IH-35 with the north line ofe thesA. White
Survey A-1406, Denton County Texast
THENCE in a southerly direction with the baseline of Highway
I
Highway 7;
H-35 to7i s intersection with the extension of the centerline oTHENCE in a southeasterly direction with the centerline ~
Highway 77 to its intersection w f
it
line of h the extension a tract described of t
he
in a deed recorded in Volume 604stprly
656 Denton Records of Denton C ~ age
oust Y Texas)
THENCE in a southwesterly direction with the easterly line
said tract to its southeast corner!
of
THENCE in a westerly direction with the south line of said tract
to the baseline of IN-351
THENCE in a southerly direction with the baseline of 18-35 to ts
with the westward extension of the centerline lof
Westgate Drivel
THENCE in an easterly direction with the centerline extension of
Westgate Drive to the centerline of Bonnie Brae street! t
THENCE in a northerly direction with the centerline of B on
c
Bras to a enterline of Highway f771°utheasterly and perpendicular to the
t
THENCE in a southeasterly direction 25' easterly and 0
with the centerline of Highway 77 and also the centerline11of
North Elm street to the intersection of W. Hickory street!
THENCE in a westerly direction with the centerline of West
Hickory street to the centerline of Bernard street$
i
THENCE in a southerly direction with the centerline of Bernard
street to the centerline of Collins streets
i
THENCE in an easterly direction with the centerline of Collins
street to the centerline of Carroll Coulevardl
THENCE in a southerly direction with the centerline of Carroll
Boulevard and also with the centerline of Ft. Worth Drive to the
baseline of interstate Highway 1-3SE1
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y zone II
page 2
THENCE in a southeasterly direction with the baseline of IH-35E
to the centerline of Dallas Drive:
THENCE in a northwesterly direction with the centerline of Dallas
Drive to the centerline of Shady Oaks Drive:
THENCE in a northeasterly direction with the centerline of Shady
Oaks Drive to the centerline of the M.K. S T. Railroad;
THENCE in a southeasterly direction with the centerline of the
M.K. s T. Railroad to the centerline of Mayhill Road;
THENCE northerly direction with the centerline of Mayhill Road to
the centerline of State Highway FM 4261
THENCE in a westerly direction with the centerline of State
Highway FM 426 to a point 50' easterly from and perpendicular to
the centerline of Loop 288:
THENCE in a northerly direction 50' east of and parallel to the
centerline of Loop 288 to the westerly extension of the south
line of a tract recorded in Volume 636, Page 261 Deed Records of
Denton County Texas:
THENCE easterly to the centerline of Mayhill Road;
-THENCE northerly to the northeast corner of said tracts
THENCE westerly to the most northerly northwest corner of said
tracts
THENCE southerly to the re-entrant corner of said tract:
THENCE westerly to a point 50' east of and perpendicular to the
+ centerline of Goop 288; s
THENCE in a northerly direction 50' east of and parallel to the
centerline of Loop 288 to a point 50' southerly and perpendicular
to the centerline of Highway 3801 i
THENCE in an easterly direction 50' south of and parallel to the ` I
centerline of State Highway 380 to a point lying north of the 1
northwest corner of a tract described in deed recorded in
Volume 1783, Page 780 of the Real Property Record of Denton
County, Texas)
THENCE in a southe...y direction, a distance of 923.60' to the
southwest corner of said tracts
THENCE in an easterly direction to the centerline of Trinity Road;
THENCE in a northerly direction with the centerline of Trinity
Road a distance of 900' to a point for a corner;
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Zone 11
page 3•.
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4
THENCE west to a point at the re-entrant corner of said tracts
THENCE north along the westerly east boundary line of said tract,
passing the northeast corner of said tract and crossing to a
point 50' northerly from and perpendicular to the centerline of
state Highway 380;
THENCE in a southwesterly direction 50' north of and parallel to
the centerline of Highway 380 to the centerline of Geesling Road;
THENCE in a northerly direction with the centerline of Geesling
Road to the centerline of the Fishtrap Road;
THENCE in a westerly direction with the centerline of Fishtrap
Road to the centerline of the Union Pacific Railroad;
THENCE in a southwesterly direction with the centerline of the
Union Pacific Railroad to the centerline of Cooper Creek Road;
THENCE in a southerly direction with the centerline of Cooper
Creek Road to a point lying west from the northwest corner of a
tract described in a deed recorded in Volume 1918 Page 596 Real .
Property Records of Denton County, Texas;
THENCE in an easterly direction along the north boundary.line of
said tract passing its northeast corner and continuing to the .northeast corner
of a tract described in deed recorded in
Volume 604, Page 351 Deed records of Denton County, Texaa;
THENCE in a southerly direction along the east boundary line of
the past mentioned tract to a point 50' northerly from and
perpendicular to the centerline of State Highway 360; a
i
THENCE in a westerly direction 50' northerly parallel to the
centerline of State Highway 380 to a point 50' westerly from and
perpendicular to the centerline of State Highway Loop 2881
THENCE in a southerly direction 50' west of and parallel to the
centerline of Loop 288 to the centerline of FM 4261
f
THENCE in a westerly direction to the centerline of Ruddell
Streets i
THENCE in a northerly direction with the centerline of Ruddell I
Street to the centerline of the Union Pacific Railroads
d
THENCE in a southwesterly direction with the centerline of the
Union Pacific Railroad to the centerline of Sycamore Street;
THENCE in a westerly direction with the centerline of Sycamore
Street to a point 25' easterly and perpendicular to the
centerline of Elm street;
1
K
zone II
page 4
THENCE in a northerly and westerly direction 25' east of and
parallel to the centerline of Elm street and 25' southwesterly
from and parallel to the centerline of Highway 77 to the
centerline of Riney Road:
THENCE in an easterly direction with the centerline of Riney Road
to the east boundary line of the J.S. Coll3rC Survey A-297 Denton
County Texast
kwdw THENCE in a northerly direction with the cast boundary line of
said Collard Survey to the north line of a tract described in a t
recorded in Volume 963, Page 64 Deed Records:
THENCE in a westerly direction with the north line of the last
mentioned tract to the centerline of Bonnie Brae street; 6
THENCE in a northerly direction with the centerline of Bonnie
Brae street approximately 108004 to the north line of the A.
White Survey A-14061 1
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THENCE westerly with the north line of the A. White Survey to the
Place of Beginning and containing 7.47 square miles of which 0116
square miles lies within roads for a net of 7.31 square miles.
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CITY OF DENTON M131T "8"
INTERSTATE 3$
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clry of O_ t~ 1215 E. McKinney l Denton, Texas 76201
I I
i MEMORANDUM r
DATE: July 130 1990
4y
I 'TO: Lloyd V. Harrell, City Manager
FROM:
John F. McGrane, Executive Director of Finance ;f
SUBJECT: 1989-90 NINE MONTH BUDGET REPORT
Please find attached and included under separate cover the
1989-90 Nine Month Budget Analysis Report, In reviewing
expenditure estimates, please note that the figures provided are :
departmental updates of anticipated budget performance. I' +
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If I can provide additional Information
please advise. ~
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JFMCG:af
Attachment
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