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HomeMy WebLinkAbout10-16-1990 ~Nr~ I I , Ir !11 L~ ~I 'i y r!i-. 1 AGENDA r CITY OF DENTON CITY COUNCIL October 16, 1990 ° Work session of the City of Denton City Council on Tuesday, October 16, 1990, at 5,15 p.m. in the Civil Defense Room Of City Hall, 215 E. McKinney, Denton, Texas at which the i following items will be considered: i Note: Any item listed on the Aqenda for the Work session may also be considored as part of the Agenda for the Regular Meeting. -ate 5:15 p.m. i 1. Executive session: A. Legal Matters Under sec. 2(e), Art. 6252-17 V.A.T.S. 1. consider action regarding claim agatr°st Washington National. H. Real Estate Under sec. 2(f), Art. 6252-17 V.A.T.S. { C. Personnel/Board Appointments Under Sec. 2(g), d Art 6252-17 V.A.T.S. ,.i 1. consider an appointment to the Planning and j toning commission. 2. Consider appointments to the zoning Task Force. 2. Receive a report and consider giving staff direction regarding an ordinance proposing a temporary increase in the taxicab rates. 3. Review and discuss the proposed contract for the Moore Building and possible use of the building. ff Regular Meeting of the City of Denton City Council on Tuesday, 1 October 16, 1990, at 7:00 P.M. in the Council Chambers of City 1 Hall, 215 L. McKinney, Denton, Texas at which the following items will be considered: 3 I 7:00 p.m. E 1. Pledge of Allegiance ' i M ~ai.v' ■etvn~ i i e City of Denton City Council Agenda October 16, 1990 Page 2 2. Consider approval of the minutes of the regular sossions of August 7, 1990 and August 21, 1990. E 3. Presentation of Yard of the Month Awards 4. Public Hearings i A. Hold a public hearinq to consider the final plat I of Boll Place Addition, Lots 2R and 3R, being a E replat of Lots 2,3, 4, and 7 of Bell Place. (The Planning and Zoninq commission recommends approval.) , I 5. Consent Agenda Each of these items is recommended by the Staff and 1 ? approval thereof will be strictly on the basis of the Staff i recommendations. Approval of the Consent Agenda authorizes the city Manager or his designee to implement each item in t accordance with the Staff recommendations. Listed below are bids and purchase orders to be p approved for payment under the Ordinance section of the agenda. Detailed back-up information is attached to the ordinances (Agenda items 6.A, 6.8, 6.C, 6.D., 6.E., 6.F.). 1 This listing is provided on the Consent Agenda to allow council { Members to discuss any item prior to approval of the ordinance. A. Bids and Purchase orders: i 1. Bid 01136 - Participation Camping World 2. P.O. #99479 . Holman Boiler Works J 3. Bid #1068 - Lewisville/Ray Roberts I Hydroelectric Change Order #1 + 4. P.O. 084643 - Black 6 Veatch Change Order #1 - Ray Roberta Lake ) S. P.O. 145491 - Black 6 Veatch Change order #2 Lewisville Take 6. P.O. #10164 - Genetil Electric 7. P.O. #10165 - General Electric I t k 1 , yl 5 r City of Denton City Council Agenda ' October 16, 1990 Page 3 6, ordinancos A. Consider adoption of an ordinance providing for the expenditure of funds for emergency purchases 41 of materials, equipment, supplies or services in accordance with the provisions of state law exempting such purchases from requirements of competitive bids. (5.A.2. - P.O. #99479) B. Consider adoption of an ordinance authorizing the execution of a change order to a contract between the City of Dentir~n and Martin K. Eby Construction Co., Inc.: and providing for a decrease in the contract price. (S.A.3. - Lid 01068) r C. Consider adoption of an ordinance approving i Amendment No. 1 to an agreement for design ? engineering services between the City of Denton and Slack 6 Veatch for engineering services ! relating to the Lake Ray Roberts Hydroelectric j facility. (5.A.4. - P.O. #84643) ~ i D. Consider adoption of an ordinance approving ` Amendment No. 2 to an agreement for design J engineering services between the City if Denton S and Black 6 Veatch for engineering services relating to the take Lewisville Hydroelectric facility. (S.A.5. - P.O. #85491) 1 E. consider adoption of an ordinance providing for !Ei ` the expe,.iditure of funds for purchases of materials o: equipment which are available from one source in accordance with the provisions of state law exempting such purchases from requirements of competitive b •!s. (S.A.6. (P.O. 1110164, 5.A.7. - P.O. #10165)) F. Consider adoption of an ordinance apnroving a contract for the City's participation the cost of installing water and sewer facilities for Camping World Development; authorizing the Mayor to execute the contract; and approving the s expenditure of funds therefore. (5.A.1 - Sid #1136) i p. Confider adoption of an ordinance approving the E funding agreement between the City of Denton and Fred Moore Child Care Center; authorizing the Mayor to execute the agreement; and approving the expenditure of funds therefor. y?arr i nc»,~ a r° J' i d City of Denton City Council Agenda October 16, 1990 Page 4 H. Consider adoption of an ordinance amending Article V of Chaptor 24 "Traffic" of the Code of " Ordinances of the city of Denton, Texas by amending Section 24-131 (c) (2) to provide a revised storage fen; repealing section 24.131 (1.7.); repealing all ordinances in conflict herewith. 1. Consider adoption of an ordinance amending Chapter S. Article I (Building Code) of rho Code of ordinances of the City of Denton, Texas to provide for amendments to Section 5-3, by aruandinq the 1985 Uniform Building Code thereto to provide for demolition fees; and repealing all ordinances in conflict herewith. J. Consider adoption of an ordinance abandoning and vacating a portion of Myrtle Street located between Daugherty Street and Locust Street as a public street; and reserving a utility and drainage easement ther0 n. (The Planning and zoning commission recommend approval.) K. Consider adoption of an ordinance accepting a I tract of land, as shown in the dedication deed exeented by Denton Bible Church, attached hereto, !I for street and utility purposes. L. Consider adoption of an ordinance of the City of Denton vacating a public utility easement located 4 near the intersection of Highway 380 and Cooper ! Creok Road, on property owned by Safety-Kleen. M. Consider adoption of a.i ordinance emendinq Article IIt of Chapter 2 "Administration" of the E Code of Ordinances of the City of Denton, by adding a new Section 2-39, entitled "Change Orders". i ~ 7. Resolutions j A. Consider approval of a resolution approving the 1990-91 fiscal year budget of the Denton County Emergency Communication District pursuant to Article 1432e V.A.T.S. a. Consider a mot n to adopt an annexation schedule setting the date, time, and place for public hearings for the annexation of approximately 920.42 acres located east of and abutting 135W at the intersection of Allred Road and the annexation of 450 acres at the intnrsection of 135W and FM 2449. I r Ism r► I a w r rv ~ `I, 1 i City of Denton City Council Agenda October 16, 1990 Page 5 9. Miscellaneous matters from the City Manager. 10. Official Action on Executive Session Items: A. Legal Matters B. Real Estate C. Personnel D. Board Appointments 11. New Business: This item provides a section for Council Membera to suggest items for future agendas. 12. Executive Session! A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S. B. Real Estate Under Sec. 2(f), Art. 6252-17 V.A.T.S. C. Personnel/Board Appointments Under Sec. 2(g), Art 6252-17 V.A.T.S. NOTE: THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO EXECUTIVE SESSION AT ANY TIME REGARDING ANY ITEM FOR WHICH IT IS LEGALLY PERMISSIBLE. i ` C E R T I F I C A T E I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, + on the day of 1990 at o'clock (a.m.) r ~ I ' 33O3C i I y 61Afb~ 4 If too* r~C$ h ICITY. COUNCIL +44 44 , 1 i 1 M off." r0 Mat C pQ " SpdjO~~^ QOOOGGG r I ~ i~ Y 1 1 r DATE: October 16, 1990 i CITY COUNCIL REPORT FORMAT i T0: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager rrsi SUBJECT: TAXI SERVICE RATE INCREASE REQUEST Background: In 1989, thr Denton Taxi Service requested an increase In their rates based on inflation, decrease in profits, and the lack of an increase since 1960. The City Council, after public hearings, approved a rate increase to: Pickup: $1.30 Time: i7.25/9D seconds Mileage: $1.10 At the time of the 1989 rate increase, gasoline was available at approximately *.1.97 per gallon resulting in taxi cab companies using about twenty-two 12211 percent of their net income for gasoline. Taxi cab companies now pay $1.27 per gallon after discount. . Evaluation: A1i cities in the metroplex who regulate taxi rates are confronting the problem. For example, Dallas taxi cab companies have requested a temporary rate Increase ($1,00 to $1.50 per mile). Dallas is in the process of convening a public hearing on the subject. Since the 1989 rate increase, gasoline prices have increased by thirty 130%1 percent resulting in taxi cab companies using about one-third of their 'after driver' income for gasoline. Denton Taxi Service is requesting a temporary rate increase of $0.20 per mile to a $1.30 rate based on current and projected gasoline prices. As we well know, gasoline prices will endure extreme volatility for the r foreseeable future depending upon world events and it is possible that gasoline prices could decrease as rapidly as they have increased. It would appear that a sliding scale would be appropriate. i i Recommendation: E 1. Recommend approval of a rate increase to tie requested $1.30 per hour for a period of thirty (30) days. i j f I a r 1 J ■IiAtY ~~lln~ MAI, City Council Report Format Taxi Rate Increase Request Y page 2 R i 2. Recommend t a the Risk An work with example oEgalscato draft an le is located dbelowe sliding e-ale. Manager i change to incorporate Gasoline. Price Mileage Rate up to $1.00 S 1610 $ 1.00 to $1.20 1.20 $1.20 to $1.40 1.30 etc The Risk Manager will t4 responsible for verifying gasoline prices paid by the taxi companies. ATTACHMENT82 Memorandi+.m on 1989 rate increase Denton Taxi Service Request Denton City Taxi Request Respect lly submitted: L oyd V. Harrell City Manager Prepared by: Approved: ! ;may o n Fe McGrane ecutive Director of Finance 5411F I ~IWM.. I l j l Via. i CITY of DFNToN ! 215 E. McKinney I Denton, Taxes 76201 DATE: July 12, 1989 TO: Lloyd V. Harrell, City Manager FROM: Harlan L, Jefferson, Risk Manager SUSJECTs DENTON TAXI SERVICE RATE INCREASE REQUEST RECOMMENDATION Alter evaluating the Denton Taxi Service's request for an increase in their rates (Attachment I), we recommend increasing their present pick-up rate, time rate, and mileage rate. EVALUATION There are basically four factors that contribute to the need of a rate increase by the Denton Taxi Service, These factors are as follows: 1 o The level of inflation since the last taxi service rate increase 0 A decrease in the company's net profit while their gross j income increased substantially o A survey of taxicab rates among metropolitan cities o The frequent change in owners of the Denton Taxi Service during the 1980's i The present taxi rates were enacted in 1910. Since that time, the Consumer Price Index for the Dallas/Fort Worth area (which is a measure of inflation) increased 48,216 Although they probably dirt not experience an increase in all of their expenses that corresponded with the Consumer Price Index, increases certainly occurred in wages, rent, utilities, advertisement, licenses, maintenance, materials, supplies, etc. Secondly, a review of Denton Taxi Service's financial records indicate that their gross income Increased by 2610 while their net profit decreased by 211. i i k r q'40111, 1S Memo to Lloyd V. Harrell July 12, 1989 Page 2 of 3. This was primarily caused by more than a 1001 increase in auto insurances from approximately $5,400 to $10,865. Additionally, their auto maintenance coat increased by more than 8001, from approximately $1,338 to 5110537. When cno considers the 261 increase in their growth margins you have to conclude that they are being utilized by more citizens and making less money while doing so. Thirdly, we conducted a survey of taxicab rates in the metroplex to determine how compatible the proposed rate increase is to other rates in the area. The following are the results of the surveys TABLE I RATE CATEGORIES CITY Pick-Up Time Mileage Addison $1.30 $0.25/90 Sec. $1.U0 Arlington $1.30 $0.25/90 Sec. $1.00 Dallas $1.30 $0.25/90 Sec. $1.00 Denton (Current) $1.20 $0.20/90 Sec. $1.00 Denton (Proposed) $1.30 $0.20/45 Sec. $1.10 Irving $100 - $1.00 Lewisville $1.30 $0.20/90 Sec. $ .80 Plano $2.50 $0.30/90 Sec. $1.00 Of the proposed rate change, the pick-up rate is consistent with other cities( however, the tisre rate is higher than that of other cities and the mileage rate is slightly higher than that of other cities. These rates must be compared with two points in mind. First, other cities are also considering i adjustments in their taxicab rates. Secondly, each city has to design its rates according to the characteristics of its community. In Denton, passengers often stop at several locations during one trip and ask the driver to wait. Under the present rate structures the tail brings in considerably lees revenue while waiting for passengers, as opposed to transporting them. The impact of the time rate increase is exhibited in the table below, which compares the average cost of a five-mile trip between the present rates and proposed rates. TABLE 11, Denton Taxi Rates Present Proposed Difference Pick-Up $1.20 $1.30 $0.10 Time 0.18 0.37 0.19 Mileage 5.00 5.50 0.50 Total $6.38 $7.17 $0.79 j -four ti moo a s. i Memo to Lloyd V. Harrell July 12, 1989 Page 3 of 3. i Finally, it is possible that the frequent change in ownership of the Denton Taxi Service .aay be related to the profitability of the company. (During the last nine years, the company has changed owners three times.) Without taking steps to improve their profit margin, they will continue to experience difficulties. Apart from a rate increase, the owners should also consider methods of reducing their expenses. Although they have limited control over their insurance premiums, an expense reduction can be accomplished by implementing a vehicle replacement program !or older taxicabs with high maintenance costs. It is recommended that the City Attorney's office be asked to prepare an ordinance implementing the request as made by the Denton Taxi Service. We have provided you with a copy of the present ordinance (Attachment 111. Council may want Fo schedule a public hearing at the same time the ordinance is formally considered. If you have any questions or comments, please do not 59sitate to contact me. Harlan L. JeE e n HLJ:sin j 4663P ( ,i E, MWO] r r ATTACHMENT II t. 12643 DENTON CODE 128.43 ARTICLE 1V. TAXICABS* Sec. 20.430 Definitions. City. The term "city" as used in this article shall mean the City of Denton, Texas. Driver. The term "driver" shall be held to include every person in actual charge of the operation of a taxicab, as herein defined, whether as owner or agent, servant or employee of the "owner" as herein defined. Owner. The term "owner" when used in this article shall be construed to mean any person, firm, corporation, association, partnership or society who has the control, direction, mainte. nance and the benefit of the collection of revenue derived from the operation of taxicabs on or over the streets or public ways of thr city, whether as owner or otherwise, except as "driver" as herein defined. Person. The term "person" shah include both singttiar and plural, and shall mean and include any Individual, oral, .orpcra. tion, association, partnership or society, and their agents, ser. vants or employees. Stmt The term "straet" an used in this article shall mean and Include say street, alley, avenue, land, boulevard, drive, public place or highway commonly used for the purpose of public travel - within the incorporated limits of the City of Denton. Tasica& The term "taxicab" as used in this article shall mean every automobile or motor-propelled vehicle used for transporw tion of passengers for hire over the public streeta of the City of f Denton and irrespective of whether or not the operations extend beyond the incorporated limits of the City of Denton; provided, however, the term "taxicab" shall not apply to motor bused oper- •tdhoe s moi&-o , Na 82d0, 1 1, loaded Od• 12, 1181, amended C6. 26, Art lv in Its wrb* to red se hai2 et oat The e146 badve PvAelcr a of know i Art. IV, mWAins of 112643-". wen daisW flees Ord No. 1708,I 11, 2. bdopW Feb. 28,, Onl. 6&29 ' I I adarisil Sopl. 10 1 OW Ott ' -11, 11. adoped Apriii 111. It* NOt t No. 7 1~ 11, adophd ARd 10' 01 ard2Qd Na 10.81,1 1. adopted April 22. 1100. Clow nfirreaes-Dei~atiop sad use of tali" dyads, 124.130. Supp, No. 31 r 1030 I J •Mq~ li J 5 ^L~ y I € r } 126-43 VEHICLES FOR HIRE 12644 ated within the incorporated limits of the City of Denton under a franchise from the city over a feed or defined route, not shall said term apply to motor buses regularly operated over a fixed and defined route In the city to or from points outside of the incorporated limits. Taximeter. The term "taximeter" an used In this article shall mean a machine adapted automatically to calculate, at a prods. termined rate or rates, and to register, the charge for hire of a taxicab and such charges shall be indicated by means of figures. Waiting time. The term "waiting time" as used in this article shall mean such times as may be consumed or lost at the special instaace and request of a passenger after such passenger has first entered the taxicab to make a trip and before reaching his final destlnnt(nn. No charge shall be made against a passenger for any time lost on account of any other delay whatsoever. (Ord No. 82.80, 11. 10.1282) Sec. 28.44. T&Wcab licenses. (a) Required It shaft be unlawful for any person to drive or , operate, or cause to be driven or operated, any taxicab upon or over any street In the City of Denton, unless there has been obtained by the owner of and for such taxicab and existing in Rill ` force and effect, a license duly issued by the city secretary of the } City of Denton as hereinafter provided. (b) Necessity. No license to operate a taxicab shall be Issued by the city secretary until the chief of police of the City of Denton has certified that: (1) The taxicab ham been properly inspected as required by the laws of the State of Texas; (2) The liability insurance required by this article for each taxicab is In Rill force and effect; and,, (3) The taxicab or taxicab service has a dofinlte and fired plea of business in the city and has a telephone number In service at which requests for taxicab service an be made. (c) Revocation or suspension of ikon" Upon complaint against r ' a lianmse filed by any person with the chief of police, or upon his 9uM No. 38 103! { 1 f 1 ` , I 1 I I I D n ♦♦S Y i 128-44 DENTON CODE } 26-45 own motion, charging violation of any of the terms of this article, or any ordinances of the City of Denton, or laws of the State of Texas regulating motor vehicles, the chief of police after giving ` five (5) days' notice of the grounds of said complaint to such licensee against whom complaint is made, may hear evidence with reference to such complaint, and after such hearing the chief of police may revoke or suspend the license for good cause shown. (d) Findings, After the chief of police has heard the complaint for the revocation or suspension of the license of any owner of a taxicab, he shall make his findings and declare the same, and either the owner of such taxicab or the complaintant shall have the right to appeal to the city council as hereinafter set out. (e) License contents. Said license shall state the year for which it Is issued, the name of the owner of said vehicle, shall designate that said vehicle is a "taxicab," shall state the make of said vehicle, the engino number of acid vehicle, and the current II. cane number of said vehicle, and shall state the amount of license tax paid for the operation of said vehicle and shall further state that the owner of said vehicle has deposited with the city an insurance policy for the protection of the passengers thereof and of the general public as provided for in this article, and said license shall be signed by the city secretary. (Ord. No. 8280, 11, 10.12.82) Sec. 2845. Public lability insurance. _ y (a) Required Before any license shall be issued to any owner of a taxicab hersinbefors defined, or before any renewal of licenses shall be granted, the owner shall be required to file with the city secretary, and thereafter keep in full force and effect, a policy of t public liability Insurance approved by the city attorney executed by an insuranc-3 company duly authorised to do business in the State of Texas, and performable in Denton County, Taxes, insur• Ing the public against any lose or damage that may result to any person or property from the operation of such vehicle or vehicles, I and the maximum amount of recovery in such policy of insurance specUted, shall not be less than the following sums, to wit: Supp. Na 30 1032 i 1 M. IP e 126-45 VEHICLES FOR HIRE 1126-45 (1) For total liability or death in any one accident for personal injuries , one hundred thousand dollars ($10O,pOO,oO) (2) For the injury or death of any one accident, three hundred thousand dollars ($3OO,DW.00) sea (3) For injury or destruction of ro MY thousand dollars ($so,0OO.00)~ In any one accident, Provided, however, that if it be shown to the satisfaction of the chief of police that policies in the above amounts cannot be ob. i tained, then policies in lesser amounts may be in full Compliance with the provisions hereof, upon ceerrt~cate to that effect being filed with the city secretary by the chief of police, and upon approval of the stated lesser amounts by the city attorney. (b) Exceptions, ernployem The above•dsecribed public liability insurance shall be for the protection of the passengers of said vehicles and for the public, but shall not cover personal injuries sustained by the servants, agents or employees of the person tiling the same. (c) Continuing liability. All policies of public liability irsur• ante shall contain a provision for a continuing liability thereon up to the full amount thereof, notwithstanding any recovery thereon. I` the request of the stow the pol or event insurer, and Policyo Insurance cancelled upon icy is died by said licensee before the cancellation of said policy original assurance, than the IIcsnse : ' operate tasicabe granted to said licensee shall be automatically revoked, (e) City not Noble Neither said city nor an shall be held liable for the pecunl er it officer thereof any such insurer, or In as responsi bility solvency n any enamor become liable for r any sum (in account of any such claim or act or omission relating to any such motor vehicle, nor shall the liability of the owner of any such motor vehicle be In any manner limited or changed is connection with this article of such license or assurance but the judgment creditors having causes of action secured thereby shall be author. iced to out directly on such policy of Insurance without implead• Sum No, 3s 1O3.q i r 1 1 IRA i s V 2613 DENTON CODE 2818 ing tb : City of Denton, and all persons known to any insurer to have b .en Injured or damaged in the same accident and claiming damages thereunder may be made parties without priority of claim on payment in any suit had or instituted on account of ouch matters. (Ord. No. 8280, 1 1,10.12.82) Sec. 2646. Ucense and inspection fee. (a) Amount term In order to defray a part of the expense necessary to provide surveillance, supervision and inspection of taxicabs required under the terms and provisions of this article, there is hereby levied a license and inspection fee of one hundred dollars (!1100.00) per annum for each taxicab so operated, which fee shall be collected from every person, firm or corporation own. ing and operating taxicabs on the streets of the city by the city secretary before said license or renewal themof is Issued. Said fee shall be payable in advance on an annual basis, and shall be due and payable for any year not later than the first day of January of any year, such fee to cover the calendar year, If a license to operate any taxicab Is granted during a current year the fee shall be paid for the balance of the year ending December thirty-first. (b) Sold wrested destroyed vehicles. In the event a taxicab on which the fee hen been paid for the then-current year is sold, wrecked or destroyed, the owner thereof shall have the right to replace said taxicab with another, and upon written application to the chief of police, the license and inspection fee therefor paid on said taxicab so sold, wrecked, or destroyed shall be made applicable to the vehicle designated to replace such taxicab so sold, wrecked or destroyed, and the licensee shall surrender the license certificate on the vehicle so sold, wrecked or destroyed before receiving a new license Certificate. (C) Let lieeue csrtr/rcatas. In cane any licensee sh&U loss his I license certificate, said licensee shall forthwith and before doing any further business procur3 a duplicate license certificate from the city secretary, and shall pay for such duplicate license certifl- Cate the sum of five dollars (;5.00). (d) RefunA There shall not in any event be any reAwd of license and inspection fees paid under this article. Sapp. No. 38 IOU I 1 A P 12646 VEHICLES FOR :IRE 12660 (e) Receipra The fees shall be paid to the city cashier who shall (esus a receipt therefor which shall be presented to the city secretary before any license is issued. (Ord. No. 8250.11.10.1282) Sec. 18.17. Operation of taxicab limited to licensee and approved chauffeur. No taxicab for which a license shall have been issued shall be operated by anyone except the licensee thereof, or any employee properly qualified, and approved by the chief of police of taxicabs. Licensee shall obtain the name, address and last place of em• ployment of each and every licensed chauffeur applying for work before hiring him; and further said licensee shall forthwith fur. nlsh to the chief of police the name and address of every licensed chauffeur before his being hired, and of every licensed chauffeur that may be discharged. (Ord. No. 82-00,1 1, 10.1252) See. 4648. Transfer of License. No license Issued under the terns of" article shall be trans- ferred to any other person, nor shall ouch license be used for the operation of any vehicle except for the vehicle for which said license is Issued. (Ord. No. 8250. 1 1, 10.1252) Sec. 2641. License to be posted In cab. The license issued for the operation of a taxicab under the terms of this article shall be posted within said taxicab in a conspicuous place, and It shall be a violation of this article for a failure to do so. (Ord No. 82$0,1 1, 10.1242) See. 2680. Owner's name, etc., required on cab. J Every taxicab shall have painted or affbW by decal oa the door of the cab the name of the owner or the trade name undue j which the owner operates. together with the owner's telephorw i number, and the cab number, and the number of the cab and the telephone number of the owner shall be afitxed upon the rear of all such vehicles. All the lettering mentioned In this paragraph shall be not less than two (2) inches In height, and not less than one-fourth M Inch in stroke. (Ord. No. 82.80, 11, 104252) r I Sapy. X& 42 1036 l f ~J rvrv~ ` I ' ~J } 2681 DENTON CODE 1 2s 69.1 j Sao. 2661. Elights of paseengere. Any driver employed to carry passengers to a definite point shall take the most direct route possible that will carry the r passengers safely and expeditiously to their destination. (Ord. No. 8280,1 1, 10.12-82) j Sec. 2662. Tasimeten; rates to be charged. All fame shall be determined by a taximeter installed in each taxicab and a driver shall charge only a fee as computed by such taximeter. Every taximeter so installed shall be kept in good operating condition and the taximeter or its drive system shall be sealed at all points which the components, if maalpulated, could affect the function or accuracy of the taximeter. A driver shall not charge a fan for operating a taxicab in the city that is inconsistent with the following established rates: W Passengers will be charged as determined by the taxime. tee a minimum fare of ona dollar and twenty ants (=1.20) including the first one-tenth (1110) mile plus ten cents (10.10) for each additional one-tenth (1110) mile from the point of pickup to destination. i (b) An extra charge of fifty cents ($0.60) will be charged for ' each additional passenger. ` (c) A surcharge of fifty ants ($0.60) will be charged for any pickup occurring between the hours of 8:00 p.m. and 8:00 a.m. (d) tar aa Passengers fa v of twenty cents 00 2" determined by the 0) for each one and on~rhalf 0%) minutes of waiting time or traffic delay. j (Ord. No. 8240, 1 1,10.1242) Sec. 28411. Ussoudne eaexnptlon. Notwithstanding the provisions of Section 2660 and Section 2662 of this article, it shall not be mandatory that a motor vehicle operated as a limousine service and charging a set trip fee or an hourly fee, by advance reservation, to haw the name of the owner or trade name printed or aftlxed to the door or rear of i aeyp Na /9 1036 ~J ► t x 5 126-52.1 VEHICLES FOR HMZ 12643 j i the vehicle or be required to have a taximeter Installed in such ` vehicle; provided, that all trips or hourly feet shall be filed at all times with the city secretary of the City of Denton, (Ord. No. 83.96, Pt. 11 9$$3) sea. 484,4. Rates and chauffeur's name and licavaae to be posted In cab. There shall be posted in a conspicuous plane on the inside of each licensed taxicab, In addition to the license issued w Ileansee required by this article, a card showing the rata chugsd by said tazicab. There shall also be placed in a conspicuous place invide 1 I Ik I I Stop Na 49 1036.1 r i I i ~ j t 5 ' I 2633 VEHICLES FOR HIRE 1268tS Of each licettsai taxicab a card bearing the name and chauffeur's license number of the driver of said taxicab as issued to him by the city secretary. (Ord. No. 82.80, 11. 10.1242) Sec. 2864. Passengers required to pay fan. It shall be unlawful for any person to refLu - to pay the legal fan of any of the vehicles mentioned in this art.cle niter having hind the same. (Ord. No. 8280, 11. 10.1242) Sec. 2&W. Passenger's receipt; may be required. It shall be unlawful for the driver of any taxicab upon receiv. ing full payment of a fare to refuse to give a receipt upon the request of any passenger making said payment. (Ord No. 8240, f 1, 10.12.82) Sea. 26468. Charging excessive fares ualstvnkl. It shall be unlawful for the owner or driver of any taxicab to refuse to convey a passenger at the rate specified on the rate card - displayed In said taxicab. or demand or receive an amount in excess of the rates displayed on said card. Except that such owner ' or driver may refuse to convey a passenger then being guilty of misconduct or breach of the peace. (Ord. No. 82.80, 11, 10.1242) Secs. 2647-26-". Reserved. ARTICLE V. AMBULANCES* Sec. 2686. Detinitiom. For the purpose of thin article, the following words and phrases shall have the meanings respectively ascribed to them In this section: aF.dlear's seta-.Ordinance Na 8&13.1 1. sdapted Feb. 1. 1M. ameoded Art. V. Ambulances, in Its entirety to read u herein set ouL The substantive provi. dons of former Art V. 126e8, wen derived from Ord. Na 82.74, 11. coasted BepL 14, 1982. Crone I ft. nose-CMI debrw, 17.1 st sp.; fin prwention. 1104, t sp.; privilegte and sremption Ilom traft regulatlow regarding authorised comer. tansy whkies. 12411; procedure of other nhklas up" approach of ensorgemy f "Wee, i U42; follewitt authorised emergency rahkim in emerpmks, 1 i 24-07, esemptba of autbaised emerpncy vehkies bom speed regulatiorw I 2410.7; wreckers, 1271 et acq. !1 8npp N0. 31 1037 t i r k ~r^' l~'cV / ~ QG 44 ~ I t: a ~ rC v-~v.-t .~0'2 Cs. o,..~ J1,c,u -e. w. Qs,w.~ ~Gf+.e.<s~ ; i 1 ~ 33, ;2 s 3I / T 'M 1. ~i Y • 3 s. go t , Qh ~C-~~ ~t•LP'cv`' "sue/ Ce e. i. ~c a•~ Q,G t'CLtsa. cj .-u'~.',1 i .:..i /t~-oJrnccLZ'~+-t•s,a..t~E~`y l~ccc's..:.~, i It 02. v✓ Vt"✓!',~d-~' .v"~it-4 ~e~.~~r ~i~n~.1' ~L vtc Af.~ iL.+LCrf. a~ I' ~Q ./L•V-W.atol.~f.~ ~ ~-.xcs.t D<Ul /+i.titul ,~1~'~t-r ' i i f, { 1 -r: i f //~I J7 Tipr') /~r~d tf1'~~~)i~CCr OTY DT N-WtLi) JJ l`1t11PI~ l ~~J~T ill OIt1r72Y OTR70 n l: 1y x i I~'ou Jc~ 1 i Ke I D ipij 1-6 you Zile t~ 5£ or and i /-s Q1'I"E'Ct 0~~ Cvi 0013 ccinip ny. The h, 'tv t h do co sr O . ,yka;n,le,,~ncc~cr rur velua~PS has 3ZnE UO ecn5i dera Ely. O ARC he;ebv II' i nr'ur'r~n J Ct •~RR~. i nGedse . ~(.~rcd j. J L~re0 a/prc/'ra re- pu✓ C1ir~G ii7 tJcwJP~JJ'nq fhi~' .rz~-f~Pr. ~ yo«.-, ~J-e r~ c P.e ly c~, Jur. ~ ~ I~ ~ sw~v ~ 1 w r..,, r 1 CITY COUNCIL I mll rr- m M, IM _m i ~Tl 0 1 Mr ti o O 0 I~ r IT: ! a IM i I~ I I i50 t D ' f CITY of DEN70N ! 215 F. McKinney / Denton, Texas 76201 i M E M O R A N D U M. 1 li T0: Mayor and members of the City Council FROM: Betty McKean, Executive Director for Municipal Servicus and Economic Development DATE: October 11, 1990 SUBJECT: Potential Donation of Moore Building Background Moore Business Forms has contacted the City about the possibility of donating their building at 601 East Hickory to the City so they can use the tax 1 ' deduction for their 1990 tax years This building is approximately 150,000 sq.ft., and Moore also wants to throw in a 10,000 sq.fte warehouse and parking lot across the street from this building. There is approximately 300000 E sq.ft, of office space and 120,000 sq.fte of warehouse space in the main c building which has been appraised at $1.4 million. Attachment A shove a site plan. We have investigated the feasibility of this building and are excited about the potential space that this could provide the city. A comprehensive building inspection report was conducted by a local engineer who was very ` familiar with the structure. This inspection report came back showing that I the building was very sound and could easily be renovated into whatever type J fI of space the city needs. Attachment B summsrixes the status of the structure. There are some costs associated with the renovation and some renovation concerns highlighted in the report which we originally presented to Council in February, 1990. r Contract Information 1 I After getting Council's input and recommendation regarding this facility at i` your February 20, 1990 meeting, we cons " Moore and confirmed our interest. Moore then indicated that they would like us to anaume the building .on December 14, 1990. A contract has been prepared and is attached for your review (Attachment C). We will bring this back for your approval on November 6, 1990. The basic understandings from this contract aces I, I apt w=~.. M1 i i 1) City will accept the building on December 14, 1990. 2) City will pay for all recording fees, title searches, surw:;and insurance needed to complete this transaction. 3) City will reimburse Moore $4,000 which they paid to have the building appraised. 4) City will reimburse Moore $430 for funds that wets paid to the Missouri Pacific Railroad to hold a land lease used for a parking lot, i 5) Moore will pay all ad valorem taxes on the property for 1990 except those due tL.1 City of Denton (approximately $9,300). Frankly, at this time, we are unsure about the ultimate best use for this building. The Conprehensive Space Master Plan will be completed in 1991 and j will give us a better understanding of how this building can best be used. Whatever future use is decided, we do feel it is in the City's best interest to accept this property at this time, " Potential Long Term Option i l one option mentioned in our lest presentation indicated that this building may be considered as a potential location for the new Lrw Enforcement/Court Complex which was approved by voters in the 1966 Bond Isere, At that time, $2.6 million was approved to constrict a new facility, but if we use these j funds to renovate the Moore Building, we could end up with 1-1/2 to two times ? the amount of square footage that we might otherwise build. It might be possible to go ahead and include the courts in phase one. We ate + presently holding off selling the bond funds to construct the Law Enforcement/Court Complex due to the slow down in the economy and the lack of funds to operate and maintain this facility. Therefore, we feel that we may have to hold off any future bond sales for the next three to four years, Due I to this fact, the Moore Building cannot be entirely renovated for some time, and we felt we needed to Identify some potential temporary uses for the building, potential Short Term Options 1 Three potential options were identified and are attached for your review , (Attachment D with option I in green, Option rI golden, option III pink), Basically, we feel that if we can find someone to lease a minimum of 15,000 j sq,ft, at a price that is acceptable to the city we could keep the facility up and running. This would allow us to vacate the city Annex, which saves the i city over $10010u0 per year, and move those employees intro the Moore facility Ii also, If no one is found to lease the space, we would then mothball the faoil'ty and use it for storage until either funds become available or a better use is determined. } We will be present to discuss the details of the proposed options for your cor;sideration. I et Attachments j ADMOOS67 1 f e k /f 1 L{H{MOLO OYtIYf. _ . 7l spaces R A, L R 0 A 0 r1 J E N ~ N N n mN T * IN UqU 41 j w I - J ~ x a {A fL Z C r, ~ i ~ C ` ~ ~ C C ~ m a I 97 N 9.4 CD ! Ha 06 A N r r I } y p 1 O~ ~OQ~ vo I I ~ Off' roJ~ w~ ~ V 0 [7 it N N ,F rn A O O • N ~ N II !nD r rd ~ I ! c x I sa V LN3KHDVJlg 71 . P 1 I' ATTACHMENT S 7 STATUS Of STRUCTURE o The site location is in near proximity to other city facilities with paved streets bordering the site on three sides. o The site has adequate paved parking spaces assuming that the railroad will continue to lease the lot to the west. o The building appears to be structurally sound and is of good quality kj construction. 1 o The building roof is in pretty good condition and with proper arr.R maintenance should have remairing life of 10 to 15 years except for the areas mentioned in this report. o The building interior will be relatively open if partition walls are removed. Although there are some interior columns these should not present too much of a problem in space planning for other types of occupancy. 0 The height of the building is sufficient to allow the installation of a dropped ceiling in the manufacturing and warehouse areas. C The building electrical ayetems have more than adequate capacity for just about any type of future uses 0 The fire protection sprinkler system appears to be in good condition and offers possit.lities for retrofit. i C most of the major HVAC equipment is worn out and needs to be replaced. The design of a large portion of the system is not suitable to serve an office type occupancy of this building. A large portion of any renovation cost would be required for the replacement and upgrading of the HVAC systems. The cost could range from 15.00 to $7,00 per square foot depending on the type and quality of HVAC equipment used in a redesigned system. i I C With 214 parking spaces available the building more than meets current City codes of one space per 300 sq.ft. of office area. The current office area of 30p000 sgsft, could be doubled and still be under the requirement. o It has also been determined that same of the piping and equipment insulation contains asbestos. The results of testing conducted as part of this building investigation are presented as pages A-6 thru A-114 While this should be considered to be a manageable problem, ! there are costs associated with repairs and possible removal of the materials that contain asbestos. These costs are discussed in the ASBESTOS TESTING REPORT on page A-6 and amount to SlS,000 for temporary fix to 1100,000 for complete removal at the time of renovation. o The interior floor coverings, wall finisheep cellinge, light fixtures, stoop would have to be replaced and much interior renovation work would be required. Approximate cost would be 110 to $15 per square foot depending on the amount of space to be renovated. I I r A r ATTACHMENT C AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND MOORS BOBIMESS TORMB, INC., PROVIDING FOR THE CONVEYANCE OF REAL PROPERTY t This Agreement is made the day of , 1990, h j between the City of Denton, Texas (Denton), a municipal corpora- j tion of the State of Texas, and Moore Business Forms, Inc., (Moore), a Delaware corporation. It is agreed as follows: 1. Agreement TC Donate and Accept. Moore agrees to donate to j Denton and Denton agrees to accept from Moore all that certain real 1 i 3 l property, with all buildings and fixtures located thereon (the "Property"), in the City of Denton, Denton County, State of Texas, j described in Exhibit "A", attached hereto and incorporated herein by reference. a. Improvements Inolvded. The Property to be conveyed I includes all buildings and fixtures located on the Property on the date Denton takes possession of the Property. 3. Title Transferred. Moore shall execute and deliver to Denton on or before December 14, 1990, a general warranty deed in recordable form conveying marketable title to the premises free and cleat of all liens and encumbrances except for reservations, restrictions, covenrnts and easements of record and facts which would be disclosed by a comprehensive survey of the Property. 4. Possession of Property, Possession of the Property shall be delivered to Denton upon delivery of the deed. 5. tees, Charges and Costs. Denton shall pay all recording PAGE 1 i i 1 i i fees, title searches, surveys and the premium charged for any policy of title insurance arising out of this transaction. Upon delivery of the deed, Denton shall pay Moore $4,000.00 as reim- bursement for the cost of the appraisal of the property previously paid by Moore and $430.00 as a pro rata reimbursement to Moore for i the remainder of Moore's lease with the Missouri Pacific Railroad . E Company. 6. Taxes. Moore shall pay all ad valorem taxes on the Property due to any taxing jurisdiction in any tax year through and including 1990, except those due to the City of Denton for 1990. 7. Basardous Materials. Moore represents and warrants that it has no knowledge that the Property has ever been used as a site for the disposal of any toxic or hazardous substances regulated by the Comprehensive Environmental Response, Compensation and Liability Act, the Clean Air Act or other federal or state laws or regulations, 8. Integration. This Agreement constitutes the entire agreement between the parties and neither party relies upon any representation not contained in this Agreement. i The parties have executed this Agreement on the date written above. CITY OF DENTON IaI i BYI I LIAYD V. HARRELL CITY MANAGER L. PA6a 9 I ~ a , I ~ h ATTEST: ` JENNIFER WALTERS, CITY SEC3ETAR'L BY: I APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY , BY: I I MOORE BUSINESS FORMS, INC. BY, TITLE: THE STATE OF TEXAS I COUNTY OF DENTON § This instrument was acknowledged before me on the day of 1990 by Lloyd V. Harrell, city Manager of the City of Denton, Texas, a Municipal Corporation, on behalf of said Municipal Corporation. NOTARY PUBLIC, STATE OF TEXAS My commission expires: PAGE 3 j 1 t k i r ~I [Fit r THE STATE OF TEXAS 9 1 COUNTY OF D£NTON 5 I This instrument was acknowledged before me on the day of 1990 by on behalf of said Moore Bus ness Forms, Inc. NOTARY PUBLIC, STATE OF TEXAS My commission expiresi Moore/Contract 7/6/90 1 i , II ~ ~ I ~ I PAGE 4 i Mai lriMYH, 1 wcw ~ i loan= i ' ~>DAfA t1ACT~ ALL TO? CERTAIN TRACT 01 PARCEL Of LAAV' SITUATED IN THE IIRAN IISCO SUAVtY, ABSTRACT !SU))ICI 1114, CITY Of 00MON, COUNTY Of HNITON, STATE Of TIIAS. SAID TRACT BEING soon BY D99DA TO !WORE 10811111 Fo1Ni, INC., 00 X1601010 IN VOWS 12S, PAGE 615, VOLUME 335, PAGE 614, VOLUMI 315, PAGE 631, VOLUME 326, PAGE 451, WLUME 121, PAGE 441, AND PART Of VOLUME 125, PAGE 639, of TIE DIED ticoRD1, of COUNTY OF DENTON, STATE Of TEXAS, AND 09110 401E FULLY DSSCNISED AS fOLLONSs ISGINNING FOR TIE SOWM987 CORNSI Of Tot TRACT BRING 09SCRISO MERLIN AT A SET 113 IXCI STEEL SQUARE TU1190 AT TEE SOUTNUST CORNER Of SAID VOLUME 325, PAGE 635, SAID TURING BEING AT TIE Imi ACTION Of TIE Us? NIGIT-Of- NAY LINS Of RAILROAD AVENUE (1 SO FOOT NIOA AIPIALT SURFACED ►UILtC IOADI, AND M MITI RIGA?-Of-NAY LINS Of EAST SICRONY /?BEET IAN ASPIALT IWACZD PUBLIC STRIET)s TRENCS NORT1, NITS TIE NEST LINE Of SAID MOOR! IUD. fOAMI TRACT, AND TIE CAST LINE Of' SAID RAILROAD AVE., A DIS?A1CS Of 171.07 PUT TO A SE? 1/2 INCA STEEL SQUARE TUBING fOR M 00171 CORNER Of SAID VOLUME 311, PROS 411, SAID TUBING BEING M NORTItAST Of AND I,SO FIST FROM Tot CUTSI LINE Of M TEXAS A. PACIFIC RAILNAY SPUR, SAID TUBING ALSO 11110 AT TSt START Of A. CURVI TO TAS LEFT MOLE RADIUS 11 456.37 FEET, CENTRAL ANOLS Of I 32 0600111 01 MINUTES 14 WORDS, AND A CRORD suit" j AND DI/TANCS Of SOOTS 62 DBGREt6 13 NINUTIS 30 SECONDS 1 9' IT, A DII?ANCE of 251.74 mil TUNCE V1TI SAID I"1RVE TO TIS LEFT, AND 921NO B.50 FZIT WITS Of SAID CENTER LINE AN ARC LS1071 OF 257.10 fW TO A SET 1/2 INCI VIUL SQUARE TUBING FOR M AND Of SAID CUNYt, SAID TURING BEING TIE SOU'IUA1? CORNER Of h TRACT S10NN BY DIED TO NELSON MCUNNY ET AL, AND I-MIDED 11 VOLUNS 191, PAGE 615, Of SAID 090 RLCORDIJ ?Uxn SOON A DISTANCS Of 5.50 FEET TO A St? 1/2 INCI STEEL SQUARE TUBING ON TAE SOM LINE Of SAID VOLUME 325, PAGE 639, AND TIE NOTE LINE Of SAID VOLUME 325, PAGE 614 or SAID DEED RECORDS, SAID =10 ALSO BEING AT AA ILL CORNER Of EAST OAR STRAIT IAN ASPHALT IUIfAC0 PUBLIC STA6tT), AND fRANE STRUT IAN ASPHALT SURFACED PUILIC STUII) I ?U0C1 SoUT1 66 DEGREES S9 MINUTIA 44 SECONDS EAST, VIII TIE SOM LINE Of SAID EAST OAR ITNIAT, AND TEE. NORTH LIU Of SAID MOOR1 TRACT, A DISTANCE Of 515.41 FKT TO A I97 1/2 INCI STSSL SQUARE LADING MR TAE NORMA/? Cma of SAID VOLUME 321, ?Ago 451 Of SAID D1110 RECORDS, SAID TUBING ALSO BEING AT AN ILL COINER Of /AID EAff OAK STREET, AND LIPOSITION $TItt?; TA3DSCi Rom 00 DEGREES 01 MIAMI 21 ILCONDI LAST, NITS US EAST List OF SAID MOORS TUC?, AND M Will LINE Of SAID STREET, A DIITAM of 240.00 FEET TO I. SE? t/2 INCI JJ "UL SQUARE TU1too fm TAA LOOT un CORNER of SAID 1 VOLUU 321, PASS 451, SAID TUSINS ALSO BSIII OM TSt AOA?S LINT Of SAID CAST IICRORY 9TUV1 MNCA two 19 DEOS911 31 MINUTES 39 UCOn9 NESS, will M IOUTI LINE Of SAID MOORS TUC'f, AND 711 N01TA LINE OF SAID ITRSIT, A DISTAACI Of 740.00 FST ?0 Tot FOINT of Wt31NEAG AND CONTAINING 4.443 ACUS Of LAND, NOR! ON LEIS. I i 4 ti a F 1 1 ALL TLS? CERTAIN TRACT 01 PARCtL Of LAND 311VATO 11 THE MAX SISCO SURVIY, 1SSTRACT MUMDER 1184, CITY Of D111TOM, COOITY Of 0EMT01, STATS or ruAii sin TRACT ISM SIM IT owl TO MORN Wilms f01M1, INC., ADD RSC01010 ID VOLUNL 1154 ►A0E 110, VOLOIDI TIE, Moo 590 of TIC 09E6 RECORDS of M Coum or DNNTON, 1TATt Of TWO, ADD MING WAS FULLY DEICIIM At rOLLOWI; ISOIHIDG rot m 1o0Tim? CORNER Of TEE TRACT 59100 D6ICRIM NIRNIN AT A 1CY III INCA STEL WASS TUSIDG AT Tit SOUTSWNS? CORNEA OT SAID VOLUME 111, PA42 S90 Of SAID DEED RECORDS, SAID TUNING 191M TEE 00T11111 Or A TRACT 1EIN0 Ism IT DEED TO TRINITY In., INC., DATED 03 AUGUST 1910, AND AECO160 IN VOLUME 605, PAGO US or SAID 090 22COADS1 Tluc NOR", SITE TIE VIDT LIME Of SAID ROM RUS. FORDS TRACT, A DISTANCt Or 300.00 1t" TO A SET RAILROAD SPIRE 101 TEE OM MIT CORONA Of MID VOLUMt 615, PA01 110, IAIt SHU DIM ON TtE 10117E LINK OF EAST NICtoRY STREET (AN ASFUL? SURTACED MUC 1TRIV)l TREICE NOATI 69 DNOREEN 51 MIMOTSS 39 Iscons t►17, WITS In SOUTI L21t Of IAID LAN? NICIORY STAND?, AND Tit YOM LIMN Of SAID MOORS TACT, A DISTANCE Of 115.00 FELT TO ~ ► SLT RAILROAD SPIK9 FOR TEE *MUA11 COMB Of SAID VOLUME 615, FADE 110, Of SAID OW 12COUP TMICE 10DT, WITS Tit UrT LINE Or 1►ID MOORS TRACT, A DIITANCS Of IS1.00 rM TO A ENT RAILROAD SPINE FOR TSt 10U? US? CORNEA Of SAID VOLUME 615, PAGE 110; I TtO1L7 SOM 19 DN01it1 5S MINUTIA 3o SECONDS Vol?, WITD rig SUM LIMN Of SAID MOORS TRACT, A DISTANCE Of 15.00 FEET TO A SIT VOLUMS 111, Put6 590 orFSAID Ono 11REC0161i CONVU Of SAID TEE•CS SOOTS FITS THE IAN LIIR Of SAID MOORS TRACT, A DISTANCE or 162.51 r1V TO A 3 IMCI PIPS MCS COSHES POST rot TEE IOUTEL/T C01NLA of SAID MOM TRACT; TSOf~ MOM 69 DOORENI 19 MIMUTtI S1 SECONDS WNW?, WITS In J SOUS LINE Of SAID MOORS TRACT, ADD M NOM UNS Of SAID TNISITY TRACT, A DIITADCt of 150.00 R@ TO TE PO11Tf o/ WINIEY AND CONTAINING 1.125 ACRt1 Of LAND, MOAN OR LE11. 1 I~ I I I f i t v Attachment D October 10, 1990 Lion I - Mothball facility This option recowmads wothbslling the Moore Building beginning December 1S, 19908 for up to three years. if this option is selected, the following resources and expenditures would be necessary to wake this happen. Resources (3 years)$ Rentals = 0 Bond fund 138800 In-kind services (60,300) Total Resources $13,800 i 8xpenditures (3 years), Personal Services 8 0 supplies 0 Services 13,800 Maintenance 30,000 In-kind (60,300) Total Bxpenditures f 43,800 excess Revenue over expenditutest (130,000) Cons G The in-kind services are services that must be included in the new 1940-91 budget. The Parks and Recreation Department and Police Department must absorb the expenses by cutting back in other areas. Mowing, running the BVAC equipment, and uecurity patrol are not budgeted In 1990-91, The funds to provide electricity would have to come from the city's contingency funds roe o This option allows the city to accept the Moore building plus hold on to it for three years until the economy improves, o This option also allows us to properly maintain the BVAC, e U etrical, and to secure the building. October 101 1990 Option I Mothball Facility De:ail of Costa - 3 Tears General Fund In-kind Services cateaortes 150,L000 sa ft 150.000 $%,ft4 sond Fund personal Services Technicians 3 0 Q 0 f Sub Total 1 0 1 0 1 0 Supplies custodial S 0 ! 0 3.------0 l Sub Total 1 0 : 0 1 0 Maintenance interior 148500 1 0 exterior 0 29.400. Sub Total / 0 1 450900 / 0 services Property Management 1 0 1 0 1 0 Mechanical Improvements 0 0 0 Railroad Lease 0 0 Sao# Security 0 140400 0 Taxes 0 0 9,300 Appraisal 0 0 41000 custodial 0 0 C equipment failure 0 0 0 Alarm system 0 0 0 Interior Design 0 0 0 Solid Waste 0 0 Annex Move 0 0 G Police Move 0 0 electrical 15,000 0 0 Natural Gas 158000 0 0 Water 0 0 0 Sewer 0- - -----0 sub Total 1 301000 1 14/404 1 130!00 TOTAL 1 301000 1 601300 / 130400 ` *The 1500 for Railroad Lease Will Pay the amount of the lease for these monthsa The lease ends in February, 1991, I. ;1 F October 10t 1990 Ootlon I Mothball Pacilit Total Cost for 3 Yea93 =13,800 + ($60,300) in-kind 13 3_ ' (!60,300) in-kind Total Resources for 3 Years Cost/Less Resources for 3 Years $30,000 I I a Ile r.. 4. October 100 1990 d Option IT - Joint City/Cxternal Users/Annex Abandonment - 3 Years This option proposes to abandon the current city Annex (approximately 7,000 sq.ft.) and move information Services, Personnel, and other operations as identified to the Moore Building and into approximately 150000 sq.fto that is available. We would also consider moving external users into the other 15,000 sq.fte that in available and charging these rent to offset our costs and W<<~ provide us with a small profit. Resources (3 years): Rentals 8 572,400 Bond Fund 13,300 rn-kind services N/A Other 330.000 Total Resources $ 9150700 Expenditures (3 years)r 1 personal Seervices $ 75,000 supplies 0 ; 14Aintenaaae 1500000 11 e^tvices 488,050 k pit" Assets 100,000 I Thal ripendituter t 8130050 Excess Revenue over Expenditurest' 1 1020650 i one 1 0 The City becomes a lessor with problems associated with lease agreements/corn"acts, 0 The City again has more assets to maintain and no staff to oversee coordination. 0 Very little improvements are mado to the building. I { roe 0 The u nex is abandoned and information services much needed additional space, , QOBST, and Personnel have g 0 A small profit could be realized. 0 The building becomes usable and occupied and lessens the opportunity for political negativity, I { E E e li I 4R October 101 1990 } Option 11 Joint City/External asers/Annex Abandonment - 3 Years a General Fund External users Categories 154000 eg.ft. 15.000 eg.ft. Bond fund Personal Services Tochnicianal 0 3 75,000 S 0 Sub Total = 0 $ 75,000 $ 0 Supplies s 0 $ 0 $ 0 Sub Total $ 0 $ 0 $ 0 Maintenance interior s 600000 1 60,000 $ o j Exterior 0 30,000 0 Sub Total = 60,000 $ 90,000 $ 0 Services Mechanical improvements 0 0 0 Railroad Lease 4,740 0 0 Security 1,500 Renter 0 Taxes 0 Renter 90300 f Appraisal 0 N/A 44000 Custodial 20,000 Renter 0 Equipment failure 30,000 30,000 0 Alarm system 4,500 Renter 0 Interior Design- 50000 Renter 0 Solid waste 30000 Renter 0 j Annex move 1000000 N/A 0 Electrical 900000 900000 0 Rataral Gas 300000 30,000 0 water 120000 12,000 0 Sewer 61000 6,000 0 Sub Total S 306,750 = 1680000 ; 131300 ~r Fixed Assets interior finish Out2 : 100,000 Renter 0 Sub Total : 1000000 = 0 4 0 TOTAL 466,750 S 330,000 134300 These funds will provide for one technician, employed by the City, to operate and maintain EVAC equipments Z This is a basic finish out - paint, some now carpet, ceiling repair, and floor clean up repair (=6.66 per sq,ft,) which will allow us to move Information Services aid Personnel staff, i i i A21 i i. RA' I e, October 10, 1990 i l Y i Option 12 Joint City/External Users/Annex AbarAoment - 3 Years i Total Expenditures for 3 Years $ 813,050 466,750 General fund) 13,300 Bond Pund) 330000 Renters Cost Paid By City) Total Resources for 3 Years $ 9150700 13,300 Bond fund) 330,000 Annex Savings) 572,100 Rent)* '($1.06 sq.ft.) (260 utilities/80A' building) Total Profit for 3 Years $102,650 I i i ;a d 1;~ 1 1 f f s ~ i I V h October 10, 1990 h I~ ttian 711 - Long Term Laase - 20 Years This option would allow the entire facility, 30,000 sq.ft, of office space and 120,000 sq.ft. of warehouse space, to be leased on a long term basis (20 years) to one lessee. This assumes that the city would renovate the BvAc system before leasing and is responsible for structural improvements only after that period. Resourcda (20 years): Rentals 81008000000 Bond lvund 0 in-kind Services 0 Other 0 Total resources 5101800,000 1 Expenditures 120 years): Personal services $ 0 1 Supplies 0 Maintenance 0 I services 10191,900 11 Miscellaneous 0 Total Expenditures 81,1940900 Excess Revenue over Expsnditures4 19,605,100 I j Cy r 1 0 The City again becomes a leasing agent. No staff to coordinate. 0 The lease would have to have an agreement that the first three years are locked in with no option for discontinuation. Pros 0 The City would start making a profit in the third year of the lease. 0 The building is occupied and used. o t c r t .Y r ) r: ra October 10, 1990 Option 111 r Long Term Lease - 20 Years 30,000 sq.ft. office, 500000 sq.ft. warehouse (BVAC)0 100000 sq.ft. warehouse heated J Cate oriea General Fund Renter Bond Fund < Personal. Services $ 0 0 o 0 s p $ 0 Technicians Management/Supervision ~Y Sub Total $ 0 $ 0 $ 0 1 9uvplies 0 0 Sub Total ! 0 0 $ 0 Maintenance $ 0 $ Lessee $ 0 Interior 0 Lessee 0 Exterior $ $ = Sub Total 0 0 0 { Services Structural Improvements $ 0 $ 600,0001 $ 0 Mechanical Improvements 0 500,0002 0 Railroad Lease 31,600 Security 0 Leese* 0 p 9, 300 Taxes p 4,000 0 Appraisal p W~sae 0 Custodial 0 Equipment Failure 0 Leases 0 p Alarm System 0 Leaaae { ntsrior Design p 0 L Lessee 0 Lessee 0 Solid waste 0 Lsssee 0 ! Annex Move 0 Lose" 0 Police move 0 Lessee 0 Electrical 0 Wsaee 0 Natural Gas 0 kzter 0 L44806 ;,ever 0 Lessee $ 0 $10191,900 $ 0 4 Bub Total TOTAL $ 0 $1019/►goo $ 0 pro idt 1 Renovation would be dictated by the architect. These funds woudand avnev items needed over a 20-year period such as new roofs, p 0 VAC system. 2 Before we cound lease this facility, we would need to install A new NVAC system to bring this facility up to standard. .a. 1 October 10, 1990 f Option IIT Long Tern Lease - 20 Years i Total City expenditures for 20 Years =11191,900 0 General Fund) (S 0 Bond Fund) Total Resources for 20 Years $10,8000000 0 Bond Fund) (t 0 annex savings) (510,8000000 Rent)* a(509 aq.ft. office/ 254 sq.ft, warehouse) Total Profit for 20 Years $9,6050100 i i Office 30,010 sq.ft. a 9180,000 year warehouse 120,000 aq.ft. - :360,000 year F I y f, l f i , r XMI: m MIX CITY COUNCIL ITIT TwIM XXT: =71:7 EE a ti E .a f 0 IT: Oho a n Fil 44 4+ ITT ~y k„ 1 i• I { S v f CITY OF DENTON CITY COUNCIL MINUTES OG~ AUGUST 7, 1990 EEC The Council convened into the work session in the Civil Defense Room at 4:00 p.m. PRESENT: Mayor Castleberry; Council Members Alexander, Ayer, Gorton, Hopkins and Trent. ABSENT:. Mayor Pro Tem Boyd 1. The council received staff budget presentations A. Introduction ••~r.r~ Lloyd Harrell, City Manager, stated that the department directors would be making the budget presentations and would concentrate on changes from last year's budget and other significant items. In almost every case, there were no major increases in any budget. The following was the proposed calendar for future council meetings: August 28 budget discussions, September 4 - public hearing on the budget, and September 11 - study session for the budget. John McGrane, Executiva Director for Finance, stated that in the proposed budget the divisional personal services totals included a merit increase, insurance increase and no salary savings deduction. Staff had prepared a new listing for personal services which adjusted those figures. B. City Services General Government - Catherine Tuck, Administrative Assistant, presented the General Government budget. She strted that the General Government budget included expenditures related to the City Manager's Offices, City Secretary, Mayor and City Council. There were no now programs and no new positions 33' requested in the 1990-91 budget. i Council Member Hopkins asked if the salary figure was $386,000 or 1381,000. McGrane replied that if the budget were passed as proposed or without any merit or without any additional increase over 17% in the health insurance, the figure would be the $364,821. Council Member Trent questioned the figures on dues/publications. C membership in ity Manager Harrell replied that the figure represented Citieet the Texas organizations s League such as the National League of and other staff professional organizations. i~ 3 City of Denton City Council Minutes August 7, 1990 Page 2 f . Code Enforcement - Cecile Carson, Administrative Analyst, presented this budget. She stated that there was a significant difference in personal services in her budget. Under the 1989-90 budget, the salary for the Administrative Analyst was in the residential solid waste budget and there was no r clerk/typist. The current clerk/typist who was hired when the department was reorganized and placed under General Government was currently being paid by the animal control budget. City Manager Harrell stated that this was merely a bookkeeping 1 item as there would be a similar decline in the residential solid waste budget and the animal control budget. i Carson continued that special services had changed because in previous years, the amount of money used for mowing liens had been taken out of an accounts receivable account which was set up to handle that administrative fee. To clean up that bookkeeping item, $800 was added to the special services account to cover the filing of those liens in County court. Council Member Trent asked about the telephone expense. Carson replied that the figure represented the cost of the new phone system being installed as well as the actual use of the system. McGrane replied that under the new phone system, certificates of obligation were sold to fund the system. What was budgeted for telephone costs would help pa,r off the debt service. j Council Member Trent stated that then there was really no way I! i to reduce the cost of phone expense in department budgets. i McGrane replied yes, Legal Debra Drayovitch City Attorney, presented this budget. She stated that there were no major changes to current service levels proposed. She stated that salaries were up some due to insurance cost increases, supplies were up some due to the increase in fax charges, and maintenance was up due to increases in maintenance contracts on the PC's in her office. Council Member Trent asked about the department's coffee fund. Drayovitch replied that that expense came out of special services and was approximately $250 per year. i Municipal Court - This budget was presented by Municipal Judge Sandra White. She stated that there were no major changes in her budget. She was proposing one supplemental package which was evening court for juveniles which she would like reviewed. f i ~ 1 City of Denton City Council Minutes i~. August 7, 1990 Page 3 fi p Council Member Gorton asked the number of cases per month the evening court might handle. White replied approximately 50 cases per month. Planning and Development - Frank Robbins, Executive Director for Planning, stated that between the Planning Department, Building Inspections Department and Main Street which was a separate budget for the first time this year, there would be an approximate $17,000 savings from last year's budget. All overtime had been cut, major cuts in publications and cuts in travel/training. The previous organization of the Department r~ included a Director, Planning Administrator, Senior Planner, i two Urban Planners, Planning Technician, Administrative 1 Secretary, Secretary and a Clerk/Typist. The new organization of the department would include a Director, Urban Planner, Senior Planning Technician, Planning Technician, Administrative Secretary, and Secretary. The Planning Administrator and Clerk/Typist positions had been eliminated with the personnel being shifted to different categories in the organization. i Mayor Castleberry stated that costs went up due to the reorganization. I~ Robbins replied yes the cost went up but that there were cuts in other places to make up the difference. Building Inspection - Robbins continued with, the Building Inspection budget. A plumbing inspector was being cut this year with an increase in vehicle maintenance due to the age of the vehicles. There was an increase in travel/training as the loss of the plumbing inspector required others to have more training to do that job. i ' Council Member Gorton stated that mobile home parks were listed under the goals section. Was that to verify that they complied with current regulations. Robbins replied yes mainly regarding hook-ups with gas, water, wastewater, and electricity. Main Street - Robbins stated that this was the first year the ! Main street was a separate item. Last year it was all in the 1 Planning budget. There were no major changes in the Main Street budget. I I MIN! j! 100 t City of Denton City Council Minutes August 7, 1990 Page 9 C. Public Safety ~ Police Department Mike Jez, Police Chief, presented the Police Department budget. He stated that two years ago there were four divisions in the Police Department. Last year that was trimmed to three divisions and this year they were consolidated to one central budget. The programs would remain the same as last year with a major effort bein continuation and expansion of the COPS g placed on the i category had the largest increase due to inc roram. The rease in localucast, contributions for grants for the D.A.R.E. officer and the child abuse investigator. City Manager Harrell stated that that was a the Federal Government initiall 4rant program where first year and each initially Paid 100% of the coat for the for 20% of the cost of ethe after that, the city was responsible j programs. Council Member Alexander asked about the status of approval of those grants for the coming year. I Jez replied that no information had been received yet. Council Member Gorton asked what the full dollar amount would be if the grants were not approved. i Jez replied that a decision would have to be made whether to continue the programs and would have to fund 100% of the programs if not approved. Council Member Gorton asked how training for charged out. new o! ~ firers was Jez replied that if came out of 8503 (travel) and 8522 (school/seminars). F 11 D e t- John Cook, Fire Chief, f for the r re Department. He stated thatr his budget wasQea fairly conservative budget. It represented one major chap e from prior budgets in the area of overti g me costa. Council Member Gorton asked if the suppl+es category included ' uniforms. Cook replied no that it would be in another area. Supplies included books, freight, janitorial services, laundry, etc. i ~ i i~ E ~ Iwway City of Dentoa city council Minutes August 7. 1990 { Page 5 M s The Operations Division had only one mayor increase in the category of 8042 - sworn personnel overtime. This was due to I k correcting overtime and taking up the slack for a new person ` I when an individual retired. City 'tanager Harrell stated that the only way to impact the ` overtime budget, in this scenario, would be to take a piece of equipment out of service. No one was brought back unless at ' minimum manning level. Therefore, someone was needed to F maintain the minimum underbudgeted and when it went i over budget. the Traditionally, twast taken uF by some other city budget so that all the units remained in service. This year a more realistic job of estimating the time was reflected in the budget. Cook continued with the Fire Prevention budget. There was a slight increase in personal services due to the employment of a fire protection engineer. This was a reclass:iication of an existing position at a higher salary. Those funds were made available through a reduction of the Ms Coordinator position. There was a new category added --city testing" which represented tests from the arson lab. In Ue past, those tests had been donated but the lab could no longer afford to do that. The Emergency Medical Services budget represented an increase in sworn personal overtime for the same reason as stated earlier. There was an -nerease in schools/seminars because the 4 Department was going to contract with HCA to provide a paramedic school in Denton at the Flow Campus. Normally an ambulance was purchased each year, but due to the budget shortfall, one was not proposed in the next fiscal year. D. Municipal Services Munic a Servi e E o is evelooment Economic Development Coordinator, stated that Lnda i their budget represented a 4.8• decrease from the budget last year. The supplies category was increased due an increase in office supplies, fax charges, xerox copies, and freight. These charges were used for the preparation of presentations for industrial Proposals and in the maintenance category. rosPTotal There was a decrease ~ $163,846. proposed budget was Quest - The Quest budget was presented by Betty Wilkins, Program Coordinator. She stated that comparing the 1988-89 budget to the 1989-90 budget, the program had been severely cut. This year it would be cut down to her position only. Customer service and productivity would be the two key areas which she would be focusing on in the coming year. ♦ s I ,1 i y.Qxr> av.. a„~ T~ 1 City of Denton City Council Minutes August 7, 1990 Page 6 Library - Joella Orr, Librarian, stated that there were two t unknowns in her budget at this point. one was County funding which a meeting was being planned for the following week. The other was the status of the literacy grant which possibly would i be decided about mid-September. Her budget for next year was slightly less than for this year. In order to meet the target figure, book binding money had been eliminated. More , information would be available next week. Envi ion entantl1Services - Nonie Kull, Environmental Health Serv cg s Manager, stated that her budget included animal control and environmental health. There were no mayor increases in the environmental health budget. The major aspect of the animal control budget was the elimination of the animal control supervisor. This required the rescheduling of operations and the curtailment of evening hours of operation. Only emergency situations would be handled after 5 p.m. Council Member Gorton asked who would get the calls for a nuisance complaint or an emergency. Kull replied the dispatcher would get the call and forward the call to the animal control officer who would call the citizen and make the determination if the call was an emergency. A seasonal employee would be hired during the summer months as there usually was a large increase in calls during those months. Parks and Recreation - Director of Parks and Recreation Steve Brinkman stated that the Department was made up of four different budget areas. The Administration area handled most I of the daily management and operations. For the Department as a whole, there were no new full-time positione. There were some part-time dollars added back in to Leisure Services to add 4ttt back recreation center hours. There were three open positions, the Park Planner, the Therapeutic Recreation Specialist, and Il the Civic Center Supervisor which would cause some reduction of services in certain areas. In the administrative area, the reduced services would involve the six month delay of filling the Pack Planner position, in the leisure services area, in addition to the two open positions, tho reduced services include elimination of the payment to the youth sports leagues. In the park maintenance area and the building operations area, the level of services would remain the same. Council Blrmter Alexander asked how many people were working in the Senior Citizens Center. Brinkman replied there were three full-time people and some butlding attendants which worked on a part-time basis. There were also volunteers from RSVP and SPAN which helped with the ` . reception desk. 3 r l• r1` ~ 1 City of Denton City Council Minutes August 7. 1990 ih Page 7 4~t Council Member Ayer requested a breakdown of income and I t expenses for the Goldfield Tennis center and the golf driving range. nuuncil Member Gorton asked for the number of days open and the Personnel - Tom Klinck, Director of Personnel, stated that he would be presenting a brief overview of the 1990-91 compensation and benefitroram Personnel/Employee Relationss Departme t propos d followed budget. tAs preliminary 1990-91 y down,t the was focus looked was quality delivery the i of citizen programs and services. To maintain that and to keep them in place plus minimize the ,otential for layoffs, it was proposed to maintain the staffing primarily to support the delivery of programs and services to the citizens. Thus there were no salary adjustments or market adjustments and no merit increases in the budget. it was important for Council to understand the consequence of no increases as it related to the competitive job market. No changes in compensation or no increases in compensation affected the City's ability to attract and retain quality employees. This year it was also compounded by an increase in the health insurance premium. The dependent health insurance increases currently proposed by Sanus was at 21% with the cap being at 22%. That was currently under negotiation. For those employees on the HMO only, it appeared that the increase would be a It-2% equivalent salary increase to make up the difference. For the employees on Sanus Plus, it would be a 2%-4t incrr:ase in order to make up the 1 in difference. the e budget. There was a planned on going update ofcTMRSnand 1 a fire pension increase to lot which was state mandated. I { Klinck continued with the Personnel budget which was 1.03% under the current budget. Additional funding was being requested in personal services which would fund two/thirds of the salary of the personnel representative for benefits which was formally funded in the previous health insurance fund. City Manager Harrell stated that formally, when the City was aelf-insured, be i picked up byhthe amothe unt was ineeded was Now the entire of General Fund. s E. Engineering, Transportation and Airport Engineerina - Jerry Clark, City Engineer, stated that he had four budgets to present. The Engineering budget had no new personnel with a slight increase in maintenance and supplies. A supplemental package was being requested to upgrade a computer programs for which allow them to receive more information on F p 1 1 tt.r yi:: r i i City of Denton City Council Minutes August 7, 1990 Page B Council Member Ayer asked how personal services could remain the same when the amount budgeted was going up. r Clark replied no new people were being added and that part of the cost was due to the rise in the health insurance. Also two y I positions were reclassified this year. JI ` The Traffic budget reflected a change in overtime policy where [Aally a lower salaried employee was responding to sign complaints. Uniforms were added to the budget and there was a decrease in the maintenance area of this budget. Street Patching had no new people in the proposed budget and a similar level of service. Street Construction added uniforms h to the budget and had the same personnel as last year. Clark stated that the figures for Street Lighting came directly from the Utility Department based on overage monthly charges. The estimate was down for next year as some of the expansions estimated were not done. Airport - Joe Thompson, Airport Manager, stated that the airport budget would remain the same except for the lose of one employee. There was a proposal to eliminate the airport maintenance worker position. special services was increased to cover the expense of contracting to mow the airport. City Manager Harrell stated that it was an offset in that part of the savings due to the elimination of the position would be used to contract out to mow the airport. i Council Member Trent asked if that would be a real savings. 1 Thompson replied that with the cost of fuel rising, it might balance out and not be a true savings Council Member Trent asked how many acres were being mowed. Thompson replied approximately 200 acres. Deputy city Manager Svehla stated that the amount of the contract was derived from estimating mowing 200 acres at $14-$15 per acre for four to five times. { Concern was expressed by the Council. that the airport might jjj need more mowing than what was proposed. Council Member Ayer asked how many times it was being mowed now, 4 Thompson replied every five weeks. I r r City of Denton City Council Minutes August 7, 1990 Page 9 Council Member Ayer asked if that had been 3 traditional figure. Thompson replied yes. F. Sanitation/Equipment Services I Com unit Services - Bill Angelo, Director of Community * L"v ce S s, presented this item. The Drainage budget did not have many changes for the proposed budget. There was a $12,000 cut in what was requested to maintain services. That amount f! would be made up by either purchase or lease of equipment or the street sweeping area. A discussion was held regarding future drainage needs of the City and work needed. The Sanitation budget included several new packages designed to meet new Federal regulations. Some of these included a scraper rental for the landfill, a tire cutter for the landfill, a replacement pickup, parts for the scale at the landfill, and front load dumpeters. These packages were proposed in the budget assuming that commercial would not be sold. These expenditures would not be made until somas type of decision had been made about the commercial business. Another proposed program was a curbside recycling pilot program. The Commercial budget assumed that the City would stay in the business. No new personnel would be requited for the solid waste department. Community Services budget would remain the same. Fleet services would be unchanged. i The Council convened into the Regular Session at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Castleberry, Mayor Pro Tom Boyd, Council Members Alexander, Ayor, Gorton, Hopkins and Trent. I ABSENT: None 1. The Council considered approval approval of the minutes of the regular sessions of June 5, 1990 and June 19, 1990 and the special call session of June 26, 1990. Alexander motioned, Ayer seconded to approve the minutes. Council Member Ayer asked to be allowed to abstain from voting " on those items he had not participated in the discussion of and those items he had not had a chance to study. Motion on the minutes carried unanimously. I 1 1 WIW~ i 1E y. I ~ City of Denton City City Council Minutes F August 7, 1990 Page 10 h d ` 2. The council received an update from Dr. Roland Vela regarding the Texas Municipal Power Agency. j Dr. Vela presented information on the overall condition of the plant and the financial conditions of tho plant. 3. The Council received a citizen report from Donald Cox r regarding the Outreach Library program at the Martin Luther King, Jr. Recreation Center. Mr. Cox stated that the service was too significant to be closed at this time. He understood that the library services were "never intended to be permanent". The people who used that service wanted it to be permanent. He asked that the Council not use the rational that the service was never intended to be permanent as a basis for justifying a decision to discontinue the service. He presented a petition of support for the continuation of the Outreach Program. i 4. The council received a citizen report from Reginald Jackson regarding the outreach Library program at the Martin Luther King, Jr. Recreation Center. Mr. Jackson stated that after a meeting this morning with Steve Brinkman, Joella Orr and Betty McKean, that there were many misconceptions about what the project was suppose to do. His organization and the community felt the goal was to provide library service for the purpose of eliminating illiteracy. He also presented a petition of support for the program. He presented suggestions for continuing the library services at i the MLK Center as suggested by the Collins Youth College Council: (1) a commitment be made by City officials t+ operate the library project until illiteracy was eliminated from the area the project served, (2) all City officials consider Denton's budgetary shortfall as a temporary financial condition which should reflect any cuts in library services, (3) at an alternative to complete termination of the King library project, operation of the project as a City operated reading room until adequate funding allowed the project to be restored to its present status, (4) MLk Advisory Committee would be responsible and have the authority to assure the continued { operation and success of the King library and answer the to Library Director, (5) City officials continue to review the option to provide children from lower income families transportation from the King Center to the Fowler Library, (6) retain all current reading materials currently housed in the King Library, maintain the courier service currently in " operation between the two libraries, recruit interns working for Information Science degrees at both Universities, obtain assistance from local, well-organized volunteer services establishing a volunteer board specifically for the reading room and continue the facility use agreement under which the library project had operated since moving to the King Center. J i City of Denton City Council Minutes August 7, 1990 Page 11 Any decisions being made concerning the southeast Denton community include community input, collected from individuals who were properly equipped, informed and willing to represent the community. Mayor Pro Tem Boyd stated that it was his understanding that the program was intended as an outreach elt that the Cityp would nevernbeuable use of the library. to provide an adequate library in the sense that the community deserved. The emphasis ought not be to provide a separate but unequal library in the Black community but rather to provide a way to encourage children to begin using library facilities. Jackson replied that the primary goal for the community of southeast Centon was to invoke a wider interest and that it was not communicated well enough to the community in the two years the program had existed. He felt that right now, at this time, the Library community caabouthethe wsmall there was no use nfor vokede in Fowler invoked awareness being library. A better communication process at the King Center would possibly increase awareness of the Fowler Library. re Council community Member Alexander the project m ghtrhavensbeen f mothe successful than they realized. Council Member Hopkins stated that no decisions had been made at this time. It was in the nature of the job of the library ' staff to bring the item to Council. 5, Consent Agenda Council Member Gorton requested that item 5.A.1. be pulled for i special consideration. Gorton motioned, Boyd seconded to approve the Consent Agenda ' abstaining for lack of Information. with Council except for Member Ayer Item 5.A.l. A. Bids and Purchase orders: I 2. P.O. #98902 - J 6 S Equipment 3. P.O. #98905 - Rone Engineers 4. Bid #1014 - white Glove B. Tax Refunds 1. Considered approval of a tax refund for Harold R. Gore. 2. Considered approval of a tax refund for Penders Music Store. i N ~aa ,ue~tm~ I 1 ~ r I 4^ 1 k r. City of Denton City Council Minutes August 7, 1990 Page 12 4 Item S.A.1. was considered. Council Member Gorton stated that names of all of the companies were essentially the same except for one or two letters. He wanted to be assured that this was not one parent company that hed three subsidiaries place bids. Tom Shaw, Purchasing Agent, replied that that appeared to be the case. There was an cption to bring this purchase to council as a single source because to the best of their knowledge, it was a single source. However, since they were ' not sure, they chose to go through the formal bid process in hopes that something else would be developed. The request was sent to numerous other people they assumed to be in this type of business. No one else replied. The quotes were from the factory, the northeast representative and the southwest representative. Council Member Gorton stated that essentially the difference was shipping. Shaw replied yes. Gorton motioned, Hopkins seconded to approve Consent Agenda Item S.A.I. Motion carrlCd unanimously with Council Member Ayer abstaining for lack of information. A. Side and Purchase orders: 1. Bid #1125 - Hydraulic Torque Machine i 6. Ordinances A. The Council considered adoption of an ordinance ` accepting competitive bids and providing for the award of contracts for the purchase of materials, equipment, supplies or services. (4.A.1. - Bid #1125) The following ordinance was considered: NO. 90-105 i r AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. JJ Gorton motioned, Hopkins seconded to adapt the ordinance. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Gorton ` "aye," Boyd "aye," and Mayor Castleberry "aye." Motion carried unanimously with Council Member Ayer abstaining for lack of information. ` I I J IM{NF~ 1 I City of Denton City Council Minutes August 7, 1990 Page 13 i B. The Council considered adoption of an ordinance providing for the expenditure of funds for emergency purchases of materials, equipment, supplies or services in accordance with the provisions of state law exempting such purchases from requirements of competitive bids. (4.A.2 - P.O. #98902, 4.A.3. - P.O. *98905) The following ordinance was considered: NO. 90-106 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING FOR AN EFFECTIVE DATE. Gorton motioned, Alexander seconded to adopt the ordinance. On r llaye,ij Boyd oll vote, Trent "aye," Alexander "aye," Hopkins "aye," Gorton unanimously 'with 'Couand ncil Mayor Member Castleberry Ayer ab taining Notion n lack carried information. The Council considered authorizing the execution of achange adoption o to an ordinance between the City of Denton and white Glove; and providing for an increase in the contract price. (4.A.4 - Bid #1014) The following ordinance was considered: NO. 90-107 M AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A CONTRACT BETWEEN THE CITY OF DENTON AND WHITE GLOVE; PROVIDING FOR AN INCREASE IN THE CONTRACT PRICE; AND PROVIDING AN EFFECTIVE DATE. Gorton motioned, Hopkins seconded to adopt the ordinance. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Gorton "aye." Ayer "ay®," Boyd '-aye," and Mayor Castleberry "aye." Motion carried unanimously. D. The Council considered adoption of an ordinance amending Section It of the franchise granted to Lone Star Gas Company by Ordinance No. 82-56 to franchise fee to be paid by Lone Star Gas provide for the use of the public streets. (Third Reading) i a I 1 i f City of Denton City Council Minutes August 7. 1990 Page 14 Lloyd Harrell, City Manager, stated that the increase in the gas franchise was part of last years budget discussion. At that time, the fee was included ($50.000) in last year's % budget. Since that time, John McGrane had been working with Lone star Gas to negotiate the contract to win other concessions regarding the frequency of payment. Lone Star was unwilling to do anything except change the amount from 2% to 3%. The concerns expressed by Mayor Pro Tem. Boyd regarding the • wording of the ordinance had been worked through by the Legal Department and Mayor Pro Tem. Boyd and had improved the document. The following ordinance was considered: NO. 90-108 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SECTION II OF THE FRANCHISE GRANTED TO LONE STAR GAS COMPANY BY ORDINANCE NO. 82-56 TO PROVIDE FOR AN AMENDED FRANCHISE FEE TO BE PAID BY LONE STAR GAS COMPANY FOR THE USE OF THE PUBLIC STREETS; AND DECLARING AN EFFECTIVE PATE. Boyd motioned, Gorton seconded to adopt the ordinance, on roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Castleberry "aye." Motion carried unanimously. Item 7.A. was considered. 1 7. Resolutions A. The Council considered approval of a resolution temporarily closing the 100 block of North Elm Street, the 100 block of West Oak Street, the 100 block of North Locust Street and the 100 block of West Hickory Street on September 15, 1990. Jane Biles, Main Street Director, stated that the street closing was for County Seat Saturday. In the back-up material, petitions were circulated to the businesses on the Square and the area affect%;c: by the closure. There were signatures of all of the businesses represented with the exception of two. Two businesses would not sign the petition and would not oppose the street dosing. All of the property owners who were not represented as business owners on the Square had been contacted by phone and told of the date of the meeting so that they could be present to oppose the closing if they desired. She did not receive any opposition on the phone. Council Member Trent expressed a desire to confirm that there was no one in the audience who opposed the street closing. i E i S ~r.ps.. City of Denton City Council Minutes August 7, 1990 Page 15 No one in the audience expressed opposition to the street closing. The following resolution was considered: NO. R90-038 A RESOLUTION TEMPORARILY CLOSING THE 100 BLOCK OF NORTH ELM STREET, THE 100 BLOCK OF WEST OAK STREET, E BLOCK 100 NORSTREET TH LOCUST TE 100 1990 BLOCK OF WEST HICKORY STREET ON SEPTEMBER 15 AND PROVIDING FOR AN EFFECTIVE DATE. Alexander motioned, Ayer seconded to ap'pro e" the re s lution. On roll vote, Trent "aye," Alexander Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Castleberry "aye." Motion carried unanimously. Council returned to the regular agenda order. 6. Ordinances E. The Council considered adoption of an ordinance amending Article i of Chapter for asp t("Electrical Code")lto Ordinances th6 a6oCity of Denton, a~ption of the 1990 National Electrical Code and adoption o amendments tc the National Electrical Code; to provide for additions thereto; repealing al penaltynancesthe In amount herewith; and providing for a $2,000.00 for violations therefor. (The Electrical Code Board recommended approval.) The following ordinance was considered: NO. 90-109 AN ORDINANCE AMENDING ARTICLE I OF CHAPTER 9 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON. TEXAS ("ELECTRICAL CODE") TO PROVIDE FOR ADOPTION OF THE 1990 NATIONAL ELECTRICAL CODE AND ADOPTION OF AMENDMENTS TO THE NATIONAL ELECTRICAL CODE; TO PROVIDE FOR ADDITIONS THERETO; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVID1igG FOR A PENALTY IN THE AMOUNT $2,000 . 00 FOR EFFECTIVE DATE VIOLATIONS THEREFOR; AND PROVIDING FOR i I~ r City of Denton City Council Minutes August 7, 1990 Page 16 r . Hopkins motioned, Alexander seconded to adopt the ordinance. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Gorton "aye." Ayer "aye," Boyd "aye," and Mayor Castleberry "aye." Motion carried unanimously. F. The Council considered adoption of an ordinance prohibiting the parking of vehicles on both sides of Ponder j Street from its intersection with Panhandle Street to a point 200 feet north of said intersection; providing a severability clause; providing a penalty not to exceed two hundred dollars. (The Citizens Traffic Safety Support Commission recommended ;r approval.) Rick Svehla, Deputy City Manager, stated that Ponder Street narrowed between Egan and the bridge between Panhandle and Broadway. Initially the resident at 1122 Panhandle had asked for removal of parking. Staff tried to remove the parking for the whole block and a half, however, the residents in the block between Panhandle and Egan thought that would prohibit some of their activities. Council Member Ayer asked about removing the parking on Ponder { between Panhandle and Egan. Svehla replied that residents on that block would not agree to the removal of the parking. The following ordinance was considered: NO. 90-110 j AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING THE PARKING OF VEHICLES ON BOTH SIDES OF PONDER STREET FROM ITS INTERSECTION WITH PANHANDLE STREET TO A POINT 200 FEET NORTH OF SAID INTERSECTION: PROVIDING A SEVERABILITY CLAUSE: PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. Trent motioned, Alexander seconded to adopt the ordinance. on roll vote, Trent "Aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye." Boyd "aye," and Mayor Castleberry "aye." Motion carried unanimously. I G. The Council considered adoption of an ordinance amending the fees for sign permits to provide for an annual fee for signs required by the State to be permitted. 1 I h Iii City of Denton City Council Minutes August 7. 1990 Page 17 Frank Robbins, Executive Director for Planning, stated that the ordinance would repeal the immediate past sign fee ordinance. This was not part of the zoning ordinance. The ordinance added a fee for off-premise signs on Highway 380, Nig;,:':ky 77 and Interstate 35 east and west. These areas were regulates the state alone and for which the City would be certified to regulate. Stato law required that there be an annual permit and the fee would be for the first annual permit and a fee for a subsequent annual permit. Council Member Hopkins asked if this ordinance had anything to do with the other sign ordinance. / Robbins replied no it did not. Council Member Trent stated that there was no change in the fee. Instead of going to the State, it now went to the City of Denton. Robbins replied correct. The following ordinance was considered: NO. 90-111 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE FEES FOR SIGN PERMITS TO PROVIDE FOR AN ANNUAL FEE FOR SIGNS REQUIRED BY THE STATE TO HE PERMITTED: AN PROVIDING FOR AN EFFECTIVE DATE. i Trent motioned, Alexander seconded to adopt the ordinance. Oa roll vote, Trent "aye," Aloxander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Castleberry "aye." Motion carried unanimously. H. The Council considered adoption of an ordinance of the City of Denton, Texas, approving the 1990 tax rolls, This item was pulled from the agenda. 1. The Council considered adoption of an ordinance approving a compromise settlement release and dismissal of all pending and future claims for pending litigation between the City of Denton and Lary Morris, et al. The following ordinance was considered: I J 1 1 1 Yr i City of Denton City Council Minutes r August 7, 1990 r Page 1S NO. 90-112 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A COMPROMISE SETTLEMENT RELEASE AND DISMISSAL OF ALL PENDING AND FUTURE CLAIMS FOR PENDING LITIGATION BETWEEN THE CITY OF DENTON AND LARY MORRIS, ET AL; AND DECLARING AN EFFECTIVE DATE. Alexander motioned, Hopkins seconded to adopt the ordinance. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Boyd "aye," and Mayor Castleberry 11aye.01 Motion carried unanimously with Council Member Ayer abstaining for lack of information. J. The Council considered adoption of an ordinance approving a compromise settlement release and dismissal with prejudice of all pending and future claims for pending litigation between the City of Denton and Laura Richardson at al. The following ordinance was considered: N0. 90-113 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A COMPROMISE SETTLEMENT RELEASE AND DISMISSAL WITH PREJUDICE OF ALL PENDING AND FUTURE CLAIMS FOR PENDING LITIGATION BETWEEN THE CITY OF DENTON AND LAURA { RICHARDSON, ET AL; AND DECLARING AN EFFECTIVE DATE. Alexander motioned, Hopkins seconded to adopt the ordinance. Gn roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Horton "aye," Boyd "aye," and Mayor Castleberry "aye." Motion carried unanimously with council Member Ayer abstaining for t lack of information. ssj K. The Council considered adoption of an ordinance providing for the purchase of real property from Lillian Irene Queseaberry, Bob Nelson, Executive Director for Utilities, stated that this was a 1 3/4 acre tract located at the northeast corner of the Service Center. Thu property owner expressed an interest in selling the property to the City. The appraised value of the property was $46,000 with a negotiated price of $35,000. Funds ware available in the Flectric Department Building CIP program to purchase the property. This would provide some badly needed storage area at the Service Center. !E t kaw,, / J {[T nnan~~ i 1 ,wa City of Denton city Council minutes t August 7, 1990 Page 19 ~r Y r The following ordinance was considered: NO. 90-114 AN ORDINANCE APPROVING A CONTRACT PROVIDING FOR THE PURCHASE OF REAL PROPERTY FROM LILLIAN IRENE QUESENBERRY; AND PROVIDING FOR AN EFFECTIVE DATE. Alexander motioned, Gorton seconded to adopt the ordinance. On roll vote. Trent "aye," Alexander "aye," Hopkins "aye." Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Castleberry "aye." Motion carried unanimously. L. The council considered adoption of an ordinance authorizing the Mayor to execute an agreement between the City of Denton and Alan Plummer and Associates, Inc. for professional engineering services; and approving the expenditure of funds therefor. (The Public Utilities Board recommended approval.) Bob Nelsen, Executive Director for Utilities, stated that according to State law and the Texas Watec Commission requirements, once a wastewater treatment plant reached a volume of 75% capacity, a master plan study must begin to look at the next phase of construction for the facility. Denton had passed that 75% stage about two years ago. At that time, Council had entered into an agreement with Freese and Nichols to do a master plan. That plan called for a phased construction which first upgraded the existing facility to meet the newest standards and then to add a three million gallon a day capacity to that plant. The next stage was at 90% of the rated capacity, construction must be underway. Denton was anticipated to be at that stage in about three years. Proposals were received from four different engineering firms. The Public Utilities Board recommended the bid from Alan Plummer and Associates for its innovative presentation and suggested ways to save money. The contract was in two phases with an operational phase and a design phase. Council Member Gorton asked for an estimate for the final phases. Nelson replied approximately 4700,000. Council Member Hopkins asked if the proposed engineer was trom r the area. Nelson replied yen that they were located in the Arlington area. Y : i ,I t ly~ ip5"~ 1 NCTJ~ I I~ City of Denton City Council Minutes August 'l, 1990 r Page 20 r Council Member Trent asked it the money for the project was coming from the wastewater fund. Nelson replied that it would be paid for by bond funds and 1 those bonds were sold and the interest was being paid for by the sewer revenue bonds. Council Member Trent asked where the study money was coming from, Nelson replied that the study money was also bond funds. The following ordinance was considered: i NO. 90-115 I AN ORDINANCE AUTHORI22NO THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND ALAN PLUMMER AND ASSOCIATES, INC. FOR PROFESSIONAL ENGINEERING SERVICES: APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. Trent motioned, Hopkins seconded to adopt the ordinance. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Gorton I "aye," Ayer "aye," Hoyd "aye," and Mayor Castleberry "aye," , Motion carried unanimously. 7. Resolutions A. Item A. was considered earlier in the meeting. ! B. The Council considered approval of a resolution , appointing Tom Harpool to the Board of Directors of the Texas !I Municipal Power Agency. The following resolution was considered: NO. R90-039 A RESOLUTION APPOINTING TOM HARPOOL TO THE BOARD OF DIRECTORS OF THE TEXAS MUNICIPAL POWER AGENCY AND DECLARING AN EFFECTIVE DATE. Gorton motioned, Alexander seconded to approve the resolution. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Castleberry "aye." Motion carried unanimously. J ~-I l / l [1 . b: ryf\F a City of Denton City Council Minutes August 7, 1990 Page 21 C. The Council considered approval of a resolution assigning a portion of its authority to issue single family housing bonds to Denton County, Texas and resolving other matters in connection therewith. The following resolution was considered: "gy m NO. R90-040 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, ASSIGNING A PORTION OF ITS AUTHORITY TO ISSUE SINGLE FAMILY HOUSING BONDS TO DENTON COUNTY, TEXAS AND RESOLVING OTHER MATTERS IN CONNECTION HEREWITH. Ayer motioned, Gorton seconded to approve the resolution. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Castleberry "aye." Motion carried unanimously. D. The Council considered approval of a resolution of the City of Denton, Texas, 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. (The Public Utilities Board recommended approval.) The following resolution was considered: NO. R90-041 A RESOLUTION 07 THE CITY OF DENTON, TEXAS, 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; AND PROVIDING AN EFFECTIVE DATE. Alexander motioned, Ayer seconded to approve the resolution. On roll vote, Trent "aye," Alexander "aye," Hopkins "nay," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Castleberry "aye." Motion carried with a 6-1 vote. E. The Council considered approval of a resolution authorizing the City Manager to execute an agreement between the City of Denton and the University of North Texas for solid waste disposal service. (The Public Utilities Board recommended approval.) N,1M ■1 3 a. City of Denton City Council Minutes August 7, 1990 t' Page 22 Bill Angelo, Director of Community Services, stated that several weeks ago, staff had submitted a bid to the University of North Texas to provide for solid waste collection service. A few days ago, staff was notified that the City was awarded the bid although it was not the low bidder. The University had been with BFI for the last two years and with the City, three years prior to that. The contract would be for $11,600 month. One additional employee would be needed in the solid waste division to provide the service. aa_+f City Manager Harrell stated that there also was a provision in the contract which acknowledges that the City was in the middle of deciding what to do with its solid waste collection service and that the City would bo released from the contract should the City decide to leave the solid waste business. f The following resolution was considered: NO. R90-042 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE UNIVERSITY OF NORTH TEXAS FOR SOLID WASTE DISPOSAL ' SERVICE; AND PROVIDING AN EFFECTIVE DATE. Alexander motioned, Gorton seconded to approve the resolution. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Gorton ^aye," Ayer "aye," Boyd "aye," and Mayor Castleberry "aye." Motion carried unanimously. 8. Submission of the effective tax rate and rollback tax rate. John McGrane, Executive Director for Finance, stated that the effective rate and rollback rate needed to be submitted to Council with no action required. The rates were calculated by v Joe Rogers, Denton Central Appraisal District. The effective j tax rate was $.65531 per $100 value and the rollback rate was 1.6689 per $100 of value. 9. Submission of the certified collection rate. John MCGrans, Executive Director for Finance, stated that it was a requirement in the calculation of rates to certify what the collection rate would be on next years taxes. Because of the way the law was written, it was better to estimate high than low. Staff was estimating a 100% collection rate. No action was needed to be taken. i i i i 1 { { f3 A~TVrh{ ~ 1 F J1 City of Denton City Council Minutes August 7, 1990 Page 23 Council Member Hopkins asked what was a rule of thumb so far as what was acceptable to Moody's and Standard and Poore for an amount of debt reserve. What did the City need to have considering the proposed budget. McGrane replied that there was no definite set percentage. It was done on an individual city basis. A number of factors went into the bond rating such as local economy, the bond rating, the state and national economy, tax rates and income per capita A general rule of thumb was about 8t-10% of total expenditures which would give the City about a month and a half to two months of operating revenues if something unexpected would happen. The bond rating agencies did not look at the percentage of reserve but rather within a five to ten year period, how many times that reserve was drawn upon. Mayor Castleberry recognized Jesse Coffey from the audience. Jesse Coffey stated that in the proposed budget, the City Manager stated that 8t-10% of the expenditures was for fair reserve. If that was the case, there was an indication of a cash reserve fund of $2,584,593. He asked the City Manager if { that was correct. City Manager Harrell stated that he did not have a budget in front of him to verify that figure. Coffey continued with a question on page 92 of the proposed budget. The general fund undesignated balance showed was, as of 10 1-89, $3,159,593, Was that cash money in reservo. ~ City manager Harrell replied that that was undesignated fund balance. Coffey replied money set back to use for unexpected expenditures. He asked if the utility system fund had $43 million in cash for a reserve and if so, were they asking for a 12% increase in electric rates and a 9% increase in sewer rates and 6♦ increase in solid waste rates. City Manager replied that when the 8-101 rule of thumb of what should be and what bond ratings look at, that was referred, as a bond rating agency would when they look at a general obligation bond, of property tax generated reserves. Bond agencies, when they rate a general obligation bond, do not look at the revenue system. A revenue system was looked at by the cash flows in electric, water, wastewater system to stand on their own. Those two were completely different. A OW MI~ I t City of Denton City Council Minutes August 7, 1990 Page 24 t fe.... Coffey asked again if the City had $43 million in cash in reserve in the utility system. John McGrane, Executive Director for Finance, stated that it was nit purely cash. There were a number of bond covenants which required a ratio coverage which the City had to maintain 1 in reserve which would be included in that number. There would be CIP funds that would be included in the number, That was the fund balance which was required in both the electric, water and wastewater sewer system to keep those coverage ratios. He continued that a portion of that, $12 million, was made up for bond covenants. $6 million was in interest in oinking fund. Reserve fund requirements of $3.5 million, an emergency fund requirement under bon:; covenants of $250,000 and an extension and improvement fund requirement of of $2.3 million. 10. Miscellaneous matters from the City Manager. City Manager Harrell did not have any items to report. 11. There was no Executive Session held during the Work Session. 12. New Business I No item of New Business was suggested by Council Members for future agendas. , 13. The Council convened invi Executive Session to discuss legal matters (considered action in : _ElgV), real estate and personnel/board appointments, i Council Member Hopkins left the meeting during the discussion of In Be: Flow. No official action was taken. With no further business, the meeting was adjourned. i BOB CASTLESdRRY, MAYOR CITY OF DENTON, TEXAS v JENNIFER WALTERS, CITY SECRETARY CITY OF DENTON, TEXAS 3290C ~N NNM,.,~ 1 pJn f 1 fJly rJ ♦ii0 J 1 J 4 CITY OF DENTON CITY COUNCIL MINUTES ddd AUGUST 21, 1990 The council convened into the Work Session at 5:15 p.m. in the Civil Defense Room. PRESENT: Mayor Castleberry; Council Members Alexander, Ayer, Gorton, Hopkins and Trent. :sr ABSENT: Mayor Pro Tem Boyd 1. Staff Budget Presentations Lloyd Harrell, City Manager, reviewed the budget schedule for the next few weeks. At the current meeting, staff would finish formal department budget presentations. The next meeting would include consideration of the the hotel/motel budgets with the majority of the meeting involving staff formally presenting to Council information that it had requested in connection with the budget. The September 4 meeting would include a formal public hearing on the budget and the tax rate. The September 11 meeting would be a study session concerning the proposed budget, The adoption of the budget and tax rate would be on Lhe September 18 meeting. Mayor Pro Tem Boyd joined the meeting. Finance Administration - John McGrane, Executive Director for Finance, presented the Finance Administration budget. He stated that it had the same staffing level. There was a slight increase in office supplies due to increased fax charges and travel due to increased airfare. There was a printing request for the cost of printing the budget document. aanncee mu - McGrane continued with this budget noting that in reserve category, $200,110 had been removed for next year. In the Denton Central Appraisal District amount, $137,000 had been budgeted with a possibility of an increase to $163,219 due to a 3% salary increase. Council Member Ayer asked if there was anything the City could do regarding the Appraisal District budget. McGrane replied that if a majority of the entities vetoed the Appraisal District budget, it would have to prepare another budget. Accounting - Monte Mercer, Controller, stated that there had been a personnel change from the 1989-90 budget in that there had been a reorganization of staff where a professional level employee had resigned and in place of that position, two I` pars-professional positions were created. The only major highlight of that particular budget was postage, which was increased due to the upcoming increase in postage. I ~ I t ~11fnel I ,f■r■1 P Ft City of Denton City Council Minut,s r,.., August 21, 1990 Page 2 Customer Serytce - Ann Bingman, Customer Service Manager, stated that her budget had the same staffing since im. Postage was a large portion of the budget. This budget reflected a request for a PC as they produced a lot of technical reports, s~ Council Member Trent asked how the City stood on its EMS billing. Mercer replied that collections were 60-70% of the billings with the rest being sent to a collection agency. II Council Member Trent asked about the impact if Customer Service did not receive a PC. Bingman replied that the Department had one PC now and it was always in use. It would hamper the Department's ability to produce reports. Purchasing - Denise Manning, Senior Buyer, stated that the workload in the Department had increased but personnel in the Department had not increased. There had been a reorganization in the Department. McGrans stated that originally there had been a purchasing agent, assistant purchasing agent and buyer. When John Marshall retired, the Department was reorganized to a purchasing agent, senior buyer and buyer. This eliminated an assistant purchasing agent which allowed the Department to save money. A hig::er level position was eliminated and an additional buyer position was added. Treasury - Harlan Jefferson, Treasurer, stated there were no changes in the budget except for in fixed assets. An optical scanner system was proposed which would allow electronic posting of payments thus reducing errors and time spent in lines for payments. City Manger Harrell stated that $13,000 would come from the Utility budget and $3,000 from the General fund for payment of the system, - Jefferson stated that there was no increase in the level of service for the Tax Department. Municipal Court, - Jefferson stated that there was no increase in the level of service for this budget. It was a hold the line budget. i I 1 i I T i I, ~r r 1 r 1 1 City of Denton City Council Minutes August 21, 1990 Page 3 Into~~naa ion S r c - Gary Collins, Director of Information £ervices, stated that there was a 1.186 increase in non-personal services which amounted to about $5,000 due to increases in the GIS maintenance costs. Word Processi_nq - Collins stated that there were no increases s.~ in the, non-personal category. This was a maintenance budgHe cautioned Council that the Wang equipment was yetting quite outdated. The system was 13 years old as was the technology. City Manager Harrell stated that the equipment was of a critical nature but that the problem was the money involved in redoing the equipment. Z1.ctric UtilitieA - Bob Nelson, Executive Director for Utilities, stated that there were 22 divisions in the Utility Department. In the electric department, revenues were expected to be around $64.9 million, expenses around $64.8 million with in that proposed min the s electric department. No coat0ch change was were division. In the water department, revenues were expected to $54,170, with There expenditures were 62 about $12.4 in that for about a nat $12,5 millibn department. The budget was proposing a 9.974 increase in the ' water rates for the next year. The wastewater revenues were expected to be about $7.4 million, expenditures about $6.9 E million cot a net of $411,941. There were 58 employees in the wastewater department with a proposed 9.46% increase in rates for next year. There were no anticipated bond sales in the electric department with some anticipated in the water and wastewater departments. Nelson reviewed the personnel for the electric division in which one employee was deleted from electric production and moved to electric communications. The electric distribution had 51 positions available nr, was now operating 12 people short. There wag $30,000 in the advertising budget for economic development. represented about 120% of the budget Ucosts. Ray Roberts stated budget. The water budget had $15,000 for economic development. Council Member Ayer asked what the City had to do to get money from the Upper Trinity Regional Water District. Nelson replied that the District needed to get other area cities to sign a contract with the District and then have Denton sign a joint participation agreement with the District. i pp♦AMV 1F 1 IR1~Yq 1• ~~yy,, ■■■■1 ~ 1 t i R r City of Denton City Council Minutes August 21, 1990 Page 4 Council Member Hopkins asked how the shortfall was going to be r paid back to the water account. Nelson replied that the Public Utilities Hoard decided not to pay back the money this y?ac because of the economy. The money was programmed into the rates at a rate of a.5 million per year. hc~l Waste 11, Utilities - Nelson stated that payroll made up 28% of this budget. There were 58 employees in this division. Nelson explained the duties of each department in this division. Council Member Trent asked Nelson to explain civilian overtime and civilian longevity. Nelson replied that longevity was a benefit to City employees in the amount of $4 per month per year that an employee worked for the City. overtime was what it took to operate the organization. Hfs goal this year was to hold overtime to a 5-10% level, The Council convened into the Regular session at 7:00 p,m. in the Council Chambers, 4 PRESENT: Mayor Castleberry; Mayor Pro Tom aoyd; Council Members Alexander, Ayer, Horton, Hopkins and ! Trent. I j ABSENT: None 1. The Council considered approval of the minutes of thm regular session of July 170 1990. Hopkins motioned, Alexander seconded to approve the minutes as presented. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye." Gorgon 'Kaye," Ayer "aye." Boyd "aye," and Mayor Castleberry aye, Motion carried unanimously. 2. Yard of the Month Presentations Mayor Castleberry presented the Yard of the Month Awards for j August to: Dennis and Cathy Loccisano Jim and Sally Mudd Arby's Jack Highfill Skip's Hoot and Shoe Repair I 3, The Council considered approval of a resolution supporting the expansion of Dallas/Fort Worth International Airport. i , J N A'n i,Ap:l~ i/ i ~ I WYSY ~ i I 9 of 1 . City of Denton City Council Minutes August 21, 1990 ip Page 5 Reed Pigman, representing the North Texas Commission, stated that the DFW airport needed to expand in order to meet damands put on the Airport. It was a good neighbor to the surrounding i communities. It was spending $120 million for buy outs, sound 9 proofing, etc. If the expansion was not adaed, traffic and delays would be great. If delays were too great, a negative impact, could occur in that companies would not be willing to locate in the DFW area. He asked Council for support for the proposed resolution. Lloyd Harrell, City Manager, asked for the number of cities J which had passed similar resolutions. Pigman replied he was not sure but that there were a number of them. Council Member Trent failed to see how adding crossing runways would fix any delays in time. Pigman replied that right now there were two maSor north-south runways for instrument landing approaches during bad weather. The proposed plan would add two runways exactly parallel to the existing runw3ye which would double the capacity for low visabi)ity-low ceiling approaches into DFW. Council Member Alexander asked for a clarification regarding the mitigation effort] by the Airport. i Pigman replied that the Airport was refining areas that would be affected. There would be some buy outs, some mitigation with an easement, etc. I Council Member Gorton asked if the additional runways were part II of the master plan for the Airport. Pigman replied no that that was the reason for the environment impact study. The following resolution was considered; NO. R90-043 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, SUPPORTING THE EXPANSION OF DALLAS/FORT WORTH INTERNATIONAL AIRPORT. Alexandt: motioned. Boyd seconded to approve the resolution. Council Member Treat stat2d that without hearing from the other side, he couldn't support the resolution. On roll vote, Trent "nay," Alexander "aye," Hopkins "aye," ` Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Castleberry "aye." Motion carried with a 6-1 vote. 3 R&] City of Denton city council minutes August 21, 1990 , Page 6 Mayor Castieberry presented a proclamation foe the Parkway Children's Oreenspace. 4. Consent Agenda Council Member Trent asked that Item 4.A.I. be pulled for special consideration. Boyd motioned, Gorton seconded to approve the Consent P.genda excluding Item 4.A.1. Motion carried unanimously. A. Bids and Purchase Orders; 2. Bid #1130 - CRT's Controller, Printer System 3. Bid #1131 - Maintenance of PC and Related Equipment j 4. Bid #1133 - Padmounted Capacitor Banks 5. Bid #1128 - Alexander Drainage 6. Bid 01132 - West Oak Paving and Drainage 7. P.O. 098817 - American Management System 8. P.O. #98818 - IBM 9. P.O. 098813 - Eastern Electric { 1! 10. Bid #1069 - Change order for Oak Hickory 6 Fry Paving and Drainage Itbm 4.A.1, was considered. Council Member Trent asked what was the present method fop street sweeping. Bob Nelson, Executive Director for Utilities, stated that the city had a small street sweeper which was no longer usable. Currently the City had a contract with an outside agency to perform street sweeping. Approximately 5o miles per month were getting swept. The proposed unit would work in 0a residential areas of the City. Council Member Trent asked how the purchase price compared to leasing arrangements. Nelson replied that it could be done for one-half to two-thirds of the cost if not contracted out. I ~ • ,----ill i~ w City of Denton City Council Minutes 1 r August 21, 1990 Page 7 Council Member Trent asked how many months of the year the unit would not be used. Nelson replied it would be used all year round. w Council Member Trent asked if purchasing was the answer if the last unit lasted only four years. Nelson replied that the plan was to work the unit on two shifts and never be idle. It was hoped that it would last five years. Mayor Pro Tem Boyd stated that several years ago there was a proposal to do all the street sweeping in-house. Later a proposal was presented to save some money by doing some of the sweeping in-house and some out-of-house. He felt that this was a situation where neither full contract or full in-housa was economical. Council Member Ayer stated that he could see a need for some contract work from time-to-time. He felt that street sweeping was the responsibility of the City and did not want to see the City not own a street sweeper. Gorton motioned, Hopkins seconded to approve Consent Agenda Item 4.1k.1. Motion carried unanimously. A. Bids and Purchase orders: I~ 1. Bid #1116 - Street Sweeper S. Ordinances A. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of E contracts for the purchase of materials, equipment, supplies or services, (4.A.1. - Bid #1116, 4.A.2. - Bid #1130, 4.A.3 - Bid 01131, 4.A.4. - Bid 01133) The following ordinance was considered: NO. 90-116 I ~ ORDINANCE FOR ACCTING PURCHASE COMPETITIVE OF MATERIALS S,D CONTRACT EQUIPMENTo SUPPLIES OR SERVICES: PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE: AND PROVIDING FOR AN EFFECTIVE DATE. Gorton motioned, Ayer seconded to adopt the ordinance. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aya,,, Boyd "aye," and Mayor Castleberry "aye." Motion carried unanimously. j I . City of DenVon City Council Minutes r August 21, l)90 { Page 8 B. The Council considered adoption of an ordinance accepting competitive bide and providing for the award of contracts for public works or improvements. (4.A.5. - Bid r 01128, 4.A.6. - Bid #1132) The following ordinance was considered: NO. 90-117 n AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING 1 FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR 1 IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. Gorton motioned, Hopkins seconded to adopt the ordinance. on roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Gorton „aye," Ayer "aye," Boyd "aye," and Mayor Castleberry "ay,3." Motion carried unanimously. C. The Council considered adoption of an ordinance providing for the expenditure of funds for emergency purchases of materials, equipment, supplies or services in accordance with the provisions of state law exempting such purchases from requirements of competitive bids. (4.A.9. - P.O. #98813) { The following ordinance was considered: NO. 90-118 II AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, 1 SUPPLIES OR SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING FOR AN i EFFECTIVE DATE. Gorton motioned, Hopkins seconded to adopt the ordinance, on III roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Gorton llaye," Ayer "aye," Boyd "ays," and Mayor Castleberry "aye." Motion carried unanimously. D. The Council considered adoption of an ordinance authorizing the execution of a change order to a contract between the City of Denton and Jagoe Public construction, and providing for an increase in the contract price. (4.A.10. - Did #1069) The following ordinance was considered: 1 i ell- City ;r t of Denton City Council Minutes August 21, 1990 Y Page 9 NO. 90-119 AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A CONTRACT BETWEEN THE CITY OF DENTON AND JAGOE-PUBLIC COMPANY: PROVIDING FOR AN INCREASE IN THE CONTRACT PRICE; AND PROVIDING AN EFFECTIVE DATE. Hopkin9 motioned, Alexander seconded o adopt the ordinance. s; On roll vote, Trent "aye," Alexander "aye." Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Castleberry "aye." Motion carried unanimously. E. The Council considered 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. (4.A.7. P.O. 098817, 4.A.8. - P.O. #98818) The following ordinance was considered: NO. 90-120 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS: AND PROVIDING AN DATE. EFFECTIVE Gorton motioned, Ayer seconded to adopt the ordinance. On roll call vote, Trent "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Castleberry "aye." Motion carried unanimously. I F. The Council considered adoption of an ordinance 1 amending Sec. 3-14 of Chapter 3 (Airports and Aircraft) of the k Cade of Ordinances, by prohibiting the operation of ultralight i aircraft on the City of Denton Municipal Airport and within the established traffic patterns of the City of Denton Municipal 1 Airport; containing findings of facto: providing that any person violating the terms of this ordinance shall be deemed not misdemeanor more than a two up hundred conviction dollars shall be I~ any guilty Gum of ($200.03sed and providing for an effective date hereof. (The Airport Advisory Board recommends approval.) Gene Wright, Vice-Chairman - Airport Advisory Board, stated that ultralight aircraft were unlicensed and unregistered. one did not have to be a pilot in order to fly an ultralight aircraft. They were very slow and did not mix well with i f City of Denton City council minutes August 21. 1990 Page 10 r' regulation aircraft. There was a fine the City of Denton. ultralight airpark !n The Airport Advisory Board unanimously recommended approval of the ordinance for safety reasons. Council Member Ayer asked if the ordinance dealt with hot air balloons as well. Wright. stated that the Board did not recommend hot air balloons If as there were a few hot air balloon pilots in and around the area. occasionally those pilots wanted to take off and land from the Airport and the Board. Hot air a nd they made a presentation to the Airport balloon carried radios with them. pThes were registered pilots and They entered into an agreement wi hwee register by F rthe Airport de ardtto take off and land only at certain times - times which were not high traffic times. Council Member Ayer stated that the balloons were also very slow and not very maneuverable. Wright stated that they did not have to land down the runway. Council Member Ayer asked if the City could be assured that no planes would be coming in or going out at the time the hot air balloons were in the area. Wright replied that they assured the Board that that would not happen. Council Member Ayer asked how they could assure that. ' i with. hotrair balloonsY had entered Into a written agreement Council Member Ayer stated that the City could not reall ke airplanes from coming into the Airport. y ep i Wright replied yes that it depended on the conditions. Ho air k balloons were not restricted to the same patterns as fixedtwing aircraft. They did not have to taxi or enter the pattern. Ckluncil Member Trent stated that the Airport was not a private facility and he did not think a hot air balloon could be kept fi out if someone wanted to come out to the Airport and launch the craft. Wright replied that they had checked with the FAA on that question. [is felt that the City could ordinance restricting hot air balloons from the jAirport. An appeal could be filed with the FAA if such an ordinance wets passed. 1 .N / _ . . r 5 9 ' City of Denton City Council Minutes August 21, 1990 Page 11 The following ordinance was considered: NO. 90-121 AN ORDINANCE AMENDING SEC. 3-14 OF CHAPTER 3 (AIRPORTS AND AIRCRAFT) OF THE CODE OF ORDINANCES, BY PROHIBITING THE OPERATION OF ULTRA- LIGHT AIRCRAFT ON THE CITY OF DENTON MUNICIPAL AIRPORT AND WITHIN THE ESTABLISHED TRAFFIC PATTERNS OF THE CITY OF DENTON J MUNICIPAL AIRPORT; CONTAINING FINDINGS OF FACTS; 1 PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONViCTION SHALL BE FINED IN ANY SUM NOT MORE THAN TWO HUNDRED DOLLARS ($200.00); AND PROVIDING AN EFFECTIVE DATE HEREOF. Ayer motioned, Hopkins seconded t, adopt the ordinance. Mayor Castleberry stated that there was a person in the audience who requested to speak to the issue and asked Council's permission to allow the individual to speak. Council granted permission for the individual to address the issue. Scott Severen stated that he ran Lone Star Airpark, the ultralight airpark in Denton. He was also a staff member of the United Stated Ultralight Association which was the association that can the FAA approved program for registering ultralight pilots as registered pilots and also carried out the ultralight vehicle registration. He suggested that the Airport Board did not investigate the situation thoroughly enough in that there was pilot registration available and a high compliance of pilot registration for ultralight aircraft. There was also vehicle registration available. In I investigating the idea as to whether ultralights should be allowed at the Airport or not, he thought that the Airport Board would have consulted any notable figures in the ultralight community to get their input. He, being one of the foremost members of the ultralight community in the Texas area and in the United States, did not receive any such requests for information concerning the operational characteristics of ultralight aircraft. He felt that it might be discriminatory because the Airport was federally funded to keep ultralights out of the Airport if it had not been proven that the ultralights wart. a hazard, He suggested that the ordinance be temporarily tabled until it had been further discussed and thoroughly researched. Council Member Trent asked if Severen felt ultralights were safe in the Denton air pattern. Severen replied yes from what he had seen. 1 ~l City of Denton city council minutes August 21, 1990 { t. Page 12 ~ f Council Member Alexander asked Severen if he had landed his aircraft at the Denton Airport. Severen replied yes on several occasions. Council Member Alexander asked if quite a few others landed at the Airport and had there been any problem that he was aware of. Severen replied not that he was aware of. He had spoken with Joe Thompson, Airport Manager, earlier and Thompson had r_ indicated that there had been no problems since he had been the Airport Manager. Council Member Alexander asked why an ultralight would want to go into the Denton Airport. Wasn't there some danger in doing so and wouldn't an ultralight prefer to be in an airport which was designed specifically for that type of aircraft. Severen replied that generally yes it would be preferable to land at such an airport. But as a training facility it was very helpful to use the Denton Airport because of the lack of traffic at the Denton Airport. It was a good site to train students on how to mix with conventional aircraft. It was also good for his business as he had come to the Airport on occasions to pick up a customer who had flown in in his conventional aircraft. He knew of two of the fixed based operators at the Airport who had invited him to come visit them. Joe Thompson, Airport Manager, stated that the intent of the ordinance was to keep unlicensed, unregistered ultralight aircraft from commingling with the Denton Municipal Airport traffic. He and the City Attorney had researched with the FAA and that as long as an aircraft had an "N" number and the pilot was licensed, it could not be kept from any federally funded airport. The primary objective was to keep unregistered, j unlicensed ultralighte from mixing with the experienced pilots. i } Council Member Gorton left the meeting. j Council Member Alexander stated that the ordinance would not prohibit a licensed registered ultralight aircraft from landing f} at Denton. Thompson replied yes that it would not be classified as an ultralight then if it were registered. Council Member Alexander stated that it would not be in that category, Ultralights by definition were non-registered and non-licensed. Thompson replied yea. I i i i City of Denton City Council Minutes August 21, 1990 Page 13 Council Member Trent and Hopkins felt that that information shed a completely different light on the issue. Council Member Boyd left the meeting. Discussion was held as to the meaning of the designation of ,y 11ultralight" and the licensing procedures for those aircraft. eSY Council Members Gorton and Boyd returned to the meeting. Council Member Alexander asked if Mr. Severen understood the ordinance in the terms of licensing the aircraft. Severen replied that the problem was with whom the aircraft was registered. The federal regulations which covered ultralight aircraft stated that the industry needed to self-regulate through pilot registration and vehicle registration. The intent of the FAA regulation was for a community association to regulate themselves and handle the registration. Council Member Trent asked how many ultralighte landed at Denton. Thompson replied approximately 10 per year. j Council Member Trent stated that in the letter in the backup from the FAA that the "decision to limit or ban hot air balloons and ultralight traffic must be made by the City as owner of the airport" ...seemed to conflict with the recent I discussion. He asked the city Attorney if she was comfortable that the City had the authority to make that decision based on the recent discussion. I Debra Drayovitch, City Attorney, replied that she felt I reasonably comfortable. She was not saying that an ultralight f pilot might not file suit against the City because of the I\ ordinance it he were prosecuted undor the ordinance. She was not aware of any cases where the City did not have the authority. ` Council Member Trent asked if he had heard correctly that the two biggest ter nts of the airport had invited the ultraiights to the airport 1 did not have a problem with them at the airport. I Thompson replied that he did not know that for a fact. Council Member Trent stated that he was not sure that it needed to go so far for only 10 landings per year. I I I ~nsaay /arVr ~ 1 i Ao a City of Denton City Council Minutes August 21, 1990 Page 1,1 ~ r o- Wright replied that in the hearings before t_ie Airport Board, many pilots spoke and all were unanimoni in their requests that ultralight aircraft be separated from ijrmal traffic, Council Member Gorton stated that neither of the individuals mentioned at the Airport had the responsibility of a lawsuit and called the question. On roll vote, Alexander "aye." Hopkins "aye," Gorton "aye." e Ayer "aye," Boyd "aye," and Mayor Castleberry "aye." Motion carried unanimously with Trent abstaining. Council Member Gorton asked for the rational for abstaining. Council Member Trent stated that at this point, he did not have satisfied in his mind, the legal position of what the ordinance implied. 0. The Council considered adoption of an ordinance of the City of Denton approving the 1990 Appraisal Roll as certified by the Appraisal Review Board and submitted by the Denton Central Appraisal District. John McGrane, Executive Director for Finance, stated that it was a state law that the city approve the documents that the I Central Appraisal District provided the City. I j The following ordinance was considered; NO. 90-122 1 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING THE 1990 APPRAISAL ROLL AND PROVIDING FOR AN EFFECTIVE DATE. Boyd motioned, Alexander seconded to adopt the ordinance. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Gorton "aye,'t Ayer "aye," Boyd "aye," and Mayor Castleberry "aye." Motion carried unanimously. 61 Resolutions 4 A. The Council considered approval of a resolution adopting the 1991-1995 Capital Improvement Plan. (The Planning and Zoning Commission recommended approval.) I f i I E I ~ E I s nx w ~ city of Denton city council minutes August 21, 1990 Page 15 Bob Nelson, Executive Director of utilities, stated the major items for the utility CIP were a new water plant and transmission line, elevated storage, underground lines, collection system infill, booster station, infiltration/inflow, development plan for sewer lines. Anticipated bond sales would be approximately $92.5 million for the time period. Council Member Alexander asked Nelson to summarize what projects would be delayed. Nelson replied a water tower on the west side on the city. upgrade of the dispatch center, automation of the systems, asbestos on boilers were some of the projects delayed. Frank Robbins. Executive Director for Planning, presented the General Government CIP plan (1) complete projects equal to the 1986 Bond Election before adding new debt. (2) limit whichngn teW debt, carr)iedelwithconstruction new debtfour service but substantial operation and maintenance costs (NE recreation center, south side recreation center, new library, construction of a law enforcement/court complex), (9) use sold bonds and bond savings to fund health and safety CIP items related to streets and drainage and the Parks Board's highest priority, athletic field development, (5) since revenue had become problematic and long-range forecasting of revenue was also problematic, financial targets of future debt issues were not presented, and the Five-Year Schedule of CIP projects for fiscal 1996 through 2000 were withdrawn, (6) new bond elections followed by now debt issues required for funding the proposed five year plan would be for streets and drainage only. Lloyd Harrell, City Manager, stated that a summary of the General Government CIP program was one in which the four building projects authorized by the voters would be held until revenues were better. The program would carry out all of the other CIP programs that were approved by the voters in the last bond election. All of the street projects, all of the drainage projects, all of the athletic fields would be completed within the five year CIP program. After a couple of years, when all of the authorized bonds were used for streets and drainage, a limited CIP election which would only fund additional street and drainage projects but would not fund any on the other items until the four building projects were completed might be considered. ~YRY' r' IJ~ 11,, I S~ i 1 a a City of Denton city council minutes August 21, 1990 Page 16 Mayor Pro Tom Boyd stated that there were a number of promises made to the voters one of which was if the projects were approved, the City would build them and for the amount of money stated in the bond issue. One promise was kept in that by putting off the projects, taxes would not be increased to fund the repayment of the bonds. But the City was running the risk 1 of failing to live up to the other two ,romises, i.e. that the projects would be built and for the money indicated. It probably would cost much more to build the projects three to four years in the future. Robbins replied yes that they would be more expensive. Mayor Pro Tom Boyd continued that the Council was really in a dilemma. If the projects were built now, the promise would be broken not to raise taxes to fund them. If the projects were put off, they might not qet done at all or would not be able to be doe for the amount of money anticipated. aConuncil ote being stated adequate. He felt that police the building blic was the perception that in previous years they had voted for monihad es to be spent for certain projects and then later those monies were spent for some other project. The Council needed to ti sure that when the funds were spent, they were spent for the projects they were designated for. He felt that it would be valuable to buy space in the newspaper to publish a summary of how the money had been spent. The following resolution was considered: NO. R90-044 NG THE ITAL PROPOSEDU BYNT E~PLIANNING ANDA 20N NG IMPROVE COMM SSION, PLAN PROVIDING FOR AN EFFECTIVE DATE. Hopkins motioned, Gorton seconded to approve the resolution. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Castleberry " ys." Motion carried unanimously. B. The Council considered approval of a resolution authorizing condemnation of real property necessary for the construction of drainage improvements near Willow Springs Drive. Jerry Clark, City Engineer, stated that the condemnation was n eeded for the Willow Springs drainage project. The City had been in litigationnewgotiation for years was e City and was the agreement had been signed. The easement would allow the project to proceed. ~I i ' ,IIMr~ I I ~ P i~ City of Denton city council Minutes r August 21, 1990 Page 17 The following resolution was considered: 1 NO. R90-045 PROPERTY NECESSARY FOR THE CONSTRUCTION OF DRAIN.%r.E I IMPROVEMENTS HEAR WILLOW SPRINGS DRIVE; AND DECLARING AN EFFECTIVE DATE. roll vomotteioned, On Trent seconded to "aye." Hopkins resltion. ,aye." Gorton "aye." Ayer "aye," Boyd "aye," and Mayor Castleberry l." Motion carried unanimously. C. The Council considered approval of a resolution adopting a revised investment policy for the City of Denton to replace the existing investment policy. (The Investment committee recommends approval.) Harlan Jefferson, Treasurer, stated that the revised for the following reasons: policy was being recommended an update of the (1) the auditors had Treasurers Organization of Texas had reviewed the Goverment ic and felt it was not in compliance with their standards, andl( ) the staff was recommending it for improved cash management practices. The following resolution was considered: NO. R90-046 A RESOLUTION ADOPTING A REVISED INVESTMENT POLICY FOR THE CITY OF DENTON TO REPLACE THE EXISTING INVESTMENT POLICY; AND DECLARING AN EFFECTIVE DATE. Ayer motioned, Gorton seconded to approve the resolution. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Gorton "aye,ll Ayr "aye," Boyd "aye," and Mayor Castleberry "aye." Motion carried unanimously. 7. The Council was to consider approval policy regarding candidate water and sewer lines, of a reviled (The Public Utilities Board and the Planning and zoning commission recommended approval.) This item was pulled by staff. 8 The Council considered approval of a request by Forest Hill #2 Water Supply Corporation to receive a certificate of UtilitiescBoarddrecNecessity for ommended approval.) service. (The Public PPraval.) E City of Denton City Council Minutes August 21, 1990 Page 18 r Bob Nelson, Executive Director for Utilities, stated that this was an area south of Hartlee Airfield. There were about 34 homes in the area already built and already being served by a small water system. Dual certification was needed for that area so that a homeowner could sell his house. Denton had no way of serving those homes at this time and thus approved the dual certification. Alexander motioned, Ayer seconded to approve the request for dual certification. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Castleberry "aye," Motion carried unanimously. 9. Miscellaneous matters from the City Manager. Lloyd Harrell, City Manager, presented the following items: A. Monthly Budget Update - John McGrans, Executive Director for Finance, stated that last month, a comprehensive nine month report had been presented which indicated the general fund, although revenues down, expenditures would off-eet those revenues and be on target. At the end of 10 months, that picture was pretty much the same. A major concern in the revenues was sales tax as the revenues from that were off again. Expenditures would not exceed revenues by year end. B. The annual TMPA meeting would be September 13 in Greenville. Harrell requested the council to reserve the i morning if possible to attend that meeting. C. Ernie Tullos had left the hospital that morning and was doing well after his surgery. D. It was the City's turn to host the meeting with the School District. A late September/ early October date was s suggested. 10. There was no Executive Session held during the Work r' Session. 11. New Business ! The following items of New Business were suggested by Council Memb,4rs for future agendas: A. Council Member Gorton suggested a work session item dealing with census numbers as soon as the City received the numbers. i 111 i R li r~ City of Denton City Council Minutes { August 21, 1990 Page 19 12. The Council did not meet in the Executive Session during the regular meeting. With no further business, the meeting was adjourned at 9:15 p.a. BOB CASTLEBERRY, MAYOR, CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS 3295C I 1 t ~I I i ' {I l i I~ L i i CITY COUNCIL t lilt I-LLIII ! i s LLL Of p, I o ~ 0 PO GL ~ f 3 ~ 1 a k A; DATE: 10/16/90 r CITY COUNC:: REPORT "ORMAT yy TO: Mayor and Members of the Citl- Council FROM. Lloyd V. Harrellr City Manager SUBJECT: PRELIMINARY AND FINAL REPEATS INTO THE BELL PLACE ADDITION, LOTS 2-R AND 3-R, BLOCK A RECOMMION: Planning and zoning Commission recommends approval. SUMMARY1 I This is a 2.399 acre (gross) tract located between Mingo Road and Bell Avenue, north of McKinney Road. Approximately 600 feet of sidewalk will be required. This includes a portion, lot 3-R, which is currently developed. Also, a ten foot strip of right-of-way, totalling .091 acres, is to be dedicated. This achieves the appropriate right-of-way called for In the Denton Thoroughfare Plan. i BACKCkOUND: Lot 2-R is zoned single family (SF-7), and Lot 3-R is zoned planned development (PD-i0). Development is anticipated of a place of worship on Lot 2-R. Lot 3-R is the site of future garden offices. Lots 5 and 6, currently the sites of one story offices, are currently developed and will remain unchanged within the proposed Lot 3-R. The applicant will be required to construct a screening device wherever the site abuts residential property. City services and facilities, including water, gas, sanitary sewer, telephone, electrical, and solid waste, are available. The plat conforms to the minimum requirements of the Denton Subdivision and Land Development Regulations. i { a r Mayor and Members of City Council Page 2 PROGRAMS DEPARTMENTS OR GROUPS AFFECTED$ N/A FISCAL IMPACT: Ncae Resp~y~ull ub ad: Prepa d bys Llo Y. City Manager G. Owen Yost, AS Urban Planner irr' On obbi AICP Executive Dire for Planning and Development 1594o r t I 'I j I E ~I 1 3 i r y I AiO.V91t/ xru I A3WXAOM Ajwryw I n -F7 I WOW n'u I 1 k ~ t ataas~~vtyv 3 ATTACHMENT 1 i t 1 CAMUS : f s TlXA~ ~ Q Mdrln~r r wtcaoRr i i i rrF~l7ci3;~r~0{~ ZONED MF-1 ~~~r rr rii rir rr ri y ,r• er + ` { 1 - li-4D' Jo N_'134,_►~_ .a.'l5rt L01 3R W ' Il~lf ? O°z: wra of S,~ i all J i+ r N O"w 3' [ 701:90' I r I uur. ~ ~ g.. DN I Ilk, i IVY . °~'~~~l~ ~It~•i'~ Q t L1~dJ4i: R T fill Jill, i 'Mill 1< ~ r 5 ~ ~ a54~fli ~ 114e4 111 H Z S.N3WHDV1.1V 4 I ~E I pia - - - - - - - - - - - - - - - B~cc- Naae 1 r! 00.0 V10- M iy~r • - N ' i~ l+ r LOT 6 ~a L g I Lxcwoee e r r q , ~ ~I. • . I p$ to , fi I t ' = r ow H Od'DY 23• L 204:90' + n 111.4' 1 to ~I ~ A -Ir 171 AkS all ~ ~ \ R r', ~ ~ 11\\ vrnr irRerr i Ae. q1t _M+_y„ 1 lL PN 4i 1 11(11 ;,~I ;I If li EI f'fI III I!~ ~yl, i~ li I i 11 Ii Ip! I! fi I! li• ~!li lI ~ i ~ lilt 1 I ~,I!I ! I ;;I(~ I t yqI I ICI iJ iI lliJ II'1 t iJ 1J 9 IrI ((I'i'I 1 ,Il ; I I(t+l I I I(I,' 1 III} I 1 I, I, r, !~+'1 !f 1 k' if I+ 3I''!II f1 1! TS! II III 11 I I E 1 I I II I(i~ J I I d I; Ii I I IJ Il jl ~~il lJ aa tt . ~f C ~~Q~+6 • ~ II 'IIl I jlli ~ i I Ij +I ~j ; ~ 1 (I J (,I I 1 r 11. I' I I.i f • r 1 f { 1 11 ~ Iij 1 1 f f I I! Q drr~~f. ~ j!tr I Il~f f Il~f ~ If~ I f; I +(i J f i it I~ ~I li I ,I lif ',.si ~ N. Ip I I ! I I I'I~ I ! li; If f ~ ' Il h ii ail' II 1 J II II I#+. f r ~ f I i l I ,J (f b Il + , ~'iI Ilr, III ell I I I I fI r. 111 ' i f IJ I i! I, f h i fl ~ I I I I I II li IIIJ Ii L IN3WHOYLLY 1 j •e 1 (P ~ ~ A y yy 3 ~I CITY COUNCIL k tir 0~~~ E f ~ o 0 ' O ~ O N. t t } 21, i~ FCITY# ::ICOUNCIL: 44 4 • O l t o N t O~0 ~~DQOL~GG~~ XT T, MT. :777 TZ I I I wrw 11 251CL-7/•1589 s ~d 1 , NU. AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASES OF MATERIALS, EQUIPMEOT, SUPPLIES Olt SERVICES IN ACCORDANCE WITH THE PROVISIO14S OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, state law and ordinance require that certain contracts requiring an expenditure or payment by the City in an amount exceeding 10,000 be by competitive bids, except in the case of public calamity where it becomes necessary to act at once ' to appropriate money to relieve the necessity of the citizens, or to preserve the property of the city, or it is necessary to protest the public health of the citizens of the city, or in case of unforeseen damage to public property, machinery or equipment; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Council hereby determines that there is a public` calamity that makes it necessary to act at once to appropriate money to relieve the necessity of the citizens, or to 4 preserve the property of the city, or to protect the public health of the citizens of the city, or to provide for unforseen damage to public property, machinery or equipment, and by reason thereof, the following emergency purchases of materials, equipment supplies or services, as described in the "Purchase Orders{' attached hereto, are hereby approved: PIJRCHASE AMOUNT ORDER NUMBER VENDOR I 994]9_ HOLKAN BOILER WOUSe INC. _ 129,707.58 1 i SECTION 11. That because of such emergency, the City Manager or od sfgnated employee is hereby authorized to purchase the materials, equipment, supplies or services as described in the attached Purchase orders and to make payment therefore be.inn t amounts therein stated, such emergency, p being in accordance with the provisions of state law e exempting such purchases by the City from the requirements of competitive bids. 00 11 1 ' p SECTION III, That this ordinance shall become effective imme ate y upon its psssege and approval. PASSED AND APPROVED this the day of , 1990. BOB CAs,rLEBERRY, MAYOR ATTEST: JENNIFEK WALTERS, APPROVED AS TO LEGAL FORM! DEBRA ADAHI DRAYOVITCN, CITY ATTORNEY BY: 1 PAGE Two 7 FF1 DATE:OCTOBER 16,1990 r CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: PURCHASE ORDER # 99479 HOLMAN BOILER WORKS RECOMMENDATION: We recommend this emergency purchase order to Holman Boiler works in the amount of $29,707.58 be II approved for payment. SUMMARY: This purchase order is for the emergency repairs to the boiler on unit number 4 at the Municipal Power Plant. A routine boiler inspection indicated critical repairs were necessary to the boiler tubes. Due to the requirement for immediate availability of Turbine Unit #4 repair had to be made under emergency conditions. This activity was exempt from the bid process as an emergency repair. BACKGROUND: Purchase Order #99479 Holman Boiler Works and Memorandum for PUB. PFOGRAMS, DEPARTMENT OR GROUPS AFFECTED: Electric Utility Department, Electric Production Division. FISCAL IMPACT: Funds for these repairs will come from 1989-90 encumbered funds for plant maintenance 610-080-0251-8339. Respectfully submitted: ¢ Lloyd V. Harrell i City Manager Approved: i i Names Tom D. Shaw, C,P,M. Titles Purchasing Agent TS/jh 063.DOC i 1 „ f ,r ~~II 1- -0 6 5 N r W O'Qt z_ ` I g 1 m m N m W .6 r>• a rex o f, ri .4 -ri z a a, o ~ z'z ti urF -44C K' mn zn ~mt1n nn wn n n kr ~r xN tr w Za w Ow Ow O f11b►~ `r a~ asK sm n'1 1 M% nVA Om -4VA IAr Nr Nr Rt+r zr go x 10 a g o i is sa ~ c o xo mo NCgo »o »o »o fro ro b o so o woo go no o$ 0 m im Nm gr m m no xa so • P!f+ (A M ~ ro s~ a Q a r M 04C R m am Nn~ mm krm 41C 10 -41 fit m 0 A O e p, -4 ~1. 1 Ohl of 964 . • A . . . 0 Net -46 a g • w r o xrl A o r I I Z z z z 2 z z z x m , i 84 s s s s s s s s s ! ' I { 0.444 ~OR~ I S>~ • • &4 40 3b 44 r l4g r 0~'p r y, r fy`. • oM 0 t ~ ~ ~ r r a~ o r~ ro n y O i N O O N O O l~ O O O O O O O O O Y w i i V V N S S N V A,O1 ~ 10 ~ O b N a O O O O /e I { m S re p r f~ (Alm 71 w C ra C p'obW r 2 _ G off CAI 1 p flei M V QM1Af1 fmn O V 1 .vAll '"Pow n 41 9 ti VO NQ } 1 ~V b o R EXCERPT MINUTES OF PUBLIC UTILITIES BOARD September 20, 1990 . 16. CONSIDER EMERGENCY PURCHASE ORDER FOR REPAIR OF UNIT 44, BOILER. Chew made a motion to recommend to the city council approval of the emergency purchase order. Second by Laney. All ayes, no nays, motion carried. I r IF) r Qy Y r~ r• P CITY COUNCIL I ~~poaaGO ° •o~ ro 0 e e~ro k, 't4~O~~ ~D OGL ~ la 7 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A CON- TRACT BETWEEN THE CITY OF DENTON AND MARTIN K. EBY CONSTRUCTION LJ COMPANY FOR A REDUCTION IN THE CONTRACT PRI^.E; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on May 15, 1990, the City awarded a contract for the installation of the hydroelectric turbine and generator units for Lake Lewisville and Ray Roberts hydroelectric projects; and WHEREAS, the City Manager having recommended to the Council that a change order be authorized to amend such contract and said change order being in compliance with the requirements of Article , 2368a, V.A.C.S.; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the change order reducing the amount of the contract between the City and Martin K. Eby Construction, company, in the amount of Ninety-six Thousand Three Hundred Ten and No/100 ($96,330.00), a copy of which is attached hereto, is hereby approved. SECTION lU. That this ordinance shall become effective immediately upon it passage and approval. _ i PASSED AND APPROVED this day of , 1990. BOB CASTLEBERRY, MAYOR f ATTEST: JENNIFER WALTERS, CITY SECRETARY BY, { APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: f li ~ DATEtOCTOBER 16,1990 CITY COUNCIL REPORT 70: Mayor and Members of the City Council FROMt Lloyd V. Harrell, City Manager SUBJECT: BID#1068-LEWISVILLF./RAY ROBERTS HYDROELECTRIC .r,,; MARTIN EBY CONSTRUCTION CO. CHANGE ORDER #1 RECOMMENDATION: we recommend this change order in the amount of a $96,310.00 reduction in cost relating to the construction of Lewisville/Ray Roberts Hydroelectric projects be approved. E SUMMARY: On May 15, 1990 Denton approved bid niunber #1068 in j the amount of $4,271,600.00 to Martin Eby for the 4 construction of Lewisville and Ray Roberts Hydroelectric Projects. I This change order is the result of review of final contract and specifications 'by the Director, office of Hydropower Licensing, Federal Energy Regulatory Commission (FERC). BACKGROUND: Agenda material prepared by Joe Cherri, 1 Electrical Engineer for Public Utility Board. Minutes from PUB meeting of September 20, 1990. PROGRAMS, DEPARTMENT OR GROUPS AFFECTEDt Electric Utility Ii Department. FISCAL IMPACT: Revised contract will be $4,175,090.00 or 2.58 reduction. Respec ully submitted: v q L1 yd T. Harrell City Manager Approvedt Names Tom Shaw, C.P.M. Title: Purchasing Agent TS/jh 067.DOC 't t jd : r y October 16, 1990 CITY COUNCIL AGENDA ITEM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL L J FROM: Lloyd V. Harrell, City Manager SUBJ: CONSIDER APPROVAL OF AMENDMENT NO. I FOR A TOTAL COST SAVINGS OF 96,310 TO MARTIN K. EBY CONSTRUCTION CO., INC., (EBY) CONTRACT RELATING TO THE CONSTRUCTION OF LEWISVILLE AND RAY ROBERTS HYDROELECTRIC PROJECTS. RECOMMENDATION The Public Utilities Board, at their meeting of September 20, 19900 recommended for Council consideration an ordinance authorizing acceptance of the subject matter stated above. SUMMARY/BACKGROUND On May 15, 1990, Denton approved the construction contract with EBY in the amount of $4,271,600 for the installation of the hydroelectric turbine and generator units for Lake Lewisville and Ray Roberts hydroelectric projects. The City was issued Federal licenses for both projects. According to Articles 30 and 35 of the licenses, Denton shall provide the Director, Office of Hydropower Licensing, the final contract drawings and specifications at least 60 days prior to start of construction. The Director, Office of Hydropower Licensing, may require changes to plans and specifications to assure safe and adequate projects, On May 7, 1990, Denton responded to the Federal Energy Regulatory Commission (FERC) letter, dated April 13, 1990F regarding the construction plans and specifications comments which relates to the quality assurance programs by the contractor, type of backfill materials, geotextile ASTM E test methods, chemical and tensile tests for steel, soil ! parameters, geotechnical data on powerhouse walls, slope stability analysis, documentation of soil boring logs and test data, and some drawings' revision. EBY in the revised proposal is requesting a total increase of $32,965 to the contract which includes $27,949 to respond to FERC comments and $5,016 for additions by Black & Veatch such as valve operator with extension, differential pressure switch assembly and hole coring in the vault. i I dk r Y Denton is requesting a deduct of $129,275 which includes $39,991 for eliminating field painting work, and $89,284 for changing butterfly valves from carbon steel to cast iron and steel tap valves to bronze tap valves. As a result of the above, DENTON SHALL HAVE A TOTAL COST SAVINGS of $96,310. ` PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED Electric costs for water and sewer rate payers, Electric Utilit Department for maintenance and operations. FISCAL IMPACT The revised contract amount shall be $4,175,290 which is 02.25% dre in the original contract amount. Respectfully sub itte~d,~ Lloyd V. Harrell City Manager Prepared by i J er , .E I ctrical Eng i f { { Approved R. E. Nelson, Executive Director Department of Utilities Exhibit I Denton Summary Coat Table II EBY's.Proposal for Summary Costs Sheet III Change Order IV Minutes of PUB meeting of 9/20/90 V Ordinance 6855Ui9-10 y ' I r DENTON SUMMARY COST TABLE TOTAL r RAY ROBERTS LEWISVILLE CONTRACT azvzzszvszvmvaz =saaaaaazsazvaaa vaaawaa=aaaawss add deduct add deduct add deduct dG. azazsa -=x=a=s saaraa asvsassa awsass vswzsaa FERC RESPONSE($) 20,525 7,424 270949 BV ADDER($) 2,654 2,362 50016 PAINT DELETION(S) 17,106 22,885 39,991 VALVES SPEC.($) 40,031 49,253 89,284 samaamssxsaa=aasazvaaaas=awsvmasasaaaa wzaaaz zs•r assess TOTAL (S) 23,179 57,137 91786 72,138 32,965 1,19r275 - . i v 1 L 1 TOTAL CONTRACT SAVINGS($) 96,310 i i U i I j DISK 4 A:\CONTRACT\EBYAMENI.WK3 I ~ EXHIBIT r.,..,, F+JG c0 '90 ti~ab P.2/4 REQUEST FOR MODIFICATION PROPOSAL NO. 1 RAY ROBERTS HYDROELECTRIC PROJECT BLACK 6 VEATCH PROJECT 00. 10567 CONTRACT NUMBER 71.000 I. SPECIFICATION CHANGES: Page Number(s) Contract Add Contract Deduct 10-1 NIC 2A-5 N/C N/C 2A-6 118,620.00 N/C 3A-13 N/C 3A-1S N/C NN/C /C 3A-19 3A-21 NIC v NIC SA-1 $490.00 TC9-1 _ 9A-1 9A-2 9A-3 thru 9A-9 ,t 117,106.00 9A-10 thru 9A-11 9A--17 thru 9A- 4 S 9A-17 158-5 N/C NIC 168-21 NIC N/C 1586-6 N/C NIC 1566-1 N/C N/C 1SE3-1 1SF-3 w < 140,034.00 ti s1,34<.Go Y DRAWING CHANGES: I Past Number(!) Contract Add Contract Deduct 1STU-93000 N/C N/C - 1STU-S3020 N/C N/C 18SA-85041 171.00 18SA-85002 We N/C 18SA-86003 NIC NIC I ; Vli r 7WA.~ ; ' PI JJ~ ~ ~ 1 F~, } P III. EXTRA ADDS PER BLACK 6 VEATCH: t 1 - 60" BUTTERFLY VALVE 1 OPERATOR WITH EXTENSION N/C NIC i 1 - 48' BUTTERFLY VALVE OPERATOR WITH EXTENSION $2.033.C0 1 - 4' DIA. HOLE CORED THRU DECK AT EXISTINO VALVE VAULT, $144.00 i - DIFFERENTIAL PRESSURE SWITCH ASSEMBLY S477,0d TOTAL RAY ROBERTS -_--M----- $23,179.00 t $67,137.00 > TOTAL CONTRACT CHANGE PER RFMP NO, 01 < 633,98x,00 > 1 i ~ 1 I . I IM P,. II &Mwi 4 I,CAliyt~ Mq Ip MARTIN K. EBY CONSTRUCTION CO., INC, r ~ GENERAL CONTRACTORS 250GRAVEL ST, v.O. BOX 193;!7 • Fr. WORTH, TEXAS jails 811771) 594.0921 PAX 18595-0p~7 ft&UA0VftSf aw ro rnscwrr.Nr A/TWnp,/ OF ns wart„ August 14, 1990 i D Black and Veatch Engineers - Architects ` 8400 ward Parkway e` ' Cd P.O. Box 8405 Ab y~7TCsC~ Kansas City, M.saouri 64114 I/ Aid 4Ug ATTENTION: John Hollenbeck 1 B) REFERENCE: City of Denton, Texas R'°tlbr -1>L H droe l,ecre :.o Ray Roberts H ModificationProposal MpOlProjact GCi DA$ M.K. Eby Job No. 1825-4 LJC~~ Ruli4~ G.~►~~ G ENTLEFIEN i ' dews le. D,~1~~ J 12 J4 1e914~~ ~ We have,reviewed your comments on the modification proposal MP No. 1, and have made your requested changes. Attached is a summery cost sheet for both projects and the backup for the coarse granular backfill at Ray Roberts. Also attached is a list of the chemical analysis and tensile tests to be provided for the structural steel required by Robert Wood and sill Rothgeb, If you have any questions or comments, please call, i Yours Truly, Robert Jarvis Project Engineer RJ/cC cc: A.G. Rieder Brett Myers File + 1 e AA tw.,AwAUti 1.µ„A, ^ r f (QMr f 1' M.l; `LI[KJ PUG 28 '90 11:46 p,2/4 1 REQUEST FOR MODIFICATION PROPOSAL NO. 1 RAY ROBERTS HYDROELECTRIC PROJECT BUCK 6 VEATCH PROJECT NO. 10567 CONTRACT NUMBER 71.000 I. SPECIFICATION CHANOES: 1 Pegs Number(s) Contract Add Contract Daduct 10-1 N/C N/C 1A-5 N/C N/O 2A-6 $16,620.00 3A-13 N/C N/C 3A-16 N/C N/C 3A-19 N/C N/C 3A-21 N/C ; N/C 6A-1 $490.00 TC9-1 i 9A-1 r ; 9A-2 SA-3 thru OA-9 $17,106.00 9A-10 thru 9A-11 ; 9k•13 thru 9A-15 - 9A-17 i 163-6 N/C N/C 166-21 ' N/C N/C 1686-6 N/C N/C 1556-7 N/C N/0 16E3-1 , < $401031.00 > 15F-3 $1,344,00 11. ORAWINO CHANOES: Ii Pays Number(s1 Contract Add Contract Deduct 1STU-53000 M N/C N/C 1STU-53020 N/C N/C ; 18SA-56001 lT1.00 y 18SA-56002 N/C N/C 18SA-86003 N/C N/C I -imam t C REQUEST FOR MODIFICATION PROPOSAL NO. 1 LEWISVILLE HYDROELECTRIC PROJECT BLACK d VEATCH PROJECT NO. 10566 CONTRACT NUMBER 71.000 I. SPECIFICATION CHANCES: Page Number(s) Contract Add Contract Deduct -----N/C---- 10-1 N/C ✓ 2A-6 N/C N/C ✓ 2A-6 N/C I/ NIC 2E-2 N/C ✓ N/C v' 3A-13 N/C / N/C 3A-15 N/C N/C 3A-19 N/C ✓ N/C ✓ 3A-21 N/C d N/C ✓ 5A-1 TC9-1 $525.00 9A-1 9A-3 thru 9A-9 9A-10 thru 9A-14 9A-16 168-6 N/C NIC 159-20 N/C ✓ N/C 3 !3,0024 24.00 c $49,253.00 > 15F3 1 II. DRAWING CHANGES: PageNumber(s) - Contract Add Contract Deduct 111 18SA M 1001 i N/C N/C , 1STU-S3002 N/C N/C 1STU43003 !3,138.00 1BSA-95001 N/C N/J 1BSA-55002 N/C N/C ISSA-SS004 $137.00 j a j! yLr M w t , i Cwrg v, l/e. i'I. EXTRA ADM PER BLACK I VEATCH: 2 - 60' BUTTERFLY VALVE OPERATOR EXTENSION WITH FLOCRSTAHO $2,362.00 TOTAL LEWISVILLE f9_786-00-~-/ c (12,138 00 > ✓ TOTAL CONTRACT CHANGE PER RFHP N0. 0! < 162,352,00 I r i I ~ ~ f r i i X k ~ r CHANGE ORDER / CONTRACT REVISION CITY OF DENTON, TEXAS OWNER DISTRIBUTED TO: OWNER L/ CONTRACTOR 1 I BID NO. 1068 CHANGE ORDER NO: 1 PROJECT: Lewisville/Ray Roberts DATED: ADDRESSt HydroelectricCONTRACT DATE: May 15, 1990 Martin K. Eby Construction Co., inc. 1500 Brown Trail, Box 18337 Fort Worth, TX 76118 (817) 268-0514 THIS CHANGE ORDER/REVISION MAKES THE FOLLOWING CHANGES IN THIS CONTP.ACTt 1. Ray Roberts Deduction $33,958 2. Lewisville Deduction 62.352 $96,310 The Original (Contract Sum) . ......................S40271,600 Net change by previously authorized change Orders..$ 0 f The (Contract Sum) prior to this Change Order......$402710600 I` The (Contract Sum) will be (hospp~ (decreased) by this Qhange Order..* 4.o,oo4o* so$ 960310 The new (Contract Sum) including this Change Order will be ...........................54,175,290 The Contract time will be (increased) (decreased) (unchanged) by The date of substantial completion as of the date of this Change order therefore i,a may 1991 An n6nun City of Denton CONTRACTOR OWNER 901-A Texas Street ADDRESS ADDRESS Denton. TX 76201 BY BY ~ DATE DATE 08280077 EXHIBIT I ~I I i' fy P 1 V•J .V JII ♦J•Yt. ~ L111 U. 'LII VII i.11 IL_ IIU•Ji I -JGC1./ .rj M~LJ f,. ,VJ £ y~ i *•I• gyp. r i r I f~ Ex erpt ~ Minutes of Public U llities Board Meeting Septembe 20, 1990 8. CONSIDER APPROVAL OF AMENDMENT NO. 1 FOR TOTAL COST SAVINGS OF =96,310 TO MARTIN E. EBY CONSTRUCTION COMPANY INC., (EBY) CONTRACT RELATING TO THE CONSTRUCTION OF LEWISVILLE AND RAY ROBERTS HYDROELECTRIC PROJECTS. Frady made a motion to recommend to the City Council approval of Amendment No. I representing a total cost savings of $96,310 to Martin E. Eby Construction Company. Second by Chew. All ayes, no nays. Motion carried. 11 If i i 1 r 1 F.s}u t f•. i 3 Y CITY COUNCIL I a a Q o F o, till % A. 0 s ~~OCOGGQO~ f i •eauw~ Ko-. 2180L NO. _ AN ORDINANCE APPROVING AMENDMENT NO. 1 TO AN AGREEMENT FOR DESIGN ENGINEERING SERVICES BETWEEN THE CITY OF DENTON AND BLACK 6 VEATCH FOR ENGINEERING SERVICES RELATING TO THE LAKE RAY ROBERTS HYDROELECTRIC FACILITY] AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the mayor and city Secretary are hereby authorized an directed to execute and attest, respectively, Amendment No. 1 to the Agreement for Design Engineering Services between the City of Denton and Black b Veatch for engineering services relating to the Lake Ray Roberts Hydroelectric facility under the terms and conditions being contained in said agree- ment, which is attached hereto and made a part hereof. SECTION II. That the City council hereby authorizes the expenditure 0 funds in the manner and amount as specified in the Agreement. SECTION I11. That the city secretary is hereby directed to, attac'~py f the attached Amendment No. 1 to ordinance 88-90 and inscribe on the face of Ordinance 88-90 a statement that the Agreement has been amended by the adoption of this ordinance. SECTION IV. That this ordinance shall become effective im- mediate y upon its passage and approval. PASSED AND APPROVED this the day of , 1990. i 1 j BOB CAS LEBERRY, M Y R I ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: rye"~'~ J■ ~R S r 218 D'L y Y ; 1 AMENDMENT NO. 1 TO AGREEMENT FOR DESIGN ENGINEERING SERVICES BETWEEN THE CITY OF DENTON, TEXAS AND BLACK & VEATCH, ENGINEERS-ARCHITECTS DATED MAY 17, 1988 WHEREAS, on May 17, 1988 the City of Denton, hereinafter called Owner, and Black 6 Veatch, Engineers-Architects, herein- after called Engineer, entered into an agreement for the perfor- mance of professional engineering services in connection with the Lake Ray Roberts Dam Hydroelectric Project, and party,{EtheSdesigntof certain factors beond the is Project has control delayed, and WHEREAS, the Engineer has requested that the contract provi- sions relating to compensation be amended and the City has agreed to such changes; NOW, THEREFORE: W I T N E S S E T H: ARTICLE If Pursuant to Article 18.0 (Integration and Modification) of that certain Agreement entered into by and between the Owner and Engineer on the 11th day of May, 1988, Engineer and owner hereby agree: That Attachment 2.0 (Compensation) of said Agreement is hereby f amended so that it shall hereafter be and read as follows: ATTACHMENT 290 COMPENSATION Owner shall pay to the Engineer for the performance of the Services the sum of the following amounts: (1) The amount of 1.85 times payroll costs for the actual time os' office personnel applied to the services. (2) An amount equal to the actual out-of-pocket coat or standard charges for all expenses incurred by Engineer directly chargeable to the Services rendered pursuant to this Agreement. Such expenses shall specifically ` include, but are not necessarily limited to, the following: (a) Long distance telephone expenses. f av. ~ F ~I ~nu m, . Mca'a u~ a (b) Standard charges for operating time actually 1 applied to the Services of Engineer's computer center, other computer centers, and Fr,gineer's automated drafting systems. y (c) Prints, reproductions, word processing, and i printed documents at standard rates. (d) Actual costs of reasonable traveling and living expenses for personnel. (e) The actual cost paid by the Engineer to third parties. (f) Other direct expenses related to the Services. An escalation rate of not more '.han five (51) percent per year will be applied to salary costs for services performed subsequent to Decem`~:r 31, 1988. Payroll costs include actual salary plus allowances for holidays, vacation, sick leave, FICA and unemployment tares, worker's compensation insurance, and employee bene- fits including medical insurance, supplemental retirement programs, life insurance, incentive compensation, tuition reimbursements, and other miscellaneous benefits. The payroll allowance shall be fixed for the term of this Agreement at 33.83 percent of the hourly salary rate. Hourly salary rates shall be equal to the annual salary i divided by 2,080. The Engineer's fiscal month is divided into 13 four-week accounting periors, Each accounting period contains 160 hours. Engineer will submit to owner invoices for Services per- formed over a four week period. Each invoice will be sub- mitted by the tenth day of the four week period following the four week period during which such Services were performed. r Owner agrees to pay Engineer's four week period invoice within thirty (30) days after the receipt of the invoice i and to pay Engineer a carrying charge of one (1%) percent per month (twelve (12%) percent per year) or the maximum rate allowed by law, if less, on all amounts remaining unpaid after sixty (60) days following an invoice date. owner has the right to audit the time records and salaries of personnel and charges for direct expenses for this project. I PAGE 2 J X771 •rsew. F YYf4pa.. . 8sF K I, tq, 5ngineer agrees that the total amount payable by Owner for the Services shall not exceed Three Hundred Fifty Thousand Eight Hundred Eighty-Four ($350,884) Dollars for Services without prior written approval from the Owner. ARTICLE II. In all other respects, the terms and conditions of the Agree- ment, as executed by the parties on the 17th day of May, 1988 remain in full force and effect. Executer this day of s 1440, CITY OF DENTON, TEXAS li I1 BY: BOB CASELEAERRY-t MAYOR ATTEST: JENNIFER WiLTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: BLACK 6 VEATCH ENGINEERS-ARCHITECTS BY: a4le 1.e ITLE: i PAGE 3 r 6 DATEsOCTOBER 16,1990 CITY COUNCIL REPORT TOs Mayor and Members of the City Council FROMs Lloyd V. Harrell, City Manager SUBJECTS PURCHASE ORDER #84643-BLACK & VEATCH CHANGE ORDER #1 IN THE AMOUNT OF $4,884.00 xr.:k RECOMMENDATIONs We recommend approval of the change order 1 to t a Black and Veatch engineering contract relating to Ray Roberts Hydroelectric Project. SUMMARYs This charge order is in the amount of $4,884.00. It is result of a nine month delay in design completion i resulting from review of the Corps of Engineers of design and construction plans and specifications for Ray Roberts Hydroelectric Project. BACKGROUNDS Agenda material prepared by Joe Cherri, Electrical Engineer for Public Utility Boards Minutes from PUB vesting of September 20, 1990. PROGPAMS, DEPARTMENT OR GROUPS AFFECTED: Utility Department. FISCAL IMPACTS The $4,884.00 or 1.48 of the contract amount w 11 a uL,Ced from account number 624-008-0470-9203 Water Bond Funds. Respeotfully submitted: f ; Lloy V. Harrell City Manager Approved i Names Tom V. C.P.M. Titles Purchasing Agent TS/jh 065.DOC i i r, f October 16, 1990 { AGENDA ITEM CITY COUNCIL MAYOR AND MEMBERS OF THE CITY COUNCIL T0: FROM: Lloyd V. Harrell► City Manager SUBJ: CONSIDER APPROVAL OF AMENDMENT NO. 1 FOR A CHANGE IN IN THE AMOUNT OF )RDER ENGINEERING CONTRACT RELATING CONTRACT TO TERMS BLACK 6 VEATCH CHANGE T4O RAY ROBERTS !HYDROELECTRIC PROJECT. I RECOMMENDATION Of September The 1990,c Uti"ties Council at their meeting 20► recommended to the City ouncil acceptance of the subject matter stated above, SUMMARY/BACKGROUND Amendment to contract Terms: droelectr Denton aut Hy for authorize -66 May 1 oberta Dam a h for I engineering services on 00 project in the amount of 034600. effective 19, 1989, As stated in BV letter dated December internal ' ae of fiscal year 19901 BV will implemerno cost change change which necessitates a accounting amendment to the Contract. There will be NO CHANGE change, which results in E BILLABLE COST TO DENTON. This of vacation and Black & Veatc sS internal ascetableghourly billing rate holiday costs, will result in stet to 1989 activity where 1 X42.86 per hour which comp The hourly salary rates of the hourly rates varied monthly, a roll multiplier will change from $17;~' to $3?33i'sohthatythe current and shall increase from it 1990 payroll rates are the same. Chan le in Contract Amount T e C ty was seas a license gobertsh Dam Hydroelectric Commisaion for the Ra1985, According to Article , Regulatory 3939,on Mar ch 2 0 i Project No. the design and construction reservoir 28 of the license, i facilitiea► permanent and temporary excavation, shall be done in impounding and deep ect to the review and approval of consultation with and corps su j of Engineers (Corps) District the U• Texas. Engineer, Fort Worth, i 68600:1 A pew fY 9 i o- I On August 7, 1990, EV requested an increase of $4,884 to the engineering contract due to 9 months delay in project completion resulting from the Corps' review which relates to the design calculation, geotechnical investigation, surge analysis plan, plans and specifications, and operation plan. r!i The Corps' approval of the design and construction specifications is necessary before the City can issue the construction specifications for bid by February 9, 1990. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED Electric costs for water and sewer rate payers, Electric Utility Department for maintenance and operation, Legal Department, Public Utilities Board, and City Council. FISCAL IMPACT The revised engineering contract value shall be $350,884 which is 1,48 greater than the original contract. i pe fully submitted, Ll d V. Harrell City Manager Prepared i e Cherr , A i Electrical Eng Approved by / t i R. E. Nelson, Executive j Director of Utilities Exhibit: I, Black 6 Veatch letter of 8/7/90 11. Denton backup information J III. Change order # 1 IV Minutes of PUB Meeting of 9/20/90 V. Resolution f i 6860U:2 I r. f D Y _ BLACK & VEATCH 8406 Word Pori voy, D.O. Bo. No, 8405, Kansas Cory, M ssoon 64111, PQ 339.2006 1 City of Denton B&V Project 10567 ~I Ray Roberta Hydro B&V File 11.0100 Coate Increase August 7, 1990 City of Denton, Texas 1 Municipal Building 1 115 East McKinney Denton, Texas 76101 Attentions Mr. A. E. Nelson Centlemens This letter notifies the City that our costs have increased and may cause a future need to adjust the authorized upper limit. The bests for the increased coats are due to the delay in project completion resulting from the USACOE review. We estimate that the project construction and ' completion has been delayed 9 months from that assumed when the agreement was executed. We have applied a 4.5 percent escalation factor to work remaining at the USACOE review start. This results in a 44,884 increase to i our costs. We appreciate your consideration of this matter. We regret tho need to make the request, but as seen, we must do to to cover our costs. Very truly yours, I B CK 6 YCATCH David F.~6uyot mvv j ces J. A. Stack e I 1 s i ~ `1"r 4s~p 1. 4 r r BACKUP INFORMATION FOR RAY ROBERTS HYDROELECTRIC PROJECT r DATE COMMENTS _ March 20, 1989 Denton and Corps prdesign meeting disueal 1. 351 submittal-design calculation, li geotechinal investigationaponceptual +d drawings, surge analysis, preliminary powerhouse operational plan. 2. 951 submittal-final design calculations, I plans and specifications, and powerhouse operational plan. 3. 1001 submittal-as advertised plans and specifications. April 18, 1989 Denton revised Corpn' MOA (site access) to include review expenses July 31, 1989 Corps signed MOA July 31, 1989 DW+ n to Corps powerhouse stability i,d1Ct latlons, site and powerhouse i ` a. -3' gement drawings surge analysis plant I , and preliminary regulation plan, rr August 24, 1989 Denton to Corps results of transient analysis li IP k September 14, 1989 Corps reviewed plans and design analysis R ~ October 6, 1989 Corps North Pacific Division comments on III transients. November 211 1989 Denton to Corps 951 review package January 260 1990 Corps to Denton comments on operation plan j January 71, 1990 Denton to Corps response to incorporate ~ commnnts i 1 February 9, 1990 Denton construction bid advertisement ' EXHIBIT II i t i I I f' 1 CHANGE ORDER / CONTRACT REVISION r CITY OF DENTON, TEXAS OWNER DISTRIBUTED TO: ~I OW/,ER L..L/ CONTRACTOR L,/ L/ BID NO. CHANGE ORDER Not 1 PROJECT! Ray Roberts Hydroelect.DATED : ADDRESS: Black d Veatch CONTRACT DATE: May 119 1988 1500 Meadow Lake Parkway P. 0. Box 8405 Kansas City, MO 64114 THIS CHANGE ORDER/REVISION MAKES THE FOLLOWING CHANGES IN THIS CONTRACT: 1. Escalation 94,884 r~ i i ~ The Original (Contract sum) ,,,,,,,,,,,,,,,,,,,,,,,,1346,000 Net change by previously authorised Change Orders.,$ 0 The (Contract Sum) prior to this Change Order....., The (Contract sum) will be (increased) (e) =346,000 by this Change Orders,. 4,884 The new (Contract Sum) including this Change order will be,,,,,,,,,,,,,,,, 350,884 The Contract time will be (>1:AIft1f~MAlAl~ ( AfE11iAiAA (unchanged) by,,,,,,, . . . The date of substantial completion. . as of the date of this Change Order therefore is Marrh~ jgaj I As above City of Denton CONTRAC4`OR p{~g 90-1 Texas Street ADDRESS ADDRESS Denton, TX 76201 BY HY DATE DATE 08280077 e i yr P. fan n~ ~ r MB r M M M M M M M Excerpt M Minutes of Public Utilities Board Meeting M September 20, 1990 M to M M M 10. CONSIDER APPROVAL OF AMENDMENT NO. 1 FOR A CHANGE IN M CONTRACT TERMS AND A CHANGE ORDER IN THE AMOUNT OF $4,884 TO M BLACK AND VEATCH ENGINEERING CONTRACT RELATING TO RAY M ROBERTS HYDROELECTRIC PROJECT. M M Frady made a motion to recommend to the City Council M approval of subject amendment and change order in the amount M of $4,884 to Black and Veatch. Second by Chew. All ayes, no nays, motion carried. 1 i r~ M 47 1 1 p wee, r i t CITY HCOUNCIL I I Fl i a I a~~} f of to o o n S s VDU ~aCCC OG~~~ XMI: IMM11 M. MMM Y r: . i ME r~ . 4 P" yi.. i r , ' 2908L r NO. .,y AN ORDINANCE APPROVING AMENDMENT NO. 2 TO AN AGREEMENT FOR DESIGN ENGINEERING SERVICES BETWEEN THE CITY OF DENTON AND BLACK 6 VEATCH FOR ENGINEERING SERVICES RELATING TO THE LAKE LEWISVILLE HYDROELECTRIC FACILITY AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Mayor and City Secretary are hereby author zn-a directed to execute and attest, respectively, Amendment No. 2 to the Agreement for Design Engineering Services between the City of Denton and Black 6 Veatch for engineering services relating to the Lake Lewisville Fydroelectric facility under the terms and conditions being contained in said agree- { ment, which is attached hereto and made a part hereof. i SECTION II. That the City Council hereby authorizes the expen ture n, funds in the manner and amount as specified in the Agreement. SECTION 111. That the City Secretary is hereby directed to AttacTi a copy of the attached Amendment No. 2 to Ordinance 85-11 and Inscribe on the face of Ordinance 85-11 a statement that the Agreement has been amended by the adoption of this ordinance. { SECTION IV. That this ordinance shall become effective im- medtateTyv in-its passage and approval. PASSED AND APPROVED this the day of 1990. BOB CASTLEBERRYf MAYOR I j ATTEST: JENNIFER WALTERSj CITY SECRETARY f BY, i ' I APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCHO CITY ATTORNEY 1 BY: i 1 t r, Y P t 1 4 f908L' AMENDMENT NO. 2 TO AGREEMENT FOR DESIGN ENGINEERING SERVICES BETWEEN THE CITY OF DENTON, TEXAS AND BLACK & VEATCH, ENGINEERS-ARCHITECTS DATED JULY 18, 1984 WHEREAS, on July 18, 1984 the City of Denton, hereinafter called owner, and Black & Veatch, Engineera-Architects, herein- after called Engineer, entered into an agreement for the perfor- mance of professional engineering aervices in connection with the Lake Lewisville Hydroelectric Project] and WHEREAS, due to certain factors beyond the control of either parndtyp the design of said Hydroelectric Project has been delayedl WHEREAS, the Engineer has requested that the contract provi- ions relating to compensation be amended and the City has agreed to such changesr NOW, THEREFORE: W I T N E S S E T H: ARTICLE I. Pursuant to Article 18.0 (Integration and Modification) of that certain Agreement entered into by and between the Owner and Engineer on the 18th day of July, 1984, Engineer and owner hereby agree: That Attachment 2.0 (Compensation) of said Agreement is hereby amended so that it shall hereafter be and read as follows: ATTACHMENT 2.0 COMPENSATION Owner shall pay to the Engineer for the performance of the Services the sum of the following amounts: (1) The amount of 1.836 times payroll costs for the actual time of office personnel applied to the Services. (2) An amount equal to the actual out-of-pocket cost or standard charges for all expenses incurred by Engineer directly chargeable to the Services rendered pursuant to this Agreement. Such expenses shall specifically include, but are not necessarily limited to, the following: (a) Long distance telephone expenses, i i, F~ . s 1 r J Serfor vices pOfatEngineetime actually r's computer r (b) applied Standard to charges center, other computer centers, and Engineer's automated draft4ng systems, (c) Prints, reproductions, word processing, and printed documents at standard rates. (d) Actual costs of reasonable traveling and living expenses for personnel. (e) The actual cost paid by the Engineer to third parties. (f) other direct expenses related to the Services. percent per lied f`o not salaryecothan sts foreservi)ces performed year rate yea[ will be app subsequent to December 310 1988. Payroll costs include sickactual salary pluandllowanc s for holidays, vacation, leave, FICA unemployment taxes, worker's compensation insurance, and employee bene- fits including medical insurance, supplemental retirement anduother#miincentive scellaneouso b nefits. tuition 1 rorams,, life The payroll allowance shall be fixed for the term of this Agreement at 33.83 percent of the heurly salary rate. Hourly salary rates shall be equal to the annual salary divided by 2,080. divided into 13 month is The Engineer's fiscal period cont ins w160 accounting periods. / hours. Engineer will submit to owner invoices for Services per- + formed over a four week period. Each invoice will be sub- f micted by the tenth day of the four week period following the four week period during which such Services were performed. Engineer's four week period invoice the invoice 10 Owner agrees to pay within thirty (30) days after cthe harge of one (1!1 percent and pay Engineer a carrying per year) or the maximum on all amounts remaining rperate month allowe(d by twelve law, 2lif percent unpaid after sixty (60) days following an invoice date. ofns personnel and tcharges i foreditime rect r expenses and for salaries project. PAGE 2 1 Y' 11 r J F' I Engineer agrees that the total amount payable by owner for the services shall not exceed Four Hundred Fifty-Six Thousand Seven Hundred Twenty-One ($456,721) Dollars for Services without prior written approval from the owner, ARTICLE II. In all other respects, the :.erns and conditions of the Agree- ment, as executed by the parties on the 18th day of July, 1984 and Amendment No. It executed by he parties on the 19th dty of January, 1988, remain in full force and effect, I i Executed this day of , 1990. CITY OF DENTON, TEXAS BY: BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS# CITY SECRETARY i APPROVED AS TO LEGAL FORMS DEBRA ADAMt DRAYOVITCH, CITY ATTORNEY BY: BLACK i VEATCH ENGINEERS-ARCHITECTS BY: TITLE: PAGE 3 A 1 71 t 11 Au. w DATEtOCTOBER 16,1990 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROMr Lloyd V. Harrell, City Manager 'ry SUBJECTs PURCHASE ORDER #85491-SLACK-VEATCH CHANGE ORDER #2 IN THE AMOUNT OF $63,072.00. RECOMMENDATION: We recommend approval of the change order to the Black and Veatch engineering contract relating to Lewisville Dam Hydroelectric Project. SUMMARYs This change order in the amount of $63,072.00 is the result of a 21 month delay in the completion of the engineering project while the design was being reviewed by the U.6. Army Corps. comments and $9,072.00 escalation in salary cost due to the delay. BACKGROUND: Public Utility Board agenda i packet Joe Cherri, Electrical Engineer and Minutes of PUS meeting f i of Septeriber 20, 1990. s 1 PROGRAMS, DEPARTMENT OR GROUPS AFFECTEDs Utility Department. FISCAL IMPACTS The $63,072.00 or 16% of contract amount will be paid from account 623-081-RB89-0907-9203, Water Bond i Funds. Respec ully submitteds 14 1 y V. Harrelli~ City Manager s AFproveds 'izz= 1 Names Tom D. Shaw, C.P.M. TitleSPurchasing Agent TS/jh 066.DOC I 1 ~i `I Y e r October 16, 1990 ii AGENDA ITEM p CITY COUNCIL TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Lloyd V. Harrell, City Manager ws SUBJ: CONSIDER APPROVAL OF AMENDMENT NO. 2 FOR A CHANGE IN CONTRACT TERMS AND A CHANGE ORDER IN THE AMOUNT OF 63/072 TO BLACK & VEATCH ENGINEERING CONTRACT RELATING TO LEWISVILLE DAM HYDROELECTRIC PROJECT. RECOMMENDATION The Public Utilities Board, at their meeting of September 20, 1990, recommended to the City Council acceptance of the subject matter stated above. SUMMARY Amendment to Contract Terms , On July 18t 19840 the City of Denton entered into a contract with Black & Veatch for engineering services on j Lewisville Dam Hydroelectric project in the amount of $341,000. On January 19, 1988, Denton approved amendment No. 1 in the amount of $52,649 to the Black & Veatch contract bringing the total contract to $393,649. As stated in BV letter dated December 19, 1989, effective as of fiscal year 1990, BV will inplement an internal accounting change which necessitates a no cost change amendment to the Contract, There will be NO CHANGE IN BILLABLE COST TO DENTON. This change, which results in Black & Veatch's internal accounting of vacation and holiday costs, will result in a stable hourly billing rate of $42,53 per hour which compared to 1989 activity where the hourly rates varied monthly. The hourly salary rates will change from $17.82 to $17.31, The payroll multiplier will increase from 29% to 33.83% so that the current and 1990 payroll rates to Denton are the same, I Change in Contract Amount The city was issued a license from the Federal Energy Regulatory Commission for the Lewisville Dam Hydroelectric Project No, 3940, on March 27, 1984. According to Article 34 of the license, the design and construction of those facilities needed to be done in consultation with and subject to the review and approval of the U. S. Army Corps of Engineers (Corps) District Engineer, Fort Worth, Texas, I 6860U:3 I .MAN [M■e■ IS1R'r. 1 L 1 r ~ Due to 21 months delay in project completion resulting from the Corps' review, BV requested an increase of $63,072 to the engineering contract. Some of the delay resulted from the Corps' insistance of a Dentori/Dallas Agreement on operation of Lewisville and Ray Roberts Hydroprojects, but most of the delay related to the plans and specifications of subsurface investigation program review and comment on ? Denton and Corps' operating agreement; specifications on subsurface investigationj field and penstock testing and i drilling; geotechnical analysis; drawings and specification revisions. The requested increase resulted in extra work for BV which included $54,000 to respond to the Corps' f comments and $9,072 escalation in salary costs due to the ( 21 month delay, I The Corps' approval of the design and construction specifications was necessary before the City could issue construction specifications for bid in February 1990. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED k Electric costs for water and sewer rate payers, Electric 1 Utility Department for maintenance and operation. FISCAL IMPACT I The revised engineering contract value shall be $456,721 k which is 166 greater than the original contract. Res ctfuulfly mitte 3 f r~v ! i 1 City Managerrell Pre ared• i i o Cherri,.E ectrical n er ~ I Approved by: # J E. Nelson, Executive ! Director of Utilities Exhibit: I. Black s Veatch letter of 8/7/90 II• Change Order # 2 III Minutes of PUB Meeting of 9/10/90 6660U;4 E D BLACK & VEATCH 8400 Wad Parkway, PO. Bo. No. 8405, Konsot G+v, Misoun 04114,(913) 3392000 City of Denton 80 Project 10566 Lewisville Hydroelectric Project BaV File 11.0200 Engineering Services Augv.st 7, 1990 City of Denton Municipal Building 215 East McKinney Denton, Texas 76201 Attention) Mr. R. E. Nelson Centlement This letter addresses the delays which the project has experienced and their impact on our work. While we are disappointed at the multiple delays, ve are encouraged that clear sailing appears ahead. The two key delays have been the intervention by Dallas on rights to the site and head, and the protracted USACOE review. These delays have extended project completion by 21 months. They have also resulted in extra work for Black a Veatch. We have summarized the added work and its associated costs on Table L. The supporting correspondence or activity breakdown is referatnced and accompany this letter. Table 2 indicates our current contract status through Amend- ment 1. The table also indicates the costs we request to recover at this 3 time by means of a second contract amendment. We continue to defer our request with reap"t to the Dallas intervention until such time that we need the authorization. We have reduced the costa associated with the USACOE review by about 96,000 because we had included ;19000 for agency coordination in our base bid. This results in a total requested increase j of 963,072. Table 3 indicates the status of our contract with and without the requested i increase. The request just covert our projections for work remaining. We appreciate your consideration of this matter, We regret the need to make the request, but as seen, we must do to to cover our costs. Very truly yours, I BLACK a Y TCH cy F. Cuyot a Enclosure cet Mr. J. R. Stack . i r B L A C K a v E A T C M TABLE IA. USACOE REVIEW ACTIVITIES Black 6 Veatch Costs Month Salarv Expenses Activity Summary April 59864 117 Review of initial COE comments, Analysis and response. May 3,277 196 Plan and specification subsurface investi- gation, Review and comment on operating j agreement. June 5,553 276 Review and analysis of second met of COE ` comments. Sid of subsurface program. July 30074 169 Execution of subsurface contract. Continued discussion with COE on remaining issues. i August 7,682 20371 Field subsurface investigation. i Penstock investigation plan submittal. Valve control disci,ssions. i September 100090 20718 Ultrasonic inves%igation of penstock. Cootechnical (slope stability, seepage) 4 analysis and reports. October 60386 30340 Penstock drilling investigation. Ceotechnicai analysis. Drawing and specification revisions. November 1,766 1,340 Reissue to COE. Contact during COE review, December 1 418 r 621 Review COB latest comments. fff January 3,341 i 400 Incorporate final resolution of COS com- ments into drawings and specifications, Totals 480451 119546 j ! i w BLACK a VFATCH r TABLE 1. SUT04ARY OF ADDED SCOPE/COSTS Activit Cost S Dallas Intervention--Refer to Black 6 Veatch letters of September 19, 1988, and February 28, 260000 1989. USACOE Review--Refer to Table IA. 599997 Escalation June 1969 to March 1991 completion q,072 based on 4.5 percent applied to uncompleted work. l Total 101,069 i i 1 i i i i it r M { i Ile F BLACK a V CATC H TABLE 2. CONTRACT SUMMARY Original Contract $3410000 Amendment No. 1 (approved) j o Escalation--October 1986 to June 1989 completion $459656 l 0 Turbine-generator rebid 6,993 I SSl9649 $3930649 1 Amendment No. 2 (requested) 0 Dallas Intervention $ 0(1) ` 0 USACOL Review (refrr to Table IA) $54,000(2) ! i o Escalation--June 1!89 to i March 1991 Completion $ 9.072 E E ~ $63,072 $456,)21 l r1 Notes$ (')The $26,000 added costs are not included in this request. j (2)The $59,997 added toots are reduced to account for the portion of E the costs included in the base contract scope and costs, ~ I i J , fill i i ....mow ~.-.p ,O'1 k BLACK A V EATC H l TABLE 3. CONTRACT STATUS I Current Plus Current Amendment No. 2 $ $ Contract Upper Limit 393,649 456,121 Spent (through 12/26/89) f 334,322 334.322 " Remaining 59,327 122,399 `C Work Aemainingt ` CC Bid/Office Support $36,015 Field Engineer 86,360(l) : I 122,385 122,385 Projection of Final Status (63,058) 16 Noted j i {1)Includes 120 man-dayr of field support plus startup. 1 c E i 1 1 i I CHANGE ORDER / CONTRACT REVISION CITY OF DENTON, TEXAS OWNER DISTRIBUTED TO: OWNER L/ CONTRACTOR L/ DID NO. CHANGE ORDER NOs 2 pROJECT:Lewisville HydroelectricDATEDt ADDRESS:Black 6 Veatch CONTRACT DATES January 19, 1968 1500 Meadow Lake Parkway P. 0. Box 8405 Kansan City, MO 64114 THIS CHANGE C-RDER/REVISION MAKES THE FOLLOWING CHANGES IN THIS CONTRACT: 1. Corps of Engineers response $540000 2. Escalation due to time slippage 9,072 $63,072 The Original (Contract Stun) 3419000 Net change by previously authorized Change Orders..$ 52,649 The (Contract Sum) prior to this Change Order......; 393,649 The (Contract Sum) will be (increased) (dvv@ a rd) by this change order... .......................f The new (Contract Sum) including this Change Order 63,072 will The Contract.time.will.be4(increased).(~~.de~gs~a-,dj9~= 456,721 (unchanged) by . . . . . . . . . . . . . . . . . . . . . . . . . . . The date of substantial completion as of the date of this Change Order therefore is 4argk 1991 /0M b°°• City of Denton C _ FOR OW 901-A Texas Street ADDRES ADDRESS Denton. TX 76201 BY BY DATE DATE s 08280077 s i FF Excerpt Minutes of Public Utilities Board Meeting September 20, 1990 9. CONSIDER APPROVAL OF AMENDMENT NO. 2 FOR A CHANGE IN CONTRACT TERMS AND A CHANGE ORDER IN THE AMOUNT OF $63,072 TO BLACK AND VEATCH ENGINEERING CONTRACT RELATING TO LEWISVILLE DAM HYDROELECTRIC PROJECT. Chew made a motion to recommend to the City Council approval of subject amendment and change order in the amount of $63,072 to Black and Veatch. Second by Frady. All ayes, no nays, motion carried. { i 1 I I f G r, f.;.... FFF Y Y CITY COUNCIL 1 1 r C~~' G e f ti~ A I ~ sly e p0 T • 000 ~?C Gbbb I I TI: -.1Z TMI: 7' XT: MOM s COQ u I } 265IL-5/3689 /G z NO. i AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, including: items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from tt+s persons holding exclusive distribution rights to the materials; need not be submitted to competitive bids; and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HERESY ORDAINS: SECTION 1. That the following purchases of materials, equip- ment or su %rI es, as described in the "Purchase Orders" attached hereto, are ereby approved: PURCHASE ORDER NUMBER VENDOR MOUNT inlh4r GENERAL $LECTRIC $12,000.00 1 10165 GENERAL ELECTRIC 114,840.00 i SECTION 11. That the acceptance and approval of the above items shall not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by` the Purchasing Department. SECTION 111. That the City Manager is hereby authorized to execute any contracts relating to the items specified in Section 1 and the expenditure of funds pursuant to Said contracts is hereby authorized. i Ole- V- w=M i u, SECTION IV. That this ordinance shall become effective l imme$ ate y upon its passage and approval. 'V PASSED AND APPROVED this the day of ► 1990. 1 1 BOB CASTLEBERRYs MAYOR i i f ATTEST% 1 ~ ED'S-s Z;LTY`~E~~FY Ik ~ APPROVED AS TO LEGAL FORA1: DEBRA ADAMI DRAYOVIT01, CITY ATTORNEY ' J HY1 j~ I 1 1 I r WIN ofti 1 j 1 DATE:OCTOBER 16,1990 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROMt Lloyd V. Harrell, City Manager SUBJECTt PURCHASE ORDER #10164-GENERAL ELECTRIC RECOMMENDATION: We recommend this Purchase Order to General Electric in the amount of $12,000,00 be approved for payment. SUMMARYr This purchase order is for services and repair- materials to be used during an inspection of unit 04 turbine generator located at the Electric Production Plant, This service and repair should allow reliable service from this generator for two years. BACKGROUND: Purchase order 410164, Memorandum for Jim Thune, PROGRAMS DEPARTMENT OR GROUPS AFFECTED: 1990-91 funds for Electr c Product on. FISCAL IMPACTt Budgeted acct #610-080-0251-8339. I Aespec fully submitted, { I~ Llo V. 41aHarrell City Manager Prepared bye ~ Name, Dens {~rpool Title, Senior Buyer Approved, Name t Tom Title, ParchasingwAgent~M~ TS/jh 069,DOC f N Oh61 $ c_ Nn lj fpm ~O> Ow yp g h$ ~~B MN F51. O ~ P o s►r ~ t O w~ h g V o o .4 O ~ ~ 1 ro w~ F c a 6 O i I r.•... TO: Ernie Tu110s Utilities Director, Electric FROM: Jim Thuns Superintendent, Electric Production 1 I SUBJECT: Funding for unit 4 turbine/generate inspection. DATE: October 4, 1990 The attached requisitions are to fund General Electric technical services, h shop services and materials. ic elntests. A minor inspection iof unit 4 nspect theeneratorisandaperformtelectric intend to visually should allow reliable service I ; The minor inspection and electral testing for an additional two years, at which time is major inspection can be since the generator has been inspected, performed. It has been 5 years ding one cal f service f Request No. includes fun for aothree weeknperiod,sadgenerator forates r electrical testing and expenses. specialist straight time funding for shop expenses and materials that Request No. 126254 includes may result from the inspection. ;i Funding requests are estimates, and may be adjusted up or down as the inspection dictates. the r generator, and Jtypicallyywille xpedits materiels 1 information regardingpreferred inform for yobs under their direction. With your approval, I recommend that we 90 for Cou submit the recommandatlons rtva,uonhi0-09 90,1andBD oceed fornCouncicil - I Forward to Bob Bob for for his s s,+, o approval on 10-16-90. 'i X14 une + JT:flo Attachments 10049001 r • i i i i 1 1 . DATE:OCTOBER 16, 1990 CITY COUNCIL REPORT r TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager Lai SUBJECT: PURCHASE ORDER #10165 RECOMMENDATION: We recommend this Purchase Order to General Electr c n the amount of $19,840.00 be , payment, f approved for SUMMARY: This purchase order is for estimated time and expenses for a Technical Field Service Engineer and a Generator Specialist who will inspect unit 44 turbine generator located at the Electric Production Plant. This inspection and repair should allow reliable service for an additional two years. BACKGROUND: Purchase Order #10165, Memorandum from Jim Thune. i PROGRAMS DEPARTMENT OR GROUPS AFFECTED! 1990-91 funds for Electr c Pro uction. FISCAL IMPACT: Budgeted acct #610-080-0251-84339. Respect lly submitteds 4( City Ma; F 2L10ydKV. Narroll a gar i Prepared by: j 1~111el Denise Harpool Title: Senior Buyer AP ved: Name: Tom U. S a.,C`p,M, , Title: Purchasing Agent DH/jh 068.DOC i 1 w~ i 1 y ~ t i 4 ~~lo S, r m l O C X75 Wad) .0 20. l m t~i '1 7 O HaH MN MH ~ Kr a r 61 VA O b ~ ~ ON ~N 2N H N n Hu s 114 V HMO" 1 ° y cc f~ o 2 z • i • z th 1h w z Il I M ~ M V j °o . - k V n p I ~g I o $ o L. ,Y M V Z d 00 c0i °n ° i I ~n y' FF `Y C i r 1 TO: Ernie Tullos Director, Electric Utilities FROM: Jim Thune Superintendent, Electric Production SUBJECT: Funding for unit 4 turbine/generator inspection. DATE: October 4, 1990 The attached requisitions are to fund General Electric technical services, shop services and materials. A minor inspection of unit 4 generator is planned later this month, We intend to visually inspect the generator and perform electrical tests. The minor inspection and electrical testing should allow reliable service for an additional two years, at which time a major inspection can be performed. It has been 5 years since the generator has been inspected. Request No. 125255 includes funding for one technical field service engineer at straight time rates for a three week period, a generator { specialist and equipment for electrical testing and expenses. 1 I Request N^, 125254 includes funding for shop expenses and materials that Ills may result from the inspection. Funding requests are estimates, and may be adjusted up or down as the inspection dictates. General Electric 19 preferred for this work as they have proprietary information regarding the generator, and typically will expedite materials for gobs under their direction, With your approval, I recommend that we submit the recommendations to Purchasing on 10-08-90 for Council agenda. I Forward to Bob for his approval on 10-09-90, and proceed for Council approval on 10-16-90. ~llk~ -~4m une JT:flc Attachments 10049001 i f i E owl I,a T 1I 1 i 1 i I II owl 1 e . 2988L 5 Y. r ORDINANCE NO. AN ORDINANCE APPROVING A CONTRACT FOR THE CITY'S PARTICIPATION IN THE COST OF INSTALLING WATER AND SEWER FACILITIES FOR CAMPING WORLD DEVELOPMENT; AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT; APPROVING THE EXPENDITURF. OF FUNDS THEREFORE, AND PROVIDING F("i AN EFFECTIVE DATE. WHEREAS, the City of Denton wishes to enter into an agreement to participate in the cost of providing water and sewer facilities to the Camping World development pursuant to the City's policy for as 7,® 1989d NOW~,e THEREFORE, extending Resolution No. 89-019, 1 Mach water adopted by THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; SECTION I. That the City Council hereby approves the Water and ewer acility Participation Agreement, attached hereto, between the City and Camping World, Inc. to provide for the Cityle participation in the cost of providing the water and sewer facility authorized to accordance the a agrement on agreement behand alf t of the Mayor is hereby City. SECTION II. That the City Council authorizes the expenditure of funs In trio manner and amount as specified in the agreement. SECTION III. That this ordinance shall become effective imme ate y upon its passage and approval. 1990. PASSED AND APPROVED this day of 1 BOB , KAYOR j i ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: t„ DEBRA A. DRAYOVITCH, CITY ATTORNEY BY S I~ t" 2988L WATER AND SEWER FACILITY COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND CAMPING WORLD, INC. WHEREAS Camping World, Inc., hereafter referred to as "Developers' whether one or more, whose business address is P. 0. Box 90018, Bowling Green, Kentucky 42102-9018, wishes to develop and improve certain real property located in the City of Denton, Texas or its extraterritorial jurisdiction, and is required to provide such property with adequate water and sewer by designing, constructing and installing a water line of 6", 8" and 12' size and a sewer line of 8" and 10" size across the width of subject property and a sewer lift station on the southern port on of subject property, hereafter referred to as "required facilities"; and WHEREAS, the City of Denton, Texas, a municipal corporation located at 215 E. McKinney, Denton, Texas 76201, hereafter referred to as "City," in accordance with its ordinances, wishes to participate in the cost of the construction and installation of said required facilities to expand its utility system and j insure adequate utility service to other customers; NOW, THLIEFORE in consideration of the mutual promises and covenants contained herein, Developer and City agree as follows: 1. Developer shall design, install and construct: A. A sewer line of 8" and 10" inside diameter size and approximately six hundred ninety-five (6951) feet in length across tho front width of Deve- loper's property; 1 kl~ B. A sanitary sewer lift station on the southern portion of Developer's property; and C. A water line of 61', 6" and 12" inside diameter size and approximately nine hundred fifty-five (9551) feet in length across the front width of Developer's property. and all necessary appurtenances thereto, located as shown on Exhibit attached hereto and incorporated herein by reference. 2. Prior to beginning construction of the oversized facil- ities, Developer shall obtain, at Developer's sole cost and expense, all necessary permits, licenses and easements. If easements are needed, the deeds therefore obtained by Developer shall be reviewed and approved as to form and substAnce by City i w yy RrV r" s' ;i r i 1 I 1 a prior to the beginning of construction. Any easements for the y required facilities obtained by the Developer shall be assigned to City, if not taken in City's name, prior to acceptance of the required facilities, and Developer warrants clear title to such easements and will defend City against any adverse claim made against such title. 3. The City's share in the cost of the required facilities, based upon Resolution No. 90-031 of the City Council dated June 190 1990, shall be in an amount not to exceed Ninety-three 1 Thousand Dollars ($93,000.00), However, Eleven Thousand Eight alHundlocredatedSieveRenty-olfive 90-031dt pTwenty aymentC fors the$lwater.a2nd wastewater lines shall be allocated to pay additional lift station costs. City shall not, in any case, be liable for any additional cost because of delays in beginning, continuing or completing construction; changes in the price or cost of materials, supplies, or labor; unforeseen or unanticipated cost because of topography, soil, subsurface, or other site condi- tions, differences in the calculated and actual per linear feet loper ps decisionrasltontheecontrac othe rs required contractors usedvto perform the work; )r any other reason or cause, specified or ' unspecified, relating to the construction of the required facilities. 4. Within thirty (30) days of the acceptance of the facilities by the City, Developer shall submit to the City's Executive Director of Utilities satisfactory documentation evidencing the expenditures for the completion of the required facilities. Should the actual coat of the required facilities theless than he cost on which City's share of the cost shall the be City's reduced a proportionallyneon I costr f nthe foot required basis f cilitiesonande tedifference determined t cost actual for required facilities. To determine the actual cost of the ondualldr cordstofaDeveloper,aahishagents,e g employees con tr ctors or subcontractors and shall have the right to require Developer to submit any necessary information, documents, invoices, receipts or other records to verify the actual cost of the required facilities. 5. Within thirty (30) days of the data the Developer has submitted satisfactory documentation of the actual cost of the required facilities, city shall pay the Developer such amount in full, not to exceed Ninety-three Thousand Dollars ($93,000.00)0 6. All notices, payments or communicationa to be given ar j made pursuant to this agreement by the parties hereto, shall be 1 I PACE 2 J~ C i yI li NInF~ I F Y i i Y sent to Developer at the business address given above and to the Executive Director of Utilities for the City at the address given above. 7. Developer shall indemnify and hold City harmless from any and all claims, damases, lose or liability of any kind whatso- ever, by reason of injury to property or persons occasioned by saH any act or omission, neglect or wrongdoing of Developer, its officers, agents, employees, invitees, contractors or other persons with regard to the performance of this agreement, and Developer will, at its own cost and expense, defend and protect City against any and all such claims and demands. g. If Developer does not begin substantial construction of the required facilities within twelve (12) months of the effective date of execution of this agreement, this agreement shall terminate. 9. This instrument embodies the whole agreement of the parties hereto and there are no promises, terms, conditions or obligations other than those contained herein. This agreement shall supercede all previous communications, representations or agreements, either verbal or written, between the parties hereto. i 10. This agreement shall not be assigned by Developer without the express written consent of City. 11. Any and all suits for any breach of this contract, or any other suit pertaining to or arising out of this contract, shall be brought and maintained in a court of competent jurisdiction in Denton County, Texas. Executed this the day of , 1990. VMPINO WORLD, INC., OWNER i BY: ATTESTI SECKETAKY I PAGE 3 I i ' i i 10 i CITY OF DENTON, TEXAS BY; BOB CAB , MAMIE— E ATTEST: JENNIFER WALTERS, CITY SECRETARY i i BY: I f ~ y APPROVED AS TO LEGAL FORM: i DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: 1 1 i PAGE 4 i R 4 F ~yraar I f I ~ ` rsr`m.a i Irfl{ ~ , ` I ' Z4 f l^ O i w ~ > 1 a' ~rv ► rn ~o TEfIIrNE 7~I r FAOPGfTNE *?A' M ~ azn Jh ^ nn R I as of g FIIR~MYDpANT W I r , I ~74 ~ r rr r A i! •1 r , I 0 3 r~ DATE:OCTOBER 16,1990 i CITY COUNCIL REPORT TO: Mayor and Members of the City Council 'e'ROM: Lloyd V. Harrell, City Manager ` SUBJECT: HID#1136-PARTICIPATION CAMPING WORLD I RECOMMENDATION: We recommend the participation agreement between the City of Denton and Camping World, Inc. be approved in the amount of $93,000.00. The PUB recommended approval September 20, 1990. SUMMAP.Y: This participation agreement in the amount of 93,000.00 is for the installation of a portion of a 12" waterline (450 feet), 8" waterline (450 feet), 6" waterline (55 feet) and 695 feet of sewer line. Also included is a complete sanitary sewer lift station. This project will extend water and sewer facilities completely across the Camping World property and allow sufficient oversizing for future development. The total low bid for this complete utility project is $96,125.80 however, on May 23, 1990, the Public Utilities Board recommended approval of Camping World Inc., as an Economic Development candidate. The Board agreed to participate with economic development funds for water and sanitary sewer extensions to the Camping World site. The recommendation provided for: A maximum of $35,500 For water line extene'-)n A maximum of $22,500 For sewer line extension A maximum of $35,000 For a lift station or for extra depth of cuts for the sanitary sewer $93,000 Total City Participation i Cost in excess of this amount were to be provided by the Developer. The Camping World Project was approved for Economic R Development Funds by the Public Utility Board on May 23, 1990. Planning and Zoning Commission on June 13, 1990 and City Council on June 19, 1990. The Developer, Camping World and General Contractor McCarty l Construction are aware of "he price difference between the # { lowest bid $96,124.80 and the approved participation funds I $93,000.00. They have not indicated this difference to be any problem. 1 t CITY COUNCIL REPORT OCTOBER 16, 1990 PAGE 2 OF 2 BACKGROUND: Participation Agreement, Ordinance, Tabulation Sheet, i PROGRAMS, DEPARTMENT OR GROUPS AFFECTED: Citizens of .1enton, Utility Department, Camping World Inc. FISCAL IMPACTsThis participation project will be funded from Economic Development funds not to exceed $93,000,00. Respectfully submitted: Lloy Harrell City Manager Approved: TName~: om D. tles Purchasing Agent TS/jh 071.DOC ; I`F: ; JI . ~ 1 i i I r t t j y i I 1 e ~ F` H H zg ~ ~ t~ roro C b ~ O N r~i r E n M ~ y ~ ro~E HHy o °xz% 0 ~Hq z E f~ 'Aky i N a I ! u 0 C 0 0 o x 1 ox S N ~ ,tx~ C H s-3 o °x ~I i ~ t~ 3 1 W,, :b. ~OJrr Ayti~ If`` S i l 1 FN JJ73 I ~ Gip LOOP 288 PROP03ED I HEMAM ~ i poi i raw ~ PROPOSEO + RES TERN HILLS f i H AV FOH JChl1YLfR ~a S ~C IH~8IR0 WIYfRJl~Y LNIVf W 780 Y~c~a%T t~.sp t I I October 16, 1990 Q CITY COUNCIL AGENDA ITEM T0: MAYOF. AND MEMBERS OF THE CITY COUNCIL FROM: Lloyd V. Harrell, City Manager SUBJ: CONSIDER BID OPENING FOR CITY OF DENTON ECONOMIC DEVELOPMENT CANDIDATE PLAN LINE PARTICIPATION FOR CAMPING WORLD, INC. RECOMMENDATION The Public Utilities Board, at their meeting of 9/20/90, recommended to the City Council approval of the Development Candidate Participation of $29,566.50 of the allotted $35,500 for water line participation, $16,588.30 of the allotted $22,500 for sanitary sewer participation, and $35,000 of the allotted $35,000 for participation on a lift station. The total participation, would be $81,144.80 based on the Resolution passed by the City Council on June 19, 1990. SUMMARY Bids were open on August 21, 1990. The .esults of the bid opening are as follows: Low Bidder for Entire Contract + Calvert Construct on Company 291566.50 Water Line 16,588.30 Sewer Line 50,000.00 Lift Station TOTAL $ 96,124.80 i These bid prices are considered reasonable by staff. Both water and sanitary sewer lines are under the estimated and allocated amount, however, the lift station is over the { f+ estimated allocated amount by $15,000. BACKGROUND On May 23, 1990, the Public Utilities Board recommended approval of Camping World Inc., as an Economic Development candidate. The board agreed to participate with economic development funds for water and sanitary sewer extensions ! to the Camping World site. The recommendation provided for: I A maximum of 35,500 For water line extensions I A maximum of 22,500 For sewer line extensions r for A maximum of 35000 eFor a lift xtra depth stofiocuts for the sanitary sewer $930000 Total City Participation 6855U:4 l i Ile FU I Fi t t ~ RE: Bid Opening Camping World Inc. r Costs in excess of these amounts were to be provided by the Developer. On June 13, 1990, the Planning and Zoning Commission approved the request for the use of Economic Development Funds for the Camping World Project. f On June 19, 1990, the City Council approved a Resolution allowing the City to participate with Economic Development Funds in the Camping World project. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED f Citizens of Denton, Denton Municipal Utilities, Camping world, Inc, Public Utilities Board, City Council. FISCAL IMPACT 181,144.80 would be used of the 192,000 originally allocated for Economic Development participation with Camping World. The total available funds are X250,000 for water line extensions and $250,000 for sewer line extensions. j Respectfully submitted, Lloyd V. Harrell City Manager Preps ed by: L1 _ i David Ham, D r c ; Water/Wastewater ilities k r Approved by: i R. E. Nelson, Executive Director of Utilities Exhibit I Resolution 90-031 II Bid Summary III Minutes PUB Meeting of 5/23/90 & 9/20/90 } 1 ORIGINAL DOCUMENT #68480:26 4 6855U:5 Et 1 4 ~ ~r I Excerpt Minutes of Public Utilities Board Meeting September 20, 1990 ION FORO CAMPING ECONOMIC DEVELOPMENT 13. CONSIDER BID LAN OPENING LINE PAFOR CITY RTICIPAT OF CANDIDATE P INC. Chew made a motion to recommend to the City Council approval of the bid of $96,124.80 for the Denton Economic I Development Candidate Plan line participation with Camping World, Inc. to be awarded to low bidder Calvert Construction Company. Second by Frady. All ayes, no nays, motion carried. i i i 1 i k I i Ji ~I I I + I I IW 1. e P 11181HX3 ~~•^N 11NN N P,' 'i li p r m m p ^ r 11 Y Z 11 F i1 11 7 A 7 T N N 7 C m m e N i o" 11 II > N r e • N N rP>~'~ 1>~ m y •>9 > H ? .>i (~~.?q N •P~l! 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O 11 M F M i M I C M p Y Y .M.. 11 Z N 1wM f{ V .yNi~ p i as N N M N N M Il M', M p M Y pOp pO pO pO pO O O 0p1 pN ip Up 61 ~ '1' Vl qM Y O O 8 8 O S 8 O O C O N O It ~ u F 11 yG It M p ~ 11■XI1 p M` M rN. r 6 V F } MM FM~ Iry1 M 1 M• M Np N .M. ±a p► * P aNn N m a ~p1 N M Iry1 . ' w w, Ipl O O O O O O O N c M a ► ~ O 8 p u . 11 F ~ffi` ~8 8 8 8 8$ 8 8 8$ 0 8 w N M ~ h M M CN1 X1 {a~ INI pM ' n 1 M NN O N r r r r r N r N O O N p M 11y11 „p M N II N 11 N M Y1 1uG1n N 1~ M S2 j ry N pM yw~ m Np .M.. N N V i N IN „pYYp M A O S O tun iOV O N O N ± "pa ~II r 1 p8 8 8 8 8 8 8 8 8 8 8 8 8Cc I N F M M M S M N pp M I11I 1I I1 app, yp ~a! ypA Np q M X 1MM~ N tl O P O tVi. O yN p~ N N O O INI N I M8 M8 8 8 8 8 5 8 8 8 8 8 S 8~~M O O O O 1"I • M I1 I 1 I 1 D t G M I~• n q M Ito pme~ yym my~ i ° ~ m m m •p {-fir n ~ •ii PJ^.'...• q p y v ta O 70 'A w 1 S p.`~' Q? I p T 7 I ta If m p M ..iII M lZ y q M Y nn A Cl m Nd Nm O m m I.(_~ w 1 A II GO II N X !~9 W pq q11 R9 qA ~I ftl y Y p q 2 T ~rC9+ O .1 `Y •i N p 2 pN M py R C1 Mo .nbp„ pb~ 'b• I0I ~I.~y~ ~Np N p •~i y q n r CNl = 9y9 Iq 00 ~p~ S e0 p „.4~ M I so N go y Y 4 p S n In n I MF 1 .4 it II IN, - N p N If i 'V IIYII ^I M nII 'ft! ftl N N Z II Q u ° q N jj ; q 9 b ~{pC9J n y q J r N lwj m a INI yy~ 4 O X M C7 M ° S O M ~C p tnZ~ M q> M N q O N N o If N :M M Z J q C II ^I N F X N N N N rw. r N II ^7 po If It 0 p If Q~ p~ O pO O pO O uwi pH S N M ~ II p n N " S E O S O S O O C C S I q Z u N Nq q q M • II ~ N 1Np M V y N N p „ I N P on N N y w ~M . O N N p~ i pp R q N O O C O O S O ONi O p N n INj C O O F q8 q$ E$ S S 8 8 S o g o„A' N N M N r p N N If M r I,. J r r U U p_ q yNyg M ■ h IWO M U N ° g ON .C tl M i If i N! M .w. N IN F r II y p If IN, c p' I IN y O S S S S O E S C O C C is .Y, ~ ~ Y ItlI N I: N M FN ItlI ry , M w . N r M q IIIII F• r V N M p r N s Ywi r w ~ M ~ I.N. N II f y,., . O N S M pp 0 8 8 ~ Coll C ° gs s a f p ° O 8 • N N R S X 11 N ~gp... q I I II~ r r V r r r U N U O S O N K N Ijli M C' q IIII ~ ~ N N M IYI {q~ r p II ~ N fol q ~ G S S r N p~ p~ a ~ ~ ~XN ~ IINMII ~ X M pp O pO pO O C y ~I it l O O S S O O S S S S $ 07 FMrel I pI N " u r 2 M ,~i 8~ 8 8__ g.. 8 8 g 8 8 8 8 V I 1 A 1 7J k r . Receipt is hereby acknowledged of the following addenda to the oontraot docurentst Addendum No. 1 dated Received Addendum No. Z dated Received Addendum iro , 3 dated Received Addendum No. 4 dated Received Addendum No. S dated Received The undersigned understands and agrees that the ONNBA reserves the right to reiect any or all Proposals or to waive any formality or technicality in any Proposals in the interest of the ONNBR except as specifically limited by the terms o; the Contract Documents or applicable laws or Governmental Regulations. The Above Proposal Is Hereby Respectfully Submitted Byi MAIN CONTRACTOR - DA-TT-- I TAL or POSITION) h t r 9/ { 1 BUS Z0( ,1' 3 I ele h a, .R.ti ran f C y, e ~ EXHIBIT 11 r 'N r ,f nl r.s ~ •ii • ii i '$~y s (QZ• ~ .gip •il N ~ • •ii ~s.. 11 (~~I N N MSM p Qyy li !=.1 tl H 41 II 11 N. ~n Sg ►y.I tl p H 1 S ~ yy M 01 11 N p N^ F"'.n, • Il i N nn 'A ~D~ M p -1 p ■ 1~ „ D. 11 u ~ N In em F n m N ii + F N N II n u " N IN 1 N II I M y I~ !!___.N N u ug1 11 (C. 1110111 5 N IpI` N u ~ i N~ INII O M i. 11 : n 777 ' p IIIF~~' N ~i ~z I N N ~ ~~~yNµ 11 p ~ N M p N N.' ~ N ~ 1 II N m 1 q ~i u Ry IIMpII Ol 1rj g.. ~ . r ~ p " I p N N 1 Mn r tlM~ G X N u n INI N N F ■■yjM ' N~ M' ~ I p Mpl~ N i a i0., ~p1 N IN IN P N x kM r pq R p N i C N i R i Y 11 ~ i Y M r I I I ~„y+., .JNCt r r4 Receipt is hereby acknowledged of the following addenda to the contract docunentsr Addendum No. 1 dated Received Addendum No. Z dated Received Addendum No. 3 dated Waived Addendum No. 4 dated Received Addendum No. 5 dated Received The undersigned understands and agrees that the own reserves the eight to reject any or all proposals or to waiw any formality or technicality In any Proposals in the interest of the ON= except as specifically limited by the terms of the Contract Documsats or applicable laws or Governmental Regulations. 1 The Above Proposal Is Hereby Respectfully submitted eye F• MAKS 0 DAT1 CQNTFJkMVA $,W/ _ L14.31a_Lt>3 BUSINUS TlLLPNGN~ R `w~isw Cat l:.♦ a .,c.ti ~ fa o ! i CITY 11TATX 1 `IfG1..Y MA•i 11E- ]t~ . n 4 f WATBRJIAINA LIMA `A• - WATARLINB (PVC) ITAM QUANTITY UNIT PRICZ AYTBNBION 12-inch Water tin y,• s_ 148-ineh Covei) 450 Lr S 8 ' /LP S «Q B-inch Watermin (48-ineh COVer) 450 LP $ 2.i/LP S to. 8.m I 6-inch Waterline (60"ineh Cover) 55 W S LC•i /LY S (,14e. - r 12-inch Cate valve# N.J. 1 BA $ 9m ' /ZA S 4°°• 1 S-inch Cato Valve, MSJ. 1 AA S 6 a' .1SA S GeR 6-iach Gate Valve, M.J. 2 AA 1 See, ' AA 12x12x8-inch Tee, M.J. 1 SA 3n. - /BA i - i 12xl2x6-inch Toe, N.J. 1 AA S J BA f 33 3 tie. - S 2 8x8x6-inch TN, M-J. 1 =11 S /BA s•, 12-inch Plug and Block 1 AA S (7S /BA S Iii Piro Hydrant (6-inch 'r city Standard) 1 AA f 4l0. /SA. f 990. - 2-Loch Mater ServLew lap 2 AA S ao ' /BA S /Joe, - 2-inch Water ServiceiLine 120 L1 /t.P 1 TOTAL LIMA •A" WATBRLINA 1 L, S ♦6. r ` i P-= y. G i i v z Sal12TAR4 SSNBS LIDS •D" - SANITARY SSW" ("C) SRTSNSIOW GUaRTITY UNIT PRSCS ITSM 6-inch sower Plpe so L! 0-6 feat Deep S-inch Sever pipe S 77 Lf 100 L! 6-6 lest LOOP 8-in0h Sower Pies 180 Lf , 5-10 lost Deep - r 5-inch Sever pipe 333 W f 3 s. " /Lf 10-12 leet Deep to-inch Sever P1F ~ 32 L! s~----~w 10-12 lat Deep Menhole - City Standard 3 f yj~/SN (6 feet Deep) f lio, 11 Lf 0~+ L! I1 txtrl Depth Of N&Iholos S-inch Stub out, Plug 1 Bl f !Sd - ` and Block 1 t i5o _ { _ so A 1 4-inch Ssrrlos Nye (Tap} _ 4-inch 60"LOs Ll" 17 Lf S Z o Lf ion to i BA Lump SUN i r. SOr 30-inch ConMnt LLit St"Lon 1 SA Lusip Sun Trench Safety f TOTAL LUIS •D' SASITARY W" i S i P-4 I i Ole- Id i LIFT STATION SANITARY SSNSR QUANTITY UNIT PRICS SXTSNSION ITSK fG.• Furnish and inst`lalyli emp/ats and Opa Y, Including all slactricalf Mechanical, Site Preparation* l Lump Sus 6 Security Fencing, ate. TOTAL PRICS {Lines •R' and "O" and Lilt Station) L. o1i n. hl • t I 1 ' P'6 'f. 7- _7 q Receipt is hereby acknowledged of the following addenda to the contract as documents Addendum No. 1 dated Received Addendum No. 2 dated Received Addendum No. 3 dated Received , Addendum No. 4 dated Received t Addendum No. 5 dated Received The undersigned understands and agrees that the ONNSR reserves the right C to rejoct any or all proposals or to waive any formality or technicality in any Proposals in the interest of the ONNSR except as specifically limited by the terms of the contract Documents or applicable laws or Governmental Regulations: The Above Proposal Is Hereby Respectfully Submitted Syi / w g C~ O~iLC~.. w9/6t/~90 I S S Y (""NJ (TITAL or POSITION) t BUSINR °R! i j 3 P-a e i' 6r S P . WATSRNAINS LINK WATiALINS (PVC) ITYM QUANTITY UNIT ARILS EITS11dI0N 12-inch Waterlain (48-inch Cover) I 450 LP S 30~m '-Inch W&t*nl&in f (48-inch Cover) 450 L! 6-inch Waterline (60-Inch Corer) 53 LP yy J 12-inch oats Valve. M.J. 1 =~/LA I ~L 9~ i 8-inch Date Valrs, M, J, 6-Inch dots Volvo 1 . 09 1 2xl2a8-inch Tee 2 x. J. I dA 12xl2x6-inch TN / 4 00 j M.J. 1 NA 8x8x6-Inch TM, M.J. $ 4100 ---x:~ 1 j 1 EA q p /XA $ J 12-Inch Plug and Block i 1 RA s ~o /sA s ,ro i lire Nrdrant (6-loch City Standard) ~e 1 BA ae, 2-Ineh Water Service Tap 2 PA ! de0 /ZA S DO 2-lneh Water service Line 120 L► $ /LI j. O I r TOTAL LIMP, •A• WATERLINE ~ r P-3 f V r1 Lai SANITARY SZ"R LINS 'D' - SANITARY SMR (PVC) ITSM QUANTITY UNIT PRIG! B%TBNSION 8-inch S•w•r Pipe /0 0-6 foot Deep 50 Lf S/Lf ; '1o f 8-inch Sewer Pipe 100 Lf /Lf 6-8 foot Deep a-inch Sewer Pipe 8-10 feet Deep 180 Lf $ /Lf 8 s3$ ii 8-inch Sewer Pipe f0 10-12 feet Deep 333 LP SAt- /Lf S~ 10-inch Sewer Pipe #0 j 10-12 feet Deep 32 LP $ ~~/Lr M.nhol• - city Standard 06 (6 foot Deep) 3 BA $1000 /ZA s 000 0 /GI Bxtra Depth of Manholes 11 Lf $ ` 8-inch Stub-out, Plug } and Block 1 Ba $ _ Q SA $ 00 4-inch Servlc• Nye (Tap) 1 BA $ `,/SA $ 4-inch 8ervioo Line 17 Lf $ /0 /Lf $ 70 j 10-inch Connection to ~ Lilt Station 1 SA Lump Sum $ IU ~ Trench Safety 1 SA Lump Sum TOTAL LIMB 'D• SANITARY B M R 4 ZIA, s'd 8, 30 i P-4 10 ' F /lx p~ r LIFT STATION - SANITARY SSWEA ITXN QUANTITY UNIT PRIG= XXTXNSION Furnish and Install - Complete and Operable - Including all Slectricai, Mechanical, Site Preparation, A Security Fencing, Ite. 1 VA Lump Sum TOTAL PRIM (Lines "A" and "D" and Lilt Station) $ 9G, I'A4. s0 i i I S p-6 i I I Ole- ire r M Receipt is hereby acknowledged of the following addenda to the contract documental Addendum No. 1 dated Received Addendum No. 2 dated Received • c'e . Addendum No. 3 dated Received Addendum No. ♦ dated Received Addendum No. S dated Received The undersigned understands and agrees that the OMNSR reserves the right to reject any or all proposals or to waive any formality or technicality in, any Proposals in the interest of the OMNSR except as specifically limited by the terms of the contract Documents or applicable laws or Governmental Regulations. , c Is Hereby Respectfully Submitted Sys The rot.,, fJ ot.,, t~C_ ,n~ts/c~►crJ, ~,v t v NAM Of n R DATZ Y (TITAL or ) t 74 p~ i M i NUMMIR 7soz~ CITY STOLTZ sip =2 i i r I w I P-6 1 . . k MATMMINS I . LINE "A" WATERLINE (PVC) QUANTITY UNIT PRIGS ExTENSION ITEM 12-inch Waterxwin 460 LT i ~•dU/Lf (46-inch Corer) S-inch Watarmin S /4.w /Lr f 0p6 450 Lf 146-inch Corer) 6-inch Waterline (60-inch Corer) SS Lr f Z2•c>fy/Lf f b/y f 12-inch Gate Valw, N.J.. 1 EA f OP RA , f Qso.oo sA i 4 V o 1 SA S-Lnch Gate Valwr M•J• I E 37~EA f._? S°. 6-lnah Gate Valw, N.J. 2 EA 2)G / 4 sal f 2~ so th S j 12x12xS-inch Tee, M.J. I 12x12x6-Lnch Tiber K.J. I sal f Z~iOO f 1 j ~ ' atA f S. vo sA f / 3'S ~ i~ Sx6x6-inek Tee, M.J. 1 12-inch Plug and Block 1 EA S IOe~ i> fire Hydrant (6-inch I S va, a» /EA i City Standard) ` 2-inch Mater Serrioe tap 2 EA i fSo. ao SA f 3gaS7° / I ' eD Lr f r~O 2-inch Water Service Line 120 Lf = ¢ s5 ~ ~ f TOTAL LINB who 11ATSRLINS I _ l I0 . i i ' j R P-2 i t' -r r. 4"ITARY am= j LINN 'DO - SANITARY SINSR (PVC) ITZM QUANTITY UNIT TRICK NK MSIOM I • f 8-inch Sewe Pipe 0-4 Peet Deep SO LF S.IV•6+?/w $ 9LU r 8-inch sewer Pipe 6-8 Feet Dap 100 LF S S.oo /LF S_ 3, Boo 1 0-inch Sewer Pipe 8-10 Feet Deep 180 LF jEL /Lr S_ 6,84-0 8-inch $awe Pipe :wa 10-12 Feet Deep 333 LF j_ 38.00 /Lt 10-Lech $ewe Pipe r'} 10-11 Feet Deep 32 w S D.oO Li S 1. X80 'i J Manhole - City standard E (6 root Deep) 3 n s / e ymA = 31600 tetra Depth of Manholes 11 LF S (oo,eo/Lr S /0e 8-inch Stub-out, Plug , and Block I Be ~S v. oo RA S /Sb 4-lnah serviee Nye (Tay,) 1 IA S ! .s o /sA 4-inch service Line 17 Lr S 10.0p w S 340 ' 10-inch Connection to Lilt Station I IA LpAmp sun S ;_00 J 1 Trench Satetr 1 1A Lump Sun S~ si7u TOTAL LIRR •D• SANITARY SIN/R $ ,s2, 379 ' i i JIB ti J ~ i , i i, r r k 7 Y I r, I • j LITT STATION - SANITARY SMR ' ~mu~t 1 IT" QUANTITY UNIT PRICK zrMS10N furnish and Install ~ "Ir Complete and Operable - Including all tlectrlcal, Mechanical, Site Preparation," Security reneing, Ztc. 1 to Lump Sum S SOS TOTAL PN1Ct Lines "A• and '4" and L tat on) ;LL e3 ¢ ( ift t i. n) _ A M1 •r. k fII k EII f :K i it I I i F i YU ryw~ I ■{6p■ 1 MINUTES Ow PUBLIC UTILITIES BOARD May 23, 1990 z 1. CALL TO ORDER Chairman Robert LaForte called the regular meeting of the May123,U1990,iIn the Civil DeiensetRoom Sat P.M. on City Halldnesday, Board Members in Attendance ` Robert LaForte, Chairman Roland Laney ' John Thompson R. E. Nelson Mark Chew Lloyd Harrel] Kenneth. Frady Staff in Attendance Ernie Tulles David Ham Howard Martin Monty Mercer Jerry Drake- Attorney Leer Weiner Lee Allison Gay Racina Scott Lebsack Others in Attendance Bob Castleberry, Mayor World Tom Walker, Dire-,tor of Real Estate, Camping Bill McCarty, Local Builder chuck carpenter Denton Chamber C& _..,.nerce i Roy Appleton' it., Denton rChamber ofceCommerce Rob Gentry, Sharon Simonson, Denton Record Chronicle 2. CONSIDER APPROVAL OF PUBLIC UTILITIES BOARD MINUTES OF APRIL 24, 1990. Laney ma,je a motion to approve the Minutes of April 24, 1990, as written, second by Chew. All ayes, no nays, motion carried. world were in Since representatives front camping attendance, Chairman LaForte, with the the meeting, of the ' f Board members, moved item t14 forward in 14. CONSIDER REQUEST O F R DEVELOPMENT CPMENT PLAN WATER AND SEWER LINB FUNDS FOR j Nelson reviewed this item with Board. Camping world is 1-35,d north of eDenlocation of a facility in Denton on ton Regional Medical Center on property j e EXHIBIT III qtr.. ars~ A rt ~ n i H r owned cy Mr. Henderson. Mr. Henaerson nas stated he will s extend Wortnington street up through his property to r Camping world and install water and sewer lines to the property. This request is consistent with the Denton Develc;.ment Plan for balanced growth of the northwest part of the city. The cost is estimated to be $92,000 and includes $30,000 for a new lift station or deeper trench cuts that will be required. Nelson offered the following information: Camping world anticipates sales of approximately $4 million per year] there will be sales tax revenues to the city; they will employ about 20-25 people; their tax base will be $2-2.5 million. At $2.5 million x .61 cents per $100 evaluation, they will bring $13,700 per year in taxes to Denton. The debt service and return on investment will equal approximately $65,000 over a five year period. Nelson then introduced Mr. Tom Walker, Director of Real Estate for Camping World, and Mr. Bill McCarty, a local builder. Mr. Walker addressed' the Board indicating that Camping World plans to build five to six stores over the nex'; five years. He advised a promotional video was on hand for the Board's review. ' LaForte asked if the business was wholesaling. Walker advised they will be doing some wholesaling; however, this was not the primary thrust of the business. Nelson asked if the market area was only the area of Denton. Walker stated their customer base is to RV's traveling along I-35 and generally tc Texas and four to five surrounding states. The Public Utilities Board was then shown a video giving the following profile of Camping World: Camping World customers are RV owners of all ages, all incomes in a four to five state areas 2 million customer mailing list; founded in 1966 by David Garvin; offers mail order, retail, service department, offics support; owns trucks and distribution center; 20% direct marketi.ig; headquarters in Bowling Green, Kentucky; goal: to 'Improve leisure at a profit'. Discussion: LaForte asked if the Board had further questions for Mr. Walker. Walker advised that his business does not sell RV unitq or service them; they do install the items they sell which are items for RV owners. There is no pollution of the air or water and no noise problems. i - l , Page 6775U:2 a 1, i A IuMSpY , ~J Nel *J , 4441 IijpF " Laney asked if camping wor_d has definitely committed to the Denton site. walker stated that favo'rable startup tion on and tonight would have a direct bearing andhe project and the construction costs all was positive, swould the property locate in Denton. Frady asked if Camping World would hire local people or bring in most of their people. Walker stated that they would bring in the general manager and service manager and abou~rxeight imately her people boo the Garland area. The rest (app 10) u hired from Denton. Laney asked, since this project involves a water line and sewer line, what would be the time frame of getting these lines installed? He noted that until Camping world is committed to the project, it would not be proper for the Utility to install. Lee Allison stated that it will take appro~timately 4-6 months to allow for design, etc., and two to three months to construct the lines, all of which could be completed before the building could be constructed. elon t stated yea returned to the city Thompson asked if the within five years. Motion: Laney made a motion to recommend to the City Council that the staff recommendation of the not-to-exceed amounts of lift stab 5OU on orr ext a sanitary depth $ewer 0line and and 120 a lines cuts be committed to this project, contingent upon amping world's final commitment to locate in Denton, with the caveat that 'if bids received for an individual item are less that recommended, the difference cannot the used t m maximu fund another item, and any the developer. recommended per item must be borne by Second by Chew. j Vote: All ayes, no nays, motion carried. DEVELOPMENT FROM CHUCK 3. RECEIVE REPORT ECONOMIC OF COMMERCE CARPENTER OF THE CHAMBER Representatives from the Denton and amberGof ommerce product Carpenter, Roy Appleton, Jr., a on Economic Dolme at the meetin to ffice activities.pThey present update that the Chamber'slgoalnt ~ o Page 67750:3 1 S na , s 4 RECEIVED %PWN 211990 p DUPLICATE RESOLUTION NO, A RESOLUTION APPROVING THE FUNDING OF WATER AND SEWER LINES TO SERVE PROPERTY TO BE DEVELOPED BY CAMPING WORLD, IN ACCORDANCE WITH THE APPROVED GUIDELINES FOR FUNDING AND SELECTING DEVELOPMENT PLAN WATER AND SEWER LIt1ES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS-r Camping World is proposing to construct a commercial facility in the proposed Western Hills Business Park within the City of Denton and has requested the City grant incentives in accordance with the economic development policies of the Denton Development plant j WHEREAS, the Public Utilities Board and Planning and Zoning 1 Commission have recommended granting the request for city funding i of sewer and water lines to serve the Camping World site: and WHEREAS, the City Council has determined that the request by camping World meets the requirements and qualifications of the Guidelines for providing commercial development infrastructure assistance: NOW, THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON: SECTroN z That the request of camping World for city funding of water and sewer lines to serve property to be developed as a commercial facility in the proposed Western Hills Business Park, Lot 1, Block A, is apprc.,ed to the following ext`nt: (Af Th• Ciil~nLDiats~Ki11_paX ~10axi~+~~~_e so the sus°t1Qn si~_i►pp imat~y_ 300 feet of ~i ht nch e" -.water line and approximately a00 feet o! twevi FcE_(12 y~ ! water: - n r - ~ q31 B) The City of Denton will nstruct pay a max1 u o r 22,500 for tho ,QnB _gpproximbt`&I'-- '__f s10hn-( (fin) san1tary~yCeu~ a'nd a msx~3111~m o1,n 00 ore thei r a lift station or the cost of excavaE' now eig ist- To~`-3 _ ravity son ary (C) The City shall only pay the funds if Camping World develops the proposed site for a commercial facility. J' S~CTl t2, That, as permitted by the Denton Development 1 Code, C:impinq World shall be entitled to a waiver of the payment of water and sewer pro rata charges for connecting to the lines authorized to be constructed, if, at the time of the requested connection Worlds flot or tthe® particular served is beuse oforasvhich ddevelopment infrastructure assistance has been approved. r"MCHISIT IV i sECTiQZj III. That the cost of funding the approved water and sewer lines shall be paid from the funds currently budgeted for economic development purposes. I PASSED AND APPROVED this the day of , 1990. AM&Ago BOB CASTLEBERRY, MAYO I ATTEST: JENNIFER WALTERS, CITY SECRETARY I BYI APP II AS TO LEGAL FORMS DEBRA AIIAMI DRAYOVITCH, CITY ATTORNEY BY: II 69024 ` 111 June 13, 1990 11:44am ~j PAGE 2 II 1 e ~ I 1 I 1 l i 9 o- d scSn V I~j i i +H -1 1 I t 9 5 s r DATE: 10/16/90 4 r CITY TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager r SUBJ: Approval of a contract with Fred Moore Child Care Center in the amount of $28,000 to provida day care for low income families. (3MMMENDAT ION : The Human Resources Committee recommends approval. 199~IS~64~ N D : During the HSC's spring funding hearing Fred Moore Child Care requested $28,000 to continue providing quality day care for low income, working parents. ~UM_MARY: The Human Resources Committee recommended approval of the request and presented the request to City Council as part of their 1990--91 Human Services budget. On September Council approved $115,600 for human services programs. This budget specified $28,000 for Fred Moore. PROQRAM,S. DEPARTMENTS OR GRQSIPS F~ FECTEpy N/A w FISCAL IMPACjs 1990-91 Budget includes the allocation for Fred Moore. ; 1 i t pec ully su m tted: i Lloyd V. Harrell City Manager t Prepared by: Barbara Ross Community Development Coordinator . Appro ed: ' j Frank Robbins AICP Executive Director for Planning S Development i a 2rmcL fFE i ORDINANCE NO. AGREENT BETWEEN THE CITY OF AN ORDINANCE AP PROVING A DENTON AM FRED MOORE CHILD DCAREGCENTERj AUTHORIZING T:IE MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS THERE- FOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council has determined that itubtis in the ic funds best interest of the citizens of the City to provide p to Fred Moore Child Care Center, in consideration of the valuable public services to be furnished by Fred Moore Child Care Center to the e City of Denton in accordance with the "Funding Agreement" attached hereto; NOW, T THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: Council herebq approves the SECTION 1. That the City between the City o£ Denton "Fun ng raiment" attached hereto and authorises the Mayor to and Fred Moore execute said agreement, Center, SECTION II. That the City council authorizes the expendinditure of funs n t a manner and amount as specifiedin the Agreement, effective That Passage i and ordinance approvsl. anal J SECTION uIII. imme its a te 1990• li day of PASSED AND APPROVED this the j i h ATTEST: I _ f JENNIFER WALTERS$ CITY SECRETARY I 1 ' BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY .~11• ' BY: I I ' i ti f 1 1 r\ 1 2820L 1 AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND FRED MOORE CHILD CARE CENTER This Agreement is hereby entered into by and between the City of Denton, Texas, a Home Rule Municipal Corporation, (hereinafter referred to as City) and the Fred doore Child Care Center (here- inafter referred to as Agency); WHEREAS, the City's HLM.dn Services Committee (HSC) has reviewed the services of the Agency and has determined that the Agency performs an important human service for the residents of Denton without regard to race, religion, color, age or national origin, and therefore HSC recommends funding the Agency; and WHEREAS, the City has determined that the Agency merits assistance and has provided for Twenty-eight thousand and No/100 Dollars ($28,000.00) in its budget; NOW, THEREFORE, the parties hereto mutually agree as follows: 1. SCOPE OF SERVICES The Agency shall in a satisfactory and proper manner perform the following tasks: A. To provide low cost day care to low income families where both parents work. B. To provide two nutritional meals, breakfast and lunch, for the children it serves. It. OBLIGATIONS OF AGENCY In consideration of the receipt of funds from the City, Agency agrees to the following terms and conditions: A. It will establish a separate bank account for deposit of the Twenty-Eight Thouoand and No/100 ($28,000.00) Dollars paid to the Agency by the City and the only expenditures from this account, until such tine as said funds are exhausted, shall be for those expenses listed in the scope of services as provided for herein. Agency sball not commingle funds received from other sources in this account and shall not utilize these funds for any other purpose. B. It will establish, operate, and maintain an account system for this program that will allow for a tracing of funds and a review of the financial status of the program. \`t prp ' r. I Y f; C. It will permit authorized officials for the City of Denton to review its books at any time. R D. It will reduce to writing all of its rules, regulations, and policies and file a copy with the City's Executive Director if Finance or his authorized representative along with any amendments, additions, or revisions whenever adopted. E. It will not suvriter into any contracts that would encumber the City funds for a perioc' that would extend beyond the term of this Agreement. F. At the discretion of the City, the Agency mey be required to refund the balance of the special account to the City of Denton at the end of the Agency's fiscal year. G. It will promptly pay all bills when submitted unless there is a discrepancy in a bill; any errors or discrepancies in bills { shall be promptly reported to the Executive Director of Finance or his authorized representative for further direction. H. It -rill appoint a representative who will be available to most with the Executive Director of Finance and other City ; officials wren requested. 1. It will indemnify and hold harmless the City from any and all claims and suits arising out of the activities of the Agency, its employees, and/or contractors and save and hold the City harmless from all liability, including costs, expenses and attorneys fees, for or on account of, any claims;. audit excep- tions, suits, or damagus of any character whatsoever resulting in whole or in part front the performance or omission of any act of any employee, agent or representative of the Agency. J. Each year, it will submit to the City a copy of its year-end audited financial statement. I III. TIME OF PERFORMANCE The services funded by the City shall be undertaken by the Agency within the following time frame: October 1, 1990 through September 30, 1991. IV. METHOD OF PAYMENT A. Payment by the City for services provided hereunder will be made as follows; provided, that Agency shall request said pay- ment by letter addressed to: City of Denton 110 Test Oak, Suite E, Denton, Texas 762019 Attn: Community Development Coordinator: I I ~p 1 e Y i 1 5 , 1990 y a 2,333.3? on or after November 1 990 2,333.3'1 on or after Decemberls'1991 2,333.39 on or after January 2,333.39 on or after February 19 1991 3a 2,333.39 on or after March 1, 1991 2,333.39 on or after April 1 1991 12 333,39 on or after May 1, 11991 991 2,333.39 on or after June 1, 2,333.39 on or after July 1, 1991 , 2,333.39 on or after August 1 1991 2,333.39 on or after September 1, 1991 B. It is expressly understood and agreed that in no event ty- Eight Thousand hereunder exceed thetmaximum lBug of total the services bed paid the and No/100 Dollars ($28,000.00) for all of t- rendered. It is expressly understood that this contract in no way obligates the General Fund or any other monies or credits of the City of Denton. C. The City shall ther btb4nb thin Agency forabpaymente oftany contract to any party goods or serv ces. monies or proviLion of any g , V. EVALUATION The Agency agrees to participate in a caampbement continuouglyation and the services 11 mo t he Agency whereby monitored. . The Agency +grees to make available its finaacia records for review by the City at the City $@ discretion. In addition the Agency agrees to provide the City the following data andfor reports: A. All external or internal audits. Agency shall submit a cop of the annual independent audit to City within ten (IM days of receipt. 8. All external or internal evaluation reports. , C. Quarterly performance reports to be submitted in January, April, July and September, to include the following datat 1. Number of children served each month. in program. 2. Income level of families participating financial statements to Cie D. Agency shall submit quarterly in January, April, July, and September. oblig•tions and bt steal include •xPbnlances~ income, outstanding and ending mow i" F j{ v i ' V1. DIRECTORS' MEETINGS During the term of this Contract, the Agency shall deliver to the City copies of all notices of meetings of its Board of Directors, setting forth the time and place thereof. Such notice shall be delivered in a timely manner to give adequate notice, and shall include an agenda and a brief description of the matters to be discussed. Agency understands and agrees that City representatives shall be afforded access to all Board of Director's meetings. .4 1 Minutes of all meetinga of the Agency's governing body shall be submitted to the City within ten (10) working days of approval. VII. SUSPENSION OR TERMINATION The City may suspend or terminate this Agreement and payments 1 to the Agency, in whole or part, for cause. Cause shall include but not be ;invited to the following: A. Agency's improper, misuse, or inept use of funds. f B. Agency's failure to comply with the terms and conditions of this agreement. r C. Aggency's submission of data and/or reports that are incor- rect or iacomplate in any material respect# or D. Appointment of a true He, receiver or liquidator for all or a substantial part of the Agency's property, or institution of bankruptcy, reorganisation, rearrangement of or liquidation proceedings by or against the Agency. E. If for any reason the carrying out of this agreement is rendered impossible or infeasible. f In came of suspension, the City shall advise the Agency, in writing, as to conditions precedent to the resumption of funding 1 and specify a reasonable data for compliance. r ! In case of teraination, the Agency will remit to the City any unexpended City funds. Acceptance of these funds shall not constitute a waiver of any claim the City may otherwise have arising out of this Agreement. j VIII. EQUAL OPPORTUNITY A. Agency will submit for City approval a written plan for compliance with the Equal Employment and Affirmative Action Federal provisions, within one hundred twenty (120) days of the effective date of this Contract. 1 F r Ir I a 1 l s i B. Agency shall comply with all applicabtc equal employment opportunity and affirmative action laws or regulations. I C. Agency will furnish all information and reports requested by the City, and will permit access to its books, records, and i accounts for purposes of investigation to ascertain compliance with local, state and Federal rules and regulations. D. In the event of the Agency's non-compliance with the non-discrimination requiremenri, the Contract may be cancelled, the City; and the Agency may torminatedo or suspended in further contractb wh,)Ie or in part, be barred IX. CONFLICT OF INTEREST A. The Agency covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Contract. The Agency further covenants that in the to of this Contract, i no person having such interest shall be employed or appointed as a member of 1.6 governing body. B. The Agency further covenants that no member of its governing body or its staff, subcontractors or employees shall possess any interest in or use his position for a purpose that is or gives the ap earance of being motivated by desire for private gain for himsel , or others; particularly those with which he has family, busineas, or other ties. C. No officer, member or employee of the City and no member of its governing body 46 exercises any function or responsi- bilities in the review or approval of the at rt akin as or decision out of this Contract shall (1) pareiciP relating to the Contract which affects his personal interest or the interest in any corporations partnership, or association in ~ which h has interests direct i or c indire:t aitac this tContract ror( the hproceedave thereof. a X. NEPOTISM Agency shall not employ in any paid capacity any person who is a member of the immediate family of•any person who is currently employed b Al , or is a member of Agency's governing board. The term member of immediate family" includes: wife, husbands eon daughter, mother, father, brother, sister, in-laws, aunt, unc~e, nephew, niece, step-parent, step-child, half-brother and half-sister. i f IN WITNESS WHEREOF, the parties do hereby affix their, s gna' Lures and enter into this Funding Agreement as of the day _ LA CITY OF DENTON, TEXAS I BY: ' I~ ATTEST: JENNIFER WALTERS, CITY SECRETARY BY ' APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH$ CITY ATTORNEI' i I BY: s i FRED MOORE CHILD CARE CENTER t ATTEST: . BY: , w.nw I 1 natal f Vf i P r(~N l t or L i I 1 i i j I a Jill I 1D CITY of ORNTONg TAMS 215 E. MCKINNEY1 DENTON, TEXAS 762011 TELEPHONE (817) 568.8200 S t MEMORANDUM ~ j DATE: October 11, 1990 TO: Lloyd V. Harrell, City Manager FROM: John F, McGrane, Executive Director of Finance SUBJECT: 1990-91 FEE ORDINANCES 1 1I Please find at ached two (1) remaining fee ordinances pursuant to I adoption of the City's 1990-91 Budget. These ordinances are to be { considered for adoption by the City Council on October 16, 1990, f These Ordinances provide for the following increases in fees. M I I FEE OLD RATE NEW RATE j _ AUTO POUND STORAGE FEES $10 00/DaY $12.50/Day ~ DEMOLITION PERMITS o, Residential Structures 5.00 10.00 Commercial Structures 5.00 50.00 MMcD:af Attachments ` S469F ,i r t; f f ti X . r NO. AN ORDINANCE AMENDING ARTICLE V OF CHAPTER 24 "TRAFFIC" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS BY AMENDING SECTION 24- 131 (0) (2) TO PROVIDE A REVISED STORAGE FEET REPEALING SECTION 24- 131(12) REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That Chapter 24 "Traffic" of the Code of Ordinances of the City of Denton, Texas is hereby amended by amending Section 24-131 (c) (2) a. "Impoundment of standing or Parked Vehicles", j which said section shall hereafter be and read as follows: Sec. 24-131. Impoundment of standing or Parked Vehioles. (c) (2) storage feest a. Cars, pickups and motorcycles, twelve dollars and fifty cents ($12.50) per day I after forty-eight (48) hours. SECTION II. That Section 131(12) "Impoundment of Standing or 1 Parked Vehicles" of Article V of Chapter 24 is hereby repealed in its entirety. 3 SECTION III, That if any provision of this ordinance or application thereof to any person or circumstance is held invalid by any court, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares that it would have enacted { such remaining. portions despite any such invalidity. SECTION IV. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND :APPROVED this the day of , 1590. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BYt APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: 4 i aet~3 , i I i , E i i I f a i I ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 5, ARTICLE I (BUILDING CODE) OF THE CODE OF ORDINANCES OF THE CITY OF DENTON TO PROVIDE FOR AMENDMENTS TO SECTION 5-3, BY AMENDING THE 1985 UNIFORM BUILDING CODE THERETO TO PROVIDE FOR DEMOLITION FEM REPEALING ALL ORDINANCES IN yet. CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; J SECTION I. That Section 5-3 of Article I of Chapter 5 of the Code of Ordinances of the City of Denton, Texas is hereby amended to provide a new subsection (7) providing for permit fees, which said subsection shall hereafter be and read as follows: i Section 5-3. Deletions and Amendments. (7) Demolition Permits No demolition permit shall be issued unless the applicant has paid the E fallowing fee: For residential structures.... 6.0,0 $10.00 For commercial structures 50.00 SECTION II. That if any provision of this ordinance or application thereof to any person or circumstance is held invalid i by any court, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares that it would have enacted such remaining portions despite any such invalidity. i gECTION III. That this ordinance shall become effective j immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1990. i BOB CASTLEBERRY, MAYOR ATTEST; JENNIFER WALTERS, CITY SECRETARY BYI APPROVED AS TO LEGAL FORMi DEBRA A. DRAYOVITCH, CITY ATTORNEY I BY: it i r fir, fi w i f .I r r CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM. Lloyd V. Harrell, City Manager SUBJECT: Myrtle Street Abandonment "P RECOMMENDATION: Approve ordinance abandoning and vacating a portion of Myrtle street located between Daugherty and Locust streets; Reserving a utility and drainage easement. SUMMARY: Myrtle street is a narrow and substandard street section. It connects with Locust street at an undesirable angle and steep grade. As part of the Eagle Point Shopping Center Development review, the scenario to close this street was chosen. i BACKGROUND: The area between South Locust at Fort Worth Drive, Eagle Drive, and IH3-E has remained intact in the last several years. I Exception being that of the mini warehouse and office complex k on Ft. Worth Drive. Several alternatives for street improvements and closings have j ` been studied in conjunction with the Eagle Point Shopping , Center Development. The Planning and Zoning Commission l j unanimously recommended this action At its September 12, 1990 1 meeting. PROGRAMS, DEPARTMENTS, OR GROUPS AFFECTED: 4 Engineering and Transportation Department (Street Division) and neighboring property owners. i FISCAL IMPACT: Cost to erect a barricade at the Daugherty street intersection, z i 0773E i s ~pae:- Dew re / J N i n.rx r r i ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS ABANDONING AND VACATING A PORTION OF MYRTLE STREET LOCATED BETWEEN DAUGHERTY STREET AND LOCUST STREET AS A PUBLIC STREET; RESERVING A UTILITY AND DRAINAGE EASEMENT THEREIN; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Traffic Safety Commission and the Planning and zoning commission have reviewed the staff recommendation to abandon and vacate a portion of Myrtle Street and recommended a portiun of said street be closed as it is of no benefit or use to tha public; and WHEREAS, a public hearing was held on November 7, 1989, in order to give notice to the public of the proposed abandonment and vacation of a portion of Myrtle Street from Daugherty Street to South Locust Street; and WHEREAS, the City Council of the City of Denton, acting pursuant to law, deems it advisable to abandon and vacate the herein described tract of land and is of the opinion that the f portion of said tract is not needed for pubic use as a street and that same should be abandoned; NOW, THEREFORE, i THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: I j gECTION I. That the 60.0 feet wide public street right-of-way I I of Myrtle Street, extending from the south line of Daugherty Street 1 I to the intersection of Myrtle Street with the northwesterly right- of-way line of south Locust Street, as more particul,.-ly described in Exhibit "A", attached hereto and incorporated herrA n by refer- ence, is abandoned and vacated as a public streetr provided, how- ever, that there is hereby expressly reserved and excepted from vacation and abandonment for the property so described, a utility easement for the purpose of constructing, reconstructing, repair- ing, and maintaining underground utility and drainage lines and facilities therein. SECTION II. That by operation of law, the City of Denton's I property interest in the street right-of-way herein abandoned and vacated shall revert to the abutting property owner, whether one or 4 more, and the City of Denton hereby releases all claims to the use of the property for street purposes. I SECTION III. That this ordinance shall become effective immediately upon its passage and approval. i ~ 'i I~ 1 }l S w i PASSED AND APPROVED this the day of ' 1990. i BOS CASTLEBERRY, MAYOR i i i i ATTEST: j JENNIFER WALTERS, CITY SECRETARY ; BY: I l APPROVED AS TO LEGAL FORM: I DEBRA A. DRAYOVITCH, CITY ATTORNEY nn ~ l' _ If BY i i I { ~ I E P `Y i999(y E EXHIBIT 'A' Ai,L that certain lot, tract, or parcel of land situated in the Alexander Hill Survey A-623 Denton County, Texas and being that part of Myrtle Street in the City of Denton, Denton County, Texas that runs from the south line of Daugherty street to the intersection of Myrtle street with the northwesterly right-of-way err line of South Locust street (a 60.0 ft. wide street) and being more particularly described as follows] BEGINNING at the northwest corner of the 'First Tract' shown by deed to Richard M. Selby, dated December 1976, recorded in Volume 817, Page 662 of the Deed Records of Denton County Texas and also being in the east line of Myrtle street; THENCE south with the west line of said Selby tract and passing his most southerly corner to a point that is 60.0 ft. northwest of and perpendicular to the northwesterly right-of-way line of the T. b P.R.R. Corrpany; THENCE southwesterly across Myrtle street to a point where the northerly line of Locust street intersects the west line of Myrtle street said point of intersection also being an angle point in the most easterly line of a tract shown by deed to Sunrise Enterprises, recorded in Volume 2679, Page 386 of the Real Property Records of Denton County, Texas; I THENCE in a northerly direction with the east line of said Sunrise Enterprise tract a distance of 211.27 to its northeast corner and also being the aoutheaFt corner of Village office Park as shown and recorded in Cabinet D, Page 14 of the Plat Records of Denton County, Texas] THENCE in a northerly direction with the east line o: said Village Office Park a distance of 406.58 ft. to its northeast ! corner and being in the south line of a tract shown by deed to Persia J. Ludlow, recorded in Volume 2554, Page 303 Real Property Records of Denton County Texas; THENCE in an easterly direction with the south line of said Ludlow tract a distance of 4.0 ft. to its southeast corner; THENCE in a northerly direction with Ludlow's east line to the point of intersection with the extended south line of Daugherty etreet; THENCE in an easterly direction with the extended south line of Daugherty to the Place of Beginning. ,I I l 1 + 1 I WO~IN ! Y 5 t JY~{1L ® ~ 111 ! ~~ST, COf. CINl lT. T I !N' ! !!►'r O t ® h ~ w 3 i DJ f 1 ►u• 1. 61/.: ~ v'. 1 J ; y0 pesos, ® ^ © f vfll N !y { 6MIe4 ► , k 1' cC~ t A • M,J► 01 YSMrRTY AT. 3 1: do 61 old. AIN at Ir 1, Q~' y do, 1.1,,1. ? III-Of, ® 1 J.11 Tosb o Sol* ~ ® Abandoned' t•,' x1..114 ti 1 or. 14 Al At ' l• W r IA 14 4. .•,.1 y S lNMAIU 1T [ ® W k 4 f ~ JNA/1I j a ~ b ~ 04 N {i 1 r `!(FeF 1 fIP,~♦ Pl2 4lnutes September 12, 1990 Page 2 The area around the parking has already grown in and needs to be mowed, Except for the entrances, the entire site will be turned back into grass. They are extremely anxious to get the site cleaned up. It his been cleaned up some since the slides were taken. The ppL n is to level the hill Is so there will not be any more holes on the site. He has put up "No trespassin and "No dumping" miens. There his been some illegal I'u Ins, He does not know if another postponement Is necessary but he would like to settle the bond issue and verify the revegetation cost figures. The Commisaton could vote on the Issue at their next meeting, Xs. Brock asked how long mining will continue on the site. Mr. Coe repplied about 3 years. They are extracting cushion sand used In foundations. There is not ouch demand In the building industry right now. The biggest sale was for the overpass by Boeing. The operation has become drawn out because of the economy alow down. He hops it will be completed In leas than three years. The removal of the material pays the mortgage on the property. Other than the fact the land needs to be cleaned up, It has no value. It will have to be leveled at some point to allow development. Ma Brock asked why the site Is considered undisveloptblo. Mr. Coe answered that the hill elevation Is 66S. The road is around uOO. That is a 60 foot rise. The property is j toned light Industrial and a lot of the material there Is f saleable. The lowering of the grade increases the value of the property and makes it more usable. Mr. Glasscock asked if any material has been removed from the highest point of the hill. Mr. Coe said that there is a cut throw h the hill. It may have one through the highest point. ~n question, he said that n had thought the site ylan was okay. He can get the necessary elevations. The holes shown on the plan are In the approximate locations. They are not drawn out foot by foot. They have water in them and he is not sure' how to determine the depth. The atoms below finished grade will be filled In. i No one was present to speak In favor or opposition to the petition. RECOMIENDATIONi Mr. Yost stated that staff recommends i I denial. i 11 DISCUSSION AND DECISIONi Mr. Engelbrccht asked when Mayhlll Joint Venture was informed of the requirements for a specific use permit. 1 Mr. Yost said that they were Informed last summer. Chair closed the public hearing. Mr, Engelbrccht stated that the cue hat one on for a time. It has taken up the Staff and Comelosloo's time, TAe Information requirements were given to the pmtitioner some time ago, He moved to deny the request for a specific use 1 permit by Mayhill Joint Venture. Seconded by Ms. Frock and unanimously carried (S•0). Ill, Consider a recommendation to abandon a portion oA to 14# Strosofrom its Intersection with locust Strut to Daugherty. r i r G 1 IF/ 1^ i h a ` P82 Minutes September 12, 1990 Page J Mr. Salmon stated that the letter to the Commission in their packets eglslns the situation. They have discussed it before. The abandonment is in conjunction with the Eagle Point plat. All of the property In the area has access to other streets. There is one drive approach In the portion of the street to be abandoned, but it does not appear to be in use. Mr. Samson asked if the neighborhood had any objections. Mr. Salmon said that there were none to thl s scenarlc. Mr. Glasscock asked how the property will be divided. Mr. Salmon replied that an equal portion would be elven to the owners on each side of the street. The City will retain an essement equal to the width of the street. Albertson's will be putting up a barrier to block the use of the street. Ms. Brock stated that when the Commission toured the area, they concluded that Myrtle was a street In name only. It was moved by Mr. Glasscock, seconded by Mr. legman, and unanimously carried (S•0) to recommend approval of an abandonment of a portion of Myrtle Street. IV. Consider a recommendation to abandon an easement which is located near the intersection of Hl hway 360 and Cooper' Creek Road, an property owned by U 9tySloan. Mr. Salmon stated that the easement was originally a Texas E Power and Light easement. It was Iven to the Clty In 1970. All It had in it wee electr c service to a house which has since been demolished. The service line has also been removed. The City no longer puts aervlce lines In e a esents. Safety Sleen now owns the property. Ms. Brock moved to recomaend approval of abandonlaf the i e a ement located near the intersection of Highway 380 and Cooper Creek Road. Seconded by Mr. Engelbrecht and unanlmoar.y carried (5•0). E V. Consider a recomeondatloy Eox.the ex hems of property between Seyed Mohammed lowl Wheel and the City of Denton f along the east side of Carrell Blvd. and north of soon Road. k!f Mr. Salmon reported that Itr. H+sheml approached the EnoineerinI Department with the proposal for the property k exchange. The swap will be for equal amounts of land except for four square feet. Staff views this es a win•win 3 situation. The City gets more usable parkway along Carroll and the wilt owner at% amore re ular shaped property that will be easier to levelop on. T,a property is on the east side of Carroll. Ms. Brock asked what the City will gain from the exchange. Mr. Salmon sold that the City will retain the same amount of right-of-way. There is now only a narrow strip barely wide enough for a sidewalk. It is only a rocket of right-of-way. The exchange will provide a more usable rlghtiof•way for the installation of utilities or sidewalk. It will he easier to do and more away frog the street, it was moved by Mr. gamm+n, seconded by Mr, Enjelbrocht, and unanloouily carried (S•0) to recommend approv+ of the exchange of property between Seyed Moh mead Bsgher Hasheal and the City of Denton, "Olr -V y r,r` ~I Ir I Ilia on I 1 .1 111 4 ~ rz atb i ~ r { { r i i i 1 1 l ~~[etr> M114~ l i f t 2 r. P 1 [ 1 1 CITY COUNCIL REPORT FORMAT T0: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Nottingham Right-of-Way Dedication RECOMMENDATION: Approve ordinance accepting Nottingham street right-of-way dedication by Denton Bible Church s SUMMARY: Denton Bible Church has agreed to dedicate this street right of way following several months of meetings and discussions concerning the alignment of the street through their tract. BACKGROUND: This section of Nottingham street between University Drive (U.S. 380) an9 Mingo Road was included in the bond election approved by the voters in 1986. The City Engineering & Transportation Department will be 1 designing the street with the co W ruction performed by an I independent contractor awarded the ntract through the competitive bidding process. ` j Specific items addressed with the church are listed in the attached letter from Jerry Clark, Director of Engineering & Transportation to the church. a PROGRAMS, DEPARTMENTS, OR GROUPS AFFECTED. 1986 Bond Program, Engineering and Transportation - Street Division FISCAL IMPACT: Funds from the 1986 Bond Election desilinated for this street will be utilized. After the one year maintenance bond expires, required from the II contractor, the City (street division) will be responsible for I, its perpetu,ll maintenance. j { P ORDINANCE NO. AN ORDINANCE ACCEPTING A TRACT OF LAND, AS SHOWN IN THE DEDICATION DEED EXECUTED BY DENTON BIBLE CHURCH, ATTACHED HERETO, FOR STREET AND UTILITY PURPOSES; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY CRDAINSI SECTION 1. The City of Denton, Texas, accepts the dedication of a tract of land for street and utility purposes; as offered by dedication deed executed by Denton Bible Church, dated September lo, 1990, a copy of which is attached. gr.CTSON Ii. That the ordinance shall become effective immediately upon the passage and approval. i I PASSED AND APPROVED this the _ day of 1990. t I BOB CASTLEBERRY, MAYOR ATTESTS JENNIFER WALTERS, CITY SECRETARY I' M r APPROVED AS TO LEGAL FORMS DEBRA A. DRAYOVITCH, CITY ATTORNEY BY E 1 9 ~r F i CERTIFICATE OF CORPORATE SECRETARY OF' DENTON BIBLE CHURCH I, BRAD DAVIS, the undersigned corporate sa:retary of DENTON BIBLE CHURCH, a Texas non-profit corporation, do hereby certify that at a regular meeting of the Board of Elders of DENTON BIBLE CHURCH held on September 4, IM, at Denton, Texas, the following action was taken "by the Elders, as follows: BE IT RESOLVED, that RAY MCFARLANE, the duly elected Chairman of the Board of Elders, be and is hereby authorized and directed to execute a street dedication for the right-of-way of Nottingham Street to the City of Denton, Texas, conveying the property described in the dedication, a copy of which Is attached hereto as Exhibit W and Incuiporated herein for all purposes. I farther certify that the above and foregoing action was taken by unanimous consent of the Board of "Iders of DENTON BIBLE CHURCH, a quorum being present. I further certify that such action was taken pursuant to the Articles of Incorpor2don and duly adopted By-Laws of DENTON BIBLE CHURCH in effect as of the ftto of such action. Further, the Board of Elders of DENTON BIBLE CHURCH is the governing Board of the corporation. i i DATED this i _ day of September, 1990. DENTON BIBLE CHURCH i BY atf r BRAD DAVIS, Secretary of Board of Elders E i y,l 3 f i STREET DEDICATION THE STATE OF TEXAS COUNTY OF DENTON That Denton Bible Church, hereinafter known as Grantor, for and considaration of the mutual advantage to accrue to the Grantor , and the City of Denton do by these presents dedicate to the use of the public and the City of Denton, Texas, for the purpose of streets and utilities the followir.g described propccty, to-wit: ALL that certain lot, tract, or parcel of land in Denton County, Texas in the William Lloyd Survey A-773 and being part of two tracts shown by deeds to Denton Bible Church recorded in volume 2145, Page 138 and Volume 2495, Page 675 R.P,R, BEGINNING at the northeast corner of said Denton Bible Church ,~ract recorded in Volume 2145, Page 1381 THENCE south 180 41' 00" east with the easterly line of said Bible Church Tract and passing an iron pin set at 240.0 feet and continuing a distance of 643,56 feet to an iron pin set for a corner at the P.C. of a curve to the right whose radius is 540.0 feet and central angle is 61. 28' 42". THENCE with said curve a distance of 579.42 feet to an iron pin set at the P.R,C, whose radius is 460.0 feet and central angle is 51' 44' 01"1 THENCE with said curve a distance of 415.35 feet to an iron pin { set at a flare point! THENCE leaving said curve in a non-tangential direction of south 606 $3' 48" east a distance of 65.48 feet to an iron pin sets THENCE north 690 19' 25" east a distance of 472.16 feet to an iron pin set in the easterly line of the Denton Bible Church j Tract recorded in Volume 2495, Page 675, R,P.Re; 1 THENCE south 180 41' 00" east with the easterly line of the last mentioned Denton Bible Church Tract 16,62 feet to an iron pin found at its noutheast Cotner in the existing northerly right-of-way of MSi,ao Road; THENCE south 690 19' 25" west with the existing northerly right-of-way of Mingo Road 809.04 feet to an iron pin found near a fence corners. ,ooe !r 1 r , THE STATE OF TEXAS COUNTY OF DENTON On this day of~m der , 1990, before me ro k:e , the undersigned Notary Public, persona y appeare , personally known to me (or Proved to eaa on t e as s o Satisfactory evidence) to be the person who executed the within !nstrument on behalf of the trust and acknowledged to be that the t ustee executed it. Notary u c, tat* o Accepted this the day of 1990. i 3 CITY OF DENTON, TEXAS BYs 808 AS LEBERRY# MAYOR E JENNIFER W ALTERS, CITY SE R AR CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORMi DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON$ TEXAS j SYS I i I A740 f PAGE 3 i 1 I THENCE north 00 43' 43" ea3t with the westerly line of the last mentioned Denton Bible Church Tract 17.84 feet to an iron pin sett i THENCE north 69" 19' 25" east a distance of 150.94 feet to an iron pin set at a flan, points THENCE north 270 41' 56" east a distance of 15.28 feet to an iron pin set at the P.C. of a curve %o the rights THENCE with said curve whose center is north 790 18' 11" east 540.0 feet and central angle is $3' 29' 31" a distance of 504.15 feet to an iron pin set at the P.R.C.t THENCE with said curve whose radi,js is 460.0 feel and central angle in 610 28' 42" a distance of 493.58 feet to an iron pin set at the P.T, of said curvet THENCE north 180 41' 00" west a distance of 403.56 feet to an iron pin set at the P,C, of a curve to the left whose radius is 500.0 feet and central angle is 60 30' 001 THENCE with said curve a distance of 56.72 feet to an iron pin set at the P,A.C.j THENCE with said curve whose radius is 500.0 feet central angle is 16. 17' 30", a distance of 142,17 feet to an iron pin set at a flare points THENCE north 59' 25' 04" west a distance of 71.84 feet to an iron pin set in the southerly right-of-way of U. So Highway 380 in a curve to rights THENCE with said curve, whose radius point is south 130 $5' 3f " east 3,679,72 feet and central angle is If 500 200, a distance of 126.61 feet to the Point of Beginning and containing 3.5195 acres of land. The recitation of consideration herein la for the purpose of providing consideration as required by law to cause this dedication to be effective and binding on all parties hereto, This dedication does not in any way enhance the value of any other property now owned by said Grantors. TO HAVE AND TO SOLD the hereinbefore described property to the public and the City of Denton, Texas for streets and utilities forever. WITNESS our hands this the L day of --2~c~r Gtr , 1990. Dent Bible i PAGE 2 r FJ1 CITY of DENTON 1215E. McKinney I Denton, Texas 76201 I August 90 1990 vexF Ray McFarlane Denton Bible Church 1910 E. University Denton, Tx. 76201 Dear Mr. McFarlane: The following is an outline of the commitment between City of Denton and Denton Bible Church regarding the Nottingham project. This commitment is based on out discussions and your letters dated April 27 and April 28. 1990. I 1. The City of Denton will be constructing all paving and drainage improvements from U.S. 380 to Mingo Road. Drainage details are covered in Item 2e No assessments for paving or drainage improvements will be levied on Denton Bible Church. 2. The City of Denton will provide collection of storm waters from the church property at the point of curve reversal approximately 600 feet north of Mingo Road, The system will require a drainage easement (151) to reach the southeast corner of the tract. This route keeps the pipe away from the small crest just east of the Nottingham connection to Mingo. J 34 The City of Denton will provide 3 each 24' wide curb cuts with 10' radii to church properties. These will be loc.tsd as shown in the attached drawings The locations are within the parameters stated in Items 3 and 4 of the July 28 letter. 4. Sidewalks foe Phase I of the Denton Bible Church de4elopment will be at the church's expense. The connection from the phase cornet to Mingo will be completed by the Citye This is necessary to avoid sidewalk damage during church construction activities. The City of Denton will complete all the above described improvements, as per oat discussions and negotiations, to obtain the described Nottingham right of way, The document enclosed is to inaure that complete and correct data has been provided. Please advise if you need further information. Sincerely, r E i J y c peso Engineeg Tech Supervisor 3 I 0904E i , 2 1 Ivy^.1 1 ~I A ` 4E~fl"u+++~~~ - • - •a:s . oars ~_ra~o .~lr ~ Poll~li fili If • ' \ 1 r1 t f i ' I Y RRR ' ,J { M1 fr: 1 11111ml loll 11-F iffolmli Omni-. I l i. 1 } r h . October lb, 1990 It CITY COUNCIL AGENDA ITEM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Lloyd V. Harrell, City Manager j If SUBJECT: CONSIDER AN ORDINANCE Oi THE CITY OF DENTON f VACATING A PUBLIC UTILITY EASEMENTi AND DECLARING AN EFFECTIVE DATE. EASEMENT ABANDONMENT T.P. & L. CO. SERVICE LINE EASEMENT (SAFETY KLEEN REQUEST) RECOMMENDATION The Public Utilities Board, at their meeting of September 20, 1990, and the Pi Z, at their meeting of September 12, 19901 recommended that the City Council approve the abandonment of the above-referenced easement. A Consideration should be a nominal value (application fee) since the facilities have been removed, the easement is not needed and the City Electric Department does not require easements for elective service lines. SUMMARY/BACKGROUND r, The City of Denton electric department obtained this easement along with several other easements, electric distribution and service line facilities from Texas Power and Light Company in 1970 (see assignment and easement attached). The easement in question was for an electric service line to a house location on the tract presently owned by safety Kleen Corporation. f The house and electric service facilties have been t removed to accommodate the expansion of their existing plant as shown on the attached site plan. I PROGRAMS, DEPARTMENTS, OR GROUPS AFFECTED Would not affect any programs, department or groups. Existing service has previously been removed. f i 1a v ~ e I t r i f, FISCAL IMPACT I ? Safety Kleen expansion will produce cbe additional iincreasedntax to the City. S base and utility useage. i ( 4SP V. Har[ell City Manager Prepared by:, 0 , c Oon Agent Approved 1 R. Ne son, Execut ve D rector f Department of Utilities 1 Location Map EXHIBIT: II Ordinance III Minutes PUB Meeting IV Minutes P62 Meeting 6855U:8-9 { f I ~ s Y i {}I t i f w. l R Y i i 4j ~OVIA/61 VR r ASS IOMMW Of UJIURMH 8911 Tm STATi Of TZW X Kmv AIL M BY TDIBB PRRS:MPS COVMR Or DSMPOM C TRAT VZOL A/, by Bill of Sala of evoa date herewith MU POWU h LIGBT COMPANY, a Tex" corporation, has sold t`r and delliared to the CITY Or DRXPOR, TRW, a municipal cor- poration, certain electric Ila" and related facilities in the City of Denton, Denton County, Texas; and T9UZU, it is the desire of Texas Power h Light Company' ' to convey to the said City of Dentos, Tern, all easements which it has covering the lines and equipment so MWj T'DDIRICRB, for and in coosideratiom #.f Tea Dollars ($10.00) and other good and valuable considerations to it in hand paid, receipt of which is hereby achgowledged, Texas power h Light Coop" hereby sells, nsigse, transfer* and conveys unto the City of Destoe, Texas, its successors and W igas, all those certain saieieats and rights-of-way de- scribed bereia by same of grantor, date of exeastiou and volume and page where rsoorded is the Deed Sscords of Denton County, Texas, to-wits of Regard is Denton Contii Deed Meerds Orsstor Date 2998 FM Ilex Diable 8-23-44 337 431 A A. Pittman, et ux 11-27-44 334 398 John 0. Duasam, et ux 9-14-40 443 333 C. A. Butler 2-19-43 421 5" i. O'. MRr. 3-Iwmr,,, ` 4W 031 C. W. Bbllsy, 6f ux• 3-18-46 89!" g r. D. Bi■boy 4-13.68 323 296 b s George tang:, at us 10-29-68 332 614 TO BAR AND TO MD the above described Property unto the City of DeatOs, Tess its suesessers and "signs, foraveri and Tex" rower h Light Cosysmy hereby warrants that it irrt the larful owner Of said PrOPerty, that the sans is free and ~ clear of all lien and 000021branees, and that TOMAS POTer h Light Caepsq will sanest and defend forever, all and singular t ' a a l t I s 1.' 7r r, 73 the said property unto the City of Denton, Text, its sue. , censors and "signs, against every parson whomsoever lawfully f claiming or to claim the saes or may part thereof, by, through Lad under it but not otherwise. C RX ICUTID this 20th day of March , 1970, ; E '~1 TRUB PMw a LIGST COW*n By ' ATMT: Vice en1 " v • macrovary Tex STATS Of TS><AS ] COMrff Of DALLAS ] Sao" US the wade~sI }atborit , om this day por- squally appsared _1/. ,E rkt 3-t . %uows to as to bo, Of porous 110 9111361, eel "l~TL~• scribed to the foregoing instrument and achaowlect"d to me that the same woo the act of the said TEXAS LM7WU & LIQU COIWAXT, a corporation, aid that he executed the sass %a the 1 act of such oorpontiom gar the purposes amid comsidelation. 11 therein express", sad is the uapaaity therein stated, OI141i vlWt SAM AND BILL OI► ONTICS this the % /Il,a c , 1970, dal be i q 1 j County, Texas i r v i ~r 1 1. 1, NS1Di~ i r r BILL 01 SALIC THIN STATIC Oi TH)IAa 1 avlosi ALL lax BY THICaH PHICSICIfra; us f COMM Or DICIrm 1 That Timm POwn 6 LIGHT COMPANY, a Texas corporation, for and in consideration of Tea Dollars (:10.00) Lad other good and valuable consideration to it in hand paid by the CITY OF DiNTON, TLXU, a municipal corporation, the receipt { and sufficiency of which In hereby acknowledged, has granted,, sold, conveyed, transferred, assigned and delivered, and by thou presents does grant, 8e11, convey, transfer, assign and deliver unto said City of Denton, Texas, certain 7,200-120/240 volt electric distribution facilities located in the City of Denton, Texas, consisting of but not ltsitod to approxi- mately $3,800 feet of wire to primary Sad secondary conductors, 96 poles, 61 services and all appurtenances foralng a part of or appertaining to said distribution facilities being Curt wr s described as fallow me i SWIMMING at and Lac ding a pole located ap- proximately 100 tut *A. ; and 300 foot north of the intersection of Tomas A %cific 8ailroad tracks and Interstate Highway 393; ad extoodiag is an easterly i direction approximately 36 test to a pole; tbeaco is a southerly directio ipproximtoly 195 feet to a deadead pole; includis, all laterals and services. MIMING AGAIN at a pole located on nortbweet side of Highway 377 approximately 2600 foot south- west of the northwest corsor of the intersection of ■ibbway 377 sad IN 2161 Lad extending in a southerly i direction approximately 766 feet to a Vol*; bginaing again at said beginaleg pole and extending in as easterly direction approximately 350 feet to a polo; Including all services Lad laterals, MINNING AGAIN at a pole located approximately 112 feet east of the southeast corner of the later section of Loop 268 sad Woodrow ad. Sad extending s the *ad of the lisso including all laterals sad No. sorsAU Guard-lits facilities serving Toxworth Galbraith Lumber Co, located at the aortbeamt terser of Loop 266 and f.M. Highway 428 (old Mnxid"r Road). MIMING AGAIN at a pole located 900 feet east of the northeast corset of the isteraectioa of High- 1 way 28 and Cooper Creek br. Led extending is westerly direction approximately 2600 foot to and IM oludisg a pole; the"* northerly direction approxi- mately 550 toot to a deadend pole) including all E services and laterals. s~ ) y i t TO RAYS AYD TO BOLD the above described property unto said City of Denton, Texas, its successors and assigns, f forever; and Texas power i Light Caapsmy does hereby bind itself, its successors and assigns, to arrant and forever 4 defend all and singular the said property unto the said city of Denton, Texas, its successors and assigns, against R, every person whosmoever lawfully claiming, or to claim the same, or any part thereof. ZUCUTSD this 20th day of March , 1970. TIiXAe POWER L LIGBT COMPANY ATTSST: I BY Vice Ire dent ~ 9acre airy I i Ij TIR STATS OF TESGB E COUNTY a DALLY E 11 I BWORE 0, the undersigned aythority, on this day per- sonally appeared , 10' 1 1;ic V• , known to me to be - { scribed to the foregoing isetrumeat and aeknoeledged to me that the sus was the act of the a 4 TEXAS POWER a LIOBT COMPANY, a corporation, mad that be executed the sane as the act at such corporation for the purposes mad coomideratioa therein expressed, tad is the capacity thereto stated. OI mon XT BAND ABD SEAL 07 O"ICE this the day of / 1970. County, Texas JJ 11 I i ti 9 a ~s-aw A 30{12 (rte cod. u-42 non 8TATE OF TExAs pros. v¢ro E i-tas~~ 3241 map 970, 3b. 1 County d_.. Dwtaa 0 44L KNOW ALL MM In Tau p3>zlff : J!....pva _ d........ County. T hereinafter %nod -0 tuna of the , "vante$ more in eoaafderr whinh gr w& lj to tyater lram t8e or dWWbatwl flee Dar Wetter desculbodribed hereby grenL to o TffiL111 pOWLA -westrodisa at the elftbrio 00MPANT, of DaaoA right of way for as eleetrle distribution Lin and sL se sseary a desitabis snuresoaneesa'd nortd pho~oe a" sod appwteaaooes, apoa, ova and sam Grantoes Iasd to the _._M!., forest Survey, Abstract Na.... 7...... Ootcp Cooty.Texas, .-r The eeebr lice d diatrlbutloo UN "hap be IoratW across acid land as foiign: aft ting polo at sorry ststdoa 2 plug 97 aquL u Plu 00, said tnK e62"st Corner of the abon described ;nperQr. in a direction a distaaoe of !12 feet, nosy or logs, to a di"trl !son sng sand attached gip at ~7 gtettoa 3 ploy ~p said gV W artead j{,t"et, or lass, in an easterly direction to a gip enckwo &91MIng again at said angle pots at surrq station 7 plas 12. TbOlIcs in distributim a deadeod poL~ ird tto waCV at M Y St115 tation 6 plus 27)"14 to to extend A feet, more or L►a, in the "NO nortb"storl,T direaidan to a Tenn Ibww 6 Light CoaPacp VW anchor, said pole to be located 70 feet, an or Las, 12 y an aaet"rlY dimUcn from a residenes an the above described propegtr. f I f t The above described i property constltuta co pat of my hameatead.,,.r:.:.~..'......~' aW In *4 rams is dg s boas a aow pop And it Is Understood aM t ~ woo alhe eoesttaeyaad ~vaaf m4! rNwb 1 9aW ComOSa7 shag bare W rlgbt bo a"et.___..~__.__. 0 ~ 1 UK -w-P- thew whh *0 ria ea~bvw~w, gg{gnw.we ..a ..~..+,.~and ep~ ee tae the pm0o;; of e to maws said one la tM Came reiaelae to futon, mad the t At ab tomes to eat a any .dlaoeat toad If and who rf~taad Y tsidaed !n tome and fat ou mllodga"t"a~ c w cloor at ow wAs~ar,enat boo pVand N u* TO IEAVT AND TO 8I taga8"ay 0o•ai "lee mad aatQ ea14 In "woes! ow r1ob me as am Caaspsq, he "oear ; ghal M a~ d sxscvrsD erll...41 _ 4or A .D. to-" ~ RRtaered y: t - i 1 r ` ' f Al N.~ i i 6 ti y CMMCATB Or ACBNOWLEDGYBNT rOe QMMMALS 0 ~J'+•• THE srArs or razes Cep RZron kM the add{W "*"417, m"dy Pa mffi lr 6""M,...... /..1~ j~J teo.s to w}o ~ ms pneafr/•Ur ...~fsf ~ I t~ ..I..o.d r t►. lea.aaNf IrYSmd, tud rb.nldwd V tW f7,L-...... meow tU r fw the ivp m d eerdwtdw *wQhL gnrA ~r GIVEN 9NDIR NT "NO AND nAL or omcz Vy..._L.Lt.~~sr A.04&A ' r- Jw ' NaM T"m w, 1 t~ Irr w 4C~ C CBBTU'ICATB Of ACBNOWLID0K~ FOR NARIM WOMAN a rsz nAre or =IAB C..ur ed asron IM dN =&Nd od trtMel4, N uL da ow"mar arMNo as be U W wsm AM WM Y soon" r *8 l+.r+e lnlrtm % ni wft U• ambw M w gbl/ d even Inn Ue WNK d b&ft tV ~ t*W NIiN N 1n, A4 W Wl_.__ J rawwood emb lm 6 be U Ui dA ni 6" will dnYnl"As Ue W&%* IkIW tY MOO !w 611-9 un md eardndm , I rpw I and tAu Aw dY rd W" he r1YM R. OMW V"ZX Nr BAND AND a" 09 O1r1C8 iYM..._~..-.__...Y► d._........._......~..._..~.~, A. D. If_.... cssvrcAte OF UDBdtUMNA AAf01 "Will, +u~aR~ °1'TSCroa. ~~-r~. era rE eTATS Or rslA/~ i t COW* d_..... 4~_.... _ DBrOf11~ tAy trAniped riMdlr, m 11Y 4 ps1m~R7 Y CBSTVKATS Or RBCM Inwa M r Is U w Tom all as OF nx" L A J. BARNBtT, QrY all ad Coo* Cod Y d Yr rN Or DOfION Ij r rwr wl rrn...~ d awr •w r ..w//ew~ of a~ ,rnr+r do he mwd AD., iN Ae!~, d i A. D. tl..-. v ' d dill nNrIM X, AI - ..A.D., N.Jt~ { 3 CYmry, Tme. III D+dm CwA'.'!'e+A r•rr M ...t W ALL d dN d DOWIN Tmm, tlw dy d TW lM blur tRYMm 1 1 r Y 1 k r ORDINANCE N0. AN ORDINANCE OF THE CITY OF DENTON VACNTING A PUBLIC UTILITY EASEMENT; AND DECLARING AN EFFECTIVE DATE. EREAS, Othe RE easement being abandoned has no value to the City: WH NOWo THERE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 2. That the easement, as described in Exhibit "A", attached hereto and incorporated herein by reference, is permanent- ly vacated and extinguished as an easement for public utilities. SEC220N 2I. Thr,t by reason of such vacation the City of Denton's property intcrest in the easement shall by operation of law, revert to the owner or owners abutting the easement herein abandoned and the City of Denton releases any and all claims to the use of the property as an easement for public utilities. SECTION _TIT_ That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1990. 3 BOB CASTLEBERRY, MAYOR f ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY i BY: w ij RIA'R ~e t 7 ro Y i r i y Exhibit "All An easement, as granted by J.C. Payne to Texas Power and Light Company, in the M. Forest Survey, Abstract No. 417, Denton County, Texas, as recorded in volume 480, page 442, of the Deed Records of Denton County Texas, and as assigned to the City of Denton, as J shown in volume 1577, page 702, of the Deed Records of Denton 1 County, Texas, described as follows: Beginning at an existing pole at survey station 2 plus 93 equals 0 plus 00, said pole being at the southwest corner of the above described property. 1 Thence in a northerly direction a distance of 312 feet, more or less, to a distribution angle pole and attached guy at survey station 3 plus 12, said guy to extend 12 feet, more or less, in an easterly direction to a guy anchor. Beginning again at said angle pole at survey station 3 plus 12. E Thence in a northwesterly direction a distance of 315 feet, more or less, to a distribution deadend pole and { attached guy at survey station 6 plus 27, said guy to extend 30 feet, more or less, in the same northwesterly f direction to a Texas Power & Light Company guy anchor, said pole to be located 70 feet, more or less, in an easterly direction from a residence on the above j described property. 1 1 I 1 I EE i I, E 1 ! 00:,. } F tip t I 1 EXCERPT PUBLIC UTILITIES BOARD September 20, 1990 i 16. CONSIDER EASEMENT ABANDONMENT TP&L COMPANY SERVICE LINE EASEMENT (SAFETY KLEEN REQUEST). Nelson explained this was an old Texas Power & Light easement which was obtained from TP&L in 1970. There is no need for it now. After a short discussion, Chew made a motion to recommend to the Council abandonmenL of subject easement. Second by Frady. All ayes, no nays, motion carried. jj I j i. i i 1 ,rK.w i ~ r„ Pit 4inuces September 12, 1990 Page 3 ' Mr. Salmon stated that the letter to the Commission in their packets explains the situation. They have discussed it before. The abandonment Is In conjunction with the Eagle Point plot. All of the property In the area has access to other streets. There is one drive approach in the portion of the street to be abandoned, but it does not appear to be In use, Mr. Kamman asked if the neighborhood had any ob)ectkons. ,ir. Salmon said that there were none to this scenario. Mr. Glasscock asked how the property will be divided. Mr. Salmon replied that an equal portion would be given to m the owners on each side of the street. The City will retrin an easement equal to the width of the street. Albertson's will be putting up a barrier to block the use of the street. Ms. Brock stated that when the Commission toured the area, they concluded that Myrtle was a street in name only. It was moved by Mr. Glasscock, seconded by Mr. Kamman, and unanimously carried (5-0) to recommend approval of an abandonment of a portion of Myrtle Street, IV, Consider a recommendation to abandon an essesent which Is located near the intersection of Hi hway 380 and Cooper h Creek Road, on property owned by Safety-Kleen. Mr. Salmon stated that the easement was originally a Texas -Power and bight easement. It was given to the City in 1970. All it had In it was electric service to a house which has since been demolished. The service line has also e been removed. The City no longer puts service lines In i4 easesents. Safety-Kleen now owns the property. ; Ms. Brock moved to recommend approval of abandonen the easement located near the intersection of Highway ~80 and Cooper Creek Road. Seconded by Mr. Engelbrecht and unanimously carried (S-0). V. Consider a recommendation for the exchange of MY between Seyed Mohammad Bagher Hasheml and the Ctty of Denton along the east side of Carroll Blvd. and north of Egan Road. Mr. Salmon reported that Mr. Hashed opproacbed the Engineering Department with the proposal for the yroperty exchange. The swap will be for equal amounts of land except for four square feet. Staff views this as a win-win situation. The City gets more usable parkwa along Carroll regular shaped property and the property owner lets a more that will be staler to develop on. TAa property is on the east side of Carroll, Ms. Brock asked what the City will gain from the exchange. Mr. Saloon said that the City will tetain the same amount of E right-of-way. Thar* is now only a narrow strip barely wide enough for a sidewalk. It Is only o ocket of right-of-way. The exchange will provide a more usable right-of way for the installation of utilities or sidewalk. it will be easier to do and more away from the street, it was moved by Mr. Kansan, seconded by Mr, En elbrecht, and unanimously carried (S-0) to recommend approva~ of the k exchange of property between Seyed Mohammad gagher Hasheml and the City of Denton. i t i s-V ~ Av T~ 3 f ~ I or I ~r t+L~'~ ~I ~ i 6 - 00 ~ I S ~ ~ rr.=• 1 . fr 1 ilk • • ~ , i OIF10l~Otl~ Ial f 1 ' _.7 1 I ~lll~~~; --L w•. ICY ~ I n-.I~. 1.~ I L' :r- l + 1 j 7 Vb - too WOMO I 3 I ; I I 4 1 i ! f I I ~ 1 t i . 1 1 , i f v fl i r DATE:OCTOBER 16,1990 CITY COUNCIL REPORT TO: Mayor and Members of the City Council I FROM: Lloyd V. Harrell, City Manager art~t SUBJECT: "ORDINANCE AMENDING ARTICLE III OF CHAPTER 2 I I ADMINISTRATION" OF THE CODE OF ORDINANCES O: THE CITY OF i DENTON, BY ADDING A NEW SECTION 2-39, ENTITLED "CHANGE ORDER". ) f ~ '71 RECOMMENDATION: We recommend this ordinance be approved as presented. SUMMARY: Currently the code of ordinances in effect for the City of Denton do not deal specifically with change orders, their dollar limits or process for approval. The proposal 3 ordinance will bring the City of Denton in line with current legislation passed by the State of Texas and include all statutory provision governing change orders. TEXAS LOCAL f GOVERNMENT CODE ANNOTATED #252.048 (VERNON 1989). Highlight of this proposed ordinance are: 1. Allows for changes in plans or specifications on decrease or increase in quantity of work to be preformed or materials, equipment or supplies to be furnished. 2. City Manager can approve up to $15,000.00. City Council approves any expenditure over $15,000.00. 3. No change order can be approved unless funds are available. ; ` 4. Original contract price cannot be increased by more " r than 258. 5. Original contract price cannot be decreased by i more than 25% without contractor consent. BACKGROUND= Proposed ordinance prepared by City Attorney. PROGRAMS, DEPARTMENT OR GROUPS AFFECTED: Purchasing Department, Utility Department, Public Works Department and City of Denton Contractors. ! FISCAL IMPACT: NONE i I ~ ` i B I ) I I ~M1 ~ it i i Page 2 of 2 CITY COUNCIL REPORT OCTOBER 16, 1990 i Es p Respect lly sub) mitted1 k 1.4 1 to Harrell City Manager Approved: 1( Names Tom D. Shaw, C.P.M. 'Cities Purchasing Agent T9/jh 064.DOC f 'y i - T r I w' 1 i i NO. i 4 AN ORDINANCE AMENDING ARTICLE III OF CHAPTER 2 "ADMINISTRATION" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON# TEXAS BY ADDING A NEW I~ SECTION 2-39, ENTITLED "CHANGE ORDERS"; REPEALING ALL ORDINANCES IN I CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. I SECTION i. That Article III of Chapter 2 "Administration" of the Code of Ordinances of the City of Denton, Texas is hereby amended by the addition of section 2-39 "Change Orders", which said section shall hereafter be and read as follows: eeo. 2-39. Cbaa4a Orders. (a) After performance of a contract begins, the City Manager is authorized to approve a change order if necessary to: (1) make changes in plans or specifications; or (2) decrease or increase the quantity of work to be performed or materials, equipment, or supplies to be furnished. (b) TLe City Manager may authorize a change order as provided in subsection (a), only if it involves a decrease in the contract price or an increase of Fifteen Thousand Dollars ($25,000) or less. A change order which does not meet these requirements shall be approved by the City Council. (c) The total price of a contract may not be increased by a change order unless provision has been made for the payment f of the added costs. The original contract price may not be } increased by more than twenty-five (253) percent. The original contract price may not be decreased by more than twenty-five (25%) percent without the consent of the contractor. SECTION IZ. That if any provision of this ordinance or appli- cation thereof to any person or circumstance is held invalid by any court, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares that it would have enacted such { remaining portions despite any such invalidity. SECTION ITT. That this ordinance shall become effective i immediately :!pon its passage and approval. I F I MCI t P P PASSED AND APPROVED this the day of , 1990. i BOB CASTLEBERRY, MAYOR l ATTEST: JENNIFER WALTERSO CITY SECRETARY ,I BY: APPROVED AS TO LEGAL FORM. DEBRA A. DRAYOVITCS, CITY ATTORNEY BY: II i PAGE 2 1 IL r I { I i j f i E f II ' i i . 14+6 1 i i r i I j t i` I t 1 i i 1 CITY of DQNTONo TAM$ 215E, WKINNEYI DENTON, TEXAS 762011 TELEPHONE (817) 5868200 j 6 MEMORANDUM DATE: October 4, 1990 TO: Lloyd V. Harrell, City Manager v FROM: John F. McGrane, Executive Director of Finance` SUBJECT: DENCO AREA E-9-1-1 BUDGET I I have contacted Mr. Bill Munn, Executive Director of DENCO Area at District regarding ncillworksession. the following are his resquestions ponsest 1) Attorne 's Fees: The $9,000 budgeted provides for twelve months of a $7SO per month retainer fee. The attorney is required to give legal advise regarding all aspects of the operations of DENCO Area 9-1-1 District, and is also required to attend all board meetings. 2) Lease: The budget allows $19,000 for lease of 1,264 square feet of lease space. The lease agreement calls for escalation to $15.00 per maximum square foot which is currently where the charge is at. The lease expires in June, 1991. 3) Personal Services: The Executive Director's salary is u Bete at our (4) months. This amount is for the hiring of a full-time executive director anticipated with the phase out of the sharing agreement vith Tarrant County. Under the current sharing agreement, the budget allocated to pay for DENCO's share of the agreement is under "other professional services." If you need any additional information, or have any further questions, please advise. JFMcG:af 5462F 4 1 1 r I t, x 4. i or a K f' RESOLUTION NO. A RESOLUTION APPROVING THE 1990-91 FISCAL YEAR BUDGET OF THE DENTON COUNTY EMERGENCY COMMUNICATION DISTRICT PURSUANT TO ARTICLE 1432. V.A.T.S.; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton has been presented the 1990-91 Fiscal Year Budget of Denton County Emergency Communication ! District, hereinafter referred to as LENCO P.REA 9-1-1, for approval, in accordance with article 14320, section 7(D), V.A.T.S., as amended; NOW, THEREFORE; THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION I. The City of Denton approves i the budget. SE=ION II. That this resolution shall take affect immediate- ly from and after its passage. PASSED AND APPROVED this the day of October, 1990. 1 BOB CASTLESERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY i~ BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY i BY: I ~ j i F i r; . I-L u+sai i j 4 I I I i r r 1 / T 3 F`t ~ f DATES 10/16/90 CITY COUNCIL REPORT FORMAT r w TO: Mayor and Members of the City Council FROM: Lloyd V, Harrell, City Manager i SUBJECTS RECONSIDER THE PROPOSED SCHEDULE FOR ANNEXING APPROXIMATELY 92J.42 ACRES LOCATED EAST OF AND ABUTTING 135W AT THE INTERSECTION OF ALLRED ROAD AND CON3IDER A SCHEDULE FOR ANNEXING 450 ACRES AT THE INTERSECTION OF IN 35W and FM 2449. (A-59) RECOMMENDATION: An additional annexation petition has been received since the TPO schedule was adopted, This petition to for land contiguous to TPO tract. Two schedules are provided. Schedule 2A is applicable if the Council were to meot on November 6th, which is election day, i Council may wish tc reschedule their regular meeting to November 13th, Schedule 28 is applicable if Council were to meet on November 13th, rather than November 16th. ! I Staff recommends the adoption of the proposed annexation schedule ! ' 11 setting the date, time and place frr public hearings for both { petition(, SUMMARYs The petitions for annexation of tkeae tracts into the City of Linton ¢ j has been initiated by the owners cn order to facilitate the zoning of the tracts for planned developnent to allow for light industrial, offices, commercial and instituttoutl uses. BACKGROUND: Council initially adopted a schedule at its meeting on October 2nds Since then staff has received a petition for a 450 acre tract which ie contiguous to TPO 920.42 acres. The Zoning Ordinance Task Force was appointed on October 2nd, this schedule will enable their review of amending the Planned 1 Development section of the Zoning Ordinance during the annexation process, The meetings are scheduled to coincide with your regular j meetings, rather than special meetings. The 920,42 acre site is part of the 3,346470 acres Pilot Xnob Ranch shown on attached site map. This tract is the site that was considered for the MatsushV a project earlier this year. i j ~ Ifa~ Ir ! Owl 1 S 1' ~h ~11 Mayor and City Council 3 Annexation October 16, 1990 t I s I I PROGRAMS DEPARTMENTS OR GROUPS AFPECTEDt I Staff will prepare a service plan for this site to be considered at the public hearings. I I I FISCAL IMPACTt I ` NA I e fully sdt 1 I io d V. Harrell r City Manager AP vedt rank H. Robbins, AIC ? Executive Director Planning and Development I 2399x i i I 1 I f r ~ 1 1 1 I ~ E I I I I ~ i t S i + ATTACHMENT A-I { ANNEXATION SCHEDULE 12A A-S9 uaae October 16, 1990 City Council sets date, time and place for public hearings, i October 21, 1990 Notice published in Denton Record E Chronicle for first public hearing, Service Plan is prepared. November 6, 1990 City Council - first public hearing, I 'r November 9, 1990 Notice ppublished in Denton Record Chroniclo for second public hearing, November 20, 1990 City Council - second public hearing. November 26, 1990 Planning and Zoning Commission makes recommendation, December 11, 1990 City Council institutes annexation. First reading of annexation ordinance. January 19, 1991 Publication of ordinance in Denton Record Chronicle. k February S, 1991 Final action by City Council, Second reading of annexation ordinance. 1117x/1 c i i i i ATTACHMENT A-2 r i ANNEX4TION SCHEDULE 12B A-59 E October 16, 1990 City Council sets Bate, time and j place for public hearings. October 28, 1990 Notice published in Denton Record Chronicle for first public hearing, Service Plan is prepared. ' Novembor 13, 1990 City Council - first public hearing. November 25, 1990 Notice published in Denton Record Chronicle for second public hearing. December 11, 1990 City Council - second public hearing. December 12, 1990 Planning and Zoning Commission makes recommendation, December 18, 1990 City Council institutes annexation. First reading of annexation ordinance. January 19, 1991 Publication of ordinance in Denton Record Chronicle. I February S, 1991 Final action by City Council, Second reading of annexation ordinance. 1127x/2 I ' i ~ J i 1 I i { i ATTACHMENT B-1 A.59 M R T of DENTON 111 } • • UI1~ITS 4 TIHar 1 1i ky ' 1i r~ I doom -1 r e/ iw M IN 1 1 t-,C ~N6 X71 , . • •11 L • ~[f•t }r worn r 1 • r` Mh , ~l•, -As Cod ~l { to Nor AN AN oll Poo 0 Now,. I f ~ 1 d / • • `1 ~ 1 I ~ ' 1 i • •4 O/ / i . , to • ~rl~urr '0 r•~ Rif • r 1 I l.t• 1 n wi + I~ k r=f f~' ~ ~ 1 ~ WIF f 0 r,eM • I ~ 1 ~ L , /1 r 1\` ' f tr ilrll Yw.•.~ el ' , • V11.1 ~ • ~I • ' I' r I COPPER. ,COFRAL ' tot • ef' • k. CANYON ' .III f I f 000 I'Lrif J•y I fl.nJ 00414 10. , r 1 \ e , Nook ;A / i • ' ' I OOuM OAK $0ALl r.,^►., nATI )no i a 140 1 { 1 ri I' wrwH 4JO ~ f^~; `--.oaf r" t I SZ J{ I E i F I I I + +•If II Fi II N I D ~1 ! i I ~lijll~~~l1W(,~i IIiII,II!!II ; W It ' I~ t i 1 :+'`'t 'es 1 111111 1 d'/ • ' w y s.. i rnsaarsaosacmoomt sums . I ~D _ I 1 { nr.rrr,rrrr. r.r •rru i N i c D ~ I Nn. + 1 ;ti4 `1F\~ 1 ~I 1 Iii 1-,` `i}ti~i~•. , I~ Ivwla .-t ry o+!r•,~ I'~ 1 iilT.,~ 1F,I!' ~t}•': i0~ i!r 1, , 1 F 1 ly .w.ana •~~'/.1\I ? MM _j D f il [ le iiiw I:I IsR I+ 4 D II [t ~ f + !l ( ~~~~-IE ! i I L.i1S n Rase 0211 ,FI ~ \ is FI ! ` r I 11: i~l• I ~'+1 ! (FBI, , EA`' ij l'h ItNllllll IR 4i3 I I I; I ' I . Y,J ~ I ! f+I I I {~I F; 1, ! :I;It ~•s~' tlrll~llrl~' I ii 'fl s ,l~/ f }16 ` I / II 1! J~ i ' i I fi ~ f . ! is ~~;Fl( j• 1 ,~t,{.' Ilsi lll!l ll. illf Ij IIt.;i"II 10i ! A111. [I~ f,13J1'E;!i; Il tlllljlli~iil, III~IIEI!i I s _ 65-F1 NOII VXSNNK apsodOF3d 1 C-9 INM;Hjv II 1 1 I 1 Owl L y,. ATTACHMENT B-3 j SURVEY led" Awl r I' 1 " 6 *,*NH waver 1 F, • '1% ~ IMI y 111 I 10 Iw I a AAS awe AN awae I }I MII M It j f,w.rrgrw.~,.r 1 U pO...M..1..14Y. , ~ I Iwr.r.AN ~ I MF/1 W11, Y.MI ' AP j r 1 i _ 1 MAI n.e n~ a i ATTACHMENT C 5 NOTICE OF PUBLIC HEARINGS ON PROPOSED ANNUATION A-S9 NOTICE IS HEREBY GIVEN TO ALL INTERESTED PERSONS THAT: The City of Denton, Texas, pi loses to institute annexation proceedings to alter the boundary limits of said City to add the torrltory described In Exhibit "A", attached hereto and Incor- porated by reference herein, to the corporate limits of the City of Denton. A Public Hearing will be held by and before the City Council of the City of Denton, Texas, on the day of 1990, at 7:00 o'clock P, M, in the City council Cham~ers o the ~ Municipal Building of the City of Denton, Texas, for all persons interested in the above proposed annexation, At said time and place all such persons shall have tho right to appear and be heard, Of all said matters and things, all persons interested in the things and matters herein mentioned, will take notice. A Public Hearing will be held by and before the City Council of the City of Denton, Texas, on the day of , 19900 at 7:00 o'clock P. M. in the City TouncLl Cham ers o the Municipal Building of the City of Denton, Texas, for all persons 9 Interested In the above ro osed annexation. At said time and I ~ place all such persons shall have the right to appear and be heard. Of all said matters and things, all persons interested in the things and matters herein mentioned, will take notice. I i ~ I i j ATTEST: JENNIFER WALrff5-j CITY SECRETARY A-SS 2400x 1 ~NrP' 6ww~ I r~ w~rar \ w ATTACIIMEN i C-1 APPENDIX A TRACT II P BEING 917.600 scros of land situated in the B,B,B.&C,R,R. Survey, Abstract No. 158, B.B.B.&C.R.R. Survey, Abstract No. 159, B.13,B.&C.R.R. Survey, Abstract No. 160, 0. PcWwgak Survey, Abstract No. 1041, asd the S. Pritchett Su"y, Abstract No. 1421, Denton County, Tess, uid 917.600 acres being more particularly described as follows: BEGINNING at the northeast caner of the B.B.B,dt C.R.R. Survey, Abstract No. IA said point also being the northwest corner of the W. Smith Survey, Abstract No. 1182 of aforesaid county, said point &W beta; to fohnson lane and Paine Rqad; THENCE S 00' -OW, 364327 feel along the eau line of the said B.B.B.& C.R.R. Survey, Abstract No. 158, THENCE N 89'32`&0" W, 2290.84 feet; THENCE N 0015873'1, 497.55 feet; THENCE N 89'28'51'W, 274.12 feet to the cut right-of-way of Interstate Highway 35W; THENCE along the eau right-of-way of Interstate Highway 35W the following falls; 1. N 29'53'03'E, 94736 feet; t, 1 N 24'19'461, 203.06 feet; 1 3. N 2957'39'E, 2,716.63 feet to the beginning of a curve to the kft having a radius of } 1+ 11,%1.73 feet, a central angle of 03'06'149, a chord bearing of N 28'24'S0'E, a chord distance of 623.01 feet; 4. THENCE along uld uc 623.09 feet; 5. N 26'51WP, 2,147,84 feet; ; 6. S 89'b3'18'E, 470.78 feet; 7. S 7$'54W A 71-%5 feet; & S 89'4635'E, 80,17 feet; 9. N 72'34'45M 32.80 feel; f 10. N 17'13'20" E, 51.61 feet; i 11. N 69'.l0'03'W, 22933 feet; ! i 11 N S4"O IM, 163.42 feet; II 13. N 33'12'11 W, 210.76 feet; I 14. N 2611'4rE, 3,16530 feet; j 15. N 36.44'37'1, 203.09 feet; 16. N 26'040'1, 399.43 feet; 17. N 337A E, 400.30 feet; 1S. N 26'39'55V'1, 399.88 feet; f 19. N 13'48'59'1, 305.23 feet; j 20. N26'S4'21'E, 933AS feet; ! THENCE S 89'54'04'1, 1997.83 feet to a Point in the ww fine of the J. FAmoom Survey, Abstract No. 401; ! i THENCE S 00'13'37'8, 2,217AS feet to the southwest caner of the aald 1. Edmonmos Survey, THENCE S 89'38'41'1, 2,639.26 feet along the south'- s of the said J. Edmouos Survey to a point is Bonole f Brae Road; i ! 3 ! 3-1 I ~ 1 t 1 f i d ATTACHMENT C-2` 4 r.. THENCE S 039'37'!, 3,263.02 feet wkb Menlo Brae Road to a point io A&W Road; t THENCE N 89'2TOW, 3,60941 fat wkb Allred Road THENCE N W41'30'W, 2,122.09 feet with Allred Road; THENCE S 00'0 $rW, 2,639,77 feat, to a point In Johnson lane; r THRNCE NW 2734'W, 2.333.01 feet to the POINT OF BEGINNING and cootsiaL S 917,600 aaa (39,970631 ~ square feet) of Loo more or Ieu. i TRACT IV BEING a 2.81 acre tract of Gad simled in tba E. Pir*so Survey, Abauad No. 994, Denton County, Taus, nod being a part of a called 69318 we trap dumUd to deed from W.L Granby at ut to Ales McCutchin a t recorded in Volume 321, Page 42, Deed Records, Denton County, Tama, said 2.82 acres beieg more particularly a deaorkd as follows: BEGINNING at the most somberly southeast amr of the uW 69318 we tract; THENCE 1487131131V, 159.06 feet io the east right•etway of Interstate Highway 3SW; THENCE N30'OIWE, 153.66 feet AWS uid cad si8bt•of•way line of Inter ile Highway 35W, ; THENCE 142M45E, 30093 feet along mW cad rtght•o4way Gee of Interstate Highway 3SW; i t THENCE N2V$CSM 106.75 feet; THENCE 500'43'00'8, 689A5 feet to the MINI' OF sea wmo ud containing 2.82 son (112,Mi sq. R.) of land, more or bar. I i J i 3-2 1 awl w ATTACHMENT C-3 ' ISTAKIINLO III/ WAY w OILLIV BROOKES BAKER SURVEYORS INOCwn NOVA nwl.low DON w. NIC17Y A FN00I9100Ul CCRFOIIATION JOHN Fs utR ~Itl4-ylq 1 C 14ICKAPIC CAVIL, Al TITLI ANC TOFOOR,WwC IuAvtytNa i J will, OONMATANT I ITIFN IN M, AM ASON INOONli IAKIN CA DINO - 111 1. IIUFF ITN/IT FMC 4 WORM. CONIIATANT f11-1lFTIH MIM 414110 FORT WORTN, TIKAI 711CI-IM June 20, 1989 Page 1 of 4 field notes for Henry S. Miller Company forl - i 1 The James Edmoneon Survey, Abstract No, 401 and the James L, Harris Survey, Abstract No, 555 and a pert of the S. A. Pritchett Survey, Abstract No. 10219 situated about 4 miles south 35 degrees west from the courthouse in Denton County, Texasj and embracing Parcel No. it Parcel No, 2 and Parcel No. 3 described in the deed to Henry S, Miller Company recorded in volume 2240, page 481 of the Denton County Deed i Records, ? 3 PARCEL NO. 1 Beginning at the southeast corner of said J. E. Edmoneon Survey in the middle of a County Road for the southeast corner of sold Parcel No. 1, from which an 8" pipe post bears north 86 degrees-50 1/2 minutes west ti 30-5/10 feet. Thence north 88 degrees-50 1/2 minutia west, to and along a fence for the south line of said Parcel No. 19 a distance of 2658-8/10 feet to a 1" iron on the west side of a corner poet of a fence, for the south- west corner of said Edmoneon Survey and the southeast corner of said S, A. Pritchett Survey and southerly southwest corner of said Parcel j No. 1. (j Thence north no degrees-33 minutes east, along the common line of said Edmoneon and Pritchett Surveys for the southerly west line of gold ! Parcel No. 19 a distance of 2217-5/10 feet to a 1" iron on the east 1 aide of an old 10" Oak corner poet of a fence for a reentrant, corner of said Parcel No, 1, i Thence north 89 degrees-07 minutes west, along a south line of said Parcel No. 1, a distance of 1997-5/10 feet to a 1" iron for the f westerly southwest corner of said Parcel No, 1 and the southerly E southeast corner of the 42-526/1000 acres tract described in the deed to the State of Texas for highway right of way recorded in volume 529, page 538 of the said Deed Records. l • 1 1 ..80.~ I t ~ 1 f ATTACHMENT C-4 tY , ESTABLISHED i"O r ^ ^ BRWKES BAKER SU MEYOf1! June 20, 1989 Page 2 of 4 t field notes for Henry S. Miller Company fora - (continued) Thence northerly along the westerly line of said Parcel No. 1 and easterly line of gold State of Texas tracts north 27 degrees-24 minutes cost 67-4/10 feet{ north )0 degrees-31 minutes 3ast 599-9/10 feet to a damaged ant highway monument{ k north 77 degrees-38 minutes east 312-5/10 feat to a highway monumenti f north 27 degrees-43 minutes east 644-5/10 feet to a highway monumenti 4 north 17 degrees-37 minutes west 183-1/10 feet to a damaged } ! highway monumenti f north 62 degrees-28 minutes west 139-2/10 feet to a highway j north n27 degrees-2B minutes east 426 feet to a highway r monumenti north 22 degrees-23 minutes east 99-7/10 feet to a damaged highway monuments north 27 degrees-37 minutes east 1270-5/10 feet to a 1" iron in the north line of said Pritchett Survey and for the northwest corner of said Parcel No. 1. { V thence south 89 degrees-Oi minutes east, along the said north line of Pritchett Survey, to and along the north line of said Harris Survey, for the north line of said Parcel No. 1, a distance of 3061-8/10 feet to a 1" iron for the northeast corner of said Harris Survey and said Parcel No. 1. i Thence south no degrees-08 minutes west, to and along the said middle { } of County Road, being along the seat line of said Harria Survey, and along the east line of said Edmonson Survey for the east line of said Parcel No.1, a distance of 5299-2/10 feet to the ,slave of beinnin within said County tRoad, gleaving/ 397-27/100 acres f acres exclusive cof esaid which 3.961100 } Road. 1 zti k f 1 1 1 1 ATTACHMENT C-5 a ClTAe ~iSH CD ~aa0 BROOKES BAKER SVRVLYOq June 20, 1989 Page 3 of 4 Field notes for Henry S. Miller Company fora - (continued) i PARCEL N0. 2 Beginning at a 1" iron on the northwest aide of scorner post of a fence for the northwest corner of said Parcel No. 2 and by previous deed call to be the northwest corner of said S. A. Pritchett Survey, Abstract No. 1021. Thence south 89 degrees-02 minutes east, along the north line of said Pritchett Survey for the north line of said Parcel No, 20 a distance of 1602-6/10 feet to a 1" iron for the northeast corner of said Parcel No. 2 and the northerly northwest corner of the 42-526/1000 acres ! tract described in the deed to the State of Texas for highway right of way recorded in volume 529, page 538 of the said Deed Records, Thence southwesterly along the easterly line of said Parcel No. 2 and P westerly line of said State of Texas tracts 7 south 27 degrees-33 minutes west 189-3/10 feet to a damaged highway monument) south 37 degrees-33 minutes west 405.2/10 feet to a highway monument) south 27 degrees-44 1/2 minutes west 424-4/10 feet to a highway monument) north 62 degrees-24 minutes west 490-2/10 feet to a damaged highway monument for a northwest corner of said State of Texas tract in the north line of the right of way of the Denton to Ponder Rood, Thence north 61 degrees-52 minutes went, along the amid north line of right of way of the Ponder Road for a southwesterly line of said Parcel No, 2, a distance of 423-8/10 feet to a 1" iron for the southwest corner of amid Parcel No. 2. [ Thence north no degrees-53 minutes east, along the weal line of said tercel No. 29 a distance of 996-8/10 feet to the place of beginning and containing 35-6/10 acres. PARCEL NO, 3 Beginning at a 3/4" iron for the southwest corner of said Parcel No. 3 and being by deed call in the west line of sold S. A. Pritchett Survey, Abstract No. 1021. M9. ~ TAT... Y I i' ,A owl 1 ATTACHMENT C-5 rsYAauSHEO 1800 r BROOKE9 BAKER SURVEYOR* June 20, 1989 Page 3 of 4 field notes for Henry S. Miller Company fore - (continued) PARCEL NO. 2 Beginning at a 1" iron on the northwest aide of s corner poet of a fence for the northwest corner of said Parcel No. 2 and by previous deed call to P?e the northwest corner of said S. A. Pritchett Survey, Abstract No. 1021. 9 Thence south 89 degrees-02 minutes east, along the north line of said Pritchett Survey for the north line of said Parcel No. 2, a distance of 1602-6/10 feet to a 1" iron for the northeast corner of said Parcel No. 2 and the northerly northwest corner of the 42-526/1000 acres tract described in the deed to the State of Texas for highway right of way recorded in volume 529, page 538 of the said Deed Records, Thence southwesterly along the easterly line of said Parcel No. 2 and { westerly line of said State of Texas tract3 south 27 degrees-33 minutes west 789-3/10 feet to a damaged highway monumentl south 37 degrees-33 minutes west 405-2/10 feet to a highway monuments south 27 degrees-44 1/2 minutes west 424-4/10 feet to a ' highway monuments north 62 degrees-24 minutes west 490-2/10 feet to a damaged highway monument for a northwest corner of said State of Texas tract in the north line of the right of way of the Denton to Ponder Road. Thence north 61 degrees-52 minutes wast, along the said north line of right of way of the Ponder Road for a southwesterly line of sold Parcel No, 2, a distance of 423-8/10 feet to a 1" iron for the southwest corner of said Parcel No. 2. 1 ~ Thence north no degrees-53 minutes east, along the west line of said Parcel No. 2, a distance of 996-8/10 feet to the place of beginning and containing 35-6/10 acres, PARCEL NO. 3 r Beginning at a 3/4" iron for the southwest corner of said Parcel No. 3 and being by dead call in the west line of said S. A. Pritchett f Surveyp Abstract No, 1021. E 4 i I 1 I r r i t ti AT'rACHHENT C-6 ESTABLISHED iae0 BROOKE4 8AKER Suavtroa! "s Pane 4 of1489 Page 4 Field notes for Honry S. Miller Company for: - (continued) • Thence north no degrees-53 irinutes east, along the west line of said Parcel No. 31 a distance of 1963 feet to a 1" iron for the northwest corner of said Parcel No. 3 in the southerly line of right of way for ' the Denton to Ponder Road. i j Thence south 62 degrees-17 minutes east, along the sold southerly line f of right of way, for the northerly line of said Parcel No. 3, a distance of 372 feet to a highway monument for a southwest corner of a the 42-526/1000 acres tract described in the deed to the State of Texas for highway right of way recorded In volume 529, page 538 of the t said Deed Records. j Thence southeasterly and southwesterly along t'ie easterly line oY said Parcel No, 3 and said westerly line of State of Texas tracts south 38 degrees-26 minutes east 208-500 feats south 6 degreem-10 1/1 minutes west 204 feet to a 7/8" irons south 27 degrees-39 minutes west 400-2/10 feet to a highway ' monuments south 27 degrees-41 minutes seat 351-5/10 feet to a damaged 4 highway monuments j south 27 degrees-40 minutes west 856-5/10 feet to a 1" iron for the southeast corner of said Parcel No. 3 and the southerly southwest coroar of said State of Texas tract. Thence north 89 degrees-07 minutes west, along the south line of sold ` I Parcel No. 3, a distance of 47-1/10 feet to the place of beginning qnd d containing 13-83/100 acres. I Prepared June, 1989 from previous survey dated July, 1970. ~ BROOKES BAKER SURVEYORS C. Richard Davis, Jt. 1Vie 4 367.DAVA it 0 ~ ~ ;i 1 HP / P t I` 1 1 , Z v ATTACHMENT D-l PiTITION POR ANNIZXATION TO THg PLANNING AND ZONING COWISSION AND ' CITY COUNCIL or THI CITY OT DINTON, T91M The undersigned doss hereby p•tltion for station of 920.42 acres located at The Pilot Knob Ranch (East side of 135~n the extraterritorial jurisdiction of the City of Denton, Texas. The property is tors particularly described in the attached suevey description and shorn on the attached map. The undersigned also certifies that the following required information concerning the land and F Its inhabitants Is reasonably accurate and assumes responsibility for completion of said information prior to scheduled action on the request by the City of Denton. s 1. Is petition being tritiated by owner(s) or majority of registered voters in area of rsqusst? Yes _ X No It no, what is the status of the applicant? _ 2. How many dwelling units are located within the area requested for annexatLon? None S. How Imany businesses or nonresidential land uses are located within the area of the request? None please provide a general description of these land uses Including the name(s) of busineeaee, it known i 4. Does area of request include any territory within the city limits fr extrar territorial jurisdiction of another city? Yes No 1 I S. Rottuted population of the area of request. 0 Adults 0 Children a Number of registered voters? 0~ 6. At the time of this petition, have any other annexation procedures been initiated tot all or any part of the area requested in this petition? Teo No X It yes, please explain the procedures begun and their status. r Doss a water supply district Its within the boundati s of the area proposed for WMxation? Too We X S. What sorting, it any, other than aagtrioultural (A), is being requested under separate patitiont Planned DeveloDment Now much of territory proposed for umtetieo is included to aontng 1 petition? The entire tract { 1 5-1 i N'AJ.• IfJ117Wf. 1I It T41tM~ i ATTACHMENT D-2 o- Petition for Annexation Page Two n zed into the 9, filsat Is the purpose Of annexation? i 0 nt n so that the ro ert can a :one or cone 10. Planned land use (it zoning is being requested)t Proposed Unit x.1 Category b Total Per Aare And/Or proposed Aarlue U;!are D21". a. Single family detached - b, Single family attached (townhouses, cluster, etc.) a. Attached patio/garden/zero lot line d. Duplex 1 e. Nultt-family ' f. Office S. Neighborhood service h, General Retail t. Cosmeratal ; light Industrial ; k, Heavy Industrial - - Proposed use(s) it specific use p~rmlt or planned development (PD) being requested, Business and Industria Park uses. _ It. Have petitioner(s) familiarized themselves with the official snnexstion policy$ land use policies, and the standard samioipsl service plea of the city of Denton? Hilts e +~cb~Brpo~ rraation,~l~alepl►oae 214 X88-3089 Now of owner(s) Data Signature(s) Address(es) 17 yArit ive _ ~1 l dx T Y~~ ~ - ! ~ It petitioner is not the owner of the propertyl status Petitioner gio telephone t t4 1 798-3002 1 ,I1 Nasr(s) Date 1922 Signature(s) Address(es) +u■ .3ss~.------ I ` s Pield Notes and Location Map for area proposed for saaesatios must U submitted along with completed petition betore process begins. ' og6zi r, 5-2 6 ! ATTACHMENT E-1 PiTITION 5 PO A1fNtxA~IOA TO VHS ?LANNINO AND ZOVINO COWIBEION Clot v4NCm ot, THt Cat of MTON, TIM 446.7 sores located The undereisned done hereby petition toe ann n the extraterritorial jurimdiction at T apt t' & F'M 2440 of the city of Denton, Tex". The propgrty is more particularly jdescribed in he undersigned the attr:ohed survey desoription and shown on the iaf oematies concerning the tend and else aerttties that the iollowin+ r~ouiRt4 and assume responetbtlity for its inhabitants is reasonably Completion of said intormation prior to ~Chsduled action on the request by the city of Denton. 1. Is petition being initiated by owner(s) or eaSoeitltonore~etel~4h•tstatus area of request? tes of the appliom)? 2, How many dwelling units are loomed vithtu the area requested for annexation? no ne deriwithin pttou at ethares, ese 3. How the request?e.Qag nonros?l ?lease govt es uses at* a land uses including the "W(s) of bustan as, it known n a „t oral use-Warren ]suds nth Lessee. Does area of request tnal%Ao any tors tort' within the sits limits or dire- territorial Surisdiction of another city? U@ n S. gstimated pepulattoa of the area of recast, none- Adults t Children Number of r4istered voters? N othetreq / TAtio n pro petit ast , 6, At the ties of this potitic et VAO ppee i its nitiated for alNo or 9 It yell, plows explata the procedures Utus and /heir s etas. 7, Does a Water supply district lie vitht~ the boundaries of the area proposed --i~----- for annexation? Yom We 6, Whal sonirg, it sari ot1her thaa sgriv4ltuml (A), is brine requested under } separate petition? How much of territory proposed for manexatioa to inwluded in soning petitiont f~ 1 rr i I NON I Ir w,~va ATTACHMENT E-2 rottttum far Aanexaeion k ; Page Two 9. What is the purpose of annexation? ZKeparina for zoning under gpca al R=o,sp "iyitY center - 10. Planned lend use (it taming is being reyueete4)s Prop9ee4 Unit Category & Total Per Acre And/Or Praaased Acreage lauare Footage a. Bl~~ls tamily attached b. Single taally attaohM (toknhouess, olueter, eta.) o. AttaoMd patio/iarben/tern tot lens d. Du lea e. Ku~tt-tinily c. octio• ' a. Melgbborhood servtoe h. General Retail i. Comrrrotal Slight tndustrlal k. Heavy industrial Proposed uto(s) it epecitio use P*Mtt or plWO4 development (PD) being reauatsd. It. "Syl Petitioner(s) teaitiarite4 th$641M With the ettistal aaa xatiam .4 toy, 1an9 use polioles, and the 4tam4ard mumioipal servios plan of the Oi~y of Dentomt Tel MO not comnl6ta1y Nees Of 9knor(s) M no ustee Telephosa 214 978-99134 6k4tAture(s) pats r,tdreastse) bite , TX W01 to ' : MI-Kel 48 no s It yStitiontr is not tM Queer Of the on ertyi status Trustee fer eouthweet Denton Joint Venture b 411 owner o property Petitioner 214 978-9136 Name(s) SM'Ino ustee Telephoas IM 1 Signature(s) lDate TA 1610 _A tot J. Uikel Reynolds e Field Motes OAA Location Nap tar frea proposed for "notation must be •ubmitttd don with omplete4 petit~os before prooess begins. r '1 r i i I r Y I ~ I n ~ FILE I i I1 1 L i 71 1 IYInN!~~ 1 11 II' ' m. ♦ Mal 1 i cwt I N I 1 r ( I OF V f I F x I ,r I L IF E 4 ~f. . v , I