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AGENDA
CITY OF DENTON CITY COUNCIL
November 20, 1990
Work Session of the City of Denton City Council on Tuesday,
Texas Defense
at n which m the
November 20, 215 0, E at Mc5:15 p.m. in the Kinney, Denton. Civil
City Nall, ,
following items will be considered:
Note: also Any item listed on the Agenda for the Work Session may
Regular Meeting.
5:15 p.m.
1. Executive session:
A. Legal Matters Under Sec. 2(e), Art. 6252-17
V.A.T.S.
8. Real Estate Under Sec. 2(f), Art. 6252-17
V.A.T.S.
C. Pereonnel/Hoard Appointments Under Sec. 2(g),
Art 6252-17 V.A.T.S.
1. Consider an appointment to the Electrical
Code Board.
2. Receive a status report from the 2499 Task Force
regarding the work of the Task Force and consider
additional funding for the environmental impact
statement for highway 2494 from P14407 to IPM2181.
3, Receive a report regarding roof conditions on various
City buildings and consider giving staff appropriate
direction.
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-k 4. Receive an update regarding the GIS System.
I Regular Meeting of the City of Denton City Councii on Tuesday,
November 20, 1990, at 7100 p.m. in the Council Chambers of City 1
Hall, 215 E. McKinney, Denton, Texas at which the following
items will be considered: i
j 7:00 p.m.
1. Pledge of Allegiance
2. Consider approval of the minutes of the Special Call
Sessions of October 23, 1990 and October 30, 1990.
3. Yard of the Month Presentations I
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¢ City of Denton City Council Agenda
November 20, 1990
Page 2
4, Public Hearings
A.
approving heating and nincrease rind he oCurrent
oHold a rdinance public
taxicab rates.
B. Hold a public hearing and consider adoption of an
ordinance rezoning Lot 1, Block 1, Shelly
Addition located on the south side of Highway 380
(University Drive) approximately 350 feet west of
its intersection with Loop 288 from "A"
Agricultural District to "aR" aeneral Retail
Service District. (The planning and Zoning
commission recommends approval.)
C. Hold a public hearing and consider adoption fan
ordinance amending Article 17 of Appendix
B-Zoning of the Code of ordinanceu relating to ;
signs; providing for the creation of a Sign Board
special eals to variances,
f method of measuring sign height; amending
provisions for special. exceptions; amending
Articlo 23 of Appendix B-Zoning to delete
authority of Board of Adjustment to hear cases
involving signs. (The Planning and Zoning
commission recommends approval.)
D. Hold a public hearing and consider approval of a
variance to Article 4.04, section 3, paragraph 1
Subdivision and Land Development
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Regulations relating to the dedication of
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thoroughfare right-of-way. (Property located at
1507 Mingo, northwest of Mingo's intersection
with Ruddell) (The planning and Zoning
commission recommends approval.) J
i E. Hold a public hearing on the proposed annexation I
1 of 1367.12 acres located east of and abutting
° 1
135W at the intersection of Allred Road, west of
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Bonnie Brae and abutting and south of Hickory
? creek. (Second Hearing)
51 Consent Agenda
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Each of these items is recommended by the Staff and
approval thereof will be strictly on the basis of the Staff
recommendations. Approval of the Consent Agenda authorizes the
` city Manager or his designee to implement each item in
accordance with the Staff recommendations.
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City of Denton City Council Agenda
November 20, 1990
Page 3
Listed below are bias and purchase orders to be
section of the
approved for payment under infthe ormattionOrdinance
attached to the
agenda. Detailed back-up is provided
ordinances (Agenda items 6.A, 6.B). This listing
COU Membeca to discuss any
to approval t allow ordinance.
item the prior Consent
A. Bids and purchase orders:
h 1, Bid #1154 - Brochures for Parks and
f Recreation
2. Bid #1166 - Electric Meters, Current
Transformers. Meter Sockets
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3. Bid 01172 - Vibrating Roller
4, Bid 01153 - Bell. Mingo 6 Scripture Drainage
5, Bid * age oaks Roofing
1159 Merit '
6. Bid #1168 - Tree Trimming
B. Plate and Replats
1, Consider the preliminary plat of the
cl•.eenwich Village Townhomes Addiand tion. ZLot o 1,
Block I. (The Planning .
Commission recommends approval.)
6. ocdina:ices
A. Consider adoption of or ordinance the award of
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competitive bids and prov ''.ing for
contracts for the purchase of materials.
contracts supplies or services. (5.A.1. - Bid I
4 #1154, 5.A.2. - Bid #1166, 5.A.3. - Bid #1172) i
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B. cConsider ompetitive dbids o and of an ordinance &ccePting
( 6. !
contracts Bid #1153, .A.5. - Bidr#1159 Improvements.
5.A.4. B
Bid #1168)
C. Consider adoption Of an ord inance approving
ine
C payment of the City of Dentons share of
annual administrative e for participation and
the Upper Trinity Regional
expenditure I
rizing the R
1 (TheoPubli: Utilities Board recommends approval.)
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E City of Denton City Council Agenda
rd November 20, 1990
rage 4
D. aConsider greement adoption he an ordinance nDenton approving g the
Upper Trinity Regional Water District providing
for interim wastewater treatment servicea. (The
Public Utilities Board recommends approval.) I
E. Consider
amendment ad`ctithe of Interim ordinance disposal y1
contract between the City of Denton and the City
of Argyle extending the contract term to June 30,
1991. (The Public Utilities Board recommends
approval.)
P. Consider adoption
Code oa Ordinancescrelatingito
Chapter 12 of f the
notice, abatement, and the levying of the cost of
abatement against property where the owner
thereof fails to keep the property free of
garbage, trash, rubbish, high grass and weeds or
fails to
required by Chapter 12; providing d for roost,
from assessment; and providing a severability
clause.
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0. Consider adoption of an ordinance approving a
contract between the City of Denton and the City
of Bowie for the sale of power and energy.
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T. Resolutions
i A. Consider approval of a resolution authorizing the
Mayor to execute an agreement between the City of
Denton and County of Denton for the provision of
library services.
I B. Consider approval of a resolution appointing
members to the North Texas Higher Education
Authority.
6, Miscellaneous matters from the City Manager.
A. Delivery of the 1990-91 printed budget
Official Action on Executive Session Items:
9.
A. Legal Matters
B. Real Estate
C. Personnel
D. Hoard Appointments
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City of Denton City Council Agenda
November 20, 1990
Page 5
10. New Business:
This item provides a section for Council Members to
a+ suggest items for future agendas.
11. Executive Session:
A. Legal Matters Under Sec. 2(e), Art. 6252-17
/ V.A.T.S.
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B. Real Estate Under Sec. 2(f), Art. 6252-17
V.A.T.S.
C. Personnel/Board Appointments Under Sec. 2(q), I
Art 6252-17 V.A.T.S.
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NOTE: THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO
EXECUTIVE SESSION AT ANY TIME REGARDING ANY ITEM FOR WHICH IT
IS LEGALLY PERMISSIBLE.
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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, j
on the day of 1990 at O'clock
(a.m.) (P.m.)
CITY SECRETARY
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CITYW DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 566.8200
M E M O R A N D U M
TO: Lloyd Harrell, City Manager
FROM: Rick Svehla, Deputy City Manager
DATE: November 16, 1990
SUBJECT: 2499 Task Force Activities
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The Denton representatives to the Task Force have been
faithfully attending the meetings for the last several months.
We are fast approaching the culmination of the environmental
impact statement.
t At the last meeting, the consultant talked about completing the j
statement, and in order to do that, we must have some expertise 11
for archeological and historical data and water quality and
biotic information included in the study. The Highway
Department has indicated that these must be included for the
study to be complete. You and the Council may recall that
'here were special provisions in the contract with the DeShazo,
Starek & Tang that separated this funding from the original
contract price. Mike Starek, from the consulting firm, has
indicated that he believes the cost for these three items to be E
approximately $25,000 - $30,000.
The original funding for the $100,000 study was agreed on
formally by Council through an interlocal agreement that
provided funding from the County at 504, from the City of
Highland Village at 254, and from the City of Denton at 254.
Since then, we have had two other cities join the Task Force,
Corinth and Copper Canyon. At the last meeting, both of these
cities indicated that trey had no funding available to help
with these additional costs. There was reluctance expressed by
all the other entities as to funding capabilities also. Since
there is no funding from the smaller cities and since we will
face additional costs in the future, if we are to get 2499 L
ultimately extended to the future Loop 268, it would seem
appropriate that the 25/25/504 funding scenario still seems
appropriate. This is particularly true since the portion of
the road we are talking about now is not in the City of Denton
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Lloyd V. Harrell
r November 16, 1990
Page 2
city limits. 1 have discussed this item very briefly with the
Task Force members, and I believe there is concurrence with
this strategy. If the Council is so inclined, we would suggest
that the Task Force be directed to proceed in this manner.
As indicated earlier, we have not funded for this additional e
cost in this year's existing budgets. However, we had set
aside some money In the transportation budget to do consulting
studies on various traffic and intersection improvements for
the coming year. It would seem appropriate that money in this
account could be used for our share. It has also been
determined that our Water Department will be able to provide
data and information from our present as well as historical
data that will satisfy the extra water quality issues that have
to be addressed in the study. It would seem appropriate that
since this would be part of our donation thrt the cost of this
work should be taken into account when computing our additional
costs.
Finally, on a note that involves no funding and is really very
good news, at the last meeting all the involved entities
indicated a preference for alignment N4. This alignment would
come north from 407, veer a little bit to the east around the
Porter property and then back west and then alraost straight
north through Pilot Knoll Park. It would then cross the lake
and veer in a westerly direction almost to the city limit lines
between Corinth and the City of Denton at Teasley Lane. With
thb confirmation of formal approval from all the entities, this
would solidify the alignment and give us something to present
to the Highway Department. It is a major step forward in
finishing the study and presenting a viable alternative to the
Highway Department that is agreed upon by all of the entities.
I think it will help us to continue to keep this project moving
forward.
Members of the Task Force along with myself and other staff
I will be at your meeting Tuesday evening to discuss any other
issues th the Council might have.
R ck Svehla
Deputy City Manager
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CITY of DENTON ! 215 E. McKinney / Denton, Texas 76201
M E M O R A N D U M
a a■ a r a a a
TOs Mayor and Members of the City Council
FROMs Bruce Beningtone Superintendent of Building Operations
DATES November 16, 1990
SUBJECT: Roof Study
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in October of 19890 the Building Operations Division and our roof consultants
Mike Barton of Armko Induatriea0 completed a roof study projecting time frames
ff and costa for repairs and replacement of the roofs on 20 General Fund
I buildings. The study allows ce to take a methodical approach to repair roofs
and also allows us to plan and budget for long-term funding obligations.
It is our intention to F'esent this study to you# gbringetheitentire s conetudyp.h nd
answer any questions you may have. We includes pictures.
The study's purpose is to identify problem areas on the subject roof areas and
recommend solutions to these problems and, in addition, the potential effect
each condition can have on the facility described.
The study is broken into two major areas. The first is a roof inspection
report which includes
A. Interior and exterior examination of all roof-related sheet metal,
parapets, copings, flashing:, roof mat, deck system, and all
penetrations and/or projections through the roof system.
Be Ccoss-section analysis of core samples of the roof membrane.
C. Analysis of insulation and topside of deck syster.
D, Moisture meter readings of insulation and/or membrane as required.
Be Bitumen chemical analysis.
F, Establish roof priorities if applicable.
Based upon the existing conditions of the facility, we are providing
recommendations and realistic long-term solutions to our roofing problems,
taking into consideration all suitable alternatives.
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The second area includes the following,
A, Building and/or roof designation on shop dra*4ing as required.
B. Existing conditions.
C. Recommendations.
NOTE, The existing conditions will dictate our recommendations to VVi
resolve the problems. 1
D, project cost estimate (see attachment). l
E. Photographs.
We have also given you two special reports on two buildings, the Municipal
Building and the Central Pire Station. We did this because these two roofs
are unrepairable and are in dire need of immediate attention. These reports
are an example of the study which was completed on all General Fund buildinge,
This major study in 1989 recommended that the Municipal Building be totally
replaced. Again in July, after many leaks, we conducted more tests on the
municipal Building roof. The condition of the roof continued to deteriorate
(see attached municipal Building inspection report).
on November 90 1990, we received the bids back on the municipal Building
roof. The low bidder was Mr. Joe Mulroy of CBS Mechanical at 5137,372600. J
$132o952.00. in
The 1989 study projected a replacement
and remeveorusted 1
will also have to pay
out, antiquated electrical equipment on top of the roof which is 22 years
old. Wa are also projecting =5,000.00 per specifications to cover the cost of
replacement of the roof ,deck and nailers as needed. This brings the j
total to 11594367.00 ($137,372 + 16,995 + 50000!. I
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in the 1990 rain season, Denton County was declared a disaster area, and we
applied for federal assistance to repair damage on the Municipal Building
roof. The federal government indicated that after the work is completed we
will receive money to cover 75 percent of the approved damaged area. The
federal government agreed that the center portiol, of the building was damaged,
but the rest of the building was previously damaged and, therefore, was not
covered. The projected reimbursement is 1270499,50 of that portion allowed, 4
The following is a breakdown of costs to re-roof the Municipal Buildings I
Cost to re-roof per Bid 11162 1137,372.00
Electrical panel removal 16,995.00
I Deck replacement if needed 50000.00
Federal government reimbursement (27,499650)
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TOto l $1310861.50
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It must be noted that the completion of this project will be a tremendous
challenge. It will take approximately 35-40 days to complete. There will be
many leaks, odors, and inconveniences. To say the least, many staff and
citizens will be affected to some degree. The entire building will not have
electricity for one weekend, and parking will be affected due to equipment and
material storage. When completed, we will have a new roof guaranteed by the
material manufacturer for 15 years.
ell, WORM
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in the same 1989 study, the Central Fire station was scheduled for major
repair in 1990 and replacement in 1998. The projected cost of repair and
replacement was $510500.00. This last winter, with the 40 temperature, the
roof contracted/expanded and destroyed the roof's integrity (see attached
Inspection report). This building which houses 14-24 staff members (most of 1
them remain in the building 24 hours a day) is now unrepairable. We are
fighting constant leaks and much damage to our internal assets.
The low bidder for the Central Fire Station was Jabeau with a bid of
$47,369.00 plus $1,000 for deck damage. We will have a new roof with a 15
year guarantee provided by the material manufacturer. Both the Municipal
Building and the Central Fire Station qualify for Certificate of Obligation
funding due to the fact that these are not maintenance projects but B total
tear-off and new installations,
The following is a list of project costs for the new roof of the Central Fire 19
Stations
Central Fire Station Re-roof bid 41163 $47,369.00
Central Fire Status Deck Replacement 1.000.00
if needed
Total $48,369.00 I
It is our recommendation that we try to replace both roofs in this budget
year, 1990-91. The cost of both of these projects with the reimbursement from
the federal government amounts to S1e0r216.50. At the present time we are
inveotigating the advantages of combining this Certificate of obligation sale
3
with others that will come later in the year. If we do Ibis, we may postpone
the acceptance of the bid until the latest possible date or decide to re-bid
if that is our beat option.
E
Bruington
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Copy to Betty McKean
Attachments
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AN ARMKO INDUSTRIES, INC., INSPECTION REPORT
FOR
CITY OF DENTON y
MUNICIPAL BUILDING
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4 215 EAST MCKINNEY
DENTON, TEXAS I
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0 The contents of this report are considered ~
to be private data of Armko Industries,
Inc., and are provided for the exclusive
use of City Of Denton, Denton, Texas;
therefore, the contents herein may not be
used or reproduced without the specific
written permission of Armko Industries,
` Inc. I
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July 11. 1989
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Mr. Bruce Hennington
I City Of Denton 3003 LBJ FRWY., SUITE 237
DALLAS, TEXAS 75234
215 East McKinney
214/243
Denton, Texas 76205 -5441
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SUBJECT: ROOF INSPECTION REPORT FOR THE MUNICIPAL BUILDING
LOCATED AT 215 EAST MCKINNEY, DENTON. TEXAS
{
Dear Mr. Hennington: j
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i The enclosed report is based on our recent inspection of the subject facility.
Its purpose is to identify problem areas on the subject roof areas, and
recommend solutions to these problems. In addition, the potential effect each }
condition can have on the facility has been described.
The roof inspection included: {
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A. Interior and exterior examination of all roof-related sheet metal, ~
parapets, copings, flashing, roof mat, deck system, and all penetrations
and/or projections through the roof system.
B. Cross-section analysis of core samples of the roof membrane. I
C. Analysis of insulation and topside of deck sys~em.
D. Moisture meter readings of insulation and/or membrane as required.
E. Bitumen chemical analysis.
F. Establish roof priorities if applicable.
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Based upon the existing conditions of the facility, we are providing
recommendations and realistic long-term solutions to your roofing problems,
taking into consideration all suitable alternatives.
The report includest
1.00 Building and/or roof designation on shop drawing as required.
2.00 Existing Conditions
3.00 Recommendations
NOTE: The existing conditions will dictate our recommendations to
resolve the problems.
4.00 Cost Feasibility Study/Project Cost Estimate ,
5.00 Photographs
After establishing which alternative beat meets your requirements, we are
prepared to provide you with the information necessary to receive quotations
for the project from contractors. This would include drawings,
specifications, necessary bidding conferences, assistance in contractor and `
bid evaluations, and follow-through of the project to completion.
f
I CORPORATE OFFICE: 3003 LBJ FRWY. • SUITE 237 • DALLAS, TX 75234 • 214/243-5441 • FAX 214/241.8921
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Mr. Bruce Hennington
City Of Denton
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July 11, I Z9
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All of these services will be coordinated with your input in order to achieve
a completed package tailor-made to most your specific requirements.
Should you require further assistance, please be assured we are re ly to be of
service.
Sincerely$
Mike Barton
Roof Systems Specialist
MB/tlc
Enclosure
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CITY OF DENTON - MUNICIPAL BUILDING, DENTON, YEXAS - PAGE l
2.00 EXISTING CONDITIONS
2.01 General: The inspection on this facility was performed on June 8,
1989. The total area covered by this report as per client is
approximately 33,238 square feet.
2.02 Roof Areas: The following areas are covered in this report:
Built-Up Roof Areas and Urethane Roof Areas. (See enclosed +
diagram.) !I
2.03 Site:
Built-Up Roof Areas are approximately 25,418 square feet.
Urethane Roof Areas are approximately 7,820 square feet.
Physical total area of roof system is approximately 33,238 square
feet.
2.04 Nomenclature - Built-Up Roof Areas:
Deck: Structural concrete.
Insulating Board: One (l) layer of 25/32" rigid wood fiberboard
insulation having on R-value of 2.78.
Attachment: Insulation is solid m.:pped to the concrete lick
l with hot applied bitumen at the approximate
.J rate of thirty (30) pounds per 100 square feet. '
Built-up Roof: Ori inalt (Lower Built-Up Roof) Consists of
three (3 plies of organic 15-pound felts and i j
a2phalt bitumen.
Cap She at: (Upper Built-Up Roof) Consists of 1
a asbestos 15-pound base ply and three (3)
plies of asbestos 15-pound felts and asphalt
bitumen.
Attachment; Elp halt: The asphalt built-up roof was
adhered to one (1) layer of 25/32" rigid wood
fiberboard insulation solid mopped to the
original roof membrane.
Interply: Original: (Lower Built-Up Roof) Interply was
observed to be asphalt bitumen applied at the
approximate rate of fifteen (15) pounds per 100
square feet.
Cap Sheet: (Upper Built-Up Roof) The interply
Nas observed to be asphalt bitumen, with
variable application rates of approximately
twenty (20) pounds per 100 square feet.
Flood Coatt Asphalt bitumen with medium application rate of
30 pounds per 100 square feet.
Surfacing: Light-colored roof aggregate, with approximate
application rate of 350 pounds per 100 square
feet, with approximately 100 of the 350 pounds
locked Into the flood coat.
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LC' CITY OF DENTON - MUNICIPAL BUILDING, DENTON, TEXAS - FACE 2
2.05 Nomenclature - Urethane Roof Areas:
Deck: Structural concrete,
Insulating Board: One (1) layer of 25132" rigid wood fiberboard
insulation having an R-value of 2.78.
Attachment: Insulation is solid mopped to the concrete deck
with hot applied bitumen at the approximate
rate of thirty (30) pounds per 100 square feet.
Built-up Roof: Originals (Lower Built-Up Roof) Consists of
three (3) plies of organic 15-pound felts and
asphalt bitumen.
Interply: Original: (Lower Built-Up Roof) Interply was
observed to be asphalt bitumen applied at the
approximate rate of fifteen (15) pounds par 100
square feet.
Flood Coat: Asphalt bitumen with medium application rate of
30 pounds per 100 square feet.
Surfacing: Light-colored roof aggregate, with approximate
application rate of 330 pounds per 100 square
feet, with approximately 100 of the 350 pounds
locked into the flood coat.
Polyurethane The polyurethane roof was noted to be r.
Roof: consistent l" to 1-1/4" thickness at the
various core areas. The density of the
polyurethane foam was observed to fail within
the normal specified range of 2-1/2 to 3-114
pounds per cubic foot.
Costing: The coating applied to the polyurethane roof
appears to have been applied in two coatings.
Average thickness of the coating was 30 to 33
mil dry thickness fairly consistently over the
entire roof.
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CITY OF DENTON - MUNICIPAL BUILDING, DENTON, TEXAS - PAGE 3
2.06 Specific Conditions For Built-Up Roof Areas:
2.06.1 Reported Leaks: Facility personnel reported few interior
leaks originating from this roof area. This is misleading.
However, because the building's concrete decks prevents
the migration of moisture into the facility except at
through-deck penetrations and projections.
2.06.2 Deck: Inspection from below and visual inspections from
core areas roofeide revealed no damage to the structural
concrete deck.
2.06.3 Insulation Board: Analysis of the wood fiberboard 14 1
insulation via core samplings revealed its condition to be
fully saturated, and thereby deteriorated throughout.
The cause of this condition is believed to be due to the
effects of ponding water and the consequences associated
with it. This condition is discussed in much detail in
Section 2.06.7. It is also suspected that during the
installation of the new air-handling equipment, that the
roof membrane was exposed to much operational abuse. This
along with construction supplies and equipment loaded and
resting on the roof membrane without protection pads or
supports have fractured the membrnno, and thus allowed
I V~ moisture (i.e., water) to penetrate the assembly and
contribute to its saturated condition.
Core sampling and analysis as well as moisture probes with
a Dalmhorst Moisture Metes have confirmed its saturated
condition throughout, with a high degree of standing water
suspected.
2.06.4 Roof Mats The roof mat is a four-ply (shingled) built-up
system of proper design and installation. Interply
bitumen levels end adhesion ratios are adequate despite
widespread blistering due to fractures in the roof
membrane. Interphase adhesion is nonexistent due to
breakdown of insulation, considering its saturated state,
that is oleo responsible for the serious breakdown'and
total deterioration of the base plies of the membrane.
The vapor drive from the insulation is a direct cause of
interphase and interply blistering that is occurring.
Air expands on heating and contracts on cooling. Air in a
confined space, such as between plies of roofing felts,
exerts pressure upon heating, and this pressure causes
blisters. A major factor contributing to this pressure is
moisture in the roof system, because when water changes
from liquid to vapor, it expands up to 1,5OU times its
original volume; therefore, the pressure to cyclical in
nature, being greatest when the temperature is the
highest.
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CITY OF DENTON - MUNICIPAL 8UILDINC, DENTON, TEXAS - PACE 4
2.06.4 Roof Mat: - Continued
The direct cause of the moisture in the insulation, in our
opinion, is due to a combination of the effects of ponding
water, the result of operational abuse during construction
projects, and the lack of proper protection and
termination of the roof membrane.
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Considering the state of the insulation, excessive dead
weight stored on the roof easily compresses and eventually
fractures. With this as well, normal foot traffic on the
roof with the blistered state will allow construction
personnel to rupture the membrane.
Aside from the causes of the deteriorated roof membrane,
the moisture contained in the insulation has weakened the
organic plus of the membrane that provide the system
tensile strength, that will promote widespread splitting
upon any form of movement, expansion and contraction. j
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The problem of splitting is complex. It is caused by a
combination of factors occurring in such a manner that the
breaking stresses of the roof membrane are exceeded. If
there is o week place in the built-up roof, there is a
good chance that a split will develop there. Properly
applied, a built-up roof can withstand the normal stresses
duo to changes in temperature. However, stresaee can
increase dramatically from the structural response to
excess loading and extreme changes in temperature.
Wet organic felts are much weaker than dry felts, and
constant wetting and drying will result in an overall
weakness. Rain or other precipitation often accompanies
rapid drops in temperature, adding moisture to the
membrane at the time most splits occur, weakening it
still further. In addition, moisture already present
f within the membrane is subject to freezing in winter and
vaporizing In summer, and this expansion of the moisture
will accelerate the deterioration process.
In several areas the flashing along the expansion joint is
badly deteriorated and has become loose at the top edge.
These openings allow moisture to penetrate beneath the
roof mat. This condition can cause leaks and damage to
the roof mat and deck.
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CITY OF DENTON - MUNICIPAL BUILDING, DENTON, TEXAS - PAGE S
2.06.5 Projection Flashing: The flanges on some of the
projections are beginning to saw through the roof mat, and
some of the vertical projections through the roof mat show
signs of slight cracking at their bases. These conditions
are attribut0le to thermal movement.
There are a large number of small cracks and openings
around the bases of the roof projections. These openings
are caused by thermal movement of the roof mat, and tan
allow mclsture to enter the roof system.
Pitch pans are designed to hold a pouring of bitumen
around roof projections. The pitch pan is filled with
asphalt that becomes hard and brittle. The vibration of
the element projecting through the pen slowly cracks and
chips away the waterproofing material. Movement, coupled
with shrinkage of the waterproofing material leads to the
slow breakdown of this roofing element and provides A sure
source of leaks. j
2.06.6 Perimeter Flashing: Approximately 80% of the problems
incurred on a roof system are first detected along the j
perimeters, whether these perimeters consist of flashing*
around projections, parapet walls, metal edge systems,
rising walls, and/or expansion joints. Elimination of
perimeter problems eliminates approximately 80% of the
1 problems.
The flashings around the perimeter of this roof are
showing signs of deterioration, i.e., cracks, splits, and
pinholes. This juncture of the vertical surface of the
roof with the horicontal flashing is an Brea of high
movement and stress.
The perimeter and projection flashing has begun to
detdriorate and has many open joints, splits, cracks, etc.
This flashing was never protected from ultraviolet rays
and is rapidly deteriorating and drying out. Water
entering through the flashings has traveled under the roof
mat and caused blisters in these areas.
The perimeter of the roof consists of a metal edge gravel
stop flange. The joints along the metal edge system are
opening, and the flange itself is sewing through the roof
mat due to thermal movement. The expansion and
contraction of the metal is approximately seven times
greater than the roof mat, causing a sawing action. This
movement causes the joints to open or crack, and the
flange to raise up.
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CITY OF DENTON - MUNICIPAL BUILDING, DENTON, TEXAS - PAGE 6
2.06.7 Ponding Water: Water should drain from a roof immediately 1
following a rain. If it does not, it is called ponding or
standing water. Standing water is considered to be a
problem when it stands for more than 4 hours after a rain,
and is a major problem if it stands for more than 24 hours
after a rain.
Standing water is a cause of accelerated deterioration of
the roof system, and increases the potential for leaks.
Leaks in ponding water areas are more troublesome because
there is more water available. Drainage problems are
created by blockage of the drainage system, excessive
deflection of the roof, and/or poor design practices.
Ponding water accelerates the deterioration of a built-up
roof. Bituminous materials, especially asphalt, will
absorb small amounts of moisture. If these bituminous
materials are exposed to the weather, the rote is
increased. Also, some asphalt bitumen contains
rater-soluble constituents, and constant exposure to
moisture will eventually cause a leaching-out of these
constituents and erosion of the asphalt.
Organic felts can absorb large amounts of water over a
period of time. Even the smallest crack in the surface
' coating can allow significant amounts of moisture into the
felts via a wicking action. Exposed edges of felts are 1
also subject to the some problem, because the water is in
contact with the felt for a much longer period of ties. 1
The consequences of a leak are magnified when o leak
occurs in an area of ponding water, simply because there
is more water available to enter the building. Also,
standing water areas usually accumulate water from large
areas of the roof surface, vastly increasing the amount of
water in that area.
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CITY OF DENTON - MUNICIPAL BUILDING, DENTON, TEXAS - PAGE 7
2.07 Specific Conditions for Urethane Roof Areast
2.07.1 Deck! This type of substrata is not normally the beat
application for a polyurethane roof due to the fact the
old gravel was not removed from the roof system before the
application of the urethane foam. This condition makes
for poor adhesion to the original substrate. However, no
adverse circumstances were noted on this roof that could
have been contributed to by deck movement.
2.07.2 Coating: Coating deterioration was noted on this roof in
the following ways:
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a. Separation of the coats in ponding areas.
b. Deterioration of the foam coating to the extent that
the polyurethane foam is exposed, and also
deteriorating.
This is the most problematic condition affecting the
urethane roof areas, and is responsible for the continued
deterioration of the overall roof system.
2.07.3 Blisterst Multiple blisters between the coating and the {
polyurethane foam roof were noted. It appears that in
\ these areas, the polyurethane foam had over-cured or was a
bad mixture, thereby preventing the coating from bonding
properly.
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2.07.4 Ponding Matert Another major problem, ponding water, was
noted in several areas on this roof, especially in the
drain line between drains. The ponding car has
contributed to coating deterioration in savers] areas.
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r CITY OF DENTON - MUNICIPAL BUILDING, DENTON, TEXAS - PACE 8
3.00 RECOMMENDATIONS
3.01 Recommended Procedures:
Based upon our analysis of the existing conditions, we have h~
determined that all roof areas on th'.s facility are 1
non-maintainable. The problem (existing) conditions identified
during our inspection are not correctable via maintenance
specifications.
Due to the fact that the existing roof assembly is wet, rules out
any chance of attempting maintenance directed at putting the
present roof assembly back "in the dry". Since corrective or
preventative maintenance is out of the question, it is our
recommendation that the original roof and insulation be removed,
and a new roof installed.
Studies were made of all major manufacturer's specifications.
Suitability for type of substrate, method of application,
durability, strength, total effective life, maintenance procedures
and requirements, conformance to Factory Mutual I-40 wind uplift x, I
and Underwriters Laboratory Class A, heat absorption,
compatibility, availability of qualified applicators, and warranty
from manufacturer were considered.
At this point, design criteria and required design changes were
identified from an analysis of the existing conditions of the
project roof areas.
3.02 Design Criteria:
. Factory Mutual Class I - Wind Uplift
. Underwriters Laboratory Class A Fire Rating
. Long-Term Weatherability
Minimal Maintenance Requirements
. Minimum Effective Cost Over Thirty-Year Expected Life
Existing Construction, Access A Lccation of Project Roof,
. System Must Accept Operational Abuse
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3.03 Required Design Changes:
j Roof System that is Unaffected by Ponding Water
. Pitch Pan Design
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CITY OF DENTON - MUNICIPAL BUILDING, DENTON, TEXAS - PAGE 9
3.04 System Desiyln_ Building use, design, deck sup#4 t, type of
construction, and existing roof conditions and :squired design
changes were carefully studied and appropriate roof systems and
type of materials were chosen to solve tte existing conditions on
this facility on a long-term basis.
f At this point, a number of major manufacturer's specifications
' were reviewed, keeping in mind the required design criteria and
necessary design changes.
Conventional asphalt built-up roof systems (Celotex, GAF,
Manville, OCF) were reviewed, and found to be short of meeting the
design criteria. Also, conventional coal-tar built-up roof
systems (Koppers) were reviewed and quickly discarded due to the
high cost of maintenance and lack of ability to withstand traffic.
A number of APP and SBS Systems were reviewed (Siplast, Tri-Ply,
Tamko), and found to be short of meeting the design criteria.
Inability to withstand ponding water, elongation, granules and I
} seaming methods all fell short of the design criteria. 1
None of the single-ply systems (c,arlisle, 1. P. Stevens, Alkor,
Cooley, Firestone and Duro-Last) were capable of meeting the f
design criteria established by your existing conditions.
Hyload, Inc., was chosen as the manufacturer of the reroof system,
I using their 150E System which will most and exceed all required I
design criteria. The 150E is a coal-tar extended elastomsric
60 mil membrane reinforced with polyester fiber and when installed
as outlined, the manufacturer will furnish a 15-year warranty
covering labor and materials. This is based on two plies of
Type IV fiberglass and one ply of 60 mil Hyload 150E.
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Having daterminod the proper system, we then ran a project ccot
} estimate and a project cost feasibility study as followst
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e CITY OF DENTON - MUNICIPAL BUILDING, DENTON, TEXAS - PAGE 10
4.00 COST FEASIBILITY STUDY/PROJECT COST ESTIMATE
4.01 Coat Feasibility Study - System A: Hyload Coal-Tar Extended
Elastomeric Membrane, Specification No. 150E
A. Cost per square foot ...............................$4.00
B. Warranty period from Manufacturer: 15 years
C. Maintenance required over roof life ................$0.25
(Per square foot coat based on current dollars)
ay D. Total effective life with maintenance: 25 to 30 years*
E. Coat per square foot per year of total
effective life at 25 years ...............................$0.17
at 30 years ...............................$0.14
4.02 Summary Cost Feasibility Study:
Total approximate square footage of the Municipal Building Roroof
Area is 33,258 square feet.
COST PER
MAINTENANCE TOTAL SQ. FT.
INITIAL COST OVER TOTAL COST EFFECTIVE PER YEAR
COST LIFE OVER LIFE LIFE* OVER LIFE
System A $132,952 $8,309 $141,261 30 years 110.14
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The cost data provided above to bated upon current dollars, and
should be + 5% of the actual project coat. No allowance has been
made for possible inflation.
*Life expectancy of each roof system is based upon proper
preventative maintenance and national averages. These estimates
ore not to be construed as either a guarantee or warranty.
4.03 Conclusion= Based upon our cost feasibility study, System A, the
Coal-Tar Elastomeric Roof System, is the most coot-effective
alternative.
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In addition, based upon the criteria established, we are
recommending the use of a coal-tar extended slastomeric roof
system as manufactured by Hyload, Inc., Pittsburgh, Pennsylvania.
This system exhibits both the qualities of an sla tomeric
single-ply membrane and the strength and durability of a built-up
type (multiple plies) roof assembly. This system in its natural
state will accommodate an abnormal rate of movement as well as be
unaffected by ponding watcr due to the natural characteristics of j
coal-tar. `
Also, due to the amount of equipment and abuse this area will
take, the coal-tar membrane roof system is moat appropriate f
because of its durability. }
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CITY OF DENTON - MUNICIPAL BUILDING, DENTON, TEXAS - PAGE 11
4.04 Project Cost Estimates
Reroofing Cost Estimate ........................$132,952
Consultingt Schedule C (Bid Package,
Specifications, and Construction
Documents) $ N/C
Major Phase Inspections H /C
TOTAL: 9132,952
TOTAL PROJECT COST ESTIMATE:
S132,952 °
The cost data provided above is based upon current dollars, and
should be + 51 of the actual project coat. No allowance has been
made for possible inflation.
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AN ARIMMO INDUSTRIES, INC., INSPECTION REPORT j
FOR 1
CITY OF DENTON
FIRE STATION NO. 1 (CENTRAL)
217 W. McKINNEY STREET
±`t DENTON, TEXAS
P '
The contents of this report are considered
to be private data of Armko Industries,
Inc., and are provided for the exclusive
use of City of Denton, Denton, Texas;
therefore, the contents herein may not be
used or reproduced without the specific
written permission of Armko Industries,
Inc.
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November 16, 1990
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Mr. Bruce Hennington
City of Denton
215 East McKinney o
Denton, Texas 76205 3003 LBJ FRWY„ SUITE 237
VAI) DALLAS, TEXAS 75234 s
SUBJECT: REVISED ROOF REPLACEMENT SCHEDULE
FOR FIRE STATION NO. 1 (CENTRAL) 214/243-5441
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Dear Mr. Henningtonr
The enclosed report is based on our recent inspection of the subject facility.
Its purpose is to identify the conditions which led to the premature failure
of the roof assembly. In addition, the potential effect each condition can
have on the facility has been described.
The roof inspection included:
1
A. Interior and exterior examination of all roof-related sheet metal,
parapets, copings, flashings, roof mat, deck system, and all penetrations
and/or projections through the roof system.
B. Cross-section analysis of core samples of the roof membrane.
C. Analysis of insulation and top side of deck system. i
D. Moisture meter readings of insulation and/or membrane as required.
E. Bitumen chemical analysis.
F. Establish roof priorities if applicable.
G. Analysis of waterproofing requirements. 1
Based upon the existing conditions of the facility, we are providing
recommendations and realistic long-term solutions to your roofing problems,
taking into consideration all suitable alternatives.
The report includes:
1.00 Building and/or roof designation on shop drawing as required.
2.00 Revised Conditions
3.00 Recommer.dations I
NOTE: The existing conditions will dictate our recommendations to I
resolve the problems.
4.00 Budget Projections
Should you require further assistance, please be assured we are ready to be of
service.
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Sincerely,
Michael Barton
Roof Systems Specialist
MB:msa{(
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Enclosure
CORPORATE OFFICE 3003 LBJ FRWY. • SUITE 237 • DALLAS, TX 75234 £14/243-5441 • FAY 214!241-8921
r<',..< CITY OF DENTON - FIRE STATION NO. 1 (CENTRAL) - DENTON, TEXAS - PAGE 1
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2.00 REVISED CONDITIONS
2.01 Size:
Built-up Roof Area is 10,225 square feet.
Standing Seam Metal Roof is 2,500 square feet.
Physical total area of roof system is approximately 12,725 square
feet. The age of the roof system is approximately ten (10) years.
2.02 Fire Station No. I (Central) Roof Area:
2.02.1 Nomenclature - Approximately 10,225 Square Feet of Exposed_
Built-Up Roof:
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Deck: 22-gauge metal deck.
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Insulation: One layer of 3/4" perlite having an
R-value of 2.78. Insulation is ribbon 6
mopped to the flats of the steel deck. r
Built-Up Roof: Base and three plies of fiberglass Type 1V '
felt and asphalt bitumen.
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Attachment: Solid mopped to perlite insulation with E
approximately 15 to 20 pounds of asphalt
bitumen per 100 square feet.
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Interply: Approximately 20 to 25 pounds of asphalt
bitumen per 100 square feet.
Flood Coat: Asphalt bitumen applied at the approximate
rate of 50 to 60 pounds per 100 square
s feet.
Surfacing: Consists of spec gravel aggregate applied
at the approximate weight of 400 to 450
pounds per 100 square feet.
1. 2.02.2 Nomenclature - Approximately 2,500 Square Feet of 1
Approximate 24-Gauge Standing Seam Metal Roof: I
Polyurethane overlay adhered directly to standing seam
Roof: roof. The polyurethane roof was noted to
be of an inconsistent thickness averaging
from 1/2" to 1-114" in thickness.
Acrylic The coating applied to the polyurethane
Coating: appears to be of average thickness. The
coating was approximately 30 mil dry
thickness, fairly consistent over the
r- entire roof. I
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CITY OF DENTON - FIRE STATION N0. 1 (CENTRAL) - DENTON, TEXAS - FACE 2
2.02.3 Roof Mat: The most problematic conditions currently
affecting this assembly, and the rationale for the revised
roof replacement are as follows: It tas stated in our
original report that this roof should last another 7 to 9
years if some repairs are performed. However, as you
know, we experienced tremendously cold weather this past
winter when temperatures dropped to below 10° and remained
there for 3 to 4 days. This extremely low, uncommon
temperature drop to the area caused radical movement in
the form of contraction in the building, substrate, and
supporting components. In addition, this condition caused
the moisture entrapped inside the roof system to freeze.
When water freezes, it expands exerting pressure on the
roof felts causing them to split. These splits have
caused this roof to start leaking over the firemens'
dormitories and kitchen areas creating a low-maintainable
condition. The following is an in-depth explanation of
the phenomenon known as "splitting" and its causes and
effects.
Roof splits are thin cracks in the roof membrane. They
are distinguished from hairline cracking in that, (1) the
splits are in straight lines, (2) the crack goes all the
way through the roof membrane, and (3) splits are a cause
of roof leaks.
The problem of splitting is complex. It is caused by a
combination of factors occurring in such a manner that the
breaking stresses of the roof membrane are exceeded. If
there is a weak place in the built-up roof, there is a
good chance that a split will develop there. properly
applied, a built-up roof can withstand the normal stresses
due to changes in temperature. However, stresses can
increase dramatically from the structural response to
excess loading and extreme changes in temperature. If a
weak place occurs at an area of stress concentration, roof 4
' splits are likely to occur.
Splits can be repaired successfully. Unfortunately, when
j splitting occurs it is often a warning of continuing
problems. Unless the split is caused by isolated
structural movement that can be corrected by the
installation of expansion joints, the chances of the roof 1
continuing to split are high.
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Splits normally occur at the overlap of the felts, since
the overlap can be a week area and a place where stress
concentrations develop. Splits also frequently occur at
joints in the rigid board insulation or at the junction of
some structural members.
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CITY OF DENTON - FIRE STATION N0. L (CENTRAL) - DENTON, TEXAS - PACE 3
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2.02.3 Roof Mat; - Continued
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Splits usually occur during rapid drops in temperature. A
roof surface over insulation is subjected to greater
temperature fluctuations than the ambient air temperature.
In the daytime, a roof's temperature is higher then the
air temperature, and at night, the roof's temperature is
lower than the air temperature. When its temperature
drop a, the roof membrane shrinks, but the attachment of
the roof membrane to the insulation, deck, and edges
I prevents it from changing dimension, resulting in tension.
Suspended ceilings and rigid board insulation can
contribute to the problem of large fluctuations in
temperature in the roof membrane. Heat from the
building's interior can stabilize the roof temperature by
warming the membrane through radiation, so a suspended
ceiling acts as a barrier between the interior temperature
and the roof membrane temperature. Rigid board insulation
also isolates the membrane from the stabilizing effect of
heat from the building's interior, further increasing the {
temperature variance.
M The roof membrane is not the only material that expands
and contracts with changes in temperature. The roof
insulation also expands and contracts, as do the deck and
structural supports.
Another contributing factor is the deflection or
deformation of the deck due to the weight of snow, ice, ;
and ponding water, which can all accompany severe
` fluctuations in temperature. Deflection of the roof deck
{ causes tension at many areas in the roof. This is
particularly true at beam column rows and walls. The area
directly over a structural support is subjected to tension j
as the deck and joists deflect on either side of it. A
j high degree of stress is added to the roof in these areas
and can contribute significantly to roof splits,
especially if the insulation joints correspond closely to
the supports. 1
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Constant movement is one of the most important causes of
splitting. Constant movement or flexing of the roof ;
4 membrane leads to fatigue failure, which is a phenomenon
well understood in most structural materials but not
generally where roof membranes are involved. While most
` substrate movement involves relatively small movements,
the cross section of roof involved is also small,
resulting in relatively high strains. This constant high
strain can eventually lead to fatigue failure in the form
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CITY OF DENTON - FIRE STATION NO. I (CENTRAL) - DENTON, TEXAS - PACE 4
2.02.3 Roof Mat: - Continued
Moisture is another key to roof splits. Stet organic felts
are much weaker than dry felts, and constant wetting and
drying will result in an overall weakness. Rain or other
precipitation often accompanies rapid drops in
temperature, adding moisture to the membrane at the time
most splits occur, weakening it still further. In
addition, moisture already present within th4 membrane is
subject to freezing in winter and vaporizing in sinner,
and this expansion of the moisture will accelerate the
deterioration process.
Poor application procedures contrib+.ite significantly to
splitting. One common problem is the manner of
overlapping felts. Crooked lines or mopping to the wrong
line can cause fewer plies in areas, resulting in a l
built-in week spot. Also, a three-ply application is
typically accomplished by overlapping 24-2/3 inches,
leaving an exposure of 11-1/3 inches. If the contractor
sets the roll at 24 inches and 12 inches, the safety
factor is eliminated and there are only 2 plies at the
overlap. This problem is aggravated by mopping behind the
line. Mopping behind the line is common, because the
roofer can then see the line, but this not only results in
pour overlapping, but also in curled felts, where the edge
of the felt is not adhered and curls up. Then, if the
flood coat does not adequately cover theme curled edges,
the felt can wick water.
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3.00 RECOMMENDATIONS
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3.01 Recommended Procedures:
Hosed upon our analysis or the existing conditions, we have
determined that the roof on this facility is non-maintainable.
I The problem (existing) conditions identified during our inspection
are not correctable via maintenance specifications.
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Studies were made of all major manufacturer's specifications.
Suitability for type of substrate, mothod of application,
durability, strength, total effective life, maintenance procedures
and requirements, conformance to Factory Mutual I-90 wind uplift
i and Underwriters Laboratory Class A, heat absorption,
compatibility, availability of qualified applicators, and warranty
from manufacturer were considered. Specifications for reroofing
via use of hot applied built-up modified bitumen membranes are
recommended for reroofing the non-maintainable facility.
3.02 System Design: Building use, design, deck support, type of
construction, and existing roof conditions and required design
changes were carefully studied and appropriate roof systems and
type of materials were chosen to solve the existing conditions on
this facility on a long-term basis. At this point, the project
has been put out for bid and a low bid received from Jabeau
Roofing, Inc. in the amount of $47,369.00 for a total reroof. The
system provided includes a fifteen (15) year warranty, and will be
able to accommodate the conditions which have led to the current
system's failure.
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rhr,..i~ CITY OF DENTON - FIRE STATION NO. 1 (CENTRAL) - DENTON, TEXAS - PAGE 6
4.00 BUDGET PROJECTIONS
Original Budget Projection ...................................$46,013
Jabeau Roofing Project Bid ...................................$47,369
The cost data provided above is based upon current dollars and
should be + 52 of the actual project cost. No allowance has been
made for possible inflation.
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+ CITY OF DENTON CITY COUNCIL MINUTES
OCTOBER 23, 1990
The Council convened into a Special Call Meeting at 5:15 p.m. 1
in the Civil Defense Room.
PRESENT: Mayor Castleberry; Council Members Ayer, Gorton,
Hopkins and Trent.
ABSENT: Mayor Pro Tem Boyd; Council Member Alexander
1. The Council considered adoption of an ordinance
amending Chapter 26 (Vehicles for Hire) of the Code of
OrdinaNces to provide for a temporary increase in taxicab rates.
Lloyd Harrell, City Manager, stated that this would be a
temporary increase in the rates with a consideration for a
permanent change following a public hearing.
The following ordinance was considered:
NO. 90-166
AN ORDINANCE OF THE CITY OF DENTON# TEXAS AMENDING
CHAPTER 26 (VESICLES FOR HIRE) OF THE CODE OF
ORDINANCES TO PROVIDE FOR A TEMPORARY INCREASE IN
TAXICAB RATES; AND PROVIDING FOR AN EFFECTIVE DATE.
Hopkins motioned, Ayer seconded to adopt the ordinance.
Council Member Gorton expressed concern that there was no
sunset clause included in the ordinance.
City Manager Harrell replied that it was cleaner to adopt the
ordinance without a time imit as the rates would not change
based on the proposed slid zg scale for rates.
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Council Member Alexander joined the meeting.
The Council voted on the motion. On roll vote, Trent 'aye,'
Alexander 'aye," Hopkins 'aye," Gorton 'aye,' Ayer `aye,' and
Mayor Castleberry "aye." Motion carried unanimously.
2. The Council considered adoption of an ordinance
approving a contract retaining R. William Wood to represent the
City in claims against August International Company and
Washington National Insurance Company.
The following ordinance was considered:
NO. 90-167
AN ORDINANCE OF THE CITY OF DENTON APPROVING A
CONTRACT RETAINING R. WILLIAM WOOD TO REPRESENT THE
CITY IN CLAIMS AGAINST AUGUST INTERNATIONAL COMPANY
AND WASHINGTON NATIONAL INSURANCE COMPANY; AND
PROVIDING FOR AN EFFECTIVE DATE.
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city of Denton City council minutes
October 23, 1990
Page 2
Hopkins motioned, Gorton seconded to adopt the ordinance. On
roll Vote, Trent "aye," Alexander "aye," Hopkins 'aye,' Gorton
"aye," Ayer 'aye,' and Mayor Castleberry 'aye." Motion carried
unanimously.
L srr Council Members Ayer and Trent expressed concern regarding the
high amount of legal fees.
3. The Council considered adoption of an ordinance
amending the schedule of electric rat,is by deleting Schedule RW
(Religious Worship)) and by adopting a new schedule TGS
(General Service Time of Use Rate).
Bob Nelson, Executive Director for utilities, stated that
subsequent to a City Attorney's office opinion that the
Religious Worship (Rw) electrical rate was probably unlawful,
the Utilities Board reviewed the rate schedules. He stated
that that particular rate class was not subsidized by the City
or by any other customers. If the RW rate was abolished and
those customers put on the general service rate, smaller
customers would come out bet'.er but medium to large customers
would experience a 25-30% increase. Time of use rates and
other rates were looked at in order to accommodate those
customers. The Public Utilities Board recommended adopting
both alternatives which included a modified time of use rate
and a weekend use rate. The time of use rate would be
available to anyone. There would be a facility charge of
would0remper ainm in rate wa set for $ The weekend rate t would
probably be the category most of the churchs would do best in.
Council Member Hopkins asked what would be done between now and
I June for those customers wanting to go on the time of use rate.
Nelson replied that they would initially go to the GS rate for
small churchs and the others would go to the weekend rate.
Then an analysis would be done to determine the best category
for those customers.
The following ordinance was considered:
NO. 90-168
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING
THE SCHEDULE OF ELECTRIC RATES BY ADOPTING AN AMENDED
SCHEDULE TGS (GENERAL SERVICE TIME OF USE RATE)) AND
} PROVIDING FOR AN EFFECTIVE DATE.
Hopkins motioned, Plexander seconded to adopt the ordinance.
On roll vote, Trent "aye," Alexander "aye," Hopkins "aye,'
Gorton "aye," Ayer 'aye,' and Mayor Castleberry 'aye.' Motion
carried unanimously.
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City of Denton City Council Minutes
October 23, 1990
Page 3
4. The Council considered adoption of an ordinance
amending the schedule of electric rates by deleting Schedule RE
(Religious Worship); and by adopting a new Schedule WK (Weekend
Rate),
The following ordinance was considered:
NO. 90-169
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING
THE SCHEDULE OF ELECTRIC RATES BY DELETING SCHEDULE RW
(RELIGIOUS WORSHIP) BY ADOPTING A NEW SCHEDULE WK
(WEEKEND RATE); 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 "aye,' and Mayor Castleberry 'aye.' Motion carried
unanimously.
5. The Council received a report and held a discussion I
regarding an update on the strategic planning session of the 1
City of Denton Executive Staff.
Lloyd Harrell, City Manager, presented an update on the movie
proposed to be f.lmed in Denton and the requirements presented
by the movie people to staff.
Betty McKean, Executive Director for Municipal Services and
Economic Development, presented a tentative schedule for the
shooting. Shooting would begin November 6. November 6, J, 8 1
and 9 shooting would be at Evers Hardware and the downtown
area. November 13 would be shooting in the City Hall hallway.
November 16 would begin the shooting at the corner of Eagle and
Dallap Drive. Shooting there would be for approximately 11 j
days and would require the intersection to be closed from 11:00
a.m. to 11:00 p.m. for those 11 days. Police officerb would be
hired to direct traffic all along the route during the closed
periods. Signs and barricades would be in place all the way
from Teasley at Dallas Drive, south to Prairie and Dallas
Drive. A map as well as information about the shooting, would
be in the newspaper several days prior to the actual date.
Businesses and home owners on the detour route, as well as
those surrounding the movie shooting would be notified. The
movie company would be expected to pay costs for the police
of ficer4, for all signage and barricades as well as
improvements to Johnson/Wye/Cook streets, in order to
accommodate the heavy traffic and to assure safety.
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City of Denton City Council Minutes
October 23, 1990
Page 4
Rick Svehla, Deputy City Manager, stated that the main problem
was the traffic under the overpass with sounds echoing there.
A complication was the one way streets in the area and the lack
of bypass streets in the area. Svehla presented the detour
route around the area. Traffic would be routed to Johnson, Wye
and Cook streets. Wye street would be changed to a one-way
street temporarily to accommodate traffic. The changes would
be substantial and would affect approximately 25-30,000
vehicles. The first two days of the closing would be the
hardest. Trucks would not use the detour and would go to
another route. Lots of signing would be needed, at least six
off-duty officers would be needed to help with the traffic flow
and some paving would be needed to accommodate the traffic on
the detour route.
Council Member Gorton asked if the businesses knew yet of the
truck route.
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Joann Ballentine, Denton Chamber of Commerce, stated that
personal visits would be made to the businesses in the area to
inform them of the truck route.
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Jerry Cott stated that there were about 40 Hispanic men who
wait on South Locust every morning for work and wanted to make ;
sure that those men did not loose any money due to the street
closing.
Council Member Ayer wanted to riake sure that the movie company
would pay the costs involved in closing the intersection.
Before he could vote for the issue, he wanted a formal contract
detailing all the expenses the movie company would pay for. He
asked what Denton would receive for the street closing, etc.
McKean replied that there would be a lot of money spent in
Denton during the shooting of thaa movie. She would be able to
detail that amount further at the next Council meeting.
Lloyd Harrell, City Manager, stated that he would like to bring j
Council up-to-date on the exercise the Executive Staff
participated in during its planning seminar. Ideally, the
Council would be involved in that process and provide immediate
feedback but it was difficult to schedule due to everyone's
calendars. The Executive Staff participated in three days of
intensive work involving an assessment of the current
organization, identifying strengths and weaknesses, seeking
opportunities to do new and better work and formulating
strategies to pursue those opportunities. The Executive Staff
had met t,ith the Department Directors to discuss the results of
the session and were prepared to begin work on action plans.
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City of Denton City Council Minutes
October 23, 1990
Page 5
staff Council review and approval was needed in order to ensure that
The Mission Statement from the seminar was To be a leader
among cities in delivering outstanding quality services and
products through citizen involvement, innovation and efficient
use of resources'. To be successful and achieve the mission
statement, strategies must be developed to achieve success
and if the
elements i
statement would he reached elements were Yeand tstrategies
included:
(1) Involve
create citizens iandsbusinesslowner deliver
implement a volunteer program Program'
implement an 'Adopt-A-
implement a work release program
citizens that would
implement training programs
reduce City costs and /or improve service delivery
(2) Aggressively involve citizens in mutual goal setting
process of the election and delivery of services and products
conduct citizen surveys
initiate a conprehensive neighborhood planning program 1
establish a 2000 Committee
conduct periodic town meetings
perform the function of a public information officer
(3) Identify and implement new revenue sources
implement a demand side energy and water program
implement a drainage utility
implement special and public improvement districts
establish payments in lieu-of-taxes and other state aid
t (4) Become
promote unique unique architecture in the Metroplex
aggressively market University activities and
opportunities
emphasize cultural attractions I
` promote entryway regulations and beautification
programs
implement greenbelt including water feature in Civic
Center Park
Make Jazz Peat and Festival of Lights regional events
(5) Expand and diversify local economy by attracting and
expanding desirable commercial, industrial and education
enterprises
develop partnerships with large developers `
locate a research center in the City limits
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City of Denton City Council Minutes
October 23, 1990
Page 6
establish an aggressive marketing program including
the I-35 corridor
complete utility expansion program
implement an aggressive business retention program
complete Hwy 2499 and Loop 288
Harrell continued that after staff received Council feedback
and made any adjustments Council desired, staff would take the
plan out to the whole organization, initiate some task forces
and work plans to make sure that the strategic strategies
happened.
6. The Council convened into the Executive Session to
discuss legal matters, real estate, and personnel/board
appointments (considered annua) evaluations of the Municipal
Judge, City Attorney and City Manager, and considered an
appointment to the Park and Recreation Board.)
The Council convened into open session and took the following
action: {
A. Alexander motioned, Trent seconded to appoint Tom
Judd to the Park and Recreation Board. Motion carried ,
unanimously.
With no further business, the meeting was adjourned.
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BOB CASTLEBERRY, MAYOR
CITY OF DENTON, TEXAS
JENNIFER L R J
CITY SECRETARY
CITY OF DENTON, TEXAS I
33110
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CITY OF DENTON CITY COUNCIL MINUTES
OCTOBER 30, 1990
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The Council convened into the Special Call Session at 7:00 p.m.
in the Council Chambers.
PRESENT: Mayor Castleberry; Mayor Pro Tem Boyd Council
Members Alexander, Ayer, Gorton, Hopkins and
Trent.
ABSENT: None
wr:G-
1. Pledge of Allegiance II
Council and members of the audience recited the Pledge of
Allegiance.
Mayor Castleberry presented a proclamation for 'Up With People
Day'.
2. The Council held a public hearing regarding a
temporary closing of the intersection of Bell Avenue and Eagle
Drive and considered for further action.
Betty ticKean, Executive Director for Municipal Services/
Economic Development, stated that there was a dedication to the
arts in Denton. The downside of the proposed movie project was
the traffic problems, The upside was the positive economic
advantages to the City of Denton including hotels, meals, J
supplies, etc. to be spent here in Denton. The production
company anticipated spending over a million dollars on the
Denton location with an estimate of three-quarters of a million I
dollars to be spent in the City of Denton. A tentative
schedule had been prepared with the following dates: (1)
November 6 - begin filming on the square and at Evers Hardware,
(2) November 10 and 12 - filming on Locust Street, {
If (3) November 13 - filming on the Square and in City Hall,
(4) November 15 - filming outside of Denton and (5) November 16
- Dec. 1 - filming at the Wye motel site, Staff was continuing
to work on a letter of agreement with the movie company for the
expenses of the barricades, signs, off-duty police officers,
etc. The company had already made a direct deposit in a local
bank for paving expenses for the detour area. Payment for the
use of City Hall would be in the form of two bicycles donated
to the COPS program to be used in community interaction in the
affected area. A certificate of insurance had been received
or protection of the City's liability in the amount of
5 million, Truck rerouting would go along Willow Springs
Drive to McKinney or if going in the other direction, they
would be diverted by Teasley. Car traffic would begin a detour
on Johnson Street to Wye and Cook Streets. One lane of traffic
would be open south Bell to Eagle. No light would be working
to allow for a smooth flow of traffic. McKean read a
memorandum from Catherine Tuck indicating a message of support i
from John Gavin, General Manager of the Sheraton Hotel.
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October 30, 1990
Page 2
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Joann Ballentine, Staff Director of the Denton Convention and
Visitors Bureau, stated that the Holiday Inn and the Sheraton
Hotel would be housing many of the crew and actors for the
movie. It would generate more than $50,000 for the hotel
properties which did not include miscellaneous items such as
meals. A production house had been secured for approximately
two months. Many other businesses had already been impacted by
the production. Morrison Milling and Trinity Industries had
been visited and did not have a problem with the plan and had
signed a petition stating that fact. Businesses which used
Morrison's scale had also been contacted and they indicated
they did not have a problem with the detour route. Ballentine
read a letter of support from David King - Shoney's.
The Mayor opened the public hearing.
George Gilkeson felt that the movie would be a wonderful
opportunity to help the Hispanic community in Denton. Hispanic
extras would be hired to work in the movie. He strongly
recommended the Council approve the street closings.
Fred Pole, Chamber of Commerce, stated that the movie project
could be considered an economic development project for the
City of Denton. He hoped the Council would approve the project.
Barbara Russell stated that the City was looking for economic
development and although the project was not permanent, it was i
a good asset to the City.
Fred Hill stated that he was not sure what the impact would be
on his business but he was willing to take a chance on what the
impact would be.
David Biles stated that the Main Street Program supported the
project and encouraged the Council to support the project. He
had not personally heard any negative comments regarding the
project,
Alvin Whaley stated that although he was not in opposition to
the project, it would haYa a great negative impact on his
business. He had not been contacted until today regarding the
W ect He had calculated that he would lose approximately
00-5,000 for the 14 days the intersection would be
closed. He asked who he was to contact regarding the loss.
Council Member Trent asked for his hours of operation.
Whaley replied 7:30 a.m. - 5:30 p,m. Monday through Saturday.
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City of Denton City Council Minutes
i october 30, 1990
Page
Council Member Alexander stated that there would be one lane of `
traffic open from Bell to Eagle. Was that considered in
Mr. Whaley's calculations.
Whaley replied that it would help but he would still lose money
on the project.
Mayor Pro Tem Boyd felt that staff was to have contacted
everyone in the area.
Whaley stated that on a percentage basis, he would be affected
more than anyone in the area.
Mayor Castleberry stated that the lane of traffic next to his
business would be open. Did Whaley know that before he made
his calculations.
Whaley replied that the Chamber of Commerce had contacted him
today as did a representative from the newspaper. His
calculations were based on that information.
John Whaley stated that he did not want to pit a kink in the
production but did want to know where to seek compensation
regarding lost revenue.
The Mayor closed the public hearing.
Mayor Pro Tem Boyd requested an answer from the City Attorney
regarding Mr. Whaley's revenue question.
Debra Drayovitch, City Attorney, stated that the City would not
be responsible for losses connected with the movie production.
Cot:ncil Member Hopkins stated that she understood the closing
would be for t shorter period of time rather than 14 days.
McKean stated that the plan suggested was a worse case
scenario. It might be possible for periods of time to reopen
the streets for dinner breaks, lighting chenges, etc. There
was room for some easing of the impact. She felt that no one
was left out when contacting businesses. Many contacts were
{ made on Friday and Monday and businesses were contacted as
quickly approach e movie felt company. anyone seeking compensation
should Lloyd Harrell, City Manager, stated that the original memo had
indicated 10 days for the street closing but that the schedule
was lengthened during the last week. He stated that although
there were many positives with the production, the proposed
intersection was the second busiest in the City and closing
that intersection would bring a substantial number of
complaints.
City of Denton City Council Minutes
October 30, 1990
Page 4
Discussion was held concerning alternative routes for the
detour in the Wye/Cook Street area.
Council -:ember Gorton asked where the six police officers would
be stationed.
r Rick Svehla, Deputy City Manager, stated that two officers
would be on Dallas Drive, one on Johnson Street, one on
Teasley, one on Eagle and one on Robertson.
After discussion of Council regarding the positive economic
benefits to the City and the negative traffic concerns, Hopkins
motioned, Boyd seconded to direct staff to prepare the
necessary legal documents for closing the proposed streets for
the movie filming. On roll vote, Trent "aye,' Alexander 'aye,"
Hopkins 'aye,' Gorton "nay,' Ayer 'aye,' Boyd 'aye,' and
mayor Castleberry 'aye.' Motion carried with a 6-1 vote.
3. Miscellaneous matters from the City Manager.
Lloyd Harrell, City Manager, stated that he had no items for
the Council.
4. New Business:
The following items of New Business were suggested by Council
Members for future agendas:
A. Mayor Pro Tem Boyd requested Council consider a
number of alternatives presented for the television
broadcasting of City Council meetings.
5. The Council convened into the Executive Session to
discuss legal matters, real estate, and personnel/board
appointments (continued annual evaluations of the Municipal
Judge, City Attorney, and City Manager).
The Council returned to open session and took the following
action:
A. Boyd motioned, Alexander seconded to grant the
municipal Judge a 2% annual salary increase, the City Attorney
a 2% annual salary increase and to furnish the City Manager a
leased automobile. Motion carried 6-1 with Council Member
Trent casting the 'ray" vote.
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City of Denton City Council Minutes
October 300 1990
Page 5
With no further business, the meeting was adjourned.
BOB CASTLEBERRYp MAYOR
CITY OF DENTON, TEXAS
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JENNIFER
CITY SECRETARY {
CITY OF DENTON# TEXAS
3313C
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DATE: November 10, 1990
CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
FROMs Lloyd V. Harrell, City Manager
SUBJECTI Taximeter= Rates to be charged
a►
Recommendation: Council approve variable rate schedule based on fuel price.
SUMK&RYI TaxiCab mileage rates will be based upon the price of fuel actually I
PaI Sy taxicab companies and verified by the city. All changes will require
the purchase of fuel for thirty (30) consecutive days at a cost that would
require a change in the mileage rate. The City Manager must authorize each
rate change.
i
Ba~ckgrro_u~nds Fuel prlcps have increased b a
y thirty per cent since ~
t the last permanent taxicab rate increase in 1989.~imFucl prices are e
remain volatile for the foreseeable future due to the middle-east crisisd and
tax increases. Adjustments based on fuel coats will eliminate the need for j
future policy changes with each increase or decrease in fuel prices.
Programs, Departments or Groups Affected: Taxicab companies. Citizens.
Fiscal Impacts None.
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Respectf lly submitted
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Prepared by: City Manager
'ri►cttL i~a ~:t~-~~
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Risk Manager
Approved:
3
Jo F. McGrane
E ct,tive Director of Finance
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:
ORDINANCE N0.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SECTION 26-52
(a) OF THE CODE OF ORDINANCES 7'0 PROVIDE FOR THE AUTOMATIC
ADJUSTMENT OF TAXI RATES BASED UPON FUEL COSTS; REQUIRING OWNERS TO
KEEP RECORDS OF FUEL COSTS; PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $500.00 FOR THE VIOLATIONS THEREOF: AND PROVIDING FOR AN
EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That Section
amended to read as follows 26-52 (a) of the code of ordinances is
Bea. 26-52. Taximeter] rates to be charged.
(a) Passengers will be charged as determined by the taximeter
a minimum fare of one dollar and thirty cents $1.3) for the
first one-tenth (1/10) mile. For each additional Oone-tenth
mile from the point of pinkup to the point of destination the
mileage rate charged shall be based upon the price of fuel paid
by the taxi company, as follows:
Gasoline Price Mileage Rate
$0.60 - 0.80 $0.10
0.81 - 1.00 0.11
1.01 - 1.20 0.12
1.21 - 1.40 0.11
1.41 - 1.60 0.14
{ 1.61 - 1.80 0.15
1 1.81 - 2.00 0.16
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Any change in the mileage rate charged must first be authorized
by the City Manager or his designee in writing. The City
Manager shall authorize a mileage rate change based on receipts
showing the taxi company purchased gasoline for thirty
mileagetrates ay Each owner shall maintain require records ashowing the
price paid for gasoline for a period of sixty days from the
date of purchase and shall make the records available for
inspection by the City upon request during normal business
hours.
SECTI_ ON II_ On the effective date of this ordinance, the
mileage rate is established at $0.13 per one-tenth mile, without
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further written authorization of the City Manager. Any change in
the mileage rate established by this ordinance shall be made in
accordance with the provisions of this ordinance.
SECTION II, Any person who shall violate a provision of this
ordinance, or fails to comply therewith or with any of the require-
ments thereof, or of a permit or certificate issued thereunder,
shall be guilty of a misdemeanor punishable by a fine not exceeding
Five Hundred Dollars ($500.00). Each such person shall be deemed
guilty of a separate offense for each and every day or portion
thereof during which any violation of this ordinance is committed,
or continued, and upon conviction of any such violations such
person shall be punished within the limits above.
SECTION III, That this ordinance shall become effective
fourteen days (14) days from the date of its passage, and the City
secretary is hereby directed to cause the caption of this ordinance
to be published twice in the Denton Record-Chronicle, the official
newspaper of the City of Denton, Texas, within ten (30) days of the
date of its passage. i
PASSED AND APPROVED this the day of 1990.
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BOB CASTLEBERRY, MAYOR
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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APPROVED AS TO LEGAL FORM: I
DEBRA A. DRAYOVITCH, CITY ATTORNEY
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DATE: 11/20/90
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CITY COUNCIL REPORT FORMAT
k
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FROM: Lloyd V. Harrell, City Manager
SUBJECTS REZONING OF PROPERTY ON UNIVERSITY DRIVE FROM THE 'A' AGRICULTURAL
DISTRICT TO THE 'GR' GENERAL RETAIL SERVICE DISTAICf
W
RECOMMENDATION:
The Planning and Zoning Commission unanimously recommended approval
of 2-90-007. (5-0)
SUMMARYi
This request is to rezone property located on the south aide of Hwy,
380, approximately 350 feet west of its intersection with Loop 288,
from Agricultural district to General Retail Service District for
the purpose of erecting an auto parts store. The proposed rezoning
is in compliance with the Denton Development Plan,
BACKGROUND:
On October 16, 1973, the City Council approved the rezoning of this
site from Agricultural district to Commercial district] however, no
ordinance was passed or approved, thus making this an invalid
rezoning.
On October 24, 1990, the Planning and zoning Commission unanimously
recommended approval of the rezoning to the General Retail Service
District in order to accommodate the use of an auto parts store.
PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED:
t Planning and Development Department and Code Enforcement
t
FISCAL IMPACT:
i -
Reapec illy submit d:
Prepared by:
Lloyd .Harrell
~A L City Manager
+cagen K. Feanari
Urban Planner
APPr
a H. IObbi 9, AICP
Executive Director
Planning and Development
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STAFF REPORT
To: Mayor and Members of the City Council
Case No.: Z-90-007 Meeting Date: November 20, 1990
GENERAL INFORMATION
- Applicant: Manufacturers Services, Inc, r
r 700 Dallas Drive
Denton, TX 76202
Status of
Applicant: Rob Raynor, Representative
Current
Zoning: "A' Agricultural District
Requested Action: Request for zoning change from "A"
Agricultural District to 'GR' General Retail
Service District,
Location and Size: 0.5+ acres located on the south side of
itigNwa
intersectionp with Lo p 2880 feet west of 3
Surrounding Land Use and Zoning:
I I
North - "C" Commerciale electric contractor, car sales lot,
automotive shop
South - PD-96, cluster housing
U I ! East - 'C' Commerciale Convenient store
West - "C' Commercial] Mini warehouse
Denton Development Plan: ~
Moderate Activity Center
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SPECIAL INFORMATION
Transportation: ,
The property fronts US 360 and curb cut issues related to
this tract have been approved through the platting process.
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(Case Z-90-007)
Page Two
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SPECIAL INFORMATION (Continued)
Utilities:
` Water, gas, sanitary sewer, telephone, electrical and solid
waste are available to this site.
Drainage:
According to the Development Review committee, the
development does not warrant any public drainage
improvementst however, the on-site drainage should be routed
to the rear of the lot, not towards the sides.
HISTORY
On October 16, 1973, Zoning Case No. Z-1209 was approved by the
City Council rezoning this tract from 'A" Agricultural District
to "C' Commercial Districts however, an ordinance was never
adopted which, in turn, made this an invalid rezoning.
On October 10, 1990, the Planning and Zoning Commission approved
the preliminary and final plats of the Shelley Addition, Lot 11
Block 1. The applicant is requesting that General Retail not
Commercial zoning be approved for this site in order to allow
for a used auto parts store.
On October 24, 1990, the Planning and Zoning Commission
unanimously recommended approval of the rezoning to the General
Retail Service District in order to accommodate the use of an
ILj t: auto parts store.
ANALYSIS
i This property is located in a moderate activity center in which
land use diversity is encouraged. Land use diversity, as
defined in the Denton Development Plan, is uses other than the
dominant land uses in the area such as commercial, retail,
light industrial, and office.
The applicant is proposing a used auto parts store for this
site. This property has the allocated trip generation for a
commercial type use.
At the time that Land Use Management Information Systems (LUMIS)
was established, the existing land roe on this parcel was a
commercial nursery] therefore, the trips dllocated reflect a
commercial use. The fzoning
isotattadd achedteforty your
he LUMISe will
this site (a copy y
of
reference). 1
(Case Z-90-007)
S a Page Three
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ANALYSIS (Continued)
The Denton Development Plan requires that a moderate activity
Center allot one-third of the land for commercial and retail
uses. In this particular area, the moderate activity center
encompasses 128.16 acres of land in which 42,72 acres re?resents
one-third of that total.
Existing commercial and retail uses as well as commercial and
retail zoning in the area reflect 37.19 acres of land, thus
leaving a surplus of 5,53 acres accordingly. 1
This zoning case is consistent with the one-third policy of the
Denton Development Plan,
RECOMMENDATION
Planning and Zoning Commission recommend approval for Z-90-007
(5-0).
ALTERNATIVES
c 1. Approve petition i
I 2. Deny petition
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ATTACHMENTS
1. Location Map a
2. LUMIS File for Study Area 42,
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ATTACHMENT 2
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LAND USE MANAGEMENT I14FORMATIOPI SYSTEM
PLANNING AND DEVELOPMENT DEPARTMENT
----CITYOFDENTON
Intensity area 42 Type: Moderate Intensity Trip3/ao 350
Traffic survey zones: 6543 6544A 6570A 6572A
Boundary description: North: University Dr., PD 119, TP and MKT Railroad
South: Audra,line 3ep.2F&MF in PO 96,Hwy 380,T&P RR
Date: 11/22/89 East: Loop 288
_ _ ------------West: Village East Dr.
LAND USE EXISTING LAND USE -CURRENT ZONING PLANNED DEVELOPMENTS-
CATEGORY UNITS ACRES INTENSITY ACRES INTENSITY ACRES UNITS INTENSIT
SF-16 ----------o-----------------0--------o--------0----------_----------------
SF-10>16 0 0
0 0 0 0 0 0 0 0
SF-7>10
2 0.52 20 0 0 0
IESS SF-7 0 0 0 0 0 3.5 34 340
MOD.IIOMES 0 0 0 0 0 0 0 U
DUPLEX
0 0 0 p 0 0 0 0
MF-R 0 0 0 0 0 0 0 0
!IF-1&2 132 6.11 1056 0
COM/RET 0 '1.02 4563 23.37 35190.5 618 200 4420
OFFICE 0 3.19 1116.5 0 0 23.5 0 8225
INDUSTRY 0 10.64 1117.2 0 0 0'
INSTI 14AL 0 0 0 0 0 0
PARKS 0 0 0 Z 0 0'
R/0/SPACE 0 0 0 0 0 0 0 0 0
TRANSPORT 0 32.51 0 0 0
AGRIC. 0 0 0 0 0
VACANT --U- 60.17 0 0 0 0 C
f - q-----------------
.70TAL 134 128.16 7873 23.37 15191 4--- 234 1458
INTENSITY CALCULATIONS
(1) Intensity area total tripps -128.16 times 350 44856! 1
(2) Trips allocated to oxisting land uses (built) 7873;
(3 Trips allocated to current zoning incl. P Ds (not built) 29776,
(4 Tripps allocated to vacant lands not zoned plus Agric. zoning V
(5 Zstimated unallocated intensity trips 1)m nus(2)+(3)+(4) 7208:
(6) Percentage of intensity trips allocated 84
-
ONE THIRD RULE CALCULATIONS
(1) Allocations for com\retail development Acr42.72 Trips
(2) Existing com\retail land uses (built) 7.02 2776F
456:
(3) Current zoning for com\retail land uses 30.17 1961].
(4 Total Trips\acres allocated (2) + (3) 37.19 24171
-----(51-Unallocated trips\acrss 5.53
1
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INT3NDITT A.63A o 42 6I=128.16Acass
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POuVD.UT 1)68C11IPTION
:ast: Loop 288
Nast: Village East Drive
NO rIt h: Univecsity Drive, includes PD 119, TP and MKT Railroad
f south: Audra Lane, a line aeparatLng 21 and M1 zoning in PD 960
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F Univeraity Drive and T c P and MKT Railroad f
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TFXAS, PROVIDING FOR A CHANGE
FROM AGRICULTURE (A) TO GENERAL RETAIL (GR) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION FOR LOT 1, BLACK 1 OF THE SHELLY
ADDITION LOCATED ON THE SOUTH SIDE OF HIGHWAY 380 (UNIVERSITY
DRIVE), AS IS MORE PARTICULARLY DESCRIBED HEREINT PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF, AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Denton has applied for a change in zoning
for Lot 1, Block 1 of the Shelly Addition from Agriculture (A) to
General Retail (GR) zoning district classification and use designa-
ticn; and
WHEREAS, on October 24, 19901 the Planning and Zoning
Commission recommended approval of the requested change in zoning;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
SECTIONI. That the zoning classification and use designation
of Lot 1, Block 1 of the Shelly Addition described in Exhibit "A",
attached hereto and incorporated herein by reference, is hereby
changed from Agriculture (A) to General Retail (GR) district
classification and use designation under the comprehensive zoning
ordinance,of the City of Denton, Texas.
f SECTION II. That the Zoning Map of the City of Denton, Texas,
adopted the 14th day of January, 19691 as an Appendix to the Code
of Ordinances of the City of Denton, Texas, under ordinance No. 69-
1, as amended, is further amended to show the change in the zonirj
district classification herein approved for the property herein
described.
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SECTION III. That the city Council of the City of Denton,
Texas, hereby finds that such change is in accordance with a
comprehensive plan for the purpose of promoting the general welfare
of the city of Denton, Texas, and with reasonable consideration,
among other things for the character of the district and for its
peculiar suitability for particular uses, and with a view to
•:onserving the value of the buildings, protecting human lives, and
encouraging the most appropriate uses of and for the maximum
benefit to the City of Denton, Texas, and its citizens.
SECTION IV. That any person violating any provision of this
ordinance shall, upon conviction, be fined a sum not exceeding
$2,000.00. Each day that a provision of this ordinance is violated
shall constitute a separate and distinct offense.
F
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SECTION V. That this ordinance shall become effective
fourteen days (14) days from the date of its passage, and he City
Secretary is hereby directed to cause the caption of this ordinance'
to be published twice in the Denton Record-Chronicle, the official
newspaper of the City of Denton, Texas, within ten (10) days of the
date of its passage.
PASSED AND APPROVED this the _ day of 1990.
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
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APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
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EXHIBIT "A" I
WHEREAS, Manufacturers Services, Inc. is the owner of a 0.5416 acre 1
tract in R.B. Longbottom survey AB.775, City and county of Denton,
Texas, and being the same (called) 0.548 acre tract shown in a
substitute trustee's deed to Texas Bank of Denton dated May 1,
1990, recorded in volume 2772, page 850, real property records of
Denton County, Texas, and being more particularly described as
follows. I
BEGINNING at an iron pin at the northeast corner of said 0.548 acre I
tract, said corner being on the south right of way of U.S. Highway
No. 380;
THENCE south 03 degrees 16 minutes 00 seconds east with the east
line of said 0.548 acre tract a distance of 170.07 feet to an iron
pin at the southeast corner of said 0.548 acre tract;
i
THENCE north 89 degrees 30 minutes 49 seconds west with the south
line of said 0.548 acre tract a distance of 140.71 feet to an iron
pin at the southwest corner of said 0.548 acre tract;
THENCE north 03 degrees 16 minutes 01 seconds west along and near
a fence line and with the west line of said 0.548 acre tract a
distance of 166.83 feet to an iron pin at the northwest corner of
said 0.548 acre tract, said corner being on the south right of way
of said U.S. Highway 380;
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THENCE northeasterly with said south right of way and with a curve
to the left having a central angle of 02 degrees 08 minutes 36
seconds, a radius of 3757.18 feat, a chord of north 81 degrees 10
minutes 05 seconds east 140.54 feet, and an arc length of 140.55
feet to the point of beginning containing 0.5416 acres of land.
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October 24,
Page 2
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111, Hold a public hearing to consider Z-90-0010 GRZ'
propert °General
y from "A" Agricultural District to ,s acres of land
Retail service District on approximately acres fl S50
located on the south side of Highway 380, approximately
ft. west of its intersection with Loop 288.
swithin 200'; two
Ten notices were mailed to property
were returned in favor, and zero In opposition.
Staff Report: Ms. Feshari reported that property is 0.5`
acres with frontage on US 380. Curb cut issues related to
the tract have been approved through the platting process.
According to the Development Revieub;ihmd~ainagehe
development does not warrant any p
improvements, however, the on-site drainage should be route
to the rear of the lot, not towards the sides OIlOctoberng
16, 1973, a zoning case was approved by the however, rezoni
this tract from Agriculture to commercial;
ordinance was never adopted which,1i90turhe planning alacs
rezoning invalid. On October lO9and Elna plats
zoning Commission approved the preliminary licant is
Addition, Lot It Block 1. The app
of the Shelly
requesting that the tract now be zoned GerAr o artsestore,n The
ch
anticipation of the development of an auto
property is located In a moderate activity center in whi
land use diversity is encouraged. Land use di a ruseslo as
defined In the Denton Development Plan (DDP), already thet ea s has than tth}ieelighCnlndustrial5eandnoffice. Thecpropertyma,
retail, allocated trip generation for a commercial type
use. At the time that Land Use Management on
the trips
Systems (LUM1S) was established, therefore,
this parcel was a commercial nursery;
allocated reflect Lo cLhtsrsite. use. DDP requires that Gill
not add intensity
he land area,f
center allot one-third of t
moderate activity the
{
commercial and retail uses. In this particular moderate activity center encompasses 128.16 acres of land In
which 42.72 acres s represents one-third of thaUtlllties eras II ~
zoning case Is consist,,nt with that policy.
available to the site. parts
f
Ms. Brock asked if the auto parts store will be used par 1
and salvage. '
ids. Fesharl said no.
sted approval of
Petitioner: Rob Rayner, 700 Dallas Drive, stated that he
was available to answer questions. He reque
the petition.
Mr. Appleton asked if the City's failure to approve an
ordinance had resulted In a financial burden to Mr. Rayner.
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= October 24, 1990
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Dtr, Rayner said that it will not if the case is processed
smoothly and is approved within an appropriate time frame.
No one was present to speak concerning the petition.
f Ms. Feshari stated that staff has worked with the applicant
and recommends approval.
Ms. Brock noted that this is a case where everyone thought
the zoning was in place but there was a slip-up. The City
is trying to rectify the problem. She closed the public
hearing.
It was moved by Mr. 8ngelbrecht, seconded by Mr. Kamman, and
unanimously carried (4-0) to recommend approval of Z-90-007.
Mr. Bolt arrived at the meeting.
IV. Hold a public hearing to consider an amendment to Article 17
"Sign Regulations" of Appendix B-Zoning Ordinance concerning
measuring sign height, a sign board of appeals, and special
exceptions, amend Article 23, deleting the Board of
Adjustments authority pertaining to Article 17.
Staff Report: Ms. Fesharl reported that after a lot of
meetings with citizen groups, the Beautification Commission
and staff have recommended an ordinance amending the sign
ordinance. The Government Affairs Committee of the Chamber
of Commerce and the Sign Task Force have also made
recommendations. In February of 1989 the City Council
requested that there be an annual review of the Sign
Ordinance by the community through the City staff. By
October of 1989 various community groups were reviewing all
of the standards. In August, the Mayor and the chairs of
PSZ, Governmental Affairs, and the Chamber Slgn Task force
agreed to proceed with sign amendments for which a consensus
was reached. As a result of hard work by citizens and
staff, four issues are now before the Planning and Zoning
Commission for consideration;
1. Measuring the height of a sign
2. Creation of a Sign Board of Appeals
3. Addition of "ground" as a possible view obstruction
4. Repealing Board of Adjustments powers pertaining to
Article 17
Ms. Brock clarified that the City Council asked for a review
of the sign ordinance but did not ask for annual reviews.
The Commission reviewed and discussed the propo-ed amendment
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and
ordinance. selection of They the proposed discussed Sithe gn Board powers of compositionj
eals.
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COUNCIL
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° DATE: 11/20/90
CITY COUNCIL REPORT FORMAT
T0: Mayor and Members of the City Council /
FROMt Lloyd V. Harrell, City Manager
SUBJECT: AMENDMENTS TO ARTICLES 17 AND 23 OF APPENDIX B, ZONING ORDINANCE
+t '
RECOMMENDATION:
The Planning and Zoning Commission recommend approval of the
proposed amendments.
SUMMARY:
I
The proposed amendments to Article 17 'Sign Regulatione' include
modification of measuring the height of a signs creation of a Sign
Board of Appeals and its criteria for granting a variances and the
addition of the ground to be considered a possible view obstruction.
The proposed amendment to Article 23 'Board of Adjustments' provides
for the repeal of the Board's power to grant variances, special
exceptions and appeals pertaining to Article 17, 'Sign Regulations.'
i 1
BACKGROUND: E J
i
In February of 1989 the City Council requested that the Sign
Ordinance be reviewed in one year by the community through the City
staff. By October of 1989 various community groups were reviewing
all of the standards. In Aug,ist, the Mayor and the chatra of Pi;,
Governmental Affairs, and the Chamber Sign Task Force agreed to
proceed with sign amendments for which a consensus was reached, f
As a result of hard work by the citizens and staff and with the {t
recommendation of the P69, four issues are now before City council
for consideration: a
16 Measuring the height of a sign
2, Creation of a Sign Rcard of Appeals
3, Addition of 'ground' as a possible view obstruction
4. Repealing Board of Adjustments powers pertaining to Article 17
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
1, Beautification Commission
2. Chamber of Commerce Governmental Affairs Committee
3. Sign Task Force of the Governmental Affairs Committee a
4. Sign owners
5. Sign Contractors
6. Planning and Development Department
7. Code Enforcement
B, Everyone who sees Denton
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City Council Report
Amendment to Appendix B, Boning Ordinance
November 20, 1990
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FISCAL IMPACT4
N/A
u_binitt~ed;
Resp42.
Prepared by. R 6
p Harrell
It ti - .Zj City anager
Ka en
K, Peanari
Urban Planner
APP ed• ~
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Prank H. Robbins, AICp j
Executive Director
Planning and Development
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ARTICLE 17 OF
APPENDIX B-ZONING OF THE CODE OF ORDINANCE RELATING TO SIGNS;
PROVIDING FOR THE CREATION OF A SIGN BOARD OF APPEALS TO HEAR
APPEALS, VARIANCES, AND SPECIAL EXCEPTIONS; PROVIDING FOR AN '1(
ALTERNATE METHOD OF MEASURING SIGN HEIGHT; AMENDING THE PROVISIONS
FOR SPECIAL EXCEPTIONS; SETTING FEES FOR APPLICATIONS TO THE SIGN
BOARD OF APPEALS; AMENDING ARTICLE 23 OF APPENDIX B-ZONING TO
krAv DELETE THE AUTHORITY OF THE BOARD OF ADJUSTMENT TO HEAR CASES
INVOLVING SIGNS; PROVIDING FOR A MAXIMUM PENALTY IN THE AMOUNT OF
$20000.00 FOP. '.IOLATILNS THEREOF; PROVIDING FOR A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
SECTION 1. That article 17, G, 1 (b) of Appendix B-Zoning is
amended to read as follows:
(b) Height. The maximum height of a ground sign
shall be determined by the method of measurement that
allows the greater height, as follows:
(1) Curb Line Measurement. Measure along a
vertical line extended upward from the nearest
curb line of the public street fronting the
premises where the sign is to be located, to
the maximum height allowed for the sign. From
that point, extend a horizontal line to where i
the sign is to be located. The horizontal i
line is the maximum height allowed at that
location. (See Appendix Illustration 14b) i
(2) Mural Ground Measurement. At the
highest point of the sign, draw a horizontal
line to the outer extremities of the sign. At
the center of the horizontal line, draw a
vertical line to the ground below. The
vertical line may not exceed the height
allowed for the sign at that location. (See
Appendix Illustration 14b).
SECTION ONN I1. That article 17, I of Appendix B-Zoning is
amended to read as follows:
I. APPEALS, VARIANCES AND SPECIAL EXCEPTIONS
1. ,~ian Board of Aogeals Created. There is hereby
created a Sign Board of Appeals consisting of five
members. Members shall be appointed by the City Council r
for a two year term, except that the Council shall 1
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designAte two members of the initial Board to serve one
year terms, or until their successors are appointed. The
Council may remove a board member for cause on a written
y~
charge after a public hearing. A vacancy on the board
shall be filled for the unexpired term. The Council may 1
appoint two alternate members to serve in the absence of
one or more of the regular members whe.i requested to do
so by the City Manager. An alternate member serves for
the same period as a regular member and is subject to
filled in member.
the
alternate manner members is regular
remo-.,al in among 11
vacancy am same
vacancy
manner as a vacancy among the regular members.
The Board eetingslof tadopt rules he Board govern its
at the
proceedings.
call of the chairperson and at other times as determine
the attendance of chairperson
and chairperson
b the administer Board.
All meetings of the Board shall be open to the public.
Each case before the Board must be heard by at least
four members. The Board shall keep minutes of its '
proceedings thW indicate the vote of each member on each +
question or the tact that a member is absent or fails to
vote. The Board shall keep records of its examinations
and other official actions. The minutes and records
shall be filed immediately in the Board's office and are
public records.
The concurring vote of four members of the Board is
necessary to:
i (1) reverse an order, requirement, decision, or
i determination of an administrative official;
(2) decide in favor of an applicant on a matter on
which the Board is required to pass under a zoning
ordinances or
(3) authorize a variation from the terms of the
sign ordinance.
2. me Qf t►,e Board. The Board shall have the
following powers
(a) To hear and decide an appeal that alleges error
;
in an order, requirement, decision, or determination made
by an administrative official in the enforcement of this
article.
(b) To hear and decide special exceptions to the
terms of this article when this article requires the
Board to do so.
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(c) To hear and decide on requests for variances in
the regulations of this article.
3. Appeals to the Board
y (a) Appeals may be brought by any person aggrieved
by a decision or by any officer, department, board, or
bureau of the municipality affected by the decision.
(b) The appellant must file with the board and the
official from whom the appeal is taken a notice of appeal
specifying the ground3 for the appeal. The appeal must
be filed within fifteen days after the decision of the
administrative officer. on receiving the notice, the
official from whom the appeal is taken shall immediately
transmit to the Board all the papers constituting the
record of the action that is appealed.
(c) An appeal stays all proceedings in furtherance
of the action that is appealed unless the official from
whom the appeal is taken certifies in writing to the
Board facts supporting the official's determination that
a stay would cause imminent peril to life or property.
In that case, the proceedings may be stayed only by a
restraining order granted by the Board or a court of
record on application, if due cause is shown, after
notice to the official.
(d) The Board shall Fix a reasonable time for the
hearing of an appeal, give notice of the hearing by
mailing notice to all real property owners located within
two hundred feet of the property on which the appeal is
made, as shown on the Zity's tax rolls, and by publishing
notice of the hearing in a newspaper of general
circulation in the City of Denton. The notices shall be
mailed and the notice published at least ten (10) days
prior to the date set for the hearing. Any party may
appear in person, by attorney, or by agent at the
hearing.
(e) the notice of appeal shall be accompanied by a
filing fee in the same amount as required for an appeal
to the Board of Adjustment. j
4. Vari; n ces to the Sign RagulaJlM.
(a) any person requesting a variance from the
provisions of the sign regulations shall submit an
application provided by the City, containing the
information and plans requested in the application, along
with the established filing fee.
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(b) The Board shall act upon the variance request
within a reasonable time. Notice of the hearing shall be
given in the same manner as for appeals to the Board.
(c) The Board may grant a variance from a
requirement of the sign ordinance if it finds all the
following exist:
(1) Without the variance, the applicant could not
make use of the sign otherwise permitted by the
ordinance;
(2) The variance is necessary because of a unique
condition or feature of the property not generally
common to other properties;
(3) The granting of the variance will not violate
the spirit or the intent of the ordinancep and
(4) The conditions or features which create the
need for the variance did not result from the
property owner's acts.
(d) The Board shall not grant a variance to any
applicant for personal convenience, financial hardship,
or other reasons unrelated to the property. If the board
f grants a variance, the variance shall be granted only to
the extent that is reasonably necessary to remedy the
hardship,
(e) All decisions of the Board granting or refusing
a variance shall be reduced to writing and signed by the
{ Chairperson. If a variance is denied, the decision shall
state the conditions for the variance which were not met.
If the Board grants a variance, the decision shall state
that all conditions for a variance were met, specify the
degree to which the regulations are being varied, and be
signed by the members voting in favor of the variance.
5, Special Exceptions, The Sign Board of Appeals
may grant a special exception from the provisions of this
article for the setback or height of a sign, other than
a portable sign, under the following circumstances:
(a) Visibility Obn-4,ructio.V. When fifty
percent (5h{) or more of the effective area of
a sign to be located in accordance with the
setback or height requirements of this article
would not be visible from at least one
"visiklility point" because of an existing
building, structure, or the ground,
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As used herein, "visibility point's shall
mean the viewing locations, at a height of six
feet, determined by extending the side yard
setback lines of the property so as to
intersect the curb line of the public street
fronting the property, then measuring from the
intersecting points along the curb line away
from the property in each direction fur a
distance of one hundred feet. If the street
fronting the property is one-way, the
visibility point in the direction from which
traffic approaches the property shall be used
to determine the visibility requirement. (See
Appendix Illustration No. 14d.)
(h) Medical Emergency Signs. When a
sign located on the property of an emergency
medical treatment facility would not, because
of the setback or height requirements of this
article, be readily visible from adjacent
public streets. For purposes of this
provision, "Emergency Medical Treatment
Facility" shall mean any hospital, clinic or
other facility where medical aid is offered to
' a person or animal who suffers an injury or
illness which requires immediate medical
attention.
In granting a special exception, the Sign Board of
Appeals shall specify by written order the setback or the
height that will be allowed, but in doing so shall not
allow deviation from the provisions of this article
beyond what is minimally necessary to remedy the
situation allowing for the special exception.
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6. Judicial Review of Board DeeisJ&1g. Appeals from i
any decision of the Board may be made in accordance with
the provisions applicable to appeals from decisions of
the Board of Adjustment. i
~E4SISN~IS~ V.at article 17 A, 60 (d) of Appendix B-Zoning
is amended to read as followss
i
d) Any person may appeal a denial, proposed
revocation, or revocation of a license to the Sign Board
of Ap;aals as provided herein.
SECTION IV* That article 17 B. 6, of Appendix B-Zoning is
amended to read as followss
66 .:evocation of Pexmitt Appeals. The Building
4 Official may revoke a sign permit for a violation of this
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article. The permit holder may appeal the revocation to
the Sign Board of Appeals.
SECTION V. That article 17, F, 2 of Appendix B-Zoning is
amended to read as follows:
2. Removals Anpealg,. If the person ordered to
correct a violation fails to do so within the time
specified, the Building official may remove or cause the
removal of t.ho unlawful sign. Any person aggrieved by
the order may file an appeal with the Sign Board of
Appeals.
SECTION VI. That article 171 F, 5. of Appendix B-Zoning is
amended to read as follows:
5. Appeal of cost Im: se s Levied. Any person may
contest the reasonableness of the cost of removal of a
sign imposed hereunder by filing an appeal with the Sign
Board of Appeals within twenty (20) days of the mailing
of the notice of the costs. The Board may uphold the
cost imposed by the Building Official or impose and levy
whatever cost it considers reasonable. Storage costs
shall not be appealable.
_ VII. That Appendix illustration 14b of Appendix B-
SECTION
Zonin) is amended as shown in the drawing attacher; hereto as
Exhibit A and incorporated by reference.
SEC2LON -Viii. That the application fee required to bo
submitted with the request for a variance is set in the amount of
$100.00.
SECTION JX. That article 23 of Appendix B-Zoning is amended
by adding a new paragraph F to read as follows:
F. SignA. The provisions of thin article shall not
apply to the regulation of signs. Appeals, variances and
special exceptions involving signs shall be heard by the
Sign Board of Appeals.
SECTION X. That any person violating any provision of this
ordinance shall, upon conviction be fined a sum not exceeding
$2,000.00. Each day that a provision of this ordinance is violated
shall constitute a separate and distinct offense.
SECTION XI. It any section, subsection, paragraph, sentence,
clause, phrase or word In this agreement, or application thereof to
any person or circumstance is held invalid by any court of
competent jurisdiction, much holding shall not affect the validity
of the remaining portions of this agreement and the parties hereby
declare they would have enacted such remaining portions despite any
such invalidity.
PACE 6
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SECri_ ON XII, That this ordinance shall become effective r
fourteen (14) days from the date of its and Secretpry is hereby directed to cause the caption of this ordinance
to be published twice in the Denton Record-Chronicle, the official
newspaper of the City of Denton, Texas, within ten (10) days of the
date of its passage.
PASSED AND APPROVED this the
day of , 1990. !
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80B CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
I APPROVED AS TO LEGAL FORM:
1 DEBRA A. DRAYOVITCH, CITY ATTORNEY
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k BY:
10960 1113190
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14b. MEASUREMENT OF HEIGHT
Maximum Height _
Horizontal Line SIGN
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SIGN I I
V- Vertical Line I
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Below Curbline I
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I STREET
" CURBLINE CURBLINE
MEASUREMENT OF IRREGULAR SIGNS
- Maximum Height
Imaginary line defining I SIGN
effective area of a sign
at its greatest extent. #►I i I
I I Horizontal line j
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Vertical Line i
EXHIBIT "A"
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Page 3
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Mr. Rayner said that it will not if the case is processed
smoothly and is approved within an -appropriate time frame.
No one was present to speak concerning the petition,
Ms. Feshari stated that staff has worked with the applicant
and recommends approval.
Ms. Brock noted that this is a case where everyone thought
the zoning was in place but there was a slip-up. The City
is trying to rectify the problem. She closed the public
(tearing.
It was moved by Mr. Engelbrecht, seconded by Mr. Kamman, and
unanimously carried (4-0) to recommend approval of Z-90-007,
Mr. Holt arrived at the meeting.
IV. Hold a public hearing to consider an amendment to Article 17
"Sign Regulations" of Appendix B-Zoning Ordinance concerning
measuring 'gn height, a sign board of appeals, and special
exceptions amend Article 23, deleting the Board of
Adjustments .athority pertaining to Article 17.
Staff Report: Ms. Fesharl reported that after a lot of
meetings with citizen groups, the Beautification Commission ~
and staff have recommended an ordinance amending the sign
ordinance. The Government Affairs Committee of the Chamber
of Commerce and the Sign Task Force have also made
recommendations. In February of 1989 the City Council
requested that there be an annual review of the Sign
Ordinance by the community through the City staff By
i October of 1989 various community groups were reviewing all
of the standards. In August, the Mayor and the chairs of
P$Z, Govornmental Affairs, and the Chamber Sign Task force
agreed to proceed with sign amendments for which a consensus
was reached. As a result of hard work by citizens and
staff, four issues are now before the Planning and Zoning ~
Commission for consideration:
1. Measuring the height of a sign
2. Creation of a Sign Board of Appeals
3. Addition of "ground" as a possible view obstruction
4. Repealingg Board of Adjustments powers pertaining to
Article 17
Ms, Brock clarified that the City Council asked for a review
of the sign ordinance but did not ask for annual reviews.
The Commission reviewed and discussed the proposed amendment
ordinance. They discussed the powers, composition, and
selection of the proposed Sign Board of Appeals,
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October 24, 1990
Page 4
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Mr. Morris encouraged the Commission to adhere to the
recedents laid out in the City Charter for the Board of
adjustment.
The Commission discussed the staff's recommended fee of $200
for appeals and variance requests to the Sign Board.
Cliff Reding stated that lie has been working with the Sign
Task Force. Ile has spent five months going over the sign
ordinance. The Sign Board seems like an effective idea. It
will w.,rk out well and peop'e will feel like they have
gotten a fair shake. An expensive fee will not work. In
some cases, a variance request might cost more than the cost
of the sign. He said that the City should not bother
creating a Sign Board if there is going to be an expensive
fee. The staff recommendations (excluding the fee) are
acceptable to the Sign Task Force, lie pointed out that
there will be unusual circumstances with signs. They come
up every day. Every business has its own image and way of
doing things. Some places will not have signs on the
building or on a pedestal. He recommended that the Sign
Board be appointed. He said that he does object to the
wording in the criteria for granting a variance stating that
a variance cannot be granted that will violate the spirit or
the intent of the ordinance. The Board would not intend to
violate the ordinance but their purpose is to grant
variances and help businesses. If a sign is not a view
obstruction or safety hazard or unsightly, it should be
okay. Mr. Reding also recommended replacing the sentence
I "The board shall not grant any variance from a regulation
beyond what is reasonable necessary to remedy the hardship"
with "The board by it own determination should grant a
variance reasonably necessary to remedy the hardship." He j
said that the City has to trust its board to make
commonsense decisions.
Mr. Holt said that the wording should be "If a varlanco is
necessary, the board should grant a variance that is
reasonably necessary."
Ms, Brock asked Mr. Reding his opinion of a reasonable fee.
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Mr. Reding replied that $50-100 is more reasonable. A fee
of several hundred dollars might be reasonable for a sign
that costs several thousand dollars, but many small signs
are less than $500. He Informed the Commission of the fees
in several other cities.
Ms. Brock asked why he wanted to delete the spirit and
intent criteria.
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P&Z Minutes
October 24, 1990
Page 5
Mr. Reding said that it is redundant, that intent is stated
at the beginning of the ordinance.
Mr. Holt explained that the statement is a quote of state
law. It is hard for people to understand variances. It is
hard not to grant variances. He said that he likes the
ordinance because there are rules, lie does not want to
mislead the public p that a variance is based on whether the
thatdtheyemustefollowcstate law,board's hands are tied in
Ms. Brock thanked Mr. Reding fcr hti time and hard work with
the sign ordinance,
Wayne Jackson stated that he supports the formation of a
Sign Board. In the months of review, they have discussed
maiiy situations that might occur with signs. An ordinance
cannot be written to cover them all. The current ordinance
is not flexible enough. It makes sense to have a board,
Jerry Cott, Government Affairs Committee, stated that the
concept of the Sign Board was to have experts in the field.
The other issue is that people would have a process of
appeal without a long process. $50-100 seems appropriate
for a fee, lie would like it to be easy to petition so that
people will feel they are being fairly treated. The Chamber
believes that the some sentences Mr, Reding spoke of should
be removed. The spirit and Intent provislon is to open to
Interpretation and could be misused. Also, reasonable is
not a definable term. That is also open to interpretation,
The Sign Task Force of the Chamber approves the ordinance
with the removal of those two sentences.
Ids. Brock asked Mr. Cott if he thought the make up of the
Sign Board should be included in the ordinance,
Mr. Cott replied that he felt it is best to have it in
writing and to have a fixed meeting date so there will not
be quorum problems or unnecessary delays.
Ms. Brock said Lhat t
presentation. There Is some petitioner will have e whetherparfixeA
date would be an advantage.
Mr. Cott said that a fixed date would discipline both the
members of the board and the petitioners.
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just wants to s. Brock said that she has no objection to a fixed date she
prepare. She asked e if that the petitioner iany r suwill have ggestions time the
make up of the board,
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October 24, 1990
Page 6
Mr. Cott said no.
,ir. Engelbrecht asked if the Chamber's recommendation was
made in light of the current discussion.
Mr. Cott said no, it was made from a vote. If their
recommendation for the removal of the two sentences Is not
followed, then their recommendation will be against the
ordinance.
Mr. Morris explained that the spirit and intent criteria
came from case law and the City Charter which was adopted by
voters.
Mr. Holt asked if the guidelines the Commission follows when
considering a variance come from the charter or from case
law.
Mr. Morris said both. There has been litigation In that
area. The language of the statute is ambiguous, but the
criteria are what thn judge will look at in the judicial
process.
Mr. Cott said that he is concerned that the interpretation
of the intent of the ordinance will change.
Mr. Holt said it would but so does the interpretation of the
U.S. Constitution. It changes with time.
Mr. Cott said that some other language might be more
appropriate.
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Mr. Morris said that the language is to remind board members
that they have to follow rules. The board needs to know
what it is dealing with.
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The Commission discussed the Chamber's recommendation and
the Implications of state law.
Mike Cochran, 609 W. Oak, stated that he is on the
Beautification Commission and it seems reasonable to him to
tie the fee to what the Board of Adjustment charges. He
recommends the ordinance as prepared. Concerning the make
up of the Board, he prefers leaving the appointments to the j
City Council and not placing additional criteria on the
appointments. The Council's judgment will probably get a
cross section of the community. Fixing the meeting dates is
constrictive to members. There will be times when there
will not be any cases to be heard. The meeting dates will
work itself out. The function of the board is to correct
problems created by the ordinance, The spirit and intent
provision addresses that. Obviously the board will not set
out to violate the ordinance, but to make it more reasonable
and palatable to the community.
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Page 7
Chitr closed the public hearing.
Ms. Brock stated that she would prefer the make up of the
Board to be left to the Council. That is their authority
and why they were elected. The method of appointing the
chair for the Board of Appeals Is in the City Charter. That
should also be followed in this instance. A fixed date
might be useful. The Board should establish one by practice.
Mr. Morris stated that the Charter presently provides for
the chair to call the meetings. If there is a fixed date,
it will not follow the Charter.
Mr. Holt moved to amend Section II.4.d. by deleting the
sentence "The board shall not grant any variance from a
regulation . . and inserting "If the board grants a
variance, then the variance shall be granted only to the
extent reasonably necessary to remedy the hardship." Motion
seconded by Ms. Brock. j
Mr. Morris said that he has no objection to the amendment.
Mr. Holt said that if motion is in response to Mr. RedingIs
statement that the original wording wcs negative ano unclear.
Motion carried (5-0) unanimously. I
Ms. Brock stated that staff is suggesting a fee of $200.
Others have suggested $50-100. Dallas uses a percentage
process b►.c that seems unwieldy. The question is whether
the ppetitioner should pay the entire cost of the process or
if tha taxpayers should pay part of it. She moved to
recommend $100 as the fie, Seconded by Mr. Holt.
Mr. Appleton asked what the $100 figure is based upon.
Ms. Brock said that it might be justifiable for the
taxpayers to pay some of the cost and she is impressed that
$200 might be difficult for some people.
Mr. Appleton suggested tying the fee in with the cost of an
t appeal to the Board of Adjustment. It could be changed
+ t pending the review of all fees by the City Council.
Mr. Engelbrecht said that the Council was looking at the
fees when related ordinances come up as issues.
Mr. Robbins said yes but they will be looking at how they
could tie the fee for zoning variances and sign vartsnces
` together. The proposed $200 does not include analysis of
the cost of a zoning appeal.
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October 24, 1990
f Page 8
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Mr. Morris clarified that an appeal to the board means a
person disagrees with the Interpretation of the ordinance.
A variance is different. She ordinance sets the appeal fee
the same as an appeal to the Board of Adjustment when a
person disagrees with an interpretation. The type of fee
under discussion is for variances when someone wants to do
something different than what is allowed in the ordinance.
Ms. Brock clarified that her motion was for a fee to fill in
the blank on page 6 of the ordinance. Mr. Holt said that Is
what he understood he was seconding.
Motion carried unanimously (5-0).
Mr. Holt moved to recommend approval of the ordinance as
amended. Seconded by Mr. Engelbrecht and unanimously
carried (S-0).
Ms. Brock suggested that the Chamber Invite Mr. Morris to
explain the reasons and wording of the provisions that were
in question. She pointed out that the Chamber is still free
to make a recommendation to the City Council.
V. New Business
Ms. Brock introduced and welcomed Roy Appleton as a new
member of the Commission.
VI. Consider the Planning and Zoning Commission meeting schedule
for December 1990.
Ms. Brock noted that Thanksgiving will not conflict with the
regularly scheduled meeting dates in November.
The Commission agreed not to meet on December 26, 1990. If
there is a plat that must meet the 30 day provision, a
special meeting could be called.
VII. Director's Report
A. Sign Ordinance Review
Mr. Robbins passed out information of the process of the
sign ordinance that may become a recommendation of Mr.
Rbding's group and the Chamber of Commerce, 'there will
be more sign issues In the future.
B. Commission update, commission activity and process for
new commissioner
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Mr. Robbins stated that he is proposing another session
of what the Commission does how, the associated laws,
powers, and process of the 6ommission. Mr. Appleton
will be attending and other commissioners are welcome.
Meeting adjourned at 7;22 p.m.
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DATE: 11/20/90
CITY COUNCIL REPORT FORMAT ea
TO: Mayor and Members of the Cit) Council
FROM: Lloyd V. Harrell, City Manager
j SUBJECT: VARIANCE (V-52) FROM THE SUBDIVISION AND LAND DEVELOPMENT REGULATIONS
SITE: The proposed Lot 1, Block 1 of the Greenwich Village Townhomes
Addition. The .456 acre site is commonly known as 1507 Mingo,
northwest of Mingo's intersection with Ruddell - directly across the
j} street from the Union Pacific Railroad right-of-way.
RECOMMENDATION:
The Planning and Zoning Commission recommended approval 6-0 at its
November 14, 1990 meeting.
SUMMARY:
i
This application was made by A b L Construction Co., Post Office Box
3058, Denton, for a variance from Article 4.04, Section C, Paragraph
1 of the Subdivision Regulations. The cited paragraph requires that
an applicant comply with the design standards for thoroughfares set
k forth in the Subdivision Regulations. Tne applicant proposes that
t he not be required to dedicate 10 ft. of right-of-way, but provide
y an easement for drainage, utilities and a sidewalk in its place.
The applicant must demonstrate that he satisfies all of the
requirements set forth in Chapter III of the Subdivision !
Regulations. The three requirements, and the applicant's responses,
are as foltows:
t
j 1. Granting of the request would not violate any master plans as
defined by Appendix A - Subdivision Regulations, of the Code.
Mingo Road can be constructed as a four-lane undivided street
within the existing 50 foot right-of-way if a 10 ft. sidewalk,
drainage and utility easement is dedicated.
i
2. The special or peculiar conditions upon which the request is
based relate to the topography, shape or other unique physical
E features of the
f property which are not generally common to ocher
properties. J
If 10 i 11
between right-of-way
? 15 ft. feet of
rigwould only ht-of-waybewhich
townhomes and there
existing Is
would be undesirable to the residents and could cause monetary
damage to the property.
k 3. The special or peculiar conditions upon which the request is
based did not result from or was not created by the owner's or
any prior owner's action or omission.
Although this is a man-made condition, the owner complied with
s the regulations at the time the original townhomes were
constructed. As a result of ordinance revisions made since 1983, s
s this condition has occurred.
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Greenwich Village 'iownhomes
Page 2
BACKGROUND:
The Planning and Zoning Commission presents the following additional
comments about the three variance criteria:
Criteria 1: Since the proposed easement is equal in size to what
the dedication would be, the granting of the request would not
infringe on the City's ability to implement the Denton Development
Plan.
Criteria 2: The location of an existing structure and its front
door very near the ROW, if dedicated, is a condition not common to
other properties being platted.
Criteria 3: The owner began development in 1983 prior to the
requirement to plat and dedicate ROW, but is now affected by
regulations enacted since that time.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
Taxpayers of the City of Denton, and several City departments,
FISCAL IMPACT:
NIA
Res tfu submitted.
Preps I r
V Lloyd Harrell
City Manager
0. Owen Yost, A LA
Urban Planner
AAppro
Ro bin , AICP
Executive Director
Planning and Development
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77
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DRAFT
j MINUTES
Planning and Zoning Commission
November 14, 1990
The regular meeting of the Planning and Zoning Commission of the
5:00 p.m.
of the Municipal 14t 1990 at
Council a Chambers held on Noveer
Building.
City the of City Denton,
in
' Present: Roy Appleton III, Euline Brock, Jim Engelbrecht, Ivan
Glasscock, Judd Holt, and William Kamman
Absent: Fran Morgan
VEil
Present from Staff: Frank Robbins, Executive Director for Planning
and Development; Owen Yost, Urban Planner; Karen Feshari,
Urban Planner; Cecile Carson, Administrative Analyst;
Jerry Clark, city Engineer; Lee Allison,
Water/Wastewater; Howard Martin, Municipal Laboratory;
Bob Nelson, Executive Director for Utilities; David
Salmon, Engineering; Joe Morris, Assistant City Attorney;
and Olivia Carson, Secretary
Chairperson Brock called the meeting to order.
1. Consider the minutes of the regular called meeting of October
24, 1990.
the Engelbrecht, and
It was moved by Mr. :'amman, seconded by Mr.
the
unanimously carried (5-0) to approve
regular called meeting of October 24, 1990.
II. Work Session
a. Discussion of Drainage District
I' b. Discussion of transportation modeling, TRANSPLAN.
III. V"52 Consider making a recommendation on a variance from the
Subdivision Regulations requiring the dedication of right-of-
way for the proposed Greenwich Village Townhomes Addition, Lot
1, Block 1.
Three notices were mailed to adjacent property owners; one was
returned in favor of the variance.
Staff Report: Mr. Yost stated that the applicant- is proposing
to develop town homes on property which is zoned multi-family.
Ten feet of
thoroughfare use. right-of-.way Road can be enlarged using the
the 101 asia utility easem nt instead for drain ge, tsidewalks,
and utility. In order to receive a variance the applicant
must meet three criteria. Mr. Yost reviewed the criteria with
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P&Z Minutes DRAFT
November 14, 1990 Page 2
the commission and showed slides of the site. He said that
the existing multi-family building is peculiar because of it:
proximity to Mingo Road. The owner constructed it in 1983 end
it met City standards of that time. Right-of-way dedication
was not required at that time. The Development Review
Committee recommends approval of the variance request.
Al Lissberger, P. O. Box 3058, stated that the original site
plan showed the proposed building that he is now trying to
develop. There were always supposed to be two buildings. The
footprint has not changed. Development of the second building
has been held up because not enough water was available to the
site. The required dedication would bring the road right-of-
way up to the front door of his building.
Mr. Appleton asked what Mr. Lissberger proposes to do with the
10' strip.
Mr. Lissberger replied that the water line will be located in
the easement. He has also agreed to build a sidewalk on the
east and west side of the driveway. The easement and sidewalk
will extend across the entire frontage of the property.
Mr. Robbins clarified that the City will not be able to pave
the easement for the road. It will be strictly for utilities
and sidewalk.
Mr. Kamman stated that the request appears to meet the
criteria. He moved to recommend approval of V-52. Seconded
by Mr. Engelbrecht and unanimously carried (6-0).
IV. Consider making a recommendation on the preliminary plat of
the Greenwich Village Townhomes Addition, Lot 1, Block 1.
toe dedicate a Mr. Yost stated th the
utility drainage ca and agreed
easement. A sidewalk will extend through the easement. The
property is zoned multi-family (MF-1), and development is
anticipated of a seven-unit apartment building.
Mr. Appleton asked what type of screening will be required.
Mr. Yost replied that the applicant has a choice of three
types - solid masonry, a berm, or a living screen. The
Development Review Committee recommends approval.
It was moved by Mr. Engelbrecht, seconded by Mr. Glasscock,
and unanimously carried (6-0) to recommend approval of the
preliminary plat of the Greenwich Village Townhomes Addition,
Lot 1, Block 1.
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CITY
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CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
:':EJECT: HOLD A PUBLIC HEARING ON THE PROPOSED ANNEXATION OF 1367.12 ACRES
LOCATED NORTH OF CRAWFORD ROAD AT THE INTERSECTION OF ALLRED ROAD
AND 135 W (A-59)
RECOMMENDATION:
The public hearing is intended to give all persons interested in the
proposed annexation the right to appear and be heard. The Planning
and Zoning Commission will make a recommendation on
November 28, 1990.
SUMMARY:
On October 16, 1990, City Council adopted an annexation schedule
setting the date, time and place for public hearings with respect to
the proposed annexation (A-59). Council at that time directed staff
to prepare a service plan for a 920.42 acre tract located north of
Crawford Road, east of 135 W and an adjacent 446.70 acre tract
located at the intersection of FM 2449 and 135 W. The first Public
Hearing was held on November 60 1990 and no one spoke against the
proposed annexation. A copy of the Service Plan is attached.
BACKGROUND:
The proposed annexation has been initiated by the ownars of the
tracts in order to facilitate zoning for Planned Development to
allow for light industrial, offices, commercial and institutional
uses. 3
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED! E
All city service departments including Utilities, Engineering, Fire
Police, Solid Waste, Environmental Health, Parks and Recreation and
Library.
FISCAL IMPACT
F
These tracts currently have agricultural exemptions which will
result in minimal ad valorem tax benefits to the city. The
potential tax base, however, could be substantial when these tracts
are developed.
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4r"""• City Council Report
Page 2
` November 20, 1990
I
Respec lly suubmit e
Prepared by: oy V. Harrell
f) City Manager
Harry N. ersaud
senior Planner
Appr d:
frifnIk- H. Ro bins, A1CP
Executive Director
Planning and Development
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ATTACHMENT 1
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Ile a > ATTACHMENT 2
E)GHBiT "A"
;NICE P AN
Annexation Number A-59
«ag Acreage Proposed For Annexation: 1367-12 Acres
Site Location: North of Crawford Road at the
intersection of 1.35W and FM 2449
A. 29je es
1. Patrolling, response to calls, and other routine services will be provided on
the effective date of the annexation, using existing personnel and equipment.
2. ;development and construction commence within this area, sufficient police
ersonnel and equipment will be provided to furnish this area the maximum
level of police services consistent with the characteristics of topography, land
utilization, and population densities within the area as determined by the
City council within four and one-half (4%) years from the date of
annexation, or upon commencement of development within the area,
whichever occurs first.
3. Upon ultimate development of the area, the same level of police services will
be provided to this area as are furnished to comparable areas within the city.
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B.
F.iCl.ptQtlg ' F J
1. Fire protection and emergency medical services by the present personnel and
present equipment, within the limitations of available water and distances
from existing fire stations, will be provided to this area on the effective date
of the annexation.
2. As development and construction of subdivisions commences within this area,
sufficient fire and emergency ambulance equipment will be provided to
furnish this area the maximum level of fire and emergency ambulance
services consistent with the characteristics of topography, land utilization,
and population densities of the area, as determined by the City Council,
witldn four and one-half (41h) years from the date of the annexation, or
upon commencement of development within this area, whichever occurs first.
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3. Upon ultimate development of the area, the same level of fire and emergency
ambulance services will be provided to this area as are furnished to
` comparable areas within the City.
Y
I C. Water/Wastewater &,Oces
Water and wastewater services will be extended to the property in accordance I
to the City's master utility plan and Article 4.09 of the Subdivision and Land J
Development Regulations. j
Developers shall pay the actual cost of all water and sewer main extensions,
lift stations and other necessary facilities required to serve their development
in accordance with the City's master utility plan and the Subdivision and
Land Development Regulations.
The City may participate in the cost to oversize water and sewer mains
subject to fund availability and approval of the City Council.
Where water or sewer main extensions, lift stations, force mains or other i
necessary facilities are installed by the developer, the developer shall be
entitled to reimbursement of the cost of such facilities from pro-rata charges
paid by persons connecting to or using such facilities to serve their property,
according to the Subdivision and Land Development Regulations.
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D. Solid Waste Collection +
1. Solid waste collection will be provided to the property as available to comparable areas within the Ci% Ci% at the same withi.t~ 60 days of
the effective date of annexation.
2. As development and construction commence within this property, and
population density increases to the proper level, solid waste collection shall !
be provided to this property in accordance with then current policies of the
City as to frequency, charges and so forth.
E. Streets and Roads
1. The City of Denton's existing policies with regard to street maintenance,
applicable throughout the entire City, shall apply to this property beginni.-rg
with the effective date of the annexation.
2. Routine maintenance of streets and roads will begin in the annexed area on
the effective date of annexation using the standards and level of service as
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currently applied to comparable areas of the City.
3. Reconstruction and resurfacing of streets, installation of storm drainage
facilities, construction of curb cuts and gutters, and other such major
improvements, as the need therefore is determined by the City Council or
Manager, will be accomplished under the established policies of the City.
4. Traffic signals, signage and other traffic control devices will be installed as
4 the need therefore is established by appropriate study and traffic standards.
S. Street and road lighting will be installed in the substantially developed areas
'n accordance with the established policies of the City.
F. Environmental He 1th and • 'de Enforcement Services
1. Enforcement of the City's environmental health ordinances and regulations
including, but not limited to the grass and weed ordinance, garbage and
trash ordinance, junked vehicle ordinance, sign ordinance, food handler
ordinance, animal control ordinance, and the tree preservation ordinance
shall be provided within this area on the effective date of the annexation.
These ordinances and regulations will be enforced through the use of existing
personnel.
2. Building, plumbing, electrical, gas, and all other construction codes, as may
be adopted by the City, will be enforced within this area beginning with the
effective date of the annexation. Existing personnel will be used to prcvide
these services.
I 3. The City's zoning, subdivision and other ordinances shall be enforced in this
area beginning on the effective date of the annexation.
4. All Inspection services provided by the City of Denton, but not mentioned J
above, will be provided to this area beginning on the effective date of the
annexation Existing personnel will be used to provide these services.
S. Flood damage mitigation will be provided by existing codes and ordinances
of the City as of th% effective date of the annexation.
6. As development and construction commence within this area, sufficient
personne' will be provided to furnish this area with the same level of
environmental health and code enforcement services as are furnished to
comparable areas within the City.
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4 G. Plannius and Development Services
E The zoning jurisdiction of the City will extend to the annexed area on the
effective date of annexation. A Planned Development (PD) zoning district
designation Is anticipated for this area.
1. Parks and Recreation Services
Residents of the newly annexed area may use all recreation facilities, including
parks end swimming pools throughout the City, on the effective date of the
annexation. The same standards and policies now used within the City will be
followed in the maintenance of parks, playgrounds and swimming pools.
I
J. Flame triral istribution
Electrical power will be made available to the site as required, at the same level
of service currently being provided to comparable areas within the City.
K. Miscellaneous
Street names and sign will be installed, if required, approximately six (6)
! months after the effective date of annexation.
Residents of the newly annexed area may use all publicly owned facilities,
buildings or services within the city on the effective date of the annexation. All i
publicly owned facilities, buildings or services will be maintained in accordance
E with established standards and policies now used in the City.
L. Capital Im2r9vements p pj= (aP) 1
The CIP of the City is prioritized by such policy guidelines as:
1. Demand for services as compared to other areas will be based on characteristics r
of topography, land utilization, population density, magnitude of problems as
related to comparable areas, established technical standards and professional
studies.
2. The overall cost-effectiveness of providing a specific facility or service.
The annexed area will be considered for CU: improvements in the upcoming CIP
plan. The annexation area will be considered according to the same established
criteria as all other areas of the City.
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ATTACHMENT 3
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NOTICE OF PUBLIC HEARINGS ON PROPOSED ANNEXATION
A-59
NOTICE IS HEREBY GIVEN TO ALL INTERESTED PERSONS THAT:
The City of Denton, Texas, proposes to institute annexation
proceedings to alter the boundary limits of said City to add the
territory 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 20th day of November, 1990,
at 7:00 o'clock P. M. in the City CounclT-Chambers o the
Mun c pa u ng 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 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.
TI-a-r ersau , AICP {
Senior lanner
This notice and attached six pages to le published
November 9, 1990.
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TRACT I
Being 917.600 acres of land situated in the 9.8.8.iC.R.R. Survey,
Abstract No. 158, 9.B.8.SC.R.R. Survey, Abstract No. 159,
B.B.B.6C.R.R. Survey, Abstract No. 1600 G. Pettingale Survey,
Abstract No. 1041, S. Pritchett Survey, Abstract No, 1021, J. Taft
Survey, Abstract No. 1269 and the G. West survey, Abstract No.
1393, Denton County, Texas, said 917.600 acres being more
particularly described as follows:
BEGINNING at the Owtbast wrow of the B.S.B.! C.R.R. Survey, AMtraot No. M uW Pout AM being the
nortbwat career of the W. Said Survey, Abstraa No. 1181 of danuW noway, said poise also being Is Johnson
Lane and False Rgnd.
THENCE S WW-WW. 3644.2'7 feet aloof the east line Oft be MW S.D.D.! C.RA Survvy, AbWW No. Uk,
THENCE N lr3rJVW, 2290.84 feet
THENCE N 00'SA'tSB, 49733 feet
THENCE N W X 1'W, 271.12 feet to the eat dg*4-way of Interstate HWrWW 3SW;
THENCE alai the eat dgho-d--my of Interstate Highray 35W the Wowing tape
L N 29""WOE, $4736 font
L N 2rIM-E. W3A6 feet
3. N VIM & 2.718.61 feat to the begiaio f of a am to the W having a radtm d
11,301.73 feet, a watral ayes of 03WIr, a chord baring *(N 2g'U,M a chord
dWaeoe of =At rent
4. THENCE AM acid are 6230 bnt
S. N 16'611241% 2,147.66 het
6 S 89'18'1 % 470.78 feet;
7. S 7rs4"oM 7135 bet;
d. S $V461M all het;
9. N 7Y3r4M SM het;
10. N 1TLVM% SL61 het
1L N 89WOM, 229M het
IL N SOVVWW, 161.42 het
11 N 3S'MIO%U, 21016 bet
14. N 304141% 3,18630 bet;
11 N 3"O M 203.09 het
A N X4r'4M 3"A3 het
17. N 3S'aPJM 40036 het
A N 2n1'63% MA hat
19 N 16'q'3M 306.2) het
3L N7f'SP2 % D1S.6S beto
T7i3SNCE S 80'14'OP'E.1997JS bet to a point is tie rest Rae at tM J. 84moeeaa Sorvey, AbsWed Ne. 401;
THOK 2 S 00'L1'ST1I, 2,21766 bet to the son6ims a etrnr at the acid L Edeson" Server
THENCE S A9'38'WK !,4!1.36 bet shay tbs Oak In d tW laid J. E4eeonoa Ssney to a point Is Donis ~
arm Reed;
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THENCE S 0W375M W42 bN with Saw flrw Road to a past is Ailed Roe*
THENCE N W 27 Yr W, 3,60961 fed wki AWW Aod;
THENCE N W41VV, 2,12209 fwd with Allred Rna#
THENCE S OVWSrW, 2,639.77 be. to a poW is Joirw Law
THENCE N W2T34'W, 2,353.07 feet to the POR4T OF WINNING mW eoauW"911AM saes (29,970,651
lgarre r") of Led, sae or ba
TRACT II
egg a 2d2 we treot of lead ri vmW is tie 6 FLao Sarver, Abrdrwd No. 996, Data Co", Tmti ad
beip a pen of a uM 0310 sae tea dumbed is deed bm WL Gras* M is to AM Moult" n
noorded is volesa 221, Tqs 4% Dead Rmtdd, Doom Cowry, Twor, said 2M wn b* awn pudodslr
SlOWNM at the %as wo6wlf wetieen goner of the uW 6!310 we trams
THENCE W,?WLVW, 399A6 feed to the ad riS 444 of Wawds HW" SSW',
THENCE N30'01w% Lnm bM Wd ad 4M4"m No of kwon Hi" 3SM,
nW#M N7T030 E, J009! bat aloq Wd ad rW9d vW Sr d tsandade NOW 3M,,
THWCZ NIMSM IM73 ball
TH2INCE S00n I E, 4WAS lent to dW POW Of SNOOOE'1O ad osualshr 2.02 am (12M y IL)
of Lad, son ON %a
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Being all that lot, tract or parcel of land out of
The James Edmonson Survey, Abstract No. 401 and the James L. Harris
Survey, Abstract No. 555 and a part of the S. A. Pritchett Survey,
Abstract No. 1021, situated about 4 miles south 35 degrees west from
the courthouse in Denton County, Texasl and embracing Parcel No. 10
Parcel No. 2 and Parcel No. 3 described in the deed to Henry S. Miller
Company recorded in volute 2240, page 481 of the Denton County Deed
Records.
TRACT III
Beginning at the southeast corner of sold 3. E. £dmonoon Survey in the
middle of a County Road for the southeast corner of sold Parcel No. It
from which an 8" pips post bears north 88 degrees-SO 1/2 minutes west
30-5/10 feet.
Thence north 86 degrees-50 1/2 minutes west, to and along a fence for
the south line of sold Parcel No. 19 a distance of 2650-8/10 feet to a
1" iron on the west side of a corner post of s fence, for the south-
west corner of said Edmonson Survey and the southeast corner of said
S. A. Pritchett Survey and southerly southwest corner of sold Parcel
No. I.
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Thence north no dsgroes-33 sinvtes east, along the common line of sold
I Edmonson and Pritchett Surveys for the southerly west line of said
Parcel No. 1, a distance of 2211-5/10 feet to a 1" iron on the seat
side of an old 10" Oak corner post of a fence for a reentrant corner
of said Parcel No. 1.
Thence north 89 degrees-01 minutes west, along a south line of said
Parcel No. 10 a distance of 1991.5/10 foot to a 1" iron for the
westerly southwest corner of sold Parcel No. 1 and the southerly
southeast corner of the 42426/1000 acres tract described in the deed
to the State of Texas for highway right of way recorded in values 529,
Cage 538 of the said Deed Records.
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h Thence northerly along the westerly line of said Parcel No, 1 and
easterly line of said State of Texas tract:
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north 27 dugree•-:4 minutes east 67-4/10 feat{
` north 30 degrese•31 minutes east 599-9/10 feet to a damaoed
highway monuments
north 77 degrees-38 minutes east 312-5/10 feet to a highway
monumentl
north 27 zyress-43 minutes east 644-5/10 feet to a highway
mon.mentl
north 1? degrees-31 minutes west 183-1/10 fast to a Iamaoed
highway monument;
north 62 degrees-28 minutes west 139-2/10 feet to a highway
monuments
north 27 degrees-28 minutes east n16 feet to a highway
monumentl
north 22 degrees-23 minutes seat 99-7/10 feet to a damaged
highway monumentl
north 27 degrees-37 minutes seat 1270-5/10 feet to a 1" iron
in the north line of sold Pritchett Survey and for the
northwest corner of said Parcel No, I.
Thence south 89 degrees-02 minutes seat, along the said north line of
Pritchett Survey, to and along the north line of sold Aarris Survey,
for the north line of said Parcel No, 10 a distance of 3061-8/10 feet
to a 1" iron for the northeast corner of sold Harris Survey and said
Parcel No, 1,
1
Thence south no degrees-08 minutes west, to and slang the said middle
f of County Road, being along the east line of said Harris Survey, to
and along the east line of said Edmonson Survey for the east line of
said Parcel No. 1s a distance of 5299-2/10 flat to the place of
beginning and containing 401-23/100 acres of which 3-96/100 acres lie
within said County Reeds leaving 397-27/100 acres exclusive of said
Road,
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TRACT I V
Beginning at a 1" iron on the northwest side of a corner po.lt of a
fence for the northwest corner of said Psrcoi No. 2 and by previous
6sed 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
Survey north
41 i
forsthof a d Parcel NO, e no
rtheast corner of saa distance
id 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 sold Deed Records.
Thence southwesterly along the easterly line of said Parcel No.,2 and
westerly line of said State of Texas tracts
south 27 degrees-33 mimites west 789-3/10 feet to a damaged
highway monumentl
south 31 degrees-33 minursa west 405-1/10 feet to a highway
monument]
south 27 degrees-44 1/2 minutes west 424-4/10 feet to a
highway monument]
north 62 degrees-14 minutes west 490-2/10 foot to a damaged
highway monument for a northwest corner of sold State of
fl texas tract in the north line of the right of way of the
Denton to Ponder Road.
T
right hence north 61 degrees-52 minutes west, along the said north line of
Parcel No. 2, of a Road for a
foot southwesterly to a 1^ iron for said
southwest corner of said Parcel No. 2.
Thence north no d• reea-
Parcel No. 2, a distance of399minutes 6-8/10 east, tooths place tofibeginning
and containing 35-6/10 acres.
TRACT V
Beginning at a 3/4" iron for the southwest corner of said Parcel No. 3
and being by deed call in the wost line of said S, A. Pritchett
Survey, Abstract No, 1021.
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Thence north no degrees-53 minutes east, along the weal line of said
parcel No. J, a distance of 1963 feet to s 1" iran fat the northwest
" cornet of said parcel No. 3 in the southerly llnn of right of way for
the Denton to Ponder Road.
Thence south 62 degfors 1 mnnutes ly to aloof theiso PaccelhNoly 3, na
of right of way, the oher line distance of 372 feet to a highway monument far a southwest cornac of
d innvothe decd lume 529,tpagee53B tate
the T42-1526/1000 of described
I~ said Deed Records.
State ofeTexasetractrne of sold
IhInce uth Parcel No. 3eanddssaidewestr ly lsitnoeroly al
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south 38 degrees-26 minutes east 200-5/10 feet;
south 6 degrees-10 1/2 minutes west 204 feet to o 7/8" iron;
south 27 degrees-39 minutes west 400-2/10 feet to a highway
monument)
South 27 degrees-41 minutes east 351-5/10 feet to a damage
highway monumentl
south 27 dogtes•-40 minutes west 856-5/10 feet to a 1" iron
for rce southsrA yssouthwe~ cornetr off solidi State oft Texas tract, the
the south line of sold
)hence north 89 degrees-07 minutes west, along
Parcel No. 13l a J-83/ista acres. of 47-1/10 fast to the place of beginning and
containing a
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ATTACHMENT 4
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ANNEXATION SCHEDULE
'V A-59
III October 16, 1990 City Council sets date, time and
place for public hearings.
October 21, 1990 Notice published in Denton Record
Chronicle for first public hearing.
Service Plan is prepared.
November 6, 1990 City Council - first public hearing.
November 9, 1990 Notice published in Denton Record
Chronicle for second public hearing.
November 20, 1990 City Council - second public hearing.
November 28, 1990 Planning and Zoning Commission makes
recommendation.
December 11, 1990 City Council institutes annexation.
I First reading of annexation ordinance.
E
December 21, 1991 Publication of ordinance in Denton
Record Chronicle,
February 5, 1991 Final action by City Council. Second
reading of annexation ordinance.
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CITY COUNCIL REPORf FOdMA'f
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TO., Mayor and Members of the City Council
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FROM: Lloyd V. Harrell, City Manager
SUBJECT., PRELIMINARY PLAT OF THE GREENWICH VILLAGE TOWNHOMES ADDITION, LOT 1, 4f
BLOCK 1 1
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RECOMMENDATIONS
The Planning and Zoning Commission recommends approval (6-0),
pending a positive rev!A of variance V-52.
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SUMMARY:
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This is a .476 acre tract located at 1507 Mingo Road, north of its
intersection with Rudd ll. Frontage is along the northwest side of
Mingo Road.
Approximately 122 fect of 4 ft, wide sidewalk will be required.
The property is zoned multi-family (MF-1), and development is
anticipated of a seven-unit apartment building.
When a building permit is granted, screening will be required along 1
portions of the lot abutting residential use.
ai
BACKGROUND:
City services and facilities, including water, gas, sanitary sewer,
telephone, electrical, and solid wastes are available. The existing
private 4 inch sewer line is sufficient to b,,adle the increase in E
density. The B inch sewer line that exists for part of the frontage f
will not be used except for being tapped onto by the private sewer
line. It is not required to be extended.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: ii
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Taxpayers of the City of Denton and several city departments.
FISCAL IMPACT:
N/A f;
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P
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Report to City Council
! Greenwich Village Townhomes
November 20, 1990
Page 2
31, tfully s b itted
d v.
PC' spar by: Harrell
~ City Maneger
L,r0 G. Owen Yost, ASLA /
Urban Planner
APprov :
Pran H RRobbins, AICP
Executive Director j
Planning and Development
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ATTACHMENT 2
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P&Z Minutes D R A F
4 November 14, 1990
Page 2
the Commission and showed slides of the site. He said that
the existing multi-family building is peculiar because of its
proximity to Mingo Road. The owner constru:ted it in 1983 and
it not City standards of that time. Right-o£-way dedication
was not required at that time. The Development Review
Committee recommends approval of the variance request.
S¢ Al Lissberger, P. 0. Box 30580 stated that the original site
plan showel the proposed building that he is now trying to
develop. There were always supposed to be two buildings. The I
footprint has not changed. Development of the second building
has been hold up because not enough water was available to the
site. The .required dedication would bring the road right-of-
way up to the front door of his building.
Mr. Appleton asked what Mr. Lissberger proposes to do with the
101 strip.
i
Mr. Lissberger replied that the water line will be located in
the easement, fie has also agreed to build a sidewalk on the
east and west side of the driveway. The easement and sidewalk
will extend across the entire frontage of the property.
Mr.. Robbins clarified that the City will not be able to pave
the easement for the road. It will be strictly for utilities
and sidewalk.
Mr. Kamman stated that the request appears to meet the
criteria. He moved to recommend approval of V-52. Seconded
by Mr. Engelbrecht and unanimously carried (6-0).
IV. Consider making a recommendation on the preliminary plat of
the Greenwich Village Townhomes Addition, Lot 1, Block 1.
Staff Report: Mr. Yost stated that the applicant has agreed
to dedicate a 10' wide utility, drainage, and sidewalk a
easement. A sidewalk will extend through the easement. The
property 13 zoned multi-family (MF-1), and development is
anticipated of a seven-unit apartment building.
Mr. Appleton asked what type of screening will be required.
Mr. Yost replied that the applicant has a choice of three
types - solid masonry, a berm, or a living screen. The
Development Review Committee recommends approval.
It was moved by Mr. Engelbrecht, seconded by Mr. Glasscock,
and unanimously carried (6-0) to recommend approval of the
preliminary plat of the Greenwich Village Townhomes Addition,
Lot 1, Block 1.
1
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2651L-1/3689
NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT
FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES;
,vs PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND 2ROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City has solicited, received and tabulated
competitive bids for the purchase of neces6ary materials, equip-
ment, supplies or services in accordance with the procedures of
state law and City ordinances; and
WHEREAS, the City Manager or a designated employee has
reviewed and recommended that the herein described bids are the
or
lowest responsible in bids for the "Bid t materials equipment, supplies submitted therefor; and
services as
WHEREAS, the City Council has provided in the City Budget for
the appropriation of funds to be used for the purchase of the
materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
` THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the numbered items in the following numbered
bids or ma erials, equipment, supplies, or services, shown in the
"Bid Proposals" on file in the Office of the Cit" a'Purchasing
Agent filed according to the bid number assigned thereto, are i
hereby accepted and approved as being the lowest responsible bids
for such items:
I
BID ITEM ?
NLMBER NO. VENDOR AMOUNT
1172 ALL CASE POWES AND EQDIPKM $70,902,00
t156 Alt F. T. RI;SINFSS FM W; ?0~07L_00
1166 t-20 ~ 'sFSCn EXHIBIT A
1166 1_12 t~FCrn EXFiIRIT R
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1166 .3337. -TEM7LF SAf _EX11tAIT r R-
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SECTION II. That by the acceptance and approval of the above
numbers tems of the submitted bids, the City accepts the offer
of the persons submitting thu bids for such te or and agrees in
purchase the materials, equipment, supplies
accordance with the terms, specifications, standards quantities
and for the specified sums contained in the Bld Invitations, Bid
Proposals, and related documents.
SECTION III. That should the City and persons submitting
approve an accepted items and of the submitted bids wish to
enter into a formal written agreement as a result of the
acceptance, approval, and awarding of the bide, the City Manager
or his designated representative is hereby authorized to execute
the written contract which shall be attached hereto; provided that
the written contract is In accordance with the terms, conditions
specifications, standards, quantities and specified sums contained
in the Bid Proposal and related bid documents herein approved and
accepted.
SECTION IV. That by the acceptance and approval of the above
number'ifems of the submitted bids the City Council hereby {
authorizes the expenditure of funds therefor in the amount and in
accordance with the approved bids or pursuant to a written
contract made pursuant thereto as authorized herein.
SECTION V. That this ordinance shall become eifective
imme ate y upon its passage and approval. J
l J
PASSED AND APPROVED this day of 31990.
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFEK WALTERSo CITY SECRETARY
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY:
PAGE TWO
"POW
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DATE:November 20, 1990
CITY COUNCIL REPORT
TOt Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID 91172-VIBRATING ROLLER
nr ,
RECOMMENDATIONt We recommend this bid be awarded to the
lowest responsible bidder meeting specification, Case Power
and Equipment in the amount of $67,910.00. We also
recommend the purchase of additional 5 year/5000 hour
warranty for an additional $2,392.00. Total bid award is
$70,302.00.
SUMMARYt This bid is for the purchase of a vibrating pad foot
roller to be utilized in street maintenance and
construction. The use of this machine will allow us to
prepare a better road base when doing maintenance,
reconstruction or new construction of city streets.
BACKGROUND: Tabulation Sheet.
I
PROGRAMS, DEPARTMENT OR CROUPS AFFECTED: Street Construction
Divieion, Yublic Works Department and Motorpool.
FISCAL IMPACT: Funds for the purchase of this machine will
come from Certificate of Obligation funds sold for vehicle
acquisition and interest accumulated on the Certificate of
Obligation funds.
$64,840.0i Certificate of Obligation Funds
551,461_99 Interest Accumulated
70,307.90 Total Purchase Price
i
Respec Ily subm t ed:
Lloyd V. Harrelh~!- ------.r
City Manager
Approved:
Nema: Tom D. Shaw, C.P.M.
Titles Purchasing Agent
TS/jh
086.DOC
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DATEi November 20, 1990
CITY COUNCIL REPORT
rsa' TO? Mayor and Members of the City Council
FROMs Lloyd V. Harrell, City Manager
SUBJECTI BID /1154-BROCHURES FOR PARKS & RECREATION
RECOMMENDATIONt Council approve ward of Bid 11154 to the
'lowest bidder. F.J. Business forma, at a cost of $286.71m
for a 48 page brochure to be produced twice per yeer. The
estimated annual cost of $20,070.00 is based on 35,000
brochures per publication,
SUMMARYs This bid is for the printing, advertising within,
and distribution of brochures for the Parks and Recreation
Department.
i
BACKGROUND$ Tabulation Sheet.
2ROGRAM9t DEPARTMENT OR GROUPS AFFECTEDt Parks & Recreation f
Department and citizens of Denton, f
FISCAL IMPACTi This is a budgeted item in the 190-91 fiscal !
year budget.
Respe fully submitteds
1
Lloyd Hfi it I
City Manager
Prepared bys
I
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Names stlanie A. Harden
Titlai Buyer
Appro~veds
Names Tom D. Shaw, C.P.M.
Titles Purchasing Agent
TS/f h
081.DOC
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i7D 1 1166 MORIISIT A
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BID NAME ELECTRIC METERS CURRENT I I
I NESCO 1
ThNSFORMERS, METER I I
SOCREI4 I I
OPEN DATE 11-1-91 I I
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ACCOUNT 1 I I
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1 1~11Y I I I
` I1EN DESCRIP116N
fI I VENDOR I
.1....-I
I ! METERS 1-•--------__-- I
~ 1 1 1 1 •I
2 I I 1151.51 / 43,21 1
3 I I 1151.51 1 136.111
4 1 I 1134.11 1 29.51 1
I I 1134.11 1 136.511
S
5 1211.11 1 151.111
6 1 1 1 1 1331.11 1 2151111
1 t t 1311.11 1 281.111
9 1 I 1335.11 1 265.111
' fll 1 1373.11 1 271.111
1315.11 1 295."1
111 1 1415.11 1 311,111
12' 1 1415-" 1 311.111
1J1 1 1411.11 / 321.111
111 I 1419.11 1 325.111
f 151 1 1441.11 1 322.11t
1 161 1 N39.11 / 322.111
171 I t414.11 1 337,"1 1
111 1 1311.11 1 145."I
191 1 1391.11 / 316."1 I
211 1 1134.11 1 39.11 1
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BID 1 lldb 1 i
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11D NAME ELECTRIC NEIERS CURRENT 1 NESCD I
IRANSFORNERS, NEIER I I
SOCKETS I I
OAER DATE II-8-90 1 1
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1 1
ACCOUNT 1 I I
14.0 J 1 1 Dff 1 I1EN DESCRIPTION T VENDOR I
..1.._..1 . I...._........_.I.
211 I TRANSFORMERS 1 2?, 95 1'
221 1 1 21,93 1' '
231 I T 35.11 i
211 ` I 35.11 T
251 " i 52.11 1
ldl T 1 52.11' T
221 I I
211 52.11 I'
I i 52.10 1'
291 I 1 52.11 1
31; 1 I 52.11 1
311 i I 59.18 1
321' I it I.
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110 HARE ELECTRIC METERS CURREN" I I I
TRANSFORMERS, NE M I I TEMPLE, INC. I
SOCKETS I I I
OPEN DATE 11-0-91 1 1 I
I I I i
ACCOONI I I I I
I I I
I 1111 I ITEM OESCRIPIION t
1._• 1 4FN00R I
331 t . ~
MF1ER I
111 1 _
1 I 59.16 I
351 1 1 t 65.11 I
361 1 1 I 99.11 I
371 1 t I 161.11 I
t 211.81 I
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DATZ3November 20, 1990
CITY COUNCIL REPORT
TOt Mayor and Members of the City Council
PROMS Lloyd V. Harrell, City Manager
SUBJECT: BID #1166-ELECTRIC METERS, CURRENT TRANSFORMERS
AND METER SOCKETS
RECOMMENDATION, We recommend this bid be awarded to the
lowest bidder meeting specification as listed belowt
Electric Maters Items 1 - 20 Wasco
Current Transformers Item 21 - 32 Wesco
Meter Sockets Item 33 - 37 Temple Inc.
j
3UMMARYt This bid is for the annual contract to supply I
Electric motors, currant transformers and electric meters
sockets to the Electric Metering Department. The quantities
will vary however, estimated expenditure is $154,000.00.
Material will be purchased on an as needed basis. I
BACKGROUNDS Tabulation Sheet.
PROGRAMSL _ DEPARTMENT OR GROUPS AFFECTED, Electric Metering
I
Division, Utility Department.
I
FISCAL IMPACTS 1990-91 budget funds for improvements to the
Electric Distribution System.
Rasps fully submitted,
Loyd Harrell
City Manager
Approveds
Q
Names Tom D. Shew, C.P.M.
Titles Purchasing Agent
TS/jb
085.DOC
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PAGI3 1 of 2
ilD 1 1188 1 I 1 i 1 I
I I 1 k I 1
1 I i I I I
BID NAME ELECTRIC MITERS CURREN' I CUMMINS I NESCO INATSON ELECiR1CiPRIESiER SUFFLNI TEMPLE, INC. I
TRANSFORMERS, METER I I I I I I
SOCKETS I I I I t I
OPEN DATE 11-8-91 1 I 1 I 1 1
I I I I 4 I M~
I I I I I 4 1
ACCOUNT 1 I I I I i I
- I............_..I............... I----•---...--•-I............__.I........._.....I
1 I DIM i I1EM DESCRIPTION 4 VERDOk I VENDOR I VENDOR I VENDOR I VENDOR I
-.1.....1 I............... I............... I••------------- 1---............I
I I METERS I i 4 I I I
1' I I Nil 1151,51 1 43,26 1 Nil 1267.98 1 49,15 1 141,11 1
2 . 1 1 Nil 1151.51 1 136,111 NiI 1281.91 1 173.181 272.11 1
$ f 1 1 Nil 1134.11 1 29,51 1 N1B 1267.67 1 41.84 1 174.11 1
4 1 1 1 NIB 1131.11 1 136.511 Nil 1264.67 1 169.751 234.11 1
5 4 I I Nil 1218.61 1 158.111 NIB 1281.23 1 192.311 Nil I
6 1 I I NiB 1331.11 1 245,111 Nil 1464.92 1 319.561 NIB I
T 1 I I N10 1311.16 1 288,111 Nil 1451.42 1 365.111 326.11 1
B 1 1 1 Nil 1335.11 1 265.111 Nil 1425.56 1 331.641 326.11 1
4 1 1 1 NIB 1375.11 1 278,111 Nil 1484.92 1 319.561 Nil I
111 I I NiB 1375.11 1 295,161 NIB 1465.43 1 391.171 326.11 1
Iil I I NIB 1415.11 1 31I.W Nil 1445.74 1 351.821 Nil I
121 1 1 Nil 1415.11 1 311,161 Nil 1445.72 1 351.821 Nil 1
131 1 1 NIB N11.11 1 321,11! Nil 1525.73 1 431.814 381.11 1
141 1 1 Nil 019.11 Nil 1525.72 1 431,911 326.11 1
151 1 1 Nil 1441,11 1 322.111 Nil 1412.72 1 311.611 341.11 1 t 1
161 1 1 Nib 1439.86 1 322.611 Nil 1412.72 1 317.661 348.11 1 ,
111 1 I Nil 1424.11 1 337.111 Nil 1441.84 1 353.971 341.0 1
101 I I NIB 1314.11 1 145.111 Nil 1311.53 1 71.71 1 Nil I
141 4 I Nil 1391.18 1 311.111 Nil 1411,11 1 3$5.741 Nil 1 1
211 4' 4 Nil 1134.11 1 39111 1 Nil I Nil 146.44 1 Nil I f
211 1 TRANSFORMER I NIB 1 21.95 ' 1 27.71 1 34.45 1 43.11 1
221 1 1 Nil 1 27.45 1 20.09 1 34.45 1 43.11 1
231 1 1 N/1 1 $5.11 1 $2.22 1 41.91 1 42.56 1
211 1 1 Nil 1 3S.16 1 34.14 1 41.91 1 12.51 1
251 1 1 Nil 1 52.18 1 57122 1 Nil 1 5110 1
F 261 I I Nil 1 52.11 1 51.72 1 62.65 1 50.11 1
211 1 1 Nil 1 52,11 S 37,72 1 62.65 1 58.11 1 1
281 1 1 11/1 1 52,0 4 51.72 1 62.65 1 58.11 1
241 T I Nil 1 52.11 1 51,72 1 62.65 1 50.11 1
311 i 1 Nil 1 52011 1 57,72 1 62.65 1 58,11 1
311 I 7 All 1 $9.11 1 $1.72 1 62.65 1 51.11 1
321 1 1 Nil 1 59,11 1 59.44 1 66,53 1 58.11 1
331 1 METER I 66.01 1 16.61 1 74.84 1 17.85 1 59.11 1
341 1 1 74.21 1 14,25 I 18,61. 1 71,35 1 66.11 2
351 1 1 126,11 1 25.51 24.44 1 134.11 1 44,11 1
361 1 1 213.11 1 36,11 1 33.11 S 225.11 1 161.11 s
371 1 1 Nil 1 221.11 1 213.56 1 281,11 1 211.11
1
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PAGE 2 of 2
810 1 1166 1 I i 1 1
I 1 i I I
I I 1 i I
BID NAME ELECTRIC METERS CURRENT 1 PDLELINE I D90M 1 CO. XLSON ELECTAICI PRIESTIA I
TRANSFORMERS, METEA 1 ELECTRIC I I I iIALT.1 I
SOCKETS I I 1 1 I
OPEN DATE 11-8.91 I I 1 1 1
I I I I 1
I i I I I
ACCOUNT 1 I I I I I
1 1 QTY I 1FEM DESCRIPTION I VENDOR I VENDOR I VINDOA I VENDOR i
I I---------------I----_°_-____.-I.._.__°_......I...............1
I I METERS I I I I 1
1 I I I NIB I NIB 1241.11 1 41.61 1 NIB 1
2 1 1 I NIB I NIB 1241.18 1 155.151 Nil I
3 1 I 1 NIB 1 NIB 1231.51 1 305 1 Nil 1
4 1 I i NIB I Nil 1238.21 1 152.751 Nil 1
5 1 I 1 Nil I Nil 1256.51 1 1731181 Nil 1
6 1 1 1 Nil I Nil 1364.41 0 287.611 Nil I
7 1 I 3 NIB I NIB 1485.41 1 320.551 Nil I
1 1 1 I Nil t Nil 1363.91 1 298.451 KID 1
9 1 1 1 Nil I NIB 1364.41 1 287.611 NIB 1
111 1 I 1116 I Nil 1414.65 1 342.111 Nil I
111 i Nl/ I Nil 1411.11 1 315.711 NIB I
121 I 1 NIB I Nil 1411.111315.111 Nil I
131 1 1 Nil I Nil 1473.15 1 307.711 NIB I
141 1 1 NIB I Nil 1473.15 1 381.711 Nil i
151 1 1 Nil I Nil 1311.411286.111 Nil I
161 1 1 Nil I Nil 1311.41 1 206.111 NII I j
171 I I Nil I Nil 1414.11 1 318.511 NIB 1 j
l81 I I NIB I NIB 1271.35171.811 111 1
191 1 1 NIB i Nil 1396.95 1 321.111 Nil I
211 1 1 NIB I Nil I KID 1 43.55 1 Nil I
211 1 TRANSFORMER 1 27.51 1 37.75 1 31.11 1 42.54 1
221 1 1 26.51 1 39.36 1 31.11 1 43.51 1
231 1 1 32.11 1 BLBI 1 36.73 1 63.92 1
4
241 I I 81.81 1 36.75 1 63.92 I
3 11 I .
251 1 1 56.51 1 NIB I Nil 1 $6.11 I
11 261 1 1 $6.51 1 Nil 1 56.31 1 56.11 1
271 1 1 56.51 1 Nil 1 56.38 1 56.11 1
211 1 1 56.51 1 Nil 1 56.31 1 56.11 1
291 1 1 $6.51 1 KID 1 56.31 1 56.11 1
311 1 1 56.51 1 Nil 1 58.31 1 56.11 1 j
E }11 I t $6.51 1 Nil 1 56.31 1 62.11 I
321 1 1 of I Nil 1 56.31 1 62.11 1
331 1 METEN 1 87.51 1 Nil 1 16.11 1 Nil I
341 1 1 19125 1 Nil 1 11.98 1 Nil I
351 1 1 Nil I Nil 1 24.81 1 Nil I
361 I I Nil I Nil 1 35.11 1 Nil I
371 1 1 All 4 111 1 219.11 I Nil I
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2651L-3/3689
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NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE
AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City has solicited, received and tabulated
competitive bids for the construction of public works or
improvements in accordance with the procedures of state law and
City ordinances; and
WHEREAS, the City Manager or a designated employee has
received and recommended that the herein described bids are the
lowest responsible bids for the construction of the public works
proposals
lans and specdescribed in the bid ifications therefore; invitation, NOW, THEREFORE,
and p
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: R
i
SECTION I. That the following competitive bids for the
construction opublic works or improvements, as described in the
"Bid Invitations', "Did Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed according
to the bid number assigned hereto, are hereby accepted and
approved as being the lowest responsible bids:
BID NUMBER CUNT1lACTOR AMOUNT
1168 NORTUART SUVICR IPG _ ,}9[.nAe_nn
1159 ns~~rm mcrlr:: °::•F-iPl6 - sa"--r-__~~ nn _
1153 rern~ PURT.7C_L.o. - - _11R~?ac t.n _ ~
1
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' I
SECTION It. That the acceptance and approval of the above
compet t ve s shall not constitute e. contract between the City
and the person submitting the bid for construction of such public
works or improvements herein accepted and approved, until such
person shall comply with all requirements specified in the Notice
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to Bidders including the timely execution of a written contract h~
and furnishing of performance and payment bonds, after notifi- I1
cation of the award of the bid.
SECTION III. That the City Manager is hereby authorized to
execute all necessary written contracts for the performanco of
the construction of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such
contracts are made in accordance with tho Notice to Bidders and
Bid Proposals, and documents relating thereto specifying the
terms, conditions, plans and specifications, standards, quantities
anc. specified sums contained therein.
SECTION IV. That upon acceptance and approval of the above
com f1`t3ve Fills and the execution of contracts for the public
works and improvements as authorized herein, the City Council
hereby authorizes the expenditure of funds in the manner and in i
the amount as specified in such approved bids and authorized
contracts executed pursuant thereto.
SECTION V. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of , 1990. 4
i
s
t
BOB CASTLEBERRY, 14AYOR
i ~
j ATTEST:
~ I
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DP,AYOVITCH, CITY ATTORNEY .
BY.,
I
PAGE 2
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` DATES 11-20-90
CITY COUNCIL REPORT
TOs Mayor and Members of the City Council
FROMs Lloyd V. Harrell, City Manager
SUBJECTS Bid !1168--Tree Trimming
M RECOMMENDATIONS We recommend this bid be awarded to the
lowest bidder, Northeast Service Inc., dba Horton Tree
I~ Service, in the following amountes
A) Open Easement (accessible by bucket truck) .59/ft
B) Closed Easement (requiring hand climbing) 1.18/ft
C) Trim Below Phone Lines (additional to A&B) .15/ft
*Item C will be split 50/50--GTE S City of Denton
SUMMARYS This is an annual contract for tree trimming
service to clear electric distribution lines and telephone
communication lines. The total contract price is not to
exceed $134,000.
BACKGROUND: Tabulation Sheet
PROGRAMS, DEPARTMENT OR GROUPS AFFECTEDS
Electric Utility Overhead Distribution
FISCAL IMPACTS This project will be funded from 1990-91
funds approved for maintenance of overhead distribution
system (Account 0610-080-0252-8338).
Rasps lly submitteds
/l
v' '
Loyd V, Harrell
City Manager
Prepared byt
i
Names Tom D, Shaw, C.P.M.
Titles Purchasing Agent
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DATES 11-20-90
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROMt Lloyd V. Harrell, City Manager
SUBJECTi Bid #1159--Heritage Oaks Roof Repair Phase II
RECOMMENDATIONi We recommer.l cbe bid be awarded to the
lowest bidder, Denton Trinity Roofing, in the amount of
$53,152.00 plus a 10% contingency :or additional cost per
foot items if required. Total contract amount to be
$58,467.00.
SUMMARY: This bid is to repair the roofs at Heritage Oaks.
We have recommended the repair of the roofs on 15 of the 24
buildings due to budget restraints. CDBG and Housing
Authority grant funds available total approximately $60,000.
The roofs on 24 buildings were listed on the bids however,
it was made very clear in the bid documents that the
quantity may be reduced and that if reduced, the remaining
roofs would be repaired at the unit price. The recommended
contractor is aware of the proposed quantity reduction and
is agreeable to there reductions.
BACKGROUNDt Tabulation Sheet
Memorandum from Barbara Ross, CDBG Coordinator
i
PROGRAMSj._DEPARTMENT OR GROUPS AFFECTEDt
Community DeValo menu & Residents of Heritage Oaks
i
FISCAL IMPACTS Funds for this project will come from CDBG
and Housing Authority grants.
Rerpe tfully submitteds
loyd V. Harrell
City Manager
Prepared byj
Names Tom D Shaw, C,P.M.
Titles Purchasing Agent
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CITY of DENTON
Community Development Office
1110 Wool Oak Suite B
Denton, texas 78201
(817) 688.8480
MEMORANDUM
,.vsaFTo: Tom Shaw, Purchasing Agent
From: Barbara Ross, Community Development Coordinator
Date: November 6, 1990
Subject: Heritage Oaks Roof Repair Phase II
Aftar consultation with Cheryl Fox, Heritage Oaks Manager,
the decision has been made to accept the bid of Trinity Roofing
for the repair of roofs at Heritage Oaks.
wa would like to accept the bid of $53,152 as quoted for the
first fifteen (16) buildings on the work order (186/188 to
177/180). If possible, the contract should also inolt-de a 10%
contingency for additional "cost per foot" items. Total contract
amount will be 4660467.
Please let me know if you have any questions or need
additional information. If this contract amount is correct, let
me know and we will prepare a purchase request. Thank you.
J ,I
Barbara Ross
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In The American Tradition
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The Community Development Block Gmnt -
Meeting needs at hom4 t
in the family,
and thmughout the neighborhood 1~
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DATE: 11-20-90
CITY COUNCIL REPORT
TOr Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City hanager
SUBJECTi Bid /1153--Ball, Mingo 6 Scripture Drainage
RECOMMENDATION: We recommend this bid be awarded to the
lowest bidder, Jagoe Public Construction Co., in the amount
of $718,285.40,
SUMMARY: This bid is for the labor, materials 6 supplies to
install storm sewer and other drainage related items in
these general areas:
1) Intersection of Bell Avenue 6 Mingo Road, North on Mingo
to Vine and along Vine to Grove
2) Intersection of Mingo 6 Schmitz, Northeast along Mingo to
Ruddell
3) Along Scripture from 135 East to Bonnie Brae
BACKGROUND: Tabulation Sheet
Memorandum from Jerry Clark dated 11/2/90
i
PROGRAMS, DEPARTMENT OR GROUPS AFFECTED:
Engineering Department and citizens utilizing
these areas, j
FISCAL IMPACT: Funds for this project will come from bond f
funds for drainage improvements.
Respe lly submitted:
/ i
Lloyd Harrell
City Manager
1
Prepared by:
Names Too D. Shaw, C,P.M. `
Titles Purchasing Agent
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CITYo/oENroM, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (811) 566•8200
MEMORANDUM
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DATES November 2r 1990
TO: Tom Shawr Purchasing Agent
s
PROMS Jerry Clarkr Director of Engineering 4 Transportation
SUBJECTS Bid 1153
The lowest bid for the Bell, Mingo, and Scripture Drainage project was
received from a local contractor (Jagoe Publiol The unit prices have been
reviewed by Engineering personnel. Our pre-bid estimates for the project were
lower than the ¢718,285.40. However, 5bids were hi fce,receThe ivedo at# bid
good
}108,400 below any other bidder. This suggests prices
based on current market conditions since 151 was left on the table.
,
The bond funds available will allow us to fund this project with no transfers
or impact on interest money. The Scripture bid leaves over 1801000 to do
paving which is completely adequate based on the Street Department doing most
of the work. i
Please place this project on the No-ember 201 1990 City Council agenda for
approval.
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November 20, 1990
CITY COUNCIL AGENDA ITEM
TOt MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM= Lloyd V. Harrell, City Manager
AS,
RE= CONSIDER AN ORDINANCE OF THE CITY OF OFXTHE
APPROVING PAYMENT MENT OF OF
ANNUAL ADMINISTRATIVE FEE FOR PARTICIPATION IN THE
UPPER IT
EXPENDITURE OFREFUNDS L THEREFOREI AND PROVIDING AUTHORIZING
FORTAN WATER DISTRICT; EFFECTIVE DATE.
i
RECOMMENDATION
The Public Utilities Board, at their meeting of October 17
1990, recommended to the City Council approval
the annual administrative fee of $17,383 to the Upper
Trinity Regional Water. District (UTRWD). I j
SUMMARY
Attached is a letter from Tom Taylor, General Manager of the
UTRWD, regarding the annual administrative fee and the `
deadline for "Contract" or "Participant" membership.
Also attached is a copy of the UTRWD 1991 budget. The fee
is for administrative services only of the UTRWD, which is
primarily for continuing startup activities
projects tual now
regional planning activities. a
being undertaken by the UTRWD, some of the Manager's and
office expenses are being paid out of the project funds
which are paid by the direct beneficiaries of the project.
}
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li Tom Taylor's letter also notifies Denton of the May 311
1991, deadline for entering into a membership contract.
There are two options for membership:
1. Contract Membership
2. Participation Membership
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"Contract" membership would provide Denton the to year
option to become a "participating" member. Since Denton
will, in the near future, be entering into participation
contracts with the UTRWD for some of the pipelines
associated with the Ray Roberts Water Plant and the pipeline
between Denton and old Alton, plus a participation contract
for part of the Cooper Reservoir Water, it is not necessary
to enter into a "contract" membership to keep open the 10
year option. Once a participation contract is signed, the
"contract" membership agreement becomes void.
FISCAL SUMMARY
UTRWD Admin. Fee Cost $17,383
Source of Funds:
Water Budget Special Services Account $8,691.50
Wastewater Budget Special Serv. Acct. $8,691.50
Rasp fully, i.
I loyd . Harrell, CI y Manager
Approved: II
.E. Nelson, Executive Director
Department of Utilities
EXHIBIT I Administrative Fee Invoice
II Letter from Tom Taylor
ill 1991 Budget
IV Minutes PUB Meeting of 11/17/90
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UPPER
= TRINITY OCT •1 ~
Regional Water District
September 26. 1990
Mr. R. E. Nelson
Executive Director
Denton Utilities
215 E. McKinney
Denton, TX 76201
Dear Mr, Ne~
Your parti61/atlon in the Steering Committee efforts to develop a
p
first class regional water and wastewater system for the Denton
County area is producing results. Accordingly, the area can look
to the future with more confidence and enthusiasm.
During the year (on June 16, 1991). the open membership period
will end. At this point. 18 entities have either approved
contracts with the District or are in advanced stages of
negotiation.
The Steering Committee approved a schedule of fees for fiscal
year 1990-91 to support the planning and administration
activities of the Upper Trinity Regional Water District, Your
statement is enclosed. The Distri-:t would appreciate early
payment; but, please note that an alternative schedule is
available. Payment of the fee and your remaining on the Steering
Committee make the City of Denton eligible for membership (or the
equivalent thereof) in the District.
Also enclosed are the District's guidelines for next years work
prograu, Several critical projects and issues will be addressed.
Please suLmit your payment to the District at the address below.
Please call me if you have any questions.
S csrely, I
as E. Taylor
General Manager
TT/.iw I
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Enclosures: Statement
Guidelines for Work Program i
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P .O. Drawer 305 • Lewisville, Texas 75067 • 214.219-1228
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING PAYMENT OF THE
CITY OF DENTON'S SHARE OF THE ANNUAL ADMINISTRATIVE FEE FOR
PARTICIPATION IN THE UPPER TRINITY REGIONAL WATER DISTRICT;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, the Public Utilities Board of the City of Denton,
Texas on October 17, 1990, recommended approval of an expenditure
of funds to pay the City's share of the annual administrative fee
for participation in the upper Trinity Regional Water District; and
WHErtKAS, the City Council has determined that it would be in
the beep i.,iterest of the City to ac:.ept said recommendation; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINSt
SECTION i. That the City Council hereby approves the recom-
mendation of the Public Utilities Board of the City of Denton,
Texas to pay the City's share of the annual administrative fee for
participation in the upper Trinity Regional Water District,
SECTION ij. That the City Council hereby authorizes the ex-
penditure of funds in the amount of Sevonteen Thousand Three
Hundred Eighty Three and no/100 Dollers ($17,383.00) to pay the
City's share of this fee.
SECTION III. That this ordina•.tce shall become effective im-
mediately upon its passage and approval.
PASSED AND APPROVED this the day of , 1990,
1
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY;
APPROVED AS TO LEGAL FORMt
DEBRA A. DRAYOVITCH, CITY ATTORNEY
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UPPER TRINITY Regional Water District
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STT,
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TOi CITY OF DENTON
I
PARTICIPATION FEE TO PROVIDE FOR IMPL29EE&TION OF THE DENTON
COUNTY MASTER PLAN FOR REGIONAL WATER AND WASTEWATER SERVICES AND i
SUPPORT OF THE PLANNING ACTIVITIES OF THE UPPER TRINITY REGIONAL
WATER DISTRICT j JI
For Fiscal Year Beginning October 1, 1990 $17,383.00
N I
Participation fees are based on the budget adopted by the
Steering Committee for the Water Study and the Board of Directors
of the Upper Trinity Regional Water District. The fee for each
participating agency is calculated and pro rated according to a
formula based on population. Payment of the fee continues your
representation on the Steering Committee, the policy-making body,
gpj assures your right to participate in the services of the
regional system.
The fee is due October 1, 1990, with payment in full by January
11 1991. Alternatively, you may pay 25% on November 1, 25% on
February 1 and the final 50% on May 1, 1991.
Please make the check payable to Upper Trinity Regional Water
District and mail tot
Upper Trinity Regional Water District
0 396 W. Main, Suito 102
P. 0, Drawer 305
Lewisville, TX 74467
Please enclose a copy of this statement with your check.
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VPPU TRINITY 1130I001. MATER DIS'IVICT
JUME 14, 1500
PROP09ED IR=S LD CONT11:1KI 'IONS
my 6TEERINO Coq(ITTEE N13D1IRr
FOR EXPENSE OF AOMIMIS'1DATION AND FLAMING
FISCAL YEAR 1550-91
Proposed.++
Lot lasted 1906-so 0-to 1190-51
1190 Population Contribution Contribution Coatributios
Argyle MSC 1.100 7.356 490 025 A
Arrgqyyto. City of 1.650 91314 HO Ills
ARuLrey, City of 11900 3,364 450 600
4artonvills we 3.397 30101 1.446 1.696
Sartonville, Town of 603 11935 403 402
Slaekroek MSC 604 10101 400 400
soli"ar MSC•+ 3.620 31033 1.6105 -0-
Carro:lten (Denton Ce) 37.932 131341 10,140 13.160
Celina, 11tty of 1.950 2,504 900 975
CCerlntACaClatn, Town of 3.700 7.910 l,7µ50 1.~ 0
Denton. CCityy of 70.250 33.640 34,577 17,363
Denton Co. rm to 1.0011 350 250
Double Oak, Town of 1,700 3.546 6005 450
Flower Nsund, Town of 14,950 7.530 51650 7,675
Friaos, City of 61700 4.435 20544 31265
Night and Y111ago.City 7.050 4.470 3.020 3,433
Justin, city of 1.300 2.306 550 660
Nruprvills, City of 743 1.1!9 350 373
Nrr. City of 1.400 3,351 636 700
looks Cities MA 7,776 6334 3,473 31750 kk ~
Lewisville. City of 44,400 16.750 111136 14.334 i
Little Elm. Town of 1.350 1.323 579 623
NWtong MSC 1.960 2404 too too
NortAlake. Town of l4Il t.099 350 350
Facers Mater Co. 300 1,072 250 250
Filet Point, City of 20710 3,714 11375 1,37!
Ponder, Town of 350 1.096 150 380
Prosper, Town of 11054 10374 467 $25
The Colony, City of 19,300 9,338+ 7,178 a 6,931
eiaril•not Ipatpaid.
~
rlMTOFAL 249.314 74.677 N.493
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Lass Co"Unpow Allownes - !3,177 - 16.331
Total Member Contributions 4'',100 71,173
reatoll County contribution 60.000 1116004 35,000
Total ProJostod Contributions 31,100 lO4,t73 "
fltbw Mwnw &rA Transfers 49,300 17,30
Teta1 Prsloet" runds 6133.400 115t,rN
+++Conlrllutlen Forwlu Minimum
13ra
lot $000 pvpulatlem • 1.10/4aplta
newt 30,000 • 1,48/4apits
ever 31.000 • 13/060ita
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FY 1990-91 September 13, t990
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OPERATING- BUDGET
UPPER TRINITY REOIOFAL WATER DISTRICT
FY 1990-91
Estimated
1989-90 Budget Admn. + Projects
personnel Services
( 1) Clerical 6 Admn
1
Admn. Asst. 11.300 15,912 10,343 (65%) 5,569 (35%)
Clerical 11800 6,700 6.525 (75%) 2,175 (25%)
Reserve 2,461 L687 774
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Total Clerical i Admn 13,100 27,073 16,555 8,516
21 Taxes
dicsrs. 1.45fc 203 393 269 124
Unemployment 1.10% 154 296 204 94
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Retirements 7,65% 2.-071 1.419 ..y+7Z
Total Taxes 357 2,762 11892 670
j I Total Personnel Services 13,457 29,835 20,447 9,386
Professional 84rvices
( ! 1) !tanager's Contract
! a) Direct Cost 50,400 50,400 32,760 (65%) 17,640 (35%)
b) Indirect Cost 21,600 21,600 14,040 (65%) 7,560 (35%)
` 2) Staff Engineer 1,600 15,000 15,000 (100x)
3) Accounting Services 2,050 4,500 2,925 (65%) 1,575 (35%) ~
4) Legal Services 15,800 15,500 13,950 (90%) 1,550 (10%)
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k Leal Professional
Services 91,650 107,000 63,675 43,325
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Estimated
1989-90 Budget - Admn + ProJectsi
vfice Expense
1) Telephone
a) Office 11900 2.700
b) Cellular Phone 1,200
Total Telephone 11900 3,900
•'xT
2) Postage, Supplies,
and Printing
a) Postage 1,400 1.800
b) Office Supplies 1.150 1,200
c) Printing (station-
ery, business
cards) 850 1.090
Total 3.400 4,090
3) Equipment 4 Furn.
a) Purchase 3,200 21500
J b) service 400 1,200
c) Rental 280 350 !
Total 3,880 4,050
I.
4) Office Lease 3,280 51900
Total Office Expense 14.460 17.940 11,660 (65%) 6,200 (35%)
Other Expense
r
1) Travel & Meetings
I
a) Auto Allowance 3.600 2,520 (70%) 1,080 (30%)
b) Conferences 1.093 2,000 11600 (80%) 400 (20%) j
c) Travel. General 1,166 2,000 11000 (50%) 1,000 (50%) i
d) Mileage 1,306 800 400 (50%) 400 (50%) r
e) Meetings Expense 500 350 (70%) 150 (30%)
Total Travel 3,565 81900 5,670 3.030
2) Memberships d Dues 250 500 325 (65%) 175 (35%) t
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Estimated
J 1489-90 Budget kdmn. + Protect
3) Public Information 2,000 1,300 (65%) 700 (35%)
4) Insurance
a) General Liability 320 1,000
b) Non-owned Car Ins. 77 80
i
c) Prop. Insurance 43 80
d) Errors i Omissions 1,900 31000
a) Vorkers Comp . U 220
Total Insurance 2,406 4,390 2,650 (65%) 1,530 (35%)
51 Miscellaneous
a) Little Elm Permit 150
b) Other 1,350 5.000
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Total Miscellaneous 1,300 8,000 3,250 (65x) 1,750 (33%)
Total Other Expense 7,721 20,780 13,595 7,185
Total Expenditure 127.288 175,555 109,377 66,176
Year End Carryover-
Reserve 10.000
Total 127,288 185,555
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1969-90 1990-91
sourges a Funds
Carry rorward 12,500 4.000
Interest Income 2,961 51000
Capital Funds 50.750
(a) Current Projects
(b) ProjeFund Development 18.833
Total Capital 25.620 69,563
Steering Committee 7,000 21000
Member Contributions 05.492 104,172
Total 1..3.573 185.555
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September 13, 1990
!'Y 1990-91
CAPITAL IlUDGL"I
UPPER TRINITY REGIONAL WATER_DIKMICT
RECAP
EQUIPMENT & FURNITURE PURCHASE S 2,500
REGIONAL WATER PROJECT
-DIRECT $1,315,000
-JOINT WITH HIGHLAND VILLAGE $ 5601000*
-JOINT WITH DENTON 11,575,000*
-CONTINGENCY 396,000
$3,848,000
J RAW WATER PROJECT-COMMERCL S 280,000
{ SOLID WASTE PROJECT S 30,000**
OTHER PROJECTS $ 10.000**
r CONTINGENCY $ 40,000**
I TOTAL $4,210.500
` *To be allocated between the parties
**Funded from Project Development Fund J
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NOTE: Except as noted, all costs to be borne by tt,e benefiting j
parties.
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FY 1990-91
PRELIMINARY ESTIMATES
OF PROJECT COSTS
REGIONAL WA'T'ER SUPPLY PROJECT
nirwr* pistrict Cost - Piveline System
Engineering Fees 192
-Preliminary Design 81991 , 0 7.000 -
-Final Design 6 Surveying 200,000 346,000 _
-Easement Surveys & Legal 70,000 3,000
Descriptions 25,000 15,000 -
R-O-W Agent 500,000 310,000 -
Firan Acquisition on 300,000 650,000
- 3,000,000 61990,000
Construction -
Ins ction skin 50 300 000
11,225,000 14,581,000 $7,290,000
Supervision Allocated from
Operating Budget 40,000 50,000 801000
Refund Protect Development Fund 50.000 - -
(Prior Year)
Total l Direct 11,313,000 14.631.000 17,370,000
f
y.IeVwre lark joint Mat with Highland Village (Undividedl -
Engineering Fees 50_000 _ _
R-O-W Acquisition 460,000 1,700,000 _
Construction
1 50 000 50,000
i Testing
Total Joint with Highland Village 560,000 1,750,000
~xsy ♦ r..e 1oin~tLth Demon [Undividedl
Engineering, Construction,
and Inspection $1,575,000 $2,530,000 $3,790,000
Sub Total 13,450,000 18,911,000 $11,150,000
Contingencies 398,000 458,000 473,000
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Annual Totals 13,848,000 $9,369,000 $11,633,000
Grand Total 124,850,000
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EXCERPT
PUBLIC UTILITIES BOARD MINUTES
October 17, 1990
! 9. CONSIDER PAYMENT OF ANNUAL ADMINISTRATIVE FEES FOR UPPER
TRINITY REGIONAL WATER DISTRICT.
i
Nelson reviewed this item advising the fee of $17,383 is for
i administrative services only of the Upper Trinity Regional
Water District, primarily for continuing startup activities
and mutual regional planning activities.
Lane!r made a motion to recommend to the City Council
approval of subject fee, Second by Chew. All ayes, no nays,
motion carried.
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November 20, 1990
CITY COUNCIL AGENDA ITEM
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM; Lloyd V. Harrell, City Manager
RE: CONSIDER ORDINANCE REGARDING APPROVAL OF AN INTERIM
WASTEWATER TREATMENT SERVICES CONTRACT BETWEEN CITY OF
DENTON AND THE UPPER TRINITY REGIONAL WATER DISTRICT
(UTRWD).
RECOMMENDATION:
The Public Utilities Board, at their meeting of July 23,
1990, recommended to the City Council approval of the
interim wastewater treatment services contract between the
City of Denton and the Upper Trinity Regional Water
District.
BACKGROUND:
Since the creation of the Upper Trinity Regional Water
District (UTRWD), the District has been working to develop
wastewater treatment services to several Denton County
communities. The City of Denton's position has been to
encourage and support the development of the regional
wastewater treatment concept by making available to the
District excess capacity and directing requests for service
to the District.
Denton and the District have been working to develop a
contract twat would allow the District to utilize excess
capacity of the Denton facility. The culmination of these
efforts have resulted in the attached contract. This
i proposed contract provides for a standardized contract that
the District can utilize to provide wastewater treatment
services to certain Denton County communities.
i
SUMMARY:
The main parts of this contract are as follows:
1. It is a standard contract that will be applicable for
UTRWD's use to serve Denton County aroa cities of
Corinth, Argyle, Corral City, Hickory Creek and Krum,
where sewer lines can be extended to Denton's trunk i
sewer system.
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UTRWD
2. It makes available only excess capacity in n
day system azid
capacity. setcity. s aside a minimum of 300,000 galloons pee
3. It is an interim contract only and agrees to provide
:Dint planning, funding and ownership with UTRWD in
future wastewater plant expansion or development.
4. Requires written approval from Denton
of any customers ':o UTRWD's system, prior to addition
5• Denton may terminate the agreement after in UTRWD
one year of noti:e if UTRWD and Denton fallito enter
into a joint ownership agreement.
6. UTRWD will be required to adhere to Denton's
pretreatment regulations and criteria.
7. Denton offers to provide pretreatment administration,
inspection, laboratory testing and analysis services
for customers of UTRWD under separate contract that
will fully compensate Denton for costs of such
services, if UTRWD or its customers do not have such
services available.
8. Rates shall be based on a methodology acceptable 1o the
F Texas Water Commission and will generally follow the
"Utility" method of rate making. Denton's "cash" methodolo.) Rates shall (This is in contrast f
operation and maintenance expense, depreciatingir*Lgrn
on investment on applicable rate base at a rate equal
to Denton's imbedded interest on outstanding wastewater
revenue bonds plus 1.51, plus any other reasonable
expenses of the wastewater aystem.
9. Denton will notif 1
enacting amendmentsytoUth grate ety (90) days prior to '
1
10. Term of the contract will be from date of consummating
the agreement to December 31, 1999,
FISCAL SUMMARY:
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Anticipated rates for the UTRWD are:
Facility Charge $125
Commodity Charge 2.15
Exaplei Facility charge gpd) Volume :125.00
X27.25
I Total ;05.15/month I
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UTRWD
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTEDt
City of Denton, Denton Municipal Utilities, Legal
Department, Upper Trinity Regional Water District area
communities.
rea
Resp tfully submitted 1
NLloyd Harrell, City onager
Prepared/Approved by:
Nelsor; Executive Director
Department Utilities
Exhibit I Proposed Interim Wastewater Treatment Contract,
City of Denton/UTRWD ;
II Ordinance
III PUB Minutes of Jul
Y 23, 1990 I
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ORDINANCE NO.
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND
THE UPPER TRINITY REGIONAL WATER DISTRICT PROVIDING FOR INTERIM
WASTEWATER TREATMENT SERVICES; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the Mayor is authorized to execute the
Agreement for Interim Wastewater Treatment Services between the
City of Denton and the Upper Trinity Regional Water District, the
original of which is attached hereto.
SECTION LT. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of
T, 1940.
BOB CASTLEBERRY, MAYOR
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s ATTEST.,
JENNIFER WALTERS, CITY SECRETARY
! BY: _
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APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYGVIT
CH, CITY ATTORNEY
t BY: 'OM Vh✓~
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119026
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INTERIM WASTEWATER TREATMENT' SERVICSS CONTRACT
BETWEEN THE CITY OF DENTON, TEXAS AND
THE UPPEP. TRINITY REGIONAL WATER DISTRICT
This Agreement is made between the Upper Trinity Regional
Water District (the District), a conservation and reclamation
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district created pursuant to Article XVI, section 59 of the
Constitution of the State of Texas, and the City of Denton
(Denton), a municipal corporation of the State of Texas.
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Recitals
j The District proposes to develop a regional wastewater systea
in the Denton County area and proposes to enter into contracts with
entities (Participating Members) to provide regional wastewater
services to those entities. Denton owns and operates a wastewater
'E collection, treatment, and disposal system in Denton County, Texas,
I and the District desires to utilize the excess capacity of the
Denton system for the collection, treatment, and disposal of the
j Members' wastewater.
j The "Denton County Water and Wastewater Study-Regional Master
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Plan for the Year 201011, recommends that certain portions of Denton
County be provided regional wholesale wastewater service through
the Denton wastewater system. Denton has agreed to provide waste-
water services for the District on an interim basis, with the
expectation and on the condition that the District will in the
future enter into another contract with Denton to provide for the
joint planning, funding, and ownership of additional wastewater
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collection and treatment facilities to serve the future wastewater
requirements of both the District and Denton.
Aareeme„=
In consideration of the recitals and the mutual promises of
each, the District and Denton agree as follows:
ARTICLE I
GENERAL
I.I. Definitions.
"Major Industrial/Commercial User" shall mean any user of a
Participating Member's wastewater system that:
(a) discharges 50,000 gallons or more of wastewater per
average work day;
(b) is regulated by the Categorical Pretreatment Stan-
dards; or
(c) is found by Denton to discharge wastewater which can
cause deterioration of the sewer system facilities or
is detrimental to the biological process of the
treatment plant.
t "Participating Member" or "Member" shall mean any entity that
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contracts with the District to provide wastewater treatment and
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disposal services, all or part of which are to be provided by
Denton under this Agreement.
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"Pretreatment Service Program" means.
(1) Wastewater treatment by a major industrial/ commercial
user before it is discharged into a public sewage system
when necessary to comply with Federal or State laws or
~r regulations;
(2) The monitoring, testing, and inspection of a user's
wastewater discharges to insure the discharges do not
violate Federal, State, or local laws or regulations
regarding wastewater discharges or cause Denton to be in
violation of any required wastewater, operating, treat-
ment, or discharge permits; and
(3) Ordinances, rules, or regulations imposed by a Member
with lawful regulatory authority over all persons
discharging wastewater into a Member's system, that
provide penalties, remedies, or other enforcement
mechanisms to insure compliance with state and federal
laws and regulations regarding wastewater discharges.
"Point of Entry" means the location or locations where
wastewater from the District is delivered to the Denton system, as
shown in Exhibit B.
"Service Area" means the land area served with wastewater
collection facilities by any Participating Member of the District
whose wastewater is to be received by Denton under this Agreement.
"SUO" or "}Sewer Use Ordinance" means ordinance No. 82-39, as
enacted by the City Council of Denton, as amended, and codified as
Article VIII of Chapter 25 of Denton's Code of ordinances, I
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providing for the regulation of wastewater discharges into the
Denton system.
"Wastewater System" or "System" means any property, equipment,
or facilities used for receiving, transporting, treating or
disposing of wastewater,
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1.2. Exhibits. All exhibits attached to this Agreement are
true and correct copies of the originals and are incorporated
herein for all purposes.
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ARTICLE II
WASTEWATER SERVICES TO BE PROVIDED
2.1. General. The District shall deliver and discharge
wastewater into the Denton wastewater system and Denton shall
transport, treat, and dispose of the wastewater received from the
District, in accordance with this Agreement.
2.2. Prior Member Approval. The District shall not allow or
cause wastewater from a Participating Member to be discharged into
J the Denton system without first obtaining the written approval from j
the Executive Director of Utilities. The Director's approval shall j
~'j be given if, in the judgment of the Director, the discharge of the
Member's wastewater into the Denton System would not violate any
provision of this Agreement. The Director's written approval shall E
be limited to the cities of Corinth, Argyle, Corral City, Hio,cory
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Creek and Krum, which are or may become Participating Members of
the District.
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2.3. Maxisausa Daily Flow Specified for Each Service Year.
(a) The maximum amount of wastewater to be treated by
Denton under this Agreement shall be established for each service
Year based on maximum daily flow, in gallons per day. A Service
Year shall be the period of time from October 1 to September 30,
except for the first Service Year, which ohall be the time from the
date wastewater service begins to the next September 30. The daily
flow shall be measured at the location or locations where the
wastewater is metered.
(b) For the first Service Year the District may discharge
wastewater into the Denton system at a maximum daily flow of 3n a00
gallons per day. The estimated average daily flow for the first
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service year is 10.000 $als. Not less than 120 days prior to the
beginning of the second Service Year and the beginning of each
successive service Year thereafter, the District shall give written
notice to Denton of the District's requested maximum and average
daily flow for the following service Year and the projected maximum I
and average daily flow for each successive Service Year during the
term of this Contract. f
(c) Each notice required to be given by the District of
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Its maximum and average daily flow requirements for each service
' Year shall be designated as Exhibit E, be signed by the authorized
4 agents of both parties, and attached hereto and be incorporated
herein by reference. i
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(d) Should the District fail to give timely notice of its !
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wastewater treatment requirements for any Service Year, the maximum
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daily flow for the succeeding service Years shall be the same as
that established by the prior notice properly given.
(e) Denton, may, but shall not be obligated to receive or
treat any wastewater in excess of the maximum daily flow specified
i by the Distri-,t in its written notice for each Service Year.
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Denton shall never be required to receive or treat more than
300,000 gallons of wastewater per day from the District except as
provided for in paragraph 2.5. The obligation of Denton to receive
and treat District wastewater shall also be subject to the
provisions of 2.4 regarding the use of excess capacity of the
Denton wastewater system.
2.4. service Limited to Excess Capacity.
(a) The wastewater services provided by Denton to the
District shall be solely from the excess wastewater collection and
1 treatment capacity of the Denton system.
(b) As the wastewater collection and treatment demands of
the Denton system increase, Denton will be required to either make
use of the excess capacity being allocate.': to the District under
this Agreement, or construct additional wastewater treatment
facilities. However, Denton may not be able to afford to c=jtruct
sufficient wastewater facilities to meet the future wastewater
requirements of both Denton and the District unless the District
enters into a contract with Denton to provide for the joint
planning, funding, and ownership of additional wastewater
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collection and treatment facilities.
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(c) This Agreement, therefore, contemplates that continued
performance of the collection and treatment of wastewater by Denton
for the District throughout the term of this Agreement is based
upon the expectation and condition that the parties will enter into
ecut/ a separate contract to provide for the cost of additional waste-
water collection and treatment facilities to meet the future
wastewater needs of both parties.
(d) If, at any time during this Agreement, Denton
determines that it will need the excess wastewater collection or
treatment capacity allocated to the District to serve the
requirements of the Denton system or proposes to review or accept
engineering proposals for the construction of additional wastewater
treatment facilities, Denton shall give written notice to the
District.
(e) If, within one year after the date the written notice
is sent, by Denton to the District, the parties fail to enter into
a separate contract for the planning, funding, and ownership of
additional wastewater treatment facilities as contemplated in this
Agreement, Denton may terminate this Agreement at any time after
two years from the date the notice was sent, by giving the District
a notice of termination at least one year prior to the termination
date specified in the notice of termination.
2.5. District's Request for Increased capacity.
(a) If, prior to the time Denton gives notice under
section 2.4, the District determines that it needs more capacity
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than the maximum 300,000 gallons per day volume allowed under this
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Agreement, the District shall give Denton written notice specifying
the view maximum gallons per day limitation being requested.
(b) If, within one year after the date the written notice
is sent by the District to Denton, the parties fail to enter into
a separate contract for the planning, funding, and ownership of
additional wastewater treatment facilities as contemplated in this
Agreement or Denton fails to agree in writing to a new maximum
volume above 300,000 gallons per day as requested by the District,
the District may terminate this Agreement at any time after two
years from the date the notice was sent, by giving Denton notice of I
termination at least one year prior to the termination date
specified in the notice of termination.
ARTICLE III
MASTER PLAN AND INVENTORY
3.1. Master Plans. The District shall provide Denton a written
wastewater master plan, prepared by a registered professional
engineer, for each Participating Member, containing thrd information
required in Exhibit A, before the wastewater of the Participating
Member is discharged into the Denton system.
3.2. updates. An updated master plan for each Participating
Member shall be submitted to Denton within five years of the date
the Member begins wastewater discharges into the Denton system.
3.3. Annual Inventory. The District shall provide to Denton in
writing b February I of each
by y year, as to each Participating
Member, the following:
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(a) The number of domestic users being served under this
Agreements
(b) The number of industrial/commercial users being served I
under this Agreement; and
(c) The name and address of each major industrial/ 1
r~ commercial user being served under this Agreement.
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ARTICLE IV
FACILITIES AND POINT OF ENTRY
4.1. District to Provide Facilities and Property. The District
shall provide all lines, lift stations, and associated facilities
and shall acquire all property interests, licenses, and permits
that are necessary to collect and transport wastewater from each
Participating Member to the Denton system.
4.2. isvailities Within Denton. Any lines and facilities
constructed by or for the District for the purposes of carrying out
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this Agreement which are located within an area for which Denton
holds a certificate of public convenience and nacessity to provide
sewer utility service shall comply with standards and
specifications approved by Denton. For those lines, Denton may
require that the lines or portions thereof be oversized pursuant to
a separate participation agreement with the District, if Denton
agrees to pay for the increased cost of the oversizing. Denton
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shall have the right to approve the location of any oversized
lines. Upon completion of an oversized line and payment by Denton 1
of its participating share, the District shall transfer to Denton
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ownership of the oversized line and associated easements and
property interests.
4.3. District to Convey to Point of Entry. It shall be the
sole responsibility of the District to convey and deliver the
jav wastewater from each Participating Member to the Point or Points of
Entry approved by Denton and designated in Exhibit B. A Point of
Entry may be changed, or additional Points of Entry added upon the
approval of Denton, which shall be indicated by amendment of
Exhibit B, signed by the agents of the both parties. The District
shall pay for any change in the location of a Point of Entry, if
the change was requested by the District.
4.4. Control Manholes. The District shall construct, install,
and maintain for each Point of Entry a control manhole to allow
Denton to monitor the wastewater received from the District. The
control manholes shall be located and constructed in accordance
with specifications approved by Denton, so as to allow Denton to
have unrestricted access at all reasonable times. Upon completion,
the control manholes shall become the property of Denton and shall
be maintained and repaired by Denton.
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ARTICLE V 1
METERING
5.1. Installation. The District agrees to furnish and install
or cause to be furnished and installed at its own expense at each .
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Point of Entry, the necessary equipment and devices, as approved by
Denton, for measuring all wastewater to be discharged by the
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District into Denton's system. Denton may approve alternative
metering locations if metering facilities cannot be located at each
point of entry because of engineering applications. ~f
5.2. ownership. All the wastewater meters and associated 11
equipment shall become and remain the property of Denton upon
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installation and acceptance by Denton and shall thereafter be
operated, maintained, and repaired by Denton. J
5.3. Inspection and Reading. The District shall have access to 71
the metering equipment at all reasonable times for inspection, but
the reading, calibration, and adjustment shall be done only be
employees of Denton. If a District inspection determines that a
meter is not functioning properly, it shall notify Denton within 48
hourv of the determination.
5.4. Calibration. Denton shall calibrate each meter a minimum
of twice a year unless requested in writing by the District to f~
calibrate more frequently. If the District requests Denton to 1
d calibrate a Point of Entry meter more often than twice a year and
Denton finds the percentage of inaccuracy to be five percent or
less, the District agrees to pay for the cost of the calibration. a
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ARTICLE III ~i
REGULATION OF NABTENATER CRARACTERIGTICS
6.1. Denton's Bower Use Ordinance. Denton must receive,
treat, and discharge wastewater in accordance with Federal and
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State laws and applicable regulations imposed by Federal and State
agencies. To insure compliance with these laws and regulations,
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Denton has enacted a Sewer Use ordinance or "SUO," a copy of which
is attached hereto as Exhibit C. To properly regulate the
wastewater discharges received by Denton from the District, the 4
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following provisions of the SUO shall apply to this Agreement:
Sec. 25-132. Definitions.
Sec. 25-133. Administration.
Sec. 25-136. Determining the character and Concentration
of Wastewater.
Sec. 25-160. D--',,charge Prohibitions.
Sec. 25-161. Hazardous Metals or Toxic Substances.
Sec. 25-162. Discharge of Waters Not Containing Sewage.
6.2. Application and interpretation of eUO provisions. The
proviaions of the SUO applied to this Agreement shall be inter-
preted to apply as follows:
(a) A "prohibited" or "unlawful" wastewater discharge
shall mean that the District is contractually pro-
hibited from making such a die,harge into the Denton
system.
f (b) Any provision which relates to or requires a discharge
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permit, shall be interpreted to apply to the District
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and its discharges without regard to a pe nnit.
(c) "Major Industrial/Commercial User" as defined in
section 25-132, shall have the meaning as defined in
this Agreement.
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6.3 tt,endments to Suo.
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(a) The parties recognize that federal and state laws and
regulations concerning wastewater treatment and discharges may
periodically change during the term of this Agreement, requiring
revisions in the SUO. It is the intent of this Agreement that the
SUO hd reviewed periodically by Denton and revised in accordanc3
with the latest laws and regulations of federal and state agencies
having jurisdiction over wastewater treatment and discharges.
(b) Denton shall give written notice to the District at
least 90 days prior to the effective date of any amendment of the
SUO that amends a provision of the SUO that applies to this
Agreement or that adds a new provision to the SUO that Denton is
required to apply to wastewater received by Denton under this
Agreement. The District shall be responsible for giving notice of
the proposed amendmalt to any of its Participating Members affected
by the amendment. Upon the effective date of the amendment to the
SUO, it shall be considered an amendment to this Agreement and
shall be attached to Exhibit C, showing the amendment made.
Failure of Denton to give the notice required herein shall not,
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however, relieve the District or any Participating Member from the
responsibility of complying with the amendment as of the date it
becomes effective.
6.4. Memberla Pretreatmant Service Program.
(a) The parties recognize and acknowledge that for :anton
to properly treat and dispose of the wastewater received under this
Agreement, it will be necessary for Participating Members discharg-
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' ing wastewater from major industrial/commercial users into the
Denton system to have an established pretreatment service program
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to satisfy the requirements of State and Federal laws and
regulations and the requirements and conditions of Denton's
wastewater permits.
~t (b) The Executive Ulrector of Utilities shall not give the
written approval required by this Agreement to serve a Partici-
pating Member if the Member has any major industrial/commercial
customer which requires wastewater pretreatment until the Member
has established a satisfactory pretreatment service program.
(c) Participating Member may establish its own pretreat-
ment service program or contract with another party to provide for
all or part of the required program for the Member. If the Member
establishes its own program, it must be approved by the Environ-
mental Protection Agency, or its successor agency. If all or past
of a pretreatment service program is to be provided to the Partici-
pating Member by an entity other than Denton, the pretreatment ser-
vice program must be approved by Denton as a condition to beginning
and continuing the discharge of any wastewater into any system that
will be received by the Denton system.
(d) If requested by the District, Denton will contract
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with the District to develop and administer pretrratment service
for any Participating Member.
6.5. Notice of Violation. The Executive Director of Utilities
shall send written notice to the District if he determines that a
Member is failing to provide a satisfactory pretreatment program or
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a discharge by the District is in violation of the sUo or this
Agreement. The notice shall contain the following:
(1) the nature and description of the violation;
(2) the provision of the SUO or of this Agreement
violated;
(3) the corrective action that ml:ot be taken; and
(4) the time in which the corrective action must be taken.
Denton and the District shall cooperate to determine the source
of any wastewater discharge violation and agree to cooperate in
remedying the violation, but the District sha1,1 be responsible for {
insuring that the violation is i
ProPer.Y and timely corrected. The ~
Districts failure to have the violation corrected In the time
specified shall be a breach of this Agreement for which Denton may
terminate this Agreement. The District agrees to pay Denton the
costs Denton incurs in the investigation of any wastewater
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discharge violation.
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ARTICLE VII
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RATES AND BILLING
7.1. Applicable Rate. The District shall pay metered wastewater received by the Denton system D at otheo rate
established by the applicable Rate Schedule approved by ordinance
of the City Council of Denton. The Initial Rate Schedule is shown
in Exhibit D. The rate charged the District shall always be Just
and reasonable, without unlawful discrimination, and consistent in
application to the class and type of service provided the District
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under this Contract. The rate charged the District shall be
developed in accordance with the methodology accepted by the Texas
Water Commission and shall include the cost of operation and
maintenance, depreciation, a return on the applicable rate base
} equal to the interest on outstanding wastewater system revenue
bonds, plus one and a half percent interest and other
seasonable expenses. The District shall have access to all data
used to calculate the rate charged and the District may review and
comment on any proposed rate changes.
7.2. Amendment of Rate. The rate charged the District shall {
increase or decrease in accordance with any amendment to the Rate
Schedule applicable to the District, as approved by ordinance of
the City Council of Denton. At least ninety (90) days prior to the
effective date of any proposed amendment of the rate charged to
District, Denton shall send written notice of the proposed rate
amendment to the District. If Denton fails to give written notice
at least ninety (90) days prior to the effective date of the
amended rater the amended rate shall become effectiver as it
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written notice is sent. Upon amendment of the applicable Rate
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Schedule, Exhibit D shall be amended by attaching a copy of the JJ!
amended Rate Schedule. 1
7.1 Billing and Payment.
(a) Denton shall bill and the Aistrict shall pay for the {
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wastewater" services provided for in this Contract, in accordance
with tho procedures and requirements of the applicable Rate
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Schedule and ordinances of Denton, except as otherwise provided in
this Agreement.
(b) Denton shall bill the District monthly for the ser-
vices provided and the District shall pay the bill within thirty
days of the date of mailing.
al (c) If the District disputes the amount of any bill, it
shall still pay the bill. If the parties agree or a court decides
that the District was incorrectly billed, Denton shall credit that
amount to tho District on the next monthly bill or bills.
7.4 corrections in Billing.
(a) If a meter completely fails or the percentage of
inaccuracy of any meter is in excess of five percent, the amount
billed to the District shall be corrected for a period of time
extending back to the time when the failure or inaccuracy began, if
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known, but if not, then for a period extending back to the date of
the last calibration or six (6) months, whichever is less.
(b) In the case where a meter is determined to be reading
inaccurately by more than five percent, a correction to the billing
shall be made as followst
(1) Take the number of gallons measured by the meter
since the last calibration or six months, whichever is
least
(2) Multiply that amount by the percentage of j
inaccuracy to obtain the total number of gallons not
properly registeredt
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(3) Multiply the gallons by the applicable rate at the
time of the inaccuracy to get the amount to be debited
or credited, as appropriate.
(c) In the case where a meter completely fails, a
correction shall be made by using the average of the
gallons of
wastewater billed for the prior three months, or some other
mutually agreeable method, to obtain a daily average, which shall
be applied to the days for which the meter was not working.
(d) Any adjustments in billing provided in this section,
whether a credit or debit, may be satisfied immediately or made in
equal installments over the time equal to the time for which the
failure or inaccuracy was calculated.
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ARTICLE VIII
MISCELLANEOVA
8.1. Term, This Agreement shall become effective beginning on
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1990, and terminate on December 31, 1999.
8.2. Notices. Any notice required under this Agreement shall
be ir. writing and sent by certified mail, return receipt requested,
postage prepaid and addressed as follows:
Notice to Denton: Notice to the District:
Executive Director of Utilities General Manager
Utilities Administration Upper Trinity Regional Water
10 215 E. McKinney Street District
Denton, Tx 76201 P.O. Drawer 305
396 W. Main, Suite $102
Lewisville, Tx 75067
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8.3. Termination.
(a) Remedies Upon Default. This Agreement is not intended
to specify an exclusive remedy for any default, but all such other
remedies (other than termination) existing at law or in equity may
be availed of by either party and shall be cumulative.
Recognizing, however, that the failure of either party to perform
cannot be adequately compensated in money damages alone, both
parties agree that in the event of any default on its part, the
ogler shall have available to it the equitable remedy o' mandamus
and specific performance in addition to any ccher legal or
j equitable remedies ;other than termination) which may be available.
The remedy of termination for default precluded by this paragraph
does not include and does not prohibit Denton from terminating this
Agreement in accordance with section 2.4, or for failure to remedy
a violation under section 6.4 or 6,5, or for the failure of the
District to pay for the services received.
Should the District default in the performance of any provision
f for which Denton is entitled to terminate this Contract, Denton
shall give written notice to the District of the provision
kl~ j breached. For failure to pay for services rendered in accordance
with this Agreement, Denton may terminate this Agreement thirty
(30) days following the date notice of nonpayment is sent unless 1
payment is made by the District within that time. For other
violations for which termination is authorized, Denton may
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terminate this Contract after sixty (60) days following the date
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the notice was sent, unless the District shall perform the
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conditions or obligations specified in the notice within the sixty
(60) day period.
(b) No Waiver. The failure of either party to exercise any
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right of termination or them failure to seek enforcement or
Uri) performance of any provision at any time, shall not be construed to
be a waiver of the performance rf any provision, or the waiver of
the right of either party to exercise its right of termination, or
to seek enforcement or performance of any provision of this
Contract.
(c) Payments Due. The termination of this Contract shall
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not release the District from its obligation to make payments for
services rendered under this Contract prior to the date of
termination.
8.4 Porce Majeure.
(a) If by reason of "force majeure", either party is
unable to perform any obligation of this Contract, it shall give
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notice of the force majeure to the other party in writing within
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ten days of the occurrence relied upon. The obligation of the
party giving the notice, to the extent and for the period of time
affected by the force majeure, shall be suspended. The party
giving notice shall endeavor to remove or overcome the inability
with all reasonable effort. In no case, however, shall the
District's obligation to make payments for wastewater already
delivered to Denton be suspended.
(b) "Force Majeurs" shall mean acts of God, landslides,
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lightning, earthquakes, hurricanes, storms, floods, or other
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natural occurrencesi strikes, lockouts, insurrections, riots, wars,
or other civil or industrial disturbances; orders of any kind of
the Federal or State government or of any civil or military
authority; explosions, fires, breakage or accidents to machinery,
lines, or equipment, or the failure of the system or water supply
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system; or any other cause not. reasonably within the control of the
party claiming the disability.
8.5. Liability and indemnification.
(a) Liability for damages arising from the reception,
transportation, delivery and disposal of all wastewater covered by
this Contract shall, as between the parties, remain with the
` District until delivered into the Denton system at the Point of
I` Entry.
(b) Th,* District agrees to hold harmless and defend
Denton, its officers and employees, from any claims for injuries,
I
damages or losses that arise from any act, omission or negligence
of the District, its officers or employees, arising from the
performance of this Agreement. Denton agrees to hold harmless and
defend the District, its officerb and i employees, from any claims
for injuries, damages or losses that arise from any act, ox,:ssion
or negligence of Denton, its officers or employees, arising from
the performance of this Agreement.
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8.6. Subject to Laws and Regulations. The Agreement is made
and shall be subject to the laws of the United States and the State
of Texas and all applicable regulations or rules of any regulatory
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authority having jurisdiction of the subject matter of this
Agreement. r
8.7. severability, if any provision of this Contract is by any
court held to be illegal or in conflict with any law or regulation,
the validity of the remaining provisions of this Contract shall not
be affected, and the rights and obligations of the parties shall be
construed and enforced as if the Contract did not contain the
particular provision held to be invalid.
8.8. Assignment:. Neither party shall assign nor transfer in
whole or in part the rights and privileges granted in this Contract
without first obtaining the written consent of the other.
s.9. Lntirs Agreement. This Contract embodies the whole agree-
ment of the parties. There are no promises, terms, conditions, or
obligations other than those contained herein. This Contract shall
supersede all previous communications, representations, or agree-
. i
ments, either verbal or written, between the parties, and all
t4odifications of this Contract shall be in writing and approved by ~
both parties.
8.10. Readings. All headings in this Contract are used for
convenience only and are not intended to define or to limit the
scope of any provision. 1
The parties' authorized officers have Executed this Agreement
in multiple originals as of the date given above.
1990.
Signed this the day of
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BOB ~CASTLEBE"y, MAYOR
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ATTEST: l
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY: y✓'1
UPPER TRINITY REGIONAL WATER
DISTRICT
BY: i i
PBOARD OF DIRECTORS
ATTEST:
S CAE ARY, BOARD OF DIREC S
APPROVED AS TO LEGAL FORM:
ATTORNEY R TH
f FOR THE T ICT
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EXHIBIT LIST
Exhibit A, Master Plan Information
Exhibit B, Points of Entry
Exhibit c, Denton Sewer Use Ordinance
Exhibit D, Current Rate Schedule
Exhibit E, Annual Wastewater Requirements
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EXHIBIT LIST
Exhibit As Master Plan Information
Exhibit B, Points of Entry
Exhibit C, Denton Sewer Use Ordinay.ce r
Exhibit D, Current Rate Schedule
Exhibit E, Annual Wastewater Requirements
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EXHIBIT A
WASTEWATER MASTER PLAN INFORMATION
A. Existing and Future System
1. Written Daesription of Present System
a. Past Experience
b. Demands
c. Collection System
d. Type of Treatment
e. Future Improvements
f. Goals
2. Map of System
a. Entity's Owned Facilities
b. Contracted Wastewater Disposal Facilities
c. Sewer Mains
d. Effluent Location
3. Flow Data
a. Peak Flow
b. Average Daily Flow
4. Treatment
a. Entity's Owned Facilities
b. Contracted Wastewater Disposal Facilities
c. Type of Treatment
d. Type of Discharge Permit
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EXHIBIT B
POINT OF ENTRY
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Exhibit C
N0. CITY Or
DtNTON I TEXAS, AMENDING AS AMD®j BY DlL6T2M 7`R2RLTTl M DIVISION
1 Of ARTICLE III "SANITARY SEWERS' Or CRAPTLR 25, SECTIONS 25-35
THROUGH AND INCLUDING SECTION 25-461 BY ADDING A NEW ARTICLE
Vill TO 25, PVIDING FOR REGULATION A" US Or DISCHARGECINTO SANITARY~SEWERSe PROVIDING FOR PERMITS SAND FEE1
FOR CERTAIN DISCHARGESI PROVIDING FOR CERTAIN USER CHAAGESe
PROVIDING FOR A PENALTY NOT To EXCEED IMO N MI= DOLLARS
CLAUSE90ANDFPROVIDING FOR AN EFFEECCTIeVE DATE DING A StVERAEILLTY
THE COUNCIL Or THE CITY Or DENTON HEREBY ORDAINSe
P.h- I~
That the Code of Ordinances of the City of Denton, Te238, as
wended, 1966, is further amended by deleting therefrom Division
1 of Article III "Sanitary Sewers' of Chapter 23, Sections 25-39
through and including Section 25-46.
PART II.
That Chapter 25 of the Code of Ordinances of the City of
Denton, Tesaa, 1966, as asended, is further amended by adding
thereto a new Article VIII, Section 25-130 through and inclodinq
Section 29-100 which shall read as followee
ARTICLE VIII.
REGUWT INTO SANITARY SEWAGE SYSTaIDSCEAROE
DIVISION 1
4 GENERAL PROVISIONS
SECTION 25-130. PURPOSE
The purpose of this Article is to regulate and control
wastewater disposal facilities and practices within the City so
as to protect the heolt.l, welfare and property of its citiaens
and to insure that all wastewater disposal facilities and ,
practices arm in compliance with state and federal lawse rules
and regulationse i
SECTION 25.1310 SCJrs t
This Article shall apply to the direct or indirect disob we
of all water-carried wastes in the city of Denton and shall,
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among other things provide for the requIatton of sewn
construction in areas within the jurisdiction of the city of
Denton, the- approval of plans for sewer construction, the
quantity and quality of wastewater discharged, the degree of
wastewater pretreatment required, the issuance of
Industrial/Commercial Wastewater Discharge Permits and of other
n miscellaneous permits.
SECTION 23-132. DEFINITIONS
unless the context specifically indicates otherwise, the
meaninq of terms used in this Article shall be as followai
1, *ABNORMAL STRENOTI wASTMATZKO shall mean any
wastewater having a suspended solid, DOD, COD
chlorine demand or total phosphate concentration
in excess of that found in normal strength
wastewater.
2. OACT' shall mean public Law 92-500p as amended, as
i enacted by the United States Congress and known as
the Federal water Pollution Control Act or Clean
water Act.
t 3. 03000 (denoting Biochemical Oxygen Demand) shall
mean the quantity of oxygen utilised in the
biochemical oxidation of organic matter under
standard laboratory procedure in five IS) days at
2M0 expressed in milligrams per liter.
1. M ILDIN40 is any structure used or intended for
supporting or sheltering any use or occupancy.
g, *BUILDING DRAIN' is that p+.rt of the piling of a
building drainage system which cat* wee the
discharge of all soil, waste, and other drainage
from inside the structure and conveys the use to
the building service line outside the foundation
wall of such building.
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d, 'CATI40D;ICAL PRHRUTM MT STANDARD' shall mean
wastewater discharge limits applicable to a 1
specific category of major commercial/industrLal
users as promulgated by the IPA in accordance with
section 30?(b) and (c) of the Act.
7. OCILOItIMI oIMAMD• shall mean the difference
between the amount of chlorine added to watere
wastewater or industrial wastes and the amount of
residual chlorine remaining at the end of a twenty
120) minute contact period,
0. •C0o• (donating Chemical oxygen Demand) shall soon
the measure of the oxygen equivalent of that
portion of the organic utter in a Ample that to
susceptible to oxidation by a strong chemical
oxidant,
9. 'CONIITT2010 shall mean the Irtvironsental Appeals
Committee,
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10. 'COMPOSITE SAMPLE' shall mean
a mixture of grab
lampples collected at the Same sampling point at
diff*tent times.
11. 'CONTROL MANROLL• shall mean an opening giving
access to a service line at some point before the
service line discharges to the sewage system.
ate: 12. 'COOLING NATER' shell mean the water discharged
from any system of condensation such as air
conditioning, cooling or refrigacation.
13. 'DIRECT DISCUROE' Shall mean the conveyance of
wastewater from a service line uninterrupted to a
city public sewer.
11. 0DOWTOR OF UTILITIES' shall mean the Chief
Executive Officer of the Utility Department of the
city at Denton or his withariced deputy, agent or
representative.
IS. 'DOMTtC 90ER' shall mean any user who is not an
Industrial User or Commercial User.
16. 'DRY CLOSET' is an indoor room or an outdoor privy
used as a toilet but lacking water for conveyance
of waste.
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17. 'EPA' shall mean the United States Environmental
Protection Agency or its successor agencies., ,
IS. MOM RATE' shall mean the quantity of wastewater ~
that !lows past a particular point in a certain
period of time.
19. 'ORAX SAMPLE' shall mean a sample collected at a 4
particular time and place, representing only the
composition of the source at that time and place.
20, 411x0 AWT DISCEAXW shill mean the conveyance of
wastewater to a public saver by any mesn@ other
( than direct disebacge.
21. 'LmDUSTRIAL/COMMERCIAL USER' shall mean any
industrial or commercial establishment which uses
the sewage system of the City and falls under a
standerd industrial classification.
22. 4 MCITRIAL/COMMERCIAL vwxw n OtSCEAROE
PI MIT', retested to herein an 'Industrial/
Commercial Discharge Permit's obal) mean a petsit I
required of a major industrial/commercial user to
do Pelt or discharge waste into any sewage System
under jurisdiction of the City of Denton.
23. -MMITRIAL/COMMERCIAL WASTEWATER sURCI RU" shall
mean a charge, as set forth in the latest edition
of the City of Denton Code of Ordinances levied on
Endurtrlal/oommeraial users of the Sewage
treatment worke for the additional cost of
treating wastewater discharger of abnotmal
sttength wstewales.
21. '2MTEPPERP shall mean inhibition or disruption of E
the sewage system which contributes to a violation
of any tequirement at this Article,
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I 2S. 'MAJOR INDUSTRIAL/COMMERCIAL USER' shall moan a
gaj,hg llons e ore more system of thatt (A) dintorthe
USet ` 25,000 of
s waq: system per average work dayr or (b) is
regulated by the categorical pretreatment
Standards or (c) is found by the City at Denton
to discharge wastewater which can cause
deterioration of the sewer system facilities or is
detrimental to the biological process, either
singly or in combination with other contributing
wastewater, on the treated sewage system or upon
4 the quality of the discharge from the sewage
system.
24. •mg/11 shall mean milligrams per liter.
27. watercourse ditch, alakep or s other body) of into a
water or groundwater.
28. vhiclhl, when al nnalysed* by the City, showswastewater weight
a daily average of not m=are than 2,089 pounds par
million gallons (230 milligrams per liter) of
susppeended solids, and 2,502 lb/mg (250
milligrams/1) of SOD Isiochemical oxygen Demand),
and 20053 lb/29 of COD (ISO m /1), and not more
than 79.1 pounds per million ':!loos 19.0
milligrams per liter (aaa99gi/1} of chlorine demand,
and phosphorus, and which mill otherwise n acceptable into
a public sewer under the terms of this Article.
29. Discharge uEliminations S n ppatothe o ("0231 I permit Pollution
issued ppuursuant to Section 402 Of the Act (32
U.S.C. 1742).
10s that can harrmm 41thi WAST84
the $svors,r sewer wastewater treatment shall receivingorstt use of otherwise d endanger liter,
health, or property, or constituted a nuisances
OPXPAWO c a! tiono shall soStan any cietyY i corporation first companyt
aaae
including a city, county, town, villager or sewer
district.
! 12. • a" shall mean the degree of acidity or
alkalinity of a solution, expressed 61 the
legarithst of the reciprocal of the hydrogen ion
concentration in gram equivalents par liter of
solution.
l2s olined' and cisez dshconveall or viiil iliao confined
which wastewater may be discharged into A public
waterway or public mewage system.
14, •poLLUM WATSR• shall mean any water, liquid or
gaseous waste containing any of the followine+
soluble or unsoluble substances of organic or olids sludge depos tsligreaaea able oiW floatingasolids
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which may cause unsightly appearances celorI
phenols and other substances to an extent which
would impart any tests or odor to the recelvin7
streams and toxic or poisonous substances jr,
suspension, colloidal state, solution or gases,
35, 'PRIVY' is an outhouse or stmilar type small
building used as a toilet where wastes are either
burt9d on site or collected and disposed of
elsewhere.
36. "PRETREATMENT' shall mean the treatment of
wastewater before introduction into a swage
system.
i 37, "SANITARY $ M AO shall mean a sever intended to
receive domestic wastewater and admissible
industrial/commercial wastewater but to which
storm, surface and groundwaters are not
intentionally admitted.
30. 'SEPTIC TAMR' shall mean any covered water-tight
tank not connected to the swage system and which
is designed for the treatment of sewage.
It. "SERVICE LINE' shall mean that part of the
;horizontal piping of the building drainage system
beginning at the outside foundation wall and
terminating at its connection with the swege
h system.
40. "SEMER' shall mean a pipe or conduit for carrying
wastewater.
41. •SEM = SYSTEM' shall mean all facilities which
are owned by the City of Denton for collecting,
carrying, treating and disposing of wastewater.
42, "SL48' shall mean any discharge of wastewater
vhtnh in concentration of any given constituent or
in quantity of flow exceeds for any period of
duratieft longer than fifteen (19) minutes, more
than five (SI times the average twenty-four (t/)
hour concentration of flow during normal operation,
13, "STAND D INDMMIAL CLASSIPICATICIP (SIC) shall
mean a classification pursuant to the Standard
Industrial Classification Manuel issued by the
Executive Office of the President of the United
States, office of management and Budget, 1977, or
latest edition.
44. "STANDARD M1TWN4 shall mean the latest editida
of 'Standard Methods for the Examination of water
and wastewater' prepared and ublished the American public Health As"ciation~0iAmery can
waterworks Association and the water Pollution
Central federation.
IS, 'STAT*' shall mean the State of Texama
44. "STORM DRAIN' (sometimes termed 'storm sever') E
shall mean a public drainale pipe which carries
store and surface waters and drainage, but is not
( intended to catty wastewater other than unpolluted j
cooling water,
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t?' f-STORMWATZRO orms of *%casellwater n which rainfall a ° derived other
precipitation.
18. SOLIDS"
omean r ace ins susthat pension either
float an !h* surface of in
water, watt*water, or other liquids, and which are
removable t torte h Sacceptable etAaboratory procedures as
ne
ey 49. 'TOTAL DISSOLVE) SOLIDS' stall mean the material
left in the vessel after evaporation of a sample
and its subsequ*ot drying in an oven at a defined
temperature.
90. 'TOXIC SUESTAMCZ114 shall mean any substance
whether gassoas, liquid or solid which,
discharged to the sanitary sewer in sufficient
concentrations, as determined by the Director of
Utilities, MAY be hazardous to sewer maintenance
and personnel, tend to interfere with any
wastewater treatment preeeslp o. to constitute a
hazard to human beings or animals, or to inhibit
aquatic refer or to s of he hatard to
In th a
effluentcfromo
In the receiving
wastewater treatment plant.
S1. pa' ego deposit S of dischise• septic natalk, shall cesspool oc seepage pit wastes into the City of
Denton swage system.
54. s"TWO ettler eorr otherwise remove great, oil, eandp
tewor4 entering savage systemtancas from
wastewater bef
!1. 'cola CEADOE' shall mean a charge levied on users capital as thhe operation atem nd lmains nance of suchoworkswell
as
eat forth in the City of Denton Code of Ordinances.
91, 'NAiTE' shall mean rsiected, unutilisad, or
superflueus substances in liquid, gaseous, or
1 ai lnduilrlal ieeiiitliiom domestic, agricultural,
!S. : h ch $to dischargedminto the wgee$vot s, wastes
shall properlysconnectedoto
the miohsn oil dlsehi ver and has the meant for
SICTIOM 15113. AW MISTMTIOM
incept as otherwise provided herein, the Director of
Utilities of the City of Denton, of his designes, shall
administer the provisions of this Article.
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SECTION 25-114. PROCEDURES ?C1 ASATEMENT 010 VIOLATIONS
1. Notics and Ordjr. Whenever the Director of Utilities hot
determined that any person has violated any provision of this ry1
Article or that such violation is continuing, ceoccurrino or may
reoccur, he may, in addition to any other remedy provided for In
this Article, issue a notice and order directing that ouch
i violation be corrected or such other order as is necesoacy to
If prevent the violation from continuing or reoccurring.
Such notice and order shall states
(a) The nature of the violation and the provisions of
this Article which have been violated.
(b) The corrective action that must be taken to
correct or abate the violation.
(c) The amount of time within which the violation must
be corrected.
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(d) That the person to whom the notice and order are
issued may appeal from the notice and order to the
Environmental Appeals Committee D filing in
writing with the Director of Utilit a an appeal
and filing fee within ten (10) days al the service
of the notice and order.
(e) That !allure to comply with the notice and order
and failure to file a timely appeal may result in
termination of aver service.
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2. service of Nattce and order. Any notice and order
I issued under this Article shall be in writing and served In
f person at by registered or certified mall on the record user or
users of the sewage system at other persons determined to be ~
responsible for such violation,
A1lLa
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the Director of Utilities by filing a written notice of appeal
with the Direater of Utilities an forms provided by the Director
of Utilities and by paying a filing rte of $10.00, Such notice
of appeal shall be filed and filing to* paid within ten (LO)
days of service of the order,
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1. No Aooeal Piled if no timely appeal and filing fee are
!tied, the Director of utilities may, if a violation is
coatinuing or reoccurring cc may reoccur, terminate sewer
service to the person ordered to correct or abate such violation
if such violation has not been corrected or abated within the
time specified in such order.
"n'dL1
S. Rearing and Determination
(a) An Environmental Appeals 'Committee is hereby
established and authorised to hear and decide
appeals from any order issued by the Director
of Utilities Pursuant to said Article. The
Committee shell be composed of the city
Manager, .c Assistant City Manager, the
Director of utilities and the City Attorney of
their designated representative.
(b) The Committee may call and hold hearings,
administer oaths, receive evidence at the
hescing, issue subpoenas to compel the
attendance of witnesses and the production of
papers and documents related to the hearing,
and make findings of fact and decisions with
respect to administering Its powers herein.
(c) upon the hearing, the Committee shall determine
if there is substantial evidence to su the
Director of Utilities' determinationtt are
order. The decision of the Committee shall be
writing and co"Ittee contain
lerminos; that of then in
substantial evidence to support the
determination and order of the Director of
utilities, the Committee shell, in addition to
its decision, Issue in order (1) requiting
discontinuance of such violation or condition)
fill requiting compliance with any requirement
to correct or prevent any condition or
violation, at (111) auappeending of revoking any
permit issued under the Atttele.
(d) In any decision and order issued by the
Comittee# the order shall specify the time in
which the compliance with the order must be
taken. A copy of the decision and order shall
be delivered to the appellant of person to whom
the order is directed in peeson of sent to his
by registered or certified mail
(e) should the appellant fail to comply with the
order of the Comitt" within the time
specified therein, if any, the Director of
utilities, in addition to any other remedy
provided for in this Attiole, may terminate
swage service to the appellant,
SIXTIOM 35-133. P371A TTSS
A person who violates any provision of this Actiele is
guilty*( a misdemeanor and upon conviction is punishable by a
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fine of up to TWO Hundred Dollars ($200,001 for each act in
violation of any provision of this Article and for each day any
violation of this Article occurs, r
In addition to proceeding under authority of subsection (1)
Of this section, the City Is entitled to pursue all other
criminal and civil remedies to which it is entitled under
'%k4 4-A0e authority of statutes or other ordinances against a person
continuing prohibited discharges at violating any other
provision of this Article.
SECTION 25-116. DETrRMININQ TRI CHAAAMR AND CONCENTRATION
Or MAaTE%ATRR
The wastewater discharged or deposited into the sevaga
system shall be subject to periodic inspection and sampling as
often as may be deemed necessary by the Dirtetog of utilities,
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Sampling shall be conducted according to customarily accepted
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methods, reflecting the effect of constituents upon the swage
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system and determining the existence of hasards to health, life, j
limb, and property.
The examination and analyses of the characteristics of
waters and wastes required by this Article shall bee
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(a) Conducted in accordance with the latest edition of
'Standard Methode•p and
(b) Determined from suitable samples taken at the
control manhole provided or other control points
authotised by the City.
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The deteraination of the character and concentration of
industrial/commercial wastewater shall be made by the Director
of utilities at such tins and on such schedules as may be
established by the Director of utilities.
Any person determined to be discharging wastewater in
violation of this Article shall compeneste the City for the cost
of sampling and monitoring the discharges until such tins as the
discharged wastewater is in eMliance with this Article. The i
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Director of Utilities shall determine the number of samples and
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the frequency of sampling necessary to maintain surveillance of j
the discharges.
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SECT104 35-137, APPROVAL OP PLANS, ISSUANCE OF PERMITS AND
CERTIFICATION OF FINAL INSPECTION
1. 69wce System Work permit Required. It shall be r
unlawful for any user of the sewage system to construct, !
reconstruct, modify, enlarge or alter any equipment, device,
machinery apparatus or facility or System or component thereof,
which is used or is intended to be used to treat, process,
measure, or convey any wastewater which is or will be discharged
into the sewage system without first obtaining a Sewage Svstem
Work Permit from the Director of Utilities.
2. Regultements for Permit, A Sewage System Work permit
shall be issued when all plans, drawings and specifications are
submitted in such detail as the Director of Utilities' may
requirq and the Director of Utilities has determined that the
work to be done will result in adequate treatment, processing,
measuring, and conveyance of the wastewater discharged into the
sewage system in accordance with the provisions of this Article.
3. Certificate of Final Inspection upon Complat on
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(a) Urn completion of the work to be done under
I t a sewage System Mork Permit, the Director of
Utilities shall inspect the works and if done
in accordance with the permit, the DitsaSor of
utilities shall Issue a Certificate of Final
inspection to the permit holder.
(b) If the completed work does not comply with the
j plans and specifications submitted for which
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uti lities ishalls reigsuire such correction as
necessary before a Certificate of Inspection J
Is issued.
(a) Na ppeerson fee*Iving a sewage system Work
Permit shall utilise or make use of any
equipmento device, machinery, apparatus or
facility covered by the permit until a
Certificate of Final inspection is Issued In
accordance with this Article.
1. Aieht to inspect, No person shall totems the Director
of utilities tht ht to inspect any work done or requited to
be done under this Article.
SECTION 23-134. INgECTIONS
Representatives of the City of Denton, the Enelronrenbal
Protection Agency, the Tasas Department of Water Resources, and l
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the Texas State Health Department, at ar, successor agency
bearing proper crelentials and identii+,atlon, shall to
permitted to, enter upon all prope:tiea for the purpose of
inspection, observation, me+suremeats, sampling and testing of
the swage system or any wastewater discharged into the sewage
"s system.
SECTION 29-119 thcu SECTION 25-149. RESERVED
DIVISION 2'
SANITARY FACILITIES RMIRED
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SECTION 23-1SO. CONNCCTIONS RKOIRED
Any owner/occupant of every building where such building is
within one hundred (100) feet of any City sanitary sewer and is
utilLsed as a dwelling or residential unit shall construct, or
cause to be constructed, a suitable water closet upon such
property, and shall connect or cause the stale to be connected
with such sanitary sewer in accordance with all ordinances of
the City regulating such construction and shall, withis thirty
(30) days after written notice to do so from the Director of
Utilities, abate and cases to use any septic tank, dry closet,
as pricey upon such promise.
Any owner/occupant of every building where such building Is
within three hundred (100) feet of any City sanitary sewer and
is utillsed as a business at cemmerelal establishment
discharging wastewater exceeding the limits established by this
ordinance shall construct, or cause to be constructed, a
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suitable water closet upon such peoperty, and shall connect or J
cause the saws to be connected with such sanitary saver !n 11
accordance with all ordinances of the City regulating such
construction and shell, within thirty 1101 days sitar written {
notice to do se Igoe the Dinotor of tttilitles, abate and coast
to use any septic trek, dry cleat, or privy upon such praise.
The owner or occupant of any such property shall ktap and
maintain such woos closet and all eonnestlens in good condition
and test from any obstructions, 1
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SECTION 25-151. SEPTIC SYSTEMS
Septic tanks shall be installed In accordance with the
provisions of the latest edition of the *Construction Standards
tot private sewage Pacilitiea's as published by the Texas
Dspsttment of Health.
SECTION 25.15]. DRY CLOSETS PROHIEITED
It shall be unlawful for any person or persons to builds use
or maintain any privys or dry closet on any lot of land within
the corporate limits of the City except for portable sanitary
privies utilised temporarily.
SECTION 25-157. COONNSTRUCTIOON DIP SANITARY SErER1
The construction of sanitary sewers and connections thereto
shall be as provided in the Ordinances of the City of Denton.'
SECTION 25-154. SANITARY R S~ jEI1ViCt AWMANCE Of LIM
The City shall not be responsible for the maintenance of any
building drains or service lines and such maintenance shall be
the responsibility and duty of the owner of the premise
serviced by any such service line.
11CTION 29-159. COMPt~C1 WM PLUMNO REOCLATIONS
sanitary sewn setrice shall net be furnished to any gremise
what* the plumbing thereof bas not been Installed in accordant
s with the building regulations or any other provisions as
' provided in the Ordinances of the City of Denton.
SECTION 25-151 thru IECTtON 2S-159. AMRVED
OIVI/ION 2
011 OF PDaLIC SMAS
11CTtON 25-110. DISCORO1 PR01I1ITION/
It shall be unlawful fat any person to discharge or cause to
be discharged into the sewage system of into a natural outlet, t .
materials, waters, or wastewater, if such substance may
interfere with the faeilitlas, operations or perfomnoe of the
swage system, or have an adverse effect on the enviroomsot, or
may otherwise endanger LINO health or property, or constitute a
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public nuisance. rn determining the acceptability of substances
for discharge Into the /wage system, the Director of Dttlltla
shall give consideration to such factors as the quantities of
subject substances in relation to flows and velocities In the
sewer system, materials of which the sewer system is
constructed, nature of the wastewater treatment process,
capacity of the wastewater treatment plant, degree of
treatability of the substances In the wastewater treatment plant
and such other factors which may be pertinent to such evaluation.
Substances specifically prohibited from being discharged
Into the sewage system are as follow el
(a) Any liquids, solids or gases, including but not
l
toluene$ imited to, gasoline, kerosene, naphtha, beneene,
aldehydes, xyperostdeoehf chlorates ~lporchlotate/,
bromate/ carbide/, hydride/, sulfides or any
other su~stsnees which are a fire or other hasecd
to the system, which by reason of their nature or
quantityy are, or may be, suffielent either alone
or by lnteraotion with other substances to taus
fire/, explosions, or be injurious in any other
way to the facilities or operatioh of the sewage
system.
(b) Any substance which causes two successive readings
on an explosion hassrd meter, to be more than five
percent (!t) at any single reeding over ton
percent (10t) of the Lower txplosive Limit ILSL)
of the meter as measured at the point where the
wastewater Is discharged into the sewage system,
(a) Any wastewater having a pS less than five (S),
greater than ten 11018 Of any wastewater having
any other eorroetw property capable of causing
damage or hasard to the /wage system or any
pot/on,
(d) Any wastewater containing tomie substance/ in
sufltalent quantity that say, either singly or by
interaction with other substances, injure or
interfere with any wastewater treatment process,
constitute a hasare to humans at onlsals, create a
toxic systov* or offset dh the limitationwaters
Set aforth in the
Catsgariost Pretreatment standard/. A toxic
substance eel Ishall denti Led Ypursuant not be
tot tiontl0l(a) of
the Act.
(e) Any substance discharged Into the swage system
such as residues, sludges, or scums, which
interferes with the reelasation Process, or any
substance which causes the swage system to be in
man-cospltance with sludge use or disposal
quldeltnes or regulations developed under fecttor
10f of the Act, Or any guidelines, or regulations
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a!lactIng sludge use or disposal promulgated
f pursuant Alf to
and Solid Waste
Toxic Dissal cC(+ntrthe
ol
Act as amended by the u.s. Congress.
l,er
I f!1 A haft ny l one hiquidu oeiftvap Biortty ( having1S0) a degrees al laue•hren hlghelt,
t
{dSoC). I!, o the opinion o! the Dleeetof of
Utilities, lower temperatures of such wastevater
could harm either the aevage system, wastewater
x` tram ant procase,
afloat on the Recei
ving stream of hcould a Otherwise
endanger life, health or property or constitutes a
public nuisance then the Dtractor of utilities
may prohibit sue~1 discharges.
(g) Any wastewater containing fats, war, gramme, or
oils, whether emulsified or not, In excess of,
fiftyY (SO) eg/1 or containing substances which may
sell di!y or become viscous at temperatures between
thirtylo (331 degrees fahfenhett, (OoC1, and
oneo hundred fifty 11901 degrees rahranheit,
SICTION 25-161 RASARDOUS MM J OR TOXIC SUISTANCII
I. It shall be unlawful for any person to discharge Into
the sewage system unless such discharge is allcwed under the
provisions of Section 25-171, 'Industrial/Commercial Wastewater
Sureharge•r
(a) Any wastewater containing hatardous metals to such
do fee that any such material received at the
Int of discharge Into the sewage system exceeds
the limits established below,
NOT To
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i C!e>vit Average agq~ Segel&
Atlanta 0.1 0.3
sarius 1,0 413
Cadmium 0.05 2.0 0
Chcoalm 0,! 0.1 0.12
copper O.s 1.0 S.0
0
Gad 1.0 3,0
kanganeme 1.0 1.0 l.!
05 2.0
Mercury 0.003 3:0 0.01
Nickel
i ania OS 0.
s
line ilver 1.05 0.1 0.1
2.0 e,0
(b) Other metals not listed above which will, to the
opinion of the Director of Utilitles, dasuge the
swage ayete,a or interface with the treat"at
precedes
(el Any wastovoter that contains phenolics In weld
of 0,1 silligr ns per liter (q/1) by welght,
(d) Any radioactive wastes or isotopes tR,te the public
dowers without pertlldsion of the city, r
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constitute a 'slug' as defined herein.
(f). Matefials or Substances which caumei
(1) Concentrations of inert suspended solids
exceeding 2SO mg/1 or total dissolved solids
in concentrations greater than 800 mg/1 and
sodium sulfate in concentrations greater than
500 mg/1.
(2) Concentrations of BOO exceeding 290 mq/1p COD
requirements exceeding 250 mg/1, chlorine
requirements exceeding 9.0 mq/1 or phosphorus
concentrations exceeding 5.0 mq/1.
Discoloration@$ such asp but not limited to
dye waters and vegetable tanning solution.
(q) Any wastewater with a concentration of cyanide the
total of which is in excess of 1.0 me/1.
2. in cases where a user wishes to discharge any wastewater
having characteristics exceeding maximum permissible limits
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stated-'aboves the Director of Utilities may, pursuant to an
industrial Commercial Wastewater Discharge Permit, granted to
such user, after -inducting necessary evaluation of the
wastewater, permit such discharge ifi
(a) the wastewater will not cause damage to the
sewage system)
(b) the wastewater will not Impair the City's
treatment process) and
(a) the user d0charging the wastewater complies
with any pretreatment process and/of
roerqyIramat imposed by the Director of
Utilities,
S0CTt0N 21-182, 019CRWN 01 WATfAN NOT CONTAINING STRAU
it shall be unlawful for any person to discharge unpolluted
waters into the sewage system. =maept with the approval of the
Director of Otilit N sp or as otherwise provided In this Articles J
no stars water connection from any building or yards not shy 1
drain from any catab basins lake, swam* ponds or swimming scalp IIIL
not any outlet for surface water, store water of ground water of
any kind shall be connected to the sewage systes,
Within any area served by a separate sanitary sewer and s
storm sswerp no storm water shall be allowed to enter the
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sanitary Newer from waste or vent pipes of any building, within
any such area no down spout, root leaders, gutters, other pipes,
or drains such as channels which may at any time carry storm
water surface drainage derived from hydraulic pressure or from
well pointep or lake water, shall be connected with any sanitary
sewer.
SECTION 25-161. DISCEAROK TO A NATURAL OUTLET
It shall be unlawful for any person to discharge polluted
water to any store sewers or natural outlet within the area
served by the City except where suitable treatment has been
provided in accordance with the provisions of this Articles and
except vhers a Federal National Pollutant Discharge Elimination
Systems {NPDKs) Fermat has been duly Issued and is currently
valid for such discharge. A valid copy of such a permit and any
modifications thereof must be filed with the Director of
Utilities, i
SECTION 21-161. wASTKMATKR DISCRARGAS PAMIRINO rW 6 ;
All persons discharging oily grease, sand, flammable wastes, i
or other harmful substances in amounts that, in the opinion of
the Director of Utilities, will impede or stop the flow in the
f
j sewage system shall install a trap before the point of discharge
j into the sewage system. Any person respansible for discharges
requiring a trap shall, at hie own expense and as required by
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the Cityi 1
(1) provide equipment and facilttles of a type and I
capacity approved by the Cityr
(2) locate the trap In a manner that provides ready
and easy accessibility for cleaning and
inspection) and
(3) maintain the trap in effective operating condition,
SSCTION 29-105, WUT MATIR DtSCQilQV FROM TRANSFORT TRUCK!
`A
All persons owning or operating a vacuum truck, •cesspool'
s pump truck, liquid wasteretar transport truck, or other vehicle,
shell not discharge or unload any septic tanks seepage pit,
Inceptor or cesspool contents Igor such vehicle without first
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having received A valid Transport Truck Discharge Permit (TTD
Permit).
TTO Perm~ta shall be Issued by the Director of Dtilitles
I
upon proper application and payment of a Fifty Dollar (SSD.oo)
Permit fee. All TTD permits shall be valid for one (1) year.
No person holding a TTO permit shell unload or discharge any
v.P waste or wastewater accept in a manner and at a place as
specified by the Director of utilities, Before discharging
under a TTD Permit, the DlrectOr of Utilities may require she
Parton holding such permit to furnish a sample of the eontenlf
of the material to be discharged as a prerequisite to
discharging into the sewage system. The Director of utilities
i
may refuse permission to discharge abnormal strength wastewater
into the swage system, i
Any person discharging or unloading normal strength
wastewater under a TTD Permit Into the sewage avttem shall be
charged at the regular commercial saver rates,
Any person discharging abnormal strength wastewater under a
TTD Permit Into the swage system shall be charged an
industrial!cosmeraial surcharge cats,
MUM 25-1e4 TN]tu 25-149, A2sN1M
ON21200 1
INDUM1AL/C00=IAL MAST=MA"M D14CNARON
I
j ISC'TION 25-170 1NDUSTNIAL/COMDIACIAL MAiT=MA"R
Dl/Ctuun rnxt? esoolno
it shall be unlawful for any major industrial/comercial
user to connect to the swage system or to difcharge wastewater
to the swage system without first obtaining an Industrial/
Commercial Wastewater Discharge Permit from the Director of
Dllli!!es,
All major industrial/oosmstatal users discharging wastewater
directly or Indirectly into the swage s stem
Y prior to the
effective date of this Article may continue that discharge one
hundred eighty (llo) days after the effective date of this
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Article. Prior to the expiration of the one hundred eighty
(110) day petiodr the major industrial/com"ecial Omer shall
apply for art Industrial/Commercial Wastewater Discharge Permit
from the Director of utilities.
SECTION 25-~71. PROCEDDRE FOR OBTAINING A PERMIT FOR
INDUSTRIAL WASTEWATER DISCHARGE
1. Permit Aanlicetioa. Major industrial/commercial users
required to obtain an Industrial/Commercial Wastewater Discharge
permit shall complete and file with the City, an application in
the form prescribed by the City, and accompanied by a tee of
Twenty-five Dollars 1625.00). New major industrial/commercial
users shall apply at least ninety 190) days prior to connecting I
to or contributing to the sewage system tot an I
Industrial/Commercial Wastewater Discharge Pstmlt. In support
of the application, the major industrial/commercial user shall
submit the following informations
(a) Names address, and location (it different from the
address).
(b) SIC number according to tht standard industrial
Classification Manuel, Bureau of the Budgets 1972,
as amended.
(a) wastewater constituents and characteristics
including but not limited to those mentioned in
this Article as determined by a reliable
analytical laborstotyp raa,meyoling and analysis shall
be ttorsed in scoot an** with procedures
I established by the EPA pursuant to the Act and
! contained in 10 era* Part 136, as amended.
,
141 Time and duration of contribution.
(a) Average daily wastewater flow cats op including
daily, monthly and seasonal variations it any.
(t) site plans, float plants mechanical and plumbing
oanneetienst and to appattenanceerl~ lithe else
location and elevation.
(91 Description of aotivitiees facilities and plank
processes on the premises Including all materials 1
which seas or *cold bee disahargods
(h) where known, the niters and canosnkratlen Of any
pollutants in the discharge which its limited by
any city law or regulations or by the state or
Categorical Pretreatment standards, and a state
Mont regarding whether at not the pretrastsant
standard$ are being Met on A consistent basis*
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(t) Lf additional pretreatment and/or Oak wil! be
required to meet the Categorical Pretreatment
Standards, the shortest schedule by which the
major industrial/com Orcial user will provide such
additional pretreatment. The completion date in
this schedule shall not be later than the
compliance date established for the aoolicable
Categorical Pretreatment Standard. The following
conditions shall apply to this schedules
(1) The schedule shall contain increments of l
Progress in the form of dates for the I
leadinge to tthe co Otuot on and operation not 1111
additional pretreatment required for the major
Industrial/commercial user to meet the
applicable Categorical Pretreatment Standards
(a,g it hiring an engineer, completing
pre tmtnary plans, completing final plans,
executing contract for major comoonents,
Commencing construction, etc.),
(3) No increment referred to to paragraph (1)
shall exceed nine (9) months,
(3) Not later than fourteen 1111 days following
each date in the rchedule and the final date
for compliance, the major industrial/
tomethe iDirector sollotilities Inclu4inq, report
minimum, whether or not It complied with the ,
increment of progress to be met on such date
a
comply nd, if net, the date on which it expects to
reason fort delay, and the steps being taken the
the major Industrial/comercial user to return
Lae no went tshallogot@ thand mine ea19)blmonths
elapea between such progress reports to the
Director of utilities,
(f) taeh product produced by tyyggee, amount, prooese of
processes and rate of peoduation,
Ik) Type and vaunt of raw materials processed
(average and maximum per day),
(1) Number and type of emplayees, and hours of I
operation of plant and proposed or actual hours of
operation of pretreatment system,
(m) Any other information as may be deemed by the City
to be necessary to evaluate the permit app1101t1on.
i 3. Permit Modifiestions
I
i within nine (9) months of the promulgation of a Categorical
pretreatment ttandard, the Industsiel/cemmeeais.1 Wastewater
Dlseharge Permit of major industrial/com otatal users subject to
such standards shall be revimed to require compliance with such
standard within the time few* pr?.-1ribed by such standard.
what* a major industrial/oommerotal user, subject to a
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Categorical Pretreatment Standard has not previously submitted
an application tot sn Industrial/Commercial wastewater Discharge
Permit the major industrial/commercial user shall aoply fee an
industrial/Commercial wastewater Discharge permit within one
hundred eighty (1801 days after the promulgation of the
applicable Categorical Pretreatment Standard. In addition, the
major industrial/commeeeial user with an existing Industrial/
Commercial wastewater Discharge permit shall submit to the
Director of Utilities within one hundred eighty (100) days otter
the promulgation of an applicable Categorical Pretreatment
Standard the information required by paragraph (h) and (1) of
Section 25-171 (2. Permit application).
1. permit Conditions. Industrial/Commercial wastewater
Discharge Permits shall be expressly subject to all provisions
of this Article and all other applicable requlations, major
industrial/commercial user charges and fees established by the
Code of Ordinances of the City of Denton. Permits may contain
the follovinge
(a) The unit charge or schedule of industrial/
commercial user charges and fees for the
wastewater to be discharged to the swags system.
(b) Limits on the Netage and maxim" wastewater
I constituents and characteristics.
(0) Limits on average and maeimual rate and time of
discharge or requirements foe flow regulations and
equalleatien.
1 (d) Requirements for Installation and maintenance of
f inspection and sampling facilities,
(e) specifications for monitoring programs which may
include sampling locations, frequency, of sampling,
reporting sohidule~nd standards for execs and
(fl CoWliance schedules.
(g) Mquleseente for submission of technical reports
or discharge reports.
(h) RequireNnts for maintaining and retaining plant
records relating to wastewater discharge as
egocifled by the City and affording Cttr across
thereto,
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(t) Requirements tot notification o, the
F now Introduction of wastewater City of any
any substantial change in the volcOnI `tuts biter
l of t the wastewater Constituents being Introduced
no.tha wastewater treatment system.
(j) Requirementa for notification of slug discharges.
(k) Other Conditions as die
to ensure compliance with this this appropriate by the City
Permi! Duration,
permits shall be Issued for a
specified time period not to exceed three (3)
may be issued for a Years. A permit
parlOd less than a year or may be stated to
expire 0n a specified date. The major Industrial/commercial
user shall apply foe permit relssuance a minimum of one hundred
eighty (180) days prior e J
the expiration of the major l
industrial/cosmeecisl user's existing permit, The terms and
conditions of the permit may be subject to modification b
` !A
I City during the term of by
the permit, r
If industrial/cosneaeeial user shall beinf rmed Of ,a ye major
changes in his proposed i
Permit at least thirty (30) day* prior to the
effective date of change,
S- LtUU TeanWe. Industrial/Coemeeelal Wastewater
Discharge Permits are Issued to a specified major
industrial/eommteeial user foe a specific operation,
Indus trial/Coswerc141 Wastewater Dieehaege permit chill not be
` reassigned or transferred or sold to a n
i •w wnar, new user,
V different prsmisas0 or A now or Changed oparatien without the
approtal Of the Dlractor of Utilities,
major industrial/commeroial user shall Any with owner
terms and conditions of the existing permit, 1
1. Assorting Reculraseats far Parml im,
(a) Compliance Date Report
A
Within ainstrr (90) days following the date for
final compliance wttA applicable Categorical
Pretreatment Standards any major Industrial/
4t
Pretreatment standards jihall tsubmit to riche
Dictator of utilities a resort lndtoat! the
nature and concentration of all pollutants in
the discharge from the regulated process which
era limited by Categorical Pretreatment
standards and the average and maximum daily 1
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flow for these process units in the 1
industrial/commercial facility. The report
shell state whether the applicable Categorical
Pretreatment Standards are being met on a
consistent basis and, if not, what additional
Obis and/or pretreatment is necseaacv to being
the industrial/co meretal user into compliance
with the applicable Categorical Pretreatment
Standards. This statement shall be signed by
industrial%oommiroialeuser andtcertified totby
a qualified professional.
(b) Periodic Compliance Aepotte
ill Any major industrial/commercial user 71
subject to a Categorical Pretreatment
Standard, after the compliance date of
such standard, shall submit to the
Director of Utilities during the month of
June, unless teyui.-od more frequently in
the Categorical Pretreatment standards or
b the t:utewater Industrial/Com"ecial
Discharge P omits, a report indicatinq the {
nature and concentration o! pollutants in
the s1flue~3t which are limited by such
Categorical Pretreatment Standards. At
the discretion of the Director of
Utilities and in condideration of such
factors as local high or low flow -rates,
holidays, budget nyeles, ate., the ,
Director Of utilities mdy agree to alter
the months during which the above reports
are to be submitted,
42) The Director at Utilities may impose mass
limitations on major industrial/commerolal
users which ate using dilution to rest
applicable Categorical Pretreatment
Standards or in other cases whets the
imposition of mess limitations are
A" "I riaee, In such cues the
compliance report shall indicate t~e am
of pollutants regulated by Categorical
Pretreatment standards in the effluent of
the major industrial/Re- -total user,
These reports shall contain the results of
s ling and analysis of the discharge,
including the flow and the nature and
concsntration, er production and mess
where Ioqueated by the Director of
Utilities, o9 pollutants contained therein
which are limited by the appplicable
Categorical Pretreatment Standard, A:l
analysts shall be performed In accordance
with procedures pursuent to Section 304
(g) at the Act and contained )n 12 CPA
Pact 134 and asendmnts thereto, at wit4
any other test procedures approved byy the
Director at Utilities. Sapling shall be
perfoned In accordance wit.1 the
t•gqhniqW approved by the Director of
Utilities,
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SECTION 25-172. PRETREATMENT OF INDUSTRIAL wASTENATER
industrial/commercial users shall provide necessary
wastewater treatment as required to comply with this Article and
the Categorical Pretreatment Regulations. Any facilities
required to pretreat wastewater to a level acceptable to the
u~
Director of Utilities shall be provided, operated, and
maintained at the user's expense. Detailed plans showing the
pretreatment facilities and operating procedures shall be
submitted to the Director of Utilities for review before
construction of such facility. The rcviw of such plans and
operating procedures will in no way relieve the user from the
responsibility of modifying the facility as necessity to produce
an effluent acceptable to the Director of Utilities under the
provisions of this Article. Any subsequent changes in the
pretreatment facilities or method of operatisn shall be reported
to and be acceptable to the City prior to the user's initiation
of the changes. All records relating to compliance with the
Categorical Pretreatment Standards shall be made available to
officials of the Environmental Protection Agency or City upon
request.
j SNCTION 23-17I. CONTROL MANHOLE
As & prerequisite to receiving an industrial/Cesweretal
wastewater Discharge Permit, the Director of utilities may, when
necessary to monitor wastewater discharged Into the swage
systemp require an industrial/commercial user to Install a
suitable cort:o%l manhole together with such maters, equipment
and appurtenances as deemed necessary by the Director of
Utilities, in order to adequately ample and measure such j
wastewater, All tegnlred control manholes shall be located so
as to permit unrestricted access
l by the Director of Utilities or
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his representatives.
SSCTION 25-171. INDUSTRIAL/COMMCIAL wASTENATER SURCUARON ' l
If abnormal strength Lndustelal/eosreeeial wastewater is
t E 1
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acceptable for discharge into the sewage system under the
provisions sat forth under the Industrial/Commercial Wastewater
Discharge Pesmit, an industrial/cossercial wastewater surcharge
shall be added to the base sewer charge to cover the additional
cost of treating abnormal strength wastewater. Such surcharge
shall be calculated as fotlowsr
Cu•W r(SU - 250) m s (SU-2SO) S).+ (XU-2SO)X1
''Aster
Cu is the surcharge for user s.
W IN the billing volume for user X.
Su is the tested BOO level for user x or 2SO mg/1,
whichever 1s greater.
S is the unit cost factor for treating one unit of SOD
per 1,000 gallons.
Su Is the tested SS level for user x or 250 mg/1,
whichever is greater.
Is the unit cost factor for treating one unit of 99
pet 1400 gallons.
Xu is the tested pollutant level for user x or 250
mg/l, whichever is greater.
X is the unit cost factor for treating one unit of
pollutant per 1000 gallons.
i
SRCTION 23-179. SDS IMIOM OR RRVOCATION OP PRRNIT FOR
I COIO~i1CIAL/INDOStR1AL WASTIMATRR OIACRAM
to Permit Not Vested Richt. A permit Issued under this
Article does not beaoau a vested right in the person holding the
permit.
2. Grounds for S_a2nsion or Revocation of Permit. A
permit issued under this Article may be revoked or suspended
upon any of the following grounds$
(a) The germittee has or is violating one or more
provisions of this Article.
(b) The permittee has failed or is tailing to
comply with one or more Conditions of a permit.
(c) There is a change in conditions which requires
•lisination or modification of the discharge
coveted by .a permit.
(d) Revocation or suspension is necessary (a order
to prevent harm or dasage to the sewage system
or treatment process or is necessary to
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protect the health or welfare of persons,
animals of property.
(e) The permit was obtained by misrepresentation
or failure to disclose all relevant facts.
3. Procedure- for Suspension or Revocation of Permit. The
Director of Utilities may issue an order suspending or revoking
y' a permit issued under this Article upon the grounds specified in
this Article. Such order shall state the grounds therefor ■nd
shall be served upon the permitter in person or by certified or
registered mail. Such order of suspension or revocation shall
become affective after five (s) days from the date of service,
unless the permittee within such five (S) day period files an
appeal and filing fee in accordance with Section 29-1I4 of this
Article.
Procedure for Appeals From Order of Revocation or
Suspension. Appeals from the order of the Director of Utilities {
suspending or revoking a permit shall be processed and hoard In
s
accordance with procedures for other appeals as mot forth in
section 29-111.
Sie(?low 25-176. tU/Tie11D=0 OR X WORN) PSRMIT
Any penittee who receives an order from the Director of
Utilities revoking or suspending a permit shall discontinue any
discharge covered by the permit after five 19) days from notice
of such order, unless within such five (s) day period the
prrmittes appeals such order to the Cosaittoe. Any parmitter
who has been notified by the Director of Utilities of a
suspension or revocation of a permit and does not timely appeal
such order or any permittes who has been notified of the order
of the Comnittes, after A. hearinq, of the revocation or
suspension of a permit and who continues a discharge covered by
a permit after the effective date of the revocation or
{
suspension of the permit slay have swage service tsrminatod by
the DirestOr of Utilities.
&WTIOM 29-177. ASINSTATgNM OF SOMIR SD OR RSPDRtD PMIT
The Director of Utilities shall reinstate A. suspended i
Industrial/Commercial Discharge Peralt upon satisfactory proof I 1
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to the Director of Utilities of corrective action of the
perMittae of the conditions or discharge for which the permit
was auspended,
A user whose Industrial/CommerOlsl Discharge Permit has been
revoked Must apply for a new permit and comply with all
provisions and conditions required as though a' permit had not
been issued for such user.
SECTION 25-178 through 25-180. RZIERVED.
PART III.
That if any section, subsection, paragraph, sentence,
clause, phrase or word in this ordinance, or application thereof
to any percon or circumstance is held invalid by any court of
competent jurisdiction, such holding shall %ot affect the
validity of the remaining portions of this Ordinance, and the
City Council of the City of Denton, Texas, hereby declares it
would have enacted such remaining portions despite any such
invalidity.
PART IV,
That this Ordinance shall become effective fourteen (14)
days tram the date of Its passage, and the City secretary is
hereby directed to cause the caption of 61a Ordinance to be
published twice in the Denton Rsoord-Chronicle, the official
j newspaper of the City of Denton, Texas, within ten (101 days of
i
the date of its passage.
41
PA/Stp AND APPR07i0 this the day of /1.4Y . 1982.
'7 Z
TXWAJMo VA
.I 01 D Ito TSM
ATMTs
CNIMMOMM o
CITY XM;MAMT-
CITY OP D=IM, TI NA#
APPROVED AS TO LN" ?Me
C.J. TAYWAo JR., CITY ATTOAM
CITY OF D201 011, TRXM
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EXHIBIT D
SCHEOULZ S3
(Effective Date 10-10-89)
WHOLESALE SKWZR TREATMENT SERVICE FOR A GOVERNMENTAL
AGENCY, DIVISION OR SUBDIVISION
APPLICATION
"sy
Applicable to any municipal corporation, or other Sovernaental
agency or subdivision which operates a serer collection system and
contracts with the City of Denton for sewer treatment service,
NET MONTHLY RATE
(1) Facility Charge $125.00/30 days
(2) Volume Charge $1.95/1,000 gallon of effluent
Billing shall be based on one-hundred (100x) percent of actual
gallons measured by meter at one point,
MINIMUM BILLING
$125.00/30 days
INDUSTRIAL SURCNAIIGE bov there wil ldbe added the h the nit `aeor bly °e to &aarindustrial asurcharge
br.ced on the following forstulat
CuwVu ((Bu-2501 S + (Su-230) S))
Where: Cu is the surcharge for user X.
l Vu is the billinS voluas for user X.
Su is the tested 300 level for user X or 250 as/1,
whichever is greater,
a 800 per 1,000 Sallone ($0.000743) is thr unit
cost factor for treating one unit.
Su is the tested SS level for user X or 250 as/1,
whichever is greater,
S 00.000751) is the unit cost. factor for
treating one unit of SS per 1,000 `allows.
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s EXHIBIT D
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(8ffectivo 1-1-911
WHOLISALR SiwBR TAIATMLNT SSRVICB FOR A GOVIRNMSNTAI.
AGBNCY, DIVISION OR SUBDIVISION
APPLICATION
Applicable to any municipal corporation, or other governmental
agency or subdivision which operates a sower collection system and,
contracts with the City of Denton for sewer treatment service.
NZT MONTHLY RATO
(1) Facility Charge 0125.00/30 days
(2) Volume Charge 02.10/10000 gallon of effluent
(3) Surcharge 0.001384/mq/1 of Sao
0 001715/mq/1 of BO
Billing shall be based on ono-hundred (100%) percent of actual
gallons measured by meter at one point.
MINIMUM BILLING
$125.00/30 days
INDUSTRIAL SURCHANOB
there willaddibetion
add d to the~not omonthly orate~an rcia industrial nsucchh4cgo '
based on the following formula$
CuWVU (IOU-2501 a + ISU-2501 BI)
where) Cu is the Surcharge foe user X.
Vu is the billing volume
pet 1000 gallons tot user
X4
as is the tested BOD level tot user x or 250 09/1, i
whichever is geeateto
a is the unit cost factor (00.001316) toe
treating one unit of 500 pet 1,000 gallons.
Su is the teated SS level foe user X or 250 mg/l,
whichever is greater. i
}
S is the unit cost factor ($0.001715) for f
treating one unit of $a pee 18000 gallons.„
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EXHIBIT E
REQUESTED WASTEWATER COLLECTION & TP.EATMENT VOLUMES REQUIREMENTS
AVERAGE DAILY MAXIMUM DAILY
SERVICE FLOW FLOW
YEAR (MGD) (MGD)
1990
1991
1992
1993
1994
1995
1996
1997
1998
1999
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PUBLIC UTILITIES BOARD
r,, . t MINUTES
t July 23, 1990
11. CONSIDER APPROVAL OF AN INTERIM WASTEWATER TREATMENT
SERVICES CONTRACT BETWEEN CITY OF DENTON AND THE UPPER
TRINITY REGIONAL WATER DISTRICT. (UTRWD)
Nelson reviewed the contract with Argyle stating that the
city is promising to construct a plant and Argyle will be
partners in that plant for the amount of 300,000 GPD of
*s~ capacity. This type of contract will be used to serve
Argyle, Krum, Hickory Creek, and Corral City.
LaForte asked if the city has excess capacity, what is the
purpose of agenda item #12? Martin advised that item 12
deals only with upgrades required for quality requirements
mandated by the Texas Water Commission. Thompson commented
that growth of the smaller cities is to Denton's benefit;
however, how does such growth affect the Utility
financially. Will the extra burden of the smaller towns
have a cost to the city? Nelson advised that the small
amount of wastewater we will have to treat will cause us to
move up construction of the plant by one year. What this ,
does is get those under contract with Denton to be partners
with us and Denton will get better economies of scale in
the water treatment plant since each town will have to
carry debt service. Laney pointed out that each community
will have different rates because of different debt service
payment. Thompson again expressed the conviction that if
the smaller communities around Denton are allowed to develop
and grow, Denton will benefit from such growth.
Chow made a motion to recommend to the City Council approval
of subject interim wastewater treatment contract between the
City of Denton and the UTRWD. Second by Laney. All ayes,
no nays, motion carried.
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November 20, 1990
a
CITY COUNCIL
AGENDA ITEM
fl
TO: MAYOR, CHAIRMAN AND MEMBERS OF THE CITY COUNCIL BOARD
FROM: Lloyd Harrell, City Manager
,a RE: Consider approval of an ordinance to amend the interim
wastewater Disposal Contract Between the City of
Denton and the City of Argyle, Texas, extending the
Contract term to June 30, 1991.
RECOMMENDATION:
The Public Utilities Board recommends approval of an
ordinance to amend the Interim Wastewater Disposal contract
extending the term of the contract to June 30, 1991.
BACKGROJND:
On December 5, 1989, Denton City Council approved an
Interim Wastewater Disposal Contract with the City of
Argyle that provided wastewater treatment services for the
Argyle Independent School District (AISD). While the {
Argyle wastewater force main project was being constructed,
the wastewater generated by the AISD was to be transported
1 by a waste hauler to the Denton plant for treatment and
! disposal. Because of project delays, the City of Argyle f
i has been unable to complete the project as originally
scheduled. The interim contract expired on September 34,
1990,
SUMMARY:
1
i On September 18, 1990, Denton received a letter from the
City of Argyle requesting that the term of the referenced
t contract be extended to June 30, 1991. The revised project
schedule for the design, financing and construction of the
force main project is attached in Exhibit I. On October
171 1990, the Public Utilities Board recommended approval
of the proposed contract amendment and the continued
suppport of the Argyle Project.
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FISCAL SUMMARY:
4
The Interim Wastewater Disposal Contract provided for the
following fee schedule:
Monthly Facility Charge 50,00
Volume Charge 2.10/1000 gals treated
Lab Analysis Fee 120.00
surcharge 0.001386/mg/l of BoD
0.001715/mg/1 of SS
PROGRAMS, DEPARTMENT OR GROUPS AFFECTED:
City of Denton, Denton Municipal Utilities, Legal
Department, City of Argyle.
Respe fully submitted,
L oy V. Harre ,
City Manager {
i
PREPARED BY: E
o r Mart n, erector
Enviromental Operations/F ,-l
APWEED BY!
_
If. E. e s n, Execut ve Director
Department of Utilities
i
EXHIBIT I Argyle Letter of 9-13-90
II Existing Interim Wastewater Treatment Agreement
III Minutes of the Public Utilities Meeting 10-17-90
6893U
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10. Moved forward in meeting.
11. CONSIDER AMENDMENT NO. 2 TO THE AGREEMENT WITII FREESE i 1
NICHOLS, INC., WHICH ESTABLISHES THE ENGINEERS COMPENSATION
FOR THE MODIFICATION IN THE SCOPE OF WORK FOR THE DETAILED t~
DESIGN PHASE OF THE LAKE RAY ROBERTS WATER TREATMENT PLANT. 1
Allison reviewed this item. After minimal discussion, Frady
made a motion to recommend to the City Council approval of
Amendment 42. Second by Chew. All ayes, no nays, motion
carried.
12. CONSIDER APPROVAL OF SPARE PARTS ORDER FROM BOURVIER
HYDROPOWER INC., FOR RAY ROBERTS HYDROELECTRIC PROJECTS IN {
THE AMOUNT OF $23,473.
Tullos reviewed this item. After minimal discussion, Chew
made a motion to recommend to the City Council approval of
the spare parts order. Second by Frady. All ayes, no nays,
:,Lion carried.
13. CONSIDER APPROVAL OF AN AMENDMENT TO THE INTERIM WASTEWATER {
DISPOSAL CONTRACT BETWEEN THE CITY OF DENTON AND THE CITY OF
ARGYLE, TEXAS, EXTENDING THE CONTRACT TERM TO JUNE 30, 1991.
i
Martin reviewed this item with the Board. After a short
discussion, Laney made a motic:n to recommend to the City
Council approval of the amendment to the interim wastewater
disposal contract with the City of Argyle, Texas. Second by j i
Chew. All ayes, no nays, motion carried.
14. CONSIDER MANAGER'S MONTHLY REPORT ON OPERATIONS, RLVEMS AM ~
EXPENDITUR66.
Nelson discussed revenues with the Board. During this
discussion, Laney commented that total burden of absorbing
the loss of church revenue should not fall on the utility
deparment. It was the consensus of the Board that churches
reed to make themselves aware of energy saving devices and
their own usage patterns and make adjustments where called
for in order to better manage their costa in these areas.
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ORDINANCE NO. ~f
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND 1t
THE OITY OF ARGYLE PROVIDING FOR INTERIM WASTEWATER DISPOSAL
SERVICESt AND PROVIDING AN EFFECTIVE DATE.
9* THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSs
SECTION I. That the Mayor is authorized to execute the Second
Interim Wastewater Disposal Contract between the City of Denton and
The City of Argyle, the original of which is attached hereto.
SECTION II. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of , 19900
i
BOB CASTLERMY, MARK
}
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ATTESTS I
JENNIFER WALTERS, CITY SECRETARY
t BYs
APPROVED AS TO LEGAL FORMS
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BYi~
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i, SECOND INTERIM WASTEWATER DISPOSAL CONTRACT BETWEEN
THE CITY OF DENTON AND THE CITY OF ARGYLE, TEXAS
WHEREAS, the City of Denton ("Denton") and the City of Ar le
("Argyle") previously entered into an interim agreement to provide
wastewater services for the Argyle Independent School District
(AISD) until Argyle can arrange for permanent wastewater treatment
services with the Upper Trinity Regional Water Districts and
WHEREAS, the original interim agreement has expired and Argyle
has requested that Denton continue to provide interim wastewater
services until June 1, 19911 and
WHEREAS, Denton and Argyle are authorized to make and enter
into this Contract under Article 4413-(32c), V.A.T.C.S.1 Now,
Therefore, Denton and Argyle agree as follows:
1.
Wastewater Services Provided by Denton
A. Denton agrees to receive and treat at Denton's Pecan Creek
Water Reclamation Plant located at 1100 Mayhill Road, Denton,
Texas, the wastewater generated from AISD's educational facility
located at 800 Eagle Drive, Argyle, Texas ("AISD Wastewater").
B. As between Denton and Argyle, Argyle shall be solely
responsible for the transportation of AISD Wastewater to Dent..)nos
Pecan Creek Water Reclamation Plant. AISD Wastewater shall be
delivered to a discharge point or points at Denton's Plant as
specified by Denton at the time of delivery. Argyle shall cause
AISD Wastewater to be delivered to Denton during normal business
hours (8:00 A.M. and 5:00 P.M. Monday through Friday, excluding
j holidays). Any deliveries made outside of the times specified
herein must be approved in advance by Denton.
C. Argyle shall insure that AISD Wastewater shall be
transported by a person or firm properly equipped and trained in
wastewater transportation. Argyle shall insure that each time AISD
Wastewater is loaded at the AISD facility for delivery to Denton,
the delivery vehicle contains no other waste materials or liquids
from any other source. AISD Wastewater shall be delivered directly
to Denton's Reclamation Plant without receiving any wastewater or
other waste materials or liquids from any other source. A "Liquid
Waste Transportation Trip Ticket", attached hereto as Exhibit "A",
shall be completed by AISD and the AISD Wastewater transporter at
the time of loading and supplied to Denton with each delivery of ,
AISD Wastewater. Denton may refuse to receive any delivery of AISD
Wastewater which it determines, in its sole discretion, contains
any hazardous metals or toxic substances, as defined by Denton's
ordinances, as amended.
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V II.
Billing and Payment for Services
A. Denton shall bill Argyle each month and Argyle shall pay
Denton within thirty (30) days after receipt of the bill for the
wastewater treatment services provided herein the total sum of the
Nam following rates and charges:
(1) A Facility Charge of $50.00;
(2) A Wastewater Treatment Charge determined as follows:
Capacity of Vehicle X Number of DeliVeris
1000 x $1.95;
(3) A Laboratory Analysis Charge of $120.00;
(4) A Surcharge Treatment Fee of $0.000743 for each
milligram per liter (mg/1) of biochemical oxygen demand 1
(SOD), and $0.000751 for each milligram per liter
(mg/1) of total suspended solids (TS) in excess of 250 j
milligrams per liter (mg/1), as the terms "BOD" and #
"TS" are defined by Denton': ordinances, as amended
and,
(5) An overtime Charge of $15.00 per delivery for any r
delivery of AISD Wastewater outside normal business
hours as provided in this Agreement, if any.
B. The Wastewater T oatment Charge provided for above shall
be based on the capacity fr. the transporting vehicle at the time of
delivery and discharge, without regard to the actual amount of AISD
Wastewater delivered or treated.
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III.
Term and jermination
A. This Agreement shall terminate on June 30, 1991.
B. In the event that Argyle fails to comply with any terms or
condition pertaining to this Agreement, Denton shall give Argyle
notice of said breach. Should Argyle fail to correct the breach
within fifteen (15) days following receipt of said notice, then
Denton shall have the right to terminate this Agreement before June
it 1991.
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IV.
No Representation of Continued service
The intent of this Agreement is to provide for interim
wastewater treatment services for Argyle until June 1, 1991, to
allow Argyle sufficient time to arrange for permanent wastewater
treatment services by contracting with the Upper Trinity Regional
Water District, in turn, Denton will exercise due diligence in
negotiating a contract for wholesale wastewater treatment services
with the Upper Trinity Regional Water District. Argyle and Denton
agree that it is not the intention or representation of either
party to the other that by the making of this Agreement Denton
would provide to Argyle or that Argyle would receive from Denton
wastewater services in any manner beyond the term of this
Agreement, This contract is for the sole benefit of Argyle and
Denton, and no other party, including Argyle, shall be considered
to have any present or future right or obligation under this
Agreement.
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V.
Indemnification
Argyle agrees to and shall indemnify and hold harmless Denton,
its officern, agents, and employees, from and against any and all
claims, losses, damages, causes of action, suits, and liability of
every kind, including all expenses of litigation, court costs, and
attorney's fees, for injury to or death of any person, or for
damage to any property, arising out of or in connection with the
performance of this contract regardless of whether such injuries,
i death, or damages, are caused in whole or in part by the negligence
1I of Denton.
IN WITNESS WHEREOF, Denton and Argyle, acting under authority
several bodies have cused
be dulyr executed in governing
parts$ each hof which shall
constitute an original.
EXECUTED this day of , 1990,
CITY OF DENTON, TEXAS
BY:
BOB CASTLEBERRY, MAYOR
PAGE 3
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
DEBRA DRAYOVITCHo CITY ATTORNEY
J ln7- -
SYt
CITY OF ARGYLE, TEXAS j III,
I
By
NORM THOMAS MAYOR
' ! I
ATTESTS
XANDI WATERSTREET+ CITY SECRETARY i
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BY:
119003-11/7/90
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f DATE: 11/20/40
CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: Ordinance relating to notice, abatement, and the levying of the cost
of abatement against a property where the owner fails to keep the
property fres of garbage, trash, and debris.
RECOMMENDATION: 1
Staff recommends adoption of the ordinance.
SUMMARY:
The proposed ordinance would enable the city to recover the costs
associated with the removal of trash, debris or garbage when the
owner fails to keep the property free of this material. Currently,
the city is authorized to mow property after notice and charge the
owner the cost of mowing. In addition, an administrative fee of $80 q
is added to cover the city's cost to abate the grass and weed
violation. Hovever, if a trash and debris violation exista, the r
city sends nctice but the only enforcement remedy is to write a E
citation. While the citation is being processed through the court ;
system, the trash and debris violation remains on site,
I Information related to notice, recovery of costa, and assessment of
an administrative fee have been combined into one section which 3
covers grass and weeds, trash and debris, and migratory birds. The
9 amendment places all the related section together since the f
E procedure is the same In each case.
BACKGROUND:
An administrative problem with the handling of trash and debris
n~
complaints was determined last year. The Code Enforcement Officers 1
could not abate the trash and debris violations, and citations were
not effective as the only way to insure that the trash was removed
from the property. Xeep America Beautiful (RAB) recommends having
several options to abate trash violations, and many RAB system
cities in Texas have similar provisions to assist in cleaning up
littered areas and illegal dumps. Those cities include Midland?
Galveston, and Mesquite.
PROGRAMS, DEPARTMENTS OR GROUPS AFFEI=D:
Code Enforcement Officers, Accounting Division, and citizens of
Denton
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CC Format
h Page 2
h FISCAL IMPACT:
The Division estimates handling 500 trash and debris violations in
1990-1991. If the city Contracts 15% of the violations, the ,I
I administrative fee would generate $6,000.
I espe lly aubmZ411
Pre
pared by: Lloyd Y. Harrell
I
City Manager
I` Cecile Carson e
Administrative Analyst
Ap oved:
t I
seas Nava
Ass tent to the
y Manager
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ORDINANCE NO.
E AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 12 OF
THE CODE OF ORDINANCES RELATING TO NOTICE, ABATEMENT, AND THE
LEVYING OF THE COST OF ABATEMENT AGAINST PROPERTY WHERE THE OWNER
THEREOF FAILS TO KEEP THE PROPERTY FREE OF GARBAGE, TRASH, RUBBISH,
W;;4 HIGH GRASS AND WEEDS OR FAILS TO CLEAR A MIGRATORY BIRD ROOST, AS
REQUIRED BY CHAPTER 12; PROVIDING FOR APPEALS FROM THE ASSESSMENT;
PROVIDING A SEVERABILITY CLAUSE) AND PROVIDING FOR AN EFFECTIVE
DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSr
SECTION I. That Sections 12-27, 12-290 12-34, and 12-35 of
the Code of ordinances are repealed.
SECTION Ii. That Article VII of Chapter 12 of the Code of
ordinances is amended to read as follows:
ARTICLE VII.
NOTICE, ABATEMENT, AND COLLECTION OF COSTS
gees 12-36. Notice of Violation.
If the owner of property fails or refuses to comply
with section 12-7, section 12-26, or section 12-33 of
this chapter, the City shall give written notice to the
4 property owner. The notice shall be delivered t& the
owner or mailed to the owner's post office address. if
'f delivery in person is not possible or if the owner's post
office address is unknown, notice shall be given by
publication in the City's official newspaper at least
f twice within 10 consecutive days.
II Sea. 13-37. City flay Correat Violation.
If, at the expiration of ten (10) days after
delivery, mailing, or publication of the notice, the
owner fails to correct the violation, the City may enter
upon the property and do the work, or pay for the work to
be done, as necessary to correct the violation.
Ssc, 12-3a. Owasr Assessed Costs,
A statement of the costs incurred by the City in
correcting a violation shall be mailed to the property
owner. The costs shall include an administrative fee of
PAGE 1
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eighty dollars ($80.00). The statement shall be due
within thirty (30) days of the date of mailing.
Soo. 12-39. Lien to secure costs.
If the statement is not timely paid, the City may file a
statement with the county clerk of the costs incurred,
including administrative costs. Upon filing the state-
ment, the City shall have a privileged lien on the land
upon which the costs were incurred, second only to tax
liens and liens for street improvements. The amount of
the lien shall include ten (10%) percent on the delin-
quent amount from the date payment was made by the City.
The statement of expenses or a certified copy of the
statement is prima facie proof of the expenses incurred
by the City. To collect the costs, suit may be institut-
ed and recovery and foreclosure had in the name of the
City.
Soo. 12-40. Appeal of Costs Imposed.
Within fifteen (15) days of the date the statement
of costs is mailed to the owner of tho premises, the
owner may appeal the reasonableness of the charges billed ;
for abating the condition to the City Council by filing
a written statement with the City Manager or his
designee, stating why the charges are unreasonable. The
appeal shall be submitted to the City Council for its
review within a reasonable time after filing. If the i
Council finds the charges unreasonable, it shall assess
the costs as it deems reasonable. The administrative
charge shall not be appealable.
See. 12-41--12-50. Reserved.
SECTION iii. If any section, subsection, paragraph, sentence,
clause, phrase or word in this agreement, or application thereof to
any person or circumstance is held invalid by any court of
competent jurisdiction, such holding shall not affect the validity
of the remaining portions of this agreement, and the parties hereby
declare they would have enacted such remaining portions despite any
such invalidity.
1
SECTION IV. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of , 1990.
BOB CASTLEBERRY, MAYOR
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY i
BY:
S -
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:November 20, 1990 6
a CITY COUNCIL
AGENDA ITEM
r
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Lloyd V. Harrell, City Manager
RE: Consider Ordinance Authorizing Sale of Power and
Energy to ':he City of Bowie, Texas.
RECOMMENDATION:
41
The Public Utilities Board, at their meeting of November
14, 1990, recommended to the City Council approval of
suhject contract to sell power and energy to the city of
Bowie, Texas,
SUMMARY/BACKGROUND:
On Octobec 22, 1990 the City Council of Bowie accepted the
proposal that the four Texas Municipal Power Agency Cities
had extended to sell power and energy to Bowie beginning
E January 1, 1992. This is a 'full requirements' contract
(except for power and energy available from jointly owned j
facilities with Texas Municipal Power Agency, Texas ,
Municipal Power Agency Cities or a local co-generation or
renewable resource facility) extending from January 1,
1992, to January 1, 20U2. This contract provides Bowie the
II option to become a member of Texas Municipal Power Agency
1 or another joint action entity created by one or more of
the Texas Municipal Power Agency cities. Bowie has peak
demands of 14,000 KW and annual electric energy
requirements of 47,270,000 KWH.
The initial electric rate will be:
f
Do:~mand Charge $11,78/KW/MO
Energy Charge $ 2.00/1000 KW (MWH)
Full Charge Average of cities,
variable Cost
Estimate- $14.55/MWH
Ratchet 508
The rate to designed to essentially sell power and energy
to Bowie at a price equal to the average cost of power and
energy of the four Texas Municipal Power Agency Cities.
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The Cities will transport the power and energy to Bowie via
the Brazos Electric Power Coop, Inc., 138,000 volt
' transmission lines located at the Southern edge of Bowie.
Bowie will be responsible for constructing a 138,000 volt
to 12,500 volt stepdown substation. The Cities will be
responsible for a high voltage breaker and metering
equipment, estimated to cost approximately $980,000.
The total revenue from this sale is estimated to be
approximately $2.1 million with variable costs being
approximately $780,000 and the remaining $1,300,000
representing demand charges which will be distributed
b,itween the four Cities. Denton's share will be in the
range of $156,000 to $286,000 per year. Since this
represents the sale of excess capacity that Denton already
owns, there is no cost to Denton for the capacity and the
cost of any energy that is provided will be paid out of the
energy sales revenues.
FISCAL SUMMARY:
Estimated Annual Revenue $156,000 to $286,000
Effect on Denton's Rates .3% to .5% Lower
Respectfully,
i
E10-y-d V. Harre y anager
PREPARED/APPROVED BY:
( R.E. Nelson, ve b rector
Department of Utilities
Exhibit I: Bowie Contract
TI: Ordinance
III: Minutes of Public Utilities Meeting of 11-14-90
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ORDINANCE NO. r
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN
THE CITY OF DENTON AND THE CITY OF BOWIE FOR THE PURCHASE OF FIRM
POWER AND ENERGY; AND PROVIDING AN EFFECTIVE DATE.
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THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the Mayor is hereby authorized to execute an
agreement between the City of Denton and the City of Bowie for the A
purchase of firm power and energy, under the terms and conditions
contained in the agreement, a copy of which is attached hereto and
made a part hereof.
SECTION II_._ That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of , 1990.
BOB CASTLEBERRY, MAYOR `
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ATTEST;
JENNIFER WALTERS, CITY SECRETARY
BY. APPROVED AS TO LEGAL FORM.
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
bow,eord
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CONTRACT FOR SALE
AND PURCHASE OF FIRM
POWER AND ENERGY
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between
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CITY OF BOWIE, TEXAS
as Purchaser
E
and each of j
CITY OF BRYAN, TEXAS, J {
CITY OF DENTON, TEXAS,
s
CITY OF GARLAND, TEXAS,
CITY OF GREENVILLE, TEXAS,
each acting on its own
behalf severally and not
jointly, as Seller
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Dated as of
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TABLE OF CONTENTS
h
SECTION l: Capacity of Parties: Nature and Number of
M Contracts 2
SECTION 2: Definitions 3
4 SECTION 3: Sale ar'd Purchase of Firm Power and Energy 4
SECTION 4: Delivery of Firm Power and Energy,,,,,,,,,,,,,,,,, 6
SECTION 5: Rates aid Charges 8
SECTION 6: Meter Readings and Seller's Billing ................0.....10
SECTION 7: Meter Testing and Billing Adjustment 4.10
SECTION 8: Payments to Constitute Operating Expenses of
Purchaser's System ....................................11
SECTION 9: Covenants of the Purchaser ...............................11
SECTION 10: Covenants of the Seller ..................................12
SECTION 11: Remedies in Event of Default ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,13 I
SECTION 12: Payment Due Dates and Delinquency ........................14
SECTION 13: Term of Contract,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,15 j
SECTION 14: Force Majeure ............................................17 _ i
SECTION 15: Records and Accounts ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,18 I
SECTION 16: Access ..............................................18 ,
M SECTION 17: Assignment ...............................................19
SECTION 18: Successors and Assigns ...................................19
SECTION 19: Governmental Rates, Regulations and Laws .................19 I
SECTION 20: Notices ..................................................20
SECTION 21: Severability .............................................20
SECTION 22: Entire Contract ..........................................20
SECTION 2~: No Waiver ................................................20
SECTION 24: Venue ....................................................21
I EXHI11T
Exhibit A ...............................................................23
Exhibit 8 ...............................................................24
a Exhibit C ...............................................................25
Exhibit 0 ...............................................................26
Exhibit E ...............................................................27
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Exhibit F ...............................................................28
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CONTRACT FOR SALE
AND PURCHASE OF FIRM
POWER AND ENERGY
between
City of Bowie, Texas,
as Purchaser
4 and each of
City of Bryan, Texas,
City of Denton, Texas,
City of Garland, Texas,
City of Greenville, Texas
,i each acting on its own
behalf severally and not
` ,jointly, as Seller
This Contract, made and entered into as of the _M day of
1990 (but effective on the date provided in Section 13 hereof), by and between
the City of Bowie, Texas (the "Purchaser"), a municipal corporation and political
subdivision of the State of Texas, and the City of Bryan, Texas, the City of
Denton, Texas, the City of Garland, Texas, and the City of Greenville, Texas,
each of which cities is a municipal corporation and a political subdivision of
' the State of Texas (herein called "Seller" with respect to provisions applicable
to each of them and called "Aryan," "Denton," "Garland," or "Greenville," as the
case may be, with respect to provisions applicable to them severally). f
WITNESSETHi
WHEREAS, the Purchaser has need of an economical, reliable source of Firm
Power and Energy to meet the demands of its customers and has determined to
purchase such Firm Power and Energy from the Seller; and
WHEREAS, the Seller owns electric generating facilities and transmission
lines and purchases Power and Energy from TMPA for the purpose of supplying Fine
Power and Energy to its customers;
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It WHEREAS, the Seller is authorized by Section 402.001 of the Local
Government Code to sell electric service to any person outside its boundaries
and to contract with persons outside its boundaries to permit them to connect
with its System on terms Seller considers in its best interest; and
WHEREAS, the Purchaser is a person, within the meaning of that term as
defined in Section 311.005 of the Government Code, located outside the boundaries
of Seller and desires to purchase, and the Seller, having found that the terms
herein set forth are in the best interest of the Seller desires to sell, Firm
Power and Energy on the terms and conditions herein set forth.
NOW THEREFORE, ?n consideration of the mutual undertakings herein contained
between the Purchaser and each of Bryan, Denton, Garland, and Greenville acting
on its own behalf severally and not jointly, the Seller and the Purchaser agree
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as follows: _
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SECTION 1: Capacity of Parties: Nature and Number of Contracts.
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,;pis instrument is four separate contracts between the Purchaser and each
of Bryan, Denton, Garland, and Greenville, respectively. Each of the four
separate contracts contain substantially identical terms except insofar as a
particular provision is clearly applicable only to one or more of the separate
F contracts by specifying its application to Bryan, Denton, Garland, or Greenville
rather than Seller. The rights, duties, obligations, and benefits of "Seller"
herein apply to each of Bryan, Denton, Garland, and Greenville, severally and
not jointly. This instrument contains no agreements or undertakings and imposes
no duties or obligations between any of Bryan, Denton, Garland, or Greenville
to any of Bryan, Denton, Garland or Greenville but this declaration does not
affect in any respect the obligations of the Seller to the Purchaser under this
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t Contract. A breach or termination of this instrument by one or more of Bryan,
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Denton, Garland, or Greenville does not in any manner affect the non-breaching
or non-terminating parties and does not affect the contracts herein contained
of such non-breaching or non-terminating parties with the Purchaser. This
Contract shall be binding between Seller and Purchaser, with respect to each
separate Contract, on the date both of the Purchaser and the applicable Seller
have duly authorized, executed, and delivered this Contract, These Contracts
shall terminate as provided in Section 13. The dates which the Contracts are
executed and binding may be, but are not required to be, the same. The failure
of one or more Sellers to execute this instrument does not affect the formation
of a Contract by the Purchaser and Seller that execute this instrument since
the Sellers that do execute this Contract are required to provide all of the Firm
I Power and Energy requirements of the Purchaser as described in Section 3(c),
Subject to the foregoing, this Contract may be executed in counterparts. -
SECTION 2i Definitions, As used herein;
(a) "Bryan" shall mean the City of Bryan, Texas.
(b) "Denton" shall mean the City of Denton, Texas.
(c) "Garland" shall mean the City of Garland, Texas.
(d) "Greenville" shall mean the City of Greenville, Texas.
(e) "Energy" shall mean kilowatt-hours (kWh).
(f) "ERCOT" shall mean the Electric Reliability Council of Texas,
(g) "Firm" shalt mean continuous and without interruption (except for
an event of Force Majeure as defined in Section 14.)
(h) "Points of Delivery" shall mean the points on the System of, or
available to, the Seller, as determined from time to time by the Seller and the
Purchaser, at which Power and Energy are made available to the Purchaser pursuant
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to this Contract, Such Points of Delivery shall be attached hereto as Exhibit
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"A", and a change therein, approved by the Seller and the Purchaser shall not
be considered as an amendment to this Contract.
(i) "Power" shall mean kilowatts (kW). 1
W "Purchaser" shall mean the City of Bowie, Texas.
(k) "Seller" shall mean each of Bryan, Denton, Garland, and Greenville
acting on its own behalf, severally and not ,jointly.
(1) "System" shall mean the Sellers' electric utility systems. J
(m) "TMPA" shall mean Texas Municipal Power Agency.
(n) "Uniform System of Accounts" and all other accounting methods and
terminology contained or referred to in this Section or elsewhere in this
Contract means accounting principles, methods and terminology followed and
construed, as nearly as practicable, in conformity with the Uniform System of
Accounts for Class A and Class B Public Utilities and licensees and accounting -
rules and regulations thereunder prescribed by the Federal Energy Regulatory
Commission for privately owned power companies which are subject to its I
jurisdiction and engaged in business comparable to the business of the Seller ~
insofar as the System is concerned, as amended from time to time, or such other
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( system as may be required by any regulatory agency.
SECTION 3: Sale and Purchase of Firm Power and Energy,
f (a) The Seiler agrees to sell and deliver Firm Power and Energy and the
Purchaser agrees to purchase and receive the Purchaser's total requirements for
the operation of the Purchaser's electric system in excess of (i) any amount
generated from facilities which the Purchaser jointly owns with TMPA, (ii) any ;
amount purchased From TMPA after re-creation of TMPA by the addition of one or
' more of cities including, but not limited to, the Purchaser, (iii) any amount
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purchased from a joint powers agency created by the Purchaser and by one or more
of Bryan, Denton, Garland, or Greenville, for the purpose of construction of
future generating facilities, (iv) any amount generated by the Purchaser from r
a facility which is jointly owned by the Purchaser and by a joint powers agency
created by one or more of Bryan, Denton, Garland and Greenville, (v) any amount
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purchased from a city other than the Seller which is a member-city of TMPA
pursuant to contract substantially identical to this contract, (vi) any amount
supplied by renewable resources, provided that Purchaser is an owner of the
supplying facility, (vii) any amount supplied from a facility certified by the
Federal Energy Regulatory Commission as a Qualifying Facility, provided that
the Qualifying Facility is located in the service area of the Purchaser and is
electrically connected to the electric system of the Purchaser, (viii) any amount
supplied by cogeneration or other "on-site' generation associated with economic ~
development activities of the Purchaser, provided that the facility is located -
in the service area of the Purchaser and is electrically connected to the
electric system of the Purchaser, and (ix) any amount supplied by contracts with
governmental agencies for supply of Capacity or Energy to Purchaser as a
s
preference customer as defined by Section 5 of the Flood Control Act of 1444
(16USC Sec. 825s). The Purchaser ihall provide written notice to the Seller when
the Purchaser has taken formal action to accept a potential supply of Power and
Energy under items (vi) through (ix) of this section.
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(b) it is the intent of this Contract that if any Seller, as that term
is defined In Section 2 of this Contract, do not execute this Contract, then the
remaining Sellers who do execute this Contract will be responsible for providing
all of the Power and Energy requirewts of the Purchaser, as required under
subsections (a) and (c), for the term of this Contract. The formula which
dictates how Auch power and energy each Seller is required to provide is
contained in Section 3(c) of this Contract.
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(c) The Seller's obligation to provide Firm Power and Energy under this
contract is limited to a proportion of Purchaser's total requirements for Firm
Power and Energy, calculated by multiplying Purchaser's total requirements by
a fraction, the numerator of which is the difference between Seller's available
capacity including its then current entitlement from Gibbons Creek, and 1.15
times the Seller's native peak load after excluding other firm or non-firm sales
and the denominator of which is the sum of the numerators for all of the Sellers.
Exhibit W reflects two examples of calculations of the above formula.
(d) in association with the Power and Energy being sold to Purchaser,
Seller will provide all of the operating and planning reserves required by
applicable operating agreements with other members of ERCOT in proportion to
its obligation to provide Firm Power an' cnergy under Section 3(c) above. - r
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` (e) On January 1 of each year during the term of this Contract, the
II Purchaser shall provide to Seller (at the addresses set forth in Exhibit 0) a
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forecast of its requirements for Power and Energy for the next five years and
other information reasonably required by Seller to enable Seller to plan for the
Power and Energy requirements of Purchaser.
j SECTION 4: OelivIry of Firm Power and Energy. ~
{
(a) The Firm Power and Energy to be furnished under this Contract shall
be three (3) phase, alternating curr,%nt, at a nominal standard voltage of 138,000
t
volts at the Points of Delivery, and a nominal frequency of sixty (60) Hertz,
subject to conditions of delivery and measurement as hereinafter provided.
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(b) The Points of Delivery and the conditions of service pertinent
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thereto shall be in accordance with Exhibit "A" attached to this contract, as
may be modified by the Seller and the Purchaser from time to time. The location
of the Points of Delivery, for service commencing on January 1, 1992, shall be
mutually agreed upon between Purchaser and Seller. After commencement of service
under this Contract, no delivery points will be added without permission :f the
Purchaser. The Seller at its expense will provide for the co,,structfon of all
facilities on the supply side of the metering point and for the operation and
maintenance of those facilities, except as noted on Exhibit W.
(c) The Seller will be responsible for Firm delivery of Firm Power and !
Energy under this Contract, to the Purchaser at the Points of Delivery, and any
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costs related to Firm delivery of Firm Power and Energy.
(d) Metering equipment shall be furnished, installed and maintained by
the Seller at each Point of Delivery. If transforming equipment is located at
the Point of Delivery, said metering equipment shall be located on the high j '
voltage side of the transformer. i
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1 (e) The Purchaser shall maintain its electric system such that the power
factor at each metering point shall be between 0.90 lagging and 0.90 leading.
In the event that the power factor at the time of monthly peak demand is less
I than 0.90 lagging, the demand for billing purposes w+11 be adjusted by the
following formula:
Adjusted demand • Actual demand x 0.90
Power Factor
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r SECTION 5: Rates and Charles.
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6 (a) The rates and charges of the Seller to the Purchaser for Firm Power
and Energy and for services supplied shall be;
(i) non-discriminatory,
(11) fair and reasonable, and be calculated based upon the average
( costs of providing the Firm Power and Energy or providing the service with
respect to which the rate or charge is based as shown in Exhibit E, and
i (iii) adjusted annually to reflect the average Energy cost as
calculated on an annual basis in the manner described in this section.
{
(b) Except with respect to adjustments expressly allowed by Section
j 5(c), the rates and charges set forth on Exhibit "C" are firm until the earlier _
of January 1, 1994 or such date as the Purchaser receives (i) any power or energy
generated from facilities which the Purchaser jointly owns with TMPA, or (11)
any Power or Energy generated by the Purchaser from a facility which is jointly
owned by the Purchaser and by c joint powers agency created by one or more of
i Bryan, Denton, Garland, and Greenville. After such date, the rates and charges
in Exhibit "C" shall be amended. The amended rates and charges shall be based
on the criteria in subsection 5(a).
(c) On January 1 of each year during the term of this Contract, Seller's
average Energy cost for the preceding year ending September 30 shall be compared
' with Purchaser's average Energy cost for the same tim: period under the rates
` charged in Exhibit "C", the Purchaser's average Energy cast adjusted to reflect i
Purchaser's average Energy cost at the system load factor. Seller's average
{
Energy cost shall be calculated by dividing the sum of the total production costs
of Seller by the combined Energy supplied to Firsts load by Seller as shown in I
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Exhibit 'E'. The total production costs of Seller shall be calculated by summing
the demand charge paid to TMPA, the Energy charge paid to TMPA, the operating
and maintenance costs for Power generation incurred by Seller, debt service for
generation paid by Seller, and other associated costs of generation and any cost
of additional Power and Energy purchased by Seller pursuant to Section 10(a)
of this Contract incurred by Seller and consented to by Purchaser, which consent
i shall not be unreasonably withheld, as shown in Exhibit 'E'. Purchaser's
adjusted average Energy cost will be the actual average Energy cost paid under
the rate in Exhibit "C', adjusted to reflect System load factor. An example
calculation of the Purchaser's adjusted average Energy cost is shown in Exhibit
'F". If Purchaser's adjusted average Energy cost under Exhibit 'F" is less than
Seller's average Energy cost, no rebate is required. If Purchaser's adjusted
average Energy cost is greater than Seller's average Energy cost from Exhibit
"E", Seller shall rebate to Purchaser on or before January 1 of each year the -
difference, without interest, between Seller's average Energy cost and
Purchaser's adjusted average Energy cost, multiplied by the Purchaser's Energy
billing units of Exhibit "F'. Under no circumstances will the Purchaser be
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required to reimburse monies to the Seller if Seller's average Energy cost is
more than Purchaser's average Energy cost. from and after the date the
Purchaser receives Power and Energy from one of the sources enumerated in
subsection 3(a), if a reduction in the Purchaser's demand for Firm Power and
Energy from the Seller occurs, the calcolation of average Energy cost shall be
changed to reflect the lower demand of Purchaser for Firm Power and Energy from
the Seller and the Seller's costs at such time. The term 'Seller" in this
paragraph shall include Bryan, Denton, Garland and Greenville, whether or not
each is a party to this Contract,
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SECTION b: Meter Readings and Seller's Billing.
s The Seller shall read meters or cause meters to be read and submit one
combined bill and cause the Purchaser to be billed for firm Power and Energy
furnished under this Contract at monthly intervals. If multiple Points of
Delivery are provided by Seller, then the demand utilized for billing purposes
shall be calculated on a coincident peak demand basis. Payment of the bill is
due within fifteen (15) days after receipt by Purchaser. Payment of the bill
shall be made to the person, at the address, in the manner, specified in the
bill. Seller may cause billing services to be performed by TMPA or by some
other legal entity, and Seller's bill may be aggregated with the bills to
Purchaser of any other member city of TMPA. In such event, the Purchaser may
pay a single amount to TMPA or to the other entity, as the case may be, for
credit to the account of the Seller and the other cities as detailed on the bill. -
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SECTION 7: Meter Testing and Billing Aflustments.
The Seller shall test and calibrate meters or cause meters to be tested
and calibrated by comparison with accurate standards at intervals of twelve (12)
! months, or such other intervals as the parties agree. Tie Seller shall also make
or cause to be made special meter tests at any time at the Purchaser's request.
The costs of all tests shall be borne by the Seller; provided, however, that if
any special meter test made at the Purchaser's request shall disclose that the
meters are recording accurately, the Purchaser shall reimburse the Seller for
the cost of such test. Meters registering not more than 1/2 of 1% above or below
normal shall be deemed to be accurate. The readings on any meter which shall
have been disclosed by test to be inaccurate shall be corrected from the
beginning of the monthly billing period immediately preceding the billing period
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during which the test was made in accordance with the percentage of inaccuracy
s found by such test, provided, that no correction shall be made for a longer
period unless the Seller and the Purchaser mutually aoree thereto. Should any
meter fail to register, the Power and Energy deliver: during such period of
failure shall, for billing purposes, be estimated by the Seller and the Purchaser
from the best information available. The Seiler shall notify the Purchaser or
cause the Purchaser to be notified in advance of the time of any meter test so
that the Purchaser's representative may be present at such meter test. For the
purpose of notifying the Purchaser in advance of a meter test, the Seller is not II
required to provide written notification as required by section 21.
SECTION 8: Payments to Constitute Ooeratina Expenses of Purchase*~c
The Purchaser reserves the right to pay operating expenses of its electric
system from any funds legally available for the purpose, but the Purchaser's I
obligation to make payments under this Contract shall constitute an operating {
expense of its electric system payable solely from the gross revenues of such j
system.
SECTION 9: Covenant of he Durc,~,~,
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(a) The Purchaser covenants to establish, maintain and collect rates and
charges for the electric service of its electric
system which shall produce
revenues at least sufficient, together with other revenues available to such
electric system and available electric system reserves, to enable it to pay to
the Seller, when due, all amounts payable by the Purchaser under this Contract.
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(b) The Purchaser covenants that Firm Power and Energy supplied under
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this Contract will be used only to supply Purchaser's retail customers as members
of the general public and will not be resold to other utilities at wholesale or
resold to any person or business pursuant to a written contractual arrangement
a or other understanding which differs in any respect from sales to the public
generally. Fer purposes of this section 9(b), purchases of Firm Power and Energy
by industrial or business customers pursuant to a rate structure published by
the Purchaser and available to any customer meeting the established criteria
(size of load, load factor, etc.) are treated as sales to the public generally
and are not prohibited by this section.
SECTION 10: Covenants of the Seller.
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(a) The Seller covenants to use the same degree of diligence it would
use for its native load to provide Firm Power and Energy hereunder. If by reason
of Force Majeure, the supply of Firm Power and Energy shall fail, or be
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interrupted, or become defective as hereinafter provided, the Seller shall not I
be liable therefore or for damages caused thereby. Pursuant to the Power Sales
Contract, as amended, between Seller and TMPA, Seller is obligated to take all
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of its requirements from TMPA and is prohibited (except in certain limited
circumstances) from constructing additional generating facilities. Therefore,
1 no provision of this Contract requires Seller to construct capacity to provide
r I Firm Power and Energy to Purchaser. If Seller does not have sufficient capacity
I~ to provide to Purchaser the Firm Power and Energy required under this Contract,
Seller shall purchase the additional Power and Energy that is required.
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(b) The Seller covenants that it will operate, maintain and manage its
System or cause the same to be operated, maintained and managed in an efficient
and economical manner, consistent with prudent utility practice and in accordance
with standards normally used by ERCOT utilities owning and operating like
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properties.
SECTION 11: Remedies in Event of Default.
(a) If the Purchaser fails or defaults in meeting the terms, conditions
and covenants of this Conti^act, the Seller shall give notice to the Purchaser.
The Purchaser shall from the date of the mailing of such notice, have a period
of thirty (30) days to cure the default; provided, however, in the event the
failure or default is a failure to make payment within fifteen (15) days after
receipt of the bill, the Purchaser shall, from the date of mailing of such
notice, have a period of fifteen (15) days to cure the default.
(b) If the Purchaser does nut cure its default within the period
specified in subsection (a), then, so long as the Purchaser remains in default,
and in addition to any other rights which the Seller has under this Contract and
at law and in equity, the Seller may terminate all service to the Purchaser;
j provided, however, that Seller shall provide written notice to Purchaser prior
to the date of termination. In the event the default is a failure to pay a bill
1 for Power and Energy within fifteen (15) days after receipt of the bill, the
Seller shall provide notice of termination at least fifteen (15) days prior to
the date of termination. In the event of a default by Purchaser which does rot
include a failure to pay a bill within fifteen (15) days of receipt of the bill,
the Seller shall provide notice of termination of least thirty (30) days prior i
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s to the date of termination, The notice of termination may be included in the
notice required under subsection (a) and, in such a case, the period of time in
which the Purchaser may cure the default may also serve as the notice period
prior to termination of service. Termination of service hereunder shall not
reduce or change the obligation of the Purchaser or Seller under the other
provisions o` this Contract.
(c) If the Seller fails or defaults in meeting the terms, conditions and
rand.
covenants of this Contract, the Purchaser shall give notice to the Seller.
Following such notice, the Seller shall have a period of fifteen (15) days to
cure the default, If the default is not cured in the fifteen (15) day period,
then the Purchaser shall have all of the rights and remedies provided at law and
in equity, including the right to offset any obligations rtherwise due Seller
and the right for mandatory injunction,
SECTION 12: Payment Out Dates and DelinauencY.
In the event that the Purchaser fails to make my payment within fifteen
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(15) days after receipt of the bill, interest on the delinquent amount shall
accrue at the rate of ten percent (10%)
per annum from such date until paid in
full, following the fifteen (15) day period in which Purchaser may cure such
default as provided in Section 11, tie Seller may, in addition to any other
remedy in this Contract including termination of service and including any other
remedy available at law or in equity, institute a proceeding for a mandatory
injunction requiring the payment of the amount due and interest thereon, such
action to be instituted in a court of competent Jurisdiction.
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SECTION 13: Term of Contract.
(a) The Seller's duty to commence Firm Power and Energy under this
Contract shall commence oa January 1, 1992. In the event Seller is unable to
deliver Firm Power and Energy to Purchaser on said commencement date, and the
inability to perform is not an event of "Force Majeure", the Seller shall
r (consistent with its contract with TMPA) make arranger,ents with another utility
to deliver Firm Power and Energy to Purchaser at no additional cost to Purchaser
until such time as Seller is able to deliver Firm Power and Energy under this
Contract.
Prior to January 1, 1992, the Seller shall energize the 138,00 volt portion
of the substation at the Point of Delivery in order to allow Purchaser to test 1
its facilities. Seller will endeavor to energize the 138,000 volt portion of ,
the substation by not later than December 1, 1991.
(b) if Seller does not request Purchaser to enter into a contract as
specified in subsection (c) hereunder, then this contract shall terminate on
January 1, 2002.
(c) During the term of this Contract, Seller may in writing, request
Purchaser to enter into a contract (i) with TMPA, for the joint ownership of a
generating unit with TMPA, (ii) with TMPA, for the purchase of Firm Power and
Energy from TMPA, following the recreation of TMPA by the addition of one or
more cities, including Purchaser, (iii) with a joint powers agency, created by
Purchaser and by one or more of Bryan, Denton, Garland or Greenville, for the
purchase of Firm Power and Energy from the Joint powers agency, (iv) with a
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} Joint powers agency created by one or more of Bryan, Denton, Garland or
Greenville, for the joint ownership of a generating unit with the joint powers
f
agency, or (v) with TMPA for the construction of electric generating facilities
r
for the Purchaser utilizing the proceeds of special contract revenue bonds to
be issued by TMPA. Hereinafter, such a contract shall be referred to as a
"contract of participation'.
(d) Within one year after the receipt by Purchaser of a request under
I` w subsection (c), Purchaser shall (i) enter into the contract of participation
and elect to have this Contract terminate on the date of termination agreed upon
by the parties specified in the contract of participation, (ii) deny the request 'A i
i
and elect to terminate this Contract, effective two years after receipt of the
request, or (iii) deny the request and elect to have this Contract continue on
a "roiling" five year term. if, during the "rolling" five year term, no notice f
terminating the Contract is received before any January 1, then the Purchaser
and the Seller will be deemed to have continued the Contract for another five
year term commencing on January 1. If, however, during the "rolling" five year
term, the Purchaser or the Seller provides written notice to the other before {
any January 1 terminating the Contract, then the Contract will terminate at the '
end of the five year period commencing on January 1.
i
(e) If the Purchaser fails to respond to a request under subsection (c) {
within one year after the receipt of the request, the request will be deemed
( automatically denied and this Contract shall continue on a "rolling" five year
term as more specifically described in subsection (d).
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SECTION 14: Force Ma,iure.
(a) If for any reason of "Force Ma,leure" any of the parties hereto shall
be rendered unable, wholly or in part, to carry out its obligations under this
Contract, then if such party shall give immediate notice and follow with the full
particulars of such reasons in writing to the other party as soon as possible
after the occurrence of the event or cause relied on: the obligation of the
party giving such notice, so far as it is affected by such 'Force Majeure", shall
be suspended during the continuance of the inability then claimed, but for no
longer period, and such party shall use the same degree of diligence it would
use for its native load to remove or overcome such inability with all reasonable
dispatch. The term "Force Majeure" as employed hereir, shall mean acts of God,
strikes, lockouts, or other industrial disturbances, acts of the public enemy,
orders or actions of any kind of the government of the United States or of the
F
State of Texas or any civil or military authority, regulatory or other -
litigation, insurrections, riots, epidemics, landslides, lightning, earthquakes,
fires, hurricanes, storms, floods, washouts, droughts, arrests, restraints of
government and G"ple, civil disturbances, explosions, breakage or accident to
dams, machinery, pipelines, or canals or other structures or machinery, on
account of any o0er cause not reasonably within the control of the party
claiming such inability. It is understood and agreed that the settlenw,;c of
strikes and lockouts shall be entirely within the discretion of the party having
the difficulty, and that the above requirement that any 'Force Majeure' shall
'l be remedied with all reasonable dispatch shall not require the settlement of
I strikes and lockouts by acceding to the demand of the opposing parties when such
settlement is unfavorable to it in the judgment of the party having the
i
difficulty,
(b) No damages shalt be recoverable from the Seller or from the Purchaser
by reason of Force Majeure. j
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(c) Upon an event of Force Mafeure which interrupts the supply of Firm
Power and Energy, Seller will use the same degree of diligence it would use for
its native load to secure an alternative temporary source of Power and Energy 1
in the event of an interruption of the supply of Power and Energy.
SECTION 15: ge~ords and Account,
The Seller will keep accurate records and accounts of the System and of
the tra;sactions relating to each facility constituting the System as well as
of the operations of the Seller in accordance with the Uniform System of
Accounts, which shall include depreciation. Within one hundred twenty (120) days !!i
j after the close of each fiscal year of the Seller, the Seller shall cause such - t
records and accounts with respect to such fiscal year of the Seller to be subject
to an annual audit by an independent certified public accountant. A copy of each
such annual audit shall be sent by the Seller to the Purchaser. The Purchaser
shall have reasonable access to examine any and all books and records of the !
Seller which are public records under the Open Records Act and to examine any
facility of the System.
SECTION 16: Access, i
I
The Seller and the Purchaser will give the other access to the facilities
and (when permitted by existing easement) to the easements, rights-of-way and
property of each other at all reasonabli times for the purpose of constructing,
maintaining, repairing or removing facilities, reading meters and performing work
necessary or incidental to delivery and receipt of Firm Power and Energy
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furnished hereunder. To the extent it is necessary to authorize the delivery
a of the Firm Power and Energy required under this Contract to Purchaser (and not
to others), Purchaser will cooperate with Seller for the extension of Seller's
electric lines inside the incorporated boundaries of Purchaser, which cooperation
will include the routing of lines and the acquisition of rights of way and
easements which Purchaser will acquire at Seller's cost.
SECTION 17: Assfqnment.
This Contract shall not be assignable without the written consent of the
Purchaser and each Seller. Such consent shall -:,;t be unreasonably withheld.
It shall not be deemed unreasonable for a Seiler to withhold consent to (among 1
other assignments) an assignment of this Contract to an entity other than a
political subdivision of this State. The Sellers' otligations to provide Firm
Power and Energy to any assignee of this Contract shall not exceed, in the -
aggregate, 20,000 W.
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SECTION 1S: Successors and Assigns. j
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This Contract will inure to and be binding upon the successors and assigns
of the respective parties.
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SECTION 19: Governmental Rates. Regulations and Laws.
I
The Contract shall be subject to all valid rules, regulations and laws
applicable thereto, as promulgated by the United States of America, the State
of Texas, or any other governmental body or agency having lawful jurisdiction
or any authorized representative or agency of any of them.
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s
Any notice, request, demand, statement or bill provided for in this
contract shall be in writing and shall be considered to have been duly delivered
and received when sent by registered or certified mail, addressed as provided
in Exhibit "D", unless another address has been designated, in writing, by the
party entitled to receive same.
,ate SECTION 21: $WxAbility.
The parties hereto agree that if any of the provisions of this contract
should contravene or be held invalid under the laws of the State of Texas, such
contravention or invalidity shall not invalidate the whole contract but it shall
be construed as though not containing that particular provision, and the right
and obligations of the parties shall be construed and in force accordingly,
i
SECTION 22. Entire Contract.
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This Contract shall constitute the entire understanding between the parties
hereto, superseding any and all previous understandings, oral or written,
pertaining to the subject matter contained herein. No party hereto shall have
any relief, or be entitled to rely, upon any oral representation or oral
information made or given to such party by any representative of the other party
or anyone on Its behalf,
SECTION 23: No Waiver,
The failure of a party to enforce at any time any of the provisions
of this contract or to require at any time performance by the other party of any
crt the provisions of this contract shall not be construed as a waiver of such
20
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provisions or of the right of such party thereafter to enforce each and every
provision of this contract.
SECTION 24: Venue,
Venue for any cause of action instituted by reason of the existence of this
contract shall lie in Travis County, Texas.
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be
r:xecuted in their corporate names and their corporate seals affixed, all by the
proper officer duly authorized, thereunto, as of the day and year first
hereinabove written.
CITY OF BOWIE, TEXAS
By:
(Seal) _
ATTEST:
I
Date of
By., Execution:
City Secretary
J 1
CITY OF BRYAN, TEXAS
BYs
(Seal) Mayor
ATTEST: ~
Date of
Bys_ _ Executions
City Secretary "
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CITY OF DENTON, TEXAS
By:
(Seal) Mayor
ATTEST:
Date of
By: Execution:
City Secretary }
t
CITY OF GARLAND, TEXAS
By:_ _
(Sea)) Mayor
s
ATTEST:
Date of
By. Execution:
City Secretary f
CITY OF GREENYILLE, TEXAS
j ~
By:
(Seal) Board Chairman
ATTEST:
Date of
Byi Executions
Board Secretary
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EXHIBIT W
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POINT OF DELIVERY
The Point of Delivery shall be at the Purchaser's proposed substation located I
near the intersection of Roach and Galia Streets in Bowie, Texas.
The Seller shall own, provide and install, in a space provided by the Purchaser
in the Purchaser's relay house, all necessary transmission line relaying and
metering equipment for two 138 kV lines.
Seller shall provide two 138 kV circuit breakers for physical installation by
Purchaser. Seller All provide pre-operational check and will own and maintain,
at its expense, these breakers. Purchaser shall reimburse Seller, as a r
contribution-in-aid-of construction, for the cost of one breaker. Seller will _ i
invoice Purchaser for the actual cost of this breaker after delivery to the
substation site, and Purchaser will pay this invoice within 30 days.
Seller will notify Purchaser of Seller's requirements for control and relaying
cable for transmission line relaying and metering between both breakers and
i Purchaser's Relay House within 30 days of execution of the Contract. Purchaser
will own, provide, install and maintain these cables. Seller will connect both
I ends of these cables.
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+ EXHIBIT •B`
or
Example Calculation of the Proportional Share of Firm Power
and Energy to be Provided by each Seller to Purchaser
Bryan Denton Garland Greenville
Seller's Available Capacity - MW 310 258 616 144
Seller's Native Peak Load 153 176 367 83
1.15 times Peak Load 176.0 202.4 422.0 95.4
x Difference - Numerator 134.1 55.6 194.0 48.6
Denominator - Sum of Numerators 432 432 432 432
Fraction 0.3102 0.1227 0.1488 0.1123
Purchaser's Load - 14083 KW
Obligation 4369 1812 6320 1582 -
If, for example, only Bryan, Denton and Greenville executed this Contract, then
their individual obligations would be calculated as followst
Bryan Denton Greenville
Seller's available capacity - MW 310 258 144
Seller's Native Peak Load 153 176 83
1.15 times Peak Load 176.0 202.4 95.4
s i
Difference - Numerator 134.1 66.6 46.6
Denominator - Sum of Numerators 238.3 238.3 238.3
Fraction 0.5627 0.2333 0.2039
Purchaser's load - 14083 KW
Obligation 7924 3286 2873
• The numbers appearing in this Exhibit are for illustrative purposes only
and are not intended to specify exact obligations to provide Firm Power
and Energy under this Contract. ;
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EXHIBIT "C'
1 s
RATES AND CHARGnS
Demand Charge ...............................$11.78/KW
Energy Charge 2/M W H
THE DEMAND CHARGE SHALL APPLY TO THE LARGER OF THE ACTUAL MONTHLY METERED DEMAND
~o (AS ADJUSTED BY THE POWER FACTOR ADJUSTMENT, IF NECESSARY) OR 5011 OF THE LARGEST
MONTHLY METERED DEMAND (ADJUSTED FOR POWER FACTOR) IN THE LAST ELEVEN MONTHS.
A M'1NTHLY FUEL CHARGE WILL BE MULTIPLIED BY THE METERED ENERGY. THE FUEL CHARGE
WILL BE THE AVERAGE COST OF FUEL FOR BRYAN, DENTON, GARLAND, GREENVILLE AND
f PURCHASER. THE FUEL CHARGE WILL BE CALCULATED ON AN "ESTIMATE AND CORRECT'
BASIS. -
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p r EXHIBIT "0"
1 a
r NOTICES
All notices, requests, demands, statements or bills shall be mailed to the r
following-
CITY OF BOWIEI
Attention: City Manager
304 Lindsey St. I
Bowie, Texas 76230 I
J
CITY OF BRYAN ,
Attention: City Manager
P.O. Box 1000 _
Bryan, Texas 77805
CITY OF OENTON A
Attentions City Manager I
215 E. McKinney
Denton, Texas 76201
CITY OF GARLAND I
Attention: City Manager
P.O. Box 469002
Garland, Texas 75046
I
CITY OF GREENVILLE
Attention: Director of Electric Utilities
P.O, Box 1049 j
Greenville, Texas 75401
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~14 I M4'tf~ f `S
Exhibit E 4 h
Examt,4i Catouatlan of 8e11ors' Average Cost
TMPACapaolryChwrge
i TMPACoverag%Refund $432'483,4100.00 TIi1PAt31111ngstoCltNe
(827,64713.18) TMPA Billings to Clt'se J
Pwchaed Capacity (sso I0(o)) 1
86.00
` CltY Generation Debt Serval ~l
ftan
84,176,000.00
Denton CnY Rewords
Gwtmd 11,000,000,00 CItYFlowds
Greenville $6,266,000,oo City Flooords
$1,6'36,000.00 C 41Y Flowds
` z City Generaton Operatlon 6 Maintdnanos
87
Denton N $2,000,000.00 City Records
Gmenn $1,200,000.00 City Rsoords
GrreenvI ~
oo $3,200,000.00 CI 1
lle 1Y Fieoorde
1800,000.00 City Reowds
TOTAL FIXED COST
$124,031,866.64
TMPA Energy Cost MYYh Cat
2,80,000 $3X,746,000.00 _
Purohm,ad Energy (seo 10(e)) o
` $0.00
0fto am C4@1
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f & Yam
$1I,826,260.00 City Records 1
-OW $4,200,OW.oo ft Records
Garlmd 660,000 $16,202,260.00 City Records
Greenville 60,000 $1,660 000.
, o0
CI1Y Reoade I
Eoortomy Purchases
Ugnlis i
GY Z,eoo $36,000.00 Gy Reoords
200,000 $4,0001000.00 Cly Reoorde
Eooaomy swag
llgnla (180,000) (H,096,600.00) My Pam 4
(460,000) (1000,000.00) City Reoords
TOTAL ENtnvayO TS 4,172,600 $40,604,900.00
TOTAL COST
$166,438,766.$4
AVERAGE ENERGY COST
$44.44 j
CYSTEM PEAK 00,000 MW
SYSTEM LOAD PAOTOR 46.00%
' The numben In the exhibit are for Illushath o purpope only
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Exh#bl1 F
1 Example Caloulation of Purchaser's Adjusted Average Energy Coat • 1
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2 System Average Load Factor 46.00%
a cd 3 Peak Demand 14,093 KW From Peak Month's Blli
4 Demand Billing Units 113,638 KW-MO from Billings
b Energy &Iling Units 47,270,000 XVWl from Billings
6 Demand Rate $11.76 per KW
7 Less Dist Charge $0,00 per KW 1
i 6 Equivalent Tranemislon Rate $11.76 per KW (Llns 6 minus line
8 Demand BIB at Trans I.wel 81,328,2431.42 Line 6 times Line 4
10 Actual Oil for Fuel 4 Energy $7781866.00 From 9111lngs
11 Average Cost for Fw11, Energy $0.01660 Line 10 divided by Line 6 6
12 Enargy Rsqulred to Product f
System Load Factor 68,8$0,626 Line 3 fim" Line 2 tines a760 II' J
13 Energy BIB at I
System L. F. $8$8,3+6,71 Una 11 times Lina 12
14 ToW Bill at System L F. 4318,02.13 Line g plus Llne 13
16 Adjusted Average Energy Coat $0.038$7 Line 14 divided by Une 12
{
f ' The numbers in thle Exfilbit we for Illustrative purposes only
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EXCERPT 7
a MINUTES OF PUBLIC UTiLITIES BOARD
November 14, 1990
6. CONSIDER CONTRACT TO SELL POWER AND ENERGY TO THE CITY OF 1
BOWIE.
Nelson introduced this item advising that the City of Bowie
has requested purchase of power and energy from TMPA
beginning January 1, 1992. The proposal that was sent to
Bowie is almost identical to the one with College Station
and Farmersville. Bowie has a pock load of 14,000 KW; rates
will be 11.78/KW/Mo. Negotiations are underway with the
four cities on how the cities will amortize, either over
five years or over the life of the contract. The latter
would give a little more profit margin every year.
It is anticipated that revenues will be $150- $280,000 per
year.
This contract will give Bowie an opportunity to participate
in another joint entity created by one or more of the TMPA
Cities or to become a member of TMPA.
' Thompson asked about the administration of the contract.
Nelson explained that Brazos has always handled the
disbursement of charges; however, this contract has not been
finalized yet.
Nelson further advised that the cities of Garland and Bryan
have already approved this sale. Ridens asked how many
cities can come on in this manner. Harrell advised there is
a breakpoint where it becomes not to our advantage to
continue to sell. Ridene asked what happens if one city
disagrees to the sale. Nelson stated that only ono city has
to agree, then they will receive a greater share of
revenues. If all cities agree, the rest of the cities got a
1 larger percentage.
1 y After further discussion, Laney recommended to the City
Council approval of subject contract. Second by Ridens.
All ayes, no nays, motion carried.
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CITY
COUNCIL
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- - - - - - - - - - - - - - -
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A s.
MEMORANDUM
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JOELLA ORR, LIBRARY DIRECTOR
SUBJ1 RESOLUTION APPROVING CONTRACT FOR LIBRARY SERVICES BETWEEN CITY AND
COUNTY OF DENTON
DATE: November 15, 1990
I
Attached is a resolution requesting approval for the annual renewal of a
i i
contract for library services between the City and County of Denton,
After your approval, Mr. Harrell's signature is required on the contract, 1
Thank you.
~C..~IeJ (,Sffr
JOE ORR
JO:ie
Attachment
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RESOLUTION NO.
PROVI ION EOF
THEES CITY IOF ADENTON UTING HORIZAND TC UNTYOOF DENTONT FOR THAGREEMENT
LIBRARY SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION _I. That the Mayor is authorized to execute an
agreement between the City of Denton and the County of Denton for
the provision ct library services under the terms and conditions
contained in the agreement attached hereto.
SECTION- I.L. That this resolution shall become effective
j immediately upon its passage and approval.
PASSED AND APPROVED this the day of , 1990.
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
i
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY: -
MJI. MY j
■`i 'fir
~ STATE OF TEXAS, )
~IGI~AI"
F )ss.
COUNTY OF DENTON. )
INTERLOCAL COOPERATION AGREEMENT FOR LIBRARY SERVICES
THIS AGREEMENT is made and entered into this day of
, 1990, by and between DENTON COUNTY, a polit-
ical subdivision of Texas, hereinafter referred to as "County,"
and the CITY OF DENTON, a municipality of Denton County, Texas,
hereinafter referred to as "Municipality."
WHEREAS, County is a duly organized political subdivision of
the state of Texas engaged in the administration of county gov-
ernment and related services for the benefit of the citizens of
{ Denton County; and
WHEREAS, Municipality is a duly organized municipality of
Denton County, Texas engaged in the provision of library service
and related services for the benefit of the citizens of Denton
County, Texas; and
WHEREAS, County and Municipality desire to j
improve the 1
efficiency and effectiveness of local governments by authorizing
the fullest possible range of intergovernmental contracting
authority at the local level for all or part of the functions and
services of police protection and detention services; fire pro-
tection; streets, roads and drainage; public health and welfare)
parks; recreat.on; library services; museum services; waste
disposal; planning; engineering; and administrative functions
such as tax assessment and collection, personnel services, pur-
chasing, data processing, warehousing, equipment repair and
printing; and
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WHEREAS, County and Municipality mutually desire to be
I1 subject to the provisions of TEX. REV. CIV. STAT. Art. 4413
(32c) (Vernon Supp.), the Interlocal Cooperation Act;
I NOW, THEREFORE, County and Municipality, for the mutual
consideration hareirAfter stated, agree and understand as
aS~ follows:
I I.
The effective date of this agreement shall be the 1st day
I
of October, 1990.
Ii.
The initial term of this agreement shall be for the period i
1
from October 1, 1990 through September 301 1991. 1
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III.
For the purposes and consideration herein stated and
j contemplated, County shall provide the following necessary and
appropriate services for the residents of Municipality to the
maximum extent authorized by this agreement without regard to
race, religion, color, age and/or national origins to-wit:
4
Library services and other related services for the
benefit and to serve the public conveniences and necessity
of the citizens of Denton County, Texas.
IV.
During the term of this contract, upon proper presen-
tation of proof by individual(s) of residence in Denton County,
I Texas, such individual(s) shall be entitled to be issued,
w
Virgo
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at no cost, a library card to be used in connection with said
l
library services.
V.
County shall designate the County Judge to act on behalf of
County and serve as liaison officer for County with and between
County and Municipality. The County Judge or his designated
substitute shall insure the performance of all duties and obliga-
tions of County herein stated and shall devote sufficient time
and attention to the execution of said duties on behalf of County
in full compliance with the terms and conditions of this agree-
ment, and shall provide immediate and direct supervision of
County's employees, agents, contractors, sub-contractors, and/or
i
laborers, if any, in the furtherance of the purposes, terms and {
conditions of this agreement for the mutual benefit of County and
Municipality.
r VI. i
Municipality shall designate Lloyd V. Harrell
to act on behalf of Municipality and to serve as liaison officer
of Municipality with and between Municipality and County to
` insure the performance of all duties and obligations of Munici-
J pality as 'herein stated and shall devote sufficient time and
attention to the execution of said duties on behalf of Municipal-
ity in full compliance with the terms and conditions of this
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s)9er 1
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agreement, and, shall provide immediate and direct su
s t perrisicn of
Municipality's employees, agents, contractorb, sub-contractors,
and/or laborers, if any, in the furtherance of the purposes,
terms and conditions of this agreement for the mutual benefit of
Municipality and County.
VII.
The Municipality shall be solely responsible for all tech-
niques, sequences, procedures, and means and for the coordination
of all work performed under the terms and conditions of this
agreement, shall insure, dedicate and devote the full time and
attention of those employees necessary for the proper execution
j and completion of the duties and obligations of the Municipality
stated in this agreement and give all attention necessary for
such proper superdision and direction.
VIII.
County agrees to and accepts full responsibility for the
acts, negligence and/or omissions of all. County's employees,
agents, sub-contractors, and/or contract laborers and for those
of all other persons doing work under a contract or agreement
t with the County.
IX.
The Municipality agrees and accepts full responsibility for
the acts, negligence, and/or omissions of all the Municipality's
employees, agents, sub-contracts, and/or contract laborers, and
for those of all other persons doing work under a contract or
agreement with said Municipality.
-
YfAW'
III
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b This agreement is not intended to extend the liability of
the parties beyond that provided by law. Neither Municipality
nor County waives any immunity or defense that would otherwise be
available to it against claims by third parties.
XI.
Municipality understands and agrees that the Municipalityp
its employeest servantse agents and representatives shall at no
time represent themselves to be employees, servants, agents
and/or representatives of County.
XII.
County understands and agrees that County, its employees,
servants, agents and representatives shall at no time represent f
themselves to be employees, servants, agents, and/or representa-
tives of Municipality.
XIII. ~
The address of County Is:
County Judge
Denton County
Courthouse-on-the-square
Denton! Texas 76201
Telephone: 817-383-0298
The address of Municipality iss
City of Denton
215 East McKinney
Denton! Texas 76201
Attentions Lloyd V. Harrell
Telephones 817-566-8200
M
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For the services hereinalove stated, County agrees to pay
Municipality forp the full performance of this agreement, $1.20
per capita of 89,572 or the sum of ONE HUNDRED SEVEN THOUSAND
FOUR HUNDRED EIGHTY SIX DOLLARS ($107,486) to be paid in equal
quarterly installments of TWENTY SIX THOUSAND EIGHT HUNDRED
SEVENTY ONE AND 50/100 DOLLARS (526,871.50) commencing October 1,
1990. In addition, County agrees to pay Municipality SEVEN
THOUSAND SIX HUNDRED NINE DOLLARS ($7,609) in matching funds upon
the Denton County Auditor's receipt of proof from the Municipali-
ty that revenue from sources other than Denton County has been
received and that this information shall be provided each quarter
to County and will be matched in full each quarter until such
time that the $7609 has been paid. County understands and agrees
that payment by County to Municipality shall be made in accord-
ance with the normal and customary processes and business proce-
dures of County.
XV.
This agreement may be terminated at any time, ley either
party giving sixty (60) days' advance written notice to the other
party. In the event of such termination by either party, Munici-
pality shall be compensated pro rata for all services performed
-to termination date, togethmr with reimbursable expenses then due
and as authorized by this agreement. In the event of such termi-
nation, should Municipality be overcompensated on a pro rata
basis for all services performed to termination date or be over-
compensated for reimbursable expenses as authorized by this
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E. r agreement, then County shall be reimbursed pro rata for all such
overcompensation. Acceptance of such reimbursement shall not
constitute a waiver of any claim that may otherwise arise out of
this agreement.
XVI.
This agreement represents the entire and integrated agree-
ment between Municipality and county and supersedes all prior
negotiations, representations and/or agreements, either written
or oral. 't'his agreement may be amended only by written instru-
ment signed by both Municipality and County.
XVII.
i
The validity of this agreement and any of its terms or
provisions, as well as the rights and duties of the parties
hereto, shall be governed by the laws of the State of Texas.
Further, this agreement shall be performable and all compensation
payable in Denton County, Texas.
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XVIII.
In the event that any portion of this agreement shall be
found to be contrary to law, it is the intent of the parties
hereto that the remaining portions shall remain valid and in full
force and effect to the extent possible.
XIX.
The undersigned officers and/or agents of the parties hereto
are the properly authorised officials and have the necessary
authority to execute this agreement on behalf of the
parties
hereto and each party hereby certifies to the other that any
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necessary resolutions extending said authority have been duly
{ passed and are now in full force and effect.
Executed in duplicate originals in Denton County, Texas, the
day and year hereinabove written.
COUNTY MUNICIPALITY
ors
By _ By
COUNTY JUDGE Name: Bob (',gg,tlpprr^
Titles Mayes
Acting on behalf of and by the Acting on behalf of and
authority of the Commissioners by the authority of the
Court of Denton County, Texas Municipality
I ATTEST:
By
Denton County Clerk
APPROVED AS 'TO FORM AND CONTERTs
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,I Attirney or Denton County `
STATE OF TEXAS, }
COUNTY OF DENTON. )ss.
BEFORE ME, the undersigned authority, on this date
personally appeared Honorable
Denton County Judge, known to me to be t e person whose name s
subscribed to the foregoing instrument and acknowledged to me
that he executed the foregoing Interlocal Cooperation Agreement
for the purposes and consideration therein expressed, in the
capacity stated, and as the act and deed of said County.
rah GIVEN under my hand and seal of office this day
of 19_.
Notary Publ c for Texas
Commission expire:
i
STATE OF TEXAS; 0 )
COUNTY OF DENTON. )Ss.
BEFORE ME, the undersigned authority, on this date
personally appeared , known to me to be they
person whose nAne is s scr d to hregoing instrument and
acknowledged to me that (he) (she) executed the foregoing Inter-
local Cooperation Agreement for the purposes and consideration
therein expressed and in the capacity therein stated and as the
act and deed of said ,
GIVEN under my hand and seal of office this _ day
of 19
Notary Public or Texas
commission expires:
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RESOLUTION NO.
A RESOLUTION APPOINTING MEMBERS TO THE NORTH TEXAS HIGHER EDUCATION ~
AUTHORITY) AND DECLARING AN EFFECTIVE DATE. 4
WHEREAS, the term of office for Places 6, 8 and 9 on the Board I
of Directors of the North Texas Higher Education Authority, Inc.,
having expired; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES:
That . Ja is to
Place 2~onN the Boardr of Governor
Directorsckofn thehereb
yo th rTexasi Higher
Education Authority, Inc. for a term commencing October 1, 1990 and
continuing through September 30, 1992
S~4CTION II. That Ms. Neta Stallings is hereby a
Place 4 on the Board of Directors of the North Texasin Higher j
Education Authority, Inc. commencing October 1, 1990 and continuing
through September 30, 1992.
SECTIO III. That this resolution shall become effective from
j and after its date of passage.
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PASSED AND APPROVED this the day of
1990. ,
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BOB CASTLEBERRY, MAY012
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TU LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
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