HomeMy WebLinkAbout12-11-1990
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AGFNDA
Cl`iY OF DENTON CITY COUNCIL
December 11, 1990
Work Session of the City of Denton City Council on Tuesday.
December 1.1, 1990, at 5:15 p.m. In the Civil De!ense Room of
City Hall, 215 E. McKinney, Denton, Texas at which the
following items will be considered:
Note: Any item listed on the Agenda for the Work session may
- also be considered as part of the Agenda for the
Regular Meeting.
5:15 p.m.
1. Executive Session:
A. Legal Matters Under sec. 2(e), Art. 6252-17
V.A.T.S.
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1. Consider action in County vs, City.
2. Consider legal advice from the City Attorney
regarding City Charter prohibition of
' conflict of interest.
B. Real Estate Under Sec. 2(f), Art. 6252-17
V.A.T.S.
f C. Pereonnel/Board Ep pointments Under Sec. 2(g),
Art 6252-17 V.A.T.S.
1. Consider appointments to the Zoning Task
Force, the Sign Board of Appeals, the Animal
Control Advisory Committee and the Historic
Landmark Commission.
2. Hold a discussion and consider giving staff direction
regarding the establishment of a standing
Beautification Commission.
j 3. Receive a report and hold a discussion regarding the
j Employee Personal Computer Purchase Policy.
4. Hold a discussion and set a date for a mid-year review
session regarding the Citylo Mission Statement and
Work Plan.
Hold a discussion regarding a possible joint briefing
5.
session by the Denton Independent School District and
the City for potential candidates for City Council and
School Board of Trustees.
Regular Meeting of the City of Denton City Council on Tuesday,
December 11, 1990, at 7:00 p.m. in the Council Chambers of City
Hall, 215 E. McKinney, Denton, Texas at which the following
items will be considered:
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City of Denton City Council Agenda
December 11, 1990
y Page 2
7:00 p.m.
1. Pledge of Allegiance
2, Consider approval of the minutes of the Regular
Sessions of November 6 and 20, 1990 and the Special
Call Meeting of November 30, 1990.
3, Receive an update from Ray Stephens and Tom Harpool
regarding TMPA matters.
4. Receive a citizen report from Joe Dodd regarding the
Cable Subscriber's Bill of Rights.
5, Consent Agenda
Each of these items is recommended by the Staff and
approval thereof will be Approval strictly on
auth rizestthe
the ConsenteAg basts
recommendations. Ap App
Staff r com endationaplement each item in
City
with or
accordance Manager
Listed below are bids and purchase orders to be
approved for payment underinfhe Oronna ieo atsection of the
tached to the
ormati
agenda. Detailed back-up This listing attached
provided
ordinances (Agenda items 6.A, 6.B).
on the Consent Agenda t allow o Council Members to discuss any
item prior to approval of the
A. Bids and Purchase Orders:
1. Bid, 01174 - Refuse Bags
2, Bid 01177 - Fite Department Uniforms
3. Bid 01173 - Evers Park Backstop
6, Ordinances
A, Consider adoption of ar ordinance accepting
competitive bids and providing for the award of
epurchas cvicese of materials,
contracts for the
equipment, supplies e
B. Consider adoption of an ordinance accepting
competitive bids and providing for the award of
contracts for public works or improvements.
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December 11, 1990
Page 3
C. Consider adoption of an ordinance authorizing and
allowing under the act governing the Texas
Municipal Retirement System, "Updated Service
Credits" in said system for service performed by
qualifying members of such system who presently
are in the employment of the City of Denton and
s; providing for increased prior and current service
annuities for retirees and beneficiaries of
deceased retirees of the city.
D. Consider adoption of an ordinance approving the
1990 tax rolls.
7. Resolutions
A. Consider approval of a resolution postponing the
regular Council meeting of January 1, 1991 to
January 8, 1991.
B. Consider approval of a resolution adopting the
Injury Benefit Policy for the City of Denton.
C. Consider approval of a resolution adopting the
Confined Space F,ntry Policy. ;
D. Consider approval of a resolution rescinding
Policy Number 102.09, Fingerprinting. #
F. Consider approval of a resolution of the Denton
County FM2499 Task Force requesting consideration
tj the State Department of Highways and Public
Transportation, to authorize construction and
dedicate funds for an interchange on
Farm-to-Market Highway 24iv.
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q. Consider approval of a resolution consenting to
the formation of Denton County Emergency Service
District N1 and its boundaries.
8. Consider instituting annexation proceedings and adopt
an ordinance with regards to the annexation of 1367.12
acres of land located north of Crawford Road at the
intersection of Allred Road and the 135W (A-59).
Planning and Zoning Commission recommends adoption.)
9. Consider appointments to the Zoning Task Force.
1.0. Miscellaneous matters from the City Manager.
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City of Denton City Council Agenda
December 11, 1990
Page 4
11. Official Action on Executive Session Items:
A. Legal Matters
B. Real Rotate
C. Personnel
j D. Board Appointments
12. New Business:
:-'his item provides a section for Colincil Me-abers to
suggest items for future agendas.
13. Executive Session:
A, Legal Mdtturu Under Boo. 2(e)," Ai-t. 6252-17
V.A.T.S.
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B. Real Estate Under Sec. 2(f), Art. 6252-17
V.A.T.S.
0. Personnel/Board Appointments Under Sec. 2(g),
Art 6252-17 V.A.T.S.
{ NOTE: THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO i
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 wee posted on the
bulletin board at the City Hall of th9e0 City of Denton, o'Texas
clock
on the day of s
(a.m.) (P.m.) 3
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CITY of DENTON, TEXAS 215E. McK1NNEY / DENTON, TEXAS 762011 TELEPHONE (817) 568.8200
M E 111 O R A N D U M
Tor Jennifer Walters, City Secretary
FROMr Nonte Malo-Kull. EHSM
DATE: December 6, 1990
i
SUM Animal Control Advisory Committee
[Sue to the passage of House Bill 2379 which became eff?r_tive ~
September 1, 1989, the City of Denton passed an amendment to
the Animal Control ordinance which created en Animal Shelter
Advisory Committee. The terms of two of the members on this
con,mIttee have now expired. these two members mt+3t be
reipumint.ed or ti-10 new members selected 0, fill the ti.trrNnt
vacancies The termn of the new appointees will run through j
June S0. 1992.
The two members who's terms have expired include Jesun Nava ~
(city official) and Mike Widmer (private citizen). Each mPmbAr, of
the committee must be selected from a specific group in the
community. 1 have attached a copy of the original Amendment 11
No. 8Y-115 for your reference.
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AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SECTION 4-5 OF
THE CODE OF ORDINANCES; ESTABLISHING THE ANIMAL SHELTER ADVISORY
COMMITTEE; PRESCRIBING THE DUTIES THEREFOR; PRESCRIBING
QUALIFICATIONS AND TERMS OF OFFICE; RENUMBERING THE REMAINING
SECTIONS OF ARTICLE I OF CHAPTER 4 OF THE CODE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the' 71st Legislature of the State of Texas enacted
H.B.2379 which became effective September 1, 1989, and amends
Article 4477-6b, V.T,C.S, to require the governing body to appoint
an advisory committee to assist in complying with the requirements
of the Arimal Shelter Act; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DENTON:
SECTION I. That Section 4-5 and 4-6 of Code of ordinances are
hereby amended to read as follows:
Section 4-5. Animal Shelter Advisory
Committee - creation.
(a) There is hereby established and created the
Animal Shelter Advisory committee to be
composed of five (5) members, who shall meet
the following qualificationsi
(1) one licensed veterinarian;
(2) one city official; i
(3) one person whose duties include the
daily operation of an animal shelter;
(4) one representative of an animal
welfare organizationt and
(5) one person who is not Involved by
occupation or membership in any of
the above categories.
(b) Each member shall serve a term of office of two
years from the date of his appointment provided
that when the original committee is appointed,
two (2) members shall be appointed to serve a
term expiring on June 30, 1990, and three (3)
members shall be appointed to sorve a term to
expire on June 30, 1991, to be determined by
drawing of lots at the initial meeting.
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Section 4-6. Purpose,
(a) It shall be the purpose of the Committee to
assist the City in complying with the
requirements of the Animal Shelter Act, Article
4477-6b, V.T.C.S., as amended and to make
recommendations to the City Council regarding
methods and procedures necessary„ to ensure
compliance with the Act.
(b) The Committee shall meet at least three times
each year.
SECTION II, That the existing Sections 4-5 through 4-34 be
renumbered respectively, Sections 4-7 through 4-36.
SECTION III. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the 4' day of Q( 1989.
RAY ST H^NS, YOR I
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ATTESTS
JENNIF WALTERS, CIT SEC ETAR j
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APPROVED AS TO LEGAL FORMt j
{ DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BYt LOU)
9/6/89
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CITY COUNCIL REPORT FORMAT
TOs Mayor and Members of the city council
FROM: Lloyd V. Harrell, City Manager
SUBJECTS Adoption of an ordinance providing for the reorganization of the
Beautification Task Force a.k.a. Denton Beautification Commission
Tr1'
RECOMMENDATIONi
The Beautification Commission recommends the establishment of a
standing commission appointed by the City Council.
SUMMARY1
After lengthy evaluation, the Commission has developed a plan to
reorganize the Beautification Commission. The organization is
operating under the 1987 Council adopted resolution. The Commission
is interested in formalizing their relation with the Council by
becoming a standing commission established by ordinance. The
members have expressed an interest in continuing to volunteer to
beautify Denton and implement the litter reduction and recycling
programs of Koep America Beautiful.
The recommendation is for the establishment of a twenty member
commission appointed by the City Councils Each Commissioner would
serve for a two year term. The Commission would serve as an
advisory board to the City Council on matters related to
beautification, litter prevention, recycling, .lean-ups, and other
environmental issues. The organization would work to solicit funds
from citizens, businesses, corporations, grants, etc, in order to
fund landscape projects and programs.
BACKGROUNDI
The City Council appointed a Blue Ribbon Citizen's Task Force for
Beautification on January 61 1987, fhe charge to the twenty member
group was to identify entranceways, to review efforts and make
recommndation on ways to improve the entrances to the City, and to
make recommendations on sign and zoning regvixtions, code
enforcement, landscaping, and planting requirements. A copy of the
resolution is attached.
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The Task Force presented its recommendation for action to City
council on October 20, 1987. One of the recommendation made by the
Task Force was to establish an an on-going committee. On May 3,
1988, the City Council requested that Jeans Morrison, Mabel
Devereaux, Betty Shaw, Jim Fender, Mike Cochran, Sam Marino, John
Cooper, and Bonnie Taylor continue to serve on the Task Force.
On March 21, 1989 the Beautification Task Force requested that
Council approve an application for Denton to become a certified city
in the Keep America Beautiful eye:em. Denton was accepted as
certified city in May 1999, As a certified city, Denton receives
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Page 2
training and materials to he1P expand its beautification program
including information ura litter prevention, solid waste management,
and recycling. In order to comply with requirements to become a
part of Keep America Beautiful, committees and members were added to
the Task Force.
Mayor Stephens and Ms. Morrison sent letters to citizens asking them
to serve on the newly reorganized Commission. the first meeting of
the new group was on June 5, 1989. Other citizens have been added
to serve on standing committees of the Commission, but those
committee appointments are made by the chair of each committee. The
committees currently include Business/Industry, Community
Organizations, municipal operations, Communications, Education,
Membership, and Special Projects (Clean-up).
Since June 19890 the Commission has held three city-wide clean-ups
with over 1,500 citizens participating, organized an Each Day
celebration with approximately 5,000 attending, provided copies of
the Waste in Place curriculum to every kindergarten through six
grade teacher in the Denton Independent School District, became a
certified city In Keep America Beautiful, received the Governor's
Community Achievement Award for 1989-900 organized a volunteer base
group, Clean Denton ,society, completed two landscape projects (the
Rita Clements Garden on the Courthouse lawn and a site at the
Intersection of Eagle and Carroll), and planted trees on every DIED
school campus. Volunteers have donated thousands of hours to
clean-up efforts, and numerous businesses have donated products,
Services, or funds to implement the program.
PROGRAMS. DEPARTMENTS OR GROUPS AFFECrEDt
Enforcement and Beautification Division, members of the
Beautification Commission, Clean Denton Soci9ty, citizens of Denton
FISCAL IMPACT!
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1 An impact has not been detarmined at this time. The organization
receives funding from the drop-off recycling program and from
contributions.
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Res fully au r,Atteds
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Prepared byi C Lloyd V. Harrell
ei I CA (M as,, City Manager
Cecile Carson
Administrative Analyst
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RESOLUTION NO.xj~
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON CREATING
A SLUE RIBBON CITIZEN'S TASk FORCE FOR BEAUTIFICATION OF NAJOR
CITY ENTRANCES AND OTHER CITY BEAUTIFICATION EFFORTS; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton is desirous
of creating a Blue Ribbon Cittien's Task force for the +eautifi-
cation of •Major Entrances into the city and other city
beautification efforts; and
WHEREM the 'Bask force shall have the authorityy to review
efforts and proposals by various groups within the City to
improve the major entrances to the city; and
WHEREAS, the Task force shall identify the major entrances
to the City, review what other cities have done and make
recoamendations on otops that the Council eight take to promote
these entrances; and
WHEREAS, the Task Force shall make recommendations to the
city Council, including :onin and sign regulations, code
enforcement activities, coorltnated landscaping, planting
requirements, set-back requireaents, and view obstruction
aspects; and
WHEREAS, the Task Force shall become effective immediately
upon appoinrmenr by the City Council, and serve in said capacity
until all guidelines for major entrances into the City and other
THEREFORE beautification efforts have been established= NOM$
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS:
SECTION 1. 1
That various individuals will be appointed by resolution to
constitute the "Blue Ribbon Ciri:en's task Force fat Beautifi-
Cation": l
SECTION
That the Task Force shall have the authority to review
efforts and proposals by various groups within the City ro
improve the major entrances to the Ciey and other beautification 1
efforts; Identify the mayor entrances to the City, review what
other cities have done and make recommendations on steps that J
the Council might take ro promote those ontrances; make cocoa-
mendations to the City Council, including zoning and sign
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reEulations, code enforceoent activities, coordinated land•
scapinl, plantin: requireaents, see-back requirements, and view
obstruction aspects.
SECTION 111.
That this resolution shall becose effective luediately upon
its passage and approval.
PASSED AND APPROVED this the day of
i 1917.
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CITY DINTON, TEXAS
ATTEST.
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MrT
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DRAAA ADAM DRAYOVITCN, CITY ATTORNEY
CITY OF DENTON, TEXAS
91 '
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CITY of Dt11TONp TEXAS 215 E. McKINNEYI DENTON, TEXAS 762011 TELEPHONE (8171586.8200
MEMORANDUM
DATE: December 7, 1990
TO: Lloyd V. Harrell, City Manager
FROM: John F. McGrane, Executive Director of Finance
SUBJECT: EMPLOYEE PERSONAL COMPUTER PURCHASING POLICY
The use of personal computers in the work environment has
enabled employees to become more productive and efficient in
their daily tasks, However, limited hours, coupled with the
need to accomplish daily projects does not allow much time for
additional training or experimentation with the City equipment.
In order to encourage employees to expand their use and
knowledge of personal computer technology, a draft "Employee
Personal Computer Purchasing Policy" has been written. This {
policy will allow employees to try to take advantage to purchase
at the same cost the city may receive on its annual bid for
I equipment, It is hoped that with the ability to utilize
compatible equipment in their spare time, employees would be
i able to become more knowledgable and proficient in the use of
I the equipment.
f! As I have indicated to you prior, there are some cities in the
1 metroplex area that have recently enacted similar policies. In
contacting those cities, their programs are essentially new ones
and it has been too early to evaluate the success of the
program. Although Plano and Euless have indicated, up to this i
point in time, to the best of their knowledge there have been no
abuses with the policy.
If you need any additional information, or have any further j
questions, please advise.
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MYO/DENrON, rEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 686.8307
Office of the City Manager
M E M O R A N D U M
troll; f TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
DATE: December 6, 1990
SUBJECT: Potential Dates to Discuss the Proposed City Mission
Statement and Work Plan
Approximately a month ago when I presented the proposed City
Council Mission Statement and Work Plan to the Council, a
desire was eypressed to spend some extended time on this topic
at a mid year planning session. It was suggested that this
planning session be held some time after the first of the year,
At our meeting Tuesday, I would like to finalize a date and
time for this session. In looking at the material to be
covered, it appears that such could be done effectively with a
one half day workshop. With that in mind, I have listed the
Friday afternoons and Saturday mornings available in January {
for such an event. Other dates and times are possible provided
that we can find a three or four hour block of time for this
purpose,
MID YEAR PLANNING SESSION
TENTATIVE DATES
Friday January 4, 1991
Saturday January 5, 1991 {
Friday January 11, 1991
Saturday January 12, 1991
Friday January 18, 1991 t
Saturday January 19, 1991
Friday January 25, 1991
Saturday January 26, 1991
I look forward to finalizing a title for this event at our
meeting uesday evening.
Lloyd Harrell
City Manager 1
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CITY of DENTON, TEXAa MUNICIPAL BUILDINO / DENTON, TEXAS 76201 /TELEPHONE (817) 508.8307
Office of the City Manager
M E M O R A N D U M
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TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
DATE: December 6, 1990
SUBJECT: Possible Orientation Session for Potential
` Candidates for the School Board and City Council
A number of months ago, Carolyn Coward, acting in her capacity
as Board Member for the Denton Independent School District,
approached me about the possibility of the City and School
District jointly sponsoring an orientations session for
potential candidates for the School Board and the City
Council. It was her feeling that such a session could provide
information about public service and answer questions which
individuals may have about School Board or Council service.
She felt that if this was done in January
better idea of what :o expect from one of Vie offices, andeit
might encourage more people to run for public office.
I have visited with the Mayor concerning this idea, and he
suggested that it be placed on a Council work session to obtain
your feedback.
If the Council decides to pursue this idea, I would suggest
that a member be appointed to liaison with Ms. Coward in
organizing the event. In order to work most effectively, it ;
would be helpful if a retired School Board member and a retired
member from the Council were the individuals who actually ran
the orientation session and provided responses to questions
generated by potential candidates.
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I would appreciate receiving your feedback concerning this idea
so that such can be communicated to Ms. Coward.
(The y for your assistance.
i
Lloyd V. Harrell
City Manager
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` CITY OF DENTON CITY COUNCIL MINUTES
NOVEMBER 61 1990
Tae Council convened into the Work Session at 4:00 p.m.
Cavil Defense Room. in the
PRESENT: Mayor Castleberry; Mayor Pro Tem Boyd; Council
Members Ayer, Hop..ins and Trent.
ABSENT: Council Members Alexander and Gorton
1. Introduction of and comments from Ken Burdick, the new
Economic Development Director of the Denton Area Chamber of
Commerce.
The Mayor Introduced Ken Burdick, Economic Development Director
of the Denton Area Chamber of Commerce.
Mr. Burdick stated that he was looking forward to working with
the City of Denton and with the Denton City Council.
2. The Council received and discussed an overview of the
proposed storm water utility.
Bob Nelson, Executive Director for Utilities, stated that storm
water management was changing rapidly. Previous concerns had
been with a quantity issue with current concerns gearing
towards the quality of storm water as well as quantity.
Historically, drainage system construction, operation and
maintenance had been funded by ad valorem property taxes. A
concern was an equitable way to pay for the present storm water
quantity function plus the future storm water quality aspects.
In 1989, the Legislature amended the Local Government Code to
allow cities to establish drainage utilities. The legislation
was designed to allow establishment of a utility user fee that
could be charged to each
property owner in proportion to that
property's contribution to the cost of constructing, operating
and maintaining a storm water a.,_tem, including water quality
monitoring and treatment, if required. Properties with more
run off area such as parking lots, etc. would pay a greater ~II
share than properties with more open space. The Public I
Utilities Board had reviewed the issue and felt that there were
sufficient issues relating to equity and future regulatory
issues to warrant further study. They were recommending a two i
phaseommuniatpproach
advisory i committee Included (1)
to study appointing issues a and road based
from the many different affected interests in the commet inp unity Jt
this committee would be charged with advising the Board and the
Council on whether the present and future storm water issues
warrant the establishment of a Storm Water Utility; (2) if the
theyrmwouldr dvisety the Advisory
Band and Committee Council conm how dtooimplement
such a utility.
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City of Denton City Council Minutes
November 60 1990
Page 2
Lloyd Harrell, City Manager, stated that the reasons for the
committee included (1) an equity question on how to assess for
storm water treatment and collection purposes on an equal
basis, (2) in a community like Denton, it became more important
as there were institutions which contributed storm water to the
system and did not pay any costs for that contribution, (3) it
` would be a way to spLead the financial burden from quantity
storm water to quality storm water to a broader spectrum in the
me community,
Mayor Pro Tem Boyd stated that certain uses of land produced a
lower quality of run-off and this would be a way to look at
that issue as well.
Nelson reviewed the policies and issues that the committee
would deal with. The volume and quality issues would be
included.
Council Member Trent suggested the committee take a long look
at the issues and come up with good guidelines on how to detail i
the regulations.
Nelson replied that the committee would first address the
equity issues,
Council Member Gorton joined the meeting.
Council continued with a discussion regarding equity of charges i
for quality and quantity of run-off.
Council Member Ayer suggested a smaller committee than one of
twenty members. The proposed schedule of meetings would not be
adequate for dealing with the problem.
Council Member Hopkins asked how this would be different from
an impact fee and would it be retroactive to current pvoperties.
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Nelson replied that an impact fee was charged for each new
customer coming on the system. This would be a monthly charge
which would be charged to all customers in the City of Denton.
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Discussion was held regarding the time frame for the
committee's work.
Consensus of the Council was to move ahead with the committee.
Council approval of the members for the committee would be
scheduled for a meeting in December with committee meetings to
begin in January.
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i November 6, 1990
Page 3
f 3. The Council considered a nomination to the Denton
Central Appraisal Review Board.
4 Council Member Ayer felt that more information was needed
regarding whici, term was up for reappointment.
Consensus of the Council was to place the item on tbo November
20 agenda with sufficient back-up to determine which term was
up for reappointment and who was eligible for reappointment.
4. The Council convened into the Executive Session to
discuss legal matters (considered action in Count v. Cit
real estate, and personnel/board appointments cont Rued
evaluations of the City Attorney and Municipal Judge).
The Council than convened into the Regular Session at 5:15 p.m.
in the Council Chambers.
PRESENT: Mayor Castleberry; Mayor Pro Tem Boyd; Council
Members Ayer, Gorton, Hopkins and Trent.
ABSENT: Council Member Alexander +
1. Pledge of Allegiance
The Council and audience recited the Pledge of Allegiance.
Sigma Chi Fraternity presented the Denton Independent School
District a check from the proceeds of their 'Kids Month"
activities.
2. The Council considered approval of the minutes of the
regular sessions of September 41 1990, September 18, 1990,
October 20 1990 and October 16, 1990 and the special call
sessions of August 28, 19900 September 11, 1990, and September
19, 1990.
Ayer motioned, Hopkins seconded to approve the minutes as
presented, Motion carried with a 5-0 vote with mayor Pro Tem
Boyd abstaining as he was not present for all of the meetings.
3. Public Hearings.
A. The Council held a public hearing on the proposed
annexation of 1367.12 acres located north of Crawford Road at
the intersection of Allred Road and I35W (A-59) (The Planning
and Zoning Commission recommended approval.)
Lloyd Harrell, City Manager, stated that this was the first of
two public hearing on the proposed annexation. A detailed
staff presentation had been presented at an earlier meeting.
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I Council Member Gorton asked if the area had been checked to be
sure there were no tire dumps or similar areas in the proposed
annexation area.
M Frank Robbins, Executive Director for Planning, stated that
there were no such areas in the proposed annexation.
The mayor opened the public hearing. +
y Ron White, Perot Group, stated that as applicant of 920 acres
of the proposed annexation, he was in favor of the annexation.
The intent was to run a parallel path of annexation and zoning
so that the property would be marketable as soon as possible.
Mike Reynolds, Henry S. Miller, stated that 420 acres of their
property were included in the proposed annexation. He
requested the Council favorable consider the annexation.
No one spoke in opposition,
The Mayor closed the public hearing.
B. The Council held a public hearing and considered
adoption of an ordinance amending the provisions applicable to
Planned Development No. 108 located on the east side of Carroll
Boulevard between Prairie and Highland streets, to allow for
signs in accordance with Article 17, Appendix B, Zoning
ordinance. (The Planning and Zoning Commission recommended
approval.)
Karen Feshari, Urban Planner, stated that the property was
located on Carroll Blvd. between Highland and Prairie Street.
The Planning and Zoning Commission recommended approval.
The Mayor opened the public hearing.
Dale Irwin, petitioner, stated that when the property vas
platted, there were no zoning restrictions. Now the zoning
restrictions would not allow signs that others with similar
situations were allowed. The amendment would allow all types
of signs provided they were in conformance with Art. 17 'Sign
Regulations'.
No one spoke in opposition.
The Mayor closed the public hearing.
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The following ordinance was considered:
NO. 90-170
i
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING
I THE PROVISIONS APPLICABLE TO PLANNED DEVELOPMFNT
DISTRICT NO, 108: PROVIDING FOR A PENALTY IN rHE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF]
AND PROVIDING tOR AN EFFECTIVE DATE.
Hopkins motioned, Trent se:anded to adopt the ordinance.
i Mayor Pro Tem Boyd asked if this amendment would apply only to
i this one property.
Feshari replied yes.
The Council voted on the motion. On roll vote, Trent "aye,"
Hopkins "aye," Gorton "aye,' Ayer "aye," Boyd 'aye," and Mayor
Castleberry "aye.' Motion carried unanimously.
4. Consent Agenda
Gorton motioned, Eopkins seconded to approve the Consent Agenda
as presented. Motion carried unanimously.
A. Bids and Purchase orders:
1. Bid !1151 - Wire► Cable, PVC Conduit b Cable
Enclosure Boxes
2. Bid #1156 - Tires and Services
3. Bid #1157 - Automotive Filters
4. Bid #1158 - Copper Naphthenate Treated Wood
Poles
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5. Bid #1171 - Wire, Aluminum 4/0 6 2/0
6. P,0 010243 - Bouvier Hydropower, Inc.
7. P,O, #10248 - CLM Systems, Inc,
8. P.O. 010650 - General Electric
4. P.O. #10651 - General Electric
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B. Plats and Replats
1. Consider the preliminary replat of the
Denton Area Teachers Credit Union Addition,
Lot 1, Block A,
lvaw 5• Ordinances
Mayor Castleberry stated that Ordinances 5.A,
implementing the Consent Agenda. - S,C. were
The following ordinances were considered;
5.A.
NO. 90-171
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT,
SUPPLIES OR SERVICES! PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFORE: AND PROVIDING FOR AN EFFECTIVE DATE.
S.B.
NO. 90-172
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS
FOR PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE
AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE
PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM
REQUIREMENTS OF COMPETITIVE BIDS: AND PROVIDING AN
EFFECTIVE DATE,
S.C,
NO. 90-173
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS
FOR PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE
AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE
PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM
REQUIREMENTS OF COMPETITIVE BIDS) AND PROVIDING AN
EFFECTIVE DATE,
Gorton motioned, Hopkins seconded to adopt Ordinances S.A. -
5.C. On roll vote, Trent 'aye,' Hopkins 'aye,' Gorton 'a e '
Ayer 'aye,' Boyd 'aye,' and Mayor Castleberry "eye,' Motion
carried unanimously.
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D. The Council considered adoption of an ordinance
approving an agreement between the City of Denton and Denton
City-County Day Nursery; authorizing the Mayor to execute the
agreement; and approving the expenditure of fends therefor.
Lloyd Harrell, City Manager, stated that Items D., E., F., and
G. were budget items approved by Council during the budget
process,
The following ordinance was considered:
N0. 90-174
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY
OF DENTON AND DENTON CITY-COUNTY DAY NURSERY;
AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT;
APPROVING THE EXPENDITURE OF FUNDS THEREFORE AND
PROVIDING FOR AN EFFECTIVE DATE.
Hopkins motioned, Gorton seconded to adopt the ordinance. On
roll vote, Trent 'aye,' Hopkins 'aye," Gorton 'aye,' Ayer
'aye ' Boyyd 'aye,' and Mayor Castleberry 'aye.' Motion carried
unanimously.
E. The Council considered adoption of an ordinance
approving an agreement between the City of Denton and Denton
County Friends of the Family; authorizing the Mayor to execute
the agreement) and approving the expenditure of funds therefor.
The following ordinance was considered;
NO. 90-175
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY
OF DENTON AND DENTON COUNTY ?RIENDS OF THE FAMILY;
AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT;
APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING FOR AN EFFECTIVE DATE.
Ayer motioned, Hopkins seconded to adopt the ordinance. On
roll vote, Trent 'aye," Hopkins 'aye," Gorton "eye,' Ayer
'ayei' Boyd 'aye,' and Mayor Castleberry 'aye.' Motion carried
unanmously.
F. The Council considered adoption of an ordinance
approving an agreement between the City Of Denton and Services
Program for Aging Needs; authorizing the Mayor to execute the
agreement; and approving the expenditure of funds therefor.
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The following ordinance was considered:
NO. 90-176
AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF
DENTON AND SERVICES PROGRAM FOR AGING NEEDS1
c+,F AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT;
APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING FOR AN EFFECTIVE DATE.
Boyd motioned, Ayer seconded to adopt the ordinance. On roll
vote, Trent 'aye,' Hopkins "aye,' Gocton 'aye," Ayer "aye,'
Boyd "aye,' and Mayor Castleberry 'aye.' Motion carried
unanimously.
G. The Council considered adoption of an ordinance
approving an agreement between the City of Denton and Services
Program for Aging Needs (SPAN)l authorizing the mayor to
execute the agreements and approving the expenditure of funds
therefor.
Tho following ordinance was considered:
NO. 90-177
AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF
DENTON AND SERVICES PROGRAM FOR AGING NEEDS (SPAN);
AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT;
APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING FOR AN EFFECTIVE DATE.
Boyd motioned Trent seconded to adopt the ordinance. On roll
vote, Trent Faye," Hopkins 'aye," Garton "aye,' Ayer 'aye,'
Boyd 4itye,' and mayor Castleberry 'aye.' Motion carried
unanimously.
I H. The Council considered adoption of an ordinance
approving a release and settlement agreement of all claims for
pending litigation between the City of Denton and Glen Allan
Smithers.
The following ordinance was considered:
NO. 90-178
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A
RELEASE AND SETTLEMENT AGREEMENT OF ALL CLAIMS FOR
PENDING LITIGATION BETWEEN THE CITY OF DENT,N AND GLEN
ALLAN SMITHERSs AND DECLARING AN EFFECTIVE DATE.
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Hopkins motioned, Ayer seconded to adopt the ordinance. On
roll vote, Trent 'aye," Hopkins 'aye,' Gorton 'aver' Ayer
'aye,' Boyd 'aye," and Mayor Castleberry "aye.' Motion carried
unanimously.
` I. The Council considered adoption of an ordinance
approving an agreement between the City of Denton and Moore
Business Forms, Inc. to provide for the donation of real
property to the City of Denton.
Lloyd Harrell, City Manager, stated that this would be a
sizeable donation to the City of Denton and would greatly
benefit the City.
Steve Brinkman, Director of Parks and Recreation, stated that
facility would be a big asset to the City. Upon approval,
staff would begin moving ahead for leasing office space in the
building. Some City operations would be moved to that location.
City Manager Harrell stated that the City would be doing a
space study to determine the best long term use of the
facility. There was a possibility of using the facility for a
law enforcement/court complex. The City would be paying a
small amount of closing costs for the building.
The following ordinance was considered:
NO. 90-179
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY
OF DENTON AND MOORE BUSINESS FORMS, INC. TO PROVIDE
FOR THE DONATION OF REAL PROPERTY TO THE CITY OF
DENTONI AND PROVIDING AN EFFECTIVE DATE.
Hopkins motioned, Ayer seconded to adopt tt.2 ordinance. On
roll vote, Trent "aye," Hopkins 'aye,' Gorton 'aye,' Ayer
'aye,' Boyd "aye,' and Mayor Castleberry 'aye." Motion carried
unanimously.
6. Resolutions
A. The Council considered approval of a resolution
postponing the regular Council meeting of December 4, 1990 to
December 11, 1990.
Lloyd Harrell, City Manager, stated that the first meeting in
December needed to be postponed due the conflict with the
NLC-Houston Conference.
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The following resolution was considered:
R90-056
A RESOLUTION POSTPONING THE REGULAR COUNCIL MEETING OF
DECEMBER 4, 1990 TO DECEMBER 11, 1990 AND PROVIDING
FOR AN EFFECTIVE DATE.
Ayer motioned, Hopkins seconded to approve the resolution. On
roll vote, Trent "aye," Hopkins 'aye-' Gorton 'aye,' Ayer
'aye," Boyd 'aye,' and Mayor Castleberry "aye.' Motion carried
unanimously.
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B. The Council considered approval of a resolution
supporting judicial action to effect a statistical correction
of the 1990 census.
Harry Persuad, Senior Planner, stated that the preliminary
census figures presented an undercount of about 6.5%. There
were many other cities experiencing an undercount. The United
States Conference of Mayors was requesting cities nation-wide
to adopt a resolution urging the Congress and the President to
enact legislation mandating a statistical correction of the
1990 census and to send letters to their respective
congressional delegation apprising them of the issue.
The following resolution was considered;
N0. R90-057
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON
SUPPORTING JUDICIAL ACTION TO EFFECT A STATISTICAL
CORRECPION OF THE 1990 CENSUS AND DECLARING AN
EFFECTIVE DATE.
Boyd motioned, Ayer seconded to approve the resolution. On
roll vote, Trent 'aye,' Hopkins 'aye,' Gorton "aye,' Ayer
'aye,' Boyd 'aye,' and Mayor Castleberry 'aye.' Motion carried
unanimously.
C. The Council considered approval of a resolution
authorizing the closing of portions of Egan Street from Lovell
Street, Eagle Drive, Dallas Drive, and Walnut Street as
provided herein.
Lloyd Harrell, City Manager, stated that the Council had
received additional petitions, detours and supplemental
information regarding the proposed street closings.
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Council Member Trent stated that there were 13 individuals not
contacted on one of the petitions. Were there any subsequent
attempts to reach those individuals.
Betty McKean, Executive Director for Municipal Services and
Economic Development, stated that those individuals were
contacted a number of times and possibly there were no
residents in those homes. Flyers in both English and Spanish
h were placed at those homes.
Council Member Gorton asked if the street closings could be
changed from the two Fridays to two Sundays.
Sandy Palacios-Plugge, Location Manager, stated that some of
the unions and guilds involved in the movie did not allow
Sunday filming. Also there were regulations on the number of
hours the children in the film could work as well as the crews.
Council Member Gorton stated that he was trying to allow normal
traffic on two Fridays and shift the shooting to Sundays.
Plugge replied that there were regulations concerning so many
days working and so many days not working. She was not
qualified to give specific details regarding those regulations.
Council Member Gorton asked about the' possibility of starting
the shooting at 10:00 a.m., allowing normal traffic on the
street=between 5:00 p.m. and 6:00 p.m. and return to shooting
p.m. to 11:00 p.m.
McKean stated that when the filming shifted from day to night
shooting, the traffic would be allowed to use the street.
Council Member Ayer asked if it would be better to f.,rmalize
the hours so that they did not occur at different times,
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j Mayor Castleberry stated that this had been discussed and there
was a reason for not indicating specific times.
Plugge stated that it would be a hardship on the shooting to
place specific stopping times in the resolution, if the
shooting was going well or the scene was particularly good, it
would be hard to stop the shooting at a specific time. Traffic
would ba allowed to go through the area during the dinner break, i~
Council Member Ayer stated that in the future the Council
needed to look at street closings with perhaps a different III
oint of view. In the past, if a single business objected to
~he closing, it was not done, In this instance, there were
several objections. He was not suggesting that the Council not
close the streste, but was suggesting that in the future the
Council might look at other cases with a different point of
:iew.
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November 6, 1990
Page 12
II
The following resolution was considered:
NO. R90-058
A RESOLUTION AUTHORIZING THE CLOSING OF PORTIONS OF
EGAN STREET, LOVELL STREET, EAGLE DRIVE, DALLAS DRIVE,
AND WALNUT STREET AS PROVIDED HEREIN; AND PROVIDING
FOR AN EFFECTIVE DATE.
Boyd motioned, Ayer seconded to approve the resolution.
Gorton motioned, Ayer seconded to amend Section I of the
resolution to read: 'from the hours of 10:00 a.m. to 5:00 p.m.
and 6:00 p.m. to 11:00 p.m.'
Council Member Trent felt that that may be creating more of a
problem in that the movie company may not need the street
closed that length of time.
The Council discussed the pros and cons of opening the street
at a specific time during the evening hours.
Council voted on the amended motion. On roll vote, Trent
'nay,* Hopkins 'aye,' Gorton 'aye,' Ayer gays,' Boyd *nay,* and
Mayor Castleberry 'nay.' Motion failed on a tie vote.
The Council then voted on the main motion. On roll vote, Trent
"aye,' Hopkins 'aye,' Gorton 'nay,' Ayer 'aye," Boyd 'aye,' and
Mayor Castleberry 'aye.' Motion carried with a 5-1 vote.
D. The Council considered approval of a resolution
nominating John McGrane to the E911 Board of Directors.
The following resolution was considered:
NO. R90-059
A RESOLUTION NOMINATING A MEMBER TO THE BOARD OF
MANAGERS OF THE DENCO AREA 9-1-1 DISTRICTS AND
DECLARING AN EFFECTIVE DATE.
Gorton motioned, Ayer seconded to approve the resolution. On
roll vote, Trent *aye," Hopkins 'aye,' Gorton 'aye,' Ayer
'aye,' Boyd "aye," and Mayor Castleberry 'aye.' Motion carried
unanimously.
7. The Council considered an appointment of a Deputy City
Secretary.
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` a Lloyd Harrell, City Manager, stated that Catherine Tuck,
f Administrative Assistant in the City manager's office, was
being proposed as a Deputy City Secretary. She would fill-in
when the City Secretary and First Deputy City Secretary were
absent.
I Boyd motioned, Ayer seconded to approve the appointment. On
roll vote, Trent "aye," Hopkins aye," Gorton "aye,' Ayer
'aye,' Boyd "aye,' and mayor Castleberry 'aye,' Motion carried
unanimously.
8. Miscellaneous matters from the City Manager.
Lloyd Harrell, City Manager, presented the following items:
A. Money had been allocated in this year's funding
of the federal budget for the Greenbelt project.
B, A new street sweeper demo model was on the job to
fill in until the new sweeper was received.
9. There was no official action taken during the
Executive Session held after the Work session.
10. New Business
The following items of New Business were suggested by Council
Members for future agendas:
A. Council Member Trent suggested Council receive a
tally of new building permits. This could be a monthly report.
11. The Council did not meet in Executive Session in the
Regular Session.
With no further business, the meeting was adjourned at 6140 p.m. J
BOB CASTLEBERRY, MAYOR
CITY OF DENTON$ TEXAS
I
JENNIFER WALTERS
CITY SECRETARY
CITY OP DENTON, TEXAS
33140
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November 20, 1990
The Council convened into the Work Session at 5:15 p.m, in the
Civil Defense Room.
PRESENT: Mayor Castleberryl Mayor Pro Tem doydi Council
Members Alexander, Ayer, Gorton, Hopkins and
Trent.
INN I
ABSENT: None
1. The Council convened into the Executive Session to
discuss legal matters, real estate, and personnel/board
j appointments (considered an appointment to the Electrical Code
Board).
2. The Council received a status report from the 2499
Task Force regading the work of the Task Force and considered
additional funding for the environmental impact statement for
Highway 2499 from ?1.407 to FM2181.
Rick Svehla, Deputy City Manager, stated that the Task Force
Members from Denton, Bill Utter, Jerry Cott, and Ann Houston,
were in attendance to update the Council on the latest
developments. J
Bill Utter reviewed the history of the project. He stated that 11
at the last meeting, the five entities had agreed to urge the +
Highway Department to adopt proposed Route 4. The five
entities in the project included the County of Denton, the City
of Denton, the City of Cornith, the City of Highland Village
and the City of Copper Canyon. The consultant on the project
i had stated that additional money was needed for archeological
and historical data and water quality and biotic information
for the study. The cost would be between $20,000-$30,000. All i
of the additional other funding entities
help thwithditheotaddhave iti additional
av available at to that
costs, The Denton members of the Task Force were recommending
the Council authorize the Task Force to proceed with a firm '
estimate from the consultant on the same funding basis as
before. This would mean funding would be provided by the
County at 50%, the City of Highland Village at 25% and the City
of Denton at 25%.
Council Member Gorton stated that in the future the City may
need to look at the funding agreement and may contribute more
as it would impact the City more than 25%. There may be
volunteer funds available from the residents of the City.
Utter expressed a concern that the route was ending at FM2181.
He felt it needed to continue to the proposed Loop 188
extension.
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Council Member Trent asked what was the time frame for the
completing the environmental impact study.
Utter replied March of 1991 would be when they went to the
4 Highway Department.
Council discussed the to continue the
proposal pro ect to Loop
288, whether extending the project would hasten the Loop 288
project and funding arrangements.
Consensus of the Council was to agreed to continue with the
Task Force recommendations.
3. The Council received a report regarding roof
conditions on various City buildings and considered giving
sta_'f appropriate direction.
Steve Brinkman, Director of Parks and Recreation, stated that
there were 20 buildings in the City complex. Last year, a roof
consultant was hired to look at those buildingsi and determine
the condition of the roofs and a time frame f,)r re-doing the
roofs. The study allowed the City of taku a methodical
approach to repair roofs and also allowed the City to plan and
budget for long-ten, funding obligations.
Bruce Hennington, Superintendent of Building operational stated
that the City needed a preventative maintenance program and the
roof area was a good place to begin. Staff performed an
in-house study in 1989 but it was missing information in some
areas: (1) there were only building plans for 8 of the 20
buildings, (2) knowledge of materials and kind of roof deck,
(3) age of roofs and estimate if worth repairing, (4) visual
aids on the conditions of roofs, and (5) how to budget for the
repairs. Armko Industries performed a roof study in October of
1989 which included (1) a total inspection of every roof
i including measurements and drawings of the roofs, (2)
determination of existing conditions of the roofs, (3) building
and/or roof designation on shop drawing as required, (4}
project cost estimate, (5) photographs of the roofs and (6) j
establishment of roof priorities if applicable. 1
The roofs on the Municipal Building and Central Fire Station
were in need of immediate attention. The Municipal Building
roof had a cement deck with another roof over it. There was
water between the two roofs. When the roof was previously
repaired, the wrong materials were used. It was proposed to
tear the roof off completely and install a new roof, The total
cost of this roof would be $131,868. This cost included unusA
electrical f panels, and $5j,000 6for 5 deck remove eplacenent outdated d needed.
In addition, $27,499 would be reimbursed from the Federal
Government due to damage occurred in the 1990 rains.
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The project would take 35-40 days to complete with a new roof
guaranteed by the material manufacturer for 15 years.
The Central Fire Station was scheduled for major repair in 1990
and replacement in 1998. However, last winter's cold
temperatures destroyed the roof's integrity and was now
unrepairable. The cost of this project would be $48,369. Both
of these projects would qualify for Certificate of obligation
funding due to the fact that these would not be maintenance
projects but rather a total tear-off and new installation.
Staff was recommending that both roofs be replaced in the
1990-91 budget year. Total cost would be $180,236. Staff was
investigating the advantages of combining this Certificate of
Obligation sale with others that would come later in the year.
Lloyd Harrell, City Manager, stated that staff was seeking
! authorization to proceed with the project which would include
bringing to council a proposal to issue Certificates of
Obligation in ':he amount of approximately $200,000 to do both
of the roofs. At the same time, bring formal bids for the
projects in order to begin the project.
` Consensus of the Council was to proceed with staff
recommenklation.
4. The Council received an update regarding the CIS
System.
Gary Collins, Director of Information Services, presented the
milestones of the CIS System. He stated that the remaining
tasks were to evaluate conversion RFP's, recommend a conversion
vendor, complete the pilot project, complete conversion of land
base and parcel maps, complete building of overall data base
i with existing automated files and start implementation of
analytical applications.
Members of the CIS Task Force (Roger Rose, Mike Keeton, Paul
Lehrer, and Scott Sires) presented aspects of the CIS system
including AML Program structures, future projects, the use of
the CIS system and a demonstration of the capabilities of the
system.
4 The Council then convened into the Regular Session at 700 p.m.
r in the Council Chambers.
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Page 4
PRESENT: Mayor Castleberry; Mayor PLO Tem Boyd;
d;ouncil
Members Alexander, Ayer, Gorton, Hopkins
Trent.
ABSENT: None
1. Pledge of Allegiance
The Council and members of the audience recited the Pledge o
Allegiance.
2. The Council considered Special Call Sessions of October 23,,x1990 and t October 30, 1990.
Gorton motioned, Alexander seconded to approve the minutes as
presented. Motion carried unanimously.
The Mayor presented a proclamation for 'United Way week'.
3. Yard of the Month Presentations
The Mayor presented Yard of the Month presentations for
November to:
George anu Peggy Roach
Chris Lathem
First State Bank
for Association cVisual
Mayor s
Award for bestrpublic/private venture x- Center Downtown
Arts.
4. Public Hearings
i
A. The Council held a public hearing and considered
adoption of an ordinance approving an increase in the current
taxicab rates.
John McGrane, F%ecutive Director for Finance, stated that the
public hearing and proposed ordinance was inhadspnn affect ton
which
in the oil prices
current fluctuation
gas prices in the area. The local taxi companies approached
the city about increasing the rate. The prior oidi `anceed was
written so that every rate change had to be app
gave he City Manager ordinance set a set the rate tin
rate Council,
accordance with the price of gas the companies were paying.
Council Member Gorton asked would
company would be charging on~ rate and another ocompany charging
a different rate.
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Page 5
McGrane replied that the rate was a maximum and any amount
below that could be charged.
Mayor Pro Tem Boyd asked if periodic checks would be made for
lowering the rates.
McGrane replied yes that the Risk Manager would determine
whether an increase or decrease was warranted based on the
records of the companies.
Mayor Pro Tem Boyd stated that fuel was not the only basis for
expense for the cab companies.
McGrane replied that at this point, only the fluctuation of oil
prices was a deciding factor. Other factors should come before
the City Council.
The Mayor opened the public hearing.
No one spoke in favor.
No one spoke in opposition.
The Mayor closed the public hearing.
The following ordinance was considered:
N0. 90-180
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING
SECTION 26-52 (a) OF THE CODE OF ORDINANCES TO PROVIDE
FOR THE AUTOMATIC ADJUSTMENT OF TAXI RATES BASED UPON
FUEL COSTSp REQUIRING OWNERS TO KEEP RECORDS OF FUEL
COSTSI PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT
OF $500.00 FOR THE VIOLATIONS THEREOF AND PROVIDING
FOR AN EFFECTIVE DATE.
i
Hopkins motioned, Trent seconded to adopt the ordinance. On
roll vote, Trent 'aye,' Alexander 'aye," Hopkins 'aye,' Gorton
'aye,' Ayer 'aye,' Boyd 'nay,' and Mayor Castleberry 'aye.'
Motion carried with a 6-1 vote.
B. The Council held a public hearing and considered
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 'GR' General Retail
Service District. (The Planning and Zoning Commission
recommended approval.)
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Frank Robbins, Executive Director for Planning, stated that
this was a request for rezoning which the Planning and Zoning
Commission had unanimously approved as it was in accordance
with the Denton Development Plan policies. In 1973 the City
Council approved the rezoning of the site from Agricultural
district to Commercial district, however, no ordinance was
passed or approved, thus making an invalid rezoning. The
Planning and Zoning Commission recommended approval of the
rezoning to the General Retail Service District in order to
accommodate the use of an auto parts store.
The Mayor opened the public hearing.
Rob Raynor, representing Tom Fouts Realtors, stated that they
were working with the developer to build a Parts Plus
Automotive Center on the site. He requested Council approve a
General Retail zoning for the property.
Council Member Gorton asked if the detailed site plan and plat
would come before Council.
Robbins replied that the property had been recently platted and
had been beforf! the Planning and Zoning Commission. The
Council would no'. see a detailed plan for the site.
Council Member Gorton expressed concern about repairs being
done on the site. He wanted to be sure that any repairs were
not done on the street side not would there be temporary
storing of vehicles on site.
Reynor replied that this was strictly a parts store and that no
repair work would be dome on-site.
No one spoke in opposition.
The Mayor closed the public hearing.
The following ordinance was considered:
NO, 90-181
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING
FOR A CHANGE FROM AGRICULTURE (A) TO GENERAL RETAIL
(GR) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION FOR LOT 1, BLOCX 1 OF THE SHELLY ADDITION
LOCATED ON THE SOUTH SIDE OF HIGHWAY 380 (UNIVERSITY
DRIVE), AS IS MORE PARTICULARLY DESCRIBED HEREIN;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF1 AND PROVIDING FOR AN
EFFECTIVE DATE.
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Page 7
Hopkins motioned, Alexander seconded to adopt the ordinance. On
roll vote, Trent "aye," Alexander "aye," Hopkins 'aye,' Gorton
'aye," Ayer 'aye," Boyd "aye,' and Mayor Castleberry 'aye.'
Motion carried unanimously.
C. The Council held a public hearing and considered
adoption of an ordinance amending Article 17 of Appendix
B-Zoning of the Code of Ordinances relating to signs; providing
for the creation of a Sign Board of Appeals to hear appeals,
variances, and special exceptions; providing for an alternative
method of measuring sign height; amending provisions for
special exceptions; amending Article 23 of Appendix B-Zoning to
delete authority of Board of Adjustment to hear cases involving
signs. (The Planning and zoning Commission recommended
approval.)
Frank Robbins, Executive Director for Planning, stated that the
proposed ordinance changed (1) measuring the height of a sign,
(2) created a sign Board of Appeals, (3) added "ground' as a
possible view obstruction, and (4) repealed the Board of
Adjustments' powers pertaining to Article 17. He stated that
the current method of measuring the height of a sign was from
the curb line. The sign may be in a valley below the curb but
would still be measured from the curb. If the sign were on a
slope, the height of the sign would still be measured from the
curb line. The proposed way to measure the height of the sign
would be either the higher of measuring from the curb or
measuring from the ground to the tallest part of the sign. If
the sign were on a hill, it would be measured, under the
proposed ordinance, by measuring from the ground as opposed to
the going down to the curb. The second part of the ordinance
dealt with appeals, variances# and the Sign Board. The Board
would consist of five members appointed by the City Council.
Robbins detailed the powers and duties of the Sign Board. He
! stated that the application fee for a variance would be $100
and all others would be $50.
Council Member Ayer questioned the language "hear and deride"
in relation to the powers of the Board.
Debra Drayovitch, City Attorney, stated that that wording
tracked the language for the Board of Adjustment from the skate
legislature.
Council Member Ayer questioned the language on page three j
relating to variances in which it stated 'application provided
by the City'. He assumed the City would not be completing an
application for a variance, it would merely be supplying the
form.
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November 20, 1990
Page 8
City Attorney Drayovitch replied that the wording could be
clearer if the words 'on a form' were inserted.
Council Member Trent asked if a definition of 'natural' ground
were in the ordinance.
Robbins replied that it was not in language of the special
u: exception section.
Council Member Trent stated that if that was the interpretation
meant by the ordinance, he would suggert including it in the
ordinance for clarity. He asked if the wording of the
ordinance had been presented to members of the business
community who might be in a position to use the ordinance in
the future.
Robbins replied that approximately 30-40 people had reviewed
the ordinance and perhaps more.
The Mayor opened the public hearing. I
Jerry Cott, Chair-Government Relations Committee-Denton Chamber
of Commerce, stated that they endorsed this part of the sign
I ordinance. He stated that the proposed ordinance had been
widely thought through. It was only the first part. They, at
the Chamber, believed that the sign ordinance that was being
' worked on was the most anti-business ordinance that the Council +
who were
had ever responsible produced and
wantedg to live a int~a Tbeautiful
community but at the same time, needed to do business. They 1
were terribly restricted by the sign ordinance as it now I
existed. They endorsed this ordinance. They did not endorse
' it at Planning but with the help of the Mayor and City Attorney
were pointed to parts of the City Charter which allowed the
I ordinance to work. They looked forward to the second part of
the revisions. f
Al Lissberger stated that the 'natural' grade would be
effective to stop abusers trying to get around the height
restrictions. He stated that at times, fill may become the
natural grade. He stated that foundation should be considered
in some cases at 'natural' grade.
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No one spoke in opposition.
The Mayor closed the public hearing.
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Council Member Alexander questioned the process with the Board
of Adjustment.
Robbins replied that an appeal would be made at District Court
regarding a decision of the Board of Adjustment.
Council Member Alexander asked if either party could appeal to
the District Court.
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City Attorney Drayovitch stated that three parties had the
right to appeal: (1) the person making the appeal, (2) the
neighbors affected by the decision, and (3) the City.
Council Member Gorton asked if the Court of Record would
displace the District Court.
City Attorney Drayovitch replied that an appeal would still go
to the District Court.
Discussion continued with concerns regarding powers of the
E Board dealing with meeting days and times, compelling
attendance at the meetings and the possibility of making
' changes at a later date when the second part was considered.
Council Member Alexander asked why a separate Sign Board was
needed and why the Board of Adjustment was not used.
Robbins replied that this was a specialized issue while the
Board of Adjustment dealt with a broad area of issues. This
1 was a narrow interest subject with the need of people who had
k expertise in signs.
The following ordinance was considered:
NO. 90-182
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
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 APPENDI7: B-ZONING TO DELETE THE
AUTHORITY OF THE BOARD OF ADJUSTMENT TO HEAR CASES
INVOLVING SIGNS; PROVIDING FOR A MAXIMUM PENALTY IN
THE AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF;
PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
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Trent motioned, Hopkins seconded to approve the ordinance with
the following amendments: (1) Page 31 4.(a) 'application on a
form provided by the City', (2) adding the word 'natural' to
ground description.
Jerry Cott stated that there needed to be a perception of
fairness to the business person in getting a hearing if he/she
felt that he/she had not been treated correctly. What was
trying to be done was to make it very easy to get an appeal to
the Board and very difficult to put one over on the Board.
Council Member Alexander felt that it might be very difficult
to fill a Sign Board with totally objective people on this
topic. Whereas, a Board of Adjustment, with a whole range of
subjectst might be easier to appoint and to get objective
decisions relating to signs. He felt that a Sign Board might
become too specialized.
Cott replied that he hoped the Board would be made up of people
who had no background in signs. That would be the best kind of
Board to have.
Council Member Hopkins stated that the Board could not be made
up of sign people due to a conflict of interest.
City Attorney Drayovitch replied that the potential conflict
would come when that particular business person had a matter
which would be coming before the Board.
Council Member Trent asked if there would be a time limit on
the Appeal Board. Would it cease to exist when the revisions
of the ordinance were completed.
Cott replied that the ordinance would be constantly changing.
He felt that the first year, the Board would be very busy and
would be slower in later years.
Mayor Pro Tem Boyd felt that a definition of "natural ground'
should be included and proposed the following wording:
'natural ground level shall include fill necessary to return
the site to level before acts of erosion or other natural acts'.
Mayor Castleberry asked if that would be an acceptaUle addition {
to the main motion.
Council Member Trent replied yes.
Council voted on the main motion. On roil vote, Trent 'aye,'
Alexander 'aye,' Hopkins 'ayet' Gorton "aye,' Ayer 'aye,' Boyd ,
'aye," and Mayor Castleberry 'aye.' Motion carried unanimously.
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November 20, 1990
Page 11
D. The Council held a public hearing and considered
approval of a variance to Article 4.04, Section 3, Paragraph 1
of the Subdivision and Land Development Regulations relating to
the dedication of thoroughfare right-of-way. (Property located
at 1507 Mingo, northwest of Mingo's intersection with Ruddell -
(The Planning and Zoning Commission recommended approval.)
Frank Robbins, Executive Director for Planning, stated that
£ this application was made by A 8 L Construction, Co. for a
variance on the design standards for thoroughfares. The
applicant was requesting not to be required to dedicate a 20'
right-of-way but provide an easement for drainage, utilities
and a sidewalk in its place. The applicant met all of the
requirements for the variance which included (1) granting the
request would nbt violate any master plans - Mingo Road could
be constructed as a four-lane undivided street within the
existing 501right-of-way if a 20' sidewalk, drainage and
utility easement were dedicated, (2) the special or peculiar
condition upon which the request was based relate to the
topography, shape or other unique physical features of the
property which were not generally common to other prcperties -
a 10' right-of-way would leave only 15' between the existing
townhomes and the right-of-way which would be undesirable to
j the residents and cause monetary damage to the property (3)
f the special or peculiar conditions upon which the request was
based did not result from or was not created by the owner's or
any prior owner's action - as a result of ordinance revisions
made since 1983 when the townhomes vere built, the condition
had occurred.
Council Member Gorton asked if adjacent property would be in a
similar situation.
Robbins replied it would be a similar situation if it needed to
be platted at a later date.
The Mayor opened the public hearing.
Al Lissberger stated the property had been started prior to the
regulations regarding right-of-way. It would be detrimental to
the rental of property in that area if the regulations were
enforced. He felt that an easement would sAtisfy the needs of
the City.
No one spoke in opposition.
The Mayor closed the public hearing.
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November 20, 1990
Page 12
Boyd motioned, Ayer seconded to grant the variance based on the
conditions presented by the Planning and zoning Commission: (1)
Since the proposed easement was 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, (2) the location of an existing structure and
its front door very near the right-of-way, if dedicated, was a
condition not common to other properties being platted, and (3)
the owner began the development in 1983 prior to the
requirement to plat and dedicate right-of-way, but was not
affected by regulations enacted since that time. On roll vote,
Trent 'aye,' Alexander 'aye,' Hopkins 'aye,' Gorton 'aye,' Ayer
'aye,' Boyd 'aye,' and Mayor Castleberry 'aye.' Motion carried
unanimously.
E. The Council held a public hearing on the proposed
annexation of 1367.12 acres located east of and abutting 135W
at the intersection of Allred Road, west of Bonnie Brae and
abutting and south of Hickory Creek. (Second Hearing)
The Mayor opened the public hearing.
Mike Reynolds, H. S. Miller, stated that they were involved
with 450 acres of the annexation and were in favor of the
annexation. He expressed desire to have annexation and zoning
done at the same time.
Ron White, Perot Group, stated that they were involved with the
remainder of the annexation. He also asked for simultaneous
annexation and zoning for active marketing of the property.
No one spoke in opposition.
The Mayor closed the public hearing.
5. Consent Agenda
Ayer motioned, Gorton seconded to approve the Consent Agenda as
presented. Motion carried unanimously.
A. Bids and Purchase orders:
1. Bid #1154 - Brochures for Parks and
Recreation
2. Bld #1166 - Electric Meters, Current
Transformers, Meter Sockets
3. Bid #1172 - Vibrating Roller
4. Bid #1153 - Bell, Mingo 6 Scripture Drainage
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November 20, 1990
Page 13
5. Bid #1159 - Heritage Oaks Roofing
6. Bid 01168 - Tree Trimming
B. Plats and Replats
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1. Consider the preliminary plat of the
Greenwich Village Townhomes Addition, Lot 1,
Block 1. (The Planning and Zoning
Commission recommended approval.)
6. Ordinances
A. The Council considered adoption of an ordinance
accepting competitive bids and providing for the award of
contracts for the purchase of materials, equipment, supplies or
services. (5.A,1. - Bid #1154, 5.A.2. - Bid #1166, 5.A.3. -
Bid #1172)
The following ordinance was considered:
N0. 90-183
AN CRDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT,
SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE.
Gorton motioned, Ayer seconded to adopt the ordinance. On roll
vote, Trent 'aye,* Alexander 'aye,' Hopkins "aye,' Gorton
"aye,' Ayer 'aye,' Boyd 'aye,' and Mayor Castleberry 'aye.*
Motion carried unanimously.
B. The Council considered adoption of an ordinance
accepting competitive bids and providing for the award of
contracts for public works or improvements. (5.A.4. - Bid
#1153, S.A.S. - Bid 111591 5.A.6. - Bid #1168)
The following ordinance was considered:
NO. 90-184
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.
Hopkins motioned, Gorton seconded to adopt the ordinance. On
roll vote, Trent 'aye," Alexander "aye,' Hopkins 'aye," Gorton
*aye,* Ayer 'aye," Boyd 'aye," and Mayor Castleberry 'aye."
Motion carried unanimously.
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November 20, 1990
Page 14
C. The Council considered adoption of an ordinance
approving payment of the City of Denton's share of the annual
administrative fee for participation in the Upper Trinity
Regional Water District; and authorizing the expenditure of
funds therefor. (The Public Utilities Board recommended
approval.)
The following ordinance was considered:
NO. 90-185
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.
Boyd motioned, Ayer seconded to adopt the ordinance. On roll
vote, Trent 'aye,' Alexander 'aye,' Hopkins 'aye,' Gorton
'aye,' Ayer "aye,' Boyd 'aye,' and Mayor Castleberry 'aye.'
Motion carried unanimously.
D. The Council considered adoption of an ordinance
approving an agreement between the City of Denton and the Upper
Trinity Regional Water District providing for interim
wastewater treatment services. (The Public Utilities Board
recommended approval,)
The following ordinance was considered:
NO. 90-166
AN ORDINANCE AP?ROVING 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. I
Trent motioned, Alexander seconded to adopt the ordinance. On 1
roll vote, Trent 'aye,' Alexander 'aye,' Hopkins 'uye,' Gorton
'aye,' Ayer 'aye,' Boyd 'aye,' and Mayor Castleberry 'aye.'
Motion carried unanimously.
E. The Council considered adoption of an ordinance
approving an amendment to the interim wastewater disposal
contract between the City of Denton and the City of Argyle
extending the contract term to June 30, 1991. (The Public
Utilities Board recommended approval.)
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Bob Nelson, Executive Director for Utilities, stated that this
ordinance would extend the time frame for the current contract
with the City of Argyle.
a
Council Member Ayer asked for the reason for the extension.
Nelson replied that the progress of the project had not been as
fast as they thought when Argyle first entered into the
contract.
Council Member Ayer asked how long the extension would be.
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1 Nelson replied that it would be extended to June 30, 1991
bringing seven trucks per week to Denton.
Council Member Ayer expressed concern that the contract would
be continued to be extended as Argyle initially did not want to
sign a contract with the Upper Trinity Regional Water District.
Nelson replied that the prior action taken by Council was a
contract with the Upper Trinity Regional Water District which
allowed Argyle to bring the waste into Denton's system. Argyle
had already signed the contract with the Upper Trinity Regional
Water District,
The following ordinance was considered: 1
N0. 90-187 1
AN ORDINANCE APPRJVING AN AGREEMENT BETWEEN THE CITY
OF DENTON AND THE CITY OF ARGYLE PROVIDING FOR INTERIM
WASTEWATER DISPOSAL SERVICES) AND PROVIDING AN 1
EFFECTIVE DATE. 1
Ayer motioned, Boyd seconded to adopt the ordinance. On roll !
vote, Trent 'aye,' Alexander "aye,' Hopkins "aye,' Gorton
i "aye,' Ayer "aye,' Boyd 'aye,' and Mayor Castleberry 'aye.'
Motion carried unanimously.
F. The Council considered adoption of an ordinance
amending Chapter 12 of the Code of Ordinances relating to E
notice, abatement, and the levying of the cost of abatement
against property sphere the owner thereof fails to keep the
property free-of garbage, trash, rubbish, high grass and weeds
or fails to clear a migratory bitd roost, as required by 1
Chapter 121 providing for appeals from assessment; and
providing a severability clause. 1j
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Cecile Carson, Administrative Analyst, stated the the proposed
ordinance would enable the City to recover the costs associated
with the removal of trash, debris or garbage when the owner
failed to keep the property free of this material. Currently a
trash and debris violation was only enforceable, after proper
era. notice to the property owner, with a written citation. While
the citation was being processed through the court system, the
trash and debris violation remained on site. Information
related to notice, recovery of costs, and assessment of an
administrative fee had been combined into one section which
covered grass and weeds, trash and debris, and migratory
birds. The amendment placed all the related sections together
since the procedure was the same in each case.
Mayor Pro Tem asked if the cost included the $80 administrative
fee plus the cost of clearing the property.
Carson replied yes.
Council Member ).yer stated that a lisp. would be placed on the
property only if there was no compliance after the 10 day
notice. That still did not solve the problem of a repeat
offender.
Carson replied that some community service groups were donating 1
hours to clean up areas of repeated offenses and those who
could not afford to clean up the property themselves.
City Manager Harrell stated it was investigated for the
possibility of some kind of shortened procedure for repeat
offenders. The problem encountered was the necessity, by law,
to give proper notice to abate a nuisance prior to the City
having the authority to do so itself. Staff had been unable to
come up with an alternative so as to handle these repeat f
offenders.
Council Member Hopkins felt that it was not fair to place a
lien on a property after only a 10 day notice. A property
owner could be on vacation and not receive the notice in a
timely manner and return to find a lien on his property.
Counci4 Member Ayer stated that there was a longer time frame
than . days before the lien was actually placed on the
property.
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Page 17
The following ordinance was considered;
NO. 90-188
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 THLREOF
FAILS TO KEEP THE PROPERTY FREE OF GARBAGE, TRASH,
RUBBISH, 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.
Alexander motioned, Ayer seconded to adopt the ordinance. On
roll vote, Trent "aye,' Alexander 'aye,' Hopkins 'nay,' Gorton
'aye," Ayer 'aye,' Boyd 'aye,' and Mayor Castleberry "aye.'
Motion carried with a 6-1 vote.
G. The Council considered adoption of an ordinance
approving a contract between the City of Denton and the City of
Bowie for the sale of power and energy.
Bob Nelson, Executive Director for utilities, stated that this
contract was similar to the ones with Farmersville, and College
Station. It was a 10 year contract to begin in January of
1992. This was a full requirements contract and could provide
Bowie the option to become a member of the Texas Municipal
Power Agency of another joint action entity created by one or
more of tho Texas Municipal Power Agency Cities. Denton's
share would be in the range of $156,000 to 286,000.
i Council Member Trent asked when the rates would go down as a
result of these sales.
' Nelson replied that they were currently looking at that with a
possibility of a slight reduction. Caution was needed with the
cost of natural gas. If gas prices remained stable, there was
a good possibility of a decrease.
Council Member Ayer asked what impact the contracts would have
on the timing of the next generating facility to be constructed
by TMPA.
Nelson replied that the smaller contracts did not have a large
impact. Approximately 130 megawatts were being sold with the
current contracts and the recent study completed stated that
there was approximately 100 more megawatts that could be sold
without any adverse impact on the rates.
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Page 18
Council Member Ayer asked how far the City could go as a
private organization in signing contracts to sell power to
other cities without being accused of competing with the
private sector.
Nelson replied that the whole electric utility industry was
going through a tremendous turmoil. He felt that in the future
there would be energy companies, companies which would only
build power plants, etc.
The following ordinance was considered:
NO. 90-189
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.
Gorton motioned, Boyd seconded to adopt Hopkins the ordinance. " on roll ,
vote, Trent aye, Alexander yaye, e
f 'aye," Ayer "aye,' Boyd 'aye," and Mayor Castleberry 'aye.'
Motion carried unanimously.
7. Resolutions
r A. The Council considered 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.
The following resolution was considered;
NO. R90-060
A RESOLUTION AUTHORIZING 'iUE MAYOR TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF DENTON AND COUNTY OF
DENTON FOR THE PROVISION OF LIBRARY SERVICES; AND
PROVIDING AN EFFECTIVE DATE.
Ayer iotioned, Alexander seconded to approve the resolution.
On roll vote, Trent 'aye,' Alexander 'aye,' Hopkins 'aye,'
r Gorton "aye,' Ayer "aye,' Boyd "aye,' and Mayor Castleberry
'aye.' Motion carried unanimously.
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B. The Council considered approval of a resolution
j appointing members to the North Texas Higher Education
Authority.
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Page 19
John McGraner ExEcutive Director for Finance, stated that there
was an error in the proposed resolution in that the Places
indicated should be Place 2 and 9.
The following resolution was considered:
NO. R90-061
A RESOLUTION APPOINTING MEMBERS TO THE NORTH TEXAS
HIGHER EDUCATION AUTHORITY1 AND DECLARING AN EFFECTIVE
DATE,
Hopkins motioned, Alexander seconded to approve the resolution
with the noted correction regarding Place numbers. On roll
vote, Trent 'aye,' Alexander layer' Hopkins 'aye,' Gorton
'aye,' Ayer layer' Boyd layer' and Mayor Castleberry 'aye.'
Motion carried unanimously.
8. Miscellaneous matters from the City Manager.
Lloyd Harrell, City Managers presented the following items:
the Coun fl with Mark McDaniel Budget Officers formally presented
ofsections
mapo int the budget.
document Those
majorbudget included
changes, the
readers
guide, supplemental information such as CIP informations grant
i budget and a subject index and cross index.
B. Harrell introduced Cathy DuBois, the City's new
Controller.
9. There was no official action taken during the Work
Session Executive session.
10. New Business
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The following items of New Business were suggested by Council
Members for future agendas:
A. Council Member Trent stated that the City Manager
had formed a Transportation Task Force and felt that was a step
in the right direction.
11. The Council did not meet in Executive Session during
the regular meeting.
With no further business, the meeting was adjourned at 9:17 p,m.
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Page 20
BOB CASTLEBERRY, MAYOR
CITY OF DENTON, TEXAS
JENNIFER WA ER
CITY SECRETARY
CITY OF DENTON, TEXAS
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g BILL of RIGHTS for the TELEVIEWERS in Denton, Texas
# Since a well-infvrmedciti~enr~ is esseritisl to the functioning
li Of e7 democrstlc goverr7mel?f, the Cify Council vfll~nfon, Texas
will in all instances support tfe broadest andmost effecfi ve
teleiarnmunrcalionspoliciesandpractices to benefit ifs
011,M175 by observing the following basic,nr~mises
1. Telecasting of federal, state, and local government
public activities should receive the breatest possible
distribution;
2. Public access television's use and distribution
benefits the total community;
3. The greatest diversity of video material and delivery
systems is the community's ultimate goal;
4. The City Council shall support federal and state
legislation and regulations and enact such locol
r ordinances which will promote and insure Denton enjoys
the benefits of the best possible video and
telecommunications environment.
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PO Box 748 1
Denton, Texas ,
1 78201
817-387-1875
J QE. , $ D ODD
No Donations Accepted {
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I
OVERVIEW AND
MISC.
SAMMONS- If there were some certainty that Sammons would
remain our only multi-channel video system, it would present a
different sort of problem. The 84 Cable Act and recent court
r decisions have made most of our franchise contract unenforcable
z (including the no-sale provision); we live under the goodwill of
! whoever owns the cable lines. Had Tim Wyrth (according to
I Wall St journal and several other sources, the largest receiver
of cable PAC contributions) not fillibustered in the last days of
the Congressional session, the bill that had already passed the
House would have sailed through the Senate. Cable was willing
to live with local regulations of basic rates, but they could not
deal the loss of exclusive contracts. Early In 91, a bill will
become law and it will encourage (perhaps mandate)
competitioo in the video distribution market. President Bush
has come out infavor of telephone company entry; so have
many
more of us if they are limited to common carrier status.
Right now backyard dish receivers are the only competition of
multi-channel delivery services. Denton
needs to be ready
before the second hardwire system seeks entry. Perhaps we
should be looking for them or a wireless (microwave
multi-channel) system to compete with Sammons.
THE CABLE BOARD- The present board is of little value as
constituted and charged. A Video Services Board would be of
more worth. It would also benefit the community by dealing
with video stores, which are delivering the same products and
being treated quite differently by the city. It could also assist
in commt dty use of public access and government video
;services s,L:ch should not be limited to cablecast (library and
video sture distribution). A broader charge could produce a
body more able to deal with the future.
PORNOGRAPHY- It cannot be long before the NC-17 rating, Texas'
18 year old viewing standard, and Denton's Inconsistent
attacks on adult material all require some sort of resolution.
Sammons is probably already in violation of the harmful display
to minor provisions of Texas law. The Sammons scramble
system is so poorly done that I can with basic cable and a cheap
TV set with a fine tuning knob unscramble the picture with no
other equlpm.ent. (I and my $150 Montgomery Ward are
available for demonstration if needed.) HBO regularly transmits
films which had scenes removed to avoid an Y-rtiting in their
original theatrical run with those scenes reinse, ted for cable
showing. Those children who do not know about the fine-tuning
.ran ,j
1
b
OVERVIEW CONT.
trick still have access to adult material on cable. Sammons and
IIBO have often run R-rated movies as free prevues in the
unscrambled mode. Families who have decided not to have the
material in their homes but have subscribed to other cable
services have their children exposed by way of these prevues i
time periods.
I hope someday that Playboy Channel will be available to
adults in Donton when the extra channels become functional.
Adults have a right to select their own viewing material from
the largest possible number of legal options. Sammons
irresponsibility in dealing with the material endangers the
future options of responsible adults.
1 request that the Cable Board and City Attorney review the
R-rated prevue practices of Sammons (see the movie 'Scandal' {
and '9 1/2 Weeks' for examples) to see if a criminal referal is
appropriate. At the very least the prevues should carry no
higher rating than G. Until the present scramble system is
replaced with one that works, there should be no showing of
X-rated or its unrated equal. I
Due to the serious nature of this problem, the Council should
request a speedy report on the results of this examination with
appropriate recommendations.
GENERAL NOTES- Congress and the FCC have a problem deciding
what basic cable is; the simple approach would determine that
the public utility portion of the cable lineup is in the programs
that are retransmitted local over the air channels, government,
local educational, weather info, and any other channel with local
commercials inserted.
Sammons should be praised for many of the things they have
done. Of the cable companies around the country I know of, we
have one of the clearly superior operations, especially in the
areas of local news and events. Many of their problems are
mechanical and will be cured when the second line is installed.
Congressman Armey is iii-informed and disinterested in cable
and telecommunication issues. Any local efforts to improve his
attitude would be helpful.
At least quarterly the Cable Board should hold evening
meetings to permit a broader public input than is now possible.
{
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PA4e 1 43.:1. Sale. Distribution, or Di-Pia or Harm•
ful Material to Minar
Vol LedSq,Orrceu.-Chapter 7t of title 11, (a) For purposes of this section:
at the end, he tollowEn amended
section: rtlna (1) "Minor" means an individual younger than
Y11it Dbbiburin , Rte Seetloq l l7 years.
subecrlgtka 4k Ir loans, areierfal by able at (2) "Harmful material" means material whose
Scene 14 oever 41°w sly utters any
dominant theme taken as a whole,
l matter b Ne a or etstrlbuta Ny obace (A) appeals to the prurient interest of a mi-
1 Script ton set, or able G1 8
1 'shed by unpr wnen televlelon, S an or i nor, in sex, nudity, Or exCr'tian;
ye.n a by it o went tae sloe
ne in
wit (8) is patently offensive to prevailing star,. be pun.
dtle,orboty a th~ya r Jards in the adult community as a whole with
trmuieMnea~eedu to Ien Section the Gee •d t respect to what is suitable for minors; and
Glen Jere DroadK+t. o kwftweetsk mis. inc, retrLog ns, ~ 1
►ire (C) is utterly without redeeming social value
,,r`";"ID Dr , in -Ikve, or gal uditre r for minors.
/ ~7rCe or prOVtde Tatertalfo 111 Or G
rf/ty/ ~~~~~~aaaaaaYYYYYYytrn~
fth d4tri. (b) A person commits an offense
Comm unl if, knowing that
t HdhIne in I I+.cha. ter, the material is harmful:
ntl0M tW llry Act or or th oCabt
other prorulOn or 14dcrea law y 04K r
lnN an (1) and knowing the person is a minor, he sells,
the felfere n pr"rApt
itiv the power o distributes, exhibits, or
thereon, to re s Dol)tJeal possesses for sale, d stri•
sutatc the utte Odlvl JO
th buGon, or exhibition to a minor harmful material;
It obscene or otherw ring of weuate
oyy
the C (2) he displays harmful material and is reckless
tnalGr that y tit "On lee t+n a` the Protected b distribution ar about whether a minor is present who will be
j tested p r the °bsCMuOr Or
Consert
tf 0 otherwise unpro Offended or alarmed by the display; or
means or able teIrv" a or au EsertSOp Ion
~Mrvka on kln4lon (3) he hires, employs, or uses a minor to do or
10n+ at a It 0etatry _Th0 table o1 accomplish or assist in doing or sccomp)ishing
true l ~uhnlno of r 7 of y, any of the acts prohibited in Subsection
At ake the tolloM`lttrr umad" (b1<1) Or
by qp (b)(2) of this action.
"lsM. ~tet+IbWine obsoene tnaGrW Is ~4 - 1 (C) It is t defense to prosecution under this sec.
stone. Or euteeerlpelon selevl W tion that:
(1) the sale, distribution, or exhibition was by s
person having scientific, educational, governmeor
tal, or other similar Justification; or
(2) the gale, distribution, or exhibition wait to a
minor who was accompanied by a consenting par.
OC ent, guardian, or spouse.
(d) An offense under this section is a Clans A
Dollar -tot !9l`. misdemeanor unless it is committed under Subsee•
oyn
a or
~ ~C lion (bX3) of this section In which event it is a felony
rho r neiers or of the third degree.
citizens Denton police clerk: Acts 1973, 63rd beg. P, 083, ch 39Y, 1, off. Jan. I, 11171.
III ob coacarI? Departise
econa vi i the gal 11 has rs
tq tr yhich daf ngo tepee. A aC f obscene sit ivad rt°'ASreUs
Intent t0 sail er III a' ' Obscene e tffathis letter la and the gales orta froat Region
the Doper aaejto bit advise care ie a viol ti hoof the is f this eteri obace =ty
nt. Your d that thi w. al frith
VDltlntary coops ration law will
is se enforced by t
tTar pprselatedr he Denton police
Field o thbotle cap r-Q
? rtr N. poise ions ea n
Dantoq'e ~ ksf 6?p rtrant
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i
A Resolution Pledging Support of Federal Legislation
Returning Local Control for the Regulation of Cable
Television.
Be it resolved by the City Council of Denton, Texas
Whereas, the Cable Deregulation Act of 1984 removed the
rights of municipalities to regulate the rates charged by
cable companies, and the channels carried by such companies)
and,
Whereas, the service provided by a sole cable company is a
public convenience and necessity like any other public
utility) and,
Whereas, since deregulation there has been a merging of cable
companies and program suppliers, causing virtual monopolies
to be createdl and,
Whereas, citizens and municipalities have historically held
the right to regulate and oversee the rates and services and
public utility monopolies.
Now, Therefore, be it resolved by the Mayor and City Council
of the City of Denton, Texas, that the City of Denton, Texas
supports proposals for the reregulation of the cable industry
which allows the franchising authority toi
1. Control the basic rates for cable service.
2. Require a minimum level of public access services to be
provided.
3. Require a minimum number of over-the-air channels to be
provided.
4. Eliminate additional monthly fees for multiple hookups
at one residence.
I Be It Further Resolved, that federal legislation be
supported whichi
1. Makes programming available to cable's competition (dish
owners, over-builders, direct broadcast satellite, S4ATV,
etc.) by prohibiting cable operators from entering into
exclusive territorial contracts with programmers and to
prohibit programmers from offering preferential volume
discounts to cable companies.
2. Permits alternative technologies to compete with cable
systems by removing artificial barriers created by vertical
and horizontal integration between cable companies and
program suppliern and by unnecessary federal regulations.
Further, the Denton City Council resolves to authorize the
Mayor and City Manager to write Congress in support of
legislation to enable local municipalities to regulate cable
companies and allow alternative technologies to compete.
effectively.
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AN ORDINANCE ACCEPTING COMPETITIVE, SIDS AND AWARDING A CONTRACT
FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City has solicited, received acid tabulated
Competitive bids for the purchase of necessary materials, equip-
ment, supplies or services in accordance with the procedures ul
state law and City ordinances; and
WHEREAS, the City Manager or a designates] employee ties
reviewed and recommended that the herein described bids are the
lowest responsible bids for the materials, equipment, supplies or
services as shown in the "Sid Proposals" submitted therefor; and
WHEREAS, the City Council has provided in the City Budget for
the appropriation of funds to be used for the purchase of the
materials, equipment, supplies or services approved and accepted
herein; NOW, 111EREFORE,
711E COUNCIL OF 111E CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the numbered items in the following numberrd
bids or mA erials, equipment, supplies, or services, shown 111 1-1
"Bid Proposals" on file in the Office of the City's ' Purrl 'j.
Age.,t filed according to the bid number assigned thervLo,
hereby accepted and approved as being the lowest responsible bills
for such items:
BID ITEM
NL11BER N0. VENDOR AMOUNT
i il74 ALL SPARTECH FILM _ _1178g200.OO
1177 __&L4... CANNON UNIFORMS CO. $ 27,912.50
I
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5 yB
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SECTION II. That by the acceptance and approval of the above
numbere tems of the submitted bids, the City accepts the offer
of the persons submitting the bids for such items and agrees to
purchase the materials, equipment, supplies or services in
accordance with the terms, specifications, standards quantities
and for the specified sums contained in the Bid Invitations, Bid
Proposals, and related documents.
SECTION III. That should the City and persons submitti.ng
approv, 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 bids, 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 61e acceptance and approval of the above
numbereT~i.tems 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
imme3 ate y upon its passage and approval.
PASSED AND APPROVED this day of s199o.
BOB CASTLEBERR ,Y MAYO[
A'17EST:
ENNIFEK E.1 ER , C '1' CRF.'1 Y
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCN, CITY ATTORNiY
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BY:
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DATE: December 11, 1490
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID 01174 REFUSE BAGS
RECOMMENDATION: We recommend this hid be awarded to the
lowest bidder-Spartech Film in the amount of $2.97 per roll.
Total bid award for approximately 60,000 rolls is
$178,200.00.
SUMMARY: This bid is for the annual contract to supply j
refuse begs for residential refuse collection to the City of
Denton. They are 30 gallon in size, 1.5 mil thick and
packaged 52 per roll. Bags are made available to all
residential refuse customers in March and September of each
year. Additional bags are available for purchase at
several city locations during normal business hours.
Several other smaller cities, school districts and tax
supported entities also purchase bags from the City of
Denton. '
~ j
BACKG_ROUNDt Tabulation Sheet.
PROGRAM,L__DEPARTMENTOR GROUPS AFFECTED: Solid waste
residential refuse collection department, warehouse and
residential refuse customers.
t
FISCAL _IMPACT: These bags are maintained in the warehouse
stock and purchased for redistribution as needed from working
capital funds account 0710-043-0582-8703.
Respectfu y submitted:
-Lloyd Harre-
City anager
Approved:
-
Name: Tom D. Shaw, C.P.M.
Titlet Purchasing Agent
TS/jh
087.DOC
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BM i 1174 I I I I 1 I I
I I I I I I I
I I 1 I I I I
BID NAME REFUSE BAGS I PCLY-M MCA I BMS 00. 1 MOLT I UM-PAK I AMW I SPAFUM 1
I I I RAMCS I I I I
I I I I I I I
OM DATE NWRIM 15, 1990 1 I I ! I ! I
} I I 1 I 1 I
ymm i j j I I I I I
I _I_ k I I _I I
i t Qn I r11 EEMPrICN I VFT M I vFtDOR I VEMCR I vrancR I VEW I VDM I
~I_I I I I __I_ I __I I
I I I I I I I I I
I 60M REFUSE BAGS RMU I 3.19 RL I 2.9911 I 4.90 RL I 3.46 RL I 3.03 RL I 2.97 RL I
I I I I I ! I 1 I
I I MWAO'AM ! POLY M4RICA43 I Bacs I SLQMT 1 M "AK I ARROW DO. l SPatr = I
I I I I 1 I I I FUM I
I I I I I i I I I
I i 1< LBW LOW tEwm PCLYI 7C% I Sax VAPM ! I BM I 40% I 45% I
I I I I 1 I I I I }
I f SM U YFS/W I YES I Yes I YFS I YES I YES I
i ; I I I I I I I
DEL VERY I 30 DAYS I 30 DAYS I I 21 DAYS I 7-14 DAYS I 14-21 DAYS I
I I I I I I f I 1
I I I I 1 I f l I ~
I I I I I I I ~ ~ ~ r
1
I I I I I I i I ~
I i I I I I I I f
I I I I I I I I I
I I I I f I I ~ ~
f I I I I I I I I
I I 1 I I I I 1 I
I I I i I I I I I
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r., DATE: December 11,1990
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CITY_COUNCIL-REPORT
14 TOs Mayor and Members of the City Council
V
PROMS Lloyd V. Harrell, City Manager
SUBJECT: BID 01177 FIRE DEPARTMENT UNIFORMS
•ns RECOMMENDATION: We recommend this bid be awarded to the
Cannon i
$27,912,50 with pricirg for additional uniforms, aif unneeded
firm for 1 year.
SUMMARYs This bid is for the purchase of 250 shirts and 250
pants manufactured from Nomer Aramid III fire retardant
material. Association T(NFPA)astandard me1975 "Station/WorkeUniformot for
Fire Fighters" latest edition. The quantities represent 3
directlyrontogthershiwith rts,name and rank
mete of
iinsignuneifo%ma for each
BACKGROUNDS Tabulation Sheet.
PROGRAMSLDEPARTMENT_OR OAOUpS_AFFECTED: Fire Department and
Hire Department Personnel,
FISCAL IMPACTs This purchase will be funded from 1990-91
budget_Eundss
$21,500,00 from sect. #100-060-0051-8108 Uniforms
61412_50 from acct. #100-060-0051-8121 Protective
27,912.50 TOTAL cling
Respectf y submitteds
Lloyd 17 Harrell
City Manager
Appcrovedi
Nsmes Tom D. Shaw, C.P.M.
TitlesPurchasing Agent
TS/jh
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BID 6 1177 I I I I I I
I I I t I I,
I I f I I
BID NAME FIRE DEPARTMENT UNIFORMS I MARTINS I WORKRITE I WORK WEAR I HORACE SMALL I CANNON'S I
UNIFORMS f UNIFORM CO. I I I UNIFORMS I
I I ! I I
OPEN DATE NOVEMBER 20, 1990 1 I f I 1
1 i j I 1
ACCOUNT 4 f
_ I I_ I I_ 1 _ I
I QTY I ITEM DESCRIPTION I VENDOR I VENDOR I~ VENDOR I !_VENDOR I VENDOR I
I Ir I I ly I^
I I 250 EA SHIRT 1 49,15 EA 1 61.78 EA I NO BID I NO BID 1 45.45 EA I
I I I I I I I I,
I I 250 EA PANTS I 64.75 EA I 57.82 EA I NO BID I NO BID I 66.20 EA I
I I SEW 2 PATCHES I N/C I .90 f I I N/C
j DELIVERY i 60 DAYS 1 60 DAYS I I I 60 DAYS
I I I 1 E I IREORDER 30 DAYSI
I SAMPLE !AVAILABLE UPON I YES I I YES I I
I 1 REQUEST I F.D.B. I I I I
I I I I CALIFORNIA I 1 I I
I I f I I I I I
I I TOTAL COST 1 $28,626.00 1 00,125.00 1 I I $27,912.50 I !
I I I I I I I i j
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NO.
AN ORDINA14CE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR TR E
AWAR OF CONTRACTS WOaXS OR
FOR THE EXPEN ITL EFOOF PFBUNDS THEREFOR; LAND VPR~OVIDING RFOR IAN
nv+y` EFFECTIVE DATE.
WHEREAS, the City has solicited, received and tabulhtod
competitive bids for the construction of public works ur
improvements in accordance with the procedures of state law unQ
City ordinances; and
WHEREAS, the Cityyy Manager or a designated employee has
receid lowest responsible bids dforatheh construction sof the bids are
or imrovements described in the bid and plans and specifications therefore; invitation, aTHEREF RE, proposals
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the following competitive bids for the
spdescribed in ecificationston
construct o b"Bid works Proposals" or improvements, sand as
"Bid Invitations", 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: 0
CONTRACTOR AMOUNT
B1 DD NLMBER
~~o cco nn
'11~,__ .n mnrrcvv vWrF fY1 _
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SECTION 11. That the acceptance and approval of the above
compet t ve s shall not constitute a contract between the City
and the person submitting the bid for construction of such public
works or impraccepted ovements herein n specified din the
person shall comply with all rquir Notice
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to Bidders including the timely execution of a written contract
and furnishing of performance and payment bonds, after notifi-
cation of the award of the bid.
SECTION III. That the City Manager is hereby authorized to
execute a necessary written contracts for the performance of
the construction of the public works or improvements in that dance
with the'bids accepted and approved herein, provided
contracts are made in accordance with the Notice to Bidders and
Bid Proposals, and documents relating thereto specif i ng the
terms, conditions, plans and specifications, standards, q
and specified sums contained therein.
SECTION IV. That upon acceptance and approval of the above
execution of contracts for the public
cumpe t ve 3s and the
works and improvements authorized fundsherein, thee manner Cand ;unciiln
hereby authorizes the expenditure authorized
the amount as specified in such approved bids and author
contracts executed pursuant thereto.
andordinance shall become effective
SECTION V. That this
imme ate y 'upon its paisage approval.
1990.
PASSED AND APPROVED this the day of _
I BOB CASTLESERRY, MAYOR
ATTEST:
h ll " RY
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY:
PAGE 2
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DATE: December 11, 1990
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council'
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID 01113 EVERS PARK BACKSTOP FENCING
RECOMMENDATION: We recommend this bid be awarded to the
lowest bidder Hurricane Fence Co, in the amount of
$22,569.00.
SUMMARY: This bid is for the construction of backstop
fencing, dugouts, benches and concrete drag boom for three
ball fields. These items are improvements to the Evers Park
recreatio, facilities. The backstop fencing will very from
15' high lc•hind home plate to 10' to 8' high along the bases
and dugouts to 5' high into the outfield area. The dugouts
are 7'x20' behind 8' fences and include 16' benches. All
fencing is chainlink and all poet are to be set in concrete.
3ACKGROUND: Tabulation sheet.
PROGRAMS.L_DEPAR_TMENT OR GROUPS AFFECTED: Parke 6 recreation
department and the citizens that utilize Evers Park.
FISCAL IMPACT: This bid will be funded from Bond funds for
Park fonstruction acct. 0436-031-GO88-8812-9101.
Respectf ly submitted:
~ h
Lloyd ff. Harrell -
City Manager
A proved:
c_
i
Namo: -Tom D. Shaw, C.P.M.
Titles Purchasing Agent
TS/jh
089.DOC
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BID 4 1173 I t
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BID NAME EVER5 PARK BACKSTOP FENCEIBURRICANE FENCEI CLAY CONST. I
I CO. I CO. INC. I
OPEN DATE NOVEMBER 20, 1990 I t I
I ~ I
I
ACCOUNT ¢ I I I
~tv' i I
I ~ 14TY I-- -ITEM DESCRIPTION ----I--- - -t----- ----I
-VENDOR I VENDOR
t-----I--- I------- -------•------I
I I CONSTRUCTION OF FENCE I I
I I BENCHES 6 CONCRETE
I I DRAG BEAM I I
i I
I I LUMP SUM t I
I I I $22,569.000 I S27,500.000 I
ADDENDUM 1 I I
I I ~ YES I I
I I BID BOND I I
I ( i YES I YES I
I I TIME TO COMPLETE I 28 DAYS I
t I I I
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DATE: 12/11/90
CITY COUNCIL REPORT FORMAT
a
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TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: ADOPTION OF UPDATED SERVICE CREDITS AND ANNUITY INCREASES
RECOMMENDATION:
It is recommended that the City of Denton adopt an ordinance
authorizing implementation of Updated Service Credits and Annuity
Increases under the Texas Municipal Retirement System (TMRS) Act as
has been authorized by the City Council in the 1990191 budget.
SUMMARY:
The adoption of Updated Service Credits would bring our employee's
retirement benefits closely in line with their current salary.
Retirement benefits would be based on the average 36 month salary
preceding January 1, 1990 (years 1987, 1988 and 1989).
BACKGROUND: E
In the past two years, 1988/89 and 1989190, the City Council has
approved the adoption of Updated Service Credit and Annuity
Increases. The TMRS Act requires member cities to adopt Updated 1
Service Credits and Annuity Increases on an annual basis. The I
adoption of Updated Service Credits on a regular basis enables cities
to upgrade their retirement benefits to be more responsive to the f
effects of inflation.
As a part of the 1990/91 compensation package, the City Couru;il E
approved the adoption of Updated Service Credits and Annuity Increases
within the Retirement Program. The City is presently contributing to
the Retirement Program to provide 5% of an employee's salary which
means a 2 to 1 matching ratio benefit to employees. ;
If the City adopted this provision, the following would occur: {
o Benefits would be calculated based on the members' average monthly
salary for the three years (1987, 1988, 1989), prior to adopting
the Updated Service Credit ordinance (January 1, 1991).
o Benefits will be based on the January 1, 1991 deposit rate
confirmed at 5.40% by TMRS.
o benefits would be calculated based upon a 2 to 1 matching ratio in
effect on January 1, 1991.
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A comparison of the TMRS contribution rates for 1989190 and 1990/51
shows:
0 1989190 - 5.21% Overall TMRS contribution rate
.03% Updated service credit rate
YMY Total TMRS contribution rate
0 1990/91 - 5.37% Overall TMRS contribution rate
-03% Updated service credit rate
Total TMRS contribution rate
During the 1990/91 budget process, Council approved $12,314 (General
III Fund $7,388; All other Funds $4,926) for Updated Service Credit using
a rate estimate anticipating a rata increase from TMRS. After the
budget was submitted, TMRS confirmed the 1990191 rate to remain the
same as our current rate of .03% Tivs, the cost has been lowered
from the $12,314 approved by Council to $6,157, resulting in a savings
of $6,157.
Updating this program means that a members benefit would be
calculated on the basis of the higher wages the member has recently
received instead of his actual career wages.
Adopting this provision for 1990191 will allow us to provide l
continuing protection against inflation for both employees and current
retirees. Subsequent adoption of Updated Service Credits with each
budget year will result in more stable retirement contribution rates
over the years. The longer a city waits to adopt Updated Service
Credits and Annuity Increases, the more expensive it becomes.
s;
PROGRAMS, DEPARTMENTS OR GROLPS AFFECTED:
The adoption of Updated Service Credits and Annuity Increases will
affect all City employees eligible to participate in the Texas
Municipal Retirement System and retirees currently receiving benefits.
FISCAL IMPACT: J
Council approved $12,314 for updated Service Credit for the 1990/91 j
fiscal year. The actual cost as confirmed by TMRS for updating the
Service Credit and Annuity Increases is as follows for the 1990191
fiscal year:
General Fund $ 30694
Other Funds 2 463
TOTAL $
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NOTES The cost is calculated at .03% Increase for 9 months.
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Page 3 f
Respectfully Submitted:
Prepared by: lo yd arre
City Manager City Nana er
Thomas W. K nc , Director
Personnel/ oyee Relations
Approved:
K n, u ve Erector
Municipal Servic s/Economic Development i
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ORDINANCE NO.
AN ORDINANCE AUTHORIZING AND ALLOWING UNDER THE ACT GOVERNING THE
TEXAS MUNIrIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN
SAID SYSTEM FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH
SYSTEM WHO PRESENTLY ARE IN THE EMPLOYMENT OF THE CITY OF DENTON,
PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE ANNUITIES FOR
~y RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF THE CITY; AND
ESTABLISHING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSt
SECTION I. Authorization of Updated Service Credits.
T (a) On the terms and conditions set out in Sections 63.401
through 63.403 of Title 110B, Revised Civil Statutes of Texas,
1925, as amended, each member of the Texas Municipal Retirement
System who has current service credit or prior service credit in
said System in force and effect on the lot day of January, 1989,
by reason of service in the employmant of the City of Denton, and
on such date has at leest 36 months of credited service with said
system, shall be and is hereby allowed "U dated Service Credit"
(as that term is defined in subsection (d of Section 63.402 of
said title) in an amount that is 100% of the "base Updated Service
Credit" of the member (calculated an provided in subsection
of Section 63.402 of said title). The Updated Service Credit
hereby allowed shall replace any Updated Se:vice Credit, prior
service credit, , ecial prior ser,rice credit, or antecedent
service credit previously authorized for part of the same service.
(b) On the terms and conditions set out in Section 63.601 of
said title, any member of the Texas Municipal Retirement System
who is eligible for Updated Service Credits on the basis of
service with this City, and who has unforfeited credit for prior
service and/or current service with another participating munici-
pality or municipalities by reason of previous service, and was a
contributing member on January 10 1990, shall be credited with
Updated Service Credits pursuant to, calculated in accordance
with, and subject to adjustment as set forth in said 63.601.
(c) In accordance with the provisions of subsection (d) of
Section 63.401 of said title, the deposits required to be made to
the Texas Municipal Retirement System by employees of the several
participating departments on account of current service shall be
calculated from and after the date aforesaid on the full amount
of such person's earnings as an employee of the City.
SECTION II. Increase in Retirement Annuities.
(a) On terms and conditions sot out in Section 64.203 of
Title 11089 Revised Civil Statutes of Texas, 1925, as amended,
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the City of Denton hereby elects to allow and to provide for payy-
went of the increases below stated in monthly benefits payable by
the Texas Municipal Retirement System to retired employees and to
beneficiaries of deceased employees of this City under current
service annuities and prior service annuities arising from service
by such employees to this City. An annuity increased under this
Section replaces any annuity or increased annuity previously
granted to the same person.
(b) The amount of annuity increase under this Section is
computed as the sum of the prior and current service annuities on
the effective data of retirement of the person on whose service
the annuities are based, multiplied by 70% of the percentage
change in Consumer Price Index for All Urban Consumera, from
December of the year immediately preceding the effective date of
the person's retirement to the December that is 13 months before
the effective data of this ordinance.
(c) An increase in an annuity that was reduced because of an
option selection is reducible in the same proportion and in the
same manner that the original annuity was reduced.
(d) If a computation hereunder does not result in an increase
in the amount of an annuity, the amount of the annuity will not be
changed hereby.
(a) The amount by which an increase under this Section
exceeds all previously granted increases to an annuitant is an
obligation of this City and of its account in the municipality
accumulation fund of the Texas Municipal Retirement System.
SECTION III. Subject to approval by the Board of Trustees of
Texas un c pa Retirement System, the updated service credits
and increases in retirement annuities granted hereby shall be and
become effective on the lot day of January, 1991.
PASSED AND APPROVED this the day of December, 1990.
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301 CASTLEBERRYg MAYOR
ATTEST.,
JENNIFER WALTERS, CITY SLCRETARY
BY:
APPROVED AS TO LEGAL FORH:
DEBRA A. DRAYOVITCHs CITY ATTORNEY
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TEXAS MUNICIPAL RETIREMENT SYSTEM RS NORTH IBOX RSTATE
POST OFFICE 10% 7:35
AUSTIN. TEXAS 11161 .
i July 19, 1990
Mr. Thomas Klinck
Personnel Director
City of Denton
213 East McKinney
Denton, Texas 16201
Dear Tom:
i As per Ike's recent request, enclosed is Updated Service Credit and Annuity
Increase Study with the additional plan(s) the City wants to consider.
I
Should you have any question or if we may be of any assistance In this or any
retirement matter, please do not hesitate to call on us.
Sincerely,
g ry W. Anderson
sistant Director
GWA/dh
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UPDATED SERVICE CREDIT AND ANNUITY INCREASE STUDY
EXPLANATION OF PLANS
TMRS member cities have the opportunity to annually adopt Updated Service Credits and
Annuity Increases, providing cities the opportunity to upgrade retirement benefits for both
active employees and retirees who are currently receiving a monthly amulty from the System.
If the City adopts 100% Updated Service Credit, a member's retirement benefits wW be
recalculated based on the member's average monthly salary for the three-year period of 1987s
1988 and 1989, assuming the member had always earned that average salary and made
contributions to the System, matched by the City, on the basis of the three-year average
salary. In other words, a member's retirement benefits are "updated" based on the higher
wages earned in recent years. In addition, if the City has increased the employee contribution
rate and/or the City's matching ratio, the new Updated Service Credit will reflect those
changes. If the City adopts Updated Service Credit of less than 100%, the percentage adopted
will be used In calculating the member's benefit credit.
The proposed plans on the Updated Service Credit Annuity Increase study are prepared as
follows:
1) The first plan Includes Updated Service Credit, along with the optional provisions
of S.B. SOS and/or 10 year vesting, If the City has not previously adopted these
provisions.
2) If your City has a matching ratio other than 2 to I or an employee deposit rate
other thin 7%, additional plans will be shown with a higher City matching ratio or
a higher employee deposit rate. These plans will also Include the optional
provisions of 5.13. 305 and/or 10 year vesting if the City has not previously adopted
these provisions.
3) If your City requested any spedfic plans, dose plans will also be shown.
The City also has the option to adopt Increases in the monthly annuities Wirt paid to its
retirees. Most cities adopt annuity Increases along with Updated Service Credit, and do so
each year. The increase that can be granted to rets is calculated based on a mulmunn of
70% of the change In the Consumer Price Index (CPI-U), lea any previously granted Increases.
The change in CPI is measured from December preceding the individual's actual retirement
date through December 1989.
By adopting Updated Service Credlt/Annuity Increases each year, the City can provide a
retirement program that keeps benefits In line with Increases In employee's salaries, in
addition to protecting retiree's monthly retirement amultks from the effects of Inflation. As
an additional consideration, cltks that adopt these benefits on an annual buds experience
smaller changes In thek contribution rate on a year-to-year balls.
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UPDATED SERVICE CREDIT AND ANNUITY INCREASE STUDY
358 - CITY OF DENTON EFFECTIVE DATE JANUARY 1, 1991
1. UPDATED SERVICE CREDITS
PROPOSED PLANS
PRESENT PLAN 1 2 3 4 5
DEPOSIT RATE 5.00% 5.00% 6.00% 7,00% 5.00%
MAICHING RATIO 2.011 2.0/1 2.011 2.0/1 2.011
VESTING 10 YRS 10 YRS 10 YRS 10 YRS 10 YRS
S.B. SOS OPTIONS NO YES YES YES ND
UPDATED SERVICE CREDIT 100(90) 100% 100% 100% 100%
CONTRIBUTION RATES 1990 1991 1991 1991 1991 1991 1991
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1 NORMAL COST 4117 4.34 4.49 5,38 6.28 4.34
PRIOR SERVICE 0.83 0.79 0.84 1.17 1,61 0.77
SPECIAL ADDITION* 0.01 0.01 0.02 0.01 F
k` RETIREMENT S 03 •S T3 "S -m 7.31 'j
SUPPLEMENTAL DEATH(AAR) 0.24 0.25 0.25 0.25 0.25 0.25
TOTAL RATE I%1 '3( 3?8 339 "~BT TC6 3°37
UNFUNDED ACTUARIAL LIABILITY($) 2666204 2939926 4123571 5700240 2698800
j AMORTIZATION PERIOD IN YEARS 24 25 25 25 25 25
li
II. ANNUITY INCREASES r
PROPOSED PLANS
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PERCENTAGE OF CONSUMER PRICE INDEX (CPI-U) 70 60
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{ ADDITION TO THE PRIOR SERVICE CONTRIBUTION RATE 1%) 0.03 0.01
ADDITION TO THE UNFUNDED ACTUARIAL LIABILITY (S) 120085 49332
TO DETERMINE THE CITY'S CONTRIBUTION RATE UNDER VARIOUS COMBINATIONS OF UPDATED SERVICE CREDITS AND ANNUITY INCREASES ADD
THE TOTAL RATE UNDER THE APPROFRIATE UPDATED SERVICE CREDIT PLAN TO THE PERCENTAGE RATE SHOWN UNDER THE VARIOUS ANNUITY
INCREASE PLANS.
•ADOITION 70 PRIOR SERVICE CONTRIBUTION RATE FOR SPECIAL UPDATED SERVICE CREDITS FOR TRANSFERS. THERE WERE 14 ELIGIBLE
TRANSFER EMPLOYEES FOR IHE CITY ON THE STUDY DATE.
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ciry of DENTON / 215 E. McKinney / Denton, Taxes 78201
MEMORANDUM
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DATE: December 5, 1990
TO: The Mayor and Members of the City Council
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FROM: Vic Schneider, Tax Technician
SUBJECT: AN ORDINANCE APPROVING THE TAX ROLL FOR 1990
The approval of the tax roll is an annual process required by
the Texas Property Tax Board to make the tax roll legal. The
Tax Technician recommends the approval of the 1990 'Pax Roll ii
the amount of $12,967,044,26.
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APTRGVING THE 1990 TAX
ROLLS) AND PROVIDING FOR AN EFFECTIVE DATE.
THE L-OLWCIL OF THE CITY OF DENTON HEREBY ORDAINSt
SECTION I. That the City Council hereby approves the 1990 Tax
Rolls of the City of Denton, Taxas in the amount of $12,967,044.26
based on the Certified Appraisal Roll as approved by the Appraisal
Review Board of the Denton Contra: Appraisal District.
SECTION II. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of December, 1990.
BOB CASTLEBERRY, MAYOR
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ATTESTt
JENNIFER WALTERS, CITY SECRETARY
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APPROVED AS TO LEGAL FORY,!
DEBRA A. DRAYOVITCH, CI71 ATTORNEY
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RESOLUTION NO.
A RESOLUTION POSTPONING THE REGULAR COUNCIL MEETINb OF JANUARY 1,
1991 TO JANUARY 8, 19917 AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the regular council meeting of the City of Denton
scheduled for January 1, 1991 is hereby postponed to Janumrv 8,
1991; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVESt
SECTION I. That the regular Cornoil meeting to be held on
January 1, 1991 be postponed until January 8, 1991.
PASSED AND APPi<OVED this the day of December, 1990.
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BOB CASTLEBERR7, MAYOR I
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ATTESTt
JENNIFER WALTERS, CITY SECRETARY
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DEBRA A. DRAYOVITCH, CITY ATTORNEY
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r DATEt December 3, 1990
CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
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FRGS: Lloyd V. Harrell, City Manager
SUBJECT: rCk;UPATIONAL INJURY BENEFIT PROGRAM
P.ecommendations
Staff recommends approval of an amendment to the occupational Injury Benefit
Program (107.06) and the Wage Continuation Policy (107.07).
SUMNARYt
The new Texas Workers' Compensation Law will become effective on January 1, 1991
and will dramatically revamp the state's three billion-dollsr workers' compensation
system. Changes in the Act also mandates that the Ctty revise related City
policies currently in effect. The proposed policy addresses necessary changes and
combiner the two existing policies into a single comprehensive document. The new
policy provides wage supplements for injured workers in addition to workers'
compensation benefits.
Backgrounds
A synopsli of the New Workers' Compensation Act is attached.
Programs, Departments or Groups Affectedt
Every city employee and division will be affected by this policy.
Fiscal 71kscts
The financial implications of the new Worker's Compensation Act will not be known
for some time. In theory, increased weekly benefit paymects will be offset by the
revised legal and medical aspects of the new act. The impact on the City's Risk
Retention Fund will depend more on our ability to reduce occupational injuries than
on the new act.
Respecef lly submittedt
L oy . Harre
City Manager
Prepared byt
Approvedi
ohn . McGrsne
Executive Director of finance
35377
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TEXAS WORKERS' COMPENSATION LAW
SENATE BILL 1
EFFECTIVE JANUARY 1, 1991
N a tes~lt oflegislative acrioo, Texaswi 0 how a oewworken' oompenutian MONEY BENEFITS
act effective January 1,1991, Generally. the Act applies tocla lms for Injuries
occurring on or all shot date, to calculating the Injured worker'I avenge weekly wage, the law sues a
Workers' compensation land mandatory for employers acept as provided percentage based oa the t"oen weeks of pre-injury wages divided by
l n:mv" InAnickWhforpolitlulsubdMetion.Coverage is mandatory fapolitkal thirteen. Special rutnappy,Mvwa,when the injured worker hat worked
subdivisions. Thepr Asionaemptingpotitialsubdivloloafronaempimry for Ier than thirteen weeks, la" part-time emptoy,e, meswnal emi lyet,
damages is artied fonb In the new Act. minor, apprentice, trainee or a student. Wmges also in Jude other forms of
renumention such u board, 1,odSiaj, laundry, fuel and employer
oonWbutiats to health iasunna.
f TEXAS WORKERS, COMPENSATION COMM19510N
LLLL~~~~ The taonty beoetiu see prod wacky and art wbJad to certain mai m lams and
minimums of the Suit Average Weekly Wage (SAWW). The Tama
Article II of the comp taw eslablishes the Texas Workers' Compenutkon Employment Commiuloa Issues the SAWW annually based on the
Commission (TWCC) which is comprised of six persons - three employen manulacturing and production workers'wee{a for the pioryesr.
and three labor representatives • who are chosen by the Governor and
confirmed by the Senate. The Commission muslmdoptrules fortheagency
and select the aecatlve director who serves to manage the day-to-day 1LV81, OF > 'ONEY BENF[TPS
business o(tht agency. The agencywi I I have b offices i h rougltou t the nut e
to efkctively administer the provisions of the iaw. The law pwMem five different bent levels.
Iniiuity the commission will be made of seven divisions appointed by the 1. Temporary Income flenefns( R) are paid weekly until the injured
aeeutivedirector. Them divisions art designated as Adminisiratwn;Data worker pommel maximum medial improvement or 104 weeks. TI0
Services; Medial Review; Hearings and Review. Health and Safety, Risk bell as to adcrue on the eighth day after Injury and diubllity. Benefits
Management; and Compliance. an based on 70% of the worker's AWW but cannot exceed 100% of
or be keg than 1! % of the SAW W.
the SAW W
Maher new area undo the TNCC Is the ombudsman program.
Represtnlativa of this division have a primary raponsibihty of informing
InJuredworkere of their righta,iavatlplingoomplianis,commuokatinIwitb S, Impart lrtcome Bewflu (IIB) are paid weekly based on the
employers, carriers and health tan prwiden on behalf of the injured impairment ntfogouttloadinthe Guidaiepvalu liomofPtrmanent
workers. It Is a Clam Cadministrative vkAstloo(aline up to $1,000)foe the Impsinromy711tin(Edition. For every percentage orImpslrmenlinto,
employer to fail to notiy their employees of this service In a manner thainjused w--ttr4entitled toihrteweeksofll& Thetenarklevells
prwAbed by the Commission. determined by', %%of the wockeraAWW subject to s mu m um cf 7o%
of the SAW W or s minimum of 13% o04 SAWW.
L ADMINL9TRA11ITYB PROCEEDINOS
S. Supplemental lnoowBeaenu(SIB)am svailabkto employees who
The Hearing Division will overeat the four major area for disputed suffer a15%or Vista permanentImpairment, Thaebenefrtsewnbe
resolution which ore. BenefitReview Con!trence(BRC)•Contested Cate psWilthetmplgwtmnoereturetdtoworkorhuRlWcumim$W
Hem rings (CCM. Arbiinibee and Appals Panel. than 81 of their AW W of a direct fault of tht impairment. Bcnofu
are paW based on AO%diffennce of AWW priaand a fierinjury w bjea
The Commission may order, or in Injured water may request, a Benefit to a madmum of 70% or SAW W sod a minimum or IA of SAWW
ReviewConference. The BaCwi11be handled by beMflt review officers for
the purpose of aplaining only and N writing the rights of the respective UfalaxlnoomaBen.Bu`US)andeslgnatedforslsapteiMd InJurltt
ponies. T u offtaf will disetw the taco of the claim, review Ivallabk pork u lossorbaharms, epee pettwnem paralysis Wearies in
Hearing cbn,hasnddulresolve, ed ed to homer the wheraporstlidhpuudW[NUN IN not rwhow p,gsbk ,sse~andannotseemed 100% ortheSAWWWofbeisuthto
ea e? IIRC kwi. linno to 199A beak coastline
both p&Ml parka " aim to binding ng fS% or the SAWW. Subod to ihae madmums and minimums,
at the BRC (&gl h agree kind is are k1 at 7!% or tht AWW mod then Is an inn oil !A
arbhnikona0ertha8RC.) A CCHwBIMmtduled bys haAngofbflarand
wi11beIntheformatdasinfonullAdwUlaln htfLtbe(sew added to the beneBu
tsNtnesaes and evidenee to
resolve inputs cwt proviously twacludrd it the BRC kvrk The CCH *Mver
will raga a doci aloe on the Bndinp of fad and ooedwboa of Iw result Log Death UateBuere weeklypeymenu made to Ixndiciartes after a fatal
N an award The "ward V a 41st by Naha parry to an Appals Pend Injury w a wallop. Golan ty Ibw le edis are payable fo the Wow reverse atntender rrrmmtMCCHtiedalonputy
andchildeeea,(eartalscows, othaWhafleisMa.PaWu73%ofthe
roar at abet CCH lov.lll 711e . TW Appals Panel Paaneel l dom ere be aut loput be AW, that ~u in sobDlJectt to a minial of 100% of SAWW or
the has rIn$ o er at aha
appealed by either a won of N butte lesws ld a minimum d 11 %of the SAWW BtaeBtaare payable fa lift unless
mat UpyNbeIpaalied as "Ill at at the evidavidemnde to show till=ao ma ti en developed therebaremarrlagtlewbkhcomethespouse willna1ve104*"Mof
mat rasa willl be limited wen before the Commission, batteries,
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i MEDICAL BENEFTf3 EXTRA • HAIi1RDOV3 P.MPIAYER
An injured employs is entitled to hahtt are to cure and relim promae Ths Haub end Safety Didion aL,o has the ropowbility for implementing
recovery and enhance the ability d the employee to return err to retain
s pragnm b Idrotiry'rcon harardous employers'.
employment.
I I'm injured toploysieentitled to the initulclwiaotmtratlnidoctorbut The lem '°nn"haurdous" mans an employers injury frequent,
subaL&Adslyo=o&lbaeeraeoaablyapasediaUutemployer's business
additional choirs will need naification or approval of the TWCC, sled OnafdatiBe4
Additional provisions are Wooporatedas"Icontainment 4:1chaeseemed be miffed Oat the er Pi Identified nd euineunna aarierwll
employer has hr bees t b a 'onntheardoa'.
opinion prior to surgery t she spice. Also, the employs M6:1 m ore- µ,tyly Sp days, a safety consultation must be obu iced from the division,
nu' horiatioa for seals treatments xnu and service a eat out by Com mi mirioo employees insurance artier, or amber professional source. The Safety
Conaultaot shall nit swell tea report with the Commission and the employer
outlining soy lnarelow conditions or prect l a Identified. ne cotaula m
ATTORNEY AF?RESFMATION and the employer must then formulates spedfic Mold em preventbnplan to
address the hoards Identifled. The employer must comply with the
Attcrneyrs will mill be entitled to practice before the Commission at BRC, prenratfoo peognm, Afollow•ap lapeetioa wW come see months iner the
CCHor arbitration hartnµ Anlasunnce carrier maybe repression led by in preintollos program is lmplematled. If the follow-up shows that the
a tiorney or an adjuster, emplgar hascomplied with the tamaof the prevention p4n, tla Hates snd
Safety DivWat shaft ao oatify. However, itthe employer fails rte refuses to
Attorneys tea mat be based on time, labor, shill requ4ed, amount In implement Iprevention ptan,aClwBadmin4tntivevfatatk.(Ifineup to
usual fee in the vkinitybenenuaccrued to the injuredworker a $3.000) cube WAWforeach dayafeeoeompl4net. TheCoomission an
wail as the sitonsys orb lity and experience. Fees cannot exceed 1396 of the also DW en employer fs the reaonable oat of services provided through
employeesrecoveryandare subjentcapproval by theCommission orCnun. this prognm.
I YOUR DITITfiS AS AN EMPI.OYBR EM►lAYBR BIIL OF RIOHTl
1. You mint pat notice of workers' comperuuwn coverage In
conspicuous loatlora at your business. Each employee tout be Under the am law, ibis employer has the rolfowing rlghm
notified of your coverage. I. Ta be present et all adminlaira M proceedings noting loan
2 You must accept all repots d Injury when notified by in employee, employees claim.
1. You must maintain a record of injuries made known to you. 1 To present Mevent evidence at any pre veding.
a. You must nk Initial and subsequent Injury repots a required by the S. To report suspected freud.
Commission, e. To recehe ttaioe of any proposal to Mille a claim cr am prooesding
S. You must file & wage suament with the Commission witblo 30 days resaUng to she rsadutfoo of a claim.
ofyour receipt a( a notice d injury from the Commissloa.
S, Tooootattheoompenab0lryofaniNurylfthenrriuaccepuliablliry
6. All employees mutt be notified of the ombudsman program. for payment at benefits.
7. Etrhemployamust beadvised of the toll free telephone number 6. Toconlemthe eartlest failure to provide eaideatproventkaarvka
that an be trad to report s violation of as occupational health or under the Haith Sod Safety provisions of the law.
safety law.
L Employers that come under the 'Fairs Heurdaw Employees
Erogram" mum Implement an saident prop eatfon plan a ordered
by the Commission,
I. If you have 13 w moss employees you mum adopt a policy
daignmed to eliremare drug abuse end its theca to the workpiaoe.
I0. is Stty building ter ooarrtsmlon tanlraat YOU mum require the
anrumlor of wbooetrsceoe to artery In tantlng that the
contrwctor provides workers' compalisim miss to for all
employens.
WORKW HFS M AM IRAFM
To Heals b end Salary Damon is charged *0 sled duty of ooordfnm of and
enforcing the ImpNmen4tbo of state laws end nda Meting to th i Bast re'
halth and celery Issues.
nit division b smpowr»d to oolNd wtistial faforratiM ppuubWh
eduatlatal datalsla, to am* ate emplrymi god to faired carrier lost
caned ar*a
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RESOLUTION NO.
A RESOLUTION OF THE CITY OF D£NTON, TEXAS ADOPTING AN OCCUPATIONAL
INJURY BENEFIT POLICY: AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Denton, Texas has consistently maintained
a policy of ensuring the health and safety of its employees by
providing for workers' compensation benefits and wage supplemen-
tation; and
WHEREAS, the Seventy-first Legislature of the State of Texas
has made extensive changes to the law governing workers' compen-
sation benefits: and
WHEREAS, the above changes in Texas law necessitated a new
City policy to reflect these changes in the law: NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVESt
SECTI02I i. Tho following policy, attached hereto and made a
part hereof is hereby ador4-ed as an official policy of the City of
Denton, Texas=
409.1 Occupational injury Benefit Policy
SECTION 11. The foregoing policy is attached hereto and made
a part hereof and shall be filed in the official records with the
City Secretary.
SECTION Iii. That the foregoing policy 409.1 shall be
effective only for injuries sustained on or after January 10 1991.
Existing policies 107.06 (Occupational Injury Benefit Policy) and J
107.07 (Wage Continuation) shall continue in effect only for
injuries sustained before January 1, 1991. Existing policy 107.07 A
(Wage Continuation) is hereby .repealed, effective February 13,
1991.
SECTION IV. The Employee Rules and Regulations of 1976
adopted by Resolution of the City Council on February 1, 1977, are
hereby rescinded to the extent they conflict with the foregoing
policy and with any administrative procedures and directives issued
under the authority of the City Manager implementing the policy
hereby adopted.
SECTION V. That if any section, subsection, paragraph,
sentence, clause, phrase or word in this resolution, the attached
policy or the'application thereof to any person or circumstance is
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held invalid by any court of competent jurisdiction, such holding
l shall not affect the validity of the remaining portions of this
resolution or policy, a*d the City Council of the City of Denton,
Texas hereby declares it would have enacted sunh remaining portions
li despite any such invalidity.
SECTION ^I. That this resolution shall become effective on
j January 1, 1991.
PASSED AND APPROVED this the day of December, 1990.
f
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BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
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F CITY OF DENTON ►AGELOF_1G 1
FOLIOT/ADMININTRATIVR FROORDVRR/ADIIINIBTRATIVI DIRROTIVR
REFERENCE
NUMB
SECTION, ER:
L
¢4 FINANCE/RISK MANAGEMENT 409.1
1 : EFFECTIVE DATE
SUBJECT .
hx # EMPLOYEE BENEFITS AND SERVICES
TITLE. RE►LACE3 107106
OCCUPATIONAL INJURY BENEFIT POLICY 107107
p
E
{ POLICY STATEMENTS
It is the city of Denton's policy to provide worker's compensation benefits to
regular full-time, regular part-time, temporary and seasonal employees# as
detailed in Tex. Rev. Cive Stat. Ann# art. 8109h ithe 'Act'). This policy
seeks L~ establish procedures which ensure the efficient application of the
Act. The City also seeks to establish procedures which ensure the fair
application of a wage supplementation program for eligible full-time workers
who are injured on the job and ate unable to perform their regular duties as a
result of these injuries.
ADMINISTRATIVE PROCEDURBS
To DEFINITIONS
As 'Act' means Tar. Rev. Civ. State Anne art. 8109h (Vernon Supp.
1991)# or its successor, as same may be amended from time to time.
` B. 'Benefit' means a benefit received based on a compensabls injury.
r The term includes a medical benefit# an income benefit, and a death
or burial benefit.
l Co 'Business necessity' terminations occur when a division's I
productivity is adversely affected because an employes is unable to
perform his regular duties as a result of an on-the-job injury.
D. 'Compensable injury' means an injury that arises out of and in the j
course and scope of employment for which compensation is payable
under this Act.
E. 'Compensation` means payment of medical bennefits# income benefits,
death benefits, or burial benefits.
to 'Course and scope of employment' means an activity of any kind or 1
charactor that is related to and originates in the work, business# '
trade, or profession of the employer, and that is performed by an
employee while engaged in or about the furtherance of the affairs
or business of the employer,
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POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued)
REFItRaNct
TITLE= OCCUPATIONAL INJURY BENEFIT POLICY NU
M8RRR1 409.1
i
! 0. 'Full Duty Statua' shall mean that the employee has been certified
3 by his or her physician to assume his or her normal job duties
I without restrictions,
U. 'Impairment' means any anatomical or functional abnormality or loss
existing after maximum medical improvement that results from a
compeneable injury and is reasonably preaumed to be permanent.
1. 'Impairment rating' means the percentage of permanent impairment of
the whole body resulting from a compeneable injury,
J. 'Injury' means damage or harm to the physical structure of the body
and those diseases or infections naturally resulting from the
damage or harm. The term also includes occupational diseases.
It 'Maximum medical improvement' means the earlier oft
It the ,point after which further material recovery from or lasting
improvement to an injury can no longer reasonably be
anticipated, based on reasonable medical probability or
2, the I+xpiration of 104 weeks from the date income benefits begin
to accrue.
I
L. 'Nat after tax pay' shall mean the employee's regular rate of pay
after deductions for income tax withholding and social securitye
t
M. 'Net pre-injury wages' shall mean the total of all Net after tax
pay paid to the employee during the thirteen (13) consecutive weeks
immediately preceding the injury, divided by thirteen (13).
No 'Occupational disease' means a disease arising out of and in the
course of employment that causes damage or harm to the physical
structure of the body, The term includes other diseases or
infections that naturally result from the work-related disease.
The term does not include an ordinary disease of life to which the
general public is exposed outside of employment, unless that
disease is an incident to a compensable injury or occupational
disease.
0, 'Regular, full-time employees' are employees budiated to work at
least forty (40) hours per week on a continuing ba..s.
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POLICY ADMINIBTAATIV8 PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued)
e
rr~Lt TITLEt OCCUPATIONAL IFXJYY BENEFIT POLICY NUMBERS 409.1
P. 'Treating doctor' means the doctor who is primarily responsible for
} the employee's health care for the injury.
Q. 'Wage supplement' is that portion of an injured employee's salary
paid by the City to augment workers' compensation payments.
II. GENERAL RULES
j A. When an employee is injured within the course and scope of his or
her employment with the City of Denton, he or she may be eligible
f for Workers' Compensation payments pursuant to State law. Workers'
Compensation pays fort
l 1. reasonably required and necessary medical treatments
1, a statutory amount of weekly benefits in lieu of salary for
inability to work due to the injuryt
k 3. additional monetary benefits for permanent disabilities
suffered as a result of the injutys and
/s death benefits for widows and dependents of employees killed in
industrial accidents.
B. The Act applies to regular full-time, regular part-times and
temporary employees. The Act applies only to physical injuries and
0:cupational diseases that arise out of and in the course of
employments It does not apply to natural illnesses which ate not
caused or aggravated by any such physical injury, J
C. An employee who is injured on the job must notify his or her 1
supervisor immediately unless the injury is of a nature that
prohibits notification, such as unconsciousness-
D. The Risk Management office shall be responsible for the overall
supervision, coordination, and implementation of the City's
Workers' Compensation Program. All questions relative to the
specific application of the Act should be directed to the
Risk Manager, who will coordinate with the Legal and {
Personnel Departments, if appropriates
E. The City of Denton is not liable for workers' compensation ifs i
1s the injury occurred while the employee was in a state of
intoxicationt
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POLICY ADMINISTRATIVE PROCEDURE ADMINISTRATIVE DIRECTIVE (Continued)
REPERBNC
TITLE? OCCUPATIONAL INJURY BENEFIT POLICY NUMEERS 409.1
k 2e the injury was caused by the employee's willful intention and
attempt to injure himself or to unlawfully injure another
person?
3, the employee's horseplay was a producing cause of the injury?
4. the injury arose out of an act o! a third person intending to
injure the employee because of personal reasons and not
directed at the employee as an employee or because of the
employment?
5. the injury arose out of voluntary participation in an off-duty
recreational, social, or athletic activity not constituting
part of the employee's work-related duties, except where these
of or are expressly or
impltedlys reqare a uired by the employmenti or
6o the injury arose ont of an act of God, unless the employment
exposes the employee to a greater risk of injury from an act of
God than ordinarily applies to the general public.
P. In some cases, the position of an employee who has been injured on
the job may need to be filled due to business necessity. In such J
cases, his or her benefits under the Act will not be affected.
Terminations will be carried out in accordance with State law and
any policies of the City of Denton.
E G. No employee who is covered by the Act and whose employment status
1 is less than a Tull Duty status shall engage in any employment 1
whatsoever without the written approval of the Risk Management
Office and Personnel Department.
I
He Employees who have been injured on the job and %ho engage in any
secondary employment without approval of the Risk Manager and
Director of Personnel/Employas Relations, shall be subject to
disciplinary action.
III. SUPERVISOR'S 1E6P0NSIBILITIE8I
A. The supervisor shall ensure that all occupational injuries are
immediately reported.
B. The supervisor shall are ngs for a personal contact with all
employees who suffer lost time injuries. The supervisor or his
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f POLICY/ADMINISTRATIVE PROCEDURE/ADKINISTRATIVE DIRECTIVE (continued)
R
TITLEI OCCUPATIONAL INJURY BENEFIT POLICY NUMBERS 409.1
designee is encouraged to contact an injured subordinate employee
within forty-eight (48) hours alter the initial report Of injury.
Concern by the supervisor for the morale and well-being of an
injured employee can partially alleviate anxiwtioes Failure to
maintain contact with an injured employee may be interpreted by
that employee as a lack of concern on the pert of the Cttye
C. The supervisor should analyze all accident reports and take
appropriator corrective action to minimize the re-occurrence of
such accidents.
D. The supervisor shall also forward to Risk Management a completed
copy of the De2ynation of Duty Status form, which the injured
employee shall provide to him.
co A Fir at Report O1ntt InjUry Uorm E-1) mu6': be completed by the
department end seo the Risk Managemsnt office as soon as
possible, no later than three (3) calendar days after any
occupational injury.
F. An Employer's Supplemental Report of iniury (form E-2) must be
completed by the department and submitted to the Risk Management
Office within three (3) calerdar days of the date an injured
employee's Duty Status changes from working to non-working (l,ee, a
f previously injured employee who returns to work and begins to lose
time again due to the same injury) or non-working to working
status. These circumstances may recur numerous times and$ it so,
an E-2 must be completed at each status change.
If an injured employee does not return to work after sixty (60)
consecutive calendar days, an E-2 must be completed on the 60th day
and on every consecutive 60th calendar day thereafter.
The initiation and dlscontinuanee ot_ Workers' Comps ation
benefits is itiggo the completion and _timei submi slog
o! t,e E•1 torn. The E• fora mush be com feted and submitted
within three calendar days o the status chang44
O, if an employee is seriously injured or dles, the Risk Management
Office must be notified immediately. It the accident occurs other
than during normal working hours, the department should immediately
notify the Risk Manager at his residence.
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POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued)
,ti~~. ~ RBFERENC
TITLE: OCCUPATIONAL INJURY BENEFIT POLICY NUMBERt 409.1
H. Department Directors shall devote particular attention to making
sure that all provisions of this regulation are understood by both
i supervisors and employees in their departments. It is of
particular importance that Department Directors and supervisory
personnel require employees returning from an examination or
treatment to deliver a completed copy of the City's Designation of
Duty Status form as specified by this policy.
1. Each Department Director shall establish a policy statement
regarding accident prevention. The policy statement shall
establish realistic goals and objectives for controlling
€ occupational injuries.
f J. Each supervisor shall notify any injured employee of his or her
F obligation to contact the supervisor at least once each week, and
that failure to do so could subject the employee to disciplinary
r
action.
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l IV. INDIVIDUAL EMPLOYEES' RESPOMSIBILITIESs
A. Each employee who is Injured on the job must immediately notify his
or her supervisor when the injury occurs, unless the injury is of a
,P nature that prohibits such notification. The Act to quires an
employee to notify his or her employer within thirty (30) days of
the date of the injury and to report such injury to the Texas
workers' Compensation Commission (TWCC) within one (1) year. The
TWCC will send forms to the employee to be completed. An employee
may forfeit his or her rights to all benefits if he or she fails to
notify his or her supervisor or the TWCC.
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E. It is the responsibility of the em 1o ee injured on the job to have
the City's: Designation of Duty status Duty status form filled out by the
examining physician and returned to his or her supervisor
immediately.
C. An employee who is on occupational injury leave must contact his or
her supervisor at least once each week. If the employee is unable
t to make contact personally, he or she shall have someone contact ,
his or her supervisor on his or her behalf. The City must be aware
of the employee's status in order to plan and assign work duties
and responsibilities in an efficient manner. L
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POLICY/ADMSNISTAATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Contin"d-LU" -
MUMBERe 409.1
TITLEI OCCUPATIONAL INJURY BENEFIT POLICY
D. An employee who fails to contact his or her supervisor in
accordance disciplinary action einabaccordance with requirements the City's disciplinary
policy.
I
V, NON-CIVIL SERVILE EMPLOYEES' EMPLOYMENT STATUS
A. This section does not apply to employees governed by Chapter 143 of
the Texas Local Government Code, as amended.
shallanbeemployee
Be The pl or illness status
overnedhoinufaccordanceccwithiothe following provisionss
1. An employee shall be required to return to work immediately
when returnelto8ework when released x shallg result i in appropriate
disciplinary actione
2, An employee who is released to return to work
be resulted to
Full-Duty Status by the examining physician
work in a position or department other than his or her original
position or department. Mork duties shall be assigned in
a^.cordance with the employee's limitations and the beat
it interests of the City.
3, No less-then-full-duty assignments will extend beyond
one hundred twenty (120) calendar days after an injury,
Co A Workers' Compensation Committee shall be formed to review the ,
administration and implementation of the City's Workers'
Compensation Program. The committee shall meet as required# but
rates, cost,
per r
not loss than twice safety procedures# and RiskRetention fund status,
1
I, The committee shall be composed ofs
a, Deputy City Manager as Chairpersoni
1
be Risk Managed
c, Personnel Director or designs f and
d, Department representative(s).
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POLICY ADMINISTRATIVE PROCEDURR ADMINISTRATIVE DIRECTIVE (Continued)
P.EFERENCE
TITLES OCCUPATIONAL INJURY BENEFIT POLICY NUMBERS 409.1
We MEDICAL BENEFITS
A. Entitlement to Medical Treatments
14 An injured employee is entitled to all health care reasonably
required by the nature of the compensable injury as and when
needed. Medical benefits are payable from the date of injury
arising out of and in the course and scope of employment. The
employee is specifically entitled to health care thats
a. cures or relieves the effects naturally resulting from the
compensable injury#
be promotes recovery) or
c. enhances the ability of the employee to return to or retain
employment.
2e Except in an emergency, all health care must be approved or
recommended by the employee's treating doctors
3. Liability for medical benefits may not be limited or terminated
by agreement or settlement.
8. Right to Select a Doctor (effective until January 1, 19931
1. The injured employee is entitled to his or her initial choice
of a doctor. An initial choice of a doctor made by the
employer or medical treatment provided to an injured employee
in an emergency situation does not constitute the employee's
choice for purposes of this section.
a. The employee may change doctors once on submission to the
commission in writing of the reasons for the employee's
change in doctors*
be A third or subsequent doctor selected by the employee is J
subject to the approval of the City's Risk Manager of the 1
commissions
co Right to Select a Doctor (effective on or after January 1, 19931
A
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POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continuued)
TITLES OCCUPATIONAL INJURY BENEFIT POLICY NUMBER: 409.1
1. Except in an emergency, the commission shall require the
employee to receive medical treatment from a doctor chosen from
a list :f doctors approved by the commission. The employee is
entitles to the employee's initial choice of a doctor from the
commission's list.
2. If the employee is dissatisfied with the initial choice of
doctor from the commission's the
commission and request authoritytoemselect m an notify alternate
doctor. The notification should be in writing stating the
reasons for the change, except notification may be by telephone
when a medical necessity exists for immediate change.
VII. WORKERS' COMPENSATION INCOME BENETITS
A. Temporary income benefits.
1. An employee injured within the scope and course of his
employment with the City is entitled to temporary income j
benefits to the extent provided by the Act as the same may
hereafter be amended.
2. The Act provides that these benefits are paid weekly and accrue
beginning on the eighth (8th) day of disability. Temporary
income benefits continue until the employee has reached maximum
medical improvement or upon the expiration of 101 weeks from
the date income benefits begin to accrue, whichever is earlier.
'i
J 3. Temporary incr a benefits are paid at the rate prescribed by
the Act, as same may be amended. The Act provides that 1
these benefits are paid at the rate of seventy percent (70%) of
the difference between the employee's average wtskly wage and
the employee's weekly earnings after the injury. The Act also I
provides that if the employee's hourly rate is less than 48.50
per hour, he or she will be paid at the rate of seventy-five
percent (754) of the difference. ;
B. Impairment Income Benefits.
IiI 1. After maximum medical improvement is attained, employeos may be
awarded Impairment Income Benefits based on an impairment
rating determined by a doctor.
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POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued)
REFERENC
TITLEr OCCUPATIONAL INJURY BENEFIT POLICY NUMBERa 409.1
iJIf 2. Impairment Income Benefits are paid as established by the Act.
The Act provides for weekly payment at seventy percent (704) of
the employee's average weekly wage. Entitlement under the Act
begins the day after the employee reaches maximum medical
improvement and continues for a period computed at the rate cf
three weeks for each percentage point of impairment, or until
the employee's death, whichever is earlier.
C, Supplemental Income Benefits.
Employees may be entitled to Supplemental Income Benefits at the
expiration of Impairment Income Benefita, provided they meet
certain criteria established by the Act.
D. Lifetime and Death Income Benefits.
These benefits shall be paid as provided in the Act.
VIII. INJURY LEAVE WITH FAY ANA SENT-TERN DISABILITY
A. For the purposes of this section only, 'physician' and 'treating
physician' shall mean a fully accredited and licensed physician
authorized to practice medicine in the State of Texas and approved
by the City of Denton.
B. Wage supplement benefits for civil service em2loyess will be
administered pursuant to Section 143 of the Texas Local Government
Code, as amended.
1, Fire fighters and police officers subjact to Chapter 143 of the
Texas Local government code, as amended, are entitled under
Chapter 143 to a leave of absence for an illness or injury
related to the person's line of duty in lieu of a wigs
supplement. The leave is with full pay for a period
commensurate with the nature of the line of duty illness or
injury up to a period o: one year. The City Council may extend
this leave at full or reduced pay, Barring such actions the
employee may then use accumulated sick leave, personal leave,
or other accrued benefits,
2. An employee who is subject to Chapter 143 of the Texas Local
Government Code, and who is injured on the job will be paid
Workers' Compensation Indemnity payments in accordance with the
Act, Any and all sums for incapacity received in accordance
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` POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRgCTIVE (continued)
TITLM OCCUPATIONAL INJURY BENEFIT POLICY NZR M 3 404.1
1 with Chapter 143 of the Local Government Code, or any other
statutes now in force or effect providing payments for
incapacity due to work-related illness or injury, shall be
offset against the benefits provided by the Act to the extent
applicable. Any benefits so offset shall be paid by the City
or the employee into the employee's pension fund.
C. In addition to the benefits prescribed under the Act, the City of
Denton will provide wage supplement benefits beginning on the
eighth day after injury for regular full-time employees who sustain
an on-the-job injury their regular duties. anTo receive ethis / beare not nefits an l employeermust
meet the following conditions%
1. The employee must obtain treatment from a physician approved by
the City and must present a Designation of Duty Status form
from the treating physician stating that the employee is unable
to return to work.
2, The employee must be a regular, full-time employee. Temporary,
part-time, and seasonal employees, and probationary employees
with lose than six months active full-time service credit are
ineligible for injury leave with pay or abort-term disability.
D. Wage supplement benefits shall not be paid under the following
conditioner
If Wage supplement benefits will not be paid to employees who
become unable to perform regular or full-time work as a result
of any injury sustained prior to the date of employment with
the City of Denton. This includes any later aggravation or
re-injury while on the job with the City of Denton.
full-timework as a ieresult
2, bWage ecome un blento perform regular not
s injury
any later et aggwill the ravation City
upplement sustained benefits f for duty,
pay wage s or
ro-injury while on the job with the City of Denton.
i
3, Wage supplement payments will not be made to employees injured
while traveling to or from work, engaging in 'horseplay,' or
while they are 'intoxicated', as these terms are defined by the
Act,
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POLICY ADMINISTRATIVE PROCEDORE/ADMINISTRATIVE DIRECTIVE (Continued)
RE►EREMCE
TITLES OCCUPATIONAL INJURY BENEFIT POLICY NUXBERs 409.1
Employees injured while failing to follow established City,
Department or Division safety policies and procedures will be
ineligible for wage supplement payments.
i E. An employee shall forfeit all rights to any continued wage
supplement benefits if he or she:
1. Fails to give written consent for the release of all pertinent
medical information to the City of Denton prior to receiving
' wage supplement benefits, or later withdraws consent while
receiving wage supplement benefits.
2. Is found to be working for pay at any job not approved by the
Director of Personnel and not specifically recommended by the
treating physician.
3. Resigns for any reason while receiving wage supplement benefits.
Is discharged for any reason while receiving wage supplement
benefits.
S. Consistently fails or refuses to comply withs follow, or
consistently disregards or violates the treating physician's
instructions regarding treatment of his or her injury.
6. Retires or dies while receiving wage supplement benefits.
7. Refuses to perform light, partial or part-time duty when
offered by the City and authorized by the treating physician.
S. Refuses to accept or perform a different job with the City
offered by the Director of Personnel when it is within the
employee's physical capacity and if he or she is qualified or
can be trained.
9. Falsifies or misrepresents his or het physical condition or
capacity while receiving wage supplement benefits.
10e Refuses to return to regular duty on the next working day after
he or she has been released to regular duty by the treating
physician.
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Ile falls to contact and notify his or her immediate supervisor on
a weekly basis of his or her condition and expected date of
return.
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POLICY/ADNINISTRATIVE pROCEDURE/ADMINISTRATIVE DIRECTIVE (continued)
%11 y,
REFERIFICK-
TITLES OCCUPATIONAL INJURY BENEFIT POLICY NUMBERS 409.1
12. Refuses to be treated by a physician approved by the City or
fails to provide certified documentation from the treating
physician stating that he or she is not able to return to work.
P. Wage supplement benefits will not be paid for any relapse or
re-injury after the expiration of one year from the date of the
original injury.
G. Administrative procedures:
1. Wage supplement benefits will be provided in accordance with
Attachment One (1). The amount and length of time of such
benefits will depend upon the employee's length of service with
the City.
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2. The total amount paid to an injured employee while losing time
from work will not exceed the full Net after-tax pay he or she
would have received for such period at his or her regular rate
of pay.
i
3. Employees will be required to take sick leave, personal leave
or compensatory times in that ord*r, during the first seven (7)
calendar days of occupational disability. After the first
seven (7) days of disability, employees must come under the
provisions of the Act and the wage supplement plan, and they
will not be allowed to use sick leave, personal leave or
compensatory time until the expiration of wage supplement
benefits.
1. If the occupational disability lasts for less than twenty-eight
(28) calendar days, sick leave, personal leave and compensatory
time v.sed during the first seven (7) days after injury will be
restored.
5. Employees who are absent from work due to an on-the-job injury
shall continue to accrue vacation and sick leave at regular 1
rates, and maintain all other benefits allocated with their
employment, for up to one hundred twenty (120) days# provided '
the absence is necessary and prescribed in writing by a
physician.
6. Employees who are able to perform 'light/ restricted duties" on
a full-time basis as determined by the treating physician will
be required to do so if a suitablto job activity is available,
Employees in this status may be assigned to another Department
within the City.
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POLICY ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued)
RZFERENCS
TITLES OCCUPATIONAL INJURY BENEFIT POLICY NUMBERi 409.1
7. Employees who are able to perform their regular duties on an
'abbreviated work day' basis, as determined by the treating
physician, will be required to do so. Wage supplement benefits
will be pro-rated accordingly.
S. Employees who are not eligible for wage continuation, or whose
payroll check is less than their payroll deductions, are
responsible for paying insurance premiums for their dependents,
credit union loans and other e9ductions by means other than
their payroll. It is the employee's responsibility to make the
appropriate arrangements.
4 IX. INJURY LEAVE WITHOUT PAY
A, This section does not apply to employees subject to Chapter 143 of
the Texas Government Code, as amended.
M B. Employeas who are unable to return to duty after expiration of
t I short-term disability will be placed on injury leave without pay'
C, While on injury leave without pay, employees may elect to use
1 ; accrued leave on a pro-rated basis to supplement Workers'
Compensation payments. Total pay will not exceed the employee's
net pre-injury wages.
D. Injury leave without pay will expire not later than
one hundred twenty (120) calendar days from the date of injury.
Ee Paid leave (sick leave and vacation) will cease to accrue after one
hundred twenty (120) calendar days from the date of injury-
P. Employees who are receiving no wage supplements from the city are
responsible for making arrangements to pay dependents' insurance
premiums, credit union loans and other deductions by means other
than payroll deductions.
Ge Injury leave without pay status will not affect employee benefits
under the Worker's Compensation Acte
Xe LONG-TERN DISABILITY
A. This section does not apply to employees subject to Section 143 of 1
the Texas Local Government Code, as amended.
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W POLICY ADMINISTRATIVE PROCEME/ADNINISTRATIBE DIRECTIVE (Continued)
s
{ TITLEf OCCUPATIONAL INJURY BENEFIT POLICY REfEREN
NUNBER3 409.1
+ B. Employees may elect to apply for long-term disability in accordance
with the City Ordinance.
C. Employees Shall contact the Personnel Department to determine
eligibility requirements.
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WAGE SUPPLEMENT FOR EMPLOYEES NOT SUBJECT TO CHAPTER 143
OF THE TEXAS LOCAL GOVERNMENT CODE, AS AMENDED
ATTACHMENT 1
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rs von a an ar
s Length of Service Days after In u injury Levee with Pay Short-Tole DiaDili injury Leave Mithout Pay to -Tens Disability
! 6 months or less 0 ' 0 I 0
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6 months - 2 years ~ 0 l 80 hours l 160 hours I I ,
elect to
i (Employee mays in the Injury leave with pay Short t Am disability I Employee say elect to use{ Employees may
{ following order, use will be based on a supplements will be basedl any accrued leave on a { apply for long-Tone
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{ sick leave {percentage of the dtf- l on a percentage of the l prorated basis to sup- I Disability through the
l b. personal leave ( ference between regular l difference between reg- I plament Worker's Comport- I Personnel Department.
I c. compensatory time I gross pay and worker's (ular gross pay and work- I sation payments fora l
i off.) I compensation according l er's compensation accord-1 period not to suftri 120 l
l to the following hourly l ing to the following l calendar 44ys from date {
1 { wage schedule: l hourly wage schedule: l of injury. I
l $8.50 or more - 30% l $8.50 or sore - 20% { I
{ less than $8.50 - 16% I less than $8.50 - 10% l
j 2 years - 5 years I Same as above. I Same as above. l 200 hours l Same as above. l Same as above.
I l 1Same as above.) I l
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S ye+rt - 10 years case as above. Sale as above. j 240 hours I same as above. I Some as above.
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Over 16 years Same as afore. Same is afore. 21110 hours l Same as above. , Same as above.
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CITY
HCOUNCIL
4- -41
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DATEt December 3, MO
CITY C^N'NCIL REPORT FORMAT C .
TO: Mayor and Members of the City Council
FRI)M. Lloyd V. Harrell, City Manager
SUBJECT: CONFINED SPACE ENTRY POLICY
Recommendations
Staff recommends approval of a policy enforcing certain standards and procedures
for entry into confined spaces.
SUMMARY:
j
The City has no approved, standardized policy to assure that employees, contractors
and visitors comply with recognized national standards when entering confined
spaces. "Conficed Space" means any space which has limited openings for entry and
exit, unfavorable natural ventilation which could contain or produce dangerous air
contaminants, and which its not intended for continuous employee occupancy. The
proposed policy incorporates both Occupational Safety and Health Administration
(OSHA) and American National Standards Institutes (ANSI) guidelines.
Backgrounds
Flaamable, toxic, or oxygen deficient atmospheres present a hazard even in an open
environment. However, when enclosed in a confin__d space these hazards are greatly
k magnified. When in confined spaces without proper control, personnel can be
overcome by poisonous gasses, pass out due to lack of oxygen or be seriounly burned
if an explosive atmosphere is ignited. Every year many workers are killed or
receive serious injuries because these hazards were not taken seriously enough. A
few examples of confined spaces within the city are, sewers, lift stations, meter
vaults and manholes.
t Programs, Departments or Groups Affectedt
Utility, Fire, and Engineering will be affected by the ramifications of this policy.
Fiscal Impact:
I
Compliauce with this policy will require certain pieces of safety equipment such as
self-contained breathing apparatus, detection equipment, rescue winches and
lifelines some of which is already available. A safety engineering study by
Employers Insurance of Texas estimates the implementat.on coats at 820,000-:25,000.
Respec ully su tteds
L o V. Hsets
r City Manager
Preosred bys
'~'Y1 cL~ l~CLC1C.t.ut..~/
Approveds
o n rane 5540E
Eiecutive Director of finance
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RESOLUTION NO.
A RESOLUTION OF THE CITY OF DENTON, TEXAS ADOPTING A CONFINED SPACE
j ENTRY POLICY; AND DECLARING AN EFFECTIVE DATE
WHEREAS, the Council of the City of Denton, Texas finds that
it is in the best interest of its citizens and employees to
maintain a work environment which conforms to nationally recognized
safety standards; NOW, THEREFORE,
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THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION I. The following policy, attached hereto rnd made a
part hereof is hereby adopted as an official policy of the City of
Denton, Texas:
v
409.2 Confined Space Entry Policy
SECTION II. The foregoing policy is attached hereto and made
a part hereof and shall be filed in the official records with the
City Secretary.
SECTION III, The Employee Rules and Regulations of 1976
adopted by Resolution of the City Council on February 1, 1977, are
hereby rescinded to the extent they conflict with the foregoing
policy and with any administrative procedures and directives issued
under the authority of the City Manager implementing the policy
!E hereby adopted.
SECTION IV. That if any section, subsection, paragraph,
sentence, clauae, phrase or word in this resolution, the attached
policy or the 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
resolution or policy, and the City Council of the City of Denton,
Texas hereby declares it would have enacted such remaining portions
despite any such invalidity.
SECTION V. That this :esolution shall become effective
immediately upon its passage and approval.
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PASSED AND APPROVED this the day of December, 1990.
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j BOB B CASTLEBERRY, MAYOR
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCS, CITY ATTORNEY
BY: _
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i CITY OF DENTON PAGE 1 OF14
POLICY/ADIIINI/TRATIYR PROCIDUIIS/ADIIINIATIATIVA DISICTIVI
r REFERENCE
NUMBER: 409.2
SECTION
EFFECTIVE OATEsu EJECT: CONFINED SPACE
REPLACES:
TITLE CONFINED SPACE ENTRY
=rrs:T
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POLICY STATEMENT:
It is the City's policy to enforce nationally recognized standards to assure
that any employee entering a confined space will not be unnecessarily
subjected to conditions that may cause injury, illness, or death. All
employees whose duties require that they enter a confined apace shall be
trained annually in the proper procedures for entry, work, observation and
rescue activities. Employees in this category shall follow all steps of the
procedures set forth in this policy. This policy applies to vendors and
visitors as well as City employees at all City locations and facilities.
ADMINISTRATIVE PROCEDURES:
1. DEFINITIONS
"Confined Snsce" means any space which has limited openings for entry
and exit, unfavorable natural ventilation which could contain or
produce dangerous air contaminants, and which is not intended for
continuous employee occupancy.
Typical Hazards of Con ink 9oages are:
o Oxygen Deficiency o Contact with Chemicals
o Toxic Vapors o Excess Heat
o Flammable Vapors o Moving Equipment
o Electric Shock o Open Top Spaces Greater than Four
o Hot Surfaces Peet in Depth
o Elevated or Slippery Surfaces
o Hazards associated with welding, grinding, metal cutting, and the
use of solvents.
o Other Operations in the Immediate Area.
Examples of Confined Ssaces at City facilities include but are not
limited to the following examples:
o Sewers o Boilers
0 Water Storage Vessels o Containerised Welding
o Meter Vaults o Lift Staticne
o Tunnels o Air Handlers
o Manholes o Small Equipment Rooms
o Trenches o Excavations
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Page 2 of 14
OLIC ADMIN T TIYE OC ADMIHI TI DI C YS Conti RBPSRENCE
NMRR: 409.2
TITLE: CONFINED SPACE ENTRY
It. RESPONSIBILITIES
Meant__Personnel - Have responsibility for training personnel and
enforcing this policy equally for vendors, service representatives and
l as City employees. Department and Division Heads, in
visitors, ae wel shall inn un which ction wi hp the Risk wo k gang shall ensure ycomplianceinwith pthis
their rsonnel
policy.
poky - Have primary responsibility for preparing the confined
awLeTry"ors
space for entry and preparing the permit.
Personn Bnt4LJn and~Their Suoervial,os} - Have the obligaticn to
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4 critique the preparation and to safely implement the work activity
within the confined space, and to sign the permit upon each entry.
resolve questions
serve o asbaliesourcepto answerl or review
Aisk Manager and Has
this policy, he shall assist is
or problems concerning this policy. Additionally,
developing bid specifications for all safety equipment and devices, and
to review and approve same prior to final purchase.
III. APPLICATION AND TRAINING
It is essential to train all employees who enter and work in confined
spaces' in the use of lifesaving equipment because be the h conductedazards that
might be encountered. The training program - by the
individual department or division - should be specifically designed for
the types of confined spaces involved and the problems associated with
entry and exit. Training should be conducted by someone who is
hazard confined respace entry coenition,~usexiof
knowledgeable in all relevt aspects
procedures, of
such as emergency exit
respiratory and safety equipment, First Aid and CPR, lockout an
equipment isolation procedures, rescue, fire protection and
re training piece to evaluate
competency iand determin=e the employees should take
IV. PHYSICAL AND MEDICAL REQUIREMENTS OF CONPINSD SPACE ENTRANTS
confined = spaces and anticipating formulating the hazards
physical {
A. associated with personnel entry into responsible
and medical requirements for workers expected to enter confined
sical and
medical re uidoing rements,whichiwould oallowtthe workerttopeffectively
i medic 4
cope with emergencies.
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POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued)
NCE
TITLE: CONFINED SPACE ENTRY `LAMER: 409.2
1. Management personnel are responsible for forwarding these
ri:a.4 requirements to the Personnel Department for inclusion within
i the minimum qualifications for these affected positions.
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2. Management personnel are responsible for re-training,
re-assigning or terminating personnel who fail to meet these
requirements.
{ 3, Management personnel who have responsibility for confined
f spaces in which respirators will be required shall state as an
i additional requirement the ability of a confined apace entrant
to maintain a facial seal under emergency conditions.
B. Supervisors shall not assign workers to enter confined spaces who
fail to meet the physical and medical criteria applicable to the
task.
1. Supervisors shall exercise their best judgment in assigning
workers to enter confined spaces and may prescribe additional
physical and medical requirements on the permit if warranted by
particular conditions.
2. Supervisors shall additionally check workers for signs of
intoxication and fatigue before assigning workers to enter
confined spaces.
3. Supervisors shall not assign workers to enter confined spaces
unless the supervisor,is eatisfie, with the worker's ability to
# safely cope under adverse conditions.
C. Workers whose yob duties require entry into confined spaces shell
9 be responsible for continuously meeting the physical and medical
requirements of their fobs.
1. Workers shall notify supervisoro of any conditions or
circumstances which would impair t'.ietr ability to most these
requirements or which would otherwise make entry into a
confined apace unreasonably hazardous.
2. Workers whose fob duties require the use of respirators shall
periodically demonstrate their ability to maintain a facial
seal under adverse conditions.
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POLICY/ADMIKSTRATIYI PROCEDURE/ADMINISTAATIVE DIRECTIVE (Continued)
RE
TITLE: CONFINED SPACE ENTRY IMMIR: 409.2
V. PROCEDURE
Preparation of the confined space for entry shell address the following
subjects and, at a minimum, contain the requirements indicated.
A. Barricades and Warnina Signs. In order to warn others from coming
near the confined apace, supervisors shall ensure that barricades
and warning signs are placed at conspicuous locations in accordance
with the Cityls Barricade Policy 200.01, whenever there is an
excavation, open manhole, or suspected toxic substance present.
B. econtamination. Supervisors and workers shall make a maximum
effort to safely drain, clean, or otherwise eliminate flammable,
toxic, or corrosive chemicals or vapors from the confined space.
The objective of decontamination procedures is to allow personnel
to work safely in the confined space without the ne,id of special
ventilation or personal protective equipment.
C. Ie9_L&Li.Mr. Workers and supervisors shall provide maximum
separation of the work area to prevent entry of hazardous
substances from surrounding areas.
D. Loc ou T out,. Workers and supervisors shall physically
de-energize and immobilize all equipment and sources of potentially
hazardous energy release in accordance with appropriate
lockout/tagout procedures.
1. Detailed Lockout/Tagout Guidelines are at Attachment I.
2. Ventilation. Workers and supervisors shall liberally employ the
use of mechanical air movers or blowers and strategically located
venting to help assure that sufficient fresh air passes through the
enclosure.
1. The supervisor shall determine whether fresh air should be
blown into the confined space or drawn % depending upon the
circumstances.
2. Forced ventilation shall be maintained throughout the entry
period.
3. Ventilation shall be sufficient to provide a normal air
exchange equivalent to three times the volume of the enclosure
prior to entry; 6 to 12 times per hour thereafter.
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OLICY ADMINISTRATIVE PROCEDURVADMINISTRATIYE DIRECTIVE (Continued)
EREFERENCE
TITLE: CONFINED SPACE ENTRY (NUMBER: 409.2
.
F. Testina. Prior to initial entry, after each interruption, and
during the entire job sequence, workers and supervisors shall test
for oxygen, flammable gas or vapor, and suspected toxic substances
1 (e.g., H2S).
1. Testing shall be performed by a person trained in the use of
the test equipment, familiar with the suspected hazards, and
authorized to perform the testa.
2. Testing instruments shall be used only within the calibration
period specified and must be field checked for a qualitative
response prior to testing the onfined space. i
3. Final testing shall be performed with mecha:.ieal ventilation
systems operating.
1. No person shall enter or allow any subordinate employee to
enter any confined space unless final testing reveals that the
oxygen level is at 19.5 - 23.5 percent, flammability is lose
than 10 percent of the lower explosive limit (M), and the
concentration of toxic gas is lees than the permissible
( exposure limits (PEL) established by OSHA. Test results
i outside theme limits require additional clean-up or special
equipment and procedures before entry.
1 5. ANY untested atmosphere shall be assumed to contain all
hazards. No person shall enter or allow a subordinate employee
to enter an untested confined space.
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0. Confined Space Entry Permit. No person shall enter or allow a
subordinate employee to enter a confined space unless an approved
permit has been issued. The permit shall provide information
relative to the work assignment including, but not limited to, the
following:
o Description of the confined space and work to be performed.
o Location of confined space.
o Preparations made for a safe entry with respect to
decontamination, ventilation, isolation, lockout/tagout.
o Employees assigned to the job.
o Testing requirements and results.
o Date and time.
o Precautionary measures.
o Required safety and res:ue equipment. 1
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`i POLICY/ ADNINiSTRATiYE PROCSDURt/ADNINISTRATIVB DInarTIVE (Continued)
TITLE: CONPINRD SPAC8 ENTRY iN RNCs
409.2
I
o Proper signatures of all personnel involved in '-spection,
testing, and compliance prior to ontry.
o Duration of Do it.
1. The supervisor shall be responsible for posting the permit at
the point of entry.
2. Permits shall be signed by the foreman/crew leader of the
confined space and the tester. A minimum of T4f0 signatures is
required to assure that proper levclR of communication are
achieved.
3. No permits shall be issued for a period of time longer than one
shift. For succeeding shifts, or if the work area is left
enattended for more than one hour, the persons responsible for
signing the permit shall again check all conditions of the
permit, re-test the area, and appropriately sign the permit.
If left unattended for a shorter period, re-testing before
re-entry may be required by the permit, depending upon the
nature, location, and surrounding conditions of the confined
space. Situations involving toxic materials, flammable gasee
or corrosive materials shall require re-testing after any
unattended period, regardless of length.
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4. Upon completion of the job, the permit shall be returned to and
retained by the department for a minimum of thirty days after
completion of the entry if no deaths, injuries or serious
adverse health effects resulted from that entry. The
supervisor is responsible for reporting any accidents involving
injury to the Risk Manager in conformance with the Occupational
Injury Benefit Policy.
5. A sample entry permit is depicted in Attachment II. Individual
departments or divisions may utilise a revised version with
written approval of the Risk Manager.
H. Special Safety RquiDment. Supervisors shall document on the permit
any requirements for special safety equipment, such as harnesses,
lifelines, breathing air, tripods, rescue winches, safety glasses,
hearing protection, explosion-proof lighting and protective
clothing.
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POLICY/1~RINISTRATIVE PROC1QV"/ADMINISTRATIVE DIRRCTIVI (Continued)
R8F6R8NC~
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' TITLE: CONFINED SPACE ENTRY (N'"'R: 409.2
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1. All persons entering a confined space that would require a
vertical lift to make a rescue shell wear safety harnesses
equipped with backup lifelines. A tripod, hoist, and retrieval
winch with supplemental fall protection shall also be utilized.
2. All persons entering a confined space shall wear self-contained
breathing apparatus in contaminated or dusty environments,
where toxic concentrations are outside the limits set forth in
Section V.F.I., where ambient conditions are subject to change,
or where oxygen concentrations may drop below 19.5 percent. In
areas classified by OSHA standards as Immediately Dangerous to
Life environments (IDL's), breathing air shall be provided by
the supervisor and used by the worker.
3• Communications systems (e.g., hand-held walkie••talkies) must be
operable from within the confined apace and suitable for use in '
such areas.
1. Special Wop Practices. Supervisors shall give consideration to
the nature of the work associated with each confined space entry
permit with necessary precautionary measures specified on the
permit.
' 1. Supervisors shall Notify others in the work area that a permit
has been issued for personnel to work in a specified confined
space.
2. A ground fault interrupter to required when electric tools or
extension lights requiring voltages greater than 24 volts are
to be used in a confined space.
3. Compressed gas cylinders, other than breathing air, shall not
be taken into a confined space.
4. Special additional ventilation and/or breathing air shall be
required when torch cutting or welding is done within a
confined apace. Workers shall carefully check hoses and
nozzles of cutting or welding equipment before use in a
confined apace. Any potential fire hazard must also be
reviewed by the supervisor and the appropriate action taken.
5. No worker shall operate any pneumatic tool with any substance
other than compressed air.
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POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Coritinuedl
e
TITLE: CONFINED SPACE ENTRY IRE86RENCE
(NUMBER: 409.2
J. Rescue Plan. Supervisors shall ensure that permits for confined
space entry specify a rescue plan and provide for an attendant to
effectively and safely remove the individual(s) from the enclosure
in the event of an emergency.
1. Supervisors shall station at least one standby person outside
the confined space when internal work is being performed. This
person's primary duties are to maintain constant verbal or
visual contact with those inside the confined space and to
summon emergency assistance if necessary.
The standby person shall be familiar with the permit procedure,
be alert ifor changing conditions, know how to summon assistance
immediately, know how to use all rescue equipment specified for
the job, and to currently certified in CPR/First Aid. He or
she is expected to take all emergency actions short of entering
the confined space until emergency assistance arrives.
Supervisors shall assign no duties to the standby person which
would take him or her away from the point of entry. However,
he or she may be assigned duties pertaining to the confined
space, such as:
o Assisting in checking safety equipment;
o handing tools to workers inside confined space;
o assisting personnel in and out of confined space;
o keeping lifelines free of entanglement.
2. Minimum safety and rescue equipment for ANY confined space
entry requiring a vertical lift is as follows:
o Lifeline and harness (attached);
o emergency breathing air supply of five minutes;
o mechanical hoist;
o Pirst Aid equipment.
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VI. VIOLATIONS or POLICY
Any employee whn knowingly violntes the mandatory requirements of this
policy shall be subject to the full range of disciplinary action.
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POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIREC'M (Continued)
IRSFORRNC6
TITLE: CONFINED SPACE ENTRY JNUMBER: 409.2
I : VII. EXCEPTIONS
Any exceptions to this policy can be made ONLY by approval of the
Division or Department Head AND the written concurrence of the Risk
i Manager.
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10/22/90
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ATTACHMENT I
LOCKOUT/TAGOUT Of ENERGY SOURCES
~n r~,,,pduatiols
There are many situations in the workplace where unexpected application of
anergy, machinery and equipment startup, or release of stored energy would
M1y endanger personnel or property. These unexpected events could occur during
routine operations as well as during installation, maintenance, repair,
shutdown or mothballing operations.
~I
Many fatalities, serious injuries and property damage have occurred as a
result of these unexpected events. Therefore, specific procedures are
necessary to ensure protection of personnel and property in, on, and around
machines or equipment where such unexpected events could occur.
Standards. Rerulat on and u delinep.
Sever►l safety-related documents address the problem of unexpected application
c. release of energy and how LOCKOUT/TAGOUT procedures can help eliminate or
'i at least minimize the hazard. A partial listing follows. :"hose documents
should be reviewed for details in implementing LO/TO procedures.
ANSI 2244.1-1982: Minimum Safety Requirements for Per6,e..rsl Protection -
Lockout/Tagout of Energy Sources.
a NPPA 7D S: Electrical Safety Requirements for Employee Workplaces.
NIOSH 83-125: Guidelines for Controlling Hazardous Energy During
Maintenance and Servioing.
[ OSHA Standard 1910.147,. Control of Hazardous E:ergy Sources
(Lockout/Tagout), Effective date. 10/31/89. (Note: This standard
supplements other related standarde, e.g., 1910.1780 1910.2130 1910.217,
eta.)
D~initlon3
E
1. ~ar~t Ie4_lation i a (9I): A physical device that prevents
transmission or release of energy, including manual circuit breakers,
switches, valves, gates, slip Jlinds, and similar devices.
2. ~.201out/T .out (LO/TO),. The placement of one or more locks or a tag on an
RI device in accordance with an ost4lished procedure, indicating thst the
91 device shall noc be operated until the luck(s)/tag is removed according
to the procedure. NOTE: Tagout alone does not offer the positive
protection of lockout, and therefore the lockout procedure should be used
if at all possible.
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Attachment I
a r Page 2
3. IM: A warning device which can be socurely attached to the EI device to
forbid its operation and tc identify the person applying the tag or the
procedural control authority.
Lockgut/Taeout Procedurae _fteLl.anning
The followirkg steps must be accomplished prior to using the LO/TO procedure:
1. Identify all energy sources and exposures to determine if energy isolation
i " is possible. If not possible, modify as necessary to allow positive
isolation.
2. Identify sr devices as to function, labeling and applicable LO/TO method.
3. Obtain LO/TO materials and hardware, including padlocks, chains,
multiple-lock hasps, and tags. These items should j of a distinctive,
standardized deeigr_ and appearance, and should be issued or made available
to appropriate persons. Employees must not be required to purchase or
furnish their own devices.
1. Assign duties and responsibilities to knowledgeable persons who will be
implementing LO/TO procedures.
5. Develop checklists or other step-by-step procedures for each de-energizing
or energy-applying process. It to recommended that all ouch procedures be
pre-cleared through the flick Manager.
j.ogkoutfTag_out Proc4gu m Imolementati n
1. Notify all personnel who will be affected by the LO/TO procedure through
work permits, special briefings, attention to special problems, and review
of plans as necessary.
2. Turn off or shut down equipment and processes, including ctnputerized
j startSng systems or timers, using appropriate procedures. This nraet be
done only by authorised personnel.
3. All involved BI devices shall be located and operated go " to isolate the
equipment or process from potential energy sources.
4. Attach or apply appropriate LO/TO devices to the EI device(e). This must
be done only by authorized personnel. Lockouts shall hold the energy
isolating device in a safe position, and tagout devices shall be attached
so as to forbid operation of 91 devices.
5. Verify isolation by either
i
a. attempting to operate the equipment or process controls (e.g., start
buttons, switches, etc.), or
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9
Attachment I
Page 3
b. testing the equipment or process for isolation by using test
equipment or visual inspection. Wit.: Be sure to return start
controls, etc., to the off or neutral position after verification.
6. Stored energy must be relieved, disconnected, restrained or otherwise
rendered safe.
i
7. LO/TO procedures must include provision for notification and protection
of outside personnel, such as service representatives or contractor
i employees who may be exposed to energy-related incidents in their work.
8. When crew, craft, or other group LO/TO devices are used, they shall
afford affected employees the same level of protection as a device
applied by a single individual.
9. Supervisors shall ensure that LO/TO will conti.ue during shift or
personnel change.
10. If there is need for testing or positioning of energy-isolated equipment,
follow these steps:
a. Inspect and clear the equipment of tools and materials.
b. Clear employees from the area.
c. Clear the control of locks/tags according to a prearranged procedure.
d. Energise the equipment and proceed with the test or positioning.
e. De-energize the equipment, reapply LO/TO as previously done, then
continue the work.
j
Lockout/Tsaout Procedures -.Release
1. Before energy is restored to the equipment or process, an authorised
i person must:
a. inspect the area to ensure all nonessential items have been removed
and that all components are operationally intact, and
b. conduct a personnel count or similar procedure to ensure that all
personnel are safely positioned or removed.
2. Each LO/TO device must be removed only by the person who applied it or by
another person as authorised by the established procedure.
Specific Recosmendationo
In order to ensure protection of employees who might be exposed to unexpected
application or release of energy, the following recommendations are made.
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Attachment I
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1. Develop, document, and implement a Lockout/Tagout procedure for your
operations.
(This policy should be applicable to employees engaged in erecting,
installing, constructing, repairing, adjusting, inspecting, operating, or
maintaining equipment/processes, and should outline purpoea,
responsibility, scope, authorizations, rules, definitions, and applicatioa
measures. A generalized policy is contained in ANSI Z244.1-1982 and OSN&
Standard 1910.147.)
2. Procure appropriate lockout/tagout equipment and issue or assirr, it to
„vp' appropriate personnel.
(This equipment must be used only for LO/TO purposes. Durability,
standardization [type, color, eto.), substantial atrength, and ease of
identification are important features to be considered.)
3. Develop, implement, and document an appropriate vraining program for
persons affected by the LO/TO procedure.
(Training must address the purpose and use of the LO/TO procedure,
designation of authority, specific steps in LO/T0, and equipment usafc and
maintenance. Periodic retraining in safety meetings or by patiansl
contact is important.)
A. Conduct and document inspections to ensure compliance with the actabliched
LO/TO procedure.
(Such inspections must be conducted by persons authorized to halt
operations not in compliance with the procedure.
Appropriate reporting and disciplinary measures should be included.)
4
Conclusion
LO/TO !a a relatively Inexpensive and easily applied procedure thst can pay
t large dividends in the protection of employees and property. It i imperative
p that it be used to protect against unexpected application or release of energy.
Information contained herein is based upon sources deemed reliab?0.
This information should not be interpreted as insurance requirements nor used
when contradictory to any applicable legal requirements.
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ATTACHMENT 11
Confined Space Entry Permit
Location/Description of Space:
f Purpose of Entering Space:-_y
3
z Employees Performing Work: Department:
Precautions to be Taken: YES NO
employees Qualified
Safety Observer? Name:-_--___,-,
f
Space Cleaned?
Atomsphere Tested?
Results:
Oxygen Content: Must to 19.514- 23.5%
Flammable Vapors:_ Must be < 10% of LBL
Toxic Gases: Must be < PEL of gas
Periodic or Continuous Monitoring Required?
Lines to space blanked or disaonneated?
Lock-out Devices?
Safety Lights/Illumination?
Communication Devices?
Misc. Precautions Needed:
Protective Equipment Used?
Belt/Harness/Lifeline
Winch/Tripod?
Breathing Apparatus? W-
Warning Signs?
Protective Gear?
Fire Equipment?
Forced Ventilation?
Rescue Gear on Site?
Lighting Equipment
Misc. equipment:,__
Psredt Valid: From:
Until:
Approv by ~R~a~
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Da to: 12/11/90
CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
PROM: Lloyd V. Harrell, City Manager
SUBJECTS RESCIND POLICY NUMBER 102.09) FINGERPRINTING
o'ti rl
REOOMaENDATIONs
It is the staff's recommendation that the City Council approve d resolution
rescinding Policy Number '02.09, Fingerprinting.
SUMMARYS
Policy Number 102.09, Fingerprinting, was approved on October 300 1984. The
original use of this information was a means of identification. However, as
the laws have changed in how we can use fingerprinting information we are
unable to use fingerprinting as an employment selection tool. 11hus finger-
printing is of little value for means of employment identification. The
records are maintained in a centralized location and are confidential with
access restricted from the public.
BACKGROUNDS
In order to eliminate the fingerprinting of new employees we are requesting
Council appro-ta., to eliminate this practice. The Personnel and Fmployee
Relations Department, with concurrence of the City Attorney and Executive
O)mmittee have agreed to the proposal to City Council rescinding Policy Number
102491 Fingerprinting.
PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED:
The policy covers all City of Denton employees in all departments.
FISCAL IMP CTS
The estimated coot for rescinding the policy are the savings of staff time and
materials for condu:ting the Fingerprinting.
i Respect ally submitted:
Pr arad b : oy Ve Harrell
City Manager I,
Thomas V. Klinck, Director
r Persona Employee Relations
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Betty Mc San, 'txecutive Director
Municipal Serl•ices/Economic Development
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All aVloyses of the City of 0enlon shall be fingerprinted.
1. fingerprinting of employees shall be at the Was of to
G the city of oenton police Departaentl employment an4 by
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It. fingerprinting is foe the purpose of identitieatLon.
r tit. A prior conviction of crWnal offenea will not automatically disqualify
an applicant for esiploynent but will to considered as it relates to the
Job.
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j RESOLUTION NO.
A RESOLUTION RESCINDING POLICY NO. 102.09, FINGERPRINTING, FROM
Y1 THE CITY OF DENTON POLICIES AND PROCEDURES MANUALI AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the Director of the Personnel/Employee Relations
h Department for the City of Denton has reviewed Policy No. 102.09,
Fingerprinting, contained in the City of Denton Policies and
j Procedures Manual and found it no longer necessary for the purposes
of identification of City employees; and
WHEREAS, the City Council desires to rescind such policy as an
official policy of the City of Denton; NOW, THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON:
SECTION I. That Policy No. 102.09, Fingerprinting, contained
in the City of Denton Policies and Procedures Manuel and a copy of
which is attached hereto, is hereby rescinded as an official policy
of the City of Denton, Texas.
SECTION Ii• That the City Secretary is instructed to enter in
the official records of the City that said Policy No. 10".09,
Fingerprinting, contained in the City of Denton Policies and
Procedures Manual is rescinded.
SECTION III. That this resolution shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of 1990.
BOB CASTLEBEi2RY, MAYOR
ATTESTt
' JENNIFER WALTERS, CITY SECRETARY
c
BY:
APPROVED AS To LEGAL FORMt
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY
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CITYof DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 78201 / TELEPHONE (817) 688-8307
a~ 44 Office of the City Manager
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M E M O R A N D U M
} TO: Lloyd V. Harrell, City Manager
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FROM: Rick Svehla, Deputy City Manager
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DATE: December 5, 1990
SUBJECT: Resolution for F.M. 2499
I
When the Council received their last u;3ate from Bill Utter and
the 2499 Task Force, they referenced a possible resolution for
improvements on F.M. 2499 further south at S.H. 121. As you
can see by the attached letter, the City of Grapevine is
organizing an appearance in January at the Highway Commission.
At that time, they will submit petitions and requests that the
Commission review, approve and fund grade separated connections
between F.M. 2499 and S.H. 121 at the north end of DFW
Airport. Obviously, the construction of this grade separated
intersection will greatly enhance the traffic carrying
capability and the ease of access for anyone using F.M. 2499 as
an access to the airport or points further south.
You and the Council may recall that Mr. Utter thought that the J
2499 Task Force would be in favor of this resolution. At their
meeting on November 26th, the Task Force approved the
resolution that is attached as backup. There is no doubt that
this will enhance the stature of F.M. 2499 as a route to the
airport and points further south from southern and central
{ Denton County upon completion of this route to its ultimate
E destination at I-35E.
Staff feels that this is a real benefit to the 2499 project and
would certainly recommend it to the Council,
If you or the Council has any further questions, please call at
your convenience. i
I Rick Sve la
Deputy City Manager i
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Attachment
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GRAPEVINE November 26, 1990
Lloyd V. Harrell
'r City Manager
The City of Denton
:a 215 E. McKinney Street
Denton, TX 76201
Re: Flyovers at Intersection of FM2499 & S.H.121
Dear Mr. Harrell:
i
The City of Grapavine is scheduled to appear before the Highway
Commission in the January 29, 1991 meeting to request the GDHPT
to expedite the design and construction of the flyover ramps
connecting State Highway 121/International Parkway with FM2499
which is currently under construction immediately to the north.
The FM2499 project, as currently under construction, provides
connections to State Highway 121 and points south, DFW
International Airport, I-635 to Dallas and SH121 to Fort Worth,
by a circuitous route. The construction of these flyovers will
provide direct, uninterrupted traffic access from State Highway
121 to FM2499 continuing north into Denton County. These
flyovers are vital to the future of the Northeast Tarrant County
and Southern Denton County development. Authorization of funding
by the Highway Commission to expedite the process for the design
and construction of these flyovers now will insure construction
of these flyovers by th9 middle of this decade.
' Again, we feel it is important for the future growth of this area
that these flyovers be provided and we are requesting that your
City Council adopt a resolution expressing support of these
flyovers for the Highway Commission Meeting on January 29, 1991.
I have taken the liberty to enclose a draft letter that you may
use if deemed appropriate. Also attached is a resolution which
was passed by the Grapevine City Council on August 9, 1990.
Please mark this date on your calendar and snake plans to attend
this very important meeting, Wa appreciate your past support of i
the City of Grapevine and northeast Tarrant County and Denton
County and look forward to continued cooperation and support from
your office.
j If there are any questions please call Jerry Hodge, Director of
Public Works at (811)481-0372.
,
Isincere
A%Y
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' Wiliam D. Tate
Mayor
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RESOLUTION NO.
A RESOLUTION OF THE DENTON COUNTY FM 2499 TASK FORCE REQUESTING
y THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, TO
CONSIDER AUTHORIZING CONSTRUCTION AND DEDICATION OF FUNDS FOR AN
I13TERCHANGE ON FARM-TO-MARKET HIGHWAY 2499; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, a delegation of local officials appeared before the
Highway Commission in 1982, after the bridge on Farm-to-Market
Highway 2499 had been washed out by high water, requesting con-
struction of Farm-to-Market Highway 2499 as an alternate route to
avoid Lake Grapevine Dam; and
WHEREAS, the Commission met and expressed unanimous support
for Farm-to-Market Highway 2499, and Minute Order 80238, Noveaber
29, 1982, a copy of which is attached hereto, was tendered,
authorizing planning and design subject to provisions of
Right-of-Way by local agencies; and ;
WHEREAS, all affected property owners have donated Right-of-Way
for Farm-to-Market High-,ray 2499 including Right-of-Way for the
grade separated interchango at State Highway 121; and
i
WHEREAS, the State Department of Highways and Public Trans-
portation completed the design, awarded the construction contract,
and currently bas Farm-to-Market Highway 2499 under construction,
providing a high-capacity four-lana divided urban thoroughfare
with shoulder; and
WHEREAS, the above construction is scheduled for completion in
U late 1990 or early 1991, but only incl.udes temporary connections
to State Highway 121 rather than the full interchange grade-
separated connections; and
WHEREAS, opening day traffic flows on Farm-to-Market Highway
2499 are expected to exceed the capacity of temporary interchange
connectors, thereby creating potential congestion and safety
problems; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION I. That the City Council hereby requests the State
Department o r Highways and Public Transportation to:
a. Accelerate the appropriate project designation and design
of the complete grade-separated interchange connectors of
Farm-to-Market Highway 2499 and State Highway 121; and to
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b. Allocate adequate funding to construct the complete
interchange in a timejLy fashion to accommodate antici-
pated traffic flows in a direct and safe manner.
SECTION II. That the Deputy City Manager is hereby directed
to forward a copy of this resolution to the members of the State
Department of Highways & Public Transportation Commission,
William Tate, Mayor of Grapevine, the State Department of
1 Highways & Public Transportation, District 18, and the State
i Department of Highways & Public Transportation, District 2.
SECTION III. That this resolution shall become effective
imme ate y rom and after its adoption and it is so resolved.
PASSED AND APPROVED this the day of December, 1990.
FOB 9 RXYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
E
BY:
APPROVED AS TO L&GAL FORM;
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:~LI X04 171.f
PAGE 2
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~ i•` _~•:•:v`~"','DEkT4N S TALL{\t! l •t.:.. , ORDER ~.Nt~-..~ 1✓,F.
1JtIt.L'lJ, in !'~llllANT. DtYTOH ,t•!0 O~0LAI COtOM931 ippreOriaie lass! 09:laiala have
qw ctel asaatrusetea of a f 1~ sxtaadln~ lrew eau cad of farm to
+r>tec Aaaa ,a9! at chin *arsant~Ornesa Cwacy Liae, Iaae and Souehsut to Stat4
' Nl~hway 131, a dlaeaps• ,
sj appreala~etsly 2,J ell*a, an4
WHSM-4-I, Cho State D•partaasat of Highways and Publit transportation destses ae aaaiss
in this ;aquere;
NCH, SNtAY omp Chia LnCtasss-Otrseear La dtr*eea4 ea ealwar Cho following
:he Ctatar of ylavar Mound and Crspevta• sad Cc Tatrane, D•atoa ant Dal•RCoroposal
uatl4ite
PTevtd•4 the Ctiias and Counties will agree to lurntsh all sight of vsy roquire4
atcoaaooaas as wIttaass live-Lacs ;aailLs7, gush right at vay to his slant of
obstruction and :roe o9 test to the !eats, vith raquiaitL" pr*ssdursa to aeeer-
I 4anee wsctt APPltaabl• rad•tal and stage lave governing the aoqutsitloe polities
!or asqutrtag Coal property, the State Depareaenc of wishvays and Mile Trana-
poreaeton will prepare P") 4pet1114aeton aed oactauttes lot a laatltty to
adequately accommodate anCULP4t44 eralfia,
This aeCton is Cakaa with Cho unearstaadlag that fuada lot IOUMoCtoe APP nor PNt*nt-
Ly aveilabl*. Subaoqutat ee acquisition Of 411 rtgai=*d right Of vaya this rac:at la
Co gs returned ea Cho mention of the Casslaslon far toaat4aration of rroldesign&*
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DATEt 12/11/90
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CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: DENTON COUNTY EMERGENCY SERVICES DISTRICT it
RECOMMENDATION:
~ - 1
E Staff recommends approval.
SUMMARY:
The resolution consents to the formation of an emergency service
district capable of taxing and providing fire protection, emergency
I service, and fire fighting in an area generally south of "city limit
agreetent" lines.
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BACKGROUND:
November 27, 1990 work session: Council directed staff to prepare 1
consent resolution and district boundaries and to represent these
boundaries at the public hearing at Commissioners Court, both on
December 11, 1990. j
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
Fire and Emergency Services. Residents and businesses is Denton's
I southern ETJ.
FISCAL IMPACTt
Note _
Ji} Reapp fully su tted:
Pre red by ? r Llo V. 69rre11
City Manager
teank H. o ns, ICP
xecutive Director
I Planning and Development
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city of DENTON, TEXAS 215 E. MCKlNNEY/ DEN TON, TEXAS 76201 / TELEPHONE (817) 568.8200
MEMORANDUM
J
DATE: December 3, 1990
T0: Mayor and Members of City Council
r FROM: Frank Robbins, Executive Director
Planning and Development
SUBJECT: Denton County Emergency Service District all ~
Background
1 1. The City of Denton has received notice from the County of
Denton of (A) a public hearing concerniny the formation of an
` emergency services district to be held on December 11, 19901
it and, (B) a request for the City Council to take formal action
concerning the formation of the emergency services district
within 60 days of the receipt of this notice.
2. The letter of notice is dated Novexiber 13, 1990. See
g, Attachment 1,
4 3. The volunteer fire chiefs of Argyle and Double Oak have been
working with the county to establish this district to be
called "Denton County Emergency Services District #1".
4. Apparently, the County has received a formal p3tition from 100
qualified voters in the proposed district area.
5. The proposed district includes most of Denton's southern
extra-territorial jurisdiction, including the TPG/HSM
annexation, but none of its current city limits.
state Enabling Legislation
1. Chapter 775 of the Health and Safety Code addresses the
creation, organization, powers, duties, expansion,
dissolution, and financial authorizations of the district.
See Attachment 2.
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Mayor and City Council
Page 2
December 3, 1990
2. Section 775.014 and section 775.017(b) and (c) address the
creation of a district that includes municipal territory,
which includes the ETJ. Those sections are fairly straight
forward and are not summarized here again, except to say :hat
if the city does not consent, it is quite difficult to form
the district with city territory in it, and that a city may
delay formation of a district in its territory for up to one
year simply by not taking any formal notion.
3. The District's powers are provided in section 775.031. They
include fire prevention, fire-fighting services, emergency
medical services, and ambulance services, The District may
contract with other political subdivisions of the state for
these services, reciprocal services, and for law enforcement
services.
4. The District may levy up to a maximum of 10 cents per $100 ad
valorem property tax (Section 775.018) and a sales and use tax
(Section 775,0751).
5. The Process
( The formation of the district follows the following steps:
a. Petition to Commissioners Court by at least 100 qualified
voters (Section 775.012).
b. Notice of public hearing and to cities (Section 775.015).
The public hearing is scheduled for the morning of
December 11, 1990.
c. Approval of petition by Commissioners Court (Section
775.017).
1) If the District includes municipal territory, a
separate feasibility finding is necessary if i
f municipal territory could be excluded. l
2) Apparently, the County may fix the boundaries and
exclude the municipal territory.
d. Election (Section 775.018 and 775.019) 1
1) If a majority of the voters in a municipality's
territory do not vote in"
n favor of the District,
that municipal territory may not be included in the
District. (Author's notes Counting municipal
territory voters as a separate group is going to be
very difficult.)
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Mayor and City Council
Page 3
December 3, 1990
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2) If a city annexes an area, the boundaries of the
annexed area will be excluded. The TPG/HSM
annexation, which Council is scheduled to initiate
on December 11, is within the
proposed district's
boundaries and would probably be excluded prior to
the official formation of the District.
e. The Commissioner's Court orders the District to be
formed.
f. Appointment of the District Board by Commissioner's
Court.
6. If, after a District is formed and '.axes are assessed, an area
is annexed by a City, District services are discontinued and
the area is excluded from the District. Those owning land in
the annexed area will continue to pay their pro rata share of
the debt that is outstanding at the time of annexation, until
that debt is paid off, according to a state manual on the
subject.
Discuspion
1. There are some advantages to creating the District for those
in the city's ETJ, particularly for improved fire-fighting
capabilities. Additionally, the creation of the District may
improve the fire-fighting capabilities of volunteer fire-
fighting entities who in turn may reciprocate with Denton to
fight large fires within the City of Denton. Presumably,
reciprocal agreements with the District could be developed to
fund city of Denton services within the District.
2. Creation of the District in our ETJ may result in "double
taxation" when Denton annexes an area in the District after
its formation.
3. Creation of another taxing entity and a municipal-like
service provider in our ETJ will probably further erode
political acceptance of a Denton annexation.
4. There is a set of city limit agreements between Denton and
other cities. These "agreement lines" are roughly the line
along Hickory Hill Road, Johnson Lane and Crawford Lane.
Creation of a District in our ETJ south of this line would
avoid confustiion, "double taxation", and opposition to Denton
annexation north of that line.
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Mayor and City Council
Page 4
December 3, 1990
5. John Cook has advived us that there is acceptance of this
"agreement line" boundary by the volunteer fire chiefs.
6. Staff will advise council of the Commissioner's Court public
hearing at the Council meeting.
gpcommendations
1. The City of Denton consent to the formation of the District
south of our "agreement lines," and that such consent be made
I c
December 11, 1990.
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xcs Lloyd Harrell, City Manager
Rick Svehla, Assistant City Manager
Debra Drayovitch, City Attorney
John Cook, Fire Chief
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r ATTACHMENT 1
sUOOY COLE LEE WALXER
11MCINCT I PR40 NCI3
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SANGY JACOGS DON HILL
PRICINCT 2 tsw "4014CY 4
(214) 43e3771 (e1 f)4N-W 3
DENTON COUNTY COMMISSIONERS COURT
a VIC EUROM JUDGE
(617) wore
COUKTHOUSI ON rN 1$OU►Kl Itd W. NN:KORY UNION. T" MINI 01131- Ma01717pt.N
X I X 0 R A R D 0 X
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T0: City of Denton `
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! FROM: Vic Burgess
DATE: November 13, 1990
6 RE: Denton County Emergency Services District i1
it has been my pleasure working with James Price and Keith
04118. They have dedicated many long hours and time to create
the petition.
I The Commissioners Court has set a Public Hearing for 14ce,'o-
bar 110 1990, to propose an Emergency Services District V. foe
areas described in the Public Notice attached.
We welcome any person who has an interest in the creation of
the district to present grounds for or against the creation of
the district.
ould you have any questions, please give me a call.
I! T yo
Vic Burgess
County Judge
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THE STATE OF TEXAS
COUNTY OF DENTON
i
Notice to all '"unioipalities within the response areas of
the Argyle Volunteer Fire Department and the Double Oak Volunteer
I firs Department within Denton County, Texas of the proposed
` j inclusion of extraterritorial jurisdiction in the proposed Denton
County Emergency Services District 111.
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Pursuant to Soction 773.014 of the Texas Oivil~Statutrs,
your municipality is hereby notified that the proposed Denton
County Emargancy Services District 01 (which, subject to voter
approval, will provide for fire protection and emergency
ambulance services ii the response oraaa of the Argyle Volunteer
Fire Dapartment an;. -4e Double Oak Voluntear Fire Department)
will include territory outside the corporate limits of but within
the extraterritorial jurisdiction of your municipality, and as
required by statute, this instrument is to be considered " a
F. i
written request to be included in the district" which "shall be
presented to the governing body of the municipality."
Accordingly, your municipality's consane is required for such
emergency services to be provided to the areas of your
municipality's extraterritorial jurisdiction. It is requested
th,it your municipality's governing body take formal action as
soon as possible ( but no later than sixty (60) di ys after
receipt of this instrument) to consent to the provision of such
services is those areas.
PaSe 2
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DENTON COUNTY COX=SSIONERS COURT
a OTrcz Q; PUBLIC STALL
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!METING IN TEE COKOIISSIONERS COURT ROOK
SECOND ILOOR
i COURTHOUSE-ON-THE-SQUARE
110 W- HICKORY
DEr:JI'ON, TE=AS 70201
ON:TUESDAY, DECENEER 110 1990
CONVENING AT 9118 A.N.
Pursuant to Section 775.015 of the Texas Health and Safety
Code, notice is hereby given that the commiasioners Court of
Denton County, Texas will conduct a Public Hearing to propose an
Emergency Services District to be created and operated under
Article III, Section 4a-e, of the Texas Constitution. The pro-
posed district shall be called "Denton County Emergency Services
District No, l." The designated boundaries of the proposed dis-
trict are coextensive with the limit-,, of the combined response
areas of the Argyle Volunteer Fire Department and the Double Oak
Volunteer Fire Department. See exhibit "A" attached hereto and
made a part hereof.
Any person who has an interest in the creation of the dis-
trict may attend'the hearing and present grounds for or against
creation of the district.
! Notice of Public Hearing of proposed
district posted at the Carroll Courts
Building, the Courthouse qn the Square,
and the Denton County Sheriff's office,
and filed wi the office of the Denton
County Cler on the day of November,
1990.
BY:
Vic Burgess, County Judge
NOTE: EXHIBIT A HAS BEEN DELETED FROM YOUR PACKET.
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RESOLUTION NO.
A RESOLUTION OF THE CITY OF DENTON, TEXAS, CONSENTING TO THE
INCLUSION OF TERRITORY IN THE CITY'S EXTRATERRITORIAL JURISDICTION
WITHIN DENTON COUNTY EMERGENCY SERVICE DISTRICT NO. 1; AND PRO-
VIDING FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 775 of the Health and Safety Code provides
rs for the creation of emergency service districts to provide
emergency medical, ambulance, and fire prevention and control
services for rural areas; and
WHEREAS, Section 775.014 of the Health and Safety Code
provides that a petition requesting creation of a district which
includes property within a city's extraterritorial jurisdiction be
presented to the governing body of that city for its consent; and
WHEREAS, the City of Denton has received a request to include
property within the City's extraterritorial jurisdiction in a
proposed emergency servico district, to be named Denton County
Emergency Services District No. 1.; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION I. That the City of Denton, Texas, consents to the
inclusion of that territory located within its extraterritorial
jurisdiction as described in Exhibit A, attached hereto and
incorporated herein by reference.
SECTION IT.. That this resolution shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of , 1g
BOB CASTLEBERRY, MAYOR
ATTEST.,
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORMS
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BYs
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EXHIBIT "A"
r• Proposed Boundaries of Denton County
{ Emergency Services District #1
NOTEi The boundaries of the proposed Denton County Emergency services
District 11 include the combined Response areas of the Argyle Volunteer
fire Department and the Double Oak Volunteer fire Department.
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Point of Reference 01. Beginning at the center line of Crawford Road and
the center line of Paught Road;
Point of Reference 02. Thence south and along the center line of ?aught
>r Road to the center line of Old Justin Roadt
Point of Reference 03. Thence east and along the center line of Old Justin
road to the center line of Prairie Mound Cemetery
Road;
Point of Reference 04. Thence southerly and along the center line of
prairie Mound Cemetery Road to the center line of PM
407;
Point of Reference 05. Thence west and along the center line of ?M 407 to
the center line of Cleveland Gibbs Ruad;
Point of Reference 06. Thence southerly and along the center line of
Cleveland Gibbs Road to the center line of
Interstate 34 ►lestr
Point of Reference 07. Thence southwesterly and along the center line of
Interstate 35 west approximately nine tenths of a
mile to the city limits of Morthlake)
Point of Reference 08. Thence north and along said city limits
approximately three tenths of a mile to a point
where said city limit turns watt
Point of Reference 09. Thence west and along said city limits approximately
seven tenths of a mile to a point where said city
limit turns south;
Point of Reference 10. Thence south and along said city limits
approxiwtely one tenth of a mile to a point where
said city limit turns eu tt
Point of Reference 114 Thence east and along said city limits approximately
two tenths of a 2114 to a point where said city
I limit turns south►
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point of Reference 17. Thence xouth and along seid city limits
i approximately one-half mile to a point Mare Said
city limit turns east)
point of Reference 13. Thence east and along said city limits to a point
approximately one-half mile to a point where said
city limit turns north;
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3 Proposed Boundaries of Denton County
Emergency Services District 11
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Point of Reference 11. Thence north and along said city limits
approximately fifty feet to the center line of FM
1171)
Point of Reference 15. Thence east southeasterly and along the center line
of FM 1171 to the midpoint of white Rock Creeks
Point of Reference 16. Thence southerly and along the midpoint of white
ICI
Rock Creek approximately four tenths of a mile to a
point due east of the Flower Mound city limits;
Point of Reference 17. Thence east northeasterly and along said city limits
approximately three tenths of a mile returning to
the center line of FM 11711
j Point of Reference 18. Thence east and along the center line of FM 1171
approximately three tenths of a mile to a point
where said city limit turns northr
Point of Reference 19. Thence north and along said city limits
approximately five tenths of a mile to a point where
said city limit turns eastl
Point of Reference 29. Thence easterly and along said city Limits
approximately 1.5 miles to a point where said city
limit intersects win Kings Road and Red Rock Lane)
Point of Reference 21. Thence east and along the center line of Kings Road
to the intersection of Kings Road and Shiloh Road;
Point of Reference 22. Thence south along the center line of Shiloh Road to
the intersection of Shiloh Road and Pepperports
Point of Reference 21. Thence east and along the centerline of Pepperport
to the point at which Pepperport ender
' Point of Reference 24. Thence east northeasterly in a straight line to the
City of Double Oaks city limit at the point where
said city limit turns fro!s a north-south line to an
east-west line near the intersection of Woodland
Trail and Knob Hills
Point of Reference 250 Thence east and along said city limits approximately
seven tenths of a mile to a point where said city
limit turns north)
Point of Reference 26. Thence north and along said city limits
approximately three tenths of a mile to a point
where said city limit turns seats
Point of Reference 27. Thence east and along said city limits approximately
three-quarters of a mile to a point where said city
limit turns north)
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4 Proposed Boundaries of Denton County
t{{ Emergency Services District 11
page 3
Point of Reference 28. Thence north and along said city limits
approximately two tenths of a mile to point where
said city limit turns easts
Point of Reference 29. Thence east and along said city limits approximately
one tenth of a mile to a point where said city limit
turns northi J
Point of Reference 30. Thence north and along said city limits ,l
approximately one tenth of a mile to a point where
said city limit turns east;
Point of Reference 31. Thence east and along said city limits approximately
two tenths of a wile to a point where said city
limit turns south;
Point of Reference 32. Thence south and along said city llmita
approximately one tenth of a mile to a point where
said city limit turns east;
Point of Reference 33. Thence east and along said city limits approximately
one tenth of a mile to a point where said city limit
turns norths
Point of Reference 34. Thence south approximately three tenths of a mile to
f a point due west of the south end of Chinn Chapel
Road;
Point of Reference 35. Thence east approximately one tenth of a mile to the
City of Plower Mound city limital
i Point of Reference 36. Thence north and along said city limits
i approximately four tenths of a mile to a point where
said city limit intersects with Chinn Chapel Road
(see attachment S);
Point of Reference 37. Thence north and along the center line of Chinn
chapel road to the center line of the P:.chison,
Topeka, and Santa fe Railways
Point of Reference 38. Thence northeasterly end along the city limits of
Copper Canyon to khe midpoint of a creek bed which
is approximately four tenths of a mile due south of
Orchard Rill Road$
Point of Reference 390 Thence following said creek bed downstream and due
east to the Lake Lewisville water lines
Point of Reference 40. Thence northerly and along the shore line to the
midpoint of Hickory Creek;
Point of Reference 41. Thence upstream and along the midpoint of hickory
Creek to its intersection with the center line of
copper canyon Road (some maps show as 'Old Alton
Aoad'l;
f c 1
Proposed Boundaries of Denton County
C~'... Emer90ACY Services District 11
Page 4
Point of Reference 42. Thence southerly with the center line )f Copper
Canyon Road to the intersection with the south line
of the City of Denton, city limits as defined in
I ordinance 74-46;
Point of Reference 43. Thence westerly with said city limits to the
southeast corner of the S. Pritchett survey, A-1020
Denton County Texsal
Point of Reference 44. Thence south to a point 10' south of the south
right-of-way line of Hickory Bill Road, also being
E the southeast corner of the City of Denton, city
limits as defined in Ordinance 78-2861
Point of Reference 45. Thence westerly with the south line of Ordinance
78-28B to its intersection with the Extra
Territorial Agreement line between the City of
Denton and the City of Argyle:
Point of Reference 46. Thence westerly and with the E.T.J. Agreement Line
between Denton and Argyle to the end of said
agreement line in the center of Crawford Road:
Point of Aefecence 47. Thence westerly with the center of Crawford Road to
the Point of seginning.
0932E
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COUNCIL
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DATE: 12/11/90
CITY COUNCIL REPORT FORMAT
y T0: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
I
SUBJECT: CONSIDER INSTITUTING ANNEXATION PROCEEDINGS AND ADOPT AN ORDINANCE
WITH REGARDS TO THE ANNEXATION OF 1367.12 ACRES OF LAND LOCATED
NORTH OF CRAWFCRD ROAD AT THE INTERSECTION OF ALIJU D ROAD ANU 135W
(A59).
RECO14 ENDATION:
Planning and Zoning Commission recommends adoption 5-0.
SUMMARY:
An Ordinance annexing 1,367 acres of land located north of Crawford
Road at the intersection of Allred Road and I-3511 is attached. The
Service Plan, exhibit B, incorporated in the ordinance provides for
the extension of mwiicipal services to the annexed property. The
ordinance also provides for a temporary Agriculture (A) zoning
designation pending the permanent zoning of the property,
anticipated to be planned development (PD).
a ty Charter (Section 1.03, Extension of City Limits) requires a
vote of not less titan six members of the City Council (four-fifths)
to take action by ordinance to annex property into the city limits.
The final action by City Council has been scheduled (see annexation
schedule attached) for February 5, 1991. The Local Government Code
(Section 43.053) allows this action to be completed within 90 days
of instituting annexation proceedings (Mardi 11, 1991). Staff is
currently working with the landowners and the Zoningg Task Force to
amend the Planned Development Ordinance (Article Ili and initiate
the zoning process. City Council final action may mdVe to the March
S, 1991 meeting. This final action will also require a vote of at
least six members of Council.
BACKGROUND:
The proposed annexation has been initiated by the owners of the I
tracts in order to facilitate ,)ning for Planned Development to
allow for light industrial, offices, commercial and institutional
uses. 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). Staff prepared a service
plan for a 4120.42 acre tract located north of Crawford Road, east of
135 W and au adjacent 446.70 acre tract located at the Intersection
of FM 2449 aad 135 W. Public Hearings were held a November 6, 1990
and November 20, 1990 and no one spoke against the proposed {
annexation. The Planning and Zoning Coniission considered the
proposed annexation on November 28, 1990, and recommended adoption
by City Council (5-0).
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Mayor and Members of City Council
Page 2
December 11, 1990
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PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED!
All city service departments including Utilities, Engineering, Fire
S Police, Solid Waste, Environmental Health, Parks and Recreation and
Library.
FISCAL IMPACT:
I
These tracts currently have agricultural exemptions which will
result in minimal ad valorem tax benefits to the city. The
raf potential tax base, however, will be substantial when these tracts
j are developed.
f
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R 7e fully su tede
Lloyd V. Harrell
Prepared bye
City Manager
Harr ersaud, A- P
Senior Planner
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Ro bi , AICP
Executive Dire or
Planning and Development
2481x
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NO.
AN ORDINANCE OF THE CITY OF DENTON# TEXAS, ANNEXING 11367 ACRES OF
LAND LOCATED NORTH OF CRAWFORD ROAD AT THE INTERSECTION OF ALLRED
ROAD AND I-35W; APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY;
TEMPORARILY PLACING THE PROPERTY IN AN AGRICULTURAL ZONING
DISTRICT; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City of Denton has petitioned for the annexation
of the property described herein; and
WHEREAS, public hearings where held in the Council Chambers on
November 6, 1990, and November 200 1990, (both days being on or
after the 40th day but before the 20th day before the date of
institution of the proceedings) to allow all interested persons to
state their views and present evidence bearing upon this
annexation; and
WHEREAS, annexation proceedings were instituted for the
property described herein by the introduction of this ordinance at
a meeting of the City Council on December 110 1990; and
WHEREAS, this ordinance has been published in full one time in
the official newspaper of the City of Denton after annexation
proceedings were instituted and thirty days prior to City Council
taking final action, as required by City Charter; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSs
SECTION I. That the land described in Exhibit "A", attached
hereto and incorporated by reference, is annexed to the City of
Denton, Texas.
SECTION 11, That the service plan attached as Exhibit "B" and
incorporated herein by reference, which provides for the extension J
of municipal services to the annexed property, is approved as a
part of this ordinancti.
SECTION II. The property annexed herein is temporarily
designated as an agricultural toning district pending permanent y,
zoning of the property.
RF.[T^vt IV. Should any part of this ordinance be held illegal
for any reason, the holding shall not affect the remaining portion
of this ordinance and the City Council hereby declares it to be its
purpose to annex to the City of Denton all of the real property
described in Exhibit "A" regardless of whether any other part of
the described property is hereby effectively annexed to the City.
If any part of the real property annexed is already included within
the city limits of the City of Denton or is within the limits of {
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y any other city, town or village, or is not within the City of
Denton's jurisdiction to annex, the same is hereby excluded from
the territory annexed as fully as if the excluded area were
Fg expressly described in this ordinance.
vxY SECTION V. This ordinance shall be effective immediately upon
its passage.
yy PASSED AND APPROVED this the day of , 1990.
I '
BOB CASTLEBERRY, MAYOR
ATTEST: I
JENNIFER WALTERS, CITY SECRETARY
i
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
IM--
BY:
1190 7 17./15/90
PAGE 2
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EXHIBIT "A"
TRACT I
1
Being 917.600 acres of land situated in the B.B.S.6C.R.R. Survey,
Abstract No. 158, 9,B,B.6C.R.R. Survey, Abstract No. 1590
B.B.8.6C.R,R, Survey, Abstract No. 160, 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
to" Particularly described as follower
BEOMW t) at the Wtb9W oarasr of the B.BJA C.A.R. S
~ m1mW eat COMM A tb4 w. SOM Swwy, Abstract Na Ila c(a jai PO Sa11 - &60
POW is WAS I ~f,+~ ut ass wing THENCE S O0'02WW, 360.27 net
I slat tbl w H.e Of the said E.B.B.S C.R.R. Sttney, Abetrat No. isl;
7TiF.NK.E N d9 3 WW, 2290.N 1644
THENCE N 00'3B'2M 197.!j feet
THENCE N W21' IOW, 274.12 fat to the am ri htal•wy of leteeMaos, MWI &W
THENCK aloes the eat riBM-4wy d tatentste Hishtrh, 35W the me
2. N 4m=anbep j
3. N VIM% 2,1160 leer to the boom* of a sew to rite r!
11-341.73 lwaft &K61;
at M a / syr Of MVnr, a trhoe~ bm* d N jM of
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4. TMM N ak% said are ma lest
'J4`B, 2,147J4 beet
& Sb9XIM470.79het;
9 N OMM na~
10. N1
IL N 6Y' , 239J3 6
1 11 N $"rWW,1" 664
L4 N 3MO41-M U" ~
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17. N ?S'71'!1'7,100.1D 6ee1
IL N XVMM ma N 13 3" 1
is
20. Mrs"m a" is"
T MIKX S i'S{ M WAS 00 W s port L tb ON No at the J. Edteettaea St Abetreet No. 404
T}lE141'~: pp VV% WAS bee to the aaethtreet MW ad as am L adom a sown
'ilmxx ! W N-46R, 2,6 ou bm cloy the ON& in at the said J. lri~ ts, a {
Bees, Rod r! Pda1 1. Eoaate
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TN11iC= S oor39IW M o fid IdA IN& tar UW to a point Aid U94
TNINCL N 1/'2T11' .3.601,11 fiM rids Mkd UA
' I THBNCI N >t9" 41ww. 7,1220/ hd rid Abed R44
THENCE S 00'06'32'W. 2,639.77 hot. to a poir Is MUM Lane;
THENCE N W "wW,2=X hot to dd rOft+T Of tEC;INNINO W 917400 awr (319X0.63!
square far) of Ind, 940 a Ira
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TRACT II
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tE1NO. to aoa tree d bnl tipaa+ is the t pieaa Srwy. Abdrad Na ok Doom Co=M Teaak ad
boiq a prt d a WW 69.316 We trod 4NWW IN 6" 6M W.L Oaeiey d r to Ain MeCateiie r
r- 0 1- a Is VON" 32L too a. Dad Rom* Dun Cm ft Twe, ai/ 2A2 aeu being 2M pertiadrb
~hft r-
rem d tha said 0310 am via
eEGiNNiNO at <r aao eotaYeeq eootlwt
THOM NtT13'tY11►, 3!1.06 fist a the so W4 way of Lwwu WOM Wo,
TNlNC3~ N304131't, LSS K hot aioet rii aoo ti~t~R+rp Yea d tawom mrtwp 3m,
W of tw+me F "W 1
17IMM N2Ta3%!7!, 300,!1 Itet aloal eaifl or tw*-a&wey
THE CL N2D'!o'SM WS to%
THE= So0"01+om fom het M tie pool OF ad MtAIW 3M ree (134161 4 R)
d 104 roe ar Ina ~
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TRACT III
Being all that lot, tract or parcel of land out of
f The James Edmonson Survey, Abstract No. 401 and the James L. Harris
Survey, Abstract No. 555 and s port of the S. A, Pritchett Survey,
Abstract No. 1021, situated about 4 miles south )5 degrees west from
the courthouse in Osnton County, Texas and embracing Parcel No. 1,
Parcel No, 2 and Parcel No. 7 described in the deed to Henry S. Miller
Company recorded in volume 2240, page 401 of the Denton County Deed
Records.
Beginning at the southeast corner of said 3, E. Edsonson Survey in the
middle of a County Road for the southeast corner of said Parcel No, to
from which an Bw pipe post bears north 66 dsgress-50 1/2 minutes west
30-5/10 feet.
Thence north BA degrees-50 1/2 minutes west, to and along a fence for
the south line of sold Parcel No. 10 a distance of 2656-6/10 feet to a
1" iron on the west side of a corder post of a fence, for the south-
E west corner of eaid Edaonson Survey and the southeast cornet of said
S. A. Pritchett Survey and aoutherly southwest corner of said Parcel
No. 1.
Thence north no degrees.)) minutes saet, along the common lips of said
Edmonson and Pritchett Surveys for the southerly west line of said
Parcel No. 1, a distance of 2217-5/10 feet to a 1" iron on the east
side of an old 10" Oak corner past of a fence for a reentrant corner
of said Parcel No. 1.
Themes north It degrees-07 minutes went, along a south line of sold
Parcel No. 1, a distance of 1997.5/10 fret to a 10 iron for the
westerly southwest corner of said Potosi No. 1 and the, southerly
southeast corner of the 42-524/1000 acres tract described in the dead
to the State of Texas for highway right of way recorded in values 529,
page '31 of the sold Deed Records.
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ihenes northerly along the westerly line of said parcel „o. 1 and
sisterly line of said State of Texas tracto
north 27 degrees-24 minutes east 67-4/10 feetj
north 30 degrees-31 minutes seat $99-9/10 feet to a dsmaasd
highway monumentl
north 77 degrees-38 minutes east 312-5/10 feet to a highway
monuments
north 27 degrees-43 minutes seat 644-5/10 fast to a highway
monumentl
north 17 degrees-37 minutes west 187-1/10 feet to a dome4ed
highway monumentl
north 62 dogras•-28 minutes wept 139-2/10 feet to a highway
monumentl
I north 27 dsgraes-28 minutes east 426 feet to a highway
monumentl
north 22 degrees-23 minutes eaat 99-7/10 feet to a damaged
highway monumentl
4 north 27 degress-31 minutes east 1270-5/10 fast to a 1" iron
II in the north line of said Pritchett Survay aid for the
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northwest corner of said parcel No. I.
Thence south 69 dogrses-02 minutes east, along the said north line of
Pritchett Survsy, to and along the north line of sold Harris Survey,
for the north line of said Parcel No. It a distance of 3061-8/10 feet
to a 1" Iron for the northeast corner of said Harris Survey and said
Parcel No. I.
thence south no degrees-06 minutes west, to and along the said middle
of County Road, being along the test line of said Harris Survey, to I
and along the most line of said Edsonson Survey for the test time of
said Parcel Noe 1, a distance of 5299-2/10 foot to the place of
Ito
beginning
within said a County containing gleaving/391 27/100fa awhich 3-96/10 cres exclusivecof esold
Road.
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TRACT I V
Beginning at a 1" iron an the northwest aide of a corner post of e
Fence for the northwest corner of said Parcel No. 2 end by previous
deed call to be the northwest corner of sold S. A. Pritchett Survey,
Abstract No. 1021.
Thence south 89 degrees-02 minutes *set, along the north line of said
Pritchett Survey for the north line of said Parcel No. 2, a distance
of 1602.6/10 feet to a 1" Iron for the northeast corner of said parcel
No. 2 and the northerly northwest corner of the 42-526/1000 acres
tract described in the dead to the State of Texas for highway right of
may recorded in volume 519, page $34 of the said Deed Records.
Thence southwesterly along the easterly line of said Parcel No.,2 and
westerly line of sold State of Taxes tracts
south 27 degrees-33 minutes west 789-3/10 feet to a damaged
highway monument;
south 37 degrees-33 minutes west 405-2/10 feet to a highway
monument;
south 27 degrees-44 1/2 minutes west 424-4/10 feet to a
highway monument;
north 62 degrees-24 minutes west 490-2/tO feet to a damaged
highway monument for a northwest corner of said State of
texas treat in the north line of the right of way of the
I! Denton to Ponder Road.
Thence north 61 degrees-52 minutes west, 'along the said north line of j
right of way of the Ponder Road for a southwesterly line of said
Parcel No. 2, a distance of 423-4/10 feet to a 1" Iron for the
southwest corner of sold Parcel No. 2. J
Thence north no degree0-53 minutes seat, along the west line of said
Parcel No. 2, a distance of 996-8/10 feat to the place of beginning
and containing 354/10 acres.
TRACT V
Beginning at a 3/4" Iron for the southwest corner of sold Parcel No. 3
and being by deed cell in the west line of said S. A. Pritchett
Survey, Abstract No. T021.
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Thence north no degrees-53 minutes east, along the west ling of said
Parcel No. 3, a distance of 1963 feet to a 1" iron for the northwest
corner of said Parcel No. 3 in the Uautherly ling of tight of way for
the Denton to Pander Road.
Thence south 62 degrees-17 minutes east, along the said southerly line
of right of way, for the northerly line of said Parcel No. 3, e
the t42c526/10~0 acresttreatidescribedin monument thfor a e dead southwest wthe State of
~s Texas for highway right of way recorded in volume $29, page 538 of the
I~ said Deed Records.
Thence southeasterly and southwesterly slang the sisterly line of said
Parcel No. 3 and sold westerly line of State of Texas tracts
i
south south minutes a 7/1" iron)
south 21 degrees-39 minutes west 400-2/10 feet to a highway
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monumentl
south 27 degrees-41 minutes most 351-5/10 feet to a damaged
highway monument)
south 27 degrees-40 minutes west 816-5/10 feet to a 1" iron t
for the southeast corner of said Parcel No. 3 and the
southerly southwest earner of said State of Texas tract.
Thence north 89 degrees-07 minutes west, along the south lies of said
Parcel No. 3, a distance of 41-1/10 Best to the place of beginning and
contaii.inq 13-83/100 acres.
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EXHIB[T "B"
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' SERVi . PiAN
Annexation Number A-S9
j Acreage , roposed For Annexation: 1367.12 Acres
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j Site Location.- North of Crawford Road at the
! intersection of 1-3SW and FM 2449
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A. Police Services
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1. Patro!ling, response to calls, and other routine services will be provided on
the effective date of the annexation, using existing personnel and equipment.
2. As development and construction commence within this area, sufficient police
personnel and equipment will be provided to famish this area the maximum
level of police services consistent with the characteristics of topography, land
utilizadori, and population de sitits within the area as determined by the
City Councii within four and one-half (4%) years from the date of
annexation, or upon commencement of development within the area,
whichever ocous 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.
B. Fire protection and Eme=cy Medical &.*j2s fEMSI
s
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 corrunences i vithin this area,
f sufficient fire and emergency ambulance equipment will be provided to !
furnish this area the maximum level of lire and enimlency ambulance
services consistent with the characteristics of topography, land utilization,
and population densities of the area, as determined by the City Council,
within four and one-half (4%) years from the date of the annexation, or
upon commencement of development within this area, whichever occurs first.
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I Upon ultimate development of the area, the same level of fire and emergency
ambulance ser,ces will be provided to this area as are furnished to
comparable areas within the City.
C. >yater/Wastewater Services
Water and wastewater services will be extended to the property in accordance
to the City's master utility plan and Article 4.09 of the Subdivision and Land
AA Development Regulations.
~iV♦
The actual cost of all water and sewer main extensions, tilt stations and
other necessary facilities required to serve dev,0-;1r-nt shall be in
accordance with the City's master utility plan, the Subdivision and Land
Development Regulations and the City's extension policies to include
economic development extentions.
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
necessary facilities are installed by the developer, the developer may 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.
D. Solid Waste .oUtWo
1. Solid waste collection will be provided to the property at the same level of
service as available to comparable areas within the City, within 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. ets and Roads
j 1. The City of Denton's existing policies with regard to street maintenance,
i applicable throughout the entire City, shall apply to this property beginning
with the effective date of the annexation.
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2. Routine maintenance of streets and rolds will begin in the annexed area on
the effective date of annexation using the standards and level of service as
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:s 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 poUci , of the City.
4. Traffic signals, signage and other traffic control devices will be installed as
~a the need therefore is established by appropriate study and traffic standards.
5. Street and road lighting will be installed Li the substantiuAy developed areas
in accordance with the established policies of the City.
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F. Environmental Heat and Code EnfoaemGnt 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
shad 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 proside
these services.
3. The Cityls 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
above, will be provided to this area beginning on the effective date of the
annexation. Existing personnel will be used to provide these services.
5. Flood damage mitigation will be provided by existing codes and ordinances
of the City as of the effective date of the annexation.
r 6. As development and construction commence within this area, sufficient
personnel 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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S G. Planning and Development Sen+ices
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 and wAmming 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.
J. Electrical Distribution
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Flectrical power will be made available to the site as required, at the same level
of service currently tieing provided to comparable areas within the City.
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stmt names and sign will be installed, if required, approimately 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
publicly owned facilities, buildings or services will be maintained In accordance
with established standards and policies now used in the City.
L. Capital 1mRmvemmts Prog=gafal?)
ne 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
of topography, land utilization, population density, magnitude of problems as
related to comparable areas, established technical standards and professional
studies.
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2. The overall cost-effectiveness of providing a specific facility or service.
The annexed area will be considered for CIP 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 1
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ANNEXATION SCHEDULE
A-59
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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 t
Chronicle for second public hearing. {
November 20, 1990 City Council - second public hearing.
November 28, 1990 Planning and Zoning Commission makes j
recommendation.
December 110 1990 City Council Institutes annexation. j
' First reading of annexation ordinance.
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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