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Home My WebLink About02-19-1991 1 r AGENDA CITY OF DENTON CITY COUNCIL February 19, 1991 1 Work Session of the City of Denton City Council on Tuesday, February 19, 1991, at 5:15 p.m. in the Civil Defense Room of City Hall, 215 U. McKinney, Denton, Texas at which the y 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 1. Executive Session: A. Legal Matters Under See. 2(e), Art. 6252-17 V.A.T.S. 1. Consider action in County vs. City. 2. Consider action in elsoe vs.. City. B. Real Estate Under Sec. 2(f), Art. 6252-17 V.A.T.S. { 1. Consider authorization for acquisition of i utility easements relating to the transmission line from the Hartley Field Booster Station to the Ray Roberts Water Plant. C. Personnel/Board Appointments Under Sec. 2(g), Art 6252-17 V.A.T.S. 1. ConiA der appointments to the Building Code Board, Community Development Block Grant Committee, the Electrical Code Board, the Historic Landmark '.Iommission, the Human Services Committee, the Animal Shelter Advisory Committee, the Slue Ribbon F Committee for Storio Water Utility and the t Sign Board of Appeals. 2. Receive a report and hold a discussion regarding the long range transportation plan for the City of Denton. (Transplan modeling project) 3. Continue a discussion regarding the potential sale of the City's commercial solid waste system, consider possible alternatives, and give staff direction. 4. Receive a report and hold a discussion regarding the City'< Capital Improvement Plan and the budgeting procaos. I 1 l1~ F I 3 City of Denton city council Agenda February 19, 1991 Page 2 5, Receive a report and hold a discussion regarding support and funding of the 135E corridor. Regular Meeting of the City of Denton City Council on Tuesday, Texas Council r following McKinney, :ODenton, in the Hall,~ar 15 1991, at items will be considered: 7:00 p.m. i 1, Pledge of Allegiance 2, Public Hearings R. Continue a public hearing and consider rezoning from (NS) District Agricultural a a5.165 ) acre District of land Neighborhood about 600 feet south of University Drive on the west side of Bonnie Brae. (The Planning and Zoning Commission made no recommendation.) ! 290-015 B. Hold a public hearing and consider adoption of an ordinance rezoning a 4.844 acre tract of land from "PD" Planned Development District (PD 106) to "0" Office District on property located on the west side of Bonnie Brae approximately $00 fthe north of M. Oak St., locally known as the Denton r Community Hospital. (The Planning and Zoning commission recommends approval) Z-90-017 3, consent Agenda Each of these items is recommended by the Staff and approval thoreof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. Listed below are bids and purchase orders to be approved for payment under the Ordinance section of the agenda. Detailed back-up information is attached to the Members listing provided o to ordinances (Agenda Athe da Consent 4 Agenda B to . allow .DCouncil This discuss any item prior to approval of the ordinance. I i J • J a 1 City of Denton City Council Agenda r February 19, 1991 Page 3 A. Bids and Purchase Orders: q 1. Bid 01216 - Four Door Sedan 2. Bid 01217 - Utility Truck Bodies 1 3. Bid 01219 - Traffic Signal Luminaire Poles and Ornamental Bases 4. Bid 01221 - Gasoline and Diesel 5. Bid 01213 - Wood Utility Poles 6. P.O. 011979 - Rone Engineering 7. Bid 01215 - Scripture Street Paving and Improvements j 8. RFP 01160 - GIS System 4. Ordinances A. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of materials, ' equipment, supplies or services. (3.A.1. - Bid 01216, 3.A.2. - Bid 01217, 3.A.3. - Bid #1219, 3.A.4. - Bid 01221, 3.A.5. - Bid 01213) B. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. (3.A.7. - Bid 01215) C. Consider adoption of an ordinance providing for the expenditure of funds for professional engineering and testing services relating to the City's landfill. (3.A.6. - P.O. #11979) a F D. Consider adoption of an ordinance awarding a contract for database conversion services to Geonex Martel, Inc. (3.A.8. - RFP 01160) I I i a City of Denton City Council Agenda 1 February 19, 1991 Page 4 Consider nd E. o rdering anoelectionf ton be rheldn in thel CityaOf Denton, Texas, on May 4, 1991, and, in the event + a runoff election is required, on May 18, for the purpose of electing Council the City Council of the City of Denton, Texas to Places 1, 2, 3 and 4; ordering that the punch card electronic voting system adopted by Denton be used in said election; designating County appointing election officials; voting places and lies; and providing for notice of said election supplies, p, Consider adoption of an ordinance amending Chapter 27 ("Wreckers") of the Code of Ordinances to require vehicles towed under the rotation list ' be stored in a licensedf Dhiclo storage facility located within the City o I fl. CConside hapter[ 2 adoption p the Code of Ordinances ordinance by madding I Article VII; establishing and creating the Beautification Advisory Commission. The Beautification Commission recommends approval.) 5. Resolutions A. Consider approval of a resolution delegating to tae Treasurer of the state of Tgsxas the authority i to Invest city funds and to act custodian purchased with City fiinds. B. Consider approval of a resolution approving an , agreement for participation in the Local Government Investment Fund for Texas; authorizing the Mayor to execute the common investment contract for participation in the fund; approving Investment of the investment fund; and authorizing objectives v transfer purposes of public funds to the fund. C. Consider approval of a resolution approving the placement of a local historic site marker in the Civic Center Park to commemorate the history of Quakertown. recommends approval.) historic Landmark commission 1 S City of Denton City Council Agenda February 19. 1991 Page 5 D. Consider approval a resolution i adopting a policy regarding placement of sig at city athletic fields; and designating the i Denton Youth Sports Association as an organization permitted eBoard recommends approval~~he parks and Recreation + 1 i E, consider approval of a resolution approving the infrastructure financing policy and repealing (The Public Utilities acd and the Planning and Zoning commission recommend Planning commend , approval.) F. Consider approval of a resolution auotho` izin the submission of an application Criminal Justice Division requesting funding for 1 a special law enforcement unit to investigate child abuse violations. 6. Miscellaneous matters from the city Manager. A. January Budget Recap I 7. Official Action on Executive Session Items: A. Legal Matters E B. Real Estate C. Personnel D. Board Appointments 9. New Business: This item provides a section for Council Members to suggest items for future agendas. 9. Executive sessions A. Legal Matters Under Sec. 2(e). Act. 6252-17 V.A.T.S. B. Real Estate Under Sec. 2(f). Art. 6252-17 V.A.T.S. C. Personnel/Board Appointments Under Sec. 2(g)• Act 6252-17 V.A.T.S. NOTE EXECUTIVE T SESSION ATUANYL TIMES REGARD NO ANY TITEM FOROWHICHNIT IS LEGALLY PERMISSIBLE. 1 r i 1 I City at Denton City Council Agenda February 19, 1991 Page 6 C E R T I F I C A T E I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton. Texas, on the day of 1991 at o'clock (a.m.) (p.m.) i 3351C CITY SECRETARY i i i 1 1 j r 1 1 s j i r f i A J 1 1 CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TEL EPHONE (817) 566-8200 MEMORANDUM i i i , DATE: February 131 1991 TO. Lloyd Harrell, City Manager FROM: Jerry Clerk, Director of Engineering i Transportation j SUBJECT: Denton Transplan Model i JAS and Associates has completed the Transplan model which includes several 1 model years and staff training. They developed the other two regionally respected models in the NTCOG region at Richardson and Arlington. Since all j the technical details and fine tuning of the model have been completed, we f would like to present the first true evaluation of Denton's Land Use Plan's compatibility with our transportation infrastructure, Several projecte were discovered or reinforced as positive steps to enhance Denton's transportation system by 2010. MODELING THEORY: As you ace aware, the NTCOG had the regional transportation model which establishes basic origin and destination patterns for the entice metroplex. I Denton has been considered an outer region with limited impact on the model. 1 A major reason for that was the lack of detail that existed. Denton's i ' framework of roads included freeways, state highways, and major arterials like Carroll Boulevard. This study has taken the macro model of NTCOG and created a micro model in Denton to allow future detailed transportation planning for the Capital Improvement Program and for development analysis, zoning cases like Lakeview (Bass) and Hunter Ranch (Perot) need to be tied to both local and regional transportation systems to see all the effects. Transportation modeling is based on a functional unit described as a traffic f!` survey zone. Major roads ranging from freeways down to collectors normally I establish the boundaries of these zones. Land use and natural features also create boundaries, The centrold of the traffic survey zone is used to simulate paths to roads at the boundaries where access exists or is proposed f by the chosen year of modeling (i.e. 2010). Transplan is a 'gravity' model in that it feeds vehicle trips along the largest (capacity wise) and shcrtest route to a chosen destination, The key data components are the population and employment figures for the validation (base) year and the model year, such ad 2010. Transplan takes the trips r, , r, a City council Transplan Model page 2 generated by Denton's residential traffic survey zones and combines them with regional trips from the NTCOG origin and destination patterns to create very realistic traffic projections. Employment data is allocated into the proper traffic survey zones to capture the previously referenced trip generation. The first key task in our study was to transfer the Denton Thoroughfare ane and collector street patterns into the new model data base. Capacity by directional flow for one way or two ay traffic were dt d to t be model to create functional traffic systems. Loadings from the raffic survey zone centroid were developed to correspond with actual local street connections to the larger collector and arterial streets. AS was given the traffic count:, for Denton from 1986 to allow validation of agai the del and again until modelomatched theireal trafficzcountedata within na few pert nt ge points, the The comparative year is 1966 because that is when the NTCOG model was 'calibrated'. This was accomplished using data intensive origin and ( destination studies for the entire metroplex that were generated and funded by NTCOG. JAS made sure our new '86' model matched the actual l Demonic icounts from 86. This level of achievement puts the City the 'validation' stage since the model validates real world data. This summarizes the theoretical basis for our model. will not cover f this memosain tthe he presentation unless questions arise. The remainder o presentation will concentrate on the interrelation of the transportation projects in the Capital Improvement Plan Model to the traffic use of the transportation system projected by TransP TRANSPLAN MODELING RESULTSI Since the Gravity Model (Transplan) is the best available simulation for traffic movementa, Transplan is an excellent tool to develop future transportation network funding needs. The City of Denton selected 2010 as the planning year based on a 20 year forecasting period. Our first modeling was completed considering 901 of the thoroughfare plan as complete in place. This quickly proved to be a major overstatement of need versus capacity. Levels of service for all but the three major arterial were at A or B which means all roadways will operate all the time almost congestion free. Our ability to fund all these improvements would place a very heavy tax burden on our citizens. We quickly considering tscaled back to what we felt were achievable lev Plof capacity This model is called the 2010 Phasing JAS and the staff worked for several months to fine tune this model to detect bugs or errors so results would accurately reflect directions and capacities. The 2010 Phasing Plan was adjusted here futurermanje is sere combined Lanes several recent projects likes 11 Loop to 135 2) e t US77rteti addrnetwoess jected McKinney to Spencer 3) Bonnie Braes Scripture 2010 population and employment impacts on The connections and traffic patterns as modeled in Transplan should become key work. elements of the processes used to shape Denton'e transportation net J ` \ 1 i 11 City council Transplan model page 3 The modeling procedure then moved to a results oriented methodology to identify corridors that Denton must provide transportation solutions for by y 2010. These specific corridors are listed in order of importance for your ] consideration. 135E is not listed since it has so much regional impact. 1) Loop 288 - McKinney to 235E 2) Teasley Lane - 135E to Lillian Miller Lillian Miller - 2181 to 135S, Intersections with 135 are the major concern for both roads. 3) Dallas Drive - UNTO TWU, and CBD create the most congested area at the Bell Eagle Intersections Capacity from Teasley to Eagle is also a major issue r~ 4) Eagle Drive - Specifically the area from Bell to Welch Very positive modeling results showed the following roads have adequate capacity at this time and will not need additional CIP funding other than resurfacing or urban section upgrades. 1) Bonnie Brae - 135 to US77, 135 to Willowwood his adequate capacity 2) Woodrow Lane - Paisley to McKinney to Colorado Boulevard 3) Windsor Drive - Bonnie Brae to Old North Road 41 Stuart Road - Sherman to Loop 288 I ' S) Willowwood - 135E to Bonnie Brae 1) Avenue A - I35E to Eagle The following projects are listed as critical for Denton to meet its transportation network needs for 2010. 1) The Loop 288 spur, South Loop 288 (I35E to 2181), and 2499 network of arterials. Estimated vehicle tripe will reach 50,000 in front of the I mall if this entire system is not completed. This project also is critical to relieve Teasley Lane and Lillian Miller, especially the intersections at 1359. Modeling shows the 2499 connection must not align directly with FM 2181 or major negative impacts occur at 135 for 2181 and Lillian Miller. 2) Develop a reliever road like Collins from Dallas Drive (US 77) to us 377/Carroll. The Bell/Eagle intersection has so many fiscal and land oriented problems that additional capacity will cost millions of dollars. The railroad bridge is the major restraint. Additional value is gained by extending Collins from Carroll to Bernard but not as significant as the original connection from Dallas Drive to Carroll/Pt. Worth Drive. i s 3) All the State Department of Highway and Public Transportation projects currently listed on the 5 Year Letting Plan. a. Teasley Lane - 135E to 2 miles south b, US 377 from 135E to 1830 c. US 380 from Us 77 (Locust) to US 377 (north to Aubrey) d. 135E ' 4) US71 from US380 to 135 to establish a north/south transportation corridor. i r I City Council Transplan Model page 4 ccess 5) JThe acinto. And major service reallocation bcarsnnusing theeCwest E ato San results. This is a positive effect on both Loop 288 and the US 77 (Wolf intersection). The southbound off ramp of 135E to Loop 288/Lillian Miller would see an immediate drop of 4,000 care. i I Several benefits that were identified by the Transplan study are as follows. 1) Loop 288 - 135 to US 380 will relieve most of the growth expected locally the wasters section US 380 effects from growth from McKinney, Decatur, and Dallas are still very heavy possible. 2) The Loop 288 Spur, (Spencer to 135E at May '11) is essential to keep the rid-ocked at 500000 vehicles per i Golden Triangle mall area from being g day. This project would split through traffic from retail oriented trips in a very cost efficient manner. ~ 3) The west portion of Loop 288 from 2449 to US380 will not generate enough traffic to warrant consideration by the State for funding. weaterr Boulevard through the Rayzor property and the west airport boulevard (Spine Road) provide more than adequate capacity with four lanes each. More details will be provided at the presentation for specific project alternatives tested like Collins Street, the Loop 288 Spur, Bell Avenue# North Routing as related to need, Carroll, Nottingham, and the Oak/Hickory couplet, impacts on design and neighborhoods# dand the iscussed cost effectiveness of funding , projects in future CIP programs will be This modeling effort has been the first opportunity to evaluate the Denton Development Plan based on the year 2010. Our results show that the State next Highways Denton growth to the forDepartment transportation system. Monies need to be obtained to support projects like the Loop 288/2499 system, major Systems project/ foradUSg 77 to the willUprovide ythe of North Urban 135C to The from area Drive and Texas Dallas north/south corridor that eliminates theneeneed ds for caneent C r o ldBoulevard extension from Sherman Drive. relationships and effective communication methods with the State to keep all these projects on schedule. Two reliever projects were identified - Collins street and the San Jacinto connection to 135 for the south bound frontage road. These provide a cost effective means to address two major congestion issues. Finally, our studies show signals will continue to be a major transportation issue requiring funding. The final positive benefit of our findings seems to be that a significant portion of our street funds can be directed to correcting deficiencies on residential streets. Please advise if you need further information. Je ry Clark 09 1 1 a i i 1 a 6.J ( ti I , CITY COUNCIL AGENDA ITEM February 19, 1991 TOs MAYOR AND MEMBERS OF THE CITY COUNCIL THRU: Lloyd Harrell, City Manager FROM: R.E. Nelson, Executive Director of Utilities RE: Sale of commercial solid Waste System As you know, Texas Waste Management (TWM) submitted a bid for solid ;1.9 million to purchase Denton's andicustomer waste system including list. Based on this bid, on February 5, the city staff recommended to the Council the sale of the commercial system and that the solid waste be directed into Denton's landfill at a rate of ;3.45/cubic yard effective October 10 1991, (Denton's present rate is $3/cu.y . and landfill located south of Lewisville, which is owned y TWMI has a rate of ;2.55/cu.yd.) on February 5th, prior to the Council meeting, TWM advised Denton that they would not honor their bid if Denton required them to haul the solid waste to Denton'e landfill. instead, they on the concept of Denton wanted tocontinue discussions shutting down its landfill and TWM installing a transfer station in Denton, which would serve Denton and the region north of Denton as a solid waste disposal station. n recommendation,the originalsince After further egotiatisthewith staff continues to support As background information, it is noted that the bid would be documents included that the license to operate inlDenton rwhich, of required course, TWM presently has for the 35-40% of the lfcensecepecifies customers they now serve in Denton. that Denton may request that the solid waste from those commercial customers be either directed to the Denton their landfill or directed elsewhere. When c sumitted edoth t bid, they did not take any exceptions to provisi of the bid specifications. 1W V r 1 i i CITY COUNCIL AGENDA ITEM PROPOSED SALE OF COMMERCIAL SOLID WASTE PAGE 2 The reason for the recommendation to direct the commercial solid waste into Derton's landfill le to prevent a $3 to $4 per month increase in rates to residential customers that would occur if the commercial customer's solid waste volume (which represents 260,000 cubic yards of a total of 360,000 cubic yards per year at the landfill) were diverted elsewhere. As an alternative solution, Denton had given consideration to securing a long term solid waste disposal contract and shutting down its landfill prior to implementation of the new solid waste regulations known as "Subtitle D". These regulations are expected to be issued in the first quarter of 1991 and would become effective 18 months after issuance. Denton had been discussing with TWM the concept of filling eittherDenton's "permitted" landfill volume, which is app a Y 1.5 800000 cubic yards of or 500,000 cubic othe next 18 months, acid then assisting TWM in getting a Tx. State Health Department permit and city zoning for a with TWM a "Solid acontract n for r solid Station" waste disposal. long term I In these discussions, TWM offered to pay Denton $1.7 and set a residential Cesolid ~wasteiat thedproposed for ptransfer Dstation with an annual CIP escalator and an escalator for any new EPA or Health Department regulatory costa. This proposal was also tied to TWM delivering approximately 380,000 Denton for and payingi$1.25/cubicsyardlandfill months solid next cubic 18 yards of landfill space. Although the $1.7 million figure sounds attractive, Denton would be giving up over one million cubic yards of r "permitted" and "open pit" landfill space, which is believed to have a market value of $3 to $3.45 per cubic yard, receiving only ;1.25/cubic yard va ;3.45/cubic yard ill foryards for the above-mentioned 3cubic0yardcubic disposalaoffour apace, and paying $6 P'-r residential solid waste at the proposed TWM transfer station. The staff considered the $6/cubic yard to be too the all laof our ndfill analysis high considering t at that for y a i$3i we can break e 45/cubic yard price for the next four to five years. I r. 1 CITY COUNCIL AGENDA ITEM PROPOSED SALE OF COMMERCIAL SOLID WASTE PAGE 3 in subsequent discussions since February 51 TWM has offered to reduce the Transfer Station rate to $5.20/cubic yard starting in approximately July 1993 which Is the earliest a transfer station could be permitted and constructed, allow Denton to dispose of solid waste at the DFW landfill for $2 per cubic yard vs $2.55 per cubic yard i~ from October 1992 to July 1993 and pay Denton $1 million in October 1993, and $175,000 each October for 19941 951 96 and 97 and has offered to deliver sufficient solid waste to Denton's landfill over the next 18 months to fill the 800,000 cubic yards of open pit space presently available= however, they have expressed they can only pay $1.25 per cubic yard for this space. When performing the analysis on this scenario, the cumulative value in the year 2000 is $543,000 vs ;2,1371000 for the scenario the staff recommended. (In the scenario where Denton would be the franchisee and provide service to 1001 of the commercial customers in Denton, this cumulative value is $3,761,000.) One of the major questions that arise from the staff's recommendation of "sale of the commercial" and "keep the landfill until it is filled" concerns the proposed solid waste "Subtitle D" regulations. The staff has sent several personnel including managers and engineers to workshops and briefings put on by the Environmental Protection Agency (EPA) and the State Health Department personnel, plus have met with the engineering firm of HDR, the original engineers of Denton's landfill, and from all Information gathered from these meetings, Denton believes that Subtitle D will not have a serious impact on Denton's operations or costs. One of the most severe issues of Subtitle D is expected to be the requirement for double liners and, perhaps, a lechate collection system which could cost as much as $2/sq. ft. of bottom surface or $80,000 per acre. However, Denton will have already completed all of its bottom liner prior to the implementation of Subtitle D. Even If Denton expands the landfill, this $80,000/acre cost only translates into $1/cubic yard since we can place approximately 80,000 cubic yard of solid waste on each acre. E E J \ / i S 1 1 CITY COUNCIL AGENDA ITEM PROPOSED SALE OF COMMERCIAL SOLID WASTE PAGE 4 Another issue is the requirement to install ground water , monitoring wells and monitor those for 30 years. Denton l has already installed groundwater monitoring wells and is already monitoring them as part of the landfill operation and the wastewater treatment plant. I Since Denton probably will continue to operate a wastewater treatment plant for at least 30 years, Denton will be required to monitor the ground water anyway. If any groundwater problems are discovered with the landfill, Denton would be liable regardless of Subtitle D. It should be noted that if the system is not sold and Denton does not become the exclusive provider in Denton, it will probably be necessary to increase residential and commercial rates by approximately 51 to 61 for fiscal year 1992. In all "sale of system" scenarios or "Denton as exclusive provider", the residential rates were assumed to remain at ;9.95/month for 1992. in "Denton as the exclusive provider", it was assumed that there world be an approximate 3.51 increase per year in commercial rates from 1992 through 1997 and 51 increase per year thereafter. i Atteched are the analysis documents for TWM's latest proposal identified as "Scenario IAAA", plus Scenario 2 which is the staff's recommendation, plus Scenario 8, which is where Denton becomes the exclusive provider. SUMMARY The Staff recommends that Denton either sell its commercial system or become the exclusive provider in Denton; that, if the system is sold, the contract be awarded to the successful bidder, Texas Waste Management, at the bid price of ;11900,003 that the successful bidder be required to dispose of at least the commercial solid waste that Texas Waste Management is presently disposing in Denton's landfill, plus 100! of the solid waste from 1 1 CITY COUNCIL AGENDA ITEM PROPOSED SALE OF COMMERCIAL SOLID WASTE PAGE 5 the commercial customers that they acquire from Denton's customer list; that other solid waste haulers in Denton be required to haul Into Denton's landfill to the extent that Denton receives approximately 360,000 cubic yards per year; that the price of disposal in Denton's landfill be raised to a price ranging from $3.30 per cubic yard to $3.45 per cubic yard, effective October 1, 1991. Re~ctfyul} , 'Yw~~ I .E. Nel/son, Executive Director Dept. of Utilities/Community Services i { APP VEDt Lloyd V. Harrell,City Manager r y E i 4 I ' a f j b g r if SCENARIO l AAA r I{ 1 1IrJ 1 y f IF. Y' Y ,J A UIY ~~A/Y 11 rI a / O U' I 1~yYA! lY J ~gg a p R za ~4 LLJ ~ a W' a low w i Np w0 U', a a a Y H NON aid S - 31VU IVIA30183LI I W RES RATE & CUM NET G/L COMM SELL - LF ACCEL - TIP STATION 20 i5 15 i0 RES RATE I N t ~ ~ i 10 6 ~ I { CUM QA*0M I _ 5 0 iSS E ~ I OF .5 1991 1 3 1995 147 1999 2001 2063 2Ob5 19 1994 1998 1996 2000 2002 244 i ■ CS-LA-TS SBEW10 1AAA a 1 ~s I 1 CODE: CR - COMM RETAIN LD - LANDFILL DECREASE FILL LE - LANDFILL EXPANSION CS - COMM SOLD LC - LANDFILL CURRENT FILL U - LANDFILL INCREASE CRD - C RETAIN DECREASE LA - LANDFILL ACCELERATE FILL DH - DIRECT HAUL I CRE - C RETAIN EXCLUSIVE TS - TIPPING STATION COMMERCIAL OPTIONS 11110i 1662 1/3 1661 1666 Is6 is" I$" lm am not am 6N6 x661 6666 I SCE,NAA,R.IO WS PATE 6s 6s 6s n.16 16s nu law 16s l6s its its its 16IS um a.s J.1'Sf1!! 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I 1, 4313 NN 1111 4301 1119 113111 kill 6614 NSt NN , NN IN NN 11,411 N,NI 11 111 Mto714N w1 1,121 I,NI • 1,111 1 I,Ifo LISt 0"I.111 I,IN • I.NI • I.AM 1,400 I,tl1 I.IN 1.~ 1,111 I,IN 1,166 lulu 11111 later tunl little 11111t little milli null 18111 lout liras 2114It 111110 2111.1 east 11111 N Ill loll) INI 11110 124 lilt IN 1114 112 on 41141 /'11114 4311 1251 1119 to INI 100 N04 i It1431 1tst$$ hall 111111 Hem 111111 $totlo little fart 121111 nun Huff Iloilo 1111rt nun null 100tH tails j So "Will it Ll10 1.104 7.101 1.IN 1 , ISI 1.110 3.110 1.151 1.114 4.519 A.$N 4.46 1.111 1.111 LNI 1.410 1.IB fttlli 1 o111 40 LW(tl if 1.IN 3.100 1.100 3,101 S.451 1.470 1.419 1.451 1.119 4.134 0.111 4.151 4.111 4.551 1.151 1.114 1.110 I 1 1 1 1 r D CITY or golf, TSXAa MUNICIPAL BUILDING / 215 E. WKINNEY / DENTON, TEXAS 7610_ DIEN MEMORANDUM I DATE: February 13, 1991 i TO* Lloyd V. Harrell, City manager THRUS John F. MCGrane, Executive Direct of Finance PROMS Mark McDaniel, Budget Analyst i 1 SUBJECTS CITY COUNCIL FEBRUARY 19r 1991 NORRSESSION proposed agenda and illustrations for out briefing with Please find attached a the City's CIP and related budgeting process, J 1 the City council regarding In addition, the Planning and Zoning Commiealon held a public hearing on February 1991 writ-i9bng, CaPSS3 thThe eir following 13th to receive input from the public for the organizations were represented in person, or in and recommendations are included in the attached material for Council's review. Denton Public Library Advisory Board p Denton Airpo North Lakes Neighborhood Association f Central Business District Association I Denton Independent School District it I can provide additional information that may be helpful, please advise. , r MMcDsaf j Attachments 5642P i { i 817/566.8100 D/FW METRO 431.2529 , AGENDA 1991-1992 THB CIP AND''HB BUDGE'~a PROCESS • ET PROCESS IN BRIEF THE CAPITAL AND OPERATING BUDG • BfiT1 ER IDENTIZCATION AND BETTER TIE OF OPERATION AND ~ENANCS COSTS RELATED TO EACH CAPCCATEGORY~ ANNUAL INFLATION RATES BY EJG'EgBTS) (NEW GENERAL PROJECT DETAIL • PLAN SCOPE • ITEMS HAVING A USEFUL LIFE OF MORE THAN TEN (I0) YRS • BLJDCIe SCOPE AJ.L CAPITAL rTSMS ATING FORMS Pa'Z COMMISSION s DISCONTINUATION OF CRITERIA R IMPACT ON' BASED STAFF RECOMMENDATION TO AND UPON PROJECT EVALUATION AND I PUBLIC SAFETY, HEALTH AND LIFE! 2 LEGAL REQUIREMENT$ LIABILITY OR MANDATE;' 3 QUALITY AND RELIABILITY OF CURRENT SERVICE LEVEL; *IOMIC GROWTH AND DEVELOME$T ANDYALUB 4 ECO , S RECREATIONAL, CULTURAL AND ' 1 I a I 1 i T~-TF R~TDC~ THE CIP CAPITAL PLAN THE MAJOR BUDGET ISSUES REPORT THE PROPOSED OPERATING BUDGET j THE ADOPTED OPERATING BUDGET a THE ADOP'T'ED CAPITAL BUDGET i 1 1 i 1991-1992 ~ KEY DATES DEVELOPMENT OF THE CAPITAL IMPROVEMENT PLAN DA r$ AC77ON FEB. 13, 1991 PUBLIC HEARING REGARDING CIP (UTlld17 AND GEN GOV) WORKSESSION REGARDING CIP PROCESS FEB. 27, 1991 STAFF CAPITAL BUDGET KICK-OFF (GEN GOV) I MARCH 27, 1991 ALL STAFF CEP REQUESTS DUE IN BUDGET OFFICE (GEN GOV) , APRIL 10 WOR 17,1991 PUBLIC UTILITY BOARD FINAL CONSIDERATION OF UTILITY CIP , APRIL IS, 1991 STAFF GEN GOV CIP PRESENTATIONSTO MANAGEMENT APRIL 17, 1991 MANAGEMENT GEN GOV CIP DISCUSSIONS MAY t, 1991 BEGIN STAFF CIP PRESENTATIONS TO PLANNING AND ZONING COMMISSION MAY 71, 1991 PLANNING AND ZONING COMMISSION FINAL CONSIDERATION OF CIP { I JUNE It, 1991 PRESENTATION OF CEP TO CITY COUNCIL FOR CONSIDERATION I i Edward J. Coomes, Jr. Chairman, Denton Public Library Advisory Board 809 Denton St. r Denton, TX 76201 February 7, 1991 Mr. Frank H. Robbins, AICP Executive Director Planning and Development City of Denton 215 E. McKinney Denton, TX 76201 i Dear Mr. Robbins: This letter is in response to your requests to be included in discussion of the Capital Improvement Plan for 1991-1996. The Denton Library Board requests 2.4 million dollars for the purpose of building phases one and two of a library at Teasley Lane and Lillian Miller Parkway, If phase one alone is built$ the amount of additional bond money needed Is $700,000.00. The Denton Library Board has been considering future library needs in Denton for many months. The Board, specifically, has examined such issues as selecting and hiring an architect, land acquisition, and building. Some months ago the Board unanimously recommended Hidell Architects, In its meeting of January 17, 1991, the board unanimously recommended acceptance of a land acquisition proposal forged out by W. Rick Svehla. The City Council, at its meeting on February 5, 1991, voted unanimously in favor of accepting that land acquisition. The Denton Library 9oard at its January 17, 1991 meeting also unanimously approved expenditures to develop its portion of the land at Teasley and Lillian Miller and to commission the architect to create a model of the new library. It is now time to move forward with the building of the library, and thus this Is a request that funds for that project be included in the CIP for 1991-1996. The new library will benefit the entire Denton community. It is to be built so that the whole community will have easy access to it because it will be located at the confluence of two major traffic arteries. The land will have a sidewalk and sufficient parking to conform with City standards. For a number of years, existing facilities have been approaching inadequacy. More space is needed to house collections and to conduct programs for citizens of all ages. i I Mt. Frank Robbins February It 1991 in this age of page -2" f Denton's citizens. a the City to recognize those rieed; ans. be met. Literacy Progt facilities are essential forcrucialufo iothe C 1,ibratY it is needs can support them expanding educatlonal needfashion so that the and the materials Co practical, down-to-ea ntinuing education Programs' children'o programs, is citizens. the kinds of business 1i are crucial for Denton keep which will to attract and t need facilities fflce{s and . ilities are necessa_Y especially t of their o l businesses ,Adequate library fac High tech on and personal developmen and educat on on which Denton wants. education and personal of libraries to bust7esses the continuing of the impo very attractive those. contribute to Enlightened Understanding s wriell eprove to be ssible employees. Policy Denton as a Po 'e public Denton and those who e facilities should have a the part of Denton ng library corporate ~ which are already in xamin rtant for Denton' - individual importance of Since development is impo All cltlzens - the business 1991-1996• which stresses very high Priority in the CIP for ned leadership .111 benefit from an enlighte I am available at S nest. If you have any questions, libraries. Thank you for considering this ceq I 565 lggl, make a presentation, and answer -3392iW) or 382-2968(H)- also come to the meeting on February 13, „ I shall this request. 1 questions concerning sincerely YOOre, s Jt } C w~alr J. me I Ed g Chairman Advisory Board City of Denton Library i SJc0s 2oloH ccr Mayor Robert C City Council Membetsr Denton n City Manager Mt. Lloyd HetcellLibrary Director Mrs, Joells Orr, Board Membets, Denton Library i I _1 E Mr. Frank Robbins February 7, 1991 Page -2- Library facilities are essential for the education of Denton's citizens. In this age of expanding educational needs, it is crucial for the City to recognize those needs in a practical, down-to-earth fashion so that the needs can be met. Literacy programs, children's programs, continuing education programs, and the materials to support them are crucial for Denton's citizens. Adequate library facilities are necessary to attract and to keep the kinds of business which Denton wants. High tech businesses especially need facilities which will contribute to the continuing education and personal development of their officers and employees. Enlightened understanding of the importance of libraries and education on the part of Denton's public policy makers will prove to be very attractive to businesses which are already in Denton and those who are examining Denton as a possible home.. I Since business development is important for Denton, library facilities should have a very high priority in the CIP for 1991-1996. All citizens individual and corporate { will bene,it from an enlightened leadership which stresses the importance of {l` libraries. Thank you for considering this request. If you have any questions, I ant available at 4 565-3392(w) or 362-2988(H). F I shall also come to the meeting on February 13, 1991, make a presentation, and answer questions concerning this request. Sincerely yours, Edwa~ee, Jr. Chairman City of Denton Library Advisory Board EJCsjs 2010H cet Mayor Rubert Castleberry Members, Denton City Council Mr. Lloyd Harrell, City Manager Mrs. Joella Orr, Library Director Members, Denton Library Board 1W .7 A r° i n y I \I 1 AIRPORT DEVELOPMENT SCHEDULE C,I,Y. FUNDS TOTAL 10~ 90! ESTIMATED LOCAL FAA PROJECT COST FUNDS FUNDS i (1991) 1. Land Acquisition North and South End 126,400 12,640 113,760 For Runway Extension, (1992) 2. 1000' Runway Extension South, 1,2480800 124,880 1,123,920 Replace Drainage Under Runway, Extension M.I.R.L, Lighting System and Taxiway and Build Holding Apron. (1992) 3. New Master Plan 100,000 100000 900000 (1992) 4. Overlay Runway 17/35 and Repaint 1,068,300 1060830 961,470 (1992) 5. Seal Coat Taxiways and Apron, Paint 237,250 23,725 213,525 Taxiway Stripes. (1993) 6. Construct North Holding Apron 95,300 9,530 85,770 i (1993) 7. Land Acquisition for 1500' Extension 1,391,200 139,120 18252,080 North, Re-construct Masch Branch Road around end of Runway (1993) 8. Extend North Runway 1500' and 11945,280 194,528 11750,752 Taxiway, Move All T.L.S. 1500' North and Install Taxiway Lights (1994) 9. Executive Jet Parking Apron 100' 242,300 24,230 218,070 X 150' (1994)10. Commercial Service Apron 480' x 195,900 190590 176,310 150' 11. Ne'.p Terminal Facilities Notes The remaining figures will be available following the New Master Plan. 12. Automobile Parking Facilities with Security Gates at Entrance 13. Crash/Fire Rescue Facility 1 a 1 Page 2 14, New Fuel Storage Facility 15. Water/Sewage to west Side of Airport J 16 , Land Acquisition for•$arallel Runway and Taxiway w Taxiway R°nWest side of witht Holding parallel APr~s 17. Airport s 17/35 18. Stub Taxiways between Runway and New Runway 17L - 35R 19, I.L.SiSystem and High intensity Lightng system 20. Install P.A.P.I. System Apron s 21. Construct West Aircraft parking etem 22. west Side Automobile Ronde t Side rminal Facility 23. New Te 24. Control Tower West Side 25. Automobile Parking Facility C 6 4 S. D for Aircraft Groups Airport Class This Design criteria is for i 1 y d Dear Mr. Robbins, Here are some of the project/problems that have been on my mind. You may recall we discussed the bridge railing on the phone. 1. To at cornertofdMalonee&r University, tTotalsoamakegthatsportion ofidge sidewalk even. WHY1 Would provide safer crossing for elementary school children using that crossing. BENEFIT, School children of the neighborhood & other pedestrians. ; 2. To fix the crumbling curb on south corner of Malone & University s in front of 7-11. attention b the crossing ;SHY, This problem was brought to my atte y guard... It is too easy for children to trip over the curb,es-)ecially ones with bikes, as the front tires catch funny on thanduthe amount Children are crossing at very busy times of the day, of time to cross is very short. BENEFIT! Would provide safer crossing for elementary school E children & other pedestrians, plus it look nicer. 3• To paint & put back reflectors marking lanes for sount & north bound traffic at corner of Malone & University on both sides of the j intersection. Most all of the recently installed reflector bumps, have come off. WHY1 It is very difficult at night or in rain to distinguish the lanes especially the left turn lane. BENEFITi Any driver using that intersection - for safer crossing. i 41 To add cement finishing siding to brick center mediums at corner` of Bonnie Brae & University. WHY! Would make them look nicer and like other brickouldiums o in the city. Would allieviate broken, chipped bricks. allieviate the possiblity of a tire h itting them and loosing control. BENEFITS entire community/ any drver. add as you comeroffeofo1-35+r andstakeetheilargecrightthandecurveeontoYB University. WHY1 At night and especially in rain, it is very hard to see that curve until you are right upon it. There are currently no lights or reflectors of any kind. driver. BENEFITi entire community/ any 6. The problem of trucks & cars turning onto the center mediums along university where the recently installed grass was planted. WHYi It looks terrible & is crumbling the curbs. Maybe the curbs need to be taken in some more adding more street room. o for anyk plnicer antings for inside business the almediumat stretch and BENEFITe would be better familytof8beavershhasomoved Din, WesCreek alog tern Sizzlern restaurant, vacant and built 2 dams!! l` a Y WHY, They are destroying some very large established trees, When spring rains come will the creek be effected b e s? I called animal control the first of January and theytcamearight 1 out to look at it. They in turn contacted the drainage After some time, r called the drainage dept, to check ondthe.progress, old Indtherewas that theywwouldgt ke alltthewtreesrdown, If some of the trees get equipment that the matter does might have been cut. I Just want tIt look as o makessure Hopefully then some taken quickly as saved, Possible. Thankyou for your interest in hearing from us and encouraging better participation and communication in the city of Denton. I sincerely, Rhonda Tramel 1601 Amherst { 382-6348 /t f, n ~?3 J~ 7r4Lt/~(u~f ~ ~<..0 3S7 3bd)(, t' he"t c- Q~C-Gr) a( Con v~ i~Q~Ze~ /Le~2 y~ ucc tiJ 1nc~✓~ 4c, C '~lun "'14rf tT L~ 4 .1" 0iy o~C a v? / -tee u alzc>>J Pt 2an~. CiC<t.~:s1 r Q f.f 1.L f.~ lj c~ CI(p eiVl)f ~ U z4 • /1 r /J +t H i ~R c cat -lv, ! hr. l /,L Q Gtr«_el, c<a [ ytf C.(o -0-VInk 11,[L, Y, - I ` 1 I I1 I Denton C*B*D*A Central Business District Association 'Together We're Bever' February 12, 1991 Frank H. Robbins Executive Director of Planning 6 Development City of Denton 215 East McKinney Street Denton, Texas 76201 Dear Mr. Robbins: We appreciate your inquiry of January 91st regarding our input to the Capital Improvement Plan annual review coming up tomorrow evening. Unfortunately, time has a way of slipping by. It has been difficult to get all the volunteers in the central Business District together to discuss this in a timely manner, but enclosed please find three recommendations. We would appreciate your thoughtful consideration of these. Thank you again from all your friends in the Central Business District. Sincerely, Sharon L. Jeffries l} President Central Business District Association Enclosure SJ/sh i 100 West Oak suha 204 • Denton, Texas 76201 • (817) 588.8629 F 1 1 CENTRAL BUSINESS DISTRICT RECONXENDATIOUS FOR CIP Additional and more adequate ■ignage Signs identifying the historical significance or bill boards identifying the community and the historical importance of our community to be located on major highways intersecting our community. The second set of signs would be directional, pointing out the direction to the downtown areas. We would suggest that this be done directing traffic through or close to both of the Universities in our community. We feel this would have a positive impact on the community as a whole as well as provide for the tourist dollars necessary for the revitalization of our economic base in the community. Funding a study for utility abatement The funding for a study for an abatement for the utilities in the downtown central business district area. As a unique and certainly valuable asset to our community, the Central Business District has within it some 450 businesses located in most cases, ^ less than modern facilities. As part of the historical district, many of these building are old and use electrical service for air compared conditioning a other amore ~ecMost onomically ydeutilities are signed buildingsggetc. We would like to protect for the entire community the historical significance and allow for the continued renovation of these old buildings through some type of adjustments to costs for users of utilities in this district. Law Enforcement and Public Relations for tho Central Business District With increased development in both retail business and residential development in the Central Business District, more vehicular and pedestrian traffic both day and night. To facilitate both crime prevention and other problems associated with the movement of people, consideration might be given to and handle for parking ally a developing lations position function a arfoot ound patrolman the square to public re enforcement, etc. In at ruch as most of the community uses the facilities and businesse6 in the district, we think that this proposed project would benefit the entire community. r 1 I Denton Independent School Di8triet orn<c or tr{ u,'{~.+I {ura.'Nt[N pc r1 10 •ubN U{ •n•.{ r O BOX 3]!1 DENTON. TEXAS 78202 j February 13, 1991 Hr. Frank Robbins, AICP city of Denton 215 East McKinney St. { Denton, Tx. 76201 1 Dear Mr. Robbins: ou to ld for The Denton Independent ocects within the frameworkeof the city's consider the following rrram: capital improvements p g , The existing sidewalk on the southwest property of Evers Park Elementary School Parkway should be extended south along Evers to Windsor. The sidewalkk ouldind n "tie" in with the existing This project would provide a safe, hard surface for students and parents to use in attending this school. Students as Young as five (s) years of age must walk in the street in order to avoid wet, overgrown grass containing weeds and grass burrs. In addition, the arareater around the school has increased creating g hazard. -he This project would benefit stricklandb3unior High. Evers Park Elementary and these The project would provide a measure of security to those parents whose children attend facilities. 2. Loop f289 andh Kihoul Row, ins Thel inclusions of corner project would provide parenorcughfare dintordethto safe crossing of a busy J 1 t 1 \ IY1`^r1 i transfer between the Bodge/Woodrow Wilson attendance both zones., not able to plan for the refficienthuse ofdistrict is facilities. This project would directly benefit those parents in the Hodge/Wilson attendance zones8 a whole would { indirectly benefit the community 8 providing greater flexibility and efficiency in in determining attendance zones for the school 1 district. 3. therentrancliht e to Ryan needs High School- his device emust to be installed on have a left thenscsignal hool. traffic Into in he driveway y of congestion 9on McKinney and allow fora alleviate traffic pattern. IJ- This will benefit the entire community. Sigh school ! + students throughout h e immediate newill be atte ighborhoodnofng ' Ryan High School. ~ McKinney and Loop 288 will also benefit. Thank you very much for the opportunity to provide input into the City of Denton Capital improvements Program. Also attached Park is Ela letter from ementary Schol.LlThiselett Assistant r describesithep Evers side- walk situation on that campus. r Sincerely, Gilbert Bernstein ary cc: Mrs. Barbara Coleman# ssistantloPrEvers Park incipal, EversntPark Mr. Gerald Klein, , A Elementary I 1 I 1 1 I I .4~ Piers llirh ylctttetttaq ~cEjool BARBARA A COICMAN. PNINC1111 3300 FVCRS PARKWAY Menton, T me 76201 y r February 12, 1991 TO: Gilbert Bernstein FR: Gerald Klein, Assistant Principal RE: Sidewalk on Evers Parkway The project that we would like to submit for consideration to the Capital Improvement Plan for the City of Denton is the construction of a sidewalk for students that live In the Evers Park School area and the Strickland Junior High area of Denton. The sldewalk would be extended from the existing sidewalk on the southwest property of Evers Park Elementary School and run south along Evers Pkwy to Windsor, At Windsor the sidewalk would tie into the existing sidewalk which runs along Windsor. The project would solve several problems. It would provide a hard surface for the i students to walk on coming from and going to school, which would eliminate students having to walk in wet grass, mud, or in the street. Also this area is not kept mowed C regularly; therefore, children at times have to walk in lall grass which contains weeds and grass burrs. 1 My main concern, along with the Evers Park PTA members, Is the safety factor for students. Without a sidewalk for the students, which range in ages from 5 to the middle teens, they have no hard surface to walk on unless they walk In the street. Walking In the street is definitely a hazard. As the years have passed since Evers Park was built, the traffic around the school and along Evers Pkwy has Increased tremondously greatly Increasing the hazard to the students. This project would benefit the neighborhood around Evers Park Elementary and Strickland Junior High, but its greatest impact would be on our most precious asset, { our children. The project would benefit the students who walk to Evers Park School along Evers Pkwy and students who walk to Strickland Junior High. I ,II c: Barbara Coleman { i _J I F • /IIr MY of DENTON, TEXAS MUNICIPAL BUILDINO / DENTON, TEXAS 78201 / TELEPHONE (817) 588.8307 Offs of the G y Manager M E M O R A N D U M i TO: Lloyd V. Harrell, city manager FROM: Rick Svehla, Deputy City Manager DATE: February 14, 1991 SUBJECT: 1-35E Corridor Study Attached you will find a proposal from the firm of Winstead, f Sechrest & Minick and also a letter from Chuck Owens, City Manager of Lewisville. These two documents are the result of several meetings that we have attended on efforts to begin a series of activities that would move additional construction projects on I-35E ahead in the Highway Department's funding and { j letting schedules, As you recall, we have briefed the Council earlier on the preliminary discussions that we have had, and more recently, i these efforts were discussed at the Denton County Mayor's meeting last month. in your letter from Mr. Owens, he is asking for an indication of support from the city's that are interested. Staff has reviewed the proposals and think it is a worthwhile effort. As you know, the Highway Department is having severe funding problems. Several sections of I-35E from I-635 all the way to e Denton are in the 10-Year Development Plan. However, with current funding and projected funding for the next ten years, the Highway Department will only be able to construct about 40% of that program. I might also point out that the 10-Year PDP does not include all the sections of I-35E from Denton to I-635 in Dallas. We think the approach that Mr. Dean is proposing is a good approach. It would give all the cities in the counties a proposed plan and strategy for trying to implement more of the projects into the Highway Department's strategy. At the same time, it would take into account each of the individual entities work plans and make sure that this effort did not conflict with those plans. This is why the staff feels it is a worthwhile endeavor to participate in the project. a a f 1 I-35E Corridor February 14, 1991 r Page 2 At the same time, we realize that we have funding problems also. That is why we would suggest to the Council support for funding Alter,.ative 03. That would ensure the most participation and the least cost for all entities. We would ' certainly recommend this alternative to the Council. We will j continue to try to get other entities involved, particularly, the counties. ' If the Council is supportive of this effort, our only source of revenue would be the Manager's Contingency Fund. I do not i eagerly recommend this funding source. However, 1 think the project is certainly one that would be important enough to fund from this source. If you or the Council has further questions, I would be happy to try and answer them at your convenience. j j Rick Svehl 1 Deputy City Manager 1 RS : bw F 5241M 1. A Attachments I I i i i I i E f I J 1 a I 1 WiNST JAN 2 3 1991 S E C H --cTI I Q J l i t 5500 Remissuue Tower -CI1Y R:h~Jq,l d 1af 1'{3141142.1700 1 1201 Elm Seine & MiNIC-^_~~..~^._ Teka 73-0051 Dd1as, Teas 75270 A Prdmianal Corpomion Telacopiee 1216 755-5390 NuAs HousTON AUSTIN Attorneys & Counselom Direct Dial: WAMINGTON, D.C. 745-5232 I~ January 22, 1991 e e I Mr. Lloyd V. Harrell City Manager City of Denton I 215 East McKinney Street l Denton, Texas 76201 Res IH-35 Proposal Dear Lloyds As discussed recently, our firm is submitting this proposal for the development of the IH-35 project. Based upon the recent conference with area municipal leaders, it is our understanding that IH-35 is a major concern to the communities, and there appears to be some interest in moving forward with a "task force" type structure. A j It is our recommendation that the interested local governments band together to create a task force which would oversee development of a strategy and implementation of the agreed upon strategy for IH-35E. This effort must be unified, that is, the cities and counties involved must share the goal of improving IH-35F and be willing to make a long term commitment. This proposal focuses upon a due diligence/analysis which t would involve background research, development of a strategy for bringing forth the IH-35 improvements in a timely manner, and the implementation of the project development strategy. Each of 1 these components are interrelated. The Initial primary focus will involve the due diligence background research and development of a project strategy. I. Due Diligence/Analysis. A due diligence analysis will be performjd to gain a better ! { understanding of the IH-35 project in total, as well as the myriad of issues affecting this major improvement. This review i y t d 1 1 Mr. Lloyd V, Harrell January 22, 1991 Page Two will include in-depth research of activity pa along state Departmenthw and public Transportation ( SDHPT") of Denton. Dallas Central Business District through the City the particular emphasis will be upon IH-35 from Loop 635 through review down nunderstand City of Denton. This length of Iwe would broken projects and for each project, An sneering, construction project scope, status of planning and g ame requirements and forecasting (and evaluate s), richt of way construction time frames. A due diligence review would lalso evaluate targets for this funding and begin to establish reaistic funding construction . This review would include forecasting { project. upon available funds at current funding levels and with the would be id seg. Secial potential tax in nPafunds allocated tforiomaintenanceP and tfunds dichotomy as this project falls within the allocated for added capacity letter category. Throughout the due diligence analysis, our firm would confer with desires r for mtheeiHg35dimprovements,tasuwellsasnother particular which could be priorities within the particular city or county affected by IH-35 project development and construction. We would x articipate c to eXfurthere ihol ncrease whdeveich nt k afrca alsoerrescommen c 1 iew this project is to ons P memb of the status of consensus, which is an absolute necessity AY if be brought to a successful comp the other projects important to the task force members mould also be completed in order to develop a solid understanding of , potential impacts on the IH-35 improvements. 635 Particular attention would be paid to the Loop improvements and the already ongoing Central Expressway reconstruction. A proper analysis will involve review of the o acts, funding constraints, and whether the ts could b be e s of ongoing ng these pr j anticipate that all profac task f satstheesame time Y Analysis will also involve review, of potential DART involvement, Stemmons HOV lanes, Sub-Area Study and a will include consultationlwith District The background analysis 18 of the SDHPT, SDHPT administration iii Austin, State Highway Federal Highway and Public Transport ~iandon cand delegations, ation Administration, TransportationpInstituteCnd Council Texas andAbodies.yr As is I I I Mr. Lloyd V. Harrell January 22, 1991 y Page Three evident, it is necessary whichhave will involve not only Chet actual the IH-35 improvements highway projects listed within the SDHPT's PDPlso an understanding of the many issues affecting those projects. II. Development of project S:rate ] fund upon completion of the bee the l cg a ce and aackprogrou analysis, the next step will development strategy. Development of the strategy will come into clearer focus once the many issues involved with identified and categorized. The strategy document establishing the best manner to bring forth tho IH-35 improvements. I will be to expedite and The central goal of the strategy maintain a favorable development schedule for IH-35. Areas of j consideration which are identifiable at this point 1 potential financial foYt tns enby the task vironmental, fschematic and/or l project development; example, j plan development, The strategy willfalsway o in olve a blueprint fornbalancing funding. Th other projects important to the task force members. It and t" the preliminary goal to have such oth-.r projects "up before construction dollars for the IH-35 improvements become necessary. The strategy will almost certainly entail how to deal with Central Expressway and Loop 635 issues, including how to best tap many ous schedule needes both added capacity funds. District 8asa there a ve ayeambiti over the next five to ten years large and small, within the District 18 area. Establishing and cementing a close working relationship with the SDHPT, including District 181 Austin administration and the Highway Commission and Commission staff will be an important component of any development strategy. Through the work of the 1 task force, the IH-35 improvements but will albe a so pwio ity, no only with the task force members, the attethe SDHPT, ntion and 1 Maintaining that priority status, including fof the ocus P consis a ideration foremost of apcons pearances before the strategy will also involve Highway Commission. The strategy will also involve maintaining ongoing contacts with the area legislative and congressional delegation to ensure a e 1 f 1 Mr. Lloyd V. Harrell January 22, 1991 Page Four that these important players are "up to speed" at all times and are ready for quick action if and when necessary. There will also be, to a lesser extent, a strategy developed for each one of , the memb rsli but agencies who will nhavemunicipalities interest and impact on the IHr35 rl improvements. As you undoubtedly anticipate, any strategy will be fluid and ongoing through the implementation phase. Thus, it will be necessary for the task force members to remain committed to strategies as developed, while also recognizing that the overall E; strategy or course of action may need to change or be fine tuned from time to time to address unknown contingencies. III. Implementation. Implementation essentially involves carrying forth the strategy developed by the task force members. Implementation will involve regularly scheduled conferences and a delegation of responsibilities and tasks. Implementation will involve a long term commitment from the member cities. Proper implementation is needed over the long haul to bring the goal of expediting and A 1 maintaining a favorable project development schedulo. As with the strategy, implementation will also be a fluid process and ta k force various within identified upon h by achievement strategy based agreed upon defining sessions. IV. Timing and Commitment. With a strong commitment from the task force members, we x believe that the due diligence and background analysis and development and creation of the project development strategy can be accomplished within 60 to 90 days of coomencement of same. Each task force member will need to identify a core group of representatives who will represent the task force at various meetings and conferences and who will be in a position to represent and speak on behalf of the task force member. As w mentioned at the beginning of this proposal, a long term commitment is required. Each task force member should anticipate being involved for no less than two years and plan on no less than four years before actual construction. There time focused as a whole commitment and willcommitments help senare sure o that the a benefit cllective heandtask maintained. As you are aware, it could be difficult, although not impossible, to bring forth these improvements on a piecemeal 1 Iy/1 y1 l Mr, Lloyd V- Harrell January 22, 1991 page Five ommitment by the task force members also underscore a monumental basis. The c lamentation o isa indroeect ed of this size that while sieCeriotlimpossible, and scope undertaking- payment for same can be Cost. members could i services and Tsk force rs of our of options. Minick, or our Retention h a variety handled throug Winstead 5echrest & retain eitheubsidiary, Winco. a monthly consulting could be landled on based services is billed monthly hourly Cost for our or reasonable fee bfactors, including of fixed fee o varier} of and creation retainer, the initial due diligence review ider retaining upon a consideration of a as force cons rates- For we recommene. the This basis Wuuld contract appear to be protect at rategy, to contract for ann in which our services fixed fee basis• these on a reasonabl is cost fortotal, with the more ecocesical We believe a a ld be x$40,000.00 in enCe and se servi meat or the due dilig ment the project develop allocated f,000.00 for develop phases of Proj $20,000.00 roximately $2 0 approximately sis, and app The services would s Lland background analy ment strategy and of this Pforce Any n develop II of the project sections I to the task billed , be outlined in strategy would that those as resentatiOn of the on of the strategy however, , include P re-revisi hopes would re-review or It would be our intention an d of the strategy revis separately. LJ with proper involvement and focus, the task force be minimal- tance of this strategY'involvod phase - third Upon review and avce icepn of options for l but Wer recommend either a and the long 1 members would then mothe ree are a variety implementation. Again, over the cost of these sable esfee basis• would be more paymelit Of monthly retainer or the that reaso a nnabl monthly retainer retainer as well as i monthly is our belief members, the task planning on our part effterm, ioient and economical for financial p E offer a chance for more accurate of our as well as yours. brief summary brief we are enclosing a including a For y in theere transportation area, descion of representative projects- th sescrCeipt i . r "OWN" J a 1 I I Mr. Lloyd V. Harrell January 22, 1991 Page Six i ~ Conclusion He the look forward task force members review of this Project, you should in detail. As with oposal with you and nd f other contingencies iwipate at any with htch least some level transportation sith major is transportation undoubtendly arise. Our Opposition j 1983 i and a p rience Ind granted. that You simply cannot afford too takethe anything for Metroplex Please contact f this Proposal so me once you have had an f In de+ that we can discuss Opportunit wityou greater ail. Again, thank some of the as a tO review and other potential task fo for metho opportunitts herein y to meet Sin rely, avid A. Dean DAC/inks Enclosures cc$ John P. Fcincade, Esq. 272iD910I27DDU.90 01229ImkN I`V JPR/299o5_27200 I ~ i i 1 { y lip 1 a I I JI 1 Mr. Lloyd V. Harrell January 22, 1991 Page Six Conclusion. We look forward to the review of this proposal with you and the task force members in detail. As with any transportation project, you should anticipate at least some level of opposition and other contingencies which undoubtedly arise. Our experience with major transportation projects in and around the Metroplex since 1983 is that you simply cannot afford to take anything for granted. Please contact me once you have had an opportunity this proposal so that we can discuss some ohe aspets to review herein in greater detail. Again, thank you for the opportunity to meet 1 with you and other potential task force members. Sin rely, avid A. Dean DAD/mks Enclosures coo John P. Kincade, Esq. 2711 D910122DDD. 30 iiI 012291mk~t I 1P1t/i9999-27200 i . [ ] i i or i 1 I I 1 r. , / ~l 1 WINSTEAD SECHREST 6 MINICK PUBLIC LAW SECTION REPRESENTATIVE TRANSPORTATION PROJECTS The Winstead Sechrest & Minick Public Law S c iondh private actively involved in rEpresenting both the sector on a variety of highway and transportation-related " projects in Collin, Dallas, Denton, Ellis and Tarrant Counties, as well as statewide. Representation has included project approval, alignment, funding, and right-of-way acquisition and donation. Representative projects include SH-1211 SH-360 North, SH-360 South, the alignment of the Southwest Freeway, the Valley Ridge interchange at IH-35, the SH-161/SH-190 Connector Freeway, 'IH elt Li f accesshmodificationsealongtIH 87.0, and Bthe PASS Programcontrol of s Two of the more recent projects, IH-30 and the Connector Freeway, demonstrate the ability of the Winstead Sechrest & Minick team to expedite project development. A brief synopsis of these projects - the Connector Freeway and the IH-30/Belt Line rSection's representation bon behalf l of the City Of is the PuV.ic Law Lewisville. I A. H-30/Belt Line Road Interchange, a Dallas Cou_y- The Public Law Section appeared before the State Department of Highways and Public Transportation Commission on behalf of the Trammell Crow Company to request that the IH-30/Belt Line Road Interchange be redesigned. The interchange was first constructed in the 1950's when IH-30 between Dallas and Fort Worth was formerly the DEW Turnpike. The current interchange is a series Y ng all rist of curves and sstraightawas rved designed to the formerritoll booth. Trammell a common point Crow was requesting a "diamond interchange" which would improve x ' access on and off IH-30 at Belt Line Road. Crow is developing a 980-acre commercial, light indusrone hnlfamilevnortheof known as "Midpointe" located approximately rH-30 on Belt Line Road. The new interchange represents a major victory for Crow in that the entire IH-30 corridor is currently under study and construction will cureg beginsometime efforts,e this five years. Howpve,eve rr, particular interchange was pulled out of the study and will move improvements and ahead independently of the constru tion should be completed in two years. 1 1 . I s B. SH-161/190 "Connector Freeway", Dallas County The Public Law Section obtained approval in late August 1988 from the State Highway and Public Transportation Commission on behalf of Prentiss Properties for a new 5.1 mile, $1240000,000 "connector freeway" which will connect SH-161 at IH-635 with SH-190 at IH-M E. This project was a major undertaking and involved coordinating with numerous cities as well as the entire Dallas County legislative delegation and obtaining commitments from individual landowners along the proposed route for right-of- way donations for the freeway. This freeway represents the first 1 new freeway approved in Dallas in n number of years. C. City of Lewisville E Our firm represents the City of Lewisville before the SDHPT on a variety of matters. The City of Lewisville has a number of j ongoing road improvement projects. The City found it difficult j I to keep the focus on those projects both from the City's view and the SDHPT's view. It was important to keep those projects on schedule because of private commitments the City had with regard to the projects. We were asked to work with the city in keeping the city and SDHPT's focus on these projects and to keep the i projects on schedule. Through our previous experience, we have the capability of anticipating delays and averting those delays as well as handling the unexpected. An integral part of keeping these projects on time is the acquisition of right-of-way. Our representation with the City of Lewisville also includes representing the City in condemnation proceedings for various tracts of land located within project right-of-ways. We have conducted negotiations for settlements out of court as well as hearings before special commissioners' panels. 421ID900510AA.00 • I OllSl lc ldl CITY/L2487-09500 k I y r i J f ~a 1 11 IH36E CORRIDOR TASK FORCE SELECTED POTENTIAL PRWECTS FROM 1988 PDP ORIGINAL PDP LEVEL LETTING CONST PROJECT NO. LIMITS DESCRIPTION STANCE _OFAUTHOR17Y DATE COST 0196-03-138 1635 TO SH 190 2-2 LN ELEV FRWY LN 6.3 II OCT 93 $214 M 0106-02-OF8 SH 190 TO FM 1171 WIDEN TO 6 LANES 6.4 III AUG 92 14 M 0196-02-073 FM 1171 TON OF HICKORY CREEK WIDEN TO8 LANES 7,9 II JUL 92 12 M 0196-01-M N OF HICKORY CREEK TO OLD US 77 WIDEN TO S LANES 719 III JUL 91 22 M 0195-03-900 OLD US 77 S OF DENTON TO US 77 WIDEN TO 6 LANES 7.2 DEC 92 lo m N OF DENTON 35.7 COST SHARING s ALTERNATEI POPULATION % COST j FARMERS BRANCH 24,088 11.06 $4,424 CARROLLTON 81,417 37.39 $14,958 LEWISVILLE 4605 21.39 $8.556 DENTON 65&4 34..111 X12AA 217,727 100 7';40,000 ' ALTERNATE 2 FARMERS BRANCH 24,0% 8.97 $3,W CARROLLTON 81,417 30.33 =12,132 LEWISVILLE 46,665 17.34 Wax D£NT014 65,669 24.46 7)9,784 CORINTH 3,935 1.47 $w LAKE DALLAS 3,642 1.35 $543 THE COLONY 21,469 8 $3,200 ' FLOWER MOUND 15,209 6.67 $2,268 HIGHLAND VILLAGE 6,964 7.41 W4 268,446 100 =40,000 3 ALTERNATE 3 50% COUNTIES - BASED ON ROAD MILES WITHIN COUNTY 50% CITIES - BASED ON POPULATION COUNTIES { MILES COST DENTON 29.4 82.35 $16,470 DALLAS 6.3 1Zfa~ ;kf.f~Q 100 520,000 CITIES % COST I FARMERS BRANCH 8.97 $1,794 CARROLLTON 30,33 $6,068 LEWISVILLE 17.34 $3,468 DENTON 24.46 =4,802 CORINTH 1.47 $294 LAKE DALLAS 1.35 =270 THE COLONY 8 $1,600 FLOWER MOUND 5.67 =1,134 HIGHLAND VILLAGE 2& I m 100 $20,000 Population figures based on 1900 Census Population Estimates by NCTCOG Regional Data Center September 1990 Level 1- Approved for feasibility studies level II - Approved for route studies, publio meetingslhsarings, environmental studies, sohemalioe Level III - Approved for acquisition of ROW, preparation of Plans, Specifications and Estimates (PSdE) Level IV - Letting within 1 year t 1 1 ~ l January 31, 1991 { 41991 FEB' - ^ L Mr. Lloyd Harrell CIiYM51 ,4r,E~,~ FU'7 City Manager City of Denton 215 East McKinney Denton, TX 76201 M3 pR0P0$ED IH358 ODRRIDOR TASK FORCE Dear Mr. ell: As you will recall, we met recently with Mr. David Dean to discuss the possibility of establishing a multi-jurisdiethe nastate l 'task forcelt 1H35E projects currently being developed by and Public Transportation. As requested, Mr. Dean has forwarded a propo fosayour for the types of services his firm can provide and a copy is enclosed review. Mayor Daniel and I had the opportunity to make this proposal and the attached cost-sharing options available to representatives of Denton County, Mayors Corinth and Highland Car The over responsthe e ther Denton / County Denton, fairly positive. The preliminary consensus with respect to coat-sharing has been in favor of "Alternate 3." This option has been based on the same formula used by the SH121 tackforce in retaining David Griffin and Robert Pope during the past two years. Clearly the more cities participating, the lower the cost will be to all involved cities. You will note that Denton county is included within this scenario. We are hopeful that they will opt to participate along with the encouraging meeting and invoesent at the Arunicipalities. County Judge Mosely was his comments regarding possible After you and your councilmembers have had a chance to review the proposal, we would like to have anothor meeting to gat a better feel for each city's level of support and answer additional questions or concerns. I would suggest scheduling this as soon as possible, probably during the week of February 4 or 11. Judge Mosoly has already distributed the proposal to some of the Denton be willing to to elected officials and other interest interested during pa future ion by Dean commissioners' Coutt meeting, if necessary. I V97 P Main at Civic Cbde "IMI PO gt214) 29.34lOwiFAX (211) 219534/4 2 I t 1 Lloyd Harrell January 31, 1991 ` Page 2 As you are aware, the funding situation with the Highway Department is becoming more critical each day. A unified, combinod effort toward our mutual interest in development of the TH35E corridor may be the best option available. We look forward to reviewing this proposal with you and the other 1 potential task force members and will contact you to set a meeting date next week. Iu the interim, please do not hesitate to give me or Claude King a call if you need additional information. i r~ Sincerely, i Charles R. Owens City Manager Enclosure /jm III 1 a. / DATE: 02/19/91 CITY COUNCIL REPORT FORMAT VIA TO: May)r and Members of the City Council PROMS Lloyd V. Harrell, City Manager SUBJECTS 3-90-015 REQUEST TO REZONE 5.165 ACRES FROM AGRICULTURAL DISTRICT TO NEIGHBORHOOD SERVICE DISTRICT RECOMMENDATION: t r~ The Planning and Zoning Commisson made no recommendation on this requested rezoning, A motion to approve failed 2-3, A motion to f deny was not seconded. t Since the Planning and Zoning Commission public hearing, landowners j of more than 201 of the land within 200 feet of the proposed district have protested this rezoning. Accordingly, six votes of the Council will bo required to approve this rezoning. SUMMARYs The proposed rezoning is from the Agricultural to Neighborhood Service Districts. Applicants state the purpob'e of the rezoning is to construct a medical office park with ancillary uses such as a pharmacy and optician's shop. BACKGROUNDS r On February 5, 1991, at the applicant's request, Council postponed the public hearing and conalderstion to February 191 1991. PROGRAMS, DEPAA:MENTS_OR_GROUPS AFPECTEDS Applicant and neighbors FISCAL IMPACT: N/A Res fully u t ed: f y Prepared bys L1 V. Harrell f` City manager Kars K, Pe hari Urban Planner Ap oved: 4,11 e/ rank Robbins, Ai P Executive Director Planning and Development I 2511x/1 I i p" +I I PLANNING AND ZONING COMMISSION REPORT To: Mayor and Members of City Council Case No.: 2-90-OIS Meeting Date: February 19, 1991 GENERAL INFORMATION Applicants Robert H. LeMond, FAIA LeMond Associates Architects P. 0. Box 100366 Fort Worth, TX 76185 Current Owner: Newton Rayzor i Requested Action: Rezone a 5.165 acre tract of land from Agricultural District to Neighborhood Service (NS) District, Location and Size: 5,165 acres located approximately 400 feet south of University Drive on the west side of Bonnie Brae. Surrounding Land Use and Zoning: North - General Retail (Shopping Center) South - Agricultural (Mostly Vacant) East - SF-10 (Residential) West - Agricultural (Mostly Vacant) Denton Development Plan: Low Intensity Area SPECIAL INFORMATION Transportation: Approximately 10 feet of additional right -of-way will be required along Bonnie Brae. Only one (1) curb cut will be allowed. Sidewalks will be required along Bonnie Brae. Utilities: There is an existing 16" waterline in Bonnie Brae. Sanitary sewer will need to be extended across Bonnie Brae frontage to Emery and tie into the existing manhole in Emery, approximately 130 feet east of Bonnie Brae. Adequate fire flow is available for up to commercial use. (Case 2-90-015) \Y Page Two SPECIAL INFORMATION (continued) Drainages The drainage system under Bonnie Brae was designed assuming ii residential development in this area which is consistent with the Denton Development Plan; therefore, an office or neighborhood service development of this size will require detention, The water inlets were sized and placed based on 1 existing conditions; therefore, at least two-thirds of the site generated ethe runoff needs to be collected on site before HISTORY 1 The requested rezoning is the first development activity on this site, Therefore, there is no history to report. ANALYSIS The propety is is for located in refining ng pharmacy. offices and possibly a p Bonnie Brae is considered an entranceway into the City of Denton, According to the Denton Development Plan, along major entranceways present to the public eye. The policy of this plan therefore is to qualitygand urban the aesthetic There are specific guidelines in the DDP that are required for developments on entranceways. 1. Development proposals should be reviewed to ensure adequate limitednto thehfollowing. aForreachrItem, thecneighborhoodot r services district standard or other code standard for it is stated. a. front Yard Setbacks: Minimum front yard setback in an Neighborhood Service District is 25 feet. coverageervice District maximum building Neihborhood b, there i is no Covers e: In I 1W -7 r' (Z-90-015) 1 Page Three 1 ANALYSIS (continued) c. Landscaping: 20 percent of the street yard will be required to be landscaped as well as 5 percent of any parking lot on a street, and 4 percent of any internal parking. d. Signage: One (1) ground sign will be permitted on the frontage of Bonnie Brae not to exceed 6 feet in height and 60 square feet of effective area. allowed engineers, off n of r Bonnie only Brone ae. e. Curb rive Cuts: approach According will be to City (l) d f. Off-Street Parking: For medical offices parking requirements are one (1) spare for each two hundred fifty ((250) square feet of floor area with a minimum of five (S) spaces. For a pharmacy, the required parking would be one (1) space for each two hundred (200? square feet of floor area with a minimum of five (5) spaces. g. Design and Construction Facade: This is an issue that generally is handled in a Planned Development District. ' In a conventional (straight) zoning district, It is difficult to address this issue. h. Pedestrian Access: When the property is platted, sidewalks will need to be designated. 2. "Promote integrated site design and layout which consider circulation tracts opposeddtoicontinuoussstripndevelopment." The City Council, by way of an unwritten policy, has said that all rezonings on an entranceway come to them in the form of a Planned Development. The DUP policy for entranceways places a lot of emphasis on design issues, if are necessarily required this that not eall zoning approved on without to be PD's. A low intensity area is allocated 60 trips per acre. This particular tract is located in Study Area 114 which consist of approximately 300 acres. All of this stud), area is under tne used for one ownership owner. ag The u pro?osedurposes as homestead for been well as neighborhood service development would be allocated 3,357 Intensity trips (5.165 x 650 ■ 3,357). As per the Denton Development Plan, the total number of allocated trips for this site is 310 (5.165 x 60 ■ 310). Therefore, this site r J ^ V 1 t 1 t (Case Z-90-015) Page Four i ANALYSIS (continued) is over allocated by 3,047 intensity trips. There are 1,498 unallocated trips In the study area. Because the proposed rezoning exceeds the allocated intensity trips, a disproportionate share analysis is required. In considering the disproportionate share allocation of intensity, the Planning and Zoning Commission and City council should consider the following iteids but are not limited to these items: a. Adequate Infrastructure i The infrastructure in this area was designed to accommodate residential uses as well as low intensity type uses. There would need to be improaements to the existing infrastructure in order to accommodate this type of development. (See Special Information section of Staff Report). Generally, the infrastructure is in place to support the development, or would be required during platting of the property to be adequately constructed . b. Unusual Topo rg aphy 1 There is no noticeable unusual topographic features to this site or within the study area which would provide intensity trips for allocation elsewhere. c. Compatibility , One way to determine compatibility is through good design. The surrounding properties are mostly agriculturally used land however, the site abuts an existing strip shopping center which is located in a moderate activity center. d. Other Policies Strict compliance with the sign ordinance, landscape and screening ordinances will be required on this site, if approved. Tho proposal violates the trip allocation policy of the DDP and would cause the study area to be in an over-allocated status. I 1 f. M 1 (Case Z-90-u15) Page Five This proposal also violates both the cestatesdthatd separation poltcios of the DO. The plan Neighborhood Service Centers shall be located at least a half mile from other non-residential retail centers. The size of the non-residential centers vary from 2 to 5 acres depending on their access to a specific c ategory of thoroughfare. Bonnie Brae is considered a primry arterial with a DDP policy standard of three (3) acres of non-residential use. Because the requested is for Service owed by right. The DDP addresses strip commercial allowed by uses as follows: encouragemcenters-oftactivitiestand to discouraged strip commercial development. This will be accomplished by: 1) Limiting curb cuts. 2) Requiring site plan review (I-e-j parking, setbacks, etc) terials S) Encouraging diversity on major ar h density (commercial nodes broken uP by g housing, d hazardous strip d) Discouraging unsightly an commercial by requiring sign restrictions, buffering by greenbelts and/or landscaping. Limiting amounts of commercial/retail land use in moderate and low intensity areas." The proposed develoment center. If there could bedaeguaranteetthat medical uses were the only medcal offices and ancillary type uses of this site, then there would besno violation Of ight zoning this policy uaranteepofi~thevspecific use. there is no g g if the applicant chooses to reapply for a Planned rtunlt Development District, there would a greater opp y to reevaluate the proposed development especially relating to all of the policies of the DD P, Foray not instance, office use intensity trip use more than the available hasallocateedtrips of th ethers study area. The are a PD is not enough Information available to preP , detailed plan. (Case Z-90-015) \ Page Six RECOMMENDATION On January 9, 1991 at the meeting of the Planning and Zoning Commission, a motion was made and seconded to recommend approval of this proposed rezoning; however, by a vote of 2-3 the motion failed. Another motion was then made to recommend denial. The motion was not seconded; therefore, the Planning and Zoning Commission did not make a recommendation on Z-90-01S. P ALTERNATIVES 1. Approve petition and request staff prepare the zoning ordinance. 2. Deny petition ATTACHMENTS ,r 1. Location Map 2. Intensity Area No. 114 Map 3. LUMIS Intensity Area 0114 Data 4. Neighborhood Service (NS) zoning district table of permitted uses and standards S. Minutes 2511x i y ~ ATTACHMENT L I i r[IIIKY/Gr11~T0H WOITi9N ~ r , ISHWI►N CCN?M WIYpol1Y o#jw Ulm ITE { LOCATION HAP y n 1 i ATTACHMENT 2 IN71NalIT ASIA ♦ 114' also 2"33 A40RU NOUNDAIT DBt10a11T30N Bash Bonnie area and a boundacy line following the existing cA toning WWI L-3S Nosths univacsity Dcive (Bwy 310) South$ 9oeiptuse •i f ~ I ~ k swrwa tcs I `t I 1 f I f aCatl2tJa1 . \,1 a r!f 1) kEENWE" 0" Of saw" in" 2-t i i J ` 1 #1 Y l~ 1 ATTACHMENT 3 1 LAND USE MANAGEMENT INFORMATION SYSTEM PLANNING AND DEVELOPMENT DEPARTMENT CITY Or DENTON -----_-r----------------------------------------------------------- Intensity area 91 114 Typal LOW Intensity trips/Ac 60 Traffic survey lioness 6675 Boundary Descriptions North: University Dr. Souths Scrippture 1 Dates 11129/09 west' Bonnia Brae and boundary of OR zoning i 1 LAND USE EXISTING LAND USE CURRENT -ZONING PLANNED DEVELOPMENTS CATEGORY UNITS ACRES INTENSITY ACRES INTENSITY ACRES UNITS INTENSIT Sr 16 < -C 1 1 10 0 0 0 0 r......... - 0 i Sr-10>16 0 0 0 0 0 0 0 0 SF-7>10 0 0 0 0 0 0 0 0 LESS Sr-7 0 0 0 0 0 0 0 0 MOB.HONES 0 0 0 0 0 0 0 0 DUPLEX 0 0 0 0 0 0 0 0 NF-R 0 0 0 0 0 0 0 0 I Mr-162 0 0 0 0 0 0 0 0 2 CON/RET 0 0 0 0 0 0 0 0 OFFICE 0 0 0 0 0 0 0 0 INDUSTRY 0 0 0 0 0 0 0 0 INSTIONAL 0 0 O 0 0 O 0 0 ~~Pt//AO1~SPACE 0 0 0 0 0 0 0 0 TRANSPORT 0 24.13 0 0 0 0 0 0 + j AORIC. 0 0 0 274.4 0 0 0 0 VACANT 0 27464 0 0 0 0 0 0 ...r ..............r..........._rr_rr.rr...r.......r....r.......................r TOTAL 1 299.53 10 174.4 0 O 0 0 1 ...............................................................................r I INTENSITY CALCULATIONS L . III Intensity area total trips 299 53 times 60 17972 2 Trips allocated to exist,nq land uses (built) 10 3 Trips allocated to currant zoning incl. P Ds (not built) 0 4 Trips allocated to vacant lands not zoned plus Arid, zoning 16464 5 Estimated unallocated intensity trips (1)minus(2)+(3)+(4 1494 6 Percentage of Intensity trips allocated 92 .....r.........rr...rr.........r............r........r....... I 1 2 ' 1 I I I ATTACHMENT 4 eiahborhoo8 ssrvios District yr°►tITTBD OBEB s P imam Rea~dential Uses ' Community Unit House Dormitory, R duca+ Art Gallery or Museum church or Rectory Private School College or University or community Center (Public) Day Nursery or Kindergarten Sc:nool Group Homes , Halfway House Hospital (General Acute Care) Hospital (Chronic Care) Instit+itions of Religious or Philanthropic Nature r Public Library Monastery or Convent Nursing Home or Residence Home for Aged occasional sales Park, Playground or Public Community Center School, Private Primary or secondary eational Ir schools Public , Business r or Trade School ors and incidental Uses ~ Accessory Building Community Center (Private) Electrical Substation " Electrical Transmission Line Approval and Temporary Field or construction Office (Subject to App Control by Building inspector) a Fire Station or similar Public Safety Building , Gas Transmission Line and Metering Station Home occupation off street Parking incidental to Main Use } Of! Street Remote Parking Sewage Pumping Station Private Swimming Pool I Telephone, Business Office station RWelelay Station Pumping switching c erh Reservoir# Water Exchange Wat i i { 4-1 *ood 8e iass_~il~.iiot laontinuedl °r+i•ional and En''°''*ainment U9es Country Club tPrivats) with Golf Course Public Golf course round Public Park or Playq Public Playfield or Stadium Swim or Tennis Club Related Uses Railroad Track or Right-of-WAY wii an, SoryiGA CA UBea ' r Shop (Retail) Bakery or Confectionery and Pickup Cleaning and Pressing small Shop Custom PeNeed Dreperyr lework or Weavinq Shop i Florist or Garden Shop Handicraft Shop Self Service Laundry or cleaning offices, Professional and Adsainistrvlaet or less Retail Stores and Shops 4,000 square studio for photographer, Musioian, Artist or Health ~ wari„___ cultural TvnA Uae4 d Farm or Ranch ,rs~oaiR:~xTSt Front Yards minimum 25 feet non- side Yards No side yard is specified for non- ; residential use except where a non- residential use abuts upon a district boundary line dividing such districts from a residential adjacent to the street de ina which or when the event a ten (10) foot side yard shall be provided. 4.2 I ~.I r. , I d ~ l 1 VI V y , 1 1 So rear year is specified for non- Rear Yardt residential use except where retail, commercial or industrial uses back upon a common district line,owhethoer separated by an allay dividing the district from any of the residential districts shall be minimum of ten (10) feet provided. I yanT UaOSaMM HVAC Two (2) stories, except that cooling towers, chimneys, structures may extend to a maximum of 45 feet. I lot dimensions: Floor area ratio, building coverage, lot size, No Standards 1 1, Parking (Based on uss, Se• Article 15.) ` 2, Signs l 3, Lighting ! 4, Landscapinend Fencing 5, Screening " 1 4-1 5 I 1 J i I j I ATTACHMENT 5 PU Minutes Janus DRAFT ry 9, 1991 Page 9 Mr. Morris replied that the definitions are to define uses and not expand them. Adding uses is questionable if they were not included in the public notice. It does not appear that a recreation center was advertised. Mr. Robbins said that from reading the notice, he does not believe that people would have known other than n library wss proposed. There is the same problem if the building is labeled "X". The issue is not the owner. He suggested approving the site plan with the library and than amending at a later date. Ms. Brock withdrew her motion. Mr. Appleton asked who interprets the definitions of permitted uses, Ms. reshari said that City staff normally does so, If there are questions, the matter would be brought to the commission for classification of the ups. Mr. recommend d nby sved to taff. recomend Second•dapby o Mr, oGlasscock 6 and unanimously carried (6-0), Staff report for plat of sites Mr. Yost stated that the plat is for the same piece of land as the zoning case, The Development Review committee recommends approval. It was moved by Ms, Morgan, seconded by Mr. Appleton, and unanimously carried (6-0) to recommend approval of the preliminary plat of the R.H.W. Addition, Block 1, Lots A, 8, o,td C. VIZ. Hold a public hearing and consider rezoning a 5.165 acre tract of land from Agriculture District to Meighborhood Service District on property located approximately 600 feet south of University Drive on the west side of Bonnie Brae, Me, Brock had a conflict of interest and excused herself from the discussion. The Staff Report (attached) and slides were presented by Ms, Feshari, Ali p&Z Minutes Jan R A ~5if T January 9, 1991 ~ Pag e 10 Petitioner: Robert LeMond, Box 100366, Fort Worth, 76185, stated that he is hear to urge the Commission's approval of Z-90-015. He represents both J. Newton Rayzor, the seller of this property, and a group of Denton physicians that intend to purchase the property for their use in building medical offices for their own practices. He has been a i licensed architect and urban planner for 30 years. His i architecture degree is from Texas Tech University and he has a Master's in Urban Planner from the University of Heidelberg. He is honored to be a former member of the Board of Directors and a fellow in the American Institute of Architects. He is honored to represent both the buyer and the seller in this deal. The purchasers have selected him to acromplish the rexoninq from Agriculture to Neighborhood Services District. He represents Mr. Rayzor also in the sale. It is a usage that both parties are earnestly seeking. Representing the seller, he asked the Commission to refer to the general development plan he handed out. He clarified the location of the site on the plan. The drawing circumscribes Hillview Ranch, the Rayzor home property and the showplace of the Longhorn Cattle Breeders Association. Hillview Ranch contains approximately 300 acres gross at the present time. The site under consideration is in the northeast corner of the existing ranch, and it contains 5.165 acres or 225,000 square feet of land. It is to be used as a garden medical center doctors offices for approximately 12-20 practicing physicians and a pharmacy to support the center. There are currently 12 Denton physicians and a pharmacist involved at this time. Dr. Holt is in the audience and can answer questions. Rent Ferqueson, the developer, was here earlier but had to leave to catch a flight to Austin. There are two significant items that need to be pointed out on the Development Plan. They are HCA and Westgate hospitals and are the reason for the selection of this particular site. Several sites have been considered but the buyers have chosen this one which is almost exactly between the two hospitals. it gives them the best opportunity to go both directions. Mr. LoXond said that he would like to rebut the staff report prepared by Ms. Feshari. The analysis refers to Bonnie Bare as an entranceway to the city. He showed slides of the west side entranceways to Denton. The site is at the rear of the Skaggs commercial center. He said that he does not disagree with the Denton Development Plan (DDP) but at some point Bonnie Brae should not be considered an entranceway if you are going to have the restrictions for planned development. 1 J 1 I P&Z Minutes DRAFT January 9, 1991 Page 11 He would consider Oak Street and University Drive entranceways to the city. Once past Oak and Scripture and then heading further north Bonnie Brae ought not be considered an entranceway. The actual development will be about 30,000 square feet in doctors offices and the pharmacy will only be 1500 square feet of the development. It will mostlyy sell prescriptions from the center. Mr. LeMond described the parking spaces and driveway dimensions. He said that the staff intensity calculations are based on the worst case scenario of the whole center developing as retail so this development will not have that big of an impact on infrastructure and would not use as much intensity. They do n that a YD should handle the design of the ot plan on any retail shops. The staff report suggests merely a rezoning to Neighborhood Service. Doctors instead offices are not ugly, dirty, dark, or difficult to get to. They do not exist because patients would not go there. Things that are in the practical world will end up governing the type of facility that will be built. These are things that you can b 3 000 ank on and trust in your own mind. There will be about 5-7 be square foot one-half garden will center. They be additiwill ons to the Denton tax rolls. This will not seem so high because of the surrounding hill. it will be a marvelous transition scaled, well-designed buildings to the back of the shopping center and any other development that might come to the south and more particularly, that development and the neighborhoods to the east. it will be a nice buffer of 5-7 residential scale buildings. Construction and scale will be of a residential nature. There will be landscaping and easy access. It is a quite day time use. This development will be a nice cover of the back of the strip center with its dumpster, doors, and down spouts. Each building will have well-detailed brick masonry facades with composition shingle pitched roofs, lovely landscaping, abundant parking, and easy access, He hopes that he has answered the design questions to satisfaction. He added that these doctors have for many years been outstanding citizens of Denton and are not going to permit anything that they are not proud to own to be constructed in their name. Secondly, they are not purchasing this very expensive land to flip it for resale and quick profit, what he has detailed is what the city is going to get, planned development or not. The trip allocation takes the worst case scenario because the staff is forced to do this kind of stuff. The entire site is covered with retail buildings in the scenario. AFT P&2 Minutes January 9, 1991 Page 12 The infrastructure is generally in place for the development or would be required to during platting. There is not a better place in Denton to deal with new streets and roads than along Bonnie Brae which will ultimately be four lane to Scripture. The compatibility code and policies are handled during the existing DRC process and the requirements for a building permit, so having the proper signage, landscaping, setbacks, etc. will be handled in permits which come along after the zoning is approved. Concentration, separation, the size of the development, and the reference to strip commercial are all brought about by the 1500 square foot pharmacy. Less than 54 of the net area of the buildable ' project will be used for the pharmacy. Yet it is the reason for the excessive trip count, the concentration and separation issues, and their even having to deal with commercial/retail uses. He pointed out that doctors offices and an ancillary use of one pharmacy at this time. Perhaps + in the future there might be an optical shop to go along 1 F with the opthomologist office. A frame shop takes about 300 square feet. It is a very close knit, small thing where you pick out your frames, the doctor sends off the prescription, and the patient returns to pick them up. It is not a big lab in-house like Pearl Vision Center or one of those that f are advertised on television. All these things are really for the convenience of the patients using the medical center, not a commercial/retail use like the staff is forced to present in their worst case scenario. Staff is often in a position that they are not allowed to weigh facts and i interpret the information, they have to follow certain guidelines for their presentations. The guarantee that this site will develop as stated is in the proud owners, 12 outstanding professional men at this time, probably more to join them, they would probably all affirm that pledge to the city. They are not interested in buying this land to put up a cleaner's or mortuary, or anything else than what has been presented. They want to provide for their own medical offices halfway between the two hospitals. Mr. Appleton asked about the buffering along the southern edge of the project. Mr. LeMond replied that a substantial berm and fence are in the sale contract ■o that there will not be cattle getting in to the development. Mr. Engalbrecht asked why PD zoning was not pursued since the many details required in a site plan seem to have been worked out. a 1 DRAFT p62 Minutes 1991 January 9, + page 13 there are 10-20 physicians Letlond answered that Mr. The developer is from 1►ustin an timthe e nndhmonsy up ~ takes too much design volved. zoning. That' t1at'• not works in pD Iron Dallas. on the and other things will bo• out and is contingent ~ et where the sidewalks t is being made to out y that bait attemp is still slbrecht stated the layout professionals Mr. En9 doctors Offices but toe that the p This zoning armidevelop There is pO ~ nton in a year* undet1; still be in involved concarnhib some us `eked If t e a that he is * will allow wcald be willing to pro legal. petitioner not sure it would be they are i Mr. LoMond replied that he is some use as long They would not mind axaludin~sas• Permitted to have ancillary is for neighborhood tiorrts stated that the petition are permitted in that district as those Mr. and the uses thataannot be placed on services Restrictions ordinance. a right. the zoning without qjhanging is open ended. Mr. Appleton noted that all zoning noted that a PD is aiso. it can be amended time Mr. Lomond and again. this ~ that the physicians involvswdith plow, Dr. Don Molt, stated the doctors assoau to are mainly wens Lett out o! two e' PV set when it closed they show plac Hospital. They want this development to be a pattern. has been arranged. the financing Mr. Glasscock asked It Dr. Holt said Yes' that is i he ~owe it is not the intent, but Mr' En9elbrecht said parsittod, undesirable land uses if the zoning change n tuturs• would be legally allowed rsdicted. They do uses either. He does not Want a ave Dr. Holt 9 desiarable future cannot be pdoctors not want next to his office. • will The or will work out the mortuary themsslws. h Is ice It' or restrictions among not a t wiiiho like s r Office details is someone wants to viduai practitioners, condominium. are indi The arrangsmen partnership. unbearable. Mr. Kamman asked it a PD would be i r P&Z Januaryu9 e1991 DRAFT Page 14 i Dr. Holt replied that he is not familiar with the terms. Mr. LeMond and the developer forsaw problems with the PD zoning. Mr. Engelbrecht asked if he would be satisfied to get the office. Dr. Holt said yes. t In favor: Jesse Cotfey stated that he does not know Mr. LeMond. He knows Mr. Rayzor but does not like him. He said that the Commission is not talking to fancy people from Dallas. They are talking to Dr. Holt, whose family has been in Denton for years. He has more cradations than the whole ' Planning Department. He said that the Commission should not give him a hard time they should just zone it. Recommendations Ms. Feshari stated that staff 'is recommending denial. Mr. Appleton stated that the vast majority of trips are allocated to undeveloped land. Mr. Persoud explained that vacant land in low intensity areas are allocated 60 trips per acre. That does not prevent other uses and saves some intensity for when the vacant land does develop. Mr. Appleton said that he has a problem penalizing an applicant the trips for the undeveloped land, Mr. Persaud said that it is not a penalty. It is a right given to the owner of the undeveloped land. That land may not always Be vacant. The negative figure in the calculations for this tract is because the petitioner is askinq for 650 trips per acre which is way beyond what is allocated. Mr. Engelbrecht said that the intensity is not to penalize the first tract to develop. It is to protect the last tract so it will have some intensity left. The DDP calls this area low intensity and this case cuts into the low intensity. Mr. Appleton noted that if this case were moved one-half mile down the road it would not be in violation of the separation policy, yet it would look more attractive next to the strip center. r F R AFT p&z Minutes January 9, 1991 page 15 Ms. reshari said that there has to be a stopping point somewher6 when a moderate activity center abuts a low intensity area. otherwise it will keep encroaching into the i low intensity area and changing it. Ms. Morgan stated that she is concerned about rezoning the property neighborhood service if for some reason the deal other land useuut. Then someone does could n come in materialize or someone backed co UMond stated that he has provided a Rebuttals Mr, guarantee as best he can. It it based on faith in citizens ' by other citizens, The policy concerns all come from the pharmacy which will only be 1500 square feet out of 7000006 it is the tail wagging the dog. He said that he believes in the zoning process and recommended it to his clients. Zoning is interpretation done by caring citizens. Plans are dynamic and changing. Things do not always follow guidelines. Discussion d Docisioni Mrs aOlassecok asked what denials be the next stop if the Commission Mr. Kaman said that the applicant could come back with a PD. Mr. Robbins said that the applicant could request a hearing ~ a PO by the City Council or could come back said that with the pharmacy or could choose to withdraw the caso, a retail use and that is why office zoning would be inappropriate. Neighborhood service it the least intense zoning that would allow retail and office uses, He agrees with Mr. LoMond about the tail wagging the dog. There Is not a real impact on the infra-structure from this particular proposal but where does it end? The one-half mile policy is there but he agrees with Mr. LsMond that the offices are a better transition against the shopping. lan Sooner or later$ the applicants must have a de at ad views prepared. The building plant call for details. Who re long it front for takes PD zoning, inconvenience of the edetails and how doing the details Me, Morgansaid s ervice would really be the uses allowed in neighb of place at this location. i y 1 P&Z Minutes DRAF' January 91 1991 Page 16 Mr. Glasscock said that he is not really worried about the other uses because the tract still belongs to the owner and will continue to until it is developed. Rayzor will not allow a development that he doesn't want. I Mr. Morris reminded the Commission that they are zc,iinq land based on what would be the best use of the land, not based on who owns the land. Mr. Appleton said that the plans are tine except for the violation of a couple of policies. Common sense is needed. Mr. Robbins said that the policies exist as guides or criteria. Mr. Engelbrecht said that this development would put neighborhood service right behind general retail. That is a major violation of toning policy. Neighborhood service was not designed to be used that way, He asked if there are any other zoning classifications that would apply to this case. j Mr. Robbins said no. Mr. Appleton noted that this all hangs on 1500 square feet of pharmacy and that no one knows what could happen in a year. He moved to recommend approval of Z-90-016. Motion was seconded by Mr. Glasscock but failed (2-3). Mr. Engelbrecht, Me. Morgan, and Mr. uamman voted no. Mr. Kamman moved to recommend denial of 2-90-019. Motion tailed due to lack of second. , Viii. Mold a public hearing and consider an ordinance amending Appendix 8-Zoning of the Code of ordinances to allow one- family dwellings within specified non-residential districts. Staff Reports Mr. Persaud reported that the Commission had discussed this issue in a previous work session. Prior to 1985 residential uses were allowed in non-residential zoning districts, in 1986 the ordinance was changed to prohibit residential uses in non-residential districts other than Planned Developments and the Central Business District. Since then there have boon people desiring to live in the same building which is used for their business. Staff has prepared an ordinance which proposed to allow one family dwellings in certain non-residential districts. A detached building will be required in light industrial districts. i 1 ATTACHMENT TO THE MINUTES STAFF REPORT To: Denton Planning and Zoning Commission Case No.: Z-90.015 Meeting Date: January 9, 1991 GENERAL INFORMATION Applicants Robert H. LeMond, FAIR LeMond Associates Architects P. 0. Box 100366 Fort Worth, TX 7618S Current Owners Newton Razor Requested Actlont Rezone a S,16S acre tract of land from Agricultural District to Neighborhood Service District. Location and Si:es 5,16S acres locstdd approximately 600 feet south of University Drive on the west side of Bonnie Brae,.. Surrounding Land Use and Zonings North General Retail (Shopping Center) South • Agricultural (Mostly vacant) Essi SF•10 (Residential) West Agricultural (Mostly Vacant) Denton Development Plant Low Intensity Area SPECIAL INFORMWTION Transportations Approximately 20 feet of additional ri ht-of-way will be required along Bonnie Brae, Only one 11) curb cut will be allowed, Sidewalks will be required along Bonnie Brae, Utilitlest There is an existing 1611 waterline in Bonnie Brae. Sanitary sewer will need to be extended across Bonnie Brae frontage to Emery and tie Into the existin manhole in Emery, approximately 130 feet east of Bonne Brae, Adequate fire flow is available for up to commercial use. J i s (Case Z•90.015) Page Two SPECIAL INFORMATION (continued) Drainages The drainage system under Bonnie Brae was designed assuming residential development in this area which is consistent with the Denton Development Plan; therefore, an office or neighborhood service development of this sire will require detention. The water inlets were sized and placed based on existing conditions== therefore, at least two-thirds of the needs to be collected on site before site generated reaches t street. HISTORY sleeieQuested re otheceilstno h►storyetolreport,acttvtty on this ANALYSIS The ning isyfor theapurposeaofoconstructingaprofessionalomedical rezoning offices and possibly a pharmacy. Bonnie Brae is considered an entranceway into the City of Denton. According to the Denton Development Plan, development along major entranceways pheseoiety oEirthis p an stLmirestherefof the to city to the public eye. i p encourage and promote good urban design to enhance the aesthetic quality and visual amenities along entranceways, There oaren specific jul celinss in the DOP that are required for 1. cometiincetwlthpstandardsuandbrequirementsoincludinaebut anot service to rictlstandard orrother codetstandardgforritois services elsste stated. a, Front Y& rd Setbacksi Min►mu■ front yard setback in an Neighborhood Service District Is IS feet. b. Building Coverage: In Neighborhood Service District no maximum building g there is r ~ (Z-90.015) Page Three ANALYSIS (continued) c. Landscaping: 20 percent of the street yard, will be required to be landscaped as well as S percent of any I parking lot on a street, and 4 percent of any internal parking. d. Slgnage: One (1) ground sign will be permitted rl the frontage of Bonnie Brae not to exceed 6 feet in neight and 60 square feet of effective area. e. Curb Cuts: Accordin to City engineers, only one (1) ' drive approach will go allowed off of Bonnie Brae. Off-Street Parking: For medical offices parking requirements are one (1) space for each two hundred fifty 52so) square feet of floor area with a minimum of five ; S) spaces. For a pharmacy, the required parkkag would be one (1) space for each two hundred (200) square feet of floor area with a minimum of five (S) spaces. . I g. Design and Construction Facade: This is an Issue that Generally Is handled in a Planned Development District, in a conventional (straight) toning district, it is difficult to address this Issue. h. Pedestrian Access: When the property is platted, sidewalks will need to be designated. 2. Promote Integrated site design and layout which consider adjacent tracts of land with emphasis given to Internal circulation as opposed to continuous strip development. The City Council, by way of an unwritten policy, has requested that all retonings on an entranceway come to them In the form of a Planned Development, The DDP policy foray entranceways places a loe of emphasis on design issues. rezoning this tract to a conventional (straight) toning district the governing bodies nor the public will have the opportunity to play a role In the design, I A low Intensity area is allocated 60 trips per acre. This f particular tract is located in Study Area 114 which consist of approximately 300 acres. All of this study area is under one ownership and has been used for agricultural purposes as well as the homestead for the owner. The proposed neighborhood service develo merit would be allocated 3,351 Intensity trips (S.16S x 659 a 3,3SI). As per the Denton Development Plan, the total number of allocated trips for this site Is 310 (S.16S x 60 a 310). Therefore, this site 1 1 r' (Case Z•90.015) Page Pour ANALYSIS (contlnusd) is over allocated by 3,047 Intensity trips, There are 1,498 unallocated trips in the study area. Because the proposed ( rezoning exceeds the allocated intensity trips, a disproportionate shero analysis is required. In considering the disproportionate share allocation of intensity, the Planning and Zoning Commission and City Council should consider the following items but are not limited to these items: A. Adequate Infrastructure The Infrastructure In this area was dest nod to accommodate residential uses as well as low intensity type uses. There would need to be Improvements to the existing Infrastructure in order to accommodate this type of development. (See Special Information section of staff Report. Generally, the infrastructure is In place plattingroftthedpropertynto be adequatelyeconstructedna h. Unusual Topoaraphy There is no noticeable unusual topographic features to would provide this sit* or trips within for allocation area wich elsewhere, c. Compatibility One way to determine compatibility is through good design. The surroundin properties are mostly agriculturally used land however, the site abuts an existing str ip shopping ent rcenter which to located in a moderate d. Other icles Strict compliance with the sign ordinance, landscape and screening ordinances will be required on this site, If approved. The proposal violates the trip allocation policy of the DDP over-allocated and would cause the study area to be in an 1 1 1 j (Case Z-90.016) page four ANALYSIS (continued) is over allocated by 5,049 intensity trips. There co oyed98 unallocated trips in the study area. Because the P P reconing exceeds the allocated intensity ttlPso a disproportionate share analysis is required. In considering the dlsproPortlonate share allocation of intensity, the planning and Zoning Commission and City limited should Consider the following items Out are not to these ItoW C1 a. Ade sate InErastruct~urG The infrastructure in this area was desia~nod to uses accommodate Thereewould need to belimprovementsetoi yy he t typpe infrasucte in of dove oposhtotr(SeerIpecial dInformationmsoctionhof type S ff Report), Generally, the infrastructure is in place to toasu pppo ort the development, or would be required during platting of the property to be adequately constructs , h, gt usu_r__fil Tooolraohy There is no noticeable unusualatopographic features to this site or within the study o intensity trips for allocation elsewhere, C. ComoatibllitY is through good One way to desurroundln paroperties are mostly an edesxislgtn, The ii used shopping Center swhich is located In a existing ng strip p hhoCentee. moderate activity d, Other Policies Strict nomoidlnce with thebsi n o din oe , this lanslteQsifnd opprovode policy of the The proposal violates the trip allocation p DDP and would cause the study area to be in an over-allocated status, a) 1J (Case Z-90-015) Page Five This This proposal ialciseos violates of the DDP, both t The he plan concentration setion ion and that ghborhood ol Service Centers shall be located at least a half mile from other non-residential retail centers. The size of the non-residential centers vary from 2 to S acres depending on their access to a specific category of arterialfwith aBDDPiPolicy primar icres of non-residential use. Because the requested rezoning Is for a Neighborhood Service District, many types of retail type uses are allowed by right. The DDP addresses strip commercial uses as follows: log Strip Commercial - It is the Intent of the plan to encourage centers of activities and to discourage strip commercial development. This will be accomplished by: i l) Limiting curb cuts. 2) Requiring site plan review (i.e., parking, 3) 8neouragine diversity on major arterials (commerciaa nodes broken up oy nigh density 4) Discouraginflunsightly)and hazardous strip commercial ~ bufferlnt bo y requiring si$n restrictions, " S) Limitingkimunts ofeeomaorcial/retallaiAnd, use , in moderate and low intensity areas." The proposed development adjoins and existing strip shoppping center, If there could be a guarantee that medical offices and ancillary type uses were the only uses of this site, than there would be no violation of this policy of the DDPI however, with straight toning there to no guarantee of the specific use, If the applicant chooses to reapply for a Planned Development District, there would be greater opportunity to reevaluate the proposed developmenv espeatall relating to all of thq toll let of the DDP, PQPr Instance, office use Iritentity trip allocation may not use more than the available unallocated trips of the study area, The applicant has Indicated to us that there is not enough Information av&liable to prepare a PD detailed plan, I I l "~J (Cale Z•90.015) page Six RECOMMENDATION Staff recommends dental of Z•90.01S. ALTERNATIVES 1. Approve petition 2. Deny petition T"\ ATTACHMENTS 1, Location Map 2, LUMIS intensity Area No. 114 and Map ISIIX i t- M 1 E I 1 DATE: 02/19/91 CITY COUNCIL REPORT FORMAT T0: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager ! BUBJECTr 2-90-017 RECOMMENDATION: ; Planning and Zoning Commission recommended approval of Z-90-917 71 unanimously (6-0). BUMNARYs This request 14 to rezone 4,814 acres of land from PD 106 to mot Office District on property located at 201 N. Bonnie Brae locally known as the Denton Community Hospital, BACKOROUNDt The hospital property was rezoned In 1986 to a Planned Development and was in compliance with the Denton Development Plan policies, t They are requesting to build a third story to their existing I building, Because they are building upward and not Increasing their building coverage, they would still be In compliance with the Plan if they were to obtain the straight zoning district status, UAMB, UPARTMENTB OR 0R0upg FECTEDt MCA/Denton Community Hospital Building Inspections Code Enforcement Planning And Development FISCAL IMPACT: { N/A ry Reaps lly subml t r Prepared by: Cloy V, Hatre 1 City Manager Ka re: K. s art L" Urban Planner Ap rd)R1,RRobbinsj,' /Frank A2CP Executive Director Planning and Development 2558x 1 r. PLANNING AND ZONING COMMISSION REPORT To: Mayor and Members of the City Council Case No.: 2-90-017 Meeting Date; 02109191 GENERAL INFORMATION Applicant: Hospital Corporation of America Denton Community Hospital 207 North Bonnie Brae Uenton, TX 76201 , r Current Owner; First Texas Medical, Inc, 'Sl? Scripture, Suite 107 Denton, TX 76201 Requested Actions Rezone 4.844 acres of land from Planned Development 106 to 110" Office District. Current Zonings Planned Development 106 A Location and Sizes A 4,844 acre tract located at 207 N. Bonnie Brae, locally known as the Denton Community Hospital, I Surrounding Land Use and Zonings North - "Office" and General Retail - Doctors' Clinics South - "PD-69" - Vintage Nursing Home East - "SF •7 - Residential West - "MP-1" Vacant Property Denton Development Plan: Moderate Activity Center SPECIAL INFORMATION Transportations The site has existing access to Bonnie Brae and Scripture. Scripture is currently being rebuilt. The site is platted and all necessary public improvements were installed with the original building, Utilitioss All utilities are in place, , I (Case Z-90-017) Page Two 7 SPECIAL INFORMATION (Continued) i Drainage: j The addition of a third story to the existing ho!pital will not affect the existing drainage situation. , a HISTORY On March 18, 1986, the City Council passed and approved Ordinance No. 86-58 which rezoned 4.844 acres from W-111, Multi - Family and 116R" General Retail Districts to Planned Development District No. 106. The reason of the Planned Development zoning as opposed to a straight zoning request was it gave the staff and governing bodies the opportunity of curb cut and parking lot management by allowing an analysis of a detailed site plan. The hosppital requested the curb cuts for purposes of emergency vohicle maneuverability, on January 23, 1991, the Planning and Zoning Commission heard and recommended approval of this request. ANALYSIS Bonnie Brae Is considered an entranceway into the City of Denton. According to the Denton Development Plan, development along major entranceways present the first impressions of the City to the public eye, The policy of this plan, therefore, is to entourage and promote good urban design to enhance the i aosthetic quality and visual amenities along entranceways There are specific guidelines in the Denton Development Plan that are required for developments on entranceways as folluwst a. Front yard setba:ks b. Building coverage co Landscaping d. Signage e. Curb cuts f. Off-street parking g, Design and construction facade h. Pedestrian access a i c i (Case Z-90-017) Page Three ANALYSIS (Continued) This tract of land was developed as a Planned Development District and all of these guidelines were addressed at the time the detailed plan was reviewed and approved by the Planning and Zoning Commission and City Council. Although the City Council, by way of an unwritten policy, has requested that all rezonings on an entranceway come to them in i the form of a Planned Development in order to review the site design, this particular development has already gone through the scrutiny of such review. The applicants are proposing to expand the hospital by adding a third floor. Staff has reviewed how this expansion will affect the policies of the Denton Development Plan and has determined that the proposal is not I increasing any intensity allocation; therefore, they are in compliance with that policy of the plan, All policies of the plan are still being complied with. Staff encouraged the applicant to request a rezoning to Office District instead of amending the Planned Development for a ± number of reasons. However, the main reason was because a hospital is an allowed use in an Office District. In the event the hospital relocates, another medical facility or related use would be able to obtain a Certificate of Occupancy without j having to amend the Planned Development District. Another j reason is that by applying for and obtaining an office zoning district, it allows flexibility for the hospital to expand their facility without the additional time and money incurred in amending the Planned Development each time. RECOMMENDATION ' Planning and Zoning Commission recommends approval of Z-90-017 unanimously (6-0). ATTACHMENTS Location Mapp Minutes of P&Z January 23, 1991. 2959k 1. 1 J I 1 . ~ 1 C:l CZ LINDEN SITE Q ©o ~ p ff4ff E , S iPT 4 q SCRiPTUR p ON W O I Iii! W, OA W. OAK k a~~~~ W. NlCKORY ~C Mail oeiM►r 1~j J 0 I I curt ~ W a r a cam wo.r as . u Il ~r I 1 R 1 f I~ MINUTES Planning and Zoning Commission January 13, 1991 ~j The regular meeting of the planning and Zoning Commission of the City of Denton, Texas, was held on Wednesday, January 23, 19910 at 5:00 p.m. in the City Council Chambers of the Municipal Building, r 215 East McKinney. r Present: Roy Appleton, Euline Brock, Ivan Glasscock, Judd Holt, / William Kamman, and Fran Morgan Absent: Jim Engelbrecht 4 Present from Staff: Prank Robbins, Executive Director for Planning } and Developments Karen Peshari, Urban Planners Oven Yost, Urban Planners Cecile Carson, Administrative Analysts Joe Morris, Assistant City Attorney; and Olivia Carson, Secretary Chair called the meeting to order. , i 1. Minutes it was moved by Mc. Holt, seconded by Mr. Oleascock, and 1 unanimously carried (5-0) to approve the minutes of the regular meeting of December 12, 1990, i II, 2-90-017 Hold a public hearing and consider rezoning a 4,844 acre tract of land from Planned Development 106 to office District for the purpose of adding a third floor to the existing Denton Community Hospital located at 207 N. Bonnie Brae. 15 notices were mailed to adjacent property ovnerss 7 vane received back in favor of the petition. Ma. leshari presented the staff report and slides of the site, surrounding land uses and zoning are., North - Office and General Retail - Doctors' Clinics South - PD-69 - Vintage Nursing Homes East - BP-7 - Residential West - MP-1 - Vacant property She continued that the infrastructure is adequate and utilities are in places The tract is located in a moderate activity centers On March 18, 1966, the City Council passed and approved Ordinance No. 86-58 which resoned 4.844 acres from M1-1 and General Retail to PD-106s The reason for the planned development zoning was that it gave staff and governing bodies the opportunity for curb cut and parking lot management by allowing an analysis of a detailed 'mite plan. According to the Subdivision Regulationso only one curb cut could be allowed, but the hospital needed two I A \ 1~ PiZ Minutes I January 23, 1991 Page 2 for emergency vehicles. The proposed expansion will not require any additional parking. Bonnie Brae is considered an entranceway to the city, and although the City council has by way of an unwritten policy, requested that all rezoning on entranceways come to them in the form of a i planned development, this particular development has already gone through the scrutiny of site design review. All policies of the plan are still being complied with. Staff t encouraged the applicant to request a rezoning to office District. Petitioner: Brian C. Robinson, Administrator and CEO for MCA, stated that the hospital came to Denton in late 1987. The hospital opened under other owners and was later taken over by MCA. The hospital has grown and needs to expand its facility. It was originally designed to be three floors and the existing parking is adequate for three floors. The third floor was postponed at the time the hospital was constructed. Construction costs are going up because of the war. The cost for constructing that floor now will be 5.3 million. It would be more except that the plumbing and wiring for the expansion is already in place. He said that he learned that there would be a need to go back through the zoning process when the building permit was applied fore They are operating near capacity and need more apace. Staff f has recommended rezoning to office as the most expeditious action. There will be no new iquare footage on the ground, The construction will all be upward, Mr, xamman arrived at the meeting. Mr. Appleton asked the long range plans for the hospital, Mr. Robinson said that they plan to continue operating. A percentage of the new third floor will be left as a shell for later development. If at some point in the future further expansion is warranted, they would try to buy the vacant land to the west but that is not foreseeable at this time. No one was present to speak for/against the petition. Ms. ?*abaci stated that staff recommends approval of MCA Hospital's request for office zoning. Mrs Appleton said that he thinks this is a good project, as asked if it is a step away from she PD philosophy, ✓ i 1 - 1 Pr,Z Minutes January 23, 1991 Page 3 Ms. Peshari replied that the rationale is that this site has already been through the PD process and met entranceway requirements and is in a moderate activity center. Staff is not trying to steer away from PDs, but in this cane, if the hospital ever decided to relocate, the building would be easier to convert to another medically related/office use. It is also more flexible for the hospital, saving them time and expense. ~ Mr. Appleton asked if the hospital might eventually be 30 stories high. Ms. Feshari stated that the maximum allowed would be 22 stories but 10 is more realistic at this site because that would put Bonnie Brae at full capacity. They will have to comply with landscaping and parking requirements before a Certificate of Occupancy would be issued. Ms. Brock closed the public hearing. { Mr. Bolt moved to recommend approval of the request to j rezone HCA Hospital to office district. Motion was seconded by Ms. Morgan, Ms. Brock reminded the Commission that they are rezoning 1 land and not the use. Office zoning does not seem Inappropriate at this location thosgh. Motion carried unanimously (6-0), III. Consider a recommendeeion to city Council amending chapter 24 of the Code of ordinances and Article 15, Appendix B, Coda 'of ordinances related to the parking and storage of trucks and related vehicles in residential zoning districts an4 parking on streets. Staff Reports Ms. Carson stated that this is the third time staff is presenting information to the Commission on the parking issues'. She presented a draft ordinance to the commission and reviewed with them the changes entailed by the ordinance. She said that some of the toning Task force members were concerned about the nuisance of recreational vehicles, Ma. Brock asked about their concerns. Ns. Carson replied that specifically, parking large RVs in driveways in front of houses can block the view up and down the street and they are there constantly. Mr. Robbins said that the Task eorce was reviewing zoning ordinance amendments, They Indicated as a group that they did not want to get into this parking issue. They wanted information on changes and that was provided to them. 1 ) ~I I bb.o I ORDINANCE NO. I AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM PLANNED DEVELOPMENT "PD" DISTRICT TO OFFICE 110" ZONING DIS- TRICT CLASSIFICATION AND USE DESIGNATION FOR 4.844 ACRES OF LAND LOCATED ON THE WEST SIDE OF BONNIE BRAE STREET APPROXIMATELY 500 FEET NORTH OF WEST OAK STREET, AS IS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FCR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE- WHEREAS, HCA Hospital has applied for a change in zoning for J 4.844 acres of land from Planned Development "PD" district to 1 Office "0" zoning district classification and use designation; and WHEREAS, on January 23, 19910 the Planning and Zoning Commis- sion recommended approval of the requested change in zoning) WHEREAS, the City Council finds that the change in zoning and i approval of the detailed plan will be in compliance with the Denton Development Plan; NOW, THEREFORE, y THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSs SECTION I. That the zoning district classification and use designation of the 4.844 acres of land described in Exhibit A, attached to and incorporated into this ordinance by reference, is changed from Planned Development "PD" district to office 110" zoning district 4lassification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas. jE9TION II. That the City's official coning map is amended to show the change in zoning district classification. sFC2I0N_III. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding constitute a that a provision of this separate and distinct offensonance is violated shall $2,000. Each da SECTION IV. That this ordinance shall become effective four- teen (14) days from the date of its passage, and the City secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official news- paper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 1991. BOB CASTLEBERRY, MAYOR i i 1 i ATTEST: JENNIFER WALTERS, CITY SECRETARY 1 + 1 BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: O rVV1 f I ~ r 3 a I PAGE 2 . ~ \ I l Exhibit "A" I I130:w CRIPTION FOR DENTON COMMUNITY HOSPITAL 111 that certain tract or parcel of land situated in the E. Puchalski Survey, Abstract Number 996, City and County of Denton, Texas, and being all of a tract shown by deed to first Texas Medical, Inc., recorded in Volume 1170, Page 185, Deed Records, and being all of Lots 3 and 4, Bonnie Brae Addition, recorded in Volume 1, Page 7, Plat Records of said county, and being more particularly described as follows: J CEGI1117I1IG at a steel pin on the West right-of-way of Bonnie Brae and the northeast corner of Lot 1, Block 1 of the Denton Retirement Center, recorded in Cabinet D, Page 275, Plat Records, Denton County, Texast THENCE North 88 degrees 57 minutes 05 seconds West with the Borth line of said Lot 1, Denton Retirement Center a distance of 301.87 feet to a fence corner posts THENCE Porth 89 degrees 40 minutes 39 seconds West with the north line of said Lot 1, Denton Retirement Center, a distance of 520.72 feet to a steel pin at the Northwest corner of said Lot 1, also being on the East line of tract shown by deed to Dr. James Hollis Jonest I 1 TNEirCE North 01 degrees 22 minutes 22 seconds West with the Last line of said Jones Tract a distance of 244,22 feet to a steel pin at the Southwest corner of Lot 2, Block A., Med- I' Tex Subdivision, recorded in Volume 7, Page 521 Plat Records, Denton County, Texast THEtiCE North 89 degrees 11 minutes 00 seconds East with the South line of said Lot 2, Block A, a distance of 150.75 feet to a steel pin at the Southeast corner of said Lot 2, Block A, also being the Southwest corner of Lot 1, Block A, Med- Tax Subdivisions TIIENCE Ziorth 89 degrees 12 minutes 24 seconds East with the South line of said Lot 1, Block A, a distance of 320.94 feet to a steel pin at the Southeast corner of said Lot 1, Block A; T:1E11CE :forth 12 degrees 43 minutes 22 seconds West with the East line of said Lot 1, Block A, a distance of 39.57 foot to a st-ael pin at the Southwest corner of Lot 6 of the Bonnie I Erae Aedition, recorded in Volume 10 Page 71 Plat Records, D=nt^n County, Texas; F^I r t \ ~I 1 Taz,,:c: South 88 degrees 53 minutes 05 seconds East with the stance f 29-8 feet to seel South line ooutheasrt cornerlof saidoLot96,8also beingaontthe t Vin at th s West right-of-way of said Bonnie Bras$ THENCE South 12 degrees 37 minutes 37 seconds East with the vest right-of-way of said Bonnie Bras$ ; a distance of 199.87 Eset to a steel pin at an angle pBins q-CIMICE South 12 degrees 45 minutes 34 seconds East with said the r;giin snd containing infall 99-37 4S 844 eacresoof land. of p_ginning ing a J j i ~ I I. 2651L-113689 1 1M r NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES Ott SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. ' WHEREAS, the City has solicited, received and tabulated i competitive bids for the purchase of necessary materials, equip- ment, supplies or services in accordance with the procedures of state law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "aid Proposals" submitted therefor; and i WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: i SECTION I. That the numbered items in the following numbered bids or ma erials, equipment, supplies, or services, shown in Cite "Bid Proposals" on file in the Office of the City' a 'Purchasing Agent filed according to the bid number assigned thereto, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM AMOUNT NUMBER NO. VENDOR 1213 ALL TBONASSON LUMBER CO. EXHIBIT B 1216 ALL _ BILL rtmrtro YORD f10a899.75 - 1217 1_3 _ lK8 TRUCK 126 313.00 2. n%-fln 1219 1-3_ UNION METAL - 155.•350.00 1219--- 4 PELCO 314,873.60 nZEDER DISTRIBUTORS _ MYRiT A 1221 Af .1. 7 SECTION II. That by the acceptance and approval of the above numbered Items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. f SECTION III. That should the City and persons submitting approve and 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 attachad hereto; provided that the written contract is in accordance with the terms, conditions specifications, standards, quantities and specified sums contained in the B.d Proposal and related bid documents herein approved and accepted. SECTION IV. That by the acceptance and approval of the above numbered items 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 effective imme at3 tely upon its passage and approval. PASSED AND APPROVED this day of X1991. BOB CASTLEBERRY, MAYOR ATTEST: ' JENNIFER R M APPROVED AS TO LEGAL FOR)I: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: I PAGE TWO y I i ExISIT A I BID # 1221 I I I } ( REEDEA I GASOLINE A DIESEL I DISTRIBUTORS S i BID NAME I ( OPEN DATE FebruarY 12, 1991- I _ -i---------------I ITEM-DESCRIPTION - _ I VENDOR } -1-------------- -'~---------------(I UNLEADED 200p000 GALS. } ( 1 .6546 I DPW OPTS 1 +,0115 -1 SELLING PRICE } .6661 I I I } I I I I I ' 2 } #2 DIESEL 150,000 GALS ~ I .6588 DPW OPIS +.oi2 I +,02 I I SELLING PRICE ,67 1 I I ' h a I 1 EXHIBIT B BID 1 1213 1 I I I ( BID NAME Wood Utility poles I TNOMASSON I I LUMBER CO. OPEN DATE January 29, 1991 ----I~._ ' # I QTY I ITEM DESCRIPTION I VENDOR I I Pole Lengtk / Claas-----j---- ( 1 f 100 I 35' / 4 I 224.12 i~ 2 N 60 I 40' / 3 1 1 ~ 1e4.3e j 3 + 300 i 45' / 3 1 211.99 1 4 1100 I 45' / 2 237.96 1 I 1 5 ( 100 1 50' / 3 1 247.98 6 I 25 I 55' / 2 303.66 1 7 1 30 j $9, / 3 1 361.93 8( 2{ 65' / 2 I 793.90 1 1 1 ( 1 I 1 1 I I ALL OR NONE i ( I I TRUCK LOAD I I j, . I 1 i r- e qpplql~ DATEiFebruary 19, 1991 CITY COUNCIL REPORT 1 Mayor and Members of the City Council TOs FROMs Lloyd Y. Harrell, City Manager SUB3ECTs BID #1213 - WOOD UTILITY POLES the only gZgQtih,KDA1121s We recommend tThis bid omassonbeLumberedCoto for unit bidder meeting speoifioation, prices as follows: Pole Length 351 Class 4 1224.12 each ITEhI 1 40, 3 $184.38 each 2 , 3 1211.99 each g 45, 2 $237.96 each 4 5450, 3 $247.98 each 5 , 2 4303.93 each 7 55, 3 4361.93 each 7 65, 2 1793.90 each I a , Total annual estimated expenditure is 4165,000.00. JQKHASYs This bid is for annual purchase of wood utility poles treat by thedEleotricpDistributiontDepartment~.m Twosalternateobids were by " submitted for poles treated with creosote but were rejected due to the environmental concerns the Electric Distribution Department has for creosote. 1 gAQ~4gQygp: Tabulation sheet, Memorandum from Don McLaughlin. LagQRJLHAa.--QEEAITH111__4.6_-21MA__AEEB~4TEQ; Warehouse working capital for Electric Distribution. L'INA4-181AM Budgeted account #710-043-04582-8708. i CITY COUNCIL REPORT FEBRUARY 19r 1991 PAOE 2 OF 2 Respeotfully submitted: i i loyd V. Harrell City ,Manager Prepared by: j - ~ Names Denise Harpool Titles Senior Buyer ! Approveds Names Tom D. Shaw,C.P.M. Titles Purchasing Agent DH/jh 122.DOC 1 I 1 I 1 I a { I I P { f 1 I I I 1 BID ! 1213 1 1 I I 1 I THOMASSON I INTERNATIONAL gOPPERS I BID NAME Wood Utility 20105 I LUMBER CO. f PAPER I INDUSTRIES ~ I I I I I OPEN DATE January 29, 1991 I I V--~ EN~ONDO-j VENDOR f END0- A I QTY I ITEM DESCRIPTION i 1 IJ--- - 1 I 1 ,II pole Length / Cla I I 113.10 j 1 4 1 109.70 I 224.12 1 1 100 I 35 / 1 1 1 184.38 I 159.40 1 f 1 156.70 I I I 2 1 60 I 40 / 3 1 1 211.99 i 188.40 I ? 1 I 45' 3 188.55 1 I 3 1 300 I I 1 237.96 i 224.10 j I I I 214.45 l j 4 l 100 1 45' i z I 1 247.98 I 232.15 I 1 1 50, / 3 1 236.75 1 1 5 i 100 1 I 303.66 1 272.00 55' / 2 I 277.45 1 6 1 25 I 1 f 361.93 ; 325.60 320.10 1 I 55' / 3 1 I 793.90 ; 643.80 7 I 30 I 1 6.40 1 1 8 1 2 2 61 I ( 1 t F. I I I I I I 1 j ALT. CREO I ALL OR NONE S ALLT~RCNONE l I ALL OR NONE I TRUCK LOAD ` TRUCK LOAD I S TRUCK LOAD I I E 4 ,I i i 1 DATF:February 19,1991 CITY COUNCIL REPORT TOs Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: SID 11216-FOUR DOOR SEDAN Council approve award d to the l da ` mee0~iMngHQspeoHifioations,Bill Utter Ford, in the amount Of !10,899.75. g2HHAgys Bids were opened February 7, 1991 for the purchase of one four door sedan to replace a 1983 Plymouth in the Utility Administration Department. Bids were mailed to eight (8,) vendors and we received five (5) responses. A1UQ2Q2H2s Tabulation sheet. pgQfl9Al1.~~_QE~AflTMEHT_9H-_QSQ2P,~_AEFEQTF~s Utility Administration and.Motor Pool. Administration aoot Budgeted funds Pool Fund and Utility A ; 4L; ly submitteds w arrell City Maager Prepared by: Names Me anie Harden Titles Buyer Approveds ~~J1sS..1 Names Tom'Shax, C.P.M. Titles Purchasing Agent MH/jh 120.DOC i 's - LA T A N N 9 ca a rn N 'g am co Is Q 1 N Q F+ N 0 N 1 - ~ 1 N 03 a " m co ~ H a I >Y be ..°vto- 01. t b N , r1 ~pq L~• m N m s; (~JJV 0 90 S o .0 o L ; ~G a a I ta- r r~h 00^ h y 4t04~p0p 'ON4'##o N.. N rQl 4 ,V 4 M C q . N i ~ a.. a~ W O ~iS r► . p p rim G pp L A d v 1~ ~ .moo 'a eTO ~o N M V call g M rl N L AT N U a m y a ~ w 1 r L Q W I BID 0 1216 1 1 I I 1 I KARL I DENTON I DENTON I BILL I DAVE I BID NAME 4 Door Sedan I KLEMENT I COUNTY ! COUNTY I UTTER I KRAUSE I 1 FORD I MOTORS I MOTORS I FORD I DODOE I OPEN DATE February 7, 1991 I I I (BID f2) I I I ! I f I I I f I QTY f -ITEM DESCRIPTION ! VENDOR ( VEW)OR I VENDOR I VENDOR I VENDOR I .I I I I I I I I 1 I I I I I I 1 1 1 1 Full size 4 door sedan I $11,799.66 I $1194F6.53 1 '13026.75 1 $10,899.75 I $12,372.50 1 f I per specifications I ! (2.5L 4 cyl.) I I 1 ! ! I I ! 1 I 1 ! I I I (Alternate: ! ! I I I r ! $12,121.83 1 r ! r r I 1 1 1 (3.OL 6 oyl.) f I I I I I ! ! I I I ( I i I I Models ! Taurus L I Plymouth I Mercury I Taurus I Dynasty ( i I I I I Acclaim I Sable as I ) r r I I ! 1 I 1 r I { I I Delivery: 145-90 days r 90-120 days I 60-90 days ! 45 days ! 90-120 days I i I I I I I ! f f I I 1 ! ! r r I !Terms: Net ITerms: Net r I Standard I I 1 1 I Upon Delivery I Upon Delivery I I Radiator Only I I I 1 I I I I I I I (Power Locks Add: (Power Looks Adds I r r I 1 ! 1 $208.25 1 $270.00 1 I I I I (Bench Seat Adds (Spare Tire Adds I I I $1 $62.00 I I I [Spare Tire Adds Intake-Ready...Add:) I I 3 r I I I $72.25 1 $40.75 ! I I 1 I I i IMeke-Ready...Adds[ I I I I I I ! $40.75 I I I I i 3 i 1 DATEIFebruary 19x1991 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROMt Lloyd V. Harrell, City Manager SUBJECT: BID #1217-UTILITY TRUCK BODIES flE&IlMlSEHPATIIll4c Council approve award of bid to the low bidders meeting specificationsc E221AINZ-2 (IlY (Total of $26,31300) fors Utility Body for 3/4 Ton Truck 1 each at $2347.00 each Utility Body for 1 Ton Truck 3 each at $2864.00 each " Utility Body with Hydraulic Tool Circuit for 1 Ton Truck 2 each at $7687.00 each IlQ~j~f,BIljd~gQpy (Total of $7005.00) for: 1 I Utility Crane Body for 1 1/2 Ton Truck 1 each at $7005.00 each a j.UMjJABYc Bids were opened February 7, 1991 for the purchase of Utility Truck Bodies as described above. These bodies will be placed on fleet replacement trucks which are on order at this time fora Electric Distribution (1) 3/4 Ton and (1) 1 Ton Trucks Water 8 Sewer Field Services (4) 1 Ton Trucks Wastewater (1) 1 1/2 Ton Truck. flA4gIl8IlS!)lIlc Tabulation Sheet. PSIlIlBSMfl+_B8Ed8rMSiT_Il8__IlBIlUEIl_AEEEIlTEpc Electric Distribution and Water b Sewer Field Servicea, Wastewater and Motor Pool. I i r City Council Report February 19, 1991 Page 2 of 2 F.I~A3~IME~4T = Electric Distribution Account /610-080-0252-9230 Water A Sewer Service Account #620-081-0461-9104 wastewater Account #620-082-0170-9104 Respectfully submittedt f Lloyd V. Harrell City Manager Prepared bye f.. Names Melanie Harden Titles Buyer M Approvedl Names Tom D. Shaw, C.P.M. Titles Purchasing Agent MH/jh 121.DOC { BID r 1217 I I I I f ! I DAVIS ! UNITED I COMMERCIAL I FONTAINE I FORT NORTH f BID NAME Utility Truck Bodies I UTILITY I FLEET I BODY I TRUCK I TRUCK ! I HYDRAULICS ! I I OPEN DATE February 7, 1991 I I I I I I _l I I ! r ! QTY 1 ITEM DESCRIPTION I VENDOR I VENDOR I VENDOR I VENDOR I VENDOR ! I I l ! 1 r 1 ! 1 ! 1 !Utility body for 3/4 ton truck) NIB I $2,789.00 I $2,678.00 I 12047.00 l $2,610.00 I 2 1 4 !Utility body for 1 ton truck I NIB I $3,393.00 I $3053.00 j $2,864.00 I 139085.00 ! 1 ! I I f I I 1 3 1 1 !Utility body for 1 ton truck I NIB 1 !5,251.00 1 $7,744.06 1 $7,687.00 1 NIB I ! !with hydraulic tool circuit I (Tool Circuit Onlyl I I I 4 1 1 IUtility/orans body for 1.5 tonl NIB 1 $7,694.00 1 $7,005.00 1 $9,593.00 f $7,675.00 1 1 I Itruck to include hydraulic I I I r I I loutriggera, removal and I I 1 I I I I linstallation of auto-orane I I ( I r ! I I r I f f I I Deliverya I 1 60 days 1 60 days 1 60 days 1 90 days I (Doesn't include any spring work) r4 Alternates $4,525.00 with manual outrigger I i j DATEsFebruary 19, 1991 1 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROMs Lloyd Y. Harrell, City Manager SUBdECTs BID 11219-TRAFFIC SIGNAL LUMINAIRE POLES, ARMS 6 ORNAMENTAL BASES i~M&Z1pATIQfIs we recommend this bid dbe awarded to the low bidders for each group of items as liste Item 1 Union Metal 20-Std. Signal poles, arms ped. poles. $24,116.00 Item 2 Union Metal 16-Ornamental Signal poles. $271654.00 } ire 250NHPS. Item 3 Union Metal 10-Lum100 Item 4 Peloo 16-Ornamental Pole bases. $14,873.60 ,g2Shs This bwithalamfor ps tandpbasessto obeoinstalled around the lighting poles Downtown Square. flAQgQgQygps Tabulation sheet, memorandums from Jerry Clark dated February 12, 1991. PHQUTAH14_pBEA111MT-QH_QZ92k3_AEESQTEpi Engineering department and Citizens utilizing the Downtown area. r EipQAL a ao89 9Bond funds for 1989 Streets and Bridges account Reapectfully submitteds Lloyd Y. Harrell City Manager E C 1 1 C I CITY COUNCIL REPORT FEBRUARY 19j 1991 PAGE 2 OF 2 I I~ Prepared by: Name: Denise-Harpo 1 Title: Senior Buyer Approved: f1 Name: Tom D. Shaw Title: Purohaeing Agent DH/jh 12b,DOC I 1 i' BID d 1219 I I I I ' I I I I I BID WE 'traffic signal Uv rraire I ODGM a CO INR,:XN FIxmc I '1E fM IM I PRMSM I Poles, Area 8 ammtal Bases I I E I E I I I I I t1Pir1 DATE Febnlary 7, 1991 I I I I I ~ I I 1 i d l C4Y I I1at CAIPTTOPI I VWOR I WWR I Va"V0R I VV DOR 1 I I I I I f ~ I I t I I I 1 f 20 IsrAtvc M SIGNAL ;''mss, ARCS, I No BID I NO BID I NO BID I NO BID I IPED. PM (P. 5) I I I ! I I I f 1 2 I 16 IORNA6ET X SIGNAL KLES (P. 16) I NO BID I NO BID 1 NO BID I NO BID I t I t I t i 3 I 10 IUM AM 250 H4fs (P. 21) f NO BID I NO BID I NO BID I NO BID 4 1 16 lORNAt WX UKDRDes m z BABE i No BID I NO BID 1 W BID f NO BID I I t(P. 24) I I 1 I I t t f I I I I ~ I I Delivery r l I I 1 I , I I I t I I Pam I MON t E ZAL 1 DIJSF aiRY I sm-IF D I , Y I t i I SALES I ~ k ! I QIY I I'm DESf TION I vwm I VMR I vein I vaoOR I E --I--~ ~I I 1 I I 1 ! 20 IsTA+d n SSGNAL Pam, ARMS, I No am 1 $24,116.00 I NO Bm 1 $26, I IPfD. K E4 (P. 5) I I I 1 934.00 = 2 1 16 EOIddAD wAL MMAL P= (P. 16) I No BID I $27,654,00 f NO BID I NO AID j ! 1 I I I I I ` 3 I 10 IDIV AIRS 250 1i4m (P. 21) I NO BID I $3,580.00 I NO BID I NO BID I 4 1 16 1O(ddAMAL ummum P.1,E BASE i $14,873.60 1 $15,152.00 1 No BID 1 NO BID I I I(P. 24) 1 = I i I I I 1 Delivery: I 9o DAYS 1 d1 a 8-10 M3 I I ?0 DAYS I 1 112-4218-20MKS I I 1 $11,873.601 $70,502.061 I I i CITY otDENTON, TE7fAS MUNICIPAL BUILDING / DENTON, TE%.4S 76201 / TELEPHONE (8171566.8240 MEMORANDUM DATE; February 120 1991 ' TO: Tom Shaw, Purchasing Agent Jerry Clark, Director of Engineering & Transportation FROM: SUBJECT: Ornamental BTraffic Signal Luminaire Poles, Arms E The bids and delivery dates received on February 71 1991 from Union Metal are acceptable. ~ Amount Description E Item 4 Quantity Standard signal Poles, Arms, $24,116.00 1 20 Ped. Poles ,4.00 I 2 16 Ornamental Signal Poles $2217 65 654.00 E 3 10 Luminaire 250 W-BPS The prices are excellent. Union Metal has a reputation for supplying quality materials in a timely manner. i recommend Union Metal be awarded bid items 1 - 3. a erry r c 5 0957E f r' I CITY ofDEMTONs TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (8)7) 566-8200 MEMORANDUM DATE: February 121 1991 TO: Tom Shaw, Purchasing Agent FROM: Jerry Clark, Director of Engineering & Transportation SUBJECT: Bid #1219 - Traffic Signal Luminaire Poles, Arms & Ornamental Bases The bid received from Pelco Products for 16 Ornamental Bas Theipricespare above ouraestimates but still reasonableable. Pelco Products has supplied quality material to the City of Denton on previous projects in a timely manner. The delivery date of 19-20 weeks is allowable for this type product. 1 recommend bid Ite-a t4 be awarded to Pelco Products. erry Mar 0957E { 1 DATErFebruary 19, 1991 1 CITY COUNCIL REPORT 1 T0; Mayor and Members of the City Council PROMS Lloyd V. Harrell, City Manager SUBJECTt BID 01221 - GASOLINE 8 DIESEL 1 BUQM)LEDA110i We recommend this bid be awarded to Reeder Distributors at the at a fluctuating DFW O.P.I.S. average price per gallon and a fixed markup price per gallons l~SiLEAp~2 BIB~EL i DFW O.P.I.S. AVO PRICE FOR 2-5-91 .65460 Mark up •65830 Selling price }.66610 }.67080 922. It This bid is for the annual purchase of fuel for use by all City of Denton Departments. This bid selected a vendor and set a mark up or delivery price for fuel. The DPW O.P.I.S. (oil ^rioing Information Service) price may fluctuate but the mark-up will remain the same. HAScd4fl0111e Tabulation sheet. P~4SifldlSS~_2 E6HTMEHT_5)9_489l1P5-6£F~STE2I All of City of Denton Departments. FI8&AL____1HEAQT' Budgeted working capital aooount 0710-025-0580-6705-8711. 01 Respectfully submittedr 1 - + I to d V. Harrell Prepared bye City Manager Hem es~ Title] Senior Buyer I ADpro~edi 1 Names Tom D. Shaw,C.P.M~ Titles Purohasing Agent DHljh 123.DOC J . 1 BID • 1221 I I I I I \ I I I I I I gm i 1SF].9CE I MAftm I REFm I BM N" C MXNE & DIF: I DLSIRIBUPOR.9 I I EAG E I D=RI LnM I I I I I I I I I I 1 CPEN DATE FeU%wy 121 1991 I I I I I ~I I I~I I 0 I nR4 DFSCRIP go s VE70OR I VENDOR I VENDOR I YQIDOR I I ,_I 1 I ,I I . I 1 I I I 1 1 I TILE E>? 2000000 0AIS. I I 1 I I I I I s I s I LEN OPTS 1 .6597 ! 6666 ! .6576 I .6546 I ! I +.0137 I +.023 I +.0150 I +.0115 i I MLM PRICE I .6734 I 6896 i .6726 1 .6661 I ~ ~ I I I I I I , 2 I #2 DMEL 150,000 GAi.4 I I I I I I LEN MIS I .6638 I .6707 I 6617 I 65M I Ij I I +.0159 1 +.023 1 +.0175 I +.012 I r I SETLIM PRICE 1 .6797 1 .6937 I 6792 I 6708 I I 1 I I I f i SIM LOAD I I I I I I 30.00 w 1 a I , jj 2651L-3/36$9 n NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING fOR AN EFFECTIVE DATE. r WHEREAS, the City has solicited received and tabulated competitive bids for the construction of public works or :mprovements in accordance with the procedures of state law and C'.ty ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that ehe herein described bids are the lowest responsible bids for the construction of the public works proposals ans and sspecdescribed in the bi ifications therefore; invitation, NOW, THEREFORE, and pl THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Tliat the following competitive bids for the construct ono Rublic works or improvements, as described in the "Bid Invitations , "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NL14BER CONTRACTOR AMOUNT _ t 1215 Smith $58,551.00 SECTION Ii. That the acceptance and approval of the above compe t ve s shall not constitute a contract between the City and the person submitting the bid for construction of such public I works or improvements herein accepted and approved, until such person shall comply with all requirements spenified in the Notice l . 1 r' I L651L-3/3689 NO. 1 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVF11ENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited receive an worksated competitive bids for the construction of public improvements in accordance with the procedures of state law and City ordinances; and r WHEREAS the City Manager or a designated employee has responsible bids dforathe construction so`f the bids are r lowest received FOid► proposals or improvement described in the bid, invitation, i1 and plans and specifications therefore, O THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Tliat the following competitive bids for the struct on ~ubli: works or improvements, as described in the according 'co nfile invthet oOffice of therCity''ss'Purchasing Agent filed specifications to the roved asdbeinumber assined hereto, are ng the lowest responsible bids: hereby accepted and approved ~ app AMOUNT J CONTRACTOR BID NUMBER ;58,551.00 -I,215 Floyd Saith _ i ,I SECTION II. That the acceptance and approval of the above comp2tUivo'bi3® shall not constitute a contract between the City and the person submitting the bid for construction of such public person shnllpcomplynwitheallnr quirementsnspecifi d inn theiNotice pp 1 J ' II r P I I 7 I to Bidders including the timely execution of a written contract and cation furnishing he award of the hid, and payment bonds, after notifi- c j SECTION III. That the City Manager is hereby authorized to execute a necessary written contracts for the performance of the construction of the public w or k her ro a provided cco dance that with the bids accepted and approved contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifyig the I terms, conditions, plans and specifications, standards. quantities and specified sums contained therein. SECTION F IV. s gnat theonexecution cofacontractsalfor of thee public comps t ve works and improvements per of hereiinn, thee manner Cand ounciin hereby authorizes the expenditure roved bids and authorized the amount as specified in such app contracts executed pursuant thereto. SECTION uV'That sanordinance approval. become effective .mme ate y pon its passage 1991. PASSED PAD APPROVED this the day of _ r i BOB CASTLEBERRY, MAYOR ATTEST: ~ ~'i`AAY APPROVED AS TO LEGAL FORM: DEBRA ADA14I DRAYOVITCH, CITY ATTORNEY BY: PAGE 2 Tom-" r _ 7 _ - ~~•,T_ `r=` DATES February 191 1991 CITY COUNCIL REPORT Mayor and Members of the City COUno" s TOs FROMs Lloyd V. Harrell, City Manager SUBJECTS BID 01215 CONCRETE£WOR~EET PAVING IMPROVEMENTS/ &ared to bidderFloyd Smith inethemtotalhamountdofe$58x1551,00. the low 11 ups to aborateals =11EX s This bid is far the lourbl mendrigutterad eandlieother complete oonorete sidewalk, improvements to a section of West Scripture street, Clark dated @A~Sflg4Sl2t2s Tabulation sheet, Memorandum from Jerry i February 11, 1991• Engineering Department t PgQgBet1~~_~EYABTMF.I~T_gE__A@Q~EB_AFFE4TEp and Citizens utilizing this area. s Funds for this project will come from Bond Fund. E 1 @I4j4AL_IMQA4T E i /434-002.5685-8514-9105. f Respectfully submittedi Lloy V. Harrell M City manager s Prepared bys Names DeniserHa col Titles Senior Buyer f Approveds 3 !C Names Tom D. Shaw, C.P.:l. Titles Purchasing Agent DH/jh 124.DOC 1 t •4 4 BID P 1215 I I 1 I f 1 BID NAME Scripture St. Paving I JORDON I FLOYD SMITH f LARRY MANNINO I Improvements/Concrete Work I CONSTRUCTION I 1 INC. I ! I I I ! OPEN DATE February 5, 1991 ! f I I I I I { . ITEM DESCRIPTION 1 VENDOR I VENDOR f VENDOR ! ` I I I ! I I I I sr . t " I I I E ' Total per Speoifiuationa 1 472,862.72 1 $580551.00 1 461,231.25 1 I I I I E s Bid Bond? (Yes/No) I YES I YES I YES 1 I I I I I~ ! I' ;I J i 1 I i I t 1 ~NW 1 CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76101 / TELEPHONE (817) 566.8200 MEMORANDUM r DATE: February 11, 1991 j TO: Tom Shaw, Purchasing Agent 4 FROM: Jerry Clark, Director 01 Engineering & Transportation 11 SUBJECT: Bid 01215 - Scripture Street Concrete Work The low bid We reviewed the bids 551.00) isoanFexcellent1bid91.Our inhouse 11 of Floyd Smith ($58 estimate was significantly higher so we recommend approval, adeen let The drainage work for this project has alre. f Dentonostreetd City through a contract with Jagoe Public. crews will be undertaking the construction of the street including the asphalt work. This contract is to provide the associated concrete appurtenances such as curb and gutter# ' driveways, eta for the project. I Floyd Smith is a local contractor with an excellent reputation and proven performance in the City of Denton. j J tC at s 0957E t Y 1 rDreo ORDINANCE NO. : I AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT BETWEEN THE CITY OF DENTON AND RONE ENGINEERS FOR PROFESSIONAL ENGINEERING AND TESTING SERVICES RELATING TO THE CITY'S LANDFILL) AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Council of the City of Denton hereby authorizes the Mayor to sign an agreement between the City and Rone Engineers, a copy of which is attached hereto and incorporated by reference herein, for professional engineering and testing set-vices relating to the city's landfill. gZg2JD Ii. That the City Council authorizes the expenditure 1 of funds in the manner and amount as specified in the agreement, not to exceed $11,382.00. SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1991. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: ^ t t Y.' 1 Y i 1 DATE:February 19, 1991 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager i I SUBJECT: BONE ENGINEERS PURCHASE ORDER 411979 s i flF~dMEZi~ATI42~s We recommend this purchase order to Rone Engineers in the amount of $11,382.50 be approved as written. I This purchase order is for the annual electric resistivity survey at the City of Denton landfill. This survey or test is a check to see if any materials, specifically metals, are leaching or leaking from the landfill. This is required by the Texas Department of Health. i i Our original cost estimate based on past years was approximately $8000.00. Charges in requirements by the Department of Health I increased the cost of the survey. j HA"2F.4gUi Purchase Order PC011979, Invoice 3175-6D, Rone 1 Engineers 'and Memorandum dated 1-24-91 from Charles Watkins. 1 { ffl44flAMfl._II ~PAflTMflt~T. ~fl_9BQlli,4_AEEESeTEP s Landfill op a riA t i o n s. I EIS4Aii_IMEZ~T1 1990-91 budget funds for special services account number 630-02t-0803-8502. Respectfully submittedt J-62A4 Lloyd V. Harrell City Manager Approved byr r. I Names Tom D. Shaw, C.P.M. Titlet Purchasing Agent TS/jh 125.DOC . q 11 IIJ IJ H 1 CONFIRMING ORDER PURCHASE ORDER NO, l (IF MARKED) This number must appear on ett PC 11979 DO NOT DUPLICATE Invoices, dellwy ski, cases, j ctns, boxes, pecklrp slips and bift R No,, Bid No' D eq Dale: OL 08 91 Pafle No' 01 NDOR PURCHASING DIVISION / got a TEXAS STREET / DENTON,eTEXA9 76701 ME/ F{KE ENGIN: Q17/987-7100 D/fWMETR0617/7610N2 FAXOtMO246S7 EFS 1 DRESS 11234 WCDNIGHT LANE DELIVERY CENTRAL RECEIVING S23 DALLASI TX 75229 ADDRESS SOLID TEXAS ST I DENTONI TX 76201 VENDOR NO. RON49000 DELIVERYOU07ED 02 15 91 FOB DESTINATION TERMS I i J1 1000 fA VENDOR CATe 8 N / A MFG NAME 1/382/000 119382*50I CITY M 90629 RESISTIVITY SURVEY, 1 r J I PAGE TOTAL 1 111362050 GRAND TOTAL 1 119382/50 01 E30 024 01102 8502 111382100. ENDOR NSTPUCTIONS: Q To nu - Net 30 tU'd1u othlrwin &p"w l Send or" k ok1 with dupticals copy. 1. ShipOr4 Instructions. F.O B. OestInallon prepeld tGwss awrwe/ owo rd) 1 134 to - Accounts Payable 6. No fedaral or 11110 tale s lax shall be ftk)M 215 E. %t 'nney St. In prices bl'41 n..•.. ~rr.~nn PUrc Mglna Divlq'On i 1 I I I i li a I ~ It IIJ IJ M l ] CONFIRMING ORDER PURCHASE ORDER NO: 111 (IF MARKED) This number must appear on all PC 11979 DO NOT DUPLICATE kwaces, der-wy y ps, =a& dne., boxer, x'- kiq sNi5 and bins. Rea No: Eifel No. Date: 02 08 91 PoWNo. 01 NDOR PURCHASING DIV IVON / 901.9 TEXAS STREE r / DfNTON,►irEXAS mot ME! FCkE ENGIN.F:RS 617/J937100 DIFW Aff TAO 8171767 OOa7 fAX O M387 4697 + DRESS 11234 GOODNIGHT LANE DELIVERY CENTRAL RECEIVING S23 ill DALLAS* TX 75229 ADDRESS SOLID WASTE 901 8 TEXAS ST DENTONs TX 76201 1 117 1 VENDOR NO. RON19000 DEUVERYQUOTED 02 15 91 FOB DESTINATION TERMS i J1 1.900 EA ECl7Y CA90629 N A MFG NAME 1*302.000 16.382.50; RESISTIVITY SURVEY { i I PAGE TOTAL i 119362054 GRAND TOTAL It 116382050 01 00 024 0802 6502 119382000. l ' ENDOR INSTRUCTIONS. 1 Terms - Net 30 luraafs oewr w woow ) Send or" kmoics Wilt dupkate copy. e.8hoor4 kxtructions: F.O S. DestinatW prepald l"so drww4s owlM4 I II A to - Accounts Payable 6. No federal or 9! ve Saks tax siaA be Inckxfud 2 1SEWKlnneySt, In pricesblhed ~r. -ten PurcPasinaDi,ls!nn I I - } A i i I ' i r j 1 p4m F.nlgtnesrs 11234 Goodnight Lane GW Dallas, Texas 75229 Materials s Te Tesstn~,g ~tarts (214) 241-1517 Metro 2631555 Ma i INVOICE Invoice Number TOC sty of Denton t ice oe • Department Of Public Works 215 East McKinney Terms: ow Dal pso.la Denton, Texas 76201 Attn: Mr. Charles S. Watkins p•rarenee Project No. 2-576-40 t Earth Electrical Resistivity survey Denton Landfill i { Dentonr Texas fl 1 1 F 20900.00 229 Hours, 2-man crew i Staff Engineer 00 29 Hoursr (as required by the State) ~ 4,49s.oo subtotal, field investigation I i 3.0 Hoursr principal Engineer 270.00 60207.50 116.50 Hours, Staff Engineer 105.00 3.50 Hours, Draftsperson and Report Reproduction r19~~-4Si 3.50 Hours, Typing 6,887.50 . Subtokal, 8agineeriag 11,382.5 TOTAL AMOUNT DUE Ravi W by: i ti ;r Charles M. J son, P.E. vice President, Engineering KwW/CMi/ksf i Vbaee p•mx To; Thank You 11214 000610t Lane Oahe, T•%" 76210 an annual lnt•r••t rate 01 166% lnptnb•n A9 accounts not raid within 30 dam Ye of N! original InvOte dat e CITY of DENMA TAMS MUNICIPAL BUILDING / 215 E. MLKINNEY / DENTON, TEXAS 76201 MEMORANDUM i i T0: Tom Shaw, Purchasing Agent 1 FRCMt Charles Watkins, Superintendent, Solid Waste Division DAIS: January 24, 1991 i SUBJECTt EARTH ELDCTRICAL RESII17MITY SURVEY The original estimate for the cast of the required annual resistivity j survey at the landfill was $8,000.00; however, the City and Rone Ergi- neers were contacted by representatives of the Texas Department of Health and given specific instructions regarding the way the Department wanted the survey performed. These instructions required a more oatvre- hensive survey than had been oonducted in the past for the purpose of providing background data to the Texas Department of Health. 1 The additional data required by the Texas Departmrnt of Health increased the cost of the survey. 1 Ciar es S. Watkins y CSW/sc 1W2/012491081 Attachtaent ,I 9171566.8100 U/FW METRO /74-2S29 1 a 1 Geono ` ORDINANCE N0. AN ORDINANCE AWARDING A CONTRACT FOR DATABASE CONVERSION SERVICES TO GEONEX MARTEL, INC.} PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated com- potitive sealed proposals for the purchase of database conversion services in accordance with the procedures of state law and City ordinances; and WHEREAS, the City Manager has reviewed and recommended that the 1 proposal of Geonex Martel, Inc. is the lowest responsible proposal 1 for the services as shown in the "Bid Proposals" submitted there- for; and WHEREAS, the city Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the ser- vices approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the proposal of Geonex Martel, Inc. is hereby accepted and approved as being the lowest responsible proposal for the items set forth in the proposal. SECTION 11. That the City Manager is hereby authorized to ex- ecute a contract with Geonex Martel, Inc. for the services refer- enced above, a copy of which is attached hereto and incorporated b reference herein, Y SE =ION 111. That by the acceptance and approval of the above proposal, the City Council hereby authorizes the expenditure of 1 funds therefor in the amount and in accordance with the written f contract made pursuant thereto. SECTION IV. Tha• this ordinance shall become effective im- mediately upon its passage and approval. PASS,D AND APPROVED this the day of 1991. BOB CASTLEBERRY, MAYOR lip J 1 1 1 f *Nn t 4 J■ r` 1 IIl I \ I ATTEST: I~ JENNIFER WALT£RS* CITY SECRETARY BY, APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY, ,I I 1 j i e 1 I I 4 3 i a I 1 i i f I PAGE 2 i 3050L i AGREEMENT BETWEEN THE CITY OF DENTON AND GEONEX MARTEL, INC. I THIS AGREEMENT for services and materials is entered into be- tween Geonex Martel, Inc. ("GEONEX") and the City of Denton, Texas, a municipal corporation ("CLIENT" or "CITY"). IN CONSIDERATION of the mutual pr<,nisea of the parties, IT IS AGREED: 1. Project. The CLIENT proposes to develop the Project as described in the Request for Proposals anti in GEONEX'S Proposal dated November lb, 1990 (attached hereto as Exhibit "A' is incorporated herein by reference as a part o£ this Agreement,) 2. Servicec. GEONEX shall perform all services and fur- nish all materials, equiment, labor and other things to complete the "Work" or "Services" described in the Aggregate Schedule of Work (attached hereto as Exhibit "B" and incorporated herein by reference) in the CLIENTS Request for Proposal and GEONEX'S Proposal eExhibit "A") GEONEX shall promptly commence the Work upon the CLIENTS notification to proceed and shall diligently continue the Work so as to progress with the Work in compliance ` with the defined times set forth in GEONEX'S proposal and with the conpletion date as shown in the schedule of Work, except as provided herein. 3. Conflicts. In the event of any conflict between the terms and conditions set forth in Exhibit "A" and the terms and condi- tions of paragraphs 1 through 24 hereof (including Exhibit "B") then the terms and conditions of Exhibit "A" shall control, unless such contrary agreement is specifically set forth herein. 4. Progress Reports. Upon reasonable written request from CITY'S designated person, GEONEX shall provide a written progress report regarding the status of delivery of items and completion of work to be performed and an explanation of any problems or delays that have been or are expected to be encoun- tered, plus any other information reasonably requested by CLIENT. 5. Warranties. GEONEX warrants that the services and ma- terials purchased hereunder meet all requirements specified in Exhibit 'A". 5. Survival of Warranties. GEONEX agrees that the warran- ties and representations made by it in its Proposal and herein are effective as of the date of the execution of this Agreement, and further shall survive the execution hereof. 7. Venue. The Agreement shall be construed in accordance I J . 1 z ~ I 1 I with and governed by the laws of the State of Texas, Venue shall be in Denton County, Texas. t 8. Source Maps. CITY agrees to provide source maps for I the key maps on file with the City, and tape data for the trans- lation pursuant to Sec. 5.4 of Exhibit "A". 9. Map Definition. GEONEX agrees to provide the defi- nition of final map layers represented in composite form in , Exhibit "C", "Photogrammetric Features", attached hereto and incorporated by reference. 10. Pilot. A Nilot project is included in the scope of the 1 contract and described in Exhibit "A" attached hereto and incor- porated herein by reference. GEONEX agrees to perform the ser- vices required for such project as described in sec. 5.9. The Pilot project shall be designated as Phase I of the Services. 11. Payments. Payments will be based on the Pilot Services (Phase I) and Post Pilot Services (Phase II) as described below: Phase I Pilot Project Cost: ° 1e,•ial Photography 38,205.00 ° t.,ur Key maps with Planimetric Features 51486.00 Total Pilot Project Fee $ 430691.00 The 01TY shall pay $19,102.50 upon receipt of all pilot data. The remaining 524,588.50 is due and payable only if the CITY accepts the pilot project. If the CITY accepts the pilot, the CITY shall pay $24,588.50 within 30 days. Total Project Coat (Phase I and Phase II) $249,621.00 Less: Pilot Cost $ 43,691.00 Remaining Contract Price (Phase II) $205,930.00 For Phase II Services, payment shall be as follows: A. For Photogrammetric Mapping, the CITY shall pay the sum of $25,666.49 upon acceptance of each of the three (3) agreed work areas and within thirty (30) days of receipt of an invoice. PAGE 2 s 1 1 B, For Contour Translation Services, the CITY shall pay the sum of $19,596,60 upon acceptance of the contour translation and within thirty (30) days of receipt of an invoice. C. For Key Map Conversion, the CITY shall pay the sum of $498.54 upon delivery, installation, and acceptance of each key mup and within thirty (30) days of receipt of an invoice. D. Upon acceptance of the total project and services, the CITY shall pay the sum of $20,593.00. 12. Protection of source material. Pursuant to Section 5.0 I of Exhibit "A" of GEONEX'S Proposal, attached hereto and incor- porated herein by reference, GEONEX shall provide and maintain valuable papers insurance in the amount of $60000,000 which covers the restoration of any maps, photography, )lens, drawings, com- pluter tapes, computer programs, or any other data or reports re- r-vided under while in the this contract in the gservices GEONEX S possession. or their loss f 13. Deliverables. GEONEX shall provide CITY with the deliverables described in Exhibit "D" attached hereto and incor- porated by reference herein. GEONEX shall utilize the standard ARC/INFO attribute date types which will be related to their as- sociated graphic features as described in Appendix 8 to Exhibit "A". GEONEX shall provide data according to the Miner & Miner database design m end ed product t place l on deliverables the shell be in igital tape form load CITY'S system. 14. Integration. This Agreement contains the entire agreement between the CITY and GEONEX (which includes all documents stated in Paragraph 1 of this Agreement). Any agreement writing additional for subscribed to by b th parties iasaan Amendment shall to this in Agreement,and 15. Indemnification. Notwithstanding anything herein to the contrary, the following indemnification provisions shall apply to this Agreement: GEONEX shall comply with the requirements of all applicable laws rules, and regulations in connection with the services of GEONiX and shall exonerate, indemnify and hold harmless the CLIENT, its elected officials, officers, agents and all employ- ees from any and all liability, loss or amage arising out of non- payments limita- full respons;forwithout asume rules sibility i GEONEX with shall such tion, of PAGE 3 1 federal, state and local taxes orworktr~isbutions sation d and e- come etax laws social GEONEX's employees. Further, GEONEX shall exonerate, indemnify and hold i ide harmless and Co dthe ndCITY, t iterovel ctedr officials, 6eofficers, CITY'S option, agents and all employees from any and all liability, loss, damages, expenses, or claims on Eaccount work or sing esom or resulting, directly or indirectly, 1 performed under this Agreement, including damage not limit g to those aris from or of bodily injury, death or property resulting, directly or indirectly, from the negligence of GEONEX or any subcontractor of GEONEX, or any of their respective officers, directors, employees and agents or any subcontractor of GEONEX or any of their resppective officers, directors, employees or agents; or where strict liability or i b l GEONEX sou operations imposed upon GEONEX solely by reason of under this Agreement. re the extent A of! the reement~ GEONEX iwillffuthe rthers indemnify iCITY required by g expenses or claims for bodily for all liability, lose, damages, , injury or death occurring to officers, odirec rs tors, ge templ)ye- ployees of GEONEX or to officers, directo agents or ,s of subcontractors of GEONEX which occur during the course of and as a resul of operations conducted tore undertthis agreement, specifically including, but notclimited to, liability, loss, damage, expenses or claims attributable to, t of faulenses arising out of, or resulting from the sole or concurrent negligence of CITY, when such liability, loss, dama e, or claims is attributable to, arises out of, or resu is from the sole or concurrent fault or negligence of CITY, GEONEX and/or subcontractor of GEONEX, or any of their respective elected I~ any s, officers directors, agents or employees, or from theo- ries o of f rise strict liability by operation of law. CITY may at any time, including, 16. Change Orders. without limitation, following the completion of and deli Written CITY of all deliverables for the Pilot if aj'ect,make changes, ' order, and without notice to the sureties, i any, request, negotiations within t the generalg from rd t t 'S results GEONEWS proposal or CITY scope of this Agreement in any one or more of the following: a. Descriptio•i of services to be performed. b. Time of performance (i.e. hours of day, days of the week, etc.). c. Place of performance of the services. I PAGE 4 r ~ 1 If any such change causes an increase or decrease in the cost of, or the time required for, performance of any part of the work under this Agreement, whether or :lot changed by the order, the CITY shall make an equitable adjustment in the contract price, the delivery schedule, or both, and shall modify the Contract in writing accordingly, GEONEX must submit any "proposal for adjustment" (hereafter referred to as proposal) under this clause within thirty (30) days from the date of receipt of the written order. However, if the ive CITY decides that tfacts fthe inallpaymeat ofethe submitted and act upon a a proposal Agreement. If GEONEX'S proposal includes the cost of pproperty he made right ob- solete prescribe the manner of the the adispo disposition of the shall property to 17. Notice of Termination. The performance of services under the Agreement may be terminated by CITY in accordance with this Article: a. Whenever GEONEX shall default in performance of any term or provision of the Agreement (included in the term "default" is any such failure by GEONEX to make progress in the prosecution of the Services hereunder as endangers they timely completion of the Services) and shall fail to correct the default within a period of ten (10) days (or such longer period as CITY may allow)) after receipt from CITY of a written notice specifying the default; or of and del 1 b. ofFollowalling the Pilot P oject,t alloCITY for a reasonable period of time for inspec- tion, review end implementation of such deliver- ables bq CITY, in the event CITY determines that such termination is in the best interest of CITY. Any such termination shall be acc mplished by delivery to GEONEX of a written Notice of Termination specifying whether r default, for convenience CITYiandithe dateoupon which suchGE termination becomes effective, of 18. Post Termination Actions. After receipt of a Notice of Termination and except AS otherwise directed by CITY, GEONEX shall: a. Stop services under the Contract on the date specified in the Notice of Termination; PAGE 5 r b. Place no further orders or subcontracts or orders j for materials, services, or facilities; i c. Terminate all orders and subcontracts; d. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts; o. Transfer title to CITY and deliver to CITY the following: 1. Services in progress, completed services, sup- plies or other materials produced as a part of or acquired in respect to the performance of the services terminated by the Notice of Termina- tion; 2. The completed or partially completed plane, j drawings, information and other property which, 1 if the Contract had been completed, would be required to be furnished to CITY, r 3. quireother or the performance drawings, the Agreementt ac- f. Take such action as may be necessary or as CITY may direct for the protection and preservation of property related to the Agreement which is in the possession of GEONE.X and in which CITY has ac- quired an interest; and, g. Proceed immediately with the performance of the above obligations notwithstanding any delay in i determining or ad)usting the amount of the com- pensation and reimbursement as defined in this Agreement. 19. Settlement. In the event either party should terminate this Agreement in Phase 11, GEONEM and CITY may agree upon the I whole or any part of the amount or amounts to be paid and CITY 1 will pay to GEONEX an amount determined as follows., There will be included therein all costs and ex- N nses reimbursable or payable in accordance with e Contract not previously paid OEONEX for per- formance of the contract prior to the effective date of the Notice of Termination. 20. Insurance. GEONEX shall provide and maintain an in- surance policy in amounts not less than the following limits! PAGE 6 1 a 1 f J~ 1 i i a. General Liability. $5009000 per occurrence combined single limit bodily injury and property dame e, and an Occurrences. (1,000,000) on less t~an One amount account of all Million for damage b. Product Liability. Product Liability or l;mitpaetof Operations insurance with bodily injury liability of not less than Five Hundred Thousand Dollars ($500,000) per person; Dollars 500 000) per occurrence, and One Million Dollars ($,006,000) aggregate. C. Auto Liability. Auto Liability Insurance with bodily injury limits of not leas than Five Hundred Thousand k Dollars ($500,000) per occurrence and property damage I limits of not less than One Hundred Thousand Dollars II ($1000000). 1 d. Worker's Compensation and Employer's Liability. Worker's Compensation and Employer a Liability In- surance with a limit of not less One Hundred Thousand Dollars ($100,000) p occurrence. 21. Certificates. GEONEX chall furnish to the CITY a Certificate of Insurance or duplicate policies of insurance de- scribed above which specifically protects the CITY by naming CITY as a named insured under the policy or provides an endorse- not ment under t terms resulting itoltha CITY, but claimsf inwhich the curred byinsurer only to pay also agrees to enter a defense on behalf of the CITY, to any an all suite or actions, in which the liability o the CITY is vi- carious and is predicated upon alleations of some act or omission by GEONEX, subcontractor, or their- agents. This proof shall be received within ten (10) days after notice of award. Purchase order(s) shall not be issued until Certificate of Insurance are received. Such certificate must contain a provision for notification of the CITY thirty (30) days in advance of any bmat e eria writing and in g r coverage or cancellation. Notification signed in ink by a duly authorized officer the Insurer. aritten consent of the shall ClTYtlt assign this contract 22. the Assignment. without In accordance with Section 2.17.5 of 23. A' ' Liquidated Damages. Exhibit " "A', the the parties agree that GEONEX shall be liable of and pay the CITY stipulated, fixed and liquidated damages of $500 each cal implementation dateeuntild yy del schedule all wo k is completed and accept d.syetem I PAGE 7 This Agreement is executed in several counterparts, each of which shall be original for all purposes and shall be binding upon , and inure to the benefit of the heira, personal representatives, successors and assigns of the parties hereto. EXECUTED this the day of 1991. CITY OF DENTON, TEXAS BY: BOB CAMEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY j 1 I BY: GEONEX MARTEL, INC. i i BY., Title: ATTEST: nTRETARY PAGE 8 r q v. \1 I I EXHIBIT "A" REQUEST FOR PROPOSALS ! AND ~I GEONE.X'S PROPOSAL 1 s { i I s i _ t i i ~ f 1 PAGE 9 I L 1 CITY OF DENTON, TEXAS i REQUEST FOR PROPOSAL NO. 1160 I 3 ' i e DENTON GEO-MATION .a GEOGRAPHIC INFORMATION SYSTEM . 1 REQUEST FOR PROPOSALS CITY Of :'1ENTON* TEXAS 1 Control ~c-2esnoo.eu ~ a 2 Cadaatral/Wgal - 3 Boundaries / Topography S Planixottic ,I 6 Maur /aatura { 7 Points-0f-Intaraat O h a ariPraN ago-,uaa City of Denton 4"caphie intoceation system 1 M I i } E a i I RIQUEST FOR PROPOSALS CITY Of DtNTON* TlXAS AV t z l.~ j I Control s 1 Cadaaeral/Legal I I 3 boundaries 4 Topography ti. Planimottio ~ VL Mb 6 xatat Peaturea T Points-of-tnterest W +I , ~ D~~lOM Q~IIr1TT011 City of Denton o"Isphio tntorartion system -f -T qE F 1 i 1 REQUBST FOR PROPOSALS CITI OF DSNTONP TRXAS 1 Control Y s- 3 Cadaatral/Legal 1 p 3 Boundaries t .gyp , 4 Topography ti 5 planinetrio 6 water Features 7 points-of-Interest DBMldI OBP-IISl10M . City o! Denton Oe"tapblo IniorIbatien SYMN I s i 0.., 1 i I f ^ REQUEST FOR PROPOSALS 11 CITY Of DIRTONP TEXAS 1 Control 4k ' ~ Cadutral/Legal 1 i soundarlaa 4 TopoorobY ~r S PlaniMttic .r. 6 Watae Paatnraa I'I 7 Points-Of-Intaraat r u~. O~MltiM O,~iiil20M City of Ponton o"otophic inlorratian ayatcs I I 1 TABLE Of CONTENTS Page l.r) tntroductiou and Instructions to Proposers i 1.1 Background. 1'1 1.2 General . • a a - a . a a . a . , a a • . • a a . a . • 1-2 /rte 143 scope of Proposals. . a a • . . a • . . . • • a . • • . a • 1-3 1.4 Qualifications of Vendor • • , . , • . , , a - • , a . , , , • 1-3 1.5 Preparation and Submission of Proposals 1-4 1.6 Proposal 101mat . a • • a a • a . • • - 1-6 1.7 Proposal Document a . - . a a • a , • - a 1-5 1.8 Knowledge of Conditions a , a - • , • . 1-6 1.9 Deviation and Requested information • . 1-6 1.10 written Requests for interpretation a a . - . • , a . . • • - . 1-6 1.11 Award of Contract/Rejection of Proposals • • • • • a • , • a • 1-7 1.12 Price Quotations. , • a . • , . • a . 1-7 1413 Schedule of xveatsa • a a • a a . a • , , , a • • a , a 1-8 2.0 Terse and Conditions 210 Backgrounde a a , a - a a , , , a • a . a a a , . • • : • 2-1 261 Related Studies , a a a . . a , 2-1 202 Alternate Proposals . a a, a a a• a,., a 2-1 243 Omissions . . a , , 2-1 2.4 funding . . . • • a a , . . • a , a , 2-2 216 Delivery of Productso a a a a . a a , a a . a . , . , . . , a a 2-2 246 Quality Control, Data Loading and Acceptance, Payment Schedule 2.2 267 NOT US9Da • a . • a • a , , • a a • a a a a . a . a , • a • , , 211 Qualifications of Successful Proposer a a • • . • a • a • a 2-2 269 Prime Proposer Responsibilities , . , a . a • • a a . , a 2-3 2410 implementation Coordinators a . , a • , , • • , • • , . a . a , 2-3 2011 equal Employment Opportunity. . a a a a a . • a a . a . a a . , 2-4 2.12 Compliance with Laws and Regulations. • • . a • • a , a a • , . 2-4 2413 NOT 08204 a a. a., a., a, a a,. a a a a a a a,,.. a 2.14 Patents. and Royalties . . • 2-4 2,16 Indesmification , a , a . a a . a . , . . . . . . . , . a 2-4 2.16 Lability and Insurance . , 2-5 2017 loading # • , a a , a . a a a a , . . , • , a a a a • a . . . , 2-7 ` 2,11 Assumption of existing Leased or Purchased Equipment. , , a a , 2-7 If 2,19 evaluation of Proposals . . • • a . . a a . . • • a . . a a . a 2-7 2,20 Mandatory and Optional faatures and functions a . a a , , 2-9 2.21 Capacity$ a , a . . . a , a • a • • a a , a , a , , a . . a 2-1 2,22 Proposal format . . . • a , • a • . , . , a . . . a . , . 2.1 3,23 Proposal Submission , . , . . • • . a . a a a a • , . . . 3.9 2,24 Proprietary IntorsutfOn a a•• a a. e a.' a 2-9 2-10 2026 Cancellation. a , . . . 2,26 Advertising . . a a a . . . . a 2-10 Table of Contents Page 2 Page 3.0 Selection Process 3.1 Background. • . . . . 3-1 34 Evaluaelon Process Detail 3-1 ~ 4.0 Technical Guidelines i 4.1 Database Overview . . . . . . . . . . . . . . . . . 4-1 4.2 Data Preparation Wrubl. . • . • . . . . . . . . • . . . . 4.4 4.3 Work Unit Control . . • . . • . . . • . . . • . . . • . 5.0 File Overvier - Conversion Data Description and Requitments fI S.1 Summary of Maps . . . . . . . . . . . . . . . 5-1 I 562 City gas* Mapt/Easement !laps. . . . . . . . . . . . . . . 5-1 5.3 Otthophoto Maps . . . . . . . . . . . . . . . . . . . . . 5-2 S.4 Topographic Maps. . . . . . . . . . . . . . . . . . . . 5-2 565 plats . . . . . . . . . . . . . . . . . . . . . . . . 9-2 5.6 AS Built Drawings . . . . • . . • . . . . . . . . . . . . . • . 5-3 517 Drainage maps . . . . a . . . . . . . a 5-3 r S.8 USGS maps . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-3 569 Pilot Project . . . . . . . . . . . . . . . . . . . . . . . . . S-4 5.10 Rs4uired Format . . . . . . . . . . . . . . . . . . s e . . . . 5-4 r 5.11 Requited Cost Breakdown . . . . . . . . . . . . . . . . . 5-3 6.0 Required form to be Completa4 by Proposer t 6.1 RFP Response Form 6.2 Mon-Collusion Affidavit ' 6.3 Required Disclosure 6.4 Experiences and References 6.5 Production and Technical Staff , 6.6 Production Equipment and Facilities 6.7 Terns and Conditions Exceptioi. - 6.b Aggregate Pricing 649 Detail Pricing 6.10 Project Calendar Appendix A feature Database Symbols i 1 r I 1 1 SECTION 1.D j INTRODUCTION AND INSTRUCTIONS TO PROPOSERS r r 1 h C 12o9i J I F,f 5 ti 1.0 D V0DUCTIOtr AND INSTRUCTIONS TO PROPOSERS i I -1 Baround The purpose of this City of Denton RPP in to request proposals from qualified firms for map automation, encoding and related database production services. ffors of istp related o implementation a the Ci on System (GIS)tpcoiect~ton Goo-Nation, Y E Denton Geographic Information Fiscal Year 1989-1990, the city selected o puler hardware and software. The GIb project encompasses and supports functions and agencies including, but nct limited to: o Geographic Information System (GIs), automated mapping, closely I related queries and analytical functions o property mapping and land record functions + i ' o CADD (Computer Aided Design and Drafting) activities and users ~ o Development of regulatory systems dealing with subdivision aPPcovet and other development tracking needs II o Building permitting and other code enforcement functions, including zoning, and comprehensive planning o Statistical mapping and other types of data analysts activities o Infrastructure management activities { o Other geographically specific functions dealing with addressing, geographic referencing and public safety, etc, Selected computes hardware for the GIB systems includes IBM computers, terminals, peripherals and 13M RT workstations located at four mayor locations with an upgrade of these RT's to RISC 6000'a in the winter of 1990. Theme four workstations, located in the four pass eiipoating Ut GIB departments (Engineering/Transportation, planning, Water/Wastewater), are connected to the large scale database processor, O U 4381, Model P14) located in the City Information Services Department. The system is connected together with very high speed, fiber optic links in a government owned nntwotk. The network represents a distributed computing network with a central nap/database on the IBM 4361 with over 2.9 Gigabytes of on-line disk dedicated for GIS. 1-1 s. w. Selected software involved in GIs includes Arc Info, CEAL, Scott s Scott, and Miner and Miner customized products and landhase data management tables. Future phases of the GIs project shall include continued application system's development and other map database construction activities, including, but not limited toe e o infrastructure mapping and encoding for electric utility systems, water distribution, storm water collection, sanitary sewer facilities, streets and other right-of-way information o Zoning and other administrative record mapping activities, and j o Detailed topographic and three dimensional landform database construction The contract awarded pursuant to this RFP will provide resources to build and encode the cadastral/planimetric database that will support the above mentioned maps. For additional information$ see section 2.1 describing other available plans and reports. e Contents of this Request for Proposals (RPP) consists of the following major Sections with Appendices. This first section provides general background and instructions to PROPOSERS, the second section deals with terms and conditions under which the CITY is able to purchase goods and services. The third section describes the selection process and identifies two phases which should lead to the initiation of contract negotiation with the selected PROPOSER. The fourth section dmtails the actual technical description of what services the successful PROPOSER shall be providing to the CITY. Thtq fifth action describes the data to be converted and product requirements. The sixth section includes the necessary forms that need to be completed by the PROPOSERS. Theme farms shall appear in various sections of the proposals to be submitted to tut CITY. Appendix A containm detailed descriptions of may features and symbology as found on the existing base maps. A sample map package containing example City Base maps is included with this APP. 1.2 G*noral 1.2.1 The tots CITY sed se rin reform to the City of Denton Texas, its duly 1.202 The term PROPOSER used herein refers to the comprny/corporation/business organization submitting a proposal to the City in response to this solicitation. y 1-2 V a { v ~ r 1.2.3 The City of Denton has designated the Director of Information services or his designee as the City Project Manager responsible for conducting communications between the CITY and PROPOSERS, see section 1.10.1 for mailing address and telephone number. 1.2.4 Prospective bidders should send a letter notifying the Director j of Information Services of their intention to bid no later than October 220 1990. 1y3. Scope o[ Proposals ' The City is requesting proposals from qualified PROPOSERS to provide services, labor, materials and proven experience to accomplish the following. 1. 3.1 Encode, scan, digitize, or using other available methods, to automate the City's base maps into a digital format compatible with selected hardware and software systems as described. other j 1.3.2 and/or database ifeatures, losuchsas, polygons, ofareaseror graphic topologically structured data. 1 1.3,3 Automate various textual or numerical data tthat hat may appear directly the analog maps, as data/map attributes computer accessible. 1.3.5 Provide all necessary links between the maps being encoded and the automated database. 1.3.6 Provide the necessary staff to produce, manage, supervise, a LJ translation nand computer toperations$ietc, das slrequired file complete this work in a timely manner. 1.4 Qualifications of Vendor The CITY is requesting proposals from qw lifisd PROPOSERS, PROPOSERS with the following quilificattons are encouraged to participate in the RIP process and submit proposalet o Demonstrated experience in automating large scale (1*96 500+ map sheets) local government maps4 o Iirms having the necessary qualified staff Including those with mapping management experience encoding/digitizing i with the rrequired computer science and project processing opectaLttes. o firms having the necessary existing production equipwent, office space, other production facilities, computer hardware and/or software to undertake a production effort of this size. s 1-3 J yr J I 1 o A proven capacity to undertake, manage, direct, and ensure prodcction quality. 1 o Documented financial stability and performance. Please note exhibits are required for a complete proposal submission and cover the above items. Before subrsltting proposals, PROPOSERS are required to examine carefully the requirements and specifications included herein. Allowances shall not be made for a lack of knowledge of these requirements and i conditions. 1.5 Preparation and Submission of Proposals i 1.5.1 Submit ten (10) copies, including original signatures, of the { proposals in a sealed envelope or box, either mailed or hand carried, to II Tom Shaw, Purchasing Agent cis RFP 901-8 Texas St. Denton, TX 76201 I ` prior to the proposal closing time which is 2:00 p.m., I November B, 1990 + 105.2 The delivery of said proposal to City prior to the time and I date stated in 1.5.1 shall be solely and strictly the responsibility of the PROPOSER. 11111 1.5.3 Under no circumstances shall proposals delivered after the time 1 L specified be considered, Late proposals shall be returned to 1 , the PROPOSER unopened with the notation: 'This proposal was received after the delivery time designated for the receipt of the proposals,' M et Proposals must be signed by the PROPOSER with his or her signature in tulle when a PROPOSER is a partne chip, the II proposals shall be signed In the name of the partnership by one or more of the partners, when a PROPOSER Is a corporation, the officer signing shall set out the corporate name in full i beneath which he shall sign his name and give the title of his office. The proposal shall also bear the seal of the corporation. 1.545 The CITY shall not be liable for any costs incurred by respondents In preparing proposals, or other costs, rwlatsd to ! this procurement and the conduct of any negotiations, postage, I travel, interviews, site visits, demonstrations related to selection of a PROPOSER and the award of a contract. Such ' costs and related costs shall not be included in any part of the cost proposal. s. 1-1 I a i 1.5.6 where Proposals have erasures or corrections, each erasure or correction must be initialed in ink by the PROPOSER. I 1.6 Pro~osa! Format 1.6.1 Proposals shall adhere to specified format and content requirements. Standard brochures and specifications may be submitted as additional material but not as the primary proposal data. 1.6.2 All proposals should be typed, double spaced on 8.58 x 114 paper and bound in a three ring binder. Each of the required proposal sections are to begin a now tabbed. Each page and be separately page of the proposal shall be numbered in sequence, per subsection 1.6.1 below and have the PROPOSER's identification. 1.6.3 The PROPOSER is encour±qed to include as much pertinent data and information under each section as necessary to ensure proper evaluation of the proposed system. Each proposal 1 Section must be sufficiently complete to allow separate evaluation of each RFP Section. 1.6.1 Pages comprising a proposal do:ument must be numbered sequentially in the following manners Page Y of Y Pages Where X is the current page numbers and Y is the pages i document. Failure to di so may result in noncompliancenwi the the terms and conditions lescribed herein. 1.7 Propoaal_Docunent The propssai document must be prepared to strictly adhere to the following format and labeled with the tabs accordingly, see subsection 2.22 for the exact proposal formats 140 Introduction, Approach and Qualiftcatioos 2.0 Exceptions or Value Added Proposals to the Terms and Conditiona 3.0 Proposal Summary 1.0 Financial statement 5.0 Other materirla 6.0 Sample contract s 1 32091 -5 1 J 3 ~ I I r I f'S Xnowiedae of Conditions ine 1.8.1 Before submitting proposals, PROPOSERS must c aef Co y allamthe this RFP and inform themselves thoroughly difficulties involved in the completion of all work pursuant to the mandates and requirements of this document. 1,8.2 Pleas of ignorance of conditions or difficulties that may hereafter exist, or of conditions of difficulties that may be i encountered in the execution of the work pursuant to this document as a result of failure to make the necessary examinations or investigations shall not be accepted for any failure or fulfills nor shall o they nbe the part acceptedoassacbasisuforRany Elaims whatsoever for extra compensation or for the extension of time. 1;9 Deviations and Regneeted Information { All proposals must clearly and specifically detail all 1.911 Such requirements deviations exact deviations imposed must be thexplai nod R in sea EXHIBIT if 'Exceptions to Terms and Conditions,' applicable. Otherwise, the CITY shell consider the subject proposal as being made in strict compliance with this document, the PROPOSER being held therefore accountable and responsible. PROPOSERS are hereby advised that the CITY shall only consider proposals that meet tho specifications and other requirements imposed upon them by this document. +h,`. the spaces 1,9.2 PROPOSERS must furnish all requested information provided on the proposal forms. Additionally, pursuant to the provisions of this document, PROPOS8RS must proposed and and/or offered. submit specificationsrelativetoithevservices literature l s 1:10 Britten Abuests for InlerDretatton 141041 No interpretation of the meaning of the plans, supporting documentation or content of this document shall be made except to contact or his designee. Questions relating to the in this RFP or statements interpretation shall be submcontained itted toy associated procedures Gary Collins Director of information Services City of Denton 321-e H. MCRinney Denton, TX 76201 Phone (817) 565-6562 Questions should be clearly marked on the outside as followsi y 1.6 i Questions Concerning Denton GIS RPP Data Conversion Services from Gary Only those communications which ace in writing Collins will be considered as duly authorized on behalf of the city of Dentoni Texss. .10.2 S uch written questions must be received by 5;00 p.n 1 .10.2 2, 1990. Any and all such intecpretations a and any natsuctio^a shall be in the form by o mail to all supplementADDENDUMal which, it leeued, shall be sent prospective pROpOSERs who have `1o`io the e date document otot athe calendar It requested, a copy of the than seven lTf dayP submittal of the Proposals* PROPOSER or hie :ePrea s i may be O own eby the The CITY may y issue ADDENDUM at the address shown in 1010,1 above. ADDENDA as it deems necessary, such ADDENDUM or to receive any ~ Failure of any PROPOSER PROPOSER from any ! 1.10.7 shall not relieve said All addenda so intesPretation ro sal as submitted. obligation under his P p0 issued shall become part of this document' 1.11 Award of Contcac Re ectlon of Pro Sala serves 1.11.1 The CITY, in its sole discretion, " thereofrh andigto waivelany actions any and all Proposals' Or I s whenever such [election or lnformalitY waiver is in the best interest Of the CITY, upon the CITY to award than contract, in 1.11.2 Nothing contained ie wholeh or1 inlaPart, Oft duty toilet in part, based upon anything oher discretion. sale received pd u in rsuant TEXto the rules 1.11.3 CITY shall evaluate Propr uality, for high technology procuc/eents containe. LOC- ' 88-129 of the City- Q 1. and Costs CODE f 251.021 and Otdinance No. tactocs »tlnes thectCITR's decision to avard will espes itical ftcep Proven be C contract. 1.12, price Quotations magnetic media, producible natecials, mosr 9saphica, plots, 1.12.1 Price quotations shall include all materials, papers mylar, 1, labor and other services drawings, form# documsntation, completion of the work. Billings made PROp08ER for the that are Pro Per not reflected in Quotation Will l not be necessary by allowed. s. l-T i i R 1.1242 All maps and other furnished materias the Sent to the c shall tee vendor shall remain the property Of returned in good condition, with only normal wear and tear as required for the completion of necessary work. 1.12.3 The CITY shall not be liable for any amounts beyond those proposed and awarded. Tine and material quotas are unacceptable, except where specifically requested. 1.12.1 The CITY is a tax exempt organization. ~ 1.12.5 Prices submitted in the proposal shall remain valid for a minimum of 180 calendar days. 1.12.6 cin case of any ombined value ofdtherindividual unit costs shall prevail, I i 1.12.7 Any software developed by the vendor in conjunction with this work shall be made available to the CITY. + 1.13 Schedule of evsnts , The following is a schedule of events listed in the order of occurrence, the CITY reserves the tight to change this schedule as it deems necessary for whatever reason. Milestone Data Due or Completed Issuance of RPP No. 1160 October Si 1990 " yI Intent to Sid letters October 22, 1990 ] Pre-proposal conference 111 Deadline for the re:sipt of questions November 21 1990 III Proposals due November 81 1990 Notification of abort list November 29, 1990 Technical recorandation to City Council April 180 1991 1.13.1 A pre-proposal eonfeeanes shall be held at the City of Denton Municipal building, 215 E. MCMIMOy Street, in Denton, Texas. shall This conference be a conference shall takeplace onuOctob r 23, 1990 at 3100 polo The I 1-8 a i r 1 Bidders planning to attend are asked to inform Mr. Collins, of the Information services Deportment, by October 15, 1990 of the individuals attending and their areas of responsibility. 1.13.2 The City will publish the list of questions and answers from the pre-proposal conference to be furnished to each bidder submitting a notice of intent to Bids The City takes no responsibility for deletions or errors so attendance of the 1 conference is advised to insure proposal correctness. i 1 i 1-9 32091 • 1 J r Q +l 1 r Y A I 1 SECTION 2.0 1 TEMS AND CONDITIONS ~I i i if I t f i 4 rj I a 32091 -T a. i r 2,0 TERMS AND CONDITIONS 2.0 Background w The following terms and conditions are requiraments for the procurement of the specified services. PROPOSERS should specifically indicate exceptions and options in their proposal. It Is further anticipated that specified terms and q conditions will to incorporated Into the Contract with the selected PROPOSER. {I The terms and conditions ara presented all potential PROPOSERS to ensure that all proposals have the same underlying basis and can be evaluated accordingly. An expressed willingness to negotiate provides no basis for a consistent evaluation and is therefore unacceptable. Exceptions to the terms and conditions shall be evaluated to determine whether exceptions significantly differ from other proposals and are to the detriment of the County. Note that Exhibit 6.7 should be completed for EACH term or condition exception. However, there are four categories of exceptions which the City may consider: o The degree to which the exceptions differ from the terms and conditions is insignificant, o The exception specifies alternate mechants,ais) for accomplishing the same result, o The exceptions serve only to clarify the terms and conditions. } ~ Ill o The exception relates specifically to a condition which is not pertinent to the proposal. a 2,1 Related Studies and Plans Copies of the OIS software and hardware acquisition proposals are available at the cost of $0.20 p_r page. Staff will be happy to give tours and descriptions for all In place haedwa H /software. 2.2 Alternate proposals- If more then one proposal is submitted, each must fulfill submission ` requ i reiaents, f 2.3 Omissions Omissions in the proposal of any provision herein described shall not be construed as to relieve the PROPOSER of any responsibility or obligation requisite to the complete delivery and support of any and all services. a 2-1 32091 I , I 1 i 2.4 Funding Lisitations Funds are derived from the sale of Certificates of Obligation. The budget has been determined prior to issuance so flexibility for contract, expansion is very limited. a 2.5 Delivery of Products map automation shall progress in a agreed upon manner. It is expected that groups of maps called $work units' shall be made available to the selected PROPOSER on a mutually agreed upon schedule. Mylar map originals shall be provided along with other source materials and data files as described in Section 5 except those source materials stated in Section 5.6.1. Automation of the work unit shall trigger acceptance, quality control and payment scheduling. Products and plots shall be delivered to the CITY at a designated project location. It shall be the selected PROPOSER's responsibility to ensure that all materials, contracted deliverables, original map mylars and any other source documents be delivered to the CITY in good condition at the designated project location. g Track 6250 BPI Tape is the required final media for data loading to the City of Denton GIS system. 2.6 Quality Control, Data Loading and Acceptance Pay-neat Schedule inspection and acceptance shall occur upon successful data loading and quality control and acceptance testing, unless otherwise provided. Acceptance shall occur pursuant to mutually agreed upon acceptance criteria that shall be specified contractually. If the deliverables supplied to the CITY are found to be defective or not conform to specificattons, the CITY reserves the right to return the defective deliverables for repair or replacement as specified. All payments to the successful PROPOSER shall be synchronized with work completed, Quality Control (O.C.) p<ocedures ar.: deliverables acceptance. 2.6 Qualifications of successful Proposer 2.6.1 Experience The selected PROPOSER shall be fully capable and experienced in the services offered. The CITY shall contract only with a PROPOSER having a successful history of admica, support end production. 26802 References The CITY may visit of contact other customer installations to check system operations, PROPOSER'r production efforts, cnd consult with references. a 2-2 3204} 1 1 l 1 2.8.3 PROPOSER Facility Inspection The CITY reserves the right, to visit the production facilities of the PROPOSER for evaluation parposes, and for ongoing project management and contact supervision. Travel costa for CITY personnel shall be the responsibility of y the CITY. See also section 3.0 for more information on the selection process. 2.8.4 Financial Stability and Operational Continuity The CITY requires PROPOSERS with sufficient financial stability and operational continuity to undertake work of the nature specified in this APP. Alternative measures of financial stability and operational continuity shall be consid-red. PROPOSERS are also required to state any material contract or performance litigation to whtah they have been a party since January 1. 19656 Complete Exhibit 6.3, 'Requited Disclosure!,' if not applicable, indicates not applicable. 2.8.5 Prime Proposer Assignment PROPOSERS proposing one or mote firms, corporations or legal entities shall be defined as a Prime Proposer. + 249 Prime Proposer Responsibilities 1 A Prime Proposer must accept complete responsibility for the proposal package include within their proposal. This Includes all the performance and legal l fI responsibilities. Prime Proposer responsibilities shall also include performance of project ~J administration and the cola of focal point for CITY management to coordinate and monitor plans and schedules, maintain project budget and status information, administer changes required, i,•roicing, participate at City of Dei.ten meetings and oversee preparation of reports and presentations. 2.10 isplesentation Coordinator Succevsful PROPOSER agrees to provide a Project Coordinator upon complarion of contra:t negotiations. This Coordinator's responsibility shall inoludei a Submitting, in writing, requests encompassing any aspect of the work, including City staff involvement. o Conducting status meetings as deemed necessary by the CITY representatives. The CITY and PROPOSERS shall determine an appropriate schedule. a 2-3 3209] I 3 o issuing regular status reports as directed. ! 0 Creating and monitoring detailed work plans, protect documentation, problem definition and resolution, and procedures for each phase of the production and acceptance process The CITY Protect Managers see Section 1.2.3 or his designee, shall be responsible for coordinating all selected PROPOSER activities and the change order approval process. 2.11 Equal Employrent Opportunity Selected PROPOS£Rs and subcontractors shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age or national origin. j 1 2.12 Compliance with taws and Regulations I In all cases, the laws of the State of Texas shall apply to the proposal process, the resultant contract and the contcac% performance. PROPOSER performance of the work shall comply with applicable Federal, State and local laws, ordinances, rules and regulations. PROPOSER shall give required notices, shall procure necessary governmantal litanies and inspections, and shall pay without burden to the CITY all fees and charges in connection therewith unless specifically provided otherwise. In the event of violations PROPOSER shall pay all fines and penalties, including attorneys' fees, h appellate fees and other defense costa and expenses in connection therewith. 2.11 Patents and Royalties PROPOSERS without exceptions shall indemnify and hold harmless the CITY and its employees from any liability of any nature or kinds including cost and expenses for or on account of cny trademackeds copyrighted patented, or non-patented inventions process, or article manufactured or used in the performance of the contracts including its use by Denton, Texas. If the PROPOSER or subcontractor +ises any designs devices or materials covered by letters, patent, trademark, or copyrights it is mutually understood and agreed without exception that the proposal prices shall include all royalties or costs arising from the use of such design, devices or materials in any way involved in the work. 2,14 Indemnification PROPOSER shall indemnify and hold harmless the CITY, its agents and employees from or on account of any injury or damage received or sustained by any person or persons during or on account of any operation proximately connected with the provision of any provided services by PROPOSER, its suppliers and/or subcontractorop their agents and employees or both of by consequence of any a 2-4 3209] 1 f i negligence iexcluding negligence by the CITYr its agents and employees) In connection with the samei or by use of any improper materials or by or on account of any act or omission of PROPOSER, its suppliers, subcontractors, their agents and employees. Further, PROPOSER, agrees at its own expense to indemnify and hold harmless 1 the CITY, its agents and employees and to defend or to provide for each Defense, at the CITYs option, from any and all claims o liability tyarising , City from or based upon the alleged violation of any Federal, or other applicable laws, by laws, ordinances or regulations and all suits and ' h actions of every name and description that may be brought against the CITY which result form any operation or act the yPROPOSERtors a osubcontraotohr otubY vi under ract activity or operation be performed by I anyone directly or indirectly employed by either. The award of this Contract to the PROPOSER obligates the PROPOSER to the obligation of acquiring the insurance hereinafter described in addition to assuming the duties of the indemnification recited herein above. I 2,16 Liability and Insurance 1 PROPOSER shall assume the full duty, obligation and expense of obtaining and maintaining necessary insurance. 2,16,1 Insurance Coverage PROPOSER stall provide and maintain in force such insurance, ` including Public Liability Insurance, Product Liability /l Insurance, Auto Liability Insurance, workers' compensation and Employer's Liability Insurance as shall assure the CITY the protection contained in the foregoing indemnification provision undertaken by the PROPOSER. Such policies shall be issued by United States Treasury approved companies authorized to do business in the State of Texas acceptable to the CITY's Risk Manager or Legal Department, and having agents upon whom service of process may be irade In Denton County, Texas and shall contain at a minimum, the following provisions, coverages and policy limits of liability. I, 2.16.1.1 General Liability General Liability Insurance which shell protect the CITY, PROPOSER, subcontractor, agents, and employees from claims for damages for personal injury, including accidental or wrongful death, as well as property damage which may arise from the operations under the Contract and the installation to be performed by th.. PROPOSER, subcontractor, or anyone directly or f indirectly employed by PROPOSER. The limits of liability provided by such policy or policies shall be no lose than live ined d limTousend Dollars it bodily injury iand D property e damagar r and an comb single amount s 1-S 3209j not less than one Million Dollars (411000,OQO) for damages on account of all occurrences. 2.lb.1.2 Product Liability Product Liability or Completed Operations insurance with bodily injury limits of liability of not lees than Five Hundred Thousand Dollars (500,000) per persons Five Hundred Thousand Dollars (#500,000) per occurrence, and one Million Dollars I 1,000,000) aggregate. I 2.16.1.3 Auto Liability Auto Liability insurance with bodily injury limits of not less i than Five Hundred Thousand Dollars 4500,0001 per occurrence and property damage limits of not less than One Hundred j ` 41iousand Dollars (4100,000). f j 2.16.1.1 Worker's Compensation and Employer's Liability 4 Worker's Compensation and Employer's Liability Insurance with a limit of not less than One Hundred Thousand Dollars (100,000) i per occurrence. ! 2.16.2 Proof of Insurance J PROPOSER shall furnish to the CITY a Certificate of Insurance 11 or duplicate policies of insurance described above which ! specifically protects the CITY by naming CITY as a named insured under the policy or provides an endorsement under the r terms of which the insurer specifically agrees not only to pay any claims Incurred by or rasulting to the CITY, but also agrees to enter a defense on behalf of the CITY, to any and all suits or actions, in which the liability of the CITY is vicarious and Is predicated upon allegations of some act or . omission by the PROPOSER, subcontractor, or their agentse This proof shall be received within tan (10) days after notice of award. Purchase order(s) shall not be issued until Certificate of Insurance are received. I' Such certificate must contain a provision for notification of the CITY thirty (30) days in advance of any material change in coverage or cancellation. Notification shalt be in writing and signed in ink by a duly authorited offices of the Insurer. 2.16.3 Claims In any and all claims against the CITY or any of their agents or employees by any employs of the PROPOSER, any subcontractor, or anyone directly or indirectly employed by any of the coiitracting parties or anyone for whose acts any of them may be liable, the indemnification obligation under a ` 2-6 I 3200) a section 2.15 Shall not be limited in any way by any limitation on the amount or types of damagesr compensation acts, disability benefit acts, or other employee benefit eats. jJ I 2.17 9ond01 2.170 Proposal Bond The Proposals shall include a Surety Bondr Certified Check, State Cashier's Chackr Treasurer's Check Lr the draft amount yof the of National Bank representing proposal. The bonding company must appear on the U.S. Treasury list. The proposal bond shall be retained until after awards ro sal she 1 be considered unless the to Sal bond is No Lzzz~ submitted with the Proposals 1.17.1 Certificate of Completion Request for payment must be accompanied by a 'PROPOSER'.- Affidavit and Certificate of Completion.' The successful PROPOSER shall provide a certificate to be executed with the _ f Purchase Order. 2.1745 Pellure to Complete and Liquidated Damages Because the actual damages for delay in completion ace icp:actical to determine, the successful PROPOSER and its sureties shall be liable for and shall pay the CITY stipulated and fixed, agreed and liquidated damages of no more than 1500 a day for each calendar day of delay beyond the scheduled system implementation date until all work is completed and accepted. These damages will agreeable liquidated cdamage os h schedules shall be specified uinaall a maximum of contracts subsequent to this APP. 2.17.6 Contract Assignment Successful PROPOSER may not assign any part of a resultant contractual agreement (except contract payments) without the prior written authorization to the CITY. 2110 assu~tiom o! tzist! Leased at Purohaed •auiprent The leases successful pjq City (s) shall not b entequired to purchase or assume any of DeAtorl 1.19 avalnatioa o! Pro sal, i See Section 1.0 for details concerning the two phase selection ?cocas , A A selection and evaluation committee will be composed of various City technical staff. 2-7 1209) 1 i i 1 1 - 2 ,20 Mandatory and Optional Natures and Functions I 2.20.1 Mandatory Features and Functions All Specified features and functions are to be considered as mandatory for inclusion in proposals. As appropriate$ PROPOSERS shall specify customization charges necessary to fulfill requirements. 2.20.2 Optional Features and Functions PROPOSERS are encouraged to propose festures, functions, tasks or other services not specifically requested within this RPP which shall enhance system functionality, data or map availability, utility, or cost characteristics. , 241 Capacity i The PROPOSER guarantees that the proposal satisfies the tec Mical and performance requirements as described in this RPP. 2.22 Proposal Format The Proposal should be organized as follows with the appropriate sections 'tabbed.' 2,2291 RPP Response Form, see Exhibit 6.1 in Section 6.0, this should appear as the first sheet in the proposal. This exhibit should be typewritten and signed by a duly authorized officer of the PROPOSER and must be notarized. 2.22.2 Executed 'Son-Collusion Affidavit' form, Exhibit 6.2, see ` Section 6.0, this form should appear at the front of the proposal. Exhibit 640 'Required Disclosure' form should also be included at the front of the proposal. 2.22.3 Proposal Section 1.0 Introduction, Approach and Qualifications This section of tho proposal should describe the history and nature of the PROPOSER and provide background information as to the technical approach and how the firm can complete the services required within the timeframes proposed. This section also includes completed Exhibit 6.4, for 'Experiences and References,' as many times as is applicable. 2.22.4 Proposal Section 2.0 Exceptions to the Terms and Conditions, complete Exhibit 6.1 as often as needed. 2.22.5 Proposal Section 3.0 Proposal Summary The purpose of this section of the proposal is for the PROPOSER s 2-8 32091 1 ements of the technical coqui[work to demonstcato an understanding to describe h fan the to and approach of the required secvicea, an boliovea implementation tent undertaken, including Gantt shall t* for a details the YAOYeeCAis cequi[e8 to submit a the provide other conversion and including this thoroug'~ avaluati all The prop°f Section 4•0 depicting haaes reaponaee from Chart neceeaacy a should oleo be covered in pilot pro3Gct• Any uidelines, shall also need to Rrp, titled, 'Technical G sal. The PR0Y0SER fete such work, Of the pro; capabilities to comp this &action technical abilities lsee ,,V subsection demonstcato the Arcinto cap completed Exhibits 6.5 especially in terms of and facilities' ho 51&0 'A g1, This Sectionwithulstatting,c equipment Exhibit 6-10' a So .6 dealing dealing with Pricing, en and d should 6 and 6.9 reduction scheduling Exhibits 6. mitment and P Staffing coa sal. calendar. the section of the Propo tasks jact also be detailed in sal should also $Pacify a! for to the Ptopo or be responsible f, J This eectloClTt 'oust Pectocs, 1 ` that 11sh the dellvacY of services required. sccomp ant f the 2.22.6 1.0 financial Statement inanOlal proposal should include Coley tc. This aectlono`f the roannual p[sports, tinancial stability and earnings hlstocY. statements pR0Y0SSA's 5.0 Other tiaterials descriptive include other o[ fact 2''.2.7 shall tail section of the proposal btochuces or plot ct de This literature, like marketing sheets- 2.22.6 6.0 Sampl'n Contract sample contract iha proposal should i uonly. This section Of R for information Purposes all addendal, from the PROVOS ,.uments, nay in their ontiretY (including The RfP endpro><sof any subsKuent contracto may become a Part adhersal section 2.22 and in ..2' scooosu►1 so to tha lorad4 t failure to do so ohall cssult in exhibits asdescclbe PROPOSERS must f ll e steles Y Conditions as stated herein, the completion o a noncompliance with the Terms and Pco cletac Informatl unless required by the 1.21 roprlatacY information shall not disclose V. CIV. STAT' act. 6252 The City -17a. Texaa open Records Act. TLX. Re s 2'9 72091 pROMZRs will not submit pages marked 'proprietary' o: otherwise restricted- The CITY reserves the right to reproduce the submitted proposals. 2.25 Canceliatioa In the event provisions cf the Request for proposal or Contract are materially violated by the PROPOSER, the CITY may give Witten notice to the PROPOSER + the cntract~cacted within thirty 30) stating the the deficiencies City may cancel unless and terminat dOlciencies art ( 1 I 2.26 Advertising i In submitting a proposal, PROPOSER agrees not to use the result therefrom as a part of any coesiercial advertising without prior written approval of the CITY. i i 1 i . ' 2-l0 32091 i J 1 1. `l+ SECTION 3 1 SELECTION PROCESS 'I 32091 1 1 3.0 BBLECTIOtt PROCESS 3.1 Background 1 The selection process will consist of two major pha3es, the first will be to produce a list of three finalists for a more detailed selection and %-1t evaluation. The second phase will end with a recommendation to the City council to enter into contract negotiations with three firms. The High Technology Rule for contract negotiations will be utilized for negotiations with the three finalists. See Section 1.11.3 for High Technology Rule description. In these discussions# PROPOSERS shall be treated equally with compact to any opportunity for discussion and revision of proposalse Revisions may be made to obtain the best final offers. The first phase selection process will be based on the following critecia. 3,1,1 Completeness of the response to the RIP 3.1.2 Demonstrated understanding of the technical approach + 3,1,3 Ability to successfully complete the work-facilities 3.1.1 Ability to successfully complete the work-project managoment 341.5 Ability to successfully complete the work-schedule 3.1.6 References and experiences J 301.1 Value added approach 1 3.1.8 Cost approach detail The finalists will be rank ordered in the second phase by the following criteria: 3.1.9 Interview and presentation by finalist PROPOSERS 341.11 Ability to successfully complete the work 3.1.12 Cost 3.2 Evaluation Process Detail During the first phase selection process, criteria 341.1 through 3.160 will be used to identify PROPOSIN finalists as determined exclusively from the RIP responses, therefore it is of the utmost impottance that all sections, forms, e RIP apconcise sect proach iatel 1301 rl)~n A ademto each of onstration of the at*standing cof lthe t chnical and (3,1,2) will be determined from proposal responses, form checklists and other RIP response materials. The ability to complete the work (3.10) will be determined from proposal responses and will cover hardware, workstations and peripherals, as well. as software tools and technical staffe Ability to be based on complete the responses$ Ability to complete the work-schedule b 13,115)1 will f proposal r c s response forma, reference checking and other RIP response materials, References and experience (341.6) will be derived from reference checking and a review of completed Exhibits, numbered, 6.4. 3-1 3209] 1 1 . 1 1 r {{1 value added responses (3.1.7) will be derived sfrob PROPOSER rasho sees a R will be used to help measure other PROPOS response toothe aRPP Ds Coat approach mdetail u(3 1 B) will allowithehPROPOSERCto services demonstrate a complete understanding of ti,,* technical requirementas computer data file deliverables and services required as they affect detail costing. first please note that costing is but one criteria In theDetail oat *line ection process and appears again during the ' well be discussed during contract negotiations, the basis for these negotiations will be from coat and services data prepared during the ABP response. or longs[, interviews and Second phase selection will include one-half dayr Committee. The Purpose presentations (3.1.9) by theP Selection and EvaluationSelected o site visit (3.1.10) by of the hem determine Pfindingo as sneeded, stTheLnsecond levels phase for selection criteria, ability to successfully complete the work (3.1.31)( wile be a composite score of earlier criteria from phase 10 updated following interviews, presentations and site visits. final coat (3.1612) will be an important factor during the second phase sel bast tionqualifproceseied vendor not the overriding factor. 'rhe CITY is seeking t abli to pcolsct on- time lmand/ors a rly CITY also negotiate o financial projected schedules complete this completion. I 3-2 f 3269) 1 z 1 SECTION < y I{ TECHNICAL GUIDELINES f 1 s t 3209 w 1 M1 1 \ 1.0 TICIMICAL G9IDILIMIS 1.1 database overview The City of Unton maintenance of data h coated by acquired the vendors a d for ct.ati n will d tat beyond the an Ace Info System which conversion phases Other Syatema are utilized at the City of Denton that supply data to be utilized in the oIS databases and which will be maintained in parallel with the Ace Info Systems segments relative identities ths database and t o&ta will nsus integrated segments• aAce Info ssociates System fV*M census linass ce nod*@# and street names dote that all features presently shown on the Original Maps must be included in the digital file unless their exclusion is 111plicitly mentioned in this documents This specification is of utmost importa.1ces The 019 staff at the City of Denton have Pads an effort to correct attest names as contained in conjunction with the 911 Systems The result of this review has been that appropriate names are contained in the 911 Index Databaear and will be provided accordingly to the Vendor on media as well as respective tabular listings. 1.191 Genetal Content Tait Reading Angle Text shall be digitised in accordance with the proper reading angle (as when viewed from the bottom of the map sheets The text will switch the direction of the reading angle at 1000 and 2I000 as illustrated in the following example_ _ Mr+ n wr w wa no ax ~ air► /-1 32091 a I ~ JI 1 4.1.2 Accuracy and Acceptance Criteria 4.1.2.1 Digitizing accuracy cannot be expected to be greater than those associated with the input source map records from the City of Denton. Actual coordinate positions cannot be identified to locations on the source records except for Grid tic positions as provided by the City of Denton. All digital data delivered to the City must be in the Texas State Plane coordinate system, North Central zones Any circumstances requiring deviation from this requirement must be documented in writing and are subject to the prior written approval of the City, Pastures from the mapping manvacript will be interactively captured. The manuscripts will be related to the map sheets by selectinq a minimum of three (3) well spaced 'control points.' The tolerance for relative digitizing error is + or - O'S mm. (0,20) from the center line of linear features and + or - k 0.5 mm, (0.26) from a symbol origin for point data, as measured at the source document scale. 4,1,2.2 Text input - Text will be input along the aide of the features it names (hydrology or attests) or at sera degrees if it is to appear horizontal in the sheet (lot identities, mates and ff bounds Symbols, etcsls The text will also be placed in accordance with the 100' and 2606 text rotation rule (see section 4,1.1 reading angle illustration), Text will be positioned to avoid conflict with other map Ceatuces, but the positioning must not introduce ambiguities is to what the text is labeling. 4,1.2,3 Map Accuracy it is the responsibility of the proposer to suggest methods to generate cornet tics for the City base map source data and for the digital database to be created, it is further the responsibility of the proposer to outline each alternative method, the accuracy involved with each alternative and the coat associated with each alternatives While the coats for these alternatives are requested they will ts"in a part of the aggregate cost of the proposals The City reserves the right to choose the alternative for &$Signing corner tics, Horizontal controls Horizontal control points and raonusents shall be entered within the coordinate grid in which they lie to an accuracy of one-hundredth of an inch (414) or their true position as expressed by the plans cocrAinates for the control points. s. 4-2 3209] a. Y ~ 1 R Planlmettic Featucas~ Ninety percent 1901) of all planimetric ) features eatured mapll will bebee tdttdte Sato tvh thin one-fortLoth a(l/40)LOf ACCU ce map position (prior to coocdlnatu f an inch (.0250) of the sou r transformation). 1.1.1.4 Graphic Representation I Linear features must be continuous throughout thair length without bteaka or gaps. Polygon features such as land parcels ' must be precisely closed. 1 All linear features of a related feature group lee listed hat cross or lntetsect each other, will be precisely below) Joined Chtrot point, forming a Junction (Or node). For example, when a street connects to another street, the main branch will become two individual segments precisely joined with the incoming attest at the intersection. Features in a toad crosses arriver)iect will not have Jiufncferent lea9urwheca groups Features within the following related groups will be functionedo a. Roads and railroads b, Lot, parcelr subdivision boundaries, and abstract boundaries boundaries c. jurisdictional d. Hydrology/contoura 4,1,2,5 computer Generated Proof Plots The plot will 001 rated using he Plotter usedtmustumeet point Pon$ on Vellum at least t . or exceed the following apecificatlonss Accuracy +/-0.14 sun. Of +/-O.OIOIb' Resolution +/-4.0115 mm@ or +/-0.001032' Repeatability +/-0.125 mm. or +/-0.02032' Accuracy is defined as the comparison onfet Plot eS utod diagonal the t distance of the map shoat distance. Resolution is the smallest distance between addressable plot coordinates. ability of the potter to repeat a plot RApeatability is the within the specified tolerances visual plots prior to tubber sheeting and transformation should be an 'exact' match with existing city Base Map sheets sent to vendor with allowance for $ome disc upancy for curved lines. s 4-3 3209) 1 1 a ~ E The City of Denton will provide attribute editing tables where appropriate, for verification of data content le.g. valid street names, valid subdivision numbers, municipal names and codes, lake and other hydrology named. 4.1.2@6 The proposer will be required to provide digital files for each Base map tile. r In addition to establishing a tile structure maintaining the existing 182 tiles the proposer will be required tot r o Tile the entire County of Denton by continuing the same grid III scheme, o create coverages for each the using U6G8* o Produce a digital database for created tiles that match . existing the format. o All tiles will be edge matched and most the accuracy standards stated in this RIP. 4.1.2.7 The proposer will be required to provide random proof plots as chosen by the City for checking quality and accuracy. 4.2 Data Preparation 18Crubl i During this stage efforts by a team from the following departments will coordinate data verification proceduresi City Engineering staff 018 staff Public Utilities City Planning and toning Other users as required 7 r s 4-4 32041 I ' I I I 9 r A data verification function will be performed first. In this step, the PROPOSER shall review MAP records tog identification of areas which are unclear, erroneous or where data is missing. It is expected that as the scrub process proceeds, other conditions will be identified and included in the scrub list. Among elements currently identified which are to be specifically checked are Correction of Erroneous Data 1 Incorrect lot footage dimensions incorrect hydrology names incorrect Municipal boundaries Street name duplications Street name discrepancies Consistency of parcel dimensioning relative to submerged parcels Addition of Missing Data Corner Tics for City Base Maps Dimensions (City Engineering Maps or reseagehl Grid Tics Hydrology Names ownership information (15-digit parcel number) Lot or parcel dimensions Lot or parcel identifiers Municipal boundaries Linework for Lots, Peecelso Subdivisions, Municipalities Riqht-Of-Nay Dimensions from City Engineering or other Source records Submerged Lot Lines Submerged Parcel Lines Easements Deletion of Superfluous Data Erroneous parcel boundaries Names of abandoned struts I Data Items Which May Be Scrubbed - Determination To Be Made Address Range Tut { footage disensions with Special Conditions Addition of City Engineering map windowsL Identification of ownership conflicts 4J Work Unit Control proposer shall designated a contact person who will be responsible management of the contract and contact with City, r 4-5 7109 J ~ I 1 . 1 proposer shall produce and deliver to the City weekly status reports indicating the production status of all work units in their possession. Database conversion will be performed on a contracted 'conversion work unit' bas U. A work unit is synonymous with one City Base Hap. Data acceptance by City will be indicated on an individual map sheet basis, and be communicated to City in writing. The Vendor is responsible for pick-up and delivery of data sources to I the City of Denton Site. 463614 Shipping And Receiving Original mylar records will be provided to the proposer for I / purposes of conversion. A strict control is necessary to 1 account for these source materials at all times. it is expected that transportation of map records will occur through the use of a courier to minimize the amount of time in transit. With shipment of records to the proposer, City will provide a listing of all map sheets constituting the shipment. Upon receipt of source records, the proposer is to verify that the exact listed records are contained in the shipments Discrepancies must be communicated to city immediately for mutual resolutions in returning original mylar records to City, the reverse of ` this procedure must apply. JI. 4-6 31091 w 1 1 SECTION S i J I PILE OVERVIEW - ' CONVERSION DATA DESCRIPTION AND REQUIREMENTS 1 E o- r s 3209 . t j 1 e.Lo OVERVIEW 1 ~umm~ N4 s 541.1 Maps to be Convected scale No. of Maps Description ~ `OW and Easement Maps - overlaid on 11 1' • 100' 182 9 1. iJl 2, a) 0[iho Photos - 1985 is ■ 50' 522 ~ b) Ortho Photos - 1985 1' 200' 122 36 Contour Maps 1974 - Contours for interior 1' • 200 75 of City based on 1974 flight 41 Translate contours 1985 - utilise data 1' ■ 200' 108 , ' from media to create edge match and data consistency ' varies 700+ 5, Plats varies 6250+/- 6, As-Built Dravings 1 1'•400' 47 7, Drainage Maps 5.2 City Base MAPS/Basement Map! 5.2.1 Nap Details 182 24' x 30' mylar maps at 1' • 100' , 5,2,2 Content and reatuces to be Captured survey Boundary Lines survey Boundary Names , Survey Boundary Numbers plat Boundary Lines Plat soundark Names Lot Lines Lot Names (iD) Lot Dimensions Tat ID's (Lot A Block) street Names - Public Street Names - Private Alley ROW's Easements - do by classification a S-1 32097 r l . F{~fv I 533 Orthophoto Maps aD• 5.341 Map Details central scale 14 • 50' - 522 maps outer scale 1' - 200' - 122 maps 5.362 Content and features to be Captured 1. Coordinates (4 per drawing) knovn as tic marks - Based on state Plane Coordinates 2. Building footprints 3. Road center lines 4. Drainage features - pipes, channels (concrete), inlets 5. Major water features - ponds, lakes, earthen channels, creeks 6. Vegetation canopy - trees, brush 7, water towers S. Railroads 9. sidewalks *10, Miscellaneous paved areas i17)$ outbuildings 37) 11. Power Poles *Item 10 is questionable and may be deleted. 5.4 ToMCaphiC Maps 564.1 Map Details k 1974 Aerial Photography ` scale 10 ■ 200' - 75 maps 1985 Aerial Photography Scale V ■ 200' - 109 maps This data map by available in digital form translation is vendor's responsibility. Intergraph Date Base. S6412 Content and futures to be Captured Contours - Contours - 10' fence lines/lot lines water feature Railroads Roads 5.493 Streams, rivers, creeks and all other water features are to be digitized in the direction of flow. 5.5 Plats 50501 Map detailso 700♦ maps, varying site and scale. 5-2 32091 , I 5.542 Content and features to be capturedl Lot lines Block lines Lot numbers Block numbers Lot dimensions j Easement lines Easement type and attributes Right-of-way Street names 5 6 As Built D[awin9s ~ , 51611 Map Detail 6250+/- maps predominately 21' x 360 in site and varying in scale. 5.6.2 Content and features to be convertedi street curb lines utility line Driveway locations Rights-of-way Drainage Natures Road centerlines S.7 Drainage Maps 5.711 Map Detail 67 maps 1' ■ 600' 5.7.2 Contents and features to be captureds major drainage areas Basins eubbasins txisting drainage network proposed drainage network 5.6 U849 FARM 548.1 Map Detail 30 74S' USGS Quadrangle naps at V 2,000' covering all of Denton County# Texas 54842 Contents and features to be captured Roads and Waste Contours - 10' streams, cresks, and water bodies s S•3 , 3209] , • I r ~ Railroads Points-of-interest (44g,, churches, cemeteries, schools, etc,) Toms and cities [toad and street names Contours elevation numbers Stream, creeks, and water body names Railroad names point of interest names Town and city names 5,8.3 USGS Quadrangle maps needed are Addison, Argyle, Aubrey, Avondale, eluett, Carrollton, Celina, Colleyville, Denton East, Denton West, Era, Era Se, Frisco, Grapevine, Greenwood, Green Valley, Hebron, Justin, Keller, Lewisville East, Lewisville West, Little Elm, Marilee, Mountain Springs, Pilot Point, Ponder, Rhome, Sanger, Slidell, Valley View, S.8.4 These source maps are to be provided by the proposer who will obtain the highest quality digital data from USGS sources. 5,9.$ These USGS Quads are to be included in the database using identical symbology of the source materials provided, The purpose of these materials is to provide geographic features that cover all of Denton County, Texas, It is the proposers responsibility to maintain topology on all USGS Quads identical to the database. ~ i 5.9 Pilot Project S.9.1 The City proposes to complete a pilot project utilising an area small enough to complete quickly in order to evaluate the end product quality. S.9.2 Details of Pilot Project 5,9,241 Four tiles of the City Base Maps (i26, 27, 51 and 521 covering 4774 acres (475 square mile) will comprise the pilot area, 5.9,2.2 Completion time is six weeks (30 working days) from the date contracted work begins, See Section 1613, 549,203 Acceptance of the pilot project is dependant on the final product accuracy and integrity, If the final product is not completed in the time established in Section 5.6.2,2 or if the products do not adhere to the specifications set forth in this R!P it is the proposer'@ responsibility to revise the database/conversion data to eliminate all errors. 5.10 Required Format 5,10.1 The database, data conversion and all related digital data produced or developed by the proposer will be produced and developed with ACCInfo on a 1001 IOM compatible systems the a S-1 3209) 5 database, data conversion, all related digital data will be useable on ALCInfo version /.012, 5.00 and greater. 511002 The database, data conversion and all related digital data produced or developed by the proposer Will conform to the Database Design provided in this document as Appendix A. 5.11 aeguired Proposal Cost Breakdown The proposer is required to provide separate conversion costs for each subsection of section 5.01 beginning with section 5.2 through 5.8. s -.he City reserves the right to exclude any subsection and therefore deduct the respective price from the aggregate price of thr proposal. } 1 9 i f I I 5-5 3209] I • I 4 i s e y i SECTION 6 REQUIRED FORMS TO BE COMPLETED BY PROPOSER 9 i f 1 ~ II` I f t f i 3 I f I209j . 7 _ .i 4 EXHIBIT 6,1 RFP RESPONSE FORA (complete only once) The below hereby declares this document as a binding RFP response proposal, y Company Name: (typed) By, (original signature) Bye Title: Sworn to before me and subscribed in my presence this day of 19 (Notarial seal) I J ' t Notary Public 7269, a yI I y EXHIBIT 6.2 NON-COLLUSION AFFIDAVIT The undersigned being first duly sworn as provided by law, deposes and says: , r 1. His/her name is and he/she resides at 2. He/she makes this affidavit with the knowledge and intent that it is to be j filed with the City and that it will be relied upon by said City, in any consideration which may give to and any action which it may take with respect to this proposal. 3. He/sbe makes and is authorized to make this affidavit on behalf of, 4 (Name of Corporation, Partnership, Individua r etc. fi a It formed under the laws of (State) on which he/she is (Sole er, artner# Pres •nt, etc. a. Neither the undersigned not any other person, firm or corporation named in above Paragraph 30 not anyone also to the knowledge of the undersigned, have themselves solicited or employed anyone else to solicit favorable action for this proposal by the City, also that no head of any department or employee therein, or any officer of the City is directly interested tbarains S. This proposal is genuine and not collusive or a sham, the person, firm or corporation named above in Paragraph 3 has not colluded, conspired, connived or agreed directly or indirectly with any bidder or person, firm, or corporation, to put in a sham proposal, or that such other person, firm, or corporation, shall refrain from bidding, and has not in any a 3209! I ti, qw~ • 11 M 1 JI Exhibit 6.1 Non-Collusion Affidavit page 3 r, directly or indirectly, sought by agreement or collusion, or manne " rsonr firm any ps communication or conference with p opo als of /any other rbidder, t or fix the unit prices of said proposal sacure any advantage against the City or any person, firm or corporation interested in the proposed contracts all statements contained in he proposal or proposals described above are truer and further, neither the 1 undersigned, nor the person, firm or corporation named above in Paragraph 3, has directly or indirectly submitted said proposal or the contents thereof, or divulged information or data relative thereto, to any association or to any member or agent thareof, {APlIANT) i. { day ' Sworn to before me and subscribed in my presence this of , 14 s ' i (Notorial seal) Notary Public k r i PROJECT NAMES a , i SOLICITATION NUNDIM j 32091 y4 r.: 54 1 f I EXHIBIT 6.3 REQUIRED DISCLOSURE i The following disclosure is of all material facts pertaining to any felony conviction or any pending felony charges in the last three (3) years in this State or any other State of the United States against (1) bidder, (2) any ! businees entity related to or affiliated with bidder, or (3) any present or li former executive employee, officer, directoro stockholder, partner, or owner of bidder or of any such related or affiliated entity. This disclosure shall not apply to any person or entity which is only a stockholder, which person or entity owns twenty (20) percent or less of the outstanding shares of a bidder whose stock is publicly owned and tradedi i BIDDIA a 3209 lip , 1 f 1 EXHIBIT 6.4 EXPERIENCES AND REFERENCES PORK + (complete as many times as needed) , Name of Protect I STATE/PROVINCE . Name of Contact/ Client Project Manager , i TelePbOne Number Type of mapping . Source Material Number of Map Sheets i Area of Protect i r contract Amount 'i contract Duration Successfully Completed? ` Comments I - - - - - - - - - - - - - - - - - I )1095 i I a 1 M EXHIBIT 6,5 Facility Location PRODUCTION AND TECHNICAL STAFF I (complete for each production facility) Total Dedicated to Number City Of Staff Project Junior Digitizers/encoding Staff Lead Digitiaers/encoding Staff i Production supervisory staff i 1 i Clerical/Secretarial i. ! Computer Programmers f system Analysts C Project PAnag$M*nt Other Overhead Corporate (accounting personnel, etc.) (please describe) i Other Staff (please describe) j, 31091 r Yi " 1 i V ,lJ Y I 1 I 1 F EXHIBIT 6,6 Facility Location PRODUCTION EQUIPMENT AND FACILITIES (complete for each production facility) I ~ Total t Dedicated or 1 Number Used for City of Devices Project Workstations With Digitisers (describe type) Departmental or Larger Processors (describe type and capacity) Plotters (describe type) j Scanners or Other Input Devices (describe type) 1 Printers (describe type) i Software Availability (describe type) Test Tersinals (describe type) Other Production equipment Available (describe type and how equipment would be used) I 1 Please attach other comaents and details as needed. E q 3209] 4 r t s k2 p i 1 M y11 1 EXHIBIT 6.l (complete as many times as needed) TERMS AND CONDITIONS EXCEPTION FORMS (must be completed or state no exceptions to terms and conditions) r section/Sub-Section Exception to condition Comments i i I 'IF I r E )2091 i E , EXHIBIT 6.0 AGGREGATE PRICING (complete only once) i , d 1 ~ ~II 1 ~ i t< I TOTAL PRICE j, i I 3709 ~ t h Yi •4 lV 1 1 i I EXHIBIT 6.9 DETAIL PRICING (MANDATORY) 1 i I i I 'y i TOTAL PRICE i i 3209) I 9 d 1 I "PINDIX B FRATORR DATASASR SYMBOLS • •I i 1 i i 3:osi r - - 7 7-."S 1~, - - - - 1 ENGINEERING 6 TRANSPORTATION Line Symbols rtNf FEATURE 1 'S0 I " " I ROW LINE 0 35 ' LOT LINE I 3 I .80 SUBO LINE 4 1'20 ABST LINE 00 I I .30 j----_- ---i EASMT LINE 2 f 060 ...~~-i STREAMS 3 I I .80 f E.T.J. LINE 00 I .30 I 1 RAILROADS 00 .30 CENTER LINE { 00 ! .30 2' CONTOURS t 1 '50 10' CONTOURS f 0 '35 TRAFFIC SURVEY ZONES { 0 i .35 ~--X X I FENCES f I f 0 I 135 STORM DRAIN LINE I I I i 1 i II I 330IJ I J i ,n• 3 r I 1 ENGINEERING 6 TRANSPORTATION \111 Point Symbols 1 UP L iTT71~ Jll'1DVY ,10"~ O I TRAFFIC SIGNS .25" x .l0" I O i STORM INLET I ` ,25" WIDTH GRATE INLET i ,25" WIDTH HEADWALL ,25" WIDTH I ` CULVERT 4 ` IRON PIN .25" 1 r 1 I I I + ~ I 1 ~ r I I I I 3307) 1 I i _J . J r \ • 1 1 1I 1 i{ R I PLAMIIIMB i ZONING use ar►oh J I J 0 I .36 N~NNN~saw~r►~wi VOTING DIST. 0 I .36 I cusus 49tACt 0 136 6CN006 01". , Z 60 ZONING DISC. i 1 I 1 E Im" t►e~ M pus"" &M sift total moots. ssG~s I . , ell 9> F 1 ELECTRIC UTILITIES Line Symbols 2 .60 4--• OVERHEAD PRIMARY W/SLASHES I i FOR PHASE u I .35 I- OVERHEAD SECONDARY W/SLASHES + i FOR WIRETYPE 00 I .30 STREET LIGHT CIRCUIT 3 I .80 L............ UNDERGROUND PRIMARY W/ I I SLASHES FOR PHASE 1 I 5U I-- - UNDERGROUND SECONDARY W/ I I i SLASHES FOR WIRETYPE 4 ! 1.20 .r .....r..r....~~.~...~ 69 KV 3 .80 OTHER TRANSMISSION i 1 I ~ I ~ I i f I I L 3301,E M 1 mJCmC amtvtn POW $Fowls ti HUM 23" e j STATION TRANSFOXU (STA) .2e" Q CONYaNlIONAL Tomforms (CON) .25" A colraffrom no PROt cm (CSP) , .35" [Al I PAD ma m IRANafomm (PIQ) .30" YIDl AIR SVIICR - CLOaMD . so" Me + r AIR IM M - OPU .9s" I G (I PA8 IgaN! MICR - CLOaRD • 115" © i PAD INIM M?CN - OPaM .50" YIDl r-40-1 FM , 0a! A ANCHOR .504 YIDa l V i MANRO(.1 .SSE viol FRAMI a» ao. ~ reas:At, D lo" DIA. O aun. Yon roll ° r .TS" LOW .-.(i• LZOMlRiMa ARIMOR .10" DIA. i 0 alRfR!MOaRM LIOIPI «?(L. .lo» orA.- fao tsuM UaRt oR RRSAL OR m. role .20 Y .35" DUO oAPAOrsoR LAIR a .PS" :ALL + PAOLI IRlICAM SIM ~ 1M I 1 f✓ YA'!M/YAS2SYA'!M 0lILMIM Lto~ Srilol~ Paw m S 1.~0 SAMI SSYM LIU 1 ,t.20 ~/Mm ,so~:FORCS wain S 1.40 YATM LABS 11 1 i • 70 - ~ a. - YA?M SMYICS LIU 1 i i ~ J rr + i i s 1 i i SIM r, w- j 1 p. p.• WAIER/WpoiASTEWntASymbolIER 7i O ~ WATER ME1ER .1u" I f l WATER LINE PLUG 4 --4 FIRE MYDRANT lu" UTA. l I I l . ELEVATED WATER STORAGE 30" D1A. SURFACE WATER STORAGE .30" x .20" I f !i 1 ~ t I f WATER VALVE I I WI SEWER MAWULE .15" DIA. 4 I ® SAKI SEWER LIFT STATION o I .v5" D1A4 SAN! SEWER CLEMWT 1 i loll ` W1 SEWER LINE PLUG III i SAKI SEWER FLOW ARROWS .15" x .15" { I I I 3301 1 W 3 3 1 'I EXHIBIT "B" I SCHEDULE OF WORK r I I 1 } I M t F 1 A I I PAGE 10 y r'^` I I I Exhibit "B" EXHIBIT 6.10 AGGREGATE SCHEDULE i Initialization PEI Control ! Aerial Photography PlanImetric A Topographic I I j I ~ Topraphla j I I I Pilot Project I I I I I Pilot Review 1 1 1 I l h I I I I I I Key Map I I I I I I IT'1Tr'~T~~ ~ i Contour Translation 1 1 1 1 1 1 1 ! I I I 1 1 1 1 1 1 Weelu to precede 1 3 b 8 101415 20 25 30 35 40 45 50 66 80 65 70 I r IM 1 • I W J 1 1 EXHIBIT "C" PHOTOGRAMMETRIC FEATURES 1 r < i 1 4 r 1 k , r PAGE 11 1 b i Exhibit "C" 1 PHOTOGRAMMETRIC FEATURES CHART A S' ACCURACY 1 I LANDBASE j CONTROL POINTS STREET CENTERLINES STREETS MISCELLANEOUS PLAN ' POINTS-OF-INTEREST HYDROLOGY ELECTRIC SUBSTATIONS TRANSMISSION TOWERS WATER i STORAGE TANKS DRAINAGE OPEN CHARNEL PLANNING BUILDINGS 1 i i i i i r I i I 1 a 1 1 EXHIBIT "D" "GEONEX MARTEL JELIVERASLES" . t 'i t I ~ E i i n, i PAGE 12 r r J 1 p. q„ I /tt C 1 Exhibit "D", Page 1 1 GEO-MATION DELIVERABLES I I Preliminary and Revised Procedures Manual 4 BI-weekly Status Report One Set of Contact Prints l One Repreducible Photo Index I i One Control Diagram Showing New GPS Control Stations I Report Documenting Aerotriangulation Procedures and Results 1 t 1" = 200' Scale Plots Showing Newly Compiled Topographic Features y 1" = 200' Scale Plots Showing Newly Compiled Planimetric Features Log Book of Adjustments and Comments Regarding Engineering Key Maps Series I ri ~ w . t a 1 1 Exhibit "D", Page 2 i GEO-MAT'ION DELIVERABLES Plots of Engineering Key Maps on New Planimetry Plots of Translated Contour Data on New Planimetry Where Applicable Digital ARC/INFO Files of All Data Conforming To Miner & Miner Database All Quality Assurance Documentation 1 I I i i I i i k J 1 1 • I DATE:FEBRUARY 19, 1991 1 CITY COUNCIL REPORT TOs Mayor and Members of the City Council FROM. Lloyd Y. Harrell, City Manager j SUBJECT: RFP 01160 - GIs CONVERSION SERVICES CONTRACT RE.Q21!MFAfiPATlpg: Consider approval of a contract with Geonex Martel for conversion services for establishing baste planimetric framework of a GIs data base in tho amount of $249,621.00. 51HNABY: The GIs program now has hardware and operating personnel in place. Data base consisting of basic planimetric features needs to be created from aerial photography and existing City maps to allow the program to have immediate and expanding im,paot. This vendor will provide 1990 data. GIS Taskforce received RFP's on November 20, 1990. A short list of 3 vendors was selected. Presentations by the short list were given on January 9th and 10th. Negotiations and discussions continued until January 26 when Geonex was selected 1 based on their quality of work, accuracy of the program, and r proven performance record. ' gA~EQflQQ~{~s Memorandum from Jerry Clark date 1-19-911 List nr { l Respondents. Efl44flA~3fl~_L2EPAflTliEtiT_4fl_9fl4yE8__AEFE42E2: All City Deparl mr ii-q, i Citizens of the City of Denton, Utility Companies and City contracts. EIfl4AL_-IMEAUt Funds will come from GIs certificates of obligation in the General Fund and Utility Funds alloebted GIs. r. it Respectfully submitted: Y. Harrell 4L,oyd City Manager Approved by r----- ~-a-m-os E Namo: Tom D. Shaw, C.P.M. Title: Purchasirg Agent TS/jh 119.DOC 1 ry J a 1 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: CIS Conversion Services Contract RECOMMENDATION: 11 Consider approval of a contract with Geonex Martel for conversion services for establishing basic planimetric framework of a CIS data base SUMMARY: The CIS program now has hardware and I operating personnel in ~ place. Data base consisting of basic planimetric features needs to be created from aerial photography and existing City maps to allow the program to have immediate and expanding impact. This vendor will provide 1990 data. BACKGROUND: GIS Taskforce received RFP's on November 20, 1990. A short , list of 3 vendors was selected. Presentations by the short list were given on January 9th and 10th. Negotiations and discussions continued until January 26 when Geonex was selected based on their quality of work, accuracy of the program, and proven performance record, PROGRAMS, DEPARTMENTS, OR GROUPS AFFECTED: - All City Departments Citizens Companies with City contracts FISCAL IMPACT: $249,621.00 - Funds will come from CIS c-rtificates of obligation in the General Fund and Utility Funds allocated to GIS 0773E/37 \ \\1 1 1 ~ I CITY of aFNTON, XAS MUNICIPAL BUILDING / DENTON, TEXAS 76291 / TELEPHDN£ (811) 566.8 MEMORANDUM DATE: January 29, 1991 r 1 ~I Lloyd Harrell, city manager T0. a Transportation Director of Engineering FROM: Jerry Clark, SUBJECT: GIs Conversion Contract ram Includes a sum for conversion ser,acee The budget for the original GIS Prou are aware, the hardware is now in p Ing has been completed for a large to create a basic data base. As y all personnel have been h e do an ca taad ntechnicians* cross section of applicable recommended Our GIS task force has been involved in the selection of 1940the final nal A short lis! The REP was received November 20, st vendor for 3 months. December 20, 1990, Half day presentations was agreed upon for 3 vendors by were given by the vendors on January 9th and 10th of 1991. Since then, we task force agreed upon Our have been involved in negotiations with vendors. , Ceonex Mattel on January 241 an Geonex was selected for many reasons. Quality of the final product, innovative approach, and a proven performance record summarize the facts behin3 our reasoning. tabbed our attention n with our Geonex presented a solution tOGeonexEPiaha a really grabbed that its innovative approach. photogrammetric services approach; mapping. Their Proposal details a method that uses new 1941 aecial photographs to create stereoscopic images that our digital data can be taken [tom. This is an excellent approach in that the data is accurate with tolerances of 3' to 5' from actual. The other vendors proposed hand digitizing 'copying' techniques that are only as accurate As the maps we have. However, digitizing also adds another layer of errors to the the second data. A comparison of the two methods Puts the Geoner accuracy 00tr zed aerial proVt~ ceeagoing the fourth older from the steroscople acy ima`e an from the Other order. Fourth order occur mylat map sheets to the final digiti end photos to orthophotographs to product. The Geonex method is clean and accurate- Geonex. Our axiating maps to A major benefit results from the new flyover by all were flown and photographically captured at time periods ranging from as 1974 Chart 1985. Geonex will provide 1991 digital date in our in Beta base for ~ lnciuded in the backup planimetric features. Examples of those are se mi development Denton, review A. Contours will be 1991 versus 197; for the active udl Up to date data stimulates a polot of programs ssibly creation Ofethe Drainage Utility, and IDRCI, utility service, E91 I . I 1 r~ l I S I 1 1 11 1 r Lloyd Harrell/GiS Conversion Contract page 2 i Geonex has an excellent record for completing projects correctly and on time. The major reason is that they are the largest private sector mapping and geographic information service firm in the United States. Previous projects like Dentons include the City of Birmingham, Alabama, Consolidated Edison of r New York, Nashville and Davidson County Tennessee, South East Texas Regional Planning Commission E911, and Chesterfield County Virginia. Finally, two critical items. Geonex will provide some true monumentation (horizontal and vertical control points) to keep accuracy in both new and future mapping, regardless who completes the work. Since the City plans to do ,,,at of the data base expansion using Global Positioning Satellite Control, these points are critical. The last issue is that the proposal meets budget requirements in that the $249,621 is less than the 250,000 total budget amount. This vendor provides almost all the basic services as the other two and adds a real value added approach to the solution. I is c C1 k 0941E r I I 1 a 1 I 1 RESPONDENTS J RFP 1 1160 l RFP NAME: GIS DATA CONVERSION OPEN DATE: 11-20-90 GEOGRAPHIC GENERAL INC. Q C DATA 3350 AMERICAN TERRACE 0370 777 GRANT ST. 1111 BOISE, IDAHO 83706 DENVER, CO 80203 ESNI-ENVIRONMENTAL SYSTEMS LANDATA, INC. I RESEARCH INSTITUTE 2800 N. LOOP WEST 380 NEW YORK ST. HOUSTON, TEXAS 77092 REDLANDS, CA 92373 OEONEX CORP. 7100 30TH AVE. N. ST. PETERSBURG, FL 33710 t ' a i t i s p d r, I ~ --T - - 11 1 1 i electo ' / C/(Ifs ORDINANCE NO. AN ORDINANCE ORDERING AN ELECTION TO BE HELD IN THE CITY OF DENTON, TEXAS, ON MAY 4, 1991s AND, IF A RUNOFF ELECTION IS REQUIRED, ON MAY 18, 1991, FOR THE PURPOSE OF ELECTING COUNCILMEMBERS TO PLACES It 2, 31 AND 4 OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXASI ORDERING THAT THE PUNCH CARD ELECTRONIC VOTING SYSTEM BE USED; DES- IGNATING VOTING PLACES AND APPOINTING ELECTION OFFICIALS; PROVIDING FOR NOTICE OF THE ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTCN HEREBY ORDAINS: SECTION I. That a municipal election is ordered to be held in the City of Denton, Texas, on Saturday, May 4, 1991, for the pur- pose of electing Councilmembers for Places 1, 2, 3 and 4. In the event a runoff is required, the runoff election shall be held on Saturday, May 18, 1991. SECTION II. That the polling places, which shall be open from 7:00 a.m. to 7:00 p.m, shall be as follows: 1. Voters residing in District No. 1 shall vote at: i MARTIN LUTHER KING, JR. RECREATION CENTER 1300 WILSON STREET DENTON, TEXAS 2. Voters residing in District No. 2 shall vote at: FIRE STATION NO. 4 2110 SHERMAN DRIVE DENTON, TEXAS 3. Voters residing in District No. 3 shall vote at: NORTH LAKES RECREATION CENTER 2001 WEST WINDSOR DRIVE DENTON, TEXAS . 4. Voters residing in District No. 4 shall vote at: DENIA PARK RECREATION CENTER 1001 PARVIN DENTON, TEXAS SECTION III. That the election officials for the election and the runoff, if any, shall be as follows: I i IS t 1. For the Central Counting Station: R. B. Escue, Presiding Judge; Doris Chipman, Alternate Judge; Randie Smith, Man- ager; and Carol Pelzel, Tabulation Supervisor. 2. For District No. 1: Catherine Bell, Presiding Judge and Betty Kimble, Alternate Judge. 3. For District No. 2: Doris Chipman, Presiding Judge and Mary Mecay, Alternate Judge. i 4. For District No. 3: David Arno, Presiding Judge and Dorothy Alderdice, Alternate Judge. 5. For District No. 4: Nancy Duggan, Presiding Judge and Charlotte Wixom, Alternate Judge. 6. Jennifer Walters, City Secretary, shall conduct absentee voting under the Texas Election Code. i 7. R. B. Escue shall be Presiding Judge for the Absentee { Ballot Board. The presiding judge of the Central Counting Station and of each I district are authorized to appoint a sufficient number of clerks as 1 necessary to assist them in the election, including bilingual as- sistants as required by law. The rate of pay for election judges and clerks shall be the maximum amount provided for by State law. SECTION IV. That absentee voting shall be conducted for the election, and the runoff election if necessary, by the Office of the City Secretary in the Municipal Building at 215 East McKinney Street in the City of Denton, Texas. The polls for absentee voting in person shall be open between the hours of 8:00 A.M. and 5:00 P.M. Monday through Friday, commencing on April 15, 1991, and ending on April 30, 1991. In addition, absentee voting shall b3 held on Saturday, April 20, 1991, between the hours of 9:00 a.m. and 4:00 p.m., at the same location as weekday absentee voting. SECTION V. That the Mayor is hereby directed to provide notice of the election, and the runoff election if necessary, in accor- dance with Sections 4.002 and 4.003 of Texas Election Code, the notice to be printed in the Spanish language and the English language. I SECTION VI. That City Secretary is authorized to prepare the Mr official ballot for the election and perform every act required by the Charter and laws of the State of Texas for holding elections. SECTION VII. That an electronic voting system, meeting the requirements of Chapter 124 of the Texas Election Code shall be used for said election. PAGE 2 4w -T 7 . 1 n I i SECTION VIII That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1991. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY a BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY I BY. i i I r i 1 PAGE 3 a Denton Police Department 221 N. ELM DENTON, TEXAS 76201 TO: Jennifer Walters, City Secretary FROM: Sergeant Clovis George, Police Department DATE: January 30, 1991 i SUBJECT: Item foi :onsideration by City Council J Please find attached a copy of a requested ammendment to Chapter 27 of the "City Code", as drafted by Asst. City Attorney, Joe Morris. wreBasicalckerly the the erotation list require stored a at vehicles a licensed wstor-ige facility located within the city of Denton. Could ' You assure that this request ha placed on i agenda for their consideration, when convenient, the City Council If you need additional information, please let me know. I i , lam/ + Clovia George, Sergeant Memo4 91-12 'Y f i i { i i (817) 568-8181 METR0434.2520 . T -V a,. WrQko ORDINANCE N0. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ENDING CER 27 ' ("WRECKERS") OF THE CODE OF ORDINANCES TO REQUIRE VEHICLES TOWED UNDER THE ROTATION LIST BE STORED IN A LICENSED VEHICLE STORAGE FACILITY LOCATED WITHIN THE CITY OF DENTON; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $500.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. SECT_ Q „ That section 27-21 of Chapter 27 of the Code of Ordinances is amended to read as follows: Sea. 27-21. Definitions. "Day towing" means towing services between the hours of 7:00 a.m and 6:00 p.m on Monday, Tuesday, Wednesday, i Thursday, and Friday which are not official state or federal holidays. . "Hook-up" means the application and first connection of a 1 chain hook from the tow service truck to the towed motor vehicle. "Licensed vehicle storage facility" means a facility licensed by the State of Texas for the storage of vehicles under the Vehicle storage Facility Act, as amended (TEX. REV. CIV. STAT. ANN. article 6687-9a). "Night, weekend and holiday towing" means towing service at any time other than "day towing". "Tow service" means a person engaged in the business of a wrecker or towing service, whereby motor vehicles are towed or otherwise removed at the direction of officers of the vehcitycpeoldice for thaty the use of a wrecker or motor purpose, i That section 27-24 of Chapter 27 of the Code of Ordinances is amended by adding a new subparagraph (e) to read as follows: Soo. 27-24 Same--Application. (e) Proof that the applicant operates, or has available by contract, a licensed vehicle storage facility located within the City of Denton which is available for the storage of vehicles towed by the applicant. I ~ I i 1 i ~fCTIO IIi. That section 27-26 of Chapter 27 of the Code of Ordinances is amended by adding a new subparagraph (e) to read as follows: Sec. 27-26. Sams--investigation by chief of police. (e) That the applicant operates, or has available by contract, a licensed vehicle storage facility located within the City of Denton available for the storage of vehicles towed by the applicant. &E TIOB IV. That section 27-31 of Chapter 27 of the Code of Ordinances is amended by adding a new subparagraph (f) to read as follows: Sec. 27-31. Duties and responsibilities of services. (f) The tow service shall transport the vehicle to and store the vehicle in a licensed storage facility located within the city of Denton. SECTION V. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding I and s distinct h offense~ance is violated J shall $500.00. Eacli constitute day a separateprovision SECTION Vi. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of r 1991. BOB CASTLEBERRY, MAYOR ATTESTS JENNIFER WALTERS, CITY SECRETARY i BY: I APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCN, CITY ATTORNEY .w BY: PAGE 2 I i 1 ► 1 I C . CITY COUNCIL RE DATE: 02119/91 PORT PORMAT OP Mayor and Members FROM. of the City Council Lloyd v, Rarrell, City Manager SUBJECT: Adoption of Commis an ordinance oion establishing the Denton Beatitificatton RECOMM- END AT The Beauttficatfpn ordinance establishing recommends eleven (11) membe shinq an advisory beautifiche ~ Of an SU_MMAityr ra aPPointed by the City Councl1tiondp~ommission of E I ~ The City Council Council a discussed the Council ppointed Beauti prOPosa1 work session, fleation Commis to establ!ah { with the The Counci Sion an ongoing Commission preparation Of l instructed the December Ilr I99 consider an ordinance but the staff to p seven (7), nine reducing the size requested Proceed 199I meetln the (9) or eleven (11) membfrom ers twenty (~0) that the eleven (11) member Commission e members to board, recommended the their January 21 According to estabItchment the Of an members "11 cont iproposed ordinance, the reduced to elevennue to serve until current board (11), through attrition tfour he teen (11) to the Cit The Commission number is litter PreventionY council On will serve issues, recycling, matters related t businesses as an advisory The zatton ' clean-ups o , and beautification , , co °r9anirppratfona, will work to solicit other vironm projects and programs. grants funds from ental the Enfor' etc, in order citlsene , and Bea The Commission will to fund landsca BACKGR`rr utificatton Division budget ke recommendations on , 3 The i Cou Beautlfi ncil aPPointed catlon on a Blue Ribbon member grow January 6, 1987, Ctti2enls make P was to identif The char Task Force for recommendations on w Y entrancewa 9e to the twenty (20) enforcement improve th the entrances efforts and on to the 1a°d recomsca 1n4t mendati and Plan sign and zoning reguletfons City, The 9 requtremente, , code Councilsk Force Presented Its Task On October 20 recommendations for POfce was to establish One of action to city the city touncli an pn_ the recommendation made b BettY Shaw, Jim requested that Joing Bonnie Ta Rend , Mike Cochre n Morrlsoe~~ MebajBY 30 ]988,e Ylor continue to serve. n, Sam Marino Devereaux, John Cooperr and I iI f I DATE:02/19/91 I~ CITY COUNCIL REPORT FORMAT TO. Mayor and Members of the City Council 'f FROMS Lloyd V. Harrell, City Manager SUBJECT: Adoption of an ordinance establishing the Denton Beautification Commission RECOMMENDATIONS The Beautification Commission recommends the adoption of an ordinance establishing an advisory beautification commission of eleven (11) members appointed by the city council. I SUMMARY: The City Council discussed the proposal to establish an ongoing Council appointed Beautification Commission at the December 11, 1990 Council work session, The Council instructed the staff to proceed with the preparation of an ordinance but requested that the Commission consider reducing the size from twenty (20) members to seven (7), nine (9) or eleven (11) members. At their January 21, 1 1991 meeting, the Commission recommended the establishment of an eleven (11) member board. According to the proposed ordinance, the current fourteen (10 members will continue to serve until through attrition the number is reduced to eleven (11). The commission will serve as an advisory board to the City Council on matters related to beautification, litter prevention, recycling, clean-ups, and other environmental issues. The organization will work to solicit funds from citizens, businesses, corporations, grants, etc. in order to fund landscape projects and programs. The Commission will make recommendations on the Enforcement and Beautification Division budget. y BACKGROUNDS L i The City council appointed a Blue Ribbon Citizen's Task Force for Beautification on January 6, 1987. The charge to the twenty (20) member group was to identify entranceways, to review efforts and make recommendations on ways to improve the entrances to the City, 1 and to make recommendations on sign and zoning regulations, code enforcement, landscaping, and planting requirements. i The Task Force presented its recommendations for action4o City council on October 200 19876 One of the recommendation m by the v Task Force was to establish an on-going committee. On May 3, 1988, the City Council requested that Jeans Morrison, Mabel Devereaux, Betty Shaw, Jim Render, Mike Cochran, Sam Marino, John Cooper, and Bonnie Taylor continue to serve. i 4 I i~ -1 J / \ II , I fI I CC Format: Beautification j IC Page 2 On March 21, 1959 the Beautification Task Force requested that y Council approve an application for Denton to become a certified city 11 in Keep America Beautiful and permit the reorganization of the group to meet KAB requirements. Denton was certified by KAB in May 1990. The first meeting of the new group was on June 5, 1959. 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). The Commission held a planning session in September 1990 coordinated by Robert Chase, Executive Director of Clean Houston, Inc. At October 1990 meeting the commission agreed to request the establishment of a standing commission appointed by Council. The fourteen (14) members have expressed interest in continuing to serve on the Commission, The organization is currently planning for Keep America Beautiful month (April) and the Spring Clean event (April 27, 1991). This year the clean-up will be sponsored in part by First Branda, Inc, makers of GLAD k%ge and wrap. The clean-up event in October 1990 included over 750 volunteers and forty corporate and business sponsors and resulted in a return of 156 for each $1 spent by the r city. Over 1,000 Christmas trees were recycled in the Treecycle program with a return of $3.13 for each J1 spent by the city. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: j Enforcement and Beautification Division, members of the + Beautification Commission, Clean Denton Society, citizens of Denton FISCAL IMPAM 1 The teautification program is funded at this time by the drop-off recycling program and contributions. R c lly sub i ted: ' Preparedby/~s Lloy V. Harrell ~t CiLY ~(~~t n H City Manager Cecile Carson Administrative Analyst #sa a to the ger 0040W I I ~ I 1 I BEAUTIFICATION COMMISSION MEMBERS MIRE COCHRAN +i JOHN COOPER MABEL DEVEREAUX $ + I 1 JEANS MORRISON JIM RENDER S BETTE SHAW h J.B. SMALLWOOD Y i FRED PATTERSON JOHN ENLOW' ~ p I JUDD JONES I CAROLYN COWARD MELVIN WILLIS i BRENDA FOSMIRE ~ GERTRUDE GIBSON f r ~ i i 4 p i i r + ~ I I i ~a a i 1 r' j beiua C 7 ORDINANCE NO. i AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON BY ADDING ARTICLE VII; ESTABLISHING AND CREATING THE BEAUTIFICATION ADVISORY COMMISSION; PROVIDING FOR THE ADOPTION OF POWERS AND DUTIES OF THE COMMISSION; PROVIDING FOR A REPEALING CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION I. That Chapter 2 of the Code of Ordinances of the City of Denton is hereby amended by adding a new article thereto, which article shall be and read as follows: Article Vir. I Beautification Sec. 2-80. Beautification Advisory Commission. That the Council hereby establishes the Beautification I Advisory Commission. The Beautification Commission shall consist ! of eleven (11) members to be appointed by the City Council. The members shall be appointed to serve a term of two (2) years, com- mencing July 1st of the year appointed, provided that sik (6) mem- bers shall be appointed each odd numbered year and five (5) members 1 1 each even numbered year. Th9 Council shall, when considering the members to the Commission, appoint six (6) members to serve a two (2) year term and five (5) members to serve a term of one (1) year. The Commission shall elect a chair from among its members, who shall serve for one (1) year or until his or her successor is elected. The Commission shall serve without pay and shall adopt such rules as may be necessary for the regulation of its business and affairs. Sao. 2-81. Duties and Functions. 1 That the Commission shall serve in an advisory capacity to the city Council and shall be responsible for making recommendations to the City Council, Planning and Zoning Commission, Public Utilities Board, Parks and Recreation Board and other appointed boards or .,commissions regarding issues and ordinances affecting the appear- ance and the environment of the City and the entrances into the City. The Commission may establish such committees as necessary to carry out the purpose of the Commission. The Commission may make recommendations to the City Council regarding the budget of the Enforcement and Beautification Division. I r l 1 a I I r 1 sec. 2-82 througb 2-84. R*eerved. SECTION II. That the following members of the Beautification Task Force may continue to serve until such time as the City Council appoints the members of the Beautification Advisory Committee: Jeans Morrison John Cooper John Enlow Mabel Devereaux Melvin Willis Judd Jones Bette Shaw Carolyn Coward Miks Cochran Brenda Fosmire J. B. Smallwood Jim Render Fred Patterson Gertrude Gibson SECTION III. All ordinances or parts of ordinances in force when the provisions of this ordinance become effective which are inconsistent or in conflict with the terms or provisions contained in this ordinance are hereby repealed to the extent of any such conflict. SECTION IV. That this ordinance shall become effective immediately upon passage and approval. I PASSED AND APPROVED this the - day of , 1991. A 11 I BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY., APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY /2 .10A A-~ 1A BY. I PAGE 2 I I J DATE: February 19, 1991 CITY COUNCIL REPORT FORMAT I 1 1 TO: mayor and Members of the City Council `,,,J FROM: Lloyd V. Bartell, City Manage[ li ' SUB+ECTa TEXAS OCAL GOVERNMENT INVESTMENT POOL l'Te xpool') ' Recommendation: staff recc upends approval of the attached resolution Loin and participation agreement which authotite the City Government Investment Pool 14Texpool'1. r Backg[ou nd: Duting the Fall of 1999, the 71st Texas Legislature amend:d the Interlocal cooperation Act to facilitate the creation of local government investment pools. since that time, the State Treasuret's office created Texpool which has a veexcmembership l of approximately 700 public entities, and An Invested balance i o billion. Pooh offer the city three distinct benefits, even though they are only a ; short-term investment instrument. First, pools are more flexible than ■ny ; other investment instrument we utilise. They have no minimum balance requirement and no penalties for early withdrawals. This is an improvement over the two short-term investment instruments we currently utilise li.e., ' Certificates of Deposit and Aepu[cha a Agreements). Certificattneds of Depostlt S require funds to be invested for it least Seven days, i. Agreements require a minimum balance of $1,000,000 for a competitive rate. III Secondly, pools tend to lag behind the market place and react slowly to sharp increases cc decreases in rates. Therefore, if we can earn a greater i + we can withdraw our tale of inte[eat in some erne[ short-term inveswina , pools have a higher 1 funds an Place thfit han elsewhere Certificates ho of pDeposit andsl lA phase Agteements. interestd [ate t Attachment II and III compares the interest rate of short-tarn investment instruments over the past year. Programs Dapa ctment s, etc.[ j The ihte[est income of all funds with investable Wlances will be affected, Fiscal lmosctr j ~ 0018 have pot certificates of Depositrsnd Repurchue Agraem n~s.S15,000 to 18,006 more than ectfull su t ads 'Ba [e itY Managet Pregara:' byc yr Narlan L. Jeffs [eaeurar roved: Cxecutive Director of ►i pence I I 1 1 a J I ATTACHMENT I i I , l TEXAS STATE TREASURY Texas Local Government Investment Pool , Participation Agreement PRFANIBLE i This participation agreement dated as of the_ day of Iq_, (the "Participation Agreement") is made and entered intoby and between the Texas State Treasurer (the "Treasurer") and (the "Participant"). WHEREAS, thelnterlocalCooperation Act, TEX. REV.CIV.STAT.ANN, am 4413(32) SI deg as amended and TEX. REV. CIV, STAT. ANN. art. 4413 (34 (c)) (the "Acts") provide for the + creationof public funds investment pools to whlch anypolitlcal subdivislon maydelegate, by contract, the 1 authorityto hold legal title as custodian and to make Investments purchased with local Investment funds; and i WHEREAS, the Treasurer has created Texas Treasury Safekeeping Trust Company (the "Trust Company") which receives, transfers and disburses money and securities belonging to state 1 agencies and local political subdivisions of the state and for which the Treasurer is the sole officer and director and which is managed by Treasury employees; and WHEREAS, the Treasurer has created the Texas Local Government Investment Pool ("TexPool") as a public funds Investment pool, which Tc%Pool funds shall be Invested in certain eligible L Investments as more fully described hereafter, NOW THEREFORE for and In consideration of the mutual promises, covenants and agreements herein contained and other good valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree with each other as follows: ARTICLE 1. DEFINITIONS "AM" shall mean Automated Clearing House electronic fund transfers. "Authoriz 4 Investments" shall mean, in accordance with the Act, the purchase, sale and investment of funds under TexPool's control in the following: 1. Obligations of the United States or its agencies and Instrumentalities; 2. Direct obligations of the State of Texas or Its agencies; 3. Other obligations, the principal of and interest on wblch are unconditionally guarantced or insured by the + State of Texas or the United Stag; 4. Obligations of states, agencies, counties, cities, and other political subdivisions of any state having been rated as to investment quality by a nationally recognized investment rating firm and having received a rating of not less than A or Its equivalent; + ' I ~i 1 J~ 1 . I 5. Certificates of Deposit issued by state and national banks domiciled in this state that arr. J A. Guaranteed or insured by the Federal Deposit Insurance corporation, or its successor, or B. Secured by obligations that are described by subdivisions 1.4 of this subsection, which are intended to include all direct agency or instr gentality issued mortgage backed securities rated AAA by a nationally recognized ratio agency, or by Chapter 26, Acts of the 67th 1.egislat ire, Regular Session, 1981 (arL 2529b-1 TEX. REV. CIV. STAT. ANN.), and that have a m irket value of not less than the principal amount of the certificates; rata; 6. Fully collaterai:zed direct repurchase agreements having & defined termination date, secured by obliga- I Lions described by Subdivision 1 of this subsection, pledged with a third patty selected or approved by the political entity, and placed through a primary government securities dealer, as defined by the Federal Reserve, or a bank domiciled In this state; and 7. Certificates of Deposit issued by savings and loan associations domiciled in this state that are: i A. Guaranteed or insured by the Federal Savings and Loan Insurance Corporation or Its successors; or B. Secured by obligations that are described by Subdivisions IA of this subsection, which are intended to Include all direct federal agencies or Instrumentality issued mortgage backed securities that have a market value of not Im than the principal amount of the certificates. & Such other investments as may be authorized by TEX. REV. CM STAT. ANN. am 842a-2 as amended from time to time. "Authoriud Reorese itative(s] of the Participant" shall mean those individuals who are authorized to execute documents and take such other necessaryactions under this Participation Agreement as evidenced on behalf of the Participant by duly enacted resolution of the Participant, a certified copy of which is on file with the Trust Company. "Authorized Reoresentative(s1 ohhe Trust Comoan>r' shall mean those employees of the Treasury authorized to execute documents and take such other necessary actions including the investment of funds under this Participation Agreement on behalf of the Trust Company as evidenced by resolution of the Trust Company, a certified copy of which Is on file with the Participant. "Data Cotlepion Center" shall mean a third party vendor used by the Trust Company to coiled and disburse fund remittance information reported by the Participants. "t otter of Instrudlons"shaft mean a written authorization and direction to the Trust Company signed by an Authorized Representative he Panidpaot. 'Treasury" shall mean the Texas State Treasury Department. "W an "shall meaadirectly wired transfersofTexPoolfunds oro(Participant's funds through theFede ral Rese rye _Tlo Sank System. ARTICLE It. PARTICIPATION REQUIREMENTS P Secti__ O !M ~n,-e 9untcieat Q-r Agreement. The Panicipam must execute a Participation Agreement Wore depositing any funds Into TexPool Funkier, • duty certified copy of a resolution by the Participant designating Authorized Representat - of the Participant must accompany the executed Participation AgteemenL 5W6102 Creationo[Texpoo The Treasurer,uTrustee, hereby ~thth(sParticipation Ageement forihebeneft o distinct fthePafthePancirustfnndt msna TexPooi and, ` Further, ouuide thETreasu ry andtobe mana8edin accordan theTreasurerhereby daignatesandappoinutheTrwtComItsnY to opeate and Be ` i panu. Further, 2 / r 1 1 t 1 by the parli pant in to the extent permitted bylaw, appoints the TrustCompanytoaaascu todianofall moniesdepol. Eey xe utingt is PartTexpool icipation Agrecmen'th Pardti p nthe ebymttsents othefforegoing. ThetTreasurer acting through theTrust Comp Company ebyagreesto and to rve, ming the S manage the Participant's monies with the same degree of care and assu same duty to each Participant that Is appltcab a to the management of funds held inside the Treasury. shall establish and maintain separate Sectton2.03 Accounts SubAcounts andOwnershinlnlerest.TheTrust Company account(s) for each Participant in TexPool in accordance with a duty executed letter .instructions (the "Accounts"). Separate SubAccounts may also be established within each Account, as so directed from time to time in a Letter of Instructions (the "Sub• Accounts"). Each Participant shall own an undivided beneficial interest in the assets of T"Poolwhich shall consist of the proportional + I amount AnAuthorized Representativ orftto the total amount of all heParticipatmayalsoeliminateinactiivveeAccountsandSubAaountsfromtiimetotime if the request is confirmed by a duty executed Letter of Instructions. ARTIC LE III. FUND TRANSF'ZRS IN TEXPOOL Sectten 3 01 Method o[Transferof Funds. All fund transfers both deposits and withdrawals, shall be by ACH or by Wire ACH Transfers. dycoonttaactingTexPoolsDataCollectionrCenterlusing&tou hptonet lephone,acomput~erwithamodem ' deposiund withdrawals by or by rotary telephone talking to a live operator. Section302.ACHFund TraJrsfer_s• In order to remit funds toTexPool,theParticipant mayInitiate anACHwithdrawal a from its designated financial institution account by reporting remittance information via atoll-free telephone e call to o the Da rata call collection Center. Tile Data Collection Center will Immediately notify theTrustCompany and the Trust Company credit t Participant's account with available funds in the amount of the remittance on the next business day. All deposit and withdrawal nor instructions for ACH fund transfers to funds transfer n settlement day. In ado i n to Participant the Data ay also initiate ACH credits to TexP(oo which must be reported to the Data Collection Center before 12-30 p.m. (Austin time) one day prior to funds transfer on settlement day. The Texas State Treasurys Rapid Deposit Prog am Division shall be rcsponsible for establishing and maintaining the ACH system and Data Collection Center on behalf of at' Participants. CklI)n303 Wire Transfers. Notification of all Wire Transfers, Including both deposits andwithdawals,must bemade C pany's rust Co a requests ~ihhe Tt m pa onehesame business or by facsimile machthe ine ("fax").nFor alll Wire T the Authorized Commpany y by by te1 pbne call rawa Authorized Representative will perform a call•backverification and ants A~ho~iz~ Replauaut~ive of no ifiutdion by4the Data tfon 3.04• Upon receipt by the Trust Company' Collection Center or recelptof any WlreTransfer, theTrustCompany will credit Participant's Accountswith available funds. Same day deposits pursuant to Section 3.03 hereof may only be effectuated by Wire Tarvier. Ali deposits will be accepted regardless of the day and it me it is received by the Trust Company. Section 3 05 ate Deposits. Because of the fluctuation in investment markets and its effect on Investment decisions, late term Transfers other tthabe includable In that day's Tedol Assets. As used in the section, n those described In Section 3.03 and (b) All other deposits received after 12:30pi m• (Austin time). The Participant agrees that late deposits may be segregated into an Independent and separate investment overnight only. The Participant hereby acknowledges that frequently late day investments ere made st slower Interest rate yield,wbich would diminish terestrateyieldinginvestment, Thoweve +Idea'rsiontosegregatealatedepositforpurchase itsebesmeffo reainder oftheTexPool of a separate tower yielding Investment instrumentwill be made at the discretion of the Trust Company's Authorized Represen- tative. In the event the Trust Company determines to invest a late deposit Ina segregated tower yiethe g Inv a tm itent ed strum nt, 1 12:30 p.m., only the affected Participant's Accounts will receive the appropriaitincome earnings associated event there rreqed Is no i suitable late day Investment fords a For deposit. the funds wig be after enext w and in the fundswill be noon (Austin ti held in the Participant's Accounts As* cash (non-interest bearing) deposit in the Trust Company's Federal Reserve Sank of Dallas account in Into order to maintain complete security of the funds. The fundsW will be mer r from TexPoolTexPool on. the next busineRepres ss day. tattve of the an Auftrized the ~&t`~ 06 Withdrawal.. To withdraw funds by Participant shall Issue Instructions not later than 10,00a.m.(Austin time) onthedayihefundsaretobewithdrawn, specifyi g Account or SubAccount and the amount of money to be wired or transferred in immediately available funds to the Participant's 3 1 designated local bank account Such instructions may ve of Authorized Re r Y t+eoral,provided however that a written instructions Leuerof Instruction signed byan shapilbesurbfectioatcaeltbactk critficatooato'heTrustCom an p y within 24 seers of the oral instructions. All ou ral Company will verify that the Participant's Account balance is suf Iicient n Se ti honor the request, and if so, the Trust Company) ill st r u maysoinstinclucdetedanbyyin the is transfertherequest artiis - cf -spanttothe.PInstrucartictions ipant'sd from the esignatedlocal Participabnt an to k.ccotun withdraw nn the cx dP total yavacil3 balance bie in the funds Accounts lunle sofhe orSubAccouTnis terest earnin herwise circumsiances accrued interest earnings shall be credited credittoed the daily a SubAccounts -nd th through the day of The withdrawal. In all other y and paid at the end otf the month. Secilon&07.LateWithdrawals. Same day wil hdrawal requests m usl be received by 10:00 a.m. ano mayonly be effect ua red by Wire Transfer. A late withdrawal request maybe subjected to and conditioned upon the ability of the Trust Company to fund the withdrawal request. However, the Trust Company agrees to use its best efforts to honor such late withdrawal requests and to notify the Participant Immediately with information concerningdispositlon Oahe late withdrawal request J Section 3.08, S'naration of Accounts. TexPool was created to establish a fund that may common investment and operational elfcien books and records ofTexP ty' de each Participant ChaveseparateAccountsandSubAfccounrlson~sihe , ooI which shall be maintained by the Trust Company. ~ a i 3 ARTICLE IV, INVESTMENTS AND DUTIES Section 4.01. Investments. lives of the and reinv I monies held in TexPool shall be invested ested by the Authorized Representa. Trust Company only in Authorized Investments. TexPool's available funds that are uninvested shall be held at the Trust Company's account at the Federal Reserve Bank of Dallas. All investments of both assets and collateral will be in the possession of the Trust Companyand held In its book.entrysafckeeping account at tha Federal Resene Bank of Dallas, Sec`tho n_ Fa u t Transac[fons I . n the extraordinary event that a purchase or securities results In a failed settlement, any resulting uninvested sted funds shall remain In the Trust Company's Federal Reserve Bank of Dallas account. Iran alTernad~e investment can be secured after The failure of the trade to settle, Tt:xPool will receive all the Income earnings, but not limited to, compensation from thepurchaser failing in the trade and the interest Income from the alternative investment. Particpants Accounts and S!nent Earn ec' ig 4.03. (nves[ment Earnings Allocation. All interest earnings in TexPool will be valued daily and credted to the monthly, on n pro rata allocation basis. All losses, ifany, residing from the investment of monies in TexPool shall also be allocated on a pro rata allocation basis. Seclon4.04,5 cit3c vestment a uiremenj. Because TexPoolisdesigneJto giveeachParticipant Immediate access to their funds, the dollar weighted average maturity of the investments In TexPool will not exceed 120 days, v originally Invested All collateral securing repurchase agreements will be repriced daily and maintained at a minimum of IOt>~ coverage of the Investment t Poll y. principal amount, which shall be reviewed from lime 10 time by the TexPool Advisory Board as part of the tlon4.OS.TexPoolAdvi Board. ThcrehasbccncrcatedtheTex Pooladviso mnslvcsofat least lOmembers, each apl>alracd by the Treasurer for a staggered term of three 3 cars. The Advisory review end approve an Investment polity for TexPool• The Adviso ry board (the Advisory Board r which other amendments 0f [he fee structure which Lc more fully described In Secrfon 5.01 here The Participant any modification ication or PariicipationAgrcement . by xecutionoft the in herebyagreestobeboundbyalipoficies,feerchedulcslan ohein he responsibility vry Board. maybe adopted by the Ad Section,--- gp6Lia2iliiv.NeithertheTreasurer,theTrusTCompany,anyTrcasuryrmployces,noranyofthemembers ~ ry Board shall be held liahle for any action or omission to act on behalf of the Treasury, Treasury employees, o the Participants unless raused bygrnss negligence or willful misconduct. or the ARTICLE V. EXPENSES AND REPORTS Ssetion501 FeesandEEr,es, Attachedheretoisascheduleo(feesforbasicands to pay to the Trust Company an amount set forth In the fee schedule which shall be suffrclent t0 reimburse the Trust Company for Its actual costs of performing Its duties under this Participation Agreement, Participant agrees that gill feels shall rbe directly and automatieallyassessedandchargedagainsttheParticipant'sAccountsandSubAccounts. The basic scnices fee shall be calculated I l 4 I I .J I 1 ' r I 1 1 the net Income shall be credited to the Participant's account. Fees tot special as a reduction in the daily income earned thusoah services shall be charged to each Participant's account as they are incurred or performed. A schedule of feshall be Participnt eb nt annu all to the Participant. Fees shall only be changed upon the approval of the majority of TexPooi's Advisory will be notified thirty (30) days prior to the effective date of any change in the fee schedules. Board. SNtion S 02 Penalties or Los M. All actual costs, Including but not limited to, losses of Investment income for TexPoot associated with ACH returns or by (allure to timely transmit a Wire Transfer for deposit will be charged against the Participant's Accounts and Sub Accounts unless such failure was beyond the control of the Participant. TbeTrust Company will make every e(fort to mitigate any adverse trot being incurred by the Participant. The Trust Company shall only recover the actual costs incurred in the event of any loss. Section detailed listing of all transactions occurring in the PartIcipant's Accounts acrd SubAccouns for the previous month, within the first five (S) business days of the next succeeding month. Such report will Indicate the balance remaining in the Participant's Accounts and SubAccounts, the daily and monthly yields of interest earned, all deposits and withdrawals, and all expenses, Including the basic services fee and any special fed assessed, In accordance with generally accepted accounting principles. Additionally, the Trust ' Company will maintain coples of the Participant's Accounu and SubAccounts reporu in physical or computer form fora minimum of three prior fiscal years. This lnformationwillbeavailable toassistthePankipant in any special rewrchor report request. Copies of Ali Panicipants'reportsshall be available for public examination at the Trust Company's offices at the Treasury. Thesereports and summary information shall be presented to the Advisory Board. All records shall be available for inspection at all reasonable hours of the business day and under reasonable conditions. The Trust Company will attempt to keep confidential all historical suubjectlto the Open Records current balances En? REV. CIV •STA~ ANN. art. b232.17atias aamended acknowledges that the Trust Company Is of the Paticipant However, the I ARTICLE VI. SPECIFIC PARTICIPANT INFORMATION ilnn601 AccounlNumberandPassword. Each Participant shall beassigned sd. PAditionaSly eachnumber, AccountandSub• Authorized Representativeof the Parilcipant shall be Assigned i unique Identifyingp account will be assigned a unique number. The Participant hereby agrees that the unique passwords and account numbers are required to Implement any depositor withdrawal to the Participant's Accounts or SubAceounts. The Trust Company agrees that such account numbers and passwords shall be mai ^ tained by the Trust Company and the Trust Company shall decline to disclose said unlque identifying information except with the consent of the Participant or the Participant's Authorized Representative. g_^^ 6 02 Bank Account. The Participant's {Deal bank account and information is set forth on the attached routing form. Any amendment or change to the above described information must be submitted In writing to the Trust Company and must include clear instructions for effecting future deposit and withdrawal transactions. The Trust Company will Implement these changeswithln lS businessdsys of receiving the notification. TheTrusl Company-41 forward this information to the Rapid Deposit Program Division of the Tteasury. anion 603 Noticd. Any notices, Leuem of Instructions, or other Information required or permit to be given 11 hereunder shall be given in writing and shall be deemed duly en when mailed by registered or certified mail, tae prepaid, addressed or telefaxed as follows: To the Parttcpanc Participant Name Contact Person Address Telephone No. TelcFax No. . S 1 ATTACHMENT Il K• A,I Aa a. Y W1; 4~ Y Y kk~~ + <d'r rkk;•~~y(y`f Al'a fb`. ~ p7"•y"i HISTORICAL COMPARISON OF SHORT-TERM INVESTMENT INSTRUMENTS y^ rt ~¢,3 Air S r ¢ ~'A`.'ar y:' ~pErd'vy ",x 'r n«rN a,,v, . ~ FR s, "9v ~K ¢f~ s~. 5.:~ t p r r 2^~. r $ ,e'f;?,d ho 49'^ y~~:• ~r~ d 30-DAY MONTHS TEXPOOL LOIFT T-BILUCD* REPO** Jan '40 8.1247 8.25 8.00 8.00 Feb '90 8.1170 8.31 8.03 8.03 Mar '90 8.3080 8.39 8.04 8.05 Apr '90 8.3012 8.45 8.03 8.05 Ma '90 8.2291 8.38 8.02 7.95 Jun '90 8.2476 8.26 7.98 7.80 Jul '90 _ 8,2141 8.25 7.73 8.00 990 Au 8.1491 8.07 7.61 7.70 S '90 8.1176 8.07 7.35 7.90 Oct 190 8.0875 8.06 7,32 7.90 Nov '90 7.8775 7.89 7.25 7.55 Dec '90 7.7385 7.81 6.62 7.15 Jan 991 7.2856 7.43 6.38 7.00 *The City's CD rate is tied to the daily T-Bill rate. Because the maturities of our CD's range from one week to six months, we are exhibiting rates for 90-day T-Bill for consistent comparison. **For consistent comparison, we are exhibiting the highest yield in our portfolio for each of the above months. 13-Fet>-91 City of Denton i i i i I .r-- lip r 1 c t j: \ 11 1 i HISTORICAL COMPARISON OF SHORT-TERM INVESTMENT INSTRUMENTS r 8.b 8 ` i 7.6 i k T f Jan, 1990 to Jan, 1991 6.6 61- Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan j - } - LQIFT" T-81LL/CD 30-DAY REPO ` TEXPOOL l_ 4 j 1 1. 1 HISTORICAL COMPARISON OF SHORT-TERM INVESTMENT INSTRUMENTS I ~ i 8.6 7.6 i T Jan, 1990 to Jan, 1991 j 6.6 i b. _J.___._ __L___---__L_L.._..__.L,_ Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan • TEXPOOL LQIFT k ' T-BILL/CD 30-DAY REPO 1 I ; i k i I .r RESOLUTION NO. I A RESOLUTION DELEGATING TO THE TREASURER OF THE STATE OF TEXAS THE AUTHORITY TO INVEST CITY FUNDS AND TO ACT AS CUSTODIAN OF INVEST- MENTS PURCHASED WITH CITY FUNDS: AND PROVIDING FOR AN EFFECTIVE ' DATE. WHEREAS, the City of Denton Texas, as a of ~ political t subdivision he State Of Texas is empowered to delegate to a Pc s E investment pool the authority to invest funds and utoi act unas 1 custodian of investments purchased with local investment funds, and WHEREAS, it is in the best interest of the City and its Inhabitants to invest local funds in investments that ield t ` highest possible rate y he h of return while providing necessary safekeep- ing and protection of the principal) and WHEREAS, the Treasurer of the State of Texas actin b through the Texas Treasury Safekeeping Trust Com an g " and Trst Company") has created "TexPool", a public funds investmentepoo luto effectuate the goals of providing. investments at the highest possible yield and maintaining complete safety of the funds of city) NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. That the City of Denton, Texas, shall establish an 1 account in,its name with the Trust Company's Public Funds Invest- meet Pool "TexPool" for the purpose of transmitting local funds for investment by the Trust Company in TexPool. =310It_i! II. That the following individuals whose signatures appear below are officers or employees of the City and are each hereby authorized to transmit funds to the Trust Company for investment in TexPool and are each further authorized to withdraw funds from time to time, to issue letters of instruction, and to take all other actions deemed necessary or appropriate for the investment of local funds: !lame: _ Title: Signature: Name: Title: Signature: Na„c: Title: 1 1 X 1 I I Signature: J Name: Title: Signature: t Name: Title: Signature: ZE-Q- IOtl III. That this Resolution and its authorization sha13. ? continue in full force and effect until amended or revoked by the city and until the Trust Company receives a copy of any such amendment or revocation, until such time the Trust Company is ' entitled to rely on same. SECTION J_V. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1991, 3 S BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY h BY: i APPROVED AS TO LEGAL FORM: DEBRA A. D_ CHo CITY ATTORNEY C BY! i PAGE 2 DATE: February 19, 1991 CITY COUNCIL $$POAT FORMAT (JN~J. TO: Mayor and Members of the City Council q FROM: Lloyd V. Harrell, City Manager SUBJECT: TEXAS LOCAL GOVERNMENT INVESTMENT FUND FOR TEXAS ('LGIFT') i Recommendation: 'r Staff recommends approval of the attached resolution and contract which j authorize the city of Denton to join the Texas Local Government Investment Fund for Texas ('LGIFT•). Backgrounds i• 3 The amendments to the Interlocal Cooperation Act also facilitated the creation I of the the Local Government Investment Funds for Texas. LGIFT has a current i membership of approximately 24 public entities, and an invested balance in excess of $113 million. The LGIFT offer the City the same three benefits as Texpoole These benefits are j flexibility, lag in interest rates, and higher interest rates. ! Programs, Departments, etc.: The interest income of all funds with investable balances will be affected, + , Fiscal Impact: { Investment pools have the potential of earning $35,000 to 40,000 more than K Certificates of Deposit and Repurchase Agreements. 1 Res tfull au tted: ( L Y. Harrell + C y Manager Prepared bys Harlan L. Jeff reasurer 1 i Approveds /John Fe MCGrane lea ecutive Director of Finance a I w 1 1 ATTACHMENT I i J I ~ I i 1 5 Local Government Investment Fund for Texas j Common Investment Contract j I Coatormod copy s r I i j t 1 i 1 I 1 y I 1 Table or C menu ` Recitations Article 1 • Name and Definitions Section 1. Name of Agency Section 2. Definitions Article II • Purpose, Objectives and Standard of Care Section 1. Purposes and Objectives of Contract Section 2. Standard of Care I Article III • Parties to Contract Section 1. Eligibility Section 2. Entry into Contract Section 3. Termination of Participation Section 4, Effect of Amendment of Iaterlocal Cooperation Act. i Article IV • Beneficial Interests Section 1. Units of Beneficial Interest Section 2. Establishment of Series Section 3. Ownership of Units Section 4. Placement of Assets with the Fund Section S. Assets and Liabilities of Series Section 6. No Preemptive Rights a Section 7. Limitation of Personal Liability • Article V • Firtt Series i Section 1. Establishment of First Series 1 Section 2. Eligible Governmental Entities Section 3. Eligible Investments ` Section 4, Investment Policies and Restrictions Section S. Investment Officer Section 6. Distributions , Section 7. Custodian Article VI • The Directors 1 Section 1. Management of the Fund { Section 2. Number of Directors Section 3. Initial Board of Directors Section 41 Ex Offlclo Directors Section S. Term and Election Section 6. Effect of Death, Resignation, Ete. of a Director i i v 1 i 9 l t r. , t 1 Article Vii • Powers of Directors Section I. Powers j Section 2. Action by the Director section 3. Officers Article Vill • Adviser Section I. Advisory and Service Agreement Section 2. Duties Section 3. Provision of Services IIII Article iX • Unitholders' Voting Power and Meetings Section I. Voting Powers Section 2. Meetings Section I Quorum and Vote Required i Article X • Custodian i Section I. Appointment and Duties Section 2. Central Certificate System Article XI • Investment Officer s Section i. =not ment Section 2. f Authority Section 3. Management Reports Article X11 • Distributions and Redemptions i section I. Distributions Section 2. Redemptions on Of S 1onValuatlon of Portfolio Assets Ight. of et Asset Value and Section ection I Deter iloa natiof the N 4. R 1 Ar':cle X111 • Limitation of Liability and Indemnification ti Section 1. Limitation of Liability Section 2. Indemnification section 3. Ex Officio Directors Article XiV • Miscellaneous 1 Section I. Fund Not a Partnership Section 2. Ownership of Assets Of the Fund Section I Director's Oood Faith Action, Expert Advice, No Bond or Surety r section 4. Establishment of Record Dates Section S. Termination of Fund section 6. Open Records Act; References, Headings; Principal Office Section 7. Applicable Law Section I. Amendments section 9. Fiscal Year section 10. Defect as to Provision of Participation it 4w- - i i CnMMO N INVESTMENT CONTRACT RECITATIONS Whereas, Article 4413(32c) of the Texas Revised Civil Statutes, as amended, contract (hereinafter, or r agree ~ with lone Of more local governments to perform local goverrnmental efunctions and services; j Whereas, the lnterlocal Cooperation Act defines "governmental functions and services" to include public funds investment, { Whereas, the Interlocal Cooperation Act authorizes the creation of ao administrative agency for the supervision of performance of contracts or agreements among 'local governments'; Whereas, the Interlocal Cooperation Act defines 01001 government' as a county; a home rule city or a city, village, or town organized under the general laws of the Stile of Texas; a special district; a school district; a junior college district; any other legally constituted political subdivision of the State of Texas or any adjoining state; or a combination of political subdivisions; Whereas, the City of Forth Worth, the City of McKinney, and the North Central Texas, Council of Governments, (hereinafter, the "Initial Participants") are each a'iocal and desire to eater into this 3i contract for the combined Investment of publIc funds, and Whereas, this Common Investment Contract is intended to be a joint agreement entered performing the into Initial pursuant Participants' responsibilitie p to Invest their public funds, as set t forth In Ini Section I of Article 11; Whereas, the governing body of each of the Initial Participants has duly adopted a resolution authorizing the respective Initial Participants to become parties to this Common Investment Contract In accordance with Section 4 of the Interlocal Cooperation Act; Whereas, the governing body of each of the Initial Participants hat adopted the Investment objectives and purposes set forth in Article It of this Common Investment Contract; and Whereas, the Initial Participants anticipate that other 'local governments" as defined in the Interlocal Cooperation Act may desire to Invest public assets jointly with the Initial Participants or other local governments;, Now therefore, the Initial Participants do hereby create an agency pursuant to Section 4(d) of the Interlocal Cooperation Act to hold legal title to and manage all it ponies ursuant to his Common Investment Contract llrforrthetbenefitsofrsuch localheld by governments as may from time to time become Participants; and The Initial Participants do further declare their agreemr-it to be bound sad abide by the terms of this Common Investment Contract. 3 t ARTICLE I } NAME AND DEFINITIONS NAME OF AGRiCY Section 1. The agency hereby created shall be known as the 'Local Government Investment Fund for Texas' DEFINITIONS Section 2. Wherever used herein, unless otherwise required by the context or specifically provided: (a) 'Adviser' refers to the party with whom the Fund h ii contracted pursuant to Article VIII; and "Advisory and Servicing Agreement' refers to the contract between the Fund and the Adviser; (b) 'Bylaws' refers to the Bylaws of the Fund, if any, as amended from time to time; (c) 'Contract' or 'Common Investment Contract' refers to this instrument executed by the Initial Participants and establishing the Fund; and shall encompass any amendments and supplements to this Contract which are duly approved pursuant to this Contract or the Bylaws of the Fund; and shall also encompass the written Instruments F by which Governmental Entitles become parties to, or terminate their participation i under, this Contract; I (d) 'Directors" refer to individual directors in their capacity to directors { hereunder of the Fund, and their successor or successors for the time being In office I as such directors; and 'Board of Directors' refers to the governing body of the Fund; J orovided• tswever that, except as otherwise specified, the term "Directors" shall not 1 C refer to 4t QjjjclQ Directors; (e) 'Fund' refers to the Local Government Investment Fund for Texas; A (f) 'Governmental Entity' refers to a 'local government' as defined In the taterlocal Cooperation Act, as amended from time to time, >ifayjded, that political subdivisions of a state other than Texas shall not be deemed a *Governmental Entity'; (s) '1LFA' refers to Article 44I3(34c), Texas Revised Civil Statutes, as amended from time to time; (h) 'Interlocal Cooperation Act' refers to Article 4413(32c) of the Texas Revlscd II Civil Statutesk as amended from time to time; (1) 'investment Officer' refers to an officer or employee of the Fund who sball be designated In accordance with the provisions of Article XI; (j) 'Net Asset Value' refers to the net asset value of the Fund determined In the manner provided In Article Xil, Section 3; (k) 'Open Meetings Law' refers to Article 62!2.17, Texas Revised Civil Statutes, and "Open Records Act" refers to Article 62$2.17a, Texas Revised Civil Statutes, both as amended from time to time; (1) "PFIA' refers to Article 842x•2, Texas Revised Civil Statutes, as amended from time to time; 2 I k" W- M I f 1 1 1 . I (m) 'Participant' arefers to a party which his entered into this Common Investment Co j ntract through due nd proper tuthorization, and which has not terminated such status; and 'Participation' refers to the status of an entity as a Participant; J (n) 'Series' refers to any subdivision of the assets of the Fund established in accordance with the provisions of Section 2 of Article IV, and 'Series Supplement' refers to the written document containitis the terms of a certain Series; and t (o) 'Units" refers to the equal proportionate units of undivided beneficial interest In the assets of the Fund or of each Series from time to time, Including fractions of Units as well as whole Units (which the Participants Intend to maintain at a stable $1.00 Net Asset Value, in accordance with Article 11, Section I(e) of this Contract); and'Unitholder' refers to a record owner of Units of the Fund or of a Series, I References in the singular number in this Contract shall be considered to include the plural, If and when appropriate, and vice•verta, l AflT[CLE II PURPOSE, 014M ^TIVES AND STAN = nos f PURPOSE AND ARJFCTIV c OF QNTRAC Section 1. The purpose of this Common Investment Contract Is to create an instrumentality and &Seacy (the 'Fund') pursuant to the laterloeal Cooperation Act, r through which Governmental Entities may jointly invest their public funds. The l objectives of the Fund Include; (a) Improving the efficiency and effectiveness of Participants In the Investment of their public funds; (b) Obtaining the highest possible rate of return on Fund assets, while providing necessary protection of principal consistent with the operating requirements of Unhholders. In seeking to attain this objective, the Fund will place its highest priority upon safety of principal, Its second upon liquidity, and Its third upon Income; (c) Minimizing administrative fees and transactional and other expenses of investing public funds; (d) Providing Goveramental Entities with a continuous source*( managed Investments, within (imitations upon such investments prescribed by applicable law, and (e) Managing the assets of the Fund with the Intent of maintaining a stable $1.00 net asset value for each whole Unit. STANDARD OF t, o r Section 2. Assets held by the Fund pursuant to this Common Investment Contract shall be invested with such judgment and care, under standards then prevailing, that persons of prudence, discretion, and Intelligence exercise In the management of their own affairs, not for speculation, but for Investment, considering the probable safety of their capital as well as the probable Income to be derived, all In accordance with Section 4 of PRA, 3 i 1 a 1 I ARTIC PARTI Eg TO CONTRACI El tcilall-ITY Section 1. No entity which is not a Governmental Entity shall become a Participant. Subject to the preceding sentence, the Directors shall have sole discretion (1) to determine whether a Governmental Entity, under Texas law, is eligible to become a Participant and (it) to designate categories of Governmental Entities eligible to become Participants in the Fund, or in say Series thereof. In making a determination as to whether an entity is an eligible Governmental Entity, the Directors of the Fund, after obtaining the advice of counsel, shall have final authority to determine the question. ENTRY INTO CONTRAC_I i i Section 2. (a) A Governmental Entity may enter Into this Common Investment Contract, without further action by the existing Participants, by executing and delivering to the Fund an agreement to be bound by Its terms pursuant to duly exercised authority. Such rIndicated by reference to this Contract4O Tha copy of this e Directors shall t establish the form may be - of such agreement and such additional procedures and requirements for entering Into this Contract as they deem appropriate from time to time. (b) In executiag to agreement under subsection (a) of this Section 2, a Governmental Entity shall be deemed to expressly (1) designate the investment Officer(s) of the one or more Series into which the Governmental Entity places any of its public funds, as that Governmental Entity's Investment Officer responsible for such funds; (it) designate the depository and custodian of the one or more Series Into which the Governmental Entity places any of its public funds to that assets for such placed with funds-, ihe iFude(I) to the Governmental tto hold legal depository titand le to custodian Fund the authority approve the investment objectives, policies, rules and procedures of the fund or of J any Series thereof, as the investment objectives, policies, rules and procedures of the Governmental Entity with respect to its assets transferred to the Fund or any Series thereof; and (v) provide authority to the Fund, its Directors, Adviser, officers, employees, and any of their tgeats to deposit, withdraw, invest, transfer and otherwise manage the funds which the Govetnmental Entity may place with the Fund; &it in conformance with the policies, rules and procedures of thor this e applicable Series and the re4uifements of the ILFA. TERMINATION OF PARTICIPATION Section 3. Participants shalt have the right to termlatte their Participation In this Contract, and the Directors shall specify procedures for such termination. Such procedures shall require a Participant to redeem its Unit In the Fund prior to such to the o remaining Participants. not affect the termination. this Contract termination with respect Participation validity of 4 i r- 1 i I 1 EFFECT OF ANIENDMINT OF INTERLOCAL COOPERATION ACT Section e. In the event that the loterlocal Cooperation Act is amended to as to expand the definition of "local government therein, the Directors shall have power to determine whether, and under what circumstances, any new category of Governmental Entity may become a party to this Common investment Contract. In the event that the Imeriocal Cooperation Act is amended so as to exclude from the definition of "local government" therein any previously included entity, the Directors shall promptly determine whether any existing Participant has lost its status as a Governmental Entity (or will lose such status upon effectiveness of such amendment). If the Directors determine, after obtaining the advice of counsel, that an existiag Participant is no longer a Governmental Entity (or will not be a Governmental Entity upon effectiveness of the amendment), the Directors shall so notify such Participant, redeem any Units held by that Participant in the Fund, and terminate such Participant as a party to this Contract. The Directors shall have final authority with respect to determinations under this Section 1, ARTICLE IV RXNEFICIAL INTERESTS UNITS OF BENEFICIAL INTEREST Section 1. The undivided beneficial interests of Participants in the assets of the Fund or of any Series shall be represented by such Units of one or more separate and distinct Series as the Directors shall from time to time create and establish. The number of Units is unlimited and each Unit shall be without per value and shall be fully paid and nonassessable, The Directors shall have full power and authority, In their sole discretion and without obtaining any prior authorization or vote of the Unitholders of the Fund or of any Series of the Fund, to create and establish Units or any Series thereof with such preferences, voting powers, rights and privileges as the Directors may from time to time determine; to divide or combine the Units thereof into a greater or lesser number; to claulfy or reclassify any existing Units into one or more Series or classes of Units; and to take such other action with respect to the Units as the Directors may deem desirable; nroyjded that the Directors may take no action pursuant to this Section 1 which would Impair the beneficial interests of Unitholders In the then•exlstiag assets of the Fund; and nrisvided further, that such powers as the Directors may ordinarily exercise pursuant to this Section I shall not be Inconsistent with the Intent of maintaining a stable Net Asset Value of $1.00 per Unit. FSIABLISHMENT OF SERIES Section 2. (a) The first Series Is hereby established pursuant to Article V of this Common investment Contract. (b) The establishment of any future Series shall be effective upon the adoption of a resolution by a majority of the Directors. With respeet to each such future Series, the Directors shall deslgnate investment objectives and policies (which shall, so long as required by applicable law, comply with Section 3 of the PFIA and Section 6 of the ILFA, each as amended from time to time), authorized investments (and If repurchase agreements are authorized, the Custodian for pledged securities), categories of Governmental Entities eligible to own Units, authorized Investment Officers, and the relative rights and preferences of the holders of such Units, all of which shall be described in a written Series Supplement. 5 a i i i (c) At any time that there are no Units outstanding of any particular series previously established and designated, the Directors may by majority vote abolish that Series and the establishment and designation thereof. OWNERSHIP OF UNITS Section 3. Notwithstanding anything in this Contract to the contrary, ownership of Units in the Fund shall be limited to Participants. Ownership of Units shall be recorded in the books of the Fund. The Directors may make such rules as they conslder appropriate, to the extent permitted by law, for the transfer of Units and similar matters. The record books of the Fund shall be conclusive as to who are the holders of Units and as to the number of Units held from time to time by each Unitholder. PLACEMENT OF ASSETS WITH THE FUND Section 4. The Directors shall accept transfers of funds to a Series of the Fund from such Goveromtntal Entities as have become Participants on such terms as they may from time to time authorize. After the date of the initial transfer of funds to a Series, the number of Units of that Series to represent the initial transfer of funds may be considered as outstanding and the amount received by the Series on account of such transfer shall be treated as to asset of such Series of the Fund. Subsequent transfers of funds to the Series shall be credited to each Unitholder's account in the form of full Units at the Net Asset Value per Unit next determined after the funds are received; provided, however, that the Directors may, in their soft discretion, authorize the Issuance of fractional Units. ASSETS AND LtABiLITIFS OF crRUS E Section J. I , (a) All consideration received by the Fund with respect to Units of a particular Series, together with all assets in which ouch consideration is invested or reinvested, all income, earnings, profits, and proceeds thereof, Including any proceeds derived from the sale, exchange or liquidation of ouch assets, and any funds or paymtots derived from any relavestment of such proceeds in whatever form the same may be, shall be referred to as 'ossets beloaging to' that Series. In addition, any assets, income, earnings, profits, and proceeds thereof, funds, or payments which ore not readily identifiable as belooging to any particular Series shall be allocated by the Directors between and among one or more of the Series in such manner as they, in their note discretion, deem fair and equitable. Each such allocation shall be referred to so assets belooglog to that Series, and shall be conclusive soil binding upon all Fund Participants for all purposes. The assets belonging, to a particular Series shall be to recorded upon the books of the Fund, tad shall be held by the Fund for the benefit of the Unitholders of that Series. (b) The assets belonging to each particular Series shall be charged with all expenses, costs, charges and reserves attributable to that Series. Any expenses, costs, charges or reserves of the Fund which ore not readily Identifiable at belonging to any particular Series shot] be allocated and charged by the Directors between or among any one or more of the Series In such manner as the Directo,o la their sole discretion deem fair and equitable, and such expenses, costs, charges tad reserves shall be payable only from the assets belonging to the applicable Stria. Each such allocation shall be conclusive and binding upon all Fund Participants for all purposes. Any creditor of any Series may look only to the assets of that Series to satisfy such creditor's debt. 6 1 t r \1 (c) To the extent that the expenses, costs, charges and reserves of the Fund or one or more Series thereof Is allocated pursuant to this Section S to the Units of a Participant, that Participant authorizes the payment of such out of, gjjy earnings from the iavestmeot of that Participant's interest da Fund assets, which are current revenues of that Participant for the year and a fund within its Immediate control when such items were incurred. NO PREEMPTIVE RIGHTS Section 6. Unitholders shall have no preemptive or other preferential right to acquire any additional Units of the Fund. LIMITATION OF PERSONAL LIABILITY Section 7. The Directors shall have no power to bind any Unitholder or to call upon any Unitholder for the payment of any sum of money or assessment whatsoever other than such as the Unitholder may at any time agree to pay, by way of subscription for any Will or otherwise. Every contract or other undertaking by or on behalf of the Fund shall Include a recitation limiting the obligation represented thereby to the Fund and Its assets (but the omission of such a recitation shall not operate to bind any Participant). ARTICLE V i FIRST SERIFS ESTABLISHMENT OF FIRST SERIES Section I, The Initial Participants hereby agree that the first Series shall be established to conformance with the terms of this Common Investment Contract and the policies, objectives, restrictions and other terms of this Article V. ELIGIBLE GOVERNMENTAL ENTITIES , f ' Section 2. The following Governmental Entities situated in the state of Texas may become Participants In the first Series: (a) counties; (b) home rule cities; (e) cities and towns organized uoder the general laws of the state of Texas; (d) hospital districts; (e) districts created under Texas Constitution Article ill, Section $2, or Article XVI, h Section 39; (f) school districts; (g) junior college districts; and (h) any other ` Governmental Entity which is authorized by law to invest Its funds In any and all securities In, which assets of the series may be invested, ` ELIGIBLE INVESTMENTS Section 3. The Series may Invest In the following Instruments: (a) obligations of the United States or its agencies and instrumentalities; (b) direct obligations of the State of Texas or Ito agencies; (c) other obligations, the principal of and interest on which are unconditionally guaranteed or insured by the State of Texas or the United States or its agencies and instrumentalities; (d) obligations of states, agencies, counties, cities, and other political subdivisions of any state having been rated as to Investment quality by a nationally recognized Investment rating firm and having received a rating of cot less than A or Its equivalent; I 7 Y J . \ i t 1 (e) eert(ficatet of deposit issued by state and national banks domiciled in Texas that are: (1) guaranteed or insured by the Federal Deposit Insurance Corporation, or its successor; or (2) secured by obligations that are described by (a)-(d) above, which ate Intended to include all direct federal agency or instrumentality issued mortgage backed securities that have a market value of not less than the i principal amount of the certificates or In any other manner and amount 1 provided by law for deposits of Participants; (f) certificates of deposit Issued by saviogs and loan associations domiciled in Texas that are: (1) guaranteed or insured by the Federal Savings and Loan Insurance corporation or its successor; or (2) secured by obligations that are described by (a)-(d) above, which are Intended to Include all direct federal agency or Instrumentality Issued mortgage backed securities that have a market value of not less than the principal amount of the certificates or in any other manner and amount , provided by law for deposits of Participants; (g) prime domestic bankers' acceptances its defined in the PFIA; (h) commercial paper with it stated maturity of 270 days or less from the date of Its issuance that either: i (1) Is rated not less than A•I, P-I or the equivalent by at lout two nationally recognized credit rating agencies, or (2) is rated at least A•I, P•1, or the equivalent by at least one nationally recognized credit rating agency and Is fully secured by an Irrevocable fetter of credit issued by a bank organized and existl-16 under the laws of the United States or any state thereof; and (1) repurchase agreements described in Section 2(ax9) of the PFIA. „ ""c TlyM IT PQLICIEA AND RESTRICTIONS Section 4. (a) The Series will purchase only instruments with a remalnit g maturity of one year or less, except that obligations underlying a repurchase agreement may have a final maturity of more then one year; (b) No more then 25% of the not assets of the Series may be invested In commercial paper of any one Industry; except that there is no limitation on the percentage of net assets that may be Invested In the bankltg Industry (neither finance companies as a group or utility companies to a group are considered a single industry for purposes of this policy); t ` (c) lavestmcot In instruments which are Dot readily marketable (as determined in 1 accord accordance with procedures used by the Adviser and approved by the Directors) will be limited to Do more than 10% of the Series' act assets at the time of , purchase; (d) At the time of purchase no more than 10% of the Series' net assets will be invested in securities of Say one Issuer, except that there is no limitation on the percentage of net assets that may be invested In obligations of the United States Government and/or agencies thereof. For purposes of this subsection (d) of Section (4), 'obligations of the United States Government and/or agencies thereof' shall include repurchase agreements collateralized by such obligations. Pfavlded hew that this subsection (d) of Section 4 may _jye be changed by the Board of Directors upon their discretion; and 1 (e) The Series will be managed to maintain a dollar weighted average portfolio maturity of 120 days or less. INVESTMENT OFj= Section S. The Investment Officer for the first Series shall be Linda Patterson or any successor Investment Officer designated by the Directors. ; DISTRIA11TIONe Section & Earnings on the assets of the first Series shall be accrued daily and shall be distributed on the first day of the month following the month in which such earnings are accrued. Such earnings may be distributed in the form of cash sent to a Participant, or credited to the Participant's account in the form of full or fractional Units. wsroDlAN ? Section 7, The Custodian for the Series shall be NCNB Texas National Bank, if such bank shall accept such designation on terms approved authorized officers of the Fund, and otherwishale any book or trust company which is domiciled In Teats, is authorized to exercise corporate trust powers, has a combined capital and surplus of at least $2S,000,000. is subject to supervision or examination by federal or state authority, and has been designated so such by the Directors. The Custodian (and/or any of Its agent(s) which are approved by the board of Directors, and which (a) are subket to supervision by state or federal regulators, and (b) maintain at least $25,000,000 In capital and surplus) shall hold collateral securing repurchase agreements entered Into by the Series. The Custodian shall be required to collateralize ' any cash of the Series held by It to the extent required by law. ARTI s: yr THE DIRECTDRc MANA 4EMEN7 OF THE FUND Section 1. The business and affairs of the Fund shall be managed by the Directors, and they shall have all powers necessary and deslrable to carry out that responsibility, 9 I f NUMBER OF DIRECTORS Section 2. The number of Directors shall initially be seven and shall thereafter be fixed from time to time by the Bylaws; or9Yided• that the number of Directors (excluding gofficio Directors appointed pursuant to Section 4 of this Article VI) shall in no event be leas than three or more than fifteen; and provided further that (except for tj officio Directors appointed pursuant to Section 4 of this Article VI), no more than one Director may sit on the Board who is not an elected or appointed official of a Governmental Entity. INITIAL BOARD OF DIRECTORS J Section 3. The initial Board of Directors shall serve for a two year term, and shall be comprised of the following individuals: Michael Eastland, Ralph Ellis, Jr., Winston Evans, James Forte, Donald E. Paschal, Jr., Linda Patterson, M Wayne Usry. EX OFFICIO DIRECTORS } Section 4, The Directors may, by their majority vote, appoint one or more t3 officio Director(s) to sit on the Board of Directors, with such powers and obligations as are set forth in the Bylaws of the Fund for such t3 officio Directors, provided that no to officio Director shall vote as a Director, nor have any power or effect with respect to such votes; nor shall the presence or absence of such U officio Director be considered for purposes of determining whether a quorum of Directors CRISIS. The qualifications of persons to serve as "afficio Directors shall not be subject to the requirements of this Article VI, but shall be in compliance with the Bylaws of the Fund. TERM AND ELECTION Section S. Each Director of the Fund shell serve for a term of two years (except for those Directors whose terms are immediately subsequent to the terms of the Initial Directors; the terms of such Directors shall be fixed by the Bylaws) and until his successor has been elected (or appointed) and has qualified to serve a Director. Elections of Directors shall be by affirmative vote of the holders of at least a plurality of the Units voting io such election. There shall be no cumulative voting In the election of Directors. The Directors may remove any Director from office In accordaa:e with the provisions of the Bylaws. Also to accordance with the terms of the Bylaws, the Directors may appoint any qualified person to fill the unexpired term of any Director who is removed or who otherwise falls to complete his term for any reason. EFFECT OF DEATH_ RESiOrjj&TION. ETC. OF A DIRECTOR Section 6, The death, dectinatlon, resignation, retirement, removal, incapacity, or Inability of the Directors, or any one of them, shall not operate to annul the Fund or to revoke any existing agency created pursuant to the terms of this Common Investment Contract. ARTICLE YII POWERS OF DIRECTORS POWERS Section I. The Directors shall have full power and authority to do any and all acts and to make and execute any and all contracts and Instruments that are necessary for or lacldental to the management of the Fund or the Investment of the estate thereof. 10 ' 1 Y R thortitYta !cable law d power to make, ormause tovixemade, aclytand a leInvestmentshwhi hve Subject the, In the discretion, deem ubject to ainy limitation Ina this Common Inv stm nt Contract or applies of the cable law, the S Directors shall have power and authority: (a) To invest an trel°veit cash and securities, and to hold cash or ooth ver property law uninvested without in toy event being bound or limited by any preset or custom i° regard to investments by trustees; (b) To adopt Bylaws clot inconsistent with this Common Investment Contract providing for the conduct of the business of the Fund and to amend and repeal them to the extent that they do not reserve that right to the Unitholders; (c) To appoint and remove one of more Investment Officers pursuant to Article Xl; to appoint and remove such additional officers as they consider appropriate; and to appoint and terminate such agents as they consider appropriate; (d) To employ a bank or trust company, in Accordance with applicable law, as in the Bylaws, if SOY; conditions set torus In this custodiof any asts of the an Contract or Fund, Co (e) To retain an Adviser with such powers, reapo°stbilitles and functions as are described in Article Vill hereof; (f) To set record dates In the manner hereinafter provided for; (g) To delegate, Consistent with applicable law, such authority as they consider desirable to any officers of the Fund and to the Adviser, custodian or other a{eat; (h) To sell or exchange, or cause to be sold or exchanged, any or all of the , assets of the Fund, subject to the provisions of Article XIV, section 9(b) hereof; (1) -To vote or give assent, or exercise any rights of ownership, with respect to attorney wer$ and execute sec pro to s or persio°s as tthe Dert ire lorstsbill deem grope , iver granting to such Period oeuperw°son such power and discretion with relation to securities or property as, subject to applicable law, the Directors shall deem proper; (j) To exercise powers and rights which in any manner Arise out of ownership of securities; (k) To hold any security or property in t form not Indicating my trust, whether in bearer, unregistered or other negotiable form; or either In its own came or to the name of a eustodiaa or nominee or nominees, subject In either case to proper safeguards According to the usual practice of Texas trust Companies Of t°vatmeot companies; (1) To establish sepArtte and distinct Series with separately defined investment objectives and policies and distinct investment purposes in accordance with the provisions of Article 1V; (m) To allocate assets and expenses of the Fund to a particular Series or to el, Apportion y the a pa time been Series shall be payab a Willy lout of then etstbelonglelnses Incurred by ' to that Series as provided for in Article IV; II i (h) To consent to or participate in toy plan for the reorganization, consolidation or merger of any corporation or concern, any security of which is held in the Fund; and to consent to any contract, lease, mortgage, purchase, or sale of property by such corporation or coaccro; (o) To compromise, arbitrate, or otherwise adjust claims in favor of or against the Fund Of Any matter in controversy including, but not limited to, claims for taxes; (p) To make distributions of income and of capital gains to Unitholders in the manner hereinafter provided for, (q) To establish, from time to time, a minimum total investment for Unitholders, and thn such m'a mum upon giving notice to such UUnitoldefs nitholder;whose investment is teas this (r) To amend, pursuant to Section I of Article XIV, this Common Investment Contract; and (s) To retain one or mote auditors for the Fund or any Series thereof, and to t require annual audits and reports, and such other audits and reports as they consider appropriate. CTIO BY THE t]iRECTORS - 'Section 2. The Directors shall act by vote of a majority of the Directors present at a meeting duly called and held in Aceordance with the Open Meetings Law, at which a m It accor ted ance Open MeetingseLawNSubject to sppli able law tsha helDi eet ors by m jority vote withthe delegate to say one or more of their number their authority to approve particular matters j or take particular actions on behalf of the Fund, ctioon 3. The Directors shall appoint one of their number to be Chairman of the QEE Section Board of Directors. The Chairman shall preside at sill meetings of the Directors nd in accordance be the Chief Executive nce with, and shall have therduti s proscribed t by,OtheiBylAws.y appointed of the Fund, ARTI.Lj M sIIY1SF.R ADVISORY Section 1. Wbsn authorized by a majority of the Directors, the Fund may, subject to the taws of the State of Texas, from time to time enter into sit Advisory and Service Agreement whereby the other party to such agreement shall be designated is the Fund's Adviser, shall agree to serve as such, and shall undertake to provide to the Fund such advice, assistance, their tse and et vices, upon such terms and conditions, as the Directors may is 12 r i i DUTIES Section 2. The Advisory and Service Agreement shall be set forth in writing and 1 shall establish the duties and responsibilities of the Adviser. The Directors shall have power to retain the Adviser to provide such advice, assistance, facilities and services as the Directors shall, consistent with applicable law and this Contract, in their discretion determine, including, without limitatica: provision of investment advice and management services; performance of transfer agent and pricing and bookkeeping services; solicitation of Participation in the Fund; and servicing of Unitholders and Participants. PROVISION OE SERVICES Section 3. The Adviser shall provide such advice, assistance, facilities and i r services as the Directors may determine, in accordance with Section 2 of this Article VIII; but the Adviser shall have the power, subject to applicable law and with the consent of the Directors, to retain third parties, whether or not affiliated with the Adviser, to perform all or some of the advice, assistance, facilities and services for which it has been retained by the Fund. ARTICLE M 1 UNITHnr DIE S' VOTING POWERS AND MEETINGS VOTING POWERS Section I. The Unitholders shalt have power to vote (I) for the election of Directors as provided in Article VI, Section S, (il) for the removal of Directors as provided in the Bylaws, and (iii) with respect to such additional matters relatlag to the Fund as may be required or authorized by law, by this Common Investment Contract, or the Bylaws of the Fund. Each whole Unit shall be entitled to one vote as to any matter on which it is entitled to vote, and each fractional Unit shall be entitled to it proportionate fractional vote. Units may be voted in person or by delivery of a written M instrument. Until Units are issued, the Directors (1) may exercise all rights of to a ommon w, this ion r take nd ma Invest Contract or any Bylaws of the Futnd toebe quitakenred U itholdertaand (11)Cmay waive themeat notice provision and 60-day period specified in Article XIV, Section I of this Common Investment Contract. = Section 2. Meetings of Unitholders of the Fund or of one or more Series of the Fund may be called by the Directors in their discretion, and shall be called by the Directors upon the written request of Unitholders owning at least one-quarter of the outstanding Units entitled to vote at such a meeting. Unitholder meetings shall be held in accordance with the Open Meetings Law. QUORUM AND I&EQUIRED VOTE Section 3. A majority of Units entitled to vote shall be a quorum for a Uoltholder vote, or the transaction of any business at a Uoitholders' meeting, except that where any provision of law or of this Common Investment Contract permits or requires that holders of any Series shall vote as a Series, then a majority of the segregate number of Units of that Series entitled to vote shall be necessity to constitute a quorum for the transaction of business by that Series. Any lesser number shall be sufficient for adjournments. Any adjourned session or sessions may be held within a ressonable time after the date set forth for the original meeting. Except when a larger vote any, a Is mquited of by any provision of this Common Investment contract or the Bylaws, the Units voted shall decide any question and a plurality shalt elect a Director, 13 lip provision of this Common investment Contract or the Bylaws, or of , provided that where any h 1 applicable law, hermits or requires that the holders of any Series shill vote as a t Series voted on the matter shall decide that Series' insofar as majority Series eat Units concerned. matter ARTI x 1 ►~=NT AND DUTIES ompa section I. as heThe Fund shall at at, but subject to sncherestrktoom~lbmatatioasraadeo horny as custodian with rcia authority as may be contained under the laws of the State of Texas, this t tequiremeats, if any, ~ Contract of the Bylaws of the Fund: t) to hold the securities owned by the Fund In the name of the fund, or otherwise as authorized by the Directors; and to deliver the same upon written order; 2) own bane an department for of e{tewoneys due to the Fund and here as the Directors may direct'. sathe ad same is its 3) to disburse such funds upon orders or vouchers; h all upon such basis of compeasataos as may be authorized by the Directors. The custodian' i shall deliver and pay over all property of the fund held by it as directed by the Directort, or mo oy one and se vices onibehalf Of thercu todian~ians , The Directors also authorize e sub agents from time o time to the custodlaft to or at irectors may Section 2. Subjecitno th,ri ost°he securities owned by theDFuad (o t systeim (prhe t custodian to deposit all or y D ISM all securities of &by the Centf rdcularlclassdornseries of saayeissuer depositedhweithin the system are treated as p tangible Of such and it'be transferred of ovided that all such deposits shall be tub*t to icollateralizlationelivery of Securities, p a the order of the to the the extent t required by applicable law, and to withdrawal only uho Fund. "U"j-1 X1 ..,vseTnd A QFFI L section ioT~Z The Directors &hillndseble for to r inveach Series o of the Fund One f more to b investment officers who shall be Do he Fun etc that t hall tthereby desitaipe the Investment Officers fortthat Series as sucherameatal Entity s for erred Sefle Governmental t No personewhosIt o off leer oreemployee of fa red on loch plates, , pursuant t to to the e ILFA. isani pursuant commisson, council ter 391 1 LoealfGover governmentsCodeof alsregiWvOonal love$ went officer of pursuant t to Chap Chap the Fund or of any Series thereof. 14 SCOPE OF AUTHORITY Section 2. The Investment Officer of each Series shall be authorized to run the day-to-day operations of that Series in conformance with this Contract and such purpose:, objectives and requirements as the Directors may set forth in that Series' Series Supplement. Within the limits of such Series Supplement, the Investment Officer of each Series shall be authorised, to the fullest extent allowable by law, to deposit, withdraw, invest, reinvest, transfer and otherwise manage the assets of that Series. McNAQ,FMENT REPORTS Section 3. At least once each year, each Investment Officer shall prepare a written report concerning the investment transactions of the applicable Series for which such investment Officer is responsiblt for the preceding year, and describing in detail the investment position of such Series as of the date of the report. If the Directors have appointed two or more Investment Officers for it Series, those officers shall prepare the report jointly. The report shall be signed by each Investment Officer and shall be delivered to the Board of Directors and the Chairman of the Fund. ARTIC EAII nISTRIAUTIONS AND REDEMPTIONS 1 DISTRIBUTIONS Section 1. (a) The Directors shall have power, to the fullest extent permitted by the laws of Texas, at any time to declare and cause to be paid distributions on Units of a particular Series, from the assets belongtog to that Series; which distributions, at the electioo of the Directors, may be paid monthly or otherwise pursuant to a standio= resolution or resolutions adopted with such frequency as the Directors may determine, and may be payable In Units of that Series at the election of each Uoltholder of that Series. The amount of such distributions and the payment of them shall be wholly In the discretion of the Directors. (b) Anything in this Contract to the contrary notwithstanding, the Directors may at any time declare and distribute pro rats among the Unltholders of a particular Series as of the record date of that Series fixed as provided In Section 4 of Article XiV hereof a distribution In the form of Units. REDEMPTIONS Section 2. In eau soy holder of record of Units of a particular Strict deslret to redeem some or all of Its Ualts and withdraw such of Its soots as are represented by those Units, it may deposit at the office of the Adviser or other authorized agent of the Fund a written request or such other form of request as the Directors may from time to time authorise, requesting that the Series redeem the Unite in accordance with this Section 2; and the Unitholder so requesting shall be entitled to require the Series to redeem such Units, and the Series shall redeem such Units, at the Net Asset Value thereof next calculated (as described In Swine S hereof), The Series shall make payment for any such Units to be redeemed, is aforesaid, to cash from the suety of that Series. The Directors shall rpecify procedural pursuant to which a Usltholder may, under normal circumstances, redeem its Ualtt and receive payment thereon by wire and In the form of Immediately available funds within the same business day, but (subject to the following sentence) In any event, payment for such Units shall be made by the Series to the is %r V, i 1 J ( i I 1 Unitholder of record no later than seven (7) days after the date upon which the request is effective. Notwithstanding anything to the contrary, the provisions of this Section 2 of Article X11, and any procedures for the redemption of Units and the payment thereon, I shall be subject to Section 4 of this Article X11. I DETERMINATION OF NET ASSET VALUE AND VALUATION OF PORTFOI.10 ASSETS Section 3. The net Income of the Fund and Net Asset Value per Unit shall be determined as of the close of trading on each day the federal Reserve Bank of Dallas is open for business (and at such other times to the Directors may determine). The net income of the Fund (from the time of the immediately preceding determination thereof) shall consist of (1) all interest Income accrued on the portfolio assets of the Fund and (ii) less all expenses of the Fund. Such net income shall be determined on the accrual basis In accordance with good accounting practice. Interest income shall Include amortization of purchase discount or premium. Securities in the Fund's portfolio may be valued at cost or on the basis of market quotations (under procedures established by the Directors), In the discretion of the Directors. All the net Income of the Fund at the time of each determination thereof shall be allocated among sad accrue to each Unitholder at the time of such determioation In proportion to the number of Units then held by each Unitholder. If the act income of the Fund at the time of such determination Is a negative amount, the Directors shall have power and authority (1) to allocate such negative amount among the Unitholder In proportion to the number of Units held at the time of such determination and to offset the allocable share of each Unitholder of ouch negative amount against any Income accrued to such Unitholder, and/or (11) to reduce the number of outstanding Units of the Fund by reducing the autaber of Units of each Unitholder by that number of Units which represents the amount of Its allocable share of such negative amount which Is not offset against income accrued to such Unitholder. The Net Asset Value per Unit at the time of each determination thereof shall be determined by taking the value of ail assets or the Fund (valued on the some basis as in the determination of the net Income of the Fund at the time or such determination) less accrued expenses and trrea,ages and dividing by the number of Units then outstanding. For purposes of this Section 3, the term 'Fund' shall refer to each Series of the Fund If more than one Series Ii outstanding. The net Income and Net Asset Value of each Series, and of Units of each Series, shall be calculated separately from that of all other Series. I SUSPENSION OF THE RIGHT OF REDEMPTION Section 4. The Directors may declare a suspension of the right of redemption or ' postpone the date of payment for the whole or any part of any period during which to emergency exists as a result of which disposal by the Fund of securities owned by it is not reasonably practicable or it is not reasonably practicable for the Fund fairly to determine the value of Its Ott AU41L Such suspension shall take effect at such time It the Directors shall specify but not later them the close of builoeis on the busineu day next followiag the declaration of suspension, and thereafter there shall be no right of redemption or payment until the Directors shall declare the suspension at to end. Any suspension pursuoat to this Section 4 shall continuo only to long as the Directors conclude such suspension Is in the best Interest of the Unitholder. In the case of a suspension of the right of redemption, a Unitholder may either withdraw his request for redemption or receive payment based t a the Net Asset Value per Unit existing after termination of the suspension. 16 I ) 1 ARTICLE XIII LINUTATION OF LIABILITY AND INDEMNIFICATION LIMITATION OF LIABILITY Section I. The Directors and officers of the Fund are governmental officiais and shall enjoy the same immunities from liability and suit as are enjoyed by officers of the Participants. Provided they have actcJ in food faith under the belief that their actions are in the best Interest of the Fund, the Directors and officers of the For-1 shall not be ' responsible for or liable in any event for neglect or wrongdoing by them or any officer. agent, employee or investment adviser of the Fund, but nothing contained herein shall r bad faith. he would otherwise be subject by protect any Director against say fraud, willful misfeasance o liability reason of INDE NIFICATION Section 2. (a) Subject to the exceptions and limitations contained in Section (b) below: (1) every 1 (hereinafter referred / to gaIt, or has s a Co ered Person'),wh Iherf or not such Covered Person has been alleged to have been negllileat in the exercise of the duties of his office, shall be indemnified by the appropriate Series to the fullest extent permitted by law against liability sad against all expenses reasonably incurred or I paid by becomes InvolIn connection ved as a party or otherwise by virtue oft his being orahavt g been he Director or officer and against amounts paid or incurred by him in the settlement t thereof; I (11) the words 'claim,' 'action; 'suit,' or'proceadiog' shall apply to all claims, actlom, suits or proceedings (civil, erlmiool or other, Including appeals), actual or threateoed whits in office or thereafter, sod the words 'liability' and 'expeases' shall Include, without limitation, attorneys' fees, costs, judgments, amounts paid in settlement, fiats, penalties and other liabilities. 1 (b) No indemnification shall be provided hereunder to a Covered Person: r (1) who shall have been adjudicated by a court or body before which the proceeding was brouglit to be liable to the Fund or its Ualtholders by reason of fraud, willful misfeasance or bad faith; or (11) in the event of a settlement, unless there has been a determination that such Director or officer did not sogage In fraud, willful misfeasance or bad faith, (A) by the court or other body approving the settlement; (B) by at least a majority of those Director who are not parties to the matter, based upon review of readily available facts (as opposed to full tflal-type inquiry); or s review of (C) by written opinion of independent readily available facts (as opposed to a legal full trlsl•type inquiry); I 17 i i provided, however, that any Unitholder may, by appropriate legal proceedings, challenge any Lush determiration by the Directors, or by independent counsel. 1 (c) The rights or Indemnification herein provided may be insured against by 11 policies maintained by the Fund, shall be severable, shall not be exclusive of or y affect any other rights to which any Covered Person may now or hereafter be entitled, shall continue as to a person who has ceased to be such Director or officer and shall inure to the benefit of the heirs, executors and administrators of such Covered Person. Nothing contained herein shall affect any rights to Indemnification to which Fund personnel, other than Directors and officers, sod other persons may be entitled by contract or otherwise under taw, (d) Expenses in connection with the preparation and presentation of a defense to any claim, action, suit or proceeding of the character described In paragraph (a) of this Section 2 may be paid as an expense of the applicable Series from time to time prior to final disposition thereof upon receipt of an undertaking by or on behalf of such Covered Person that such amount will be paid over by him to the applicable Series if it is ultimately determined that he Is not entitled to Indemnification under this Section 2; provided, however, that either (a) such Covered Person shall have provided appropriate security for such undertaking, (b) the Fund is insured against losses arising out of any such advance payments or (c) either a majority of the Directors who are not parties to the matter, or independent legal counsel in a written opinion, shall have determined, based upon a review of readily available facts (at opposed to a trial type Inquiry or full Investigation), that there 11 reason to believe that such Covered Person will be found entitled to Indemnification under this Section 2. 1 'h EX OFFICIO DIRECTMI Section 2. For purposes of this Article X111, U officla Directors shall be considered Directors, except 11 off lain Directors shall not participate in any determination under Section 2(bxilxB). WSCRI r AN=Atre 3 FUND NOT A PARTNERSHIP Section 1, It Is hereby expressly declared that a separate and distinct governmental agency and not a partnership Is created hereby, No Director hereunder shall have any power to bind personally either the Fund's officers or any Unitholder, All persons providing services or property to, contracting with or having any claim against the Fund or the Directors shall look only to the assets of the appropriate Series for payment ' thereof or thereunder; and neither the Unitholders nor the Directors, nor any of their agents, whether past, present or future, shall be personally liable therefor. Nothing in this Common Investment Contract shall protect a Director against any liability to which the Direetor would otherwise be subject by reason of fraud, willful misfeaunce or bad faith In the conduct of the office of Director hereunder, to 4 , cu,o t]F Ac~E1't OF THE FUND r Section 2. The assets of the Fund shall be held separate aad apart from all other ` assets, including the assets of other Series of the Fund. Legal title to all of the assets of the Fund shalt at all times be considered as vested in the Fund, but as custodian for the proportionate benefit of the respective Unitholders. No Unitholder shall be deemed to have a severable ownership In any lodividual asset of the Fund or any proportionate rht of rtition Or Possession undivided beneficial Interest in the assets of the Fund orof a Series have a the Fund. ' I Section 3. The exercise by the Directors of their powers and discretions hereunder ; in good faith shall be blading upon everyone interested. Subject to the provisions of Section 1 of this Article XIV and to Article Xtll, the Directors shall not be liable for errors of judgment or mistakes of fact or law. The Directors may take advice of counsel and to he other I of this operation of %hill,be usubject no provieloas of Section respect be r required with such advice or for to give toy bond as s ch,lnorta yellow ' liability for any Directors omission shll i not accordance such avice. T surety if a bond is WOW, e, eeuntt:NT OF RBCORM 1 I ~ Section 4. The Directors may close the Unit transfer books of the Fund for a period not exceeding sixty (60) days preceding the date of any meeting of Uottholden, or the date for the payment of any distributions, or the date for the allotment of rights, or the date when any choose or conversion or exchange of Units shall go Into effect; or in lieu of closing the Unit transfer books to aforesaid, the Directors may fit In advance a date, not exceeding sixty (60) days preceding the date of any meetiag of Unitholders, or he date for payment of any distributions, or the date for the allotment of rights, or the date when any Choose or conversion or exchange of Units shill go late effect, it a record date for the determination of the Unitholders entitled to notice of, and to vote at, any such meeting, or entitled to receive payment of any such distributions, or to toy such allotment or rlshls, or to exercise the rights is case such Ualtholdeft and only such Unitholders is shall be Unitholders of record r a the date so fixed shall be entitled to such notice of, and to vote at, such meetles, or to receive payment of such distributions, or to receive such allotment or rights, or to exercise such rights, as the case may be, notwithstanding any transfer of any Units on the books of the Fund after any such record date fixed or aforesaid. T R "1 ' IONN, F F t D Section S. (a) The fund shall continue for a period of forty years and then tefmloate; 1 provided that on September I of each year beginning September 1, 1490 the remaining term of the Fund shall be extended for an additional year automatically so a contract among all Participants which have not delivered to the Fund by such dote a written this Section Sbsectioa (a) election not to to ; however, be extend sub)ct i to subsections (b) and of ovisions a( shall 14 I R , T 5 (b) The Directors may at any time sell and convert, or cause to be sold and 1 converted, into money Ili the assets of the fund or of any Series. Upon making provision for t or contingent, of he Fund or of the outstanding Series, the Dirrector$ may distribute rued the remaining assets of the Fund or of the affected Series. ratably among the holders of the outstanding Units of the Fund or of the affected Series. (c) Upon completion of the distribution of the remaining proceeds or the remaining assets as provided in subsection (b), the Fund or the affected Series shall i terminate; and the Directors shall be discharged of any and all further liabilities and duties hereunder, and the right, title and Interest of ail parties shall be cancelled and discharged. OP RECORDS ACr ILFFERENCEC HEAAINOSe PRINCIPAL OFFICE Section 6. (a) The original or t copy of this Contract shall be kept at the office of the Fund where it may be Inspected by any Unithotder. All records of the Fund will be maintained In accordance with the Open Records Act. (b) Anyone dealing with the Fund may rely on a certificate by to officer or Director of the Fund as to whether or not any supplements to this Common Investment Contract have been made and as to any matters In connection with the Fund hereunder, and with the time effect as if it were the original, may rely on a copy certified by an anthe Fund to be a cop of y such tupDement, referenlcesn to this Instrument, and supplement. In this Instrument or r in of exprestions like 'herein; 'hersof' and'hcreuader; shall be deemed to refer to this Instrument is amended or affected by any such supplement to this Contract. Headings are placed herein for convenience of reference only, and In Cate of any eooflict, the text of this Instrument, rather than the headings, shall control. This Instrument may be executed in any number of counterparts each of which shall be deemed an original. (c) The principal office of the Fund shall be located at Centerpolat Two, 616 Six Flags Drive, Arlington, TX 76005, or such other office is the Directors may from time to time determine. APPLICABLE LAIC Section 7. The agency act forth In this Instrument Is made in the State of Texas, and it is created under and, together with this Contract, is to be governed by and construed and administered according to the laws of sold State. The Fund shall be to administrative t the proviIons hereof, pursuant the s fund t may the exercite all powers t which e are ordirilyt exercised by such so ageey, Venue for any actions sitting under this Contract shall be within the eoafless of Tarrant County, Texas. AMENDMENTS Section g. (a) This Common Investment Contract and/or say Series Supplement may be amended by a two-thirds vole of the Directors of the Food. Such amendments will take h effect it a time to be fixed by the notice of such amendment hit been provided to all Participants holding Units of e.er Series affected by the amendment. Such notice shall contain a detcrlptloo of the 20 1 t I s Common tavatmcnt Contract (ore if the amendment is to ca Series not withdrawn tfrand o the. effecti the amenment IcCopies of he amendmentsshall bete shall beme themed tofhave coSeries) b nsentedyt ti de date kept in accordance with Section 6 of this Article XIV. creation of a new Sef of )I new Series Supplement lrshall be deemied antamendment of this Communes and Issuance Investment Contract but may be effected equire the notice to Participants desctibed by In such paragraph t (a).Dcopies or thesSeriesot r Supplement shall be kept as specified in Section 6 or this Article XIV. E=,` r%M s Section 9. The fiscal year of the Fund shall land it itiphecif adate as set changeforththe in the Bylaws; Qlevlded that the Directors may, fiscal year of the Fund. QEFECT Ae TO PROVISION OR PARTICIPAIM I i Section 10, (a) The provisions of this Contract are sevetable, and if one or more of such provisions are found to be In conflict with applicable law, such provisihowever ons shall betuch deemed never to have constituted a part of this Contract; nrovidCL that finding shall not affect or Impair any of the remaining provisions of this Contract, or reader lovalid or improper any action taken or omitted prior to such fiodleg. (b) the Fso d, byla dovetnmeaut Entity which Iso of 4 alified,byuv virtue of law knifer Series of or ` r otherwise, to to Participate, shalt operate to terminate this Contract or the in the Fu d. otherwise adversely Parttipsot Invalidate Participatlos and thenterests of he 10titles'. not to affect the Fund IN WITNESS WHEREOF, and duty authorised to do to by the actions of their respective ghive rning bodies, this the undersigned, its of e , Obeing all of ctober 1, the Initial Participants of the Fund, Initial Participants City of Fort Worth By: City of McKinney S nasehal It City Manaiat By. It/ North Central legal Council of aovernmentt ret 1 Pltst~ca E:eeutive Dlreeter 0y: E defclc2 2l , a a t. ATTACHMENT II her"£' 'Y. A~` ^i1',~ 1a r' ,'f wk A , !fCS i; vB X+X1 1 HISTORICAL COMPARISON OF SHORT-TERM INVESTMENT INSTRUMENTS i pp~! 4 , X h .a"t a "•"^'i K2^i'Xrw;ayIlk 30-DAY MONTHS TEXPOOL Lo Wr T-BMUCD* REPO" ' Jan '90 8.1247 8.25 8.00 8.00 Feb +90 8.1170 8.31 8.03 8.03 Mar 190 8,3080 8.39 8.04 8.05 A r '90 8.3012 8.45 8.03 7 95 Ms '90 8.2291 8.38 8.02 Jun '90 8022' 10) 8.26 7.98 8.00 090 8.2141 8.25 7.73 Au +90 8.1491 8.07 7.61 7.70 S $90 8.1176 8.07 7.35 7.90 7 Oct 090 8.0875 8.06 7.32 .90 Nov 90 7.8775 7.89 7.25 7.55 r p~ X90 7.7385 7.81 6.62 7.15 Ian 091 7.2856 7.43 6.38 7.00 *The City's CD rate is tied to the daily T-Bill rate. Because the maturities of our CD's range from one week to six months, we are exhibiting rates for 90-day T-Bill for consistent comparison. **For consistent comparison, we are exhibiting the highest yield in our portfolio for each of dv above months. 13-F,b-91 City of Deoton I . ~ t • y1JV SY{ a P 1 I HISTORICAL COMPARISON OF SHORT-TERM INVESTMENT INSTRUMENTS 8.b ir 80 Jan, 1990 to Jan, 1991 Jan YFeb Mar Apr May Jun Jul Aug Sep Oct Nov Dee in • TEXPOOL I ° L'GIFT ► T-BILL/CD 30-DAY REPO i i I {I t q~ a J 4y P lnfdf A \ f RESOLUTION NO- A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPROVING AN AGREEMENT FOR PARTICIPATION IN THE LOCAL GOVERNMENT INVESTMENT FUND FOR TEXAS; AUTHORIZING THE MAYOR TO EXECUTE THE COMMON INVESTMENT CONTP.ACT FOR PARTICIPATION IN THE FUND; APPROVING OF THE INVESTMENT OBJECTIVES AND PURPOSES OF THE FUND; AUTHORIZING THE TRANSFER FOR INVESTMENT OF PUBLIC FUNDS TO THE FUND; AND PROVIDING FOR AN EFFECTIVE DATE. I WHEREAS, the City of Denton is a local government within the meaning of The Interlocal Cooperation Act, Article 4413 (32c), Vernon's Texas Civil Statutes, as amended (the "Interlocal Act"), and as such is authorized to contract with one or more other such local governments for the joint investment of public funds of such local governments in any investments in which each such local government is authorized to invest its funds; WHEREAS, the City of Denton is authorized by the Public Funds Investment Act of 1987, Article 842a-2, Vernon's Texas Civil Statutes, as amended (the "Public Investment Act"), to invest its public funds in any of the obligations or securities described in section 2 or 3 of the Public Investment Act, as amended; i WHEREAS, the joint investment of local public funds is in the best interest of the City of Denton and its inhabitants; and i WHEREAS, the City of Denton therefore desires to authorize the joint investment of its public funds with other local governments pursuant to the Interlocal Act and to enter into a contract with such local governments to provide for the terms on which public funds so invested may be combined, invested, secured, and accounted for; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON; [EGTION I. Trat the terms of the Common Investment Contract j attached hereto as ExUbit A, including the investment objectives and purposes described therein, are hereby approved. The Mayor of the City of Denton is hereby authorized to execute, and the City Secretary is hereby authorized to attest, a Common Investment Contract substantially in the form and to the effect of the delega- describeddesignations, shall. be attached valste andc and the tions, apppr authorized, approved, and granted by the City of Denton without further act by the City Council. 1 a 9 SECTION 11 - That upon the execution of the Interlocal Contract by the City of Denton, each officer and employee of the city who is designated to be responsible for the investment of public funds of the City pursuant to Article 4413 (34c), Vernon's Texas Civil Statutes, as amended (the "Investment Procedures Act"), is authorized to transfer public funds of the City of Denton to the Fund to be created by the Interlocal Contract in order to acquire an interest in any Series thereof, provided that, in the case of any Series other then the initial Series created by the Interlocal Contract, (1) the funds of such Series may be invested solely in obligations described in the Public Investment Act or in any other obligations in which the City of Denton may lawfully invest its funds and (2) the City Council of the City of Denton has approved the investment rules and policies governing such investments. All such transfers shall be made in accordance with investment policies and procedures heretofore adopted by the City Council of the City { of Denton pursuant to the Investment Procedures Act, as such policies and procedures may be amended from time to time. SECTION -Ill. That all notices, demands, requests, drafts, consents, approvals, waivers, ballots, and other documents and 1 action which may be given or taken by the City of Denton under the # Interlocal Contract may be given or taken by any officer of the City of Denton who at the time is' designated pursuant to the Investment Procedures Act as responsible for the investment of funds of the City of Denton. ¢ECT ON iy. Each officer of the City of Denton is hereby authorized to take any and all action necessary to effect the Interlocal Contract and joint investments authorized hereby and to perforn any'obligation of the City of Denton thereunder. SECTION VI. That this resolution shall become effective r immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1991. BOB CASTLEBERRY, MAYOR ATTESTt JE1411IFER WALTERS, CITY SECRETARY BYt APPROVED AS TO LEGAL VORM: DEBRA A. DRAYOVITCii, CITY ATTORNEY ~{h l i PAGE 2 1 1 { 1 i DATE: 02/29/91 CITY COUNCIL REPORT FORMAT ^ r TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: CONSIDER A RESOLUTION REGARDING THE PLACEMENT OF A HISTORICAL SITE MARKER ON THE QUAKERTOWN SITE (CIVIC CENTER PARK) I ^ RECOMMENDATION: i The Historic Landmark Commission recommends approval. SUMMARY: The Historic Landmark Commission (HLC) has approved a local historic ! Site marker to be placed on the Quakertown site in order to commemorate the history of the Quakertown community as part of the ' heritage of the city, The HLC is proposing a ceremony be held on February 28, 1991, to unveil the site marker In conjunction with of ! Black History Month. The proposed wording for the marker and council resolution are attached. I BACKGROUND: r # In the late 19th Century, and until 1921 ' African-American community located on the siteenowwusedeas the civic Center Park, According to reports, Quakertown contained 58 + families, stores, a restaurant, a doctor's office, a mortuary and a barber shop. A city bond election proposal in April 1921 to create a City Park on the site was passed 367 to 2104 By 1923, the residents of Quakertown were required to relocate. Many of the residents moved to East Denton where they and their descendants live + today. k PROGRAMS. DEPARTMENTS OR GROUPS AFFRCTED1 f " a N/A 7 i FISCAL IMPACT: $500 R lly a bm ed: 1 Prepared byr Lloy Harrell City manager Marry I~ Persaud AICP Senior Planner Appr ARobbi I ank er AICP Executive Director Planning and Development 2539x r 7 t--~S"_ C J S" 1 J II 1 III I u RESOLUTION N0. A RESOLUTION APPROVING . THE PZIACEKENT pg _ MARKER IN THE CIVIC CENTER PARK TO COi4(EMOR~ATg LT}{E SHTORIC MA QUAKERTOWN. ISTORY SITE WHEREAS, Quakertown was a located thriving Atrican-Ame on the site o! the Civic Center Park African-American community century and until 1922; and in the late 19th WHEREAS, the residents of create the site for the Civic CenterePark and ocatad in 1923 to WHEREAS, the Denton Historic Landmark Commission recommends the Placement of a local historic site marker to commemorate the history of Quakertown; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: 219TI 1. That a historic site marker be Center Perk to Commemorate the histo placed in the civic ry of Quakertown. e 3 11=Q -11. That the Placement Of the said site marker be done # In conjunction with Black History Month. media N, That this resolution shall become effective im Y ~POrn its passage and approval, PASSED AND APPROVED this the 1992. day of BOB 61 TLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SFCRET,%Ry BY., APPROVED AS TO LEGAL FORMS DEBRA A. DRAYOVITCH, CITY ATTORNEY Sy: All h QUAKERTOWN ON THIS SITE FROM THE LATE 19TH CENTURY UNTIL 1921 STOOD THE THRIVING COMMUNITY OF QUAKERTOWN. THIS AFRICAN-AMERICAN COM- MUNITY WAS FOUNDED IN THE YEARS FOL- 4 LOWING RECONSTRUCTION AND WAS NAMED, ACCORDING TO ONE ACCOUNT, TO HONOR THE ABOLITIONIST PENNSYLVANIA- QUAKERS. IN M HEYDAY, QUAKERTOWN CONTAINED FIRTy,' EIGHT FAM LIES, STORES, A RESTAURANT, A DOC• , I TORS OFFICE, A MORTUARY AND A BARBER SHOP, IN APRIL OF 1921, A BOND ELECTION WAS HELD TO RAISE $75,000, TO CREATE A CITY PARK ON THE 27 ACRE QUAKERTOWN SITE, IN SPITE OF OPPOSI- TION FROM THE RESIDENTS, THIS PROPOSAL PASSED 367 TO 240. BY 1923, THE RESIDENTS OF QUAKERTOWN WERE REQUIRED TO MOVE, MANY OF THESE FAMILIES MOVED TO THE SOLOMON HILL AND HIRAM ADDITIONS IN EAST DENTON, THE FORMER QUAKERTOWN RESIDENTS AND THEIR DESCENDANTS COIITINUE TO CONTRIBUTE TO THE COMMUNITY LIFE OF DENTON, FEBRUARY 28,1991 I 1 I i HLC Minutes December 17, 1990 Page 3 of 4 In regards to the O'Neil Ford brochure Ms. bbofirst stated on the first page of the application the sentence should be changed to show that a citizen committee of the City of Denton worked on t e rochure. ' Mr. Cochran stated that the O'Neil Ford brochures could be placed at the Chamber of Commerce and well as other surrounding locations. Ms. Abbott suggested advertising in the Texas Monthly to allow individuals to send the City a fee for postage to have copies of the brochure sent to them. Mr. Cochran volunteered to,write the brochure for the O'Neil Ford Buildings. Mr, Persaud asked if anyone would be interested in going to the CLG Conference next November, 1991. Mr. Barker and Ms. Holcomb stated that they may be interested. Mr. Persaud stated that he would budget for three Commissioners and one staff member if anyone else should decide to attend. Mr. Cochran stated that before the Commission goes on to the next item on the agenda he wanted to discuss the University of North Texas building. He stated that } approximately one month ago he had written a letter to Fred Pole, the Vice President of Administrative Affairs, at the University North Texas concerning the old historical building on campus. In the letter, he stated that he, Mr. Cochran, would volunteer the Historic Landmark Commission to entertain the possibility of applying for a CLG grant, at some point in the future, to help the University in receiving National Register status for the historical building. This building the University currently has plans of demolitioning. Mr. Cochran recekved a phone call from Mr. Pole in which Mr. ofelt it sometime idea. added that 'the two of them would meet In the future. III. Discuss historical site markers. Mr. Cochran seated that the Commission would join items III. and IV. together. IV. Discuss site marker for Quakertown. Mr. Cochran stated that the Commission hay been discussing for some time placing a historical marker at Quakertown. F 1 i pop HLC Minutes 1990 page m4 of 4 1, has drafted language for the stated that he The draft read ,quakertow n, mMrar.ke Cor for n the he Quakertown. until century of on this site from the latcommunitynth Qurttownown. Till s 1921, stood the thriving was called Quakertown African-American community end for the Pennsylvania according to one local leg ears following Quakers that set tied here in the Y a doctor's In its hay day Quakertown contained reconstruction. stores, a restaurant, April of 1921 fifty-eight families, office, a mortuary, and a barber sh7So000nto pcreate a re Quakertown site- a bond election was he!' raise 1923 the city park on the twenty-seven ac Many of This proposal passed 361 to 2 and by residents Quakertown were required to move. i of ntonwheretheyto the Solomon Hill Addition n e o and their decendants live today." theseDeres East for the cost ethis M Shelton aCochran repliedpathe landowners buft or in the marker .e Pa parks Department may be ablpetarPment may help. pa case th cost. If not, he felt the Planning Ms. Shelton asked how much the ma ourket r $wo500 uld or a cost little Tom Miller, id it would cost ab Mr. Cochran sa mssioneo He added taamarkerx-cTomiMillerrdesigned the j bit more. has agreed to design original historic marker. Commission discussed the effect the relocation had The on the community. roceed forward to set up an oint ' Ms. Abbott moved to p the City official presentation of toebeiattendedrbyt some pnda during February of 1991, that there be an age council members and the Mayor, item on next month's agenda of a final draft the egative eleents of Man,- posed wording that continues to simultaneously the nag feasible, portraying conomically e the needs of format of marker the history with the need to be e ue or not, and also a final report concerning the le laq This as to whether it will be a pedestal plaque will P cost how much the wording on the plaque .y motion was seconded by Ms. Shelton and unanimousl approved (S-O)- V. Future agenda items. There were no future age:.da items discussed. . Abbott, seconded by Ms' Holcopbad p.m. It was movarri Msed (S-0) to adjourn the meeting at unanimously y c 2S19x , i CITY COUNCIL REPORT FORMAT Mayor and Members of the City Council T0: FROM: Lloyd V. Harrell, City Manager SUBJECT: Resolution Allowing the Denton Youth Sports Association to Sell Advertising Signs on City Athletic Fields and Scoreboards RECOMMENDATION: Approve a resolution which will allow the Denton Youth Sports Association to sell ..>.dvertising signs on City athletic fields and scoreboards. SUMMARY: This will allow the sale of advertising signs on outfield fences and scoreboards and will help all youth sports leagues generate additional revenue. BACK: Wayam ne Allen made a presentation to the Park Board and Council to explain , this proposal. This was approved by the Park Board and must now be approved by Council in the form of a resolution. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: The Parks and Recreation Department will work with the Denton Youth Sports Association and monitor this. n FISCAL IMPACT: No impact on Department but will help generate additional income for each youth sport group. RESPECT LILLY SUBMITTED: ~v A Lloyd V. Harrell City Manager Prepared by: Name teve Brinkman Title Director of Parks and Recreation *o ed; NamF Title l J 1 j E I 1 J CITY of DENTON / 215 E. McKinney / Denton, Texas 76201 PARRS AND RECREATION BOARD MEETING MONDAY, OCTOBER 15, 1990 5200 P.M. SENIOR CENTER MEMBERS PRESENTz Dalton Gregory, Chairman Roy Appleton lIi, vice Chairman Catherine Bell Rita Pilkey Carl Anderson STAFF PRESENTt Steve Brinkman, Director of Parks and Recreation Joy Beach, Senior Secretary f GUESTS PRESENT: Jerry Drake, City Of Denton Legal Department Wayne Allen, Denton Boys' Baseball, Inc. ' s I. MEETING CALLED TO ORDER I i The meeting was called to order by Dalton Gregory, Chairman, II, APPROVAL Of MINUTES r On a motion by Rita Pilkey, second of Catherine Bell, the minutes of the meeting of September 17, 19901 were approved, III, PRESENTATION BY CITY ATTORNEY REGARDING LEGAL ISSUES FOR BOARD MEMBERS AND AFFIRMATION OP QUALIFICATIONS ~ Jerry Drake, representing the City Attorney, said the Parks and Recreation Board can only act upon those things that were enacted by the entity that created the Board, As a Parke and Recreation Advisory Board, the Board cannot be put in a position of authority. Members of the Board can express opinions as individuals in an outside situation but not as representatives of the Board. He said that since it is an advisory board it is not subject to the open meetings act. When questioned about the item on the agenda which stated 'Other Business", Jerry said that other items may be added to the agenda as long as no action is taken. He suggested that the item should state, 00thet Business consisting of items and concerns brought by citizens, staff, and Board members on which no action will be taken,' i i parks and Recreation Board Meeting october 15, 1990 Page - 2 Other items of interest he covered were public hearings, conflicts of interest, and personal liability. He said public hearings should be posted as an agenda item. In the matter of conflict of interest, the ~ member would abstain from voting if in action would have a bearing on a i business in which a member had more than a 101 interest. Regarding personal liability, he said that as long as a Board member is following the established rules the Board member will not be personally liable, the City would be. IV. OLD BUSINESS 1. Discuss oualiflcations for Advisory Board Participation: I j The Board felt that the only basic requirement for participation was just an interest. Council appointed advisory boards have no formal requirements. 2, Discussion of Pees and Charges: Steve said he wanted the Board to be aware that the City had increased fees to generate additional funding with the cemetery C fees included but not parks and recreation fees, At the September 4 17, 1990 meeting, a list of proposed changes in parks and W recreation fees had been presented to the Board which were discussed. After the discussion, Roy moved the Board approve acceptance of the new fee structure: The department should monitor F the impact of the fee structure and report back to the Board, Carl g seconded the motion, and the motion was passed with a unanimous vote. V. NEW BUSINESS t ' 1. Presentation from Kathy Scott: This item was removed from the agenda at the meeting, 2. Presentation from Wayne Allen: Wayne Allen, representing Denton Boys' Baseball, Inc., read a statement requesting the use of athletic field fences for advertising to help alleviate some of the financial burden which was created by budget cuts. The proposed fee is $200 per sign and 3 will be installed at Evers, Roberta, hack, and Denla Parks* After receiving input from the Board, Wayne said he will submit a list of revised guidelines for consideration by the Board. Carl moved that the Board endorse the concept of advertising in city athletic fields which are used for youth baseball and aoftballe Rita seconded the motion. The motion was passed with a unanimous vote. qw- 4 1 W 1 f ~11 1 parka and Recreation Board Meeting October 15, 1990 page - l 3, Review Youth sports standards: Steve said he wanted to refresh the Board's memory of the youth sports standards which were approved in Aprilp 1988- He said two youth sports associations, soccer and girls' softball, have veered slightly from the standards. VI. OTHER BUSINESS ~ Carl told the Board that he cezsiders the new Avondale Park to be very nice, but it needs a restroom facility as do other City parks, He asked about the possibility of getting a neighborhood group to fund restrooms at Avondale. Steve said the department would look into the matter. I Dalton asked if the staff could come up with some recommendations for the use of the CIP funds earmarked for the two additional recreation centers. The Board felt that some of the funds should be diverted to improve our park areas and that those improvements would not increase our operation and maintenance costs, 1 VII. ADJOURN On a motion by Roy Appleton, second of Carl Anderson, the meeting was adjourned. 1 l i ~ 5 ADx00904 s J i , ~i 4 p i ft S H V n w 1 1 Z r 8&r I 1 RESOLUTION NO. 1 A RESOLUTION ADOPTING A POLICY REGARDING PLACEMENT OF ADVERTISING SIGNS AT CITY ATHLETIC FIELDS; DESIGNATING THE DENTON YOUTH SPORTS ASSOCIATION AS AN ORGANIZATION PERMITTED TO ERECT SUCH SIGNS; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Director of Parks and Recreation for the City of Denton has presented and together with the City Manager, recommend the adoption of a proposed policy regarding placement of advertis- ing Athletic Fields Youth Sports Association as an organizat on permitted to erect said signs; NOW, THEREFORE, I THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION i• The Policy Regarding Placement of Advertising Signs a at City Athletic Fields, attached hereto and made a part hereof is hereby approved. , t SECTION ~ I• The City Council hereby designates the Denton Youth Sports Association as a Designated Organization in accordance with the above-referenced policy. ' SECTION III. That this resolution shall become effective imme- diately upon its passage and approval. PASSED AND APPROVED this the day of 1991. , BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY ' J • \ l 1 E 1 i \ Policy Regarding Placement of Advertising Signs at City Athletic Fields Policy Statements The City, acting through its City Council, may designate a non-profit organization (known as "designated organiza- tion" to erect and maintain, according to guidelines, signs on the fences and the scoreboards at City athletic fields. Once the Council has designated an organization, the City Manager may execute a license agreement, for a one-year term, which may be renewed, with the organization. The Designated Organization shall { be responsible for compliance with the requirements outlined below. In the event of non-compliance, the license agreement shall provide for termination. Requirements: 1. Subject to the approval of the City's Director of Parks and Recreation, the Designated organization may select the size and type of advertising sign permitted. For scoreboard installations, the Organization must receive approval from the Director prior to installation. 2. The Designated organization may assign fields and dates for advertisements to its members but the Designated Organization shall remain responsible for compliance with these requirements. 3. The Designated organization shall be responsible for maintaining the signs and will replace or cause to be replaced any sign which has been defaced by graffiti or has suffered damage due to vanda- lism or other wear or tear. 4. In the event of damage as described in Paragraph 3 hereof occurs, the Director shall notify the organization that the sign must be removed within five (5) days. If, after five (5) days, the Organization has failed to remove the damaged sign, the City may cause it to be removed. If in the opinion of the Director, the sign presents a serious safety hazard, the Director, or his repre- sentative, shall notify the Organization and proceed to cause the hazardous sign to be removed immediately. 5. The Designated organization agrees to install signs level and plumb and in such a manner as to protect players from the fence. 6. The Designated organization shall not permit the erection of signs which: a. have a white background. b. promote the sale or use of alcoholic beverages or tobacco productsi or c. have any sharp edges or corners. J ~a1 7. The Designated organization may retain the revenues received from the advertising signs. 8. The Designated Organization shall indemnify and hold harmless and defend, the City, its agents, employees and officers or, at the City's option, provide for the defense from any and all claims on account of any injury or damage sustained by any person or persons arising from any act or omission of the Designated organization in installing and maintaining the advertising signs described herein, specifically including damages arising from the negligence of the city. i I d i f I E 1 i y i 1 i i i i i i i perk.p PAGE 2 I i February 19, 1991 CITY COUNCIL AGENDA ITEM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Lloyd V. Harrell, City Manager RE: CONSIDER RESOLUTION APPROVING REVISFD INFRASTRUCTURE FINANCING POLICY I RECOMMENDATION: ! The Public Utilities Board and the Planning and Zoning Commission recommended to the City Council on August the 1990 and January 16, 1991, respectively, approval attached Infrastructure Financing Policy. SUMMARY/BACKGROUND: In August 1988, the Denton Development Plan recommended an economic growth incentive policy that promoted balanced In response to this ~ growth throughout the City. recommendation, the Public Utilities Board and the Planning and Zoning Commission, in a joint meeting in February 1989 t approved the Guidelines for Funding and Selecting_ Develo ment Plan canZT3 ate water an Swwec Lin e 'Utility u e _nes prescr e a process y Department's Capital Improvements Plan would set aside up to $500,000 annually for water and sewer line construction J j to encourage economic growth in selected areas of the City. The Guidelines also prescribed rating and rar.king criteria by- w=-such lines would be selected for Bowere construction. In March, 1989, the Guide_ lines ard approved by the City Council and in May, , considered funding of lines along Marsch Branch Road. The Board also expressed its concern that several of the Guidelines' top-ranked lines were in the southern part of eC"i-ty where economic growth was already sufficient. EFi- Therefore, the Board proposed a revised Guidelines policy that abandoned the rating and ranking criteria and provided I construction funds only for lines serving industrial f prospects. d February 191 1991 r CITY COUNCIL AGENDA ITEM I TO; MAYOR AND MEMBERS OF THE CITY COUNCIL 1 FROM: Lloyd V. Harrell, City Manager j RE: CONSIDER RESOLUTION APPROVING REVISED INFRASTRUCTURE E t FINANCING POLICY !I I RECOMMENDATION: The Public Utilities Board and the Planning and zoning commission recommended to the city Councigust the 1990 and January 16, 1991, respectively, approval attached Infrastructure Financing Policy. SUMMARY/BACKGROUND: In August 1988, the Denton Development Plan recommended an economic growth incentive policy Inhatre promoted response to this growth throughout the city. recommendation, the Public Utilities Board and the Planning and Zoning Commission, in a joint meeting in February 1989 approved the Guidelines for Fundia and Selecting Development Plan Can ate water an sewer Lin e .utThiese t; u e nes prescr e a process y , Department's Capital Improvements Plan would set aside up to $500,000 annually for water and sewer line construction to encourage economic growth in selected areas of the City. The Guidelines also prescribed rating and ranking y criteria by wFf chi such lines would be selected for construction. in March, 1989, the Guidelines were approved +y the City Council and in May--T9-89F the Board considered funding of lines along Marsch Branch Road. The Board Guidelines' top-rankeds inesswerecinn theatsouthern parttof a t e ty where economic growth was already sufficient. Therefore, the Board proposed a revised Guidelines policy lines criteria and that onstructioned futhe ndsra only enf for ranking construction prospects. J 1 CITY COUNCIL AGENDA FEBRUARY 191 1991 INFRASTRUCTURE FINANCING POLICY PAGE 2 The Board continued to express its concern, about the Guidelines' selection process. Consequently, the andidat Line Funding and selection process was put in abeyance until January, 1990. At that time, the Board proposed a revised Guidelines policy that would follow, rather than / lead, econom c growth. The new policy would also do away f with thes aavailable ronlyntooconstcuct d liness thand at would j make fund serve industrial prospects which had committed to building facilities in Denton. f At its April 3, 1990 meeting, the city Council expressed directed revision of Therefore,fundamental its concerns regarding the the Guidelines policy. these htwoebodies and t e P ann ng an chengen9 Ccommission onsequently to the proposed policy exarr appointed two woimpmembers lementation~to end itstlyintegration with the policy, City's overall economic development policy. Pursuant to the Council's instrndiJuly 10 andm20,Qe19905 and j formed and met on May 31r 1990, 1 Following the Policy's revision per the committee's request, the Committee recommended pp ova of the Pol to the Public Planning and Zoning the Policy utility Board, Consequently, on Jul23, Hoard 1990, to the City was recommended by the Public Utility 990, the policy was Council for approval and on August 8+ Commission to the recommended by the Planning and Zoning City Council for approval. f Subsequent to the the policyrd was reviewede by CothessLegal recommendation, be revised to Department which requested that the policy inccr the ;,d r~stLocalg Gov ernmentwC odetsati Sectiont 380.001,, regarding the 'in.. the granting of public money to a private concern for the purpose of stimulating business and commercial activity. The policy was so revised to the satisfaction of the Legal Department. its January 16r 1991 meeting, the Public Utilities Board re ity Council. recommended approval of the policy to the C 6959U;2 _I 1 CITY COUNCIL AGENDA FEBRUARY 191 1991 INFRASTRUCTURE FINANCING POLICY PAGE 3 1 FISCAL IMPACT: Both the current Guidelines and the proposed Infrastructure Financing Polic~+ wo- ul-annually make ava a e uQ to n water Department CIP revenue funding and up to $250,000 in wastewater Department CIP revenue funding. bonds would , Funding from current revenue rather than from allow the department to use prior year allocations to fund future year projects and would increase total water system rates by 2.198 and total wastewater system rates by 3.428, PROGRAMS, DEPARTMENTS, OR GROUPS AFFECTED: City of Denton Utilities, Developers, Citizens of the Community, and new prospects. Respec ully submitted, L oy V. Nacre 1, c t Manager city of Denton, II Prepared/App oved by: » } ~ ~ 11 R.E. Ne son, Execut ve D rector Department of Utilities r i Exhibits A: Minutes PUB Meeting of 1/16/91 Proposed Infrastructure Financing Policy I: after Legal Review 11: Proposed Application for infrastructure Assistance III: Proposed Infrastructure Financing/Economic k I~ Analysis Model IV: Minutes CC Meeting of April 31 1990 V: Minutes of the joint PUB and Planning and Zoning of may 31, 19900 July lo, 1990, and s agenda item for July 20, 1990 69590:3 I 1 4 i 11 / I CITY COUNCIL AGENDA FEBRUARY 19, 1991 INFRASTRUCTURE FINANCING POLICY ti PAGE 4 VI: Minutes of PUB Meeting of July 23, 1990 VII: Infrastructure Policy as approved by Task Force, PUB, and Planning and Zoning before Legal Review dated November 9, 1990, VIII: Minutes of P&Z Meeting of August 8, 1990 IX: Resolution X: Candidate Line History I ~ i E e N Y S I 1 Ryy 1 6959U4 i t 1 I I 1 Excerpt N MINUTES PUBLIC UTILITIES BOARD January 160 1991 1 5. CONSIDER INFRASTRUCTURE FINANCING POLICY FOR ECONOMIC DEVELOPMENT. Ham pointed out changes recommended by the Legal Department. Chew made a motion to adopt the policy as a restructured. Second by Laney. All ayes, no nays, motion carried. Nelson advised that the Utility needs to re-consider the policy every year but is not required to put money in to the fund every year. For instance, to maintain this program in the 1991-92 budget will cause a 2.18% Increase i water and a 3.42% increase wastewater rates If funded out of current revenues. In `r i x ~ i i j i e t EXHIBIT, ELECTRIC DENTON MUNICIPAL UTILITIES WATER POLICY / PROCEDURES WW ASnVATER L~tI'RAS'I'~ICl1JRE FINANCING POLICY TITLE T ECONOMIC DEVELOPMENT POLICY CouncilmontsePlan ptemberc5, w1989, the As expresse~heY Dethe nton Denton adopted by 's economic development policy are as major goals of the City follows: + - to strengthen and diversify the urban economic base - to create a wide range of employment opportunities - to expand the City's tax base These goals will be accomplished principally through municipal efforts to: - attract basic industries to Denton - encourage basic industries already in Denton to expand locally. utilities is to and efforts by Department The City Council's economic development goals policy support the city offering basic industries economic incentives, principal This among which is the Infrastructure Financial Program.locating Program will lower a basic industry the City to absorb ' cost of to or expanding in Denton by allowing of water part of the cost to construct the following types and sewer mains: seworeexpandedr mains ewer which a ivisionnordinanceTe required subd b the ose water and th y Funding POLICY improvementsePlan (CIP)e tUti helPublicpUtilities Boardashall consider the allocation of up to ram. 00 annually to fun This allocation shall the infrastructure Financing Program. consist of $250,000 from the Water Department's CIP and ;250,000 from the Wastewater Department's CIP. PACE 1 OF 5 - r.~ = EXHIBIT I i I _I i ADMINISTRATIVE POLICY / PROCEDURE Page 2 - i Flalloaca such consideration, the Public Utilities Board shall an Infrastructure Financing Program fundingouncil mendation to the City Council and the city ; l determine the Program's conditions and funding level. + hhat tionowhicheremainsuunobllgated uatutheFcloseiof thegram allocated aforbinfrastructuaetFinancingdinathecfollowing e cationgshallonoteexceed $2tmillionaat anYbtimeted annual During its nsidshetPublic UtilitiesfBoardushall evaluate 1 Program fundiding, the Program's results and report that evaluation to the City council. ~ Selection Policy , (A) Infrastructure Financing shall be provided only tos 1) industrial prospects which have committed to building facilities in Denton 2) building prospects whichcommitted to n Denton a) isell a ndividuals rorybuof their sinesses goutside ofr to and/or sum in De b) wmanu erefpreviouslydmanufactur dpoutside ofnDentoton 3) Corporate headquarters facilities prosects Denton which have committed t building (B) All requests tInfrastructute inathise subject cy. to to Policy. This analysis shall determine the subject utility line's construction benefits and cost over a five year period. Infrastructure Financing may be available only if the line'sconstruction construction. to or benef exceedtthefcothe st of the line's . r ' ADMINISTRATIVE POLICY / PROCEDURE 1 Page 3 (C) For purposes of the economic analysis: 1) Construction costs shall consist of 1008 of: a) debt service associated with the subject utility line's construction, and b) return on investment associated with the completed subject utility line. t 2) Construction benefits shall consist of 258 of: i a) revenue from ad valorum tax on prospect's local property, plant and equipment, a b) revenue from sales tax on prospect's products and services sold by the Denton facility, c) revenue from sales tax on local purchases by the Denton-resident labor force generated by prospect's locating in Denton. and 1008 of: d) revenue from sales tax on prospect's local purchase j of its facility's construction materials, and e) revenue from that portion of the prospect's local consumption of Denton utilities that is contributed toward the return on investment. } (D) Funding of prospects shall be based on their dates of I application; i.e., first come, first served. (E) Lines under consideration shall begin at an existing city main line and end at the closest technically feasible edge of the prospect's property. (F) The funding recommendation shall state funding limits for the total project and its construction components as well as a time limit on the funding committment. s S 1 i s 1 i t s I ADMINISTRATIVE POLICY / PROCEDURE 1 Page 4 (GI Funds shall be disbursed to the prospect or the prospect's designee only as follows: 11 upon presentation of a Certificate of Occupancy for the prospect's Denton facility, or i 2) in intermittment payments as construction of the ? subject utility line progresses. (H) Unobligated project funds shall be returned to the Infrastructure Financing Program account. a Application Process_ Step 1 ' i Infrastructure Financing applications shall be available 4 from the City's Economic Development office. This Office shall: a . provide prospect with economic assistance information I . provide prospect with an application form and assist with its completion ' . notify affected Departments of prospect's application . coordinate the prospect's access to City Departments . prepare an economic assistance package for the prospect Step 2 Completed applications shall be returned to the Economic Development office which shall forward a copy of the b prospect's completed application to: Planning Department - prepares land use analysis , Utilities Department - prepares five year economic } analysis, and technical and cost assessment of providing utility service to the prospect Step 3 3 . The Public Utilities Hoard shall review the prospect's application, the technical issues of providing utility service to the prospect, a completed economic analysis and forward a recommendation for funding consideration to the Planning and Zoning Commission. such recommendation may support the prospect's request for an exemption from those provisions of the Sub-Division s ordinance regarding the extension of utility lines. ADMINISTRATIVE POLICY / PROCEDURE ~ s Page Step 4 The Planning and zoning commission shall review the prospect's application, a completed land use analysis, the economic analysis, and the Public Utilities Board's recommendation and forward both the Board's and its own recommendation to the city council. €j CLPOLICY.DOC l f , 4 1 i a j g 3 s r i I 1 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - r APPLICATION FOR INFRASTRUCTURE ASSISTANCE MAIL TO: DENTON MUNICIPAL UTILITIES COMPANY NAME:------------------ ATTN: R.E. NELSON, ADDRESS EXECUTIVE DIRECTOR 215 E. MCKINNEY DENTON, TX 76201 (817) 566-8230 Contact Person: TELEPHONE { ) Title: Nature of Business: Years in Business: # of Facilities Nationally in Texas-_ - Type of Facility Nearest Similar Facility Are you considering other locations besides Denton? Yes No if yes, where: Major Factors that will Influence your Decision: asaraaaraar aaraaz ==mum=s cra asaaaraaarasaraar:aarsaasaarrsaaaasrea:aaaaa■ PROPOSED FACILITI Location of Denton Site Site Acreage Have you acquired site? Yes No if no, at what stage is acquisition? Square Footage of Facility: Number of Buildinge: I Type of Construction: - Estimated Value of Construction: _ Anticipated Construction Starts Completion: Anticipated Opening Date: Date Received: By: Utility Administration Department City Hall Denton, Texas 76201 . APPLICATION FOR INFRASTRUCTURE ASSISTANCE page 2 l COMPANY NAME: 1 EMPLOYMENT Initial Size of Labor Force: Anticipated Payrolls $ (all employees) i Eventual Size of Labor Force: Anticipated Payroll: $ i Types of Employees (i.e., production, etc.) Number of Employees to be Recruited from the Denton Area: Anticipated Payroll of Denton Recruits: $ UTILITIES Facility's hours of Operation (M - Fri) (Sat) (Sun) ELECTRIC: Anticipated Kilowatt Hours (KWH): p, (if ciailable, submit actual consumption from similar facility) { ` Anticipated Demand: (if not available, what will be your electric system's design?) What Type of Power Equipment will Your Facility Utilize? t (include HVAC size, etc.) WATER/WASTEWATER: , I, Anticipated Water Consumption: Gallons per r (if available, submit actual consumption from similar facility) Peak Watei Consumption: Gallons per Hour What portion of your water consumption will be discharged as runoff? (lawn sprinkler system, etc) Gallons per Anticipated Fire Flow Requirements? Gallons per Minute Additional Information: Receiving Department Route Copies to City Manager, Economic Dev. Office ! - 1 1 1 INFRASTRUCTURE FINANCINVECONOMIC ANALYSIS MODEL Page 1 1 XYZ, INC. 2 February 5, 1991 3 4 Analysis window: 5 years S 6 $92,000 as estimated by Utility 7 Construction Cost: Department Staff 8 + 9 capital Cost: ' 10 - see (1) Bond Amortisation Debt Service: 142,320 11 Schedule below M 12 (principle plus 7.5% 13 annual interest) 14 24,840 sae 121 Return on Investment i 15 Return on Investment! Schedule below 18 (6% annually) 1 s 17 $671160 add lines 11 and 15 18 Capital Cost Total: 19 (Debt Service 4 ROI) 20 92,543 from page 3 21 Benefits Total: 22 $25,383 t-- subtract line 18 frog line 21 c, =ss~sasaaa:',' 23 Net Benefit: ( f Financing is approved if net benefit equals or exceeds cost. „ (2) Return on Inveetaent Schedule (11 Bond Amortization Schedule (Assumca 20 year life and 6% ROI) (Principal Pot 2% Years 1-6 and 6% Years 6-20) Begin Annual Ending Annual Begin Princp lntrat Total Ending Year Balance Paymnt Payant Want Balance Year-- Balance Deprec- Balance .ROI . 1 192,000 {4,600 {81,400 $5,520 1 $92,000 {1,840 $6,900 {8,140 $90,160 2 81,400 4,800 829800 5,244 2 900160 1,840 81762 8,602 880320 3 82,800 4,600 78,100 4,988 3 88,320 1,840 6,624 8,464 86,480 4 78,200 4,600 73,800 4,692 c"# 4 880480 1,840 8,486 8,326 84,640 5 73,600 4,800 69,000 016 5 84,640 1,840 81348 80188 82,900 $9,200 1133,120 $42,320 Totals $23,000 $391,000 124,840 ,r ~ s. EXHIBIT2 r b ~ 1 lLPL18SI4CS9li PI161CilOILC910iiIC alaLillS NODIt P►141 1 Inttitt 3 allitatt't Ci:y'1 Ste let let Su 3 Property, City '1 Citf'I Will Iola 1.'ttl Lett over t iahati41 !u ht Il I►1 I Plul i Stan 6 Plitpttnt Otlt Itltitiot late Lily 11101 tell 141 t 7 ; i t t t t t ' ! 109 + 13!,104 1 {0.{l + 113,131 1 1St = {1,411 t S learn v 01,11E , ! Proptrll tit 101111, 1!,110,900 ! 10 City 'I Set let let to 1S late wail Levi over 12 alp1lc►tt't City 'I ~Ittt ii to 11 1ltitited ltlet 14101 Lily 1 tan h►tal Sates tat till ; 14 v lS ~ t t t Si Sties Su tet4141: t I t tit = 119,004 s s yearn + {50,004 j l1 N,904,000 a 14,01 10,000 trot Prodlctollertictl • 1B Ill, Instal 1! Petceat of Iatbtr of 3Q Sat►1 441t41 S►I►tl one !1 lpplic►nl'I Sabot tats! Labor force j 13 4stittled Litill 11 1.1111E it let late Libor force l ltadntreet of►t41 131e1o1 Witted l!{6, eft, 11 LtbJr force Nktol ' t t t it 2; t lq1 + 13.1 e 3 = 17,1 1 13!,103 + 1S 26 Irelltploltnt 31 told an11o.1 19 fot►1 Citl'I set let atoll 91t141►b11 Its to Itcole of lecot4 of City 'I Lott! late IttTi 10 till over ~ 11 61141 to Il tat 31 Wetted litpolible Witted I tan iec41t ltbor force to tell WOW Lety 11 Libor Force 34 f ~ t ! ~ t t 11 1411,161 t 491 = 134lists 1 10.01 + 13,1111 151 = lilt t S Inn + (4,449 36 tit E111111 upetttd to be t41ented by till 61111c41t tltt tit be r41eoubli 1141 11: the percnttle ttptn4tb t1►t lottl41 it wu1 itttlbited to 1611ittncure fi41ncill late 11. tilt tuber telte141t1 411 luterredda+. 411141141 leatnted If tie ipplltut'1 lot►titl it otttot, ; , 1 r IIBILSi110CtOls {IIUCIICltC91911C flivill R901L Ms 3 billeted Co11trtctiol iglu of Ce1L of lkterltlt It C011tr1ctlol City 't City's sit let let tar # Ip1lie11t's P:rcut of laterlllr 811111 Will We laical I Batlllt► Coilcnctioa Perckutd Tar tat 11 1u Leif aler ~ 1 fear Corti it Deitch late tell Blfas tely 1 Bales Tat 111114111; + + 1 fret Coutractiot 6930,000 s 301 = 6615,400 t {0,01 = 16,180 t 1401 = 11,130 t 1 leap _ 11,1134 i 3 k Cottribttlot { Cottribttioa { haul 3 Nettkll to to I s h1e14t 1111etle l4I 1191 at,' 1 t i = 616,132 1 Otillty 1111111111 11 + Ol = 611130 e 1 11121 1 fiat llectrie (CS) ~i,l{! r 12 {96,361 s ` l0 r. ~ J I 11 CISetLttoa of Nattily 111clrle lelut! 11 I E I 13 1 11 13,300 t O,C6361►1131,616 2,8001 t 0,035} + (31,616 t 0 Ol3i►1(S2L0 101ri1 + 20 111861 I , I 1 1 is It fiat rite seeotd rate lattly denod Well facility 11 late rate Colt rate skull ' 19 black block 6dietutt 19 (ICA) k? 2! 23 27 C11c1Utio1 of lottkly lat1r11u111attr lelent! ' 26 (lull 0110,000 1411011 per took cou11ptioal 13 6,11 = t s = 16 NO later (IC, 1 itch}• 6156 1121 years 1620 r l1 + U,131 t iL63 = 6111 e 6 ytui = 1118 If fill stilt (1C0} 1131 a 11 = {1,111 t 36 , lttitder facility lots I1; tilt ptrcutalt relrelettt tkat lortiot of Intel tat M4114 Mittel to be 11koW4d ly the 11111e11t tkat cu it fe11otabif attrlktted to Itfr11tattttt liutcltl r g. c 1 1 Page 1 Infrastructure Financing/Economic i Line Analysis Model Narrative A five year analysis window is standard among 1 Institutions. A longer term analysis window wouldaaffect reliability. 7 Construction It cost is estimated b includes vendor costs by Utility Department staff. Plus 358 foT administration. 11 Debt service is predicated on a 28 annual and a 7,58 annual interest payment. principal payment 15 Return on Investment to the General Fund is an annual, non-varying 68 of construction costedicated on I 18 Capital Cost Total is composed of Debt Service Plus Return .,k on Investment. i i 21 Benefits Total is composed of; Property Tax Revenue Sales Tax Revenue froml • products and services . employees' disposable income . construction materials' . Util cost ity Service Revenue I Page 2 Infrastructure Financing/gconomic Analysis Model Narrative I~ Line 9 Property Tax Revenue is applicant's plant, propertyo and eed uon of i $0.61 per 1100 is expected that 258 of this revenuewill m betdirvalue. ectlylt is attributable to the Utility Department's financing. dollar value of this percentage is represented bygNethe Annual Tax Levy, 17 Sales Tax Revenue from applicant's loa and services is predicated on $0.01 al sale of products sales. It is expected that 258 of thisrrevenueowillobe directly attributable to the Utility Department's financing, The dollar value of this percentage is represented by Net Annual Tax Levy, 26 & 36 Sales Tax Revenue from Em to I disposable income factor of 40%,Itsisrexpected that at ' least 508 of the appliccnt s employees will live in De + and that each one of these Denton-resident employees will, in turn, generate two additional man-years of employment for other Denton-resident employees. 1 a i I 1 ~I r Page 3 Infrastructure Financing/Economic Analysis Model Narrative i Line a ' 1 Sales Tax Revenue from Construction is Predicated on 50% of the project's cost being expended on construction materials and all of those materials being purchased in Denton. 9 Calculation of monthly electric revenue is the electric consumption of an existing applicantafacility r of similar size. When no such facility exists, consumption is based on the applicant's estimates or the facility's size, intended use, equipment, and electrical system design. The Contribution to Return on Investment (ROI) percentage represents the portion of the applicant's anticipated utility payments that will accrue to the ROI. 15 Electric service will normally be provided to an applicant under the General Service (GS) rate schedule. Under this schedule, the first 2500 KWH's are billed at .0656 cents ' per KWH; all additional KWH's are billed at the rate of .035 cents per KWH. In addition, all KWH's are billed at the Energy Cost Adjustment (ECA) rate of .019 cents per KWH. Monthly Demand is equal to the highest KW usage during as registered on a customer's demand meter and is billed at the rate of $7.00 per KWH. The Facility charge is $20 per 30 days of service. 26 Calculation of monthly water revenue is based on water consumption at an existing applicant facility of similar size. When no such facility exists, consumption is based on the applicant's estimates or the facility's design, intended use, and equipment. Water service will normally be provided to an applicant under the commercial/Industrial (WC) rate schedule using, for purposes of this model, a 2" water meter. Under this schedule, all water gallons are billed at the rate of $2.20 per each 1,000 gallons. The Facility charge for a 2" meter is ;22.25 per 30 days of service. The Contribution to Return on Investment (ROI) percentage represents the portion of the applicant's anticipated utility payments that will accrue to the ROI. J p..w E ~ 1 1 r I~ 1 Page 3 (cont.) 27 Calculation of monthly sewer revenue is based on the 4 { applicant's water consumption. Sewer service will normally be provided to an applicant under the Commercial/Industrial (SCD) rate schedules. ;j Under the SCD schedule, monthly wastewater gallons are calculated as 98% of metered monthly water gallons. All t wastewater gallons are billed at the rate of $1.85 per each 1,000 gallons. The Facility charge is $22.25 days of ; service. The Contribution to Return on investment (R01) percentage" ;s represents the portion of the applicant's anticipated 3 utility payments that will accrue to the Rol. ;y f i p i ~ w t, t d i 1 EXCERPT FRCM CITY COUNCIL MINUTES April 3, 1990 S. The Council held a discussion regarding proposed changes in policy for candidate water/sewer lines, Bob Nelson, executive Director for Utilities# reviewed the background information on the policy. The Land Use Planning Committee developed a concept of balanced growth - not only geographically but also between residential and industrial The Public Utility Board devised a $5000000 a year concept in which different areas would be looked at and that money would be available to help industrial customers or some type of development. Out of that process, a whole list of criteria and schedules were developed, It was felt that the guidelines became quite complicated and unworkable. The Public Utilities Board was suggesting the following policies! (1) during its annual review of the Utility Department's Capital x improvements Plan, the Board would consider the allocation of ¢500,000 for the construction of candidate water and/or sewer lines to serve only industrial prospects which had committed to I I EXH1BIT........_... 1 i i City of Denton City Council Minutes April 3, 1990 y Page 4 building facilities in Denton, (2) the City of Denton would adopt a policy of 'responding- to growth rather than attempting to 'lead' growth, (3) all candidate water and sewer lines would be submitted to the Public Utilities Board to be considered on a case-by-case basis, (4) only those candidate water and sewer lines which would serve an industrial prospect which had ' committed to building facilities within the City of Denton, ' Texas, would be considered, (5) the Public Utilities Board would prescribe and obtain from each industrial prospect appropriate evidence of the prospect's commitment to building facilities within the City of Denton, Texas, (6) upon review of such evidence of commitment, the Public Utilities Board might j recommend to the Planning and Zoning Commission that funds be made available to provide water and/or sewer service to the prospect's facilities, (7) annual funding, through the Capital Improvements Plan, in the amount of $5000000 for the construction of candidate water and sewer lines would be continued, but the cumulative total of such funding would not exceed $2 million at any time. These proposals had not yet been to the Planning and Zoning Commission, Council Member Gorton asked about keeping some money for non-industrial purposes. Nelson replied that $IS0,000 would be placed in the Capital Improvements Plan for non-industrial purposes. i Council Member McAdams suggested that the wording 'lead'/'follow" might not be appropriate. She felt that the intent was to be able to respond to a proposed development. It was not proposed that sewer/water lines would be developed in advance, in anticipation of future development. The funding ability was needed to be available so that when a prospect came along, negotiations could be done. Mayor Pro Tom Ayer stated that he had reservations about the ' proposal as it proposed very substantial changes in policy, He was concerned about the change as he felt the concept of balanced/compact growth was a valuable one and should be preserved. ' He was also concerned that this was a key part of the report of the Land Use Planning Task Force which he did not want to see abandoned, Nelson replied that the concept was still there. it was saying that the money was available but instead of trying to put it in the ground where nothing existed and no commitments existed, it was making the money available. The Council then convened into the Regular Session at 1:00 p.m. in the Council Chambers. I =S R U NE - MA 31 19 90 A 7100 AM i In Attandancet i Robert C, David.HAM, P.E•o Directo=u clvtetaeasjWU tewaeiriUtilitiss k Frank Robbins, Robert Executive Director of Planniaq/Community Develop. Mark Choww,,MMimpdr, Msfter ppubblicpUeilities Boaas Board Jim Engelbrecht, Member, Planning and Zoning Commission Ivan Glasscock, Member, Planning and Zoning Commission Frank Robbins opened the meetin b City DevelscPasunt Guide partainifornqdet tea Utilitiestand 2ltthilwatertarsd sewer Liner Guidelines used rtmining candidates, prsorities of eligible Frank Robbins and Robert Nelson recapped the history of the candidate { line concept and how the guidelines had failed to attract new business into Denton. Several ideas were introduced by the public Utilities Board membersl a) The 1500,000 (=250,000 for wa b t aside each year for c ter/12500000 for sewa would • - ink candidates go& b) Unencumbered funds would be allowed to grow to not more than a total of 12,000,000, c) These monies would be used to follow growth, not to lead growth. i Robert Nelson also introduced an economic model to be used to evaluate the benefits of a caamsitted industrial prospect. Payback of benefits to the City of Denton must e=G*d projected capital costs of investment wou,drbe cai~i~ The follows, benefits accruing to this a) 251 of ad valcrum tax on prospects' property b) 231 of sales tax on prospects' Denton sales i services c) 1001 of construction sales tax d) Prospects' electric consumption payments contribution to return on investment ]1 e) Prospects' water consumption payment contribution to return on investment ~XH I BIT,.,..,. & f) Prospects' Wastewater payments contribution to return on investment - 12% g) Each of prospects' employees can be expected to generate two additional Denton employees h) 901 of prospects, employees and 30% of additional employees can be expected to reside in Denton 1) 25% sales tax of employees disposable income I j) disposable income equals 401 of total incom k) Candidates would be handled on a first can, first served basis. A general discussion followed in which there was no consensus of i f opinion. A follow up meeting was proposed when a firm agenda could be established and the staff could return with a proposed plan which f could be written into an ordinance. Meeting adjourned at 800 A.M. j a. I I ~ I 2DII09a.Doc - T .r ti \1 r EXHIBIT,..X Minutes Infrastructure Financing LOOM ittee ,Meetiat ruesaav. July IU, lyau I 7:UU A.M. Committee Nemoers In Attendance: John Thompson . Public Utilities Board Mark Chew - Public Utilities Boara Jim Englebrecht - Planning and Zoning gommission Ivan Glasscock - Planning ana Zoning Commission Staff Members in Attendance: Bob Nelson - Executive Director of Utilities Frank Robbins - Executive Director of Planning Dave Han - Director, Water/Wastawatsr Utilities Joseph Ialenti - Adainistrative Assistant. Rater/wastewater Utilities The meeting began with a review of the Economic Analysis model. At Bob Nelson's request. Joe lalentl walked the Committee members through the model. Jim Engiebrecnt asked about the origin of the various percentages that were used in the model to calculate tax revenue benefits. He alto wanted to know how staft determined that 6U% of any new prospect's emplovees would reside in Denton. He stated his concern that the nubllc might also Ilk suer questions and staff should be Dreoared to Dack up any percentages used in the model, rrank Robbins ` responded that staff might be able to document these percentagesi however, whatever percentages were used. the same percentages would be applied each time an analvsis was done. John Thompson was concerned that a large industrial utility consumer such AS Matsushita eight require expenditures for Denton's construction of additional utility capacity such am an expanded water plant, gob Nelson admitted that was a possibility, but stated that it was not accounted for in the modei. Such an expenditurs would need special handling and approval. The Committee accepted the Funding policy, but sugga sted changes to the Selection policy and the application process. Jim Egglebracht questioned the definition of value-added goods as used in the Selection policy. Since no definition could be agreed upont that We was replaced with one referring to goods previously manufactured elsewheres but consumed in Denton. r jt ` ' Q 1 1" Vr 1 a I 0 1. Minutes Infrastructure Financing Committee :Meeting Pale E John lhososon wanted to know if service industr as would be elillble for funding. The Committee agreed to include specific policy language permitting funding for corporate headquarters. Mr. Thompson also thought that the Infrastructure policy should be available not only to new local industries, but also to existing local industries that were expanding in Denton. The Committee recommended tnat the intermittmenc disbursement of Infrastructure funds be permitted as construction work on the sub.leet utility lines progressed. Thera was such discussion concerning the chronology of Board and Commission reviews and recommendations. Frank Robbins presented an alternative chronology in which the KB forwarded its recommendation to P k 1 which. in turn, forwarded its recommendation and the Board's recommendation to the City Council. The Committee accepted this chronology. j The Committee next considered the policy's Suggested waiver ~ ` of that provision of the Sub-Division ordinance requiring ` the construction of utility lines across the frontage of a ? 1 prospect's property. John Thompson thought that she model include the cost of this frontage infrastructueven if the requirement were waived. Dave Has explained that the the financing of infrastructure to the edga of the prospect's property was an incentive for the prosoect. To then require that the prospect spend its own money to extend utility lines across its frontage from their property edge would effectively remove that incentive. Mark Chew requested that the Committee meet again on July r 200 1990 at 1100 A.M to review the policy after the suggested chahges had been made. Y . S 1 July 20, 1990 DATE. SELECT COtq~ITTEE AND PLANNING & ZONItGa COMMISSION PUBLIC UTILITIES BOARD MEMBERS OF T.., PUBLIC UTILITIES BOARD AND PLANNING & ZONING TOs COMMISSION OMM NELSON, EXECUTIVE DIRECTOR OF UTILITIES FROM. SUHJs INFRASTRUCTURE FINANCING POLICY ENDATiONt REC0bII4 to Committee consider recommending and zoning commission That the infrastructure rd Fand the inancing Policy. the Public Utilities Boa, infrastructurenFinancing approval of the attached r BACKG 1988, Promoted balanced growth throughout the in August, the Denton Development plathe public Utilities Board growth incentive policy that P endation, in response to this recomm in a joint meeting in city and Zoning Commission+ rundin and Selectin and the Planning These Guidelines February, 1989, approved the Guidal nes for ines. wee t a Uti tY Department's water lo went Plan candidate Water and tc =5001000nnnuall CaP tY o is up Dave for preset e a process Y growth in selected Improvements a plan co would seion talso prescribed a rating and ~ and sewer line construct Guidelines encourage ld be selected for City areas of the city. which such lines wou roved by ranking criteriin bMarch, 1989s the Guidelines were approved lines along construction. 19890 the Board considered funding Council and in May, Masch Branch Road. where economic The Board also expressed its concern that several of the Guidal nes part of the City Bred a top-ranked linen were in the southern ranking se iolent. Therefore, the Hoar pr was growth was already oliey that abandoned the rfornl and ines serving revise d Guidelines p craues~rialnProprov spectsa construction funds only in tho City council reviewed the C During Its April 3, 1990 meeting, e, he Council directed the soard revised Guidelines n Of policyed its concern Thereform tmittee to reexamineittiee fundamental revision joint omen .1 a Board and the Commission to form a on's J in °91iOnl The Committee revised policy, pursuant to the Councilly 10, 90. ended some . ' but was formed and held its first meet ng its t Policy, entative app ,oval reviewed the new Infrastructure Financing The n July 20 review o changesetoimeataagaineforifinal Policy Committee EV ~ 1 a I } c FISCAL IMPACT: Both the current Guidelines and the proposed Infrastructure Financing Guidelines call for up to $500,000 of annual Utility Department Capital Improvements Plan funding. No other fiscal impacts are anticipated. PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: City of Denton Utilities, Developers, Citizens and New Prospects Respectfully Submitted: .E. NELSON Executive Director of Utilities P Iep a red Byt 40 SEPH • IALENTI dministrative Assistant ~ j Approved By: A • zr . DAVer/WastewI HAM, DIRECTOR ;tater Utilities s ti e INFRA.DOC h a 1 EXCERPT OR/~ PUBLIC UTILITIES BOARD ^ ~r MINUTES I July 23, 1990 i 7, REVIEW AND CONSIDER INFRASTRUCTURE FINANCING POLICY. Nelson introduced this item and advised that Jahn Thompson ahd Mark Chew were members of the task force that reviewed the, policy and are trying to develop a new infrastructure financing policy. Essentially the new policy provides that the Utility still return $5000000 each year to the programs however, instead of doing an analysis, staff waits for a potential customer to apply and then looks at various criteria. Three types of customers will be considered: 1) industrial committed prospects, 2) industrial/retail building in the city but selling outside the city, and 3) commercial retail operations manufacturing items sold in Denton. The staff will determine the feasibility of extending lines, the cost of the line, a five year payout on the line, cost vs benefits, (251 of ad valorum tax bass, 251 sales tax, etc.), revenues normally attributable to return on investment portion of our electric, water and wastewater, j etc. If there is a positive net cash flow, then the project will be recommended. The applicant will do the work and the city pays after a certificate of acceptance is Issued. The customer is than directed to the Economic Development office and they present the positive issues about the city. Staff then begins to work with the rest of the city organizations, i.e., Public Utilities Board, the Planning and Zoning Commission and after that, these two recommendations will be forwarded to the City Council. Frady asked If any changes were made to the proposal by the Planning and Zoning Commission, would the Board be ratified before the item was sent to the City Council, Nelson replied that any changes relating to the dollar amounts would require that the Board again review the item. Laney expressed a desire for the PAZ to look at traffic patterns, etc., before final approval of these projects. After general discussion, LaPorte made a motion to recommend to the City Council acceptance of the policy as presented. Second by Chew. All ayes, no nays, motion carried. EXHIBITAL 1 .1 I I ' I e 1 X H I B I TJU,.~ I Revised 11/9/90 Utility Adm. Dept, DRAFT INFRASTRUCTURE FINANCING POLICY Funding Poli_y The City of Denton Utilities Department policy is to facilitate local economic growth through a program of Infrastructure Financing. j During its annual review of the Utility Department's Capital Improvements Plan (CIP), the Public Utilities Hoard shall consider the allocation of up to $500,000 annually to finance the construction of infrastructure water or sewer lines. This allocation shall consist of $250,000 from the Water CIP and $250,000 from the Wastewater CIP. That portion of each annual allocation that remains unobligated at the close of the fiscal year shall be transferred to the Fund Balance and may be reallocated for Infrastructure Financing in the following year's budget. However, the cumulative total of said unobligated annual allocations shall not exceed $2 million any time. Selection Policy Infrastructure financing shall be provided only to: 1) Industrial prospects which have committed to building ' facilities in Denton. 2) Commercial/retail prospects which have committed to building facilities in Denton and which: a) Sell a majority of their goods or services to individuals or businesses outside of Denton, or b) Manufacture goods for consumption in Denton which r were previously manufactured outside of Denton. II 3) Prospects which have committed to building corporate headquarters facilities in Denton. All requests for Infrastructure Financing shall be subject to the oconomic analysis detailed in this Policy. This analysis shall determine project costs and benefits over a five year period. Infrastructure Financing may be allocated only if project benefits are equal to or exceed project costs. For purposes of the economic analysis: 0 Project costs shall consist of 1001 of: Debt service associated with the subject utility line's construction, and u. J ' 1 { Return on investment associated with the completed subject utility line i o Project benefits shall consist of 251 of: Revenue from ad valorem tax on prospect's local property, plant and equipment Revenue from sales tax on prospect's products and services sold by the Denton facility Revenue from sales tax on local purchases by the Denton-resident labor force generated by prospect's locating in Denton and 1001 oft ' Revenue from sales tax on prospect's local purchase of its facility's construction materials +`s - Revenue from that portion of the prospect's local r consumption of Denton utilities that is contributed toward the return on investment. 5 o Funding of projects shall be j } , , granted submission of application] i.e.,first cobased on met first h served of o Lines under consideration shall begin at an existing City main line and end at the edge of the prospect's property which is closest to the existing main and which Is technically feasible. o The funding recommendation shall state funding limits for the total project and Its construction components as well as j a time limit on the funding commitment. o Funds shall be disbursed to the prospect or the prospect's designee only: 1) upon presentation of a Certificate of occupancy for the prospect's Denton facility, or 2) in intermittent payments as construction of the subject utility line progresses. I a I Application Process J STEN Infrastructure Financing applications shall be available from the City's ECONOMIC DEVELOPMENT OFFICE. This office shall: Provide prospect with economic assistance Information Provide prospect with an application form and assist with its completion Notify affected Departments of prospect's application Coordinate the prospect"s access to City Departments Prepare an economic assistance package for the prospect LSTEP TWO Completed applications shall be returned to the Economic Development office which shall forward a copy of the prospect's completed application to: ` - PLANNING DEPARTMENT for preparation of a land use analysis; and the UTILITIES DEPARTMENT for preparation of a five year economic analysis, and technical and cost assessment of providing utility service to the prospect. STEP THREE The PUBLIC UTILITIES BOARD shall review the prospect's application, the technical issues of providing utility service to the prospect, the completed economic analysis and forward a recommendation for funding consideration to the Planning and Zoning Commission. Such recommendation may support the prospect's request for an exemption from those provisions of the Sub-Division Ordinance regarding the extension of utility lines. STEP FOUR The PLANNING AND ZONING COMMISSION shall review the prospect's application, a completed land use analysis, the economic analysis and the Public Utilities Board's recommendation and forward BOTH the Public Utility Board's and its own recommendation to the City Council. w 1 J 1 1 PAZ Minutes August m, 1990 Page 6 motion was tngelbrecht III would i bring the area into m 11 11111111~111111111111~ bkowm t s Land Use Plan and I give the fairgrounds _He also wants to j continue to v s a more flexib -tor them and 1 other t c via functions. , t IV, consider policy relating to the city extension of city water and wastewater lines to economic development candidates. Nr. Robbins narrated the history of the policy saying that when the Denton Development Plan (DOP) was adopted there vas an eeonomlo growth incentive policy that provided for utility extension at City, cost. The ranking criteria for these "candidate" lines was found to be problematic, indicating linos in parts of the City where economic growth wee already sufficient. Also, the policy set aside money to help "hot prospects" for six months of the year. If the money was not 1 spent in six months, it was to be used for a candidate line. Candidate lines are for areas where the City might want to have lines in the future. Therefore, it a hot prospect appeared attar the six month period, the City would be unable to provide economic incentive. Also, extending lines to vacant land where !hers is no interest would create a rata increase. The Public Utilities Board (PUS) has recommended only extending lines to hot prospects. A new set of criteria is included with the now policy. Kr, Glasscock and Mr. Engelbraoht have been on the cotiittas working on this new R policy. The policy is that durlnq its annual review of the , Utility Department Ia Capital Improvements Plan (CIP), the PUB shall consider the allocation at up to $9000000 annually to finance the construction of infrastructure water and/or sower lines. This allocation shall consist of 1750,000 tram the Rater CIP and 1750,000 from the wastewater CIP. Infrastructure financing shell be provided only tot [`I 1) industrial pvrospects which have committed to building facilities in Denton 2) commercial/retail prospects which have committed to building facilities in Denton and vhicht a) sell a majority of their goods or services to individuals or businesses outside of Denton,m and/or b) manufacture goods for consumptlcm in Denton which were previously manufactured outside of Denton { 3) Corporate headquarters prospects vhibh have committed to building facilities in Denton. For purposes of the economic analysist Project costs shall consist of 1001 oft + debt service associated with the subject utility line's eonstruotion, and • return on investment associated with the completed subject utility Sine. EXHIBIT E • r a 1 1 I Pbi Minutes August 1, 1990 Page 7 Project benefits shall consist of 251 oft revenue from ad valorem tax on prospect's local property, plant, and equipment revenue from salsa tax on prospect's products and services sold by the Denton facility revenue from sales tax on local purchases by the Denton- resident labor force generated by prospect's locating in Denton and 1001 oft , revenue from sales tax on prospect's local purchtse of its facility's construction materials revenue from that portion of the prospect's local consumption oe Denton utilities that is contributed toward the return on investment. Me. Brock asked what will be the return on the City's investment. Mr. Robbins replied that the Utility Department pays into the ganorel fund an amount equal to e0 of the capital cost of the investsent. when a line is built, 64 of the cost goes to the general fund. This is dons in lieu of tees or taxes. Me. Brock asked how the 251 figure was determined, I r Mr. Robbins answered that it is an average that relates to kinds of services. the cost is actually a little Isms than what the y are paying. 250 is a general number that will keep whittq ample. Mr, tngelbrecht noted that the committee working on the policy asked the PUB to monitor the numbers and try to enhance then over time. Mr. Robbins continued that funds shall be disbursed to the prospect or the prospect's designee only as foliowst 1) upon presentation of a Certificate of Occupancy for the prospect's Denton facility, or 2) in Intermittent payments as construction of the subject utility line progresses. The Commission reviewed the proposed policy and related formulae. NO, Brock ceoented that one Council member was concerned about balanced growth. it a request for a line was made In an ores that would distort growth patterns, would the Commission be able to recommend that no City-funded extensions be made? Mr, r,obbins said yes. The request could be denied on a policy basis or in conjunction with a toning case. Ms, Brack asked what It the site was toned properly and the City just did not want to use city funds? Mr, en9elbrecht explained that the proposed policy addresses the economic aspects of extension, not land use. The process for approving extensions will be that PUB will make a recommendation to the Planning and toning Commission, which will in turn make a recommendation to the City Council, The Commission would look at the policy and then apply it in terms rr f 1 Piz Minutes August s, 1990 page 6 of the DDP. The PUS recommendation will be based on economic viability. Mr. Glasscock moved to recommend approval of the Polley relating to the city extansion of city water and vastewater lines to economic development candidates. Seconded by Mr. zngelbracht and unanimously carried la-0) • ~ work Session / Discuss the platting procea rewrite and cons l appointment of a pis committee. r. Robbins reported that he has visited Gi sow tential sembers for the committee. Most of only e time at night. Staff can work with the.c tee or osmission can appoint a aemb•r to befit air. Mr. t asked how long the committee vikl a to most. i Mr. A said it should take thrsi the. Thera would b meetings a month for tw three hours. Therm is dy a draft ordinence,y red that would allow stag prove minor subdi✓ s. Mr. Holt volunt to be on ittee. S. Discuss Attorney 's Op JM•1100. Mr. Robbins stated thet on says that two things have to occur before pis can be required. There must be a division of pro layout of streets, if the site is on an • street and there is subdivision but no la a roots or parks then Dlattinq is not requ p ng can be required inside the city lie when p y is divided for development but wh a praport in the zTJ there must be a layout rata to wel Two wake ago a f predesign was pr which had a h on an existing street. we told they would not ha plat. Staff will construe requirement to axle tilitism as public which d require platting, v2. Director's Repo Chapter 199, 1 Government Code, "Impact reee". Mr. Rabbi sported that the City council has roe a briefing mpact gees. The City is not charging imps. s on cit etructed lines. There was a time when thi allow t that changed as of June 1990. There may stil pro on lines constructed by developers. bbins introduced Steve see", a new Urban Planner. Mr., s has been working with the private sector and has dons it planning. He will be working mostly in long rauq• arming. Meeting adjourned i137 p.m. RESOLUTION NO. A RESOLUTION APPROVING THE INFRASTRUCTURE FINANCING POLICY; REPEALING R89-019f AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Denton Development Plan adopted by the City of Denton contains policies providing for the expenditure of public funds to encourage balanced growth an economic development; and WHEREAS, in furtherance of those policies, the 1991-1995 Capital Improvement Plan approved by the City Council proposes to allocate $5000000 each year to •fund Water and Sever Line Infrastructure Financing to carry out the balanced growth and economic policies of the Denton Development Plant and 'WHEREAS, the Public Utilities Board and Planning and Zortinq Commission have considered and recommended adoption of amendments S to the existing Infrastructure Financing Policyt NOW, THEREFOREt BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTONf SECTION I. That the Infrastructure Financing Policy, k attached hereto as Exhibit I, is approved. SECTION ii. That Resolution No. R89-019, adopted on March 7, 1989, approving the Guidelines for Funding and Selecting Development Plan Candidate Water and Sewer Lines, is repealed. i SECTION III. That this resolution shall become effective immediately upon its passage and approval. , PASSED AND APPROVED this the day of , 1990. BOB CASTLEBERRY$ MAYOR ATTEST; JENNIFER WALTERS, CITY SECRETARY i BY: XHIBIT EJL APPROVED AS TO LEGAL FORM; DEBRA A. DRAYOVITCH, CITY ATTORNEY SYt g6h i "1 1 I 1 CANDIDATE LINE HISTORY Prior to 19881 the Utility Department expended thousands of dollars constructing water lines in selected areas of to encourage growth in those areas. Unfortunately, growth in those areas failed to materialize. In August, 1988, the city Council approved and ps bl shd Use Denton Development Plan prepared by the Cy Development Committee. One of Committee's findings toasfothat 4 the City's infrastructure financing policy growth instead of responding to growth and that this policy contributed to growth toward be h scut des to ones thatitpromoted that this policy balanced growth throughout the City. In response to the Development Plan, the Public Utilities Board in November, 1988, proposed a Utility Department infrastructure financing policy that would promote balanced economic growth throughout the City. Pursuant to this policy, a list of over 100 cited le routes for residential and commercial lines was soli from the public and staff. In February, 1989, the Public Utilities Board and the Planning and Zoning Commission jointly approved the Guidelines for Fun din and Selectin Development Plan Candi a e ater an ewer L nes to mp emen the new n ras ruc ure nanc ng pcy. Me Guidelines prescribed a Improvement Plan annually p allocated up' to M00 for water and sewer Candidate Line { construction. The Guidelines also established a criteria by which the list of proPos_Candidate Lines would be rated, ranked and ines were selected approved o by construction. the City Council. March, 1989, the G uidel In May, 19890 the Utility Department Staff completed the rating and ranking of the Candidate Lines and presented them to the Board for approval. The Board expressed its concern that several of the top-ranked Lines were in the southern part of the City where economic growth was already sufficient and did not need the stimulus of special funding. Finally, the Board approved funding for a combination of Lines near and along Marsch Branch Road in the far western area of the City. However, due to a lack of support from many landowners along Marsch Branch Road as well as Utility Department budget constraints during the 1989 fiscal year, the Board declined to recommend funding of these Lines to the City Council. 696ou EXHIBIT CANDIDATE LINE HISTORY ♦III PAGE 2 its concerns about the The Board continued to express uentlyr the Candidate selection process. Conse9 was Put in abeyance proposed Guidelines' and selection process ro osed a ne Fun ing At that time, the Board 1990' that would follow, rather than until January, olicy would also do away revised Guidelines h. The new Policy wou would lead, econom c and ranking of proposed lines and with the rating only to construct lines that would make funds availabloegpects which had committed to building serve industrial p facilities in Denton. the City council expressed i~ At its April 3, 1990 meetingr ~I the Boacd's. fundamental t directed ethei Board its concerns regardng olicy. Therefore, the Guidelines' Pand Zoning Commission t to hese two bodies and et ann n9 . Consequently, t the proposed olicy change tly examine the revised p integration with the c appointed 8woimP~ementation, ato jointly oi its olicy. policy, it city's overall economic development P a Committee was the Council's instcuctionl 10 and 20, 1990. Pursuant to 311 1990? and Jy the Committee's formed and met on May 's revision per 1 of the Policy ng the Policy Followi and the public request, the Committee recommenCommissiconova the Policy and Zoning on July 23, 1990, to the planning and Board to the City Utility Board. the public utility the policy was was recommendedro al and on August 8, 1990,Commission to the council for app the planning and Zoning L ! recommended by roval. 1 City council for apP the Commission's Board's and the Legal subsequent to the policy was reviewed by revised to recommendation, the policy the requirements of Department which requested that the regarding incorporate language that would s$ection 380.001, the Texas Local Government Code, ublic money to a private concern for the granting Of lating business and commerciof theiLegai the , so revised to the satisfaction purpose of stimu The Policy Ms Department. 1 meeting, the Public Utilities Board At its January lb, 1999 the Policy to the City recommended approval i I . 1 j 11~~! lei, 1 ~ Denton Police Department 221 N. ELM DENTON, TEXAS 78201 MEMORANDUM i r l TOs Rick Svehle, Deputy City Manager i FROMr Michael W. Jet:, Chief of Police 3 DATEt February 15, 1991 S REt Back-Up for Child Abuse Grant a ;t Rick, As you know, in fiscal year 90-91 the Department sought and was awarded a grant from the Criminal Justice Division for a Child Abuse Investigator. The resolution we have submitted simply authorizes the continuation of this grant, d,+ This year the local cash contribution required is 402, The 91-92 grant proposal also includes $19,575.00 be trimmed at a later date, These monies would allow atheapurchase ioftaocomputermay ich system designed to augment the still-video equipment purchased in last year grant, The total grant amount is $99,487.00, with the Cities local cash contribution amounting to $42,892.00. If the computer system were removed from the application the local cash contribution would be reduced to ;23,317.00. f2 7 ' ChlfofPo s t a t IMP; (817) 5688181 META0434.2520 s x ch,bo RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE SUB- MISSION OF AN APPLICATION TO THE TEXAS CRIMINAL JUSTICE DIVISION REQUESTING FUNDING FOR A SPECIAL LAW ENFORCEMENT UNIT TO INVESTI- GATE CHILD ABUSE VIOLATIONS1 AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton is eligible to receive funds from the Criminal Justice Division of the State of Texas and desires to promote the public safety and well-being of its citizens through increasing the effectiveness of the Denton Police Department in its ` law enforcement relating to child abuset and WHEREAS, in order to receive such funds, it is necessary for the Council of the City of Denton to authorize the submission of an application to the Texas Criminal Justice Division requesting fund- ing for a Special Law Enforcement Unit Police officer and a portion i of a computer system to investigate child abuse and augment the } City's Criminal Investigation Unit; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVESI `S SECTION I. That the City of Denton, Texas, certifies that it is eligible to receive a funding allocation from the Texas Criminal Justice Division for a Special Law Enforcement Unit Child Abuse investigator/Police officer and a portion of a computer system to augment the City's Criminal Investigation Program. SECTION ii, That the City Council authorizes and directs the city Manager, or his designee, to represent and act on behalf of the City of Denton in applying for and working with the criminal Justice Division in regard to such grant application. \ SECTION III, That the Chief of Police shall forward a copy of this resolution to the Texas Criminal Justice Division and the North Texas Central Council of Governments. SECTION IV. That this resolution shall become effective imme- diately upon its passage and approval. PASSED AND APPROVED this the day of , 1991. .k l BOB CASTLEBERRY, MAYOR I1 ' I /I I I r ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: _ r APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY E 1 ~ By E h i r el S t i P k i r 1 'n t f 3 Y u ` PAGE 2 a I 1 C17Y Of OENTON, TsXA8 MUNICIPAL BUILDING / 215 E. McKINNEY / DENTON, TEXAS 16201 MEMORANDUM r 1 DATE: February 15, 1991 c ' [ T0: LLoyd V. Harrell, City manager P:k i FAOhSI John F. McG[ane, Executive Director of Finance 6UBJECTI J?NUAAY BUDGET RECAP ~ The fiscal year is already one-third over. The General Fund, on an overall 1 period lastryethe ar,fund were $14,694,473 as basiso is compared currently to $13,564r,682 rfor Total revenues an revenue However, there are Some concerns with individual impact online saleaenndtuse should be mentioned, The overall economy has tax collections. Fiscal year-to-date collections are up only .19% or $3,757 over last year, rot the period, this equates to a negative 208% variance as to projected collections. The other major area of concern is in warrants and a police tines. Because of a recent court decision, the Municipal Judge and ssuing and City coAttorney llecting hafines. Becausen of nthiautconout cern,ocwee have 1st pped warrants issuing DentonnPotypes of lice Departments,fineseCare[down. Asacomparedh to last fees and for i! year, fines and fees are only at a 124 collection [ate of budget as opposed to 29%. In the area of Denton police fines$ of a total budget of $7551000, $171,545 has been collected. This equates to 22% of the budget as compared to last year at 341. There are other minor areas within the General Fund that a show either increases or decreases at the present time, but the major concerns were in these two areas, t { On the expenditures aide, overall expenditures and encumbrances for the period i through January 31, 19911 ate $8,091,912, which represents 29% ofe he current : expenditures budget. Last year at the same time, the total j for the period were $8,56909890 or 32% of the budget. Once again, on the expenditure side, things are on target. if you have any questions regarding any of the above, please advise. JFMCOIaf 564eF 817IS66.8200 D/FW METRO 434.2529 r.