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Home My WebLink About03-19-1991 t 1 AGENDA CITY OF DENTON CITY COUNCIL March 19, 1991 Work session of the city of Denton City Council on Tuesday. March 19, 1991, at 5:15 p.m. in the Civil Defense Room of City Hall, 215 E. McKinney, Denton, Texas at which the following items will be considered: 5:15 p.m. 1. Executive Session:, A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S. 1. Consider settlement offer of claim against Jimmy Brown and George Reaves. 2. Consider settlement offer of claim against; R. Havenhill. 3. Consider settlement in Kelsoe V. City. B. Real Estate Under See. 2(f), Art. 6252-17 V.A.T.S. C. Personnel/Board Appointments Under Sec. 2(g), Art 6252-17 V.A.T.S. 1. Consider appointments to the Building Code j Board, Community Development Block Grant committee, the Electrical code Board, the Historic Landmark Commission, the Human a services committed, the Blue Ribbon Committee for Storm Water Utility, the Downtown Advisory Board and the Sign Board of Appeals.' l 5:45 p.m. r f 2. Receive a report and hold a discussion with the Park and Recreation Board regarding a resolution modifying the use of CIP funds. 3. Receive a report and hold a discussion on the 1990 census and the redistricting pr^"een. 4. Receive a report and hold a discussion regarding the concepts associated with amending the Subdivision and Land Development Regulations. 5. Receive a briefing and hold a discussion regarding a proposed Joint Development Contract for the Denton North Water Plant between the City of Dentoa and the Upper Trinity Regional Water District. r WWI p ✓ .'Yli4p~/9 City of Denton City Council Agenda March 19, 1991 Page 2 5. Receive a report and distribution of the Budget Priorities Questionnaire for input regarding the 1991-92 Budget. 6. Hold a discussia,n regarding a possible date foi: the annual city Council Planning Seminar. Regular Meeting of the City of Denton City Council on Tuesday, Match 19, 1991, at 7:00 p.m. In the Council Chambers of City ; Hall, 215 E. McKinney, Denton, Texas at which the following items will be considered: 3 7:00 p.m. 1. Pledge of Allegiance 2. Receive a citizen report from Carl Williams regarding redistricting. 3. Receive a citizen report from Joyce Poole regarding certain items in the proposed contract with Texas } Waste Management. 4. Receive a citizen report from Mike Cochran regarding the proposed contract with Texas Wasto Management. Receive a citizen report from a representative from II 5 Texas Waste Management regarding the proposed contract I with Texas Waste Management. 6. Receive a citizen report from Winn Walton regarding f` the Fry Street Fair.. ` 7. Receive a citizen report from Bill Miller regarding E the Fry street Fair. S. Receive a citizen report from nary Rich regarding the Fry Street Fair. 9. Receive a citizen report from Brian Neubling regarding the Fry Street Fair. 10. Receive a citizen report from 0riggs Bennett regarding the Fry Street Fair. a I ~J 1 I I r ~a. . wN!nYr,~ ~ AYei e Y 14 City of Denton City Council Agenda March 19, 1991 Page 3 7 ,i 11. Receive a citizen report from Gail Wohlechlaeger regarding the Fry Street Fair. 12. Receive a citizen report from Becky Slusarski regarding the Fry Street Fair. a 13. Consent Agenda a i Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in I G: accordance with the Staff recommendations.1 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 ordinances (Agenda item 14.A, 14.B, 14.C). This listing is provided on the Consent Agenda to allow Council Members to discuss any item prior to approval of the ordinance. A. Bids and Purohase Orders: 1. Bid #1224 - Fertilizer 6 Herbicide 2. Bid #1227 - Police Sedans 3. P.O. #12447 - Traffic Fngineering and Controls 4. P.O. #12446 - Rone Engiraoring B. Tax Refunds 1. Consider approval of a waiver of Penalty/interest for Mike Amador - Account #297810. p 2. Consider approval of a waiver of Penalty/interest for Kenneth L. Fotd, Jr. - o Account #283050 ' 1 JI i I 1 7 ~.J .,,r 6'PJdp{. //Ly1 fA i City of Denton City Council Agenda March 19, 1991 ' Page 3 11. Receive a citizen report from Gail Wohlechlaeger regarding the Fry Street Fair. 12. Receive a citizen report from Becky Sluearski regarding the Fry Street Fair. 13. Consent Agenda Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the 3 City Manager or his designee to implement each item in accordance with the Staff recommendations. Listed below are bide and purchase orders to be approved for payment under the Ordinance section of the agenda. Detailed back-up information is attached to the ordinances (Agenda item 14.A, 14.B, 14.C). This listing is i provided on the Consent Agenda to allow council Members to discuss any item prior to approval of the ordinance. A. Bids and Purchase orders: 1. Bid 01224 - Fertilizer 6 Herbicide t k 2. Bid #1227 - Police Sedans 3. P.O. #12447 - Traffic Engineering and Controls 4. P.O. 012446 - Rone Engineering B. Tax Refunds 1. Consider approval of a waiver of Penalty/ Interest for Mike Amador - Account #297910. 2. Consider approval of a waiver of Penalty/Interest for Kenneth L. Ford, Jr. - Account #253050 i i , r MN's~.IfiV Z i X~ city of Denton City Council Agenda e March 19, 1991 Page 4 1 14. Ordinances I A. Consider adoption of an ordinance accepting # 1 competitive bids and providing for the award of contracts for the purchase of materials, equipment, supplies or services. (13.A.1. - Bid #1224; 13.A.2. - Bid 01227) B. Consider adoption of an ordinance providing for the expenditure of funds for purchases of materials or equipment which are available from one source in accordance with the provisions of i state law exempting ouch purchases from requirements of competitive bids. (13.A.3. - P.O. 012447) C. Consider adoption of an ordinance for j professional services - Rhuac Engineering, } (12.A.4. - P.O. #12446) i 1 D. Consider adoption of an ordinance authorizing the Mayor to execute a contract between the City of Denton and the North Texas Umpires Association for officiating softball games for City leagues. (The Park and Recreation Board recommends approval.) E. Consider adoption of an ordinance modifying certain fees and charges for recreation and park facilities. ~ P. Consider adoption of an ordinance approving a contract for the exchange of certain real property owned by NCNB and the City; authorizing acceptance of an access easement from NCNB; and repealing Orlinance 91-023. ,a 15. Resolutions ~ J A. Consider approval of a resolution approving an interlocal ambulance agreement between the City of Denton and Denton County for ambulance services. B. Consider approval of a resolution supporting legislation to create a municipal court of record for the City of Denton. 'ar City of Denton City Council Agenda March 19, 1991 Page 5 16. Other Business' A. Receive a report and hold a discussion regarding the City of Denton's involvement in solid waste collection and disposal. 17. Miscellaneous matters from the City Manager. 18. Official Action on Executive Session Items; A. Legal Matters r, 1 B. Real Estate r ~I C. Personnel D. Board Appointments a 19. New Business: This item provides a section for Council Members to a suggest items for future agendas. 20. Executive Session: i A. Legal Matters Under Sec. 2(e), Art. 6252-17 ; V.A.T.S. B. Real Estate Under Sec. 2(f), Art. 6252-17 V.A.T.S. J, c C. Personnel/Board Appointments Under Sec. 2(q), .~Art 6252-17 V.A.T.S. NOTE: THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO EXECUTIVE SESSION AT ANY TIME REGARDING ANY ITEM POI: WHICH IT IS LEGALLY PERMISSIBLE. C E R T I F I C A T EI I certify that the above notice of meeting was posted on the J bulletin board at the City Hall of the City of Denton, Texas, on the day of 1991 at o'clock (a.m.) (P.m.) r# CITY SECRETARY a 3360C ~i ~ I E 1 i r~ Q CITY 01 DlNTON, TEIUS MUNICIPAL BUILDING / 215 E. McKlNNEY / DENTOd, TEXAS 76201 MEMORANDUM qi i DATE: March 5, 1991 TO: Jennifer Walters, City Secretary FROM: Frank 11. Robbins, Executive Director Planning and Development SUBJECT: APPOINTMENTS Please add to our list of appointments the Downtown Advisory Boardf aff can help in making appointments, let us know. AICP r r' dw 2577x I I _j 817/566.8200 0/FW METRO 434.2529 e F~ 01 f a dtaEo I~ 1 ORDINANCE NO. 9/• 01~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF D3NTON; AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON BY ADDING ARTICLE VI; PROVIDING FOR THE CREATION OF A DOWNTOWN DEVELOPMENT M ADVISORY BOARD; PROVIDING FOR THE ADOPTION OF POWERS AND DUTIES OF r THE ADVISORY BOARD; PROVIDING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. C_ THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; I 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 VI. Downtown Development Bea. 2-75. Downtown Development Advisory Hoard. The Denton Downtown Development Advisory Board is hereby established. The Board shall consist of eleven (11) members, eleven of whom shall be appointed by the City Council and two (2) ex- a f officio members to be nominated by the Central Business District Association and appointed by the city Council. Members shall be appointed to serve two (2) year terms, commencing July 1 of the a year appointed, provided that seven (7) members shall be appointed to serve each odd-numbered year and six (6) members each even- numbered year. Of the initial members appointed, six members shall be appointed to serve a term to expire June 30, 1993 and five members shall be appointed to serve a term to expire June 30, 1992. Members shall serve until their successors are appointed and qualified. The Board shall elect a chair from among its members who shall serve for one (1) year or until his successor is elected. The Board shall serve without pay and shall adopt such rules as may be necessary for the regulation of its business and affairs. Sec. 2-76. Duties and Sunctions. I The Downtown Development Advisory Board shall serve in an advisory capacity to the City Council and shall make recommenda- tions to the City Council and other appointed boards or commissions regarding issues and ordinances affecting the organization, promotion, appearance, revitalization and economic development of the downtown area and the central business district. The Board may establish such committees as necessary to carry out the purpose of the Advisory Board. Sec. 2-77 through 2-79. Reserved. t r P SECT- IoN II• 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 tho extent of any such conflict. SECTION III, this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 2991. BOB CASTLEBERRY, HAYOR i ATTEM j I JENNIFER WALTERS, CITY SECRETARY BYt APPROVED AS TO LEGAL FORHt r' DEBRA A. DRAYOVITCH, CITY ATTORNEY ! r s"i BYI j i i 7 i PAGE 2 a T wig] i f CITY COUNCIL REPORT FORMAT \~/1 TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Review a Resolution from the Park Board RECOMMENDATION: Review and discuss a resolution passed by the Parks and Recreation Board. SUMMARY: It is the feeling of the Park Board that unless the City can properly operate and maintain its current facilities the CIP funds available for the two new centers should be used to upgrade and expand our existing facilities.' BACKGROUND: When the original bond program was being planned in 1985 and 1986' the C wyfnancial picture waa much brighter, and the bond program was put together and sold to the public based on the best revenue projections at that time. Since then, we I have had a series of tight budgets where there have been little funds for renovation of existing facilities or an expansion of programs or services. Since it appears that this PROGRAMS, DEPARTMENTS GR GROUPS AFFECTED: trend will continue for the indefinite future, the Park Board would like to Parks and Recreation Department and reassess the need for the two participants. additional recreation centers and look at options that would redirect the fundsW' FISCAL IMPACT: for the expanding and upgrading of our existing facilities. To be determined, RESPE ULLY SUBMITTED: Lloyd V. Harrell City Manager I Prepared by: a Na ilre teve Brinkman Title Director of Parks and Recreation Ap oved; F Title t } pr.e~p,t~ rA ~ CITY of DENTON; 215 c. McKinney Oenton, Texas 7520f PARKS AND RECREATION BOARD MEETING , MONDAY, JANUARY 28, 1991 500 P.M. SENIOR CENTER MEMBERS PRESENT: Dalton Gregory, Cbairman G. Carl Anderson Rita Pilkey Tom Judd Catherine Bell STAFF PIESENTS Steve Brinkman, Director of Parke and Recreation Bob Tickner, Superintendent of Parke PAul Leslie, Leisure Services Administrator Joy Reach, Senior Secretary GUESTS PRESENT: MI Cochran C a Young Michael Jez, Chief of Police Palmer Haines, Reporter for the Denton Record-Chroni le 1. MEETING CALLED TO ORDER I The meeting was called to order by Dalton Gregory, Chairman. It. APPROVAL OF MINUTES FROM LAST MEETING On a motion by Rita Ptlkey, second of Carl Anderson, the minutes of the meeting of November 19, 1990, were approved. III. PRESEN?ATION BY MIKE COCHRAN REGARDING PLACEMENT OF HISTORICAL PLAQUE IN CIVIC CENTER PARK Mike Cochran, represe4ting the Landmark Commission, said he was appearing before the Park Board to request the Board's support in placing a historical marker, honoring the site of the Quakertown settlement, in Civic Center Park in the vicinity of the Woman's Building. He said the cost of the marker would be 1600 with the Parks and Recreation Department funding $400 of the cost and the Planning Department funding the remainder of the coed A ceremony will be held at the time of the placement on February 26 at Spm. Parks and Recreation Board Meeting January 28, 1991 Page - 2 Carl Anderson moved that the Park Board endorse the placement of a historical landmark honoring Quakertown In Civic renter Park. Tom Judd secondee the motion, and the motion was passed with a unanimous vote. IV. PRESENTATION BY CARL YOUNG REGARDING JUNETEENTR CELEBRATION Carl Young, in his presentation, Bald the community wants to do the Juneteenth Celebration without the involvement of the City. He said he had the support of the 41 nioter's Alliance, Denton County Veterans, Links Club, and other organizations, The celebration will be held in Fred Moore Park and would include a softball tournament, domino C" tournament, a live band, and activities for children. Everything would be free of charge except the softball tournament. Mr. Young said there would be no drinking of alcoholic beverages, no drugs, and no gambling involved in the celebration. Mr. Young voiced his concerns regarding the ordinance restricting the consumption of alcoholic beverages in neighborhood parks. He also requested that a flagpole be installed in Fred Moore Park, Steve said that staff would meet with Fir. Young and his committee to review the plane for the celebration. V. OLD BUSINESS 1. Review Change of Philosophy for Operation of Driving Ranger Steve said that Council Members Gorton and Ayre had asked that the City consider the driving range as a special interest Sacility like the pool or tennis center which are partially funded in the General Fund budget. The driving range is now totally self-supporiing in the Recreation Fund. Steve brought attention to the Recreation Fund Philosophy which was developed in February, 1989, which statest Special interest facilities like tennis center and pool will charge fees for admission or services that will allow us to cover a minimum of 502 of its op?ration and maintenance costs, Carl Anderson moved that the Board recommend that the driving range be specified as a special interest program in the Ceneral Fund budget. Rita Pilkey seconded the motion, and the motion was passed with s unanimous vote. 2. Review Fees and Charges Ordinances Steve reviewed with the Board members a survey f metroplex fees and charges and that Council had expressed a concern about the lack of parity in the tennis fees that are charged when compared to similar fees in the metroplex. After a staff review of our existing fees and similar fees charged in the metroplex, the staff found that there were no other fees in our schedule that were G y Parks and Recreation, Bard Meeting January 280 1991 page - 3 significantly out of line and concurred that the tennis admission fee we now charge could be raised from $1.00 to $1.50 ind still be At the low end of what is now being charged in the metroplex. Rita Pilkey moved that the Board recommend changing the tennis court reservation fees from $1.00 to $I.50 per 1-1/2 hour period after 6pm. Carl Anderson seconded the motion. After further discussion, Carl Anderson indicated that he felt he could not vote for any increased fees due to the tight economy. He also indicated that any increased fees would not go back to help resurface the existing courts so he could not vote for the increase. After Carl stated his views, Dalton Gregory said that he also could not support any increase in fees at this time. Tom Judd said he felt that if this was being done just to bring us up to what was being charged in the metroplex, he could not support the action. The motion was then put to a vote and failed with a 5-0 vote against the increase. VI. NEW BUSINESS 1. Presentation by Michael Jez, Chief of Polices Chief Jez said a new program, D.Fy,It., will be announced publicly on February 11. The program will provide students the opportunity to participate in drug testing. HCA Commuoity Hospital has agreed to underwrite the cost of the testing. If the test results of the student are clean, the student will reietve an 1.0. card rid a badge and will receive discounts which will be offered by over 100 xerchants. The program will be governed by a council made up of students. Chief Jez said he would like for the City to participate in the discount program by offering u discount or free admission to tha municiysl pool. Steve indicated the staff would review other Areas that might also be offered for discounts. Y moved that the Park Board endorse the D.Fy.It. Rita pilke program. Catherine Bell seconded the motion, and the motion was passed with a unanimous vote, VII. OTHER BUSINESS Talton Gregory discussed the memo the members had received from Steve regarding tabling the resolution which the Park Board had passed at the November 19, 1990 meeting, The resolution requested the City include a non-binding referendum in the 1991 May election whereby the 12.7 million i 1 r 4~ f l t• It f Parks and Recreation Board Meeting January 28, 1991 Page - b ea narked for new recreation centers be designated to renovate and expand the North Lakes and Denta Recreation Centers. Steve's memo indicated that the City !tanager felt that it was premature to consider any action at this time due to the fact that there are no funds available for at least three years. He reported that during that time the economy may change and, therefore, could significantly change our outlook about how the funds should be used at that time. Dalton asked the other Board members about their reactions to the City Manager's concerns and what they would like to do about the resolution. Carl Anderson indicated that in spite of the concerns he still wanted to cc send this resolution on to Council for their consideration. The other Board members shared Carl's feelings on the issue and asked the staff to send this resolution on for discussion with Council. V1II. ADJOURN ' On a motion by Carl Anderson, second of Catherine Bell, the meeting was adjourned. .IDK009AA 1 r NONSENSE 1 e e f 1 CITY of DENTON ! 215 E. McKinney / Denton, Texas 76201 PARKS AwD RECREATION BOARD MEETING MONDAY, FEBRUARY 25, 1991 5:30 P.M. SENIOR CENTER MEMBERS PRESENT: Dalton Gregory, Chairman Rita Pilkey Catherine Bell Tom Judd Carl Anderson STAFF PRESENT: Steve Brinkman, Director of Parke and Recreation Betty McKean, Executive Director for Municipal Services and Economic Development Bob Tickner, Superintendent of Parks Joy Reach, Senior Secretary I. MEETING CALLED TO ORDER The meeting was Called to order by Dalton Gregory, Chairman, II, APPROVAL OF MINUTES FROM i.AST MEETING Dalton asked if there were any corrections or additions to the alautes 4 of the meeting of January 28, 1991, Since there were no corrections or additions, the minutes were approved. III. OLD BUSINESS I, 1. Review Recreation Fund Budget and Modify Fees id Charges Ordinance: Steve told the Board that facilities such as the pool and tennis center are required to generate 50 percent of their annual operating costs and provided a financial statement that showed the tennis center had fallen approximately =5,500 short of this figure. He said if there is no increase in revenue, the facilities will again end up short at the end of this year. Department staff have recommended an increase in the reservation fees for the Goldfield Tennis Center as followsi 1 Ceneral Admission from =1.00 to $1.50 Season Pats for an i:idividual from $20 to 130.00 Season Pass for a friily from $50 to $65 j f ' s , w I' y iIf.YF!.~ a ~,N e:•~rnur Parks and Recreation Board Meeting February 25, 1991 Page - 2 Tom asked if non-residents are charged an extra fee. Steve said a f non-resident fee would be difficult to charge for admissions at the pool, but a non-resident fee would be charged for season passes. Non-resident fees will also be charged for both admission and season passes at the Tennis Center, Carl noted that tennis revenue and attendance for the ~,urrent year is down compared to the prior year and a fee increase may be counter-productive. Dalton stated that when the $5 administrative fee was Instituted participation dropped. Dalton commented that he could agree with fee increases if the services increased. He said the playing surfaces at tennis courts, especially at Nette Schulte Park, were unsafe. He is receiving a Gi' lot of heat over tennis court maintenance, Betty said that to help get new items funded through the budget process funding in other areas may need to be cut. Dalton asked if there is flexibility in the budget to take money not used in one area to be used in another area. Betty said it is very difficult to make budget transfers to capital accounts. Personal services savings cannot be transferred. Carl and Tom both commented that it seems Parks and Recreation historically get the short end when it comes to funding and may turn away firms which are considering relocating to Denton. i Betty again reviewed the instructions from Council and the existing City philosophy, and after much discussion, Carl moved that the f present fee structure for the tennis facility be kept in tact. Catherine seconded the motion. The motion was passed with four in favor of the motion and one opposed. 2. Disciss Joint Meeting with Council on Resolution: The resolution is scheduled to go to Council on March 19. Betty suggested the Board should look at other ways to get public input. She offered suggestions for alternative wording to the resolution. The suggestions were to change paragraph 3 and 4 of the original resolution to read es followst "WHEREAS: the Parks and Recreation Board believes it would be f more economically prudent to expand and/or renovate current facilities; THEREFORE: be it resolved that the Psr'.cs and Recreation Advisory Board will reconsider the $2,1 million dollars earmarked for new recreation centers, The Board will direct staff to explore alternatives and develop options. Public input will be invited before a final recommendation is made to the City Council." Carl said he wanted to take the issue to the public now. He said the taxpayers need to know what is happening to the money they voted on in 1986. ,y i k 3 Parke and Recreation Board Meeting February 25, 1991 Page - 2 , Tom asked if non-residents are charged an extra fee. Steve said a non-resident fee would be difficult to charge for admissions at the pool, but a non-resident fee would be charged for season passes. Non-resident fees will also be charged for both admission and season passes at the Tennis Center. Carl noted that tennis revenue and attendance for the current year is down compared to the prior year and a fee increase may be counter-productive. Dalton stated that when the $5 administrative fee was instituted participation dropped. Dalton commented that he could agree with fee increases if the services increased. He said the playing surfaces at tennis courts, especially at Nette Schultz Park, were unsafe. He to receiving a lot of heat over tennis court maintenance. Betty said that to help get new items funded through the budget process funding in other areas may need to be cut. Dalton asked if there is flexibility in the budget to take money not used in one area to be used in another area. Betty said it is very difficult to make budget transfers to capital accounts. Personal services savings cannot be transferred, Carl and Tom both commented that it seems Parka and Recreation historically get the short end when it comes to funding and may turn away firms which are considering relocating to Denton. Betty again reviewed the instructions from Council and the existing City philosophy, and after much discussions Carl moved that the present fee structure for the tennis facility be kept in tact. + Catherine seconded the motion, The motion was passed with four in favor of the motion and one opposed. 2. Discuss Joint Meeting with Council on Resolution: The resolution is scheduled to go to Council on March 19, Betty j suggested the Board should look at other ways to get public input. I She offered suggestions for alternative wording to the resolution. i The suggestions were to change paragraph 3 and 4 of the original resolution to read as follower "WHEREAS: the Parks and Recreation Board believes it would be more economically prudent to expand and/or renovate j current facilities; THEREFORE: be it resolved that the Parks and Recreation ,i Advisory Board will reconsider the $2.7 million dollars earmarked for new recreation centers. The Board will direct staff to explore alternatives and develop options. Public input will be invited before a final recommendation is made to the City Council." Carl sold he wanted to take the issue to the public now, He said the taxpayers need to know what Is happening to the money they voted on in 1986. I 3.. S ~ I P4. I., jr, Y4Ai ~ Parks and Recreation Board Meeting February 25, 1991 Page - 3 s 2. Joint Meeting (continued): Betty said more time is needed for staff to prepare information on alternatives in order to be prepared for public meetings. Tom asked how long it would take to pull the information together. Steve said it might take two to three months and that an architect would have to be hired to advise the staff on how `forth Lakes and Denia Recreation Centers could be expanded. Betty ststed that it would be approximately three years before the money s ability available and will depend both upon the economy ind the City to get more revenue. Dalton said paragraph 4 as suggested by staff omits ever going to the public with a non-binding referendum. He wants to see a referendum included in the resolution, that i.t cannot be left open-ended and needs a timeline. Gi; Rita moved that paragraph 3 of the original resolution which states, "the Parks and Recreation Advisory Board believes that it would be more economically prudent to expand and better maintain current facilities", be replaced with the revised paragraph 3, "the Parks and Recreation Board believes it would be more economically prudent to seconded the motioned The dm motion wasa passed current a facilities, Tom moved that paragraph 4 be amended to includes "The final recommendation as approved by City Council will be included in a non-binding referendum in the 1992 City elections." I Carl seconded the motion, and the motion was passed unanimously. IV. NEW BUSINESS 1. Update of North Lakes Park Projects Bob said he had gone to Austin to meet with members of the Grants in Aid section of Texas Parka and wildlife and learned how to get more points toward approval of the $rant discussed, nest tfor he g or thwillkes 1 Park. Several options have been resubmitted by March 1, 1991. He said that construction will be delayed by six months while waiting for the =500,000 grant, V. OTHER BUSINESS Dalton said he wanted to have a public meeting retarding the North Lakes Park CIP Project and recreation center expansion at the next meeting. He would also like to discuss maintenance standards and philosophies and sleet a vice chairman. The meeting will be at North Lakes on Hatch 18 at 5pm with the public hearing at 'pm. ADHO1031 I ,r "e. nLxrVr i nr avn~ I ~ 0 l0~ A Resolution of the Parks and Recreation Advisory Board of the City of Denton, Texas WHEREAS, the annual budget of the City of Denton is unable to adequately support and maintain its current I recreation facilities to an acceptable level; and WHEREAS, Proposition 5 of the 1986 Bond Election proposed the construction of two additional recreation r:~ters; and WHEREAS, the Parks and Recreation Advisory Board believes that it would be more economically prudent to expand and better maintain current facilities; r THEREFORE, BE IT RESOLVED that the Parks and Recreation Advisory Board will invite public input and requests the City Council of the City of Dentin to include a non-binding referendum in the 1991 May election whereby the $2.1 million earmarked for new recreation centers be designated to renovate and expand the North Lakes and Denia Recreation Centers. Da Icon GcegU y, Chi iman Carl Anderson, Boar mem er t ec ne Be!-l-,-Board Mem er R to P key, Boa Member r I Tom Ja oar Mem-5er F- -MWW i ~ Fd ~g11WF~ l1K'AM 0 0 101 j~ { a A Resolution of the Parks and Recreation Advisory Board of the City of Denton, Texas NSEAEASt the annual budget of the City of Denton is unable to adequately support and maintain its current recreation facilities to an acceptable level; and j 1 1rR8REA8, Proposition 5 of the 1486 Bond Election proposed the ~ f construction of two additional recreation centers; and ' I WHEREASp The Parks and Recreation Board believer it would be more economically prudent to expand and/or renovate' current facilities] T9ERETORE, BE IT RESOLVED that the Parks and Recreation Advisory Board will reconsider the 12.1 million dollars earmarked for new recreation centers. The Board will direct staff to explore alternatives and develop options. Public input will be invited before a final recommendation is made to ' the City Council. The final recommendation as approved by the i City Council will be included in a non-binding refereodum in j the 1992 City elections. i _ i Dalton Gregory, Chairman Carl Anderson, Board Member i i Catherine Bell, Board Member Rita Pilkey, Board Member • ,I Tom Judd, Board Member s ~I I VPF s MnNe'14~ DATE: 03/15/91 CITY COUNCIL REPORT FORMAT L~ y TO: Mayor and Members of the City Council J . FROM: Lloyd V. Harrell, City Manager SUBJECT: RECEIVE A REPORT ON THE 1990 CENSUS AND HOLD A DISCUSS 10,1 ON THE REDISTRICTING PROCESS. RECOF4ENDATION: Staff recommends that a redistricting process be Initiated and that a Council committee be formed to address the Issues and make " recommendations to the Council. SUMMARY: According to the latest 199U census figures, Denton's population increased by 37.88% from 48,063 in 1980 to 660270 In 1990. It should be noted that the Secetary of commerce may decide not later than July 15, 1991 to adjust the census figures to compensate for any under-counting. We do not know at this time whether such an adjustment will be made. Population increase between 1960 and 1990 by voting districts is shown In Table It attached. Out of the total City-wide increase of 180207, District 1 gained the most with 60170 or 33.94 and District 2 followed closely with 51926 or 32.5%, District 3 increased by 2,2,48 or 12,31 and District 4 increased 3,663 or 21.21. by According to the federal guidelines, the ideal district popula"Lon is equal to the total population divided by the number of districts (its., 66,270/4 • 16,567). Allowing for 51 deviation from the mean, a district population should be within the range of 15,739 - 17095 as shown in Table II, District I (180045), and District II (180040) both exceed the equality of population range, District 111 (14,260) falls short of the minimum sire while District IV (15,925) has an acceptable number representing 3.871 deviation from the ideal district population (see Table 11I). Population distribution race is shown in Table IV, and voting age population is given Table V, When reviewing the city's redistricting plan, the Justice Department will consider the following among other factors: 1. The extent to which minority voting strength is reduced by the proposed reatricting (diluting), 2, The extent to which minority concentrations are fragmented among different districts (fragmenting), I 31 The extent to which minorities are over-concentrated in one 1 or more districts (packing). 4. The extent to which available alternative considered. plans were 0 S ~ City Council Report Format March 19, 1991 Page 2 The County is working on a schedule to complete voting precinct boundaries by July 91. According to the County Clerk, precinct boundaries in the city of Denton are not likely to change. BACKGROUND: The current single member districts were established by Ordinance 82-100, effective November 160 1982. Since then, Ordinances 65-45 and 86-25 amended the voting districts to take account of annexations over the period 1980 through 1966. Map it shows boundaries of the current voting districts with 1980 and 1990 population figures. Map t2 and 3 show county precincts which have been split b; voting district boundaries. PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: All residents of the City. FISCAL IMPACT: Not applicable. 41y ulPrepared by: Marrel? City Manager kAA Harry Ni Pereaud, AICP Senior Planner APP ve4s i 6 6, FAIT. RobbAICP Executive Director Planning and Development 313Jk j i i i ii i t s Zw Y H E ' CITY OF DENTON TABLE 1: POPULATION DISTRIBUTION BY VOTlNO DISTRICT:1980-1990 DISTRICTS 1980 % OF 1990 % OF POPULATION 96CHANGE POPULATION TOTAL POPULATION TOTAL CHANGE 1990 DISTRICT 1 11876 24,11 18045 27.23 6170 51,96 DISTRICT 2 12114 26.20 18040 27.22 $926 48,92 DISTRICT 3 12012 24,99 14260 21.52 2248 18.71 i DISTRICT 4 12062 26,10 16925 24,03 3863 32,03 i CITY TOTAL 48063 100.00 66270 100,00 18207 37.88 • j TABLE If- REDISTRICTING CRITERIA Ideal District Population equal: total population divided by number of districts 16587 Absolute deviation should not exceed 6% of Ideal district population 828 Equality of Population Range High 17395 - -low 15739 - r TABLE III '-ANALYSIS OF POPULATION BY VOTINU DISTRICTS i DISTRICTS POPUI.A71ON RANGE PLUS j HIGH LOW MINUS DISTRICT 1 18045 17393 Over 650 DISTRIC1`2 18040 17395 Uacr 645 DISTRICT 3 14260 15739 Under 1479 DISTRICT 4 15925 15739 3.87% OK PLANNING AND DEVELOPMENT DEPARTMENT: 1990 CENSUS DATA i I ly f CITY OF DENTON I ; TABLE IV POPULATION DISTRIBUTION BY RACE DISTRICTS TOTPOP % OF WHITE BLACK WSPAN AM.INWAN ASIAN OTHER TOTAL DISTRICT 1 18045 27.23 12192 2915 2277 56 683 22 DISTRICT 2 18040 27.22 16545 1125 1108 81 172 8 DISTRICT 3 14260 21,52 11578 1016 1134 42 478 13 DISTRICT 4 16926 24.03 12653 1151 1418 86 $98 19 CITY TOTAL 66270 100.00 61968 6206 $937 266 1831 63 1 i Ih ~k TABLE V VOTINO AOE POPULATION BY RACE DISTRICTS TOTPOP % OF WHITE BLACK H13PAN AM,INDIAN ASIAN OTHER 180VER TOTAL { DISTRICT 1 15246 28.85 10948 2167 1663 47 627 13 I DISTRICT 2 13016 24.64 11441 681 701 69 128 6 DISTRICT 3 11713 22.17 9598 864 847 32 374 8 DISTRICT 4 12861 24.34 10435 883 917 83 489 14 i k CITY TOTAL 62835 100.00 42422 4675 4078 201 1516 41 PLANNING AND DEVELOPMENT DEPARTMENT: 1990 CENSUS DATA i i r r t a1 r l~ i - j Ima.~J , 1 1 \ + DISTRICT 3 I 1990.12,013 DISTRICT 2 i 1990 • 14,260 increase • 11.71%-•-~. - 1 ~'i 1960 • 12,114 1990 T~I r • ~ ' ~ I ~ I `~{fs`-._'''r,! r Increase • 46.9344 1 IT[ DISTRICT 1 ~ ~ ,V, 1910.11,S7S , J 1990 • l ras ~ Incrum • 51,96N - DISCRICr 4 ' •y~ 4 L•.• i J . f 3910 .13,063 / I 1 ^ 1 ~ 1990.1S,9SS lnerou .12 03% ~ r f r J'1;~ r I _ LEGEND _ r MAP 1 - citr s w+►s ~n+e CI1Y OF DENTON I ~ra~ pgtRGP BOUNOARr Lr1uE , POP1IVO ING DISTRICTS N BY 1980.1990 r PlannimS and bevclopment Department-----j-41 a a 41 a I I L , LEGEND ' asrRrcT BOUNDARY Lu+E ' ~~r• W*r mdo PRECWCT 90UNOARY LADE ' DENOTES PRECINCTS SPLIT BY J DISTRICT BOUNDARY LNES I (Sae MAP s For Bbwup 01 !1/ Tnese Araas) ~ l`~ f 403 PAEGtrCT NUMBERS 417 1 ii I 403 -1'~ - - 419' " ~wo % ~L--~ G taa ? 1 40 4 , 106 I ` M I a , r 407 at-off 06 o 4- _ - 1 j 1~ ; J • 405 408 409 1 t 1 1 110 105+ - , 08 e410 118 - ~ I 1 I ' L I ~ 415 T 1 R~T 1,ry „I i 109 103 L 412 416 O\~.~P J 108 % - 0 414 301 4 MAP 2 ' CITY OF DENTON _ y VOTING DISTRICTS AND COUNTY PRECINCT SOUNDAMES 1 Plrnnini and 1 .w1opmMI Ucpanm,ml J DISTRICT 3 I - DISTRICT 2 _ T1 • 110 110 Y ~ X111 G:, 406 r 410 .r.r. r.r... ` . w t I 410 i DISTRICT 1 ~ 416 ~.r• j I 1 103 Lij f DISTRICT 4 los 416 1 UMING OF SPUT Mss PRECINCT 406' DISTRICT 1 and 4 PRECINCT 410. DISTRICT 1 and 4 LEGEND PRECINCT 103 - DISTRICT 1 and 4 ■t■w. pStAiCT ®OUNOAAY LM rrr.r WOW BOUNDARY LM PRECINCT 416 • DISTRICT 1 and 4 PRECINCT 110' DISIRICt 1 and 2 MAP 3 CITY OF DEMON PRECINCTS SPLIT BY VOTING DISTRICTS , rlannina and os,y lapmrm Umpartmmt J I I; + s, `y~..i .NVd Yt~ I F, DATE: 1/19/91 CITY COUNCIL REPORT FORMAT TO: Mayor and Meabers of the City Council ~J h FROM: Lloyd V. Harrello City Manager SUBJECT. PLAT PROCESS RE-WRITE RECOMMENDATION: PIZ recommends approval. 5 UNiMAR Y r Attached is a Summary of conceptual amendments to the Subdivision and Land Development regulations. These amendments have to do Principally with the process of platting rather than the development standards a development must meet when it is platted. i~ PURPOSE AND PRINCIPLES The fundamental purposes of subdivision or platting requirements ara: 1. to precisely define property and easement boundaries on the round and 4 on recordable documents. 2. insure that the infrastructure is or will be in place to support the development that would take place on the property being platted or mappedi and that development provides for its appropriate share of that infrastructures x 3. Insure that infrastructure and development occur in an orderly manner &N in accordance with master plane, for instance that the streets "line up': and 4, implement and support development and land use polloy to include consistency with the adopted zoning ordinance, protection of the environment, and insuring against development from inappropriately occurring in unsafe or dangerous ways or places, I These proposals have beeti drafted based on the attached 'Approach to Regulattons (attachment 2), Much of the streamlining ptoposvd here is based on the legal principle that development exactions :Hutt have a direct relationship to the need created by a development j BACXGRCUND: January 25, 1969 executive staff discusses platting process$ + regulatory streamlining and plat procoes. M Plat Process Rewrite match 19, 1991 page 2 July 18, 1989 Staff briefed planning and Zoning on the platting process and new enabling legislations August to Development ieview committee reviewed 'platting Novembers 1969 process amendments. October 23, 1989 re writ, briefed and eliminating Council approval` process January 12s 1990 Development Review Committee reviews 'process section' re-write. May 16, 1990 Briefing made to Governmental Affairs Committee of the Chamber of Commerce. Planning and Zoning discusses 'process section June 27, 1940 re-write.' August of 1990 Planning and Zoning agrees to the formation of a committee. September 6, 1990 Committee meeting. September 14, 1990 Committee meeting. ' October llr 1990 Committee meeting. October 31, 1990 Committee meeting. Novamber 15, 1990 Committee metting. 1991 Plat Committee makes final conceptual January 10, reconmendations lattachedh tabruary 13, 1991 P&I discusses conceptual amendments, i Obviously thin has been a long process. it has also been a careful ones The magnitude of the changes warrants a deliberate, careful and widely discussed procerss. PROCRAN9 DEPARTMENTS OR CROOPS APF'ECTLD! Development Review committees pit, Council Davs opera and Builders. I _a . r+.. IY eL-a,~ ~Y. y fy':TI.F ■ Plat Process Rewrite March 19, 1991 Page 3 FISCAL IMPACT: None. Rea tfully sutm tttd: Prepared by: loy V. Harrell City Manager 46 i Approved:~ Frank B. at ine, ICP Executive Director Planning and Development Attachments 1. summary 2, Approach to Regulations 1 3, other Cities' btandards 19030 s 1 1 i i I I I I >r If1 1 ATTACHNINT 1 PLATTING PAOCESS AMENDMENTS SMART ~ WHAT- IS PROPOSED MTIUNALB 1. 'Minor Plate., Approved by pis. Staff may approve but not deny, your or less lot subdivision with P61 to deny Within 10 days. New ens Dl Snq leg Llatlon. lees then 7,000 AOT and no Eliminate redundancy. Save time. utility or road sstenalons. 1. Replete with public hearings. Approved by Council. p E 1 Eliminate redundancy. Salle tine. 1. (Major) Plhal Plate. Approved by P a E. P a 1 1, preliminary Pleta. Approved by Council. Staff , Elisinat• redundancy. save time.. S. Preliminary plat With City Approved by Council, p arttc! ation. Council 1 D No change. Council should know ( i about and approve funding in support of development. 4. variances Approved by Council. P a i Illnlnate redundancy. gave time. 7. Central DeveloPmtot Plana (OW S) Approved by P a E. P a 1 ~-+II No change. S. Development on a single tract Requited to plat, Platting not requlr,w, ! subdivided prior to January 1, approved by P a a Equity and fairness, Infra. 1910 Ibet°te Denton had or Codncll. structure in piece, r,bdlvlslon ragulstional. S. Single family or duplex develop. Required to plat, Requited to plat. No further elections. only to Bent on a single tract with approved by P A S. Development exactions atreete, utilities, end drainage meet need genatated, in place. 10. Additions or alterations to an Required to plat. PI •Ftlnq not required, existing building, no drainage, Approved by P i 1. Develapaant sections only to 1 14 treat, utility, additional park. meat ntod. Pfoparty {into are Ing, curb cut, or street access known, changes needed. I r++ i~ f IC ~ 1 i I J 1 j N 4 Noll y, ra.ws. ATTACHMENT 1 PLATTING PROCUS AMOUNTS SUMMARY RATIONAL! is PROPOSED _ %M AT I Attorney General Opinion 11101, 13, Subdivision or development in the platting and exactions Plate leg not required. tl estreterrltorial jurisdiction, :a a required. Approved by 1 dedicated road, no utility extvnmionm p A 1 or Council. 9 j necal Nry. Development not Yet occurring, rd. 11, Subdivision, no development, inaide platting and erections conveyance P note oonr thei pl a4 *,actions not nereasary. Convoys t lml requited. Approved by final platting information to city limits (ICLI, land sate. Lot F t ~I else lts S and 19.9 acres. i f or Council. about requirements for final plat buyers. and possible exactions. No demand for tnf mat [uctu[e. Hu 6u bd ivl aloe, no de ae lopme ni ICL, platting and exactiors platting not required. building, so lot lines not needs- ' land eats. Lot mire 40 or more acres. required. Approved by osry. 40 acres trod negotiation r A ! of Council. betveon developers and TMD in 1919. i llerth is ctsaly 11. subdivision to cue out a piece of a Final plat an tract 61st of la rger tucti 39.9 to to acres. neaTresrer mallet th e e tract, larger tract ou by one, ce of being cut out, Gonetal It no development, land sale. to start, and infrestructute GDP re9uirsd or. larger tract. C needs are clfefen. . eats LO rrltorlal jurisdiction or Da velopmant plan fODP1 _ Co rev eyann Plot, 1t 'cut out, Ic City. rn larger tract. at least a acres I City. Final Pit., It 'cut out' is loss than 9 acres- it development on 'cut out. General Development plan on larger tract - Final plat on 'cut out' f in lemorts tong range - site of Isoior tracte to a Acres. planning in private sector. ~y, It no development - Plat tIng act tequila$ i! SaVelopment on 'cut out' GDP larger tract - Plnsl plat on 'cut out' y I i Milk/4 t ~ t I 1 I I i f . as • I I 1 1 I f t i a Wvl inn yy i I ATTACHMENT 1 I~ PLATTING PROCESS AMENDMENTS SUMMARY ' PROPOSED - RAT tONAL1 , WHAT I9 Id. General Development Plan data regulrad. Ce ne[al Development JP.R Ac rat or Less ? i - Flan P[si lmina sy Flat on larger tort I Final plat if development or conveyance plat, if no development. _ Add average dally traffic and ►tore Comprehensive infrastructure water run-off data. Could be Provided impact analysis aM long range by staff. planning. lf. a'to i111. 6ldewalte Article Redevelopment on existing lots 6ldewalas maybe 6ldewe1as rut tequl[ed. Asssssmant added 'to afsatr of lniruluctu[e eraetions. exacted. Regular program phrase eliminated. not tequfred. No 'regular esnesmment program assessment program.' mentioned. mentioned it, Allow as stated it, state enabling laws. consistency with nablfrag ]aw+. ` it. AMendinq plats to c,rrect Wort- lb. 'Ae+identfal' rapier notice. Te all lots within sub- Notice to lot owners within 700 fee- and Consistency with enabling lave. division, unless MO E@ within subdivisitn being replatted, add than 100 lots, then loi rule and super-majority rule in notice to $00 foot accordance with state enabling laws. a radii.. Applicable to tv platting where It, Public improveeent guarantees. Required before building Require belo[a building tae begin. building permits art not issued. j permit is issued. , r I 7ulAis E , , , I 1 I 1 I 1 f ' f r i i f i ATTACHMENT 2 FASTER, EASIER, CHEAPER, BETTER AN APPROACH TO REGULATION (FA57191: Decision making and administration do not have redundant aspects. Concentration of development and regulatory knowledge and the authority to decide Is desirable. 'One stop' permitting and Information provision Is desirable. Broad and In -depth knowledge of all aspects of the regulations by all the actors who may participate In the process Is desirable. Regulators with broad In-depth knowledge are preferable to specialists. Development review is a staff priority. Developers and builders are treated as cllents.'Passing the client around' is minimize. Staff provide quick, accurate, and comprehensive answers. iEASOME: Understandable by laymen. User friendly. The regulatory process is easy to follow and Is in a logical sequence, parallel to the development process. The regulatory language Is as much as possible non-technlcal. Technical terms are clearly defined in simple terms. The format of regulations makes for quick reading and answers. There are complete tables of contents and indexes. The regulations are word processed for easy amendment. Checklists, Illustrations, Intent statements, i commentary, and examples are helpful CHRAPIA: A faster process costs less. Elimination of unnecessary or redundant steps saves materiel and tlr.i,. Easy to understand and use regulations, logical process, and comprehensive Information giving avoid costly errors and 'do overs'. The greater the ability and authority of a fewer number of staff to make more recommendations and decisions, the quicker and the cheaper the process. The costs to produce necessary Information are minimized. ®{6 TKA: Regulate precisely all the things the community needs regulated in a form and manner which will predictably and directly result In the protections It needs and the visions It has. Do not regulate what does not need regulating. Draft with appropriate flexibility and apply the rules consistently. Use Me regulatory process to facilitate a merging of market and financial forces with community objectives. Unified codes may be faster and better. MAW I ~ 4 y y1. ~ J WA"I I1li WP~ r ATTACHMENT 3 Who Approves a Who Approves Preliminary a Final Average Gen. Devt. City Plat Platting Conveyance Minor Plat c Plat Plan or at Approval Carrollton La stuud by St a ff P i g P i t - } 30 days No Nov Preliminary No, but in the ; Richardson plat Instead works N/A P 6 a 21 days No Plano P i $ No No qp P i 8 30 days Yes Yea Yea Lewisville P i S P i 8 35 days No No, preliminary No, but in the McKinney plat instead works CC CC 44 days No No Dallas No P i I P i e IS days No No Nov but In the Benbrook works P A I Administra- 42 days No tively if No, preliminary Yea clean plat instead Garland P 6 2 P 30 days No Nov preliminary No plat instead Farmers Branch P i 8 CC 45 days No Yee Grapevine No I CC CC 60 days No Yea No, but in the { Addison P 6 I works cc 45 days No I + M No Pott Werth No I P i I Administra- 35 days No elvsly, with Yee, If over Yes P i i chair 0 300A I, Arlington CC Adminlatra- I tively 39 days No No Yes 1913e F ~I r 5 J CITY of DENTON, TEXAS MUNICIPAL BUILDING/ DEN TON, TEXAS 78201 / TELEPHONE (817) 688.8907 Ofllce of fhe Cify Manager M E M O R A N D U M TO: Mayor and Members of the city council G, FROM: Lloyd V. Harrell, City Manager DATE: March 15, 1991 SUBJECT: Nark session item 05 - Denton North Water Plant I' Attached please find a synopsis of a proposed contract between the City of Denton and the Upper Trinity Regional Water District regarding a proposed development contract for the M Denton North Water Plant, Bob Nelson, Executive Director for Utilities, will be present at the meeting Tuesday night to bring the council up-to-date regarding the discussions and i proposals of this agreement. Lloyd Harrell City Manager Attachment f , s r SYNOPSIS JOINT DEVFLOPMEIIT CONTRACT FOR DENTON NORTH WATER PLANT CITY OF DENTON AND UPPER TRINITY REGIONAL WATER DISTRICT Y R / 1 1 1 1 (t ' 1. Reaffirms Denton's support for creation of the District and Denton's invitation to District to participate in the proposed new water treatment plant; recognizes that Denton took significant advance steps to assure timely acquisition and development of the Project. 2. Denton and District desire to participate in joint develop.nent of the North 'treatment Plant and associated facilities as "tenants in common". 3. The Jointly owned facilities of the Project to include the raw water transmission line, the treatment plant, chemical building. maintenance facilities, administration building and treated water transmission line to Denton. The plant site will be owned by Denton and th9 District will lease an undivided share. 4. Denton to serve as Project Manager. A Construction/Operating Committee (C.0.C.) with equal representation from both parties to provide general oversight. 5. Subject to terms of the agreement, Project Manager to have sole possession and control of the ProJect and shall design and construct the Project. All employees to be employees +of Denton. 6. Pro rata cost responsibilities for the District to be retroactive to June 16, 1989, the date the District was created. 7. Both parties recognize the mutual benefits to be gained by cooperative development of the Project and will require no compensation other than pro rata cost responsibility for their respective shares. 8. Generally, Denton will own 51% of the Project and the District 49`k. Certain elements will be at different percentages, based on projections of future need. 1 1 , I 1 ,i: E9,NI ~r r . it 9. Conveyance of the District's equity interest and delivery of funds to take place at a "Closing Date" within 90 days of date of contract, unless extended by mutual agreement. 10. Denton to manage the plant lands and may issue ermits 4r-~ and leases for short term uses thereof, such as recreation and agriculture. 11. District may use its portion of the plant site for other activities of the District, not incompatible with the purposes of the Project. 12. In conjunction with the Project. Denton and District to I~ provide for orderly transfer of Corinth and LCMUA f the Denton system to the District system. rom 13. Project Manager to keep separate and accurate records of Project cost and Project operations in a utility enterprise format, 14. Assets and funds of the Project shall be considered a "separate and sacred fund" to be used solely to { provide the services contemplated by the agreement and to maintain cost at reasonable levels. 15. Contracts of the Project to provide for several but not joint liability of Denton and District. 16. The Agreement provides wide latitude to Denton as to when to schedule construction contracts so long as service needs are met. 17. Generally, contracts and change orders will be approved and awarded by Denton. Those over $10,000 will require concurrence by the C.O.C. Those over $100,000 will require approval by the Board of Directors of the District. 18. District to reimburse Denton for pro rata construction costs as expenditures are made from time. Fixed operating costs to be shared in proportion to ownership and to be paid by District to Denton in advance monthly. Variable operating costs to be shared in proportion to actual usage and to be reimbursed monthly. 1 J I r i i • is .v. ~R 19. Indirect cost (vupport services provided by other departments of City of Dentonl shall be considered a project cost and shall be charged at rates determined by special studies. 20. Create an operating reserve of t annual operating costs. PProximatety 1Qs6 of 21. The annual budget shall be prepared by the Project staff with input from the C.O.C. and shall require approval of the Board of Directors of the District and the City Council of Denton. 22. The Project manager shall provide periodic budget reports to Denton and District. 23. At the end of each year, actual costs shall be reviewed ` and the accounts of both parties shall be adjusted in a r "settle-up" process. 24. An independent audit shall be conducted each year and copies thereof provided each party. 25. Fiscal year shall be October 1-September 30. 26. Denton and the District agree to coordinate planning for the water treatment needs and necessary reserve capacities of their respective systams to gain the maximum benefit at least cost. 27. If needed prior to the next planned expansion, Denton and District agree to provide access to each other reserve capacities by mutual agreement and according to standard procedures and terms and to compensate for such use according to conventional utility cost, 28. Denton will cooperate with District in planning for the wholesale ccapacity ustomerstbutewillth not needs the District's of subsidize the that service. 29. Denton desires to own 51% (5.1 mgd) of the initial capacity (District 49%, 4,9 mgd). To meet the projected needs (6.8 mgd) of the District. Denton agrees to sell water or lease capacity to District until the plant is expanded. JPF w w+~ 1 w 30. Denton and District will schedule the construction of the plant to meet combined need of the , taking into account the treatment two parties Denton's existint capacity wavtailrlant able s, constructs+d, Denonplant. Until the neis temporari! agrees to sell from water wells toxmeet capacit the District, plant or 31. Both parties agree expansion to provide for future project ca acit prior to the treatment plant reaching 95% of A y. 32. Both parties agree to cooperate and to facilitate a needsct expansion requested by the other party, The of nither owner can not refup arty can be ignored and the majority se o requested b provide for a timely expansion y the minority owner, 33. No water rights are conveyed but temporary sales of raw water may be offered by Denton to District. 34. Provides for customary insurance. 35. Usual default clauses. J 1 ~ i 1 1 1 L C1tY of OtNTON, MAS MUNICIPAL BUILDING / 215 E. McKINNEY / DENTON, TEXAS 76201 MEMORANDUM RATE. Mamb 8, 1991 r. TO. Lloyd V. Harrell, City Manager THROUGH. John F. McGrane, Erecubve Director of F7 mvve i FROM. Mark L. McDaalei, Budget Analyst SUMIECT.• 1991-92 CITY COUNCIL BUDGET PRIOWIES QUESTIONNAIRE f Please ford atlacbod the 1991-92 Cit y Council Budget Priorieies Questionnaire. ~3'~~s-°~_~'~a1so 1nca~rr~r,Ars a final aactien r4~;rr,A,t r~ early direc_~hnn,S~ltacil lrrardra>r ~o••r ,r:~, tar s•__ ~~.y.~ (As with last yew's qu i)-maarre, i h8ve also Atlacbed s summary of cunxot fundiag kvdg from the 19.E 91 bu*d to be used as rofcnoce.) Our curnmt 1991-M budget whoduk calls for. i i 1) UUW fwbamzv dimhibadm m ommcilmembers on Mauch 19,1901; 2) tcWm of completed yeatioomm by Coemcilmamben by Mrmb 26,1991; and, J) &&,Nt&a of o"Watire readrs to Cou dmemb&s on Apra 2, 1991. If I Carr provide add doaal fomA&Is for your review, pkase advise. 8171566.8200 D/fW METRO 131.2529 w~ 1 ►p , CITY COUNCIL BUDGET PRIORITIES QUESTIONNAIRB 1991-92 BUDGET i PMue kelicate your pmfornoce fa the City L efforb M the upcookS 1991-92 budsd yar by ckollot the number in cock row rbkk"accmra* reflectsyour iapome. 1 x a~ a o r y a z Ky ~7•~, x .T a,< y h r. ~ ¢ r V. Po l3 a r~T r~ ae n 4~~.- ~ F' ca X s~ G Y P ` y R t ~f S 1~ ~a , BD(i('$ fJHUUM AI a SAFETY [DLIC SERVICES POLICE PATROL 0 1 2 3 4 5 6 7 CRIME INVESTIGATION. 0 1 2 3 4 5 6 7 DRUG ABUSE/ENFORCEMENT PROGRAMS 0 1 2 3 4 5 6 7 COMMUNITY ORIENTED POLICING (COPS) 0 1 2 3 4 5 6 7. PARKINO/TRAFFIC ENFORCEMENT 0 1 2 3 4 5 6 7 ; I= PREVENTION 0 1 2 3 4 S 6 7 C". EMERGENCY MEDICAL (AMBULANCE) 0 1 2 3 4 5 6 7 *I~= SUPPRESSION 0 1 2 3 4 5 6 1 EMERGENCY PREPAREDNESS (MANAGEMENT) 0 1 2 3 4 5 6 7 ENVIRONMENTAL HEALTH (INSPECTIONS, ECT.) 0 1 2 3 4 5 6 7 ANIMAL CONTROL 0 1 2 3 4 5 6 7 MUNICIPAL COURT 0 1 2 3 4 5 6 7 PUB WO ME SERVICES r STREET MAINTENANCE/REPAIR 0 1 2 3 4 5 6 7 STREET CONSTRUCTIONIREBUILDINO 0 1 2 3 4 5 6 7 1 STREET SWEEPING 0 1 2 3 4 S 6 T' TRAFPIC SIGNALIZATION1E14GINEERING 0 1 2 3 4 5 6 9 AIRPORT DEVELOPMENT 0 1 2 3 4 5 6 7 M TY PUBLIC TRANSPORTATION (SPAN, ETC.) 0 1 2 3 4 5 6 7 NEIGHBORHOOD SERVICES (NICE, ETC.) 0 1 2 3: 4 5 . 6 7 DOWNTOWN REDEVELOPMENT (MAIN ST., ETC.) 0 1 2 3 4 5 6 7 LOW R MODERATE INOOMIS HOUSING 0 1 2 3 4' 3 6 7 LONG RANGE COMPREHENSIVE PLANNING 0 1 2 3 4 5 6 7 t 1 1 "1 s i CITY COUNCIL BUDGET PRIORITIES QUESTIONNAIRE r 1941-92 BUDGET P1a w 6idkaoe your prrform 0 for do City dfatL U r60 rpoomiea 19911-92 bodketyov by chding 60,umbar L d" 10W WW aot 110WAtOdr lira" Pmr r*WMW. & F~' f Sa fM : h~ ^f iF 4 W.'. V W M' '.Y [ .A 'Y i"^A y•~YfY M~v- Mprl ~ dxf o- M ° ~a xr DEVELOPMENT REVIEW PROCESS 0 1 2 3 4 S 6 7 CITY PEAUTIFICATION (PARKS. FACIIATI S, MAD"E" 0 1 2„ 3 4 S b 7 CODE ENFORCEMENT DEMOLITION OF SUBSTANDARD BLDO 0 1 2 3 4 5 6 7 ` SIGN V101.ATIONS 0 1 2 3 4 S 6 7 HIGH WEEDSIQEBRIS VIOLATIONS 0 1 2 3 4 S 6 7 BUILDING INSPECTION 0 1 2 3 4 S 6 7 j PA_ KS AND S-UR RARY TYPESERVICES NEW PARKSIPARK EXPANSION (IN NEIGH9ORHO' OD, COMMUNITY) 0 1 2 3 4 5 6 PARK MAINTENANCE (ATHLETIC FIELDS, MEDIANS, MOWING) 0 1 2 3 4 5 6 7 NEW ATHLETIC FIELDS 0 1 2 3 4 S 6 7 GREENBELT SYSTEM PLANNINO(DEVLOPMENT 0 1 2 3 4 S 6 1 RECREATION CENTER PROGRAMS 0 1 2 3 4 5 6 7 ` SENIOR CMZBN PROGRAMS 0 1 2 3 4 S 6 7' YOUTH RECREATION PROGRAMS 0 1 2 3 4 5 6 7 NEW ATHLETIC PROGRAMS 0 1 2 3 4 S b 71 i CIVIC CENTER MAINTENANCE 0 1 2 3 4 S 6 7 i I~ 7 S j II PROGRAMS (IN GENERAL) 0 1 2 3 4 b LIBRARY EXPANSION 0 1 2 3 4 5 6 7 LIBRARY YPIMUCHILDREN'S PROGRAMS 0 1 2 3 4 S b 7 LIBRARY REFERENCE SERVICES 0 1 2 -3 4 S 6 7 4 S 6 7 0 l 2 LIBRARY AUDIOPASUAL SERVICES r 3 1 ' I t } 33y..r . a !/Nl~ 1 l k" C.Mtt+rg CITY COUNCIL BUDGET PRIGRITIES QUESTIONNAIRE - - 1941-An BUDGET MOW Jk0Q* lour W Wdnvm far the cry's efforts In the rpoam7qS 19DJ 97 WdBet y ear 6y elrcllss the ssmyerV arj row wA:rl east eaauratdyleBatiJ ~ your eayioere • ~ E",. ron P~ ~.~,.M ~.i~~`i,>~ T *,t`$:~ v3~~~ < 9~ ~i 't b° "i'. d. a+oFT h wC } 9Z e4 i P Y 'S`R~A YT~ T t♦ 4 ~a~s y '.Z k,~~".,K 4 - LEGAL SERVICES 0 ' I : j INFO/DATA PROCESSING SERVICESI 0 2 3 4 5 6 7 OPERATIONS ANALYSIS 2 3 4 5 6 7 (QUEST) SERVICES 0 I 2 3 4 S ` RISK MANAGEMENT 6 7 r INTERNAL AUDIT SERVICES 0 I 2 3 4 5 6 I PERSONNEL RECRUITMENT 0 2 3 5 6 ? 0 I 2 I EMPLOYEE TRAINING/DEVELOPMENT 3 4 5 6 7; 0 I 2 3 4 5• 6: 7 APFIRMATIVB AcnON 0 1 2 3 4 5 6 7 TYPE SERVI fi3 DRAINAGE DISTRICT 0 I _ STORM DRAINAGE IMPROVEMENTS 2 3 4 5 6 7 NEW WASTEWATER TREATMENT PLANT 0 I 2 3 4 5 6 7 0 1 WATER STORAGEMESERVES 2 3 4 5 6 7 0 I 2 3' 4 5 6 7 LITTER PROGRAMS 0 t RECYCLING EFFORTS 2 3 4 5 6 10 I 2 3 4 5 6 7 t OTHERS RVICES/ISS _ CONTRIBUTIONS TO HUMAN SERVICE AGENCIES 0 CURRENT HOTEUMOTEL TAX CONTRIBUTIONS 12 3 4 5 6 7 0 1 2 3 4 5 6 EMPLOYEE PAY PLAN ADJUSTMENTS/BENEFITS 7 0 I 2 3 4 5 6 ECONOMIC DEVELOPMENT, 7 INCENTIVES FOR DEVELOPMENT (TAX ABATEMENT] ETC.) 0 1 2 3 UTILITY INCENTIVE RATES 4 5 6 7 0 I 2 3 4 s 6 7 UTILITY INCENTIVE LINES 0 I 2 3 4 5 6 7: OTHER: 0 I 12 3 4 S , 6 7 e i J I 1 1 I rl t to rate m F "m ,gpre ss P indicnre below aay apmf acoima or prep u* tee 1991-92 aanwl UKC* et (&c filar ixm hsW b mW your eigbest &foction rear you desire skff 2 x el 6 7 F l 8 t f 9 i ` !D F M,. 1 f 4 CITY OF DENTON ANNUAL PROGRAM OF SERVICES OEMERAL FUND EXPWITIIRE SIR9MRY 1990-9+ IUOOET VABEE 1 19M-9o~ 1990-91 DEPT " 1919-90 T IN Y emi AC 0000 = 149.662 t 161,971 GENERAL GOVERNMENT = 452,122 = 181.971 0013 = 0 = 113,370 $ 111,487 1} 183,863 COOS ENFORCEMENT 0001 = 326,060 f 312,562 $ 365,120 = 383,551 LEGAL ADMINISTRATION 0005 f 16,162 { 97,915 f 86,938 = 103,115 MUNICIPAL JUDGE 118.685 $ 1350726 { 109,113 PUV LNG AM DEVELOPMENT 0015 = 120.426 f 0014 360,7 3431714 344,9650 3. PLANNING ADMINISTRATION BUILDING INSPECTION MAIN STREET 0016 1 f { = 191,565 TOTAL PLANNING AND OEYELOPMENT 7/0,935 792,400 760,691 FIFINAE 216,153 S 222,111 s 2212 5,102 S . a FURCHAS ADMINISTRATION 000021 f 215,999 816,311 8U,623 917,552 PURCHASING S 762,040 2+99919 220,957 235,399 TREASURY f0.YlCE 00022 023 210,314 422,426 422,369 01,946 ACCOUNTING 002/ 316,871 61,114 ACCOUNTNG 55,752 262,,620 -2 65'- 235.732 TAX 0026 119 %2 - 2,360,11+ MUNICIPAL COURT 259,,1, i 2,111,767 $ TOTAL FINANCE S 2,017,729 2, { T [NINFORMATION£SERVICES ADMIN. 018 { ;11,862 195,932 s 7.854 = 20IL WORD PROCESSING 931,225 1,033,621 = 1,0076197 { 1,0730963 +I f >j TOTAL INFORMATION SERVICES 0009 ; 156,939 >j 172012S = 112,125 f 166,510 MS/EO ADMINISTRATION 66,161 ; 45,355 S 43,310 f 34.144 0003 f QUEST 0001 405,093 = 430,655 >j 427,437 f 112,996 PERSONNEL FNENVI 1ENTAl Silli11CE5 612 129 , 491 13 7'm eie u7 267 191 ENYIROIIlENTAL NIALTN SER1PlCK 0 _ 110,/77 ANIMAL CONT80L 105,m j 39102 po" j 3T6,0M f MAL NRMITAI SRICES • Estiaat/ as of May, 1990 100 -o*acat*d to Qua2lty 9asvle." t 4 , CITY OF DEMON , ANNUAL PROGRAM OF 3ERYICES GENERAL FUND EKPBIDITURE S~ 1990 91 81DOET (PAGE 2) PERSONNEL III IDRKER YEARS! DEPT 1981-89 i389-90 1919-90 1990-91 CODE S IUmT ESTIWE* ADOPTED PARKS AND RECREATION PARK 6 RECREATION AOMIN. 0060 f 220,460 f 229,341 f 225,722 f 234,084 LEISURE SERVICES 0062 819,129 1,005,467 992,936 991,379 PARK MAINTENANCE 0063 811,106 1,011,618 1,051,030 1,061,533 BUILDING OPERATIONS 0002 _ 833.171 910 117 915 S56 134.633 TOTAL PARKS AND RECREATION f 2,001,169 f 3,116,909 f 3,191,246 f 3,227,629 LIBRARY LIBRARY ADMINISTRATION 0070 f 208,127 f 189,602 f 191,054 f 200,345 J SUPPORT SERVICES 0072 211,648 324,116 291,812 306,140 ) ADULT SERVICES 0073 223,130 251,601 272,315 322,152 YOUTH SERVICES 0074 169.199 169.554 170 .065 175.9 80 TOTAL LIBRARY : 172,104 f 941,206 f 925,246 f 1,004,617 ENGINEERING AND TRANSPORTATION ENGINEERING 0010 f 868,413 f 928,115 { 938,655 f 986,150 TRANSPORTATION ENGINEERING 0012 368,271 366,129 356,827 313,180 STREET PATCHING 0073 721 259 8101095 821,496 8601137 STREET CONSTRUCTION S/0 STREET LIGHTING 0034 30.63/ 6"1561 3b0~61A 313000 TOTAL ENGINEERING AND TRANSPORTATION f 2,927,831 f 3,202,930 f 3,202,717 f 3,301,121 AIRPORT 0019 f 93,143 f %,581 f 96,581 f 79,553 r POLICE 0040 f 4,820,910 f 5,457,612 f 5,345,127 f S,766,S12 FIRE FIRE ADMINISTRATION 0050 f 477,184 f 540,209 f 543,985 f 549,522 FIRE OPERATIONS OOS1 2,933,115 3,164,341 3,311,694 3,283,956 FIRE PREVENTION 0052 154,391 166,211 135,112 203,019 EMERGENCY MEDICAL SERVICES ~ 904: $70, 1" 8~,~ 907:m EMERGENCY MINAGETIENT ?2,387 r TOTAL FIRE f 4,533,712 = 4,809,593 : 1,921,616 f 5,016,013 COMMUNITY SERVICES sCOr"RE'E'TN'swnF~itw/t awo DA01' RAIiwI/E 06100 3~si:54e f 3AT: = IN 'u1 f 101 /DD6 TOTAL COMMUNITY SERVICES f 611,006 { 962,066 : 562,10 : 101,601 MISCELLANEOUS/FIN 020H = 1,107,S10 f 935,391 f 90,000 f 710,934 MISCELLANEOUS/ACCT 024A f 1,212,121 f 1,234,731 f 1,224,10 f 1,262,OS6 CONTRIBUTIONS TO AGENCIES DISH f_ 156.100 S 158.800 S 151 100 1 161,600 TOTAL GENERAL FUND EKPEIDItURES f2S_esU_t/t ifjJtf Nft.w 081 N1t Alf w Es IWI as of May, 1990 101 "DIdicatod t0 Ouslity 1 a CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Waiver of Penalty and Interest on the tax account of Mike Amador, Jr. 297810) RECOMMENDATION: The Tax Technician, after reviewing the Texas Property Tax Code and conferring with the Property Tax Board in Austin, recommends the waiver of the Penalty and Interest on this tax account. SUMMARY: The Penalty and Interest may be waived by the governing body of a taxing unit under certain conditions. (See attached section of the Texas Property Tax Code.) BACKGROUND: This account was coded by the Denton Central Appraisal District to send the Tax Statement to a tax service company instead of to the property owner. The owner did not receive the statement and did not pay on time. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: The Tax Department and the tax account of Mike Amador, Jr. FISCAL IMPACT: $ 30.58 RE PECT LY SUBN f'iED: Lloyd V. Harrell City Manager Prepared by: ame Vic Schneider Title Tax Technician Approved: Name ar ferson Title T purer 2633C/3 } &C. 33.U11. Waiver of Penalties and kutereat. The governing body of a tarring unit may provide for the waiver of penalties and in. terest on a delinquent tax if an act or omission of an officer, employ- ee, or agent of the taxing unit or the appraisal district in which the taxing unit participates caused or resulted in the taxpayer's failure to pay the tax before delinquency and if the tax is paid within 21 days after the taxpayer knows or shoul-A know of the delinquency. Added by 1986 Tax. Laws, p. 6603, ch. 769, Sec. It, amended by HB 432, 71st Leg., 1969, off. June IS, 1969. Crone Refarencese Lagialature has no power to authorize taxing unit to extinguish liability, ses art. Ili, Sec. 66, Tax. Cont. Penalty and interest accrual, see Sec. 33.01. Notes: Imposition made for delinquency for failure to pay taxes, whether these impo G: anions are denominated "penalties' tintsrsat,' or Yorfaltures' or whether pt* scribed without definition or name are all in reality penalties imposed for de• linquency that an not past of the tax propos and thus subject to legislative control and remittance. Jones v. Williams, 45 S.W.2d 130 (Tex.1931? where school board refused to waive penalties and it.tereat, taxpayer had no claim for refund under Sec 31.01. Even it penalty and interest were illegany so- gassed, the voluntary payment rule barred right to te(bnd. Sheldon v, Jasper Independent School District, 768 S.W.2d 884 (Tex.App.-Beaumont 1989). f i 3 . 6 I i i p 4C 1 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Waiver of Penalty and Interest on the tax account of Kenneth L. Ford, Jr. 283050) RECOMMENDATION: The Tax Technician, after reviewing the Texas Property Tax Code and conferring with the Property Tax Board in Austin, recommends the waiver of the Penalty and Interest on this tax account. f SUMMARY: The Penalty and Interest may be waived by the governing body of a taxing unit under certain conditions. (See attached section of the 1( \ Texas Property Tax Code.) BACKGROUND: This account was coded to send the Tax Statement to a tax service company in error, instead of to the property owner. The owner did not 1 receive the statement and did not pay on time. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: The Tax Department and the tax account of Kenneth L. Ford, Jr. FISCAL IbIPACT: $ 66.78 j R E L..00 C LLY ~UBM TED: o Harrell City Manager Prepared by: ame Vic Schneider Title Tax Technician Approved: i F R ame Ha Jefferson Title Tr'asurer 2633C/3 e R a ~ a r W , I 1 Sec. 33.011. Waiver of Penalties and Interest. The governing body of a taxing unit may provide for the waiver of penalties and in. West on a delinquent tax if an act or omission of an oft'icer, employe- ee, or agent of the taxing unit or the appraisal district in which th ng unit participates caused or resulted in the taxpayer's failure pay the tax before delinquency and if the tax is paid within 21 days after the taxpayer knows or should know of the delinquency. Added by 1686 Tax. Laws, p. 5603, ch. 789, Sec, l; amended by HS 432, 71 at Leg 1 989, off. June 1511 Yee. Cron References: Legislature has no power to authorise taxing unit b extinguish liability, see art. Ill, Sec. as. Tex. Cont. Penalty and interest accrual, we Sec. 3303. Notes: f . Impositions made for delinquency for failure to pay taxes, whether these impo. sition are denominated "penalties' lintereek' or Vorfeiturw,' or whether pro. scribed without Moition or name, are all in reality linquency that are not part of the tut penalties imposed for ve F control and eemittanea. Jones Y. William, 48 S.W 2d 30 (TOL 193 legislative %lere school board rihsed to waive penalda and inters clelm for reflood under got 31.01. Even if penalty and intern wtaxpayer had w* illegally a seated, the voluntary payment rote barred right to refhnd. Sheldon v. Jasper independent School District, 768 S.W.2d 984(Tex.APP•-Beaumont 1980). ++I 1 t i I, N alt L~J1L-l/~17~y \ N0. I AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT ['Oft THE PURCHASE OF MATERIALS, EQUIPNLNT, SUPPLIES Olt SER,V1CES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. WIIEREAS, the City has solicited, received and tabulaL•ed 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 tins reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefor; and W1IEREAS, 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, T'IIEREFORE, 711E COUNCIL OF THE CITY OF DENT'ON HEREBY ORDAINS: r SECTION I. That the numbered items in the following numbered bids or mate ials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the Office of the City's' 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 NLMBER N0. VENDOR AMOUNT 122__. -1 MEN SPRAY NORTH r,ar 5 87.b0/3 LB. 1224 _ 2 JUSTIN SEED CO. i 1325.00/'70 GA. 1294 3 T.FSCO INC. S 104.40/10 LB. 1224 _ _Dyj2 j$,_FAltK STOKE -j 127.00125 CA. 1224 1 DENNIS FARM STORE S 11Q.041OA. 224 6 ESTES COHPANY ; 54.69/10 LB. 1224 LESCO INC 1 9.25/L . _1224 8 DENNIS FARM STORE $ 13.50/CA. 21 24 9 ` JUSTIN SEED CO. S 4.50/0A. 1224 10 DF.NNIS FARM STORE S 4.591CA. 1214 11 11ARPOOL FERTILIZER CO. $ 280.00/TN. 1224 12 11ARPOOL FERTILIZER CO. $ 199.00/TN. 1224 13 11ARPOOL FERTILIZER CO. 149.00/TN. 1227 ALL BILL UTTER FORD 144,3fiG.75 J _a ll ~ vy I. t 1 F bbb I l 1 SECTION 11. That by the acceptance and approval of the above numb ere tems of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION III. That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a reault of the acceptance, approval, and awarding of the bids, the City Manager 4rl, or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions specifications, standards, quantities and specified sums container in the Bid Proposal and related bid documents herein approved and accepted, SECTION IV. That by the acceptance and approval of the abov3 numbered items of the submitted bids the City Council hereby authorizes the expenditure of funds therefor in the amount and in 7 accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effect' imme atUf -e y upon its passage and approval. PASSED AND APPROVED this day of lggl, BOB CASTLSHERRY, MAYOR ATTEST: 1 JENNIFER TE ,CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: PAGE TWO i k y d 1 DATE:March 19, 1991 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECTS BID 11224 - FERTILIZER AND HERBICIDE pprove award of low bidders meetinanual bid for an gdspecifications as 0- to e estimated A$20j50Council to outlined below: Itew _,SPPbY 1 _ O2i4STHust $ 387.60/3 lb. uug r~ item Sti 2 _B$B2 Roundup $ 1325.00/30 gal.drum item Item 9 Surfactant $ 4.50/gallon , LZ,5I4_IMfli Item 3 Pendimenthalin $ 104,40/10 lb. bag item 7 OrtLene $ item I8 4 _EAflflE 127.00/2.5 gal-,dug item Super Trimec $ 110,00/gallon Item 5 Poast 13.50/gallon IItteemm 180--- AS - 011 $ $ 4,50/gallon ' BB Item _ 6 2Q L Log ogic $ 54.69/10 lb. bag I HA Aug L- EA.211"1E2 _ 24J. Item 11-- 15-5-10 50% SCU Fertilizer $ 280.00/ton Item 12-- 15-5-10 87% SCU Fertilizer $ 149,00/ton Item 13 15-5'10 Ammonia Nitrate $ BpbdAgY: The bid is for the annual price comparison on fertilizers, herbicides, insecticides, etc. for use by the City of Denton in maintaining city g BA4jQ12JUN2: Tabulation sheet. I 1 r' I, y i;`{NRA yy 1 I CITY COUNCIL nEPORT ' MARCH 19, 1991 PAGE 2 OF 2 IB9SiPAil._IZEEAflT~El~T_Q8_~Sl2llPS__AEIE~~E&: Parks and Recreation, Drainage and Utility Department. IINAL-IHIA91: Budgeted funds for Ground Maintenance/Upkeep. r Respectfully submitted: Lloyd Y. Harrell City Manager Prepared by: Name: Me -ni -e---ar--de--n a H Title: Buyer Approved: Name: Tom D. Shaw, C.P.M.- ! Title: Purchasing Department MH/jh 133.DOC i I 1 t , 1 I I, ~ A BID 1 1224 1 1 I I 1 I 1 I I I BID NAME Fertilizer d Herbicide CHEII SPRAT I VAN WATERS I LESCO I STERN I HAAPDOL I DENNIS NORTH ROGERS I JUSTIN I ESTE$ I 1 d I INC. 1 CIIEMTECH 1 FRp'IILIZF.A 1 FRAM STORE ? SEED I OPEN DATE. CHEMICAL I February 2B, 1991 I l I 1 ! 1 I I 1 1 I 'TV I ITEM DESCRIPTION I I I _I 1 I_ I I VENDOR I VENDOR I VENDOR I VENDOR I VENDOR I VENDOR I HERBICIDE VENDOR i VENDOR I 1 I I I I I-- ! I 1 I 16 I Oust (3 lb, ( f I I I I I I I Jug) I 3387.60 1 $402,24 1 NiB ; NIB 1 NIB 1 $435.00 1 $423.80 I 1:389.94 I 2 1 1 1 Roundup (30 gal. drum) 11,325.10 1 $1,381.50 1 $1,404.00 NIB I NIB I $1,470.00 I $1,325.00 I $1,325.10 I I I I I 3 1 zo 1 Pendimenthalfn 600 I N/8 1 N/8 I $104,10 1 N/8 1 N/B I NIB I NIB I NIB I 1 4 ) 7 I Super-7rlmec (2.5 gel. 100 lu. bag)1 I I 1 I I jug)[ I NIB I NIB I NIB 1 NIB I N/8 I $127.00 1 NIB I R/e 5 I 11 Posit (I ga L Jug) 1 NIB 1 0/0 1 $128.00 I 1/8 I N/A I 1110.00 I 14/8 I $117.35 I f I ! INSECTICIDE I 1 1 1 I 1 6 I 30 1 Logic (10 It. bag) 1 NIB 1 $56.80 I W/o I N/8 I NIB I 163.00 1 $56.85 I ( I I I $54.69 I 7 1 36 1 Ortnene 753 (1 lb. car) f NIB 1 $9.30 1 $9.25 I NIB I NIB $10.50 1 19.45 1 I I I I I 1 $9.30 I G: 8 1 20 1 MC96 (I gal. Jug) I NIB 1 NIB 1 NIB 1 115.50 I NIB I 113.50 1 N/B I f I I I „6.t1 1 I 1 MISCELLANEOUS I I f I I I J { 9 1 20 1 Surfaosnt, 1005 Non Ionic 1 $11.75 r $7.60 j $12.75 ' NIB 1 N/8 gal. )us) 1 $5.35 $4.50 1 $11,C5 i i I I (1 I 10 1 2 1 AS. 011 (1 gal. Jug) I NIB i NIB i $10.25 1 MIS 1 NIB 1 $4.50 1 9/3 1 16.97 I 1 I FERTILIZER 15-5.10 I 11 1 20 1505 Sulfa Coated area I NIB f N/B = N/8 1 NIB I $280,00 I N/B I NIB I I 12 I 1 I I f N/9 f 1 10 1 $7f Sulfa Coa I f( r ton tad area ( NIB I NIB 1 Y/B I NIB 1 $199.00 1 NIB I 910 1 10/8 1 13 f 6 I Ammonia Nitrate I I I pe iii ( I 1 NIB 1 NIB I 11/5 I NIB 1 ( $149.00 1 1/8 I NIB ( NIB I 1 I I 1 I (per ton) 1 I I f f I I DELIVERn I 7 days I 5 days I 10 days 1 2 days I 1 day I 14 days I 10 days 1 1-3 days I i i • I i I h r1 I i - - r- - e t 3 DATE: March 19, 1991 CITY COUNCIL REPORT TO: ~!ayor and Members of the City Council FROM: Lloyd Y. Harrell, City Manager SUBJECT: BID #1227 - POLICE SEDANS 11190MENDA1.10i We recommend this bid be awarded to the lowest bidder Bill Utter Ford in the amount of $13,724.25 per vehicle. Total bid award for eleven (11) units is $144,366.75 2,UMMABY: This bid is for the purchase of eleven (11) four door sedan automobiles equipped with a special Police Package option. These particular automobiles will be Ford Taurus with 3.86 V6 i engines. They are the first 6 cylinder front wbsel drive cars in the Police Department Fleet. The units are motorpool replaosments for one (1) 1986 and ten (10) 19A7 Ford Patrol Sedans. This is a scheduled replacement for vehicles that have been in the Police Patrol fleet for over 36 months. The Taurus automobiles are approximately $1500.00 per unit less ~r than a comparable equipped full size automobile and the v6 engine has a EPA fuel mileage rating of 19 City 28 Highway. RA"Il11.91M: Tabulation sheet. EH44HflCS._.7tEEAPTMENT_QB_4H4II@~_AEFELTE~1 Police Patrol Division and Motor Pool Fleet Operations. E"DIL-Ibl"I: These units will be funded from Certificates of Obligation approved by Council March 50 1991. I Account #720-004-0020-8707. dfrRe3pect lly submitted: I Lloyd Harrell City Manager Approved: Names Tom D. Shaw Titles Purchasing Agent TS/jh 134.DOC I - l ti rr.: 1, tltlF'~Ytl~ BID i 1227 1 I I I , I i E I I I I I BID NA'-1E POLICE SEDANS I DAVE KRAL69 I KARL KLEMENT I BILL UTTER I I DODGE { FORD/MERCURY I FORD I I I I Or EN DATE 3-7-91 I I I I I I 1 1 I I i I I_ I I f l QTY I ITEM DESCRIPTION I VENDOR 1 VENDOR I VENDOR I I I 1 1 t 111 1 FOUR DOOR SEDAN 1 $14,949.03 1 $13,81?.72 1 $139724,25 1 I I I 1 I I DELIVERY 1 90 DAYS I 60-120 DAYS I 60 DAYS I 1 I I I 1 I I I MAKE/MODEL i DODGE DYNASTY I FORD TAURUS i FORD TAURUS = ` r 1 I I I 1 1 I I I ! I I I ~ ~ , i j i i i ti ,.n t8if.d~ ~ 2651L-513689 /7`/ .//VI(/) AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES ONLY ONE STATE FROM EXEMPTI17G SOURCE UCH OF MATERIDALS RW EQUIP THET PRWIAICH ARE OVISIONS AVAILABLE IN ACCOR ITH PURCHASES DAFROM TE, REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING EFFECTIVE rovides WHEREAS, Section 252.022 of the J.ocal~ilableefrom o one psouvice, that procurement of items that ar,: only av ' including. items that are only available from one source because I co ri , secret processes or natural ar ma d oliesther of patents, Py ghts electricity, gas, films, manuscripts or books; its or components for utility purchases; captive replacement P ublic library that are ui nt; and library materials for a p on e pm, rsons holding available only from , p need not be submitted to rig materials; hts to th9 bids; and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECT at the described following in t ec"Purchase mOrdersisattached ION I. went or---- supplies, hereto, are hereby approved* PURCHASE VENDOR AMOUNT ORDE,r RrR f17 't94.00 ~ I' _ ,,,vet wn CatiTA4IoS_ i t a__ sew - SECTION It. That the acceptance and approval of the above person items shall not constitute a contract between the City and the person submitting the qnotation for such cified items by until the such Purc asing shall comply with all requirements spe Department. authorized to SECTION 111• That the City Manager is hereby con racts relating to the items specified in Section I execute any pursuant to said contracts is hereby and the expenditure of funds authorized. ■ Rs9 k aI k SECTION IV. That this ordinance shall become effective imme ate y upon its passage and approval. PASSED AND APPROVED this the day of x1991 BOB CA TS LEBERRY, MAYOR ATTEST: APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY i 3 BY: } I r A • LSC R~ a . T DATEsMARCH 191 1991 CITY COUNCIL REPORT TOs Mayor and Members of the City Council FROMt Lloyd V. Harrell, City Manager SUBJECTS PURCHASE ORDER #12447 TRAFFIC ENOINE£RINO & CONTROLS recommend a e #12447 to Traffic Controls be approved in the amount of $17,394£00. JUMMA$11 This purchase order is for the purchase of three (3) be 0 installed Traffic Signal gStreet Controllers. lthe sUniversity Transyt controllers Model of North Texas Campus. The procurement of these controllers falls under the high tech exemption from the bid process. They are available only from a single source and protected by patents and copyrights only controllers manufactured by Transyt are compatible with the City of Denton closed loop system. g~~g~gQygQ: Purchase Order 112447. ontrol AFENTUi Traffic. C Divvision, University of North Texas andCitizens ofDenton. EIRAL-I "11 The City of Denton will be reimbursed by the F University of North Texas for all materials related to the acquisition and installation of these controllers. The City of Denton is responsible for labor only. A purchase order from University of North Texas has been received in the total amount of $67,000.00. Respectfully submitteds 1 CH yd Y. Harrell City Manager Approveds Names Tom D. Shaw, C.P.M. Titles Purchasing Agent TS/jh 135.DOC f t I I IIU IJ 11 CONFIRMING ORDER PURCHASE ORDER NO: PC 12447 (IF MARKED) XXX This number must appear on en DO NOT DUPLICATE Irmices. c, boxes, vecklnp ecase nd Up$ Re4 No. Bkf No. Dale: 03 13 91 Pape No. O1 D 'ENDOR TRAFFIC ENGINEERING Ir CONT9R04. "SING DIVISION /901 B rFXASSTREFr/DENrON, TEXAS)6201 ; LAME/ P.U. BOX 7393-21000 7M34100 D/FWMETROWJ6700,r2 FAX917/782.4692 y REDRESS 21000 HWY 75N DELIVERY CONFIRMATION ONLY HUNTSVILLEr TX 77342-7393 ADDRESS s TRAFFIC VENDORNO. TRA47750 DEUVERYOUOT£D 03 15 91 FOB DESTINATION TERMS 01 3 EA VENDOR CAT. N/A MFG NAME 5x798.00 17094.00 = CITY f 96882 8 PHASE CONTROLLERS AND CABINETS - TRANSYT 1880EL TO BE USED ON WELCH STREET FOR 3 INTERSECTIONS i 1 I f j PAGE TOTALS 17x394.00 O1 410 020 NRTX 0001 9150 17,394.00 GRAND TOTALt 17,394.00 VENDOR INSTRUCTIONS, 3, Terms - Net 30 P*ss plherwba opw%d.l t. Send original kngks vAth dmIllcafe copy. 4. ShfPWnp Instructions F 0.13. Destinatkn prepaid rurks1 t wwha so.cowl 2. 13111 to - ACCOImb Payable 6. No federal or stale anles tax shop bs Inckded 21S E. McK Sf. M prices billed. 00-1 7 X 76 1 V F h1 f1n rt Purchasing DWslon r 2516L-7/1589 NO. AN ORDINANCE PROVIDING FOR THE. EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, state law and ordinance require that certain contracts requirin an expenditure or payment by the City in an amount exceeding 10,000 be by competitive bids, except in the case of public calamity where it becomes necessary to act at once to appropriate money to relieve the necessity of the citizens, or to preserve the property of the city, or it is necessary to protect the public health of the citizens of the city, or in case of unforeseen damage to public property, machinery or equipment; NOW2 THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Council hereby determines that there is a public` calamity that makes it necessary to act at once to appropriate money to relieve the necessity of the citizens, or to preserve the property of the city, or to protect the public health of the citizens of the city, or to provide for unforseen damage to public property, machinery or equipment, and by reason thereof, the following emergency purchases of materials, equipment supplies or. services, as described in the "Purchase Crdersr' attached hereto, are hereby approved: PURCHASE ORDER NUMBER VENDOR AMOUNT 1?Z46 ROME BMGIMEF3S $34.569.00 r SECTION II. That because of such emergency, the City Manager or es gnats employee is hereby authorized to purchase the materials, equipment, supplies or services as described in the attached Purchase Orders and to make payment therefore in the amounts therein stated, such emergency purchases being in accordance with the provisions of state law exempting such purchases by the City from the requirements of competitive bids. i r, t SECTION III. That this ordinance shall become effective te y upon its passage and approval. immediaPASSED AND APPROVED this the day of 1991 BOB CASTLEBERRY, MAYOR; 1 ATTEST: APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY J ii BY: I a ~ I r E i i i f t E PAGE TWO i 1 a wwwas~ i DATE:MARCH 1911991 CITY COUNCIL REPORT TOs Mayor and Members of the City Couno'l FROM: Lloyd V. Harrell, City Manager SUBJECT: PURCHASE ORDER !12246 BONE ENOINEERS AMMUNDATI4N: We recommend this Purchase Order to Rone Engineers in the amount of $349569.00 be approved. ARMNAHY: This emergency purchase order is for professional engineering services to perform field and laboratory teat and prepare a Soil and Liner Evaluation Report for the Denton Sanitary Landfill Permitl1590. This ongoing testing and ,1porting is required by the Texas Department of Health. Yale Engineers Inc. will be testing the clay liners on the .stern boundary of the landfill. The liner will consist of approximately 1649560 sq. ft. of bottom and two liner walla 20-30 feet in height. This purchase order has been declared an emergency due to tho very tight schedule dictated by Texas Department of Health. As a 'professional service it is exempt from the bid procedure. • f RACK92 112s Purchase Order 012446. Proposal from Ron* Engineers, Memorandum from Charlie Watkins dated 3.11-91. Efl44flAMS~_4EP BflTZ1E2~T_4$~SiBs~SIPS_dEFE&TE2: Solid Vestal Landfill Operations. FINAL_IRAM This project will be funded from 1990-91 budget funds for special services. Account/ 620-024-0803-8502. Respectfully submitted: Lloyd V. Harrell City Manager Approved: Names Tom D. Shaw, C.P.M. Titles Purchasing Agent TS/jh 136.DOC i r to r Iyt ~ I IIJ I) L CONFIRMING ORDER PURCHASE SE ORDER NO; PC 12446 (IF MARKED) XXX onoThis, number must appear on 26 boxes. W slpe, cases 1 00 NOT DUPLICATE tins, boxes packlrq wlps and Nha I Req No: Bid Na D Date: 03 15 91 Pape No. 01 IDOR BONE ENGINEERS PUACNASlNGDIViSION/901-9 TEXAS STAEET/OENTON,TEXAS 76201 8111383,7100 DIFWMEFA081U7 IO042 fAX817,2874692 IE/ 11234 GOODNIGHT LANE DELIVERY CONFIRMATION ONLY C23 ; IRESS ,DALLASs TX 75229 ADDRESS SOLID WASTE 901 A TEXAS ST DENTONs TX 76201 VENDOR NO. RON49000 DELIVERY OUOTEO 03 15 91 FOB DESTINATION TERMS ;I 1 1 EA VENDOR CAT.# N/A MFG NAME 34,549.00 34,549.00 CITY # 90629 SOIL AND LINE EVALUATION AND REPORTS f I i F. 1 j PAGE TOTALI 34,549.00 34,549.00 GRAND TOTALi 34,549.00 1 630 024 0803 8502 i NOOK kNSTRWTIONS: 3. Terms - Net 301urkeu oth"I" 600*11 Send orglnal invoke with duplttab coM 4. Shipping InslrucHona, F.O.S. ONslination Prepaid *Jo+s on+rwas sop f" 38 to - Accounts "bile 6. No rederal or state pates lax shall be Included _ 216 E. McKin fn prices billed. Purchasing Dh~labn (k,'.,, TY"ney l %IFMnnei Y9Rw'r 6i6A65J+.'/,JVrl~V.:ia3r5..IC ririi..:W:Wa.n,~•Y'r4.s..,. v-,,::<+.,,.. A. e Q cirr o1 o6mrom, r"A= MUNICIPAL BUILDING / 215 E. MCKINNEY / DENTON, TEXAS 16201 MEMORANDUM TO: Tom Shaw, Purchasing Agent FROM., Charles S. Watkins, Superintendent, Solid Waste Division DATE: March 11, 1991 SUBJECT: PROPOSAL FOR SOIL AND LINER EVALUATION TESTING AND REPORTS FOR TEXAS DEPARTMENT OF HEALTH CERTIFICATION OF LINERS AT THE LANDFILL I am enclosing a complete proposal from Rone Engineers for the above- i captioned work at the landfill in conjunction with the large pit which r has been excavated. r This is an emergency purchase order because of our need to continue lining activities which have already begun in relation to the Texas Department of Health compliance schedule for excavation and lining of the large area at the landfill. ar es Watkins i CSW/sc 1W2/030891102 Attachment s xc: R. E. Nelson, Executive Director of Utilities Bill Angelo, Director of Community Services a i i i 811/S66.8200 D/FW METRO 118.2529 P.W 0 t i 4 ]J4 Rona Engineers, Inc.. Metro 214/263.1555 11234 Goodnight Lane Tel. 214/2411..917 RoneEngin Dallas, axes 75 5229 TFax. el. 2i 1245174 DtHayFon WorthlHouston 8001243.8494 Isom= March 4, 1991 March 5, 1991 (revised) Proposal No. 3-02.GD City of Denton Department Of PUNIC Works 215 East MCKlnney Street Attn: Mr. Charles S. Watkins REVISED PROPOSAL FOR: C PREPARATION OF 1991 SOIL AND LINER EVALUATION REPORTS DENTON SANITARY LANDFILL PERMIT NO. 1590 DENTON, TEXAS Gentleman: INTRODUCTION Rona Engineers, Inc. Is pfeased to submit this revised proposal-for preparing the remaining Soo and Liner Evaluation Reports for Denton Sanitary Landfill. This propose! is a revision of January 3, 1991 and Is based on detailed survey Information submitted by Mr. rOPOae S 0-01cheer nary i i 13, 1991. Mr. Watkins requested that this proposal contain detailed cost breakdownsendof the Watkins required to certify the constructed Cfay liners to the eastern boundary or the Iandfi south testing Grid Line F+15. Based on the survey Information submitted by Mr. Watkins, it is estimated that c liners of approximately 154,580 square feet and two constructed liner ways of 20 to 30 feet in eightt walbottom constructed. be The tentative construction sequence was oulonod by Mr. John Lobe ugh, LandfIll Supervisor. This construction sequence Is detailed on the attached calculations. The total cost estimate for preparation of the remaining Solf and Liner Evaluation Reports (SLEF's) Is based on the construction sequence outlined by Mr. Lobaugh and the survey Information submitted. CONSTRUCTION TESTING Construction testing will Involve full-time, on-site monitoring of the construction of the compacted clay liner. For the bottom and sidewall liners, a quafifled sous technician will perform a minimum of one moisture and flefd density tests per efght-Inch Ifft per 10,000 square feet. For lined walls, one moisture and fold density test will be required per lift per continuous length segment of the wall. If the density and/or moisture is not within the material specifications (derived In the precon,tructlon testing), the lined area will be reworked and recompacted until retesting Indicates compliance is achleved. The technician also will sample the compacted soy for every type of borrow sop used during construction and/or at a minimum of twice per lift on tho bottom liners and once per lift per length segment of wall finer. Moisture/density locations and sampling locations will be documented using normal taping procedures (typically by using a grid system). Precise surveying of these locations is not included in this estimate; however, they may be provided upon request. The sampling will be performed _ by pushing a thin wailed Geotechnlcal Consultants GeoscianceVEnvlronmental , Construction Materials Testing ~l 1 n~ hww. a,~ r ~ ItNP, 15 'yl J~3r`1 pCity ro of Denton iProposaal l No DJO. 3-02•aD ` March 4,1991 (March 15, Ml ((evised) ~ r age 2 tube (Shelby tube) use of 'equipment ent and operator o acttas a©eaction to pursh the tube Into the liner With aI hydraulic jack Ills heavy understood that the construction contractor will provide the heavy equipment and operator for the short moisture seal the sample in the i k;me each day. t be a clods it hl back s the l s abo rood atory for wing at the tend of echnician IThe tube sample then will be extr ided to the lab using a hydraulic extruder and wrapped to preserve is 1conditlon until testing begins. Laboratory testing will Include moisture content, Atterberg IImhs, gradation, end permeability tests. Moisture contents, Atterberg limits and gradations, performed as specified, will be lost 6nd nch lift fiv o a rmeabliitrate of y test onetest at is minimum rate of o e lest ineevfAld ery d16ninchtdepth. for every lotted borboralorypepe Y Ten field density tests, and at least one per every two tits. Once. the liner has been constructed, liar thickness confirmation borings will be drilled at a minimum rate of one boring per 5,000 square feet, The borings will be backfilled using benionits powder. praolded that no ~I ~he attached estimate to assure compliance estimated wcosts f So I Liner Quality Control Plan. fetes 9 Is required ` ENGINEERING SERVICES must visit ite In socordanoe with Texas Department of Health Regulations, na Tae iris compacted or of enum tested. ' s necessaryto adequately evaluate and observe testing ofthe liner ` ngdneering services therefore will consist of Me visitations, monitoring laboratory test results and ompteting the Texas Department of Health Soll and Uner Evaluation Reports. The $oll and Liner true eo es rl each area to bA cAn laboratory e data. We will supply f~ vl cSol Reppd Liner also wi will present the res l for the Sofi and Liner Evaluation Reports will present the results of the testing and evaluation. Items other yhan thoSA specified above, which are revealed by these studies or are necessitated by a change In project i }}cope, may require revised field, laboratory, and engineering services. These services will be discussed bnd negotiated on an individual basis. I ANTICIPATED COSTS FOR SERVICES AND SCHEDULE I ervices will be performed In accordance with the attached schedule of fecs• Based on the anticipated uantty of work and the attached schedule, the total cost of this investigation should be on the order of 4,000,00 to $35,000.00. For budget purposes, a maximum cost of $35,090.00 Is recommended. This ost will not be exceeded without prior authorization. I soll cond the estimated antities d dledrand tes ed. tit unant cipattded cond ~ ions acre encounal l~ I, t ill be based on the specil'w qu during Inspection or certification, we will notify you accordingly. You will receive the final report approximately two to three weeks foltowlng the completion of the liners "Ing certified. We will make preliminary data available sooner if necessary. I Rome 1 l S ` c yT t i tl City of Denton Proposal No. 3-02-GD March 4,1441 March 5, 1991 (revised) Page 3 not Thank you for the opportunity to present thls proposal. Please rasdour autthorizatlon to procTerms eed for Geotechnical Engineering Services, Sign and return one copy your hesitate to call if You have any questions or If you have suggestions regarding changes to the agreement or to the proposed work scope. We look forward to working with you on the project. if any questions arise, please call. Sincerely, BONE ENGINEERS. INC. i v y Kent W. Wiken ci~ Staff Engineer Charles M.lackson, P.S. vice President, Engineering " KWW/CMS Copies submitted: (2) Attachments; Cost lEstimate Testing Quantity Estimates Services Terms for Geotachnical Engineering i j t E ( i -X ~ Y j City of Denton Proposal No, 3-02-GD March 4, 1991 March 5, 1991 (revised) Page 4 COST ESTIMATE PREPARATION OF 1991 SOIL AND LINER EVALUATION REPORTS DENTON SANITARY LANDFILL PERMIT NO. 1690 DENTON, TEXAS CONSTRUCTION TESTING All testing during liner construction i 211 Hours, Technician Time @ 525.50/hour...,..... $ 5.380.50 185 In-Place Density Tests tY @ 520,50/each . ...,.....3,792.50 Standard Proctor Test 8 G: @ 5130.00/each 11.040.00 135 Liquid and Plastic Limit Determination @ 537.50/each...... 135 Percent Passing #200 stove @ $28,50/each.. """""..5082.50 71 Falling-Bead, Fixed-Wall Permeability Testo @ $80.00/each 3847.E0 ..u134,99 Subtotal, Construction Testing $24,803.00 LINER THICKNESS CONFIRMATION BORINGS Mobilization, location of boring locations $ 150.00 i 200 Feet, continuous sampling @ $14.00/toot 15 Buckets, bentonite powder for plugging boreholes 2,SOU, W @ $ 10.00/bucket.. 2 Hours, backfilting borehotes @ $118.00/hour 150.61 t Subtotal, Uner Thickness Confirmation Borings $ 3.3u.00 ENGINEERING SERVICES Engineering Supervision, Analysils and Report Preparation 10 Hours, Senior Principal Engineer @ S90.00/hour $ 9000 70 i Hours, Project Engineer @ $70.00/hour., + 20 Hours, Drafting and Secretarial Support @ $30.00/hour........... ..ra 0 1 Subtotal, Engineering Services $ 8.400.00 TOTAL ESTIMATE $34,639.00 Unit prices shown are applicable through December, 1991. Rone Englneers, Inc, reserves the right to modify quantities of above Items including engineering services to account for specific conditions encountered In the field. Modifications may necessitate variations In 1 portions of the recommended budget However, the upper limit estimate will not be exceeded without prior authorizatlon. ; II Rone I 1 l •-1 4 4 y TERMS FOR GEOTECHNICAL ENGINEERING SERVICES THEAGREEMENT this AGREEMENT Is made by and between PONE ENGINEERS, INC., hereinafter referred to as GEOTECHNICAL ENGINEER, and CITY OF DENTON. hereinafter referred to as CLIENT. The AGREEMENT between the parties consists of these TERMS, the attached PROPOSAL Identified as Proposal No, 3-02-13D, dated March 9, 1991, and any exhibits or attachments noted in the PROPOSAL, Together, these elements will consliture the entire AGREEMENT superseding any and all prior negotiations, correspondence, or agreements either written or oral. Any changes to this AGREEMENT must be mutually agreed to In writing, STANDARD OF CARE CLIENT rscognttea that subsurface conditions may vary from those observed at loailons where borings, surveys, or explorations are mnnde, and that site conditions may change with time, Data, Intorprstattons, and iscommendations by GEOTECHNICAL UNGINCEA will be based solalyon information available to GEOTECHNICAL ENGINEER GEOTECHNICAL ENGINEER Is reaponsibla for those data, interpretetione, and recommendations, but will not be responsible for other part es' Innrpretelfons or use of the Information developed. Services preformed by GEOTECHNICAL ENGINEER under We AGREEMENT are exploded by CLIENT to be conducted In a manner consistent with the level of care and skill ordinarily exercised by members of the geotechnicaf engineering profession practicing contemporaneously under similar conditions in the locality of the project, Under no circumstance Is any warranty, expressed or implied, made In connection with the providing of gsotachnical engineering services, SITE ACCESS AND SITE CONDITIONS CLIENT will grant or obtain toes access to the site lox all equipment and personnel necessary for GEOTECHNICAL ENGINEER to perform the work set forth in this AGREEMENT. CLIENT will notify any and all possessors of the project site that CLIENT has granted GEOTECIINICAL ENGINEER free access to the sin, GEOTECHNICAL ENGINEER will lake reasonable precautions to minimise damage to the site. In,l it i•. 1 underelood by CLIENT that, In the normal course of work, some damage may occur and the correction of such damage is not post ut dri• AGREEMENT unless to specified In the PROPOSAL, CLIENT Is responsible for accurately delineating the locations of all subterranean structures and utilities. GEOTECHNICA1 take reasonable precautions to avoid known subterranean structures, and CLIENT waives any claim against GEOTEC1lc. arising from damage done to subterranean structures and utititias not Identified or accuraely located, j SAMPLE DISPOSAL! GEOTECHNICAL ENGINEER will retain samples transported to the geotechniaf laboratory for feeling for a period of thirty 1301 days !+t lollowing submission of the report covering those samples. Further storage or transfer of sempla i can be made at CLIENT'S expense uper, ; CLIENT'S prior written request. i9 MONITORING d t It GEOTECHNICAL ENGINEER is retained by CLIENT to provide a site reprasanlative for the purpose of monitoring specific porlions of construckn work or Other geld activities as set lorth In the PROPOSAL, then this phrase appf os, For the specified Assignment GEOTECHNICAL ENGINEER will report observations and professional opinions to CLIENT. No action of GEOTECHWAL ENGINEER or GEOTECHNICAL ENGINEER'S rile representative can be construed as altering any AGREEMENT between CLIENT and others. GEOTECHNICAL ENGINEER will report to CLIENT any observed geotechnicafly-rslated work which, In GEOTECHNICAL ENGINEERS professional opinion, does not conform with plans and specification. The GEOTECHNtCAL ENGINEER has no right to reject or atop work of t any agent of the CLIENT. Such rights are reserved solely for CLIENT, Furthermore, GEOTECHNICAL ENGINEER'S presence on site does not in any way guarantee the completion or quality of the performance of the work of any party retained by CLIENT to provide field or construction -re is led services GEOTECHNICAL ENGINEER will not be responslblo for and will not have control or charge of specific means, methods, techniques, ' sequences or procedures of construction or other field activities selected by any agent or agrsemenl or CLIENT, or safet programs Incident thereto, y pnauUOns and Terms • Page t of 3 i Y 1 ®Er BILLING AND PAYMENT # CLIENT will pay GEOTECHMCAL ENGINEER in accordance with he procedures indicated in upon the presentation. If CLIENT will be submitted to CeLtENT by T ENGINEER, and will be due and Payable PROPOSAL and its attaobjchmectentss to , all or any all or any portion of any Invoice, CLIENT will so notify GEOTECHNICAL ENGINEER in writing within fourteen (fa) calendar clays or the Invoice date, identify Ina cause of disagreement, and pay when due hat portion of the invoice not in dispute. in he absence or written hoti6ch6on described above, the amount as stated on he Invoice will be paid. Invoices are delinquent it payment has not been received within thirty (30) days from date of Invoice. At the option of the GEOTECHNICAI ENGINEER, CLIENT will pay an additional charge of one-and-owhalf (1.6) percent per month (or the maximum percentage allowed by law, whichever is lower) on any delinquent amount, except for any portion of the Invoiced amount In dispute and resolved in favor of CUCN F. Disputed amounts withheld by he CLIENT which are subesquently resolved in favor of he GEOTECHNICAL ENGINEER will carry the additional charge, as desoribed above, effective thirty (301 days from he dale of the original Invoice. In the event CLIENT fails to pay GEOTECHNICAL ENGINEER within sixty (60) days after invoicys are Tenderd, CLIENT agrees that GEOTECHNrCAL ENGINEER will have the right to consider the failure to pay the GEOTECHNICAL ENGINEEFre invoice as a breach of this AGREEMENT, TERMINATION This AGREEMENT ma/ be terminated by either party seven (7) days after written notice in the event of any breach of an AGREEMENT or In the event of substantial fa;'lure of performance by the other party, or 11 CLIENT suspends the work for more than trues 131 months. rn the event of termination, GEOTECHWAL ENGINEER Y Provision of Ih;~ reasonable termination expenses, including, but not limited to he cost tof be paid fr Performed to the Of termin plus job status at the time of termination. compleling a Iafyses, records, rnd reports n►tcas" 10 document RISK ALLOCATION Many risks potentially affect GEOTECHNICAL ENGINEER by virtue of entering Into this AGREEMENT to perform professionaf engineerfng services on behalf of CLIENT, The principal risk is he potential to(human error by GEOTECHNICAL ENGINEER For CLIENT to obhGr the benefit of a fee which includes a nominal atlowance for deslino With GEOTECHNICAL ENGINEERS Nobility, CLIENT agrees to limit GEOTECHNICAL ENGINEERS liability to CLIENT and to all other parties for claims arising out of GEOTECHNICAL ENGINEERS per fa mince of he services described In his AGREEMENT, The aggregate liability of GEOTECHNICAL ENGINEER will not exceed he amount or it, GEOTECHNiCAL ENGINEER'S fet for negligent professional acts, errors, or omissions. Limitations on liability and indemnities In this AGREEMENT are business understandings between The partly voluntuiry and knowingry en:ared Into, and shell apply to all theories of recovery Including, but not limited to breach of contract, warranly, lort (including negligenoe), strict or statutory liability, of any other cause or action, except far willful miscoll or gross neoligena, The parlles also agree that CLIENT will not seek damages in excess of he limitations Indirectly through suits with other parties who may }sin GEOTECHNICAL ENGINEER as a third-party defendant parties means CLIENT and GEOTECHNICAL ENGINEER and their officers, employees, agents, affiliates, and wbccntncmrs. i Soh CLIENT and GEOTECHNICAL ENGINEER ogres that they will not bar Itable to each other, under any circumstances, for special Indirect, ccesequential, or punitive damages arising out of or raised to this AGREEMENT. i DISCOVERY OF UNANTICIPATED HAZARDOUS MATERLALS t CLIENT represents that CLIENT ha: mae,x a reasonable effort to evaluate it hazardous materials are on cw near he project site, and that CLIENT has informed GEO TECHNICAL ENCANEER of CLIENTI findings ralative to the possible pr►semco of such materials. Hatardous materials mares exist at a silo where there Is no reason to believe they could or should be present GEOTECHNICAL ENGINEER and CLIENT ogres that the discovery of unanticipated hazardous materials constitute a changed condition mandating a rensgolistion of the scope of work Of termination of services. GEOTECHN)CAL ENGINEER and CLIENT also agree that the disoovery of unanticipated hazardous f materials may make it hec►uary for GEOTECHNICAL ENGINEER To lake immediate measures to protect health and sorely. CLIENT agrees f. ro compacare GEOTECHNICAL ENGINEER for any equipment decontamination or other costs Incident to the dlocov►ry of unantkipalad ha,tardoUS materials, i GEOTECHNICAL ENGINEER agrees to notify CLIENT whom unanUclpated hazardous materials or suspected hazardous materials are enceunerod. C' IENT across to make any disclosures required by raw to the appropriate governing agencies. CLIENT also agrees To hold GEOTECHNICAL ENGINEER harmless for any and all consequanas of disclosures made byGEOTECHNICAL ENGINEER which are required Terms • Page 2 of 3 1 by governing taw, in the event the project site is not owned by CLIENT, CLIENT recognizes that !Its CLIENT'S responsibdity to inform the property owner of the discovery of unanticipated hazardous materiels or suspected hazardous materials, Notwithstanding any other provision of the AGREEMENT, CLIENT waives any claim against GEOTECHNICAL ENGINEER arising from GEOTECHNICAL ENGINEER'S discovery of unanWpaled hazardous materials or suspected hazardous materials, Broluding, but not limited to, any costs created by delay of the project and any cost associated with possible reduction of the property's value. CLIENT will be recponsibie for ultimate disposal of any samples secured by GEOTECHNICAL ENGINEER which are found to be contaminated. This includes any soil or rock cuttings, and contaminated drilling w wash water which is generatod as a consequence of drilling activilies. DISPUTES RESOLUTION Al claims, disputes, and other rr iors in controversy between GEOTECHNICAL ENGINEER and CLIENT arising out of or In any way refnmed to this AGREEMENT will be submitted to 'atlernaNve dispute resolution' before and as a condition precedent to olhei rater diu, provided by taw. N and to the extent CLIENT and GEOTECHNICAL ENGINEER have agreed on methods for resorting such disputes, then such methods will be lot forth In the'Allernatiw Dispute Resolution AgreemorW which, II attached, to Incorporated into and made a pn t ul this AGREEMENT. N no specific ADA procedures Is set forth in this AGREEMENT, than It shaft be understood that the parties ahatl submit disputes to mediation as a condition precedent to litigation. N a dispute at law arises from matters related to the services provided under this AGREEMENT and III dispute requires litigation Instead of ADR as provided abovo, then: i (t) the claim will be brought and tried In judicial jurisdiction of the court of the county where GEOTECH141CAL l ENGINEERS principal place of business is located and CLIENT waives the right to remove the action to any other county or judicial jurisdiction, and r (2) the prevailing party will be entitled to recovery of all reasonable costs Incurred, including staff time, court coats, attorneys' fees, and other claim rotated expenses, GOvE RNING tAw ANb SufTVNAh The law of the State of Texas will govern the validity of these TERMS, their interpretation and performance. N any of the provisions contained In this AGREEMENT are held Illegal, invalid, or unenforceable, the snlorceablllr, ' previsions will not be impaired. Umitalions of liability and Indemnities will survive termination of this AGREEMENT for any cause. y The partial have read the foregoing, understand completely the terms, and willingly enter Into this AGREEMENT which will become effective on the date signed below by CLIENT, i GONE ENGINEERg f~ CLIENT GEOTECHNICAL ENGINEER M&Ir* By By kmt w. Wiliam Poston Staff Engineer Position Dare - March 5. 1991 Date Terms - page 3 of 3 S CITY COUNCIL REPORT FORMAT / ~Q• TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Contract Between the City of Denton and the North Texas Umpires Association RECOMMENDATION: We are recommending approval of an ordinance authorizing the Mayor to execute a contract between the City of Denton and the North Texas Umpires Association for officiating softball games for City leagues. SUMMARY: r , This ordinance would pay umpires for Parka and Recreation Department leagues with G revenues generated from registration fees. BACKGROUND: i Contract attached, : PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:_ Parks and Recreation Department athletic leagues. FISCAL IMPACT: i Expenditures will be paid from revenues collected from team league fees. j RESPECT ULLY3UBMITTED: { G/ N r i Lloyd V. Harrell City Manager i Ram aSteve'tr:ink~mian Title Director of Parks and Recreation E Ap r ved: I~ N Title i G i i I -y- - ----r I i 4 f CITY of DENTON / 215 E. Mc)(Inney I Denton, Texas 7620! { mEmoRANDUM r r~ r r r r r r ry Y TO! Betty mcxean, Executive Director for municipal Services and Economic Development FROmt Steve Brinkman$ Director of Parks and Recreation DATES February 20, 1991 rs: SUBJtM Contract with North Texas Umpires Association We no longer run the men's softball program, but we do schedule adult softball at leagues for the following area 1) Church League 2) Co-Rec League 3) Women's Slow Pitch I Si 1 T Steve rl kman ADm01017 li 4 ~ 2428L ORDINANCE NO. i c AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT BETWEEN THE CITY OF DENTON AND THE NORTH TEXAS UMPIRES ASSOCIATION FOR OFFICIATING SOFTBALL GAMES FOR CITY LEAGUES; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS. SECTION 1. That the City Council of the City of Denton here- bq au or tea the Mayor to sin an agreement between the City and the North Texas Umpires Association, a copy of which is attached I hereto and incorporated by reference herein. SECTION II. That the City Council authorizes the expenditure of fun s n -The manner and amount as specified in the agreement, not to exceed $15,000. SECTION III. That this ordinance shall become effective J imme ate y upon its passage and approval. I PASSED AND APPROVED this the day of , 1991. 1 ATTEST: j I JENNIFER WALTERS, CITY SECRETARY f BY: i f APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: ~~u(6.d_l161 I i n ri r 1 r, enaw.r~ r ~ 2428L AGREEMENT BETWEEN THE CITY OF DENTON AND THE NORTH TEXAS UMPIRES ASSOCIATION The City of Denton, Texas, a Municipal Home Rule City situated in Denton County, Texas, hereinafter called "City", acting herein by and through its City Manager, and the North Texas Umpires Association, hereinafter called "Contractor", hereby mutually agree as follows: 1. SERVICES TO BE PERFORMED: City hereby retains Contractor to perform the hereinafter designated services and Contractor agrees to perform the following services: A. Schedule officials to officiate softball games for y City leagues; Contractor agrees to limit officials to two (2) per game unless agreed otherwise prior to game. B. Contractor shall ensure that each official sched- uled to officiate softball games for city leagues is a member in good standing of the Amateur Soft- ball Association of America. These officials must have also made a passing score on the current umpire test used by the Amateur Softball Associa- tion of America to certify officials. In addition, the City reserves the right to re- move from the schedule any officials with whom the City is dissatisfied. 2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay Contractor or the services performed ereunder as follows: A. Amount of Payment for Services: Twelve Dollars ($12.00) per official per game at slow pitch leagues. Fifteen Dollars ($15.00) per official per game at j fast pitch leagues. Six Dollars ($6.00) per scorekeeper per game. B. Dates of Payment: Within two (2) weeks after services are rendered { S i for each game, during the term of the contract, which shall be from March 1, 199: through November 30, 1991. e ween Ult-y- enCITontractor that it is mutually understood and a e ERy aSION n AND an independent Contractor and shall not be deemed to be or con- sidered an employee of the City of Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, or any other City employee benefit. The City shall not have supervision and control of Contractor or any em- ployse of Contractor, but it is expressly understood that Con- i tractor shall perform the services hereunder at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee under this agreement. 4. SOURCE OF FUNDS: All payments to Contractor under this agreemen are to be paid by the Cityy from funds appropriated by the City Council for such purposes in the Budget of the City of Denton. 5. INSURANCE: Contractor shall provide at his own cost and expense wor ens compensation insurance, liability insurance, and all other insurance necessary to protect Contractor in the operation of Contractor's business. 6. CANCELLATION-. City reserves the right to cancel this wrieement at an time by cancel this Agreement. days 7. TERM OF CONTRACT: This greement shall commence on the let day of arc , , 9. INDEMNIFICATION c agrees to hold harmless loss, expenses and indemn y t e Cif from and 8 and damages for injury to or death of persons and injury to or ofs Coruct of nt actor property in othet courses of, performing the nservact or ices provided for in this agreement. EXECUTED the this day of 1991. a CITY OF DENTON, TEXAS BY: , i 1 ATTEST: BY: JENNI r CITY SECRETARY APPROVED AS TO LEGAL FORM: G DEBRA A. DRAYOVITCHr CITY ATTORNEY ~ i BY: I NORTH TEXAS UMPIRES ASSOCIATION BY: r That Paul Leslie administer the provision is of hereby thi agreements as the person to s DATE BOB i i a r~ CITY COUNCIL REPORT FORMAT i TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Ordinance Modifying Certain Fees and Charges for Recreation and Park Facilities RECOMMENDATION: Approve an ordinance that modifies certain fees and charges for recreation and park facilities, SUMMARY: These fees are reviewed and modified on an annual basis if necessary to G•` keep our charges up as close to market as possible and/or to keep our facilities within I their revenue guidelines. Council also asked that staff review these fees to determine ~y areas that may need to be increased.' BACKGROUND: The staff has reviewed our existing charges and is now recommending modifications in certain areas. The Park Board approved all these fee modifications with the exception of the tennis admission and season pass rates. These are being recommended by staff to meet our revenue requirements at that facility of generating 502 ` of our operation and maintenance costs through fees and charges. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: This ordinance will affect citizens who use Denton Parks and Recreation Department facilities and programs. I FISCAL IMPACT: There will be some increased revenues due to these modifications, depending on the level of use, I 1, i , RESPECT? 9fiLY SUBMITTED, i %dar~jelj City Manager E P _ red b Name Steve Brinkman Title Director of Parks and Recreation i) Ap Ved: E me j Title s I op, e perlfo o ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEAS, AMENDING SECTION 15-3.1 OF CHAPTER 15 OF THE CODE OF ORDINANCES RELATING TO FACILITY AND ! PROGRAM FEES OF THE DEPARTMENT OF PARKS AND RECREATION; ESTABLISH- ING USER FEES FOR CERTAIN PARK AND RECREATION FACILITIES! AND PROVIDING FOR AN EFFECTIVE DATE. i THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; e S SECTION i. That Section 15-3.1 of the Code of ordinances is amended to read as follows: i Bea. 15-3.1 Facility and Program Pass. The Department of Parks and Recreation shall charge and collect the fees for the use of buildings and facilities and for recreational programs, services, and merchandise offered by the Department in the amounts established by the city Council by ordinance. All persons who do not reside or own property within the City shall be charged an additional fifty percent of the established fee for the use of buildings and facilities. The City shall be paid ten percent of the gross receipts received from any admission fees or beverage or food sales occurring on public property. There shall be a maximum charge of ten hours for each twenty-four hours for the use of buildings ) and facilities made available on a per hourly basis. The Director of the Department may set, charge and collect fees for classes, trips, equipment, merchandise, 1 police or supervisory services, and other programs, services, events and merchandise provided or offered by the Department where no fee or charge is established by ordinance. The fee or charge shall be based on the costs ) of providing the event, service, equipment or goods. { SECTION II. That in accordance with section 15-3.1 of the Code of Ordinances, the fees for the use of buildings and facili- ties and for recreational programs, services, and merchandise offered by the Department of Parks and Recreation are established as follows: a} (A) Swimming Pool: (1) Season pass: k per person $30.00 i i I JPF ~ i rf! per family $65.00 1 (2) General Admission, per person $ 1.00 i j (3) Pool Rental: i (a) non-profit, per hour $20.00 (b) all others, per hour $30.00 I (B) Tennis Centers (1) Season pass: per person $30.00 per family $65.00 (2) General admission (during posted hours) per person $ 1.50 i (3) Court Rental: (a) unlighted, per hour $ 2.50 (b) lighted, per hour $ 5.00 1 (C) Civic centers (2) Assembly room rental: (a) non-profit, per hour $25.00 L (b) all others, per hour $35.00 Ir (D) Recreation Contort (1) Meeting roomas (a) non-profit, per hour $ 5.00 (b) all others, per hour $10.00 (2) Gymnasiums 1 (a) non-profit, per hour $20.00 (b) all others, per hour $30.00 (3) Game Rooms (a) nonprofit, per hour $ 5600 (b) all others, per hour $10.00 (4) Activity Room, per sections: (a) non-profit, per hour $ 5.00 (b) all others, per hour $ 7.50 ' PAGE 2 r i t (5) Kitchen: I j (a) non-profit, per hour $ 5.00 (b) all others, per hour $10.00 (6) Conference Rooms r (a) non-profit, per hour $ 5.00 (b) all others, per hour $10.00 (7) Arts & Craft Rooms (a) non-profit, per hour $ 5.00 (b) all others, per hour $20.00 (F) Athletic Fieldat (a) unlighted, per hour $ 5.00 (b) lighted, per hour $10.00 Doss not include field maintenance charge which must be arranged separately. (H) Amphitheater: (a) unlighted, per hour $ 5.00 !(b) lighted, per hour $10.00 i i ACTION III. That this ordinance shall become effective 3 immediately upon its passage and approval. a j PASSED AND APPROVED this the day of 1991, i BOB CASTLEBERP.Y, XAYOR ATTEM JENNIFER WALTERS, CITY SECRETARY BYt z APPROVED AS TO LEGAL FORMt 1 DEBRA A. DRAYOVITCH, CITY ATTORNEY BYt a PAGE 3 1 1 i C D CJTy of DENTON / 215 E. McKinney / Denton, Texas 76201 PARRS AND RECREATION BOARD MEETING i MONDAY, OCTOBER 1S, 1990 ~ q 111 x S:oo P.M. SENIOR CENTER f, ! i i MEMBERS PRESENT: Dalton Gregory, Chairman Roy Appleton I1I0 vice chairman g Catherine Bell Rita Pilkey Carl Anderson STAFF PRESENT: Steve Brinkman, Director of Parks and Recreation Joy Eesch, Senior Secretary GUESTS PRESENT: Jerry Drake, City Of Denton Legal Department Wayne Allen, Denton Boys' Baseball, Ince { 2. 14EETINO CALLED TO ORDER The meeting was called to order by Dalton Gregoryr Chairman. It APPROV OF MINUTES On a motion by Rita Pilkey, second of Catherine Belli the minutes of the meeting of September 17, 1990, were approved. IIt. PRESENTATION BY CITY ATTORNEY REGARDING LEGAL ISSUES FOR BOARD MEMBERS AND ArIIRMAT10M OF QUALIFICATIONS I i Jerry Drake, representing the City Attorney, said the packs and Recreation Board can only act upon those things that were enacted by the j entity that created the Boards As a Packs and Recreation Advisory Board, the Board cannot be put in a position of mut,bority. Members of the Board can express opinions as Individuals in an outside situation 99 but not as eepeesentatives of the Board. Be said that since it is an advisory board it is not subject to the open meetings acts When questioned about the item on the agenda which stated 'Other Businellso Jerry said that other items may be added to the agenda as long as no action is taken. Be suggested that the item should stater 'Other Business consisting of items and concerns brought by citisens, staff, and Board members on which no action will be taken.' i w t i a an,:ts r~ Parks and Recreation Board Muting October 13, 1990 Page - 2 Other items of Interest he covered were public hearings, conflicts of interest, and personal liability. Be said public hearings should be posted as an agenda item. In the matter of conflict of Interest, the member would abstain from voting if an action would have a bearing on a 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. i IV. OLD BUSINESS Is Discuss Qualifications for Advisory Board Participations The Board felt that the only basic requirement for participation was just an interut, Council appointed advisory boards have no formal requirements, 26 Discussion of Pees and Chargest Steve said he wanted the Board to be aware that the City had increased fees to generate additional funding with the cemetery fees included but not parks and recreation fuss At the September 17, 1990 meeting, a list of proposed changes in parks and 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 the impact of the to structure and report back to the Board, Carl seconded the motion, and the motion was passed with a unanimous vote, Va KEW BUSINESS Is Presentation from Rathy Scottt This item was removed from the agenda at the meetings 20 Presentation from Wayne Aliens 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 autos The proposed fu to 1200 per sign and will be installed at Evers, Roberto, Mack, and Dania Parkoa After receiving input from the Board, Wayne said he will submit a list of revised guidelines for consideration by the Boards Carl moved that the Board endores the concept of advertising in j city athletic fields which are used for youth baseball and softballs Mita seconded the motions The motion was passed with a unanimous vote, w ' =w 7 wru..~ r F~ r larks and Recreation Board Nesting October Ib, 1990 Page - 3 3, Review Youth Sports Standardst Steve said he wanted to refresh the Board's memory of the youth sports standards which were approved In April, 1989, He said two youth sports associations, soccer and girls' softball, have veered slightly from the standards, j i Vre OTHER BUSINESS earl told the Board that he considers the new Avondale park to be very nice, but it needs a restroom facility as do other city parks. Be asked about the possibility of getting a neighborhood group to fund rostrooms i at Avondale. Steve said the department would look into the matter, { { 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. YII. ALWOORN ' on a motion by Roy Appleton, second of Carl Anderson, the meeting via adiournade ~II 1 i a ADR00904 I i i a s ~r 1 I r cirr of DENr4N / 2t5 E. McKinney ! Denton, Texas 76201 I PARKS AND RECREATION BOARD METING MONDAY, FEBRUARY 259 1991 C f ! 5:30 P.M. SENIOR CENTER I MEMBERS PRESENT: Dalton Gregory, Chairman , Rita Pilkey Catherine Bell Tom Judd j Carl Anderson 1 STAFF PRESENTS Steve Brinkman, Director of Parke and Recreation Betty McKean, Executive Director for Municipal Services and Economic Development Bob Tickner, Superintendent of Parke Joy Reecho Senior Secretary I. MEETING CALLED TO ORDER j The meeting was called to order by Dalton Cregory, Chairman, It, APPROVAL OF MINUTES FROM LAST MEETING Dalton asked if there were any corrections or additions to the minute of the meeting of January 28, 1991. Since there were no corrections or additions, the minutes were approved. i III. OLD BUSINESS 1, Review Recreation Fund Budget and Modify Fees and Charges Ordinances Steve told the Board that facilities such as the pool and tennis cantor are required to generate $O percent of their annual operating costs and provided a financial statement that showed the tennis center had fallen approximately $51500 short of this figure, Re said if there is no increase in revenue, the facilities will again end up short at the end of this year, Department staff have recommended an increase in the reservation fees for the Goldfield Tennis Center as followst General Admission from $1,00 to $1,50 Season Pass for an individual from $20 to $30,00 r Season pass for a faally from $50 to $65 `s i, ~I s M q r Ri,Y16V1~ i ~ Parks and Recreation Board Meeting February 25, 1991 Page - 2 Ton asked if non-residents are charged an extra fee. Steve said a t non-resident fee would be difficult to charge for admissions at the pool, but a non-resident fee would be charged for season passes. Yon-resident fees will also be charged for both admission and season passes at the Tennis Center. Carl noted that tennis revenue and attendance for the current year is down compared to the prior year and a fee increase may be counter-productive. Dalton stated that when the $5 administrative fee was instituted participation dropped. Dalton commented that he could agree with fee increases if the services Increased. He said the playing surfaces at tennis courts, especially at Nette Schultz Park, were unsafe. He is receiving a I lot of heat over tennis court maintenance, Betty said that to help get new items funded through the budget process funding in other areas may need to be cut. Dalton asked if there Is flexibility in the budget to take money not used in one area to be used in another area. Betty said it to very difficult to make budget transf.,irs to capital accounts. Personal services savings cannot be transferred. Carl and Tom both commented that it seems Parke and Recreation historically get the short and when it comes to funding and may turn away firms which are considering relocating to Denton. Betty again reviewed the instructions from Council and the existing City philosophy, and after much discussion, Carl moved that the present fee structure for the tennis facility be kept to tact. Catherine seconded the motion. The motion was passed with four in favor of the motion and one opposed. 2. Discuss Joint Meeting with Council on Rssolutiont The resolution is scheduled to go to Council on March 19, Betty suggested the Board should look at other ways to gat public Input. She offered suggestions for alternative wording to the resolution. The suggestions were to change paragraph 3 and 4 of the original resolution to read as followat *WHEREASI the Parks and Recreation board believes it would be more economically prudent to expand and/or renovate current facilities[ THEREFOREi be it resolved that the Parke and Recreation i, Advisory Board will reconsider the $2,7 million J dollars earmarked for new recreation centers. The 1 Board will direct staff to explore alternatives and develop options. Public input will be invited before a final recoamtendation is made to the City Council" Carl said he wanted to take the issue to the public now. He said j the taxpayers need to know whet is happening to the money they } voted oa in 1986. i r jl Parka and Recreation Board Meeting February 25, 1991 Page - 2 Tom asked if non-residents are charged an extra fee. Steve said a non-resident fee would be difficult to charge for admissions at the pool, but a non-resident fee would be charged for season passes. Non-resident fees will also be charged for both admission and season passes at the Tennis Center. Carl noted that tennis revenue and attendance for the current year is down compared to the prior year and a fee Increase may be counter-productive. Dalton stated that when the $5 administrative fee was instituted participation dropped. Dalton commented that he could agree with fee increases if the services increased. He said the playing surfaces at tennis courts, especially at Nette Schultz Park, were unsafe. He is receiving a lot of heat over tennis court maintenance. Betty said that to help R get new items funded through the budget process funding in other areas may need to be cut. Dalton asked if there is flexibility in the budget to take money not used in one area to be used in another area. Betty said It is very difficult to make budget trauafers to capital accounts. Personal services savings cannot be transferred. } Carl and Tom both commented that It seems Parks and Recreation historically get the short end when it comes to funding and may turn away firms which are considering relocating to Denton, Batty again reviewed the Instructions from Council and the existing City philosophy, sad after much discussion, Carl moved that the present fee structure for the tennis facility be kept to tact. Catherine seconded the motion. The motion was passed with four in favor of the motion and one opposed. 2, Discuss Joint Heating with Council on Resolutions The resolution to scheduled to go to Council on March 19. Betty suggested the Board should look at other ways to gat public input. She offered suggestions for alternative wording to the resolution. The suggestions were to change paragraph 3 and 4 of the original resolution to read as followsi "WHEREASi the Parke and Recreation Board believes it would be more economically prudent to expand and/or renovate i current facilities,, THEREFORE be it resolved that the Parka and Recreation Advisory board will reconsider the $2.7 million t dollars earmarked for new recreation esnters. The Board will direct staff to explore alternatives and develop options, Public input will be invited before a final recommendation is made to the City Council." Carl sold he wanted to take the Issue to the public now, He said the taxpayers need to know what is happening to the money they voted on in 1986. Y r~ t! ' Parke and Recreation Board meeting February 25, 1991 Page - 3 1 2. Joint Meeting (continued)i Betty said more time is needed for staff to prepare information on alternatives in order to be prepared for public meetings. Tom asked how long it would take to pull the information together. Steve said it might take two to three months and that an architect would have to be hired to advise the staff on how North Lakes and Denim. Recreation Centers could be expanded. Betty stated that it would be approximately three years before the money is available and will depend both upon the economy and the City's ability to get more revenue, Dalton said paragraph b as suggested by staff omits ever going to the public with a non-binding referendum, He wants to see a referendum included in the resolution, that It cannot be left open-ended and needs a timeline. Rita moved that paragraph 3 of the original resolution which states, "the Parks and Recreation Advisory Board believes that it would be more economically prudent to expand and better maintain current facilities", be replaced with the revised paragraph 3, "the Parks and Recreation Board believes it would be more economically prudent to expand and/or renovate current facilities". Carl seconded the motion, The motion was passed with a unanimous vote. Tom moved that paragraph 4 be amended to includet z 1. "The final recommendation as approved by City Council will be included in a non-binding referendum in the 1992 City elections." Carl seconded the motion, and the motion was passed unanimously, IV. NEW BUSINESS 1. Update of North Lakes Park Projects Bob said he had gone to Austin to meet with members of the Grants in Aid section of Texas Parks and Wildlife and learned how to get more points toward approval of the grant request for North Lakes Park. Several options have been discussed, and the grant will be j resubmitted by March 1, 1991. He raid that construction will be delayed by six months while waiting for the $500,000 grant, V. OTHER BUSINESS I s Dalton said he wanted to have a public meeting regarding the North Lakes Park CIP Project and recreation cantor expansion at the next meeting. He would also like to discuss maintenance standards and philosophies and elect a vice chairman. The meeting will be at North Lakes on March 18 at Spm with the public hearing at Ipm. , ADHO1033 a- 1 1 ~ t CITY of DENTON / 215 E. McKlaney / Denton, Texas 76201 M E M O R A N D U M I I TO: Betty McKean, Executive Director for Municipal Services and Economic Development PROMi Steve Brinkman, Director of Parke and Recreation DATEi March 15, 1991 i SU VECTi Fees and Charges Modifications i The Parke and Recreation fees and charges ordinance controls all of the rentals or admission charges for our facilities. This ordinance needs to be modified because numerous new facilities have come on line with specific areas that can be rented by the public. It also needs to be reformatted to make it easier to manage for the staff and easier to understand for the public. By grouping the ordinance by types of facilities rather than individual facilities, we will reduce substantially the number of pages in the code 1 book, We are also proposing to do away with an old rental classification I system that has four different types of renters (non-profit, private professional, commercial), and we are suggesting that we go to just two categories - non-profit and other. This will avoid a lot of confusion about the qualifications for each level by the public. i Since we have added numerous buildings with rooms or areas of substantial sisal we are also trying with this ordinance to standardise the site of a room with the rental price, Because of this, we have made some adjustments in the. price of these areas to allow for this, Basically, our new rental rates will o from a low of $5,00 or $10,00 for a meeting room to a high of 125.00 or 35,00 for the Civic Center, Non-Profit Other ' t Meeting Room 10000 sq,ft. $ 5100 $10100 Senior Center Multipurpose Room 3,600 sq,ft, 20,00 30,00 Gymnasium 6,000 sq.ft. 120,00 130,00 i Civic Center 11,000 sq,ft. $25,00 $35,00 We will continue to make further adjustments in the future so the market allows, especially in the larger areas such as the gyms and Civic Center, I i In October, 1990, we took all these modifications indicated above to the Park Board along with market surveys from area cities, and they approved all of these recommendations. At subsequent meetings we had in January and February of 1991, we also asked them to support increases in the tennis center fees. The increase was requested due to the fact that we are not generating 50 percent of our operation and maintenance costs through fees and charges which is our minimum requirement for that facility. j At the February, 1991 Park Board meeting, they decided not to support any Ij additional increases at the tennis center. Since the staff feels that the 1 additional funds are needed to offset some potential budget shortfalls at the tennis center, we would like to recommend the following increases which were not approved by the Park Board. Tennis Season Pass$ Per Person $20 to $70 Per Family $50 to $65 Tennis General Admissions $1.00 to $1.50 Facility rental oc admission fees are required by ordinance to be reviewed by City Council. Program fees, class fees, special event fees, or fees that deal with supervision or police security are those that are established and charged by the departments involved. The new ordinance specifically outlines that authority. Attached are documents which will give you additional information. These documents include a comparison of the old and new rates (blue), a copy of the old ordinance (yellow), a copy of the proposed ordinance (green)$ and a survey of fees for similar facilities in the metropiex (gray). aJ Steve Brinkman • - j Attachments i ADHO1044 j i i , 1 t 1 r i r In October, 1990, we took all these modifications indicated above to the Park 6 Board along with market surveys from area cities, and they approved all of these recommendations. At subsequent meetings we had in January and February of 1991, we also asked them to support increases in the tennis center fees. The increase was requested due to the fact that we are not generating 50 percent of our operation and maintenance costs through fees and charges which is our minimum requirement for that facility. At the February, 1991 Park Board meeting, they decided not to support any additional increases at the tennis center. Since the staff feels that the additional funds are needed to offset some potential budget shortfalls at the tennis center, we would like to recommend the following increases which were not approved by the Park Board. Tennis Season Pasas Per Person $20 to $30 Per Family $50 to $65 Tennis General Admissions $1.00 to $1.50 Facility rental or admission fees are required by ordinance to be reviewed by City Council. Program fees, class fees, special event fees, or fees that deal with supervision or police security are those that are established and charged by the departments involved, The new ordinance specifically outlines that authority. Attached are documents which will give you additional information. These documents Include a comparison of the old and new rates (blue), a copy of the old ordinance (yellow), a copy of the proposed ordinance (green), and a survey of fees for similar facilities in the metroplex (gray), i Steve Brinkman I Attachments ADMO1044 I FACILITY AND PROGRAM FEES NEW RATES (A) Swimming Pool: (1) Season pass: per person $30.00 per family $65.00 (2) General Admission, per person $ 1.00 (3) Pool Rental: (a) non-profit, per hour $20.00 (b) all others, per hour $30.00 (B) Tennis Centers (1) Season pass: per person $30400 per family $65.00 (2) General admission (during posted ' hours) per person 1650 (3) Court Rentals (a) unlighted, per hour $ 2.50 (b) lighted, per hour $ 5000 (C) Civic Canter: (2) Assembly room rentals (a) non-profit, per hour $25.00 (b) all others, per hour $3540 (D) Recreation Centers (1) Meeting rooms: (a) non-profit, per hour $ 5.00 (b) all others, per hour $10.00 (2) Gymnasiums (a) non-profit, per hour x20.00 (b) all others, per hour 530.00 1 i (3) Came Room: (a) nonprofit, per hour S 5.00 (b) all others, per hour $10.00 (4) Activity Room, per sections: (a) non-profit, per hour $ 5.00 (b) all others, per hour $ 7.50 (5) Kitchen: I (a) non-profit, per hour $ 5.00 (b) all others, per hour $10.00 (6) Conference Rooms (a) non-profit, per hour $ 5.00 (b) all others, per hour $10.00 (7) Arts i Craft Room: (a) non-profit, per hour $ 5.00 (b) all others, per hcar $10.00 (F) Athletic Fieldes (a) unlighted, per hour $ 5.00 (b) lighted, per hour $10.00 Does not include field maintenance charge which must be arranged separately. (R) Amphitheater: (a) unlighted, per hour $ 5400 (b) lighted, per hour $10.00 I r 1 1841 OfNTON CODE 1 M3.1 1 I, Sec. 15.3.1. Facility fees. The following fees shall be charged and collected for the use of the city's parks +rd recreation facilities is accordance with the schedule set for 1 acrein. Fees for facility supervision or police services may be ci:..rged in addition to these fees. If any facility, other than concession stands, wh.ch are governed by subsection IG) hereof, is used to generate revenue through admission charges, concessions or the sale of products or services, the use must first be approved by the parks and recreation department and r , five (5) per cent of the gross receipts must be paid to the city in addition to the following charipm: (A) Swimming Poot (1) Season pass: per person . .......Z 30.00 per family 65.00 I (2) General admission, per person 1.00 1 (3) Pool rental.: (a) Nonprofit, per hour 20.00 (b) Private, per hour 25.00 (c) Professional, per hour $0.00 t (d) Commercial, per hour 35.00 (B) Tennis Center. (1) Season pass per person 20.00 per family 50.00 12) General admission (during posted hours), per person 1.00 (C) Civic Center. (1) Meeting room rental: (a) Nonprofit: per hour 5.00 per day 50.00 (b) Private: per hour 7.50 per day 76.00 j Sapp. Na t9 1184 i i r E a i i m . Ib~.t PARKS ANDRECRLATION 11541 (c) Professional: per hour 10.00 per day 100.00 (d) Commercial: per hour 15.00 per day . 150.00 (e) Non-Denton (addle per hour 5.00 per day 50.00 + (2) Assembly room rental.- G, (a) Nonprofit: per hour 20.00 per day 200.00 (b) Private: per hour ...........................E 26.00 per day 250.00 (c) Professional: per hour 35.00 per day 360.00 (d) Commercial: per hour 45.00 per day 450.00 (e) Non-Denton (addle r per hour 10.00 per day 100.00 (3) Entire facility: (a) Nonprofit per hour 25.00 per day 250.00 (b) Private: per hour 32.50 per day 325.00 4 (c) Professional.: per hour 45.00 per day 450.00 (d) Commercial: per hour . 60.00 per day 800.00 Sapp No. /9 E 3 1 { It -wP 1, • I laJ. t OUMN CODE I t W. t 1 (a) Non•Denton(addY. k per hour 15.00 i per day 150.00 1 E i (D) )UCrtOhon Ctneer. i (1) Meeting rooms: { (a) Nonprofit: .00 per hour 5 ! per day 50.00 (b) Private: T.60 per hour I ?5.00 i per day i I t a I I 1 . I Sapp. Na 19 $86 I s s I ` i . , tsa.l PARKS AND RECREATION 615-3.1 I rc) Professional: per hour ...........................3 10.00 per day 100.00 rd meraial: > Com i per hour 15.00 j Per day . 150.00 (e) Non-Denton (addle } per hour 5.00 l per day 80.00 (2) Gyms: (a) Noaprcft: per hour 15.00 per day 150.00 (b) Private: per hour 20.00 i per day 200.00 (c) Professional: per hour 30.00 per day 300.00 (d) Commercial: per hour 40.00 per day 400.00 (e) Non-Denton (add. per hour 10.00 per day 100.00 (3) Game Room: (a) Nonprofit: per hour 5.00 per day 60.00 (b) Private: per hour 7.50 per day . 75.00 (c) Professional.: per hour 10.00 per day 100.00 (d) Commercial: per hour 16.00 per day 160.00 Supp. No, 42 587 I k I y DENTON CODE ( 154 t ~1 l6-J.l (4) Entire facility: (a) Nonprofit: per hour ; 250.00 per day (b) Private: 36.00 ) per hour 360.00 per day (e) Professional: • , . 60.00 ' per hour 600.00 per 74.00 C1 (d) Commercial: hour 700.00 per day (e) Non-Denton (add! 16.00 per hour 160.00 per day (E) Senior Center. 1 (1) Multipurpose Room: (a) Nonprofit: 16.00 1 per hour 160.00 per day (b) private: 20.00 r per hour 200.00 per day . (c) Professional'. 30.00 per hour 300.00 per day (d) Commercial: 40.00 per hour. per day . (e) Non-Denton (add) 10.00 per hour !00.00 per day (2) Living Room: (a) Nonprofit: 6.00 per hour 40.00 per day 1 Sapp No. 42 1 i 9 Y] ry `v\\\ IM - ----T---------- - l t 1 laJ,1 PARRS AND RCCRU71ON S 163.1 (b) Private: per hour ...........................1 7.50 per day 60.00 (e) Proleaaiona): Par hour 10.00 i per day KOO 4d) Commercial: 16.00 per hour per day 120.00 (e) Non-Denton (add): per per day 10.00 3 (3) Confarenoe Room: j (a) Nonprofit: per hour 6.00 per day 50.00 (b) Private: per hour U SO per day 75.00 (c) Professional: per hour 10.00 per day }00.00 (d) Commercial per hour 16.00 per day 160.00 (e) Non-Denton WO per hour 2.60 (4) Kitchen: per day 25.00 (a) Nonprofit: per hour 5.00 per day 50.00 (b) Private: per hour 7.60 per day 75.00 E (cl Professional: per hour 10.00 per day 100.00 Supp. No. 49 689 ( ~ i . 1 S e k ~ i ledl DENTON CODE j (d) Commercial: per hour ...........................5 12.50 per dad 126.00 (e) Non-Denton (add): per hour pe 2.50 per day 26.00 (6) Entire facility: (a) Nonprofit: per hour 25.00 i per day 260.oo I (b) Private: I r, per hour 36.00 per day 360.00 (c) Professional: per hour 60.00 C per day 600.00 (d) Commercial.: per hour 70.00 € per day 700.00 (e) Non-Denton (ada;- per hour 16.00 C per day 150.00 f 1) Atkfetic FkU&- I (1) Leagues: . (a) Per team 30.00 (2) Rentals: t Per tournament sessions, per team 12.00 (3) Practice: unlighted, per hour 6.00 lighted, per hour 10.00 (4) Nonresident fee for leagues: per participant in addition to the above fees 10,00 Sapp No. 19 680 1 i 9 J i _J t ,zfkM'3F~ ~A ~1 1 Itea,t PARKS ANDRECREAt1ON 11SS (G) Concession Stand: per hour 10.00 per day ......60.00 or 10% of gross revenues, whichever is greater, (Ord. No. 81.101, 11, 10.20-81: Ord. No. 83-30, 4 I, 3.1583; Ord. No. 83-31, 4 II, 3.15.83; Ord. No. 83.146, 11. 12.20-93; Ord, No. 85-185,4 1, 917.85) I Note-See the editor's note to 115-2. Sec. 164. Slow and other adverttaing devices in parks. It shall be unlawful for any person to place or amet any structure, sign, bulletin board, poet, pole or Advertishw device of any kind to any park or playground, at to attacb i any notice, bill, poster, sign, wire, rope or cord to any trio, shrub, fence, railing, poet or other structure In any park or playground in the city, without specific permission from the city council. (1959 Code, Art. 12.00, Ord. No. 8391, 10,11-1543) Note--See the editor's note to 115-2. Sec. 154. Vehicles and animals in parks. 7 (a) Commercial veWee prohibited, It shall be unlawful for any person to operate any heavily laden vehicle or any vehicle r sagaged In business or commercial transportation or activity of any kind over any street, drive, parkway or boulevard In any public park in the city, except under authority uVroa. I ly granted by the director of parka and recreation, a (b) Vehicles and animk United to certak areas. It shall be unlawful for any person to operate or drive say auto- mobile, motorcycle or other vehicle or to lead, drive or ride say animal over or through any park, except along sad upon f park streets, drives, parkways or boulevards. (c) BikUng, tethering or pafthw6 p Wads prehilbifd, 1 It shall be unlawful for any Person to other or pasture any animal in or upon any park or playground, or to hitch any horse or other animal to any tree, shrub, (soot, railing or other structure in any park or playground. Sapp, Na 10 591 I J I j 1 COMPARISON OF FACILITY AU D PROGRAM FEES OLD RATS NE14 RATES (A) Swimming Pool: (1) Season pass: per person $30.00 $30.00 per family $65.00 $6S.00 (2) General Admission, per person $ 1.00 $ 1.00 (3) Pool Rental: (a) non-profit, per hour $20.00 $20.00 (b) all others, per hour $30.00 $30.00 (B) Tennis Center: I (1) Season pass: per person $20.00 $30.00 per family $50.00 $65.00 I i (2) General admission (during posted hours) per person $ 1.00 $ 1.50 (3) Court Rental: (a) unlighted, per hour $ 2.90 (b) lighted, per hour $ 5.00 (C) civic Center: (2) Assembly room rental: (a) non-profit, per hour $20.00 $29.00 (b) all others, per hour $45.00 $35.00 $35.00 (D) Recreation Center: (1) Keating rooms: (a) non-profit, per hour $ 5.00 $ 5.00 (b) all others, per hour $ 7.50,$15.00 $10.00 (2) Gymnasium: (a) non-profit, per hour $15.00 $20.00 (b) all others, per hour $20.001$30.00 $30.00 $40.00 I J~ 1 OLD RATES NSW RATES f (7) Game Room: (a) nonprofit, per hour $ 5.00 $ 5.00 (b) all others, per hour $ 7.50, $10.00 $15.00 (4) Activity Room, per sections: (a) non-profit, per hour $ 7.50 $ 75.00 .50 (b) all others, per hour $10.00, $15.001$20.00 (5) Kitchen: (a) non-profit, per hour $ 5.00 5.00 (b) all others, per hour $ 7.508 $10.00 $15.00 (6) Conference Room: $ 5.00 (a) non-profit, per hour $ 5.00 8 10.00 (b) all others, per hour $ 7.50, $15.00 (7) Arts i Craft Room: (a) non-profit, per hour $ 5.00 S 5.00 (b) all others, per hour $ 7.50, $10.00 $15.00 (F) Athletic Fields: r (a) unlighted, per hour $30/team $ 5.00 (b) lighted, per hour $12/team $10.00 rentals Does not include field maintenance charge which must be arranged separately. (H) Amphitheater: (a) unlighted, per hour NEW 3 5.0f (b) lighted, per hour NEW $10.00 f War E F. SURVEY OF RECREATION CEKT" RENTAL AND ASSOCIATED FEES IN SELECTL AM CITIES Facllf Arlington Carrollton rv n Lowliville Winne Plano Doatoo l s F- Multipurpose Root 11S-i2S/hro 5151hr X10-p0/total N/A $20/hr $126-114300 $6-$25/hr, depending on depending an depending on depending OR location time Of day how long and location and or 13-16/hr space used type of rector motto$ Roost 510-$15/hr, $6-;lo/hr, PO-PO/total 110-$20/hr, N/A 140-$1500 16-57.60/hre depending on depending On depoodiag on iepending on depending oo non-profit/ 1 location location time of day how long horn 1609 and profit or 13.161hr space used, no charge to civic groups Kitchen 13-18/hr N/A 116/hr N/A N/A 55•;1,SO/hro JI I profit f Security Renter hies done None Nona Included 111,501hr 116/hr's 1( and pays own In fee Police needed, Pal Its smH ty Deposit 5100 w/food or $25•$30 $60 $100 without $60 251 rolled 1100 without drink, none alcohol, $300 Into food/drini, without food with alcohol balance $200 with food/ or drink drink ` Clowning Rark• cleans Renter Renter Renter Renter Included in 175 without r clean cleans clans cleans rent charge food, 1160 with { food at civic Center, rooter chins at all r others Wildies Attendantt i bldg, attend. None Now Rome Included None $6,76/he, after per 100; 'Cott In rent fair Eusimes Include in fee hours, rant too a I a J J 1 1 1 x 1 Pays - 2 TY-Pe Of Facility AA 1n ton tarcollton Irvin lewlsv111e McKinney Plano Denton f n~siw 115/hr for 1/2 Do not rent 125-130/hr Do not rent Do not rent Do not rent 120-$28/hr2 J gym, 1251he for gym depending on gym gym wo non-profit/ I full gym time of day profit III Pool Small , large All boot 11.25 Over 16 All ages 11.00, Ages 8 A Indoor, 11.00, All apt 11.00; pool, adults season fatly 11.00, byes season pest above 11.50 outdoor 11125, Season pass. 11,00, under 12 pets 175.000 4-17 1109, 115, family apes 7 6 under 7 free 130.00, family 759 20 ticket bog under 4 free, pats $60.00 under 259 if with adult piss 166.00 Olympic sized 120,00 seniors free who is wearing p016 adults Annual pass- a swimsuit S $2.50, under 12 adult "COO, I will pet in 12.00 4.17 }'36:00, the water, family 1100, Annual pass Season pass- $37.50.f wily bdult 112:00, pats $100, 4-17 136,00, summer tnly family 125 pass 125:00 (Memorial Day to labor Day) e AFCA1979 I JII I J 1 1 ~.1 1 `f r r t 1 4 METROPLIX TENN19 SURVEY V;YSD NORTH DENTON LEWISVILLE RICHLAND BILLS PLANO RICNARDSON FARMERS BRANCH c, Case Yoe 31400 35.00 32.00 36.00 35.00 20,00 Total Hours 7 hours 10 hours 10 hours' 6 hours 6 hours 7.5 hours Coat Pet 41.43/hour 43.50/hout 43,20AOUC 46/h6ur 45.83/hour 4303/hour -Fogticlipant Hr, ' Adult Class lee 440.00 with NO 423.00 ' 436.00 435.00 434,00 /awe vid*o Total Hours 9 bourr No 6 hours' 6 hours 6 hou r 7.5 hours 20 minutes coot Per 44.35 No 43,03 per 46.00 per hoot 45.83 per 44153 per hcticipant hour hour bout y pout Video Yes No No No No No nlcs S.QO hour 4,33 bout NO 6.00 hour 6.00 out Free i r Court After 6 p.m, After 6 P.M, No 41.75/person/ 41,50/person/ No Maaervationr 41.00/person/ 41.00/person/ f' 1,5 hours- 1.5 hours e11 x 1.5 hours 1,S hourai before Plano P.esidentst the tiro 6 p,m. 7v for' Non-Res,-43.50/ 1.5 hours tson 1,5 hours 16.00-1/2 hour 6,00-1/2 hour No 1-11231 Mrfchlne 16,00/45 min, No w ,1Nnt 8.00-1 hour 8.00-1 hour f { . ~NlA/1 a i 1 1 1 +L' - 1 I f, JJy NETROPLEB TENNIS SURVEY CITIES SURVEYED NORTH DENTON LEMISVILLE RICHLAND HILLS PLANO AiCHARDSON PARMERB BRANCH i ~Aa9ue lee 18.00/person No 13/6 woks 410/person/ 49/person/ No 1 1 2,e5/hour/2617/houc/ doubles-41.90 doubles-41.17/ Person hour hour plcson 421/Person/ 425/person/ singles-42,29/ singles-42,38/ hout hour No No Register << -Resident dc, No later it AA Moe t nt's ` de class r ;i Adult r' Ad of a slnlstr atlon Jr. 41.00/Clue No 101 goes to City 101 Closes end to D. 8.00 leeguat go to. depi~ldi~j on Adult 17600 8.00 city C1asi lei, il I ? ti 9 err{ i~ i METROPLEY TENNM SURVEY i CITIES SURVIYRD ~r. SAMUEL MURST CAAROLLTON GRAND PRAIRIE GARLAND MESQUITE EIEST GRAND Jr. Class pet $50.00 $14.00 plus 40.00 438.00 30.00 only ~/.00 balls Total Hours 10 hours 1 flours 16 hours 4 house 6 hours 1 day/ 1 hour week- 45 min. Coat/patticipant 45/hour $6/hout 43.75/hour i 47/hour 45/hour veriee $1/hour soot ~ mutt class Fee $60 448 432 426 455 2 days'/ $0 , week Total Hours 30 hoots B hours 6 hours 4 hours 5 hours 1 bout/ 1.5 house, week Cost 411/hour vanes$6ihour Per ,33/houe ~~$7/hour $6/hour 4f/hour 45 semi-ptivite httleipsnt ; a No No $30/hour No No' 111ble No NO w/indfvidusl r instruction $6/Rout/ None No 46/hour/ No No5/hour - 9 { Cllnlos x, lrson scheduled person Omit No 4 on a court 1.50/1.5 b ~A, $1i50/person outdoor,-41/ 42/day/; ~2.Yd/hour w V 106 bout belors~ MNrrSllons $2/1.5 hours 1.76/1.5 ;t$ 1.5/hours 1.5 hour 3r.' aitsr ,6130 Pt~a1 41.25/ 44/night ut t l.5 hours- 1.5 hour 44.31/lio ' Adult sftsi . ~ ' S ae. • i g.3 ' r 9sh/3 I` METROPLEK TENNIS SURVEY CITIES SURVaYED SAMUEL NURST CARROLLTON GRAND PRAIRIB GARLAND MESQUITE KlEST GRAND ~ + 10/hour #5/hour 46/hour #7/hour 47/ re111 Machine 0/hour 45 hour 17/.5 hour i 1lfntal T/houc-Res. 430/ 1.50/.5 hour 1 hour r NO 43.50/.5 hour i " i . Res. League lee 417/pardon No 25/person 421/pecaon $25/person =25/ 35/p/CSOn C 7 weeks 12.31/hour 7 weeks/ 7 weeks/ arson3~33/hour #1.62/hour I.5 hours #3 Whour/ x3.57/ x 42/hour person hour day r i neon 29/ -1. No No 430/ # hour/ No ni Nht e;s i, Mon-Resident #2/Class Register later N0 than No " FN Assidente # 10a goes to . No No " 20t of all { AdsilA. too$ N° Eelo goes to city , Rec. Center LL + w S • ri , I • I J 1 a __a j t ~ y. CITY of DENTON, rEXAS MUNICIPAL SUILDINO / DENTON, TEXAS 7620f / TELEPHONE (a 17)506-8307 Office of the City Manager { M E M O R A N D U M jl TO: Lloyd V. Harrell, City Manager ` FROM: Rick Svehla, Deputy City Manager DATE: March 14, 1991 ` SUBJECT: Transfer of Land for Fire Station M6 r Attached is the final deed that NCNB has approved. This document differs slightly in some of the wording that their attorneys wanted. Basically, it spells out some more requirements on the Joint access lane, and there were some questions on what kind of a deed was going to be transferred for ownership. Since there was some question about the deed, we have all ready gone ahead and gotten the title policy on the tracts to ensure that our title will be free and clear. Our attorney's office has been working closely with out staff I and has been in communication with NCNB attorneys to ensure I that we are protected fully. We have reviewed all of the documents and feel that they are acceptable. We would ask that the Council approve them by ordinance at the meeting on the 19th since this contract differs from the one that was approved earlier. If you or t Council has any further questions, we would be happy to an answer them. ' I Rick Svehla Deputy City Manager R8:bw S281M Attachment i i i 1 I I , vo 7 1 ORDINANCE NO. i AN ORDINANCE APPROVING A CONTRACT PROVIDING FOR THE EXCHANGE OF CERTAIN REAL PROPERTY OWNED BY NCNB AND THE CITY; AUTHORIZING THE ACCEPTANCE OF AN ACCESS EASEMENT FROM NCNB; REPEALING ORDINANCE 91- 0231 AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City, in accordance with the requirements of TEX. LOC. GOVT CODE ANN. 4272.001 (Vernon 1988), has advertised that for the exchange of a certain tract of real property for another tract of real property located at the intersection of Lillian i Miller Road and Teasley Lanet and { WHEREAS, the City Manager having recommended to the City Coun- cil that the said exchange of land be approved; NOW, THEREFORE, THE COUNCIL OF THE CITY OF UENTON HEREBY ORDAINS: SECTION 1. That the City Council of the City of Denton, Texas, i approves the contract between the City and NCNB providing for the exchange of the real property described in the contract, a copy of i r which is attached hereto as Exhibit $'A" and incorporated by refer- ence herein. SECTION ii. That the City Council authorizes the Mayor and City Manager to execute any and all documents necessary to con* summate the purchase of real property in accordance with the con- tract. SECTION III. That the Mayor is authorized to accept an access easement from NCNB, a copy of which is attached hereto as Exhibit x SECTION IV. That ordinance no. 91-023 is hereby repealed. That the City Secretary is hereby directed to note on the face of ordinance 91-023 thb fact that said ordinance is repealed and superseded by this ordinance. 1 SjQTION V. That this ordinance shall become effective immedi- ately upon its passage and approval. PASSED AND APPROVED this the day of , 1991. i BOB CASTLEBERRY, MAYOR 1 I i ATTEST: i JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY i C~n= BY., -,OVA (j) LA"PZZAL 1 1 1 1 t i PAGE 2 1 r r w~ r i __OJ 1S A! OS'1' ~=11 ASJ 3701 J"CR50X A ItAL R ~JO1! OJD 1 This Exchange Contract (N (A of the Effective Data bety is made and entered into OF (ASSIGNEE OF THE FEDrM DUOSIT INS TEXAS NATIONAL FIRST REPUBLICBANK URANCa CORPORATION BANK, REPUBLICBANK DALLAS DALLAS POO N, A,, SUCCESSOR By AS RECEIVER C, DALLAS 1, TRUSTEE, n N.A., lCRXEtLy KNOWN MERCK municipal corportio 1' and the City o! DeUpVBLI~C F Texan, acting by and throuho its i subdivsion of ahorized !licerr a g the State of i WHEREAS, Bank o Denton Count ~r that certain tract of i ~ Exhibit A lr, Y' Texas and being more partlcula ly ddlocribad In all purposer~ 1 attached hereto and incorporated herein for a and WHEREAS,, TCityy Denton County over that certain tract of , and being more Exhibit a e land situated in i all puzpose,~ a 1 attached hereto ar dries rly described Bfor WHEREAS, City virhes to acquire Tract A= and for ci yVe94Ak it Willing to convey Tract A to City in Contained here n fing Tract B to Bank, upon the terms a exchange and conditions r No/1000DollaT"FORS rs !Or and in consideration of the rum Of Ten and the receipt and "auttioiin O'o! which hiaaheriab hand by the other, ~ and of the mutual agreements Contained hAckAO erein edge d a and City hereby agree as Vol folloContained hrei- an-hc"A" Bank agreer ogress to ko convoy a Tract A to City, and City 7, , , re Between the Effective Date BanY and Ban% attic that Bank Will not through alliraativenactions the Eftective Date create an ' Y additional I 1 i J ae M 03 13 91 01: 4 : 0214 933 5i01 JACKSON 6 WALKER ~ 919 039 a encumbrance affecting Tract A without the express prior written consent of City. City agrees that City will not withhold consent to a proposed additional encumbrance affecting Tract A if such proposed additional encumbrance has no material, adverse effect upon the value, development or use of Tract A. if sank through affirmative actions taken after the Effective Data does create any additional encumbrance affecting Tract A without the express prior written consent of City, Bank shall be required to remove any such additional encumbrance at Bank's sole cost and expense prior to or at the Closing. B. Between the Effective Date and the Closing Date, city agrees that City will not through affirmative actions taken after the Effective Oats create any additional encumbrance affecting Tract B without the express prior written consent of Bank. Sank agrees that Bank will not withhold consent to a proposed additional encumbrance affecting Tract B if such proposed additional encumbrance has no material, adverse effect upon the value, development or use of Tract D. If City through affirmative actions taken after the Effective Date does create any additional encumbrance affecting Tract B without the express prior written consent of = Bank, City shall be required to remove any such additional a encumbrance at City's sole cost and expense prior to or at the closing. 30 closing Date. The transactions contemplated in this Contract shall be closed (the "S3.0>EIM11) on or before one hundred r a time, on ~ gatda(te8andc at ad placay agreeable tof both i sanka and City. 4. Delivery of nee". sa Damian@ 7 A, At the Closing# Bank shells (i) execute, j acknowledge and deliver to City a Cenral Warranty Deed ji conveying Tract A to City (the "p121k be 0) 1 and (ii) deliver possession of Tract A to City, B. At the Closing$ City shalli (i) execute, acknowledge and deliver to Bank a Special Warranty Dead conveying Tract B to Bank (the "city Dead")) and (ii) deliver possession of Tract B to Bank. C. At the Closings, Bank and City shall execute, acknowledge aomintAgreemente (hsn in seach to the o called) wher•byl that sank grants certain to 2 - JPF y n b 03 13 91 03:43 ! 10214 M 3704 J.1CR50N !a W,111¢R Z020 039 City an easement over and across land owned by Bank, such easement to be for the benefit of Tract A. 50 Property Igg-Liability. A. Bank hereby agrees that Bank will pay all estimated 1991 property takes levied or asaessed against Tract A, prorated from January 1, 1991 through Closing, at a rate of $3.86 per day. a. The survive closing and the delivery of he Bank Deed and tall he City Dead 6. Closing Costa, A. Bank will pay the filing fees for the City Deed, and city will pay the filing fees for the Bank Deed. E B. If bank desires to obtain a title insurance policy covering Tract B, Bank shall pay the premium therefor, if ~i city wishes to obtain a title insurance policy covering ' I Tract A, City shall pay the premium therefor. If only ono ; party desires such title insurance, that party may soleot the title company. If both parties desire title insurance, than it is agreed that the title insurance company shall be Commonwealth Title Company. C. If there are ary closing costs not allocated to Bank { or City herein, such closing costs shall be paid by the party incurring same. i 7. Llspantion of Draparty. 1 A. For a period of thirty (30) days after the Effective Date, Bank agrees to allow city to enter upon Tract A for the ! purpose of such envi onmentaliteatee feasibility studies sand other t~utsets or studies as City deems advisable. if city, in City's sole 1 discretion, is not satisfied with such inspections, tests or studies, City may terminate this Contract by giving written notice of termination to Bank on or before thirty (30) days 1 after the 8ffective Date. In the event city terminates this Contract pursuant to this paragraph 7, City agrees to restore Tract A substantially to its condition prior to City's entry. i 8. Tor a period of thirty (20) days after the Effective Date, City agrees to allow sank to enter upon Tract a for the 3 - i 1 1 . i OJ P 9I 09.JJ a:IJ 9~J ~SOJ JACKSON a WALKER , X10:1 U39 .1 purpose of inspecting same, and for the purpose of conducting such environmental tests, feasibility studies and other tests or studies as Bank deems advisable. If Bank, in Bank's sole i discretion, is not satisfied with such inspections, tests or studies, Bank may terminate this Contract by giving written notice of termination to City on or before thirty (30) days after the Effective Date. In the event Bank terminates this Contract pursuant to this paragraph 7, Bank agrees to restore Tract B substantially to its condition prior to Bank's entry. e. Auhority. A. Within fiftean (15) days after the Effective Date, City agrees to furnish to Bank, and if necessary, Bank'a Title Company, written evidence of the authority of the party($) executing this Contract on behalf of City. City agrees to i furnish t4 Bank, and if necessary, Bank's Title Company, at or prior to the Closing written evidence of the authority of the party(s) executing the City Dead on behalf of City. Be within fifteen (16) days after the Effective Date, bank agrees to furnish to City, and if necessary, City's Title Company, written evidence of the authority of the part a executing this Contract on behalf of Bank. Bank agrees to furnish to City, and if necessary, City's Title Company, at or prior to the Closing written evidence of the authority of the party(s) executing the Bank Deed on behalf of Bank. 1 96 No_Commissions. Sank and City warrant and represent to each other that no real estate brokersagents' or finders' ices or commissions are due arising in connection with the exchange of Tract A for Tract B, from the execution of this Contract or from the consummation of the transactions contemplated herein, and each 1 party hereto hereby agrees to indemnify and hold the other party harmless from claims made by any person for any such fees, commissions or like compensation claiming to have dealt with the party so indemnifying the other. 10. Remadiam.' If Bank breaches any of the agreements of Bank 1 contained in th s Contract and such breech is not cured within fifteen (15) days after City has delivered written notice thereof to Banc, City at city's election may either terminate this Contracts or seek all other remedies set forth in this Contract or available at law, in equity or by statute, including specific performaneel provided, however, if Bank is unable to deliver title to Tract A free and clear of any encumbrances, city's only remedy J 1 t 'r s A, u OJ SS 91 09:44 0:14 95 3 5704 JACE!jN k WALKER ~0;: U09 shall be termination of this Contract unless the encumbrance in question is an encumbrance created after the Effective Date by the affirmative actions of Bank to which city did not consent in writing, in which evont city shall be entitled to exorcise all of the remedies set forth harsinabove. if City breaches any of the agreements of City contained in this contract and such breach is not cured within fifteen (15) days after Bank has delivered written notice thereof to City, Bank at Bank's election may either terminate this Contract; or seek all other remedies set forth in this Contract or available at law, in equity or by statute, includi,sg specific performance; provided, however, if City is unable to deliver title to Tract B free and clear of any encumbrance, Bank's only remedy shall be termination of this contract unless the encumbrance in question is an encumbrance created after the Effective Date by the affirmative actions of City, in which event Bank shall be entitled to exercise all of the remedies set forth hereinabove. 11.+tornws' Fees. Should either party to this Contract commence legal proceedings against the other to enforce the terms and provisions of this Contract, the party losing in such legal proceedings shall pay the attorneys' fees and expenses of the party prevailing in such legal proceedings. 12, Time of Essanta, Time is important to both Bank and City in the performance of this contract and they have agreed that strict compliance is required as to any date set forth herein. if the final date of any period which is set forth in any term or provision of this Contract falls upon a Saturday, Sunday or legal holiday under the laws of the United States or the State of Texas, next dasuch event, y which is the time Saturday, Sunday orallegal holiday. toe the a in 3 ZL2tj= Any notice required or desired to be given to either party hereto shall be doomed to be delivered (i) on the date of delivery, it hand delivered, (ii) one (1) day after sending, if sent by overnight courier, or (iii) it sent by mail, the day the same is posted in a U.S, mail receptacle, postage prepaid, certified sail, return receipt requested, to the address of the Eiplicable party set out below such party's signature hereinbelow. ther party hereto may change such party's address for notice, but until written notice of such change of address is actually received the last address of such party designated for by the other party, notice shall remain such party's address for notice. 14. $gverability, if any term or provision of this Contract is hold to be illegal, invalid or unenforceable, the legality, II' - 5 - j 2023 - UJ9 i 03 13 91 03:43 12211 933 3704 JACKSON b MAUCER , validity and enforceability of the remaining terms and provisions of this Contract shall not be affected thereby, and in lieu of each such illegal, invalid or unenforceable term or provision there shall be added automatically to this Contract a legal, valid and enforceable olar d provision as invalid and unenforceable, the term or provision d 15. Waiver, Either sank or City shall have the right to waive any requirement contained in this Contract, which is intended for the waiving party's benefit, but, except as otherwise specifically provided herein, such waiver shall be effective only if in writing executed by the party for whose benefit such ~J requirement is intended. 164 Cumulati3fe . Except as specifically limited herein, no right or remedy sat forth in this contract is j intended to be exclusive of any other right or remedy set forth in this contract or by law provided, but each shall be cumulative and Contract for now or e hereafter existing at law or in equity or by statute. 1 The captions used in connection with the 17.14IIs• ettiales and sections of this Contract are for convenience only and shall not be deemed to expand or limit the meaning of the language of this Contract. it. u/e o!- Langy a, Words of any gender used in this ~ Contract shall be held and construed to include any other gander, and words in the singular shall be held to include the plural, unless the context otherwise requires. 19. . All exhibits, attachaents, annexed instruments and addenda referre t the apsmsh shall be and sod=ded ap alt copied for all purposes with verbatim wherever reference is made to the same. 40. , --amprAfantations or A. Except for the special warranty of title contained in the City Deed, bank hereby acknowledges that city has not made any representations or warranties to sank with respect to the suitability of Tract 8 for an intended use, the condition of Tract p (includinq soil and sub-soil conditional, the appreciation or income potential of Tract B, the coning of Tract Zj , the platting pv requirementsavailability n connection Tract 5 with - 6 - I r 1 uJ 13 91 US: 16 0:1A 9$3 SSa4 JACESON & WALKER ~ u:1 u~9 l any development of Tract a or any other matter whatsoever. Bank further acknowledges and agrees that Bank has investigated all matters of concern to Bank with respect to Tract B prior to the Effective Date and that Bank is not relying on any representation or warranty from City with respect to such matters except for the special warranty of title contained in the city Dead. B, Except for the general warranty of title contained in the bank Dead, City hereby acknowledges that Bank has not made any representations or warranties to City with respect to the suitability of Tract A for any intended use, the condition of Tract A (including soil and sub-soil conditions), the appreciation or income potential of Tract As the zoning of Tract A, the platting of Tract A, availability of utilities to Tract As access to Tract As requirements in connection with any development of Tract A or any other matter whatsoever. city further acknowledges and agrees that City has investigated all matters of concern to City with respect to Tract A prior to the Effective Date and that City is not { relying on any representation or warranty from Bank with respect to such matters except for the special warranty of title contained in the Bank Deed. Bank is eXecuting this Contract in a representative capacity. only, and it is hereby ' specifically understood and agreed that such party will not incur any personal liability for breach of warranty or of any other condition, obligation or representation made herein whether expressly or by implication, and that in the avant of such a breach, such party shall be liable only to the extent to which such party holds assets and properties for the specific entity on behalf of which this Contract is executed. Notwithstanding the preceding sentence, Bank hereby represents unto City that Bank has the full power and authority to enter into this Contract and all related instruments that may be executed and delivered as required by the Contract, including, but not limited to, the Bank Dead and an access easement agreement the Casement Agreemantl and the exculpation provision of the preceding sentence shall not apply to the representation contained in this sentence. 21, lln& a Agr•wMU. This Contract eabodies the entire agreement between sank and City with respect to the subject matter hereof and supersedes all prior agreements whether written or oral. 22, Alandaml. Except as otherwise specifically provided herein, this Contract may not be amended, varied or terminated except by an agreement in writing executed by both Bank and City. 7 _ r i • M OJ 13 91 05:iT 0211 953 5704 JACKSON t WALKER ~ ~o2s 039 i 23, Binding-If fact, Except as otherwise provided herein, this Contract shall be binding upon and inure to the benefit of Bank and City and their respective successors and assigns. 24, Effective Date, The affective data of this Contract (the "Effect va Date") shall be the latest date either party signs this Contract. i EXECUTED by Bank and City as of the Effective Date. BAMRt CITYI NCN3 T> ZAS KATIOM 11 no "USTBa CITY of DIMON i al ~yr 1 Tit el Tlt el BY1 i Tit ei Tit ss ADDRESS! FOR NOTIM ADDRESS FOR NOTICEt Howard A. Compton, Jr, Municipal Building NCNB Texas National bank 213 Fast XcXinney 901 Main Street Denton County r 20th Floor Denton, Taxes 76201 ` P.O. Box 631500 Dallas County Dallas, Texas 75283-1500 Date of Execution by Banki Data of Execution by Cityt 17916E/D f i i ! y 03:13 91 08:0 0214 933 3704 JACKSON A WALKER ®OY$ 039 I I s:hibit A 1 i Property Da`cri tj~ ion All that certain lot, tract, or parcel of land situated in Denton County, Texas, in the C. Poulalliar survey, A-1006 and being part of a tract shown by deed to First National Sank, Trustee, recorded in volume 716, Paqe 57, Dead Records of Denton County, Texas, and being more particularly described as followsi i BEGINNING at the southeast corner of said First National Bank tract; THENCE south 88' 491 55" west with the south line of said First State Bank tract 493.17' to its southwest corner] r THENCE north 1' 10' 05" west a distance of 350.0 feat to a point for a corner; THENCE north 86' 490 55" east a distance of 493.171 to a point in the westerly right-of-way line of F.M. 2181; THENCE south i' 10, 05" seat a distance of 250,0' to the { Point of asginninq and containing 2,8304 acres of land. 1 370768/0 i 3 ~ J i j i - 9 - I 1 i _J + w 1 k t r 03, OS:41 e214 953 3704 JACKSON A RJLKER 039 w s:hiliit s Prgoorty uascripttion All that cartain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of the c. Poulallier Survey, Abstract No. 1006 and being part of tract conveyed to the City of Denton by dead recorded in Volume 2423, Page 154, Real Property Records and also being part of two tracts conveyed to the state of Texas by deeds recorded in Volume 4001 page 341 and Volume 400, Paps 3340 Deed Records, Denton County, Texas and being more particularly described as followsi BEGINNING at the northeast corner of the herein described tract, said point lying in the south line of F.N. 2181 (Teasley Lane), a public roadway with a right-of-way of 90.0 feet and the west line of Lillian Millar Parkway, a public roadway with a right-of-way of 90.0 feet) THENCE south 1' 04' 17" east along the east boundary line of the herein described tract, scale being the west line of F.M. 2141 (Teasley Lane), passing at 285.79 fast the j northeast line of the old curve portion of F.M. 2181 (Teasley Lane) right-of-way and continuing a total distance of 575.43 toot to a point for corner, said point lyingy in the southwest right-of-way line of the old curve 3 ` portion of E.M. 2181 (Teasley Lane), ease being the ` northeast boundary line of a tract conveyed to First National Bank by deed recorded in Volume 711, Page 57, Deed Records of Denton County, Texas, said point also being the beginning of a curve to the left having a radius of 671.20 feet, a central angle of 66' 331 54" and a chord bearing and distance of north 41' 00' 11" west, 736.66 feet) THENCE northeasterly along said curve and lines an are length of 779.78 feet to a point for a corner) THENCE north 70' 12' 43" east along the south line of F.M. 2181 (Teasley ,Lana) a distance of 62.74 feet to a point for corner) I ' - 10 - r ~ f , N 03.13$1 Ob ID' e214 933 STOj JACESON 1. WAXER X025 039 THENCS south 69' 44' 17" east continuing along the south line of Toll. 2191 (Teasley Lane) passing at 126.36 feet the northeast line of the old curve portion of T.M. 2161 (Teasley Lane) right-of-Way and continuing a total distance of 417.54 feet to the place of beginning and containing 14962 acres of land, more or less. 1 uo74e/~ Y' j 1 I Ii a ~ 1 y r I 11 - I 1 ~ ~ h 03,13 91 08, 3L 4214 a!0 3704 J,1CR50X a %,tLKER X002 OJG .ti STATE OF TEXAS S AGREEMENT COUNTY OF DENTON g EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (harsinafter referred to as this i "Agreement"), made the day of , 1991, by and between NCNB TEXAS NATIO-J~-AL BANK (ASSIGNEE OF THE FEDERAL DEPOSIT INSURANCE CORPORATION, AS RECEIVER OF FIRST RBPUBLICBANK DALLAS, N.A., SUCCESSOR BY MERGER TO REPUBLICBANK D)LLLAS, N.A., FORMERLY KNOWN AS REPUBLIC BANK OF DALLAS), TRUSTEE, (hereinafter referred to as "Bank"), and the CITY OF DENTON, TEXAS, a municipal corporation of the State of Texas (hereinafter referred to as 11city") RILUTATIg WITNESSETN, THAT WHEREAS, Bank has this day conveyed to City all of that land situated in Denton County, Texas, which is described in Exhibit A attached hereto and incorporated herein for all purposes (hereinafter referred to as "Tract All); and WHEREAS, Bank is the owner of a certain parcel of land lying adjacent to Tract A (the "Adjacent Tract")l and WHEREAS, City desires that bank convey to City a perpetual and " non-exclusive easement benefiting Tract At in, over, across and through a portion of the Adjacent Tract, to provide for joint driveway access so that city has adequate vehicular access to any I I improvements it may construct on Tract Al and WHEREAS, Bank is willing to grant such easement upon the terms and subject to the conditions which are hereinafter set forth] NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual entry into this Agreement by the parties herato, and in consideration of the payment of One Dollar ($1.00), and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged by each undersigned party, the parties agree as follower flBANR' ~F $ABt!1tt1't4T is Bank hereby grants and conveys to City and its respective successors and assigns a perpetual and non-exclusive easement (hereinafter referred to as the "Easement'l) in, under, upon over and through all of that portion of the Adjacent Tract, which is described in Exhibit B attached hereto and incorporated herein for ale purposes (hereinafter referred to as the "Easement Area"), for vehicular access to any improvements City may construct upon Tract A. 2. Bank hereby reserves the right to itself, its successors, heirs, legal representatives, assigns, lessees, sub-lessees and I _I i r , ri • i 03, IS 91 oar 32 C2U 933 SFO4 JACKSON 6 WALKER ~uu2 039 ' 1 licensees the use and enjoyment of all or any portion of the 1 Easement Area. 3. Bank grants the Easement on the condition that city will construct the east 250 feat (more or less) of the access drive (the Access Driver) on the Easement at the time it constructs a new firs station on Tract A. City will construct the Access Drive on the want 260 feat (more or less) at the time it expands the proposed library to be constructed on Tract A to the ultimate 30,000 square feet floor area. If Bank, its successor, heir, legal representative, assign, lessee, sub-leases or licensee obtains a building permit prior to the ultimate library expansion, Bank, its successor, heir, legal reprosentative, assign, lasses or sub-leasee will construct the remainder of the Access Drive. If Bank does construct the west 250 feet of the Access Drive, then no reimbursement for cost of construction of the Access Drive will be due City by Bank, If so, no reimbursement will occur. 4. Prior to commencement of construction of the Access Drive, City shall provide Bank with an initial cost estimate of the construction hereof, if city constructs the entire length of the Access Drive, then Bank, its successors, heirs, legal representative assigns, lassoes or sub-lassoes upon obtaining a building permit to commence construction of improvement on any portion of Bank's tract, will pay to City one-half (k) of the actual cost of constructing the Access Drive, not to exceed one- half (k) the initial cost estimate provided to sank by city. 50 The Access Drive must be constructed so as to comply with 1 the then existing minimum standards for construction for parking Iota as established by Appendix A-S, Division III of Subdivision Land Use Regulations of City of Denton. 61 Bank and city will each be responsible for one-half M of all costs of repairing and maintaining the Easement. If either party desires for repairs to be made, it shall so notify the other party in writing as to the nature of repairs to be made, and city will promptly submit to sank a cost estimate for such repairs. if Bank is net satisfied with such cost estimate it shall so notify City and deliver to City a cost estimate for such repairs from a reputable third party contractor. City shall thereupon undertake such repairs for a cost equal to the average of the two estimates. If Bank does not respond to city's cost estimate within twenty (20) J days after receipt thereof, then City's cost estimate shall be doomed acceptable to Bank and City will promptly undertake such repairs at such cost. capacity onlBaynk in I and iteis hereby specigfi ally understood andnagreed -2- i f r OJ 1S 91 05:13 0211 913 3704 JACKSON A WALKER 2004 019 that Bank will not incur any personal liability for breach of warranty or of any other condition, obligation, or representation made herein whether expressly or by implication, and that in the event of such a breach, Bank shall be liable only to the extant to which Bank holds assets and properties for the specific entity on 4 behalf of which thin Agreement is executed, Notwithstandingq the preceding sentence, Bank hereby represents unto city that Bank has , the full power and authority to enter into this contract and all instruments that may be executed and delivered as required by the Contract, including, but not limited to, the sank Dead and the Easement Agreement; and the exculpation provision of the preceding sentence shall not apply to the representation contained in this sentence. AS WITNESS WHEREOF, the parties hereto have caused this Easement Agreement to be duly executed by their respective authorized officers as of the day and year first above written. BANKS NCNB TEXAS NATIONAL AM, TRUSTEE. al Titles C Bill Ttes I CITYS THE CITY OF DtNTON, TEXAS i ByyI ~i Tit1e~ a 4 •y` ~ t , 01: 33 12214 953 3104 JACKSON A WALKER :too$ 039 OJ~1S91 I STATE OF TEXAS S i COUNTY OF DALLAS S This instrument vas acknowledged before ms on this the / day of , 1991, by Trus sat a of NCNB Texas Na ana sank, net ona bans ng assooiation, on behalf of said association. i Notary Public* S ats o Texas My Commission Expires r rite ama o Notary I IIE I I I rr~ STATE Of TEXAS S COUNTY OP DALLAS S This instrument was acknowledged before ms on this the day of , 1991, by steep a 1 of NCNB sxss a oral a na ona ank nq assoaiationo on behalf of said assooiation. o m o, a e of exas My Commission Nxpirssi pr n e Name o o ary J I I 1 i 4( JACKSON' t WALKER ~aam 039 03'35 91 01,31 Q2 U 053 510J - STATE OF TEXAS S 5 COUNTY OF DZMN S ~ This instrument was acknowledged before me on this the day of , 1991, by of the Oi y o! en on, Texas, a municipal corporation, on behalf of said corporation. 1, .ary K~blio, State of Texas My Commission Expireat Printed ame of No ary 32l1~m/D , ~ { i i ~I i 1 r ' M X00 030 OJ 1501 06:J70217 953 3907 JACKSON NALKER _A ~hibit h r~ ponarty Daserintiflh r All that certain lot, tract, or parcel of land situated in Denton County, Texas, in the C. Poulallier Survey, A-loo6 and being part of a tract shown by deed to First National Sank, Trustea, recorded in Volume 718, Page 57, Dead Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at the southeast corner of said First National Sank traotl THENCE south 88' 49' 55" west with the south line of said First Stets bank tract 493.17' to its southwest corner] _.i THENCE north 1' 101 0511 west a distance of 290.0 fast to a point for a cornari THENCE trth So' 491 55" east a distance of he westerly right-of-way line of !9X. 1 a 21811 point THENCE south 1' 10' 05" east a distance of 250.01 to the Point of Beginning and Containing 2.8304 acres of land. 1201431A1/5 1 t i ti , 4 a , ~1 a S i 03"13 91 M 33 Q211 930 3704 JACR50\' ♦ WALJ Jt X00! O0D ~htbit g Property Descrjtstion All that certain lot, tract or parcel of land lying and being situated in the City and county of Denton, State of Texas, and being part of the C. Poulalliar Survey, C-. Abstract No. 1006 and being part of tract conveyed to the city of Denton by dead recorded in Volume 2423, page 1540 Real Property Records and also being part of two tracts conveyed to the State of Texas by deeds recorded in Volume 4000 page 341 and Volume 400, Page 334, Deed Records, Denton County, Takao and being more particularly described as followas BEGINNING at the northeast corner of the herein described tract, said point lying in the south line of F.M. 2181 (Teasley Lane), a public roadway with a right-of-way of q 90,0 feet and the vast line of Lillian Miller Parkway, a public roadway with a right-of-way of 90.0 festj r THENCE south 1' 041 17" east along the east boundary line of the herein described tract, same being the west line i of F.M. 2181 (Teasley Lane), passing at 283.79 feet the northeast line of the old curve portion of F.M. 2181 (Teasley Lane) right-of-way and continuing a total distance of 575.43 feet to a point for corner, said point l ying in the southwest right-of-way line of the old curve part northeast of boundary71 Zinc Tof as tract )convaeyyed btpn Firthe st National Bank by aced recorded in Volume 718, Page 570 Deed Records of Denton County, Texas, said point also being the beginning of a curve to the left having a radius of 671.20 feet, a central angle of 66' 33+ 54" and a chord bearing and distance of north 41' 001 11" west, 736.66 feat) THiNC3 northeasterly along said curve and lines an arc length of 779.78 feat to a point for a corned r THSHCE north 70' 12' 4311 east along the south line of F.K. 2181 (Teasley Lane) a distance of 62.74 feet to a point for corner) THENCE south 89' 441 37" east continuing along the south line of F.N. 2181 (Teasley Lane) passing at 126.36 feet the northeast line of the old curve portion of F.M. 2191 distance Lane) 413.54 right-cf-way and the placecontinuing of beinning total containing 1.962 acres of land, more or less. 129141(IJ/D f • I 03"11.01 01:36 0214 913 3704 JACKSON A wALRER ®0o9 034 !»IlZT Q i Easement Construction Easement Construction ageaiticstJQM i 19911!(0)/0 { f A . , . pool MEMO TOI Jennifer Walters, City Secretary FROMI James R. Thomason, Assistant Fire Chief DATEI March 12, 1991 e SUHJECTI COUNTY AMBULANCE CONTRACTS The Fire Department requests that the County Ambulance Contracts be C` placed on the Council Agenda for Council approval. .I The changes recommended by City Attorney, Debra Drayovitch, were agreed upon by the County and the contracts were amended to reflect those changes. When approved, the contracts may go to County Judge Mosley's office for the approval of Commissioners' Court. L m s R. omason JRT/bf t Attachment i i 1 i 1 ~ smbur i RESOLUTION NO. A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN t THE CITY OF DENTON AND DENTON COUNTY FOR AMBULANCE SERVICES. AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES. G SECTION I. That the City Council of the City of Denton hereby approves an agreement between the City of Denton and Denton County for ambulance services, a copy of which is attached hereto and in- corporated by reference herein, and the Mayor is hereby authorized to execute said agreement on behalf of the City. cFCTION Ii. That this resolution shall become effective im- mediately upon its passage and approval. PASSED AND APPROVED this the day of 1991. ;I BOB CASTLEBERRY, MAYOR ATTEST. JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM. DEBRA A. DRAYOVITCH, CITY ATTORNEY BY' J 1 f J i ~a f I S 1 y THE STATE OF TEXAS, } COUNTY OF DENTON se. iNTERL -~r. m mum= Za ""am BV=0 THIS AGREEMENT is made and entered by and between Denton t County, a political subdivision of the State of Texas, hereinaf- ter referred to as "COUNTY", and the City of Denton, a municipal- ity located in Denton County, Texas, hereinafter referred to as "city." WHEREAS, County is a duly organized political subdivision of the State of Texas engaged in the administration of county gov- ernment and related services for the benefit of the citizens of Denton Countyl and WHEREAS, City is a municipality engaged in the t provision of ~ ambulance service and related services for the benefit of the aitizen■ of Denton; and WHEREAS, City is an owner and operator of certain ambulance vehicles and other equipment designed for the transportation of E # persona who are sick, infirm, or injured and has in its employ j such trained personnel whose duties are related to the use of { such vehicles and equipment; and WHEREAS, County desires to obtain emergency medical services J rendered by City, as more fully hereinafter described for the E` benefit of the residents of Denton County, Texas; and WHEREAS, the provision of emergency medical services is a governmental function that serves the public health and welfare and is of mutual concern to the contracting parties; and i 1 = # 1 j i w~ ~ r ,ero~ Ii} WHEREAS, County and City mutually desire to be subject to the provisions of Texas Revised Civil Statute Article 4413 (32c), 1 the Interlocal Cooperation Act and other applicable statutes and contracts pursuant thereto; NOW, THEREFORE, County and City for the mutual consideration 's hereinafter stated, agree as follows: i j I. The effective date of this agreement shall be the lot day of October, 1990. II. e The initial term of this agreement shall be for the period of October 11 1990 to and through September 30, 1991. Thereof- ter, this agreement shall be renewed for successive additional t one year terms commencing on October 1 of each year if the County and city agree in writing on or before the first day of September to the amount of consideration to be paid hereunder for each successive term; provided, however, that each party may terminate i this agreement by giving the other party written notice of intent to terminate sixty (60) days after such notice. III. As used herein, the words and phrases hereinafter set forth shall have the meanings as followst A. "Emergency" shall mean any circumstance that calls for j immediate action and in which the element of time in transporting the sick, wounded or injured for medical treatment is essential f`f to the health of life of a person or persons. Whether the afore- mentioned circumstances in fast exist is solely up to the discre- ' 2 4 tion of the City. For dispatch purposes only, "emergency" shall include, but not be limited to: 1. The representation by a parson requesting ambulance service that an immediate need exists for such service for the purpose of transporting a person from any location to a place of treatment and emergency medical treatment is thereafter adminis- tared; 2. The representation by a person requesting ambulance service that an immediate need exists for such service for the purpose of transporting a person from any location to the closest medical facility; B. "Rural area" means any area within the boundaries of Denton County, Texas, and without the corporate limits of all incorporated cities, towns and villages within said county. C. "Urban area" means any area within the corporate limits of an incorporated city, City or village within said County. D. "Emergency ambulance call" means a response to a request for ambulance service by the personnel of City in a situation involving an emergency (as such word is hereinabove defined) through the instrumentality of an ambulance vehicle. Within the meaning hereof, a single call might involve the transportation of more than one person at a time. P 1 ' 1 IV. ambulance A. Services to be referred hereunder by City are i services normally rendered by City under circumstances of emer- gency as hereinabove defined to citizens of County. 1 s 9 1 ~JJ 1 I I~ J 1 B. The Denton Fire Department shall respond to the requests for ambulance services made within designated rural areas of County. C. It is recognized that the officers and employees of City { have duties and responsibilities which include the rendering of . ambulance services and it shall be the responsibility and within the sole discretion of the officers and employees of City to 9 determine priorities in the dispatching and use of such equipment and personnel and the judgment of any such officer or employee as to any such matter shall be the final determination. V. The County shall designate the county Judge to act on behalf of County and to serve as "Liaison officer" between County and City. The County Judge or his designated substitute shall ensure the performance of all duties and obligations of County heroin stated; and, shall devote sufficient time and attention to the execution of said duties on behalf of County in full compliance with the terms and conditions of this agreement and shall provide immediate and director supervision of County's employees, agents, contractors, sub-contractors and/or laborers if any, in the furtherance of the purposes, terms and conditions of this agree- ment for the mutual benefit of County and City. V1. City shall ensure the performance of all duties and obliga- tions of City as herein stated and shall devote sufficient time E and attention to the execution of said duties on behalf of City a in full compliance with the terms and conditions of this agree- 1 i 4 ment and shall provide immediate and direct supervision of the JI 1 City employees, agents, contractors, sub-contractors and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this agreement for the mutual benefit of City and County. VII. 5 For the services hereinabove stated, county agrees to pay to City for the full performance of this agreement the sum of TWO HUNDRED SEVENTY-ONE THOUSAND ONE HUNDRED FORTY-ONE AND NO/100 Ci DOLLARS ($2711141.00) to be paid in equal quarterly payments of SIXTY-SEVEN THOUSAND SEVEN HUNDRED EIGHTY-FIVE AND NO1100 DOL- LARS ($67,785.00) commencing on October it 1990. The remaining r payments shall be made respectively on or before January 1, 1991, , April 1, 19911 and July 1, 1991. VIII. E j County agrees to and accepts full responsibility for the SI acts, negligence and/or omissions of all County'S officers, employees and agents. IX. In the event of any default in any of the covenants herein contained, this agreement may be forfeited and terminated at either party's discretion if such default continues for a period of ten (10) days after notice to the other party in writing of such default and intention to declare this agreement terminated. Unless the default is cured as aforesaid, this agreement shall 5 1 I r r' 4r Ir-MIPM 46 M IT H wyA~ terminate as if that were the day originally fixed herein for the expiration of the agreement. X. This agreement may be terminated at any time by either party j giving sixty (60) days' advance notice to the other party. In the event of such termination by either party, City shall be i compensated pro rata for all services performed to termination ; date, together with reimbursable expenses then due and as author- ized by this agreement. In the event of such termination, should i City be overcompensated on a pro rata basis for all service reimburs- performed to termination date and/or be overcompensated able expenses as authorized by this agreement, then County shall be reimbursed pro rata for all such overcompensation. Acceptance of such reimbursement shall not constitute a waiver of any claim f that may otherwise arise out of this agreement. XI. The fact that County and city accept certain responsibili- ties relating to the rendering of ambulance services under this agreement as a part of their responsibility for providing protec- tion for the public health makes it imperative that the perform- 1 " ance of these vital services be recognized as a governmental shall be, function and that the doctrine of governmental immunity and it is hereby, invoked to the extent possible under the law. Neither City nor County waives any immunity or defense that would i otherwise be available to it against claims arising from the I exercise of governmental powers and functions. XII. I i 6 J I ,i AF 11W ~ y This agreement represents the entire and integrated agree- ment between City and County and supersedes all prior negotia- tions, representations and/or agreements, either written or oral. this agreement may be amended only by written instrument signed by both parties. MI. } This agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. XIV. In the event that any portion of this agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in lull force and effect to the extent possible. XV. ? The undersigned officer and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this agreement on behalf of the parties hereto and each party hereby certifies to the other that any necessary resolutions extending said authority have been dul ! y passed and are now in full force and effect. f 7 i i ~ } 77 EXECUTED in duplicate originals this day of j ~ 19 I DENTON COUNTY, TEXAS CITY OF DENTON, TEXAS 110 West Hickory 215 East McKinney Denton, Texas 76201 Denton, Texas 76201 G~ By By ^ Denton County Judge Title: Acting on behalf of, and by the authority of the Commissioners Court of Denton County, Texas 7 ATTEST: ATTEST: Denton county clerk Poston: i APPROVED AS TO FORM APPROVED AS TO CONTENT: I AND CONTENT: /&&k L2 DENTON COUNTY ATTORNEY FIRE CHIEF APPROVED AS TO FORMi I I J 8 r~ I r~J ' 1 S t STATE OF TEXAS, COUNTY OF DENTON. BEFORE ME, the undersigned authority, on this date personally appeared Honorable County Judge, known to me to be the person w oss name#isesubt scribed to the foregoing instrument and acknowledged to me that he executed the foregoing Interlocal Cooperation Agreement for the purposes and consideration therein expressed, in the capacity stated, and as the act and deed of said County. GIVEN under my hand and seal of office this of day r 19 , No ary Public or Texas Commission expirea3 STATE OF TEXAS, } COUNTY OF DENTON, ass. i BEFORE ME, the undersigned authority, 4n -.his date personally appeared person whose name is su scr e o r known to m~ to be the acknowledged to me that he a oragoing instrument and local Cooperation Agreement forethexecuted the foregoing Inter- uroses therein expressed and in the capacity therein statednandeto the act and deed of said GIVEN under my hand and seal of office this of 19~, day Notary Pu o or Texas commission expires: w i i i k 9 1 4 r OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Honorable Mayor and Members of the City Council FROM: Tanya Cooper, Assistant City Attorney j SUBJECTt Municipal Court of Record DATE: March 15, 1991 t Pursuant to goals you have outlined, steps have been undertaken for the creation of a Municipal Court of Record. A draft of proposed special legislation has been submitted to Senator Bob Glasgow and Representative Jim Horn for introduction in this regular session of tho legislature. A part of the process of introducing special legislation is submis= sion of a resolution enacted by any entity or governmental body supporting or requesting the special legislation. i have drafted the attached resolution for your consideration in this matter. Please let me know if you have any questions regarding the proposed resolution or feel any changes are necessary. Tanya A. Coops TC/lkh Attachment xot Lloyd V. Harrell, City Manager APPROVEDt ebr Ar Drayov tch one r~ t i i r~ NOW I ~ fs i MK.l T r mcrr RESOLUTION NO. A RESOLUTION SUPPORTING LEGISLATION TO CREATE A MUNICIPAL COURT OF RECORD FOR THE CITY OF DENTON; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the creation of a Municipal Court of Record would pro- vide a more efficient means to dispose of cases arising in the City of Dentoni and A WHEREAS, the creation of a Municipal Court of Record for the City of Denton would ease the volume of cases requiring hearings in courts of higher jurisdiction; and ! 9 , WHEREAS, a more efficient means to dispose of cases arising in 1 the city of Denton would benefit the citizens of the City of Denton by providing a speedy resolution to cases filed in the Municipal Courti and WHEREAS, the creation of a Municipal Court of Record would pro- mote more Afficient law enforcement with respect to Class C mis- demeanor offenses arising in the city of Denton; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES; SECTION I. That the City of Denton, Texas, supports the pro- posed legislation creating a Municipal Court of Record for the City of Denton and expresses appreciation to Senator Bob Glasgow and Representative Jim Horn for their efforts on behalf of the City of Denton in creation of said Court. SECTION II. That the City Secretary is hereby directed to for- ward a copy of this resolution to Senator Bob Glasgow and Represen- tative Jim Horn. i SECTION iii. That the Texas Legislature give early considera- tion and approval of the legislation creating a Municipal Court of Record for the City of Dsnton, Texas. PASSED AND APPROVED this the w day of , 1991. s BOB CASTLEBERRY, MAYOR J I 1 1 I A ~J ATTESTS JENNIFER WAU.'FRS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: l r I Page 2 j -qF f k JJI 77 I CITY OI DKNTON, MUS MUNICIPAL BUILDING / 215 E. McKINNEY / DENTON, TEXAS 76101 j ' I MEMORANDUM TO: Lloyd Harrell, City Manager G; FRAM: Bill Angelo, Director of Connunity Services DATE; March 14, 1991 SUBJECT: HISTORICAL INFORMATION ON THE CITY'S SOLID WASTE OPERATIONS Per your request, I have attached a report which attempts to explain some of the history of the City's landfill and commercial operations relative to the pending sale of the commercial system. Most of the Information prior to 1982 is somewhat sketchy; however, we believe the dates to be fairly accurate based upon the recollection of some of our long-time employees. l Should you require additional information, please let me know, I Respectfully submitted, Bill Angelo Director of Common ty Services Wsc lA2/031591040 f i 8171366.8200 D/FW METRO 434.2529 , RAO] HISTORY OF THE CITY'S LANDFILL AND COhNF.RCIAL SYSTBI i I A quick review of historical records indicates that the City of Denton has been engaged in the full range of solid waste services since the early 1900's. While there may have been some alternative service providers from time to time, our records do not mention any such providers until 1977 when MSM Sanitation Services entered the commercial collection business in Denton. Until that time it would appear that the City was the exclusive provider for residential, commercial, and disposal services. The City utilized numerous small dump sites over the years including a site off i Woodrow Lane which was used during the 1940's and 501s. Sometime during the mid 1950's the City opened the Mosely Road Landfill which was the 13th landfill formally permitted by the Texas Department of Health in 1974. In 1977 the City s recognized the limited life expectancy of the Mosely Road site and began a u', search for a new site. To that end, the City Council created a landfill site selection committee which conducted its search and analysis of prospective sites until 1980. Over the years the Committee reviewed approximately 67 sites in the area which would facilitate a landfill operation. While most sites were discounted due to geological considerations, all of the other sites were eliminated due to political opposition, In 1981, the City stumbled across the Edwards Lane Landfill site as a result of lawsuits filed against the City's Wastewater Treatment Plant. In settlement of the lawsuit, the City purchased the property currently utilized for the land- fill along with adjacent property which is used by the Wastewater Treatment Plant, While this property was not the best in terms of geological conditions, ciencies. Additionally, therefwaseno ipolit cal opposition to this particular site. Additional historical information on the history of the landfill and commercial operations is as follows: June, 1981 - Property purchased from Earl Edwards. October, 1982 - Peimit and design work commenced. January 31, 1984 Mosely Road Landfill closed, February, 1984 - March, 19$5 Direct haul of refuse to Lewisville Landfills, { 1 - March, 1984 Final permit application submitted to TDII. i , March, 1984 - Land clearing and grubbing commenced. i 1 IA2/031491039/1 . 1 l r / ~f r, V 1 HISTORY OF T1F CITY'S LANDFILL A ,D CCMAERCIAL SYSTBI Page 2 June 12, 1984 - Permit issued by TI)H. I June 13, 1984 - Initial development commenced. I March 139 1985 - Landfill opens. August, 1985 - Deposition rate calculated at double forecasted rate. Staff begins to monitor and analyze deposition rates to determine whether or not $ increased volumes are anomalies resulting from construction boom. February, 1986 Texas Waste Management purchases K%1 Sanitation Service, Inc. and begins providing commercial service in Denton. March, 1986 - Staff determines that deposition rates are factual trends and begins to take steps to extend ' landfill life. r January, 1987 - Discovered less clay than estimated by geological tests. June, 1987 - New closure date established for October, 1994. October, 1987 - Landfill rates increased to reduce deposition r rate. Commercial and residential rates increased to establish early debt retirement fund. February, 1988 - Staff presents Solid Waste Alternative Report to City Council expressing concern rela- tive to disposal options and the City's ability to compete with Texas Waste Management. 4 July, 1988 - Council creates Solid Waste Alternative Committee (SWAC) which is given responsibility for recom- mending an appropriate disposal option and assessing the role the City should assume in the delivery of solid waste services. August, 1988 - SWAC begins its study, a.eeting on an average of I once every two weeks. Initial meetings were aimed at educating the committee on the issues and the solid waste industry. Subsequent meet- ings involved examination of disposal options including: landfilling, cogeneration, recycling, IA2/031491039/1 ' Al 4. Wq~4W HISTORY OF THE CITY'S IA.NTFILL AND COMMERCIAL SYSTEM! Page 3 RFD, baling, transfer station, direct haul, etc. Additional meetings involved the examination of the City's role in solid waste service through financial projections, interviews with private haulers, industry experts, etc. l August, 1988 - EPA publishes Subtitle D Regulations for review and comment. August, 1989 After a year of intensive study, SWAC presents I its recommendation to the City Council. The I recommendation included; C'", The SWAC recognized that some type of action was necessary in order to maintain residen- tial rates at a reasonable level and opted to recommend that the City become the exclusive solid waste service provider and that the City immediately take steps to r locate and acquire new land for a landfill. 1 October, 1989 The Denton City Council held a public hearing on October 17, 1989, concerning the recommendation of the Solid Waste Alternatives Committee that the City of Denton Solid Waste Division become the exclusive commercial and industrial solid waste collection service provider. Mr. George Gilkeson delivered the Solid Waste Alternatives Committee recommendation. Twenty people spoke in opposition to the City becoming the exclusive service provider. Two people spoke in favor, November, 1989 Chairman of SWAC and staff members begin a series of meetings with the Chamber of Commerce Local Government Affairs Committee, December, 1989 - City Council holds special work sessions on solid = waste and directs staff to solicit bids for the City Commercial system, January, 1990 - City adopts 8% license fee for privets solid J waste haulers and adopts commercial rate in- creases, I (I ' I IA2/031491039/3 Ji 1 1 I { J 114!0` HISTORY OF THE CITY'S I.AA'DFILL AND COhf .RCIAL SYSTEM Page 4 October, 1990 - Landfill life expectancy revised to July, 1996. October 17, 1990 - Public Utility Board received briefly from staff on Disposal options and Commercial sell. i November 14, 1990 - Public Utility Board continues discussion on Solid Waste issue. December 19, 1990 - Staff provides formal presentation on Solid Waste options to the Public Utility Board. December, 1990 - Bids for Commercial system received. C January 5, 1991 - Public Utility Board continues discussion on Solid Waste options. January 14, 1991 - Public Utility Board conducts review of financial scenarios involved in Commercial sale. February 5, 1991 - Public Utility Board continues discussions and receives a report from Waste Management of Texas. February 18, 1991 - Public Utility Board continues discussion on Commercial Sell and votes 4 to 1 to recommend that the City become the exclusive provider of Commercial Solid Waste service, j March, 1991 - After holding several work sessions on solid waste issues, the City Council holds a public hearing and adopts a resolution to sell the Commercial system, close the landfill early, and contract with WMI for use of a transfer station to be built in or near Denton. 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OASINOCR OLIV C RO C CANA Ltl LOW "L F. DENTON ORIAN DO L. GA RCIA T Mr. John McGrane Executive Director of Finance s t City of Denton 215 E. McKinney Street Denton, Texas 76201 k t Re: Delinquent Tax Collection Performance Report i Contract Renewal 4 Dear Mr, McGrane: $ The City of Denton has contracted with the law firm of Heard, Goggan, Blair & Williams (HGBW) for the collection of delinquent ad valorem taxes since July 1, 1986, The current contract began July 1, 1989, and extends through June 30, 1991, with a provision to renew and extend the contract for one additional two year increment commencing July 1, 1991. The purpose of this performance report Is to highlight the activities and results of our collection efforts. It is our sincere hope that the City of Denton will exercise this renewal option. PROGRAM HIGHLIGHTS 19861991 Total Delinquent Collections $3,608,127 Demand Letters Malled 12,500 Lawsuits Filed 740 DELINQUENT TAX COLLECTION RESULTS Heard, Goggan, Blair & Williams has collectt.d $3,608,127 in delinquent taxes, penalties and interest for the City of Denton since July, 1986, An increase in delinquent tax collections, ransing from 122% to 194%, has occurred during the past four years. Collections figures below reflect the increase of revenue experienced for the City of Denton: IANANTONIO Pont WORTN IROWNSVILLt 101plIt116IP9 SUIL01N0 MOUITON AL'StIN O)LL OAS HO., SUITE 1414 2908 G0CACMICA UNT"I'L00R 1000 CITICORP CtMTCR am L1ITL[PI[LO I1.01 109 W, 774 IT, SUIt91/0 j SAN ANTONIO,TtAA111101 HOUSTON, TEXAS 11`001 AUSTIN, TEXAS POPOI Pont WORtH,TCAAS Took ■ROW'MIVILLt, TEXAS 79511 #t 14,21125-IVq 013,461 sap IS12141`14117 1sitisto-4119 II111 944-111101111 PAXISII111F 6410 PAA171JI#SS 0202 11PAX1921 Ala IISO PAX16ill 1/-01001 PAXIIlthS44314 I 7.1 S ~Ya r Period Amount Collected Prior to HGBW: 1985-1986 $292,788 HGBW: j 1986.1987 $650,339 1987.1988 $747,095 198': 1989 $860,745 1989-1990 $825,370 The chart on the following page graphically illustrates the almost three-fold increase in delinquent tax collections that has occurred during the past four years in comparison to ! the year prior to our contract. The City's fiscal year (October through September) and the delinquent tax collection reporting year (July through June) do not coincide. The difference in reporting periods exists because the Texas Property Tax Code specifies that additional penalties apply on July 1 of each year, which is the date that private attorneys begin their collection efforts. In 1985.86, when the City utilized Terry Lewis, P.C., collections totalled $292,788. During our first year in 1986, our firm's delinquent collections totalled $650,339. In 1989-1990, $825,370 was collected. As the chart illustrates, increased collections has not been a temporary phenomenon. r I In October, 1990, the City of Denton converted to a new computerized tax collection system that was modeled after the one used by the City of Wichita Falls. Throughout the fall, the City staff has worked to complete the transition and customization of the system. At the current time, our firm is working with the City to convert the delinquent tax roll information. Due to the transition period, we have been unable to receive an updated s printout of the delinquent tax roll since September, 1990. Delinquent tax collections for the July, 1990, through February, 1991, period have totalled $524,578. R Even though we have not had current tax account information and, therefore, have been 3 unable to vigorously pursue delinquent accounts, we feel we have effectively used this time to assist the City in collection and research related projects and emphasize the collection of accounts in litigation. Research required to secure proper service of all defendants has been a priority. i In ordet to maximize collections, our firm conducts computerized analysis of the tax roll on t monthly basi This analysis profiles the delinquent tax roll by property type, age, size and Inoterns of delinquency. Our management team utilizes these reports when dev.dopi,lg ~Nork hl-tr,, and collection strategies. This analysis also assists in revenue fore;, s Me A !•.rofile of the City of Denton delinquent tax roll is included In Appendix A. i The ft-ev which our fin, receives for our collection efforts are paid by the delinquent taxpayers. The Clty pass.d resolutions in 1982, in accordance with a provision in the Texas Property Tax Cude, that allowed an additional penalty of 15% to defray the cost of collection ;a be to each delinquent account. Furthermore, all operational expenses, including such things as staffing, mailing, litigation and computer support are borne by our i 1 I .t _a 1 I 1 urs t+r r City of Denton Comparison of Delinquent Tax Collections (Base Tax Plus Penalty and Interest) Thousands $860,746 $900 (294%) $826,370 (282%) . $800 $747,096 (266%) $700 $660,339 (222%) j $600- $500- $400- $292,,788 $300 (100%) w $200 , $100 } $0 July 86- July Be- July 87uly 88- July 89- June 86 Jun• 87 June Si 8 June 89 Juno 90 0 Collections Prior to Contract with Heard, Goggan, Blair 8 Williams Actual Collections During Contract with Heard, Goggan, Blair d Williams r`" ucrvzar~ law firm (with the exception of foreclosure publication fees, execution fees and attorney ad litam fees, that by state ]aw are paid by the taxing jurisdictions). PROGRAM APPROACH Our comprehensive tax collection program for Denton includes telephone collection, address and problem account research, taxpayer correspondence, seizures, litigation, bankruptcy proceedings and federal agency collections. We coordinate mailings and lawsuits to create credibility for our collection letters. v The collection program merges the disciplines of law and collections with highly sophisticated computer capabilities. The flowchart at the end of this report graphically illustrates the continuous delinquent tax collection process that our firm utilizes. Collection/Research Our collection program combines taxpayer contact, address research and skip-tracing techniques. A delinquent tax cannot be collected until the taxpayer is properly advised of the unresolved account. Every effort is made to contact taxpayers by telephone and letter and to identify property owners in order to secure collections. Only after a delinquent taxpayer disregards repeated notices from our firm is litigation initiated Demand Letter Mailing Activiri Upon receipt of the July delinquent tax roll, we send a demand tax collection letter, on our attorney letterhead stationery, to every eligible account. The initial contact of the taxpayer r+' is to ensure that the taxpayer is aware of the delinquent taxes and to warn them that legal 1 action will be initiated within ten (10) days if the account is not resolved. s Since July, 1986, Heard, Goggan, Blair & Williams has conducted ten (10) separate mass mailings to delinquent taxpayers and sent more than 12,500 demand letters. This does not include the follow-up letters the firm generates in response to taxpayer communications and as a result of resolved research problems. Lifl atio It is our philosophy that a lawsuit should be the last, rather than the first, effort in j collecting the delinquent taxes. We have been very successful in conducting pre-litigation activities that include abstracting the property to identify property owners and lienholders l and contacting them by letter as well as telephone to secure payment. This approach not only is successful in collecting the money faster, but it also eliminates the taxpayers bearing court cost expenditures and avoids clogging the court docket unnecessarily. However, it sometimes becomes evident that the filing of a lawsuit is the only viable avenue to the collection of taxes. At that point, process must be served, and cases must be set and carried to judgment. Over 740 lawsuits involving the City of Denton have been filed by Heard, Goggan, Blair & Williams. All lawsuits on behalf of the City are filed in District Court in Denton County. t 1 r; E J ~ Bankruptcy HGBW continues to represent the City's interest in bankruptcy courts throughout the State of Texas. A computerized tracking system has been developed and is utilized by the attorneys and bankruptcy staff to monitor bankruptcy case activity. A majority of the City's accounts involved in bankruptcies concern Chapter 7 (liquidation) and 13 (Wage Earner) proceedings. Consequently, the City is receiving a large number of monthly payments. HGBW continues to search for new avenues of payment concerning bankruptcy accounts. HGBW was able to have all amounts owed by Jerry Cheatham ($12,000.00) paid by the lienholder. HGBW has requested the City Council approve payment of approximately $30,000.00 to the City concerning the Ridgeway paving lien account, subject to the Tom Fouts bankruptcy. Tax Seizures Business personal property is subject to seizure for unpaid taxes. Often, obtaining the tax warrant and appearance of law enforcement officers at the taxpayer's place of business will result in payment. The City recently approved the seizure of the inventory of a jewelry store that had been repossessed by a bank. This action resulted in all accounts being paid immediately. Our firm will continue to identify accounts that would be appropriate seizure candidates and make recommendations to the City Staff and City Council. Federal Agency Collection Activities Taxpayer property continues to revert to various federal agencies, including the Federal Deposit Insurance Corporation (FDIC) and Resolution Trust Corporation (RTC). Federal agency collection strategies have, therefore, been incorporated into our existing collection t system. Professional relationships have been established with federal agency personnel which augments the ongoing statutory claim process. In fact, our firm is taking a "leading edge" position in federal agency collections, having presented this topic at a number of state-wide tax conferences and workshops. Our firm is currently before several state and federal courts concerning issues which would affect the City's ability to collect taxes owed against FDIQRTC properties. a' Miscellaneous Services Provided to City 1 During our relationship with the City of Denton, we have provided miscellaneous support and collection services, in addition to the collection of delinquent ad valorem taxes. We integrate mowing and paving liens into delinquent tax suits whenever possible. By example, we are currently negotiating payment of the Ridgeway Drive Paving Assessment that was ? involved in the Tom Fouts bankruptcy. We have assisted in filing bankruptcy claims on utilities and hotel occupancy taxes in addition to the property tax claims. We have, on request, assisted in the collection of late Hotel Occupancy Tax through phone calls and letters. We are currently working on a trial code enforcement project that involves instituting foreclosure proceedings on specific condemned or abandoned properties which the City wishes to obtain for various code enforcement reasons and utilize for possible future low income housing locations. In addition to the above, we offer assistance in address research. We work closely with the Denton County Appraisal District and the tax office to update information on ownership. r ` S ~ We set up and handle payment arrangements out of our office in an effort to assist the tax office. We work with the City Engineering Department and Legal Department exchanging various information. j We also make recommendations for procedural changes in those areas we believe would improve collection of your taxes. Debbie Patton, our Denton Office Manager, took Vic Schneider to the City of Seagoville to see first hand and discuss their successful collection techniques regarding mobile homes. DATA PROCESSING SERVICES S HOBW has determined that delinquent tax collection requires highly specialized data processing. The firm employs a dedicated thirty person data processing team of system designers and computer programmers to develop and implement specialized technology that meets and benefits the specific needs of the firm and our clients. Our system retains a complete computer history of all collection activities related to each delinquent account. The history system includes tracking of address changes, dates of each maIing, as well as codes to indicate if a letter was returned undelivered. Activity codes are utilized to define accounts that are not immediately collectible due to an Over-65 exemption, appraisal problem, bankruptcy, etc. r Our data processing unit regularly generates the following products for the benefit of the City of Denton: i • Regular Mailings - high volume personalized mailings accompanied by detailed tax statements, used for all accounts subject to mass mailing activity and follow-up notification; • Special Mailings - highly personalized, low volume mailings to taxpayers falling within selection criteria targeted in the workplan; • Specialized Listings - reports detailing the status of various portions of the delinquent roll such as bad address accounts, returned mail, accounts available for lawsuit, accounts available for mailing, hardship accounts and other subsets I of the roll; and • Tax Roll Analysis - profile of delinquent tax roll identifying property type, age, ' size and patterns of delinquency. ; ENTON, NORTH TEXAS REGIONAL AND STATEWIDE OFFICES I Our firm has maintained a local office in Denton for the past four and a half years that is managed by Ms. Deborah Patton. Ms. Patton oversees and conducts the day-to-day delinquent tax collection program, coordinates with City officials, interfaces with the Court and Denton Central Appraisal District and deals directly with delinquent taxpayers. Ms. Patton is assisted by Ms. Bettye Smith. i } 1 r _I DeMetris A. Sampson, is the partner in charge of partnership matters in the North Texas Region. She is responsible for oversight of the firm's litigation program and serves as HGBW's Affirmative Action Liaison Officer. Ms. Sydna Gordon is the firm's attorney who assumes primary responsibility for Denton litigation and Michael Deeds handles bankruptcy litigation and federal agency collections. The Denton office is directly supported by the North Texas Regional Office that is managed by Ms. Nancy Primeaux and is staffed by forty tax professionals. This staff provides direct support to the Denton office and thereby extends their managerial, collection, research and litigation capabilities. A state-wide organization has been built to serve our clients. This organization is comprised of approximately three hundred (300) persons, including attorneys, system designers, analysts, computer programmers, managers finance specialists, public relations ccl specialists, paralegals, collectors, clerks and secretarie . HGBW maintains fourteen (14) offices throughout the state, including the North Te&as offices of Dallas, Fort Worth, Denton, Sherman and Greenville. } i ROLE OF LOCAL COUNSEL It is our firm's practice to affiliate with local attorneys who bring a unique local perspective to the collection of delinquent taxes and provide a broad range of liaison and oversight functions. Our affiliated attorneys for the City of Denton are Curtis M. Loveless and Mike Gregory. These attorneys bring an increased level of local legal experience which aids HGBW in enhancing its delinquent tax collection program for the City. Liaison services r with the local bar, chamber of commerce, press, judicial and other courthouse officials is a responsibility of the local counsel. In addition, the local counsel acts as an ombudsman for taxpayers, when necessary. CONCLUSION ~ j r The firm is committed to the City of Denton and consider ourselves to be your partner. The support and courdination provided by the City staff is integral to the results and greatly appreciated by our firm. It is our belief that our efforts in delinquent ad valorem tax collection have contributed significantly to the ability of the City to provide vital services to the community. We would consider it a privilege to continue to assist you in the collection of delinquent ad valorem taxes. We hope that the City will exercise its option to renew and extend our contract. If we can provide additional information, please do not hesitate to call upon us. Since I L Nancy R, Primeaux Regional Manager Attachment Heard, Goggan, Blair, & Williams Delinquent Tax Collection Process i No Response Return Mail Research I NNW No Response Probiems Return Mail t 1 s I i. J I i { .i 1 M, } 1 1 I 1 i Next Cycle 11 t 9 APPENDIX A ff , a 3 f 1 DOS DTS CITY OF Dlm= DELIDQUW TAI SUMLY ' JULY 1990 L I NtR188R OF USE TAX + 1989 1989 BASK 1989 ONLY ACOXM BASK TAI P 6 I USE TAI TAI + P A I BASK + P 6 I ~r REAL PROPlt11f 928 563,058.47 856,174.95 339.216.01 468,118.16 330,814.71 P8NSOMAL PROPOM 1,220 492,868.67 844,360.28 150,905,76 208,250.14 58,522.27 TOTAL 2,148 1,055,927.14 1,700,535.23 490,12[.79 676,368.30 389,336.96 r i~ f ~ f. F • . y i:... r I . r w+ • r...w N.r6 f +b'..r)i. u.-< Ymr i.M.u.m.l[NSMwY...f.Hi."i.M n.rm.+a ~i1K~@riiWk3W«PF.;ddiWS.i'r+tlx~a.a»rv.:y:,(dwxl.il+)I:.Er.r.v-5.^a;C. w.M1 i.,. ,:gyn.. _ 1 ~ t D811_SDA CITY OF DBYTON SIZE OF DE61NQUNT ACCOUNTS imy 1990 S y 1 AVESACE SIZE i D0I1,/R lIUt8E8 OF USE TAX + ANOSITT ACOOUTiS mum 4 19TENEST PERCiOrmE OF ACCOUNTS i REAL PROPUTY 0-200 430 61,4%.36 7.181 143.01 200-1000 373 264,170.88 30.85% 708.EJ 1000-AIM 125 530,507.71 61.%% 4,244. 928 856,174.95 100.00% 922.60 { TOTAL i PERSOEAL FROM 0.200 856 102,654.19 12.160 119.92 200.1000 295 231,209.14 21.36% 783.76 1000-ASOVB 69 510,496.95 60.46% 7,398.51 TOTAL 1,220 844,360.28 100.001 692.10 t ALL ACCOUNTS f 0.200 1,286 164,150.55 9.651 127.64 200-1000 668 495,380.02 29.131 741.59 1000-ABOVE 194 1,041,004.66 61.221 5,366.00 { TOTAL 2,148 1,700,535.23 100.001 791.68 i '~A.rL?MdJa'~1LV7df,d5w,?WIY4~Hio.+.4s'dw.:'K~W ~.~n t'7~s+F ..fir., ~,~V':n!v.rn.'Sri;,.n_1.4::a.:.:arsy+.r...,wnac✓r.waa.:.r.r•H•:..a:w.wtwwwu+,w.zwn::r....,w«.+.-..""^"'-""-1O'"'•••.°'• •.•• i r VF -A- w r a M Din-DOD CITY OF D81d'TON Dean OF ORLIIIQURNCY SEPTRIM 1990 N 19MMER OF AASR TAI t AVERACR SIZE ACCOUNTS PENALTY 6 XrrnjM PMCNTACR OF ACCOIRI'S G~ REAL. MPBTT FIRST TIN[ 482 330,814.71 38.64t 686.34 1RPFJIT 140 182,493.98 21.321 16303.53 CHRONIC 1% 279,109.23 32.600 1,424.03 NOT WING 1989 103 60,154.68 7.03% 584.03 OTIH71 7 3,602,35 0.42% 514.62 TOTAL 928 856,174.95 100.00% 922,60 PBUSOMAL PYOPKRTY FIRST TIME 148 58,522.27 6.93% 395.42 RSPEAT 61 247,651.45 29.33% 4,059.66 CHRONIC 71 75,8S6.59 8.981 1,068,40 NO'T OWING 1989 930 455,142.95 53.900 489.40 1 On= 10 7,187.02 0.651 718.70 TOTAL 1,220 844,360.28 100.00% 692.10 ALL ACCOUNTS E FIRST TIMB 630 389,336.98 22.89% 618.00 RNPUT 201 430,145.43 25.294 20140.03 CHRONIC 267 3S4,%5.82 20.87% 1,329.46 NOT WING 1989 1,033 515,297.63 30.301 498.84 OTMRIt 17 10,789.37 0.630 634.67 it ! TOTAL 2,148 1,700,535.23 100.00% 191,68 l sw3aGW18 Hie.rs.N w. w'uC(ir r+-+'.. r'.W...Y A..n ti: s. i.,Y,. i.r .::.i, . , r 1 i f CITY OF DIDiM DIST8.I8UTIOM OF DILINQUIXT TAUS surnum 1990 t DOLLAI MO>OM OF BASE TAX 1969 _1989 BASE 1989 ORLY 1936 i PRIO@ ACCOUNTS ~W... -.-__BABS TTY-.---... -P i _I -.....-...EASE TAX _._-.AX + .P _i i., _MSB_+.P.6_L .BABl.+.P.6-1 _ 88AL MP88.TY i 0-200 .430 42,17L.84 61,496.36 45,113.76 62,257.02 36,469.78 (760.66) F 200-1000 373 1721337.03 264,170.68 111,489.72 153,855.82 103,331.02 110,315.06 1000-AIM 125 348,549.60 530,507.71 182,612,53 252,005.32 191,013.91 278,502.39 t TOTAL 926 563,058.47 656,174.95 339,216.01 468,118.16 330,814.71 388,056.79 P88SOMAL PBAPYRTY .0-200 856 53,209.99 102,654.19 13,668.39 18,862.56 9,L46.33 83,791.61 200-1000 295 124,941.57 231,209.14 26,118.47 36,043.46 24,772.48 195,16S.68 1000-AWYC 69 314,717.11 510,496.95 111,118.92 153,344.10 24,603.46 357,1$2.85 TOTAL 1,220 492,868.67 844,360.28 150,905.76 208,250.14 58,522.27 636,110.14 ALL ACCOUNTS 0-200 1,286 95,381.83 164,150.55 58,782.15 81,119.60 45,616.11 83,030.95 200-1000 668 297,278.60 495,380.02 137,608.19 189,899.20 128,103.50 305,460.74 1000-ASWC 194 663,266.71 1,041.004.b6 293,731.45 405,349.42 215,617.37 635,655.24 TOTAL 2,148 1,055,927.14 L,700,535.23 490,121.79 676,368.30 389,336.96 1,024,166.93 k=' i'.:b y .f f'M4)AW.r......r... v ...',.......`,r... e... i.v 1 .r.k a... r. n Y..a~i.,.t..a.4:J1.L:.rv[nJYH.d_S.:e.rM5YM'P'.rv4...,......w+......•........nw N M 1 ' M i CITY Of DENTON DELINOUENI TAX SLOWRY PAGE 21 EIENSUMJ2 09/07/990 ALL YEARS PAT AS DE 09/90 REAL PROPE.RIV UMER SUIT 1 RANGE ACCOWITS YEARS TAX TAX A PT ACCOIMIS YEARS TAX TAX 6 PI 1 42.171.04 61,496.36 19 56 3,129.26 4.785.47 p•200 430 653 200.1000 373 1,649 171,337.03 264.170.61 97 619 54,480.66 66.483.13 ` > 1000 115 569 346.549.60 530.507.71 46 329 141,266.79 226,101.72 563,056.47 456.174.95 172 1.014 194.696.73 319.370.52 TOTAL 924 1,461 ' 1949 ROIL PA! AS OF 09/90 OENSM" 06/07/90 G-~ REAL PROPERTY LAMP SUIT RANGE ACCOlM1S YEARS TAX TAX A PI ACCOUNTS YEARS TAX TAX A P1 ` 0.2710 496 495 45.113.76 61,257.02 to 41 7,860.41 10.875.05 2f1 261 111,469.71 153.655.62 6l 61 15.406.97 36.061.63 100-1000 1 1000 69 89 141,611.53 151,005.]2 13 3 35,703.32 49, 270.59 155 165 i6.990. T0 9!.207.17 ~I TOTAL 406 815 618 ]]9,116.01 464,11E 16 pfNSU w9 09/07/90 1949 ONLY P61 AS OF 06190 LMER SUIT j REAL PROPERTY RAN9f ACCOUNTS YEARS TAIL TAX 6 PI ACCOUNTS YEARS TAX TAX 6 PI 0-10D 863 143 16.417.47 36.469.76 9 9 8124.31 1.275.55 . 14 1 700 9000 167 161 74,4'17.934 103,331.02 4 6, 895.14 9,653.26 1 > 1000 52 62 130.415.67 191,013.91 3 3 6,279.47 8,657.94 139.710.86 330,0 14.71 26 26 14,19].32 19.566.71 TOTAL +9► 442 441 I P.:6;S;~a.'.J¢o.,w6A Lr:W: falYn: p'r, ~;:aa,u,...,M ~,lev.; fa•..f _ 1 ~ f Y i46 f+.w Y CITY Of OINION DELINQUENT TAX SUA6IARY PAGE 14 OENSUW2 09/07/90 ALL YEARS PSI AS Of 09/90 BUS!MESS PERS. UNDER SUIT RANGE ACCOUNTS YEARS TAX TAX 6 PE ACCOUNTS YEARS TAX TAX 6 PI 0-200 656 1,609 53,209.99 102,654.19 54 143 4.967.24 9,266.56 I. 200-1000 295 795 124.917.61 231,209.14 95 276 44,896.76 76.343,50 > 1000 69 233 314,717.11 610.496.95 38 160 117,662.66 797,119.03 TOTAL 44& 1.220 2,637 492.666.67 644,360.26 167 569 167.426.66 212,611.06 { I G: OENARW2 00/07/90 1969 ROLL PSI AS Of 09/90 BUSINESS PERS. UNDER SUIT y RAIM ACCOUNTS YEARS TAX TAX 6 PI ACCOUNTS YEARS TAX TAX 6 PI ! 0-200 210 210 13.666.29 18,862.51 39 36 3.644.52 5,306.50 200-1000 66 66 26,119.47 36.043.46 29 29 9,660.53 13,331.51 > 1000 14 14 171.118.92 153.344.10 6 6 16.115.80 24.999.60 j TOTAL •N• 260 290 150,905.76 206.250.14 73 73 31,670.86 43.636.61 DENSU612 09/07/90 1989 ONLY P61 AS Of 09190 1 M/SINESS PERS. UNDER SUN) MAIM ACCOUNTS YEARS TAX TAX 6 PI ACCOUNTS YEARS TAX TAX A Pi 0-200 101 101 6.627.71 9,146.33 5 S 589.46 613.61 200-MOOD 39 39 17.961.09 24.772.48 6 6 3.123.21 • > 1000 6 6 17,126.60 24,663.46 1 1 1,641.x• -y TOTAL 146 146 47.407.40 S6.h22.27 14 14 1 I E i i a la. .Y 1" u..,.. n r.. Y.n e..Y.A... n ..n.a.iA/eN li.Yw.eY\MI.I x,M':~M W:Y4++w.m~ea.....s•I 1 1 JI ~l ~tMC0. 1 • 1'J`i NX 1 CITY OF DEMON O(JINWLW TAX SUMMARY PACE i DFNSU*n 09/07/90 AIL YEARS P&I AS Or 09/90 ALL PROPERTY TYPES UNDER SUIT RANGL ACCOUNTS YEARS TAX TAX 6 PI ACCOUNTS MEANS TAX TAX 6 PI 0-900 1.716 2,262 95,344.63 164,150.65 i I . 87 199 8,096.50 14.061.02 200'1000 6441 2.444 297.271.60 495.380.02 197 906 99.377.46 164.636.63 > 4000 494 792 66.1,266.71 1.041.004.66 84 479 258.849.45 42J.290.75 TOTAL 460 7.144 5.496 1,055.927.14 1.700.635.23 359 1.583 366.323.41 602.181.60 OENSLa" 09/07/90 1989 RCU PAY AS OF 09/90 J ALL PROPERTY TYPES UNDER SUIT RANGE ACOOIRITS YEARS TAX TAX 1 PI ACCOUNTS YEARS TAX TAX 8 PI r 0-200 705 706 56.782.16 81.119.60 119 119 11.724.93 16,180.55 200.1000 227 327 137,606.19 189,899.21 90 90 35.067.50 48.399.14 > 1000 83 83 293.731.45 406.349.42 19 19 53,019.12 74,270.99 TOTAL •At 1,115 1,116 490,121.79 676,368.30 228 228 100.811.5S 138.844,08 YEMSIAI►lZ 09/07/90 1989 DULY P11 AS OP 09/90 ALL P80PERIY TYPES i~. UM ER wir ~ RANGE ACCOMS YEARS TAX TAX 6 PI ACCOINIS YEARS TAX ?AX 8 P( 0-200 384 364 33.065.t8 4b.616.11 14 14 1.513.87 2,089.18 200.1000 206 206 92.828.63 128.103.50 22 22 10.116.41 13.962.39 > 1000 60 60 156,244.47 215,617.37 4 4 6.115.54 111199.44 TOTAL 630 630 281.121.26 389.336.96 40 40 19.747.82 27.251.99 p 7 M~9JM',4'.S!Ef'tJ4d1:"YMiNYdM~wNAAM4.MYWiroMR'AAA~IJJJaYSkzY,wid,rSu.. J~. ,•.:r..n u,. 11.,h...,m.rr.a. r. r. .~,...m.. na.,e. e:.. ~ ~n r=w »....,.s.......-e.a«+.. aM...~....n~..`.,wa.rmws.a,w..ww....r,.i..~ 0 b o o ` i i { O C ~ N 1 C 1" k V ON as OXO}xt b O}OtOxO~Ox ti^I C1 to O C O N b N -4" V lNb 2 N V7 NN NON Ln S,4 ~ 40 on CA y I m m ~ 7 ► I G a% th F4 _ w 71 i W W W N O~ V W W N W N " O 4= p • • .O b VI V t N 7 y Y V W O.a 0 NOpNt V VN lO ZOW Ob M b W ut • a~ ;IF O` 4 8 n _ b N ~O N OI O S" O O A V1 0k W N i b O V m V Y W V N \p Os Oo O• N s- 0 0 tO y x O'~ w lI~ b V Oa a V. ~p N N O p ' m m 20 T O~ 41 t V .~.V 071 N O 4... 1bI1W M b V Rr o b .Oj ..4 ~ a O mb b V~ t' V1 V W V r ?w N ?M. p. O rV NO.W ft ObO b m 1O « cm coo 6 I ' 1b/1 < V W1,' V OOWbV V y..b ch mft %a I I i F~:..l rn.il..+.,,y?•o1>,r ~n .n'r:'1..'.✓•./.V l...~."+i+ r •I..).:1wc.atn.':~'.Y 4:J... .M:,.A.. t.+.. «.ikl.l-+a... w.....:~ ~ ! 0 j r r , 09/01/90 CITY OF CINTCN REAL PROPERTY f SEPTEMIER 1990 COUNT EASE TAX EASE + PL, XXXx 136 124,9;1.11 :23-320.)e - xXxo se 371000.90 59,)88.45 XXOX 2 917.01 10913-32 XXOO 140 125,926.02 192,451.48 XOXX 2 936.42 11916.88 XOxO 1 61.29 92.86 j xOOx 2 243.6$ 397-29 XODO 482 2390120.91 330,814.71 Sue-89 825 519.160.86 796,020.27 OXXO OXOX 12 5.194.29 e,+8,a0,l9 t 3,858.79 7,111.33 OX00 24 10298.15 11,016.58 1 I Sul-e8 47 16,906.16 27,492-11 OOXX 9 20619,43 4,606.04 00x0 7 693.74 1,148-83 SUE-87 12 3,319.17 50754.67 OOOX 44 13,072.26 160907.64 TOTAL 928 561,058.47 956074.95 l ~ a F ' a I S I 09/07/90 1 CLIP OF DEMON S REAL PROPERTY SEPTEMLO 1990 rt 1969 1966 1967 1966 6 PRIOR RASE TAX LASE • P61 RASE TAX BASE • P61 BASE TAX BASE 4 P61 BASE TAA BASE s P61 Xxxx 138 22, 569. Be 31,1!16.06 21,359.34 32,423.48 21,526.01 35,650.42 59,495.60 124,100.60 XXAQ 68 13,497.10 16,626.02 12,762.90 19,358.93 10,750.90 17, 603. SO 0.00 0.00 XXOX 2 226.04 326.14 226.30 343.52 0.00 0.00 454.61 926.06 Me 140 62.766.90 49.618.87 63,159.13 95.875.61 0.00 0.00 0.00 0.00 xoxx 2 270.69 373.%8 0.00 0.00 369.46 611.92 2%.27 631.50 1 C-1 X0x0 1 31.29 42.16 0.00 0.00 30.00 49.68 0.00 0.00 XOOX 2 123.66 170.50 0.00 0.00 0.00 0.00 122.10 226.79 A000 462 239.720.49 330.614.71 0.00 0-00 0.00 0.00 0.00 0.00 WA-09 625 339,216.01 466,116.16 97,491.66 148,001.54 32.678.37 54,115.42 60.368.44 125.765.15 i OXXX 2 0.00 0.00 26.04 39.53 149.29 247.12 279.70 599.22 ORAO 9 0.00 0 UO 2,567.02 3,927.07 2,707.27 4,463,22 0.00 .11,00 OXO11 12 0.00 0.00 1.S93.44 2.418.94 0-00 0.00 2,265.31 4,696.49 OX00 24 0.00 0.00 7,296.15 11.076.58 0.00 0.00 0.00 0.00 I i SUR-p 47 0.00 0.00 11 .M.45 17,464.02 2,656.60 4,730.34 2,54S.01 5,297.81 1 t COAX 5 0.00 0.00 0.00 0.00 1.267.66 2.622.69 1,227.57 2.A73.36 00X0 7 0.00 0.00 0.00 0.00 623.74 1.148.93 0.00 0.00 SYRi7 12 0.00 0.00 0.00 0.00 1,961.60 3,261.52 1,]]7.57 2,473.35 0068 44 0.00 0.00 0.00 0.00 0.00 0.00 12.072.26 26.907.64 TOIAL 926 779,216.01 468.118.16 109.002.21 165,465.56 37,616.47 62,127.28 77,323.66 160.463.96 i k i IqifWA~atF:w14'.Ans4~CA+lK1b7U't.•r%~tR1 ref, *.:t~.5,. v.a• ;:a., i. n; , i. n. sx x. ..r.... ~ -as I t 09/01/90 A CITY OF OENTON ) 1 PERSONAL PROPERTY SEPTEMNER 1490 3 COUNT RASE TAX LASE + Pit XXXX 39 28,095.05 490563.90 XXXO 32 110194,03 26,292.69 c: Xxax 3 1,639 17 2,631.44 XX00 61 171,872.75 247,651.45 XOxx 1 33,48 36.47 J XOXO 3 11691.36 20489.76 XOOX 3 10214.49 2,003,33 X000 148 42,407.40 58,912.27 Sub-89 290 264,147.93 389417.33 1 Oxxx 20 11289.46 120937.42 OXXO 29 21.583 91 43 714-07 OXOX 3 11494,71 20615.45 OXOO 47 10072.44 10,735.95 Suo-89 H 43,442.59 690962,89 coax 44 M033.28 98088239 00X0 33 7461.49 12,190.60 su147 77 408394.71 716073429 OOOX 734 144,883 39 3140106.71 TOTAL 11220 492468.67 844,360,21 J a , I 1 3 r i s 09/07/90 CIIY Of DEMON 1 , Pf RSOIHL PROPERTY SEPTTIBER 1994 loss, 19" 1947 19" i PRIOR . BASE TAX EASE 4 MI BASE TAX BASE ♦ P61 BASE TAX BASF 4 P61 SASE TAX EASE t P61 XXXX 39 6.305.06 7.3!1.09 4.496.21 6,613.93 4.661.62 7.563.95 13.733.01 27.664 : "m 32 4,911.76 6.776.16 6.978.06 9.074.75 6.301: 10.1 039. " .00 653.00 1.060.67 AM 3 664.16 764.61 631.41 606.K 0.47 0.00 ' 00, XX06 6' 66.034.46 131.913.73 75.A".39 115.130. 8.00 13.0 16.53 30.16 tr WAR 6,K 611.25 7 Is 0.00 0 663.16 931.66 0.00 0.00 i AND 3 1,12B.40 1,567.16 0.00.00 j 3 60.76 760.74 0.00 0.00 0.00 0.00 416.71 1.2110..61 AM 56.621.17 0.00 0.00 0.00 0.00 0.00 low 116 42,107.10 61 51i 69 310, 150.906.76 206,150.14 ".663.13 131.843.09 11.127.16 16.939.95 14.951.74 30.164.14 OIUIX 6.643.21 1.494.40 1,790.22 1.941.60 3.666.03 7,474.42 I Own 3 19 20 00O 00.00 .00 000...0o00 13. 00 736.64 1. 13,7w.77 11.7M.47 0.00 627.11 21.1319".15 i0 0.00 0.00 756.13 I. 394.20 j i p200 17 0.00 0.00 7.071.41 10.736.36 0.00 000 0400 0.00 SUN-" 1g 0.00 0.00 13.291.43 35.311.20 16.543.99 15,742.07 1,612.16 6.672.62 I OUR 44 0.00 0.00 0.00 0.00 11.696.19 21.029.64 20.334.09 37.650. 1 00X0 33 0.00 0.00 0.00 0.00 7.361.49 12,lweo 0.00 9A61-67 71 0.00 0.00 0.00 0.00 20.060.66 33.220.44 20.394.09 37,662.66 'i 0.00 0.00 0.00 0.00 0.00 0.00 144."3.39 314.106.77 ODOR 754 TOTAL 1120 150,906.76 206,250.14 110.134.66 167,164.29 47,016.95 77,909.46 1",781.38 361.016.36 j +I { r r.s>,•~v,~.X~r,J.~.&•:1~i1.r'r.kdre.F4'i~a='iw,:->r.w,:w+.M.:w4i.wh.a.:~iwwuh+Ma.scu..na.rd-.«.,,........-..~--...r A~UM~WtP~JY~i~i~K~'K'11d'~.:~rF {ai~3 a `~n k iv..Y.a .n: r b'+v N. Jti•N1WV1a'J~~t~YkM~RMK~MiIN&'~Y,dfi~v 1 09/07/90- CITY OF 0[NTON ALL ACCOUNTS SEATBMBER 1990 E COUNT BASE TAX BASE t P61 xxxx 177 1538067.76 272,884.66 xxxo 90 $4.194.93 820081.14 xxox S 2,556.18 40232.76 r, xx00 201 297 198.77 4300145,43 xoxx 3 964,90 1,513 35 xoxo 4 10752.85 2,582.62 x00x 2,400.64 x000 630 2821121,28 389.336.98 Sul-89 11115 793.908.81 108S,231,60 Oxxx 22 7,744-4) 131823.39 OxxO 38 320880.20 521184.36 OxOx 15 50353.52 91632.78 oxoo 71 14070-59 21,8!,4.53 SUB-88 146 60,348.74 97,455.06 OOXX 49 394658.71 630468.73 00x0 40 8.055.23 130339.43 Sul41 89 430113.94 76,628.16 o04x 798 1570955.65 341,014.41 TOTAL 21146 11055,937.14 111000535623 t 1 Y jj , A 09/07/90 CITY OF DENTON ILL ACCOUNTS 1 i SLP7E161fq 1990 I I9" 19" 1967 1966 6 MOTOR ~i BASE TAX BASE t P61 BASE TA6 VASE # M BASE TAX BASE 4 A61 BASE TAX BASE ♦ P01 'f XXXx 177 27,674.64 36,467.17 25.854.66 39,247.41 26.099.63 43.201.07 73,226.61 151,9".73 MCI 90 16,406.66 26,404.26 18,730.96 26,433.66 17,065.10 29,243.16 0.00 0,00 Ca. XXOX 5 790.32 1,060." 757.72 1,150.31 0.00 0.00 1,008.14 1,991-89 i XA00 201 198.791.36 211,132.10 139,007.41 241,013.33 0.00 0,00 0.00 0.00 MAX 3 2".35 366.51 0.00 0.00 377.76 625.56 312.79 662.28 %0110 4 1.1"." 1.600.36 0.00 0.00 593.16 962.26 0.00 0.00 XOOx 5 6".30 951.24 0.00 0.00 0.00 0.00 770.84 1,449.40 i xam 630 282.1".28 369.336.96 0.00 0.00 0.00 0.00 0.00 0.00 I Sam .62 1116 490.121.79 676,3" .30 161,350.79 279,844.63 44.115.65 73,066.37 76,320.66 156.969.30 F Oxxx 22 0.00 0.00 1.169.25 2.523.93 1,999.45 3,211.79 4.136.73 8.077.74 I 1 ixx0 30 0.00 0.00 16.414.16 24,916.61 16.4" .04 27,267.69 0.00 0.00 3 0. ox I6 0.00 0.00 2.332.08 3.540.09 0.00 0.00 2,021.44 6.099,69 1 !i 3x00 71 0.00 0.00 14.370.59 21.614.53 0.00 0.00 0.00 0.06 Su8-04 146 0.00 0.00 34.766.08 52,606.32 16.405.49 30,479.41 7.157.17 14.110.43 WAX 49 0.00 0.00 0.00 0.00 13,967.05 23,162.53 21,671.66 40.326.20 (MM 40 0.00 0.00 0.00 0.00 6,055.23 13.339.43 0.00 0.00 i 511.117 n 0.00 0.00 0.00 0.00 22.042.26 36.501.96 21.671.66 40.326.20 { BOOA 790 0.00 0.00 0.00 0.00 0.00 0.00 151.95S.65 341.014.41 { TOTAL 21" 490.191.79 676.3".30 219,136.87 332,649.85 84.563.42 140,036.74 262,105.06 551.480.34 1 i jf 1 i alY..: i.:J•~ fin.. . y:, ..'.j s'..: i.:......! u ueh..uu.. w: ~~4'1. 4l..Y.:.. M.bl. • Y 1 CITY of urmrom, MXAS MUNICIPAL BUILDING / 215 E. McKINNEY / DEMON, 7EKAs 76201 1 MEMORANDUM r Mayor and Members of the City Council ,TTV: Lloyd Farrell, City Manager 1 ! FRCT a"1: R. E. Nelson, Executive Director of Utilities DATE: 'larch 29, 1991 SUBJECT: SOLID WASTE MWGEMENIT SERVICE fXNTpACT WITH i "ASTE MANAGEMENT OF TEXAS SOLID F.ASTE SYSTEM) (SALE OF CC14 RCIAL Attached is the latest and, we believe, the final draft of the subject contract. During the negotiations of this contract and the proposed transfer station contract, it was agreed not to link the two contracts. The trersfer station contract is still under negotiations but a signifi- cant change has occurred wherein %NT has agreed in rinci not to require all commercial solid waste to be delivered to the etransfer station upon its estimated completion in 1993 or 1994. Residential solid waste would still be required to be delivered to the transfer station and any commercial solid waste that resulted from a franchise the City might extend to a commercial hauler in the future. It is anticipated that the t;an;fer static., agreement will be available for a Council review on April 16. The purpose of this memo is to describe the main issues in the contract and to review the City's Ccnmeercial Solid Waste business and the effect of the sale on Denton's solii waste operation, 1. MAIN ISSLIES A. WMT will pay the ;'it System trucks, dumpsters~9anda0forotheh customer list Ard i j 3 3 i r IA2/C32991047/1 817/566.8200 D/Fl0 METRO ♦?I-2524 Py+{y EO1ID WASTE !VVNAGDIE\T SFPY1CE Co\~RACT ~ Xarch 29, 1991 Page 2 assigrr`.ent of Pxisting customer contracts on that list at time of closing. R. MKI agrees not to raise rates to the commercial customers for 90 days after INMi takes over the custcnersI provided enton j lid waste Dr does not landfillu at Denton's(posted gate herate. C. The City agrees not to compete in the commercial solid } waste collection business for five (5) years. D, %14T agrees to hire Denton's solid waste employees male yesame es (ratef of a a period of at least six (6) months, a pav, with the sane benefits available to VtiNT employees, but uch with credit given for longevity acquire~taVldedon for such each benefits as annual vr.cation -hours, emplovee must pass h.Kfr standard pre-employment physical and drug screening tests. E. . Denton will conduct its solid waste collection business in its traditional manner until closing, to preserve the operations, Jeep the employees, and preserve rPtationships with the existing commercial customers. F. 3:000 P, Establishes wbereby o YK brill take Aover all operations immediately. it. CITY'S CCt6IERCIAi. SOLID WASTE BUSINESS J Attached is the Comt.erci.al Solid waste pro forum from the staff's Scenario I8 document of Reference Materials provided to 1 Council on February 5, 1991. The City presently believes it provides approximately 60-701 of the commercial solid waste collection service in the City of Denton. As of October 1, it had 19060 ccrtnialiversit has added a significant F,cccunt ($139,000/year), the ln y of North Texas, since that date. The customers, n tbgicvards collected, the revenues, operating expenses for 1989 and 1990 plus anticipated for 1991 is listed below: 1 z r :k i IA2/032991047/2 SOLID WASTE MWNAGEM'FAT SERVICE CONTRACT March 29, 1991 Page 3 i 1989 1990 1991 Customers 14,629 13,802 12,720 Cubic Yards 191,295 1799252 182,030 Revenues $ 19313 3 10386 $ 10470 Operating fepensPr IM 79S 898 Landfill Fees 430 SSS S46 Total Eq)enses T783 7;35a T,P-M Set Gain 30 72 74 Notes: - All Dollar Amounts are Thousands of Dollars. Allocated Landfill Fees were based on $2.25/yd - 19890 53,10/yd - 1990, and $3.00/yd - 1991, I - Purchase of vehicle, is done via "Lease Purchase - Certificates of Obligation Financing" over 3 year payment terms and Lease Purchase Paymert.-t sire included In expenses. University I North Texas $139,000 contract is not included in Revenues for 1991. No additional t equipment was needed for this contract. Additional expense is one laborer (320,000/year), fuel/maintenance $10,000, lPndfill fees of $609000, miscellaneous $10,000. The commercial vehicles that are to be sold consist of eight (8) trucks as follows: 1 - front end load vehicle 4 - side load vehicle 2 - large "roll off" hauling vehicles 1 - old 3/4 ton pickup The City is retaining one "roll off" vehicle to cor.t.nite trans- E porting the recycle material, and possible sewer sludge in the future, one front end loader for the newspaper recycling dumpsters, one bob tail rear hoist dumpster hauling truck as a backk up for the newspaper recycling truck and one foreman's y pickup that is one year old. 9 : 1A2/03299?04/3 a A• ..Ybl'd 8y SOLID WASTE , 1V,GI7 TN'T SERVICE CONTRACT I r'arch 29, 1991 ` rcgp Q fCi i 1 The three bidders c or the system had estimated the valu City s vehicles, d~P stem e 50 the r , :0.i.1 to x400,00(?, The City had estimated r $500 he t 000 t al to .600,000, The vehicles and con Ue a approximately s elling are as listed on E hibit II attachedQinrs the City is i mates the ,new purchase price" of these vehiciesThandscontainers at S1.3 to $1.4 million. The Scenario 98 Pro forma, which assumes the City taking over all commercial solid waste, lists the staff's estimate of the operat ing costs and revenues, It assume, that costs escalate at 9 S1 per year and commercial #S c" 51 per solid waste rates increase at 3,51 I per year through 1096 and 51 per year thereafter and that Denton keeps and expands its landfill (in 19961 and develops a new site in 2003, This Pro forma indicates attractive rofitabilit from 1993 onward. However. if Fssumes teat .enton s an k r emiEi~ at 33.45/cubic rates presently 52,55/cubic yard andd lannedh 199b increase's rates are eater than CPI) and that Denton's landfill egatee goeseto e4t75/cubic 113rd from 1997 through 2003 so as to amortize the S3,S00,_000 development cost over those seven-(7) landfill rate goes to $5.25/cubic yard yinr2004dandastrthe bilDte at 56.25/cubic yard in 2004 in order to Pay fo development cost of a new landfill, amortized rovere20 years0ai 7,51 interest rate, The staff has included modest amounts for additional State and Federal regulations but this is the unkn that poses greatest finarcial risk. II Also attached is the Commercial assumes the City continues *m losel customersSas has been tithe ` situation during the past tiro to three years (14,629 in 1989 and 1.j7.10 n 1991). Even though this scenario only rscumes a 21 per +,Par decline in customer base, minimal profits are expo enced between 1992 and 1995 and losses be in crease dramaticaIl thrru h the en of t e st er o assum in 1996 and r : g tesame type o an :7 increases as was used in Scenar o :18; per year ccmoaerc a rate J III. EFFECT OF SALE ON PENTON'S SOLID WASTE SYSM,,r The Sale of the Commercial Solid Waste Collection System will ' infuse the solid waste system with $109000000, anticipat• ed to set aside these funds It is to retire the debt of the landfill 1 IA2103?99104714 t SOLID WASTE. MANAMMNT -SERVICE CONTRACT March 29, 1991 Page 5 !apprnximately 51,000,000) and the small debt owed on the trucks and containers (approximately $140,000), Ile anticipate nr+u,,g the $1,900,000 sale proceeds to pay off a non-cash $500,000 depreciation reserve debt to the Electric Department, plus establish a fund to pay off vehicle certificates of obligation and invest the remainder in an annuity type fund that would ~ provide approximately $200,000 per year in revenue to the solid waste system. This $200,000 could easily pay off the landfill debt service and there would remain the $500,000 depreciation R reserve fund, which would be available after the landfill closes C' whether that be lA months, 1996 or extended to well into 2000 if significant commercial waste is not brought to the landfill. While we are hopeful that the details; nn the Transfer Station Agreement can be worked out to the City's satisfaction thereby generating approximately $4,1 million in net income by the year 2005 we must consider other options.' As indicated in the memorandum you received in the Agenda packets the next best alternative would involve the scenario fr. which the City sells * the commercial system and directs the commercial waste stream to the Denton landfill at current and future disposal rates. Although this option could cause an increase in Commercial' rates shortly after the sale, it does offer substantially greater protection for stablizing residehtial rates. P.espec ly, arre City Manager R~eI'pn Executive Director of Utilities `i i i i i i lA2/032991047/5 r 1 r tMMltlit Jlllll loll INt0A/ • SINN N 15:17:0 if I low) MIMI KIWI KINI 11 ' )1 it n IT it 11 ff to if of if Law l1I 111 1111 1111 111! 1141 101 INI NN MN Jill Ito i H !IM INl IM M3 loll mi 1 Ilia loll 4tot 110 W 11 11.111 13.W n,JH ll.J/f I" Jf,NI 11,11 kd8 ".Ill H,Iff 71,02 NJSI If,NJ H,111 21,.11 H, N! n.... 11,.11 IC INN 1co 111,71 In,lp 10.411 iN,)It he. Ill Hl,lq flf,lp HI,1N 111,111 10,01 111,111 8J,N1 711,11 711,11 11/1IJ11111Carol t IJ.O 11.0 11,71 11.11 11.17 it II.II 11.11 11 Slim? Ill .11 11,11 It.N 11.11 11.17 II.1) 11,11 JB11.11 1110 .lit 445,10 I lllllllltnl M.il 10.0 111111 11.11 10.11 161.0 Ip,O III.!) 111.11 M." Ill.N 117,44 10.11 IR.II If1.N IIt.H 11,1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 I 1 1 t 1 1 1 1 1 NgIY11 t 1 1 1 1 1 1 1 I 1 1 f tssrlrl/l Im II,LI 11,10 II,UI 11,111 p,Iy7 p N p,41 1 1 t I I + 1 1 1 I k.ll' p,It' It,NI {1111' k,01 k.iSl H,nf 11.18 11,111 21,11. If I 1 1 1 I I IS ' 1 1 1 I I 1 1 41 1 1 1 1 1 1 1 1 1 N 1 1 j I di: SNtlla •21111 all 11,!17 SUN 11,111 11.I64 11,15! p,INI p,ip p,Sl! k,fN 111111 U. 1N U.131 N,IH 0,78 14,614 17 I IcNN IM 1 N 11 1 If M J 1 1 II ! IF 1 1 I 1 I ~ I 1 1 1 1 1 1 j 1 1 t~ 1 1 1 . 1 If Ilia §111114111111 . I 1 1 I 1 H !1114114011 was Jim 11,111 0,212 1!,111 k,7M U,461 p,lll p,11I 0101 11,711 61,NI p,111 11,IIf V. Sue Sum ISAJS I{ 1111111 IJN tSSi f U Ia1Nu M 44!1 HIS 11 n $1111 1 lots v at 01 WI UN "IS wS INS 101 Sun 11,161 11,111 11,171 It tsnlefl I 11 In IN 111 10 Ili 744 tit in IN IN III 11 I1 1!) 144 ly1 k in N 111 IN 447 US 11 IN N IN 11 1% tit 10 Hl its 4" H Islsr/w !f If IS It it N If all 78 !p In !q Ill HI Jet 1 1 1 f 11 IN INI I 1 1 1 1 H 71 8 8 8 N 17 0 11 ti We Insllsrs N 11 1 I I 1, ! 1 l l ll 1 11 N II Il 11 H YN lualstl11 I Ir N 111 144 Its 10 IN lit 111 Ill IN In ' J0 HI 111 11u11til tomato 111 !sf HI 441 NS~ 441 oil I 1 I 1 I 1 I NO 1,11) 1,1SI I,NI 1.11 1,441 1,111 1.665 1 H 1110 tU[ISfI Use Sim 11.0 k,14/ St. 124 .0111, .I...1.111 i i k,1J1 p,lq p ,IN k,N1 p,llJ It,Nt 11.161 U.131 woJ p, ...711 1 71111 one Ito IN 447 111 110 un col W N 111 om Illtlp kN WI 101 INS 1111 Ila H11 ykH Son • Nw O.IKl • Ill$ II IiN/ Issetl N Ill 111 Ill !IS Jul is 11 Plot Is111q 1 1 1 1 1 1 I IH It! its in 1; to In Ise In N like home 1 1 1 1 i 1 1 1 I I 1 1 I I r IS IN M In !ran I 1 1 1 1 1 1 1 1 1 1 I I h it INr Is SlwllN 211 ; ` ; ; I 1~ 1 1 I 1 1 1 / 61 II 1 1 1 1 1 1 11 1 I 1 1 . H Ill so via 111 N 111 111 115 ..111 ...0..1 UI IN In its 71 . in 1 1 1 In a I # In IN r If Ilf 416148 1101111 19P HA IM IH It,lll i1,JN 11,111 tf,lf! Il,IH 11,10' p,ln 11,110 p,fN p,10 II,N7 ~p,11L IJ,JN U ill IJ,{N II,IH KIN 111111 2!1118 Wall 111t1t l11'.rs $lltlt Issm 111211 hull 111111 sleets tit 132181 141811 121111 uul$ $18211 ~ It Ht !00111411 18 117 ell 151 0162 1130 Iual$ 11ur1 tun! 111111 11-11. min 1ulii atolls trials $.-IM 111411 wits 11111 till 1:1121 atolls alkali II IfMUI ING 14 Nil 1111 11.111 is oil -h oil J,In 1,111 I.S1 I. IN J.111 ; 5.01 S, lot I,NI 1,141 f.IN 1.11 14 NJ 1.141 ~ IbDw;va:IM..AUG.a.~..wryuM.nx:rtpYrAeswii.*r~~xtb.d enn.mr~iw':r.Mxawireiulr`u..r u.,.:,1 .,..x ,...'..n., 61 ...:..:;..v-n, s.~ ~.:rv.W._ a..r~.;.08~~..w.w,!..ro.s_~,,.,.s.....wr sx::nw,......w,:rw.yo,g1 I <a S EXHIBIT II PACE 1 ~ COMMERCIAL SOLID WASTE VEHICLES TO BE SOLD RIG t EMIS DESCRIPTION 7026 8587 82 FORD PROM' LOAD 2012 8653 86 FORD SIDE LOAD 4w 2010 8652 86 FORD SIDE LOAD 2030 8947 89 PETMILT SIDE LOAD 2007 8504 84 PETEASILT ROLL-OFF 2006 42901 83 hWX ROLL•OPF 1695 0436 83 DODGE 3/4 TON PICKUP NOT YET DELIVERED 90 FORD SIDE LOAD (PAKMOR BODY) i ii i 1W2/080990005 I 1 d'' t , 4. 1 EXHIBIT II / PACE 2 i j DLWSTERS ON YARD CITY TO KEEP TOTAL FOR SALE t 3 Cubic Yard Side Loaders is 0 19 4 Cubic Yard Side Loaders S 0 S 3 Cubic Yard Front Loaders g 0 9 r f I 1 ~ I EXHIBIT It / PACE 3 SLWARY OF CONTAINERS/EQUIPMENT 'r SIDE LOADERS CITY TO KEEP TOTAL FOR SAU 2 Cubic Yard Containers 254 3 Cubic Yard Containers 684 0 254 4 Cubic Yard Ccntalners 0 684 92 0 92 GE. FRONT LOADlRS f 3 Cubic Yard Containers 13 6 Cubic Yard Containers 8 6 8 Cubic Yard Containers 61 0 9 10 51 C" ACTORS 12 Cubic Yard 15 Cubic Yard Containers 5 1 0 S 20 Cubic Yard Containers 0 1 25 Cubic Yard Containers 2 0 2 f 30 Cubic Yard Containers 5 0 5 42 Cubic Yard Containers 6 0 6 12 p 12 OPEN TOPS C 15 Cubic Yard Doan Tops 1 30 Cubic Yard Open Tops 23 0 1 40 Cubic Yard Open Tops 10 0 12 2 COMACTORS IN YARD 12 Cubic Yard Compactors 2 20 Cubic Yard Compactors 2 0 42 Cubic Yard Compactors 2 2 0 - 2 2 0 RECYCI1N6 CMAl~RS 8 Cubic Yard Front ILL Loaders 16 16 1 0 ~ i 1 p lw2/110290042/1 1 ~I 1 1 r "m set 1 0 ' IMMorla1 into ;;If MIfM61~{IIIW 41A7 11:12;41 II l iol ul-ll•11 Wallis 1 f K1IK KIWI (1 If 11 11 If 11 11 If 11 11 If 11 11 14 11 lies It" till fill 1111 1114 IM 6411 fill 1111 1111 2011 201 2107 2111 it 14 HIS I low /Mown cYS141tis 14.121 will 11,271 11.111 11,111 11.1)1 11,111 11.641 11,211 11.111 11,121 IO.11S 10.111 11,111 1,112 1,112 I.SII I I Cubic lath ONbcIN 111,141 IIMSt 111.19 IM,306 114,011 12I,116 111,111 164,141 IN,lfl 114,Ns 111,165 111.112 146,111 HIM) 142,141 18,111 117,111 IWcolic1111Coll 11.64 11.11 14.11 11.11 11.11 JLII 14.11 11.11 14.11 14.11 11,11 11.11 IL11 14.11 11.11 10.11 11.11 I Ilk lilt I ad 11.11 I61•41 111!! 111.11 11111 111 M It 111.11 lot, if i64.It ISl Sl 411 if Ili IS 111 to 01.14 11 114 711 it ! 1 1 1 1 t 1 1 1 6 1 1 1 1 1 1 1 1 ' 1 ► 1 1 1 1 1 1 1 1 1 1 1 1 1 4 1 1 1tYi►IIS 1 ("Iml 1111 11.111 11,116 11,111 11,111 11,512 11.114 ILSSI 11,114 11,101 11,64) 11.111 11,114 21.114 11,111 11.401 11,151 12.111 1 4 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 4 l 1 1 1 1 1 1 1 1 1 I 1 1 4 1 1 I 1 10 1 1 1 1 1 1 6 1 4 . i 1 1 1 1 I 1 II 841/411 cost 110 11.111 0,264 WIN 0.01 11.512 11 sit 0,S16 11.06 11.04 11,111 11315 11.114 11.1t1 ILIN 11,106 1015 11,111 i 121ic10s0111 1 21 11 01 41 49 11 I l 1 1 1 1 1 6 1 1 Il 1 1 1 1 1 1 1 I I 6 I 1 1 1 1 1 1 If 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 1 1.... C U IS Will 1614YIIS 11,111 (Lilt 11,116 11,111 11,!11 11.511 Will 111sll 11.01 11,601 111.81 0.141 11.81 11,110 .,161 11,151 11,112 1µ•l I N ullrllwl! ~1 16 latlllt 1471 Ill! {III 1111 1111 Im ISIS ON 1411 I664 Ills Ulf 1171 fill list Will 11.114 t 11$ Iles 41 11 Is fl H 11 N It to It It 11 of IN Ill IM Us it II NI11#110co its 116 154 Its Its Ill 642 214 114 MI M1 211 Us !S1 all lot ql r It Ntr1111 Ill 64 IN IA 11 11 14 If 11 its Ill Ill Ill 141 III Ill lls 1 If lmt11c1 11 11 II 11 21 It Il if )1 21 11 11 11 II It 41 44 111tlllf 1 4 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 it IN NN 1 t 1 1 6 1 1 1 1 t 1 .1 1 1 1 1 1 I 21 VIII Ifilsllis ss H 11 it 8 41 IF If 11 11 '106 101 Id 121 IN 1st Ilf 151 t 14 11111 Itl/IIMt cc I I I 1 I I 1 I 1 I 1 1 1 1 1 1 1 IS Imm441It06u1 111 0t 446 W Sit 121 111 141 bit 111 64l all 1641 ass 11{ 641 111 21101a1I10i1{II t.. 1 11.211 1 AD 61.111 11,111 11.111 If. 2 11.111 ILlll 1,111 11,11! 11,121 11,104 11 .IN 11,111 12. 11 11,111 U.251 I, 21oil till IM 121 NJ 1115 Oil$ hit 0171 ISO it 111521 111061 11RII 111121 100641 114M (1114 10111 111441 to 106 IH loss i1111N M 11111 As" Is 14 111 III Ili M Of ISO 171 122 111 121 UI 121 IN Its 171 126 M 6161 11tlicl 1 1 4 1 1 1 1 1 4 1 1 1 1 1 1 1 1 I to $tell lgwll 1 1 1 1 1 1 I I 1 1 I I I I I I 1 (I lot 16 cot 11111 4 1 1 l 1 1 1 I 1 1 1 1 1 1 1 1 1 II loaf 16illties 141 of 1 4 1 1 1 1 1 1 t 1 1 1 I 1 1 1 11 1 1 1 1 1 1 1 1 4 1 1 1 1 1 1 1 1 11101 Iw still l11 II III III 111 IIS UI ISI in 17! itl 111 121 ill IM IM 111 lf6 1f 101 MII1164 we 271 11,21) II,1N 11.111 (1,164 14,111 11.414 if,I5 I 11,111 II,ttI 64,111 if.4N 0!,111 11.124 if, 1I{ 11,111 if. {IS if,lll 053911 11:717 MM 111511 $:t911 Will 113111 111111 111111 little 911111• $still Milt 191918 stlrel Illnl 951111 h Nil INIMMISSl IN 641 (11 Its (Ill 1st 11 (1111 111111 111111 111111 12!111 mill 111641 1111!1 0011 (11111 441511 111111 t1111t 3:1118 1:1111 11:111 144:1! 3:1111 Mill Mill 11111 Lima little 111111 1111t1 Stella 441111 It llltlal 100 141111111 11.141 IS Oil 1.106 1.lot 1.501 l.IOt Isss 1•!11 s.06t I.Ni S.10t smi. s.Nt smi l.Nt 1,01' 1 ; ~ l I I I 1 1 r 1 .v .c ..n C1LnLKS~Mrr hEAN $ SMILEY P.2 Bickerstaf£ Heath & Smiley 6 Aaa1A/ u/wTN• WMAY 0 44Ki r• W JAQNN Q1NNa $UlTg 1100 VARNA 1. 1.wA/ 1/r.l. W .4.. w /.0... to 9400 J 9AAA7!VYly46 q rMa.IM Y AOIIAN• avN1Aw 1AOaw.ll...N .1 .AqA. AYITI N, T1.al TN01rG!! .r.N GMA/d MMN M/.pY lA.Nr G.MvN 0 .Pr*1 , A WG MuOgq rLa Ll011 oG. .1► W460M9, owls 41 a.Xar, T ILtwM GNLV/ 1 ti11tr11!! <M 0^44r11 uh"1A 14 G/ boom r.1AMAG YGG.1i1 ~ w Ww../Y lNNr1/ L ANIGNr NO kit" G. l1NR NO" +401. A. wraY.lr. "r ► 1w" va"" /0On MY1/G. March 30, 1991 A.rM10N0 .rNNNA/6444 it 11AA!! Y 20A140 •w..r on.rr. A..ANA WA N,._ VIA FAUZMILB Mr. Bob Nelson 4 Director of utilities I City of Denton At' solid waste Management Service Contract Dear Mr. Nelsoni This letter transmits the Solid Waste Management service' Contract between the City and Waste Management. The document incorporates the revisions which the parties discussed on Friday, March 291 19911 however, Waste Management has not had an opportunity to review and comment on the revisions. This morning Michael Gillman called and asked as to communicate the following concerns regarding the covenant-not-to- compete provision. Mr. Gillman explained that while the City has not to City ma grantdan exclusivee franchise to a private W leryotherl thhanbWaste management. I have not agreed to any additional language since we have not had an opportunity to discuss these matters with you and we understood that all substantive issues were resolved as of the conclusion of our negotiations yesterday. 3 1 Very truly yours, William D. augat, III WDDiklk i cot Debra Drsyovitch VIA PAX Michael Gillman VIA PAX OrWsg lanyalas VIA PAX Miakey Pcod VIA FAX i i t •4 f d ~ 'DMILEY P. 2 aid y aexvzCZ CONT OT This Solid waste management Service Contract (the "Contract") ' is made this day of _ , 1991 by and among waste ' i Management of Texas, Inc., a Texas corporation (the "Purchaser"), City of Denton, Texas, a Texas home rule city (the "city or Seller"). Pursuant to $167.117 of the Texas Health and Safety Code, a city may contract with a person to aril all or any part of a solid waits management system. The City desires to sell, transfer'and assign to the Purchaser and the Purchaser desires to purchase from the City certain City equipment and accounts associated with the commercial and industrial solid waste collection operations of the City, all as hereinafter provided. Aar~ea_t~ in consideration of the premises and the mutual representations, warranties and covenants and subject to the conditions heroin contained, the parties agree as followst 14 zuskil& dale of Assets and e` s, a J >leetiea 1. i Zftsebared sera The city agrees to and will sell, transfer, assign and deliver to the Purchaser at the Closing (as hereinafter defined), free and clear of all liens, claims and encumbrances, certain assets of the City as they exist at the Time of Closing (as hereinafter defined), which assets are i J J 1 I i I t r' ± ] ~a as ntn~iHrr HGHIH S SMILEY P.3 hereinafter collectively referred to as the "Purchased Assets" and shall include the followings (a) all trucks, containers and other fixed assets owned by the City, as identified on Exhibit 1.1(a) along with certificates of title, vehicle maintenance records and copies of s customer contractel (b) all right, title and interest in the commercial and industrial contract and non-contract customer accounts, and other rights to provide services to the commercial, and industrial z customers of the City which exist at the Time of Closing, as identified on Exhibit 1.1(b) (the "Commercial Customer Accounts List") not including the Cityts commercial solid waste collection service contract with the University of North Masi (o) the assignment of manufacturer warranties on I purchased assets, if any, if such warranties are assignable) and (d) any and all goodwill related to the foregoing, aeatten 1.2 lurehase Priaet IS32M t. (a) The Purchaser { agrees, subject to the terms, conditions and limitations set forth t in this Contracts E (1) to pay to the City the total sum of $1,900,000 j for the Purchased Assets and agreements contained hsiAn (the "Purchase Mice")1 (2) to pay any transfer, salsa or other taxes, fees or levies including motor vehicle sales taxes, title, license, registration and transfer fees arising out of the sale of the Purchased Assets pursuant hereto. arw1.1/ -2- S ~ 1 ~ r rwR ?J 191 11142 BICKERSTAPF HEATH I SMILEY P,4 (b) The city will pay and perform obligations under its existing loans or other forms of indebtsdnM3a (certificates of 1 obligation) identified in Exhibit 1.2(b) (City►s Indebtedness)A Aeation iw6j E=eluded Liabilities, Anything to the contrary in section 1.2 notwithstanding, Purchaser shall have no responsibility whatsoever with respect to the following liabilities, contracts, commitments and other obligations of the City (the "Excluded Liabilities")s (a) any obligations or liabilities of the City arising under this Contracts (b) any obligations of the City for federal, state or local income tax liability (including interest and penalties) s arising from the operations of the City up to the Time of Closing or arising out of the sale by the City.of or otherwise relating to the Purchased Assets pursuant heretoA (o) any obligation of the City for expenses incurred in connection with the sale of the Purchased Assets pursuant hereto; (d) any obligations of the City identified in Exhibit 1.2(b); or (e) any other liability or obligation of the City I existing as of the Time of Closing. asnties 1.4 visa sag Place of this ol2migg, The Closing of the sale of the Purchased Assets (the "Closing") shall take place at the officas of the City at 3100 p.m., local tide, on April 30, 1991 (the "'Time of Closing"); provided, however, that if any of the conditions precedent set forth in section a of this Contract have F VWHLM L i s 4 'F9 L { va ~v :l 1++ a1 nLh~in~~ nEATH I SMILEY P.5 I ' 1~I not been satisfied or waived by said date, then the Closing shall take place on a subsequent date within thirty days from the Time of 7 Closing. Before the expiration of the thirty day petsiod sat forth l' above, the parties may, by mutual writtan agrsament, extend the j date for Closing. f" section 1.8 Frecednre at the Closing. At the Closing, the following actions will be taken by the parties and the completion of each nation shall be a further condition to the Closings C"~ (a) the City shall deliver to the Purchaser, in form satisfactory to the Purchaser, bill of sale for the Purchased Assets, certificates of title, and assignment of customer accounts, copies of customer contraots, and vehicle maintenance records 1 and' (b) the Purchaser shall deliver to the city by wire transfer or cashier"s check in the amount of $1,900,000. 31 anrementatiens and warrant as of the City, The City makes the following representations, warranties and covenantss HOURS !-f Qrstanisatioa, sorer and ,utherity. The city is a home-rule city duly organized and legally existing under the laws of the State of Texas and has full corporate power and authority, subject to city charter provision (but the City represents that as of the Time of Closing, City Charter provisions have been satisfied), (a) to own or lease its properties and to carry an its i business as it is now being conducted; (b) to enter into this Contract and to sell, convoy, assign, transfer and deliver tho Purchased Assets to the Purchaser as provided herein, and (c) to r,rw6N -4- f r 1 S i "HR W '91 11!44 S:CKER17AFF HEATH ; SnILEY ' P.6 carry out the other tranaaetiona and agreements contemplated hereby. 1 action 2.2 4vnershie e! 1+Lrehrsad ~►aseu. The City has good i and marketable title to in, all of the Purchased Assets, free and clear of all title defects, liens, claims or other encumbrances of any kind or character. ~ati~Oa iQ~, Except as set forth in Exhibit 2.11 c' there are no orders, decrees, judgments or stipulations currently in effect issued by any local, state or federal judicial or gg quasi- t judicial authority in any proceeding to which the City is or was a party or by which the City is bound relating to the City#s s commercial and industrial solid waste operations or the Purchased F 1 Assets, The self insurance coverages of the City are adequate in character and amount to pay all liabilities relating to the matters described in Exhibit 2.3. 8eatea,? . ~ QMU aial CLSl-aer Amount List The commercial Customer Account List identified in Exhibit 1.1(b) is accurate and 9 complete as of the Time of Closing in all material respects and f there are no material matters as to which appropriate entries have not been made. The City ham not terminated its contracts with J customers with whoa the City has written contracts and has not received notice that such customers have terminated their e contraotes The City will furnish to Purchaser at the Time of Closing a list of all customers whose accounts are more than sixty days past due. i a r I ' ~rF HEATH & SMILE 'I P,7 seotioa 2.s o Exempt as identified in , Exhibit 2.3, the City has not received notification of any past or present failure by the City to comply with any lawn, regulations, 1 permits, franchises, licenses or orders applicable to its commercial and industrial solid waste operations or the Purchased Assets, without limiting the generality of the foregoing, except r as identified in Exhibit 2.3, the City has not received any notification (including requests for information directed to the E s city) from any governmental agency asserting that City is or may be f a "potentially responsible person" for a remedial action at a waste 1 storage, treatment or disposal facility, pursuant to the provisions of Comprehensive Environmental Response, Compensation and Liability Act, or any similar federal or state statute assigning responsibility for the costs of investigating or remsdiating releases of contaminants into the environment. secti_ oT n,s_d ~ieyes ,t a set forth on Exhibit 2.6 is a complete and accurate list of the name, residence address, years of service, present position, and rate of compensation of each of cityls currant employees who are employed in City's commercial solid waste collection operations. To the best knowledge of the City, such employees will be available to be hired as employees of the Purchaser, ,eetles 2;7 Dns Utaorisatienj .._d•-= Obligatiand The execution, delivery and performance of this contract and each of the other agreements contemplated hereby and the consummation of the transactions contemplated hereby have been duly authorised by ~wa1.1r _6~ i I 1 ~ ~u ,.•»v WAKLPIaiPF HEAN } SMILEY P,9 all necessary legal action of the city. This Contract has been 1 duly executed and delivered by the City and is a valid and binding obligation of the City subject to applicable City charter provisions (but the City represents that as of the Time of Closing, i City charter provisions have been satisfied), enforceable in accordance with its terms. Neither the execution and delivery of this Contract nor the consummation of the transactions contemplated hereby wills (a) conflict with or violate any provision of the City's charter or of any law, ordinance or regulation or any dsorse i or order of any court or administrative or other governmental body which is either applicable to, binding upon or enforceable against 3 the Cityj (b) result in any breach of or default under any mortgage, contract, agreament, indenture, will, trust or other instrument which is aither binding upon or enforceable against the ) r City or the purchased Assetsj or (e) impair or in any way limit any governmental or official Iicanse, approval, permit or authorisation of the City, 8eatie,p„j,8 Custom of jW #jA"* The City has j previously 1 furnished the Purchaser with a true and complete copy of each agreement, caatraet or other doaumsnt listed on that Exhibits hereto. Aeatiem 2.e 1 , No i representation, statement or information made or furnished by the City to the Purchaser, in this Contract or in the various Exhibits 1 to this Contract, contains or shall contain any untrue statement of 1 r„r,.l ll .y., I N .a aa•+i caLnL,+~t1yr~ MLNIH r 5M ILE'r' 9 g 1 , a material fact or omits or shall omit any material fact necessary to make the information not misleading. 3a a The purchaser t2blMo makes the following representations and warrantiast 8eat_ien +~saEien, peter an8 11 ° The Purchaser is a corporation duly organized and validly existinq under the laws of the state of Texas, with lull corporate i power and authority to ' enter into this Contract and perform its obligations hereunder. Seoti~~ The execution, delivery and performance of this Contract and all other agreements contemplated hereb- Y and the consummation of the transactions contemplated hereby have been duly authorized by all fi necessary corporate action on the part of the Purchaser, This ; Contract has been duly executed and delivered by the Purchaser and is a valid and binding obligation of the Purchaser enforceable in accordance with its terms, • t seeti~ e~ i and altar adoption of an ordinance authorizing the execution of I this Contract, and until the Time of Closing, except as otherwise provided b the by prior written consent of the•Furchaaer, the City will have conducted and will conduct its commercial and industrial solid waste collection and operations to the manner in which the r same have traditionally been conducted, and it will use its beat efforts to (a) preserve such operations intact, (b) keep available .g. I 7 P. to ~ IFMMMy to the Purchaser the services of its employees and (c) preserve its relationships with its customers and suppliers. Asat,icd J..1 Access to the Cityps Plants. Properties and Reerds, From and after adoption of an ordinance authorizing the execution and delivery of this contract and until the Time of Closing, the City will afford to the representatives of the Purchaser access, during normal business hours and upon reasonable notice, to the City's premises sufficient to enable the Purchaser y to inspect the Purchased )Assets, and the City will furnish to such i representatives during such period all such information relating to r the foregoing investigation as the Purchaser may reasonably 10 request. section a.$ hiabi I&I for unanoss, The City Will pay all expenses incurred by the City, in connection with the negotiation, execution and performance of this Contract, whether or not the transactions contemplated hereby are consummated, including the fees and expenses of agents, representatives, accountants and counsel for the City. ■eation 4 6a ~V~ailisetian. To the extent permitted by law, from and after the Time of Closing, the City agrees to defend, indemnify and hold the purchaser and its affiliates harmless from and against indemnifiable damages of the Purchaser, ror this purpose, "indsw ifiable damages" of the Purchaser means the aggregate of all expenses, losses, costs, deficiencies, liabilities i and damages (including attorneysO fees and court costs) incurred or i suffered by the Purchaser, or any of its affiliates or its YW„1.11 r9r i i 1 i i ,11 ri~ .u :1 ilvd dlt.ncr.~friFh HEATH 5 6MILE1 P r,xnar~ affiliates' directors, agents or employees, as a result of or in connection withs (a) any claim, demand, cause of action, or occurranee, act or omission of the City with respect to the City's 1 commercial and industrial solid waste collection operation including the Purchased Assets, except motor vehicles and equipment, which existed or arose during the City's commercial and industrial solid waste operations and prior to the Time of closing t and which causes damage to the Purchaser or its affiliates acid, a (b) any default in the performance of any of the covenants, warranties or agreements made by the city in this Contract. Section e.s Covenant-Nat-Ta-Conste agreement, The City agrees that for a period of five years from the date of the execution of this Contract, the City will not conduct commercial and industrial solid waste collection activities, The City shall be released from this covenant ifi (i) the Purchaser is in default for failure to provide adequats commercial and industrial solid waste collection services and Purchaser shall fail to cure such default within thirty (30) days after written notice, or if such default cannot be cured within a 30 day period, the Purchaser fails to commence curing such default within the 30 day period and diligently pursue such cures if such default cannot be cured within a 30 days period, the City shall have the right to provide or arrange for commercial and industrial solid waste collection services on a temporary basis pending Purchaser's cure of such j default, Adequate commercial and industrial solid waste collection service is understood to mean the level and quality of industrial a 'r rrrol,M 1C - I r b i 1 A P. 12 ercwre~ ' .,...ncna~r.rr r+cHin s oiillci and solid waste commercial service normally provided in accordance with applicable law to commercial and industrial solid waste customers in Texas cities similarly situated to the City of Denton. This provision does not include solid waste collection activities associated with city disposal of sludge generated from city water j and wastewater facilities and pollution control facilities an,i solid waste collection activities associated with city recycling s drop boxes and service to the University of North Texas during the t ~ pendency of the City0s existing contract with the University of North Texas.. s. Udi ieaal Alres"ats of the Mahal r madliqs s.i Liability for tsagnaba. The Purchaser will pay all expensss incurred by it in connection with the nagctiation, y execution and performance of this contract, whether or not the transaction contemplated hereby is consummated, including the fsea and expenses of its counsel and auditors. seetiea b.! damarei■ l cellsatiea services. (a) The Purchaser agrees to assume commercial solid waste collection services for the City$■ commercial oustomers at the Time of Closing and to continue to provide commercial and industrial solid waste collection services to all commercial customers requesting such service for the duration of the covenant not compete contained in Section 4.5 above. # (b) The Purchaser shall be subject to the continuing police i i power of the City to regulate the provision of commercial and { i R .,.r.~ m -11- 1 c 11+~-J 81CKEmz1WF HEATH b '31ILEr P.13 industrial solid waste collection services as may be established ordinance from time to time. by 1421!_ en sLA 2UUUL4ia2__R`X, The Purchaser and the City agree that the rates reflected in Exhibit 5.3 which are in effect at the time of execution of this Contract for customers reflected in Exhibit 1.1(b) will not be raised for 9o days from execution of this Contract provided the City does not direst the disposal of commercial and industrial solid waste. 8a2ti_ eA 1RRAAXftLXLtjW Purchaser agrees, contingent C, upon satisfactory physical and drug screening administered and evaluated pursuant to Purchaser#s current polioies, to continue the E employment of persons identified in Exhibit 7.6 for minimum of six month period at their current rates of pay. such employess shall be eligible for employee benefits provided by purchaser to its employees of comparable status provided however that such employees shall receive health cars coverage for pro-existinq conditions if they are currently covered by the city, vacation entitlement as if the employee had been employed as of the date of employment with the City, and to the extent permitted by law and Purchaser's retirement plan such employees shall be entitled to rollover and reinvest retirement funds withdrawn from employees city retirement I plan upon termination of employment. xf it is the purchassros intention to terminate any or all of the personnel at the and of the six (6) month period, Purchaser will give the employee at least thirty dayOs notice to the affected persons. ~MWN.M I` S PLR ?tl '31 1151 BICKEhoiAFF HEATH & SMILEY P. 14 S I BeOt, ie~i Into i.f~a~tiee~ To the anent from and attar the Time of Closin parmittsd by law, qj tha'Purchasar egress to o defend, indemnify and hold the City harmless from and against I indemnifiable damages of the City$ For this "indemnifiable damages" of the City means the a purpose, expenses, losses ggregata of all costs, deficianotes, liabilities and damages (includinq attorneysil fees and court costs) incurred.-ir suffered by the City, or any of its agents or employees, as a result of or in connection withr (a) any Claim, demand, cause of action, or occurrence, act or omission of the Purchaser with respect to its commercial and industrial solid waste collection operation including the Purchased Assets which arise during the Purchasers ' commercial and industrial solid waste, operations and after the Time of Closing and which causes damage to the ' City and, (b) any default in the performance of any of the covenants, warranties or Agreements made by the Purchaser in this Contract. The Purchaser shall indemnify the city for all personnel claims arising from or relating to. the transfer of city employees pursuant to this agreement, saeti_,_, a~~ ~li.OIl at lwrew...~ Asia"* (a) Pull complete and unobstructed possession of the be delivered to the Pur Purchased Assets shall aMser at closing. (b) Purchaser shall take possession of Purchased Assets i at the Ti" of Closings and 3 ~ (o) The Purchaser shall remove or cover all City markings including the City logo and phone number free vehicles prior to -1J- Y I 1 1 i s^n w.~ r ' ad ":l 11+5G bLCk,L771..FF HEATH d SMILE'Y P. is utilizing such vehicles and from containers within 14 days from the Time of Closinq. € io conditions to the Oblieations RC the Purchaser. The 4€' obligation of the Purchaser to purchase the Purchase Assets shall be subject to the fulfillment at or prior to the Time of Closing of 3 each of the following conditionsi 4 1 JA certified crdisasaes, The City shall have delivered to the Purchaser copies of ordinances adopted by the governing body of the City authorising the transactions contemplated by this Contract, certified in each case as of the Time of closing by the Secretary or Aasistant Secretary of the City. 1A No h4verse titiaaties. There shall not be pending or 1 1 threatened any action or proceeding by or before any court or other governmental body which shall seek to restrain, prohibit or invalidate the sale of the Purchased Assets to the. Purchaser or any r~ other transaction contemplated hereby, or which night affect the right of the Purchaser to own, operate in its entirety or control the Purchased Assets. JAI ceasletion of Sevier by the furehuer, The Purchaser shall have completed its business, accounting, environmental and legal review of the Cityfs business and assets, and the purchaser j shall, in its sole discretion, bs satisfied vith the results of 1 such investigation or otherwise waive this condition. 70 Additiesai 1►areerests of the fartieso i sgatien 741 custemar laaeust Pavtents ass ealleetion iia is ,I of sartiee , It is the intent of the parties hereto that City rlMw~l.ll -1 ~ ~ 3 r Oil W YY F, ~uu. 'yi 11+s3 bt~-hLr.ziF,FF HEATH & SMtLE'r P,16 shall serve its customer accounts until the Time of Closing and Purchaser shall take over service with respect to the customer Accounts at the Time of closing, with respect to the Customer Accountsi (a) the City will serve and bill its commercial accounts through the Time of Closing. The revenues received from the commercial accounts shall be prorated as followat 3 (2) Purchaser shall be entitled to all income generated from the rendering of services by purchaser with respect to said accounts on and after the Time of Closing) (2) the City shall be entitlad to payments received for the prorated amounts billed on those accounts for services rendered by City prior to Time of Closing. a (b) If any customer whose account is transferred t 1 hereunder pays Purchaser for services rendered by City prior to the Time of Closing, Purchaser shall promptly pay said amount to Cityl (c)' City shall promptly pa to Purchaser all payments on f` the customer accounts transferred hereunder which are received by city for services rendered by Purchaser on or after the Time of closing) (d) Neither Purchaser or City shall be obligated to collect any accounts receivable on behalf of the other, from and after the Time of Closing, upon the reasonable request of the Purchaser, 1 the City shall execute, acknowledge and deliver all such further documents as may be required to convey and transfer to and vest in •~+w! 11 MIS= d r w i - a~ •a- ~ t .inrr ntHlPt S v II LL{ the Purchaser and protaeL its right, title and interest in all of the Purchased Assets, and as may be appropriate otherwise to carry out the transactions contemplated by this Contract. S. General provisions. Section 0.1 Sluryiyal of Aenreseat tions and wsrrantiee, All of the respective representations and warranties of the parties to this contract shall survive the consummation of the transactions r contemplated hereby. I section 8.2 prokerso aoasisainn. Each party hereto will G: M indemnify and hold harmless each other party from any commission, fan or claim of any person, firm or corporation employed or retained or claiming to be employed or retained by the indemnifying party to bring about, or to represent it in, the transaotion■ contemplated hereby, se0tien s.s Amendiant cad Madifiaatien. The parties hereto may amend, modify and supplement this Contract in such manner as may be agreed upon by them in writing, t section-A-4 lindid,Q..3fflate This Contract shall be binding upon and inure to the benefit of the parties hereto and their respective successors, assigns, heirs and legal representatives, section 2.2 satire 2xjjM2U, This instrument and Cho i Exhibits attached hereto contain the entire agreement of the parties hereto with respect to the purchase of the Purchased Assets Ill and the other transactions contemplated herein, and supersede all prior understandings and agreements of the parties with respect to rr 63-bi -16- i i ~k rk t } M PWAI T 'rr F ~ ~ ~i~ ' yl 11 ~ 7S t+i~r,tF~iriFF htHTN & ~MILE'i P.18 the subject matter hereof. Any reference herein to this Contract shall be deemed to include the Exhibits attached hereto. Reg'"k-JU U• The descriptive headings contract are inserted for convenience only and do notconstitute ia part of this contract. This contract executed in any number Of counterparts, each of Which shall be deemed an original, c Any notice, request, information or other document to be given hereunder to any of the parties by any other party shall be in Writing and shall be hand delivered or sent by certified or registered mail postage prepaid, or by overnight courier service requesting evidence of receipt as part of its service, as follows, ~a) It to the City addressed tos Attention City Manager City of Denton 213 Dent Mexinfla76y (b) if to the Purchaser, addressed toi waste Management of Texas, Inc, 1320 Gresnway Drive, suits 900 Irving, Texas 7303# Copy to$ Masts Management of North America, Ina, 3003 Butterfield load Oak Brook, Illinois s0D=1 ATTNI General Counsel Any party may change the address to which notices hereunder are to be sent to it by giving written notice or such change of address as -173 r S 9 av.r~ E " ou -el ii::b nlLKERST F HEATH s i(1ILEi P.19 herein provided. Any notices given hereunder shall be doomed given on the date of mailing. . 2sati0U 2.4 severebility_. If any provision of this Contract is determined to be illegal or unanforesable,,such provision will be doomed amended to the extent necessary to conform to applicable law or, if it cannot be so amended without materially altering the intention of the parties, it will be deemed stricken and the remainder of the Contract will remain in full force and affect. station 2.10 Governing Lax. This Contract shall be governed by and construed in accordance with the laws of the State of Texas applicable to contracts made and to be performed herein. section a.ii h venue. Venus for actions or suits arising out of this contract shall be brought in Denton County, Texas, station 2.12 papas aexer, This Contract does not waive the city's police power to regulate the provision of commercial and industrial solid waste collection services= IN WITUXON WRIMOr, the parties hereto have caused this y Contract to be duly executed as of the date and year first above I1 written. W"Tp WWAd ! of 01TV or DR1'i V T=xA40 ZVOO dye Namer Mass$ Titles Titlei «wal.w -18 ti 4 . MAYOR CASTLEBERRY and Honorable Council Members: My Name ls: Joyce Poole, I reside at 3091 N. Bonnie Bras. For the record, I am a business owner and an active member of the chamber. j I come before you tonight to express my objection of the proposed sale to Texas Waste , I ement of our object s to commercial the closing of ours CitysLaand ndfilllassa part of nt IN ADDITION that proposal. As a result of investigating publicly available material on the proposal(s) and visiting with City Staff and several local residents, I wish to state my findings. From my viewpoint, I feel both residential and commercial entities wlil realite a C11 REAL LOSS in the long term by this proposal. 1. The City does not alleviate it's SubTitle D responsibilities with the closing of the landfill. Nor, will the City face anticipated prohibitive costa to meet EPA standards ...it is already in compliance with the majority of them. This point had been the "driving force" for the city to clone I its landfill. 1 9. Closing our landfill will TAKE AWAY the opportunity of any OPTIONS for our area people to haul their own trash, or their "extra" trash, aside from regular pickups. People simply WILL NOT s drive to Lewisville to dump their trash. 3. With this local option gone, our backroads wU1 become the t, dumping site and eyesore we have been trying so hard to eliminate for the past several years) Again, People WILL NOT drive to Lewisville to dump their trash...and our so- called j of mUesrof "Trash )Uttered with sofas, old refrigerators, tires, and the Ukel 4. The City Immediately loses a large sum of money by not charging TWM the true market rate to use our landfill. It you Sell a COMMODITY,- at least get paid what it's worth, UP FRONTI 5. According to figures provided by the City, it will cost us " approximately 014,000 PER MONTH MORE to haul residential waste to the Lewisville DPW Landfill, Please multiply this amount times the REALISTIC time it will take to acquire land, obtain all required licensing and toning, PLUS build the I Transfer Depot and get It operational. It becomes evident how quickly any "proflt" from our early closing of the LandfUl becomes a large NEGATIVE for our entire city! f , , r Page Two l j 6. The proposal further calls for the City to spend OUR TAX dollar to ( LOCATE an acceptable "transfer station site" for TEXAS WASTE MANAGEMENT and then SECURE the necessary State Health Permits, and zoning approval. WHY SHOULD WE SPEND OUR TAX DOLLARS, MAN-HOURS, AND EFFORTS FOR A NEW SITE (WHICH WE WILL PAY TO USE AT A HIGHER RATE), WHEN WE COULD BE USING THOSE MONIES TO DEVELOP A SITE FOR OURSELVES? 7. Due to Texas Waste Management's multi-state size, it to able to keep it's fees reduced In a particular area AS LONG AS IT TAXES to, (in effect) create a defacto monopoly. Other haulers won't be able to compete effectively, as they will be without a c choice to take waste to another dump, Remember, we are eliminating places to dump that aren't controlled by TWM. "Other haulers" will have to pay whatever tipping fees TWM sets on their transfer station or landfills. MAY I SUGGEST SOME ALTERNATE THOUGHTS FOR THE COUNCIL'S CONSIDERATION? 1. Sell ONLY the commercial business and related equipment for the $1.9 million offered. Use $500,000.00 needed to "retire" the indebtedness discussed. 4 HOWEVER - PLACE THE REMAINDER $1.4 MILLION IN A MONEY- EARNING TRUST OR INVESTMENT TO BE APPLIED TOWARD THE PURCHASE AND ESTABLISHMENT OF A NEW CITY LANDFILL TO BE f OPENED AT THE CLOSING OF OUR EXISTING SITE. THIS "INNOVATIVE FORESITE" COULD BE A REAL PLUS FOR ECONOMIC DEVELOPMENT PROMOTION AS WE LOOX TO THE UPCOMING GROWTH r r FROM NEWLY ANNEXED LANDS TO OUR SOUTH, 1. RETAIN the current landfill ONLY for the City of Denton's customers, be they Commercial or Residential. This will give longer "life/use" to our present site - and at more reasonable costs than hauling to Lewisville and paying to dump therel 9. If our landfill is used by "outside" contractors, they must pay the market value charges of $3.45 CU,Yd. Let's keep CONTROL of J OUR Landfillt { 4. NO ADDITIONAL agreements would be made with TWM regarding OUR finding and obtaining a transfer depot site for them. Instead, let the City immediately begin to locate a new site and obtain licensing for the City's use in the projected 5-e year I period from now. ALSO, please be aware of the REGIONAL LANDFILL that is In the licensing process even now, which will serve Denton, Collin and Tarrant Counties In the near future. This will be ANOTHER OPTION for our City to consider In the "five- year out" timeframe. i j r , , i Page Three As a very concerned citizen, business owner, and taxpayer in this community, I strongly ask you to vote "NO" to the proposal offered from TW M I WOULD LIKE FOR THOSE IN AGREEMENT TO KEEP OUR LANDFILL AND REJECT THE SALE TO TEXAS WASTE MANAGEMENT TO PLEASE STAND AT THIS TIME. I THANK YOU FOR YOUR TIME IN HEARING JUST A FEW OF OUR CONCERNS AND REASONS WE FEEL THIS PROPOSAL IS INAPPROPRIATE FOR DENTON. C i j E i i ~I r h f { 1 r rrrrr~a~.~~r~