HomeMy WebLinkAbout07-23-1991
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AGENDA
CITY OF DENTON CITY COUNCIL
July 23, 1991
Work Session of the City of Denton City Council on Tuesday.
July 23. 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. Receive a report from and hold a discussion with the
Airport Advisory hoard regarding various issues
relevant to the Denton Municipal Airport.
2. Presentation and discussion of the Hotel/Motel Tax
recipients budgets by the Denton Historical
Commission, Museum and Foundation, Greater Denton Arts
council and the North Texas Fair Association.
3. Receive a briefing and hold a discussion regarding
House Redistricting.
4, Receive a report and hold a discussion regarding a
proposed lease agreement between Greater Denton Arts
Council and Denton Community Theater for the Campus
Theater. i,
5. Receive a report and hold a discussion regarding the j;
results of the public Technology Inc. (PTI) Fire i'
Station Location study.
6. Receive a report and hold a discussion regarding the
II( abatement of dilapidated structures.
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7. Receive a report and hold a discussion regarding joint
ownership contract issues between the City of Denton
and the Upper Trinity Regional Water District relating
to the Ray Roberts Water Treatment Plant.
8. Receive a report and hold a discussion regarding the
state budget as it effects higher education.
C E R T I F I C A T E
j I certify that the above notice of meeting was posted on the
bulletin board at the City Hall of the City of Denton, Texas,
on he day of 1991 at o'clock
(p.m.}
CITY SECRETARY
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DENTON COUN-FY
HISTOWAL 14IUSEUNf, INC.
P.O. Box 2600.
' Denton, Texas 76202 (81 7) 383-8073
01MI001 COUMI. COUMIMOUS1
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DENTON COUNTY HISTORICAL MUSEUM, INC.
PROPOSED BUDGET, FY 91-92
(07-10-91)
Budget Budget
Category Description FY 90-91 FY 91-91
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SALARIES - -
1.01 Director's Salary $ 20256.82 $ 21269.66
1.02 Educator's Salary $ 13556.40 $ 14234.22
1.05 CWSP (12 Months) $ 5600,00 $ 5600.00'
j 1.05A CWSP Benefits $ 1002.40 $ 1002.40
SUB-TOTALS $ 40415.62 $ 42106.2B
EXPENDI'T'URES (02--Lalor, 03--other)--
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2.01-3.01 Memb.-Subscriptions $ 300,00 $ 300.00
2.02-3.02 Training; Tourism Prom. $ 1700.00 $ 1900.00
2.05-3.05 Audit, IRS Forms $ 900,00 $ 1100.00
3.06 Trustee's Projeotn $ 200.00 $ 250.00
2.08-3.08 Consultants, Proj. $ 1000.00 $ 500.00
2.09-3.09 Insurance $ 3100.00 $ 4000.00
2,10-3.10 Exhibits $ 2000.00 $ 2000.00
2,11-3.11 office Supplies, Equip, $ 300.00 $ 300.00
2.12-3.12 Collection Mang. $ 1250.00 $ 1800.00
E 2.13-3.13 Computer Accessories $ 500,00 $ 900,00
2.14-3.14 Travel, Mileage $ 900.00 $ 500.00
2.16-3.16 Contingency Funds $ 2500.00 $ 2000.00
2.17-3.17 Education $ 1000.00 $ 1200.06
2.18-3.16 Docent-Volunteer Prog. $ 200.00 $ 200.00
E 2.19-3.19 O&M, Security $ 1000.00 $ 500.00
2.20-3.20 Reserve, Savings $ 1200.00 $ 1200.00
2,21-3.21 Director's Account $ 200.00 $ 200.00
I SUB-TOTALS ~ $ 18250.00 8 0.00
TOTALS 58665.62 60956.28
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DENTON COUNTY HISTORICAL MUSEUM, INC
pr.OpOSED BUDGET, FY 91-92
(0'1-10-91!
Budget Budget
FY 90-91 FY 91-92
Category Description
INCOME
f Hotel Tax $ A400p.00 $ 45486.28
4.01 Lalor,
Grants:
t 5000.00 $ 5000.00
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5.01 DBL Grant $ 500.00 $ 500.00
THC Grant 1300.00 !
i 5.02 $ 1500.00
5.03 NSDC Grant $
5.09 Other Grants _
- 7000.00 68 0.00
Sub-Tota1
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other Income:
150 00 $ 1500.00
0
Gift Shop Transfer $ 495.62 $ 900.,00 1
6.0 Donations $ 3970.00
6.02 2 CWSP Reimbursement $ 3970.00 $ 600.00
6.03 interest $ 500.00 $ 650.00
.04 NOW Acct.
MM Acct. Interest $ 600.00 $
6 500 6b0,00
6.05 workshop Fees .00 $ 250.00
6.06 User Fees $ 10000 ~ 150.00
i 6.07 misc. Income $ 50.00
6.09 Interest. $ 0 $
7.0J NT savings,
7665.62 $ 8670.00
sub-Total
See Below
$
58665.62 60956.29
GRAND TOTALS $
OIFT SHOP OPERATION
094 0.00 $ 520Q.00
8.00 G ft shop Revenue $ 1000.00 $ 1500.00
9.01 Gift shop Supplies r 1800.00 $ 1800.00
9,02 Gift Shop Consignments, $ 600.00 $ 400.00
Gift Shop Sales Tax $ 1500.00 $ 1500.00
99..0304 Transfer, Gen, Acct. $
page 2 of 2
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COP I'
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-0ENTON COUNTY NISTORICAJ 1. MUSEUM
FINANCIAL STATEMENTS
SEpTEtdSER 30, 1990 r
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TABLE OF CONTENTS
PAGE
1-2
Accountants' Opinion
> . 3 ;
Combined Balance Sheet . . . .
Statement of Revenues, Expenditures and Changes 4
in Fund Balance ,
5
Statement of Sources and Uses of Cash. . . ;
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Notes to Financial Statements,
Statement of Changes In General Fixed Assets . . . . j
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Combining Statement of Revenues, Expenditures and 10-11
Changes In Fund Balances. . . . . . .
Combined Statement of Revenues and Expenditures 12
Budget and Actual . . . . . . . . .
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MEMBERS
MEMBERS MAERICAN INSTITUTE OF
MEMB
1EXAB ERRS OF CERTIFIEO PUBLIC ACCOUNTANTS
SWEV
CERTIFIED PUBLIC ACOOUNTANT$ HANKINS, POWERS, EASTUP, DEATON & TONN
A Professional corporellon
CERTIFIED PUBLIC ACCOUNTANTS
902 NORTH LOCUS' 4 P.O. BOX 977
DENTON, TEXAS 792020977
817.387.8583
14 ACCOUNTANTS' OPINION
r Board of Direc`ors
Denton County Historical Museum
P.O. Box 2184
Denton, Texas 76202
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We have examined the balance sheet of the Denton County Historical
Museum as of September 30, 1990, and the related statements of revenues,
expenditures, and changes in fund balancc94, and of sources and uses of These finaci cash for the year ended September 30,
are the responsibilty of the Museum's management, Our respon-
sibility is to express an opinion on these financial statements based on
our audit, ;
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We conducted our audit in accordance with generally accepted auditing
standards. Those standards require that we plan and perform the audit to
obtain reasonable assurance about whether the financial statements are
free of material misstatement, An audit includes examining, on a test ;
basis, evidence supporting the amounts and disclosures in the financial
statements. An audit also includes assessing the accounting principles
used and significant estimates made by management, as well as evaluating ;
the overall financial statement presentation. We believe that our audit
provides a reasonable basis for our opinion,
In our opinion, the `inancial statements referred to above present
fairly, in all material respects, the financ119gpOosi a~idothefrethe sultsnnfnits'
County Historical Museum as of September 30,
operatiosis and its cash flows for the year then ended in conformity with
generally accepted accounting principles.
Our audit was made for the purpose of forming an opinion on the basic
financial statements taken as a whole. The statement of changes in
general fixed assets, combining statement of revenues, expenditures and
changes in fund balances, and combined statement of revenues and
expenditures budget and actual on pages 9 through 12 are presented for the
purpose of additional analysis and is not a required part of the basic
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Board. of Directors
Denton County Historical Museum
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F audi statements. Such information has bfinancbialcstatements and,tie9
financial lied in the audit of the basic
procedures app stated in all material respects in relation to t
our opinion, is fairly }
basic financial statements taken as a whole.
Eastup', Deaton &Tonn
Hankins', Power,
A Professional Corporation
Certified Public Accountants i
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January 30 1991
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DENTON COUNTY HISTORICAL MUSEUM
COMBINED BALANCE SHEET
SEPTEMBER 30 1990
GENERAL GENERAL FIXED
FUND A55ETS - TOTAL
ASSETS $ 131 S 131 `
Cash on Nand -Gift Shop 18,279
I Cash - Museum account 18,27279 9 279
Cash - Director's account 5,346
Cash y Money Market 50346
Cash - Memorial fund 801 801
1 Certificate of deposit 65000 60000
Prepaid insurance
906 906 Prepaid payroll taxes 368 368
f Collections (Note
Fixed assets (Note 4) $ 15,449 I5, 449
Office furniture and equipment 19,991 19,991
t Other equipment
$ 32,050 $
Total Assets 35,440 S 611494
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LIABILITIES S 141 S 14i
Sa es taxes payable
141 141 ;
Total Liabilities
FUND EQUITY $ 35,440 35,440
{ Investment in general fixed assets
Fund Balances: 31 909
Unappropriated 31,909
31,909 35,440 67,349
'rotal Fund Equity
Total Liabilities and Fund Equity S 32,056 $ 35,440 S 67,490
See Accompanying Notes To Financial Statements,
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DENTON COUNTY HISTORICAL MUSEUM
STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE
FOR THE YEAR ENDED SEPTEMBER 30, 1990
REVENUES;
Hotel occupancy tax (Note 3) $ 461646-
Grants 4,127...
Work study 41117
Donations 11155
Gift shop 4,254
Interest 1,463 s
Workshop fees 165,-
User fees 146•
Miscellaneous 372-
Total Revenues 62,505
EXPENDITURES:
Director's salary 19,584
1 Educator's salary 11,655
Work study salaries 51274
Payroll taxes 472
Membership/subscriptions 202
Professional training 10450
Gift shop supplies 826
Computer accessories 260
Legal and accounting 900 e
Trustee's protect 15
1 Educatloe supplies 925
Consultan,s 11999
Insurance 2,370
Exhibit supplies 1,791 ,
Office supplies 249 {
ON Collection management 944
Travel 464
Grant participation 50281
Docent/Volunteer program 30
Security and maintenance 707
Directors account 168
Gift Shop Consignments 1,243
Total Expenditures 56,709
Excess Revenues Over Expenditures 5,796
Fund Balance, September 30, 198926,113 i`
Fund Balance, September 30, 1990 $ 311904 4
See Accompanying Notes To Financial Statements.
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DENTON COUNTY !15Tr ?E MUSEUM
STATEMENT 0 URCES AND USES OF CASH
I.OR THE YEAR ENDED SEPTEMBER 30 1990 - -
! Sources of Cash: > 46,646
Hotel occupancy tax 41127
Grants 41177 '
i workstudy 11155
Donations 4,254
Gift shop 1,463•
Interest income 25 `
Prepaid insurance 683
Other Sources 52,530
Ir Total Sources Of Cash
Uses of Cash: 36,413
Salaries 1,450
Professonal training 1,999
Consultant 2,370
insurance 5,281
Grant participation 472
Payroll taxes 368
Prepaid payroll taxes 069
Sales tax 2,069
Gift shop consignment/supPlies 11791
l Exhibit supplies 41864.
Other uses 57,297_
Total Uses Of Cash {
5,233
Increase In Cash 25.5A3,
Cash, September 30, 1989 E $0,776
Cash, September 30, 1990
cial Statements-
See Accompanying Notes To Finan,
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DENTON COUNTY HISTORICAL MUSEUM
NOTES TO FINANCIAL STATEMENTS
SEPTEMBER 30, 1990
e NOTE 1 - SIGNIFICANT ACCOUNTING POLICIES
I The accounts of the Denton County Historical Museum are organized on. the basis of
funds and account groups, each of which is considered a separate accounting entity.
The operations of each fund are accounted for with a separate set of self-balancing
accounts that compose its assets, liabilities, fund equity, revenues, and expendi-
tures. in the financial statements in this report, the various funds are grouped
into the following fund types and categories;
General Fund - The General Fund is the general operating fund of the Museum. It is
used to account for all financial resources except those required to be accounted for
in another fund,
Fixed Assets:
Fixed assets used in fund type operations (genera) fixed assets) are accounted for in
i' the General Fixed Assets Account Group. No depreciation has been provided on general
fixed assets.
All fixed assets are valued at historical cost or estimatad historical cost if actual
historical cost is not available. Donated fixed assets are valued at their estimated
fair value on the date donated (see Note 4).
Basis of Accounting: f
Basis of accounting refers to "when" revenues and expenditures are recognized in the
accounts and reported in the financial statements. Basis of accounting relates to
the "timing" of the measurements made, regardless of the measurement focus applied,
All governmental funds are accounted for using the modl!'ied accrual basis of
accounting. Their revenues are recognized when they become measureable and avail-
able as net current assets.
Under the modified accrual basis of accounting, expenditures are generally recognized
when the related fund liability is incurred. Exceptions to this general rule include
principal and interest on general long-term debt which is recognized when due.
NOTE 2 - LEGALLY INCORPORATED ENTITY
The Denton County Historical Museum was founded on May 6, 1977. The Museum was !
legally incorporated in the State of Texas on April 19, 1979. Exemption status under
Sec. 501(c)(3) was obtained on March 27, 1980,
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DENTON COUNTY HISTORICAL MUSEUM
NOTES TO FINANCIAL STATEMENTS (CONTINUED)
SEPTEMBER 30, 1990
NOTE 3 - HOTEL/MOTEL OCCUPANCY TAX REVENUE '
Hotel-motel room occupancy tax is collected by the City of Denton. The City of
Denton allocates a portion equal to 3% of the total hotel-motel revenue to the
Denton Cultural Confederation, which then reallocates 2% to the Gareater Denton Arts
Council and 1% to the Denton County Historical Foundation. The Denton County
Historical Foundation disburses these funds to the Denton County Histooical
Commission and the Denton County Historical Museum on the basis of budget-requests
and availability of funds. The total received by the Denton County Historical Museum
for the year as as follows:
Quarter ended December 31, 1989 $120225.40
Quarter ended March 31, 1990 8,924,62
Quarter ended June 30, 1990 12,490.98
Quarter ended September 30, 1990 13,005.25 a
$46,646.25
i NOTE 4 GENERAL FIXED ASSETS
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The Museum received a grant that incluaed plexiglass for display cases From the Den-
ton Benefit League, The improvements to the display cases were made for a total of
$1,875.00. f
Fixed Assets From Donations
! Prior to September 30, 1989
Denton Benefit League $ 99603
Denton Sesquicentennial 20019
Denton County Historical
Commission and Foundation 9,097
Texas Historical Commission 280
IBM 3,435
Total $241434
Over the life of the Museum, other organizations have donated various furniture and
j equipment without submitting a market value, The Museum, as the donee, is unable to
objectively value a gift and therefore, has not placed a value on these items, The
majority of furniture and equipment, however, is recorded in the above list.
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DENT ON COUNTY HISTORICAL MUSEUM
NOTES TO FINANCIAL STATEMENTS (CONTINUED)
SEPTEMBER 30, 1990 ,
N7 5 - COLLECTIONS
not
In conformity with the practice Itl;swimpracticablestomvalue nthese c9i~t~eiisterraf therefore,
included in the balance sheet. wired items are cataloged in g
they are not capitalized. isTplacedlonathese items,
accessions, but na v
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I DENTON COUNTY HISTORICAL MUSEUM
STATEMENT OF CHANGES IN GENERAL FIXED ASSETS
FOR THE YEAR ENDED SPETEMBER 30, 1990
Balance Balance
9-30-89 Additions Retirements 9.30-90
P' General Fixed Assets:
Office equipment $13,574 $ 1,815 $159449
Other equipment 190991
19 991
Total General Fixed Assets $33,565 f 1,875
$35,440
Investment in General Fixed
Assets Provided From;
General Fund $ 99131 $ 9j131 i
Donations (Note 4) 24,434 $ 1,875 26,309 i
r $33,565 $ 1.875 535.440
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See Accompanying Notes To Financial Statements,
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DENTON COUNTY HISTORICAL MUSEUM
COMBINING STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES
FOR THE YEAR ENDED SEPTEMBER 30, 1990
Museum Director's Money
Account Account Market
Revenues:
Hotel occupancy tax $46,646
Grants 4,127
Workstudy 4X177
Donations 630 $ 166
Giftshop 41254
Interest 712
Workshop fees 165 257
User fees 146 ;
Miscellaneous
1, 5T, 229
Expenditures:
Director's salary 19,584
Educator's salary 110555
i Workstudy salaries 5,271 $ 3
Payroll taxes 472 j
Membership/subscriptions 203 }
Professional training 10447 Gift shop supplies X826 3
Computer accessories 260
Legal and accounting 900 ;
Trustees projects 5 10
Education supplies 924
Consultants 11999
Insurance 2,370
i Exhibit supplies 1,764 27
Office supplies 249
Collection management 944
Travel 464
Grant participation 59092 189
Docent/Volunteer program 7 23
Security and maintenance 107
Directors account 146 22
Gift Shop consignment 1 243 `
Excess (deficit) Revenues Over Expenditures 41797 {277) 423
Transfers Net (1,331) 331 10463
Fund Balance, September 306 1989 16,077 165 _ 3460
Fund Balance, September 30, 1990 $19,543 $ 219 6 346
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See Accompanying Notes To Financial Statements,
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Memorial Certificate
Fund of Deposit Total
$46,646
4,127
4,177
S 359 1,155 ;
4,254
31 $ 463 1,463
165
146
372
19,584
11,555
5,274
472
203
1,450
826 t
p 260
900
15
924
1,999
2,370
1,791 1
':49
944 ;
464
5,281
30
707
168
1 243
390 463 5,796
(463)
411 S_ 6 000 26,113
s.
801 $ 6,040 $31,909
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DENTON COUNTY HISTORICAL MUSEUM
COMBINED STATEMENT OF.REVENUES AND EXPENDITURES
BUDGET AND ACTUAL
FOR THE YEAR ENDED SEPTEMBER 30 1990
Variance
Favorable
Budget Actual Unfavorable
Revenues: $ 48 846.40 $ 46,646.25 $(21200,15)
Hotel occupancy tax ' 41127.35 4,I27 ~35
Grants (233.10)
40410.00 45176.90 387.40
Workstudy 767.59 1,154.99 r
Donations 3,500.00 4,253.78 163.18
Giftshop 900.00 1,463,16 563.16
Interest 500.00 165,00 (335.00)
Workshop fees 75.00 146.00 71.00
User fees 371,18 371.18
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Miscellaneous 58,998,99 62.500T
Total Revenues - -
Expenditures' $ 19,666,82 $ 19,583.76 g 83,06 i '
Director'S salary 12,573.60 11,555.14 - 1ti018.46
Educator's salary 80400,00 5,273.56 3,126,44
Workstudy salaries 10503,60 471.91 1,031,69 1
Payroll taxes 300.00 202.50 97,50
Membership/subscriptions 1,700.40 1,460.04 24994 a
Professional training 10000.00 826.28 173,72
Gift shop supplies 500.00 259.74 240.26
Computer accessories 800.00 900.00 (100.00)
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Legal and ~ccaunting 250.00 14.14 235.3
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Trustee's pro3ects 15100,00 924.67 115.33
Education supplies 1,999.00 1,999,00 '0 +
;I Consultants 2,500.00 2,369,90 130.10
Insurance 2,000,00 1,790.67 209.33
Exhibit supplies 270.00 249,48 20.52
Office supplies 00 943.96 56.04
Collection management 1 1 000 000..00 20335.00
Contingency , 700.00 464.00 236.00
Travel 50280.76 (5,280.76)
Grant participation 200,00 29,89 170.11
Docent volunteer program 1,000.00 706.92 293.08
Security and maintenance 10000100
{ Reservesavings 1,000,00 166.26 31,74 is
Director's account 200.00 1 243.50 (1,243.'50)
Gift shop consignments
Total Expenditures
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See Accompanying Notes To Financial statements,
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EELtUUillf
DENTON HISTORICAL FOUNDATION, INC.
R0. Box 2189
Denton, Texas 76202
Y of WON COUNTY 40U6INOU LL
OULLT 10"
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July 17, 1991
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1 Mayor Bob Castleberry s.
215 E. McKinney
Menton, TX 76201
Dear Mayor Castleberry:
Phalosed please find the budget for the Denton Historical Foundation {
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for the Fiscal Year 1991-92 and accompanying documentation. ~
Included is a copy of our latest audit. s
We are pleased to furnish this information and look forward to presenting -
this budget on July 23r 1991 at 5:45 Y.M.
Yours sincerely,
1A one Matthews
Chairman, DCHF, Inc. j
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Enclosure
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iU,NTON COUNTY, TEXAS k
.
ACTIMT DISCUSSIO14
UAte' Aool. No.
Department Activity ,
} Historical County Archives and :L" q1_q~ „ 24
commission Record Man eme
Act Vhy Uescript en papers, documents,
This position, will preserve and keep in order all booltsr records, and Files of the County Archives and the Museum, to achieve the
following goals: Release apace and reduce the need for storage and filing
equipnentl establish an efficient retrieval operation for both active and
4 inactive County Records; provide for routine disposition of paperwork)
Records; system* the need of an
maintain total security over
effective Records Management xJ
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Work Program Trends
Musson collection Management Accessions 390 440 500
reserve and maintain Records
A Establish, p
Active 41200 10,000 120500
,
Inactive 23,000 10000,000 1,250,00
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Departments 4 27 27
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Reseazch Requests: Public and county Depts. 350 81500 10e100
35 80 125 i
Technical consultation and Training {
1 0l v ty commentary lets. Record
The DcM collection and inventory is current with backlogs complete.
transfer from card to computer is under way with 408 of the loans transfered.
ab sots will be ongoing with a complete check when record trans,-
inventory of
fer is complete, conservation of objects will be bngoing.
? will begin as canplation
The County Archives and Records Management grogram
l' for budget and storage space is made available by commissioners court.
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Continued prxif ficialanwillabe k snycheduled for staff as
Legislation rela-
requiredCount
five records management.
erne! ve edltlr j
a° space and equipment will be required to complete the tasks at
None. Staff, hand, Records are deteriorating daily, information lost, existing depsrtamt
space is overcrowded and a safe and ew"Ical access to public anal county
records is in need of immediate attention.
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oymiroM COUNTY, TKXA8 i
ACTiYCi Y t)1SCU&g10M
Department Activity Tate' Aeot. No:
Historical Museum
I Historical F9C 91-9~ ,A
Act vitY DescrIPI nn -The collection, conservation and exhibition of artifacts
relative to Denton County Heritage is the responsibility of the Denton
County Historical Museum, Inc. Programs, include education outreach to
schools, service clubs and a variety of public organizations. The Museum
has a full time Director and apart-time Fducator„and Archivist. Employees
devote their time to the Museumrs related activities. Special' 'children fee is and adult workshops are conducted for which a
materialseers are chilged
} No admittance fee In charged to tour the museum.
to operate the Gift S}►o~ conduct tours, some clerical and conservation {
projects, exhibit preparation and research. Volunteers also "staff" the
CHOS information desk for 30 hours per week.
1991 M 943
Work Program Tren a the size of the col-
. Established in 1977,
lection, services provided, programs of-
fered and attendance have increased as {
areditabliity of the Musuum was establis 310?.1` 35P~ VOW
shed............,~.................. ~U466 az,5(YO i
School Outreach Program 9. 100 14,00
90
~C/Cents/v0hlrlteer~ 55
Display.....Permanent....... 50 20
Exhibits on 50
Rotating., 15 5
Traveling...... 2
4 768 objects since 1978
if ,
Ket v tY Commentary ?
r The DCHM Long Range Plan projects the followings
1991 - Increase endowment fund, continue emphasis, on local uuwmunity'history,
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establish volunteer coordinator and volunteer of the year award and
s continue successful programs from previous years.
1992 - Apply for MAP II for acorediation from American Assoc. of Museums
sS and continue successful programs from previous years.
1993 - MAP II accrediation evaluation and continue all successful programs
from previous years.
ternat ve Means
pert-time eta£f hours need to be increased to full time for the Museum
rmation assisteducatwith ntout,-on
Miftvsho need to.e recruited
g g 1? I
management,
reach and special events.
Need to hire more College Work Study Program students.
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UP.NTON COUNTY$ TEXAS
ACTJVrTY UtSCUS91ON '
Aect, No.
UAIe'
U artmenl Activity
Historical Historical Preservation n 91_9~~y
Commission Markin & Research
Act vity Uescrlpt on churche Aasistance with research requests by citizens for local history siness ands
sohools, communities, cemeteries, roads, bridges, structures, bu
volun-
commerce, historical roarkera, cou:rty ceroteries etudentes interns and bY two
r full-time, two part-time employees, work study r
tears. These requests can take only a few minutes to several da,YS. We have
been the custodian of the County Archival records. A small fee is charged
r` for reproduction work, Various media representatives and students now,
come to our offices for historical and background information for articles
they are preparing.
-79-917-
Work Program Trends I
Research and service are provided by the E
DCHC for the general public and county 1859 1$50 1850 e
j
officials 8528 10250 11175
K41 3i Information Deak Service Requests....... 1 1 3
z Historical publications..•.••••••tt•
(six publications completed in the past) t
1
Hours VOlulltBeTed by DoCents.t.••••••'•" 4009 4300 4500
2 ~
Historical Markere•.t••••••~••t•••" " " ' ?
V Federal & State Agencies Hisoorical
• Survey Data The DCHC and Will
at v My Commentary
ts; will sppoonsor end fund two THC Historical markers per year In
+:3 tiaipate in the U5A competition in various categories.
continue to par laced on historical. markers, cemeteries and
t{'' the past emphasis had been p and folklore*
r7 In 1990 the categories were arahoology
r museum assistance.
will be broadened to include more communities throughout the
Census should be completed
Theprogram d ethnic groups. The County Cemetery asked
and will an be computerized for better aocessbility DCHC is now being envies. j
federal and state ag
and wi
data for ious to furnish historical At endanceaAward, THC Conference
11 1989 - Bent Program of
ve Mean Oral History and Folkli£e Preservation
4 19W - Distinguished Service Award,
1
ternat s olunteers tit the resent
rcentage of this project is done by v _ pp
A large it more demands being made on the Cominsorder todfrean the staf~-
time. With mo o
' will be required to submit timely information events and pr gTwas,
tears for other phases of the commission's prodeats,
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a ACTIVITY DISCUSSION
[)site' Aaol. No.
c' bepertment Activity FY 1
Historical 91-9A
Appreciation
History_Ap
Commission ~
Aetiv ty Description special events and programs that empha
organization and implementation of ch as THC historical marker dediea-
size the heritage of Denton torian Christmas, County Seat Saturday, ;
tions, Denton spring Fling, Vio
Courthouse Christmas Lighting, preparation of Newsletters, brochures, niza-
3 ur }
releases, programs for schools, churches, service clubs and other organiza-
tions are Just a few of the activities conducted by DCIIC. Tice commission
also participates in local town festivals{ is Lewisville Frontier
Pirsoh F`irgruck
Denton and Lewisville Main Street programs, takes the 1935 1
to various parades. ProJets are coordinated with the ISDre Parks and Re-
(
creation Departments and Convention Visitors Bureau. DCHC provides a
`F tourism information rack at the 011051
Work Program Tren s 1 2
THC Marker Dedicatimcs.l......1..1......•
Denton Spring Fling 2,~ 22~ 00 2tOOO
County Seat Saturday ...••...11..... b, 000
w Courthouse Christmas Idghting•••••111•••• 1750 1000 1,500
' Christmas 000 51000 5f000
4t Victorian
County Wide Festivals.....•.•...1•...•111 5,750 750 750
Main Street ProJects....••11••••" " " Ob0 17,500 20r000 t t
Tourism Brochure Centerl...1...•.••1.1••• 1512 300 y 300
I~ Denton County Birthday.....,.,.,, 4►
.
,e government Awareness Week....., 20000 4 ~ 500
County ;
7
Ae lv ly Commentary
D0110 has cooperated with all other history and tourism related organization
Society of
ablishiSt.n Street, Historical Livgin Hist¢
and events--Greater Denton Arts Council, Main
'
Denton County, RUNT oberts Centennial lo.-st 1
Center an Ray Roberts Lake, relocntion of the Bloomfield school, an sport" ,
coring the BIG TREE program. DC110 will honor all Denton County Centurians
with a special recognition.
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a ternat vc Means both volunteers and staff.
These aotivities are acoomplished by
Assi ant
Volunteers Number Hours Lo ed
685 All phases
r 1
1986 24 1200 All p ases
1987• 35 1853 Ali phases
97 1988
1989-1992.... 125 4761 All phases
Collection management,
Huseum, Information Desk,
Special Events
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DENTON COUNTY j
HISTORICAL FOUNDATION, INC.
1 1 r
NinancW Statements
(With Auditor's Report' Thereon) '
December 31, 1990
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PINGLETON, NICHOLS, KISSINGER, HOWARD & COMPANY, P.C.
`
CERTIFIED PUBLIC ACCOUNTANTS
12700 PARK CENTRAL, SUITE 1401
DALLAS, TEXAS 75251-1503
214-392-1633
FAX 214-392-1637
TOM W. PINCM)ON, CPA
;C I INC. N1C14OI5, CPA AMPRICANM NSIIT11M of CPAs
THOMAS KISSINCH.R, CPA A1CTA DIVISION for CPA JM(S
T RANDY HOWARD, CFA TEYASSOCI[ Yofa'As
ALAN M. LANK CPA ,
• ~ DFSORAHI A. NICI-10 1-5, CPA
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I I DE LNUNT AUDITOR'S REPO
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The Board of Trustees
Denton County Historical Foundation, Inc. ;
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r We have audited the accompanying balance sheet of Denton County Historical
ll.# Foundation, Inc, as of December 31, 1990 and the related statements of support
and revenue, expenses, changes in fund balances and cash flows for the year then
ended. These financial statements are the responsibility of the Foundation's
management. Our responsibility is to express an opinion on these financial
statements based on our audit.
We conducted our audit in accordance with generally accepted auditing standards.
Those standards require that we plan and perform the audit to obtain reasonable i
assurance about whether the financial statements are free of material misstate- s
j.- meet, An audit includes examining, on a test basis, evidence supporting the
j ? amounts and disclosures in the financial statements, An audit also includes
assessing the accounting principles used and significant estimates made by
management, as well as, evaluating the overall financial statement presentation,
We believe that our audit provides a reasonable basis of our opinion,
J
In our opinion, the financial statements referred to above present fairly, in all
eJ material respects, the financial position of Denton County Historical Foundation, t
Inc. as of December 31) 1990 and the support, revenues, Pxpenses and changes in r
fund balances for the year then ended in conformity with generally accepted
accounting principles.
.
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1 June 11, 1991
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l DENTON COUNTY HISTORICAL FOUNTa ON Ac cunt Groups
Combined balance Sheet - All Fund Types
December 31, 1990
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1990
ASSETS $ 7660
11419
Cash
Accrued hotel tax receivable
Certificate-of-deposit ; 20, 80
l~ Total assets
tf
LIABILITIES and FUND BALANCES
Liabilities; 30251
Amounts payable (Note 6)
Fund balance;, 11'551 i a
Unrestricted (As restated Note 5) 40~SJ8 t
Total liabilities and fund balance
1 e
11{1 1;
See accompanying notes to financial statements,
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~ 4d0ed
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DENTON COUNTY HISTORICAL FOUNDATION, INC.
Statement of Support and Revenue, Expenses and
Changes in Fund Balance
j For the Year Ended December 31, 1990
:1990
w, TE Support and Revenue:
Hotel occupancy tax $ '16,962
Interest income 1,276
Book sales 998
Totai support and revenue
19.235
Expenses: ;
Professional services 300 !
Total expense 300
Excess of support and revenue over expense
18,935
Transfers and allocations
Denton County Historical Museum, Inc. 13,680
Denton County Historical Commission 3.079'' i
i s
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Excess of support and revenue over expense
"j after transfers and allocations 21276 1
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€ J,! Fund balance, December 31, 1989
27,536
t Restatement of beginning fund balance (Note 6) (12.265)
Fund balance, December 31, 1990 r
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See accompanying notes to financial statements,
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DENTON COUNTY HISTORICAL FOUNDATION. INC.
Statement of Cash Flows
For the Year Ended December 31, 1990
Cash flows from operating activities; 515,543
Cash received from City of Denton
Cash paid to Denton County Historical Museum and to (13,408)
- Denton County Historical Commission 384
Interest received 998
Book Sales
Cash paid for administrative costs 3-Q)
Net cash provided by operating activities i -
Beginning cash, January 1, 1990 16,698
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I ~ Restatement of beginning cash (Note 5)
i Ending cash, December 31, 1990 r.
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Reconciliation of net income to net cash provided by
oerating activities
zy216
t income
Adjustments to reconcile note income and net cash f
provided by operating activities:
Increase in certificate of deposit ON
Increase in accrued hotel taxes (1,419
Increase in amounts payable LI
F
Net cash provided by operating activities $
At
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3 u
i ; See accompanying notes to financial statements,
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DENTON COUNTY HISTORICAL FOUNDATION, INC.
Notes to Financial Statements
December 31, 1990
(1) SIGNIFICANT ACCOUNTING POLICIES
The financial statements of Denton County Historical Foundation have been
y 7 prepared on the accrual basis. The significant accounting policies fol-
} lowed are described below to enhance the usefulness of the financial
statements to the reader.
Fund Accounting
To ensure observance of limitations and restrictions placed on the use
of resources available to the Foundation, the accounts of the Founda-
tion are maintained in accordance with the principles of fund account-
ing. This is the procedure by which resources for various purposes
are classified for accounting and reporting purposes into funds estab-
lished according to their nature and purpose. _Separate accounts are
maintained for each fund; however, in the accompanying financial
statements, funds that have similar characteristics have been combined
into fund groups. Accordingly, all financial transactions have been
recorded and reported by fund group.
The assets, liabilities, and fund balances of the Foundation are
-j reported in one fund group as follows: C'
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• Operating fund: includes unrestricted and restricted resources
and represents the portion of expandable funds that is available f
for support of operations.
x
(2) LEGALLY INCORPORATED ENTITY
- The Denton County Historical Foundation, Inc. was founded and legally
incorporated in the State of Texas on August 6, 1984. Exemption status 4.
under Section 501(c)(3) was obtained on January 16, 1985. V.
ss,
.
w' (3) CREATION OF THE FOUNDATION AND SUBSEQUENT EVENTS
Prior to August 1984, funds from the Denton Cultural Confederation, Inc.
were received by the Denton County Historical Commission, Inc, Due to the
1984 Attorney General's Opinion No. JM-71, which stated that funds received
by a county commission are the property of the county and must be deposited
j with the county treasurer, the Denton County Historical Foundation, Inc, 4
was created to receive those funds. Until October 1990, the Foundation in
turn allocated a portion of those funds to the Denton County Historical
Museum, Inc, and the Denton County Historical Commission. Starting in
October, the City of Denton contracted with the museum to send the funds
directly to the museum therefore bypassing the Foundation.
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DENTON COUNTY HISTORICAL FOUNDATION, INC.
Notes to Financial Statements
December 31, 1990
'i
1 (4) CERTIFICATE-OF-DEPOSIT
This certificate is located at the First State Bank of Denton, Texas, It
matures in December 1991 and is earning interest at 7.90 percent,
i,
(6) RESTATEMENT OF BEGINNING FUND BALANCES AND CASH a
The beginning fund balance was restated because of the inclusion of trans
BJ actions that were the responsibility of the Denton County Historical
Commission and not the Denton County Historical Foundation,
(6) AMOUNTS PAYABLE
The amounts payable are summarized as follows;
Denton County Historical Museum for 3rd quarter
1 1990 hotel tax funds $ I,612
J Denton County Historical Commission for 3rd
and 4th quarter 1990 hotel tax funds 1,639
$
(7) RELATED PARTIES }
F
The Foundation Board of Trustees is appointed by the governing' board of the
1 Denton County Historical Commission. Therefore, the Foundation is Indi-
rectly controlled by the Commission. In 1990, the Foundation allocated and
distributed to the Commission $3,079 for the Commissions operating use.
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GREATER DENTON ARTS COUNCIL
OPERATING BUDGET
1991 - 1992
1. EARNED XNCOME BUDGET 91-92
A. SALES
1. Concessions/Drinks 1,300
2. Sales Art/Related Sales 800
3. Misc. Merchandise
R. RENTAL
1. Center for the Visual Arts 240000 '
2. Miscellaneous 100
3
C. ADMISSION/FEES
i
1. Performances/ +xhibitions 4$000
1 2. Classes/WorkrAops 200
3. Service Fees
4. Materiales Hard
5. CARA & Soft 92 2000
D. FUNDRAISING INCOME 4,000
EARNED INCOME TOTAL 430,400
p
II. UNEARNED INCOME
GDAC 1991-92 Budget
City Council presentation
7/2'3/91
Page I of T
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BUDGET 91-92
A. HOTEL/MOTEL REVENUE 53,000
(These funds are deeignated for administrative costa.)
B• GOVT GRANTS/MONIES
1. TCA 10,500
2. Local 61550
3. Other 400
C. ORGANIZATIONAL GRANTS
1. TAG 30,000
2. Other 11000
D. FOUNDATIONS 4r000
E. CORPORATE-DONATIONS/SPONSORSHIPS 14,000
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F. INDIVIDUAL GIFTS 10400
G. MEMBERSHIP
1, Individual 13,900
2. OrganIxational 30100
j 3. Business 58100
H. INTEREST INCOME 11000
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I. REFUNDS/REIMBURSEMENTS 0
J. MISCELLANEOUS 0
UNEARNED INCOME TOTAL 143095b
TOTAL INCOME 187,350
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GDAC 1991-92 Budget k
City Council Presentation
7/2-3/91 Page 2 of 7 ti
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BUDGET 91-92
I. ADMINISTRATIVE
A. PERSONNEL
1. Sala (full time 69,000
2. Sala . (part time 61000
3. FICA 5,822
4. MediwAl insurance 8,000
500
t 5. Retirement 1750
6. Worker's Comp 11000
7. Mileage reimbursement
8. Exec. Director's expense 300
E 9. Training/Career Development
B. CONTRACT LABOR 11200 }
C. VOLUNTEERS i.
1. Docent Program 300 i
2. Board/Volunteers
D. CONFERENCE/TrAVEU 11200 i
95,S7.t ' f
ADMINISTRATIVE TOTAL
(Projected La1or revenue is desi nated for use in this category,
specifically for salary oxpendAures.)
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Cityy council Presentation z..
7'123/911
page 3 of 7
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BUDGET 91-92
II. OPERATING 1x600
p., OFFICE SUPPLIES
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B. RETAIL, 18100
Beverages i
1 2. Merchandise 21600
C. TELEPHONE
500
D. COPIER SUPPLIES/SERVICE 1100
E. POSTAGE 404
F. BOOXS* SUBSCRIPTIONS 600
j G. PROFESSIONAL, MEMBERSHIPS 150
H. OFFICE BQUIPMENT MAINTENANCE
100 I
I. EQUIPMENT PURCHASE 400 i
J'. COMPUTER EXPENSE 9500 f
L. INSURANCE
2,400'
M. AUDIT 100
N, CHECKING/BANK CHARGES
0
O, MISC.
20x550
I OPERATING TOTAL
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ODAC 199192 Budget fi
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~ Cit CauriaiZ presentation
712 / 91 K,
Page 4 of 7
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BUDGET 91--92
III. FACILITIES
A. VICTORIAN COTTAGE
1. Maintenance 1F300
2. Furniture/Fixtures
I
B. CENTER FOR THE VISUAL ARTS
1. Building Repair/Maintenance 11000
2. Janitorial/Buildinq Supplies 5r000
3. Machinery/emu ipment
4. Furnishinge/Fixtures 1 000 "
5. Rental security °400 I
6. Improvements 7 300
7, Deposit refund
C. ARTS COMPLEX 0
D. GROUNDS AND PROPERTY
i
1. Exterminator 600
2 200
2. Groundskeeping 0600
3. Building Security
1 4. instruments 100
5. Misc. g y 300
#22,000
i! FACILITIES TOTAL
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ODAC 1991-92 Budget
Cott Council Presentation
fP
7/23/91
~I ITS
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BUDGET 91-92
IV. PROGRAMS/SERVICES
A. MEADOWS GALLERY
1. Meadows Exhibitions 3,100
2 Permanent Collection 200
3. Materials Hard & Soft 91 61350
4. Materials Hard & Soft 92 1,700
5. Exhibition Supplies 200 i
B. INFORMATIONAL
1. Newsletter 10100
2. Informational Publications 0
C. EDUCATIONAL
1. Workshops/Classes 200
2. AIE Program 61200
3. Texas Wildflowers 20700
4. Other Educational Programs 0
D. COMMUNITY PROGRAMMING
E 1. Performing Arts Events 31,000 ¢
2. Festival of Carols 10500
3. Misc. 0
E. ADVOCACY AND RECOGNITION
1. CARA
2. Advocacy 2~30D
F. GRANTS PROGRAM 17,000
G. MEMBERSHIP
1. Membership drive 11300
2. Misc. Membership 250
H. FUNDRAISING EXPENSE 1,400'
PROGRAt''~S/SERVICES TOTAL 48j500
TOTAL EXPENSES 186,922`
ODAC 1991-92 Budget
j y/2y/c1anotl t,rv.i4a,tatlon
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SUMMARY
BUDGET 91-92
Income Earned 43,400
Income unearned 143,950
Income Total 1870350
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Expense Administrative 95,872
Expense operating 204,550 j°
Expanse Facilities 22,000
Expense Programs 48,500 !
Expense Totals 186,922
NET 428
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7% Council Presentation
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GREATER DENTON ARTS COUNCIL k-
FINANCIAL STATEMENTS i'
AND
INDEPENDENT AUDITORS' REPORT
JUNE 30, 1990
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TABLE OF CONTENTS
Basic Financial Statements
s
independent Auditors' Report • • • 1
Statement of Assets, Liabilities 2
and Fund Balances (Cash Basis). . . . . . . • . • • • • • • • ,
Statement of Receipts, Disbursements 3_q i
•
and Changes in Fund Balances (Cash Basis) .
Notes to Financial Statements•
5-6
e„nniementary Information
independent Auditors' Report ~r
on Supplementary information. • • • • • • • 8
Statement of Receipts and Disbursements; The Arts Guild 9
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MEMBERS
AMERICAN INDTITUTE of
MEMBERS CERTIFIED FUSUO ACCWNTANTS {
TEXAS SOCIETY OF
E CERTIFIED PUBLICACCCUNTANT9 HAr{KI;•IS, POWERS, EASTUP, SOEATON & T~NN -
A Profesetonal Corpo*"
I CERTIFIED PUBLIC ACCOUNTANTS
I 902 NORTH LOCUST • P.O. BOX 977
i DENTON, TEXAS 782020477
8AT-3874563
_i
•f INDEPENDENT AUDITORS' REPORT
Board of Directors
Greater Denton Arts Council "
1
Denton, Texas
statement of assets, liabilities t
We have audited the accompanying
~y and fund balances
of)Junet30,G199D randntthe relatedustatement of }
zationh basis)
nonprofit organi ) as t
receipts, disbursements and changes in fund balances (cash basis) for the
year then ended, These finarcial statements are the responsibility of the
Council's management. Our responsibility is to express an opinion on
these financial statements based or, our audit.
We conducted our audit in accordance witianeandaperformethed auditttog
plan
standards. Those standards require that we
teare
' obtain reasonable assurance about whether the financial statements
'
st
I. An free ofematencelsupportingethe amountsiandndisclosuresjinnthe financial i;
basis, i 1 statements, An audit also includes assessing the accounting principles
;s
} used and signifancialEstatementmprese n tattion, evouraluataudiing
the overall financ
provides a reasonable basis for our opinion.
t andCdisbur.sements~s ThisfbasisiIs statements
I As described sh receipts
on the basis of a
than generally accepted accounting
si., of accounting other 0
ba
comprehensive
principles,
In our opinion, the financial statements referred to and present
fairly, in all material respects, the assets, l1abilitles i
1990, and its
balances of the Greater Denton Arts Council as of June 30,
receipts, disbursements, and the changes in its fund balances for the year
then ended, on the basis of accounting described in Note 1.
`f~tHT ~ ~ 1. C
Hankins, Powers, Eastup, Denton & Tonn
i A Professional Corporation <F.
Certified Public Accountants
September 21, 1990
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GREATER DENTON ARTS COUNCIL
STATEMENT OF RECEIPTS, DISBURSEMENTS AND CHANGES
IN FUND BALANCES (CASH BASIS)
FOR THE YEAR ENDED JUNE 30, 1990
fixed
General Building Assets
Fund Fund Fund _ TOTAL
1.
. I n Receipts: I
- dues $ 21,645 $ 21$645
Membership support 12,874 $ 200 13,074 I ,
Other contributions 102,422
Hotel/Motel tax 129211 509211 j
37,667 37.667
Grants 11,264 17;264
! Rental of facilities 11,121 11,121 r
I Program income 38,893 38,893
Fundraising 1,669 1,669
l Commission on sale of art 6$65 25,415 31,720
Interest on investments 1 8421 842
Other income Zv
2 ,49 7 26 -0- 7+317
Total Receipts
Disbursements:
Grants 29,570 29,82
Program expense 29,829 20872
Fundraising 21872 71,230 i
salaries and contract labor 71,230 51099 !
Y payroll tax 5,099 6,147
Medical insurance 6,147 1,379
Travel and expense account 1,379 4,590,
Membership and newsletter 4,590 81749 81749
Insurance 1,058 1,058
Janitorial expense 41432 4,432
Maintenance and repairs 2,517 2,517
1 Telephone 21600 2,600
Professional fees 2,137 2,137 {
Postage 2,897 24897 ii
Office supplies 639 639 it
Due, and subscriptions 718 718
Advertising 21634 2,634
MiSCeI10ne0us 11082 11082
i Purchase of fixed assets 13,764 13;764
` Artist-in-Education Program 193,94 `U- fl 3,g 3
Total Disbursements
3 ?
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GREATER DENTON ARTS COUNCIL
LIABILITIES AND FUND BALANCES
I STATEMENT OF ASSETS, CASH BASIS)
} JUNE ;;O 1990 i'
Fixed
_ Assets i
General Building TOTAL
Fund F____und
F_ uU nd
AS_ 5_ ETS $ 10,297 •
$ 10,297 1
Cash in banks 838,649
65,303 $373,346 i
Investments (Note 2)
$12~ 531
Fixed Assets (Note 3)
$
$37~ 3 346 $1 254,831
$ 7_-
TOTAL ASSETS
$ 931
LIABILITIF`, AND FUND BALANCES $ 931
payroll tax liability (Note 4)
x_3. $1254 1.1702
f~
74,869 $37,
Fund Balances
373,346 $1,254,831 $1,7 3 1_1_1
TOTAL LIABILITIES AND 7 r
FUND BALANCES
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s r
statement.
an integral part of this
accompanying notes are
The
n.
1
GREATER DENTON ARTS COUNCIL
P
STATEMENT OF RECEIPTS, DISBURSEMENTS AND CHANGES
_ IN FUND BALANCES (CASH BASIS) - CONTINUFD
FOR THE YEAR ENDED JUNE 30,1990
k
Fixed
General Building Assets
Fund Fund Fund TOTAL
Excess Receipts over $
Disbursements 7,548 $ 15,826 $ 83,374
I f 1
j ~
Fund Balances,
July 1, 1989 67,121 297,520 $1,252,649 11617,490
Fixed Asset Additions 1,982 11982
Fund Balances,
June 30, 1990 $ 74,669 $373,346 $1,2541831 1j711 ,141
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The ucouipvying notes are an integral part of this statement.
4
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t GREATER QENTON AR~ T_ S_ C_
TE
NOTES TO FINANCIAL STATEMENTS
JUNE 30, 1990
NOTE 1 -SUMMARY Of SIGNIFICANT ACCOUNTING POOenton Arts Council (GOAC) have been
The financial statements of the Greater Oent uently, certain revenues are
prepared on the cash basis of accounting. and certain expenses and
ofhasset s reivedrecognirather ddisbursed rather than when the
recognized
purchases is incurred. FinaDCiresenttfinancial position andsresults of i
accounting are not intended p accepted accounting principles. 9
operations in accordance with generally
I
The accounts of the Council are maintained in accordance with the principles '
accounting. This is the procedure by which
of fund reouinto funds
purporting rposes. Purposes established according I
purposes are classifietoftheircnaturegand and
The assets and fund balances of the Council are reported in three
self-balancing fund groups as follows; t
-General fund, representing the portion of resources available for
- support of operations;
Building fund, representing the doother facilities~relatedicted for
construction, improvements,
expenditures;
-Fixed asset fund, accounting for the cost of all capital-related
expenditures and major donated capital items.
Arts include the
held
s Of Denton
AG) aemembereorganization. Council include
The financial statementT
sing for the Arts
activity of The Arts Guild (
b TAG provides the primary source of fundral
been eliminated for
a annually Y
The activitin of TA (incmentary
LJ I Council. Transactionasbctffinancia~ statements$ have
„v presentation the b
J informations isectionhofAthisCreport? is presented separately
t
NOTE 2 INVESTMENTS
The Council's investments fodepositfinaludemtheefollowings and certificates
of deposit. The certificates o Interest Rate '
Matur i t
Amount
f 03.05-91 7.70%
$25,329 7.75%
69-21-90
$55,634 7,45% 1.
09-06-90 $50.000 09-01-90 7,55`d
$50,000 11-01-90 7.50%
$50,000 7.50%
11-27-90
$509000 09-08-90 7,35%
8.03%
$70,000 09-08-90
$ 40085
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GREATER DENTON ARTS COUNCIL
NOTES TO FINANCIAL. STATEMENTS-CONTINUED
JUNE 30, 1990
NOTE 3 - FIXED ASSETS
Following is a summary of the Council's fixed assets;
? Buildings and improvements $ 843,382
j Land 2180750
Construction in progress 82,587
Furniture and equipment 46,747
Tj Permanent art collection 63,365
The cost of the buildings and improvements includes expenditures of the
Council to renovate the Center for the Visual Arts. This building currently
houses an art gallery, rehearsal hall, reception hall and studios. The cost
also includes the donation and renovation of the Victorian Cottage, which houses ~r
the administrative offices.
The cost of the land represents the appraised value, as of January, 1983, of
land donated to the. Council by Newton Rayzorl The Council owns a one-half t
interest in a 35-acre tract of land located on Loop 208.
The construction in progress represents architect fees and contractor fees
for the J. N. Rayzor Center for the Performing Arts. The total construction cost
is estimated to be in excess of $1,000,000. Completion of this project is
contingent upon the sale of the land described above.
The art collection is valued at the approximate market value of the donated
items at the date they were given, The collection consists primarily of works
valued at $600 or less, However, the collection also includes three sculptures t
donated to the Council by the Meadows Foundation. These Items comprise approxi
! mately two-thirds of the value of the collection.
r,
Note 4 - PAYROLL. TAX LIABILITY
This liability represents taxes withheld from salary checks issued before the
end of the year. The tax liability representing the Council's tax expense for these 4
checks is not included in this total, since the statements are presented on the
I cash basis, The liability was paid subsequent to June, 1990. t
-.a NOTE 5 - COMMITMENTS
On September 1, 1981, the Council entered into a 25-year lease agreement
I with the City of Denton for two buildings. These buildings are the present
Center for the Visual Arts and the future J. N. Rayzor Center for the Performing
Arts, The Council pays a minimum of $1 a year for the use of the buildings. The
City pays a portion of the operational expenses.
64
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SUPPLEMENTARY INFORMATION
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MRS
TEXAS METY OF AMERICANAINSMWE OF
CERTIFIED PUBLIC ACCOUNran,s HANKINS, POWERS, EASTUP, DEATON & TONN eEarlFieorueucacccwNUNTS
A Professional Corporation
CERTIFIED PUBLIC ACCOUNTANTS
902 NORTH LOCUST • P.O. BOX 877
DENTON, TEXAS 78202A977
017.387.8583
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INDEPENDENT AUDITORS' REPORT ON SUPPLEMENTARY INFORMATION
,
Board of Directors
Greater Denton Arts Council
Denton, Texas
Our report on our audit of the basic financial statements of the i
}
Greater Denton Arts Council for the fiscal year ended June 30, 19895
appears on page 1. That audit was made for the purpose of forming an r
opinion on the basic financial statements taken as a whole. The state-
ment of receipts and disbursements for The Arts Guild is presented for ;
purposes of additional analysis and is not a required part of the basic
financial statements. Such information has been subjected to the auditing
procedures applied in the audit of the basic financial statements and, in
our opinion, is fairly stated in all material respects In relation to the
basic financial statements taken as a whole,
` Hankins, Powers, Eastup, Deaton &'Tonn
j j A Professional Corporation
J Certified Public Accountants
I
September 21, 1990
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GREAT DENTON ARTS COUNCIL
y STATEMENT OFFORCTHETYEARDENDEDUJUNEE30S 1990E ARTS GUi10
i
i(
i Receipts; $ 3'165
Membership support -dues 995
Other contributions 375470
Fundraising auction 3,601
Interest 57 ;
Miscellaneous income $ 45,288
i
Total Receipts '
Disbursements: 46, 000 1
i
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Grants - GDAC 1,671 Fundraising - auction - other 937 '
Membership and newsletter 600
1,600 ~
professional fees ( .
postage 718
Advertising 120
Office supplies 200 f'
1125
Insurance 1 52,638
Miscellaneous
Total Disbursements $ 7 350)
Excess of Disbursements over Receipts f
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k See Report on Supplementary Information
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ASSOCIATION
NORTH TEXAS STATE FAIR _
PROPOSED BUDGET
i
FOR THE FISCAL YEAR
OCTOBER it 1991 TRRU SEPTEMBER 30, 1992 y
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NORTH TEAS STATE FAIR ASSOCIATION
PROPOSED BUDGET !
FOR THE FISCAL YEAR OCTOBER It 1991 THRU SEPTEMBER 30, 1992
Projected Proposed
Actual Expenses Total Budget
10/1/90 - 6/30/91 7/1/91 - 9/30/91 10/1/90 - 9/30/91 1991-1992
Revenue $ 41,748 139700 $ 551448 S 56,000
i
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Expenses:
Salaries $ 31,398 S 60581 S 37,979 S 360000
Printing 3,715 2,150 5,865 79000
Advertising 113 61000 61113 7y100
Travel 10800 600 21400 2,400
Postage 641 600 10241 1,400
Office supplies
and expense 16 300 316 400
Telephone 849 600 1,449 19500 !
Office equipment
maintenance 200
Total $ 38,532 16,831 S 551363 5 56.000
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NORTH TEXAS STATE FAIR ASSOCIATION
SUPPLEMENT TO PROPOSED BUDGET
I FOR THE FISCAL YEAR OCTOBER 1 1991 THRU SEPTEMBER 30 1992
Salaries - An Executive Director and assistant are employed, Basedinn
time spent promoting tourism, ~
budget.
Printin - Catalogs, posters, leaflets, etc. promoting Denton and the
North Texas State Fairground facilities. Items are distributed
in Texas, Oklahoma, Arkansas, Louisiana and New Mexico.
Advertising - Road signs, newspapers, radio, monthly publications, etc.
Travel - Attend meetings, shows, seminars and other activities to
promote tourism in Denton.
l - Mailing catalogs, posters, leaflets, etc, as well as`corre-
spondence to follow up inquiries received at meeting., and
through the mail.
6ffice Supplies - General supplies to maintain an efficient office.
l Telephone - Necessary to maintain communication.
Office Equipment Maintenance - The office equipment includes a computer, ;
typewri er, copy machine and adding machines that must be i
r efficient in good condition focient use.
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ll•Ju•91 fiauoitl Nteott 1990 .
ti 01:16 tN by iebert little i Jilt 141106
Nantlt r) Jan lob Nar Ipr ils? Jan III log lip Oat -Vol Ono., n14
f80JECf to 101
r
tlnooaet
oeaatieaa to Io to 9o Io 1P 1P to so to 11' to
hit 6919 926 10 .01 60 10 10 10 10 00 6114%'' '10 tit:
fait 1190 10 1156 111336 11,110 16.190 Milo U.111 11111,171 916,131 1111 ; 1666 all' 9111,1IS
Nth Nnbor pots 10 10 t0 1100 10 1100 10 110 10 90 it to tilt
life Ittl 10 11 111 its 10 9o 111001 oft 11 'If. 99 11,612
3tatils 911988 11,225 11,410 13, t!' 11,211 11.1 4S Ii,S13 11,311 It10 11,900 11,1!0 11.410 1331186
Tostis6 IO 110,131 W13 10 1101061 I2,CJ6 to 116.631 to 1111 111,011 11039 1S110?
..1 i
Total Iacono 11631 1111611 16.111 l4,1o8 115110 161191 16112191191361 116,160 96303 911,317 13,914 12311220
Ott 111,131 Ott 12(.719 Ott 1191631 Ott 131.113 '
rlrptns+t r ~
It" Coster 1o t0 10' 10 it t0 10 10 t0 11 11 t0 10
ltmWe Dit+oter It to t0 S" 10 t0 13.333 13,333 t0 IO to 139113 1111000
j
pair 1911 10 10 to 10 to to t0 10 to to 'll 0 10
fair 1191 lift 1110 1600 lilt 131151 13,560 16,110 1110,360 111,136 16,111 1332 01 0166.112
Isurnen f0 t0 10 t0 t0 f0 90 tiM# 10 00 11 11 li,lti
Nsbt+auo+ 1630 !tit 1160 till 1519 IS23 11,111 1353 1111`66 1614 110 1133 t1,161
Nubttabl► t9 t0 It 123 6 to . 10 lot' to t0 11 10 9111 i
I Nile 10 161 : 10 10 t0 to 10 1160 Ill 1311 10 1336• ' 110311 i
1 tkbtflattrat lip 10 t0' t0' t0 90 1o t0 10 t0 11 •11 too, t0
Mile 111103 NI ' -113 11.169 1366 t2S6 11,616 Ill till 11,331 11 His 11,it'
orlulsitiou to 1116 160 10 10 to 10 10 , 10 • 14116 03{0 1100 111080
' f0srta
Nunptnt 13,133 !3.333 131333 13,313 13,331 13,171 10 to 13,331 11.313 of 660 Itit011 '
Office 111011 11111 110013 11,013 11,083 91,011 11,013 11to13 Iltm 11,011 $I As 11,03• 113,9!3 ;
Eapig6rot 90 t0 10 10 10 10 t0 10 to 00 11 to 60
1 Utilities !1.111 311320 91,311 11-412 111949 111216 11,001 11.119 40 tilt' 003 11,101 1111012
Total lipent If,fi6 66,604 $$,to$ Will 11,911 110,969 113.933 1116,101 110x161 111,111 11,161 $It14N4 till Ott 110,116 Ott 129,160
Ott 1113,10 Ott 1111624
t ~
Net 140064 36,1411 111013 (11,1161 (51.1301 16.112 19(,4191 161,1961 111,114 lilt?") 111,11111130#11 1131101) 131.64
1:11::7 1:::111 :1:::: tt::t: 11611S.6 33a: "MI t3US :03341 . 1:20, turn ::al31 1:511`: 1
Ott 111/1511 Qtr 1!2,1361 Ott 011,111 Ott 11,111101M $,It%'
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CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: Proposed Campus Theater Lease between Greater Denton Arts
council and Denton Community Theater
DATE: July 23, 1991
BACKGROUND:
The City of Denton and the GDAC signed an agreement in October 1990
which was negotiated between a City Council sub-committee of Jim
Alexander and Bob Gorton and representatives of the GDAC regarding
the Campus Theater.
The City agreed to pay utility expenses and a portion of
maintenance expenses for the old Campus Theater which GDAC
purchased. The agreement also states that payment of the
Hotel/Motel Tax for the GDAC Building Fund will terminate March 1,
1992. The GDAC will allow the Campus Theater to be used for public l
use to be specified in the contract and the City will also receive
appropriate recognition in GDAC publicity.
i
SUMMARY:
The Greater Denton Arts Council has provided the City with a copy 4
of a lease agreement between GDAC and the Denton community Theatre ~
for the Campus Theater. This agreement allows DCT to lease and
manage the Campus Theater.
The City/GDAC agreement states In Section VII A that the agreement
may not be assigned but does allow a member agency to manage the
facility with the city's approval. Allowing a member agency to
manage the Theater is also consistent with the discussions between
the City subcommittee and GDAC representatives.
CITY/GDAC Agreement
VII. A. Assignment, GDAC shall not assign this Agreement,
provided however, that GDAC may, subject to the CITY's
written approval, execute an agreement with one or more
of its member agencies or representatives therof to
manage the Theater.
The language of the GDAC/DCT agreement states in section 4.5 (a)
corresponds to the City/GDAC agreement. The provisions of the
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GDAC/DCT Lease
July 23, 1991
Page Two
DCT/GDAC lease are not in conflict with the provisions of the
City/GDAC agreement, Copies of both agreements are attached.
FISCAL IMPACT:
1
None.
PROGRAMS. DEPARTMENTS OR GROUPS AFFECTEDt
i
Greater Denton Arts Council, Denton Community Theater, and the
citizens of Denton.
RESPECTFULLY SUBMITTED,
Llo d , Harrell
city Manager
Prepared by:
I
Catherine E. Tuck
Administrative Assistant
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1I`
AGREEMENT BETWEEN THE C1rY OF DENTONp TEXAS
AND THE (TREATER DENTON ARTS COUNCIL
i
THIS AGREEMENT is made on this the I day of October, 1990,
between the City of Denton, Texas, a municipal corporation (the
"CITY"), and the Greater Denton Arts Council., a non-profit
corporation incorporated under the laws of the State of Texas (the
r "GDAC"). k .
$$C I T1l~#~ ~
i
WHEREAS, the GDAC is a non-profit ccrpoL,.jtion dedicated to the
promotion and provision of artistic perfurrmances of all kinds for
citizens of Denton; and,
the
the benefit of
WHEREAS, the GDAC has executed a contract for the purchase of 'i
real property, together with the improvements thereto, located at
200 West Hickory, Denton, Texas, (the "Theater"), for the purposes
of restoring and refurbishing the Theater, through the use of
privato funds, and utilizing it to provide the citizens of Denton j
with artistic performances and presentations of many kinds
including, but not limited to, music, theater, and dance; and, i`
WHEREAS, the GDAC has agreed to allow the CITY to, use the
Theater for the purpose of holding public events, including public
meetings, events held in connection with the Denton Main Street
Project, and events sponsored by the CITY'S Parks and Recreation
Department; and,
i
WHEREAS, the City Counoil of the CITY finds that the GDACIS
po.%rformanre of the terms of this Agreement will benefit CITY'S
citizens in a manner consistent with the type of benefits histori-
cally provided to citizens of municipal governments; and,
WHEREAS,'the GDAC having agreed to refrain from requesting,
during the term of this Agreement, any extension or renewal of its
existing contract with the CITY for the payment of certain hotel
tax revenues collected by the CITY, or any other hotel tax revenues i
for the purpose of restoring and refurbishing the Old Steam Plant;
NOW, THEREFORE, in consideration of the performance of the
mutual covenants and promises contained herein, the CITY and the
GDAC agree and contract as follows.
I. COVENANTS OF GDAC
A. Use of Premises. GDAC agrees to use the premises for the
purposes of conducting meetings and other events (including fund
raisers) of its member organizations, and conducting artistic per-
formances, including any rehearsals thereof, for the benefit of tho
citizens of Denton. GDAC may also rent the Theater in accordance
with the terms contained herein.
PAGE 1
AtSltii GY~f
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GDAC will not permit Theater to be used for any event or in any
manner which will violate City ordinances, for any unlawful or
commercial purpose, except in accordance with the terms of this
Agreement. GDAC shall adopt rules and regulations governing energy
conservation in the Theater and rental of the Theater, which shall
be approved by the CITY.
In the event GDAC should rent the facility to a non-member, non-
public uiganization or individual, GDAC shall notify CITY of such
i rental in writing. In such event, CITY shall receive a credit
against its monthly payment obligations under Article TIT. A. Each
such credit referred to in Article III. A. as "utility rental I
charge" shall be equal to one-thirtieth (1/30) of the amount of the
CITY'S obligation for the succeeding month.
B. City Use. GDAC agrees to permit the CITY, its agents,
officers and employees to utilize the Theater, without charge, for
I the purpose of holding city-sponsored events, including city-
sponsored public meetings of any and all kind, events held in
connection wit), the Denton Main Street Project, and events
sponsored by the city's Parks and Recreation Department.
CITY agrees to cu;nply with the scheduling requirements applicable ~
to GDACIB member organizations and recognizes that it will not have
the right to preempt an event previously scheduled.
C. Additional Consideration.
i
1. GDAC agrees it will not request an extension or renewal
of its existing contract, authorized by ordinance 90-034 of the
city Council, or request additional payment of hotel tax
revenues to GDAC for the purpose of renovating the old Steam
Plant.
2. GDAC represents and warrants to CITY that it has not
expended any monies received from CITY'S hotel tax revenues for
the acquisition of the Theater, and agrees that no such
revenues will be expended on the Theater during the term of
this Agreement.
3. GDAC agrees to recognize and acknowledge the financial
contributions of the CITY to GDAC in publicity literature
prepared and distributed by GDAC, including, but not limited
to, theater programs, press releases and pamphlets,
4. GDAC agrees to pay when due all utility bills, taxes,
licenses, permit fees, or any other fees rendered or levied
against the Theater.
5. GDAC agrees to work with CITY to design and implement
programs which will further the public purposes of this Agree-
meet!
PAGE 2
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II. TERM
The term of this Agreement shall be we fiVemidnight rs,
commencing October 15, 1990, a
September 30, 2015, provided however that if CITY is unable to
appropriate funds for subsequent fiscal years to continue the
funding provided for in Article III hereof, CITY may terminate thii
Agreement at the end of the then current fiscal year and shall not
be obligated to make further payments under this Agreement. Eau': ;
annual period of this Agreement shall commence onOctober 1 and
continue through September 30 of the succeeding year.
III. COVENANTS OF CITY
1991, and continuing
A. Utilities. Beginning October 1,
e through the billing cycle for the period including September 30,
1993, CITY, in consideration of the services performed by GDAC, ated upon agrees to reimburse GDAC monthly a sum calculf
Dent n Ut litutility
services provided to the Theater by City ixed annual allotment of
tone Star Gas Company based upon a
electricity, water, solid waste volume and natural gas, as
f reflected on Schedule "A", attached hereto and incorporated by
reference herein.
the CITYIS monthly payment
Shou14 GDAC rent the facility,
following the rental date shall be credited in an amount equal to
the utility rental charge as defined in Article I. A.
Not later than May 31, 1. 993, GDAC shall meet with CITY'S
an Ma t
representatives and mutually agree to
commencing with the tfirst
consumption to replace Schedule "A",
billing cycle after September 30, 1993, for the remainder of the
term of this Agreement. The schedule shall be calculated base
upon the Theater's utility consumption during the e to ua new
years. if the parties are unable to mutually
schedule of consumption, the decision of the CITY shall be final.
B. Other Payments. Commencing October 1, 1991, CITY shall
reimburse GDAC for expenditures made to pay for repairs to the
{ Theater. such expenditures shall be reimbursed only if CITY has ;t
approved reimbursement prior to the performance of the repairs. i
During any annual period of this Agreement, as set forth in Article
I'I., the CITY shall not pay to GDAC more than $5,000. It is agreed
that the CITY will not approve reimbursement for j
expenses or expenses incurred to remove asbestos or other hazardous
substances from the Theater premises. Payments made under this
,
or mending Theater reimbursing fixturesDAC for expenses
repairing sole purpose of
section a
incurred in
The total sum of all amounts paid by CITY pursuant to Section
III. through the billing
as cycles a credit gainstitheiClTYaSnobliga-
31, 19 992 shall be applied
tions set forth in Article III. B. By way of example, if the CITY
PAGE 3
I
1
were to pay $13,000 to GDAC for utility services through the
billing period including March 31, 1992, the CITY'S obligations
pursuant to Article III B. would not commence until October, 1993
and the CITY would be obligated to pay not more than $2,000 during
the following year.
C. Energy Efficient improvements. CITY recognizes that aDAC
may choose to invest a minimum of $75,000, the first $25,000 of
which may be used for general repairs and improvements, for the
purpose of constructing major structural or equipment improvements i,
to the Theater which, in the opinion of the CITY: (1) are energy
1 efficient; or (2) will extend the life of the building for a number ;
i of years.
Should aDAC expend $7,,000 for improvements to the Theater, the
CITY'S obligation under Article III B. shall be increased to
en
provide for approval ses to repair the building
of payment for ex p
m p
in an annual amount not more than $7,500 if: ;
1. GDAC has submitted the plans for each proposed improve-
ment included in the $75,000 svm to CITY;
2. CITY has determined that construction of each such im-
provement would meet the requirements of this sectiont
and
3. GDAC provides the CITY with proof of payment for con- ~
struction of each such improvement on or before September
30, 1993. j
If any of the improvements constructed include goods donated or t
services performed by individuals or organizations which are %
engaged, in the normal course of business, in selling such goods or
performing such services, GDAC may submit proof of the Aonation of
such goods or services and an opinion as to their market value to
CITY CITY shall then determine the market value of such goods or
.
services aizd shall apply said amount as a credit against the
$75,000 requirement.
IV. TERMINATION y
A. Default. Should GDAC breach or fail to comply with any
provision of this Agreement, such breach shall constitute an Event {
of Default on the part of GDAC. If an Event of Default occurs, the
CITY shall give GDAC thirty (30) days to remedy the breach. If the }
breach continues after thirty (30) days, the CITY may terminate the ;
Agreement immediately upon written notice and shall not be
obligated to make any additional payment to GDAC. However, if the
breach cannot be cured within 30 days after notice, but GDAC has
undertaken, in good faith, to carry out a plan to cure the breach,
and provides CITY with proof of such efforts made in carrying out
the plan, GDAC shall have additional time to complete said plan to
PAGE 4
V
cure the breach in accordance with the plan, as approved by the
CITY.
i
B. Unavailability of Yunds. The payment of money by CITY under
this Agreement is contingent upon the availaDility of funds
appropriated to pay the sums pursuant to this Agreement. In the
event funds become unavailable due to non-appropriation, CITY may
notify ODAC in writing and terminate the Agreement.
0. other Events. This Agreement shall automatically terminate
upon the occurrence of any of the following eventss (1) If the
Theater is damaged or destroyed by fire or other casualty to such
an extent that in the CITY'S opinion the continued operation and
use of the Theater is not feasiblei (2) The termination of the
corporate existence of ODAC) (3) The insolvency of BDACl, the filing
of a petition in bankruptcy, either voluntary or involuntary, or an
assignment by ODAC ^or the benefit of creditors] or (4) The sale of
the Theater.
D. Termination by ODAO. ODAC may terminate this Agreement upon
~0 days written notice to CITY.
f
V. R!!1>ORT8
QDAC shall furnish to the CITY a report of the :services
performed by the GDAC tinder this Agreement within thirty (30) days
after the end of each fiscal quarter of this Agreement. such i
reports shall summarize the activities of the ODAC in performance
of the services specified in Article I and enumerate expenditures
and receipts for the preceding quarter, ODAO shall also notify '
CITY in the event any lion is filed against the Theater premises in
the Denton County Real Property Records.
ODAC shall provide CITY and its Executive Director of Finance
or his designee with full access at all reasonable times to the
Theater and to the books and records of the ODAC which may relate
to the Theater.
V I . INDMIXI MATION
A. Indemnifioation. aDAC agrees to indemnify, hold harmless,
and defend the CITY, its officers, agents, and employees from and
against any and all claims or suita for injuries, damages, loss, or
liability of whatever kind or character, arising out of or in
connection with the performance by the ODAC of those services
contemplated by this Agreement, including all such claims or oauses
of action based upon common, constitutional or statutory law, or
based, in whole or in part, upon allegations of negligent or
intentional acts of ODAC, its officers, employees, agents,
contractors, licensees and invitees.
8. Insurance. QDAC shall obtain and maintain general public
liability insurance in the amount of not less than $1,000,000.
PAGE 5
I
'f
F
such policy or policies shall be issued by companies licensed to
e CITY as
transact business in the Gstate hall esubmiand roof of suchhinsurance
an additional insured.
satisfactory to CITY. Any policy or policies must include 30 days
notice by carrier to the CIVY of its intent to cancel, materially
change, or refuse to renew coverage provided, CITY reserves the
right to adjust or increase the liability insuran einamounts sura required of GDAC, and GDAC requires; pto meet rovid d ahowever,
that any
requirements as CITY may ay u '
requirements shall be commensurate with insurance requirements at
other public use theaters similar to the Theater, in size and in
scope of activities, located in Texas. GDAC agrees to comply wwith
ire )
all adjusted insurance requirements that the CITY may require
within sixty (60) days following the receipt of a notice in writing
from CITY stating the adjusted requiremento,
C. Benefit. This Agreement is entered into for the benefit of
CITY and GpAC only and is not intended to benefit third parties.
,
VII. STATUS or PARTIES
it is understood and acknowledged by the parties that the
relationship of GDAC to CITY is that of an independent contractor.
GDAC shall have no authority to employ any person or employee or
agent for or on behalf of CITY for any purpose.
VIII, MISCELLANEOUS
A. Assignment. GDAC shall not assign this Agreement, provided ~
however, that GDAC may, subject to CITY'S written approval, execute
an agreement with one or more of its member agencies or representa-
tives thereof to manage the Theater.
at Notice. Any notice required to be given under hie
Agreement or any statute, ordinance, or regulation, shall
affective when given in writing and deposited in the United States
mail, certified mail, return receipt requested, or by hand
delivery, addressed to the respective parties as followst
x areatqr- Dent )A
t
City Manager Exeoutive Director
City of Denton Greater Denton Arts Council
215 E, McKinney 207 South Bell
Denton, Texas 76201 Denton, Texas 76201
C, Applioation of Lavo4 All terms, conditions, and provisions
of this Agreement are subject to all applicable federal laws, state
laws, the Charter of the City of Denton, all ordinances passed
pursuant thereto, and all judicial determinations relative thereto.
ire
Do ZXOIUOiV* standing and goon constitutes the Agreement nagreementsbethe tween tthe
€
understanding
PAGE 6
r
parties hereto concerning the subject matter contained herein.
There are no representations, agreements, or understandings, oral
or written, express or implied, between or among they parties
relating to the subject matter of this Agreement, which are not
fully expressed herein. The terms and conditions of this Agreement
shall prevail notwithstanding any variance in this Agreement from
the terms of any other document relating to this transaction. This
Agreement shall not he changed or amended except by instrument in
writing executed by CITY and QDAC.
H. Headings. The headings and subheadings of the various
sections and paragraphs of this Agreement are insorted merely for
the purpose of convenience and do not express or imply any
limitation, definition, or extension of the specific terms of the
r, section and paragraph so designated.
i F. Notice of Meetings. GDAC shall give CITY'S City Manager
advance written notice of the time and place of general meetings of
the QDAC Board of Directors. Such notice shall be given in the
same manner and at the same time as notice is given of such
meetings to members of the board. CITY'S City Manager, or his
designee or any city Councilmember may attend any board meeting at
which any matter relating to the Theater is scheduled for discus-
sion.
G. Nondiscrimination. 0010 agrees to comply fully with all
applicable federal, state and local laws, and rules and regulations
promulgated thereunder, regarding nondisoriminaticn. Specifically, E
GDAC agrees that no person shall be denied or refused service or
i other full or equal use of the licensed facilities, nor denied
I employment opportunities by GDAC as a retiult of race, creed, color,
religion, sex, national origin, age, or handicap unrelated to f
I ability.
H. Nonwaiver. The waiver by CITY of any breach of any
provision contained in this Agreement shall not be deemed to be a
waiver of such provision for any subsequent breach of the same or }
any other provision.
1. Compliance Nit'b Laws. GDAC shall comply with all applicable
federal, state and local laws, rules and regulations.
Executed this the day of 1990.
CXTY OF DENTON
r
BOB CASTLrURRY, MAY R
PAGE 7
V
ATTESTS
JENNIFER WALTERS, CITY SECRETARY
BXs
i
APPR ?ED AS TO LEGAL FORMS
DEBRA Ak DRAYOVITCHr CITY ATTORNEY
f
BYs
k`
GREATER DENTON ARTS COUNCIL
By l lI JOAN WHEELER, PRESIgENI }
ATTESTS
1
BY s
1CE T SCHROEDER, SECRETARY s
a'
f
I ,
PAGE 8 r"
'i
,
4.rna
SCHEDULE "All
I, II. 121
Utility Service Annual consumption Monthly Usage
. glect.rioity 180,000 KWH consumption 150000 KWH i
loo KWH i,
Water & Sewer 1000000 gallons 81333 gallons
NAtural Gas 750 cubic feet 62.5 cubic feet
f
i
on or before the 5th day of each month, CxTY shall pay QDAO a sum a ual
to the utility billing for the consumption of the utility services
enumerated in Column TIT,
The u2TY shall pay all regular monthly charges from the City of Denton
for removal of solid waste. F
i
1
f
c
f
1
4
;
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Y°.
s
i
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~►l/ I(°~` 1 61991 I~
Clfr t'r tilr';j° "a
~g Cl~rrrnrt~r~l,t~rll~
GR~ON ww
~T
Tor Aoum sELL
DfNTUN, TX IW1
1e+71 w-2?67 July 16, 1991 !
{
DIREcTORs r.
lo Ann wheeler MEMO TO; Lloyd Harrell, City Manager i
Preal lent
Joancolley FROM., Herbert Holl, Executive Director, GDA ~
Vke I't"Ident
Ina A ked RE; Campus Lease
We Preetdent
Fred Patterson
Vkerrwldent According to the citylGDAC Campus Theatre contract (Ordinance
Rant BeWey
secrewy 90.151), the city was to look at and approve the lease agreement
Carol roalur°'
T'reeaueer between GDAC and DCT. It is enciosed for your consideration
and approval, Once approval is forthcoming, please contact and i'
rail: Any a and I will provide an original for the city representative to sign
Handam Urn" (see page It of lease), Also enclosed are the Campus Energy
wor MY
NOYcooPrehnd Usage Ouidelinesr it was developed with the helpful assistance of
! Melanleaes,nll< Richard Foster.
RobtA Retea '
. -
I ctorglerough
Thank you for your attention to this matter.
J' aMllle7
' ~ Exba~alllaeer
Anita Roberson1
Rlchard Roden {
Carol Sheri
Bennie snf+Pr 4
Neva AWlingt j
pn+Tucker I
Meek Ve ug}u n
)aynt Wlthent
OXECUTIVS
DMICT0A
Herbert Hall I
I
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I
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S
5 K
la
LEASE AGRalIXMMT
i
ETATB or TEXAN ;
COUNTx or DINTON }
This lease agreement is made and entered into in Denton,
i Denton County, Texas, by and between ORMATER DEMTOM XRTN COUVOIL►
f INC. (also called "oDAC" or "Lessor") and DE11TON COKNUMITY TXXATRAls
E
INC. (also oa11Ad "DCT" or "LersAe").
I.
PROI STV
1.1 The property leased in this lease it described so
followst That certain rsai property situated in the city and
c
Abstract ounty of Nos 971, aTexas# and nd being more nparticularly described in Exhibit
this part of it for all
Theatre"). purposes
(A"lsattached to
TXXX or LUSH
2sl oved This lease
on give of the city of Dent n# ToXas►sandAends
r presence
f appr
pSeptember 30, 20160 at 12100 midnight.
III.
E RENT PROVISIONS
f 311 OCT agrees to pay to GDAC as rent for the use and
occupancy of the premises the sum of $1 per year, payable on the
date of the execuon oistagreement andotnaorCbefore the same
day of each year thereafter
s zv. ~
f us% or 1919KINEN
4.1 purpose. The leased premises shall be used for all
rovis pus ,ter nd by lawsoatuthertithe me of theiexecutionons of his
lawful
written char
lease and in Caccordinco with the ity of, bent no Texas aend the cheaterdDe "Agreement.
nBetween Arts the City .
Council," ordinance No. 90-1511 and any rubsequentAll retaren eta
ordinance, also called "GDAC/City contract").
the city in this lease shall mean the City of Denton, Denton
County, Texas.
I
Ci1NPVS TttstlTta ssnsr, page 1
f
{f IL
7 It t - P
I
4.2 Repairs. DCT shall provide, keep, repair and maintain
the leased premises in good repair.
4.a Asbestos. OCT shall comply with all regulations and laws
pertaining to asbestos and assumes liability and responsibility for
any violations of those laws and regulations and their remedy.
t 4.4 Alterations, Fixtures and Improvements
(a) For the purposes of this lease, the following definitions
shall be used:
(i) ALTERATION or ALTERING shall refer to causing any
material change to the existing structure (or any portion
thereof) of the leased premises;
j (ii) IMPROVEMENT or iMPROvima shall refer to the
i attachment of any fixture to the leased premised
(iii) FIXTURE shall mean any structure, appliance or j
other object which, alter attachment to the leased
premises, cannot be removed without causing an
alteration.
1 (b) DCT shall obtain the written consent of GDAC before
{ altering, improving or attaching any fixture to the leaned
premises, which consent shall not be unreasonably withheld. Allim-
provements shall be constructed in a good and workmanlike manner ~
GDAC shall provide up to $25000.00 to OCT (to the extent "s
such funds are available after Building Fund revenuers currently
held by GDAC are redesignated for use on the leaead premises by the
f donors of such funds) to be used for alterations, improvements and
fixtures necessary to make the leased promisee safe, operable,
clean, and funotional in compliance with applicable codes,
(d) All alterations, improvements, and fixtures shall become
the property of GbAC at the time of their attachment to the leased
premised, without compensation to DCTI provided, however, that GDAC
shall have the option to require OCT to remove any fixtures tit the
termination or expiration of this lease.
i
4.5 GDAC/CITY CONTRACT.
(a) OCT acknowledges that dDAC has a contract with the City of
Denton with regard to the leased premises (the GDAC/City Contract),
and that under the terms of the contract, GDAC is prohibited from
assigning the contract to DCT.
CWus T024719 LIUlp, page 2
r {
L~
(b) oDAC hereby assigns to DCT the benefits of the oDAC/City
j contract,
(c) In consideration of the assignment of benetiks described
above, DCT agrees to perform each and every term, covenant and e
condition required to be performed by GDAC under the terms of the
oDAC/City Contract.
(d) In the event the GDAC/City Contract is terminated, then
neither oDAC nor DCT shall have any responsibility for the
continued performance of the oDAC/City Contract.
(e) Maintenance and Repairs.
(1) The parties acknowledge that under the terms of the
CDAC/City Contract, the City of Denton has agreed to
undertake certain maintenance and repair of the leaned
promisee. All requests for maintenance and repairs to
the leased premises shall be made by DOT to CbAc# who
shall submit such requests to the Cityy of Dsntan
reasonably soon after the request. Provided, however,
that nothing in this lease shall prohibit DCT from
j communicating with the City of Denton, after the request
has been aocepted, concerning the timeliness or quality
of the work,
(Ai) in the case of an emergency, DCT may make a request f
to the city of Denton without first submitting such
request to ODAC, "Emergency" shall rotor to the
{ existence of of a condition on the property which, if not
immediately repaired, will result in damage to the
building or any property contained in it, or which will
constitute a hazard involving risks of physical injury to
persons who encounter such condition,
f (iii) oDAC accepts no responsibility for the acceptance,
timeliness, or quality of tho work performed by the City
of Denton.
(iv) Notwithstanding any other provl%ion of this lease,
the acceptance, timeliness, or quality of the 'work
performed by the City of Denton on the leaned premises
shall not Constitute an event of default by DOT under the
terms of this lease.
i
CAMPUS TMSATMR L9Afs, paps
j
i
Fit st-
1 HHV
4.5 UTILITIES-
DOT acknawleuges that Payments by the City of Denton for
(a)
utilities under the terms of the GDAC/City contract will be made to
GDAC.
(b) The procedure by which GDAC shall pass such funds to DOT
shall be as followat
(i) GDAC shall establish a separate checking account at
1 a local federally insured, bank or savings and loan,
which account shall be designated "Campus Theatre
l s made to
ch
GDA Cityuof„Dento.A fora ut)ilitiespshalltbe deposit d C in ysuthe
accounts
(ii) Authorized signatories on such account shall be only s
the President, Treasurer, and executive director of ODAC, t
1 and the President, Treasurer, and executive director of
DOT. Two signatures shall be required on each check, one
of which shall be a signatory member of GDAC and one of i
which shall be a signatory member of DOT.
(iii) The checkbook and records of the Account shall be
held at the offices of onAC, and shall be subject to
i
inspection by DOT during the office hours of GDAC.
(iv) The funds deposited in the Account, and all iintt
earned thereon, shall be used only for utility D ymentsr ,
repairs, maintenance, and improvements to the leased
premises, and for charges related to the Account.
V.
INBUW►NON obtain
maintain
force • 1 DC standard Texasr pr mise$ pol and io a pr vidi g a overage for
these term it
the building and other improvements n the amount of the
replacement value of the property.
542 DOT shall obtain and maintain general public liability
insurance in the amount of not less than One Million Dollars
act olicies
5.3 Such
the State of Takao find shallaname
licensed to
and the city as 30) days otice by oarri«rotoe the olicies
must and
(30)
include thirty
City of its intent to cancel, materially change, or refuse to renew
coverage provided.
CWPUN THIAxltS IMINr r&q• 4
i
( h.::
1
I;
5,4 On each annual renewal of Levsee's insurance, DCT shall
provide certificates of insurance to GDAC within two weeks of
renewal dates, DCT shall submit proof of such insurance
satisfactory to ODAC and city upon reasonable notice,
5.5 GDAC and City reserve the right to adjust or increase the I'
liability insurance amounts required of DCT; provided, that any
increases shall be commensurate with insurance requirements at
other: public use theaters similar to the Campus, in size and in
scope of activities located in Texas. DCT agrees to comply with
all adjusted insurance requirements within sixty (60) days
following the reosipt of the written notice from aDAC or City
stating the adjusted amount.
{ VI.
TAx1i8
i
6.1 DCT shall be responsible for all taxes, assessments and i
charges which may be taxed, assessed, levied or imposed upon the
leaned premises during the lease term by any governmental entity.
VII.
DINTbN MTS CONpLIN E
7.1 DCT aaknowledges that the Leaved Premises is part of the
Denton Arta Complex and agrees to coordinate any capital or
building endowment fund raising for the premises with the Lessors l
overall efforts to complete the entire arts complex.
VIIX. 3
PUBLICITY
9.1 nCT shall recognize GDAC and the City's role in
supporting the leased premises in theater programs, press l,eleaaax
and pamphlets.
17I,
SIGNS
j 9.1 DCT shall continue to maintain all existing signs on the
leased premises, and shall continue to call the leased premises the
~II ffCampus Theatre,"
I 9.2 It is understood and agreed that DCT shall have the right f
at Lessees expense, to install, subject to the prior written ;
approval of ODAC, signs on the exterior of the building, DCT shell
comply with all governmental rules or regulations pertaining to the
installation of signs.
CAWN UNATAX LBANK, Pat& 5
1111M MEN
,
x.
Y.
AUDIT
10.1 DCT agrees to submit its operations with r forced b tan
leased premises to an annCertifiedaudit, Pwhich ublicshall
Acc untant0 at DCT 's
independents licensed,
expense, DCT shall provide a true and Correct Copy of the audit to
GDAC within 120 days from the and of DW S fiscal year.
t LIABILITY AND XWDW,,'IXICATION
1111 DOT accepts the premises as is, and agrees that GDAC
1
shall not be liable t oYesse members, agents,
to DCTr is em i p and j subtenants, concess injury ur ' licensees, damageoccasioned by the conditions
other person for for any y nj X or
the lease term,
or use of the leased premises during
11.2 DCT agrees to indemnify and bald harmless aUAC for all
claims, demands, damaes costs, expenses, actions and
onable and necessary attorney's fees causes arising
action, including reas
from DCT's use of the lensed premises y actiondfithe led condition
again against GDACtby-
leased premises, In cage of an
reason of ouch claim, DCT agrees to hire counsel acceptable to Gnat
to defend GDAC in such notion or proceeding. GDAC shall
1 unreasonably withhold acceptance of counsel.
YII. {
ABOXOMMOTO RNNTAL AND bURLIA811
12.1 'For the purposes of this lease, the following de+finltioris
i
shall be usedt t
I
(a) ASSIGNMENT shall refer to the assignment of this lease tn' ~
any third party.
(b) SUBLEASE shall refer to the subletting of the entire
remises, or any portion thereof,, for a period of more than thirty-
dAys, or for a period of less than thirty-days which automatically
renews at the and of such period.
f (c) RENTAL shall' refer to permitting one or more third parties
1 to use all or a portion of the leased premises fns a pario,'.of lose
than thirty-days, when such period does not automatically renew at
the end of auub period.
12.2 This lease shall not be assigner*.
CAMPUS T084TKI LKAee, page 6
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W Iwo
1
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12.3 This lease may be sublet with the prior written consent
of GDAC, which consent shall not be unreasonably withheld.
12.4 OCT may rent the leased premises according to the terms
of Campus Theatre Scheduling Policies and Policies for GDAC-Member
Use of the Campus Theatre, which is attached as Exhibit "H," and
incorporated herein by reference for all purposes; provided, how-
ever, that GDAC shall be entitled to use the leased premises for
twelve (12) days annually free of charge, including concessions i
s. sales, which days shall be scheduled pursuant to the rules gover-
ning GDAC member organizations under the terms of exhibit "B.N
12.5 DCT shall maintain a written record of all subleases and
rentals, which may be inspected by GDAC during the normal business
hours of DCT.
I
XXXI.
b!ll►AU6T i ,
13.1 Lessee's Default. The following will constitute default
by DCTt
f
(a) The dissolution of OCT or the forfeiture of its corporate
charter;
(b) Loss of DCT's non-profit status;
(a) Failure to maintain status as a GDAC resident member;
1 (dl Failure to honor any of the terms, provisions or
f
covenants of the "GDAC/City Contract)" ;
i
(e) The insolvency or bankruptcy of DCT;
(f) Failure to perform any of the terms, covenants and
Conditions of this lease,
1342 Remedies. Upon default by OCT* GDAC shall give DCT
thirty (30) days written notice of its breach of this agreement,
and to our* said default:. Xf such breach is not cured within
thirty (30) days of such notice, GDAC may terminate this loasb
a
13.3 Lessor's Default. The following will constitute default
by GDACI
}
(a) Loss of Lessor1s non-profit stntlas
J s
(b) Failure to perform any of the terms, Covenants and
conditions of this lease) y
CAMPUS THEATRE LLAde, papa 7
s rrz•,^r^~.
(c) The insolvency or bankruptcy of GDACi
(d) The dissolution of GDAC or the forfeiture of its
corporate charter, GDAC
13,4 Remedies. Upon default by GDAC, DCT shall give
this agreemeent#
nt,
thirty (70) days written notice of its breach of
uch oh is not
and its intent to termi39 t daysr of bgreeme such nnotice,e DENTON brobCOMMUNITY
cured within
fermi ate(this lease,
THEATRE may
i
ZIV,
KTOCILWlNSOU8
14.1 Governing law. This agreement will be construed in
j
' accordance with the LaW of the State of ble in Denton Countyn Td all exasobligations
of the pastier are Performable
and for
€ 14.2 Parties Bound, This agreement will be binding an legs l
the benefit of GDAC and DCT and their r, easivother
representative successors and assigns (
expressly " se
provided in this Agreement).
~
14.3 eeverability. In case any one or more of the provisions shall for contained in this Agrooment
help this
unenfrosable in any Xe peot,be that holding
invalid, illegal
shall not affect any other provision of this Agreement,
agreement will. be construed if the inVa
contained indtheiAgreementr
unenforaeable provision
14.4 prior Agreements superseded. This Ag end edupersedesuany
}
the sole and only agreement of the parries,
prior understandings, either written or oral, between onAC and DCT {
respecting the subject matter of this Agreement. s
cation is brought to enforce
14.5 Attorney's fees, If any artY
interpret the provisions of this Agreement, the prevailing p from the eas
&tto will be entitled to recover be aonablein thencourt:finewhich -th•
other party. The fees ay
action for that purporethe`Yeaxe, or % 11
action is brought to construe
may be brought in a reprate his a 14.6 Notice. deliveryhtow be givendundertthe terms ofothiany
notice, tender or arty to the other may be effocced in any one
Agreement by either p
of the fallowing means$
(a) BY personal delivery in writingi
(b) By registered mail{ or
CAHrVS TORATRE LEAW POO*
j
1
tae" i
i
7 ,
By certified mail, return receipt requested.
14.7 Addresses. Any notice, tender or deliver to be given
be to the fol this Agreemet Wil
under the term °other address anpartylto thisdLease designatesito
addresses, or any
the other 1Partyt in writings
(af Lesror's addresst
EXECUTIVE DIRECTOR
Greater Denton Arts Council, Inc'
207 South Bell
4
Denton, hexes
i
(b) Lersee's addresst
EXECUTIVE DIRECTOR I.
Denton Community Theatre, Inc.
F.0. Box 1971
Denton, Texas 76202
It is the responsibility of each party to notify the other of any
ti
changer in address.
14.6 Time of Essence. Time is of the essence in this
agreement,
14.9 Ruler of Construction. Both parties represent that they
have read this Agreement, that their respective aoun" have etc
this Agreement, that both parties have had the opportunity b* resol revise it, and that the rule that
notl be use d Vin {
gall raemenru wiles wil
against the patty drafting
interpreting this Agreement.
sully with ;
14.10 Mon-discrimindtion. OCT agrees to Comply
applicable federal, state and loos axds,g ann-di oritaism and j
requldYions promulgated .hereun
OCT specifically egress no person shall be csioe cY nor denied
or equal serviea or other fu11 as by
y OCTua$ Chet rer It ofrracet orse
employment opportunities
in age or handicap Unrelated to dbilitytdf
colozt religion, prig r
14.11 Modification. This agreement may not be modified except
by written agreement of the parties.
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CWPUN TxeATAR LIAM page
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LEBBORI
OREATER DENTON ARTS
COUNCILO INC.
BYi 17114 ~ /!Qty~S
Jo A Wheeler, President
HYI_ i 1
Ron Hea■ ey secretary
i
AOlfNC11LEDOMENT I
OTATO 0,*,' TRIAD
COUNTY Or 4AINTON
Thi instrument w!!s acknowledged before me this 43 y'4day of
1991, by Ja Ann Vh3el"o President Greater E
Ben n Arts Council, inc., on behalf of said corporation.
Notary Pu a E
RNA THOMAS State of Texas ~n
I MYCOMVIS6IONI"II My Commission Expiresl
~.#,.,;I Manhlt,lMt
ACKNONLEDOMEN'1'
ISTATS Or TRIAD
f COUNTY Or DENTON }
This instrument was acknowledged before me this day of
1991, by Roni Beasley, Secretary of Oder Denton
r s Council, Yno., on behalf of said corporation,
Arts'
ofiry Pu a ;
' %IMTHOMAS State of TeXae
MYCOMMIIOIONI00010 My commission Bxpiress
MNab It, tM
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CAMPUS "OAT" Llholo pr{I• 10
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DENTON COMMUNITY THE,ATRIP INC.
Sys
n a Ke , as ant
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NOWLEDGNENT
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` STATE or Toms } a.
4 COUNTY Ct DENTON ? thi, dA of s
1 This i strusnent Was ao) n ow Y Li~ndray Koff4Y/~ pzeident n[ 04» ton
1I 0 1991? by
i Commun T as re, Inc., on behalf nt said docporation.
aLa
Ah~po
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State of Texas
14y Commision xpirers
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Mr or~w~rlithRi~
Momh it ins
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day of r 1991• ;
1 ApppOVHD this
QYTX 01 0WONO TEXAS
By t
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ill- .
IM 0 {~fj~TpJ~ljj
h;>tlll.bl,t A
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All t110I r mhi I1'nnt nP pArn111 of Imlat ly ti% Aod ifAtllg mUmAtod In tba City
milli (II v nr i1n1H'nll, SI:ACA ill' 1,"HAA0 Mild (1lo1uK Mlt of tho W1.111AM1 NA11.1
.killvay, h6treot 140, 511, A11d hilI Illatn pattlatiincly tlaaarlbetl eft fullowol
HoEl11n111p f~t.the 11Itarstation of tilt North boundaryy ltnt of N1okovy AhrtSt
With ill* Bert bmondmry 111114 of pedAV Strnnt:, 1411tH 11nr,111A1.nn onI butnA tilt
Rvm }loAnr rt+rttt~r of ISltlok No. 1), of t•IIA 11rIM1nAl Town at Damon Mill being thn 4
i Sot+tl4killi cot'11Pr of Lot 14nl 3 tit gmtd block No, 13;
lhrncn Wrhr. wl01 kilo North houlidmVy line of Iddkory bt:rgmitI paoei.tlx tth 042,0
f14rt r110. 4nul w"sit movie ti of mntd blaok Net, 1.3, mid aa11ttilutttg, a total,
dirherlco of 1A.3 feet to a onenlori
i
ihrnc14 North wit11 the pant fAO•a of A 11 lnah brlak NAlI, NOW w~11, b61119 the
PAO WAll of n brtok bulidlnt 110W ooauptrd kly t6ft Lune lll;Ar Orr 00"060y, 16U;tt
foPt to A nornAr)
ke, 11,
I11rtwi, jI,il nA at 36,0 feet tilt oftet Ilotlndatg UtI of Arid h10e1t
et th► UrtlIt11A1 'town of p►11to11, 0611ttnultlK a total 01,11tA110e of 1A,0 felt to a
rnvile. r lit tho WAAt bookiJAVy tille of Retlnti' $ktaet An8 tho RAjt boundrtty 11na of
111rck 11; i
I
Yho+ul.e Snllth Wlth tilt Palm 11010l1dA1•y 111Th of Mock 13 A1le) t,ha Nort: botlndogy
ltno of trllnr strocr, 1601.0 Chet to 01A 11.60lo of,, hasictt1111g.
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Exhibit B
CAMPUS THEATRE SCHODULING POLICIES
Activities will be scheduled according to the following order of
priorityt
Performances and related technical/dress rehearsals of GORC Member
Organisations, ODACt and the dity of Denton may be scheduled up to 10
months in advance.
Performing arts classes and non-performance activities (specials
events, annual meetings, etc.) may be scheduled up to 1 months in
advance.
Activities of other groups (non-amc members) May be scheduled up to
12 months in advance.
Rehearsals for performance" to be held in the building may be
scheduled up to three months in advance of the performance dates.
Rehearsals for performances to be hold elsewhere may be scheduled up
to two months in advance of the performance dater.
Generally, the theater may not bed for r*gular year-round (or
school-year) monthly or weekly aativitiest except for email group (16
or under) meetings which can be held in locations other than they
performance hall.
Performing arts classes can be scheduled to meet weekly during the day
mdso„
and witltethenunderstandingnthatisomeoadjustments may neodntopheu a
an performances or other
' in schedule or location in the building due to per i
activities which may be booked after such classes are scheduled,
j
4 POLICIES FOR GDAO-MEMBER US% Olr TMB CAMPUS THNATKK
anhe members are eligible for discounts on Campus rental fees c
discountprate doesanotrexuded 30t.otFor examplealifttheponn-momberthe
ply
j
ozpanisationsl membertrat* to$1750thaat somsau30t dirndunh2@hallaapthe
to p the comparable rental category at the Campus Theatre,
anAC resident organization mombers have the option of selecting the
Campus for the four-hour-rental block that is among resident
organization member benefits.
Rental discountn Arre eeealluoively a benefit ofGDbC eeamvbaerrsoand may not
be offered by a
I"Centives f,urthermore tree use of the Campust exod t as grovided
for by this nontrant or the dbACa~tty contracbt may not be,aifered or
granted to any organisation or p y
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CAMPUS BN13po y USAGH OUIDELINES
in all purchasing and
f acourago elTScient use of energy reaourcxs
l
I operational decisions.
ssible, turn off HVAC and lighting systems for unoccupied
2, Whenever 1►o
areas of the buiklingr
g Plus or minus one
Maintalr sinner thermrfoarmancts when 72 may bemaintslued.
degree, except during pe
ne
4, Maintain winter thermostat settings of 70 degrees P108 or minus o
degree
a maintenance schedule for HVAC systems to include regular
s Uevetop maintenance personnel should keep a log
inspectloos and filter changes, preventive
sheet of work accomplished and a schedule of forum ' maintenance.
M
Use energy-efficient lighting. Consideration should be given to "energy
6, ~
saver" and c6mpact lluorescent lamps.
7, install timers on ou►aide lighting.
Turn inside lighting off during ixclods when building is unoccupied except
g, I
for security lighting,
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MEMO #91-048
TO$ Mr. R. Svehla, Deputy City Manager
FROMI J. L. Cook, Jr., Fire Chief A/
DATE$ 18 July, 1991
j RE/ PTI RZSVLT8
j
Prior to my appointment as Fire Chief, the city purchased computer
in fire
assist
software from Public Technology, Inc. [PTI] to
station location planning. The construction of station Five and
the new Station Six are the results of a study made of the City
using the PTT Software. f
For the purpose of the study, 150 Fire Demand Zones were
identified. Than, various scenarios were examined to determine ~
which areas of the city needed an additional fire station, i
criteria used was a five minute initial response time based upon
the State Hoard of Insurance Key Rate requirements. Five minutes
is also a critical factor for EMS incidents as well, Figure one,
below, summarizes the results of the original PTI Study.
P %dVRE ONE
original PTI Study
j
j~aanarlo / Mop charter Than 5 Ming,
1
53 35.3% i
1, 2, 3, 4
It 2i 31 41 & 5 25 16.7♦
It 2, 3, 4, & 6 28 1867%
,
It 2, 3, 41 5, & 6 11 713%
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As we contemplate the start of construction of station Six, we ;
decided to up-date the PTT Survey and to examine recent changer in
4 streets, highways, new annexations, etc. As a result we added two
1 more demand zones. We ran a total of four new scenarios. Figure
Two, below summarizes the results. <
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FIGURE TWO
Up-Dated PTY Study
Zones Greater
9oeaario Than 5 Mins. "j All zones of Irnrovement
1, 2! 3, 4, 5, & 6 10 6.6 60.0
01
2, 3, 4r 5, & 6 13 8.6 48.0
It 21 41 5, & 6 21 13.8 1610
Combine 1 & 3, 21 4, 16 919 40.0 i
6 & 6
Note3 Prepared by Data Processing and Captain Mike Taylor on 17
;
July, 1991,
As you see from the new studies, we could actually improve overall
responses by one zone when all six stations are open. This is
t
direct result of recently completed street and highway work.
I Regardless of which of the four new scenarios is examined, there is
a net improvement over current conditions, it should also be noted
that several of the deficient zones are only marginally so. We i
could improve response times in All four scenarios if we were able
to completely install the opticom System.
in addition, a number of the deficient zones are undeveloped.
Figure Three, below, examines development in the deficient zones.
FIGURE TlMBE
DEVELOPMENT IN MARGINAL ZONES
i
laenarie Marainal zones ygdeveloned Imago I of Totem
1,2,3,415, & 6 10 5 50.Oi
2,314050 & 6 13 a 38.6
1,2,4,5 & 6 21 6 28.64
Combine 1 & 31 16 6 40.0•
Add 2,4,5, & 6
i hope this information will allow you to make the necessary
decisions concerning station locations, should you need additional
information, please feel free to call upon me.
JLC/ec
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CITY COUNCIL REPORT
TO, Mayor and City Council
FROM. Lloyd V. Harrell, City Manager
DATE: July 23, 1991
SUBJECTS Abatement of Substandard Structures
, ~rnMMF*+naTTOAIt report and give staff direction
That the City Council accept this
regarding the abatement, of substandard structures.
k
Land Development (lode outlines the
Chapter 28 of the city's
guidelines for ordering and executing a demolition ofd nubstandmea
structure. However, the procoss can bc. long
substandard buildings re defined n Article IX Minimum 3 Substandard Structures. AA
and Building stunrds+ Division that is "dilapidated,
substandard structure is any building i
substandard, or unfit for human habitation and does not meet
minimum standards" and "constitutes a hazard to the health, safety
and welfare of the citizens!" it In which Substandard structures
, and crimes "attractive
occur.~•i Both ssoutheast anrwest
live children p1ay oals include demolition
,
Denton neighborhood groups' g rehabilitation of dilapidated substandard structures
are easynbuildings. are easy targets for arsonists. Accidental fires are frequently
caused by vagrants or others and can lead to injury and death.
Criminals also use these vacant buildinct9 to (sell drugs and other
illegal activities.
n~,CK RO ND:
c~u~n .NT PROCSDURE
Code outlines the steps to abate substandard sstru enures.
The City
The code requires that a Notice and order be posted order b structure as well certified d mailing
mail indicating athat Noticethe a building fs
susnad or ce
j
substandard. The owe e has days to btaintaandemiol.ition
building permit for repair or with ' permit. An owner may appeal the Notice Order
Bu11 i nginOffici10
or
the building is considered dangdrous by the is to be
within 30 days if it does not pose a danger. If ermi it if to
rehabilitated, the owner must secure a building p it is
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Substandard Structures
July 23, 1991
to be demolished, the owner must secure a demolition permit.
In any case where the building official declares a structure should
be demolished, a public hearing must be held before the Building
Code Board. The notice of the hearing must be published in the
newspaper at least ten days prior to the hearing date. The
Building Code Board makes the final determination as to whether a
building must be rehabilitated or demolished. The Building Code i
Board also sets the time frarae within which the rehabilitation or
demolition must take place.
i
if it is not demolished by the property owner, the city may
demolish the structure and place a lien on the property for the
cost of the demolition. Another notice must be sent to the owner
and published in the newspaper informing the oicier of the board's
determination and that the cost of the demolitiun will be assessed
against the property, The owner has 30 days to pay the cost of
demolition plus an administrative fee. If it is not paid within 30
days, a ten percent per annum fee is added to the lien against the
property.
If an owner qualifies for Community Development Block Grant funds
or if the structure is located within designated target areas, CDBG
monies could be used to demolish substandard buildings. However,
CDBG funds may only be used if certain criteria are met. The
structure must be vacant for at least one year, If the structure
is older than 45 years, the City must inform the State Historical
commission which has 30 days to decide if the structure is
historical. If it is declared historical, it cannot be demolished.
The process for an individual to receive CDBG funds takes a minimum
of two months if the owner qualifies for these funds.
PITFALLS IN SUBSTAND RD DEMOLITION PROGRAM
One of the biggest problems with the current procedures to deal
with substandard structures relates to the inability to enforce the
Building Code's decision to demolish or rehabilitate substandard
structures. In the past when the property owner has not demolished
the structure on his/her own and the property has not qualified for
grant money or there were no funds available, the dilapidated
structure has remained. The only recourse has been issuing
citations through Code Enforcement, The Municipal Court process
takes time and the Judge sets the fines. The maximum fine for this
offense is $2,000.
It is also important to note that there is limited money for this
program. The City has relied -:.laly on CDBG funds in the past to
fund demolitions. There is $50000 left in the current year, but an
additional $15,000 through CDBG will be available September 1.
2
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Substandard Structures
July 23, 1991
There is also $15,000 requested in the proposed 1991-92 budget to
assist our efforts in this area.
The process to abate substandard structures can prove to be very
lengthy. Problems include difficulty in determining ownership,
contacting owners, and waiting until all fire insurance
investigations are completed.
•ti
Since 1985, 85 structures have been demolished using $89,000 of ;
CDBG funds. Nine of these demolitions have occurred in FY 90-91.
The Building Department reports 94 buildings demolished which were
funded by the owner since 1986. Of these, 27 owner-funded
demolitions have occurred since June 1, 1990.
The city Council has articulated the need for an increased effort
in the demolition and rehabilitation of substandard structures.
The offices of Building Inspection, Coda Enforcement, Community
Development, and the Fire Marshal's have met to discuss a
cooperative approach to facilitate the process,
An effort has been made to streamline this process as much as
possible without jeopardizing due process and legal requirements.
The process detailed in the Code and summarized above has been
incorporated into this outline.
PROPOSED PROCEDURES
s
1
INVENTORY
The first step is to conduct a comprehensive inventory of
dilapidated structures. Both Code Enforcement and Building
inspection have lists of substandard structures. There are l
currently 88 structures on the Building Department's active list
that need rehabilitation or demolition. The Fire Marshal's office
also communicates regularly with the Building Department concerning
the investigation of structures damaged by fire. Building
inspectors and code enforcement officers will take an inventory and
perform an initial inspection on the structures. These inspections
will be performed within a three week time frame and will be
completed by the and of August. This "sidewalk" inspection must be
made in order to determine which structures are the worst, This is
also important later in the process to justify to the Municipal
Judge the need for an inspection warrant to inspect the interior of
the structure. A signed consent form from the property owner or
inspection warrant is necessary before entering private property.
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Substandard Structures
July 23, 1991
Complaints from citizens and referrals from other city departments
or outside agencies will also trigger the inspection process and
the Building Department w311 make an initial "sidewalk" inspection
within five working days of receiving a complaint or referral.
1 PRIORITIES
During the inventory inspection, each inspector will complete a
checklist indicating the general condition of the structure and
several other items to determine the priority of demolishing or j
f rehabilitating the building. These initial inspections will take i
approximately 15 minutes and will be performed from public right-
of-way. The criteria to be used to prioritize structures was
developed by the Building Official, Code Enforcement, and the Fire
marshal and is listed below:
o General Physical Condition
(See Checklist of substandard Conditions)
o Proximity to Public Places
(eg. within 1,600 feet of schools, churches, parka)
o Fire Damage
o General Location {
(eg. entranceway, residential area, business area)
o Accessibility by non-owners
using this criteria, each property will be placed in a priority
order indicating the urgency with which the structure is to be
demolished. The Building Department will begin with the highest
prioritized structures and start the review and hearing process.
This priority system will ensure that the most dangerous and
accessible structures are dealt with first.
RESEARCH
Research on ownership and current lienholders must be done for each
property. This may take anywhere from two hours to more than a
day. Building Department personnel will do this research in the
order of the prioritized structure list. Sometimes the current
owner is difficult to locate particularly if the original owner is
I deceased and an estate or trust holds the land. Difficulties also
arise when an institution or bankruptcy court holds the land.
It is also necessary to check to see if any liens have been placed
against the property. Liens may include tax liens, mowing liens,
and liens held by other persons. If there are lienholders, they
must be notified before demolition. However, lienholders may not
prevent demolition of substandard structures and the City is not
required to pay any lienholder because of the demolition of a
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Substandard structures
July 23, 1991
structure. WARg N
CC^Ns S N S
Judge's office have informed
The Legal Department and Municipal long that they must obtain either
perform inspecti owner or an inspection
departments that signed by the property rivate property. An
a consent form inspectors may enter p will be
warrant before ion yfrom public property or right-of-way
rrant if a signed
initial inspect the need for an inspection wa
obtained. After the initial rase ~If tap been
used to justify
consent form is not l be mailed to the
il reach owner. er the erson
ormed, consent forms w will be
perf be reached, it
is in Denton, an attempti the b owner ecannot
to get it back faster. if is not returned within ten adyge,. an
mailed. If a consent f° ested from the Municipal
inspection warrant will be raga
£ S
o C
or an inspection
either a signed consent formEormed by accessing
After securing
warrant, a more detailed inspection will w 11 take approximately t the time 45
erty. These inspections
the private P'-'O: pictures will be taken a Of
P'
} minutas to completes
inspection to be used as evidence. the Property owner and
ropety
an interestilinbe the sen with information
A Notice and order
t the r r frame to obtain a
others having p
contact the fungty
f regarding the nature of the violation,
ing,
owner to
1 or demolition if the , how for CDSG funding,
qualities
building
l ing with the time frameg outlined
Development office to see
!
and the consequences of not c p y
in the letter.
PU C A12 N
ture needs to be
If the Building official declare bthat th afore the Building Code
demolished, a public hearing must e held riot to cation. The owner does not have to be present for
Board p to hold.
the findings of this hearing
ined
requirements to be followed are ehelcode
The procedures and notice raga is public hearing,
on page two of this document. At th Board will also give the owner a time frame to accomplish the
demolition or rehabilitation.
T7M F~1 ~i
the property
Upon confirmaVie °2o days to secure a building permit ~ or 60 days to
owner will have j
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Substandard Structures
July 23, 1991
secure a demolition permit. After securing a demolition permit,
the owner has forty days to complete the work and clear away the
debris. If the owner secures a building permit to rehabilitate the
structure, the owner will be given a reasonable deadline to
accomplish the work by the Building official. if the owner does
not meet any one of these deadlines, a citation may be issued by
Code Enforcement.
These are the guidelines that the Building Official will recommend
to the Building Code Board. It will also be recommended that it a
building is substandard and must be rehabilitated, a building
permit must be obtained within 20 days and substantial progress
must be made within 30 days or the owner will be in violation of
the Building Code Board's order and the building may be demolished.
ENFORCEMENT
Any time an owner does not meet a deadline outlined above, a
citation will be issued by Code Enforcement. If the time expires
on the Notice and Order and the property owner has taken no action,,
the Code Enforcement division will begin enforcement procedures.
A citation will be issued to the property owner.
Policy direction by the City Council is needed when it comes to
enforcement. The city can issue citations and attempt to use the
legal process to force property owners to fund the demolition) or
the City may demolish the structure as soon as the legal
requirements are met and assess a lien against the property for the
cost of the demolition. The first approach will take longer and
use greater city resources of time but the City may incur less
cost. The second approach will ensure the structure is demolished
but the funds for demolitions will be used faster. A third option
would be to set a time limit for the citation process to work after
which time the City would contract the demolition activities and ;
assess a lien against the property for such cost,
kUNDlRG
The biggest obstacle to this entire process is if the property
owner does not voluntarily demolish the building. If the owner
does not qualify for CDBG funds, then the City must demolish the
structure with its own fund and assess alien against the property.
The percentage of liens that are recovered is very low. For
example, of the mowing charges sent to property owners about 25%
pay within the first 90 days. After 90 days, a lien is placed
against the property and only approximately 10% of the liens are
paid per year. Most of these are paid because the property is
sold.
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Substandard Structures
July 23, 1991
The lack of City funds to demolish substandard structures has been
a major obstacle to this program. Citations and associated fines
Prom the Municipal Court have been the only recourse used if the
owner did not qualify for CDBG funds or those funds had already
been used, If the owner did not voluntarily demolish his/her
1 structure, the City had no budgeted funds to cover the cost of
demolition. Liens are rarely recovered without a change in
property which may mean outstanding liens for many years. This
means that the city must fund the entire cost until the lien is
repaid.
t
One of the major budget issues addresses the issue of demolition of
substandard structures. Currently, there are general fund dollars
in the amount of $15,000 that have been recommended to aid in
demolishing dilapidated structures. If the City council approves
this funding in the 91-92 Annual Budget these dollars will augment
the current CDBG demolition program, on average, the cost of
demolishing a single family structure ranges between $700-$11000.
The cost of demolishing a garage. or outbuilding ranges between
$200-$300. Therefore, approximately, 15-20 single family
structures could be demolished with this level of funding.
Federal regulations now allow block grant funds to be used for
areas of spot blight and decay which are not in the target area and
whose owners do not meet income requirements. The CDBG money may
be used and liens may be placed on the property, This means that
federal funds front the cost of the demolition instead of local tax
dollars. The Community Development Block Grant committee has
adopted this policy. Again, the $15,000 federal allocation for
i this program will allow approximately 15-20 structures to be
demolished.
BUILDING CODE BOARD
1
It will be necessary for the Building Code Board to meet more
frequently. The Building official will ask the Board to designate
a regular monthly meeting date to facilitate this increased program
arras
plic he i
Board can hear five public hearings
activity. The Building Code
per meeting.
REPORTING AND COORAI I
The Building Department will maintain a master list of all the
structures in question and their status. All complaints will be
sent to this department and this department will report back to the
complainant the status of the complaint.
The Coda Enforcement division will be responsible for reporting the
status of citations and the municipal court proceedings to the
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Substandard Structures
July 23, 1991
The Community Development office will report to the Building
Department concerning the eligibility of property owners to receive
CDBG funds. The CD office will also coordinate the bidding' process
and demolition of structures that are receiving CDBG monies. The
status of these buildings will be reported to the Building
y Department.
The goal is to demolish or have the owner rehabilitate 50
structures in the City in the 91-92 fiscal year. The Building
Department will submit monthly reports of the status of substandard
structures currently in the process,
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DEPARTMENTS PROGRAMS OR GROUPS AFFE TEDS
i
Building Department, Fire Department, Code Enforcement, Community
Development, owners of substandard structures
i
FISCAL IMPACT:
$15,000 General Fund proposed in the 91-92 budget]
$15,000 federal CDBG funds
v
RESPE FULLY SUBMITTED,
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l -Llbyd V. Harrell
City Manager
Prepared by:
Catherine E. Tuck
Administrative Assistant
Approved by:
Jes s Nava
Ass tant to the City ager
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CITY COUNCIL MEETING
July 23, 1991
WORK SESSION ITEM
Receive a Report and Hold a Discussion Regarding Joint }
Ownership contract issues Between_city of Denton and
Upper Trinity Regional Water District (UTRWD)
I
Relating to the Ray Roberts Water Treatment Plant.
I
Submitted By,
1 i
R.E. Nelson, Executive Director of Utilities
Approv
1
Lloyd V, Harrell, City Mgr,
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remxrx
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4071
AGREEMENT BETWEEN CITY OF DENTON AND
I UPPER TRINITY REGIONAL WATER DISTRICT FOR /
JOINT OWNERSHIP, DEVELOPMENT, OPERATION AND MAINTENANCE,--'
OF WATER TREATMENT PLANT NEAR RAY ROBERTS LAKE AND
RELATED WATER PUMPING AND WATER TRANSMISSION FACILITIES
A~+T
TY.E STATE OF TEXAS S VR
S +
COUNTY OF DENTON S
THIS JOINT AGREEMENT (the "Agreement") is made and
1991
entered into as of the _ day of
(the "Contract Date"), by and between the CITY OF DENTON
("Denton"), a municipal corporation of the State of Texas, and
' the UPPER TRINITY REGIONAL WATER DISTRICTi (the "District") a
conservation and reclamation district created pursuant to
' Article XVI, Section 59 of the Constitution of the Stare of h~
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Texas.
RECITALSi
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DENTO'3 provides water utility service within an ar*a i
defined in a certificate of Convenience and necessity issued by
the State of Texas,
The DISTRICT was created by the Texas Legislature to
provide wholesale water, wastewater and other services to
cities and utilities of Denton County and adjacent areas. The
of its master plan. phased
s hosed development
DISTRICT is managing
Phase i is the wholesale water transmission system which is
scheduled to be operational within three years. Phase II Is
the water treat*snt facilities to be constructed under this
Agreement. Plans of the DISTRICT are sua+marised in a report
dated June 1990 by Alan Plum" r and Associates, Inc. titled
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der implementation Plan. Supplemental Study, and updated in a
letter dated November 19, 1990 from Alan Plummer and
Associates, Inc. titled Water Imolementatien Plan _ Additional
~t dies. Collectively, these reports shall be referred to
herein as the "Plummer Report,"
DENTON has initiated a project to develop a water
treatment plant near Ray Roberts Lake, has acquired the site,
and has substantially completed engineering plans to construct
the plant and related facilities. DENTON supported creation of
the DISTRICT to provide for orderly and efficient wholesale
water service to cities and utilities of Denton County,,
including existing and potential wholesale water customers of
DENTON. DENTON invited the DISTRICT to participate in planning
and joint development of future water supply facilities,
including the proposed plant, and the DISTRICT desires to be a f.
joint owner of the plant and related facilities, which plant is
anticipated to be constructed in phases to a probable ultimate
capacity of 50 million gallons per day. The first phase is
planned to provide for 10 million gallons per day of peak day
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treatment capacity and to provide for certain support,
auxiliary and transmission facilities to accommodate expansion
of the treatment capacity.
DENTON initiated steps to comploco the water treatment
plant on a timely basis, in part, to meet the needs of DSNTOtf j
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for an adequate, dependable and sate supply of potable water ;
for its present and future customers and, in part, in I
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k anticipation of the needs and plans Of the DISTRICT, DENTON~
has taken those steps in a diligent mannn and has
agrees with the
funds in good faith. The DISTRICT supports
steps takan by DENTON to prepare for expected increases in
surface water supply requirements. DENTON and the DISTRICT
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the aperatianal advantages and financial benefits o
recognize f
such critical public facilities.
cooperative development of
initial
Both DENTON and the DISTRICT desire to participate in {
construction and in subsequent expansions of the plant to meat
DENTON and the
r active customers
5 the demands of their rasp
desire to coordinate future capital. planning
j DISTRICT
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1 ivities and to develop mutually beneficial arrangements for
act
' capacities in jointly and separately owned
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sharing reserve facilities to meet peak, short terns or emergency needs.
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DEMON owns and operates water treatment facilities which
DEMON and
have reserve capacity in excess of current demands. i
maximum beneficial use of existing
DISTRICT desire to make
water treatment facilities and to schedule new joint treatment
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facilities when needed. {
j DENTON and the DISTRICT desire to share in the ownership
of certain joint facilities as tenants in cawmaA,
and operation
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and the parties have determined that such participation it
desirable. D&MON and the DISTRICT' recognize
appropriate and 1
the need to construct and operate the facilities in accordance
with Prudent Utility Practice, consistent with the efficient
and sate operation. Pursuant to this goalr DEIITON and the
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DISTRICT have determined that it Is in their mutual interest
that DENTON act as Project Manager for both parties in the
licensing, design, construction, operation and maintenance of
the jointly owned facilities in accordance with the terms of
this Agreement,
NOW, THEREFORE, DENTON and the DISTRICT, in consideration
of the terms, covenants, and conditions included herein, agree
as follows
ARTICLE 1
PROJECT DESCRIPTION
The jointly owned facilities to be constructed under this
Agreement, hereinafter referred to as the "Project", consist of
raw water transmission lint, the water treatment plant,
chemical building, maintenance facilities, administration
building, land with associated site improvements and a treated l
water transmission line. The raw water transmission line
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begins at the connection to the outlet works at Ray Roberts !
Lake and ends at the treatment plant. The water treatment
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plant begins at and includes the rapid mix facility and
terminates at the and of the high service pump discharge
header. The treated water transmission line begins at the high
service pump discharge header and ends at the Hartle* Meld '
Road Booster Station, The treatment plant includes auxiliary
processes such as sludge handling, wash water recovery, and
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plant service water, The project is described with additional
detail on Exhibit A,
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ARTICLE 2
LAND FOR PLANT SITE
DENTON has proposed and the DISTRICT has agreed to
include projections of future DISTRICT water demands in
planning for the Project. DENTON included such projections in
its site and engineering studies and willingly accepted the
risks and costs of planning the Project until the DISTRICT was
created by the Texas Legislature on June 16F 1989. Land s
acquisition for the water treatment plant and related !
engineering activities were initiated for the benefit of DENTON y
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as well as for the DISTRICT. DENTON acquired land for the j,
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plant site in 1988.
DENTON offers to sell and the DISTRICT hereby agrees to
buy an undivided interest in the plant site from DENTO N to j
accommodate the DISTRICT'S portion of the water treatment)oic~
and for other DISTRICT purposes in consideration of the
premises and mutual agreementa herein set forth and subject to
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the terms of this Agreement.
2.01 Prg9srtY Dascrigtion.
i Under the terms of.,, this Agreement, the DISTRICT will
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acquire an undivided fee simple interest in that property }
purchased by DEMY for the purposes of constructing$ owning ;
and operating a water treatment plant and other related
activities and facilities, which undivided property is met*
fully described as foliowss i
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j FIELD NOTES to all that certain tract of land situated in
the Sylvester Williams Survey Abstract Number 1322, Denton
County, Texas and being a part of the called 50 acre tract
described in the deed from Y.U. Duncan at ux to Alfred S.
Coulter at ux recorded in Volume 383, Page 552 of the Real
Property Records of Denton County, Texas, and being a part of
the called 50.82 acre tract described in the deed from Lonnie
H. and Pauline iioseley to J.H. and Corda Neblett recorded in
volume 368, Page 354 of the Real Property Records of Denton
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County, Texas; the subject tract being more particularly ;
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described as followss
BEGINNING for the northwest corner of the tract being
described herein, at a Government market stamped 204-2, 209-1,
1982 situated at the southeast corner of the called 46.25 sore
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tract described in a judgment in favor of the United States of
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America (hwreafter referred to as "the U.S.A.") recorded in {
Volume 1091, Page 27 of the Real Property Records of Denton
county; the said marker also being the southwest corner of the
called 1.64 acre tract described in the deed from Alfred B.
Coulter at ux to the U.S.A. recorded in Volume 1101, Page 702
of the Real Property Records of Denton Countyl
THROC= north 816 02' 48" east along the Government
property line below the dam at Lake Ray Roberts a distance at
980.18 feet to a government markax, a.2 inch iron pipe at a
fence corner at the southeast corner of the U.S.A. Tract in the
east line of the Coulter Tract in the west right-of-way of
xcReynolds Roadt
MIX
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THENCE south 00' 30' 58" east with the east line of the
Coulter Tract along the went right-of-way of McReynolds Road a
distance of 600.00 feet to an iron rod sett
THENCE south 89' 29' 02" west a distance of 302.25 feet
to an iron rod set in a north and south fence lines
r THENCE south 00' 23' 15" east along the general course of
the fence most of the way a distance of 939.56 feet to a point
for corner;
THENCE south 89' 17' 12" west a distance of 659.44 feet
l to the northeast corner of the tract described in the deed from
Jack and Edith Tillery to R.L. Skipper recorded in Volume 1599,
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Page 29 of the Denton County Deed Records
THENCE. south 89* 47' 46" west a distance of 552.19 feet
to an iron rod found at the northwest corner of the tract j
described in the deed from Diane Leslie Hinton to Cornelius L. 1
Mills et ux recorded in'Volume 1518, Page 26 of the Denton
County Deed Records]
THENCE north 890 55' 31" west a distance of 60.0 feet to
an iron rod from the northeast corner of the tract described in
the deed from H,H, Neblett to G,!. Moerbe recorded in Volume
10550 Page 5 of the Denton County Deed Recordsi
TRlNCt north 69* 55' 16" west with the north line of the
Moerbe Tract a distance of 250.81 feet to an iron rod found at
the northwest corner thereof and the northeast corner of a
tract described in the deed from J,S. Mablett to J,11. Boyd
recorded in Volume 1016, Page 716 of the Denton County Deed
Records l
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THENCE north 89' 43, 08' west with the north line of the
Boyd Tract a distance of 125.01 feet to an iron rod found, the
northwest corner thereof in the west line of the Neblett Tract;
THENCE north 00' 35' 40^ west with the west line of the
Neblett Tract along a fence a distance of 1245.40 feet to a
Government marker stamped 109-2, 204-1, 1982 situated at the
southwest corner of the said 45.25 acre U.S.A. Tract]
THENCE north 81' {
07' 1610 east along the Government
property line and below the dam at Lake Ray Roberts a distance
of 994,48 feet to the PLACE OF BEGINNING and enclosing 55.9895
acres of land.
I 2.02
Bllmbursement of ro•«. to oan.n.., ~
The DISTRICT agrees to reimburse DENTON a pro rata share
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I of the actual cost
of the
~ plant vita described in Section 2.01,
according to the Participative Share outlined in Article 3.
Said reimbursement shall includ4m interest from and 'after June
15, 19890 at Leven and one half percent (7.5%) per annum until
the Date of Closing.
2.03 Tnooae From °
Any, income generated by the sub-lease, rental or any
other use of the pro ,
perty shall be shared pro rata by DtNTON
and the DISTRICT and shall be credited to the operating and
maintenance expense of the Project.
2.04 ~h.r flea ,
DENTON and the DISTRICT each have the right to use the
property for purposes not directly associated with t
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f Project. However, such use shall not interfere with or be
incompatible with the full and beneficial use of the property
to construct, operate and expand the Project. Such use of the
property, other than for short-term lease (5 years maximum),
shall be limited to activities, purposes and responsibilities
of DENTON or the DISTRICT. Either party shall obtain the
written approval of the other party in accordance with this
Article before placing the property into such use, but such
k approval shall not be unreasonably withheld.
Such use by DENTON or the DISTRICT shall specifically
j include the construction, operation and maintenance of office,
administrative or operational facilities associated with other ,
activities of DENTON or the DISTRICT. If such use involves the
construction of permanent facilities, the property description
for the plant site shall be adjusted to exclude a subdivided
site for such facilities, and a fee simple title to the site
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shall be conveyed to the Party constructing such pa=anent `
facilities. Consideration for conveyance of fee simple title
shall be determined by mutual agreement based on actual cost,
I taking into account the payments already made by that Party and
reimbursement of payments previously made by the other Party
s,
toward purchase of interest in the subdivided site being
conveyed.
The Project Manaqer shall have the sight to permit others
to use a reasonable portion of the plant site on a temporary
basis provided that such use of the water treatment plant site
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the operation and expansion of the
will not interfere with
licens6s, and
project and shall have the right to grant leases,
ermits for such purposes. All such authorized uses shall be
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upon reasonable notice when the ProPertY is needed
cancellable er shall obtain
for project purposes, The Project Manag
Committee for all such
aPPraval of the Construction/Operat®ar duration. Such use shall
1 proposed uses greater than one y
latory authorities
i be in accordance with requirements of requ to by the
Jurisdiction and, unless othez~rise agreed y
having Permitted at the '
shall be leased, licensed or
Parties heretot
reasonable market valuu thereof.
ARTICLE 3 ?
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ACQUISITION OF EXISTING ASSETS +
JOINT DEVELOPMENT or FUTURE ASSETS `
AND
In consideration of the premises and mutual covenants
plans in
herein set forth, the Parties accept the engineering p DEHTin
data by ~
Progress and work accomplished and completed to
as part of the Project subject to the terms of this Agreement
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and hereby' agree as follow t
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t Subject to the ter%* and conditions of this Agr"O'Ontr
between
ition Of the consideration to be exchanged
and in reaoga ees to
DEMON agrees to sell, and the DISTRICT h9v
the Parties rtion to their
buy undivided interest in the Project in proPO
rerpeotive participative Shares
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,I 3.49 ~i 4n{natiW fihastl~
eased on a projected 50-mqd plant capacity, certain
elements of the project will be sized for long-term needs, (20
years or longer) and other elements will be sised for needs
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over a shortst range (approximately 5 10 years).
y, 3.6941 1: aia~ara}
r DUMN and the DISTRICT agree to share the cost of
project elements in accordance with the follovinq schedule
which reflects projections of relative need and participative
Share!
«~~yT yi.lLtltlNG T3~ ef~T* ~TiV~V2 AXLR1
YYiYM~+ iiY.a ;
sit
39 years 19t
plant site Property
Ralf water Transmission 14 years Est 35
Ch"Loal suil g 35t
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Ada{iulet;atiW/main-
renames raoi itiss 13 years ears bit sit
l %
Treatment Plant sit
Auxiliary rao.ilitioa Spears
Treated water 4 1 '
Tramwission Line 90 yearn 141
1111 Potable Water Well 94 your. E
The rispsotive Participation Share shall apply to thaw
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eleasnts o9 the Project thit My be underway at the Wti of
Ciosinq as bell as to future construction and expenditures.
3.89478 LUW
than limos (S)
rot ♦lownts with planning terns lon"r
yeas, the Participative Share shall be redetermined at give
(S) year intervals or in conjunction with expansion of that
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element, whichever occurs first. Participative Share in such
elements shall be redetermined by mutual agreement based on
updated long-term projection of treated water requirements from
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the Project for DENTON and the DISTRICT. The Participative
Share in each element with planning terms ol five (5) years or
lase shall be redetermined at time of expansion of the plant or
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other facilities by mutual agreement, The Participative Share
of capital cost of each party in expanaed or modified
facilities will be calculated on a weighted basis; combining
actual cost of the initial construction and each improvement
thereafter.
?or example, if a Party were a forty-nine percent (494)
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' participant* in an initial element costing one million dollars
($11000,000) and later agreed to take forty percent (404) of a t
Five Hundred Thousand Dollar ($500,000) expansion of that
element, that Party's adjusted percentage of cost participation
in that element would bet
(0444 x 1,0000000) + (0 44 1 500,0001 = 0,46 (464)
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100000000 + 500,000
3,0243 Acalif,ait{on of Ahare from other Party,
it either Party desires to change its ownership
the written
Participative Share in facilities thin existing,
approval of both Parties will be required. The purchasing
party will reimburse the selling Party the sums of money that
would have been paid it the purchaser had owncd that portion of
the Project eles►ent from the time of actual construction, plug
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interest at the weighted average interest rate paid for any
bonds issued for the initial construction and subsequent
improvements. Such costs shall include principle and interest,
and subject to mutual agreement, may include an allowance for
depreciation and for a reasonable portion of maintenance and
operating expenses that otherwise would have been paid by the
acquiring Party if said Party had been the owner from the date
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of original construction or acquisition
3.03 Reimbursement of Coats to OENTON.
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The DISTRICT recognizes that DENTON has incurred certain j~
Project costs in connection with work in progress or completed
{ prior to the Date of Closing. The DISTRICT agrees to reimburse I
i DENTON at the Date of Closing its Participative Share of the
actual costs of construction incurred by or on behalf of the a
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Project prior to Date of Closinq, plus interest after June 16,
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1989 at the rate of seven-and-one-half percent (7.5t) per annul
until the Date of Closing. Actual costs of work in progress or
completed for the Project by DENTON prior to the Contract Date j
are included in Exhibit 9, attached hereto. DENTON will make
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available to the DISTRICT all reasonable records regarding
Costs of Construction of the project necessary to allow the
DISTRICT to review the work and verify such costs included in
Exhibit a and such additional expenditures that may be incurred
by DENTON prior to Date of Closing.
Reimbursement may be postponed for up to 4 months after
closing to alloy sufficient time for completion of the
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necessary bond sale by the DISTRICT. The date of reimbursement
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may be extended by DENTON if requested in writing by the
DISTRICT within said 4 months period Interest will be accrued
until the date of payment, Reimbursement will be for all
reasonable and documented capital costs expended by DENTON for
work delivered, completed or acquired prior to the Date of
Closing,
3.04 Tran fee and Conveyance of Assets.
DENTON shall sell, grant, convey and transfer to the
DISTRICT all of its rights, titles and interests to the land
described in Article 2 and to the improvements described in
Section 3.02 free and clear as undivided proportional interest {
according to the participative Share listed in Section 3.02.
The instrument(s) of conveyance shall be in recordable form and
approved by the general manager and general counsel of the
DISTRICT.
3,05 Ragrresentations of the Parties.
DENTON and the DISTRICT hereby covenant and agree as
follows:
(a) each Party to this Agreement warrants that
its actions in executing and entering into this Agreement j
have been duly authorized in a manner that follows the
laws applicable to it.
(b) Each party to this Agreement warrants that
it shall prooptly and with all due diligence, acting E
jointly or individually as may be appropriate, take all
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necessary actions and endeavor to obtain all regulatory
approvals, licenses, orders and permits necessary to
carry out its obligations under this Agreement, "
3.66 Closing,
The closing of the sale, transfer and conveyance provided
for in this Article hereof (the "Closing") will take place at a
mutually agreeable time and place ("Date of Closing") in
Denton, Texas within ninety (90) days of the Contract Date. '
Such Date of Closing may be extended by mutual agreement,
3.07 g8
The DISTRICT has and will incur certain costs on behalf +
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of DENTON in connection with the Project in fulfillment of its
duties under this Agreement and the contract executed by DENT011
as a Participating Member in the Regional Water Supply System
of the DISTRICT. The DISTRICT will incur certain costs on
behalf of DENTON in connection with DENTON'S participation in
certain pipeline(s) of the DISTRICT'S Regional Water Supply
System. Unless paid currently, such costs related to
construction of the Project and the Regional Water Supply' I
System (plus interest at seven-and-one-half percent (7-St))
shall be credited igainst the amount otherwise due D.ENTON at
closing.
3,08
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The DISTRICT acknowledges that the Town of Corinth
("Corinth") and the Lake Cities Municipal Utility Authority
("LCMUA") are existing wholesale customers of DENTON'S Water
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System. DEK031 acknowledges that Corinth and LCXUA have
contracted to be Participating xembers of the DISTRICT'S
Regional pater Supply System. Further, DJIMN hereby agrees
that it supports and encourages Corinth and LCXDA in their
respective desire to participate in the DISTRICT'S System and ,
DaNTON and the DISTRICT
~ to withdraw from nax'roN's system,
hereby agree to enter into a subsequent letter Agreement for
transfer of the wholesale water service
orderly
responsibilities for Corinth and LCMUA from DpN%x to the
DISTRICT in connection with the DISTRICT developing the ability
to render such service under this Agreoment, DZMV and the
DISTRICT agree to complete such transfer in conjunction with or
prior to completion of the 0I9TRICT's water transmission system
which will enable the DISTRICT to deliver treated rater to its
Customers.
~I !or the tors of this Agrsomeat, DIMM agrees to continue
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to make available the delivery capability and capacity of its
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transmission and distribution system to enable the DISTRICT to
Until the
provide such water service to Corinth and LMA.
Prolect is comistod, DINTOW shall deliver adequate volume eeA
demand to O"t the reasonable requirements of Corinth and
LCxWO whiab xequisomem e may be more or togg than previously
shall
experienced, after completion of the Proysat, Dl11T011
continue to oaks such delivorLea at tho request of Dil"%CT to
the existing Points of Deliwryt however, D=11= shall not be
obligated to deliver a daily peak demand for Corinth or U=
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that is greater than the peak day capacity of their respective
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~ existing facilities to receive water from DENTDN. The DISTRICT
agrees to compensate DENTON for reasonable transportation costs
e,nant Between hENTON eri~„ DISTRICT
e
in accordance with the Ay c
«artnn of Water, which Agreement is attached hereto
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as Exhibit CA
DENTON hereby agrees to waive any penalities or charges
under its existing contracts with Corinth and LCMUA that might
otherwise be associated with a reduction in their purchases or
cessation of their purchases of water from DENTON to the extent
such reduction or cessation is related to their transfer to the
DISTRICT'S System, ~
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ARTICLE 4 j
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OWNERSHIP, RIGHTS AND OBLIGATIONS FOLLOWING ACGUISITION
4.01 Ir:tt'~3t -p-r°_1asS"
l DENTON and the DISTRICT shall have title to the Project 4
as tenants in common and shall, as co-tenants with au undivided 1
interest therein and, subjact to the terms of this Agreement, i~
own the Project and have the related rights and obligations,
including payment therefor, and shall be entitled to the
participative Share for each Project element indicated in s
Article 3.
"Tenants and Not-fArtners.
No provision of this Agreement shall be construed to
create an association, joint venture or partnership or impose a
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partnership duty, obligation or liability on or with regard to
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any of the Parties; nor shall it vest in any Party any interest
in any asset or vau.ture of any other Party now owned or
hereafter acquired other than the Project as specifically
provided herein. Any apparent intent to create by this
y Agreement, or by any grant, lease or license related thereto,
an association, joint venture, trust or partnership or to
impose on any Party trust or partnership rights or obligations
is expressly negated.
4.03 Waiver of Partition.
Until the Project is dissolved or terminated in r
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accordance with this Agreement, the Parties waive the right to
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partition, whether by partition in kind or sale and division of
the proceeds thereof. The Parties agree that during aaid time
they will not resort to any action at law or equity to
partition= and, further, that for said time they waive the
benefit of all laws that may now or hereafter authorize
partition of the properties comprising the Project. y
Each deed or other instnment conveying any title or
right to any Party shall contain such waiver of a»y right to
partition plus such other provisions of this Agreement as
should appropriately be recorded in the deed records of Denton
County,
4.04 Project Mi names.
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In order to provide unified managesient of the Prdjeot, i
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the Parties authorize and designate DEMON as Project XMI&gsr
I to serve at the pleasure of the parties, and DE1MN by
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executing this Agreement agrees to so act. The Project manager
shall design, construct, operate and maintain the Project under
the terms of this Agreement. The Parties agree that, subject
to the rights that each Party has under this Agreement to use
1 and enjoy the
property being conveyed hereby, the Project
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Manager shall have sole possession and control of thn Project
for the Parties, and shall have sole authority for the
licensing, design, construction, operation and maintenance
(including, but not limited to, the enforcement of all
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warranties on equipment) of the Project in accordance with
Prudent Utility Practice and in such manner as is requlred in j
l the reasonable judgment of the Project Manager to obtain i
approval of or comply with the requirements of regulatory i
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agencies having jurisdiction.
4.05 Constructionfat~na c+~~~~r*e
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A six member Construction/Operating Committee (the
"C.O.C."} is hereby established for the purpose of reviewing
general construction activities; providing general oversight of
operating activities; and carrying out other duties specified
in this Agreement. The Executive Director of Utilities for
DENTON shall serve as the C.O.C. chairman and the General
Manager of the DISTRICT shall serve as cc-chairman. In
addition, the governing bodies of DENTON and the DISTRICT will
each appoint two members who are not elected officials to the
committee.
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l At the call of the chairman or co-chairman, the C.O.C.
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Will meet at least once every quarter. Either the chairman or
co-chairman may submit agenda Stems for meetings of the C.O.C.
' The C.O.C. will prepare and submit a written semi-annual report
to the DISTRICT and to DENTON'S Public Utilities Board (PUB).
The C.O.C. will establish its own meeting rules and regulations ;
to provide for the efficient conduct of its duties and
responsibilities. s ,
Prior to construction, the C.O.C. shall have an {
opportunity to review and comment on engineering reports and
construction plans.
During constructiono the C.O.C, will oversee the project
and review all contracts and change orders over. Tan Thousand..
Dollars (5100000). 3
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once any portion of the Project is operational, the
committee shall oversee operation, shall participate in review
of the annual budget and shall recommend terms, rates and
l conditions for providing services rendered under this Agreement$
4.06 croiect Fae1QVeea•
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workers of the Project shall be "ploy"s of the Project i
Manager. They shall receive compensation and benefits and ti
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shall be subject to all personnel ordinances, policies and
procedures of the Project manager.
4,07 Proieat B22S sentative.
Dt11 M and the DISTRICT shall each designate a
representative to serve as its liaison for the Project, Office
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space will be provided in the Project administration building
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for use by the representatives in performing their duties.
4.08 Hp„_CoMpens tion.
In the licensing, design, construction, operation, and
maintenance of the Project, both DENTON and the DISTRICT, shall
act without compensation; provided, however, each Party shall
make the payment or reimbursement of costs and expenses as
provided herein, 7t is agreed by both DENTON and the DISTRICT
that the mutual benefits of joint participation in the Project
and the reduced cost of service provided to both parties by the
Project shall constitute adequate and reasonable remuneration
for the respective services rendered by and contributions made f
by each Party respectively to the Project.
ARTICLE 5 -
CONSTRUCTION, OPERATION AND LICENSING 111
1
5.01 Reaulatorv h,ppgoval.
The Project Manager, acting an agent for the Partios, 1
shall take whatever action is necessary and appropriata to seek
and obtain all licenses, permits and other rights and
III ~
regulatory approvals necessary and appropriate for construction
and operation of the Project.
5,02 Prudent ytiLtX Practice,
The Project manager shall construct and operate the
Project in accordance with prudent Utility Practice.
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i 5.03 QPt°..~.to In-fID.
Pursuant to the gederal guidelines established by C.O.C.,
the project Manager shall, in a timely manner, keep the parties
informed Of all significant matters regarding the construction
and operation of the Project. The Project Manager shall not
withhold from the Parties information necessary for the
performance of their respective duties as set forth in this
Agreement.
5.04 a®narate Racord4•
The project Manager shall establish complete and accurate
enterprise format using a
accounting records In a utility
The Project Manager shall
uniform system of accounts.
maintained, separate, appropriate
maintain, or cause to be
{ documentation and records of written statistical and
administrative reports, written budgets and information, and
}
other similar records, including expenditures and charges made
the Project Manager, together with all other
and incurred by
charges, payments, and ar.Y expenses or receipts relating to
such Project construction or operation or regulatory approval,
Such records of the Project lianager shall be made available
each, Party as well as
upon reasonable notice for inspection by
auditors appointed pursuant to Paragraph 7.09 at all reasonable
times. I
Any and all licenses, permits', aptprovals, contracts,
obligations and commitments obtained, made and entered into or
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f incurred by DENTON prior to the effective date of this
1
Agreement in connection with the acquisition and construction
of the Project are here')y ratified and approved by the
DISTRICT. A list of licenses, permits, contracts, obligations
and commitments and the amounts extended and committed
t
therefor, prior to the Contract Date, as well as certain
notations as to current status and possible future
modifications thereof, is at,.ached hereto as Exhibit B and made
a part hereof.
ARTICLE 6
I
EXECUTION OF CONTRACTS
6.01 parties to Contract. i
l
The contracts covering the design, engineering,
procurement, installation, construction, operation and
maintenance of the Project described in Article 1 shall comply
with all applicable laws and governmental regulations and shall
be executed by the Project Manager. Each contract executed as
part of the Project shall provide for several, but not joint,
3
liability of DENTON and the DISTRICT in accordance with their
respective Participative Share to appropriate, of all contract
amounts which are payable. No f:ontract contemplated by this
Paragraph shall provide for retention by a supplier of title to
property purchased for the Project after the delivery of the
property at the Project site.
6.02 Dut_„ to Use Go Faith.
I
1111 contracts shall be entered into in good faith in a
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manner designed to result in the lowest reasonable coat
consistent with Prudent Utility Practice,
6.03 TLgtting of Contracts.
i
As a matter of normal practice, separate contracts for
readily separable parts of the work to the extent consistent !
7o with the construction of the Project shall be awarded at the
least overall cost, consistent with high quality, Prudent
Utility Practice and the requirements of
, governmental agencies ;
having jurisdiction. As a matter of policy, bids shall be
requested from qualified contractors. Prequalification
,
requirements may be used to evaluate contractors. Customary E
practice, city ordinances and state law shall govern the award
i
of contracts.
5.04 Anproyal Praeems.
Except as indicated below, DENTON and that DISTRICT agrew
that the project Manager shall have final responsibility of
' reviewing, approving and executing all contracts relating to
the Project. '
All agreements, including contracts and change orders,
less than or equal to Ten Thousand Dollars ($100000) shall be
executed by the Project Manager in accordance with DENTON'S
policies and procedures, a summary of which shall be provided
to the DISTRICT in accordance with Section 1.04.
All agrements, including contracts and change orders; L
greater than Ten Thousand Dollars ($10,000) and less than or
equal to One Hundred Thousand Dollars ($100,000) shall be
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a reviewed and approved by the C.Q.C. and then processed in
accordance with DENTON'S standard policies and procedures. The
C.O.C. shall be convened as necessary to review proposed
contracts in a timely and efficient manner to serve the best
interest of the Parties.
All agreements, including contracts and change orders,
greater than One Hundred Thousand Dollars` ($100,000) shall be reviewed
by the C.O.C. and approved by the DISTRICT Board of
Directors= after which, such agreements shall be processed in
accordance with DENTON'S standard policies and procedures. The
DISTRICT Board of Directors may be called into special session
i
as necessary to considor or review a proposed contract in a
and efficient manner to serve the best interest of the
j timely
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ARTICLE ?
i
CONSTRUCTION AND OPERATING COSTS AFTER ACQUISITION OF ASSETS
1.01 c^'"` o Construction.
DENTON may make periodic progress payments to
contractor(s) in the full approved amount of invoice less
retainage. D8MX shall render an invoice to the DISTRICT for
the DISTRICT'S percentage share of such progress paysents
includLiq retainage and DISTRICT shall reimburse DLN'ON,
DENTON shall deposit the retainage in an interest bearing
reserve account pending the contractor's successful completion
of the contract. Interest earned on the DISTRICT'S share of
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such reserve account shall be credited to the costs owed by the
DISTRICT to DENTON.
7.02 Coats of Oeo+'AHn
Operating costs shall be provided for in the annual
budget. The budget shall identify costs in appropriate
j categories, including those described in paragraphs 7.02.01,
7.02.02, 7.02.03 and 7,02.04. The DISTRICT shall reimburse
r,
DENTON on a periodic basis for such costs in the manner
described herein. E
i
7.02.01 Fixed Operating LILU
Fixed operating costs shall include, but not be limited I
to costs such as debt service and those payroll amounts, which .
do not vary with water plant production. The DISTRICT shall
transfer sufficient funds to DENTON to pay for the DISTRICT'S 4
percentage share of fixed operating costs. The DISTRICT shall
make the t;ansfer on a monthly basis, in advance, according to
a mutually approved schedule consistent with the budget.
Unless otherwise agreed, payment shall be made at least five
calendar days prior to the first day of the month in
consideration.
7.02 , 01 VariabL ~ g ~
Variable operating costs shall include, but not be
limited to chemicals# electric power, fuel and other cost items
that vary with water plant production,
The actual variable operating costs wall be calculated on E
a monthly basis. Variable operating costs will be proportioned `
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to D£NTON and the DISTRICT iii accordance with the volume of
treated water produced for each respective Party, The Project
Manager shall determine the actual variable costs after the end
of the month and submit an invoice to the DISTRICT for its
proportional share of the costs. The DISTRICT shall reimburse
i
` DENTON for invoiced costs according to the approved budget,
i
7,02.03 Emergency and Unfgreseen Expenses.
Emergency and reasonable unforeseen expenses will be
L considered normal costs of ownership. DENTON and the DISTRICT
fk recognize that emergency and unforeseen expenses will occur and
I 1
have provided in Section 7.03 for a reserve fund which shall be
i
used to Accommodate such costs. If at any time, the reserve
fund is not adequate to cover the cost, the actual cost will be
I
billed by occurrence and proportioned based upon Participative
Share of the Project unless the C.O.C. determines another
method of cost allocation is more appropriat,j.
7.02.04 I45jirect Coat.
Indirect Costs are defined to be those administrative
costs incurred by DEMN other than by the Utilities Department
in support of the Project. Compensation for Indirect Costs 1
shall be limited to sorvices rendered by administrative and ;
support departments, including personnel, data processingr a
finance$ legal, etc. Indirect costs shall be paid in monthly
payments on a schedule developed in the same manner as the
i
schedule for fixed costs.
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Until an Indirect Cost study is accomplished, DENTON and
the DISTRICT agree that indirect cost will be equal to
percent of the annual Project operation and maintenance
cost. Indirect Cast will be itemized in the annual budget.
7.02.05 Direct Coat.
Services rendered by the Utilities Department of DENTON
in direct support of the Project shall be considered a Direct
cost, shall be included in the approved budget and shall be
billed to the Project at actual cost for services rendered.
Outside services and purchases contracted directly for the
Project shall be considered a Direct Cost.
7.03 Operating Reserve, €
A separate account shall be established for the purpose
1
of maintaining an operating reserve. The reserve may be used 1
I
to cover the oast of emtrgency and unforeseen expenses as
i
described in paragraph 7.02.03. The Normal. Level of the
operating reserve shall be defined to be tan percent (10%) of i
the annual fixed and variable operating costs and shall be
accumulated over a three (3) year period after the Project
i
becomes operational. Whenever the reserve balance is less than ~
f
the Normal revel, the budget may include a line itea to restore
,
the reserve to Normal Level. DOMM and DISTRICT shall be '
{
responsible for respective share of such reserve and shall
contribute to the fund on sane schedule as for Tined Operating
costs. f
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Whenever the reserve balance is equal to or above the
Normal Level, deposits from the budget will cease, All
interest earned by the reserve fund will be deposited in the
i
reserve fund until the balance exceeds twenty percent (204) of
the fixed and variable operating budget.
t
Whenever the reserve balance exceeds twenty percent (201)
of the fixed and variable operating budget, the interest earned
on the account will be deposited to the operating fund and ;
i
credited to DENTON and the DISTRICT , in proportion to thei!
respective contributions to the fixed and variable operating
costs during the period that the reserve balance was
j
accumulated. c
7,04' Rudamts and Estimates.
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7.04.01 C=s-of Construction.
The Project Manager shall provide the Parties and members _ f
of the C.O.C. with the following reports and forecasts during
,
the Project construction periods
(1) A detailed report of Coats of Construction (to
date and projected) of the overall Project,
updated annually in July.
(2) Quarterly estimates of cash requirements for the
next succeeding four calendar months covering the
overall Project, The first estimate for each '
fiscal year will, be provided no later than
September 15 and subsequent estimates shall be
provided at 90 day intervals.
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Estimates distributed in April and July shall be
extended to show cash requiremants by months
through December of the current calendar year.
(3) Monthly construction cost report indicating actual
and projected construction costs and construction
expenditures and change order summaries.
(4) Such other forecasts or reports as may reasonably
be necessary for DENTON and the DISTRICT to carry
out their respective obligations under this
agreement.
7.04.02 costs of Operation.
The Project Manager shall provide the Parties with the ,
following budgets, reports and forecasts during the operation
period of the Projects
E
(1) A detailed approved budget for operation and ;f
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maintenance of the Project by month for the next
succeeding fiscal year and forecasts of Costs of
operation for the next two fiscal years, provided '
` no later than October 15 of each fiscal year.
(2) Budget amendments as necessary. f
(3) Monthly operating reports indicating actual and
projected operating costs and actual costs
compared to budget.
(4) Such other reports and forecasts a■ may reasonably
be requested from time to time by either Party,
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7.04.03 Budget Preparation and Approval.
The Project operating budget is dependent upon and
impacts the budgets of DENTON and the DISTRICT. To facilitate
the budget process of all involved parties, the Project
operating budget will be prepared in accordance wi.t. the
following schedules
1 F ASE, DUE DATE
1. Preliminary Projections March 1
2. Preliminary Budget May 1
3. Proposed Final Budget July 15
The above schedule may be moved forward, in order to
r
accommodate either party's particular needs as prescribed by
state statutes or city ordinance, but the schedule may not be
delayed# except by mutual agreement. Each phase of the revit+w
process will include a review and recommendation by the C.O.C.
to be forwarded to the DISTRICT Board of Directors for their
review and approval prior to submission to the Denton City
council.
7.05 Year End AdJustment.
The operating results and records will be reviewed at the
end of each fiscal year for fixed, variab?a, emergency and
unbudgeted costs. The actual year end expenses as proportioned
to and paid by the DISTRICT and DENTON shall be compared to the
actual usage and ownership responsibilities under this
Agreement, Allocation of costs shall be adjusted to reflect
actual results and the account of each Party assessed or
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credited their respective amount.
The accounts of DENTON and the DISTRICT shall be adjusted
to reflect actual costs and results for the fiscal year. Any
excess or deficiency shall be adjusted as recommended by the
C.O.C., generally by appropriate payments or by credits on
subsequent bills.
7.06 Study o Indirect Cost,
The Project Manager, under the guidance of the C.O.C.,
shall complete an interim study of Indirect Cost within two
years of the date of this Agreement to establish interim levels
of Indirect Costs. The results of such interim study shall be
used to estimate Indirect Cost until at% independent study is
:5. lucted. / A study conducted by an independent consultant
shall be budgeted for and completed in the third year of plant
operation. A first which is familiar with water utilities,
which has experienco with such studies and which has sufficient
certified public accountants to complete the study shell be
employed to conduct the study of Indirect Costs. The study
shall establish the continuing methodology and provide for
periodic,updates of Indirect Costs.
7.07 Yntsrast Income.
Funds paid in advance by the DISTRICT under this Article
shall be deposited in interest bearing accounts. The interest
earned shall be deposited in the same account and credited
toward the DISTRICT'S payment to the appropriate operating tnd
construction funds.
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7.08 karate Records y
8nys--etEp-a at4k Funds.
All cost expenditures and other accounting items referred
to in this Agreement shall be determined from separate books
and records that the Project Manager shall maintain for the
Project.
Assets and funds of the Project shall be considered a
separate and sacred fund. As such, the assets and funds of the
Project shall never be used by either Party for any purpose
.
other than to render the services contemplated by this i
Agreement and to maintain the costs of those services at
reasonable levels. `
7.09 Annua_i Audi,
The Project Manager shall cause all Project accounts to
be audited at annual intervals. A copy of the report of such
Project accounts issued by said independent Certified Public s
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Accountants shall be provided to each party, The cost of the ;
audit shall be included in the annual budget and paid for by
DENTCH and the DISTRICT in proportion to their respective
participative share. The independent Auditor shall be selected
by the Project Manager from a list prepared by the C.O.C. of
eligible and qualified firms.
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7.10 Fiia`i,
For all purposes contemplated in this Agreement, the ;
fiscal year shall be October 1 of each calendar year through
September 30 of the next following calendar year,
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ARTICLE 8
USE OF RESERVE CAPACITY
8.01 Qeneral•
Due to the time and cost required to anticipate, plan and
construct utility capacity and due to the uncertainty of
projecting utility demands, it is accepted operating practice
to design and construct water treatment capacity sufficient to
supply demands well into the future including a reasonable
reserve capacity. It is intended that both Parties will
maintain sufficient capacity in accordance with their
respective ownership to supply their reasonable projected
needs. However, to maximize the use and efficiency of the
installed capacity, DENTON and the DISTRICT agree to make their
respective reserve capacity available to each other on
` reasonable terms and to provide compensation for any such
f reserves used in accordance with the tarns established herein.
Planning for facility expansions will be based upon the total
facility capacity and the combined demand projections of DENTOIi
and the DISTRICT. The amount of reserve capacity will be based
upon Prudent Utility Practices.
8.02 Planning for Reserve CApac; v.
DENTON and the DISTRICT agree to coordinate the planning
of ospital facilities for the treatment and delivery of surface
water in accordance with Article 10. Such planning shall
include reasonable allowances for reserve capacity to provide
for future or mergency require"nts. It is anticipated that
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increases in demands experienced by DENTON'S and the DISTRICT'S
respective systems may cause one Party to fully utiJ,iz,r its
installed capacity, including reserve, prior to the other ii
Party. This potential condition shall be taken into account in
the coordinated planning for system expansions of both
Parties. DENTON and the DISTRICT agree to provide for the
necessary and prudent reserves under their respective ownership
to meet reasonable expected growth in treated water needs of
each Party's system, which reserves, in part, will enable both
parties to maintain an orderly expansion program.
8.03 Use of Reserve Capacity and Reserve Aggaements.
In conjunction with the annual planning of capital
facilities, DENTON and the DISTRICT shall advise each other
concerning expected need to use reserve capacity of the other
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during the succeeding three-year period. Such exchange of
information will br fur planning purposes only and will not I
constitute an offl,>%al request or offer. For purposes of
administering this Article, the Parties shall develop a
standard Reserve Agreement for use of temporary reserve
i
capacity, If either DENTON or the DISTRICT desire to use a
portion of the reserve capacity owned by the other during the
next following fiscal year, a written official request as to
the amount and schedule of need must be submitted prior to May
1 to allow sufficient time for both operational and budget
planninq, Unless objected to within thirty (30) days, such
request shall be granted upon the execution of a Reserve
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Agreement; otherwise, use of reserve capacity owned by the
other party shall always be a matter requiring mutual
agreement. If either Party requests uis of reserve rapacity at
any time other than in conjunction with the May 1 process
outlined above, the availability of, access to and terms of
such reserve will be subject to mutual agreement. Any reserve
capacity made available for the use o' the other Party shall be
t
released back to the owning Party in strict accordance with the
schedule agreed upon in the Reserve Agreement.
Servicc may be provided from capacity reserved in
facilities other than those of the Project. DENTON or the
DISTRICT may provide requested service from other facilities
under their respective ownership or control. j
E Charges for such use of reserve capacity shall recover
actual costs] and shall conform to generally accepted
1 principles of utility rate making. Cost of service guidelines
shall be developed by the C.O.C. pursuant to Article 15 and
shall be the same for both Parties under this Agreement.
i
8.04 Customers of District. J
The DISTRICT has executed individual long'-term wholesale l
treated water contracts with various participating members and
utilities for treated water from the Project. The DISTRICT MAY
execute additional such contracts or may increase quantities
under existing contract, in the initial phase of the Project,
the DISTRICT experts to, but is not obligated to# supply
treated water from the Project to all such contracting
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parties. The DISTRICT may need to expand the Project under
terms of this Agreement and may develop otter projects to
fulfill its obligations under such contracts. DENTON agrees to
cooperate with the DISTRICT as may be necessary to permit the
DISTRICT to carry out its water supply contracts, but DENTON
has no responsibility to finance or subsidize such service to
members and customes of the DISTRICT.
8,05 Lease Purchase of initial Reserve Capacity.
In the initial phase of the Project, DENTON and DISTRICT
i
area that DISTRICT Is expected :o need access to more
treatment capacity than the 494 Participative Share owned by
,
the DISTRICT. Prior to the next expansion, it is expected that
the DISTRICT will need up to 1.9 mqd treatment capacity in
addition to the DISTRICT'S 49% (4.9 mqd) Participative Share
planned under this Agreement as part of the Project.
DENTON agrees to convey to the DISTRICT on a
lease-purchase basis 1.9 mqd of treatment capacity in the
Project In addition to the DISTRICT'S 49! Participative Share. '
DISTRICT will compensate DENTON for said 1.9 mqd lease-purchase
by reimbursing DENTON its actual cost of debt service and i
reimbursing DEMN other fixed operating costs that would have
been paid if said 1.9 mqd were included in the DISTRICT'S
Participative Share under this Agreement. In addition, the
DISTRICT will pay any variable cost associated with actual use
of said capacity by DISTRICT.
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Said lease-purchase will continue until the treatment
plant is expanded under terms of this Agreement. Upon
completion of a future expansion of the treatment plant, unless
the DISTRICT gil,es prior written notice of its intention to
terminate said lease-purchase, DENTON shall convey by suitable
instrument said 1,9 mqd capacity in the treatment plant to
DISTRICT. DISTRICT shall compensate DENTON for said conveyance
by assuming the remaining debt service on said share of the
treatment plant. DISTRICT may eithert (a) issue its iwn bonds
and reimburse DENTON the pro rata principal balance for said
i
1.9 mgd capacity remaining at date of said conveyance) or, (b)
DISTRICT may continue to reimburse DENTON its actual debt
service, including actual interest, plus an increment of one
I
and one-half (1.5) percent per annum above the amount of
f
interest provided for within the debt service schedule within
its then existing bonded indebtedness for the Project.
The DISTRICT may terminate said lease-purchase by written i
notice to DENTON in conjunction with an expansion of the
treatment plant. If so notified, DENTON shall refund the
j DISTRICT actual debt service payments, including principal and
interest, made to DENTON by DISTRICT pursuant to this Section.
8.06 Construction SchadulefXQtsXL purchase of Rater,
DENTON and the DISTRICT hereby express their mutual
intention to complete the Project according to a schedule that
will provide for the reasonable water supply requirements of
DENTON and DISTRICT and that will allow DENPON and DISTRICT to
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meet the combined volume and demand requirements of thoir
respective customers, Until the Project, including the joint
Water Treatment Plant, is completed, DENTON agrees to sell
potable water to the DISTRICT in accordance with the Agreement
for Interim Treated Water Supply executed by DENTON and
DISTRICT and attached hereto as Exhibit D.
ARTICLE 9
METERING AND DELIVERY
9.01 General.
Metering and delivery points will be constructed at
i
locations where needed t,i determine the share of facility usage
by the Parties, Metering and delivery points will also be .
constructed at locations where treated water will be
transferred from the control of the Project Manager to either
DENTON or the DISTRICT. The C.O,C. will approve the location
of metering facilities and operating practices related thereto,
subject to the provisions of this Article.
9.02 Ownership and .ont9211, I
Meter facilities required to operate the Project Ln &n
i
efficient and prudent manner or to determine the respective
use of the Project by DXNTOM or the DISTRICT shall be
furnished, installed, operated and maintained as a part of thh
Project.
Meter facilities required to determine the quantities of
water actually delivered to DENTON or the DISTRICT shall be
furnished, installed, operated and maintained by the receiving '
Party.
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9.03 Metering cui ment.
Meters and other equipment ii.stalled pursuant to this
Article shall remain the property of DENTON and the DISTRICT
respectively, or the joint property of the Parties, according
to the circumstances. Each Party shall inspect, calibrate and
adjust its meters at least annually as necessary to maintain
accurate measurements of the quantity of treated crater being
delivered. Each Party shall have access to the metering
equipment for measurement of its water at all reasonable times
for inspection and examination, but 0;e reading, calibration
i
' and adjustment thereof shall be done only by employees or
s
agents of the owner of the mater. If requested, the affected
Party may witness such reading, calibration and adjustment of
I meters. All readings of meters will be entered upon proper
books of record maintained by the owner. either Party may have
G
} access to said record books durinq normal business hours.
1 '
Either DENTON or the DISTRICT may request, in writing,
that the other Party calibrate any meter or meters affecting
its cost,or charges under this Contract in the presence of the
requestinq Party. Either Party will make up to two (2) such
calibrations in any fiscal year at no charge to the requesting
Party, A11 requested calibrations in excess of two (2) will be
made at the expense of the requesting Party, except when the
accuracy of the meter is beyond the limits of cosmorcial
accuracy in which case the ow•.ler shall bear ■uch orpense. If,
for any reason, any meter is out of service or out of repair,
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or if, upon any test, the percentage of inaccuracy of any meter
is found to be in excess of commercial accurac, which unless j
otherwise agreed to shall be considered to be plus or minus two
percent (2%+ or registration thereof shall be corrected for ;
a period of time extending back to the time when such
inaccuracy began, if such time is ascertainable, and if not
ascertainable, then for a period extending back one-half (1/2) ;
of the time elapsed 4ince the date of the last calibration, but
in no event further back than a period of six (6) months.
if either Party at any time observes an apparent error in
meter registration or readings, such Party will promptly notify
the other tarty. When agreed, the Parties shall cooperate to
procure an immediate calibration test and joint observation of
any adjustment and the same meter or meters shall then be
adjusted to accuracy, Each party shall give the other Party at j
least forty-eight (48) hours' notice of the time of all tests
of meters so that the other Party may conveniently have a
C
representative present.
if for any reason any meters at* out of repair so that 1
the amount of water delivered cannot be ascertained or computed
from the reading thereof, the water delivered during the period
such meters are out of service or out of repair shall be
estimated and agreed upon by the parties hereto upon the basis
i
of the best data available. For such purpose, the best data
available shall be deemed to be the registration of any check }
meter or meters if the same have been installed and are
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accurately registering. Otherwise, the amount of water
delivered during such period may be estimated (i) by correcting
the error if the percentage of the error is ascertainable by
calibration tests or mathematical calculation, or (ii)
estimating the quantity of delivery by deliveries during the
preceding periods under similar conditions'when the meter or
y
meters were registering accurately.
9.04. Unit of Measurement.
The unit of measurement for water delivery from on to the
Project shall be 1,000 gallons, U.S. Standard Liquid Measure.
9.05. tgcess
Each Party agrees to provide ingress and egress for the f
employees and agents of the Party that owns the meter to all tt
i
its premises inside ,3rty's boundaries as required to install,
operate, inspect, test and maintain meter facilities.
9.06. Transfer of Ownership., i
Certain metering equipment and related facilities have
i
~ been furnished and installed by Corinth and LCMU1► to measure
the quantity of water delivered by DENTON to Corinth and LCMUAi
respectively. Ownership of such facilities was conveyed to
DENTON by Corinth and LCMUA and DENTON has oporated and
maintained such metering facilities. DEMON agrees to convey
without cost any such metering facilities to DISTRICT in
conjunction with the transfer of water service responsibilities
for Corinth and LCMUJ► from DENTON to the DISTRICT in accordance
with Section 3.08. DEMPON agrees to convey such metering
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.f,erntay?
facilities in good condition and will provide written
certification that such' meters have been calibrated with 12
reviovs to the meters being conveyed.
months p
ARTICLE 10
FACILITY EXPANSIONS
10.01 '^^"l-=%ut.
D'ENTON and the DISTRICT will prepare jointly an annual
forecast of water supply and water treatment facilities and of
The forecast i
water demands for the successive ten-year period. i
V
will include an incremental analysis of DENTON and the
DISTRICT'S customer demr.nds, an indication of which water
source can most efficiently most the respective
treatment j
I demands of DENTON and the DISTRICT. Demand forecast will
j year and normal year projections. Other
~ include both drought Y optimum
information may be included as deemed necessary for the
performance of the Project.
10.02 ~.r ~',^+tal imdrov me~proaram. ~ File= DENTON and the DISTRICT will prepare jointly
an annual
Capital Improvements Program for the successive live-year
the forecast
period. The program will be based upon
information and will include as accurately as possible those
to maintain plant performance,
ements necessary
rov
lePcapital the supply
comply with regulatory requirements and to meet
demands of DVMN and the DISTRICT in an equitable and
1
efficient mannera while both DBNTON and the DISTRICT agree tO
coordinate capital planning for mutually beneficial reasons#
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neither Party waives any of its options for meeting the needs
of Its customers, including facilities unrelated to the Project,
10.03 gxnansfons.
The Project is being designed to be expanded in
approximately lU mqd increments. However, it is agreed that
certain technological improvements and adaptations may allow
capacity to be increased in increments other than 10 mgd.
Planned expansions will be based upon the most recent
annual forecast and will be scheduled to place the expansion in
service before the actual use (drought or normal year) equals
ninety-five percent (951) of the rated capacity. The Parties
agree to a guideline of planning expansions to provide
i
sufficient capacity for approximately a five-year interval
after said expansion is placed in service. The parties may, by j
mutual agreement, expand various elements of the Project for
j) planning periods shorter, or longer than such five-year period.
10.04
DENTON desires to maintain at least fifty-one percent
(511) ownership of the Project, unless otherwise agreed,
DZNTON'S'participation in each expansion shall equal their
projected needs or shall be sufficient to maintain fifty-one
percent (51%) ownership of the Project, whichever is greater.
Based upon a review of each annual forecast by the
Project Manager and C.O,C., the Parties may initiates an
expansion, whenever the Project Manager anticipates issuinq a
Request for Proposals to initiate an expansion of one or more
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~3lements, DENTON and the DISTRICT will process a Letter of
Agreement indicating each Party's Participative Share in the
expansion and each Party's revised overall Participative Share
in the Project.
If DENTON elects an option resulting in their
Participative Share becoming less than fifty-one percent (51!),
;
then this Agreement will be automatically reopened to those
issues potentially affected thereby, including Section 4.04
regarding designation of Project Manager,
10.05 Duty to Ex9ansi.
If the cooperative capital planning required by this
Article indicates an expansion of the Project is required, and
if either Party to the Agreement r? quests such expansion, S
DENTON and the DISTRICT agree to take such measures as may be
reasonable under the facts and circumstances to implement such
1
expansion. Generally, DENTON, in its role as Project !tanager
and in recognition of its majority ownership position may
i
expand facilities to meets its needs as required on the 3
condition that cost and ,service to the DISTRICT will not be
adversely, affected. However, DENTON shall always notify the
DISTRICT of such plans to expand and shall allow the DISTRICT i a
to participate in such expansion. If the DISTRICT requests an
expansion to meet its requirements, DENTON shall have the duty
and obligation to cause such expansion to take place in a
timely manner unless DUMN otherwise makes adequate capacity
available to the DISTRICT in a manner and on terms satisfactory
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to the DISTRICT. DENTON agrees that it will never in its role
as majority owner or Project Manager prevent the DISTRICT from
obtaining it's capacity requirements from the Project with the
further understanding that the DISTRICT will be responsible fon
the entire cost of any expansion performed solely for the
DISTRICT.
ARTICLE 11
WATER RIGHTS
11.01 Watsr Rights.
DENTON and the DISTRICT acknowledge that nothing in this
Agreement is intended to transfer any water rights from DENTON
to the DISTRICT or to any other entity. The DISTRICT is
responsible for making its own provisions for raw water supply t
and agrees to do so by separate action, contract, or agreement.
11.02 Water atiugnly,
3
DENTON and the DISTRICT, individually and respectively, ,
will be responsible for their respective raw water supply
j
needs. DENTON and the DISTRICT may participate jointly to
acquire additional water rights or raw water supply, provided }
i
that the governing bodies enter into appropriate agreements as ;
prescribed by law.
11.03 Ts~oorarw Sale of Raw Water.
The DISTRICT acknowledges that DENTON has certain water
rights in Lake Lewisville and Lake Ray Roberts, which rights
have been granted by the State of Texas to DENTON.
If DENTON determines that it has raw water temporarily
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surplus to its current needs, it may offer by letter such water
for sale to the DISTRICT for temporary use from time to time,
in such quantity or for such period of time as it may determine
serves the bes'c interest of DENTON,
Recognizing that DENTON has an obligation to take or pay
for 500,000 gallons per day of raw water under its contract
with City of Dallas ("Dallas"}, DISTRICT agrees to cooperate
with DENTON in the use of said water. If DISTRICT agrees to
purchase raw water from DENTON, the DISTRICT agrees to purchase
the first 500,000 gallons per day at the price actually paid by
DENTON but not greater then the posted price for such raw water kk
f
by Dallas.
If additional water is offered at a price no greater than
eighty percent (801) of the posted price for raw water then t
offered by Dallas, the DISTRICT may accept said offer by letter E
under the terms of this Agreement without the necessity for
amendment or separate agreement with the further stipulation
that DENTON as Project Manager and seller will have the right
to terminate such sale upon sxx-month written notice.
ARTICLE 12
PROJECT OPERATION
12.01 Ilutias of Project Kanegx,
The Project Manager as designated in Article 4.04 shall
a
have the authority and responsibility to execute the duties
assigned under this Agreement. The Project Manager under the
general guidance of the C.O.C. shall establish the operating
i
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practices and procedures for the Project, including performance
and efficiency testing, establishing inventories for spare
parts, materials, equipment, and supplies in accordance with
good business practice. The Project Manager shall have no
authority cc sell or otherwise dispose of any Party's share of
water or service from the Project and shall operate the project
in accordance with Prudent Utility Practice for the benefit of
all Parties with the objective being to operate the Project as
efficiently, economically, and reliably as feasible.
The Project Manager shall solicit recommendations from
the C.O.C. at least annually, for improving the operation and
performance of the Project. ?
The C.O.C. may after
recommendation to the Project Manager at any time,
12.02 The Project Manager and the Parties will cooperate with
i each other in all activities in connection with the Project
including, without limitation, the execution and filing of
applications for authorizations
► permits and licsnsef and the
execution of such other documents as may be reasonably
necessary to confirm the authority of the Project Manager to
I
i
act for the Parties in connection with the Parties' interests
in the Project and the assumption
by the other Parties of their
proportionate shares of the obligations to be assumed hereunder,
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ARTICLZ 13
'DESTRUCTION
13.01 If covered by Insurance.
If any portion of the Project should be damaged or
destroyed to the extent that the estimated cost of repairs,
replacement or reconstruction is not more than one hundred
percent (1001) of the aggregate amount of the proceeds from
property damage insurance carried and covering the cost of
I
repairs, replacement or reconstruction of such portion of the ti
Project, the parties, unless otherwise unanimously agreed, {
shall repair, replace or reconstruct such portion of the 1
Project to substantially the aame general character or use as
the original. z
l 13.02 if Not Covered by Tne=,
If any portion of the Project should be damaged or ,
destroyed to the extent that the estimated cost of repairs,
replacement or reconstruction is more than one hundred percent
(1001) of the aggregate amount of the proc,*6ds from property
damage insurance carried and covering the cost of the repairs,
replacement or reconstruction of such portion of the Project,
the Parties shall, upon agreeswnt, repair, replace or
reconstruct such portion of the Project to substantially the
same general character or use as the original; provided,
however, that should both of the Parties not agree to repair,
replace or reconstruct such portion of the Project, but one of
the Parties nevertholess desire so to do, then any Porty who
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does not agree to repair, replace or reconstruct shall sell its
undivided ownership interest in the Project to the Party
desiring to repair, replace or reconstruct such portion of the
Project for a price equal tD the selling party's ownership
interest in the salvage value of such portion of the Project
plus such Party's proportionate cost, lesa depreciation at
straight line rates in its interest in the remainder of the +
Project.
ARTICLE 14 j
TRANSPORTATION OF WATER
14.01 Ag eemant to Transggrt. Limitations,
DENTON and DISTRICT acknowledge and agree that
pF1Y system
u
II
i
~ implementation of the DISTRICT'S regional water s
contemplates and is based on transportation of limited amounts E
of the DISTRICT'S treated water through DENTON'S water i
transmission and distribution system, as outlined in the
l Plummer Report. DENTON agrees to (a) transport treated water j
j E
for delivery to Corinth and LCXUA in accordance with Section 1
3.08 and to (b) transport up to an additional ten (Yo) mqd of
DISTRICT'S treated water from the Project and expansions
thereof both in accordance with the Transportation Agreement
executed by Di ODY and DISTRICT and attached hereto as Exhibit {
C.
14.41 ,mast of TXAAK99=UU,
DISTRICT agrees to compensate DENTON for transportation
of such treated water under this Artic U by reimbursement of
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DENTON'S rost on a generally accepted utility cost of service
basis. Such cost of service shall be determined pursuant to
11i
Article 15 of this Agreement and to the Transportation I
Agreement attached hereto as Exhibit C.
1 ARTICLE 15
COST OF SERVICE
{
15.01 Coat of service E ncin1 ,
Generally accepted cost of service principles shall be
employed in determining cost of transportation of water under
this Agreement and for determining the price of water to be
purchased by either Party under other provisions of this
Agreement. Said cost of service principles shall- be in
i
accordance with utility basis for rate making methodologies
accepted j
by the Texas Water Commission. Said oast of service ~
principles shall include the cost of operation and maintenance,
depreciation, and where noted, a return on the applicable rate
base (actual net investment equal to original cost less
depreciation reserve, which return shall be equal to the
weighted average interest on outstanding water system revenue
bonds, plus one and one half
percent (1,5*), The Party to be
charged shall have access to all data used to calculate the
i
rate charged and may review and comment on any proposed rate
changes.
f
15.02 ity to ems,
The Parties shall notify each other by May 1 of each year
of any intent to change any rates or charges provided for in
0961X -yl- ;
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this Article 15, Each Party shall have at least 90 days notice
to review and comment on proposed rates prior to submission of
such proposed rates to the respective governing bodies for
approval.
of
15•03 ~'^r ~+L Reserve Cana~it~
Pursuant to Section 8.03r the Parties anticipate use of
each others ime to time in accordance
reserve capacity from t
the C.O.C,
with a standard Reserve Agreement. b'urthermore, l
development of cost of service
shall be responsible for which
same for both Parties,
guidelines that shall be the
the charges when ;
guidelines shall be used for determining
either of the other `
Party makes use of the reseVF9 capacity
s
rt Guidelines for coat of service shall include
p a y
principles outlined in Section 15.010 excep 1 tthatnsuch usage Of
rate base will be included, recognizing ( )
is temporary and
reserve capacity is not a firm commitment,
the owning Party in
subject to accordance with
termination by
that the facilities and capacity so
and
this Agrwmeritf t2)
are dedicated or allocated on a permanent basis to the
used
needs of the owning 'Party w110 may make such facilities end
available only on a temporary basis as surplus or
capacity
reserve capacity.
Charges for use of one Party's reserve capacity by the
part shall be billed monthly. The amount billed shah`
be other Y
based on the actual volumes and demand delivered in
previous month from the reserve capacity of the Party.
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ARTICLE 16
GENERAL PROVISIONS
16,01 Term of .C2n1.A=
This Contract shall continue in force for fifty (50)
years as amended from time to time or until one party acquires
1 the entire interest of the other.
It is the expressed intent of the Parties to renew this
Agreement for an additional 50-year period in substantially the
same form; therefore, this Agreement shall be renewed
F
automatically for said 50-year additional period unless one ~
Party gives notice at least five (S) years in advance of intent
I
to not so renew, in which event, this Agreement shall be,
}
renewed upon mutually acceptable terms.
16.02 HQtiW 'rid Acents.
E fog Not ce. E
16.02.01 Lddreas
Unless notified otherwise in writing, all notices
required to be given to the parties under this Contract shall
certified mail to the respective
be in writing and sent by
parties at the following address
TO DE1iTON s TO THE DISTRTCTs
Executive Director of Utilities Gencral Manager
r Trinity Municipal water
Utilities Adainistraticn UpDiatrl:ct
215 Last KdXinney
City of Denton, Texas 76201 LewOisvilleo Texas 75067
1
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16.02,42 Designated Acent4,
For purposes of administering this Contract, DENTON shall
act through its Executive Director of Utilities, or the
Executive Director's duly authorized representative, and the
DISTRICT shall act through its General Manager or his duly
authorized representative.
16.03 ProMgt Payment and Disputed Sills,
Each Party hereby agrees that it will make payments to
the other Party required by this Agreement within 20 days of
the date a bill for service is rendered. If any Party at any
time disputes the amount to be paid by it to the other Party,
{ such complaining Party shall nevertheless promptly make such
s payment or payments; but if it is subsequently determined by
agreement or court decision that such disputed payments should
L
have been leasi or more, the amount shall be promptly
adjusted, The charges shall be adjusted in such manner that
! the complaining Party will recover its overpayment or the other
Party will recover the amount due it. All amounts due and
owin,4 to any party shall, if tot paid when due, bear interest `
at the rate of tan (10) percent per annum from the date when
due until paid.
16.04 Defaults,
16.04.01 IIltin~~•
?or purposes of this Section 16.04, the word "default"
shall mean the failure of any Party to make any payment or E
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perform any obligation in the time and manner provided by this
j
Agreement.
16.04.02 Opportunity to Cure Default,
Upon a party's failure to make payment or perform any of
its obligations, the Project Manager shall serve written notice
upon such Party. if such failure to make payment or to perform
any of its obligations is by the Project Manager, either Party
may serve such notice, Such Party shall then have thirty days
i
from the date it receives such notice to make such payment or
t
perform such obligation. Should the Party so pay or perform !
within the thirty-day period, the default of which the Partly
was notified shall cease to exist.
C u . s
prnrre~i~tro
in
16.04.03 Even 4t ❑ a
in the event of default which is not cured as provided in
Paragraph 16.04102, the non-defaulting Party shall have the
option either to (1) discontinue the Project immediately and
liquidate the same for the benefit of all Parties as may best
f
,
~ serve the interests of the non-defaulting Party or (2) proceed
with the Project under the following conditions i
(a) The non-defaulting Party, following the
expiration of thirty days after notice was received by
`I
the defaulting Party and provided such defaulting party k
did not cure its default as allowed by Paragraph
14.04.02, shall make payments and take actions necessary
a
to cover the default.
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(b) The defaulting Party shall remedy such
default as soon as possible and shall pay upon demand to
the non-defaulting Party any amount paid by such
non-defaulting Party for the account of the defaulting
Party plus all incidental costs, including interest at
i
the rate of ten percent (101) per annum, incurred by the {
non-defaulting Party in relation to the payments made or }
actions taken to cover said default.
(c) If such default by,a Party shall continue
for a period of six months, without having been remedied
E by the defaulting Party following a determination by the
party rendering notice or
judicial proceeding
establishing that default exists, or if a written
admission of default is made by the defaulting Party, the J
non-defaulting Party shall be entitled to all remedies
afforded by Law. j
16.05 Force Maieure.
l
if by reason of force majeure any party hereto shall be j
rendered unable wholly or in part to carry out its obligations j
t
under this Agreesient, other than the obligation to make debt
service payments required under this xgreeagnt, then if such
I
Party shall give notice and full particulars of such force
t
majeure in writing to the other Party within a reasonable time
after occurrence of the event or cause relied on* the
obligation of the Party giving such notice, so as far as it is
affected by such force majeure, shall be suspended during the
0861X -55-
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continuance of the inability then claimed, but for no longer
period, and any such Party shall endeavor to remove or overcome
such inability with all reasonable dispatch, The term "Force
Majeure" as employed herein shall mean acts of God, strikes.
1 lockouts or other industrial disturbances, acts of public
enemy, orders of any kind of the Government of the United
States or the State of Texas, or any civil or military
authority, insurrection, riots, epidemics, landslides,
lightning, earthquake, fires, hurricanes, storms, floods,
washouts, droughts, arrests, restraint of government and
people, civil disturbances, explosions, breakage or accidents
to machinery, pipelines or canals, partial or entire failure of
water supply, or on account of any other causes not reasonably i
within the control of the Party claiming such inability, i
l
16,06 Insurance, Liability and Lsgal tcr+oLls.
I
16.06.01 Claims of Third Parties,
With respect to claims of parsons or entitiss, not
parties to this Agreement, any loss, cost, liability, damage or
expense incurred by any of the Parties and that axis* out of a
transaction entered into under or resulting from the
performance of this agreement shall be charged to the Costs of
Construction or Costs of Operation, whichever may be
appropriate) provided, however, should anv Party take a Willful
Action against a third party leading to any lass, cost,
liability or expense to any of the other Parties, the Party
taking the Willful Action shall bear all such costs, lossea,
{
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liabilities or expenses individually. "Transaction" includes,
but is not limited to, any tort or contract involving a third
party claimant.
Notwithstanding the provisions of the preceding paragraph
of this Section, each Party shall protect, indemnify, and hold
the other Party to this Agreement, and their directors,
officers and employees, free and harmless from and against any
and all claims, demands, causes of action, suits or other
proceedings (including all costs in connection therewith and in
connection with the defense thereof, including reasonable
i
attorney's fees) of every kind and character arising in favor
1 of any of that Party's utility customers (or anyone claiming .
i through that Party's utility customers) on account of bodily
injuries, death, damage to property or economic lose in any way
i
occurring, incident to, arising out of or in connection with
the furnishing of, or failure to furnish, utility service
pursuant to this Agreement to such customers, it being the
intention of this Section to impose on each Party to this
Agreement the sole responsibility for the defense and discharge
of such claims, demands, causes of action, suits or other
proceedings brought against one or more Parties to this
Agreement by such Party's customers even when caused by the
i
sole fault of another Party to this Agreement.
16,06.02 ~Laime Between the Parties-4
No Party to this Agreement shall have any cause of action
or remedies against the other Party for tortuous conduct
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arising out of the ownership Of the Project, or any portion
thereof, or Out of construction or operation of the Project or
for failure to follow Prudent Utility Practice except when the
tortuous conduct is a Willful Action.
In the case of a Willful
Action of any Party leading to any loss, cost, liability,
expense to any other Party, the Part or
y committing the Willful
Action shall bear all such costs, losses
expanses individually, , liabilities, or
16-06.03 Waly
I'
Each Party to this Agreement to
the extant obtainable
shall cause its insurers to waive any rights of subrogation
against the other Party, their agents and employees
for losses,.,
i
costs, damages ox expenses, arising out of the design,
~ I
construction, operation, maintenance, reconstruction, or repair j ¢
of the Project.
16.06.04
The Project Manager shall recommend to the C.O.C. and the
C.O.C. shall determine the insurance covers es
g ► including the
insurable values, limits deductible*, retentions and other
special terms to be obtained during the time covered by this
agreement and with respect to both construction and operation,
It shall be the duty of the Project manager to maintain prudent
levels of property and liability insurance to protect the
interest of both Parties in the Project and to include the cost
thereof in the Project budget, Any excess liability insurance
shall be the individual responsibility of each Party.
00611 _39_
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f
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All policies of Project insurance shall to the extent
available and as allocable:
(a) Provide insurable values, limits,
deductibles, retentions and other special terms as
determined by the C.O.C.;
(b) List as loss payees or additional insureds
(as their interests may appear) such mortgages, trustees
or secured parties as a Party, by written notice to the
Project Manager, may designates
(c) Contain endorsements providing for positive
notice of cancellation to all parties listed as named or
additional insureds:
I (d) Contain endorsements providing that this
insurance is primary insurance for all purposes= and
(e) Contain cross-liability endorsements for
comprehensive bodily injury liability and property damage
liability coverages.
The following procedures shall be observed in connection
with the procurement of Project insurance and changes in
I
Project insurances
(a) The Project Manager shall give prompt
written notice to the C.O.C. of the procurement of all
insurance binders.
(b) The Project Manager shall furnish each
Party with either a certified copy of each of the
policies of the insurance procured or a certified copy of
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each of the policy forms therefor, together with a line
j
shoat therefor (and'any subsequent amendments) naming the
insurers and underwriters and the extent of their
participation,
(c) No policy of Project insurance obtained
pursuant to decision of the C.O.C. shall be materially
changed without the prior written consent oar the C.O.C.
(d) Any changes in policies of Project
insurance shall be promptly reported to the C.O.C. by the
1
Project Manager.
(e) Each Party, at its expense, shall have the
i
right to secure such additional or different insurance
t
coverage as may be required under any mortgage or
contract provisions, and to the iaxtent practicable, such f
additional or different insurance coverage may be
effected through endorsements on policies of Project
j insurance.
! (f) The costs of insurance shall be charged to
Costs of Construction or Costs of Operation, whichever is
appropriate, provided no such additional coverage
I 1
provided in the immediately preceding provision shall be
so charged.
16,07 MaygrAbility,
This Agreement shall be subject to all valid laws, rules,
and regulatic.ns of the United States and the State of Texas, or
any governmental body or agency having jurisdiction thereof.
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If any provision o~! this Agreement is by any court held to be
Illegal or in conflict with any law or regulation, the validity
of the remaining provisions of this Agreement shall not be i
j
affected, and the rights and obligations of the Parties shall
be construed and enforced as if the Agreement did not contain
}
I ` the particular provision hold to be invalid,
3
16.08 Asaignment. i
Neither DENTON nor the DISTRICT shall assign or transfer
in whole or in part the rights and privileges granted in this !
Agreement without first obtaining the written consent of, the j
i
other Party.
16.09 Entire Acreamenti Modification.
iI This Agreement embodies the whole agreement of the
f Parties. There are no promisas, terms, conditiane, or
obligations other than those contained herein. This Agreement
shall supersede all previous communications, representations,
r
or agreements, either verbal or written, between the parties,
and all modifications of this Agreement shall be in writing and
approved by both Parties.
16.10 Miacellanecns.
16.10.01 counterparts.
This Agreasent spay be simultaneously executed in several
counterparts, and all such counterparts executed and delivered, {
each as an original, shall constitute but one and the sane
instrument.
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16.10.02 Further Assurances. 1
Each Party to this Agreement will promptly end duly
execute and deliver to the other Parties hereto such d -ument
and assurances and take such other and further actic as a
party hereto may from time to time reasonably request in of are +
(a) to carry out more effectively the intent j
and purpose of this Agreement; or i,
(b) to establish and protect the rights kind
remedies created or intended to be created in favor of a 1
Party hereto) or
(c) as may be reasonably necessary and j
f
convenient in the conduct of a Party's business affairs.
16.10.03 fin.
i i
The captions of the various sections and paragraphs !
herein are intended for convenience or reference only and shall
not define or limit any of the terms or provisions hereof.
16.10.04 Governing Laws.
This Agreement shall in all respects be governed by and
construed in accordance with the laws of the State of Texas,
i
including all matters of construction, validity and performance.
16,10.05 Benefits of this Agreement.
This Agreawnt is for the benefit of the Parties hereto
and shall not be construed to confer any rights or benefits on
any third party.
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16.10 .06 Amendment.
Neither this Agreement nor any terms hereof may be
terminated, amended, supplemented, waived or modified except by
an instrument in writing signed by the party hereto against
which the enforcement of the termination, amendment,
j supplement, waiver or modification is sought.
16.10 07 G=cce Lion.
All covenants and agreements contained in this Agreement
shall be binding upon, and inure to the benefit of, the Parties
hereto and their respective successors and assigns. V
3
j 16.10.06 yem+5atey~ odiea. I
~j
This Agreement and all operations hereunder are subject
to the applicable federal and state laws and the applicable !
ordinancest orders, rules, and regulations of any local, state
or federal governmental authority having or assorting ;
jurisdictions but nothing contained herein shell be construed
or the Project Manager of any right
as a waivor by either Party
to question or contest any such law, ordinance, order rule, or
regulation in any forum having jurisdiction in the premises.
16.10.09 tdsSxe>~Pailure of a Party to this Agreement to insl.st, on any
occasion, upon strict performance of any provision of this
1
of ,
without limitation, the provision
Agreement, including,
Section 16.04 dealing with default, shall not be considered to
waive the obligations, rights and/or duties unposed upon any
Party her*ta.
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rasyi3;'i. ~ ARTICLE 17
'DEFINITIONS
The words and phrases included in this document shall have the
meaning and understandinq of common usage in the context
applied. words and phrases used in the context of industry
jargon shall have the meaning as consistently applied in the
,
industry. Certain words and phrases shall have the meaning and
understanding as defined below:
(1) CONSTRUCTION/OPERATIONS COMMITTEES The
committee composed of representatives of the Parties
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established pursuant to Paragraph 4.05.
(2) COST Of CONSTRUCTIONr All direct and
,
indirect costs and expenses reasonably incurred by or on
behalf of the Parties with respect to the Project that ;
are properly chargeable to the study, acquisition,
design, engineering, licensing, installation and
construction of the Project and making it ready for
operation, including, but not limited to, the costs of s
all payroll, related employee benefit costs and employ"
expenses properly chargeable to the Project. Credits
relating to such coats, including insurance proceeds,
shall be applied to costs of Construction when received. ,
(3) com or OPERIITIONI All direct and
indirect costs and expenses reasonably incurred by or on
behalf of the Parties with respect to any portion of the
Project, subsequent to the Date of Substantial Camplation
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of such portion of the Project, that are properly
chargeable to the' operation, maintenance, shutdown, or
disposal of such portion of the Project, including but
not limited to, labor costs, all payroll costs, related
employee benefit costs, and employee expenses properly
chargeable to the Project, the costs of recruiting and
' training the oper,tinq staff for the Project, the costs
of repairs, renewals, replacements and modifications
necessary to assure design capability in keeping with
Prudent Utility Practice or necessary to obtain the
C
t approval of or to comply with the requirements of
governmental agencies having jurisdiction, and the costs
of betterments, modifications and other capital additions i
to such portion of the Project. Credits relating to such
Cost of Operation, including insurance proceeds, shall be #
applied to Cost of operation when received.
(4) DATE OF SUBSTANTIAL CCMPLETIONs The date
fixed by the Construction Contract as the point in time
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when the portion of the Project that is being placed in
operation is ready for use by the contracting parties.
(5) MATTERS Any subject, or any aspect
thereof, arising out of or relating to the interpretation
or performance of this Agreement, including any proposal that
may be made by any of the Parties.
(6) PARTICIPATIVE SHARES The fractional share
of ownership sprycified in Paragraph 3.02 hereof, or as
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I the game may be adjusted from time to time,
PA1:TY' OR PARTIESs Means DENTON or the
DISTRICT, either individually or collectively, as the
indicate. The term also shall include the
context may
project manager when the context may indicate,
particularly in section 16.04.02.
(8) PROJECT: As defined in Article I.
(g) PROJECT MANAGER: As definad in Section {
4.04.
(10) PRUDENT UTILITY PRACTICES AS,., of the
a
practices, methods and acts generally accepted by r
I significant Proportion of the water utility industry, or
any of the practices, methods and acts that, in the
exercise of reasonable judgment in the light of the facts fi
known at the time the decision was made, could have been t
••expected to accomplish the desired result at the loKert
reasonable costs consistent with reliability, safety and
`
expedition, Prudent Utility Practice shall` apply not
only to functional parts of the Project, but also to
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appropriate structures, landscaping, Painting# signs,
lighting and other facilities and public relations
`
programs reasonably designed to promote public enjoyment,
understanding and acceptance of the Project. Prudent
Utility Practice is not intended to be limited to the
optimum practicer method or act to the exclusion of all others,
but rather to be a spectrum of possible practices, methods or
acts.
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(11) WILLFUL ACTION:
(a) Action taken or not taken by a
Signatory at the direction of its governing body
or board, which action is knowingly or t
intentionally taken or not taken with intent to 1
cause injury or damage to another= or
(b) Action taken or not taken by an
employee or agent of a Signatory, which action is
intentionally taken or not taken with intent to
cause injury or damage to another and which action ;
or non-action is subsequently ratified by the f
I Party employing such employee or agent at the
direction of its said governing body or board.
Unless within the scope of (a) or (b) above, Willful
Action does not include intentional acts or omissions of !
an employee of a Party for which it is legally
responsible solely because of the master-servant +
relationship between it and its employees. I_
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(12) DEXANDt The volume of water required to
most the needs of any customer(s) over a certain fixed
time period. The demand may be expressed in units f
appropriate for the particular application,
(13) RESERVE CAPACITYs Any capacity not
currently needed to acco>umodate normal peaking conditions
plus reasonable capacity in anticipation of future growth.
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(14j CAPITAL COSTSt All legally allowed costs
but not
for physical p1Bnt improvements including,
limited to site location studies, engineering studies and
design, surveying, testing, inspection, land purchaser
t construction, bond issuance, etc, These are essentially
the same as COST OF CONSTRUCTION as defined herein,
the Parties acting under authority of
IN WITNESS WHEREOF,
their respective governing bodies have caused this Agreement to
be executed as of the day and year first herein above written.
CITY OF DENToN, TEXAS
ATTESTt
j ROBERT C1ISTLEBERRY, MAYOR
JENNIFER WALTERS,
CITY SECRETARY
CITY OF DENTON# TEXAS
1
APPROVED AS TO LEGAL PORNt
DEBRA ADAIII DRAYOVITCH,
CITY ATTORNEY
CITY OF DENTON, TEXAS
ZIPPER TRINITY REGIONAL WATER
ATTE5Tt DISTRICT
OY DIREC
BQARD 0j0 DIRECTORS PREBIDENT# HOAiV~ T'
SECRETARY,
UPI?1#RA' E NAL
R D STRICT
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VONA*
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APPROVED AS TO LEGAL FORMt }
UPPER TRINITY REGIONAL
WATER DISTRICT
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EXHIBIT A
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Project Descriytion and Mai
k
(To Be Supplied)
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EXHIBIT S
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Gist of licenses, permits, contracts, Obligations ;
and commitments and the &Mount$ expanded and j
committed prior to Contract Date.
Notation as to current status
and possible future modification.
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(To Be Supplied)
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00611
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CITY of DENTON, TEXAS MUNICIPAL BUILDING / 215 E. McKINNEY / DEN70N, TEXAS 76201
July 19, 1991
IIII~
Representative Jim Horn
Texas House of Representatives j
Lakeland Professional Building, Suite 108
Lewisville, Texas 75067,
~ i
Dear Representative Horns
We, in municipal government, understand too well about tight fiscal
budgets. And, we realize that our State legislators are now having
to make some very difficult budgetary decisions. of particular
concern to our community is funding to state colleges and
universities,
The University of North Texas and Texas Woman's University are
among the top five major employers in Denton, and university
student population is approximately 35,000. Their presence in our
community plays a vital part in our economy. The State's proposals
for cuts in funding to the universities could have a similar impact
on Denton as the closing of a major industry might have on other
communities.
An increase in tuition could cause a significant decrease in
enrollment. it will simply eliminate those students who are
alre4%dy having difficulty meeting the current financial demands
being pressed upon them, Further cuts in funding will force the
universities to reduce their teaching staff and discontinue many
l services, and Texas cannot a':ford to lessen its quality of
education.
Already, Texas is 49th in the nation in dollars spent per year to
teach each college student. Rather than fall down another rung on
the ladder, we must rise to become more competitive with other
states in the field of education. While the budget balancing
dilemma may demand some sort of conservative increase in tuition,
it seems only logical to expect that the lion's share will go
toward the improvement of the universities impacted as well as
restoration of areas in which they have experienced major cuts in
previous years.
8171566.8200 D/PW METRO 434.2529
' PHkAkDy
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As Mayor of Denton, I strongly oppose the legislature's proposed
cuts in funding to higher education, and I can assure you our
citizenry will be watching to see how the legislature handles this
issue. In my daily contact with our citizens I have found they
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feel strongly about education and are willing to support our two
universities through their property taxes. But, it is in no way
reasonable to expect them to accept the recent proposals which
place such a burden on our universities. The net effect would be a
that these institutions would have to operate on insufficient
funds, lessen the quality of their services, and at the same time,
produce revenue to offset State general fund deficits.
1
I would be happy to discuss in detail the importance of your
decision and the impact it will have on Denton.
Sincerely,
y
Bob Castleberry k
Mayor
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JOINT OWNERSHIP CONTRACT
BETWEEN CITY OF DENTON AND UTRWD
FOR RAY ROBERTS WATER PLANT
i
Main Issue:
Reaffirm Council directive to enter a Joint Ownership
Contract With the Upper Trinity Regional Mater
- District,
During early and mid 198019, several surrounding cities
began requesting water service.
Council took position that Denton should not be in the
wholesale water business.
Council established position to offer surrounding
cities a participation in a future Denton water plant.
Denton assisted, and often was the driving force, in
creating the UTRWD for the purpose of helping the
cities of the region get raw water and to become part
owners in Denton's Ray Roberts Water Plant.
Concept:
Good, but it does require Denton to give up "sorrel'
control over it's water production.
Denton and UTRWD now finalizing Joint Ownership
negotiations.
Two other contractss
1) Treated Water Contract,
2) Water Transportation Contract.
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Legal action to dates
1) Review by City Attorney.
2) Review by Bond Counsel:
-Advised no problem with bonds provided contract
is drafted properly.
-Advised always risks associated with Joint
Ownership
i -Recommended hiring a Water Specialist Attorney
3) Review underway by Robin Lloyd, Water Specialist
Attorney in Austin
-Advised that such joint ownerships can be a risk.
-Advised that legal fees could exceed the ;90500
present contract amount
4) Request
AFFIRMATION OF JOINT OWNERSHIP CONCEPT PRIOR TO
THE MORE EXTENSIVE LEGAL WORK
THAT w►r
REQUIRED.
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MAIN ISSZTES REGARDING REGIONAL WATER
WATER IS ESSENTIAL FOR ECONOMIC GROWTH OF THE
REGION AND THUS, DENTON
- COORDINATED DEVELOPMENT CAN SAVE MONEY
- ECONOUIES OF SCALE POSSIBLE IN COORDINATED/JOINT
DEVELOPMENT
1 BASIC OPTIONS
- SELL WHOLESALE WATER TO UTRWD
JOINT OWNERSHIP WITH UTRWD
DO NEITHER AND DENTON SERVE ITSELF ONLY PLUS
PRESENT COMMITMENTS TO CORINTH AND LCMUA
3
v
SELL WHOLESALE
ADVANTAGES
DENTON RETAINS CONTROL OF WATER PLANT
GAIN ECONOMIES OF SCALE
PROVIDES WATER FOR THE REGION
DISADVANTAGES .
DENTON MOST LIKELY WILL BE SUBJECT TO RATE REVIEWS
BY TEXAS WATER COMMISSION f
DENTON RETAIL CUSTOMERS WILL HAVE TO SU')SIDIZE
DISTRICT UNLESS COUNCIL AGREES NOT TO CHARGE THE
64 RETURN ON INVESTMENT ON WHOLESALE CUSTOMERS
PART OV THE PLANT.
(UNDER JOINT OWNERSHIP, THERE IS NO 6%)
4
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JOINT OWNERSHIP
ADVANTAGES
vs Wholesale sales
DENTON DOESN'T HAVE TO PAY FOR PLANT CAPACITY FOR
OTHERS
DENTON KEEPS EXISTING LOW COST PLANT FOR ITS OWN
RETAIL CUSTOMERS
DENTON RECAPTURES 1.2 MILLION GALLONS OF CAPACITY
NOW COMMITTED TO CORINTH
DISTRICT ABLE TO QUALIFY FOR AN ADDITIONAL $6,5
MILLION WATER DEVELOPMENT BOND FUNDS TO BE USED
FOR PIPELINES
GAIN ECONOMIES OF SCALE
DISADVANTAGES
LOSS OF SOME CONTROL
RISK LOSING CONTROLLING INTEREST IN THE FUTURE
MAY BE REQUIRED TO BUILD FUTURE EXPANSION BEFORE
DENTON NEEDS ADDITIONAL CAPACITY (OR VICE VERSA)
- FUTURE SALES OF EXCESS WATER TREATMENT PLANT
CAPACITY MAY NOT BE ABLE TO RECOVER 6% RETURN ON
INVESTMENT.
5
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DO NOTHING
ADVANTAGES
- LEAST RISK FOR DENTON
DENTON RETAINS FULL CONTROL OF ITS WATER SYSTEM
AVOIDS POSSIBLE PARTNERSHIP LAWSUITS AND WATER
COMMISSION RATE CASES '
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DISADVANTAGES
REGIONAL CITIESNATER SUPPLY CORPS MAY NOT BE AELE
TO GET A SURFACE WATER SUPPLY
HAVE LED REGIONAL CITIES TO BELIEVE DENTON WOULD
SHARE ITS WATER PLANT
DENTON WOULD HAVE TO RE-DESIGN WAFER PLANT FROM 10
MGD TO 6 MOD
PERHAPS A $200,000 ENGINEERING COST
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RATE ISSUES
VARIABLE COSTS
(based on actual cost of chemicals, raw water purchasing,
electrical pumping costs, otc.)
Corinth $240/1000 gals. peak
Denton
FIXED COSTS
Most operation and maintenance employees
Majority of maintenance i
Capital costs of investment
Corinth $900/1000 gala
Denton
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Cash Utility Interim
Prin 2.5#
Int 7.51
ROI 61 7.51+ 1,54 -
ROI
PILOT .71 .7%
St,Rent 4.41 4.0%
De r
P . 4,01 4.01
-rr_ -W rWr
161 17.71 8.71
WILITY
COST 161 16101 16101
UTILITY
PROFIT 0 .71 ( 7.34)
(LOSS)
_ aAa..'FA~ 9hXp5'.1r c, •.v .f H>•Ln...gpi-'./!i +u.ka'r:u,a~W:4tfiV; .
7
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RECOVERY OF INVESTMENT COSTS
AND
RETURN ON INVESTMENTr ETC.
II
l Public Private Income
cash utility Utility UTRWD Stmt
Debt Serv. -
Principle 2.58
interest 7.5! y- 7.58
fi.0!
Ret.on invest. 6.0% 9.08
Ret. on 12.0!
Equity
Pay in Lieu
of Tax ,7$(7) .78 -
St.Aental 4.08(?) 4.0! 4.0!
Depr. 4.0! 4.08 4.0% 4.0!
Desired Ret. 16.0% 17.78 18.58 8.0! 17.58 I
Probable Ret. 16.0% 1710% 1815! 810% n/a
utilities Cost 16.0% 16.0% 16_08 16.08- n/a _
Profit/Loss -0- 1.08 2.58 ( 8.08) n/a
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i COMPARATIVE COST IN THREE OPTIONS
Joint Ownership Wholesale Aa Nothing
Personnel
Costs i 150,000 # 275,000 # 5000400
Misc. Op.
& Fixed Costs 45,000 1000000 150,000 -
r Plant Cap
E Costs
4800000 975,000 112000000.
or
1,140,000
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t Pipeline -0- 80,000 80,000
r.
Transportation i
Fee 50,000) 500000) -0-
745,000 #1,380,000 $1,930,000
#1,545,000
4
Savings/Yr (#10185,000) 5500000) Bass
385,000)
Savings i f
4/1000 gars 340 160/110 -0- E
Savings 8 118 56/4% -0-
Avg.Bill #31.60 #33,70 #35.50/Mo
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2 EXCERPT
3 PUBLIC UTILITIES BOARD MINUTES
4 JULY 17, 1991
i 6 11, DISCUSS APPROACH TO FUTURE R9V•IEW OF COMPREHENSIVE ANALYSIS OF
7 CITY OF. DENTON'S SOLID WASTE PROGRAM INCLUDING WASTE
8 MINIMIZATION, RECYCLING„, LANDFILL, RDF FACILITIES, AND THE
9 CONCEPT OF A CITIZEN'S TASK FORCE TO ASSIST IN THE PRACENS.
10
li Nelson reviewed this item by stating that as the city,
12 concluded, thet work concerning the aald of the coemerclal
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13 system, landfill, etc'„ staff is_now in 'a role of looking at
14 alternatives, In moot of the staff presentations to doard'and
15 Ct y Council, it wad stated that it would be necessary to move
-16 forward to get the permit. The city will need to begin
17 engineering for this permit sometime this fall,
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19 There have been a number of inquiries from several
20 businessmen regarding their desire to be a part of the
21, comprehensive ;decio.ionmaking process regarding Waste
22 minimization, recycling, resource recovery ino,dispbsal
23 However , the Staff is involved in numerous activities
24 relating to many different issues right now, such as wbrking
25 with the the stormwater group, mowing forward with engineering
26 activities, proceeding with the permitting process UTRWD
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27 issues, etco, and staff is requesting board direction on
28 priorities, Nelson recommended that the utility wait until
29 exclusive franchise goes into effect before moving ahead with
30 waste minimization, etc. This would be in March or April of
31 next year.
32
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33 Laney Commented that due to current community interest in the
34 pio;ect, it may be these people should be brought in to start
35 talking right 'awry about these issues.
~ 36
37 Nelson emphasized this is the reason he has brought this to
38 the LIcard., Staff concern is that bill is going to have his*
39 hands full in getting the now systems Underway and staff is
40 extensively involved in many major activities at thi4, tithe. It '
41 may be difficult to give this Issue the attention needed.
42
43 Thompson requested a planning session to educate the Board and
44 consider options ~>rior to putting a task force in place,
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45 Thompson suggested that this planning session be hold in the
46 fall. -After- the Board hears from the various interested
47 citizens, the Council can create a citizens, group. if a
48 appropriate.
49
50 Ridens requested that several 'different companies present
51 their position.
52
53
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54 Angelo stated there are literally hundreds of programs on the
55 market and technology is changing rapidly,
56
57 11, DISCUSS AND CONSIDER CON'T'RACTS WITH UTRWD FOR: 1) JOINT
58 OWNERSHIP AGREEMENT! 2) INTERIM TREATED WATER ALES 11 31 WATER
59 TRANSPORTATION AGREEMENT.
60 Nelson reported that the UTRWD Board is not ready to sign off
61 on the contract yet) the 'concern expressed by several UTRWD
62 Board Members was that Denton was going to have too much
63 control, etc., `plus quite a number of questions related to
64 interim water costs) UTRWD wanted to build more protect vb
65 issues, in to the contract. it appears the project is turning,
66 into something. different than anticipated) Denton felt that we
69. would own 51% and UTRWD, 49%; however, there seem'to be quite
M ~
6`8 a number of questions regarding Denton's .intent,
69
70 The City Attorney has been looking at the contract and,
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71 due to its complexity, wanted outside help) Robin Lloyd
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72 of Austin has been hired to assist. He stated Denton must
73 be sure they want to have a partnership role. Nelson
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74 wanted to make sure the Board feels comfortable with this
75 concept 'i,e., that the Board wants A partner) another
76 alternative is Denton could build the plant and sell j
77 treated water capacity.
78
79 Nelson stated there are risks involved in partntrships.
80 Thompson encouraged that all relationships be spelled out very
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81 specifically, iVelson advised that several changes have
82 occurred since Denton and UTRWD first entered into
83 partnership, Lewisville has pulled out leaving the development
84 of `a South Denton county joint plant in question. Customers
85 have been brought into Denton's North Plant joint
~I 85 participation and now UTRWD needs 70% of that plant,
87 Therefore, UTRWD is beginrang to 'indicate to> the Water
88 Development Board that the Ray Roberts Water Plant Is the
89 UTRWD plant and they are looking At the plant as UTRWD's
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90 "rggion'al" plant.
91
92 Also, growth is an issue. Denton thought it would have
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93 . tho plant built in 1991-92. However, with lower growth,
94 Denton doesn't jeed' the plant until 1995-98. two. or
95 three of the UTRWD cities are needing'w4ter or they must
96 put in wells--something they had not planned on" Now the
97 District is almost coming forth by saying the deal was
99 the plant would be built when they needed it, even if it
99 had to come early for Denton; this puts financial
100 pressures on Denton, Staff is working with UTRWD and
141 plans to continue. Staff will be briefing Council Tuesday
102 evening$
i03
104
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106
107 Harrell advised that in a staff meeting discussion, it was
108 determined that Denton does not want to spend a lot of upfront
109 legal money if there are hesitations regarding the
110 partnership,
111
112 Thompson stated a desire to continue with the partnership, and
113 that Denton's staff and attorneys should look at the worst
114 lase scenarios. Thompson acknowledged that-a partnership of
1 115 any kind is a dangerous thing,
1 116
117 Allison rioted that staff uses the word "partnership"; however,
118 this Is considered a "Joint ownership",
. 119
12o Nelson explaided joint ownership~in the water, industry I'd not
C 121 common) however, it is very common in the electric industry.
122 Denton has offered to sell other communities interim treated i
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123 water. It will take several weeks' concentrated' effort to reach
124 some decisions in this area.
125
126 Thompson' polled the Boardi Consensus of the Board is to
127 proceed with working on the joint ownership with UTRWD.
128
129
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MGCAI_L, PARKHURST & HORTON
2880 ONC AMERICAN CENTER 717 NORTH HARWOOD 4O2 ONE RIVERWALK PLACE
AUSTIN. TEXAS 78701.3234 NIN Tli FLOOR SAN ANTONIO, TEXAS 78205.3303
T2LLPMONC 5+2476-3808 OALLAS. TEXAS 7520W 387 rucc..04d: 5.222151000
7CV[COPr 512470-007 T[ICVNONr' 2142202600 TLLCC0..512226.290A
TC1{COnr 214 8030730
June 181 1991
Mr. R. E. Nelson, P.E.
Executive Director of Utilities
Municipal Building
Denton, Texas 76201
i i
Dear Bobi a
In response to your letter of June 13 relating to various °
E contracts in co•,snection with the Upper Trinity Reqional Water
District, I certainly recommend that you should ol,tain legal
counsel from an attornay who is experienced in the opeeialiaed
field of water law. Frankly, your proposed undertakings are
venturing into very unusual and unique paths insofar as my ,
knowledge and experience as a bond lawyer are concerned.
However, the problems, if any, are not principally related to I
bond law. our firm specializes strictly in handling bond
issues, and we are not organized nor staffed to operate on an
hourly fee basis to negotiate contracts of this nature. I
believe I indicated this situation to you during our phone
conversation on June 13.
With respect to your Utility System Revenue Bonds, the
city is authorized by law and bond covenants to issue bonds to
improve and extend the City's water system. It seems reason-
able that the acquisition of an undivided interest in a water
treatment plant to serve the City's customers would be permis-
sible, and such interest would become part of the City's
combined Utility system. But also, you are required to operate
and maintain your entire Utility System. Frankly, I couldn,'t
predict the consequences of a situation where the other party
failed to pay its share of operation and maintenance expense!
I would guess that the city would still be obligated at least
to continue to operate and maintain its part of the plant,
although I don't know how that would work as a practical
matter, and you might have to operate the entire facility.
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With respect to constructing a joint treatment plant it
would be necessary, before entering into a construction con-
tract, for the entire construction cost to be in hand and
dedicated to paying such cost.
As to future improvements to any such treatment plant, it
would be dependent on your then current ability to issue bonds, i
which would be a financial bs well as legal question.
{ We appreciate very much your offer to employ us to work on
theme contracts, but regretfully must decline for the reasons
previously stated, As to questions relating to bonds, we will
continue, as we have for many years, to try to answer your
questions to the best of our ability as your bond counsel. We
have novex billed you for this type of advice but have Leen
compensated in accordance with our standard fee schedule only !
when bonds actually have been issued and delivered by the City,
1
sincerely yours,
MQCALL, PARMURST to HORTON
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JULY 18, 1991
SYNOPSIS
PROPOSED JOINT DEVELOPMENT CONTRACT FOR RAY ROBERTS WATER PLANT
CITY OF DENTON AND UPPER TRINITY REGIONAL WATER DISTRICT
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PREAMBLE I
asand sure he timely
and in District development
Reference Articulates the
already taken b ben ben Denton Of
acquisition and development of the Project.
Denton and District desire to participate in joint development
of the Ray Roberts Treatment Plant and associated facilities and
that ownership will be as "tenants in common".
ARTICLE 1
The jointly owned facilities of the Project to include the
plant site, the raw water transm mai tananae the treatment fio
plant, chemical building,
administration building and treated water transmission
line to Denton.
11 ARTICLg,_.2
1 ct will 2.01-2 Denton purchased the site
interest in 56 acres a+t original ciost plus s
acquire a
interest at 7,5$ from June 16, 2989 r
ARTICLE own 5 3.02 istricty,49%ncertainl lem nts will a beroatc
p dif Brent i
percentages based on projections of future need. f
3.06 Conveyance of the Districts equity interest and delivery
by within 90 days
funds to
otake ntractt unleso extended a
of date of
agreement,
3.08 In conjunction with the Project, Denton and District to
provide for orderly transfer oar Corinth and L D }strfrom ict the
Denton system to the District system,
purchase water from Denton to meet their requirements
until project is completed,
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ARTICLE 4
4.01-02 Legal distinction
rties e shbetween all function as co-tenants with
,,partnership." p to the
an univided interest I
respective parti.cipativenshaxsproject according
4.,04-06 To pi.-ovide unified management. Denton shall serve as of Construction
project Maneiger under generasl~ ersirepresentativea from
and operating Committee compoe
Denton and 3 from District. Project employees to be
employees of Denton,
4,07 Both parties recognize the mutual benefit to be gained by and wil cooperative development n rohrrata cost responsibilityefor
compensation other than p
their respective shares,
ARTICLE 5
5,04 Project manager to keep separate and accurate recu~dii f
project cost and project operations in a Y
enterprise format.
6
ARTICLE,
Contracts of the Project to provide for several but not
6.01
joint liability of Denton and District,
to when
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6.02-03 The Agreement provides wide latitude
so long as ecombined
to schedule construction contracts
water demand needs of both Denton and the District are
met,
cts and change orders will be approved
6.04 Generally, contra
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. All contracts will Cou require in approval of
city Manager or Denton City i
Denton's standard policy and proradures.
ARTICLE 7
,
7.01-02 District to reimburse Denton for pro rata construction
Fixed i
costs as expenditures are made from time to time.
operating costs to be shared r ooDenton ino nership
and to be paid monthly by advance.
and n to be costs reimbursed shared monthy, proportion to
l usage operating
actual
7.02.04 Indirect cost (support services provided by other
departments of city of Denton) to the Project shall be
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considered a project cost and shall be charged at rates
I determined by special studies,
7.03 Create an operating reserve of approximately 108 of annual
operating costs.
7.04 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.
7.04 The project manager shall provide periodic budget reports
to Denton and District,
7.05 At the end of each year, actual costs shall be reviewed
and the accounts of bath partiras shall be adjusted in a
"settle-up" process,
7,08 Assets and funds of the Project shall be considered a i
"separate and sacred fund", to be used solely to provide
the services contemplated by the agreement and to maintain
costs at reasonable levels.
7,09 An independent. audit shall be conducted each year and 17
copies thereof provided each party,
7.10 Fiscal year, shall be October 1-September 30.
F
? ARTICLE 8
9.02 Denton and the District agree to coordinate
planning for the water treatment needs and
necessary reserve capacities of their
respective systems to gain the maximum
benefit at least cost,
6,02-03 if needed, prior to thca next planned expansion, Denton and
District agree to provide access to each other's reserve
capacities by mutual agreement and acco''tng to standard
procedures and terms and to compensate ea..., other for such
use,
8,05 Denton desires to own 519 (5.1 mgd) of the initial
capacity (District 498, 4.9 mgd), To meet the projected
needs (6.8 mgd) of the District, the District will hold a
lease/purchase right on 1.9 mgd which can be exercised at
the next expansion.
8,06 Agreement to complete the project on schedule to meet the
combined needs of both parties,
8,06 Denton agrees to sell interim water to
District until Project is completed, Reference separate
agreement.
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ARTICLE 9
installation, operation and ,
Standard provisions regarding
ownership of water meters as required to measure water
used by both parties,
ARTICLE 10
P" are joint annual foremast of
10,01~02 Denton and District to P P ent propramkf
water needs and joint capital improvem
agree to provide for future project expansion
10.03 Both parties
eatment plant reaching 95% of capacity.
prior to the tr
parties agree to cooperate and to facilitOte a
10.05 Both ansion requested by the other party. The needs
project expansion
can be ignored and the ma jarity' owner
of neither party ex p requ~jsted
cannot refuse to provide for a timely p
by the minority owner.
ARTICLE 11
ferare conveyed but ed by Denton to em ri ti sales of rata f
11.01 No water rights
be
water may
Denton purchases 5o0,000 gallons of water from `DallaK i
11.03 in part, other cities, When ;
which Denton uses to serve,
rvice District tserover the sei
ate with pent on tiri CUSeeofsuchtwatexriat cities I agrees to coop
11.03 If Denton offers temporary raw water t eedi806iaf Dout allas' at a price not to its water rights
posted price, District can purchasEi under this Agreement.
ART~CI,E„~1Z.
General guidelines for project manager tree and relationship
with Construction And operating
ARTICLE Commi-
13
Customary insurance provisions. s
ARTYCL 11a '
` obligation of Denton to transport certain water for £
plus up to 10 mgd to
District (to Corinth and LCpiUA) others. Reference separate Transpor(:Ation Agreemesttf
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ARTICLE 15 are con istent
I' rind les are entered rota betweensDentan
1501 cost of Service p p ,
with was contract already limited to
and District Rate of return f°rercen age par oty outstanding
weighted average interest rate p ,
water system bonds plus 1.55'
both
rs shall be i
0 daa notice shall be made available availtoable to review and
15.01-02 Data used to calculate
parties. At leas., 9 y
Comment before proposed rates are forwarded to the respective 7
governing bodies for approval.
No
15.03 Cagt of serviceron°investment~~for of reserve use.
return is allowed
ARTICLE 16 4
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16101 Contract has 50-year term with certain rights of renewal.
rovisions.
Usual boilerglatO p
AR"'E 1?
Definitions of certain terms,
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" JULY 18, 19-91
SYNOPSIS
PROPOSED AGREEMENT FJ, EEN 'f
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CITY OF DENTON AND UPPER 'TRINITY HEGTONAL WATER DISTRICT
FOR INTERIM TREATED WATER SUPPLY
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PREAMBLE
eference Recites fact that Denton leas temporary! surplus of water
k
R - treatment capacity.
Denton and District agree that it i.s in m,,Xtual interest of both
1 now and onal
parties to make us of s Ca,istru~ted under the Separatetjoint
treatment facilities are
Development Ag
ARTICLE I
QeneraI provisions about the Project aitd fiscal year.
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{ ART1, 2
project oat a timely basil to
I 2.01 Commitment to complete the proj axties.
` meet combined and respective needs of both p
gompleGQwaters as
{ Denton to provide interim supply of treated
2.02 by DiAtxict until new joint plant d. i
needed
envy, Denton rung shoat of
2.02 If, due to drought or emerg
water Denton agrees to curtail its customers and the
District on a pro rata basis. a
ect is completed. District agrees to buy '
Until Proj
minimum amount of water equal to the combined rail oluMe
s
fe,r e
2.02 to
demand of Corinth, and LCMUA after they
District.
2,03 Customers of Disiaeytrequiraments of the Distriotl,s to
help meet the peak
urchasei from Denton shall be
o4ith coat of servioe
2.07 price of water to be p
determined in accdrdaAcognizing thedlnterim nature of the
principles outli
, no return on investment, ig authorized.
purchases.
6
Except for the first 500,ooo gallons of raw water per day
2.07 E Penton from Dallas), the District may
(being purchased by
supply its own raw water to Denton for treatment.
ARTICLE
3
ent is 10 years or until the new joint
3.01 Term of Agroe^~ leted, whichever occurs first.
"t treatment plant is comp
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JULY 18 1991
PROPOSED AGREEMENT BETWEEN
CITY OF DENTON AND UPPER TRINITY REGIONAL WATER DISTRICT
FOR TRANSPORTATION OF WATER
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AMBL_E
' PREAMBLE
i
Reference Recites the mutual interest of both parties for Penton to
transport certain amounts of water tor the District,
willCorinth and nttb
require Denton to
~I ARTICLE 1 for 1,03 Acknbwledgen~enontto Dist them.
transfer from
transport water for District to them.
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ARTICLE 2
2.01 Agreement to transport wc;ter for District for Denton to
to .ti0 mgd
facilitate the regional system. Quantity limited
LCMUA and
delivery to south side of city plus amount needed by
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Corinth a
2.01 When District develops separate Source of treated water in south
part of county, the 10 mgd commitment can be reduced by mutual
i agreement.
ortation based ~
e
2 03 District shall reimburse Denton its coat of tlinned n the Agreement
on standard cost of service Ph~zc defined rin hia Ag nnt
Development Contract, as fur
interestnrate percentage on outfit ndinggwaterosystemtbondseplun
1,5%. No return on facilities paid for by to hconsim
opportunity body for approval. !
2,04 At least 90 days notsubmittdcomment prior to
governing k
proposed rates being
ARTICLE 3 i
' Term of Contract shall be concurrent with Joint Development
Contract, running for 50 years.
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3.06 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.
3.08 In conjunction with the Project, Denton and District to
provide for orderly transfer of Corinth and LCMUA from the
Denton system to the District 'system. District to
purchase water from Denton to meet their requirements
I until project is completed.
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