HomeMy WebLinkAbout10-01-1991
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AGENDA
CITY OF DENTON CITY COUNCIL
OCTOBER It 1991
Work Session of the City of Denton City Council on Tuesday, October
11 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:
NOTE: Any item listed on the Agenda for the Work Session may
also be considered as part of the Agenda for the Regular
session.
5:15 p.m.
1. Executive Session
A. Legal matters Under Sec. 2(e), Art. 6252-17 V.A.T.S.
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1. Discuss subrogation claim in Boydston v. Chrysler
Corp.
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2. Consider action in re: Flow.
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B. Real Estate Under Sec. 2(f), Art. 6252-17 V.A.T.S.
C. Personnel/Board Appointments Under Sec. 2(g), Art
6252-17 V.A.T.S.
2. ]Receive a report and hold a discussion regarding an ordinance
prohibiting certain contracts with former councilmembers for
one year from the date they leave office.
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s 3. Receive a report and hold a discussion regarding voting
district boundary adjustments.
4. Receive a report and hold a discussion regarding the video
taping of City Council meetings.
5. Receive a report and hold a discussion regarding the
questionnaire for the Citizen Survey.
6. Receive a report and hold a discussion regarding the City of
Corinth's request to amend their water contract with Denton.
Regular Meeting of the City of Denton City Council on Tuesday,
October 1, 1991, at 7:00 p.m. in the Council Chambers of City Hall,
215 E. McKinney, Denton, Texas at which the following items will be
considered:
7:00 p.m.
1. Pledge of Allegiance
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City rf Denton City Council Agenda
October 1, 1991
Page 2
2, Consider approval of the minutes of the Regular Session of
August 13, 1991, the Special Call Sessions of August 20 and
August 27, 1991, and the Regular Sessions of September 3 and
17, 1991.
3. Citizen Reports
A. Receive a citizen report from Mary Roberts regarding the
SPAN Handi-Hop program.
B. Receive a citizen report from a representative of the
Hickory,Committee
EastRelations
Chamber
tree oute down Government
regarding of
C. Receive acitizen i are assignments,Coeh regarding
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ambulance care and Med
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4. Consent Agenda
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i Each of these items is recommended by the Staff and approval
thereof will be strictly on the basis of the Staff recommendations.
Approval of the Consent Agenda authorizes the city Manager or his
designee to implement each item in accordance with the Staff t
recommendations.
for ~ a
Listed below are bids and purchase orders to be approved ed for
payment under the ordinance section of the agenda, up inf
to the
ached
Consent gendaeto
ord b.A1 5 5.C.)atiThisslistting is provided onithnances
all .
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allow o 5. C. Council Members to discuss any item prior to approval of i:he
ordinance.
A. Bids and Purchase orders:
4 1. Bid #1270 - Sanitary Sewer Flow Meter ~i
2, Bid #1282 - Padmount Switchgear
36 Bid ,#1284 - Janitorial Service for Recreation Center ~11
4, P.O. ,#13560 - Magneteck I,
5. Bid #1068 - P.O. #97167-97168 - Eby Construction
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City of Denton City Council Agenda
October 1, 1991
Page 3
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B. Tax Refunds
1. Consider approval of a tax refund to Payless
Cashways, Inc. for $5,358.55.
2. Consider approval of a tax refund to Payless
Cashways, Inc. for $4,079.89.
5. Ordinances
A. Consider adoption of an ordinance accepting a competitive
sealed proposal and awarding a contract for the purchase
of materials, equipment, supplies or services. (4.A.1. -
Bid ,#1270, 4.A.2. - Bid 01282, 4.A.3. - Bid #1284)
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B. Consider adoption of an ordinance authorizing the
execution of a change order to a contract between the
City of Denton and Magnetek; and providing for an
increase in the contract price. (4.A.4. - P.O. ,013560)
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C. Consider adoption of an ordinance authorizing the
execution of Change Order No. 6 to a contract between the
City of Denton and Martin K. Eby Construction Co., Inc.,
providing for a decrease in the contract price. (The
Public utilities Board recommends approval.) (4.A.5. -
Bid ,01068-P.O. 097167097168)
6. Resolutions
A. Consider approval of a resolution authorizing the Mayor
to oxecute a mutual use agreement between the City and
the County for backup on 800 mhz trunked communications
system.
B, consider approval of a resolution appointing members to
the North Texas Higher Education Authority.
C. Consider approval 02 a resolution nominating candidates ,
for membership to the Board of Directors of the Denton
Central Appraisal Distr'ct.
D. Consider approval of a resolution by the City Council of
the City of Denton, Texas, authorizing an application for
a grant to participate in the National Tree Planting
Program and committing in-kind services to match the
amount of the grant.
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City of Denton City Council Agenda
October 1, 1991
Page 4
7. Consider a motion directing staff to adjust Council district
boundaries according to a schedule of activities and according
to certain criteria.
S. Consider appointment of a voting acid alternate voting delegate
to the Annual Congress of Cities conference.
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9. Miscellaneous Matters from the City Manager
10. Official Action on Executive Session Items: i
A. Legal Matters
B. Real Estate 1
C. Personnel
D. Board Appointments
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11, New Business:
This item provides a section for Council Members to suggest
items for future agendas.
12. Executive Session:
A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S.
B. Real Estate Under Sec. 2(f), Art. 5252-17 V.A.T.S.
I C. Personnel/Board Appointments Under Sea. 2(g), Art
6252-17 V.A.T.S.
NOTE: THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO
EXECUTIVE SESSION AT ANY TIME REGARDING ANY ITEM FOR WHICH IT IS
LEGALLY PERMISSIBLE.
C E R T I F I C A T E
I certify that the above notice of meeting was posted on the
bulletin board at the City Hall of the City of Denton, Texas, on
the day of 1991 at ofolock (a.m.)
A000002 CITY SECRETARY
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g:,,;docs\691460
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 10 OF
THE CODE OF ORDINANCES TO PROHIBIT CERTAIN CONTRACTS WITH FORMER
COUNCILMEMBERS FOR A PERIOD OF ONE YEAR; AND PROVIDING FOR AN
EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION mil, That chapter 10 of the Code of ordinances is
amended by adding a new section 10-36 to read as follows:
Sec. 10-36, Contracts with Former Councilmembers,
(a) The City shall not, within a year after a councilmember
leaves office, enter into a contract with any business
entity in which the former council member has a substantial
interest. The prohibition of this paragraph shall not
apply to:
(1) a contract required to be awarded to the lowest
responsible bidder through competitive sealed bids as
required by State law;
(2) a contract to purchase items that are available from
i only one source as specified in Tex. Loc. Gov't Coda,
Chapter 252, as amended;
(3) a contract required to receive a City service or
participate in a city program which is available to the
general public;
(4) a contract that is necessary to preserve or protent the
public health or safety of the citizens or because of
a public calamity that requires the immediate
appropriation of money to relieve the necessity of the
municipality's residents or to preserve the property of
the municipality; and
(5) the purchase of real estate or an interest in real
estate,
(b) For purposes of this section, a person has a substan-
tial interest in a business entity if:
(1) the person owns ten percent (10%) or more of the voting
stock or shares of the business entity;
(2) owns either ten percent (10%) or more or $5,000 or more
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of the fair market value of the business entityr or
(3) funds received by the person from the business entity
exceed ten percent (10%) of the person's gross income
for the previous year,
(c) A former councilmember is considered to have a substantial
interest under this section if a person related to the
former councilmember in the first degree by consanguinity
or affinity has a substantial interest under this section.
(d) For purposes of this section, a "business entity" means a
sole proprietorship, partnership, firm, corporation,
holding company, joint-stock company, receivership, trust,
h or any other entity recognized by law.
SECTION II. If any section, subsection, paragraph, sentence, ;
clause, phrase or word in this agreement, or application thereof to
any person or circumstance is held invalid by any court of compe-
tent jurisdiction, such holding shall not affect the validity of
the remaining portions of this agreement, and the parties hereby
declare they would have enacted such remaining portions despite any
i such invalidity.
E SECTION III_., That this ordinance shall become effective im-
mediately upon its passage and approval.
PASSED AND APPROVED this the day of 1991.
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
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CITX,COUNCIL REPOgT FORMAT
September 110 1991
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: CONSIDER THE CRITERI A AND SCHEDULE FOR BUSTING VOTING
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DISTRICT BOUNDARIES
RECOMMENDATIONi Staff recommends that council approve the criteria
E and schedule for adjusting voting district boundaries.
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SUMMARY:
(1) Criteria for adjusting district boundaries
(a) The proposed districts should contain approximately equal
population. The equal population standard requiros that a
voting district population is within a total maximum deviation of
lot of the ideal district size. The ideal district population is
calculated by dividing the total city population by the number of
districts.(i.e 66,270 f 4 = 16,567. Equal population range is
15,739 low - 17,395 high.
(b) The proposed districts should enhanco the voting strength of
minority groups. The Black population in the existing district #1
is 14.15% and the Hispanic population is 10.18%. In the process of
adjusting district boundaries every effort should be made to
enhance the voting strength of the two groups.
(c) The proposed district boundaries
bshould oundaries drawn as far as
possible following the county precinct (d) The proposed districts should be as compact as practical to
facilitate campaigning and voting.
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(2) Sohedule of Activities;
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(a) Staff consults with the leaders of the September
minority community with regards to their specific 16-27,
concerns and inputs in the process of adjusting 1991
districts boundaries. {
(b) City Council considers the criteria and a October 1,
schedule of activities for adjusting district 1991.
boundaries.
(c) Staff develop alternative boundaries based on October 2-
the criteria approved by city council and other 18,1991
concerns and inputs provided by minority leaders.
(d) city council hold a study session to review November
the alternative plans and give staff further 501991
directions.
j (f) Notice of public hearing is published in the November
i Denton Record Chronicle. 17,1991
! (g) City Council holds a public hearing to December
I consider alternative district plans and to 31 1991
receive comments from residents. Council may
adopt one of the alternative plans at this
meeting.
(h) City Council holds a public hearing to December
consider and adopt an ordinance establishing the 17,1991
boundaries of the voting districts. (If
necessary)
(i) Staff prepare final submittals and sand to December
the Justice Department. 30,1991.
HAC 0$ UND;
on March 1,9, 1991 City Council received a report on the 1990 census
figures and the resulting imbalance of population in the current
voting districts. The 1990 Census figures shows that districts 1
and 2 are over the `equality of population range' by 650,
district 3 is under by 1479 and district 4 is with in 3.87% of the
`ideal district population'. Council discussed and agreed that
county precincts were too large and should be split in some rases
so that the city voting districts can be drawn along precinct lines
and comply with the equal population standard. staff has worked
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with a council appointed committee to develop a proposal for so as to splitting county precincts intosmalledistr boundariesrovide
greater flexibility in drawing voting along
precinct lines. Council received that report on May 21, 1991. The
County was reluctant to split precincts mainly because of
additional costs for holding elections. The County has since then
completed and submitted their redistricting plan to the Justice
Department.
P OG S. DEPARTMENTS OR GROM AFF$CTED-
All residents of the city.
k EIS CA._ IMPACT:
Not applicable,
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Respectfully submitted
Lloyd V. Harrell
ii City Manager.
1 prepared by: i
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Harry N. AICP
Senior Planner
ppp oved
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Frank H. Robbins, AICP
Hxecutive Director, Planning and Development.
Attachments
(1) Federal constitutional principles for redistricting.
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FEDERAL CONSTITUTIONAL PRINCIPLES FOR REDISTRICTING
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1. One man.- one vote or equal population standard:
One of the most common way of determining if districts are out of
balance is to determine the "total maximum deviation", which is the
aggregate total of the percentage of variation from the ideal
between the largest and the smallest district.
Example 1.
k City population 40,000
Number of districts 4
Ideal district size 10,000
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Actual district size.
District 1 9,500 -5%
District 2 9,850 -1.5%
District 3 10,250 2.5k
District 4 10,400 4.0%
Total deviation 9.0%
i in load redistriotinc deoisions, a maximum deviation of 10% or
JV_99 is likely to be found to be of prima faafe validity
while the 10% figure is very helpful rule of the thumb, it should
not be considered as necessarily determining a plan's
constitutionality. Governmental bodies should strive to produce
districts that are "as nearly of equal population as is
practicable". (Reynolds V. Sims, 377 U.S 533, 577 1964.
2, c a vie dilution
A three-part test that constitutes the 'necessary precondition' for
the establishment of a claim under Section 2 of the Voting Rights
Act has come out of "Thornburg V. Gingles" 106 S.Ct. 2766 1986.
The three part test 181
(a) The minority group must be able to demonstrate that it is
sufficiently large and geographically compact to constitute a
majority in a single-member district.
(b) The minority group must be able to show that it is politically
cohesive.
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(c) The minority group must be able to demonstate that the white
majority votes circumstances, ly such a as l the to mienable nority i candidate running
of special unopposed-- usually to defeat the minority's preferred candidate.
The three part test is a threshold test. A plaintiff who can meet
the three part test will stand an excellent chance of prevailing
1 in litigation, but meeting the test merely permits the plaintiff
to pass the threshold necessary to establish a claim. '
3. The eer retrogression test
The purpose of Section 5 has always been to insure that no voting
procedure changes would be made that would lead to a retrogression
in the position of racial minorities with respect to their
effective exercise of the electoral franchise. The Beer
retrogression test (Beer V. United States, 425 U.S 130 1976) has
been used to determine whether the proposed plan enhances the
minority group's position, not whether the plan is the optimal plan
according to the plaintiffs or the Dept of Justice
in order for a single member district to be considered safe for a
mimority population to control the district's electoral outcome,
The
the minority group must comprise 65% of the total population.
15% enhancement over a bare majority of 50% is due to three
factors. (a) 5 % accounts for the relatively smaller voting age
(b) 5% for lower minority registration rate, and (o) 5% for lower
minority turnout expectations.
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August 27, 1991
CITY COUNCIL REPORT FORMAT
TO: Mayor and members of the city council
FROM: Lloyd V. Harrell, City Manager ;
` SUBJECT: Request for opinion on Simulated Council Video +
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RECOMMENDATION:
None at this time.
I SUMMARY/BACKC3ROUND:
Pursuant to the SaCOU mmonslCommunicationsbandBAccent Audio/Visual, Ina
staff assisted the Counc M a video of a simulated city 1991ounThe videonwasnmade usingia
i. prepared July 31,
Chambers on Wednesday,
single, stationary Damara and various lighting levels to illustrate
viewing quality.
Staff requests the Council's opinion ffCothe video's quality and
direction regarding the cable televising
PROC}RAA~S DEPARTMENTS OR GROUPS AFFECTED:
City of Denton, Sammons Communications, and the Community Services
Department.
FISCAL IMPACT:
None
Respectfully submitted,
Lloyd V. Harrell
City Manager
(jinasetntative red by:
~Assistant, Community Services
APPr bye
Bil An e
Direotor of Commu ity Servines
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CITY OF DENTON
MEMORANDUM
DATE: September 27, 1991
T0: Mayor and City Council
FROM: Lloyd V, Harrell, City Manager
SUBJECT: PROPOSED 1991 CITIZEN SURVEY
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SUMMARY AND RECOMMENDATION
Dr. Gopala Ganesh of the University of North Texas, Marketing
Department has offered to do a citizen survey of Denton city
government and quality of life. The survey will be used to gauge
citizens attitudes and perceptions about the quality of life that
exists in Denton.
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The 1991 survey will ask questions included in the 1986 survey, the
i3 last survey done for the city. This will allow us to make
comparisons and note changes in perceptions and attitudes. The
last survey was done by the UNT Political Science Department. Dr.
Jim Glass coordinated the project and presented the results. A C'
copy of the 1986 final report is available for anyone that is ?
interested in reviewing it.
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The 1991 survey will be conducted using a snail-questionnaire. Past
surveys were conducted by telephone. The questionnaire will be
sent to a random sample of 2000 residential utility customers taken
from a population of 21,700 residential accounts. Commercial
customers were not included because of potential duplication of i
respondents in the sample.
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The project schedule calls for the survey to go out at the end of
October. Data will be collected and analyzed during November. A
final report of findings will be presented in late December, or li
shortly after the start of the new year. The survey results can
then be used to identify potential budget issues for the 1992-93
budget process, which begins in spring of 1992.
The survey questionnaire was developed by Dr. Ganesh and his staff
using the 1986 survey. Department and Executive directors provided
additional questions that address new programs and services. The
attached questionnaire is a draft and is presented for your review
and feedback. No formal Council action is required.
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City council Agenda Report
Lloyd V. Harrell
1991 Citizen Survey
Page 2.
BUDGET AND FISCAL IMPACTS
I~ Since 1986, citizen surveys have been included as supplemental
budget packages, but were not funded. The 1991-92 Adopted budget
contains $5,000 to undertake the survey, however our arrangement
with Dr. Ganesh will save us a portion of that amount. The costs
associated with the survey will be limited to stationary, postage
and duplication. Tho questionnaires will be printed and duplicated
f on UNT stationary by the university. The city will reimburse UNT
for the cost of the materials and service. Dr. Ganesh and his
staff have volunteered their labor for research and analysis.
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Sincerely,
Lloyd V. Harrell
City Manager
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Attachments
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DRAFT
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I4 November 4, 1991
Dear Fellow Resident of Dentoni
1 The College of guainces Administration at the University of North Texas is
conducting a research project on the quality of life iDnn'gyThesfindings
of this research will be of great help to our City government
questionnaire, you will be helping make Denton a better place for all of
us.
Your household is part of a small sample, in which people are being asked for
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their opinions. It was drawn in a random sample of residents of vDentn. For i
the results to truly represent the pop BTnOery i portan BE
that each questionnaire be completed and returned. TKX 4
COMPLETED XITHER BY THE PERSON TO WHOM IT Is ADDRBSSB'D0 OR DY AXOTMM RM OF
TRIO ROUSMOLD.
You may be assured of complete confidentiality. The stamped number on the
front of the return envelope is for mailing purposes only. This it so that we
questionnaire in returned.
` may check your name off the mailing list when your i
This could save us some questionnaireI and we willdisposeaof~the o return enwill velope never so well assthen the
mailing list after the project has been completed.
I Your participation is strictly voluntary. If you eferWnot to answerget all
1 question, just skip it and go on to the next question,
of your answers, but we would rather have soave than none.
If you have any questions about the survey, please call us at the University of
North Texas at 817-565-3120. Thank you for your assistance.
Sincerely,
Oopala K. OANESH, Ph.D,
Projeot Director
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NOM UNT has bean notified of the typographical errors in the survey.
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THE 1991 DEMN RESIDENT SURVEY
MEAT ARE YOUR OPZNXON87
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Here In a confidential survey
on the quality of life in
l~ Denton. This questionnaire
should be completed either by
the person to whom it is
addressed or by another head
of this household.
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Pleaeo answer all the questions, if you
wish to comment on any question or
quality Your answers, please use the
margins of the page. Please return the
questionnaire in the enclosed envelops.
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You are part of a very small
group of people that represents
many others. Hence, the information
you give must be scourate to be
f useful. Your answers will be
held in strict confidence and
your cooperation is deeply
appreciated!
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Q1. How long have you lived in Denton? (CIRCLE ONE)
Less than 3 months, '..4 11
3 months to 1 year,.,, 2
1-5 years..................................3
6-10 years .................................4
More than 10 years... 0 5
Q2. if you have lived in Denton for 3 months or less, what was the primary
reason you moved here? (CIRCLE ONE)
Job-related ................................1
Student UNT/TWU............................2
Retirement 3
Other (SPECIIyt ).,....1
23. in terms of cleanliness, quality of housing and general appearance, how
would you rate the overall condition of Denton? (CIRCLE ONE)
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Excellent..................................4
Fair .......................................2
FOOT .......................................1
Q4. How about the overall condition of your neighborhood? (CIRCLE ONE)
.
Excellent ..................................4
Good .......................................3
Poor ....,,..u ..............................1
Q6. Have you ever lived in a city other than Denton? (CIRCLE ONE)
YES 1
NO . . . . (SKIP ro 09). . . . . . . . 2
Q6, What was the approximate population of this city?
(POPULATION)
Q7. in comparison to this city, how would you rate Denton on an overall
basis? (CIRCLE ONE) Much worse, is 4
.......1 i
WOree ......................................2
About the same .............................3
Much better ................................5
Q86 Compared to the other city, please rata the cost of living in Denton
in each of the following categories. CIRCLE ONE NUNBBR rOR FACE
Category No Denton is Denton is Denton It Less
opinion more About Base Expensive
Expensive
Cost of Houses 9 1 2 3
Apartment Rentals 9 1 2 3
utility costs 9 1 2 3
Groceries 9 1 2 3
Cable TV 9 1 2 3
Eating Out 9 1 2 3
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In the next section of the questionnaire, we would like to ask you about your
use of and opinions about a number of facilities in the City of Denton.
99. Let us begin with streets and traffic. How would you rate the following in
the City of Denton? (CIRCLE ONE FOR SACK)
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Traffic Related Aspect No Excellent Good Fair Poor
~ laic?
Adequacy of Roads 4 4 3 2 1
Physical Condition of the Roads 9 4 3 2 1
Adequacy of Traffic signals 9 4 3 2 1
Reliability of Traf4lc Si Halo 9 4 3 2 1
Q10, In 1991, has any member of your household used$ at least ones, the
following facilities and services in Denton? (CIRCLE ORE rDR EACH)
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Faeilit or ::rvice in Denton yes No
Parks and Recreation 1 2
Police Department 1 2
Public Libras 1 2
Fire Service Department 1 2
Ambulance services 1 2
Health Carr Facilities 1 2
Stray Animal Control Program 1 2
Qll. How would you rate the quality of those services in the City of Denton?
(CIRCLE ONE)
Service No opinion Excellent Good Fair Poor
Parks and Recreation 9 4 3 2 1
Public Librar 9 4 3 2 1
Trash Piaku 9 4 3 2 1
Fire Department 9 4 3 2 1
Electricity 9 4 3 2 2
Water and Sewer 9 4 3 2 1
Ambulance Services 9 4 3 2 1
Health Care facilities 9 4 3 2 1
Planning and Development 9 4 3 2 1
Public Transportation 9 4 3 2 1
Trolle
Stray Animal Control 9 4 3 2 1
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Next, we have some questions about educational, shopping and dining facilities
in Denton.
Q12. Please indicate how
(CXRC,LB' ONE B NUthe MBER FOX SnAM)speots of educational
facilities in
r
Education No opinion Excellent Good Fair Poor
The Diversity of Educational 9 4 3 2 1
Pro rams
Elements Schools 9 4 3 2 1
[VocationaI unior high Schools 9 4 3 2 1
enior hi h Schools 9 4 3 2 1
Communit colle es 9 4 3 2 1
olleges/universities 9 4 3 2 1
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Q13. Please indicate your opinion on the Availability of these shopping, dining
and entertainment facilities in Denton (CXRCLE ONE NUMBER FOR RAW XTEM)
Facilities No opinion Excellent oood Fair Poor
Restaurants 9 4 3 2 1
Fast-Food Restaurants 9 4 3 2 1
Food Supermarkets 9 4 3 2 1
Reatil Sho in Facilities 9 4 3 2 1 f
Movie Theatres 9 4 3 2 1
Howling Lanes 9 4 3 2 1
shopping, dining and
Q.14 What do yh facilities in Denton? (crAcur a#$)
entertainment
Facilities No opinion Excellent Good Fair Poor
Restaurants 9 4 3 2 1
Fast-Food Restaurants 9 4 3 2 1
Food sup rmarkets 9 4 3 2 1
Retail Shopping Facilities 9 4 3 2 1
ovie Theatres 9 4 3 2 1
Lanes 9 4 3 2 1
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QIS, Does your household subscribe to cable TV in Denton? (CIRCLO OHS)
YES . , . , . . . . , . . . . , . 1
NO (SKIP TD Q18) . . . . . . . . . 2
Qid. This year (1991)4 have you experienced problems with any cable TV
services? (CSRCLS ORB)
service YUS NO
Installation 1 2
Response to complaints 1 2
Repair work 1 2 I
Picture reception 1 2
Billing 1 2 J
417, would you watch city council meetings if they were broadcasted on cable
television? (CIRCLE ORB)
YES . . . . . . . . . . . . . . . . . . . 1
No . . . . . . . . . . . . . . . . . 2
Next, we have some questions about some specific services provided by the city.
Qie. Please indicate whether, in your opinion, the following city services
should be maintained at current levels, improved a little or improved a
lot? (CXRCZS ORS RORBBR MR SACK)
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city service we opinion Maintain at improve a Improve a
resent level little lot
Garbage Collection 9 1 2 3
Street Maintenance 9 1 2 3
Traffic Signals 9 1 2 3
Public Librar 9 1 2 3
` Parks and Recreation 9 1 2 3
Police Protection 9 1 2 3
Piro Protection 9 1 2 3
Electricity Services 9 1 2 3
Water and Sewer 9 1 2 3
services
Recycling Serviceu 9 1 2 3
Utilit Billing 9 1 2 3
Q19. Municipal debt is often used to pay for capital improvement projects such
as streeL drainage improvements. Sometimes a tax increase is needed to
pay back the debt. Would you favor or oppose the use of municipal debt
for each of the following? (CIRCLE ONS'HDIWBR NDR SA(C)
pro ect Favor se No opinion
Street and Road Im rovements 1 2 9
Drainage and Storm Sewer 1 2 r 9
Improvements
Park and Recreational Facilities , 1 2 9 11
1
Q20. Which of the following City of Denton services would you be in favor of
reducing if Cl,.at were the only way to keep taxes and rates at their
present level? (CIRCLE ONE NUMBER POX AUN)
City Service No YES, NO, don't
o inicn reduce reduce
I
oarba a Collecticr 9 1 2
Street Maintenance 9 1 2
Public Library 9 1 2
Parke and Recreation 9 1 2
Police Protection 9 1 2
Fire Protection 9 1 2
Electricity Services 9 1 2
Water and Sewer 9 1 2
Services
Land use planning 9 1 2
Utility Billing 9 1 2
Q21. Would you be willing to accept a reduction in the number of garbage
pickups from twice a week to once a week, if the money saved from the
reduction in pickups were used to pay for curb side recycling programs?
fCIRCLd 01181
YES . 2
NO . . . . . . . 2
Q72. Which of the following programs/activities do you think that the City of
Denton should undertake to make it more beautiful? (CIRM OWN FOR XACV)
Programs/Activities No Yes No
opinion
Add and im rove sidewalks 9 1 2
Regulate signs and sl na a in general 9 1 2
Develop more attractive entrances to the City 9 1 2
Put u new "Welcome to Denton" signs 9 1 2
Landscape street medians and islands 9 1 2
Place ntilitier olectric lines underground 9 1 2
Require landscaping and green apace in new 9 1 2
developments
Plant trees and shrubs 9 1 2
,.i
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41
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Now we would like to ask you questions concerning public safety in Denton.
Please indicate to which degree you agree/disagree with the following
statements. (PLEASE CIRCLE ohr okS POOR EACH ITSE)
lmStrongly agree 2=Agree 3aNeither agree or disagree
4-Dinagres 5■Strongly disagree
Q23. Denton is a safe place to live in. 1..,.2....3.,,,4....5
Q24. I feel safe walking alone at night in Denton. 1....2....3....4....5
Q25. I feel Denton is a good place to raise children. 1....2....3....4....5
Q26. Denton has big problems with drugs. 1....2.,..3.... 4....5
027, I think Denton has many murders for being such a
small community. 1....2....3....4....5
Q26, I think there are many car thefts in Denton, 1....2....3....4....5
Q29. I know of someone that has either been assaulted
t or robbed in Denton. 1....2....3...,4....5
Q30. Compared to many other cities in Texas, r think
Denton has a lOw crime rate. 1....2.... 3..s.4r...5
Q31s How would you rate the service provided by the city of Denton Police
Department? (CIRCLE ONE)
Excellent........ ss.s....ss.s..•s......s...4
Coods...s ..................................3
Pair 2
Poor.......... s...I..$.*............sr....s1
932. How about the service provided by city Police Officers? (CIRCLE ON.E)
Excellent....s...s.....s...• ..............4
flood.s.s..ss ...................s......r....3
Pair .......................Assist........ s.2
Poor, ...s....... I...r.sss••...........1
Q33. Are you aware that the Denton Police Department sponsors a Community
Oriented Policing Program (C.O.P.S.)? (CIRCLE ONE)
YES • 1
No (SXIP m 037) 2
i
934. How were you made aware of the C.O.P.S.? (CIRCLE ALL r'EAT APp62)
Red.o........t ....................AS..s..s.l
! Newspaper ..................................2
Neighborhood Mestings..............is...s•.3
Officer........t•......t .............•..I..4
Other ......................................5 ,
935. During the past year have you partioipated in any of the C.O.P.S.
programs? (CIRCLE ONE)
YES 1
NO . . • . 46.16 sit . . . . . . . . . 2
Q36• How safe do you fool now that this program is operating in Denton,
compared to before when there were no programs like this? (CIRCLE
ONE)
More safe ...astrs........ss...t... .......s.3
Same...........s 2
Less Safest ..........s .....................1
s
1 a
,y. t ka:5~r:
more about C.O.P.so7 (CIRCLE! ONO)
q37i Would you be interested in learning .
YES
NO .
questions about the city Government'
Next, we have some of Denton
q3e• Have you or any member of your household contacted the City
about a complaint, a request for service, or for information during the 1
ant year? (CIRCLE ONE) YES NO 2 I
p jaiuP so Q12) . . . . ' . .
RCLE ONE)
did you contact? (CI
Q39. Who in the City what person or office)
City manager's Office........... "
Mayor or city council.,.... 2
Police..... " " ...3
planing/Community development .............4
utility services,...' .....................16
,7
$treetA.............
Sanitation 68
Animal control...." '..........9
'I Other.....'
satisfied with the results you received? (CIRCLE ONE)
g40. Were you generally , , , , 1
NOS. 6 6 . • 2
241. Were the people you contacted courteous and helpful when you called?
1
(CIRCLE ONE)
NO 2
I
do you think that you get enough infion ormat099) about issues and
042. problems ems facing the city and its citizens? (inform
problems 1
NOS. . .
M Government in Denton? (CIRCLE ONE)
how would you rate City
Q13. Overall,
Excellent..•.•......'......• ..............•4 ~
" ...'........'....2
Good,#....
Fair.,...,..•.'..'........•.'....•....•....
Qecr " ....'•,••,••.'...•'...••..,....•,.•r.1
Now, we would like to ask you a few questions concerning the utility departmsnt j
of the City of Denton. ONO)
444. Have you had any questions about a city billing in 19917 (CIRCLE 1
YES
NO . (SKIP 2`O 048) . . . . 2
q450 What question did you have? (CIRCLE GEE)
1
Incorrect amount billed*
Meter reading error .::....2
Payment not °
rong nt notice
other .......•4
wdelinqu
........J....••'•..'........'•.. I...•'O
1
Q46. Who did you contact about the questions? (CIRCLE ONO)
Customer services ..........................1
Utility apartment ....................•....2
City manager's office ......................3
other ......................................4
Q47, Was the question satisfactorily resolved? (CZRCLO ONO)
YES . • . . . . • . . . . . . . . . . . . 1
NO . . . . . . . . . . . . . . . . . 2
Now we would like you to answer a few questions concerning the environment.
.
Q46, Would you support energy and water conservation programs? (CZRCLO oms)
YES . . . . . . . . . . . . . . . . 1
s . . . . . . . . .
Q40, Are you in favor of curb-side recycling programs? (CZRCLO ONO)
YES . . . . . 2
No . . . . 2
250, Wold you pay $1.00 to $1.50 more per month on refuse bill for curb-
size recyclimg? (CZRMH ONE)
I
YES . . . . . . . . 1
NO 2
Q51. Pleas* indicate how much you agree with the following statements. (cYRCL6
ONO) y
A,trongIy Agraa.•...••..••1...,••••..•.•„ •,•.11.11..,...•.1
Sgree.,•.,........ • ......................................2
geither Agree or 21sagree......
•...3
2isagree . ................................................Y
Atrongly 2ie4gree .................................•,,.....5 1
sA A HAD D SD
The water in Denton is clean 1 2 3 4 6 j
The air in Denton is clean 1 2 3 4 5
F
I recycle paper re larl 1 2 3 4 5
I recycle plastic regularly 1 2 3 4 5
i
I recycle cans regularly 1 2 3 4 5
I full support local recycling programs 1 2 3 4 b j
I think the City of Denton is doing a good job 1 2 3 4 5
encoura in its citizens to recycle
11
"savr the environment" issueu are im rtant to me 1 2 1,3 4 5
Next, some questions regarding your views on the future growth of Denton.
Q52, What do you feel about the rate at which Denton has been growing? (CZRCLO
ONO)
Tou Slow 1
Just Right . . . . . . . . . 2
Too Fast • , • • • . • , • . , < • • , , • 3
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F
Q53. Is the City doing enough to attract economic development? (CZRCLB ONE)
YES . . . . . . . . . . . . . . I
No . . . . . . . . . . . . . . . 2
Q54. Do you believe that the City should help revitalize the Downtown square?
(CIRCLE ONE)
t
YES . . . . . . . . . . . . . . . . 2
NO . . . . . . . . . . . . . . .
DO ou
Q55• b
usinesses oinothepfuture of the ONE FOR RACE)
No o inion
Typo of development Favor oppose
Retail stores 1 2 9
3 Food su rmarketo 1 2 9
i
Fast food restaurants 1 2 9
1 2 9
f Other restaurants
Hotels and motels 1 2 9
? single-family housing 1 2 9
apartments and rental housin 1 2 9
Entertainment establishments 1 2 9
Industry and Manufacturing 1 2 9
Health Care Facilities 1 2 3
J Office Buildings 1 2 9
9564 since r moved to Denton$ I have seen the city's quality of
life ? (CIRCLE ONE)
......................1
Improves of
Stay the aame ..........2.
Decline .............1.......3
i
Q57. How would you rate the overall quality of life in Denton? (CIRCLE ONE)
Excellent............ I ...................~.4
Good .......................................3
Pair ......................•................2
poor .......................................1
Finally, we have some background questions. These are opt for classifying
people into groups that will then he compared on their answers.
Q58. What is the highest level of education you have completed? (CIRCLE ONE)
Sth Grade or Lower . . . . . i
Some High school . . . . . . . . . . . . . 2
High School Graduate . . . . . . . . . . 3
Some College . . . . . . . . . . . . . d
College Graduate or More . . . . . . . 5
S
5
Pi:4kJ1M1
I
Q59, If you currently are a student$ where do you go to school? (CZRCLa ONE)
Denton Independent School District,....4...1
TWU s..2
UNT ........................................3
Other (SPNCIIPi )....,.4
Q60. Are you currently employed 20 hours or more per week for pay? (CIRCLE ONE)
YES . 1
NO (SKIP M 062) . 2
s
Q61. Where do you work? (CZRCM ONEJ
Denton.... • ..............1
Carrollton/Addleon .........................2
j Dallas .....................................3 f
Fort Worth.................................4
Lewisville .................................5
Richardson/Plano ...........................6
Other (SPECIP'Yt )......7
Q62. Are you currently married? (CIRCLE ONE)
YES . . . . . . . . . . . 1 j
NO . . . . . . . . . . . . . . . . 2
Q63. Are any children presently living with yoe at this residence? (CIRCia ON$)
1 YES . . . . . . . , . • , . 1
NO . . . . 2
964• Do own or rent your current residence? (CZRCLa ONE)
own ........................................1
Rent ....................2
Q65. What was your household's total income before taxes? (CZRCLa oaa)
$0 to $4999,... ......1
$5000 to $9994 2
$10000 to $14999 ...........................3
$15000 to $24999 .........................c.4
$25000 to $34999..,•.......•...,..., I,,..,,, 5
$35000 to 549999 ...........................6
$50000 to $69999 ...........................7
$70000 or over .............................8
Q66, What is your ethnic background or race? (cums ONa)
Oleck 2
Other (SPECZPYt )......5
Q67. in what year were you born?
(MAX) 19
Q66, What is your gender? (CIRCLE ONE)
Female ..............................1
Nals .......................................2
i
F"1VYYSS
Q64. Is anyone in your current household physically handicapped? (CIRCLS OHS)
i
YES . . . . . . . . • . . . l
No . . . . . . . . . . . . 2
I
Q70. Which are the two streets that form the intersection closest to your
j present residence? (CSRCrs OHS)
(9TRSST OHS)
i 971. Use the space below for any other comments on what you think can be done i
to make Denton a better place to live and/or works
i
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TIM YOU VERY NVCS FOR YOUR EELM. PLEASE ItM6 SURE TEAT YOU RAVR
ANSWERED ALL TEE QUE6TIOX6;; TON, RETWM TES QVESTIOMAIRE IN TEa
k ENCLOSED RETURN ENVELOPE.
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October 1, 1991
CITY COUNCIL WORK SESSION
i
To: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Lloyd V. Harrell, City Manager
RE: CONSIDER REDUCTION IN CITY OF r^71NTH'S WATER DEMAND.
j
The City of Denton entered into a wholesale water contract
with the City of Corinth on May 14, 1985, that extends to June
11 2006. This contract requires that by February lst each
year, the City of Corinth is to notify Denton of the maximum
daily demand that Corinth will need for the subsequent water
year. Presently, the City of Corinth's requested demand is
1,250,000 gallons per day (GPD) with an average daily flow of
550,000 GPD.
The Mayor of the City of Corinth recently contacted Denton
indicating that Corinth would like to consider drilling to:o
wells to be utilized for system peaking. By utilizing these
wells, the Corinth maximum demand from Denton could be reduced
by approximately 500,000 GPD, from the 1.250 million gallons
per day (MGD) to 0.750 MGD.
The Corinth system represents approximately 5% of Denton's
peak day requirements, and, therefore, 5% bf Denton's raw
II
water pumping and transmission system, water treatment plant
I is dedicated
and treated water pipelines (lines 10" or larger)
to Corinth. For this, Corinth pays 5% of all fixed costs and
a return on investment for this 58 of the asset value of the
system. This presently represents approximately $300,000 per
year for the 1.25 million gallons per day capacity requested.
The contract requires (Section 3.3) that Corinth is obligated
to pay for the requested demand volumes and that the demand
volumes shall not be less that the demand requested in any of
the five prior water years, except where Corinth gives notice
of Corinth's intent to reduce or cease taking water in
accordance with Section 10.0 of the contract.
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Section 10.U (Reduction or Termination of Water Requirements)
of the contract requires a five year written notice of intent
to reduce or cease taking water. This section also outlines
provisions that obligate Corinth to the extent that Denton can
recoup all costs incurred in providing water under this
agreement past the fifth year.
Corinth has indicated in writing that they would like to
establish the proposed well system prior to the beginning of
the June 1, 1992 water year. They are requesting that Denton
waive the five year notice of intent requirements and that
they be able to lower demand volumes for the water year
beginning June 1, 1992.
The Public Utilities Board reviewed this issue at their
meeting on September 18, 1991, and acknowledged that such a
reduction is in keeping with the Board and City Council's
policy to encourage Denton's wholesale water customers to
reduce their dependence on Denton. However, they expressed
concern about the effect this amendment would have on the 1992
budget, plus a concern about the full reduction being allowed
at one time. They felt that the revenue programmed into the
19°2 budget from Corinth should not be changed and that a
phased reduction might be acceptable. The Public Utilities
Board appointed a task force consisting of Carol Ridens, Bob
Coplen and appropriate staff members to review this issue. On
September 26, 1991, this PUB task force, including Howard
Martin and Bob Nelson, met and the following recommendations
were made
1. That Denton. and Corinth honor the present 1.25 MGD demand
request until October 1, 1992.
2. Reduce requested demand from 1.25 MGD to 1.0 MGD
effective October 1, 1992.
3. Agree to reduce requested demand
ndindadvising
effective October 1, 1993, pending Corinth
Denton by September 1, 1993, of any reduction below 1 MGD
that is desired.
i
4. That the final maximum daily water demand request
remaining after these reductions will represent the
absolute maximum demand that Denton will provide, that
Corinth will obtain any additional water from other
sources, and that Denton will not, after October 11 1992,
for Corinth's future growth in water
carry any reserves
requirements.
5. That this amendment to the contract for a reduction in
demand is agreed to based on Cor.inth's ultimate
commitment to shift from being a Denton treated water
customer to an Upper Trinity Regional Water District
treated water customer.
:
1
ms~tieer>
The advantages of allowing Corinth to reduce their requested
volumes area
1) 500,000 gallons per day of capacity can be returned to
Denton.
2) This follows the general direction received from the
Council and Public Utilities Board over the past several
years to encourage customer cities to seek water supplies
elsewhere and discontinue receiving service from Denton.
3) It better utilizes plant capacity in the region for base
load usage and places a good portion of Corinth's summor
peak load onto a well system.
4) It places Corinth in a more competitive position with
other members of the UTRWD who have wells to handle some
of their peaking requirements and who plan to utilize
surface water for base load use.
r
i 5) May help ease the concern Corinttz has about the rates it
pays Denton for water.
The disadvantages of allowing Corinth to reduce their
requested volumes are:
1) By contract, Corinth can reduce their demand request with
five (5) years' prior notice. If an earlier reduction in
demand is made, as listed above, Denton would lose;
$60,000 revenue fiscal 1993
$120,000 revenue fiscal 1994
$120,000 revenue fiscal. 1995
$120,000 revenue fiscal 1996
However, Denton has recognized that Corinth has become a
member of the Upper Trinity Regional Water District and
would discontinue purchasing water from Denton when UTRWD
secures a supply of water. Therefore, although the
Corinth contract has a five year backout provision,
Denton has recognized that Corinth may he withdrawing
from Denton's system prior to the completion of the five
year provision.
2) Utilizing wells will further deplete the limited
underground water supplies.
3) by Corinth installing a well, their requirements from
UTRWD will be reduced which will mean less revenue for
UTRWD to fund their proposed pipeline system.
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FISCAL SUMMARY
Reduction in Denton's revenues would bei
$60,000 revenue fiscal 1993
$120,000 revenue fiscal 1994
t $120,000 revenue fiscal 1995
{ $120,000 revenue fiscal 1996 !
r 1
r $120,000 per year represents 1$ on Denton's rates.
I~
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DEPARTMENTS/GROUPS AFFECTED:
Citizens of Denton, Denton Public Utilities, City of Corinth
Respectfully,
I
1 Lloyd V. Harrell,. City Manager
j Prepared/Approved by:
R.E. Nelson, Executive Director
Department of Utilities
c
Exhibit I Letter of 8/27/91 from Corinth with request
II Corinth/Denton Water Contract
under ordinance 85-94
!
CCCOR.RED
I
k
l
.eµ9: aVr
C = !c)~~
Shirley Spellerberg, Mayor City of Corinth Corinth, TX 76205
(817) 4974145 2003 South Corinth Street PAX: 497.2295
r August 27, 1991
fr ~ ,
Mr, Bob Nelson,
Director of Utilitie€
City of Denton
215 East McKinney
Denton, TX 76201
Dear Mr. Nelson:
As per our meeting of this morning, this letter comes as a formal
request that you allow the City of Corinth, under the terms of the
Wholesale Water Contract, to drill one or more wells to be used as
an alternative source of water, specifically for the purpose of
satisfying the peak demand for water in high usage times during the
j / water year, Tentatively, Corinth would like to have the wells ri
" operational by May of 1992. j
l
T also request that the City of Denton agree that once the wells
are operational the Demand Component under the Wholesale Water
Contract will be adjusted by an amount equal to, but not to exceed
the comfortable production capacity of the wells once that can be ;
determined,
Please include any requirements for protection of the Denton Water
System that may need to be installed by Corinth and any other
j requirement of Denton in regard to this matter.
Please let me know if further information on this subject is needed
from the City of Corinth. Thank you for your consideration and
cooperation in this matter.
i
Sincerely,
Shirley Spell-lelrberg, Mayor
City of Corinth, Texas
SS:a
1036L
f ~
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No.
j AN OADINMICY Of T82 CITY or DUMB,, TEM A!lRO M AN A4MZM T
f VOR TUB SALT Or WWHJULALZ TUATt31 VAM fa Tiit TOW or CORXW J
AUTNORIZINO Tu NAYOt TO 9ZECUTS TRL AGt=CIl, AND "UMPINO rot
AN UMTIVY DAT9,
nor, TnsRSrM, TRS covNCa or Trs cITY or Dr117oN, TL1UU1, aswY
ORDiAUS t
S[CTIOM t.
That the city Counail of the City of Denton, Texan appmes
j the attashed a6reaseet for the 8410 oL Mwluale, treatee water to
the TOM of Corinth, Taxsa.
3iCTI0N. M
That the WAYOr and the City Seerecary, rospectimAy, 4ft
authortood to execute and atteat the actaohed agraeont.
k 3ICTIg11 tit.
i That this ordisaaae shaLl beooee effective LanNiately w~
111 its passa6e sae approval.
lA660 AND A?pROVRO this the ny of
A &a
1963.
AA 'died'
I Or , Tti6t
A ,
S
CITY or DLNTOM,~TuA!
ArltOM AS TO A of
DUM ADAM DRAYOVITIA1 C1TT ATTORM
CITY of but Tu"
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T"'
R
1056L
THE STATE OF TEXAS 4
COUNTY OF DENTON § CONTRACTEBETWEEN£CITY OFTDENTON
AND TOWN OF CORINTH
This Agreement made this 4 d'ay of , 1985, by
and between the City of Denton► a Municipal
Co
oration
organized
under the laws of Phe State of Texas (hereinafter referred to as
"Denton"), and the Town of
Corinth, a Municipal Corporation
organized under the general laws of the State of Texas (herein.
after referred to as "Corinth");
WITNESSETH:
WHEREAS, Corinth desires to purchase wholesele, treated,
potable water from Denton; and
WHEREAS. Denton desires to make provisions to supply, treat and
j deliver wholesale, treated, potable water to Corinth;
NOW, THEREFORE, in consideration of the mutual covenants and
agreements herein contained the parties agree as follows:
1,0 water Sales
1.1 Denton agrees to sell and deliver wholesale, treated,
i
potable water to Corinth subject to the terms and conditions
stated herein.
l.,t Corinth agrees to purchase wholesale, treated, potable
j water from Denton subject to the terms and conditions stated
herein.
1,3 Denton agrees to provide sufficient water to meet the rate
of flow and volume requir ,nts of Corinth under the terms and
conditions and subject to t,. imitations stated herein.
PAGE I
p
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1.4 All treated, potable water that Corinth receives from
Denton under this agreement will be untreated water that Denton
purchases from the City of Dallas and treats at Denton's water
treatment plant(s). Delivery of water to meet the volume and
demand requirements of Corinth under this agreement are expressly
subject to and limited by the available supply of water from
i Dallas, and the ability of Denton to treat and deliver water, as
!I determined by Denton. Denton shall exercise due diligence to
( assure that the supply, treatment had deliverability of water is
maintained to meet Corinth's water requirements as set forth
h herein,. Should Denton need to curtail the supply of water to its
other customers, because of drought, system or delivery failure or
malfunctions r,-;tamination, ao4a of God, civil disturbances, war
or other causes beyond its control, Denton may curtail the supply
of water to Corinth without being in default of this agreament.
1.5 It is expressly understood that water delivered to Corinth
pursuant to this agreement is contingent on water Denton purchases
or receives from the City of Dallas and this agreement does not
obligate Denton to utilize any of its water rights granted to.
Denton by any regulatory agency in the furnishing of water to
Corinth.
2.0 Definitions
241 "Demand," as used herein, means the maximum daily rate of
flow of water, in gallons, that would, if maintained consistently
through a period of twenty-four (24) hours, provide the maximum
PAGE 2
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quantity of water required by Corinth in any one day of a water
year
2,2 "Volume," as used herein, means the quantity of water, in
gallons, that Corinth requests Denton to supply in a water year.
i
2.3 "Water Year,", as used herein, shall mean the, period of
time from June 1 to Nay 31 of the succeeding year, for which the
annual water requirements of Corinth shall be determined and
established.
1
3.0 Volume and Demand Determined for Each Water Year
3.1 Denton and Corinth agree that the delivery of water to
Corinth by Denton shall be based upon the volume and demand
1 established for each water year as set forth herein,
3.2 Not less than one hundred and twenty (120) days before they
beginning date of the first and each successive water year (June
1), Corinth shall give notice to Denton, in writing, of CoriathOs
requested volume and demand for the first water year, and the
projected volume and demand for each successive water year during
the term of this agreement. Each successive notice shall be
dated, signed by representatives of both parties, and shall be
attached hereto as Exhibit "A" and incorporated herein by refer-
ence. Denton may, in its sole discretion, waive the one hundred
j
and twenty (120) day notice requirement at the request of Corinth.
Such request and waiver shall only be effective if done in writing.
i
3,3 Volumes requested by Corinth in each notice for any one
water year, shall not be less than the volume requested in any
I
PACE 3
r,a, c>.qa n(f
`FSs
'y1
7•
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prior water year, except where Corinth gives notice of its intent
to reduce or cease taking water in accordance with 10.0.
4.0 water, hates, Charges and Payments
4.1 The water rates to be paid by Corinth to Denton in
performance of this agreement shall be in an amount as established
by ordinance of the City Council of Denton, and as from time to
I
time amended. Such schedule of rates and revised rates shall be
attached hereto as Exhibit "B" and incorporated herein by
reference. Denton shall give Corinth ninety (90) days notice of
its intent to revise existing, rates for any water years Revised
j ....1 rates shall become effective forty-five (45) days after passage of
' the ordinance establishing the revised rates.
4.2 Corinth agreee to purchase or pay during any one water
yeart the greater oft (1) the volume of water requested for that
current water year, as shown on Exhibit (2) the volume of
I water requested in any prior water year, or (3) the volume of
water actually used in any prior water year.
j 4.3 If Corinth does not require or receive all volume request-
ed for a current water year as shown on Exhibit "A," where Denton
was willing and able to deliver such requested volume, Corinth '
shall pay Denton for such volume of water requested, but not re-
ceived, at the "readiness to serve" rate set forth in Exhibit "D,"
which shall be the amount charged to Denton by Dallas for volumes
Denton requested from Dallas on Corinth's behalf. Corinth shall
not be obligated, in any current water year, to pay for that water
volume requested but not received, if such failure to receive such
volume was due to Denton 'a inability to deliver such water.
4.4 Corinth, for any water year, may request an increased or
decreased demand from any prior water year, but the demand charge
for any current water year, shall be based upon the greater of:
(1) the demand for the current water year, or ('l) the highest
demand for any of the prior five water years during the term of
this agreement.
4.5 If Denton fails to make availabls the requested demand
during Corinth's peak usage period for seven (7) or more
consecutive days, the demand charge for such days shall be
calculated by using the maximum rate of delivery for such days, f`
timeu the current annual demand charge, divided by 365, times the
number of days of reduced flow.
4.6 If Denton fails to make available the requested demand for
I ~
any current water year during the period of time from May 1 to
October 31 for thirty (30) or more consecutive days, the adjusted
annual demand charge for that water year shall be calculated by
using the maximum rats of delivery for such days divided by the
requested demand, times the current annual demand charge.
4.7 Denton shall mail or deliver monthly bills for water
chat'ges incurred by Corinth under this agreement by the tenth
(10th) day of each month. Bills shall be due and payable upon
receipt by Corinth and shall be considered delinquent ',f not paid
by the twenty-fifth (25th) day of the month, mailed or delivereds
PAGE 5
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Denton shall charge, and Corinth agrees to pay, an additional five
percent (5Z) of the total monthly bill, or five hundred dollars
($500.00), whichever is less, for all monthly bills not paid by
the twenty-fifth (25th) day of the month.
i
4.8 For all delinquent monthly water charges billed which
, remain unpaid after the last day of the month, Denton shall
charge, and Corinth agrees to pay, in addition to the amount
provided for in 4.7, interest on such unpaid balance equal to the
auction average rate quoted on a bank discount basis for a 26-week
treasury bill issued by the United States government, as published
by the Federal Rosarve, for the week prior to the data such bill
or bills are delinquent, or too percent, whichever is less.
4.9 It is agreed that the parties, in providing for penalties ,
or interest on delinquent amounts owed, as set forth in 4.7 and
4.8, intend, to contract for a rate of interest that is not in
1
excess of the rate allowed by law. Should, for any period of time '
to which 4.7 or 4.8 apply, it is determined that suet, interest is
1
in excess of that allowed by law, the parties agree that such cat•
of interest shall not apply, but be reduced to the maximum rate
allowed by law.
5.0 Delivery Locations. Metorina and Conditions
1.1 Denton agrees to deliver the water contracted for herein at
delivery point(s) as shown in Exhibit "Co" attached hereto and in-
corporatod herein by reference, and at any other such points as may
be mutually agreed upon by both parties. The cost of acquiring,
PAGE 6
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designing, installing and constructing all water delivery and
monitoring equipment or facilities necessary to fulfill this
agreement, including, but not limited to, water lines to metering
points, meters, meter vaults and associated valves, shall be borne
by Corinth; provided, however, thit Denton shall furnish and
install all necessary meters, the costa of which shall be paid by
Corinth. All plans for needed water delivery or monitoring
{ facilities shall conform to Denton's requirements and be submitted
to Denton for its written approval prior to installation. Corinth
shall enter into a pro rata agreement with Denton and be
reimbursed, on a per linear foot basis, for any connections by any
customer of Denton to any water lines within Denton or its -1
extraterritorial jurisdiction, the cost of which has been paid for
I
by Corinth and conveyed to Denton.
5.2 All water furnished shall be measured by maters installed
at the point(s) of delivery. Denton agrees to maintain said
i
meters and to cause such repairs and adjustments as mayp from
time-to-time be necessary, to be promptly made. Such repairs
shall be made at no expense to Corinth, unless it can be shown
that the necessity for such repairs was brought about by an
improper act or the neglect of Corinth. Denton agrees to test the
mater(s) annually. Upon the request of Corinth, Denton shall test
the mater(s) more frequently than annually, but such addiC.Ional
test(s)shall beat Corinth's expense, unless an error in metering
is found to be in favor of Corinth. If the meter(s) are found to
be in error by more or less than two (2x) percent, adjustments
PAGE 7
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shall be made accordingly. In the event a meter is discovered to
1
be malfunctioning, the amount of water that has passed through the
meter will be estimated for each day the meter was not functioning
correctly by taking an average of the tvo preceding rsadings of
such meter(s), exclusive of readings during the time of any mal-
function of the meter.
j 5.3 Corinth agrees that after final inspection and written
li acceptance of delivery facilities by Denton, Corinth will convey
title of those facilities and rights of way in conjunction there-
with to Denton. upon conveyance of title to delivery facilities
by appropriate instrument(s), Denton shall be responsible for
I s} operation and maintenance thereof.
' 5.4 Corinth agrees to provide ingress and egress for Denton
employees and agents to all premises inside Corinth's boundaries
to install, operate, inspect, teat, and reed meters and maintain
facilities owned and maintained by Denton within the city limits
of Corinth.
5.5 Denton agrees to provide ingress and egress for Corinth's
employees and agents to all premises inside Denton's boundaries to
install, operate, inspect, test, and maintain facilities, and reed
meters owned or maintained by Corinth within the city limits of
Denton.
5.6 A rake-of-flow controller shall be installed at each point
of delivery of water from Denton to Corinth. Such rate-of-flow
controller shall be paid for by Corinth, but all future maintenance
PAGE 8
1
? or replacement costs shall be the responsibility of Denton.
5.1 Corinth shall provide sufficient ground or overhead
storage and pumping facilities in accordance with the standards
and requirements of the State of Texas or its regulatory agencies,
to that Corinth can meet the water requirements of its customers
without drawing upon Denton's water system at a greater demand in
any water year than set forth in Exhibit "A•"
5.6 Corinth shall receive water from Denton, either through an
open discharge into a ground storage tank, or into a supply line
~II into the ground storage tank. Appropriate backflow preventor
1 ~ cheek•valves shall be placed by Corinth in the delivery line to
E f assure that no flow of water from Corinth's system can return to
Denton's system.
5.9 Corinth shall abide by the service conditions for treated
water customers adopted by Dallas, endorsed by Denton, as listed
in 'Exhibit "D," attached hereto and incorporated herein by
reference.
6.0 Sawaxe Treatment and Return Flow
6.1 Delivery of water by Denton to Corinth, at the requested
volume and demand for any current water year, assumes adequate
sewage collection facilities to accommodate the volume and demand
taksh by Corinth. Corinth agrees that, if its sewage collection
facilities prove to be inadequate, Denton may decrease the volume
or demand of water supplied to a level that may be accommodated by
Corinth's sewage collection system.
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6.7 Corinth agrees that water purchased by Corinth is for use
by Corinth, except as allowed under Section 7.0 herein. This
contract conveys no rights to the return wastewater flows result-
ing from the use of water purchased hereunder. In the event
Corinth develops or secures wastewater treatment services other
than from Denton, Corinth agrees that all wastewater treatment
effluent discharges will be returned to the Elm Fork of the
Trinity River above Lewisville Lake Dam.
7.0 Resale
7.1 The distribution of Denton water by Corinth shall be
limited to the area within the limits of Corinth, except that
Corinth may be permitted to supply water to such specific
customersor areas beyond its limits as from time-to-time may be
approved in writing by Denton, on written application from Corinth.
8.0 Water System Standards and Supply
6.1 For the protection of the health of all consumers supplied
i
with water from the water system of Denton, Corinth and Denton
t agree to comply with State of Texas Department of Health standards
and to guard carefully against all forms of contamination to its
water' system, and that, if at any time contamination should occur,'
the water supply to the area or areas affected shall be
immediately shut off or isolated and remain so until such
conditions. shall have been abated and the water declared again
safe and fit for human consumption by the properly constituted
governmental health agencies having jurisdiction thereof.
PACE 10
~ `j[nk',74j
: q
8.2 Denton expressly reserves the right to discontinue tempo-
racily, after notice to Corinth, the supply of water to any of the
pipes laid or to be laid by Corinth whenever it is necessary to do
so to insure proper operation of the Denton water system, or for
non-compliance with any provision of this agreement. No claims.
I for damages for such discontinuance shall be made by Corinth
against Denton.
8.3 It is understood and agreed that Corinth will not, under
any circumstances, permit water from any other source or supply to
enter into its water system, or any part thereof, or to be nixed
or singled with water from the water system of Denton, without
prior written approval of the Director of Utilities of Denton.
9.0 Transportation to Other Entities
f
9sl The purpose of this section is to recognize the benefits
and encourage the cooperation of all water suppliers in the area
to jointly share costs and benefits of major water supply
facilities in the interest of providing reasonable cost of water
to all citizens of the area,
9.2 Denton encourages Corinth to cooperate to the extent
y possible, to make available to other governmental entities any
excess water transmission capacity in its water system, for use in
transporting wholesale, treated, potable water from Denton to such
entity. The determination of whether excess capacity is available
rec;s entirely with Corinth. Such excess transmission capacity
shall tie considered temporary only and shall not commit Corinth to
any long-term obligation to provide such transmission capacity.
PAnfi 11
Y" ki'a!'aI,Y
GrE IJ'Gi
9.3 Entities utilizing such temporary excess transportation
capacity shall be responsible for payment of such transportation
! service at a rate determined by applying the general guidelines
c.
included in Appendix "A" of Exhibit "D."
I 9.4 When water is,transported from Denton to such entity using
mains of Corinth, Denton shall collect the agreed transportation
i
charge and credit the account of Corinth for such transportation
j services.
! 10.0 Reduction or Termination of Water Requirements
10.1 If, within the term of this agreement, Corinth should wish
to construct and operate its own water treatment plant facilities
' or purchase treated water from another source, Corinth shall give
Denton written notice of its intent to reduce or cease taking f
water at leant five yearn prior to such time it will reduce or
cease to take water from Denton. The notice shall specify the
date that Corinth shall cease to take or receive water from
Denton, which shall be no sooner than the beginning of the fifth
water year after the current water year in which such notice is
given, or, if Corinth intends to reduce the volume of water it is
required to take or request under this agreement, the notice shall
specify the dote or dates and water years when such reduction or
i
reductions shall occur, which shall be no sooner than the
~ I
beginning of the fifth water year after the current water year in
which such notice is given, that Corinth intends to reduce the
water requested or recel.ved and the amount of reduced volume and
PAGE 12
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demand for each remaining water year during the term of this
^graemenC.
10,7 Corinth recognises that Denton has entered into a long
s
term contract to purchase a water supply from Dallas, and has
included in such purchase, a volume of water on behalf of Corinth,
in order to supply Corinth with its water needs in accordance with
this agreement, Corinth also recognises that Denton, in order to
supply Corinth and its other water customers with the volume and
f -
demand required over the term of this agreement, must incur
certain capital costs so as to maintain, improve and expand its
~
water suPP1Y facilities.
i
10.3 Should Corinth give notice of its intent to reduce or
cease taking water from Denton under this agreement, Denton may,
but is not obligated to, waive or reduce at the beginning of the
fifth water year after the notice in 10.1 is given, any or all of
i Corinth's obligations to take, receive, request or pay for water
in accordance with this agreement, after determining to what
extent Denton will be able to recoup all costs in purchasing water
and all capital costs incurred to insure delivery capability to ;
fulfill this agreement by supplying and delivering such water to
other customers,
10.4 If, in accordance with 10,30 Denton determines that such
requested discontinuance or reduction in water delivery would not
in any water year allow Denton to recoup all cost and expense
incurred in insuring the water supply required by this agreement
PAGE 13
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by supplying other customers, Denton shall give notice in writing,
at least one year prior to such time such discontinuance or
reduction of water delivery is to become effective, of the reduced
volume, if any, Denton shall allow Corinth to take or request from
Denton for all successive water years during the remainder of this E
agreement. Such reduced volume allowed by Denton shalt be shown
in Exhibit "A" attached hereto and incorporated by reference.
Denton may, but is not obligated to, allow further reductions in
volume in any successive water years as alternative customers for
such water are found,
k 10.S If Denton, upon the request of Corinth, agrees in writing
that Corinth shall be allowed to cease taking water from Denton
for all or part of the remaining water years during the term of
this agreesent, this agreement shall terminate and neither party
shall have any further obligation to the other hereunder at the
time such water deliveries cease.
11.0 Termination and Default
11.1 Should Corinth fail, refuse or neglect to pay any bill
for water within sixty (60) days of the date due or should it
~I
refuse, neglect, or fail to comply with or perform any of the
conditions on its part required to be complied with or performed
here4nder, and if after such failure Denton shall deliver to
Corinth, addressed to the Mayor of Corinth, a notice in writing of
its intent to terminate the supply of water on account of such
failure, refusal or neglect, then Denton shall have the right to
PA19 14
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terminate the water supply at the expiration of ten (10) days
after the giving of such notice and to terminate this agreement,
unless within such ten (10) days Corinth shell make good such
failure, refusal or neglect. The termination of water service or
termination of this agreement, as provided herein, shall not
i
release Corinth from its obligation to make payments of any
amounts due or to become due in accordance with the terms hereof.
12.0 Force Haleure
12.1 If, because of flood, drought, fire, explosions, civil
disturbance, were water system failure or malfunction, acts of
Cod, or other causes beyond the control of either party, either
party is not able to perform any or all of its obligations under
this agreemeat, then the respective parties' obligations hereunder
shall be suspended during such period.
13.0 Liability and Claims
13.1 No claims shall be made by either party hereto against
the other and neither shall be liable to the other for any damages I
or loss of any kind resulting from the interruption, curtailment
or reduction of the supply of water, or for thu failure to receive
i
or pay for requested water not received, which results from the
causes listed in 1.4p 6.1, 8.1, 11.1, or 12.0 of this agreement.
13.2 Denton agrees to hold harmless and defend Corinthp its
officers and employees, from any claim for injuries, damages or
i4 losses that arises from any act, omission or negligence of Denton,
its officers or employees, arising from the performance of this
agreement.
PACE 15
J
4
'i
13.3 Corinth agrees to hold harmless and defend Denton, its
officers and employees, from any claims for injuries, damages or
losses that arises from any act, omission or negligence of
Corinth, its officers or employees, arising from the performance
of this agreement.
14.0 Applicable Laws and Regulations
14.1 This agreement is made and shall be subject to the laws
i
of the United States and the State of Texas and all applicable
regulations or rules of any regulatory authority thereof having
jurisdiction of the subject matter of this agreement.
14.2 Should this agreement, or any provision, thereof be, or
found to be, in violation of any such applicable law or F' regulation
r
either party, upon reasonable notice to the other, may terminate
this agreement, or, upon the mutual consent of each party, this
agreement may be amended so as i:o be in compliance with such law
or regulation,
15.0 No Verbal Aareement
i
15.1 This contract contains all commitments and agreements of
t
the parties hereto and no verbal or written commitments shall have
a
any force or effect if not contained herein.
16.0 Benefiting Parties
16.1 This agreement shall inure to the benefit of and be
binding upon the respective parties hereto, their successors and
assigns. ,
PACE 16
1
X1'.1 [[1
{
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17.0 Prior sQraements or Service
17.1 This agreement shall supercedo and control over any prior
agreements or understanding, whether written or verbal, concerning
the supply of water by Denton to Corinth except as otherwise
t provided for herein..
18.0 Effective Date
i
' 18.1 This agreement shall become effective for the first water
year beginning June 1, 1986, provided, however, that the water
E rates provided for in 4.0 and the requirement of the installation
of a rato-of-flow coutroller provided for in 3.60 shall not become
1 effective until the earlier dots of dithers (1) the date Corinth
notifies Denton of the completion of its water storage facilities,
such notification to he given within 20 days after actual'
1
completion; or, (2) June It 1987. s
18.2 It is agreed that Denton shall continua to provide water
Corinth under the existing supply contract until the beginning
to
of the first water year specified herein, irrespective of any
limitations contained in such existing contract*
demand
volume or
Corinth agrees it will pay water rates currently established by
Denton, including a surcharge established by Denton on all volumes
of water over throe million (3,000,000) gallons per month supplied
to Corinth during the period of May 1 to October 31, until the
beginning of the first water year on June 1, 19869 at which such
time the provisions of this agreement shall apply.
J
PAGE 17
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19.0 Term.
19.1 This agreement shall be effective from June 1, 19860 to
June 1, 2006, unless earlier terminated in accordance with the
{ provisions contained herein or upon the mutual consent of both
E
parties .
Ei IN WITNZSS WHEREOF, the parties hereto have caused this agree-
ment to be executed by their respective duly-authorized officers
:
a' in multiple originals as of the date and year first above written.
CITY OF DENTON, TEXAS
BY: i
'
ATTEST:
I ~
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
j
BY:
TOWN OF CORINTH, TEXAS
BYs,~S
~"Z;Mtj MA
TOWN OF ORINTH$ TEXAS
ATTEST:
MJ CITY SECRETART, TOWN OF CORINTHo TEXAS
PAG,: 18
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EXHIBIT A
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► REQUESTED VOLUMES 6 DEMANDS FOR WATER YEARS
ANNUAL WATER AVG DAILY DEMAND
WATER VOLUME REQUESTED USAGE REQUESTED
YEAR (MG) MGD MGD
1-986-
.1987_ 1
--1911
1919 1.25 NOD
1940 _ 200.75 N1G 550 MGD
1441
1992
1943
1494
1995
1996
1997
1498
1999
2000
2001
2002
2003
2004
2005
2006
CITY OF DENTON
BY
bA i
ATTESTt
_ TOWN OF CORINTH
BY
i
DATE
ATTESTt
3617U
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i
WATER SALE FOR RISALS TO agf
GOVERNMENTAL AGENCIES, Effective Date D R A F T
DIVISIONS OR 31JDDIVISIONS
Ordinance 0 BS-
I Article 11 Chaptat, 2S
SCHEDULE M3 31170-12- DRAFT
APPLICATION
Applicable to all governmental agencies, divisions, subdivisions '
for distribution and resale of water supplied at points of deliver v e%4
measured through one aster and with appropriate rate of flow controll,t,ls.
f Not a licabls for temporary, standby, or supplementary service
I~ except in cos uact on with appilcahle rider.
i NET MONTHLY RATE
i
1) Facility Charge $150.00
2) Demand Charge Annual $64,18111SO,000 gal/peak demand
or Ronthly $12.81/1000 gal/peak demand
2) Volume Charge $.63/1000 gals.
f,
Readiness to Serve $,3672/1000 gals.
WINDOW BILLING
1 $150,00 per month
PA IM ENT
Denton shall render bills on the tenth (20th) day of each month
delivered to the Town Clark of Corinth. Billy shall be due and payable
when rendered. Bills are considered delinquent if not paid by the
twenty-fifth (25th) of the month. There shall be a five (St) percent or
five-hundred ($500) dollar charge, whichever Is leas, added to the bill
if not paid by the twenty-fifth (2Sth) of the month.
All delinquent balances remaining unpaid after the last day of sick
month and for each mouth thereafter shall be subject to an additional
interest charge based on the current Treasury Bill Interest rats, Such
interest charge shall be applied to all delinquent bills until paid.
Water service may be d1^-connected if any bill is not paid within sixty
(60) days. Corinth hereby waives any and all claims for damages
resulting from such discontinuance of service.
DENTON MUNICIPAL UTILITIES
S
.~YAI . G~AC1; t%
1
Tll
ANY" AGA
"'r, DIVISIONS OR
SUSDIYISEONS
Ordinance 1 as- k
i Article II Chapter
15
SCIiBDUL>i 113 (Cont'd) I 3147U-13-DRAFT ,
PRORATION OF UTILITY !ILLS
a) Billing fov the Facility charge shall be based on 12 billings
annually. €
Formula:
I
Actual days in reading period x Facility Charge
ays
b) Billia`` for the Demand Charge shall be based on 12 billings
annual iys
Formula:
1
Actual days in reading period x Demand Charge
aw Gays
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DBNTON MUNICIPAL UTILITIES
4
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CITY OF DENTON CITY COUNCIL MINUTES
August 13, 1991
The Council convened in the Work Session at 5:15 p.m, in the
Civil Defense Room.
PRESENT: Mayor Castleberry; Mayor Pro Tem Hopkins; Council
Members Chew, Perry, Smith and Trent.
ABSENT: Council Member Alexander
{
1. The Council convened into the Executive Session to
discuss legal matters, real estate (held a discussion regarding
the acquisition of easements at Loop 288 and Sherman and
Hartlee Field and Sherman), and personnel/board appointments
(considered appointment of alternates to the sign Board of
Appeals).
2, The Council considered a citizen request from Carl
Williams for the use of Fred Moore Park for a voter
registration and membership drive and fund raising activities,
(The Parks and Recreation Board recommended approval)
Mr. Williams was not at the meeting.
Bob Tickner, Superintendent of Parks, stated that Mr. Williams
had made a request to the Park Board for the use of Fred Moore
Park. The ordinance specified that if sales were to De in a
city park, a request had to be made to the Park Board and then
be forwarded to the Council. A request had been made to use
Fred Moore Park and any associated fees be waived. The Park
Board recommended approval.
Perry motioned, Chew seconded to approve the request. on roll
vote, Trent "aye," Hopkins "aye," smith "aye," Chew "aye,"
Perry "aye," and mayor Castleberry "aye." Motion carried
unanimously.
3. The Council received a report and held a discussion
regarding a sanitary sewer complaint at 2401 Robinwood.
Howard Martin, Director of Environmental Operations and
Financial Administration, stated that he had observed
irrigation water coming down the curb on the site. The water
went into the storm box and there immediately was an odor. The
smell was similar to a dead animal so a crew went through the
storm drain. A dead squirrel, bird and another animal was
found in the drain box. That was all cleaned out and after
that there was approximately a three inch rain which would have
flushed the system. The debris was located between the storm
box to the first manhole. The rest of the storm drain was
clear down to Glenwood. Three monitoring wells were installed
to investigate the sanitary sewer complaint. Two of the wells
were right next to the storm drain flume, one on the back
corner of the Harp's slab and the other on the front corner.
msst4rM
City of Denton City Council Minutes
August 1.31 1991
Page 2
The third well was on the opposite property boundary, The
wells were two inch casings, ten feet deep. The casings were
slotted on the bottom which would allow any ground water to
seek its own level within the monitoring well. This would I
allow an assessment of the ground water characteristics and try
to assess if there was any significant amount of wastewater
being contributed as a result of a leak in the storm sewer into
the monitoring wells. The sanitary sewer line followed the
drainage flume and was located approximately 20 inches
underneath the base of the drainage flume. The monitoring
wells were right next to the drainage flume in between the
foundation of the Harp's house and the sanitary sewer. T he
idea being that any contribution from the sanitary sewer would
be evident of the ground water. Sampling results were
presented and were included in the agenda back-up materials.
The ground water table was relatively shallow in the area, The
ground water table was approximately within four feet of the
top of the well casing and was consistent in all of the wells,
That indicated that underneath the Harp house was a very
substantial ground water table. There was standing water along
the curb and in the drainage flume which indicated that the
ground water did reach the level of the surface and did flow
over the curb into the drainage flume. As long as the ground
water table was lower than the sanitary sewer liner any
i contribution from the sewer line would flow downward and
percolate into the ground water table. The monitoring wells
included five areas of study - alkalinity, pH, irony
f conductance, and fecal coliform. There would be an increase in
alkalinity, pH and conductivity if there were a sanitary sewer
problem. Fecal coliform would be evident. The well on thy:
other side of the property was a control well. That well would
be expected to be uninfluenced by any kind of leakage from the
sanitary sewer. There was no substantial increase in pH,
alkalinity, or conductivity, As the monitoring continued over
the summer, all of the wells decreased in alkalinity, pH and
conductivity. If there were a contribution of sanitary sewer,
it would be expected that the tests of the wells near the
sanitary sewer line would increase and not decrease as they
evidence the monitoring was data accumulated Csignificantu contributhere
tion
did. was no Based
from the sanitary sewer to the ground water, The Harps still
complained of an odor along the drainage easement.
Council Member Trent asked where other houses were located in
proximity to the Harp house.
Martin replied that there were houses on all corners.
Council Member Trent asked if any of the neighbors to the north
had been contacted regarding the odors.
City of Denton City Council Minutes
August 13, 1991
Page 3
Martin replied yes arv. they could not give a confirmation to
him regarding odors.
Mrs, Harp stated that two other neighbors has complained about
the smells.
Mayor Castleberry stated that if the drain were replaced, it
would not be the answer to the problem.
Martin replied that the sanitary sewer line was not
contributing to the odors,
Council Member Perry stated that the test results indicated
that there was no way fecal coli€orm was causing the odors.
Martin replied that it was not in the wells,
I Council Member Trent asked about the possibility of animals
which might reside to the south or in any direction from the
Harps which might be contributing to the odors.
Martin replied that the Harps did not believe that was the
problem.
tor. Harp stated that they had submitted to the Council a
petition signed by nine residents who had noticed the odors.
City Manager Harrell asked for the cost to replace the sewer +
line,
Bob Nelson, Executive Director for Utilities, stated that an
estimate would be $J.7,000 - $301000.
Council Member Smith asked the time of day when the odor was
noticed.
Mrs. Harp replied it was during peak load time such as 7.00
a.m. - 9;00 a.m. and late in the evenings.
Council Member Smith asked how long it had been since the drain
had been cleaned out.
Martin replied approximately three weeks ago.
Council Member Trent asked how many man hours and/or money has
been spent working on this problem.
Nelson replied approximately $3,000 in labor and tests.
Martin stated that the installation of the wells alone was
$1,000 plus each sampling period required approximately 95
minutes of testing by two individuals.
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City of Denton City Council Minutes
August 13, 1991
Page 4
Council Member Trent stated that much time and expense had been
spent to try and solve the problem. The tests were hard data
and showed that there was no sewer problem.
Mrs, Harp stated that perhaps the tests were incorrect. They
could see the sewage bubbling up and their foundation was
crumbling and cracking.
Council Member Trent replied that that sounded like a grouna
water problem.
Mrs. Harp stated that the ground water was riot on the other
side of the house, just on that side.
Council Member Smith asked if the level in well, three was the
same as the other wells.
Martin replied that there were similar levels on both sides of
the house.
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Mr. Harp asked Martin if he had reviewed the film taken of the
sewer line.
Martin replied that he had not personally reviewed the film.
i
j Mr. Harp asked Martin if he admitted by talking with that
department, that. there were sewage leaks.
Martin replied yes, in talking to them, there were several
places where there was root intrusion in the joints.
City Manager Harrell indicated that it would be expected to
find those due to the age of the system. There was no
significant leakage from the sewer line to cause the odor.
Council Member Trent stated that he felt good abovf. the effort
done by the staff to determine what was the problem.
Consensus of the Council was tl~ do no further testing in the
area.
4. Budget Presentations
City Manager Harrell presented council with a human services
survey requested by council at an earlier meeting. (This
survey was attached to the agenda back-up.)
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City of Denton City Council Minutes
August 13, 1991
Page 5
Jerry Clark, City Engineer, presented the Engineering and
Transportation budget. He reviewed major projects for each of
his divisions, In the Engineering Division, two Eng!.neerrng
Tech II positions and one Engineering Tech I position was being
Y deleted. Those were vacant positions and no personnel were
being laid off, There was an increase in services of $51UUU
for materials testing. Transportation Engineering did not have
any changes except for the funding of $5,107 for a new bucket
truck. Street Patching included $1,31272 for a pavement
patching machine and $37,022 for the transfer of an Engineering
Tech II from the Engineering Division.
Council Member Trent stated that there were no new additional
1 personnel in this Division.
I Clark replied that in order to avoid firing an individual due
to workload, an employee was being transferred to this
Division, The employee used to work for a contractor and was
qualified to operate the machinery in the Street Patching
Division. The Street Construction Division included a
j replacement of a truck to spray drainage ditches. street
Lighting had no change in the current funding of electricity
for street lighting and traffic signals for the 1991-91 budget.
The Legal Department budget was presented by City Attorney
Drayovitch. She stated that there were no new positions in the
Department and that the budget was a continuation of the
previous year's budget. The proposed budget included $185 for
books, $514 for a file cabinet, and $416 for computer
maintenance.
Council Member Trent asked if there was anything the council
could do to help with the collection of hot checks.
Drayovitch replied that she was currently preparing a report on
that item for Council.
Lee Allison, Director of Water Engineering and operations,
presented the budget process used in the Water Production
budget. He stated that the budget process was started by
preparing a forecast. They looked at their systems analysis,
operations analysis and regulatory analysis. All of those went
into developing the Capital Improvement Plan and was carried
into the budget, In the process of the budget, it was
necessary to know the number of personnel needed, the number
and types of tools seeded, the types and the amount of chemical
required. The proposed budget was reviewed with staff, the
Executive Director for Utilities, the Public Utilities Board
and then presented to Council in the budget document.
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City of Denton City Council Minutes
August 13, 1991
Page 6
Allison then presented the Water Department budget, He stated
that Lhe NY92 budget was 7.28 greater than the PY91 budget.
Personnel changes included adding orie new position through a
realignment. A water treatment plant supervisor was being
added with a foreman position being left vacant. Two half-time
work study laboratory students would be included.
Council Member Trent asked if the foreman position was being
upgraded to a plant supervisor.
j
Allison replied yes.
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Council Member Trent asked if the foreman position was beiny
eliminated.
Allison replied no that it would remain vacant.
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Council Member Trent asked if it would be left open with the
possibility of filling the position.
i
Allison replied that it would not be filled during the next
year. It would be an unbudgeted position.
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Council Member Trent asked that if it were unbudgeted, why was
it not removed from the budget.
Nelson replied that the money would be there for the position,
there just would not be anyone put in that position.
I
Council Member Trent asked if the position was not going to be
filled, why not take it out.
Nelson replied that if it were taken out, then the position was
gone and it was very hard to reestablish the position. Within
another year, that position may be necessary.
Council Member 'T'rent felt that if the position was not going to
be filled, then the position should not be budgeted for for the
next year.
Allison replied that in the past, it was very difficult to
reestablish a position once it had been removed. With the
coming of the new Lake Ray Roberts plant and the Hartlee
Booster plant, the position would be needed for the future.
Mayor Castleberry stated that the position would not be filled
when the position had been budgeted for.
Council Member Trent felt that over a period of a year, there
would be approximately $75,000 budgeted for a position, with no
one in that position. How was the money accounted for.
City of Denton City Council Minutes
August i31 1991
Page 7
Nelson replied that the money would end up as surplus money at
the end of the fiscal year.
Council member Trent stated that in that case, the Council
would not have to come up with $75,000 this year to meet a
position that would not be filled.
Council Member Perry stated that he saw the advantage of the
flexibility,
Council Member Trent stated that he did not want to take away
the flexibility. He felt that money was being taken from this
year's budget to put against a position which would not be
filled and would not be used.
Mayor Pro Tem Hopkins asked if that was figured into the rate
structure. It was listed as an expense and yet would not be an
expense for twelve months.
Allison stated that there seemed to be a misunderstanding
regarding the position, There were zero dollars budgeted for
that position but the position remained on the organizational
chart,
Mayor Pro Tem Hopkins asked if there were zero dollars
reflected in the proposed budget for that position.
Allison replied correct but that the position still showed on
the organizational chart.
Mayor Castleberry stated that there was no money in t,ie budget
for that position,
Allison replied correct. There was no money in the budget for
that position,
Mayor Castleberry asked for a report on that position regardiny
whether or not dollars had been budgeted for that position.
Allison continued that major budget projects with current
revenues included replacement of water mains ($7771000),
developmental plan lines ($250,000), paint water tower
($200,000), abandon water wells ($90,000) and debt repayment to
the Electric Department,
Council Member Trent questioned the cost of painting the water
tower.
Allison replied that part of the cost was due to the multicolor
painting of the tower.
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City of Denton city council Minutes
August 13, 1991
Page 8
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Council Member Trent asked why then was it being painted three
colors.
Allison replied that that was the current colors and it was
just being redone.
Nielson stated that it probably cost $30,000 to have the tower
painted three colors.
Council suggested changing to a one color tower and asked staff
to pursue that suggestion.
Allison stated that major capital improvement program projects
with bond funds included a booster station and system tie-it)
($315231000), 2MGD elevated storage tank ($113011000) and water
line upgrade ($581,000). Cost reduction actions included
making greater use of temporary positions to avoid new
F positions, transfer of the hydro electric facilities to the
Electric Department which shifted ROI costs ($70,UOO) to the
Electric Department, and manage certain vacant positions. A
proposed rate increase was 11.77%.
The wastewater budget was presented by Howard Martin, Director
of Environmental operations and Financial Administration, he
stated that the proposed budget was 7.3% greater than the FY 91
budget. Personnel changes included the addition of two
pretreatment program inspectors, one which would be a permanent
position and one which would be temporary. An upgrade of a
shift operator position at the treatment plant was necessary
due to regulatory requirements. Major budget projects with
current revenue included the replacement/renovation of
collection lines ($310,000) and a primary digester cleaning
project ($100,000). Major capital improvement program projects
with bond funds included the construction of plant improvements
to provide nitrification, dechlorination, flow equalization and
Mudge treatment facilities, ($3,630,000), collection system
upgrade ($670,000) and development plan lines, ($250,000),
Other regulatory programs with current revenue included
biomonitoring ($26,000), sludge field soil monitoring
($19,000), and stormwater permitting of the City's industrial
activities ($22,000). Major cost reduction actions included
the cutting of replacement/renovation of collection lines
($100000), the transfer of the hydroelectric facilities to
the Electric Department ($90,000), deferring repayment of a
debt to the Electric Department ($1110000) and moving
development plan lines from revenue to bond funds ($250,000).
The projected rate increase for wastewater was 15,016.
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City of Denton City Council Minutes
August 13, 1991
Page 9
Mayor Pro Tem Hopkins asked if this Department paid Upper
Trinity Regional Water District funds.
'lartin replied yes that those costs were divided between Water
and Wastewater Administration.
Mayor Pro Tem Hopkins asked why the services budget had such a
great increase,
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Martin replied that the services category included $15,000 for
a apace study which was also in the Water budget, $15,000 for
economic development which was also in the Water budget plus
the management study.
Mayor Castleberry asked about personnel in that Department.
Martin replied that there were no new personnel other than the
positions he mentioned earlior.
Nelson presented the wastewater rates. He stated that in the
residential category there was a proposed 14.89$ increase.
Regular commercial, pretreatment, etc. would have a proposed
16,35% increase, Commercial eating places would have a 20,38%
increase; commercial equipment services, a 20,36% increase;
j government, a 22.15% increase; industrial water, a 11.07%
increase and wholesale, a 0% increase. Total system increase'
was 15,01%.
City Manger Harrell stated that there was some degree of
flexibility when dealing with the water rates. Those could be
lowered more if the Council desired but the sewer rates did not
have that flexibility as there were EPA guidelines which hid to
be met.
Ernie Tullos presented the Electric Department budget, The
proposed budget was less than the current budget. Production
power was less due to depressed natural gas prices, Purchased
power, which was 80% of the budget, was the risk associated
with the estimate of natural gas price/TMPA demand charge. The
budget included a $2 million rebate from TMPA which may not
occur,
Nelson stated that as TMPA's revenues and capital projects
developed, there was the possibility that unforeseen projects
might arise which could be quite costly such as redoing a
boiler unit, Those fluctuations could cause the rates to rise
and fall according to the projects. The Planning and operating
Committee tried to stabilize those items and established the
rate stabilization fund. Currently there was $30 million worth
of excess in tha fund. Part of that money would be used for a
new administration building and $1.6 million was used for the
end of the 1991 fiscal year to level it out, There was
approximately $9 million left over and the city would receive
approximately 22% of that or $2,045,000, 114PA wanted to keep
most of the reserve in a special fund and return any funds over
$8 million in that reserve,
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City of Denton City Council Minutes
August 13, 1991
Page 10
Tullos continued that personnel changes included adding one
position, a planning engineer, and deleting two positions,
electric distrioution foreman and special projects manager.
Major budget projects with current revenues included consulting
services for power plant improvements, overhead to underground
conversion, economic feeder conductor replacement, customer
load management program, customer incentives, tree trimming,
and tree power program. Major capital improvement program
projects with bond funds included new service facility, Arco
substation, purchase of electric facilities, and street lights
arterial. Other significant items included hydro electric
generators at Lewisville and Ray Roberts Lakes which would
provide 20 GWH of energy, Lower natural gas costs would enable
a decrease in ECA rate from $.019 to $.017 cents which
represented a 3% decrease in customer charges for electricity.
Council Member Trent stated that there were 11 vacancies in the
Electric Department, Were dollars in the budget for those
positions.
Nelson replied yes the positions were budgeted for but the
positions would remain vacant. While construction projects
were currently down, the Department needed the flexibility to
hire new employees in there would be an increase in
construction,
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Council Member Trent did not agree with the philosophy of
budgeting dollars for positions which would not be filled. He
asked staff to look at the budgeted dollars for positions not
to be filled which included approximately 23 positions.
Mayor Pro Tom Hopkins felt that this issue was a policy
decision. Staff needed to prepare the positives and negatives
on this issue for later discussion.
Richard Foster, Public Information Coordinator, presented the
Tree Power Program which was a program initiated by the
American Public Power Association. The goal of the program was
for the nation-wide public power systems to plant a tree for
every public power customer. The program would cover a five
year period and would plant about 5,000 trees a year over the
next five years, Cost of the program was approximately $85,000
for the trees and $15,000 for educational/promotional materials
for a total of $1000000.
Bill Angelo, Director of Community Services, presented the
solid waste budget. He stated that the proposed budget was 6%
greater than the FY91 budget. Personnel changes included
adding two driver positions for commercial collection due to
the sole provider status and adding two temporary laborer
positions for residential collection due to conversion to rear
load vehicles.
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City of Denton City Council Minutes
August 123, 1991
Page 11
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Major budget programs included becoming the sole provider of
commercial solid waste collection services and the curbside
recycling program with a decision needing to be made whether to
continue the pilot program or go to a city-wide program.
Projected rate increase was 158 in the landfill disposal rate
for outside users only,
Angelo presented the Fleet Services budget. This budget was
financed by the working capital/motor pool fund, The proposed
FY92 budget was 9,38
programs included greater than the FX91 budget. Major
the cost of fuel garage
and esubaet t increases
hineu3sh o0 due et
decreases of $8,000 and garage and shop rates would remain gat
$34 and $30 per hour respectively.
The Drainage budget was also presented by Angelo, He stated
that this budget was financed by the General Fund and was
proposed to be 78 less than the FY91 budget. Major budget
items included a major reduction in services budget and overall
reductions ($291000) which would affect contract sweeping,
underground pipe installation and channel reshaping, spraying
and cleaning,
Council Member Trent asked what the effect would be on the
Utility operating budget if it had to operate within the same
structure as last year.
Gary Collins, Director of Information Services
Information Services budget. He stated that prthentbudget
included administration and word processing. There was an 8.18
Increase in the FY92 budget over the PY91 budget, The proposed
budget reflected $23,962 for a new laser
printer service user departments. The word processing and supplies
included $2,000 for a new. perma-binding machine. rocessin9 budget
Harlan ,Jefferson, Treasurer, presented the Treasury budget. He
stated that the proposed budget was the same service level as
1991. The proposed budget was down from last year due to the
fact that services were decreasing as they were being moved to
a miscellaneous non-department category,
Jefferson continued with the Tax budget. No major changes to
current service levels of this Division had been proposed, tie
stated that more notices would be sent next year for tax
payments. Jefferson stated that this department collected the
hotel/motel occupancy tax for the City,
City Manger Harrell stated that the new contracts with the five
agencies allowed for a lower percentage in order to begin a
small reserve fund for special projects in future years.
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City of Denton City Council Minutes
August 13, 1991
Page 12
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Jefferson stated that the Municipal Court budget had been
picked for demonstration of the budget process. He stated that
the budget began with a target base budget which was based on
the current year's budget. The target base budget was the
current year's budget minus fixed assets and personal
services. Personal services were added in with supplies,
maintenance, etc, to equal the total target budget, The total
target budget plus any supplemental packages equaled the
proposed budget. This proposed budget then went to the
Executive Committee which studied it line by line.
Denise Harpool presented the Purchasing/Warehouse budget, she
stated that the proposed budget included $4,715 for
administrative cost related to computerized purchasing system
and $1,564 for a new printer. The warehouse budget did not
have any major changes to current service levels for 1991-92.
Kathy DuBose, Controller, presented the Accounting budget. she
stated that the proposed budget reflected a $2,600 reduction
for printing supplies and services which would now be performed
by Information Services Administration.
i
DuBose also presented miscellaneous budget information.
3 Contributionu to Outside Agencies would be held the same level
as last year. She also presented miscellaneous expense and {
contribution to other agencies. These categories were listed
on pages 253-256 of the proposed budget.
5. The Council continued a discussion regarding a joint
ownership contract between the City of Denton and the Upper
Trinity Regional Water District relating to the Ray Roberts
Water Treatment Plant and gave staff direction.
Bob Nelson, Executive Director of utilities, stated that there
were four options to consider regarding a joint ownership
contract with the Upper Trinity Regional Water District. Those
options included (1) a fully involved joint ownership, (2) a
limited joint ownership with a wholesale contract, (3) a
wholesale contract only, and (4) do nothing with the Upper
Trinity, The fully involved joint ownership would develop a
contract under that basis which would build a water plant with
Denton having a 49% share in the plant and the Upper Trinity
having a 49% share with another 198 option, This would give
the Upper Trinity a 688 share of the plant and a possible
controlling interest in the plant. A Construction and
Operating Committee would oversee the activities of the plant.
The budget process would involve a review from the Construction
and Operating committee which would forward it to the Upper
Trinity and the Denton Ci.:y Council. There was always the risk
that the Upper Trinity might deny the budget which would
possibly affect Denton's budget process.
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City of Denton City Council Minutes
August 13, 1991
Page 13
The limited joint ownership with a wholesale contract would
remove the 19% and there would simply be a wholesale contract
which would sell the Upper Trinity water at a given price for
as many years as they wanted it. The limited joint ownership
would have Denton building and owning the water plant, The 1
Upper Trinity could purchase 49% of the plant but Denton would
retain control of the plant. There would be a Review Committee
which would look at the project to keep the project in line, A
L problem could arise in that the Upper Trinity might need water
before Denton did and Denton might not be ready to build a new
plant when the Upper Trinity needed more water, Benton would
not be obligated to build the plant. This option would put the
Upper Trinity in the role of having to work with some of the
other communities to get a partnership in other water plants in
the County,
f The wholesale contract only would initially sell water from the
{ existing plant. When necessary a new plant would be built. A
6% return on investment would be done on a case-by-case basis
by the Water Commission. A wholesale contract would mean
sharing 23-24% of Denton's existing water plant with
surrounding cities,
i
Nelson compared the costs of the options. If Denton aid
nothing and built a new plant, $1.9 million would have to be ¢
added to the budget. The wholesale option, sharing the
existing plant and the new plant, would cost approximately
$1,4-1.5 million. Full partnership would cost only
fly approximately $745,000 which would be a
savings of $1,1
million, The limited wholesale contract would be between the
full joint and wholesale contracts.
Mayor Pro Tem Hopkins felt that some of the staff felt that
Denton had a moral obligation to go forward with a joint
contract, she did not feel that way and felt that the Council
needed to be obligated to the city of Denton taxpayers, she
wanted to see what the Austin attorneys would say regarding a
limited joint contract, she did not want to be forced to build
a new plant before Denton needed it, A contract needed to be
drafted from Denton's standpoint. She felt the law firm should
be retained to determine the pros and cons of a con~;ract,
Council Member Trent felt that the Upper Trinity should retain
the law firm to work with the City of Denton.
Mayor Castleberry felt that the negatives outweighed the
positives. He was in favcr of doing nothing and could not see
retaining a law firm.
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City of Denton City Council Minutes
August 13, 1991
Page 14
Nelson asked if the Council would be interested in a wholesale
contract.
Mayor Castleberry replied he would be interested in such a
contract.
Council Member Chew did not want to go with a joint contract
and would consider a wholesale contract.
Nelson stated that once a customer was signed on as a wtolesale
customer, the City would be obligated to them.
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Debra Drayovitch, City Attorney, stated that a limited joint
ownership contract could be explored with the Upper Trinity
having 49% and Denton having 51% of a lU MGD plant. Denton
would be in total control of the plant.
City Manager Harrell suggested exploring with the Upper Trinity
the possibility of a wholesale contract and if the Upper
Trinity were interested, hire the Austin attorney.
E Consensus of the Council was to not pursue a full or limited
joint ownership contract. A wholesale contract might be
j considered with conditions or do nothing with the Upper Trinity.
6. The council considered adoption of an ordinance j
retaining the lawfirm of Lloyd, Gosselink, Fowler, slevins and
Mathews, P.C. to represent the City of Denton in connection
with the City's construction of the Ray Roberts Water Treatment
Plant.
Perry motioned, chew seconded to table the ordinance. on roll
vote, Trent "aye," Hopkins "aye," smith "aye," Chew "aye,"
Perry "aye," and Mayor Castleberry "aye." Motion carried
unanimously.
Mayor Pro Tem Hopkins asked that a letter or phone call be made
to the firm relaying the reasons the council decided not to
pursue the contract.
7. The Council considered adoption of an ordinance
abandoning and vacating a portion of Mayhill Road located
between Highway 35 East and the Union Pacific Railroad tracks
(formally known as the V K.T.) as a public street, reserving a
utility easement therein. (The Planning and zoning commission
recommended approval.)
Rick svehla, Deputy City Manager, stated that this ordinance as
well as the next three ordinances would abandon three tracts of
land and receive dedications for the existing Mayhill Road.
Y City of Denton City Council Minutes
August 13, 1991
Page 15
The following ordinance was considered:
NO. 91-122
AN ORDINANCE OF THE CITY Oe DLN`NN, TEXAS, ABANDONING
AND VACATING A PORTION OF b1AYHILL ROAD LOCATED BETWEEN
1NTERS"ATE HIGHWAY 35 EAST AND THE UNION PACIFIC
' RAILROAD TRACKS (FORMALLY KNOWN AS THE M.K.T.) AS N.
PUBLIC STRELTi RESERVI14G A UTILITY EASEMENT THEREIN
AND DECLARING AN EFFECTIVE DATE,
Trent motioned, Chew seconded to a-lopt the ordinance, On roll
vote, Trent "aye," Hopkins "aye," Smith "aye," Chew "aye,"
Perry "aye," and Mayor Castleberry "aye," Motion carried
unanimously.
8. The Council considered adoption of an ordinance
accepting the dedication of 0.6 acres of land by the Federal
Deposit Insurance corporation for street and utility purposes.
(The Planning and zoning commission recommended approval,)
` The following ordinance was considered:
NO, 91-123
AN ORDINANCE ACCEPTING THE DEDICATION OF 0.6 ACRES OF
LAND BY THE FEDERAL DEPOSIT INSURANCE CORPORATION FOR
STREET AND UTILITY PURPOSES; AND DECLARING AN
EFFECTIVE DATE.
Trent motioned, Chew seconded to adopt the ordinance. On roll
vote, Trent "aye," Hopkins "aye," Smith "aye," Chew "aye,"
Perry "aye," and mayor Castleberry "aye." Motion carried
unanimously,
9. The council considered adoption of an ordinance
accepting the dedication of 0.4 acres of land by Andrew
Corporation for street and utility purposes. (The Planning and
zoning Commission recommended approval.)
The following ordinance was considered:
NO. 91-124
AN ORDINANCE ACCEPTING THE DEDICATION OF 0.4 ACRES OF
LAND BY ANDREW CORPORATION FOR STREET AND UTILITY
PURPOSES? AND DECLARING AN EFFECTIVE DATE.
Trent motioned, Chew seconded to adopt the ordinance, On roll
vote, Trent "aye," Hopkins "aye," Smith "aye," Chew "aye,"
Perry "aye," and Mayor Castleberry "aye." Motion carried
unanimously.
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City of Denton City Council Minutes
August 13, 1991
Page 16
10. The council considered adoption of an ordinance
accepting the dedication by Mayhill Road Realty Company of ,081
acres of land for street and utility purposes, (The Planning
and Zoning Commission recommended approval.)
The following ordinance was considered:
N0. 91-125
AN ORDINANCE ACCEPTING THE DEDICATION BY MAYHILL ROAU
REALTY COMPANY OF ,082 ACRES OF LAND FOR STREET AND
UTILITY PURPOSES) AND DECLARING AN EFFECTIVE DATE.
Trent motioned, Chew seconded to adopt the ordinance. On roll
vote, Trent "aye," Hopkins "aye," Smith "aye," Chew "aye,"
Perry "aye," and Mayor Castleberry "aye." Motion carried
unanimously.
11. The Council convened into the Executive Session to
discuss legal matters, real estate (held a discussion regarding
the acquisition of easements at Loop 288 and Sherman and
Hartlee Field and Sherman), and personnel/board appointments
(considered appointment of alternates to the Sign Board of
Appeals).
No official action was taken.
j With no further business, the meeting was adjourned.
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BOB CASTLEBERRY, MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
3433C
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CITY OF DENTON CITY COUNCIL MINUTES
August 20, 1991
The Council convened into the Work Session at 5:15 p•m. in the
Civil Defense Room. ~ May PRESENT: MembersaAlexander, Chew, Perry,eSmithkand,TrentcTl
Mayo
•
ABSENT: None
1. The Council convened into the Executive Session to
discuss legal mattars (held a discussion regarding the
collection of Judgment in Martin v City of Denton and
considered litigation against, the State of Texas regarding
redistricting), real estate and personnel/board appointments
the Zoning Sign Boa rd of
(considered appointment of alternates
Appeals, and considered appointments Task Foce.)
i,
The Council held a discussion and identified potential
2.
1991-92 budget additions or reductions for further analysis,
Lloyd Harrell, City Manager, presented the proposed schedule
for the budget disc-ssions, The current meeting would review
E mayor policy issues and solicit potential pluses or minuses for
the 1991-92 budget, Fullowing the public hr-ring an thi budget
f at the August 27 meeting, Council world continue with
discussion and possibly make tentative decisions regarding f
I certain items. September 10 meeting would be devoted entirely
to budget discussion with a review of deferred items wand a
ould
reconsideration of other options, Final budget approval
be on September 17.
Harrell listed the major policy matters for the 1991-92 budget:
11 Major budget issues (23)
2, Cover the $310,000 shortfall
- supplement increases $140,000
- health insurance adjustment 84,000
18ry,00A
- $.01 tax increase 80,000
- Sales Tax - +1%x(38 total) 52,000
+2% (4t total) 104,000
- Flow Hospital 22,000
- Reduce Contingency Reserve 25,000
30,000
3, Water tower painting (one color)
4, Remove Utility vacant positions
5. No rate increase in utilities
Salary adjustments effective 10/1/91 169,190
6.
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City of Denton city Council Minutes
August 20, 1991
Page 2
Harrell asked the council for other additions they would like
to discuss regarding the budget.
i
Council Member Chew suggested a reduction in the demolition
expense. Remove the extra $15,000 from the budget,
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Council Member Alexander suggested other alternatives for
maintaining City facilities. He would like to attack the
problem more aggressively than already listed.
Council Member Perry wanted to see a reduction in demolition, a
policy regarding public safety and high-tech computer equipment
for the Fire and Police Departments, and the possibility of
expanding the computerization of the library specifically the
card catalog.
Council Member Smith questioned if the reserve fund could be
reduced further rather than a tax increase.
Mayor Pro Tem Hopkins stated that most of her items of concern
were in the ma}or budget issues. She also wanted to look at
departments affected by non-growth in Denton such as building
related positions, She did not want those vacant staff
positions added or kept in the budget.
Council Member Trent suggested looking at the hiring of
temporaries during the year. Ho suggested cutting down on the
number of temporaries hired,
Mayor Pro Tem Hopkins asked that staff look at overtime figures.
Mayor Castleberry asked staff to look at the any possible
surplus from the current budget which could be carried over to
the next year's budget and the travel/seminar policy as it
specifically related to parking at the DFW Airport.
Council Member Trent asked that staff look at the recreation
programs. He would like to see the programe more
self-supporting in the range of Got. He suggested the tennis
program be more on a free enterprise system as other cities had.
Council Member Perry stated that he would like to keep in mind
that while the issue of balancing the budget was important,
other policy issues such as quality, safety, and fairness
remained and needed to be addressed.
Council Member Smith asked for the rationalization between the
proposed budget summary revenue figure and the total budget
expenditures.
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City of Denton City Council Minutes
August 20, 1991
Page 3
3, The Council received a report, held a discussion and
gave staff direction regarding the Utility Department's
sponsorship of an APPA deed scholarship application for Claudia
j Heinrich of the University of North Texas.
Bob Nelson, Executive Director for Utilities, stated that as a
member of APPA's Deed Program, Denton Municipal Utilities was
eligible to submit and sponsor scholarships for students
working on projects that had implications for public
utilities. Claudia Heinrich's project involved research and
development of a submicron pyramid antenna which would convert
solar energy directly to electrical energy. The project did
i not involve the use of utility department funds. The City
would be involved with the distribution of funds to Ms,
Heinrich and monitor her progress.
Consensus of the Council was to pror,eed with the program,
4. The Council received a report, held a discussion and
gave staff direction regarding the Utility Department's
sponsorship of an APPA deed grant application for Dr. A. G.
Parlos and Dr, A. D, Patton of Texas A & M University.
Utility Director Nelson stated that this was a similar program
except that this was a grant instead of a scholarship. The
City of Bryan had been working with the program and wanted to
sponsor it but found out that they had not been contributing to
the Deed Program. The City would not have any obligations with
the grant.
Consensus of the council was to proceed with the program.
Bob Nelson, Executive Director for Utilities, updated the
Council on TMPA. He stated that the TMPA Board had not made a
decision on whether to retain the excess funds or to rebate
them back to the cities. The theory behind the TMPA
organization was that rates would be established in order to
cover the annual system cost such as debt service and operating
costs. If there were excess revenue, that would be programmed
into the next year's revenues for the agency or rebate back to
the cities, As TMPA developed, there were years when
II additional expenditures were expected and years when there were
no additional expenditures so that a rate stabilization program
was established. Rates were developed at one level, collected
rates for a couple years and when an additional expenditure was
necessary, money was taken out of the reserve instead of having
to raise rates, The fund had grown over the years to
approximately $14 million. The main issue was did TMPA need
reserves or should that money be returned to the cities. TMPA
felt it needed the reserve for possible catastrophic failure,
The cities felt that TMPA did not need reserve for that reason
as there was $12 million in a construction fund for any
reserves.
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City of Denton City Council Minutes
August 20, 1991
Page 4
Council Member Alexander asked if there would be a need to keep
a minimum amount of, money in reserve in order to maintain bond
ratings.
Nelson ropl.ied that TMPA had the full faith and credit of the
four cities and a guaranteed payment from four cities.
Mayor Pro Tam Hopkins asked how TMPA justified the reserve fund.
Nelson replied that TMPA would like to set aside the money as a
cash reserve for emergencies. Once the fund was approximately
$B million, anything over that $d million would be refunded to
the cities.
Council Member Perry asked if the agency could operate without
any reserve.
Nelson replied that they did not need a lot of working capital.
F Discussion of the issue continued during the Regular Session
with the Cityle TMPA Board members.
The council convened into the Regular Session at 7:00 p•m, in
the Council Chambers.
1 PRESENT: Mayor Castleberry; Mayor Pro Tam Hopkins; Council.
Members Alexander, Chew, Perry, Smith and Trent.
I
ABSENT: None
1, Pledge of Allegiance
The Council and members of the audience recited the Pledge of
Allegiance.
2, The Council considered approval of the minutes of the
regular meeting of July 16, 1991.
Trent motioned, Hopkins seconded to approve the minutes as
presented, On roll vote, Trent "aye," Alexander "aye," Hopkins
"aye," Smith "aye," Chew "aye, It Perry "aye, 11 and Mayor
Castleberry "aye." Motion carried unanimously.
3. The council presented Yard of the Month/Xeriscape
Yards Awards from the Beautification Commission and the Texas
Agricultural Extension Service--Denton County.
The Mayor presented the following awards:
The Church of Jesus Christ of Latter Day Saints
Robert Sandlin
John and Betty Andrews
Susan and Budd Mitchell
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City of Denton City Council Minutes
August 20, 1991
Page 5
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4. Citizen Reports
A. The Council was to have received a citizen report
from Carl Young regarding problems with Fred Moore Park and
problems within the neighbo;:hood.
This item was not considered at the raquest of the citizen.
B. The Council received an update from Tom Harpool
and Ray Stephens regarding TMPA matters.
Ray Stephens stated that the Agency had several different
funds. The self-insurance fund was for indemnity, liability,
and property loss. The construction reserve fund was for
future projects, the emergency fund was for unexpected events
that were not Covered in the budget. The rate stabilization
fund varied depending on outstanding expenditures. At the end
of the fiscal year last year, the fund had $8.8 million. On
February 1991, the figure was $10.5 million and presently was
at $9.7 million. The fund, made up of excess money, was to be
1 used to avoid spikes in the bills to the cities. It was to be
used in case of some outstanding emergency. The question was
how much was enough or too much. Reserves were needed but how
much reserve was the right amount, A final decision had not
been made yet. The Board members had asked the General Manager
I for various scenarios for refunding a portion of the money too
the cities and leaving the remainder in the fund.
i
Tom Harpool stated that he would respond to any questions the
Council had regarding the issue. There was the issue of
whether it would be in the overall best interest of the Agency
to refund all of the money at one time or on a divided program,
Council Member Chew stated that he was comfortable returning
the money to the cities. He would like the City Board members
to reflect this sentiment to the other TMPA Board members. He
asked if the insurance fund could be used as a reserve fund.
Stephens replied that that fund was for property lose and not
for replacement items. If all the money were returned now and
a disaster occurred, a bond sale might have to be done which
would take time and sometimes money was needed immediately, If
all the money were returned now, inflation and ordinary demands
might require a raise in rates sooner than if there was a
reserve fund.
Council Member Trent agreed with Council Member Chew to refund
the money now.
1
City of Denton city council minutes
August 20, 1991
page 6
y, Public Hearing
A. The council held a public hearing and considered
adoption of an ordinance rezoning a 413 acre tract of land
from "2F" Two Family District to "PD" Planned Development
District and approved a detailed plan on property located on
the east side of Carroll Boulevard between Maple and Pacific
streets for the purpose of a professional office building,
Z-91-•011 (The Planning and Zoning Commission recommended
approval 7-0 at its July 24, 1991 meeting.)
Frank Robbins, Executive Director for Planning, stated that the
request was to rezone 413 acres from two family to planned
development and to approve a detailed site plan for the
building of an office building. The site was located in the
application
Downtown Urban Center. In 1986 a similar zoning j was made to change the zoning from two family to planned
development. That plan was denied. A major difference between
( the plan presented in 1986 and the current plan, was that there
I was a landscape ordinance which must be followed. There would
be a three foot high living screen along the property lines of
k Pacific and Maple to screen the cars in the parking lot. There
! would be thicker screening on the Carroll Blvd. side and large
trees on the southern end of the tract which would further
screen the building. The applicant was not proposing any curb
cuts on Carroll. All ingress and egress would occur on one
` approach on Maple. The applicant had visited with the f
residents in the immediate vicinity and it appeared that the
applicant had designed the site in such a manner as to provide
sensitivity to the neighbors. The request complied with the
i policies of the Denton Development Plan,
The Mayor opened the public hearing.
Dale Irwin, the applicant, requested the zoning change from two
family to planned development. A two story office building
would be built on the site. The building would meet all
set-back requirements with entrance/exit on Maple street. The
lot was currently vacant. Possible uses for the property
included duplexes or offices. He felt duplexes would not be
viable for the property and that the office use would be better
the area property. had favorlofdthe with the development ty owners in
for the
No one spoke in opposition,
The Mayor closed the public hearing,
The following ordinance was considered:
City of Denton City Council Minutes
August 20, 1991
Page 7
NO, 91-126
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING
FOR A CHANGE FORM TWO FAMILY DWELLING (2-F) TO PLANNED
DEVELOPMENT (PD) ZONING DISTRICT CLASSIFICATION AND
USE DESIGNATION FOR 0.413 ACRES OF LAND LOCATED AT THE
SOUTHEAST CORNER OF CARROLL BOULEVARD AND MAPLE
STREET; PROVIDING FOR APPROVAL OF A DETAILED PLAN FOR
THE DISTRICT; PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING
FOR AN EFFECTIVE DATE,
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Trent motioned, Chew seconded to adopt the ordinance, On roll
vote, Trent aye, Alexander aye, Hopkins aye, Smith aye,
Chew "aye," Perry "aye," and Mayor Castleberry "aye," Motion
I~ carried unanimously,
I Council Member Chew left the meeting.
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B. The Council held a public hearing and considered
adoption of an ordinance amending the boundaries of the
Oak/Hickory Historic District to include three properties
adjacent to the district: 305 Mounts, 311 Mounts, and 403
Mounts Street, H-91-002 (The Planning and zoning Commission
1 recommended approval 7-0 at its July 25, 1991 meeting,)
Jane Biles, Main Street Manager, stated that the City had been
petitioned to consider annexing into the oak/Hickory Historic
District three properties adjacent to the District. The
E ordinance provided for the expansion of the Distract boundaries
i if one or more conditions were met. The Historic Landmark
Commission recommended acceptance of these properties into the
District, The architecture was compatible with that in the
District, and inclusion of these properties provided the
necessary linkage with future areas to be considered for
historic designation. The Planning and Zoning Commission held
a public hearing on July 25, 1991 and also voted unanimously to
extend the boundaries of the District to include these
properties.
The Mayor opened the public hearing.
Brian Morrison stated that the properties were built between
1889 and 1918 and were all evident of being worthy of historic
preservation. `Chro properties would provide a link to other
areas for historic preservation, lie asked the Council for
favorable consideration of the request,
No one spoke in opposition.
The Mayor closed the public hearing,
The following ordinance was considered:
City of Denton City Council Minutes
August 20, 1991
Page B
NO. 91.-127
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING
THE BOUNDARY OF THE OAK-HICKORY HISTORIC DISTRICT BY
ADDING THE THREE PROPERTIES LOCATED AT 305,311, and
403 MOUNTS STREET TO THE DISTRICT; AND PROVIDING FOR
AN EFFECTIVE DATE.
Alexander motioned, Smith seconded to adopt the ordinance. On
roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Smith
,aye,, Perry "aye, and Mayor Castleberry "aye." Motion
"
carried unanimously.
6. Consent Agenda
Mayor Castleberry asked that Item 6.A.3. Bid 81273
Commercial Refuse Trucks be pulled for special consideration.
Council Member Trent stated that he too was going to ask that
that item be pulled for special consideration.
Mayor Castleberry stated that there had been some discussion
i
with private haulers who wanted to make a presentation at the
meeting, However, it was too late for them to be on this
agenda. They would like to be on the agenda for next week.
That was the Pntto discuss Ueit at thel nethe xt item, to give He
J them an opportunity
asked if one week would make a difference.
City Manager Harrell stated that the bids were good until
October 6, 1991 so that as far as holding the bids open and
making the bids good, that would ;sot be a problem. From the
staff's standpoint, he had two comments to offer, one was of a
concern that the previous decision made by the City Council for
the City to become the exclusive provider did call for a
February 1, 1992 start-up date, If there was any
reconsideration of that particular decision
arlypreviously it they ad were
early
it needed to be ma fairly
the council,
going to meet that deadline. Secondarily, it had budget
implications which would have to be dealt with by the Council,
Those were factors to consider. Certainly, a short delay would
ber ordered cbut bids specifications twereyin eprogresssforeall of
the containers that the City would need. All of that was
on-going in various staff processes, He suggested that if it
were the wish of the whole Council to hold this item over and
reopen the issue and rediscuss the whole issue, it might be
better to discuss it in two weeks as opposed to the next
meeting, The next meeting had been scheduled for the public
hearing on the budget and detailed discussion on the 1991-92
proposed budget,
`-A"
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City of Denton city council minutes
August 20, 1991
Page 9
until October voted tonight and
Mayor Castleberry stated tthey wif it ould have were
should there be any change,
City Manager Harrell replied no. The bfditt were were taken
onit
thaghupbut to
f guaranteed bids through October 6, until
wish not to proceed with thetlaeaCouncil£cothe uld bid
were
j do it at some later date.
the 5th of October and still be assured the prS council,
as a
He stated that if the
j quoted in the back-up• by February 1, as previous
longer before
group, expected staff to be ready
f Council indicated, staff could not a or notuc h
the decision was made whether to procee bid
and that voted time let the
Mayor Castleberry stated that deco then
was ncil l should there be any Chang
I available. good through
Harrell replied that the price was
contract, City Manager into
October 6. It Council voted tonight to wwould the entering the
contract would be awarded and the City the purchase of that
agreements with the low bidder to make wish not to
vehicle. If it was the madority of the Council's oncil should
en the whole issues
proceed with the bid, to reop closer to
s strike the item from the ordinance an moved d not co the nside Cirty it, A vote
effectively
be} g etheu eting,
exclusive provider,
i
council Member smith asked if the reason to withdraw the item
I tonight would be to reopen the entire discussion,
j
Mayor Castleberry replied that several had expressed a request
that
appear before the Council fort wouldabenstrictly that eto the
council's decision to reopen,
Council. period in
Mayor Pro Tem Hopkins asked if there was a time if the Council chose to reopen the whole issue, that it
which,
could be canceled.
ldanager Harrell replied that the procedure would be that
took action and the ordinance was passed, that
City
once the Council authorization to actually place the order and staff
provided
be ldane, he ew uld adv se theeCouncill too notgtake
would do that,
that that not not sign the
action any post bid athe nd }then asking would be ttoch cleaner than
accepting the
contract.
third party
going ttotbenfundedffromr a in the Issue
Council member stated
was that $278,400 was interest rates and the
purchase agreement and with ti ht fwould alls be to the City's benefit,
possibility of another drop,
alight, to delay it for that reason. That was his
ever so special consideration.
rational for requesting
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City of Denton City Council Minutes
i August 20, 1991
Page 10
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Council Member Perry stated that The City had gone through around, to
the
his knowledge, since last May.
formal bidding process and had bids in hand. ot The What Council's was
not.
the bids or
whether to let
consideration was
being proposed was that the Council discard that work and take
a step backward and revive an issue that had been decided. tie
was concerned whether the city's bidding process would be
considered in good faith. He was not in favor of pulling the
item from the agenda.
t
Council Member Alexander stated that he was one who was
generally very much in favor of having dialog on an issuer But
j this was an issue on which the Council had dialog over and over
again in a very formal way before the Council over a period of
the last two to two and a half years. The Council made a
decision several months ago that the City would become the
policy. Caty that point, He
didexclusive
thinkr it was for solid
I delay a proper item that was pending before the Council based
{ on speculation that the Council might change its mind two weeks
from now. That was not the way to make public policy. He
would vote against any effort to remove the item from the
consideration,
Council Member Smith agreed with Council Member Alexander and
stated that she agreed entirely that the Council had a great
deal of dialog and although she was not on the Council at the
time, she did attend the mee,`ings and heard the discussion.
She felt that the decision had been made and it should be
behind the Council. She felt the Council needed to move on and
would not vote in favor of a delay,
Council Member Trent stated that he was not indicating the
Council should relook at the entire issue and go through the
months of pros and cons again. There were times when a
decision was made and then that decision was refined. He felt
that if there were any information available to the Council,
or when to
obuy whether thit be in e trucks, he terms was of in what favor kinds of inof trucks to buy vestigating that,
Mayor Pro Tom Hopkins stated that she had voted with the
majority on one of the issues. She had asked for new figures
in September and that motion failed. She had been on a lot of
pasaed motions and been on a number of failed motions, She
felt that the majority had spoken and felt that the only way
she would make a change would be if one of the new Council
Members elected in May expressed reservations or questions that
sheaved tnat there was a shift in the majority. There had not
been that indication by any one of the three new members. The
vote
shiftwof lone of those different she did not see any lreasont tou holds
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City of Denton City Council Minutes
August 20, 1991
Page 11
the vote back. If two weeks from now something happened, that
the Council had to change it, the Council could always go back
and renegotiate the trucks. Without a shift in the majority
all that was being done was putting the Council through two or
four more weeks of agony. There was not that shift. Cou>>cII
Member Chew being gone from the meeting would not make one bit
of difference. She felt that the now Council Members felt that
the majority of Denton citizens spoke at the polls in May.
Council Member Trent asked if the vote needed to be postponed
until Council Member Chew could vote on the issue.
Mayor Pro Tom Hopkins stated that each one of the Council
Members know how Council Member Chew would vote. She did not
think it would make any difference. If there were a shift by
something the speakers would say next week or the next, then
the Council could do something about the trucks at that point.
Without that, she did not see that there was anything the
Council would gain,
Perry motioned, Smith seconded to adopt the consent Agenda as
presented. On roll vote Trent "nay," Alexander "aye," Hopkins
I
"aye," Smith "aye,"Perry "alfe," and Mayor Castleberry "aye."
Motion carried with a 5-1 vote.
A. Bids and Purchase Orderst
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1. Bid #1255 - Hydraulic Tools and Accessories
2, Bid 01274 - 500 MCM Unishield and #2
j Concentric 3 Phase Cable
3. Bid #1273 - Commercial Refuse Trucks
4. Bid #1268 - Oils and Greases
5. Bid #1267 - Loma Del Rey Drainage
B. Plats
1. Consideration of the preliminary plat of Lot
11 Block A of the City Booster Pump
Addition. The 15.951 acre site was located
on the north side of Hartlee Field Road,
approximately one-half mile east of Sherman
Drive. (The Planning and Zoning Commission
recommended approval at their 8/14/91
meeting).
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City of Denton City Council Minutes
August 20, 1991
Page 12
1
7. Ordinances
A. The Council considered adoption of an ordinance
accepting competitive bids and providing for the award of
contracts for the purchase of materials, equipment, supplies or
services. (5.A.1. - Bid 41255, 5.A.2. - Bid #1274, 5.A.3. - Bid
41273, 5.A.4. - Bid 41.268)
The following ordinance was considered,
NO. 91-128
i
AN ORDINANCE ACCEPTING A COMPETITIVE SEALED PROPOSAL
AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS,
R' PRO
FQUIpMEN1, SUPPLIES OR SERVTCE5, THE
EXPENDITURE OF FUNDS 'T'HEREFORE; AND PROVIDING FOR AN
EFFECTIVE DATE.
Alexander motioned, Smith seconded to adopt the ordinance. On
roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Smith
r "aye," Perry "aye," and Mayor Castleberry "aye,ki Motion
carried unanimously,
B. The council considered adoption of an ordinance
accepting competitive bids and providing for the award Bid
contracts for public works or improvements, (5,A.5. -
j #1268)
The following ordinance was considered; 1
NO. 91-129
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING
FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR
IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS
TH8REFOR; AND PROVIDING FOR AN EFFECTIVE DATE.
Smith motioned, Hopkins seconded to adopt the ordinance. On
roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Smith
"aye," Perry "aye," and Mayor Castleberry "aye," Motion
carried unanimously.
C. The Council considered adoption of an ordinance
approving the 1991 certified appraisal roll.
Harlan Jefferson, Treasurer, stated that the city was required
by law to present the certified tax roll for Council approval,
The appraisal roll had the total assessed appraised as well as
taxable value of every property in the City of Denton,
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City of Denton City Council Minutes
August 20, 1991
Page 13
1
ih The following ordinance was considered:
' NO. 91-129
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING
THE 1991 APPRAISAL ROLL AND PROVIDING FOR AN EFFECTIVE
DATE.
Alexander motioned, Hopkins seconded to adopt the ordinance. '
On roll vote, Trent "aye," Alexander "aye," Hopkins "aye,°
Smith "aye," Perry "aye," and Mayor Castleberry "aye." Motion
f carried unanimously,
D. The Council considered adoption of an ordinance
approving no parking on the north side of Edwards Street from
Avenue D to Avenue E. (The Citizens Traffic Safety Support
Commission recommended approval.)
The following ordinance was considered:
NO, 91-131
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING
THE PARKING OF VEHICLES ON THE NORTH SIDE OF EDWARDS
STREET, FROM AVENUE E TO AVENUE D; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED
TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE.
Perry motioned, Smith seconded to adopt the ordinance, On roll
vote, Trent "aye," Alexandor "aye," Hopkins "aye," Smith "aye,"
Perry "aye," and Mayor Castleberry "aye," Motion carried
unanimously.
i
E. The Council considered adoption of an ordinance
approving no parking on the north side of Chestnut Street from
Avenue D to Avenue E. (The Citizens Traffic Safety Support
Commission recommended approval,)
The following ordinance was considered:
NO. 91132
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING
THE PARKING OF VEHICLES ON THE NORTH SIDE OF CHESTNUT
STREET, FROM AVENUE E TO AVENUE D; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED
TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE.
Trent motioned, Alexander seconded to adopt the ordinance. On
roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Smith
"aye," Perry "aye," and Mayor Castleberry "aye," Motion
carried unanimously,
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U•.RY J;:n~
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City of Denton City Council Minutes
August 20, 1991
Page 14
F. The Council considered adoption of an ordinance
amending section 18-152 of the Code of Ordinances of the City
of Denton to include additional portions of city streets
adjacent to property controlled by the University of North
Texas to be subject to the authority of the University for
f regulation of parking. (The Citizens Traffic Safety Support
commission recommended approval.)
The following ordinance was considered: !
4 ,
NO. 91-133
AN ORDINANCE AMENDING SEC, 18-152 OF THE CODE OF
ORDINANCES OF THE CITY OF DENTON TO INCLUDE ADDITIONAL
PORTIONS OF CITY STREETS ADJACENT TO PROPERTY
I CONTROLLED BY THE UNIVERSITY OF NORTH TEXAS TO BE
SUBJECT TO THE AUTHORITY OF THE UNIVERSITY FOR
REGULATION OF PARKING: AND PROVIDING FOR AN EFFECTIVE.
DATE.
Smith motioned, Perry seconded to adopt the ordinance, On roll
j vote, Trent "aye," Alexander "aye," Hopkins "aye, 10 Smith "aye,"
Perry aye, and Mayor Castleberry "aye.' Motion carried
unanimously.
i
G. The Council considered adoption of an ordinance
approving an amendment to an agreement between the City' of
Denton and the Greater Denton Arts Council.
Catherine Tuck, Administrative Assistant, stated that the
ordinance amended the original agreement between the City and
the Greater Denton Arts Council for the Campus Theater. Part
of the agreement stated that the City would pay for utilities
based on consumption levels. The ordinance would revise
Schedule A which would reflect the spirit and intent of the
agreement. Under electricity, the original Schedule A had
"kwh" which should have read 1lkw° which signified demand,
Wastewater had been broken out as it was formally under water
and sewer. Wastewater was based on 80% of water consumption
and those figures were outlined. The unit of measurement for
natural gas had been omitted in the original agreement. The
original figure was too low due to a miscalculation and needed
to be revised. No additional dollars were reflected in the
change.
Council Member Trent stated that the spirit and intent was the
same as the original agreement. Yet the amendment went from
750ccf to 4,000cef.
,`F N
t is d.:klf~~,77!I}
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City of Denton City Council Minutes
August 20, 1991
Page 15
Tuck replied that the original figure was a mistake. The
original figure quoted in notes was on a monthly consumption,
That figure was 62.5 and did not signify hundreds of rubir,
feet. That number should not have been that low and should
have signified ccf.
j
Council Member Trent £alt that as the number had been
increased, it would signify a new agreement as opposed to a
revision,
City Manager Harrell stated that when the agreement was put
together, the total utility charges calculated at that time was
approximately $21,000 for a yearly utility payment, That was
reflected in all of the back-'up and all the discussion which
occurred with the City Council. In preparing the budget for
this year, the original document was used to help calculate how
much monthly payment the City would be paying to the Greater
Denton Arts Council for the Campus Theater, and it became
1 apparent that somehow the gas usage was simply misstated. I t
' did not in any way approximate the usage dollar number that was
considered 12 months prior. The new amended schedule was a
clarifying amendment which resulted in the same dollar number
discussed with the Denton Greater Arts Council fifteen months
ago, If the Council maintainled the original agreement signed
fifteen months ago, substantially less revenue would be given
to the Arts Council than what had been agreed.
j Council Member Trent felt that 4,000ecf was too large a number,
i
City Manager Harrell replied that estimates were used based on
past usage figures to arrive at the number. The prior
discussions were that the City did not want to just pay the
utility bills because the city wanted to build a schedule in
which would give a certain amount of money to the Arts Council
and would have an inducement for them to use a lcwor amount and
try to conserve utilities. The usage figure was included to
show that the amount would generate $21,000 for the Arts
Council to apply towards utility bills.
Council Member Trent felt that the Council had agreed to cap
the figure at $21,000 and not give automatically the $21,000.
City Manager Harrell replied that that was not the way the
agreement was written. The agreement was written that there
were maximum usage numbers that the Council agreed to pay on
the basis of those usage numbers. If the usage was more than
that, the Arts Council would be responsible.
Council Member Alexander stated that he remembered the
agreement to be dollar amounts only.
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City of Denton City Council Minutes
August 20, 1.991
Page 16
The following ordinance was considered:
NO. 91-134
j
AN ORDINANCE APPROVING AN AMENDMENT TO AN AGREEMENT
BETWEEN THE CITY OF DENTON AND THE GREATER DENTON ARTS
COUNCIL: AND PROVIDING FOR AN EFFECTIVE DATE.
Perry motioned, Smith seconded to adopt the ordinance, On roll
j vote, Trent "aye," Alexander "aye," Hopkins "aye," Smith "aye,"
Perry "aye," and Mayor Castleberry "aye." Motion carried
unanimously,
8. Resolutions
A. The Council considered approval of a resolution
appointing Ray Stephens to the Board of Directors of the Texas
Municipal Power Agency,
The following resolution was considered:
f NO. R91-049
A RESOLUTION APPOINTING RAY STEPHENS TO THE BOARD OF
DIRECTORS OF THE TEXAS MUNICIPAL POWER AGENCY AND
DECLARING AN EFFECTIVE DATE..
Hopkins motioned, Smith seconded to approve the resolution, on
roll vote, Trent "nay," Alexander "aye," Hopkins "aye," Smith
Ilaye," Perry "aye," and Mayor Castleberry nay.' Motion
carried with a 4-2 vote,
B. The Council considered approval of a resolution
approving the 1991-92 fiscal year budget of the Denton County
Emergency Communications District, pursuant to Article 14328
V.A.T.S.
Mike Pedigo, Executive Director, stated that he would be happy
to answer any questions the Council had concerning the proposed
budget.
Council Member Trent asked Pedigo to explain the travel/auto
expenses.
Pedigo stated that no more than two individuals would travel at
one time. The travel budget was broken down into two ser.tions,
one for travel and one for auto allowance, There was an
allowance for the Director, the Public Education Manager and
the Data Base Manager, The other travel was for board members
and staff at the national conference in Orlando. Two staff
members and two board members had been budgeted to attend that
meeting.
I
It was also
budgeted for the Board President and
two
staff members to attend a national conference in Seattle.
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August 20, 1991
Page 17
I
Council Member Trent stated that that was over $1,000 per month
for travel and asked if it was justifiable. That amount did
not include the approximately $1000 a month for auto allowance.
Pedigo replied that the travel was broken down into the two
conferences he mentioned, Both conferences were week long
conferences.
' Council Member Trent questioned a $200,000 contingency fund.
Pedigo replied that the Board had adopted a policy to keep a
$200,000 contingency fund for emergency situations, for adding
answering points or to use to maintain general interest,
i John McGrane, Executive Director for Finance, stated that there
was a legal opinion on whether the District could reduce its
rate charged. Because the way the election was held, the
District could not change the rate, Rather than just utilizing
those funds, the Board felt an emergency reserve .und would be
a better way to utilize the money,
Council Member Chew returned to the meeting.
The following resolution was considered:
No. R91-050:
j A RESOLUTION APPROVING THE 1991-92 FISCAL YEAR BUDGET
j OF THE DENTON COUNTY EMERGENCY COMMUNICATION DISTRICT,
PURSUANT TC ARTICLE 14320 V.A.T.S., AND PROVIDING AN
I EFFECTIVE rATE.
Hopkins motioned, Alexander seconded to approve the
resolution. On roll vote, Trent "nay," Alexander "aye, It
Hopkins "aye," Smith "aye," Chew "aye," Perry "aye," and Mayor
Castleberry "aye," Motion carried with a 6-1 vote
r C. The Council considered approval of a resolution
requesting that municipalities be allowed to regulate
possession of open a!Aoholic beverage containers within certain
designated areas of the municipality,
Rick Svehla, Deputy City Manager, stated that Dallas was
spearheading this move. They were asking the Legislature to
consider passing legislation which would allow home-'rule cit!,+A
to have jurisdiction and decision making power over thia
issue, it stemmed from a decision from the Texas Alcohol and
Beverage commission recently that exempted ci~Aes from making
those kinds of rulings,
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City of Denton City Council Minutes
August 20, 1991
Page 18
The following resolution was considered:
i
NO. R91-051
A RESOLUTION REQUESTING THAT MUNICIPALITIES RE ALLOWED i
TO REGULATE POSSESSION OF OPEN ALCOHOLIC BEVERAGE
CONTAINERS WITHIN CERTAIN DESIGNATED AREAS OF THE
MUNICIPALITY; AND DECLARING AN EFFECTIVE DATE.
f
Alexander motioned, Trent seconded to approve the resolution.
On roll vote, Trent "aye," Alexander "aye," Hopkins "aye,'!
"aye," "aye," "aye," and Mayor Castleberry
"aye." Motion carried unanimously,
i
D. The Council considered approval of a resolution
authorizing Amendment No. 2 to the Airport Commercial Operator
Lease Agreement between the City of Denton and Fox-51 Limited,
(The Airport Advisory Board recommended approval.)
Rick Svehla, Deputy City Manager, stated that this was an
j agreement which would allow Fox-51 to lease more land at the
Airport, This was consistent with the plans of the Master Plan
and with the terms of their original lease and would provide
f more revenue for the City.'
The following resolution was considered:
NO, R91-052
A RESOLUTION AUTHORIZING AMENDMENT NO, 2 TO THE
AIRPORT COMMERCIAL OPERATOR LEASE AGREEMENT BETWEEN
THE CITY OF DENTON AND FOX-51 LIMITED; AND PROVIDING
FOR AN EFFECTIVE DATE.
Perry motioned, Trent seconded to approve the resolution. On
roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Smith
"aye," Chew "aye," Perry "aye," and Mayor Castleberry "aye,"
Motion carried unanimously,
E. The Council considered approval of a resolution
authorizing the City Manager to execute an agreement between
the City of Denton, Texas, and the Department of the Army,
Corps of Engineers, establishing procedures for hydropower
operations at Lewisville Dam. (The Public Utilities Board
recommended approval.)
Bob Nelson, Executive Director for Utilities, stated that Item
E and F were for the Lewisville and Ray Roberts facilities, It
was a memorandum of agreement which the Council had seen
before, Each time it appeared that the agreement was final, an
additional clause was added by the Corps. This change would
add in inspection fees and dam safety operation procedures.
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City of Denton city council Minutes
August 20, 1991
Page 19
The following resolution was considered;
NO. R91-054
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS, AND
THE DEPARTMENT OF THE ARMY, CORPS OF ENGINEERS,
ESTABLISHING PROCEDURES FOR HYDROPOWER OPERATIONS AT
LAKE RAY ROBERTS DAM: AND PROVIDING FOR AN EFFECTIVE
DATE.
Hopkins motioned, Perry seconded to approve the resolution, on
roll vote, Trent aye, Alexander "aye," Hopkins "aye," Smith
Faye," Chew "aye," Perry "aye," and Mayor Castleberry "aye."
Motion carried unanimously.
I~.
F. The Council considered approval of a resolution
` k authorizing the City Manager to execute an agreement between
the City of Denton, Texas, and the Department of the Army,
Corps of Engineers, establishing procedures for hydropower
cperations at Lake Ray Roberts Dam, (The Public Utilities
Board recommended approval.)
i The following resolution was considered:
NO. R91-053
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS, AND ,
THE DEPARTMENT OF THE ARMY, CORPS OF ENGINEERS,
ESTABLISHING PROCEDURES FOR HYDROPOWER OPERATIONS AT
LEWISVILLE DAM: AND PROVIDING FOR AN EFFECTIVE DATE.
Chew motioned, Smith seconded to approve the resolution. On
roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Smith
"aye," Chew "aye," Perry "aye." and Mayor Castleberry "aye."
Motion carried unanimously,
9. The Council received submission of the effective tax
rate and rollback tax rate.
Harlan Jefferson, Treasurer, stated that State law required
formal submission fot the effective tax rate and the rollback
tax rate, The effective rate was $.7038 per $100 valuation and
the rollback rate was $.7244 per $100 valuation,
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August 20, 1991
Page 20
10, The Council received submission of the certified
collection rate,
Harlan Jefferson, Treasurer., stated that State law also
required formal submission of the collection rate. The
anticipate collection rate for 1991-92 which was 100% included
delinquent taxes, rollback taxes, penalities, interest and the
additional penalty under section 33,07 of the Property Tax Code.
11. The Council considered authorizing the submittal of a
j grant proposal to the Texas Department of Health for the
Municipal Solid Waste Composting Demonstration Grant,
Cecile Carson, Administrative Analyst, stated that the grant
h would provide funding for the purchase of materials for ninety
backyard composting units. A citizen forum on composting would M
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~ be scheduled for November and the program would continue
1 through August 1992, if funded. The request was for $19,755.
The proposal required a 50% match which would be in-kind
contributions, The in-kind contribution included personnel
salary, utilities/phone and equipment costs, No expenditure of
cash was proposed as part of the match.
Perry motioned, Smith seconded to authorize the submission of
the grant. On roll vote, Trent "aye," Alexander "aye," Hopkins
I 11 aye," Smith "aye," Chew "aye," Perry "aye," and Mayor p
I Castleberry "aye," Motion carried unanimously,
12. Miscellaneous matters from the City Manager.
i
A. Receipt of the nine-month City Financial Report
'E
Lloyd Harrell, City Manager, stated that the report was
included in the agenda back-up.
B. Harrell reminded Council of .he TMPA Annual Board
meeting September 12 in Bryan,
13. The following formal action was taken on Executive
session items discussed during the Work Session Executive
Session,
A. Mayor Pro Tom Hopkins motioned, Chew seconded to
nominate Barbara Coe and Joe Alford as alternate members to the
Sign Board of Appeals. On roll vote, Trent "aye," Alexander
,laye," Hopkins "aye," Smith "aye," Chew "aye," Perry "Aye," and
Mayor Castleberry "aye." Motion carried unanimously,
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city council Minutes
City of D enttoon n
August 20, 199,
page 21
New Business were suggested by Council
14. Business
The f'51lowing items of Now
en ,~5 that on the
Members for future a9 Hopkins stated request by a
Mayor Pro Tem would be a She asked
p, there District,
September 3 Council Meetithe Histori ready for
cittizen Council
Sep to withdraw frF.pared and
that the ordinance be PC
that meeting for a report on the
i consideration by kins asked road in the
i Mayor pro Tem Hop School. Was that
B. Lane to McNair of the city,
road off Teasley onsibility of
or was it the reap replied that portions
county
Deputy city Manager, and part of the road was
Rick Svehla, ere in r,he County
hickory creek Road W to
in the City. to work with the County
mayor Pro Tem Hopkins asked staff
road repaired. in Executive Session during
get the
15, The Council did not meet
the Regular Session, was adjourned at S:45 p•m
i the meeting
I With no further business
I 1
MAYOR
909 CA5TLE9RRY TEXAS
CITY of DENTON,
i,
3ENNIFER WALTERS +
CITY SECRETARY TEXAS
CITY OF DENTON,
3437C
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CITY OF DENTON CITY COUNCIL MINUTES
AUGUST 27, 1991
The Council convened into the Work Session at 5;15 p,m, in the
Civil Defense Room.
PRESENT; Mayor Castleberry; Mayor. Pro Tem Hopkins; Council.
Members Alexander, Chew, Perry, Smith and Trent.
ABSENT; None
1 The Council convened into Executive Session to discuss
legal matters (held a discussion regarding Flow Hospital), real
1 estate, and personnel/board appointments,
2, The Council received ak: update and held a discussion
regarding a final report on the Mercer Study.
Tom Klinck, Director of Personnel, outlined the background and
I, approach of the Mercer study which was an intense employee
r compensation study which commenced in the fiscal year 88/89 and
continued through fiscal year 90/91. The final report would
j outline Mercer's recommendation for pay plan implementation in
the 91/92 fiscal year with full implementation for non civil
service employees in 92/93. The guidelines the City presented
f Mercer were to develop a revised and comprehensive salary
management program, revise the pay for performance process,
simplify and standardize the current program, and ensure the
city s pay practices were competitive with the current market j
and equitable throughout the City organization.
Klinck stated the study was performed in four phases. Phase i
Included internal equity issues or the relationship of current
positions across nine different salary structures. Phase II
required a market analysis of the positions and salary
structure design, Phase III developed a pay for performance
program to allow employees to move outlined ughrecthe salary ommendatiotructure
sYstem and Phase IV implementation for the new compensation program,
A definition of strategy for compensation was a key issue
identified by managers and supervisors. Most organizations
compensate for the basic or fundamental parts of doing the job
and management and supervisory skills, The City of Denton
identified technical skills necessary to perform certain jobs
was an important criteria in terms of the overall strategy.
The recommendation to Cocneil was to compensate an employee
based on value of the position, value of the position's
contribution to the organization and performance and have a
competitive salary structure tied to the composite job market,
The salary management study addressed classification,
compensation, pay for performance and procedural components,
equity within results thand markot analysis were used to e o ganization. Klinck outlined define
used to set the salary structure,
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City of Denton City Council Minutes
August 27, 1991
Page 2
Tom Riley, of William M. Mercer, Inr,,, discussed the findings
of the job survey. After jobs were broken down into
components, each was compared and contrasted matching specific
duties and responsibilities. The analysis was done on a 47%
Job match. In total, the overall pay position of city jobs was
below the competitive market with 124 of the j)be significantly
below the job market and two jobs significantly above. Job
evaluation data and competitive market analysis were combined
to develop a citywide salary structure. Riley explained the i
salary structure outlined in the final Mercer report.
Riley outlined the recommendation for a salary plan that would
close the gap between jobs and attempt to bring more employees
to mid range which would occur over the years. Because of
limited dollars, recommendations to close the gap on a priority
basis would first address jobs below 80% of market, cavil
i service jobs and then all other city positions.
1
Riley stated the recommended pay plan in the non civil service
area would have 13 pay grades with salary ranges based on the i
market comparison and 12% increases between grades, civil
f service positions had limitations imposed by law. Civil
service regulations required payment of the same base rate to
all employees in each level which eliminated step systems or
open ended salary ranges. Civil Service also required
seniority advancement rates. The recommended police and fire
rates were based on the regulations and outlined in the final
report.
Council Member Trent questioned the longevity value for the
base rate and if that were an entry level salary,
S
Riley responded that there was a recruit or entry level rate.
Further discussion was held regarding the Civil service pay,
structure and the Mercer recommendation and the recruit level
pay information,
Council Member Alexander stated that in the Civil Service
structure that recruitment does not occur for entry at mid
level, Consequently, people reaching mid level in five years
are the current recruits. Therefore, the city must be
f competitive in the recruit market in order to acquire the best
and brightest in the region.
Riley stated the seasonal pay plan had been included in the
market survey, The seasonal pay plan would not be recommended
for implementation until fiscal year 92/93,
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City of Denton City Council Minutes
August 27, 1991
Page 3
Riley outlined the Executive structure developed from the
competitive market data. The Mercer recommendation was for
salary ranges which top out at a control point and stop.
Executives would not receive increases beyond the control point
but would be eligible for awards from the long term business
strategy Incentive program. Further explanation of the
Executive plan continued.
I i Tom Klinck stated that the study provided an improved salary
structure and a pay for performance program which would allow
reward for outstanding performance with greater flexibility and
more efficiency.
Pay for performance was recommended for a Phase II
implementation in the 92/93 fiscal year to allow time to
1 adequately train managers and supervisors on utilization of the
Performance Rating Incentive document. The PRI objectives were
outlined and explained.
Council Member Alexander stated that funds set aside for one
time lump sum increases would need to be determined at budget
# time, but all money set aside would not necessarily be
implemented.
City Manager Harrell emphasized that the pay for performance
concept would not be an automatic increase for employees as the
current step plan had been. The pay for performance concept
would allow the city to reward top and outstanding performers
and differences in levels of contribution to the organization,
Council Member Alexander stated that the program required
resources and management commitment along with extensive
training of supervisors plus communication to employees
concerning change of philosophy, change in supervision and
workplace environment.
t
Harrell stated that funding limitations which delayed full
implementation of the Study would allow a year of training in
3 preparation for full pay for performance concept.
Further discussion regarding the rating of employees in the pa
for performance system and the training of supervisors to set
objectives and standards for employees continued. Klinck also
outlined the budgetary procedures for the PRI dollars.
council Member Alexander questioned if there were any way under
iJ the law the city could structure a pay for performance plan
into the civil service structure.
f Klinck stated that case law does not indicate any possibility,
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City of Denton City Council Minutes
August 27, 1991
Page 4
Klinck reported that job descriptions had all ready been
provided to managers and supervisors to be upgraded, and work
was all ready completed on titles and re-titles. The appeal
process recommended by Mercer was in place. The remaining
items to be addressed were rewriting of policies and procedures
to be brought before the Council for approval with an
implementation date.
Betty Wilkins, Personnel Specialist, stated that the main
objective of supervisor training was to work with supervisors
and managers to set real clear goals and objectives for
employees, She outlined the training program and guidelines
which would be utilized to make sure the performance
i expectations were clear.
Klinck concluded by stating that the Mercer Study
recommendation for fiscal year 91/92 for the non civil service
employers was to implement the pay structure of 13 grades tied
to the competitive rate and that 91/92 would be a transition
year. The study also recommended bringing the approximately
12% non civil service employees to the new minimum oL the
assigned salary grade and all other employee4 would be awarded
a 3% market adjustment Affective either January 1, 1992, or
October 1, 1.991. In the 92/93 budget year, staff would bring
forth cost alternatives for implementation of the pay for
performance plan,
Harrell clarified that there was a cost of approximately
$143,000 to bring the 12% of employees to minimum which would
i affect approximately 80 people. If the employee would nut
receive a 3% increase by being brought to minimum, the
difference would be awarded to get them to 3%, civil service
employees were required by law to be rewarded, their step
increases due before January 1, Therefore, staff recommended
non civil service employees also bA awarded their merit step
increases due prior to January 1, assuming a January 1
Implementation date. If the award were greater than 3% that
would be the increase for the year. If less than 3%, the
difference to bring the employee to 3% would be granted.
Klinck stated that 128 employooo, review dates would fall
between octobe,r 1 and January 1. The civil service
recommendatlosi was the two pay structures outlined to Council
with a 38 waL ket adjustment,
Council Member Smith asked what amount of money had been
included in the proposed budget,
Klinck stated in the proposed budget the non civil service
portion which would bring 12% of employees to minimum and
allowed a 3% market adjustment with a proposed January 1
implementation date plus civil service adjustments would total
$507,000. An October 1 implementation would total $676,000,
T- 94
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City of Denton City Council Minutes
August 27, 1991
Page 5
The Council convened into the Special Call session at 7;00 p.m.
in the Council Chambers.
1. Pledge of Allegiance
The Council and members of the audience recited the Pledge of
Allegiance.
Item #3 was considered.
3. The Council held a public hearing regarding the
adoption of the proposed 1991-92 City of Denton Annual Program
of Services,
Lloyd Harrell, City Manager, stated that this had been a
difficult budget because of some very difficult financial
€ constraints which impacted not only the community in general
y but also the City government, Some of those constraints set
the tone for the budget and dictated some of the actions in
preparing the budget. On the revenue side, this continued to
be a difficult period for the City. That resulted in three
primary effects of that difficulty. The first was the
implementation of the Freeport Amendment. About a year and a
j half ago, the City Council voted to exempt business personal
property that was in transit within the State of Texas, That
I action taken by the Council resulted in a decrease of tax
I revenue to the City government of approximately $360,000. That
represented approximately $.02 on the tax rate. That was a tax
benefit and a tax break given by the council in hopes that long
range, it would promote economic development but at least short
1 range, it caused the City a fairly severe financial problem.
Secondly, not only did the City have the lose of the Freeport
but as a community, the revenue source for the City continued
to lag. This year that was growing at a 2% rate, The
projected budget continued the projected growth rate at a 2%
level, On the expenditure side, the two main areas which
impacted the budget was the goal of trying to bring Fire
station six on line. The other major impact was the new pay
and classification program for city employees. He
characterized the budget as a belt tightening budget. The
increase in the proposed budget both in the General Fund and
all funds combined, the rate o~- budgetary increase over last
years budget, was at about 3%, That was responsible in the
hard economic time the City was in, Excluding the Fire
Department that was talked about for bringing Station Six on
line, there was a net decrease in the General Fund Of three
employees. Last year there had been a net decrease of 3.5
employees. The proposed tax rate was either $,6851 per $100
valuation or $.6951 per $100 valuation depending on several
options available to the Council, Either of those two rates
would be under the effective tax rate of $,7038 which was the
rate a governmental unit required to bring in simply the amount
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City of Denton City Council Minutes
Angus',: 27, 1991
Page 6
of revenue that was brought in the previous year, Either
proposed rate was actually a decrease of tax revenues. The
budget continued the current programs, There were no drastic
cuts in levels of City services, There were some small steps
in improving services such as improving ambulance service,
increasing the tax exemption granted to individuals over 65
years of age and doubled the demolition effort for substandard
i programs,
The Mayor opened the public hearing.
E
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Sally Leihqeber, representing the Denton Tennis Association,
stated that she wanted the address the proposal made by Council
Member Trent to have, an overall recovery of 60% by the Parks
and Recreation Department. Denton operated at approximately
38% which was comparable or better than other surrounding
areas, Irving was at 12%, Carrollton was at 26% and Grand
Prairie was at 31%. As a group, the Association was disturbed
by the fact that Council Member Trent was targeting tennis by
wanting it to come up to 100%. Why was it different from the
other special interest programs. The program now operated at
1 approximately 50%. Council Member Trent wanted that leisure
activity to be totally self-sufficient. One way to accomplish
j that was to double the present fees which were already
f compatible to those in the Metroplex. If that happened, a
majority of the users would be lost. Classes that currently
v cost $36 would be $72. Tournament entries would go from $11 to
$22, league from $21 to $42. She was sure that most users
could not adjust to that kind of an increase, The second
suggestion was to privatize. Council Member Trent compared
Denton to Plano when he made that suggestion. Plano was twice
the size of Denton, had three and a half times the tax base,
and four and a half times the tax revenue. She did not feel
that comparisons were equal, In the late 1970'8 bonds were
vote on by the people to build the facilities for the people of
Denton, not to establish a private money-making venture.
Council Member Trent spoke as if he wanted only the immediate
users to assume the cost as though they were the only ones who
received the benefits. The Association felt that the tennis
program, along with other leisure programs, provided benefits
for not only the immediate users but the community at large
with positive aspects of the programs. The youth were busy
doing positive things rather than negative. senior citizens
were benefiting from a healthier way of life thereby keeping
health costs down. The Parks cnd Recreation profile was
studied by industries looking to relocate. These were benefits
for everyone. She wanted to correct three statements which
appeared in an article in the Denton Record-Chronicle, One
statement claimed that there were three working pros. There
were actually only two at the tennis facility, Another
statement indicated that there were no lessons or leagues
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City of Denton City Council Minutes
August 27, 1991
Page 7
offered in the evenings or weekends. In fact, they were
offered in the evenings. The weekends were used for
tournaments, rentals and court reservations which produced
revenue. The article also indicated that the Denton Tennis
Association paid $20 per year for the use of the courts on
Saturday mornings. This was not correct. Most of the
participants had annual passes but there was no fee charged for
those hours due to the fact that the Association was
co-sponsored by the City. Over the years the Denton Tennis
Association had contributed far more than that. The current
i support would not exist if the facility went private.
I Ed Bonk stated that he was a member of the Denton senior
Advisory Board. He felt that there were two mayor differences
in the comparison used between Denton and Plano. One was that
the median family income from Plano was 50% more than in
Denton. The other was that percentage of people over 65 was
two and a fourth times as great in Denton than in Plano. The
Senior Center provided a place for volunteers to help other
` seniors in the City. That service could not 'je measured in
dollars and cents. He urged the Council to not look to the
Senior Center for more financial aid.
Billy Jack Normile spoke in support of the tennis program. He
felt that the tennis center supported the City's youth and
children. The youth in Denton received good instruction at the
Center and asked the Council to reconsider any ideas for making
the Center self-supporting,
Travis Ratcliff stated that many families benefited from the
programs in the Parke and Recreation Center, particularly the
tennis program, His family had utilized the tennis program and
felt that the program provided a superb leisure service to the
average tax paying public, He felt the staff at the Center was
extremely capable. He felt the Center was a public service
which was truly economical to the taxpayer, splashed with
professional intellect, personal enthusiasm and overwhelming
respect for their charges,
Wayne Hudgens stated that he had been involved with the tennis
center and other sports programs in the City for 10 years. His
children were involved in the tennis programs, He felt that he
probably would not have taken them to a private center either
in or out of the City. The center provided excellent
opportunities for youth in ways such as developing friendships
and maturity, in addition to tennis. He felt the programs were
developing future leaders in Denton.
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City of Denton city council Minutea
August 27, 1991
Page B
Carl Williams expressed a concern regarding increased fees. He
was involved in sports programs and for programs at the Martin
Luther King Center He felt that sometimes political
philosophy became penny wise and dollar foolish. He asked the
Council not to raise fees. Children would not be able to pay
fees if they were raised. Small things could not be measured
in dollars and cents.
George Holden spoke regarding the Senior Center. The Senior
Center offered for people who had retired and who were on a
fixed income, an inexpensive way to keep their lives creative.
There were many hours of volunteer service at the Senior Center
which benefited many seniors. If the costs were raised, the
usage would decrease seriously,
Dorothy Damico, Chair-.Human Services Committee, asked that the
council support the recommendations made by the Human Services
Committee. The Committee had the responsibility to keep the
Council informed of the human service needs in the community
and to make recommendations to the Council on funding for those
needs. She stated that she was lobbying for two groups of
people, One group was the people who used services and one
group who served on Boards and Commissions and volunteers in
the City, She asked the Council to follow the recommendations
by the Human Services Committee,
Jane Malone, President of the Denton Soccer Association, stated i'
a concern in regards to making the sports programs
self-supporting. The Parks Department supplied the fields for
play but the program did not cost the City any other dollars.
If they used the City buildings after hours, they paid rent.
She received many calls regarding sports activities for youth
from people moving into the area, She asked the Council to not
raise the activity fees as it would limit those who would be
able to participate,
Jesse Coffey stated that according to the Annual Program of
services, the public hearing was scheduled for the following
week, He wondered why it was scheduled for August 27, the same
night as the DrSD public hearing on their budget. On page
51-52 of the budget recommendations, staff recommended a 34
Increase for pay raises, On page 55, there was a request for
an increase in planning and inspection fees. On page 56, there
was a request for an increase in parks and recreation fees.
Increased taxes were requested on page 67, a 104 increase in
the water rate and a 154 increase in the sewer rate. According
to the City's figures prepared by the Personnel Department of
the City of Denton, the number of employees had increased 274
since 1982. The salaries had increased $9 million in the last
five years, from $19,679,000 to $26,281,000 - a 444 increase.
Another increase in salaries was proposed in the 1991 budget.
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City of Denton City Council Minutes
August 27, 1991
Page 9
His employees had their last increase in June of. 1989. There
was a proposal for an increase in building and inspection
fees, The Denton Record-Chroniole reported :hat there were
only 78 building permits issued through July. Fie compared
those figures to those of Flower Mound (over 400), Southlake
(400), Grapevine (200), Keller (over 200), Lewisville (over
200). What was wrong with Denton. Ile felt staff was fond of
having committees study issues, like increases in salaries, He
f ? suggested a committee on why people were not moving to Denton,
Page 95 of the budget showed that in 1989--90 the budget showed
a projected income of $83,855,000 in the utility system. In
1 1989-90 the revenue exceeded the expenditures by $4 million,
i, What happened to the $4 million as it was not reflected in the
next budget. He asked the Council to "deep six" the budget and
go back and not increase fees and taxes. There was over $50
million in reserve, $4 million could not even be accounted for,
Mo Joiner stated that he understood Council Member Trent wanted
the sports programs to be 100% self-sustaining. For years, the
programs in the Denton Sports Association, football, two
baseball programs, soccer and girls softball, had been 100%
self-funded. They were in a budget crunch the same as the City
and the programs were being threatened by the $5 fee required 1
by the City, If the Council could not find fat to cut or
places to raise revenue, he would be willing to pay more taxes,
Wayne Allen stated that he had a proposal which might ease the
City's problems in funding some of the sports programs. He
suggested a sports authority for adult and youth programs,
This would be an authority and would be the bottom line, it
would be made up of one member of each of the sports groups so
that all would be represented, The City would lease the sports
authority the sports facilities for 20 years for $1.00 as it
did with the Arts Council. The City would maintain all
facilities and would supply the authority a building for
offices, storage, meeting and conference rooms. The Authority
would take the burden off the City to run and maintain all the
sports activities. In order to make the program work, it would
need to receive 1% of the hotel tax, He wanted to pursue the
idea further with the Council if it desired,
Council Member Chew asked if the Authority would be the final
authority and the council would not have any input,
Allen replied no that the Director of Parks would be an
ex-officio member, rho contract would have to be tied back to
the City Council. The Authority would relieve the city of
financial burden and political burden of running the sports
prugram.
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City of Denton City Council Minutes
August 27, 1991
Page 10
Council Member Trent felt the idea had good merit and proposed
that staff meet with Allen to investigate the proposal,
Alice Pockrus stated that she used the Senior Center as did a
great many other people. She felt. that those individuals would
be harmed if the fees were raised.
Edward Coomes, member of the Library Advisory Holyd, thanked
the Council for the current funding level for the Library.
Linnie McAdams stated that she would like to see an expansion
of library services in order to reach those who currently could
not use libraries. She also felt that the idea that everyone
who used a service should pay for it, was good in theory but
was not practicable, If fees continued to increase, poorer
families would not be able to participate. This might lead to
criminal activities. The citizens voted for the centers
because they thought they were valuable additions to the
neighborhoods. She knew that the Council had a given amount of
money for the budget but asked them not to cheat on the
children.
Joe Dodd stated he knew how the budget procedure worked and
that anything said at the public hearing would not change i'
anything. He would like to pay more taxes and particularly
sales taxes, But as the Council was trying to keep taxes down,
he would suggest other areas where the Council might raise
money, in the spirit of charging a toll for 135, perhaps the
City could charge an exit fee for people to get into Denton.
There could be a student discount but a commercial surcharge so
that anyone who wanted to spend money in Denton would be weeded
out. In the spirit of the sprinklers that the City required as
it cut down on the need for a fire department, perhaps the City
could require that apartment units over 50 and strip centers
have their own security. That would mean less policemen. In
the idea of user fees, it would help keep the riffraff and
people who probably should not live in Denton as they did not
make enough money. He suggested charging for the Fire
Department and Policemen, That was a valuable service.
Perhaps the City could have another bond election and after
having received permission to use the money, the (7ity could
divert it to some other causes like the two recreation center
programs, He suggested a blue ribbon committee to think of
services that could be broken out, like the storm water, call
it something else and send the citizens a separate bill for it.
Bob Powell stated that as a precinct chairman, his older
constituents were upset about chicken fried steak. They asked
why taxes were going up but they had to go to Lewisville to an
Owens Restaurant for chicken fried steak, They wanted to know
why the restaurant was not allowed to build in Denton, He
replied that it was apparently the Council's Idea that they did
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City of Denton city council minutes
August 27, 1991
Page 11
not want any more restaurant growth in Denton, This was a
retired couple on a fixed income who did not have a lot of
money to spend and did not have a lot of money for taxes. They
were upset with the Council because they were going to raise
taxes. They were upset with the School District because they
were going to raise taxes and the County also. They did not J
understand why they could not spend their money in Denton on a
simple product like a chicken fried steak.
I I
I Joan Coda stated that she was against the idea of having a fee
charged for the seniors to use the Senior Center and that it
would be a hardship for the people. She felt there were other
ways to raise money for the budget,
Ken Gold, Denton Fire Fighters Association, thanked the staff
for the budget proposal for Station Six. He Celt that Option
44 was the best available. He felt that hiring nine fire
fighters, the method chosen in Option 44, would have saved
money in overtime as opposed to the method of hiring eight. As
a City employee, he felt the history of pay raises had been
conservative and that the raises did not even meet inflation.
` George Gtlkeson stated that he would like to purchase an
airplane for himself and for his grandchild but he could not
justL;y buying the airplane because he could not afford it. He
suggetited to the Council that if the City could not afford it,
don't do it,
The Mayor closed the public hearing,
item 02 was considered.
2. The Councl.l considered a motion to approve the 1991-92
hotel/motel tax recipient budgets as presented and submitted to
the city council.
City Manager Harrell stated that state law required the council
to review and formally approve the budgets of the various
organizations which received hotel/motel tax funds.
Council Member Trent questioned the correct allocation of
funds. Specifically would the City stand up to an audit
regarding the allocation of funds.
City Attorney Drayovitch stated that she believed Council
Member Trent was referring to the money currently being paid to
the Arts Council for renovation of the old steam plant.
Council Member Trent replied correct and under the wording of
the Strte statue, he requested she reference how that money was
,.o bn allocated.
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City of Denton City Council Minutes
August 27, 1991
h Page 12
City Attorney Drayovitch replied that the State atatue allowed
a city to expend hotel occupancy tax monies for historical
{ restoration and preservation projects that would encourage
touristic convention delegates to visit preserved historic
sites or museums, in or at the immediate vicinity of convention
center facilities or located elsewhere in the municipality or
even i.n the vicinity of the municipality. In 1978-79 the
council determined that the renovation of the old steam plant
was a project that they wanted to dedicate funds towards,
Since that time, money had been paid to the Arts Council for
that project. That money could only be spent to restore that
historic site. In answer to the question could it withstand an
audit, she understood that none of the money the City had given i
for that purpose had been spent. No violation of the statue
had occurred.
Council Member Trent asked how long the Arts Council would
f continue to collect that money without spending it before
something had to be done. Either return the money to the
I taxpayer or use it to restore the building.
City Attorney Drayovitch replied that the Arts Council held the
money under a fiduciary obligation and could not be spent for
any other purpose. The money could not be spent for purposes
of the arts as there was a statutory limit of 15% of the monies
collected for hotel tax could be spent for the arts. In her
opinion, the money would have to be given back to the City and
that the City could only spend it for one of the purposes
authorized by the statute.
City Manager Harrell stated that in the current budget, only
six months of funding was provided to the Arts Council for the
steam plant. in March of the following year, the quarterly
allocations for that purpose would cease.
Council Member Perry stated that he believed that in the
beginning, the percentage of hotel/motel occupancy tax that
could be distributed to the Arts Council, by law, was greater
than it currently was, Even under those condition, that money
was still in their reserve,
Council Member Alexander felt that good progress had been made
with the contracts with the tax recipients. He felt that the
reports received this year regarding the budgets of the
organizations were the best the Council had received.
Alexander motioned, Chew seconded to approve the 1991-92
hotel/motel tax recipient budgets as presented and submitted to
Council, On roll vote, Trent "aye," Alexander "aye," Hopkins
)Iaye, 11 Smith "aye, 11 Chew "aye," Perry "aye, and Mayor
Castleberry "aye." Motion carried unanimously.
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City of Denton City Council Minutes
August 27, 1991
Page 13
city
the conclusion of the public hearing, the
Following
Council reconvened in the Civil Defense oom.
staff direction
nd gave
Council held a discussion ayear.
1. budget Issues for the 1991-92 faecal Y
regarding
Manager stated that they were now at the
ions. at
Lloyd Harrell, City
point where Council needed to is art makingthed et entismeeting
I least tentatively. Items meeting or a tentative
could be deferred to the following that the decision
decision could be made with the understciornto formal adoption.
could be changed at a future meeting prior
Council to work through
j There were two meetings scheduled for
only.
I all of the various tember' additibe atobudgetthe
the meeting on Sep ber 10 for formal budget
Decisions needed to be made by Septem The balancing of the
approval at the September 17th meeting.
budget started with a minus $310,000 which represented the new
economy was my an and implithecation
City
tight Diysetarricfto. for the There
figures Eros the Appraisal
that this was a very the budget, next
1 should tighten the budget even more. He cautioned the Council
that as the administrative be any afbetterk than at the current year.
i year was not going
the assessed value on property was set as of
Reason included major bui
January 1. There had not been any lding activity so
that there probably would not be a large increase the
I
assessed value. The other
economic year Land didfwhateveriitdcould
this was a very tough
hold down the tax rate. proposed budget included
The
surance funds a dl ablreturnt one investment
rev not be enue sours which inwoul
the Flow reserve the tax rate was held below
from the hydro units, The only way
effective rate was due to those sources which would not be
the '
available next year.
Harrell reviewed the tax rate and the Truth in Taxation State
law. The current rate Was $ 6551. 'the Proposed rbecate ause was
of
either $•6851 °r $ 6951 'Phe effective rate was $.7038, That sse meant because the
eieral 4t dwalineha n assessed value, for the
t and the g
City to to get the same amount of tax revenue that The tax ei:at/e
from #.6551, the tax would have to be $.7038.
Lf the apaessed wn.
times the assessed value equaled the revenue.
the value went up the tax rate went dot a law held assessed value
went down, the tax rate went up. public hearing,
could go 3% above the effective rate without a p
publication, etc. The rollback rate was the tax rate more than
an 8% increase or $.7244. Over that would sub 7je2ct thHer stated
44.
a referendum would 7038 was ae ax decrease.
that anything
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city of Denton city council minutes
August 27, 1991
Page 19
Harrell continued with the budget discussion items listed under
separate cover and presented in the agenda back-up,
~1) Major budget items - would be discussed later in the
meeting.
(2) Tax roll adjustments - would be discussed later in the
meeting.
{3) Water tower - this item was painting the water tower
one color as opposed to multicolor which would save $30,00e
The Public Utilities Board recommended not to paint the tower
this year and set aside $100,000 this year and $100,000 or
k $70,000 next year and do the project next year.
! Council Member Alexander stated that this would have no impact
on the General Fund,
Harrell replied that it would have no impact and was factored
j into the Public Utilities Board recommendation.
I
(q) Remove vacant positions from the Utilities budget -
there were 23 vacant positions when starting the Electric
budget in April. Ten of those positions had been filled since
the submission of the budget. Thirteen positions remained
vacant, It was the position of the Director of Utilities to
r he vacant positions,
hold 10 or it would mean positions vacant. lth
removed, ,
budget, The Public Utilities Board recommendation was to leave
the vacant positions in the budget and monitor throughout the
year. Late next year there might be the possibility of an
electric rate decrease if the positions had not been filled.
Council Member Perry asked if the positions were left funded
and as each month passed that they were not filled, that the
money be returned to the budget.
filled, procedure. that money was
position the current
by dand that that
months Harrell went replied
not available to spend on something else.
Mayor Pro Hopkins asked why that did not affect the utiLity
rate,
Harrell replied that $300,000 decrease would allow a small
additional decrease on rates,
Bob Nelson, Executive Director for Utilities, stated that it
would be five hundredths of a cent per kilowatt reduction. The
problem was that it was not on the fuel adjustment side. it was
on the fixed cost side of rates,
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City of Denton City Council Minutes
August 27, 1991
Page 15
Mayor Pro Tem Hopkins stated that part of the money was for
growth projects. Why could that not be taken out of there.
Why did the budget have to be inflated. She felt that the
Electric budget in general was inflated by $300,000 and then
the rates were adjusted to budget that inflation.
Mayor Castleberry felt that positions which were not going to
be filled should not be funded.
(5) No rate increase in Utilities - The Public Utilities
Board was recommendi.g a 3% decrease in the electric rate.
With regards to the water budget, the original recommendation
f was an 11.77% increase in the water rates. After that budget
had been filed, Council decided not to go with a joint
ownership arrangement with the Upper Trinity Regional Water
District. When that decision was made, it caused another
$400,000 problem in the budget as the budget had been based on
1 previous Council's direction that that would be an acceptable
arrangement. That Upper Trinity decision meant that to balance
the budget a 15,46% rate increase was needed. The Public
Utilities Board made the recommendation that items 1-6 be left
out of the water budget in Exhibit 1. Those items included
shifting economic development plan lines from current revenue
to bond funds, eliminate a proposed supervisory position at the
Water Treatment Plant, delaying the painting of the water
tower, postponing the demolition of two wells, reduce
miscellaneous waterline replacement and reduce replacement of
I
waterlines in the street program. If that were done, the rate
increase would be at a 1.0% level. There were two other
options, not recommended by the Public Utilities Board, which
the Council could consider. There was a $5 million outstanding
loan the Electric Department made to the Water Department to
cover past losses, Philosophically each of those funds should
stand alone, The budget had $500,000 to start repaying that
l loan. if the Council wanted to delay $250,000, the rate
increase would be 7,8%r If the Council wanted to delay the
full $500,000, the rate would be 5,59%.
Mayor Pro Tom Hopkins asked if Council could add numbers back
in if it wanted to and keep at that rate of increase,
Harrell replied yes.
Council Member Alexander stated that he was not in favor of not
beginning repayment of the loan, In regards to the Utility
employees, he felt the Council had to rely on the executives to
tell them how many employees were needed to provide electric
utility service in a safe, effective manner.
Council Member Perry stated that he would like Council to look
at all options regarding the Upper Trinity Regional Water
District instead of closing off the whole process. The Upper
Trinity was in an early stage of development and the Council
needed to preserve options with an open mind,
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City of Denton City Council Minutes
August 27, 1.991
Page 16
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Harrell continued that the wastewater rate increase was
proposed to be 158. The Public Utilities Board made a policy
recommendation that the way the City billed for sewerage usage
be changed to try and make it more fair. Currently the policy
was to take three winter months and average, The proposed
change was to take four winter months and eliminate the high
month. That would cost $194,000 on the revenue side. The
Public Utilities Board found additional cuts in the sewer
budget to be able to keep the rate at 158 and still accommodate
the $194,000 decrease. The rate could be dropped to 11.58
increase but the same average billing would be needed. Solid
waste was proposing no increase except for at the landfill for
outside users.
(6) Salary adjustments - would the adjustments be j
i effective October 1, 1991 or January 1, 1992.
(7) High tech requirements for police and fire - John Cook
and Mike Jez had stated that their number one capital 3
` improvement priority was a computer aided dispatch system
k which, unfortunately, was extremely expensive.
(8) Library computerization - the number one priority in
this area was the automation of the card catalog which would
cost approximately $311,000.
(9) Budget reserve level - new figures as of 10 months P
indicated that if the reserve were lowered to 108, $166,000
would be available. If the reserve were lowered to 98,
I
$449,611 would be available and if lowered to 88, $732,353
would be available. Harrell caut;ioned that the Council should 1
not rely too heavily on the fund balance, it would be difficult
k for next year as that money would not be available. Another
caution was where to find money for unexpected or expected
items such as the FAA grant which the City had to match
$1.00,000.
Mayor Pro Tem Hopkins stated that it also affected the City's
bond rating for future bond sales.
i
Council Member Trent asked if there was a break point on the
bond ratings.
John McGrane, Executive Director for Finance, stated that there
was no hard, fast rule but usually in the 8-108 range,
Reserves would be between one and a half months to two months
for expenditures, The bond agencies did not like to see a city
using the fund balance on a regular basis.
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City of Denton City Council Minutes
August 27, 1991
Page 17
1
(10) Reductions in growth related areas - over the last
three years in the Building inspections area, there were two
positions dropped which represented a decrease in 20% of the
employees in that department. In the Planning Department, 1..9
employees had been dropped which represented a 16% net drop in
that department and in the Engineering Department two positions
were dropped which was a total of four positions over the last ,
r three years. That represented a 15% reduction,
(11) Temporary hiring - Harrell stated that the hiring of
temporaries were a good buy as the City was not responsible for
benefits and the cost to the city was lower than if a full-time
person were hired, An in-house temporary service had been
started in the word Processing Department,
(12) Overtime - 55% of all the overtime pay was located in
the Police and Fire Departments in the General Fund, Those i'
were r;ndated costs with minimum manning schedules,
Council Member Trent questioned the overtime in the Parks and
Recreation Department.
i
j Steve Brinkman, Director for Parks and Recreation, stated that
much of that overtime was due to evening work on ball fields
and Saturday trash crews and ball field maintenance,
(13) Ten month balance - that item was included in the
discussion with the reserve level,
(14) Travel and seminar budget policy - the Council
adopted travel policy was included for back-up and Harrell
suggested that following budget discussion, the policy be
discussed at at work session,
(15) Recreation _,,rograms (self-supporting philosophy) - a
question had been raised to see if the recreation programs
mould be 60% self-supporting. That pos,~tion differed from
Council philosophy which was adopted two years ago. That
to be 100%
philosophy detailed
self-supporting, items Items mbe paid by Council l General wanted Fund and items
which were special interest which would be split. The first
area investigated was was it possible to do an overall across
the board fee increase to obtain the 60% level. Analysis was
that it would raise fees so high that the city would lose
participants and would be self-defeating. Such an increase
would nearly double fees to obtain the 60%. other areas looked
at included were there places where fees were not charged that
other cities were charging and was that a possibility, one
possibility was a facility user charge fee which would give the
City approximately $63,000, This would involve a user fee at
the rate of $12 per child per year and $24 per adult at all
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City of Denton City Council Minutes
August 27, 1991
Page 18
recreation centers. Another possibility was to increase the
administrative fee on programmed activities. Those types of
revenue options would give the City approximately $116,000,
Expenditure reductions were also looked at which would not
seriously impact programs. Those reductions would provide
$33,000. A target number was $350,000 which represented the
60%. A theraputic recreation program was offered which was
subsidized by the General Fund at $41,000. This program could
be eliminated which would bring the total to $191,000. That
was the best estimate for possible fee increase which would not
drive away participants and some possible expenditure
reductions. If the Council wanted to do more than that, then
the Council needed to look at some of the facilities offered {
and eliminate facility offerings.
Council Member Perry stated that he did not hear any public
i comment at the public hearing which would support the raising
of fees. He felt that in some cases, it might be better to cut
fees such as in the swimming program. There may have already
been children who were not able to use programs and may want to
make the programs more open which would increase usage,
Council Member Alexander stated that his son participated in
the swimming lessons this summer and that there were few other
participants in the program. He felt the reason might have
j been the cost of the program and felt that the City might
generate more revenue if some fees were reduced,
Council Member Perry stated that the Library was a City
facility which citizens could use for free and the usage
reflected that,
Council Member Smith stated that if Council deviated from
current Council policy to raise fees and not provide the
recreational and park services currently offered, that would
require a policy change on the part of the Council, She also
questioned the extensive work Parks and Recreation did on the
responses to questions. The amount of manhours and time and
paper that was spent, that the Council did not mandate to do
that,
City Manager Harrell replied that that was a problem which
needed to be addressed.
Council Member Smith felt that that issue should be addressed
at the earliest opportunity.
Council Members Chew and Alexander agreed.
Mayor Pro Tom Hopkins felt that some of those issues would best
he addressed after the budget,
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City of Denton city council minutes
August 27, 1991
Page 19
Council Member Chew felt that Council needed to discuss a
policy of giving direction to staff, He hmd a problem with one
person directing staff to prepare information that other
Council Members might not interested in.
Mayor Pro Tem Hopkins felt that another aspect would be that if
one Council Member was going to ask staff to prepare
information which would require a lot of work, there might need
to be a majority of the Council who agreed with that request,
i (16) Tennis
program (free enterprise) - the current program
was being subsidized by $49,000 which was coming from tax money
going in to support the program which cost approximately
$100,000, There were three options to raise the $49,000 in
f order to make the program self-~;u
fees. Staff did not feel that was porting. One was to raise
fees were currently competitive. Another cable possib ltihe current
privatize the operation which would mean that the C tyw would
not longer be involved in the program, put the facility up for
bid and have an individual run the facility under a contract
with tha City. An example had been used that the Cit of P
had succe y land
ssfull
run
~ Y a program which was privatized. Staff had
concerns as to whether that kind of program would make sense
for Denton due to the difference in demographics between Denton t
and Plano and the fact that the Plano facility was much more
extensive than Denton's. If the Council wanted
inves to seriousl
tigate the possibility, staff could y
specifications for bids, etc. The last option was rth
ear at eif tthe
he
Council did not want to subsidize the tennis program, then the
City should cancel the program.
i
Council Member Trent asked if anyone had investigated the Plano
program.
Betty McKean, Executive Director for Municipal Services and
Economic Development, stated that she had her staff visit the
facility last week. They did a square footage check, visited
with staff, visited with their Finance Department. They also
did a similar visit to a center in Dallas. She felt
feasibility would involve the kind of amenities and facilities
as was at the City of Plano and the way the bond program
financed the quality of the operation.
Council Member Trent felt that Plano did riot start out
immediately as they were today. That they grew into the
current program. That was the vision he had for Denton.
Council Member Perry indicated that if that idea were to be
pursued further, it needed to be done as a majority of the
council.
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City of Denton City Council Minutes
August 27, 1991
Page 20
Mayor Pro Tem Hopkins stated that it was a definite change in
philosophy including bond issues and what the citizens were
involved in. Denton was different than Plano.
i
Council Member Alexander felt that the City was not helping
citizens appreciate all the things the City was doing for them
such as the improvements at Evers Park. He felt ^itizens might
not understand that that facility was funded by bond money. He
f felt there needed to be strategies developed to help citizens
understand what they were getting for their money,
(17) Revenue vs, expenditure budget summary - a question
had been raised that there was a substantial excess of revenue
over expenditures for total budget. Most of the explanation
P for that was related to the TMPA rate rebate which the City was
hoping to receive, If the rebate materialized, another rate
adjustment might be possible on the electric side.
i ,
(18) Long range planning regarding water, etc, - a memo was
included in the agenda back-up regarding this issue.
(19) Budget Implications for Upper Trinity River - this was
a $400,000 decision which would be dealt more at the next
meeting.
(20) Building improvements-maintenance items - these items
were dealt with in the major issues report, in that report, it
was proposed that those improvements be done through
certificates of obligation. This was suggested as the length
of time on the bonds would be shorter than the bond issues put
out to the voters for approval.
Council then debated the Major Budget Issues Report.
(1) General Fund Balance - Typically there was an 8-108
reserve level. The budget was proposing to reduce the reserve
level by $550,000 to help balance the budget. Another
possibility was to reduce the fund to a 108 level which would
supply, another $166,000 for the budget.
Council Member Alexander stated that he would like to see the
level be around 103 but not go below that level.
Consensus of the Council was to lOwAr the fund balance to the
103 level which would add $66,848 to the budget and $100,000 to
be used for the Airport matching grant.
Council Member Alexander suggested a statement be included in
the budget document that it was the Councils policy to hold
the fund balance level at 103.
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City of Denton City Council Minutes
August 27, 1991
Page 21
(2) Fire station 46 - three options were originally
presented. A fourth option was later presented which would
hire nine fire fighters starting June 1992. The station would
be opened December 12, 1992 and when opened, Station One would
clone.
1
Hopkins motioned, Chew seconded to proceed with option Ik4. On
roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Smith
"aye," Chew "aye," Perry "aye,," and Mayor Castleberry "aye."
Motion carried unanimously.
(3) Ambulance placements at fire stations - the
recommendation in the budget was to upgrade all of the reserve
ambulances to front line ambulances and to purchase one
additional ambulance for the fleet.
Alexander motioned, Perry seconded to approve the
recommendation. On roll vote, Trent "aye," Alexander "aye,"
Hopkins "aye," Smith "aye," Chew "aye," Perry "aye," and Mayor
Castleberry "aye." Motion carried unanimously,
4 Demolition of sub6tandard structures - the
recommendation in the budget was to allocate an additional
i
$15,000 for the program which would supplement $15,000 from the
CDFSG funds,
City Manager Harrell reminded Council that there were more
restrictions associated with the use of the CDRG funds and if a
particular structure did not qualify, the city would not be
able to teat it down.
Perry motioned, Chew seconded to not approve the extra $15,000
' from the General Fund and only use CDBG funds. On roll vote,
Trent "nay," Alexander "aye," Hopkins "aye," Smith "aye," Chew
it aye," Perry "aye," and Mayor Castleberry "aye." Motion
carried with a 6-1 vote,
(5) Pay plan implementation - to implement plan
for January 1992 would require $143,000
implement the plan in October 1992 would require $47,940 in the
budget.
Mayor Castleberry asked if those employees receiving large
increases could receive them irr tiers instead of a lump sum.
City Manager Harrell stated that the Mayor had asked if some
type of arrangement could be made whereby tiers were set up for
increases for this y(.ir. Very few of the employees would be
affected but a statement may be made if that were done. If the
increase cut-off were at $4,000 12 employees would be
affected, If the figure went down to $3,000-$3,500 a few more
were affected, It would be approximately $17,000 worth of
savings at the $4000 level.
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City of Denton city council Minutes
August 27, 1991
Page 22
Chew motioned, Alexander seconded to implement alternative 41
phase
which awould be
bringn all the oposit ions only fund an
minimum
rate, effective January 1, 1992,
council further discussed the issue with the possibility of
deferring a decision until the next meeting.
I
Chew withdrew his motion and Alexander withdrew his second,
E
City Manager Harrell stated that if the cut-off were at $3,000,
1 $17,000 would be saved; at $3500, $11,959 would be saved; and
at $4,000, $8,288 would be saved. There was not a lot of money
saved by doing tier raises.
(g) Salary adjustments - the budget recommendation was to
give a 3% salary adjustment effective no later than January 1,
1992. The budget indicated that if an employee received an
increase to bring his salary to the minimum which was more than
3% that would be the total raise, if an employee received a
raise to minimum but it was not a 3% raise, he would receive
the extra to bring it to 3%. If an employee had a merit review
date between October 1 and January 1 and received a merit
review which exceeded 3%, he would not receive any other
adjustment. Any employee not in any of those categories, would
receive a 3% increase.
Mayor Castleberry e.aked about employees at the top of the range.
City Manager Harrell replied that the way the plan was proposed
was that this year would be a transition year. The new pay
plan and the pay for performance system would not happen until
the following year, The lroposed plan would allow those
individuals who were over the grade to still receive their 3%
b grade receive an
increase this year. Next
I,
increase until their salary fell awithin the would
Council Member Perry stated that he was ready to vote on both
item #5 and on item 06.
Petry motioned, Chew seconded to implement the plans as
proposed in the budget as of January 1, 1992. on roll vote,
Trent "nay," Alexander "aye," Hopkinmi h "aye,' Motion
41aye, " Perry "aye," and Mayor Castleberry
carried with a 6-1 vote.
(7) Benefits adjustments - this item was deferred to a
later discussion.
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Page 23
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(g) Revenues
A, property tax - this item was deferred to a later
discussion.
B. Sales tax - this item was deferred to a later
discussion.
C. Other Revenues
Planning and Inspections fees this was a
recommendation for a plan review fee.
E Alexander motioned, Chew seconded to implement the
recommendations of the budget proposal. On roll vote, Trent
"nay," Alexander "aye," Hopkins "aye," Smith "nay," Chew "aye,°
Perry "aye," and Mayor Castleberry "aye." Motion carried with
a 5-2 vote.
council Member indicated that h felt the Council was
sending a bad signal to those trying to locate a business in
Denton. '
Municipal court fees - this was a recommendation
E for increased fines for parking tickets.
i
Chew motioned, Alexander seconded to implement the budget
cecommandationa, On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Smith "aye," Chew "aye," Perry "aye," and Mayor
Castleberry "aye," Motion carried unanimously.
Parks and Recreation fees - this was a
recommendation for an increase in the swimming pool admission
fee.
Perry motioned, Chew seconded to not increase the fee to $1.25
and leave it at $1.00. On roll vote, Trent "nay," Alexander
"aye," Hopkins "aye," Smith "aye," Chew "aye," Perry "aye," and
Mayor Castleberry "nay." Motion carried with a 5-2 vote.
)
(9) Positions - the recommendation was to eliminate the
positions as indicated in the proposed budget.
Hopkins motioned, Trent seconded to implement the budget
III proposal. On roll vote, Trent "aye," Alexander "aye," Hopkins
"aye," Smith "aye," Chew "aye," Perry "aye," and Mayor
I Castleberry "aye." Motion carried unanimously.
(10) Other agency contributions
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City of Denton City Council. Minutes
August 27, 1991
Page 24
A. Human Services the recommendation was to keep
the funding at the same level of $115,600 and to not fund
health related agencies which would be AiDenton and the
G Prenatal Clinic.
Hopkins motioned, Trent seconded to accept the budget
recommendation including the health related Issues, On roll
vote, 'T'rent "aye," Alexander "aye," Hopkins "aye," Smith "aye,"
Chew "aye," Perry "aye," and Mayor Castleberry "aye," Motion
carried unanimously,
Council Member Perry stated that the Prenatal Clinic did much
more than the dollars allocated, Once the Council was clear of
the Flow issue, he would like the Council to reevaluate the
policy on health related issues.
p
Council Member Alexander stated that he would like to see a
certain amount of dollars designated for human services and
then rely on the Human services Committee recommendation for
1 the allocation of those dollars,
B. Transportation - the budget recommendation was to
keep the current level of funding and to not add $16,000
requested by SPAN.
i
Council Member Chew left the meeting,
Council Member Trent motioned to implement the budget
recommendation, Motion died for a lack of a second.
City Manager Harrell stated that $10,000 was needed to restore
non-employment related needs for Handi-Hop. The $6,000 was for
Senior and Public transportation. The $6,000 amount had riot
been researched as well as the $10,000 for needs.
Hopkins motioned, Alexander seconded to fund an additional
j $10,000 for Handi-Hop and deny the $6,000 for Senior and Public
transportation, On roll vote, Trent "nay," Alexander "aye,"
Hopkins "aye," Smith "aye," Chew "aye," Perry "Aye," and Mayor
Castleberry "nay." Motion carried with a 4-2 vote,
Council Member Chew returned to the meeting.
(11) Tax exemptions for persons over 65 - the budget
recommendation was to increase the exemption by another $1,000.
Trent motioned, Perry seconded to implement the budget
recommendation. On roll vote, Trent "aye," Alexander "aye,"
Hopkins "aye," Smith "aye," Chew "aye," Perry "aye," and Mayor
Castleberry "aye," Motion carried unanimously,
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City of Denton City council minutes
August 27, 1991
Page 25
(12) split tax payments - budget recommendation was to
eliminate the split tax paymant option.
Trent motioned, Chew seconded to implement the budget
recommendation. On roll vote, Trent "aye," Alexander "aye,"
Hopkins "aye," smith "aye," Chow "aye," Perry "aye," and Mayor
Castleberry "aye." Motion carried unanimously,
(13) Street Improvements - budget recommendation was to
maintain the current budget allocation and to investigate
calling a street bond election by January 1, 1992.
I
Hopkins motioned, Perry seconded to implement the budget
recommendation. On roll vote, Trent "aye," Alexander "aye,"
Hopkins "aye," Smith "aye," Chew "aye," Perry "aye," and Mayor
Castleberry "aye." Motion carried unanimously,
(14) Building Improvements budget recommendation was to
' allocate 1/4 of $.01 tax increase for debt service on
Certificates on obligation.
Smith motioned, Chew seconded to implement the budget
recommendation. On roll vote, Trent "aye," Alexander "aye,"
Hopkins "aye," Smith "aye," Chew "aye," Perry "aye," and Mayor
Castleberry "aye," Motion carried unanimously.
Council Member Alexander stated that he would like to see a
reevaluation of the issues later if possible, He would like to
do a larger amount if possible.
(15) Take home vehicle program _ budget recommendation was
to continue the individual assigned vehicle program.
i
Chew motioned, smith seconded to implement the budget
recommendation.
Council Member Trent asked if the City Attorney had reviewed
the memo prepared by Deputy City Manager svehla and what was
her opinion regarding the City's liability,
City Attorney Drayovitch stated that the liability was a risk
and whether the risk was worth taking was not her position to
decide,
Council Member Trent asked if the issue needed to be deferred
to the following week.
Council Member Chew stated that there had been much research
done on the issue and he was ready to vote.
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City of Denton City Council Minut os
August 27, 1991
Page 26
i
smith ll vote, Treat "nay," Alexander "aye,' Hopkins
aye. Chew aye,,, Perry "aye," and mayor Castleberry
"aye," Motion carried with a 6-1 vote,
l Mayor Castleberry asked that staff
liability issue, continuo to study the
1
i (16) Recreation program funding - no d
on this item, It was for discussion Purposes s only, was necessary (17) Internal Auditor - no decision was necessary on
this
item as there was no budget implications, The Finance
j Department would reorganize and provide for an internal auditor
i function,
P ~
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Mayor Castleberry suggested a vote on the matter,
Hopkins motioned, Trent seconded to proceed as suggested by
staff. On
roll vote, Trent aye, 11 Alexander "aye,' Hopkins
"aye." Smith "aye, 11 Chew "aye," Perry "na
and Mayor
Castleberry "aye." Motion carried with a 6-1 vote, 11
City Manager Harrell suggested deferring the major issues
@ section dealing with utilities until the following meeting.
Council then considered the issues listed in the budget
discussion items,
(1) Major budget issues - completed,
(2) Tax roll adjustments
1. Additional roll supplement increases
Alexander motioned, Hopkins seconded to implement staff
recommendation. On roll vote, Trent "aye," Alexander „aye,"
Hopkins "aye," Smith " "
Castleberry "a e." aye,, chew dye ~ Perry aye," and Mayor
Y Motion carried unanimously.
2. Health insurance adjustments
Smith motioned, Hopkins seconded to implement staff
' recommendation, On roll vote, Trent " „
Hopkins "aye," smith "aye," dye, Alexander. "aye,"
Castleberry "aye." chew "aye, Perry "aye," And Mayor
Y Motion carried unanimously.
3. $.01 ad valorem tax increase - this item was
deferred to a later meeting,
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City of Denton City Council Minutes
August 27, 1991.
Page 26
on roil vote, Trent "nay,'I Alexander "aye," Hopkins "aye,"
Smith "aye," Chew "aye," Perry "aye," and Mayor Castleberry
"aye.,' Motion carried with a 6-1 vote.
Mayor Castleberry asked that staff continuo to study the
liability issue.
(16) Recreation program funding - no decision was necessary
on this item. It was for discussion purposes only.
(17) internal Auditor - no decision was necessary on this
item as there was no budget implications. The Finance
Department would reorganize and provide for an internal auditor
function,
Mayor Castleberry suggested a vote on the matter.
Hopkins motioned, Trent seconded to proceed as suggested by
staff. On roll vote, Trent "aye," Alexander "aye," Hopkins
"aye," Smith "aye," Chew "aye," Perry "nay, 11 and Mayor
Castleberry "aye.!' Motion carried with a 6-1 vote.
City Manager Harrell suggested deferring the Major Issues
section dealing with utilities until the following meeting.
Council then considered the issues listed in the budget ~
( discussion items.
9S (1) Major budget issues - completed.
(2) Tax roll adjustments
i 1. Additional roll supplement increases
Alexander motioned, Hopkins seconded to implement staff
recommendation. On roll vote, Trent "aye," Alexander "aye,"
Hopkins "aye," Smith "aye,!' Chew "aye," Perry "aye," and Mayor
Castleberry "aye," Motion carried unanimously.
2. Health insurance adjustments
Smith motioned, Hopkins seconded to implement staff
recommendation, On roll vote, Trent "aye," Alexander "aye,"
Hopkins "aye," Smith "aye," Chew "aye," Perry "aye," and Mayor
Castleberry "aye." Motion carried unanimously.
3. $,01 ad valorem tax increase - this item was
deferred to a later meeting.
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City of Denton City Council Minutes
August 27, 1991
Page 27
4. Sales tax increase - options included $80,000
which was a larger base but due to a lower recent check, staff
was suggesting placing the amount around $30-40,000.
Alexander motioned, Smith seconded to place the amount at
$40,000. On roll vote, Trent "aye," Alexander "aye," Hopkins
t „aye," Smith "aye," Chew "aye, 11 Perry 11 aye," and Mayor
Castleberry "aye," Motion carried unanimously.
5. Flow Hospital - use $22,000 of that fund for the
budget,
Perry motioned, Chew seconded to implement staff
recommendation. On roll vote, Trent "aye," Alexander "aye,"
Hopkins "aye," Smith "aye," Chew "aye," Perry "aye," and Mayor
Castleberry "aye." Motion carried unanimously,
I
6. Contingency fund - this item was deferred to a
later meeting.
(3) Water Tower - this item was deferred to a later
meeting,
(4) Vacant positions - this item was deferred to a later
meeting,
i
(5) No rate increase in utilities - this item was deferred
S to a later meeting.
(6) Salary adjustments effective October 1, 1991 - this
i item was deferred to a later meeting.
(7) High tech requirements for police and fire departments
- Council felt this item could not be considered at this time
due to budget constraints.
(8) Library computerization - Council felt this item could
not be considered at this time due to budget constraints,
(9) Budget reserve level - this item had been decided
earlier.
(10) Reductions in growth related areas - no decision was
required, This item was for information purposes only,
(11) Hiring of temporaries - no decision was required.
This item was for information purposes only.
(12) Overtime - no decision was required, This item was
for information purposes only.
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City of Denton City Council Minutes
` August 27, 1991
Page 28
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(13) Ten month balance - no decision was required. This
item was for information purposes only.
(14) Travel and seminar budgets (policy) - no decision was
information discussion
required.
r suggestion
if council desired.
(15) Recreation program - current policy would continue.
(16) Tennis program current policy would continue.
Council E
• ; (17) Revenue vs. Exponditure budget summary
decided to footnote the budget regarding the TMPA figure.
(18) tong range plans regarding water, ate. - no deci+,ion
l was required. This item was for information purposes only.
I (19) Budget implications for the Upper Trinity - no
decision was required. This item was for information purposes
only.
(20) Building improvements/maint3nance - Council Member
Alexander proposed one-half cent be used instead of the
proposed one-quarter cent.
Council Member Chew agreed.
City Manager Harrell stated that if no other changes were made,
the tax rate would then increase by a quarter of a cent to
$.6876. Another option would be to change the sales tax rate
and pick up the dollars there.
Consensus of the Council was to adjust the sales tax rate to
accommodate the one-half cent for building needs.
The following was a list of the proposed balanced budget items:
Pro ra
Appraisal Adjustment -310,000 $-310,000
Fund Balance +66,848 -243,152
Demolition +15,000 -228,152
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City of Denton City Council Minutes
August 27, 1991
Page 29
Pool -81000 -236,152
i
SPAN -10,000 -246,152
Additional Roll +140,000 -106,152
Insurance +84,000 -22,152
Sales Tax +40,000 +17,848
,
Flow Hospital +22,000 .39,848
1/20 for repairs -48,000 -01 152
I Sales Tax Adjust. +8,152 -0-
Tax Rate of $.6851
With no further business, Hopkins motioned, Trent seconded to
adjourn. Motion carried unanimously.
i
BOB CASTLEBERRY, MAYOR
CITY OF DENTON, TEXAS
i
BETTY WILLIAMS
DEPUTY CITY SECRETARY
CITY OF DENTON, TEXAS
JENNIFER WALTERS~
CITY SECRETARY
CITY OF DENTON, TEXAS
3440C
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CITY OF DENTON CITY COUNCIL MINUTES
SEPTEMBER 3, 1991
The Council convened into the work Session at 5:15 p.m. in the
Civil Defense Room.
PRESENT: Mayor Castleberry; Mayor Pro Tem Hopkins; Council
Members Alexander, Chew, Perry, Smith and Trent,
ABSENT: None
1. The Council convened into the Executive session to
discuss legal matters (held a discussion regarding in re: Flow
and considered filing litigation against the State regarding
redistricting), real estate and personnel/board appointments.
Mayor Pro Tem Hopkins left the meeting during the discussion in
re: Flow,
2, The council received an interim report from and held a
i discussion with the Stormwater Utility Committee,
Bob Coplen, Chair-Stormwater Utility Committee, stated th%it the
Committee was made up of 15 voting members. They operated
under certain rules of operation which included a quorum of 753
of the members needed to be in attendance and a majority vote
was required to approve a motion. The Committee felt that
their charge was two fold, Phase I wab to determine if the
City should continue to fund the current drainage system
operation through the General Government Fund or establish a
utility and collect the : n 'nuee by assessing user fees, After
two half day work sessiorf:: the Committee voted 9 in favor and 6 P'
undecided to pursue the concept of a storm water utility and
reserved the right to continue the current funding method,
Phase 11 was to establish preliminary policy guidelines which
would be attached to the final recommendation if the Committee
felt that the City should pursue the establishment of a storm
water utility, After two half day meetings, the Committee made
the following preliminary decisions; (1) residential should be
charged as single family units, a fee would be assessed to the
occupant and if the property were vacant, the owner would be
assessed the fee; (2) mobile homes would be charged as single
family units, a fee would be assessed to the individual
responsible for the utilities, and if the owner were
responsible for the utilities, he would only be charged for
those lots occupied by a mobile home; (3) apartment fees would
be determined by a formula which would include the number of
units within the complex and the impervious acreage, a fee for
each complex would be calculated on an individual basis, a fee
would be assessed to the occupant, if he were responsible for
the utilities, and the fee would be assessed to the owner, if
the owners was responsible for the utilities, the owner would
have a limited liability regarding vacancies, in upcoming
meetings, the Committee would be considering commercial,
churches, universities, DISD and city/county/state buildings,
City of Denton City Council Minutes
September 3, 1991
rage 2
thasked if he e other tae gimpervious acreage formula
councilMember any Trent
was applied to
replied that the Committee started with a formula for
residential category but decided that it was not cost effective
for impervious acreage for residential categories. Outstanding
issues included exemptions, what should the fees cover, a
monthly rate as opposed to a tier schedule, limited h~aissuet
the
owner liability and how other cities were handling
Caplan summarized that there were would be two meetings to
i September and that the Committee hoped to finish
1 recommendations at that time. He cautioned that each decision
they made would be reviewed against previous decisionstrfor
consistency and fairness to each element of the City.
discussion on each item might delay the project,
! 3, The Council received a presentation, held a discussion
j'
and gave staff tentative direction regarding the proposed
1991-92 electric rate recommendations and related issues.
j
Bob Nelson, Executive Director for Utilities, statedheth Public
major electric issues which remained were (1)
Utilities Board's proposed 3% reduction in electric totlg7~lhKich
WH
would reduce the Energy Cost Adjustment from 1.9¢
effective October 1, 1991. it would save tho city's customers j
about $1.5 million and (2) vacant i
indicated currently there were 13 positions vacant which
I represented $379,000 in fiscal 1992.
City Manager Harrell stated that of those 13 positions, staff
I anticipated leaving 1and eleven positions epresented
j positions reprecented $300,000 $351,000.
Consensus of the Council was to pLoceed wit19the 3% reduction
of electric rates effective October 1,
Positions were to remain in the budget and unfilled as long as
The money for those positions would remain in
necessary.
reserve for a possible rate reduction later in the year.
i Item 44 and #5 were considered after the regular session,
The CoChambered Into the Regular Session at 7:00 p.m, in
the Council
Mayor Castleberry; Council Members Alexander,
PRESENT: Chew, Perry, Smith and Trent.
ABSENT: Mayor Pro Tem Hopkins
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City of Denton City Council Minutes
September 3, 1991
Page 3
1. Pledge of Allegiance
The Council and members of the audience recited the Pledge of
Allegiance.
Mayor Pro Tem Hopkins joined the meeting.
2. The Council considered approval of the minutes of the
Regular Session of July 23 and July 30, 199;
' Smith motioned, Alexander seconded to approve the minutes as
presented. On roll vote, Trent "aye," Alexander "aye," Smith
"aye," Chew "aye," Perry "aye," and Mayor Castleberry "aye."
Motion carried unanimously with Mayor Pro Tom Hopkins
j abstaining.
3. Citizen Reports
A. The Council received a citizen report from Joe
Dodd regarding the sign ordinance and a workable compromise.
Mr. Dodd stated that he felt there could be a workable
compromise worked out regarding the sign ordinance. One of
those solutions might be that if a sign were other wise legal,
i the replacement of comparable materials should be allowed. He
asked the Council to consider such an amendment.
j B. The Council received a citizen report from Dr,
Rosemary Killiam regarding Loop 288 and the neighborhood
situation.
Dr. Killiam presented a video tape of her property and the
proximity of the Loop extension to her property. She felt that
there was misinformation regarding the project, she had spoken
with representatives from the Highway Department who had
informed her that there would be no money available for a sound
barrier and that environmental studies were not planned. Rick
Svehla, Deputy Ciiy Manager had informed her that the studies
were going to be done. Svehla had thought that the project was
at least 100' from her property line and when he came out to
measure, it was under 60' from the northernmost property line.
The property owners in the area were not notified of the
project and she wanted answers on how the project would affect
the neighborhood.
Mayor Castleberry asked staff to make a summary on the issue.
Rick Svehla, Deputy City Manager, stated he had met with the
engineer in charge of the project and had been informed that
the Department was doing a study for sound barriers which was
one of the options presented by Dr. Killiam. He suggested the
parties involved meet with the Highway Department as they were
in charge of the project.
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City of Denton City Council Minutes
September 's, 1991
Page 4
Mayor Pro Tem Hopkins asked that the Council be kept informed
of further developments.
Mayor Castleberry presented a proclamation for Literacy
Volunteer Month,
4, The Council considered a request from Mo Joiner,
representing Denton Youth Football, requesting a release from
their past due obligations for 1990, reduced fees for 1991 and
the institution of a payment schedule for the remaining fees
for 1991,
Mr. Joiner stated that there was an economic crunch in Denton.
He was not asking for funding, He was asking for relief and
help to keep the program alive.
Council Member Perry asked if any fees were collected last year,
Joiner replied no, not from football. They had never paid them
in the past and hoped not to pay them this year in order to try
and keep the program alive.
j Council Member Perry asked if "never" referred to the beginning
of the program.
f
Joiner replied since the fee was implemented. He understood
that the Football League had never paid it the fee,
Council Member Smith asked Joiner what he specifically was
asking for from the Council,
Joiner replied that he was asking for a one year referendum
from the fees in 1992 to give the leagues a chance, He also
represented two baseball leagues, a soccer league and girls
softball in addition to football. If Council felt revenue
needed to come from the Parks after 1992, he would be willing
to discuss it, But he felt that the Council needed to give the
program a break. The programs were co-sponsored by the City of
Denton. They ran the programs for the City with volunteers,
Council Member Smith stated that Joiner was suggesting that the
City receive no fees from football nor any other organization,
Joiner replied not from anyone in the Parks. If the City ran
the program and funded the program, than it had the right to
set the fee, it the City was putting out money to run the
program, then it could set the fee, He was speaking for the
volunteer programs.
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City of Denton City Council Minutes
September 3, 1991
Page 5
council member Chew asked if Joiner was requesting the City
waive the fees for the Denton Youth Football.
Joiner replied yes.
City Manager Harrell presented the history of the issue. The
administrative fee began in 1983 during the cost of service
study done by an outside firm. At that point in time, the firm
recommended that the City institute a $15 activity fee which
would apply to any individual who happened to use a City
facility in connection with some kind of organized program such
as a craft program, in a recreation program, or a participant
in a youth sporting event, At that point the Council decided
that rather than have a $15 fee, a $5 fee would be assessed
which went into effect in 1983. When that was initially
applied, it was not applied to the athletic programs. The
+ reasoning for that was not clear but it was applied to al
other activities except for the athletic programs. That matter
was brought to the attention of the Council in the budget
discussion in 1989 and at that point in time, the council made
the decision to include the athletic programs. The reasoning
behind the administrative fee was to help the City recoup just
a small amount of the expenses incurred with general tax
! dollars to support the program. The maintenance costs for all
! athletic fields totalled approximately $175,000 per year. The
administrative charges from the athletic prog Thos other rog youth j
approximately $12,000 per year to the City,
activity programs in the community had paid and were up-to-date
on last year's administrative fee charges. The only group at
this point which still had not paid fees from last year was the
Youth Football program.' Current decision making of the Council
and in all the communications with all. of the youth sports
events, the City had been consistent in reporting the Council's
policy as adopted in budgets. That policy was that all
participants using all of the City's recr:ation facilities for
organized programs, senior citizens or recreation programs, the
$5 administrative fee was charged, Staff was needing direction
from Council, The Parks Department was getting ready to
schedule fields for Youth Football. They had not paid the fee
for last year. Staff needed to know how Council wanted staff
to proceed regarding that problem and what to do for the
pasur~ent year,
year rogarding fth h problem uwithttheaorgnumber of anization times this
an hadministrative cost of $5qure of
nand the Manager Perry stated
$40
City Manger Harrell replied that Joiner was probably talking
about their entire fee.
~ryryryryryryi
4 City of Denton City Council Minutes
September 3, 1991
Page 6
1
Joiner stated that the fee to play football was $40. That was
what they paid for the program and none of the money came from
the City. The parks were maintained by the city but when the
citizens passed the bond election, he thought that's what they
were for, for the kids. He did not disagree with the fee. He
was just in a budget crunch just like the City and had no other
way. The money they had been paying in did not go to help the
parks, it went in the General Fund, If t'ie City needed to draw
money from the park, it should be put back for those kids. He
wanted tho council to understand that there was an economy
switch in this City. In previous years ho could raise all the
money he needed for the program, That was not the case any
longer. They could not raise the funds, stay alive and pay the
City fees, They were asking for some sort of relief for
1991-92 fees to try to save the programs. He did not think
Dixie Boys Baseball had paid their fees,
Council Member Trent asked for the amount due from the
organization.
City Manager Harrell replied that last year's fee totalled
approximately $1250 - $1307 giving them credit for scholarship
' awarded,
council Member Trent stated that at the most $1300 was due from
the organization,
f
City Manager Harrell replied correct.
Council Member Trent stated that he supported what Joiner was
asking. In all fairness to that program, the Council needed to
grant him relief because last week it was indicated by Council
that they were willing to subsidize other sports programs by as
much as $40,000 per year, To be consistent, he felt the
Council should support Joiner in his request.
Trent motioned, chew sec n.3ed that the Council should go on
record indicating that it was going to provide Denton Youth
Football with the relief requested for the funding of past
years to include 1991.
Mayor Castleberry questioned was the relief for 1991 or for
past fees,
Trent indicated that as he understood the item, relief was
sought from past due obligations for 1990 and reduced fees for
1991 to include whatever was remaining for 1991,
Mayor Castleberry asked if that was part of Trent's motion,
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September 3, 1991
Page 7
Council Member Trent replied yes,
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Mayor Pro Tem Hopkins stated that she had no problem if the
Council decided not to charge the fees. But she did have a
problem in relieving Mr. Joiner and continuing to charge the
other programs, If Youth Football did not pay the fees from
w last year, then the Council needed to rebate everyone else who
did pay the fee. The fee would not be in the next years budget
but the amount would have to be made up to give back to the
other organizations. It was not fair [or the Council to treat
1 I them any di£Eerently, The administrative fee did not cover the
f cost, it simply helped pay back in a little toward the
administrative fee. She did not have a `
problem with asking the
Park Board to review the issue. She felt it was grossly unfair
to expect everyone else to pay the fee and not expect Football
to pay it,
Council Member Alexander asked for a point of order. He was
not sure Council could deal directly with the issue as it might
only be an information item, He felt it was a larger policy
issue than just for the Football Association.
Debra Drayovitch, City Attorney, stated that wording on the
agenda permitted the Council to discuss the item and take
action. She stated that the decision did have other
implications, one of which would be that it would set an
example to other organizations which had paid the fee and could 1
possibly affect the City's ability to collect the fees in the
future.
Council Member Trent withdrew his motion based oA Council
f discussion to allow furthsr investigation.
Council Member Perry asked if the issue had any bearing on the
$40 fee that was charged to oa^h child.
Joiner replied no, that was what it took to raise and run the
program. The $40 fee was what was used to run the program, pay
for the umpires, the trophies, etc,
Council Member. smith asked where the additional money to run
the program came from.
Joiner replied that part of it came from sponsors. If a parent
could not afford the $40, the child was enrolled anyway.
Council Me-,ber Chew withdrew hie second,
Mayor Castleberry questioned Joiner that the organization was
collecting fees now which would be a part of the $5 fee toward
the city fee,
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September 5, 1991
Page 8
Joiner replied yes that the organization was collecting the $40
fees now.
Mayor Castleberry asked if part of that $40 was the City fee.
uch what the City was wanting
' Joiner replied that It wasitpart
but that they did not count
Council Member Perry asked what tho $10 fee represented.
Joiner replied that it covered a $ersey, officials, cheer-of Es,
pompoms, the entire program. He stated that he was not
prepared to itemize where all the honey went but he could give
Council a financial statement showing that it was spent. The
organization spent $4,000 more that it had last year. That's
why he took the program over in debt,
Consensus of the Council was to discuss the item further at a
later Council meeting.
l
i gamitysManager Harrell asked if
the organization until the Issue wasrd cided schedule
theh items onratheo next P Council
forConsensus
the sorgof the anization nand place to
agenda.
5, Public Hearings
A. The Council held a public hearing and cons,xjered
adoption of an ordinance amending the boundaries v[ the
oak/Hickory Historic District to exclude three houses on
property located at 604 W. Hickory, 602 W. Hickory and 109
Williams, (Planning and zoning Commission, at its July 25,
1991 meeting, recommended denial. 4-3 Vote)
The Mayor opened the public hearing,
Sally Mudd, owner of the properties, stated that the houses
were old but did not consider them historical, The houses were
included in the Historic District and she would like to have
those houses excluded from the District. The area of the
District where her houses were located was not particularly
historical with apartments and office buildings in the nearby
area, She did not feel the houses belonged in the Historic
District. She wanted to repair the houses with vinyl siding
and would sot be able to do so if they remained in the
District. She would have to paint them instead of using the
siding.
City of Denton City Council Minutes
September 3, 1991
Page 9
Council Member Trent stated that the Planning and Zoning
Commission had denied the request and felt that by allowing the
` properties to be excluded would damage the integrity of the
Historical District.
Mudd replied that if her houses were in a different block, the
situation would be entirely different. She did not ask to be
included in the District and felt it had lowered the value of
her land.
Mayor Castleberry asked if Mudd wanted to be a part of the
District.
E Mudd replied no.
E Mayor Castleberry asked her if she had ever taken advantage of
any of the tax advantages.
Mudd replied that she did not know about those benefits and
} felt that the Historic Landmark Commission should have some
f type of guidelines for people who were in the District. There
Il were many restrictions being in the District which she did not
know about.
Council Member Perry asked Mudd if she was now aware of tax
benefits.
Mudd replied she was aware somewhat but had not pursued that as
of yet. she stated that her house on Williams Street was very
f close to an apartment house which was not included in the
District. She felt that was unfair.
Council Member smith asked how long it would be before the
houses would meet the historical age limit.
Mudd replied that she did not know. Her houses were old frame
rent houses which were built in the late 194u's. she wanted to
fix the houses so that she would not have to paint them every
four to five years. She would not change the houses but could
not afford to paint them every four to five years.
Mayor Castleberry asked if she wanted to put siding on the
houses.
Mudd replied yes.
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City of Denton City Council Minutes
September 3, 1991
Page 10
Mike Cochran spoke in opposition. He felt it was more
important to the community to preserve the Historic District
than to exclude the houses from the District. Not wanting to
paint the houses was not an important enough reason to exclude
them from the District. Denton's Historical District included
a wide range of houses and styles of architecture. These three
houses were a dominant style of post-war era and did have a
value. Painting as opposed to vinyl siding would detract from
the District and would change the lines of the houses. He
asked the Council to vote against excluding the houses and
preserve the Historic District.
Council Member Smith asked if the house immediately to the west
I of the Mudd property was the same type of style.
Cochran replied yes that it had some transition styles in it.
i
Council Member Smith asked if that ho-,se was within the
District.
M Cochran replied yes.
Council Member Trent asked if Cochran's basic opposition was to
the materials requested to renovate the house.
Cochran felt that that issue was separate, The main issue was
the removal of the houses from the District. According to all
of the preservation briefs he had read, siding covered over the f
j detail of the house which gave it its definition. The houses
had not been painted for probably 10 years and wood homes need
painting morn than that. He asked if it were a compelling
reason to not want to paint the houses to threaten the
integrity of the Historic District.
The Mayor closed the public hearing.
Jane Biles, Main Street Manager, stated that on May 29, 1991,
the Mudd's applied to the Historic Landmark Commission for a
Certificate of Appropriateness to apply vinyl siding to their
houses. The application was denied with a unanimous vote. The
ordinance stated that existing wood facades must be preserved
as wood facades. Instead of appealing their certificate of
appropriateness, the Mudd's requested to have their properties
removed from the District. The Historic Landmark commission
denied the petition for removal as did the Planning and Zoning
Commission. Biles presented slides of the area which showed
the properties in question as well as similar style houses
which had been renovated, As the Planning and Zoning
commission had denied the petition for removal, six Council
votes were required to approve the petition. Denton's Historic
District was recognized on a state level as in encompassed a
variety of styles of residential homes.
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City of Denton city council minutes
September 3, 1991
Page 11
Mayor Castleberry asked if the lawyer's building on the corner
of Denton and West Hickory was in the Historic District,
Hiles replied yes it was included. In terms of drawing
boundaries, it was best to keep the lines contingent. There
were some buildings in the District which did not have historic
value.
Mayor Castleberry asked if that was a reason for building it In
the Historic District,
i
Frank Robbins, Executive Director for Planning, stated that the
buildinq had been built before the District was formed.
Mayor Castleberry asked about the apartment building on
Williams Street.
Robbins replied that the apartment building on Williams and
West Oak was not in the Historic District.
i
Council Member Alexander stated that one of the primary i
motivations for the (,onfiguration of the lines was that
f reasonably straight lines were trying to be formed, It was
recognized that not all properties within the District had
equal historic value.
Council Member Trent asked if there were any other requests
like the Mudd's who were in the Historic District and who were
asking to be excluded from that District,
Hiles replied that staff had called several cities to try and
j find out how they had handled similar problems and did not find
any situations of individuals requesting to be removed from the
District.
Council Member Trent questioned what would be the problem if a
section of the District were out out for someone who did not
want to be a part of the District.
Hiles replied that it would set an example for other
individuals to request to be excluded.
Mrs, Mudd was allowed a five minute rebuttal. she stated that
she did not have old historic houses. She had older homes
which she wanted to fix up. The difference between painting
the houses and installing the siding was $4,000. The vinyl was
more expensive but would not require the maintenance that
painting would, She did not feel these houses belonged in the
District.
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City of Denton City Council Minutes
September 3, 1991
Page 12
Hopkins motioned to exclude the homes from the Historic
District, and pass the ordinance presented due to the fact
that removing
I
District. If them did not remove anything in the middl of the
middle of the District, she would feel differently, Smith
h seconded the motion,
j Coun,.il Member Alexander stated that he would vote against the
1 motion. He felt the Council needed to look at the long term
effect of excluding properties from the District, He felt that
to exclude the homes would change tha nature of the District,
On roll vote, Trent "aye, Alexander 'Ina y,11 Hopkins "aye If
Smith "aye," Chew "nay,' Perry "nay,' and Mayor Castleberry
r i "aye," Motion failed with a 4-3 vote as six affirmative votes
were required.
r
6. Consent Agenda ,
i
Perry motioned, Hopkins seconded to approve the Consent Agenda
as presented. On roll vote, Trent "aye," Alexander "aye,"
Hopkins "aye," Smith aye, Chew "aye," Perry "aye," and Mayor
Castleberry "aye." Motion carried unanimously,
1. Bid 01266 - Cleaning of Boiler Electric
Production
2. Did #1272 - Distribution Transformer
3. Bid #1275 - Infrared Imaging System
4. Bid 01278 - Tire Cutter
7. ordinances
i
A. The Council considered adoption of an ordinance
accepting a competitive sealed proposal and awarding a contract
for the purchase of materials, equipment, supplies or services.
(6.A.1. - Bid #1266, 6.A.2. - Bid 01272, 6.A.3. - Bid 01275,
6.A.4. - Bid #1278)
The following ordinance was considered:
NO, 91-135
AN ORDINANCE ACCEPTING A COMPETITIVE SEALED PROPOSAL
AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS,
EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING FOR AN
EFFECTIVE DATE.
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September 3, 1991
Page 13
Chew motioned, Hopkins seconded to adopt the ordinance. On
roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Smith
"aye," Chew "aye," Perry "aye," and Mayor Castleberry "aye."
Motion carried unanimously.
B. The Council considered adoptl.on of an ordinance
authorizing the City Manager to execute a contract between the
City of Denton and J. Robert McLain r6lating to consulting
services. (The Public Utilities Board recommended approval.)
Howard Martin, Director of Environmental Operations and
Financial Administration, stated that the original contract
with Mr. McLain was based on 249 hours of consulting services
for $9,960. Due to several factors, the rate study was not
completed within the original contract value. An addendum to
the contract of $4,040 was necessary to compensate the
consultant for the additional work on both the cost of service
study and rate design. This year a base-extra capacity
modeling was used and required extra time. Once the
recommendations were made, the Public Utilities Board requested i
the staff and consultant review additional options for the
Board's consideration.
Mayor Castleberry asked if this was a miscalculation on the
part of the consultant.
Martin replied no that fifty three hours were additional hours
requested by the Public Utilities Board and sixty four hours
were additional hours training staff on how to use the computer
model.
Mayor Castleberry asked if this was additional work requested
beyond the original contract or did the consultant error in his
estimation of the time required on the project,
Martin replied that fifty three hours were due to additional
time requested by the Public Utilities Board and sixty four
hours were required to help staff utilize and learn how to
utilize the computer modeling so that in future years, when the
rate design was done, staff would be able to utilize the
computer modeling and develop the components needed to use the
system,
Council Member Trent stated that what the consultant had done
differently added up to the additional hours.
Martin replied yes that the sixty four hours was additional
work that had been done in the past,
Council Member Trent asked if this was a new concept which had
been implemented,
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City of Denton city council Minutes
September 3, 1991
Page 14
Martin replied that it was not entirely a new concept but it
did go into much more detail than had been done in the past.
The following ordinance was considered:
NO. 91-136
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT BETWEEN THE CITY OF DENTON AND J. ROBERT
MCLAIN RELATING TO CONSULTING SERVICES; AUTHORIZING
THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN
EFFECTIVE DATE.
Hopkins motioned, Chew seconded to adopt the ordinance. On
i
roll vote, Trent "nay," Alexander "aye," Hopkins "aye," Smith
"aye," Chew "aye," Perry "aye," and Mayor Castleberry "nay."
f Motion carried with a 5-2 vote.
C. The Council considered adoption of an ordinance I
retaining the lawfirm of Lloyd, Goselink, Fowler, Blevins add
Mathews, P.C. to represent the City of Denton in connection
1 with the City's contract for water service to the Upper Trinity
Regional Water District. (The Public Utilities Board
recommended approval.)
Bob Nelson, Executive Director for Utilities, stated that
several months ago the City had entered into a contract faith
the firm to review the contracts of joint participation with
the Upper Trinity Regional Water District for the Ray Roberts
Treatment Plant. After reviewing the issues raised by the firm
the Council expressed concern about entering into a joint
ownership agreement with the UTRWD and directed staff to
discontinue joint ownership contract negotiations but determine
from the UTRWD if they would be interested in a wholesale
contract, Staff visited with the General Manager, Officers and
some other members of the UTRWD, and they had generally
expressed that they would prefer a joint ownership approach,
but would consider a wholesale contract if a joint ownership
contract was not possible. The City had wholesale water
contracts with other, entities and the staff had already
modified those contracts in draft form in the process of
developing the joint ownership e4ntract. Staff felt it was
important to seek outside legal assistance on such a wholesale
contract if the Council authorized the staff to pursue
negotiations for the wholesale concept.
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Ciry of Denton City Council Minutes
September 3, 1991
Page 15
Mayor Castleberry asked if the firm would only be looking at a
wholesale contract,
Nelson replied correct. The contract had a basic form but
would need to be refined,
City Attorney Drayovitch stated that to bring n the final
wholosalo contract would not cost the entire amount, The
amount would include negotiations and funds for a possible
reexamination of a Joint ownership if necessary,
j Mayor Pro Tem Hopkins felt it was very important for staff to
work with the outside attorney develop the contract for the
i City as they would draft it in terms which would be best for
the City,
r ;
The following ordinance was considered;
f
NO. 91-137
AN ORDINANCE OF THE CITY OF DENTON RETAINING THE
LAWFIRM OF LLOYD, GOSELINK, FOWLER, BLEVINS AND
MATHEWS, P.C. TO REPRESENT THE CITY e)F DENTON IN
CONNECTION WITH THE CITY'S CONTRACT FOR p{ATER SERVICE
TO THE UPPER TRINITY REGIONAL WATER DISTRICT; AND
PROVIDING AN EFFECTIVE DATE,Hopkins motioned, chew
seconded to adopt the ordinance.
Hopkins motioned, Chew seconded to adopt the ordinance,
I{ Council Member Alexander felt that there had been a consensus
f reached by the Council that they would not actively pursue the
idea of a joint ownership arrangement but would pursue the
wholesale arrangement. The Council did not say that it would
never look at the limited partnership arrangement. He had
concerns about the original proposal as it was initially
presented and had not changed his mind on those points, He did
feel it was important, in the spirit of regionalism and
cooperation, that the City at least explore whether or not the
Upper Trinity was willing to deal with the city on terms which
the City felt were acceptable,
Council Member Trent felt that it was not necessary to have
lawyers represent the City in its initial discussions with the
Upper Trinity t•.o find out if they were interested in any other
type of arrangement,
Council Member Alexander felt that the key point was the need
to discuss the issue again even before discussion with the
Upper TI.inity in order to define the minimal points the City
would esquire in a contract.
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September 3, 1991
Page 16
City Manager Harrell stated at a previous work session, four
alternatives had been presented to Council - (1) the joint
ownership concept, (2) a limited joint ownership which would
take out the most objectionable portions of the joint ownership
contract, (3) wholesale contract and (4) do nothing. Tentative
decisions made by Council at that meeting were to not proceed
any further with the joint ownership concept. There was some
willingness to look at the wholesale contract concept but to
not go ,-t~ back to the Austin attorney until staff had checked
with the Upper Trinity to determine that they would be
interested in a wholesale arrangement. Staff had done that
checking and the Upper Trinity was somewhat receptive. Staff
now required authority to return to the Austin attorney to draw
up the contract, once that contract was presented, it did not
preclude the Council to reconsider its earlier decision. If
the Council wanted to reconsider the limited joint ownership
i and wanted to proceed with that option, there was not too much
l more legal work which needed to be done.
i
I City Attorney Drayovi*ch stated that even if the Council
returned to a consideration of the limited joint ownershi.-,)
contract, the joint ownership contract included a reference to
a separate wholesale contract which would be needed in any
decision by the Council.
Council Member Smith felt that in Council discussion a regional
water plan outlook had been maintained. The Council did not
feel it should go its own way, it was trying to work out a
regional plan.
Council Member chew stated that the only option the Council
ruled out was the joint ownership arrangement,
Council Member Perry stated that the Council had also discussed
the possibility of discussing the options with representatives
from the Upper Trinity when it was appropriate.
On roll vote, Trent "aye, Alexander 11,,iye," Hopkins "aye,
Smith "aye," Chew "aye," Perry "aye," and Mayor Castleberry
"aye," Motion carried unanimously.
Council Member Trent was not present following a short rc. ess,
8. Resolutions
A. The Council considered approval of a resolution
to adopting Cable Television Public Access Rules. (The Cable
Television Advisory Board recommended approval,)
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City of Denton City Council Minutes
September 3, 1991
Page 17
Bill Angelo, Director of Community Services, stated that the
Cable TV Board had been working Sammons Communications to
define public access rules. This resolution would maintain
local origination programming.
The following resolution was considered;
NO. R91-055
A RESOLUTION OF THE CITY OF DENTON, TEXAS ADOPTING
CABLE 'T'ELEVISION PUBLIC ACCESS RULES AND DECLARING AN
EFFECTIVE DATE.
Alexander motioned, Smith seconded to approve the resolution.
On roll vote, Alexander "aye," Hopkins "aye," Smith "aye," Chew
'raye,11 Perry "aye," and Mayor Castleberry "aye,
Motion r
carried unanimously,
Council Member Trent returned to the meeting,
i
B. The council considered approval of a resolution
leasing parking spaces located on the Williams Trade Square,
i i
j The following resolution was considered.
I. I
NO. R91-056
! A RESOLUTION LEASING PARKING SPACES LOCATED ON THE.
WILLIAMS TRADE SQUARE AND DECLARING AN EFFECTIVE DATE.
Hopkins motioned, Chew seconded to approve the resolution. On
roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Smith
t
"aye," Chew "aye," Perry "aye," and Mayor Castleberry "aye."
Ir Motion carried unanimously.
C. The Council considered authorizing the Mayor to
execute an agreement between the City of Denton and the cities
of Bridgeport, Bryan, Denton, Garland and Greenville, Texas for
the sale and purchase of wholesale electric service. (The
Public Utilities Board recommended approval.)
Bob Nelson, Executive Director for Utilities, stated that this
was a contract for selling wholesale capacity to a nearby
city, other cities Denton had contract with included college
Station (100,000-110,00OKW), Farmersville (5000 KW), Bowie
(8,000-9,000KW) and now Bridgeport (9,000KW), The contract
included a provision where Denton would build part of the
substation and would receive an additional $1,25 for the
substation. The rate had been designed to sell power and
energy to Bridgeport at a price equal to the average coat of
power and energy of the four Texas Municipal Power Agency
cities. The contract provided Bridgeport the option. to become
a member of the Texas Municipal Power Agency or another joint
action entity created by one or more of the Texas Municipal
Power Agency cities,
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City of Denton City Council Minutes
September 3, 1991
Page 18
j
The following resolution was considered;
NO. R91-057
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITIES OF
BRIDGEPORT, BRYAN, DENTON, GARLAND AND GREENVILLE,
TEXAS FOR THE SALE AND PURCHASE OF WHOLESALE ELECTRIC
SERVICE; AND PROVIDING AN EFFECTIVE DATE.
1 Perry motioned, Hopkins seconded to approve the resolution. On
roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Smith
"aye," Chew "aye," Perry "aye," and Mayor Castleberry "aye."
Motion carried unanimously.
3 ,
D. The Council considered approval of a resolution
authorizing the Mayor to execute an agreement between the Texas
Municipal Power Agency and the cities of Denton, Byran, Garland
and Greenville, (The Public Utilities Board recommended
3 approval.) i
I ~
Bob Nelson, Executive Director for Utilities, stated that the
agreement would allow for distribution of revenues collected
for the sale of power and energy to Farmersville. To date,
TMPA had been billing Farmersville without an administration f.
charge. The agreement would make TMPA the administrator for
the billing and to pay TMPA a $300 monthly fee, It also
provided the method for distribution of revenues among the four
cities and the method used to amortize the construction cost
over a five year period.
The following resolution was considered,
NO. R91-068
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT BETWEEN THE TEXAS MUNICIPAL POWER AGENCY AND
THE CITIES OF DENTON, BRYAN, GARLAND AND GREENVILLE,,
j AND PROVIDING AN EFFECTIVE DATE,
Alexander motioned, Hopkins seconded to approve the
resolution. On roll vote, Trent "aye," Alexander "aye,"
Hopkins "aye," Smith "aye," Chew "aye," Perry "aye," and Mayor
Castleberry "aye," Motion carried unanimously.
9. Miscellaneous matters from the City Manager.
A. The Council considered and discussed possible
j road projects for the county bond issue and gave
staff direction,
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City of Denton City Council Minutes
September 3, 1991
Page 19
! Rick Svehla, Deputy City Manager, stated that the County was
considering holding a bond election for road improvements.
Commissioners Hill and Cole had requested the City supply them
with projects which the City thought would benefit Denton and
also the County. A tentative list had been sent to the County
with the understanding that the Council needed to finalize the
list. The list included roads which were not in the City or if
I they were in the City, were on the outer extremes.
After discussion, Council consensus was that the list presented
was acceptable with the inclusion of Highway 2499. That list
included: (1) Mayhi7.1 Road - Colorado to Highway 380; (2) Jim
Crystal Road - Masch Branch to I-35; (3) Hickory Creek Road -
Teasley to F,M. 1380: (4) Ryan Road - F.M. 1830 to Teasley; (5)
Ferris and Hartlee Field Roads - Kings Row to Sherman Drive;
Jf (6) Underwood Road - Airport Road to F.M, 2449; (7) Robinson
Road - Teasley Lane to State School Road; (8) Country Club Road
- U.S. 377 to F.M, 1830.
10. There was no official action on Executive session
items discussed during the Work Session Executive session,
11. New Business j
The following item of New Business was suggested by Council f
Members for future agenda items:
I
A. Council Member Trent asked for a report on recent
security problems at the Municipal Airport.
The Council did not meet in Executive session during
12.
the Regular session.
j Following the conclusion of the Regular Session, the Council
reconvened in the Civil Defense Room.
Item 04 from the Work Session was considered,
4. The Council received a presentation, held a discussion
and gave staff tentative direction regarding proposed 1991-92
solid waste rate change recommendations and related issues,
Bill Angelo, Director of Community Services, stated that there
were two issues which remained unresolved relative to the solid
waste budget, one was the proposed rate increase in the
landfill rates for outside users and the second was the
Citywide curbside recycling program.
Council Member Perry asked who were the outside users of the
landfill,
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City of Denton City Council M'-111tes
September 3, 1991
` Page 20
Angelo replied TWU, UNT and Texas Waste Management were
examples of outside users of the landfill,
Perry motioned, Chew seconded to proceed with the proposed rate
increase. On roll vote, Trent "aye," Alexander "aye," Hopkins
°aye,1' Smith "aye," Chew "aye," Perry "aye," and Mayor
Castleberry "aye." Motion carried unanimously.
f Angelo stated that there was a concern regarding expanding the
recycling program. The degree of participation in the current
program was good and the amount of waste stream reduction in
that particular area was better than the national average for
j similar communities. over the course of the last several
months there had been changes in technology and legislation
! which caused concern for expansion of the program, Expansion
of the curbside recycling would require a mate increase of
$1.20 per month per customer. This option would have a volume
reduction of 2,7% at the landfill and extend the landfill life
by 1.5 months, Other options were separation facility which
would handle residential trash only. This would have a volume
reduction of 10,8% and extend the landfill life by 6.5 months.
j Residential and commercial separation facility would have a 40%
reduction and add two years of life to the landfill. Refuge
derived fuel would have a 85% reduction and add 4.2 yearp of !
lire to the landfill. There was a concern about what to do.
with the current program. Whether to continue the program at
the same location, move the location or discontinue the prcgram.
Mayor Pro Tem Hopkins Celt that the program should not be
increased at the present time. If the program were to
continue, she felt it should be in a different section of the
City if it would not be too expensive to change locations.
!
Council Member Smith pointed out that moving the location would
require the expense of educating the neighborhoods about the
program, She felt that the Council would not want to send a
false signal by stopping the program.
Council Member Alexander pointed out the new legislation which
was passed which would require cities to reduce waste by 40% by
1994. It might be wise to establish a task force to look at
alternatives.
Nelson asked if the council could wait until the exclusive
commercial service had started and then move on such a task
force.
Smith motioned, Alexander seconded to continue with the current
program until the Utility Department felt it was important to
begin a task force to study the alternatives, on roll vote,
Trent "aye," Alexander "aye," Hopkins "nay," Smith "aye," Chew
"nay," Perry "aye," and Mayor Castleberry "aye," Motion
carried with a 5-2 vote,
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City of Denton City Council Minutes
September 3, 1991
Page 21
The Council received a report, held a discussion and
gave staff tentative direction regarding the 1991-92
water/wastewater rate study and related issues.
Howard Martin, Director of Environmental operations and
Financial Administration, stated that there were several issues
j still outstanding for the water /wastewater budget which staff
needed council direction,
The rate study conducted this year indicated an 11,77% increase
rr was needed across the board in the water area with a five block
rate increase. The Public Utilities Board recommended a 10%
increase which would keep the same block increase. Martin
presented options to reduce the rate further, Those included
I (1) shifting the economic development plan lines from current
revenue to bond funds, (2) increasing debt interest (13.41%
rate increase), eliminating a proposed supervisory position at
the water treatment plant (13.09% rate increase), (3) reduce
the painting of the water tower by establishing a fund of
$100,000 this year and $100,000 next year for the project
i (12,20% rate increase), (4) postponing the demolition of two
! wells (11.40% rate increase), (5) reducing miscellaneous
i waterline replacement from $311,000 to $100,000 (10.51% rate
II increase), (6) reducing waterlines street program from $216,000
to $55,000 (10.03% rate increase, (7) reducing the repayment of
the loan to the Electric 'uepartment from $500,000 to $265,000
(7.49% rate increase) and (6) eliminating the repayment of the
loan to the Electric Department (5,59% rate increase),
Council held a lengthy discussion regarding these options and
the effects on the community,
Trent motioned, Castleberry
seconded to approve the Public Utilities Board recommendation of a rate increase of 10.03;
which included options #1•46 as presented above. on roll vote,
Trent Faye," A18XdndAC "nay," Hopkins "nay," Smith "nay," Chew
"nay," Perry "nay," and Mayor Castleberry "aye," Motion failed
with a 2-5 vote,
Chew motioned, Hopkins seconded to hold the water rate increase
to 11.40% which reprassnted options #1 - #4 of the options
presented above. On roll vote, Trent "nay," Alexander "aye,"
Hopkins "aye," Smith "aye," Chew "aye," Perry "aye," and Mayor
Castleberry "nay." Motion carried with a 5-2 vote.
Martin stated that wastewater issues which were still
outstanding were the level of rate increase and the methodology
for calculating the wastewater volume charge.
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City of Denton City Council Minutes
September 3, 1991
Page 22
The Public Utilities Board recommended a 15% rate increase, but
had an option of an 11.5% rate increase provided there was no
change in the methodology of determining the wastewater
volumes. The Public Utilities Board a recommending using The
four month average and discarding the highest month.
present means of calculating used an average of the three
winter months.
Trent motioned, Chew seconded to continue with the current
methodology of using three months to establish the wastewater.
On roll vote, Trent "ays,41 Alexander "nay,"
~ volume charge.
' Hopkins "aye," Smith "aye," Chew "aye," Perry "nay," and Mayor
j Castleberry "aye." Motion carried with a 5-2 vote.
E
Following the conclusion of the Work Session items, Council
I
ii considered the following item;
`n 1. The Council held a discussion and gave staff direction
regarding budget issues for the 1991-92 fiscal year,
` City Manager Harrell stated that the last item of budget
the staff Is pledge to return to the decisions
I
deliberations was
~
thus far made regarding the General Fund allocations, Those
decisions included:
Shortfall due to property value $(310,000)
t Use of additional General Fund reserve 66.898
(243,152)
Eliminate General Fund Demolition of Substandard 15.000
Structures (228,152)
_ 6 000
Eliminate Increase in Pool Fee Pevenue }
(236,152)
Additional funding of SPAN 1j10 `00)
(246,152)
Additional Tax Roll Supplement 140,000 (106,152)
Decrease in Insurance cost 84.000
(22,152)
;
Increase in Sales Tax Revenue 48,152
^26,000
Flow Hospital Reserve _ 22,000
48,000
Additional 1/4¢ to fund Debt Service 48
--1
for Building Improvement bonds _L,000
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City of Denton city council minutes
September 3, 1991
Page 23
Council Member Alexander asked for a dollar amount needed to
replace the Parks dollars if the Council decided to forgive the
Denton Youth Football's debt. He would only do so by working
with the tax rate to get it high enough to generate that amount
of revenue,
City Manager [Jarrell replied that if it were simply applied to
administrative charges that were made to outside youth sports
associations, $10,500 would be needed. That did not include
Boy's Basketball which was a City operated program nor any other
administrative fees charged for other types of activities.
Betty McKean, Executive Director for Economic Development and
Municipal services, stated that the amount would be closer to
$16,000.
Mayor Castleberry asked what impact would this decision have on
other programs.
City Manager Harrell replied that if only the outside youth
groups were used, it would be approximately $10,500 to $16,000.
I The policy would exclude only those programs. The $5
administrative fee would still be charged for boy's basketball
j and for anyone else who signed up for a City program. if the
i deletion of the fee extended further, more money would be needed
to make up that revenue,
Council Member Smith stated that to be fair, those programs
which had already paid their fees would have to be refunded that
money.
City Manager Harrell stated that then the problem would be
would be needed, And if other
greater as more money
recreational programs were included the amount would be
compounded,
Mayor Pro Tem Hopkins stated that she was not in favor of
forgiving the amount due from the previous year,
McKean stated that following the Council's Regular session, she
had riet with Mo Joiner to try and develop options for repayment
tLe Football fees, A problem she saw was how long to defer
of
the fees and could the city legally defer the fees, The
Association wanted to be forgiven what was in arrears as there
now was different leadership,
Mayor Pro Tom Hopkins asked if the Parks Board had considered
the item.
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City of Denton City Council Minutes
September 3, 1491
Page 24
Mcf.ean replied that it had not been to the Parks Board.
Mayor Pro Tom Hopkins asked how the Parks Board felt about
relieving, deferring, not charging the fee.
McKean replied that the issue had come up last week when staff
discovered the football season was about to start and the
Association still had not paid last year's fees,
Council Member Chew felt the issue should be referred back to
` the Parks Board for their input.
Mayor Castleberry asked if the City could legally allow the
Association to begin their season with the understanding that
they would work out a plan to pay what was in arrears,
Council Member Smith stated that the position in correspondence
to the Association was that if they did not pay the past due
amount, they would not be able to start their new season.
I !
City Attorney Drayovitch stated that she felt the Council needed
to be concerned that groups could be treated differently as long
as there was a rational basis, But if there were no rational
basis, the City would be leaving itself open for others to not
II pay the same amount. in regards to the question if it were
legal to defer payment, she did not see that it would be illegal.
McKean stated that last year the Association advertised their
fee at $35 and refused to pay the administrative fee to the
City, This year the advertised fee was $40 and did not say as
to whether $5 was for the administrative fee. Joiner had
informed her that the extra $5 was not for the administrative
fee and that they had no intention to pay the fee. The extra $5
1 was an inflationary fee.
Mayor Castleberry stated that he felt the Council was indicating
that the item should be referred back to the Parks Board or to
McKean to work out prior payment and payment for next year.
McKean pointed out that the season was scheduled to begin
September 14, 1991.
Mayor Castleberry stated that he felt the Association could
begin their season while the payment details were worked out.
Council Member Smith felt that the Council would be undercutting
staff by allowing the Association to begin their season as all
the correspondence by the staff had been that the new season
could not begin until the past due amount had been paid.
Mayor Castleberry stated that the children would be penalized if
the new season was not allowed to begin.
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City of Denton City council ?iinutes
September 3, 1991
Page 25
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Council Member Smith stated that it was not a good signal to the
children to change the rules for the Association,
Council. Member Perry stated that he would like to know what the
Association's concession stand collected and what the
!i Association did with that money,
Chew motioned, Trent seconded to defer the is6ue back to the
Parks Board and to allow the Association to begin its new season
while the details were being worked out, On roll vote, Trent
"aye," Alexander "nay," Hopkins Smith "nay," Chew "aye,"
Perry "nay and Mayor Castleberry "aye," Motion carried with a
4-3 vote,
s: Perry motioned, Hopkins seconded to direct staff to prepare an
ordinance setting the tax rate at $,6851 per $100 valuation. On
roll vote, Trent "nay," Alexander "aye," Hopkins "aye," Smith
"aye," Chew "aye," Perry "aye," and Mayor Castleberry "aye,"
Motion carried with a 6-1 vote. i"
City manager Harrell presented a review of the M;rcer study and
the implementation procedures. Those employees below the
minimum would be brought up to minimum effective January 1,
1992. In addition, those employees who were eligible for step
] increases between October 1 and January 1 would continue to
! receive those increases. On January 1, 1992 anyone who had
11 received less than a 3% salary adjustment because of either
being brought up to minimum or because they received a step
increase would receive the difference up to 3%.
With no further business, the meeting was adjourned at 11;45
p.m.
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BOB CASTLEBERRY, MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
3441C
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CITY OF DENTON CITY COUNCIL MINUTES
SEPTEMBER 17, 1991
The council convened into the Work Session at 5:15 p.m, in the
Civil Defense Room.
Present: Mayor Castleberry; Mayor Pro -rem Hopkins, Council Members
Alexander, Perry, Smith and Trent.
Absent: Council Member Chew
1. The Council ,onvened into the Executive Session to discuss
legal matters (considered the claim of Mr. and Mrs. Gamble,
considered the claim of Mr, and Mrs. Harp and considered action in
i
ret Flow), real estate, and personnel/board appointments.
Council Member Chew joined the meeting,
I j
( Mayor Pro Tem Hopkins left the meeting during the discussion of in 1
re: Flow.
2. The Council received a report and held a discussion regarding
legislation
passed by i impact on the Municipal t Court 2nd Legislature that or might have an
[ p procedurally, fiscally or both,
Sandra White, Municipal Judge, stated that there were many items i
!If '
passed by the Legislature which potentially affected Municipal
Court. one bill which she wanted to spend some time on was Senate
E Bill 883. This bill amended Article 14.06 of the Texas Code of
Criminal Procedures and allowed a peace officer who was charging a
person who was committing a Class C Misdemeanor under the Penal
f Code would be able to issue a ticket rather than putting them in
jail. The bill specifically excluded public intoxication offenses.
She felt the bill was significant as the Legislature and Courts
were consistently telling Municipal Courts that Class C
Misdemeanors did not i carry a penalty of jail time and did not want
the Courts to put those offenders in jail. Under the Penal Code,
if the officer viewed the offense, he did not have to take the
person to jail. He could issue a ticket. That kind of procedure
was known as "field release." She felt the City should utilize
SB833 as much as possible to avoid incarceration and reduce the
amount of paper work the Court and Police Department would be
required to do. White reviewed a flowchart of jail cases and non-
jail cases including a comparison of amounts of fines collected In
jail and non-jail. cases.
City Manager Harrell, suggested that the Judge work with chief Jez
on how best to implement the new legislation. On the surface the
procedure looked good, but input from the chief would help
determine if there were any adverse implications to the procedure.
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City of Denton City Council Minutes
September 17, 1991
Page 2
Another change allowed cities under 850,000 population to add an
additional cost up to $5.00 for parking tickets. If a city added
this fee, the funds collected had to be used for school crossing
guard programs and if a city did not have a school crossing
program, the funds needed to be used for health, drug education of
children. She needed direction from council whether to implement
that additional fee.
J
City Manager Harrell stated that the administrative charge for the
school crossing guards was the responsibility of the School
District. In the Major Budget Issues, there were items to increase
parking fines for people who did not pay promptly.
White stated that she needed to know how the Council wanted to
proceed with this new legislation.
Mayor Castleberry suggested referring the issues to the Council
subcommittee and have them make recommendations to the council.
Mayor Pro Tem Hopkins felt that the City Manager, Finance Director,
Chief of Police and the Judge needed to provide input into the
issues.
Consensus of the Council was to have staff work on the issues and
bring back recommendations at the second meeting in October.
The Council then convened into the Regular Session at 7:00 p,m. in
the Council Chambers.
Present: Mayor Castleberry; Mayor Pro Tem Hopkins; Council Members
Alexander, Perry, Smith and Trent.
I
Absent: Council Member chew
1. Pledge of Allegiance
The council and members of the audience recited the Pledge of
Allegiance.
Council Member Chew joined the meeting.
Item 13 was considered.
3. Presentation of Award to Mr. Trent Young
Bob Nelson, Executive Director of Utilities, stated that Mr. Young,
a former city employee, had been working on a job site with a Lone
Star Gas employee. The Lone Star Gas employee had slumped over in
his work area. Mr. Young found the employee and began giving him
CPR and had others call for the paramedics. Because of his quick
City of Denton City Council Minutes
September 17, 1991
Page 3
actions, the employee was revived. Mayor Castleberry presented Mr.
Young with a Resolution of Appreciation and Nelson presented him
with a plaque of appreciation.
Mayor Castleberry presented proclamations for American Business
Women's Day and Edward Hackford Day,
The council returned to the regular: agenda order.
2. The Council considered approval of the minutes of the Regular
Session of August 6, 1991.
` Perry motioned, Hopkins seconded to approve the minutes as
presented. Motion carried unanimously.
s
j 4. Citizen Reports
A. The Council received a citizen report from Jesse Coffey
regarding the 1991-92 budget.
Mr. Coffey stated that on August 27, 1991 the Council held a public
hearing regarding the budget. He was present for that public
hearing and had asked several questions concerning the budget,
City Manager Harrell corresponded with him on September 5, 1991 and
answered two of the questions proposed at that time. He wrote back
to the City Manager on September 12, 1991 and asked the questions
again. As he walked into the meeting this evening, he was given an
envelope with the Manager's reply. His letter was dated the 12th, j
and delivered the 12th or 13th. The Manager replied as quickly as
he could to his questions. Coffey stated that he had not had time
to examine the correspondence as fully as he liked and asked if he
could ask the questions and have the Manager reply.
Mayor Castleberry replied that it could be done as long as it
remained in the 5 minute time frame allowed for citizen reports.
Coffey stated that he understood that the City had $50 million in
cash and reserves uncommitted. Was that correct and if correct.,
why was it necessary to have 40% of the city's annual budget in
cash reserves.
Mayor Castleberry replied that it was answered in the Managerfs
letter.
City Manager Harrell stated that the $50 million Coffey referred to
was the retained earnings within the utility fund. As of August
31, 1991, there was approximately $27.4 million in cash and
investments which currently could be deemed to be undesignated.
One million dollars was encumbered for the cost of contracts and
goods or services. The remaining portion of the retained earnings
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City of Denton City Council Minutes
September 17, 1991
Page 4
within the Utility fund was earmarked for long term debt payments,
capital projects or restricted bond covenant indentures pledged to
bond holders when bonds were sold. A good portion of the retained
earnings were needed for cash flow purposes within the utility
system. The system was running approximately 45-60 days behind
time from the point of billing for utility revenue until that
revenue was received. A portion of those funds were used for that
j basis.
Coffey asked the Manager to elaborate. on his sentence "this amount
is set aside when the City enters into contracts to make sure those
dollars are not spent on something else."
Mayor Castleberry stated that the Manager could answer the question
but that then Mr. Coffey's five minutes had elapsed.
City Manager Harrell replied that that was in reference to the
'
l amount of the $1 million of the $27.4 that had to be set aside as
E encumbered amounts when the City entered into contracts to make
k sure those dollars were available. once a contract had been
entered into even though that was in the fund balance or retained
earnings within the Utility Department, that money was set aside
f and was not available for expenditures.
if Coffey stated than that the City had $26.4 million in cash and
j investments. Was that in addition to or did it include the $47
million cash raserve fund.
City Manager Harrell replied that it was inclusive of that money.
Coffey replied that the $47 million included the $26 million.
3 City Manager Harrell replied correct.
{ Coffey stated that the Manager had mentioned long term debt
payments, capital projects, commitments related to unperformed
contracts and restricted bond indenture. Those were not in the
proposed Annual Program of Services. The $50 million was over and
above the current income.
Mayor Castleberry stated that Mr. Coffey's five minutes were over
and that the Council did follow that rule.
Council Member Trent stated that he would like to hear the answer
to the question.
Mayor Castleberry stated that he felt the question had been
answered. He asked Coffey if his question had been answered.
Coffey replied that it answered his first question. He had six
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City of Denton city council minutes
September 17, 1991
Page 5
more he wanted to ask.
` Mayor Castleberry stated that the council did follow the five
minute rule.
Coffey asked if it would be possible to come back at a later date
before the final budget was approved in order to get these items on
the record for the general public.
Mayor Castleberry stated that tonight would probably conclude the
Council's budget procedure. Coffey was welcome to return at any
time and follow the usual policy for a citizen repr;^t.
Council Member Trent asked Coffey if he felt that there were funds
i in the budget that had not been plainly presented as being
available.
Coffey replied that that was correct. He was bothered that
throughout the Program for Annual Services as presented to the City
Council, there was talk about hard times, employee raises to meet
inflationary times. There was no inflation in Denton. The economy
in Denton had been flat for five years. In that period of time, i~
there had been a $9 million increase in personnel salaries. With
$50 million in the bank, he did not understand why a tax increase
was needed.
( Mayor Castleberry stated that in order to continue the discussion,
there would have to be a consensus of the council. Hearing none,
he thanked Mr. Coffey for his remarks.
B. The council received a citizen report from Mark Fleege
regarding a city initiative for a zoning case.
i
Mr. Fleege stated that he was representing the Township II-Hopkins
Hills Homeowners Association requesting the City Council's
assistance in initiating a zoning change. The Homeowners
Association requested a clarification and updating of existing
zoning in the Township II area. The updating needed to reflect the
existing uses. The Homeowners Association requested re-zoning of
the last part of 1;he undeveloped San Jacinto Plaza to reflect the
retail/office use that was currently in place. The PD-6
deaagnation now in place posed problems that could lead to a repeat
of the Pep Boys controversy.
Mayor Pro Tom Hopkins asked if this was related to a park issue.
Fleege replied no that it was the undeveloped area between Pep Boys
and the San Jacinto Plaza.
Mayor Pro Tom Hopkins asked if the homeowners were trying to take
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City of Denton City Council Minutes
September 17, 1991
Page 6
the property out of the retail use.
Fleege replied no that they realized that it would be developed but
under PD-6 the category was too broad.
Mayor Pro Tem Hopkins asked about the property owners of the site.
i Fleege replied that he understood that as the zoning process took
place, the property owner would have a chance to respond. They
were asking the city to begin the process. As a neighborhood, they
did not have the funds to approach the City to begin the rezoning.
City Manager Harrell stated that the item had been discussed by the
t Planning and Zoning commission last week and they voted to initiate
s a city case regarding the item.
Fleege stated that it was part of an educational process to alert
the Council to the neighborhood's feelings regarding the issue.
They would like to see this done as quickly as possible.
4A. The Council considered accepting a recommendation from the
Parks and Recreation Board regarding the administrative fee for
parks programs and regarding the request by the Denton Youth
!I Football Association for waiver and/or delayed payment of fees.
City Manager Harrell stated that per council's direction, this
! issue had been refereed to the Parks and Recreation Board. That
j Board had met the previous evening and the minutes of that meeting
I were available for council review.
! Betty McKean, Executive Director for Economic Development and
Municipal services, stated that the Board had spent several hours
on debate and hearing testimony regarding the issue. one of the
issues had been from the Denton Youth Football Association which
had asked to be relieved of an outstanding debt on their
administrative fee for the past season. The estimate of the amount
due was $1300. In addition, a concern had been raised by some
members of the Council that if that amount of money were forgiven,
that consistency of treatment for the other athletic associations
was necessary. If the Council were to waive the youth football
fees, the amount was approximately $1300. other self-managed youth
programs and the amount of their fees included soccer with two
seasons ($7001 $3,360); Boy's Baseball ($2,300)) Little League
($2,500)) and Girl's Softball ($075). The subtotal was $11,035.
The other issue was whether to consider adult programs and other
kinds of programs. A larger issue before the Council was the
necessity or the appropriateness of having the administrative fee
at all. options to consider would include (1) continue under the
current administrative fee for youth dathletictass associations only, reducing
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City of Denton City Council Minutes
September 3.7, 1991
Page 7
revenue by $12,000 and possibly increasing the tax rate br .000627
or an equivalent amount of budget cuts; (3) discont nue the
administrative fee for all self-managed associations, -educing
E revenue by $14,800 and increasing the tax rate by .0007 3 or an
equivalent amount of budget cuts; and (4) discontij is the
administrative fee for all department sponsored acti itims,
r reducing the revenue by $30,000 and increasing the tax to by
f .001568 or an equivalent amount of budget cuts.
Dalton Gregory, Chair-Parks and Recreation Board, stated that on
November 14, 1988, the Parks Board unanimously voted to oppose the
assessment of an additional $5 administrative fee to athletic
participants. On September 16, 1991, the Parks Board again
unanimously voted to drop the $5 administrative fee for self-
managed youth athletic participants. They were opposed to the fee
for several reasons. The fee had increased the cost to
participants to the youth and their families. These costs had made
it difficult for some families to participate in the programs. The
fee had not resulted in better or improved services to the
participants. During the same time that the fees were first
assessed in 1988, the City was cutting back on its financial
support to the youth athletic groups by dropping its payment for
officiating. The fee had created a hardship for the many
volunteers who helped operate the self-managed sports programs.
They had to raise more scholarship dollars per child and had to
provide more scholarships due to the overall higher cost to each
participant. It was for those reasons, the Parks Board recommended
that the Council drop the administrative fee to all of the self-
managed youth programs. On a larger scale, he wanted to recommend
that the council and staff join with the Parks Board in rethinking
the philosophy of trying to make parks and recreation (leisure
services) a source for generating revenue.
Council Member Trent stated that at the Parks Board meeting, one of
the items decided was to eliminate the fees but not do it through
a tax increase. A motion was made to do it but to find the revenue
in other ways. A list was presented to the Parks Board containing
possible cuts which had been rejected by the Board. The Board had
asked for a second list. Had that been received yet.
Gregory replied that the Board had not received the list yet and
did not expect to receive it so soon. He stated that the Board had
been asked by staff to suggest recommendations to recoup the
$12,000 and the Board was unable to come to any consensus. They
were unable to come to a consensus that a tax increase would be
appropriate. If a tax increase were to happen to recoup the
$12,0000 it would cost the taxpayer of a $100,000 only $.63. The
Board wary not able to come to a consensus regarding the best way to
recoup the money and were uncomfortable with the list that was
given. He personally was uncomfortable with the idea of the Parks
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City of Denton city council Minutes
September 17, 1991
Page 8
and Recreation Department having to make up the $121000.
Council Member Smith stated that the Board did not ask that the
fees for the adult self-managed programs be dropped.
i
Gregory replied that that was correct. They did not directly
addrass the issue of adult recreation programs. They responded to +
two questions regarding whether the past due fees should be
collected and whether the fee should be continued.
City Manager Harrell asked for the recommendation from the Board
regarding the past due fees.
Gregory replied that the Board recommended that the Association be
requested to pay the past due fees.
I
Council Member Perry asked if the Board considered any places at
all. in the Parks and Recreation budget where it would recommend
dropping any programs or any part of the budget to offset the
{ $120000. He felt Gregory was indicating that the Board did not
want Lo drop any of the programs and would like to expand programs.
1 Gregory replied that that was correct. They did not want to see
one program cut so that another program could survive.
Council Member Alexander replied that the Council was also
proponents to expand services but the budget had to be balanced.
He felt that the citizens had indicated that they wanted the City
to provide high quality services and when necessary were willing to
pay for those through the taxes required to make that possible. He
pointed out that while the $5 administrative fee was a significant
amount of money, it was a small portion of the amount of money that
the City helpfd to provide for making parks and recreation services
available. it was a small portion of the fee that was required for
youth to sig.,i up for the programs.
Mayor Castleberry stated that the Council had asked Mo Joiner to
present Council with a financial statement. He asked Joiner if he
wished to make any additional comments regarding the financial
statement he had presented council.
Joiner stated that the statement had been given to the City and a
copy should be in the council's packets.
Mayor Pro Tem Hopkins felt that the Parks Board had made a fair
recommendation and that Boy's Football must pay the fees due that
all of the other organizations had paid. She would look to them to
make a payment schedule with Ms. McKean. They needed to pay the
fees as all of the other organizations had paid the fee and it was
the only fair thing to do.
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September 17, 1991
Page 9
Hopkins motioned, Chew seconded to require Denton Youth Football (o
pay the fees owed for the past year and that there no longer be $5
fees for any other youth sports beginning with the current year.
Council Member Perry stated that he could not vote for that motion
as he felt there wero two separate issues and would require two
separate motions.
Hopkins motioned, Chew seconded to require Denton Youth Football to
pay the past due fees which could be paid through a payment
schedule throughout the year, on roll vote, Trent "aye", Alexander
"aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and
'r. Mayor Castleberry "aye". Motion carried unanimously.
Hopkins motioned, Chew seconded to eliminate the $5 administrative
feel for self-managed youth sports programs. On roll vote, Trent
"aye", Alexander "aye", Hopkins "aye", Smith "nay", Chew "aye",
Perry "nay", and Mayor Castleberry "aye". Motion carried with a 5-
2 vote.
Trent motioned, Hopkins seconded to direct staff to find a place
from which to take the money and not increase taxes.
City Attorney Drayovitch stated that this item was related to a
budget item later in the agenda and perhaps the council wished to
wait until that time to make such a motion.
i
council Member Trent withdrew his motion and Chew withdrew his
i
second.
5. Public Hearings
A. The Council held a public hearing and considered adoption
of an ordinance approving the rezoning of a 25.58 acre tract of
land from Planned Development No. 110 to Conditioned Light
Industrial District on properties located on the south side of US
Highway 77, north and south of State Highway Loop 288 (under
construction). 2-91-015 (The Planning and Zoning Commission
recommended approval with conditions.)
Karen Feshari, Urban Planner, stated that there two tracts of land
located on the south side of U.S. Highway 77, north and south of
State Highway Loop 288 (under construction). The property was
located in the Northern Urban center. Lc;op 288 was scheduled to be
completed in 1992, access on Highway 77 frontage would be limited
to two points, one on each tract, sidewalks would be required on
both Highway 77 and Loop 288 frontages as well as any interior
public streets, Highway 288 frontage roads would be constructed
through the area. If the developer desired access to Loop 288, ha
would be required to either participate, fund, or build the
City of Denton city council Minutes
September 17, 1991
Page 10
frontage roads for Loop 288. A detailed drainage analysis would be
required during the platting process to determine the extent of any
additional off-site improvements needed. On March 18, 1986, the
Council approved the rezoning of the site from the agricultural
district to the planned development district for the purpose of a
mixed use development consisting of office, commercial, and retail
uses. Ordinance No. 86-63, which governed this tract of land, was
passed with a number of conditions. The following were of concern:
(1) proposed building heights should not exceed five stories, (2)
proposed maximum building coverage should not exceed fifty percent
of the area of the tract and the maximum coverage of all buildings,
drives, and parking areas should not exceed eighty percent of the
area of the tract on which they were to be built, (3) the maximum
floor area within all buildings should not exceed 1 million square
feet, and (4) proposed land uses should be limited to office,
hotel., bank, movie theater, gasoline service station, parking lot
or garage, medical center or hospital, convenience store, and
retail and shopping center uses. Pertaining to condition one,
there was no regulation in a light industrial district. However,
these parcels fell under the regulations of the Federal Aviation
Administration hoight restrictions. The adjacent Hillorest Center
y was recently approved with a maximum height of 20 stories and it
was suggested that the restriction to 5 stories on this property be
amended to be consistent with the Hillcrest Center. The second t,
condition was placad on the site because there was no regulation in
the Zoning Ordinance pertaining to building coverage and floor to
area ratios for commercial and retail type uses. The Planning and
Zoning commission recommended that the floor `o area ratio be
restricted to a 1:1 ratio. The third condition capped the floor
areas at 1 million square feet. In order to encourage a transition
between Hillcrast and PD 115, staff suggested that the floor to
area ratio be i,1 which would allow for 1,110,780 square Peet. In
reference to the allowed uses, the applicant had requested that
some of those uses allowed by right be prohibited as a condition in
the proposed rezoning. An additional condition pertaining to
setbacks should be considered. In order to maintain consistency
with the property adjacent to this, staff suggested that tho
setbacks along Loop 288 be 40 fact and that no parking be allowed
in that 40 foot setback area. In general, this rezoning would bo
in compliance with the policies of the Denton Development Plan it
approved with the recommended conditions.
Council Member Perry questioned the amount of conditions.
Feshari replied that the Planning and Zoning commission recommended
the approval with only three conditions. Staff had incorporated
the other conditions associated with the Planned Development.
City Manager Harrell indicated that this was a conditioned zoning
case as opposed to a planned development. Conditioned zoning had
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City of Denton City Council Minutes
September 17, 1991
Page 11
more recommendations with conditions. There would be less
conditions than a planned development but more in just straight
zoning.
The Mayor opened the public hearing.
S Dennis Jerkey, representing the Perot Group, stated that the light
industrial zoning was appropriate for the land use. Adjacent land
I uses were compatible and the existing zoning was very limiting.
They did not have any problem with the conditions placed by the
Planning and Zoning commission.
No one spoke in opposition.
The Mayor closed the public hearing.
` The following ordinance was considered:
91-138
PLANNED OFDEDENTON, VELOPMENT TEXAS, (PD) PROVIDING FOR
ANGE C FROM THE
AN CH
INDUSTRIAL-CONDITIONED (LI-C) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION FOR 25.5 ACRES OF LAND t,
' LOCATED ON THE SOUTH SIDE OF U.S. HIGHWAY 77; PROVIDING
FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR
VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
erry motioned, Chew seconded to adopt the ordinance with the
€ stated conditions. On roll vote, Trent "aye", Alexander "ayes'
4 Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor
Castleberry "aye". Motion carried unanimously.
1 B. The Council held a public hearing and considered adoption
of an ordinance approving a rezoning on .1844 acres of land located
at the southeast corner of Austin and Oakland Streets from lthe'INS"
Neighborhood Service District to the "GR" (C) Retail
District (Conditioned). Z-91-014 (The Planning and Zoning
Commission recommended approval.)
Karen Foshari, Urban Planner, stated that the property was located
in a Moderate Activity Center. The building was on the tract of
land built approximately 50-60 years ago by the applicant's father.
There was no history in the zoning files establishing when this
tract was rezoned to Neighborhood service. However, it was
probable that when the City rezoned by map in 1969, this tract was
zoned according to the existing use of the property. The applicant
was requesting a rezoning of the tract to allow for a sandwich shop
serving beer and wine. This was not an allowed use in the
Neighborhood Service District. There was a need for an eating
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City of Denton City Council Minutes
September 17, 1991
Page 12
establishment near TWU and there was reasonable assumption that a
significant amount of the traffic would be pedestrian. The
additional use would not adversely J;upact the surrounding
neighborhood. The public interest would br, served by allowing a
small eating establishment in the area. The Board of Adjustments
granted a request for a variance to the parking regulations for the
site. Specific conditions for the rezoning included allowed uses
be in compliance with the table of Permitted Uses and the gross
floor area on the site would not exceed 6200 square feet.
The Mayor opened the public hearing.
Larry Green, speaking for the applicant, stated that there was a
need for an eating place in the area. Beer and wine would be
served at a later date but not initially. They were requesting a
zoning change for a sandwich shop which was not currently allowed
in the neighborhood service district.
No one spoke in opposition.
j The Mayor closed the public hearing.
I i
j Council Member Trent asked if the applicant had any concerns
regarding the conditions imposed on the rezoning.
Feshari replied that Mr. Kornblatt, property owner, had indicated
to her that he had no problems with the conditions.
The following ordinance was considered:
91-139
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR
A CHANGE FF,,)M NEIGHBORHOOD SERVICE (NS) TO GENERAL
RETAIL-CONDITIONED (GR-C) ZONING DISTRICT CLASSIFICATION
AND USE DESIGNATION FOR 0.18 ACRES OF LAND LOCATED ON THE
SOUTHEAST CORNER OF AUSTIN AND OAKLAND STREETS; PROVIDING
FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR
VIOLATIONS THEREOPI AND PROVIDING FOR AN EFFECTIVE DATE.
Trent motioned, Alexander seconded to adopt the ordinance with the
stated conditions. On roll Vote, Trent "aye", Alexander "aye",
Hopkins "aye", Smith "aye", chew "aye", Perry "aye", and Mayor
Castleberry "aye". Motion carried unanimously.
6. Consent Agenda
Mayor Castleberry indicated that item 6.A.4. was pulled from
consideration.
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City of Denton City Council Minutes
September 17, 1991
Page 13
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Mayor Pro Tem Hopkins requested information concerning Items 6. A. 1.
and 6.A.2. Mayor Pro Tem Hopkins stated that backup information
for those two items was confusing as different amounts were shown
on the ordinance as opposed to the backup information. The proposed
accepted bid was more than the low bid on the bid sheet for the
transformer.
Bob Nelson, Executive Director for Utilities, stated that
i transformers were evaluated for losses over the entire life of the
transformer. Those losses included a core loss or a winding loss.
Those losses affected the end price for the unit. This was a case
where the lower capital price, in the long evaluated price, was not
th6 best bid. i.
i Mayor Pro Tem Hopkins asked about the lowboy trailer. There was an
invoice in the backup for $161,930 as opposed to the $46,500
f indicated in the ordinance.
j Nelson indicated that currently the City was renting a lowboy to
J get a transformer to a site. The cost of the lowboy was $100/day
and had been rented for 100 dayr,. The invoice was in the backup
for a comparison of how much a new lowboy would cost.
Council Member Trent asked if the City was currently renting a f'
lowboy why did it have to buy one at this time.
Nelson replied that it was very costly to rent the lowboy.
Currently they had spent $42,000 to rent a lowboy and this one to
buy was $46,500 which could be used again instead of having to pay
the rent cost over and over.
Hopkins motioned, Chew seconded to approve the Consent Agenda as
presented. Motion carried unanimously.
t A. Bids and Purchase Orders:
E
1. Bid 01265 - 1500 KVA Station Transformer
i
2. Bid 01279 - Lowboy Trailer
3. Bid 01285 - Disk Drive
5. P.O. 115873 - IBM
6. P.O. #15868 - American Management System
7. Ordinances
A. The council considered adoption of an ordinance accepting
a competitive sealed proposal and awarding a contract for the
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City of Denton City council Minutes
September 17, 1991
Page 14
purchase of materials, equipment, supplies or services. (6.A.1. -
Bid. #1265, 6.A.2. - Bid #1279, 6.A.3. - Bid #1285)
The following ordinance was considered:
91-].40
AN ORDINANCE ACCEPTING A COMPETITIVE SEALED PROPOSAL AND
AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS,
EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFORE, kND PROVIDING FOR AN
EFFECTIVE DATE.
Chew motioned, Alexander seconded to adopt the ordinance. On roll
vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye",
Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
j B. The council considered adoption of an ordinance providing
for the expenditure of funds for purchases of materials or
equipment which are avail4ble from one source in accordance with
f the provisions of state law exempting such. purchases from
requirements of competitive bids. (6.A.5. - P.O. #15873, 6.A.6. -
P.O. 015868)
The following ordinance was considered:
91-141
I
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR
` PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE
FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF
STATE LAW EXEMPTING SUCH PURCHASE4: FROM REQUIREMENTS OF
COMPETITIVE BIDS) AND PROVIDING FOR AN EFFECTIVE DATE.
Hopkins motioned, Smith seconded to adopt the ordinance. On roll
vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye",
Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
r. C. The Council considered adoption of an ordinance
authorizing the Mayor to execute Amendment No. 3 to the agreement
of February 16, 1988 between the City of Denton and Freese and
Nichols, Inc., relating to professional engineering services for
Lake Ray Roberts Offsite Water Transmission Facilities. (The
Public Utilities Board recommended approval.)
Lee Allison, Director of Water Utilities and Engineering Division,
stated that Freese and Nichols, Inc. was in the process of
completing the detail design of the Hartlee Field Road Booster Pump
j
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City of Denton City Council Minutes
September 17, 1991
Page 15 ~sign Station. Refinements were made to the preliminary dt t uction drawings rand
this phase as well as preparing t ous 1991, staff
specifications. At the review meeting of February 1,
identified three design adjustments resulting in lower tote ld costs
which included bridge crane, variable frequency pump
sprinkler system. The bridge crane would allow movement o favarious
,
parts around the pump room in a smaller building Wihout
crane, the building would have to be at least iur feet
pump der to
accommodate a portable hoist. variable speed would
improve the ability to pump into the distribution system
economically during a variety of demand and pressure situations.
The fire sprinkler system was included at the request of the Denton
Fire Department.
i
The following ordinance was considered:
91-142
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT ,
f
L NO. 3 TO THE AGREEMENT OF FEBRUARY 16, 1988 BETWEEN THE
CITY OF DENTON ANn FREESE AND NICHOLS, INC. RELATING TO
PROFESSIONAL ENGINEERING SERVICES FOR LAKE RAY ROBERTS
OFFSITE WATER TRANSMISSION FACILITIES; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN 1
1 EFFECTIVE DATE. i.
}
Alexander motioned, Perry seconded to adopt the ordinance. On roll i vote, Trent "aye", Alexander "aye", Hopkins "aye"++,asmith "Mot
"ion
Chew "aye++, Ferry "aye", and Mayor Castleberry y
i carried unanimously.
I, D. The Council considered adopt;,an of an ordinance
authorizing payment to Leroy Whitlock a.itd Hazel Whitlock for
easement acquisition (Ray Roberts Transmission Water Line Project.)
Dave Ham, Manager of Construction Projects Iys frated om thatoea a ents
would be required from 20 property
Roberts. This was the first of those easements.
Council Member Trent asked for the total cost% of all the oaspments.
Hate replied approximately $267,000.
The following ordinance was considered:
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City of Denton City Council Minutes
September 17, 1991
Page 16
91-143
AN ORDINANCE APPROVING THE PURCHASE OF A UTILITY EASEMENT
FROM HAZEL AND LEROY WHITLOCK, AUTHORIZING EXPENDITURE OF
FUNDS AND PROVIDING FOR AN EFFECTIVE DATE.
3
Hopkins motioned, Trent seconded to adopt the ordinance. On roll
i vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye",
Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
E. The Council considered adoption of. an ordinance adopting
f tk•e budget for the City of Denton, Texas, for the fiscal year
beginning on October 1, 1991, and ending on September 30, 1992.
City Manager Harrell stated that out of the budget discussions,
j Council had made specific amendments to the proposed budget. Those
amendments had been incorporated into the various appropriations
listed in the ordinance. Based upon the earlier decision made by
Council regarding the $5 administrative fee, another decision was P
still needed. Under the General Fund cate,.tory in the ordinance,
there was an expenditure allocation of $28,;132,919. The Council
had two options regarding the $12,000 which had been deleted by the
earlier decision. If it was the Councilts desire to recoup that
l $12,000 decrease by reducing expenditures someplace in the General
Fund budget, the appropriate action would be to amend the General
Fund appropriation by $12,000 and would read $28,220,919. Staff,
at the next formal meeting, would return with specific
recommendations on where that should be implemented, department by
department. Another option was to delete it and Council tell staff
which departments the dollars would come from. If the council did
not want to reduce expenditures but would rather do a small
adjustment in the tax rate to recoup the $12,000, it would be
appropriate at this point, to keep the figure at $28,232,919.
Council Member Trent asked if it was not true that the funding for
the Campus Theater that the Council voted to allocate for utilitt
expenses had now been given back to the Citv for at least the next
year based on the Arts Council delayed start date. And if that
were true, the amount of that return funding was $21,000 which
would more than pay for the $12,000 shortfall incurred by doing
away with the administrative fees. He felt that that was one
solution to finding money without resorting to a tax increase,
City Manager Harrell replied that the City had in place a contract
with the Greater Denton Arts council that the Council would pay a
set amount
costs
for month the a pus Th ater. That c ntract was i no existence land
would continue to be so. The Arts council had indicated to the
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City of Denton City Council Minutes
September 17, 1991
s Page 17
city, in converrsations, that it was their intention that when they
received the monthly payment, that they would deduct the amount of
actual utility costs on the Campus Theater and would return the
balance until they actually commenced reconstruction of the
building. There was no legal obligation on the Arts Council to
return the funds to the City. They had just indicated that that
i
{
was their intention.
Council Member Trent felt that it was the moral thing for them to
i
start date. He did not think that their
do based
at their this staged when they had not even begun yet, would
utilities, on
exceed $10,00.
city Manager Harrell replied that he thought that was a fair
assumption.
i
Council Member Trent felt that that was a fair place to look for
the e money that would not result
money s dd already no thbeen ink budgeted
1
had been designatedn to t
increase and d go
anywhere else. `
I
city Manager Harrell stated that the budget had $21,000 to the t'.
Campus Theater towards utility payments. That was an expenditure
obligation. The Arts Council had indicated that it wai. their
{ intention that they wanted the City to make that payment and then
they would return the unused amount back to the City. If the
entire Council felt that that was where they wanted to get the
money, then it might be possible to reduce the fund balance by
$12,000 knowing that at least $12,000 would be returned from he
AYts council.
Council Member Trent stated that he realized that it was not a
j permanent solution. It was a temporary fix which would not require
a tax increase.
City Manager Harrell stated that other alternatives might be to
take the money from the contingency fund. In the past, when this
and the Park Board had come to the City
issue had been raised
making a request that the administrative fee be eliminated, the
challenge had been to the Park Board to examine the Parks and
Recreation budget to try and identify the like amount of
expenditure reductions in their budgets which could be implemented
if the revenue source was given up.
Council Member Trent stated that he was not in favor of that
alternative as the Board had already been given a list of nine
propoaed budget reductions, none of which were acceptable to the
Parks Board.
Council Member Perry stated that he felt it was not correct to
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City of Denton City Council Minutes
September 17, 1991
Page is
commit funds already committed in another area. He suggested
taking $12,000 from the General Fund and ask the staff to present
the council with specific recommendations.
Council Member Alexander felt that one possible solution was to
identify $12,000 within one of the contingency areas and indicate
a reduction in the budget for that amount and work on the
assumption that the money which might be available from the return
of funds from the Campus Theater would then return to that
contingency fund. He proposed that alternative as he was very much
in favor of keeping the reserve fund at 10%.
The following ordinance was considered:
91-144
AN ORDINANCE ADOPTING THE BUDGET FOR THE CITY OF DENTON,
TEXAS, FOR THE FISCAL YEAR BEGINNING ON OCTOBER 1, 1991,
AND ENDING ON SEPTEMBER 30, 19921, AND DECLARING AN f
EFFECTIVE DATE.
I i
f Alexander motioned, Chew seconded to amend the proposed budget
document to reduce the Manager's contingency fund by ,$12,000 and
that was done with the expectation that the process relating to the
Campus Theater would occur as described,
I City Attorney Drayovitch stated that John McGrane, Executivo
Director for Finance, advised her that Exhibit A should also be
amended as section II of the ordinance reflected the appropriation
but there also had to be a corresponding reflection of that lass of
revenue.
McGrane stated that the ordinance provided for two items. One was
that revenues were not appropriated. Only expenditures were
appropriated. As the city Manager explained, the total expenditure
woul4 be made to the Arts Council. The money received back would
be in the form of revenue. Because Exhibit A amended the original
proposed document, he suggested under the Genere.1 Fund revenues to
increase miscellaneous revenues by $12,000. That way there would
be the total appropriation for expenditures and would have the
offset in the revenue.
Alexander amended his motion to include the recommendation by
McGrane instead of his original motion. The substitution was
agreeable with Chew's second. On roll vote, Trent "aye", Alexander
"aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and
Mayor Castleberry "aye". Motion carried unanimously.
Chew motioned, Alexander seconded to adopt the ordinance as
amended.
Fem.
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City of Denton City Council Minutes
September 17, 1991
Page 19
Council Member Trent stated that he could not support nor would he
vote for the budget. There were several reasons why lie could not
i
support the budget. The first one was that he felt the Council had
not heard, at least to his satisfaction, the kind of input that the
Council needed from the citizens of Denton. He did not know the
reasons. He recalled hearing one citizen speak to the budget and
that same citizen who spoke two weeks ago spoke this evening and he
was pretty much cut off and told that hin time was up. The other
reason he could not vote for the budget was that it was not a zero
i based budget. There were things in the ;wdget which were hidden
from the taxpayers. There were things in the budget which were
there that only department heads and the City Manager knew about.
Early in the budget process he had asked to have several of the
department budgets presented in a zero based fashion and he was
F' told that it would occur. But it did not happen. He had to
conclude that there were reasons why those budgets were not
presented that way. The other reason he could not vote for the
budget was because he did not feel as though the monies which were
i about to be spent had been legitimized. There was money for travel
I and the like for Council and staff which, in his opinion, were to
be spent indiscriminately. When people who spend the taxpayers
money, could spend $168 a night for a hotel room, he was appalled.
He did not condone that and that was another reason why he could
not vote for the budget. He requested a roll call vote on the
budget.
Council Member Chew asked Council Member Trent what was hidden in
the budget. He had not missed any budget hearings and wanted to
know what was hidden.
Council Member Trent replied the money for the Campus Theater.
1
Council Member Chew stated that that was not hidden.
Council Member Trent asked what that money was going to be spent
for when it was returned. It had not been designated.
Council Member Chew replied that he wanted to hear everything Trent
accused the Council acceptinn which was hidden in the budget. He
wanted it itemized.
Council Member Trent replied that the other largo portion of the
budget which had not been accounted for would be where would the
money go for the Electrical Utility positions which were budgeted
but would not be filled. The rate payers were providing funds for
those positions which would not be filled and yet why was money
extracted from rate payers which was not needed. That was not a
budgeting process.
Council Member Chew stated that Trent had gone to the newspaper
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City of Denton City Council Minutes
September 17, 1991
Page 20
with accusations and he wanted to know what was hidden. Those
positions had already been justified by the Utility Board and the
Utility Director. It was time for the people to know that the
Council was not locked in step with anyone. There were six people
on the Council who voted in favor of the budget and one person's
opinion. He highly resented Trent's actions.
Mayor Castleberry stated that during the budget discussion, the
Council had discussed the 10 positions. In his understanding, that
money, approximately $376,000, would be placed in a reserve fund.
That reserve fund along with the money received from TMPA would
possibly allow another rate decrease in December or January.
Council Member Chew replied that was correct.
Council Member Alexander stated he specifically recalled the
council discussing that issue during the budget process. He
recalled that he urged the Council to not take the positions out of
the budget because he felt it was very important, with the large
utility system the City had, that the Council allow the management
of that system sufficient flexibility to make decisions about what
positions might need to be filled and which ones might not. Those
positions were not hidden. They were a very definite, open and
s well discussed portion of the budget process.
Council Member Smith agreed. Those positions had been discussed at
j great length and did not feel those were hidden at all.
Council Member Trent replied that a business was not run that way.
A household was not run that way. Why should the City be run %:hat
way.
Council Member Smith replied that she believed they were discussing
hidden figures. Those were not hidden. The Campus Theater
contribution was also not hidden. Was there something specific
which was hidden.
1
Council Member Trent replied that in iris estimation, when money was
taken which was not needed, that it provided a way to put money
f where it warn not needed and would not be spent that way.
i
Council ;;ember Perry stated that there were items he felt were
important for the City such as high tech equipment for public
safety departments. Those items could not be done in this budget.
He felt that budget was not a rich kind of budget. It lacked a few
items which the Council would like to have but the money was not
available,,
Mayor Pro Tem Hopkins called the question.
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City of Denton City Council Minutes
September 17, 1991
Page 21
on roll call vote, Trent "nay", Alexander "aye", Hopkins "aye",
Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye".
Motion carried with a 6-1 vote.
F. The Council considered adoption of an ordinance levying
the ad valorem tax of the City of Denton, Texas, for the year 1991,
on all taxable property within the corporate limits of the City on
January 1, 1991, not exempt by law; providing revenues for payment
of current municipal expenses, and for interest and sinking fund on
outstanding City of Denton bonds; providing for limited exemptions
of certain homesteads and providing for enforcement of collection.
City Manager Harrell stated that the ordinance represented the
preliminary decision made by the Council to set the tax rate at the
j $.6851 level. The blanks in the ordinance would be filled in at
E $.6851, $.4690 and $.2161 if the Council desired to keep the tax
rate at $.6851. He stated that the tax rate represented a $.02
f level below the effective tax rate which gave the City less revenue
to operate next year than the current year. The City was the only
taxing jurisdiction in the City which was proposing a tax rate
which was below the affective rate.
j The following ordinance was considered:
91-145
i
AN ORDINANCE LEVYING THE AD VALOREM TAX OF THE CITY OF
j DENTON, TEXAS, FOR THE YEAR 1991, ON ALL TAXABLE PROPERTY
WITHIN THE CORPORATE LIMITS OF THE CITY ON JANUARY 11
1991, MOT EXEMPT BY LAW; PROVIDING REVENUES FOR PAYMENT
OF CURRENT MUNICIPAL EXPENSES, AND FOR INTEREST AND
SINKING FUND ON OUTSTANDING CITY OF DENTON BONDS;
PROVIDING FOR LIMITED EXEMPTIONS OF CERTAIN HOMESTEADS;
PROVIDING FOR ENFORCEMENT OF COLLECTIONS; PROVIDING FOR
A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
Hopkins motioned, Smith seconded to adopt the ordinance with the
figures presented.
Council Member Trent stated that he would like to vote for the
ordinance as it contained the exemption for individuals over 65,
but because of the listed tax rate, he could not vote for it,
on roll vote, Trent "nay", Alexander "aye", Hopkins "aye", Smith
"aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye".
Motion carried with a 6-1 vote.
G. The Council considered adoption of an ordinance amending
the Schedule of Rates for water services. (The Public Utilities
Board recommended approval.)
City of Denton City council minutes
S4,ptember 17, 1991
page 22
City Manager Harrell
thelrestated that commendati recommendations ordinance had approved by then Citypcouncil
accordance
during budget discussions.
The following ordinance was considered:
i
91-146
SERVICEN PROVIDING A S V3RABILITY SCHEDULE CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
Alexander motioned, Chew seconded to adopt the~ordina ce~.th Onaroll
vote, Trent "nay", Alexander aye , Napkins "aye",
Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried with a 6-1 vote.
H. The Council considered adoption of an ordinance amending
the Schedule of Rates for sewer services. (The Public Utilities
Board recommended approval.)
City Manager Harrell e eastated tht the rlier decisions made ordinancethehadCouncibeen
accordance with y`
discussions.
The following ordinance was considered:
r 91-147 t FOR SERVICEN PANCE ROVIDING AMENDING THE
A SEVERABILITYSCHEDULCLAUSEE OF TESND PROVIDING
FOR AN EFFECTIVE DATE.
on roll
Perry motioned, Chew seconded to adopt the o~ dinan smith "aye",
Hopkins a". "ayeon
` vote, Trent "nay '01 Alexander "aye", "
Chew "aye", Perry "aye", and Mayor Castleberry ya
i carried with a 6-1 vote.
i, The Council considered adoption of an ordinance
establishing rates for the use of the City's sanitary ).andfill site
l as authorized by Chapter 12 of the Code of ordinances of the City
4 of Denton. (The Public Utilities Board recommended approval.)
k The following ordinance was considered:
91-148
f AN ORDINANCE OF THE CITY OF DENTON ESTABLISHING RATES FOR THE
USE OF i
OF R DENTON;
CHAPTER 12E OF THE CODE IOFRORDINANCES OF THE CITY AUTHORIZED
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City of Denton City Council Minutes
September 17, 1991
Page 23
AND PROVIDING FOR AN EFFECTIVE DATE.
Chew motioned, Hopkins seconded to adopt the ordinance. On roll
vote, Trent "nay", Alexander Faye", Hopkins "aye", Smith "aye",
Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried with a 6-1 vote,
i'
J. The Council considered adoption of an ordinance
designating depositories for City funds for a term beginning
October 1, 1991 and ending September 30, 1993.
i
Harlan Jefferson, Treasurer, stated that the currant depository
contract would expire September 30, 1991. Request for proposals
1 were sent to all Denton banks, and advertised in the local paper.
This agreement was for the day-to-day banking services of the City
of accounts payable activities, payroll checks, deposits of utility
payments, etc. Two bids were received from sank one, Denton and
First State Bank of Denton. Staff was recommending to retain the
operating account program with First State Bank of Denton. They
were also recommending that the City continue to maintain banking
relationships with the following financial institutions: Bank One,
Dentont Bank one, Dallas) North Texas Savings; NCNB, Dallas,.NCNB,
Fort Worth= and Team Bank, Fort Worth.
` The following ordinance was considered;
91-149
j AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON
DESIGNhTING DEPOSITORIES FOR CITY FUNDS FOR A TERM
BEGINNING OCTOBER 11 1991 AND ENDING SEPTEMBER 30, 1993.
Trent motioned, Alexander seconded to adopt the ordinance. On roll
vote, Trent "aye", Alexander '$aye", Hopkins "aye", Smith "aye",
Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
8. The Council considered approval of a reduction in the Energy
Cost Adjustment from 1.9 cents per KWH to 1.7 cents per KWH. (The
Public Utilities Board recommended approval.)
Chew motioned, Hopkins seconded to approve the reduction. On roll
vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith tlaye'0,
Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
9. Miscellaneous matters from the City Manager.
A. The Council received a report and held a discussion
regarding security procedures at the Municipal. Airport.
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City of Denton City Council Minutes
September 17, 1991
Page 24
Mike Jez, Chief of Police, stated that the recent thefts at the
Airport represented approximately $30,000. There were several
recommendations to help solve the problem at the Airport. Those
included (1) hiring off-duty police officers or a private security
firm to patrol the Airport, (2) considering video surveillance and
alarm systems installed at the Airport, and (3) increasing random
patrols at the Airport with the available police personnel. An
extensive crime prevention security survey was another possibility
to look at key control ro1 and accessibility of Airport facilities Y Y both
public and private, individual aircraft security, utilization of
alarm and video surveillance systems to deter unauthorized entry
and thefts, control of all access roadways and security lighting in
the Airport area.
P
Mayor Pro Tem Hopkins asked why the Airport Board or the Airport
Manager had not requested additional patrols.
Jez replied that he had met with staff on at least two occasions in
the past two years. Changes had been made but more dialog was
needed,
Rick Svehla, Deputy City Manager, stated that in discussion with
the Airport Board, a concern had been expressed over the tight
budget situation. Some of the options were costly and that money fry
was not readily available. The crime prevention unit was out
several years ago and changes were made. It was time to have the i
unit out again to look at the situation.
i'
Council Member Trent asked how much a video surveillance system
would cost.
Jez replied approximately $10,000 but a better estimate would be
known after the security survey had been completed.
Council Member Trent felt if there were many more instances at the
Airport, the insurers would not insure an airplane at the Denton
Airport. That would result in a loss of revenue to the City. Some
aircraft had already been moved to other airports.
Consensus of the Council was to proceed with the security survey.
B. City Manager Harrell reported to Council a situation
regarding a hackberry tree which the City had removed. Staff
examined the procedure and concluded that staff had followed
procedures in the ordinance which called for the staff to determine
whether a tree was dying and would not survive and could remove the
tree. Staff should have obtained a writtc.i pervit to remove the
tree once the determination had been made. The paperwork trail, had
not been followed. The decision point would have been the same
I
City of Denton City Council Minutes
September 17, 1991
Page 25
whether the permit had been obtained or not.
Council Member Trent asked who was qualified to make the decision
that the tree was dead,
City Manager Harrell replied that there was an employee who was
primarily responsible for removing trees. He had been on the job
for 17 years. He had made the decision and Harrell supported that "
decision.
! A citizen in the audience questioned why the tree was removed in
the first place.
I
Mayor Castleberry requested Harrell to respond to the citizen's
question.
{
Harrell replied that the tree was removed in accordance with a
complaint filed by the City stating that various limbs were falling
on vehicles. A substantial amount of the tree was dead and in
accordanou ;pith the tree preservation ordinance, the criteria was
followed to remove the tree.
Council Member Trent stated that he had spoken with a member of the 3
Planning staff who had assessed the tree a week ago. That staff E
member had indicated to him that the tree was not dead and just -
needed trimming.
City Manager Harrell replied that he stood by his report and the
documentation given in the report which indicated that over a foot
of the tree was dead. It was a dying tree and was judged to be a
hazard to the property,
10. There was no official action taken on Executive Session items
considered during the Work Session.
11. New Business
The following items of New Business were suggested by Council
Members for future agendas3
A. Council Member Smith updated the council on the situation
regarding the Loop 288 extension and the neighborhood. The
residents, city staff and representatives from the Highway
Department had met and she felt good progress had been made in
understanding everyoness positions and reached a good level of
communication.
council Member Trent asked if it looked like someone was going to
investigate a noise wall and if so, did it look like it was going
to happen.
i
City of Denton City Council Minutes
September 17, 1991
Page 26
Council Member Smith replied yes and that the representative from
the Highway Department would investigate answers to several
questions the residents had and all involved would meet again in a
month.
0. Council Member Perry stated that he was pleased regarding
the recent Economic Development meeting held at the Chamber. A
representative from Sally Beauty commended the City staff on the
cooperation they had received in locating the business.
C. Council member Smith asked for an October meeting for
discussions within council as discussed at the earlier council
planning session.
After discussion, consensus of Council was to delay the session
until a date in November and to hold the session in Denton.
12. The Council did not meet in Executive Session during the
Regular Session.
With no further business, the meeting was adjourned at 10.20 p.m.
BOB CASTLEBERRY, MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON$ TEXAS
1
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CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: Appr-)val of a tax refund to Payless Cashways, Inc,
RECOMMENDATION:
j The Tax Department has mailed an Overpayment better and an Application
for Refund to the taxpayer. All completed forms and necessary documenta-
tion have been returned, requesting this refund, which the Tax Technician
recommends, j
SUMMARY:
Chapter 31,11 of the Texas Property Tax Code requires the approval of
the governing body of the taxing unit for refunds In excess of $ 500.00.
Payless Cashways, Inc. has requested a refund in the amount of $ 5,358.55 i
because they overpaid their account # 081453.
BACKGROUND:
On 11--30-90, Payless Cashways, Inc. paid the first half of their taxes.
' On 6-•27-91., they paid double the balance due. They are now requesting
a refund of their overpayment, ;
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
The Tax Department and the tax account of Payless Cashways, Inc,
3
FISCAL IMPACT:
$ 5,358.55 1
k
l
RESPECTFULLY SUBMITTED:
Lloyd V. Harrell
City Manager
Prepared by:
l ~ -
am is Schneider
Title Tax Technician
Approved:
Name 11 a Jefferson
Title Tj uror
2633C/3
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state Property Tai Board APPLICATION FOR TAX REFUND
Rotund Ap*Atk;n 31.11(1/a2)
Casoting Office Namr,
Collecting Tax For (Taxing n ts)
Address
City, State, Zip Code
- - - - - - - - - - - - - - - - - - - - - - - - - - - - -
In order to apply for a tax refund, the following Information must be provided by the taxpayer,
IDENTIFICATION F PROPERTY 0,1NNER
Name; C
I Address: y~y
Telephone Num r (!f addltional informs Ion is needsd);
IDENTIFICATION OF PROPERTY:
Description of Property, p --y^sc) n
!
Address or Location of Property: S
f Account Number of Property; or Tax Receipt Number:
INFORMATION ON PAYMENT OF TAXES:
E
! Name of Taxing Unit Year for Amount of
,
From Which Refund Which Refund Date of the Amount of Tax Refund !
j Is Requested Is Requested Tax Payment Taxes Paid Requested
I 1 / 19 0 $ 4-91 `z $ 5 1
2 9 S7~D ~y 7/ 19 S $
-~i-'-~ (t
3 19 /19- S $
a
d/} tf ^r~17 d
Taxpayer's reason for refund (attach supporting documentation): rn e fdXt°S r~Pre /h
l ph 1130-90 aK~ ~a~~ne e o~v~ was ~ovd~ orl arrc>! P~i~ 6:77-Fl
! S5" Ova a Ht,
"I h reby apply for the r fund of the abovedesaribed taxes and certify that the Information I havegiven on thlsform
is Ifue a corr t," J
Signature ~J/1% {t Date of Appllcadon for Tax Refund _
LQ ~8!! ear ~tl£=S Ciy_/nQPY~
DETERMINATION FOR TAX REFUND: Approval --Disapproval
Signature of Authurized Officer Date
Signature of Presiding Officer(s) of Taxing Date
Unit(s) for refund applications over $500
Amy person who makes a falseemlry upon theforegoing rscoMMoll beaub)satlnonedlMteMowin9irer+l~Itla1 1. impfbatmer►tol
not more 'ham 10 years nor lea, than Z years and/or a time of moil mom than $3+000 or both such 11w and
Imodsonn+entt 2, com"emment im 14" fora term up to t year or & line net io exceed 1112,000w both ouch Ilene and Imprisomn" assal
forth In Section 37,10, Penal Code.
P4FUtID. 15.11
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9XULAWWWAMAMULM00 a,
j ~.ww,IKr wwJ 8a11lfINA MooiarhiN
""MMMWWAT,$0 WJX 4194,W, A,ieA. Cil V,M9A&AnM14,'WN 1.05.09`. 71 1
G62W2W9L s t~law'F r8ib:1lT
``t~EIGHiEEN THOUSAND EIGHT HUNDRED SEVENTY-SIX AND d8/100 DOLLARS
1f 0 '0616N TAX DEPT
:~IGKINNEY S?
n4' rx 76201 F ' ✓1L~Tly !
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^i~Q .iI Rt~.'.v4 ~i ~ r ~~~ye, : i ^1 . a ~.f.: ri~ J M. Fes,
5 t dw Y I~ ,'s 'ifV ~..•1(n'M. N i r r • ~
fit' 1p. ~ •~L ~ ~ W ~
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REPORT FIOROSOW 09/!3/91 AT L8132 O; V,.E. R, p,.A Y.. 71 E N T S PAGE 3
ACCOUNT NO* RECEIPT NO* NAME ADDRESS AMOUNT STATUS OF PAYMENT
03314300000 90/09/26-0049 RAMIREZ, DONALD HILL ST Oslo CVEAPAY
13716300020 90/29/26-0050 DENNIS, JAMES 17626 CVEAPAY
_....e~A17RA644 , a6/ R/27-PflAff 4rnuEM f4,LP Ff ♦AP❑ RIL R L F f.f YF QT A7C AQ CVFRpAY4 ~>,.t
08145300000 90/09 7-0 PAYLESS CASHWAY NC 494 ACME 5T 6.J8066b OVERPAY
r qqTW R, 3X 9p021809pp0 90/09/20-0 40 EAST MCKINNEY MEAT MKT _EYMCKINNEY ST 4*1CVERPAY+
02972000000 90/09/26-0162 RILEY* BILLY MATTHEW MANHATTAN OR 33:32 CVEAPAY
03006400000 90/p9/26-0196 JOPLLNG6 JENNIFER MARIETTA ST 50 CVERPAY
12465606000 90/!0/01-0050 AMWEST SAVINGS ASSN 3401 CVERPAY
0337060D000 90/10/01-0166 WILLIAMS LORAN KAY N ELM ST 2•Q5 OVERPAY
03266600000 90/10101-0187 SHiPLET FINANCIAL CORP W OAK $201 ST 0631 OVERPAY '
BELLEMEAD OR 2x21 C E P Y
E 06333600000 90110101-0212 STUON1CKIr RAYMOND FORT NORTH $ 2 0036 CVERPAY'
02246600000 90/10101-0204 HINOMAN• MYRTLE J 9.26 OVERPAY '
90737700008 90/10/02-0006 SAMPLE BOU►IOVE BRYAN ST 0410 CVERPAY
02413600000 90/10/02-0011 W HLKEs GENE A BROADWAY ST 2489 CVERPAY
03387600000 90/!0/02-0014 GENE GOHLKE BUILDING PRODUCTS N BELL AVE 3.60 CVEPPAY
03279200000 90/10102-0016 GOHLKE4 GENE A E MCKINNEY ST
9006860000 90/10102-0017 GENE GOHL.KE BUILDING PRODUCTS E MCKINNEY Sr 1617 OVERPAY
032617000 0 90/10/02-0018 GOHLKE, GEN€ A DALLAS OR 2.91 I;VERPAY
136084000 0 90/1010-0019 GGHLKE POOL SUPPLY DALLAS OR 0487 CVEPPAY
0200020000 90/10/32-1023 MORRISON# ROBERT F If FANNIN ST -0602-CVE0PAY
p 523600000 90/~O/09-1001 CRAUS6 PATRICIA WILLOWNGGO ST 23.19 OVERPAY
001/7900000 90/ 0/22.1062 MCCORMICK4 ROBERT WESTCHESTER OR 0602 OVERPAY
03673700000 90/10/23-u024 KING, TERRY A O4 p1 OVERPAY
03156100000 90/10/23 0034 RAMEY♦ MARVIN G GREENWOOD OR Oi03 CVERPAY
030763 0000 90/10/25-0043 CARPENTER. RICKY FREEDOM LN 30.01 CVEAPAY 6 RA 02912/000 p0 90!10/24-040♦ HOUSjh4*GLUP9AN DEV CAMPBELITLN$ 2
0.02 CVERPAY
' 0286470 00 90/10/24-0017 CORLEYs MICHAEL S OAKWOOD OR' 040p1 CVERPAY
1303420 000 90/11101-0009 FEDERAL HOME LOAN MORTG CO MAY ST 8600 OVERPAY
0355240 000 90/11/01-0034 FORD6 MM R ETAL SCRIPTURE ST • OVERPAV
1 02638500000 90/11/06-0002 TAYLOR. BEULAH G EGAN ST 0414 CVERPAY
01321600000 90/12/04-0012 SWEATMAN4 C J JA NEWTON ST 0469 CVEPPAY
TOTAL OF OVERPAYMENTS 354187.43
0600
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CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: Approval of a tax refund to Payless Cashways, Inc.
E RECOMMENDATION:
i The Tax Department has mailed an Overpayment Letter and an Application
for Refund to the taxpayer. All completed forms and necessary documents-
tion have been returned, requesting this refund, which the Tax Technician
€ recommends.
SUMMARY:
Chapter 31,11 of the Texas Property Tax Code requires the approval of
the governing body of the taxing unit for refunds in excess of $ 600.00.
Payless Cashways, Inc, has requested a refund in the amount of $ 4,079.89
because they overpaid on account # 040179.
BACKGROUND:
On 11-30-90, Payless Cashways, Inc. paid the first half of their taxes.
On 6-27=91, they paid double the balance due. They are now requesting
a refund of their overpayment.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
The Tax Department and the tax account of Hebrew Home for Aged
FISCAL IMPACT:
$ 4,079.89
i
RESPECTFULLY SUBMITTED:
Lloyd, Harrell
City Manager
Prepared by:
i
amrv e Vic Schneider
Ttle Tax Technician
Approved:
Name Ha Jefferson
E Title k surer
2633C/3
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State Properly Tax board APPLICATION FOR TAX REFUND
I Reland Applkallal 31,11(4182)
l Collecting Office Name.
Collecting Tax For: (Taxing Units)
Address
City, State, Zip Code
- - - - - - - - - - - - - - - - - - - - - - - - - - - - -
In order to apply for a tax refund, the following Information must be provided by the taxpayer,
IDENTIFIC TI OF PRO RTY OW ER:
Name: 't° r rP rot r A,? 0
f Address: r- Ca .a ,mac 4Ip
Telephone Number ((f additional Information is needed): 65~/f {
E IDENTIFICATION OF PROPERTY- 7
Description of Property: C~.L✓~~r.-1~ Ci"
i
Address or Location of Prope -
Account Number of Property:rty_ or Tax Receipt Number:
{ INFORMATION ON PAYMENT OF TAXES:
Name of Taxing Unit Year for Amount of
From Which Refund Which Refund Date of the Amount of Tax Refund
Is Requested Is Requested Tax Payment Taxes Paid Requested
i
~r7~ S D 79
2. 19 $
s 3 19 / 19- $
Taxpayer's rea:,on for refund (attach supporting documentation):
Ili e tr 0 rC- I"c'qy< ~ d r^e AV o G (//r 89 vCr Pn-{
"I hereby apply forthe refund of the above-desorlbed taxes and certify that theinformatlon I haveglven on thlsform
Is true a corn '
Signature -160)~ /h Sf Date of Application for Tax Refund
% `
- - - - - - - - - - - -
elo DETERMINATION FOR TAX REFUND: Approval Disapproval
Signature of Authorized Officer Date
Signature of Presiding Officer(s) of Taxing Date
Unlt(s) for refund applications over $600
Any person who makes a false entry upon the tonguing record shah be sublod W a" of thekOowln6 p 0dool 1, hnprteo wwM of
not more than 10 y"m not lees than 2 tare ;ad/or a Ill of nol moo Von $000 or Will such Ens and
Imprisonment; 2, oenflntnraM In jaN for a term up to 1 ywr or a One "Ito oxoeed $2,000 or both such fine and Imprisonment as set
forth In Soction 31.10. Penal Cod*.
REPOND, 31.n
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L~Iif1 AhwNyN, Inc, rKUldla+r+vue.,«uur~ leq
~.,,,hlrcr wod qulldinA ~IHi.~iel+
IIpO►WNliFMXY,PPf1l1MyI~i1W,rIViaA, ~;i1Y.W)1rNMi<IOIN 105092/1 `
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~ Ad6aiuann~ U6/25/9l 5 ••':r'~`e.etbar
~'==wstEtGHTEEN THOUSAND EIGHT HUNOHED SEVENTY-SIX AND 68/100 DOLLARS
3 1,<~r 1
t~ T► .o`raa of
O~hMaGN TAX VOT
MCKINNaw ST
iX 76201 r'1•!~ '-T
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REPORT FJOR05DW 09/13/91 AT 18132 C Y E R P A Y M E N 7 S PAGE 3
ACCOUNT NO. RECEIPT NO. NAME ADDRESS AMOUNT STATUS OF PAYMENT
03314300000 90/09/26-0049 RAMIREZ• DONALD HILL $T O a8 OVERPAY
17.95 f1la nn •Y Y
/09/Zj 0060 HEDRE0 A09 FCR AGED-R[VERDALE -~T M T 4 79 PQ %AY--=r-,^,--wy -
/09/27-0061 PAVLFSS ~$IIM YS• NC A9 l: • • 0 PTV
QajdjbjUQQQV 02766000000 90/09/28-0026 PENNINGTON, JAMES ETUK AVE A oool OVERPAY
90021600,000 90/09/28-0146 BAST MCKINNEY MEAT MKT E MCKINNEY ST 1.24 CVERPAY
02972000000 90/09/28-0162 AILEY• BILLY MATTHEW MANHATTAN OF 33.62 CVERPAY
03506400000 90/09/28-0196 JOPLING. JENNIFER MARIETTA ST 5.00 CVERPAY
12465600000 90/10/01-0050 AMWEST SAVINGS ASSN 0.Ot CVERPAY
03370600000 90/10/01-0165 WILLIAMS, LORAN KAY N ELM ST 2.95 OVERPAY
03266600000 90/10/01-0187 SHIFLET FINANCIAL CORP M OAK 1201 ST 0 of OVERPAY
02246600000 90/10/01-0205 HINDMAN* MYRTLE J BELLEMEAD OR 2.21 OVERPAY
00333600000 90/10/01-0212 STUONICXI, RAYMOND FORT WORTH / 2 0 06 OVERPAY -
i 90731700000 00/10102^0006 SAMPLE BOUTIQUE BRYAN ST 0.10 OVERPAY
02413600000 90/10/02-0011 GOHLKE, GENE A BROADWAY ST 2.69 CVERPAY
03307600000 90:10/02-0014 GEYE GCHLKE BUILDING PRODUCTS N BELL AVE 3.66 CVERPAY
03279200000 90/'0102-0016 GOHLKE. OFNE A E MCKINNEY ST 9.28 CVERPAY'
90065600000 40/10/02-0017 GENE GOHLKE BUILDING PRODUCTS E MCKINNEY ST 1011 OVERPAY
03251700000 90/10/C2-0018 GOHLKE• GENE A DALLAS OR 2091 CVERPAY
13605400000 90/10/02-0019 GCIILKE POOL SUPPLY DALLAS DR 001 CYEPPAY
02050200000 90/10/02-0023 MORRISON~ ROBERT F 11 FANNIN ST - 0*02 CVERPAY
03523600000 90/IV09-0001 CRAVS. PATRICIA WILLCWVOOD ST 23.19 OVERPAY
02117900000 90/1v/22-0062 MCCORMICK. ROBERT WESTCHESTER OR 0.02 OVERPAY
03673100000 40/10/23-0024 KING, TERRY R 0001 OVERPAY
03156100000 90/10/23-0034 RAMEY, MARVIN 0 GRECNWOOO DR 0:03 OVERPAY
03016300000 90110/23-0043 CARPENTER. RICKY FREEDOM LN 0:11 CVERPAY
31026100000 90/1G/23-0045 RAMIREZ@ LUIS FORT WORTH A 2 O0 CYEPPAY
02912400000 90/10/24-0004 HOUSING 0 URBAN BEV CAMPBELL LN 0,02 CVERPAY
0 - `
At .0011 CORLEY♦ MICHAEL 5 .OAKW000 DR - - 040 OVERPAY
13028643427000000003 9400/tl 0At-0009 FEDERAL HOME LOAN MORTG CO MAY ST d•01 CVERPAY
! 03552400000 90/11/01-0034 FORV. WM R ETAL SCRiPTURe ST 0.03 OVERPAY
02638500000 90/11/,06-0002 TAYLOR, BEULAH G EGAN ST 0.14 CYEPPAY
03321600000 90/l2/ 4-0012 SW£ATMAN9 C J JR NEWTON ST 0:89 CVf..PPAY
i
.
TOTAL Of OVERPAYMENTS 350151440
0.00
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ORDINANCE NO.
AN ORDINANCE ACCEPTING A COMPETITIVE SEALED PROPOSAL AND AWARDING
A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR
SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING FOR AN EFFECTIVE DATE.
I
WHEREAS, the City has solicited, received and tabulated com-
petitive sealed proposals for the purchase of necessary materials,
equipment, supplies or services in accordance with the procedures
of state law and City ordinances; and
WHEREAS, the City Manager or a designated employee has reviewed
and recommended that the herein described proposals are the best
responsible proposals for the materials, equipment, supplies or
services as shown in the "Proposals" submitted therefor; and
i
j WHEREAS, the City council has provided in the City Budget for
the appropriation of funds to be used for the purchase of the ma-
terials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECT2 1J I. r1hat the numbered items in the following numbered
bids for materials, equipment, supplies, or services, shown in the
"Proposals" on Pilo in the office of the City's Purchasing Agent
fJ.led- according to the number assigned thereto, are hereby accepted
and approved as being the lowest responsible bids for such items:
ITEM
NUMBER NO. VENDOR AMOUNT
j
BID /1270 ALL SOUTHWEST FLUIDS PRODUCTS INC. $55,676.00
BID /1282 1 6 2 PREFERRED SALES AGENCY (PSA) $74,604.00
{ BID /1284 ALL BRITTON BLDG. WNCE. $690698.45
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sECTTON Ij. That by the acceptance and approval of the above
E numbered items of the submitted proposals, the City accepts the
offer of the persons submitting the proposals for such items and
agrees to purchase the materials, equipment, supplies or services
j in accordance with the terms, specifications, standards, quantities
j and for the specified sums contained in the Invitations, Proposals,
and related documents.
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f
FCTrON III. That should the city and persons submitting ap-
proved and accepted items and of the submitted proposals wish to
sinter into a formal written agreement as a result of the accep-
tance, approval, and awarding of the proposal, the City Manager or
his designated representative is hereby authorized to execute the
written contract which shall be attached hereto; provided that the
written contract is in accordance with the terms, conditions,
specifications, standards, quantities and specified sums contained
in the 'Proposal and related documents herein approved and accepted.
,SfC~TIQH iY_. That by the acceptance and approval of the above
I
numbered items of the submitted proposals, the City Council hereby
authorizes the expenditure of funds therefor in the amount and in
accordance with the approved proposal or pursuant to a written ;
contract made pursuant thereto as authorized herein.
2ZgTj9 VV. That this ordinance shall become effective imme i
diatsly upon its passage and approval.
1991.
! PASSED AND APPROVED this day of ,
~I
BOB CASTLEBERRY, MAYOR ` y
s
1
i
ATTEST 34
JENNIFER WALTERS, CITY SECRETARY
E
BY:
i
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
E
j BY:
j3
i
i
i
s _
DATE: October 1, 1991
i
9ITY_~Qlili~.~~_H$P.gHT
TOs Mayor and Members of the City Counoil
FROM; Lloyd V. Harrell, City Manager
SUBJECTS BID #1270 - PORTABLE SANITARY SEWER FLOW METERS
$SQ.QMM"2ATIQUI No recommend this bid be awarded to the low
{ bidder, Southwest Fluids Products Ino. The eight meters are
$6,959.50 each for a total award of #55,676.00.
PUB recommend approval.
t
i c
This bid is for the purchase of eight (8) portable
sanitary sewer flow meters. They will be used in an ongoing
infiltration/inflow study for the Cooper Creek Basin. The
purpose of these meters is to simultaneously monitor
different reaohes of the sanitary sewer system during a
single rainfall event so the area containing the greatest
amount of infiltration/inflow can be identified and studied
first,
P
After the Cooper Creek Basin is complete the meters will be
utilized for study of the Pecan Creek Basin and then the
Hickory Creek Basin.
BA4g4$.QU2t Tabulation sheet.
P$49$AM. _~FEA$TMEt(T_0$_-_222228_-AEU911 Q o Waste Water
Utility.
1 EI,TCAL-=A4Ts Funds for this purchase will come from
1991-92 Water d. Sewer Utility Revenue Bonds Account Number
624-082-Y102-9107, This expenditure is a portion of the
'1991-92 Capital Improvement Plan funds set aside for
Infiltration/Inflow correction. A balance of $194,324.00
remains from the $250,000,00 fund.
Respeotfully submitteds
j
LlCityoyd V. Harrell
Manager
A pry r~i~ r
-
Names Tom D.Shaw, C,F.M.
Titles Purchasing Agent
18/jh
190.DOC
4 ~ Yip
i i
M
I I
BID i 1270 i [
~ I I I
BID NAME SANITARY SEWER PORTABLE I SOUTHWEST I MARSH !
FLOW METER [FLUID PRODUCTS i MCBIRNEY INC.
I I I
OPEN DATE JULY 30, 1991
_ M I
!
- - - - -
# I QTY 1 ITEM DESCRIPTION 1 VENDOR I VENDOR I
w1~1 I PORTABLE SANITARY SEWER I $6,959.50 I $6,569.50 I
FLOW METER I EACH € EACH
f 1 j
j ! I TOTAL i $55,676.00 1 $551756.00
1 DELIVERY I 145-50 DAYS i 45 DAYS ~
I
( 1 I
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3
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f
5
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3
r- ,-'7i lut 1J:cb I01 IT`S 4:' DEHTON LW TEL H0U 81?-55b-8121 96192 Pot/01
i
j
EXCERP
MINUTES OF PUBLIC U ILITIES BOARD
September 18, 1991
12, CONSIDER BID AWARD OF $55476 TO SOUTHWEST FLUID PRODUCTS,
INC$ FOR EIGHT (8) PORTABLE SANITARY SEWER FLOW METERS (FLO-
I TOTES).
+ Coplen made a motion to recommen to the City Council approval
E of
~ subject
portable sanitary sewer flow meters In the amount
of $55,000, Second by Frady.
All ayes, no nays, motion carri d.
P
j
3
I ~
I
1
Poa!•It"brand fax Iran mIlIal mero.7
6%Z A'OIP~n~I ► 1
' t
opt
i
i
1 38
d
IU: IT'i i=,F DEPITON LIA TEL Pl0:817-566-8120 13882 F'01/01
EXCERPT
MINUTES OF PUBLIC UTILITIES BOARD
September 18, 1991
12. CONSIDER BID AWARU OF $55,676 TO SOUTHWEST FLUID PRODUCTS,
INC. FOR EIGHT (8) PORTABLE S. ITARY SEWER FLOW METERS (FLO-
TOTES). !
Coplen made a motion to recommend to the City Council approval
of subject portable sanitary se sr flow meters in the amount
of $55,000. Second by Frady.
All ayes, no nays, motion carri d.
1
i fE
, f
P08t-It" brand fax Fran n1 ttal memo 7971 A olpp~~ ►
C0..
opt
ono
xx N
~x
I
38
i
4
gEt
DATES October 11 1991
QT?Y_QQlZ134IL_S9HIT
TOS Mayor and Members of the City Council
FROMs Lloyd v. Harrell, City Manager
1
SUBJECT: BID P1282 - PADMOUNT S4IITCHGEAR
SFS~Q~SMElip6IlQ~l: we recommend this be awarded to the lowest
bidder, preferred Sales Agsann)' (PSA) fors
item 1 - 7 each type 9 u itohgear at $6651.00 each.
Item 2 - 3 each type 11 Switohgear at $7309.00 each.
f Total bid award $740604.00
sr
F:
H~SM88Ys This bid is for the purchase of 10 sets of
padmounted switchgear. This equipment will be used in he
maintenance and new construction of the Eleotrio
Distribution System. The padmounted gear consist of a self
supporting outdoor enclosure, containing interrupter
switches and power fuses with the necessary accessary
oomponents, all completely factory assembled and
operationally tested.
k i r
These units will be installed at Mervyn's, 2 on South
3 Locust, 1 on Pennsylvania Drive and 6 for stock.
j"jQBQUN.Qs Tabulation sheet.
E$9QZAMAA 2"IBE NT_ -22-AIQUE2--_AEE&AISQ ~ E l e o t r i o
Distribution Utility.
EIUQAL_jMEAaTs This equipment will be funded from 1991-92
budget account 610-080-0252-9221 Electric System
Underground.
Hespeotfully subm'tt,eds
Lloyd V.+Harrell~T _w.----°
City Manager
Approved:
Names Tom D. Sh C.P.M.
Titles Purohasind Agent
TS/jh
191.DOC -
x
BID 1282 I I I I I ! I
t 1 I I
BID NAME PAFMOUHTED SNITCHOEAR I CUMIINS I TEMPLE I 0 B SUPPLY I POLBLINE IPREFERRED SALESI PRIESTER I
I I 1 I i AGENCY
OPEN DATE SEPTEMBER 5, 1991 I I f I I I I
I I I I i 1 !
I~ I I I I I _.I
!f I QTY I ITEM DESCRIPTION I VENDOR I VENDOR I VENDOR I VENDOR I VENDOR I VENDOR
~I~I I f I 1 I I I
I SWITCH OBAR TYPE 9 ( 47,512.55 1 47,754.00 1 47,632.55 1 $6,738.98 1 $6,651.00 ( 4T,700.O0 I
MODEL AB4 NITO CHANNEL i 947,512.55 I I I I I I
I SWITCHGBAR TYPE II 1 480205.75 I 480364.00 I 48,231.32 1 47,818.98 I 47,309.00 1 48,300.00 I
I I I N481271.63 I I I f I I
I I I I 1 f I !
I I DELIVERY I 04-6WKS 1140-154 DAYS I FIRM 30 DAIS ( 4-6 WKS ! 147 DAYS I 160 DAYS I
I 1 ( I I FOB SHIPP014T I I I I
k I ! MFG. I S i C I S A C I S i C I CHANCE I ELECTRICAL I S i C I
I I I 1CRANCE 1 f I I E00IP. I I
I 1 I I I I CENTRAL I
! I R I I I I MocoNBY I
I I ! I 1 E I f
s
s
1
(1
DATE; October 1, 1991
R
I
I ~.IT7L_4~gI~~3L_fl~PaBT
TO: Mayor and Members of the City Council
w
FROMt Lloyd V. Harrell, City Manager
1 SUBJECT: JANITORIAL SERVICE FOR RECREATION CENTERS
B&S0MFd!il?jj2K i Council approve award of Bid 1284 to the low
bidder meeting specifications, Britton Bldg. Mtnoe., Ina.,
in the following amounts:
i ,
f Civic Center $12,385.90
Senior Center 18,221.28
Dania Roo. Center 120735.47
North Lakes Rec. Ctr. 12,735.47
Tennis Center 2,371.17
MLK Jr. Roo. Ctr.11129.16
TOTAL $69,698,45
SUMMAS.Y: 'This bid is for the annual cleaning at all
recreation centers with an optional one year extension.
BJ's Cleaning submitted the lowest pricing; however, the bid +f
was not valid because the required bid bond was not
included. Impact Cleaning submitted the next low bid;
however, vendors were required to supply the City with a
list of at least three references for contracts of
comparable size to this bid to be used during bid
evaluation. The total to be covered in the City buildings j
f is approximately 80,000 square feet. The references listed
by Impact indicated that the area cleaned ranged up to only
50300 square feet. We are recommending Britton Bldg.
Mtnoe., Inc. whose bid was the next low (only $203.45 per
year more than Impact) and whose references oonfirmed
existing oontraot sizes up to 500,000 square feet.
HAliK~$4Ii~1]Zt Tabulation Sheet
ESQS1flA1._pEP~R TMliT_StB_1tB41iP~_AEEF~TE~ i Parks 3 R e o r e a t i o n
Department, Citizens & Visitors to Recreation Facilities
LU2A1--IMEAfU1 Payments will be made from the 191-92
budgeted funds for Facility Management, Account
0100.032-0002-8502.
la ps+a}bA
r
City Counoil Report
Ootober 1s 1991
Page 2 of 2
i
Respeotfully submitteds
i
~ Lloyd V. HarreZi j
City Manager !
Prepared by:
Names Melanie A, Harden, ,
Titles Buyer
Approved s
Names Tom D~.Shaw
Titles Purohasing Agent {
i
189.DOC
i
l
I
1
BID H 1284 I I I I 1 I
I I I
E E I E 1
BID NAB JANITORIAL MRVICE FOR I BRITIM BL G REDLEE IW I WdM GLOVE I BYS CLEANING PECUS 1 Ilipwr I
RE7MTICN CMrERS I MW INC I JANMR SERV I SERVICE 1 I CIF:Am E
I E I I 1 I I
OPEN DATE SFP'I'IIMR 91 1991 I I I 1 I I
1
1_ I hI 1 _._.I I '
1 I IIM DE4CRIMCC I wwli I VENDOR I VFMR I VENWR I VENDOR I VENDOR I ;
~hI I I I~ I I I
I I I I I I I
I I I I I E I I i
1 I I CIVIC Cum I $1213A5.90 I N/B 1 $15,000.00 1 $9,500.00 1 $16,448.04 1 $13,900.00 1
I I I I I 1
2 I f M41OR CFNfF'R 1 $18,221.28 1 $9,944.60 1 $17,1100.00 1 $9,300.00 1 $15,256.82 1 $14,950.00 1
I 1 1 f 1 I I I
3 1 1 DFNIA RE CMU 1 $12,735.47 1 NIB 1 $15,OOG.00 I $5 ,900,00 f $25,455.69 1 $13,250.00 €
i ! I 1 I E 1 I
11 1 I NOM LAM RFC CEtM i $12,735.47 1 N/B i $15,000.00 1 ,y `5j9OO,00 1 $25,455.69 1 $13,250.00 1
E I ! E I I I I I
5 I I TOW) CENTER 1 $2,371.17 1 N/B 1 $7,800.00 1 $5,800.00 E $9,369.78 1 $1,200,00 1
i I 1 I I I 1 I I'
l 6 1 1 MX JR RW CENTER 1 $11,249.16 1 N/B I $13,200.00 1 $5,900.00 1 $25,455.69 1 $12,945.00
` i I 1 I -I-1-- ------1-----I I
I I I TOTAL I $69,698.45 1 $9,944.60 1 $83,400.00 1 $42,300.00 1 $1179441.71 1 $69,495.00
1 I I
I I BM BONUS I m I YES I rF.s i NO I `ES 1 YES
I
{
i
2517L/1589
NO,
AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A
f CONTRACT BETWEEN THE CITY OF DENTON AND MAGNETEK ELECTRIC INC. ;
PROVIDING FOR AN INCREASE IN THE CONTRACT PRICE; ANO PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on May 7, 1991 , the City awarded a contract for
the construction o certa n mp ovvements to Power Trannforner and
Substation Packaae in the amount o xng~~an nn ; an
WHEREAS, the City Manager having recommended to the Council
that a change order be authorized to amend such contract with
respect to the scope and price and said change order being in
compliance with the requirements of Chapter 252 of the Local
Government Code; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DENTON:
SECTION I. That the change order to the contract between the
City ar n~`- ECTRIC INC. , a copy of which is
attached ereto, n t e amount o ent Thousand Ei t Nun red E t ,
Five and Nn/1 a o ar8 g Q , f,
hereby approve an t e expenditure of funds therefor is ereby
authorized.
i SECTION II. That this ordinance shall become effect!.ve
E immediately upon its passage and approval.
t
PASSED AND APPROVED this the day of , 1991
BOB CASTLEBERRY, MAYOR
ATTEST:
I
JENNIFER W RS, CITY R
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY:
I
r.
I
DATES October 1, 1991
C~jTy_CQpNr,.~L_IiEY4E2
T0; Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: P.O.#13560 - MAGNETEK - CHANGE ORDER
1 #1. $20,885.00 (BID #1241)
f t 3
F
gF Ml lA8T~4fls we recommend this change order number 1 in
~ the amount of $200885.00 to Magnetek Electric Inc. be
approved.
2 MMAHYt This change order is for an additional relay panel
to be added to the substation transformer purchased from ;
t
Magnetek for $809,450.00. In the past these relays have '
been furnished and installed by T.M.P.A. Due to a change in
procedure this relay has beoomc the responsibility of the City !
of Denton and must be added as a change order.
4
The new total contract amount is $830,335.00.
J"Ja$Qy,j,s Quote from Magnetek dated 7-22-91.
- 3
Ex4SiflAhi~y9EE~TbE~T_~BQSIPfl_AEE E42Ep: electric Utility
Substation Division.
FY,~LA~YllEASeTs Funds for this change order will oome from
1991-95 Capital Improvement Plan aoovunt number {
612-080-RB90-FO00-9217.
Respectfully submitted: j
Lloyd V, Harrell
city Manager
Approved:
NametTom D. Shaw# C.P.M.
Title: Purchasing Agent
TS/jh
192.DOC
-~rrr
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MagneTek
WAUKESHA, WI r-
_ CHANGE_ ORDER ACKNOWLEDGEMENT
CUSTi&_E 640ER NO. ORDER NO. " OROER DATE PAGF~----
13560 10617-03 (06/03/9l) 1, OF 2
SALESPERSON CUSTOMER NO, SOLD TO
REASLER ASSOCIATES INC* 0846 CITY OF_DENTON
MARKETING CONTACT 90113 TEXAS STREET :
i LAWRENCE SIEGEL ATTS TOM SHAW
SHIP TO DENTON TX '76201
CITY OF UENTON
ARCO SUBSTATION DELIVERY TEAW
IENTON TX 76201 FOB PAO
TERMS OF PAYMENT
SEE BELOW
APPLICABLE TAX
I
GHANag OATEiS17 22/91
I
ITEMS 06 LOOSE RELAY PANEL f.
WORK ORDER NUMBER: W031743
I'I CHANGE 2 LMS 7122/91
l ADDED TO ORDER ONE(I) RELAY PANEL CONSTRUCTED THE SAME AS SH0414
ON DRAWING CENTRAL ELECTRIC C2744 DATED 10/14189. THE RELAY PANEL
WILL 8E SUPPLIED WITH THE FOLLOWING EQUIPMENT MOUNTEU# WIRED AND
TESTED IN OUR FACTORY:
3-GENERAL ELECTRIC BUS DIFFERENTIAL RELAYS PV021A13A(RAkGE 100-400V)
1-ELECTRO SNITCH LOR
1-81TRONICS THREE(S) PHASE ATA DC2 METER DEVICE IMTR
I-GENRAL ELECTRIC BREAKER FAILURE RELAY SBC23AID
1-GENERAL ELECTRIC BREAKER CONTROL SWITCH AND LIGHTS(THIS.SWITCH
ASSOCIATED WITH USER SUPPLIED BREAKER)
1-LOT OF TERMINAL 8LCCKSsLITES#CTC AS !REQUIRED.
I-FT-1 SWITCH FOR USE WITH BITRONICS METER.
r THE RELAY PANEL BE SUPPLIED LOOSE FOR MOUNTING IN THE FILED' BY aTHeRso
MAGNETEK WILL PROVIDE AN INTERFACE DRAWING SHOWING ALL CONNECTIONS.
BETWEEN CUSTOMER SUPPLIED EQUIPMENT AND MAGNETEK SUPPLIED RELAY
PANEL.
MAGNETEK FIVE YEAR WARRANTY APPLIES FOR THIS EQUIPMENT+
CHANGE 2 LMS 7/22/91
ADDED ITEM 6 FOR ONE RELAY PANEL TO BE SUPPLIED LOOSE FOR MOUNTING
IN aXISITNG CONTROL HOUSE BY OTHERS:
agneTek Eleotr10, Inc. 0 400 S. Prairfo Avenue • WAUKESHA, WI 53186 • 1.800.835.2732
i~
,
Ma9neTek
`
h WAUKESHA, WI
P
CHANGE ORDER ACKNOWLEDGEMENT
~ ~ T ORDER DATE PA(iE.~
CU STOM ER ORDER NO. ORDER NO.
13560 10617-03 (06/03/91) 2 OF 2
_
SALESPERSON CUSTOMER NO. SOLD TO
KEASLER ASSOCIATES INC. 0846 CITY OF DENTON
MARKETING CONTACT 9018 TEXAS STREET !
LAWRENCE SIECEL ATT': ToM SHAM
I SHIP TO DFNTON TX 76201
CITY OF DENTON
` ARCO SUBSTATION OOLMRV -3 "Mb
I DENTON TX 76201 FOB PAD
TRWAS OP PAYMENT
g L SEE 13ELOW
AMW" TAX
s ITEM COST ADDERS $ 20085.00
NEW TOTAL CONTRACT PRICE= f 630.335.00
q,
i
{
1
f
i
lagneTak Electric, Inc, • 400 S, Pralrie Avenue • WAUKESHA, WI 63186 • 1.800.836.2732
,
r `
I. fl.Y sir. Yi
1
September 19, 1991
CITY COUNCIL AGENDA ITEM
TOi MAYOR AND MEMBERS OF' THE CITY COUNCIL
f
PROM: Lloyd V. Harrell, City Manager
' SUBJECT; CONSIDER APPROVAL OF A CHANGE ORDER TO THE MAGNETEK
ELECTRIC PROPOSAL FOR SUBSTATION EQUIPMENT, PURCHASE
ORDER NO. 13560.
RECOMMENDATION
The Utilities Hoard and the Electric Utilities Staff
recommends the approval of the change order for the
acquisition of one (1) relay panel with relays and control
installed at a cost of $22,385,00.
SUMMARY/BACKGROUND
t On May 7, 1991, the City of Denton entered into contract
with Magnetek Electric for the purchase of a 16,000 KVA,
138,000 volt to 13,200 volt substation transformer plus the
associated equipment to connect this transformer to
T.M.P.A.'s 138,000 volt line, and to provide three (3) - f'
I 130200 volt distribution circuits. This substation will be
located on T.M,P,A.'s 138,000 volt transmission line at
their interchange station with Texas Utility known as the
ARCO interchange located at the intersection of Gessling
Road and Blagg Road in northeast Denton.
This is the third substation of this t
Denton has located on the T.M.P.A. 138YOOOtvolt ttransmission
line that encircles the City of Denton. On the two previous
substations of this type= T.M.P.A. provided the control
panel complete with the necessary
Indicating instruments, (volt protective relays,
lights), and control devices, andethen abilled ethe city cfotron
this equipment. However, on this station, after the City
had already taken bids and awarded the contract, T.M.P.A.
advised they would prefer the City of Denton provido this
control equipment through its own purchasing procedures,
rather than T,M,P,A, providing it, ;
This change order to Magnetek Electric in the amount of
$22,385,00 is requested to provide the control panel
necessary for connection to the T,M,P,A.'s 138,000 volt
transmission line. This change order will increase the
original purchase order $135(0 in the amount of $809,950,00
by .02768 and result in a total cost for this station of
J $831,835.00.
Change Order to Magnetek
Page 2
Magnetek Electric was the low bidder, and was awarded the
contract to furnish all necessary materials and designs for
the distribution substation. issuance of this change order
will allow Magnetek to fabricate this additional panel at
the same time and plant as the panels needed in the original
order are being fabricated. This would save the City of
' Denton Electric Utilities approximately $8,000.00, versus
the design, specifications, and bid process required of a
separate purchase.
DEPARTMENTS/GROUPS AFFECTED
The City of Denton ratepayers, T.M.P.A., Electric
Substations and Metering Department for maintenance and
operation.
FISCAL IMPACT
j This project is in the 1991 Capital Improvement Plan under
Project Wo. 91-0255-01 in the amount of $1,200,000.
Respectfully Submittpd,
i Lloyd V. Harrell
City Manager
epared by,
H. Tullo&
Director of Electric Utilities
Approved by,
E, Nelson
Executive Director of Utilities
09191133.WP
1. rix rya ,
f
FiYT a_)
-y
722
CONSIDER BID AWARD OF $55,676 TO SOUTHWEST FLUID PRO&UlTS ~
723 12.
INC. FOR EIGHT (8) PORTABLE SANITARY SEWER FLOW METERS (FLO-
724
725 TOTES). royal
Coplen made a motion to recommend to the City Council app
726 ewer flow meters in the amount
i 727' of subject portable sanitary s
1 728 of $55,0004 Second by Frady.
729
730 All ayes, no nays, motion carried.
731
32 13. CONSIDER APPROVAL OF A CHANGE ORDER TO THE MAGNETEK ELECTRIC
7 ;
PROPOSAL FOR SUBSTATION EQUIPMENT, PURCHASE ORDER NO. 13560.
733
734 '
t
Tullos introduced this item explaining that the original
735
736 purchase order approved by the Board was in the amount of
$826,000. it now appears that it will be less expensive for
737
738 Magnetek to build the necessary control panel than to have it
done by TMPA as in the past. !"his control panel will control
739
the 138,000 KV breaker that will service the transformer. A
740
741 total savings of $8,000 can be realized on the total cost.
742 royal
743 Coplen made a motion to recommend to the City Council app
744 of subject change order. Second by Laney. All ayes, no nays,
745 motion carried.
746
747 14, RECEIVE CUS'T'OMER SERVICE REPORT FOR AUGUST 1991.
30
I
i
i
i ORDINANCE NO.
j
AN ORDINANCE AUTHORIZING THE EXECUTION OF CHANGE ORDER NO. 6 TO A
j CONTRACT BETWEEN THE CITY OF DENTON AND MARTIN K. EBY CONSTRUCTION
CO., INC.; PROVIDING FOR A DECREASE IN THE CONTRACT PRICE; AND PRO-
VIDING AN EFFECTIVE DATE.
I
P WHEREAS, on May 15, 1990, the City awarded a contract for the
construction of certain improvements to Martin K. Eby Construction
Co., Inc, in the amount of $4,271,600.00; and J
WHEREAS, the City Manager having recommended to the council
that a change order be authorized to amend such contract with
respect to the scope and price and said change order being in
compliances with the requirements of Chaster 252 of the Local
Government Code; and
WHEREAS, Black and Veatch has agreed to pay Martin K. Eby
Construction Co., Inc. the sum of $52,385.43 for relocation of
certain facilities due to redesign necessary to accomodate the one
hundred year flood and the attached change order provides for this
construction free of charge to the City; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That Change Order No. 6 to the contract between the
City and Martin K. Eby Construction Co., Inc., a copy of which is
3 attached hereto, for a total decrease of Twenty-Eight and 74/100
Dollars ($28.74), is hereby approved and the expenditure of funds 3
therefor is hereby authorized.
SECTION II. That this ordinance shall become effective im-
mediately upon it passage and approval.
PASSED AND APPROVED this day of , 1991.
I
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BYr
APPROVED AS TO LEGAL FORMS
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
~tJ
JI&A2 AL-104
j
z
r
DATE: October 1, 1991
r
4~TY_.~QlIfl~34_flflE48T
TO. Mayor and Members of the City Council
P FROM: Lloyd V. Harrell, City Manager
SUBJECT: CHANGE ORDER i6 MARTIN K. EBY CONSTRUCTION CO.
EF09 112AUSH: We recommend that change order X16 to Martin
K. Eby be approved and the contract price be decrease x28.74
net.
PUB recommends approval.
i
MMAJIY: This change order is an accumulation of four (4)
separate aotione:
1. Adder of $1473.00 for flange installation at Ray
Roberts Hydroelectric project.
2. Deduct of $3096.74 for design changes ir.. Ray Roberts
Switchyard.
3. Adder of $1595.00 for modifications to a bearing ring
at Lewisville Hydroelectric project,
4. Adder of $ 00.00 for design modifications by Black &
Veatch at Ray Roberts.
( $28.72) Net Contract Changes i
Revised total price $4011,310.26
The most signifioate change is item 4. This item amounts to
a $52,385.43 change in design of Ray Roberts powerhouse
including relocation of an existing Louver, installation of
~,J north stairs with walla, fence on the roof, and water tight i
door on south side. Black and Veatch will pay Eby the full
amount on an separate purchase order resulting in a zero
dollar effective on City of Denton's contract with Eby.
BA.~ElZfl9~ttip i
1, Minutes from PUB 8.14-91
2. Change Order Summary Exhibit I
3. Item 1 Exhibit II
4. Item 2 Exhibit III
5. Item 3 Exhibit IV
6, Item 4 Exhibit V
7. Letter from Black & Veatch 8-5-91
L'$QS)$AMfl._Z2FEAflTbF2iT__~fl_9fl4liEiz__AEE1i&TE~~ Electric Utility
Department; Ray Roberts and Lewisville Hydroelectric
projects.
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City Council Report
October 1, 1991
Page 2 of 2
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's ET,S !L_~ME6SeTI Revised total contract amount shall be
$4,311,310,26 which is 0.93% above original contract price
{ of $4,27116oo.oo.
Respectfully submitted:
L1oyd~V. lfarrell~
City Manager
Approved:
Names Tom D. Shaw, G.P.M.
Titlei Purchasing Agent
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193.DOC
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EXCERPT
PUBLIC UTILITIES BOARD MINUTES
August 14, 1991
12. CONSIDER CHANGE ORDER FOR EBY TO PURCHASE ORDER WORK UNDER
DENTON/EBY CONTRACT FOR BLACK AND VEATH.
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Action:
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Laney made a motion to approve the change order. Second
by Coplen. All ayes, no nays, motion carried.
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EXHIBIT
EXHIBIT I
SUMMARY COST TABLE
WITH ALL CHANGE ORDERS
CHANGE ORDER NUMBER (CON) COST(S)
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ORIGINAL CONTRACT AMOUNT 4,271,600
CON S11 RR and LL paint deduct, (96,310)
butterfly specifications, adder
due to FERC request
' CON S21 RR water fine extension and 102,781
I 12" drain line
I CON S3, RR grouted rip-rap removal, 9,941
delete fish platform, add 60" valve
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CON S4, RR and LL batteries change 17,177
CON S51 RR rip rap grout 60150
CON X16, Due to items 11 2, 3 and 4 (28.74) j
listed belows
1. Spiral case modification at !
RR. Adder ;1,473
j 2. Switchyard and stairs modifications
i at RR. Deduct ;3,096.74
3. Thrust bearing modification at
LL. Adder $10593
E 4. Black & Veatch design modifications
at RR. Adder $00.00
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PRESENT CONTRACT AMOUNT $4,3110310.26
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LACK d V E A t C" EXHIBIT 11
P.O. BOX 8406
KANSAS CITY, MO 64114
P CHANGE ORDER
CONTRACTOR MARTIN K. EBY CONSTRUCTION CO., INC. CHANCE ORDER NO, COOR, T"
1500 BROWN TRAILI BEDFORD, TX 76022 DATE MAY 23, 1991
CONTRACT FOR GENERAL CONSTRUCTION SPECIFICATION NO. 71.0000
OWNER CITY OF DENTON, TEXAS FILE NO. 84.1000
PROJECT LEWISVILLE & RAY ROBERTS HYDRO PROJECTS PROJECT NO. 10566 & 10567
' ` ~ The`contract is'hereby changedras follows; Dollars
A ! Flange modification to the owner-furnished spiral case extension for ;
the Ray Roberts Hydroelectric Project. The modification includes ;
removal of the flange which was shipped with the spiral case ;
extension, and installation of the new flange supplied by Baavier
Hydropower Inc. Reference correspondence concerning this modifi-
cation is as followss t
1 e Letter from B&V to Eby dated April 8. 1991.
e Letter from Eby to B&V dated May 20, 1991. 1,473.OC p
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Approved for BLACK & VEATCH Net addition of this order 10473.OC
pp ' / Previous total addition to contract.....; 340734.0(
Net total addition to contract.,........ 41p212.0(
Original contract amount 4;271,600.0C
Date Q 14 Net Contract Amount...... , ; 493120812.OC
CITY 001 DENTON, TEXAS MARTIN K. EBY CONSTRUCTION CO.. INC,
(Owner) ontractar)
By 6d Date 19IZ By Date l9
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B L A C K 9 V E A T C H EXHIBIT 111
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P.O. BOX 8405
KANSAS CITY, MO 64114
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CHANGE ORDER
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CONTRACTOR MARTIN X. EBY CONSTRUCTION CO., INC. CHANGE ORDER NO. 0007
1500 BROWN TRAIL; BEDFRRD, TX 76022 DATE JUNE 29, 1991
f CONTRACT FOR GENERAL CONSTRUCTION SPECIFICATION NO. 71.0000
OWNER CITY OF D£NTON, TEXAS FILE NO. 84,1000
PROJECT LEWISVILLE 8 RAY ROBERTS HYDRO PROJECTS PROJECT NO. 10566 & 10567
The contract is hereby changed as followsl Dollars
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' The following materials shall be deleted from the Material List ;
presented on contract drawing E80010 "Switchyard-Plans and Sections",
for the Ray Roberts Hydroelectric Project. Refer to RFMP No.
10567.71.0000.RFMP06 for propoaai price deduction.
e Delete all of Item No. 3.
f e Delete sir of the nine from Item No. 5. Final quantity Is three.;
e Delete 20 feet of the 30 feet for Item No. 10, Final quantity ;
is 10 feet. '
e Delete All of Item No. 12. '
e Delete all of Item No. 13.
• Delete all of Item No. 14. (29111,40) ;
Credit for not constructing the north exterior powerhouse stairs from
elevation.556'-6" to elevation 541'-0" as referenced in drawing
number 550050 Rev. No. 2. Adder for constructing the south exterior
;
powerhouse stairs as referenced in drawing number 85005, Rev, No, 39
Sections to 21, and 22. Refer to RFMP No. 10567.71.0000.RFMP07 for
a complete list of the credit and adder associated with this contract
change to the Ray Roberts Hydroelectric Project. (985.34)
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I..-------------
Appr ved for BLA X 6 VEATCH Net deduction of this order (3.096.74)
Previous total addition to contract.....; 410212.00
Net total addition to contract...,e,.,,,: 38017,5,26
Original contract amount 40271,600.00
ate 1,444 19~ Net Contract Amount.,** 403099715.26
CITY OF DENTON TEXAS MARTIN X EBY CONSTRUCTION CO._,_INC.
(Owner) (Contractor) '
By Lvloo~ Date 192 By Date 192L
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BLACK &VEATCH EXHIBIT IV
P.O. BOX 8405
KANSAS CITY, MO 64114
CHANGE ORDER
CONTRACTOR MARTIN K. EBY CONSTRUCTION CO., INC. CHANGE ORDER NO. COOS
1500 BROWN TRAIL; BEDFORD, TX 76022 DATE JULY 1, 1991
CONTRACT FOR GENERAL CONSTRUCTION SPECIFICATION NO. 71.0000
OWNER CITY OF DENTON, TEXAS FILE NO. 84.1000
i PROJECT LEWISVILLE 8 RAY ROBERTS HYDRO PROJECTS PROJECT NO. 10566 a 10567
1
The contract is hereby changed as followsi Dollars
F i Modify the reverse thrust bearing ring on the owner-furnished
f ! turbine as follow% 4
i 1. Remove the oil hub.
2. Remove the bearing housing cover plate.
3. Remove the reverse thrust bearing ring.
4. Drill a 7/8 inch diameter hole through the reverse thrust ;
bearing ring in order to provide access for depth measurement
during turbine alignment.
5. Replacement of the items listed in 1 th,-ough 3 above. ;
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These modifications will correct a manufacturing error in the turbine.
Reference correspondence concerning this modification is as followss
• Letter from B0 to Eby dated May 20, 1991.
• Letter from Eby to H&V dated June 270 1991. 1,595.00
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Approved for BLA K 8 V£ATCH Previousttotal fadthis 10595,00
dition dto,contract.....: 380115.26
Net total addition to contract.......... 39,720.26
Original contract amount 492719600000
Date 191 Net Contract Amount 4,311,310.26
CITY OF DENrON. TEXAS MARTIN K EBY CONSTRUCTION CO.. TNC.
(Owner) (Contractor)
QQ
By Dat~ 19! / By Date 19
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EXHIBIT V
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BLACK & VEATCH MA1UW;" C0RVf 0.0.0=N0.e4Q*
KWW a prv WS;!MW 04"
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CHANGE ORDER
j tomfitwGA Martin X. Eby COnetruGtiOn CO., Ina. CNANOC OQOER 00, CO 09
1500 Brown Trall, Bedford, Tx 76022 pATt August 7. 1991
I roNlAA0 Fok General Construction 5►ECuICATtoN No. 71.1)000
UWNtR City of Denton, Texas +nt NO. 84.1000
PgoJCCT Ray Roberts Hydro Project PROJECT NO. 10567
E the con tiaCt i! hereoy changed ea ro110e0; Oullers
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Perform modifications as detailed In RFMP No. 10567.11,0000,
i RFMP08, and as modified In 95V letter to Eby dated
1 July 29, 1991.
Raferance correspondence concerning this modification is as
follows:
0 Letten from BGV to Eby dated July 290 1991.
0 Modification pruposa) rrum Eby dated August 10 1991.
0 I
0 letter from SO to Eby dated August 59 1991.
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AypruveJ !vr $LArr A N(AvrN Not (+d%ltlwl) (tlaductlan) of Utlr Order . . . . . . a
Prevluue tutrl Irddlll0o)(tledtreltod to contact. . 39x710.26
Nut total (audition) (Ito ottdn) to cer444t . . . , 39~71d,26
Original tonlraet aneubl . . . . . . 40271,600.06
.y
Oete - met tvrrtrret Anowu. 4,311,310.26
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City ur Denton, Texas Martin K. Eby Construction Co., Inc.
i (Owner) ~ (tentracter)
eY Oat* --_to. ey Dalr N~
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B L A C K a V L A T C H
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l Martin K. Eby Consl. Co., Int. gwi Project 10567
July 29, 1991
Mr. Robert Jarvis
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I 6. Add the Watertight manhole lid per instructions given br Mr.
Wendy Jacks.
l Please be advised of she following exceptions to RFMP NO, R•
r 1. The quantity of dowels drillod and epoxied for the North Stairs
Is 110, not 170 as indicated in the proposal.
2. The unit prise for labor and building wateriais to build the
temporary Stops into the powerhouse associated with the south
stair removal is unroalistic. Please review and revise.
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Please Contact us it you have any questions or Comments.
Very truly yours,
BLACK k VEATCH
Jahn R. Hollenbeok
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eei R. D. Wood
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BLACK & VEATCH
I11'/lCrU p"n vnl"I. PO 150 t iO. 840:-, FLnpd C~h. AAM61)n 641'.d
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Dpntan, Texas BW Project 10567
Ray Roberts Hydroelectric Project BW file 71,0000
August S. 1991
$ FAX
Martin K. Eby
610 North Main
P. 0. Box 1679
Wichita, Kansas 67201-1679
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j Oear Martini
I have asked our accounting department to send the P, 0, on the extra
work at Denton by federal Express, Our approval process is complete and j
you shouid receive the P. 0, in the next day or two. The P. 0. will be
Issued in the amount of $52.385.43, j
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Obviously, the work will conducted under the oxisting specifications. 1
have asked John Hollenbeck to see that a zero Cost Change order is
issued to cover this.
I appreciate your efforts Insuring that this cost was minimized.
~ Vey truly yours
BOCK VEATCH
•7
J. R, Stack
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cc: Andrew 0. Rieder
John Hollenbeck
buo, Wandy Jacks
p. ouyoc
Robert Wood..-~~
F
Juhn Stack
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September 23, 1991
E
CITY COUNCIL AGENDA ITEM
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kE j TOt MAYOR AND MEMBERS OP' THE CITY COUNCIL ~Ir l1
FROM: Lloyd V. Harrell, City Manager
SOBJGCT: RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A MUTUAL USE
AGREEMENT BETWEEN THE CITY AND THE COUNTY FOR BACKUP ON
800 MHZ TRUNKED COMMUNICATIONS SYSTEM. i
RECOMMENDATION:
Staff recommends the approval of a resolution authorizing the
mayor to execute a Mutual Use Agreement between the City of Denton and the County of Denton for backup on 800 MHZ trunked
communications system; and providing for an effective date,
SUMMARY/BACKGROUMD
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This Mutual Use Agreement between the City of Denton and the
County of Denton is needed to allow ease of communication s
between the various Law Enforcement and Emergency groups
operating within the Denton/Denton County communications
coverage area. This will also allow the systems the ability
to back each other in the event of one's system failure
jf PROGRANS, DEPARTNENTS OR GROUPS AFFECTED E
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City of Denton and County of Denton Police, Fire, and EMS
k departments,
FISCAL IMPACT
No fiscal impact.
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09231139
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( Mutual Use Agreement for 80ow
Page 2
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f Respectfully Submitted,
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Lloyd V. Harrell
City Manager
Pre ared by,
Tull E. os
Director of Electric Utilities i"
Approved by,
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R. E. Nelson
Executive Director of Utilities
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09231139
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} RESOLUTION NO.
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A MUTUAL USE AGREE-
MENT BETWEEN THE CITY OF DENTON AND THE COUNTY OF DENTON FOR BACKUP
l ON 800 MHZ TRUNKED COMMUNICATIONS SYSTEM; AND PROVIDING FOR AN
EFFECTIVE DATE.
a
THE COUNCIL OF THE CITY OF DENTON HEREBY. RESOLVES:
SECTION I. That the Mayor is hereby authorized to execute a
mutual use agreement between the City of Denton and the County of
Denton for backup on 800 MHz trunked communications system, a copy
of which is attached.
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SECTION II. That this resolution shall become effective
immediately upon its passage and approval,
PASSED AND APPROVED this the day of , 19__,_.
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BOB CASTLEBERRY, MAYOR a
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ATTEST: f
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
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BY I Q,
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THE STATE OF TEXAS § MUTUAL USE AGREEMENT BETWEEN
THE COUNTY OF DENTON AND CITY OF
COUNTY OF DENTON § DENTON FOR BACKUP ON 800 MHz
TRUNKED COMMUNICATIONS SYSTEM
This Agreement Is made between the County of Denton, Texas (Denton County), and the City of
Denton, Texas (Denton), as follows;
RECITALS
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Denton County and Denton both own, operate, and malntaln 800 Mhz trunked communloation
systems, (System), for the purpose of providing radio communications In support of their respective public
safety and governmental operations.
1
Denton County and Denton wish to enter this Agreement to provide for the mutual use of their
respective System as follows;
(a) As a backup communications system when the System of either party Is not operatlonal or
i otherwise fails.
' (b) To provide for Interoperability communications between the users of the respective systems for
1 both day to day and emergency communications to the extent desirable, i
3 NOW, THEREFORE, under the authority of Texas Rev, Civ. Stat. Ann. art. 4413 (32c), and In
f consideration of the following covenants, the parties agree as follows;
1. Use of Systems, Denton shall allow Denton County to use the Denton System, and Denton
County shall allow Denton to use the Denton County System, In accordance with this Agreement. Each
party shall at alt times be responsible for the operation, maintenance, and control of its own System. In
i making use of either System, each party shall abide by all applicable federal and state laws and regulations,
and when making use of the System of the other, the wrltten rules of the other, For the purposes of backup
j each party is assigned the use of the following fleet, and subffeets of the respective System, as follows:
{
System Past Subfleet
System Name D Number ID m r Number
s City of Denton 00B 12 600 1.46
s
County of Denton 01037 400 2.10
In addition to the backup channels Ilsted above the respective System managers shall mutually agree on
the Fleets, Subfleets, Announcement Groups, and Tallcgroups that will be assigned to the other party for day
to day InteroperabNity and emergency communications between users of the two systems.
{ System managers shall not activate radlos on the other parties System without first providing the model and
serial number of the radio and what type of service the radio will be used In,(Pdice, Fire, EMS, eta). The
system manager receiving this request shall provide an individual ID for their system with what Fleets,
Subfdeets, Announcement Groups, and Talk Groups are authorized for this radio,
The System manager for the respective Systems are as follows;
f Denton Denton County
{ Don Byrd Alan Williams
f 901A Texas Street 127 North Woodrow Lane
I Denton, TX 76201 Denton, TX 76206
(617)383.7172 (817)898.6616
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2. Term; Termination, This Agreement shall begin on the date of execution by both parties and
continue in force from year to year unless terminated a follows:
(a) Either party may terminate this Agreement at any time by giving thirty (30) days advance
written notice to the other.
(b) If either party shall permanently disconthwe operation of its System, this Agreement shall
terminate on the date the operation of the System Is discontinued.
j 3, Liability, Neither party shah make any claim against the other, and neither party shall be liable
i to the other, for any actual or consequential damages or losses suffered by the other or a third party, arising
from any breakdown, malfunction, failure, use, the manner of use, or the loss of use of either System,
however caused, whether by the negligence of either party, their respective officer, employees, agents,
contractors, or otherwise.
4, Assignment, Neither party shall assign this Agreement to any other y party without the prior
written consent of the other,
ff. :mire Agreement. This Agreement embodies the whole Agreement of the parties. There are
4 no promises, terms, conditions, or obligations other than those contained, or referenced herein, This
Agreement shall supersede all prevkws communications, representatlons, or agreements, either verbal or
written, between the parties, and all moddlcations of thla agreement shall be In wrhing and approved by both `
parties,
a. Notices. Unless notified otherwise In writing, all notices required to be given to either party shall
be in writing and delivered In person or sent by certified mall to the respeotlve parties at the following
addresses: '
To Denton: To Denton County:
City Manager County Judge
216 East McKinney St. 110 West Hi kory
iii Denton, Texas 76201 Denton, Texas 76201
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7, Authority to Sign, Each party represents to the other that the undersigned officers or agent of
the parties signing this Agreement are the properly authorized ufffclals and have the necessary authority to
execute this Agreement on behalf of the parties and that any necessary resolutions or ordinances extendi`W9
said authority have been duly passed and are now In full force and effect.
Executed this the day _ 1991. 1
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CITY OF DENTON, TEXAS COUNTY OF DENTON, TEXAS
iBY: BY:
Bob Castleberry, Mayor Jeff Mosley, County Judge
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ATTEST: ATTEST: '
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APPROVED AS TO LEGAL FORM: APPROVED AS TO LEGAL FORM: I
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RESOLUTION NO.
A RESOLUTION APPOINTING MEMBERS TO TH..: NORTH TEXAS HIGHER EDUCATION
AUTHORITY; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the terms of office for Places 6, 8 and 9 on the Board E
of Directors of the North Texas Higher Education Authority, Inc., ex-
pire September 30, 1991; NOW, THEREFORE,
F THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
a
SECTION I. That Dr. Lindsay Keffer is hereby reappointed to
Place 6 on the Board of Directors of the North Texas Higher Education
Authority, Inc. for a term to begin October 1, 199.1. and continue
through September 30, 1993.
SECTION II. That Mr. Jay Anderson is hereby reappointed to Place
7 on the Board of Directors of the North Texas Higher Education
s Authority, Inc. for a term to begin October 1, 1991 and continue
through September 30, 1993.
i 1
SECTION III. That Mr. James Brock is hereby reappointed to Place
9 on the Board of Directors of the North Texas Higher Education
i Authority, Inc. for a term to begin October 1, 1991 and continue
through September 30, 1993.
SECTION IV. That this resolution shall become effective from and
{ after its date of passage,
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PASSED AND APPROVED this the day of , 1991.
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
f
( APPROVED AS TO LEGAL FORM:
I DEBRA A. DRAYOVITCH, CITY ATTORNEY
I BY:
111.
%TK tLr.'M,
North Texas Higher Education Authority, Inc.
201 F. Abram, Suite 800 Arlington, Texas 76010.1196 {817) 2659158
August 22, 1991
t
Honorable Bob Castleberry 9 I
s JJ Denton City Council
City of Denton i
215 East McKinney 7
9
Denton, Texas 76201 Dear Mayor Castleberry; i
t
At Its August 13, 1991 meeting, the Board took action to nominate
individuals to Places 6, 8, and 9 on the North Texas Higher
Fdueatlon Authority Board of Directors for the October 1, 1991
through September 30, 1993 term, The incumbents, Dr, Lindsay
Keffer - Place 6, Mr. Jay Anderson Place 7, and Mr. Jim Brock -
Place 9, have expressed a willingness to serve another term;
therefore, their names are respectfully submitted for the City {
Council's consideration for re-appointment.
I will very much appreciate your notifying me of the action taken i 4
by the City Council on the nominees. Please extend our continued
thanks to the individual Council membrrs for their support of the
Authority and its activities.
rely,
-led
~~r Jackson
?Goveridneont
GJ/bmc
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600.3.7
? RESOLUTION NO.
A RESOLUTION NOMINATING CANDIDATES FOR MEMBERSHIP TO THE BOARD OF
DIRECTORS OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARING AN
EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION_I. That the city council of the City of Denton, Texas,
nominates:
a
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A f
{
as candidate(s) to membership on the Boare; of Directors of the Denton
Central Appraisal District for the county of Denton, Texas..,
SECTION II. That this Resolution shall become effective from and
after its date of passage.
P;
} PASSED AND APPROVED this the day of , 1991. i
a ~
BOB CASTLEBERRY, MAYOR
)i
ATTEST:
JrNNIFER WALTERS, CITY SECRETARY
u
BY2
APPROVED AS VO LEGAL FORM:
DEBRA A. DRA.Y.O-?ITCH, CITY ATTORNEY
GL.
BY: LAU)
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Fflptifl
' 1{7yW~jksj
Rlr. n-,Y'vdq
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OENTON CENTRAL APPRAISAL DISTRICT
;
3011 MORSE STREET
44 P.O. BOX 2616
7 DENTON. TEXAS 76202.2616
aV•5o60404
Nff:
JOE 0, ROOERS, CTAIRPAIRTA BOARD OF DIRECTORS;
Chief Appraiser JON BECK, Chaiemrman
Vice-Chairman
CLARENCE s,
JOHN 0. BROWN, RPA RICHARD S SMITH, secretary
Cepury Chiel Appraiser / ^ A
i! JOE A, FOR5YTHE TROY WHITE
Oepury Chiof Appraiser-AdminlstrAUan l HORACE BROCK
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TO: All Taxing Jurisdictions
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FROM: Joe Rogers
r, SUBJECT: Appointing Board of Dirctars
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DATE: September 10, 1991
S! +
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It is time ante again for the county, cities and towns, and school ;
districts to begin the process of selecting five individuals to serve
as Denton Central Appraisal District's Board Of Directors, The first
step in the process is for DCAD to advise each Jurisdiction of the
votes they have for appointing the Jirectors. The next step is for
the Jurisdictions to nominate candidates with no reference to v,,tes !
to be cast for the candidate(s). The third step is for DCAD to ;
compile the list of nominees for the Board. The fourth step is for i
the jurisdictions to cast their, votes for the candidate(s) of their
choice and to provide that information to the Chief Appraiser, The
fifth and final step is for the Chief Appraiser to tabulate the votes
and determine which five candidates received the highest number of
votes. Once selected, the directors serve two-year terms beginning
January 1, 1992.
The following should provide some general information about the
process of electing an appraisal district's Board of directors, The i
number of votes that your Jurisdiction has is given below.
!
City of Denton has 407 votes.
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Ra: S'dk
Letter-Board of Directors Page 2
Authoritative Guidelines - The selec~ion process is set forth in
Section 6.03 of tha property Tax Code. This process is not an
"election" governed by the Texas Election Code but an independent
procedure unique to the property tax system,
Eligibility - An appraisal district director must reside in the
appraisal district for at least two years immediately preceding the
date he or she takes office. Most residents are eligible to serve as
a director. An individual that is serving on the governing body of a
city, county, or school district is eligible to serve as an appraisal
district's director. The common-law doctrine of incompatibility
(holding offices that have conflicting demands on the holder) does
° not prohibit the same person from holding both offices. All five
board. me.+tbers may be elected officials of taxing jurisdictions,
An employee of a taxing unit served by the appraisal district is not
t eligible to serve as a director. However, if the employee is an
elected official, he or she is eligible to serve.
A new law, effective September 1, 1989 adds provisions to the Tax
Code which prohibit nepotism and conflict of interest for appraisal
district directors and chief appraisers, In summary, the law states
t het
a person may not serve as director if closely related to
anyone in the appraisal district business or if related to
anyone who represents owners in the district, or if the
person has an interest in a business that contracts with
the district or a taxing unit, A chief appraiser may not
employ someone closely related to a member of the board of
directors.
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Experience - In considering individuals to serve as directors,
taxing units should look for expertise in such areas as accounting,
finance, management, personnel administration, contracts, computers,
real estate, or taxation, Historical irvolvement in local govern-
ment activities also indicates that someone should make an excellent
Board member.
II Frequency Of Meetings - A new law requires the board of directors
to meet not less often than once each calendar quarter. The DCAD
Eoard meets more often than is required by law,
Additional Jurisdictions Can Vote Under Certain Circumstances -
} Conservation and reclamation districts (municipal uti'.ity districts,
water district, etc,) can vote if certain procedures entitling the
jurisdictions to vote are put into place, The upcoming director
elections will not be affected by this procedure, Other taxing
units, including junior colleges, hospital districts, and other
j special districts may not vote for directors,
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Letter - Board of Directors Page 3
- - - SELECTION PROCESS - - -
Now let's look at the actual process of "electing" Board members.
The obJective is to distribute 5,000 votes to the taxing Jurisdic-
tions eligible to vote for board members= The process will culmi-
nate with five individuals receiving a sufficient number of the
votes to becomo a board member,
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y Step #1
{
The number of votes allocated to a Jurisdiction is based on the ratio
of its prior year tax levy to the total prior year tax levies of all s
' voting units This is the amount of taxes levied, not the amount
collected,
4 -
By September 29, the chief appraiser must calculate the number of
votes for each voting unit. To determine the votes, I follow the
following Code mandated procedure.
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1. The amount of prior year property taxes imposed by each unit
is divided by the total amount of
prior year property taxes
t` imposed by all voting jurisdictions.
2. I then multiply the quotient in No.l by 1,000 and round to the
nearest whole number. f
F 3. Then I multiply the whole number of No.2 by the number of seats
k on the appraisal district board that will be filled. The
resulting number is the number of votes that each unit has,
A more simplistic formula looks like this,
(YOUR LEVY/TOTAL LEVIES) X 5,000 m YOUR TOTAL VOTES
I am required to send a notice of the votes to the following
individuals,
1. For the county, to the county judge and each county
commissioner.
2. For a city or town, to the mayor and to the city manager, city
secretary, or city clerk (as applicable).
3. For sc'lool district, to the school board president and
d school superintendent.
I Step #2
Each voting unit may nominate one candidate for each position to be
filled, Thus, the unit may nominate from one to five candidates.
The presiding officer of the unit submits the names of the nominees
by written resolution to the thief appraiser by October 16th. The
t presiding officer should include the addresses of the nominees so
that the chief appraiser can notify the winners.
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Letter - Board of Directors Page 9
Remember, Step #2 is the nomination Process. The utilization of
votes is not relevant at this point.
Please note, the chief appraiser has neither the authority, nor the
duty, to investigate, or Judge, the qualifications of the nominees.
r Also I do not have the authority to accept nominees names after
October 16th,
Step #3
Before October 30th, the chief appraiser must prepare a ballot
listing the nominees alphabetically by each candidate's last name.
I am required to deliver a copy of this ballot to the presiding
f officer of the governing body of each voting unit,
,
Step #4
each voting unit must cast its vote by written resolution and submit
i it to the chief appraiser by November 14th. The unit may cast all
its votes for one candidate or may distribute the votes among any
c number of candidates, Since it takes only 1,000 votes to elect a 1.
candidate, there is little reason for a candidate to receive more
than 1,000 votes,
r
Some voting units may have enough votes to help select several
directors, Also, to share representation on the board, several units
may wish to vote for 1':he same candidates
ail
} A voting unit must cast its votes for a person nominated and named on
the ballot. There is no provision for write-in candidates. I can
not count votes cast for someone not listed on the official ballot.
Step 45
By November 30th, I am required to count the votes and declare the
4 winning candidates. Should a tie occur, I am required to resolve it
through any method of chance. Methods of chance include flipping a
{ coin, drawing straws, drawing a black bean, drawing names from a hat,
and so forth, I then must notify all taxing units (voting and
nonvoting) and all the candidates (winners and losers) of the '
outcome of the election process
Hopefully, the Jurisdictions that we serve will find the information
provided above helpful and informative. Please be aware that by
providing your jurisdiction with the number of v,)tes, which is given
at the beginning of this letter, step N1 is complete, The Jurisdic-
tions now have until October 16th to send me the names of their
nominees for the DCAD Board,
Since e
` Joe Rog Z 94~
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budget/ss/board DENTON CENTRAL APPRAISAL DISTRICT
1992 BUDGET ALLOCATIONS WORKSHEET
1990 PERCENT NUMBER
ORIGINAL OF OF
JURISDICTIONS TAX LEVY VOTES VOTES
CITIESi j
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CITY OF ARGYLE S196,908.00 0.117% 6
CITY OF AUBREY 86,018.00 0.051% 3
a TOWN OF BARTONVILLE 49,653.00 0,030% 1
CITY OF THE COLONY :,815,509.00 2.267% 113
TOWN OF CORINTH 807,320.00 0.480% 24
CITY OF DENTON 13,709,913,00 8,146% 407
CITY OF DOUBLE OAK 152,723,00 0.091% 5
CITY OF FLOWER MOUND 3,671,235.00 2.161% 109
TOWN OF HACKBERRY 11,295.00 0.007% 1
TOWN OF HICKORY CREEK 252,399.00 0.150% 7
i ,
CITY OF HIGHLAND VLG 1,861,799.00 1.118% 56
CITY OF JUSTIN 89,191.00 0.0538 3
CITY OF KRUGERVILLE 27,863.00 0.017% 1 I
CITY OF KRUM 13,831.00 0,044% 2
CITY OF LAKE DALLAS 404,510.00 0.240% 12 f
r CITY OF LAKEWOOD VIL 24,028,00 0,014% 1
r; CITY OF LEWISVILLE 10.857,562.00 6.451% 323
CITY OF LITTLE ELM 126,156.00 0.075% 4
`i CITY OF MARSHALL CRK 6,467,00 0,004% 1
j CITY OF NORTHLAKE 51,011.00 0.030% 1
CITY OF OAK POINT 66,857.00 0,040% 2
CITY OF PILOT POINT 304,433.00 0.181% 9
CITY OF PONDER 14,380.00 0,009% 1
CITY OF ROANOKE 116,244.00 0.069% 3
CITY OF SANGER 354,142.20 0.210% 11
CITY OF TROPHY CLUB 582,358.00 0.346% 17
TOTAL FOR CITIES $37,733,805.20 22,419% 1,122
rrrrrrrrrrrrr rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr i
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FINAL TOTALS $168,312,080.20 100.000% 5,000
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DENTON CENTRAL APPRAISAL DISTRICT
budgfat/ss/boa rd
1992 BUDGET ALLOCATIONS WORKSHEET
i 19;+0 PERCENT NUMBER
ORIGLNAL OF OF
JURISDICTIONS TAX LEVY __-_-VOTES---___--_lVOTES_____
°
SCHOOL DISTRICTSi
Y?
y< ARGYLE ISD 52,032,246.00 1,2075 60
AUBREY ISD 913,490.00 0.543% 27
DENTON ISD 29,658,229,00 17.740% 886
KRUM ISD 924,913.00 0,550% 27
LAKE DALLAS ISD 3,564,584.00 2,118% 106
i LEWISVILLE ISD 52,705,268.00 31.314% 1,565
LITTLE ELM ISD 1,306,802.00 0.776% 39
6 t' :
NORTHWEST ISD 80638,981.00 5.133% 257
PILOT POINT ISD 1,511,222,00 0.698% 45
PONDER ISD 591,971.00 0.352% 18
10953,393.00 1.161% 58
SANGER ISD
3,088
%
SCHOOL DISTS TOTALS $104,001,099.00 61.791
a, s+:rarrr+rrsr+rra rrssr rssr+~+r+as rr rssr rrrrrr "
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' DENTON COUNTYS
176.00 15.790% 790
y DENTON COUNTY TOTALS 526,577,
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CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
FROM.
Lloyd V. Harrell, City Manager I
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SUBJECT: Resolution authorizing the City Manager to apply for a
grant to the Texas Forest Service
pa RECOMMENDATION: It is staff's recommendation to adopt this resolution to
c' authorize the City Manager to act £or the City in aPPlvin for a
g grant to the
Texas Forest Service for the National Tree Planting Program using City labor
and materials as an in-kind match for the City's share to purchase 100 trees.
f SUMMARY: The city was encouraged to submit a proposal for a grant to participate
in the Small Busineas Administration's National Tree Planting Program. The
is program is being administered by the Texas Forest Service, The City proposes a
program to purchase 100 - 2" caliper trees for installation in five City parks.
The grant funds of $10,000 will purchase the trees from small businesses in the
a BACKGROUND: nursery stock industry. The City will match the grant with labor
f
and materials for installation and maintenance for three years.
The City continues to attempt planting new trees in our parks and City properties
P~ each year. This past yuar we planted/transplanted 56 trees to City properties.
Eti This program will compliment our existing programs at our tree nursery, Releaf
PROGRAMSI DEP.ARTNIFNT.S OR GROUPS AFFECTED: Denton, and memorial donations.
V
Parks Division of the Parks and Recreation Department
FISCAL I),PACT:
Matching in-kind share to equal $4,000 over a three year period for labor, water,
5r$ mulches, fertilizers, and vehicle costs.
RESPECTFULLY SUBMITTED:
z
Lloyd iarreaTl-
City Manager
$S
Prepared by:
y
ame Ro art K. Tickner
Title Superintendent of Parks
Approved:
a -
Name
Title
2633C/3
{
{
9;\'WPd0C5\tr00r
RESOLUTION NO,
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF bEA1TON, TEXAS,
AUTHORIZING AN APPLICATION FOR A GRANT TO PARTICIPATE IN THE
NATIONAL TREE PLANTING PROGRAM: COMMITTING IN-KIND SERVICES TO
MATCH THE AMOUNT OF THE GRANT; AND PROVIDING FOR AN EFFECTIVE DATE.
I
WHEREAS, grants are available through the Texas Forest Service
l from the Small Business Administration's Tree Planting Program; and
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WHEREAS, receiving a grant under the Program would further the
aims of the City's beautification program; and
b .
E' WHEREAS, the City of Denton is willing to match the amount of
i the grant With in-kind services; NOW, THLREFORE,
3 THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION I. That the City of Denton authorizes the City Manager
to act for the City in applying for a grant to the Texas Forest
Service for the National Tree Planting Program.
v;
SECTION II. That the City is willing and able to match the
amount of the grant with in-kind services to fulfill the grant
requirements and to abide by the conditions of the grant.
SECTION III. That this resolution shall become effective im-
mediately upon its passage and approval.
PASSED AND APPROVED this the day of 1991,
..v
BOB CASTLEBERRY, MAYOR
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
Y:
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j APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
y,
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BY: -Fy
V
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M. Cost Proposal
Dealam
{ law Tnsttl
4,875 4,875
Personnel -
1
Fringe Benefits ,600 l,600
11
I
j Consultants - - -
400 400
` Travel
Equipment 775 775
} Contractual L 0 , 000 10,000
Otber L, 3S0 10350
100000 90000 190000
Total
49.4
Percent of Total 52.6 x
Now if local contributions include In-kind services, please describe extent of service and by whom.
The local share is to be provided as inkind services by the City of Denton
Parka staff. The Parka Department staff will provide labor for installation,
staking, pruning, fertilizing, watering, and care of tha trees for the
$i three-year period of the grant as well as continued maintenance in the
,z future.
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t IV. Technical Proposal
Bach ggrrant application must include it technical proposal of no more than two (2) typed pages. This
F. mauve should address all the points listed below:
. Clearly state the objectives of the project.
. Describe the locauiou where the project will take place.
• How many trees will be planted, spedea, size.
t< . Attach maps showing location of planting sites,
F'
Specify standards for site selection, site preparation, planting stook. care and selection,
Descxibe rate and maintenance of planted trees to be provided.
• Describe how the project will be divided to allow more than one small borness to perform work and
promote Increased employment to local communities.
I Specify the personnel, ibeir qualifications and experience, and who wilt be responsible for supervising
1 the project,
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IV. TECHNLCAL PROPOSAL
Project Objective
The primary objective of the project is the purchase and installation or
new trees in the community through the groan industry to improve
vide
natural environment. This objective will ,reduce lairrndpolluwind tion,
erosion
costs,
a cooling effect, reducing energy
conservation will be enhanced.
Location
H The trees to be planted will be installed at five city park locations in
r the city. These include:
t; 1. Mack Park - East McKinney Street between Woodrow Lane and Mack
3.. I
Place.
2. Dania Park - Parvin Street at Bernard Street.
30 North Lakes Park - Windsor Drive between Hinkle Drive and Bonnie
Brae Street.
44 Avondale Park -Nottingham Drive at Devonshire Drive.
± 5. Briarcliff Park - State School Road at Brighton Driva.
} Number, Species, Size of Trees to be Planted
Total
1. Mack Park, 6 2" Redbud, i - 2" Chinese Pistacio 13
2. Dania Park 8 2" Resibud,17 - 2" Chinese Pistacio 25
3. North Lakes Park, 12 - 2" Mexican Plum, 15 - 2" Bur Oak, 37
li 10 - 2" Red Oak
4. Avondale Park, 5 2 Mexican Plum, 7 - 2" Chinese Pistacio 12
13 t
i- } 5. Briarcliff Park, 13 - 2" Bald Cypress
100
Total
N
Map of Park Sites
LI
See attached.
Site Selection
The five park site locations are located in each section of the city.
y These parks are in need of additional trees and landscape materials to
enhance their value to the community for beautification and program use.
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i? CITY of DENTON, TEXAS MUNICIPAL BUILDING/ DENTON, TEXAS 78201 /TELEPHONE (W)546-8307
Office of the CIfy Menaper
I
t M E M O R A N D U M
TO: Mayor and Members of the City Council
FROM: Jennifer Walters, City Secretary
DATE: September 27, 1991
1
SUBJECT: Back-up for Agenda Item N7
i
Back-up information for this item is located in the Work Session items 02,
s
Jenni a Walt s
2727C/2f
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301 Pennsylvania Avenue NW QMk~n
D L NdionU 1
Washington, U.C. Regdan
5's
o1 20004 " J towhos Oleo ""r
Cities (202) 626-M >W H.MO~ `w&"
Fax: (202) 6263043 G vsUE PHo
Calvnvwrr( Wonft Fkoraa
August 9, 1991 Second We Preadod
v
Maya, MX,NPA$ M•n'w+da ;
r rnm46ale Past P/esrdat
City clerks of Direct Member Cities D0180161
To: Maya, Fort Worth, Tew 1
Faec„ Ere Olredor
From: Donald J• Beirut, Executive Directoz~ paWdJ Bout
i Subject: Designation of Voting and Alternate voting Delegates,
Annual Congress of Cities, December 12-16, 1991
Las Vegas, Nevada
Under the Bylaws of the National League of Cities, each direct
member city is entitled to cast from one to twenty votes,
depending upon the city's population, through its designated
voting delegate at the Annual Business Meeting of the Congress of
Cities. (Sae table on reverse side.) This meeting will begin at
approximately 10:30 a.m., Monday, December 16, 1991 in the site
of the 1991 Congress of Cities. (Please consult your convention
program one-site at the Congress of Cities for the exact starting
time and meeting rcom.)
TA be eligible to cant the city's vote, each voting delegate and
alternate voting delegate must be designated by the city on the
attached form and the form forwarded to NLC's Credentials
Committee. NLC's Bylaws expressly prohibit voting by proxy.
Thus, an official of the city, properly designated, must be
present at the Annual Business Meeting to cast the city's vote or
votes.
To enable us to get your credentials in order and to provide your
voting delegates with proposed National Municipal PolioY
amendments and proposed Resolutions prior to the Congress of
cities, we ask that you return the WRITE copy of the completed
form to NLC on or befor A pro-addrassed
envelope is attached, sore names, NLC will also
send each voting and alternate voting delegata a set of
' instructions on registration and rules governing the conduct of
the Annual Business Meeting.
To assist your state municipal, league in selecting delegates to
cast votes on behalf of the state municipal league, please
forward the YELLOW copy of the credential form to your state
league office and keep the PINK copy for your records.
Attachments
Aaf /•+aaWrM. 1M~ MOdIOI, Maecx, Los AngNes. Ca4brna • Ford L. NdrlOO•I, Maya. SooAard Nees. North Carona • WXWm H. Nudwl, gl, hlaya kxluuapW, Irtkana • CMh, N►Nkalyda,
1_.• Cauw'aanrnM l-arW. DwM Cdaado • JoM R. NOUrkM, Maa. ST2rv+Y, Goaaa • pyres'serr. laraeM M, AaMh Cpunaonember nt larpa, Allada, Geaga • JON /Olrlr, Mawr Pro
Tempwo. Lubbock, Texan • 1111110901 COnaX IMr1Nt, Cwnd Member. Jacs:SGn. Misgs4pp • XOnMth Q. IIUOCM, E.KV,vo Ia WW Colmob Munbpaa LDagua • JOraw V. RrMpM, k.,
E.ecuLve LVWAa. G"l A MuMopal AasaMbon • DOW ChfO60M 6ulne [IwIv, league ar Nolxaska Mum0paln,es • Joel crow, 17. U0, a oueda and Goraral Covow Cwwodtuk
Corwff" of Murwaldn • Lary Q CON, Maya,9ea.e" Gepas • qhn 0,CYHN, GIy Cnurk,l PrOVION. ROCnoska. New Yak • lOes SeoaaMa Or^ Akderman FVaIWW. Mode I Coed
R, pry, Coondor, Garem, MrM • hMw A. OaPOYXO, Mara. Sao Lake COy. urvr • Ju" M. gist", Cooncarornan, Bronx. NOM Uq . Thaws Q. MWWwyoey►, Exec" drada, riaola
MundPal laapw a pynn 'naY Merrr6N. AndWrape. Alaska • JoM A. QYrIN, Jr„ Ereculwe Drry.lot Pamsylrana laegue d Cewa • GMdaat 0066F K Cdunolnim Gary.
InONO • Vold N. OOf~kWns1 Caunainaoan, SouttAMd, Mchgan . RkNrd Q Naelult, Mayer Memyk•a. !emessee • Jatk NaMM, Carraman Spokane, Wa•1rnnWNon ' 1hrM JarnM.
MaNl Nn•ruk, Flaw JerOOy . `asreOfsoO J. XOXy, Mayav, prylona fleadr, fKKrtW • Atrlda AXINoyOn, Maya Crestwood. M-redan r ROMA Q KMphl Ma,d, Wachla Kansan > JNMOy T.
MOrYNn1, Mqa, UrWna, wrda • NMNId X, Mr111n, Counbynemkvx, Corxvtl, Cakbrna • AdoH OXVOO, Mara Harnlbn, Ofxo • Clw{w J. haplu Ekecws9 Wecla, laitiend Munopel
ipwft~F`danaysNrincoln, Floods bkand • WMIWn f•6aMdtA h, Counalmar~ bu.l~ ds'pp r'NaeM1►k•w9F, Ma>ad, CMIO~ an• IIkMN 0. 1ar~OMM, EaWtr.9
plOdoc L6aprN d dOgon GIM • AarOry Q hMaya, Rald{J+. Noon CercAna • Thanaa d VOlyy, Maya, lucspn, Nlona • XaMM J W1sNrnkO. Mrya, HOUSMn, Tsm • Wry
, NON Wlkee, CandMMxnen. Pharr, MtoN • gHMaUnO R, WNkhu, Ca+nrNneraber. Muskepar Hegnls. MrUrpan
RttScled Paper
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(2) Schedule of Activities:
i
(a) staff consults with the leaders of the September
minority community with regards to their specific 16-27,
concerns and inputs in the process of adjusting 1991
districts boundaries.
(b) City council considers the criteria and a October 1,
schedule of activities for adjusting district 1991.
boundaries.
i (c) Staff develop alternative boundaries based on October 2-
the criteria approved by city council and other 18,1991
1 concerns and inputs provided by minority leaders.
(d) City council hold a study session to review October
the alternative plans and give staff further 22,1991
directions.
(f) Notice of public hearing is published in the October
Denton Record Chronicle. ?.0, 1991
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(g) City Council holds a public hearing to November
consider alternative district plans and to 50 1991
receive comments from residents. council may
adopt one of the alternative plans and an
ordinance at this meeting.
(h) City Council holds a public hearing to November
consider and adopt an ordinance establishing the 19, 1991
boundaries of the voting districts. (If
necessary)
(i) Staff prepare final submittals and send to December
the Justice Department. 5, 1991.
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