Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
12-03-1991
t E 9 AGENDA CITY OF DENTON CITY COUNCIL December 3, 1991 Work Session of the City of Denton City Council on Tuesday, December 31 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. I 5:15 p.m. 1. Executive Session: A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S. 1. Consider action in Wright v. City of Denton. 2. Consider action in re: Flow B. Real Estate Under Sec. 2(f), Art. 6252-17 V.A.T.S. C. Personnel/Board Appointments Under Sea. 2 (g), Art. 6252-17 V.A.T.S. 1. Consider appointments to the Airport Zoning f Commission and the Zoning Task Force. ` 2. Receive a report, hold a discussion and give staff direction regarding options for the greenbelt corridor. 3. Review and authorize a letter of response to the Legal Defense Fund of the Texas Hotel/Motel Association. 4. Receive a report and give staff direction regarding paying a refund to electric utility customers in the City of Dento;i from surplus funds resulting from lower gas costa in 1981, 5. Receive a report and hold a discussion regarding alternatives to the existing structure of the Plumbing and Mechanical Code Board, the Electrical Code Board and the Building Code Board of Appeals and give staff direction. Regular Meeting of the City of Denton City Council on Tuesday, December 3, 1991 at 7:00 p.m, in the Council chambers of city Hall, j 215 E. McKinney, Denton, Texas at which the following items will be E considered: 7100 p.m. 1. Pledge of Allegiance t - - s City of Denton City Council Agenda December 3, 1991 Page 2 2. Consider approval of the minutes of the regular session of November 5, 1991. f 3. Citizen Reports i A. Receive a citizen report from Carl Young regarding a Police Review Board. B. Receive a citizen report from Artist Thornton regarding a Police Review Board. F4 4. Public Hearings r A. Hold a public hearing and consider adoption of an j ordinance rezoning a 13,460 square foot tract of land located at the southwest corner of Fannin and Bernard I Streets from the SF-7 (single family) to the 2F (two f family) district. Z-91-016 (The Planning and Zoning i! Commission recommends approval.) 5. Consent Agenda i Each of these items is recommended by the Staff and approval thereof will he strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. Listed below are bids and purchases orders to be approved for payment under the Ordinance section of the agenda. Detailed back- up information is attached to the ordinances (Agenda items 6.A, 6.8). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of f the Consent Agenda. a~ A. Bids and Purchase Orders; 1. Bid 01294 - Tree Trimming 2. Bid #1298 - Landfill compactor 3. Bid ,1300 - Concrete containment Tank 4. Bid ,1305 - Nottingham Drainage improvements } 4 k €3 City of Denton City Council Agenda December 31 1991 Page 3 b. Ordinances A. Consider adoption of an ordinance accepting a competitive sealed proposal and awarding a contract for purchase of materials, equipment, supplies or services. (5.A.1. - Bid i #1294, 5.A.2. - Bid #1298, 5.A.3. - Bid #1300) B. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. (5.A.4. - Bid #1305) a C. Consider adoption of an ordinance authorizing and allowing, under the act governing the Texas Municipal j Retirement System, "Updated Service Credits" in the tt system on an annual basis for service performed by j qualifying members of such system who, at the effective date of the allowance, are in the employment of the City of Dentonj and providing for increased prior and current ( service annuities for retirees of the City. D, Consider adoption of an ordinance authorizing the Mayor to execute Amendment No. 1 to the agreement between 6he City of Denton and Alan Plummer and Associates, Inc. relating to professional engineering services for the design of the Pecan Creek Wastewater Treatment Plantj and authorizing the expenditure of funds. (The Public E Utilities Board recommends approval.) ~ E. Consider adoption of an ordinance approving an agreement between the City of Denton and the Police Athletic League; and authorizing the Mayor to execute an agreement approving the expenditure of community Development Block Grant Funds therefore. F. Consider adoption of an ordinance amending Article II of Chapter 28 of the Code of Ordinances (".Building Code") to provide for amendments and deletions to the Uniform } Building code, 1985 Edition, previously adopted as the Building Code for the City of Denton, repealing all ordinances in conflict herewith= and providing for a penalty in the amount of $2,000 for violations thereof. E (The Building Code Board recommends approval.) { P i City of Denton City Council Agenda December 3, 1991 Page 4 G. Consider adoption of an ordinance amending Sections 28- 121 (8) and 28-210 of Chapter 28 (Building and Building Regulations) of the Code of Ordinances , by amending the } minimum fees for permits; amending section 28-297 (3) 3 providing for fees for the inspection of swimming pools I ti ; hot tubs and spas; and providing for a severability clause. (The Plumbing and Mechanical Code Board and the a Electrical Code Board recommend approval.) H. Consider adoption of an ordinance authorizing the Mayor to execute an agreement between the City of Denton and Albertson's Inc. for participation in the construction of a sixteen (11610) inch water wain to serve the City's utility system; and providing for the expenditure of funds. { 7. Resolutions i A. Consider approval of a resolution opposing a proposed change in the Texas Administrative Code which would allow potable water used by heat exchangers to be returned to the potable water supply. (The Public Utilities Board recommends approval.) B, Consider approval of an resolution authorizing the Deputy City Manager to execute, in the city Manager's absence, documents on behalf of the City and authorizing the I Right-Of-Way Agent to accept easements, deeds and other conveyance of real property on behalf of the City of Denton as may be reasonably related to maintenance and improvement of utility services, drainage and traffic r' control. s 8. Miscellaneous matters from the city Manager. 9. Official Action on Executive Session Itemat A. Legal Matters B. Real Estate co Personnel D. Board Appointments I 10. New Business This item provides a section for. Council Members to suggest items for future agendas. S ~t rµ 1 14 W i City of Denton City Council Agenda December 3, 1991 t Page 5 : 11. Executive Session: A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S. ~ j B. Real Estate Under Sec. 2(fArt. 6252-17 V. A. T. S. ` C. Personnel/Board Appointments Under Sec. 2(g), Art. C 6252-17 V.A.T.S. NOTES THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO S EXECUTIVE SESSION AT ANY TIME REGARDING ANY ITEM FOR WHICH IT IS s LEGALLY PERMISSIBLE. C E R T I F I C A T E j I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Taxae, on the day of , 1991 at o'clock (a.m.) P' ACC0001C CITY SECRETARY _ 1 j { j 5 (.4 1 I iii }F CITY of DENTON, TEXAS MUNICIPAL BUILDING / 215 E. McKINNEY / DENTON, TEXAS 76201 F. Fl i t MEMORANDUM s Date: November 19, 1991 To., Mayor Castleberry ! From., Frank Robbins, Executive Director for Planning and Development F Subjects Appoint Members to Airport Zoning Commission This is a request to make appointments to the Airport Zoning Commission. Attached is the backup provided Council when the Commission was created. Members to the Commission have not been appointed. The suggested appointees, is Attachment 1 of the "back- up". It would seem an appropriate time to begin the zoning work around i the Airport as council has recently retained the services of a consultant to update the Airport Master Plan. The Airport Master Plan and zoning to protect that master plan could be done somewhat concurrently. ~ r nk ns XC : ',y"ill Joe Thompson, Airport Manager AXX00073.WP5 c ' 8 1 7156 6-8100 D/FW METRO 434.2529 j i 1 1 : V~ P CITY COUNCIL REPORT O T DATE: May 22, 1991 To: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Hold a public hearing and consider adoption of an ordinance abolishing the Denton City-County Joint Airport Zoning Board: amending chapter 3 of the Code of Ordinances to provide for 1 the creation of an Airport Zoning Commission; and setting forth the { powers and duties of the Commission. RECOMMENDATION: I The Planning and Zoning Commission (6-0) and the Airport Advisory Board (7-0) recommends approval. SUMMARY In accordance with the Local Government Code (Section 241.013) the City of Denton may " adopt, administer and enforce airport hazard area zoning regulations or airport compatible land use zoning regulations" relating to the municipal airport. The procedure for adoption of those regulations requires the City Council to appoint an "Airport Zoning Commission" with the following responsibilities. (i) Recommend the boundaries of the zones to be established and the regulations for those zones. (ii) Prepare a preliminary report and hold public hearings on the i report before submitting a final report to the City Council. The airport hazard area and compatible land use zoning regulations j will regguulate and promote physical development within a "controlled G area" in accordance with the Federal Aviation Administration requirements and the policies of the Denton Development Plan. The controlled area is located within a rectangle bounded by lines 1.5 miles on both side of the centerline of the runway and 5 miles from t each end of the paved surface of the runway. The Planning and Zoning Commission and the Airport Advisory Board recommends that the Airport Zoning Commission comprised of six members with three members named from the commission and the Board respectively. Accordingly, the Planning and Zoning Commission has nominated Ivan Glasscock, William Kaman and Roy Appletoni and the Airport Advisory Board has nominated Allie Miller, George Gilksaon, and Rick Woolfolk (with John Dulemba as alternate) to serve as members of the Airport zoning Commission, (Attachment $1) An ordinance abolishing the Denton City-County Joint Airport Zoning Board and creating an Airport Zoning commission, setting forth the powers and duties of the Commission and providing for an effective date is attached. (Attachment I)2) BACKGROUND The current Municipal Airport Zoning Regulation was adopted in September 1981, by the "Denton City - County Joint Airport Zoning Board". The Joint Board was created by City of Denton Ordinance No. 80-32 allowing for two members to be appointed by the City Council, two members to be appointed by the Denton County ` commissioners court and a fifth member (chair) to be elected by the majority of members. In accordance with State law a Joint'Board is not required to adopt, administer and enforce airport hazard j and compatible land use zoning when a municipality's population 1 exceeds 50,000. E Planning Staff is currently working with a council appointed task force on the comprehensive rewrite of the zoning ordinance. We would like to review and update the current Municipal Airport zoning Regulations (ordinance 81-1) at the same time. The current (Airport zoning) Regulations excludes land use compatibility zoning. In the update process staff will review the current FAA requirements and incorporate land use compatibility zoning into an updated ordinance. PROG$ MS. QE UTMENTS On GROUPS AFFE '¢'IEDs Planning and Development Department, Municipal Airport, landowners in the controlled area around the municipal airport. i FISCAL IMPACTS { Not applicable. Respectfully sl:bmitteds E Lloyd V. Harrell City Manager Prepared bys Harry Persaud, AICP Senior Planner Appr ; Frank H. Robbins, AICP Rxeoutive Director Planning and Development i. 1 ?:2.`£5.35 f3 i ATTACHMENT 1 AIRPORT ZONING COMMISSION r SUGGESTED APPOINTEES f Planning and Zoning Commission c i i s! Roy Appleton III Ivan Glasscock William Ramman { f Airport Advisory Board Allis Miller { George Gilkeson Rick Woolfolk John Dulemba (alternate) i I f i f ~ Ei\~1x1oe•\»ark149135\Jtrn 3, 1991 I ORDINANCE NO. f i AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ABOLISHING THE DENTON CITY-COUNTY JOINT AIRPORT ZONING BOARD; AMENDING CHAPTER 3 OF THE CODE OF ORDINANCES TO PROVIDE FOR THE CREATION OF AN AIRPORT ZONING COMMISSION; SETTING FORTH THE POWERS AND DUTIES OF THE COMMISSION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in 1580 the City of Denton and County of Denton estab- lished a joint airport zoning board to make and enforce airport hazard zoning regulations and compatible land use zoning regula- tions in accordance with State lawt and WHEREAS, the joint airport zoning board adopted airport hazard t regulation6t and a WHEREAS, the State authorizes cities over 50,000 population to adopt, administer, and enforce airport hazard zoning regulations and compatible land use zoning regulations adjacent to municipal airports, including land within a city Ia extraterritorial jurisdia- tiont and r WHEREAS, State law requires the appointment of airport zoning commissions to make a report and hold public hearings on the estab- lishment or the amendment of airport zoning regulationst and WHEREAS, the council wishes to abolish the current joint air- port zoning board and create an airport zoning commission to make a report and hold hearings on airport zoning regulationst NOW, THEREFOREt THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS;, SECTION I. That ordinance No. 80-32, effective April 8, 1980, creating the Denton City-County Joint Airport Zoning Board is re. pealed. ~ECTioN II, That Chapter 3 of the Coda of ordinances is I amended by adding a new Article IV to read as follows: 5 ARTICLE IV, AIRPORT ZONING COXXI88ION { 3 Aea, 3-100. Authorityi creation. j The Denton Munioipal Airport zoning commission is established under the provisions of Local Government Code §241.016 (Vernon 1988). The Commission shall have the duty to study and recommend the establishment and amendment of airport zoning regulations in accordance with State law. s Soo. 3-loi, compositions chairman, terms. The Denton Municipal Airport Zoning Commission shall have six members, appointed by the City Council. Three of the members appointed shall also be current members of the Airport Advisory Board and the other three shall be current members of the planning and Zoning Commission. Each member shall be appointed for a one year term, beginning on July 2 and ending on June 3Q of the following year, or until a successor is appointed. The Commission shall select a chairman and may adopt rules for the conduct of its meetings. S=aL_,L, That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1992. ! i E BOB CASTLEBMY, MAYOR ATTEST: p. JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORIIi j DEBRA A. DRAYOVXTCH, CITY ATTORNEY j ~I i s BYs 1 f PAGE 2 j T s, December 3, 1411 i CITY COUNCIL WORK SESSION ` TO, MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Lloyd V, Harrell, City Manager 4 E SUBJECT: RECEIVE INPUT ON GREENBELT CORRIDOR DEVELOPMENTS AND PROVIDE DIRECTION TO STAFF RECOMMENDATION: The Public Utility Board, at their meeting of November 20, 1991, recommended to the City Council. the continued development of the Greenbelt Corridor as an alternative to the development of conventional recreational facilities at Lake Lewisville. BACKGROUND: I As part of the development of Lake Ray Roberts for water supply, the City of Denton was required to develop and manage recreational resources by the Federal Water Project recreation Act (Public Law 89-72, 16 U.S.C. 4601- 12 et seq.). On August 15, 1980 the City entered into r Contract No. DACW63-80-C-0107 with the Federal Government to construct the recreational facilities required for the project. Consequently, the recreation facilities which were authorized for Ray Roberts Lake also included the acquisition of approximately 21900 acres of land for public use, access and nonspecified additional recreation facilities at Lewisville Lake. The Water Resources Development Act of 1990 subsequently revised the authorization for Ray Roberts Lake to include the development of a Greenbelt Corridor in lieu of the additional recreational development at Lewisville Lake. The concept consists of the acquisition of fee title and conservation easement on land along the Elm Fork of the Trinity between Ray Roberts Dam and the upper end of Lewisville Lake and the construction of equestrian and pedestrian trails, a primitive camping area and canoe launch and take-out points (See Exhibit I). The Cities of Dallas and Denton and the Federal Government are obligated contractually for recreation and water conservation development at Ray Roberts Lake. The contracts for recreational development include the additional recreation facilities at Lewisville Lake that were to accompany the pool raise. The present contracts j ...._.s. F , Ei Et share the remaining costs of recreation development, determined to be separable costs on a 50/50 percent basis between the Federal Government and the sponsors. The cities in turn share the sponsor's 50 percent in the same proportions as their water supply contracts. By letters dated March 4, 1983 and February 28, 1985, the State of Texas, through the Texas Parks and Wildlife f Department expressed the intent to cost share in 25 percent of the first cost of the Greenbelt Corridor and to assume res)onsibility for all operations, maintenance and replacement. By letters dated November 30, 1984 and January 17, 1985, the cities of Dallas and Denton expressed their support for the plan and for the proposed cost sharing arrangements. The cities will share 37.5 percent (City of Dallas - 27.93 percent; City of Denton - 9.82 percent) and the Federal Government will share the remaining 37.5 percent, At this point in the project it was understood that the recreation contracts with the r cities would require revision and a cost sharing contract would be required with the State of Texas prior to initiation of real estate acquisition and construction. SUMMARY The Cities of Denton and Dallas, the Army Corps of Engineers, and the Texas Park and Wildlife met on October i 30, .1991 to discuss the current status of the project and the contract revisions required. At this meeting the Texas Park and Wildlife representative, Mike Herring, formally announced the State will not provide funding for their 25 percent share in the Greenbelt project, He indicated that this was due to budget constraints of the State. Options discussed with the Corp included the following; 1. Proceed with the development of conventional recreational facilities at Sycamore Bend on Lewisville Lake as outlined in the existing contract (50/50 cost share) 2, Pursue a change through Congress for the Reauthorization of Project Funding 3. Continue development of the Greenbelt with the sponsora picking up the State's share 4. Reduction in the scope of the Greenbelt project, After much discussion and debate concerning possible options, it appears that the best option for the sponsors is to fund the 25 percent share of the State portion of the project. The Army Corps of Engineers agreed to pick up the upfront costs allowing the Cities to pay the State's share back over a 50 year period. 1 fn 3 Pending City Council consensus, a letter will be sent to the Army Corp of Engineers indicating Denton's position. PROGRAM/DEPARTMENT OR GROUPS AFFECTED: Citizen of Dayton, City of Denton Public Utilities, Army Corps of Engineers FISCAL IMPACT: f The Greenbelt Project costs have been included in Exhibit ' II. If the project sponsors fund the State's 25 percent b share ($2.3 Million), Denton's portion of the 25 percent share would be an additional $5980000 of project costs. i Denton would then be paying a total of $1,495,000 for the Greenbelt Corridor project. t Respe fully sub/mi~tted, to d V. Harrell, City Manager Prepared by, e Howard Martin, rector Environmental operations Approved b , R.E. Nelson, Executive Director of Utilities ! EXHIBIT I. Location Map II. Project Costs s III. Minutes of PUB Meeting of 11/20/91 File:Cs\WP51\PUBAGEND\GRN1191 { T- t I; r ~VV Z rwwrY KIVF.R-- J ELM FORK -~'-7ll LrwlsvlLl.it LAKii____. _ j PRDP09Ell PRIMrnvE Lli(;IsNI) CAMPING AREA - ::I~nlr PM 455 VM428 USbSU r OHN WA IF It j S~ ♦ -Nt RIVER - CANOE LAUNCH AND PARKING AREA, PROV051'U AI A UIM110N AILFA 1'Hollbl I A LY IUSF.NVAIIifS r/I i:ASei VN1 ARVA EXISiINA; ITF LINE. iiii II PROI' $ ACCESS SS VOlti'fi I r 7 I N-A .Mk CW*1ING 1101 AW: I f AND PARKING A 'A L____ J v~ t f .I " C~tiE~frlT V 1 I ~ ~ I 'F~uu nun I A I _ .1 Cl r^-~ I u 16wf -sin u cNNOELAUNCH I AND PARKING AIiF.A - NORTH Of EMWNIlM i' U.6. AAMY CO" } i - RAY ROHM'S LAKE fMT WOM icxAs 9y RAY ROS[RTS LAKE t GREENBELT CORRIDOR i I PROJECT AREA FIGURE 2 . -_-ter--- S 11 ~4. - .~PeLav~j Ray Roberts Lake • Greenbelt Corridor TABLE 5 PROJECT COSTS I 1 Y I "I FY 1 FY 1993 FY 1994 FY 1995 To a 1 ELO PRIOR TO FY92 25.000 00 LOCAL COOP AGREEMENT 121000 12 000 Negotiate LCA 12,000 2, 0 Review LCA 1 Execute LCA PROJECT MANAGEMENT PLAN 10.000 10.000 ` Oevolop PMP 10,000 10,000 Ccordfnote PMP w/Sponsor PAS Review s ' REAL ESTATE ACOUISITION 1 0 1.391.921 31577.831 11360.24E §~33¢aaQQ 0sefon Memo • Real Estate 1 , 07 0 ; Y 96101 ow Peal Estate DM Survey/Mapping/Oeocriptfons 180,000 180,000 - Title 111,000 111,000 Appraisal 91,375 123,625 215,000 1 ' Acquisftfon 1,009,546 3,426,706 1,336,748 5,773,000 W ocatlon Asst./Condennetlon 23,500 23,500 47,000 RECREATION FACILITIES 112.850_ 15 738,426 1.025.574 ZAILQgQ DM • RAG Pecs 12, 590 37, i -50 148, b3 Review Roo. Face. Do 1 Plane L Space • Net Face 171,000 171,000 1 , Review Rec, Fact, PLS Advert Red, Fecs. Contract 2,000 2,000 Construct Roc Face 565,485 787,515 10353,000 EnjIneering During Const. 15,882 22,118 381000 Construction Mg~at 155,059 215,941 371,000 CULTURAL RESOURCF$ Arch Survey L Tooting 18 433 7.~4I 60 967 Arch Mltfgatlon 39,793 28,207 68,000 EOUNOAAY DELINEATION 70.000 142.013 194.987 407,000 Plans L Space • Fencirq 70,303 -70,600 Review Fencing PLO Advertise Fencfng Contract 2,000 2,000 1 Construct Fencing 109,503 152,497 262,000 Cometruotion Mont. 30$10 42,490 771000 PROJECT MANAGEMENT 9,196 4660 9,660 30 Project ot Me managwnt '9 33-11Q7 33,-f07 20 r $90 , Programme McHaQealetlt 16,599 16,553 16,5'13 10,295 60,000 as aaabatl Imams"" abafaawn seaabba baaabb ■alaa boa 1 total 35,000 $1,595,000 54,000,000 $2,318,$54 $1,251,446 59,200,000 Roundel C33,000)(1,595,000)(4,000,DOOM 300,000)(1,270,000) FEDERAL 37.5% 13,125 $98,123 1,500,000 $62,500 476,250 3,4504000 NOW-FEDERAL 62.5% ' Aefaburaa4lle C77.S%) City of Dallis 9,713 442,612 1,110,000 638,250 352,425 2,5$3,000 Cityy of Denton 3,412 155,513 390,000 224,250 123,825 897,000 won Of WK noble (25.0%) State of Texse 84710 3980750 1,0001000 $75,000 117,300 2,300,000 EXHIBIT It, Pr+ojeel Management Plan 18 e~ n EXCERPT MINUTES PUBLIC UTILITIES BOARD MEETING NOVEMBER 20, 1991 15. RECEIVE INPUT ON GREENBELT CORRIDOR DEVELOPMENTS AND PROVIDE i DIRECTION TO STAFF. Martin reviewed the current status of the Greenbelt project. He reviewed the contract revisions required to implement the greenbelt project. Martin advised that the Texas Department of Parks and Wildlife told a group meeting that they would not participate In their 25% share of the Greenbelt corridor; in 1985, the TPWD committed to the concept by letter, but there were never any contract revisions. As a result they have backed out of the 25% funding. Martin explained the project costs approximately $9.2 million- and this change of S, posture by the TPWD means $2.3 million In upfront money may not be { available. TPWD stated that, as a result of the Texas economy, they cannot commit these funds. j Martin identified three options: 1. The original option: j to fund conventional recreation facilities on Lewisville with the } development of substantially more than our participative share; } 5 I~ 2. Reduce the scope of project: The Corps felt this couldn't be done since the Texas Recreational Plan has shown greater cost benefit ratios today then when the plan was developed. i t: ' 3. The Cities could pick up the $2,3 million of state's share of Greenbelt; Corps has committed to paying upfront costs of $2.3 million, and Denton would pay this back over a 50 year time frame; this appears to I be tho best option; it would Increase Denton's share to $598,000 in the project. Denton would pay $897,000 for a total of $1,4 million over a 50 year period. The additional %eta of $2.3 Denton is paying 26% of that, Dallas is 74%- they would pick up $1,7 million. This will increase the total project cost to $111,000/yr to the City of Denton. Dallas has given indication they would favor picking up their percentage share of $2.3 million. The Corps is now waiting on Denton's decision on their position. Denton has to build one or the other, Thompson noted. Of the two options, the better appears to be to pick up the State's share of the funding. Martin advised this option would still reflect substantially less cost than is normally assooiated with this type of project. Thompson asked what kind of action will be required of Denton since this will be i a state park; Martin stated the Corps has committed to operation and maintenance of the facility with no costs to Denton for this service. The approximate cost of O&M is $340,000/year and Denton will not be out that money. Land acquisition represents Denton's major costs, More general discussion followed. Coplen made a motion to approve subject request, Second by Ridens. All ayes, no nays, motion carried. A Val, Z { TON, TEXAS MUNICIPAL BUILDING / 215 E. MGKINNEY / DENTON, TEXAS 76201 D1TY of DEN i B i November 26, 1991 DR J Mr. Donald L. Hansen, CHA secretary-Treasurer Legal Defense Fund of the Texas Hotel/Motel Association 900 Congress Avenue, Suite 310 Austin, Texas 78701 Dear Mr. Hansent j T an in receipt of your letter dated November 6, 1991, which i delineates your opinions regarding the City of Denton's Hotel ! Occupancy Tax funds distribution. I feel that, after reading your letter, some clarifications on the distribution of the City's funds may be helpful. 11 All of the fund recipients have contractual agreements ithr he fice City which have been reviewed by the At the time eof the contract to the City Council's approval. negotiations, the issues of legislative restrictions was discussed and it was determined that the Where City confusion would be n cmay be ompliance ce with the approval of the contracts with the two contracts for distribution Greater Denton Arts Council hasa Denton Art Council {GDAC) . The two separate contracts for the use of hotel/motel tax receipts. Each contract is for one-seventh of the seven percent collected. Each contract is separate and distinct both in term and in the use of funds One contract is used for the funding of the arts through the Arts Council. The second contract is for the renovation of a I historical structure. The historical structure contract expires on I March 31, 1992, or the completion of the renovation of the old city steam plant, whichever comes first. 8171566.8200 D/PW METRO 434.2519 S N ' F;lA2~'k li Ap 4^ t Letter to Donald Hansen, CHA DRAFT November 26, 1991 Page 2 Section 2.1 "Use of Funds" in the second contract states that "for and in consideration of the payment by the City to the GDAC of the agreed payments of the hotel tax funds and such other funds received or raised from other sources as contemplated herein only for the purposes of improving, enlarging, equipping, repairing, restoring, and preserving the "Old City Steam Plant" property under lease from the City as authorized by Tex, Tax Code, paragraph 351.101, (a) (1) and (5).11 As T am sure you are well aware, Section 351.101(x)(1) authorizes the expenditure of hotel/motel, tax funds for the purpose of constructing, improving, and enlarging ' convention center facilities, including auditoriums, 5 In response to your indication of the prior allocations of hotel/motel tax for the quarters ended September 30, 1990 through June 30, 1991, 1 have attached, as exhibit A, a ropy Showing the distribution of those funds. As you can see, the Greater Denton t' Arts Council only received 14.285$ of the total distribution of funds for the arts. The other 14.285% was under the second r contract for the building renovation. The City believes the contractual agreements are in compliance with the legislative 15% cap for the arts. f I will be more than happy to answer any questions that you may have regarding this information, or to provide any further information if you so desire. Please feel free to contact either myself or the Executive Director of Finance, John F. MoGrane. i Sincerely, Lloyd V. Harrell City Manager ? AFFOOOCN Attachment i EXHIBIT A i CITY OF DENTON DRAFT HOTEL OCCUPANCY TAX SUMMARY 1 l FOR THE QUARTERS ENDED SEPTEMBER 30, 1990 THRU JUNE 30, 1991 Hotel Occupancy Tax collected ; F DISTRIBUTION ANALYSIS r Unallocated . . . . . .#-(1.060q$ 41376.45 Denton Chamber of Commerce . .(42.220$) 173,788,86 Greater Denton Arts Council. . . . . . . . .(14,285$) 58,799.00 Greater Denton Arts Cci.incil (Bldg) tr (14.2135$) 58,799.00 € North Texas Fair Association , . . . . . . . i (14,080$) 57,946.53 ~ Jif Denton County Historical Museum. i (12,380$) 50,9,• ~b.32 F Denton County Historical Foundation. , 1,690$) _ 6,948.33 Total Distribution 5411, di .49 i ~ t l t Ll . f j December 3, 1991 CITY COUNCIL AGENDA ITEM i i T0; MAYOR AND MEMBERS OF THE CI'T'Y COUNCIL ! FROM. Lloyd V. Harrell, City Manager SUBJECT: CONSIDER PAYING REFUND TO ELECTRIC UTILITY CUSTOMERS FROM SURPLUS FUNDS RESULTING FROM LOWER GAS COSTS IN 1991. RECOMMENDATION: The Public Utilities Board, at their meeting of November 20, 1991, recommended to the City Council a refund of .3 cents per KWH to each customer for all KWH's purchased from Denton during the billing periods of October, 1990 through September 1991 and that such payment be made by check to each current customer and to all, past customers that can be located. SUMMARY/BACKGROUND: Ih l In 1990-91 fiscal year, the average variable cost of purchased power and natural gas was estimated to be 1.9 cents per KWH. Due to lower than expected natural gas costs and some improved effielenoies of plant operations, the variable cost was less, resulting in average variable energy costs of Y approximately 1.6 cents per KWH. r The Board recommends that this amount be refunded to all current customers on the Denton system In the amount of 0.3 centE per KWH. Provisions will be made to contact customers who have left the system and payment will be made to them on a request basis. The refunded amount will be used to offset past due account balances for both current and Inactive customers and those customers will be notified in writing of this credit. The Board recommends that Individual chooks be made to effect this refund and that such payment be made on approximately December 18, 1991. For amounts less than $b for active account customers, a credit will be made on their account, rather than sending a check. l 1 t i`KtWKta*+' Citizens of Denton and Denton Municipal Utilities. c 1 FISCAL IMPACT: ~ I Since Denton sold 799,000, 000 KWH during fiscal year 1990-91, a 0.3 cents per KWH refund will result in an approximately $2,338,877 refund to Denton customers. RESIDENTIAL 261)732,263 X 0.003 = $785,196,78 COMMERCIAL 467,633,777 X 0.003 = $1,402,901.30 i GOVERNMENT 42,863,329 X 0.003 = $ 128,589,99 t TEMPORARY 1,008,925 X 0.003 = $3,026.78 s f DUSK TO DAWN 1,1850233 X 0.003 = $5,445.70 ¢ LIGHTING 40572,227 X 0.003 = $13,716,68 7790628,754 X 0.003 = $20338,877.26 Resp tfully sup itted, to d V. Harrell, City Manager Prepared by, ,E. Nelson, Executive Director of Utilities EXHIBIT; I. Minutes of Public Utility Board Meeting of 11/20/91. AiWae Refund JO XX OR 1 Y l 1 i A i E.C.A. REFUND CHECK PROJECT ISSUES 1. REFUND $0.003 PER KWH ECA BILLED OCTOBER 1990 THROUGH SEPTEMBER. 1991 a ; 2. PRODUCE REFUND CHECKS FOR ACTIVE ACCOUNTS ONLY A) Limit checks to $5 and over b) Put in mail no later than December 18-19 ! _I c) Apply to any account with 30 day past due balance d) Contact major accounts with past due balances; no check e) Enclose letter of explanation 3. ADVERTISE TO ALL INACTIVE CUSTOMERS. Come in to make application for refund I i I f AI\RCA.Wgk x% 1 I I T X1. Pw E i}'.Ftt3:. 6e5' 1 1 EXCERPT MINUTES i PUBLIC UTILITIES BOARD MEETING I NOVEMBER 20, 1991 4. CONSIDER PAYING REFUND TO ELECTRIC UTILITY CUSTOMERS FROM SURPLUS FUNDS RESULTING FROM LOWER GAS COSTS IN 1991. r Staff explained, that due to savings resulting from lower gas i costs during 1991, the utility is able to refund some of these costs to their customers. The staff would like to send checks . to the customers) the average check would be about $30. Thompson requested a form letter be included with the check explaining its origin. Laney made a motion to pay the refund to the electric utility customers. Second by Ridens. All ayes, no nays, motion carried. I, i r i I i E 1 ( DATE: 12/3/91 f { CITY COUNCIL REPORT FORMAT f TOS Mayor and Members of the city council j FROMS Lloyd V. Harrell, City Manager i , I SUBJECTS Construction Code Boards of Appeal BEECOMMENDATIONi Alternatives are attachment 1. SUMMARYS 1. The City Charter statesS I Sec. 14.04. Personal Interest. ' No officer or employee of the City of Denton shall have a financial !.nterest, dineat or indirect, in any contract with the oity, or be financially interested, directly or indirectly, in the sale to or by the city of any land, materials, supplies, or services, except on behalf of the city as an officer or employee. Any willful violation of this section shall constitute malfeasance in office, and any officer or employee guilty thereof shall forfeit his office or position. (Ord. No. 79-86, S 2, 12-11-79, ratified 1 r 19-80) 2. section 14.04 does not prohibit a city official from bidding and receiving city contracts, but from serving on a final decision making body, such as an appeals board, after receiving a city contract. 3. A member of a non-decision making board is not an "officer or employee" of the city. If the code board's of appoal became advisory to the Counoil, contract acceptance by board members wjuld not violate 14.04. 4. A list of alternatives is in attachment 1. 5. In the last three years, there have been a total of eight appeals heard by the boards. 6. The principal work of the boards over the last several years has been the promulgation, review, and amendment of highly technical construction codes or ordinances. } i . iy ( Cn~ 'ik'S`}4A We. 9 i I City Council Report December 3, 1991 Page 2 .O OU ~ 1. The "City contract with a board member" issue has been discu.,sed at least since 1990, when a member of the Plumbing and Mechanical Board received a City contract. 2. In the spring of 19910 the City Attorney forwarded to council for discussion ' an ordinance making city council the final appeal authority for electrical, ~ mechanical, and plumbing appeals. Please note that this draft ordinance does i not include building code appeals (attachment 2). There was then some discussion of the Building Code Board being the "super board". 3. In the summer of 1991, there was some discussion with the boards and staff that the Building Code Board become the "super" board rather than Council. i The Electrical Code Board opposed this idea and recommended a "leave of ' absence" alternative (attachment 3), s r 4. November 5, 1991. A member of the Building Codo Board of Appeals receives a City contract. PROGRAMSt DEPARTMENTS OR GROUPS AFFECTEDi Construction appellants Building Inspections Departments City Council) and construction code board members, current and future. j FISCAL IMPACTf None $s ®o flly'suJbmit Lloyd V.1 City Manager Preparedi l M rank ob 1 fift A I C P Executive Director i Planning and Development Attachmentst 1. Alternatives. 2. Ordinance making Council final appeal authority. 3. Electrical Code Board of Appeals alternative. AXX00047 t F I 1 i Attachment 1 ALTERNATIVES ALTERNATIVES PROS CONS 1. Do nothing. Maintains service of active, Charter violation. Status quo. effective members. Does not discourage May jeopardize decisions, membership. pC 2. city Council makes maintains service of active, may add a month to the { final decision based effective members. appeal process. on Board ` recommendation. Does not discourage council is not technically membership. prepared. Recommendation of Board not Adds a few more agenda jeopardized by Section 14.04 items to Council's work violation. load. charter not violated. Decisions are neither f legislative or policy i making, but are quasi- f judicial. 1 r 7 r r 1 1 I 6.~.... _ . L ..-.eilp~J,.R1ctB.MlNas.v ,xy~.. t r r 3. Leave of absence for 6 Maintains limited service of Charter violation as the months or for time of members. member on leave is still a contracting. member. Alternate replaces voting member with City contract. May not discourage Some potential for quorum memberships. short falls because alternates become members. Board decision not jeopardized. No time lost in appeal process. 4. Alternates appointed Maintains limited service of Some potential for quorum to all boards. Board existing members. short falls because member with City alternates become members. oontract, resigns, alternate replaces. council has option to reappoint after contract completed May not discourage membership. Board decision not jeopardized. No time lost in appeal process. INot a charter violation 6 >i i K -Jf~5441d 5i 11?rf'tsa..4~ta 34VS'ftRSk.fattrn.rw crn .n r. AM" r; 'rl i 5. Charter amendment of Clears up charter Many months from fruition. ! Section 14.94. violations. May not be passed in charter election. May not discourage citizen May not be passed in participation on decision Charter election. making boards. 6. Board terms are one Limits the impact of Lack of continuity on year. membership on a board. highly technical board. Contractor gives up only one year of potential contracting with the City. 7. Officials forfeit Follows charter. Lose of existing members. ` office after Council direction. Enels jeopardizing appeal May act as a deterrent to i 'ecisions. future citizen service on code appeal boards. iE } s•..v.. ..id nav'.H»i~yn.h 4 r IlsI1YJt',y' 4 /{(IY'Jj21 I i 129029 March 1, 1991 ATTACHMENT ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENT014o TEXAS, AMENDING CHAPTER I TO A PROHIBIT BOARD MEMBERS FROM REPRESENTING CLIENTS BEFORE THEIR BOARDS; AMENDING CHAPTER 91 CHAPTER 13 1/2, AND CHAPTER 17 TO PROVIDE THAT APPEALS AND REQUESTS FOR VARIANCES FROM THE REQUIRE- MENTS OF THE ELECTRICAL, MECHANICAL, AND PLUMBING CODE BE DECIDED BY THE CITY COUNCIL UPON RECOMMENDATION OF THE APPROPRIATE BOARD; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING FOR AND EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That section 1-44 ("General Rules") of Chapter I of ' the Code of Ordinances is amended by adding a new paragraph to read as follows: Representation by Board Members. No board member shall represent for compensation another person before the board on j which the member serves. SECTION II. That section 9-51 and section 9-52 of Chapter 9 of 1 ~i the Code of Ordinances are amended to read as follows: } Section 9-51. Board Procedures and powers. The board shall adopt rules to govern its proceedings and shall elect a chairman who may administer oaths, and compel the attendance of witnesses. The board small with the as- sistance of the electrical inspector and director of elec- trical utilities periodically review the electrical code and make recommendations on the adoption of a new code. Section 9.52. Appeals. (a) Any person aggrieved by any decision of the electrical inspector way appeal the decision or order by filing an appeal in writing with the Building official within ten (10) days of the date of the decision or order appealed from. The appeal shall contain a statement setting forth the grounds of the appeal and shall ba accompanied by the fee i established by ordinance. (b) An appeal shall stay all proceedings in connection with the decision or order unless the electrical inspector certifies to the City Council, after the appeal has been f1led, that a stay would cause hazard to life or property. In such case, proceedings pursuant to the decision or order of the electrical inspector shall not be stayed except by order of the City Council. all rel (c) The building official shall transmit to the board The hoard was vant ,records upon which the app shall hold a hearing on the appeal within a reasonable time, after giving prior written notice to the person apealing. Any person may appear before the board and present relevant evidence regarding the appeal. After the close of the hearing, the board shall make a recommendation thereon to the City council. (d) The building official shall then transmit to the City relevant records upon which the appeal was taken ~ council all , 5 along with the recommendation of the board. The City council shall hold a hearing or on the written appeal able time, after giving prior appear before the City council appealing. Any person may and present relevant evidence regarding the appeal. 7 , (e) The City Council shall have the power to reverse or affirm or modify, in whole or in part, the decision or order appealed from by a vote of _ of the members in attendance. No decision of the Council shall vary or be inconsistent with the terms or provisions of this chapter! i { (f) Enforaement• The electrical inspector shall enforce and execute all decisions and orders of the City Council made under this chapter. SF~zCT 0 III6 That Chapter 9 of thc• Code of Ordinances is 9-53 to read as follows: section amended by adding anew section 9-53. variances. Any person may apply for a variance of any requirement in the use of materials or devices and, the mode or manner of instal- lation of construction required by this chapter. The request On'! btu submitted and reviewed Theaccordance with may, they ro- cedures applicable to appealse receiving the recommendation of the board, grant the variance by a vote of _ of its members if it finds that: 1 (a) Enforcement of the requirement would create an undue f hardshipt j (b) Granting the variance would not violate the spirit and intent of the requirements. That Chapter 13 1/2 of the Code of ordinances is 1 amended by adding a new section 13 1/2-3 to read as follows: PAGE 2 } I f, f i Section 13 1/2-3. Appeals. (a) Any person aggrieved by any decision of an inspector in the enforcement of this Code, may appeal the decision or order to the Plumbing and Mechanical Code Board by filing an appeal in writing with the Building official within ten (10) days of the date of the decision or order appealed from. The appeal shall contain a statement setting forth the f grounds of the appeal and shall be accompaniod by the fee established by ordinance. 1 , i (b) An appeal shall stay all proceedings in connection with the decision or order unless the Building Official certifies to the City Council, after the appeal has been filed, that a stay would cause hazard to life or property. In such case, } proceedings pursuant to the decision or order of the electrical inspector shall not be stayed except by order of the City Council. (c) The building official shall transmit to the board all relevant records upon while the appeal was taken. The board . shall hold a hearing on the appeal within a reasonable time after giving prior written notice to the person appealing. Any person may appear before the board and present relevant % evidence on the appeal. After the close of the hearing, the board shall make a recommendation thereon to the City ? a Council. (d) The building official shall then transmit to the City Council all relevant records upon while the appeal was taken along with the recommendation of the board. The City Council shall hold a hearing on the appeal within a reason- able time, after giving prior written notice to the person appealing. Any person may appear before the City council and present relevant evidence on the appeal. f (e) The city council shall have the power to reverse or affirm or modify, in whole or in part, the decision or order appealed from by a vote of of the members in attendance. No decision of the council shall vary or be 11 inconsistent with the terms or provisions of th±.s chapter. t (f) Enforcement. The Building official inspector shall enforce and execute all decisions and orders of the city Council made under this chapter. SECTION V. That chapter 13 1/2 of the Code of Ordinances is amended by adding a new section 13 1/2-4 to read as follows PAGE 3 i 1 Section 13 1/2-4. variances. Any person may apply for a variance of any requirement in the use of materials or devices and the mode or manner of instal- lation of construction required by this chapter. The request shall be submitted and reviewed in accordance with the pro- cedures applicable to appeals. The city council may, after receiving the recommendation of the board, grant the variance by a vote of of its members if it finds that: (a) Enforcement of the requirement would create an undue i hardshipp (b) Granting the variance would not violate the spirit and intent of the requirements. SBCTION yi. That section 17-24 of Chapter 17 of the code of i ordinances is amended to read as follows: Section 17-29. Appeals. s (a) Any person aggrieved by any decision of the plumbing inspec-4 ' for may appeal the decision or order by filed an appeal in writing with the Building official within ten (10)days of the date of the decision or order appealed from. Tie appeal shall contain a statement setting forth the grounds of the appeal and shall be accompanied by the fee established by ordinance. f (b) An appeal shall stay all proceedings in connection with the i decision or order unless the plumbing inspector certifies to the City Council, after the appeal has been filed, that a stay would cause hazard to life or property. Tn such case, proceedings pursuant to the decision or order of the plumb- ing inspector shall not be stayed except by order of the city council. (c) The building official shall transmit to the board all rele- vant records upon which the appeal was taken. The board shall hold a hearing on the appeal within a reasonable time, after giving prior written notice to the person appealing. Any person may appear before the board and present relevant evidence on the appeal. After the close of the hearing, the board shall make a recommendation thereon to the City f council. j (d) The building official shall then transmit to the city council all relevant records upon which the appeal was taken along with the recommendation of the board. The City council shall hold a hearing on the appeal within a reason- able time, after giving prior written notice to the person appealing. Any person may appear before the City Council PAGE 4 { ~ c i I and present relevant evidence on the appeal. (e) The City Council shall have the power to reverse or affirm or modify, in whole or in part, the decision or order appealed from by a vote of of the members in attendance. No decision of the Council shall vary or be inconsistent with the terms or provisions of this chapter. (f) EnforcementL The plumbing inspector shall enforce and execute all decisions and orders of the City Council made under this chapter. SECTION V11. That Chapter 17 of the Code of ordinances is M amended by adding a new section 17-30 to read as follows: Section 17-30. Variances. Any person may apply for a variance of any requirement in the use of materials or devices and the mode or manner of instal- { lation of construction required by this chapter. The request shall be submitted and reviewed in accordance with the pro- f eedures applicable to appeals. The City Council may, after a ; receiving the recommendation of the board, grant the variance by a vote of of its members if it finds thatt (a) Enforcement of the requirement would create an undue hardshipt and } (b) Granting the variance would not violate the spirit and i intent of the requirement. { SECTION VIII. That this .ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1991. i I BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY., PAGE 5 4 1 t1 r~ I a 1{IsS~ I I ~ 1 ATTACHMENT 3 y MEMORANDUM DATE: June 17, 1991 TO; Uou Castleberry, Mayor FROM: Electrical Code Board ` SUBJECT: Proposed amendments to Code of Ordinances As members of the City of Denton Electrical Code Board, we would like to ' communicate our opposition to the proposed amendments to the Code of ordinances amending Chapter 1 to prohibit board members from representing clients before their boards; amending Chapter 5 to expand the membership of the building code board; amending Chapter 9, Chapter 13 1/2, and Chapter 11 to provide that appeals ana variances be decided by the Building Code Board upon severability clause; and providing for an f effective date, s 3 We find this proposal to be undesirable; and therefore, not in the best intorest of the citizens of Denton for the following reasons-, The proposal only addresses two thirds of the possible conflict I of interest dilemma, The Building Code Board membership provides for inclusion of general contractor membership in the same manner as that of the Electrical Code Board and the Plumbing and Mechanical Code Board, Should a general contractor who is a member of the Building Code Board elect to contract for work with the City, then this issue will once again require addressing. Modification based on this proposal significantly reduces the jurisdiction of both the Electrical Code Board and Plumbing and Mechanical Code Board, relegating them to a level of insignificance, Placing these boards in a subordinate position to the Building Code Board eliminates parity among the boards and communicates reduced responsibility and authority. I By adopting this amendment, an additional layer of review is I required with accompanying meetings and documentation, This increased bureaucracy consequently results in increased costs to the city. This proposal appears to be motivated by the vested interests of a select few, rather than being a policy that addresses the common good and best interest of the majority. 0047S -~-w- f-_ ~ _ ~-sue.-.Tam- _T Po. . K}7Ft'a* S 1 i, Proposed Electrical Amendments Page Two We sympathize with those who are being negatively impacted by the current this s, we consider to the aforementioned oordinancen is ordinance. proposal However, to v oe ,inbased ferior on In order to accommodate the interests of the affected contractors, maintain the benefit of contractor involvement on the boards, and eliminate the perception of conflict of interest, we offer the following alternate proposal. On the awarding of a city sponsored contract to a board member contractor, it would be necessary for the member to be placed he on "leave of absence" for a six month period or the term of the contract, whichever is longer. During this period of time, individual would be replaced on the board by an appointed alternate. Upon completion of the contract, or the six month period, the contactor would be restired to full membership i subject to all standing governing requirements. This alternate approach could satisfy the interests of all involved. We can not judge this proposal on its legal merit, but feel that it, or a reasonable modification of same, could serve the need. We respectfully submit this to you and stand ready to work with all 3 concerned to come to an acceptable correct answer. E 1 ~ 1 Trenton ams, ~a rman John ar nger m c ana an I ar on Johnson i Victor an ova k Greg c e W. Building Code Board membership Plumbing and Mechanical Code membership Lloyd Harrell, City Manager Deborah Drayovitoh, City Attorney 0047S 1 r 5 ` I 02 CITY OF DENTON CITY COUNCIL MINUTES NOVEMBER 5, 1991 The Council convened in*o the work Session at 5:15 p.m. in the Civil Defense Room. PRESENT: Mayor Castleberry; Mayor Pro Tem Hopkins; Council Members Alexander, Perry, Smith and Trent. ABSENT: Council Member Chew 1. The council convened into the Executive Session to discuss legal matters (considered settlement in Hunter. Cami v. City of Denton, at al and considered settlement offer in Gor er ~pity), real estate, and personnel/board appointments. Council Member Chew joined the meeting during the above discussion. 2. The council received a report and held a discussion regarding legislation passed by the 72nd Legislature that might have an impact on the Municipal Court procedurally, fiscally or both. { Harlan Jefferson, Treasurer, stated that the report was prepared in i response to the City Council's request for staff to meet with the Municipal Judge and prepare a detailed analysis of the recently approved state legislation affecting the Municipal Court. For each bill, a summary, impact analysis and recommendation where appropriate was provided. Staff members providing input regarding the bills included the Municipal Judge, Chief of Police, Assistant City Attorney and Treasurer. House 5111 -No. 2 This bill added the requirement of showing evidence of financial responsibility in order to register a vehicle, obtain motor vehicle inspection or upon applying or renewing a driver's license. It also specified the types of acceptable evidence of financial responsibility. The bill reworded the language creating the { offense of operating a motor vehicle without required evidence of financial responsibility and provided for an increased penalty range. The overall effect of this bill would be an increase in the number of motorists able to show evidence of financial responsibility, resulting in fewer citations for this violation. 1 In addition, the City would be required to train staff on the types of evidence acceptable to satisfy the requirement of financial responsibility, have police officers check the suspected violator's driving history and file higher charges through the District Attorney's Office for second and subsequent offenses which would be outside the Municipal Court jurisdiction, update the Affidavit of Probable cause to reflect new types of evidence acceptable to show financial responsibility, change the citation to reflect the new name of the Act and provide a warning regarding subsequent convictions. The recommendation of the Committee was that the City 5 Y" ztr-,,zrn^~i ~ I l t 4 City of Denton City Council Minutes November 5, 1991 Page 2 j complete the action needed to become in full compliance with H.B. No. 2. f Consensus of the Council was to proceed with the staff recommendation. I t ; ouse Bill No 70 i This bill provided for an additional $3 court cost to be assessed on all convictions under the Uniform Traffic Act. These funds were to be maintained for the municipality. The bill also changed the eligibility requirements for a person attending a driving safety € course and created a condition that the defendant provide the Court ! with proof of financial responsibility before a driving safety course may be granted. Staff recommendation was to continue complying with H. B. 70. Consensus of the Council was to proceed with the staff recommendation. it s~ House Bill No tai House Bill No. 166 f prohibited state agencies and political subdivisions from establishing or maintaining a system for evaluating, promoting, compensating, or disciplining a peace officer based on the issuance of a specified number of traffic t citations or a municipal court judge based on the amount of revenue c collected from traffic convictions. It did not require any action J' by staff or the City. douse Bilt No 407 a This bill related to increasing the fine for certain misdemeanors and amended some court costs. The only action required of staff i was programming changes to the municipal court software which would accommodate the new court cost. This was done in September. It was recommended that the City continue complying with H. B. 407. It was possible that the Judge would increase fines for these offenses either on a case by case basis or on a sliding scale based on the prior record of the defendant, however, it was not anticipated that there would be any drastic increases. i Consensus of the Council was to proceed with the staff recommendation. House fjill Nn__~iSAR This bill amended provisions of the Uniform Traffic Act relating to T.~ ~ U.cS:;•p;Pr7 City of Denton City Council Minutes ' November 5, 1991 Page 3 I driving safety courses and provided that the court may exercise discretion in granting a request to take a driving safety course under either the mandatory or permissive sections upon the written motion of the defendant submitted to the court at any time prior to final disposition. The legislation also created a new requirement that in the event a defendant failed to provide proof of course j completion within the time allotted by the court, the court must ' notify the defendant in writing of the default and require the person to appear for a show cause hearing. If the defendant could show good cause why the proof of completion was not submitted to the court as required, the court may allow an extension of time during which the defendant may submit the uniform certificate of course completion. It was recommended that the City not extend the time period a defendant had to request to take a driving safety ; course and comply with the remainder of the bill. i; j; Consensus of the Council was to proceed with the staff recommendation. U House Bill No. 944 This bill granted a municipal court additional jurisdiction for criminal prosecution of juveniles. The municipal court fi f jurisdiction had been extended to include offenses involving a misdemeanor punishable by fine only other than the offense of public intoxication. Staff recommendation was to waive the new E jurisdiction. This was recommended as the court would have no enforcement capability to assure compliance with its judgements. This would make the City less effective than the County's juvenile court. Additionally, when considering the minimal fine amounts and the fact that payment would only be on a volunteer basis, the time, energy, and effort exhausted on these cases would not be offset. It was felt that the City could only do an effective job with these t cases if a teen court were established. ii Consensus of the Council was to proceed with the staff recommendation. House ill 96Q This bill provided that a municipal court judge had the discretion to allow a defendant to enter a treatment program for chemical dependency and upon completion of this program, gain dismissal of a pending criminal charge, The primary difference between this bill and the municipal judge's existing authority was that the bill did not allow for the assessment of a special expense to cover the cost of administering the case. It was believed that the state wanted to provide alternatives to fine payment for dealing with t City of Denton City Council Minutes November 5, 1991 Page 4 Class C offenders. It was recommended by staff that as a standard practice, the City continue to offer deferrals for this situation. That would permit the City to charge a special expense to offset administrative oasts. It was believed that most defendants would rather pay the special expense fee than be convicted of a crime. Consensus of the Council was to proceed with the staff recommendation. s House Bill No 134$ t House Bill 1342 created an offense for a person to knowingly falsify any information or verification required in connection with a commercial driver's license. An operator of a commercial vehicle could not attend a driving safety course and be granted a deferred adjudication for dismissal of a traffic offense if the offense was one defined as a serious traffic violation. This bill would require staff training, a change in the City's citation, and a } change in the municipal court software. It was recommended that the city comply with the bill by revising the citation form and the ? Y Municipal Court software. i } Consensus of the Council was to proceed with the staff { recommendation. House Bits No 2183 This bill created penalty enhancements for the offenses of Purchase of Alcohol by a Minor, Consumption of Alcohol by a Minor and Possession of Alcohol by a Minor. it also provided that the court may require a defendant upon a first conviction for any of the previously listed offenses to attend an alcohol awareness course approved by the Texas commission on Alcohol and Drug Abuse or a similar alcohol awareness course approved by the court. A j mandatory portion of the bill would require the municipal court to maintain history files on Alcoholic Beverage Code violations in order to assess the proper fine amount. It was the staff recommendation to utilize the existing deferral program instead of the discretionary portion of this bill. Consensus of the Council was to proceed with the staff recommendation. i senate Bbl No 355 This amendment specified that the law enforcement agency that executed the arrest warrant or capias may request payment of this fee from the Court, provided that the request was vale not later '7 k '1 i City of Denton City Council Minutes November 5, 1991 Page 5 than the 15th day after the date of the execution of the warrant. This situation may be handled by an interlocal agreement between law enforcement agencies. The executing agency would not seek to claim any warrant fees and allow all warrant fees to remain with the processing law enforcement agency. Staff recommended that the city enter into an interlocal agreement and develop a mechanism to proress requests from jurisdictions that were not a part of the r agreement. Consensus of the Council was to proceed with the staff recommendation. _i Senate Bill No 460 f This bill allowed for the assessment of court costs not to exceed $5 for cases involving parking or stopping vehicles in violation of f City ordinances. The funds generated from this new fee were to be earmarked to fund city programs for school crossin the event the city did not operate a school crossin uard pro gram, the city may deposit these funds in an interest bearing account or i expend these funds for programs designed to enhance child safety, health or nutrition, including child abuse prevention and t intervention and drug and alcohol abuse prevention. It was eacommended that the City not increase this court cost on parking or stopping vehicle violations. This would conflict with the city CouncilOs major budget issue decisions. Additionally, it was recommended to utilize the revenue from the mandatory court cost to offset the City's existing child safety program. f Consensus of the Council was to proceed with the staff recommendation. Senate Bill No 757 E This bill provided that driving safety courses, in order to be acceptable for dismissal of violations of the Uniform Traffic Act, be conducted in central Education Agency approved schools. Also } the court's authority to approve any other types of completion documentation was eliminated. It was recommended that the City comply with this bill as there were no discretionary areas of the bill. Consensus of the Council was to proceed with the staff recommendation. Senate Bill No 883 This bill allowed a peace officer to issue a citation that gave an T_ t aq. i.~ sgft' t~ I City of Denton City Council Minutes November 5, 1991 Page 6 accused written notice of when and where to appear in front of a magistrate rather than taking the person into custody. Staff recommendation was that whenever feasible, the city issue a citation as opposed to arresting defendants. Consensus of the Council was to proceed with the staff recommendation. Jefferson continued that many of these bills increased the workload of the Municipal Court by adding time consuming tasks. The staff was already overburdened with procedural changes resulting from case law evolving in higher courts. Increasing the Courtfs automation capability should occur before attempting to evaluate the staffing levels. Three potential areas of improvement were an automated answering phone system, a word processing system, and initiate the process to rewrite or replace the Municipal Court } v computer system. The emphasis would be on locating the most cost l effective system to meet current and foreseeable future needs. i y The Council then convened into the Regular Session at 7:00 p.m. in j the Council Chambers. PRESENT: Mayor Castleberryt Mayor Pro Tem Hopkins; Council Members h Chew, Perry, Smith and Trent. ABSENT: Council Member Alexander t, 1. Pledge of Allegiance f The Council and members of the audience recited the Pledge of h Allegiance. Council Member Alexander joined the meeting. 1 2. The Council considered approval of the minutes of the Regular Session of Oratober 15, 1991 and the Work Session of October 22, f 1991. I Mayor Pro Tom Hopkins asked that the minutes be considered j E separately. i Hopkins motioned, Perry seconded to approve the minutes of October 15, 1991, On roll vote, Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion curried unanimously with Council Member Trent abstaining. 1 t j City of Denton City Council Minutes November 5, 1991 Page 7 j i Perry motioned, Chew seconded to approve the minutes of October. 22, 1991. on roll vote, Trent Faye", Alexander "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion { carried unanimously with Mayor Pro Tem Hopkins abstaining. 3. :ard of the Month Awards This item was pulled from consideration. The Mayor presented a proclamation for "Adopt-A-Spot Month". 4. Citizen Reports A. The Council received a citizen report from Richard 1. Walters regarding City services on Daniel Street. s Mr. Walters stated that there was no police protection in the area and drug dssalers were living next door to him. He had been promised that the police protection would be doubled in the area but that had not happened as of yet. He did not feel safe in his neighborhood. The City had a sewer running through his land which ~a he had given the City an easement for. There were illegal aliens in + his neighborhood. Garbage pickup was erratic. He paid taxes and should receive services. He asked the Council to help the neighborhood. i~ Mayor Castleberry thanked Mr. Walters for his comments and stated that the City Manager would check into his concerns and would reply to those concerns. j B. The Council received a citizen report from Artist Thornton regarding a Police Review Board. Mr. Thornton stated that he was concerned for many others in the City of Denton and a concern which was affecting the students. He was asking for a Police Review Board. The Board would be made of members appointed by the Council and would not receive any compensation. The purpose of the Board would be to listen to the citizens and make recommendations from the citizens complaints to the City Manager. The Board was to exist to enable citizens to speak to a Board and explain complaints or the situation that j needed to be reviewed. There would be a Technical Committee which would have the power to issue subpoenas. The Board would listen to a complaint and would vote on whether or not to issue a subpoena. If the vote was to issue a subpoena, the Technical committee would process the subpoena. If the Board wanted to issue a subpoena but the Technical Committee did not feel there was a need for a subpoena, the Board could come to the Council and ask for a a City of Denton city council Minutes November 5, 1991 Page 8 subpoena. The Board would not be a threat to the city offwacisa a swin Denton nor was it a threat to the police Department. for the citizens to address a Board other than the City police and the Internal Affairs. There were many complaints not processed as the citizens felt uncomfortable having to use the Internal Affairs Division which was a part of the Police. Department. He requested f a public hearing at the next council meeting regarding this issue and a city ordinance. E 5. Public Hearings e A. The Council held a public hearing and considered an ordinance amending the sign ordinaance. (The Planning and Zoning i Commission recommended approval 5-1 at its meeting of October 23, 1991.) Frank Robbins, Executive Director for Planning, stated that there were two provisions recommended in the ordinance, a temporary use 3 permit and new variance criteria. Nonconforming signs could be altered with a temporary use permit, so long as the sign become no more non-conforming, until January 11 1996. All temporary use permits would expire on January 1, 1996. No more temporary use permits would be issued after January 1, 1996. The temporary use permit would be renewed annually. Guarantee of removal of the sign or making it conforming would be required in the form of a bond payable to the City or a cash deposit. A permit to alter the sign, called a work permit, as with all signs, would be required. The altered sign must make use of the existing supporting structure. I' The property owner would be required to remove the sign within 30 days of expiration of the annual permit, if not renewed, or January it 1996. The temporary use permit fee would be $35 for a transfer fee and $5 for the work permit. All legally non-conforming signs were grandfathere.d. The first two variance criteria would be replaced with the following wording "literal compliance with the sign regulations would cause an unnecessary hardship because the property had a unique condition or feature that was not generally common to other properties". i The Mayor opened the public hearing No one spoke in favor. Joe Dodd.felt that the temporary amendments were not the remedy and was only a cosmetic solution. The sign ordinance had been the additional killing factor which had raised homeowner's tax rates, kept some new businesses from opening, had eliminated real jobs in surviving shops and had killed marginally successful operations. The original ordinance was an effort to put one man out of business i Yc: d.a•U? II 1 City of Denton City Council Minutes November 5, 1991 page 9 and to outlaw tacky neighborhood signs. He felt that business owners did not need the city's permission to advertise their business. He stated that on December 2nd he would file a petition for an initiative and on December 7th a drive would begin to collect the less than 900 signatures needed to put the question of 1 the sign ordinance before the citizens of Denton. The new ordinance would restore business rights. The proposed ordinance would read " for six months, from the enactment of this ordinance, there shall be no inhibitions by the City of Denton against commercial signage on private property. All previous such ordinances shall be null and void". Chuck Fremaux stated that according to the current ordinance, the sign on his business, which was in code when it was erected, was j now no longer in code as he wanted to change the logo on the sign. He felt the proposed amendments to the ordinance would not be worth a his time or any other small business owner's money or time to put up for a four year period. He felt four years was not fair. He felt the annual permit was merely a sign tax and the sign ordinance { discouraged business in Denton. If the sign was in code when it was put up, why would it have to be taken down if the only change to it was a change of its face. ;I Council Member Trent stated that there would be a four year period in order to change the signs. Fremaux replied that that was not enough time. Four years was not acceptable. His sign was in compliance when originally erected and as he was only changing the paint on the sign, why would it still not be in compliance. According to the current ordinance, the sign 28' high was now too high and should be 20' high. City Manager Harrell stated that with the current ordinance, before a change could be made to the face of a sign, it would have to conform to the provisions of the ordinance. With the provisions of the amendments, the current sign would be used for four years before it would have to conform to the sign ordinance. If the amendments were not passed, Fremaux could not use the current sign j at all. li Fremaux replied that the original ordinance and the proposed amendments were not acceptable. The Mayor +~losed the public hearing. Council Member Trent stated that the back-up materials indicated that all legally non-conforming signs would be grandfathered. If one of the goals of the City was beautification, why were there 1 City of Denton City Council Minutes November 5, 1991 Page 10 f I signs grandfathered, That would not allow the City to reach its ti goal. Robbins replied that it related to the options available. There was no legal way to take all the signage without paying for the signs and there was no longer an amortization program. if a sign was new and there were a change of materials that carried a message, then there would have to be a new sign and that sign would have to conform. j Council Member Trent asked how many signs would still be non i conforming but which would be grandfathered. E~ Robbins replied hundreds. Council Member Trent stated that only a small percentage would be 11 impacted of the sign conmunity. I Robbins replied that on an annual basis, that would be correct, + However, over time there would be positive effects, Council Member Perry stated that there were triggers which would eventually take out most of the non-conforming signs even the grandfathered signs, in time. Robbins replied correct. Council Member Perry asked what the triggers were'for making a non- conforming sign, conforming. I Robbins replied that the sign might be abandoned, it no longer s applied to the business it was advertising or the face was gone with only the supporting structure left. If the sign were damaged more than 60$ of its value, it could not be replaced. If the sign were altered, such as the material which held the sign or a face change, then it would have to conform. ? The following ordinance was considered: k i City of Denton city council minutes November 5, 1991 lr Page li I 91-156 ' AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE SIGN REGULATIONS OF CHAPTER 33 OF THE CODE OF ORDINANCES TO ALLOW THE TEMPORARY USE OF A SIGN THAT REPLACES OR ALTERS A NONCONFORMING GROUND SIGN) PROVIDING FOR PERMIT PROCEDURES AND ALLOWING AMENDING I SIGN E BOARD CRITERIA REQUIRING A SECURITY VARIANCE S AND COMPLIANCE1 FOR RECEIVING OF APPEALS TO IMPOSE CONDITION] PROVIDING FOR A MAXIMUM PENALTY I I OF $2000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. i } Ct,ancil Member Perry motioned to adopt the ordinance with the fallowing amendment - strike Sections I, II, III and IV from the proposed amendments and start with Section V. After a great deal of study, discussion and thought, a sign ordinance was adopted two years ago. The ordinance was designed to put some kinds of received controls on signs. Par the original Much input had been i ordinance. A number of businesses had complied with the ordinance. His motion would allow a continuation of the appeals process with some variances. There would be a process for a businessman to I approach the Appeals Board and request relief. It allowed the I current process to continue. There were plans in the capital i improvements program to widen University Drive and put the utilities underground. He felt that if the ordinance were kept in place and the appeal process used, the process might increased. Council Member Alexander seconded the motion. Mayor Pro Tem Hopkins stated that she generally followed the recommendations of the recommending Board as they had spent many additional hours on issues. She did not see a reason to change that philosophy in this case. The biggest problem with the sign ordinance was the face change problem. The Planning and Zoning Commission had many discussion regarding this issue and voted 6-1 to recommend the amendments. A look at the current economy was needed. She could not vote to take out the sign face change. Council Member Trent questioned if the ordinance needed to be postponed in order to look at both Council Member Perry's concerns and Mayor Pro Tem Hopkins' concerns. Mayor Castleberry stated that the motion as proposed by council Member Perry did not alleviate the problem with the Appeals Board. The original ordinance put too much pressure on businesses and was unfair to new businesses. Council Member chew agreed and felt that the amendments would put d (tie . n&ra 4!~ F City of Denton City Council Minutes November 51 1991 Page 12 the ordinance to rest recommendations bythe.Planning l and zoning nCommission, accept the Council Member Smith felt that more input was needed. She felt the bonding and permitting needed more study and felt that perhaps a work session on the changes was in order to perhaps work out a ti compromise. Council Member Alexander stated that the community had spoken. He felt that the sign ordinance had created difficulties but that the i advantages and disadvantages needed to be weighed. There had been a long and careful consideration by all of the various groups within the city with ample opportunity for input plus several ! public hearings. The decision to pass the original ordinanceswas a careful reading of the -mi of j, a good decision. He felt that 1 the Planning and Zoning commission revealed a feeling that some of the members felt the Council wantad a revision and so they made i one. If the beautification program was to be taken seriously, the i amendment as proposed by Council Member Perry needed to be passed. The proposed ordinance was unfair to the businesses which had already complied with the ordinance. Council Member Perry stated that the first four sections of thu proposed ordinance stopped the process already in motion. perhaps a Council Member Trent felt that Council Member Perry's motion was studied enough. on roll vote, Trent "nay", Alexander "aye", Hopkins "nay", Smith "aye+l, Chew "nay", Perry "aye", and Mayor Castleberry "nay". Motion failed with a 4-3 vote. Chew motioned, Hopkins seconded to adopt the ordinance as presented. ' Council Member Alexander stated that he would vote for the portions # of the amendment which related to the changes of variance 4 procedures. He could not vote for the changes relevant to extending a four year period. i Council Member Trent stated again that perhaps the ordinance needed to be studied further and perhaps needed to go to a conference 1 committee for further analysis. Council Members Perry and smith agreed. t City of Denton City Council Minutes Noveii ber 5, 1991 Page 13 On roll vote of the main motion, Trent "aye", Alexander "nay", Hopkins "aye", Smith "nay", chew "a1c"; Perry "nay", and Mayor Castleberry "aye". Motion carried with a 4-3 vote. B. The Council held a public hearing to consider alternative plans for adjusting voting district boundaries and gave staff direction with regards to preparing an ordinance, Harry Persuad, Senior Planner, stated that there were five plans originally presented. Options A and E had considerable interest. He presented the changes in district lines for options A and E. Option E had four split county precincts. Total district changes in regards to population was approximately 11,698. The Black f population would total 19,28* and the Hispanic population would total 15.7% which was a greater enhancement in terms of minority j voting strength. { Council member chow pointed out that while District one was enhanced with minority population but it was diluted in the other areas, Persuad continued that option A showed the minimum amount of changes for voters. There were five split county precincts. He indicated to Council the changes in district lines. Total district changes in regards to population was approximately 2,159. The Black population had a 16.56% in District One and a 12.92% of h Hispanic population in District One. 4 The Mayor opened the public hearing. Winn Walton stated that there were three primary criteria mandated by law which must be followed in municipal redistricting. They were (1) the districts must be about the same size (2) 'revery effort" must be made to enhance the voting strength of minority groups, and (3) the district lines must be drawn "as far as I possible" following the county precinct boundaries. Plan E showed the greatest amount of minority enhancement with 19%. Plan A showed 10 and the current plan was a little less than that figure. The primary concern of the students was that they were split into three different districts. They would like to have all the students in one district so that they could be represented on the Council. Plan E did move more people than Plan A did but sometimes that was necessary in order to make things better. Plan E met the criteria required by law better than any other plan. Council Member Trent asked Walton how many student districts were the same in Plan B. k City of Denton city council minutes November 5, 1991 Page 14 Walton replied that Plan B moved the boundaries even more and split the students even more. i } Council Member Alexander stated that there was a high percentage of University of North Texas student population which lived all over Denton and by concentrating a boundary line in and around the campus, was there really an increase in the percentage of student voters within that district in a significant way. Walton replied that he underkitood that roughly 70$ of Precinct 410 was between the ages of 20-30. The students were highly concentrated on the campus. Bill Miller presented overheads on levels of voter concentration in the various precincts, the percent: of people between the agen of 18-24 who were registered to vote in the precincts, the $ of voters 25-30 who were registered to vote in the precincts, and the * of i registered voters under 30 years old. He Belt the students and minorities would be better served if they were more unified rather f than split. Commuter students made up 13,000 of the total 27,000 student body population. Most students lived near the campus and he encouraged the Council to unify the campus area. Carl Young supported Plan E. He felt that a 6-1 plan was the best for the City but c.upported Plan E as an option. He felt that a 6-1 plan would put Denton closer to the people and reduce the expense of the Council. Plan A violated the spirit of the Voting Rights Act. Minorities did not have fair representation with Plan A as it diluted the voting strength for minorities. Plan E could be adopted for a year and then hold a charter election for a revision of the districts to a 6-1 plan. He stated that if the Council adopted Plan A he would file a suit for a 6-1 plan. E Michael Alves spoke in support of Plan E. He felt a 6-1 system was better but that Plan E was a good compromise. He had experienced problems with the City which started out as minor problems and now were larger. He felt those problems were due to the fact of his { age and the fact that he lived near the campus. If the students had their own council member, they would be more likely to vote. Council Member Perry stated that he and all of the Council Members took very seriously their responsibility to represent each citizen even when from a single member district. Every voter was involved in the election of at least three members of the Council, Every voter voted for the Mayor, for the at-large members and for the singlo member representative. 1 City of Denton City Council Minutes November 5, 1991 Page 15 Alves disagreed that at times there were three different representatives for a single student. Christopher Jones stated that he was in favor of Plan E as it fulfilled the two main requirements set out by the Justice Department. It enhanced minority voting ensuring minority representation existed on the Council and out across the fewest number of districts, He did not feel that argument that Plan E moved too many people was valid as it was the right thing to do. students were one of the major sources of revenue for the City. However, they were forced under the current system and the proposed Plan A to try and balance with three Council Members. Another i concern voiced was that students were not permanent residents. He felt that was not valid as this was similar to other areas where residents only stayed in an area for three years. He polled students at the University and the majority felt that the Council i did not represent them. ' Mariah Boone stated that Plan E gave voting power to minorities and students. students provided a lot of volunteer work io the community. Plan E was an adequate compromise for a 6-1 plan. Frank Davila, representing LULAC, felt that there was not enough Hispanic representation in government and that they should not be divided into several districts. Voting strength would be achieved if Hispanics were strong in one district. Under the current plan, Hispanics were not adequately represented on the City's Boards and Commissions. He felt a 6-1 plan would broaden the understanding of the Boards and Commissions and that no particular district would be represented by two votes. He urged the council to consider a Charter amendment for a 6-1 plan. David Claibourne stated that Kerr Hall favored Plan E and urged the Council to consider that plan. Douglas Garay stated percentage-wise, there were more students who voted in a campus election than individuals who voted in the City r election. The government was facing a chronic battle of low voter j percentages. The studeats were wanting to change that and were making an effort. option E would give the students a chance to i lead the way in the voting. Joe Dodd stated the Council should consider the candidates for public office in Denton. There was no identity in the current districts as they were now divided. option E would allow for an identity within the districts. T r T :i a City of Denton City Council Minutes November 5, 1991 Page 16 f Seth Persful felt that Plan E would be fairer and more equitable. Plan A would not be fair or equitable as it promoted status quo stagnation. Four out of seven Council people currently lived within one mile of each other. He felt that proved the necessity for redistricting. Plan E would provide student unification. The city had a moral obligation to make voting easier. Plan E offered students, theyi hadi a .veryW valid voice kingthe community and ©that needed to be unified. Chris Turner felt that there was a need to promote a sense of duty and involvement among young people. They needed to be brought into the decision making process. currently there was a lot of voter I apathy. Young people should have the right to make a difference r which was countered by not allowing student representation. He requested the Council consider Plan E. r castudents mpus. She r supported divided. Plan They needed to ! Karen kas w they upset were on that be united j Sarah Baer believed in a cooperative effort. She did not feel she was a transitory person in the community nor was anyone who attended community efforts in Denton. She was She in had favor worked vely of North Texas. ofePlans E with . Brian Bennett stated that 1,867 students went to the polls for a homecoming etction to show participation for referendum items and for student assembly members. Last spring, 1,000 people voted in resident hall elections. other major college cities such as Port Arthur, Beaumont, Bryan, College Station and Nacogdoches had some type of student representation on their city councils. That same type of representation was needed in Denton. council Member Perry asked what type of representation Bryan and College Station had for students. Bennett replied that some of the cities had a non-voting seat and some had A voting representative. Steve Zarella felt that if the campus were united, there would be one place to vote, would be less confusing and have more registration n was increasing and they n3des participation.Student Trent Tice felt that Denton and the University of North Texas could co-exist to benefit both Denton and the University. This was not possible if the University was divided into three different districts. Denton was growing as was TWU and UNT. This was a pro'' r:s,t.:..•, City of Denton City Council Minutes November 5, 1991 Page 17 unique opportunity to enhance the minority population and the voice l of the student body. He urged the Council to adopt Plan E. r Carol Contee felt that the majority of the Council was in favor of Plan A as it was the easiest to be implemented. There would be less changing of lines and less work to be done. Would this be best for the City of Denton and for the minority population. She favored Plan E. A 6-1 plan would not improve the plight of the minorities in Denton and would not guarantee a minority seat. in her opinion, the Hispanics and African-Americans would comprise a combined total of 34.35% in District one which would be the largest percentage out of all options. Tom Thomas stated that a lot of the jndividuals who spoke in favor of Plan E were not speaking on behalf of themselves. They were ; speaking for thousands of students and citizens in Denton. Consumers, future business owners, future Council Members. They were the future of Denton and currently they were denied their, future as they were split into different districts. He preferred a 6-1 plan but Plan E was a good compromise. Curtis Ramsey felt that the Council had seen and heard some cf the 'scream of the crop" of the educational system taking their proper I responsibility as citizens of Denton. He asked the Council to listen carefully to them. The Mayor closed the public hearing. Council continued with a discussion of the boundaries of the various districts in Plan E, the boundaries of districts in Plan A and the differences between Plans A and E. Persuad stated that the current schedule was to hold an additional public hearing at the November 19 Council meeting and consider i adoption of an ordinance for a particular plan to be submitted to I the Justice Department. The Justice Department had sixty days to respond to the cityfs request. The time frame was important as a change in district boundaries might possible affect a candidate filing for office. i City Manager Harrell indicated that staff was needing direction on which Plan the Council preferred so that an ordinance could be k drafted. It would be possible for several ordinances to be prepared if the Council desired. S Ie ,ti • tea,,n„t 4 City of Denton City Council Minutes November 5, 1991 Page 18 Alexander motioned, Chew seconded to direct staff to prepare an ordinance for Plan A and Plan E for Council consideration. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye", Motion j carried unanimously. j 6. Consent Agenda Council Member Trent asked that Item 6.A.1. be pulled for discussion. Hopkins motioned, Chew seconded to approve the consent Agenda with the exception of Item 6.A.1. On roll vote, Trent "aye", Alexander I "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and k 3 Mayor Castleberry "aye". Motion carried unanimously. ? A. Bids and Purchase Orders: 2. Bid ;1287 - Precast wall construction for Airport substation 3. Bid 41288 - Oriole Street Paving 4. Bid 01292 - Cleaning of Anaerobic Digester 5. PO 420243 - J. S. Equipment service Council Member Trent asked if the City would be the purchaser of the proposed equipment or would it be purchased by a third party. City Manager Harrell replied that the purchase would be a lease purchase but that the city would be the contractor. If approved, the Council would be accepting the low bid for the items. The prices would be valid for six months which would allow time to adjust quantities. It was being investigated if someone would want to sell the City used equipment. Council Member Trent was concerned with the possible suit filed by Texas Waste Management. Mayor Pro Tem Hopkins stated that no one knew how long a possible , suit might be in court. The City should go forward with the decision Council made previously and not allow that to keep the City from doing business. Council Member Trent asked how the purchase of the equipment affected the projected profits. 5 1 1 ttyyR$~~J,. RV:.c$T.y! City of Denton City Council Minutes November 5, 1991 Page 19 f 1 City Manager Harrell stated that the purchase had been figured into j the numbers. in order to keep on :schedule, the City needed to keep on track with the necessary purchases. 4 Council Member Alexander stated that he recognized the concerns expressed by Council Member Trent but that the council needed to focus on not allowing a threat to change the City's policy. Alexander motioned, Smith seconded to approve Consent Agenda Item ! 6.A.1. 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. E A. Bids and Purchase Orders: 1. Bid 01286 - Refuse Equipment i 7. Ordinances A. The Council considered adoption of an ordinance accepting a competitive sealed proposal and awarding a contract for purchase s' of materials, equipment, supplies or services. (6.A.1. - Bid #1286) The following ordinance was considered: 91-157 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. f Chew motioned, Hopkins seconded to adopt the ordinance. on roll vote, Trent "aye", Alexander "aye", Hopkins "ayes', Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye'#. Motion carried unanimously. B. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. (6.A.2. - Bid 01287, 6-A.3. - Bid 11288, 6.A.4. - Bid 01292) f The following ordinance was considered: s w t i City of Denton City Council Minutes November 5, 1991 Pago 20 i i i 91-158 i AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE, Perry motioned, Smith seconded to adopt the ordinance. On rail vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith 10aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. E C. The Council considered adoption of an ordinance providing j for the expenditure of funds for emergency purchases of materials, equipment, supplies or services in accordance with the provisions of state law exempting such purchases from requirements of competitive bids. (6.A.5, - PO 020243) j The following ordinance was considered: 91-159 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR f SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING FOR AN EFFECTIVE DATE. Chew motioned, Hopkins seconded to adopt the ordinance, on roll vote, Trent "aye", Alexander tlaye", Hopkins "aye11, Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. i I D. The council considered adoption of an ordinance approving an agreement between the city of Denton and Denton County Friends 1 of the Family] authorizing the Mayor to execute the agreement; and approving the expenditure of funds therefor. City Manager Harrell stated that Items D, E, F, G, H, I and J were formal contracts which implemented budgetary decisions that the Council made to enter into with social service agencies either with General Fund dollars or Community Development Block Grant dollars, The fallowing ordinance was considered: 81, >1 i ktil'i?'P 3 II City of Denton city council Minutes November 5, 1991 Page 21 91-160 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FRIENDS OF THE FAMILY; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. Chew 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. E. The Council. considered adoption of an ordinance approving j an agreement between the City of Denton and Services Program for Aging Needs, Incorporated; authorizing the Mayor to execute the agreement; and approving the expenditure of funds therefor. Council Member Chew left the meeting. R , 4 Mayor Castleberry stated that Council Member Chew was on the SPAN fi Board and therefor had to leave the meeting for this ordinance. The following ordinance was considered: ' 91-161 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND SERVICES PROGRAM FOR AGING NEEDS, INCORPORATED; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF FU14DS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Hopkins seconded to adopt the ordinance. On roll vote, Trent "ayer', Alexander "aye", Hopkins "aye", Smith "aye's, Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Council Member Chew returned to the meeting. F. The council considered adoption of an ordinance approving a funding agreement between the City of Denton and Fred Moore Child Care Center; authorizing the Mayor to execute the agreement; and approving the expenditure of funds therefor. The following ordinance was considered: I f(~ 4 City of Denton City Council Minutes November 5, 1991 Page 22 i I~ 91-162 AN ORDINANCE APPROVING A FUNDING AGREEMENT BETWEEN THE CITY OF DENTON AND FRED MOORE CHILD CARE CENTER; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. Perry 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 t carried unanimously. t , i G. The Council considered adoption of an ordinance approving an agreement between the City of Denton and Denton City-County Day Nursery; authorizing the Mayor to execute the agreement) and approving the expenditure of funds therefor. The following ordinance was considered: 91-163 i AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON CITY-COUNTY DAY NURSERY; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Smith seconded to adopt the ordinance. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye'$, I Chew "aye", Perry "aye", and Mayor Castleberry "aye", Motion carried unanimously. r H. The Council considered aJcotion of an ordinance approving an agreement between the City of Denton and Community Clinics for Denton County; authorizing the Mayor to execute the agreement; and approving the expenditure of funds therefor. The following ordinance was considered: 91-164 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE COMMUNITY CLINICS FOR DENTON COUNTY; AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. i City of Denton City council Minutes November 5, 1991 Page 23 ` Hopkins motioned, Perry 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 k carried unanimously. E' I. The council considered adoption of an ordinance approving an agreement between the City of Denton and the Denton Housing Authority to provide funding to TWU Cares, a primary health care clinic; authorizing the Mayor to execute the agreement; and approving the expenditure of funds therefor. i The following ordinance was considered; 1 91-165 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON HOUSING AUTHORITY TO PROVIDE FUNDING TO TWU CARES, I A PRIMARY HEALTH CARE CLINIC; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING FOR AN EFFECTIVE DATE. Chew motioned, Smith seconded to adopt the ordinance. On roll vote, Trent "aye", Alexander "aye", Hopkins 10aye'0, Smith "aye", Chew "aye", Perry "ays", and Mayor Castleberry "aye". Motion carried unanimously. J. The Council considered adoption of an ordinance approving an agreement between the City of Denton and Hope, Inc, to provide assistance for the homeless; authorizing the Mayor to execute the agreement; and approving the expenditure of funds therefor. The following ordinance was considered: r } 91-166 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND HOPE, INC. TO PROVIDE ASSISTANCE FOR THE HOMELESS; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE FOR FUNDS THEREFOR; AND PROVIDE FOR AN EFFECTIVE DATE. .Hopkins motioned, Chew seconded to adopt the ordinance. On roll vote, Trent 11aye4t, Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. K. The Council considered adoption of an ordinance amending Chapter 4, "Alarm Systems", of the Code of Ordinances of the City i~ it f City of Denton City Council Minutes November 5, 1991 Page 24 i of Denton providing for definitions, providing for apartment complex owners to be responsible for apartment unit violations, j providing for termination of alarm system permit; providing for a service charge for false burglar alarms; and providing for a i penalty in the maximum of $500 for violations thereof. City Manager Harr©11 stated that the proposed ordinance would bring the City ordinance into compliance with a recently passed State law. The following ordinance was considered: 91-167 I AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 4, "ALARM SYSTEMS", OF THE CODE OF ORDINANCES OF THE CITY OF DENTON PROVIDING FOR DEFINITIONS, PROVIDING FOR APARTMENT COMPLEX OWNERS TO BE RESPONSIBLE FOR APARTMENT UNIT VIOLATIONS, PROVIDING OR TERMINATION OF ALARM SYSTEM PERMIT; PROVIDING FOR A SERVICE CHARGE FOR FALSE BURGLAR ALARM'S; PROVIDING FOR A PENALTY IN THE MAXIMUM OF $500 FOR VIOLATIONS THEREOF; AND PROVIDING FOR All EFFECTIVE DATE. iHopkins 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 carried unanimously. L. The Council considered adoption of an ordinance ascending Section 34-115 (C) (4) of the Code of Ordinances providing for the i Citizens Traffic Safety Support commission to have final authority j over appeals and variances involving parking lot/driveway permits, ! (The Planning and Zoning Commission and the Citizens Traffic Safety Support Commission recommended approval.) Jerry Clark, City Engineer, stated that staff had received input from the Citizens Traffic safety support commission which wanted their decisions to have more effect. Persons in development process want a shorter more concise variance process for driveways and parking lots. The ordinance would shorten the development process by reducing the number of Commissions that the variance would be considered by. Council. Member Trent asked 11 an individual appealed the decision of the Commission to Council, what the fee would be to do so. Clark replied that at this time, there was no fee. one may be implemented in the future if necessary. s r City of Denton City Council Minutes November 5, 1991 Page 25 The following ordinance was considered: 91-168 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SECTION 34-115 (C) (4) OF THE CODE OF ORDINANCES PROVIDING FOR THE CITIZENS TRAFFIC SUPPORT COMMISSION TO HAVE FINAL AUTHORITY AND PROVIDARIANFOR C AN I EFFECTIVE DING LOT/DRIVEWAY OVER APPEALS AND PERMITS; E Trent motioned, Perry seconded to adopt the ordinance. On roll Smith "aye", vote, Trent "aye", Alexander "aye", Hopkins aye f a Motion Chew "aye", Perry "aye", and Mayor Castleberry "ay l carried unanimously. M. The Council considered adoption of an ordinance accepting competitive bids and providing health the award insuran a c ntrac s forpthe purchase of employee group to a American Life Insurance Company. City Manager Harrell stated that the proposed ordinance tracked the presentation made two weeks ago to Council. The following ordinance was considered: 91-169 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACT FOR THE PURCHASE OF EMPLOYEE GROUP HEALTH I INSURANCE TO PHILADELPHIA AMERICAN LIFE INSURANCE COMPANY) PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOREI AND J PROVIDING FOR AN EFFECTIVE DATE. s Chew motioned to adopt the ordinance. Perry seconded with a suggestion for a wording change for the background information. He requested the wording be changed to "and Z ther li council member d mental health practitioners on page 3, paragraph roll vote, Trent "aye", agreed with the change of wording. Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. N. The council considered adoption of an ordinance amending an agreement between the City of Denton and Sanus Texas Health Plan, Inc. to extend the contract by one month, to provide for revised fees for that month, and to provide for termination. .I ll 1 City of Denton City Council Minutes November 5, 1991 Page 26 The following ordinance was considered: c 91-170 I AN ORDINANCE AMENDING AN AGREEMENT BETWEEN THE CITY OF DENTON j AND SANUS TEXAS HEALTH PLAN, INC. TO EXTEND THE CONTRACT BY ONE MONTH, TO PROVIDE FOR REVISED FEES FOR THAT MONTH, AND TO PROVIDE FOR TERMINATION; AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins 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. 0. The council considered adoption of an ordinance authorizing the Mayor to execute an agreement between the city of [ Denton and Coopers & Lybrand, Inc. relating to professional ( consulting services for implementing the city's Employee Health Insurance Program. 91-171 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND COOPERS & LYBRAND, INC. Ri:LATING TO PROFESSIONAL CONSULTING SERVICES FOR IMPLEMENTING THE CITY'S EMPLOYEE HEALTH INSURANCE PROGRAM, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORtj AND PROVIDING AN EFFECTIVE DATE. Hopkins motioned, Perry seconded to adopt the ordinance. on roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye10, and Mayor Castleberry "aye". Motion carried unanimously. P. The Council considered adoption of an ordinance j authorizing the Mayor to execute an interlocal agreement between the City of Denton and the City of Garland for the purchase of four remote terminal S.C.A.D.A. units. (The Public Utilities Board recommended approval.) Lloyd Harrell, City Manager, stated that the City and other Texas Municipal Power Pool members had agreed to arrangements with the Brazos system for dispatching and electrical power interchange scheduling. The TMPP Pool Committee also agreed that Pool members should be responsible for the purchase of the remote terminal units required for their respective systems. The City of Garland received the best prices per RTU available. The City of Denton and i EY l'. City of Denton City Council Minutes November 5, 1991 Page 27 the City of Greenville had opted to purchase their required units through Garland. The following ordinance was consideredr 91-172 { AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF GARLAND FOR THE PURCHASE OF FOUR (4) REMOTE TERMINAL S.C.A.D.A. UNITS; AND PROVIDING FOR AN EFFECTIVE DATE. Perry 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's. Motion carried unanimously. Q. The council considered adoption of an ordinance approving a compromise settlement and release agreement with Fernando Martinez. The following ordinance was considered: 91-173 AN ORDINANCE OF THE CITY OF DENTON, APPROVING A COMPROMISE SETTLEMENT AND RELEASE AGREEMENT WITH FERNANDO MARTINEZ; AND PROVIDING FOR AN EFFECTIVE DATE. Alexander 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 carried unanimously. R. The Council considered adoption of an ordinance approving the purchase of a utility easement from Patsy L. Hutton and authorizing expenditure of funds. Dave Ham, Manager of Construction Projects, stated that the easement was in conjunction with the purchase for water transmission line to the new water plant on Hartlee Road. 1 Mayor Pro Tem Hopkins questioned the fact that the notary public ! who notarized the document had the same last name as Ms. Hutton. Were they related and was that a properly notarized signature. City Manager Harrell indicated that staff would investigate the signature and would pull the item from consideration at this time. r T T F~ I City of Denton City Council Minutes November 5, 1991 Page 28 S. The Council considered adoption of an ordinance amending ? Chapter 20 of the Code of Ordinances to create a duty to keep sidewalks, parkways and alleyways clean; providing for abatement by the City for failure to comply; and providing for a penalty in the maximum amount of $500 for violation thereof, 1 City Manager Harrell indicated that this item was left out inadvertently when the Code was recodified. This ordinance would restore the previous ordinance. E Mayor Pro Tem Hopkins asked if the proposed ordinance changed any previous provisions. ' City Manager Harrell replied no. It was exactly what was in the previous code Book. City Attorney Drayovitch stated that it was what was in before. The codifiers thought it was covered by another section and in trying to streamline the Code, deleted it. However, it was discovered that it was Beautification's enforcement proceedings. Council Member Trent stated that it did not transfer any liability from the City to another party. City Attorney Drayovitch stated that it would be the homeowner's responsibility to keep the sidewalks clean. Council Member Trent asked that if the city made a homeowner put in a sidewalk and someone slipped on that sidewalk, who would be liable. City Attorney Drayovitch replied it depended on the facts, it would be either or both. ( The following ordinance was considered: { 91-274 { AN ORDINANCE OF THE CITY OF DENTON AMENDING CHAPTER 20 OF THE CODE OR ORDINANCES OF THE CITY OF DENTON, TEXAS TO CREATE A DUTY TO KEEP SIDEWALKS, PARKWAYS AND ALLEYWAYS CLEAN; PROVIDING FOR ABATEMENT BY THE CITY FOR FAILURE TO COMPLY; i PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $500 FOR VIOLATION THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. City of Denton city council minutes November 5, 1991 Page 29 Alexander motioned, chew seconded to adopt the ordinance. On roil vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 8. Resolutions t ` i A. The Council considered approval of a resolution casting votes for membership to the Board of Directors of the Denton Central Appraisal District. John McGrane, Executive Director for Finance, stated that this resolution would cast the City of Denton's 407 votes out of a possible 5,000 of all of the jurisdictions for one or more of the Board positions for the Denton Central Appraisal District. At a prior meeting, the City nominated Horace Brock. The School District had also joined that nomination. The Mayor and he had attended a meeting with a majority of the School District l representatives who had indicated that both entities should cast their votes for a single nominee. t The following resolution was considered: { R91-066 f A RESOLUTION CASTING VOTES FOR MEMBERSHIP TO THE BOARD OF DIRECTORS OF THE DENTON CENTRAL APPRAISAL DISTRICT] AND DECLARING AN EFFECTIVE DATE. Alexander motioned, Chew seconded to cast all 407 votes for Horace Brock. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 3 B. The Council considered approval of a resolution to allow the State of Texas to reimburse the City for signal maintenance. Jerry Clark, City Engineer, stated that the City currently maintained all signals in the City. This resolution would, allow the state to reimburse the City for signals which were on the frontage roads, on controlled access highways and would net the City approximately $6,900 of revenue for maintenance and $6,055 for power costs. The following resolution was considered: I S Ei ~j I` City of Denton City Council Minutes - November 5, 1991 i Page 30 R91-067 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE INSTALLATION AND REIMBURSEMENT FOR THE OPERATION AND MAINTENANCE OF TRAFFIC SIGNALS; AND PROVIDING I FOR AN EFFECTIVE DATE. Trent motioned, Chew 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. l C. The council considered approval of a resolution authorizing the City Manager to execute a lease agreement between the City of Denton and Ernest and Lewis Trietsch for property located at the City of Denton Municipal Airport. Rick Svehla, Deputy City Manager, stated that this was a continuation of a present lease. The following resolution was considered: R91-068 t` A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF DENTON AND ERNEST AND LEWIS TRIETSCH FOR PROPERTY LOCATED AT THE CITY OF DENTON MUNICIPAL AIRPORT, DENTON, TEXAS AND PROVIDING FOR AN EFFECTIVE DATE. . j Hopkins motioned, Trent seconded to approve the resolution. On roll vote, Trent "aye", Alexander "aye", Hopkins 10aye+l, smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". t Motion carried unanimously. 9. Miscellaneous matters from the City Manager. A. The Council considered a request from Curtis Ramsey regarding a letter of support from the city council to the Justice Department regarding the redistricting of Denton and authorizing the Mayor to forward such a letter of support. City Manager Harrell stated that Mr. Ramsey had written the City a letter requesting a letter of support from the council to the Justice Department expressing the City's conaarns regarding the State Legislative House Districts adopted by the last session of the Legislature. A copy of the letter authorized by the Council for the Mayor to send to the Governor had been included. i K City of Denton city council minutes November 5, 1991 Page 31 Council discussed whether it would be proper to lobby the Justice Department, what effect such a letter would have and if the city still had the support of the Chamber and other groups as indicated in the previous letter. Hopkins motioned to write a letter under the Mayor's signature quoting the views already agreed on such as the split of the city i three ways, the split of the Universities, etc. City Attorney Drayovitch suggested that before the terms of the letter were defined, a review should be made of other letters sent by LULAC and NAACP. Hopkins included in her motion that the letter be reviewed by ` Council at the next meeting. I Alexander seconded the motion. On roll vote, Trent "aye", Alexander "aye", Hopkins "ayell, Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously, { B. The Council received a report regarding flooding difficulties experienced in the City this week. Deputy City Manager svehla stated that the most significant problem with flooding dealt with a bridge over Cooper Creek on Mayhill Road. Half of the bridge was in the City limits and half was in the County. He had spoken with Commissioner Cole and Dennis Burns, Director of Public Works for Denton County, about the bridge. They seemed agreeable to a joint project and suggested that the city write the county a formal letter suggesting that they pursue a joint funding agreement. The cost of this type of a bridge would be approximately $50,000. The damage to the bridge required that it be replaced. It could not just be repaired. consensus of the Council was to proceed with the joint County agreement. 10. There was no official action taken on Executive session items during the Work Session Executive Session. 11. New Business The following items were suggested by Council Members for future agendass i 4 City of Denton City Council Minutes November 5, 1991 Page 32 A. Council Member Trent stated that he had found out that if the City of Denton were willing to move in the direction of a K-9 unit, there were certain individuals who would be wllin finance such an operation. He requested the Manager looklinto such a program. f ` donCity At intthatyarea ndt that a ted legaltresome port would had already been follow, B. Council Member Smith presented an update regarding the Neptune street residents and the Loop 288 ro ect. She stated that Rick Svehla, Dr. Perry, a representative of the Highway Department and she had met with the neighbors and had a ver meeting. A plan for the wall had been y Productive that the steps for the wall building would proceed. Lots of good ; communication had taken place, presented. It was decided 12. The Council did not meet in Executive Session during the Regular session. ` With no further business, the meeting was adjourned at 11;22 P.m. i i BOB CASTLEBERRY, MAYOR CITY OF DENTON, TEXAS J'E IN FN ER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS ACC00012 s } 1 1 Rkk.kkkAk**#*A*R***AR*icA*Rk***k#Rk#*Akkk Rk**A**R*RkR***RR*ARAAAk*kAk*k*AkkAA*Akk#Rk ' WERE UNDERSIGNED ADULT (18 YRS OR OLDE13 CITIZENS OF DISTRICT 4 1 CITY OF llENTON STATE OF TEXAS, DO HEREBY RESPECTFULLY ENDORSE CARL GENE YOUNG FOR CITY COUNCIL. WE 'SUPPORT HIS ELECTION EFFORTS, SUBSCRIBE TO III5 "TEN POINT PLAN", AND ARE PLEASE TO ALLOW THE USE. OF OUR NAMES IN A POLITICAL ADVERTISEMEN'T'. `**R*Akk*#**Rk*kkk*R*k ARk*R*#*RAR*Akk*#*RRRRA****kk*RkR***k**AAAA**RRRR#k*#kR*R*RkR I, Street Address -___"====DATE, & Phone No No * signature 2 321 # 301 ~ouih *3FSjo~3` 6 - rv R r Jz_ I2 R ~ ` ~~1 . " ~ Wis. * 13 L39 14 16 17 Al l e " r/ p J J )~7 ff~~ 19 v S 122 VAL CZ 23 * R * z'~a 6 * - # G 24 25 K. ~I 1 J 1. 1 1j ij . SI CANDIDATE FOR DENTON CITY COUNCIL DISTRICT # 1 TEN (IO) POINT PLAN E-OR BETTER CITY GOVERNMENT, REAL ECONOMIC GROWTH, AND MORE CITIZEN PARTICIPATION w 1) REDISTRICT THE CITY TO CREATE A 6-1 PLAN. All council memters to be elected in single member districts with the mayor elected at large. This will bring Denton city government in line with recent Federal Appeals Court decisions and bring the Council closer to the people, This will also reduce the cost of running for City Council, allowing minorities and low-income people a better chance to participate in city government. 21 HOLD THE LINE ON THE CURRENT TAX RATE. Increasingly higher City and School District taxes have lowered property values and decreased the likelihood of industry moving to Denton. This has resulted in sharply reduced economic growth and higher unemployment. 3) REDUCE WASTE IN CURRENT CITY BUDGET. Budget hearings and work shops should be geared to decreasing the sire of City government-, and not the protection of jobs 3 I in the management staff. 41 PROMOTE ECONOMIC GROWTH TRRU INCREASED CO-OPERATION WITH THE CHAMBER OF i.' COMMERCE. My predecessor in District 1 has seen fit to discourage the efforts of The Denton Chamber of Commerce. This attitude reduces the employment opportunities available to the minorities and poor people in Denton. I will do every thing possible to encourage the chamber in its efforts to bring additional commerce and industry to Denton to help us carry the existing heavy tax burden. r 5) PROMOTE THE PRIVATIZATION of SERVICES Government should never compete with private enterprise. The present attitude of doing everything with city employees greatly increases the cost: of government and reduces the taxes available for necessary operations. Private enterprise Mays taxes, city operations do not,. j, Possible considerations are driver training, commercial waste collection, residential waste collection, and landfill operations. t 6) REVISE THE SIGN, TREE, AND 7i0NING ORDINANCES. These ordinances are causing ti great hardship to Denton Business and have discouraged economic' growth. f 7) PROMOTE BEAUTIFICATION THRU URBAN RFNEWAL. As much as possible available Federal funds be used to finance true Urban Renewal. We should create Low cost loans to upgrade and build low income housing in depressed areas of Denton. 8) PROMOTE THE MVABLISHMENT QE AA NORTH TEXAS RESEARCH CENTER AT UNT. All possible private and public efforts should be encouraged to help in the creation of this much needed facility. The increased employment created by this Center and the private companies that would locate here will help bring employment to Denton, 9) CREATE A POLICE REVIEW BOARD WITH ENOUGH POWER TO BE EFFECTIVE. Abused of constitutional rights by THE DENTON POLICE are an every day occurrence in SOUTH EAST DENTON, A responsible Review Board would allow a check and balance system to operate and promote better co-operation between the police and SOUTH CAST a DENTON COMMUNITY. 10) INCREASE 1C AWARENESS OF T(IE NEED FOR MINORITY HIRING AND PROMOTION IN THE CITY OF DENTO N. The history of minority employment in Denton City Government is poor at best. Increased awareness promoted by the ELECTCD CITY COUNCIL will help promote minority staffing. ~n, n .e: 11 cl rnt~l Oont.nn Tev;ig 76905 f T T 3 ~je r =1 !f ' ***********kAkA R*R*Rk*Akk**kk*k*kkkR**rt*******A*kAA*kA RRRRR**krt#*RA*k RRA*AAk*AkkRA i WE THE UNDERSIGNED ADULT {18 IRS OR OLDER) CITIZENS OF DISTRICT # I CITY OF DENTON STATE OF TEXAS, DO HEREBY RESPECTFULLY ENDORSE CARL GENE YOUNG FOR CITY COUNCIL. WE SUPPORT HIS ELECTION EFFORTS, SUBSCRIBE TO HIS "TEN POINT PLAN", AND ARE PLEASE TO ALLOW THE USE OF OUR NAMES IN A POLITICAL ADVERTISEMENT. RRk***kRrtk#***R RkR4RRRR kRRkRR*******kAAk**A kkk****kk Rrt**AR*****R*R*kR kkRkiRRRkk R*** caw-aaa~=_=c~ccc==❑==__- _=====c=..n_o_-_._-.-______.__...._.._'_____~___'____. - NO * Signature * Street Address DATE & Phone NO 2 * " R f _ * * -al- r k * ~ 0 341 R 7 kJ k * ~ - 8 6. AA R q~ 13 A A 14 6 tom.,-~~ ~~~~.L• A~=a~..r?.-~.:,~_~' 15 f / j 16 (~2-r ._17 * - ~ Q, Jam, t•ts ~ R_~ 2~~ - ~ 18 19 '0/ 20 /x6Le~ R S, 7~- * R k 21 * R 22 / k R * !an * k 24 25 _5~Y7-t - 7 (LL r; f ~i } CANDIDATE FOR DENTON CITY COUNCIL DIS'TRIC'T # J TEN (10) POINT PLAN FOR BETTER CITY. GOVERNMENT, REAL ECONOMIC GROWTH, AND MORE CITIZEN PARTICIPATION 1) REDISTRICT THE CITY To CREATE A 6-1 PLAN. All council members to be elected in single member districts with the mayor elected at large. This will bring Denton city government in line with recent Federal Appeals Court decisions and bring the Council closer to the pf-ople. This will also reduce the cost of running for City Council, allowing minorities and low-income people a better chance to participate in city government. 2) HOLD THE LINE ON THE CURRENT _TAX RATIi. Increasingly higher City and School District taxes have lowered property values and decreased the likelihood of. industry moving to Denton. This has resulted in sharply reduced economic growth and higher unemployment. 3) REDUCE WASTE IN CURRENT CITY BUDGET. Budget hearings and work shops should be geared to decreasing the size of City government, and not the protection of jobs in the management staff. 4) PROMOTE ECONOMIC GROWTH_THRU INCREASED CO-OPERATION WITH THE CHAMBER OF COMMERCE. My predecessor in District 1 has seen fit to discourage the efforts of The Denton Chamber of Commerce. This attitude reduces the employment opportunities available to the minorities and poor people in Denton. I will do every thing possible to encourage the Chamber in its efforts to bring additional i commerce and industry to Denton to help us carry t~,_ existing heavy tax burden, 5) PROMOTE THE PRIVATIZATION OF SERVICES Government should never compete with private enterprise. The present attitude of doing everything with city employees greatly increases the cout or government and reduces the taxes available for pecessarY operations. Private enterprise pays taxes, city operati.otis do not. Possible considerations are driver training, commercial waste collection, l' residential waste collection, and landfill operations, 6) REVISE THE SIGN, TREEf AND ZONING ORDINANCES. These ordinances are causing great hardship to Denton Business and have discouraged economic growth. 7) PROMOTE BEAUTIFICATION THRU URBAN RENEWAL. As much as possible available Federal funds be used to finance true Urban Renewal. We should create Low cost loans to upgrade and build low income housing in depressed areas of Denton. 8) PROMOTE THE ESTABLISHMENT OF A NORTH TEXAS RESEARCH CENTER AT UNT. All possible private and public efforts should be encouraged to help in the creation of this much needed facility. The increased employment created by this Center and the private companies that would locate here will help bring employment to Denton. 9) CREATE A POLICE REVIEW BOARD WITH ENOUGH POWER TO 13E EFFECTIVE, Abuses of constitutional rights by THE DENTON POLICE are an every day occurrence in SOUTH CAST DENTON, 4 responsible Review Board would allow a check and balance system to operate and promote better co-operation between the police and SOUTH EAST DENTON COMMUNITY. 10) INCREASE THE AWARENESS OF THE NEED F'OR MINORITY _HIRING AND PROMOTION IN Tilt, CITY OF DENTON, The history of minority employment in Denton City Government is poor at beat, Increased awareness promoted by the ELECTED CITY COUNCIL will help promote minority staffing. 1 ;E '0..r f •IA S kR'k*#Ak#*Rh*#kkAA*****k**R*##R*A*d*#k*****#hAR***Ak*R#AAR#*Ah*k*#***A****RAk*k**A'. WE THE UNDERSIGNED ADULT (16 YRS OR OLDER) CITIZENS OF DISTRICT li 1 CITY OF DENTO: STATE OF TEXAS, DO HEREBY RESPECTFULLY ENDORSE CARL GENE YOUNG FOR CITY COUNCIL. WE SUPPORT HIS ELECTION EFFORTS, SUBSCRIBE TO HIS "TEN POINT PLANAND ARE PLEAS] TO ALLOW THE USE OF OUR NAMES IN A POLITICAL ADVERTISEMENT. d#*Rk*AA*#k*#A#A**k*R#**R##RA*d*k#R**dAAdAA##A*A**dR*###R#RkAA*k*k***#k#R*A##*kA*=-No="==^==Signature Street --Addresrs -_=--"-v=-DATE -&-Phone-No- * 3 d * a s" ate: fl # 1 ~o o N CA-rr, t ~ y V lC 7~ 7 A Rey y, + L " ~r ulk A G (~J Olt 13 in ry~t)LD,-~ ILE_ 14 A~' / ~k ? , 7• 16 17 ok ^lt3 1- 19 --42 OL 2 0 * 7~ # _ 21 22 A ona9. A s~ti a k J f 03 rn o r s 5"- ;x Z 23 24 A 25 a t; Sa CANDIDATE FOR DENTON CITY COUNCIL DI,SPRIC'r # I TEN (10) POINT PLAN FOR BETTER CITY GOVERNMENT, REAL ECONOMIC GROWTH, AND MORE CITIZEN PARTICIPATION i 1) REDISTRICT THE CITY TO CREATE A 6-1 PLAN. All council members to be elected in single member districts with the mayor elected at large. This will bring Denton city government in line with recent Federal Appeals Court decisions and bring the Council closer to the people. This will also reduce the cost of running for city council, allowing minorities and low-income people a better chance to participate in city government. 2) HOLD THE. LINE ON THE CURRENT TAX RATE„ Increasingly higher City and School District taxes have lowered property values and decreased the likelihood of industry moving to Denton. This has resulted in sharply reduced econo:Ac growth and higher unemployment. 3) REDUCE; WASTE IN CURRENT CITY BUDGET. Budget hearings and work shops should be 17 geared to decreasing the size of City government, and not the protection of jobs in the management staff. 4) PROMOTE ECONOMIC GROWTH THRU INCREASED CO-OPERATION WITH THE CHAMBER OF COMMERCE. My predecessor in District l has seen fit to discourage the efforts of The Denton Chamber of Commerce. This attitude reduces the employment opportunities available to the minorities and poor people in Denton. I will do every thing possible to encourage the chamber in its efforts to bring additional commerce and industry to Denton to help us carry the existing heavy tax burden. 5) PROMOTE THE PRIVATIZATION OF SERVICES Government should never compete with private enterprise. The present attitude of doing everything with city employees greatly increases the coat of govr,rrmenf• and reduces the taxes available for 1 necessary operations. Private enterprise pays taxes, City operations do not, f ` Possible considerations are driver training, commercial waste collection, i j residential waste collection, and landfill operations. I 6) REVISE THE SIGN, TREE, AND TONING ORDINANCES. These ordinances are causing great hardship to Denton Business and have discouraged economic growth, t 7) PROMOTE BEAUTIFICATION THRU URBAN RENEWAL. As much as possible available Federal funds be used to finance true Urban Renewal. We should create Low cost 1 loans to upgrade and build low income housing in depressed areas of Denton. 8) PROMOTE THE ESTABLISHMENT OF A NORTH TEXAS RESEARCH CENTER AT UNT. All possible private and public efforts should be encouraged to help in the creation of this much needed facility. The increased employment created by this Center and the private companies that would locate here will help bring employment to Denton. 9) CREATE A POLICE REVIEW BOARD WITH ENOUGH POWER TO BE EFFECTIVE. Abuses of constitutional rights by THE DENTON POLICE are an every day occurrence in SOUT11 EAST DENTON. A responsible Review Board would allow a check and balance system to operate and promote better co-operation between the police and SOUTH EAST DENTON COMMUNITY. 10) INCREASE THE AWARENESS OF THE NEED FOR MINORITY HIRING AND PROMOTION IN THE j CITY OF D1E,NTON. The history of minority employment in Denton City Government: is pathat best. Increased awareness promoted by the ELECTED CITY COUNCIL will help promote minority staffing, ~rinr -T } i STATE OF TEXAS, DO HEREBY RESPECTFULLY ENDORSE CARL GENE YOUNG FOR CITY COUNCIL. WE SUPPORT [{IS ELECTION EFFORTS, SUBSCRIBE TO HIS "TEN POINT PLAN", AND ARE PLEA TO ALLOW THE, USE OF OUR NAMES IN A POLITICAL ADVERTISEMENT. *A**#*A*#*##A****#AAA*****#A*A#***AAAk*k*k*A*k******k********#AAA#****A***Ak***AA No * Signature * Street Address * DATE & Phone No 5 06 * *AO4 enc. prc 2 __x._501 Lrridn,c~e~•y L~z.Z k * ;d R = _ 4 tZ S~ 4 t; - -Cq-0L-0T- 3(eZ 0/1~zs-a'a ?61 617 7 Is 003 -3 1 .2.0 j 10 * I * ~~i~-• fir` i k~ t-- i 12 ~O 13 * *vzw: A za~ T " 1 14 * X00 * `_~c'~ N * dob EA * * 11`5 d 17 18 6 _ 19 -2 21 * * _ k ► 22 .^A ~11 23 A Paid political advertising, Carl Young Campaign, :321. E. Mill Street., Denton Texa 76205 617/566-8790 Marjorie Youna Trnagi- ' S. I ~f it s CANDIDATE FOR DENTON CITY COUNCIL DISTRICT # 1 TEN (10) POINT PLAN_FOR BETTER CITY GOVERNMENT, REAL ECONOMIC GROWTH, AND MORE CITIZEN PARTICIPATION 1) REDISTRICT THE CITY TO CREATE A 6-1 PLAN. All council members to be elected in single member districts with the mayor elected at large. This will bring Denton city government in line with recent Federal Appeals Court decisions and bring the Council closer to the people. This will also reduce the cost of running for city Council, allowing minorities and low-income people a better.chance to participate in city government. 2) HOLD THE LINE ON THE CURRENT TAX RAT& Increasingly higher city and school District taxes have lowered property values and decreased the likelihood of industry moving to Denton. This has resulted in sharply reduced economic growth and higher unemployment, 3) REDUCE WASTE IN CURRENT CITY BUDGET. Budget hearings and work shops should be geared to decreasing the size of City government, and not the protection of jobs in the management staff. ` 4) PROMOTE ECONOMIC GROWTH THRU INCREASED CO-OPERATION WITH THE CHAMBER OF COMMERCE. My predecessor in bistrict 1 has seen fit to discourage the efforts of The Denton Chamber of. Commerce. This attitude reduces the employment opportunities available to the minorities and poor people In Denton. I will do every thing possible to encourage the Chamber in its efforts to bring additional commerce and industry to Denton to help us carry the existing heavy tax burden. 5)' PROMOTE THE PRIVATIZATION OF SERVICES Government should never compete with private enterprise. The present attitude of doing everything with city employees greatly increases the cost of government and reduces the taxes available for necessary, operations. Private enterprise pays taxes, city operations do not. PossOle considerations are driver training, commercial waste collection, residential waste collection, and landfill operations. 6)` REVISE THE SIGN, TREE,. AND ZONING ORDINANCES. These ordinances are causing ; great hardship to Denton Business and have discouraged economic growth. t ' 7) PROMOTE BEAUTIFICATION THRU URBAN RENEWAL. As much as possible available Federal funds be used to finance true Urbah Renewal. We should create how cost loans to upgrade and build low income housing in depressed areas of Denton. 8) PROMOTE THE ESTABLISHMENT OF A NORTH TEXAS RESEARCH CENTER AT UNT. All possible private and public efforts should be encouraged to help in the creation of this much needed facility. The increased employment created by this Center and the private companies that would locate here will help bring employment to Denton. 9) CREATE A POLICE REVIEW BOARD WITH ENOUGH POWER TO BE EFFECTIVE. Abuses of constitutional rights by THE DENTON POLICE are an every day occurrence in SdUTH EAST DENTON, A responsible Review Board would allow a check and balance system to operate and promote better co-operation between the police and W)UTH EAST DENTON COMMUNITY. 10) INCREASE THE AWARENESS OF THE NEED FOR MINORITY HIRING AND PROMOTION IN THE CITY OF DENTUN. The history of minority employment in Denton City GoVernmP,nt Is poor at best, increased awareness promoted by the ELECTED CITY COUNCIL will help promote minority staffing, i fl fi f3 STATE OF TEXAS, DO HEREBY RESPECTFULLY ENDORSE CARL GENE YOUNG FOR CITY COUNCIL. WE SUPPORT HIS ELECTION EFFORTS, SUBSCRIBE 1'0 HIS "TEN POINT PLAN", AND ARE PLEAS TO ALLOW THE USE OF OUR NAMES IN A POLITICAL ADVERTISEMENT. No * Signature * Street Address * DATE & Phone No d * r - ~yr l 383- yr-. 1 * Q ,~/~l~! ~ Qom! _ * /De se * a * 0 5 Az- W., 01 * 6' 7 * * 3 a A 9 61 10 * C -i 1Z1~"~ 12~~ " 12 r SK, 13 * R A 14 7 15 16 VeA LA * Eger * I` 17 * * 775 18 , 20 eu 21 * * a' L w 7 7-~ 4 22 ot 23 I E Paid political advertising, Carl Young Campaign, 321 E. Mill Street:, Denton Tema 76205 817/566-8790 Marjorie Ynana mrhn,,,,-~ I 1 4+ .,r s CITY COUNCIL DISTRICT # L CANDIDATE FOR DEN'fON MORE TEN 1101 POINT PLAN FOR EIETTEI? CITY GOVERNMENT REAL ECONOMIC GR~WTK. AND CITIZEN PAE2TICIPATION bring Denton 1) REDISTRICT THE CITY TO CREATE A 6-1 ayorPLAN' elAllected at council large. members This to will be elected in ember districts with Appeals court decisions and bring the single m the m overnment in line with recent Federal for City city g council closer to the people. This will also reduce the cost o running Council, allowing minorities and low income people a better chance to participate in city government. easing Y higher city and School 2) HOLD THE LINE ON THE CURRENT TAX RATE. Incrd Leconomic growth taxes have lowered propertyvalues and decreased the liltelilioo of, District moving to Denton. This has resulted in sharply reduce industry and higher unemployment. Jobs geared REDUCE WASTE IN CURRENT CITY BUofDG&•city governBudgetment, and hearings not and wu the rk shops protection of should jbe red to decreasing the si in the, Management staff. E&ATI ' ECONOMIC GROW H in THRU DistrNctEl has see Pt to a1scourageEtheH e£f Th 'Comm E. ortstlb£ 4} PROMOTE My predeces meat The Denton Chamber of Commerce. This attitude reduces 'the employ people efforts in Denton. tax burd ill d en. ional j opportunities available the minorities and or ~ every thing possible to en encourage the Chamber in .thesexistinq hea hying add ' commerce and industry to Denton to help us carry ete with Government should never comp r 5) PROMOTE THE PRIVATIZATION OF SERVICES private enterprise. The present attitude of doing everything with city emplofees o pes available s do f of government and reduce the greatly increases the Cori ate enterprise aay_ _ taxes{sCity Axes available for merrial waste collection, neoessar operations. P are driver training, ible considerations com Poss residential waste collection, and landfill operations. ave discour►gea economic ordinances causing growth. 6) REVISE THE SIGN{ TREE AND ; nes ZONING _ and hORDINANCE& great hardship to Denton Busi ossible available 7} PROMOTE BEAUTIFLCA?ION THRU URBAN RENEWAL. As much as p eneWa We !should ! Federal funds be used to incomeehousinggin depres ed areas of Denton. loans LOW cast ns to upgrade and build low sslble 8) PROMOTE THE ESTABLISHMENT OF A NORTH T! XAS RESEARC1t CENTER AtihUN. All po TCenterand the ~beeei:ic7`ou rage to hel private and public oftoThe increased employment created by the creatign of this much needed facility. private companies that would locate here will help bring employment to Denton. of oreu SOUTH 9) CREATE A POLICE REVIEW BOARD E Fare°angeveeryBday F1 IVEd, an e u system rights by H EAST DENTON. A responsible Review Board would allow a check and SOUTH EAST to operate and promote better co-operation between the 1~.lice DENTON COMMUNITY. ON THE Government is 101 INCREASE THE A__ w7~RENESg OF mot m eoriTY mlpO Ymen HIRnNG ~ANoD CRty 3 ~ypri Og best.N. The history promoted by the ELEC'T'ED CITX NCIL will help j or at best. Increased awareness L promote minority staffing. ~ nrn,.r , i k WE THE UNDERSIGNED ADULT (18 YRS OR OLDER) CITIZENS OF DISTRICT # I CITY OF DEN-Q STATE OF TEXAS, DO HEREBY RESPECTFULLY ENDORSE CARL GENE YOUNG_ FOR CITY COUNCIIi\ WE SUPPORT HIS ELECTION EFFORTS, SUBSCRIBE TO HIS "TEN POINT PLAN", AND ARE PLEAS TO ALLOW THE USE OF OUR NAMES IN A POLITICAL ADVERTISEMENT. **k**fi***R**AkAAfifiAk**fiAA**fi*fi*fiAfiAkkk*'k*R**k**A**k***kk*R*kk******k*R*A*fi*fiA*kR* No=*=^ -:=Signature Street Address---- _DATE & Phone No 2 * * vi d 6 k 1 g R *-Lc i -4lU ~ * * * 11 * : (02 3 3 47 - 7)) * * ce ~ 12 * ~-G? - 13 l* r ner * LE T_ ^ z_ * A G 16 R ~l~n~ 6 .r f(rF~~ R 0o 44 20 r/42t I k I _ 22 * N / A -~~~rF-`--/-„ G~•J7~1~~17 ,`+a-i(7 23 CA6c- cc,opef 20~~ yh~,VG~ Qb pail r.nl ii-inil adverfisina. Earl Yniinn ramn;aian. i'~1 w m; t t n4•'- m, 1 ii ri t.e N . F.i CANDIDATE FOR DENTON CITY COUNCIL DISTRICT # 1 TEN (101 POINT PLAN FOR BETTER CITY GOVERNMENT, RFAL.ECONOMIC GROWTHj_AND MORE CITI7.P PARTICIPATION ` 1) REDISTRICT THE CITY TO CREATE A 6-1 PLAN. All council members to be elected in ` single member districts with the mayor elected at large. This will bring Denton city government in line with recent Federal Appeals court decisions and bring the Council ::loser to the people. This will also reduce the cost of running for City Council, allowing minorities and low-income people a better chance: to participate in city government. 2) HOLD THE LINE ON THE CURRENT TAX RATF. Increasingly higher city and School District taxes have lowered property values and decreased the likelihood of industry moving to Denton. This has resulted in sharply reduced economic growth. and higher unemployment. 3) REDUCE WASTE IN CURRENT CITY BUDGET. Budget hearings and work shops should be geared to decreasing Bhe ssize of City government, and not the protection of Jobs in the managemerit'sta€f. 4) PROMOTE ECONOMIC GROWTH THRU INCREASED CO-OPERATION WITH THE CHAMBER OF COMMERCE. My predecessor in District 1 has seen fit to discourage the offorts of The Denton Chamber of commerce. This attitude reduces the employment opportunities available to the minorities and poor people in Denton. I will do every thing possible to encourage the Chamber in its efforts to bring additional commerce and industry to Denton to help us carry the existing heavy tax burden, 5) PROMOTE THE PRIVAT17AATION OF SERVICES Government should never compete with private enterprise. The present attitude of doing everything with city eHl loyees greatly increases the cost of government and reduces the taxes available for necessary operations. Private enterprise pays taxes, City operations do not. Possible considerations are driver training, ' commercial waste collection, } residential waste collection, and landfill operations. 6) REVISE THE SIGN, TREE,, AND ZONING ORDINANCES. These ordinances are causing f great hardship to Denton Business and have discouraged economic growth. - 7) PROMOTE BEAUTIFICATION THRU URBAN RENEWAL. As much as possible available Federal funds be used to finance 'f.rue Urban Renr'wal. We should create Low cost loans to upgrade and :.wild low income housing in depressed areas of Denton. 8) PROMOTE THE WrABLISKAENT OF A NORTH TEXAS RESEARCH CENTER AT UNT. All possible private and public efforts should be'encouraged,to help in the creation of this much needed facility. The increased employment created by this Center and the private companies that would locate here will help bring employment to Denton. ) E 9) CREATE A POLICE REVIEW BOARD WITH ENOUGH POWER TO BE EFFECTIVE. Abuses of constitutional rights by THE DENTON POLICE are an every day occurrence in SOUTH EAST DENTON, A responsible Review Board would allow a check and balance system to operate and promote better co-operation between the police and SOUTH EAST s DENTON COMMUNITY. 10) INCREASE THE AWARENESS OF THE NEED _FOR MINORITY HIRING AND PROMOTION IN 'THE t CITY OF DFNTON. The history of minority employment-in Denton City Government: Is poor at best. Increased awareness promoted by the ELECTED CITY COUNCIL will help promote minority staffing. s `11 }15,.;1 t•J 1 1 Iy i~ a k*~RkR*RRkR***RR*RA*kkR*kk**kkAkR*RkkkR**kR kRRkRRRk RRARk**k**Rk*►R!*RkA*RRA***Ak*f WE THE UNDERSIGNED ADULT (18 YRS OR OLDER) CITIZENS OF DISTRICT # I CITY OF DENTOI STATE OF TEXAS, DO HEREBY RESPECTFULLY ENDORSE CARL GENE YOUNG FOR CITY COUNCIL. ` WE SUPPORT HTO AILOWITHEEUSEROF/OURBNAMESEINOAPOLITICAL OADVERTISEMENTU ARE PLEASI R***RRR**kkAk*AkR*kR***RRRR*****R*R***RR RRRRk R*kkkR*********R *RRRRR*RkkRR*RRRR#kRi ====Street Address " DATE k Phone No No * Signature 2 *ri,., ma`r'='' Mac R g -fir , 3,9.3 14-' * 6 4') L4 12 13 14 16 17 JLA' 38 I * R * * 19, te. 20 21 A 41 R -2 all " 23 24 25 * - R 41 f }1 fi f/ t d CANDIDATE FOR DENTON CITY COUNCIL DISTRICT I I TEN 10) POINT PLAN FOR BETTERCITI` YR jATIDNAL ECONOMIC GROWTH AND MORE Denton 1) sggigTRmCIHEd swXicwsCwaATEthP6mayor ele tedC~tnlarge.emThis twillebrig elected city government in line with recent Federal Appeals Court decisions and bring the council closer to the people. This will also reduce the cost of running for City Council, allowing minorities and low-income people a better chance to participate in city government. 2) HOLD THE LINE ON THE CURRENT TAX RATE. Increasingly higher city and school District taxes have lowered property values and decreased the likelihood of industry moving to Denton. This has resulted in sharply reduced economic growth and higher unemployment. 3) REDUCE WASTE IN CURRENT CITY BUDGET. Budgehear and nod whekp>'otertio~nuof j bs geared to decreasing the size of City government, in the management staff. THRll INCREASED CO-OPERATION WITH THE CHAMBER OF 4) PROMOTE ECONOMIC GROWTH COMMERCE. My predecessor in Districti 1'. has seen 'fi- o redo educes. the e employment attitude or in Denton. X' will do ' The Denton Chamber of commerce. This opportunities available to the minorities and po people every thing possible to encourage the Chamber in its efforts to bring additional' commerce and industry to Denton to help us carry the existing heavy tax burden. E 5) PROMOTE. THE PRIVATIZATION OF SERVICES Government should never compete with 1 attitude of with cit yees private enCeeaseis. thengtaxes availablelo£or se the h cost of tgovernment and doing reduceseverythi i greatly in do_ not. necessar operations. Private enterprise mays taxes, City operations Possible considerations are driver training, commercial waste collection, I residential waste collection, and landfill operations. causing 6} REVISE Tla$hip to TREE AND Businesslandave df~~uraThese ged economic growth. ~ great: har p 71 PROMOTE B IFTCATION THRU URBAN RENEWAL As much as possible available Federal funds be used t:o finance true Urban Renewal. We should create Low cost: loans to upgrade and build low income housing in depressed areas of Denton. Al] possible . the 8) PROMOTE THEE ABLISHMENT OF A NORTH TEXAS RESEARCH CENTER A_ T UNT_. this private and public eff increasd employment coreath~lp in ed W thisccentern and the mach needed facility. The private companies that would locate here will help bring employment to Denton. 9) CREATE A POLICE REVIEW BOARD ENOUGH POWER TO BC EFOCECTr r. Abuses of const--~"itutional rights by TEIC DENTON POLICE are an every day CAST DENTON, A responsible Review Board would allow a check and balance system to operate and promote better co-operation between the police and SOUTH BAST DENTON COMMUNITY. l{ 10) INCREASE THR AWARENESS OF T[IE NEED FOR MINORITY HIRIAIG AND PROMOTION IN HEfs CiTY OF DENTUfI. The history of minority employment in Denton City poor at best. increased awareness promoted by the ECCTED CITY COUNCIL will help promote minority .n 3 r ##**R**kk#**A*kk******kk****k*********h*k*******RR***kR***h**#Akk**#**RRR#******RI ) CITIZENS OF I CITY OF DENTOI CARL GENESYOUNG FOR CITY COUNCIL. WE THE OF TEXAS,,L DO ADULT HEREBY (18 YRS OR OL STATE fVE' SUPPORT HIS ELECTION EFFORTS, SUBSCRIBE TO HIS TEN POINT PLAN", AND ARE PLEAS[ TO ALLOW OW THE USE OF OUR NAMES IN A POLITICAL ADVERTISEMENT. ' #**AR*hkR*#**RhRh*#**RAk*#*#kR***#*AR*##kR**#hh###R*#*hRRR RR*#*A***##kR*##****#**4 Street' Address -=_____=`===YUATE & Phone No r*n # Signature # 6 9L t T 13 A, jjp 14 15 IeC 4'''e j~ 16 17 18 " R G l-J O lr riLoC R - 19 711 _ 20 p~ ON ~b Q 22 393J # 23 24 25 ~ c ' ~~ti ~oav,--' (D ~ /~V n7~• "~j' r3"'y'l`1/ ~,~r ~r ~(,,.3. y i s3 4 1. , )z CANDIDATE FOR DENTON CITY COUNCIL DISTRICT # 1 TEN (10~) PAINT QbAN FOR BETTER -ZE`~ PARTICIPATION L ECONOMIC GROWTH, AND MORE elected 1} REDISTRICT THE CITY CREATE A 6-1 PLAN. All , eats council Court medmbers to ecisions he elec and bringted in member distric cts witU the mayor elected al large This will bring Denton the single government in line with recent Federal App Council closer to the people This will also reduce the cost of running for City council, allowing minorities and low-income people a better chance to participate in city government. Dis Increasingly higher City and School 2) HOLD THE LINE ON THE CURRENT 7'AX_-RATE• trict taxes have lowered property values and deeveased the likelihood Of industry moving to Denton. This has resulted in sharply reduced economic growth and higher unemployment. not thekprshops otectionuo fobs 3) REDUCE WASTE IN sURRFNT_ CITY of CEtY povernmentr a heaings an geared to decreasing the size in the management staff. H THE CHAMBER OF ` 4) PROS F.CONOMsoH inlDi)strNcctRE~ has se~?[f t tIo di~eourag the efe forts Of COMMERCF« My predeces % The Denton chamber of Commerce This attitude reduced the employment opportunities available to the minorities and poor people in Denton. I will do additional every thing possible to encourage the chamber in its efforts to bring commerce and industry to Denton to help us carry the existing heavy tax burden. 51 ,PROMOTE THE PRIVATIZATION OF SERVICES Gov 1 ne~rer tye, employees ` private enterprise, The present attitude of doing ng EverYt ng with city opErati n~ya il dbinafor uses the greatly increases the cost, of government -and reduc ommercial Waste collection, 4 necessary operations Private enterprise pays possible considerations are driver training, C residential waste collection, and landfill operations. 6) REVISE THE SIGN D t n ©Nu inessl aG,d have discouraged economicCgrowthare. causing ORDINANCS. These great hardship to 1 1) PROMOTE BEAUTIFICATION TURU URBAN RENEWAL. As much as possible available to u funds be anddbu~ld low income housing Rin depressedsareas of Denton. w cost finance tr'~~eurl3a`n loans pgrade Federal ssible be encou aged to help ER A>;h_cr ation of this g) PROMOTES THE public efpotrts NORTH TEXAS R&SEARCH this private and p ment nter much needed facility, that would locate herepwill helpcbringdempl yment to Dento ,the } private companies 9) CREATE A POLICE REVIEW BOARD WITH ENOUGH PO!1ER TO BE )!,yqW IV& Abuses of , eve yr day occurrence in SOUTH constitutional rights by THE DCNTON_ POLICE ire an EAST DENTON. A responsible Review Board would allow a check and balance system.. to operate and promote better co-operation between the police and SOUTH EAST OUNTON COMMUNITY. 10) INCREASE THR AWARENESS OF THE NEED FOR MINORITY HIRING AND PROMOTION IN THE of minority employment in Denton City Government is t"s CITY OF DEAN, The history poor at best. Increased awareness promoted by the ELECTED CITY COUNCIL will help staffi promote minority ng. ,yF\. i r.'42f rit 1 STATE OF TEXAS, DO HEREBY RESPECTFULLY ENDORSE CARL GENE YOUNG FOR CITY COUNCIL. WE SUPPORT HIS ELECTION EFFORTS, SUBSCRIBE TO HIS "TE%N POINT PLAN", AND ARE PLFA. 1 TO ALLOW THE USE OF OUR NAMES IN A POLITICAL ADVERTISEMENT. itkkAAA##*Ak#A##ALLO kA#####AA#kAAA#A*#RkAAA#A#AAA##*AA#####AAkk#kAAAA#A#kA#AAAAA# treet--Address- * DATE & Phone No No * Signatu;:e S A I ~ 1 P ~Ky a *~Xr~erSs~a✓_ lZozs ~L - - * ~'3~_~~ 5`65-67 * . A A 5 _6 *A * A - - # * # * A * * # 1 1 A 1 ~ A 10 * * ~ # # 12 * A _ - A ' 13 * A - - - # 1 * * 15 * _ * - - 16 * M - ~ A * 17 R - 19 21 1 _22 23 ticai advertising, Carl Young Campaign, 321 E. Mitt Street, Denton Texa Pa 111 ~1Y .Irnnr n.!Y If r/ p~YMA M~rldn.•in Vn••r.+ ql.•.-.-... . E s i7- , tLa'4:'~ Fi CANDIDATE FOR DENTON CITY COUNCIL DISTRICT # 1 TEN (10) POINT PLAN FOR BETTER CITY GOVERNMENT, REAL ECONOMIC GROWTH, AND MORE CITIZEN PARTICIPATION 1) REDISTRICT THE CITY TO CREATE A 6-1 PLAN. All council members to be elected in single member districts with the mayor elected at large. rhis will bring Denton city government in line with recent Federal Appeals Court decisions and bring the Council closer to the people. This will also reduce the cost of running for City Council, allowing minorities and low-income people a better chance to participate in city government. 2) HOLD THE LINE ON THE CURRENT TAX RATE. Increasingly higher City and School District taxes have lowered property values and decreased the likelihood of r industry moving to Denton. This has resulted in sharply reduced economic growth and higher unemployment. 3) REDUCE WASTE IN CURRENT CITY BUDGET. Budget. hearings and work shops should be 3 geared to decreasing the size of City government, and not the protection of jobs ! in the management staff. 4) PROMOTE ECONOMIC GROWTH THRU INCREASED CO-OPERATION WITH THE CHAMBER OF COMMERCE My predecessor in District 1 has seen fit to discourage the efforts of The Denton Chamber of Commerce. This attitude reduces the employment opportunities available to the minorities and poor people in Denton. I will do 4 k every thing possible to encourage the Chamber in its efforts to bring additional commerce and industry to Denton to help us carry the existing heavy tax burden. 5) PROMOTE THE PRIVATIZATION OF SERVICES Government should never compete with private enterprise. The present attitude of doing everything with city employees greatly increaser the cost of government and reduces the taxes available for E necessary operations. Private enterprise pays taxes, City operations do not. Possible considerations are driver training, commercial waste collection, residential waste collection, and landfill operations. 6) REVISE THE SIGN, TREE, AND TONING ORDINANCES. These ordinances are causing great hardship to Denton Business and have discouraged economic growth. 7) PROMOTE BEAU'fXVICATION THRU URBAN RENEWAL. As much as possible available Federal funds be used to finance true Urban Renewal. We should create Low cost loans to upgrade and build low income housing in depressed areas of Denton, Hl PROMOTE THE ESTAHLISHMENT OF A NORTH TEXAS RESEARCH CENTER AT UNT. All possible i private and public efforts should be encouraged to help in the creation of this much needed facility. The increased employment created by this Center and the ! private companies that would locate here will help bring employment to Denton. s ! 9) CREATE A POLICE REVIEW BOARD WITH ENOUGH POWFR TO BE EFFECTIVE'., Abuses of constitutional rights by THE DENTON POLICE are an every day occurrence in SOUTH EAST DENTON. A responsible Review Board would allow a check and balance system to operate and promote better co-operation between the police and SOU'T'H EAST i DENTON COMMUNITY. r 10) INCREASE THE AWARENESS OF THE NEED FOR MINORITY HIRING AND PROMOTION IN THE r CITY OF DENTON. The history of minority employmenL in Denton CiL•y Government is poor at best:. Increased awareness promoted by Lhe ELECTED CITY COUNCIL will help promote minority staffing. Y.Ir 'fkAY,frs I WEfTHE UNDERSIGNED ADULT (18 YRS OR OLDER) CITIZENS OF DISTRICT # 1 CITY OF DENT01 STATE OF TEXAS, DO HEREBY RESPECTFULLY ENDORSE CARL GENE YOUNG FOR CITY COUNCIL. E WE SUPPORT HIS ELECTION EFFORTS, SUBSCRIBE TO HIS "TEN POINT PLAN", AND ARE PLEASI TO ALLOW THE USE OF OUR NAMES IN A POLITICAL ADVERTISEMENT. 1 A*A*********fF fk*ft,Y*ftftlf kfM*A*kR'k*rt*A****'k**1r***R*****R****#AMYA/c*A*******A*R***kk***f I I c..~c_=2. o. o.n a.o _.._c-n.;:r.camc .c.c ~.•.'_y-~-sa: ~cr _.__c ` No ° Signature " Street Address - - DATE Phone-No- A., 991Y 1 I q 5 * * f * * * 6 F q * * 8 * * * I * * * 9 * - - k- - - f I 10 12 j 13 14 j 15 16 t 17 . * : 19 * * * I * R * 20 21 * I i i 22 * * * j 23 f rr-.. n~r"riaiHn. Z71 M Mi 1 I ChrnnF r « Trxag % 1 ~ CANDIDATE FOR DENTON CITY COUNCIL DISTRICT # 1 TEN l10) POINT PLAN FOR BETTER CITY GOVERNMENT REAL ECONOMIC GROWTHj_AND MORE CITIZEN —PARTICIPATION All council members to be elected in I) REDISTRICT THE CITY TO CREATE A 6-1 PLAN. single member districts with the mayor elected at large. This will bring Denton city government in line with recent Federal Appeals Court decisions and bring the Council closer to the people. This will also reduce the cost of running for City council, allowing minorities and low-income people a better chance to participate in city government. 2) HOLD THE_ LINE ON THE CURRFNT TAX RATE. Increasingly higher City and school District taxes have lowered property values and decreased the likelihood of i industry moving to Denton. This has resulted in sharply reduced economic growth and higher unemployment. 3) REDUCE WASTE IN CURRENT CITY BUDGET. Budget hearings end not wthe orkprshops otectshould jobs geared to decreasing the size of city government, in the management staff. ASED 41 PROMOTE ECONOTiTe daeg H in THRU DistPictE1 h s seeOPfRt Tto discourageEthe effER s0of j COMMERCE. My p The Denton Chamber of Commerce. This attitude reduces the employment z opportunities available to the minorities and poor people in Denton. I will do every thing possible to encourage the chamber in its efforts to bring additional j commerce and industry to Denton to help us carry the existing heavy tax burden. 51 PROMOTE THE PRIVATIZATION OF SERVICES Government should never compete with private enterprise. The present attitude of doing everything with city employees r greatly increases the cost of government and reduces the taxes available for necessary operations. Private enterprise pays taxes, City operations dq not. commercial waste collection, Possible considerations are driver training, residential waste collection, and landfill operations. G) REVISE THE SIGN, TREE, AND ZONING ORDINANCES. These ordinances are causing i Brea-T t h p to Denton Business and have discouraged economic growth. 7) PROMOTE BEAUTIFICATION THRU URBAN RENEWAL. As much as possible available Federal funds be used to finance true Urban Renewal. We should create Low gnat loans to upgrade and build low income housing in depressed areas of Denton. 8) PROMOTE THE, Eb'TABIAS11MENT OF A NORTH TEXAS RESEARCH CENTER AT UNT. All possible private and public efforts should be encouraged to help in the creation of this much needed facility. The increased employment created by this center and the private companies that would locate here will help bring employment to Denton. 91 CREATE A POLI ri lW mHE DENTONEIPOLICE lareOanxeveYBdill aY FoccuTrrencebiriAeSOUT EAST ltutonal ghts by EAST DENTON. A responsible Review Board would allow a check and balance system to operate and promote better co-operation between the police and SOUTH EAST DENTON COMMUNITY. 10) INCREASE THE AWARENESS tO~yTof N." inority MINORITY t on cittyOGbvernmentr.is CITY OF DEN'TO poor at best. Increased awareness promoted by the ELECTED CITY COUNCIL will help promote minority staffing. W v,1 . S ,STATE OF TEXAS, DO HEREBY RESPECTFULLY ENDORSE CARL GENE YOUNG FOR CITY COUNCIL WE SUPPORT HIS ELECTION EFFORTS, SUBSCRIBE TO HIS °TEN POINT PLAN", AND ARE PLE? TO ALLOW THE USE OF OUR NAMES IN A POLITICAL ADVERTISEMENT. =:a=___-_=_==c:rc~=cc=c_c====a===~=_vc= _=r r.--v===--__=-..=n====== a=cm=~-4-____-_ . No * Signature * Street Address * DATE & Phone No POJVA~ i n lye y.J.~-et+,rl.~/ *521'1r~ 3 * r * hl R qc( r,7 5 *9 b * W * 12? 2.ufih S i 11 * * # \ I 12 13 * * R ~ f i 14 15 R * * A R- C 16 i R * i 17 * * _ R i Li18u* * R 19 R 20 * At i 21 * R R l 22 s 23 * * * t' 24 * i R V 1, 25 .,,.Paid political. advertising, Carl Young Campaign, 321 E. Mill Street, Denton Tex'. n+-r rr,~g..nrynn MArinriA Ynimn lrrAAgmr ' ,j i? w f~ yn ) UAxL UtNh YuUNU CANDIDATE FOR DENTON CITY COUNCIL DISTRICT 1 TEN (10) POINT PLAN FOR BETTER CITY GOVERNMENT, REAL ECONOMIC GROWTH, AN_D_M_O_RE h CITIZEN PARTICIPATION 1) REDISTRICT THE CITY TO CREATE A 6-1 PLAN. All;,council membere'to #e eleoted in single member districts with the major -elected at 'large. bring Denton r This.•wlll. city government in line with recent Federal Appeals Court decisions and bring the Council closer to the people, This Will also reduce the cost. 61running for iaity Council, allowing minorities and low-income people a better chance•,tn' partici :rre` ` in city government. 2) HOLD THE TINE ON THE CURRENT TAX RATE. Increasingly higher City and School, District taxes have lowered property values and decreased the likelihood of industry moving to Denton. This has resulted in sharply reduced economic growth i and higher unemployment. 3) REDUCE WASTE IN CURRENT CITY BUDGET. Budget hearings and work shops should be geared to decreasing the size of City government, and not the protection of jobs in the management staff:. t 4) PROMOTE ECONOMIC GROWTH THRU INCREASED CO-OPERATION WITH THE CHAMBER OF i' COMMERCE. My predecessor in District 1 has seen fit to discourage the efforts of { The Denton Chamber of Commerce. This attitude reduces the employmenr opportunities available to the minorities and poor people in Denton. I will do { every thing possible to encourage the chamber in its efforts to bring additional { commerce and industry to ..enton to help us carry the existing heavy tax burden. < 5) PROMOTE THE PRIVATIZATION OF SERVICES Government should never compete with private enterprise. The present attitude of doing everything with city employees i greatly increases the cost of government and reduces the taxes available for necessary operations, Private enterprise pays taxes, City operations do not. Possible considerations are driver training, commercial waste collection, residential waste collection, and landfill operations. i 6) REVISE THE SIGN, TREE, AND ZONING ORDINANCES. These ordinances are causing great hardship to Denton Business and have discouraged economic growth. 7) PROMOTE BEAUTIFICATION THRU URBAN RENEWAL. As much as possible available Federal funds be used to finance true urban Renewal. We should create Low cost loans to upgrade and build low income housing in depressed areas of Denton. 8) PROMOTE THE ESTABLISHMENT OF A NORTH TEXAS RESEARCH CENTER AT UNT. All possible private and public efforts should be encouraged to help in the creation of this much needed facility. The increased employment; created by this Center and the private companies that would locate here will help bring employment to Denton. 9) CRE~ITE A NOT.CC>a F(EVTRW BOgRD WITH ,V060H POWEn TO BE EPFB'PiVPA Abuses of, A constitutional' righter, by THE DENTON POLICE, are ail everyday occutretSCe ih' Stl(M"H EAST DENTTON: A responsible Review Board would allow a check and balance system, to 'nperate, and "promote better co-bperatioR' between the ptfl4ce at1d % SbU` H EASE DENTtlN COMMUwyi 'INCREASE THE AWARENESS OF. THE NEED FOR MINORITY HIRING AND PROMOTION IN THE CITY OF DENTON. The history of minority employment in Denton'City Government is spoor at bast. increased awareness promoted by the ELECTED CITY COUNCIL will hole promnf-P minnrihv,sfaffina. i 1 h v:C rS'i ri. 'r 1 UWIVEF:SITY OF NORTH TUXAci N.A.A.C.F'. PETITION I We the F.ti.tdents at U.N.T. auppar-t. the t?stabli.shmpr,t o!' a civilian review board for they city of Denton F'oli.ce+ r Department. r NAME r LLLt.Q - a M 6-7 e/) 1 1 q~-V6-- p~ ysz 1-~s Ta'. - - - s - - - - - - - ; - 4 b t I l UNIVERSITY OF NORTH TEXAS N.A.A.E.F. PETITION We the sti.,dents at U.N.T. 6upport the establishment of a civilian review board for the city of Denton Police Department. 5 NAME 71 Asts fa -!~O.CA j e, i 33 4510 - (off z3 z9 2 m 1 A ~ivtk -7y 26 -2~41 27G,.~O~fC~ti011~ ~-/41St-D 4 211 31 42 31 11Y j 4 1 c UNIVERSITY OF NORTH TEY.A:i N.A.A.G.P. PETITION We the students at U.N.T. support the eutablishment of s civilian review board for the city of Denton Police Department. NAME q5-1- 73 1 c u ~ _ G - Q ys ~ y 3 ~ f '~rZ 7 { ~ 53 - y -9Ga p y r 41A 14LP-- 61 P 1,54 b f t i L',VI'IEF:; T.'~ OF NOFTh Tf")(O iV,A•F'!C,F'! PCT TIOV w e =tLtut n: at U.Ix:,T. 4uu:-.port tI-e ertr+L2ishment of a i kJ(,,Nt-j fcr thE` city 0E Denton Po:,ices 1H,lC;rClr!~I I , Silk _R M..S . - J c~-" 6 2 ~f:.a~. ` ~O X13.• ~ SrJ L/F/•!itL_ i t~ i7 f S~ i j i I !hV:'JEi?:ia'Y Qr NORT~j TEXAS F1.C,f', F'ET171C'1 i } G _ ie _todk~n;s at LI.N,T. support the eetr-iblishrtrent cf a :'I~4'ieW board for trio city of Denton F'n.1 ico s a LO .3 I V ( fir`..... yF ,I r,. 1 ! r t `r h i • 1 , 1 ~ } 7-1 X4, ON ,Y 1 l r l .F } Slab, t` 1} r r ~ ~ :X- k~, r' r .t 1 OF iV rM Tl XAS ia,n,Fy,C,F', F'ETiTT of V I I'+' F !Itudon-- 4kt U.N.T. tw!o :ort the eEtrib]ishment of a ~1t':;<. l lar~ .a xPw bi ar d for the c i ty of ben ton pa I.LC ~'tirer•: f. rr, 197-1 ---fir 3- 3-- ! y~lQq ~ . _ r~~ --mac = ~ 52 y oV-) ~ ~5 r -79 t 1,-iJI'lEFF$'_?•Y Cr NJRTIn TEXAS. N.A.A.C,F'. PETITION atuG~>nt,e, at O.N.T. sut~pcjrt the estiAblishalent of a ,ai ,-vviaa, baar-J for the city of DentonPolice NAME 11 (0 ItA C_.. 7 7/ ~A5 40 ' *4_.Auo& ' it " 1f yyr- 77-3 sy$- . 3 . ,2:2 h1l, trAJ~._ 1...~^_i(l.. 171. r `.~':.z•- ,C ~.C~~ ~ r. X3`11%',~+ S ;loop?~ t/~ Q r r LeJ { i i I r- E'r .r[c AA:', Gi: t* r. V, L, ~t'.a 1i Lil irtcr, i-'r- Id s :7.'•'S. ~r= fl !..?F. UJL..Y ii,.. fCf F@11 (r 0 - tit_ s a I- y ~ ~yA~ ~~SS"~3~ 7 3 5S -<~Lqc SST ~ ~ ~ 77 ~ " X15 1 f 5 ;Y i. KI"U}1}yk tl i t J:'JEl: ;T'r OF iVOF:T', TEXOS N.k.A,C.r. F'ET:TIQ:c I tl,,/ .ion at L'. N. T. '5L1«' UI't the eetrib I : _ e D lisha,ent. of l Lran : m~i~w bc.atrd fur tree city of Geritan Police _R6 -P?4ff ! 57 s Iµ • IF.'~Y:Sp r i r -li`JTVEPS_'Y OF NORT!-, TEXOS iJ.A.A,C,F', PETJILIrq r t b; •1turJvn:.. cit ll.N.T. uu:.--port the e-trablishment of iA :-T\ iew bc,.,r•J for tho city of ben ton Police _r Ia ~'S L.L,l-1q (4e (ae X71V) 9,21 4-5 ~q _ - 7 LZ 7 7-0 2-2 4 i " a: dµ. 3q 3S~ eke t ,r S' _ / ~4,2 33 t Q 3 - t cxY:. pF1 LnVI'lEl?u T'Y D: NORTh TEXf15 i4.A.A.C.P. PETITION ` 3 la "..'16 :itLlrJ1'n`sn at U.I.T. liUl port the eatiAbll5hment of a iIiAn :-T%iew bc:ird for tTle+ city 0f Den tan POIi O CA 17 s , Litt 5-- Sb AAAO 461 2 fa d?7 2- i ti f `e t \IIVEI~Z77I OF NORTh TENDS iV.A,ox,P. PETi' 1C:w 4 c litLtuon:s, at L!.N.T. 4.w!:port the eatablxshment of a i iI tAr) r~`iaa bt,owd for tho city or Denton Police: Moe 77-yrJ~( Co -Z`kIl 4 Y5'y- /-'Q.SSc~ h Ism . e 1 t N.~AY1fV OF NORTH TEXAS A,A,C.P. PETITION tudonca, Lit .N,T. support the &Bt,Ablishnent of tt iliar mvirw bc;atrd for thO city of Denton !='oliev I ~~F'ie.rCr6•Yl'i'.. _ _yS •~3``+`i6d 6 7 i I-le 7 - 7ti ~ ~~3 -73 Wb/off r t. s ~lF 'n A'SX°1.~lst~ t ~ I~ ij !!NIVEI;ZT7Y OF ilOR'ii TEXAS N.A.A.C.F'. FETiTIGN 4;• .'IE ?tl+fJ.en=i Got U.N,T, tw!)port the eFtjAbiiS{'jT,ent of a c::rili~An ~tii_w boaArd for tho city of Denton Poiico 242 Ike, ela 4~~q 44, i !'iJ:'JEIi 'f Cr NORTh TEWS N.A.A.C f•. FET',TIC''t I i at ;.I.K.T. '>U,-,port the eatrib•Iishnent of ilian .a`~iea•E bt.4wcf for t?lo city of clen:on POI IC:e )A' lji'Liner, t, i k5L qfq- PAIQ ,Awl: I I _rJI VEl i N ' IEU 'u»I-i, 111 .1'~ • ~f LI:)GGI'-t. CIE. r:.:iil a a'~~'Y li:rf-` is U 1' ~.i tile-:..?"7'6 1'i::~f' 1.1 . ~ C. 1 J... EI 11 •-U : 1t: 3! LJ AI C, _ 7- W/ Lle 1,U 7 A 1 _ - ~u 7' ~ ~ "CSC ~ C~ _ oA i I l, it i r I _IV• iElia 71 7 _ i,otJfiir- I=.,~r'•::, iv.ri.A.C,F'. PET .I ILr, LlC1 C, l`T N°iA f}I lI;i. ~lii:r ll ti. ~ ri !t: r- Lrlri? t:li:!, Ur , i•n~ , ~1 r'U lt. • t:~. ~ lli;h t?! Sir s C. fl i r IT ell- r -.7,2 OtA _rr y _M , C, ciU 4~ - t 415.0) s s~ o r I J r s FLT;T IC ll part Lire e~ _rabli nm~nt c:'` <:; [4 ` ik :Cl r11 -i nf, i. F , , f it Fil li. c` Tr; Gan p stn-, e lee f~ ti OF iVOF'Th TEXAS PETITIc, i e atwjG-n:a at ~!.h.T. suu-port the eatablisnment of a iew beard fur the city of Denton F'ollco i f ~r- _ _ tilSP~ ' S ~n~0 15 f . 4•G, t - ~t to 1- -7< DILD %vow ~ L L,4 f `1 t t e t 1 ~ • I 6 27 - ig- 7,q-q ; 4sI yo7 ' J4 5'-gS-8355 E all R - _ r~ A t ; r ~ i 1 I )v r t t t rP5 A 1 I ' { I s ivOFT'' Fr.T_Ti E 3i41fj t;n 5. 6t T. 'SUiJF Ot"t tht: C` id LiS,,wLI for Cno C1 ty" pP Dentr),i FUt 1Ct4 Mr- 7 3 Lisa --2 .1)15 ---77CL41 i q ~u+'J ~15Z -~l SY99 A/ k-V7 vu 'N UNIVERSITY OF NORTH TEXAS N.A.A.C.P. PETITION r We the students at U.N.T. support the establishment of a piyil.ixn review'board for the city of Denton Police Deptsriment. 1 NAME ~j f ~(0 5-19-3833 i 270 t I NNW f i ~ tl j .74 itt~ r~ Gs3 6;27 6 lea3 ~ t 14 U111111111111 44 ~7 r 147) ~ 7 t G f _NTVEI;.,:T'r' C' WORTH TE;(r''a J4 A -AX F . PET iTTQN twJL ,n:.q, cAt L!.N T 'ELI!;KrCI'? 1:Ne em CiAb11mater)t of H itArr .-Q\iaa, bc,&wd for the c.zLy o Denton Police t t. i h~ Nlc~~olSvn ; y 9' 77'3SyS yes-s-►-r~:~~ Shari~iQYs - 61 . i F ~ LN:'JEI•F,:r'r' C'r' ivJF:'":~ TF;~r~~i~./1.AC.P, F'ET~.7?.G~` . 3 r t ,T. s~u:Cc r r, tie e roment cf r+ L,~A 71 li;3r > _ b.,;,r,J fur' t u. c.il of Cron Fo ir... C S tmar r;ariE i ~C;L~,~53~~y3 . L3 5-7 ~70 9'703 14 E I _.IV A~IL~tP-~~ I I L,ll?: (]PI`i. C~Y@ Nu, ."idU~lo~"uIIE'I ll lf U'f e3 pE1f1°5111 F U11C: H: 1 1 71 qL ni- r 3,3 - 971+ f. ii i rl +3F.T TF;+fI= N.f1.Fa,C:.F, FET TIi I in ` _ _ f..T. )U.: ~C7f + ?thE• ,L fiVll~lili:E of tilr..lp .J "fGl' Arlo r.lb/ U: GF?fl'l.oo FUG'.. 1.[.. 11.?.fl L~lr it it q,pn _!Jl _ f 1 4.967_ r n- ~15~ 9-Je3 7,4 Lvan ~X I~aneSsa..~ G~ 7 (Z 5 ~.~Qh ~ ~ilnfl eGKxeN.W4 a7~ ^ Li AIT -ft- rrid [t r Y' TCaF'L Nv A,P+,C ,F', PET;TICN j - ttl 'lti+ F. 'V2 :l:~ttCf rr'fi tit:. 1'~ T. Till;},PCit'l: Ltlt.° e'-."ALl.LSr,j'tle of { jylatl 1. dt. tlt,at',J fG~' l:ittr:• C'.1\'`i of ~'+tiifv:oo Police, r' t tf,•iI': Y. . r jNAPIC vaj ' fey L167-3?- Y/ ~t t ' ~ ~ 1575 y9Y- 03-362p Lit, 0I ~"r' ~ 1~ ~ I t, ~ f I d I Qc~ ~'3 17 i i i ' i I _,`JI''%E1• , ''t D WIR" :<r = 14,O 't.i: Y*, F'[7 TIi!v i rf'L'. 15 nmErn t Ct ii _ ' J. iAfS Gi,.VrJ PLY t;lla t.l t'7 of S'•(.1 1t... _ tint :ri+. •'~IG`'E'-C . - 1f.1 ~ Ste' f 2-4 z ►•r.- I . C UB ~1f~~u7r L~5 lr l IS';):), , v 'I I~ ! 4-,~~- rr -G1ruC ' S~y " 55 -8/S / 0 170 1 r E F'GT;TICO.4 the ee:r~bli5hmrr;t c f _.I .•,r r _c~.. a; ,ar d for t.rr, ::11:y c,t UFn on Fq 1C., r:: trnn: 22 h 4 ='f . a f E i lliV:'JEl'u:T.'Y OF NORTH TEXAS tttdvn:;, 6t L!.FJ.T, :;ul:,port the establishment of ca ilinn _ _,x~~•, be.airil for the city of Caen°_an Police . trT, r. q4Y? S7 i _ q - 3 •Sgb3~ o s7~ f y q5S' 67• q30 .at .T.. '.b Lu-,porf. me. L?Si:abl ashat nt Of i3 bv_,rcJ foi CnFi c.il:y of C~_rt on Fua ice: 4 I ~i~+r1` ~:~771~ r p ou (5 73 ~ 51-1 S8 Z J 1 1 O : s!7 12 2?- t zlr . e a ~~`y . Cs I~ i 1 41 jt 7Z, •'./i.(,~r-'44fJ1/YE_Wx1-S - - - , -r 000 1! 0~ f7Z k fL /~uILL'i r .R 1 I let see 414' "'J f ✓ 1 r r ~ i - L"74 Yom,, __..L~-~..~...~ l i 4 i3 Il f _ iE .F I 777 r -lN'`)EF*:,C, ?1' Cr WORTH TEXAN iJ.A,A.C.F'. PETITIGN i 3 ik' ':re *tudon-s at U.N.T. uuaport the establishment of to Iiar-, :-oeiew bQalyd fpr tyre city of Gentnn Po 11ce C~ uc.r trt_n t . a 1 Y _ 43 7190_ 11 ol a n(f) 6 J h j _ 44 :19 -18'3 7 F l I r d loj f 4 poop 1~ vy t~ ".r d] ~'iiJGl?S -r OF NIQRTI-, ;E.XI'lz, id.AJ)-CS'. PET! TIC-w W; c uc,en'..s cit Q.P.T. su:;port the e=.trablisi-rment of ..i C]':'lilnfl :-°-wiew bcarC% for tIILC_1Cy UY Denton Police r-arlr_ MOW I 171 1✓1J , i . wr I~ 1 P Y:. UNIVERS7.Y OF NQRTh TEXAS N.A.A.C.P. PETITION w~ the studon_s at U.N.T. 1.wDport the a tabli%hment of a A ..i:illan :-mview bnard for tho city of Denton Pc Iico AL. )&f,P,rtft*l J. 67-~9-900L) y~. I. r /I:2/J ~,/J]{) {79994 F + . ra._~.r~.. 1. K'~ X49-s - 455 1 af'71 ~ 7fi i - Va cr E~ tt,Vl'JEh'. _l'Y OF iVOFTh TE;iFS iV.A.A:C,F', F6TiT1O'd 4a s:; iti• :'re -tud~'n.a t+t u.w.T. uu:;Gor't the eFt;aUlishnent Of of Denton Police for the City o ' 05S 7177 ~ OS 8 E~p ! '~'lQb-b6.2L?9 i Wil- j1 U id:'JElRSITY Qr WORTH TLXA5 PETITION at L!,I-T. sU"Patt the e_tr+blazhrent of a -,n i2r, Gc,ard for tilo city of Gen`_on Police UA, ` } 253' j L!N.VEF:5'TY OF ,NORTh TEXAS N.A.AX.P. PETITION Ws -`is ctudan-s t•1t U.N.T. t~uaport the a-w tub Iiahmeniof t:i°~ili r, r7view bc;,ar•J for tine city of Denton Rolico AAA t± J t { 7 i I ti i t I f CITY of DE'NTON / 215 E. McKinney / Denlon, Texas 76201 TO CARL YOUNG FROM TOBY R. MAY- MUNICIPAL COURT ' DATE NOVEMBER 12th, 1991 SUBJECT: CASES FOR CARL YOUNG AND CARL YOUNG JR.- DISPOSITIONS DISPOSITIONS ON CASES REQUESTED BY CARL YOUNG CASE # VIOLATION DISPOSITION DEFENDANT 1. 89-00034991 Speeding 42/20 MPH ` g NOT GUILTY 11/20/90 Carl. Young Sr, ' 2. 89-00034992 No Signal of Intent NOT GUILTY 11/20/90 Carl Young Sr. 3. 91-00029468 Disorderly Conduct NOT GUILTY 10/30/91 Carl Young Jr. 4. 91-00059392 Minor in Possession DISMISSED 10/30/91 Carl Young -Jr. of Alcohol ( 5. 84-0001577 Disorderly Conduct NOT GUILTY 02/02/90 Carl Young Jr. 6. 91-00066048 Minor to Possession DISMISSED 09/26/9I Carl Young Jr. of Alcohol i This to to "rtiry that the aboyo Is a tPuo a d corroct copy or t)IS sis filed in the city or I Denton Municipal court, oauso numbor A5 C< 1 w t Wltnoss my orriciai signature This the .1k_day of.&,tV_l9~ i i Dapu y CI r , Munlclpel Court ~ City of Penton i 1 i i After Joyce Young filed the complaint of Sept. 27th (see attaoheds, form) Officer Morris Returned to Joyce Young's apartment on % 10/07/90 and brutalized her. Ms. Young filed a complaint that cannot be found at this time. Ms. Young` hired Attorney Tom Boardman. s i Michael Wilsont Received a Aug. 91 settlement of $150000.00 from the City of Denton. The settlement was related to two (2) Denton city police officers beating him in the bedroom of his apartment. Mr. Wilson retained Tom Boardman as his Attorney. r ~ ~J 3 J f t '•1 r POLICE DPPARTMENT PERSONNEL COMPLAINT I, 7709 cos 2J so s :5-- R #/S8 , wish to make a compl nt ag ns I am alleging that the officer f} eJ N based on the following factal Date Occurred, Q~j AA.,e,Z- ~'efl-C. a-7. /970fi.we Occurredi Qvk {70u,e i s 01-7 Rsc! IVAA V~w7 -17- A i e Q S o euo i:~ YV& qa- ~»n, e -/0 s5~o t' . 4u//-a~i L~ . ~rrr,>1i e P~ ~dl ~~~2?r*n~ + ,4,eai Dom, Q L LmtsL~ IVHey eiedj-/!f r~ ~~~w m„ ,.~r~s Y// ►~~dsz:~/mss le~rf N ~ ~~u~ 'A Z-74/ ed-A i:a ~4~out a ~ii~4~t A.~acry~.y a ~ ~9 ~v oafs cat~uC', a'S,I ,eAiAP. 32 , ~ItS CAR 7-lwadozu iSRS Ssi:~a tfIS eti~ fa/ ~a~ ~v,;~N~.Y ~SB✓ ~ s /1 F nre.~ ~,6 ~ ~ l/.~c.~ o e1 V I' Gui o p a o-;Uy.W /oak /howl A,er, l_.9nr~~cuR/ ~fii►! A// ulA a n_/1i3 o Ru 7 l`1~C, /3/, vi f~ R~'NsQ ~vz .S~' 2 //lcao is uVAS /;U cwl A'j'v i A re t f i q ChR Texas Penal Code, Section 37.02, des gnates an offense if a person, with nterft to deceive and with knowledge of a statements meaning, makes a false statement under oath. eR ~C b S , FtjJ- - S- N tn1C g NatAb Address Phone N This instrument was acknowledged before me on ~o~ 990 by I AU BfIGL ~c~i Yt~ ~attcs _ H. SUMMERS' A NOTARY PUBLIC IN AND FOR TFiE ST ROBERT AT OF TE%AS f !i +r~x ruBUC, swt Or If% 14y commission expires on1 %0. rat C. mulwoti,%11-V 12,19) 00 € supervisor Taking Complaint Date Time Sppe isor vest, tang Date Completed Date/Time Complainant Notified I' (Attach all statements, investigative reports and recommendations.) . ~Cplaint Declared2 p Unfounded (~j Exonerated Not sustained { ) sustained T° 5 t I DATEt 12/03/91 CITY COUNCIL REPORT FORMAT TO! Mayor and Members of the city council FROMS Lloyd V. Harrell, City Manager I SUBJECTS 2-91-016 REZONE A 13,460 SQ. FT. TRACT OF LAND LOCATED AT THE ; SOUTHWEST CORNER OF BERNARD AND FANNIN STREET. s , i RECOMMENDATION! " Planning and Zoning Commission recommended approval at its November 14, t a i 1991 meeting (4-0). ' t SUMMARYS ' . This request is to rezone a tract of land from the SF-7 (residential) district to the 2F (two family) district. s BACKGROUNDS j See P6Z Report. PROGRAMS. DEPA_RTHENTS OR GROUPS AFFECTEDt Neighbore, Planning Department and Building inspections FISCAL IMPACTi ! j N/A Respe ully a t i r Prepared by! Llo d Harrell } City Hanager Ka en K. eahari U an Planner A ad Frank H. Robbins, AICP Executive Director Planning and Development AXXOOSD t a.,a p`.l45.s r 3 PLANNING AND ZONING COMMISSION REPORT Tos Denton Planning and Zoning Commission s Case No.c Z-91-016 Keating Dates 12/03/91 OMRAL INFORMATION Applicant: John C. Johnson P. 0. Box 1603 Denton, TX 76202 Current owners Same as above. Requested Actions Rezone a 13,460 sq. ft. tract of land from , SF-7 (single-family residential) to 2F (two family residential). Location and Bisset sA 13r460 outhwest aq corner ft. tract of land located at the Streets. Surrounding Land Use and Zonings North MF-1 Apartments South - SF-7 Residential East - MF-1 Apartments West - SF-7 Residential Denton Development Plans Low Intensity Area SPECIAL INFORMATION Transportation/Drainages i 1. Five (5) feet of additional right-of-way is required on Bernard Street. l 2. Sidewalks will be required on both frontages of the property. i } 1 iti. dt{.l~S+e (Case Z-91-016) Page 2 I 3. One drive approach will be permitted on Fannin Street at least 50 feet from the corner. No drive approach will be i permitted on Bernard St. 4. The drive approach should be at least 20 feet wide but no more than 24 feet wide. a 5. The drive lane between parking spaces need to be at least 24 ~ E feet wide. 6. The property is small, previously developed with houses and drains towards the street; therefore, additional drainage improvements are not required. 7. Existing street sections are adequate so no improvements } are required. Fire Protections 1. Hydrant spacing is adequate. i 2. Fireflow is adequate. f Utilities: Walter/Wastewater/Wastewater i I 1. Six (6) inch water lines are located on Fannin and f Bernard Streets. 2. Six (6) and eight (8) inch sanitary sewer lines are located on Fannin Street. A six (6) inch sanitary sewer is located on Bernard. Parks: 1. As with all residential development, the Park. Donation Policy is applicable. This policy, developed in cooperation with the development community is intended to provide equitable guidelines to be used by persons developing residential properties within the City of Denton and its ETJ for the purpose of encouraging participation in a cooperative effort to provide for the parks or improvement of parks which will be needed to serve those developments. This policy is { j a voluntary program. A fee should be paid in lieu of donating land for any residential development containing less than 500 units. The fee should be in 1 1 P a 1 I I (Case 3-91-016) Page 3 a minimum amount equal to one-fourth (1/4) of one percent (1%) of the const,uction value of the dwelling, as identified on the building permit. i ' tl I HISTORY I Since 1969, there is no zoning activity on this site. Planning and Zoning commission recommended approval (4-0) at their meeting of November 13, 1991 rezoning this tract from SF-7 to 2F. F ANALYSIS 3 r This property is located in a Low Intensity Area which is r surrounded by Moderate Activity Centers. Low Intensity Areas are intended to protect and preserve residential neighborhoods in the city. This tract of land is located in Intensity Area No. lls which is in an overallocation location status of 202 percent. The Plan states that in situations of over-allocation, we must examine the "least intense most logical land use" of the property. In looking at the surrounding area, there are apartments located to the north and east of the site and single family units to the west and south. Duplexes would be considered a logical land use transition between multifamily and single family dwellings. Therefore, this propsed rezoning does not appear to be a violation of the Denton Development Plan. RICONNLNDATION 1 Planning and zoning commission recommends approval of Z-91-016 I (4'0) i S rt. prima-, CAI • g j I i I (care 8-91-016) page 4 ALTmWATIVBB 'r 1. Approve petition. ? 2. Approve petition with additional conditions. 3. Deny petition. ; 4. Postpone a decision. tE f ATTACM40MS j , 1. Location Map 2. site map (Proposed Replat) 3. Proposed Site Design l 4. Minuted 5. Ordinance I f AXX0005D ; I i I r i ATTACHMENT 1 Z 91-U16 Bernard and Fannin NORTH CAA L~_~ CAA GI~1..y~ vq i _ t 1 J I IL..~--~ ( ~ r a EAGLE y ` { II` r ~ N ``{fI (r/// `!I'^lI 4 ~ NI w IM j DATE; 1111!91 SCALE; NONE l.r. , - C,a'Rfer 'r fk¢Jy7 _ _ if ATTACIMENT 2 FANNIN STREET 134.6' co LOr 1B ' BL OCK t 40 6 134.6' r ~ E . LOr is BLOCK 4 N t 134.5' i AS CURRENTLY PLATTED AS PROPOSED REPLAY a FANNTN STREET I o LOT m LOT 16A o ~C ( BLOCK 4 BLOCK 4 o I + m i i 67.11 AEPLAT OR LOTS 15 1 Igo SLOCK 4o HILLSIDE ADDITION Lj ATTACHMENT 3 I Too 3A ►~Iol~-- ;~s .E?~.Vir' ~`t'nA~ - - E { k IN- = - - - - - - - - --Y----f' - - - ---111 '1? 6'j - - - - - f t ' j - 67~- - l Y r5t I I lei } 7 ATTACHMENT 4 DRAFT MINUTES Planning and Zoning Commission November 13, 1991 The regular meeting of the Planning and Zoning Commission of the City of Denton, Texas, was held on Wednesday, November 13, 1991, at 5:00 p.m. in the Council Chambers of the Municipal Building. Present: Jim Engelbrecht, Ivan Glasscock, Mary Evelyn Huey, William Kamman, and Frank Morgan t Absent: Roy Appleton III and Judd Holt Present from Staff: Frank Robbins, Executive Director for Planning and Development; David Salmon, Engineering; lE; Karen Feshari, Urban Planner; Owen Yost, Urban Planner; Joe Morris, Assistant City Attorneys and Olivia Carson, Secretary Vice Chairman Kamman called the meeting to order. 1. Consider the minutes of the October 23, 1991 regular meeting and the special called meeting with the Zoning Ordinance Task Force: held October 24, 1991. Ms. Huey stated that paragraph 3, page 1 of the October 23, 1991 meeting should read "Ms. Huey questioned the amortization procedure and asked if it required bonding prior to initiation". It was moved by Mr. Glasscock, seconded by Mr. Engelbrecht and unanimously carried (4-0) to approve the minutes of October 23, 1991, as corrected. Motion was made by Mr. Kamman, seconded by Mr. Glasscock and unanimously carried (4-0) to approve the minutes of the special called meeting with the Zoning Ordinance Task Forge of October 24, 1991. II. Hold a public hearing and consider rezoning a 13,460 square foot tract of land from SF-7 to 2F (Two Family) on property located on the southwest corner of Bernard and Fannin Streets. 444 Thirty-two notices were mailed -to property owners within 2001 of the tract; two were returned in favor of the petition and one person called from Hawaii that was concerned about additional traffic. s Staff Report: Ms. Feshari presented the staff report (attached). Petitioner: John C. Johnson stated that he owns the lots in question. He said that the staff report covered all the F T eryyjl n P4Z Minutes Lull A 79T ! November 13, 1991 Page 2 i issues except the fact that there has been no new activity in the area for years. Anything he does can't hurt the area. t Anything new will improve it. The lady from Hawaii owns the adjacent property to the south and she was the one who r initially contacted him and suggested the.", rezoning be sought for both her property and his. It turned out that her lot is not wide enough for 2F zoning so he is surprised by her comments. Her property is vacant and he has offered to help her do something with her lot. He discussed his proposal with i the neighbor on the west and she is happy that something new is proposed. The old house presently on the property has been renovated and will be rented soon. His plans are to establish housing for low middle-income people. There are programs ti available for low-income people. The affluent are too difficult to deal with. His rents will not be low but they will be fair. He will be putting a house on Lot 15A and join it with the existing house to make a duplex. The lots will be productive and attractive. This will be a good addition to the neighborhood. He may build now buildings on the other lot or move other houses onto it and renovate them. No one was present to speak in favor or opposition to the petition. Recommendations Ms. Feshari stated that staff recommends approval. Mr. Kamman closed the public hearing. Mr. Glasscock moved to recommend approval of Z-91-016. Motion was snoonded by Mr. Engelbrecht and unanimously carried (4-0). Ms. Morgan arrived at the meeting. j i 9.A4eidu'p 1 C~ YSTR~ ATTACHMENT TO THE MINUTES STAFF REPORT R To: Denton Planning and zoning Commission + Case Noe: Z-91-016 Meeting Date: 11/13/91 yy GENERAL INFORM!*,TION Applicant: John C. Johnson ' p. 0. Box 1603 ' Denton, TX 76242 I l Current Owner: Same as above. I Requested Action: Rezone a 13,460 sq. ft. tract of land from SF-7 (single-family residential) to 2F (two family residential). Location and Sizes A 13,460 sq. ft. tract of land located at the southwest corner of Fannin and Bernard , Streets. j ' Surrounding Land Use and coning: North - MF-1 Apartments South - SF-7 Residential East - MF-1 Apartments West - SF-7 Residential Denton Development Plans Low Intensity Area BPECIAL INRORKhTI01F Transportation/Drainage: 1. Five (5) feet of additional right-of-way is required on Bernard Street. j 2. Sidewalks will be required on both frontages of the property. S i r r Psattsn: I (cane 2-91-016) Page 2 3. one drive approach will be permitted on Fannin Street at least 50 feet from the corner. No drive approach will be permitted on Bernard St. 4. The drive approach should be at least 20 feet wide but no j more than 24 feet wide. { 5. The drive lane between parking spaces need to be at least 24 feet wide. 6. The property is small, previously developed with houses and drains towards the street; therefore, additional drainage improvements are not required. 7. Existing street sections are adequate so no improvements are required. Fire Protection 1. Hydrant spacing is adequate. 2. Fireflow is adequate. Utilitiesl Water/Wastewa a 1. Six (6) inch water lines are located on Fannin and Bernard Streets. 2, six (6) and eight (8) inch sanitary sewer lines are located on Fannin Street. A six (6) inch sanitary sewer is located on Bernard. Parks ! 1, As with all residential development, the Park Donation + Policy is applicable. This policy, developed in cooperation with the development community is intended to provide equitable guidelines to be used by l persons developing residential properties within the city of Denton and its ETJ for the purpose of encouraging participation in a cooperative effort to provide for the parks or improvement of parks i which will be needed to serve those developments. This policy is E intended to be a voluntary program. A fee should be paid in lieu of donating land for any residential development containing less than 500 units. The fee should be in ~ E SY.IIfsJ'y~ r i 41, 1 (case Z-91-016) Page 3 a minimum amount equal to one-fourth (1/4) one percent (1%) tof the construction value of the dwelling, as identified on building permit. i j HISTORY G { There is no prior zoning activity on this site. ~ F s ANALYSIS 3 This property is located in a Low Intensity Area which is surrounded by Moderate Activity Centers. Low Intensity Areas are intended to protect and preserve residential neighborhoods in the city. t This tract of land is located in intensity Area No. 118 which is in an overallocation location status of 202 percent. The Plan states that in situations of over-allocation, we must examine the "least intense most logical land use" of the property. in looking at the surrounding area, there are apartments located to the north and east of the site and single family units to the west dellingsnd use Duplexes would multifmily be considered a south. and and single family logical transition between Therefore, this propsed rezoning does not appear to be a violation of the Denton Development. Plan. R8COXXX DATIODi staff recommends approval of Z-91616. i i t i i aiwpdocs\hlllslde.o I , ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM ONE-FAMILY DWELLING (SF-7) TO TWO-FAMILY DWELLING (2F) ZONING i DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 13,460 SQUARE FEET OF LAND LOCATED AT THE SOUTHWEST CORNER OF FANNIN AND BERNARD I , STREETS IN THE HILLSIDE ADDITION TO THE CITY OF DENTON, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. i I i WHEREAS, John C. Johnson has applied for a change in zoning for 13,460 square feet of land from one-family dwelling (SF-7) to two- family dwelling (2F) zoning district classification and use designation; and I J WHEREAS, on November 13, 1991, the Planning and zoning Com- mission recommended approval of the requested change in zoning; and i WHEREAS, the City Council finds that the change in zoning and approval of the detailed plan will be in compliance with the Denton Development Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION L. That the zoning district classification and use designation of the 13,460 square feet of land described in Exhibit A, attached to and incorporated into this ordinance by reference, is changed from one-family dwelling (5F-7) to two-family (2F) dwelling zoning district classification and use designation under 3 LJ the comprehensive zoning ordinance of the city of Denton, Texas. SECTION II. That the city+s official zoning map is amended to show the change in zoning district classification. y 3 ACTION III. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. That this ordinance shall become effective four- teen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be s published twice in the Denton Record-Chronicle, the official news- ; paper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 1991. BOB CASTLEBERRY, MAYOR tjgy. • ` .r KRS 1 1 1 ATTEST: JENNIFER WALTERSo CITY SECRETARY BY: j APPROVED AS TO LEGAL FORM: d DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: S ' i 3 1 1 i i ' i PAGE 2 fan i "1 rAl i y "VAIWc) t i EXHIBIT "A" k 907 FANNIN i. All that certain lot, tract or parcel of land situated in the City and County of Denton, State of Texas, and being designated k as part of the West one-half of Lots No. Fifteen (15) and Sixteen (16) in Block No. Four (4) of the HILLSIDE: ADDITION to S said City of Denton, Texas, and described as follows, to-witi ; BEGINNING at the Northwest corner of Lot No. 16, in Block No. 4 of said Hillside Addition; ! THENCj East along the North line of said Lot No. ib about 57 feet, more or less, to a point for corner, said point being dale North of the center of a double garage located on said Lot 16; THENCE Sauth continuing through the center line of said double garage a total dtstance of 100 feet to a point in the South line of Lot No. 15, in Block No. 4 of said Addition; i THENCE West along the South line of Lot No. 15 in Block No. 4 of said Addition to the Southwest corner of said Lot Nci, 18; THENCE North along the West line of Lots 15 and 16 a distance of 100 feet to the Place of Beginning. j pa. ,r en?4_i {3Nrfi a I 1i EXHIBIT "A" 1402 BERNARD All those certain lots, tracts or- parcels of land known a' '.i designated as being part of Lots No. Fifteen (15) and Sixte•_! (16) in Block: No. Four (4) of the HILLSIDE ADDITION to the Cit/ of Denton, Denton County, Texas, being more particularly describ- ed as follows% ii i BEGINNING at the Northeast corner of Lot 16 in Block 4 of said Addition; THENCE West along the North line of said lot, 77.6 feet, more or, less, to the Northeast corner of a tract described in a deed from k 0. L. Owens, et ux, to C. H. Gregory, et ux, of record in Volume 317, Page 199, Deed Records of Denton County, Texas; THENCE South along the East line of said Gregory lot, passing through the center of a double garage, 104 feet for corner in the South line of Lot 15 in said Block: 4 of said Addition; THENCE East along the South line of Lut No. 15, in Block 4 of said Addition, 77.6 feet, more or less, for corner, same being 1 the Southeast corner of Lot No. 15; i F THENCE North along the East line of Lots 15 and 16, Blor.k 49 100 feet, to the Place of Beginning. 4 I, y C4i:1i',15/ n 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. 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 1 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 WHEREAS, the City Council has provided in the city Budget for the appropLiation 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: SECTION, 1. That the numbered items in the following numbered i j bids for materials, equipment, supplies, or services, shown in the "Proposals" on file in the Office of the City's Purchasing Agent filed 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 BID #1294 ALL Horton Tree Service EXHIBIT A BID 11298 ALL Darr Equipment $185,390.00 BID 11300 ALL Floyd Glenn Smith $ 17,250.00 SECTION That by the acceptance and approval of the above 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 in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the invitations, Proposals, and related documents. 1 ~ ~ q Vsad_t,ypq Y I~.~WY3@`. i r SECTION III. That should the City and persons submitting ap- proved and accepted items and of the submitted proposals wish to enter 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, 4 specifications, standards, quantities and specified sums contained in the Proposal and related documents herein approved and accepted. t SECTION IV. That by the acceptance and approval of the above numbered items of the submitted proposals, the City Council hereby authorizes the expenditure of funds therefor in the amount and in i accordance with the approved proposal or pursuant to a written contract made pursuant thereto as authorized herein. 0,92 10N V. That this ordinance shall become effective im e- 1. diately upon its passage and approval. PASSED AND APPROVED this day of , 1991. J BOB CASTLEBERRY, MAYOR t i ATTEST: JENNIFER WALTERS, CITY SECRETARY I, j j BY: j APPROVED AS To LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY i BY: f I S f f DATE:December 31 1991 CITY COUNCIL REPORT T0: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager i SUBJECT: BID #1298 LANDFILL COMPACTOR y RECOMMENDATION: We recommend this bid be awarded to the only bidder responding, Darr Equipment in the amount of $190,390.00 for a 8168 Caterpillar Landfill Compactor. We also recommend the F offer for $5000.00 trade In for the 1978 Compactor be accepted reducing the actual bid expenditure to $185,390.00. SUMMARY: This bid is for a landfill compactor for use a the City of Denton Landfill. This 1978 model compactor n3 longer economical to maintain. Currently the unit is out of service and in need of major repairs to engine, differential and transmission brought on by high usage and excessive wear. Landfill compactors that are used to compress or pack the refuse as it is released from the trucks are critical to the life expectancy of the landfill and to compliance with state and federal regulations. The single bid response to this request is due to a very limited number of companies remaining An the four (4) wheel compactor business. Caterpillar is the only one to the best of our knowledge. Because of the terrain and design of our landfill ! the four wheel compactor design is fav superior in compaction efficiency when compared to the three wheel (tricycle) design of the other manufacturer of landfill compactors. E BACKGROUND: Tabulation Sheet. PROGRAMS DEPARTMENT OR GROUPS AFFECTED: Solid Waste Landfill Operations and Motor Pool. FISCAL IMPACT: This acquisition will be funded as a portion of Bid #1299 Lease/Purchase Financing approved by Council on November 19, 1991. Yho lease payments will come from funds approved during the budget process for replacement of the 1978 compactor. R'QKA2!I i, E I CITY COUNCIL REPORT DECEMBER 31 1991 PAGE 2 OF 2 Respec ully submitted s I I Lloyd ~l Harrell City Manager 2 Approved by: j Names Tom D. Shaw, C.P.M. Title: Purchasing Agent TS/jh 1 208.DOC i i i i l BID 1298 I I ! I I SID NAME LANDFILL COMPACTOR I DARR I EQUIPMENT I J OPEN DATE NOVEMBER 21, 1991 ~ ~ I I --I--------------- - _r_rrr-.•.n_ _ ITEM DESCRIPTION f I QTY I _-I--------------------r-----_-I---------_-----I t ~ f I I i ~ f. 1. 1 I LANDFILL COMPACTOR I $190,390.00 f i 816 B I ! I TRADE IN OLD UNIT f $50000.00 J I q I OUTRIGHT PURCHASE OF OLD I I' UNIT i $185090.00 I I ~ F.O.B. i DENTON I K I DELIVERY f MIA JAN I j I i I /4"'' k+tyiZgiR F p BID n 1294 I I I I I I BID NAME TREE TRIMMING I HORTON TREE SERVICE I I I I 1 OPEN DATE OCTOBER 291 1991 I 1 I _I i n QTY I ITEM DESCRIPTION 1 I 1 A f OPEN EASEMENT I $0159 I , B I CLOSED EASEMENT $1116 I EXHIBIT A k I I I I C I COMBINES OPEN & CLOSED I $0,85 I S ' I I EASEMENT I € D I I TRIM BELOW PHONE LINES I ADDIL .15 I I I I E I I TRANS, LINE R.O.W. i $1.20 I I I I ~ t t r.. ,6;n..:.. 7 E i I DATEsDecember 3, 1991 r CITY COUNCIL REPORT : TO: Mayor and Members of the City Council E FROM: Lloyd V. Harrell, City Manager y SUBJECTS BID# 1294 - TREE TRIMMING RECOMMENDATIONS We recommend council approve award of Bid $1294, Tree Trimming to the low bidder meetinr ^necifications, Horton Tree Service, in the following amountsS i A. Open Easement 59 per foot B. Closed Easement 1.16 per foot C. Combines Open & Closed .85 per foot D. Trim Below Phone Lines (add11) .15 per foot E. Transmission Line ROW 1.20 per foot i SUMMARY: Bids are received annually for the trimming of trees. It is estimated that 50,000 feet of line is to be cleared between January 15 and April 15, 1992. Unit pricing is outlined in the recommendation above and on the tabulation sheet. When GTE requests trimming below the phone lines historically one half of thhas been at E thiin and s year it is expected that this practice will remain in effect this year also. BACK ROUNDS Tabulation sheet. PROGRAMS, DEPARTMENT OR GROUPS AFFECTEDs Electric Distribution. FISCAL IMPACTS The payments shall be mace from budgeted funds account ik610-080-0252-8338. Respec lly submitt ds i L1 yd V. Ha cell City Manager Prepared byS Names molanie Harden Title: Buyer Ap Y Names Tom Shawn C.P.M. Titles Purchasing Agent TS/jh 207.DOC ~ uLecckrv~ ~ l i BID # 1294 s I I I I BID NAME TREE TRIMMING I HORTON TREE I WHITMIRE I TREES, INC. I I SERVICE ILINE CLEARANCE I I I I ~ I OPEN DATE OCTOBER 29r 1991 1 I i I M I I I I _ I ~I I I ' # QTY I ITEM DESCRIPTION I VENDOR I VENDOR I VENDOR ` I I. I I I I I A I I OPEN EASEMENT $0.59 i $0.62 1 $1.20 I I I B I I CLOSED EASEMENT $1.16 I $1.24 I $1.80 I I I I I I C I I COMBINES OPEN & CLOSED I $0.85 I NIB $1.45 I z P I I EASEMENT I I I I i, ~ I I I I I I • D I I TRIM BELOW PHONE LINES I ADD'L .15 I OPEN .77 I ADD+L .50 I i I I I I CLOSED 1.54 I I I I E I 1 TRANS. LINE R.O.W. I $1.20 I $1.80 I $3.00 1 I I I I I j { t I i j i 1 i I 5 1 YH" r 'Y'.• fSil`tiln F v L DATE: December 3, 1991 CITY COUNCIL REPORT r i TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager ff"9JECT: BID #1300 - CONCRETE CONTAINMENT TANK RECOMMENDATIONS We recommend council approve award of Bid #1300 - Concrete Containment Tank to the low bidder meeting specifications, Floyd Glenn Smith, in the amount of $17,250.00. r SUMMARY: Bids were received for the construction of a concrete containment area for chemical storage tanks. This construction is to take place on site at the City of Denton Electrical Production facility. The divided and diained 201W x 201L x 6'H concrete construction will be a housing for two (2) chemical i storage tanks. i BACKGROUNDS Tabulation sheet. k PROGRAMS, DEPARTMENT OR GROUPS AFFECTED: Electric Production, FISCAL IMPACT: This purchase will be funded by account E #610-080-0251-9205 which is an approved budget fund for fiscal year '92. Respec lly submitted: s L1 yd V. Harrell City Manager Prepared bys Name: Melanie Harden Titles Buyer Approved: t_ Nerves Tom D. Shaw, C.P.M. Title: Pur..hasing Agent Ts/jh 206.DOC t i ' BID A 1300 I I I BID NAME CONCRETE CONTAINMENT I FLOYD I SOUTHWEST I ! GLENN SMITH I INDUSTRIAL I I CONSTRUCTORS ! OPEN DATE NOVEMBER 19, 1991 i i INC, QTY i ITEM DESCRIPTION E 1, 1 I CONCRETE CHEMICAL I I ! CONTAINMENT TANK I $17,250,00 1 $19,932,00 I ! I I ' I ! I I i ;TAX $480 ON NAT I ! I I ~ ! I I ' r i j , ,,e .vers..u 8 ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. 1 WHEREAS, the City has solicited, received and tabulated com- petitive bids for the construction of public works or improvements r in accordance with the procedures of state law and city ordinances; and i 1 WHEREAS, the City Manager or a designated employee has receiv- ed and recommended that the herein described bids are the lowest . responsible bids for the construction of the public works or im- provements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the following competitive bids for the con- struction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as be- ing the lowest responsible bids: BID NUMBER CONTRACTOR OU T BID 1 1305 JACOE PUBLIC CONSTRUCTION CO. $980053.00 SECTION JI,. That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, after notification of the award of the bid. SECTION III. That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Propos- als, and documents relating thereto specifying the terms, condi- 44 WWI I I i t,ions, plans and specifications, standards, quantities and speci- fied sums contained therein, 1 ; { SECTION IV. That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council here- by authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts i; executed pursuant thereto. SECTION V.' That this ordinance shall become effective im- mediately upon its passage and approval. r PASSED AND APPROVED this the day of 11991. E i BOB CASTLEBERRY, MAYOR T ATTESTt 1 JENNIFER WALTERS, CITY SECRETARY !I ' I , BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY. T - - _ - - .v.. RYaVJ[' q`7 Y 1 . j DATE: December 3, 1991 f CITY COUNCIL REPORT i TO: Mayor and Members of the City Council i FROM: Lloyd V. }carrell, City Manager j SUBJECT: BID #1305 NOTTINGHAM DRAINAGE IMPROVEMENTS RECOMMENDATION: We recommend this bid be awarded to the lowest bidder meeting specifications, Jagoe Public Construction Co. in the amount of $98,053.00. ' SUMMARYt This bid is for the labor and materials to complete the project identified in Bid #1305 - Nottingham Drainage Improvements. The bid includes approximately 1400 feet of reinforced concrete cylinder pipe, excavation, asphalt patch and 2000 square yards of hydromulch. The project is located in an area south of University Drive East, to Mingo Road, and East of Navaho, to Village East Drive. BACKGROUND: Tabulation sheet. f' PROGRAMS, DEPARTMENT OR GROUPS AFFECTEDt City of Denton Engineering Department and the Citizens by Denton. FISCAL IMPACT, This project will be funded from CIP Drainage Improvement Funds Account #443-020-GRAN-9101-9108 #443-020-STRT-9101-9105 f Respe ully su m tt t 10 Harrell City Manager Approved By: Names Tom D. Shaw, C.P.M. r Title, Purchasing Agent TS/jh { 209.DOC h l.l. I ti, +~Rld.Mrit t.W1F"idKy f BID 0 1305 I f I f f I ! E I f I I I 1 BID WE N01Z72+1ii1AM DAAINAM ! ATKW BFW ! MR OIW- ! JACOE I DIClCEti9ClJ I SUPZiJUt1f ! I E KR iO f CCNSMJMCN CORP. I ! I I I E OM DATE N0VMM 21, 1991 I E I ! i f I f I I I ! QTY I rrM DE9MI CN ! ! I I I i h ! I E. f 1_ ! 11 'lCTPAL BID PME I $138,138.00 1 $119,200.00 1 $98,053100 1 $118,072100 I $121,611.00 f t I I I ! I i # I I I I I I f I I BID WID I YES I YES I m I Yes I YM i I I I I I I I I I I I I I 1 t r 1 , E~ { li +I ~4 01 i fv~ DATE; 12/U3/91 CI_LY~QNCIL REPOBL FORMAT TO: Mayor and Members of the City Council r FROM: Lloyd V. Harrell, City Manager SUBJECT: ADOPTION OF TMRS UPDATED SERVICE CREDITS AND ANNUITY INCREASES BE~MME)~~AT IoN_ ~ It is recommended that the city of Denton adopt an ordinance authorizing the , implementation of Updated service Credits and Annuity Increases an an annually reg9A_tin9 basis, as authorized by the i9g1 amendments to the Texas r f Municipal Retirement System (TMRS) Act. Funding for this program has been approved by the City Council in the 1991/92 budget. i.` i k AL 4A&t s The annually repeating provision will allow the City to continue to bring employees' retirement benefits closely in line with their current salary. Retirement benefits would be based on the average 30 months salary preceding each effective January 1. (For example, January 1, 1992 will based on 1988, 1989 and 1990 average salary). 0 D' ~ In the past throe years (1986/89, i9l'9/90 and 1990/91) the City Council has approved the adoption of Updated Service Credit and Annuity Increases on 1 presently 1 matching Retirement salary, with contributing a 2 to to the ratio benefit annual de basis. 6% of h an City is to fit ` to employees. The amendment of the TMRS Act in 1991 offers member cities the opportunity to adopt Updated Service and Annuity Increases on a repeating calculation bases. The adoption of the annually repeating calculation provision would authorize us to implement Updated Service Credit and Annuity Increases on January i of each subsequent year, following the City Council's approval of funding for the program during the budget process. The annually repeating provision eliminates the need to adopt a separate ordinance for Updated Service Credit on an annual basis. If the City Council adopts the ordinance for the annually repeating calculation of Updated Service Credit and Annuity Increases , the following would occur. o Benefits would continue to be calculated based on employees' average monthly salary for the three years prior to January 1 of each subsequent year until this ordinance is rescinded by the City Council i o Benefits for January 1, 1992 will be based on the deposit rate confirmed at 6.80% and approved by Council during the 1991/02 budget. i f INK! ~ hIr i j City Council Report Format Page 2 o Benefits will continue to be calculated based upon a 2 to 1 matching ratio in effect on January 1, 1992. s A comparison of the TMRS contribution rates for 1990/91 and 1991/92 shown , o 1990/91 - 6.37% Overall TMRS contribution rate ; .03% Updated Service Credit rate 6.40% Total TMRS contribution rate o 1991/92 - 6.76% Overall TMRS contribution rate .06% Updated Service Credit rate 6.80% Total TMRS contribution rate ; s [luring the 1991/92 budget process, Council approved $8,339 (General Fund $4,671; All other Funds $3,668) for Updated Service Credit using TMRS actual ii rates for 1992. i In subsequent years, TMRS will conduct an actuarial study to determine our contribution rate for each year. The rate will be inClUded in our budget proposal, as part of the budget approval process through the City Council. ! r Adopting the new provision for the annually repeating calculation will allow f us to provide continuing protection against inflation for both employees and 1 current retirees. Our TMRS contribution rate will continue to be realigned against inflation. ±°ROOR&Sj_UEE&RIffn$_O12 GROUPS AFMCTE4; The adoption of Updated Service Crodits and Annuity Increases will affect all City employees eligible to participate in the Texas Municipal Retirement System and retirees currently receiving benefits. Council approved $8,339 for Update Service Credit for the 1991/92 fiscal year: General Fund $4,671 Other Funds 31668 I TOTAL. $8, 339 i i NOTE: The cost is calculated at .06% increase for 9 months. t i 5i1,8kS5y 6 ♦ Nt4..V.:/1 ~6 { i f I I City Council Report Format Page 3 Respectfully Submitted: i , yd V, Harrell City Manager Prepared by; i Thomas W. Klinck, Director Personnel/Employee Relations 1 ~ App *ad: S ve Director Municd Economic Development crptmrgl.prn r ti I AAN000E0 1410,11 ORDINANCE NO. AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN THE SYSTEM ON AN ANNUAL BASIS FOR SERVICE PERFORMED BY QUALIFYING MEM- BERS OF SUCH SYSTEM WHO, AT THE EFFECTIVE DATE OF THE ALLOWANCE, ARE IN THE EMPLOYMENT OF THE CITY OF DENTON; PROVIDING FOR IN- CREASED PRIOR AND CURRENT SERVICE ANNUITIES FOR RETIREES OF THE CITY; AND ESTABLISHING AN EFFECTIVE DATE. THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: t SECTION I. Authorisation of updated Service Credits. (a) On the terms and conditions set out in sections 853.401 through 853.404 of Subtitle G of Title 8, V.T.C.A., Government code, as amended (hereinafter referred to as the "TMRS ACT"), each member of the Texas Municipal Retirement System (hereinafter re- ferred to as the "System") who has current service credit or prior I service credit in the System in force and effect on the let day of January of the calendar year preceding such allowance, by reason of service in the employment of the City of Denton (hereinafter called t the "City"), and on such date had at least 36 months of credited service with the System, shall be and is hereby allowed "Updated f service credit" (as that term is defined in subsection (d) of Section 853.402 of the TMRS Act). i (b) On the terms and conditions set out in Section 853.601 of the TMRS Act, any member of the System who is eligible for Updated Service Credits on the basis of service with this City, who has un forfeited credit for prior service or current service with another participating municipality or municipalities by reason of previous service, and was a contributing member on January 1, 1991, shall be credited wieh Updated Service Credits pursuant to, calculated in accordance with, and subject to adjustment as set forth in said Section 853.601, both as to the initial grant hereunder and all } future grants under this ordinance. (e) The Updated Service Credit hereby allowed and provided for shall be 1004 of the "base Updated Service Credit" of the member IE (calculated as provided in subsection (c) of Section 853.402 of the TMRS Act). (d) Each Updated Service credit allowed hereunder shall, re- place any Updated Service credit, prior service credit, special prior service credit, or antecedent service credit previousl ! authorized for part of the same service, y (e) In accordance with the provisions of subsection (d) of Section 853.401 of the TMRS Act, the deposits required to be made to the System by employees of the several participating departments S M on account of current service shall be calculated from and after the effective date of this ordinance on the full amount of such person's compensation as an employee of the City. SSECTION II. increase in Retirement Annuities. t (a) on terms and conditions set out in Section 854.207 of the TMRS Act, the City hereby elects to allow and to provide for pay- ment of the increases below stated in monthly benefits payable by the System to retired employees and to beneficiaries of deceased employees of the city under current service annuities and prior service annuities arising from service by such employees to the person annuity City. An annuity increased under tha~st section the resame places granted or increased annuity previously (b) The amount of the annuity increase under this Section is computed as the sum of the prior service and current service annu- ities on the effective date of retirement of the person on whose service the annuities are based, multiplied by 70% of the percent- age change in Consumer Price Index for All Urban Consumers, from } December of the year immediately preceding the effective date of the personfs retirement to the December that is 13 months before i the effective date of this Section. (c) An increase in an annuity that was reduced because of an option selection is reducible in the same proportion and in the same manner that the original annuity was reduced. h (d) If a computation hereunder does not result in an increase in the amount of an annuity, the amount of the annuity will not be changed hereunder. (e) The amount by which an increase under this Section exceeds of t its increases account in to an annuitant is the an obligation all he previously of t accumulation City land granted fund of the System. AEC'TION III. Dates of 11lowaaces and increases. The initial allowance of Updated Service Credit and increase in retirement annuities hereunder uhall be effective on January 1, 1992, subject to approval by the Board of Trustees of the System. An Allowance of Updated Service Credits and an increase in retire- ment annuities shall be made hereunder on January 1 of each subse- quent year until this ordinance ceases to be in effect under sub- section (3) of Section $53.404 of the TMRS Act, provided that, as to such subsequent year, the actuary for the System made tthe he determination set forth in subsection (d) Section TMRS Act. PAGE 2 1 '.\S 1,.r !)411•!:;44 I + t ~ i 1 I G SECTION IV. Effective Dsts. Subject to approval by the Board of Trustees of the System, k this ordinance shall be and become effective on the Ist day of January 1992. PASSED AND APPROVED this the day of 1991, i BOB CASTLEBERRY, MAYOR 1 ATTEST: JENNIFER WALTERS, CITY SECRETARY i BY: 1 APPROVED AS TO LEGAL FORM: t DEBRA A. DRAYOVITCH, CITY ATTORNEY 4 t i BY: i i h i i PAGE 3 f' I -N 0*Q L ~i;- TEXAS MUNICIPAL RETIREMENT SYSTEM 1200 NORTH INTERSTATE )5. AC $12/476.7577 P IC O 2 EX ~ 760 5 I July 24, 1991 I ~ I i Mr. Thomas Kiinck Personnel Director I City of Denton 215 East McKinney Denton, Texas 76201 1 I Derxr Tom: I I I The Updated Service Credit and Annuity Increases study for the City has been completed, i i Enclosed is an Explanation of Plans, along with benefit estimates for both active employees and retirees under the various proposed plans. Under Plan 1, the City can adopt 100`U Updated Service Credit, Including the Updated Service Credit for 15 transfer member(s) with unforfelted credit in other TMRS member cities. This plan also Includes the adoption of the following provisions of Senate Bill 505: j 1) Retirement at any age with 25 years of creditable service, f 2) Survivor benefits for the spouse of deceased employees who are vested at the time of daath, 3) Occupational disability retirement plan allowing certain benefits for employees who become disabled to perform their particular job or occupation, 4) Prior service credit for those employees previously Ineligible for TMRS membership due to age at the time of employment, who became members of TMRS effective September 1, 1987. Our records Indicate you have no over-age employee(s). t In addition, the City could adopt Plan A under Annuity Increases, which would grant each retiree an Increase equal to 70% of the change In the Consumer Price Index, less previously k granted Increases. If previously granted increases exceed the percentage of the change In the CPI since retirement, the retiree will not receive an increase and will retain their present benefit. If the benefits of Plan 1 (Updated Service Credit) and Plan A (Annuity Increases) are adopted, the City's 1991 contribution rate will be 6.02%. The City will have twenty-flve years In which to amortize the additional cost of these benefits. Because of the retirement plan Improvements that your employees and the City will realize at a small additional cost, we highly recommend that the City adopt the S.B. 505 provisions described In the second paragraph. More than 85% of TMRS member cities have already adopted these provisions. Ike Obi requested the cost information If the City should adopt 100% Updated Servlee Credit, j 70% Annuity Increases - without the provisions of Senate Bill 505 and these rates are provided on the enclosed Study sheet under Plan 4. This study sheet will replace the previously mailed Study and we suggest you trash the other to avoid any confusion. The ma}orl':y of TMRS member titles have been adoptJng Updated Service Credits/Annuity Increases on an annual basis, and recent amendments to the TMRS Act will allow TMRS cities, beginning effective January 1 1992, to adopt an ordinance which will provide for annual repeating calculations of Updated Service Credits/Annulty Increases. By adopting this ordinance, the City will not have to adopt an ordinance each year to re-authorize calculations of these benefits, and the Updated Service Credlt/Annulty Increase will remain in effect for I, t a i i Mr, Thomas Klinck Personnel Director City of Denton -2_ F € future years until such time as It Is discontinued by an ordinance adopted by the City Council, the City adopts a change In either the employee contribution rate or City matching ratio, or the City is not ablo to fund Its retirement obligations over a 25-year period. We feel sure that your City will want to adopt the annual repeating calculation of Updated Service Credits/Annuity Increases, and we will be sending you a model ordinance In the near future. Should you have any questions regarding the study, please feel free to contact our office. We i look forward to working with you In providing increased retirement benefits for your ornployees and retirees. Sincerely, lmmle L. Mormon, Director lLM/pjh Enclosures ~ 1 1 W~j k i i 1 ,r t UPDATED SERVICE CREDIT AND ANNUITY INCREASE STUDY City of Denton Effective Date - January 1, 1992 3 1. Updated Service Credits _ Proposed Plans Present Present Plan 2 3 4 Deposit Rate 5100% 5.00% 6.00% 7.00% 5.00% Matching Ratio 2.011 2,0/1 2.0/1 2.0/1 2.0/1 Vesting 10 YRS 10 YRS 10 YRS 10 YRS 10 YRS S.E. 505 Options NO YES YES YES NO 1 Updated Service Credit 100(91) 100% 100% 100% 100% Contribution Rates 1991 1992 1992 1992 1992 1992 1992 Normal Cost 4.34 4.57 4.72 5.67 6.61 4.57 Prior Service 0.81 0.93 0.98 1.31 1.82 •91 Special Addition* _0,01 0.02 0.02 0.01 Retirement MI5 5.50 5771 7.00 8.45 5.49 Supplemental Death (A&R) 0.25 0.26 0.26 0.26 0.26 0.26 Total Rate 5740 5, 76 5.97 726 8.73 5.7.5 Unfunded Actuarial Liability 3191329 3499781 4712602 6524574 Amortization Period h In Years 24 25 25 25 25 25 II. Annuity Increases Proposed Plans _ _ 3 q E3 ~C D + Percentage of Consumer Price Index (CPI-U) 70 60 50 Addition to the Prior Service Contribution Rate 0.05 0.02 0.01 t' Addition to the Unfunded Actuarial Liability 179149 83632 34934 To determine the City's contribution rate under various combinations of Updated Service Credits and Annuity Increases add the Total Rate under the appropriate Updated Service Credit plan to the percentage rate shown under the various Annuity Increase plans. *Addition to prior service contribution rate for special updated service credits for transfers. There were 15 eligible transfer employees for the City on the study date. , q '.il.J3rh;~ et ~yo,, a)0) ~ (''1 . ! TEXAS MUNICIPAL RETIREMENT SYSTEM 1200 NORTH INTERSTATE 35 AC 511/4767577 POST OTFICEJ1X tM , 10s, 011 TE'~(A 4$766 August 23, 1991 Mr. Thomas Klinck Director of Personnel City of Denton 215 East McKinney Denton, Texas 76201-4229 r ' t Dear Toms y During Its recently completed 1991 Regular Session, the Texas Legislature enacted H.B. 538 by ; Representative Edmund Kuempel, which amended the TMRS Act In a number of areas. Enclosed is a copy of Supplement No. 1, which should be placed In the pocket In the back of your copy of the TMRS Act. This Supplement contains the amendments to the TMRS Act contained in H.B. 538 which are effective August 27, 1991, along with two amendments to the rules adopted by the Board of Trustees which are effective September 1, 1991. r' i The majority of the amendments contained In H,B. 538 take effect automatically and require c no action by the City. However, two optional provisions were included, as followst E E 1) Cities may now adopt an ordinance providing fu;- annual repeating f calculations of Updated Service Credits/Annuity Increases. In the past, TMRS member cities could adopt these benefits effective January 1 of each calendar year, but a separate ordinance had to be adopted each year. If a city adopts the new provision for annual repeating calculations of Updated Service Credits/Annuity Vr` I Increases, the ordinance will remain in effect until 1) It Is rescinded by the City Council, or 2) the actuary determines that the City's contribution rate will exceed the statutory maximum amount, or 3) the City Council adopts a change In either j the employee contribution rate or the City's matching ratio. 2) TMRS cities may adopt a provision allowing "restricted prior service credit" for service performed In a Texas city for which the employee has not previously received creditable service in TMRS. The additional credit would be only for the number of months of service actually performed, would have no monetary value, and would not be Included In the calculation of Updated Service Credits. We have already received numerous requests from member cities for model ordinances to adopt these provisions, and if we have not already done so, we will be happy to provide you with the appropriate ordinances for your City. You may want to make a copy of this letter available to the City Manager to let him be aware of these changes In the TMRS Act. Your assistance in all TMRS matters, is slnsprely appreciated and should you have any questions or if we may be of assistance at any time, please do not hesitate to call on us. ! Sincerely, JLM/pjh Jimmie L. Mormon, Director Enclosures t tl December 3, 1991 CITY COUNCIL AGENDA ITEM s TO. MAYOR AND MEMBERS OFTHE CITY COUNCIL FROM: Lloyd V. Harrell, City Managor RE: CONSIDER ORDINANCE APPROVING CONTRACT AMENDMENT NO. 1 j ` FOR ENGINEERING SERVICES BY ALAN PLUMMER AND ASSOCIATES, 1NC. , FOR DETAIL DESIGN OF ARCHITECTURAL AND INSTRUMENTATION AND CONTROL SPECIAL SERVICES REGARDING UPRATING THE WASTEWATER TREATMENT PLANT TO 12 MGD AND THE EXPANSION TO 15 MGD, I RECOMMENDATION: The Public Utilities Board, at their meeting of October 16, 1991, recommended to the City Council approval of Amendment No. 1 for detail design of architectural improvements to the existing Primary Sludge and Grit Building, Blowor Building #2, Return Sludge Pump Station, and Maintenance Building f' and Instrumentatio:i and Control special services regarding uprating the Wastewater Treatment Plant to 12 MGD and the expansion to 15 MGD for an ; amount not to exceed $96,100. BACKGROUND: On August 71 1990, the City entered into a contract with APAI for preliminary engineering services for the 13 MGD uprating and the 15 MGD expansion of the WWTP. The original contract was based upon the actual cost times a multiplier with a foe not to exceed amount r The original contract addresses the general E Scope of Work for several phases of engineering. The precise scope of work is determined and the engineering fee is negotiated as each phase is initiated. The various phases are prelimirary deslgn, detail design, bid and eonatruction. i I I 1 1 cC: YXU,~`iy fI 1 On may 7, 1991, the City entered into a contract with APAJ for detail design engineering services and the preliminary design of items m. through q. Identified in the contract. The preliminary design of items m. through g. were included in the detail design phase because project development was insufficient for detailed design of these items. With completion of the indii at dassociated preliminary design f these sbeendIdedetail ntifieddesign the improvements, project E 'Summary" SUMMARY : Alan Plummer and Associates, Inc. (APAI) has completed the preliminary design of the following special services as identified in their contract, which I was approved at the April 29, 1991, Public Utilities Board and the May 7, 1991, City Council meetings: M. Electrical distribution and alternate power supply at the Wastewater Treatment Plant, n. Total plant instrumentation and control. o. Renovation and expansion of the present Maintenance Building. P. Renovation of the South Positive Displacement Blower Building, q, Renovation of the South slant Cyclone Degritter Building. y The Preliminary Design for Item m_ it During the preliminary design, Item m., electrical distribution and alternate power supply at the WWTP, was evaluated and determined to be adequate f meeting all related Texas Water Commission requirements. The WWTP has arranged Faith the City Electric Department to Improve reliability of the ovorhead electric service to the plant by extending an alternate power supply € down Foster Road and relocating a utility pole away from possible collision j with traffic. I The Preliminary Design for Item n.,. ! Two options were evaluated for the supervisory control and data acquisition (SCADA) system. Option I would only modify the existing equipment (terminal blocks) to make provisions for SCADA to be installed in the future. 1 Provisions for the new equipment are already included in the project. Option II would include a plant°wide SCADA system. The coats are $24,500 design j atzd $200,600 conetruct.lon for Option I and $49,60C dasigtn and $500,000 li construction for Option 11. Staff recommends that the plant-wide system be installed, option 13. This option will greatly enhance the operation of the + plant and should not be delayed. i The Preliminary Design for Items o. through q The preliminary design for Items o. through q. evaluated current building space and identified building space r• gairements for the proposed improvements. rT m 1 The Maintenance Building (Item o.) is proposed to be expanded to accommodate space for maintenance of the additional unit processes such as blowers, belt filter presses and dechlorination equipment. The proposed expansion is approximatoly 800 sq, ft. addition to the existing facility. The existing maintenance building was originally designed for the Zimpro process and not as a maintenance facility. The proposed maintenance building renovation and expansion will improve the functionality of the facility. 1 ' Phase I improvements will move the chlorination facilities and the existing solids processing lab from the Return Sludge Pump Station. This space is required to house the electrical controls for the waste sludge and return sludge pumps. Chlorination equipment will be moved to the existing North Positive Displacement Blower Building. The solids processing laboratory will be moved to the South Positive Displacement Blower Building (Item p.). Those changes can be accomplished with no new building construction, only renovation of these buildings would be required, The proposed improvements will add centralized grit facilities to the existing plant. This unit process change will vacate the South Plant Cyclone Degritter Building (Item q.). Plans for the renovation of this area include the conversion of this space to an area utilized for instrumentation and electronic equipment repair. I ; The renovation and rehabilitation of these existing facilities will enable plant personnel to provide improved operations and maiatenance for the plant. will { provide additional office, lab, electrical control and maintenance space and will provide aesthetic continuity within the plant without the construction of now buildings to meet these needs. There Is funding available for the detailed design of these facilities, but not sufficient funds budgeted in the 1992 CIP to cover ilia construction of these additions. Funds for the construction of these improvements would have to be moved forward from the 19 MCD expansion, planned for the 1998 CIP. i i AIPOWII - Disk waR 5 1 f 3 'r AGENCIES AFFECTED Citizens of Don ion, Denton Municipal Utilities, Alan Plummer & Associates, Inc. , Legal Department, i~ FISCAL IMPACT: Amendment No. 1 for detail design of the architectural and instrumentation i modification Is for $98,100 or 10.7% of the estimated construction cost, $900,000 for these facilities. See Exhibit 11, "Project Cost Comparisons", for preliminary and final comparisons of facility cost and Exhibit 111, "Fund Analysis" for further project information, i Prepared byi Respeotfully, Howard Martin, Direo r o V. Harrell Environmental Services, Fin, Adm. City Manager ? ff f i f I Approved by, F G H.E. Ne son, l xecut ve D rector o ties Exhibits, ordinance I Amendment #1 11 Fund Analysis III CIP Detail Sheet IV APAI Tech, Memorandum #12/13 V Projections VI Minutes PUB Meeting of 10/16/91 t ~.r IY:P.xII+l y~ e e:%WPd0cS:tLff"ce.0 i 1 ORDINANCE N0. HORI WEEN NTHEH CITYYOOF TDENTONU AND ALAN AMENDMENTPLUMMER NO, ' AN ORDINANCE AUBET s THE AGREEMENT ASSOCIATES, INC. RELATING TO PROFESSIONAL ENGINEERING SERVICES FOR THE DESIGN OF THE PECAN CREEK WASTEWATER TREATMENT PLANTS AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. {i THE COUNCIL OF THE CITY OF QENTON HEREBY ORDAINS: gF.CTTON I. That the mayor is authorized to execute an agree- Denton and Alan s Ment between of toethetdesign of the Pecan creek Wastewater Treatment Inc. nc, relating plant under the amend- which isdattached ohereto tand made taipart ihereof. ment, a copy p That the City Council hereby authorizes the s Fifty-five expenditure of not to exceed Six Hundred red pursuanth to the Sixty ($655,060) Dollars for the services required Agreement. 9tarr10 III. That this ordinance shall became effective immediately upon its passage and approval. day of ,.1990.. PASSED AND APPROVED this the j BOB CASTLEBERRY, MAYOR j j ATTESTt CITY SECRETARY JENNIFER WALTERS, BY, APPROVED AS TO LEGAL FORMS DEBRA A. DRAYOVITCH, CITY ATTORNEY 1 BYt )tY„ I y s A DI Toi~ NO. 1 ENGIN~ERIN~/ 4ORVI CES AGREEMENT gpa "41 4t %SIGN OF PECAN CRE15k~ANr/4~rAp~R TREATMENT PLANT The Engineering Services Agr,,etroOOhr.'w Design of Pecan Creak Wastewater Treatment Plant between t110 pity Of DOryton (OWNER) and Alsr> Plummer and Associates, Inc. , (ENGINEER) dalg/d MAY 7 , 1991, is amended as follows: f C[dEE~tKp $RVICES ARTICLE III - BASIC E. Detailed Design bhttA ADD: the following N Imam N1 , 9 "M, Design of Building Mfoulfi t3ons consisting of modifications and 3 enlargement of the eki~ting pt0Lintenance building, conversion of the North Plant blovv r bVi~Qid$ IrL to a solids laboratory, modifications to the existing North plapti hstartl sludge pump building to house electrical control equipment, Aq %XO Oion of the South Plant grit room into an i electrical technidn $o's,jfttCeas described in Technical Memorandum No. 11." "N. Design of a P^t,wiT/© 9CA17A system as described in Technical Memorandum No - 13, ARTICLE VI - comPENSATON B . Basic Services Revise the first baCAgt.^jj 4 jrollows; "For and in cot'%1^10Poa of 3Detailed Design of the Basic Services (Article III, Pardg Aa p gJ to be rendered by the ENGINEER (Items listed in Article ill, p9~gts4h E.9,), the OWNER agrees to pay based I on the schedule of ah41,~9s Bhof/vn in Exhibit A, with the total fee not to exceed $855,080 Sap 1hP40se cof $98,100 for Items M and N.)" I All other provisions, tOp#14 ~opdttpons and obligations of the Agreement between OWNER and >✓~1ajN~ A A,*A are not expressly amended here shall remain In full force and effect/. 04 Agreement and this Amendment shall be construed together as 4 8lnQl~0 toWf ,:otual agreement, i I t IN TESTIMONY HEREOF, the parties have executed this Amendment No. 1, this day of 1991, x This Amendment No. 1 is executed in four (4) counterparts. CITY OF DENTON, TEXAS A e r Bob Castleberry, Mayor I ATTEST: i Jonnifer Walters, City Secretary ; j' bys APPROVED AS TO LEGAL FORM: Debra A. Drayovitch, City Attorney by, 0 ALAN PLUMMER & ASSOCIATES INC. ENGINEER jr j Jo H. Cook, P.E., Vice P aident ATTEST,. G 1.~ FG /G~-~ A. Lee Head, III j xxtOR ~ i EXCERPT PUBLIC UTILITIES BOARD MINUTES i' OCTOBER 161 1991 r b. CONSIDER CONTRACT AMENDMENT NO. 1 FOR ENGINEERING SERVICES BY ALAN PLUMMER AND ASSOCIATES, INC., FOR DETAIL DESIGN OF r ARCHITECTURAL AND INSTRUMENTATION AND CONTROL SPECIAL SER z ¢ SERVICES REGARDING UPRATING THE WASTEWATER TREATMENT PLANT TO 12 MGD AND THE EXPANSION TO 18 MGD. Martin introduced this item and Mr. Alan Ptammer and Mr. Lee Head of Alan Plummer and Associates, Inc, After minimal discussion, Coplen made a motion to approve subject Amendment No. 1; second by Laney. All ayes, no nays, motion carried, I . , 3 f i i I I 1 l H A k CITY o1 DiNTON~ TEXAS MUNICIPAL BUILDING /DENTON, TEXAS 76201 /TELEPHONE(817)566-8200 OFFICE OF THE EXECUTIVE DIRECTOR OF UTILITIES May 20. 1991 3 Mr. John Cook, Vice President Alan Plummer and Associates j 641 W. Mitchell St. 1 Arlington, Tx 76013 i RE3 Engineering Services Contract for the Design of Pecan Creek Wastewater Treatment Plant j Dear JohnK We are enclosing an executed copy of the above-referenced contract approved by the Denton City Council at their meeting of May 7, 1991. We are looking forward to working with you on this I project. , Please call myself or Howard Martin (566-6237) if you have any i questions or concerns. 1 ! Best regard , .E NAlson P.E. t Executive Director of Utilities Enclosures Contract May 7, 1991 WWTP-Detailed Design of Basic Services $558,960 Prel. Design of Items m. thru q. $ 41,950 cot Debra Droyovitch, City Attorney Howard Martin, Director, Financial Adm./Env. Operations file T7E13ZCAWE:n T© QUfi.LI'x"Y SEFtV%CE t f lr` 1 L Y olumier.o I Y ~ . ORDINANCE NO. 1 i AN ORDINANCE AUTHORIZING THL MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND ALLAN PLUMMER AND ASSOCIATES, INC. RELATING TO ENGINEERING SERVICES FOR THE DESIGN OF PECAN CREEK WASTEWATER TREATMENT PIANTJ AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; ( 3 AND PROVIDING AN EFFECTIVE DATE. 4 THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSt That the Mayor is authorized to execute an agree- $E_QTION I. ment between the City of Denton and Allan Plummer and Associates, Inc. relating to Engineering Services for the design of Pecan Creek Wastewater Treatment Plant under the terms and conditions contained within said Agreement, a copy of which is attached hereto and made a part hereof. ~FrmYON II. That the City Council hereby authorizes the ex- penditure of funds not to exceed Six Hundred Thousand Nine Hundred Ten and No/100 Dollars ($600,910.00). ~Fr~~,___pN III, That this ordinance shall become effeotive immediately upon its passage and approval. PASSED AND APPROVED this the day of 1991. BOB CASTLEBERRYO MAYOR i c ATTESTS JENNIFER WALTERS, CITY SECRETARY BYt APP?ED S O LEGAL FORMt DEBRA A. DRAYOVITCH, CITY ATTORNEY BYt I r. t If II _ aC ! ORIGINAL ENGINEERING SERVICES AGREEMENT FOR THE DESIGN OF PECAN CREEK WASTEWATER TREATMENT PLANS' I t THIS AGREEMENT Is made and entered into as of the /,/~ij day of Ala- 1991 by and between the City of Denton, with its principal office at 225E t r McKinney Street, Denton, Denton County, Texas 76201, ("OWNER") and Alan Plummer r and Associates, Inc,, with its principal office at 841 West Mitchell Street, Arlington, Tarrant County, Texas 76013, hereinafter called the ("ENGINEER") acting herein, by and through its representative, duly authorized so to act for ana in behalf of said ENGINEER. s i k WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: ARTICLE I EMPLOYMENT OF ENGINEER i' The OWNER agrees to employ the ENGINEER, and the ENGINEER agrees to perform professional engineering services in connection with the Project as stated in the sections to follow, and for having rendered such services, the OWNER agrees to pay to the ENGINEER compensation as stated in the section to fallow. j The Project shall include design of wastewater treatment facilities at the Pecan Creek Wastewater Treatment Plant (WWTP). The ENGINEER agrees to exercise the same degree of care, skill and diligence in the performance of these: services as is ordinarily provided by a professional consultant under similar circumstances and ENGINEER shall, at no cost to OWNER, "reperform" services which fail to satisfy the foregoing standard of performance. Page 1 of 23 I ARTICLE II f PERIOD OF SERVICE This Agreement shall become effective upon execution by the OWNER and the ENGINEER and shall remain in force for the period which may reasonably be required for the design, aware of conl.ract, and construction of the Froject, e , including Additional Services and any required extensions approved by the OWNER, ARTICLE III BASIC ENGINEERING SERVICES The ENGINEER shall render the following professional services for development of the PROJECT: Upon execution of this Agreement the ENGINEER shall: A. Consult with OWNER: (1) to review the scope of work, (2) to verify the OWNER's requirements for the Project, and (3) to review, available data, f B. Advise OWNER as to the necessity of OWNER's providing or obtaining data or services from others, and assist the OWNER in connection with ; any such services, C. Prepare a flow chart showing key project milestones, The flow chart will be updated monthly and sent to the OWNER, The ENGINEER understands that the OWNER desires the final construction phase of the project (facilities required to meet the new wastewater discharge permit requirements at a flow rate of 12 or 13 MGO) to be in operation within 30 months of issuance of the new wastewater discharge permiti r i however, the OWNER acknowledges that the ENGINEER is only one of the many sties involved in the project and that the ENGINEER cannot assure completion of the project by a specific date, Page 2 of 23 i. t hs. e'r- D. All formal workshops and quality control reviews will be held in the ENGINEER's office. i f E. Detailed Design Phase 1 The ENGINEER shall provide professional services in this phase as { follows; 1. Prepare detailed plans, specifications, contract documonts, i designs, and layouts of improvements to be constructed. { 2. Provide the OWNER with advice, when requested, with respect to the making of all subsurface investigations, including borings, test pits, soil resistivity surveys, and other subsurface explorations; however, the making of such investigations and the interpretations of data and reports by special consultants are not a part of the services to be rendered by the ENGINEER, and the cost therefore shall be paid by the OWNER. The ENGINEEk shall monitor and review the work of testing laboratories and inspection bureaus required for the testing or inspection of materials, witnessed tests, factory testing, etc., E' for the Project, but the cost of such laboratory tests or inspection shall-be paid by the OWNER. 3. Furnish the OWNER, when requested, the engineering data necessary for applications for routine permits required by local, state and federal authorities, Preparation of detailed applications and supporting documents for government grants planning advances, or discharge permit renewals will be provided as Additional -Services, if required. I Page 3 of 23 r i i 4, Submit plans, specifications, and contract documents to the applicable federal and state agency(s) for approval, where required. 5. Furnish such information necessary to utility companies whose facilities may be affected or services may be required for the E Project, i 6. Prepare revised opinion of probable construction cost, and I bidder's proposal forms (project quantities) of the improvements to be constructed, 1, Conduct Quality Control (QC) workshops utilizing senior staff members with experience acceptable to the OWNER. QC workshops are to be held at approximately 30, 60 and 95 percent complete i milestones of Detailed Design. 1 8. Furnish the OWNER three (3) sets of copies of plans, specifications, and bid proposals marked "Preliminary" for approval by the OWNER. Upon final approval by the OWNER, the ENGINEER will provide the OWNER ten (10) sets of copies of "Final" plans. As directed by the OWNER, additional sets of i plans, specifications and bid documents as are necessary in the receipt of bids for construction and as are required in the execution of the project, shall be furnished by the ENGINEER and shall be paid for by the OWNER at actual cost of reproduction, i 9. Detailed Design will consist of the following items as shown in the Preliminary Design Report and approved by the OWNER; 'a, Design of equalization basin improvements including return pumping and mixing, b. Design of chlorination/dechlorination facilities, Page 4 of 23 1 i Mr c. Design of a sludge belt press installation including sludge holding and pumping facilities. d. Design of a centralized grit removal and flow splitting facility including required piping. e. Design of improvements to Aeration Basins 1-5 (north plant). f. Design of blower building improvements aild air piping. I g, Design of a primary clarifier and final clarifier for the north plant. h. Design of a final clarifier for the south plant. I. Design of one continuous backwash filter facility. J. Design of hydraulic improvements for 15 MGD. k, Design of waste activated sludge handling facilities for the north plant, 1. Design of scum handling and processing equipment. j I The project will be divided into two construction phases; items I required for 12 (or 13) MGD maximum monthly design flaw and items required for 15 MGD maximum monthly design flow. The OWNER shall notify the ENGINEER of any requested modifications of items to be t included in each phase no 'later than ninety (90) days prior to the beginning of advertisement of the project for bids. One set of prepurchase (or preselection) documents for equipment will be developed, advertised, distributed, and recommendation for award , the co ns made as required o construction schedule or I t accommodate 1 equipment selection, Page 5 of 23 1 1 l,Ytt et# i l i 10. In addition to Detailed Design of Items a. through 1, listed above, Preliminary Design will be developed for the items listed below as Additional Services, The Preliminary Designs will be presented as Technical Memorandums and incorporated into the I Preliminary Design Report. m. Electrical distribution and alternate power supply at the ` Wastewater Treatment Plant, n. Total plant instrumentation and control, i o, Renovation and expansion of the present Maintenance Building. 1 , p. Renovation of the South Positive Displacement Blower Building. q, Renovation of the South Plant cyclone degritter buildings Prior to proceeding with Detailed Design of any of Items m. through q4 listed above, the ENGINEER will obtain authorization in writing by the OWNER. F. Construction Phase Services Prior to completion of the detailed phase and approval of "final" plans and specifications by the OWNER, a detailed scope of work for Construction Phase Services will be furnished to the OWNER. After written authorization from the OWNER, the ENGINEER will proceed ' with-the performance of services in this phase as follows: 1. Assist the OWNER in securing bids, issuing notice to bidders and notifying construction news publications, The notice to bidders Page 6 of 23 1 1 f 1 t t will be furnished to the OWNER for publication in the local news medial The cost for publications shall be paid by the OWNER, 2. Assist the OWNER in the opening, tabulation, and analysts of the bids received and furnish recommendations on the award of contracts or the appropriate actions to be taken by the OWNER. I 3. Assist in the preparation of formal contract documents for construction contracts. i 4, Assist in conducting pre -construction conference(s) with the € Contractor(s), review construction schedules prepared by the Contractor(s), and prepare a proposed estimate of monthly cost requirements of the project, I 1 f 5. Make two visits each month of the site (as distinguished from the continuous services of a Resident Project Representative) to observe the progress and the quality of work and to attempt to j determine in general if tho work is proceeding in accordance with the contract documents. In performing these services, the r ENGINEER will endeavor to protect the OWNER against defects and deficiencies in the work of Contractors. The ENGINEER will report any observed defects of deficiencies immediately to the OWNER. However, it is understood that the ENGINEER does not guarantee the Contractor's performance nor is he, responsible for supervision of the Contractor's operation and employees. ENGINEER shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by i Contractor or the safety precautions and programs incident to the work of the Contractor. 6. Consult and advise with the OWNER during construction, make recommendations to the OWNER regarding materials and workmanship, and prepare change orders with OWNER's approval, Page 7 of 23 _r_ I qe i V`Mnl" ! 7. Review samples, catalog data, schedules, shop drawings, laboratory, shop and mill tests of material and equipment and i other data pursuant to the General Conditions of the Construction j Contract. f 8. Assist the OWNER in arranging for testing of materials and laboratory control during construction to be conducted at the i OWNER's expense. i 9. Interpret the intent of the plans and specifications for the OWNER and Contractor(s). Investigations, analyses, and studies requested by the Contractor(s) and approved by the OWNER, for substitutions of equipment and/or materials or deviations from I the plans and specifications will be considered an additional service. NOTE; Such studies conducted by the ENGINEER, if j' determined to be inadequate, due to incompleteness of ENGINEER j prepared plans and specifications, will be redone without additional compensation. Any defective designs, plans of E specifications furnished by the ENGINEER shall be promptly I corrected by the ENGINEER at no cost to the OWNER. I , 10. Review and comment on monthly and final estimates for payment to Contractor(s), pursuant to the General Conditions of the 1 Construction Contract. 11. Conduct, in company with the OWNER's representative, a final inspection of the Project for conformance with the design concept of the Project and general compliance with the contract documents, and review and comment on the certificate of completion and the recommendation for final payment to the -Contractor(s). 12. Revise the construction drawings in accordance with the information furnished by construction Contractor(s) reflecting changes in the Project made during construction, One set of Page 8 of 23 IVA, R reproducible prints of "Record Drawings" shall be provided by the ENGINEER to the OWNER. 13. The ENGINEER will contact the OWNER's operating staff ten (10) months after the date of final acceptance to determine warranty items to be addressed by the Contractor. ARTICLE IV J ADDITIONAL SERVICES 3 J Additional Services to be performed by the ENGINEER, if authorized by the f OWNER, which are not included in the above described Basic Services, are i described as follows: A. Field Surveying required for the preparation of designs, drawings and plans including topographic survey of the plant site. B. Field layouts or the furnishing of construction line and grade surveys, C. Investigations involving detailed consideration of operation, maintenance and overhead expenses, and the preparation of rate schedules, earnings and expense statements, feasibility studies, appraisals, evaluations, assessment schedules, and material audits or inventories required for certification of force account construction performed by the OWNER. i D. Making necessary property, boundary and right-of-way surveys, II preparation of easement and deed descriptions, including title search and examination of deed records, Providing a land agent .or public relations specialist to assist the OWNER in obtaining easements, Page 9 of 23 i Ls E. Preparing applications and supporting documents for government 1 grants, loans, or planning advances and providing data for detailed applications, F. Providing shop, mill, field or laboratory inspection of materials and equipment. G. Preparing any required Operation and Maintenance Manuals or C. conducting operator training and preparing Environmental Impact Assessments or Statements, H. Appearing before regulatory agencies or courts as an expert 1 witness in any litigation with third parties or condemnation j proceedings arising from the development or construction of the Project, including the preparation of engineering data and reports for assistance to the OWNER. E 1. Furnishing the services of a Resident Project Representative to act as the OWNER's on-site representative during the construction phase, if requested by the OWNER. If the ENGINEER is requested to visit the site more frequently than two (2) visits each month 1 as set forth in Section 111, Paragraph F.5, the requested visits i shall be considered as an Additional Service and the ENGINEER shall be entitled to additional compensation, If OWNER desired the service of a resident project engineer, a separate agreement 3 shall be executed by the parties, { f J. Assisting the OWNER in claims disputes with Contractor(s), K. Performing investigations, studies and analyses of substitutions of equipment and/or materials or deviations from the plans and specifications. L, Assisting OWNER or Contractor in the defense or prosecution of litigation in connection with or in addition to those services Page 10 of 23 1 E ,a a+savaxrq IS I contemplated by this Agreement. Such services, if any, shall be € furnished by ENGINEER on a fee basis negotiated by the respective parties outside of and in addition to this Agreement. a f i; M. Sampling, testing or analysis beyond that specifically included in Basic Services. 1 N. Preparing copies of Computer Aided Drafting (CAD) electronic data bases, drawings, or files for the OWNER's use in a future CAD system. 0. Providing video camera with video tapes of construction phase to be used as a historical record and for operator training. P. Attendance at additional meetings beyond those specifically noted in Basic Services required by TWC, other regulatory agencies or the OWNER. q. Preliminary and/or Detailed Design of support facilities and buildings, additional sludge digestion facilities, and ultimate sludge disposal facilities (sludge only landfill or additional sludge injection acreage and equipment) recommended in the 1990 Wastewater Treatment Plant Master Plan. R. Preliminary Design of Items m, through q. listed in Article 111, Paragraph E.10. S. Any additional services required by the OWNER not included in I, Basic Services. j ARTICLE V RESPONSIBILITIES OF OWNER The OWNER shall do the following in a timely manner so as not to delay the services of the ENGINEER; Page 11 of 23 s f 7 A, Designate in writing a person to act as the OWNER's representative with respect to the services to be rendered under this Agreement, Such person shall have contract authority to transmit Instructions~ receive information, interpret and define the OWNER 's policies decisions with respect to the ENGINEER's services for the PROJECT. B. Provide all criteria and full information as to the OWNER's requirements for the Project, including design objectives and ' constraints, space, capacity and performance requirements, flexibility , and furnish copies r and expandability, and any budgetary limitations, of all design and construction standards which the OWNER will require to be included in the Drawings and Specifications, C. Assist the ENGINEER by placing at the ENGINEER`s disposal all available information pertinent to the Protect Including p+'evious reports and any other data relative to designs or construction of the Project. D. Arrange for access to and make all provisions for the ENGINEER to P enter upon public and private property as required for the ENGINEER to j perform services under this Agreement, 1 i E. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by the ENGINEER, obtain advice of an attorney, insurance counselor and other consultants as the OWNER deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of the ENGINEER, F. Furnish approvals and permits from all governmental authorities having and consents from 4 jurisdiction over the Project and such approthe vals Project. others as may be necessary for completion G. The OWNER shall make or arrange to borings, test pits, soil investigations, including but Page 12 of 23 resistivity surveys, and other subsurface explorations. The OWNER shall also make or arrange to have made the interpretations of data and reports resulting from such investigations. All costs associated with such investigations shall be paid by the OWNER. i H. The OWNER shall make or arrange to have made all testing sampling ~ required at the wastewater treatment plant or in the collection system including flows, BOD and suspended solids, concentrations, aeration basin solids levels, and other pertinent information relevant to y operation of the treatment plan. All costs associated with such testing and sampling shall be paid by the OWNER, j j I 1. Provide such accounting, independent cost estimating and insurance ' counseling services as may be required for the Project, such legal services as the OWNER may require or the ENGINEER may reasonably i request with regard to legal issues pertaining to the Project, including any that may be raised by the CONTRACTOR(S). J. The OWNER shall determine, prior to receipt of construction bid, if the ENGINEER is to furnish Resident Project Representative service so the Bidders can be informed. i K. If OWNER designates a person to represent the OWNER at the site who is not the ENGINEER or ENGINEER's agent or employee, the duties, responsibilities and limitations of authority of such other person and 1 the effect thereof on the duties and responsibilities of the ENGINEER will be set forth in an agreemenk. that is to be identified, attached to this Agreement, and a copy of which shall be furnished ENGINEER before such services begin. L. Attend the pre-bid conference, bid opening, pre-construction conferences, construction progress and other job related meetings and substantial completion inspections and final payment inspections. Page 13 of 23 i i" TY'' S+hA;ei4K, i M. Give prompt written notice to the ENGINEER whenever the OWNER observes or otherwise becomes aware of any development that affects the scope or timing of the ENGINEER"s services, or any defect or nonconformance ` of the work of any contractor. N. Furnish, or direct the ENGINEER to provide, Additional Services as stipulated in Article IV of this Agreement or other services as required. I 0. Provided transportation such as airline fare, automobile rental or subsistence required for the OWNER's personnel to attend project E meetings or inspection trips. ; ~ i P. Bear all costs incident to compliance with the requirements of this Article V. ARTICLE VI COMPENSATION A. COMPENSATION TERMS; 1. "Salary Cost" is defined as the cost of salary (payroll) for engineers, draftsmen, stenographers, surveyors, clerks, laborers, etc., for time- directly chargeable to the Project, plus Social Security contributions, unemployment compensation, insurance retirement benefits, medical and insurance benefits, disability' payments, sick leave, vacation and holiday pay applicable thereto, (Salary cost is equal to 1,35 times salary.) i 2. "Subcontract Expense" is defined as the expense that is incurred by the ENGINEER in employment of others in outside firms for services in the nature of foundation borings, testing, surveying, and similar services. Page 14 of 23 3. "Direct Non-Labor Expense" is defined as that expense for any assignment incurred by the ENGINEER for supplies, transportation and f equipment, travel, communications, subsistence and lodging away from home and similar incidentals in connection with that assignment. i B. BASIC SERVICES: ; For and in consideration of Detailed Design of the Basic Services (Article III, Paragraph E) to be rendered by the ENGINEER (Items a. through 1. listed in Article 111, Paragraph E.9), the OWNER agrees to pay based on the Schedule of Services shown in Exhibit A, with the total fee not to exceed $556,960, For and in consideration of Preliminary Design of Items m. through q. j listed in Article 111, Paragraph E,10, the OWNER agrees to pay based on the schedule of char I ges shown in Exhibit A. The total fee for Preliminary Design of these items shall not exceed $41,950. 3 t* Detailed Design shall not proceed with any of Items m, through q, without s prior written authorization by the OWNER, t 1 t s Prior to proceeding beyond the Detailed Design) the ENGINEER shall submit a maximum fee for Construction Phase Services and Resident Representation During Construction for approval of the OWNER. Partial payments to the ENGINEER will be made on the basis of monthly statements rendered to and approved by the OWNER; however, under no circumstances shall any monthly statement for services exceed the value of work performed at the time a statement is rendered. The OWNER may withhold the final 5 percent of the contract amount until completion of the project. Nothing contained in this article shall require the City to pay for any work which is unsatisfactory as reasonably determined by the Executive Director of Utilities or which is not submitted in compliance with the terms of this Contract. The City shall not be required to make any Page 15 of 23 i MUM r .at,W - 1 payments to the ENGINEER when the ENGINEER is in default under this Contract. It is sper,ifically understood and agreed that the ENGINEER shall not be authorized to undertake any work pursuant to this Agreement which would r require additional payments by the OWNER for any charge, expense or reimbursement above the maximum fee as stated without having first obtained written authorization from the OWNER. ENGINEER shall not proceed to f perform the services listed in Construction Phase Services, without obtaining prior written authorization from OWNER. i C. ADDITIONAL SERVICES r 1. For Resident Representation During Construction and Construction Layout. For the resident representation during construction and construction layout (Article.IV.i), the ENGINEER shall be paid based on the Schedule of Charges in Exhibit A. Payments for resident project ~ representation and construction layout shall be due and payable upon i submission of statements by the ENGINEER, Statements shall not be submitted more frequently than monthly. i i i For additional services in Article IV, the ENGINEER shall be paid j based on thv Schedule of Charges shown in Exhibit A. Payments for additional services shall be due and payable upon submission by the ENGINEER. Statements shall not be submitted more frequently than monthly. 1 j ~ D. PAYMENT If the OWNER fails to make payments due the ENGINEER for services and expenses within sixty (60) days after receipt of the ENGINEER's statement therefore, the amounts due the ENGINEER will be increased at the rate of I percent (1%) per month from said sixtieth (60th) day. In addition, the Page 16 of 23 i . IWAV I I r ENGINEER may, after giving seven (7) days' written notice to the OWNER, 1 € suspend services under this Agreement until the ENGINEER has been paid in full all amounts due for services, expenses and charges, Any applicable r new taxes imposed upon services, expenses, and charges by any governmental E body after the execution of this contract will be added is necessary to the ENGINEER's compensation. +I ARTICLE VII f i TIME OF COMPLETION w ( The ENGINEER will commence work on the Project immediately upon execution { of this contract. The ENGINEER shall complete the work in accordance with the following schedule; ITEM SUBMIT FOR REVIEW BY OWNER Preliminary Design of items 150 days after receipt of authorization listed in Article 111, to proceed Paragraph E.10. Detailed Design of items 270 days after receipt of authorization listed in Article III, to proceed Paragraph E.9. ARTICLE VIII j OPINION OF PROBABLE CONSTRUCTION COST II I The ENGINEER will furnish an opinion of probable construction cost of the work, but does not guarantee the accuracy of such estimates. Opinions of probable construction cost, financial evaluations, feasibility studies, economic analyses of alternate solutions and utilitarian considerations of operations and maintenance cost prepared by the ENGINEER hereunder will be made on the basis of the ENGINEER's experience and qualifications and represent the ENGINEER's best Judgement as an experienced and qualified design professional. It is recognized, however, that the ENGINEER does not have control over the cost of labor, material, equipment or services furnished by others or Page 17 of 23 r- _ i r C over market conditions or contractors' methods of determining their prices, and that any utilitarian evaluation of any facility to be constructed or work to be performed on the basis of the Report must be necessity be speculative until completion of its detailed design. Accordingly, the ENGINEER does not guarantee that proposals, bids or actual costs will not vary from opinions, evaluations or studies submitted by the ENGINEER to the OWNER hereunder. ARTICLE IX REVISION TO PLANS AND SPECIFICATIONS The OWNER reserves the right to direct surstantial revision of the Plans and Specifications after approval by the OWNER as OWNER may deem necessary, but in such event the OWNER shall pay to the ENGINEER gust and equitable compensation E for services rendered in making such revisions. ARTICLE X OBSERVATION AND REVIEW OF THE WORK The ENGINEER will endeavor to protect the OWNER against defects and deficiencies in the work of contractors, by observation of the work as it progresses, by interpretation of the plans, spe,:ifications and other contract documents to and with the contractors, by the disapproval of defective work as may be observed and the issuance of stop-orders fr)m the OWNER with respect to defective material and workmanship where they are observed, and the ENGINEER will exercise due diligence to assist the OWNER in requiring that the work be done in accordance with plans and specifications; but the CONTRACTOR will `remain independent contractor with the OWNER, and the ENGINEER does not guarantee the performance of such construction contracts. As set forth in Article III.F.5 and Article IM, the ENGINEER shell not be responsible for the means, method,,, techniques, sequences, or procedures of construction selected by the CONTRACTOR, 3 or the safety.precautions and programs incident to the work of the CONTRACTOR. I Page 18 of 23 I py qr _ t a ARTICLE XI OWNERSHIP OF DOCUMENTS All documents prepared or furnished by the ENGINEER (and ENGINEER's 3 Independent associates and consultants) pursuant to this Agreement are instruments of service and ENGINEER shall retain an ownership and property interest herein. The OWNER may make and retain copies for information and i ti. reference; however, such documents are not intended or represented to be suitable for reuse by the OWNER or others, Any reuse by the OWNER without written i verification or adaptation by the ENGINEER will be at the OWNER's sole risk and i without liability or legal exposure to the ENGINEER, or to the ENGINEER's independent associates of consultants, and the OWNER shall indemnify and hold harmless the ENGINEER and ENGINEER's independent associates and consultants from all claims, damages, losses and expenses, including attorneys' fees arising out of or resulting therefrom, Any such verification or adaptation will entitle the ENGINEER to further compensation at rates to be agreed upon by the OWNER and the ENGINEER. ARTICLE %II f INDEMNITY AGREEMENT The ENGINEER shall indemnify and save harmless the OWNER and its officers, agents, and employees from the liability of the OWNER on account of any injuries or damages received or sustained by any person or persons or property, including j court costs and reasonable attorneys fees incurred by the OWNER, proximately caused by the negligent acts or omissions of the ENGINEER or its officers, I agents, or employees in the execution, operation, or performance, or parformance of this Agreement. In the event of liability from suits, actions, or claims arising out of or occasioned by the negligence of both the ENGINEER and the OWNER, their agents or l employees, in the performance of this Agreement, each party shall contribute toward the satisfaction of the liability its proportionate share, which share shall be equal to the percentage of negligence attributable to the party. Page 19 of 23 s ~ ,{frYlij'j ARTICLE XIII INSURANCE 1 During the performance of the Services under this Agreement, Engineer shall maintain the following insurance: 'i A. Comprehensive General Liability Insurance with bodily injury limits of not less than $500,000 for each occurrence and not less than $500,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the f a. aggregate. B. Automobile Liability Insurance with bodily injury limits of not less 1 than $500,000 for each person and not less than $500,000 for each accident and with property damage limits for not less than $100,000 for each accident, C. Worker's Compensation Insurance in accordance with statutory requirements and Employers' Liability Insurance with limits of not less than $100,000 for each accident, D. Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate. E. Umbrella Insurance providing net less than $1,000,000 limits in excess of the limits stated in items (A) through (D). jj RIICLE XIV E ARBITRATION i 1 l No arbitration arising out of, or relating to, this Agreement involving one f party to this Agreement may include the other party to this Agreement without the other's approval. Page 20 of 23 i t t ARTICLE XV TERMINATION OF CONTRACT This Agreement may be terminated by either party upon thirty (30) days' written notice, In the event of any termination, the ENGINEER will be paid for c all services properly rendered and reimbursable expenses incurred to the date of termination and, in addition, all reimbursable expenses directly attributable to i termination, Should the City subsequently contract with a new Consultant for continuation of services on the Project, the ENGINEER shall cooperate in providing information. h ARTICLE XVI { SUCCESSORS AND ASSIGNMENTS E_ The OWNER and the ENGINEER each are hereby bound and the partners, successors, executors, administrators, and legal representatives of the OWNER and the ENGINEER are hereby bound to the other party to this Agreement and to the I partners, successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements and obligations to this Agreement. f Neither the OWNER nor the ENGINEER shall assign, sublet or transfer any rights under or interest in (including, but without limitation, monies that may i become due or monies that are due) this Agreement without the written consent of the other, except to the extent that any assignment, subletting or transfer is mandated by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement, Nothing contained in this paragraph shall prevent the ENGINEER from employing such Independent associates anJ consultants as the ENGINEER may deem appropriate to assist in the performance of services hereunder. 11 ' Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than the OWNER and the ENGINEER, and all duties and responsibilities undertaken pursuant to this Agreement will be for Page 21 of 23 I I ij ,eersnz h.-tA'f9.51fJi . r ! i I the sole and exclusive benefit of the OWNER and the ENGINEER and not for the benefit of any other party. This Agreement, consisting of pages 1 to 23 with j Exhibits as listed in Article XIX constitutes the entire Agreement between the 3 OWNER and the ENGINEER and supersedes all prior written or oral understandings, f This Agreement may only be amended, supplemented, modified or Canceled by a duly s executed written instrument. ARTICLE XVII RESPONSIBILITY FOR CLAIMS AND LIABILITIES i , Approval by the City shall not constitute nor be deemed a release of the responsibility and liability of the ENGINEER, its employees, associates, agents, and consultants for the accuracy and competency of their designs or other work; nor shall such approval be deemed to be an assumotion of such responsibility by the City for any defect in the design or other work prepared by the ENGINEER, its employees, subcontractors, agents, and consultants. 1 ARTICLE XVIII NOTICES f All notices, communications, and reports required or permitted under this Contract shall be personally delivered or mailed to the respective parties by 1 depositing same in the United States mail at the addresses shown below, certified mail, return receipt requested unless and until either party is otherwise i notified in writing by the other party at the following addresses, Mailed notices shall be deemed communicated as of three days mailing. d If intended for the City, to: If Intended for the ENGINEER, to: City of Denton Alan Plummer and Associates, Inc. Attn: Robert E. Nelson, P.E. Attn: John H. Cook, I. El Executive Director for Utilities 210 West Sixth Street, Suite 400 215 East McKinney Street Fort Worth, Texas 76102 Denton, 'T'exas 76201 I. s Page 22 of 23 tS~ln I1hSkL~Y 1 g{{g{{[[Bdyryyrytt ARTICLE XIX i MISCELLANEOUS i , I A. The following exhibits are attached to and made a part of this Agreement: f } r Exhibit A - Schedule of Charges S. A waiver by either the ENGINEER or the City of any breach of a provision of this contract shall not be binding upon the waiving party unless such waiver is in writing in the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or future breach. l This contact is executed In counterparts. CITY OF DENTON, TEXAS d. Sob Castleberry, Mayor s ATTEST: t Jenn er Walters, City Secretary by: APP OVER AS 0 LEGAL FORM: Debra A. yo tch, City Attorney hy. ALAN PL ER AND ASSOCIATES, INC., Engin r John Cook, Vice President ~ ATTEST: i A. Lee Head III Gage 23 of 23 z t V EXHIBIT A SCHEDULE OF CHARGES i t Staff Members Salary x 1.35 + Salary x 1,'755 Resident Representation Salary x 1,35 + Salary x 1.355; Salary is defined as the cost of payroll of engineers, drafters, stenographers, i surveyors, clerks, laborers, etc,, for time directly chargeable to the Pro;)cct, (Salary Cost is equal to 1.35 times salary.) { Su consultants Charges Actual Cost Times Multiplier of 1.15 All Ether Direct Expenses Actual Cost Times Multiplier of 1,00 Other direct expenses shalt include printing and reproduction expense, communication expense, travel, transportation and subsistence away from the Engineer's office other miscellaneous expenses directly related to the work, ' including costs of laboratory analysis, tests, and other work required to be done by independent persons or agents other than staff members or subconsultants, t v j t i i f li 1 j i { 1 J October 16, 1991 r i PUBLIC UTILITIES BOARD AGENDA ITEM TOI CHAIRMAN AND MEMBERS OF THE PUBLIC UTILITIES BOARD ' FROM: R.E. NELSON, P.E., EXECUTIVE DIRECTOR OF UTILITIES RE: CONSIDER CONTRACT AMENDMENT NO. 1 FOR ENGINEERING SERVICES BY ALAN PLUMMER AND ASSOCIATES, INC. FOR DETAIL DESIGN OF ARCHITECTURAL AND INSTRUMENTATION k AND CONTROL SPECIAL SERVICES REGARDING UPRATING THE WASTEWATER TREATMENT PLANT TO 12 MOD AND THE EXPANSION TO 15 MOD. t RECOMMENDATION I The Utilities Department staff recommends approval of Amendment No. 1 for detail design of architectural improvements to the existing Primary Sludge and Grit Building, Blower Building M2, Return Sludge Pump f Station, and Maintenance Building and Instrumentation and Control special services regarding uprating the Wastewater Treatment Plant to 12 MOD and the expansion to 15 MOD for an amount not to exceed $96,100. SUMMARY Alan Plummer and Associates, Inc. (APAI) has completed the preliminary design of the fallowing special services as identified in their contract, which was approved at the April 29, 1991 PUB and the May 7, 1991 City Council Meetings : m. Electrical distribution and alternate power supply at the Wastewater Treatment plant. n. Total plant instrumentation and control. o. Renovation and expansion: of the present Maintenance Building. p. Renovation of the South Positive Displacement Blower Building. q. Renovation of the South Plant Cyclone Degritter Building ~Y 1 y f.!P~7y In addition, it was noted during the preliminary design that Phase I improvements will move the chlorination facilities and the solids processing lab from the existing Return Sludge Pump Sysation. This space will provide space for electrical controls that would otherwise be located outside and needed storage space. The renovation and rehabilitation of these existing facilities will enable plant personnel to provide improved operations and maintenance for the plant, will provide additional office, lab, electrical control and w C maintenance space and will provide aesthetic continuity ' t within the p1Lnt. j During the preliminary design, Item m., Electrical distribution and alternate power supply at the WWTP, was evaluated and determined to be adequate meeting all . related Texas Water Commission requirements. The WWTP has arranged with the City Electric Department to improve reliability of the overhead electric service to the plant by extending an alterr,.:te power supply down Foster Road and relocating a utility pole away from possible collision with traffic. Two options were evaluated for the supervisory control and data acquisition (SCADA) system. Option I would only modify the existing equipment (terminal blocks) to make provisions for SCADA to be installed in the future. Provisions for the F new equipment are already included in the project. Option II would include a plant wide SCADA system. The costs are $24,500 design and $200,000 construction for Option I and $49,600 design and $500,000 construction for Option II. Staff recommends that the plant wide system be installed, Option II. This , option will greatly enhance the operation of the plant and should not be delayed. There is not sufficient funds in the 1992 CIP to cover the construction of these additions. Funds would have to be moved forward from the 15 MGD expansion, planned for the 1996 CIP. BACKGROUND On August 7, 1999, the City entered into a contract with APAI for preliminary engineering services for the 13 MGD uprating-and the 15 MGD expansion of the WWTP. The original contract was based upon the actual cost times a multiplier with a fee not to exceed amount. The original contract addresses the general Scope of Work for several phases of engineering. The precise scope of work is determined and the engineering fee is negotiated as each phase is initiated. The various phases are preliminary design, T-- 7F 1 viluox ` M I I I detail design, bid and construction. r On May 7, 1991, the City entered into a contract with APAI for detail design engineering services plus the preliminary design of items m. through q. listed above in the SUMMARY. AGENCIES AFFECTED ` j Citizens of Denton, Denton Municipal Utilities and Alan 1 Plummer and Associates, Inc. FISCAL IMPACT Amendment No. 1 for detail design of the architectural and instrumentation modification is for $96,100 or 10.7% of the estimated construction cost, $900,0001 for these facilities, See Exhibit ii, "Project cost comparisons" for preliminary and final comparisons of facility cost and Exhibit III, "Fund Analysis" for further project I~ information. i Prepared by: Submitted byi t Renee v. Sake, .E. Nelson, P.E. Engineer Associate I Executive Director of Utilities Approved bys i -al-d ;brs P.E. Acting Engineer Administrator Approved byt 4K.C-2k d M r i ctor Was ewate Finance Exhibit I. Amendment No. 1 II4 Fund Analysis III. CIP Detail Sheet ~s . y. ~ , ra![aisr: kiwi 'All VS&I, IV. RPRI Tech. Memorandums No. 12 and 13 V. Project Location Map i I f f t i { 1 i ~ l r f r; i ~ i f f f k i I 00T] 7 EXHIBIT October 16, 1991 13 MOD UPRATING IMPROVEMENTS PECAN CREEK WASTEWATER TREATMENT PLANT I s FUND ANALYSIS (1992 Dollars) 4 i r WW TREATMENT (BOND) STATUS $ (x1000) FUND SOURCE 1 92- 0470C06 $7,706.0 TOTAL FUNDS $7,706.0 EXPENDITURES Design 884.7 Ph 1 (13 and 15 MOD Pre-Design) Uprate Analysis (Contract) 81.8 Prel. Design (Contract) 105.9 Ph 11 (13 and 15 MOD Design) Detail Design (Contract) 600.9 * Special Services (Proposal) 96.1 Testing (Contract) 7r3 Construction (13 MOD) 5,950.0 13 MOD Improvements(Estimated) 5,850.0 Electric Improvements (Estimated) 100.0 ! E Inspection (Estimated) 850.0 TOTAL EXPENDITURES $7,692.0 AMOUNT OVER/(UNDER) BUDGET ($14.0) { BRING FORWARD FROM 1998 I Special Servlces - CONSTRUCTION r BUILDINGS 400 SCADA 500 ADDITIONAL INSPECTION 90 TOTAL ADDITIONAL EXPENDITURES 990 REVISED AMOUNT OVER/(UNDER) BUDGET $976.0 12.67% * Indicates contract under consideration. Indal3ur.wk3 i r,,. r.•nuta.. f , I EXHIBIT 11 October 16, 1991 R 15 MGD EXPANSION IMPROVEMENTS PECAN CREEK WASTEWATER TREATMENT PLANT FUND ANALYSIS (1996 Dollars) i WW TREATMENT (BOND) STATUS $ (x1000) ; 1 FUND SOURCE 96-0470-06 $9,150.0 TOTAL FUNDS ;9,150.0 EXPENDITURES Design (See 13 MGD Uprate) 50.0 Bid Preparation 50.0 Construction (15 MGD) 8,700.0 15 MGD Imprvmt (Estimated) 7,600.0 ! * Special Services (Estimated) 1,100.0 Inspection (Estimated) 800.0 E TOTAL EXPENDITURES $9,550.0 i AMOUNT OVER/(UNDER) BUDGET $400.0 I MOVED FORWARD TO 1992 E Special Services - Construction BUILDINGS 485 SCADA 600 i INSPECTION 110 TOTAL EXPENDITURES MOVED FORWARD 1195 REVISED AMOUNT OVER/(UNDER) BUDGET ($795.0) -6.6996 * Indicates contract under consideration, i fndal 5ex.wk3 1 r~ r 1992 CAPITAL IMPROVEMENT PROJECT # 92-0470006 PROJ TITLE; WWTP UPGRADE - 13 MGD ESTIMATED COST: $7706 (x 1000) EVALUATION SCORE: 100 GROUP ASSIGNMENT: 1 DESCRIPTION: This project addresses We necessary improvemenls to the Wastewater Treatment Plant required to most new TWC effluent standards and to expand the capacity of the plant to 13 MGD. PURPOSE: To expand the capacity of the WWTP to keep pace with increased flow due to growth and to achieve compllanca with more stringent effluent limps I required by the TWC, COST CALCULATION: From the January °1, 1991 - "Preliminary Opinion of Capital Improvements Costs" Irom APAI. All c )at estimates were adjusted from 1991 dollars using an annual 411.1atlon lactor of 5%, FUNDING REQUIREMENT&CASH FLOWSIENCUMSERANCES (In Dollars x 1000) ENC EXP ENC EXP ENC EXP ENC EXP ENC EXP END EXP 1992 0 94 N 94 0 94 J 94 F 94 6695 440 A ; 440 M 440 J 440 J 440 A ; 440 S 440 1993 0 440 N 440 D 440 J 439 F ; 439 M 439 A 439 M 439 J J A S ; 11994 0 , N D J F M A M ; J J A S i ENCUMBERANCES CASH EXPENDITURES BOND REV AIC OTHER TOTAL BOND REV A(C OTHER TOTAL I TOTAL 1ST YR $6596 $0 $0 $0 $6595 $3550 $0 s0 s0 53596 TOTAL 2ND YR $0 $0 s0 s0 $0 $3515 s0 $0 $0 $IWI^6 TOTAL 3RD YR $0 $0 $0 s0 $0 $0 $0 $0 $0 s0 { I GRAND TOTAL $6695 $0 $0 $0 $5596 $7086 $0 $0 $0 - $7065 I ENCUMBERANCE DATES: Encumbered as agent, PHASE DATE AMOUNT Prelim, Engineering 10190 5 tbg Engineering 6191 $ 751 Valve Engineering 5191 $ 172 Constfuctloll 3193 58038 Inapection 3193 $ 567 ENCUMBERANCE TOTAL $7706 COMMENTS: This is a multiyear project beginning in 199f Encumberances:Prlor to 1992 $ 1,111,000 Current CIP $ 8,595,000 Total Project Budget $ 7,70$,000 41t6191 12:21 pg taV:LS r 1996 CAPITAL IMPROVEMENT PROJECT # 96 0470 06 F TITLE: WWTP UPGRADE - 15 MGD MATED COST: $8180 (x 1000) RIPTION: This project addresses the necessary improvemGROUP ASSIGNMENT: ents to he Wastewater 2 Treatment Plant required to meet TWC effluent standards and to expand the capacity of the plant from 13 MGD to 15 MGD. PURPOSE: To expand the capacity of the WWTP to keep pace with Increased Iww due to i growth and to achieve compliance with more slrtngenl effluent limits required by the TWC. I COST CALCULATION: From the January 31, 1991 - ^ Preliminary Opinion of Capital Improvements Costs" from APAI• All cost estimates were adjusted from 1991 dollars using an annual inflation factor of 548. h FUNDING REQUIREMENTS:CASH FLOWS/ENCUMBERANCES (In Dolfars x 1000) ENO EXP ENO EXP ENO EXP ENO EXP ENO EXP ENO EXP 1996 0 N D J F M M J : J 275: 91 A ; 92 S 92 1997 0 N D J 8875 591 F ; 691 M A 591 M ; 591 J 691 ' 592 J 592 A ; 592 S 692 ff Igoe O ; SE12 N : 592 D ; 592 J 592 F A M : 592 M ; 592 J J A S. ENCUMBERANCES CASH EXPENDITURES j BOND REV AIC OTHER TOTAL BOND REV AiO O'T'HER TOTAL I TOTALIST YR $276 $0 $0 $0 $275 TOTAL 2ND YR $8878 $0 0 $278 $0 $0 $0 M so 412 I TOTAL 3RD YR $0 $8876 $5323 $0 0 0 M5323 so so $0 so $3562 $0 $0 GRAND TOTAL $9180 0 $0 0 9150 $9160 $o $ sa o $U02 Ma Mr;Itso ' ENCUMBERANCE DATE& Encumbered as spent. PHASE DATE AMOUNT Engineering 7198 M 26 VANS Engineering 7196 $ 260 Construction 1197 $8376 Inspection 1197 $ 600 £NCUMBERANCE TOTAL $9150 COMMENTS. This Is a multiyear project beginning in 1908. Encumberancea: Prior to 19% $ 0 Current CIP $8,160,000 Total Protect Budget $9,160,000 4118191 12:11 1 l ±a'n LKJ/'ONW y i TECHNICAL MEMORANDUM NO. 12 { Dates September 5, 1991 E Job No.: 457-0410 Tot Ms. Renee Baker I City of Denton, Texas I cet Mr. Howard Martin, City of Denton Mr. Asa Brown, City of Denton Mr. Lee Head, RE., Alan Plum=r and Associates, Inc, From: Pete K Patel, P.E. Chiang, Patel and Associates, In Subject: City of Denton, Texas Pecan Creek Wastpw"ater T ent Plant (WWTP) Preliminary Desi ct Plant EIe cal Se ~fiealions l 1.4 =Drtoe The CiP can ek Wastewater Treatment Plant's proposed expansion to 13 MGD average flow ca#city and later to a 15 MOD average flow capacity will require the present power dfs tion to be modified significantly to accommodate the increased loads. This memorandum presents a description of electrical service modification to achieve the required load capacity, by two different alternatives. 2.4 DMODUCT'ION The purpose of this memorandum is to describe a preliminary inodiflcation concept, designed to enlarge the present overhead service distribution and an alternate underground distribution system. This enlargement will provide additional power required by the increased flow capacity, and for the new process treatment units. 1 T T- 3.0 EXISTING ELECTRICAL FACILITIES I Pecan Creek Wastewater Treatment Plant was constructed in the early 1960's with oints were by a major sersubvseequent service line entering the sPe from Maylnll Road on thetwest. In 1970 when the plant was expanded, power was extended overhead to a pole mounted transformer bank located near the primary sludge pump station. These electrical facilities made up the "North Plant Electrical Distribution". The "South Plant" was constructed in 1982. With this expansion came an increase it, power demand and more widespread usage points. Four pad mount service transformers were installed near greater power consumption points, replacing pole mounted transformer banks. Two of the new pad mount transformers were installed in the "South Plant" area and served three new motor control centers. Present overhead service to the Plant is owned by the City of D n's Electrical Utility f 1 Department. All service drops and transformers are also o ed the Utility. oThe ounted j service presently consists of four (4) pad mount tr o e o (2) p i transformers, overhead lines, poles, and drops. The primary service overhead line enters plant fa "lilies from Mayhill Road west of the site. After entering the site the over le bran ~vro (2) directions with one branch f going to a pole near the admi'l l tion b 11 d e other branch following the road { past the digesters to a pole transto err. a first overhead line that leads to the pole by the administration ldin tir~rrc9ee at that pole with one service overhead line to a pad mount trnsf at a t s e pump station and a service drop to a pad mount l transformer at ~=str n buildfag. The other branch goes to a pole east of the administration bl~Uing par nThis branch in turn branches with one overhead line to a pole mounted trarul r` orated beside the primary sludge pumping stations and the other overhead line nuuun t to a pad mount transformer across the roadway from the return sludge pump station No. 1 building. Two pad mount transformers located near the south blower building and return sludge pump station No. 2 are served by a overhead line extending from the west. 4.0 PROPOSED SERVICE MODIFICATIONS Three primary services are required to provide for all of the plant loads. Regardless of the for type serviced and adopted, V powerisource Ofor V, power he new blower will be h istlto equalization basin n house three (3) 600 hp blowers eventually. The proposed Plant service modification (Reference Figure 1) improves primary service reliability by adding a second primary power source from the service line along lAayhill Road. The new overhead service will serve primary power to the proposed equalization 2 i i. ~ Jr i i is basin motor control center. In order to achieve reliability by redundancy an overhead service line will be tapped from the equalization primary feeder and routed to the existing raw sewage pump station motor control center. The existing overhead service and the proposed overhead service together provides redundant power for the existing raw sewage pump station. Power source selection will be provided by two fused cutout switches and a hook stick disconnect, or by other means which the electric utility department may deem necessary. A three way tap will be made on the proposed overhead line leading from the equalization f basin feeder to thr, treatment plant. This tap will supply primary power to the proposed blower building selector switch by overhead line. A second primary power source for the j selector switch will be provided by overhead service from a tap on the existing primary line to the existing raw sewage pump station. i 7 Figure 2 illustrates by one-line diagram for the alternate distribution system consisting of two 2,000 KVA pad mount transformers with primary fused load break switches and a double-ended main switchgear with kirk key interlock. A tie brea etween the two main buses assures continuity to the plant in the event one k- c, transformer service is interrupted. In order to provide complete power redunda , the sting overhead service will feed one primary switch and transformer whil" propose averhead service from MayMll Road to the new equalization basin wil e " ed and new feeder will be extended to the other primary switch and transformer; a distribution switchgear will serve all the existing and proposed 480 volt loads. e 416 ~ volt loads; namely the new blower building, will be served by the 41 volt trlansf r atAhe blower building. f' Underground concrete encased PVC~eonduit' duct banks are proposed for replacing existing aerial cable, direct ca>;) afsd bu3iedconduit for feeder routes. Installing cable in duct bank prot=ns~tla~ qn from deterioration induced by weather, sun, corrosive atmosphere andradents. Duct bdnks also help alleviate down time caused by ice, wind and lightning strikes, pry al with overhead service. Spare empty ducts will be provided in all duct banks, allowiri a expansion. 5.0 SERVICE COMPARISON Two primary service improvement types are outlined in this report. The following is an analogy of the two types by cost, and utilization; ~ Modification of the existing overhead service will be the least capital cost because in part, service lines and transformers are owned by the Utility. Overhead services lines are more susceptible to damage by corrosion, lightning strikes, wind, and ice storms. Underground duct bank service proves more reliable. 3 i 17..,. rc,ro.Vrr i r~ 4 • A central substation provides more adaptability for increased loads or changes in load requirements. It is also more automated for monitoring and load control, • Because the primary service and transformers are owned and maintained by the Utility department, trained, knowledgeable personnel will be working on the high voltage situations. • Installing a central substation and distribution would cost approximately $475,000 more than the cost of modifying the existing overhead service. However, a cost reduction in going from a GI power rate to a LP rate afforded by the central substation would provide a pay out over a short term. Refer to the attached rate cost summary for both 13 MGD and 15 MGD flow capacity. ,~produce a cost benefit 0 The underground distribution alternative will, howevar to the Water Department in the Rate Schedule~F%ch oz this alternate the LP rate schedule will be effective. 'The LP at ule is lower than the I rat es. Based on our ` current GI rate schedule, especially fortnergy to Cod sa for the Water Department will Power load demand analysis the be $109,936.00 for a 13 M plant 126,706.00 for a 1~ MGD plant. will pay for itself ii: 4 to b years Hence, the underground distiQn alternate depending upon t plant pe loading. The cost analysis is demand calculations th ar" wn inl e a ?ached cost summary tables. } 4 I i 1 r 4 _ anT;.:rry~ i CITY OF DENTON PECAN CREEK WWTP LOAD TABULATION mm~ CONNECTED EST, AVG. EST, PEAK LOAD CENTERS LOAD DEMAND DEMAND 15 Z5 GRIT REMOVAL 49 BLOWER BUILDING 1,446 650 CHLORINATION/DECHLORINATION 41 10 15 WASTE SLUDGE PUMP STATION #1 84 20 40 E DISSOLVED AIR THICKENER 45 18 ~ SLUDGE HOLDING TANK 34 17 27 E BELT PRESS BUILDING 40 28 36 ~ 30 20 MISC. OTHER LOADS KYr) TOTAL CONNECTED LOAD 1,73/9/ • • E}IISTINO FACILITIES LOAD \;W6 KW 696 Kw TOTAL. ESTIMATED DEMAND 1,264 KW 1,695 KW • FJ{ISTING FACILITIES LOAD IS } v ' THE YEAR 1990 AVERAG } MONTHLY KW DE EMSTING LOADS 0 9 REMOVED. EOUALITATIONRASTN ON J , SEPARATE METER ) J 367 KW 30 KW Im KW MULTIPLIER FOR D 1,15 2,422 KW 1,490 KW 2,122 KW I 5 -T._._ E r CITY OF DENTON I` PECAN CREEK WWTP f ESTIMATED ENERGY COST SUMMARY FOR 13 MGD Cost for Cost for LP Rate ' GI Rate LP Rate Saving r Montlily Averaae Plant Average S44,057.00 $35,788.00 Equalization Bain 1,065.00 908.00 TOTAL 545,121.00 S36,696.00 $8,476.00 Yearly Averaae Plant Average $440,570.00 $357,880.00 Equalization Basin 8,520.00 7,264.00 i Peak Demand 139,L30.00 1p,150.00 I TOTAL 5588,220.00 <~'U7t,24.00 5109,936.00 ESTIMATED ENERGY COST SUMMARY FOr15,NbD s Cost for Cost for LP Rate GI Rate LP Rate Saying { aae ~~1? i P Monthly Aver Plant Average ^•$50,712.00 541,187,00 i C f Equalization Basin \ ~c \1,239.00 1,049.00 TOTAL ✓ S51,951.00 542,236.00 $9,715.00 , Yearly Averaae Plstnt Average $507,120.00 $411,870.00 j Equalization Basin 9,912.00 8,392.00 Peak Demand 160,035.00 1301100.00 - TOTAL $677,068.00 $550,3h2.00 $126,706.00 • 6 t , 1 M Ui4YA'U 3 t,..: r:- c i i ESTIMATED ENERGY COST FOR 13 MGD i AVERAGE COST USING THE GI RATE: AVG. hALF VO. FC DC EC E~ DAYS KW KWH 20 6.0 .4298 .019 TOTAL 30.4 1,264 746,9981 57584 522,280 514,193 544,057 30.4 1,695 81 f20 $10,170 $29,871 519,032 $59,073• t E ESTIMATED MONTHLY AVERAGE COST ■ $44,057 X (10) $440,570 -ESTIMATED PEAK DEMAND COST ■ $59,073 X (2) . $118.146 ESTIMATED YEARLY AVERAGE COST $54716 EQUALIZATION BASIN: AVG. AVG. PC DC EC ECA k DAYS KW KWH LF 20 6.0 A298 1019 TOTAL 30.4 30 17,730 .81 $20 S C $548 $337 S 1,065 30.4 LSO 88,646 .81 S20 $900 tf2,662 $2,684 $5,2A6•• ESTIMATED MONTHLY AVERAGE COST - $1,065 l 8) S 8,520 "ESTIMATED PEAK DEMAND COST ■ $ (4) - $20, E ESTIMATED ~AV~ f $ 29,504 \ P~ COST $558,716 E4U' ` 77ON BASIN COST TOTAL YEARLY COST $588 220 1EQENM? I i LF Load Fador FC Fad tty awp DC Demand CLu6es EC Enerp C wp ECA Constant _I 40 ,A5b_T9 K, i) 0 E ESTIMATED ENERGY COST FOR 13 NfGD AVERAGE COST USING THE LF RATE: AVG. A'VG, Fc D( EC ECA DAYS KW KWH LF 60 9,0 .0136 .019 TOTAL t 30.4 1,164 746,994 .81 $60 $11,376 $10,219 $14,193 $35,788 30.4 1,695 1,001,704 ,81 $60 $1505 513,683 $19,032 $47,9706 1 STIMATED MONTHLY AVERAGE COST . $35,788 X (10) _ $357,880 'ESTIMATED PEAK DEMAND COST . $47,970 X (2) S 95.M ESTIMATED YEARLY AVERAGE COST $453,8211 EQUALIZATION BASIN: AVG. AVG. FC DC EC ECA DAYS KW KWH LF 60 9,0 136 .019 TOTAL 30.4 30 17,730 BI $60 5301 5337 4908 30.4 150 88,646 .81 $60 ~S1,350 #I,266 $104 S4,300'• ESTIMATED MONTHLY AVERAGE COST • SW (9 . 17,264 "ESTIMATED PEAK DEMAND COST . S4r (4) $17200 F.STIMAJMYEARLY,1'C~►S COST $24,464 \ af5T P1ANT COST $453,820 EO\UALIZATION WIN COST 4,W TOTAL YEARLY COST `3478,284 LF 1426 Factor FC Facility ChuuBe DC Demand Chup EC Eaa V Charge ECA Cmamat 8 rt ESTIMATED ENERGY COST FOR 15 MGD AVERAGE COST USING THE GI RATE: A\'G. AVG. FC DC EC ECA DKYS KW KWH LF 20 6.0 .0298 ,019 TOTAL 30.4 1,455 859,870 ,81 $20 $8,730 523,644 $16,338 $50,712 ` 30.4 1,949 1,151,812 .81 $20 $11,694 $34,344 $21,884 $67,922• ESTIMATED MONTHLY AVERAGE COST ■ $50,712 X (10) ■ S507,120, ,ESTIMATED PEAK DEMAND COST = $67,922 X (2) $135,844 ESTIMATED YEARLY AVERAGE COST $642,964.00 EQUALIZATION BASIN: 7781808.00 AVG. AVG. tC DC EC ECA DAYS KW KWH LF 20 6.0 .019 TOTAL 30.4 35 20,684 .81 $20 spq~ 5636 $393 $1,239 30.4 173 102,139 .81 $20 1,038 \~V,067 53,943 56,0486" ESTIMATED MONTHLY AVERAGE COST ■ $1,239 V 8) $9,012 ''ESTIMATED PEAK DEMAND COST ES IMAITYFARLx~A M4P E COST 534,104 \T8~ TME T PLANT COST $642,964 LQ`UALITATION BASIN COST 34.1 i TOTAL YEARLY COST $6771ma i E LF Load Factor FC Facility Charge, i DC Demsod Charge EC EaetV Charge ECA Constant 9 T-_ 4 s ESTIMATED ENERGY COST FOR 15 MOD AVERAGE COST USING THE LP RATE: AVG, AVG. FC DC EC ECA DAYS KW KWH LF 60 9.0 .0136 .019 TOT/ Y. 30.4 1,455 859,870 .81 $60 S13,095 $11,754 $16,336 541,187 30.4 1,949 1,151,812 .81 560 517,541 $15,725 :21,884 $55,150'0 ESTIMATED MONTHLY AVERAGE COST - 541,187 X (10) $411870 'ESTIMATED PEAK DEMAND COST - S55,L50 X (2) a 5110300 'ESTIMATED YEARLY AVERAGE COST $54170.00 EQUALIZATION BASIN: AVG. AVG. FC Dr EC ECA ; DAYS KW KWH LF r 60 910 6 .019 TOTAL 30.4 35 20,684 .81 550 S C $341 $393 $1,019 30.4 173 102,239 .81 $60 1,557 1,450 $1,943 $4,95000 ESTIMATED MONTHLY AVERAGE COST a $4049 x 8) V ''ESTIMATED PEAK DEMAND COST - 9 (4\ 519.800 ESTIMATI;D"YEARL'A SiE COST $4192 ~T ` I \ ~M PLANT COST $522,170 E031AL1ZATION BASIN COST V TOTAL YEARLY COST --5550,362 LF Load Factor FC F&4 V Charp _ DC DcmmW Chums EC Energy Charge ECA Constaa! 10 I 1 l F oval" EXISTING OWMAD SOUNCE POLE ~I ryrn MM DIGEST" i j i ' Know MOO w A j w M PAD 0" Pat ki" w 1 t w v we v PAD MOUN1 I S w w ~yAw W McaO YCS-M PAWL PANEL CrM30M PRNMY DAM SILDOE PRUMV MI►OY10 ~w v A SLUDGE AND QUr KOM PROCESSING SWOM PANS ~ MOO SURDND W"I" PIMP SIAT" MANIENAMGE ! DAM mm a KYC5NITCHCEM W"m t 1 w : PAD MDIMi ~ 1 r v } lie PAMEE PANT, Pm a 5 fAmm WRIN EEauRUSDND t uR'aa wWMD ypG PAD YONMr Mat PkW NAI Mat WY Y v - coy" own" KOK *AW MOM uMDOIDRwwo it SYSTEM R.yr S Of an f FC0.nc51 Mcc-d J POP STATION M~RMM SrA110M SEW VAN" LOGO 1000 ORMT - WV MAIOMQIQND M $41W IKAMN SLUDGE. FO M I PIMP STATION I MG.4 ftw i a+Rwn Pv W A" Piuawwr Red AwoGMMS, taa ctrl' M WrIft MIMI ~ ! MnAi~nawi orErMi. OMPAC avf~f0 N s` , Ii - NNW i V1. , „ r::?rte i 1 'I wail wow r°~ / y„e„y Ny u.v nn j i j Wvn +Wn u _ w. w~u Ise I 1 i 1 DWI w. , 1 MMA MM. W Y. fl, lR 1111 Y4,. M WM W f I S +111/1 WM WA W!l III.A Illn Wn WVI WA WA W/1 Nrn I 1 Y y j I w 1 N Yr 1 IN' WKM w YN Y ~~~,1p~I 11p~ w r w 114.1 wt~rq Wtr w la. M 11 MV ~M I~ µAll~ ~ ~Y~ - Otll w{M L111. IMYIM A 11411. 1x.1 "T~STM~ l W W /yWY~M, Otl1. `tey Ml iIR-1 ~ ~ r r 1 I i IalarlwfY j GRAFT . I (inaouo cLEcnuw woolnc~na,s SKW4 MAVOU FIGURE 2 1 I..r..~I+a..r.-.r xlwlm r,>rL s Awn Plummer •ad Ainol4t~~, Ino. CRT 0► DOROR. T9W MAW =T.~a.Wlw. lnCNl wm r 11Yl1sllf PROPOSED PLANT ONEUNE 01AMAM J w°~ ii.lti.'laua_~~ wr~ea.rllr..w~n. ..~rw. r ~ MYR-llWt I ~l7~tmin y 1 i 1 LI' C~IYx•q•^~ r i i I E TECHNICAL MEMORANDUM NO. 13 Date: September 5, 1992 t Job No.: CDE9119 To: Ms. Gerald P. Cosgrove, A.E. ` City of Denton, Texas ccr Mr, Howard Martin, City of Denton Mr, Asa Brown, City of Denton From: Pete K Patel, P.E. Chiang, Patel and Associates, Inc. A. Lee Head III, P.E. Alan Plummer and Associat , nc Subjects City of Denton, Texa~~s~ Pecan Creek ~asteZ V eatment Plant (WWTP) Suparvi tool ~nd Da cquisition (SCADA) Des! FP o U 1.0 INTROD ON This memorandum cribes and the associated cost for the proposed computerized Supervisory Control And Data Acquisition (SCADA) system to be installed at the Pecan I Creek Wastewater Treatment Plant (WWI?). The proposed system hicludes all hardware, i software, programming and installation of a Local Processing Units (LPL) type system. i U GENERAL In the past, the instrumentation system at wastewater treatment plants usually consisted of measuring flows of various process streams and the dissolved oxygen in the aeration basins. This is what the Pecan Creek Wastewater Plant has, in addition to the small annunciator system which monitors some basic alarms and the suspend solids levels. Most of the instruments are working but with frequent malfunctions and with erroneous readings, Other instruments are no longer meeting their designed functions. The existing central system consists of. 1 t, is i,4 4 LHwLY f:S~ F° • Sixteen (16) strip chart recorders • Three (3) flow indicators • Thirteen (13) electric-mechanical totalizer One (1) bank of annunciators monitoring approximately 10 points The central system is located inside the control building. The system has very limited space J provisions for some expansion. The system does not have any control function. All control 1 are done locally at the equipment, Some equipment controls are automatic, such as the raw sewage pump stations. But most of the remaining equipment requires manual interface. The remote lift stations however does have a SCADA system which uses radio transmission. no system is working adequately. 3.0 NEW TRENDS In recent years, the instrumentation systems at wastewater tr plants has undergone a remarkable change for several reasons. The State A ations have become b under pressure, Tile j much more strict, and discharge permits are expecte ntinuInt operating cost are rapidly rising along with the po requirorr nts, The treatment plants require flexibility in operation to change treat~t parameters based on seasonal fluctuations. And finally, the plant operatoi~req tres more and more historical information at his "finger tips". Ik ( The microprocessor base supe ser?+ control and data acquisition system (SCADA) technology helps in en~irtg o above requirements plus more, Plants small and large are rapidly acgt~ tht .t chir Iogy to meet their treatment and operations goals. It is for these reasons it is recommend that the Pecan Creek Wastewater Treatment Plant select a SCADA system configured as a distributed processing network as Indicated in Figure 4, "Control System A eture". 4.0 SCADA SYSTEM The proposed system will provide remote capabilities so the process functions and equipment can be monitored and control of selected equipment can be accomplished from the central PC computer system. A SCADA System can more effectively utilize existing manpower to operate the plant. Instead of going to each pump station or facility to read data and manually prepare reports, the operators can gather data and prepare reports from the central computer system. The central computer system can be programmed to automatically output reports daily, weekly, monthly and/or yearly as desired reporting minimum, maximum and average of any flow being recorded. Alarm recording and maintenance requirements can also be obtained, This system consist basically of remote intelligent PLC stations connected to the central PC computer via dual data highway, The system will have the inherent capability of operating independent of the central system in 2 1 1 } !i i i the event of lost communications bet,veen the local and central system. During such outages M k the local LPU'S will continue to store monitoring data which will be recalled by the central system when communication is restored. The SCADA system will operate on a Dual Fiber Optic Cable Data Highway, this data highway will allow for future expansion in the plant as well as relocation of the central computer system at a later date, Control and indicating functions will Include digital logic control, PID control, set point control, graphics indicators, graphic annunciator, start/stop controls, etc. The basic hardware will consist of. • Two (2) PC 486 computers with 19" touch screen color monitors hard drires and floppy disks; _ • Six (6) Local programming logic controllers (PLC) with instrument panels, UPS and required Indicators; r ~ • One (1) Main programming logic controllers (PLC) with instrument panel and UPS; and, • Required computer room furniture. All of the proposed hardware will be off-the-shelf h~r re made a}or manufacturen%, such as 1BM, AST, Compaq, Texas Instruments, efc. entral sys will be simple aur.l will resemble a regular PC work stations, except tale will be industrial grade. There will not be any external instruments, such as rec , ind{ators, etc, at the central station. All these functions will be handled bX tthe comai elocal units will mainly consist of a programmable logic controll i'nput.~utlfut and process indicators. These local processing units (LPU) wig ave ` cap6ility of operating independent of the central system In case of an fi ce tr system. Si0 SOFTW C% Aside from a good a hardware, the SCADA system software is the most critical. The software should utilize simple programming steps, but yet be able to perform a multitude of tasks. The software will have, as a minimum, the following features. j • Multitasking operating system; { • Data Collection; • Historical and Archival Data Logging; • Report Generation; • Timed Reports; • Alarming; 3 S Iw nntax~ 2 • Control Functions; • Trending - Historical and Real Time; • Networking; • Telephone Modem Support; • Radio Capability; • Easily Configured Display and Display Modifications; and, • Real Time Display with Status Change Color Change Feature. The documentation software will be similar to "The Fix: Intellutions, Inc,'; and the graphics display software will be similar to "plant-View Indelea". 6.0 INSTRUMENTS The existing primary elements and transnutters of th mentatt r>\sy~stem will be reused ! ' with only minimal modifications, unless the irLst ent had pasvproblems. The level instrument in the Return Sludge Pump Station Noet well will be replace with a i Ultrasonic, by Milltronics. Suspended sob sinstruments in both Retum Sludge Pump Stations will be replaced with inst ments r, 'C1 t akes. For the new instruments, the followiq is recommended: IJ • Dop lys , or I dge flow; • U tras' onic fo e\fft ent flow; I • Inse vtturi for air flow at header; • Capital controls for dissolved oxygen; • Ultrasonic for wet well and basin levels, and • On detection by MSA Corrosion is a major problem for the instruments. To combat this problem, the following will be specified: • Enclosure condensate space heater for all transrrutters; • NEMA 4-X stainless steel enclosures; 4 1 1 ~ a. r IPEI!i2~1 7 `jjEyj] 1 I&V • Tin plated annealed copper wiring; • Conformal coating on all PC boards for corrosion protection; and, • Sealed conduit entrances, 7.0 CONCLUSIONS The proposed SCADA system if Implemented the instrumentation system will undergo a major modification insofar as the central monitoring system is concerned. The recommend system will replace all the existing "hard wired" system, The SCADA system will be quite simple to operate and in the long run, will have numerous benefits. The existing central monitoring system will no longer be required, I 8.0 COST Table 1 presents a opinion of probable construction cost for thrrecommended SCADA system. This includes the required hardware, software, modJ~Kns to the existing motor control centers and replacement of certain non•func CT4 T 1 tio ' i sr~t ents. f j ~ 1 j 0 N ~ PECAN WATER PLANT O [ONO OBA LE CONSTRUCTION COST SUMV] NT3tDL A 0 DATA ACOUISMON \ CStl ~S~GIDA) 1 COST i Mo OrNTROL M;M MOD1FICKTIONS $ 50,000.00 EXISTING INSTRUMIM REPLACEMENT $70,000,00 i f LOCAL PROCESUNG VNrM (LPU) 3180A00A0 i MAIN TERMINAL UNrr (MTV) 3 25,000.00 !j PC COWMRS AND ACCESSORIES S30,000.00 PC EIJRNITURS $ 3.000.00 SOFTWARE 3 12,000.00 PROORAMMINO 3 2$1000.00 FIBER OPTIC DATA HIGHWAY S 14.00.00 CONTINGENCIES $ 60M, TOTAL 3469,000100 (Y o-a t s E4 TIP4 ( !i ` - ` _ - - CONTROL BUILDING CONTROL ROOM I ® II 11 I I ~ ~ ® w I I ~ w« IML null i w / In 1 I • I I • • I I I ~~wilMt I rlr~ I 1 I I >Ir- I PROPOSED I I PROPOSED BELT I I REIURtJ SLUDGE I I PRESS'BUILDINO !LPUMP STATION t2 ` I Lwruwt EOUAUZATION BASIN l L J 1 i I YM rM I , M - Tl- I I j RAW WASTEWATER RETURN SLUDGE -PROPOSED i 1 I PUMP STATION I PUMP STATION 11 I BLOWER BUILDING I I I I w an e I - I I I I • ni' wp L "r.r.l _ li.~~rr I~•xI.•I~r CLrw" i DRAFT FIGURE I Also Plucomor and Mwal.u~. too. CRY or DC11oM, tNtl►9 NAPA E"ltM ■Aq OL44RO I_I rt~ H~ wr,r...a..r~rw►n'..r..rr ~ ~ruM~NUnn I i~MriM t+~ II(1Rr0 1Y ral~ ; I r, j i I ' 1 k C O O K S C O U N T Y G R A Y S 0 N I ~ y a PILOT POINT } ~ Lake O Royy ` SAN%, R Ro%orM D E N T 0 NC O U N T Y auaREY 03 KRUGERVILLE KRUM l f Z LINCOLN PARK 360 I~ ...e~4 p0 ra r ; DENTON I I a} OAK POINT j PONDER yC~ 1 r/r,~ PECAN fti J^ j CREEK it WWITP SHHaR INJ 1 CORINTH I TLE EL 1 NORTHLAKE Ll CREEKRY° + L ARGYLE A A I CORRAL COPPER CITY CANYON g THE COLONY r 1l 1 HIGHLAND USTIN VILLAGE LBWisvllle Lake I 6ARTO~NYILLE DOUBLE OAK FLOWER MOUND LFWISYILLE j Grapevine L CARROLLTON C 0 U N T Y , 0 A L. L A S C 0 U N' T A R R A N T I~ j, , t f EXHIBIT II yOctober 16, 1991 13 MGD UPRATING IMPROVEMENTS ` PECAN CREEK WASTEWATER TREATMENT PLANT 13 k FUND ANALYSIS (1992 Dollars) y WW TREATMENT (BOND) STATUS $ (x1000) FUND SOURCE 92-0470006 $7,706.0 TOTAL FUNDS $7,706,0 EXPENDITURES ' Design 884.7 I Ph I (13 and 15 MGD Pre-Design) ; Uprate Analysis (Contract) 81.8 Prel. Design (Contract) 105.9 Ph 11 (13 and 15 MGD Design) j Detail Design (Contract) 600.9 e Special Serv;ces(Proposal) 96.1 Testing (Contract) 7.3 Constructlon (13 MOD) 5,950.0 13 MGD Improvemente(Estlmated) 51850.0 Electric Improvements (Estimated) 100.0 1 Inspection (Estimated) 850.0 l TOTAL EXPENDITURES $7,692.0 AMOUNT OVER/(UNDER) BUDGET ($14.0) BRING FORWARD FROM 1996 Special Services - CONSTRUCTION BUILDINGS 400 SCADA 500 ADDITIONAL INSPECTION 90 TOTAL ADDITIONAL EXPENDITURES 990 REVISED AMOUNT OVER/(UNDER) BUDGET $976.0 12.67% ? Indicates contract under consideratlon, lndal 3ur.wk3 l i , 1 ;fit 'i i,+'•YSP~,y 1 I I EXHIBIT II -October 16, 1991 15 MGD EXPANSION IMPROVEMENTS PECAN CREEK WASTEWATER TREATMENT PLANT FUND ANALYSIS i (1996 Dollars) j WWTREATMENT (BOND) STATUS $ (0000) FUND SOURCE $9,1500 96- 0470- 06 TOTAL FUNDS $9,150.0 EXPENDITURES Design (See 13 MGD Uprate) 50,0 Bid Preparation 50,0 Constructlon (15 MGD) 8,700.0 15 MGD Imprvmt (Estimated) 7,600,0 * Special Services (Estimated) 1,100.0 I,r Inspection (Estimated) 8000 TOTAL EXPENDITURES $8,650.0 i AMOUNT OVER/(UNDER) BUDGET $400.0 MOVED FORWARD TO 1992 Special Services Construction BUILDINGS 485 SCADA 600 INSPECTION 110 TOTAL EXPENDITURES MUVED FORWARD 1195 REVISED AMOUNT OVER/(UNDER) BUDGET ($796.0) _8.69% * Indicates contract undbr consideration, 1nda16ex,wk3 T _ t 1992 CAPITAL IMPROVEMENT PROJECT # 92-047 0006 PROJ TITLE; WWTP UPGRADE , 13 MGD ESTIMATED COST; $7706 (x 1000) EVALUATION SCORE; 100 DESCRIPTION; This project addresses the necessary improvemenntsP10 helWastewater 1 Treatment Plant required to meet rlew TWC effluent Standards and to expand 1118 Capacity of the plant to 13 MGD, PURPOSE; To expand the capacity of the WWTP to keep pace with Increased flow due to growth and to achieve compliance with more stringent effluent limits required by the TWC. I a COST CALCULATION; From the January 31, 1991 - "Preliminary Opinion of Capital Improvements Costs" from APAL All cost estimates were adjusted from 1991 dollars using an annual inflation factor 0(6%. FUNDING AEOUIREMENTS;CASH PLOWS/ENCUMBERANCES (In Dollars x 1000) ENO EXP ENO EXP ENC EXP ENC EXP ENO EXP ENC EXP 1992 0 94 N 94 D 94 J A 440 M 94 P ~ 94 8595 440 440 J 440 J 440 A 440 S 440 1993 0 ; 440 N 440 0 ; 440 J ; 439 P A 439 M 439 J J ! 439 S IV, 439 1994 0 N DI M M ENCUMBERANCES CASH EXPENDITURES BOND REV AIC OTHER TOTAL BOND REV AIC OTHER TOTAL f TOTAL 1 ST YR $8895 $0 TOTAL 2ND YR $O $0 $0 $8696 $3680 $0 $0 $0 4358 TOTAL 3RD YR $0 $0 $0 $0 $0 $31518 $0 $0 $0 5$'5'1'6 GRAND TOTAL $8898 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $8896 $7068 $0 $0 s0 $7486 ENCUMBERANCE DATES; Encumbered as spent, PHASE DATE AMOUNT Prelim, Engineering t0/90 $ 188 Engineering 8/91 $ 781 1 Valve Engineering 6191 $ 172 Construction 3/93 Was Inspection 3193 $ 667 ENCUMBERANCE TOTAL $7706 COMMENTS; This Is a multiyear project beginning in 1991 Enaufterances;Prlor to 1992 $ 1,111,000 F Current CIP $ Total Project Budget $ 7 7081000 4116191 f2,21 P i r CAPITAL. IMPROVEMENT PROJECT # 96-0470-06 3996 I II - PROJ TITLE; WWTP UPGRADE - 15 MOD I r ESTIMATED COST: $9160 (x 1000) GROUP ASSIGNMENT: 2 I DESCRIPTION: This project addresses the necessary improvements to the Wastewater Treatment Plant required to meet TWO effluent standards and to expand the capacity of the plant from 13 MGD to 16 MCiO, PURPOSE: To expand the capacity of the WWTP to keep pace wun increased flow due to growth and to achieve compliance with more stringent effluent llmlts requlred by the TWC. COST CALCULATION. From the January 31, 1991 - "Preliminary Opinion of Capltal Improvements Costs" from APAL All coat estimates were adjusted from 1991 dollars using an annual inflation lector of 6%. FUNDING REOUIREMENT&CASH FLOWSIENCUMBERANCES (In Dollars x 1000) ENO EXP ENO EXP ENC EXP ENO EXP ENO EXP ENC EXP ; F M 1998 0 N 0 J t A M J J 278 91 A 92 8 ; 92 0! J 9875 ; 591 F ; 591 M ; 591 1997 N 892 J 692 A 592 S ; 692 A 691 M 891 J ; A ; f 1998 592 N ; 692 D ; 682 J ; 892 F ; 692 M 592 A ; A ; M ; J A J S ~ ENCUMBERANCES CASH EXPENDITURES BOND REV AIC OTHER TOTAL BONO REV AIC OTHER TOTAL, TOTAL IST YR $276 $0 80 80 $275 8276 $0 $0 50 $275 TOTAL 2ND YR $8878 $0 $0 $0 $8875 $5323 $0 $0 $0 $6393 TOTAL 3RIO YR $0 $0 $0 $0 $0 GRAND TOTAL $9160 $0 80 $0 59180 $9880 $0 s0 s0 $91560 ENCUMOGRANCE DATES; Encumbered as spent, PHASE DATE AMOUNT Engineering 7198 8 25 Valve Engineering 7198 $ 250 Construotlon 1197 $8375 Inspection 1197 $600 j ENCUMBERANCIS TOTAL $9160 COMMENTS: This Is a multiyear project beginninE in 1999. 1 Encumberences, Prior to 1996 $ 0 Current CIP $9,160,000 ` Total Project Budgel $9160,000 4!48!4112,11 --...Pg j G r fr,~ TECHNICAL MEMORANDUM NO. 12 Date: September 5, 1991 Job No.: 457-0410 To: Ms, Renee Baker City of Denton, Texas W Mr. Howard Martin, City of Denton hi:r, Asa Brown, City of Denton Mr. Lee Head, P.E., Alan Plummer and Associates, Inc. From: Pete K. Patel, PIL. Chiang, Patel and Associates, In Subjectt City of Denton, Texas Pecan Creek Wast ater T ent Plant (WWT?) Preliminary Desi ct j Plant Ele cal Se lfi a ions t I 1.0 $The Ciek Wastewater Treatment Plant's proposed expansion to 13 MOD average flow caii ac: and later to a 15 MOD average flow capacity will require the present power dis rt~mt~on o be modified significantly to accommodate the increased loads, This memorandum presents a description of electrical service modification to achieve the required load capacity, by two different alternatives. 2.0 DMODUCTION The purpose of this memorandum is to describe a preliminary rnodifieation concept, ! designed to enlarge the present overhead service distribution and an alternate underground distribution system. This enlargement will provide additional power required by the increased flow capacity, and for the new process treatment units, j E ~I 1 i i ~I ~d i 3.0 EXISTING ELECTRICAL FACILITIES Pecan Creek Wastewater Treatment Plant was constructed in the early 1960's with { subsequent major expansions In 1970 and 1982, Three primary distribution points were { served by a main service line entering the site from Mayhill Road on the west. In 1970 when the plant was expanded, power was extended overhead to a pole mounted transformer bank located near the primary sludge pump station. These electrical facilities made up the "North Plant Electrical Distribution". The "South Plant" was constructed in 1982. With this expansion came an increase in power demand and more widespread usage points. Four pad mount service transformers were installed near greater power consumption points, replacing pole mounted transformer banks, Two of the new pad mount transformers were Installed in the "South Plant" area and served three new motor control centers. Present overhead service to the Plant Is owned by the City of D n's Electrical Utility Department, All service drops and transformers are also owned the Utility. The existing service presently consists of four (4) pad mount tra offer o (2) pole mounted transformers, overhead lines, poles, and drops, The primary service overhead line enters t plant fa ele from Mayhill Road west of the site. After entering the site the overhea I bran a (2) directions with one branch going to a pole near the adminis tinn b a dh~e other branch following the road t past the digesters to a pole Med trans o ere first overhead line that leads to the pole by the administration kiln cleat that pole with one service overhead line to a pad mount traEding at s e pump station and a service drop to a pad mount transformer at ~t str t o building. The other branch goes to a pole cast of the administration bparkinThis branch in turn branches with one overhead line to a pole mounted tram r ocated beside the primary sludge pumping stations and the oifier overhead line ru to a pad mount transformer across the roadway from the return sludge pump station No. i building. Two pad mount transformers located near the south blower building and return sludge pump station No. 2 are served by a overhead line extending from the west. 4.0 PROPOSED SERVICE MODIFICATIONS Three primary services are required to provide for all of the plant loads. Regardless of the type service distribution adopted, an individual 480 V. power source will bo required for the equalization basin and a 4160 V. power source for the new blower building which is to house three (3) 600 hp blowers eventually. The proposed Plant service modification (Reference Figure 1) improves primary service reliability by ridding a second primary power source from the service line along Mayhill Road. The new overhead service will serve primary power to the proposed equalization 2 in motor control center, in order to achieve reliability by redundancy an overhead based from the equalization primary feeder and routed to the existing service line will be tape overhead service and the raw sewage pump station motor contodes redundant powergfor the existing raw sewage F proposed overhead service together pr may deem pump station. Pow c so=rcce sel other tion wislwhi ti the electric utility departmentswitches hook stick discanne t, or necessary, A three way tap will be made on the proposed overhead lino leading froer toethe proposed ualization basin feeder to the treatment plant. This tap will supply primary p bwer source for the blower building selector switch by overhead line. A second primary p line selector switch will be provided by overhead service from a tap on the existing primary to the existing raw sewage pump station. stem consis mo~ h alternate used load break swi chestand a utfoi Figure 2 illustrates by one-line two 2,000 KVA pad mountount transformers etween the two main doub1e•anded main switchgear with kirk key interlock. A tie brea transformer service is buses assures continuity to the plant in the event onec,gf'7Se verltead service from wlSl feed ed, one In order to provide complete power redundagYthe sting overhead service interrupt primary switch and transformer whil fl~r prp n wl a serve Mayhill Road to the new equalization basi }~eJed and distribution swit new chgear feeder will will be ser\" extended to the ether primary switch and ttanssfom 0 all the existing and proposed 480 volt loads~~416\ volt loads; namely the new blower building, will be served by the 41 volt transfo at~he blower building existing P propose( replacingcabSe i PVC nd~lf ducdtuji for feeder routes, prautes, for Installing Underground concrete creasedd buyleci'con aerial cable, direct cabk.a~i rinratinn induced by weather, sun, nd and to la ate down me cused by n fro cc wi duct, bank from de atmosphere andtradents, Disct brinks also help alievi are empty be Ice, in all lightning strikes, prevalen with overhead service. Sp duct banks, allowine expansion, 5.0 SERVICE COIV!<pARISON TWO primary service improvement types are outlined in this report. The following is an analogy of the two types by cost and utilisation, of the existng overhead service, wi be the least lines and transforme s are owned by theeUtilittycost 4 Modification because in p because in part, service ice l 1 s Overhead services lines are more susceptible to damage by corrosion, lightning strikes, wind, and ice storms, Underground duct bank service proves more reliable, 3 r. t fYr If iF{ I • A central substation provides more adaptability for Increased loads or changes r in load requirements. It is also more automated .or monitoring and load control. f f • Because the primary service and transformers am owned and maintained by ~ the Utility department, trained, knowledgeable personnel will be working on the high voltage. situations. L • Installing a central substation and distribution would cost approximately ' $475,000 more than the cost of modifying the existing overhead service. However, a cost reduction in going from a 01 power rate to a LP rate afforded by the central substation would provide a pay out over a short term. 1 ` Refer to the attached rate cost summary for both 13 MOD and 15 MOD flow capacity. • The underground distribution alternative will, howeYis!r produce a cost benefit to the Water Department in the Rate Scheduh,. For this alternate the LP rate schedule will be effective, The LP at` se. e~ule is lower than the current 01 rate schedule, especially for energy char~ g,a rates. Based on our load demand analysis the Power Co9wi sa for the % ter Department will be $109,936,00 for a 13 M plant ~26,706,00 for a 15 MOD plant. Hence, the underground dis rib n altercate will pay for itself in 4 to 6 years depending uporr tl plant ~ea1ding, 71a cost analysis Is demand t calculations thlaWire-shown n.,th"e aZt~ched cost summary tables. i 4 1 - x'rf 3 ~i j CITY OF DENTON PECAN CREEK WWTP E 'LOAD TABULATION CONNECTED EST. AVG, EST. PEAK LOAD CENTERS LOAD DEMAND DEMAND yy GRIT REMOVAL 49 15 25 4 BLOWER BUILDING 1,446 650 800 CHLORINATION/DECHLORWATION 41 10 15 WASTE SLUDGE PUMP STATION #1 84 20 40 DISSOLVED AIR THICKENER 45 18 26 SLUDGE HOLDING TANK 34 17 27 BELT PRESS BUILDING 40 28' MISC. OTHER LOADS 20 30 TOTAL CONNECTED LOAD 1,739 EXISTING FACILITIES LOAD KW 696 KW' TOTAL ESTIMATED DEMAND 1,264 KW 1,695 KW ' EXISTING FACILITIES LOAD IS V f` THE YEAR 1990 AVERAG ~ i MONTHLY KW DE INUS ` EXISTING LOADS TO B , REMOVED. E~ZUALIZATI BASIN (~13 ~ J SEPARATE METf.4 1 ! 367 KW 30 XW 150 KW I MULTIPLIER FOR\;~" - 1,15 2,422 KW 1,490 KW 2,122 KW 1 ,.~J s t t • c h I CITY OF DENTON PECAN CREEK WWTP I~ ESTIMATED ENERGY COST SUMMARY FOR 13 MGD i Cost for Cost for LP Rate GI Rate LP Rate Saving r Monthly Average Plant Average 544,05700 $35,788.00 y Lqualizadon Basin 1,065.00 908.00 TOTAL $45,122.00 $36,696.00 58,426.00 Yearly Average Plant Average $440,570,00 $357,880.00 I Equalization Banta 8,520.00 7,264.00 Peak Demand 1391130,00 11,3+W-00 TOTAL s588,= 00 ~Lt7~3?84100 7$109,936.00 j i ES ENERGY COST SUMMARY FOR`15~1FD ES'T'IMATED ~ Cost for l Cost for LP Rate 01 `Rate LP Rate Saving E Plant Average aged $50,71;2.00 $41,187.00 E uallratlon Beau v1,239.00 1,049.00 TOTAL $51,951,00 $42,236.00 $9,715.00 3 Yearly Averse Plant Average $507,120.00 5411,870,00 Equalludon Basin 91912.00 8,392.00 Peak Demand 160,036.00 130,100,00 TOTAL $6770068.00 $550,362.00 $126,706,00 mom M~ 6 1 i 1i ESTIMATED ENERGY COST FOR 13 MGD AVERAGE COST USING THE GI RATE, F AVG, FC DC EC ECA KW KWH LF 20 6,0 0298 .019 TOTAL 1,264 746,994 Al $20 $7,584 $4280 514,193 $44,057 1,695 1,001,704 .81 S26 $ 10,170 $29,871 $19,032 $59,073• ESTIMATED MONTHLY AVERAGE COST • $44,057 X (10) $440,570 'ESTIMATED PEAK DEMAND COST m $59,073 X (2) ESTIMATED YEARLY AVERAGE COST 5358,716 EQUALIZATION BASIN: AVG. FC DC EC ECA FDA KW KWH LF 20 6.0 A298 .019 TOTAL 30 17,730 .81 $20 S $548 $337 $1,065 .A1 $20 $90 0 X52,662 S1,6B4 55,246'• TED MONTHLY AVERAGE COST ■ S11065 ~S 8) U S 8,520 "ESTIMATED PEAK DEMAND COST ■ S 2 (4) S 20.984 ESTIMATED Y_gA 1,\AVEI A $ 29,504 pT OST $558,716 EQ%U fZATION BASIN COST 29 564 TOTAL YEARLY COST 5588,220 I yEQE l~ LF Load Factor PC Facility Charge DC Demand Charge EC Energy Charge ECA Consteat J I i I ~ f i t ESTIMATED ENERGY COST FOR 13 MGD JERAGE COST USING THE LP RATE; ECA EC AVG. KWH LP AVG. 60 90 .01.36 .019 TOTAL DAYS KW 30,4 1,264 746,994 .81 $60 $1076 $10,219 $14,193 $35,788 560 $15,255 $13,663 $19,032 $47,970' ,695 1,001,704 .81 30.4 1 1 $357,880 1 " ESTIMATED MONTHLY AVERAGE COST a $35,788 X (10) 'ESTIMATED PEAK DEMAND COST - $47,970 X (2) 5453,820 ESTIMATED YEARLY AVERAGE COST EQUALIZATION BASIN. AVG, FC DC PC 019 TOTAL AVG. KWH LF 60 9,0 DAYS Kw 5 5301 S337 I so 30.4 30 17,730 At 81 560 13050 112 6 51,684 54,300•• 4 30,4 150 98,646 v $7,264 ESTIMATED MONTHLY AVERAGE COST $908 **ESTIMATED PEAK DEMAND COST ■ S4 (4) T1MA D-Yf,ARLY'AE COST SU,464 i~ 5453,620 TMI&~Kr I'I ANT COST Ql3ALIZAI[ON BASIN COST TOTAL YEARLY COST 3478,284 LEO= LP Load FIdOr PC Facility Chuge DC Demad Cherge EC Energy Chuge ECA Cn>tstant 8 1 dv C.xy,,,.r a 4 ~6`„`ly~Kt GGG ESTIMATED ENERGY COST FOR 15 MGD AVERAGE COST USING TaE GI RATE; ( AVG. AVG, FC DC EC ECA DAYS KW KWH LF 20 6.0 ,0298 .019 'TOTAL a 30.4 1,455 859,870 .81 $20 58,730 $25,644 $16,338 $50,712 30.4 1,949 1,151,812 .81 520 $11,694 $34,344 $21,884 $67,922• r 3 ESTIMATED MONTHLY AVERAGE COST - $50,712 X (10) m $507,120 •P:BTIMATED PEAK DEMAND COST - $67,922 X (2) $135.saa ESTIMATED YEARLY AVERAGE COST S642,964.00 EQUALI7ATION BASIN: 778,808,00 C EC ECA DAYS KW KWH 0 x0298 .019 TOTAL 30.4 35 20,684 S S63b $393 $I,239 AVG. 7,23 30.4 173 102,239 1,038 \'53,067 $1,943 56,04$"• ESTIMATED MONTHLY AVERAU $9,912 "ESTIMATED PEAK DEMAND CESTIT $34,1 04 j II / T, p~LANT COST $642,964 Q\UALI7.A►TION BASIN COST HAW TOTAL YEARLY COST $677,068 LF Load Factor FC Faduty Charge DC Demand Charga EC Energy Charge ECA Constant 9 1 rY.. c-yvt{.yL:~ ESTIMATED ENERGY COST FOR 15 MGD AVERAGE COST USING THE LP RATE; a AVG. AVG. FC DC EC ECA DAYS KW KWH LF 60 9.0 .0136 .019 TOTAL r, 30,4 1,455 859,870 .81 560 $13,095 $11,754 S16,338 $41, 7 30.4 1,949 1,151,812 .81 560 $17,541 $15,725 $21,884 $55,15000 ESTIMATED MONTHLY AVERAGE COST ■ S41,187 X (10) ■ $411,870 ORSTIMATED PEAK DEMAND COST ■ S55,150 X (2) e *ESTIMATED YEARLY AVERAGE COST $522,170,00 EQUALIZATION BASIN: f AVG. FC DC EC ECA AVG. DAYS KW KWH LF 60 910 AL~ 019 TOTAL j 30,4 35 20,684 .81 $60 S $341 $393 $1,049 1 1,557 \ 1,450 $1,943 54,950•' 30,4 173 102,239 ,81 S60 V 58,392 ESTIMATED MONTHLY AVERAGE COST ■ $1,049 %k 8) ' ; \ I #*ESTIMATED PEAK DEMAND COST ■ 9 (4) v r I ESTIMA~LIYYEARLY~.1 ~I= COST 52801924 i'~LANT COST $59170 1 $DtJAU7ATI0N BASIN COST' TOTAL YEARLY COST ~'3550,362 LEGE LP Load Factor PC Facility Charge DC Demand Charge EC Energy Chuge ECA COWUW 10 7' 7-7 1 i 1 PROPOSED OVERHEAD POWER C%ISTDW ' Ov"WEAD POWER SOWMZ u~.VKV POLE NOUIIt ~ wo Y NCC-L 010ESTa i KLT PM33 9URVINO / w / w 400 1 w w PAD NOUN P= NOLNt w 1 w 1 v v 111 v PAD MOUNT IM/#W WIC-0 MCC- PARR MOY Orin~.irsw PRINMY SOUR{ SLUDGE PRWARY RUIlOB/0 SEI? DOC AND 0031 BUILDDW /UuDD~WOO PWOP S ATAIION PAWL f IWAEltATION N WIN BIOMR BUODINO S NV SMtCNOEAA S 1w PAD NOUN/ Vkmv MO wA ~ Y JI PANEL PAII[I Oka IEII~ONBpP,N~p. ± BLOWER BU11➢B o BEOMR KAMN BIONGI BU1DOp k" M10DW0 ELOLMO MCC PAD NOVNi NO.f PUNP NO'I NOA r {>h11W0 OLfJMRAO [RSBSINO UNOEROROLMO k gym R's. 0, n pllt FACtlli[3 RAM RMABB RAW ICONOr rW~r MEN ONRIRAD MSC L... NC0 I NCC~J 11M f1A17di MOP IlArm { NEW UNKROROIINO at SYSTEM J RCNMI ~~UDCC OKA I PUMP S1A11 ON nm i J - a LAlA_._.. PIUmAwr Bnd Aswoiklk/, IRO. CM Ot 6yL}tEIPo~lMgf>R/A1 R97R'IS r an1~'"rr war uMrrwn w~wnr rr P~PwuM~rWit I RMpr>•BOI~ ~p E-1 1 i I; s ,40 , t NIYWwV My wNtl M.-- II IY II MV MNN.M Ii~gL 14Y i YN/1 YNn W 161.W RII F wet fNNt I yam, YMn l/w. NY w, u. A RN nlFe M iNIft w 1N«n awn wn wn Nrn «.n }rNn )I.Nn wn wn Nrn )Iwn T-r 1 rvnwwr-~ i ~»fc~u O1i so w YFC Y 4^ ewwirtw ry I ioF - WO[ M 1' ~N VIIRMi li w j "ll W4 Ate. _ ,N 11 i 0111. FK-11 pNl. MY IM6 pN1•1 ""}N+ vMY.Yt" ~ ~~Ny ,t NVw w FI Y 1, 0Nt. wtd Nl Yf41 !y i t i DAAFr [rnarosto nCr, nic~C uooirrc~rta s WVM DWCNCO 1'IGVAf 2 . try .1 r-'•'er sr At., Pidwmsr and Assonislss, Inc. or otxMn, %uq n yy~,_nwrityd pAGPOSfO PLANt OHfLINf GIAQRAM - Metrr+lle~ID 11 IY q~p 1L - - pN/y~yMN IINIYFt 1IF/NIkR NNMNF 1e11 , c t i i TECHNICAL MEMORANDUM NO. 13 Dates September 5, 1991 1 t, Job No.: CDE9119 To: Ms. Gerald P. Cosgrove, P,E, ' . City of Denton, Texas 4 W Mr. Howard Martin, City of Denton Mr. Asa Brown, City of Denton i From: Pete K Patel, P.E. Chiang, Patel and Associates, inc. A. Lee Head III, P.P. Alan Plummer and Associat nc Subject: City of Denton, Texs\ \ent Plant WW`IP) Pecan Creek astewa cr, a tm ( Supervi a ntrol ind''a cquisition (SCADA) Desl epo V f 1,0 iNTRODU~ON 'This memorandu vibes and the associated cost for the proposed comhe teri P xedn Supervisory Control And Data Acquisition (SCADA) system to be installed a Creek Wastewater Treatment Plant (WWTP) The proposed system includes all hardware, software, programming and installation of a Local Processing Units (LPU) type system, 2.0 GENERAL, In the past, the instrumentation system at wastewater treatment plants usually consisted of measuring flows of various process streams and the dissolved oxygen in the aeration basins. This is what the Pecan Creek Wastewater Plant has, in addition to the small annunciator system which monitors some basic alarms and the suspend solids levels. Most of the Instruments are working but with frequent malfunctions and with erroneous readings. Other instruments are no longer meeting their designed functions. The existing central system consists of 1 i • Sixteen (16) strip chart recorders • Three (3) flow indicators h Thirteen (13) electric-mechanical totalizer ` One (1) bank of annunciators monitoring approximately 10 points The central system is located inside, the control building, The system has very limited space provisions for some expansion, The system does not have any control function, All control 11 # are done locally at the equipment. Some equipment controls are automatic, such as the raw j sewage pump stations. But most of the remaining equipment requires manual interface. The remote lift stations however does have a SCADA system which uses radio transmission. i The system is working adequately, i♦ 3.0 NEW TRENDS In recent years, the instrumentation systems at wastewater tr m nt plants has undergone a remarkable change for several reasons. The State and A~ lations have become much mote strfct, and discharge permits are expectSntinue td\b under pressure, The operating cost are rapidly rising along with the a d~ require nts, The treatment plants require flexibility in operation to change parameters based on seasonal fluctuations. And finally, the plant operate Aq fires more and more historical information at his "finger tips", V f ~f The microprocessor base ¢upervisoq control and data acquisition system (SCADA) technology helps in eAng the above requirements plus more. Plants small and large are rapidly acq rr~th t ChOlogy to meet their treatment and operations goals. It is for these reasons it 's recommend that the Pecan Creek Wastewater Treatment Plant select a SCADA system configurid as a distributed processing network as indicated in Figure-1, "Control System A~~cture". 4.0 SCADA SYSTEM The proposed system will provide remote capabilities so the process functions and equipment can be monitored at.id control of selected equipment can be accomplished from the central PC computer system. A SCADA System can more effectively utilize existing manpower to operate the plant. Instead of going to each pump station or facility to read data and manually prepare reports, the operators can gather data and prepare reports dom the central computer system. The central computer system can be programmed to automatically output reports daily, weekly, monthly and/or yearly as desired reporting 1 ndnimum, maximum and average of any flow being recorded. Alarm recording and 1 maintenance requirements can also be obtained. This system consist basically of remote intelligent PLC stations connected to the central PC computer via dual data highway. The j system will have the Inherent capability of operating independent of the central system in 2 v 1 ,~.\r 2ilt~YJ'F i t the event of lost communications b0fe monitoring data which will be ecDalied by heo central the local LPU'S will continue to system when communication restored, data highway will~allowsfor1futwill ure operate on a iD he plant Optic Cable Data Hig y, this I as well as relocation of the central computer system at a later date. Control and indicating functions will include digital logic control, PID control, set point control, graphics indicators, graphic annunciator, start/stop controls, etc. The basic hardware will consist of; • Two (2) PC 486 computers with 19" touch screen color monitors hard drives and floppy disks; with instrument panels, 0 Six (6) Local programming logic controllers (PLC) 1 UPS and required indicators; • One (1) Main programming logic controllers (PLC) with instrument panel and UPS; and, • Required computer room furniture. ers, All of the proposed hardware will be off-the-shelf h er an tadlesys aj for b man ufacturand such as IBM, AST, Compaq, Texas Instruments, e . 11 simple 1 be industrial grade. There will f except t ~j will resemble a regular PC work stations, not be any external instruments, such as ref s, ind~caitoocal uetc, nitst All will mai y consist of a these functions will be handled §y-,the co` / ~~c process in11 rnaf rsi These local programmable logic controll input, u u , P and processing units (LPU) wil ave cap ility of operating independent of the central system in case of tie t tf a centr system. 1 S,4 50Zagoodd Aside fro} e hardware, the system software yet b ableis the most perform a mint dThe e software should utilize simple programmi g steps following features; as a minimum, the of tasks, The software will have, Multitasking operating system; 0 Data Collection; 0 Historical and Archival Data Logging; • Report Generation; • Timed Reports; • Alarming; F 3 V. b qru:- f - r.y t/xfl1~ • Control Functions; 3 t • Trending - Historical and Real Time; • Networking; • Telephone Modem Support; • Radio Capability; • Easily Configured Display and Display Modifications; and, • Real Time Display with Status Change Color Change Feature. The documentation software will be similar to "Me Fix: Intellutions, Inc,"; and the graphics display software will be similar to "plant-View Indelec i 6.0 INSTRUMENTS The existing primary elements and transmitters of thtmentati system will be reused with only minimal modifications, unless the inst qt nt had pas roblems. The level instrument in the Return Sludge Pump ~ tatlon Nn et well will be replace with a Ultrasonic, by Mtlltronics. Suspended sotf Instruments in both Return Sludge Pump Stations will be replaced with inst ments t Ukes. For the new instruments, the following is recommended: I~ 0 Doop tys or 1 dge flow; • Ultraso effl ent flow; • InserVturi for air flow at header; 0 Capital controls for dissolved oxygen; 0 Ultrasonic for wet well and basin levels, and 0 Gas detection by MS,., I~ Corrosion is a major problem for the instruments. To combat this problem, the following will be specified: Enclosure condensate space heater for all transmitters; ♦ NEMA 4-X stainless steel enclosures; 1 4 • Tin plated annealed copper wiring; j • Conformal coating on all PC boards for corrosion protection; and, • Scaled conduit entrances. 7.0 CONCLUSIONS 1 The proposed SCADA system if implemented the instrumentation system M11 undergo a major modification insofar as the central monitoring system is concerned. The recommend system will replace all the existing "hard wired" system, The SCADA system will be quite simple to operate and in the long run, will have numerous benefits. The existing central monitoring system will no longer be required. 8,0 COST Table 1 presents a opinion of probable construction cost for the4ecommended SCADA system, This Includes the required hardware, software, modl ati ns to the existing motor control centers and replacement of certain non•functio 1~ISt ents, i r LE 1 N i PECAN CK wA~ J} PLANT NO ri00ApLE, CONSTRUCTION COST i~ sb~aRVI$ NTTUO DA) DATA ACQUISITION iE COST I MOQb NNTROL CENTER MODIFICATIONS $ 30,006,00 { Ext5nNO INSTRUMENT AP.P1.AMENr S 70,000,00 LOCAL PROCFSSINO UNITS (LPU) S1S01000,00 i MAIN TERMINAL UNrr (MTU) $ 23,000.00 PC COMPUMPS AND ACCP.SSORIM $30,000.00 PC FURNITURE S 3,000.00 SOFTWARE $ 12.000.00 PROORAI,AMING $ 25.006.00 FIBER OPTIC DATA HIOHWAY S 140.00 CONIINOEN098 $ + TOTAL MA6910W 00 O U~ tt(7 /7W 5 it, ~ Lny' e tt,.. -rrvra~t~ i MYI rx-1 II.Q YM YM I 1 tMt„ yx 1-I IRI Yx 1-I IR bK W1! W.I tM! 1 -CON TROL BUILOINC CONTROL ROOM ® I I B n I , woo ~ w ~ I ^ w • ~ I ~ ~ .er~ia .a I ~ W I I I MrM B I PROPOSED I I PROPOSED BELT I I RETURN SLUDGE , EQUALIZATION BASIN PRESS SUILDINO I I PULP STATION #2_~ , ~m DOW I { ON: RAW WASTEWATER i RETURN SLUDGE PROPOSED I PUMP STATION I , PUMP STATION ,p1 , , BLOWER BUILDING I M ~ ~ I I I - I I I I i I DRAT 1 MAE r.14YtiY.M1 Ml.+ 7 VOA SYsidT 11LM pAOw I-i pp r Y.. _ o OC OtMYOK ilIA! ~~.tw~> r .Y]IY Alan Plumvua ♦nd Aaoo l►u9, 1ne, LA ~ ""qty, MMI'.[C /i.1~1m--- ~•'w~w►rY .rr~.rwMwn iwwwrM w/ c YMOYI~n i I I C O O K E C O U N T Y G R A Y S O N J ~!'`,l PILOT POINT Lake yy N SANGER Roberls ~^'f'ICicr ` 1~1 I D E N T O N 0 0 0 N T Y rr AUBREY 1 *A~ KRUGERVILLE I~ ll KRUM 4 ✓ti - LINCOLN PARK DENTONo' I Ro OAK POINT PECAN fti E; PONDER CREEK y / w 1"P CORItH I TLE EL HICKORY„ CREEK "X NORTHLAKE G/ j ARGYLE A A CORRAL COPPER CI'T'Y CANYON I THE COLONY HI6HLAND JUSTIN VILLAGE LowW111e SARTONVILLE DOUBLE OAK Lake FLOWER MOUND LEWISVILLE Gropevlne Lake +r<CARROLLTON D I A R R A N T COUNT Y I Al i AS CO U N T r i DATES 12/43/91 Cam' N NCIL REPORT FORMAT C TO., Mayor and Members of the City Council r FROM; bloyd V. Harrell, City Manager SUBJS Approval of an ordinance authorizing the Mayor to to sign a contract with the Police Athletic League for expenditure $14,667 in Community Development Block Grant funds. RECOMMENDATION: N/A i HACK(~jiQCJND s In June 1990 City Council approved the 1990 Final Statement of Objectives and Projoited Use of Funds for the Community Development Block Grant Program. The Final Statement specified the use of $140667 f by the Police Athletic League to discourage delinquont behavior and use of drugs among law and moderate income youth. At that time, the Police Athletic League (PAL) was not yet set up as a 601-•C3 organisa- tion. Some funding has been expended for sports equipment and fees for participation in local leagues. I These expenditures were made by Community Development I staff for PAL. $ Xt The contract will allow the balance on the contract to be expended by PAL for equipment and partiopstion fees, Community Development staff will continue to process all expenditures through the City Purchasing and Accounting departments. PROGRAMS,..DEPARTM ' TS OR DROUP8 AEFECTED s The Community Development staff administer the contract. Other groups affected are the Police Athletic League, and low/moderate income families. The program targets youth in Phoenix Apartments. € i z f~ i 1 ,i Report Format Page 2 jr FISCAL IMPACT There will be no impact on the General Fund. All expenditures under the contract and all City staff activities are paid from grant funds. i r Rasp fully a tte 'A .0 $ lord V. Harrell 3. City Manager Prepared by., Barbara Floss Community Development Coordinator Approveds ; f f rank "RoMns ATCP Executive Director for Planning A Development } ccrfc0lipa] t "s { i+ I i , i W-IT Yn. xa'llssr2 4 f WiALL000A9 f ORDINANCE NO. AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE POLICE ATHLETIC LEAGUE; AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT APPROVING THE EXPENDITURE OF FUNDS THEREFORE; AND PRO- VIDING FOR AN EFFECTIVE DATE. y WHEREAS, the city council has determined that it is in the best interest of the citizens of the City to provide public funds to the Police Athletic League, in consideration of the valuable public services to be furnished by said organization to the City of Denton in accordance with the Agreement attached hereto; NOW, THEREFORE, THE COU14CIL OF THE CITY OF DENTON HEREBY ORDAINSi SECTION x. That the City Council hereby approves the Agree- ment attached hereto, between the City of Denton and the Police Athletic League, and authorizes the Mayor to execute said agree- ment. f SECTION Ii. That the City Counol.l authorizes the expenditure of funds in the manner and amount specified in the Agreement. i j SECTION III. That this ordinance shall become effective im- mediately upon its passage and approval. PASSED AND APPROVED this the day of , 1991. i } t BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH CITY ATTORNEY 1 BY: / S `4, r x~far.uo~ l~ r I i CC{$ I AGREEMENT BETWEEN THE CITY OF DENTON AND THE POLICE ATHLETIC LEAGUE This Contract is made and entered into by and between the City i of Denton, a Texas municipal corporation, acting by and through its city Managir, pursuant to ordinance, hereinafter referred to as CITY, and THE POLICE ATHLETIC LEAGUE, a not-for-profit Texas Cor- poration, hereinafter referred to as CONTRACTOR. WHEREAS, CITY has received certain funds Prom the U. S. Department of Housing and Urban development under Title I of the Housing and Community Development Act of 1974, as amended, andl WHEREAS, CITY has adopted a budget for such funds and included therein an authorized budget for expenditure of funds for assis- tance to persons of low and moderate income, and; j~ WHEREAS, CITY has designated Community Development as the division responsible for the administration of this contract and all matters pertaining thereto, and; WHEREAS, CITY wishes to engage CONTRACTOR to carry out such project; a NOW, THEREFORE, the parties hereto agree, and by the execution hereof are bound to the mutual obligations and to the performance f~ and accomplishment of the conditions hereinafter described. I I. TERM This Contract and agreement shall commence on or as of } September 11 1990, and shall terminate on September 30, 1992, unless extended by mutual agreement. f RNSIONSIHILITIES CONTRACTOR hereby accepts the responsibility for the perfor- mance of all services and activities, in a satisfactory and effi- cient manner as determined by CITY, in accordance with the terms herein. CITY will consider CONTRACTOR'S executive officer to be CONTRACTOR's representative responsible for the management of all contractual matters pertaining hereto, unless written notification to the contrary is received from CONTRACTOR, and approved by CITY. The Community Development Coordinator, will be CITY's represen- tative responsible for the administration of this contract. 1 ~ i 1 IIIe CITY'S OBLIGATION A. Limit of Liability. CITY will reimburse CONTRACTOR for expenses incurred pursuant hereto in accordance with the project { budget included as a part of Exhibit B. Notwithstanding any other provision of the Contract, the total of all payments and other ob- ligations made or incurred by CITY hereunder shall not exceed the sum of $14,567.00. B, i Measure of Liability. in consideration of full, and sacis- factory services and activities hereunder by CONTRACTOR, CITY shall make payments to CONTRACTOR based on the Budget attached hereto and incorporated herein for all purposes as Exhibit Br subject to the limitations and provisions set forth in this section and Section VII of this Contract. j (1) The parties expressly understand and agree that CITY's obligations under this section are contingent upon the actual f receipt of adequate community Development Block Grant (CDBG) funds to meet CITY's liabilities under this Contract. if ade- quate funds are not available to make payments under this Con- tract, CITY shall notify CONTRACTOR in writing within a reason- ; able time after such fact has been determined. CITY may, at i j its option, either reduce the amount of its liability, as spec- ified in subsection A of this section or terminate the Con- tract. If CDBG funds eligible for use for purposes of this s Contract are reduced, CITY shall not be liable for further pay- ments due to CONTRACTOR under this Contract. (2) It is expressly understood that this contract in no way ? obligates the General Fund or any other monies or credits of the City of Denton. (3) CITY shall not be liable for any coat or portion there- of whichs (a) has been paid, reimbursed or is subject to payment or reimbursement, from any other sourcel b) was incurred prior to the beginning date, or after the ending date specified in section Il (o) is not in strict accordance with the terms I of this contract, including all exhibits attached i hereto= (d) has not been billed to CITY within thirty (30) calendar days following billing to CONTRAC- TOR, or termination of the contract, whichever f date is earlierl f PAGE 2 , ,var..,,. r I~ (e) is not an allowable cost as defined by Section XI of this Contract or the project budget. (4) CITY shall not be liable for any cost or portion thereof which is incurred with respect to any activity of !i CONTRACTOR requiring prior written authorization from CITY, or after CITY has requested that CONTRACTOR furnish data concern- ing such action prior to proceeding further, unless and until CITY advises CONTRACTOR to proceed. (5) CITY shall not be obligated or liable under this Con- tract to any party other than CONTRACTOR for payment of any monies or provision of any goods or services. IV. h CONBLIANCE WITH FEDERAL, STATE and LOCAL LAMB A. CONTRACTOR understands that funds provided to it pursuant s to this contract are funds which have been made available to CITY by the Federal Government (U.S. Department of Housing and Urban f Development) under the Housing and Community Development Act of 19740 as amended, in accordance with an approved Grant Application and specific assurances. Accordingly, CONTRACTOR assures and cer- tifies that it will comply with the requirements of the Housing and s Community Development Act of 1974 (PAL. 93-383) as amended and with 4. regulations promulgated thereunder, and codified at 24 CFR. The foregoing is in no way meant to constitute a complete compilation of all duties imposed upon CONTRACTOR by law or administrative ruling, or to narrow the standards which CONTRACTOR must follow. CONTRACTOR further assures and certifies that if the regula- tions and issuances promulgated pursuant to the Act are amended or revised, it shall comply with them, or notify CITY, as provided in Section XXIV of this Contract. CONTRACTOR agrees to abide by the conditions of and comply with { the requirements of the Office of Management and Budget Circulars Nos. A-110 and A-122. I i B. CONTRACTOR shall comply with all applicable federal laws, j laws of the State of Texas and ordinances of the City of Denton. i V. RAMBENTATIONO I A. CONTRACTOR assures and guarantees that it possesses the { legal authority, pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to enter into this contract. PAGE 3 k"r i.q: .!p!ti i I B. The person or persons signing and executing this Contract on behalf of CONTRACTOR, do hereby warrant and guarantee that he, she, or they have been fully authorized by CONTRACTOR to execute this Contract on behalf of CONTRACTOR and to validly and legally bind CONTRACTOR to all terms, performances and provisions herein set forth. C. CITY shall have the right, at its option, to either tempor- arily suspend or permanently terminate this Contract if there is a dispute as to the legal authority of either CONTRACTOR or the per- son signing the Contract to enter into this Contract. CONTRACTOR is liable to CITY for any money it has received from CITY for per- formance of the provisions of this contract if CITY has suspended or terminated this Contract for the reasons enumerated in this ; section. D. CONTRACTOR agrees that the funds and resources provided CONTRACTOR under the terms of this Contract will in no way be sub- atituted for funds and resources from other sources, nor in an way serve to reduce the resources, services, or other benefits which would have been available to, or provided through, CONTRACTOR had this Contract not been executed. VI. r PERPORKANCR BY CONTRACTOR CONTRACTOR will provide, oversee, administer, and carry out all of the activities and services set out in the WORK STATEMENT, at- tacked hereto and incorporated herein for all purposes as Exhibit A, utilizing the funds described in Exhibit B, attached hereto and incorporated herein for all purposes and deemed by both parties to be necessary and sufficient payment for full and satisfactory per- formance of the program, as determined solely by CITY and in acoor- dance with all other terms, provisions and requirements of this Contract. No modifications or alterations may be made in the WORK STATE- MENT without the prior written approval of the Cityfs community Development Coordinator. j VzY. i PAYXRNTS TO CONTRACTOR F A. Payments to contractor. The CITY shall pay to the CON- TRACTOR a maximum amount of money totaling $14,567 for services rendered under this Contract. CITY will pay these funds on a re- imbursement basis to the CONTRACTOR within twenty days after CITY has received supporting documentation. 1 PAGE 4 i fir] . :Y.`tl:LYi 4 Y Va PNaT tt 1, 7 r r Funds are to be used for the sole purpose of paying as shown in the Budget, Exhibit B. F H. Excoss PAYMOnt. CONTRACTOR shall refund to CITY within ten (10) working days of CITY's request, any sum of money which has been paid by CITY and which CITY at any time thereafter determinesS f ` (1) has resulted in overpayment to CONTRACTORS or, (2) has not been spent strictly in accordance with the terms of thin Contract] or (3) is not supported by adequate documentation to fully justify the expenditure, E C, Disall*Wed Costs. Upon termination of the Contraot, should any expense or charge for which payment has been made be subs* i quently disallowed or disapproved as a result of any auditing or monitoring by CITY, the Department ok Housing and Urban Develop- ment, or any other Federal agency CONTRACTOR will refund such amount to CITY within ten (10) working days of a written notice to CONTRACTOR, which specifies the amount disallowed, Refunds of disallowed costs may not be made from these or any other funds received from or through CITY, D. Deobligation of run4s. In the event that actual expendi- ture rates deviate from CONTRACTORfs provision of a corresponding level of performance, as specified in Exhibit A, CITY hereby re- serves the right to reappropriate or recapture any such under- expended funds. E, contract Clogs Out. CONTRACTOR shall submit the Contract G close out package to CITY, together with a final expenditure re- port, for the time period covered by the last invoice requesting reimbursement of funds under this Contract, ) within fifto en (15 f working days followingi the close of the contract period, CONTRAC- TOR shall utilize the form agreed upon by CITY and CONTRACTOR, At the termination of the Contract, all unclaimed (30 days or older) salaries or wages must be returned to CITY in the following formats (1) A cashier's check for the net aggregate amount payable 4 to the City of Dentonj r (2) A listing showing the social Security number, full name, last known complete address and the amount owed to each person involved. -f _ I { PAGE 5 1 . asanu•TS f a.tit'_.s:'r c I i I 1 j VII1. WARRANTIES CONTRACTOR represents and warrants that: A. All information, reportn and data heretofore or hereafter { requested by CITY and furnished to CITY, are complete and accurate € as of the date shown on the information, data, or report, and, since that date, have not undergone any significant change without written notice to CITY. B. Any supporting financial statements heretofore requested by CITY and furnished to CITY, are complete, accurate and fairly re- fleet the financial condition of CONTRACTOR on the date shown on said report, and the results of the operation for the period cover- ed by the report, and that since said date, there has been no ma- terial change, adverse or otherwise, in the financial condition of CONTRACTOR. f C. No litigation or proceedings are presently pending or threatened against CONTRACTOR. ? D. None of the provisions herein contravenes or is in conflict with the authority under which CONTRACTOR is doing business or with i the provisions of any existing indenture or agreement of CONTRAC- TOR. E. CONTRACTOR has the power to enter into this Contract and accept payments hereunder, and has taken all necessary action to authorize such acceptance under the terms and conditions of this contract. l F. None of the assets of CONTRACTOR is subject to any lien or encumbrance of any character, except for current taxes not delin- quent, except as shown in the financial statements furnished by CONTRACTOR to CITY. i Each of these representations and warranties shall be continu- ing and shall be deemed to have been repeated by the submission of each request for payment. IY. COVENANTS A. Du ling the period of time that payment may be made here- under and so long as any payments remain unliquidated, CONTRACTOR shall not, without the prior written consent of the Executive Dir- ector of Planning and Development or his authorized representative: (1) Mortgage, pledge, or otherwise encumber or suffer to be I encumbered, any of the assets of CONTRACTOR now owned or here- PAGE 6 i i ~f fAl4fh~t . 5 i i j 1 ~ after acquired by it, or permit any pre-existing mortgages, liens, or other encumbrances to remain on, or attached to, any assets of CONTRACTOR which are allocated to the performance of this Contract and with respect to which CITY has ownership s, hereunder. (2) Sell, assign, pledge, transfer or otherwise dispose of j accounts receivables, notes or claims for money due or to be- come due. h (3) Sell, convey, or lease all or substantial part of its assets. i. (4) Make any advance or loan to, or incur any liability for any other firm, person, entity or corporation as guarantor, surety, or accommodation endorser. B. Should CONTRACTOR use funds received under this Contract to acquire or improve real property under CONTRACTOR's control, CON- 3 TRACTOR agrees and covenantss (1) That the property shall be used to meet one of the national objectives in S24 CFR 570 until August 31, 1996. (2) That should CONTRACTOR transfer or otherwise dispose of said property on or before August 31, 1996, CONTRACTOR shall i reimburse CITY in the amount of the fair market value of the property less any portion of the value attributable to expendi- tures of non-CDBG funds for acquisition of, or improvement to, the property. 3 x6 ALLOW"LE COSTS { li A. Costs shall be considered allowable only if incurred dir- ectly specifically in the performance of and in compliance with this Contract and in conformance with the standards and provisions of Exhibits A and B. B. Approval of CONTRACTOR's budget, Exhibit B, does not con- stitute prior written approval, even though certain items may ap- for i the following to prior be written considerd authorization allowable costs~uired in order herein* (1) Encumbrance or expenditure during any one month period which exceeds one-twelfth (1/12) of any budgeted line items for personnel costs as specified in Exhibit B. (2) CITY shall not be obligated to any third parties, in- cluding any subcontractors of CONTRACTOR, and CITY funds shall PAGE 7 i 1 not be used to pay for any contract service extending beyond the expiration of this Contract. (3) Out of town travel. (4) Any alterations or relocation of the facilities on and in which the activities specified in Exhibit A are conducted, i99 (5) Any alterations, deletions or additions to the Person- nel Schedule incorporated in Exhibit B. { (6) Costs or fees for temporary employees or services. f (7) Any fees or payments for consultant services. (8) Fees for attending out of town meetings, seminars or conferences. written requests for prior approval are CONTRACTORfs responsi bility and shall be made within sufficient time to permit a thor- ough review by CITY. Contractor must obtain written approval by CITY prior to the commencement of procedures to solicit or purchase services, equipment, or real or personal property. Any procurement ; mpurchase must provisions be h cnducted in its entirety in accordance with fthethis of this Contract. f X2. PROGRAM. INCOME - f A. For purposes of this Contract, program income means earn i ings of CONTRACTOR realized from activities resulting from this Contract or from CONTRACTOR's management of funding provided or received hereunder. Such earnings include, but are not limited to, income from interest, usage or rental or lease fees, income pro- duced from contract-supported services of individuals or employees or from the use of equipment or facilities of CONTRACTOR provided as a result of this Contract, and payments from clients or third parties for services rendered by CONTRACTOR under this Contract. 8. CONTRACTOR shall maintain records of the receipt and dis- position of program income in the same manner as required for other Contrast funds, and reported to CITY in the format prescribed by ~ CITY. CITY and CONTRACTOR agree, based upon advice received from HUD representatives, that any fees collected for services performed by CONTRACTOR shall be spent only for operatinq expenses. - C. CONTRACTOR shall include this Section in its entirety in all of its sub-contracts which involve other income-producing services or activities. PAGE 8 ja is>F:aa Y ' i 1 t 1 D. It is CONTRACTORS responsibility to obtain from CITY a s a prior determination as to whether or not income arising directly or indirectly from this Contract, or the performance thereof, consti- tutes TY for the and ,all CONTRACTOR of many income, determined by CITY o to be program repayment program income, unless otherwise approved in writing by CITY. I r XII. MINTENANCE OB RECORDS i A. CONTRACTOR agrees to maintain records that will provide ac- curate, current, separate, and complete disc,osure of the status of jp the funds received under this Contract, in compliance with the pro- visions of Exhibit B, attached hereto, and with any other applica- ble Federal and State regulations establishing standards for finan- cial management. CONTRACTORfs record system shall contain suffi- cient documentation to provide in detail full support and justifi- cation for each expenditure. Nothing in this Section shall be con- I ( strued to relieve CONTRACTOR of fiscal accountability and liability i under any other provision of this Contract or any applicable law. f CONTRACTOR shall include the substance of this provision in all subcontracts. i B. CONTRACTOR agrees to retain all books, records, documents, reports, and written accounting policies and procedures pertaining to the operation iod of time and under t the s of funds under this contract for the per conditions specified by CITY. C. Nothing in the above subsections shalt be construed to re- lieve CONTRACTOR rent records which clearly reflect £ the levelYand benefitaof ser- vices provided under this contract. 0. At any reasonable time and as often as CITY may deem neces- sary, the CONTRACTOR shall make available to CITY, HUD, or any of their authorized representatives, all of its records and shall per- nit CITY, HUD, or any of their authorized representatives to audit, examine, make excerpts and copies of such records, and to conduct audits of all contracts, invoices, materials, payrolls, records of personnel, conditions or employment and all other data requested by said representatives. XIII. REPORTS AND IN70RXATIOM At such times and in such form as CITY may require, CONTRACTOR shall furnish such statements, nent records, to matters data coand vered by t is o CITY may request and deem perti Con- tract. PAGE 9 ,t S i 1 r CONTRACTOR shall submit regular performance reports to CITY no f less than once each three months, with the first report due on or before December 1, 1991. The performance report shall detail client information, including race, income and other such statis- r ! tics required by CITY. CONTRACTOR agrees to gather information and data relative to all programmatic and financial reporting as of the beginning date specified in Section II and furnish to CITY quarter- ly a report of all income received and funds expended. The first r II such report is due on December 1, 1991. CONTRACTOR agrees to retain an independent auditor to conduct an audit in accordance with the Single Audit Act of 1964, 31 U.S.C. 7501-7. The audit shall be performed in accordance with generally accepted government auditi;ig standards covering financial and com- pliance audits, CONTRACTOR shall furnish CITY a copy of the audit within ten (10) days after receipt of the audit. BIV, MONITORING AND EVALUATION A. CITY shall perform on-site monitoring of CONTRACTOR's per- { formance under this Contract. B. CONTRACTOR agrees that CITY may carry out monitorinq and evaluation activities to ensure adherence by CONTRACTOR to the Work I` Statementf and A Prram Goals and well as other Objectives, provisions which of this Contracts hereto as Exhibit 3 C. CONTRACTOR. agrees to cooperate fully with CITY in the de- velopment, implementation and maintenance of record-keeping systems and to i effectively provide is monitoring and evaluation responsibilities. , I D. CONTRACTOR agrees to cooperate in such a way so as Doti to C and to one of obstruct nITY in ate thes its monitoringrprocess as requested by CITY staff to coordi staff. Aftofficial monitoring visit, CITY er each report of monitoring fidings~l provide CONTRACTOR with a written R, CONTRACTOR shall submit copies of any fiscal, management, reports or audit bodies to CITY within fany of ive (5) Cworking days of receipt by CONTRAC- TOR, a TOR. YV. WRECTORE 0 XSETINGB During the term of this contract, CONTRACTOR shall cause to be delivered to CITY copies of all notices of meetings of its Board of PAGE 10 ~F ~rAr .r 4!f+llYkY^ ~i7 Sr i.^.5FdaYt i I Directors, setting forth the time and place thereof.. Such notice shall be delivered to CITY in a timely manner to give adequate no- tice, and shall include an agenda and a brief description of the matters to be discussed. CONTRACTOR understands and agrees that CITY representatives shall be afforded access to all of the Board E of Directors' meetings. s Minutes of all meetings of CONTRACTOR's governing body shall be available to CITY within ten (10) working days of approval. ZVI, INSURANCE A. CONTRACTOR shall observe sound business practices with re- spect to providing such bonding and insurance as would provide ade- quate coverage for services offered under this contract. B. The premises on and in which the activities described in Exhibit A are conducted, and the employees conducting these acti- vities, shall be covered by premise liability insurance, commonly 3 referred to as "Owner/Tenant" coverage with CITY named as an addi- tional insured. Upon request of CONTRACTOR, CITY may, at its sole discretion, approve alternate insurance coverage srrrangements. C. CONTRACTOR will comply with applicable workers' compensa- tion statutes and will obtain employers' liability coverage where 3 available and other appropriate liability coverage for program par- ticipants, if applicable. ! D, CONTRACTOR will maintain adequate and continuous liability insurance on all vehicles owned, leased or operated by CONTRACTOR. All employees of CONTRACTOR who are required to drive a vehicle in the normal scope and course of their employment must possess a j valid Texas drivers' license and automobile liability insurance. Evidence of the employees current possession of a valid license and insurance must be maintained on a current basis in CONTRACTOR's files. E. Actual losses not covered by insurance as required by this section are not allowable costs under this Contract, and remain the f sole responsibility of CONTRACTOR. ZVII. r EQUAL OPPORTUNITY A, CONTRACTOR shall submit for CITY's approval, a written plan for compliance with the Equal Employment and Affirmative Action Federal provisions, within thirty (30) days of the effective date of this Contract. PAGE 11 I i,' " Cf:F~pY) 1 I i B. CONTRACTOR shall comply with all applicable equal employ- ment opportunity and affirmative action laws or regulations. C. CONTRACTOR will furnish all information and reports re- quested by the CITY, and will permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with local, state and Federal rules and regulations. D. In the event of CONTRACTOROs non-compliance with the non- discrimination requirements, the Contract may be canceled, termin- ated, or suspender: in whole or in part, and CONTRACTOR may be bar- red from further contracts with CITY. ZVIII. , PERSONNEL POLICIES Parsonnel policies shall be established by CONTRACTOR and shall be available for examination. Such personnel policies shall: A. Be no more liberal than CITY's personnel policies, proce- dures, and practices, including policies with respect to employ - meet, salary and wage rates, working hours and holidays, fringe benefits, vacation and sick leave privileges, and travel; and ' B. Be in writing and shall be approved by the governing body ' i of CONTRACTOR and by CITY. I Me CONFLICT OF INTEREST A. CONTRACTOR covenants that neit!.,,r it nor any member of its governing body presently has any interest, direct or indirect, i which would conflict in any manner or degree with the performance of services required to be performed under this Contract. CONTRAC- TOR further covenants that in the performance of this Contract, no person having such interest shall be employed or appointed as a member of its governing body. B. CONTRACTOR further covenants that no member of its govern- ing body or its staff, subcontractors or employees shall possess any interest in or use hio position for a purpose that is or gives the appearance of being motivated by desire for private gain for himself, or others, particularly those with which he has family, business, or other ties. C. No officer, member, or employee of CITY and no member of .its governing body who exercises any function or responsibilities in the review or approval of the undertaking or carrying out of this Contract shall (1) participate in any decision relating to the contract which affects his personal interest or the interest in any corporation, partnership, or association in which he has direct or PAGE 12 t4vli !L,.V;A indirect .interest; or (2) have any interest, direct or indirect, in this Contract or the proceeds thereof. i XX. NEPOTISM CONTRACTOR shall not employ in any paid capacity any person who a is a member of the immediate family of any person who is currently employed by CONTRACTOR, or is a member of CONTRACTORfs governing board. The term "member of immediate family" includes: wife, husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, step-parent, step-child, half-brother and half-sister, f { , XXI. POLITI -M OR SECTARIAN ACTIVITY A. None of the performance rendered hereunder shall involve, and no portion of the funds received by CONTRACTOR hereunder shall be used, either directly or indirectly, for any political activity (including, but not limited to, an activity to further the election or defeat of any candidate for public office) or any activity under- taken to influence the passage, defeat or final content of legislation. B. None of the performance rendered hereunder shall involve, j and no portion of the funds received by CONTRACTOR hereunder shall be used for or applied directly or indirectly to the construction, { operation, maintenance or administration, or be utilized so as to y ` benefit in any manner any sectarian or religious facility or acti- r vity. 1 j XXII. PUBLICITY A. Where ouch action is appropriate, as determined by and upon written approval. of CITY, CONTRACTOR shall publicize the activities conducted by CONTRACTOR under this Contract. In any newr release, sign, brochure, or other advertising medium, disseminating informs tion prepared or distributed by or for CONTRACTOR, mention shall be made of the U.S. Department of Housing and Urban Development fund- ing through the City of Denton having made the project possible. B. All puk+lished material and written reports submitted under this project must be originally developed material unless otherwise specifically provided in this Contract. When material not origi- nally developed is included in a report, the report shall identify the source in the body of the report or by footnote, This provi- sion is applicable when the material is in a verbatim or extensive paraphrase format. PAGE 13 f I i 1 All published material submitted under this project shall in- clude the following reference on the front cover or title page: This document is prepared in accordance with the City 4 of Denton's Community Development Block Grant Program, with funding received from the United States Department of Hous- ing and Urban Development. I C. All reports, documents, studies, charts, schedules, or { other appended documentation to any proposal, content of basic pro- posal, or Contracts and any responses, inquiries, correspondence and related material submitted by CONTRACTOR, shall become the property of CITY upon receipt. j ( ZIIII. I~ FUNDING APPLICATIONS i ' CONTRACTOR agrees to notify CITY each time CONTRACTOR is pre- paring or submitting any application for funding in accordance with the following procedurest r A. When the application is in the planning stages, CONTRACTOR shall submit to CITY a description of the funds being applied for, and proposed use of funds. B. Upon award of or notice of award, whichever is sooner, CONTRAC'T'OR shall notify CITY of such award and the effect, if any, of such funding on the funds and program(s) contracted hereunder. ' such notice shall be submitted to CITY, in writing, within ten (10) f working days of receipt of the notice of award or funding award by CONTRACTOR, together with copies of the budget, program er3orip- tion, and contract. J C. CONTRACTOR shall not use funds provided hereunder, either t directly or indirectly, as a contribution, or to prepare applica- tions to obtain any federal or private funds under any federal or private program without the prior written consent of CITY. XXIV. CRAMORN AND AMRNDRENTB s A. Any alterations, additions, or deletions to the terms of ? this Contract shall be by written amendment executed by both par- ties, except when the terms of this Contract expressly provide that another method shall be used. B. CONTRACTOR may not make transfers between or among approved line-items within budget categories set forth in Exhibit B without prior written approval of CITY. CONTRACTOR shall request, in writ- ing, the budget revision in a form prescribed by CITY, and such re- quest for revision shall not increase the total monetary obligation PAGE 14 1 1 :r.,. of CITY under this Contract. In addition, budget revisions cannot significantly change the nature, intent, or scope of the program funded under this Contract. E f C. CONTRACTOR will submit revised budget and program informa- tion, whenever the level of funding for CONTRACTOR or the pro- gram(s) described herein is altered according to the total levels contained in any portion of Exhibit B. D. It is understood and agreed by the parties hereto that changes in the state, Federal or local laws or regulations pursuant hereto may occur during the term of this Contract. Any such modif- ications are to be automatically incorporated into this Contract i, without written amendment hereto, and shall become a part of the i Contract on the effective date specified by the law or regulation. E. CITY may, from time to time during the term of the Con- tract, request changes in Exhibit A which may include an increase i or decrease in the amount of CONTRACTOR's compensation. Such changes shall be incorporated in a written amendment hereto, as provided in Subsection A of this Section. i F. Any alterations, deletions, or additions to the contract Budget Detail incorporated in Exhibit B shall require the prior written approval of CITY. i s G. CONTRACTOR agrees to notify CITY in writing of any proposed change in physical location for work performed under this Contract at least thirty (30) calendar days in advance of the change. H. CONTRACTOR shall notify CITY of any changes in personnel or governing board composition. i F I. It is expressly understood that neither the performance of Exhibit A for any program contracted hereunder nor the transfer of funds between or among said programs will be permitted. 2ZV. SUSPENBION Of FUN[ NO Upon determination by CITY of CONTRACTOR's failure to timely and properly perform each of the requirements, time conditions and i duties provided herein, CITY, without limiting any rights it may otherwise have, may, at its discretion, and upon ten (10) working i days written notice to CONTRACTOR, withhold further payments to CONTRACTOR. Such notice may be given by mail to the Executive Officer and the Board of Directors of CONTRACTOR. The notice shall set forth the default or failure alleged, and the action required for, cure. PAGE 15 s i 11 1 f~ i The period of such suspension shall be of such duration as is i appropriate to accomplish corrective action, but in no event shall it exceed thirty (30) calendar days. At the end of the suspension period, if CITY determines the default or deficiency has been sat- isfied, CONTRACTOR may be restored to full compliance status and ! paid all eligible funds withheld or impounded during the suspension j period. If, however, CITY determines that CONTRACTOR has not come into compliance, the provisions of SECTION XXVI may be effectuated. i i XXVI. i TMINATION A. CITY may terminate this Contract with cause for any of the following reasons: ; (1) CONTRACTOR's failure to attain compliance during any prescribed period of suspension as provided in section XXV. (2) CONTRACTOR's violation of covenants, agreements or guarantees of this contract. (3) Termination or reduction of funding by the United States Department of Housing and Urban Development. (4) Finding by CITY that CONTRACTOR: (a) is in such unsatisfactory financial condition as to ; endanger performance under this Contract; ; (b) has allocated inventory to this Contract substan- twally exceeding reasonable requirements; E (c) is delinquent in payment of taxes, or of costs of s performance of this contract in the ordinary course of business. t (s) Appointment of a trustee, receiver or liquidator for all or substantial part of CONTRACTOR's property, or in- stitution of bankruptcy, reorganization, rearrangement of or liquidation proceedings by or against CONTRACTOR. s (6) CONTRACTOR's inability to conform to changes required r by Federal, state and local lows or regulations as provided in Section IV, and Section XXJV (D), of this Contract. ` (7) The commission of an act of bankruptcy. (8) CONTRACTOR's violation of any law or regulation to which CONTRACTOR is bound or shall. be bound under the terms of the Contract. i { PAGE 16 i t .7 eawx_ey t 7' {I CITY shall promptly notify' CONTRACTOR in writin of t deci- sion to terminate and the effective date of termination. Simulta- neous notice of pending tot°mination maybe made to other funding sources specified in Exhibit B. B. CITY may terminate this Contract for convenience at any time. If this Contract is terminated by CITY for convenience, CONTRACTOR will be paid an amount not to exceed the total of ac- crued expenditures as of the effective date of termination. In no event will this compensation exceed an amount which bears the same ratio to the total compensation as the services actually performed bears to the total services of CONTRACTOR covered by the Contract, j less payments previously made. I C. CONTRACTOR may terminate this Contract in whole or in part by written notice to CITY, if a termination of outside funding oc- curs upon which CONTRACTOR depends for performance hereunder. CON- i TRACTOR may opt, within the limitations of this Contract, to seek an alternative funding source, with the approval of CITY, provided the termination by the outside funding source was not occasioned by a breach of contract as defined herein or as defined in a contract between CONTRACTOR and the funding source in question. f CONTRACTOR may terminate this Contract upon the dissolution of CONTRACTOR's organization not occasioned by a breach of this Con- tract. x r D. Upon receipt of notice to terminate, CONTRACTOR shall can- cal, withdraw, or otherwise terminate any outstanding orders or S subcontracts which relate to the performance of this Contract. CITY shall not be liable to CONTRACTOR or CONTRACTORfs creditors for any expenses, encumbrances or obligations whatsoever incurred j after the termination date. E. Notwithstanding any exercise by CITY of its right of sus- pension or termination, CONTRACTOR shall not be relieved of lia- bility to CITY for damages sustained by CITY by virtue of any .breach of the Contract by CONTRACTOR, and CITY may withhold any reimbursement to CONTRACTOR until such time as the exact amount of damages due to CITY from CONTRACTOR is agreed upon or otherwise determined. I YYVII. NOTIFICATION OF ACTION BROUGHT In the event that any claim, demand, suit or other action is made or brought by any person(s), firm, corporation or other entity against CONTRACTOR, CONTRACTOR shall give written notice thereof to CITY within two (2) working days after being notified of such claim, demand, suit or other action, such notice shall state the date and hour of notification of any such claim, demand, suit or f PAGE 17 i i T TT 1 I,jllJ+7 other action; the names and addresses of the person(s), firm, cor- oration or other entity making such claim, or that instituted or f threatened to institute any type of action or proceeding; the basis of such claim, action or proceeding; and the name of any person(s) against whom such claim is being made or threatened. such written notice shall be delivered either personally or by mail. XMII, NICELLANEOUS A. CONTRACTOR shall not transfer, pledge or otherwise assign this Contract or any interest therein, or any claim arising there- under , to any party or parties, bank, trust company or other fin- ancial institution without the prior written approval of CITY. B. If any provision of this Contract is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect and continue to conform to the original in- tent of both parties hereto. XXIX. { INDMMITIOATION 1 A. It is expressly understood and agreed by both parties here- to that CITY is contracting with CONTRACTOR as an independent con- tractor and that as such, CONTRACTOR shall save and hold CITY, its i officers, agents and employees harmless from all liability of any nature or kind, including costs and expenses for, or on account of, any claims, audit exceptions, demands, suits or damages of any I character whatsoever resulting in whole or in part from the perfor- mance or omission of any employee, agent or representative of CON- TRACTOR. B. CONTRACTOR agrees to provide the defense for, and to in- damnify and hold harmless CITY its agents, employees, or contrac- tors from any and all claims, suits, causes of action, demands, ! damages, losses, attorneys fees, expenses, and liability arising out of the use of these contracted funds and program administration and implementation except to the extent caused by the willful act or omissioni of CITY, its agents, employees, or contractors. C. In no event shall any payment to CONTRACTOR hereunder, or any other act or failure of CITY to insist in any one or more in- stances upon the terms and conditions of this Contract constitute or be construed in any way to be a waiver by CITY of any breach of covenant or default which may then or subsequently be committed by CONTRACTOR. Neither shall such payment, act, or omission in any manner impair or prejudice any right, power, privilege, or remedy specifically which preserved. available to CITY to enforce powers, privileges, or remedies t are rights p PAGE 18 p i ;r,l, .,arrar.rrp 4 iyd41Lly Ih lyipN@Y1]J 1 No representative or agent of CITY may waive the effect of this 1 provision. D. This Contract, together with referenced exhibits and at- j tachments, constitutes the entire agreemengtab~eB/ understand- E hereto, and any prior agreement, assertion, ing or other commitment efthis contracto fect whatsoevertt or nor shall ten or oral, shall have no statement, understanding, or other cote- J any agreement, assertion, the term of this Contract, or subsequent 1 mitment occurring during { thereto, have any legal force oreo effect t wharecord r, as le samendmrly executed in writing, and if apprp r of this contract. ` E. In the event any disagreement tor diute should he in erpretation orsmean- l tweet the parties hereto pertaining governing rules, codes, ing of any part of this Contract or its g laws, ordinances or regulations, CITY as the party ultimately re- sponsible to HUD for matters of oompliance, will have the final authority to render or to secure an interpretation. F. For purposes of this Contract, all official communica- below= ape if sent set fdoreemed l be ions nttoethe parties arties t postage paid _ C~TYTD C =3 5 City Manager Lonnie Flemming ` City of Denton President 215 E. McKinney St. 221 N. Elm Street Denton, Texas 76201 Denton, Texas 76201 IN WITNESS OF WHICH this Agreement has been executed on this the day of , 1991. i CITY OF DENTON 9Y' r,ITY MANAGER LLOYD V. HARREY,L, ATTEST: JENNIFER WALTERS, CITY SECRETARY BYi _ PAGE 19 i dry..;. MCI"$ I APPROVED AS TO LEGAL FORM! DEBRA A. DRAYOVITCH, CITY ATTORNEY f BY s~ POLICE ATHLETIC LEAGUE I ANYE FLEI~fINGi PRESIDENT B, r ATTESTS f BOARD SECRETARY 3 i ALL0007B II S I j PAGE 20 i l } $xHI$IT "A11 POLICE ATHLETIC LEAGUE it STATEMENT OF WORK I 3 The Police Athletic League program is designed to establish a ti re],ationship between the police and the youth of the alcohol an i o productive attempts to discourage use of drugs, City. Th d e program other delinquent behavior by young people. Program will assist children in low to moderate income house- holds. Funding will be utilized to pay fees for children's par- ticipation in sports and cultural activities. sports equipment Police Athletic will be purchased. children participating in actual League activities may use equipment during training or sports event. i f i F l PAGE 21 :fhb _ Wt'tLV9I1 F I 1 ti j I EXHIBIT "B" POLICE ATHLETIC LEAGUB PROJECT BUDGET ; 1 f ! Fees for children to participate $ 1,567.00 in sports programs ;~~oU•00 Equipment purchases* TOTAL $14,567.00 Y f i f_ ! PAGE 22 f G ~ (•r`AlyiJy i November 25, 1991 I CITY COUNCIL REPORT FORMAT i I ~ TOS Mayor and Members of the City Council f J S FROMS Lloyd V. Harrell, City Manager I SUBJECTS Building Permit and Fee increases RECONNENDATION1 Approval • i SUNNARYI 1. Establishes a 1 and 2 family play; review fee equal to 20% of the building I permit fee. Also establishes a pinn review fee for all other buildings equal to 509 of the building permit fee. t 2. Lstabliahee a $20.00 re-roofing permit fee. k 3. Establishes a $10.00 Certificate of occupancy issuance fee. BACKGROUNDS Building, Code Board minutes. Permit fee comparisons f.f. PROGRAMS, DEPARTMENTS, GROUPS AFFECTEDt 1 Building, and roofing, contractors and citizens of Denton. FISCAL IMPACTS f Substantial increase in permit and fee revenues collected by the Building t inspection Division. After reviewing the proposed 50% plan review fee with the Building Code Board it appeared that 50% was not justifiable for plan review of one and two family dwellings. This is the reason for the 20% proposed for one and two family and 5011 for other occupancies. The original estimate of foe revenue increase of $31,507, $12,000 less would be paid assuming values for fiscal year 1,42 are the same as for fiscal year 191. The aotual i. increase will depend on the number of building permits issued and the size i (square footage) of buildings. { Re tf y submitt Lloyd V. Harre City Manager j f! Prepared bbyys /A Jaokie Doyle, Buding official i h ved~ ~ i r k Robbl s, AICP Executive Dire tar Planning and pevelopment E E r ASS0002D/9 { i 1 WiALL00069 1435.1.1 i ORDINANCE NO. AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS ("BUILDING CODE") TO PRO- VIDE FOR AMENDMENTS AND DELETIONS TO THE UNIFORM BUILDING CODE, 1985 EDITION, PREVIOUSLY ADOPTED AS THE BUILDING CODE FOR THE CITY OF DENTON, REPEALING ALI. ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR A PENALTY IN THE AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That Section 28-28(4) of Article II of chapter 28 1 of the Code of Ordinances of the City of Denton, Texas is hereby F amended to read as follows: j (4) Sec. 304(c). The second santence of section 304(c) is amended to read as follows: For Group R. Division 3 Occupancies, the plan review fee shall be 20 percent of any building permit fee as shown in Table 3-B. For all other occupancies the plan review fee shall be 50 percent of the building permit fee as shown in Table 3-A and section 309. SECTION II. That Section 28-28(9) of Article II of Chapter 28 of the Code of Ordinances of the City of Denton, Texas is hereby amended to add the following fees to be included in Table 3-A: Table 3-A L Permit Fees for Nonresidential Buildings and Additions and Repairs to Residential Buildings . b. Other Inspections Fee: (5) Issuance of Certificate of Occupancy for New Buildings excluding Group R, Division 3 Occupancies .......................................$10.00 S ~ (6) Re-Roofing of any building .......$20.00 SECTION III. That the paragraphs (5) and (6) of Sec. 28.28 are hereby deleted and the remaining paragraphs of this section (Sec. 1 28-28 (7) through (20) ) are renumbered accordingly. I SECTION IV. All ordinances or parts of ordinances in force when the provisions of this ordinance become effective which are inconsistent or in conflict with the terms of provisions contained in this ordinance are hereby repealed to the extent of any such conflict. .w:i. . xnve.~w! ` F 7 j ' i r I SECTION V. Any person who shall violate a provision of this ordinance, or fails to comply therewith or with any of the require- ments thereof, or of a permit or certificate issued thereunder, shall be guilty of a misdemeanor punishable by a fine not exceeding Two Thousand Dollars ($2,000.00). Each such person shall be deemed gul.1ty of a separate offense for each and every day or portion thereof during which any violation of this ordinance is committed or continued, and upon conviction of any such violations such per- son shall be punished within the limits above. r SECTION VI. That this ordinance shall become effective four- teen (14) days from the date of its passage, and the City Secretary j is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official news- paper of the City of Denton, Texas, within ten (10) days of the date of its passage. ` - PASSED AND APPROVED this the day of , 1991. ! BOB CASTLEBERRY, MAYOR R ; l 4 j ATTESTS JENNIFER WALTERS, CITY SECRETARY E BYs APPROVED AS TO LEGAL FORME DEBRA A. DRAYOVITCH, CITY ATTORNEY BY f[~dJ1j p 1 r i i I i i I MINUTES BUILDING CODE BOARD SEPTEMBER 24, 19:'1 PRE9ENTs Wayne Allen, Ed Owens, Isabel Miller, Greg Muirhead arrived at 4130 1 i p.m., Jackie Doyle and Frank Robbins. A68ENTi Cliff Reding 1. it was moved by Miller, and seconded by Owens to approve the minutes of k September 12, 1991 as written. Motion carried unanimously. i Wayne Allen wanted it noted in the attendance record that a quorum was not available for the Board's meeting on September 19, 1991. i I II. For the Board's information, a copy of the ordinance adopting the 1986 Uniform Building Code amendments to the 1985 U.B.C. and the proposed 1 amendments to the 1988 Uniform Building Codes were distributed. These would be necessary for comparison of the codes and to review the 1991 i S U.B.C. The Building Official informed them the next meeting was scheduled for Thursday, October 3, 1991 and that the first twenty four chapters would be reviewed. 1 III. Proposed new fee structures l Possible new fees were discussed. These proposed fees includes $20.00 re-roofing permit fee, $10.00 certificate of occupancy fee for new buildings, $75.00 publio/semi-public swimming pool permit fee, $60.00 private swimming pool permit fee and a plan review fee equal to 65 percent of the building permit fee. Owens asked where $18.00 came from on the old C.o.'s. Doyle maid that we.s for existing buildings. Allen asked if the $18.00 C.O. fee for existf..sg buildings would be continued. Doyle replied "yes". Allen asked what if there are two buildings. Doyle said we would issue separate 0.018. Allen then asked what about exterior site work and parking lots. Doyle said that the C.o is for the building, not the ; parking lot. He mentioned that the number of parking spaces is a requirement of the zoning ordinance. Doyle said we can issue a mingle permit for all buildings within a multifamily oomplex. Miller said they can occupy some apartments before all are finished. IV. Proposed Plan Review real I Allen asked about the plan review fee. He asked if 661 of the building s permit fee was proposed, Allen asked how self supporting is Building j Inspection. Robbins said 661. Owens asked what Departments are salf- sustaining. Robbins said all the fees and fines go into the general fund and are allocated out. Robbins showed Allen the budget which showed money I collected by Bldg. Insp, plus what was required from general resources to ! fund the Division. Miller asked what if the fees are inadequate. Robbins said that if there is a short fall of fees collected, and of other sources 1 of revenue, there is a fund balance left for emergencies. We have been short for the last couple of years. When we are short on revenue, we are not asked to make up the revenues. ~ Owens said there is no activity now. Allen said that when building picks 1 r { Page 2 i up the fee will be profitable. Miller asked if more staff would be added if building picks up. Doyle said we will not be able to operate with fewer people. Allen asked if fees will be reduced when things pick up? other Robbins said in tes of . They don't want decision to be n making, higthe h end council or on i the ask what bottom. cities do {i The 651k number came from the Uniform Building Code. i don't know if we are at the $48,000 level i included in the budget last or year. Robbins asked said yes, h thel total review cost was not. Allen everybody that does the work. Allen asked if money collected from permit fees comes back into Doyle's budget. RobY.ins said no that it goes into the I general fund. i V. Table of costst s Allen, after looking at a table of costs provided by Doyle to Board Members, asked what the heading identified as "Benefit" was. Robbins explained that It included FICA, TMRS, Health Insurance which averages 30- 32• of salary costs, Robbins said it does not include other overhead which is a smaller number. Doyle referenced the Plan Review coat table and said these examples are broken down into occupancy groups. Robbins said we have been seeing this year a very constant increase month to month ! in most things. Muirhead said, that while working with the City as a Plan Reviewer he would red line the plans indicating problems and providing information the with the intent of pt get r to the n people tagged. the work which red lined drawings would never tion would delay the job when the red tag was issued. f k People don't know how much that interim costs. There is some validity to having a good plan review. VI. Comparison with other citiest The Board compared Denton vith other rities. Muirhead said ! Richardson, Carrollton, and Farmers Branch only have 3% more residential growth. Allen said Garland, Richardson, and Grand Prairie do not have a y plan review fee. Owens said we are in competition with Lewisville, Mckinney, Roanoke, Keller and Southlake. Muirhead Included Coppell. Allen asked if it was going to take a 66% Plan Review Fee to make the budget. The 65% dues not sound good to me. Fifty percent sounds reasonable. Doyle said that approximately half of the city's Included on J the chart included plumbing, electrical, and mechanical as part of the building permit fee. Allen asked what was the revenue in building permit fees from last year. Owens said Lewisville is all that we are competing said hwekare with. Kulrhead said also bout economic development orKwhat yIs best Allen for sDenton, Doyle be { a still going to be one-half or less than most other cities in the area 1 31,000 based on 601 in all building per l rmits, i charge. Robbins estimated 31, Allen asked are you just adding a plan review too. Allen said that is $82,000. Robbins said that our estimate was lees than In 1959-1990. That dollar amount included $31,000 multiplied by 50%, adding a plan review to every permit. Miller asked what does a 20% residential plan review fee pay for. Doyle said it will pay for plan review, on on-site inspection 1 concerning preservation of protected trees and review of erosion control E plan by Engineering Division. Owens said there were considerably more review thought fee g would2 residential plan i review issued fee and 50% commercial plan said he residential be ! best. I i 1 { Page 3 Robbins said that the actual cost of reviewing plane is closer to 65%. I Allan said we may need a scale. Miller said the cost of the building shouid depend on the type of building instead of the size. Doyle said some occupancy groups take longer to review. VII. staff reco"ondations i Owens said 20/50 mix can change permit fee rates. Muirhead moved that a f r 1 20% residential plan review fee and a 50% commercial plan review fee be approved along with the rest of the proposed fees. (see attached) Miller seconded the motion. Motion carried unanimously. Muirhead moved that the meeting be adjourned at 6 p.m.. This was seconded by Owens. The motion t carried. f I i i . i s ~,s s r.. 1 i ASS00007 t ~Ar fF tye+.'r+. Y 1 ry. y r RL'Sd~ R{~J I I FEE COMPARMNS City Pill Reties tea Certificate of thing te-Ioofist Peralt srisslat Pool Uasfucy fee tleclricai/Nubiat Pee Peni! Per Perin Pee I ommil Carnal 1 0,00 Correat 10.00 Carrell; Corrtit; 14,40 Corrects frinte 17.1011/60 IIOr04 i Proposed: 201 of Propow 110,00 Proposed 110.00 Pablic/teed fsblie tolldht Peralt Pee Proposed: II5,00 170.00 for 1 ad I fully- 100 of ye"it tee Propsels Prude for all otlers Ii0,00 hblfc/Itii hblic 111.61 k i j Ddttil IS60,00 I11t 00 III,00 lased oa title of 111.00 job POMP 10tR1 iS0,60 1i0,n $26100 110,11 10100 Cued ao Valle of job Pt110 ill of hildiat 11104 11A0 Per 10111 14, 111.00 - Perott lee Pt, , MAIN 11.00 (i1n tuideatial 120.0 12@,41 ISO.v skit Couerelal 141,10 triad 1104.00 la tread y n t1CHt1101 10.00 IS0,61 116,41 12S,N Ilot. 1 tpitRl6tt 101 of talldist 110,01 116,10 fad OR Villa of taxed ea Ville of Perait lee job jot ( 116110P01 241 of hildlet III to We 120,00 211 of Job Valoe 121,01 abore hrolt lee 16100 us (road ' 1101,06 Is trossd 14RIK 401 of Idlllst iI101 120,01 11,00 110,01 skis fersit he triad i 11MI.44 la (rood 0!111 Pldltlt 1100 IH,N 124,P1 1f1n is6,n E i I I 1 s i i . _ S 1 November 25, 1991 CITY COUNCIL REPORT FORMAT TOt Mayor and Members of the City Council i I FROMt Lloyd V. Harrell, City Manager SUHJECTt Building Permit and Fee Increases RECOMMENDATIONS Approval SUMMARYt 1. increases minimum electrical and plumbing prmit fees from $7.50 and $10.00 respectively to $15.00. 2. Increases private and public/semipublic swimming pool permit fees from $20.00 and $30.00 respectively to $50.00 and $75.00. I BACROROUNDt iI{ Building, Electrical, Plumbing and Mechanical Code Board minutes. Permit fee comparison. ~ t PROGRAMS, DEPARTMENTS, GROUPS AFFECTED! Building, plumbing and electrical contractors and citizens of Denton. i FISCAL IMPACTt t substantial increase in permit fee revenues collected by the Building Inspection f Division. Estimated increase $16,000. { r Res ah lly eu i t r Lloyd V. Mar 1 City Manager Prepared byt 1 Jack a Doyle,Jack Doyle, ifi~fficial Ap o t F a HF H. Robbinat Executive Director Planning and Development Ass0002D/9 a t r I., e0A o erupdocs~SEC28,0 240,17a i ORDINANCE NO. i AN ORDINANCE OF THE CITY OF OENTON, TEXAS, AMENDING SECTIONS 28- 121(8) AND 28-210 OF CHAPTER 28 (BUILDING AND BUILDING REGUTATIONS) OF THE CODE OF ORDINANCES, BY AMENDING THE MINIMUM FEES FOR PERMITS) AMENDING SECTION 28-297(3) PROVIDING FOR FEES FOR THE INSPECTION OF SWIMMING POOLS, HOT TUBS AND SPAS) PROVIDING FOR A SEVERABILITY CLAUSE) AND PROVIDING AN EFFECTIVE DATE. i i 1 THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: f SECTION 1. That section 28-121(8) of the code of ordinances of the City of Denton, Texas is hereby amended so that said section shall hereafter read as follows: i 8w. 28-121. Inspection fees. (8) Minimum fee. Minimum fee for any one (1) permit $15.00 SECTION II, That section 28-210(f) of the Code of Ordinances i of the City of Denton, Texas is hereby amended so that said section shall hereafter read as follows: Aed. 28-218. Fees. (f) The applicant shall pay for each permit issued, at the time of issuance, a fee in accordance with the following schedule and at the rate provided for each classification shown in the j schedule: i Plumbing Permit Fee schedule Water closets: First fixture, $ 5.00 each i Next nine 1.60 each Over tent, **.to, #..os, ..,goes 1.40 each Water heaters 1.60 each Lavatories 1.60 eaol. Kitchen sinks...... 1.60 each j t t' y~.)Tyyyn I Bar sinks 1.60 each J slop sinks, 1.60 each Bathtub 1.60 each shower., s 4, 1.60 each Disposal* 1.60 each i ~ Grease trap 1.60 each Urinals...... *so o o-4o., 1,60 each 1.60 each Floor drains Temporary gas,,,,,,,, 10.00 each Washing machines.................................. 1.60 each Drinking fountains 1.60 each Sand traps 1.60 each I Hose bibbs........................................ 1.60 each s 4 Septic tanks...................................... 8.00 each Lawn sprinkler.................................... 8.00 each i Gas 4.00 each Sewer 6.00 each Gasoline tanks... 8.00 each water service 4.00 each Minimum fee........ 15.00 Reinspection 10.00 each SECTION III. That Section 28-297(9) of the Code of Ordinances of the City of Denton, Texas is hereby amended so that sa'.d section shall hereafter read as follows: Page 2 {j I ~ t 1 f • eea. xe-Z97. Deletions and amendments to swimming pool code. (3) Section 1.8, Schedule of Fees. Section 1.8 is deleted and a new section 1.8 is added to read as follows; Schedule of Fees For each swimming pools 1. Public\Semipublic $75.00 ,t $50.00 2. Privates.*,** $ 6.00 , . ee 3. Rainspection fees, 6 too.., so *-a#. IFCm TV. That if any section, subsection, paragraph, sen- tence, clause, phase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisadiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City despite hereby declares it would have council of the City of Denton) Texau such invalidity. enacted such remaining portions That this ordinance shall become effective immedi- ely upon Cs passage and approval. at da of 1991. PASSED AND APPROVED this the day BOB CASTLEBERRY, MAYOR I I ATTESTS I# JENNIFER WALTERS, CITY SECRETARY 1 Sys APPROVED AS TO LEGAL FORM: } DEBRA A. DRAYOVITCH, CITY ATTORNEY f 1~ BY: 1 FaSe 3 E i i MINUTES BUILDING CODE BOARD t SEPTEMBER 24, 1991 j PREBENTi Wayne Allen, Ed Owens, Isabel Miller, Greg Muirhead arrived at 4r3O Y p.m,, Jackie Doyle and Frank Robbins. ABSENTi Cliff Reding I, It was moved by Miller, and seconded by Owens to approve the minutes of September 12, 1991 as written. Motion carried unanimously. Wayne Allen wanted it noted in the attendance record that a quorum was not available for the Board's meeting on September 19, 1991. I!. For the Board's information, a copy of the ordinance adopting the 1985 Uniform Building code amendments to the 1985 U.B.C. and the proposed amendments to the 1988 Uniform Building Codes were distributed. Those would be necessary for comparison of the codes and to review the 1991 U.S.C. The Building official informed them the next meeting was scheduled for Thursday, October 3, 1991 and that the first twenty four chapters would be reviewed. 'f III. PropoW. new fse structural Possible new fees ware discussed. These proposed fees include] $20.00 y re-roofing permit fee, $10.00 Certificate of occupancy fee for new buildings, $76.00 public/semi-public swimming pool permit fee, $50.00 private swimming pool permit fee and a plan review fee equal to 65 percent { of the building permit fee. Owens asked where $18.00 came from on the old C.O.'s. Doyle said that was for existing buildings. Allen asked it the $18.00 C.O. fee for existing buildings would be continued. Doylo replied "yes". Allen asked what if. there are two buildings. Doyle said we would issue separate C.O's. Allen then asked what about exterior site work and parking .tots. Doyle said that the C.0 is for the building, not the parking lot. He mentioned that the number of parking spaces is a requirement of the zoning ordinance. Doyle uaid we can issue a single permit for all buildings within a multi-family complex. Miller said they can occupy some apartments before all are finished. IV. Proposed Plan Reviow Fees Allen asked about the plan review fee. He asked if 668 of the building permit fee was proposed. Allen asked how self supporting is Building Inepeotion, Robbins said 658. Owens asked what Departments are self- sustaining. Robbins said all the fees and fines go into the general fund and are allocated out. Robbins showed Allen the budget which showed money collected by Bldg. Insp, plus what was required from general resources to { fund the Division. Miller asked what if the fees are inadequate. Robbins said that if there is a short fall of fees collected, and of other sources of revenue, there is a fund balance left for emergencies. We have been j short for the last couple of years. When we are short on revenue, we are not asked to make up the revenues. Owens said there is no activity now. AV en said that when building picks . E g la. y. L9 k:H° { f page 2 we will not beablef to would added o with up the fee will be profitable. Miller if building picks up. Yle said lak u7 when thi fewer people. Allen asked If fees will bbher Council will asngs whet other Robbins said In terms of decision making, cities do. They don't want to be on the high end or on the bottom. review if was The t are at b thnumber came from e $48,000 level or not. Allen dasked c if the don't included in the budget last year. Robbinr, said yes, the total cot of rmit everybody that does the work. Allen asked if money collected from pe fees comes back into Doyle's budget. Robbins said no that it g;,es into the general fk+nd. V. Table of costs Allen, after looking at a table of costs provided by Doyle to Board explained that ithincluded hFICAt,gTMRS,n Health Insurance whLohaaver gesb30- 32% of salary costs. Robbins said it does not include other overhead the which is a smaller Bare brokenrdowneinto occupancyRgroups. Robbing end said these examples this year a very constant increase month to month aid we have been seeing s in most things. s a Plan Reviewer he Muirhead said, that while working with emeiand aproviding information would red line the plane indicating P ed. Many times the with the intent of preventing jobs from being redadoing the work which red lined drawings would never get. to the people would delay the job when the red tag was issued. People don't know how much that interim costs. There is some validity to having a good plan rerlew. r ` VI. Comparison with other citiess residential The Board comared l Richardson, Cerrolltan,Dand FarmerB Beanch other only cities. 38 moreirhead growth. Allen said Garland, Richards:on, and Grand Prairie do not have a plan review fee. Owens said we are in competition Mekinneyr Roanoke, Keller and Southlake. Muirhead included Coppell. Allen asked if it was going to take a 6 to Plan Review Feerto make the budget. The 65% does not sound good reasonable. Doyle said that approximately and halt of the city's part udd on mechanical as te the chart included plumbing, electrical, building permit fee. Allen asked what was the revenue in building permit fees from last year. Owens said Lewisville is all that we are competing with. Muirhead said also McKinney. Allen asked should we be thinking , Do are about economic development mofor st D0;her citiese in i heearea leas thanbest halfo or what still going going t permits. charge. Robbins estimated 31,000 ':seed on 508 in all building pe $821000. Robbins said uth,itadout estimate wasllA s than in 11989 1 90 that That Allen asked are ou dollar amount iincluded ~31fOOO asked whatldoesiad20%5residential plannreviewwfee every permit. Miller pay for. Doyle said it will pay for plan review, one on-site inspection concerning preservation of protected trees and review of erosion control ' plan by Engineering Division. Owens said there were considerably more residential permits issued than commercial. Owens said he thought a 209 residential plan review fee and 50% commercial plan review fee would be best. { j t t P J { Page 3 j Robbins said that the actual cost of reviewing plans is closer to 65%. Allen said we may need a scale. Miller said the cost of the building should depend on the type of building instead of the size, Doyle said ; 1 some occupancy groups take longer to review. t VII, Staff recowoondationt 0 a Owens said 20/60 mix can charge permit fee rates, Muirhesd moved that a 20% residential plan review fee and a 50% commercial plan review foe be approved along with the rest of the proposed fees. (see attached) Miller seconded the motion. Motion carried unanimously, Muirhead moved that the meeting be adjourned at 6 p.m., This was seconded by Owens, The motion carried, j I f i ASS00007 ~f MINUTES PLUMBING AND MECHANICAL CODE BOARD November 13, 1991 r PRESENTS Pete Work, Bill Burley, George Beaker, Richard Cooper, Joe Mulroy, Jeff Peploe, Robert Sullivan, Jackie Doyle, Building Official ABSENTt None it Sullivan moved and Burley seconded a motion to approve minutes of August 140 1990 as written. Motioncarried unanimously. II. The Board briefly discussed increasing the minimum plumbing permit fee from $10.00 to $15,00. There was some concern that a $5.00 increase might not be enough to cover the cost of the required inspections, I I Burley moved and Sullivan seconded a motion that the minimum plumbing permit fee be increased from $10,00 to $15,00, d Motion carried unanimously, III,, Doyle reported on his review of Part I Administration of the P91 Uniform Plumbing Code and Chapter 1 of the U.P.C. Doyle setd that Sections 26-142 - 28-144 of the City of Denton code of uzdinances adequately covers the information in Part 1 t Administration and recommended that code of ordinances not be amended, E { recommended that t the only definition change be definitions the definition of combustible construction. Doyle recommended that the definition be the' same as is presently in the code of ordinances which defines combustible construction as building construction types 111, IV, and V as shown in Table 17-A of the uniform Building Code. Beaker reviewed Chapters 2 and 3 and it was agreed that current amendments to these chapters should be the only amendments. j Cooper reviewed that he cur current amendment of Sao. recommended. 609 (a) should remain, f Jeff Peploe reviewed Chapter 9 and no changes are recommended. The current amendment to Sea, 904 (b) shall be retained. i November 18, 1991 Page 2 I i There was considerable discussion concerning a state law or proposed law which would restrict the amount of water use to 1.6 gallons per flush for all new water closets. Board members are not sure that 1.6 gallons is adequate to properly remove waste from the water oloset to the sewer main. Some Board members believe that there will be many more sewer stoppages if the 1.6 gallon limit becomes law, The Board asked Doyle to find out if the proposed law has been signed by the gover:ior. Doyle was also asked to check with other cities to see if they ware considering plumbing code changes to take into consideration the 1,6 gallon per flush water closets. Meeting adjourned at 5sln P.M. I IE I i HINCTEB ELECTRIC CODE BOARD October 30, 1991 I t I i, PREBENTI Trenton Williams, Greg Mitchell) John Hardinger, Stuart Cawthon, Terry Schertz, Jackie Doyle, Building Official ABBENTs Victor Sandoval 1. Mitchell moved and Hardinger seconded a motion to approvo the minutes of Septembor 4, 1991 as written. Motion carried unanimously. ll. The board discussed increasing the minimum electrical permit fee from $7.50 to $15.00. Doyle stated that $7.50 Was inadequate. Doyle indicated that many of these permits require more than one inspection. Doyle also indicated to the Board what these permits cost in other area cities. Dallas charges $42,00, Grand Prairie, Irving, and Arlington $20.00, Richardson $15400 and Lewisville $15.50. f Cawthon asked how long it had been since electrical permit fees had been increased. Doyle wasn't sure but said it had been several years. (permit fees were last increased on 2-24- y 81) I ' 1 Hardinger moved and Schertz seconded a motion to recommend i increasing the minimum electrical permit fee from $7.50 to i $15.00. Ill. Doyle told the Board that Jim McClanahan had resigned from the Board due to a conflict with job duties. Jennifer Walters, City Secretary swore in Stuart Cawthon and Terry Schertz. Meeting adjourned at 9t15 a.m. PEE COMPARISONS 1 City Pill !tiler Pea Cettlficsie of liatmu re-loofbl Permit lduisi pool 0ccepucy fee YleatrlcallPlubfsl Pee Permit Pee } Permit Pee I 091101 Csrremt 10,00 Csrreet 10.00 Currml; C►rrut: 10.00 clutIU 1`61410 1130110.00 120,00 Proposed: 201 of proposed: 110.00 Proposed 120.00 Pobllclled hbtic ? rdldlal Permit Pee Proposed 111.00 100.00 for I kid 1 fully- r 50% Of panic fr^ Proposed; Printe for all olbere 150.00 Prblicllni Pmblic 61600 OaLtdl 1100.00 1161,00 @I2,00 lamed ON Ville of 112.00 lob _ P0/1 Y0111 110,00 110.00 - 1200.00 110.00 10,00 lued as Valle of Job PLA10 65% of hildiml IS0.00 11.00 per 1000 11. 110.00 Perris Pee Pt _ _ 011LIr0 10.@0 150.01 Yesldastial 110.00 120,00 IS000 a6oVe Conerofal 110.00 Iroud l $100.00I!Jrotiaa _ YICIdrD101 10.00 150.00 111,00 115.00 1100000 L%Y11rILLt 601 of 1111dial 110,00 116.50 hied os Velma of lued of Valle or V Permit Pee Jcb Job a alllllOT01 !@% of htldlsl 61 to stow 620.00 ~ 201 of job ulme 12600 ataVa } Permit let 110.00 ter Iroud + 110600 is Iroud 1 4 1IP110 10% of lmtldlsl $woo MAI 1000 160.00 abort j Iroud permit he _ 100.001s rood Gid16 Pldill% Y 1000 _ 160,00 1!0,00 110.00 6b000 s. i :.~D W , December 3, 1991 CITY COUNCIL AGENDA ITEM I TO MAYOR AND MEMBERS OF THE CITY COUNCIL t FROM : Lloyd V. Harrell, City Manager RE t CONSIDER ORDINANCE APPROVING EAGLE POINT SHOPPING CENTER ADDITION WATER LINE OVERSIZE PARTICIPATION AGREEMENT i RECOMMENDATION: The Public Utilities Board, at their meeting of November 20, 1991, I recommended to the City Council approval of the oversize agreement between the City and the developers, Mar-Tlorra Investments and Albertson's . The l maximum cost for Denton's approved participation is for an amount riot to exceed $14,743, if the projects rebid by the City of Denton, or $10,328 if the staff estimate is used. i } SUMMARY, The Legal Department has determined that the City of Denton may participate 4 in this project without competitive bids being taken by the City up to 30% of the 18" water line cost (Total cost of the 18" water line $34,420 x 30% = $10,320). Therefore, the Board recommendation is to act two limits of particlpation. One with competitivo bids and one without. s When a developer extends water or sewer lines into an area, the developer Is required by the City's Subdivision Rules and Regulations to install water and sewer lines of sufficient size to serve the new area. The City may request that the subject lines be oversized to serve the general service area. The City may also participate in the cost of oversized water end sewer lines in accordance ►d lbertson's are with Article 4,09, B-2. Mar-Tierra Investments anA developing a site between U,S. 'Highway 377 (Tort Worth Drive) and Locust Street. The development requires an 8" water line, and the City is requesting that a 18" water line be Installed to serve the general area. The 18" line will he extondod approximately 781 foot. The maximum cost to the City of Denton is $14,743. i a i f I I BACKGROUND: In order to serve the area containing this development and future developments to the south, a new 16" water lino is required. The proposed development requires an 8" water line. Therefore, an oversize agreement from 8" to 16" water line is recommended. i Mar-Tiorra Investments submitted a request for oversize participation in the amount of $32,572.86. This amount was based on an engineering estimate prepared by Hammot & Nash, Inc. This project which includes approximately 2,180 foot of 18" - 27" diameter pipe and 408 feet of 5x3 box culvert for drainage, 700 foot of 20" and 420 feet of 8" water line and 1,104 feet of 8" sanitary sewer as well as the 16" water line has already been bid as a lump sum. The low bid was for $418.500. The Utilities Department Staff has determined that the consultant's cost estimate for the 16" water line includes costs for the 20" water line which is not within the scope of this agreement. Staff's corrected cost estimate for the 16" pipe is $34,420. Staff's cost estimate for an 8" water line is $19,677., The net difference is $14,743, the cost for the City's participation In this project. ' AGENCIES AFFECTED Citlrtens of Denton, Denton Munioipal Utilities and Mar-Tierra Investments and Albertson's. FISCAL IMPACT The estimato cost for our participation is $14,743, See Exhlblt III for further project financial information. t~ ubmitted b . Prepared by: Lyd V. Harrell, City Manager Lou Allison, Director Wator/Wtr/WW Engineering Deot, A"vwedby .E. Nelson, Executive Director of Utilities Exhibit I. Ordinance j II, Participation Agreement III. Fund Analysis IV. CIP Detail Sheet V. Minutes of PUB Meeting of 11(20/91 I. SAtl LR.UIBNXX.tlR j f~ t WtALLOOOBZ ORDINANCE NO AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN r ` THE CITY OF DENTON, TEXAS AND ALBERTSON'S, INC. FOR PARTICIPATION IN THE CONSTRUCTION OF A SIXTEEN (1611) INCH WATER MAIN TO SERVE THE CITY'S UTILITY SYSTEM; PROVIDING FOR THE EXPENDITURE OF FUNDS) AND PROVIDING AN EFFECTIVE DATE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSt r BECTI91I. That the Mayor is hereby authorized to execute an agreement between the City of Denton and Albertson's, Inc. for. F Participation in the construction of a sixteen (16") inch water main to serve the City's Utility System, under the terms and con- ditions contained in the agreement, a copy of which is attached hereto and made a part hereof. SECTION II, That the expenditure of funds in an amount not to exceed Fourteen Thousand Seven Hundred and Forty-Three ($14,743.00) Dollars is hereby authorized. SECTION rri. That this ordinance shall become effective im- mediately upon its passage and approval. t PASSED AND APPROVED this the day of 1991. i j BOB CASTLEBERRY, MAYOR 5 ATTESTt I j JENNIFER WALTERS, CITY SECRETARY j f BYt APPROVED AS TO LEGAL FORMt DEBRA A. DRAYOVITCH, CITY ATTORNEY 1 BYt s is k' I WATER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND ALBERTSON'S, INC. WHEREAS, Albertson's Inc, hereafter referred to as "Developer," whether one or more, whose business address is 250 Parkoenter Blvd, Boise, Idaho 83726, wishes to develop and improve certain real property (described in Exhibit I attached hereto and inoorporated herein by reference), located in the City of Denton, Texas or its extraterritorial jurisdiction, and is required to provide such property with adequate water by designing, construct- ing and installing a water main of a minimum inside diameter of eight inches (811), hereafter referred to as "required facilities"; and WHEREAS, the City of Denton, Texas, a municipal corporation located at 215 East McKinney, Denton ith Texas its ordinances 6201, hereafter re- i ferred to as "City,~~ in accordance w participate in the cost of the construction and installation of f said water main to provide for an "oversized" water main to expand its utility system and insure adequate utility service to other customers! NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, Developer and City agree as followst 1. Developer shall design, install and construct a sixteen inch (1611) water main and all necessary appurtenances thereto, hereafter referred to as 'loversized facilities,", located as shown on Exhibit 11, attached hereto and incorporated herein by refer- ence. 2. Prior to beginning construction of the oversized facil- ities, Developer shall enter into a Development contract, as re- quired by Chapter 34 of the Code of ordinances of City. This agree- ment shall be subject to and governed by such Development Contract, which is incorporated herein by reference, and any other applicable ordinances of City. 36 Prior to beginning construction of the oversized facil- ities, Developer shall use due diligence and make reasonable ef- forts to obtain, at Developer's sole cast and expense, all neces- sary permits, licenses and easements. If easements are needed, the deeds therefore obtained by Developer shall be reviewed and ap- proved as to form and substance 'ay City prior to the beginning of construction. If Developer is unable to acquire needed easements, this inability shall not constitute a default by Developer under this Agreement, but Developer shall provide city with any requested documentation of efforts to obtain such easements, including evi- dence of negotiations and reasonable offers made to the effected property owners. Any easements for the oversized faailit.los ob- 3 tained by the Developer shall be aeslgned to City, if not taken in i City's name, prior to acceptance of the oversized facilities, and i i t :i 3 tj i 5 is Developer warrants clear title to such easements and will defend City against any adverse claim made against such title, 4. The City's share in the cost of the oversized facilities is the difference in the coat of installing the required faoi- lities, as determined by city, and the cost of the oversized facil- ities, as determined by the City, which amount not to exceed Fourteen Thousand Saven Hundred Forty Three Dollars and No Cents ($14,743.00) in the event Developer wishes for City to advertise for bids for the construction of the facilities. Tn the event contractor does not wish for the City to advertise for bids, the City shall share in the cost of the oversized facilities in an amount equal to thirty (30) percent of the cost of the oversized facilities, but not to exceed $10,326, City shall not, in any case, be liable for any additional cost because of delays in be- ginning, continuing or completing construction; changes in the price or cost of materials, supplies, or labor; unforeseen or un- anticipated coat because of topography, soil, subsurface, or other site conditions; differences in the calculated and actual per linear feet of pipe or materials needed for the oversize4ifacil ities; Developer's decision as to the contractors or subcontractors used to perform the work; or any other reason or cause, specified or unspecified, relating to the construction of the oversized facilities. 5. Within thirty (30) days of the acceptance of the faoil- ities by the city, Developer shall submit to the City'a Director of Utilities evidence of the actual cost of the oversized facilities. Should the actual cost of the oversized facilities be less than the cost on which the City's share was determined, the City"s share of the cost shall be reduced proportionally, on a per linear foot basis, based upon the difference of the actual cost of the over- sized facilities and the determined cost for required facilities. To determine the actual cost of the oversized facilities, Cite shall have the right to inspect at reasonable times any and all re- cords of Developer reasonably related to the construction of the oversized facilities his agentsr emptoYesr contractors e or subcon- tractors at reasonable times, and shall have the right to require Developer to submit copies of any necessary information reasonably related to the construction of the oversized facilities, such as documents, invoices, receipts or other records to verify the actual cost of the oversized facilities. 6. Within thirty (30) days of the date the Developer has sub- mitted satisfactory documentation of the actual, cost of the over- sized facilities, as reasonably determined by City, City shall pay to Albertson'a its share of the cost thereof. 7. All notices, payments or communications to be given or made pursuant to this agreement by the parties hereto, shall be sent to Developer at the business address given above and all notices or communications given or made by Developer shall be sent Page 2 ( i r I~ to the Director of Utilities for the City at the address given above. 8. Developer shall. indemnify and hold City harmless from any and all claims, damage loss or liability of any kind whatsoever, by reason of injury to property or person occasior,ad by any act or omission, neglect or wrongdoing of Developer, its officers, agents, j employees, invitee, contractors or other persons with regard to the performance of this Agreement, except that this indemnity shall have no application to any claim loss damage, cause of action or liability resulting from the sole negligence of city, its officers, agents, or employees, and Developer still, at its own cost and expense, defend and protect City against any and all such claims and demands. 9. If Developer does not begin substantial construction of the oversized facilities within twelve (12) months of the effective " date of this agreement, this agreement shall terminate. 10. Before the commencement of construction, Developeiaagree i i j to furnish city a performance bond in an amount not lose than the cast of the improvements, guaranteeing the full and faithful con- pletion of the improvements meeting the specifications of the City. The bond shall be in favor of the City, and shall be executed by surety company authorized in the State of Texas. 11. This instrument embodies the whole agreement of the s parties hereto and there are no promises, terms, conditions or obligations other than those contained herein, This agreement t shall supersede all previous communications, representations or agreements, wither verbal or written, between the parties hereto, 12. This agreement shall not be assigned by Developer without the express written consent of City. 13. Any and all suits for any breach of this contract, or any other suit pertaining to or arising out of this contract, shall be brought and maintained in a court, of competent jurisdiction in Denton County, Texas. Executed this the day of 01991. ALBERTSONOS, INC., DEVELOPER BY: t Page 3 ,~.b i :flu+^.. 1 n ATTEST: j CITY OF DENTON BYI ATTESTO JENNIFER WALTER6, CITY SECRETARY BYO 3 APPROVED AS TO LEGAL FORMI DEBRA A. DRAYOVITCH, CITY ATTORNEY ~ SYO ' ~~~G'.fSSfLG ;F s { II 141 ALL000A7 Page 4 Pt re irsi' • ~A f tj r FIELD NOTES TO 14.1743 ACRES IN THE ALEXANDER HILL SURVEY, ABSTRACT.' 623, DENTON COUNTY, TEXAS. AI.*, THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE ALEXANDER HILL SURVEY, ABSTRACT 623, DENTON COUNTY, TEXASr AND BEING PART OF LOT 2, OF THE REPLAT OF SUNRISE CENTER ADDITION, RECORDED IN CABINET B PAGE 108, PLAT RECORDS OF DENTON COUNTY, TEXAS, AND BEING THE SAME TRACTS DESCRIBED IN A DEED TO MAR-TIERRA INVESTMENTSr RECORDED IN VOLUME 2679 PAGE 386r SREAL AME PROPERTY RECORDS OF DENTON COUNTY, TEXAS, AND BEING THE TRACT DESCRIBED IN A DEED TO ALBERTSONSr INC. RECORDED IN VOLUME 2679 PAGE 395, REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, BEGINNING AT AN IRON PIN ON THE EAST RIGHT-OF-WAY OF U.S. HIGHWAY 377, AT THE NORTHWEST CORNER OF A 2.0 ACRE TRACT DESCIBED IN A DEED TO CITIZENS NATIONAL BANK, RECORDED IN VOLUME 827, PAGE 913, DEED RECORDS OF DENTON COUNTY, TEXASI THENCE NORTH 26 DEGREES 21 MINUTES AND 00 SECONDS EAST WITH THE EAST RIGHT-OF-WAY OF U.S. HIGHWAY 377 A DISTANCE OF 209.71 FEET TO AN IRON PIN; THENCE NORTH 24 DEGREES 56 MINUTES AND 09 SECONDS EAS4 ALONG SAID RIGHT-OF-WAY A DISTANCE OF 53.59 FEET TO AN IRON PIN; THENCE NORTH 25 DEGREES 22 MINUTES AND 18 SECONDS EAST ALONG 4 SAID RIGHT-OF-WAY A DISTANCE OF 146.86 FEET TO A RIGHT-OF-WAY MARKER; THENCE NORTH 21 DEGREES 55 MINUTES AND 47 SECONDS EAST ALONG SAID RIGHT-OF-WAY A DISTANCE OF 91.45 FEET TO AN IRON PINT THENCE NORTH 89 DEGREES 27 MINUTES AND 34 SECONDS EAST ALONG AND NEAR A FENCE A DISTANCE OF 327.40 FEET TO A FENCE; THENCE NORTH 00 DEGREES 20 MINUTES AND 54 SECONDS WEST ALONG AND NEAR A FENCE A DISTANCE OF 124.40 FEET TO A FENCE CORNERI THENCE SOUTH 89 DEGREES 30 MINUTES AND 49 SECONDS EAST ALONG AND NEAR A FENCE A DISTANCE OF 375.39 FEET TO AN IRON PIN ON THE WEST BOUNDARY LINE OF MYRTLE S7TREETi THENCE SOUTH 00 DEGREES 32 MINUTES AND 54 SECONDS EAST ALONG THE WEST BOUNDARY LINE OF MYRTLE STREET A DISTANCE OF 271.27 FEET TO AN IRON PIN AT AN INTERSECTION WITH THE WEST BOUNDARY LINE OF SOUTH LOCUST STREET; WEST •IISTANCEOF THENCE SOUTE BOUNDARY gLINE ROFSSOU12 TH MLOCUST STREET B ASTOTALS ALONG THE 145.32 FEET TO AN IRON PINt THENCE SOUTH 19 DEGREES 51 MINUTES AND 00 SECONDS WEST ALONG THE WEST BOUNDARY LINE OF SOUTH LOCUST STREET A DISTANCE OF 289.47 FEET TO AN IRON PIN; THENCE SOUTH 20 DEGREES 54 MINUTES AND 45 SECONDS WEST ALONG TH^ WEST BOUNDARY LINE OF SOUTH LOCUST STREET A DISTANCE OF 152.63 FEET TO AN IRON PIN; THENCE SOUTH 22 DEGREES 38 MINUTES AND 18 SECONDS WEST ALONG THE WEST BOUNDARY LINE OF SOUTH LOCUST STREET A DISTANCE OF 123,95 FEET TO AN IRON PIN; THENCE SOUTH 32 DEGREES 08 MINUTES AND 23 SECONDS WEST ALONG THE WEST BOUNDARY LINE OF SOUTH LOCUST STREET A DISTANCE OF 83.50 FEET TO AN IRON PIN AT A TURN IN SAID STREET; PARTICIPATION AGREEMENT EMISrr l t i PAGE 2 THENCE SOUTH 70 DEGREES 44 MINUTES AND 08 SECONDS WEST ALONG THE NORTH BOUNDARY LINE OF LOCUST STREET A DISTANCE OF 59.64 FEET TO AN IRON PIN; THENCE NORTH 82 DEGREES 38 MINUTES AND 39 SECONDS WEST ALONG THE NORTH BOUNDARY LINE OF INTERSTATE HIGHWAY 35E A DISTANCE OF 232.87 FEET TO AN IRON PINS j THENCE NORTH 89 DEGREES 59 MINUTES 44 SECONDS WEST A DISTANCE OF 189.99 FEET TO AN IRON PIN; THENCE NORTH 00 DEGREES 06 MINUTES 20 SECONDS WEST A DISTANCE OF 132.10 FEET TO AN IRON PINT THENCE NORTH 00 DEGREES 03 MINUTES 47 SECONDS WEST A DISTANCE OF 14.89 FEET TO AN IRON PIN; THENCE NORTH 89 DEGREES 56 MINUTES 13 SECONDS EAST A DISTANCE OF 124.83 FEET TO AN IRON PINT THENCE NORTH 01 DEGREES 03 MINUTES 24 SECONDS WEST A DISTANCE OF 173.49 FEET TO AN IRON PIN; THENCE WITH A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 44 DEGREES 11 MINUTES 36 SECONDS, A RADIUS OF 10.00 FEET, ,tA CHORD BEARING OF NORTH 23 DEGREES 09 MINUTES AND 12 SECONDS WEST, 7,52 FEET, AND AN ARC LENGTH OF 7.71 FEET TO AN IRON PINT THENCE NORTH 45 DEGREES 15 MINUTES AND 00 SECONDS WEST A ; DISTANCE OF 19.74 FEET TO AN IRON PIN; THENCE NORTH 47 DEGREES 45 MINUTES AND 53 SECONDS WEST A DISTANCE OF 117.09 FEET TO AN IRON PINT THENCE SOUTH 89 DEGREES 56 MINUTES AND 13 SECONDS WEST A DISTANCE OF 165.10 FEET TO THE POINT-OF-BEGINNING AND CONTAINING --T4.1743 ACRES OF LAND. i I' r t i i k t M1 g G ~t L__.! C///////~ ±I I MILL ! I coin sw l ~ 1 ~ Q Sl SY IN t , ~ N o4 0 4~q s off' ALEGRE VISTA < \F AOLE POINT SHOPPING CENTER ADDITION ~ ~ LINDSE7 ` VV i 16" WATER LINE J N An cc Alt ' 4 VIN, LO DOND~RRY N ; 3aft I ~ in I I PAHTICIPATION AGS14MENT EM101T 11 ~j)Z A"iSR':1:fM 1 r` f ll i ' December 3, 1991 CITY COUNCIL AGENDA ITEM E TOs MAYOR AND MEMBERS OF THE CITY COUNCIL 1 FROM: Lloyd V. Harrell, City Manager I j SUBJ: RESOLUTION OF PROPOSED TAC RULE CHANGE CONCERNING CROSS- ' f CONNECTION 1 t i ff RECOMMENDATION t Staff recommends that the City of Denton oppose the change to the Texas Administrative Code (TAC), Title 25, Part I, Chapter 337 allowing the use of potable water by heat exchangers which will be returned to the potable water supply. SUMMARY i' The heat exchanger constitutes a cress-connection where water of unknown or questionable quality could be returned to the public water supply distribution system. Heat withdrawn or added can affect bacteriological water quality, corrosiveness, and loss of required chlorine residual content. Freon and r compressor oils are potential contaminants, Only several degrees of change in water temperature could cause leaks in water mains, especially PVC lines during periods of freezing N temperatures. The potential for illegal taps and unmetered use of City water is increased. The Water Utility has the responsibility to the customer meter for quality and purity, after the meter it is deemed out of the control of the utility and considered "used water". In short, the City's public drinking water system was not designed or intended to be used as a heat sink or source for hundreds of heat exchangers. r r BACKGROUND A company, Demarco Energy Systems, has over the past several years been trying to obtain approval for an energy saving k I device which takes water from a Public Water Supply j Distribution System, passes the water through a heat exchange I coil in a heat pump, and returns it to the distribution system through a second tap. The distribution system acts as a heat sink, They have retained the services of ex Attorney General, Jim Mattox, and have been successful in getting a proposed rule change through the Texas Department of Health which will allow their system to be used in Texas, l KAU] i I ~A WY, i i i i i I PAGE 2 f PROGRAMS, DEPAR'IMEMTS OR GROUPS AFFECTED i j Citizens of Denton, Denton Municipal Utilities, Texas i Department of Health, City Council. FISCAL IMPACT None R fully s i Q o Harre 1 i City Manager i r4A' r&i yF solo ree n Director, Engineering and Operations; i Apprc d bye R E. Nelson, Executive { Director of Utilities Exhibit I Resolution, i s I WfALL00O90 1705,4 i RESOLUTION NO. A RESOLUTION OPPOSING A PROPOSED CHANGE IN THE TEXAS ADMINIS'T'RATIVE CODE WHICH WOULD ALLOW POTABLE WATER USED BY HEAT EXCHANGERS TO BE RETURNED TO THE POTABLE WATER SUPPLY; AND DECLARING AN EFFECTIVE DATE. f I WHEREAS, there is a proposed change to the Texas Administra- tive Code (TAC) Title 25, Part I, Chapter 337 to allow potable water to be used for heat exchangers and returned to the potable water supplyi and i ! WHEREAS, the heat exchanger constitutes a cross-eonneotion where water of unknown or questionable quality could be returned to the ptiblic water supply distribution system) and WHEREAS, heat withdrawn or added can affect bacteriological water quality, corrosiveness, and loss of required chlorine resi- dual content) and WHEREAS, freon and compressor oils are potential contaminants, and two freon compounds are listed by Environmental Protection Agency as unregulated contaminants and possibly future regulated f~ contaminantsl and { WHEREAS, respected water related organizations such as Uni- versity of Southern California Foundation for Cross-Connection Control and Hydraulic Research 4• , American Water Works Association and American Backflow Prevention Association, are opposed to heat pump systems and nationally recognized plumbing codes prohibit theml and ti WHEREAS, only several degrees of change in water temperature } could cause leaks in water mains, especially in PVC lines during periods of freezing temperatures) and WHEREAS, the Water Utility has the responsibility to the ous- tamer meter for quality and purity after the meter it is deemed out of the control of the utility and considered "used water"p and E WHEREAS, the public drinking water system was not designed or intended to be used as a "heat sink" or as a source for hundreds of } heat exohangerat NOW, THEREFORE, t THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the City of Denton opposes the proposed change to Texas Administrative Coda (TAC), Title 25, part I, Chapter 337 to allow water from heat exchangers using potable water to be returned to the potable wager supply. _r T YA. i SECTION rr, That this resolution shall become effective im- mediately upon its passage and approval. 5. mroN rrr, That the City secretary is hereby directed to forward a copy of this resolution to the Texas Department of Health, James E. Pope, P. E„ Director, Division of Water Hygiene, 2100 West 49th, Austin, Texas 79756, PASSED AND APPROVED this the day of ~ 1991. !f , I. s BOB CASTLEBEkRY, MAYOR s. ATTESTt JENNIFER WALTERS, CITY SECRETARY , BY1 _ t APPROVED AS To LEGAL FORM: r DEBRA A. DRAYOVITCH, CITY ATTORNEY All BY i=`LLL~ A