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Home My WebLink About01-07-1992 Agenda No. Agenda ltem AGENDA Lilo CITY OF DENTON CITY COUNCIL JANUARY 71 1992 Work Session of the City of Denton City Council on Tuesday, January 71 1992 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. f 5215 p.m. 1. Executive session: A. Personnel/Board Appointments Under Sec. 2(g), Art. 6252-17 V.A.T.S. 1. Consider whether Joe Mulroy has forfeited his position as a member of the Plumbing and Mechanical Board of Appeals under Section 14.04 of the charter. B. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S. 1. Consider action in City of Denton v. Washington National Insuranre_COmaany.. 2. Discuos litigation in CiA~y_ of Denton .v_, Tri-steel Structures. Inc. 3. Consider action in Fritz v. City, 4. Consider action in Texas Waste Man_ag_etrent V. Cif of Denton. C. Real Estate Under Sec. 2(f), Art. 6252.17 V.A.T.S. 2. Receive a report and hold a discussion regarding GTE Optional. Extended Area Service for citizens of the City of Denton. 3. Receive a report and hold a discussion concerning the results of the City of Denton Affirmative Action program and proposed Workforce Diversity Program. 4. Receive a report and hold a discussion regarding improvements to U. S. Highway 77, from interstate Highway 35 north of Denton southeast to U.S. Highway 380 and give staff direction. 51 Receive a report and hold a discussion regarding disannexation of 102.34 acres located north of Jim Christal Road and west of Masch Branch Road and give staff direction. ti WNW~ City at Denton City Council Agenda January 7, 1.992 Page 2 6. Receive a report and hold a discussion regarding an annexation petition for 67.92 acres located north of Ryan Road on Forrestridge Drive. 4 Receive a report and hold a discussion regarding a proposed exit ramp on Interstate Highway 35. Regular Meeting of the City of Denton City Council on Tuesday, January 7, 1992 at 7:00 p.m. in the Council Chambers of City Hall, 215 E.. McKinney, Denton, Texas at which the following items will be considered: 7:00 p.m. 1. Pledge of Allegiance 2. Consider approval of the minutes of the Regular Sessions of November 19, 1991, December 31 1991, and December 17, 1991; the Planning Seminar Update of December 10, 1991; and the Joint Session of December 11, 1991 with the Denton Independent School District. 3. Resolution of Appreciation for Ernie Tullos. 4. Citizen Reports 1? A. Receive a citizen report from Bill Thomas regarding the Main Street Program, B. Receive a citizen report from Fred Gossett regarding the plan review fees. 5. Consent Agenda Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the 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 atcached to the ordinance (Agenda item 6.A, 6.8, 6.C). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an itom prior to approval of the Consent Agenda. City of Denton City Council Agenda January 7, 1992 Page 3 A. Bids and -,chase Orders; 1. Bid #1307 - Uniform Rental 2. Bid #1309 - Dump Trucks : 3. Bid #1310 - Skid Steer Loader 4. Bid #1311 - Pickups, Trucks & Van 5. P.O. #21290A - EIS Support Services 6. P.O. #21292 - D. B. Microware ' B. Tax Refunds 1. Consider approval of a tax refund to Voertman's for $956.50 6. 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 #1307, 5.A.2. - Bid #1309, 5.A.3. - Bid #1310, 5.A.4. - Bid #1311) B. Consider adoption of an ordinance providing for the expenditure of funds Ear purchases of materials or equipment which are available from only one source in accordance with the provisions of State law exempting such purchases from requirements of competitive bids. (5.A.5. - P.O. #21290A) Co consider adoption of an ordinance providing for the expenditure of funds for purchases of materials or equipment which are available from only one source in accordance with the previsions of state law exempting such purchases from requirements of competitive bids. (5.A.6. - P.O. #21292) D. Consider adoption of an ordinance vacating a portion of a public utility easement recorded in Volume 8, Page 9 of the Plat Records of Denton County, Texas, (The Planning and zoning commission and the Public Utilities Board recommend approval.) E. consider adoption of an ordinance authorizing assignment pay for Fire Department employees in the classification Driver who are also assigned to perform the duties of Maintenance/Logistics Officer. I City of Denton City Council Agenda January 7, 1992 Page 4 F. Consider adoption of an ordinance providing for a change from one-family dwelling (SF-7) to two-family dwelling (2F) zoning district classification and use designation for 13,460 square feet of land located at the southwest corner of Fannin and Bernard Streets in the Hillside Addition to the City of Denton, Texas; and providing for a penalty in the maximum amount of $2,000 for violations thereof. Z-91-016 G. Consider adoption of an ordinance retaining the lawfirm of Henderson Bryant & Wolfe to represent the city of Denton in pending litigation. H. Consider adoption of an ordinance approving a release and settlement agreement for pending litigation between the City of Denton and Michael L, Corder. I. Consider adoption of an ordinance providing for amendments to Chapter 28 ("Building Code") of the Code of Ordinances establishing a plan review fee for one and two gamily building permits. (The Building code recommends approval.) 7. Resolutions A. Consider approval of a resolution assigning the city of Denton's authority to issue single family housing bonds to Denton County Housing Finance corporation and resolving other matters in connection therewith. B. Consider approval of a resolution authorizing the Mayor to execute an Escrow Agreement with Flow Regional Medical Center, Inc. C. Consider approval of a resolution authorizing the Mayor to execute an agreement between the Texas Municipal Power Agency and the cities of Denton, Bryan, Garland and Greenville for the administration of the contract for the sale of power and energy to the City of College Station. (The Public Utilities Board recommends approval.) r S City of Denton City Council Agenda January 7, 1992 Page 5 D. Consider approval. of a resolution :authorizing the Mayor to execute an agreement between the Texas Municipal Power Agency and the cities of Denton, Bryan, Garland and o Greenville for the administration of the contract for the sale of power and energy to the City of Bowie. (The Public Utilities Board recommends approval.) E. Consider approval of a resolution authorizing the Mayor to execute an agreement between the Texas Municipal Power Agency and the cities of Denton, Bryan, Garland and Greenville for the administration of the contract for the sale of power, and energy to the City of Bridgeport. (The Public Utilities Board recommends approval.) F. Consider approval of a resolution authorizing the Mayor to execute an agreement between the city of Denton and Denton County for ambulance service. e. Consider a motion on the proposed annexation of 67.92 acres located north of Ryan road on Forre.stridge Drive, and adopt a schedule setting the date, time and place for public hearings. 9. Miscellaneous matters from the City Manager. 10. Official Action on Executive Session Items: A. Legal Matters B. Real Estate C. Personnel ' D. Board Appointments 11. New Business This item provides a section for. Council Members to suggest items for future agendas. 12. Executive Session: A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S. B. Real Estate Under Sec. 2(f), Art. 6252-17 V.A.T.S. C. Personnel/Board Appointments Under Sec. 2(g), Art. 6252-17 V.A.T.S. w y City of Denton City Council Agenda January 7, 1992 Page 6 NOTE* THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO EXECUTIVE SESSION AT ANY TIME REGARDING ANY ITEM FOR WHICH IT IS LEGALLY PERMISSIBLE. C E R T I F I C A T E I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of 1991 at o'clock (a.m.) (p.m.) CITY SECRETARY ACC00026 p A u Agenda No, o~ ~Q~ r!~r<<_ , RAM Agenda item 7,11 We )--7-9x rig MECHANICAL, INC. hlechmirdl S rndusular Co+irrrcfors rnCLr M72oc nlrlsral dantiary 7, 19'12 4 Mayor Ca~l:ll!berrY L'1 Ly of fiontun 21 h. McKinnr.y t1LreEt Renton, TX 7G2O.t llr:;lr Mayor Carstloburry: 111 addUioil to proviour, corruspalldeilcvr for yowl' rnV.llrw ploane find the atLached documont "Affirmation of Wuulificr,tions° Osurcuted by thu under~iigned September 3r i9[37. Plearso note the h.ighliglitod pertinent language that clonr.ly statwi tho remedy concerning personal and husinosL' iilterwits of Board Plembr rli. Thum? are U-1e tel•ms under which Board member hip was offered by LI-9e City Council and accepted by the undersigned. Again, i havo unly oerved as asked, under the cond.itiins ;0; fiorWh by tL1e L'ity ULMCi.l. Yourn, very truly, CWi' ME.011ANICAL, INL'. I Ql; o 1) h 6. M Ll I ruy f:nt:Ior;tlres Piemborri of the City Cuunk:0 Lloyd 4. Ilarrellr City Manaclor llubril A. 1lraynvitcty City Attarlwy I "001 IVr •;T UNA11:1131TY 0111V1; UfiNTON,TL°X!S 76201 (0 17),70 in11,171n, 11tr; 1 1 ' ' \~\~1;1 Agenda h!o. 9~z. QC) l Agenda Ilan CUS/ R / Nis -L--LY-OL As a duly appointed member of the Plumbing & Mechanical. Cud(. Ifoarrl of Lhc City of Denton, Texas, I have taken the prescribed oath of office. I also hereby affirm that: f (1) I am a qualified voter of the City; (2) I am not in arrears in the payment of any taxes or other Il.chl.]..[Clc„ clue the City; If I shall be convicted of a felony during my term, I uudersl.and i,L ahall conutitute. cause for removal. I also haw: been made aware of Section 1-414, Article III (Rule, nud Proc.c(uren before Boards and Commissions) of Chapter 1 of the Code of Ordlnvrcc:; of the Cl ty of Denton, Texas, which provides: Quorum. A quorum for the traasaction of businens of a b>nr: r,1r.r.ll h,- inrr,joriey of the members appointed to ,aid board Vol;iog Re uired. No attending member of a board shall he cxcu ~-d or ;h,;1 I. ,Ihstai.ri 1'rorn voting on any matter before the board on which a vote 1., (;:rlJr,d ,r required except where a board member's personal iutere,t I:; involved. Whr-rr member's personal interest is involved, such member shall anuouncc suvh intro':+r r the r_omrnoncement of consideration of the matter and such member '111;01. nol rill, into discussion or debate on such matter and ahall abstain from vot[nl; I.ltcrruu. A member shall be considered to have a personal inLeresL in o marr.crn: whrncv-„ ,wy mal:ter before the board could or does affect the member's [financi. 1. lnLrrc:;o„ or those of a buniueas with which the member la associated. Ahnen_ceu_, ALL board members shall aLtand all. regularly ca7.14e(t ;wd sclie_rluh!d mcrIJngs oI the board of which he la a member. The unexcusrd abs m;cc r,:: any hu.,r,.i incillher from more than Circe (3) regularly called and scl;eduled rncetin};u ol: Llcr, bo:crd of which he is a member In any one year or lack of aLteudauce at 1.'9.I~1:v (50) prr:c(nt of the number of regular meetings in a year, unless such alr,:enee I!; th(: rc:in).L of pcr,onal or family illness or death, shall be coualdered ru; Phat town is used in nectlon 14.16 of the charter of the City of Denton, 1;r59, for r,•mova.l. of said member by the city council from such board. ltrtLrd Ch l., day of S NNfUI~I: 4 ~ S. I ,w~ V& 0 .ell , 4e, t r+ r r t 1-a- Y Ic T t ..COUNCYL ; x t is l_. =Z- t H a. oooaaoaaaapaaa~~ Ll~. 11 1 ,d _...i , v.. Olt-, y ~1 rx Agenda No. Agenda ilom_t) CITY OF DENTON MEMORANDUM DATE: January 71 1992 TO: Mayor and the City Council FROM: Lloyd V. Harrell, City Manager a SUBJECT: GTE OPTIONAL EXTENDED AREA SERVICE (EAS) SUMMARY AND RECOMMENDATION Two years ago, the City asked GTE to research the feasibility of expanding the local Denton telephone service area to include the metroplex. The hope was that our residents and businesses would be able to call other cities without having to use long distance. GTE included Denton in the rate and usage studies that were used to determine the costs and benefits of extending the Copper Canyon, Argyle, and Bartonville exchanges. The studies provided information on what it would cost Denton customers to have EAS with the metroplex on an optional basis. An initial meeting was held with GTE to discuss a City Council briefing. The following information was provided. • The EAS would be optional to all telephone customers. • The monthly cost of the optional service will be $30 for residential and $75 for business customers. This amount includes monthly local service. The service is expected to be available in the second quarter of the calender year. 0 The proposed extended service area will include: Lake Dallas, Lewisville, Carrollton, Coppell, Argyle, Irving, DFW Airport, Grapevine, Garland, Plano, Justin and Bartonville. • The city wouldn't lose franchise revenue from an EAS arrangement because the franchise tax applies only to local service and not long distance. If fact, revenue would increase due to greater. GTE local, service revenue. • Denton customers who sign up for the service would be required to change their phone numbers if they coincide with numbers included in the proposed EAS. Mayor and City Council GTE Extended Area Service January 7, 1992 Page 2. • Dallas and Fort Worth are not included in the metro EAS, since agreement hers not been reached with Southwestern Bell. 0 The City would be able to add the service to its Economic Development location advantages. Staff recommends that Council receive the report from Mr. Willis and then request staff to prepare a resolution approving the optional extended area service concept and authorizing GTE to offer it to the citizens of Denton. The resolution would be acted upon formally at the City Council meeting of January 21. BACKGROUND INFORMATION The Public Utilities Commission (PUC) has jurisdiction over the establishment of telephone service areas, These service areas, referred to as exchanges, contain telephone ;lumbers that can be reached using toll-free, local calling (not long distance). The Denton exchange includes the following prefixes: 381, 382, 383, 387, 565, 566 and 898, All can be called toll-free. When the customers of an exchange want to extend their service area to include other exchanges, they must request Extended Area Service from the PUC. The PUC works with the affected telephone companies to determine the costs and benefits of approving the extension. If the PUC approves the arrangement, the customers of the petitioning exchange must pay the total costs associated with the extension, including capital equipment and long-distance, toll revenue losses that result from the extention of the service area, The cost of EAS is shared if both the requesting and responding exchanges petition jointly to include each other in the EAS. if the responding exchange (i,e, metropl.ex) does not petition, then they receive the benefits of the EAS for free, For example, if we extend our service to include Dallas, Denton customers would probably end up "footing the bill" since it. would be difficult to gat Dallas residents to petition jointly and share the costs. Telephone exchange areas do not need to be contiguous in order to petition for EAS. Denton customers could request service to Dallas without having to include service to the Lewisville, Carrollton and Farmers Branch exchanges. All requeuts for extended area service must be considered by the PUC. In order to be considered, a request for EAS must. be initiated by at least: one of the following actions: r 4 Mayor and City Council GTE Extended Area Service January 7, 1992 Page 3 • a petition signed by the greater of 5% or 100 of the subscribers in the petitioning exchange. 4 • a resolution adopted and filed with the PUC by the governing body of a political subdivision provided that said governing body properly represents the exchange requesting EAS. • a resolution adopted and filed with the commission by the board of directors or trustees of a community association representing an unincorporated community. • an application filed by one or more of th^ affected utilities (i.e. GTE of Denton), Once a petition is filed, several studies court be done by the affected telephone companies, They are directed by the PUC to provide all information pertinent to their decision-making process. The first is a usage study to determine the number of calls and long distance toll revenue involved within the route being studied for both residential and business customers. The study looks at: • the number of calls, minutes-of--use and billed toll revenue. • a distribution of calling usage among subscribers, i.e. how many customers make 1 call, 2 calls, 3 calls, etc. • the number of subscriber accounts in service for each of the exchanges being studied. • tho distance between rate centers and the average revenue per message for the calls during the study period. In addition, a study of the anticipated demand for the requested extended area service Is conducted by the phone companies. The demand study shows how many customers will take the requested service at the additional .rate. The third and final study determines the changes in costs and revenues that may be expected to result from the requested extended area service. Specifically, the study considers: • the costs associated with existing call traffic which converts to extended area service traffic, plus the costs of handling the additional traffic:. • the increases and decreases in expenses resulting from the new service and the net effect on operating expenses. 'i Mayor and City Council GTE Extended Area Service January 71 1992 Page 4 • the direct costs incurred by the utilities in conducting the demand analysis • the effect on call revemie9 of providing the requested EAS. All this information assists the PUC in determining the costs and benefits of approving the arrangement. It alno helps the affected utilities in determining and recommending to the PUC the additional o dollar rate additive that will be paid by the customers of the petitioning exchange. The Extended Area Service rata additive is necessary to support the cost of the added servics, as well as to support the toll revenue losses that are sustained. Specifically, the rate additive will be assessed to recover the incremental cost of providing the service plus 108 of the incremental cost (as per PUC guidelines). In addition, service connection charges will be applicable, as well as a non-recurring charge to defray the direct incremental costs of the demand analyses. Prepared by: esu Nava, Jr. Ass stant to the Manager Approved by: L1 yd V. Harrell City Manager c r. - Mayor and city Council GTE Extended Area Service January 71 1992 Page 4 0 the direct costs incurred by the utilities in conducting the demand analysis 0 the effect on call revenues of providing the requested EAS. All this information assists the PUC in determining the costs and benefits of approving the arrangement. It also helps the affected utilities in determining and recommending to the PUC the additional dollar rate additive that will be paid by the customers of the petitioning exchange, The Extended Area Service rate additive is necessary to support the cost of the added service, as well as to support the toll revenue losses that are sustained. Specifically, the rate additive will be assessed to recover the incremental cost of providing the service plus 10% of the incremental cost (as per PUC guidelines). in addition, service connection charges will be applicable, as well as a non-recurring charge to defray the direct incremental costs of the demand analyses. Prepared by: esu Nava, Jr. Ass stant to the Manager Approved by; 1,1 yd V. Harrell City Manager I g; T~ ~CI~Y : f COUNCIL ~rt lop - .a - a x, 1 T ~}}t--+~}~O O ~t+ t' a *.-J ~~/.l~ *1• J~~„;" ham. ~ 4 I.FJ • ~ ♦ 1 ~ 1h ti 1-h l h~-} 1 + a l F.-,...a.1rt1- a l~-F - ,r , 3 S F Agenda No. _"10 -C)o Agenda Ilom_w S _ OlrY of DENTON, r8XAS MUNICIPAL BUILDING / 215 E. McKINNEY / DENTON, TEXAS 76201 MEMORANDUM 6 DATE; December 30, 1991 TO: Betty McKean, Executive Director MSED FROM: Thomas W. Klinck, Director Personnel/Employee Relations SUBJECT: CITY OF DENTON AFFIRMATIVE ACTION PROGRAM AND PROPOSED WORKFORCE DIVERSITY PROGRAM The purpose of this memorandum is two-fold: 1. to bring you up to date on the results and accomplishments of the City of Denton's current Affirmative Actj.un Program; and 2. to propose a new Work Force Diversity Program for 1992/94. Current Affirmative-Action Program in 1989 the City Council approved an Affirmative Action Program which included the following objectives: - Commitment to Affirmative Action Program - Internal Communication of EEO philosophy - External Communication of EEO philosophy - Special/Focused Recruitment and Selection - Supervisory and Employee Training - Monitoring Equal Employment Opportunity/Affirmative Action Accomplishments - Hiring and Professional Development of Targeted Individuals Attached is a summary of accomplishments in each of these areas. 817/566•81.00 D/FW METRO 434.2179 i Yr•'. ~r Betty McKean December 30, 1991 Page 2 ment statistics for the Denton County Labor based The current employ 1991 projections)s 1990 Force are indicated inu ng Ju yl 1'. These bereancentagereleas s, ed as by the et on the 1980 CensuSAotjon Census Affirmativeommissioaa (TEC)s not yjnt Emp y Table 1 Dento~ C°u t~-L°bor Force* Female ITotal_ c attegoX. 39% 90% 2% White 4% 2% Black 4% Hispanic 2% Other** - _ its 1 m labor force Commission basis which the1rCity vOf Denton area from *The Texas Emp Y projections on the would hire. **Includes Asian/Pacific Islander and American Indian. anization's minority work force has continued since 1.988, our org Labor Force to exceed the percentages of the entire Denton County in non-civil service positions. Table 1988, in mast areas, espPCially 2 reflects no and November, •E municipal workers for Fe rua. , 1991. Table 3 reflects C1 ,;-1 service March, 1989, municipal workers for the same months. Table 2 New-Cimil Service Munio~~al Wo__-kg s static ioa± .Feb. 1988 Sar.1989 Nov'- 1991 85% White 84% 844% % 5% Black 6% 8% Hispanic 8% 8% 2% 1% other** - *Percentages based on filled positions. **Incl.udes Asian/Pacific Icelander and American Indian. I l Betty McKean December 30, 1991 Page 3 Table 3 civil service Municipal Workers Statistics* Feb. 1988 Mar,1989 Nov, 1991 White 96% 96% 96% Black 1% 1% 1% Hispanic 2% 2% 2% Other** 1S. *Percentages based on filled positions. **Includes Asian/Pacific Islander and American Indian, Because of the restrictions placed on hiring by civil Service law and low turnover it is more difficult to have flexibility bringing protected class individuals into these positions (Police and Fire positions). However, we have been able to maintain the percentage of protected class individuals in these positions, Also included in the City of Denton protected class work force is the employment of females, Table 4 reflects the trend of total female and minority female municipal workers over the past three years. Table 4 Female Municipal Workers Feb. 1988 March 1989 Nov. 1991 Total Females 26% 25% 27% Minority Females 3% 3% 4% As you can see, an increase has occurred in the percentage of both total females and minority females employed with the City of Denton. ,y December 30, 1991 Page 4 Table 5 compares the racial make-up of total employees for 1980, 1983, 1988 and 1991. This table reflects that over the past 10 years the percentage of white municipal workers has decreased and the percentage of minority workers has increased. Table 5 Total Municipal porkers statistios* aoe 1980 1983 1988 1991 White 93% 89% 87% 87% Black 2% 5% 5% 5% Hispanic 4% 5% 6% 7% Other*4 1% 1% 2% 1% *Percentages based on filled positions. **Includes Asian/Pacific Islander and American Indian. Attached also are two charts of Affirmative Action Analysis by EEO/AA Category and job group. Attachment A outlines the work force in 1988 and Attachment B reflects the current numbers. A 4% Increase in minority workers has occurred in the past two years. These increases have occurred specifically in the executive job group, technical/paraprofessional job group, and office/clerical job group. The number of females in the City of Denton work force has also increased by almost 13% from 1988 to present. During this same time period, the total City of Denton work force has increased by only 7%. 1992-94 pork Foroe Diversity Plan Reoo=enda ions The City of Denton has continued its commitment to Affirmative Action over the past two years and efforts continue to improve in this area. The term "Affirmative Action" has been interpreted to focus on race and gender only. Over the next two years it is recommended that we relabel "Affirmative Action" to "Work Force Diversity" to be clear that we continue to encompass all other protected class groups. However, we would like to stress that Affirmative Actions principles will continue to be emphasized. The federally protected class areas include: - Race - Gender - Over 40 years of age - Vietnam Veterans - Disabled i y Orr V a Betty McKean December 30, 1991 Page 5 The newest legislation affecting employment is the Americans with Disabilities Act (ADA). The City of Denton does not currently have a system in place to capture data on disabled employees. However, based on observation and/or knowledge it is estimated that approximately it of current City of Denton employees would be protected under this act. A new plan to encourage and improve the City of Denton work force diversity is being proposed for the years 1992-94. Each department in the organization was asked to develop individual " departmental plans to reflect their commitment to affirmative action and work force diversity. The common objectives have been compiled to arrive at an organizational work force diversity plan. The general areas of commitment (goals) include: - Recruitment - Analysis of Information - Internal Communication/Education - External Communication - Internal Development - Community Involvement Attached is an outline of specific common objectives within each of these general areas. The numbers represented in this document reflect the City of. Denton's commitment and success toward a diversified work force. However, it is important to continue to intensify our efforts in bringing these percentages up as our protected class population and labor force in Denton and Denton County Increases. Work force diversity gives us the opportunity to truly exhibit the City of Denton's commitment to be an equal opportunity employer and allow employment opportunities to qualified individuals who are protected under federal law. I am pleased to report the City's success as an organization for results in Affirmative Action. I am also excited about our departments' commitment to hire and promote individuals regardless of race, gender, age, disability status or other protected right. The organization, as a whole, has demonstrated not only a commitment to work force diversity, we have fulfilled the true spirit intended by the law. Thomas W. Klinck wp Attachments AAA00197 c t CITY OF DENTON AFFIRMATIVE ACTION PROGRAM Summary Of Accomplishments I. COMMITTIKENT TO EEO/AAP -City Manager letter to employees and community -Special, targeted placements of minorities and females lI. INTERNAL COMMUNICATION -EEO/AA posters and information on Bulletin Hoards -Updated Manuals to Department Directors and Division Managers; new managers within 30 days -Special meetings with managers and supervisors - re-orientation III, EXTERNAL COMMUNICATION -Special articles in Denton Record Chronicle and employee newsletter on successful City minorities and women -Letters to community organizations, schools, churches, etc. on commitment to EEO/AA - annually -EEO/AA in advertising and contracts and leases -EEO/AA policy to subcontractors, vendors, etc. - annuall} IV. SPECIAL/FOCUSED RECRUITMENT AND SELECTION -Special emphasis on minority and female: recruitment sources, participation at Sob fairs, community presentations, etc. -Special recruitment trips to predominantly female and minority universities and schools -Orientations for entry-level Civil Service examinations -Improved application procedures - apple more than one position -Developmental Tracking program 1'. SUPERVISORY AND EMPLOYEE TRAINING -New Employee Orientation - special emphasis on AAP/promotional opportunities 1 ,a y it 16. -Selection Interviewing Workshop -Customer Service Workshop -EEO Awareness Workshop -Effective Listening Skills Workshop -Harassment Prevention Training (all employees and managers) 4 -Special Sensitivity Training Workshop VI. MONITORING EEO/AA PROGRAM ACCOMPLISHMENTS -Manager and Supervisor section in Performance Evaluation -Progress reports/evacuation by Executive Committee - annually -Progress reports/evaluation to Managers and Supervisors - semi- annually -Regular updates to City Council -Department Affirmative Action Program - individually designed and developed programs -Meetings with Managers and Supervisors to review department's status on minority and female hiring practicac. vii. HIRING AND PROFESSIONAL DEVELOPMENT OF TARGETED INDIVIDUALS -Executive - 2 -Management/Supervision - 3 -Senior Professionals - 6 -Professionals - 1E -Developmental Tracking - 2 -Police - 3 -Females placed in traditionally male positions - 2 91aa~esl,prn 12/9•'91 -2- I ti IY101 d0 % xaE•f! %6E•0 %4640 xel 9 %lE•E %0,0,9 _ %9Z'0 %EI.O %LI.1 %6D'l %94'ZZ -11----- rl----- II.._-_:- ii " -----r' L60' if ILL _ 1+^- 9Z ii ===-"rr___-- " - rr E4 ii ELI ii EL9 ii 04 VOL IVl rr ii Z ii l " b ii_--°-II -----ii-----ii-- ii -----II-- II- it O .-_I+--r__~i-'---ii-_-__,I I1- ~i- II ,1 it 32iI~1 4 It ii It ~i 98 1~ 98 of of 11 14 go I' ii 11 99 i1 I If 11 I, I 11 11 II " 11 ii ii ir, r III t ii 11 if it 11 " it 9L II tl6 1.1 1 1 30II0d rr Ir Ir " ii " " Z ii Z ii ( II II ii E9 I 1 1 It I, i` i i i i If 04l i i 1NTVN/A113S 1 If It it r' It t it 11 If i+ 4Z I I 4 l I 68 I It 1 ii ii ll ii 8Zl it if it ZI if It it ii 11 If 6 2l310/30Ijd0 II 911 ii ii Z ii rr 9 ii 6 ii ZOl it I+ at it II +I 11 1' B YL4 118d"Vd/NH031 II II ii ii it ii YI ii 094 11 ii it so 09 ii E9 ii Ad41S/1WON It 6 ii Y9 it II II 41 II II II 9 ii LZ ii lL i11VN0ISS3A0lId It z ii E LE 11 If If t1 bl ii 91 1+ 3AI1f103X3 ~E +I 11 +r r' ~i II I+ " ii II 11 rr II 11 II " II I' " I+ 11 l II E II 1r1 II II 11 of it is „ II II " „ II " " II 11_ "------I' f rl l II - II 11 'r 11 II 11-.._ ~~-__--r +••--..-,y 11I _ N II 03 d df10b0 11 " ii HO II ~i „ lII II ---ii-----ii- _--11 -11 ~i----- it II „ ONI i aor i~ SOd II 31YM , 1 I 1 3lYN3d41 ii ONI i+ +0 NNO NY II NSY -US- it NSY ii HdS 11 NIS ii 1HM II 1Vi01ii ?J10 NY i i IV1.Ol is a10 1 ' ii II I' ---------------rr----r---.r_r..~--..--rii-.. 31YN 11 II -----------r 31YN3d II 8861 '6Z Ajanjg9J dnONO 80r ONY Aa0O31Y0 VY/033 As 88/6Z/ZO SISAIYNY N0I10Y 3A1IYWNIAJY 4~IM'gv0~pawa NOIN30 d0 A1I0 aadata6.wk1 CITY OF DENTON 02/29/88 AFFIRMATIVE ACTION ANALYSIS BY EEO/AA CATEGORY AND JOB GROUP February 29, 1988 MALE FEMALE ti+ 11 ll---- - 11•• JOB POS WHT BLK SPN ASN AM OTR ;;TOTAL WHT BLK SPN ASN 0,, „ OTR ;;TOTAL GROUP ::FILLED:! ORN IND MALE ~i it fit ORN 11 ii IND ii :'FEMALE 1 1-....,.° I I I I 1 1 1 1 r l I/ 1 1-°__ f t 1 1 I I I I 1 1 I I I I I I 1 1 I I I I I I`-- 1 1` 1 1 1 I 1 1 1 1--`•" 1 f l 1 1-"--- 11 It II fl II 11 II IF If 11 11 11 II 11 It 11 IV II 11 If II II If 11 11 II 11 11 11 11 EXECUTIVE H 18 „ 14 ii ii 14 If 3 11 1 ff If /I rf 11 11 Ir 11 f1 al ff 11 4 fl II If II II 11 It 11 II 71 11 11 II 11 If 11 II If 11 II fl II 11 11 11 11 11 ~1 11 11 PROpESSIONALii 71 ii 27 ii IF 6 of 10 ii 37 ie 213 ii 3 ii 2 of ii 34 I I It 11 11 11 II If 11 II II II 11 II Ir If 11 11 II 11 If 11 of MGMT/SUPV ii 83 ii 60 4 ii H 11 it 64 ii 9 if ii ii It ii H 9 II 11 II II fl 11 11 If If 11 II 11 11 11 11 fl II II 11 /1 It 11 11 11 II 11 11 If 11 11 TECHN/PARAPRii 174 ii 146 ii 4 ii 9 ie 2 :1 180 ii 14 ii o11 If 11 f 11 to ii Ili 14 II 11 11 11 11 11 II II 11 to 11 11 11 11 11 11 11 11 II 11 11 11 II 11 IF to 11 11 to 11 OFFICE/CLER it 129 ii 9 ii 1 ii 1 H ii ii ii 11 „ 102 ii 9 ii 6 ii ii 118 II 11 11 II II II II IF 11 11 11 11 11 If 11 II rl 11 II II 11 to to of 11 11 11 11 11 if SERV/MAI.NT „ 140 ii 89 ii 14 ii 24 128 ii 11 ii ii 1 ii ii of ii 12 II II 11 II rl II 11 11 II II fl 11 Il II 11 ,.C II 11 11 11 fl II If 11 11 II II 11 II 11 fr POLICE it 90 If 78 ii 1 ii 2 ii Ire 2 ii ii 83 :'1 8 to to if T 11 II II II II If 11 II If to II 1•I 11 11 11 11 II 11 /I 11 11 11 11 II II 11 11 II II 11 FIRE ii 88 ii 86 I11 f of 1 H ii 88 ei to of If it 11 11 11 11 11 to of II II 11 11 11 11 1! 11 II II 11 11 rl 11 11 11 11 11 II II 11 II 11 I I---...._ 1 1 1 1 1 1 __......1 1 1 1 1 1 I I - 1 1-,___•, I f 1 1 I I 1 1 1 1..--..«- fl II 11 II" II 11 II Ifs /1-`~`~ 11 11 11 11 11 11 TOTAL 771 497 ii 26 40 ii 7 ii 3 673 „ 173 „ 13 ii 0 ii 1 ii 2 ii ii 108 i=O°°~to It, :c2 % OF TOTAL 1184.,8%113.37%116.19%110.91%110.39% 74.32% 22.44% 1.89% 1.17% 0.13% 0.28% 26.00% I:; r A !n n I' aadata6.Wk1 CITY OF DENTON 12/03/91 AFFIRMATIVE ACTION ANALYSIS BY EEO/AA CATEGORY AND JOB GROUP November 16, 1991 II FEMALE MALE " I: --------------------------TR jj II tlI ASN AM OTR ;:TOTAL JOB POS WHIT 8LH SPN ASN ii AM OTR TOTAL WHIT ii BLN :i SPIN I FEMALE GROUP 11FILLEDI,I I 11 " ORN IND MALE ii- ORN IND II +I 11 II______+I II II ie-----ii-_-'-ii--"'_' 11 tl 4 EXECUTIVE ii 22 ii 16 It 11 II 11 11 11 It 1j 11 11 II 30 6 2 39 31 4 ii 11 li It tl 41 rt II PROFESSIONAL;: 80 :i 2 " " II " ie' tt II II 11 11 11 " " 11 11 II 1' b6 8 MGMT/SUPV 63 II 51 II 4 11 :I II 11 11 41 to It " 83 :1 '1 1 11 11 It 20 tl 18 11 1: ei TECHN/PARAPR:i 183 147 11 6 II 9 tl 2 " it 1 12 116 is 10 9 136 OFFICE/CLER 147 11 11 1 it 11 " 11 11 II II 11 " 11 1 If " " $ 11 II i~ II 11 1 II SERV/MAINT :I 7 II II 11 148 103 11 11 II 26 140 ~i 11 I II 11 II II tt :i 6 J POLICE 98 86 2 3 2 it 92 ~i 6 :i to to of I II It It II 11 II II II II II II 11 11 It 11 " " 84 I: to to 11 G FIRE I: 84 84 11 11 li 11 11 111 1 11 " II It I I I I 1 1 1 1 I I 11 I I 0 802 196 1 1 1 1 __.._..1 1 _..--1' 1 1 11 If t1 II II 11 II II II If 11 16 ii 12 11 0 II G 0 223 _ 11 TOTAL li 826 627 26 43 b 2 % OF TOTAL 63.88% 3.03% 6.21% 0.81% 0.24% 0.00% 72.97% 23.64% 1.94% 1.46% 0.00% 0.00% 0.009 27.03% +'A 4% increase in minority workers has occurred in the peat two years. a iy 1992-94 WORK FORCE DIVERSITY PROGRAM Recruitment The proposed workforce diversity program includes the following recruitment efforts to help increase the number of qualified protected class individuals attracted to our organization, a Develop department specific yob opportunity announcements. This would help prevent artificial barriers from keeping a protected class individual from expressing an interest or applying for a position. - Target minority _and female universities and schools. Recruiting efforts are already occurring at universities and other schools that have predominantly minority and/or female population. This has been successful in selling not only our organization as a great place to work, but also Denton a great place to live. We plan to continue these efforts and seek other schools that would be effective in attracting qualified protected class applicants. - special orientation sessions for civil service positions will be conducted to inform all Civil Service employees of the workforce diversity policy, orientation sessions and tutorial sessions will also be offered to Civil Service applicants to familiarize them with the test taking process and possibly increase the number of protected class individuals at the top of civil Service eligibility lists, - Mail job openings to minority an~9 femalf; organizations, This effort has been successful so far. The goal is to continue to increase the number of class individuals notified of job openings. - Increase use of university and high -school interns, Education and awareness are very crucial. to the enhancement of workforce diversity. Using interns can help train students and introduce them to possible position opportunities for the future, Since this program has been successful to date, the goal is to expand and increase the opportunity to benefit more. Analysis of lnformatipn Department heads have determined that analyzing available information is essential in determining factors involved in maintaining employees and allowing opportunities for growth, The following includes some of the information to be analyzed. t t~ 1992-94 Work Force Diversity Program Page 2 - pyevv.ew reasons for turnover to see which common factors exists (for example; salary, career path, etc.) and determine retention strategies. - Applig~nt tracking/applicant flow. Analyzing applicant data can help determine information such as the diversity of the applicant pool and where recruiting efforts have been effective. - Evaluate transfer and Promotion practices to allow o opportunities for employees to grow in the organization and to ensure no artificial barriers exist. Administer em levee skills inventory. Many employees have a variety of skills that can be used in various positions throughout the organization. Knowing that these skills are can help target individuals for training and growth in the organization for different types of positions and allow more opportunities for growth of protected class employees. DeyelM.dep_artment exit interview._proarams. Along with the overall city exit interview program conducted by the Personnel Department, an additional exit interview program would be set up in each department. This will allow Department Directors the opportunities to gain first-hand feedback about their operations from exiting employees. - Ensure iob reauirements ddo not create artificial barriers. When evaluating department job opportunity announcements and job descriptions it is essential to ensure they do not unnecessarily eliminate a protected class person from applying for a position. The regulations of the Americans lth Disabilities Act (VA) also puts an emphasis on this area. Internal Communicatlat1Education A very important aspect to maintaining protected class individuals in the organization is through communicating the City's philosophy on work force diversity and educating employees about different cultures. It is also important that protected class individuals know a system is in place to voice their concerns if they feel they are not treated fairly, Below are the common objectives set forth for 1992-94. - Communicate Work force Diversity Pro rams and. owls to all employees to ensure they are aware of the City of Denton's philosophy about workforce dive;rs.ity. it is also important to solicit the help of all employees exemplify this philosophy. I I, 4v 1992-94 work Force Diversity Program Page 3 - Workforce diversity issues, both organizationally and gloLally can also be done through workforce diversity, topics/articles communication to employees. - The ppen Door Policy will be encouraged to be used in order that employees can inform managers /supervisors of perceived problems in the organization. a - A key factor in maintaining protected class individuals is through career Opn~ortunity development. Career development can be achieved through communicating available position opportunities and providing training to reach those interested. - Along with training and informational opportunities "in house" recruitment would be promoted by supervisors. Through "in house" recruitment, employees are given the opportunity to apply for positions with competition being only with other City of Denton employees and not the general public. This also promotes the feeling among employees that supervisors want to encourage career growth. External Communication Special articles to newspapers and other publications to inform the community of the City of Denton philosophy and commitment to work, force diversity. When possible, feature success stories of protected class individuals. --Le 'ere to the community and prote3ted class organizations of the City of Denton's commitment to work force diversity. - Communicate City of Denton's philosophy and commitment to work force diversity in contracts and leases. - Furnish copy of the City of Denton's polio o 0 al em lovment and affirmative action to al'._ subcontractorst vendors, eta, Internal Development An important aspect of maintaining protected class individuals is to offer continuing training and development opportunity for career advancement. The following points are suggested goals for internal development. I y 1992•-99 work Force Diversity Program Page 9 - Provide de e opmen:al tracks to help provide training and experience for employees o aThis would the minimum qualifications for a position. potential for career advancement. - Encourage continuing advanced education through the tuition raimburse~ent program. -`Crops-train within departments to increase opportunities for career growth. R Community Involvement As in recruiting, at targeted universities and schools, community F ',,nvolvement informs potential applicants of career opportunities with City of City ofgDent n's Dcommitme t to workforce diversity pDepartments have agreed the following goals would be effective in this commitment. - Become more involved in-protected class r anizat:io s roUs to increase the resources in attracting 93 class individuals to the organization. - Inform community leaders o_ f pgsition openings so they ecareer in turn communicate to possible qualified applicants opportunities. This will also give the City of Denton an opportunity to inform community leaders of our commitment to workforce diversity. - Enhancement of positive community relations an communications will encourage protected class applicants to consider the City of Uentoas a potential resourceltoeidentify will also give us an opportunity ways to improve workforce diversity. other Legislative also mandate'~anaemphasis Act t (A DA) A) and the on the city of Denton to be a non-discriminatory employer. Inteernal Is51 es An analysis was also done to evaluate not only where we stand in numbers, but also the organizational philosophy/attitude. Some recommendations have also been suggested internally to help improve. I { !s 1992-94 Work Force Diversity Program Page 5 - Re-evaluate current members of the Affirmative Action Advisory Committee. Look at the demographics of the group to ensure a good representation of protected class employees and supervisors who can promote the "attitude of acceptance" for work force diversity. Recommend possible changes in membership or rotation of terms. a - Promote diversified representation on all employee committees to encourage and promote positive interaction among employees. Establish ending term dates for rotation of committee members so different interactions and ideas can ! occur. - Provide training to help employees promote into higher levels positions. Also inform employees of outside training programs which may be available on their time. - Survey organization to identify current disabled employees and develop a system to continue to capture that data. -Develop and implement policy concerning Americans With Disabilities Act. - [Encourage cultural events and promote cultural differentness among employees (i.e. feature articles in newsletters). Research feasibility of providing multi-cultural awareness programs for all employees (i.e. program sponsored by the University of North Texas). Work with managers and supervisors who have attended sensitivity training to develop ideas in promoting, positive work force diversity attitudes. AAA00197 µ i._. CITY COUNCIL kr - - - - - - I t 1- - - A 4-111, 1H -F t emu: oQflO~c~OV ' 4. Lo i r+ 1 w tk-- r,~,pOpYro ~,1.~.~~'-`i: . , tl- Aoend;% No, r npCnda ISr,+r,~-~-I-- Q Wte CITY of DENTON,TEXAS MUNICIPAL BUILDING / DENTON, TEXAi 76201 / TELEPHONE (817) 566.8307 - - -Office of the City Manager MEMORANDUM a DATE: December 26, 1991 TO: Lloyd V. Harrell, City Manager FROM: Rick Svehla, Deputy City Manager SUBJECT: Review Comments on U. S. 77 from I-35 to Sherman Drive The Highway Department: has forwarded their latest schematic drawings to the city for our input. They have asked us to review these as soon as possible so that they can forward them on to Austin. Thus we can continues the forward progross of this project. You may recall that council passed a Minute order dated January 27, 1988 whereby the City agreed to help fund and acquire right of way for U. :i. 77. In 1985 and 1986 the City passed two bond issues and has money available. The money became available after the issues were passed, council had appropriated a little over $600,000. for Locust Street; between University and downtown and about $350,000. for Elm Street between Eagle and downtown. Shortly after the bond issues were passed, the Highway Department completed major rehabilitation work on both of these sections of road. Consequently, when the Minute order offering to rebuild and widen U. S. 77 was forwarded to the City, the Council thought it was a very worthy project. The 191 committee concurred and the City agreed to furnish $1,000,000, for construction and provide the needed right of way for the project. Council may recall that there was discussion then about possibility of a one way co.plet on Elm and Locust Streets from Sherman Drive north to F.M. 2164. The Council at that time felt that was a reasonable solution, and could be supported if that was the recommendation of the Highway Department. With the approval of the Minute order the State continued to move forward on the project and, in fact, Council was successful in getting a number of people to agree with the appropriateness of the project. In fact, Texas Instruments has not only pledged the additional right of way needed but also $500,000. There were other owners that indicated that this project was one that would certainly be of benefit to them and the City of Denton. The State !i has now moved to a point of providing us with preliminary schematics and right of way drawings. Tuesday night we will review these in detail with the Council. We see three major areas that we will need direction from the Council on. Those are: . the intersection of Bonnie Brae, . the intersection of Terlingua./Riney Road, . the intersection of Riney Road. Staff is proposing significant changes in the locations of these crossings and how they will actually work. Wa think they will provide maximum access to all the landowners and homeowners in the area, while at the same time providing the safest traffic movements and access to U.S. 77. We have these plans on hand now and we would welcome any Council Members' questions or desires for further information. Otherwise, we will be happy to entertain a questions by you or the Council at the meeting on Tuesday evening. Please advise us of any additional information you might need. Rick Sveh Deputy City Manager AMMOOOA0 RS:ss A ;i v .J 4 1988 CITY MANICERSTOFF CE COMMISSION STATE DEPARTMENT OF HIGHWAYS ENGINEER DIRECTOR ROBERT H. DEDMAN, CHAIRMAN AND PUBLIC TRANSPORTATION R. E. STOTZER JR. ROBERT C ZANIER P. O. Box 3067, Dallas, Texas 75221-3067 - PAY STOKER. JR. February 2, 1988 a IN REPLY REFER TO Highway Commission Minute 86816 City of Denton Mr. Lloyd V. Harrell City Manager City of Denton 215 East McKinney Denton, Texas 75201 Dear Mr. Harrell. Attached is a copy of the above mentioned Minute Order dated January 27, 1988. This Minute tenders certain provisions to the City of Denton and also lists certain provisions the State Department: of Highwaya and Public Transportation will carry out regarding improvements to U. S. Highway 770 from Interstate Highway 35 north of a~nton southeast to U. S. Highway 380. Upon acceptance of the provisions of this Minute Order by the appropriate officials, the State Department of Highways and Public Transportation will proceed with the actions enumerated therein. it is further stipulated in this ?Minute that it is subject to acceptance within ninety (90) days of the dat: of the Minute. Please forward two (2) certified copies of the resolution, passed by the Denton City Council to this office upon acceptance of this Minute. sincerely, /,;;I~Q Arnold W. Oliver District Engineer Attachment ry es tt STATE. DEPARTMEP urnsn,revc AND PI.TLIO TFARSPORlt 1i;;~;ws CFf;~Cil Co.r,ty MINUTE r)i51iK1 No IS $gFar(? I I; ORDER I Q FEB Dstrict DALLAS (11' Oaitas. Texas RECEIVED WHEREAS, in DF11T0P1 CCUHTY in the City of Denton on U. HICHWAY '77, from Interstate 'iFf ay 35 north of Denton southeast to U.S, Highway ?80, a distr:nce of approximate?y ';,7 mites, a reccnstructior prc4ect is required; and WHERFAS, the City of Denton has offered to provide one h=rfrEl percent of the cost of ric*ht of way and utility ad!ustreents and hair , offered to provide ;1,000,000 toward the cost of construction; and WHFREAS, this project qualifies fcr the 19538-02 urban Fystem Procram (Non-Major Urbanized Areas) approved this date Ly State Hiehway and Public Transportation Ccn mission action; NOW, THEREFORE, IT IS CRCERFD that the Frain; er..Directcr is directed to tender the fcllowina proposal to the City (;I' Denton; Provided the City or Denton will; 1. Prcvtde one hundred percent of the cost of right of way clear of obstructions and free of cost to the State with acquisition procedures to be in accordance with policies of the State Department of Highways and Public Transportation and with applicable federal and State laws governing the acquisition policies for acquiring real property, 2. Provide one hundred percent of the cost of utility adjustments as may be required in accordance with policies of the State Department of lllghIeays and Public Transportation, 3. Provide $1,000,000 toward the cost of construction. A r i a~ STATE DEPARTMF,t1T OF HIGHWAYS AND PUBLIC TRANSPORTATION ,y LStITOt! ____,_County KTNUTE ORDER Pave 2 Cr District tlo. DALLAS (18) 11. Provide for the cost of construction of continuous _urb and gutter, storm sewers, driveways and sidewalks, etc. in accordance with applicable veverninc_ policies Ind resulati,^ns of the State r':epartment cf V!rhways and F,rtl Transportation. 5. Upon canpletien of the construction or this prc.4ect, 4 maintain that portion of the work which is Its responsibility in accordance with federal and state requirements, and w r^e to regulate traffic and prev^nr, encroachment on the right of way, all in accordance wits; governing policies and regulations of the State Department of Highways and Public Transportation, The State Department of 111phways and Public Transportation will: i. Provide relocation assistance as may be determined to be eligible under the Relecation Assistance Program. 2. Provide for reconstruction. Na.ntain that portion of the work which is its responsibility In accordance with present maintenance agreements, S~ i STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION CE1'TCN County MINUTE ORDER Page ? of pave District No,_ DALLAS (18) Upon acceptance the r City of Penton, IT IS ORDFREDthat vthe cEnrineeriDirector is Order to prcceed in the most feasible and economical manner with prejeot development to include any necessary agreements, right of way acquisition, utility adjustments, relocation assistance and reconstruction at an estimated cost to the Department of €5,1?6,000 to ° be funded from the 1988-92 Urban System Program (Non-ajor Urbanized Areas). This Order shall become cperative upon acceptance by the City of Dentcn; and if net accepted within 120 days of the date hereof, the action herein contained shall be automatically canceled. Submitted by Examined and recamnended by; Title Administrative ssistant Approved Deputy Director - Engineer-Director Minute Number 86816 Date Passed JAN 27 88 r ~.1 r r, NOV 1, RECD CITY OF DENTON OITY MANAGERS FFI TEXAS DEPART IE\'T OF 1'RANSPOR-I-XI7ph' 2624 W. Prairie, Denton, Texas 76201 November 13, 1991 a Control: 0195-02-040 Highways US 77 From IH 35E To US 380 ; County: Denton Mr. Gloyd Harrell City Manager City of Denton 215 E. McKinney Denton TX 76201 Dear Mr. Harrell: We are providing for ,our review and comments the preliminary Environmental Assessment (EA) and Design Schematic for the above section of US 77. Your comments will be considered prior to submittal of the EA and Schematic to our Austin office for preliminary approval. This project will require a Pubiic Hearing and this hearing will be scheduled after preliminary approval of the EA and schematic i.S obtained from our Austin Office. Based on an estimate of review t~yne and scheduling requirements for a public hearing, it is anticipat that the actual hearing will. be held in 6 to 9 months. Please contact this office if additional information or clarification is require. Sincerely, 7 '21/ Dwight S. Bird, P.E. Resident Engineer jtj An Equal Opportunity Employer 1i U.S. 77 FROM: I.H. 35 TO: U.S. 380 " Denton Counties ,:1~0 CONdROL: 0195-02-040 e, U.S. DEPARTMMI OF TRANSPORTATION EDERAL HIGHWAY ADMINISTRATIM AND TEXAS DEPARIVEN'f OF HIGHWAYS AND PUBLIC TRANSPORTNI10N MARCH 1991 ti I~ ~i TABLE OF CONTENTS PACE 1. PURPOSE AND NEED FOR ACTION 1 A. PROJECT LOCATION, LnLllTS AND LENGTH 1 3. EXISTING FACILITY AND LAND USE I C. TRAe IC PROJECTION AND CAPACITY I D. HORIZONTAL AND VERTICAL ALIC,NIIENT 2 E. PROPOSED TYPICAL SECTIONS 2 2. RIGHT-OF-WAY, ACCESS CONTROL AND UTILITY ADJUSTMENTS 3 G. COST OF PROJECT 3 H. LOCAL GOVERNMENT SUPPORT 3 11, ALTERNATIVES 4-5 III. POTENTIAL SOCIAL, ECONOMIC AND ENVIRONMENTAL EFFECTS OF THE PROPOSED ACTION 5 A. REGIONAL AND COMMUNITY GROWTH 5 B. ECONOMIC IMPAC2 5-6 C. CONSERVATION ANA PRESERVATION 6-7 D. PUBLIC FACILITIES AND SERVICES 8 E. COMMUNITY COHESION 8 F. ITEMS OF SPECIAL NATURE 8 G. AIR, NOISE, ANT) WATER POLLUTION 8-11 IV. DETERMINATION OF ASSESSMENT 12 APPENDIX FIGURE 1 PROJECT LOCATION MAP 13 FIGURE 2 LAND USE MAP 14 FIGURE 3 EXISTING TYPICAL SECTIONS 15 FIGURE 4 PROPOSED TYPICAL SECTIONS 16 TABLE I NOISE ABATEMENT CRITERIA 17 FIGURE 5 TYPICAL SOUND LEVELS 18 FIGIM 6 LOCATION MAP FOR SOUND RECEIVERS 19 TABLE 2 dB(A),Leq(h) FOR NOISE RECEPTORS 20 R z 1 I. PURPOSE AND NEED FOR ACTION A. PROJECT LOCATION, LIMITS, AND LENGTH The proposed project is within the corporate boundaries of the City of Denton, Texas, The limits of the proposed construction and the study limits of the environmental assessment are from Interstate Highway 35, north of Denton, to U.S. 380. The length of the proposed project is , approximately 3.67 miles. Figure 1 shows the project location and limits. B. EXISTING FACILITY AND LAND USE r Existing U.S. 77 from I.H. 35 to Sherman Drive (approximately 3.59 miles) is a two-.lane roadway with open drainage ditches. The one block section from Sherman Drive to U.S. 380 is a one-way couplet with E.1m Street serving the southbound traffic and Locust Street serving the northbound traffic. This one block length is a curb and gutter section with drainage provided for by a storm sewer system. See Figure 3 for the. existing typical sections, There are seven major intersections and several minor intersections within the project limits. Land use along this section of U.S. 77 is primarily residential, commercial, industrial, and agricultural (see Figure 2). The southern portion is presently developed as residential and commercial. The northern portion is presently undeveloped with the exception of a Texas Instruments Plant located betweL-u Bonnie Brae and Riney Road and a truck stop located at the I.H. 35 intersection. C. .7,WFIC PROJECTIONS AND CAPACITY The average daily traffic volumes are estimated to be 5,508 vehicles per day (VPD) for 1993 and 10,960 VPD for the design year 2013. This is a projected 99 percent increase in traffic. This data is based on traffic volumes from the 1989 Traffic Map prepared by the State Department of Highways and Public Transporta ion and the composed growth rate equation ADT - P(1 + i) with P = present traffic (4,800 vpd), i = growth rate (estimated at 3.5%), and n = number of years. Currently the existing facility is experiencing congestion at peak hours at I.H. 35, Sherman Drive and U.S. 380 intersections. Without improvements, this facility will become heavily congested by the year 2013. Based on the proposed improvements, traffic will be adequately provided for thru the year 2013. -1- I fS D. HORIZO14TAL AND VERTICAL ALIMENT 'The section of U.S. 77 from I.H. 35 to F.M. 2164 will be developed along the existing horizontal alignment. The proposed centerline within these limits may be shifted at several locations to minimize the impact on developed property. The section from P.M. 2164 to Sherman Drive is proposed to A be developed as a one-way couplet utilizing Elm Street (existing U.S. 77) and Locust Street. Elm Street will be improved on its existing horizontal alignment and Locust Street will be utilized without improvements. The one block section from Sherman Drive to U.S. 380 will be improved on its present horizontal alignment. The proposed vertical alignment will generally be lower than the existing roadway grade. This grade will be set as required to allow for drainage of adjacent property into a storm sewer system, E. PROPOSED TYPICAL SECTIONS (See Figure 4) 1. Section from T.H. 35 to F.M. 2164 This section will be improved to a four-lane divided curbed section with a 38 foot raised median. This median width will provide for future widening to a six-lane divided facility. 2. Section from F.M. 2164 to Sherman Drive Elm Street (proposed southbound U.S. 77) will be improved to a 40 toot wide curbed section. A Locust Street (proposed northbound U.S. 77) has been improved by the City of Denton to a 37 foot wide curbed section. It iv proposed to utilize Locust Street without additional improvements. Elm Street and Locust Street will be operated with two thru lanes with parking permitted but controlled as required to provide turning lanes at intersections as the need dictates. In the future, Elm Street and Locust Street could be operated with three thru lanes with parking prohibited. 3. Section from Sherman Drive to U.S. 380 Elm Street and Locust Street will be improved to a 40 foot width to provide for threE lanes. -2- E ~i F. RIGHT-OF-WAY, ACCESS CONTROL, AND UTILITY ADJUSTMENTS 1. Right-of-way The existing right-of-way width varies from 50 feet to 85 feet, The portion of this project from I.H. 35 to F.M. 2164 will be constructed on a minimum of 120 feet c.:: right-of -way, The section on Elm Street from F.M. 2164 to U.S. 380 will be constructed on a minimum of 60 feet of right-of-way. The section of Locust Street from F.M, 2164 to Sherman Drive will not require additional , right-of-way. The section of Locust Street from Sherman Drive to U.S. 380 will be constructed on a minimum of 60 feet of right-of-way. Approximately 18.1 acres of additional right-of-way will be required for construction of this project. 2. Access Control Access is controlled on the existing facility to the extent that driveway permits are issued by the City of Denton. This same control will be maintaineu on the proposed facility. 3. Utility Adjustments The existing utilities in conflict with the proposed construction will be relocated. These relocations will be accomplished with a minimum of impact to the public and without significant interruptions of service, G. COST OF PROJECT Estimated Construction Cost - $6,136,000 Estimated Right-of-Way Cost - 1,250,000 Relocation Cost 0 Estimated Utility Adjustment Cost - 150,000 Estimated Total Project Cost - $7,536,000 H. LOCAL GOVERNMEM SUPPORT The City of Denton has indicated their support of this project by passing Resolution No. R88-021 on March 15, 1988. This resolution accepted Minute Order Number 86816 adopted by the State Highway and Public Transportation Commission. This Minute order authorizes construction of this project provided that the City of Denton will furnish the right-of-way clear of obstructions, provide for cost of utility adjustments, and provide $1,000,000 toward the cost of construction. 3 - ,4 II {t II. ALTEMATIVES Three aitcrnativ<)s were analyzed during the development of this Qnvironmental assessment. These alternatives, consisted of (1) no build, (2) widening on the existing location of U.S. 77, and (3) widening on the existing location from I.H. 35 to F.M. 2169 and a one-k+ay couplet from F.M. 2169 to U.S. 380. The alternative utilizing the one-way couplet has been identified as the preferred alternate. 1. Alternate No. 1 - No build This alternate would result in no improvements being Jr made to the existing U,S. 77 roadway other than routine maintenance. The reasons for rejecting this alternate are as follows: a. Without improvements the existing facility will not be able to handle the projected traffic demand without traffic congestion and extended delays to the traveling public. b. Denton County and the City of Denton have develor>ed Thoroughfare Plans which show U.S. 77 as a makjor thoroughfare. Therefore, the no build alternate would not meet the transportation needs as identified by the City or County. c. Safety would not be improved if the existing facility is not reconstructed. Substandard features will be eliminated with the proposed improvements. 2. Alternate No. 2 Utilize existing route This alternate consists of providing a four-lane divided roadway on a minimum of 120 feet. of right-cf-way along the existing alignment of U.S. 77 from I.H. 35 to Sherman Drive. The reasons for rejecting this alternate are as follows: a. The right-of-way required for the section from F.M. 2164 to Sherman Drivo would result in the displacement of business and residences. b. Right-of.-Way costs for tha project would be increased by an estimated $3,:,50,000. 3. Alternate No. 3 One-way couplet This alternate consists of providing a pair of one-way 4_ c fi y ii streets to handle U.S. 77 traffic from F,M. 21G4 to Sherman Drive. Elm Street (existing U.S.77) would he utilized for souLhbound traffic and Locust Street would be utilized for northbound traffic. The remaining portion of the project would be constructed on the existing U.S. 77 location. The reasons for prefering the alternate are as follows: a. Project can be constructed without displacement of businesses or residences. b. Right-of-Way costs will. be substantially reduced. ° c. The section of Locust Street from F.M. 2164 to Sherman Drive has been improved by the City of Denton and can be utilized without further improvements. This will substantially reduce construction costs. d. one-way couplet will be a continuation of a similar traffic pattern south of Sherman Drive. This - will improve the traffic flow at the intersections of Sherman Drive with Locust and Elm Street. e. Construction will be less disruptive in the section from F.M. 2164 to Sherman Drive due to the reduced amount of construction required in the area. III. POTENTIAL SOCIAL, ECONOMIC AND ENVIR=ENTAL EFFECTS OF THE; PROPOSED ACTION A. REGIONAL AND C(MUNITY GROWTH The anticipated growth near this project is reflected by the 99 percent increase in the projected traffic by the year 2010. A Texas Instruments Plant has recently been opened adjacent to this project and it is expected that additional development will occur within the area served by this thoroughfare. The proposed improvements to U.S. 77 should make this development more attractive. 8. ECONOMIC IMPACT U.S. 77 is a primary business route connecting downtown Denton with Interstate highway 35 to the north and Interstate Highway 35E to the south. This project will improve traffic flow by providing additional traffic lanes. This improvement will reduce traffic congestion and decrease -5- travel time. This improved traffic flow should have a positive impact on property values within the area served by this roadway. The loss of tax revenue from property required for the additional right-of-way for this project should be offset by the increased property values of land within the project area. A short term benefit that may be derived from this project is employment for some area residents during construction. Some adverse economic impact will occur due to this project. During construction bus.6nesses may be impactixd due to reduced traffic volumes and access restrictions. This impact, will be minimized by phased construction and maintenance of access to adjacent property. After completion, the one-way couplet will require additional travel for some trips originating or terminating within the one-way couplet section. C. CONSERVATION AND PRESEAVATION 1. General Ecology All efforts for proper conservation and preservation will be used in planning and development of this projects as well as during the construction phase of this project. Soil erosion is not expected to be a major, factor on this project. Erosion and its attendant water pollution will be controlled through the use., of various soil erosion devices or methods as necessary. These erosion control measures will be coordinated with the permanent soil erosion control features which are to be a part of the completed project to assure economical, effective, and continuous erosion control throughout the construction and post-construction periods.. This project lie,a within en urbanized area and will not require the convers!.on o! significant wildlife habitat to highway use. Habitat within the existing right-of-way consists of mowed grass, while adjacent habitat consists of open fields with a few trees. None of the land is reserved for wildlife and it appears likely that all of the adjacent property will eventually be converted to urban use. There are no known endangered or threatened floral or faunal species that occur in the project area or vicinity. 2. Impacts on Section 4(f) lands There are no section 4(f) lands involved with this -6- I project. No parks, recreational areas, game preserves or wildlife refuges will be impacted by ':his project. 3. Lakes and Streams There are no lakes or major streams within the projected limits. Drainage crossingcs will YM designed in accordance with the State Department of Highways and Public Transportation's (S.D.H. & P.T.) design standards. All of the project is located outside the 100-year floodplain as determined by the Federal Emercency Management Agency. 4. Wetlands A visual inspection of the proposed project site determined that there are no wetlands involved with this project. This inspection was performed by qualified S.D.H. & P.T. personnel. 5. Historical and Archaeological sites A review of the National Register of Historical Places and Historical Preservation in Texas and a ground reconnaissance indicates that there are no historical sites that will be imp?cted by this project. There are no known archaeological resources within the existing or proposed right-o€-way. should archaeological resources be encountered during construction, construction activities in the area will ce.3se and the proper authorities will be notified to determine the steps necessary to protect and preserve any findings. b. Aesthetic Considerations The scenic or aesthetic quality of the area should be enhanced by the construction of this project. With the installation of the curb and gutter section and storm system the open ditches will be eliminated. This should reduce the amount of trash and debris likely to collect along the roadway. 7. Prime, Unique and Special Farmland Impacts This project is within an urbanized area of the City of Denton and is exempt from the Farmland Protection Policy Act. - 7 - y pw~ e q N t ll. PUBLIC FACILITIES AND SERVICES The increased capacity provided by this project will improve accessibility to public facilities and services such as medical., educational, religious, and recreational. Emergency public services will have a safer and more efficient facility to use in the performance of their duties. The adjustment and relocation of utilities will be handled so that no significant interruptions to service will take place. a E. CODiMUNITY COHESION The proposed project will not separate or isolate any distinct neighborhoods, ethnic groups or other specific groups. No displacements will be caused by this project. All reasonable action will le taken to minimize the inconvenience to the public during construction of this project. /f The southorn portion of this project is substantially L~ developed as a residential area. To minimize the impact of t truck traffic in this area, the City of Denton in cooperation with the S.D.H. & P.T. will restrict truck traffic in this residential area. F. ITEMS OF SPECIAL NATURE There are no items of special nature or interest such as navigation, airway-highway clearances, or special permits or agreements associated with the proposed project. G. AIR, NOISE AND WATER POLLUTION 1. Air The project area is an attainment area for National Ambient Air Quality Standards (NAAQS). Therefor, the • area is not subject to transportation control measures which are part of the State Implementation Plan (SIP). The conformity procedures of 23 CPR 770 do not apply however, the U.S. EPA has proposed that Denton County will be required to conform within the control measures in effect for Dallas and Tarrant Counties. Automobiles in Dallas and Tarrant Counties are checked for mis-fuelirig and integrity of the emission control system. The proposed revisions to the SIP may include testing of emissions at the tail pipe. 8 - i O.S. 77 is projected to carry 10,960 vPD by 2013. Neither the topoyraphy nor the meteorology of the area seriously restrict the dispersion of air pollutants. Maximum carbon monoxide concentrations of approximately 4 PPM are predicted for this facility which includes maximum background concentrations. This 4 PPM represents 11% of the NAAQS for a one hour concentration. The eight hour concentration is predicted to be 3 PPM or 33% of the eight-hour MAAQS. 't'herefore, the impact on air quality from this project will be minimal. e The construt.:ion, maintenance and operation of this facility will be consistent with the state lmplementation Plan as prepared by the Texas Air Control Board. The topography and meteorology of the area are such that pollutants disperse and are not trapped locally to create extreme air pollution problems. 2. Noise An analysis of noise was done to determine existing and predicted noise levels at various sites along this project. This analysis has been developed in compliance wit11 the publication "Noise Guidelines", dated January 1985, prepared by the State Department of Highways and Public Transportation and FHPM 7-7-3. The following definition of terms used in the noise analysis are furnished for clarification. Noise sound that is undesirable or unwanted. Sound may be considered noise dependent on: (1) the amount of the sound; (2) the amount of background sound present; (3) the nature of the activity of persons hearing the sound, Ducibel - (dB) Kunit used to e,:press the relative intensity of sounds, d8(A) The decibel unit of measure based upon an "A" weighted scale. This scale closoly approximates sounds as heard by the human ear and is used in all highway noise studies. Noise Abatement Criteria - (NAC) The maximum noire level recommended for the varieus land use activity categories (see Table J). , l1 i'. I; Traffic Noise Impacts ~ ! significant impact occurs when the predicted traffic noise levels equal, or exceed the NAC, or when the predicted noise substantially exceeds the existing noise levels. L10 The sound level that is exceeded 10 percent of the time for the period under consideration. L10 (h) The hourly value of 1,10 Leg s The equivalent steady-state sound level which in a stated period of time contains the same acoustic energy as the time-varing sound level during the same time period. Leq (h) The hourly value of Leq Receptor An .individual or site location upon which emitted noise has an effect. Based on existing and projected land use, the noise analysis was based on use of a 67 db(A) NAC which is the controlling NAC standard for residential property or land use Activity Category B using Leq (h). Nine (9) receptors have been studied and are considered to be bhe "worst case" receptors (see Figure 6 for receptor locations). Each receptor was evaluated under the following conditions or options. a. Existing condition: Existing location and traffic voltunes. b. option No. 1: Future traffic without improvements made to U.S. 77 (no build). c. Option No. 2: One-way couplet with future traffic. d. Option No. 3: One-way couplet with future traffic without trucks (trucks restricted from Loop 288 to U.S. 380). e. Option No. 4: Improvements on existing al,.ignment with future traffic, - 10 - I ' ii 'Cable No. 2 shows the dB (A), Leq(h) for each receptor for each of the above conditions or options. Options No. It 2, & 4 result in one or more of the recepcors ex:,seding the NAC. Option No. 3 do^o not produce a substantial increase in noise levels nor is the NAC exceeded at any of the receptors. Option No. 3 is the preferred and proposed alternate and, based on this noise analysis, the noise impact from this proposed highway project sal?.i be insignificant. It is difficult to predict levels of construction noise a at a particular receptor or group of receptors. Heavy machinery, the major source of noise in construction, is constantly moving in unpred.ictabte patterns. The duration of daily construction normally occurs during daylight hours when occasional loud noises are more tolerable. Because of the relative!.y short term exposure periods imposed on any one receptor, extended disruption of normal activities is not considered likely. However, provisions will be provided in project plans to require the contractor to make every reasonable effort to minimize construction noise through abatement measures such as work hour controls and maintenance of equipment muffler systems. 3. Water The construction and maintenance of the proposed project will not create conditions that would violate the water quality standards of Texas or the Federal government. Soil erosion is not expected to be a serious problem. Temporary and permanent erosion control measures will be implemented to prevent any problems or hazards. The proposed improvements wil.k not cause any alterations in the area's public water supply. The greatest impact that the proposed action would have on surface water quality would be the contribution of contaminated highway surface run off to receiving waters. The run off from the facility would riot result in exceeding the Ambient Water Quality Criteria or affect in-stream uses. There are no groundwater recharge zones in the project area; therefore, the project would not affect groundwater quality. -.ll- I l i IV. DETERMINATION OF ASSESSMENT Based on thorough assessment of project consequences investigated thus far during planning and review of official input, the proposed project is considered to have insignificant social, economic and environmental effects. A finding of no significant impact is suggested for this project pending the appropriate public involvement process. 4 t~ n i V + 9 110 APPENDIX 1 A r 1 / ~ • v DETAIL _ 1 ~ m ICU v m "low x ~ w LOOP 288 ORR~ ST, rn I TEXAS INSTRUMENTS I } 5. 77 I M ~ I RINEY RA c (A EA W WINDSOR z rt A [n n 1 115 F.M. 21 64 a +~i► f LOCUST 57. Ln Ld ELM ST, o a U 9 IL F.M. 2164 l ff r 7 ~ O N H 0 V 40 00 cv W / Z w FIGURE 1 BONNIE BRAE PROJECT LOCATION MAP U.S. 77 FROM: I.H. 35 TO: U.S. 380 _ I.H. 35 Not o Scale 13 - l ~ 1 - ,y SA ~Y IH°35N AGRICULTURAL G3, ~j ® o AGRICULTURAL I \ I ` AGRICULTURAL AGRICULTURAL US 380 1\\\\ LIGHT INDUSTRIAL COMMERCIAL k'% 4 RESIDENTIAL PLANNED DEVELOPMENT FIGURE 2 U.S. i% LAND USE MAP - 14 f Ex I'ST. U, S. 77 VARIES t5 o, MINIMUM) ?I4 , 2- LANE IC SURF, y R VR X EXISTING U. S. 77 FROMs I . H. 35 TOs SHERMAN DR. EX I ST. U. S. 77 50' USUAL o , 33' (ELM S1T.) 3-LAMES i~ 30' (LOCUST:ST.) 2-LANES N W X lW I CONC. PVMT. EXISTING U. S, 77 F'ROMs SHERMAN DR. TOs U. S. 380 FIGURE 3 U. S. 77 EXISTING TYPICAL SECTIONS - 15 U. S. 77 RIGHT-OF-WAY i - (60'MIN.& USUAL) j~ MEDIAN 21 24' ROADWAY 2'6ERM g1 j (19'MIN.& USUAL) (2- 12' LANES) 5' USUAL CL 4 I la Y2 1/2 A i j TYPICAL HALF-SECTION "ROM I . H. 35 TO F. M. 2f 64 U. S. 77 4 RIGHT-OF-WAY (60'M)NA USUAL) oi 5' Mkm 2' 36' ROADWAY 2'BERM 5' (3- 12'' LANES) a a 0 a ' /ft rA TYPICALISECTION ELM STREET FROM F. M. 2 1 64 TO U, S.380 LOCUST STREET FROM SHERMAN DR. TO U. S. 380 U. S. 77 oI RIGHT-IOF-WAY 1O cc (50'MIN.) a 6. 5' 37' EXI Si ROADWAY 6. 5' N V) (BACK F CURB) >e wi l iw I I TYPICAL SEC ION LOCUST STREET FROM F. M. 2 1 64 TO SHERMAN DR. FIGURE 4 U. S. 77 PROPOSED TYPICAL SECTION'S - IJ - A fi `i NOISE ABATEWT CRITERIA 4 Criteria Lavelo-dUA Activity* LeQ (h) L10 (h) Description of Activity Cata ncY Catglory, A 51 60 Traetr, of land in vbtch serenity and quiet (Exterior) (Fxtarior) are of extraordinary significaccs sad serve an important public need and where the preservation of those qualittes is essential if the Aral is to continuo to serve its intended purposs, Such areas could include arphithestors, P&Mt cular parka or portions of Parks, oPan apa9ss0 or historic districts wua are dedicated or racognised by appropriate 109&1 officials for atUvitia requlzing special qualities of serenity sad quiet, 70 picnic areas, recreation areas, play- '(Exterior) (Exterior) grounds, active sports areas, and parka which are not included is Categacy A and residanass,-setels0..battle , public, seating roeas,.a9bools0 churaheo,` libraries, and hospitals. 0 12 13 Developed lands, Properties or activities (Exterior) (Exterior) not i.&9luded in Categoric A or g above, D Undeveloped loads, Predicte4 noise levels should be provided to local goverssants by which developers of land can design activities compatible with future colas levels, 32 55 Resid ricas, motel-, hotela, public (Zaearior) (Interior) liMostig; braries, ~r.a&pitals,aand auditorium, TABLE 1 *Determinad by land use -1%•- I r TYPICAL SOUND LEVELS' Sound Pressure In MA) _ N O A U O CA -4 m O O O O O O O O O q O O HIGH SCHOOL LIBRARY I * HIGH SCHOOL STUDY HALL (Cafefaria) M JR. HIGH ICHOOL CAFETERIA (Lunch Period) ` 4A. H(10ia $ O,ICLASSRO * :R SCE L CLASSROOM 10 AIR HAMMER 10 SIREN 10 BA88LIN6 BROOK ($1 20 RESTAURANT LUNCHEON CROWD HOSPITAL CORRIDOR' MOTOR CYCLE QFJ 25' GAS LAWN MOWER 3 SUBD141810N S AM DIESEL TRAIN Q 40' AUTO ENGINE START S' C40TH99 DRYER @ .3 Sound Levels are Averaged Field Meaeursments Selected Schools not near Highway FIGURE 3 l a i r Y. r . iV oil . A9+f'I "AD O ar. Q ''''''''~~~~y7,• ~ t ' L6A 1 Ma o O CA ~ I ~ elt7ti M RECEIVER 5 se E RECEIVER 9 Im ~9 RECEIVER 3 RECEIVER 9 . RECEIVER 2 • 1 e....rr f ILo ,~y as t ~ W A 1r RECEIVER RECEIVER • ~ tr`sa :ar I a /r , ~Y f Jrl ! µ R~ n RECEIVER 8 Rf IVW 1 Cornerstone eapetat Church &A P RECEIVER 7 •I ~Ir. at ecllvlr a Elm 4 _q ADC6IM 7 1Illlcrelt Baptist church , fn at Orr t loci st L Jlu Hri. 310 AMINO 7 Denton ChrUtlan Church at Joyce A U.S. 77 SD R=Iv I1 1 Apsttro l Berth of Joyce cn U.S. 77 P=VR ? OatWit Vm at Jtyre A U.S. 77 ML- ..0A ADCWM 6 keeldela it Conn a Orr W - , a A=IV=f1 7 Raldence on 9141 Mar SMnrn Af.C Y= 6 Aaa ldenoe on locvlt mom Mengel ROCtIIYG I9' I R I"Iddw~" At Willa IA Ols • I d ODIC C TKA6 C mms a FIGURE 6 I~t add •ru~ C LOCATOR MAP FOR SOUND RECEIVERS r. 9 L~ Sa 4 i I 1 dB(A), Leq(h) F'OR NOISE RECEPTORS RECEIVER d3(A), Leg(h) N0. EXISTING OPTION OPTION OPTION OPTION CONDITION NO. 1 NO. 2 NO 3 NO 4 1 61,5 62.9 63.3 60.9 66.3 2 53.5 60.5 62.5 60:1 e 3 62.7 66.2 66.2 63.8 66.8 4 64.6 68.0 68.0 65.6 68.6 5 61.5 64,9 64.9 6215 65.5 6 61.9 64.0 66.1 63.7 7 64.0 65.4 6516 63.2 69.0 8 62.2 64.3 66,4 64.0 9 66.0 67.4 67.5 65.1 71.2 TABLE 2 c20 - ti i 1 Y y T~ CITYN COUNCIL 1_. 4L I A f ~pp00UQOpp~ oo4pOp o r U F ~Cp ~ a . ~Y "err".- ~.Y~i1'~•~'_.~1~: r~'.1.. ~..h.~.~ r.~-•__ = ~ uirL~F.yy~yyy..-~I.r~+.L•}~ u.l-'~.~1.y-~1_r .~.u~.~...__.1 5 AgendaNo._~11a1 t~ r.. Agenda Ilem w S ~ fire _i - -L )-Q)-- DATES 1/7f92 CITY COUNCIL DEPORT FORMAT TOi Mayor and Mamberu of the City Council FROMS Lloyd V. Harrell, City Manager SUBJECTS DISANNEXATION PETITION DISANNEEATI0g - Staff has received the attached disannexation petition, (Attachment 1Staff is seeking a policy consensus of the council on which to base comments to the petitioner. See attachment 2 for location. RECOMMENDATIONS Staff recommends that the property not be disannexed in order to maintain the availability of city services and planning and development control. AC 0 OR UNDS 1. The subject property was annexed in 1986 at the request of Bellaire West Partners. 2. Public safety and general government services are available to the tract. 3. Utilities are available and extension of water and wastewater would be funded a) by a developer, b) through economic development incentive policy, or c) according to the CIP. 4. Extension and Improvement of streets and drainage would be funded a) by a developer or b) according to the CIP. The extension of Torn Cole Road through the property is shown on the Thoroughfare Plan and has been a candidate for the CIP for several years. 5. Considerable and detailed discussion of infrastructure extension and city participation in those extensions to the subject property took place in 1989 in asoociati.on with "the Connell/Sunmount tract" immediately to the south of the subject tract. 6. The service plan adopted with the 1986 (see attachment 3) annexation has been followed. 7. The tract is zoned Agric ltural "A" and in a low Intensity area. PROCEDURES State law provides for two procedures far disannexationt 1. Section 43.141 of the Local covernmont Code for failure to provide services. The petitioner may wish to petition under this provision, but the attached petition is not perfected under this provision because it lacks sworn affidavits a) of any voter who signed the petition stating the places and dates of posting a copy of the petition in three public places in the area h City Council - 1/7/92 Annexation and Dieannexation Page Two of Two i for 10 days and b) of the publisher of the newspaper who published notice of the petition 15 days before the petition is circulated, and because the petition lacks voter registration data. If dieannexation occurs in accordance with this provision, it could not be reannexed for five years. If reannexed within seven years, a service plan would have to be implemented within one year. 2. Section 43-145. Dieannexation of unimproved area. Under this provision, dieannexation would he simply through adoption of an ordinance. There are no statutory requirements for notice or public, hearings. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTEDt Annexation, Planning, development interests and property owners. FISCAL IMPACTt if disannexed, lose of property tax revenue, and potentially from others who might follow this precedent. YV t di City Manager Appy6vedr rank obbins, AICP Executive Director Planning and Development Attachmsntet 1. Forrestridge schedule. 2. Dieannexation petition. 3. Location map. 4. Annexation ordinance and service plan. AXXOOOA6 C r t r. r ATTACHMENT #1 ROBERT H. NOBLES, D. O. nEC I '1 RE0 i~ ! ! 1400 Crescent, Suite 4 Denton, TX 76201 C 8171 380-0844 _'A r, 9 December 4, 1991 City Secretary City of Denton 215 East McKinney Denton, TX 76201 Dear Secretary: This is a formal petition to disannex a tract of 102,34 acres situated north of Jim Christal Road and west of Masch Branch Road. I am enclosing copy of my letter dated November 7, 1991 and copy of the plat for the above mentioned property. Your immediate attention will be appreciated, Co ly, Robert H, Nobles Encl. lh r ROBERT H. NOBLES ~w 1400 Crescent, Suite 4 Denton, TX 76201 November 7, 1991 The honorable Bob Castleberry, Mayor of Denton and Denton City council ° 215 East McKinney Denton, Texas 76201 Deal' Sirs; 40 I respectfully request that all that certain tract of 102,3/9 acres of land situated in the Tfyers, Johnson, Brummet, Green Survey, Abstract 1699, Denton County, Texas, as described in the legal description attached as "Exhibit A", be deannexed from the City of Denton, Texas, This property was sold to Joseph w, Burris, Trustee, on December 19, 1984, I carried the note oil this property with an agreement that Joseph Burris, Trustee, pay all taxes on an annual basis and furnish me with a paid tax receipt. In 1986 th,.s property was annexed by the City of Denton without my knowledge and without being picked up on the tax rolls of the City of Denton or by the Denton Central Appraisal District. In May, 1990, the property was repossessed, and in May, 1991, I received the enclosed letter informing me that through an error the property had never been picked up on the City of Denton tax rolls, and I was sent a bill for $13,922,59 for taxes froin 1986 to 1990. Although the land had been in agricultural use for the past forty years, I was denied a retroactive agricultural exemption and made to pay retroactive taxes in the amount of $13,922.59 which I have paid in protest, There are no city services anywhere near this property. The only improvements on the property is an old barn. The closest dwelling is my home which 1.9 approximately 3/4 mile west of the property, The Steiner home is located on the 150 acres which adjoins the property on the east, and one house is north of the property, located on 30 acres on Highway 380, There are no city services of any kind available to any of the surrounding properties. t r. 4. T, t a Denton City Council November 7, 1991 The property has br_en donated to a Trust on which I serve as Trustee. I respectfully request that this property be deannexed under Article 43;144 under the local governing code for deannexation, or if this is not appropriate, whatever action is necessary for deannexation. Sincerely, rt H,~VNNoJI/blles lh 5. e ti ~ A v r, MI]MIT 'A" All Ulat certa}rl 102.343 abs tcre tract or parcel of Iaund situated i11 Ole ! rs Ja}tnson, Drtaclnet & Greene Survey, lS ra NtOr cel of c Coup P'-' rL of a called 176-acre tract P70, mid par t of a called 65 ac sixxm b Lye Texas; said tract being 11 r tflla'on.Codeted to W. T. Evers, a widoa,,er, rerortled in Volurrle 399, re page 539, Lk tract No. 10 pr cord , s y, Ids, W'd being mare paxticulexl described d , Y iix3d as followst 8ogbining for Win, nrtl1e0st corner of this tract at a fence corner of file U. 11. &irb Survey, llbstr•act Number 208, said fence corner Est iii the south h- east corner of said 176-acre tract; post is also tllc norLJ '11>ence South 00 degrees 11 rnillutes 40 seconds to an iron pin, found, in a norH"sL-southeasbfenceilliulef fence north right-of way.of EC, Jim Christal Rand, for t}re southeast corner of this tracL; '1lrence North 74 degrees 40 millutes 16 secrjrxls WesL will) said fence wid right-of-way, a ,distance of 335.21 feet to a cross-Lie fence post, for an angle corner of this tract; 'illence SoUtll 89 degrees 10 minutes 13 seconds I+bgL with said fence wid right-of-way a distance of 1163.77 feat to an iron pin, for the southwest corner of, this tract; 'Illence North 00 degrees ll minutes 40 secol)dq FjbsL. a distance of 3006.04 feet to vur iron VID tract; this an east-hest fence the salth .lino of said 13ar:b 5iuveYr for. tJre nortlnesL 1lienir~ South 09 degrees 20 ldimtes 48 seconds $a5t with said fence w-,d corner o stance of 1486.80 feet to poirrL of Ltegiruiing. di ,said south lhie a c. (i . ii • ti F I E L D 11 0 T D S All OWL certoln 102.343 acre tract or ppa rcol of land situated In the Ifyore, Johnerh. Srurmet S rrecn Survey, Abstract Ilu,heP 16199, Denton County, Tex/e; said tract beinf part of a tolled 17E•acwe tract Ion, ll and pea of a called 65q-a re tract No. to. aha611 63' dead Lu P.T. Cven , a vWaver, recorded in Vnlwae 399, pe/e S)9, Deed Records. Ccntod Cn uv ty, Texas, and betnp nor, particularly des crlbed a fol Otea. 11 rr fur vnor I inenof L[IL, IC helast, Surve pp~o IbstrACLtlumber a 708, saidsfence c orneropost In the h elsa mouth tha nowthsu5t corner of said 11 -acre tract; Blanco Sou Nt 0'7 dcerues ll cinut.t 40 Icuondw Cast vlth a f¢n:e a distance of J064,)1 oteal to an It ,o loud f a hor,hvcst•anuthcaeL fence Ion o, rho north rlfht-of-,gay C Jic. Cf,r 1, Uri IIUaJ, far l hv s,utlteuet cnrnor of this tract; T1i u~.ce rortb 71, d,pr,,, 40 elms tea 14 a.can is 1'avt with laid fence and rlpDf•af way, a uirlauce of 335.11 lust so u cross-tie Cence poet, for in angle corner of chit tract; Ihonte F,wt1, 09 Jug rc ca 10 It nu t¢s lJ 1-1111,65 treat with sold fence and ripltt•of•way a Jos Sauce of 1161.77 feet to an !I's pill, far the eouthuest corner of this tract; 41cnca• ;,nth 00 degrees It n,tnuccl 40 seconds Beat a distance at 1006.04 Cast to en iron pill IN m, oaat•veet fence the South lino of said enrb q curncr of t 1, It tract; Lur vey, for this n0e[hv¢nt 'thence rauth 89 Jol•,recs 18 minutes 40 seconds Bast with said fence and said south line a distance of 1466.80 (Oct to point of EcT inn inf. Tl,e u1wg red daps her cby ccr tl fy that the plat hereon is baled on s1, nl•tvel larva. eA nadr oil au t the pre and this date, and Lhat it is a true, enrrect And accurate Yseresentaelen of the property no surveyed, tlmt there arc no visible ere wee chnents Con fl to te, pro• trustvne or ally visible and apparent eoaaments except as shown on u~J plats that veld pro INLy hall ecccss to o roadvnyy and t h a t the quantity aC land theraln has hoc, accurately ca lcu Lot ad, 14 low Lpr 84 ItY,vt . i Yt •.~~t fa . I. ~i;r ecia lfe-p i ereS7 i ,i 1'u~ilic tiur vcyor No, U97 nhw~rJ i rbitb•1 . S/S AtMS In ,Ae AlY[R8 0 N N 80N• AAtlMNL f 102 MINE EORV" A-100, 01Mew 040111 That twt„ ¢i1, 1,m/a rn„,i IELDE, EDWARDS is A880CIATEA, INo. n» tar wgln taus uNU a lO rR 1N anrw nrLt pilot oil 111 ~ - N ,e, ro. f. i v i3 .L 4 _r f G. 8AR8 SURV A-208 nr . 8928'4 B"E. . 1498.80 {toil-~~4,97') ,u I t 9 C / ID oea / 7 ~ 7 pCc .1 J AI 8 1~l`L`f'i' ~g9 00 ja, l0 ' c~ J ------a 1 e e e )wr o(A 3~2 S.;410'13" W. 1165.77' ($Oil- 1184.491 004440, *N.6') L4 r, J b cttru tur # 2 PA S. s + ocklfo ' r > N { V I ` ~J / T co FAP At. d + \ • • «b im C istu4 w. r i DENTON E a Si - ty MUNICIPAL E Jll'YK r i f . t 5 r k o Tom ' C o f ' ~ # ~ CL V ti M M C: SpriAT~' ~sidQ Rar C 0f R d. A T E 1307L ATTACHMENT #3 No. AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT 'f0 THE CITY OF DENTON, TEXAS; BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF APPROXIMATELY 103.2 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS A';V 0EINC PART OF THE LAYERS, JOHNSON, BRUMMET AND GREEN SURVEY, ABSTRACT NO. 1699; DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. WHEREAS, a request for annexation for the property deacrLbed in Exhibit "A", a copy of which is attached hereto And incorporated by reference herain, was Introduced at a regular r meeting of the City Council of the City of Denton, Texas, on the petition of Bellaire West Partners; and WHEREAS, An opportunity was afforded, at a ublie hearing held for that purpose on the day of 2t , 1986 in the Council Chambers for all`-Tntereated persons to state their views and present evidence bearing upon the annexation provided by this ordinance; and WHEREAS, an opportunity was afforded, at a public hearing held for that purpose on the /S/ day of _ , 1986 in the Council Chambers for all` Interested pars nstate their views and ppresent evidence bearL+g upon the annexation provided by this urdinance; and WHEREAS, this ordinance has been published in full at least one time in the official newspepet of the City of Denton, Texas, prior to its effective date, And after the public hearings; NOW, THEREFORE, THE COUNCIL Of THE CITY OF DENTON HEREBY ORDAINS; SECTION 1. That the tract of lend described in said Exhibit "A" be, and Clio same is hereby annexed to the City of Denton, Texas, and the same is made haroby a part of said City and the land and the present and future inbabttanta thereof shall be entitled to all the rights and privileges of other citizens of said City and shall be bound by the acts and ordinances of said City now in effect or which me hereafter be enacted and the property sftuated therein shall be subject to and shall bear its prerata part of the texas levied by the City. SECTION 11. The property described in Exhibit "A" is hereby classified se Agricultural "A" DLstelet and shall so appear on the official zoning map of the City of Dentoa, Texan, which map is hereby amended accordingly. n SECTION 111. Should any section or part of this urdLnance be held unconstitutional, Illegal or invalid, or the application thereof inoffsctLve or inapplicable As to any territory, such unconati- tutLonality, illegality, invalidity or ineffectiveness of such A-34/RELLAIRE WEST PARTNERS/ PAGE ONE rh 10 \ • S h { r section or part shall In no wise affect, impair or IOva IIdate the remaining portion or portions thereof, but as to such remaining Portion or port l Ins, full force and the same shall be and remain in effect; and should this ordinance for any roosoa be Ineffective as to any part of the area hereby annexed to k.. Ci c ty opf a rDentoorn, pasuct rhsInofeffect"Oness of this ordinance as t he to any suh t any such area shall not of feu the effectiveness of this ordinance as to all of the remainder he such a described area, and the city Council hereby declares t l t o be { If Purpose to annex t-I the cloy of Denton every part of the area wh et he a 11n said Exhibit "A" of this ordinance, regardless of effectivll)' annexed tortthefCltych Prosvideded furthor~s heroby there is included within tho that if set out in Se,ctlon I of this Ordinancedtoebe herebyf the annexed/to City of T-nton any lands or area which are presently part of and included within the llmlts of the city of Denton, or which are presently part of and included within the limits of any 4 other City, Town or Village, or which are not within the City of Demon's jurisdiction to annex, the same Is hereby excluded and excepted from the territory to be hereby annexed as fully as if such excluded and excepted aroe were expressly described herein, SECTION IV, This ordinance shall be effective immediately upon Its passage. - Introduced before the City CIUne 11 on the r7 J- Lday of A55ED AND APPROVEt) by the City Council on the ~lJ/L nri _ dal of 1986. -(}l L'R- C lIT I DI:NTON, TEXAS ATTEST: Ci RI., -Y- 5 CRETAR CITY OF DENTON, TEXAS APPROVED AS TO LF,GAI, PORN: DEBRA ADANII DRAYOVITCII, CITY ATTORNEY CITY OF DENTON, TEXAS A•34/BBI,LAIRE VEST PARTNERS/PAGE TNO t' 11. Y S i; EXHIBIT "A" All that certain tract or parcel of land lying and being situatced l tLfin99the Hysce, Johnson, Bcummet and Orson Survey, NO. 11, said tract being pact of a 176n aVolcreume tra )c9tq No. and pats a called by deed to T 65.5 acre tract No. lo, shown Dead , Evers, a widawec, recorded 1 INNtNI Page S)4, Dd Reco[de of Denton County , Texas, and being more particularly deaacLbed ae follows; BEG P" at a point in the present city lLmlts, ae established by Ordinance No, e3-90, said point lying in an Eaet and West road known As Jim Chrietal; THENCE North 00.1L140" Wait passing at approximately 25 feet, mote Of less, the North boundacy line of said road, same beinq the Southwest corner of a i part of the above mentioned OEVecsatract, at, cold tract beinq the West boundary line of said 102,34 acrentcact, autota~tong distance of 310)L,04 feet, more of lees, to a point for Cotner, eaid point being the Northweot corner of said 102.34 acre tract and lying In the South houndacy tins of said Bacb survey; THENCE South 39.261481, test along Bald tract North boundary line and laid sucVsy line a dietanco of 1,486,90 feet to a point for corner, same being the Northeast cornet of said 102,34 acre tract and said 176 acre tcart; THENCE South 00.11'40" East along said tracts East boundary Sine, passing at 31064.31 feet the Southeast cornet of said tract and a Northwest - Southeast fence line, said point also being the North right-of-way of Jim Christal Road, and continuing a total distance of approximately 3,090,S feet, more established inpOtdinanceaNo.it to the present city ilmice as 90, and in eaid toad; THENCE North 73 00, West along said present city limits and in said coed to a point for 0ocnecl sa i d Croad fA hdlatancexof t 13a7lo said feet to present a point t for limits cocnecj in THENCE South 8a•40' West along said present city limps and in said road co tha place of beginning and containLng 10).2 accea of land. S167e e A-34/BLL1,NlRE WEST PARTNERS 12. f~ ft PLAN OF SERVICE FOR ANNEXED AREA, CITIYOF_DENTON, TE%AS WIJUREAS, Article 970a as amended requires that a plan of service be adopted by the governing body of a city prior to passage of an ordinance annexing an area; and WHEREAS, the City of Denton Is contemplating annexation of an area which is bounded as shown on a map of the proposed annexation. NOW, THEREFORE, RE IT RESOLVED qY THE CITY COUNCIL OF THE CITY OF IIENTON, TEXAS: Section 1, Pursuant to the provisions of Article 970a as amended, Texas Code Annotated, there is heroby adopted for the proposed annexcation area the following plan of service: 1. Basic Service Plan A. Police (1) patrolling, radio responses to calls, and other routine police services, using present personnel and equipment, will be. provided on the effective y date of annexation; (2) Traffic signals, traffic signs, street markings, and other traffic control devices will be installed as the need therefore is established by appropriate study and traffic standards, 13, Fire (1) Fire protection by the present pereenltel and equip- ment of the fire fighting force, will be provided on the effective date of annexation, C, Water (1) Rater for domestic, commercial and industrial use will be provided at city rates, from axlsting city lines on the effective date of annexation, and thereafter from ne~• lines as extended in acco°dance with article 4.09 of appendix A of the code of the City of Denton, Texas, D. Seiner (1) properties in the annexed areas will he connected to sewer lines in accordance rlth article 4,09 of appendix A of the code of the City of DP,oton, lexa9, F. Refuse Collection (1) The same regular refuse collection service now pro- vided within the city will be extended to the annexed area within one month after the effective date of annexation, a i ' C 13. y ; C~ 3 Service Plan Annexed Areas page two F. Streets (1) Emergency maintenance of streets (repair of hazardous chuckholes, measures necessary far t1nifle floe, etc. will begin on the effective date of annexation, {2) Routine maintenance on the same basis as in the present city, will begin In the annexed area on the effective date of annexation. {2) Reconstruction and resurfacing of streets, installa- tion of storm drainage facilities, constructlon of curbs and gutters, and other such major improvements, as the need tnerefore is determined by the governing body, will be accOmpllshed under the established policies of the city, G, Inspection services x t1) Any inspection services now provided by the city (building, electrical, plumbing, gas, housing, sanitation, etc.) will begin In the annexation area on the effective date of annexation, if, Planning and Zoning (1) The Planning and Zoning jurisdiction of the city will extend to the annexed area on the effective date of annexation. City planning will thereafter encompass the annexed area, 1. Street Lighting (1) Street lighting will be installed In the substan- tially developed areas in accordance with the established policies of the city, J, Recreation (1) Residents of the annexed area may use all exlst(ng recreational facilities, parks, etc,, on the effec- tive date of annexation. The same standards and policies now used in the present city will be fol- lowed In expanding the recreational program and facilities In the enlarged city, K, Electric Distribution (1) The city recommends the use of City of Denton for eler,tric power. A f 1.4. S Y. ~r s y~ t. Service Plan Annexed Areas Page three L. Miscellaneous :11 Street name signs whe.r6 needed will be installed within approximately 6 months after the effective date of annexation. II, Capital Improvement Progrnm (CIP) datedlP of the Clty onsists of a flue year plan that is up- yearly The Pclan is prioritized by such policy' guide- lines as: (1) Nmand for servlceu as compared to other areas 4 based partly on density of population, magnitude of problems compared to other areas, established technical standards and professlonal studlns, and natural or technical restraints or opportur sties. (2) Impact on the balanced growth policy of Site city. (3) Impact on overall city economics. The annexed area will be considered for CIP planning in the upcoming CIP plan, which will be no longer than one year from the date of annexation, in this now CIA planning year the annexation area will be J,idged accordingly to the same established criteria as all other areas of the city. w C ( L5. t 'r A-34 ANNEBATlQN SCHEDULE February 24, 1986 Submlt agenda item l"February 26, 1986 Submit agenda back-up March 4, 1986 City Council sets date, time and place for public hearing Match 5, 1986 Notice to Denton Accord Chronicle March 7, 1986 Publish notice and mailout March 10, 1986 Submit agenda item March 12, 1986 6ubmit agenda back-up ' v March 18, 1986 City council holds Litst public hearing March 19, 1996 Notice to Denton Record Chronicle t- Match 21, 1906 Publish notice and mallout Match 24, 1906 submit agenda item Match 26, 1906 submit agenda back-up 11Y6 M 6i--1986 Planning b ZOn1ng Commission makos recommendation on pcopoaed annexation + ✓ April 1, 1986 City Council holds second public hearing o- April 7, 1986 Dubmit agenda item 4 April 9, 1986 submit Agenda back--up + April 15, 1986 city Council institutes annexation proceedings ✓ April 17, 1986 ordinance to Denton Record Chronicl0 Apr It 20, 1986 Publish Ordinance ✓ May 12, 1986 Submit Agenda Item May 14, 1986 69bmlt agenda back-up + / May 20, 1986 Final action by City Council at tegulat V meeting Devotee Action by the City Council 69649 16. V. - - CITY COUNCIL 9 -1- ~~oof;aaoao~4o COOQD C " o O O _ I ~o 'V t ~ ~ oo ~~4000GG40~~~ f 1 4-- 4 Agenda No, Agenda llern DATE, 01/07/92 CITYCOUNCIL REPORT FORMAT T0i Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECTi ANNEXATION PETITION 4 AX"XATIOtt - Staff has received an annexation petition for land south of the Forreetridge subdivision to Ryan Road. Council will consider the attached schedule for what is planned to be an expansion of the Forreetridge development during the regular meeting, see attachment 2 for location. V Re pe 1 y e ttedi Lloy V, Harrell City Manager App vedi an H. ~V bb ne, AICP Exeoutive Director Planning and Development AXX000A7 e 'r ATTACFIMF.NT # 1 ANNEXATION SCHEDULE A-60 January 7, 1992 City council sets date, time and place for P public hearings. January 19, 1992 Notice published in Denton Record Chronicle for first public hearing. Service plan is prepared. February 4, 1992 City Council holds first public hearing, February 7, 1992 Notice published in Denton Record Chronicle for second public hearing. February 18, 1992 City Council holds second public hearing. lip* February 26, 1992 Planning and Zoning commission makes recommendation. March a, 1992 city Council institutes annexation. First Reading of Annexation ordinance. March 6, 1992 Publication of Annexation Ordinance in Denton Record Chronicle. April 7, 1992 Final Action by City Council. Second reading and adoption of the Annexation ordinance. ATTACHMENT H2 Forrestridge Annexation NORTH SILL ~ __j _ TMUW ,~~Jlj,dc(C A08SON - - 40 o ww o ~ f+~M Oil G Cr. Ct i a 4WIn 4 - • Q & r EL PA E °u r ~rvao JAMWW F SITE RYAN C DATE, 9112191 SCALE, NONE: Y v i I~ I r CITY COUNCII f ~v L r~ . oQOOOOOaaaoaaoooo~o op c j p O o o ` O ^ O ~1 O~OCC~~ LIZdGG~O~ i ~t r Aganda No. =;ss 5 f - Agenda Ilam_._ CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 668.8307 OHlco of the City Manager MEMORANDUM TO: Lloyd V. Harrell, City Manager FROM: Rick Svehla, Deputy City Manager " DATE: January 2, 1992 SUBJECT: Relocation of a Ramp on the L00p 288 Construction ` Attached is a drawing which shows the original configuration of Loop 288 and the "off" ramp for northbiund I-35 near Loop 288. Upon review of these plans and with recent developments of the Rancho Vista Development company, staff became a little bit concerned about the shortness of this ramp in the vicinity of Loop 288. Staff was able to sit down with the, Highway Department and discuss our concerns about the closeness of the ramp to this vicinity and the effects that it might have on stacking as the Rancho Vista Development developed and also its impact on the U.S. 380 intersection to the south. The, Highway Department advised that they would be amenable to moving the ramp if someone would pick up the extra cost of construction for the frontago road. We were in turn then able to visit with representatives from Rancho Vista about the possibility of moving the ramp and helping us finance this project. By moving the ramp further south we were able to negate any kind of stacking problems we might have for traffic getting off 1-35 and trying to get on Loop 288. At the same time, since the ramp would be moved further south, there would be less likelihood of people getting off at the U.S. 380 or University Drive exit to access the southern parts of the Rancho Vista Development which are expected to develop rather rapidly with the advent of the regional mall. At the same time, if the ramp is moved south, Rancho Vista has an easier exposure to the 1-35H traffic so there is benefit to them also. In the discussions with Rancho Vista we asked them to rrovide the funds to move the ramp further to the south, i.e, their funds would rebuild the frontage road in conjunction with the Loop 288 project. Rancho Vista agreed to provide $450,000, to construct approximately three thousand feet of frontage road. We went back to the Highway Department to confer on how we might best get this done. We wanted to brief the Council on all of 1 e L Lloyd V. liarrell January 2, 1992 Page 2 these activities. In the near future we expect the Highway Department to provide a contract whereby the City of Denton will provide $450,000. for the relocation of the ramp approximately three thousand feet to the south, and to rebuild approximately three thousand feet of frontage road. once we receive that contract, we would place an ordinance on the agenda for the Mayor to sign the contract upon receipt of the $450,000. from Rancho Vista. Rancho Vista has agreed to provide the funds upon notification so that the ramp can be relocated and the frontage road rebuilt prior to the completion of the Loop 288 project which is slated for late summer or early fall. In conclusion, we are very excited about this project; it's one in which I think there are benefits for everyone. The Highway Department eliminates possible stacking problems on I-35; they also get approximately three thousand feet of new frontage road that they won't have to maintain for a long time. The City of Denton also averts this traffic problem, eliminates some congestion that would have occarred at U.S. 380, and finally, gains prime development land within easy access of the freeway. Rancho Vista also gets much more exposure to the freeway. We wanted to advise Council of these developments and to make them aware of the progress we have made so far. We expect the contract to be here shortly and as soon as it is, we will bring the Council an ordinance for approval. If you or the Council has further questions, we will be happy to try and answer them at your convenience. . J Rak Sveh a ~v Deputy City Manager RS:bw AMMOOOAI i, 1 1 f q LOT a AMR INITIAL RAMP LOCATION WE$IGATE W11 (!1 fool PROPOSED RAMP LO CATION r 4- FLAMlFR III eau IUf l C } 1. I:l CI~rY COUNCIL - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -mu - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - oooo~~oaaaQaooocpo g a O , o~ sa o ~ 0 ~p A O A G J f_ . " p~OnnCaGG~9~'00 _ E i r. L ~r- 14 - t, } xa 44- tit" AgendaNo.. C KJ Agenda D3fe ' r ` CITY OF DENTON CITY COUNCIL MINUTES November 19, 1991 The Council convened into the work Session at 4:00 p.m. at the Moore Building. A tour of the building was held along with a discussion of possible renovations. T;.e Council reconvened in the work Session at 5:15 p.m. in tha Civil Defense Room. PRESENT.': Mayor Castleberry; Mayor Pro Tom Hopkins; Council Members Alexander, Chew, Perry, Smith and Trent. 4 ABSENTt None 1. The Council. convened into the Executive Session to discuss legal matters, real estate (considered a lease agreement with the e Union Pacific Railroad), and personnel/board appointments (considered appointments to the Cable T. V. Advisory Board and the Electrical Code Board.) 2. The Council received a report and held a discussion regarding the Space Master Plan and gave staff direction. Lloyd Harrell, City Manager, stated that a number of months ago, the council authorized a contract for a long range space need study trying to look out about 20 years in the future and do a phased approach as to the types of building space needed and what was the most logical way to phase into those needs. All of the departments in the city were involved in the study. Bruce Hennington, Superintendent of Facility Management, presented the background information on the consultant candidates. He presented the consultants from Corgan Associates, Brent Byers and Kim Smith. Byers reviewed t1,e basic proposal for the City's space needs through the year 2006. It was recommended that the City Hall become an Administration center, which would include Economic Development, City Council and Chambers. All City executives would be accommodated within thn existing building and would require no major modifications 'to the building or site. The old City Hall (current Police Station) would become a Development Center for Planning, Development and Engineering. This building would also accommodate Building Inspection, Community Development, Main Street, Code Enforcement and Fire Administration/Training. The current Service Center would become a Municipal Building/City Hall Annex accommodating Central Stores, Purchasing Administration, Traffic Control and Street Construction/ Patching. The Moore. Building would be used fol, Police, Courts, Information Services, Personnel, Customer service, cashiering and Tax. A new Utility Building/ service Center would be constructed to accommodate the 5 l r q ~ i 11 City of Denton City Council Minutes " November 19, 1991 Page 2 Utility Department needs, a relocation of a portion of Central Stores and the Garage and Machine Shops. All City facilities would retain some percentage of space for future expansion and there would be a minimum amount of new construction. The proposed master/space plan (1) made full utilization of all existing City structures, (2) vacated all outside lease space from City obligations, (3) allowed rentals and conferences to occur at the o Civic Center, (9) utilized the unoccupied Moore Building, (5) grouped City public interface agencies separate from non-public functions, (6) minimized new construction and (7) allowed and anticipated orderly, logical growth without over crowding or inappropriate physical location of. City agencies. City Manager Harrell summarized the key moves. First would be the Law Enforcement/Court facility which would happen within the next several. years. That would convert the Moore Building into the law enforcement/ court facility and also move Personnel and Data Processing into that building. The old City Hall would be converted into the Development Center after the police had left the building. This would vacate a portion of City Hall for expansion of the offices which were to remain there. After that, the other phases would begin such as the new utility structure. It was projected that by the year 2006, all space needs would be met, Council Member Alexander asked if the Moore Building could adequately meet the needs for a law enforcement/court complex. Byers replied that the city would be getting the land and a shell of a building. There was good exterior access and more than adequate parking. The only qualification was the need to decide if the building were located in a place which was comfortable to the Council for the proposed purpose. John McGrane, Executive Director for Finance, presented the financial analysis of the space Master Plan. He stated that there was sufficient funding with bonds for Phase 1. He reviewed the resources available for Phase I 1993 and the proposed construction cost for 1993. City Manager Harrell stated that if Council were comfortable with the preliminary findings, staff would like to prepare an implementation schedule and plan for Phase I. Consensus of the council was to proceed with the plan. 3. The Council was to receive a report and hold a discussion regarding SPAN transportation and the transition to Section 9 Urban Mass Transportation Act Funds and give staff direction. C 1 r City of Denton City Council Minutes November 19, 1991 Page 3 r This item was discussed after the Regular session under Miscellaneous Matters from the City Manager. 4. The Council was to receive a report and hold a discussion regarding an update on the Upper Trinity Regional Water District contracts and give staff direction. This item was discussed after the Regular session under Miscellaneous Matters from the City Manager. The Council then convened into the. Regular Session at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Hopkins; Council Members Alexander, Chew, Perry, Smith and Trent. ABSENT: None 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance. 2. The Council was to have considered approval of the minutes of the Regular session of August 5, 1991. This item was pulled from the agenda. The mayor recognized representatives from the Sigma Chi Fraternity who presented checks for donations to various charities as a result of Derby Days during the University of North Texas' homecoming events. 3. Public Hearings A. The Council held a public hearing and considered adoption of an ordinance revising the boundaries of the four single member election districts in the City of Denton, Texas. Harry Persuad, Senior Planner, stated that at the November 5, 1991 Council meeting, Council directed staff to prepare ordinances for Options A and E. Those had been included in the agenda backup materials along with the population distribution numbers and maps of the districts. The Mayor opened the public hearing. r t City of Denton City Council Minutes November 19, 1991 Page 4 Frank Davila, representing LULAC, felt that the Council should 4 pursue Option E. It offered a package which fit into the way the City was currently evolving with a Central Business District, minority populations and student populations. }ie feat it offered a temporary solution to the districtin 1 plan as it was visionary, g problem. preferred a 6- leadershi y, proactive and provided for more p growth among the population of the City, Carl Young stated that he was representing the people in southeast Denton. He favored a 6-1 plan but understood that there was a lack of time for a 6-1 plan for the upcoming election. He stated that people in southeast Denton favored Plan E because it maximized minority voting strength. The Justice Department would look at the maximizing of minority voting strength and Plan E provided that. He asked the Council to adopt Plan E. Winn Walton provided a comparison of Options A and E as provided by Federal. and state criteria. The first criteria was that the districts had to be within 10% of each other in size. This was achieved in both options. The second criteria was that minority representation had to be enhanced. Plan E far exceeded Plan A in fulfilling this requirement. He felt that the idea that minorities were best represented by dividing them equally among the districts was questionable and out of touch with the national and regional standards. Minority representation in the two at-large superdistricts was enhanced best by Plan E - 22.94% as opposed to campus icomunitytwas &currentlyy splitemong University three o of North the'rfour council districts. The studP;rts asked for the same consideration which the city was asking for from the State Legislature. The City did not want to be divided among three State legislative districts and the students did not want to be divided among three City districts. The students asked the Council to pass option E. Douglas Garay stated that the students wanted to vote and wanted to be united. He asked the Council to vote for Option E. Carl Williams, representing the Denton County NAACP, stated that students were not a protected class in the Voting Rights Act. He felt that it was an injustice to wait so long for redistricting. The only plan which was fea3ible for the City of Denton was a 6-2-1 plan. The reason being that the City of Denton was more desegregated in housing patterns than such cities as Dallas. In District 3 under Plan E, 66% of minorities were pulled out of that district which diluted the African-American vote. He felt that Plan A was best at this point in time. City of Denton City Council Minutes November 19, 1991 Page 5 Council Member Alexander asked Williams to elaborate on the fact that if Plan E were adopted, it would enhance the student position but might dilute the possibility of a Black or minority representative. Williams stated that if the students would vote, they would not need a special district. If they would vote as a block, it would not matter if they had a special district or not. His concern was that there were not enough African-Americans in Denton to have an a African-American precinct. Euline Brock felt that the students were right Howefeel disenfranchised under the current system and with Plan A. if the students were to become organized, they could elect more ~ than one representative,. In whatever way the district lines were drawn, it was extremely important to maximize the chances of a minority being elected. Unfortunately, the Council was considerinn only one plan which would not split the care of the University district. There were some special problems with Plan E. First, District Ono would be an inner city district. Now all of the district coi.,Zci.l members shared the inner City and they were all concerned far preservation of the older areas, the Historic District, the Central Business District, etc. She was concerned about drawing an inner City district which would encompass the older sections. This would in effect be the student district and the minority student toCity ~Council which would be desirable t but election istudent were elected from the elected would be reduced, That t was a h very serious problem. bBoth plans had very serious problems and she suggested drawing another plan which would not divide the North Texas community and at the same time not make it an either or situation - student or minority representation. Council Member Trent asked Brock what were the dangers she felt with an inner city district representative, Brock replied that in larger cities, there were districts which were considered the inner city district. That would be considered a district which would have special problems and special interests. Those problems and concerns might not be shared by the entire city. The way the present districts were drawn and wi,;h the present council representation, everyone felt an equal commitment to and involvement with the central part of the City. council Member Trent stated that currently everyone voted on such subjects as the Historical District, etc. c r, City of Denton City Council Minutes November 19, 1991 Page 6 Brock agreed and felt that ideally all council members should be concerned f- all areas of the City in an equal way. Certainly one of the reasons behind a district system such as a 6-1 rystem was to allow for a representacive for a particular part of town. She was concerned that if there had to be a choice between one program or another and one benefited a member's district and one benefited an "inner city district", the choice might be made for the member's district. Bill Miller stated that the students wanted a council member of their own. Plan E had a 3% increase in minority representation in District one over Plan A. If the students did not vote, there would be an even greater likelihood that a minority would be elected. fie preferred a 6-1 plan or even an 8-1 plan. The demographics of the community at this particular time showed a large segment of youth. If the students were mobilized, they could elect numerous Council members but they did not usually vote in such a large block. He favored a single member system for the future. Mariah Boone felt that the students were frustrated at their disenfranchisement which caused them to give up and not vote. Plan E helped the students. A 6-1 system was really what the students wanted but Plan F would be a compromise for the present. Trent Tice believed that the University of North 'texas was the City's largest employer. He felt that the iajor employer in Denton should have its own representation on the Council. He felt that what ultimately affected the University, ultimately affected the community. Michael Alves felt that Plan E enhanced minority :.epresenta:ion not only by 3$ Black but by a total of 6% for all minorities over Plan A. He disagreed with the theory of students being transient. Students wanted to vote and to vote in their own election. Plan E was good on a interi.m basis but a permanent solution should be a 6- 1 plan. Cindy Damph stated that more students voted io university elections than :,.itizens in the City elections on a percentage basis. The students were confused with the current lines and were interested in City politics. Tyler Pierson stated that the University of North Texas might be the largest employer in the City but was not the largest taxpayer. He felt that it did not matter where the lines were drawn but who came out and voted. i City of Denton City Council Minutes November 19, 1991 Page 7 Tom Thomas stated that he favored Plan E. The opinions stated b- the students at this meeting represented many other students. The students wanted to work with the city but could not if they were not adequately represented. He favored a 6-1 plan but favored Plan E for now. Bob Powell stated that minority maximization and single member districts were here to stay. Ile asked why it was so hard for the o council to do the right thing. By its own published criteria, the City had stated that the second most important standard for redistricting, after equal population, was enhancement of voting strength of minority groups. It was obvious to him that City-wide at-large districts could not even come close to meeting that requirement. He asked if the Council would force the citizen taxpayers of Denton to spend money for redistricting to make single member districts. He felt that single member districts were the only way to meet the criteria for adjusting districting boundaries. He felt that Plan E maximized minorities more than any other plan. He felt that the Council was doing nothing to establish single member districts. Artist Thurnton styled that the Council needed to do what was right. The students wanted a fair voting system. Plan E was the best for minoricies. There were two sets of minorities the Council needed to work with. One set was the minorities and one set was the students. The Council needed to consider the needs of the Blacks and Hispanics and the needs of the students at the University of North Texas. He felt it was time to grow as the City was expanding and the Council needed to expand. The Mayor closed the public hearing. Council Member Chew asked why the city had single member districts and the Voting Flights Act. He stated that they were to protect minorities. To enhance their ability to be able to have an impact on an election. The current system had worked up until this point. He represented thn minority community in Denton and had talked with members of the minority community. They had not expressed a 6-1 plan at this time. A 6-1 would not serve the City of Denton best. He did not have a stronghold in Township II. He read the following statement: "We in Denton n,~e proud to be a desegregated community and we empathize with the students at North Texas. Their concerns do show that we need to expand the City Council. However, at this point in time, it would not be feasible to reduce the Afro-American population by 43% and the Hispanic population by 42% in District Four.. Therefore, looking at the City of Denton as a :,hole, I must urge, emphatically urge, the City Council to adopt option A, because of the disfranchisement of those minority voters." c~ A _ ♦ 1..✓ ~I 'Y It City of Denton city Council Minutes November 19, 1991 Page S Council Member Trent stated that lie originally preferred Plan B. But on further examination, felt there was not much difference between Plan A and Plan B. He had a feeling that the preponderance of the desires of the voters in Denton moved toward ono particular option. He felt that Plan E enhanced representation of the Blacks, Plan E enhanced the representation of Hispanics, and Plan E enhanced the representation of students. He favored Plan E which he felt was the best option. , Council Member Perry felt that option A met the mandates for "one man, one vote" and maintained minorities in accordance with the voting laws. zn view of comments by a minority council Member, he was influenced toward Option A. He felt Option A met all of the mandates and caused the least amount of difficulty in the rearrangement of the boundaries. Mayor Castleberry stated that he was pleased with the interest of the students and their appearance at both public hearings. He hoped the students would look at themselves as citizens of Denton and not just students in Denton. He was more comfortable with Option E because of the minority concentration. He thought it was good that less county precincts were split with option E which might result in less confusion at voting time. He felt there would be no problems with the Justice Department with Plan E but was concerned with Plan A. Council Member Smith stated that there had been a marvelous display of solidarity from the student population, she appreciated and admired that undertaking. she stated that Option E was her choice, she felt It enhanced the minority population. She did share some of Mrs. Brock's concerns regarding an enclosed inner city district because it had no room to move but believed that Option E would be her choice. Council Member Alexander stated that he was personally affected by the redistricting plans. Cinder the City Charter., a Council Member was not allowed to serve more than three consecutive terms from the same seat. He lived in Township II which would move from District one to District four in Plan E. That would allow him to seek another term on the City Council. He had riot allowed that to affect his thoughts in this decision. He echoed the previous compliments made to the students. He was convinced that the council was not predetermined on how they were going to vote. He had seen Council Members change their minds over the past several days and during the last public hearing. They had heard well what was said to the Council. He stated that he planned to vote for Plan A. He felt it was a serious problem when voting on a redistricting plan that would affect minority representation in the City of Denton City Council Minutes November 19, 1991 Page 9 years ahead if the Council did not pay attention to the recommendations, particularly of the NAACP, in this matter. He respected the recommendation of the LULAC representative. At the present ime, there was a significant Black population in Denton but it was not strong enough in numbers to be assured of electing a representative from any single district, even if there was a 6-1 plan. What Denton had over the last ten years, since the adoption of th3 current 4-2-1 plan, was the election three times of a Black + woman to the Council at-large and the election four times, during that period, of a Black man from District one which was constituted very close to the way that it was presently constituted. After weighing the ramifications of that point, he felt it would be a F,. mistake if the lines of District one were significantly redrawn. The net effect of that might be to reduce the chances, In the future, that there would be a Black representative serving from that District on the Council. Unless someone could show him a different idea that he had not thought about, he would be voting for Plan A. Mayor Pro Tem Hopkins stated that it was very disturbing to have the LULAC representative express that Plan 7 was best and to have the NAACP representative and others express that Plan A was best. She felt that it had been proven in Denton that minorities were not disenfranchised. The council had worked on a 6-1 plan. She had asked several times for a Charter Revision Committee. Staff was currently working on that project. A majority of the Council had voted within the last few weeks to have the Manager and his staff prepare a plan for a Charter Revision committee and a timetable. Council Member Trent stated that it appeared to him that Plan E enhanced the representation of the minorities. If that was what the Council was trying to do, how could one vote in favor of Plan A and expect to do that. Council Member Alexander replied that it depended on how "enhancement" was defined. If the objective was to try to create a district where a minority would in fact have a majority, then a good case could be made that Plan E enhanced minority voting strength. It clearly did in District one. Unfortunately, at the same time, it reduced the voting strength of minorities in some of the other districts, particularly District Four.. With the desegregated nature of the Denton population, that was a factor of s inportance. Council Member Trent asked if a reduction from 7t to 5% in District Four characterized the kind of reduction which would have any effect on those numbers. r City of Denton City Council Minutes November 19, 1991 Page 10 Council Member Alexander replied that it was a matter of degree and marginality. Council Member Trent stated that District One had a significant effect. Council Member Chew stated that one must look at what would be placed in District One. There would be a greater impact on what was being placed in District one with Pl,rn E. Traditional minority voting strengths would be separated and diluted. The following ordinance was considered:, AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REVISING THE BOUNDARIES OF THE SINGLE CITY COUNCIL MEMBER ELECTION DISTRICTS BASED UPON THE 1990 CENSUS; AND PROVIDING FOR AN EFFECTIVE DA'Z'E. (PLAN E) Trent motioned, Smith seconded to adopt the ordinance which would revise the boundaries of the four single member election districts in the City in accordance with option E. On roll vote, Trent "aye", Alexander "nay", Hopkins "nay", Smith "aye", Chew "nay", Perry "nay", and Mayor Castleberry "aye". Motion failed with a 3-4 vote. The following ordinance was considered: No. 91-175 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REVISING THE BOUNDARIES OF THE SINGLE CITY COUNCIL MEMBER ELECTION DISTRICTS BASED UPON THE 1990 CENSUS; AND PROVIDING FOR AN EFFECTIVE DATE. (PLAN A) Chew motioned, Perry seconded to adopt the ordinance which would revise the boundaries of the four single member election districts in the city in accordance with Option A. on roll vote, Trent "nay", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "nay". Motion carried with a 5- 2 vote. 4. Consent Agenda Mayor Castleberry noted that Item 4.A.1. ° Bid #1295 would be palled from consideration. Perry motioned, Chew seconded to approve the Consent Agenda as presented. Motion carried unanimously. k it i City Of Denton City Council Minutes November 19, 1991 Page 11 A. Bids and Purchase Orders: 2. Bid #1296 - Water Meters 3. Bid #1293 - Reroof Fire Station #2 4• Bid #1299 - Lease/Purchase Financing B. Tax Refunds 1• Considered approval of a tax refund to Farmers & Merchants State Bank for $883.54. 2. Considered approval of a tax refund to Musket Corporation for $1,629,18, 3. Considered approval of a tax refund to Musket Corporation for $1,699,26. 4• Considered approval of a tax refund to Musket Corporation for $1,691.91. Item 6.C, was moved ahead in the agenda order.. 6• Resolutions C. The Council considered approval agreement and resolution of City of eDenton Industrial Development Authority with respect to the issuance of bonds for Safety-Kleen Corp, Mayor Pro Tem Hopkins left the meeting with a possible conflict of interest, John McGrarie, Executive Director for Finance, stated that the City of Denton Industrial Development Authority had been petitioned to issue $2.43 million worth of bonds in order to refinance an industrial development bond which was originally issued through the Authority in 1985. The request had come in order to take advantage of the recent drop in interest rates. reviewed by the City's bond counsel and fThe prooal had n inancials advisor bwho recommended that the city proceed with the issue, The Industrial Development Authority had approved to Council the resolution. . 40 r 'I City of Denton City Council Minutes November 19, 1991 Page 12 i The following resolution was considered: NO. R91-071 A RESOLUTION APPROVING AN AGREEMENT AND RESOLUTION OF THE CITY OF DENTON INDUSTRIAL DEVELOPMENT AUTHORITY WITH RESPECT TO THE ISSUANCE OF BONDS FOR SAFETY-KLEEN CORP. 4 Chew motioned, Trent seconded to approve the resolution. On roll vote, Trent "aye", Alexander "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Mayor Pro Tem Hopkins returned to the meeting. The Council returned to the regular agenda order. 5. Ordinances A. The Council considered adoption of an ordinance accepting a competitive sealed proposal and awarding a contract for purchase of materials, equipment, supplies or services. (4.A.2. - Bid #1296) The following ordinance was considered: No. 91-176 AN ORDINANCE ACCEPTING A COMPETITIVE SEALED PROPOSAL AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING POR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. Trent 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 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. (4,A.3. - Hid ,#12930 4.A.4. - Bid #1299) This following ordinance was considered: r. City of Denton City Council Minutes b' November 19, 1991 Page 13 No. 91-177 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. 4 Smith 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 carried unanimously. C. The council considered adoption of an ordinance accepting a competitive sealed bid and awarding a contract for Section 125 flexible benefit plan administration services to Anthem Life Insurance Company; and providing iar the expenditure of funds therefor. (Bid #1291) The following ordinance was considered: NO. 91-178 AN ORDINANCE ACCEPTING R COMPETITIVE SEALED BID AND AWARDING A CONTRACT FOR SECTION 125 FLEXIBLE BENEFIT PLAN ADMINISTRATION SERVICES TO ANTHEM LIFE INSURANCE COMPANY; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. Alexander motioned, Hopkins seconded to adopt the ordinance. Council Member Trent asked where the $6700 savings would show in the budget. City Manager Harrell replied that it would be reflected in the administrative charges for personnel in the General Fund balance and would flow over into the General Fund balance for the next year. On roll vote of the ma?.n motion, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. D. The Council considered adoption of an ordinance accepting a tract of land, as shown in the dedication deed executed by William V. Rainey and Wale H. Rainey, attached hereto, for street anO,, utility purposes. c, s City of Denton City Council Minutes N November 19, 1991 Page 14 Rick Svehla, Deputy City Manager, stated that the dedication would involve the construction of Nottingham included in the 1986 bond issue. This dedication would complete the final requirements for right-of-way on Nottingham. The following ordinance was considered: No. 91-179 AN ORDINANCE ACCEPTING A TRACT OF LAND, AS SHOWN IN THE DEDICATION DEED EXECUTED BY WILLIAM V. RAINEY AND WALE H. RAINEY, ATTACHED HERETO, FOR STREET AND UTILITY PURPOSES; AND p DECLARING AN EFFECTIVE DATE. Smith motioned, Chew seconded to adopt the ordinance, on roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Ferry "aye", and Mayor Castleberry "aye". Motion carried unanimously, E. The Council considered adoption of an ordinanc: approving the purchase of a utility easement from Patsy L. Hutton; and authorizing expenditure of funds. City Manager Harrell stated that at the last meeting a concern had been raised over the notary public signature. That had been corrected and the ordinance was ready for Council consideration, The following ordinance was considered: No. 91-180 AN ORDINANCE APPROVING THE PURCHASE OF A UTILITY EASEMENT FROM PATSY L. HUTTON; AUTHORIZING EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Hopkins seconded to adopt the ordinance. On roll vote, Trent 'laye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. F. The Council considered adoption of an ordinance approving the 1991 tax rolls. City Manager Harrell stated that this was an annual approval of the formal receipt of the tax rolls. The following ordinance was considered: c t City of Denton City Council Minutes November 19, 1991 Page 15 No. 91-181 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING '.iiE 1991 TAX ROLLS; AND PROVIDING FOR AN EFFECTIVE DATE. Chew motioned, Hopkins seconded to adopt the ordinance. On roll vote, "Trent "aye", 'Alexander "aye", Hopkins "aye", Smith "aye", } Chew "aye "I Perry "aye", and Mayor Castleberry ''aye'', carried unanimously. Motion G. The Council considered adoption of an ordinance in settlement of Cause No. CA-4:90-CV-183, Bo stones et a v. C~ h_ rysler Cor ora iorl- The following ordinance was considered: No. 91-182 AN ORDINANCE OF THE, CITY OF DENTON, TEXAS, APPROVING A COMPROMISE SETTLEMENT AGREEMENT OF THE CITY OF DENTONfS SUBROGATION CLAIM IN DOUGLAS A, BOYDSTO ET AL V. CHRY_ 6LE~1 CQRP_ ORATION; AND DECLARING AN EFFECTIVE DATE. Perry motioned, Alexander seconded to adop*. the ordinance. On roll. ChewiTrent "aye'rAlexander "aye", Hopkins "aye", Smith "aye", Y , Perry y , and Mayor Castleberry Playe". Motion carred unanimously. a settlementebetweenlthconsidered e C ty ofadoption anof an d Daxa Patel, et pal. The following ordinance was considered: No. 91-183 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SETTLEMENT BETWEEN THE CITY OF DENTON AND DAXA PATEL, ET AL; AND DECLARING AN EFFECTIVE DATE. Alexander motioned, Hopkins seconded to adopt the ordinance. On "aye", olvote, Trent "aye", Alexander "aye", Hopkins "aye", Smith Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously, 6, Resolutions authorizinghthe Mayor to executer an agreement between thesCitylof ti City of Denton City Council Minutes November 19, 1991 Page 16 Denton and County of Denton for the provision of library services. The following resolution was considered: No. R91-069 9 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND COUNTY OF DENTON FOR THE PROVISION OF LIBRARY SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE. + Hopkins 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. B. The council considered approval of a resolution authorizing the City Manager to sign and submit an application to the Texas Department of Housing and Community Affairs for approximately $250,000 in Rental Rehabilitation Program funds. Barbara Ross, Community Development Coordinator, stated that this resolution would approve this submission to the Department of Housing and Community Affairs, an application for $250,000 in rental rehabilitation funds. This was the last resolution of this type as the Federal Government was discontinuing this program and was the maximum amount allowed. The following resolution was considered: No. R91-070 A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION TO THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FOR A RENTAL REHABILITATION PROGRAM GRANT; AND PROVIDING AN EFFECTIVE DATE. Hopkins motioned, Alexander 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, Item C. was considered earlier in the meeting. D. The council approval of a resolution supporting the extension of the runway at the Denton Municipal Airport and petitioning the FAA for matching grant funds. C i City of Denton City Council Minutes November 19, 1991 Page 17 Rick Svehla, Deputy City Manager, stated that the proposed resolution was to encourage the FAA to grant Denton funds for airport improvements. Council Member Trent asked what was the amount that the City was seeking. 9 Svehla replied improvements would be $1.1 million but as the City had to have 10%, it was asking for $1 million. Council Member Trent stated that he was in favor of the resolution , in terms of economic development and the possibility of Denton becoming a reliever airport. The following resolution was considered: No. R91-072 A RESOLUTION SUPPORTING THE FUNDING OF THE EXTENSION OF THE RUNWAY OF THE DENTON MUNICIPAL AIRPORT; AND PROVIDING FOR AN EFFECTIVE DATE. Trent motioned, Alexander 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. 7. Miscellaneous matters from the City Manager. A. The Council considered a motion to authorize the Mayor to sign a letter of support from the City Council to the Justice Department and/or others regarding the Texas House redistricting of Denton. Lloyd Harrell, City Manager, stated that at the last meeting the Council requested a letter be drafted for submission to the Justice Department regarding the Texas House of Representatives redistricting plan. The Justice Department, since the last Council meeting, had formally rejected the House redistricting plan and had remitted it to the State of Texas for the redrawing of the boundaries for resubmission. The Governor had given the task to the Attorney General. The council might want to authorize the sending of the letter to put tha City's position on record and might consider sending a copy of the letter to the Governor and the Attorney General.. This would allow for maximum impact. Council discussed whether or not to send a copy of the City's original letter or to draft a new letter. 5r S f 1 City of Denton City Council Minutes November 19, 1991 Page 18 Alexander motioned, Chew seconded to authorize staff to prepare a letter for the Mayor's signature which would be sent to current representatives. on roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye"', Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. The Council took a short recess. Council Member Alexander was not present after the recess. , B. The School Board would like to hold a joint meeting between the Council and the Board. Harrell requested dates which would be convenient for the Council. r Council Member Alexander returned to the meeting. After discussion, tentative dates of December 11 and December 13 were decided. Those dates would be relayed to the School Board for a final decision. C. December 10 would be the council's planning session. Harrell asked for Council Members to help with the agenda. After consideration, it was decided that Mayor Castleberry and Mayor Pro Ten Hopkins would assist the Manager. The Council considered the work Session items not considered earlier. 3. The Co"voil received a report and held a discussion regarding SPAN transportation and the transition to Section 9 Urban Mass Transportation Act Funds and gave staff direction. Lloyd Harrell, City Manager, stated that staff had been working with SPAN regarding the transition to the Section 9 program which the City now qualified for as the City's population had exceeded 50,000. Council Member Chew left the meeting. Mayor Castleberry stated that Council Member Chew was a member of the Board and had to leave the meeting with a potential conflict of interest. Catherine Tuck, Administrative Assistant, provided the Council with background information on SPAN. SPAN began providing fixed route public transportation in Denton in November 1.989. Ridership on the public system had grown from 500 per month in 1989 to a high of l r. City of Denton City Council Minutes November 19, 1991 Page 19 61900 in August of 1991. SPAN was a private, non-profit organization which received funding from many different sourcer,. SPAN's largest source of money was fed ra.l Urban Mass Transportation funding which accounted for $236,899 of the total $590,588 transportation budget. Other sources of funding included the State, the cities of Denton, Lewisville, Sanger, and Denton County. The United Way agencies of Denton County and Lewisville also contributed to SPAN. In 1987, SPAN was recognized as a rural + transportation provider in Denton County by the Texas Department of High,tays and Public Transportation and received funding under Section 18. With the 1990 census, Denton's population was over 50,0)0 which placed it in an urbanized area with funding to be , obtained from Section 9. In order to receive section 9 UMTA funds, thero were several decisions to be made by the City of Denton. A recipient must be designated for UMTA funds and a Metropolitan Planning organization must also be designated. The City needed to decide on how to receive and administer the funds. Staff recommended that the City work with NCTCOG to request the State designate NCTCOG as Denton's Metropolitan Planning Organization. Staff would continue to pursue information regarding the boundaries of the Denton urbanized area from the U. S. Bureau of the Census. Staff also recommended -.:hat the City be designated the recipient and the grantee of the Section 9 funds. This option provided for a direct relationship with UMTA and eliminated the State level. Mayor Pro Tem Hopkins question the option to designate the City as the recipient and the grantee of the funds. She could foresee a request in the next budget year for additional personnel to administer the program. It was not the option of the SPAN Hoard. She would like to hear from members of the SPAN Board regarding the Board preference that the State be designated. Al Murdock, Executive Director of SPAN, stated the Board had also questioned which arrangement would b~ beret for SPAN. Linnie McAdams, SPAN Board, stated that she did not have a problem with the designation of the NCTCOG as the Planning Authority. She was concerned with designating the City of Denton as the designee and recipient for the following reasons: (1) SPAN currently received funds from many different entities. SPAN provided services to all of those entities and needed to be fair to all entities receiving services. Under the present arrangement, the organization was able to negotiate with the various entities and make adjustments in order to accommodate everyone. She foresaw the possibility of Lewisville receivin; an urbanized area designation and wanting to be designated as a grantee recipient. This could possibly create a political problem for SPAN. (2) SPAN had dedicated people who had worked with the programs for a number of II City of Denton City Council Minutes f November 19, 1991 Page 20 r years. They knew how to go after the itrants and what to look for. The City staff, at this point, did not have that expertise. (3) Designating the State would have no impact on the availability of those funds to the City. The State was also aware of the additional grants for SPAN. She was concerned with the political difficulties in designating Denton as the grantee and recipient and how other entities would feel as Denton would have total designee status. She felt it was in SPAN's best interest to have the State ' be designated. Council Member Alexander asked if the State were designated now, did the City have the option to request to be the designee in the future. "r McAdams replied yes. Council Member Alexander stated that he was not yet convinced that it would not be in the city's best interest to assume the responsibility of the funding and to make the commitment to bring on board, the hind of individual needed to do that type of work with the grant programs. McAdams replied that funding at the current time, would probably prohibit the hiring of such a person and that it was helpful to have individuals who were experienced in working with grant programs. Doug wuenschel, Chairman of the Board of SPAN, stated that he would like to work with the City in this area but felt that the State should be the grantee and the recipient of funds for Title 9 funding. The city would lose no benefits. The State was used to ~•orking with UMTA funds and could provide a certain amount of eApertise in the funding area. Council Member Perry felt that designating the State would bring in a new third party to deal with the program. The City might lack a certain amount of knowledge that the State had, but it knew the local routes and citizens. wuenschel replied that would not change. Only the funding would change. The partnership of the City and SPAN would not change. Mayor Castleberry asked about staffing if the city were designated. City Manager Harrell replied that if the City became the grantee, staff would come from currently employed individuals primarily from the Planning Department and supplemented by the City Manager's staff. The city knew that it could not dup]ieate the experience C 1 City of Denton City Council Minutes November 19, 1991 Page 21 and abilities that the current SPAN organization held. The City would look to SPAN to pull the documentation together and City staff would review and finalize the information. The council woulc approve final applications on behalf of the community. Other considerations were the liability questions and the reduced staff throughout the City. Staff did not need another major project to tackle. No other city when faced with this situation, went with the State as the designee. He felt that the City as the designee was the best way to represent the City. The Council would have involvement in shaping the application and more actively helping to direct transportation areas in a cooperative partnership way with SPAN but not stepping back and taking a lesser role. Council discussed the City's responsibility in continuing to monitor service and the possible direction Lewisville was heading. Consensus of the Council was to have the City Manager and Mayor visit with Lewisville representatives regarding these issues. Council Member Chew returned to the meeting. 4. The Council received a report and held a discussion regarding an update on the upper Trinity Regional Water District contracts and gave staff direction. Bob Nelson, Executive Director of Utilities, stated that staff was developing three Denton/UTRWD contracts. They were the interim sale of wholesale raw water; water treatment and transmission service contracts; and joint ownership, development and operation and maintenance agreement. Nelson reviewed the three contracts and options. Detailed information was included in the agenda back-up materials. Council Member Trent asked how this would affect the City if a future year had a greater rate of development than anticipated. Nelson replied that there should be adequate capacity for a number of years. Council Member Trent asked which of the three options would provide the City with the best escape if necessary. Nelson replied the wholesale contract arrangement. City Manager Harrell stated that as the financial analyG~.s was done, it was found that the City's interests were best served with a wholesale contract as opposed to joint ownership. It first was thought that the joint ownership might be financially beneficial to \ v. tI City of Denton City Council Minutes November 19, 1991 Page 22 0onton. If the City took the position with the UTRWD that the Council wanted to do a wholesale arrangement, there was the possibility that as a group the District would reject the concept. If that did occur, the same wholesale arrangement could be offered to the individr.-"1 cities. Council continued debate concerning the options. Hopkins motioned, chow seconded to direct staff to proceed with a wholesale contract concept as discussed. on roll. vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 9. There was no official action taken on Executive Session items as discussed during the Work Session Executive Session. 10. The Council did not meet in Executive Session during the Regular Session. with no further business, the meeting was adjourned at 11:10 p,m. BOB CASTLEBERRY, MAYOR- CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS A000001B f i C, r w i r e CITY OF DENTON CITY COUNCIL MINUTES DECEMBER 3, 1991 The Council convened into the Work Session at 5:15 p.m. in the Civil Defense Room: PRESENT: Mayor Castleberry; Mayer Pro Tem Hopkins; Council Members Alexander, Chew, Perry, Smith and Trent. ABSENT: None 9 1. The Council c:onvcned into the Executive session to discuss legal matters (con-Adered action in Wright v, t of Denton and regarding in re: F2.cw), real estate and personnel/board appointments (considered appointments to the Airport zoning commission and the Zoning Tvsk Force). Mayor Pro Tem Hopkins left the meeting during the discussion of In re: Flow, 2, The Council received a report, held a discussion and gave staff direction regarding options for the greenbelt corridor. Howard Martin, Director of Environmental Services/Financial Administration, reported that as part of water development on Lake Ray Roberts, the city was required to fund recreational facilities on both Lake Ray Roberts and Irewisville Lake. 7:n lieu of convert.ional facilities, the city developed a greenbelt concept with the Federal government paying 37.5% of the cost, the sponsors (Denton and Dallas) paying 37.59. of the cost, and the State participating in 25% of the cost in the farm of up front money with the total cost of development of 'the greenbelt being $9,2 million. As a result of a meeting with the Texas Parks and Wildlife Department, the Army Corps of. Engineers, and the sponsors to discuss contract revisions required to continue with the development, Texas Parks and Wildlife informed the city that they would not be participating in their 25% share of the project which amounted to about $2.3 million. After discussing several options with the Army Corps of Engineers, the conclusion was that the best option would be to continue with the development of the greenbelt in lieu of conventional facilities with the Army Corps of Engineers picking up the up front cost associated with the $2.3 million and allowing the sponsors to repay over a 50 year time period. At their last meeting, the Public Utilities Board recommended to the Council to continue with the development of the greenbelt with the city picking up 26% of the State's $2.3 million which would amount to approximately $600,000. The additional cost increased the total overall cost of the project for the city from $897,000 to $1.5 million. r Y. I City of Denton City Council Minutes December 3, 1991 Page 2 C Council Member Smith inquired as to how many years the city would be making payments of $111,000. Mr. Martin replied that the term would be 50 years at 7.21% '.nterest out of the utility budget. Lloyd Harrell, City Manager, stated that under the terms of the e contract with the Army Corps of Engineers to build Lake Ray Roberts the city was obligated to repay the Corps for a percentage of the project over a 50 ;ear period and was obligated to make recreational improvements at both Ray Roberts and Lewisville according to a formula used on all Corps projects. The greenbelt was the better option for Denton residents. Mr. Martin reported that the Texas Parks and Wildlife Department would continue to operate and maintain the greenbelt so the city would not be obligated for the costs. Coui.cil Member Alexander stated that an important part of the negot Lations with the Corps was their agreement to pay the up front money which resulted in some short term cost savings. Council Member Trent questioned if the Corps would follow through on their commitment. Mr. Martin stated that there was a contractual agreement with the Corps, but that the State never had a contract or an agreement with anyone. Council Member Trent suggested an attempt be made to get additional funding through Congress. Mr. Martin reported that it was difficult to get the re- authorization for the increase in the original greenbelt for land costs and funds from Congress could not be guaranteed. The city would continue to explore with the Army Corps of Engineers the option of going to Congress for more funding. Council Member Perry recommended that the city continue to work with the state for additional funding. The consensus of the Council was to recommend option #3 which continued the greenbelt development with the city picking up their portion of the state's funding and continuing to explore all possibilities of funding with the Congress and the State. 3. The Council reviewed and authorized a letter of response to i:h,? Legal Defense Fund of the Texas Hotel/Motel Association. 4 City of Denton City Council Minutes December 3, 1991, Page 3 John McGrane, Executive Director for Finance, reported that the city had received a letter from Donald Hansen, Secretary-Treasurer of the Legal Defense Fund of the Texas Hotel/Motel Association, queeceistivedoning omthereuse of roomse within ethe tcityolimits, The the draft response letter stated the city had contractual arrangements with all of the organizations, in particular in the area of the arts because of Mr. Hansen's concern that the city was over the State's legislative limit on how much could be provided for the arts. The " letter outlined that the city had two contracts with the arts, one actually or the arts and one for the building fund which expires in the '+p.rina of 1992. The response letter had been reviewed by the City Attorney. Council Member Smith suggested that the letter from the city should include the purpose of the contract for the building fund which was the renovation of the old steam plant to make it an auditorium for the performing arts. Council Member Trent questioned if the contract outlined a commencement and completion date. City Attorney Debra Drayovitch stated that the contract did not provide for a commencement or completion date. The funds were tax funds and could only be spent as authorized by the legislature. Even though there was no specific time line in the contract, the funds could not be spent for any other purpose. The consensus of the council was to send the letter with the suggested change. 4. The Council received a report and gave staff direction regarding paying a refund to electric utility customers in the City of Denton from surplus funds resulting from lower gas costs in 1991. , Howard Martin, Director of Environmental Services/Financial Administration, reported that in Fiscal Year 90/91 the city had an energy cost adjustment for city fuel charges budgeted at At the end of the fiscal year,, the city's average annual gas cost was actually 1.6C. The overcharge amounted to an approximate $2.3 million. The Public Utilities Board recommended a refund by check of .34 per kwh to all city electric customers. The recommendation would be to issue checks to all active electric customers that received service from October 1990 through September of 1991. The city would also advertise in the Dallas/Fort Worth metroplex for inactive customers that had left the system but had service during the refund time F City of Denton City Council Minutes December 3, 1991 Page 4 period. The customers would he allowed to make application for refund. Rebates of $5 or lest:) would be credited to the account. Those customers with past due accounts would have their rebates automatically applied to their account. Mayor Pro Tem Hopkins questioned if there ware any special. legal problems involved with the refund. + Debra Di.ayovitch, City Attorney, stated that she was still looking at the offset: on the past due/delinquents and what obligations would apply to notifying people that were not currently active accounts. The City Attorney stated that checks issued to persons not ourren':1y active would have to go the State's unclaimed money fund if the checks were not claimed . Jahn McGrane, Executive Director of Finance, stated that the Public Utilities Board had agreed to the option of application for those that were not current customers because of the State requirement that the check wo).ld have c.a be held for two years if it were not claimed. Mayor Pro Ten Hopkins questioned what the expense would be in cutting and mailing the checks and thought there would bo more to rebate if the customers >aould have their accounts credited. Mr. Martin stated that tLa maximum cost in rebating by check would be less than $15,000 and would be covered by tho excess funds, Council Member Alexander :Mated t1lat the :rebate would generate an enormous amount of goodwill with our utility customers. The consensus of the Council wag to work out the legal issues and proceed with the necessary ordinance for the refund to be presented to Council on December 17th. 5. The Council received a report and held 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 gave staff direction. Frank Robbins, Executive Director for Planning and Community Development, stated that currently members of two of the city's appeals boards were in violation of Article 14.04, Personal Interest of the City Charter because they are engaged in the sale of products or services to the city. The board members would not be illegal or in violation of the Charter to bid on city contracts or s<tl.es. The violation occurred when the person remaliied a member of a board that made a final decision on appeals. Several options r. s i.i ti City of Denton City Council Minutes ` December 3, 1991 Page F were outl.ned in the agenda information provided to the council and disnussed by Mr. Robbins. Discussion of the of pros and cons of the options was held. Council Member Alexander recommended that Council direct staff to , find a mechanism to develop a pool of names for board and commission appointments especially those which required technical qualifications. The city needed to aggressively seek a list of names that would be eligible for service and make the list available to the Council when appointments were necessary. Mayor Pro Tem Hopkins recommended that an effort should be made to speak to the major Denton employers who had people on their staff with the expertise needed. The consensus of the Council was for option #7 which was to follow the City Charter. The Council convened into the Regular Session at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Hopkins; Council Members Alexander, Chew, Perry, Smith and Trent. ABSENT: None 1. Pledge of Allegiance. The council and members of the audience recited the Pledge of Allegiance. 2. The Council considered approval of the minutes of the regular session of November 5, 1991. Perry motioned, Chew seconded to approve the minutes of. November 5, 1991. On roll vote, Trent "aye", Alexander "aye", Hopkins Faye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 3. Citizen Reports A. The council received a citizens report from Carl Young regarding a Police Review Board. Mr. Young distributed materials to the City Council and stated that he would like the City Council to consider formation of a police review board. Mr. Young stated that the information outlined several incidences in which harassment by the Denton City Police had occurred. Mr. Young indicated tliat a review board allowed a w ~ I 4 City of Denton City Council Minutes December 3, 1991 Page 6 check and balance system and created a spirit of cooperation between the police and citizens. Mr. Young stated that the problems with the police resulted from the city's budgeting process and the necessity to collect monies from fines. B. The Council received a citizen report from Artist Thornton regarding a Police Review Board. Mr. Thornton did not appear. Council Member Alexander stated that City Council, was concerned about the quality of police service in Denton. He stated that the consensus of those he knew who had studied criminal justice and law enforcement was that a police review board was not something that a community like Denton would want. Mr. Alexander pledged that the City Council would be vigilant in protecting the interests of the citizens of Denton. Mr. Alexander also stated that the City council demanded that complaints filed with the Police Department be thoroughly reviewed and reported as appropriate. Mr. Young stated that Joyce Young had filed a complaint with the Police Department and was unable to obtain a copy of the complaint from them. Council Member Alexander stated that a process for filing and handling complaints with the Police Department in Denton was in place. Council Member Trent stated that the City Council would look at the possibility of a police review board. He stated that the issue of budget pressures being a part of the police problem was not true, and fines would not be used to Increase revenues. B. The Council received a report from Artist Thornton regarding a Police Review Board. Mr. Thornton arrived and was allowed to address the City Council. Mr. Thornton presented a petition with 1,068 signatures from citizens requesting a police review board. The petition stated that the board was needed for the City of Denton Police Department as a check and balance system and felt the city should not feel threatened by the establishment of the board. Mr. Thornton felt that the City Council was not living up the expectations of their constituents. He stated that a board provided a comfort zone for citizens filing a complaint. Council Member. Chow stated that a meeting had been held several weeks ago with Mr, Young, students from the universities, the Mayor m City of Denton City Council Minutes December 3, 1991 Page 7 and the Police Chief in which the group had been encouraged to have complaints processed through the system that was in place for handling complaints. Mr. Chew asked if any of the problems discussed at the meeting had been processed through the proper channels either with the Chief of Police, the City Manager, or the Mayor's Office. + Mr. Thornton stated that many people were afraid to come forward and file their complaints, council Member Chew questioned how the group could state that the system did not work if they had not tried it. Mr. Thornton stated that they could not try the system because they were too afraid to approach the system. Council Member Chew responded that until the system in place had been tried and proved that it did not work, he could not support the need for a review board. The problems presented needed to be taken care of through the system. If. it were proven that the system did not work, then there would be a reason to pursue the possibility of a review board. Lloyd Harrell, City Manager, stated that the current procedure for review of alleged violations concerning the Police Department placed responsibility for investigations with the City Manager with the assistance of the Police Chief. Ile stated that the message the city was sending was that the police officers were misbehaving to a point that the Police Chief could not adequately investigate misbehavior when those allegations were brought forth. Mr. Harrell stated that was not the case. The Police Chief and the Internal Affairs Division conducted thorough and complete investigations and would continue to do so with each complaint. Mayor Castleberry stated that a meeting with Mr. Thornton and Mr. Young including the Police Chief would be scheduled in the future. 4. The Council held a public hearing and considered adoption of an ordinance rezoning a 13,460 square foot tract of land located at the southwest corner of Fannin and Bernard Streets from the SF-7 (single family) to the 2F (two family) district, Z-91-016 (The Planning and Zoning Commission recommended approval.) Frank Robbins, Executive Director for Planning and Community Development, stated that the recommendation of the ordinance would be to rezone the tract of land at Fannin and Bernard Streets from single family to two family. The Planning Department had received ( only two verbal replies in approval and no replies in opposition \ from the 32 reply forms sent. The potential platting and w c r. City of Denton City Council Minutes December 3, 1991 Page 8 development would change from single family to two family in accordance with the zoning ordinance for the 2F district. The Mayor opened the public hearing. John C. Johnson, owner of the two lots, stated that he was requesting rezoning in accordance with the Development: Guide. He q also stated that approval of the zoning request contributed in a small way to a solution of the growing problem of persons unable to own their own homes in Denton. The rezoning request would assist in providing decent, affordable rental hous4ng for fouv families. No one spoke in opposition. Mayor Castleberry closed the public hearing. The following ordinances was considered: 91-183A AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM ONE-FAMILY DWELLING (SF-7) TO TWO-FAMILY DWELLING (2F) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 13,460 SQUARE FEET OF LAND LOCATED AT THE SOUTHWEST CORNER OF FANNIN AND BERNARD 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. 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 carried unanimously. 5. Consent Agenda Council Member Trent asked that Item 5.A.; be pulled for discussion. Hopkins motioned, Chew seconded to approve the Consent Agenda with the exception of item 5.A.2. On roll vote, Trent "aye", Alexander. "aye", Hopkins "aye", Smith "aye", Chew '0aye", Perry "aye", and Ma~~or Castleberry "aye". Motion carried unanimously. A. Bids and Purchase Orders 1. Bid #1294 - Tree Trimming 3. Bid #1300 - Concrete Containment Tank C A~ f City of Denton City Council Minutes December 3, 1991 Page 9 4. Bid #1305 - Nottingham Drainage Improvements Council Member Trent questioned that the agenda back up indicated that Caterpillar was the only manufacturer and if other manufacturers of landfill compactors had been contacted and their response. Tom Shaw, Purchasing Agent, stated that distributors for landfill , compactors were researched after reccl.ving only one response to the Request for Bid. Rex and Bomag distributors were solicited for bid and chose not to reply. Caterpillar was the only manufacturer of a four-wheel compactor. Council Member Trent questioned how the decision was made to purchase the 816 instead of the 826. Charles Watkins, Superintendent/ Solid Waste, stated the decision was based on the fact that the machine was adequate to handle the volume of solid waste received at the landfill. The current machine was adequate, but unreliable. The larger unit would cort an additional $100,000. Alexander motioned, Chew seconded to approve Consent Agenda Item 5.A.2. on roll vote, Trent "aye", Alexander "av-,j Hopkins "ayes" Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion car ied unanimously. 6. Ordinances A. The Council considered 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 #1294, 5.A.2. - Bid #1298, 5.A.3. - Bid #1300) The following ordinance was considered: 91-184 AN ORDINANCE ACCEPTING A COMPETITIVE SEALED PROPOSAL AND AWARDING A CONTRACT FOR PURCHASE OF MATERIALS, 6Q'IIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. Alexander motioned, Hopkins seconded to adopt the ordinance. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith Faye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. r. ~i 1 City of Denton City Council Minutes December 3, 1991 1 Page 10 B. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. (5.A.4. - Bid ,#1305) The following ordinance was considered: 91-185 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN ' EFFECTIVE DATE. Hopkins motioned, Smith seconded to adopt the ordinance, on roll. vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "ayell, Motion carried unanimously. C. The council considered adoption of 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 members of such system who, at the effective date of t,',o allowance, are in the employment of the City of Denton; and +?oviding for increased prior and current service annuities for retirees of the city, Ike Obi, Personnel Specialist, stated that the ordinance implemented service credit updates for 1992 calendar year and would take effect January 1, 1992. Funding was approved in the 91/92 fiscal year budgeting process. One of the advantages of the program ensured employee benefits were updated using their most recent three year salary and authorized the city on an annual basis to implement the program on a repetitive basis and eliminated the necessity to acquire annual City Council approval, The ordinance also brought current retirees monthly benefits to 70% in line with cost of living increases. l r. A City of Denton city council Minutes December 3, 1991 Page 11 The following ordinance was considered: 91-1.86 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 MEMBERS OF SUCH SYSTEM WIIO, AT THE EFFECTIVE DATE OF THE ALLOWANCE, ARE IN THE EMPLOYMENT OF THE CITY OF DENTON; PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE ANNUITIES FOR RETIREES OF THE CITY; AND ESTABLISHING AN EFFECTIVE DATE. Alexander motioned, Smith seconded to adopt the ordinance. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "ayes', and Mayor Castleberry "aye". Motion carried unanimously. D. The Council considered adoption of an ordinance authorizing the Mayor to execute Amendment No. 1 to the agreement between the CSty of Denton and Alan Plummer and Associates, Inc, relating to proZessional engineering services for the design of the Pecan Creek Wastewater Treatment Plant; and authorizing the expenditure of funds. (The Public Utilities Board recommended approval.) Howard Martin, Director of Environmental Services/Finaricial Administration, stated that Alan Plummer and Associates, Ino. was designing improvements to bring the Pecan Creek Wastewater Treatment Plant into eomp.lianco and for plant expansion, in May, 1991, the city entered into the agreement for the detailed design engineering services. At the time, the city did not have enough information to proceed with detailed designs se items M through Q were identified as needing preliminary designs. Items M through Q of the contract dealt with electric power to the plant, plant instrumentation, and renovation of some of the buildings. The preliminary designs were completed for the items and approval of the ordinance would allow Alan Plummer and Associates to proceed with detailed designs, The cost to complete the detailed design would be $96,100. Mayor Pro Tem Hopkins questioned whether the monies for this contract were all ready in house or would additional bonds need to be sold. Mr. Martin stated that the money for the detailed design was in the 1992 CIP. However, the monies for the actual improvement to the items were budgeted in the 1990 CIP and bonds would need to be sold. ; City of Denton City Council Minutes December 3, 1991 Page 12 The following ordinance was considered: 91-187 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO, 1 TO THE AGREEMENT BETWEEN THE CITY OF DENTON AND ALAN PLUMMER AND ASSOCIATES, INC. RELATING TO PROFESSIONAL ENGINEERING SERVICES FOR THE DESIGN OF THE PECAN CREEK WASTEWATER TREATMENT PLANT; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING AN EFFECTIVE DATE. .P Alexander motioned, Chew seconded to adopt the ordinance. on roll vote, Trent "aye", Alexander "aye", Hopkins t'ayell, Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously, E. The Council considered 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. Barbara Ross, Community Development Coordinator, stated that during the summer of 1990 the Council approved the CDBG Final Statement of objective Use of Funds for the program year which included a Police Athletic League Program, The program was designed for the police to reach low income children and work with them prior to the onset of any negative influence in their lives. During the last year, the Police Athletic League formed a 501-C3, and thus it was appropriate to have a contract with the League for the expenditure of the funds. Funds have been used for equipment and participation in baseball, basketball, etc. The following ordinance was considered: 91 188 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 'T'HEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. Chew motioned, Smith seconded to adapt the ordinance. On roll vote, Trent "aye", Alexander "aye", Hopkins Faye", Smith "aye", Chew "aye", Perry "aye", and Mayer Castleberry "aye". Motion carried unanimously. i 4 City of Denton City Council Minutes December 3, 1991 Page 13 F. The Council considered adoption of an ordinance amending Article 12 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. (The Building Code Board recommended approval.) Frank Robbins, Executive Director for Planning and community ~ Development, stated that the Building Code Board recommended an increase in the fees including a 20% plan review fee for one and two family development, a 50% plan review fee for other building permits, a $20 reroofing permit fee, and a $10 certificate of occupancy fee. Denton's fees were substantially lower than most other in the Metroplex, and the Major Budget Issues item had proposed a 50% across the board fee increase which would have been charged as a plan review fee. The Building Code Board worked on the ordinance from August through October and established an actual cost of service. The result of the analysis established that 50% would not cover the total cost for most kinds of non-residential building permits, but that a 50% increase for single and two-family development was more than what it actually cost to do the review. Council Member Trent stated his concern that no one from the Home and Apartment Builders organization or the chamber had reviewed the ordinance. Mr. Trent also stated that through the month of September Denton had seen an increase in single family permitting. He expressed concern that the fee increase would discourage development. Mr. Robbins stated that the Chairman of the Building Code Board was an active member of the Chamber. Mayor Pro Tem Hopkins questioned how the fee for a building permit was determined. Mr. Robbins stated the building permit fee used a multiplier of the square footage of a residential building. Mayor Castleberry requested that the item be brought back at a later time with additional information. Council Member Perry questioned how long the ordinance had been under consideration by the Building Code Board and unanimously approved by the board. Mr.. Robbins stated that the Building Code Board began consideration \ at approximately the same time the Major Budget issue document was City of Denton City Council Minutes December 31 1991 Page 19 prepared toward the end of May with more discussion in August and September. The following ordinance was considered: w AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS ("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; PROVIDING FOR A PENALTY IN THE AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Trent moved that the ordinance be postponed to date certain, Hopkins seconded the motion, on roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "nay", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. G. The Council considered adoption of an ordinance amending Sections 28-121 (8) and 28-210 of Chapter. 28 (Building and Building Regulations) of the Code of ordinance, by amending the minimum fees for permitsj amending Section 28-297 (3) providing for fees for the inspection of swimming pools, hot tubs and spas; and providing for a severability clause. (The Plumbing and Mechanical Code Beard and the Electrical Code Board recommended approval.) Frank Robbins, Executive Director for Planning and Community Development, stated that the ordinance increased the minimal electrical and plumbing permit fees from $7.50 and $10.00 to $15.00 and increased swimming pool permit fees from $20 to $30 and from $50 to $75 depending on whether the pool were public or private. The Plumbing and Mechanical Code Board and Electrical Code Board unanimously recommended approval of the fees. The following ordinance was considered: 91-189 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, 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) PROVIDING FOR FEES FOR THE INSPECTION OF SWIMMING POOLS, HO'T' TUBS AND SPAS; PROVIDING VOR A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE, Perry motioned, Chew seconded to adopt the ordinance. On roll C vote, Trent "aye", Alexander "aye", Hopkinn "aye", Smith "aye", 4 ,3 City of Denton City Council Minutes December 3, 1991 Page 15 Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. q H. The Council considered adoption of an ordnance authorizing the Mayor to execute an agreement between the City of Denton and Albertson's Inc. for participation in the construction of a sixteen (1611) inch water main to serve the City's utility system) and providing for the expenditure of funds. Lee Allison, Director of Water Operations and Engineering, stated that the ordinance was for a basic oversize agreement for a 16" line as outlined in the Master Plan instead of the 8" line Albertson0a had requested. Albertson's indicated that they preferred to work on a competitive bid basis in which case the city would establish a maximum participation amount of $14,743. The following ordinance was considered; 91-189A AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMtNT BETWEEN THE CITY OF DENTON, TEXAS AND ALBERTSON'S INC. FOR PARTICIPATION IN THE CONSTRUCTIO:; OF A SIXTEEN (1611) INCH WATER MAIN TO SERVE THE CITYfS UTILITY SYSTEM) PROVIDING FOR THE EXPENDITURE OF FUNDS; AND PROVIDING 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 "ayall. Motion carried unanimously. 7. Resolutions A. The Council considered 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 recommended approval.) Lee Allison, 01rector of Water Operations and Engineering, stated that the heat pump industry had a system that worked off of a water distribution system for heating and air conditioning, Many problems were associated with the systems in regards to environmental, health and regulatory issues, New rules and regulations coming from the Environmental Protection Agency and the Texas Water. Commission regarding lead and copper which are very common in heat pump systems could put more copper and lead into the e City of Denton City Council Minutes December 3, 1991 C Page 16 city's system. The proposal was that these systems be unmetered, The Texas Municipal League had taken similar action. The following resolution was considered: 9 R91-072A 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, AND DECLARING AN EF'F'ECTIVE DATE. Trent motioned, Alexander 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. B. The ^ouncil considered approval of a resolution authorizing the Deputy City Manager to execute, in the City Manager's absence, documents on behalf of the City and authorizing the 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 control. Debra Dr.ayovitch, City Attorney, stated that the resolution was a housekeeping matter which would serve to ratify the existing procedure followed by the city staff and allowing the Right-Of-Way Agent to accept deeds and dedications that were either donated to the city in the course of road or other project construction and also to formally recognize the Deputy City Managerfs authority to execute contracts and other legal. documents on behalf of the city when the city Manager was absent and would forestall any legal challenges to the actions, The following resolution was considered., P91-073 A RESOLUTION AUTHORIZING THE DEPUTY CITY MANAGER TO EXECUTE, IN THE CITY MANAGER'S ABSENCE, DOCUMENTS ON BEHALF OF THE CITY AND AUTHORIZING THE RIGHT-OF-WAY AGENT TO ACCEPT EASEMENTS, DEEDS AND OTHER CONVEYANCE OY REAL PROPERTY ON BEHALF OF THE CITY OF DENTON AS MAY BE REASONABLY RELATED TO MAINTENANCE AND IMPROVEMENT OF UTILITY CERVICES, DRAINAGE AND 'T'RAFF'IC CONTROL. Alexander motioned, Chew seconded to approve the resolution, on roll vote, Trent "aye", Alexander. "aye", Hopkins "aye", Smith ~ City of Denton City Council Minutes December 3, 1991 4% Page 17 "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. s. Miscellaneous matters from the City Manager. Llod Harrell city Planning session would abegheld next week Gand begin at 4:00 p.m. Yein the Civil Defense Room. 9. Official Action on Executive Session Items: " D. Board Appointments Hopkins motioned, Trent seconded to appoint Rob Rayner as a member of the Zoning Task Force, on roll vote, Trent "aye", Alexander "aye", Hopkins "aye,', Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Trent moved, Perry seconded to accept the recommendation of the Planning and zoning commission and the Airport, Advisory Board to name throe members from each of the respective commissions to serve on the Airport Zoning Commission which were, from the Planning and Zoning Commission, Roy Appleton III, Ivan Glasscock, and William Kammant and, from the Airport Advisory Hoard, Allie Miller, George Gilkison, and Rick Woolfolk and included as an alternate John nayeembaSmith On roll Chew "aye$',t Perry 11"aY andsMayor Castleberry "aye". Motion carried unanimously. 10. New Business The following items were suggested by Council Members for future agendas: A. Council Member Hopkins stated concern over allowing , issue revision street O the sign would ordinance. next city addressed tduri g the over 11. The Council did not meet in Executive Session during the Regular Session, c~ ' 1t5 City of Denton City Council Minutes" December 3, 1991 Page 18 With no further business, the meeting was adjourned at 8:52 p.m. BOB CASTLEBERRY, MAYOR CITY OF DENTON, TEXAS BETTY WILLIAMS DEPUTY CITY SECRETARY CITY OF DENTON, TEXAS AMM0008C C 4 V. CITY OF DENTON CITY COUNCIL MINUTES TUESDAY, DECEMBER 10, 1991 The City Council. convened into the Planning Seminar Update at 4:05 p,m. in the Civil Defense Room. Present: Mayor Castleberry; Mayor Pro Tem Hopkinst Council Members o Alexander, Chew, Perry, Smith and Trent. 11 The City Council received reports from the City's Executive Staff on activities for the next six months. A. The Council received a report from Frank Robbins, Executive Director of Planning and Development, on departmental activities occurring in the next six months (December through May). B. The Council received a reoor.t from Betty McKean, Executive Director of Municipal. Services/Economic Development, on departmental activities occurring in the noxt six months (December through May). C. The Council received a report from John McGrane, Executive Director of Finance, on departmental activities occurring in the next six months (December through May). D. The Council received a report from R. E. Nelson, Executive Director of Utilities, on departmental activities occurring in the next six months (December through May). E. The Council received a report from Hick Svehla, Deputy City Manager., on departmental activities occurring in the next six months (December through May). 2. The City Council received a report and held a discussion regarding ongoing capital improvement projects. Deputy City Manager. Rick Svehla reported on the status of ongoing capital improvement projects. 3. The City Council received a report and held a discussion regarding a proposed schedule to complete the approved CIP and discuss future bond proposals, City Manager Lloyd Harrell presented the status of the citylo bond program and reviewed potential alternatives for funding future CIP improvements, A memorandum on 1992 CIP funding issues was presented to the Council, The City Council recessed at 6:10 p,m, and reconvened at 6:43 p.m, in the City Managers Conference Room, City of Denton City Council Minutes December 10, 1991 Page 2 4. The City Council r. ived a report and held a discussion regarding the status of city council Goals for 1991. City Manager Floyd Harrell provided a summary of the status of the 1991 Council goals. Councilmember John Trent asked how much Community Development Block Grant funding had been spent on demolition activities. Councilmember Harold Perry requested a cost••henefit analysis of the city's economic development efforts, including an analysis by the city's new internal auditor. ~r Councilmember Jane Hopkins stated a need for the City Council to consider the appointment of a citizens charter revision commission. At a minimum, she suggested that the item be placed on a future agenda In order to decide one way or another. Councilmember Perry stated that he did not think a committee was necessary since major charter changes were unnecessary. Councilmember Trent commented that it would be up to the citizens committee to decide whether changes were needed. Councilmember Alexander added that no issues in the Charter needed changing other than those items that conflicted with state or federal law and the 6% payback provision. Councilmember Chew also stated that a revision committee was not needed. Mayor Castleberry remarked that the Charter needed to be look at after ten years. Councilmember Smith suggested that a list of housekeeping items and other issues be compiled for the Council to review at a future date. The Council decided to discuss the matter at a futuro worksess'.on in February or March in order to give themselves an opportunity to give the City Manager feedback by Fobruary 1. The City Manager also suggested that the Council review the Mode]. Cities Charter for. ideas. The Council requested that copies of the model charter be provide to them after Jan 1. 5. The Council, received a report and held a discussion on possible city code of ethics, City Manager Lloyd Harrell introduced the item and presented samples of code of ethics from various cities. Councilmomber smith favored the Plano ordinance stipulating no city contracts with past councilmembers for a period of time. Mayor, Castleberry asked for consensus. Consensus was given. Councilmember Perry asked if a motion was in order and moved to formally request City staff to draft an ordinance prohibiting Councilmembers leaving the Council from entoring into a \ 4 5 City of Denton City Council Minutes December 10, 1991 Page 3 contract for goods or services with the City of Denton for one year, Councilmember Mark Chew second the motion. The motion passed unanimously, seven to zero, 6. The Council received a report and held a discussion on procedures for citizens speaking at public hearings, ° City Manager Lloyd Harrell introduced the item and presented a sample of a "Request to Speak Form" that is used by the County of Denton to identify and present, Individuals who wished to speak at public hearings, Councilmembers stated that using the cards may make addressing the Council a more orderly process. 'The Mayor asked whether the cards would be ordered as presented to the City Secretary and staff. The City Manager stated that other communities ordered the cards on a first come, first speak basis, Councilmembers agreed on the format. The City Council gave their consonsus to the use of a request--to-speak card, 7. The Council received a report and held a discussion regarding student involvement in local government. City Manager Lloyd Harrell introduced the item and presented a summary of information collected by staff showing the involvement of students in the local city government of Texas cities with universities. Councilmembers discussed options ranging from an ox-- officio pooition to a Council-appointed committee on student affairs. Concern was expressed over giving students a greater voice in the community than other citizens. Concern was also expressed aver placing an ex- officio member on the council without having that individual elected by the citizens of Denton. The City Council agreed to meet in the future with student leaders from both the University of N-,rth Texas and Texas Woman's University to review and discuss issues of interest and importance to the student population, There being no further agenda items, the City Council adjourned, flob Ca~itleberry, Muyorv~--~-- Ci.ty of Denton, Texas r i CITY OE' DENTON CITY COUNCIL MINUTES DECEMBER 11, 1991 The Council convened in a joint session with the Denton Independent School District Board of Trustees on Wednesday, December 11, 1991, at 11:45 a.m. in the Trustees Room of the Sheraton Hotel, Denton, Texas. PRESENTi Maycr Castleberry; Mayor Pro Tom Hopkins; council Members Alexander, Chew, Perry, and Smith. ABSENT: Council Member Trent " 1. The Council held a discussion regarding various issues relative to the City of Denton and the Denton Independent School District. The following items were discussed; 1. Dr. Tim Sonnenberg presented an overview of the facility consideration item currently before the Board. Ile reviewed the study of space needs for the School District and the three options under consideration for grade configurations. Mayor Pro Tem Hopkins asked it if had been determined where the new school might be built. Sonnenberg replied that the District owned two sites. one was adjacent to the Ryan High School which was the site of a potential elementary school. Another site was on Teasley Lane which would possibly be a site for an intermediate school or a middle school. The first priority was to build an elementary school. The Ryan site might not be the best for an elementary school due to the traffic problems and the concerns of parents having an elementary school so close to a high school. Lloyd Harrell, City Manager, stated that the District would probably have to do a bond election for one of the schools and for the high school renovation. Did the District have any timetable in mind for the election. Sonnenberg replied the bond package would consist of several components - new constru{;tion, a technology package and renovations. Using January and February to publicize the election and the issues, a March or. April election might be possible. Mayor Castleberry asked about the option Sonnenberg mentioned of year-round school. If the District used that option, how long would it hold off the necessity for new construction. Sonnenberg replied it depended on the number of tracks the District used. 2. Council Member Perry suggested looking into the possibility of the School District networking with the City when the City was able to computerize its card catalog. A future idea would be to network with the two universities which would make for a complete network of card catalogs, 3. Council Member Alexander suggested finding ways to expand the quality of what was presented at the After School Action Site Programs. He suggested using the universities to help with such activities as gymnastics, computer training, etc, to provide more than just an after school service. 4. Mayor Pro Tem Hopkins suggested a committee made up of both entities to determine if the School District would be interested in a joint venture to build a new swimming pool in Denton, would the District be interested in a joint program such as the District helping with the operational costs of the pool in return for uae by the swimming team. She suggested the City Manager and Superintendent discuss the issue, 5. Lloyd Harrell presented an update of the Moore building and possible uses, He stated that the first steps would be to use a portion of the Moore building for a law enforcement complex, Another portion of the building would house Personnel and Data Processing. Once the Police had moved out of the old City Hall, it would be converted into a Development Center for Engineering, Planning and Inspections, After those departments had moved out of. City Hall there would be some remodeling of city Hall. A question was asked about a possible time frame for a City bond issue. Harrell replied that the City was out of money for street and drainage repairs. There were four buildings which had been promised the voters which had not been built yet. Those buildings would probably be built before any new issues. A possible time frame was a year to a year and a half away before a City band election. A question was asked about ±.ead time for a bond election. Harrell replied that a minimum time was about 3-6 months, With no further business, the meeting was adjourned at 1:00 p.m. AOH CASTLEBERRY, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS' CITY SECRETARY CITY OF DENTON ACC000022 i i,. CITY OF DENTON CITY COUNCIL MINUTES DECEMBER 17, 1991 The Council convened into the Work Session at 5:15 p,m. in civil Defense Room. PRESENT: Mayor Castleberry; Mayor Pro rem Hopkins; Council Members Alexander, Chew, Perry, Smith and Trent. ABSENT: None 1. The council convened into the Executive session to discuss legal matters (considered action in City of Denton v. Washington National Insurance Company, considered settlement offer in claim of Alphonsus ottih, considered settlement offer in claim of University of North Texas, and considered action in re: 1 V), real estate (considered leases with Cooke County College and Morrison Milling C:ompany), and personnel/ board appointments, Mayor Pro Tem Hopkins left the meeting during the discussion of in re: Flow. 2, The council received a report and held a discussion on the Adopt-A-Spot program and other projects of the Keep Denton Beautiful Program. John Cooper, chair-Beautification commission, stated that currently 29 groups had completed adoption agreements for Adopt-A-spot with additional inquiries. There would be a reception honoring those who adopted a spot in the near future. The City had submitted an application to become a Tree City USA, The Commission had been notified that a designated Tree Board was needed prior to approval. of the Cityts application. It was recommended that the Beautification Commission be appointed the Tree Board for the program. A second annual Christmas Treecycle program would be held on Saturday, January 4, 1992. A number of local businesses had agreed to participate in the publicity of the program, and an insert would be included in the December utility bills. The benefit received from the City with this program was approximately $3,150. For every $1.00 spent by the City on the program, $3.15 was returned. 3. The council received a report and hold a discussion regarding an update on the Americans With Disabilities Act. Max Blackburn, Risk Manager, stated that the Americans With Disabilities Act was not much different than the Rehabilitation Art of 1973, One difference was that the Americans with Disabilities Act was rallying point for individuals who were impaired or disabled, Always before the different groups were split. Therv were five titles of the Act: (1) Title I - Employment - prohibited discrimination in employment against a qualified individual with a disability in the terms and conditions of ,h City of Denton City Council Minutes December 17, 1991 Page 2 employment; (2) Title II - Public Service - prohibited discrimination by a public entity in providing public services to an individual with a disability. This title also required that , forms of public transportation be made accessible to individuals with disabilities, (3) Title III - Public Accommodations and Services Operated by Private Entities - prohibited private entities from discriminating against a qualified individual in providing public accommodations and services, (4) Title IV Telecommunications - required that common carriers of interstate wire or radio communications provide technological accommodations for individuals with hearing and speech impairments, (5) Title V - Miscellaneous Provisions - contained various additional provisions of the ADA. Titles I and II would have the most impact on the City, especially in the area of employment and the accessibility of all government facilities, services, and communications for people with disabilities. Title I would be effective July 26, 1992 with provisions for cities effective January 26, 1992. Title II would be effective January 26, 1992 for city facilities open to the public. Title I would be monitored by the EEOC. City job descriptions, job announcements, application review, interviews, conditional job offers, medical exams - job fitness evaluations, reasonable accommodations were tasks and concerns which the city needed to deal with in regards to Title I. Title II would be monitored by the Department of Justice. Title II involved identifying portions of all building which did not comply with ADA, budget costs for those corrections and the development of a transition plan for implementation of those corrections. The approximate cost to comply with ADA was $60,000 over three years. The Task Force recommendation was to spend $15,000 this current year to comply with some obvious problems such as an assistive hearing system in the Council Chambers, Council Member Alexander stated that he was surprised at the estimate of only $60,000. Blackburn replied that the City had kept up with the 1973 provisions so that there was not a large amount of non-compliance issues. 4. The council was to receive a report and hold a discussion regarding a tentative schedule for converting the Moore facility to a law enforcement complex. This item was considered during the Regular Session under Miscellaneous Matters from the city Manager. c~ 5 V V N City of Denton City Council Minutes December 17, 1991. Page 3 5. The Council was to receive a report and held a discussion regarding a review of correspondence with the Upper Trinity Regional Water District and give staff direction. This item was considered during the Regular session under Miscellaneous Matters from the city Manager, , The Council convened into the Regular Session at 7:00 p.m. in the council Chambers, a PRESENT: Mayor Castleberry] Mayor Pro Tem Hopkins,, Council Members Alexander, chew, Perry, and Smith. ABSENT: Council Member Trent 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance. 2. Consent Agenda Council Member Trent joined the meeting during the reading of the consent Agenda. Hopkins motioned, Smith seconded to approve the Consent Agenda as presented. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously, A. Bids and Purchase orders: 1. Bid #1295 - 1500 KVA PM Transformer 2. Bid #1301 - Chemical Storage Tanks 3. Bid #1306 - Trees-Container Grown 4. Bid #1303 - Pecan Creek Wastewater. Treatment Plant Phase I Improvement Equipment Preselection (Item #3 only) (The Public Utilities Board recommended approval.) 5. P.C. #21291 - Computer Associate Services (The Data Processing Advisory Board recommended approval,) / t r 4 City of Denton City Council Minutes December 17, 1991 Page 4 6. P.O. #21290A - EIS Support Services (The Data Processing Advisory Board recommended approval.) 7. P.O. #21292 - D. B. Microwave (The Data Processing Advisory Board recommended approval.) 3. Ordinances A. The council considered adoption of an ordinance accepting a competitive sealed proposal and awarding a contract for purchase of materials, equipment, supplies or services. (2.A.1. - Bid #1295, 2.A.2. - Bid #1301, 2.A.3. - Bid #1306) The following ordinance was considered: 91190 AN ORDINANCE ACCEP'T'ING 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. Smith 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. B. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. (2.A.4. - Bid #1303, 2.A.6 - P.O. #21290A, 2.A.7. - P.O. 21292) City Manager Harrell stated that 2.A.6. and 2.A.7. should have been pulled from the Consent Agenda. He asked that the ordinance be amended to delete those two purchase orders. The following ordinance was considered: 91-191 AN ORDINANCE ACCEP'T'ING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRAC'T'S FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. 1 City of Denton City Council Minutes I December 17, 1991 Page 5 Hopkins motioned, Alexander seconded to adopt the ordinance as amended. On roll vote, Trent "aye", Alexander Faye", Hopkins ~ "aye", Smith "aye", chew "ayelt, Perry flayell, and Mayor Castleberry aya , Motion carried unanimously. C. The council considered adoption of an ordinance providing for the expenditure of funds for purchases of materials or equipment which are available from only one source in accordance with the provisions of state law exempting such purchases from requirements of competitive bids. (2,A.5, - P.C.#21291) The following ordinance was considered; 91-192 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES OF MATERIALS OR EQUIPMENT W1iICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. Perry motioned, Smith seconded to adopt the ordinance. On roll vote, Trent "aye", Alexander Playa", Hopkins "aye", Smith "aye", chew "aye", Perry "aye", and Mayor. Castleberry "aye". Motion carried unanimously, D. The council considered adoption of an ordinance declaring a surplus of not revenues of the Electric Utility due to decreased ' fuel costs; ordering a refund to certain utility customers; prescribing conditions and procedures for making such rebates. Bob Nelson, Executive Director of Utilities, stated that in the 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, excellent operations and lower costs at TMPA and some improved efficiencies of plant operations, the variable cost was less than budgeted, resulting in average variable energy costs of approximately 1,6 cents per KWH. The Public Utilities Board recommended that this amount be refunded to all current customers on the Denton System in the amount of 0,3 cents per KWH. Mayor Pro Tom Hopkins asked If all legal questions had been taken care of. , Nelson replied yes. \ The following ordinance was considered; City of Denton City Council Minutes December 17, 1991 Page 6 91•-193 ` AN ORDINANCE OF THE CITY OF DENTON, TEXAS, DECLARING A SURPLUS OF NET REVENUES OF THE ELECTRIC UTILITY SYSTEM DUE TO A DECREASE IN FUEL COSTS; ORDERING A REFUND TO CITY'S UTILITY CUSTOMERS; PRESCRIBING CONDITIUNS AND PROCEDURES TO BE FOLLOWED IN SUCH REBATES; AND DECLARING 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 amending Article II of Chapter 28 of the Code of Ordinances of the City of Denton, Texas ("Building code") to provide for amendments and deletions; to the Uniform Building Code, 1988 Edition, previously adopted as the Building Code of the City of Denton, repealing all ordinances in conflict herewith; and providing for a penalty in the amount of $2,000.00 for violations thereof. Frank Robbins, Executive Director for planning, stated that the Council had reviewed this ordinance at an earlier meeting. There appeared to be no problem with the re-roofing permit fee and the Certificate of Occupancy issuance fee. The Council did have some concern regarding the plan review fee for building permits. Council had asked for additional information which staff had provided. He felt there were three or four fundamental policy issuers associated with the ordinanc4. First was reven+te which began the process during the major budget issue discussions. Second was cost for service for which an analysis had been done comparing other cities. He presented a chart with examples of what the fee was for three different kinds of building permits, what the current fee was, what the proposed fee would be, what the amount of increase was, what the average was and what the cost of service was to do the plan review. Council Member Trent stated that some poop e. felt this was an impact fee. Robbins replied that technically it was not an impact fee as defined by State law. The fee was riot one which would be paid at the time of building permitting for some capital improvement. The fee would be paid for the service. Council. Member Trent stated that he had heard that the plan review fee was being charged due to the amount of time that it took a person to review a plan. City of Denton City Council Minutes December 17, 1991 Page 7 Robbins replied that fundamentally the plan review fee was the cost involved to pay the person to do the plan review. City Manager Harrell stated that the planning and building fees were put into effect in an attempt to collect the out-o£-pocket costs that it took to process a particular fee or undertake a particular activity. The Councilfs policy was that those kinds of efforts ohould pay for themselves. The City should do the work and there was some public interest involved but the City should recover enough money so that the city was not out-of-pocket and the general taxpayer subsidize that effort. An impact fee was a charge placed on a new home to help pay for water, sewer and transportation services but not to cover City staff time in processing a particular application. Council Member Trent stated that during the budget process he had indicated that these types of fees were sending the wrong signal to the builders in Denton. Denton was not in a boom situation and any kind of an increased fee was sending the wrong signal at a time when the housing industry In Denton was making a comeback. He felt that there had been no opportunity to hear from the builders on this issue. He felt a public hearing was in order. Mayor Pro Tem Hopkins stated that the issue had been discussed during the budget process. She had a concern with the one and two family residential fee. Was the proposed rate in excess of the average of the area fees. She felt that it would not encourage the building of one and two family dwellings, Why was Denton so mur,h in excess of the area communities, Council Member Trent felt that some of the reason was because Denton was being compared to cities in the Metroplex like Fort Worth and Dallas. There were cities in the Metroplex which did not have a plan review fee such as Garland, Richardson, znd Grand Prairie. For those cities which did have the review fee, they did not have the problem getting the appraisals on the houses which was evident in Denton. Council Member Alexander stated that a discussion was needed relative to the philosophy behind the fees. He wanted the total fee to be close to a reasonable average within the Metroplex. There were costs involved in doing those services and the City should not subsidize through taxpayers revenues, the operation of the building sector within the community. The question was who was going to pay. It would either be the City of Denton through taxpayers money or it would be the people who used that particular service, That was discussed in some detail during the budget process, A commitment was made when the budget was adopted that City of Denton City Council Minutes December 17, 1991 Page 8 the city was going to move ahead with these numbers in these areas. He felt that the Council needed to follow through with that commitment with those figures. Council Member Perry felt that signals were being sent to taxpayers other than home builders that the cost of doing business was one figure and the City would ask the general taxpayers to subsidize to a certain extend the cost of doing business. If the City were trying to make a profit on the review, the situation would be different. other positive signals had been sent to the builders such as the expediting of permits. Mayor Castleberry felt that perhaps McKinney, Sherman and Gainsville might be more in line with the distance from the Metroplex which Denton was. Council Member Alexander stated that he felt comfortable adding McKinney but not Sherman and Gainsville as they were not in the Metroplex. He wanted a review of the Metroplex market and Sherman and Gainsville were not in that market, Mayor Castleberry stated that he had received calls from the people affected by these fees who would like to have a public hearing on the issue. He felt it would be well to have such a public hearing, Council Member Perry stated that the Council had had a public hearing which included these figures during the budget process. The Building Coda Board had reviewed the figures. In the budget process, the Council had directed staff to prepare the fees. There had been discussion on these figures from since approximately May to December. There had been plenty of opportunity, including public hearings, for input from the various people who would be directly affected, He felt there had been adequate time for people to be heard. Mayor Castleberry stated that his concern was that this area was not "noticed" during the budget process, Mayor Pro Tem Hopkins asked if the ordinance could be adopted except for the reside,ttial portion. Joe Morris, Assistant City Attorney, stated that the ordinance was written so that it could be separated, The following ordinance was considered: r t " City of Denton city council minutes December 17, 1991 Page 9 91-194 AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS ("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; PROVIDING FOR A PENALTY IN THE AMOUNT OF $2,000.00'` FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins motioned, Trent seconded to adopt the ordinance except for that portion referring to residential one and two family dwellings, The fee would remain the same until further review for one and two family dwellings. Mayor Castleberry stated that Jerry Cott, Government Relations Committee-Chamber of Commerce, bad asked to address the council, Council Member Perry questioned the consequences of the motion. Robbins replied that there would ba a non-residential building permit fee adopted at 50$, a $10 certificate of occupancy fee and a $20 reroofing fee. There would be no change in the fee for any occupancy on any table that was one or two family. Council. Member Alexander asked if the budget were not adopted on the schedule proposed by the ordinance, City Manger Harrell stated that when the budget was adopted, the major policy isr. ti<• called for a 50% plan review fee across the board. The Buildtr•rj Code Board felt that 50% was too much of an increase for one and two family dwellings. It was felt that the fee should be scaled bark to 20% and the other fee at 50%. Trent motioned to suspend the Council rules to allow a citizen to speak to Council. Motion died for lack of a second. on roll vote of the main motion, Trent "aye", Alexander "aye", Hopkins "aye", Smith "nay", chew "aye", Perry "aye", and mayor Castleberry "nay". Motion carried with a 5-2 vote. Perry motioned, Smith seconded to suspend the council rules to allow a citizen to address Council, On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Jerry Cott, Government Relations Committee-Chamber of Commerce, ` stated that the public did not come to the budget meetings. There 5l S or" r f City of Denton city council minutes December 17, 1991 Page 10 was a perception that the fees went beyond the department that they would be used for. That they were going to supply the funds 4 for government other than the Planning Department. He felt there needed to be more public input regarding items such as this. It would provide for better public relations. F. The Council considered adoption of adoption of an ordinance amending Section 2-81 of the Code of ordinances of the City of Denton relating to the duties and functions of the Beautification Advisory Commission; providing for the adoption of powers and duties of the Commission; and providing for a repealing clause. The following ordinance was considered: 91-195 AN ORDINANCE AMENDING SECTION 2-81 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON RELATING TO THE DUTIES AND FUNCTIONS OF THE BEAUTIFICATION ADVISORY COMMISSION; PROVIDING FOR THE ADOPTION OF POWERS AND DUTIES OF THE COMMISSION; PROvIDING FOR A REPEALING CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. Alexander 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. a release and settlement agreement G. The council considered adoption of an ordinance approving the City of Denton and Michael L, Gorder. Smith motioned, Hopkins to adopt the ordinance. Council Member Trent asked if Mr. Gorder owed the City any money before he was given the settloment check. City Attorney Drayovitch stated that she would chock into that for the council. Smith withdrew her motion and Hopkins withdrew her second. The ordinance was pulled from consideration. H. The Council considered adoption of an Ordinance adopting \ the recommendations of William M. Mercer, Incorporated for implementing a salary structure and salary management program for the City of Denton; prescribing the number of positions in each of City of Denton City Council Minutes December 17, 1991 Page 11 classification of fire fighter and police officer; approving revisions to written City policies designed to implement this program; and authorizing and directing the city Manager to expend monies approved in the budget for fiscal year 1991/92 to fund the Mercer Salary Management Program. Tom Klinck, Director of Personnel, stated that in the 1988-89 and 1989-90 budgets, the Council approved funding for a comprehensive compensation and classification program study. The recommendation included a salary range comprised of 13 grades; a salary structure for positions goverrnld by Chapter 143 of the Texas Local Government code; and salary structures for Seasonal, Temporary, and Executive positions. Personnel policies had been revised to reflect the Mercer recommendations. The recommendations include bringing all employees to at least the new minimum salary of the assigned position and grade, and granting all others a 3% group increase, as approved in the 1991-92 budget. Council Member Trent stated that he did not vote for this during the budget process as he had the perception that the City of Denton would soon be in a similar position as Pontiac, Michigan. He felt the pay raises were too high. He felt it was better to have a good paying job and not be paid what the worker was worth than to have the pay for what the worker was worth but next year not have a job. The following ordinance was considered: 91-196 AN ORDINANCE OF THE CI'T'Y OF DENTON, TEXAS ADOPTING THE RECOMMENDATIONS OF WILLIAM M. MERCER, INCORPORATED FOR IMPLEMENTING A SALARY STRUCTURE AND SALARY MANAGEMENT PROGRAM FOR THE CITY OF DENTON; PRESCRIBING THE NUMBER OF POSITIONS IN EACH CLASSIFICATION OF FIRE FIGHTERS AND POLICE OFFICER; APPROVING REVISIONS TO WRITTEN CITY POLICIES DESIGNED TO IMPLEMENT THIS PROGRAM; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXPEND MONIES APPROVED IN THE BUDGET FOR FISCAL YEAR 1991/92 TO FUND THE MERCER SALARY MANAGEMENT PROGRAM; AND DECLARING AN EFFECTIVE DATE. Alexander motioned, Chew seconded to adopt the ordinance, 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. . City of Denton City Council Minutes December 17, 1991 Page 12 4• Resolutions c A. Council a resolon requestingTthe Governor ofn theerSaate pof oTexas oto designate tthe North Central Texas Council of Governments to be the Metropolitan MaPlsasnnTraning asfamDenton ended,pursuant to the Urban Council Member Chew left the meeting with a potential conflict of interest, Mayor Castleberry stated that Council Member Chew was a member of the Board of Directors for SPAN and had left the meeting with a potential conflict of interest, Lloyd Harrell, City Manager, stated that items 4.A, and 4,B. dealt with the transition from different sources of transportation funding, council had asked staff to obtain additional information from Lewisville regarding the steps they would take in deciding who would become the grantee - either the Texas Department of Transportation or the City of Lewisville. Lewisville city council decided to have the City become the grantee. Item 4,B, specifically named the grantee and the Council would have to complete the resolution by naming that grantee, The following resolution was considered; R91-074 A RESOLUTION REQUESTING THE GOVERNOR OF THE STATE OF TEXAS TO DESIGNATE THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS TO BE THE METROPOLITAN PLANNING ORGANIZATION OF THE CITY OF DENTON PURSUANT TO THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED; AND PROVIDING FOR AN EFFECTIVE DATE, Alexander motioned, Hopkins seconded to approve the resolution. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Perry "aye", and Mayor Castleberry "aye", Motion carried unanimously, B. The council considered approval of a resolution requesting that the Texas Department of Transportation designate a recipient and grantee of Urban Mass Transportation Administration (UMTA) program fonds for the Denton Urbanized Area. The following resolution was considered: c, r; is !i City of Denton city council minutes December 17, 1991 Page 13 R91-075 ° A RESOLUTION OF THE CITY OF DENTON, TEXAS REQUESTING THAT THE TEXAS DEPARTMENT OF TRANSPORTATION DESIGNATE A RECIPIENT AND GRANTEE OF URBAN MASS TRANSPORTATION ADMINISTRATION (UMTA) PROGRAM FUNDS FOR THE DENTON URBANIZED AREA; AND PROVIDING FOR AN EFFECTIVE DATE. Trent motioned, Alexander seconded to approve the resolution designating the City of Denton as the recipient and grantee. Mayor Pro Tem Hopkins felt that there would be problems with the city being the designee and the city should respect SPANfs request. She felt it would involve a great deal of staff time and in the future, would require an additional person to deal with the grants. She was not in favor of the city being involved. Mayor Castleberry felt that it would be to the benefit of both Lewisville and Denton If Denton were the designee. Council Member Perry felt it would formalize the relationship already in existence. Council Member Trent asked if the City of Denton were the designee now, could it be changed in the future, City Manager Harrell replied that it could be changed at a later date, council Member Trent felt that if the city of Denton and the city of Lewisville were both the recipients, it would enable better coordination as opposed to a split with the State and a city being designated, City Manger Harrell replied that such a situation would not affect the city but it might affect SPAN, Council Member Alexander stated that it was important for the City to make a statement regarding its interest in urban transportation in the City of Denton. He felt the City needed to look at the overall transportation needs of Denton. On roll vote of the main motion, Trent "aye", Alexander "aye", Hopkins "nay", Smith "aye", Perry "aye", "aye". Motion carried with a 5--1 voteand Mayor Castleberry Council Member Chew returned to the meeting. t City of Denton City Council Minutes December 17, 1991 Page 14 C. The Council considered approval of a resolution offering conditional support of the proposed extension at the Fort Worth Alliance Airport. Debra Drayovitch, City Attorney, stated that there had been a A change in the resolution Council had received in their packet. The new resolution indicated that the Perot Group had requested that the City adopt a resolution in support of the amendment. City Manager Harrell stated that the resolution was conditional upon receipt of written documentation from the FAA that all of Dentonts airport airspace, including any expansions, would not be adversely affected now and in the future. The following resolution was considered: R91-076 A RESOLUTION OF THE CITY OF DENTON, TEXAS OFFERING CONDITIONAL SUPPORT OF THE PROPOSED EXTENSION AT THE FORT WORTH ALLIANCE AIRPORT; AND DECLARING AN EFFECTIVE DATE. Hopkins motioned, Trent seconded to approve the resolution. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. D. The Council considered approval of a resolution authorizing the Mayor to execute an interlocal agreement with the county of Denton for the construction of improvements to Jim Christal Road from Masch Branch Road to Interstate Highway 35E, Rick Svehla, Deputy City Manager, stated that all of the details of the agreement had been worked out and incorporated in the document, He suggested an addition to the document in the first "whereas" using the wording "a two lane asphalt road built to City of Denton specifications". The following resolution was considered: R91-077 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE COUNTY OF DENTON FOR THE CONSTRUCTION OF IMPROVEMENTS TO JIM CHRISTAL ROAD FROM MASCH BRANCH ROAD TO INTERSTATE HIGHWAY 35E; PROVIDING FOR REIMBURSEMENT TO THE CITY; AND DECLARING AN EFFECTIVE DATE. City of. Denton City Council Minutes December 17, 1991 Page 15 Perry motioned, Smith seconded to approve the resolution. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. a E. The Council considered approval of a resolution authorizing the Mayor to execute an interlocal agreement with the County of Denton for the construction of improvements to Ryan Road from Farm to Market Road 1830 to Farm to Market Road 2181 and providing for reimbursement to the City. Rick Svehla, Deputy City Manager, suggested the same type of wording be added to the agreement "a two lane asphalt road built to City of Denton specifications". The following resolution was considered: 891--078 A RESOLUTION AUTHORIZING: THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE COUNi-Y OF DENTON FOR THE CONSTRUCTION OF IMPROVEMENTS TO RYAN ROAD FROM FARM TO MARKET ROAD 1830 TO FARM TO MARKET ROAD 2181; PROVIDING FOR REIMBURSEMENT TO THE CITY; AND DECLARING AN EFFECTIVE DATE. Hopkins motioned, Smith seconded to approve the resolution, On roll vote, Trent "aye", Alexander I'aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 5. Miscellaneous matters from the City Manager. Lloyd Harrell, City Manager, presented the following item: A. The Annual Employee Christmas Luncheon was Friday and the Council was invited to attend. The council considered the Work Session items not discussed previously. 4. The Council received a report and held a discussion regarding a tentative schedule for converting the Moore facility to a law enforcement complex. Bruce Hennington, superintendent of. Facility Management, stated that staff would like to begin developing detail plans for the Law Enforcement/ Court Complex which was the first step of Phase I in the overall space program. It had become very important to proceed i r w r. ~i City of Den,~on City Council Minutes December 17, 1991 Page 16 with the Moore Building Phase I as the City had some urgent interest in leasing some of the leftover space. in order to proceed with the detail plan, an architect was needed to continue w contract ith design development, document preparation, bidding, and administration. It was felt that that could accomplished by amending the existing architect's contract. bA program analysis would provide a detailed plan of walls, furniture needed, location of departments and would fine tune the phasing. The schematic design would work with staff for details on design plus floor plans of old City Hall and the current City Hall. spacing and time was needed to do all the moved for staff and citizens. City Manager Harrell stated there was one critical item which was the amendment of the current architect contract. The Council could start the selection process again for an architect or amend the current contract for Corgan Associates. Staff was recommending to amend the current contract. Consensus of the Council was to proceed with the staff recommendations. Council Member Perry asked if there would be a designated person to work with the architect. Hennington replied that the construction Review Committee would review the progress of the architect and there would be a building superintendent working on the project. The council received a a.review of correspondence with r the n Upper d Trinity RegionalaWater District and gave staff direction, Bob Nelson, Executive Director for Utilities, stated that a letter had been received from the Upper. Trinity Regional Water District for Council review and consideration. Mayor Pro Tem Hopkins asked if Nelson was referring to the letter included in the Council packet. Nelson replied that the letter did not address the contract which the city of Denton had sent to the District, the letter indicated that the District had appointed a three member negotiating task force to work with Denton on a contract, it was asked that the City likewise appoint a negotiating task force to work on this contract. The District included a list of eleven items as a basis for an agreement. M City of Denton City council minutes December 17, 1991 Page 17 Mayor Pro Tem Hopkins asked if there had been any response regarding the wholesale contract. Nelson replied not from the treatment services contract. ° Mayor Pro Tem Hopkins indicated there were pros and cons regarding such a committee. She was concerned that it might be an attempt to divide the Council. She also questioned whether the City should be ~r negotiating the contract. She would have a problem with a non- majority group of the council agreeing to any items already discussed. She felt an offer had been made and the city should stand by it, She felt the City Manager, City Attorney and Utility Director should represent the City and work with the Upper Trinity Regional Water District. No Council should be involved, Council Member Chew agreed. Council Member Smith felt that the letter indicated that the District had never seen the contract which the City just sent them. Had the District seen that contract, Nelson replied yes they had seen it and had expressed to him that they would rather not acknowledge the contract. Mayor Castleberry felt that the consensus of the Council was to have the staff continue to negotiate the wholesale contract and the Council was not interested in a council committee to work with the District. Hopkins motioned, Perry seconded that a letter be drafted under, the Mayor's signature indicating that the city manager, City Attorney and Utility Director would be the City's negotiating team and any response to the earlier contract should be made through them to the council. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry Ilaye". Motion carried unanimously. 6. There was no official action on Executive session items discussed during the Work Session. 7. New Business The following items of New Business were suggested by Council Members for future agendas: A. Council Member 'Trent asked about the status of televising l the Council meetings. \ c. e l City of Denton City Council Minutes December 17, 1991 Page 18 r on hold until after the cit had sa question regarding that the Citizen Survey, that it results Manager issue, had been received. B. Council Member Perry asked about improving the lighting in the Council Chambers. C. Mayor Castleberry asked about the signs which the Denton County Historical Commission had inquired about. Rick Svehla, Deputy City Manager, stated that according to the Highway Department, which had jurisdiction over the signs, the signs were no longer in existence and were not of the age which the Historical commission thought, to discuss Denton Session a. Couil convened into the Washington legalTmattersc(considered action in City of Executive National Insurance Company, considered settlement offer in claim of Alphonsus Ottih, considered settlement offer in claim of University of North Texas, and considered action in e: Flaw), real estate (considered lease with Cooke County ntmentege and Morrison Milling Company), personnel/board and No official action was taken. With no further business, the meeting was adjourned. BOB CASTLEBFRt2Y, MAYOR JENNIFER WALTER5 CITY OF DENTON, TEXAS CITY SECRETARY ACCO0025 CITY OF DENTON, TEXAS C c 'r r CITY Err= ED= LLLLEIl LLLI 1=1 COUNCII r4 J T 7 -r T- 11 r G. 111 4 D~OO y 6 N 0 H * n? « µ OOC~~QC^C:' a X, .+~,._,.,.N.«, .-fit-, r.F``~ . aw+uv.rv.rrl ~.-..~.r`4~ •«~.yA~-._u.-r ~.+-r~.rvruu... 1 r. Agenda No (2~vL -43 Agenda .//Itom_1.5.~4> Date fn upprectuNan of "ErDWOOd B. Tulloa" WHEREAS, On December 31, 1991 F.rnwood D. Tullos, "Ernie" Tttllon, retired after 20 years of dedicated service to the City of Denton since his employment on July 27, 19711 and WHEREAS, during his career with the City, Ernie Tullos has con- sistently maintained an attitude of cooperation with and dedication to the stated goals of the Electric Utility Department and the city of Dentoni and WHEREAS, during his tenure with the City, Ernie Tullos was instrumental in helping to found the Texas Municipal Power Ag0ncy (TMPA), and is largely responsible for the modern transmission system within the City of Dentoni and, WHEREAS, Ernie Tullos has always served above and beyond the efficient discharge of his duties in promoting the welfare and prosperity of the City, and has earned tho full respect of his follow employees, colleagues and citizens of Denton) and WHEREAS, The City of Denton has been fortunate in having enjoyed the dedicated and outstanding services of Ernie Tullos and wish to recognize same; NOW, THEREFORE, HE IT RESOLVED BY THE COUNCIL OF THE CITY Or DBMS$ That the :sincere and warm appreciation of Ernie Tullos felt by the citizens and officers of the City of Denton, he foraally conveyed to him in a permanent manner by recording this Resolution upon the official minutes of the City Council of the City of Denton, Texas, and for- warding to him a true copy thereof as a token of our appreciation. PASSED AND APPROVED this 7th day of January, 1992, B06 CASTLE BERRY, MAYOR JANE }ICpP INS, MAYOR PRO TEM a MARK -CHEW,COUNCII, MEMBER ATTESTi MARGARET SMITH, COU1lCIL MEMBER J£N141M WALTERS, HAROLD T. PERRY, COUNCIL MEMBER CITY SECRETARY APPROVED AS TO LEGAL FORM! JIM ALEXANDER, COUNCIL MEMBER 2 DEBRA A, DRAyO TCN, JOHN TRENT, COUNCIL MEMBER CITY ATTORNEY~ 4 A • 1 i, r CITY COUNCIL i.. 4. ti i T. L T: 1 oc~oo a0 ao6o Qoo~o: 00~.'v 'y ~~pOp L 00 0 o p - ri - + r, , . ~ - 1 Lit ~$i~ l 1~.~ ♦ , ~ .-i:.i ~ 71-I Ni+}. • /+E 111 LLr + r . Y. i fS G i i( t Agenda No. _ Agendallem a_r..Z.~'....1____ CITY COUNCIL REPORT FORMAT Dale _.~..:..Z._~ ~.:._e. TO: Mayor and Members of the City Council. FROM: Lloyd V. Harrell, City Manager SUBJECT: Approval of a tux refund to Voertman's RECOMMENDATION: The Tax Department received an Application for Refund from Voertman Is. All completed .forms and necessary documentation have been returned, requesting this refund, which the Tax Technician s recommends. SUMMARY: Chapter 31.1.1 of the Texas Property Tux Code requires the approval of the governing body of the taxing unit for refunds in excess o1' $ 500.00. Voertmall's has requested a refund in the amount of $ 956.50, because they overt aid on Account #039827,. BACKGROUND: On 12-4-91 Voertman's paid on a parcel of land that they formerly owned but had sold during the tax ,year. The Denton Central Appraisal. District (lid not change the name on tho I)MIX-rty prior to our mailing of statements. Voertman's is requesting a refund. PROGRAMS,_DEPARTMENTS OR GROUPS AFFECTED: FISCAL I??PACT: $956.50 RESPE FULLY SUBi TDIY C L y , f'arre City Manager Prepared by, Name Vic Sch1wider 'T'itle 'T'ax Technician Approved: ,a me I[ar:ffrrson Title T~VISurer 2633C/3 C r Stale Property Tax Sowd Refund AppNealldon on 31.11(41$2) APPLICATION FOR TAX REFUND Refund Collecting Office Name; ~c --d)F Levi la,,i 'y 7a e ~ Collecting Tax For n axing Unite) Address c r r City, State, Zip Code in order to apply for a tax refund, the following information must bu provided by the taxpayer, IDENTIFICATION OF ROPERTY OWNER: Name: c~N C a Address: r-s Telephone Number (if additional Information Is needed): ' IDENTIFICATION OF PROPERTY: Description of Property: _ I,, I). Address or Location of Property: Account Number of Property: - or Tax Receipt Number: _ INFORMATION ON PAYMENT OF TAXES: Name of Taxing Unit Year for Amount of ` From Which Refund Which Rofund Date of the Amount of Tax Refund Is Requested Is Requested Tax Payment Taxes Paid Requested L f-J 19 119 2z S L $ Z~ 3. _ 19 19 $ ~ $ Taxpayer's reason for refund (attach supporting documsntatlon): (x/!!15 ~ty~ YF f W ~/S ~iJrrriP✓ C 14,91 &LY 9C'i7/MctlLS 0✓4T/}P v- L) '7or'f & E1 1 s~r /c~ SPf? 7~US' _ u E ee' ~ ~s i'P Grp "f hereby apply for the refund of the abovetles ribed taxes and certify at the fnformatfon I have given, on r r ry r fs tr correct." Signature Gayai~l Date of Application for Tax Flefund ------------------------__.._iC Z'e_7- DETERMINATION FOR TAX REFUND: Appruval Disapproval Signature of Authorized Officer - pate Signature of Presiding Officer(s) of Taxing Date Unitm for refund applications over $500 Any person who makes a fafae entry upon the foregoing record shalt be subject to one of the fallowing penatu", t. Irnprlsorlmetll of nol more than 10 years nor lees than 2 years and/or s One of not mom than $5,000 or both such One and lmpfisonmenl; 2. conOnement in fail for a term up to 1 year or a One not to exceed $2,000 or both such One and Imprisonment as eel forth In 8lodon 37,10, penal Code, \ REFUND 31.11 1 r V . 5! r, { t' r) L r - iY S TRANSACT 1. ON HIS'T'ORY RECORD BROWSC F'NF'10301 DA'Z'E i RECE:IF'T' TAX ACCOUNT AGENCY F"UND SOURCE: YR F'A1:D T'ANS' AMOUNT 90,5 t0 5770001 039132' 0000 jrITY MML TAX 90 0135 91 223.'52-- '91030400740001 03982700000 CITY Mho TAX 91 120491 956.`'0 373-'~- _ 90100102320004 03983300000 CITY M&O TAX 90 062B91 373.503 9 90031803950004 03904200000 CI'T'Y Mho 'T'AX 90 513090 103.70 90100102210001 0398420(",00 CITY Mho TAX 90 0620391 103.76 90031804050001 035185100000 CITY M&O TAX 90 113090 1,250,96 901001 02310001 039BrM0000 CITY Mho TAX 90 062891 1,250,95 90060700050001 03988300000 CITY Mb0 TAX 90 030791 942.06 90060700050002 03989300000 CITY Mho F' h I 90 030791 84.79 90032709360001 04007800000 CITY M&O TAX 90 122790 511.10 90070100280005 04008300000 CITY Mho TAX 90 032991 185.70 „90070100200002 04008300000 CITY Mho F' h I 90 032991 16.71 r P".1.1505016BOO01 04009500000 Cl1'Y M60 TAX 90 01 3191 1 , 240.941, 90040214400001 04010000000 CITY Mho TAX 90 123190 1,149.09( 91031300010001 04010200000 CITY Mho TAX 90 121391 703.96 91031300010002 04010200000 CITY M&O F 2. I 90 121391 ;x151.91 91031300010003 04010200000 CITY Mho C:OI_L FE 90 121391 :129.88( TO INQUIRE EN'I'F:R `I', H._ACE CURSOR BELOW RECEIF'f AND 'ENTER' 4 TO CONTINUE BROWSE, 'ENTER', TO RESTART BROWSE, OVERTYF'E RECEIPT OR ACCOUNT ON FIRST LINE AND 'ENTER, ~ , r CITY COUNCII ` ooooQOQoaoaao~oooo F 0 O ro O C ,v C J r. k, ALL0001F Agenda No. nganAa w(e 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, e equipment, supplies or services in accordance with the procedures of state law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described proposals are the best responsible proposals for the materials, equipment, supplies or services as shown in the "Proposals" submitted therefor; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the ma- terials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECT Q 'I. That the numbered items in the following numbered 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: HID ITEM NUMBER _NO VENDOR AMOUNT 1307 All Unifirst $47,268.00 1309 All Southwest international $80,928.00 1310 All Conley Lott Nichols Mach. $10,842.67 1311 1 Bill Utter Ford $15,173.50 1311 2 Bill Utter Ford $ 9,679.75 1311 3 Karl Klement Ford $55,597.52 1311 4 Bill Utter Ford $12,372.00 1311 6 Bill Utter Ford $16,260.75 1311 7 Bill Utter Ford $24,936.00 1311 8 Bill Utter Ford $12,693.00 SECTION 11. 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, speoif.ications, standards, quantities and for the specified sums contained in the invitations, Proposals, and related documents. / SECTION II,Z. 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 o written contract is in accordance with the terms, conditions, spec- ifications, standards, quantities and specified sums contained in the Proposal and related documents herein approved and accepted. 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 accordance with the approved proposal or pursuant to a written con- tract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective imme- diately upon its passage and approval. PASSED AND APPROVED this day of 1992. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY, APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: c `r! ~f 's • 'r DATE: January 7, 1992 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager " SUBJECT: BID #1307 - UNIFORM RENTAL RECOMMENDATION: We recommend this bid be awarded to the lowest; bidder Unifirst for the 3 year annual. supply of rented uniforms as listed below: Cat. 1 with Laundry Service Weekly Annual Rate Ex. 1. Shirts 65/35 Poly blend 110 sets at 1.50/wk $8580.00 2. Pants 65/35 Poly blend 50 sets at 2.75/wk $7150.00 3. Shirts all cotton 100 sets at 2.50/wk $13000.00 4. Pants all cotton 50 sets at 3.25/wk $8450.00 Cat. 2 without Laundry Service 5. Shirts 65/35 Poly blend 50 sets at 1.00 $2600.00 6. Shirts golf type 40 sets at 1.00 $2080.00 7. Pants Poly blend 36 sets at 1.50 $2808.00 Cat. 3 Miscellaneous 8. Mats 3 x 4 10 each at 2.00 $1040.00 9. Mats 4 x 6 10 each at 3.00 $1560.00 Estimated total expenditure $47,268.00 SUMMARY: This bid is for the annual contract to furnish uniform rental service to the City of Denton. The contract is for a 3 year commitment renewable one year at a time with an additional 2 one year extension options. Appropriate cancellation clauses are in place should funds not be appropriated or service not be satisfactory. The quantities are estimated and will vary as the number of uniformed employees increases or decreases. The City of Denton will only pay for the actual number of uniforms utilized. The terms and conditions of this bid are in compliance with the City of Denton Uniform Policy. BACKGROUND: Tabulation sheet. PROGRAMS, DEPARTMENT OR GROUPS AFFECTED: Employees of the Utility Department, Fleet Operations, Community Services, Park h Maintenance and Warehouse. N, ~Y 'E CITY OF COUNCIL JANUARY 7, 1992 PAGE 2 OF 2 x FISCAL IMPACT: Funds for rental of uniforms will come from 1991-92 budget funds for uniform rental approved during the budget process. Each effected department will be billed for uniforms as utilized on a monthly basis. Respect ly submit sd: 4(l! Lloyd "V, Harrell. City Manager Approved: Name: Tom b. Shaw, C.P.M. " Title: Purchasing Agent TS/jh 219.DOC ti 13ID A 1307 I I 1 I BID NAME UNIFORM RENTAL I ARTEX UNIFIRST I UDICKIES NIFORM I SERVICE SERVICES E SERVICE OPEN DATE DECEMBER 12, 91 I I I I I I ITEM DESCRIPTION I I I I I I I 1. I SHIRTS W/LAUNDRY $3.00 I $1.50 I $2.70 I I I I $2.75 ! $3.05 2. PANT $2.50 I r I I I $2.82 3. COTTON SHIRTS $4.00 $2.50 I I I I € $3.18 4. COTTON PANTS $3.50 $3.25 I I I I $1.50 5. SHIRTS W10 LAUNDRY $1.75 $1.00 I 6. 1 SHIRTS (OOLF TYPE) I N/B 1 $1.00 I $1.75 I I I $1.50 I $1.50 I $1.70 7. PANTS 8. 1 MATS 3 X 4 $1.90 1 $2.00 I $2.90 1 9. I MATS 4 X 6 i $3.25 i $3.00 $3.60 I I YES I YES I YES I ADDENDUM I I 1 I { I DELIVERY 121 DAYS A.A.D. 128 DAYS A.R.O. i 7 DAYS A.R.O. I I 1 I f 4 DATE; January 7, 1992 CITY COUNCIL REPORT TO: Mayor and Members of the City Council 9 FROM: Lloyd V. Harrell, City Manager SUBJECT: BID }1309 - DUMP TRUCKS RECOMMENDATION: We recommend this bid be awarded to the lowest bidder meeting specification, Southwest International, BID ITEM QTY DESCRIPTION PRICE TOTAL 1B 3 DIESEL CAB/CHASSIS $22,951.00 $68,853,00 2 3 7 CU YD DUMP BODY $ 41025.00 121075.00 $80,928.00 Delivery is quoted as 90-120 days. SUMMARY: This bid is for the purchase for three diesel powered 7 cubic yard dump trucks. These units are motorpool replacements for two 1984 trucks assigned to Water and Sewer Field Services and one 1975 model assigned to Park Maintenance, The old trucks have become uneconomical to maintain, arid will be sold at public auction. Bid item lA was for the same truck cab chassis only gasoline powered. Our recommendation to purchase the diesel units (1B) is based on an extended life expectancy increased fuel efficiency, less expensive fuel and participatiA in the EPA-Alternate Fuel Program. BACKGROUND: Tabulation sheet, PROGRAMS, DEPARTMENT OR GROUPS AFFECTEDi Fleet Operations, Water and Sewer Field Services, Park Maintenance, FISCAL IMPACT: These vehicles will be funded from a combination ofy Motorpool replacement funds and 1991-92 budget funds authorized during the budget review process, Motorpool $40,540.00 Budget ;40,388.00 $80,928.00 r r. kr CITY COUNCIL REPORT JANUARY 7, 1992 PAGE 2 OF 2 Respect lly subm ed: Lloyd . Harrell City Manager Approved: Names: Tom- , Shaw, C.P.M. Title: Purchasing Agent Ts/jh 216.DOC CITY Of DEHTON, TEXAS MUNICIPAL BUILDING / 215 E. MCKINNEY / DENTON, TEXAS 76201 a M E M O R A N D U M n+ T0, Tom Shaw, Purchasing Agent FROM: Jack Jarvis, Fleet Superintendent DATE: January 02, 1991 SUBJECT; DIESEL ENGINES Tom, I will try to provide some information as to my justification for buying our dump trucks with diesel engines rather than gasoline this year. According to the industry standards, if you compare a gasoline 366 engine you get about 3.81 mpg on gasoline, if you compare that with a diesel engfue 7.3 you get about an average of 6.22 mpg (that's city driving) so we can see there is a savings in fuel cost by getting 'getter fuel mileage. Also diesel fuel is generally Several cents lower than gasoline. Another part of the savings is that the vehicle is setting idle a considerable amount of time while on a ,job, We've had tremendous problems with overheating on gasoline engines whereas we do not have this problem with diesel. I think another aspect is that these engines require less maintenance. You don't have the tune ups and carburetor works on diesel like you do on gasoline so as a result you are going to have less down time of the equipment. With these facts, I feel that the best way to go at this time is to purchase diesel engines because, in the long run, over an eight year life expectancy according to the industry reports from the trucking companies, you should have a significant savings over a period of eight years. According to these reports, in an eight year life expectance of one of these trucks there should be in the neighborhood of a $7000 savings due to fuel cost, down time, and the decrease in maintenance costs. With these facts, I think we are ;justified in going to diesel engines at this time because in the long range I feel that we will. get a much better performance / in the overall use of these vehicles, \ If you need further information to justify this just let me know and I'll try to provide what I can, 81715668200 D/FW METRO 434.1529 y BID 1 309 I I I I I f ~ I I I I I I I I 8ID NAFC D1►P THO 1 11~IBM 1 FT WMRII I CNAFF I Timm I F£.f1i0 FMAINE{ I BIII. UITvB I MRNAY AI 1 RB+YIKYt.T I TIT.CR I RiEUmw 1 fl)ffi1 4 FORD 1 T= k=p 1 FM 1 INIFRNATIOW 1 I 1 I 1 l CM DATE; DFCRW 19, 19911 ( k I I I I I IT~r+ ee~cNTFTIat I 1 - - I ! I 1A I TRa CABR)WSSIS CAS 1 420,899.00 1 NB ; 421,226,87 1 420,677.00 1 X1,100.00 1 NIB 1 .tpi; .&1,50 1 NM 1 I IB 7TALX CAB/RUSSIS DIFM I $23r853.00 l NB 429,061.97 1 423,132.00 1 423,0.00 ; !UB ; 423x507.75 1 4,°3,51i8,00 I I k I 1 1 1 plYBCnY 1 44,890.00 1 44,300.00 1 44,098.00 1 NB 1 44.300.00 1 44,59300 44,898.00 1 NB 1 I DF71m k 75 DAYS I 45 DAYS 1 90-120 DAYS 1 45-15 DAYS 1 45-60 LAYS 1 30 W3 1 75-90 PAYS 1 90-120 I I I I I F1ID1 1309 I k I I I I I I I l ! I I I I I BID WE DU4 TM MA IAW IW'KT NFII7E I SCU{1A,F'ST INI1..1 1 1 1 1 I U.947NATTRIAL I ar I 1 e2 I ! I 1 1 f I ! OM DATE VXF?40 19, 19911 I 1 j k I I 1 I ! - rmf DF:7CHImw I I I 1 I k I I I I I JA I TR= CABKW= OAS 1 NB 1 421,128.20 1 NB 1 ! I ! I I 1 I ! 1B I Ma CAB/AIA>4S DUM, I 425,202.00 1 424,137.51 f 421,951.00 1 1 1 I I I I I k I I 2 1 MV/MN NB 1 44,125.00 I yi,o25.0o I ; 1 1 I DAVIS I k 1 1 W,650.00 I I 1 1 1 I i 1 1 1 IT Worml TIC I ! I I I 1 Dkl.[YF.Hr I 90-120 DAYS 1 90-120 DAIS 90-120 DAYS I I 1 ( I 1 I I I I I C t % DATE: JANUARY 7, 1992 CITY COUNCIL REPORT TO., Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID #1310 - SKID STEER LOADER RECOMMENDATION: We recommend this bid be awarded to the lowest bidder meeting specification Conley Lott Nichols Machinery in the amount of $10,842.67 with delivery in 5 days FOB Denton. SUMMARY: This bid is for the purchase of a Skid Steer Loader to be assigned to the Water and Sewer Field Services Division. It is a Motorpool replacement for a 1985 model loader. The old unit may be reconditioned and assigned to lighter duty in another department if economically feasible. BACKGROUND: Tabulation sheet. PROGRAMS/ DEPARTMENT OR GROUPS AFFECTED: Fleet Operations and Water and Sewer Field Services. FISCAL IMPACT: This unit will be funded from 1991-92 budget funds for purchase~of capital Equipment account #620-081-0461-9104. Respect; ly submitted: LS yd Harrell City anager Ap roved By: Name: om D. Shaw, C.P.M. Title: Purchasing Agent TS/jh 217 . DOr, a' c, S ! I I ! I BID b 1310 ± ; I I I DAflP LIFT I CASE POWER (HALL EQUIPMFNT I I CONLEY LOTT BID NAME SKID STEER LOADER I NICHOL.S TRUCK I & EQUIP. I I I I I I I I I I OPEN DATE DECEMBER 12, 1991 QTY k TI~EM DESCRIPTION - I - I I +w, I I $10,SIL2.b7 ` $151745.00 i $12,669.00 ` $13,314.00 TOTAL 1 ! I PRIME MOVER I CASE I THOMAS ! MODEL, I MELROE ELROE 1 L-1300 I 1840 i 133 l I I l I i I 5 DAYS 1 45 DAYS I 30 DAYS 20 DAYS I DELIVERY I A 11 1 DATE: January 7, 1992 CITY COUNCIL REPORT T0: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID #1311 - PICKUPS, TRUCKS AND VAN RECOMMENDATION: We recommend this bid be awarded to the lowest bidder for each item as l1sted: 1. 2 1/2 Ton Pickups SWB Bill Utter Ford $7,586.75 $15,173.50 2. 1 1/2 Ton Pickup LWB Bill Utter Ford $9,679.75 $ 91679.75 3. 4 3/4 Ton Pickup Karl Klement Ford $13,899.38 $:;5,597.52 4. 1 3/4 Ton Cab/Chassis Bill Utter Ford $12,372.00 $12,372.00 5. 1 Suburban NOT AWARDED AT THIS TIME 6. 1 2 7. 2 1 TonsCabg/Chassis Bill Utter Ford $12,468.00 $24,936.00 60" 8. 1 1 Ton Cab/Chassis Bill Utter. Ford $12,693.00 $12,693.00 84" TOTAL BID AWARD $146,712.52 Delivery is quoted as 60-90 days. SUMMARY: This bid is for the purchase of a portion of the Motorpool Fleet approved during the budget hearing process. All of the units E12 lectric passenger the the by of are mrp 1 replacerpents addition t requested exception The van is a fleb Utility Administration Division. Tho other units are replacing vehicles that range from 1983 to 1986 models and are no longer economical to maintain. Bid item #5 Suburban type vehicle will be presented to Council for award at a later date due to incomplete funding at this time. BACKGROUND: Tabulation sheet. PROGRAMS, DEPARTMENT OR GROUPS AFFECTED: Fleet Operations, Electric Utility Administration Division, Electric Substation Division, Flectric Metering Division, Electric Production, Community Services, Water and Sewer Field Services, Animal Control, Park Maintenances, Water Production and Street Department. FISCAL IMPACT: These units will be funded from a combination of Motorpool replacement funds and 1991-•92 budget funds for motorpool replacements and or fleet additions. rf! p V CITY COUNCIL, REPORT JANUARY 7, 1992 PAGE 2 OF 2 4 Respe fully submitted, L1 V. Harrell - City Manager Approo-vveedd by: Name: Tom D, Shaw, C.P.M. Title: Purchasing Agent TS/jh 218 . DOC Y M y !r i BID N 1311 ! I I 1 1 BID NAME PICKUPS, TRUCKS, VANI JAMES WOOD I KARL KLEMENT I BILL UTTER J DAVE KRAUSE I I DENTON FORD I FORD I DODGE I J I OPEN DATk; DECEMBER 19, 19411 _ I 1 I ITF.M DESCRIPTION I I I - 1 1 1. 1 TRUCK, PICKUP 112 TON i $12,445.00 1 $9,256.00 1 $7,586.75 I $13,356.85 1 I 1 I I I I 2. I TRUCK, PICKUP 1/2 TON I 03,195.00 1 $9,948.19 I $9,679.75 1 $13,979.20 1 ~ I I I I ! 1 3. 1 TRUCK, PICKUP 3/4 TON ► $14,826.00 I $13,899.38 I $14,018.75 1 $15,173.80 I I I 1 1 I 1 4. I TRUCK, PICKUP 3/4 TON J $140170.00 1 $13,399.38 1 $f2,372.00 1 $14,098.30 I I CAB/CHASSIS I I I I I 1 5. I SUBURBAN, 3/4 TON I $19,165.00 I NIB I NIB I NIB I I 1 I 1 1 I 6. I VAN, 12 PASSENGER 3/4 TONI $20,710.00 1 $'71149.00 1 $16,260.75 I $18003.80 1 I 1 1 I I I 7. 1 TRUCK, 1 TON CAB/CHASSIS 1 $15,235.00 I $12,899.93 1 $12,468.oo I $15,572.35 1 1 60"WB I 1 1 ~ I 8. 1 TRUCK, 1 TON CAB/CHASSIS I $15065.00 I $13,031.43 I $12,693.00 1 $15,811.70 1 I 84„WB I I 1 1 I I 1 DELIVERY I 60-90 DAYS 1 60-75 DAYS 1 50-75 DAYS 1 60 DAYS I I 1 I 1 I r. .a E BID A 1311 1 I ! 1 i f I I I I I I I BID NAME PICKUPS, TRUCKS, VANI JAMES WOOD I KAR'. KLEMENT I BILL UTTER I DAVP KRAUSE 1 I DENTON I FORD 1 FORD I DODGE ! 1 I i I OPEN DATE DECEMBER 19, 19911 f 1 I 1 f ~ 1 ITEM DESCRIPTION 1 I I , I I I 1 I i I 1. 1 TRUCK, PICKUP 1/2 TON 1 $12,445.00 I $9,256,00 I $7,586,75 I $13,356.85 I I I I 1 I I 2. I TRUCK, PICKUP 1/2 TON ► $13,195.00 I $9,948,19 1 $9,679.75 I $13079.20 I 1 I I I I I 3. ! TRUCK, PICKUP 3/11 TON 1 $14,826.00 1 $13099.38 1 $14,018.75 1 $15,173.80 1 I I I 1 ! i 4, I TRUCK, PICKUP 3/4 TON I $14,170.00 f $13099.38 I $12,372,00 i $14,098.30 1 ! CAB/CHASSIS I 1 I 1 I 1 1 I 5. I SUBURBAN, 3/4 TON 1 $19,165.00 1 N/B I N/B I N/B 1 1 f ! I I ! 6. I VAN, 12 PASSENGER 3/4 TONI $20,710,00 1 $17,149.00 1 $16,260.75 I $18,803,80 1 I I I I I 7. I TRUCK, 1 TON CAB/CHASSIS 1 $15,235,00 1 $122899.93 I $12,468,00 I $15,572.35 I 1 6oMWB I I 1 I I I 1 f I 8. 1 TRUCK, 1 TON CAB/CHASSIS I $15,365.00 1 $13,031.43 1 $12,693.00 1 $15,811,70 1 I 84"WB f ! I I I I I 1 I I DELIVERY ' 60-90 DAYS I 60-75 DAYS ! 60-75 C:,YS 1 60 DAYS ! I I ! 1 ti CITY COUNCIL *p i. N - r. z 1 or 0 DOOM ro~~o yo a G' - O t~ ~ COQ' _ OOQV~ro v S E ~.*„v0 r.. 1-1 { -1 r 1 p: Wto ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PUR- CHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EF- FECTIVE DATE, ' WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, including. items that are only available from one source because of patents, copyrights, secret.pr.ocesses or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the ma- terials; need not be submitted to competitive bids; and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECT__ION I. That the following purchases of materials, equip- ment or supplies, as described in the "Purchase Orders" attached hereto, are hereby approved: PURCHASE ORDER NUMBER VENDOR AMOUNT 21290A EIS SUPPORT SERVICES $13,000.00 A SECT Oti.,_:_I. That the acceptance and approval of the above items shall not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department. SEC`1'ION III. That the City Manager is hereby authorized to execute any contracts relating to the items specified in Section I and the expenditure of funds pursuant to said contracts is hereby / authorized. t' c r jl r SECTTgN IV. That this ordinance shall become effective imm(I ately upon its passage and approval, 0 PASSED AND APPROVED this the day of _ 1991. BOB C- ASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS$ CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CI'T'Y A'T'TORNEY BY: 4 C, i DATE: January 7, 1992 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: PURCHASE ORDER #21290A - EIS SUPPORT SERVICES (BOBBY V. GRAY) RECOMMENDATION: We recommend Purchase Order 21290A to EIS Support Services in the amount of not to exceed $13,000.00 for annual maintenance of the EIS So:tware System. SUMMARY: This procurement is for a sole source service to provide monthly information, maintenance and assistance with regard to the payroll/personnel information system product known as EIS (Employee Information Service). Included in this consulting service are 2 days per month on-site assistance, training, problem resolution and enhancement of the software. Services are to be provided on an as needed basis for an estimated 208 hours at $62.50 per hour. This service has been determined to be a sole source procurement and exempt from the bid process. The EIS Software has been discontinued by the original designers TRES, Inc. as well as the current owners Control Data Corporation and is considered obsolete by their standards. CDC is no longer supporting or marketing EIS software. Bobby Gray dba EIS Support Service is the only individual with satisfactory experience, knowledge and qualifications to efficiently maintain and enhance this software system. The Data Processing Advisory Board recommends approval. BACKGROUND: Purchase Order #PC 21290A, Minutes from Data Processing Advisory Board of Dece:tber. 9, 1991, sample agreement between City of Denton and Bobby V. Gray dba EIS Support: Services. z r Pf c, { ..r Page 2 of 2 City Council Report January 7, 1992 0 PROGRAMS, DEPARTMENT OR GROUPS AFFECTED: Information Services, Payroll and Personnel Divisions. FISCAL IMPACT: 1992 Budget Funds for maintenance of software account #100-044-0080-8502, Respect ul~lyl submitted: to d . Harrell City Manager Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent TS/jh 213.DOC r. i~ f; GONFII?MINC, Of?bf:R ff OF MAHKEi)j XX DO NOT f)UPLICATE - f'IJRCHASF Cj[)Ff; NO: n Ibis r unbcr mull appear on all PC 21 2SOA Req Np; frivol, box(,,,,. pfic slips, cases, f3icl No Gas, Pnckln0 sliPs arxi bills 7rNDOR u 1 JAME / EIS SUPPORT SERVICc5 TU/iC77ASrNG O!V 7S70N 1901 6 TFXAS S7'77FE 7' / DEN TON, TEXAS 817/3837100 v11-*wMFrnoe72/2620042 rAxe1213e24692 Dale: 12 14 41 page No. 309 lDf)RESS 2 7G201 PLANOr.CHAMBERI,A7N DRIVE TkXAS 75023 DELIVERY CONFIRMATION ONLY CIL ADDRESS INFORMATION SERVICES 3248 E. MCKINNEY DENTONs TX 76201 VENDOR NO EEE48000 bELIVEJ7Y QUOTED 12 25 gI FOB DESTINATION PERMS U1 lZoDOU EA VENDOR CAT. i CITY 83921 N A MFG NAME Imam CI MAINTENANCE 100000000 13s000.Q ;;f! D[ LOU 044 0080 PAGE TOTAL 8502 13.000.aiU GRAND TOTAL 1Ia'440+t Lflb<)Ii INS1f1UG170NS Send rnilJui~l ui+oic? vnlh rlupliralc~ arlpy .-4 lE rm5 - rfpf '1p II lrrIr,65 VlfK nvi S ysllf dhrd I_- Iri - 1 `,fvppint In InmNnn slO()c.r;lirrbnnPmpifrd- (u,l.::,ulAU oun15 P ty )lira rl- ~ 2 15 E: 1.1cKBmr'y 'il > f J r fl.dnutl ur s! ire r;nh 1"I r slmll be irnJuUnd f' Il nr IV G 1♦]I Jxa rhraq ~-"-"-I pricer. biller) _ ~}rirr1myrull)ivisiun y r1 MINUTES OF DATA PROCESSING ADVISORY BOARD MEETING OF UEC> MBrl-R 09, 1991 ME6k31;Ru r'R :}ENT Don Edwardpaand COngtisnCaP4r:- MEMBERS ABSSN'r; Brian Scott OTHERS PRl*SENT: Gary Collins Don Eoa a motion the tolt hehmok on ends it10, 1991 passed meeting ng bee approved, Bb Mi.nniv seconded unanimously. Gary Collins explained how in the past years we had a software comaintenance ntract system ataatcoW.- of Control $$01000 Data Corporation o reoeiving any~new release re]s or adequate auprart, for Mho last couple of years we have. been using A.A. Microware as a Consultant on our Utility silting system and have spent Kbout $12,000 per year with D.B. Mierowaro. This personal serviass contraot would cover otir needs for a consultant on the Utility milling system for this fiscal year, don Edwards made a motion the board recommend to the City Council the City ent:,er into a personal service contract with D,H. Hioro score f Jim consultant and support services on olxr Utility Billing Syst. Kuykendall seconded the motion and it passed unanimously. nary Collins explained that the same situation arose with our Payroll /Personnel system and that our old software maintenanoe contract cants us $27,000 per year, for tae asst o upl of years we have been using Bobby Gray oonsultant on the Payroll/Personnel system at a cost of $12,000 per year. Gary Collins statod that" this year we know of a e.peci,fic enhancement is needed for the Payroll/Personnel system and we are asking that this personal. nervice contract be increased to $13,000 to meet our needs for ooneulting and support work for this fiscal year, Don Edwards made the motion that the board recommend to the City Council that the City erter into a personal services contract with hobby Gray system,ns Bob 1Mgnnis ci0oconded the notion and it passed unanimously, Gary coll.inA explained that the softwaz;o maintenance oontraat with Computor Associates covered such items an the Sort, Tape Manager, Job Costing and print Routing sot:t',ware, ,7im Kuykendall stated that thin software wan like the system noftware from 113M and was easontiai. to Continue operating, Gary Collins gr od than this to i a An osnentiai pert of the operating sy motion that the board recommend to the City Council that the City Continue this uoftwara maintenaaico agrooment with Computer AnBOCiatOS. Don Edwards seconded the motion and it passed unanimously. ` c ti hadygoneCollins through reviewed awprooesa last year and hoveboard bidding arded a the City maintenance contract z for all of t0M 2 had been year explained the second year Of this maintenance that we would be contract was dualand adding PCs departments wish®d, and/or deleting PCs as the various Don Edwards assts ask what were the maintenance 89 , PCs and Gray the Collins stated that last yearfe cost was $21,000 for cost varied by PC from a low of $125 per year to a , high of $825 per year based upon the a e and te of PC;, Von Edwards ask if it would not be more economical to replace he older PCs than to continue raying maintenance. Gary Collins explained in some oases the difference in maintenance coats would pay for a new PC in a 3 to 4 year time frame but that in the past budget Proces s only One PC was approved in the General fund and that PC s in Customer Service where all of the Customer Service fundingwcomsa from the Utility fund. Don Edwards made a motion that the board recommend to the City Council that the City renew the second year of the PC maintenance contract with XBM adding and/or deleting the appropriate number of PCs, Cangia Capan seconded the motion and it pasaes unanimously. There being no other business the meeting was adjourned, AQjujX) NT WC W"" Tfi~ CITY or DENTON AND EIS SUPPORT SERVICES The City of Dantonr Texas, a Municipal Homo RU116 City situated in actin follows t Penton County, Tex~►r, hereinaft{e calld eb a mutually agree as herein by hereinafter oall.ad 11 Consultan#;r y tV MP : City hereby retains consultant N to perform the hereis fte the xi9n t* followingd ices ;and css consultant agrees to telephone A. 12aecI inform regard tortheas ftware product or in n writing known as Moployee Information System. B, Performing for s 2 t days each moo h raining and problem C, Furnishing enhancements to insure for mplianes,with Federal a:rd state tax reporting Omplo Telephone assistance 00 aim to be gav i sblb Monday through H'ridayr l.idayr time, exaiudi~ng ho N, Availability of City Resourcest city will make available to Consultant the following: 11 Use of s terminal for access program libraries and files to allow problem resolution and Implementation of enhancements. ' xx . SCHMOTI •E OF 0XVICXS : A, Services will be provided baginn o emleor 1991 through September 1992 on an on-0611 basis. c 4 City agrees to pay Consultant for the aerviaar performed hereunder as follows: $62,50 246 013,000 , B. Within 10 days of completion of services and pr,bvided for heroin and of receipt of invoice. IV,r~ssrwnRN,r CONIt is mutually understood and agreed by the between city and Consultant that consultant is an independant Consultant and n of the Cityb of eemed to anton~ be or considered withholding, Texas, for tx%e purposes of income taw, social security taxes, vacation or sick leave benefits, worker'a aompenration, or any other city employee benefit. Consultant Khan perform the servia(Ms hereunder at the direction of and to the satisfaction of the Clay Manager of the City of Denton or his design&* under this agreement, V. D-OMW-%--Q X All payments to ■ l an!- from derfthis A,grssment are to be paid by the City appropriated by the City Council for such purposes in the Budget of the City of Denton. V1. XMI AC s Coneu]':-,ht shall provide at its own cost and expense workers' compensation insurance, liability to protect insurance, the lopother es:ationsofaConsultant'es ybusi.nsss. Consultant in and vil, XNP,MMNJ794 X-M: Consultant shall and does hereby agree to indemnify and ;hold harmless the City of Donton kfrom ind any third any and all damages, loss or liability or whatsoever, by reason of injury property persona arising from any negligent sot or . omisision and Consultant, its ofPioerar ago;tat employees, invite other parsons forwhom A.t a cle Is legally ethic agreement,n athe nd Consultant the perform taut I fill, itm cost and Denton L%g ~ahx expense, Band tlalld suc protect the city protect claims and demand, , t. al . t. yTII. --~~aT = City sad Consultant each reserve the right to cancel this Agreement at any time by giving the other party fourteen (24) days written, nOtics Of Cit& ity intention to cancel this Agreement, provided pays Consultant for services performed prior to notice of oanoolla►tion. TX. T~rRM 08 CONS : This AgreementMshall commence on the day of , sand an d upon the completion of the project. 6 NXECUTSD this day o!' 1901, ,off CITY Or DENTOMe TZXA$ ATTEST: JFN"Trzn WALTER$, CITY SEMSTARY l ti :i APPROVED AS TO LXGAI. rORH DXIRA A, DRAXOVTT"o CITY ATTORNRY. by: C t r ' rrrr CITY COUNCH 9 t N Y .a w t l-' a i. F 4+- +1 t~• ~ npod~S00~a0ppp F OOQ{ d Y D E S OQO ~ 1 DO ~ 0 C~ y ~i~IJU ..r, r~ ~-lV ♦+1-a 1.~4} µi'1-r~.1~♦~w.._.- -:4..$ .ate A4LH. :1- _1.♦ i-A. 1 Agenda Na. Agenda ltam h Date ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PUR- CHASES FRCH REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EF- FECTIVE DATE. WHEREAS, Section 252.022 of the Local Government code provides that procurement of items that are only available from one source, including: items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or cc,nponents for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the ma- terials; need not be suam.itted to competitive bids; and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS;: cFC'PIOC That the following purchases of materials, equip- ment or supplies, as described in the "Purchase Orders" attached hereto, are hereby approved: PURCHASE ORDER NUMRF.;R VENDOR AMOU14T 21292 I) 11 MICROWARI; X12,000.0(1 ,C~IOti_T. That the acceptance and approval of the above items shall not constitute a contract botween the City and the person submitting the quotation for such f.t:ems until such person shall, comply with all requirements specified by the Purchasing Department. SECT QV._CT2. That the City Manager is hereby authorized to execute any contract: relating to tha Items specified in Section I and the expenditure of funds pursuant to said contracts Is hereby authorized. c~ R I' ~j i 1 SECTIO IV. That this ordinance shall become effective immedi- ately upon its passage and approval. PASSED AND APPROVED this the day of , 1991- BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM; DEBRA A, DRAYOVITCH, CITY ATTORNEY BY: t. t Y. _ . L 4i DATE: January 7, 1992 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM. Lloyd V. Harr.'ell/ City Manager SUBJECTi PC #21292 D B MICROWARE RECOMMENDATION: We recommend approval of purchase order #21292 ' to D.B. Microwave in the amount of not to exceed $]2,000.00 for annual maintenance of the CIS Software System. SUMMARY: This procurement is for a sole source service to provide monthly information, maintenance and assistance with regard to the utility billing software product. known as CIS (Customer Information System). Included in this consulting service are 2 days per month on-site a,.tslscance, training and problem resolution. Services are to Le provided nn an as needed basis for an estimated 192 hours at 62.50 per hour. This service has been determined to be a sole source procurement and exempt from the bid process. The CIS Software has been discontinued by the original designers, TRES, Inc. as well as the current owners Control Data Corporation. CDC is no longer supporting or marketing CIS Software. D B Microwave is made up of a group of formes TRES, Inc. employees that participated in the original software design and are the only individuals with experience, knowledge and qualifications to efficiently maintain this software system. The price is loss than 1/2 of that charged by CDC prior to them discontinuing the support service on CIS Software. Data Processing Advisory Board recommends approval. BACKGROUND: Purchase Order # PC 21292, Data Processing Advisory Board Minutes of December 9, 1991 and sample agreement between City of Denton and D B Microware Inc. PROGRAMS, DEPARTMENT OR GROUPS AFFECTED: Information Services, Utility Billing Division. FISCAL IMPACT: 1.992 FY Budgeted Funds Account #100-044-0090-9502 C c CITY COUNCIL REPORT JANUARY 7, 1992 PAGE 2 OF 2 4ReSpe fullySubmittedt . Harrell City Manager , Prepared by: Names Tcm O. Shaw V Titles Purchasing Agent TS/jh 2.14.DOC } CONVII001W', OIWCH XX - - 11011CI IASE ORDER NO: (I MAHKCD} f lis launber nnisl a I,ajl oil afi PC 21292 D(' NOT []UPLICA'fC Invoices, -ay sdps• ~ rK c1ns., boxosa>tas, r•ackfng slips s rj and b111s, Haq Na Laid Na Dale: 12 09 91 Naga No. 01 /f I IDOIZ PI/R(:11ASINO OlVIS1ON i 801 8 TEXAS ST8EET7Of NEON, TEXAS 76201 TAME/ D 0 MICRUYIAREr INC* 8171383MOO1F1'VAfET8081712VO042 EAX8171,782.4682 IDDRESS x222 Y4 SPRING CREEK PKWY DELIVERY CONFIRMATION ONLY C11 PLANar TEX 75023 ADDRESS INFORMATION SERVICES 3246 E4 MCKINNFY DENTON* TX 762UI VENDOR NO. D6 M20000 DELIVERY QUOTED 12 3:3 91 1.013 DESTINATION TERMS r 01 124000 EA VENDOR CAT* x N / A MFG NAME 1.0004000 12r0004Q CITY 0 93921 CIS MAINTENANCE PAGE TOTAL S 12s, 0004C 01 100 044 0080 0502 L2*000400 GRAND TOTAL I 1.2.0004( l:1100111NSTH11( IIONS - Ir I IIIS (01 N01 NO 1 6' irrl willlnnl ligm e wills ciopiciiie cui'y A Sluppfnq InslnicHun.r. F O h 'tr ~dh,diun Propnid Iw,l r onH l~„ ..,n ,.dr,!II 1341 !/r - Accninda f'aynblr. !i tdo fr(flrlai ie r,labr roGrs lux sbnll III! inehirlod 21') 17 M, K111114'1' S1 in plirr•s 6illod ir!II r+:. n'."!li Purr lr l;biq lbm,onn 1 4 1 I, MINUTES OF BOARD DATA PRUCESSI.OG ADVISORY MGE` ING OF DECEMBER U9, 1991 MI:biBER3 PRZ BENT : Jim Kuykendo'l l r Bob Minnie, Don Edwardo and Cengi© Capan Brian Scott Z~MBER9 ADSP',NT- OTHLR3 BRUraENT: Clary Collins rom t.ti° September 3.0, 1991 motion the minutes thH motion and it Fagged Don Edwards ,Wads s ' be approved. Bob Minnis seconded meeting unanimously past years we had a software Gary Collin° explained how 3.n the Data Corporation for our Utility 000 and were not receiving any new trol h new maintenana~temnataatcost t~ofo$: cou le of yearn we Billing ay Ort' for the last coup D.A. sultant on our Utility rolling releases or Miadequate euppcroware as a con year with D.B. Microware* been using ont about cover our needs for a system and have a 'rv s contraot 0would This p l filling system for this Fiscal dLbncil she end to the City C roware consultant on the Utility H 9YOt m- oz Edwards madea mo tion the board reoomsr ct Billing system. enter into a personal service contra w1.th Jim City ort services on our U eased unanimously. oonsultant and eupp KUykendall seconded the motion and it p situation arose with our Gary Collins explained that tthe mo hat8aour old software maintenpayrroll/personnel system and 1e of years for the last coup on contract costs "'using Bobby y ay as a consultant Gary we have bee[1 Lkcsirig er year. t in a cost of $1z, OQ P enrianthatnthis Payroll/personnel syc+tem nt a£ a specific Collins stated that this Year we know 000 to meat our needs Headed for the payroll/personnel- AYstem $and1 rwe are asking work for t.hia fiscal year CbpTnl~Eldwtahat nd to personal eerviae contract be increased to for consulting and Support Gray made the motion that theebsoo ard alr00tvicea contractayrnll%~'ergonnel the City enter into a p son ae~.-vicea orL our nd eupp asnsd unanimously. for aonsul. a system, Bob ob M3nni~s scarondad the motion and p COllina exp lained that the SoftwrLxe as naYce Tape anager' Gary h ndall stated that. CompLSLor Assoaiatas covered eAOtktwarsaF,noft.wTimaFCrtho thetse So fyke.ndrom IBM and was Print Job Costing and ].iRk° 4 tncl System Colli.nn agreed that this is thus sal to Gary a as Stem. Dab Minnie made easontia to continue operating t CounCl1 that t•ho city an e,jsent.ial par. t board ' • of thci oparat;ins y fj reoment wit,tL Computer continue contincontinue that this the softwa cos aisa onan v the C.igymott.on and it passed Aafiociates. Don grdwards aecondod the unanimaUtsly . Y 1} i Gary Collins reviewed with the board the bidding process the City ear and how Inm had been awarded a 5 year had gone through last Y the If3M PCs, contract for all of Gary Collins aintenance was due and triataweQwoul.debeoadding pCAtand/or deleting PCs astthe various departments wished, Don Fdwards auk what were the maintenance coats. Gray Collins stated that last year's cost was $21,000 for n5 PCs and the Cost varied by PC from a low of $175 per year to a high of $825 per year based upon the age and type of PC, Don Edwards ask if it would not be more economical to replace the older PCs than to continue paying maintenance. Gary Collins explained in some cases the difference in maintenance coats would pay for a new the rocess PC a 3 4 Year frame time in the Generalnfund and t uatg Cpwan in " only y a PC C was approved ing Customer er Utility where aDonoSdwa1rdsumadeea moti.onethatdthe board from the Utility fund. recommend to the City Council that the City renew the second year the approp iate number nof VCF;. Csngia Capan seconded the and/or motion la»d it passes unanimously. There being no other business the meeting was adjourned, AGR A T SIC"MSNi THE CITY OF DZNTOV AND -P. H F~~zk3Q~t►1~ -X-N 9s_._ The City of Penton, Texaa, a Municipal 'name Rule City situated in Denton County, Texas, hereinafter oalled "City," acting herein by hereinafter called "Consultant," hereby MutuallX agree as follows: I , MI'V=3 0 BE MArQ M! City hereby s•etai.ns consultant ^ to pes:ca the hereinafter the devignated : ~.nd Consultant agrees to perform A. Providing information and assistance by telephone or in writing Information System, l~rnduat known as Customer days each month. and problem a, Performing for 2 on-sito revolution C, Furnishing enhancements to this Customer Information System. D, Telephone asaiatance will be available Monday through Friday, 8:00 a.m. to 8:00 P.M. central time, excluding holidays, wi.l1 make available Availability to Consultant the aasourcos~ City folloxingi 1, Use of a terminal for access program libraries and files to allow problem resolution and implementation of enhancements. YT. BCHEDULS OF $ARVXCEq: A. s Sewill be ptember provided 1992 on esin on Gall was- through needed basis. T Cit;y agrees to pay• YIT. PM,r1sAT;QN To'n m -94.~~ZT-Q4 Consultant for pfl)rmod hereunder as twlsA serviaera follows to ~e~.i~nt-e5~• xou.~, a~e~~~e/~_~~+.!! A. P-MA 1R5~_ 192 012,000 $G2.50 B, fWit orhhrtrein and of greae~ipt; ooi• oinvoin* aes and provided rv, ~nNxRA 7Ct is mutually understood and agreed by the between City and Consultant that Consultant f in an independent Consultant and shall not be d eAmed to be or considered an employee of the City Texas, for the purposes of income tax, withholding, social security taxes, vacation or Pick leave benefits, mployee benefit compensation, or other any rrm the so rvices hereunder benefit. Consultant shall perform at the direet.ion of and to the satisfaction of the City Manager of the City of oenton or his designee under this agreement. V. P.GMS=__QX-r-v , All payments to o scat of underf athis Wement to be the from pp-opria orby the City ' pCouncil for suah purposes in the pp-ap:ci~ated b Budget of the City of Denton. VT, L&W-HM P'i: Consultant shall provide at its own cost and expense woreeerat :3o"nsatiCn insurance, liability ineuxasncet and all ow'xaatC onaofaCoonsultant'asybusiness. Consultant in the oP Vxx, NT~+Z~13 Consultant shall and does hereby agree to indemnify and hold hamless the City of Denton from kind any and all danagee, loss or liabilltyof ouiy third whatsoever, by resnon of injury to property or persona arising from any negligent act: or omission of Consultants its offioer:s, agents, employees, invitee, and Other course pescsons for xiormanae.lsJ~ aphis a~reement,n athe nd of that p a CnConsultant will, at its cost and expense, defend an protect the City of nenton againot any and all suoh claims and demands. Y. f 1 7i I City and Consultant esCh roffior re the VIII . ra Mont at any time by giving the right to cancel this Ag ,rrittan notice of its other P&,rty fourteen (14) days ~ rovid.,, the City Sntention to oa,nool this Agreev~entr p pnym Consultant for seX,rivas parformed prior to notion of aenuollation. f4i This Agreement shell cormotoe on the IX I ~x , 1991, and encl upon the - clay of -~oact Co ^on,-^-platton of the p 3 v day of 1991 $XECVTED this , CITY or DZWTONJ TE7C1►S ATTICOT: gzmzI8'ER WA.ITZRSI CITY SECPXTARY BY t Y. ti AFP"VXD AS TO L80AL YOM DZpRA A. DRAXOVI.TCHr C%TY AT*I!OYZNtAX BY : r A 'i i • ~ f C I T Y COUNCIL A -4 _ .i i s . ooaaaaoo 0p0 : oo~ 0' o °ao t H~OOOO G G C t h ~J . GG~~A b Qn. ~ G~t~~LrQ N S e *oO~v °00oQCacc~oa°° y k : a o:\wpdocs~rawson.CBS PBonda No, Agonda ORDINANCE NO. ORDINANCE RECORDED IN VOLUME 8 VACATING PAGE 9 OF THE PLAT' RECORD OF IDENTONECOUNTYT TEXAS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, a request for vacation of a portion of a public utility easement has been received from Danny and Judy Rawson; and WHEREAS, the City Council of the City of Denton has determined that the easement being vacated is no longer needed for public use; a and WHEREAS, the fair market value of the easement has been deter- mined and received, as required by section 272.001 of the Local Government Code and DENTON, TEX., CODE ch. 2 art:. IV, (1.991)1 NOW f4 THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION S. That a portion of the public utility easement re- corded in Volume 8, Page 9 of the Plat Records of Denton County, Texas, as described in Exhibit "A", attached hereto and incorporat- ed heroin by reference, is permanently vacated and extinguished as an easement for public utilities. SECT ON I. That by reason of such vacation the City of Denton's property interest in the easement shall be operation of law, revert to the owner or owners abutting the easement herein property as an Denton and tilitiesims to the usen of n the and the City of SECT N 11I. That this ordinance shall become effective immediately upon its passage and approval. day of 1991. PASSED AND APPROVED this the BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITC111 CITY ATTORNEY BY; -N- w F, r of {I CITY COUNCIL AGENDA ITEM DATE: January 2, 1992 TO: Mayor and Members of the City Council FROM; Paul Williamson, Engineering & Transportation Department SUBJECT: Partial Easement Abandonment - 2199 Fairfax 1 119MMENDATION t The Development Review Committee recommends approval The Public Utilities Board recommends approval The Planning and Zoning Commission recommends aporoval SUMARY/BACKGROUND;. The attached plat illustrates an existing 15 foot easement and a proposed 10' drainage and public utility easement on Lot 12, Block 28, Southridge Addition. Danny and Judy Rawson, owners, are requesting that the 4 foot strip be abandoned in exchange for a 101 drainage and utility easement. AEEOOOBC c .ti y [1J S. "EXHIBIT All ~ All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas and being part of Lot 120 Block 28, Southridge Addition, an addition to the City of Denton, recorded in Volume 8, Page 9 of the Plat Records of Denton County, Texas and conveyed to Danny and Judy Rawson from Harold S. Alcott in a deed recorded in Volume 2195, Page 814 of the Real Property Records of Denton County, Texas and more particularly described as follows: BEGINNING at the southeast corner of saj.d Lot 12, same being a point on the west line of Fairfax Road; THENCE south 880 23' 30" west along the south property line of said Lot 12 a distance of 113.90 feet to a point for corner, said point lying 16 feet from the southwest corner of said Lot 12; THENCE north 010 3211 west, 16 feet from and parallel to the west property line of said Lot 12 a distance of 4 feet to a point for corner; THENCE north 880 231 30" east a distance of 113.89 foet to a paint for corner, said point lying on the east property line of said Lot 12 and the west line of Fairfax Road; THENCE south 010 36" 30" east, along said lines a distance of 4 feet to the POINT OF BEGINNING and containing 455 square feet of land. AEE00015 C I3' 0 I►foR'rµ""~" L_A(4 EYI~sslrl6 1(s' E~scMexr w •i Z l1 rAiRFAX ROAD G 4 P&Z Minutes November 13, 1991 Page l Ei unanimously V1. Consider a paltial easement abandonment at 2144 Fairfax. Staff Report: Mr. Salmon reported that there is a currently existing drainage easement but somehow the drainage Swale was a built north of the easement. After that, 4' of a driveway was built on top of the easement. Recently repaving and drainage improvements were done on the street and the 11'ror was discovered. The owner has agreed to give a new easement in return for the four feet that is covered by the neighbor's driveway. Hn will then sell that to the neighbor. It will basically be art even trade with no money involved. The use of the property will not be effected, Motion was made by Mr. Glasscock, seconded b•e Mr. Fngelbrecht, and unanimously carried (5-0) to recommend approval of the abandonment. VI. Director's Report Mr. Robbins reported that the City rounoil approved the sign ordinance amendments and had at healthy debate about the future. They don't want to see any more ordinances in the near future. Comment was made that when the get recommendation, they should have an extraordinary reason to go against it. Two Council members agreed that the temporary permits were unfair to those that have already conformed. He reviewed upcoming cases with the Commission. He said that the MRO outlet centeir may propose a special sign district, alternative landscape plan, and alternative pedestrian plan, They have not submitted anything yet. The Zoning Task Force is still working on buffer yards and site plan triggers, some refinements may be completed by the first of the ,year. The CIP may be on the, first meeting in February. Meeting adjourned at 8:08 p.m. v 1 2 9. CONSIDER APPROVAL OF LOW BID FOR BID #1287- PRECAST WALL C 3 CONSTRUCTION FOR AIRPORT SUBSTATION. 4 Nelson gave a short overview of this project, indicating staff recommends 5 approval of the low bid. 8 ' 7 Coplen made a motion to approve the low bid; second by Laney. All ayes, no 8 nays, motion carried. 9 10 10. CONSIDER APPROVAL OF GRAYBAR ELECTRIC QUOTE, BID NO. 1286, FOR 11 TWO (2) 1500 KVA SUBSTATION TYPE TRANSFORMERS. 12 At the request of staff, this item was withdrawn. 13 14 It. CONSIDER AN ORDINANCE AUTHORIZING THE. MAYOR TO EXECUTE AN 16 INTER-LOCAL AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY 16 OF GARLAND FOR THE PURCHASE OF FOUR (4) REMOTE TERMINAL SCADA 17 UNITS. 18 Nelson gave a short overview of this item. Total purchase price is $78,999.114. t9 20 Coplen recommended to the City Council approval of subject ordinance. 21 Second by Rldens. All ayes, no nays, motion carried. 22 23 12. CONSIDER APPROVAL OF PARTIAL ]EASEMENT ABANDONMENT AT 2144 24 FAIRFAX. 25 Ridons recommended approval of subject request; second by Laney. All ay,as, 26 no nays, motion carried, 8 ti ICITY COUNCIL 9 I "Al, T 1- r. .1+ ~l- oo~aoaoo O,JO 4 r n0 ~ O ~ 'b p DD~OOL''o s, s e+C~~- J e;Nµlocs\log,a Agenda No.y1~~1_,__. Agenda itorn__(p Wto ORDINANCE NO, AN ORDINANCE AUTHORIZING ASSIGNMENT PAY FOR FIRE DEPARTMENT EMPLOYEES IN THE CLASSIFICATION DRIVER WHO ARE ALSO ASSIGNED TO PERFORM THE DUTIES OF MATNTENANCE/LOGISTICS. OFFICER; AND PROVIDING ° AN EFFECTIVE DATE, WHEREAS, Section 143.042 of the Local Government code authorizes a municipality to pay assignment pay which is in an amount and is payable under conditions set by ordinances and WHEREAS, the City Manager and Fire Chief having recommended that the fire department employee in the classification driver who is assigned to perform the duties of maintenance/logistics officer should receive assignment pay of Four Hundred Ninety-two Dollars and Seventy-five cents ($492.75) per month; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENS"ON HEREBY ORDAINS: SFCTIOjQ I. That the Fire Department employee classified driver who is assigned to perform the duties of maintenance/ logistics officer shall receive assignment pay of Four Hundred Ninety-two Dollars and Seventy-five. Cents ($492.75) per month in addition to the regular monthly salary of driver, ECU" II. That Ordinance Ne. J38-174 is hereby repealed, SECTION TIZ. That this ordinance shall become effective immedi- ately upon its passage and approval, PASSED AND APPROVED this the day of 1992. EIOS CASTLE EERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: _V 9r „'Y+da1!i;y f(v'~ A° ~~S` 1 ya CITY of DENTON, TEXAS MUNICIPAL AUILO NO / OENTON, TEXAS 78201 / TELEPHONE (8 t 7) 568.8301 Office of the City Managor M E M O R A N D U M 4 TO$ Lloyd V. Harrell, City Manager FROMr Rick Svehla, Deputy City Manager. DATEt January 2, 1.992 SUBJEOTt Assignment Pay In 1988, we were able to reorganize some positions in the Fire Department, At that time, we created our. Maintenance/Logistics job duties and, rather that) add a new position, assigned those duties to an existing driver position. Since then we have adjusted this pay every year when the pay scales In the fire department change. The pay is the difference between the driver rate and the captain ramie. This ordinance simply was not included with the ordinance the council passed at the last meeting which dealt with salaries. If you or the Council has further questions, I would be happy to try answer them. Rtc Svehla Deputy City Manager R S : bw AMMOOOAC r. h i; L L Vf- CITY r - NO _COUNCIL z r t t: - t { G r O{" i 4 ♦ 4.:~ r nl 1 -1 No AOpntla Item_ Wire DATE: 1/07/92 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council. FROM: Lloyd V. Harrell, City Manager SUBJECT: Z-91-016 REZONE A 13,460 SQ. FT. TRACT OF LAND LOCATED AT T Hr, SOUTHWEST CORNER OF BERNARD AND FANNIN STREET. RE9-0- MME1 DDATI0 i Planning and Zoning Commission recommended approval at its November 14, 1991 meeting (4-0). MMARYI This request Is to rezone a tract of land from the SF-7 (residential) district to the 2F (two family) district. BMCKGR_OUNDI A publ.ia hearing was conducted by the City Council on December 31 1991. The council approved an ordinance rezoning Chia property however, the caption of the ordinance wau not published within ton (10) days of passage, as is required. No public hearing is required again. See P&Z Report. 'RO_ tlR~NSs ~EPIIKTMENT5_OR OROUPS_ AFFECTEDt Neighbors, Planning Department and Building Inspections FISCAL IMPACT: N/A a Rea'ec ully su m~edt Prepared byi ~lo~0, Harre11 T L, City Manager rare K. Foe arl - Urba Planne Approve Frank H. Robbins, A Y Executive Director Planning and Development AXX005D r. 1 YY T; i PLANNING AND ZONING} COMMISSION REPORT To: Mayor and Members of the City Council Case No.: Z-91-016 Meeting Date: 1/07/92 4 GENERAL INFORMATION Applicant: John C. Johnson P. G. Box 1603 Denton, TX 76202 Current owner: Same as above. Requested Action: Rezone a 13,460 sq. ft. tract of land from SF-7 (single-family residential) to 2F (two family residential). Location and Size: A 13,460 sq. ft, tract of land located at the southwest corner of Fannin and Bernard Streets. Surrounding Land Use and Zoning: North MF-J. Apartments South - SF-7 Residential East - MP-1 Apartments West - SF-7 Residential. Denton Development Plan: Low Intensity Area SPECIAL INFORMATION Transportation/Drainage: 1. Five (5) feet of additional right-of-way is required on Bernard Street, 2. Sidewalks will be required on both frontages of the property, rr. I (Case Z-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. 0 4. The drive approach should be at least 20 feet wide but no 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 Protections 1. Hydrant spacing is adequate. 2. Fireflow is adequate. utilities: water/Wastewater 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 guLdelines to be used by persons developing residential properties within the City of Menton and its ET.7 for the purpose of encouraging participation In a cooperative h1fort to provide for the parks or improvement of parks which will be needed to serve those developments. This policy is 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 ~ t f'J i~ i ~f (case 2-91-016) page 3 a minimum amount equal to one-fourth (1/4) of one percent (1%) of the construction value of the dwelling, as identified on the building permit. HISTORY - Since 1969, there is no zoning activity on this site. Planning and a Zoning Commission recommended approval (4-0) at their meeting of November 13, 1991 rezoning this tract from SF-7 to 2F. A public hearing was held by the City Council on December 3, 1991 in which the rezoning was approved. However, because of an administrative :A error, the caption of this ordinance was not published in the newspaper within ten (10) days after passage, as is required. Therefore, the Council must consider the ordinance approving this rezoning again. ANALYSIS This property is located in a Low Intensity Area which is surrounded by Moderate Activity Centers, i,ow Intensity Areas are intended to protect and preserve residential neighborhoods in the city. This tract of land is located in Intensity Area No. 1.18 which is in an overallocation location status of 202 percent. The Plan states examine the "toast land over-allocation, that In situations uselo of t the , prwe must operty, ogical of intense most l 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 proposed rezoning does not appear to be a violation of the Denton Development Plan, 400MMENDATION Planning and zoning Commission recommends approval of Z-91-016 a r v, (Case 2-91-0.16) Page 4 ~ ALTERNATIVES 7.- Approve petition. 2. Approve potition with additional conditions. 3. Deny petition. 4. Postpone a decision, ATTACHMENTS 4 1, Location map 2. Site Map (Proposed Replat) 3, Proposed Site Design 4. Minutes 5, Ordinance AXX0005D r d r h r ' TTAC,HME` T I Z 91-416 Bernard and Fannin. NORTH MENNEN M. ~ICRCfiY'L~ (s ~L7 la~vr . ` I I_~ 1:11 E ~AOLE Ell 177 C13 - tWAhL __lI SITE , L_j r K3 ~R EJ wl wwor~©® r DATE, 11/1/91 SCALE: NONE 5. F , . c, ATTACHMENT FANNIN STREET co n Lor 15 ti & oCK V Q 9 134 6' ~ Lor 1s o tr~ BL oCK 4 ~ f 134,6 AS CURRENTLY PLATTED A~ PROPOSED REPLAT F.4 NNIN S TREEr 67,3' 67,1' 40,r 15A car 16A a & oCK 4 BL LICK a ~ m I R7 041 MPLAT OF LOTS 13 j 150 BLOCK HILLSIDE ADDITION L 6, 4 I f I~ . _ I I I I 1 1 i J I .L_... _1 0 ,~a, - 7-f-77--j- ATTACHMENT 4 AF T MINUTES Planning and Zonina Commission November 13, 1991 The regular meeting of the Planning and Zoning Commission of the City of Denton, Texas, was held 0:1 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, at,., William Kamman, and Frank Morgan Absent: Roy Appleton III and Judd Holt: q Present from Staff: Frank Robbins, Executive Director for Planning and Development; David salmon, Engineering; Karen Feshari, Urban Planner; Owen Yost, Urban Planner; Joe Morris, Assistant City Attorney; and Olivia Carson,, Secretary Vice Chatrman 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 1991 meeting should read "Ms. Hue s the October 23, procedure and asked if it required nbondinamortiz to initiation". g Prior to It was moved by Mr. Glasscock, seconded by Mr. Engelbrecht and unanimously carried (4-0) to approve the minutes of October 23, 1993.1 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 Force of October 24, 1991. II. H foot tract of land from S~~'-7 to old a public hearing and consider rezoning a 13,460 square located on the southwest corner of 2 Bernard and Fannin streets. 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. Staff Report: Ms. Feshari presented the staff report (attached). Petitioner: John Johnson stated that he owns the lots in question. He said that the staff report covered all the ' ,ti it j, ii P&Z Minutes DRA L November 13, 1991 Page 2 issues except the fact: that there has been no new activity in the area for years Anything he does cant hurt the area. Anything new will improve it. The lady from Hawaii owns the adjacent property to the south and she was the one who initially contacted him and suggf';stE!d that 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. Ile discussed his proposal with the neighbor on the west and she is happy that something new .r is proposed. The old house presently on the property has been renovated and will be rented .goon. His plans are to establish housing for low middle-income people. There are programs available for low-income people. The affluent are too difficult to deal with. HIS rents will not be low but they will be faux. He will be patting 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 new buildim)s 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 seconded by Mr, Engelbrecht and unanimously carried (4-0). Ms. Morgan arrived at the meeting, c 9. ATTACHMENT '1'0 T1I11 MINUTES STAFF REPORT Tot Denton Planning and Zoning Commission ~r case No.: 2-91-016 Hesting Date: 11/13/91 GENERAL INFORMATION Applicants John C. Johnson P. 0. Box 1603 Denton, TX 76202 r .r ' Current Ownert Same as above. Requested Action; Rezone a 13,460 sq, ft. tract of land from SF-7 (single-family residential) to 2F (two family residential). A Location and Sizes A 13,460 sq. ft, tract of land located at the r'y'f southiest corner of Fannin and Bernard y: Streets. • Surrounding Land Use, &nd Zonings North - MF-1 Apartments South - SF--7 Residential Ea:,t - MF-1 Apartments West - SF-7 Residential Denton Development Plans Low Intensity Area SPECIAL INFORMATION Transportation/Drainages 1. Five (5) feet of additional right-of-way is required on Bernard Street. 2. sidewalks will be required on both frontages of the property. t. 10. c (Case 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 more than 24 feet wide. 5. The drive lane between parking spaces need to be at least 24 ' feet wide. 4 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. 2. Fireflow is adequate. Utilities: ter/Wastewater 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. 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 ET3 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 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 lJ., Y. A { (Cane Z-91-016) Page, 3 j a minimum amount equal to one-fourth (1/4) One percent (1.%) ,the the construction value of the dwelling, as identified~ on building permit. HISTORY There is no prior zoning activity on this site. ANALYSIS This property is located in a Low Intensity Area which is rF',41 surrounded by Moderate Activity Centers. Low Intensity Areas are intended to protect and preserve residential neighborhoodsin the city. 1la which is in This treat of land is located in Intensity Area No. 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. .,X. In looking at the surrounding area, there are apartments located to the north and east of thet&ite 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. RECOMMENDATION Staff recommends a;proval of Z-91-016• 12. k r.wy.w..o un e wv.u ~k. 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 DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 13,460 SQUARE FEET OF LAND LOCATED AT THE SOUTHWEST CORNER OF FANNIN AND BERNARD 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. ° 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- Ire, family dwelling (2F) zoning district classification and use designation; and WHEREAS, on November 13, 1991, the Planning and Zoning Com- mission recommended approval of the requested change in zoning; and WHEREAS, the City Council finds that the change in zoning will be in compliance with the Denton Development Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDA-NS: SEC HON I. 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 (SF-7) to two-family (2F) dwelling zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas. SECTION 11. That the City's official zoning map is amended to show the change in zoning district classification. SEQTION 11-1-,L 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. 5ECTIQjj•_7,V. That this ordinance shall become effective four- teen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official news- paper of the city of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of 1991. BOB CASTLEBERRY, MAYOR 13. ~ of J, f ~S Y ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRA.YOVITCH, CITY ATTORNEY BY: C PAGE 2 l4. ~y i i EXHIBIT "A" 9O7 F'ANNIN AlI Lhat certain lot, tract or pt•rcel of land ait!+aL±ad in the City and County of Denton, State of Texas, and being designated ,,s part of the West cane-half of lots No. Fifteen (15i and Si;:tuen (16) in Block No. Four (4> of l:hs? HILLSIG: ADDITION to said City of Dcanton, Texas, and described as fullow.,, to--wit: BEGINNING at the Northv;est corner- of Lot No. 161 in Blucl. No. 4 of aaid Hillside Addition, THENCE Last along the North line of said Lot No. 16 about t7 feet, more or lass, to a point for corner, said point being duo North of the center of a double gar-age lucated on said Lot 16; THENCE South C,Jntin-ring through the cenLor- line of said double garage a total distance of 100 feet to a point in the South line of Lot No. 15, in Flock No. I of said Addition: THENCE- West along the South lire of Lot No. 15 in Block No. 4 of said Addition to the Sai.rthwest corner of ,aid Lot No. I5; THENCE North along the V!,-st line of Lots 15 and lb a distance of 10 feet to the Place of Beginning. 15. c- 1 I V) rl EXHIBIT "A" i :(102 BERNARD All those certain lots, tracts ar parcels of land known and d»signated as being part of Lots Nc. Fifteen (15) and Si %L•,cn + (16) in DIucl:: No. Four (4) of the HILLSIDE ADDITION Lo the Cirv of Denton, Don Lori County, Tcs:as, being more particular descr•ib- ed as f of l ov4s: .a~ DEGINNING at the Northe=ast corner of Lot 16 in Block: 4 of said Addition; THENCE West along the North line of said lot, 77.6 feet, more or leas, to the Northeast corner of a tract described in a deed rrcm 0. L_. Owens, et ux, to C. H. Gregury, cat uX, of record in Volume 17, Page 199, Deed Records of Denton County, 'Texas; THENCE South along the East line of said Gr-egrary lot, passing through the center of a double garage, I(." feet for corner in the South lien of Lot 15 in said Black 4 of said Addition; THENCE East along the South IinF2 of Lot Nu. 15, in Ploc{.: 4 of said Addition, 77.6 feet, more or less, for corner, same being Lhe Southeast corner of Lot No. 15; THENCE North along the East line of Lots 15 and 16, Block; 4, 14Ci feet, to the Place of Beginning. C r 16, r ` CITY _ COUNCIL - - - - T y_._.. .J t L l • J YY ~ t1ti. ~ ~ ~ + 1111E J ri p 1 i. + etc °00,4 1.4 i+ H411 l 1 ` 1 - 14 1 t e:\wpdacs\lit\atyretan.ord Aganda No. ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON RETAINING THE LAWFIRM OF HENDERSON BRYANT & WOLFE TO REPRESENT THE CITY OF DENTON IN PENDING LITIGATION; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Council of the City of Denton approves the retainer of the lawfirm of Henderson Bryant & Wolfe to repre- sent the City, at the normal City billing rates, in pending liti- gation Texas Waste Manaaement v. City_of Dent. tEjION II. That this ordinance shall become effective im- mediately upon its passage and approval. PASSED AND APPROVED this the (1liy of January, 1992. BOB COT-LEBERRY, MAYOR '1'TEST: JFNNT-"Eh WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: i c F ' 4 fSJx~LCI t4- 4 COUNCIL .a i-. 14 li- y ~L r ~IL~~ a+ v. $ - , - ter * - T4t i F.- L.. J-1 MJ ~-'oDOaooooa~ 1~r~ "Wt 0 roo~7 RT-}-~ca tL: IL J., 1- a~ k;i.i1 TLL ~ ITr`L~ u~`l =k.Jj+ 11Y♦ 1 ..1♦ .IL1 ~~~1 yI11 F\~t~4-F F` n ur a-~ !f y v i H I t i I orupdocs\tIY\9orctcrord Agonda No. Agwida Dito ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A RELEASE AND SETTLEMENT AGREEMENT FOR PENDING LITIGATION BETWEEN THE CITY OF DENTON AND MICHAEL L. GORDER; RND DECLARING AN EFFECTIVE DATE. rt THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION T. That the attached Release and Settlement Agreement between the City of Denton and Michael L. Gorder, providing for the sp release and settlement of the litigation now pending between the parties before the District Court of Denton County, Texas in Cause No. 89-4297-16, is approved in accordance with its terms. The City Manager is authorized to execute the agreement and all other docu- ments and make the payments and take such action as is necessary to comply with the terms of said agreement. SECTION II. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1992, BOB CASTLEBERRY,-_MAYO_R ATTEST: JENNIFER WAITERS, CITY SECRETARY ' BY: APPROVED AS TO LEGAL, FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: t' c, ~I l' I( f Y i CAUSE NO. 89-429716 Y MIKE GORDER § IN THE DISTRICT COURT I VS. § 16TH JUDICIAL DISTRICT CITY OF DENTON § § DENTON COUNTY, TEXAS RELEASE AND SETTLEMENT AGREEMENT - 4 The undersigned, for and in consideration of the sum of Nineteen Thousand Three Hundred and Twenty Four ($19,324,00) Dollars plus Courts costs, to me in hand paid, the receipt of which is hereby acknowledged and confessed, does hereby covenant that this is a Release and Settlement Agreement made under a denial of liability and shall never be construed as an admission of liability and is made for the purpose of buying the peace of all parties and persons hereby released and to avoid further expense. In consideration of said sum and the premises, the undersigned does hereby receive said sure in full, final and r:omplete release, discharge, compromise and satisfaction of any claims, actions, demands or causes of action which have arisen or may hereafter arise, known or unknown, by the undersigned, his heirs, assigns or representatives for damages, actual of exemplary, costs, expenses of any element of damages including fees of any character, by reason of or growing out of this cause of action which involves a worker's compensation claim which has been appealed by Michael Leroy Gorden. And, the undersigned hereby covenants, warrants and agrees that no promise, inducement, representation, conduct by the persons hereby released, their agents or attorneys or any person in privity R RELEASO AND SETTLEMENT AGREEMENT - Page 1 r t r`. with them, has induced this release, except as hereinafter set forth, The undersigned, for himself and his heirs, assigns and representatives, covenants not to sue the said released party for the claim he made for workers, compensation arising out of an alleged accident which occurred on or about 01-26-87. o Further, Defendant, City of Denton, shall pay all outstanding medical expenses for the reasonable and necessary medical. treatment of the injury, made the basis of this lawsuit, in the above styled and numbered cause. I further agree that a Judgment may be entered in this case reflecting the terms of this Release and Settlement Agreement. EXECUTED this day of 1991. ~-~d ly Michael Leroy Gar r STATE OF TEXAS § COUNTY OF DENTON S BEFORE ME, the undersigned authority, on this day personally appeared Michael Leroy Gorder, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. 'WORN Tp }~QD SUBSCRIBED BEFORE ME on this the day of -x~-=-tv`~'✓ 1991. NOTARY PUBLIC' IN Mi FqR THE STATE OF TEXAS MY COMMISSION EXPIRESt +a i!i,uE'AT AT a RICE 5ANCh~iI VOTARY PUBLIC STATE OF TEXAS Ny4omm exp tt•1 B3 E ►H'M+++N9~ RELEASE AND SETTLEMENT AGREEMENT - Page 2 fi F~ It 1. i CAUSE NO. 89-429716 MIKE CORDER 9 IN THE DISTRICT COURT VS. § § 16TH JUDICIAL DISTRICT CITY Oi DENTON § § DF.NTON COUNTY, TEXAS AFFIDAVIT 4 THE STATE OF TEXAS g S COUNTY OF DENTON § BEFORE ME, the undersigned authority, in and for the above mentioned County and State, on this day personally appeared Michael Leroy Gorder, who after being duly sworn, on oath says that he is above the age of eighteen (18) years and not mentally incapacitated in any way. Affiant furthr,r sayst "My name is Michael Leroy Gorder. I am a male and reside at 3012 Bob-0-Link, Denton, Texas 76201. My Social Security No, is 461-78-2375. I am the Plaintiff and Claimant in Cause No. 89-429716, styled "Hichael Leroy Gorder vs. City of Denton" pending in the 16th Judicial District Court of Denton County, Texas, which suit is an appeal from the Final Award entered by the Texas Worker's Compensation Commission in Board No. 87-055875-N1, styled "Mike (Michael) (Leroy) Gorder, Employee; City of Denton - Self Insured, Employer, in a claim growing out of injuries sustained by me on or about 01-26-87. That on or about 01-26-87, as alleged in my report of injury, I received an injury to my hands and right foot while working in the course and scope of my employment. As a result of these injuries, I have been disabled as described in my pleadings on file in this lawsuit." AFFIDAVIT - Page I y h i' "I recognize, a^.knowledge and understand that the 11ability of this claim is indefinite and incapable of being satisfactorily established, and that there is a bona fide dispute in connection with the extent and duration of disability that I claim to have sustained as a result of the accidental injuries referred to hereinabove." "I have made and entered into a Release and Settlement a Agreement subject to the approval of the Court in which this case is pending with the C;.ty of Denton in the total sum of Nineteen ' Thousand Three Hundred and Twenty Four Dollars ($19,324.00) plus court costs (in addition to any compensation that may have heretofore been paid). I understand and agree that such total payment is being made to me and my attorney, George A. Preston." "I further understand and agree that the City of Denton shall pay and be liable for the following medical bills and expenses and none other: "The City of Denton shall pay all outstanding medical expenses for the reasonable and necessary medical treatment of the injury, made the basis of this lawsuit, in the above styled and numbered cause." "In making this Release and Settlement Agreement, I realize that I will never be able to get any further or additional sums of money from the City of Denton. I further understand and agree that the effect of this Release and Settlement Agreement will forever close this matter and this can never be roopened at any time in the future for any reason." AFFIDAVIT - Page 2 i 4 4 _ ys close this matter and this can never be reopened at any time in the t future for any reason.', "I further understand that this case could be tried before a jury and that I have a right to require my attorney, or some other attorney, to try this case before a jury; but I wish to waive the right and waive a jury trial and submit this Release and Settlement Agreement to the Court for its approval. In making this Release and Settlement Agrecnient, I have relied upon iv own knowledge of the matters in controversy, I have been represented by an attorney of my own choice and have been advised of my legal rights. Knowing all of these matters and having the benefit of my legal rights, I believe this settlement to be fair and reasonable and it is one that I desire to make. I hereby request the Court to approve this Release and Settlement Agreement which I have entered into with the City of Denton. "In making this Release and Settlement Agreement, I have not and am not relying upon any promises, representations, inducements or offers of any kind whatsoever made to me by any officer., agent, physician or attorney or anyone representing the City of Denton either as to the liability of the City of Denton or the nature and extent of the injuries, but rather I am relying upon my own good judgment as influenced by the attorneys and doctors of my own choice." "I have employed George A. Preston to represent me in this matter and I have agreed to pay him an attorney's fee of 258 of the recovery herein. The services of this attorney have been, in every respect, satisfactory to me and I request the Court to approve the AFFIDAVIT - Page 3 \ contract in which I have entered with him and to award my attorney 25% of the recovery herein." "This Release and Settlement Agreement for Judgment which will be filed in this causs bears my signature and I have read the Release and Settlement Agreement and understand it, and its contents and effects have been explained to me by my attorney and I here and now request the Court to enter Judgment in accordance " with the Release and Settlement Agreem.:at." SIGNED this the day of , 1991. r /M-' chal 1, or;i$fe S WORN TO AND SUBSCRIBED BEFORE ME, the undersigned authority by the said Michael Leroy Gorder on this the °t day of ,_-rov, r 1991, to certify which witness my hand and seal of office. My COMMIS5I0N EXPIRES NOTARY PUBLIC IN AN R THE STATE OF TEXAS i «ifn?eeo48~°°ta°'M PIH1~r SANGri6i st VCITARY PuBLiG "r~k~'~®° S7AY~ OF TEXAS ~,t, `~...i;•i.° ~hY Comm ExP• t t •t'~~o { AFFIDAVIT - Page 4 " r. } r 3:17 r H~ RCITY f~ COUNCIL - i~ J h - ;1 ~yl- 1 00000 ~ ~Op~O° r 1)Cflpp p ti r0 . c r yf. ~ 100~tir° i.T ~1} huff, t i1L t T / < Agenda No. Agenda Ilarnk-~~_I_ Kalb sue.-- DATE: January 7, 1.992 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd V. I1an,ell, City Manager 9 SUBJECT: Building Permit Fees RECOMMENDATION: The Building Code Board recommended approval of a 20 percent increase 4.0 on September 24, 1991, Staff has no objection to a 10 percent increase. SUMMARL': Lstablishes a 1 and 2 family plan review fee equal to a percentage to be set by the Council of the b,lilding permit fee. For Code organizational purposes only, the non-residential plan review fee approved by Council is restated in this ordinance. BACKGROUND 1. 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. Staff made a rough estimate at the meeting of the cost at 20 percent. This is the reason for the board's 20% proposal for one and two family. Since that time a detailed analysis of the actual cost was made. Actual cost to review plans for a one or two family home ' estimated at $27.72 or about 10% of the least expensive single family louse, whose base fee is $255.30. 2. Council tabled consideration of single and two family permit fees on December 17, 1991. I Page 7 shows current base fees and a 20% increase for one and two family dwellings. Example: base fee for 3000 square foot house is $380.68 + 20% (,$76.13) for a total fee of $456.81. 4. A comparison of other's fees to include McKinney',I is attachment 1. j~ City Council Report Ponnat Page 2 PROGRAMS, DEPARTMENTs OR GROUPS AV LCTED: Building inspections, contractors, and citizens of Denton. FISCAL IMPACT: 4 Increase of about $6000 in fee revenues collected by the Building Inspection Division with a 20 percent increase and $3,000 for a 10 percent increase. Respectfully submitted; 4od Prepare d by; arrell City Manager rV & - ackie Doyle, Building Official Approved; "rank H. Robbins AICP Executive Director Planning and Development Attachments; 1. Building Permit Pee Comparison. 2. Residential Permit Fee Information, 3. Building Code Board Minutes. 4. Fiscal 1990 and 1991 Building Permits. 5. Ordinance. e:4pdet Wevfee.Q 1435,1.1 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 ALL ORDINANCES IN CONFLICT HEREWITH, PROVIDING FOR A PENALTY IN THE AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. THR COUNCIL OF THE CITY OF DENTON FEREBY ORDAINS: SECTION I. That Section 28-28(4) of Article II of Chapter 28 of the Code of ordinances of the City of Denton, Texas is hereby amended to read as follows: (4) Sec. 304(c). The second sentence of section 304(c) is amended to read as follows: For Group R. Division 3 Occupancies, the plan review fee shall be 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 Sec. 309 and Table 3-A. SECTION II. 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 guilty of a separate offense for each and every day or portion thereof during which any violation of this ordinance is committed or continued, and upn-,t conviction of any such violations such per- son shall be punished within the limits above. SECTION II1. That this ordinance shall become effective four- teen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the De..ton Record-Chronicle, the official ne1.'s- paper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of 1992. BOB CASTLE BERRY, MAYUR ~ ~ r 4 r, f ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: a APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTOR12EY BYE PAGE 2 r. ATTACHMENT 1. BUILDING PERMIT FEE COMPARISON Group R, Division 3 (1 & 2 Family) 3,000 Sq. Ft. Dwelling 191 UBC BLDG. PERMIT FEE $336,50, 65% PLAN REVIEW FEE $218.721 TO'T'AL $555.22 DEN'rON BLDG. PERMIT FEE $380.68, 20% PLAN REVIEW FEE $76.13, TOTAL $456,81 GARLAND BLDG. PERMIT FEE $429.60, NO PLAN REVIEW FEE GRAND PRAIRIE BLDG, PERMIT FEE $125,001 NO PLAN REVIEW FEE, IMPACT FEE e RICHARDSON BLDG, PERMIT FEE $225.00, INCLUDES TRADE PERMl'r8, NO PLAN REVIEW FEE 410 CARROLLTON BLDG, PEwfT'C FEE $495.Q01 PLAN REVIEW FEE, $50,00, INCLUDES WATER AND SEWER 'T'AP FEES, TOTAL $545.00 McKINNEY BLDG. PERMIT FEE $299.00, TRADE PERMITS INCLUDED, NO PLAN REVIEW FEE, $500.00 IMPACT FEE FARMERS BRANCH BLDG, PERMIT FEE $336.50 PLUS TRADE PERMI'T'S, NO PLAN REVIEW FEE ARLINGTON BLDG. PERMI'1' F'EE: $211.92, PLAN REVIEW FEE $10,98, I'OTAL $255,90 PLUti IMPACT FEE LEWISVILLE BLDG, PER?Il'l' FF:E $168,45, PLAN It1!:VIE:W FEE: $231,.12, 'I'[)'I',aL $702.67 PLUS IMPACT FEE PLANO T1LUG. PERMIT FEE $287.50, INCLUDES TRADE. PERMITS, NO PLAN REVIEW FEE, TOTAL $21;7.50 FORS' WOR11111 BLDG, PERMIT FEE; $309.00, NO PLAN REVIEW FEE DALLAS BLDG. PERMIT FEE $173.00, PLAN REVIEW FEE $100.00, T'RADE PERMITS $186.00, 'L'O'YAL $469.00 IRVING BLDG. PERMIT FEE $286.001 NO PLAN REVIEW FEE LESS THAN 10,000 51~, FT„ 'T'RADE PERMITS INCLUDED, 'T'O'TAL $286,UU Average $408.95 (Excluding Denton) Five of 13 surveyed are higher than proposed. 3. , ATTACHMENT 1 BUILDING PERMIT FEE, COMPARISON Group It, Division 3 {1 & 2 Fa miIyI 31000 Sy. Ft. Dwelling 191 UBC BLDG. PERMIT FEE $336.50, 65% PLAN REVIEW FEE $218.72, 'T'OTAL $555.22 DENTON BLDG. PERMIT FEE $380.68, 20% PLAN REVIEW FEE $76.13, TOTAL $456.81 _ GARLAND BLDG. PERMIT FEE $429.60, NO PLAN REVIEW FEE GRAND PRAIRIE BLDG. PERMIT FEE $425.00, NO PLAN REVIEW FEE, IMPACT FEE RICHARDSON BLDG. PERMIT FEE $225.00, INCLUDES TRADE PERMITS, NO PLAN REVIEW FEE CARROLLTON BLDG. PERMur FEE $495.00, PLAN REVIEW FEE, $50.00, INCLUDES WATER AND SEWER TAP FEES, TOTAL $545.00 MCKINNEY BLDG. PERMI'T' FEE $299.00, TRADE PERMIT'S INCLUDED, NO PLAN REVIEW FEE, $500.00 IMPACT FEE FARMERS BRANCH BLDG. PERMIT FEE $336.50 PLUS TRADE PERMITS, NO PLAN REVIEW FEE ARLINGTON BLDG. PERMIT FEE $214.92, PLAN REVIEW FEE $10.98. TOTrAI $255.90 PLUS IMPACT FEE LEWISVILLE B14DG. PERMIT FEE, $-108,45, PLAN REVIEW I~'EE $231.3,„ TOTAL $702,67 PLUS IMPACT F 1': 1': PLANO BLDG. PERMIT FEE $287.50, INCLUDES TRADE PERMITS, NO PLAN REVIEW FEE, TOTAL $287.50 FORT' WORTH BLDG. PERMIT FEE $309.00, NO PLAN REVIEW FEE DALLAS BLDG. PERMIT FEE $173.00, PLAN REVIEW FEE $100.00, TRADE PERMITS $186.00, TOTAL $459.00 IRVING BLDG. PERMIT FEE $286,00, NO PLAN REVIEW FEE LESS THAN 101000 S(~. FT„ TRADE PERMITS INCLUDED, TOTAL $286,00__ Average $408.95 (ftcludi.ng Denton) Five of 13 surveyed are higher than proposed. C 3. i ATTACHMENT I L BUILDING PERMI'T' FEE COMPARISON Group R, Division 3 it & 2 F'amit.yl 31000 Sq. Ft. Dwelling 191 UBC BLDG. PERMIT FEE $336.50, 65% PLAN REVIEW FEE $218.72, TOTAL $555.22 DENT'ON BLDG. PERMIT FEE $380.68, 20% PLAN REVIEW FEE $76.13, TOTAL $456.81 0 GARLAND BLDG. PERMIT FEE $429.60, NO PLAN REVIEW FEE GRAND PRAIRIE BLDG. PERMIT FEE $425.00, NO PLAN REVIEW FEE, IMPACT FEE RICHARDSON BLDG. PERMIT FEE $225.00, INCLUDES TRADE PERMITS, NO PLAN REVIEW FEE CARROLLTON BLDG. PERMIT FEE $495.00, PLAN REVIEW FEE, $50.00, INCLUDES WATER AND SEWER TAP FEES, TOTAL $546.00 McKINNEY BLDG. PERMIT FEE $299.00, TRADE PERMITS INCLUDED, NO PLAN REVIEW FEE, $500.00 IMPACT FEE FARMERS BRANCH BLDG. PERMIT FEE $336.50 PLUS TRADE PERMITS, NO PLAN REVIEW FEE ARLINGTON BLDG. Pf?RMIT FEE $211.92, PLAN REVLEW FEE $10.98, 1'OTA1, $255.90 PLUS IMPACT FEE LEWISVILLE BLDG. PFRN T VP: 1, $168.45, PLAN RI?VIFW TEE $231.:3'.;, TO'LAL: $702.117 PLUS IMPACT FEE PLANO BLDG. 11ERMiT FEE $287.50, INCLUDES TRADE PERMITS, NO PLAN REVIEW FEE, TOTAL $287.50 FORT WORTH BLDG. PERMIT FEE $309.001 NO PLAN REVIEW FEE DALLAS BLDG. PERMIT FEE $173.00, PLAN REVIEW FEE $100.00, TRADE PERMIT'S $186.00, TOTAL $459.00 IRVINII BLDG. PF.I2MIT FEE $286.00, NO PLAN REVIEW FEE LESS THAN 10,000 SQ, FT., 'T'RADE PERMITS INCLUDED, TOTAL $286.0i)__ Average $408.95 (Excluding Denton) Five of 13 surveyed are higher than proposed. 3. ti Y. I AT`1'ACHlr3E:NT 2 i R CITY ofosNrON, rExAs MUN10PAL8UILDING DENTON, TEXAS 76201 TELEPHONE (8171566.a1: MEMORANDUM DATE; June 27, 1989 TO: Builders, Driveway Approach Contractors, Electricians, HVAC and Plumbing Contractors FROM., City of Denton, Building Inspection Division SUBJECT: New Single Permit System On June aamendment2s0,t1o9the89 a single permit to be issued to the building contractor or owner for the construction of new one and two family and multi-family dwellin s. The Ingle permit obtained by the builder or owner is valii for the following: Building Construction Electrical Wiring HVAC Plumbing One Driveway Approach Any other permits related to one or two family and multi family dwellings such as fences, swimming pools, sccessory buildings, and additional driveway approaches shall be permitted separately. The new permitting process shall begin on July S, L989. Enclosed is information which explains the process for permitting, inspections and the methods used for determining the permitting system. Also included is the new fee schedule for one and two family dwellings. If you hav,, any questions, please feel free to call us wt (817) 566-8360. acre oy e- x"- 04551 4. ti New Single Permit System For One and Two Family and Multi-Family Construction Projects: This permitting system is the end result of a great deal of he Legal time and effort b Department. Buildin Inspection Division as well as permitting process will substantially pe educe theliamountthof paper work and phone calls necessary to permit one and two family and multi-family projects. Neither the method of determining nor the amount of permit fees has changed for non-residential buildin s re airs and addltfons to resident a u 0 ow ng new a e e an paragrap 'Ha e single permit fee for one and stwo efamilye dwellings. Thei fees in Table 3-9 were determined by randomly selecting 335 single family building permits for houses built using the present fee scheduleso The electrical, plumbing, mechanical and driveway approach permits associated with each of the 335 single family building permits were also used to determine the average permit costs. It was not the intent of the Building Inspection Division or the various code boards to recommend fee increasen at this time with the exception of NVAC permit fees which had not been increased since the adoption of the 1973 U,M.C.. The Plumbing a areed nd Mechanical Code Board recommended and the City Council increased a op to $40.00 e per tdweminimum lling 11,00Thpermit fee Thee fees showr.should 3-B include this increase. Table The permit cost per square foot for multi-family construction shown in Sec. 5-3 (5) was determined in basically the same manner as for one and two family permits. Twenty-one apartment building permits were selected with their associated electrical, plumbing, mechanical and driveway approach permits. The 11.4081 cents per square foot is the average permit cost per square foot of building. 04531 r page 1'I;ItM I'i r ! 6 11l51111 L1. 1 J!C tv l:W l.y ( 15(Al square U1 V Ali Y I' 10.IS lfl r1U0[' 23`re73 ~'"•.l, L1V ~r~ SQUARE 20% PLAY RUILnINO MOEN rxxr IMAM PRRIIIT TOTAL raR SQUARE 20x PLAN FAR FEE FAR? EEyIEw aUILDINC TOTAL FAA PS MIT U-1272 51.06 M rn y 255.30 306.36 2800-2818 73.56 1273-1299 62.26 367,76 441.3! 261.30 313.66 2819-2899 7A.gG 1300-1363 53.08 372.26 446.71 265.44 318.62 2900-2909 75.18 1364-1399 54.28 376.94 46!.12 271.44 "6;72 2910-2999 76.08 14D0-1456 64.91 380.44 466-6l 274.58 329.49 3000 76,13 380.68 466.81 1456-1644 56.11 280.68 336.69 3001-3090 77.03 1596-1636 67.31 386.18 462.21 286.68 343.89 3091-3099 77.43 a 1637-1727 68.51 388.68 467,61 292.68 351.09 3100-3181 79.06 1728-1799 69.71 395.28 474.33 298.68 368.29 3182-3199 79.95 1800-1818 60.20 399'78 479.73 301.02 361.22 3200-3272 80,62 1819-1899 61.40 40'4'10 483,72 307.02 368.42 3273-3299 81.62 1900-1909 81.46 4tl7.60 489,12 307.29 368.74 3300-3363 82,23 1910-1998 82.85 411,17 493,4U 113.28 376.94 3364-3399 83.13 2000 416.87 998.80 62.72 313.63 376.36 3400-3464 83.63 417.66 2001-2090 63.92 601.18 319.63 383.55 3456-3499 84.43 2091-2099 66.12 422.16 606,58 325.63 390.75 3600-3546 86.32 2100-2181 66,28 426.62 611.92 326.42 391.70 3546-3599 86.22 2102.2199 66.48 431.12 517.34 332.42 398.90 3600-3636 87.27 2200-2272 66.74 936.3fi 523,63 333.74 400.48 3637-3699 88.17 2273-2299 67.48 440,06 529.03 338.24 405.88 3700-3727 89.21 2300••2363 67,82 446.06 636.26 339.11 406.93 3728-3818 90.11 2364-2398 68,64 950.66 640.66 343.22 411.86 3819-3909 91.01 2400-2454 69,27 45b.U5 596,Of 346,36 916.63 3810-9000 91.91 2456-2499 7().17 459'56 651.46 350.86 421.03 4001-4090 92.91 2600-2545 7tl,64 464,06 666.86 353.21 423.86 4091-4199 95.71 2646-2599 71,64 970,66 674.26 357.71 429,25 4200-4272 96.6: 2800-2636 71.75 483.06 579,6E 358.76 430.61 4273-438.9 97.51 2637-2699 72.66 487'66 686.06 2700-2727 72.65 363.26 436.91 4364-4464 98.41 363.26 435.91 4466-4646 98.30 492.05 590.96 2728-2799 73.55 496.60 595.80 .367,78 .441.31 4646-4599 99.91 499.56 699.46 1 1 ATTACHMENT 3 MINUTES BUILDING CODE BOARD + SEPTEMBER 24, 1991 PREBBMTj Wayne P.llen, Ed Owens, Isabel '!filler, Greg Mulrhead arrived at 4130 P.m., .lackie Doyle and Frank Robbins. ABSENTi Cliff Reding 1. 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. 12. 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. These would be necessary for comparison of the codes and to review the 1991 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 rrriewed. III. Proposed new foe structural Possible nets feu were discussed. These proposed fees include= $20.00 re-roofing permit feat $10.00 Certificate of occupancy fee for new buildings, $75.00 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 if the $18.00 C.O. fee for existing buildings would be continued. Doyle 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 lots. 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 toning Ordinance, Doyle said we can issue a single permit for all buildings within a mu ;family complex. Miller said they can occupy some apartments before all are finished. IV. Prropoaed Plan Rovi&w Feet Allen asked about the plan review too, He asked if 60% of the building permit fee was proposed. Allen asked how self supporting it Building inspection. Robbins said 65%. Owens asked what Departments are self- eustaining. 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. Iva plus what was required from general resources to fund the Division. Hiller asked what if the team are inadequate. Robbins ofsaid that hthere is a short fall of fees ere is a fund balance left forleantgenoles of wee have sources 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 7. t r. Page 2 up the fee will be profitable. Miller asked if more staff would be added if building picks up. Doy'e said we will not be able to operate with fewer people. Allen asked if fees will he reduced when things pick up? Robbins said in terms of decision making, the council will ask what other cities do, They don't want to be on the high and or on the bottom. The 65♦ number came from the Uniform 8ullding Code. I don't know if we are at the $49,000 level or not. Allen asked if the plan review was Included in the budget Last year. Robbins said yes, the total cost of everybody that does the work. Allen asked if money collected from permit ; fees comes back into Doyle's budget. Robbins said no that it goes Into the general fund. V. Table of Cost$$ Allen, after looking at a table of costs provided by Doyle to Board Members, asked what the heading identified as ^Bonefit" was. Robbins explained that it included FICA, TMR9, Health Insurance which averages 30- 32% of salary costs. Robbins said it does not include other overhead which is ■ smaller number. Doyle referenced the Plan Review cost 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 with the intent of preventing jobs frrm being red tagged. Many times the red lined drawiv9s would never get to thsi people doing the work which 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 review. YI. Comparisca with other citiesi The Board compared Doi-ton with other cities. Muirhead said Richardson, Carrollton, and Farmers Branch only have 3% more residential growth. Allen said Garland, Richardson, and Grand Prairie do not have a plan review fee. Owens said we are in competition with Lewlevllls, Mckinney, Roanoke, Keller and 9outhlake. Muirhead included Coppell. Allen asked if it was going to take a 65% Plan Review Fos to make the budget. The 65% 'does not sound good to me. Fifty percent sounds reasonable, Doyle said that approximately half of the city's included on 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 wo are competing with, Muirhead said also McKinney. Allen asked should we be thinking about economic development or what },s best for Denton. Doyle said we are still going to be one-half or less than most other cities in the area charge, Robbins estimated 31,000 based on 50t in all building permits. Allen asked are you just adding a plan review gas. Allen said that is $82,000. Robbins said that our estimate was loco than in 1989-1990. That dollar amount included $31,000 multiplied by 506, adding a plan review to every permit. Miller asked what does a 20% residential plan review fee pay for. Doyle maid it will pay for plan review, one on-site inspection concerning preservation of protected trees and review of erosion control plan by Engineering Division. owsno said there wore considerably more residential permits issued than commercial. Owens said he thought a 20% residential plan review fee and 50t commercial plan review feet would be best. f 8 . , r r ' 1 Page 3 L Robbins said that the actual cost of reviewing plans is closer to 651. 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 some occupancy groups take longer to roview. VII. Staff recodendations Owens said 20/50 mix can change permit fee rates. Muirhead moved that a 20% residential plan review fee and a 50% commercial plan review feo 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. c ASS00007 9. C c; r. PIRIU TS y conTRDCTICK YALUI PIRMIl Pigs si ,t, j No lr I Mo i Ir FISCAL 1990 Mo I Tr I App ATTACHMENT 4 P 9u1LD1M6a ~q~ifi I 4 aa. n• I I ! total focal ! total ! total Tom-SLDO 7CtAL-Daps) total) total Tr I Mo Tr I No Tr I !iD Ir MO I tr I No I 1 8 1 1 1 I 11261000 I I 244.50 ONr PANICS DY1LLIr0 I I I I n 16 AT1Aa~nn 1 _ erl~Dlroe i ~ 4 - 47 841 1 340 4511108 00 jj 145.10 L 0 00 4~ 86.50 - 16 4 60 00 565.50 ~ C.,iaO^Mta I p 1 396.00 ?NO POOLE 13 0 826,50 IMBU ADDITIO" 228 _ 14.598.66 amlD,r'lL~L 6 47 4 06 31 2 3 0 16 988,00 4 60.00 , MOVIXG 3 29 110.00 80,00 TOTAL 31 380 5 838 969 203 19 495 314 2 519 91149,491.65 TOTAL ALL PIRMITS PrR1RT PIZ TOTAL NISC P/RMltSI Pie PiIIrIItSr I YOU No umktALLtmLtL lfeetb YOU Sr ~ r Pm FOR" 80 6 546.10 Lt1 U 770 GWIa 41 5'd5 491. math year ILSCTRLOAL PtIMII?S yg 548 528.90 7,349.46 41233.61 72 882.21 PQCaAr1OAL Pilr(Itr 16 163 577,00 6,243.00 "Cath tear MCI PrRNits 5 85 50.09 850,00 Coat total cm CCT FOOTS 42 2,192.0 320.00 Moatb Iaat LAJINCAPI Tr1rIIt! 7 I 210.00 504 5 49 TQTJw "tb Saar 61 484 11133 10. OIfY OF DENTON E'ISCAL 1991 BUILDING PERMITS SEPIFMBER, 199L # PERMITS C3HS:';:i-ri:)i! YALUF PERMIT FEES Mo I Yr I Approx, I N~ Ill I Mo I Yr APARTMENTS i I Size I V BUILDINGS 1 4 UNITS i ` i Sq. Ft, I i + i _ T _ _T- ota o a ota Total' ota otaT s Mo Yr i Mo Yr I Mo Yr ! f Mo i Yr I Mo I Yr 2 1 13 I 1 2 1 + 463,460 ' 1,152.52 ATTACHED I I 1 4 1 ~r~__ I 1 .0 76, 1 5 3 9 C KHOVIS RIISF76TAE1!-IAST-9COG"~" ~T BUSINESS I 1 10 I 1 12t538,297 I 11,884.00 INDUSTRIAL 1 I I I II I I RE5'iAURANTS 1150.00 GARAGES 6 CARPORTS I I IXX%XXkXX%14.650_ 126.550 164.50 1380.50 IXXXXXXXXXI S11IWING POOLS 1 3 1 22 JXXXXXXXXX1I45,400 1285,291 160.00 1440.00 IXX%XXXXXXl- OTHER NON-RES BLDGS 1 3 1 28 1 ,%XXX%%X12,350 524,254 149.50 sr,907_00 =7170M xxxxxxxxx ALTERATIONS XXXXX%k%X X X%X RESIDENTIAL 1 9 1 82 lx%XXX><XXXIl33,492 1951,637 1484.50 13,310.50 NON-RESIDENTIAL - I S ^1 77 110,500 148,000 14,572,347 1384.0017,359.70 xxxxxxxxxi MOVING 2 15 X XXXXXXXX - vT 60,00 1478.50 71 - X%X%%X%XXI_ DEMOLITION 1 22 IXX%XXXXXXI 120.00 TOTAL I 36 1 401 138,286 111385,360 127,007,002 14,420.53 158,321.71 TOTAL MISC PERMITS; f PERMITS PERMIT FEES TOTAL ALL PERMITS' Mo Yr I Ma I Yr Number of Permits h Year 43 449 1507.70 6,307.10 1 L6 PERMIT FEES"" ELECTRICAL 53 640 577.95 7,330.72 I "month ~T g-7Ygeag3r MECHANICAL I 16~ 196 726.50 6,769.50 I 6'7% ECTION2REESrO3 114 101 210100 1,470.00 105107 _ INSPECTIOU~5.00 CURB CUT PERMITS 7 44 357,00 2,244.00 55n AM eap- 10 300.00 7C5 0. INSONS TOTAT3 n Year , 133 1,440 2,379.15 24,421.32 I 31 C. 0. FEES Moth I 1143) n eai 648.00 1 4,536.00 11. TT- CITY T xCOUNCIL { .~'oooUOOOOoaooaoooo~4~0 ~~ti o° G 4, ocoo 1 ado, ~µa o t ; + O00 r ° ,v y Cr~p~:J L. rz o~~` Lurk C t ff ~1+. 1 l.~ -Iy J 1 0 i Agenda No. DD~_C~C~ } Agenda Item-LR'? }Y Wte -L -1 - Da"- ft~' CITYof DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 568.8307 Office of fhe City Manager MEMORANDUM 9 DATE: December 31, 1991 TO. Mayor and Members of the City Council FROM; Lloyd V. Harrell, City Manager SUBJECT; Denton County Housing Finance Corporation The Denton County Housing Finance Corporation is in the process of seeking an allocation for funds for 1992. Part of that process requires the member organizations to forward a resolution with the application which will help the Corporation to be in the first category of priority for reservation for allocation. As in the past, this resolution assigns the City's authority to issue single family housing bonds to the Denton County Housing Finance Corporation. For your information, I have enclosed a letter sent to us from Fulbright and Jaworski that explains more about the resolution. mil' _G? Lloyd V. Harrell City Manager ACCO0027 t 5 i1 1 FULBRIGHT & JAWORSKI .d, 1301 McKINNEY, SUITE 6100 ~ IIOU9TON HOUSTON, TEXAS 770103055 -WASHIN010H,O•L AUSTIN SAN ANTONIO DALLAS TCLCPHONE: 713/861.5161 L05 ANOELCS TELE%t76.2820 LONDON TELECOPIER1713/651.6246 ZURICH December 11, 1990 Fu REAV ST Mc4RATHI & NEW YORH Mr, Lloyd Harrell Denton County Housing Finance Corporation 110 West Hickory Denton, Texas 76201 Dear Mr. Harrell Please find enclosed three copies of a Certificate for Resolution and a Resolution by the City Council of the City of Denton, Texas Assigning a Portion of Its Authority to Issue Single Family Housing Bonds to Denton County, Texas and Resolving Other Matters in Connection Therewith, to be adopted by the city council, The Resolution accomplishes the following: (1) the Resolution assigns the city of Denton's authority to issue Qualified Mortgage Bonds to the County of Denton through its Denton County Housing Finance Corporation; (2) such Resolution will allow Denton County Housing Finance Corporation accurate and efficient completion of an Application for Reservation for Private Activity Bonds Calendar Year 1991; and (3) such Resolution will help enable Denton County Housing Finance Corporation to be in the first category of priority for Reservation for Allocation for Calendar Year 1991, Please return to us the adopted and executed Resolution for submission to the Texas Department of Commerce at the earliest possible date. We plan to complete the Application for 1991 Reservation of Allocation by January 1, 1991. If you have any questions, please call me at (713) 651-3673, Thank you in advance for your assistance, Very truly yours, Anderson F Bynam AEB/dac Enclosure C cc: Neil Thomas 3 Z 1 I T t 4 i. a; r FULDRIGHT & JAWORSK( ji Dj.f.:12rC'n "E 2200 Ross AVENUE SUITE 2600 H~ N') WAS/IINOTO TON,O . DALLAS,TEXAS 75201 GI' e MAN% AL S,1Q4 9AN ,SNiOF'id' IELEM 219/655-&000 DALLAS NEW YORK FACSIMILE7 21A/g55B2~,P LOS ANGELES LONDON 1YRI1CRG UIPCCI blAl NUMB[ i ZURICH HONG KONG December 27, 1991 VIA FEDERAL EXPRESS Mr. Lloyd Harrell City Manager City of Denton 215 East McKinney Street Denton, Texas 76201 RE: Denton County Housing Finance Corporation 1992 Application for Reservation for Private Activity Bonds Dear Mr. Harrell: Pursuant to your telephone converation with Bob Dransfield, please find enclosed an original and four copies of a Certificate for Resolution and a Resolution to be considered at the City Council's meeting on January 7, 1992, We respectfully request that you include the following item on the City's agenda for that meeting; Consideration of Resolution relating to the assignment of the City of.. Denton's authority to issue single family housing bonds to Denton County Housing Financo Corporation. By adopting the enclosed resolution, the City of Denton's authority to issue single family housing bonds will be assigned to the Denton County Housing Finance Corporation, b DD IH-'16 r. i{ y <l Mr. Lloyd Harrell Page 2 December 27, 1991 If the City Council adopts the enclosed resolution, please have each copy signed, attested and sealed where indicated, and returned to us. The Certificate and Resolution are attachments to Denton County Housing Finance Corporation's Application for Reservation, which must be filed with the Texas Bond Review Boa.d in Austin on or before January 10, 1992. Therefore, we are requesting that you return the executed documents to us on January 8 or 9 in order that we may meet that deadline. Please let us know if you have any questions about the enclosures. Thank you very much for your assistance. 6tSiincerely, ,6 Vickie L. Hall /Encls, r nnnIP-97 NO. A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, ASSIGNING ITS AUTHORITY TO ISSUE SINGLE FAMILY 4 HOUSING BONDS TO DENTON COUNTY HOUSING FINANCE CORPORATION AND RESOLVING OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, Texas Revised Civil Statutes article 5290.9x, ,j as amended, and the rules promulgated thereunder as 10 Texas Administrative Code sections 190,1 to 190.6 (collectively, the "Act"), provide the method for the Denton County Housing Finance Corporation (the "Corporation"), a housing finance corporation created under the Housing Finance Corporation Act, as amended, Texar Local Government Code chapter 394, to seek an allocation from the Texas Bond Review Board to issue private activity bonds; WHEREAS, the Corporation operates on behalf of Denton County, Texas (the "County"); WHEREAS, on January 6, 19920 the Board bf Directors of the Texaso Bond t ReviewthBoard d seeking submissio n of an allocation c for 92 tin accordance with the provisions of the Act; WHEREAS, the Act provides that if two overlapping local governmental units have each created housing finance corporations with authority to issue Qualified Mortgage Bonds, then unless the smaller local government unit assigns its authority to issue Qualified Mortgage Bands, based upon its population, to the larger local governmental unit, the larger local governmental unit must exclude the population of any smaller governmental unit if such smaller unit has a population as determined in the most recent federal census of 20,000 or more in determining the larger unit's allocation; WHEREAS, each of the City of Denton (the "City") and the County have previously created a housing finance corporation authorized to issue Qualified Mortgage Bonds; WHEREAS the Application for Reservation for Private Activity Bonds Calendar Year 1992 (the "Application") promulgated by the Texas Band Review Board requires that the Corporation forward a copy of this resolution with its Application; and 4 46 0a -1- I r, a ti WHEREAS, the City Council hereby finds and determines that an assignment to the County of the City's authority to issue Qualified Mortgage Bonds for 1992, based upon the City's population located within the County, is in the best interest of the citizens of the City; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON THAT: SECTION 1: The City hereby assigns its authority to issue qualified mortgage bonds, based on its population within the County, to the County. SECTION 2: The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this resolution for all purposes and are adapted as a part of the judgment and findings of the City Council. SECTION 3: It is officially found, determined, and declared that the meeting at which this resolution is adopted was open to the puhlic and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this resolution, was $given, all as required by Texas Revised Civil Statutes article 6252,17, as amended, SECTION 4: Capitalized terms used, but not defined, in this Resolution shall have the meanings assigned them in the Act. SECTION 5: This resolution shall be effective from and after the date of its passage. PASSED AND ADOPTED by an affirmative vote of mombera of the City Council of the City of Denton, Texas, this 7th day of January, 1992. Mayor ATTEST: City Secretary (CITY SEAL) C I ` ♦Iflq _2~ PCITY, CQUNCIL L) I - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - oQO~oQoanaoo~,o000 ooo~ { Al r o00 o, oo G d Q ~OOFM 4! v~O~ ~,r e:wpdocs\escrow.r Agenda No. ~pp1a -On Agenda wo c1 s RESOLUTION NO. A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN ESCROW AGREEMENT WITH FLOW REGIONAL MEDICAL, CENTER, INC.; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Order Confirming Plan of Liquidation of Flow o Regional Medical Center, Inc, (the Center), dated May 16, 1990 in Case Number 88-42099 in the United States Bankruptcy Court for tho Eastern District of Texas, styled It1, Re: Flow Re ional_ Medical Center. Inc. provides for the City to have a continuing lien in certain assets of the Center until January 1, 2008, or such time as certain conditions have been fulfilled; and WHEREAS, the Center and the City submitted to binding arbitra- tion the question of whether the funds subject to the lien should be deposited in an escrow account, and on December 17, 1991, the arbitrator issued his findings, a copy of which is attached hereto as Exhibit A, wherein he determined, among other findings, that the parties should execute an escrow agreement to the Bankruptcy Court for approval; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the Mayor is hereby authorized to execute an escrow agreement with Flow Regional Medical Center, Inc., a copy of said agreement being attached hereto as Exhibit B and is incorpo- rated by reference herein. SECTION II. That the expenditure of funds to fulfill the city's obligations pursuant to the Agreement are hereby authorized. SECTION III. That this resolution shall become effective imme- diately upon its passage and approval. PASSED AND APPROVED this the ^T day of 1992. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY! ti t APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: a PAGE 2 y r, I 1 1 , EXHIBIT "A" IN TIfE UNMD STATES BANKRUPTCY COURT FOR. THE EASTERN DISTRICT OF TEXAS SHERMAN DNLSION IN RE; 3 4 Fl, )W REGIONAL MEDICAL 9 CASE NO, 88.42049 CENTER, INC 4 CHAPTER 11 4 DEBTOR, 4 ' AFCXWON DY Ammwgn Bill A Brister ("Arbitrator"), pursuant to order for arbitration signed he the Bankruptcy Judge on October 29, 1991 and pursuant to an Arbitratirm vl mission Agreement executed by the parties, Flow Regional Medical Center. 111L. ("Deblur") un.] the City of Denton, Texas ("City"), presided at arbitration pro- ceedings on December 10, 1891, cuintnenuing at 9100 tcm, The City and the Debtor each appeared by their respective attorneys of record and announced their agreement to develop the relevent ,°-idence by affidavits of fact witnesses and by introduction of pleadings and docu pente, The Arbitrator, buying received the tendered exhibit.! and the tendered mffidi%vits and having heard the urgument of counsel, make; the following decision concerning the submitted matters in conrrn- versy between the City and the Debtor, Flow Memorial hospital was chartered and operated from September 1;100 through January 14, 1988 as a city/county huypital pursuant to Article 4494M.1. " Vernon's Annotated Texas Ci-,0 Statutes, Flow Regional Medical Center, Inc.. a not-fur-profit corporation itnd the Debtor in thin uaae, was created and com• menced hospital operations ou Junuttry lb, 1998, when the patient census did not materially increase., to n point where uperations would become profitable. the trusters of the Debt,ur nut-for-profit corporation voted to take those actions DECISION BY ARDITRATOR " Page 1 137.P.-IVEr1 DEC 1 7 1991 r t which might be required to close the facility. This bankruptcy case ivas iiiael on September 22, 1968, and operations continued under debtur-in.pussesston s_t,j~. Sale of the facility to Nutnmi Huapitttla of Texas, Inc, was effected to July IWO for the stated amount of $4,300,000, payable $2,600,000 in cash and a prMnhi: Or,e note for the $21,000,000 balance, payable in twenty (20) annual installments of $100,000 each, commencing u'lth the first annual installment on July 14, 1990 a and continuing annually on that same date through July 14, 2008, The 1we specifically provided that no interest shall be payable on the unpaid prmuipai. ,r That note,` and Its proceeds, is the principal res of the controversy between the City and the Debtor, On January 15, 1986. when the hospital uperatiune passa~d to Plots' Regional Medical Center, that new not-for-profit corporation lied executed and delivered to the City a deed of trust and security agreements in and to the lwbpltal land and facilities as security for payment by Debtor of certain ubligatfuns to the City and for payment by thu Debtur of other obligations ror which the City is or might be contingently liable. The Debtor's confirmed Flan provided for pay- ment of all allowed Maims of all parties including, without limitation, the utility clutma of the City of Donlon and the third party claims which were speeifieall}- allowed by the Court and for which the City could have been held contingently liable. All of those claims were paid by the Debtor and the Plan thus At'as auhstentiaily onnnnmmared. Thore was a third category of claims for which the Debtor was or could be contingently liable to the City. Debtor had agreed to indemnify the CitY against any claims whatsoever which might be filed or made upon the Cily by virtue of its relationahi , with the Debtur, pre-petition and poet-putltion. The parltea appeared to have in mind possible malpractice claims which might he C DECLSION BY AR13=6 9 • Page 2 t mnde by Minoru or others under a legal disability. The Debtor attempte;' i s provide insurance coverage to the City to protrt;t ag3lnat such contingent ciotm€, Debtor's r_onfirmed Plan provided that the City's lien shall continue in the Debt• or's assets until January 1, 2008, or until the Debtor provides insurance ^f a type Gpecifted in the Plan. It stated furt!,er: Until such time ae the insurance is provided by the Debtor and the Debtor has satisfied its Indemnity obligations to the (,-lty of + Denton. th+ Bens of the City of Denton shall remain In full force rind effect in and to all of the present assets of the Debtor, includ- ing. b•}tt not limited to g oavm_enta under the note rsceNb)Ie for th ale of the is ear f I w-d-and the hospital f l t said note f v; r been made by Not, _ Hospitals of Texas Inc (Emphasis Lidded.) The above factual matters do not appear to be substanrwilv in dispute between the parties. The thrust of the controversy Is concerned with the use of attempted use by Debtor of some of the proceeds of the $2.000,000 note, Under its Restated Articles of Licurporatlon, it had provided, among other things, that it could use the bust of its ability to provide up to $25,000 annually for health care related scholarships. It contends first that notwithstanding the fact that it hod provided the City with a security agreement against all of its orop- crt ie. and further thbt. its Plan had specifically rceognlzed the City's perfected liens. the City had not in fact filed a financing statement ur taken any other overt acts to perfect its claimed lien, That lapse on the part of the City, claims the Debtor, results in It having no lion against the proceeds of the note Mintsueven Alterrintively, Debtor posits that there war no consideration for the Restated and Amended Security Agreement (executed on February 19, 1988, effective as of January 15, 1988) which, fur the first time, makes the require- went for procurement of insurance. Finally, it contends that notwithstanding the DECISION RY ARRITRATOR • Page 3 \ Y. t rnct that the $2,000,000 note provides for nu interest, the Internal Rev?nue Servic. will impute interest to the not" and the Citv's lien, It any it has, is limited to the note proceeds after imputed Interest at g% per annum is amortized. Ench or those challenges advanced by the Debtor Is rejected. The lan- guage in the confirmed Plan which was ateYousted by the ~ s parties t, clear and unambiguous. Under the Plan the liens of the City are in full force and effec• Live against all assets of the Debtor lncluding specifically, but not limited to. all of the payments under the $2,000,000 nuts, As for as the City'1 lien is con. cerrted. It was intended to extend to the Cull payment as made each ;:e<tr, reitordless of whether the Debtur attampts to characterize a portion of it as imputed Interest" or not, The above cited pruvlsiun In the Plan appeal-,• to have been negotiated by the parties, long after the execution by the Debtor of the, Amended and Restated Stwurity Agreement, if any basis ever existed for ohulleoging the consideration for the security agreement, it his been waived. The City contends that if any additional perfection of its lien is required, it eon perfect only by possession of the monies as they uume in on Rn annual basis or by constructive possession of thos4 monies. It has submitted a proposed provision for an escrow arrangement. Ac4urdlttg w my understanding "r rhi• statements made by each of the parties during the course of the arbitratiun proceedings, they have agreed that the nimiles shall be held by First State Conk of Denton. Texan wills the fees of the ascrow holder to be paid by the City and with the earnings on thube monies to be used by the Debtor for lawful purpuses, with the corpus to he held Intact until the contingencies purported to be dddressed by the ,co,,rIrfned Plan have been met, In that event an e*crost D§EZ,gION 8Y ARBrrRATOR . 'age 4 5 f Fr s o- `s ~t ty f agreement approved by each party should by su4mltLed to the Court for appr-)%'al if the plan so provides for continuing oversight by the bankruptcy judgo, This Decision by Arbitrator to filed with the Court for Orders Vr Vther action. if any, deemed appropriate. SIGNED thiH 1131-h rimy of DeceLH,Rriattero a rr Arbitrator a R]s.' RIU 1:.06 1000 e DECISION BY ARBIMATOR Pogo a s c r t r I 1 EXHIBIT "B" ESCROW AGREEMENT This agreement is entered into by and among the City of Denton ("City"), the Flow Regional Medical Center, Inc. ("Flow"), and The First State Bank of Denton ("Escrow Agent") as follows: WHEREAS, the City has a continuing lien in the assets listed below by virtue oft that one certain Deed of Trust dated January 15, 1988 executed by Flow for the benefit of the City, which Deed of Trust is recorded in Volume 2909, Page 481 of the Official Real lee Property Records of Denton County, Texas; that one certain Amended and Restated Security Agreement executed on the 19th day of February, 1988 by Flow in favor of the City; and that one certain Plan of Liquidation, as amended, and as confirmed by order Confirming Plan of Liquidation of Flow Regional Medical Center, Inc. (the "Plan"), dated May 16, 1990 in Case Number 88-42099 in the United States Bankruptcy Court for the Eastern District of Texas, styled In Re: Flow Regional Me id cal tenter. Inc,; and WHEREAS, the City is desirous of perfecting its lien in the assets described below by placing the assets with the Escrow Agent under the terms of this agreement. NOW, THEREFORE, it is agreed as follows: 1. The following assets are tendered to the Escrow Agent pursuant to the terms of this Agreement, and shall be referred to herein as the "Escrowed Funds": A. That one certain promissory note in the original principal sum of $2,0001000 executed by Natomi Hospitals of Texas, Inc. payable to Flow. Flow agrees to notify ESCROW AGREEMENT PAGE 1 r t f1 Notami Hospitals of Texas, Inc. to make all future payments on said note directly to the Escrow Agent. B. $170,000 in face amount of U.S. Government obligations currently held in safekeeping at First state Bank of Denton for the benefit of Flow. 2. The Escrow Agent will not release any or all of the 9 principal amount of the Escrowed Funds until and unless: A. He is authorized to do so by a written document executed by the then serving City Manager of the City, after being duly authorized by the city Council, and the President of Flow (or the President of any successor entity to Flow); or B. January 1, 2008, at which time he may release all or part of the Escrowed Funds to Flow, upon such terms as it may direct, and without necessity of obtaining the permission of the City; or C. Flow procures the insurance described in the Plan. 3. The Escrow Agent shall also have the power to invest or reinvest the Escrowed Funds in such manner as directed by Flow, provided that any such investment or reinvestment of the Escrowed Funds shall remain subject to the terms of this Agreement. 4. Nothing herein shall prohibit the Escrow Agent from releasing any interest earned on the Escrowed Funds to Flow, as directed by Flow; provided, however, that the payments received on that one certain note receivable from Notami Hospitals of Texas, Inc. in the original principal sum of $2,000,000 are to be considered part of the principal of the Escrowed Funds and not E$gAQW AGREEMENT PAGE 2 r~ t i. „ h 'i 1 interest for purposes of this paragraph. 5. Any notices to be sent, or required to be sent or given under this agreement shall be sent to the address of the parties hereto, as follows: CITY: City manager ` City of Denton Municipal Building Denton, Texas 76201 City Attorney City of Denton Municipal Building Denton, Texas 76201 FLOW: Sennett Kirk, president c/o Flow Regional Medical Center 1310 Scripture Denton, Texas 76201 ESCROW First State Bank of Denton AGENT: Trust Department P.O. Box 100 Denton, Texas '76202 6. The City agrees to pay any and all fees or costs charged by the Escrow Agent in connection with this Agreement. Alternatively, in the event the City desires not to pay the fees of the Escrow Agent, the Escrow Agent may be changed to the President of the Board of Flow Regional Medical Center, Inc. or its successor, acting in his or her individual capacity, who agrees to act as Escrow Agent without fee. 7. Escrow Agent agrees that any cash funds held pursuant to -this agreement which may be placed in financial institutions, will be placed in such a manner as to insure that the funds are insured by a federal agency, such as the Federal Deposit Insurance Agency or are protected from the insolvency of any such institution by a C ESCROW AGREEMENT PAGE 7 ti r. F 4 i / Vf pledge of that institution's securities. 8. The Escrow Agent shall have no responsibility except for the safekeeping and delivery of the Escrowed Funds in accordance with this Agreement. The Escrow Agent shall not be liable for any act done or omitted to be done under this Agreement or in + connection with the amounts deposited, except as a result of the Escrow Agent's gvoss negligence or willful misconduct. If any ~r question, dispute or disagreement arises among any one or more of the parties hereto and/or any other party with respect to the funds deposited, the proper interpretation of this Agreement, the duties of the Escrow Agent hereunder or the sights of the parties to this Agreement, the Escrow Agent shall not be required to act and shall not be held liable for refusal to act until the question or dispute is settled, and the Escrow Agent has the absolute right to do either or both of the following: (a) withhold and/or stop all further performance under this Agreement until the Escrow Agent is satisfied, by receipt of a written document in form and substance satisfactory to the Escrow Agent and executed and binding upon all parties hereto, that the question, dispute, or disagreement has been resolved; or (b) file a suit in interpleader and obtain a final judgment rendered by a court of competent jurisdiction, an order binding all parties interested in this matter. 9. The City may change the Escrnw Agent at any time, provided that any successor Escrow Agent agrees to be bound by the ESCRCk AOREENEOT PACE 4 v. i~ U L pledge of that institution's securities. 8'. The Escrow Agent shall have no responsibility except for the safekeeping and delivery of the Escrowed Funds in accordance with this Agreement. The Escrow Agent shall not be liable for any act done or omitted to be done under this Agreement or in connection with the amounts deposited, except as a result of the Escrow Agent's gross negligence or willful. misconduct. If any question, dispute or disagreement arises among any one or more of the parties hereto and/or any other party with respect to the funds deposited, the proper interpretation of this Agreement, the duties of the Escrow Agent hereunder or the rights of the parties to this Agreement, the Escrow Agent shall not be required to act and shall not be held liable for refusal to act until the question or dispute is settled, and the Escrow Agent has the absolute right to do either or both of the following: (a) withhold and/or stop all further performance under this Agreement until the Escrow Agent is satisfied, by receipt of a written document in form and substance satisfactory to the Escrow Agent and executed and binding upon all parties hereto, that the question, dispute, or disagreement has been resolved; or (b) file a suit in interpleader and obtain a final judgment rendered by a court of competent jurisdiction, an order binding all parties interested in this matter. 9. The city may change the Escrow Agent at any time, provided that any successor Escrow Agent agrees to be bound by the C C EERENT - PAGE 6 t 5 {s a terms of this Escrow Agreement. 10. This Agreement shall be binding upon successors and assigns of the parties hereto. 11. The parties hereto agree that this Agreement is executed and performable in Denton County, Texas and that if any legal action is necessary in connection with this Agreement, exclusive 9 venue shall lie in Denton County, Texas. SIGNED this the day of 199-J'o FLOW REGIONAL MEDICAL CENTER, INC. By CITY OF DENTON By: - Bob Castleberry, Mayor FIRST STATE BANK OF DENTON By• - - Et ROV REEMEHI PAGE 5 l 1 ti ~ v~ CITY COUNCIL F' a_ may.. A FUO - ri: O~~~aao F o pp 0 . . ~OD~O~ y n Ov~~ r ~ O 0 O ~~pp4CUGGQU~~~~ t It f . •i 3 14 January 7, 1992 CITY COUNCIL AGENDA ITEM r TOt MAYOR AND MEM13ERS OF THE CITY COUNCIL FROM: Lloyd V. }larrell, City Manager a RE; CONSIDER RESOLUTIONS AU'T'HORIZING THE MAYOR TO EXECUTE AGREEMENTS BE`I'WVEN THE TEXAS MUNICIPAL POWER AGENCY AND THE CITIES OF DENTON, BRYAN, GARLAND AND GREENVILLE FOR THE ADMINIS'TRA'TION OF THE CONTRACT FOR THE SALE OF POWER AND ENERGY TO THE CITIES OF COLLEGE; S'T'ATION, BOWIE AND BRIDGEPORT. RECOMMENDATION: Staff recommends approval of subject resolutions. BACKGROUND/ SUMMARY: The four TMPA member cities have entered into power sales contracts with College Station, Bowie and Bridgeport. The four cities have requested that TMPA administer these contracts and finance and oversee the construction of the necessary power lines to serve these cities. The purpose of the subject agreements Is to contract with TMPA for the administration of these power stiles contracts, establish tho construction responsibilities and the paymont torms for the power lines to serve these cities, to establish an administration fee for TMPA, and to establish the agreement between the four cities on how the proceeds from those power sales will be divided between the titles. In each of the contracts, there is a section Identifying the facilities constructed to servo the respective city with ownership of the facilitiels residing with TMPA until September 30, 1996, at which time, ownership reverts to the four cities hi proportion to the facility payments Inade respectively by each of the four cities. The facility amortization payments are doductod from and based on the demand charge payments made by the purchasing city to the respective TMPA cities. Donton's share of the demand charge is based on Denton's proportionate share of excess generating capacity which presently is 1d.75%. rt S, t :w PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: City of Denton Municipal Utillties, Utility Customers, Logal Department, TMPA. FISCAL IMPACT: The Agreements will allow for distribution of revenues collected for Clio sale a of power and energy, It is estimated that tho annual revenue to Denton will be approximately as listed below before expenses of fuel and amortized costs of facilities. College Station $1.3 Million Bowie 175,000 Bridgeport 160,000 Respectfully, LYyvd Harrell, City M lager Prepared/Approveod by: r R; E. Nelson, Executive Diroctor Department of Ulilitios Exhibit I Rosolutions (3) c, 1 'v ee\WPdocs\k\tnpacmt,res Agenda No, __.La_..OD Agenda item_ Date RESOLUTION NO. A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE TEXAS MUNICIPAL POWER AGENCY AND THE CITIES OF DENTON, BRYAN, GARLAND AND GREENVILLE FOR THE ADMINISTRATION OF THE CONTRACT FOR THE SALE OF POWER AND ENERGY TO THE CITY OF COLLEGE STATION; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the Mayor is hereby authorized to execute an agreement between the Texas Municipal Power Agency and the Cities of Denton, Bryan, Garland and Greenville for the administration of the contract for the sale of power and energy to the City of College Station, under the terms and conditions contained in the agreement, a copy of which is attached hereto and made a part hereof. SECTION II, That this resolution shall become effective imme- diately upon its passage and approval. PASSED AND APPROVED this the day of 1992, BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTLRr. , CITY SECRE'T'ARY BY: APPROVED AS TO LEf",AL •r'G)ft DEBRA A. DRAYOVITCH, (1:12'1 AT'.t'ORMEY BY: ~d `i CONTRACT BY AND AMONG TEXAS MUNICIPAL POWER AGENCY AND THE CITIES OF BRYAN, DENTON, GARLAND AND GREENYILLE, TEXAS FOR THE ADMINISTRATION OF THE CONTRACT FOR THE SALE OF POWER AND ENERGY BY THE CITIES TO COLLEGE STATION, TEXAS a THIS AGREEMENT, made and entered into as of the day of 1991, by and among the Texas Municipal Power Agency ("TMPA") and the Cities of Bryan, Denton, Garland, and Greenville ("the Cities"), all municipal corporations organized under the laws of the State of Texas. WITNESSETH: WHEREAS, the Cities have each entered into a contract with the City of Collage Station, Texas ("College Station"), providing for the sale to College Station of power and energy, which contract (the "College Station Contract") is attached hereto for purposes of identification only, and marked as Exhibit "A", WHEREAS, the Cities desire to enter into an agreement among themselves to provide for the administration of the College Station Contract by TMPA, and to provide for the distribution of revenues from such sales of power and energy proportionate to the Cities` respective contributions to such sale. NOW, THEREFORE, in consideration of the mutual covenants and agreements of the parties hereto as hereinafter set forth, the parties do hereby contract and agree as follows; C f, v if CONTRACT BY AND AMONG TEXAS MUNICIPAL POWER AGENCY AND THE CITIES OF BRYAN, DENTON, GARLAND AND GREENVILLE, TEXAS FOR THE ADMINISTRATION OF THE CONTRACT FOR THE SALE OF POWER AND ENERGY BY THE CITIES TO COLLEGE STATION, TEXAS 9 THIS AGREEMENT, made and entered into as of the day of 1991, by and among the Texas Municipal Power Agency ("TMPA") and the Cities of Bryan, Denton, Garland, and Greenville ("the Cities"), all municipal corporations organized under the laws of the State of Texas. WITNESSETH: WHEREAS, the Cities have each entered into a contract with the City of College Station, Texas ("College Station"), providing for the sale to College Station of power and energy, which contract (the "College Station Contract") is attached hereto for purposes of identification only, and marked as Exhibit "A". WHEREAS, the Cities desire to enter into an agreement among themselves to provide for the administration of the College Station Contract by TMPA, and to provide for the distribution of revenues from such sales of power and energy proportionate to the Cities' respective contributions to such sale. NOW, THEREFORE, in consideration of the mutual covenants and agreements of the parties hereto as hereinafter set forth, the parties do hereby contract and agree as follows: C i F '7 1 ti l l Section I. ADMINISTRATION Of THE COLLEGE STATION CONTRACT (a) In order to provide for the proper administration of the College Station Contract, the Cities each designate TMPA as each City's agent to perform the billing services described in the College Station Contract. TMPA shall render statements for the capacity and energy charges which may accrue under said contract to College Station in accordance with the terms of the contract. ° Complete and necessary records of all sales of energy and capacity under such contract and all actions taken by TMPA thereunder on behalf of the Cities shall be maintained by TMPA and furnished on a monthly basis to each City, (b) TMPA shall determine the allocation, of each City of the amount received from College Station for capacity and energy sold to College Station by the Cities in accordance with the terms of the College Station Contract and with the terms of this Agreement. Such allocation shall be disbursed to the Cities . within ten (10) days after the receipt of each payment from College Station. For all disbursements made after said ten (10) days ("Late Payments"), TMPA shall pay interest to each City (to accrue commencing on the eleventh day following the receipt by the Agency of payment from College Station) at the Average Interest Earnings rate as described in Exhibit "C". The obligation to pay interest on Late Payments shall apply to amounts received from College Station both before and after the date of this Agreement, (c) TMPA will request and the Cities will provide necessary information to allow TMPA to make a calculation of average annual energy cost to determine if College Station paid more than such cost, after adjusting for load factor and the effect of delivery at distribution voltage. Any over-collections so identified will be rebated to College Station by TMPA. TMPA will be reimbursed for the rebate out of revenues received from College Station following the rebate prior to disbursement of the revenues to the Cities, or as otherr.vise agreed between TMPA and the Cities if, following the rebate, revenues from College Station are not adequate to cover the rebate. c~ ff 1S i 1 SECTION 2: COMPUTATION OF CHARGES FOR CAPACITY AND ENERGY (a) DEMAND CHARGES Each City will receive a percentage share of the demand revenue. This percentage shall be the percentage of each City's generating capacity above load and required reserves to the sum of the four Cities' generating capacity above load and required reserves, except that no City's percentage shall ever drop below 1.50. In the event that this calculation yields a number below 1.5% for one or more Cities, that City or those Cities shall receive 1.5% of the revenue each, with the balance being allocated to the remaining Cities in proportion to their generating capacity above their load and required reserves. As used herein, "generating capacity" means the maximum normal rated load carrying capability of generating equipment expressed in MW. A monthly disbursement of the payments received from College Station for demand charges shall be made to the Cities, based upon estimates of peak loads, generating capacity and excess generating capacity. At such time as the Cities' actual peak loads have been established, TMPA <hall compute the variances between the payments based on estimates, and payments based on actual operating figures, and corrections for such variances shall be reflected in subsequent disbursements. (b) ENERGY AND FUEL CHARGES Income attributable to energy and fuel charges shall be allocated to each of the Cities in accordance with the energy supplied to College Station by each City. Energy from Gibbons Creek shall be supplied to College Station from each City's Net Energy For Load as defined by the Power Sales Contracts and calculated by TMPA at the beginning of each Fiscal Year. Purchased power shall be supplied to College Station in the same manner as the energy from Gibbons Creek. Energy generated by the Cities for College Station shall be allocated among the Cities based on each City's generation as a percentage of the total generation of al) of the Cities. Y v i' .'s ' u d SECTION 3; ADDITIONAL FACILITIES (a) TMPA agrees to construct the facilities shown on Exhibit 118" (hereinafter, the "Facilities"), TMPA will own and operate the Facilities until the date title to the Facilities is transferred to the TMPA Cities under subsection (b). Approval by the Cities of the use of proceeds of the Comanche Peak Settlement Agreement for construction of the Facilities is hereby given. (b) The Cities agree to pay TMPA an administration fee (hereinafter, the "Administration Fee") in amounts sufficient to amortize TMPA's construction expense at TMPA's average interest earnings rate over a period (hereinafter, the Amortization Period) beginning on the first date of power delivery and ending September 30, 1996. The Administration Fee shall be allocated to each City in the same proportion that revenues from demand charges from College Station are. distributed to -ach City under this Agreement, TMPA's Administration Fee (including the average interest earnings rate) shall be determined in accordance with Exhibit "C". At the end of the Amortization Period, title to the Facilities will be transferred automatically under this Agreement to the TMPA Cities, with each TMPA City owning an undivided interest in the Facilities in the same proportion that each TMPA City has contributed to the Administration Fee through September 30, 1996. If the Cities request, TMPA shall execute a deed which reflects the conveyance of title, in a form acceptable to the Cities and TMPA. Prior to the conveyance of title to the Facilities on September 30, 1996, TMPA shall, in accordance with Section 272.001(b), Local Government Code (the "Statute"), obtain an appraisal of the Facilities, The purchase price for the Facilities shall be the Administration Fee, unless a greater amount is required by the Statute. (c) TMPA shall deduct its Administration Fee from the revenues paid under the College Station Contract prior to disbursement to the Cities under Section 1(b). i f ~I i (d) TMPA shall, prior to and after conveyance of title to the Facilities to the Cities, maintain the Facilities. TMPA may maintain the Facilities utilizing TMPA personnel or may cause these Facilities to be maintained by contracting with a City, a contractor, or others to provide such maintenance, The maintenance costs (hereinafter, the "Maintenance Fee") shall be deducted by TMPA from the revenues received from College Station prior to disbursement of the revenues to the Cities, and shall be allocated to the Cities in the same proportion that the revenues from demand charges from College Station are distributed to each City under this Agreemeot. TMPA shall discontinue collection of the Maintenance Fee if it exercises the option under subsection (e) to purchase or retain title to the Facilities. (e) If the Cities re-create TMPA by the addition of College Station, College Station otherwise becomes a member of TMPA, or TMPA becomes obligated to sell power or energy to College Station, TMPA, if it determines that ownership of the Facilities is advisable, may acquire or retain title to the Facilities in the following manner: 1. Prior to the end of the Amortization Period, TMPA may retain title to the Facilities by refunding any previously collected Administration Fee (not including interest paid during the Amortization Period) and by discontinuing collection of the Administration Fee. 2. After the Amortization Period, TMPA may purchase title to the Facilities. The purchase price shall be the fair, market value of the Facilities, as required by the Statute. TMPA, in order to exercise this option, may, at least six (6) months prior to the proposed closing date, mail to the Cities a written notice which states that TMPA intends to exercise its option to purchase the Facilities and which specifies the proposed closing date. Within two (2) months following the mailing of the notice, the Cities shall in good faith select a qualified : .r .i app ser and direct the appraiser tc )praise the Facilities within two (2) months following the selection of the appraiser. If TMPA agrees with the appraisal, then, on the i closing date (i) the Cities shall execute a deed which reflects the conveyance of title, in a form acceptable to the Cities and TMPA and (ii) TMPA shall pay to the Cities the fair market value of the Facilities as determined by the Appraisal. SECTION 4: DURATION OF AGREEMENT This Agreement shall be in effect concurrently with and for so long as the College Station Contract is in effect for all of Bryan, Denton, Garland, and Greenville. This Agreement shall terminate when the College Station Contract terminates with respect to any of Bryan, Denton, Garland or Greenville. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year above written. CITY OF BRYAN ATTEST: vu- By. , APPRG FD City Attorney CITY OF DENTON ATTEST: By: C.,Y OF GARLAND ATTEST: By: CITY OF GREENVILLE ATTEST: By:~ TEXAS MUNICIPAL POWER AGENCY ATTEST: Ed Wagone Executive Director and General Manager Y. U §i I 0 EXHIBIT "A" r ti I V 1 i~ f EXHIBIT 'BM F Gibbons Creek Substation Modifications, and related facilities, Gibbons Creek-Greens Prairie 138 KV line ties. Metering, SCADA, etc,, as required. 4 „nM C ~.I or 19 r ti EXHIBIT "C" 1. "Project Costs" are the costs of labor, materials, contractors, professional services, and other costs (including interest on such costs accrued during construction and calculated at the Average Interest Earnings Rate) relating to the construction of the facilities described in Exhibit "B" as shown in the Agency's accounting records. n 2. The "Average Interest Earnings Rate" is the interest rate determined, on a monthly basis, by averaging the daily rates shown in the Agency's Open Repo Investment Account. 3. The Administration Fee shall be calculated by amortizing the sum of the Project Costs by the amortization period. The Administration Fee shall also include an interest charge determined as follows: (i) On the date of the commencement of the delivery of power and energy through the facilities described in Exhibit "B", interest on the declining balance of Project Costs shall accrue on a monthly basis at the Average Interest Earnings Rate; (ii) In order to levelize the charge for interest, TMPA may impose a fixed rate for a twelve month or longer period, and adjust the interest charge at a later date to reflect the actual interest accrued each month under the Average Interest Earnings Rate. The fixed rate shall be based on the Average Interest Earnings Rate determined on the last day of the month preceding the period during which the fixed rate is to be applied. 4 K~ Y. - - - - - CITY r -COUNCIL r~ - 4.. i• Y 1. . r r _ i ' r _r ti • t :r ± o o c_Y. L y ~-~~O F L * r;J 1 t _ '4 1 O~ r e^ U ~ .!.h loo 70nY r ~U~~~~ x,1'4 rL l.♦ LF f r ,rJ ,tt~t-rr~~t#~;11~~ ♦J , -}r~l 4 4 1 ll l~ 1 J H1 ~ . t-. `JIM ♦ 4li4 LL 114l1µ.♦ { 1—— 4 t r 0:\W docs\k\tmpacont.res Agenda No. c) (3 Agenda Item-?, `s " - D Da to rte _~_C) RESOLUTION NO. A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE TEXAS MUNICIPAL POWER AGENCY AND THE CITIES OF DENTON, BRYAN, GARLAND AND GREENVILLE FOR THE ADMINISTRATION OF THE CONTRACT FOR THE SALE OF POWER AND ENERGY TO THE CITY OF BOWIE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the Mayor is hereby authorized to execute an a agreement between the Texas Municipal Power Agency r,„+d the Cities of Denton, Bryan, Garland and Greenville for the administration of the contract for the sale of power and energy to the city of Bowie, under the terms and conditions contained in the agreement, a copy of which is attached hereto and made a part hereof. SECTION Ii. That this resolution shall become effective imme- diately upon its passage and approval. PASSED AND APPROVED this the clay of 1992. SOB CAST LE BERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: i 1 f 4f i M 1 CONTRACT BY AND AMONG TEXAS MUNICIPAL POWER AGENCY AND THE CITIES OF BRYAN, DENTON, GARLAND AND GREENVILLE, TEXAS FOR THE ADMINISTRATION OF THE CONTRACT FOR THE SALE OF POWER AND ENERGY BY THE CITIES TO BOWIE, TEXAS 0 THIS AGREEMENT, made and entered into as of the day of , 1991, by and among the Texas Municipal Power Agency ("TMPA") and the Cities of 'lee Bryan, Denton, Garland, and Greenville ("the Cities"), all municipal corporations organized under the laws of the State of Texas. WITNESSETHi WHEREAS, the Cities have each entered into a contract with the City of Bowie, Texas ("Bowie"), providing for the sale to Bowie of power and energy, which contract (the "Bowie Contract") is attached hereto for purposes of identification only, and marked as Exhibit "A". WHEREAS, the Cities desire to enter into an agreement among themselves to provide for the administration of the Bowie Contract by TMPA, and to provide for the distribution of revenues from such sales of power and energy proportionate to the Cities' resp(:ctive contributions to such sale. NOW, THEREFORE, in consideration of the mutual covenants and agreements of the partit3 hereto as hereinafter set forth, the parties do hereby contract and agree as follows; ~Y Section I. ADMINISTRATION OF THE BOWIE CONTRACT (a) In order to provide for the proper administration of the Bowie Contract, the Cities each designate TMPA as each City's agent to 1:.erform the billing services described in the Bowie Contract. TMPA shall render statenonts for the capacity and energy charges which may accrue under said contract to Bowie in accordance with the terms of the contract. Complete and necessary records of all sales of energy and capacity under such contract and all actions taken by TMPA thereunder on behalf of r,he Cities shall be maintained by TMPA and furnished on a monthly basis to each City. (b) TMPA shall determine the allocation of each City of the amount received from Bowie for capacity and energy sold to Bowie by the Cities in accordance with the terms of the Bowie Contract and with the terms of this Agreement. Such allocation shall be disbursed to the Cities within ten (I0) days., after the receipt of each payment from Bowie, For all disbursements made after said ten (I0) days ("Late Payments"), TMPA shall pay interest to each City (to accrue commencing on the eleventh day following the receipt by the Agency of payment from Bowie) at the Aver..,ge Interest Earnings rate as described in Exhibit "C". The obligation to pay interest on Late Payments shall apply to amounts received from Bowie both before and after the date of this Agreement. (c) TMPA will request and the Cities will provide necessary information to allow TMPA to make a calculation of average annual energy cost to determine if Bowie paid more than such cost, after adjusting for load factor and the effect of delivery at distribution voltage. Any over-collections so identified will be rebated to Bowie by TMPA. TMPA will be reimbursed for the rebate out of revenues received from Bowie following the rebate prior to disbursement of the revenues to the Cities, or as otherwise agreed between TMPA and the Cities if, following the rebate, revenues from Bowie are not adequate to cover the rebate, 1, SECTION 2; C(MPUTATIO14_OF CHARGES FOR CAPACITY AND ENERGY (a) DEMAND CHARGES Each City will receive a percentage share of the demand revenue. The percentage share shall be calculated in two parts. The first part represents the proportion that the generating capacity of TMPA generating units in commercial operation (excluding Comanche Peak) bears to the generating capacities of all TMPA and City units (excluding Comanche Peak) in commercial operation. That part shall be allocated to each City in accordance with each City's allocation of generating capacity from TMPA. The remaining part shall be distributed in accordance with the percentage that each City's generating capacity above load and required reserves bears to the sum of the four Cities' generating capacity above load and required reserves. As used herein, "generating capacity" means the maximum normal rated load carrying capability of generating equipment expressed in MW. A monthly disbursement of the payments received from Bowie for demand charges shall be made to the Cities, based upon estimates of peak loads, generating capacity and excess generating capacity, At such time as the Cities' actual peak loads have been established, TMPA shall compute the variances between the payments based on estimates, and payments based on actual operating figures, and corrections for such variances shall be reflected in subsequent disbursements, (b) ENERGY AND FUEL CHARGES Income attributable to energy and fuel charges shall be allocated to each of the Cities in accordance with the energy supplied to Bowie by each City. Energy from Gibbons Creek shall be supplied to Bowie from each City's Net Energy For Load as defined by the Power Sales Contracts and calculated by TMPA at the beginning of each Fiscal Year. Purchased power shall be supplied to Bowie in the same manner as the energy from Gibbons Creek. Energy generated by the Cities for Bowie shall be allocated among the Cities based on each City's generation as a percentage of the total generation of all of the Cities. i 1 SECTION 3; ADDITIONAL FACILITIES (a) TMPA agrees to construct the facilities shown on Exhibit "8" (hereinafter, the "Facilities"). TMPA will own and operate the Facilities until the date title to the Facilities is transferred to the TMPA Cities under subsection (b). Approval by the Cities of the use of proceeds of the ,omanche Peak Settlement Agreement for construction of the Facilities is hereby given. (b) The Cities agree to pay TMPA an administration fee (hereinafter, the " "Administration Fee") in amounts sufficient to amortize TMPA's construction expense at TMPA's average interest earnings rate over a period (hereinafter, the Amortization Period) beginning on the first date of power delivery and ending September 30, 1996. The Administration Fee shall be allocated to each City in the same proportion that revenues from demand charges from Bowie are distributed to each City under this Agreement. TMPA's Administration Fee (including the average interest earnings rate) shall be determined in accordance with Exhibit. "C". At the end of the Amortization Period, title to the Facilities will be transferred automatically under this Agreement to the TMPA Cities, with each TMPA City owning an undivided interest in the Facilities in the same proportion that each TMPA City has contributed to the Administration Fee through September 30, 1996. If the Cities request, TMPA shall execute a deed which reflects the conveyance of title, in a form acceptable to the Cities and TMPA. Prior to the conveyance of title to the Facilities on Sdptember 30, 1996, TMPA shall, in accordance with Section 272.001(b), Local Government Code (the "Statute"), obtain an appraisal of the Facilities. The purchase price for the Facilities shall be the Administration Fee, unless a greater amount is required by the Statute. (c) TMPA shall deduct its Administration Fee from the revenues paid under the Bowie Contract prior to disbursement to the Cities under Section 1(b). (d) TMPA shall, prior to and after conveyance of title to the Facilities to the Cities, maintain the Facilities. TMPA may maintain the Facilities utilizing TMPA personnel or may cause these Facilities to be maintained by contracting with a City, a contractor, or others to provide such maintenance. C. c r The maintenance costs (hereinafter, the "Maintenance Frc'') shall be deducted by TMPA from the revenues received from Bowie prior to disbursement of the revenues to the Cities, and shall be allocated to the Cities in the same proportion that the revenues from demand charges from Bowie are distributed to each City under this Agreement. SECTION 4: DURATION OF AGREEMENT This Agreement shall be in effect concurrently with and for so long as the Bowie Contract is in effect for all of Bryan, Denton, Garland, and Greenville. This Agreement shall terminate when the Bowie Contract terminates with respect to any of Bryan, Denton, Garland or Greenville. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year above written. CITY OF BRYAN ATTEST: APP 0 Fd~b City Attorney CITY OF DENTON ATTEST: By: CITY OF GARLAND ATTEST: - By: CITY OF GREENVILLE ATTEST: By: TEXAS MUNICIPAL POWER AGENCY ATTEST: o ( By : 1.._--- (J Ed Wagoner xecutive Director and General Manager St F , i! yl, i I EXHIBIT "A" { c r pA 1 U 1 it 11 Si EXHIBIT "B" I 138 KV Tap Point on BEPC line. 138 KV double circuit line from Tap point to City of Bowie's Patterson Substation. 2-138 KV Breakers in Patterson Substation. Relaying metering, SCADA etc,, as required. EXHIBIT "C" 1. "Project Costs" are the costs of labor, materials, contractors, professional services, and other costs (including interest on such costs accrued during construction and calculated at the Average Interest Earnings Rate) relating to the construction of the facilities described in Exhibit "B" of this Contract as shown in the Agency's accounting records. 2. The "Average Interest Earnings Rate" is the interest rate determined, on o a monthly basis, by averaging the daily rates shown in the Agency's Open Repo Investment Account. 3. The Administration Fee shall be calculated by amortizing the sum of the ` Project Costs by the amortization period. The Administ~,°atiin Fee shall also include an interest charge determined as follows: (i) On the date of the commencement of the delivery of power and energy through the facilities described in Exhibit "B", interest on the declining balance of Project Costs shall accrue on a monthly basis at the Average Interest Earnings Rate; (ii) In order to levelize the charge for interest, TMPA may impose a fixed rate for a twelve month or longer period, and adjust tho interest charge at a later date to reflect the actual interest accrued each month under the Average Interest Earnings Rate. The fixed rate shall be based on the Average Interest Earnings Rate determined on the last day of the month preceding the period during which the fixed rate is to be applied. r. h +f ~ 44 a i CITY t tt COUNCIL a i r t -1-~ •-~41 _ ~a i-lI • 1 _ Lr~L. f -1y14. _ .-ti1-1 L. _I_r t-• 1 } LI ~it-Ir-L 1 f l L .y - GO 4{~ L~.4 ~ u. a oo~,0no"coaF~ 1 H41 ~ op~~ti ` ~ coo LL tz~ 1 ° ~4 4- J H 4 r et\wpdocs\k\tmpacont.res ~sJ Agenda No. ~`nn..l..__....__ Agenda peer R~ !L RESOLUTION N0. - A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE TEXAS MUNICIPAL POWER AGENCY AND THE CITIES OF DENT0I4, BRYAN, GARLAND AND GREENVILLE FOR THE ADMINISTRATION OF THE CONTRACT FOR c THE SALE OF POWER AND ENERG'. TO THE CITY OF BRIDGEPORT; AND PRO- VIDING AN EFFECTIVE DAZE. THE COUNCIL OF THE :!:P.. OF DENTON HEREBY RESOLVES: SECTION I. That the mayor is hereby authorized to execute an agreement between the Texas nd Greenville for the Agency administration and the Cities of Denton, Bryan Garland of the contract for the sale of power and energy to the City of agree- Bridgeport,y of under h ment, a cop which is attached hereto and made a part hereof. SECTION II.. That th.s resolution shall become effective imme- diately upon its passage and approval. 1992. PASSED AND APPROVED t1--is the _ day of BOB CASTLEBERRY,~MAYOR A ATTEST: JENNIFER WALTERS, CITY SECRETARY _ BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: c 'a CONTRACT BY AND AMONG TEXAS MUNICIPAL POWER AGENCY AND THE CITIES OF BRYAN, DENTON, GARLAND AND GREENYILLE, TEXAS FOR THE ADMINISTRATION OF THE CONTRACT FOR THE SALE OF POWER AND ENERGY BY THE CITIES TO BRIDGEPORT, TEXAS a THIS AGREEMENT, made and entered into as of the day of , 1991, by and among the Texas Municipal Power Agency ("TMPA") and the Cities of , Bryan, Denton, Garland, and Greenville S"the Cities"), all municipal corporations organized under the laws of the State of Texas. WITNESSETN: WHEREAS, the Cities have each entered into a contract with the City of Bridgeport, Texas ("Bridgeport"), providing for the sale to Bridgeport of power and energy, which contract (the "Bridgeport Contract") is attached hereto for purposes of identification only, and marked as Exhibit "A". WHEREAS, the Cities desire to enter into an agreement among themselves to provide for, among other matters, the administration of the Bridgeport Contract by TMPA, to provide for the distribution of revenues from such sales of power and energy proportionate to the Cities' respective contributions to such sale, and to provide for the joint ownership by the Cities of the transmission facilities and easements necessary to support the sale of power and energy to Bridgeport. WHEREAS, TMPA is, under the Interlocal Cooperation Act and other law, authorized to contract with the Cities to perform purchasing, administrative, and other services for the Cities, and the Cities are likewise authorized to contract with the Agency for the performance of said services for the Cities; C c. NOW, THEREFORE, in consideration of the mutual covenants and agreements of the parties hereto as hereinafter set forth, the parties do hereby contract and agree as follows; Section I, ADMINISTRATION OF THE BRIDGEPORT CONTRACT (a) In order to provide necessary engineering services and to provide for the proper administration of the Bridgeport Contract, the Cities each designate TMPA as each City's agent to perform the billing services described in the Bridgeport Contract. TMPA shall render statements for the capacity and energy charges which may accrue under said contract to Bridgeport in accordance with the terms of the contract. Complete and necessary records of all sales of energy and capacity under such contract and all actions taken by TMPA thereunder on behalf of the Cities shall be maintained by TMPA and furnished on a monthly basis to each City. (b) TMPA shall determine the allocation of each City of the amount received from Bridgeport for capacity and energy sold to Bridgeport by the Cities in accordance with the terms of the Bridgeport Contract and with the terms of this Agreement. Such allocation shall be disbursed to the Cities within ten (10) days after the receipt of each payment from Bridgeport, For all disbursements made after said ten (10) days ("Late Payments"), TMPA shall pay interest to each City (to accrue commencing on the eleventh day following the receipt by the Agency of payment from Bridgeport) at the Average Interest Earnings rate as described in Exhibit "C". The obligation to pay interest on Late Payments shall apply to amounts received from Bridgeport both before and after the date of this Agreement. (c) TMPA will request and the Cities will provide necessary information to allow TMPA to make d calculation of average annual energy cost to determine if Bridgeport paid more than such cost, after adjusting for load factor and the effect of delivery at distribution voltage. Any over-collections so identified j will be rebated to Bridgeport by TMPA. TMPA will be reimbursed for the rebate out of revenues received from Bridgeport following the rebate prior to disbursement of the revenues to the Cities, or as otherwise agreed between TMPA and the Cities if, following the rebate, revenues from Bridgeport are not adequate to cover the rebate, SECTION 2: COMPUTATION OF CHARGES FOR CAPACITY AND ENERGY (a) DEMAND CHARGES 9 Each City will receive a percentage share of the demand revenue. The percentage share shall be calculated in two parts. The first part represents the proportion that the generating capacity of TMPA generating units in commercial operation (excluding Comanche Peak) bears to the generating capacities of all TMPA and City units (excluding Comanche Peak) in commercial operation. That part shall be allocated to each City in accordance with each City's allocation of capacity from TMPA. The remaining part shall be distributed in accordance with the percentage that each City's generating capacity above load and required reserves bears to the sum of the four Cities' generating capacity above load and required reserves. As used herein, "generating capacity" means the maximum normal rated load carrying capability of generating equipment expressed in MW. A monthly disbursement of the payments received from Bridgeport for demand charges shall be made to the Cities, based upon estimates of peak loads, generating capacity and excess generating capacity. At such time as the Cities' actual peak loads have been established, TMPA shall compute the variances between the payments based on estimates, and payments based on actual operating figures, and corrections for such variances shall be reflected in subsequent disbursements. (b) ENERGY AND FUEL. CHARGES Income attributable to energy and fuei charges shall be allocated to each of the Cities in accordance with the energy supplied to Bridgeport by each City. Energy from Gibbons Creek shall be supplied to Bridgeport from each City's Net 4 C 1 Energy For Load as de. ,ed by the Power Sales Contract. nd calculated by TMPA at the beginning of each Fiscal Year. Purchased power shall be supplied to Bridgeport in the same manner as the energy from Gibbons Creek. Energy generated by the Cities for Bridgeport shall be allocated among the Cities based on each City's generation as a percentage of the total generation of all of the Cities. SECTION 3: ,1OINTLY OWNED FACILITIES (a) TMPA agrees to provide necessary engineering services and to construct the facilities shown on Exhibit "B" (hereinafter, the "Facilities"). The Cities shall be joint owners of the Facilities in the proportions set forth in Exhibit 11D11 . (b) The easements necessary for the Facilities may be purchased by any v' City, or by TMPA acting as the purchasing agent of the Cities. With respect to easements obtained in the name of TMPA ("TMPA Easements"), this Agreement constitutes a lease of TMPA Easements to the Cities. In addition, on request of the Cities, TMPA will convey the TMPA Easements to the Cities, in which case the Cities will be joint owners of the TMPA Easements in accordance with the proportions set forth in Exhibit "D". The purchase price for the TMPA Easements is the Administration Fee, unless a greater amount is required by Section 272.001(b), Local Government Code. (c) In the event it is necessary to exercise the power of eminent domain to acquire easements for the Facilities, each City is, under this Agreement, and under the authority in Section 4 of Tex. Rev. Civ. Stat. Ann, article 1435a (Vernon 1980), authorized to acquire the easements through the exercise of eminent domain for the use and benefit of all of the Cities. The ownership interests of the Cities, respecting easements purchased by a City or acquired through the exercise of eminent domain by a City, shall be in tree proportions set forth in Exhibit "D". (d) All costs of the Facilities and easements, including the costs of any proceedings in eminent domain, shall be borne initially by TMPA, and recovered subsenueijtiy by TMPA in the Administration Fee. TMPA may utilize proceeds of the Comanche Peak Settlement for the initial payment of such costs. . k I. k Energy For Load as de ed by the Power Sales Contract_ nd calculated by TMPA at the beginning of each Fiscal Year. Purchased power shall be supplied to Bridgeport in the same manner as the energy from Gibbons Creek. Energy generated by the Cities for Bridgeport shall be allocated among the Cities based on each City's generation as a percentage of the total generation of all of the Cities, SECTION 3: JOINTLY OWNED FACILITIES (a) TMPA agrees to provide necessary engineering services and to construct the facilities shown on Exhibit "B" (hereinafter, the "Facilities"). The Cities shall be joint owners of the Facilities in the proportions set forth in Exhibit „D (b) The easements necessary for the Facilities may be purchased by any City, or by TMPA acting as the purchasing agent of the CI-6c-. With respect to easements obtained in the name of TMPA ("TMPA Easements"), this Agreement constitutes a lease of TMPA Easements to the Cities. In addition, on request of the Cities, TMPA will convey the TMPA Easements to the Cities, in which case the Cities will be joint owner, of the TMPA Easements in accordance with the proportions set forth in Exhibit "D", The purchase price for the TMPA Easements is the Administration Fee, unless a greater amount is required by Section 272,001(b), Local Government Code. (c) In the event it is necessary to exercise the power of eminent domain to acquire easements for the Facilities, each City is, under this Agreement, and under the authority in Section 4 of Tex, Rev. Civ. Stat, Ann, article 1435a (Vernon 1980), authorized to acquire the easements through the exercise of eminent domain for the use and benefit of all of the Cities. The ownership interests of the Cities, respecting easements purchased by a City or acquired through the exercise of eminent domain by a City, shall be in the proportions set forth in Exhibit "D", (d) All costs of the Facilities and easements, including the costs of any proceedings in eminent domain, shall be borne initially by TMPA, and recovered subsequently by TMPA in the Administration Fee, TMPA may utilize proceeds of the Comanche Peak Settlement for the initial payment of such costs, a ]I (e) The Cities agree to pay TM PA an administration fee (the "Administration Fee") in amounts sufficient to amortize TMPA's construction expense at TMPA's average interest earnings rate over a period (hereinafter, the Amortization Period) beginning on the first date of power delivery and ending September 30, 1996. The Administration Fee shall be allocated to each City in the same proportion that revenues from demand charges from Bridgeport are distributed to each City under this Agreement. TMPA's Administration Fee (including the average interest earnings rate) shall be determined in accordance with Exhibit "C". (f) TMPA shall deduct its Administration Fee from the revenues paid under the Bridgeport Contract prior to disbursement to the Cities under Section 1(b),, (g) TMPA shall maintain the Facilities. TMPA may maintain the Facilities utilizing TMPA personnel or may cause these Facilities to be maintained by contracting with a City, a contractor, or others to provide such maintenance. The maintenance costs (hereinafter, the "Maintenance Fee") shall be deducted by TMPA from the revenues received from Bridgeport prior to disbursement of the revenues to the Cities, and shall be allocated to the Cities in the same proportion that the revenues from demand charges from Bridgeport are distributed to each City under this Agreement, SECTION 4: DURATION OF AGREEMENT This Agreement shall be in effect roncurrentiy with and for so long as the Bridgeport Contract is in effect for all of Bryan, Denton, Garland, and Greenville. This Agreement shall terminate when the Bridgeport Contract terniinates with respect to any of Bryan, Denton, Garland or Greenville. r. r. ii IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year above written. CITY OF BRYAN ATTEST: c By: aprBO AS TO FROM City Att rney CITY Of DF.NTON ATTEST: By: CITY OF GARLAND ATTEST: By:_ CITY OF GREENVILLE ATTEST: BY:, TEXAS MUNICIPAL POWER AGENCY ATTEST: Py: Ed Wagoner xecutive Director and General Manager v 7 ~ . k: i~ r 1fe EXHIBIT "A" A `V 4 'h i L EXWIBIT "S" Decater-Bridgeport 138 K4 line. Rebuild of approximately 4 miles of 12.5 KY Distribution Line, Metering, SCADA, etc., as required. ° A f r ~ v ii EXHIBIT "C" I "Project Costs" are the costs of labor, materials, contractors, professional services, and other costs (including interest on such costs accrued during construction and calculated at the Average Interest Earnings Rate) relating to the construction of the facilities described in Exhibit "8" of this Contract and the facilities described in Exhibits H and I of the Bridgeport Contract as shown in the Agency's accounting records. 2. The "Average Interest Earnings Rate" is the interest rate determined, on a monthly basis, by averaging the daily rates shown in the Agency's Open 'Ile Repo Investment Account. 3. The Administration Fee shall be calculated by amortizing the sum of the Project Costs by the amortization period. The Administration Fee shall also include an interest charge determined as follows: (i) On the date of the commencement of the delivery of power and energy through the facilities described in Exhibit "B", interest on the declining balance of Project Costs shall accrue on a monthly basis at the Average Interest Earnings Rate; (ii) in order to levelize the charge for interest, TMPA may impose a fixed rate for a twelve month or longer period, and adjust the interest charge at a later date to reflect the actual interest accrued each month under the Average Interest Earnings Rate. The fixed rate shall be based on the Average Interest Earnings Rate determined on the last day of the fnonth preceding the period during which the fixed rate is to be applied. , C c f EXHIBIT "D" On execution of this Agreement, the Cities ownership interests in the Facilities and easements shall be in the following proportions: Bryan 38.06% Denton 8.58> Garland 40.820 Greenville 12:549-, s On Oecember 1, 1996, the above ownership interests shall be adjusted in the following manner. Each City's final percentage ownership will be the percentage that each City's Administration Fee paid to the Agency for the period commencing, on May 1, 1992, and ending September 30, 1996 (including the final payment of the Administration Fee, if received after September 30, 1996) bears to the total Administration Fees paid by all Cities for the same period. i l H ~ r OCITY COUNCTI ~J- j_ } 1 .W l..y iJ•11 - 4H QQQ1 O' D OQQ ADO r r r i. AgondaNo. ~.n Agenda s r CITY of DENTON, TEXAS MUNICIPAL BUILDING / DEN70N, TEXAS 76201 / TELEPHONE (817) 566-8307 Office of the City Manager M 8 M O R A N D tl M a Lloyd V. Harrell, City Manager TOt Rick svehla, Deputy City Manager PROMS DATES January 21 1992 SUSJECTt County Ambulance Contract Attached Is the Interlocal Agreement between us and the county for you may thing in the recall ambulance service lit the count be aid by The mothest county. important a-mount to contract is the ay based on the census estimates in that the county aid agree to be p we received new COG numbers thiir budget procedure. Since then, that were lower. However, in action that the County took last of al month, they agreed to honor the estimates amount andlis t carrecte departments so the $2711141 is the original There are also some minor that changes for coratedc,'tion that the we have attorney has suggested 1 would be happy if you or the council has any further questions, to try and answer them at your conven.ence. R ck 4SSvelaa Deputy City Manager RS:bw AMMOOOAB Ya e: wpdoc 9\wb. r RESOLUTION NO. A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR AMBULANCE SERVICE; AND PROVIDING FOR AN EFFECTIVE DATE. a THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the City Council of the City of Denton, hereby approves an agreement between the City of Denton and Denton County for ambulance services, a copy of which is attached hereto and incorporated by reference herein, and the Mayor is hereby autho- rized to execute said agreement on behalf of the City. SECTION II. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1992, BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY :i c THE STATE OF TEXAS, ) ss. COUNTY OF DENTON ) INTERLOChL COOPgRATION AGREEMENT FOR AMBULANCE AER 1CE THIS AGREEMENT is made and entered by and betweein Denton Country, a political subdivision of the State of Texas, hereinafter referred to as "COUNTY", and the CITY OF DENTON, a municipality located in Denton County, Texas, hereinafter referred to as "City.", WHEREAS, County is a duly organized political subdivision of the State of Texas engaged in the administration of county gov- ernment and related services for the benefit of the citizens of Denton County; and WHEREAS, City is a municipality engaged in the provision of ambulance service and related services for the benefit of the citizens of Denton; and WHEREAS, City is an owner and operator of certain ambulance vehicles and other equipment designed for the transportation of persons who are sick, infirm, ov injured and has in its employ such trained personnel whose duties are related to the use of such vehicles and equipment; and WHEREAS, County desires to obtain emergency medical services rendered by City, as more fully hereinafter described for the benefit of the residents of Denton County, Texas; and INTERLOCAL 01BUI ANCE AGRFYAFFM 1 i 4 r. WHEREAS, the provision of emergency medical services is a governmental function that serves the public health and welfare and is of mutual concern to the contracting parties; and WHEREAS, County and city mutually desire to be subject to the a provisions of Texas Revised Civil Statute Article 4413 (32c), the Interlocal Cooperation Act, Section 774.003 Health and Safety Code and other applicable statutes and contracts pursuant thereto;' NOW, THEREFORE, County and City for the mutual consideration hereinafter stated, agree as follows; 1. The effective date of this agreement shall be the 1st day of October, 1991. II. The initial term of this agreement shall be for the period of October 1, 1991 to and through September 30, 1992. Thereafter, this agreement shall be renewed for successive additional one year terms commencing on October 1 of each year if the County and City agree in writing on or before the first day of September to the amount of consideration to be paid hereunder for each successive Lerm; provided, however, that each party may terminate this agreement by giving the other party written notice of intent to terminate sixty (60) days after such notice. III. As used herein, the words and phrases hereinafter set forth INTYAUXAI. ANIBULANU AGRUM NT e 2 r. i t ' shall have the meanings as follows: A. "Emergency" shall mean any circumstance that calls for immediate action and in which the element of time in transporting the nick, wounded or injured for medical treatment is essential to the health &e life of a person or persons. Whether the afore- e mentioned circumstances in fact exist is solely up to the discre- tion of the City. For dispatch purposes only, "emergency" shall include, but not be limited to: 1. The representation by a person requesting ambulance service that an immediate need exists for such service for the purpose of, transporting a person from any location to a place of treatment and emergency medical treatment is thereafter adminis- tered] 2. The representation by a person requesting ambulance service that an immediate need exists for such service for the purposo of transporting a person from any location to the closest medical facility; B. "Rural area" means any area within the boundaries of. Denton County, Texas, and without the corporate limits of all incorporated cities, towns and villages within said County. C. "Urban area" means any area within the corporate limits of an incorporate.O city, City or village within said county. D. "Emergency ambulance call" means a response to a request for ambulance service by the personnel of City in a situation IN'MIRIACALAAIBIII.ANCF:ACKPF LNT I 3 ti involving an emergency (as such word is hereinabove defined) through the instrumentality of an ambulance vehicle. Within the meaning hereof, a single call might involve the transportation of more than one person at a time. IV. 4 A. Services to be referred hereunder by City are ambulance services normally rendered by city under circumstances of emergency as hereinabove defined to citizens of County. B. The DENTON Fire Uepartment shall respond :,o the requests for ambulance services made within designated rural areas of County, as set out in exhibit "A" attached hereto and incorporated by reference. C. It is recognized that the officers and employees of City have duties and responsibilities which include the rendering of ambulance services and it shall be the responsibility and within the sole discretion of the officers and employees of City to determine priorities in the dispatching and use of such equipment and personnel and the judgment of any such officer or employee as to any such matter shall be the final determination. V. The County shall designate the County Judge to act on behalf of County and to serve as "Liaison officer" between County and City. The County Judge or his designated substitute shall ensure the performance of all duties and obligations of County herein ENTFJtWCA1, AASBULANCF, AGNFJ:,NIM'f 4 r` stated, and, shall devote sufficient time and attention to the execution of said duties on behalf of County in full compliance with the terms and conditions of this agreement and shall provide immediate and direct supervision of county's employees, agents, contractors, sub-contractors and/or laborers if any, in the furtherance of the purposes, terms and conditions of this agreement for the mutual benefit of County and City. VI. City shall ensure the performance of all duties and obliga- tions of City as herein stated and shall devote sufficient time and attention to the execution of said duties on behalf of City in full compliance with the terms and conditions of this agreement and shall provide immediate and direct supervision of the City employees, agents, contractors, sub-contractors and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this agreement for the mutual benefit of. City and County. VII. For the services hereinabove stated, County agrees to pay to City for the full performance of this agreement the sum of TWO n HUNDRED SEVENTY-ONE THOUSAND ONE HUNDRED FORTY-ONE DOLLARS ($271,141.00) to be paid in equal quarterly payments of SIXTY-SEVEN THOUSAND SEVEN HUNDRED EIGHTY-FIVE DOLLARS AND TWENTY-FIVE CENTS ($67,785.25) commencing on October 1, 1991, The remaining payments shall be made respectively on or before January 11 1992, INTERI.OCAL AMBULANCE AGREEMENT 5 t: s r April 11 1992, and July 1, 1992. The sums to be paid under this agreement are based on a per capita payment of $2.69 for the population of the designated service area set out in exhibit "A" and an additional sum, if necessary so that this year's payment is at least equal to the payment made in the 1990-91 year. Population figures are as provided by the North Central Texas Council of 4 Governments and are conclusive for the purpose of this contract. The County shall not make payment for service provided outside the - service district, whether by mutual aid agreement or otherwise. Acceptance of this contract constitutes final acceptance, for the purposes of this contract only, of the COG population figures and the service district as shown in exhibit "A". VIII. County agrees to and accepts full responsibility for the acts, negligence and/or omissions of all county's officers, employees and agents, IX. in the event of any default in any of the covenants herein contained, this agreement may be forfeited and terminated at either party's discretion if such default continues for a period of ten (10) days after notice to the other party in writing of such default and intention to declare this agreement toininated. Unless the default is cured as aforesaid, this agreement shall terminate as if that were the day originally fixed herein for the expiration of the agreement. IMTERLOCAL AMBULANCE AGREEIERT C 6 \ a' r 1 X. This agreement may be terminated at any time by either party giving sixty (60) days' advance notice to the other party. In the event of such termination by either party, City shall be compensated pro rata for all services performed to termination 0 date, together with reimbursable expenses then due and as author- ized by this agreement. In the event of such termination, should City be overcompensated on a 0 Y pro rata basis for all, services performed to termination date and/or be overcompensated reimburs- able expenses as authorized by this agreement, then county shall be reimbursed pro rata for all such overcompensation. Acceptance of such reimbursement shall not constitute a waiver of any claim that may otherwise arise out of this agreement. XI. The fact that County and City accept certain responsibilities relating to the rendering of ambulance services under this agreement as a part of their responsibility for providing protec- tion for the public health makes it imperative that the performance of these vital services be recognized as a governmental function and that the doctrine of governmentaJ_ immunity shall be, and it is hereby, invoked to the extent possible under the law. Neither City nor County waives any immunity or defense that would otherwise be available to it against claims arising from the exercise of governmental powers and functions. LNTFRI.GCAL AMBULANCE AGHF:FAI NT l 7 . c i7 V XII. This agreement represents the entire and integrated agreement between city and county a_ie. supersedes all prior negotiations, representations and/or agreements, either written or oral. ynis agreement may be amended only by written instrument signed by both parties. 9 XIII. This agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the state of Texas. IV. In the event that any portion of this agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. XV. The undersigned officer and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this agreement on behalf of the parties hereto and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and are now in full force and effect. FNTFRLOCAL AMBULANCE AGREEMENT 8 R r y ~ a S, t EXECUTED in duplicate originals this day of 19 DENTON COUNTY, TEXAS CITY OF DENTON r 110 West Hickory 215 EAST MCKINNEY Denton, Texas 76201 DENTON, TEXAS 76201 By By Denton County Judge Title: Acting on behalf of, and by the authority of the Commissioners Court of Denton County, Texas ATTEST: ATTEST, Denton County Clerk Pos t on: APPROVED AS TO FORM APPROVED AS TO CONTENT: AND CONTENT: ATTORNEY FOR DENTON COUNTY FIRE CHIEF INITAI C AL&MB ULANCE MIREFAIFAT 9 A 46 T i; c STATE OF TEXAS, ) )ss. COUNTY OF DENTON. ) BEFORE ME, the undersigned authority, on this date personally appeared Honorable Jeff Moseley, Denton County Judge, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the foregoing Interlocal Cooperation Agreement for the purposes and consideration therein expressed, in the capacity stated, and as the act and deed of said county. GIVEN under my hand and seal of office this -y day of 4 Notary Public for Texas commission expires: STATE OF TEXAS, ) )ss. COUNTY OF DENTON. ) BEFORE ME, the undersigned authority, on this date personally appeared , known to me to be the person whose name is subscr bed to the foregoing instrument and acknowledged to me that (he) (she) executed the foregoing Inter- local Cooperation Agreement for the purposes and consideration therein expressed and in the capacity therein stated and as the act and deed of said GIVEN under my hand and seal of office this day of . 19 Notary Public for Texas commission expires: IMrf LOCALkWUI.ANCRAG}IUMEN'r 10 C DENTON COUNTY AMBULANCE DIS TR 1 1 4- 7, 7 . 04 i Fort i r ~ + Y CITY- COUNCIL 11 a F i - 1' F _ F -a 14 o a_ i- - Et7 ice' ~ ~ + DO r o t ~ . 1 ~111f'~ 1 h P, ,a ( GJ ~I 'i Agenda No. Agenda Itcrn t! 5^.~ DOD kh. Dater January 7, 1992 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROMt Lloyd V. Harrell, City Manager SUBJECT: PROPOSED ANNEXATION OF 67.92 ACRES LOCATED NORTH OF AND ABUTTING RYAN ROAD ON FORRESTRIDGE DRIVE. RECOMMENDATION= Staff recommends the adoption of the proposed annexation schedule setting the date, time and place for public hearings. a SUMMAR) The petition for annexation of 67.92 acres located north of Ryan Road on Forrestridge Drive has been initiated by the Lodge Construction Company (Owners) in order to facilitate the zoning the zoning of the tract to single family SF-16. The location of the t site is shown on amp, attachment 01. The development of single family homes on the site is anticipated in 1992. The Annexation process requires two public hearings and the first and second reading of the Annexation Ordinance. (See schedule, attachment #2). The Second reading and adoption of the annexation ordinance requires a four-fifths vote of the city Council, schedule for April. 7, 1992, BACKGROUND: The 67.92 acreE+ located north of Ryan Road is part of Sections IV, V and VI of the Fovrestridge Addition. The owners submitted a layout showing 133 single family residential lots for a pre-design meeting of the DRC in September, 1991. The zoning and annexation of this tract will run concurrently. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Staff will prepare a Service Plan scheduling basic city servicoe to be provided to the site. The Service plan will be available for the first public hearing, FISCAL IMPACT: N/A R e E y pu 6t5 L ed r Prepared by: Lloyd e/11/f aCLAL~ ( jee1 City Manager HHarry W. l~ Persaud, , AICP arry W. AiCP Senior Planner Appro. r FUrn N. binsr AICP - Executive Director Planning and Development Attachment 01. Location Map Attachment #2. Annexation Schedule Attachment #3. Annexation Petition AXX00097 r f ATTACHMENT #2 ANNEXATION SCHEDULE_ A-60 January 7, 1992 City council sets date, time and place for public hearings. January 1.90 1992 Notice published in Denton Record Chronicle for first public hearing. service plan is prepared. February 4, 1992 City Council holds first public hearing. February 7, 1992 CNotice hronicle for published second in Denton Record February 18, 1992 City Council holds second public hearing. February 26, 1992 Planning and commission makes recommendation. March 3, 1992 City Council institutes annexation. First Reading of Annexation Ordinance. March b, 1992 Publication of Annexation Ordinance in Denton Record Chronicle. April 7, 1992 Final Action by City Council. Second reading and adoption of the Annexation Ordinance. C 4 ATTACHMENT 91 i=orrestridge Annexation t NORTH Ir- -p n- 'L S+tnaNl pTif fifi'OOOp D117S, l,~ ~ IirrV"--"`JJ I~ `+OBSON ~ v TI o ' 3 viornr a~ ~ N ~ ~0 1 T. S1 Leo pEF7V 7t, ~ ~ t ~ ~ 7i7J ~G ~ + ~ ~ El PASEQ _ O SXTE 4 t \ RYAN DATE: 9/12191 SCALE: NONE 4 PETITION N FOR P,NNEXATION TO THE PLANNING AND ZONING COMMISSION AND CITY COUNCIL OF THE CITY OF DENTON, TEXAS n The undersigned does hereby petition for annexation of N /acres located at 5c' in the extratsrritorial jurisdiction of the City of -Denton, Texas, The pr perty is more particularly described in g the attached survey description and shown on the attached map. The undersigned also certifies that the following required information concerning the land and its inhabitants is reasonably accurate and assumes responsibility for completion of said information prior to scheduled action on the request by the City of Denton. 1. Is petition being initiated by owner(s) or majority of registered voters in area of request? Yes ✓ No If no, what is the statue of the applicant? (4 i- 2. How many dwelling units are located within the area requested for annexation? no r:2 P. 3. How many businesses or nonresidential land uses are located within the area o£ the request? JJoj,) e- Please provide a general description of these land uses including the name(s) of businesses, if known +)v n cs 4. Does area of request include any territory within the city limits or extra- territorial jurisdiction of another city? Yee No ✓ 5. Estimated population of the area of request. f~je- Adults Children Number of registered voters? 6. At the time of this petition, have any other annexation procedures been initiated for all or any- part of the area requested in this petition? Yea _ No If yea, please explain the procedures begun and their status, 7. Does a water supply district lie within the boundaries of the area proposed for annexation? Yes No ✓ 8. What zoning, if any, other than agricultural (A), is being requested under separate petition? _ S F -I L, _ How much of territory proposed for annexation is included in zoning petition? Al ~s Petition for Annexatio, Page Two 9. What is the purpose of annexation? l , c -c4 r•~1~ J 10. Planned land use (i£ zoning is being requested): Proposed Unit Category & Total Per Acre And/Or Proposed Acreage Square Footage a. Single family detached ~ - f 4y W7, "'11217 b. Single family attached (townhouses, cluster, etc.) e. Attached patio/garden/zero lot line d. Duplex e. Multi-family C. Office S. Neighborhood service _ h. General Retail _ I. Commeraial 3. light industrial k. Heavy Industrial Proposed use(s) if specific use permit or planned development (PD) being requested. 11. Have petitioner(s) famil.iurized themselves with the official annexation policy, land use policies, and the standard municipal service plan of the City of Denton? Yes ✓ No Name or Owner(s ) e; _ Telephone 14) ' ~h Z zLl4 Signature(s) Date _1r ILL Address(es) Val&z 1 air) /M/.7: ~1lc 1, a V; cod e f Vi C, e 6rf! T'Crnt-F-. 1'1 C/ A`<<C:/t0Y7 If petitioner is not the owner of the property: Statue Petitioner Nam (s) _ Telephone ( Z _ Signature(e) Date Address(es) " Field Notes and Location Map for area proposed for annexation must be submitted along with completed petition before process begins. 0862 i r.