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HomeMy WebLinkAbout03-03-1992 bnea No.. P= Agenda aem AGENDA CITY OF DENTON CITY COUNCIL ~«t March 3, 1992 Work Session of the City of Denton City Council on Tuesday, March 31 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 Oession may also be considered as part of the Agenda for the Regular session. f 5:15 p.m. 1. Executive Session: A. Legal Matters Under Set". 2(e), Art. 6252-17 V.A.T.S. 1. consider action in Texas Waste Management vs. City of Denton. 2. Consider action in Nichols ys City of Denton. A. Real Estate Under Sec. 2(f), Art. 6252-17 V.A.T.S. 1. Discussion of acquisition of land for recreational purposes and give staff direction. C. Personnel/Board Appointments Under Sec. 2(g), Art. 6252-17 V.A.T.S. 2. Receive a report and hold a discussion regarding a Storm Water utility. 3. Receive a report and hold a discussion regarding the results of the Council Budget Questionnaire. Regular Meeting of the City of Denton City Council on Tuesday, March 3, 1992 at 7:00 p.m. in the Council Chambers of City Ha'-x, 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 Work Session of February 11, 1992. 3. Citizen Reports A. Receive a citizen report from Adam Silber regarding utility rates. ,f Agenda No City of Denton City council Agenda Agooda March 3, 1992 (JgEo._l3`~1J Page 2 4. Receive and open bids regarding the City of Denton Utility System Revenge Bonds, Series 1992, $40500,000. 5. Receive and open bids regarding the City of Denton General obligation Bonds; Series 1992, $2,360,000. 6. Receive and open bids regarding the City of Denton Certificates of Obligation, Sf.ries 1992, $1,325,000. ' 7. Public Hearings A. Hold a public hearif)y «nd consider adoption of an ordinance rezoning a ah.s'7 acre tract of land from the multifamily-one district to the light industrial district (conditioned) on property located on the south side of East McKinney, approximately 635 feet west of Woodrow Lane. Z-92-005 (The Planning and Zoning commission at- their February 12, 1992 recommended approval with conditions 3-2.) B. Hold a public hearing and consider adoption of an ordinance amending specific use Permit No. 198 on Lot 1, Block A, Putt-Putt Golf and Games Addition for the purpose of adding batting cages. Z-92-001 (The Planning and Zoning Commission recommended approval 5-0 at their meeting of February 12, 1992.) 8. 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 i,.")rmation is attached to the ordinances (Agenda item 9.A, 9.B). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. A. Bids and Purchase Orders; 1. Bid ,#1324 - Padmounted Transformers 2. Bid #1325 - Dump and Utility Bodies 3. Bid ,1327 - Dump Truck 12 y9. 4. Bid kr1330 - Fertilizer and Herbicides .i C ~j Poenda NO. Apnnda Item alto of Denton City council Agenda City March 3, 1992 Page 3 5. Bid ##232- Distribution Transformers 6 PC. B. Tax Refunds 1. Consider approval of a tax refund to First Gibralter Bank for. $801.14. 2• consider approval of a tax refund to Teresa Hayes for $1,708.21. C. Plats and Replats 1. Consider approval of the preliminary plat of theTA. Goldfield Addition; Lots 1 and 21 Block A. 6.427 ac tract between fronts nony Southm nt Drivel Drives, and the (The Planning and Zoning 19.2 Commission recommended approval. 3-1 at their February 26, meeting) Plat of the 2. Consider approval of the preliminary pl Block 1• Kern Personal care Center; Lots 1 and 21 of Iiinkle The 19.8 acre site is on 950 f ehe east t norths ofe university Drive, approximately Drive. (The Planning and Zoning Commission recommended approval 3-1 at their February 26, 1992 meeting.) plat of the 3, Consider approval of the preliminary p S67.928 ection III Estates of Forrestridge Addit s uth The tract is located immediately of the Forrestridge Addition and is accessed by Forrestridge Drive. (The Planning and Z ning commission conditionally recommended approval at their February 26, 1992 meeting.) 9, ordinances A. consider adoption of an ordinance accepting a competitive sealed proposal and awarding a contract for purchase of materials, equipment1#1325 supplies or services. (8.A.1. - Bid #1324, 8.A.2. - Bid , B.A.3. - Bid #1327, B.A.4- Bid #1330, B.A.5. - Bid #1332) l 'r r, AG3nda No. 7- Agenda Item Due City of Denton city Council Agenda Y March 3, 1992 Page 4 B. Consider adoption of an ordinance providing for the expenditure of funds for purchases of materials or equipment which are available from one source in accordance with the provisions of state law exempting such purchases from requirements of competitive bids. (8.A.6. - P.O. #23075) o C. Consider adoption of an ordinance authorizing the issuance, sale, and delivery of city of Denton Utility System Revenue Bonds, Series 1992, and approving and authorizing instruments and procedures relating thereto., D. Consider adoption of an ordinance authorizing the issuance, sale, and delivery of city of Denton General Obligation Bonds, Series 1992, levying the tax to pay same, and approving and authorizing instruments and procedures relating thereto. E. Consider adoption of an ordinance authorizing the issuance, sale, and delivery of City of Denton Certificates of. Obligation, Series 1992, and approving and authorizing instruments and procedures relating thereto. F. Consider adoption of an ordinance authorizing the City Manager to execute an agreement: between the city of Denton and Coopers and Lybrand relating to professional consulting services for the City's Employee Health Insurance Program; and authorizing the expenditure of funds therefore. G. Consider adoption of an ordinance vacating a drainage easement in Lots 4 and 19, Block D, Nortlr;;ood Estates Addition to the City of Denton, Texas, lots 4 and 16, Block E, Northwood Estates Addition to the City of Denton, Texas, and a portion of Lot 13, Block F, Northwood Estates Addition to the City of lv,nton, Texas. (The Planning and zoning Commission rcconmi ncA! approval,) H. Consider adoption of an ordinance approv.ine,f an agreement between the City of Denton and the state of Texas providing for the payment of the costs of highway modifications for Interstate Highway 35. 10. Miscellaneous matters from the City Manager.. A. Receive the 1992 Utility Department Foreco:.t. h r E Agonda IlamCity of Denton City Council Agenda ate March 3, 1992 Page 5 11. Official Action on Executive Session Items: A. Legal Matters B. Real Estate C. Personnel D. Board Appointments 12. New Business This item provides a section for council Members to suggest items for future agendas. 13. 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. 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, o the Jday of 1992 at A (p.m.) AC000049 CITY SECRETARY C~ v } X t I CITE COUNCIL q I ~ 0ooooocoanaao ~°CG 8 a 0 °°~acaccoooc J4 Aged go. Agonda 11,, Date MY ofVENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 78201 / TELEPHONE (817) 686.8307 Office of the City Manager M E M O R A N D U M r TO: Mayor and Members of the City Council FROM: Jennifer Waiters, City Secretary DATE: February 28, 1992 SUBJECT: Back-i.ip for Agenda Item 5:15 p.m. Back-up for this iLcm is being supplied under separate cover and more information wiil be presented Tuesday night. 0 N~:kh i L Jenn r a rs 2727C/2 C ~y A ~d . "s d Agenda No. C' Aganda Iforr>~s 0afe 3, 19 2- March -T- CITY COUNCIL AGENDA ITN WORK SESSION Tn: CHAIRMAN AND MEMBERS OF THE CITY COUNCIL FROM: Lloyd V. Harrell, City Manager RE: REVIEW REPORT AND RECOMMENDATION OF STORM WATER UTILITY COMMITTEE RECOMMENDATION: The Public Utilities Board, at their meeting of February 191 1092, recommended to the City Council that they accept the Storm Water Report as written. SUMMARY/BACKGROUND: The Storm Water Utility Committee was formed and the report prepared in accordance with the direction provided by the Public Utilities Board and the City Council as expressed in Resolution No. R90-089. ' The Storm Water Committee recommended, and the Public Utilities Board concurred with that recommendation, that a Storm Water Utility be created, but they left the Implementation of the fee for the Council's consideration. The Committee did recommend that if the Storm Water Utility Fee were implemented, that the ad valorem tax be reduced by a corresponding amount. The Public Utilities Board felt that the implementation of the fee should be taken up when the 1993 budget is considered by the Council. The Committee Chairman, Bob Coplen, will present the report. Other Committee members will participate. The entire Committee has been invited to attend the Council meeting providing that their schedules allow. AGENCIES AFFECTED: Denton Utilities, Citizens of Denton, Legal Department, Denton Municipal Tax Payers, Utility Rate Payers, Public Utilities Board, City Council. i A Agenda No, Agenda llem 10S Date 3 CITY COUNCIL BOARD AGENDA v{ ~•y'~ March 3, 1992 p FISCAL IMPACT: The cost of establishing a storm water utility, establishing the data base, and y conducting the initial rate analysis is estimated at approximately $100,000 If accomplished by a consultant, or $30, 000 if accomplished in-house. Since the services for operation and maintenance of the drainage system are already being provided by Denton Munioipal Utilities, there Is no expected increase in "planned" operating/ maintenance expenses. However, funding the utility rr by a user fee will relieve the need for an equal amount of property tax revenue. Respect Ily ubmitted, q/ LIo 4_5'l~i~aa r rell City Manager Prepared by: ee4llison, Direct Water Engineering & ions Approved by, Z; R. E. Nelson, Executive Director Department of Utilities EXHIBIT I Storm Water Utility Final Report (separate cover) II Minutes PUB Meeting of 2/19/92 III Resolution R90-069 e i0TMaR, CC ` Disk QQ UR 1 C l x PgondaNo, Agonda lionize L1 Z Date EXCERPT PUBLIC UTILITIES BOARD MINUTES February 19, 1992 1. CONSIDER STORM WATER UTILITY. Thompson Introduced this item stating that the Board has read and studied the re comma ndatlons of the Storm Water Committee and will need to make a recommendation at this time. Coplen, as Chair of the Committee, indicated he ' would try to answer any questions anyone might have. He did comment that there was a split among members as to when the storm water utility should be set in place, whether 1992, 1993, or when the EPA ruling affects the City of Denton. However, the committee did feel that a storm water utility is d necessary and recommended. He stated the only thing to do Is to honor what the Committee has said, unless Board or Council wants to tear down their logic completely. Nelson stated the staff supported the recommendation of the Storm Water Committee it would be appropriate to create a storm water utility. He stated that, from the staff standpoint, implementation of the actual fee should be left as a budgetary decision, Le., whether the city goes with a fee at this time and reduce the tax rate correspondingly or continue to fund from tax revenues. Thompson indicated that is what the Committee said so staff is agreeing with the Committee. The implementation of fee is up to the City Council. Nelson stated that at present staff is only trying to structure the entity of the utility; Ridens commented that the work of the Committee was outstanding and she would concur with the committee's conclusion; however, the time of implementation should be a budgetary and Council decision. Frady stated that the report was good, but his question was should the utility be set in place now, or should it be accomplished later? Thompson stated that, assuming the City Counell goes along with the Committee's recommendation and the utility is created, this Board i^ going to have a major responsibility. One of the problems raised in the Committee was that any time you have one service funded in the Utility and it has to compete for financing with other departments, there might be a tendency to overspend, The Board's major responsibility will be to insure the financial responsibility of that utility when or if it is created. Laney agreed, but noted that if this utility is funded as a stand alone utility financed by fees or whatever, then there has to be a budget. C t Awda w. Agonda (loin ale ~"3 Thompson continued by stating that is why this Board has a major responsibility of doing things that normally fall under the process of competition. It will require a "severe workout on that budget", and completion of the budget in a responsible manner. Coplen added that it is necessary to have zero based budgeting. When the Utility starts and sustains budgets on an "add-on" basis, this is not the answer and, as a Board, it is necessary to stop that from happening. The Board needs a line item review of the budget to defend to the City Council. The Board needs to be responsible. Thompson stated that he had confidence that thla Board will do that. Frady expressed concerns that when an entity of this nature is started, it has a way of continuing to grow. Coplen stated that as long as there is a Board with the ability 1o say no, the hazards of unrestrained growth could be avoided. He indicated that the Board may need to make serious and unpopular decisions as far as cutting services, but the Public Utility Board must exercise responsibility in this area. Laney commented that the rainfall does not stop Lit the city limits. Water is draining into the lakes from throughout the county. He asked if staff forepaw that this program may become a regional program involving the entire w ttershrd and subject to the Environmental Protection Agency? Coplen stated that Dallas can monitor what comes into their city, and there should be a legal right as far as defining the burden of what can come into the metropolitan area. He commented that the city will end up in some years with "upstream correction rights". Laney said the city may also have some of those liabilities as well as rights. Coplen Indicated that the city will know before they do if they are letting off downstream a condition for which Denton may be responsible. Board Action: Coplen made a motion that the Board accept the Storm Water Report as written and send the document and Committee recommendation forward to the City Council. Second by Laney. All ayes, no nays, motion carried. cr j. ngonda No, Agonda Item ICJ S `L ! r 3003E Dite RESOLUTION NO. q0 A RESOLUTION CREATING THE BLUE RIBBON COMMITTEE FOR STORM WATER i UTILITY TO FORMULATE AND PROVIDE RECOMMENDATIONS TO THE PUBLIC I UTILITY BOARD AND CITY COUNCIL RELATIVE TO THE NEED OF A STORM WATER UTILITY; AND PROVIDING FOR AN EFFECTIVE DATE. j SECTION I. There is hereby-created and established the Blue Ribbon Commit as for Storm Water Utility, which shall be composed of nineteen persons selected from the following gro,ipo and organi- zations: 2 Members of the Public Utilities Board 1 Member of the Planning & Zoning, Commission 1 Member of the City's Planning Department 1 Member of the City's Community Services Administration Department 1 Member of the City's Utility Administration Department 1 Member of the City's Parks L Recreation Department 1 Member from the Chamber of Commerce 2 Members selected from Local Businesses A Members selected from residential areas 1 Member selected from the League of Women Voters 1 Member selected from the University of North Texas 1 Member selected from the Texas Woman's University 1 Member selected from the Denton Independent School District 1 Member representative of Denton Industry SECTION II. It shall be the charge of the Storm Water Utility Advisory omm ttoo to: , a. Review and evaluate the necessity of establishing a Storm Water Management Utility for the City of Denton and to submit an evaluation to the Public Utilities Board which shall include a recommendation of whether the City should pursue the establishment of such a Utility. b. Should the Committee recommend the establishment of said Utility, the Committee shall provide recommenda- tions to the Public Utilities Board regarding the most feasible method for establishing said Utility. SECTION III. That this resolution shall be effective im- mediate y upon is passage and approval. c I yd F. i~ i Agenda No. _ " >(J Aganda Itam, S Date _ L PASSED AND APPROVED this the 4f day of 1990. l BOB M 1 1 ' ATTEST: JENNIFER WALTERS, CITY SECRETARY APPR tD AS 0 LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY:~ 1 r., PAGE 2 ti. k cr fi - 1 CITY COUNCIL 1 oo~oaa ugoOOOOOOO 0 p ~ OO ~ 4- ^ n1•' `O~ \ - - ooOQu LII IJ Ciu~GC~\,O i v. l Agenda No, 1~ ' Dd w Agenda Itom GC S CITY of DENTON, TEXAS MUNICIPAL BUILDING / 215 E. McKWNEY / DENTON, TEXAS 76201 MEMORANDUM DATE. February 28, 1992 TO: City Council Members 'THROUGH: John F. McGrane, Executive Director of Finance FROM: Come Gil. Management Services Administrator SUBJECT. 1992-93 CITY COUNCIL .BUDOET PWOR17'IES Qu snoNNAm PXSULTS Plea,sc Pnd attached the 19929.3 Cif Council Bud8ct Priorilics Uucstionnaire Results, The results will be forwarded to staff and w111 be used to guide the upcoming budget process. This early direction from Council regarding budget policy will Acilitatc budget preparation. We graitly appreciate your time and effort. The Questionnaire is an imporkwt fool for communication and direction. c 8!71566•' 011-W METRO 4342529 1 n - SURVEY RESULTS OF EXIIIAIT A CITY COUNCIL BUDGET PRIORI'T`IES QUESTIONNAIRE 1992-93 BUDGET RATINCI YALU6' Aganda rla, . ( L Agondahoro NO OPINION ELIMINATE CURRENT EFFORT I Date W3 SUBSTATIALLY REDUCE CURRENT EFFORT 2 REDUCE CURRENT EFFORT 3 rg ( 5^ CONTINUE CURRENT EFFORT 4 INCREASE CURRENT EFFORT 5 SUBSTANTIALLY INCREASE CURRENT EFFORT 6 INITIATE NEW EFFORT 7 t o SFR:W10B 14 ~XBA ' : t r , SG dRE 'G"U ']2 , t t STREET MAINTENANCE/REPAIR 37 5.29 z MUNICIPAL COURT 36 514 ry~iyt Jj~~/\"~1rNyt 1/ '^N - +r ++2. .cre rrw+ 3 izw~A AA ~Vl~_U R.M1rr~r~¢rrr~s~rrca~rNc~;: < h: ,~..✓.~.s`;.i., ~.,i: , .w~~~ivu~ 4 POLICE PATROL 34 4.86 s LOW & MODERATE INCOME HOUSING 34 4.86 6 r 11DA ARYPlOGAAM'S'(l$ (~YiIV 7DtL) ~3 i "''K 9 sar ~ X71 a LITTER PROGRAMS 32 4.57 9 COMMUNITY ORIENTED POLICING (COPS) 32 4.57 io TRAFFIC SIGNALIZATION/ENGINEERING 32 4.57 tt DRUG All USEIBNFCRCEMENTPROGRAMS 32 4.57 12 LONG RANGE COMPREHENSIVE PLANNING 32 4.57 13 FIRE PREVENTION 32 4.57 u LIBRARY YOU7711CHILDREN'S PROGRAMS 32 4.57 o CONTRIBUTIONS TO HUMAN SERVICE AGENCIES 32 4.57 i6 QfilwDSlyx1EGTSYSTLMX'rwANNINCf/17C;.YWPMI"iN7 3C 40 ` 17~,1rIVAC,EDIS"X'R1C7'r _ 3I <4.~13 t o L1riRA12 Y ~'7CI+ANSION l:1 k 4, 4 "lo, j 19 4 %IRMAvt' A4` ox 31 l 20 ? PARFrNCr/IItA11 AC ENFti~G'I MX,NT 4:43 21 CIVXG CEWEx MAW PANANC.. 4`,43y -i3 22 a S7?2~S"ASV sWLGP1NtJ' > ~ 31 , 4e4,~ 23 AlIt1R'1' pEVXaI Cf!'MXs7Y7 , 3X 4.43.E 21 ANIMAL CONTROL 31 ` ! 2s WR'I'ER STORAGEIRESCRVES 26 4.33 26 GRItifElNVrrar1T10N ' 3Q 4,29" 27 'JJBRARY'AUU10Ivls0AL SGRVICE,S 30 4„ 9 2e NEW wASI EswAraw, T.RnArAniNT P1.,AN'I 29 8IaN1OR 017.7ZHY1'ROORAM.ti' 3D 4:1~ 3o : Rrit" 'C.`LING PA OR1`S 30 3i YOIIr1Ik1s<:Rts'AT1nNPROGRAMS X 4;29 32 IN1,0DATA 11KO V881NO SURYK, ES 30 4,29 33 DEMOLMON OF SUr STANDA RD BLDG 3() 4.29 SURVEY RESULTS OF EXFFFBIT A CITY COUNCIL BUDGET PRIORITIES QUESTIONNAIRE 1992-93 BUDGET onda No, . rl>~ RA77N(I VALU o 4 andaIsom NO OPINION Dale _ 37 ELIMINATE CURRENT EFFORT ~ a 5 SUBSTATIALLY REDUCE CURRENT EFFORT 3 REDUCE CURRENT EFFORT CONTINUE CURRENT EFFORT INCREASE CURRENT EFFORT 5 SUBSTANTIALLY INCREASE CURRENT EFFORT T INITIATE NEW EFFORT Iy/~y d I 14 , L~' x", sx ! Yf; Erf`, ,sc~RCaR~ C', Q 34 1°Y7X11C31tA4Y5X't~A~1~}NIspAN7"G3 f y ~ ~~g ~y ~1 lpr /fin 6 s >~t 35 .ayc~vpApM ...yq.~~a ir'y shit+:,t /`-~~p Iw~JPM.$~1~` ~f rc~ ~"t ~ r'~~•27.IV;Si ~ s ~~x 36§AMa.[N~ fw A fMAlAII ~'Q/A/H t~ 4 m a ~r l? g -~7~A m x Cf1 01;.x.;; 4.14 37 3e FIRE SUPPRESSION 29 4,14 39 EMERGENCY PREPAREDNESS (MANAGBAlENT) 29 4.14 40 NEIGFIBORIIOOD SERVICES (NICE, ETC.) 29 4,14 41 PARK MAINTENANCE 29 4.14 42 STORM DRAINAGE IMPROVEMENTS 29 4.14 43 RISK MANAGEMENT 4.14 44 ENVIRONMENTAL NEALTII (INSPECTIONS, ECT.) 29 4,14 45 RECREATION CENTER PROGRAMS 29 4.14 46 SIGN VIOLATION ENFORCEMENT 29 4,14 47 INTERNAL AUDIT SERVICES h a y 21 It11TI~fENT 4E ~ R50N1VEfs.(~'C.~ w s ~r t3~ s ~,E.~RfS ~IgC.ATf(1N.8NFpRC11,,1l~ ~ ,t',Z~ DM(?' 49.I11ZIlI ArtETrc r} l` n r' a E .,f{~C1~C~RAI►rS xs ^t , t, trite., 3'a M1 ^0 so NE t ~q P YP1~,NAl.~(1SxMfiNTS/~N~ly,~'1"5',,g~; ~ ~k I ~ 52 53 ~yxE'ME ~GNGk` M~'C?1CALF(AMIIUGA?V~'E)~~`~ '~''~~t~ ,,r~ ~ w z8, ~~4,UU x 4 .1 t 1C t 28 ~ w ryU 11EC,1)S x;~~*jyN. 4,OU 'TIC 54 ss ~C'4N 17~'~ C>~'fxlx'1~ 111!G'~JVTIV,~ 1,11YIls z ` 9,DU r~ sb t CUltlxlflT 11g7FJ!Mf3~FS TA7lwCaNxltXfl1l1NS 3.86 57 BUILDING INSPECTION / 3.86 3s ECON DEV INCENTIVES (TAX ABATE, EM) 27 3.86 sq DEVELOPMENT REVIEW PROCESS 3.86 50 DoWNT'OWN REDEVELOPMENT (MAIN 57„ ETC•) 27 3.86 at ECON DEV UTILITY INCENTIVE RATE' 07'111?R: i 1. VIIIMI✓#r MMAM T mom T3elgw are spocific.actions or direction given to staff by individual Cou(~lme►nbe~r elide No. ' - ' ' for development of the 1992•-93 annual budget. - Agora Item "Set forth the plan neeffsary to bring the Police Department to full Uat$ strength in every way possible including personnel and modem bachnology as soon as that can be accomplished. (Include necessary restructuring of Municipal CO' "Bring the CIP Program for streets and reads to a complete ulxiate. " "Present a comprehensive plan for the storm water utility for discussion and study both in long and short term planning. "Present update of mental health providers in the city health plan. " "Prepare At comprehensive report of all monies directed to economic development." et and develop some "hard" as well as "soR" evidence of the rurn on that citizen's investment. " "La plans for high level council development seminars at two points in the year-both with outside consu'uu"-`." "Street improvement. " "Economic development efforts. " "Move forward on space projects as fast as possible. " "improvement on entrances into city cx. Dallas Drive, Univerisity Dr., etc. " "Complete downtown projects now working. " "Move storm water utility forward. " "Re: Sidewalk issue. When the council majority make a decision on who repairs sidewalks and take liability, present council with options to support the decision. " "As of Jan. 1, 1992 there is still no growth on tax rolls. 130 aware take steps to avoid tax i»crcisc. " not hire for vacancies occurring in d wis that have less aellvit due to stagnate economy. " "Strang emphasis upon maintenance of existing city facilities. "improvement and possible expansion of park facilities.' "Dacus on training at all 10 vels and especiall for police. " u u DT :tCY•xSTaiFt z ue¢ r~r. ,.ux4:x"` Sr*rL S•'~ OCi: n?v`e~" t•4 Below are"specific actions ox direchoa given to staff by a°ndivadual CducIlrnembers' x , Cox de4eloptnttt of the 1992-93 annual budget. "Bstabfishment ofa court ofrecordl" Agenda No "Fstablishrnent ofa narcotics divisioa within municipal police 3 dcA3rtruent. Finding for this organizdan could be amply made through [fate 3 3 ` confiscation ofproperties. Probably an incrrase m general revenues would be seen, " S "Irr connection with the statement above, esiabllsb a K--9 section. function, A good match with the narcotics division. " : "Renewed emphasis on beautification for little cast by placing litter along the rfadway. " "The airport re mains uata PP~andbas sbowa verylittle movement in the two years. What is the course set by Economic Development? It won't just happen - we have to make it happen!! A C i h v n 1 C c, Agenda hJo.._C Agenda liom___ ~l) S TOO CITY OF DENTON CITY WRJUCIL- 9MFS_J FEBRUARY 11, 1992 The Council convened into the Work Session at 5:15 p.m. in the Civil Defense Room. PRESENT: Mayor Castleberry; Mayor Pro Tem Hopkins; Council Members Alexander, Chew, Perry, Smith and Trent. r ABSENT: None 1. The Council received a report and held a discussion regarding proposed amendments to the sidewalk ordinance and gave staff direction. Rick Svehla, Deputy City Manager, stated that at the last meeting, council had requested staff to gather information on the existing system and its condition. The City currently had approximately 100 miles of sidewalks. Of those 100 miles, approximately 16 miles did not meet the criteria in the existing ordinance. The cost to replace this amount of sidewalk ranged between $1 and $1.25 million. A survey was done on how other area cities handled sidewalks and the results indicated that approximately half of the cities required the land owner to be responsible for the maintenance of the walk and half did not. There were a number of alternatives available to the Council: (1) a bond sale of between $1 and $1.25 million which would allow a comprehensive replacement program; (2) use the existing ordinance as it currently was written; (3) combine the alternatives and develop the ordinance and policies in such a manner that income levels could be taken into account and perhaps use CDBG funds as a source of some of the funds; and (4) continue the program as it was spending between $5,000 and $10,000 a year repairing the most severe problems and face the liability issues as they arose. Mayor Pro Tem Hopkins felt that there were no serious problems at the current time and that the city needed to continue as it currently was doing. It was not the time to change the ordinance. The amount of money needed was a budget decision and needed to Ka done at budget time. Council Member Alexander stated that it was never the intention of the council to push the costs back on the homeowners. He agreed that it was not the time to pursue the issue. He would like to explore the CDBG alternatives and perhaps in the next budget process increase the amount of dollars allocated for sidewalk maintenance. Council Member Smith felt that the idea of assisting homeowners with the cost of the repairs should be explored further. Lloyd Harrell, City Manager, stated that there was an ordinance provision which provided for such assistance. For a number of v. i =J }i Agenda Na. Agenda am_ City of Denton City Council Minutes [kola February 11, 1992 <L Page 2 years, the City had not utilized that procedure as it as very cumbersome. The city had been repairing sidewalks on a limited priority basis. Council Member Perry felt that the procedure should remain as it , currently was and to make budget provisiuns for the future. Council Member Alexander felt that the citizens needed to understand that if the procedure were left as it currently was, it left a liability question fox all. Council Member Trent felt that the sidewalks could be repaired for less money than what was quoted. There were 52 employees in departments which could do the work, the City had the equipment to do the work and felt that all 16 miles of sidewalks could be repaired for $125,000. He did not feel all lb miles needed to be done immediately. He felt the City had the resources to do the work with what would be a minimal outlay from the budget. Mayor Castleberry summarized that the consensus of the Council appeared to be that there would be no cha ige in the current policy, the staff would investigate the possibility of using CDBG funds for sidewalk repair and a possible increase in the allocation for sidewalk repair would be discussed during the next budget discussions. City Manager Harrell stated that earlier Council had suggested holding a public hearing on this item. Based on the consensus of the Council at this meeting, did the Council wish to hold the public hearing. Consensus of the council was to not hold the public hearing. 2. The Council received a report and held a discussion regarding the Denton Convention and Visitors Bureau's projects for 1992. Jo Ann Ballentine presented plans and projects for 1991-92. The mission statement for the Bureau stated that it existed for the purpose of soliciting conventions, tour groups, visitors and television/film projects to the City of Denton to increase occupancy in the hotel/motel properties. Plans and pi:ojects for 1991-92 included convention solicitation and servicing; coordination of public relations division for the Summer Games of Texas Special Olympics scheduled for May 12-15; serve as liaison between Denton and the TSO staff; assist local Games Director Derrell Bulls; conduct hospitality training seminars for Denton employees in preparation for the Summer Games; planning and assistance for the Denton County Amphitheater Association; open a ~ A s, f' j, AgondaNo,.-D~>~ Agenda Etom_ City of Denton City Councii Minutes Dse__ 3 _ ~ Z February 11, 1992 Page 3 Visitors Center on the interstate for travelers along the I-35 corridor and create a volunteer group to staff the Center and serve as tour guides; reproduce thu Denton brochure with appropriate changes; create a new concept for Denton billboard south of the a Oklahoma border; and continue maintenance and operation of an information center in the chamber office. 3. The Council received a report and held a discussion regarding housing and human service programs. Barbara Ross, Community Development Coordinator, stated that the allocation the department had received from HUD was $675,000 which was the largest budget for community development block grant that the City had ever had. They were projecting $20,000 in program income which was loan repayments on the housing rehabilitation program. The department had completed a comprehensive Housing Affordability Strategy which was a new requirement by HUD in order to receive home funding. Ross reviewed the programs/ strategies of the document which detailed affordable housing priorities and goals for the next five years and indicated a source of funding for each new initiative. A detailed presentation of those goals and priorities were included in the agenda back-up. She also detailed a list of projects for the 1992 year which was also included in the agenda back-up. Council Member Chew stated that Ross had indicated that there was a waiting list of 329 families for rental subsidies or residence in public housing. What was being done to reduce that list. Ross replied that the department was offering as much support as possible. There were elderly persons on the list so that the work on the Crawford Hotel project might take some of those people off the list. They were attempting to give out rental rehabilitation funds in order to complete more standard rental units. Council Member Trent felt that the City should not relinquish restrictions and not do the some thing for people not in the program. He asked about the guidelines for the homebuyer assistance program. Ross replied that first there was a list of eligible income levels for the program, The staff would help complete the necessary paperwork, evaluate the qualifications of the homebuyer to see if they would meet the criteria for a home loan and then send them to a bank with paperwork and to a realtor to begin looking for a home. 4. The Council received a report and held a discussion regarding a public hearing to be conducted by the Texas Department of \ l~ V x J { Pgonda Mo. L2 DD L._. Agenda Isom City of Denton City Council Minutes Ito ~T 2~ February 11, 1992 Page 4 Transportation regarding improvements of u. S. 377 from I. H. 35S to F. M. 1830 in the City of Denton and gave staff direction. Rick Svenla, Deputy City Manager, stated staff wanted to reconfirm the Council's position on the median design. Previously, Council ° had approved raised medians to the railroad tracks and south of the tracks would be a continuous left turn lane. Much of the previous discussion had centered on the Highway Department's idea to regain their right-of-way and build an "outside in" construction. This meant that the road would be very wide and would infringe on parking lots and some entrances particularly for the businesses on the west or southwest side of U.S. 377 from 135E south to the railroad tracks. Previously Council was very concerned about that design and asked staff to indicate to the Highway Department that it should be built narrower. Staff wanted to reconfirm the Council's position so that it could be presented at the March 16 public hearing with the Highway Department. City Manager Harrell indicated that staff had previously visited with the property owners in the area. If the Higir.cay Department proceeded with their plan to build "outside in", it would have detrimental effects on the abutting property owners e.ss some of them had been using Highway right-of-way for parking and access for a number of years. Council Member Trent asked if any type of notices had bean sent to property owners rp;ently as some of the property might h<,va changed hands. Mayor Pro Tam F;opkins stated that that had been done previously. She felt that the Council needed to be committed to the project and could not waiver with the State. The City should do what it could to keep the road narrow but the road was needed. 5. The council received a report and held a discussion regar,ling the Denton Main Street Program of Work for 1992. Jane Biles, Main Street Manager, stated that the Central Business District Association had begun a membership drive. The Central Business District Association was the private partner with t:1:a Downtown Development Enterprise. She outlined the accomplishment;, for 1991 and the goals for 1992 of the Design Committee, the Development Committee, the Parking committee, the Promotions Committee and the Administrative Functions. Details of those accomplishments and goals were included in the agenda back-up. Council Member Trent asked about parking enforcement on the Square. 41 4 ~ E I Agenda No. OCl Agenda 110ni_ City of Denton City Council Minutes [hlo `I'~~ February 11, 1992 Page 5 Biles replied that at times it was a matter more of management rather than one of enforcement. There were two police officers who addressed parking enforcement for the entire City. Mayor Castleberry asked that the buildings be kept consistent with ' the downtown area. He noted one particular metal building which was an addition to an existing building which was not consistent with the design of the area. Biles replied that there were no regulations or enforcement r available to force property owners to conform to the design of the area. It was strictly voluntary although tt,,)re were architectural services available to those renovating their buildings. 6. 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, stated two draft ordinances had been prepared per Council direction. one made Council the appeals board, the other made the Building Code Board the appeals board. Staff was recommending that the Council did not take action with either of the ordinances. City Manager Harrell stated that the ordinances were available for Council consideration if they wished to change the current procedure. Mayor Pro Tem Hopkins stated that more names would be needed for possible board candidates. Individuals were needed who would not have a conflict of interest. Robbins replied that staff was continuing with that effort. Consensus of the Council was to keep the process as it currently was to provide more names to council for candidate selection. Debra Drayovitch, City Attorney, stated that the procedure to be followed would include: if a member of the Plumbing and Mechanical Code Board, the Electrical Code Board or the Building Code Board bid on a city contract and was the low bidder, the Attorney's office would advise that member that before the bid appeared an the City Council agenda for council consideration, the member would have to resign from that particular board. 7. The Council received a report and held a discussion regarding < the "Plan for Public Improvement of Entranceways" and gave staff a r. ~i i N: Agenda No:~ DD Agenda Ifem~S City of Denton City Council Minutes Dale _1! L,~` February 11, 1992 Page 6 direction. Frank Robbins, Executive Director for Planning, stated staff would like to use a document "Plan for Public Improvement of Entranceways" as a framework to follow when developing 4 entranceways. This guideline would allow staff., boards and citizens to maximize the time and the funds available, resulting in less wasted time, and more rapid realization of an entranceway's potential, Council Member Perry asked if this would be a general guideline. Robbins replied yes that it was not regulatory. Council Member Trent asked how effective the Adopt-A-Spot program was. Robbins replied that it was effective and had the potential to involve others in the program. Council Member Trent felt that there were areas of the city which had a lot of trash particularly at I35N on Loop 288. He asked if litter barrels could be placed there. City Manager Harrell stated that there were two City employees responsible for picking up litter in the City. There was a need for an Adopt-A-Spot program to help with that type of problem. Mayor Castleberry asked if the plan was a recommendation. Robbins replied yes and that staff would like to be able to use it A if requested. Consensus of the council was to proceed with the staff recommendation. 8. The council received a report, held a discussion and gave staff direction regarding a possible amendment to the proposal to the state regarding a landscape cost sharing project on FM 2181 (Teasley Lane) between Interstate 35E and Bent Oaks Drive. (The Beautification commission recommended approval.) Frank Robbins, Executive Director for Planning, stated that on February 2, 1990, the City Council authorized the City Manager to enter into a cost-sharing agreement with the State Highway Department to share in the cost of the landscaping project, This was subsequently modified by a memorandum dated April 9, 1990. The total project cost was estimated at $248,560 as compared to the 4 Irr , t t1 I f i agenda No. `-Deb ~ Agenda Item City of Denton City Council Minutes Dale ' February 21, 1992 F Page 6 direction. Frank Robbins, Executive Director for Planning, stated staff would like tO use a document "Plan for Public Improvement of Entranceways" as a framework to follow when developing entranceways, This guideline would allow staff, boards and citizens to maximize the time and the funds available, resulting in 7.ess wasted time, and more rapid realization of an entranceway's potential. d Council Member Perry asked if this would be a general guideline. Robbins replied yes that it was not regulatory. Council Member Trent asked how effective the Adopt-A-Spot program was. Robbins replied that it was effective and had the potential to involve others in the program. Council Member Trent felt that there were areas of the City which had a lot of trash particularly at I35N on Loop 288, He asked if litter barrels could be placed there. City Manager Harrell stated that there were two City employees responsible for picking up litter in the City. There was a need for an Adopt-A-Spot program to help with that type of problem. Mayor Castleberry asked if the plan was a recommendation. Robbins replied yes and that staff would like to be able to use it a if requested. Consensus of the Council was to proceed with the staff recommendation. 8. The Council received a report, held a discussion and gave staff direction regarding a possible amendment to the proposal to the State regarding a landscape cost sharing project on FM 2181 (Teasley Lane) between Interstate 35E and Bent Oaks Drive. (The Beautification Commission recommended approval.) Frank Robbins, Executive Director for Planning, stated that on February 2, 1990, the City Council authorized the City Manager to enter into a cost-sharing agreement with the State Highway Department to share in the cost of the landscaping project. This was subsequently modified by a memorandum dated April 9, 1990, The C total project cost was estimated at $248,560 as compared to the i it ff Agonda No.. ~ Allenda Isom Wlo City of Denton City Council Minutes February 11, 1992 Page 7 previously proposed total cost of $314,978. The City's share of this coat was $125,572' MCiThes ushre would ta of pocket eexpenses expense, involving city personnel. included installing and purchasing the irrigation hardware, roved the purchasing and planting all the trees. If council app amendment, a letter would be sent the State review this prop salhwould berplaced Following Highway hway Department L~ on the agenda of the Texas Highway Commission which would approve , At a minute order and issue would have t e oppor uri ty to review that point, the City Council the unsigned agreement and authorize the city Manager to sign it. once that was done, tho Highway Department would sign the agreement, Consensus of the Council was to proceed with the amendment. 9. The Council received a report and held a discussion regarding issues to consider for a possible Charter amendment and gave staff direction. City Manager Harrell stated that at the end of last year, Council had a discussion regarding a possible Charter amendmen". At that time staff was asked to identify potential) issees which could by looked at if charter amendments were propose direct the City Council or by a charter review committee. Three items were presented to Council for consideration. one was a model city as a charter adopted by the possibleCivic it ms,,a'nd onewwas a list of suggestions National Council/Mayor Bugg staff recommendations for possible amendments. Finance, Planning and Legal had presented items for consideration. Possible actions Council t included doing only the present time amendments which in charter, would Chartrter, y c appointing a charter study committee to approval, present h the voters or e Charter in Council for consideration eandlthen rto the voters presented the Council Member Trent suggested that if a charter committee were formed, the Council might want to hear from the public first rather speakcommittee than dust a r o nr ate ty from then go to tar committee should have an n oppppo which would present a recommendation to the council. Mayor Pro Tem Hopkins felt that that process was not correct as there were many details to look at such as bond issues which the public would not have enough specific information. She felt a charter committee could hold public hearings on each chapter or to be do eiquickly£as committee were going to be formedl,eit needed be f. t3 Agonda No. "e) 0 Auenda X-) S ;0 City of Denton City council Minutes QD 1l9 ale l m February 11, 1992 Page 8 the process would take a number of months. C 4 Council Member Alexander felt that the proposed suggestions appeared to be house cleaning proposals and minor word changes. He had not had any resounding requests from citizens wanting to have a major charter review and revision process. Much time and effort was involved in such an undertaking and also an associated cost. A full-time person from the Legal Department would need to be assigned to work on a charter review process. He was not in favor of such a process at this time. Council Member Trent suggested looking at a charter amendment y in the meup segmentslcould be larea of a 6-1 at athero than lthe enti re p chart. ercertain Council Member Alexander felt that if part of it were being done, then the entire charter needed to be done, Council Member Smith felt that there was nothing in the proposed changes which were necessary at this point. Mayor Pro Tem. Hopkins felt that there were two major areas which needed to be addressed, One was the utility system and the franchise fee and the other was the 4-2-1 makeup of the Council, Probably a majority of the citizens were happ with -2-1 and she felt it was working but she had heard from a number of4citizens who did not feel it was fair. She would like to see a charter committee address those issues. Council Member Perry felt that the current charter was very clear .in the protection of the public utility system. He had looked at the at-large representation and felt that it worked effectively and was not willing to take on a revision at this time. Council Member Chew did not see a need for a charter revision at this time. He felt that the 4-2-1 system was working well and should not be changed. Council Member Perry stated that he had heard the term "disenfranchised" used which meant "deprived of". There was nothing in the charter which deprived any citizens especially voting privileges, Mayor Castleberry stated that the consensus of the Council appeared to be to have no full charter revision committee at this time. Council Member Alexander felt that a review process should be done ' only if very necessary. He felt that the only issue where he had 1 It `n ~n7 Benda No. -e Agand3llam S city of Denton city Council Minutes Dale ----~5434 February 11, 1992 Page 9 heard very many people in the community talking about the need for a possible charter revision was on the question of council allocation. Under the present circumstances, a great majority of the people of Denton were comfortable with the 4-2-1. Council Member Trent stated that during the past redistricting discussions, there was a great deal heard about a 6-1 plan, He had heard during the redistricting discussions, comments which caused d him to do some reevaluation. He would like to hear publicly what people had to say about a 6-1 plan versus a 4-2-1. Mayor Castleberry asked if Council wanted to have a committee look at specific possible amendments. Mayor Pro Tem Hopkins stated that if that were done then a committee would have to go on to other issues. She felt that the Council needed to decide to either review the charter or to not review the charter. Council Member Alexander felt that there were several levels of the process- (1) to do nothing and leave the Charter as it was, (2) to direct staff to identify all of the housekeeping issues for possible amendments for council to initiate those changes and to submit to the electors, (3) to do substantial changes which a committee would review, present to Council and then submit to the voters, and (4) to do specific amendments to be considered by a committee, presented to Council and submitted to the voters. Council Member Perry felt that there was not wide call to do a charter review. Council Members Alexander, Chew, Smith and Perry felt that there should be no charter review at this time. Mayor Pro Ten Hopkins and Council Member Trent felt that a charter revision should be done. Mayor Castleberry felt that specific amendments should be done. Consensus of the Council was to not proceed with a charter review at this time. 10. The Council received a report and held a discussion regarding proposed "Smoke Free Workplace" and proposed "Use of Smokeless Tobacco Products" policies and gave staff direction. Tom Klinck, Director of Personnel, stated that the first draft of the policy prohibited smoking in all facilities and vehicles. Some w ti r <1 in is r, AgWa No. Agenda Item [k~~o ~ .3 2J ~ City of Denton City Council Minutes February 11, 1992 Page 10 concern was expressed in the Police Department that this would be too strict. As a result of this concern, the City Manager a requested the Policy Committee to review the proposed policy and make a recommendation. Discussion focused on trying to find a middle-ground that was not as strict. Thus, the Committee recommended smoking be allowed in vehicles with the following guidelines: (1) employees who were assigned a take-home vehicle could smoke in that vehicle if permission was expressly obtained in advance from all other passengers, (2) smoking would be allowed in department "pool vehicles" provided that non-smoking "pool vehicles" were designated and available and provided that permission was expressly obtained in advance from all other passengers, and (3) smoking would be allowed in open air vehicles such as heavy equipment. Council Member Trent felt that there was no difference between smoking in a vehicle and in a building. City Manager Harrell stated that the rational for reviewing the smoking policy was the basic concern of secondary smoke, The proposed policy was a compromise policy. Mayor Pro Tem Hopkins felt that there might be a problem in the future in regards to needing more vehicles for non-smokers and for smokers. She felt either all should smoke or no one should smoke. The proposed policy was not fair, She suggested that the policy allow smoking in all vehicles unless someone objected. Klinck suggested amending the policy Section B. to state that "the use of tobacco products is prohibited in the City of Denton vehicles unless permission is expressly obtained in advance from all other passengers." Consensus of the Council was to proceed with that amendment. city Manager Harrell stated that a special call meeting was necessary to consider an annexation request on either March 11, 12, or 13. The meeting would be very short with only one item for consideration. Consensus of the Council was to hold the meeting on March 11 at 4:00 p.m. 11. The Council convened into the Executive Session to discuss legal matters (considered action in Texas aste Management vs. City of genton), real estate and personnel/board appointments (received and considered a report from the City Council Municipal Court Subcommittee regarding City Council employees and goals and f 4 r f Agenda No. Aaenda Item r #"jJ City of Denton City Council. Minutes Date l .'3" c? 2-1 February 11, 1992 Page 11 objectives related thereto for 1992-92. No official action was taken. With no further business, the meeting was adjourned. BOB CASTLEBERRY, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS ACC00044 ~e w l~ .e OCITY COTJN.IL 4 FT- A QooQQQ4o~aoaaooooo a_ QOOOO~ ~ N ~0 poD - 4: Q O ~ O~OO~ r o V t ~ ~vO~p ~D~L~Cp G GL'QQO IT 1 i r. i Agenda t . Do Agend~~t~~ Odle CITY COUNCIL REPORT FORMAT To: Mayor and Members of the city council 0 FROM: Lloyd V. Harrell, City Manager s SUBJECT: Z-92-005 Denton County Rezoning RECOMMEND&T.iON: The Planning and Zoning Commission at its February 12, 1992 meeting recommend approval (3-2). SUMMARY: Rezoning request for a 19.67 acre tract of land from the Multifamily one district to the Light Industrial district (conditioned) on property located on the south side of East McKinney, approximately 635 feet west of Woodrow Lane. BACKGROUND: See P&Z Report. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Denton County, Building inspections, surrounding neighbors and Planning and Development Department. KCAL IMPACT: N/A e I I y e b to Prepared by: Lloy V. Harrell S~ A City Manager Ka en K.Fe hart Ur an Plann r A p v : F a o , AICP J~ Executive Director Planning and Development AXX000F6/l g r ' Pgonda No. _ ' CJ p d i Agondo Item ?S _ Dale- PLANNING AND ZONING COMMISSION REPORT To: Mayor and Members of the Cit;l Council Case No.: Z-92-005 Meeting Date: March 3, 1992 4 GENERAL INFORMATION Applicant: Denton County 110 West Hickory Denton, TX 76201 (Dennis Burn, P.E.) Current Owner: Grater Two Corporation 2001 Bryan Tower Dallas, TX 75201 Requested Action: Rezone a 19.67 acre tract of land from the Multi-Family district (MF-1) to the Light Industrial district, conditioned (LI(c)). Location and Size: A 19.67 acre tract of land located on the south side of East McKinney, approximately 635 feet west of Woodrow Lane. Surrounding Land Use and Zonings North - SF-7; Residential South - MF-1; Vacant East - LI (Light Industrial); Denton County Correctional Facilities. West - SF-7, vacant and residential Denton Development Plans Low Intensity Arer. SPECIAL INFORMATI'. Transportation: . e.c, nt impru'+emc:nts to McKinney will be .:,,gad, as this is a state highway. :,1eWalk will be required across the frontage of McKinney. i II i ~I 1 I, r Agenda No. Agenda Itemm~ Date (Case Z-92-005) SPECIAL INFORHATION (Continued) 9 No additional sharev the existing drivemontodMcKinney property may ay Street. utilitiest ts+ters There is a 12 inch water line on McKinnand an -8 inch water line on Woodrow that can provide service to the site. Sewers There is a 12 inch sanitary sewer line on Woodrow and a 24 inch sewer on-site. NOTE: No buildings may be constructed over the on-site sewer. Firer Fire flow in the area is more than adequate for ntsmay be required any development. Additional hydrant in order to meet spacing qu Eleotriot Electric service is available along the property jail complex to the electric the l proposed office complex. ail complex Underground service is recommended. service deta-Is will be provided when construction plans are available. Drainages Drainage improvements will be required. A pipe system will need to be installed through the property according to the master drainage plan. The pipe system is to be designed oorta to year .storm swith ystem The 100-year overflow on top and if may be discharged intothe existing detenteonis some it is still op flexibility in t.he location of the storm sewer. Landsoapingt Landscape ordinance will apply to this site at the time of building permit stage. Page 2 k f. >r i) : r Aganda e) Agmida Item Rite ~ 319 L (Case Z-92-005) 9f~~.. HISTORY On April 22, 1969, the city council approved the rezoning of this tract of land from the SF-7 district to the MF-1 district (Z-1049). The property was never developed. On February 12, 1992, the Planning and Zoning heard case Z-92-005 and recommended approval ANALYSIS This property is located in a low intensity area, according to the Denton Development Plan. The property is immediately west of the Denton County correctional facility on Woodrow Lane. The request is for the purpose of locating government offices and court rooms closer to the correctional institution. Governmental buildings/ properties are treated a bit differently than most land uses. According to John Mixon, Texas Munic pal Zoning Law, the courts have stated that cities must look at "reasonable" use of the land in analyzing these petitions. Because this is in a low intensity area, the applicant is requesting conditioned Light Industrial district in order to a) keep zoning consistent with the adjacent tract, b) allow the flexibility of expanding the A correctional facilities, by way of a Specific Use Permit, at a later date. Correctional facilities are allowed in Light Industrial districts only with an approved Specific Use Permit. The applicant has requested that only the following be allowed uses on this tract: 1. Correctional facilities with approved pe` statfic se Permit. 2. Public building, shop, yar of local, or l government. 3. Offices, professional and administrative. Because the table of permitted uses has been narrowed down to these specific categories and correctional facilities, if ever located on this site would have to be reviewed in site specifics, staff believes this is a "reasonable" use of this tract of land. Page 3 rh :G ~t Monde No. Agonda Item_ " E?s/ i (Case Z-92-005) U3te RECOMMENDATION The Planning and Zoning Commission recommends approval (3-2) of Z- 92-005 with the following list of permitted uses: • 1. Correctional facility with a specific Use Permit. 2. Public Buildings. 3. Offices, Professional and Administrative. ALTERNATIVES 1. Approve petition 2. Approve petition with additional conditions 3. Deny petition ATTACHMENTS 1, Location Map 2. List of Permitted Uses 3. Planning and Zoning Commission Minutes of February 12, 1992. 4. Ordinance AAA003CD Page 4 i t ~i S I{ ATTACHMENT 1 onda No. _ DU f S l~ _ Aponda Itani ar10 3 7 42-005 County' NORTH ~ ~ ~ & , , Let. UH. P A 15 Y ~D L I PAISLEY W cc -i O HO~L~ OLL W ~ n 4 v~ o °o Y >o g w w U a u s 'z WOOOFOR f°e Q LEHR AN ° r CT. CHAR BER lE5 MPAACCKK Q LONGMECADOW d 1 DAVIS _1 AG.' 611 J CTERWIND AMp ' N w OAVISAV ® O® NNbY L_J L_-J OAK r F. M. 426 HICIKORY D _ MACK PARK ' o BERRY, SYCA- 3 o Z ~ J ~ MORE ~ u pAKW000 O CEMETERY CC IR ~ o PRAIRI 0 C Y FRED MOORE PAR W1t r _ CONTINENTIAL MORSE 1 ooNA nerc 1131lR2 SCALE; NONE 4 5 YK d ~ t 1 EXPOS L ROSE N P AILfT Z - R0. x i ALEXANDER - A ' BRADSHAW = - BUSHEVBRAOSHA F n T 0 El ;FOR_ D = c i y > DAYiS x p \ D I~ 5 H00 E N m I I LIE I WOOD lL~__J RUDD~LL ~R M I_ =*0011 RUDDELL Ij tvu NEWTON z ` ❑ JANNIE yy I 0t HENDE H -4O ° n WOODFGRD -o H \ A t` / CAMBELL LA WOODROW LN. MULNEY C, RD 1. ROYA c N T MEAD t f,} l n~ G z n m 0 nfi r F Z v rr, O K MACK DR, ~p Si. i,VA~e %fl r.C ATTACHMENT 2 Agenda No. Agenda Hem Z s * y/9 . Light Industrial District 1LI1 with the following conditional uses permitted3 .a ;a 1. Correctional Facilities with Specific Use Permit. 2. Public Building, ° Ord ~ 3. offices, Professional and bdministrative. A W ~ r+ v~ lj I ATTACHMENT 3 Agonda NO.- ~ -6)0 Agondallenu k~'S 7d~ P&Z Minutes f _ /'s SIB '~~'•l~ ~February 12, 1992 II( Page S It was moved by Mr. Glasscock, seconded by Ms. Huey, and unanimously carried (5- 0) to recommend approval of Z-92.001 amending 5-198. V. Hold a public hearing and consider rezoning a 19.675 acre tract of land from Multi- family (MF-1) district to Conditioned Light Industrial (LI) district. Twelve notices were sent to property owners within 200'; none were returned. Staff Report, Ms. Feshari reported that the request it to rezoned a 19.76 acre tract of land from MF-1 to Light Industrial, conditioned. The tract is located on the south side of East McKinney, approximately 635' west of Woodrow. Surrounding land uses include SF-7 on the north and west, vacant MF-1 to the south, and Light Industrial to the east. The property is located in a low intensity area. No pavement improvements to McKinney will be required because it is a state highway but a sidewalk will be required along the frontage. No additional driveways will be permitted. The property may share the existing drive with the correctional facilities onto McKinney Street. Utilities to the site are adequate. Drainage improvements will be required. A pipe system will need to be installed through the property according to the master drainage plan. The pipe system is to be designed for a 10 year storm with a 100-year overflow on top of the ground. The system may be discharged into the existing detention pond if it is still operable. There is some flexibility in the location of the storm sewer. The landscape ordinance will apply to this site at the building permit stage. On April 22, 1969, the City Council approved the rezoning of this tract of land from the SF-7 district to the MF-1 district (Z-1019). The property was never developed. The property is immediateiy west of the Denton County correctional facility on Woodrow Lane, The request is for the purpose of locating government offices and court rooms closer to the correctional institution. Governmental buildings/properties are treated a bit differently than most land uses. According to John Mixon, Texas Municipal 'LoninI ~uw, the courts have stated that cities must look at "reasonable' use the land. Staff has worked with the applicant on a list of permitted uses. The applicant has requested that only the following be allowed uses on this tract, 1. Correctional facilities with approved Specific Use Permit. 2. Public building, shop, yard of local, state, or federal government, 3. Offices, professional and administrative. Jecause the table of permitted uses has been narrowed down to these specific Categories and correctional facilities would have to obtain a specific use permit to ti ` r j, 1 'G r NondaNo. Oo "t Agenda Ilern Date . 9.21 P&Z Minutes ` s February 12, 1992 Page 6 1] R~ j locate on this site, staff believes this to be a reasonable use of this tract of land. Mr. Engelbrecht asked why a shop or yard is requested. Ms. Feshari said that it would give them a place to work on their vehicles. H~ Mr. Holt asked if the Courthouse would ever move out there. Ms. Feshari said that the question could best be answered by the applicant. It is possible that the Carroll Courts building or an expansion of their facilities and courtrooms could be. located on this site. Mr. Engelbrecht said that with residential zoning on two sides he ig concerned about a shop or maintenance yard. The residential areas would need protection. Ms. Feshari stated that the landscape ordinance applies. There would be screening. The Commission can also place additional conditions. Petitioner: Dennis Burn, Denton County Public Works, stated that on December 30, 1991, the Commissioner's Court signed a contract for the property allowing them to do a feasibility study on the zoning and soil. The zoning would be for future uses. There are no short term plans. The soil analysis is to investigate soil for the foundation and make sure it is not in violation of EPA restrictions. Basically, they ' want to know if the property is developable. If the zoning is granted kind 'lie soil is okay, the County will purchase the property. They will comply with development regulations. It has always been their intention to have a justice building near the jail complex. Currently inmates have to be transported to the Courts. It would be expedient to have the courts nearby. The Carroll Courts building would be used for other offices. They have no intention of putting in a shop or maintenance yard. They are only interested in public buildings and correctional facilities. Mr. Holt asked if there has been a study on the affect on downtown Denton if the courts are moved. Mr. Burn said that the building would not be demolished or abandoned. It would be used for offices. Mr. Engelbrecht asked if Mr. Burn would object to striking the wording after "public building" in permitted use #2. c. r. r~ 0 Y Agenda No. __Z Ej ° oD 77 -9 1 S Agenda Item-_ P&Z Minutes Lhte J 3- 9.2- _ February 12, 1992 U a U ~ Page 7 D R AT Mr. Burn said no. p In favor; no one was present to speak in favor of the petition. Opposed; Wendell G. Lillard, 1402 E. McKinney, stated that he owns the adjoining property. He understands the need for the proposed facilities and the advantage of that location. But being a property owner there, he is concerned about the affect on his property and the adjacent property that his parents own. In 1986 he was offered $135,000. Now his property is on the market for $85,000. Potential buyers are concerned about the correctional facilities. He is concerned about the increasing detriment to his property. A portion of his parents land is being considered by DISD who is also concerned about the correctional facilities. If the correctional facilities weren't there, they would probably be a buyer for the property. He asked if any study has been done on the affect on adjacent property owners. He has only 400' of frontage on McKinney at the top of the hill. It is dangerous to get in an out. McKinney seems to be a thoroughfare and there is no regard for the speed limits. More facilities will cause more traffic. He asked if the sidewalks would only affect the 19 acres. Mr. Holt said yes. Mr. Lillard asked if there would be more access, , Mr. Robbins said that the access will be taken from the existing curb cut on McKinney. Mr. Lillard asked if it is known how his property will be affected. Mr. Holt said no. Mr. Lillard asked about the drainage improvements. Mr. Salmon said that they will run from north to south from McKinney through the appht,,uit's property. Ms. Feshari clarified that Mr. Lillard would be notified if the applicant attempted to get an Specific Use Permit (SUP) for additional correctional facilities. Mr. Robbins said that an SUP is handled like a zoning case. A building permit for t Agenda No. 90~ - lJl3Z- Agenda Itani /.'.S P&Z Minutes X110 • 3 9~ February 12, 1992 RA Page 8 t T correctional facilities could not be issued without an SUP, An SLIP requires a " detailed site plan, Mr, Lillard said that if this case is approved, it would be. the same as having their foot in the door for the correctional facilities. He pointed out that there is no buffer between this property and the adjacent western tracts, Mr, Robbins said that if correctional facilities are proposed, buffering would be an issue in the SUP, It isn't for this case, Mr. Lillard said that when the Phoenix Apartments were built there was supposed to be a fence erected on the east side of his dad's property, This was never done, His folks had to erect, maintain, and replace the fence as needed at their own expense, That development promise was never fulfilled, Mr. Holt stated that buffering is bein6 enforced a lot more now. Ms. Huey asked is the previous offer for Mr. Lillard's property was prior to the construction of the correctional facility. Mr. Lillard said yes, Recommendation; Ms, Feshad said that the staff recommends approval of Z-92-005 with the list of permitted uses, Chairman Holt closed file public hearing, Mr. Engelbrecht stated that he recognizes Mr, Lillard's concerns but a correctional facility would require an SUP with public review. There are ordinances for buffering and the requirements could be increased with the SLIP. Ile moved to recommend approval of Z-92-005 with the list of permitted uses but striking the words after "public building" in use #2. Motion was seconded by Mr, Knmman, Ms, Huey said that unless the Commission puts in additional buffering, there is no landscaping to the west, Mr, Robbins said that screening will be required from existing residences but is not required for vacant land. v' nn S s h ii ~a Agenda No. -yCS~ Agenda Item, %X-9s 4 ik~le -__~'Z 3. cJL P&Z Minutes February 12, 1992 Page 9 D R A Jr, Mr. Kamman asked if someone develops the SF-7 land later, they could put in a screen. Mr. Robbins said yes but they would not be required to do so. ,t. Mr. Holt said that his concern is the public building. He thinks moving the court roams out to McKinney would be disastrous. There is already too much fragmentation, Money and time is being spent to develop downtown Denton. It looks nice and has new businesses coming in. Eating establishments and law offices are dependent on the Courts. Title companies and other agencies are located downtown as well. Moving the courts would transfer the city center to a residential area and all the other related businesses would have to move as well. The city should preserve the city center. He is not against the case except for the public building which would probably become the courts. Mr. Robbins said that he understands the concern. The problem is the use of land at this site as opposed to the use of land at another site. That is a difficult issue to deal with in zoning. Mr. Holt said that the list of permitted uses has been limited and lie would prefer to limit it further. Motion carried (3.2). Mr. Halt and Ms. I-luey voted no. Joint Meeting with the Public Utilities Board (PUB PUB Members Present; Bob Coplen, Kenneth Frady, Roland I-mey, and Carol Riden Present from Staff, Bob Neison, Utilities; Cathy Dubois, Finance; Joe Thompson, Airport Manager; Lee Allison, Water/Wastewater; Howard Martin, Utilities; John Cook, Fire Chief; Catherine Tuck, City Manager's Office; John McGrane, Finance; Bill Angelo, Community Services; and Janet Simpson, Parks and Recreation Vl. Hold a public hearing concerning the 1992.1997 Capital Improvement Program (CIP). Ms, DuBois stated that the purpose of the hearing is to receive input from the community for prepartion of the CIP. She reviewed the. 1992 CIP schedule, t1 - - cwpdocs\Z92005,o Agonda kam !C~~ 719 Rafe /o IS- ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM MULTI-FAMILY (MF-1) TO LIGHT INDUSTRIAL (LI-c) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION WITH CONDITIONS FOR 19.67 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF EAST MCKINNEY WITH CONDITIONS, APPROXIMATELY 635 FEET WEST OF WOODROW; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FCR AN EFFECTIVE DATE, WHEREAS, the County of Denton has applied for a change in zoning for 19.67 acres of land from Multi-Family (MF-1) to Light Industrial (LI-c) district classification and use designation. with conditions; and WHEREAS, on February 12, 1992, the Planning and zoning commis- sion recommended approval of the requested change in zoning; and WHEREAS, the City Council finds that the change in zoning and approval of the detailed plan will be in compliance with the Denton Development Plan) NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the zoning district classification and use designation of the 19.67 acres of land described in Exhibit A, attached to and incorporated into this ordinance by reference, is changed from Multi-Family (MF-1) to Light Industrial (LI-c) dis- trict classification and use designation with conditions under the comprehensive zoning ordinance of the City of Denton, Texas, SE ON I That in accordance with Ordinance No. 91-078, the property shall be subject to the following condition: Specified Uses: The property may only be used for correc- tional facilities with a specific use permit, public build- ings for local, state, or federal governments, and profes- sional and administrative offices, SECTION III. That the city's official zoning map is amended to show the change in zoning district classification. SECTION IV, 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, SECTION V. That this ordinancu shall become effective fourteen C (14) days from the date of its passage, and the City Secretary is l v" b I 6 I} i FI Agenda flo, ' Agonda llem_ S ogle ~ 3 9Z to be hereby directed to cause the caption of this the official newspaper lished twice oifn t Denton, he DentTexas, owithin ten (10) days of the date of of the City its passage. 1992. day of PASSED AND APPROVED this the BOB CASTLEBERRYF MAYOR ATTEST: CITY SECRETARY JENNIFER WALrERS, BY APPROVED AS TO LEGAL FORM'ATTORNEY DEBRA A. DRAYOVITCH, CITY BY : Ole A PAGE 2 w Aconda No, 'e0 ADonda Item eS ai` Dale zxHiBIT "A" LEGAL DESCRIPTION All that certain tract or parcel of land situated in the Hiram Sieco bein Survey, Abstract Numer acred Count dy of eeded by nJack xran Ness, all of a certain (c Trustee, to North Fort Worth Bank, recorded Vdeolume 199a,s fol 1 wst Dead Records of said Countyntyr , and being more Beginning at the Northwest corner of said 19.69 acre tract at a found steel pin on the South boundary line of McKinney Street= Thence South 84 degrees O Street a seconds East with the South of 399.29 feet to a found boundary line of McKinney S iron pin at a fenco corner; Theme South 00 degrees 59 minutes 52 seconds East along and near a ? fence a distance of 2180.57 feet to an iron pin at a fence corner poet; Thence North 11 second distance of 407994 feeteto2an ironlpin at a fence orner,ith a fencm a , Thence North 00 degrees S9 minutes 00 seconds west along and near a fence a distance of 2111.78 feet to the Point of Beginning and containing 19.6756 acres of land, PAGE 3 x - ItT 4 CITY COUNCIL - - T M: X :MM: m: m ooooQaoaooo 000000 d~O A. A H DOS p~ oD T :L D t a a a- q~0 X M. C'OOO~Q P 0 N 1Y1~~ O~~O oODn~C~~GU~~o i- y =r T' t Agondo No. na Agonda ltem_6s~` Rapp Es 03/03/92 CITY COUNCIL REPORT FORMAT TOt Mayor and Members of the City Council FROMi Lloyd V. Harrell, City Manager 4 SUBJECTt Z-92-001 SUP Amendment for Putt-Putt Golf RECOMMENDAT ONi The Planning and zoning commission unanimously recommended approval (5-0)• SUMMARYI The requested action is to amend Specific use Permit No, 198 to allow for batting cages in the southern portion of the property. AB CKOROUND3 See PAZ Report. PROG S, DEPARTMENTS OR G$OUPS AFFECTEDi Patrons of Putt Putt Golf, Code Enforcement, Building Inspections, and Planning and Development Department, FISCAL IMPACTS N/A ully ub edit Pr pared by, JLI d Harre 1 _ - a City Manager K en KFe ari U an Pia nner i App,rH, Ro bins, AICP Executive Director Planning and DeVLIopment AXXOOOF6/2 1 I li AgondaW, Agenda Item /--'~7 Dale PLANNING AND ZONING COMMISSION REPORT Tos Mayor and Members of the City Council t Case No.: Z-92-001 Meeting Dates March 3, 1992 GENERAL INFORMATION Applicant: Putt-Putt Golf and Games 3520 E. McKinney Denton, TX 76201 Current Owners Scott Campbell 3037 Oakshire Denton, TX 76201 Requested Action: Amend a specific Use Permit on Lot (1), Block A, Putt-Putt Golf and Games Addition for the purpose of adding batting cages. Location and Sizes Two acres located on the south side of McKinney Street near its intersection with Cardinal Street. Surrounding Land use and zonings a north - SF-7 (residential and church) South - Agricultural; vacant East - PD-91; Genetic Research Building West - Agricultural; vacant Denton Development Plans Moderate Activity Center SPECIAL INFORMATION _ The Special Information Section is not necessary for the purpose of the report, as the proposed use will not effect transportation, C drainage, utilities or fire, c h ~ Y F; if . =r AQonda No.. ~2 - -96'113 AUorida Itom/ ~Ie (We (Case Z-92-001) HISTORY On February 21, 1989, the City Council approved ordinance 89-028 granting a Specif.tc Use Permit for an outdoor commercial amusement use in the Agricultural Zoning District. In 1982, the property to the east was zoned Planned Development No. 41 for retail, multi-family, single family attached and detached land uses. Two proposals for creating a Planned Development on 60.2 acres, including this site, were submitted in 1986. The proposals included land rises ranging from general retail to single family attached. The Planning and Zoning commission recommended denial of both requests. On February 12, 1992, the Planning and Zoning commission held public hearing on Z-92-001 and recommended approval (5-0). ANALYSIS The property is located in a moderate activity area. The allocated trips for this site are 1,300 (2.0 acres x 650). The proposed batting cages will not affect the intensity trip allocation, as the trips, when this SUP was originally approved, were based on acreage not square footage of building. The main concerns of the additional use are noise and lighting. The applicant has proposed a location in the southern portion of the site. The six (6) lanes will be on a four inch slab approximately 80 feet by 100 feet. An eight foot high chain link fence is proposed around the batting area. Netting around the area ranges from fourteen (14) feet in height to 20 Feet. Along the western portion of the batting cage, the site plan depicts seven (7) lightpoles approximately 20 feet high. The lights will he angled down to shine on the area between the batter and the pitching machine. The lights are angled to direct light towards the Genetic Research building and not towards the adjacent vacant, agriculturally zoned property. Page 2 1 n z; konda No. ~v - eD L- Agonda Item le' #745 (Case 2-92-001) Dale 7 ANALYSIS (Continued) As stated earlier, noise is also a concern. There is a 52 foot buffer area with supplemental landscaping between the southern portion of the batting area to the southern property line. This should assist in mitigating the noise. The existing layout of the site also reflects a 33 foot buffer between the parking lot and the property to the west. In addition to the proposed landscape to the south, the applicant is proposing additional trees in his street yard. It does nat appear as though the expansion of this commercial outdoor amusement use will violate the policies of the Denton Development Plan. RECOMMENDATION The Planning and Zoning commission unanimously recommends approval of Z-92-001 of amending S-198 (5-0). ALTERNATIVES 1. Approve petition 2. Approve petition with additional conditions 3. Deny petition ATTACHMENTS 1. Location Map 2. 5-198 (Ordinance #89-028) 3. Proposed Site Plan 4. Minutes of Planning and Zoning commission Meeting of February 12, 1992 5. Ordinance AA003D2 - C Page 3 C !a r f( fi ATTACHMENT 1 Aaonda W. l~ V 4Q~ Z-92-001 Putt Putt Golf Agonda Ilomj ~B Date NORTH sn CHRISTOPHER OR co W BARNES pp~~~aDR. ~ PAfSLEY ST. ~I « WOOOSON MENG CIR. O FEDERAL w CIR, CONDITT KINGFISHER LNJ -j CENTER a CIR, } WESTON DR, MEADOWLARK I/ ORIOLE 7 808-0-LINK ` I I MARKET TU D (WE %1~1-1011 THRU SH LN. ® a~~~~ OB-O-LINK ~ HUMMING8IRD tx CO BLUEBIRD CO Z 02 X Li O g SNOW w SITE DATE; 1151/07 SCALE; NONE a~ r bDonda No. ATTACHMENT 2 Agenda Item --3~ Dale N0. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR A MINIATURE GOLF COURSE FOR TWO ACRES OF LAND LOCATED c ON THE SOUTH SIDE OF McKINNEY STREET, AT ITS INTERSECTION WITH CARDINAL LANE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2000.00 FOR VIOLATIONS THEREOFi AND PROVIDING FOR AN EFFECTIVE DATE. 44, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: ,g'CTION_I. That in accordance with article 10 of Appendix B- Zoning of the Code of ordinances, a specific use permit for a miniature golf course is granted for the 2.0 acres of land located on the south side of McKinney Street, at its intersection with Cardinal Lane, as more particularly described in Exhibit "A", attached hereto and incorporated herein by reference. SECTION II. That the property shall be developed, used, and maintained in accordance with the site plan shown in Exhibit "B", attached hereto and incorporated herein by reference. in addition, to the requirements of the site plan, in order to provide screening for the parking lot, shrubs shall be planted between the parking lot and the entire boundary of the southern property line, prior to the beginning of business operations. The foliage installed to provide the natural screen shall ISe of the number, size, and type, as approved by the Department of Planning, sufficient to provide a solid foliage screen of a minimum height of six (6) feet, within three (1) years of planting. Thereafter, the foliage screen shall be maintained by replacement foliage, if necessary, to provide the screening herein requiredo 'IrCTION Iji. That the Zoning Map of the City of Denton, Texas, adopted the 14th day of January, 1969, as an appendix to the code of ordinances of the City of Denton, Texas, under Ordinance No. 69.1, as amended, is hereby further amended to show the permitted use. CTION IV. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2000.00. Each a sethat a provision of parate and distinct h offensenance is violated shall constitute . }j 01 Agenda No.~DD Agenda Item S Dale _3- 3 Z,-, SECTION V, That this ordinance shall become affe t fourteen (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 newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this theO?/*W day of , 1989. RAY E EN3, YOR ATTEST: r J IF ALTERS, CIT S CRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: \ rm &Mde r i Z-88-026/Page 2 \ wti n r EXHIBIT "A" All that certain 2.000 acre tract or parcel of land in t0401 F,~oach u_ryg y Abstract Number 1442, being part of a tract conveyed to Land rr''~~ recorded in Volume 1639, Page 505 Real Property Records,Ap"U A TA-a B said 2.000 acre tract being more particularly described Mefollo Beginning at a found half inch rebar in the south right-of-wa+ y line of McKinney Street for-the northeast corner of the herein described tract, same point being the northeast corner of said Mulkey tract: Thence South 03 degrees 26 minutes 35 seconds West with an east line of said Mulkey tract, along and near a fence a distance of 428,22 feet to a set half inch rebar for corner: Thence North 86 degrees 33 minutes 25 seconds West a distance of 200.00 feet to a set half inch rebar for corner; Thence North 03 degrees 26 minutes 35 seconds East 200.00 feet west of and parallel to the east line of the herein described tract, a distance of 442.99 feet tc aset half inch rebar in the south right-of-way line of McKinney Street for corner; Thence South 82 degrees 19 minutes 57 seconds East with said right-of-way line a distance of 200.55 feet to a point of Beginning and containing in all 87,120 square feet or 2.000 acres of land. The undersigned does hereby certify that the plat hereon is'baned on an actual survey made on the ground September 1, 1988, and that it is a true, correct, and accurate representation of the property as surveyed, that there are no visible and apparent easements except as shown on said plat; that the quantity of land therein has been accurately calculated; and that said property has access to a public roadway unless otherwise noted, The legal description was done by Stanford Hauptmann, Texas Registered Public Surveyor, Number 22550 on September 8, 1988. C Z-88-026 r Fy EXHIBIT "B" Z 8 8 026, laonda Plo, _ JZ'~ A Onda oMTN die 3 3~c „L, 8012NNFy STREET w ..♦.a r~ 1 4-.1. rr 4 rrw out • f i e . a r At aws ? t! 37 C ?00. 55' ua as of" 0% 11111M I p err rr V. I o µ ~.Q. or Q ACRES rAOroseo k Z W ~ ti. a Q it MM ~n r ~ r 1ANMtl~IN~ ~ `T J p . C _ s~A[t++w4 4 an as OWL N M°3Taf~ r ?N.OS~ ~ ~ S~* Aim C SCAN AA*/C CA T1 •A77,$ t' r, R u f 'f- .'16 -3- - _ ondaNo, s o 1 -d4 peer.-,. •„u-., A'Il'1`ACFTfefI%IQrP_~_ MCArNNEY 8TRb1vdp Rom /c - I3 n.r . - 82'19'57' fi 2C1u,55. L _i L - •^r•- - - t_ r 7-1 ~ U . T 70 o ~ O , L r I 'ar r.at ti ~ ~ 1 '♦L' PTO ~•Met! - " T• ' ~--J ;phlla ec.. c t Pro J }i i tt~o+rn 1 J ' l ~ i Ir. turoi •u:<r' tat rct rro ~ ( , ~ .n ~-1" •'rC ya r♦i11 4x tsn a IV at'h I, y Proposed haRy% Ce9es' rr! ~ ~ I i ~ t, H'.slabrapprotii„artVy Boa.IN. d f` i N~ Ct11 I ft 'yy,egFi. Tv'ij th Ain Ink fn nee will i ( j } 1 1 ' $JffONIV }t14 aen,w't4r sNpporl ~ < 11 ~t• , N I Qt h / I Po4s~1v hold ntNlag~rang n9{rane t : _ L Rj I {t!{ealeng. iti4. y<eteen {'l t+cee_ ~ ~ ~ ~ \ + _ V I Qo{eel r a,o^g.e eatse: n. fewte _ . _...'..!t°',' Li ll. t... r L s NtUfIMJ.N hC . W111. l)i. ?f+re C1 W Qenca~,~bere 1 L, V r Ail, FFt western " 1• nl I .vi ll be Setet. L'1M1 pu rse arpree, rt ' Y ~.'1+ 7.e, sJ~11 tr. a„}kd N rtN 1't'rll,, 11gVA 9t tlou, Jt E4n ne mN: nre. br b,,eto 1.~ t 1 cu u , 't ~ .i ~ r1 I { tAll:r ana I4'. rifc4, i..~ ' 1 i r INi1111M1 f. k6t ,e A ;olal Of s e Imes (Lis Mini InaelLv,e4). will be !N'}I 'PAf1 p ,r i iht dolled lines r<p esen! so(por} - - ~ r . ~I r I barY (a the dt Hiry)ltitd iv toalerA t 'O pr pr rvrct ~ °"~s'' ~"r baubalb at Iltey'r4 been hl~ an Pc eC° r _ rr..u i[s I 1~ } ~ 'Y'rTR~f~ 01 AO" ft totOif 10m) a. - d l /Y µhlp 1~lrROIOICOifIDY~•tEah4ALV.t~IK1•N~ I y, r ~ /~/•!1 I I. 1 UIMfiScAPEtelMLlMi U a q,~,l putt. 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VIM k"" LOi 141 - t Agenda No. ATTACHMENT 4 ~y u Agenda Ilona P&Z Minutes DRAF1 February 12, 1992 Page 3 Mr. Saimon said that he does not think so, The street will be abandoned for public use so if there is any hazard it will be on private property, If cars do cut through, that is a trespassing issue, Chairman Holt closed the public hearing Mr, Engelbrecht moved to recommend approval of the preliminary replat with conditions, Motion was seconded by Mr. Kamman and carried unanimously (5-0), IV, Hold a public hearing and consider amending a Specific Use Permit (SUP) for Putt- Putt Golf, Inc., a two acre tract of land on the santh side of McKinney Street, Six notices were mailed to property owners within 200'; two were returned in favor and zero in opposition. Staff Report: Ms, Fesharf reported that the petition is to amend a Specific Use Permit on W 1, Block A, Putt-Putt Golf and Games Addition for the purpose of adding batting cages, The tract is 2 acres located on the south side of McKinney Street near its intersection with Cardinal Street, Surrounding land uses include SF-7 to the north, vacant agricultural hand to the south and west, and PD-41 and the Genetic Research Building to the cast. Tha Special Information Section of the staff report is not necessary for the purpose of this report as the proposed use will not affect transportation, drainage, utilities, or fire, On February 21, 1989, the City Council approved Ordinance 89.028 granting a Specific Use Permit for in outdoor commercial amusement use in the Agricultural Zoning District, In 1982, the property to the east was zoned Planned Development No. 41 for retail, multi-family, single- family attached and detached land usu~, Two proposals for creating a Planned Development on 60,2 acres, including this site, were submitted in 1986, The proposals Included land uses ranging from general retail to single-family attached. The Planning and Zoning Commission recommended denial of both requests, The property is located in a moderate activity area. The allocated trips for this site are 1,300. The proposed batting cages will not affect the intensity trip <allocation. The main concerns of the additional use are noise and lighting, The applicant has proposed a location in the southern portion of the site. The 6 lanes will be on a four inch slab approximately 80' by 100'. Au 8' high chain link fence is proposed around the batting area, Netting around the area ranges from 14' in height to 20'. Along the western portion of the batting cage, the site plan depicts 7 light poles approximately 20' high, 'file lights will be angled down to shine on the area between tine batter and the pitching machine. The lights are angled to direct light towards the , /D. 4 r. T -e-~ f'. is ~i pQontla No. ~ -Dv A onda Ilom_ IPS # 7~6 P&Z Minutes ❑ ~~~1~d February 12, 1992 A Page 4 C Genetic Research Building and not towards the adjacent vacant, agriculturally zoned property. Noise is also a concern. There is a 52' buffer area with supplemental landscaping between the southern portion of the batting area to the southern ° property line, This should assist in mitigating the noise. The existing layout of the site also reflects a 33' buffer between the parking lot and the property to the west. In addition to the proposed landscaping to the south, the applicant is proposing additional trees in his street yard, It does not appear as though the expansion of this commercial outdoor amusement use will violate the policies of the Denton Development Plan, Mr, Engelbrecht asked which activity center the agricultural property to the south is located in, Ms. Fesharl said that she..vould have to look it up. Agricullure is considered a residential zoning district and if' It Is In a moderate activity center, it can still have residential uses, High dansity residential uses would be encouraged, Mr, Engelbrecht asked what screening was required by the previous ordinance. Ms. Feshari said that there was a specific condition that required shrubs to be planted between the parking lot and the entire boundary of the southern property line prior to the beginning of business operation, The foliage installed was to be sufficient to provide a solid foliage screen of a tai Imam six feet in height within three years of planting, The applicant had plantedtenia and it was not doing real well, so the applicant has agreed to add more plant material In this area, The applicant Is also proposing 16 additional trees. It appears that ten of the trees will be along the southern property line. P^titfoner: Scott Campbell, owner, slated that the only additional noise will he the clinking of aluminum bats. The pitching machine motors are quiet, The additional trees will help off-set the bat noise, No one was present to speak in favor or in opposition to the amendment, Recommendation: Ms. Feshari stated that staff recommends approval of the amendment to S-198. Chairman Holt closed the public )tearing. C ^~c #7f~ Agenda Item P&Z Minutes Date /3 /J ebr ary 12, 1992 it Page 5 It was moved by Mr. Glasscock, seconded by Ms. Huey, and unanimously carried (5- 0) to recommend approval of Z-92-001 amending 5.198. " V. Hold a public hearing and consider rezoning a 19.675 acre tract of land from Multi- family (MI'1) district to Conditioned Light Industrial (LI) district. 'T'welve notices were sent to property owners within 200; none were returned. Staff Report, Ms, Feshad reported that the request it to rezoned a 19.76 acre tract of land from MF-1 to Light Industrial, conditioned. The tract is located on the south side of East McKinney, approximately 635' west of Woodrow. Surrounding land uses - include SF-7 on the north and west, vacant MF-1 to the south, and Light Industrial to the east. The property is located in a low intensity area. No pavement improvements to McKinney will be required because it is a stale highway but n sidewalk will be required along the frontage. No additional driveways will be permitted. The property may share the existing drive with the correctional facilities onto McKinney Street. Utilities to the site are adequate. Drainage improvements will be required. A pipe system will need to be installed through the property according to the master drainage plan. The pipe system is to be designed for a 10 year storm with a 100-year overflow on top of the ground. The system may be discharged into the existing detention pond if it is still operable, 't'here is some flexibility in the location of the storm sewer. The landscape ordinance will apply to this site at the building permit stage. On April 22, 1960, the City Council approved , the rezoning of this tract of hand from the SF-7 district to the MF-1 district (Z-1049). The property was never developed. The property is immediately west of the Denton County correctional facility on Woodrow Lane. The request is for the purpose of locating government offices and court rooms closer to the correctional institution. Governmental buildings/properties are treated a hit differently than most land uses. According to John Mixon, Texas Municipal Zonkv Law, the courts have stated that cities must look at "reasonable' use the land. Staffhas worked with the applicant on a list of permitted uses. The applicant has requested that only the following be allowed uses on this tract; L Correctional facilities with approved Specific Use Permit. 2. Public building, shop, y[urd of local, state, or federal government. 31 Offices, professional and administrative. Because the thole of permhted uses has been n<urowed down to these specific categories and correctional facilities would have to obtain a specific use permit to 41 'h I i. III ALL00162 ATTACHMENT 5 Pgonda No. N Agenda 14pm ~ S R11p _ ~ :Z.~ ~~z , ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING A SPECIFIC USE PERMIT FOR A MINIATURE GOLF COURSE ON TWO ACRES OF LAND LOCATED ON THE SOUTH SIDE OF EAST MCKINNEY, NEAR ITS INTERSECTION WITH CARDINAL LANE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. s WHEREAS, by Ordinance No. 89-028, the City Council granted a Specific Use Permit (No. 198) for a miniature golf course on two acres of land located on the south side of East McKinney, near its intersection with cardinal Lane; and WHEREAS, Putt Putt Golf has applied for an amendment to the Specific Use Permit to construct baseball batting cages; and WHEREAS, on February 13, 1992, the Planning and Zoning Com- mission recommended approval of the proposed amendment; and WHEREAS, in accordance with Division 4 of Article III of Chapter 35 of the Code of Ordinances, the City Council has found that all the following conditions exist as to the amended permit: 1. That the use will be compatible with and not injurious to the use and enjoyment of other property, nor signifi- cantly diminish or impair property values within the im- mediate vicinity; 2. That the establishment of the use will not impede the orderly development or improvement of surrounding vacant property; 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; 4. That the design, location, and arrangement of all driveways and parkinc• spaces provide for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration, if any; 6. That directional lighting, if any, will be provided so as not to disturb or adversely affect neighboring proper- ties; and iS : H s Agenda No. --692 Agenda dom les Dale 7, That there is sufficient landscaping and screening to C/ ensure harmony and compatibility with adjacent properties; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the Specific Use Permit approved by ordinance No. 89-028 is amended by the adoption of a new Exhibit B site plan, attached to this ordinance and incorporated herein by reference. SECTION II. That a copy of this ordinance shall be attached to a ordinance No, 89-028, to show the amendment herein made. SECTIO14 III. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2000. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION IV. That this ordinance shall become effective fourteen (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 newspaper of the city of Denton, Texas, within ton (10) days of the date of its passage. PASSED AND APPROVED this the day of , 1992. BOB CASTLEBERRY, MAYOR , ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY C r i i PAGE 22 ~Y 4 Y K LHI 11 L IT =0 COCITY COUNCIL % 00oo0~~Q~o~00 o~DO o0 e o oa° ` o Q MT: ~p~~d NOGGa~~~~o 1f_ ~ u U AQonda No.~ CITY COUNCIL REPORT FORMAT Aflendaltem TO: Mayor and Members of the City Council Dalo----ge3 FROM: Lloyd V. Harrell, City Manager C'SUBJECT: Approval of a. tax refund to First Gibralter Bank FSB RECOMMENDATION: a The Tax Department has received a supplement from the Appraisal. District for 1991 reducing the appraised value of personal property owned by First Gibralter Bank FSB, thus reducing the tax they owed in 1991. First Gibralter Bank FSB is due an automatic refund which the Tax Technician SUMMARY: recommends. Chapter 31,1.1 of the Texas Property Tax Code requires the approval. of the governing body of the taxing unit for refunds in excess of $ 500,00. First Gibralter Dank is due an automatic refund of $ 801,14 on City Account # 900728 dtie to a reduced appraised value in 1991, BACKGROUND: First Gibralter Bank paid their taxes in fall on January 31, 1992. Thus a supplement causing a reduction in appraised value reduced the taxes due for 1991. This reduction in taxes warrents an automatic refund of $ 801.14 due to First Gibralter Dank FSD. PROGRAbIS~DEPARTMENTS OR GROUPS AFFECTi:D: The Tax Department; and the tax account of First Gibralter Bank FSI3, FISCAL IMPACT: $ 801.14 SUB .I 6D: re *Manager Prepared by. Name Vic Schneider Title Tax Tochnician Approved: Name ]iarl - f f.e -so I Title '1'r- rer < 2633C/3 i i, t n ♦ r S11PPLt^'.LNIAL UOLL uti PR1Ntf01 111/17/42 09158AM 1 clir NF 144109 (COST YEAR 1991 PAGE - - - TSAtr rA711 EXEMPDONS VALUES IAX A0.10041 PAi _ _ PROPERTY TAX ROLL for: --(AL OWNER NAME AND ADURESS PROPERTY pCSCRIPTION AMOUNT TY AMOUAMOUNT P#_1_- P900671 731) A**A* CURRE$ *A** L05 10t ERS001AL ILUIAA SAVINGS 9 LOA BUN AL $ 3200RECEIPT M FIRST G LIAR BANK F5µ OFF ICE 6 UN[YERSITY 9E99ED S 3200TAX f 16 AT 1 71 F.Pt N, DENIU6 0 1 Irv ~'~l 1925 MN CARPENTER FRO SIIUSt 4Y UR N %ABLE 3 320 1RV1 IX 15063 O:~qzs **AA* PREV **AA ENI3TIE9cost E05 A9SE89Er f 62 EIPT M 71 TOTAL EX 3 TAX 429,67 SUPP CUOEST GR D TAXABLE f ARN 0910IN CORRECTE to%ABLE f 061 1-204rS9 P9U0778 , (161137) r COf - IUtT P£RSUNAL•PNOPERtY - 0r••. #AAAA .{100692VALYEe *A*A* FIRST GIBRALTAR BANK FSB OFfICE/FURNITURE 9 FIXTURES PERfONAL f 300012 RECEIPT N 23437 ATINt TAX DEPT LOCATION$ 1051 1-35E S, UENTON ASSESSED 3 300092 TOTAL TAX $206016 1925 N JUMN CARPENTER FRMY SITUSt 1651 135E S ABLE I 300092 IRWINCI TX 15065 ENTITIE31 GOl# 505, COS, E05 AA*** PV10U VALUES *AAA A93[33£U 3 14 I#tl}1 RECEIPT N 769 SUPP CODEt PG - PROTEST GRANTED TOTAL EX 3 1470031 TOTAL TAX 31,001.31 AR8 691011007 CURRLCIEO VALUE *AAAA GAIN U LOSS TAXABLE 3 -116x939 TOTAL TAX 1-801415 ...r.r....... .........w.. .r.. 0---- 0504371 9311) CURRENT VALU **AA* L09 lUl LAKEOUOD LST SPACE 250 MH OORAU, ALES SERIAL 0 tE)( 0723 6 0420724 HS 1 50050 IMP 6 f 29#131 ECEIPT N 2349 3939 I EY LANG LOT 25 OA % 20,000 AS ED 3 200131 AL-TAk 326, DENTUI K 76205 ENtlT1ESl 0 8050 Cos, EUS TOT 1250000 1 LE 3 40131 SUPP COOEt CHANCE + AAAA• PREVIDU E6 m m L OA,EXEMPI INCREASED 11 ESSED I 29x131 RECEIPT N T n TAL'EX 1 240000 TOTAL TAX 15 XABLE. 3 Sr131 o 1V *AA** GAIN LO83 *AA** TAXABLE I -100 TOTAL TAX 6.SS rr ..r .r............• r..~.. ......r..r.-.o ra..r.rr..... 23816 (127291) CUR VALUES A***r 05 101 LAKE EST HHP# SPAC r HR ~J 000 IMPA HS I MEN, AUSTIN SER A tEX RA001192 42 HS 5 3939 IEASLEY LAN OA 3 ,000 ASSESSED 3 3 00 TOTAL TAX N 102006 BOX 52 EN IM OOlr 9050 0 Cos TUT 0000 TAXABLE I 00 ULN1UNr IX 76 fR1 72190 CODEI C - CHA a**** EVIOU VALUES A* XEHPIIUN INCR D A98648E0 39 400 NEC[ N 213 TOTAL C% 24#000 TOTAL 3106*93 TAXABLE 1S0900 * GAIN 0 LOSS A TAXAS $ -10000 T TAX 3-60 ...rrrwr-.-rr rw....ru rrr-rr.rrr+r..r• ......r..o ..r.. -wrr..r -rr..r 077 +or. (70 . , , , 1 i 1 A 1 1 7 Y. REPORT F10R05DV 02/20/92 All le;40 `-i L V E R P A Y N E N 7 5 ACCOUNT NO, RECEIPT NO, ! 1072400000 9 NAME EAS OJ669E00000 91 04%03-0.746 CARSTARPHENr 6 0529 MCGRIII JOE [ETA STATLS CF PAYMENT M S LAOCCUUpSET SS ST ANCUNT 03007900000 91/01/06-O1{4 BRADY. J 7 - --03499500000 91[04/06-0270 HENOERSGN YilllE EVS fKMY - - 3gE,36 - ' CVERFAY_-- 028t6A00000 91 /Oq/07-0394 M 00 HOMER 6 JUNG LN 34.26 CVEAPAY 02196400000 91/04[08-0184 COUNAALO, STEVE T FRY ST 2]•20 CVEpPAV 02166600000 91/04/08-0490 PLATT, ROSE MARIE ECTCF ST O.OJ CVERFAY 03969100000 4 /04/ 9- 6 --JUSTUS. DONALD BILL _ N ICCD ST 231.12 CVEFFAY 2960'00000 91/04/00-0160 EMERSCNr BARTUM0 C SUN .VALLEY OR 0.40 CVERFAY 03192900000 9t/04/19-0165 SCHAFER A b HICKCRV -112 296-•90.CVEpFAY..- _ .43192300000.91/04/10-0196 NTHCNY E GOLF CT 676.40 CVERFAY 62007400000 91/04It0-0199 SCMUELER.~pAUL E LA PALCMA OR {96.04 CVEFPAY (1496900000 91/04/10-020q OUTHR IE, JPNICE L - III _ 0.01 CVERPAy 00~3j0~pp636pp0QQ00~0~ qq0 91/04/10-00210 SUFFRQN* PAUL R F fCiO RCN cf_ --6.06-C-VERI!AY_. 0209SSOd1Op 91jOjif0-0224 pulepS._.t4AR 0.01 CVERFAY 5 TYI[O9 LN 0.01 CVERFA t. JQHN ~0l629000000 91[04/10-0230 MiS ST ARRETTr pOBER'f M 03239300000 91,004110-0231 REED. STANTLEY 9A~RLE'1' 3 _ _ OONI CVERPA ___~042Otl00000 91/040,10-0349 PA"i A S9 E•eE E 2946800000 91/0{/l0-OJ5 OAVHr.AJIT'-- ELUEBFU CIP 0. 1 OVERPAY 14572000000 91/04/10-0361 KTEINCL. M[CH/rEL 1 - - - PARKSI06 OF 0001 CVERFAY S IC 12053600000 91/04/15-013 IAUS[NG, JAMES C IJ CU LN 671*10.CVERFAV.. - ----.026130 0000.91.104/ 2 KENNEYr LARPY G GRANT TRID 466,!3 CVEFFAY FKbY 1T-0021 S 908708 0000 91%04/ 1-0094 - IMS. DICA SYSTEMS tlA YSTEMSH..BRONSTAD FGpFESTRGE D 1204.47 CVEFFAY 90279200000 91/04/23-0181 G E VILLAGE 1-35 E ST .06CVERFAY 03307000000 91[04[24-0065 THE ETHEL *CUMOAY 1-36 - -N30095 CVEAP! Y -_.--02927800000.. 911040,21-0177ANDUEHLkSTEVENaG. Is UNIVERSITY 0 G. 96.20 CVEAPAY 02209100000 91/04/x7-0344 SMITH. MARY L OUNCAN AV 106.04 CVERPAYr 02060600000 9L/04031-0690 CRESOL AYE. 0 03224000000 91 CH ISM. JUE A - CRESCENT ST 350r.4.C.YERP_Y_._ /05/03-01 ~1~7 bUAROUGHS MARK A DEANAAC ST 2!0.07 CVEFPAY ' 51) 111 11 y "400728 000 9 /0 / 4-D01 FIRST GiBAALTAR 5 NIX FS SKYLARK OR 2 0.92 CVERFAY F 1 111 Jill, 1111111 3 .77 CVEAPAY 1-111,111 111711 1 1 162900000 91.0 11 4- 193 AUGUILAR• GLENN E S 1- C z CYRQ, 1425310000091[05[04-0194._L1U..CALE6 C. K eot t. 1V7J6000000 91 09/0E-0140 HAHANC,rS STEPHEN S - BRCCNLAKE b 94.40 CVERPfY BROOKLAKt Y 11751200000 91/09/04-0197 UT1ONC-QOASEKI, R 6RCCKLAKE 1 1E0712 QONO 41[05/04-020,g_MCCIAfH. lJDliH A4SALINE IEStVIEb TF yyyyE Y 2116080 20 00 0 91[05/04-0446 DEPOSIT I 4 BRIOGE 6ANk N A CRESTMEAOCI S7 6E9.15 R UPPAAY 105242000 9!/05/05.0279 WILLIAMS, M E J1~ 9AT$HCUAR.F.CFT RIO 7._O Lp ~ 0*r6OF CVEAY ----.029910O00000 01/05/05-0J26 JOHANSE N, BETTYRA 560 CVAY.._.,. 0348e6 0000 91[05/05-0456 M1LL1AN5, W E TEXAS ST .80 CVERFAY III 03366400000 9l /OS/05-04b9 RAY2pR INV LTD - ---N ST ST 40.60 CVEEFPAY 03367100000 91/09/05-0476 RAYlOF [NV LTD SHERMV AN an ERSIIY D O•E0 CVERFSV 1110 0Do0.91/0 0,05-0464 RAVIOR__lti1+_LLO._-- - 6 CVEFPAY 91039000000 91/00/05-0608ACME AUCTIONS INC 16771 00000 91/05/06- ~ UNIVERSITY 0 0 . 0'00 CVEFFAY 0 0609 ACME AUCTION INC 90108 00000 91/06/ _ t1-0003 LEV[S. TERRY V, ATTY E 0$-~~'O-q--EY~FPFIf FIF - ----.....021.96600000 91/0.5/11-0013 ADAMS. JONN.H_. N ST OENTON EFF S1 T NCKIANEY ST .01 C V EpPAV - - 0.10 CVEAPAY n JIM A W 3 CITY COUNCIL 9 A Qooooooaoaoooo~pppoD, q u xa dd e~ ~ O'r ~OOOp a .v , S e ~O~v p~~'CCOGG'J~~~ _ ti w f; ti CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council ~ondaNo. //1~~ la0 xganda Itonm FROM: Lloyd V. Harrell, City Manager Dam' 3 z~ SUBJECT: Approval of a tax refund to Teresa Hayes P, RECOMMENDATION: The Tax Department has received it supplement from the Appraisal District for 1991 maki_n8 a correction to the appraised value based on n protest by • Teresa Hayes reducing the tax she owed 111 1991. Ms. Hayes is due an automatic refund which the Tax Technician recommends. SUMMARY: Chapter 31.11 oi' the Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds in excess of $ 500.00. Teresa Hayes is due an automatic refund of $ 1,708.P.1 on City Account 036843 due to it reduced appraised vn.lue in 1991, BACKGROUND: Teresa Hayes paid her 1991 tax in full. on December 9, 1991. Thus it supplement causing a reduction in appraised value reduced the taxes dva for 1991, This reduction in taxes warrants an automatic refund of $ 1 708.21 due to Teresa Hayes, PROGtRAMS, DEPARTMENTS OR GROUPS AFFECTED: The Tax Department and the tax account of Teresa Hayes. FISCAL. IMPACT: $ 1,708,21 P FU LY Sl ITTED: JL1 y ar rell l City Manager Prepared by: Name Vic SC-11110der Title Tax Technician Approved: / Name Har." l efferson 'ritle T surer 2433C/3 f a,1~1'LL~iLNI A L RLILL ti'4 PROPERTY TAX ROLL for: DE"III I,IIY IC09) YEAR 19y1 PI+IIrEol 12/181,41 ohobPK PAGE OWNERNAME AND AUUIIIESS PROPERHOESCRIP110N EXEMPTIONS VALUES - TAX 199E TYPE AMOUNT TYPE AMOUNT AMOUNT AMOUN 1301143 (2,4733) t lol 044000404 Ant96A ONPI-CNN, [PACT 112, ACHES a*AkR CURRENT VALUES X AY)_5, IEHESA 0,9063, uL0 DCAU tR H LAND NHS S 89x021 RECEIPT M 23414 u20: •)AP11AYK 51rJ31 1.N39 11 LOCUST IMPR NHS S 262054A TOTAL TAX 32,408,60 SAN uNIuNIU, IA 7U2.3Li ASSESSED T 351x569 LNTI11[3: .011 5051 0051 EU5 TAXABLE F 351,569 t SUPP CBUEt C - CHAIIGE RRkkk PRE.VIQU VALUES **Ak C(IRRECIEU VALUE ASSE83ED S 600,906 RECEIPT M 23215 TOTAL EX E A TOTAL TAX $4,116.91 i TAXABLE 1 600,906 I *4*AA GAIN U LOSS *A##A ' TAXABLE E -249,337 'TOTAL TAX 3-1,708.21 w - ------------Y------ _ . w-.._ ..r..Y..Iw . ----.I0...0.. _ _ _ 63,4525 cs53 COS Ini 9711 01 All A. III rE, TRACT 10 CRF-S C ENT VALUES ##*AA - ' UNIU1+ uIL L OF CA. 17, , ULO DCAU tR IA(I LAND NNS J 6 495 RECEIP 23416 ATTN: TAX r 91 1 642v 135 IHPR NHS 5 7 ,260 TOTAL TA 101425,54 P U H0A 45 'ASSESSED Slr ,755 HUUSIIINr T7710°4551 E TIES: GAIT 905, CUs 05 ARABLE .511 ,755 `r P ConI C11GA9R - ~ RRAa* EVfOU VALUES R U A91019536 PREVIUUS V "S DU Of EXIST F NIS ITEM R*RRk GAIN 11 LOBS TAXABLE 21+755 TOTA AX S10r425.54 -w 8224 (276424) LU5 123400u10o URE.itN(IUD, OLUCK M UT 1 Akk CURRENT VALUt:8 AAA MI r WILLIAM H Ill g1TU9! 2402 9HENW LN S 5',000 LANO H9 16,538 R IPT N 23417 24 SHERWUUU S, 000 IMPR Hg D 54,647 TOT TAX 3453x43 1M1 TA 76201 EFiirT[E5S GOl1 90 CUSr F05 A99ESSE 11x195 SUPP CUDF-i C - NGE TAXABLE 66x185 ADDED HIS LXLPIPI 'aU9!'C[ k A PREVIOU VAL. ***A ~~IY 99ES8 E Notes ECEIPt N 8690 TOTAL S 0 1AL TAX $481,69 tAXAB S 71,185 a** GAIN 0 #AAA* _ 1AXA b -5,000 TOTAL TAX $-34 2 - _ . ..w-r . ~ +125653 ( 199111) o yCUS lDi 636041100 CARROLL PA , HLOCK 101 UII S CURRENT UES 40*** S 1A;t3LY, MANY LUIS 11/467/1/ UEAUKUPif Al5 31 HS 1 51000 LA NS D 11,475 RECEIPT M 23 1024 C"i I g11U3t f CUIt DA R 19,000 1 HS ti 27,016 TOTAL TAX $9 6 ULiIuN, 1X 7320 1U1 S 24,000 A SSED b 38x491 AJ P..NIITIE GUI, 505, COs, EU5 FRZ79 10.00 ARLE R 14:49 I SUPP C i C - CHANGE A*k## PREVI VALUES AA** HEAPP U EXEHPIIONS 8 F-I(EL e1 V Y SSE$SEO 3 38:4 RECEIPT N 9 8 TOTAL EX T TOTAL TAX 3.70 W 7 TAXABLE S 38 1 l r~`A'7+~"+✓1 O` RA*k. I) LOSS *A*R* rnvn 11 i a REFDFT FI 0n95UT1 02/97/9" AT 19156 C V L P P A V M E N T S PAGE J 1 4CCDUNT NC. R[.CAIPT NO. NAME ADDRESS AMCUNT STATLS OF PAYMENT w117f70111I 91/50/?1-9043 C4P1+rNTE. f`r PICKY FMLEDOM LN 0.01 CVERFAY '11^619000'1 97/i 9/27-JC4'i NAMIRLLI lU1S FCHT MCRTH 0 ? 0.10 CYEFFAY o^na4700903 91119/24-9917 CORLEY, MICHAEL S OAKMCCC DR O,OI (VERFAV 03Y'24AF~') 90/I 1/91-0 n34 FORD, NM R CTAL SCRIPTURE ST 0.03 CYEFFAY / 0P01H590000 .00/11/96-(1902 TAYLOR. HEULAI• G ELAN 31 0.74 CVERFAV 0?021600000 1-)/12/94-0912 SVEATMAN. C J JR NEVTCN 51 0,89 [VEAPAY 02^P ODD1 n17 9)/12/26-1901 PAYTON, GARY M E YINDSOR ST 0.01 CVERFAV 0?479300000 ?1101/01-0909 FIRST ML'STN NATL UK-CARROLLTCN SHADY CAKS OR 9.61 CVEAPAY 1156001911O0 71 bS/15-0006 BRANDT, GARY S 0.4YHILL #225 0.0E CVERFAV 0?-101599000 )1/0 11 ?8-0027 IIOLLU%AY. PATRICK H ENE+:SCN LN 0•EO CYEFFAY 1112-)4 A w110IN 9I/OI/!9-00,55 RE-SE 1NV INC Y UNIVERSI IY 0 10.62 CVERFAY 01)4;+90000) 01/0^./17-1092 GNELNRIEI.O, TERRILL D WILL FLNO 51 34.2E CVERPAY t026 M100001) v1/02/10-0094 ST9TTLEMYRE, ALAN WELLINGTON OR 67600 CVERFAV 1460790000-) 91/02/18-0095 DENTON, TERRY A TARTAN CIR 34.2E CVERPAY OP34t000000 11/03/18-0104 PLRLZ, LLD FORT WCRTH 012 0.20 CVEAFAY 09690400000 91/0?/19-0001 THPANE• DAVID FOCKRUS # 74 R 0.71 CVEAFAY 024`^400000 9I/11/01-0113 ANTHONY. ELSfe B CAVIS ET 25.61 CVERPAY 0?76EB00001 9t/02/?2-0059 LANOEPS. JOE LEE RUTH ST J4.2E CVERPAY 02490111001 711"/25-00)0 OLMUN, LOUISE MI6GC FO 0.27 CVERPAY 0.7(,?6100000 91/V 1/25-0024 MCDAOE, '4ILLIE MAE HODGE INDUSTRIAL ST 1.00 CVERFAY 07501900001 91/02/27-901-) VEINDERG, STEPhEN TIMBEACREEN Cl 3442E CVERPAY 104?6000000 91/13/06-0112 DAVE. AJIT PARKSIDE DR 32.7E CVERPAY 4326420)101 91/OJ/09-0046 NCTD. MARTIN ETU% PEARL FL 12.00 CVERFAV 024n0749000 91/07/99-0103 BANnu CC1, DANIEL E F0XCI; OFI C10 34.2E CVERPAY fr 0235f9~1111 91 M 3/10-0001 DOSTEP, JOSEPH A I! MINOSCR ST 0430 CVEAPAY 03?6610009) 91/03/12-0072 KINOHICK. ROY L JAS PAVELKA YESIYAV ST 0.01 CVERFAV 094173C1090 71 /J 7/16-00')9 THLOOCRE. BILL BULL RUN $1 3247! CVERPAY 028?4600000 9t/03/19-0017 GLENN, ROBERT J GUADALLPE FL 177.01 CVEAPAY 02520000000 91/03/19-0037 LANEY, JAMES 0 hEADLt'E ST 34.2E CVERFAY 02793900000 91/03/19-0035 VILLAHUEVA, BFALEY WITHERS ST 11i.27 CVEAPAY 51079609090 91/07/19-0043 GOUGH, DON TEASLEY # 89 L 34.22 CVERPAY 03353E00000 91/03/19-0065 STORRIE, JAMES OAKLAND -1511 64.5E CYEFFAY w»lwnnw 09 9)i 101149 0060 FAITW, KI`1044T41~~- AVA 016+1A3)1104 9141 -024 II AY r5 TERESA - 08*21 CVlRP-AY N LOCUST S1 1,708.21 CVERPAY 1 7 i- 6 M A7008E1)091 91/91/20-0031 KRAUSE,,J D DRCAOVAY $I 34.2E CVERFAV 02135600000 91/01/20+0039 LATHEN, MARY SIMMCNS ST 34,2E CVERPAY 12458300009 71/01/23-9149 LINDSEY, JEANETTE PANHANDLE ST O,OE CVERPAY 02846700000 91113/?3-0160 CRAIG. MICHAEL L. HUISACHE 51 34.2E CVEAFAY M2438?000)0 91/1) 3/?3-0163 OLIVER, MAURICE L. JAMESTCVN LN 34,2E CVERFAY 074A1+09000 71/03/23-0164 )TARDY, CItFCRC A JR L LSNCA M HIOMLANO PARK 34,2E CVEAPAY 90111000000 ?1/91/.7-00)6 AUHURN INN S 1-355 26549473 CVERFAV 671;17900000 91/U!/27-0389 TFAPP, RUSSELL 41INOFIELDS ST 075% qI 00(100 )1/03/27-0.190 ALSUP, 0ON G RUSSELL TRAPP MINUFIELOS ST 93.5E CYEFFAY OT318240900 ^1/03127-0391 ALSUP, RON D13A ROCKING A ENT VIhOPtELD3 ST 53 615 cVEAPAY 10132109100 ?1/03/27-0527 ROHN, 13A1AN 5 CHRiSTCPHEF DR 34.20 CVEAPAY 025651000)1 91/93/27-0535 MASSEY, MARY LOTS Coll SI 02096300000 91/03/30-0017 TRESTER. JANICE 6,0E CVERFAV 612799000-)0 91/07/30.0189 CLAMPITTr LPSLIE H 1)ALDIIIN ST 0.01 CVERPAY 02991f00000 91/03/?0-0799 CRAn ER, JEANNINE C kE UNI AEaVEASI51 D 0.20 CVERPAY 025551A0001 11/OS/7G-0678 ifUNT, STEVEN NEADLOL EE S 7 32,7E CVERPAY ST 34,25 CVERPAY (1.040?00040 11/070031-0446 FRANKLIN, WILLIAM N C[FCNADQ CF 74.2E CYERP AY b y w IU qy O ~x m to A 4 tiM w vii l~ N CITY COUNCIL' A L A ooooga~aQO o000 - _ O~O 'l F,Y vQQ .i. QO 0 C7 r_' _ 7 ` ~ QQQOOO~:u ~1~b~U~oo w:. t -4- 414 4 1 r ,r Agenda Item IA?le DATE1 03/03/92 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FRCMt Lloyd V. Harrell, City Manager SUBJECTt Preliminary Plat of the A. Goldfield Addition; Dote 1 and 2, Block A RECOMMENDATIONI The Planninq and Zoning commission recommended approval 3-1 at its meeting of sebruary 26, 1992. kd' SUMMARYs The 6.427 acre site Is accessed by Southmont Drive, and lies between Carmel and Pennsylvania Drives. There is currently one residential structure on the land; a second residence is proposed, one of the two public improvement proposed is a fire hydrant along the east property line. The fire hydrant shown and the drive provide for adequate fire protection, Fire hydrant distance to the existing structure, the converted barn, is as good as the worst spacing currently provided on Montecito, and about equal to the hydrant spacing to the home south and adjacent to the proposed plat. The new residence will front on a public cul-de-sac. BACYGROUNDt City services and facilities, including water, gas, sanitary sewer, telephone, electrical, and solid waste, are available. The current zoning is Agriculture (A). The application for planned duvelopment zoning has been withdrawn. w The plat conforms to the minimum requirements of the Subdivision and Land Development Regulations; Chapter 34 of the Code of ordinances. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED$ Fire and Engineering Departments. C x i~ C' R Aoonda No. Agonda Itom S C Date CC Formats Goldfield Addition March 3, 1992 v FISCAL IMPACTt N/A R e 11 s it t Prepar ys r to V. Harrell fl. City Manager G. Owen Yost ASLA Urban Planner I ApproVj, , Fran Robbins, AICP Executive Director Planning and Development A AXXOOOFI Page 2 C_ tiff r ATTACHMENT 1 Aganda No. _ La _ nil Agonda Ilom 1 5#c C P-92-001 Goldfield wig NORTH YY I IYY■ ~ + H ~ y~ r'ttr r~sr ,fit L"KMT UYLAMC OMrF _ Tf110pp ONrL Gr 1 y \~7 s u O,wm v OIL s oe t cl. v~ I QOPT z si MT 0 MO ROITO 1 1RIST RIO p~A G ' ,I G mcam Iau1o Isis a1, EL PA EO LL E `0y, 4 SITE 0 RYAN ti DATE: 12/27/91 SCALE: NONE 3. v. I r (jt f ATTACHMENT $ Aganda vo, Ga " e D Agenda (lem P-92-001 Goldfield Date 37 NORTH 'S4S.EY -pr,E f TK"t 20' ORNK10_E CAS£HLY7- LOT 1, BLOCK A. DENTON CATHOLIC AWN. - Sti4I,Aar _ CAD, " 100 P.R, SEW'. CSy N" 3 ZONED A (C (CI{URCN USE) 5 89'SJ'tY E St6.J9' P.0.9. XI ALAN N. M)FIEl0, at uc Qw a•o d d8427 ACRES ZONED A) \ ma E v 2908/P 534 Yn~, } LXST. GAZE o O u' NEW PU9LC ST. ROW ~ w = tA t 10 CT 2 (PROPOSED) ,Ap y p o N F, a vrN T 6 /fir. 'CO'Y SO' w `,/ib A .11d • / LOT rs~~ ~,o S /(PROPOSED) ,i N 89'53'10' W 470.89' a~J!C} nG 2 6 ? O, ROY D. KINCRCK, at ux o~ Z " a N Jo~q ZONED A w o~o~ J ~(RESIDENTIAL USE) 4s_n ~~1 1 N le rl 65 ~ 6' . AO' Eow' T 5 Ma 006. 1 1E 1 NORp6a~6 Oa. ! ,~y , `K4' 82E r,~ONEUy 0561 k0.006Ny e PRELIMINARY PLAT DATE: 2120/92 SCALE; NONE 4. t ii I r.c„s r I D A ZZ.-I- ~ Ac~onda Ilem_ MINUTES into Planning and Zoning Commission J L February 26, 1992 The regular meeting of the Planning and Zoning Commission of the City of Denton, Texas, was held on Wednesday, February 26, 1992, at 5:00 p.m. in the Council Chambers of City Hall, 215 East McKinney. Present: Jim Engelbrecht, Ivan Glasscock, Judd Holt, Mary Evelyn Huey, and William Kamman Absent: Roy Appleton III and Fran Morgan Present from Staff: Frank Robbins, Executive Director for Planning and Development; Owen Yost, Urban Planner; Joe Morris, Assistant City Attorney; David Salmon, Engineering; Gerald Cosgrove, Water/Wastewater; Kathy Dubose, Finance; Corrie Gil, Finance; and Olivia Carson, Secretary Chairman Holt called the meeting to order. 1, Minutes It was moved by Mr. Kamman, seconded by Mr. Glasscock, and unanimously carried (4.0) to approve the minutes of the January 22, 1992 meeting. Motion was made by Mr. Glasscock, seconded by Mr. Kamman, and unanimously carried (4-0). 11. Consent Agenda T1.-Mr, Kamman asked about the zoning case for the Goldfield plat. Mr. Robbins explained that the zoning case was to allow for a private street. The plat now shows a public street. There will be no gate across the cul-de-sac. The plat meets City specifications and is in necordance. with the Subdivision Regulations for an agriculture district, The house location will be shown on the building plans. The owners may locate it wherever they wish as long as it meets the required setback standards for the agriculture district. The location of the house is not an issue that can be addressed by the plat. Plats must be approved as long as they meet regulations. Mr. Glasscock moved to approve the consent agenda as follows: a. The preliminary plat of 67.925 acres of previously unplatted land into the \ Estates of Forrestridge Addition, Sections 1, 11, and III. c tiR k J S. Agenda No, Agenda ltont 'es -eye, ,J P&Z ay 26, Minutes ~ February 26, 1992 Page 2 b. The preliminary plat of 19.8 acres of unplalted land into Lots 1 and 2, Block 1, of the Kern Personal Care Center Addition, C. The preliminary plat of lots 1 and 2, Block A of the A, Goldfield Addition, r f Motion was seconded by Mr. Kamman and carried (3-l), Ms. Huey voted no. Mr, Bngelbrecht arrived at the meeting. III, Consider approval of the final plat of Lot I, Block 1 of the Food Lion T-2 Addition from 4.116 acres of previously unplalted and, Staff Report; Mr. Yost stated that the 4.116 Acre tract is located on the southeast corner of Windsor Drive and Locust Street. Public improvements to he constructed by the developer include one on-site hydrant, one oft'-site fire hydrant, approximately 410 feet of concrete sidewalk, an off-site drainage pipe and a right-turn from Locust Street onto Windsor Drive. Five feet of right-of-way will be dedicated on Locust, A detention pond, with a capacity of 23,000 cubic feet, will be constructed on the southeast corner of the site. The current zoning is Planned Development and a detailed plan for a 32,000 square foot grocery store has been approved. The plat conforms to the minimum requirements of the Subdivision and Land Development Regulations; Chapter 34 of the Code of Ordinances, Mr. Kamman moved to approve the final plat of Lot 1, Block 1 of the Food Lion T-2 Addition. Motion was seconded by Mr, Gngelbrecht and unanimously enrried (5-0). C u 1 N 'e 1 ,y ~r Y 1 CITY COUNCIL r t E =IT A ill L♦ r .1 1 IT t OO~QpppOQQ pppdo~o = O ti C: O~UUUy r 0.14 , t e n0~.~~ 1 L j S x r 3 'r t Agnnda Agnnda ItemZ DATE f 0T/WS/'J1_-i CITY COUNCIL REPORT FORMAT TO= Mayor and Members of the City Council FROMf Lloyd V. Harrell, City Manager SUBJECTS Preliminary Plat of Lots 1 and 20 Block 11 of the Kern Personal Care Center. RECOMMENDATIONI The Planning and Zoning commission recommded approval 3-1 at its February 26, 1992 meeting. SU Yf The 19.86 acre tract is located on the east Bide of Hinkle Drive, approximately 400 feet north of its intersection with University Drive. Currently, the land is vacant, and a retirement center is planned for Lot 1. Public improvements include four fire hydrants. BACKOROUNDf The land Is vacant and is currently zoned SF-16. The applicant has received a Specific Use Permit for a retirement center on Lot 1, and has no immediate plans for developing Lot 21 which remains zoned single-family. City services and facilities, including water, gas, sanitary sewer., telephone, electrical, and solid waste, are available or planned for. The final plat of this item cannot be reviewed until a Conditional Letter of Map Revision is received from F.E,M.A. adjusting the flood , plain. The pplat to the minimum Chapter 34 of the Codeeofu Land ordinances. PR00RAM5, DEPARTMENTS OR GROUPS AFFECTED, N/A C r } Agenda No. _ I~ CMG' Aganda Itam CC Formate Kern Personal Care March 3 p 1992 v5 j~ FISCAL IMPACTi An increase in the tax base of the City of Dento r Reepe ully subm edj Prep t o . Harrell 1 City Manager ~ 0. Owen Yost ASLA 4 Urban Planner Approved Frank H. R i s, kCCPP Executive Director Planning and Development AXXOOOF2 1 y, i t ATTACHMENT 1 AgandaW, Agenda itani 2 P-91-027 Kern t NORTH u ~A -1 lJ ,~qpy_ C~ A~~Qt'SJ21~I EPEASI An ENVlEI i''~ a oaaR r '"t ALLMEA OW IR, ~ i \ ld ~I1 4 tiJ y_~'.. _~KE I 1 - 40K `t~t ~ ~ rMCA z wINGSDa 1a r SITE _j j ml loso L- i w WEAAQLEE 1`{ 111 wl ( J i~ I it -a f "1 z VAN 10 II`1 1 i- 1 - ` RATA DRIVE PC I ~1 gml Z 1 ORRIf E Y 1N_ETON CT. ~I I ICI ✓2~i BEEN 6RASA Ill ll 'I~ uI,M TULANE FAIRGROUTOS LLJ NdVR y 91~b ~c 4I'IDA ` J AM+ERs7 OR. LU 1 ` I u Y NSE,_ III Lr-',' 1 111 _ '1S ~►~~..1.-J~ a. _ KiESfg7C 111 •~i-if II~ 0L.' C ' i ='7 ti-•=~ T ~.EMCar ~I Il~~1\I -J EMERYP A-n~K--t a J,✓/ Ngv TGN RAT ORII `a^ f v7 b DATE: 11126191 SCALE: NONE, 1 it r ATTACHMENT 2 Adoada No, e) AgOnda Ilion), t' P-91-027 Kern - NORTH 9 OODD SAMARITAN 1181641 I M y i0Mf0 Pu I1IT 4 @ L t as S , 88' 31' 18" E 987,51 I RA' li r / \ \ Ill \ _ uu-)44 \ i1 \ {III io \ LOT 2 Iti' non sr. I 11 „ S VAfAR Pt'1fR KERN f n~ leotarJ+l t~ Lit e I E / 1 / / \9t\ `~L '\to1 t 1` TOTAL AREA M 8652? tfO / CD ~ ~ s ee• 4s 53 I 4,200, -4 CID T I IP I N `e FNE U[ r I aA1 o0•_._.. 1.____~ rJaa A211,596 s,I. ~•I~~ .r n I \ t IPM.4!!! ! It .e6 At. J l I + \ in Moo" IVACANT~ ~~i /F,911Y x! 10 n1 W, v 4{ryILN ` N !I! I inn. rwr,.4 or «welnY. iHU~Z\ Vl r0 IN C I ' ' ` .Hh_. 11M1,. Ic Cs S Oil rqh A 1 MIM IALIA\ f m I \ I YWL( U B (f y r .weo,r fir , \ J 88'45'53 W~ 'f 99389 lv.Z.t oiv t PRELIMINARY PLAT i DATE: 2/20/92 SCALE: NONE. r, ~s .G tffi{ i1 f a yf S " MINUTES Lb to Planning kind Zoning Commission February 26, 1992 The regular meeting of the Planning and Zoning Commission of the City of Denton, Texas, was held on Wednesday, February 26, 1992, at 5;00 p.m. in the Council Chambers of City Hall, 215 East McKinney. Present; Jim Engelbrecht, Ivan Glasscock, Judd Molt, Mary Evelyn Huey, and William Kamman Absent; Roy Appleton III and Fran Morgan Present from Staff, Frank Robbins, Executive INreclor for Planning and Development; Owen Yost, Urban Planner; Joe Morris, Assistant City Attorney; David Salmon, Engineering; Gerald Cosgrove, Water/Wastewater; Kathy Dubose, Finance; Corrie Gil, Finance; and Olivia Carson, Secretary Chairman Holt called the meeting to order, h Minutes It was moved by Mr, Karnntan, seconded by Mr. Glasscock, and unanimously carried (4.0) to approve the minutes of the January 22, 1992 meeting. Motion was made by Mr. Glasscock, seconded by Mr, Kamman, and unanimously carried (4-0), F-11, Consent Agenda Mr, Kamman asked about the zoning case for Ilse Goldfield plat, Mr, Robbins explained that the zoning case vs to allow for a private street. The plat now shows a public street. There will be no gale across the cul-de-sac, 'I fie plat meets City specifications and is in accordance with the Subdivision Regulations for an agriculture district. The house location will be shown on the building plans. The owners may locate it wherever they wish as long as it meets tine required setback standards for the agriculture district, 'T'ile location of the house is not an issue that can be addressed by the plat. Plats musl be approved as long as they meet regulations, Mr, Glasscock moved to approve the consent agenda as follows; ` III The preliminary plat of 67.928 acres of previously unplatted land into tike Estates of Forrestridge Addition, Sections I, 11, and III, f~ t O 7 Agenda No, ---Z' -el Itch t P&Z Minutes February 26, 1992 Page 2 b. The preliminary plat of 19.8 acres of unplatted land into Lots 1 and 2, Block 1, of the Kern Personal Care Center Addition. C. The preliminary plat of lots l and 2, Block A of the A. Goldfield Addition. Motion was seconded by Mr. Kamman and carried (3-1). Ms, lluey voted no. Mr. Engelbrecht arrived at the meeting. III. Consider approval of the final plat of Lot I, Block 1 of the Food Lion T-2 Addition from 4.116 acres of previously unplatted lend, Staff Report: Mr. Yost stated that the 4.116 acre tract is located on the southeast corner of Windsor Drive and Locust Street. Public improvements to he constructed by the developer include one on-site hydrant, one off-site fire hydrant, approximately 410 feet of concrete sidewalk, an off-site drainage pipe and a right-turn from Locust Street onto Windsor Drive. Five fect of right-of-way will be dedicated on Locust. A detention pond, with a capacity of 23,000 cubic feet, will be constructed on the southeast corner of the site. The current zoning is Planned Development and a detailed plan for a 32,000 square foot grocery store has been approved. The plat conforms to the minimum requirements of the Subdivision and Land Development Regulations; Chapter 34 of the Code of Ordinances. Mr. Kamman moved to approve the final plal of Lot 1, Block 1 of the food Lion T-2 Addition. Motion was seconded by Mr. 17ngelbrecht and unanimously carried (5-0). c` x CITY,. COUNCIL ti pip u lw. t + ~pQ00000 pp~ 1Q~OOOOQO O P O f Y A0 rpQ 4 ~ O a OO dF 0 O r LL 1111 f h 4 A{t da No.y-a ~DCJ Aganda item /(_~s "'%Yc NIO DDAATEt 03/03/92 CITY COUNCIL REPORT FORMAT TOS Mayor and Members of the City Council FROM, Lloyd V. Harrell, City Manager SUBJECT, Preliminary Plat of the Estates of Forrestridge, being a 67.928 tract of land. RECOMMENDATIONt The Planning and Zoning Commission at their February 26, 1992 meeting voted 3-1 to recommend approval, conditioned on the followings changing the section numbers, revising the lot/block designations, adjacent owners being identified, fire hydrant spacing being adequate, area regulations for SF-16 are adhered to, adequate general utility easements be shown, and proper easement designation be shown. SUMMARYs The 67.928 acre site is located immediately north of Ryan Road and is accessed by E1 Paseo Drive and Forrestridge Drive. Currently it is vacant, but is proposed for single family residential use. One hundred thirty-two (132) residential lots are proposed] 47 in the first section. The public improvements include approximately 12 acres of street right- of-way, sidewalk along both sides of all streets, and fire hydrants, water distribution lines, sewer collection lines, possibly off-site sewerage lift stations, drainage improvements, including a temporary detention pond, and electric utility easements. BACXOROUNDI The land is currently in the extraterritorial jurisdiction (ETJ) of Denton. However, the applicant has requested annexation of a 23.059 acre part. He has also requested zoning to SF-16, of the 23.059 acres. All lots will conform to the Zoning Ordinance, Section 35-91 (Area Regulations) which stipulates the minimum area, width and depth of SF-16 lots. City services and facilities, including water, gas, sanitary sewer, telephone, electrical, and solid waste, are planned for. The plat conforms to the minimum requirements of the subdivision and Land Development Regulati.o0s! Chapter 34 of the Code of ordinances. PROGRAMS DEPARTMENTS OR OROUPS AFFECTED, N/A t x r i c<ssp;,q '1k9 S Agenda No. Agenda join ope CC Format: Forrestridge Date 3 2 A March 3f 1992 l FISCAL IMPACT: I' An increase to the tax base of the City of Denton. Development of sections after the first section may require off-site improvement of the city's sewer collection system as some 9dV. se to the city. Reeplly sgbm ed: Prepare o Harrell C a City Manager a G. Owen Yost ASLA Urban Planner Approved: 00, Frank b ns, AICP Executive Director Planning and Development AXXDGOFO 4£ ATTACHMENT 1 q C~~ Aganda N0. Agenda Item Forrestridge Da 18 _ 3/,,5 - 2. NORTH cl~ U W GHVIEW F-- U 0 V) O :2 F tIM9ER~GREF.N CIR. No ~4 O RAE34 Rico, z ROLLING ISILLS CIR. PASEO OAK FORREST CP. o~ SE gASTVAN H PL, ffff GR, QAK -PRE5T CR, SANTIAGO W PL. S ANOE R S___ SITE P Y AN DATE: 9/12191 SCALE: NONE 3. r. Agonds No• 0 ATTACHMENT 9 Agenda Itam_-.,~-;~ P-92-003 Forrestridge %W -?F NORTH wau• PASEO DR. ,Kr- _ s<I+' 1-slr "a'°_ . , ' I II ilAU1 F 11 [f - 1 r~ ~ ~~I 1 I r- I ~3 1 `'i It n • No, 4 4 ..-:JJJ.~~IT I I~, ~J ' i III i1CK 1~ r~. •-1' ~w~rr~~ ' ' I •X'I j j' { NJ•I I' II _ • .r . V 1 1 OAK FORREST CR. r M `1 \ r.r(;i 1. I ~~dlT` i li. I 1 1 NO, • 1 r j M 1l 1 1 ' 1 a5 ell BLOCK iri • ,-12~.i il, Ila: n la 0 I v I 1 11 i i , A • `J,• u • • n • ~ i~ , L " I'I I' l~ I' qq N u{'t r/'1''/ 1 ~Ip;l`I II OAK FORREST CR, 'l It, H It IN it N ~l oe Im • lot " ` ' _ f r77'Oe' [ _112e/Y r "No ,M1 ~qq~_ W I„ , I Y q Lil ! ! r'/Yqf' w !1}011 1 i , N --.1 11 M M No 11 N `(Y W IN i I le II 11\w, -jr- i r*.0 1 „ 1 It ,II 1 1 'Ir H1? ~n.n~xacrrln--~ II X-15 1 ryl'rl s3' ` s lo.oi art • - If11R l!l7 1 1 IIII4.- 14 I I r 1 1 r. 1 l lliY K r rOra e. rrP- r'wiI I'' I y.r n I PKL It it I Val. ory "urt. b~fi~ ~ n u N y~ N II S 1 r .i~.~ n ~I. I r w 1 'F'' i 1~jq n 1 n BLOCK ' F 1 I\' u y N~ u u 11 a to 11ki INN l M y 44 It •_iIl 1L _ - _ 4 J, 1 _ ~~1 ~ H' Nl •YY - \ ~ I IW OGl it , • I 1 II 11 yr rr ~w W~1 M }t 1 1 7 -III "tN ll-'.Y '-^r11 I J IN I 1 11 H}yi rrR~GGI 1 ~_?1~q~ C ~`•~I. l~rM' • - ~ r wrrw. ' y1yI LG z t*~, r RYAN RD. < IQ .0 ~ Ct[IJ nll 101 IiNt 4.- N - DATE: 2120192 SCALE: NONE q S ~l !t T: Am Agenda le 5 MINUTES Q3ta _ Planning and Zoning Commission February 26, 1992 l/ The regular meeting of the Planning and Zoning Commission of the City of Denton, Texas, was held on Wednesday, February 26, 1992, at 5:00 p.m. in the Council Chambers of City Hall, 215 East McKinney, s Present: Jim Engelbrecht, Ivan Glasscock, Judd Holt, Mary Evelyn Huey, and William Kamman Absent: Roy Appleton III and Fran Morgan Present from Staff: Frank Robbins, Executive Director for Planning and Development; Owen Yost, Urban Planner; Joe Morris, Assistant City Attorney; David Salmon, Engineering; Gerald Cosgrove, Water/Wastewater; Kathy Dubose, Finance; Corrie Gil, Finance; and Olivia Carson, Secretary Chairman Holt called the meeting to order, 1. Minutes It was moved by Mr. Kamman, seconded by Mr. Glasscock, and unanimously carried (4.0) to approve the minutes of the January 22, 1992 meeting. Motion was made by Mr. Glasscock, seconded by Mr. Kamman, and unanimously carried (4-0). Consent Agenda U Mr. Kamman asked about the zoning case for the Goldfield plat. Mr. Robbins explained that the zoning case was to allow Nr a private street. The plat now shows a public street. 't'here will he no gate across the cul-de-sac, The plat meets City specifications and is in accordance with the Subdivision Regulations for an agriculture district. The house location will he shown on the building plans. The owners may locate it wherever they wish as long as it meets the required setback standards for the agriculture district. The location of the house is riot an issue that can be addressed by the plat. Plats must be approved as long as they meet regulations. Mr. Glasscock mm .A to approve the consent agenda as follows: a. The preliminary plat of 67.928 acres of previously unplatted land into the C/ Estates of Forrestridge Addition, Sections I, il, and III. c Agonda No, _ e2 9 `ego P&Z Minutes Agenda Item S #bl~- February 26, 1992 Page 2 b. The preliminary plat of 19.8 acres of unplatted land into Lots 1 and 2, Block 1, of the Kern Personal Care Center Addition, C. The preliminary plat of lots l and 2, Block A of the A. Goldfield Addition. Motion was seconded by Mr. Kamman and carried (3-1). Ms. Huey voted no. Mr. Engelbrecht arrived at the meeting. III. Consider approval of the final plat of Lot 1, Block I of the Food Lion T-2 Addition from 4.116 acres of previously unplatted land. Staff Report, Mr. Yost stated that the 4.116 acre tract is located on the southeast corner of Windsor Drive and Locust Street. Public improvements to be constructed by the developer include one on-site hydrant, one off-site fire hydrant, approximately 410 feet of concrete sidewalk, an off-site drainage pipe and a right-turn from Loc,ist Street onto Windsor Drive. Five feet of right-of-way will be dedicated on Locus,. A detention pond, with a capacity of 23,000 cubic feet, will be constructed on the southeast corner of the site. The current zoning is Planned Development and a detailed plan for a 32,000 square foot grocery store has been approved. The plat conforms to the minimum requirements of the Subdivision and Land Development Regulations; Chapter 34 of the Code of Ordinances, Mr. Kamman moved to approve the final plat of Lot 1, Block I of the Food Lion T-2 Addition. Motion was seconded by Mr. Engelbrecht and unanimously carried (5-0). C~ f r Yore-+.r~ L-. 1.. .....yam NITY COUNCIL a Yl^ ~ t t M ~ ~ A -µ1 i Q Q ~~~~~ppp r 6 o/ 11 A t5 ` 01 p C p~ Ju u.~Q., t~. 2651L-1/3689 NO. AN ORDINANCE. ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPE•IENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE? OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS) the City has solicited, received and tabulated competitive bids for the purchase of necessary materiels, equip- ment, supplies or services in accordance with the procedures of state law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest.reaponsible bids for the materials, equipment, supplies or services as shown in the "Bid 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 materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; SECTION I. That. the numbered items in the following numbered bids Fo-i. materials, equipment, supplies, or services, :shown in the "Bid Proposals" on file in the Office of the City's 'Purchasing Agent filed according to the bid number assigned thereto, arse hereby accepted and approved as being the lowest responsible bids for such items; BID ITEM NLMB114R NO. VENDOR AMOUNT _ 1324 _ `LWESCO~ $19,089.00 __1324 2 v_ CUMMINS } 5,595.00 _ T 1 24 3 VANTRAN 1,976_.00 1325 1 _ KONTAINE TRUCK # 3,287.00 1325 2 G & G TRUCK 2,607.00 1325 3FONTAINE TRUCK 257.00 1327 _ ALL MAIIANFY INTERNATIONAL__ _ ~k5.968.00 _ C 1330 1.3,4,6,8,1,1 ESTES _ FXIIIBIT A 1330 2,10,12,13 JUSTIN SEED --EXHIBIT A 1330. 5,7 LESCO a EXHIBIT A _ 1330 9 _ DEPORT PAMR_S_UPP_LY _ _EXHIBIT A _ 1332 1. PRIESTER SUPPLY $11,020.0 1332 2 _ POULINF $13,860.00 "IA i 7 I Agenda No. - Z Agenda Item SECTION 11. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION III. That should the City and persons submitting " approveTTancr-accepted items and of the submitted bids wish to enter into a formal written agreement as, a result of the acceptance, approval, and awarding, of the bids, the City Manager or his designated representative is hereby authorized to execute Amp the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related bid documents herein approved and accepted. SECTION IV. That by the acceptance and approval of the above numbers terns of the submitted bids the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective imme are y upon Us passage and approval. PASSED AND APPROVEL this day of _ j1992. BOB CASTLF,BERRY t MAYOR ATTEST: JENNIFER WM-MRS, CITY SECRETAI'.Y APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY By: c PAGE TWO 1 f r. ~f (1 Agenda No, Agenda Ifam~/ Bale -L•'3z~ DATE: MARCH 3, 1992 7 CITY COUNCIL REPORT TO, Mayor and Members of the City Council FROM. Lloyd V. Harrell, City Manager i SUBJECT: BID #1324 - PADMOUNT TRANSFORMERS RECOMMENDATION: We recommend this bid be awarded to the low evaluated bidder for each item as follows: Item 1 WESCO $19,089.00 Item 2 CUMMINS $ 5,595.00 Item 3 VANTRAN $ 11976.00 SUMMARY: This bid is for padmounted transformers to be used in specific locations in the Electrical Distribution System of the City of Denton. This bid was evaluated by the Electric Engineering Department using a load/loss equation to determine the most cost effective transformer. BACKGROUND: Tabulation sheet, Memorandum George Pool. PROGRAMS, DEPARTMENT OR GROUPS AFFECTED: Electric Distribution Division. FISCAL IMPACT: Budgeted Bond Funds acct #612-080-RB90-CO63-9222. Respect lly su m tted: A l,. f 1 d Harrell City Manager Prepared by: Names Denise Harpool Title: Senior Buyer Approved: Name: Tom D, Shaw, C.P.M. Title: Purchasing Agent 240.DOC < w ~ ~ J r BID $ 1324 ! I I I I I I ~ BID NAME PADMOUNTED i TECHLINE IRBY i WESCO SESCO I ORAYBAR TRANSFORMER OPEN FEBRUARY 16, 1992 I I I I I I $ I ITEM DESCRIPTION I VENDOR I VENDOR ~ VENDOR I VENDOR I VENDOR I ' 1 I 1 ! I 1 i 1 EACH 2000 KVA i $16,562.00 i $16,990.00 i $191069.00 I N/B I $16,641.00 I 2 ! 1' EACH 300 KVA I I (SQUARE D) I I $71423.00 ! $7,480.00 $6,633.00 I $101460.00 I NIB I 1 I I ! I 1 I I 3 I 1 EACH 75 KVA I NIB I $2,080.00 ! $3,140.00 I $2,951.00 I NIB I I I ~ HOWARD I I I I BID 1 1324 I I I I BID NAME PADMOUNT I PRIESTER I POLELINE ! TFMPLE VANTRAN I CUMMINS I TRANSFORMER I I I I I OPEN FEBRUARY 18, 1992 I I I I I $ f ITEM DESCRIPTION I VENDOR VENDOR I VENDOR I VENDOR I VENDOR I 1 I 1 EACH 2000 KVA $17,811.00 I NIB ! $19,628.00 I $261026.00 I $26,550.00 I I I I I I (VANTRAN) ! 2 I 1 EACH 300 KVA I $7,268.00 $5,603.00 I $9,719.00 $7,107.00 I $51595.00 ) I (PAUWELS) I I ( (PAUWELS) Iro 3 I 1 EACH 75 KVA I $2,100.00 I NIB ( NIB I $1,976.00 I $2,010.03 I4 I (VANTRAN) IQs COOPER POWER i I I I I C L 1 r, I`i ci:.v eJs 4 i i' r ;f lvenda No, Ayanda Item 9/i ~ CITY of DENTON MUNICIPAL UTILITIES/ 901-A Texas Street/ Denton, Tx 76201 M 8 M O R A N D A M TO: Denise Harpool, Purchasing Buyer ' FROM:~l~eorge Pool, Electric Engineer Associate T DATE: February 24, 1992 S UBJ: PADMOUNT TRANSFORMER PURCHASE BID NUMBER 1324 The Electrical Engineering department recommends that the bid be awarded to the following low bidders for the : - 2000 KVA transformer to Wesco for $19,089.00 dollars, - 300 KVA transformer to Cummins for $5,595,00 dollars, - 75 KVA transformer to Van Tran for $1,976,00 dollars, The loss/cost transformer evaluation calculation sheet has been provided for reference. If you have any questions, please call me at 7124, JP:th 02062342 cc: R. E. Nelson, Executive Director of Utilities Jim Harder, Director of Electric Utilities Donald McLaughlin, Electric Engineer Administrator file c 1, Agenda No.~ AgWa item Dalo LOSS/COST EVALUATION OF A 2000KVA PADMOUNT , 277/480V 3 PHASE TRANSFORMER - MADE NL LL DELIVERY BID ALCULATED BIDDER_ _ 9Y OSSES LOSSE _96Z _11 LE C1+VKS} COST _ _ - COST QE - - - $0.00- SESCO _ SESCO_ Po LINE _PAU-- $0,00 K EN FR FAYETVILLE $19489 UO X5118,678 Bu Vt+ESCO 2642 W 10356 -5 9-10 TECHLINE HOWARD__ _ 2187_-. 13410 b 7 $16,56200 $120,956.66 PRIESTERCOOPER 2457 _ 12608 5,35._14-16 $17,811..00 _1122,9611.97- GRAYBARSQUARE D_ 2570 13908 5.76 $16,64100 __$124,993,93. STUART IRBY MGM 2570 13908 6.76 20_ 24 $16j990 000 __$126 073.55 _ $19,628 00_ __$127 27,074,59 TEMPLE _ - (,E 2423 -_12165 - 5.68 17-19,- __A19,628,00 VAN TRAN VAN TRAIN _ 2650_ _ 9000 5.75 10___ $26 026 00_ $136,5011.78 - CUMMINS- VAN TB-M _ 2650__9000_6.76 10 _ $28,55000 $138 272,90 LOSS/COST EVALUATION_OF A 300KYA PADMOUNT1206/124V 3 PHASE TRANSFORMER.___- MADE +NL LL DELIVERY BID ALGULATED BIDDER BYE ~OSSES L09SE_ 96Z TIME _KS) ( S7 CO3F__ $0.00 - - - - $o,oo KEN FR FAYEIVILLE $0,00 GRAYBARSQUARED _ CUMMINS- PAUWELS_ -572__2784 3.65 12-13 5 5100 x$32.808.88: POL.ELINE PAUWELS 572- ___2764~ --3,.-66,-1,2---l--4 $6,683-00 $33106.32 VAN TRAN -_i 800 t-_ 3 9 10-- - $7,10700 .-_$34,228.36 WESCOABB 622 2457 1.73 -$i4,t33U05 STUART IRBY 550- 1800 S 90 10 $35 489,10 PRIESTER COOPER- 650 _ 2314 3.46. 13-16 $7,26800 -__-$36,913,8_6 TECHLINE HOWARD 559 2679 2 _L423.00 $38,b79 25 TEMPLE GE -__605 __1813. 3.66 17-i9 _ $9,719 00$42,923.61 SESCO SESCO -_1-_ 720 3300 _ 42L $10,46000- $52102.12_ /COSTEV_A_LUATION_OF-A.76KVAPADMOUNT 249/i2(1V-SINaLE_PHASE_ft7ANSFORMEF LOSS MADE NL Ll. t?ELWERY BID AICUI-ATEU BIDDER- BY _ OSSESlLOS5 -*4-- TIME (WK9~ COS f COST KEN-FR. FAYENILLE - - $0.00 - POLELINE _ PAUWELS - - - TEMPLE GE $0.00 6RAYBAR. SQUARE D $0 00 TECHLINE HOWARD $000 $1976 00 $901 VAN TRAN VAN TRAIN 160 _.-400 _ 1.6 10 CUMMINS---,.. VAN TRAIN 160 - 400 1 1.6 ~ 10 $2!01000 $9,126.7_fi_I I STUART IRBY_ _ __-1601 4U0 ~ j-.6- 10 1 $2,080.00 $9,363!36 f PRIffSTER _ COOPER _1641 5551 1.71 9 _ $2,10000 $10,09335 `WESCO ABB_-__ _14f 5661 i_65115-16 $3,140001 $13,55440 SESCO SESCO 165 830 L _ 2 71 $2 951 OD_1 $14,1 19.55 J r' 1 r - e ~a Agenda Itom_ le DATE naratr 92 yy CITY COUNCIL REPORT TO: Mayor and members of the city council , FROM: Lloyd V. Harrell, City Manager SUBJECT: BID #1325 - DUMP AND UTILITY BODIES RECOMMENDATION: We recommend this bid be awarded to the lowest bidder as indicated. Item 1) 1 Dump Body tot Fontaine Truck at $3287.00 ea Item 2) 2 Utility BodiesI tontoT G G ruck at $2607.00 ea Item 3) 1 Utility Body 3/4 ton tot Fontaine Truck at $2257.00 ea TOTAL AWARD $10758.00 SUMMARY: This bid is for the purchasing of four (4) truck bodies to be mounted on truck cab/chassis approved by Council at a previous meeting. The dump body is for the Street Department w utility trucks are for the Water/Sewer Field Services o ieDivision and the one 3/4 ton truck body is for the Water Production Plant vehicle. BACKGROUND: Tabulation sheet. PROGRAMS, DEPARTMENT OR GROUPS AFFECTED: Motorpool and other divisions listed above. FISCAL IMPACT: These bodies will be purchased from 1991-92 budget funds for capital expenditures. 1. Street Division 100-020-0033-9104 $3287.00 2. Water/Sewer Utility 620•-081-0461-9104 $2607.00 3. Water/Sewer Utility 620-081-0462-9104 $2607.00 4. Water Production 620-091-0460-9104 $2257.00 Respe fully sub itted: to d V. Harrell City Manager Approved: Name; Tom D. Shaw, C.P.M. Title: Purchasing Agent 237.DOC y* 4 I '1. I i~n9C.SV~ t pq R t Ja I Agenda No. Agonda Item. Date ~ 'Z' - BID M 1325 I I I I 1,117 A BID NAME TRUCK BODIES I G 6, G I COMMERCIAL I FONTAINE TRUCK (DUMP S UTILITY) { TRUCK EQUIP. I BOnY CORP. EQUIPMENT OPEN FEBRUARY 11, 1992 I I I I I M I ITEM DESCRIPTION I VENDOR I VENDOR { VENDOR I _I I ~ I I 1 I 1 CONTRACTOR DUMP BODY N/B I ;3,287.00 FOR 1 TON CAB/CHASSISI N/B i I I I I I I 2 I 2 UTILITY BODY FOR 1 TONI 00 CAB/CHASSIS $2,607.00 $3,483.00 $2,642. I ~ { ~ I 3 I 1 UTILITY BODY FOR 3/4 I 00 TON CAB/CHASSIS $2,467.00 $3,220.00 $2,257. I I I I ~ 10 DAYS I 10 DAYS I I DELIVERY j 15-25 DAYS I n C t } AgonOltem C?/~' DATE: MARCH 3, 1992 J CITY COUNCIL REPORT T0: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager 9 SUBJECT: BID #1327 - 12 CU YD DUMP TRUCK RECOMMENDATION: We recommend this bid be awarded to the lowest bidder Mahaney International in the amount of $45,968,00, with delivery in approximately 90 days. SUMMARY: This bid is for the purchase of a 52000 Lb GVW Truck cab/chassis with 12 cubic yard dump body. This unit is a motorpool replacement for a 1981 12 cubic yard dump truck currently assigned to the Street Department. The existing unit has a past five year maintenance cost of $34,046.00 and an odometer reading of 85,275. Replacement of this vehicle was approved during the budget process. The old unit will be reviewed for possible reconditioning and assignment to another department with lighter duty requirements. BACKGROUND: Tabulation sheet. PROGRAMS, DEPARTMENT OR GROUPS AFFECTED; Street Construction and maintenance) Motorpool operations. FISCAL IMPACT: This purchase will. be funded from Certificate of Obligation Funds approved by council at an earlier date and repaid by the Street Department over a 36 month time period. Respe fully sub tted: to d V. Harrell City Manager Approved: q Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent 238.DOC C i BID 1327 I I I 1 I 1 I I BID NAME 12 CU YD DUMP TRUCK[ MAHANEY INTL I SOUTHWEST I HUDIBERO I BARRETT WHITE I SUMMIT WHITE I I I INTL. I CHEVROLET I GMC [ GMC I OPEN FEBRUARY 18, 1992 I f I I { I I I I # I ITEM DESCRIPTION VENDOR I VENDOR [ VENDOR I VENDOR I VENDOR I I I_ I I 1 1 I 1 12 CU YD DUMP TRUCK I $45,968.00 I $46,181.00 I $46,700.00 I $47,175.00 I $46,290.00 [ I I I [ I I [ ALTERNATE [ $46,658.00 I I I i $46,780.00 I' [ DELIVERY 90 DAYS I 40-120 DAYS I 75--90 DAYS I I I I + 90-120 DAYS i 90 DAYS I MAKE/MODEL i INTL 4900 ' INTL 4900 I CHEV CC7 I CMC 7HO I I I I GMC 7H0 [ I I I I I ~ ~ BID r 1327 I I I I I I I I 1 I I I BID NAME 12 CU YD DUMP TRUCKI METRO FORD I PRESTIGE FORD I I I I I I I I I I OPEN FEBRUARY 18, 1992 I I I I I I I~ I-_ I.~.~. I I I 1 I ITEM DESCRIPTION [ VENDOR VENDOR I VENDOR I VENDOR I VENDOR I ~I ~I~ I I I i. I I I I I I I 1 I 1 12 CU YD DUMP TRUCK $46,975.00 I $40,161.00 I I I I a I I I I I CD ALTERNATE i $470296.00 i i I IO I I DELIVERY I 45-60 AYS I 45-90 DAYS ~ I I I MAKE/MODEL I FORD FT 900 I I ~ FORD FT 900 { I I CAB/CHASSIS I { I~ ONLY NO BODY [ I I { I i BID I I y Cr ~ I l` 'br AQonda Plo. _ ~ - D Ayanda 11arcr S f} OWN 3 3 Z' ~ DATE: March 3, 1992 CITY COUNCIL REPORT TO: Mayor and Members of the City Council • FROM: Lloyd V. Harrell, City Manager SUBJECT: BID #1330 - FERTILIZERS AND HERBICIDES RECOMMENDATION: Council approve award of Bid #1330 - Fertilizers and Herbicides to the low evaluated bidders at the unit prices as shown on Exhibit A. SUMMARY: This bid is for annual cost comparisons of fertilizers and herbicides used by Parks 6 Recreation as well as other as other departments for grounds maintenance. This bid is for one year, awarded at unit prices, with an estimated annual expenditure of $18,000.00. Pid may be renewed for an additional year as stated in the bid specification. BACKGROUND: Tabulation sheet, Exhibit A. PR-)GRAMS, DEPARTMENT OR GROUPS AFFECTED: Parks and Recreation. FISCAL IMPACT: Purchases to be paid from budgeted funds in account #8105 (Chemical Supplies), Respe fully sub itted: L y V. Harrell City Manager Prepared bv: C,~y. Name: Melanie Harden Title: Buyer Ap roved: Name: Tom D. Shaw, C.P,M. Titles Purchasing Agent t1 MH/jh 236.DOC r a 10, t~ ) 4 Bit) N1330 FERTILIZERS & HERBICIDES IVAN WATERS( DEPORT IMAST"indeND, -!/g o /q OPENED 2-11-92 1 & ROOERS I FARM I TURF I - - I --I SUPPLY I DIS*00ndaltem l , .q~ ITEMI QTY I DESCRIPTION I I ----I- 3 9 - --I-----I-------------------------- I-------- ---.isle.. 1 1 4 (Oust (30 jug) I $439.98 ' NIB I NIB k / 2 1 6 IRoundup (30 gal drum) 1$1,113.90 $1j185.00, 1 1 NIB I 3 1 120 IMSMA (1 gal jug) I $17. 4 1 4 IRodeo (2.5 gal jug) l $236.25 1 NIB NIB 1 5 1 7 [Image (1 gal jug) ] $170.00 1 $238.00 NIB 1 6 10 (Logic (100 bag) I " 357.50 1 N/0 1 7 1 24 1Orthene (1N can) 1 $9.47 1 $9.45 1 NIB 1 8 20 IMC96 (1 gal jug) I NIB I N/0 I NIB I 9 1 4 (Dormant oil (5 gal jug) 1 $19.70 1 $17.50 1 NIB I 10 30 Isurfactant (1 gal jug) $12.051 $14.50 1 N/B I 11 1 36 INacatrol (1 qt jug) 1 NIB I NIB I N/S I 12 I 10 115-5-10 5OtSCU Fertilizerl N/0 I NIB I NIB 1 13 I 10 115-5-10 87%SCU Fertilizers N/B I NIB s NIB I Delivery: 15-10 days { 10 days I { Alts * vool 25#bag/$5# k# 258 @$7.44 1 I I 1 BID #1330 HARPOOL 1 TURFCO LESCO I ESTES FERTILIZERS & HERBICIDES OPENED 2-11-92 FERTILIZER( INC. s ] I -----I I ITEMI QTY I DESCRIPTION 1 N/B $426.62 I1 NIB NIB 1 1 ] 4 (Oust (3# jug) N/B 1$1,225.00 1$1,220.00 IS1,11.3.90 ) 2 I 6 IRoundup (30 gal drum) s NIB I NIB I ;1G.15 ) ;15.11 I 3 1120 IMSMA (i gal jug) NIB I N/B I OR. 1 $236.25 ] 4 ] 4 IRodeo (2.5 gal jug) N/B I $205.00 I $168.00 1 $!83.52 I 5 1 7 IImage (1 gal jug) 1 NIB I $58.50 I N/0 I $54.70 6 ] 10 orthc (l(1 bag) I N/B i NIB $9.29 1 $9.50 I 7 1 24 Ie (1# can) I NIB 1 NIB I NIB I $13.49 I 8 l 20 IMC9C96 ( (1 gal jug) { NIB I NIB I $35.75 $21.95 I Jug) g l 4 1Dormant oil (5 gal NIB 1 $14.75 I $12.15 i $13.24 1 10 I 30 (Surfactant (1 gal jug) ) I NIB i NIB I N/0 1 $69 I n 11 I 36 INacatrol (1 qt jug) I 235.00 1 NIB I NIB I NNIB ) 10 115-5-10 508SCU Fertilizerl $265.00 1 N/0 I N/0 I 12 l 13 I 10 115-5-10 878SCU Fertilizer] Delivery! 1 day 7 days 17-14 days 1 1-3 days I 1 1 ( I BID N1330 1 I RED l SPOF'PS ] JUSTIN 1 FERTILIZERS & HERBICT.UES STERN- OPENED 2-11-92 CIEMTECIII RIVER I TURF I SEED 1 CORP ISPECIALTIES i SUPPLY ITEMI QTY I DESCRIPTION ) 1 ---I i -s---4 --1--------------- oust (-3N--j-- ug) NIB 1 $435.00 1 NIB_i $470.50 1 ( 1 1 2 1 $ ]Roundup (30 gal. drum) i 11/0 I ;1,113.90 NIB 1$1,113.50 1 1 jug) NIB I NIB 1 $20.60 1 $17.00 1 4 3 i 1240IIRod eMSMAo ( {(2.5 gal gal al jug) NIB 1 $236.25 I NIB 1 $236.25 1 1 r 5 I 7 Ilmage (1 gal juq) N/13 $89.00 1 N/0 1 $197.00 1 ki 10 ILoyic (160 bag) 11/0 1 I $89N/50 1 B I ;56N/50 1 0 l $57.45 l 7 1 24 lorthene (10 can) I $18NIB I NIB I On I $$9.25 1 NIB 14 20 IMC96 (1 gal jug) NIB I W11 I NIB I $32.60 I g 4 ]Dormant Oil (5 gal jug) I I N/0 $26.75 I ;4.35 I 10 1 30 Isurfactant (1 gal jug) N/ I ` NIB NIB 1 11/0 1 $6.50 1 11 1 36 INacatrol (1 qt jug) NIB I NIB I NIB I N/B 1 ;1$6.00 1 12 I 10 11.5-5-10 50ABCU Fertillizerl NIB i NIB s NIB l $219.00 1 13 1 10 115-5-10 878SCU Fertilizers 1 1 I Delivery! 1 7 days 1 3-5 days 110 days 5 days I ) 4 S LAgenda No, . D 0 Agenda Item -Ts # v (Ails 7'2 EXHIBIT "A" Bid #1330 Fertilizers & Herbicides Item DescriptionPriceUnit_-- -_-Vendor _`1 Oust $426.62 3 lb Estes _ 2 Roundup $1,113.50 30 gal Justin Seed 3 MSMA $15.11 1 gal Estes 4 Rodeo $236.25 2.5 gal Estes, I 5 Image $168.00 1 gal Lesco C 6 Logic $54.70 10 lb Estes 7 Orthene $9.29 1 lb Lesco 8 MC96 $13.49 1 gal Estes. 9 Dormant Oil $17.50 5 ga) Deport Farm Supply 10 Surfactant $4.35 1 gal Justin Seed A 11 Nacatrol $6.19 1 qt Estes• FERTMZER: 12 15-5-10 50% SCU $184.00 1 ton Justin Seed 13 15--5-10 87% SCU $219.00 1 ton Justin Seed' F ~ r agenda Item- Datn .2,_ DATE: MARCH 31 1992 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID #1332 - DISTRIBUTION TRANSFORMERS a RECOMMENDATION: We recommend this bid be awarded to the low evaluated bidders for Item 1 to Priester Supply (Bid #1) in the total amount of $11,020.00 and Item 2 to Poleline in the total amount of $13,860.00. of SUMMARY: This bid is for conventional overhead distribution transformers used throughout the City of Denton Electrical Distribution System. These will be stored for use as needed to replace defective transformers. BACKGROUND: Tabulation aheet, Memorandum from Glenn Fisher 2-20-92.~ PROGRAMS DEPARTMENT OR GROUPS AFFECTED: Electric Distribution Division. FISCAL, IMPACT: Budgeted funds for 1991-92 account, #611-008-0252-9222. Respec ully su mi to : y Harrell ~ City Manager Prepared by: Name: Denise Harpo 1 Title: Senior Buyer Approved: Name: Tom D: Shaw, C.P.M. Title: Purchasing Agent 239,DOC 4 5. 1; Ali I i BID # 1332 I i ; I I r I I I BID NAME DISTRIBUTION I TECHLINE I PREFERRED CUMMINS POLELINE I WESCO TRANSFORMER I I SALES AGENCY I I OPEN FEBRUARY 18, 1992 I I I I I i I # I ITEM DESCRIPTION I VENDOR ~ VENDOR I VENDOR i VENDOR VENDOR _I ~ I I I I I ~ e 1 1 25 KVA TRANSFORMER I 20 EACH I $522.00 I $554.00 I $490.00 $493.00 ; $494.00 I~ I I ~ I I I 2 I 50 KVA TRANSFORMER I I 20 EACH I $751.00 I $771.00 I $710.00 I $693.00 I $610.00 I I I i I UNITED I KUxLMAN I I BID # 1332 I I I I I I I I I I I BID NAME DISTRIBUTION I KBS TEMPLE I SESCO I PRIE1TER i PRIESTER ` TRANSFORMER I I I OPEN FEBRUARY 18, 1992 I # I ITEM DESCRIPTION I VENDOR VENDOR I VENDOR I VENDOR I VENDOR ~I I I I~- I_ I I 1 25 KVA TRANSFORMER I I I I I I I I 408. 20 EACH $497.00 $505.90 $417.00 $551.00 $ to I I ALT $426.10 I I I 2 I 50 KVA TRANSFORMER I $706.00 20 EACH $791.25 $618.00 I $658.00 I $593. I ALT $696.89 I I I ERMCO I GE I SESCO I COOPER I COOPER i I I ~ I I ~o I I I I I I I I I ~ ~ V a l R, 's Pgenda No. Agonda 11om ogle-_~ 3 z, CITY of DENTON MUNICIPAL UTILITIES/ 901-A Texaa street / Denton, Tx 76201 MEMORANDUM To: Tom Shaw From: Glenn Fisher Date: February 20, 1991 Subject: Bid No. 1332, Overhead Distribution Transformers Based upon the evaluated lifetime operating costs, the Electric Engineering Staff recommends the acceptance of the following items in the above referenced bid: Item 11 (20) - 25 KVA transformers: Priester Supply, $551.00 each, Total Cost: $11,020.00 Item 2, (20) - 50 KVA transformers: Poleline, $693.00 each, Total Cost: $13,860.00 See the attached spreadsheet for the complete evaluation. R&M/1332,mem cc: Bok Velson, Executive Director of Utilities Jim Harder, Director of Electric Utilities Don McLaughlin, Electric Engineering Administrator C_ C, Agonda Isom S Date CONVENTIONAL OVERHEAD DISTRIBUTION TRANSFORMERS BID NO. 1332 25 KVA Delivery Bid Evaluated I ` Vendor Manutacherer _(WOO ksL___ NLL ~LL Prke Tcost Priester #1 Cooper 5 79 187 $551,00 $2,970.54 Polellne Kuhlman 6-8 66 255 $493.00 $3,003.63 Tochline 8-•10 100 199 $522.00 $3,009.99 KBS Electrical Ermco 4 68 282 $497.00 $3,096.30 Temple #1 General Electric 14-16 6i 274 $505.90 $3,105.55 Preferred Sales Central Moloney 4 63 250 $554.00 $3,176.48 Wesco Westinghouse 5 57 322 $494.00 $3,248.63 Cummins United 6-8 65 352 $490.00 $3,351.76 Sesco Sesco 4 68 432 $417.00 $3,492.46 hrlester #2 Cooper 5 76 514 $408.00 $3,832.81 Temple #2 Magnetic Electric 2-3 75 520 $426.10 $3,918.99 50 KVA Delivery Bid Evaluated Vendor___ _Manufacturer LL__ Price _ Cost Polellne Kuhlman 6--8 123 414 $693.00 $4,579.48 Prlestor #1 Cooper 5 112 478 $658.00 $4,681.98 Preferred Sales Central Moloney 4 114 406 $771.00 $4,772.30 Techline 8-10 160 389 $761.00 $4,825.51 Temple #1 General Eleotrlc 12-14 108 422 $791.25 $4,882.41 KBS Electrical Ermco 8 97 530 $706.00 $4,99836 Curnmins United 6-8 135 515 $00.00 $5,107.70 Prlestor#2 Cooper 5 149 505 $593.00 $5,145.50 Sesco Sesco 4 130 703 $61G.00 $5,559.12 Wasco Westinghouse 5 02 748 $610.00 $5,602.90 Temple #2 Magnetic Electric 2-3 126 786 $696.69 $6,154.88 Evaluation Formula; Evaluated Cost = Unit Cost * 3.38 + (NLL + (LL - NLL) * 0.51 * 8.332 f R&Mj1332.~_vk3 Yn tip' ICITY COUNCIL t 4~O U U ti~OGdd+ c It= 4.. i. u I r . Agenda No We 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 processes or natural monopolies, manuscripts or books; electricity, gas, water and other utf]l.ity 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: SECTION 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 PC !123075 FMC $15,771.56 51=10_j 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 ell requirements specified by the Purchasing Department. SECTIOU Ii• That the City Manager is hereby authorized to execute any contracts relating to the items specified in fection I and the expenditure of funds pursuant to said contracts is hereby authorized. e a ,Q w I 1 4 AgandaNo,__v3=e4._ Aganda item 2' SECTION IV. That this ordinance shall become effective immedi- ately Upon its passage and approval. PASSED AND APPROVED this the day of 1992. t~ BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY. APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: i 3 fbonda No. - Agarida llem_ Oalo _ ~3 .3 J,L DATE: March 3, 1992 3 Al CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: PURCHASE ORDER #23075 - FMC RECOMMENDATION: Council approve purchase order #23075 to FMC Corporation in the amount of $15,771,56. SUMMARY: This purchase is for sole source replacement parts manufactured by FMC Corporation. The Water Reclamation Division is requesting to purchase two (2) rake assemblies for their existing bar screens, These bar screens filter large floating objects from the waste stream thereby protecting the influent sewage pumps, BACKGROUND: PC #23075 FMC Corp., Memorandum from Asa Brown, Superintendent, Water Reclamation Plant, Quotation from FMC Corp. PROGRAMS, DEPARTMENT OR GROUPS AFFECTED: Water Reclamation. FISCAL IMPACT: Purchase to be paid from the machinery maintenance account #620-082-0470-8339. Respect lly submi ted: r-_"z'W , 7- to d V. Harrell City Manager Prepared by: Name: elanie Harden Title: Buyer Approved: Name: Tom-D, Shaw, C.P.M. Title: Purchasing Agent 241,DOC 4 CONFIRMING ORDER P4RCHASE ORDER NO: FC 23075 (IF MARKED) XX This numbor must appear on nll Invoices, delivery 311p% cases, DO NOT DUPLICATE erns., boxes, pecking slips and bills. Req No: Bid No: Date: 09 24 99 Page No. 01 VENDOR PURCHASING DIVISION /901.8 TEXAS STREET /DENTON, TEXAS 76201 NAME/ F6.C CC11P 8171383-7100 DIFINMETRO8171261-0042 FAX 817I3824692 ADDRESS MFS DIVISICNTE DELIVERY CCNFIRMATICN CRLY COT P•Ce SCX 95375 ADDRESS VATER RELCA1fA7ICN CHICAGG IL 60694 A100 MATHILL RC CEN70N*'7X 76205 ,kill VENDr;RNO. 4F49000 DELIVERYGUOTF.D 02 29 92 FOB DE171NA71ON TERMS v 01 2.000 EA VENDCR CAT a N'l A MFG NAME ?6see+780 109771+4i 93691 CITY COMPLETE RAKE ASSEMBLY rg d o w. rv a 3 PAGE 7C1AL 15 ?71+~ 6FArG 7C7AL 5 771.1 01 620 082 0470 8339 15.771.66 02 620 082 0470 8110 Oa00 1 S ~ i VENDOR INSTRUCTIONS: 3. Terms - Nei 30 (Unless otherwiso snocilxw) _ 1. Send.origiaal Invoke with dup!kale copy. 4. Shipping Instructions: F.0.6 Destinallon prepaid (Unless othoWse aneci iedl 2,13111 to - Accounts Payable 6. No federal or stale sales tax shall be lmluded 216 E. McNInney St. In prices billed. Purchasing Division Denton, TX 76204 a A` h i1 S, t f it I S Agenda 24-7FS: 1" 19 2 J D !n CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHO14E (817) 566.8200 MF,M0RANDUM TO: Tom Shaw, Purchasing Agent FROM: Asa Brown, Superintendent WateY Reclamation Plant DATE: February 24, 1992 RE: FMC Corporation Requisition #13 The above referenced requisition number will provide replacement rake assemblies to existing bar screenswhich manuf an ured by the Corporation. F.M.C is the only company will operate provide with the replacement rake assemblies (2) which machine but to that pr have our oved to be e existing equipment. We tried, unsuccessfully, shop weld parts to the existing assembly, b futile effort. These rake assemblies remove large floating objects from the waste stream which, if allowed to pass through, would cause serious damage to our influent sewage pumps. They have needed to be repaired for at dleast oing six months. repairs beenTable piece work to keep them operating b assemblies were put into operation in 1980 and have not been replaced since then. We need these assemblies to insure continued dependahie operations of this system which protects our inf)aent sewage pumps. We will pay or these s ,771 following accok.nt number 620-082-0470-8339 t price of $5 FMC.Doc l 1 Y FEE 1: '9Z 1UtL9' 4-l PI: HIGHP IItIT p, 1, l 111410 caw ration 1 1 ~'MC A Wmi HanrMlrq 8yegrm DlWrlon Age WOTATION _ V- a PO Son 9104 Olrltofn FOrnrlwolo 10914 Agooda Ilom ~~S 9 Tafephons (218) 822.4900 Lute CITY OF DENTON l ~i/ ld ACCOUNTS PAYABLE 215 EAST MC KINNEY ST, DENTON TX 76201 Dole 02/12/92 Attention; Melanie FMCCoroaratlan Quotation No. J-260384-1 SubJect ; 4 Rope Bar Screen Weappreciate the opporfuntty to offer this uotatlon and look forward to servtn you further. Ouantlty Oescrlr don - Pthu 2 JK3811-20-D $15,771,56 Complete Rake ASsemb)y (1067-41-0) Net Lo authorization to proceed with ppurchase order is required, per conversation with Melanie 2/11/92 A Terms Transporiadon Conditions- F.p,e, Factory on a earrler of Our choice(absenl Inatevotlons) Net 30 days PPO & ALLD °tlOYery 14 Weeks The above prices are firm based on quotation from Oats, of order 6004pran00 at Ow plant acceptance within 30 days Thlo quotallom is, made eubl0Ct10 the addillonal general terms and conditions of sales ortrded on the reverse Side nvool. / Page 1 of 1 FMC Corporation Material Handlln °y6te ON cool .37 aROY, 2101 By Servi "e Representative LINK-BELT nraeosolno ,ind rnnvnvinn Avelnme for unit or bulk mxlarlala D. ti n f CITY COUNCIL ~ rtf~• t~l 4- 4 i` F-- ~J 4a .i I.LL . {-tiY A r• ~ aQptiOQQ -ppp ~~p0~ o ~ o F dUp~, r~ `op; ropp~ r 1 i- ~ooO~C4 it v u L ~Q`'COC~~ l- y µ4 . l~~LLy~ , L L++-.-a .~hLr~L a..-~F~Ly~•~+.ru. N Agenda No. Agenda Item Gale _~••-7~--3-3 lTiz f e / ~'~jjff r CITY of DENTON, TEXAS MUNICIPAL BUILDING / 215 E. McKINNEY / DENTON, TEXAS76201 M E M O R A N D U M T0; Lloyd V. Harrell, City Manager FROM: John F. McGrane, Executive Director of Finance DATES February 27, 1992 SUBJECTS GENERAL OBLIGATION AND UTILITY REVENUE BONDS The $4.5 million in revenue bonds are being issued primarily for the upgrade of the sewer treatment plant, The General Obligation Band Funds are to be utilized in the following manners • $1.5 million are for street repair in conjunction with the 1986 Bond Election and CIP program • $940,000 is for drainage projects also associated with the 1986 Bond Election and CIP program, • $190,000 is for bridge improvements that have been necessitated by the recent excessive rainfalls. If you have any questions, or need more specific information on these projects, please advise, APPOO13A C 81715668200 D/FW METRO 434.2529 Agonda No.._-La .o Agoorla Ilon,_. ? C CERTIFICATE FOR W10 _ ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND RE DELIVE Y<v/F CITY OF DENTON UTILITY SYSTEM REVENUE BONDS, SERIES 1992, AND APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES .~Trur,,' THERETO THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON ' We, the undersigned officers as follows: of said City, hereby certit'y 1s The City council of said City convened in REGULAR MEETING ON THE 3RD DAY OF MARCH, 1992, at the municipal Building (City Hall), and the roll was called of the duly constituted Officers and members of said City council, to-wit: Jennif6r K, Walters, City Secretary Bob Castleberry, Mayor Mark Chew Jane Hopkins John Trent Harold Perry Jim Alexander Margaret Smith and all of said persons were absentees; present, except the following thus constitut ng a quorum. 'Whereupon, the following was transacted at said Meeting;g atwritten~ business ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF CITY OF DENTON UTILITY SYSTEM REVENUE BONDS, SERIES 1992, AND APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES RELATING THERETO was duly introduced for the consideration Of said city Council and duly read. It was then duly moved and seconded that said carrying Ordinance with passed, and, after due discussion, said motion, ^ it the passage of said Ordinance, prevailed and carried by the following votes AYESt NOES: ABSENTIONS; That a true, full Ordinanoe , and correct copy of the aforesaid fore passed at the Meeting described in the above and going paragraph is attached to and follows this certifi- catel that said Ordinance has been duly recorded in said City Council's minutes of said Meeting, that the above and foregoing r 0 Agenda No. -vO_y Agenda dk 6"? paragraph is a true, full, and correct excerpt fz R Council's minutes of said Meeting pertaining to the passag'~i e Of said Ordinance) that the persons named in the above and ford- going paragraph are the duly chosen, qualified, and acting officers and members of said City Council as indicated therein; and that each of the officers and members of said City Council was duly and sufficiently notified officially and personally, in advance, of the time, place, and purpose of the aforesaid Meeting, and that said Ordinance would be introduced and considered for passage at said Meeting) and that said Meeting was open to the public, and public notice of the time, place, and purpose of said meeting was given, all as required by Vernon's Ann. Tex, Civ. St. Article 6252-17. 3, That the Mayor of said City has approved, and hereby ✓ approves, the aforesaid Ordinance) that the mayor and the City secretary of said City have duly signed said Ordinance) and that the Mayor and the City Secretary of said City hereby declare that their signing of this Certificate shall constitute the signing of the attached and following copy of said Ordi- nance for all purposes. SIGNED AND SEALED as of the 3rd day of March, 1992, City Secretary Mayor (SEAL) We, tss undersigned, being respectively the City Attorney and the Bond Attorneys of the City of Denton, Texas, hereby certify that we prepared and approved as to legality the attached and following Ordinance prior to its passage as aforesaid, City Attorney _~~c~ 4 ~ Bo~nd Attorneys~ , s ORDINANCE NO. 92-~ ANonda No... le *q/? Agonda Item ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AIP-DEt ~ OF CITY OF DENTON UTILITY SYSTEM REVENUE BONDS, SERIES ~f 19921 AND APPROVING AND AUTHORIZING INS'T'RUMENTS AND ERQ_FEAURES RELATING THERETO THE STt~TE OF TEXAS s COUNTY OF DENTON CITY OF DENTON WHEREAS, the City of Denton, Texas, heretofore has duly issued the following revenue bonds: City of Denton Utility System Revenue Refunding Bonds, , Series 1983, dated March 1, 1963; City of Denton Utility System Revenue Bonds, Series 1984, dated March 1, 1984; City of Denton Utility System Revenue Bonds, series 1984-A, dated October 1, 1984; City of Denton Utility System Revenue Refunding Bonds, Series 1987, dated January 1, 1967; and City of Denton Utility System Revenue Bonds, Series 1988, dated August 1, 1988; and City of Denton Utility System Revenue Bonds, Series 1989, dated October 1, 1989. WHEREAS, the City Council of the City of Denton deems it necessary and advisable to authorize, issue, and deliver the additional Utility System Revenue Bonds hereinafter described; and WHEREAS, the bonds hereinafter authorized are to be issued, sold, and delivered pursuant to Vernon's Ann. Tex. Civ. St. Articles 2368a and 1111 through 1118, the City's Home Rule charter, and other applicable laws. THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS THAT: Section 1. AMOUNT AND PURPOSE OF THE BONDS. The bond or bonds of the City of Denton, Texas (the "Issuer") are hereby authorized to be issued and delivered in the aggregate princi- pal amount of $4,500,000 FOR THE PURPOSE OF OBTAINING MONEY FOR IMPROVEMENTS AND EXTENSIONS OF THE CITY OF DENTON UTILITY SYSTEM, WHICH CONSISTS OF THE CITY'S COMBINED WATERWORKS, SEWER, AND ELECTRIC LIGHT AND POWER SYSTEM. 1 Y. dgentla No. _ ~ OG ~ ~ Agenda 11cmIs 1ex M Lbto section 2. DESIGNATION OF THE BONDS. Each bond issued pursuant-to this ordinance shall be designated; "CITY OF DENTON UTILITY SYSTEM REVENUE BOND, SERIES 199211, and initially there shall be issued, sold, and delivered hereunder a single fully registered bond, without interest coupons, payable in install- ments of principal (the "Initial Bond"), but the initial Bond may be assigned and transferred and/or converted into and exchanged for a like aggregate principal amount of fully registered bonds, without interest coupons, having serial maturities, and in the denomination or denominations of $5,000 or any integral multiple of $5,000, all in the manner herein- after provided. The term "Bonds" as used in this ordinance shall mean and include collectjvely the Initial Bond and all substitute bonds exchanged therefor, as well as all other substitute bonds and replacement bands issued pursuant hereto, and the term "bond" shall mean any of the Bonds. Section 3. INITIAL DATE, DENOMINATION, NUMBER, MATURI- TIES, INITIAL REGISTERED OWNER, AND CHARACTERISTICS OF THE INITIAL BOND. (a) The Initial Bond is hereby authorized to be issued, sold, and delivered hereunder as a single fully registered Bond, without interest coupons, dated MARCH 11 1992, in the denomination and aggregate principal amount of $4,500,000, numbered R-1, payable in annual installments of principal to the initial registered owner thereof, to-wit= or to the registered ass gnee or assignees of said Bond or any portion or portions thereof (in each case, the "registered owner"), with the annual installments of principal of the Initial Bond to be payable on the dates, respectively, and in the principal amounts, respectively, stated in the FORM OF INITIAL BOND set forth in this ordinance. (b) The Initial Band (i) may and shall be prepaid or redeemed prior to the respective scheduled due dates of in- stallments of principal thereof, (ii) may be assigned and transferred, (iii) may be converted and exchanged for other Bonds, (iv) shall have the character istiou, and (v) shall be signed and sealed, and the principal of and interest on the Initial Bond shall be payable, all as provided, and in the manner required or indicated, in the FORM OF INITIAL BOND set forth in this ordinance, Section 4. INTEREST. The unpaid principal balance of the initial Bond shall bear interest from the date of the initial Bond to the respective scheduled clue dates, or to the respec- tive dates of prepayment or redemption, of the installments of principal of the initial Bond, and said interest shall be i 2 e I r° Agenda No. j~2 = cs_ Agenda Itom_ 3 payable, all in the manner provided and at the rates~and on th ~ dates stated in the FORM OF INITIAL BOND set forth in this ~c ordinance, Bond, including the form xofTRegistrati Registration Certificate of form of the Initial Comptroller of Public Accounts of the State of Texas to be ' endorsed on the Initial Bond, shall be substantially as fol- lows: FORM OF TNTTIL+ BOND NO. R-1 $41500,000 UNITED STATES OF AMERICA STA'T'E OF TEXAS COUNTY OF DENTON CITY OF DENTON UTILITY SYSTEM REVENUE BOND SERIES 1992 THE CI'T'Y OF DENTON, in Denton County, Texas (the "Issu- ern), being a political subdivision of the State of Texas, hereby promisee to pay to or to the registered assignee o.r ass gnees of this Bond or any portion or portions hereof (in each case, the "registered owner") the aggregate principal amount of $4,500,000 (FOUR MILLION FIVE HIUNDRED THOUSAND DOLLARS) In annual installments of principal due and payable on DECEMBER 1 in each of the years, and in the respective principal amounts, as set forth in the following scheduler PRINCIPAL PRINCIPAL U&B AMOUNT YM . AMOUNm 1995 $115,000 2005 $215,000 1996 120,000 2006 2300000 1997 130,000 2007 245,000 1998 140,000 2008 265,000 1999 1450000 2009 280,000 2000 1551000 2010 300,000 2001 165,000 2011 320,000 2002 1800000 2012 340,000 2003 190,000 2013 365,000 2004 205,000 2014 395,000 and to pay interest, from the date of this Bond hereinafter stated, on the balance of each such installment of principal, 3 b a Agafida No. 1 c)D? Agenda Ilam~__~~t~/~~_ JC respectively, from time to time remaining unpaid, at the rates as follows: $ per annum on the above installment due in 1995 $ per annum on the above installment due in 1996 per annum on the above installment due in 1997 $ per annum on the above installment due in 1998 $ per annum on the above installment due in 1999 Y$ per annum on the above installment due in 2000 $ per annum on the above installment due in 2001 , $ per annum on the above installment due in 2002 $ per annum on the above installment due in 2003 $ per annum on the above installment due in 2004 $ per annum on the above installment due in 2005 $ per annum on the above installment due in 2006 $ per annum on the above installment due in 2007 per annum on the above installment due in 2008 $ per annum on the above installment due in 2009 per annum on the above installment due in 2010 r$ per annum on the above installment due in 2011 per annum on the above installment due in 2012 $ per annum on the above installment due in 2013 $ per annum on the above installment due in 2014 with said interest being payable on DECEMBER 1, 1992, and semi- annually on each JUNE 1 and DECEMBER 1 thereafter while this Bond or any portion hereof is outstanding and unpaid. said interest shall be calculated on the basis of a 360-day year composed of twelve 30-day months, THE INSTALLMENTS OF PRINCIPAL OF AND THE INTEREST ON this Bond are payable in lawful money of the United States of America, without exchange or collection charges. The install- ments of principal and the interest on this Bond are payable to the registered owner hereof through the services of NATIONSBANK OF TEXAS, N.A., FORT WORTH, TEXAS, which is the "Paying Agent/Registrar" for this Bond. Payment of all principal of and interest on this Bond shall be made by the Paying Agent/Registrar to the registered owner hereof on each prinoi- pal and/or interest payment date by check, dated as of such date, drawn by the Paying Agent/Registrar on, and payable solely from, funds of the Issuer required by the ordinance authorizing the issuance of this Bond (the "Bond ordinance") to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter provided: and such check shall be sent by the Paying Agent/Registrar by United States mail, first-class postage prepaid, on each such principal and/or interest payment date, to the registered owner hereof, at the address of the registered owner, as it appeared on the 15th day of the month next preceding each such date (the "Record Date") on the 4 Ilk I 1 AOonda No. _ c- AUooda Itam_/~~~~~5 NIQ the Paying ngent/Regiatrar, as f Registration Books kept by each prin ipal terdnowner of thisdBondhthatsonr or before s - and/or interest payment date for this Bond it will make avail- able to the Paying Agent/Registrar, from the "Interest and Sinking Fund" maintained pursuant to the Bond Ordinance, the amounts required of all principaltof nd interest onmthistBond, available funds, when due. R IF THE DATE for the payment of the principal of or inter- est on d which h banking insttut io,ns in Sunday, the a City legal or a day y on Paying Agent/Registrar is located are authorized by ent shall executive order to close, then he date such hapSa urda be the next succeeding day which Sunday, legal holiday, or day on which banking institutions are authorized to closet and payment on such date shall have the same force and effect as if made on the original date payment was due. THIS BOND has been authorized in accordance with the Constitution and laws of the State of Texas FOR THE PURPOSE OF OBTitINING MONEY FOR IMPROVEMENTS AND EXTENSIONS OF THE CITY OF DENTON UTILITY SYSTEM, WHICH WATERWORKSf SEWER,, AND ELECTRIC C LIGHT AND POWER CITY'S COMBINED 001, the unpaid DECEMBER: ofr p inoipal whatso this eBover nd tmay be er, prepaid or redeemed prior to their scheduled due dates, at the option of the Issuer, with funds derived from athe availablear source, as a whole, or in part, and, if in part, prticul dedemed portion of this Bond to be prepaid or rede that halportionloft- ed and designated by the Issuer (provi e of this Bond may be redeemed en only in an integral price of the lpar or princi),pal at the amount t thereo hereo prepayment f, plus accrued interest to the date principal fixed for prepayment or redemption. AT LEAST 30 days prior to the date fixed for any such prepayment or redemption a written notice A of e such prepar menttor redemption shall be mailed by the Padate for ying fixed /Re any such registered owner hereof. BY prepayment or redemption due provision shall be madntbofthe Issuer with the Paying Agent/Registrar for the payme the required prepayment or redemption price for this Bond or the portion hereof which is to be so prepaid or redeemed, plus accrued interest thereon to the date fixed for prepayment or due provision notice for such prepayment all redemption dand l if such written is given, as C 5 Agenda No. Agenda Item. provided above, this Bond, or the portion thereof which is to be so prepaid or redeemed, thereby automatically shall lie v~ treated as prepaid or redeemed prior to its scheduled due date, and shall not bear interest after the date fixed for its prepayment or redemption, and shall not be regarded as being outstanding except for the right of the registered owner to receive the prepayment or redemption price plus accrued inter- est to the date fixed for prepayment or redemption from the Paying Agent/Registrar out of the funds provided for such ` payment, The Paying Agent/Registrar shall record in the Registration Books all such prepayments or redemptions of principal of this Bcnd or any portion hereof. THIS BOND, tc the extent of the unpaid or unredeemed principal balance hereof, or any unpaid and unredeemed portion hereof in any integral multiple of $5,000, may be assigned by the initial registered owner hereof and shall be transferred only in the Registration Books of the Issuer kept by the Paying Agent/Registrar acting in the capacity of registrar for the Bonds, upon the terms and conditions set forth in the Bond ordinance. Among other requirements for such transfer, this Bond must be presented and surrendered to the Paying Agent/- Registrar for cancellation, together with proper instruments of assignment, in form and with guarante6 of signatures satisfac- tory to the Paying Agent/Registrar, evidencing assignment by the initial registered owner of this Bond, or any portion or portions hereof in any integral multiple of $5,000, to the assignee or assignees in whose name or names this Bond or any such portion or portions hereof is or are to be transferred and registered, Any instrument or instruments of assignment satisfactory to the Paying Agent/Registrar may be used to evidence the assignment of this Bond or any such po •tion or portions hereof by the initial registered owner hereof. A new bond or bonds payable to such assignee or assignees (which then will be the new registered owner or owners of such new Bond or Bonds) or to the initial registered owner as to any portion of this Bond which is not being assigned and transferred by the initial registered owner, shall be delivered by the Paying Agent/Registrar in conversion of and exchange for this Bond or any portion or portions hereon, but solely in the form and manner as provided in the next paragraph hereof for the conver- sion and axe,'iange of this Bond or any portion hereof. The registered owner of this Bond shall be deemed and treated by the Issuer and the Paying Agent/Registrar as the absolute owner hereof for all purposes, including payment and discharge of liability upon this Bond to the extent of such payment, and the Issuer and the Paying Agent/Registrar shall not be affected by any notice to the contrary. r 6 Agonda W._ Aomida Itam S ihla _ V5376-Y77 AS PROVIDED above and in the Bond ordinance, this Bond,/to i the extent of the unpaid or unredeemed principal balance hereof, may be converted into and exchanged for a like aggre- gate principal amount of fully registered bonds, without interest coupons, payable to the assignee or assignees duly designated in writing by the initial registered owner hereof, or to the initial gistered uwner as to any portion of this Bond which is not s...Lng assigned and transferred by the initial registered owner, in any denomination or denominations in any integral multiple of $5,000 (subject to the requirement here- inafter stated that each substitute bond issued in exchange for any portion of this Bond shall have a single stated principal maturity date), upon surrender of this Bond to the Paying Agent/Registrar for cancellation, all in accordance with the form and procedures set forth in the Bond Ordinance, if this Bond or any portion hereof is assigned and transferred or converted each bond issued in exchange for any portion hereof shall have a single stated principal maturity date correspond- ing to the due date of the installment of principal of this Bond or portion hereof for which the substitute bond is being exchanged, and shall bear interest at the rate applicable to and borne by such installment of principal or portion thereof. Such bonds, respectively, shall be subject to redemption prior to maturity on the same dates and for the same prices as the corresponding installment of principal of this Bond or, portion hereof for which they are being exchanged. No such bond shall be payable in installments, but shall have only one stated principal maturity date. AS PROVIDED IN THE BOND ORDINANCE, THIS BOND IN ITS PRESENT FORM MAY BE ASSIGNED AND TRANSFERRED OR CONVERTED ONCE ONLY, and to one or more assignees, but the bonds issued and delivered in exchange for this Bond or any portion hereof may be assigned and transferred, and converted, subsequently, as provided in the Bond Ordinance, The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for transferring, converting, and exchanging this Bond or any portion thereof, but the one requesting such transfer, conversion, and exchange shall pay any taxes or governmental charges required to iie paid with respect thereto. The Paying Agent/Registrar shall not be required to make any such assignment, conversion, or exchange (i) during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date, or, (ii) with respect to any Bond or portion thereof called for prepayment or redemption prior to maturity, within 45 days prior to its prepayment or redemption date, IN THE EVENT any Paying Agent/Registrar for this Bond is changed by the Issuer, resigns, or otherwise ceases to art as i i, .j 5 4 Ii Agonda No. _ _e)4 AJonda 11nm ~V W10 such, the Issuer has covenanted in the Bond Ordinance that i~/ promptly will appoint a competent and legally qualified substitute therefor, and promptly will cause written notice thereof to be mailed to the registered owner of this Bond. IT IS HEREBY certified, recited, and covenanted that this Bond has been duly and validly authorized, issued, sold, and delivered; that all acts, conditions, and things required or proper to be performed, exist, and be done precedent to or in n the authorization, issuance, and delivery of this Bond have been performed, existed, and been done in accordance with law; that this Bond is a special obligation of the Issuer, socured by and payable, together with other bonds, from a first lien on and pledge of the "Pledged Revenues", which include initially the 101'et Revenues of the system" as such terms are defined in the Bond Ordinance, with the System consisting of the City's entire combined waterworks, sewer, and electric light and power system. THE ISSUER has reserved the right, subject to the restric- tion stated in the Bond ordinance, to issue Additional Bonds payable from and secured by a first lien on and pledge of the "Pledged Revenues" on a parity with this Bond. THE REGISTERED OWNER hereof shall never have the right to demand payment of this Bond or the interest hereon out of any funds raised or to be raised by taxation or from any source whatsoever other than specified in the Bond Ordinance. BY BECOMING the registered owner of this Bond, the regis- tered owner thereby acknowledges all of the terms and provi- sions of the Bond ordinance, agrees to be bound by such terms and provisions, acknowledges that the Bond ordinance is duly recorded and available for inspection in the official minutes and records of the governing body of the Issuer, and agrees that the terms and provisions of this Bond and the Band Ordi- nance constitute a contract between the registered owner hereof and the Issuer. IN WITNESS WHEREOF, the Issuer has caused this Bond to be signed with the manual signature of the Mayor of the Issuer and counterRigned with the manual signature ce the City secretary of the Issuer, has caused the official seal of the Issuer to be duly impressed on this Bond, and has caused this Bond to be dated MARCH It 1992. City Secretary, Mayor, City of Denton, Texas City of Denton, Texas (CITY SEAL) i 8 L kondu No, nd~ Aoondaitom s`9l? [kilo j FORM OEGISTRATION CERTIFICATE OF THE /,;t COMPTROLLER OF .P UBI; C ACCOUNTS; COMPTROLLERtS REGISTRATION CERTIFICATE: REGISTER NO. I hereby certify that this Bond has been examined, certi- fied as to validity, and approved by the Attorney General of the State of Texas, and that this Band has been registered by the comptroller of Public Accounts of the State of Texas. Witness my signature and seal this Comptroller of Publio Accounts of the State of Texas (COMPTROLLER'S SEAL) Section 6. ADDITIONAL CHARACTERISTICS OF THE BONDS. Registration and Trag,agr. (a) The Issuer shall keep or cause to be kept at the principal corporate trust office of NATIONSBANK OF TEXAS, N.A., FORT WORTH, TEXAS (the "Paying Agent/Registrar") books or records of the registration and transfer of the Bonds (the "Registration Books"), and the Issuer hereby appoints the Paying Agent/Registrar as its registrar and transfer agent to keep such books or records and make such transfers and registrations under such reasonable regulations as the Issuer and Paying Agent/Registrar may prescribe) and the Paying Agent/Registrar shall make such transfers and registrations as herein provided. The Paying Agent/Registrar shall obtain and record in the Registration Books the address of the registered owner of each Bond to which payments with respect to the Bonds shall be mailed, as herein provided) but it shall be the duty of each registered owner to notify the Paying Agent/Registrar in writing of the address to which payments shall be mailed, and such interest payments shall not be mailed unless such notice has been given. The Issuer shall have the right to inspect the Registration Books during regular business hours of the Paying Agent/Registrar, but otherwise the Paying Agent/Registrar shall keep the Regis- tration Books confidential and, unless otherwise required by law, shall not permit their inspection by any other entity. Registration of each Bond may be transferred in the Registra- tion Books only upon presentation and surrender of such Bond to the Paying Agent/Registrar for transfer of registration and cancellation, together with proper written instruments of assignment, in form and with guarantee of signatures satis- factory to the Paying Agent/Registrar, evidencing (i) the assignment of the Bond, or any portion thereof in any integral 9 r. i I' Agenda No.~? ~C)D Agenda Ilom ._Z(~E '4FrC~_ [,flu multiple of $5,000, to the assignee or assignees thereof, and f (ii) the right of such assignee or assignees to have the Bond or any such portion thereof registered in the name of such assignee or assignees. Upon the assignment and transfer of any Bond or any portion thereof, a new substitute Bond or Fronds shall be issued in conversion and exchange therefor in the manner herein provided. The Initial Bond, to the extent of the unpaid or unredeemed principal balance thereof, may be assigned and transferred by the initial registered owner thereof once only, and to one or more assignees designated in writing by the initial registered owner thereof. All Bonds issued and de- livered in conversion of and exchange for the Initial Bond to shall be in any denomination or denominations of any integral multiple of $5,000 (subject to the requirement hereinafter stated that each substitute Bond shall have a single stated principal maturity date), shall be in the form prescribed in the FORM OF SUBSTITUTE BOND set forth in this ordinance, and shall have the characteristics, and may be assigned, trans- ferred, and converted as hereinafter provided. If the Initial Bond or any portion thereof is assigned and transferred or converted the Initial Bond must be surrendered to the Paying Agent/Registrar for cancellation, and each Bond issued in exchange for any portion of the Initial Bond shall have a single stated principal maturity date, and shall not be payable in installmentsi and each such Bond shall have a principal maturity date corresponding to the due date of the installment of principal or portion thereof for which the substitute Bond is being exchangedl and each such Bond shall bear interest at the single rate applicable to and borne by such installment of principal or portion thereof for which it is being exchanged. If only a portion of the Initial Bond is assigned and trans- ferred, there shall be delivered to and registered in the name of the initial registered owner substitute Bonds in exchange for the unassigned balance of the initial Bond in the same manner as if the initial registered owner were the assignee thereof. If any Bond or portion thereof other than the initial Bond is assigned and transferred or converted each Bond issued in exchange therefor shall have the same principal maturity date and bear interest at the same rate as the Bond for which it is exchanged. A form of assignment shall be printed or endorsed on each Bond, excepting the Initial Bond, which shall be executed by the registered owner or its duly authorized attorney or representative to evidence an assignment thereof. Upon surrender of any Bonds or any portion or portions thereof for transfer of registration, an authorized representative of the Paying Agent/Registrar shall make such transfer in the Registration Books, and shall deliver a new fully registered substitute Bond or Bonds, having the characteristics herein described, payable to such assignee or assignees (which then will be the registered owner or owners of such new Bond or 10 r. /,penda No. Agonda Itom Bonds) , or to the previous registered owner in case only a Sl portion of a Bond is being assigned and transferred, all in conversion of and exchange for said assigned Bond or Bonds or any portion or portions thereof, in the same form and manner, and with the same effect, as provided in Section 6(d), below, for the conversion and exchange of Bonds by any registered owner of a Bond. The Issuer shall pay the Paying Agent/ Registrar's standard or customary fees and charges for making g such transfer and delivery of a substitute Bond or Bonds, but the one requesting such transfer shall pay any taxes or other governmental charges required to be paid with respect thereto. The Paying Agent/Registrar shall not be required to make transfers of registration of any Bond or any portion thereof (i) during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date, or, (ii) with respect to any Bond or any portion thereof called for redemption prior to maturity, within 45 days prior to its redemption date. (b) Ownership of Bonds. The entity in whose name any Bond shall be registered in the Registration Books at any time shall be deemed and treated as the absolute owner thereof for all purposes of this Ordinance, whether or not such Bond shall be overdue, and the Issuer and the Paying Agent/Registrar shall not be affected by any notice to the contraryt and payment of, or on account of, the principal of, premium, if any, and interest on any such Bond shall be made only to such registered owner. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. (c) Payment of Bonds-and interest. The Issuer hereby further appoints the Paying Agent/Registrar to act as the paying agent for paying the principal of and interest on the Bonds, and to act as its agent to convert and exchange or replace Bonds, all as provided in this Ordinance. The Paying Agent/Registraz- shall keep proper records of all payments made by the Issuer and the Paying Agent/Registrar with respect to the Bonds, and of all conversions and exchanges of Bonds, and all replacements of Bonds, as provided in this Ordinance, (d) Conversion and Exchange or RQplacement_A,ptgr~ti- cation. Each Bond issued and delivered pursuant to this Ordinance, to the extent of the unpaid or unredeemed principal balance or principal amount thereof, may, upon surrender of such Bond at the principal corporate trust office of the Paying Agent/Registrar, together with a written request therefor duly executed by the registered owner or the assignee or assignees thereof, or its or their duly authorized attorneys or r 11 C Agoma No. vL~ Agonoa representatives, with guarantee of signatures satisfactory tol')Al ~ r) the Paying Agent/Registrar, may, at the option of the regis- tered owner or such assignee or assignees, as appropriate, be converted into and exchanged for fully registered bonds, without interest coupons, in the form prescribed in the FORM OF SUBSTITUTE BOND set forth in this ordinance, in the denomina- tion of $5,000, or any integral multiple of $5,000 (subject to the requirement hereinafter stated that each substitute Bond shall have a single stated maturity date), as requested in a writing by such registered owner or such assignee or assignees, in an aggregate principal amount equal to the unpaid or unre- deemed principal balance or principal amount of any Bond or Bonds so surrendered, and payable to the appropriate registered owner, assignee, or assignees, as the case may be. If the Initial Bond is assigned and transferred or converted r.ach substitute Bond issued in exchange for any portion of the Initial Bond shall have a single stated principal maturity date, and shall not be payable in installments) and each such Bond shall have a principal maturity date corresponding to the due date of the installment of principal or portion thereof for which the substitute Bond is being exchanged) and each such Bond shall bear interest at the single rate applicable to and borne by such installment of principal or portion thereof for which it is being exchanged. If a portion of any Bond (other than the Initial Bond) shall be redeemed prior to its scheduled maturity as provided herein, a substitute Bond or Bonds having the same maturity date, bearing interest at the same rate, in the denomination or denominations of any integral multiple of $5,000 at the request of the registered owner, and in aggregate principal amount equal to the unredeemed portion thereof, will be issued to the registered owner upon surrender thereof for cancellation, If any Bond or portion thereof (other than the initial Bond) is assigned and transferred or converted, each Bond issued in exchange therefor shall have the same principal maturity date and bear interest at the same rate as the Bond for which it is being exchanged. Each substitute Bond shall bear a latter and/or number to distinguish it from each other Bond. The Paying Agent/Registrar shall convert and exchange or replace Bonds as provided herein, and each fully registered bond delivered in conversion of and exchange for or replacement of any Bond or portion thereof as permitted or required by any provision of this ordinance shall constitute one of the Bonds for all purposes of this Ordinance, and may again be converted and exchanged or replaced. It is specifically provided that any Bond authenticated in conversion of and exchange for or replacement of another Bond on or prior to the first scheduled Record Date for the initial Bond shall bear interest from the date of the Initial Bond, but each substitute Bond so authenti- cated after such first scheduled Record Date shall bear inter- est from the interest payment date next preceding the date on 12 } f, ;i Agocida Itom__ Lhto - , 16; 5~9 which such substitute Bond was so authenticated, unless suc Bond is authenticated after any Record Date but on or before the next following interest payment date, in which case it c shall bear interest from such next following interest payment date; provided, however, that if at the time of delivery of any substitute Bond the interest on the Bond for which it is being exchanged is due but has not been paid, then such Bond shall bear interest from the date to which such interest has been paid in full. THE INITIAL BOND issued and delivered pursuant to this ordinance is not required to be, and shall not be, authenticated by the Paying Agent/Registrar, but on each substitute Bond issued in conversion of and exchange for or replacement of any Bond or Bonds issued under this ordinance there shall be printed a certificate, in the form substantially as follows; "PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE It is hereby certified that this Bond has been issued under the provisions of the Bond Ordinance described in this Bond; and that this Bond has been issued in conversion of and exchange for or replacement of a bond, bonds, or a portion of a bond or bonds of an issue which originally was approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas. NATIONSBANK OF TEXAS, N.A., FORT WORTH, TEXAS Paying Agent/Registrar Dated By Authorized Representative" An authorized representative of the Paying Agent/Registrar shall, before the delivery of any such Bond, date and manually sign the above Certificate, and no such Bond shall be deemed to A be issued or outstanding unless such Certificate is so ex- ecuted. The Paying Agent/Registrar promptly shall cancel all Bonds surrendered for conversion and exchange or replacement. No additional ordinances, orders, or resolutions need be passed or adopted by the governing body of the Issuer or any other body or person so as to accomplish the foregoing conversion and exchange or replacement of any Bond or portion thereof, and the Paying Agent/Registrar shall provide for the printing, execu- tion, and delivery of the substitute Bonds in the manner prescribed herein, and said Bonds shall be of type composition printed on paper with lithographed or steel engraved borders of customary weight and strength. Pursuant to Vernon0a Ann. Tex. Civ. St. Art. 717k-6, and particularly Section 6 thereof, the 13 c a t Y i1 Agenda No.. Agenda itam _ C C C' . Rile _ duty of conversion and exchange or replacement Of Bonds as aforesaid is hereby imposed upon the Paying Agent/Registrar, and, upon the execution of the above Paying Agent/Registrar's Authentication Certificate, the converted and exchanged or replaced Mond shall be valid, incontestable, and enforceable in the same manner and with the same effect as the initial Bond which originally was issued pursuant to this ordinance, ap- proved by the Attorney General, and registered by the comptrol- 13r of Public Accounts. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for transferring, converting, and exchanging any Bond or any ` portion thereof, but the one requesting any such transfer, conversion, and exchange shall pay any taxes or governmental charges required to be paid with respect thereto as a condition precedent to the exercise of such privilege of conversion and exchange. The Paying Agent/Registrar shall not be required to make any such conversion and exchange or replacement of Bonds or any portion thereof (i) during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date, or, (ii) with respect to any Bond or portion thereof called for redemption prior to maturity, within 45 days prior to its redemption date. (e) In General. All Bonds issued in conversion and exchange or replacement of any other Bond or portion thereof, (i) shall be issued in fully registered form, without interest coupons, with the principal of and interest on such Bonds to be payable only to the registered owners thereof, (ii) may and shall be redeemed prior to their scheduled maturities, (iii) may be transferred and assigned, (iv) may be converted and ex- changed for other Bonds, (v) shall have the characteristics, (vi) shall be signed and sealed, and (vii) the principal of and interest on the Bonds shall be payable, all as provided, and in the manner required or indicated, in the FORM OF SUBSTITUTE BOND set forth in this Ordinance, (f) Payment of Fees nd Charges. The Issuer hereby covenants with the registered owners of the Bonds that it will (i) pay the standard or customary fees and charges of the Paying Agent/Registrar for its services with respect to the payment of the principal of and interest on the Bonds, when due, and (ii) pay the fees and charges of the Paying Agent/- Registrar for services with respect to the transfer of regis- tration of Bonds, and with respect to the conversion and exchange of Bonds solely to the extent above provided in this ordinance. (g) Substitute A Regl_st_rar. The Issuer covenants with the registered owners of the Bonds that at all C 14 ii Aganda No, (I 7 Qnnnda Ilom times while the Bonds are Outstanding the I Wo 3 ` ~J 0 pany, finan competent and le all ssuer will provide a`y`~~ 5/J institution, or other agency to actkas Lana perform the services of Paying Agent/Registrar for the Bonds under this Ordinance, and that the Paying Agent/Registrar will be one entity, The' Issuer reserves the right to, and may, at its option, change the Paying Agent/Registrar upon not lass than 120 days written t notice to the Paying Agent/Registrar, to be effective not later than 60 days prior to the next p date after such notice, In the event pthat Lthe tentity p tymany time acting as Paying Agent/Registrar s successor by merger, acquisition, or other method) shouldtresign or other- wise cease to act as such, the Issuer covenants that promptly it will appoint a competent and legally qualified bank, trust company, financial institution, or other agency to act as Paying Agent/Registrar under this Ordinance, Upon any change in the Paying Agent/Registrar, the previous Paying Agent/Regis- trar promptly shall transfer and deliver the Registration Books (or a copy thereof), along with all other pertinent books and records relating to the Bonds, to the new Paying Agent/Regis- trar designated and appointed by the Issuer. Upon any change in the Paying Agent/Registrar, the Issuer plll cause written notice thereof to be sent by the newoPayingwAgent/Regia strar to each registered owner of the Bonds, by United States mail, first-class postage prepaid, which notice also shall give the address of the new Paying Agent/Registrar. acceptin the position and performing as such, each Paying gent/Regis trar shall be deemed to have agreed to the provisions of this Ordinance, and a certified copy of this Ordinance shall be delivered to each Paying Agent/Registrar, Section 7, FORM OF SUBSTITUTE BONDS. The form of all Bonds issued in conversion and exchange or replacement of any other Bond or portion thereof, including the form of Paying Bonds, andstherForm o iAssignm nt teo be inted printed an each h such Bonds, shall be, respectively, substantillyas follows,o withe such appropriate variations, omissions, or insertions as are permitted or required by this ordinance, L48M OF SttBSjMQT"Q J" NO. UNITED STATES OF AMERICA PRINCIPAL AMOUNT STATE OF TEXAS $ COUNTY CITY OF DENTON UTILITY SYSTEM REVENUE BOND '-^T SERIES 1992 ~NTERE_, Sq`RaTF ORIGINAL DATE $ HATURLx.J DATE ._-U ~uslp NO - MARCH It 1992 15 Agenda Na. _-L 71_ Agenda Itani [k1to 5 2 ON THE MATURITY DATE specified above in Denton the CITY OF DENON; County, Texas (the "Issuer"), being a political subdivision of the State of Texas, hereby promises to pay to or to the registered assignee hereof (either being hereinafter called the "registered owner") the principal am-ant of and to pay interest thereon from MARCH 11 1992, to the maturity date specified above, or the date of redemption prior to maturity, at the interest rate per annum specified abovet with interest being payable on DECEMBER 1, 1992, and semiannually on each JUNE 1 and DECEMBER 1 thereafter, except that if the date of authentication of this Bond is later than the first Record Date (hereinafter defined), such principal amount shall bear interest from the interest payment date n6xt preceding the date of authentication, unless such date of authentication is after any Record Date (hereinafter defined) but on or before the next following interest payment date, in which case such principal amount shall bear interest from such next following interest payment date. Said interest shall be calculated on the basis of a 360-day year composed of twelve 30-day months. THE PRINCIPAL OF AND INTEREST ON this Bond are payable in lawful money of the United States of America, without exchange or collection charges. The principal of this Bond shall be paid to the registered owner hereof upon presentation and surrender of this Bond at maturity or upon the date fixed for its redemption prior to maturity, at the principal corporate trust office of NATIONSBANK OF TEXAS, N.A., FORT WORTH, TEXAS, which is the "Paying Agent/Registrar" for this Bond. The payment of interest on this Bond shall be made by the Paying Agent/Registrar to the registered owner hereof on each interest payment date by check, dated as of such interest payment date, drawn by the Paying Agent/Registrar on, and payable solely from, funds of the Issuer required by the ordinance authorizing the issuance of the Bonds (the 108ond ordinance") to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter providedi and such check shall be sent by the Paying Agent/Registrar by United States mail, first-class postage prepaid, on each such interest payment date, to the registered owner hereof, at the address of the registered owner, as it appeared at the close of business on the 15th day of the month next preceding each such date (the "Record Date") on the Registration Books kept by the Paying Agent/Registrar, as hereinafter described. Any accrued interest due upon the redemption of this Bend prior to maturity as provided herein c. 16 Agenda Mo. lr~ T~~n - N% Agonda Ilom...~!( r ~C Lilo shall be paid to the registered owner at the principal co po~rdw G~ ate trust office of the Paying Agent/Registrar upon presen- tation and surrender of this Bond for redemption and payment at the principal corporate trust office of the Paying Agent/Regis- trar. The Issuer covenants with the registered owner of this Bond that on or before each principal payment date, interest payment date, and accrued interest payment date for this Bond it will make available to the Paying Agent/Registrar, from the "Interest and sinking Fund" created by the Bond ordinance, the amounts required to provide for the payment, in immediately available funds, of all principal of and interest on the Bonds, when due. IF THE DATE for the payment of the principal of or inter- est on this Bond shall be a Saturday, Sunday, a legal holiday, or a day on which banking institutions in the City where the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which banking institutions are authorized to clcsel and payment on such date shall have the same force and effect as if made on the original date payment was due, THIS BOND is one of an issue of Bonds initially dated MARCH 11 1992, authorized in accordance with the Constitution and laws of the State of Texas in the principal amount of $4,5000000, FOR THE PURPOSE OF OBTAINING MONEY FOR IMPROVEMENTS AND EXTENSIONS OF THE CITY OF DENTON UTILITY SYSTEM, WHICH CONSISTS OF THE CITYtS COMBINED WATERWORKS, SEWER, AND ELECTRIC LIGHT AND POWER SYSTEM. ON DECEMBER It 2001, or on any date whatsoever thereafter, the Bonds of this series may be redeemed prior to their sched- uled maturities, at the option of the Issuer, with funds derived from any available and lawful source, as a whole, or in part, and, if in part, the particular Bonds, or portions thereof, to be redeemed shall be selected and designated by the Issuer (provided that a portion of a Bond may be redeemed only in an integral mu)tiple of $5,000), at the redemption price of the par or principal amount thereof, plus accrued interest to the date fixed for redemption. AT LEAST 90 days prior to the date fixed for any redemp- tion of Bonds or portions thereof prior to maturity a written notice of such redemption shall be published once in a finan- cial publication, journal, or reporter of general circulation among securities dealers in The City of New York, New York (including, but not limited to, The Bond Buyer and The Wall Street Journal), or in the State of Texas (including, but not c 17 i Agenda No, Agenda Item_ S7 ~ 3 L ~ limited to, The Texas Bond Reporter) . Such tic "strait be sent by the Paying Agent/Registrar by United States mail, l first-class postage prepaid, not less than 30 days prior to the date fixed for any such redemption, to the registered owner of each Bond to be redeemed at its address as it appeared on the 45th day prior to such redemption date; provided, however, that the failure to send, mail, or receive such notice, or any defect therein or in the sending or mailing thereof, shall not affect the validity or effectiveness of the proceedings for the redemption of any Bond, and it is hereby specifically provided that the publication of such notice as required above shall be the only notice actually required in connection with or as a 4 prerequisite to the redemption of any Bonds or portions there- of. By the date fixed for any such redemption due provision shall be made with the Paying Agent/Registrar for the payment of the required redemption price for the Bonds or portions thereof which are to be so redeemed, plus accrued interest thereon to the date fixed for redemption. If such written notice of redemption is published and if due provision for such payment is made, all as provided above, the Bonds or portions thereof which are to be so redeemed thereby automatically shall be treated as redeemed prior to their scheduled maturities, and they shall not bear interest after the date fixed for redemp- tion, and they shall not be regarded as being outstanding except for the right of the registered owner to receive the redemption price plus accrued interest from the Paying Agent/ Registrar out of the funds provided for such payment. If a portion of any Bond shall be redeemed a substitute Bond or Bonds having the same maturity date, bearing interest at the same rate, in any denomination or denominations in any integral multiple of $5,000, at the written request of the registered owner, and in aggregate principal amount equal to the unre- deemed portion thereof, will be issued to the registered owner upon the surrender thereof for cancellation, at the expense of the Issuer, all as provided in the Bond ordinance. THIS BOND OR ANY PORTION OR PORTIONS HEREOF IN ANY INTE- GRAL MULTIPLE OF $5,000 may be assigned and shall be trans- ' ferred only in the Registration Books of the Issuer kept by the Paying Agent/Registrar acting in the capacity of registrar for the S)nds, upon the terms and conditions set forth in the Bond ordinance. Among other requirements for such assignment and transfer, this Bond must be presented and surrendered to the Paying Agent/Registrar, together with proper instruments of assignment, in form and with guarantee of signatures satisfac- tory to the Paying Agent/Registrar, evidencing assignment of this Bond or any portion or portions hereof in any integral multiple of $5,000 to the assignee or assignees in whose name or names this Bond or any such portion or portions hereof is or are to be transferred and registered. The form of Assignment C 18 4 F Agenda No, Agenda llam_ S [kilo ✓a ~L_-_ printed or endorsed on this Bond shall be eyecuted by the,?,g-(~/9 registered owner or its duly authorized attorney or represents- l tive, to evidence the assignment hereof. A new Bond or Bonds payable to such assignee or assignees (which then will be the new registered owner or owners of such new Bond or Bonds), or to the previous registered owner in the case of the assignment and transfer of only a portion of this Bond, may be delivered by the Paying Agent/Registrar in conversion of and exchange for this Bond, all in the form and manner as provided in the next paragraph hereof for the conversion and exchange of other c Bonds. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for making such trans- fer, but the one requesting such transfer shall pay any taxes or other governmental charges required to be paid with respect oil thereto. The Paying Agent/Registrar shall not be required to make transfers of registration of this Bond or any portion hereof (i) during the period commenting with the close of business on any Record Date and ending with the opening of business on the next fallowing principal or interest payment date, or, (ii) with respect to any Bond or any portion thereof called for redemption prior to maturity, within 45 days prior to its redemption date. The registered owner of this Bond shall be deer-id and treated by the Issuer and the Paying Agent/Registrar as the absolute owner hereof for all purposes, including payment and discharge of liability upon this Bond to the extent of such payment, and the Issuer and the Paying Agent/Registrar shall not be affected by any notice to the contrary, ALL BONDS OF THIS SERIES are issuable solely as fully registered bonds, without interest coupons, in the denomination of any integral multiple of $5,000. As provided in the Bond Ordinance, this Bond, or any unredeemed portion hereof, may, at the request of the registered owner or the assignee or as- signees hereof, be converted into and exchanged for a like aggregate principal amount of fully registered bonds, without interest coupons, payable to the appropriate registered owner, ignee, or assignees, as the case may be, having the same ~rity date, and bearing interest at the same rate, in any d©ilomination or denominations in any integral multiple of $5,000 as requested in writing by the appropriate registered owner, assignee, ar assignees, as the case may be, upon sur- render of this Bond to the Paying Agent/Registrar for cancella- tion, all in accordance with the form and procedures set forth in the Bond Ordinance. The Issuer shall pay the Paying Agent/- Registrar's standard or customary fees and charges for trans- ferring, converting, and exchanging any Bond or any portion thereof, but the one requesting such transfer, conversion, and exchange shall pay any taxes or governmental charges required to be paid with respect thereto as a condition precedent to the 19 4 %n ~r 1 Fonda No. 9~ "d~ Agonda Itom_X' S~ 9C IN Leto L1~-' y exercise of such privilege of conversion and exchange. Th Paying Agent/Registrar shall not be required to make any such conversion and exchange (i) durit.g the period commencing with tho close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date, or, (ii) with respect to any Bond or portion thereof called for redemption prior to maturity, within 45 days prior to its redemption date. IN THE EVENT any Paying Agent/Registrar for the Bonds is changed by the Issuer, resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Bond Ordinance that it promptly will appoint a competent and legally qualified substi- tute therefor, and promptly will cause written notice thereof' to be mailed to the registered owners of, the Bonds, IT IS HEREBY certified, recited, and covenanted that this Bond has been duly and validly authorized, issued, sold,and de- livered/ that all acts, conditions, and things required or proper to be performed, exist, and be done precedent to or in the authorization, issuance, and delivery of this Band have been performed, existed, and been done in accordance with lawl that this Bond is a special obligation of the Issuer, secured by and payable, together with other bonds, from a first lien on and pledge of the "Pledged Revenues", which include initially the "Net Revenues of the system", as such terms are defined in the Bond Ordinance, with the system consisting of the City's entire combined waterworks, sewer, and electric light and power system, THE ISSUER has reserved the right, subject to the restric- tion stated in the Bond Ordinance, to issue Additional Bonds payable from and secured by a first lien on and pledge of the "Pledged Revenues" on a parity with this Bond and series of which it is a part. , THE REGISTERED OWNER hereof shall never have the right to demand payment of this Bond or the interest hereon out of any funds raised or to be raised by taxation or from any source whatsoever other than specified in the Bond Ordinance. BY BECOMING the registered owner of this Bond, the regis- tered owner thereby acknowledges all of the terms and provi- sions of the Bond Ordinance, agrees to be bound by such terms and provisions, acknowledges that the Bond Ordinance is duly recorded and available for inspection in the official minutes and records of the governing body of the Issuer, and agrees that the terms and provisions of this Bond and the Bond Ordi- nance constitute a contract between each registered owner hereof and the Issuer. i 20 v, Agenda No. _ -v4L Agenda Item Iklo 3 3 L. IN WITNESS WHEREOF, the Issuer has caused this Bond to signed with the facsimile signature of the Mayor of the Issuer /OJ and countersigned with the facsimile signature of the City Secretary of the Issuer, and has caused the official seal of the Issuer to be duly impressed, or placed in facsimile, on this Bond. (facsimile signature} (facsimile signature} City Secretary, Mayor, City of Denton, Texas City of Denton, Texas + (CITY SEAL) FORM OF PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE It is hereby certified that this Bond has been issued under the provisions of the Bond ordinance described in this Bond; and that this Bond has been issued in conversion of and exchange for or replacement of a bond, bonds, or a portion of a bond or bonds of an issue which originally was approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas. NATIONSBANK OF TEXAS, N.A., FORT WORTH, TEXAS Paying Agent/Registrar Dated BY Authorized Representative FORM OF ASSIGNMENT: ASSIGNMENT , FOR VALUE RECEIVED, the undersigned registered owner of this Bond, or duly authorized representative or attorney thereof, hereby assigns this Bond to {Assignee's social (pry or typewrit© Assignee's name and Security or Taxpayer address, including zip code) Identification Number and hereby irrevocably constitutes and appoints 21 Agenda W. ~02~00.7 Agenda Itein (kite attorney to transfer the registration of this Bond on t Paying Agent/Registrar's Registration Books with full power of substitution in the premises. Dated; Signature Guaranteed: NOTICE; The signature must be Registered Owner guaranteed by a member of the NOTICE: The signature above New York Stock Exchange or a must correspond with the name commercial bank or trust of the Registered owner ap- company. pearing on the face of this Bond. Section 8. DEFINITIONS. As used in this Ordinance the following terms shall have the meanings set forth below, unless the text hereof specifically indicates otherwise: (a) The terms "City" and "Issuer" shall mean the city of Denton, in Denton County, Texas. (b) The term "City Council" or "Council" shall mean the governing body of the City. (c) The term "Bonds" shall mean collectively the Initial Band as defined and described in section 2 of this ordinance and all substitute bonds exchanged therefor, and all other substitute bonds and replacement bonds, issued pursuant to and as provided in this Ordinance, (d) The term "Parity Bonds" shall mean collectively (i) the outstanding City of Denton Utility System Refunding Revenue Bonds, Series 1983, authorized by ordinance passed on March 10, 1983 (the "series 1983 Bonds"), (ii) the outstanding City of Denton Utility System Revenue Bonds, Series 1984, authorized by 21, 1 984 ordinance ( iii) edth°e outstanding City9of Denton" UtilitylSystem Bonds"), Revenue Bonds, Series 1984-A, auchorized by ordinance passed on September 25, 1984 (the Series 1984-A Bonds), (iv) the out- standing City of Denton Utility System Revenue Refunding Bonds, Series 1987, authorized by ordinance passed outstanding January 27, 1987 (the series 1987 Bonds" (v) the sCity of Denton Series 1988, authorized by Utility System Revenue Bonds, ordinance passed on August 2, 1988 (the "Series 1988 Bonds"), (vi) the outstanding City of Denton Utility System Revenue and a (vii) passed the Bonds. l89 i Bonds'), ordinance Bonds, 0 1989 Series (the "Series authorized 24 C 22 t Y F i+ Nonda No, Agonda Item_ (e) The term "Additional Bonds" shall meanN.he-addit ona1 - ,/(a parity revenue bonds which the City reserves the right to issueNe r/ in the future, in accordance with Section 25 of this ordinance. (f) The term ",System" shall mean (1) the City's entire existing waterworks and sewer system and the City's entire existing electric light and power system, together with all future extensions, improvements, enlargements, and additions , thereto, and all replacements thereof, and (2) any other related facilities, all or any part of the revenues or income from which do, in the future, at the option of the city, and in accordance with law, become "Pledged Revenues" as hereinafter defined; provided that, notwithstanding the foregoing, and to the extent now or hereafter authorized or permitted by law, the term System shall not mean any water, sewer, electric, or other facilities of any kind which are declared not to be a part of the System, and which are acquired or constructed by the City with the proceeds from the issuance of ."Special Facilities Bonds", which are hereby defined as being special revenue obligations of the City which are not payable from or secured by any Pledged Revenues, but which are secured by and payable from liens on and pledges of any other revenues, sourced, or payments, including, but not limited to, special contract revenues or payments received from any other legal entity in connection with such facilities; and such revenues, sources, or payments shall not be considered as or constitute Gross Rev- enues of the System, unless and to the extent otherwise pro- vided in the ordinance or ordinances authorizing the issuance of such "Special Facilities Bonds". (g) The terms "Gross Revenues of the System" and "Gross Revenues" shall mean all revenues and income of every nature derived or received by the City from the operation and owner- ship of the System, including the interest income from the investment or deposit of money in any Fund created by this ordinance. (h) The terms "Net Revenues of the System", and "Net Revenues" shall mean all Gross Revenues after deducting there- from an amount equal to the current expenses of operation and maintenance of the System, including all salaries, labor, materials, repairs, and extensions necessary to render effi- cient service, provided, however, that only such repairs and extensions, as in the judgment of the city Council, reasonably and fairly exercised by the adoption of appropriate resolu- tions, are necessary to keep the system in operation and render adequate service to said city and the inhabitants thereof, or such as might be necessary to meet some physical accident or condition which would otherwise impair the Bonds or Additional Bonds, shall be deducted in determining "Net Revenues". 2J Vn s? Agenda No. ~a -UD y Agenda Item/s 11C___ Idle ^~~~z= Payments required to be made by the City for water supply or f water facilities, sewer services or sewer facilities, fuel supply, and for the purchase of electric power, which payments under law constitute operation and maintenance expenses of any part of the System, shall constitute and be regarded as er;- penses of operation and maintenance of the System under this ordinance. Depreciation and amortization shall not constitute or be regarded as expenses of operation and maintenance of the system. (i) The term "Pledged Revenues" shall mean (1) the Net Revenues, plus (2) any additional revenues, income, or other resources which are expected to be available to the City on a regular periodic basis, including, without limitation, any grants, donations, or income received or to be received from the United States Government, or any other public or private source, whether pursuant to an agreement or otherwise, which in the future may, at the option of the City, be pledged to the payment of the Parity Bonds or Additional Bonds. (J) The term "year" or "fiscal year" shall mean the fiscal year used by the City in connection with the operation of the System. (k) The term "Government Obligations" shall mean direct obligations of the United States of America, including obliga- tions the principal of and interest on which are uncondition- ally guaranteed by the United States of America, which may be United States Treasury obligations such as its State and Local Government Series, and which may be in book-entry form. Section 9. PLEDGE. (a) The Bonds are "Additional Bonds" as permitted by Sections 24 and 25 of the ordinance passed on March 10, 1983, authorizing the Series 1983 Bondsf and it is hereby determined, declared, and resolved that all of the Parity Bonds (including the Bonds) are secured and payable equally and ratably on a parity, and that Sections 8 through28, of this ordinance are supplemental to and cumulative of Sec- tions 7 through 27 of the aforesaid ordinance passed on March 10, 1983, with Sections 8 through 28 of this ordinance being applicable to all of the Parity Bonds. (b) The Parity Bonds and any Additional Bonds, and the interest thereon, including any interest coupons appertaining thereto, are and shall be secured by and payable from a first lien on and pledge of the Pledged Revenues, and the Pledged 24 h va y _ Adonda No. Agonda Itom ate ~~I3 ~r~ =E2_ Revenues S - are further pledged to the establishment and mainte- nance of the Funds created by this ordinance, and any Funds created by any ordinance authorizing the issuance of any Additional Bonds. The Parity Bonds and any Additional Bonds are not and will not be secured by or payable from a mortgage or deed of trust on any real, personal, or mixed properties constituting the System, Section 10. SYSTEM FUND. There heretofore has been and is hereby created and there shall be established and maintained on the books of the City, and accounted for separate and apart from all other funds of the City, a special fund to be entitled the "City of Denton Utility System Fund" (the "System Fund"). All Gross Revenues shall be credited to the System Fund immedi- ately upon receipt, unless otherwise provided in this Ordi- nance. All current expenses of operation and maintenance of the System shall be paid from such Gross Revenues credited to the system Fund as a first charge against same. Before making any deposits hereinafter required to be made from the System Fund, the city shall retain in the System Fund at all times an amount at least equal to one-sixth of the amount budgeted for the then current fiscal year for the current operation and maintenance expenses of the System. Section 11. INTEREST AND SINKING FUND. For the sole purpose of paying the principal of and interest on all Parity Bonds and Additional Bonds, there heretofore has been and is hereby created and there shall be established and maintained on the books of the City, and accounted for separate and apart from all other funds of the city, a separate fund to be en- titled the "City of Denton Utility System Revenue Bonds Inter- est and Sinking Fund" (the "Interest and Sinking Fund"). Section 12. RESERVE FUND. There heretofore has been, and is hereby, created, and there shall be established and main- tained initially at NationsBank of Texas, N.A., Fort Worth, Texas, and thereafter, at the option of the City, established and maintained at any time at any national bank having a capital and surplus in excess of $25,000,000, a separate fund to be entitled the "City of Denton Utility System Bonds and Additional Bonds Reserve Fund" (the "Reserve Fund"). The Reserve Fund shall be used to pay the principal of and interest on any Parity Bonds or Additional Bonds when and to the extent the amounts in the Interest and Sinking Fund available for such payment are insufficient for such purpose, and may be used for the purpose of finally retiring the last of any Parity Bands or Additional Bonds, Section 13. EXTENSION AND IMPROVEMENT FUND. There heretofore has been and is hereby created and there shall be 25 j' AQanda Ilam_ WI" t established and maintained on the books of the City, and accounted for separate and apart from all other funds of the City a separate fund to be entitled the "City of Denton Utility System Extension and Improvement Fund" (the "Extension and Improvement Fund"). The Extension and Improvement Fund shall be used for the purpose of paying the costs of improve- ments, enlargements, extensions, additions, replacements, or a other capital expenditures related to the System, or for paying the costs of unexpected or extraordinary repairs or replace- ments of the System for which System funds are not available, or for paying unexpected or extraordinary expenses of operation and maintenance of the System for which System funds are not otherwise available, or for any other lawful purpose. Section 24. EMERGENCY FUND. There is hereby created and there shall be established and maintained on the books of the City, and accounted for separate and apart from all other funds of the city, a separate fund to be entitled the "City of Denton Utility System Emergency Fund" (the "Emergency Fund"). The Emergency Fund shall be used for the purpose of paying unex- pected or extraordinary expenses of repair, replacement, operation, and maintenance of the System for which neither System funds nor the moneys in the Extension and Improvement Fund are available. There was deposited in the Emergency Fund simultaneously with the delivery of the Series 1983 Bonds to the initial purchasers thereof from lawfully available funds of the City the amount of $250,000. All investment interest income from the Emergency Fund shall be transferred to the system Fund as received. Section 15, DEPOSITS OF PLEDGED REVENUES. Pledged Revenues shall be credited to or deposited in the Interest and Sinking Fund, the Reserve Fund, the Extension and Improvement Fund, and other funds when and as required by this ordinance and any ordinance authorizing the issuance of Additional Bonds. Section 16. INVESTMENTS. Money in any Fund established pursuant to this Ordinance or any ordinance authorizing the issuance of Additional Bonds, may, at the option of the City, be placed in time deposits or certificates of deposit secured by obligations of the type hereinafter described, or be in- vested in Government Obligations (as defined in Section 8 hereof) or obligations guaranteed or insured by the United States of America, which, in the opinion of the Attorney, General of the United States, are backed by its full faith and credit or represent ito general obligations, or invested in obligations of instrumentalities of the United states of America, including, but not limited to, evidences of indebted- ness issued, insured, or guaranteed by such governmental agencies as the Federal Land Banks, Federal Intermediate credit . 26 't 1} i, Agenda No, - ~Ja l~D Agenda llem__le. ~~(1 Date Banks, Banks for Cooperatives, Federal Home Loan Banks, Govern ment National Mortgage Association, United States Postal Service, Farmers Home Administration, Federal Home Loan Mort- gage Association, Small Business Administration, Federal C Housing Association, or Participation Certificates in the Federal Assets Financing Trust; provided that all such deposits and investments shall be made in such manner as will, in the opinion of the City, permit the money required to be expended from any Fund to be available at the proper time or times as expected to be needed. Such investments (except United states Treasury Obligations--State and Local Government Series invest- ments held in book entry form, which shall at all times be valued at cost) shall be valued in terms of current market ' value as of the last day of each fiscal year. Unless otherwise set forth herein, all interest and income derived from such deposits and investments immediately shall be credited to, and any losses debited to, the Fund from which the deposit or r investment was made, and surpluses in any Fund shall or may be disposed of as hereinafter provided. Such investments shall be sold promptly when necessary to prevent any default in con- nection with the Parity Bonds or Additional Bonds consistent with the ordinances, respectively, authorizing their issuance. Section 17. FUNDS SECURED. That money in all Funds created by this Ordinance, to the extent not invested, shall be secured in the manner prescribed by law. Section 18, PRIORITY OF DEPOSITS AND PAYMENTS FROM SYSTEM FUND, That the City shall make the deposits and payments from Pledged Revenues in the System Fund when and as required by this Ordinance and any ordinance authorizing any Additional Bonds, and such deposits shall be made in the following manner and with the following irrevocable priorities, respectively: First, to the Interest and Sinking Fund, when and in the amounts required by this ordinance and any ordinance authorizing any Additional Bonds; A Second, to the Reserve Fund, when and in the amounts required by this ordinance and any ordinance authorizing any Additional Bonds; and Third, to the Extension and Improvement Fund, when and as required by Section 21 of this ordinance. Section 19. INTEREST AND SINKING FUND REQUIREMENTS, The City shall cause to be deposited to the credit of the Interest and Sinking Fund the accrued interest and any premium received from the sale of the initial Bond, and on or before the 25th day of each month, the city shall cause to be deposited to the 27 i 1 v. ii AaanrJa No, Aponda ltam Date _A S ~ 2' _ credit of the interest and sinking Fund, in approximately equiT/ monthly payments, amounts sufficient, together with any other funds on hand therein, to pay all of the interest or principal and interest coming due, including the principal amount of any Parity Bonds required to be redeemed prior to maturity pursuant to any mandatory redemption requirements, on the Parity Bonds and any Additional Bonds on the next succeeding interest payment date. Any moneys so deposited in the Interest and Sinking Fund with respect to a mandatory redemption require- ment, together with other lawfully available funds of the City, may be used by the City, to purchase, in advance of a mandatory redemption date and at a price not exceeding the principal amount thereof plus accrued interest thereon to the date of " purchase, Parity Bonds which would be subject to being chosen for mandatory redemption on such mandatory redemption date, The Paying Agent shall cancel any Parity Bonds so purchased. Section 20. RESERVE FUND REQUIREMENTS. There is now on hand in the Reserve Fund an amount of money and Government obligations which is in excess of $3,000,000 and which is at least equal to the average annual principal and interest requirements of the Series 1983 Bonds, the Series 1984 Bonds, the Series 1984-A Bonds, the Series 1987 Bonds, the Series 1988 Bonds, and the Series 1989 Bonds (the current "Required Reserve Amount")l except and provided that following the issuance and delivery of the Initial Bond (Series 1992) the Required Reserve Amount shall become and be an amount of money and investments equal to the average annual principal and interest requirements of all the outstanding Parity Bonds and Additional Bonds; provided further, however, that the Required Reserve Amount shall never be less than $3,000,000 if the maximum annual principal and interest requirements on all outstanding Parity Bonds and Additional Bonds exceeds $3,000,000. Immediately after the issuance and delivery of the Initial Bond there shall be deposited to the credit of the Reserve Fund, from the proceeds of the sale of the Initial Band, money sufficient to cause the Reserve Fund to contain an aggregate amount of money and investments equal to the average annual principal and interest requirements of all then outstanding Parity Bonds (the then Required Reserve Amount). After the delivery of any future Additional Bonds the City shall cause the Reserve Fund to be increased, if and to the extent necessary, so that such Fund will contain an amount of money and investments equal to the Required Reserve Amount. Any increase in the Required Reserve Amount may be funded from Pledged Revenues, or from proceeds from the sale of any Additional Bonds, or any other available source or combination of sources. All or any part of the Required Reserve Amount not funded initially and immediate- ly after the delivery of any installment or Issue of Additional Bonds shall be funded, within not more than five years from the 28 \ 6~ - 111 I, ion W Agenda No Agenda Item ~S f/ Date ~Jl_ti J.z4/ date of such delivery, by deposits of Pledged Revenues in approximately equal monthly installments on or before the 25th day of each month. Principal amounts of the Parity sands and any Additional Bonds which must be redeemed pursuant to any applicable mandatory redemption requirements shall be deemed to be maturing amounts of principal for the purpose of calculating principal and interest requirements on such bonds, when and so long as the amount in the Reserve Fund is not less than the Required Reserve Amount no deposits shall be made to the credit of the Reserve Fund; but when and if the Reserve Fund at any time contains less than the Required Reserve Amount, then the City shall transfer from Pledged Revenues in the System Fund, ,r and deposit to the credit of the Reserve Fund, monthly on or before the 25th day of each month, a sum equal to 1/60th of the Required Reserve Amount, until the Reserve Fund is restored to the Required Reserve Amount. The City specifically covenants that when and so long as the Reserve Fund contains the Required. Reserve Amount, the City shall cause all amounts in excess of the Required Reserve Amount to be deposited to the credit of the interest and Sinking Fund. Section 21. EXTENSION AND IMPROVEMENT FUND REQUIREMENTS. During each year, subject and subordinate to making the re- quired deposits to the credit of the interest and Sinking Fund and the Reserve Fund, the City shall be required to deposit to the credit of the Extension and Improvement Fund, from Pledged Revenues in the System Fund, an amount equal to 8% of the "Adjusted Gross Revenues of the System", which term is hereby defined to mean the following: the Gross Revenues of the System for such year after deducting from such Gross Revenues an amount equal to the current expenses of operation and maintenance of the System for such year which are directly attribut- able to (i) all fuel costs related to the production of electric energy by the City and/or (ii) the pur- chase of electric energy by the city. Additional excess Pledged Revenues may, at the option of the City council, be deposited to the credit of the Improvement Fund as permitted by Section 22 (b) hereof, but no such addi- tional deposit is required. All investment interest income from the Extension and Improvement Fund shall be retained in and remain a part of such Fund. Section 22. DEFICIENCIESI EXCESS PLEDGED REVENUES. (a) If on any occasion there shall not be sufficient Pledged Revenues to make the required deposits into the Interest and Sinking Fund or the Reserve Fund, such deficiency shall be made c 29 r is f Agenda No..rl~ -ODZ-. Agenda Item 9('7 . up as soon as possible from the next available Pledged Rev-,) enues. UU (b) Subject to making the required depot sits to then ee i of the various Funds when and as required by his ordi or any ordinance authorizing the issuance ofh Addition for Bonds, any surplus Pledged Revenues may be used by City any lawful purpose. Section 23. PAYMENT OF PARITY BONDS AND ADDITIONAL BONDS. ore each on or before June 1, 1992, and semiannually on the Parity Bonds c December 1 and June 1 thereafter while any o shall or Additional Bonds are outstand tints and unp od the City the necesstherefr out of make available to Fund, Paying i Agents ary, out of the Reserve Interest and Sinking g on each of such dates, the Fund, money sufficient to pay, principal of and interest on the Parity Bonnds }aon red dit the onal Bonds as the same matures and comes due, either uon Parity Bonds or Additional Bonds prior to maturity, eAt the Cit mandatory redemption or at the opAtiBeontsondso, fslt 11 either deliver direction Sonde l and the Additional and any interest paid Parity y coupons appertaining thereto, to the City or destroy all paid Parity Bonds and Additional Bonds, and any coupons tificate certificate thereto, and furnish the city with an appropriate of cancellation or destruction. Section 24. FINAL DEPOSITS. (a) Any Parity Bond or aid, retired, and no Additional Bond shall deemed to be of this Ordinance when longer outstanding g within payment of the principal of, redemption premium, if any, on such Parity Bond or Additional Bond, plus interest thereon to the due date thereof (whether such due date be by reason have maturity, upon redemption, or otherwise) either (i) shall been made or caused to be made ian accordance required notice of terms thereof (including the giving tion or provision for the proper giving of such notice having been made), or (ii) shall have been provided by irrevocably depositing with or making available to a paying Agent therefor, in trust and irrevocably set aside exclusively for(~'c pay- _ ment, (1) money sufficient to make such payment mObligations which mature as to principal and interest in such amounts and at such times as will insuremthe availabilitt, moneynsationak, and expenses without reinvestment, of sufficient and all necessary and proper to the Parity Bonds and Addi- tional suc: uch Paying Agent pertaining Bonds with respect to whtheresuch deosit of prop ided is for adde s o satisfaction of such h paying hall have been paid or the pyment aying agent. At such time as a Bond or Additional Bond shall be deemed to be paid hereunder, as 30 ~t r; ! Y j c,s Adonda No. -e- 7 Agenda ilam 'fie 5,41 aforesaid, it shall no longer be secured by or entitled to th ~f yT benefits of this ordinance or a lien on and pledge of the C Pledged Revenues, and shall be entitled to payment solely from such money or Government obligations, (b) Any moneys so deposited with a paying agent may at the direction of the City also be invested in Government obligations, maturing in the amounts and times as hereinbefore set forth, and all income from all Government Obligations in the hands of the paying agent pursuant to this Section which is o not required for the payment of the Parity Bonds and Additional Bonds, the redemption premium, if any, and interest thereon, with respect to which such money has been so deposited, shall be turned over to the City or deposited as directed by the City. Section 25. ADDITIONAL BONDS, (a) The City shall have the rigbt and power at any time and from time to time, and in one or more series or issues, to authorize, issue, and deliver additional parity revenue bonds (herein called "Additional Bonds"), in accordance with law, in any amounts, for any lawful purpose, including the refunding of any Parity Bonds or Addi- tional Bonds, or other obligations, Such Additional Bonds, if and when authorized, issued, and delivered in accordance with this ordinance, shall be payable from and secured by an irrev- ocable first lien on and pledge of the Pledged Revenues, equally and ratably on a parity in all respects with the Parity Bonds and any other outstanding Additional Bonds. (b) The principal of all Additional Bonds must be sched- uled to be paid or mature on December 1 of the years in which such principal is scheduled to be paid or mature, Section 26. FURTHER REQUIREMENTS FOR ADDITIONAL BONDS. Additional Bonds shall be issued only in accordance with this ordinance, and no installment, Series, or issue of Additional Bonds shall be issued or delivered unless: (a) The Mayor of the City and the City secretary sign a written certificate to the effect that the City is not in default as to any covenant, condition, or obligation in connec- tion with all then outstanding parity Bonds and Additional Bonds, and the ordinances authorizing same, and that the 2nterest and Sinking Fund and the Reserve Fund each contains the amount then required to be therein. (b) An independent certified public accountant, or in- dependent firm of certified public accountants, acting by and through a certified public accountant, signs a written certifi- cate to the effect that, in his or its opinion, during either 31 t~ r pl AQonda No. AQonda the next preceding fiscal year,, or any twelve consecutivs- calendar month period out of the 18-month period immediately preceding the month in which the ordinance authorizing the issuance of the then proposed Additional Bonds is passed, the Pledged Revenues were at least (1) 1.25 times an amount equal to the average annual principal and interest requirements, and (11) 1.10 times an amount equal to the principal and interest requirements during the fiscal year during which such require- ments are scheduled to be the greatest, of a-1 Parity Bonds and Additional Bonds which are scheduled to be outstanding after the delivery of the then proposed Additional Bonds. It is specifically provided, however, that in calculating the amount of Pledged Revenues for the purposes of this subsection (b), if there has been any increase in the rates or charges for ser- vices of the System which is then in effect, but which was not in effect during all or any part of the entire period for which the Pledged Revenues are being calculated (hereinafter referred to as the "entire period") then the certified public account- ant, or in lieu of the certified public accountant a firm of consulting engineers, shall determine and certify the amount of Pledged Revenues as being the total of (i) the actual Pledged Revenues for the. entire period, plus (ii) a sum equal to the aggregate amount by which the actual billings to customers of the System during the entire period would have been increased if such increased rates or charges had been in effect during the entire period. (c) Provision shall be made in the ordinance authorizing their issuance for increasing the Reserve Fund to the Required Reserve Amount as required by Section 20 hereof. (d) All calculations of average annual principal and interest requirements of any bonds made in connection with the issuance of any then proposed Additional Bonds shall be made as of the date of such Additional Bonds; and also in making calculations for such purpose, and for any other purpose under this Ordinance, principal amounts of any bonds which must be redeemed prior to maturity pursuant to any applicable mandatory redemption requirements shall be deemed to be maturing amounts of principal of such bonds. Section 27. GENERAL COVENANTS. The City further cove- nants and agrees that in accordance with and to the extent required or permitted by law: (a) pgX ormance. It will faithfully perform at all times any and all covenants; undertakings, stipulations, and provi- sions contained in this Ordinance, and each ordinance authoriz- ing the issuance of Additional Bonda, and in each and every Parity Bond and Additional. Bond; that it will promptly pay or 4 32 e i ~h Agondo Hom.__ j cause to be paid the principal of and interest on every Party ~f Bone and Additional Bond, on the dates and in the places and manner prescribed in such ordinances and Parity Bonds or Additional Bonds; and that it will, at the times and in the manner prescribed, deposit or cause to be deposited the amounts required to be deposited into the Interest and Sinking Fund and the Reserve Fund; and any holder of the Parity Bonds or Addi- tional Bonds may require the City, its officials, and em- ployees, to carry out, respect, or enforce the covenants and obligations of this ordinance, or any ordinance authorizing the issuance of Additional Bonds, by all legal and equitable means, including specifically, but without limitation, the use and filing of mandamus proceedings, in any court of competent jurisdiction, against the City, its officials, and employees. (b) i~ tvfs Leca_J_&Uthority. The City is a duly created and existing home rule city of the State of Texas, and is duly authorized under the laws of the State of Texas to create and issue the Parity Bonds and Additional Bonds; that all action on its part for the creation and issuance of the said obligations has been or will be duly and effectively taken, and that said obligations in the hands of the holders and owners thereof are and will be valid and enforceable special obligations of the city in accordance with their terms. (c) Title. The City has or will obtain lawful title to the lands, buildings, structures, and facilities constituting the System, that it warrants that it will defend the title to all the aforesaid lands, buildings, structures, and facilities, and every part thereof, for the benefit of the holders and owners of and the demands t of Bons an all persons Additional whomsoever, that ai it tishe claims lawfully qualified to pledge the Pledged Revenues to the such rights, prescribed herein, andghasslawand fully Additional d n manner (d) Liens. The City will from time to time and before the same become delinquent pay and discharwhichlsh taxes, law- fully and governmental charges, if any, fully imposed upon it, or the System, that it will pay all lawful claims for rants, royalties, labor, materials, and supplies which if unpaid might by law become a lien or charge thereon, the lien of which would be prior to or interfere with the liens hereof, so that the priority of the liens granted hereunder shall be fully preserved in the manner provided herein, and that it will not create or suffer to be created any mechanic's, the liens other hereof,~ or doaore or could A be prior materialman's, which might or suffer ymatter fr prthing whereb the liens ovided, howevar, that no hereof uoh might tax, could be impaired 33 4 1 Agenda No. - ~ Agenda Itom_ Dale_ & assessment, or charge, and that no such claims which might~be l/ used as the basis of a mechanic's, laborer's, materialman's, or other lien or charge, shall be required to be paid so long as the validity of the same shall be contested in good faith by the City. (e) Operation of System; No Free Service. While the 4 Parity Bonds or any Additional Bonds are outstanding and unpaid the city shall continuously anti efficiently iperate the system, and shall maintain the System in good condition, repair, and working order, all at reasonable cost. No free service of the System shall be allowed, and should the City or any of its , agencies, instrumentalities, lessors, or concessionaires make use of the services and facilities of the System, payment monthly of the standard retail price of the services provided shall be made by the City or any of its agencies, instrumen- talities, lessors, or concessionaires out of funds from sources other than the revenues of the System, unless made from surplus Pledged Revenues as permitted by Section 22(b) hereof. (f) Further F.nnum rance. While the Parity Bonds or any Additional Bonds are outstanding and unpaid, the City shall not additionally encumber the Pledged Revenues in any spanner, except as permitted in this ordinance in connection with Additional Bonds, unless said encumbrance is made junior and subordinate in all respects to the liens, pledges, covenants, and agreements of this ordinance and any ordinance authorizing the issuance of Additional Bonds; but the right of the city to issue revenue bonds payable from a subordinate lien on surplus Pledged Revenues is specifically recognized and retained, as permitted under Section 22(b) hereof). (g) Sale or Disposal of Property. While the Parity Bonds or any Additional Bonds are outstanding and unpaid, the city shall not sell, convey, mortgage, encumber, lease, or in any manner transfer title to, or dedicate to other use, or other- wise dispose of, the System, or any significant or substantial part thereof; provided that whenever the City deems it neces- sary to dispose of any property, machinery, fixtures, or equipment, or dedicate such property to other use, it may do so either when it has made arrangements to replace the some or provide substitutes therefor, or it is determined by resolution of the City Council that no such replacement or substitute is necessary. (h) jnsurangg. (1) The city shall cause to be insured such parts of the System as would usually be insured by corpor- ations operating like properties, with a responsible insurance company or companies, against risks, accidents, or casualties against which and to the extent insurance is usually carried by 34 Y. Aoonda Na. Agenda Iloni-_ Se Qit4 corporations operating like properties, including, to 7' the extent reasonably obtainable, fire and extended coverage insurance, insurance against damage by floods, and use and occupancy insurance. Public liability and property damage insurance also shall be carried unless the City Attorney gives a written opinion to the effect that the City is not liable for claims which would be protected by such insurance. All insur- ance premiums shall be paid as an expense of operation of the System. At any time while any contractor engaged in construc- tion work shall be fully responsible therefor, the City shall not be required to carry insurance on the work being con- structed if the contractor is required to carry appropriate insurance. All such policies shall be open to the inspection of the Bondholders and their representatives at all reasonable times. Upon the happening of any loss or damage covered by insurance from one or more of said causes, the city shall make due proof of loss and shall do all things necessary or desir- able to cause the insuring companies to make payment in full directly to the City. The proceeds of insurance covering such property, together with any other funds necessary and available for such purpose, shall be used forthwith by the City for repairing the property damaged or replacing the property destroyed; provided, however, that if said insurance proceeds and other funds are insufficient for such purpose, then said insurance proceeds pertaining to the System shall be deposited in a special and separate trust fund, at an official depository of the City, to be designated the insurance Account. The Insurance Account shall be held until such time as other funds become available which, together with the Insurance Account, will be sufficient to make the repairs or replacements origin- ally required. (2) The annual audit hereinafter required may contain a section commenting on whether or not the City has complied with the requirements of this Section with respect to the mainte- nance of insurance, and shall state whether or not all insur- ance premiums upon the insurance policies to which reference is made have been paid. (i) Annual Budget armed Rate Covenant. The City shall prepare, prior to the beginning of each fiscal year, an annual budget, in accordance with law, reflecting an estimate of cash receipts and disbursements for the ensuing fiscal year in sufficient detail to indicate the probable Gross Revenues and Pledged Revenues for such fiscal year. The City shall fix, establish, maintain, and collect, such rates, charges, and fees for the use and availability of the System at all times as are necessary (1) to produce Gross Revenues sufficient, together \ with any other Pledged Revenues, to pay all current operation and maintenance expenses of the System, and (2) to produce an r 35 t: ~j Agenda No. ' C)O Agenda lent, S In to amount of Pledged Revenues during each fiscal year at le st 9 equal to the greater of 1.25 times the average annual principal and interest requirements of all then outstanding Parity Bonds and Additional Bonds or 1.25 times the succeeding fiscal year's principal and interest requirements of all then outstanding Parity Bonds and Additional Bonds. (J) ecords. The City shall keep proper books of record and account in which full, true, proper, and correct entries ° will be made of all dealings, activities, and transactions relating to the System, the Pledged Revenues, and the Funds created pursuant to this ordinance, and all books, documents, and vouchers relating thereto shall at all reasonable times be J made available for inspection upon request of any Bondholder or citizen of the City. To the extent consistent with the provi- sions of this Ordinance, the City shall keep its books and records in a manner conforming to standard accounting practices as usually would be followed by private corporations owning and operating a similar System, with appropriate recognition being given to essential differences between municipal and corporate accounting practices. (k) Audits. After the close of each fiscal year while any of the Parity Bonds or any Additional Bonds are outstand- ing,the system will be and the made of the books to Pledged Revenues a by an accounts ideperinden~,ing certified public accountant or an independent firm of certified public accountants. As soon as practicable after the close of each such year, and when said audit has been completed and made available to the City, a copy of such audit for the preceding year shall be mailed to the Municipal Advisory Council of Texas, to each paying agent for any bonds payable from Pledged Revenues, and to any Bondholders who shall so request in writing. The annual audit reports shall be open to the inspec- tion of the Bondholdern and their agents and representatives at all reasonable times. (1) Governmental Agencies. It will comply with all of the terms and conditions of any and all franchises, permits, and authorizations applicable to or necessary with respect to the system, and which have been obtained from any governmental agencyt and the City has or will obtain and keep in full force and affect all franchises, permits, authorization, and other requirements applicable to or necessary with respect to the acquisition, construction, equipment, operation, and mainte- nance of the system. (m) No Comps ti=. it will not operate, or grant an franchise or, to the extent it legally may, permit the acquisi- tion, construction, or operation of, any facilities which would 36 I 'I +~onda No, ~ _ Agorida item be in competition with the System Elie ~ e legally may, the city will prohibit and to the extent that je ties, any such competing facili- (n) No Arbitrage Purchasers of the ty o e Citd covenants to and with the nds any covenants Bonds that no tuse ime wilthl be roughout made the of t the erm pofCanys of any bo such bonds at an ` use had been reason abl Y of such bonds which any of such bonds and y expected on the date of deliverf such have caused any of such mbonds to eat therbeefor by the y of any purchasers, would meaning of section 103(c) of the Internal t Revenue dCode toff 1 54 0 as amended, or the internal Revenue Code of 1986, or any r gulatiofs o rulings pertaining mthereto; and b igated to y this coveant aforesaid Codes and all comply with the requirements of the the esaid r applicable and pertinent Department of Treay regulations relating to arbitrage bonds. The City further otherwiseobenused dithat proceeds of all such bonds will not or indirectl any part of such bonds to be or become arbitrage bonds within the meaning of the aforesaid Codes, or any regulations pertain- ing thereto. section 28, AMENDMENT OF ORDINANCE, (a) The holders or owners of Parity Bonds and Additional Bonds aggregating in principal amount 51% of the aggregate outstanding Parity Bonds and Add Additional Bo dsalshall amounthave then right from time to time to approve any amendment to this ordinance which may be deemed necessary or desirable by the City, provided, however, that nothing herein contained shall the ndment of conditionsbinrthisro dinar errort in theeParity Bondseo arms and tional Bonds so as to: or Addi standing ;Make any change in the maturity of the out- Y Bonds or Additional Bonds; the outntandingePathe rity aBonds ortAdditionaleBob any nds; of (3) Reduce the amount of the principal payable on the outstanding Parity Bonds or Additional Bonds; of or(i)nterestfontthet outstanding parity Bonds or Addi- tional Bonds, or impose any conditions with respect to such payment; less than alleof the Parity Bonds the owners and holders Additional Bonds 4C, 37 I A Agenda No. W1a then outstanding; (6) Change the minimum percentage of the prin- cipal amount of Parity Bonds and Additional Bonds neces- sary for consent to such amendment. (b) If at any time the City shall desire to amend the ordinance under this Section, the City shall cause notice of the proposed amendment to be published in a financial publica- tion of general circulation in The City of New York, New York, once during each calendar week for at least two successive , calendar weeks. Such notice shall briefly get forth the nature of the proposed amendment and shall state that a copy thereof is on file at the principal office of the Paying Agents for inspection by all holders or owners of Parity Bonds and Addi- tional Bonds. Such publication is not required, however, if P notice in writing is given to each holder or owner of Parity Bonds and Additional Bonds. (c) Whenever at any time not less than thirty days, and within one year, from the date of the first publication of said notice or other service of written notice the City shall receive an instrument or instruments executed by the holders or owners of at least 51% in aggregate principal amount of all Parity Bonds and Additional Bonds then outstanding, which instrument or instruments shall refer to the proposed amendment described in said notice and which specifically consent to and approve such amendment in substantially the form of the copy thereof on file with the Paying Agents, the city council may pass the amendatory ordinance in substantially the same form. (d) Upon the passage of any amendatory ordinance pursuant to the provisions of this Section, this Ordinance shall be deemed to be amended in accordance with such amendatory ordi- nance, and the respective rights, duties, and obligations under this Ordinance of the city, and all the holders or owners of then outstanding Parity Bonds and Additional Bonds and all future Parity Bonds and Additional Bonds shall thereafter be determined, exercised, and enforced hereunder, subject in all respects to such amendments. (e) Any consent given by the holder or owner of a Parity Bond or Additional Bond pursuant to the provisions of this section shall be irrevocable for a period of six months from the date of the first publication ok the notice provided for in this Section, and shall be conclusive and binding upon all future holders or owners of the same Parity Bond or Additional Bond during such period. such consent may be revoked at any time after six months from the date of the first publication of such notice by the holder or owner who gave such consent, or by 38 :I i' Agonda No. Agonda Item S ~ C LUto . ~ 2 a successor in title, by filing notice thereof with the pa yin agents and the City, but such revocation shall not be effective if the holders or owners of 51% in aggregate principal amount of the then outetanding Parity Bonds and Additional Bonds as in this Section defined have, prior to the attempted revocation, consented to, and approved the amendment. (f) For the purpose of this Section, the fact of the holding of Parity Bonds or Additional Bonds which are in a bearer, coupon form, by any bondholder and the amount and numbers of such bearer Parity Bonds or Additional Bands and the date of their holding same, may be proved by the affidavit of the person claiming to be such holder or owner, or by a certi- ficate executed by any trust company, bank, banker, or any other depository wherever situated showing that at the date therein mentioned such person had on deposit with such trust company, bank, banker, or other depository, the Parity Bonds and Additional Bonds described in such certificate. The City may conclusively assume that such ownership continues until written notice to the contrary is served upon the City. The ownership of all registered Parity Bonds and Additional Bonds shall be determined from the registration books kept by the registrar therefor. Section 29. DAMAGED, MUTILATED, LAST, STOLEN, OR DE- STROYED BONDS. (a) Replacement Bonds. In the event any outstanding Bond is damaged, mutilated, lost, stolen, or destroyed, the Paying Agent/Registrar shall cause to be print- ed, executed, and delivered, a new bond of the same principal amount, maturity, and interest rate, as the damaged, mutilated, lost, stolen, or destroyed Bond, in replacement for such Bond in the manner hereinafter provided. (b) Application for Re aceMent Bonds. Application for replacement of damaged, mutilated, lost, stolen, or destroyed Bonds shall be made by the registered owner thereof to the Paying Agent/Registrar. In every case of loss, theft, or destruction of a Bond, the registered owner applying for a replacement bond shall furnish to the Issuer and to the Paying Agent/Registrar such security or indemnity as may be required by them to save each of them harmless from any loss or damage with respect thereto. Also, in every case of loss, theft, or destruction of a Bond, the registered owner shall furnish to the Issuer and to the Paying Agent/Registrar evidence to their satisfaction of the 103s, theft, or destruction of such Bond, as the case may be. In every case of damage or mutilation of a Bond, the registered owner shall surrender to the Paying Agent/Registrar for cancellation the Band so damaged or muti- lated. ~J 39 r Agenda Item_ les /,S (c) No Default Occu re Notwithstanding the foregoing provisions of this Section, in the event any such Bond shall have matured, and no default has occurred which is then con- tinuing in the payment of the principal of, redemption premium, if any, or interest on the Bond, the Issuer may authorize the payment of the same (without surrender thereof except in the case of a damaged or mutilated Bond) instead of issuing a replacement Bond, provided security or indemnity is furnished as above provided in this Section. (d) Cha e o Issuing Replacement Bonds. Prior to the issuance of any replacement bond, the Paying Agent/Registrar shall charge the registered owner of such Bond with all legal, printing, and other expenses in connection therewith. Every replacement bond issued pursuant to the provisions of this Section by virtue of the fact that any Band is lost, stolen, or destroyed shall constitute a contractual obligation of the I.3suer whether or not the lost, stolen, or destroyed Bond shall be found at any time, or be enforceable by anyone, and shall be entitled to all the benefits of this ordinance equally and proportionately with any and all other Bonds duly issued under this ordinance. (e) Issuer for Issuing ReDlagement Bonds. In accordance with Section 6 of Vernon's Ann. Tex. Civ. St. Art. 717k-6, this Section of this ordinance shall constitute authority for the issuance of any such replacement bond without necessity of further action by the governing body of the Issuer or any other body or person, and the duty of the replacement of such bonds is hereby authorized and imposed upon the Paying Agent/Regis- trar, and the Paying Agent/Registrar shall authenticate and deliver such Bonds in the form and manner and with the effect, as provided in Section 6(d) of this ordinance for Bonds issued in conversion and exchange for other Bands. Section 30. COVENANTS REGARDING TAX-EXEMP'T'ION. The Issuer covenants to refrain from any action which would ad- versely affect, and to take such action to ensure, the treat- ment of the Bonds as obligations described in section 103 of the Code, the interest on which is not includable in the "gross income" of the holder for purposes of federal income taxation. In furtherance thereof, the Issuer covenants as follows: (a) to take any action to assure that no more than 10 percent of the proceeds of the Bonds (less amounts deposited to a reserve fund, if any) are used for any "private business use", as defined in section 141(b)(6) of the Code or, if more than 10 percent of the proceeds are 1`• 40 h I f( 'i Agenda PIo. _ L Agenda Ilem Wo _ _J2.a 921-__ p (c) No Default Occurred. Notwithstanding the foregoing provisions of this Section, in the event any such Bond shall have matured, and no default has occurred which is then con- tinuing in the payment of the principal of, redemption premium, if any, or interest on the Bond, the Issuer may authorize the payment of the same (without surrender thereof except in the case of a damaged or mutilated Bond) instead of issuing a y replacement Bond, provided security or indemnity is furnished as above provided in this Section. (d) Charges for Issuing ReRjkgengDt Son s. Prior to the issuance of any replacement bond, the Paying Agent/Registrar shall charge the registered owner of such Bond with all legal, printing, and other expenses in connection therewith. Every replacement bond issued pursuant to the provisions of this section by virtue of the fact that any Bond is lost, stolen, or destroyed shall constitute a contractual obligation of the i:3suer whether or not the lost, stolen, or destroyed Bond shall be found at any time, or be enforceable by anyone, and shall be entitled to all the benefits of this ordinance equally and proportionately with any and all other Bonds duly issued under this ordinance. (e) Issuer for Issuing Renlacemen Bends. In accordance with section 6 of Vernon's Ann. Tex. Civ. St. Art. 717k-6, this Section of this ordinance shall constitute authority for the issuance of any such replacement bond without necessity of further action by the governing body of the Issuer or any other body or person, and the duty of the replacement of such bonds is hereby authorized and imposed upon the Paying Agent/Regis- trar, and the Paying Agent/Registrar shall authenticate and deliver such Bonds in the form and manner and with the effect, as provided in Section 6(d) of this Ordinance for bonds issued in conversion and exchange for other Bonds. Section 30. COVENANTS REGARDING TAX-EXEMPTION. The Issuer covenants to refrain from any action which would ad- versely affect, and to take such action to ensure, the treat- ment of the Bonds as obligations described in section 103 of the Code, the interest on which is not includable in the "gross income" of the holder for purposes of federal income taxation. In furtherance thereof, the Issuer covenants as foll s., (a) to take any action to assure that no more than 10 percent of the proceeds of the Bonds (less amounts deposited to a reserve fund, if any) are used for any "private business use", as def''.ned in section 141(b)(6) of the Code or, if more than 10 percent of the proceeds are c, 40 4 ~i 4 H 1 Agenda No, DQ Agenda llom_ S ✓t 9~ so -Ised, that amounts, whether or not received b l IssuRr, with respect to such private business use by the under the terms of this Ordinance or any underlying ot, arrangement, directly or indirectly, secure or provide for the payment of more than 10 percent of the debt service on the Bonds, in contravention of section 141(b) (2) of the Code; (b) to take any action to assure that in the event s that the "private business Ilse" described in subsection (a) hereof exceeds 5 percent of the proceeds of the Bonds (less amounts deposited into a reserve fund, if any) then the amount in excess of .5 percent is used for a "privat business use'l which is "related" and not "disproportion- ate", within the meaning of section 141(b)(3) of the Code, to the governmental use; (c) to take any action to assure that no amount which is greater than the lesser of $51000,000, or 5 percent of the proceeds of the Bonds (less amounts depos- ited into a reserve fund, if any) is directly or indirect- ly used to finance loans to persons, other than state or local governmental units, in contravention of section 141(0) of the Code; (d) to refrain from taking any action which would otherwise result in the Bonds being treated as "private activity bonds" within the meaning of section 141(b) of the Codei (e) to refrain from taking any action that would result in the Bonds being ";federally guaranteed" within the meaning of section 149(b) of the code; (f) to refrain from using any portion of the pro- ceeds of the Bonds, directly or indirectly, to acquire or to replace funds which were used, directly or indirectly, to acquire investment property (as defined in section yield)over the1teCrm of which Bnds,,cother m thaniinvestmentr property acquired with (1) proceeds of the Bonds invested for a reasonable temporary period of 3 years or less until such proceeds are needed for the purpose for which the Bonds are issued, (2) amounts invested in a bona fide debt service fund, within the meaning of section 1.103-13(b)(12) of the Treasury Regulations, and 41 ry I I r Agenda Pa. ev Agenda Ilam_ ~S, W10 _11K (3) amounts deposited in any reasonably reV6'o quired reserve or replacement fund to the extent such4 amounts do not exceed 10 percent of the proceeds of the Bonds; (g) to otherwise restrict the use of the proceeds of the Bonds or amounts treated as proceeds of the Bonds, as may be necessary, so that the Bonds do not otherwise contravene the requirements of section 148 of the Code (relating to arbitrage) and, to the extent applicable, section 149(d) of the Code (relating to advance refundings); (h) to pay to the United States of America at least once during each five-year period (beginning on the date of delivery of the Bonds) an amount that is at least equal to 90 percent of the "Excess Earnings", within the meaning of section 148(f) of the Code and to pay to the United States of America, not later that 50 days after the Bonds have been paid in full, 100 percent of the amount then required to be paid as a result of Excess Earnings under section 148(f) of the Code; and (i) to maintain such records as will enable the issuer to fulfill its responsibilities under this section and section 148 of the Code and to retain such records for at least six years following the final payment of princi- pal and interest on the Bonds. It is the understanding of the Issuer that the covenants contained herein are intended to assure compliance with the Code and any regulations or rulings promulgated by the U.S. Department of the Treasury pursuant thereto. In the event that regulations or rulings are hereafter promulgated which modify, or expand provisions of the Code, as applicable to the Bonds, the Issuer will not be required to comply with any covenant contained herein to the extent that such failure to comply, in the opinion of nationally-recognized bond counsel, will not adversely affect the exemption from federal income taxation of interest on the Bonds under section 103 of the Code. In the event that regulations or rulings are hereafter promulgated which impose additional requirements which are applicable to the Bonds, the Issuer agrees to comply with the additional requirements to the extent necessary, in the opinion of nati:,n- ally-recognized bond counsel, to preserve the exemption fr~,m federal income taxation of interest on the Bonds under section 103 of the Code. Section 31. INTEREST EARNINGS ON BOND PROCEEDS. Interest earnings derived from the investment of proceeds from the sale 42 Y F - i Aganda Ilam__ Qua-L._2-- other than proceeds deposited in the of the Initial Bond, Interest and Sinking Fund and the Reserve Fund, shall be used along with other available proceeds for improving the System; provided that after completion of the improvements if any of such interest earnings remain on hand, such interest earnings shall be deposited in the Interest and Sinking Fund. It is on bond be any rebated interest are however, further to the United States required that proceeds provided of America pursuant to the Covenants Regarding Tax-Exemption herein so as to prevent the Bonds from being arbitrage bonds shall be so rebated and not considered as interest earnings for the purposes of this ordinance. , Section 32. CUSTODY, APPROVAL, AND REGISTRATION OF BONDS; BOND COUNSEL'S OPINION, CUSIP NUMBERS, PREAMBLE, AND INSUM4CE. The Mayor of the Issuer is hereby authorized to have control of the Initial Bond issued hereunder and all necessary records and A proceedings pertaining to the Initial Bond pending its delivery and its investigation, examination, and approval by the Attor- ney General of the State of Texas, and its registration b the Comptroller of Public Accounts of the State of Texas. Upon registration of the Initial Bond said comptroller of Public Accounts (or a deputy designated in writing to act for said comptroller) shall manually sign the comptroller's Registration Certificate on the initial Bond, and the seal of said Comptrol- ler shall be Impressed, or placed in facsimile, on the initial Bond. The approving legal opinion of the Issuer's Bond Counsel and the assigned CUSIP numbers may, at the option cf the Issuer, be printed on the Initial Bond or on any Bonds issued and delivered in conversion of and exchange or replacement of any Bond, but neither shall have any legal effect, and shall be solely for the convenience and information of the registered owners of the Bonds. thhereof for all purposes. If insurance adopted and made de a a par t any of the Bonds, the Initial Bond and all other bear an appropriate legend concerning insurance as provided by the insurer. Section 33. SALE OF INITIAL BOND. The Initial Bond is hereby sold and shall be delivered to for cash for the par value accrued interest thereon to date of delivery, plus a $ . It is hereby officially found, determined, and declared that the Initial Bond has been sold at public F.ale to the bidder offering the lowest interest cost, after receiving sealed bids pursuant to an official Notice of Sale and Bidding Instructions and Official Statement dated February 180 19921 prepared and distributed in connection with the sale of the initial n official of Sale and Bidding In- structions Official Statement, and any addenda, supplement, a3 c Y. _ i Aponda No. Agonda ltom_ .0 C~ or amendment thereto have been and are hereb~o`"~ - Issuer, and their use in the offer and sale of the Bonds t t , hereb y approve y approved. It is further officially found, determined, and declared that the statements and in said Official Notice of Sale and off iial Statement nt areatr e and correct in all material respects, to the best knowledge belief of the city council. and section 34. DESIGNATION AS QUALIFIED TAX-EXEMPT OBLIGATIONS,t The Issuer hereby designates the Bonds as "qualified ax-exempt obligations" as defined in section 265(b) (3) of the Internal Revenue Code of 1986 (the "Code") In furtherance of such designation, the Issuer represents, covenants, and warrants the following; (a that g the calendar year in which the Bonds arc, issued during (including any subordinate entitie ) s ' the Issuer will designate any such obligations, has not designated nor. the bonds will result in more than $1whch hen oi 001000 bfgregated with tax-exempt obligations" being "qualified reasonably anticipates thatthe uedt (b) that the Issuer obligations issued during the calendar amount of tax-exempt in w are issued, by the Issuer (or any subordinate entities) Bonds will not exceed $10,000,000, and, (c) that the Issuer will take such action or refrain from such action as necessary, particularly set forth in Section 12, hereof, and as more in order that the s will not thedmeaning of ections141rof "private bonds" within Section 35. DTC REGISTRATION. be issued and delivered in such manner The that no initially shall bution of the Bonds will be made to the public, phand the ysical Deposi- tory Truustcompany ("DTC"), New York, New York, initially will act as depository a limited for the Bonds. DTC has represented that it of the State of pheose w trust company incorporated under the laws a the , System, a "clearing corporati ne" Within the meaning ofe the New York uniform commercial Code, and a "clearing " tered under Section 17A of the federal SecuritieseExchangeis- of 193x, as amended, and the Issuer accepts, but way verifies, such representations. in no this ordinance shall be deliveredhto iaindiaregiisteredl~orized by name of the Purchaser. However, it is a condition of din the elivery and sale that the Purchaser, immediately after such delivery, shall cause the Paying Agent/Registrar as provided ial ordinance, to cancel said Initial Bond'and deliver ino this therefor a substitute Bond for each maturity exch nge Bond, with each such substitute Bond to be register d IIn tthe name of CEDE & Co. , the nominee of DTC, and it shall be the duty of the Paying Agent/Registrar to take such action. It is expected that DTC will hold the Bonds on behalf of the Purchas- er and/or the DTC participants, as defined and described in the 44 P I I' Benda PJo, ~l , - UO 7 Aflonda Ilam~/~ S, y,.~~y i Official Statement referred to and a LUIe "rZ~ y ereof (the "DTC Participants"), approved in Section h l4,c~ registered in the name of CEDE & Co So thelong aying each Bond Agent/Regis- trar shall treat and deal with OTC in all respects the same as if it were the actual and beneficial owner thereof. It is expected that OTC will maintain a book entry system which will identify beneficial ownership of the Bonds by DTC Participants in integral amounts of $5,000, with transfers of ownership being effected on the records of DTC and the OTC Participants pursuant to rules and regulations established by them, and that the substitute Bonds initially deposited with OTC shall be immobilized and not be further exchanged for substitute Bonds except as hereinafter provided. The Issuer is not responsible or liable for any functions of DTC, will not be responsible for paying any fees or charges with respect to its services, will not be responsible or liable for maintaining, supervising, or reviewing the records of DTC or the OTC Participants, or protecting any interests or rights of the beneficial owners of the Bonds. It shall be the duty of the Purchaser and the DTC Participants to make all arrangements with DTC to establish this book-entry system, the beneficial ownership of the Bonds, and the method of paying the fees and charges of OTC. The Issuer does not represent, nor does it in any way covenant that the initial book-entry system established with DTC will be maintained in the future. The Issuer reserves the right and o ption at any time in the future, in its sole discretion, to terminate requirement hdesaibed above, And to permit the Bonds to be (CEDE & Co.) book-entry only registration registered in the name of any owner. If the Issuer exercises its right and option to terminate such requirement, it shall give written notice of such termination to the Paying Agent/ Registrar and to DTC, and thereafter the Paying Agent/Registrar shall, upon presentation and proper request, register any Bond in any name as provided for in this Ordinance. Notwithstand- ing the initial establishment of the foregoing book-entry system with DTC, if for any reaFon any of the originally delivered substitute Bonds is duly filed with the Paying Agent/Registrar with proper request for transfer and substitu- tion, as provided for in this ordinance, substitute Bonds will be duly delivered as provided in this Ordinance, and there will be no assurance or representation that any book-entry system will be maintained for such Bonds, Section 36, FURTHER PROCEDURES, The Mayor of the Issuer, the City Secretary Secretary of the issuer, and all other officers, employees, and agents of the Issuer, and each of them, shall be and they are hereby expressly authorized, empowered, and directed from time to time and at any time to do and perform all such acts and things and to execute, acknowl- edge, and deliver in the name and under the corporate seal and 45 R k 1 A~ Agenda No. Agenda Moro j-S D1 10 ,34eTFX4--C on behalf of the Issuer all such instruments, whether or not/ herein mentioned, as may be necessary or desirable in order to carry out the terms and provisions of this Bond Ordinance, the Bonds, the sale of the Bonds, and the Notice of sale and official Statement; and the Director of Finance of the city shail cause the expenses of issuance of the Bonds to be paid from the proceads of sale of the Initial Bond. In case any officer whose signature shall appear on any Bond shall cease to be such officer before the delivery of such Bond, such signa- ture shall nevertheless be valid and sufficient for all purpos- es the same as if such officer had remained in office until such delivery. `4w 46 r. a ~.r t ~3 i; ~j w CITY OUNCIL Y... L oonaaoao~oo ~ . ° r ° F o00~0 _ 0 t ♦ 'l~FUJ-r♦ w_ e 9~0 ` Agenda No. _1~ Agenda Item W10 3 3 Vic, - CITY of DENTpN, TEXAS MUNICIPAL BUILDING / 215 E. M[KINNEY / DENfiON, 7 AS 61 6 • M E M O R A N D U M TO: Lloyd V. Harrell, City Manager FROM. John F. McGrane, Executive Director of Finance DATE: February 27, 1992 SUBJECT: GENERAL OBLIGATION AND UTILITY REVENUE BONDS The $4.5 million in revenue bonds are being issued primarily for the upgrade of the sewer treatment plant. The General Obligation Bond Funds are to be utilized in the following manner: • $1,5 million are for street repair in conjunction with the 1986 Bond Election and CIP program • $940,000 is for drainage projects also associated with the 1986 Bond Election and CIP program. • $190,000 is for bridge improvements that have been necessitated by the recent excessive rainfalls. If you have any questions, or need more specific information on these projects, please advise. AFF0013A I i iw 6171566.8200 D/1'W METRO 434.1529 - it ;i 7. Aaanoa rld, Aclendafilm _.~~~5 Cute 0-- CERTIFICATE FOR 3 ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DEI,IVER/'Y OF CITY OF DENTON GENERAL OBLIGATION BONDS, SERIES 7.992, LEVYING THE TAX TO PAY SAME, AND APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES RELATING THERETO THE STATE OF TEXAS COUNTY OF DENTON o CITY OF DENTON We, the undersigned officers of said City, hereby certify as follows: 1. The City Council of said City convened in REGULAR MEETING ON THE 3RD DAY OF MARCH, 1992, at the Municipal Building (City Hall), and the roll was called of the duly constituted officers and members of said City Council., to-wit: Jennifer K. Walters, City Secretary Bob Castleberry, Mayor Mark Chew John Trent Jane Hopkins Jim Alexander Harold Perry Margaret Smith and all of said persons were present, except the following absentees: thus constituting a quoruni, Whereupon, among other business, the following was transacted at said Meeting: a written ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF CITY OF DENTON GENERAL OBLIGATION BANDS, SERIES 1992, LEVYING THE TAX TO PAX SAME, AND APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES RELATING THERETO was duly introduced for the consideration of said City council and duly read. It was then duly moved and seconded that said ordinance be passed; and, after due discussion, said motion, carrying with it the passage of said Ordinance, prevailed and carried by the following vote: AYES: NOES: ABSENTIONS: 2. That a true, full, and correct copy of the aforesaid ordinance passed at the Meeting described in the above and foregoing paragraph is attached to and follows this Certifi- cate; that said ordinance has been duly recorded in said City Council's minftes of said Meeting; that the above and foregoing S J '1 A1le'ida No. 1 Agonda Ilam ~ paragraph is a true, full, and correct excerpt ? f ---s0ai~d Council's minutes of said Meeting pertaining to the passage of02 3 said ordinance; that the persons named in the above and fore- going paragraph are the duly chosen, qualified, and acting officers and members of said City Council as indicated therein; and that each of the officers and members of said City Council was duly and sufficiently notified officially and personally, o in advance, of the time, place, and purpose of the aforesaid Meeting, and that sz,id Ordinance, would be introduced and considered for passage at said Meeting; and that said Meeting was opel7 to the public, and public notice of the time, place, and purpose of said meeting was given, all as required by Vernon's Ann. Tex. Civ. St. Article 6252-17. 3. That the Mayor of said city has approved, and hereby approves, the aforesaid ordinance; that the Mayor arp.J the City Secretary of said City have drily signed said Ordinance; and that the Mayor and the City Secretary of said City hereby declare that their signing of this Certificate shall constitute the signing of the attached and following copy of said ordi- nance for all purposes. SIGNED AND SEALED as of the 3rd day of March, 1992. City secretary Mayor (SEAL) We, the undersigned, being respectively the City Attorney and the Bond Attorneys of the City of Denton, Texas, hereby certify that we prepared and approved as to legality the attached and following ordinance prior to Its passage as aforesaid. city Attorney Bond Attorneys t_ - 1 ~ Y l 1 i r! Agenda W. Agenda Item "es ORDINANCE N0. 92- ld 3 ORDINANCE AUTHORIZING THE IFSUANCE, SALE, AND DELIVERY OF CITY OF DENTON GENERAL OBLIGATION BONDS, SERIES 1992, LEVYING THE TAX TO PAY SAME, AND APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES RELATING THERETO THE SPATE OF TEXAS COUNTY OF DENTON ' CITY OF DENTON ; WHEREAS, the bonds hereinafter authorized were lawfully and favorably voted at an election duly held in said City on DECEMBER 131 1986; and WHEREAS, out of the bonds aggregating the amount of $21,637,000 voted nt said election, the City has duly issued $10,715,000 thereof, represented by the City's bonds designated as: SERIES 1987, SERIES 1988, and SERIES 1989; and WHEREAS, the Council of said City deems it necessary and advisable to authorize, iQ~lae, and deliver another installment or series of said bonds; and WHEREAS, the bonds hereinafter authorized and designated were voted and are to be issued, sold, and delivered pursuant to Vernon's Ann. Tex. Civ. St. Articles 823 and 1175, Article IX. of the City's Home Rule Charter, and other applicable laws. THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS THAT: Section 1. AMOUNT AND PURPOSE OF THE BONDS. The bond or bonds of the City of Denton, Texas (the "Issuer") are hereby ' authorized to be issued and delivered in the aggregate princi- pal amount of $2,630,000, FOR THE PURPOSE OF THE ACQUISITION OF PROPERTY AND MAKING IMPROVEMENTS FOR PUBLIC PURPOSES IN SAID CITY, TO-WIT: $1,690,000 FOR STREET AND TRAFFIC CONTROL IM- PROVEMENTS) and $940,000 FOR DRAINAGE IMPROVEMENTS. Section 2. DESIGNATION OF THE BONDS. Each bond issued pursuant to this ordinance shall be designated: "CITY OF DENTON GENERAL OBLIGATION BOND, SERIES 199201, and initially there shall be issued, sold, and delivered hereunder a single fully registered bond, without interest coupons, payable in install- ments of principal (the "Initial Bond"), but the initial Bond may be assigned and transferred and/or converted into and exchanged for a like aggregate principal amount of fully registered bonds, without interest coupons, having serial c_ 1 I ri Nonda No. )eD) Agonda item ?jc~,~ 0.~to ____EZ maturities, and in the denomination or denominations of $5e' or any integral multiple of $5,000, all in the manner here- in-0 after provided. The term "Bonds" as used in this ordinance shall mean and include collectively the Initial Bond and all exchanged aubstitute bonds substitute bonds andrep acementebondsaissuedl as all other and the term "Bonds" shall mean any of the BondsUrsuant hereto, Section J. INITIAL DATE, DENOMINATION, NUMBER, MATURI- TIES, INITIAL REGISTERED OWNER, AND CHARACTERISTICS OF THE ~ INITIAL BOND. (a) The Initial Bond is hereby authorized to be issued, sold, and delivered hereunder as a single fully registered Bond, without interest coupons, dated MARCH 11 1992, in the denomination and aggregate principal amount of numbered R-1, payable in annual installments of rind ,000, the initial registered owner thereof, to-wit; principal to or to the registered assignee or assignees of said Bond or any portion or portions thereof (.in each case, the "registered owner"), with the annual installments of principal of the Initial Bond to be payable on the dates, respectively, and in the principal amounts, respectively, stated in the FORM OF INITIAL BOND set forth in this Ordinance. The to th(eb)re spectiveschedud led due dates of installments prior principal thereof, (ii) may be assigned and transferred, (iii) may be converted and exchanged for other Bonds, (iv) shall have the characteristics, and (v) shall be signed and sealed, and the principal of and interest on the Initial Bond shall be payable, all as provided, and in the manner required or indi- cated, in the FORM OF INITIAL BOND set forth in this ordinance. Section 4. INTEREST. The unpaid principal balance of the Initial Bond shall bear interest from the date of the initial Bond to the respective scheduled due dates, or to the respec- tive dates of prepayment or redemption, of the installments of, principal of the Initial Band, and said interest shall be paayeabsler all in the in the FORM rOFr INITIAL BOND set forth ind this he Ordinance. Section 5. FORM OF INITIAL BOND, The form of the Initial. Bond, including the form of Registration Bond of the \ i 2 h l$ f 10- A00nda No. 6)e) Agonda llom ,CJS //-t a Z Ch le - Z s of endorsedlon the PInitialcBond/ shall thee Ssubsta tiallys asofol- In o, '33 laws: FORM OF INITIAL BOND NO. R-1 $2,630,000 a UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON GENERAL OBLIGATION BOND SERIES 1992 THE CITY OF DENTON, in Denton County, Texas (the "Issu- er"), being a political subdivision of the State of Texas, hereby promises to pay to or to the registered assignee or assignees of this Bond or any portion or portions !iereof (in each case the 'fregistered owner0l) the aggregate principal amount of $2,630,000 (TWO MILLION SIX HUNDRED THIRTY THOUSAND DOLLARS) in annual installments of principal due and payable on JULY 1 in each of the years, and in the respective principal amounts, as set forth in the following schedule: PRINCIPAL PRINCIPAL , YEAR AMOUNT ,XE$ MQUNT 1994 $ 75,000 2004 $140,000 1995 80,000 2005 150,000 1996 850000 2006 160,000 1997 90,000 2007 170,000 1998 95,000 2008 180,000 1999 100,000 2009 190,000 200000 110,000 2010 200,000 1151,))0 2011 210 000 2002 125,000 ' 2003 130,000 2012 225,000 and to pay interest, calculated on the basis of a 360-day year composed of twelve 30-day months, from the date of this Bond hereinafter stated, on the balance of each such installment of i' i 3 ~I I' Agenda No. Agenda Item_ AS J-- Dale / I/ cry J~ J principal, respectively, from time to time remaining unpai44~9, at the rates as follows: per annum on the above installment due in 1994 per annum on the above installment due in 1995 per annum on the above installment due in 1996 4 per annum on the above installment due in 1997 per annum on the above installment due in 1998 per annum on the above installment due in 1999 $ per annum on the above installment due in 2000 per annum on the above installment due in 2001 per annum on the above installment due in 2002 per annum on the above installment due in 2003 per annum on the above installment due in 2004 per annum on the above installment due in 2005 per annum on the %,.bove installment due in 2006 per annum on the %bove installment due in 2007 per annum on the above installment due in 2008 $ per annum on the above installment due in 2009 per annum on the above installment due in 2010 per annum on the above installment due in 2011 per annum on the above installment due in 2012 with said interest being payable on JANUARY 11 19930 and semi- annually on each JULY 1 and JANUARY 1 thereafter while this Bond or any portion hereof is outstanding and unpaid. THE INSTALLMENTS OF PRINCIPAL OF AND THE INTEREST ON this Bond are payable in lawful money of the United States of America, without exchange or collection charges. The install- ments of pr#ncipal and the interest on this Bond are payable to the registered owner hereof through the services of NATIONSBANK OF TEXAS, N.A., FORT WORTH, TEXAS, which is the "Paying Agent/Registrar" for this Bond. Payment of all principal of and interest on this Bond shall be made by the Paying Agent/Registrar to the registered owner hereof on each princi- pal and/or interest payment date by check, dated as of such date, drawn by the Paying Agent/Registrar on, and payable solely from, funds of the Issuer required by the ordinance authorizing the issuance of this Bond (the "Bond ordinance") to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter provided; and such check shall be sent by the Paying Agent/Registrar by United States mail, first-class postage prepaid, on each such principal. and/or interest payment date, to the registered owner hereof, at the address of the registered owner, as it appeared at the close of business on the 15th day of the month next preceding each such date (the "Record Date") on the Registration Books kept by the Paying Agent/Registrar, as hereinafter described. The Issuer cove- nants with the registered owner of this Bond that on or before 4 r. Agenda No Aoonda Itarti - S 3 7. LUIs each principal and/or interest payment date for this Bond it~3 J will make available to the Paying Agent/Registrar, from the "Interest and Sinking Fund" created by the Bond ordinance, the amounts required to provide for the payment, in immediately available funds, of all principal of and interest on this Bond, when due. IF THE DATE for the payment of the principal of or inter- est on this Bond shall be a Saturday, Sunday, a legal holiday, ` or a day on which banking institutions in the City where the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which banking institutions are authorized to closet and payment on such date shall have the same force and effect as If made on the r.,riginal date payment was due. THIS BOND has been authorized in accordance with the Constitution and laws of the State of Texas FOR THE PURPOSE OF THE ACQUISITION OF PROPERTY AND MAKING IMPROVEMENTS FOR PUBLIC PURPOSES IN SAID CITY, TO-WIT; $1,690,000 FOR STREET AND TRAFFIC CONTROL IMPROVEMENTS; and $940,000 FOR DRAINAGE IM- PROVEMENTS. ON JULY 1, 2001, or on any date whatsoever thereafter, the unpaid installments of principal of this Bond may be prepaid or redeemed prior to their scheduled due dates, at the option of the Issuer, with funds derived from any available source, as a whole, or in part, and, if in part, the particular portion of this Bond to be prepaid or redeemed shall be selected and designated by the Issuer (provided that a portion of this Bond may be redeemed only in an integral multiple of $5,000), at the prepayment or redemption price of the par or principal amount thereof, plus accrued interest to the date fixed for prepayment or redemption. AT LEAST 30 days prior to the date fixed for any such prepayment or redemption a written notice of such prepayment or redemption shaill be mailed by the Paying Agent/Registrar to the registered owner hereof. By the date fixed for any such prepayment or redemption due provision shall be made by the Issuer with the Paying Agent/Registrar for the payment of the required prepayment or redemption price for this Bond or the portion hereof which is to be so prepaid or redeemed, plus accrued interest thereon to the date fixed for prepayment or redemption. If such written notice of prepayment or redemption is given, and if due provision for such payment is made, all as provided above, this Bond, or the portion thereof which is to be so prepaid or redeemed, thereby automatically shal}. be C 5 buns No. pJ D d Agonda tom-, treated as N16 _ ~ ~ prepaid or redeemed prior to its scheduled due date(,~Y J and shall not bear interest after the date fixed for its prepayment or redemption, and shall not be regarded as being outstanding except for the right of the registered owner to receive the prepayment or redemption price plus accrued inter- est to the date fixed for prepayment or redemption from the Paying Agent/Registrar out of the fof'Is provided for such payment. The Paying Agent/Registrar shall record in the Registration Books all such prepayments or redemptions of principal of this Bond or any portion hereof, THIS BOND, to the extent of the unpaid or unredeemed principal balance hereof, or any unpaid and unredeemed portion hereof in any integral multiple of $5,000, may be assigned by the initial registered owner hereof and shall be transferred only in the Registration Books of the Issuer kept by the Paying Agent/Registrar acting in the capacity of registrar for the Bonds, upon the terms and conditions set forth in the Bond ordinance. Among other requirements for such transfer, this Band must be presented and surrendered to the Paying Agent/ Registrar for cancellation, together with proper instruments of assignment, in form and with guarantee of signatures satisfac- tory to the Paying Agent/Registrar, evidencing assignment by the initial registered owner of this Bond, or any portion or portions hereof in any integral multiple of $5,000, to the assignee or assignees in whose name or names this Bond or any such portion or portions hereof is or are to be transferred and registered. Any instrument or instruments of assignment satisfactory to the Paying Agent/Registrar may be used to evidence the assignment of this Bond or any such portion or portions hereof by the initial registered owner hereof. A new bond or bonds payable to such assignee or assignees (which then will be the new registered owner or owners of such new Bond or Bonds) or to the initial registered owner as to any portion of this Bond which is not being assigned and transferred by the initial registered owner, shall be delivered by the Paying Agent/Registrar in conversion of and exchange for this Bond or any portion or portions hereof, but solely in the form and manner as provided in the next paragraph hereof for the conver- sion and exchange of this Bond or any portion hereof. The registered owner of this Bond shall be deemed and treated by the Issuer and the Paying Agent/Registrar as the absolute owner hereof for all purposes, including payment and discharge of liability upon this Bond to the extent of such payment, and the Issuer and the Paying Agent/Registrar shall not be affected by any notice to the contrary. AS PROVIDED above and in the Bond Ordinance, this Bond, to the extent of the unpaid or unredeemed principal balance hereof, may be converted into and exchanged for a like . 6 v, i6 AoWa Na. AgondalWm 9010,63 Izw aggregate principal amount of. fully registered bonds, withgcA interest coupons, payable to the assignee or assignees duly designated in writing by the initial registered owner hereof, or to the initial registered owner as to any portion of this Bond which is not being assigned and transferred by the initial registered owner, in any denomination or denominations in any integral multiple of $5,000 (subject to the requirement here- inafter stated that each substitute bond issued in exchange for a maturity date) , ny portion of this Bond shall have a single stated principal + withPaying Agent/Registrar foro cancellation, all in Bacco dance the e form and procedures set forth in the Bond Ordinance. If this Bond or any portion hereof in assigned and transferred or converted each bond issued in exchange for any portion hereof shall have a single stated principal maturity date correspond- ing to the due date of the installment of principal. of this Bond or portion hereof for which the substitute bond is being exchanged, and shall bear interest at the rate applicable to and borne by such installment of principal or portion thereof. such bonds, respectively, shall be subject to redemption prior to maturity on the same dates and for the same prices as the corresponding installment of principal of this Bond or portion hereof for which they are being exchanged.. No such bond shall be payable in installments, but shall have only one stated principal maturity date. AS PROVIDED IN THE BOND ORDINANCE, THIS BOND IN ITS PRESENT FORM MAY BE ASSIGNED AND TRANSrERRED OR CONVERTED ONCE ONLY, and to one or more assignees, but the bonds issued and delivered in exchange for this Bond or any portion hereof may be assigned and transferred, and converted, subsequently, as provided in the Bond Ordinance. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for transferring, converting, and exchanging this Bond or any portion thereof, but the one requesting such transfer, conversion, and exchange shall pay any taxes or governmental charges required to be paid with respect thereto. The Paying Agent/Registrar shall not be required to make any such assignment, conversion, or exchange (i) during the period commencing with the clone of business on any Record Date and ending with the opening of business on the next following )rincipal or interest payment date, or, (ii) with respect to any Bond or portion thereof called for prepayment or redemption prior to maturity, within 45 days prior to its prepayment or redemption date. IN THE EVENT any Paying Agent/Registrar for this Bond is changed by the Issuer, resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Bond Ordinance that it promptly will appoint a competent and legally qualified substitute therefor, and promptly will cause written notice thereof to be mailed to the registered owner of this Bond. 7 r, T ~J ]i Agenda No. ~I ivnda Item !f~s~ -L " IT I5 HEREBY certified, recited, and covenanted tha~ this Bond has been duly and validly voted, authorized, issued, sold, and delivereds that all acts, conditions, and things require} or proper to be performed, exist, and be done precedent to or in the authorization, issuance, and delivery of this Bond have been performed, existe, neraldobbeen done in ligation of theoIssuer, wis ued oJn that this Bond is s a a g ge the full faith and credit theroofl and that a1f tho interest on " taxes sufficient to provide for the payment and principal of this Bond, as such interest comes due and such principal mat,ires, have been levied and ordered to be levied against all tt%xable property in he Issuer, tand he have bpee- pledged irrevocably for such payment, scribed by law, BY BECOMING the registered owner of this Bond, the ragi.s- tered owner thereby acknowledges all of the terms and provi-term sions of the Bond Ordinancef s agrees to be bound the Bond ordi anceu is dulys and provisions, acknowledge ial minute recorded and available for inspection the tlssuer,~cand agreess and records of the governing body of that the terms and provisions of this Bond and the Bond ordi- nance constitutes a contract between the registered owner hereof and the Issuer. IN WITNESS WHEREOF, the Issuer has caused this Bond to be signed with the manual signature of the Mayor of the Issuer and countersigned with the manual signature of the City Secretary caseal of used thise Bond Issuetor Bo d e official of the i.ml ressed on this caused duly p dated MARCH 1, 1992. City -Secretary,Mayor, City of Denton, Texas City of Denton, Texas (CITY SEAL) rwumttnr.t.RR OF PUB~_;jS COMPTROLLERS REGISTRATION CERTIFICATES REGISTER NO. nd has I hereby certify that this °d by the bAttorneyeen fied as to validity, and app registered of Texas. by the State of the Comptr.ollor.of,Public Accounts iof the n State been x S Nonda 0. del Agenda tam !~-S _-~~,d Dalo Witness my signature and seal this Comptroller of Public Accounts of the State of Texas (COMPTROLLER'S SEAL) Section 6. ADDITIONAL CHARACTERISTICS OF THE BONDS, Reais,tration and Transfer, (a) The Issuer shall keep or cause ' to be kept at the principal corporate trust, office of NATIONSBANX OF TEXAS, N.A., FORT WORTH, TEXAS; (the "Paying Agent/Registrar") books or records of the recjistr.ation and transfer of the Bonds (the "Registration Bor,)ts"), and the Issuer hereby appoints the Paying Agent/Registrar as its registrar and transfer agent to keep such books or records and make such transfers and registrations under such reasonable regulations as the Issuer and Paying Agent/Registrar may prescribe; and the Paying Agent/ Registrar shall make such transfers and registrations as herein provided. The Paying Agent/Registrar shall obtain and record in the Registration Books the address of the registered owner of each Bond to which payments with respect to the Bonds shall be mailed, as herein providedi but it shall be the duty of each registered owner to notify the Paying Agent/Registrar in waiting of the address to which payments shall be mailed, and such interest payments shall not be mailed unless such notice has been given, The Issuer shall have the right to inspect the Registration Books during regular business hours of the Paying Agent/Registrar, but otherwise the Paying Agent/Registrar shall keep the Regis- tration Books confidential and, unless otherwise required by law, shall not permit their inspection by any other entity. Registration of each Bond may be transferred in the Registra- tion Books only upon presentation and surrender of such Bond to the Paying Agent/Registrar for transfer of registration and cancellation, togetrpr with proper written instruments of assignment, in Porn, nd with guarantee of signatures satis- factory to the Paying Agent/Registrar, (i) evidencing the assignment of the Bond, or any portion thereof in any integral multiple of $5,000, to the assignee or assignees thereof, and (ii) the right of such assignee or assignees to have the Bond or any such portion thereof registered in the name of such assignee or assignees. Upon the assignment and transfer of any Bond or any portion thereof, a new substitute Band or Bonds shall be issued in conversion and exchange therefor in the manner herein provided. The Initial Bond, to the extent of the unpaid or unredeemed principal balance thereof, may be assigned and transferred by the initial registered owner thereof once only, arid to one or more assignees designated in writing by the initial registered owner thereof. All Bonds issued and ti e Pgerula No. __-Z" &17 Agenda Rant Dalo delivered in conversion of and exchange for the Initial Bond/:J shall be in any denomination or denominations of any integral multiple of $5,000 (subject to the requirement hereinafter stated that each substitute Bond shall have a single stated principal maturity date), shall be in the form prescribed in the FORM OF SUBSTITUTE BOND set forth in this ordinance, and shall have the characteristics, and may be assigned, trans- ferred, and converted as hereinafter provided, if the Initial Bond or any portion thereof is assigned and transfe.r.red or converted the Initial Bond must be surrendered to the Paying Agent/Registrar for cancellation, and each Bond issued in exchange for any portion of the Initial Bond shall have a single stated principal maturity date, and shall not be payable in installmentst and each such Bond shall have a principal maturity date corresponding to the due date of the installment of principal or portion thereof for which the substitute Bond is being exchanged) and each such Bond shall bear interest at the single rate applicable to and borne by such installment of principal or portion thereof for which it is being exchanged, if only a portion of the Initial Bond is assigned and trans.- farred, there shall be delivered to and registered in the name of the initial registered owner substitute Bonds in exchange for the unassigned balance of the initial Bond in the same manner as if the initial registered owner were the assignee thereof. If any Bond or portion thereof other than the Initial Bond is assigned and transferred or converted each Bond issued in exchange therefor shall have the same principal maturity date and bear interest at the same rate as the Bond for which it is exchanged. A form of assignment shall be printed or endorsed on each Bond, excepting the initial Bond, which shall be executed by the registered owner or its duly authorized attorney or representative to evidence an assignment thereof. Upon surrender of any Bonds or any portion or portions thereof for transfer of registration, an authorized representative of the Paying Agent/Registrar shall makri . such transfer in the Registration Bookss, and shall deliver a new fully registered substitute Bond or Bonds, having the characteristics herein described, payable to such assignee or assignees which than will be the registered owner or owners of such now Band or Bonds) , or to the pre-tious registered owner in case only a portion of a Bond is being assigned and transferred, all in conversion of and exchange for said assigned Bond or Bonds or any portion or portions thereof, in the same form and manner, and with the same effect, as provided in Section G(d), below, for the conversion and exchange of Bonds by any registered owner of a Bond. The Issuer shall pay the Paying Agent/Regis- trar's standard or co8tomary fees and charges for making such transfer and delivery of a substitute Bond or Bonds, but the one requesting such transfer shall pay any taxes or other governmental charges required to be paid with respect thereto. t 10 r 'I I 1 hgancla No. - DG> .~J S !f The Paying Agent/Registrar shall not be required to Make ✓ J transfers of registration of any Bond or any portion thereof (i) during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or, interest payment date, or, (ii) with respect to any Bond or any portion thereof called for redemption prior to maturity, within 45 days prior to its redemption date. b) Ownership of-bonds, ( The entity In whose name any Bond shall be registered in the Registration Books at any time shall be deemed and treated as the absolute owner thereof for all purposes of this ordinance, whether or not such ©ond shall be overdue, and the Issuer and the Paying Agent/Registrar shall not be affected by any notice to the contrary) and payment of, or on account of, the principal of, premium, :If any, and interest on any such Bond shall be made only to such registered owner, All such payments shall be valid and offeetual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. (c) Zym@nt of Bonds and Tntereoft, The Xssuer hereby further appoints the Paying Agent/Registrar to act as the paying agent for paying the principal of and interest on the Bonds, and to act as its agent to convert and exchange or replace Bonds, all as provided in this ordinance, The Paying Agent/Registrar shall keep proper records of all payments made by the Issuer and the Paying Agent/Registrar with respect to the Bonds, and of all conversions and exchanges of Bonds, and all replacements of Bonds, as provided in this Ordinance. (d) CoDyereion and Exchanae_ ~t lacern,ntr Au }t, nti_ cation, Each Bond issued and delivered pursuant to this Ordinance, to the extent of the unpaid or unredeemed principal balance or principal amount thereof,. may, upon surrender of such Bond at the principal corporate trust office of the Paying Agent/Registrar, together with a written request therefor duly executed by the registered owner or the assignee or assignees thereof, or its or their duly authorized attorneys or represen- tatives, with guarantee of signatures satisfactory to the Paying Agent/Registrar, may, at the option of the registered owner or such assignee or assignees, as appropriate, be con- verted into and exchanged for fully registered bonds, without interest coupons, in the form prescribed in the FORM OF SUBSTI- TUTE BOND set forth in this ordinance, in the denomination of $5,000, or any integral multiple of $5,000 (subject to the requirement hereinafter stated that each substitute Bond shall have a single stated maturity date), as requested in writing by such registered owner or such assignee or assignees, in an aggregate principal amount equal to the unpaid or unredeemed C 11 ` C. F~ 'If AVenda No Apenda f(ani f principal balance or principal amount of any Bond or Bonds 'so surrendered, and payable to the appropriate registered owner,'", ' J0 assignee, or assignees, as the case may be, If the Initial Bond is assigned and transferred or converted each substitute Bond issued in exchange for any portion of the initial Bond shall have a single stated principal maturity date, and shall not be payable in installments; and each such Bond shall have a principal maturity date corresponding to the due date of the installment of principal or portion thereof for which the substitute Bond is being exchangedt and each such Bond shall bear interest at the single rate applicable to and borne by su,h installment of principal or portion thereof for which it is being exchanged. If a portion of an Bond ✓ any (other than the initial Bond) ohall be redeemed prior to its scheduled maturity as provided herein, a substitute Bond or Bonds having the same maturity date, bearing interest at the same rate, in the denomination or denominations of any integral multiple of $5,000 at the request of the registered owner, and in aggregate principal amount equal to the unredeemed portion thereof, will be issued to the registered owner upon surrender thereof for cancellation. if any Bond or portion thereof (other than the initial Bond) is assigned and transferred or converted, each Bond issued in exchange therefor shall have the same principal maturity date and bear Interest at the same rate as the Bond for which it is being exchanged. Each substitute Bond shall bear a letter and/or number to distinguish it from each other Bond. The Paying Agent/Registrar shall, convert and exchange or replace Bonds as provided herein, and each fully registered bond delivered in conversion of and exchange for or replacement of any Bond or portion thereof as permitted or required by any provision of this Ordinance shall constitute one of the Bonds for all purposes of this Ordinance, and may again be converted and exchanged or replaced. It is specifically provided that any Bond authenticated in conversion of and exchange for or replacement of another Bond on or price to the first scheduled Record Date for the initial Bond shall bear interest from the date of the Initial Bond, but each substitute Bond so authenti- cated after such first scheduled Record Date shall bear inter- est from the interest payment date ne:ct preceding the date on which such substitute Bond was so authenticated, unless such Bond is authenticated after any Record Date but on or before the next following interest payment date, in which case it shall bear interest from such next following interest payment date) provided, however, that if at the time of delivery of any substitute Bona the interest: on the bond for which it is being exchanged is due but has not been paid, then such Bond shall bear interest from the date to which such interest has been paid in full, '1IM INITIAL BOND issued and delivered pursuant to this Ordinance is not required to be, and shall not be, authenticated by the Paying Agent/Registrar, but on each 6 12 ,a Agonda No. )e ? _ Agenda lion) "IS-,')" 1/0 file 3~J~~ - principal balance or principal amount of any Bond or Bonds so surrendered, and payable to the appropriate registered owner,~J assignee, or assignees, as the case may be. If the Initial Bond is assigned and transferred or converted each substitute Bond issued in exchange for any portion of the Initial Bond shall have a single stated principal maturity date, and shall not be payable in installmentsi and each such Bond shall have a principal maturity date corresponding to the due date of the + Installment of principal or portion thereof for which the substitute Bond is being exchangedi and each such Bond shall bear interest at the single rate applicable to and borne by such installment of principal or portion thereof for which it is being exchanged. If a portion of any Bond (other than the Initial Bond) shall. be redeemed prior to its scheduled maturity as provided herein, a substitute Bond or Bonds having the same maturity date, bearing interest at the same rate, in the denomination or denominations of any integral multiple of $5,000 at the request of the registered owner, and in aggregate principal amount equal to the unredeemed portion thereof, will be issued to the registered owner upon surrender thereof for cancellation. If any Bond or portion thereof (other than the initial Bond) is assigned and transferred or converted, each Bond issued in exchange therefor shall have the same principal maturity date and bear interest at the same rate as the Bond for which it is being exchanged. Each substitute Bond shall bear a letter and/or number to distinguish it from each other Bond. The Paying Agent/Registrar shall convert and exchange or replace Hands as provided herein, and each fully registered bond delivered in conversion of and exchange for or replacement of any Bond or portion thereof as permitted or required by any provision of this Ordinance shall Qonstitute one of the Bonds for all purposes of this Ordinance, and may again be convertnd and exchanged or replaced, it is specifically provided that any Bond authenticated in conversion of and exchange for or ' replacement of another Bond on or prior to the first scheduled Record Date for the initial Bond shall bear interest from the date of the Initial Bond, but each substitute Bond so authenti- cated after such first scheduled Record Date shall bear inter- est from the interest payment date next preceding the date on which such substitute Bond was so authenticated, unless such Bond is authenticated after any Record Date but on or before the next following interest payment date, in which case it shall bear interest from such next following interest payment dater provided, however, that if at the time of delivery of any substUuts Bond the interest ot! the Bond for which it is being exchanged is due but has not been paid, then such Bond shall bear interest from the date to which such interest has been paid in full. THE INITIAL BOND issued and delivered pursuant to this Ordinance is not required to be, and shall not be, authenticated by the Paying Agerit/Registrar, but on each 12 T is Agenda No, Z)(,I 7 Agenda 1lom, ~S' 9 substitute Bond issued in conversion of and exchange ~ o o~~ replacement of any Bond or, Bonds issued under this Ordinanc 3 there shall be printed a bond, in the form substantially as follows: "PAYING AGENT/REGISTRARtS AUTHENTICATION CERTIFICATE It is hereby certified that this Bond has been issued under the provisions of the Bond Ordinance described in this ' Bondi and that this Bond has been issued in conversion of and exchange for or replacement of a bond, bonds, or a portion of a bond or bonds of an issue which originally was approved by the Attorney General of the Stato of Texas and registered by the Comptroller of Public Accounts of the State of Texas. 40, NATIONSBANK OF TEXAS, N.A., FORT WORTH, TEXAS Paying Agent/Registrar Dated By Authorized Representati.ve'' An authorized representative of the Paying Agent/Registrar shall, before the delivery of any such Bond, date and manually sign the above Bond, and no such Bond shall be deemed to be issued or outstanding unless such Bond is so executed. The Paying Agent/Registrar promptly shall cancel all Bonds surren- dered for conversion and exchange or replacement. No addition- al ordinances, orders, or resolutions need be passed or adopted by the governing body of the Issuer or any other body or person so as to accomplish the foregoing conversion and exchange or replacement of any Bond or portion thereof, and the Paying Agent/Registrar shall provide for the printing, execution, and delivery of the substitute Bonds in the manner prescribed herein, and said Bonds shall be of type composition printed on paper with lithographed or steel engraved borders of customary weight and strength. Pursuant to Vernon's Ann. Tex. Civ. St. Art. 717k-6, and particularly Section 6 thereof, the duty of conversion and exchange or replacement of Bonds as aforesaid is hereby imposed upon the Paying Agent/Registrar, and, upon the execution of the above Paying Agent/Registrar's Authentication Certificate, the converted and exchanged or replaced Bond shall be valid, incontestable, and enforceable in the same manner and with the same effect as the initial Bond which originally was issued pursuant to this ordinance, approved by the Attorney General, and registered by the comptroller of, Public Accounts. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for transferring, converting, and exchanging any Bond or any portion thereof, but the one re- questing any such transfer, conversion, and exchange shall pay C i 1J r. i i Agenda Ilom_X?s j/7 r, any taxes or governmental charges required to be paid wit/h4) respect thereto as a condition precedent to the exercise of such privilege of conversion and exchange. The Paying Agent/ Registrar shall not be required to make any such conversion and exchange or replacement of Bonds or any portion thereof (i) during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date, or, (ii) with respect to any Bond or portion thereof called for redemption prior to maturity, within 45 days prior to its redemption date, , (e) In General. All Bonds issued in conversion and exchange or replacement of any other Bond or portion thereof, (i) shall be issued in fully registered form, without interest coupons, with the principal of and interest on such Bonds to be payable only to the registered owners thereof, (ii) may be redeemed prior to their scheduled maturities, (iii) may be transferred and assigned, (iv) may be converted and exchanged for other Bonds, (v) shall have the characteristics, (vi) shall be signed and sealed, and (vii) the principal of and interest on the Bonds shall be payable, all as provided, and in the manner required or indicated, in the. FORT! OF SUBSTITUTE BOND set forth in this ordinance. (f) payment at Fees and__1ZhAXges, The issuer hereby covenants with the registered owners of the Bonds that it will (1) pay the standard or customary fees and charges of the Paying Agent/Registrar for its fervices with respect to the payment of the principal of and interest on the Bonds, when due, and (ii) pay the fees and charges of the Paying Agent/ Registrar for services with respect to the transfer of regis- tration of Bonds, and with respect to the conversion and exchange of Bonds solely to the extent above provided in this ordinance. (g) Substitute Raying Agent/Re istrax. The issuer covenants with the registered owners of the Bonds that at all. times while the Bonds are outstanding the issuer will provide a competent and lagally qualified bank, trust company, financial institution, or other agency to act as and perform the services of Paying Agent/Registrar for the Bonds under this Ordinance, and that the Paying Agent/Registrar will be one entity. The Issuer reserves tha right to, and may, at its option, change the Paying Agent/registrar upon not less than 120 days written notice to the Paring Agent/Registrar, to be effective not later than 60 days prior to the next principal or interest payment date after such notice. In the event that the entity at any time acting as Paying Agent/Registrar (or its successor by merger, acquisition, or other method) should resign or other- wise cease to act as such, the Issuer covenants that promptly 14 ` r` V 4) i. ~i it Agenda Ilom fete .L tt will appoint a competent and legally qualified bank, trust/~F~ J~ company, financial institution, or other agency to act as l Paying Agent/Registrar under this ordinance. Upon any change in the Paying Agent/Registrar, the previous Paying Agent/Regis- trar promptly shall transfer and deliver the Registration Books (or a copy thereof), along with all other pertinent books and records relating to the Bonds, to the new Paying Agent/Regis- trar designated and appointed by the Issuer. Upon any change " in the Paying Agent/Registrar, the Issuer promptly will cause a written notice thereof to be sent by the new Paying Agent/- Registrar to each registered owner of the Bonds, by United States mail, first-class postage prepaid, which notice also shall give th address of the new Paying Agent/Registrar, By accepting thc position and performing as such, each Paying Agent/Registrar shall be deemed to have agreed to the provi- sions of this )rdinance, and a certified copy of this ordinance shall be deli,ered to each Paying Agent/Registrar. Section 7. FORM OF SUBSTITUTE BONDS. The form of all. Bonds issued in conversion and exchange or replacement of any other Bond or portion thereof, including the form of Paying Agent/Registrar's Bond to be printed on each of such Bonds, and the Form of Assignment to be printed on each of the Bonds, shall be, respectively, substantially as follows, with such appropriate variations, omissions, or insertions as are per- mitted or required by this ordinance. FORM OF SUBSTITUTE BOND NO. UNITED STATES OF AMERICA PRINCIPAL AMOUNT STATE OF TEXAS $ COUNTY OF DENTON CITY OF DENTON GENERAL OBLIGATION BOND , SERIES 1992 ORIGINAL DATE INTEREST RATE MT2j y, DATF OE ISSud_____, CUSIPNo MARCH 1, 1992 ON THE MATURITY DATE specified above the CITY OF DENTON, in Denton County, Texas (the "Issuer"), being a political subdivision of the state of Texas, hereby promises to pay to or to the registered assignee hereof (either b,)tnq hereinafter called the "registered owner") the principal amount of r 15 y Y Agenda !J0, Agenda Anna- lute°,".3z ~y 3 3 and to pay interest thereon, calculated on the basis of a' 360-day year composed of twelve 30-day months, from MARCH 11 1992, to the maturity date specified above, or the date of redemption prior to maturity, at the interest rate par annum specified above) with interest being payable on JANUARY 1, 1993, and semiannually on each JULY 1 and JANUARY 1 thereafter, except that if the date of authentication of this Bond is later than the first Record Date (hereinafter defined), such princi- pal amount shall bear interest from the interest payment date next preceding the date of authentication, unless such date of authentication is after any Record Date (hereinafter defined) e but on or before the next following interest payment date, in which case such principal amount shall bear interest from such next following interest payment date, THE PRINCIPAL OF AND INTEREST ON this Bond are payable in lawful money of the United States of America, without exchange or collection charges. The principal of this Bond shall be paid to the registered owner hereof upon presentation and surrender of this Bond at maturity or upon the date fixed for its redemption prior to maturity, at the principal corporate trust office of NATIONSBANK OF TEXAS, N.A., FORT WORTH, TEXAS, which is the "Paying Agent/Registrar" for this Bond, The payment of interest on this Bond shall be made by the Paying Agent/Registrar to the registered owner hereof on each interest payment date by check, dated as of such interest payment date, drawn by the Paying Agent/Registrar on, and payable solely from, funds of the Issuer regvi.red by the ordinance authorizing i.he issuance of the Bonds (the "Bond ordinance") to be on (1,uposit with the Paying Agent/Registrar for such purpose as ncreinafter provided) and such check shall be sent by the Paying Agent/Registrar by United States mail, first-class postage prepaid, on each such interest payment date, to the registered owner hereof, at the address of the registered owner, as it appeared at the close of business on the 15th day of the month next preceding each such date (the "Record Date") on the Registration Books kept by the Paying Agent/Registrar, as hereinafter described. However, the payment of ,iuch interest may be made by any other method acceptable to the Paying Agent/Registrar and requested by, and at the risk and expense of, the registered owner hereof. Any accrued interest due upon the redemption of this Bond prior to maturity as provided herein shall be paid to the registered owner at the principal corporate trust office of the Paying Agent/Registrar upon presentation and surrender of this Bond for redemption and payment at the principal corporate trust office of the Paying Agent/Registrar. The Issuer covenants with the registered owner of this Bond that on or before each principal pc,yment date, interest payment date, and accrued interest payment date for this Bond it will make available to the Paying Agent/ 16 i n Agenda Pio. ~a V `~U r Agenda Itarn_,/,e Wto ;.;?d.~ 3 Registrar, from the "Interest and Sinkinc, Fund" created by f e Bond ordinance, the amounts required to avide for the pay- ment, in immediately available funds, of all principal of and interest on the Bonds, when due. IF THE DATE for the payment of the principal of or inter- est on this Bond shall be a Saturday, Sunday, a legal holiday, or a day on which banking institutions in the City where the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall ° be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which banking institutions are authorized to closet and payment on such date shall have the same force and effect as if made on the original date payment „ was due. THIS BOND is one of an issue of Bonds initially dated MARCH 11 1992, authorized in accordance with the constitution and laws of the State of Texas in the principal amount of $2,630,000, FOR THE PURPOSE OF THE ACQUISITION OF PROPERTY AND MAKING IMPROVEMENTS FOR PUBLIC PURPOSES IN SAID CITY, TO-WITS $116900000 FOR STREET AND TRAFFIC CONTROL IMPROVEMENTS; and $940,000 FOR DRAINAGE IMPROVEMENTS. ON JULY 1, 2001, or on any date whatsoever thereafter, the Bands of this Series may be redeemed prior to their scheduled maturities, at the option of the issuer, with funds derived from any available and lawful source, as a whole, or in part, and, if in part, the particular Bonds, or portions thereof, to be redeemed shall be selected and designated by the Issuer (provided that a portion of a Bond may be redeemed only in an integral multiple of $5,000), at the redemption price of the par or principal amount thereof, plus accrued interest to the date fixed for redemption. A AT LEAST 30 days prior to the date fixed for any redemp- tion of Bonds or portions thereof prior to maturity a written notice of such redemption shall be published once in a finan- cial publication, journal, or reporter oe general circulation among securities dealers in The City of New York, New York (including, but not limited to, The Bond Buyer and The Wall Street Journal), or in the State of Texas (including, but not limited to, The Texas Bond Reporter). Such notice also shall be sent by the Paying Agent/Registrar by United States mail, first-class postage prepaid, not less than 30 days prior to the date fixed for any such redemption, to the registered owner of each Bond to be redeemed at its address as it appeared on the 45th day prior to such redemption dates provided, however, that the failure to send, mail, or receive such notice, or any defect therein or in the sending or mailing thereof, shall not 17 1 r. r l Agenda tlo.- Y~ Agonda item_ 1'2 S affect the validity or effectiveness of the proceedings for Ghee redemption of any Bond, and it is hereby specifically provided that the publication of such notice as required above shall be the only notice actually required in connection with or as a prerequisite to the redemption of any Bonds or portions there- of. By the date fixed for any such redemption due provision shall be made with the Paying Agent/Registrar for the payment of the required redemption price for the Bonds or portions thereof which are to be so redeemed, plus accrued Interest thereon to the date fixed for redemption. If such written notice of redemption is published and if due provision for such ' payment is made, all as provided above, the Bands or portions thereof which are to Yee so redeemed thereby automatically shall be treated as redeemed prior to their scheduled maturities, and they shall not bear interest after the date fixed for redemp- tion, and they shall not be regarded as being outstanding except for the right of the registered owner to receive the redemption price plus accrued interest from the Paying Agent/ Registrar out of the funds provided for such payment. If a portion of any Bond shall be redeemed a substitute Bond or Bonds having the same maturity date, bearing interest at the same rate, in any denomination or denominations in any integral multiple of $5,600, at the written request of the registered owner, and in aggregate principal amount equal to the "nre- deemed portion thereof, will be issued to the registered owner upon the surrender thereof for cancellation, at the expense of the Issuer, all as provided in the Bond Ordinance. THIS BOND OR ANY PORTION OR PORTIONS HEREOF IN ANY INTE- GRAL MULTIPLE OF $5,000 may be assigned and shall be trans- ferred only in the Registration Books of the Issuer kept by the Paying Agent/Registrar acting in the capacity of registrar for the 'Bonds, upon the terms and conditions set forth in the Bond Ordinance. Among other requirements for such assignment and transfer, this Bond must be presented and surrendered to the Paying Agent/Registrar, together with proper instruments of assignment, in farm and with guarantee of signatures satisfac- tory to the Paying Agent/Registrar, evidencing assignment of this Bond or any portion or portions hereof in any integral multiple of $5,000 to the assignee or assignees in whose name or names this Bond or any such portion or portions hereof is or are to be transferred and registered. The form of Assignment printed or endorsed on this Bond shall be executed by the registered owner or its duly authorized attorney or representa- tive,to evidence the assignment hereof. A new Bond or Bonds payable to such assignee or assignees (which then will be the new registered owner or owners of such new Bond or Bonds), or to the previous registered owner in the case of the assignment and transfer of only a portion of this Bond, may be delivered by the Paying Agent/Registrar in conversion of and exchange for 18 r. Agenda No. ',X2 Agenda Item this Bond, all in the form and manner as provided in the noxt F J paragraph hereof for the conversion Lind exchange of other Bonds. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for making such trans- fer, but the one requesting such transfer shall pay any taxes or other governmental charges required to be paid with respect thereto. The Paying Agent/Registrar shall not be required to make transfers of registration of this Bond or any portion hereof (i) during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date, or, (ii) with respect to any Bond or any portion thereof called for redemption prior to maturity, within 45 days prior to its redemption date. The registered owner of this Bond shall be deemed and treated by the Issuer and the Paying Agent/Registrar as the absolute owner hereof for all purposes, including payment and discharge, of liability upon this Bond to ,r the extent of such payment, and the Issuer and the Paying Agent/Registrar shall not be affected by any notice to the contrary. ALL BONDS OF THIS SERIES axe issuable solely as fully registered bonds, without interest coupons, in the denomination of any integral multiple of $5,000. As provided in the Bond ordinance, this Band, or any unredeemed portion hereof, may, at the request of the registered owner or the assignee or as- signees hereof, be converted into and exchanged for a like aggregate principal amount of fully registered bonds, without interest coupons, payable to the appropriate registered owner, assignee, or assignees, as the case may be, having the same maturity date, and bearing interest at the same rate, in any denomination or denominations in any integral multiple of $5,000 as requested in writing by the appropriate registered owner, assignee, or assignees, as the case may be, upon sur- render of this Bond to the Paying Agent/Registrar for cancella- tion, all in accordance with the form and procedures set forth in the Bond Ordinance. The Issuer shall pay the Paying Agent/ Registrar's standard or customary fees and charges for trans- ferring, converting, and exchanging any Bond or any portion thereof, but the one requesting such transfer, conversion, and exchange shall pay any taxes or governmental charges required to be paid with respect thereto as a oondi.ticn precedent to the exercise of such privilege of conversion and exchange. The Paying Agent/Registrar shall not bo required to make any such conversion and exchange (i) during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date, or, (ii) with respect to any Bond or portion thereof called for redemption prior to maturity, within 45 days prior to its redemption date. 19 l 1 j: AgondaN'o.___~ Ago ida Itnnt wte IN THE EVENT any Paying Agent/Registrar for the Bonds changed by the Issuer, resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Bond ordinance that it promptly will appoint a competent and legally qualified substi- tute therefor, and promptly will cause written notice thereof to be mailed to the registered owners of the Bonds, IT IS HEREBY certified, recited, and covenanted that this sold, andddehas been livered; d that a all validly acts, conditions, authorized, and e things issued, required or proper to be performed, exist, and be done precedent to or in the authorization, issuanoe, and delivery of this Bond have been perfomed, existed, and been done in accordance with law; that this Bond is a general obligation of the Issuer, issued on the full faith and credit thereof; and that annual ad valorem taxes sufficient to provide for the payment of the interest on and principal of this Bond, as such interest comes due and such principal matures, have been levied and ordered to be levied against all taxable property in the Issuer, and have been pledged irrevocably for such payment, within the lAmit pre- scribed by law. BY BECOMING the registered owner of this Bond, the regis- tered owner thereby acknowledges all of the terms and provi- sions of the Bond ordinance, agrees to be bound by such terms and provisions, acknowledges that the Bond ordinance is duly recorded and available for inspection in the official minutes and records of the governing body of the Issuer, and agrees that the terms and provisions of this Bond and the Bond Ordi- nance constitute a contract between each registered owner hereof and the Issuer, the caused Mayor this signed NwithNthe facsimile the signature of has the dIsto be suer and countersigned with the facsimile signature of the City Secretary of the Issuer, and has caused the official seal of the Issuer to be duly impressed, or placed in facsimile, on on this Bond, ___(fag,~imi,lu sj~gnaturel p ffaci~imile,~,~aturel City of Denton, Texas - City of Denton, Texas (CITY SEAL) n L4L_P &yjN ~-~l _l~Tjjo TjgAT I( GF$T;fFI ATE PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE 20 r. f.; { off` hf 4 'r Agonda No.._...~~ ~ w Agenda 11orn_ ~ 0016 It is hereby certified that this Bond has been issued- under the provisions of the Bond ordinance described in this L~ Bond; and that this Bond has been issued in conversion of and exchange for or replacement of a bond, bonds, or a portion of a bond or bonds of an issue which originally wan approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas. NATIONSBANK OF TEXAS, N.A., FORT WORTH, TEXAS Paying Agent/Registrar Dated By Authorized Representative FORM OF ASSIGNMENT: ASSIGNMENT FOR VALUE RECEIVED, the undersigned registered owner of this Bond, or duly authorized representative or attorney thereof, hereby assigns this Bond to L. ~ (Assignee's Social (print or typewrite Assignee's name and Security or Taxpayer address, including zip code) Identification Number) and hereby rrevocably constitutes and appoints attorney to transfer the -registration of this Bond on the Paying Agent/Registrar's Registration Books with full power of substitution in the premises. Dated; Signature Guaranteed: 140TICE This signature must be - Registered Ownur~ guaranteed by a member of the NOTICE: This signature roust New York Stock Exchange or a correspond with the name of commercial bank or trust the Registered Owner appamr- company, ing on the face of this Band. Section 8. TAX LEVY. A special Interest and Sinking Fund (the "Interest and Sinking Fund") is hereby created solely for the benefit of the Bonds, and the Interest and Sinking Fund C 21 + r. agai~da PJo. -ZL/ 7 ~C Agmida Jtom /C Uflo shall be established and maintained by the issuer at n~offi_ cial depository bank of the Issuer, The Interest and Sinkin f Fund shall be kept separate and apart from all other funds and accounts of the Issuer, interest on and principal n of sthelBondsfiedA.llladfoval.oremntaxes levied and collected for and on account of the Bonds shall be deposited, as collected, to the credit of the Interest and Sinking Fund. During each year while any of the Bondse or interest thereon are outstanding and unpaid, the governing body of the Issuer shall compute and ascertain a rates and amount of ad valorem tax which will be sufficient to raise and produce the money required to pay the Interest on the Bonds as such interest becomes due, and to provide and maintain a sinking fund adequate to pay the principal of its Bonds as such principal matures (but never less than 2% of the or..tgina.l principal amount of the Bonds as a sinking fund each year)t and said tax shall be based on the latest approved tax rolls of the issuer, with full allowance being made for tax delinquencies and the cost of tax collection. Said rate and amount of ad valorem tax is hereby levied, and is hereby ordered to be levied, against all taxablia property in the Issuer' for each year while any of the Bond; or interest thereon are outstanding and unpaidt and said tax shall be assessed and collected each such year and deposited to the credit of the aforesaid Interest and Sinking Fund, Said ad valorem taxes sufficient to provide for the payment of the interest on and principal of the Bonds, as such interest comes riue and such principal matures, are hereby pledged for such payment, within the limit prescribed by law. Section 10, DEFEASANCr OF BONDS. (a) Any Bond and the interest thereon shall. be deemed to be paid, retired, and no longer outstanding (a "Defeaised Bond") within the meaning of this Ordinance, except to the extent provided in subsection (d) of this Section, whin payment of the principal of such Bond, plus interest: thereon to the due date (whether such due date be by reason of maturity, upon redemption, or otherwise) either (i) shall have been made or caused to be made in accordance with the terms thereof (including the giving of any required ort bece of such p due n date or by iirreshall vocably have debeen positing provided with f oor on making available to the Paying Agent/Registrar for such payment (1) lawful money of the United States of. America sufficient to make such payment or (2) Government obligations which mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of, suffi- cient money to provide for such payment, and when proper arrangements have been made by the Issuer with the Paying Agent/Registrar for the payment of its services until all Defansed Bonds shall have become due and payable. At such time C 22 i A~onda Vern C~ S as a Bond shall be deemed to be a Defeased Bond hereunder,`Y4e//, aforesaid, such Bond and the, Interest thereon shall no longer be secured by, payable from, or entitled to the benefits of, the ad valorem taxes herein levied and pledged as provided in this ordinance, and such principal and interest shall be payable solely from such money or Government obligations. (b) Any moneys so deposited with the Paying Agent/Regis- trar may at the written direction of the Issuer also be in- vested in Government obligations, maturing in the amounts and times as hereinbefore set forth, and all income from such Government Obligations received by the Paying Agent/Registrar which is not required for the payment of the Bonds and interest d thereon, with respect to which such money has been so de- 3 posited, shall be turned over to the issuer, or deposited as directed in writing by the issuer, (c) The term "Government obligations" as used in this section shall mean direct obligations of the United States of America, including obligations the principal of and interest on which are unconditionally guaranteed by the United States of America, which may be United States Treasury obligations such as its State acid Local Government Series, which may be i.n book-entry form. (d) Until all Defeased Bonds shall have become due and payable, the Paying Agent/Registrar shall perform the services of Paying Agent/Registrar for such Defeased Bonds the same as if they had not been defeased, and the issuer shall make proper arrangements to provide and pay for such services as required by this Ordinance. Section 11, DAMAGED, MUTILATED, LOST, STOLEN, OR DE- STROYED BONDS. (a) Replacement Bonds. In the event any outstanding Bond is damaged, mutilated, lost, stolen, or destroyed, the Paying Agent/Registrar shell cause to be print- ed, executed, and delivered, a new bond of the same principal amount, maturity, and interest rate, as the damaged, mutilated, lost, stolen, or destroyed Bond, in replacement for such Bond in the manner hereinafter provided, (b) Appli at on for Renlacement_Aonds, Application for replacement of damaged, mutilated, lost, stolen, or destroyed Bonds shall be made by the registered owner thereof to the Paying Agent/Registrar. in every case of loss, theft, or destruction of a Bond, the registered owner applying for a replacement bond shall furnish to the Issuer and to the Paying Agent/bagistrar such security or indemnity as may be required by them to stave each of them harmless from any loss or damage with respect thereto. Also, in every case of loss, theft, or 23 ti ii Agenda No. ` D Agonda Item yl~s [SID destruction of a Bond, the registered owner shall furnish to~,~ the Issuer and the Paying Agent/Registrar evidence to their satisfaction of the loss, theft, or destruction of such Bond, as the case may be. In every case of damage or mutilation of a Bond, the registered owner shall surrender to the Paying Agent/Registrar for cancellation the Bond so damaged or muti- lated. (c) Iq Default Occurred. Notwithstanding the foregoing provisions of this Section, in the event: of any much Bond shall have matured, and no default has occurred which is then con- tinuing in the payment of the principal of, redemption premium, if any, or interest on the Band, the Issuer may authorize the payment of the same (without surrender thereof except: in the cage of a damaged or mutilated Bond) instead of issuing a " replacement Bond, provided security or indemnity is furnished as above provided in this Section. (d) Qharge for_Jssuing Replacement_J3_=nLq. Prior to the issuance of any replacement bond, the F,aying Agent/Registrar shall charge the registered owner of such Bond with all legal, printing, and other expenses in connection therewith. Every replacement bond issued pursuant to the provisions of this section by virtue of the fact that any Bend is lost, stolen, or destroyed shall constitute a contractual obligation of the Issuer whether or not the lost, stolen, or destroyed Bond shall be found at any time, or be enforceable by anyone, and shall be entitled to all the benefits of this Ordinance equally and proportionately with any and all other Bonds duly issued under this ordinance. (e) Authority for Issuing Replacement Bonds. In accor- dance with Section 6 of Vernan's Ann. Tex, Civ, St. Art. 717k-61 this Section of this Ordinance shall constitute author- ity for the issuance of any such replacement bond without necessity of further action by the governing body of the Issuer or any other body or person, and the duty of the replacement of such bonds is hereby authorized and imposed upon the Paying Agent/Registrar, and the Paying Agent/Registrar shall authen- ticate and deliver such Bands in the form and manner and with the effect, an provided in Section 6(d) of this ordinance for Bonds issued in conversion and exchange for other Bonds. Section 12. COVENANTS REGARbINO TAX-EXEMPTION. The Issuer covenants to refrain from taking any action which would adversely affect, and to take any action required to ensure, the treatment of the Bonds as obligations described in section 105 of the Code, the interest on which is not includable in the "gross income" of the holder for purposes of federal income 24 v. AgondaNo, __f 2 -e)o Agenda Item,_ tote 9z, taxation. In furtherance thereof, foll the Issuer covenants asd,~. follows: (a) to take any action to assure that no more than 10 percent of the proceeds of the Bonds (less amounts deposited to a reserve fund, if any) are used for any "private business use", as defined in section 141(b)(6) of the Code or, if more than 10 percent of the proceeds are + so used, that amounts, whether or not received by the Issuer, with respect to such private business use, do not, under the terms of this Ordinance or any underlying arrangement, directly or indirectly, secure or provide for the payment of more than 10 percent of the debt service on the Bonds, in contravention of section 141(b)(2) of the coder (b) to take any action to acqure that in the event that the "private business use" described in subsection (a) hereof exceeds 5 percent of the proceeds of the Bonds (less amounts deposited into a reserve fund, if any) then the amount to excess of 5 percent is used for a "private business use" which is "related" and not "disproportion- ate", within the meaning of section 141(b)(3) of the Code, to the governmental user (c) to take any action to assure that no amount which is greater than the lesser of $5,000,000, or 5 percent of the proceeds of the Bonds (less amounts depos- ited into a reserve fund, if any) is directly or indirect- ly used to finance loans to persons, other than state or local governmental units, in contravention of section 141(c) of the Codej otherwise resultrinn then Bonds taking any action which would activity bonds" within the moaning of section 3,41(b) of the cadet (e) to refrain from taking any action that would result in the Bonds being "federally guaranteed~l within the meaning of section 149(b) of the Codei (f) to refrain from using any portion of the pro- ceeds of the Bonds, directly or indirectly, to acquire or to replace funds which were used, directly or indirectly, to acquire investment property (as defined in section 148(b)(2) of the Code) which produces a materially higher yield over the term of the Bonda, other than investment property acquired with ,V 25 ti r. a c. Agenda No. N Agenda Itern__~~ Oita 2~a (1) proceeds of the Bonds invested for a C reasonable temporary period of 3 years or less until such proceeds are needed for the purpose for which the Bonds are issued, (2) amounts invested in a bona fide debt service fund, within the meaning of section 1,103-13(b)(12) of the Treasury Regulations, and a (3) amounts deposited in any reasonably re- quired reserve or replacement fund to the extent such amounts do not exceed 10 percent of the proceeds of the Bonds; (g) to otherwise restrict the use of the proceeds of the Bonds or amounts treated as proceeds of the Bonds, as may be necessary, so that the Bonds do not otherwise contravene the requirements of section 148 of the Code (relating to arbitrage) and, to the extent applicable, section 149(d) of the Code (relating to advance refundings); (h) to pay to the United States of America at least once during each five-year period (beginning on the date of delivery of the Bonds) an amount that is at least equal to 90 percent of the "Excess Earnings0r, within the meaning of section 148(f) of the Code and to pay to the United States of America, not later that 60 days after the Bonds have been paid in full, 100 percent of the amount then required to be paid as a result of Excess Earnings under section 148(f) of the Codet and (i) to maintain such records as will enable the issuer to fulfill its responsibilities under this section and section 148 of the Code and to retain such records for at least six years following the final payment of princi- pal and interest on the Bonds. It is the understanding of the Issuer that the covenants contained herein are intended to assure compliance with the Code and any regulations or rulings promulgated by the U.S. Department of the Treasury pursuant thereto. in the event that regulations or rulings are hereafter promulgated which modify, or expand provisions of the Code, as applicable to the Bonds, the Issuer will not be required to comply with any covenant contained herein to they extent that such modification or expansion, in the opinion of nationally-recognized bond coun- sel, will not adversely affect the exemption from federal income taxation of interest on the Bonds under section 103 of the Code. In the event that regulations or rulings are c 26 Agenda No Agenda Iteal rkzto hereafter promulgated which impose additional requirements,~Iy/ ✓ y~ which are applicable to the Bonds, the Issuer agrees to comply with the additional requirements to the extent necessary, in the opinion of nationally-recognized bond counsel, to preserve the exemption from Yederal income taxation of interest on the Bonds under section 103 of the Code. Section 13. CUSTODY, APPROVAL, AND REGISTRATION OF BONDS; BOND COUNSELS OPINION, CUSIP NUMBERS, PREAMBLE AND INSURANCE. The Mayor of the Issuer is hereby authorized to have control of the Initial Bond issued hereunder and all necessary records and proceedings pertaining to the Initial Bond pending its delivery and its investigation, examination, and approval by the Attor- ney General of the State of Texas, and its registration by the Comptroller of Public Accounts of the State of Texas. Upon , registration of the initial Bond said comptroller of Public Accounts (or a deputy designated in writing to act for said Comptroller) shall manually sign the Comptroller's Registration Certificate on the Initial Bond, and the seal of said Comptrol- ler shall be impressed, or placed in facsimile, on the initial Bond. The approving legal opinion of the Issuer's Bond Counsel and the assigned CUSIP numbers may, at the option of the Issuer, be printed on the Initial Bond or on any Bonds issued and delivered in conversion of and exchange or replacement of any Bond, but neither shall have any legal effect, and shall be solely for the convenience and information of the registered owners of the Bonds. The prs-amble to this ordinance is hereby adopted and made a part hereof for all purposes. If insurance is obtained on any of the Bonds, the initial Bond and all other Bonds shall bear an appropriate legend concerning insurance as provided by the insurer. Section 14. SALE of INITIAL BOND. The Initial Bond is hereby sold and shall be delivered to and Associates, for cash for the par value thereof and, accrued interest thereon to date of delivery, plus a premium of $ it is hereby officially found, determined, and declared that the Initial Bond has been sold at public sale to the bidder offering the lowest interest cost, after receiving sealed bids pursuant to an Official Notice of Sale and Bidding instructions and official Statement dated February 18, 1992, prepared and distributed in connection with the sale of the initial Bond. Said official Notice of Sale and Bidding instructions and Official Statement, and any addenda, supplement, or amendment thereto have been and are hereby approved by the Issuer, and their use in the offer and sale of the Bonds is hereby approved. It is further officially Pound, determined, and declared that the statements and repre- sentations contained in said official Notice of Sale and 27 C 1. 1i Agenda No, _%2 CAD V T ~s 7y- 9)0 Agen0 tum Dale 3 Official Statement are true and correct in all material re- `r spects, to the best knowledge and belief of the city council, section 15. INTEREST EARNINGS ON BOND PROCEEDS. Interest earnings derived from the investment of proceed, from the sale of the Initial Bond shall be used along with other bond pro- ceeds for the acquisition and construction of the improvements for which the Bonds are issued; provided that after completion of such improvements, if any of such interest earnings remain on hand, such interest earnings shall be deposited in the interest and Sinking Fund. It is further provided, however, that any interest earnings on bond proceeds which are required to be rebated to the United States of America pursuant to + Section 12 hereof in order to prevent the Bonds from being arbitrage bonds shall be so rebated and not considered as interest earnings for the purposes of this section. Section 16. DESIGNATION AS QUALIFIED TAX-EXEMPT OBLIGATIONS. The Issuer hereby designates the Bonds as "qualified tax-exempt obligations" as defined in Section 265(b)(3) of the Internal Revenue Code of 1986 (the "Code"). In furtherance of such designation, the Issuer represents, covenants, and warrants the followings (a) that during the calendar year in which the Bonds are issued, the Issuer (including any subordinate entities) has not designated nor will designate any obligations which when aggregated with the Bonds will result in more than $10,000,000 of "qualified tax-exempt obligations" being issuedi (b) that the Issuer reasonably anticipates that the amount of tax-exempt obligations issued during the calendar year in which the Bonds are issued, by the Issuer (or any subordinate entities) will not,exceed $10,000,0001 and, (c) that the Issuer will take such action or refrain from such action as necessary, and as more particularly set forth in Section 12, hereof, in order that the Bonds will not be considered "private activity bonds" within the meaning of section 141 of the Code. Section 1.7. DTC REGISTRATION. The Bonds initially shall be issued and delivered in such manner that no physical distri- bution of the Bonds will be made to the public, and the Deposi- tory Trust Company ("DTC"), New York, Now York, initially will act as depository for the Bonds. OTC has represented that it is a limited purpose trust company incorporated under the laws of the State of New York, a member of the Federal Reserve System, a "clearing corporation" within the meaning of the New York Uniform Commercial Code, and a 01clearing agency" regis- tered under Section 17A of the federal Securities Exchange Act of 1934, as amended, and the Issuer accepts, but in no way verifies, such representations. The Initial Bond authorized by this ordinance shall be delivered to and registered in the name of the Purchaser. However, it is a condition of delivery 28 C ',LJ i ~k 11 Agnnda No. ^ `/.2 `t1D A~}nnda Ilom 43_,-- r Drlo and sale that the Purchaser, immediately after such deliver, shall cause the paying Agent/Registrar, as 1+rovided for in this Ordinance, to cancel said Initial Bond and deliver in exchange I therefor a substitute Bond for each maturity of such initial Bond, with each such substitute Bond to be registered in the name of CEDE & CO. , the nominee of OTC, and it shall be the duty of the Paying Agent/Registrar to take such action. It is expected that OTC will hold the Bonds on behalf of the Purchas- er and/or the DTC Participants, as defined and described in the official statement referred to and approved in section 14 hereof (the "DTC Participants"). So long as each Bond is registered in the name of CEDE & CO., the Paying Agent/Regis- trar shall treat and deal with DTC in all respects the same as if it were the actual and beneficial owner thereof. It is expected that DTC will maintain a book entry system which will identify beneficial ownership of the Bonds by DTC Participants in integral amounts of $5,000, with transfers of ownership being effected on the records of DTC and the DTC Participants pursuant to rules and regulations established by them, and that the substitute Bonds initially deposited with DTC shall be immobilized and not be further exchanged for substitute Bonds except as hereinafter provided. The Issuer is not responsible or liable for any functions of DTC, will not be responsible for paying any fees or charges with respect to its services, will not be responsible or liable for maintaining, supervising, or reviewing the records of DTC or the DTC Participants, or protecting any interests or rights of the beneficial owners of the Bonds, It shall be the duty of the Purchaser and the DTC Participants to make all arrangements with DTC to establish this book-entry system, the beneficial ownership of the Bonds, and the method of paying the fees and charges of DTC. The Issuer does not represent, nor does it in any way covenant that the initial book-entry system established with DTC will be maintained in the future. The Issuer reserves the right and option at any time in the future, in its sole discretion, to terminate the DTC; (CEDE & CO.) book-entry only registration requirement described above, and to permit the Bonds to be registered in the name of any owner. If the Issuer exercises its right and option to terminate such requirement, it shall give written notice of such termination to the Paying Agent/ Registrar and to DTC, and thereafter the Paying Agent/Registrar shall, upon presentation and proper request, register any Bond in any name as provided for in this ordinance. Notwithstand- ing the initial establishment of the foregoing book-entry system with DTC, if for any reason any of the originally delivered substitute Bonds is duly filed with the Paying Agent/Registrar with proper request for transfer and substitu- tion, as provided for in this ordinance, substitute Bonds will be duly delivered as provided in this ordinance, and there 29 a 1 h AQdndaNo. Agondallem 127 will be no assurance or representation thatDR4ry-b4:k system will be maintained for such Bonds. j a~p?J Section 18. FURTHER PROCEDURES. The Mayor of tYte Issuer, the City Secretary of the Issuer, and all other officers, employees, and agents of the Issuer, and each of them, shall be and they are hereby expressly authorized, empowered, and directed from time to time and at any time to do and perform all such acts and things and to execute, acknowledge, and deliver in the name and under the corporate seal and on behalf of the Issuer all such instruments, whether or not herein mentioned, as may be necessary or desirable in order to carry " out the terms and provisions of this Bond Ordinance, the Bonds, the sale of the Bonds, and the Notice of Sale and Official Statement; and the Director of Finance of the City shall cause the expenses of issuance of the Bonds to be paid from the } proceeds of sale of the initial Bond. In case any officer whose signature shall appear on any Bond shall cease to be such officer before the delivery of such Bond, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. A 30 4 r. ~I 1 I~+-ray-~~.~ ~.y.~..•..~ f- ~'CITY T COUNCIL 40 1 Fa ~--r •a ~ 1 _ a } 0 0 1 `p 9400 pn Y r r 1 a 1 H~~~Fw+i.rw.~ _ ~LMrNu t1.~YJ-I.y y ..l.r~ r - 'I Y T AgendatVo. -/>d~-- Agenda Ilem Iklu ~ ~-jZ! _ CITY Of DENTON, TEXAS MUNICIPAL BUILDING / 215 E. McKWNEY / DENTIN, T XAP76201 5 MEMORANDUM r DATE: February 27, 1992 TO: Lloyd V. Harrell, City Manager ;ter FROM: John F. McGrane, Executive Director of Finance SUBJECT: CERTIFICATES OF OBLIGATION, SERIES 1992 This ordinance authorizes the Intent to Sell $1,325,000 worth of Certificates of Obligation. The Certificates are to provide for $725,000 in building improvements which have been outlined by Bruce Henington to Council at an earlier meeting. it also includes $600,000 for vehicles. Those vehicles are as follows: 2 - Rear Load Refuse Trucks 1 - 12 Yard Dump Truck for the Street Department 1 - Pothole Patoher 1 - Bucket Truck for the Traffic Department 1 - Ambulance 12 - Police Sedans 1. - suburban - Miscellaneous EMS equipment As you are aware, the vehicles are purchased through our Motor Pool and are paid back by the departments on a lease/purchase type of arrangement. By doing this we can lease/purchase vehicles and equipment tit lower rates. If you need any additional information, please advise, JFMcG:af AFF0015F h~ 8171'566.8200 D/FW METRO 434.2529 1. ti I` ~I Agonda Itarn__/_'S '~1 G CERTIFICATE Usto 7~ ORDINANCE AUTHORIZING THE FOR ISSUANCE, f_ 3d5r CITY OF DFNTON CERTIFICATES OF SALE' AND DELIVEROF AND APPROVING AND OF OBLIs3ATrON~ SERIES 1992' R. E.,ATING AUTHORIZING INSTRUMENTS ANp PROCEDURES THE STATE OF TEXAS - - COUNTY OF DENTON CITY OF DENTON We, the undersigned officers; of said City, hereby certify as follows: ar'' 1• The City Council of said city convened in REGULAR MBETING ON THE 3RD DAY OF MARCH, 1992, at the Municipal of the duly const.itutedg officersa and' meand the l was mbers oflsaid called 11 Council, to-wit: d city Jennifer K. Walters, City Secretary Bob Castleberry, Mark Chew Jane Hopkins John Trent Mayor Harold Perry Ji:n Alexander and all of said Margaret Smith absentees; persons were present, except the fallowing thus constituting a the following was is quo um,d th said` jzt amr g~ ORDINANCE AU'T'HORIZING THE ISSUANCE other teniness;r g a written Meet CITY OF DENTON CERTIFICATES OF OBLIGATION AND DELIVERY OF AND APPROVING AND AUTHORIZING I.NSTRUMENTSrANDRPROCEDURES RELATING THERETO was duly introduced for the consideration of 0aid city councj.l + and duly read, It was then duly moved and seconded that said ordinance be passed) and, after due discussion, said motion, carrying with it the passage of said Ordinance, prevailed and carried by the follc>w.{ng voter AYES: NOES: ABSTENTIONS; 2. That a true full, and correct a Ordinance passed at 'the Meeting described pinetheh above' and d foregoing paragraph is attached to and follows this Certirl- cate; that said Ordinance has been duly recorded in said City Council's minutes of said Meeting; that the above and foregoing c ti h p ' R1 I ACenda No. kjonda Item , U'lu A paragraph is a true full J,4 and correct excerpt from said (,ity~ ~J Council's minutes of said Meeting pertaining to the passage of said Ordinance] that the persons named in the above and fore- going paragraph are the duly chosen officers and members of said city Councilaas£indicated ttheregin; and that each of the officers and members of said city council was duly and sufficiently notified officially and personally, In advance, of the time, place, and purpose of the aforesaid Meeting, and that said Ordinance would be introduced and considered for passage at said Meeting; and that said Meeting was open to the public, and public notice of the time, place, and purpose of said meeting was given, all as required by Vernon's Ann. Rex. Civ. St. Article 6252-17. 3. That the Mayor of said City has approved, and herby approves, the aforesaid ordinance; that the Mayor and the City Secretary of said city have duly signed said Ordinance; and that the Mayor and the city Secretary of said City hereby declare that their signing of this Certificate shall constitute the signing of the attached and following copy of said ordi- nance for all purposes. SIGNED AND SEALED the 3rd day of March, 1992, City 5e` cretery Mayor {SEAL} - - - - - - - - - - - - - - - - - - - - - - - - We, the undersigned, being respectively the City Attorney and the Bond Attorneys of the City of Denton, Texas, hereby certify that we prepared and approved its to legality the attached and following ordinance prior to its passage as aforesaid. City Attorney - Bond Attorneys ;V J li it ORDINANCE No, 92- Aoenda No. ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF CITY OF D&TON CERTIFICATES OF OBLIGATION, SERIES 1992, AND APPROVING AND llTHOORIZIN(; I S' UME TS AND PROCEDURES R_ LATTNG THE_RETO THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON ; WHEREAS, the Certificate of Obligation Act of 1971, as ' amended and codified (the "Act") permits the City to issue and sell for cash the certificates of obligation hereinafter authorized; and .p WHEREAS, the city has duly caused notice of its intention to issue the Certificates of Obligation hereinafter authorized to be published at the times and in the manner required by the Act and no petition has been filed protesting the issuance thereof, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS THAT: Section 1, AMOUNT AND PURPOSE OF THE CERTIFICATES. The certificate or certificates of the City of Denton, Texas (the "Issuer") are hereby authorized to be issued and delivered in the aggregate principal amount of $1,325,000, FOR THE PURPOSE OF PAYING ALL OR A PORTION OF THE CITY'S CONTRACTUAL OBLIGA- TIONS INCURRED (1) PURSUANT TO CONTRACTS FOR THE CONSTRUCTION 0.? PUBLIC WORKS, TO-WIT: (a) REPLACING AIR CONDITIONING SYSTEMS IN CITY BUILDINGS, (b) REPLACING ROOFS ON CITY BUILD- INGS, (c) CONSTRUCTING AND REPAIRING PARKING LOTS FOR CITY BUILDINGS, (d) INSTALLING ELECTRICAL EQUIPMENT IN CITY BUILD- INGS, (e) RENOVATING CITY BUILDINGS, (f) CONSTRUCTING NEW SIDEWALKS AT CITY BUILDINGS, (g) RENOVATING THE CITY SWIMMING POOL, (h) INSTALLING SECURITY SYSTEMS IN CITY BUILDINGS, AND (i) INSTALLING SOUND SYSTEMS IN CITY BUILDINGS; AND (2) PURSU- ANT TO CONTRACTS FOR THE PURCHASE OF THE FOLLORING EQUIPMENT FOR CITY USE: TWO REFUSE TRUCKS, A DUMP TRUCK, A STREtT POTHOLE PATCHER, A TRAFFIC SIGNAL BUCKET TRIJCKr A FIRE DEPAR'T'MENT AMBULANCE, FIRE DEPARTMENT EMERGENCY MEDICAL EQUIPMENT, A SUBURBAN AUTOMOBILEr AND TWELVE POLICE CARS1 AND ALSO FOR THE PURPOSE OF PAYING ALL OR A PORTION OF THE CITY'S CONTRACTUAL OBLIGATIONS FOR PROFESSIONAL SERVICES OF ENGINEERING, ATTOR- NEYS, AND FINANCIAL ADVISORS IN CONNECTION WITH THE ABOVE CONTRACTS AND SAID CERTIFICATES OF OBLIGATION, Section 2. DESIGNATION OF THE CERTIFICATES. Each cert- ificate issued pursuant to this ordinance shall be designated; "CITY OF DENTON CERTIFICATE OF OBLIGATION1 SERIES 1992", and c 1 ,s ( { `i t Agonda Itom_„/~' S~ G f NO- 119 initially there shall iue issued 0~ a single'fully registered certificalte' and delivered hereon pons, payable in installments Without interest cou-r Certificate11), but the Initial Certificate al (the "Initial transferred and/or converted into and exchangedefaor iagned and aggregate principal amount of full like without interest coupons, having y registered certificates, denomination or denominations of serial maturities and i t p•'•e Of $50000 $5, 000 or any int r the 0 term 0 all in the manner hereinafteregral multi- as used in this Ordinance gh lId mea- The include collectively the initial Certificate and all substitute n and certificates exchanged therefor, as well as tote certificates and replacement certificates issued other s+ hereto , and the term "Certificatesi' issued ubsti- Certificates, shall mean any of Y the Section 3. INITIAL DATE, DENOMINATION, NUMBERO MATURI TIES) INITIAL REGISTERED OWNER, AND CHARACTERISTICS INITIAL CERTIFICATE, F THE - OF THE (a) The Initial Certificate is hereby authorized to issued, sold, and delivered hereunder as a s registered Certificate in le be It 1992, in the dente, :it out interest coupons, dateduily March It 19 2, numbered ina aggregate principal amo nt of principal to the initial registered in annual installments of owner thereof, to-wit: or to the re or an gistered assignee or assignees of said Certificate any portion or portions thereof (in each case, the "re is- tered owner"), with the annual installments of initial Certificate to be Payable on the principal of the da and in the principal amounts, respectivel tes, respectively, stated OF INITIAL CERTIFICATE set forth in this Ordinance, in the FORM (b) The Initial Certificate (i) may be asst transferred, (ii) may be converted and exchanged Certificates fined and for shall be to ' (iii) shall have the characteristics a other on the InitialdCertificate shallthe principal of andai teres)t and in the manner required or indicated, in all as CERTIFICATE set forth in this Ordinancpayable e, n the FORM OFoIHITaAL Section 4. INTEREST, The unpaid principal balance of the initial Certificate shall bear interest from the date of the Initial Certificate to the respective scheduled due dates of the jnstallments of principal of the initial certificate and said interest shall' be payable, all in the manner provided and 4 C_ 2 Ya J 6 ;J `J 3- Aganda No, Aflmnda Ito, n,. at the rates and on the dates stated in the FORM OF INITIIA CERTIFICATE set forth in this Ordinance. I Section 5. FORM OF INITIAL CERTIFICATE. The form of the nitial Certificate, including the form of Registration Certif-e Of Texas to bee endorsed On the Public Certificate heshalle of substantially as follows: be 4 EQRK- OF_ InT_1_A~L ER, TIF1CATE NO. R-1 UNITED STATES OF AMERICA $1,325,000 )foe STATE OF TEXAS COUNTY CITY OF DENTON CERTIFICATE OF OBLIGATION O SERIES 1992 THE CITY OF DENTON, in Denton County, Texas (the "Issu- hereb being a political subdivision of the State of Texas, y promises to pay to or to the registered assignee or assignees of this Certificate or any portion or portions hereof (in each case, the "regis- tered owner's) the aggregate principal amount of (ONE MILLION THREE HUNDRED TWENTY FIVE THOUSAND DOLLARS) In annual installments of principal due and payable on JULY 2 in each of the years, and in the respective principal amounts, as set forth in the following schedule: YEP~rt PRINCIPAL _~MOUNT y~~ PRINCIPAL 2993 1994 $230,000 2001 245,000 2002 $70,000 1995 255f000 2003 75,000 1996 30,000 1997 50,000 2009 30,000 1998 55,000 2005 1999 .5 5,000 2006 30,000 60,000 35,000 2000 650000 2007 90,000 and to pay interest, calculated on the basis of a 360-day year composed of twelve 30-day months, from the date of this certif- icate hereinafter stated, on the balance of each such c_ 3 `t r %i r A900a No, Aponda ftom x-'-(~xl. C installment of principal, respectively, remaining unpaid, at the rates as follws;from time to time per annum on the above installment due in 1993 per annum on the above installment due in 1994 per annum on the above installment due in 1995 per annum on the above installment due in 1996 per annum on the above installment due in 1997 per annum on the above installment due in 1999 per annum on the above installment due in 1999 per annum on the above installment due in 2000 per annum on the above installment due in 2001 per annum on the above installment due in 2002 per annum on the above installment due in 2003 per annum on the above installment due in 2004 per annum on the above installment due in 2005 per annum on the above installment due in 2006 per annum on the above installment due in 2007 with said interest being payable on JANUARY 1, 1993, and semi- annually on each JULY 1 and JANUARY 1 thereafter while this Certificate or any portion hereof is outstanding and unpaid. THE INSTALLMENTS OF PRINCIPAL OF AND THE INTEREST ON this Certificate are payable in lawful money of the United States of America, without exchange or collection charges. The install- ments of principal and the interest on this Certificate are payable to the registered owner hereof through the services of NATIONSBANX OF TEXAS, N.A., FORT WORTH, TEXAS, which is the "Paying Agent/Registrar" for this Certificate. Payment of all principal of and interest on this Certificate shall be made by the Paying Agent/Registrar to the registered owner hereof on I each principal and/or interest payment date by check dated as of such date, drawn by the Paying Agent/Registrar on, and payable solely from, funds of the Issuer required by the ordinance authorizing the issuance of this Certificate (the "certificate ordinance") to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter provided; and such check shall be sent by the Paying Agent/Registrar by United States mail, first-class postage prepaid, on each such principal and/or interest payment date, to the registered owner hereof, at the address of the registered owner, as it appeared at the ,lose of business on the 15th day of the month next preceding each such date (the "Record Date") on the Registra- tion Books kept by the laying Agent/Registrar, as hereinafter described. The Issuer covenants with the registered owner of this Certificate that on or before each principal and/or interest payment date for this Certificate it will make avail- able to the Paying Agent:/Registrar, from the "Interest and Sinking Fund,r created by the Certificate Ordinance, the amounts ~Y4 N. , kjond'a No. Alionda itom_S Z7 r~ J J required to provide for the payment, in immediately availablV funds, of all principal of and interest on this Certificate, when due, IF THE DATE for the payment, of the principal of or inter- est on this Certificate shall be a Saturday, Sunday, a legal holiday, or a day on which banking institutions in the City where the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which banking institutions are a authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due, THIS CER'T'IFICATE has been authorized in accordance with „e the Constitution and laws of the state of Texas FOR THE PURPOSE OF PAYING ALL OR A PORTION OF THE CITY'S CONTRACTUAL OBLIGA- TIONS INCURRED (1) PURSUANT TO CONTRACTS FOR THE CONSTRUCTION OF PUBLIC WORKS, TO-WIT: (a) REPLACING AIR CONDITIONING SYSTEMS IN CITY BUILDINGS, (b) REPLACING ROOFS ON CITY BUILD- INGS, (c) CONSTRUCTING AND REPAIRING PARKING LOTS FOR CITY BUILDINGS, (d) INSTALLING ELECTRICAL EQUIPMENT IN CITY BUILD- INGS, (e) RENOVATING CITY BUILDINGS, (f) CONSTRUCTING VEW SIDEWALKS AT CITY BUILDINGS, (g) RENOVATING THE CITY SWIMMING POOL, (h) INSTALLING SECURITY SYSTEMS IN CITY BUILDINGS, AND (i) INSTALLING SOUND SYSTEMS IN CITY BUILDINGS] AND (2) PURSU- ANT TO CONTRACTS FOR THE PURCHASE OF THE FOLLOWING EQUIPMENT FOR CITY USE: TWO REFUSE TRUCKS, A DUMP TRUCK, A STREET POTHOLE PATCHER, A TRAFFIC SIGNAL BUCKET TRUCK, A FIRE DEPARTMENT AMBULANCE, FIRE DEPARTMENT EMERGENCY MEDICAL EQUIPMENT, A SUBURBAN AUTOM0 1ILE, AND TWELVE POLICE CARS: AND ALSO FOR THE PURPOSE OF PAYING ALL OR A PORTION OF THE CITY'S CONTRACTUAL OBLIGATIONS FOR PROFESSIONAL SERVICES OF ENGINEERING, ATTOR- NEYS, AND FINANCIAL ADVISORS IN CONNECTION WITH THE ABOVE CONTRACTS AND SAID CERTIFICATES OF OBLIGATION. n ON JULY 1, 1997, or on any date whatsoever thereafter, the unpaid installments of principal of this Certificate may be prepaid or redeemed prior to their scheduled due dates, at the option of the Issuer, with funds derived from any available source, as a whole, or in part, and, if in part, the particular portion of this Certificate to be prepaid or redeemed shall be selected and designated by the Issuer (provided that a portion of this Certificate may be redeemed only in an integral multi- ple of $5,000), at the prepayment or redemption price of the par or principal amount thereof, plus accrued interest to the date fixed for prepayment or redemption. 5 c r 91 J ACWO No. e ` AVontla Item /OS c F__ i dole IV 1- AT LEAST 30 days prior to the date fixed for any such ~c 3 s prepayment or redemption a written notice of such prepayment or redemption shall be mailed by the Paying Agent/Registrar to the registered owner hereof. By the date fixed for any such prepayment or redemption due provision shall be made by the Issuer with the Paying Agent/Registrar for the payment of the required prepayment or redemption price for this Certificate or the portion hereof which is to be so prepaid or redeemed, plus accrued interest thereon to the date fixed for prepayment or redemption. If such written notice of prepayment ' is given, and if due provision for such payment is redemption provided above, this certificate, or the portion thereof which is to be so prepaid or redeemed, thereby automatically shall be treated as prepaid or redeemed prior to its scheduled due date, and shall not bear interest after the date fixed for Its prepayment or redemption, and shall not be regarded as being outstanding except for the right of the registered owner to receive the prepayment or redemption price plus accrued inter- est to the date fixed for prepayment or redemption from the Paying Agent/Registrar out of the funds provided for such payment. The Paying Agent/Registrar shall record in the Registration Books all such prepayments or redemptions of principal c° this certificate or any portion hereof. THIS CERTIFICATE, to the extent of the unpaid principal mulbalance 000, any be unpaid the hereof asisigned portion initi1 regist red owner hereof and shall be transferred only in the Registration Books of the Issuer kept by the Paying Agent/Registrar acting in the capacity of registrar for the Certificates, upon the terms and conditions set forth j.n the Certificate Ordinance. Among other requirements for such transfer, this Certificate must be presented and surrendered to the Paying Agent/Registrar for cancellation, together with proper instruments of assign- ment, in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar, evidencing assignment by the initial registered owner of this Certificate, or any portion or portions hereof in any integral multiple of $5,000, to the assignee or assignees in whose name or names this Certificate or any such portion or portions hereof is or are to be trans- ferred and registered. Any instrument or instruments of assignment satisfactory to the Paying Agent/Registrar may be used to evidence the assignment of this Certificate or any such portion or portions hereof by the initial registered owner hereof. A new certificate or certificates payable to such assignee or assignees (which then will be the new registered owner it owners of such new Certificate or Certificates) or to the initial registered owner as to any portion of this certifi- cate which is not being assigned and transferred by the initial registered owner, shall be delivered by the Paying 6 r. l; Off'. Fonda No. Aponda Ilom. Ikilo Agent/Registrar in conversion of and exchange for this Certifl~ cate or any portion or portions hereof, but solely in the form and manner as provided in the next paragraph hereof for the conversion and exchange of this Certificate or any portion hereof. The registered owner of this Certificate shall be deemed and treated by the Issuer and the Paying Agent/Registrar as the absolute owner hereof for all purposes, including payment and discharge of liability upon this Certificate to the extent of such payment, and the Issuer and the Paying Agent/- Registrar shall not be affected by any notice to the contrary. ° AS PROVIDED above and in the Certificate ordinance, this Certificate, to the extent of the unpaid principal balance hereof, may be converted into and exchanged for a like aggre- gate principal amount of fully registered certificates, without interest coupons, payable to the assignee or assignees duly designated in writing by the initial registered owner hereof, or to the initial registered owner as to any portion of this Certificate which is not being assigned and transferred by the initial registered owner, in any denomination or denominations in any integral multiple of $5,000 (subject to the requirement hereinafter stated that each substitute certificate issued in exchange for any portion of this certificate shall have a single stated principal maturity date), upon surrender of this Certificate to the Paying Agent/Registrar for cancellation, all in accordance with the form and procedures set forth in the Certificate ordinance. If this Certificate or any portion hereof is assigned and' transferred or converted each certifi- cate issued in exchange for any portion hereof uaall have a single stated principal maturity date corresponding to the due date of the installment of principal of this Certificate or portion hereof for which the substitute certificate is being exchanged, and shall bear interest at the rate applicable to and borne by such installment of principal or portion thereof. No such certificate shall be payable in installments, but shall have only one stated principal maturity date. AS PROVIDED IN THE CERTIFICATE ORDINANCE, THIS CERTIFICATE IN ITS PRESENT FORM MAY BE ASSIGNED AND TRANSFERRED OR CONVERTED ONCE ONLY, and to one or more assignees, but the certificates issued and de- livered in exchange for this Certificate or any portion hereof may be assigned and transferred, and converted, subsequently, as provided in the Certificate Ordinance. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for transferring, converting, and exchanging this Certificate or any portion thereof, but the one requesting such transfer, conversion, and exchange shall pay any taxes or governmental charges required to be paid with respect thereto. The Paying Agent/ Registrar shall not be required to make any such assignment, conversion, or exchange during the period commencing with the close of business on any Record Date and 7 ~I v AgandS No..., r~ OD Amu a0m. 9x Ritd _ 7 ending with the opening of business on the next following principal or interest payment date. IN THE EVENT any Paying Agent/Registrar for this Certifi- cate is changed by the Issuer, resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Certificate ordinance that it promptly will appoint a competent and legally qualified substitute therefor, and promptly will cause written notice thereof to be mailed to the registered owner of this Certificate. q IT IS HEREBY certified, recited, and covenanted that this Certificate has been duly and validly authorized, issued, and delivered; that all acts, conditions, and things required or proper to be performed, exist, and be done precedent authorization, issuance, and delivery ofthis Certificate have been performed, existed, and been done in accordance with law; that this Certificate is a general. obligation of the issuer, issued on the full faith and credit thereof] and that annual ad valorem taxes sufficient to provide for the payment of the interest on and principal of this Certificate, as such interest comes due and such principal matures, have been levied and ordered to be levied against all taxable property in the Issuer, and have been pledged ire--vocably fog such payment, within the limit prescribed by . and that, together with other parity obligations, this t,. ificate additionally is payable from and secured by certain surplus revenues (not to exceed $10,000 in aggregate amount) derived by the Issuer from the ownership and operation of the City's Utility System (consisting of the City's combined waterworks system, sanitary sewer system, and electric light and power system), all as provided in the Certificate Ordinance. THE ISSUER has reserved the right to issue, in accordance with law, and in accordance with the Certificate Ordinance, other and additional obligations, and to enter into contracts, payable from ad valorem taxes and/or revenues of the City's Utility System, on a parity with, or with respect to said revenues, superior in lien to, this Certificate. BY BECOMING the registered owner of this Certificate, the registered owner thereby acknowledges all of the terms and provisions of the Certificate ordinance, agrees to be bound by such terms and provisions, acknowledges that the Certificate Ordinance is duly recorded and available for inspection in the official minutes and records of the governing body of the issuer, and agrees that the terms and provisions of this Certificate and the Certificate ordinance constitute a contract between the registered owner hereof and the Issuer. ~V 8 < A(tonda No, Agoada clam Date IN WITNESS WHERE01', the Issuer has caused this Certi£~cateu~ to be signed with the manual signature of the Mayor of the Issuer and countersigned with the manual signature of the city Secretary of the Issuer, has caused the official seal of the Issuer to be duly impressed on this certificate, and has caused this Certificate to be dated MARCH it 1992, City Secretary, --Mayor, City of Denton, Texas, City of Denton, Texas ' (CITY SEAL) FORM OF REGIS_TRFTION_QXRTIFICATE OF THE a.. r~. COMPTROLLER f)F PUBLIC_ACCOUNTS: COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO. I hereby certify that, this Certificate has been examined, certified as to validity, and approved by the Attorney General of the State of, Texas, and that this Certificate has been registered by the Comptroller of Public Accounts of the State of Texas. witness my signature and seal this Comptroller of Public Accounts of the State of Texas (COMPTROLLERPS SEAL) Section l,, ADDITIONAL CHARACTERISTICS OF THE CERTIFI- CATES. Re•aisirL ,1d 3'ransfer. (a) The Issuer shall keep , or cause to be kept at the principal corporate trust office of NATIONSBANK OF TEXAS, N.A,, FORT WORTH, TEXAS (the "Paying Agent/Registrar") books or records of the registration and transfer of the Certificates (the "Registration Books"), and the Issuer hereby ;appoints the Paying Agent/Registrar as its registrar and transfer agent to keep such books or records and make such transfers and registrations under such reasonable regulations as the Issuer and Paying Agent/Registrar may prescribel and the Paying Agent/Registrar shall make such transfers and registrations as herein provided. The Paying Agent/Registrar shall obtain and record in the Registration Books the address of the registered owner of each Certificate to which payments with respect to the Certificates shall be mailed, as herein providedi but it shall be the duty of each registeirsd owner to notify the Paying Agent/Registrar in ~v 9 ti a Agonda No. Agonda Ilom Wto writing of the address to which payments shall be mailed, aid such interest payments shall not be mailed unless such notice ha:a been given. The Issuer shall have the right to inspect the Registration Books during regular business hours of the Paying Agent/Registrar, but otherwise the Paying Agent/Registrar shall keep the Registration Books confidential and, unless otherwise required by law, shall riot permit their inspection by any other entity. Registration of each Certificate may be transferred in the Registration Books only upon presentation and surrender of + such Certificate to the Paying Agent/Registrar for transfer of registration and cancellation, together with proper written instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar, (i) evidencing the assignment of the Certificate, or any portion thereof in any integral multiple of $5,000, to the assignee or assignees thereof, and (ii) the right of such assignee or assignees to have the Certificate or any such portion thereof registered in the name of such assignee or assignees. Upon the assignment and transfer of any Certificate or any portion the eof, a new substitute Certificate or certificates shall be issued in conversion and exchange therefor in the manner herein provided. The Initial Certificate, to the extent of the unpaid principal balance thereof, may be assigned and transferred by the initial registered owner thereof once only, and to one or more assignees designated in writing by the initial registered owner thereof. All Certificates issued and delivered in conversion of and exchange for the Initial Certificate shall be in any denomination or denominations of any integral multiple of $5,000 (subject to the requirement hereinafter stated that each substitute Certificate shall have a single stated princi- pal maturity date), shall be in the form prescribed in the FORM OF SUBSTITUTE CERTIFICATE set forth in this Ordinance, and shall have the characteristics, and may be assigned, trans- ferred, and converted as hereinafter provided. If the Initial Certificate or any portion thereof is assigned and transferred or converted the Initial Certificate must be surrendered to the Paying Agent/Registrar for cancellation, and each Certificate issued in exchange for any portion of the initial Certificate shall have a single stated principal maturity date, and shall not be payable in installmentsi and each such Certificate shall have a principal maturity date corresponding to the due date of the installment of principal or portion thereof for which the substitute Certificate is being exchangedr and each such Certificate shall bear interest at the single rate applicable to and borne by such installment of principal or portion thereof for which it is being exchanged. If only a portion of the Initial Ce:'tifii:ate is assigned and transferred, there shall be delivered to and registered in the name of the initial registered owner substitute certificates in exchange for the unassigned balance of the Initial Certificate in the same C 10 r ry ,`J I Agonda Ho, , /r~l Agenda Itoni Quo? X71 Z manner as if the initial registered owner were the assignee ~S thereof.- If any Certificate or portion thereof other than the Initial Certificate is assigned and transferred or converted each Certificate issued in exchange therefor shall have the same principal maturity date and bear interest at the same rate as the Certificate for which it is exchanged. A form of assignment shall be printed or endorsed on each Certificate, excepting the Initial Certificate, which shall be executed by the registered owner or its duly authorized attorney or repre- sentative to evidence an assignment thereof. Upon surrender of any Certificates or any portion or portions thereof for trans- fer of registration, an authorized. representative of the Paying Agent/Registrar shall make such transfer in the Registration Books, and shall deliver a new fully registered substitute Ile Certificate or Certificates, having the characteristics herein described, payable to such assignee or assignees (which then will be the registered owner or owners of such new Certificate or Certificates), or to the previous registered owner in case only a portion of a Certificate is being assigned and trans- ferred, all in conversion of and exchange for said assigned Certificate or Certificates or any portion or portions thereof, in the same form and manner, and with the same effect, as provided in section 6(d), below, for the conversion and ex- change of certificates by any registered owner of a Certifi- cate. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for making suvh transfer and delivery of a substitute Certificate or Certificates, but the one requesting such transfer shall pay any taxes or other governmental charges required to be paid with respect thereto. The Paying Agent/Registrar shall not be required to make transfers of registration of any Certificate or any portion thereof during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date, (b) ownership of Certificates. The entity in whose name any Certificate shall be registered in the Registration Books at any time shall. be deemed and treated as the absolute owner thereof for all purposes of this Ordinance, whether or not such Certificate shall be overdue, and the Issuer and the Paying Agent/Registrar shall not be affected by any notice to the contraryl and payment of, or on account of, the principal of, premium, if any, and interest on any such Certificate shall be made only to such registered owner. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Certificate to the extent of the sum or sums so paid. (c) Payment of Sertificates arm Interest,. The Issuer hereby further appoints the Paying Agent/Registrar to act as the paying agent for paying the principal of and interest on ll the Certificates, and to act as its agent to convert and exchange'or replace Certificates, all as provided in this ordinance. The Flaying Agent/Registrar shall keep proper records of all payments made by the Issuer and the Paying Agent/Registrar with respect to the Certificates, and of all conversions and exchanges of Certificates, and all replacement" of Certificates, as provided in this Ordinance. (d) Convers ot1 and Exchanae or Replacements Authenti- cation. Each Certificate issued and delivered pursuant to this ordinance, to the extent of the unpaid principal balance or principal amount thereof, may, upon surrender of such Certifi- cate at the principal corporate trust office of the Paying Agent/Registrar, together with a written request therefor duly executed by the registered owner or the assignee or assignees thereof, or its or their duly authorized attorneys or represen- tatives, with guai:,antee of signatures satisfactory to the Paying Agent/Registrar, may, at the option of the registered owner or such assignee or assignees, as appropriate, be con- verted into and exchanged for fully registered certificates, without interest coupons, in the form prescribed in the FORM OF SUBSTITUTE CERTIFICATE set forth in this ordinance, in the denomination of $5,000, or any integral multiple of $5,000 (subject to the requirement hereinafter stated that each substitute Certificate shall have a single stated maturity date), as requested in writing by such registered owner or such assignee or assignees, in an aggregate principal amount equal to the unpaid principal bala ;:;e or principal amount of any Certificate or Certificates so surrendered, and payable to the appropriate registered owner, assignee, or assignees, as the case may be. If the Initial Certificate is assigned and transferred or converted each substitute Certificate issued in exchange for any portion of the initial Certificate shall have a single stated principal maturity date, and shall not be payable in installmentst and each such Certificate shall have a principal maturity date correoponding to the due date of the installment of principal or portion thereof for which the substitute Certificate is being exchanged, and each such Certificate shall bear interest at the single rate applicable to and borne by such installment of principal or portion thereof for tahich it is being exchanged. If any Certificate or portion thereof (other than the Initial Certificate) is as- signed and transferred or converted, each Certificate issued in exchange therefor shall have the same principal maturity date and bear interest at the same rate as the Certificate for which it is being exchanged. Each substitute Certificate shall bear a letter and/or number to distinguish it from each other Certificate, The Paying Agent/Registrar shall convert and exchange or replace certificates as provided herein, and each fully registered certificate delivered in conversion of and 12 C ~a F.I Agenda Item rocb - Zz- exchange for or replacement of any Certificate or JG" •~~r thereof as permitted or required b an portion l~ Ordinance shall constitute one of the Certif cates ort all purposes of this Ordinance, and may again be converted and exchanged or replaced. It is specifically provided that any Certificate authenticated in conversion of and exchange for or replacement of another Certificate on or prior to the first scheduled Record Date for the Initial Ce:rtificate shall bear interest from the date of the Initial Certificate, but each substitute Certificate so authenticated after such first e scheduled Record Date shall bear interest from the interest p Certificate ayment date next preceding the date on which such substitute was so authenticated, unless after any Record Date but on such before the next following interest payment date, in which case it shall bear interest from such next following interest payment date; provided, however, that if at the time,of delivery of any substitute Certificate the interest on the Certificate for which it is being exchanged is due but has not been paid, then such Certificate shall bear interest from the date to which such interest has been paid in full, THE INITIAL CERTIFICATE issued and delivered pursuant to this Ordinance is not required Registrar, but shall n auhenticated by in conver- sion of and exchange for or replacement of any Certificate or Certificates issued under this Ordinance there shall be printed a certificate, in the form substantially as follows: "PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE It is hereby certified that this certificate has been issued under the provisions of the Certificate Ordinance described on the face of this Certificate; and that this Certificate has been issued in conversion of and exchange for or replacement of a certificate, certificates, or a portion of a certificate or certificates of an issue which originally was rappiroved by the State of ~exas and Comptroller General by ther of Public eAccounts of the State of Texas. NATIONSBANK OF TEXAS, N.A., FORT WORTH, TEXAS Paying Agent/Registrar Da tEed Authorized Representativeti An authorized representative of the Paying Agent/Registrar shall, before the delivery of any such Certificate, date and manually sign the above Certificate, and no such Certificate C 13 ` R - Ei Agenda No, G T!_~C3 Agenda II9m X119 _.-...0-v.2..i /Iaf .JJ shall be deemed to be issued or outstanding unless such Certif- d icate is so executed. The Paying Agent/Registrar promptly shall cancel all Certificates surrendered for conversion and exchange or replacement. No additional ordinances, orders, or resolutions need be passed or adopted by the governing body of the issuer or any other body ur person so as to accomplish the foregoing conversion and exchange or replacement of any Certif- icate or portion thereof, and the Paying Agent/Registrar shall provide for the printing, execution, and delivery of the substitute Certificates in the manner prescribed herein, and said Certificates shall be of type composition printed on paper with lithographed or steel engraved borders of customary weight and strength. Pursuant to Vernon's Ann. Tex. Civ. St. Art. 717k-6, and particularly Section 6 thereof, the duty of conver- sion and exchange or replacement of Certificates as aforesaid is hereby imposed upon the Paying Agent/Registrar, and, upon the execution of the above Paying Agent/Registrar's Authentica- tion Certificate, the converted and exchanged or replaced Certificate shall be valid, incontestable, and enforceable in the same manner and with the same effect as the Initial Certif- icate which originally was issued pursuant to this ordinance, approved by the Attorney General, and registered by the Comp- troller of Public Accounts. The Issuer shall pay the; Paying Agent/Registrar's standard or customary fees and charges for transferring, converting, and exchanging any Certificate or any portion thereof, but the one requesting any such transfer, conversion, and exchange shall pay any taxes or governmental charges required to be paid with respect thereto as a condition precedent to the exercise of such privilege of conversion and exchange. The Paying Agent/Registrar shall not be required to make any such conversion and exchange or replacement of Certif- icates or any portion thereof (i) during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date, or, (ii) with respect to any Certificate or portion thereof called for redemption prior to maturity, within 45 days prior to its redemption date. (e) In GenerAj. All Certificates issued in conversion and exchange or replacement of any other Certificate or portion thereof, (i) shall be issued in fully registered form, without interest coupon,,, with the principal of and interest on such Certificates to be payable only to the registered owners thereof, (ii) may be transferred and assigned, (iii) may be converted and exchanged for other Certificates, (iv) shall have the characteristics, (v) shall be signed and sealed, and (vi) the principal of and interest on the Certificates shall be pay- able, all as provided, and in the manner required or indicated, 14 i i r. f! r~ Agenda No. Agenda Aom_ ~~~~`J Date in the FORM OF SUBSTITUTE CERTIFICATP. set forth in this OrHi- nance. (f) Pa ent_of Fees and Charges. The Issuer hereby covenants with the registered owners of the certificates that it will (i) pay the standard or customary fees and charges of the Paying Agent/Registrar for its services with respect to the payment of the principal of and interest on the Certificates, when due, and (ii) pay the fees and charges of the Paying ` Agent/Registrar for services with respect to the transfer of registration of Certificates, and with respect to the conver- sion and exchange of Certificates solely to the extent above provided in this ordinance. (g) Substitute Paying AgentZBegistrar. The Issuer covenants with the registered owners of the Certificates that at all times while the Certificates are outstanding the Issuer will provide a competent and legally qualified bank, trust company, financial institution, or other agency to act as and perform the services of Paying Agent/Registrar for the Certifi- cates under this ordinance, and that the Paying Agent/Registrar will be one entity. ^';Ie Issuer reserves the right to, and may, at its option, change the Paying Agent/Registrar upon not less than 120 days written notice to the Paying Agent/Registrar, to be effective not later than 60 days prior to the next principal or interest payment date after such notice. In the event that the entity at any time acting as Paying Agent/Registrar (or its successor by merger, acquisition, or other method) should resign or otherwise cease to act as such, the Issuer covenants that promptly it will appoint a competent and legally qualified bank, trust company, financial. institution, or other agency to act as Paying Agent/Registrar under this ordinance. Upon any change in the Paying Agent/Registrar, the previous Paying Agent/Registrar promptly shall transfer and deliver the Regis- tration Books (or a copy thereof), along with all other perti- nent books and records relating to the Certificates, to the new Paying Agent/Registrar designated and appointed by the Issuer. Upon any change in the Paying Agent/Registrar, the Issuer promptly will cause a written notice thereof to be :ent by the new Paying Agent/Registrar to each registered owner of the Certificates, by United states mail, first-class postage prepaid, which notice also shall give the address of the new Paying Agent/Registrar. By accepting the position and perform- ing as such, each Paying Agent/Registrar, shall be deemed to have agreed to the provisions of this Ordinance, and a cer- tified copy of this ordinance shall be delivered to each Paying Agent/Registrar. C 15 .4 . r, ' 21 I Agenda No. Dn--- Apenda Item_ D31b ~L~1-~'2!_- ~ jl6 Section 7, FORM OF SUBSTITUTE CERTIFICATES, The form o? all Certificates issued in conversion and exchange or replace- ment of any other Certificate or portion thereof, including the form of Paying Agent/Registrar's Certificate to be printed on each of such Certificates, and the Form of Assignment to be printed on each of the Certificates, shall be, respectively, substantially as follows, with such appropriate variations, omissions, or insertions as are permitted or required by this ordinance. FORM OF SUBSTITUTE CERTIFICATE NO, UNITED STATES OF AMERICA PRINCIPAL AMOUNT d° STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON CERTIFICATE OF OBLIGATION SERIES 1992 ORIGINAL ISSUE INTEREST RATE MATURITY DATE - DAVE CUSIP X10. March 1, 1992 ON THE MATURITY DATE specified above the CITY OF DENTON, in Denton County, Texas (the "Issuer"), being a political subdivision of the State of Texas, hereby promises to pay to or to the registered assignee hereof (either being hereinafter called the "registered owner") the principal amount of and to pay interest thereon, calculated on the basis of a 360-day year composed of twelve 30-day months, from MARCH it 1992, to the maturity date specified above, at the interest rate per annum specified abovet with interest being payable on JANUARY 1, 1993, and semiannually on each JULY 1 and JANUARY 1 thereafter, except that if the date of authentication of this Certificate is later than the first Record Date (hereinafter defined), such principal amount shall bear interest from the interest payment date next preceding the date of authentica- tion, unless such date of authentication is after any Record Date (hereinafter defined) but on or before the next following interest payment date, in which case such principal amount shall bear interest from such next following interest payment date. THE PRINCIPAL OF AND INTEREST ON this Certificate are payable in lawful money of the United States of America, without exchange or collection charges. The principal of this r 16 4 n r ~f S Apanda No. r/~1 l~li J Agonda Ilern Cole ._r 9 3 z?' '72 - ra lj rl.~3•.• Certificate shall be paid to the registered owner hereof upon presentation and surrender of this Certificate at maturity, at the principal corporate trust office of NATIONS BANK OF TEXAS, N.A., FORT WORTH, TEXAS, which is the "Paying Agent/Registrar" for this Certificate. The payment of interest on this Certifi- cate shall be made by the Paying Agent/Registrar to the regis- tered owner hereof on each interest payment date by check dated as of such interest payment date, drawn by the Paying Agent/Registrar on, and payable solely from, funds of the r Issuer required by the ordinance authorizing the issuance of the Certificates (the "Certificate ordinance") to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter provided; and such check shall be sent by the Paying Agent/- Registrar by United States mail, first-class postage prepaid, on each such interest payment date, to the registered owner hereof, at the address of the registered owner, as it appeared at the close of business on the 15th day of the month next preceding each such date (the "Record Date") on the Registra- tion Books kept by the Paying Agent/Registrar, as hereinafter described. However, the payment of such interest may be made by any other method acceptable to the Paying Agent/Registrar and requested by, and at the risk and expense of, the regis- tered owner hereof. Any accrued interest due upon the redemp- tion of this Certificate prior to maturity as provided herein shall be paid to the registered owner at the principal corpo•• rate trust office of the Paying Agent/Registrar upon presenta- tion and surrender of this Certificate for redemption and payment at the principal corporate trust office of the Paying Agent/Registrar. The Issuer covenants with the registered owner of this Certificate that on or before each principal payment date, interest payment date, and accrued interest payment date for this Certificate it will make available to the Paying Agent/Registrar, from the "Interest and Sinking Fund" created by the Certificate ordinance, the amounts required to provide for the payment, in immediately available funds, of all principal of and interest on the Certificates, when due. IF THE DATE for the payment of the principal of or inter- est on this Certificate shall be a Saturday, Sunday, a legal holiday, or a day on which banking institutions in the City where the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. THIS CERTIFICATE is one of an issue of Certificates initially dated MARCH 11 1.992, authorized in accordance with 1.7 1 x Agenda No, -Agenda llom the Constitution and laws of the State of Texas in the princ- ipal amount of $1,325,000, FOR THE PURPOSE OF PAYING ALL OR A PORTION OF THE CITY'S CONTRACTUAL OBLIGATIONS INCURRED (1) PURSUANT TO CONTRACTS FOR THE CONSTRUCTION OF PUBLIC WORKS, TO-WIT: (a) REPLACING AIR CONDITIONING SYSTEMS IN CITY BUILD- INGS, (b) REPLACING ROOFS ON CITY BUILDINGS, (c) CONSTRUCTING AND REPAIRING PARKING LOTS FOR CITY BUILDINGS, (d) INSTALLING ` ELECTRICAL EQUIPMENT IN CITY BUILDINGS, (e) RENOVATING CITY BUILDINGS, (f) CONSTRUCTING NEW SIDEWALKS AT CITY BUILDINGS, (g) RENOVATING THE CITY SWIMMING POOL, (h) INSTALLING SECURITY SYSTEMS IN CITY BUILDINGS, AND (1) INSTALLING SOUND SYSTEMS IN CITY BUILDINGS; AND (2) PURSUANT TO CONTRACTS FOR THE PURCHASE OF THE FOLLOWING EQUIPMENT FOR CITY USE: TWO REFUSE TRUCKS, A DUMP TRUCK, A STREET POTHOLE PATCHER, A TRAFFIC SIGNAL BUCKET TRUCK, A FIRE DEPARTMENT AMBULANCE, FIRE DEPARTMENT EMERGENCY MEDICAL EQUIPMENT, A SUBURBAN AUTOMOBILE, AND TWELVE PO',ICE CARS; AND ALSO FOR THE PURPOSE OF PAYING ALL OR A PORTI . OF THE CITVS CONTRACTUAL OBLIGATIONS FOR PROFESSIONAL SERVI~_6S OF ENGINEERING, ATTORNEYS, AND FINANCIAL ADVISORS IN CONNECTION WITH THE ABOVE CONTRACTS AND SAID CERTIFICATES OF OBLIGATION. ON JULY 1, 1997, or on any date whatsoever thereafter, the Certificates of this Series may be redeemed prior to their s:heduled maturities, at the option of the Issuer, with funds dr..ri,vc~d from any available and lawful source, as a whole, or in part, and, if in part, the particular Certificates, or portions t,heroof, to be redeemed shall he selected and designated by the fasuer (provided that a portion of a Certificate may be re- deemed only in an integral multiple of $5,000), at the redemp- tion price of the par or principal amount thereof, plus accrued interest to the date fixed 'or redemption. AT LEAST 30 days prior to the date fixed for any redemp- tion of Certificates or portions t)•-ireof prior to maturity a written notice of such redemption ,all be published once in a financial publication, journal, or reporter of general circula- tion among securities dealers in The City of New York, New York (including, but not limited to, The Bond Buyer and The Wall Street Journal), or in the State of Texas (including, but not limited to, The Texas Bond Reporter). Such notice also shall be sent by the Paying Agent/Registrar by United States mail, first-class postage prepaid, not less than 30 days prior to the date fixed for any such redemption, to the registered owner of each Certificate to be redeemed at its address as it appeared on the 45th day prior to such redemption dates provided, however, that the failure to send, mail, or receive such notice, or any defect therein or in the sending or mailing thereof, shall not affect the validity or effectiveness of the proceedings for the redemption of any Certificate, and it is ~ lA M S c f hereby specifically provided that the publication of such O notice as required above shall be the only notice actually required in connection with or as a prerequisite to the redemp- tion of any Certificates or portions thereof. By the date fixed for any such redemption due provision shall be made with the Paying Agent/Registrar for the payment of the required redemption price for the Certificates or portions thereof which are to be so redeemed, plus accrued interest thereon to the date fixed for redemption. If such written notice of redemp- tion is published and if due provision for such payment is " made, all as provided above, the Certificates or portions thereof which are to be so redeemed thereby automatically shall be treated as redeemed prior to their scheduled maturities, and they shall not bear interest after the date fixed for redemp- tion, and they shall not be regarded as being outstanding except for the right of the registered owner to receive the redemption price plus accrued interest from the Paying Agent/ Registrar out of the funds provided for such payment. If a portion of any Certificate shall be redeemed a substitute Certificate or Certificates having the same maturity date, bearing interest at the same rate, in any denomination or denominations in any integral multiple of $5,000, at the. written request 'of the registered owner, and in aggregate principal amount equal to the unredeemed portion thereof, will be issued to the registered owner upon the surrender thereof for cancellation, at the expense of the issuer, all as provided in the Certificate Ordinance. THIS CERTIFICATE OR ANY PORTION OR PORTIONS HEREOF IN ANY INTEGRAL MULTIPLE OF $5,000 may be assigned and shall be trans- ferred only in the Registration Books of the Issuer kept by the Paying Agent/Registrar acting in the capacity of registrar for the Certificates, upon the terms and conditions set forth in the Certificate Ordinance. Among other requirements for such assignment and transfer, this Certificate must be presented and surrendered to the Paying Agent/Registrar, together with proper instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar, evidenc- ing assignment of this Certificate or any portion or portions hereof in any integral multiple of $5,000 to the assignee or assignees in whose name or names this Certificate or any such portion or portions hereof is or are to be transferred and registered. The form of Assignment printed or endorsed on this Certificate shall be executed by the registered owner or its duly authorized attorney or representatives, to evidence the assignment hereof. A new Certificate or Certificates payable to such assignee or assignees (which then will be the new registered owner or owners of such new Certificate or Certifi- cates), or to the previous registered :,wner in the case of the assignment and transfer of only a portion of this Certificate, 19 v AwO No, Agenda 11em. W1o __5 zJ may be delivered by the Paying Agent/Registrar in conversion d and exchange for this Certificate, all in the form and manner as provided in the next paragraph hereof for the conversion and exchange of other Certificates. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for making such transfer, but the one requesting such transfer shall pay any taxes or other governmental charges required to be paid with respect thereto. The Paying Agent/Registrar shall not be required to make transfers of registration of this Certificate or any portion hereof during the period commencing ' with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date. The registered owner of this Certifi- cate shall be deemed and treated by the Issuer and the Paying Agent/Registrar as the absolute owner hereof for all purposes, including payment and discharge of liability upon this Certifi- cate to the extent of such payment, and the Issuer and the Paying Agent/Registrar shall not be affected by any notice to the contrary. ALL CERTIFICATES OF THIS SERIES are i.ssuable solely as fully registered certificates, without interest coupons, in the denomination of any integral mi.iltiple of $5,000. As provided in the Certificate ordinance, this Certificate, may, at the request of the registered owner or the assignee or assignees hereof, be converted into and exchanged for a like aggregate principal amount of fully registered certificates, without interest coupons, payable to the appropriate registered owner, assignee, or assignees, as the case may be, having the same maturity date, and bearing interest at the same rate, in any denomination or denominations in any integral multiple of $5,000 as requested in writing by the appropriate registered owner, assignee, or assignees, as the case may be, upon sur- render of this Certificate to the Paying Agent/Registrar for cancellation, all in accordance with the form and procedures set forth in the Certificate ordinance, The Issuer, shall gay the Paying Agent/Registrar's standard or customary fees and charges for transferring, converting, and exchanging any Certificate or any portion thereof, but the one requesting such transfer, conversion, and exchange shall pay any taxes or governmental charges required to be paid with respect thereto as a condition precedent to the exercise of such privilege of conversion and exchange. The Paying Agent/Registrar shall not be required to make any a+uch conversion and exchange during the period commencing with the close of business on any Record Date and ending with the opening of bu3inoss on the next following principal or interest payment date. IN THE EVENT any Paying Agent/Registrar for the certifi- cates is changed by the Issuer, resigns, or otherwise ceases to 20 t f a~ kon(la No. ABefld,i Ilom Dalo 3T y?..J_ _ act as such, the Issuer has covenanted in the Certificate ordinance that it promptly will appoint a competent and legally qualified substitute therefor, and promptly will cause written notice thereof to be mailed to the registered owners of the certificates. IT IS HEREBY certified, recited, and covenanted that this a Certificate has been duly and validly authorized, issued, and delivered; that all acts, conditions, and things required or proper to be performed, exist, and be done precedent to or in the authorization, issuance, and delivery of this Certificate have been performed, existed, and been done in accordance with law; that this Certificate is a general obligation of the Issuer, issued on the full faith and credit thereof; and that annual ad valorem taxes sufficient to provide for the payment of the interest on and principal of this Certificate, as such interest comes due and such principal matures, have been levied and ordered to be levied against all taxable property in the issuer, and have been pledged irrevocably for such payment, within the limit prescribed by law; and that, together with other parity obligations, this Certificate, and the other Certificates of this Series, additionally are payable from and secured by certain surplus revenues (not to exceed $10,000 in aggregate amount) derived by the Issuer from the ownership and operation of the city's Utility System (consisting of the city's combiriod waterworks system, sanitary sewer system, and electric: light and power system) , all as provided in the Certificate Ordinance. THE ISSUER has reserved the right to issue, in accordance with law, and in accordance with the Certificate Ordinance, other and additional obligations, and to enter into contracts, payable from ad valorem taxes and/or revenues of the City's Utility System, on a parity with, or with respect to said revenues, superior in lien to, this Certificate, BY BECOMING the registered owner of this Certificate, the registered owner thereby acknowledges all of the terms and provisions of the Certificate ordinance, agrees to be bound by such terms and provisions, acknowledges that the Certificate ordinance is duly recorded and available for inspection in the official minutes and records of the governing body of the Issues, and agrees that the terms and provisions of this Certificate and the Certificate Ordinance constitute a contract between each registered owner hereof and the issuer. IN WITNESS WHEREOF, the Issuer has caused this Certificate to be signed with the facsimile signature of the Mayor of tha issuer y not the countersigned anthe d hasc caused the official seal 23, t I. j 1 d~ 1 'i '4e Acandn No. " 11 OD Agenda ltom Of the Issuer to be duly impressed this Certificate. or placed in facr,mile, ~n City Secretary, --~Facsdm'~a + City of Denton, Texas Mayor, naturel City of Denton, Texas ° (CITY SEAL) FORK PAYING ANT/kEGrc , s-T-R$ AUTHENTICRTrO~ PAYING AGENT/REGIST -ERTIF CATE RAR 5 AUTHENTICATION CERTIFICATE It is hereby certified that issued under the provisions of thei Certificatete has been described face of this Certificate has been certificate- and that inthis or replac®ment of issued in conversion of and a certificate or c:ertificatestop certificates o exchange for approved by the Attorney General an issue which o ariginall portion as registered by the comptroller of f the st a was re Texas. ublic ate of Texas and Accounts of the state NATIONsBANK OF TEYjts, N,A. FORT WORTH, TEXAS, Dated Paying Agent;/Regiiltrar B Authorize praientat.ive .ARM OF SSrGNy! NT; ASSIGNMENT A FOR this Certificate, RECEIVE ,,p the Undersigned registered owner of ate or y authorized representative thereof, hereb or attorney y assigns this Certificate to security or Taxpayer (print or typewx2tt a Assiq a name and identification or address, including si e n Number zip code) ) and hereby irrevocably con_~etitutes and appoints x 'f G, Agenda No, C%D z____ , Agenda Item_ %~'S~~ f G _ ikle ~ attorney to transfer the registration of this Certificate on ll// the Paying Agent/Registrar's Registration Books with full power of substitution in the premises. Dated: Signature Guaranteed: _ a NOTICE: This signature must be Registered Owner guaranteed by a member of the NOTICE: This signature must New York Stock Exchange or a correspond with the name of commercial bark or trust the Registered owner appear- company. ing on the face of this Cer- tificate. Section 8. TAX LEVY. A special Interest and Sinking Fund (the "Interest and Sinking Fund") is hereby created solely for the benefit of the Certificates, and the Interest and Sinking Fund shall be established and maintained by the Issuer at an official depository bank of the Issuer. The Interest and Sinking Fund shall be kept separate and apart from all other funds and accounts of the Issuer, and shall be used only for paying the interest on and principal of the Certificates. All ad valorem taxes levied and collected for and on account of the Certificates shall be deposited, as collected, to the credit of the Interest and Sinking Fund. During each year while any of the Certificates or interest thereon are outstanding and unpaid, the governing body of the Issuer shall compute and ascertain a rate and amount of ad valorem tax which will be sufficient to raise and produce the money required to pay the interest on the Certificates as such interest becomes due, and to provide and maintain a sinking fund adequate to pay the principal of its Certificates as such principal matures (but never less than 2% of the original principal amount of the " Certificates as a sinking fund each year)p and said tax shall be based on the latest approved tax rolls of the Issuer, with full allowance being made for tax delinquencies and the cost of tax collection. Said rate and amount of ad valorem tax is hereby levied, and is hereby ordered to be levied, against all taxable property in the Issuer for each year while any of the certificates or interest thereon are outstanding and unpaid; and said tax shall be assessed and collected each such year and deposited to the credit of the aforesaid Interest and Sinking Fund. Said ad valorem taxes sufficient to provide for the payment of the interest on and principal of the certificates, as such interest comes due and such principal matures, are hereby pledged for such payment, within the limit prescribed by law. 1 C, 23 Aoonda No, Section 9, SURPLUS REVENUES. The Certificates add' tionally'shall be payable from and secured by surplus revenues, to the extent hereinafter permitted, derived by the Issuer from the ownership and operation of the Issuer's Utility System (consisting of its combined waterworks system, sanitary sewer system, and electric, light and power system) remaining after (a) payment of all amounts constituting operation and main- tenance expenses of said Utility System, and (b) payment of all debt service, reserve, and other requirements and amounts required to be paid under all ordinances heretofore or here- after authorizing (i) all bonds and (ii) all other obligations not on a parity with the Certificates, which are payable from and secured by any Utility System revenues, and (c) payment of all amounts payable from any utility System revenues pursuant to contracts heretofore or hereafter entered into by the Issuer in accordance with law (the "Surplus Revenues"). If, for any reason, the Issuer fails to deposit ad valorem tuxes levied pursuant to Section 8 hereof to the credit of the Interest and Sinking Fund in an amount sufficient to pay, when due, the principal ~f and interest on the Certificates, then Surplus Revenues, to the extent hereinafter permitted, shall be depos- ited to the credit of the Interest and Sinking Fund and used to pay such principal and/or interest. A maximum aggregate of $10,000 of Surplus Revenues may be used to pay principal and/or interest on the Certificates and any obligations on a parity therewith. The Certificates and any obligations on a parity therewith are not, and shall not be deemed to be, payable from or secured by any Surplus Revenues in excess of an aggregate of $10,000. Until and unless an aggregate of $10,000 of Surplus Revenues actually is used to pay any such principal and/or interest, additional obligations, payable from and secured by all or any remaining unused part of said aggregate of $10,000 of Surplus Revenues, may be issued by the Issuer on a parity with the Certificates and any other then outstanding parity obligations, with the certificates and all such additional parity obligations to be payable from and secured equally and ratably by all or any remaining unused part of said aggregate. The Issuer reserves, and shall have, the right to issue bonds, and other obligations not on a parity with the Certificates, and to enter into contracts, in accordance with applicable laws, to be payable from and secured by any Utility System revenues other than the aggregate of $10,000 of surplus Reve- nues as described above. The Certificates are on a parity with those issues of City of Denton Certificates of Obligation, Series 1987-A, Series 1989, Series 1989-A, and Series 1991, as permitted in the ordinances authorizing same; and it is hereby found and determined that none of the above defined Surplus Revenues have ever been used to pay any principal and/or interest on said City of Denton Certificates of Obligation, Series 1987-A, Series 1989, Series 1989-A, or Series 1991. 24 p v r r G~ Agenda No. Auond,3 loin Wto Section 10. DEFEASANCE OF CERTIFICATES. (a) Any Certif icate and the interest thereon shall be deemed to be paid, retired, and no longer outstanding (a "Defeased Certificate") within the meaning of this ordinance, except to the extent provided in subsection (d) of this Section, when payment of the principal of such Certificate, plus interest thereon to the due date either (i) shall have been made or caused to be made in accordance with the terms thereof, or (ii) shall have been provided for on or before such due date by irrevocably deposit- ing with or making available to the Paying Agent/Registrar for such payment ~i) lawful money of the United States of America sufficient co make such payment or (2) Government Obligations which mature as to principal and interest in such amounts and at such times as will insure the availability, without rein- vestment, of sufficient money to provide for such payment, and when proper arrangements have been made by the Issuer with the Paying Agent/Registrar for the payment of its services until all Defeased Certificates shall have become due and payable. At such time as a Certificate shall be deemed to be a Defeased Certificate hereunder, as aforesaid, such Certificate and the interest thereon shall no longer be secured by, payable from, or entitled to the benefits of, the ad valorem taxes herein levied and pledged as provided in this ordinance, and such principal and interest shall be payable solely from such raoney or Government obligations. (b) Any moneys so deposited with the Paying Agent/Regis- trar may at the written direction of the Issuer also be in- vested in Government Obligations, maturing in the amounts and times as hereinbefore set forth, and all income from such Government Obligations received by the Paying Agent/Registrar which is not required for the payment of the certificates and interest thereon, with respect to which such money has been so deposited, shall be turned over to the Issuer, or deposited as directed in writing by the Issuer. (c) The term "Government obligations" as used in this Section shall mean direct obligations of the United states of America, including obligations the principal of and interest on which are unconditionally guaranteed by the United States of America, which may be United States Treasury obligations such as its State and Local Government Series, which may be in book-entry form. (d) Until all Defeased Certificates shall have become due and payable, the Paying Agent/Registrar shall perform the services of Paying Agent/Registrar for such Defeased Certifi- cates the same as if they had not been defeased, and the Issuer 25 i t .4 ~t1 Mmida No. OD AtIonda Itom~~ s' _~r Wto shall make proper arrangements to provide and services-as required by this Ordinance, pay for such Section 11. DAMAGED, MUTILATED DE- STROYED CERTIFICATES. , LOST, STOLEN, OR (a) R-elpli event any outstanding Certificate cis' damaged ifmutilated I lost e stolen, or destroyed, the Paying Agent/Registrar shall cause to be printed, executed, and delivered, a new certificate of the same principal amount, maturity, and interest rate, as the damaged, mutilated, lost, stolen, or destroyed Certificate, in replacement for such certificate in the manner hereinafter o provided. (b) Application or Replacement Cert' is tes, Applica- tion for replacement of damaged, mutilated, lost, stolen, or destroyed Certificates shall be made by the registered owner thereof to the Paying Agent/Registrar, In every case of loss, theft, or destruction of a Certificate, the registered owner applying for a replacement certificate shall furnish to the Issuer and to the Paying Agent/Registrar such security or indemnity as may be required by them to save each of them harmless from any loss or damage with respect thereto. Also, in every case of loss, theft, or destruction of a Certificate, the registered owner shall furnish to the Issuer and the Paying Agent/Registrar evidence to their satisfaction of the loss, theft, or destruction of such Certificate, as the case may be. In every case of damage or mutilation of a certificate, the registered owner shall surrender to the Paying Agent/Registrar for cancellation the certificate so damaged or mutilated. (c) No De 4uult ocpurr@_d, Notwithstanding the foregoing provisions of this Section, in the event of any such Certifi- cate shall have matured, and no default has occurred which is then continuing in the payment of the principal of, or interest on the Certificate, the Issuer may authorize the payment of the same (without surrender thereof except in the case of a damaged ' or mutilated Certificate) instead of issuing a replacement Certificate, provided security or indemnity is furnished as above provided in this Section. (d) Sbarcle for Issuina Reply eme t Cer fic t s. Prior to the issuance of any replacement certifi ate, the Paying Agent/Registrar shall charge the registered owner of such Certificate with all legal, printing, and other expenses in connection therewith. Every replacement certificate issued pursuant to the provisions of this section by virtue of the fact that any Certificate is lost, stolen, or destroyed shall constitute a contractual obligation of the Issuer whether or not the lost, stolen, or destroyed Certificate shall be found at any time, or be enforceable by anyone, and shall be entitled " 26 Atlonda Itom E to all the benefits of this Ordinance equally and proportion- ately with any and all other certificates duly issued under this Ordinance. (e) Authority for Issuing Replacement certificates. In accordance with Section 6 of Vernon's Ann. Tex. Civ. St. Art. 717k-61 this section of this Ordinance shall constitute author- ity for the issuance of any such replacement certificate without necessity of further action by the governing body of ° the Issuer or any other body or person, and the dirty of the replacement of such certificates is hereby authorized and imposed upon the Paying Agent/Registrar, and the Paying Agent/- Registrar shall authenticate and deliver such Certificates in the form and manner and with the effect, as provided in section 6(d) of this Ordinance for Certificates issued in conversion and exchange for other Certificates. section 12. CUSTODY, APPROGAL, AND REGISTRATION OF CERTIFICATES, CERTIFICATE COUNSEL'S OPINION, CUSIP NUMBERS, PREAMBLE AND INSURANCE. The Mayor of the Issuer is hereby authorized to have control of the initial Certificate issued hereunder. and all necessary records and proceedings pertaining to the Initial Certificate pending its delivery and its inves- tigation, examination, and approval by the Attorney General of the State of Texas, and its registration by the Comptroller of Public Accounts of the State of Texas. Upon registration of the Initial Certificate said Comptroller of Public Accounts (or a deputy designated in writing to act for said Comptroiler) shall manually sign the Comptroller's Registration Certificate on the Initial certificate, and the seal of said Comptroller shall be impressed, or placed in facsimile, on the Initial Certificate. The approving legal opinion of the Issuer's Bond Counsel and the assigned CUSIP numbers may, at the option of the Issuer, be printed on the Initial Certificate or on any Certificates issued and delivered in conversion of and exchange or replacement of any certificate, but neither shall have any legal effect, and shall be solely for the convenience and biformation of the registered owners of the Certificates. The preamble to this Ordinance is hereby adopted and made a part hereof for all purposes.If insurance is obtained on any of the certificates, the Initial Certificate and all other Certifi- cates shall bear an appropriate l.agend concerning insurance as provided by the insurer. Section 13. COVENANTS REGARDING TAX-EXEMPTION. The Issuer covenants to refrain from taking any action which would adversely affect, and to take any action required to ensure, the treatment of the Certificates as obligations described in section 103 of the Code, the interest on which is not includ- 27 - - i r Agenda No. C, °k Agenda Ilam ~E NO7 able in the "gross income,' of the holder for purposes of federal income taxation. In furtherance thereof, the Issuer covenants as follows: (a) to take any action to assure that no more than 10 percent of the proceeds of the Certificates (less amounts deposited to a reserve fund, if any) are used for any "private business use", as defined in section 141(b)(6) of the Code or, if more than 10 percent of the , proceeds are so used, that amounts, whether or not re- ceived by the Issuer, with respect to such private busi- ness use, do not, under the terms of this ordinance or any underlying arrangement, directly or indirectly, secure or provide for the payment of more than 10 percent of the d debt service on the certificates, in contravention of section 141(b)(2) of the Code; (b) to take any action to assure that in the event that the "private business use" described in subsection (a) hereof exceeds 5 percent of the proceeds of the certificates (less amounts deposited into a reserve fund, if any) then the amount in excess of 5 percent is used for a "private business use" which is "related" and not "disproportionate", within the meaning of section 141(b)(3) of the Code, to the governmental use; (c) to take any action to assure that no amount which is greater than the lesser of $5,000,000, or 5 percent of the proceeds of the Certificates (less amounts deposited into a reserve fund, if any) is directly or indirectly used to finance loans to persons, other than state or local governmental units, in contravention of section 141(c) of the Code; (d) to refrain from taking any action which would A otherwise result in the certificates being treated as "private activity bonds" within the meaning of section 141(b) of the Code; (e) to refrain from taking any action that would result in the Certificates being "federally guaranteed" within the meaning of section 149(b) of the Code; (f) to refrain from using any portion of the pro- ceeds of the Certificates, directly or :indirectly, to acquire or to replace funds which were used, directly or indirectly, to acquire investment property (as defined in section 148(b)(2) of the Code) which produces a materially higher yield over the term of the certificates, other than investment property acquired with r 28 . I4 r AwdaNo,,_~~. Agenda Item DRIO _ - (1) proceeds of the Certificates invested for reasonable temporary period of 3 years or less until such proceeds are needed for the purpose for which the Certificates are issued, (2) amounts invested in a bona fide debt service fund, within the meaning of section 1,103--13(b)(12) of the Treasury Regulations, and 3 amounts deposited in any reasonably re- quired reserve or replacement fund to the extent such amounts do not exceed 10 percent of the proceeds of the Certificates) (g) to otherwise restrict the use of the proceeds of the certificates or amounts treated as proceeds of the Certificates, as may be necessary, so that the Certifi- cates do not otherwise contravene the rf,guirements of section 148 of the code (relating to arbitrage) and, to the extent applicable, section 149(4) of the Code (relat- ing to advance refundings); (h) to pay to the United States of America at least once during each five-year period (beginning on the date of delivery of the Certificates) an amount that is at least equal to 90 percent of the "Excess Earnings", within the meaning of section 148(f) of the code and to pay to the United states of America, not later that 60 days after the certificates have bean paid in full, 100 percent of the amount then required to be paid as a result of Excess Earnings under section 148(f) of the Code; and (i) to maintain such records as will enable the Issuer to fulfill its responsibilities under this section and section 148 of the Code and to retain such records for at least six years following the final payment of pr,inoi- pal and interest on the Certificates. It is the understanding of the Issuer that the covenants contained herein are intended to assure compliance with the Code and any regulations or rulings promulgated rj the U.S. Department of the Treasury pursuant thereto. In the event that regulations or rulings are hereafter promulgated which modify, or expand provisions of the Code, as applicable to the Certifi- cates, the Issuer will not be required to comply with any covenant contained herein to the extent that such modification or expansion, in the opinion of nationally-recognized bond counsel, will not adversely affect the exemption from federal income taxation of interest on the Certificates under section 103 of the Code. In the event than regulations or rulings are 29 Y Mende No. Agonda Itam__it 3 hereafter promulgated which impose additional requirements l~ which are applicable to the Certificates, the Issuer agrees to comply with the additional requirements to the extent neces- sary, in the opinion of nationally-recognized bond counsel„ to preserve the exemption from federal income taxation of interest on the Certificates under section 103 of the Code. Section 14. SALE OF INITIAL CERTIFICATE. The Initial certificate is hereby sold and shall be delivered to for cash for the par value thereof and 4 accrued interest thereon to date of delivery, plus a premium of $ It is hereby officially found, determined, and declared that the Initial Certificate has been sold at public sale to the bidder offering the lowest interest cost, after receiving sealed bids pursuant to an Official Notice of Sale and Bidding Instructions and Official Statement dated February 18, 1992, prepared and distributed in connection with the sale of the Initial Certificate. Said Official Notice of Sale and Bidding Instructions and Official Statement, and any addenda, supplement, or amendment thereto have been and are hereby approved by the Issuer, and their use in the offer and sale of the Certificates is hereby approved. It is further officially found, determined, and declared that the statements and repre- sentations contained in said official Notice of Sale and Official Statement are true and correct in all material re- spects, to the best knowledge and belief of the City Council and the Issuer. Section 15. IN'T'EREST EARNINGS ON CERTIFICATE PROCEEDS. Interest earnings derived from the investment of proceeds from the sale of the Initial Certificate shall be used along with other proceeds for the purposes for which the Certificates are issuedt provided that after completion of such purposes, if any of such interest earnings remain on hand, such interest earnings shall be deposited in the Interest and Sinking Fund. It is further provided, however, that any interest earnings on certificate proceedF which are required to be rebated to the United States of Anerica pursuant to Section 13 hereof in order to prevent the Certificates from being "arbitrage bonds" within the meaning of the Code shall be so rebated and not considered as interest earnings for the purposes of this section. Section 16. DESICCATION AS QUALIFIED TAX-EXEMPT OBLIGATIONS. The Issuer hereby designates the Certificates as "qualified tax-exempt obligations" as defined in section 265(b) (3) of the Internal Revenue Code of 1966 (the "Code"). .~n furtherance of such designation, the Issuer represents, covenants, and warrants the following: (a) that during the calendar year in which the Certificates are issued, the Issuer (including any subordinate entities) has not designated nor 1 L ~ Agonda No. Agenda Item Wie will designate any bonds, certificates, or other obligations, which when aggregated wCtax-exemptsobligations" being e than $10,000,000 of "qualified ; (b) b) that the Issuer reasonably anticipates he calendar amount of tax-exempt obligations issued during the Issue a r year in which the Certificates are issued, by th 000; e- r any sutordinate entities) will not exceed $10,0th , that the Issuer will take such action orlarlyrefrain frorthoin particularly set action as necessary, and as more Section 13, hereof, in order that the Certificates will not be considered "private activity bonds" within the meaning of section 141 of the Code. Section 17. DTC REGISTRATION. The certificates initially shall be issued and delivered in such manner that no phy icl distribution of the Certificates will be Nedw t ~'trh New York, and the Depos).tory Trust Company ( initially will act as depository for the Certificates. inDTC corha- rated 40 trust rs'utnider the t laws limited purpose of New York, ao member of the a "clearing corporation" within the Federal lithe erve System, New meaning agency" registered kundUniform er Section e17Asof the~federal Securi- ties Exchange Act of 1934, as amended, and the Issuer accepts, but in no way verifies, such representations. The Initial Certificate authorized by this Ordinance shall be delivered to and registered in the name of the Purchaser. However, it is a condition of delivery hall sale that the urchaser, ing Agent/Registrar a as after such deliveryery, , s provided for in this Ordinance, to cancel said initial Certif- icate and deliver in exchange therefor a substitute Certificate for each maturity of such initial Certificate, with each such substitute Certificate to be registered in the name of CEDE Co., the nominee of DTC, and it shall be the duty of the aying Agent/Registrar to take such action. It is expected that DTC will hold the Certificates on behalf of the Purchaser and/or the DTC Participants, as defined and in Section 14 the hereofofficial Statement referred to and approved (the "DTC Participants"). so long as each Certificate gistered in the name of CEDE & Co. , the Paying Agent/Registrar shall same were treat and dend bwith enefDcialnownerL thereof t)1 It is xp ct dt that the actual a which will identify DTC will maintain a bock entry system beneficial ownership of the certificates transfers b DTc Pa ticipantsin owner being integral amounts of $5,000, with effected on the records of DTC and the DTC Particiandts pursu- tha-L the ant to rules and regulations established by them, substitute Certificates initially deposited with DTC sliall be immobi i atesl eZ cept dasohereinafterr pro idea a fThes I sueru is Cnotif- 31 r t 'r. A9oddd Mo. _ C~ ..e)c~ AgNida item ~.S .I c%f aato responsible or liable for any functions of DTC responsible for services paying any fees or charges with will not bel will not be responsible or 1able fh respect its supervising, or reviewing the records of DTC or or maintaini ning, pants, or protecting any interests or the DTC partic- owners of the Certificates. It shall rbeh the f the Purchaser and the DTC Participants to duty ofnthe lal with DTC to establish this book-entr, make all arrangements ownership of the Certificates y system, the beneficial fees and charges of DTC. t and the method does it in an The Issuer does not a paying the established y ay covenant that the initial book-eresentj ntry nor, time y system Issuer reserves the rightl and option iatdan - in in its sole discretion future, The , , to terminate the DTC (CEDE in the future book-entry only registration requirement described above and to permit the Certificates to be registered in the name of any owner. If the Issuer exercises its right and option to termi- nate such requirement, it shall give written no termination to the Paying Agent/Registrar and tics of such thereafter the Paying eAgent/Registrar shall, u to DTC and proper and provided for fn this rdinance. Notwithstandinnn presentation establishment of the foregoin any name as for an g book-entry system with DTCtiif any Certif catessis duly iledewith origthe inalPly in livered substitute proper request for transfer and substitutioRgent/Registrar with in this ordinance, substitute certificates will be duly del for ered as provided in this ordinance, and there will be assurance or representation that an iv- maintained for such Certificates. Y book-ent no an-entry system will be Section 18, FURTHER PROCEDURES. The Mayor of the Issuer, the City Secretary of the Issuer employees, and agents of the Issuer and all other officers, and they are hereby expressl and each of them, shall be directed from time to time and atuariorized' empowered all such acts Y time to do and ~ and and things and to execute perform deliver in the name and under the corporate aseal and o knowledge, and of the Issuer sell such instruments, whether or and on behalf d mentioned, as may be necessary or desirable in order herein A out the terms and provisions of this Certificate Ordinance, the Certificates carry Sale the,sale of the Certificates, and the Noti ce of City and official. thea ement, of the Director of Finance of the shall cause issuance of the to be paid from the proceeds of sale of the Initial rCertifi ates cate, In case any officer whose signature shall a ^ an Certificate shall cea-e to be su • rfficer be-ore the of such Certificate he delj,very and sufficient for all u`'h signature shall nevertheless be ialid remained in office purposes the same as if ssch officer had ------until such-delivery. 32 < ti r 1. i 1 fi I i 1 y .CITY r , E:- COUNCIL 1 ..y4ry 1 4i^ A 0oooooa4oaao~o~oooo~` A 41 o O c sC c o A O .y r ~:J ~ O~UO~r~ 4 t k Gcv, f }H - r q - Agenda Na. 06 / r DATE: 03/03/92 Agondo4em e ^ # y r CITY COUNCIL gEPORT FORT Date ✓ -3 TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Implementation of Provider Netwurk and Financial Management contract for the Employee Health Insurance Program 9 REC"ENDATION: It is the staff's recommendation that the City Council approve a contract with Coopers and Lybrand to provide network provider and financial management services for the Employee Health Insurance program. SUHMRY: On January 1, 1992, with the authorization of the City Council, the Employee Health Insurance program was placed with Philadelphia American Life, under a fully-insured, and managed health care program. Based upon employees' feedback from the first two (2) months of the new program, we conclude that employees are pleased with the Philadelphia American Health Insurance program. The new program has been very effective in recruiting medical providers within our community. Since the January implementation, we have added 180 new providers in the plan. We are continuing our recruitment efforts, by preparing to send out letters of interest to all local medical providers, especially to mental health professionals. The contract with Coopers and Lybrand will ensure that our network provider contracts are effectively and properly managed. RASKGROUND: In November 1991, during the City Council presentation on the new health insurance program, the City Council approved staff's recommendation that 1 per employee per month, of the City's health insurance premium cost be earmarked to contract professional services to: A. Manage provider contract within the network. This includes contracts with: a) HCA Denton Community Hospital b) Denton Regional Medical Center r,) Harris Methodist Hospital J) Harris HEB e) Humana Me,` :al City r) Non-hosp%t medical providers namely, Denton Indenendent Physiciani ssociation, t' ~h Texas SurgicAl, Licensed Profession , Counselors, ropractors ana indepe•iont physicians within the net ark area. Agenda No. Agenda Hem leS //.C//- March 3, 1992 City Council Report on Health Insurance Program r/ Page 2 B. Perform financial management designed to monitor plan financial status and produce monthly revenue and expenditure statements. C. Perform analysis of claims data to determine patterns of plan utilization to ensure that adverse patterns of utilization are identified and corrected. D. Prepare and present to City Council an Executive Summary of the state of the Employee Health Insurance plan annually. In keeping with staff's commitment to City Council that future contracts for the provision of these services will be brought before the City Council with { proper recommendations and Council approval prior to proceeding with these services, we are requesting that Council approve a contract with Coopers and Lybrand to provide for these services. The consulting firm of Coopers and Lybrand was involvea in developing the plan design and the network provider contracts, and therefore understands various cost components (hospitals, individual medical providers, and the prescriptions drug program) of our program. Thus, it is staff's recommendation that the City Council authorize staff to enter into contract with Coopers and Lybrand to provide network and financial management services to the health insurance program. MQ S, DEPARLM€~iL;; (i OU 3 AFF,~9CT~. The Employee Health Insurance Program covers all regular, full-time and part-time City of Denton employees in all departments. Presently, departments are budgeted at $169.00 per month for each employee's health insurance coverage. However, $4.00 out of the $169 per employee per month is set aside to fund the network provider contract, while $166 goes towards premium payment. Employees' costs are primarily the cost of providing coverage for their dependents. Proper management of the provider network would benefit both the employees and departments. f- SC 1L RAU Coopers & Lybrand will charge the City based on actual professional time spent and expenses incurred. The cost of funding the Coopers and Lybrand contract for the health insuraj- ^n yer, (January i through anN^ober II. 1992) is estimated at $37,000. '.fie estimated budget for providirf:0 ehes, ser As is $38,112. This is ba;-ed upon enrollment in ';tie Employee Health Insurance program. The breakdo.r of the estimated budget for rlmding the network provider and financial management services is as follov-i- ti t r Agenda No. _ i cA = ~Q7 Agenda Item fJato 3 3 Z March 3, 1992 City Council Report on Health Insurance Program Page 3 1991/92 FISCAL YEAR Budget for Network/Financial Management: Employee Enrollment = 794 Jan. 1, to Sep. 30, 1992 (9 months: $4 x 794 x 9) = t 28,684 0 1992/93 FISCAL YEAR Budget for Network/Financial Management: Employee Enrollment = 794 Oct. 1 to Dec. 31, 1992 (3 months; $4 x 794 x 3) = $ 90628 TOTAL ESTIMATED BUDGET = j 38, 1 f2r Although the estimated budget is $389112, in no event will the total cost of the Coopers and Lybrand contract exceed $37,000, Respectfully submitted: L1 yd . Harrell City Manager Prep red by; Thomas W. t inck, Director of Personnel Appr d: Bet c an Director rector for Municipa P Services And Economic Development cmgrp92a.prn (2) 03/03/92 4 x cooplyb.o Agenda No.._~~~ Agenda Ilem s F Date ORDINANCE NO. - EXECUTE ORDINANCE A!TTHORIZING THE CITY MANAGER T & TO RAND A ELATING AGREEMENT BETWEEN HE CITY OF DENTON AND TO PROFESSIONAL CONSULTING SERVICES FOR THE CITY'S EMPLOYEE HEALTH INSURANCE PROGRAM; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. r THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION i. That the City Manager is authorized to execute an agreement between the City of Denton and Coopers & Lybrand, for the performance of specific management tasks relating to the city's Employee Health Insurance Program under the terms and conditions contained within. SECTION II. That the City Council hereby authorizes the expen- diture of funds not to exceed $37,000. SECTION III. That this ordinance shall become effective imme- diately 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 1 .u \L FORM: DEBRA, A. DRAYOVI:COI CITY ATTORNEY BY: i c r, y rl Q. R Agenda No./ j Agor,da Itom ~ f Dalo L AGREEMENT BETWEEN THE CITY OF DENTON AND COOPERS & LYBRAND, INC. D The City of Denton, Texas, a Municipal Home Rule City situated in Denton County, Texas, hereinafter called "City", acting herein by and through its City Manager and Coopers & Lybrand, Inc., a professional corporation doing business in Texas, hereinafter called "Consultant", hereby mutually agree as follows, 1. SERVICES TO BE PERFORMED fio City hereby retains Consultant to perform the hereinafter designated professional services. Consultant agrees to perform the following services- A. Network Manaeement Oversee/manage provider contracts within the network. Consultant will establish a Provider Utilization program to monitor provider utilization, Provider Utilization reports will be communicated quarterly or as appropriate. The following providers will be involved in the program; • HCA Denton Community Hospital • Denton Regional Medical Center • Denton Independent Physicians Association • North Texas Medical/Surgical, P,A, • Harris Methodist Hospital • Harris H-E-B Hospital • Humana Medical City Dallas Hospital Utilization parameters under review include patient days per 1,000 participants, admission per 1,000 participants, individual physician practice patterns, hospital cost per day, cost per stay, and network vs, non-network utilization, Develop and maintain Network Provider listing. B, Financial Ltnagemen Develop Plan Profit & Loss report monthly and communicate results to Personnel department, Utilizing claims history data, enrollment information and plan design information, we will nugotiate the Philadelphia American Life Insurance Company (PALICO) renewal effective 01/0193 on behalf of the City, C c 1 r, Y C Agenda No. L _ 4e~ i F Agenda Item 'es Date _ C. Data Management l Y We will obtain claims history data tope from PALICO and perform statistical claims analysis to better monitor and control plan utilization. In addition, as part of our Provider Utilization Pro&ram, we will forward specific claims data to providers identified above for assistance in analyzing and enforcing proper treatment protocols. D. Report to Council nually : Consultant will develop management letter outlining activities of the year and present to Council annually, E. On-Site Meetings Consultant agrees to meet with City's representatives quarterly to review plan experience and management issues. F. Consultant shall exercise the same degree of care, skill and diligence in the performance of these services as is ordinarily provided by professionals under similar circumstances. 11. TERM OF AGREEMENT Consultant e'iall commence rendering services immediately upon receiving notification of contract approval. The City shall evaluate Consultant's performance midyear and the co itract shall terminate December 31, 1992, III. COMPENSATION `rO, BE PAID CONTRACTOR City agrees to pay Consultant for the services performed hereunder as follows: A. Amount of Payment For Services: City agrees to pay Consultant for the services performed hereunder as estimated below: ESTIMATED TASK C&L HOURS FEES 1. Network Management Oversee provider network On-going $4,400 contracts to ensure 32 hours coordination and compliance under contracts. Seven (7) provider contracts will be mans ed in terms of Provider/Plan Utilization. 2 t r r I Agenda No. Agenda Item/ ks tote _ _V ESTIMATED TASK C&L HOU S FEES Communicate with providers 56 8,200 f quarterly to discuss plan performance and utilization, Communicate with City quar- 10 1,400 terly to discuss plan performance. Develop and maintain Network 36 3,600 Provider listing. + 2. Financial Management Develop Plan Profit & Loss 32 4,800 update report monthly and ,,d forward to City to analyze information, Negotiate PALICO renewal for 01/01/93 plan, 3, Data Man Bement Obtain claims history 58 5,800 data tape from PALICO and perform statistical analysis as appropriate, C&L grill produce MedBase report package semi-annually to review plan utilization, 4. Report to Council Annually Prepare for and present management 16 3,000 letter to Council outlining activities and status of the plan. 5. On-site Wed= Prepare for and attend quarterly 20 3,000 meeting with City representatives to discuss plan activities, Anticipate attending four addi- tional meetings during year to discuss plan status. Total Hours 260 34,200 Estimated out-of-pocket expenses (Travel, FAX, Federal Express, etc.) _2,8 TOTAL FEES & EXPENSES $379000 3 1 z r Agenda Item e S Wto Cot15ul,ant will charge the City based on actual professional time spent a'dd expenses incurred. In no event will the total project cost exceed $37,000 for Consultant's fees and expenses unless Consultant is requested to perform tasks outside the scope presented in the proposal. If additional assistance is required from the Consultant, estimates of professional fees will be provided and presented to City management for approval before proceeding with any additional tasks. >T~ C05 receive any Consultant compenationifor therservices understand provided fordherein that Consu from any shall other source, including, but not limited to PALICO. / B. Dates of Payment; The City will pay Consultant on a monthly basis, within thirty (30) days of receipt of invoices for completion of services provided for herein. IV. SUPERVISION AND CONTROL BY CITY It is mutually understood and agreed to, by, and between City and Consultant that Consultant is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. The City shall have supervision and control of Consultant and any employee while on City premises, and it is expressly understood that Consultant shall perform the services hereunder according to the attached Consultant's proposal at the direction of the City Manager of the City of Denton or his designee under this agreement. V. SOURCE OF FUNDS All payments to Consultant under this Agreement are to be paid by the City from funds appropriated by the City Council for such purposes in the dudgL, of the City of Denton, VI, INSURANCE Consultant shall provide at its own cost and expense workmen's compensation insurance, liability insurance, and all other insurance necessary to protect Consultant in the operation of Consultant's business VII, INDEMNIFICATION Consultant shall and does hereby agree to indemnify and hold harmless the City from my and all damages, loss, or liability of any kind whatsoever to the extent proximately caused by the error, omissiun, or negligent act of Consultant, its officers, ag,nts, employees, invitees, and other persons from whom it is legally liable, is the course of the performance of this Agreement, and Consultant will, at its cost and expense, defend and protect the City C of Denton against any and ail such claims and demands. .'he acceptance of Consultant's services by the City shall not operate as a waiver of such rig,a of indemnification. 4 f 4+ 1 Ayonda No. Agenda Item 5' `eze 'i Rate ✓ z VIII, CANCELLATION ~J D• City and Consultant each reserve the right to cancel this Agreement at any time by giving the other party fourteen (14) days written notice of its intention to cancel, If the agreement is cancelled before completion, the City agrees to compensate Consultant for services provided and expenses incurred prior to notice of cancellation. Executed this the day of , 1992 a CITY OF DENTON, TEXAS BY;' BOB CASTLEBERRY, MAYOR ATTEST; JENNIFER WALTERS, CITY SECRETARY BY; APPROVED AS TO LEGAL FORM; DEBRA A. DRAYOVITCH, CITY ATTORNEY BY; COOPERS & LYBRAND _ BY: ?F, " TITLE DA'T'E; _ 9tt' The Director of Personnel/Employee Relations for the City of Denton, Texas is hereby authorized to carry out the terms of this agreement on behalf of the City of Denton, Texas, LLOYD V, HARRELL CITY MANAGER C C 5 ~i if }I CITY 'COUNCIL r L~ i oooooo T- ooooona 00Dori ooo`~ V OOOOO~QCy J~LJQ(~Cl~~~.;_ . t i i i ,fs s? 5 f' CITY COUNCIL REPORT lJ _ U~j Nonda No. Agenda Item Dale _ / l l DATE: March 3, 1992 TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Abandonment of Drainage Easements, Blocks D, E, and F Northwood Addition RECOMMENDATION: The Development Review committee recommends approval The Planning and Zoning Commission recommends approval kU ARY/BACKGROUND: The attached plat illustrates the drainage easement in Block D, that Mr. I.L. Johnson, Jr. has requested to be abandoned. Apparently, the drainage system was relocated between the time of platting and the final construction configuration. The lots with the drainage easement contain no pipes or channels and do not have low points. Therefore, we recommend the easement be abandoned. We in the abandonment and F infor theesame sreasons recommend Northwood EstatesAddition, so B Blocks additional previously mentioned. AEE000DS C i 1 y r. J i B t 4 Agenda No. ~a Agenda Ilar , S' ~ Ci Lille = [=MeDoM LAA6 a rb d> J 91 ul l~ w rM N a N Ib' un~~ Y pA{(riq(IJi _ 3 ry Jn Ps fR ~p ~ 18ERT`{ I...~h+t~~ b w 1~ N 16~ Uttl.r Y EAKMlNt .b VX ¢ O J€ GRA1la LAF4E 1 U ~T -'L~~'r.r,u-rr•! E.e,,r:rncNr el Y o ~ 1 c~ U N o ro z~ Iq 1 s' Q Zo =T~,gR Ri,1N JEa I j 111 - °j~,Ua~ - , ~_4E Nccj~ ,Q r ~ +'W~iE Retu ~ b 17 ~ ~ E LL 7 ' Ib 6 15 Q c1L s w F A l i Y. y. Agenda No. _~vC DU P&Z Minutes Agenda Item February 12, 1992 WO 92 _ Page 14 Don Leander, 1517 Angelina Bend, stated that he is vice president of his neighborhood association which is looking at the possibility of a neighborhood park, There is no nearby park. There is a lot of unused land In the floodplain behind San Jacinto Plaza. There are a lot of people that walk or jog through the neighborhood. It would be great to have a jogging trail. Their proposal is being included in the ° Parks Department CIP proposal. There is a section off of Colorado along the creek that can't be developed. It is jungle like in the summer. That could be prevented by putting in a jogging trail and it would be inexpensive. They hope to see some boulders moved but don't need any concrete. They want a p sous gravel. They have checked with the developers and the land is up for grabs. The Parks Department is also interested in putting in a real park by Provident Bank. Ms. Simpson said that Mr. Leander's proposal will be included in the staff recommendation to the Park's Board. Mr. Holt thanked people for attending the public hearing. Rtgjj r P&Z Meet .Resumed VII. Consider the abandonment of Jennett Street. Mr. Salmon stated that at the request of DIED, the City has proposed to abandon its portion of Jennett Street along the D1SD property. A portion of the street is already on private property and railroad tight-of•way. There is no real need for a street all around the property and there is an alternative, safer route. Mr. Engelbrecht asked if the railroad is in operation. Mr. Salmon said that it is not used. It is the same line that goes out by the mall. Large portions of the tract are deteriorated. The Commission discussed the abandonment. It was moved by Mr. Glasscock, seconded by Mr. Engelbrecht, and unanimously carried (5-0) to approve the abandonment of Jennett Street. VIII. Consider the abandonment of drainage easements in Blocks D, E, and F, Northwood Addition. c e i Y 1 Agenda No. _/CA -")e3 /I Agendo gene /(?S' h, P&Z Minutes Date February 12, 1992 G Page 15 Mr. Salmon explained that when the original plat was filed, there were plans to put drainage facilities in these easements. There was later a change in plans and the drainage was rerouted. The easement was never used and the City has no use for it, The Development Review Committee has recommended approval of the " abandonment. This is an easement on one side of the property. Abandoning it means that the City loses its right to go on the property and use the easement. Currently the easement restricts the property owner from fencing in their whole yard. The natural topography does not lend itself to having drainage in the easement. The owners have indicated that they do not have any drainage problems. Motion was made by Mr. Kamman, seconded by Mr. Engelbrecht, and carried (4-1) to approve abandonment of drainage easements in Block D, E, And F, Northwood Addition. Ms. Huey vuted no saying that after hearing from the number of people having drainage problems she is afraid that the easement may be needed someday. Mr. Salmon said that there is no reason that the drainage would stop at this point. The Cooper Creek drainage project is already in the CIP. IX. Director's Report The Commission discussed the CIP public hearing. The said that they would like to have a workshop at the next meeting to review their authority in the CIP process. Mr. Robbins reviewed the upcoming cases with the Commission. Meeting adjourned at 8,22 p.m. febl2pz y ALL0016B AQonda No. Agenda Ilanl # D) (o ORDINANCE NO. AN ORDINANCE VACATING A DRAINAGE EASEMENT IN LOTS 4 AND 19, BLOCK D, NORTHWOOD ESTATES ADDITION TO THE CITY OF DENTON, TEXAS, LOTS 4 AND 16, BLOCK E, NORTHWOOD ESTATES ADDITION TO THE CITY OF DENTON, TEXAS, AND A PORTION OF LOT 13, BLOCK F, NORTHWOOD ESTATES ADDITION TO THE CITY OF DENTON, TEXAS; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton has determined that the easement being vacated is no longer needed for public use; and s 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; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: k aECmTON I. That the easement, as described in Exhibit At attached to and incorporated in this ordinance by reference, is permanently vacated as an easement for drainage purposes. SECTION II. That by reason of such vacation the City of Denton's property interest in the easement shall by operation of law, revert to the owner or owners abutting the easement abandoned and the City of Denton releases all claims to the use of the prop- erty as an easement for drainage purposes. SECTION III. That this ordinance shall become effective imme- diately upon its passage and approval, PASSED AND APPROVED this the day of , 1992. BOB CASTLEBERRY, MAYOR A ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DfRA A. DRAYOVITCH, CITY ATTORNEY BY:-~10 C r x i1 i Agenda No. Agenda Item S [kilo "EXHIBIT A" TRACT I 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 Lots 4 and 19, Block D, Northwood Estates Addition, an addition to the city of Denton, as recorded indVomore lumeparticuge 40 of the Plat Records of Denton County, Texas described as follows: 19 as show on sai BRING the north Northridge Estates SAddfeet itionfplatdand Lots 4 labeled das a drat age a sement therein. TRACT II 1,-M nd be ing County of parcel of land State oflTexas nand being ALL than the City tract or situated i part of Lots 4 and iof Dent n,EasNrecorded intVolume 14i,tPage 40 addition to the City of the Plat Records of Denton County, Texas and more particularly described as follows: Lots 4 and 16 as shown on said BEING the nGrth Northridge Estates OAddfeet of ition plat da and labeled as a drainage easement therein. TRACT III 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 13, Block F, Northwood Estates Addition, an addition to and Volume 14 Pae 40 of the the City Denton, recorded in ularly describedlas Records of f Denton County, Texas followst BEING north EstateshAddition2plat and labeled as a drainage easement therein. a AEE000:15 \ 4 C I y r t r ~C I TY COUNCIL f t - a A ~Uuuufuj ~gOQQA O P 0 F Op~,o ~ d O 1 , ` OOOO~ Q~y Yr....~O{~~GOG~e L.Ll1LL i C 54 j Agenda No. -!~r z)-e9 Agenda ftrm S CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 566.8307 Office of the City Manager ME MC7I2ANDiIM ~ TO: Lloyd V. Harrell, City Manager FROM: Rick Svehla, Deputy City Manager DATE: February 26, 1992 SUBJECT: Escrow Agreement from the Texas Department of Transportation On your agenda Tuesday night, we will have the escrow agreement from the Texas Department of Transportation for moving the ramp for I-35 northbound traffic exiting to Loop 288. This agreement allows us to pay $450,000 to move the ramp some 3700' south of the current design. I visited with the Council about this project about a month and a half ago. At that time, we advised that Rancho Vista had approached us, and we had worked together with the State to try and accomplish this. Rancho Vista is agreeing to provide the funds for the relocation of the ramp. We have worked out the details with Rancho Vista and have advised them that we would forward the money to the Texas Department of Transportation once it has been received by the city. One other short detail, you will notice that the escrow agreement now has spaces for all the Council Members to sign. Therefore, the resolution indicates that all the Council Members will sign " the agreement. This is a new form that they are using, in order to expedite the construction, we will be visiting with all the Council people to get their signatures. If you or the Council has further questions, 1 will be happy to try and er them at your convenience. Rick Svehla Deputy City Manager RS:bw AMM000F8 C l r. i N 1a pt i,. ewpdocs%1-35 Agenda No. --ryryAganda Item S f/ o,ro ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE STATE OF TEXAS PROVIDING FOR THE PAYMENT OF THE COSTS OF HIGHWAY MODIFICATIONS FOR INTERSTATE HIGH- WAY 35; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Rancho Vista Development Company (Developer) is proposing to construct an outlet mall on property located immedi- ately east of Interstate Highway 35 and south of State Highway Loop 288, in the City of Denton, Texas; and WHEREAS, the Developer has requested that certain highway modifications be made along Interstate Highway 35 immediately adjacent to the proposed outlet mall to facilitate the safe movement of vehicular traffic; and WHEREAS, the Developer has agreed to pay for the highway improvements and the State Department of Highways and Public Transportation (the State) has agreed to construct the modifica- tions; and WHEREAS, the State requires that public highway modifications be performed pursuant to a contract between the State and the City; and WHEREAS, the City has agreed to contract with the State for the highway modifications upon payment of the costs of the improvements by the Developer to the City; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; SECTION I. That it approves the atcached agreement with the state of Texas providing for the payment of the highway modifica- tions therein specified, and shall execute the agreement when the City has received $450,000.00 from Developer. SECTION II That this ordinance shall became effective immedi- ately upon its passage and approval. PASSED AND APPROVED this the day of , 1992, BOB CASTLEBERRY, MAYOR 6 C Y„ 2 1 A: !A kk 'V w 4 Agenda No...1w "DU- _ Agenda Ilem 91T We ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: 4 APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: f PAGE 2 r. i~ ! ,F r r ,q CRP 88(715) M 2250-2-6 v STATE OF TEXAS Denton County t COUNTY OF TRAVIS THIS AGREEMENT, made this day of i , 1992, by and between the Ciry of Denton, Texas, hereinafter called the "City", Party of the ! o First Part, acting by and through its Clty Council and the State of Texas, herelnafter called the "State", Party of the Second Part, acting by and through Its Texas Department of Transportation Commission, WHEREAS, the City desires moving the loc0r, i of the proposed exit ramp from north-bound Interstate Hlghway 35, and the reconstruction of approximately 3700 feet of northbound frontage road and Incidental items wlthln the limits from Station 631 +27 to Station 675+00 onLH- 35 and the State will, among other things, provide for the construction of this work within these limits and the City will contribute a fixed amount of Four Hundred Fifty Thousand and No/100 Dollars (9450,00000), In payment for their portion of this work as outlined In Field Change Request No. 1. NOW THEREFORE, it is understood that this proposed work, as outlined In Field , Change Request No, 1, will be constructed by the State and the City will transmit to the State with the return of this agreement, executed by the City, a warrant or check made payable to the Texas Department of Transportation in the amount of Four Hundred Fifty Thousand and No/100 Dollars (9450,000.00), to be used In paying for the proposed additonal work required by the City. It is further understood that the State will construct only those items for the City as requested and it Is further -1- 4 r Agonda No. el e) Agonda Itom 5 ~a Oolo 3 I ' understood that the contribution of Four Hundred Fifty Thousand and No/100 Dollars ($450,000.00), by the City shall bo a fixed amount for their share of the work. IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in duplicate on the day above stated. CITY OF DENTON TEXAS DEPARTMENT OF Party of the First Part TRANSPORTATION Party of the Second Part Byt_ _ Certified as being executed for the City Manager/Mayor purpose and effect of activating and/or carrying out the orders, established By, policies, or work programs heretofore Member of City Council approved and authorized by the Texas Department of Transportation By; Commission under the authority of Member of City Council Minute Order 100002. By; Member of City Council By. Director, Contract Administration By.~ Member of City Council By: Member of City Council ATTEST; By: Member of City Council City Clerk/City Secretary APPROVED AS TO FORM; -2- ~ T ,F 4 I r BACK UP INFORMATION FOR 3-3-92 COUNCIL MEETING Agenda No. %L op E> Adonda Itom GAS '2/ I Dale CITY OF DENTO r CITY COUNCIL PUBLIC UTILITIES BOARD too REPORT ON : ANALYSIS OF STORMWATER UTILITY FUNDING OPTIONS I j JANUARY 1992 PREPARED BY STORM WATER UTILITY COMMITTEE T r TOc PUBLIC UTILITY BOARD MEMBERS, CITY COUNCIL MEMBERS AND CITIZENS 6 PROMc Storm Water Committee SUBJECT3 STORM WATER UTILITY 00 Increasing state and federal legislation and regulations are prompting municipalities to address both storm water quantity and quality issues. The Denton Public Utilities Board (PUB) studied current, proposed and potential regulations concerning storm water quality and determined that Denton will be impacted in the future. A major issue for the PUB was to determine which drainage system funding mechanism would be the most efficient, effective and equitable for the citizens of Denton, both presently and in the future. Increased operation and maintenance and additional drainage improvements will be required for regulatory compliance. Currently, Dentoa funds their drainage system through the general government revenues which are comprised of ad valorem taxes, sales taxes and fines. However the PUB felt that since recent state legislation allows municipalities to establish storm water utilities, a citizen committee should be appointed to consider passible funding options (Appendix I). C i r, I { f !,M TABLE OF CONTENTS 7 r: SE TON TtTLE ! PA ES 1 Executive Summary 1 6 i 2 Methodology ! 7 3 Discovery of Facts ' 9 - 12 4 User Fee Funding Option 13 - 18 5 Conclusion/Recommendations 19 - 27 Appendix 28 - 39 7 Working Paper Exhibits 40 - 47 8 Sample Fees 48 - 49 t 3 1! 1 r 4 l1 fr# s 1 ! SECTION I I EXECUTIW SUMMARY r 1.1 Authorization On December 18, 1990, the Denton City Council created a Citizen Committee to study the feasibility of establishing a storm water utility (Appendix I). The mission statement given to t'ae committee was two fold: "Review and evaluate the necessity of establishing a Denton Storm Water Management Utility for the City of Utilities and tBoa evaluation stall toi include Public a recommendation of whether the City should pursue the establishment of such a Utility." "Should the Committee recommend the establishment of said ty t Committee shall pprovide recommendations to the Public Utilities Board regarding the most feasible method for establishing said Utility." The Committees consisted of 19 memberas 15 members representing the different segments of Denton and 4 city staff members for technical information and assistance. At the first meeting the Committee formulated and passed the following procedural rules: City Staff would not vote on the issues, Eleven voting members would be required for a quorum. Issues would be passed by a simple majority vote of those members present, but any issue could be revisited and revoted upon the request of any voting member. 2 \ C s4 _ r 7 ' i °tf r.. k S r 1.2 Committee Action The Committee studied federal environmental regulations (USEPA S Storm Water regulations pertaining to the National Pollutant Discharge t Elimination System permit), current state legislation regarding storm water utilities, how other cities were responding to the legislation and ry regulations, and the impact of a storm water utility on the various i constituent groups of Denton. The Committee concludes that the Public Utilities Board (PUB) and r the City Council should pursue the establishment of a storm water utility. The creation of the utility should be incorporated with the 1993 Fiscal Year Budgeting process. However, after significant debate, the committee is not in agreement on recommending a time frame for the implementation of--the fee. The Committee vote was split between implementing the fee in 1993 or 1999 or at which time the EPA Storm Water regulations become applicable to the City of Denton. 1.3 Committee Recommendations The committee recommends that the fees for all properties be based on impervious acreage'. The occupant will be responsible for the fee whenever possible and when not possible, the owner will be responsible for the fee. In addition, the committee makes the following recommendations concerning the rate classifications: Impervious Acreage: property improvements which prohibit storm water from penetrating into the soil. 3 C Y. 1.2 Committee Action The Committee studied federal environmental regulations (USEPA f" Storm Water regulations pertaining to the National Pollutant Discharge y; Elimination System permit), current state legislation regarding storm i water utilities, how other cities were responding to the legislation and is regulations, and the impact of a storm water utility on the various constituent groups of Denton. " The Committee concludes that the Public Utilities Board (PUB) and .r the City Council should pursue the establishment of a storm water utility. The creation of the utility should be incorporated with the 1993 Fiscal Year Budgeting process. However, after significant debate, the committee is not in agreement on recommending a time frame for the iMR-1m-gntation of the fee. The Committee vote was split between implementing the fea in 1993 or 1994 or at which time the EPA Storm Water regulations become applicable to the City of Denton, 1.3 Committee Recommendations The committee recommends that the fees for all properties be based on impervious acreage:. The occupant will be responsible for the fee whenever possible and when not possible, the owner will be responsible for the fee. In addition, the committee makes the following recommendations concerning the rate classifications: y Impervious Acreage: property improvements which prohibit storm water from penetrating into the soil. 3 r l C ti c ~i :l `r Initially, all single family residential units will be ' assessed tha same fee. The feel will be based on the average impervious acreage of the entire residential classification. However, the Committee recommends that the fee structure for the residential classification be reconsidered utilizing the actual impervious acreage of each residence as soon as the tools become available to make the procedure economically .feasible. P The fee for each mobile home park will be determined by that park's total acreage and the number of lots, both occupied and unoccupied, The fee will be the responsibility of the occupant. The fee of the unoccupied lots will be the responsibility of the owner. The occupied lots will be 110 assessed a higher fee as a result of increased storm water runoff. Apartment fees will be determined by the impervious acreage of the individual comple.:, divided by the number of units. The fee will be assessed to the occupant, The fee for vacant apartments will be the responsibility of the owner. Commercial, retail, office and industrial properties will be assessed a fee based on impervious acreage, Properties with multiple occupants will have the bill pro rated to each occupant, The fee for vacant property will be the responsibility of the owner. City, county, state, and public schools will, be assessed in the same manner as commercial, retail, office and industrial properties, with a 25% exemption, , Churches will be assessed the same rate per impervious acre as corim,R rcial, retail, office and industrial properties. Legal counsel advised the Committee that state law prevents the exemption of churches from the storm water utility fee However, the Committee strongly encourages the PUB and the City Council to pursue an avenue of relief to the churches. In accordance with the legislation, unimproved and agricultural property will be exempt from a user fee. 2 Fee/Charge per impervious acre; Storm Water Utility expense divided by the total amount of impervious surface in acres. 4 M h r till tr Examples of the rate structures used by the Committee is provided in Appendix II. Under the current legislation, individuals can provide improvements on impervious services which will be considered in calculation of the fee. 1.4 Committee Concerns ` Although the committee recommends that the PUB and city council pursue the creation of a storm water utility, they express the following concerns which they want the PUB and City Council to consider when formulating their final decision. The committee views the fee as equivalent to a tax. However, a storm water utility will be the most equitable mariner for the city to address regulatory compliance issues. The fee for all properties shall be based on the amount of impervious surface. When and if a storm water utility is implemented, the committee strongly urges the City Council to reduce the property tax rate for that year in direct proportion to the amount budgeted in the general government fund for the drainage system. The Committee charges the PUB and City Council to continue to examine and challenge the accuracy of the data collected on which the committee based their recommendations, and to ensure that the fee assessed will be spread equitably across all constituent groups, without unduly burdening any one constituent group. Committee members are sympathetic and concerned about assessing a fee to governmental entities, schools and universities which receive funding from public revenues, thereby creating a "round robin" effect. The result is increased tax rates which are necessary to fund the obligation. However, the majority of the committee feel that the fee should be associated with each property's contribution to the drainage system. Furthermore, broadening the base of the fee is more equitable. 5 ` c S ms r y fi {N The issue of billing the owner versus billing the occupant was also debated. Some members felt that the owner benefits from ' a reduction in the ad valorem tax rate, so the owner should be responsible for the fee. However, the majority of the members felt that the occupant should be responsible for their contribution to the drainage system. „ 1,5 Special Considerations Finally the Committee urges the PUB and the City Council to consider the following action: The City Council must reduce the property tax rate at the time the storm water utility is .implemented. ' The Committee encourages the PUB and City Council to be prudent in the selection of projects to be funded by the utility, A major concern is equity. The Committee expects the PUB and City Council to consider the impact on all constituent groups of Denton. The Committee is concerned with the inability to put a "price tag" on storm water quality issuea. Thu- Committee recommendations are predicated on the information and figures available and on the drainage system's current levels of service and budget requirements. The Committee encourages the PUB and the City Council to perform an indepth analysis of both the impact of a storm water utility on all constituent groups of Denton and the rate structures using comprehensive and reliable data to validate the Committee actions. The Committee advocates that future legislation and regulations be closely monitored. The Committee took their charge very seriously. They met for approximately 28 hours on nine separate occasions (Appendix III). A tremendous amount of thought, insight and debate was exchanged. This report gives a detailed account of the back-up materials, recommendations and discussions. Please look to Section 5 for a detailed explanation of the voting and recommendations. 6 f i SECTION 2 METHODOLOGY i~ sv 2.1 General Denton is not the first city to consider or implement a user i3 fee for funding a storm water utility, However, Denton is the only city ' t, of which the Committee is aware that has appointed a citizens group to io ire consider the issues, evaluate the options, and make recommendations to a City Officials. The Committee was essentially opening new territory. They had to develop their plan as they progressed. 2.2 Operating Conditions The Committee developed the following operational procedures. In keeping with the objectives expressed in the resolution, the Committee determined that: Members representing City Departments would not have a vote. Eleven voting members comprised a quorum. A Decisions would be resolved by a simple majority of those attending. Previous decisions could be reconsidered and revoted. f~ 4. tl~ Z ~r SECTION 2 METHODOLOGY 2.1 General Denton is not the first city to consider or implement a user fee for funding a storm water utility. However, Denton is the only city of which the Committee is aware that has appointed a citizens group to consider the issues, evaluate the options, and make recommendations to City Officials. The Committee was essentially opening new territory. They had to develop their plan as they progressed. 2.2 Operating Conditions The Committee developed the following operational procedures. In keeping with the objectives expressed in the resolution, the Committee determined that: - Members representing city Departments would not have a vote. - Eleven voting members comprised a quorum. - Decisions would be resolved by a simple majority of those attending. - Previous decisions could be reconsidered and revoted. 7 i i, y t } Ld i 2.3 Process The process consisted of four basic elements: Discovery Analysis Evaluation Decision Discovery was accomplished by providing each member a notebook filled with materials on storm water facilities, regulations, City of Denton activities, etc. Presentations were made by consultants, experienced practitioners and City staff. A list of presenters and their subjects is included in Appendix IV. Analysis was the effort made by each committee member to understand the principles, concepts, ideas, regulations, systems, and organizations presented by the materials and speakers. The members studied the materials, conducted some research, quizzed the presenters and staff, and discussed the questions among themselves until everyone had a clear understanding of the conditions having an impact upon storm water operations. Evaluation was the process of determining the impact of each a condition considered. The impact not only included cost but also considerations such as fairness, equity, quality of life and community enhancement. Decisions were accomplished by discussions concerning which course of action would best serve the interests of the community. The four element process was used as the Committee deliberated the issues of Phase I and Phase II of their charge. a i~ ti ~ v~ s 4 1 i i# I ~ SECTIONS 1- r pISCOVERY OF FACTS 1 A 3.1 General One drainage utility issue to be considered is the development of federal drainage regulations pertaining to storm water runoff. Water quality is fast becoming as much, if not greater, a concern than water quantity. Federal and state governments are taking new and aggressive initiatives to protect the environment by regulating the quality of storm water runoff (Appendix V). 3.2 Related Regulations The development of drainage systems has typically been guided by insurance requirements and local subdivision regulations. The City of Denton's participation in the National Flood Insurance Program allows policies to be issued to existing property improvements inside the 100 year flood plain as determined by the Federal Emergency Management Agency. The policy premiums are based on risk of exposure to flooding. Denton's participation requires that future development within the 100 year flood plain be prohibited. Land owners, developers and cities will sometimes construct drainage improvements which serve to lower the flood level and thus render more of the area developable. Local building codes are intended to protect the building occupant. A permit is required before commencing with construction. One provision of the permit is a review of the 100 year flood plain. Permits are only issued in these areas if very stringent flood control conditions are met. a n i) s, 7'8 Neither insurance nor building permits guarantee that occupants will be free of flooding. Storms of intensity greater than the 100 year flood do occur. In addition, numerous structures were allowed to be built in the 100 year flood plain prior to the adoption of City regulations, , 3.3 Existing Drainage System The existing drainage system has been developed to provide flood control. It serves about 34,624 acres and consists of approximately 20 miles of storm sewer pipe, 88 miles of earthen channels, 13 miles of improved channels, and over 145 cu3.verts and bridges. Much of the system was constructed with the proceeds from City issued General Obligation bonds and maintained with ad valorem tax revenues. Annual debt payments required to retire those storm water bond expenditures totaled $338,154 in Fiscal Year 91. Maintenance activities include seeding, mowing, cleaning, dredging, concrete repair, and reshaping. Currently, these activities are accomplished with 5 personnel, 11 pieces of equipment, and a Fiscal Year 92 0&M budget of $376,256, With Fiscal Year 92 capital costs of $338,154 the total annual budget for capital improvements and on-going maintenance totals $714,410 for Fiscal Year 92. To provide adequate drainage and flood control service to a growing community, in 1989 the City retained Freese and Nichols, Consulting Engineers, to prepare a Master Drainage Plan. 10 The plan identified numerous projects which are considered for inclusion in the Capital Improvements Program (CIP), The CIP establishes the schedule for construction. It also provides a construction schedule dependent upon current needs, growth and funding availability. Since 1985, over eleven million dollars of drainage/street projects have been completed by the o City. Another $2,793,600 of projects are underway. In addition the Five Year Capital Improvements Program (CIP) has identified projects of $2,445,000 for 1992, $1,544.000 for 1993, and $2,038,000 for 1994. Sixteen drainage projects totaling $7,364,590 have been identified but not yet included in the CIP. Although these needs have been identified, funding is not in place to finance these projects. A few of these improvements may be paid for by developers. However, the cost of most improvements, especially storm water detention facilities, system upgrades and regional channel improvements will be borne by the taxpayers. 3.4 Future Drainage System A The future system will be concerned with water duality as well as quantity. Quality is addressed by treating the low flows of small frequent storms, Quantity is addressed by accommodating the high flows associated with infrequent large storms. In accordance with the provisions of the Clean Water Act, the Environmental Protection Agency has begun requiring National Pollution uischarge Elimination System (NPDES) permits of all cities for the discharge of storm water into tributaries, streams, rivers, and lakes. 17. 4 w I {I EPA's first phase of implementation is to require NPDES permits of cities with populations over 100,000 beginning in 1992. EPA has not yet established a schedule for imposing these requirements upon smaller cities, although indications are that it may occur by 1994 or sooner. These are the same permits required of wastewater treatment plants. The Texas Water Commission has begun to consider drainage system rules for cities with populations of 5,000 and greater and, in fact, these rules may become effective for Denton prior to the EPA rules ` taking effect. The projected drainage system will be mandated by state and federal regulations but supported by local funds. It is impossible ,dr at this time to project specific costs, but significant monies will be required. The City of Garland has budgeted $2 million for implementing Phase I of their permit requirements. Parameters are being placed on the quality of the water beinq discharged. However, EPA does not have a data base from which to determine appropriate quality standards. The initial requirements of the permit are to set up monitoring stations, analyze the samples, and submit reports to the EPA. Eventually a data base can be developed and the effect of adding treatment systems analyzed. In the mean time, permits will require cities to apply Best Managemgnt Practices,, BMP's A (Appendix VI) and to utilize the Best Available Tecc nologv, BAT'S. The EPA identifies current technologies which provide the highest level of treatment and refers to these as BAT's. Though vague in description, these practices and technologies are included in various texts, reports, and studies, (Appendix VII), some of which were used by the EPA to help develop regulations in accordance with the Clean Water Act. 12 C s ti~ I~ SECTION 4 ORR FEE FUNDING OPTION 4.1 General The construction, operation, and maintenance of drainage systems has historically been funded by ad valorem taxes. System managers statewide became concerned that requirements for NPDES permits, stringent rules, and strict enforcement could not be accommodated in a "Oe timely manner without a new funding method. Therefore, the state legislature passed HS 1567 which enabled municipalities to create a municipal dra.'.nage utility system at their discretion. The enabling legislation was amended in 1991 by SB 1409 (Appendix V). The concept of user fees for funding storm water utilities is not new, user fees have been in effect for many years in other parts of the country, most notably Colorado, California and Florida.. Austin established a storm water fee in 1982. Euless, Bedford and Arlington have recently established drainage utilities. Garland, Hurst and Gainesville are in the process of doing so and may even be operating at the time of this report. ' Like solid waste, a drainage user fee is based upon an indirect yet proportional indicator. The fee distributes the drainage system costs according to the service received rather than the appraised value of the property served (under the tax system). A charge based on the contribution from each property to the drainage system could be determined by computing each property's surface area and the percentage of that area covered by an impervious surface. 13 f 4 IF !-P The user oriented approach associates the assessed charges with the services received. Federal, City, County, State & Public schools are nct necessarily exempt from user fees. 4.2 Water Quality Water quality is impacted by the contaminants accumulated by storm water runoff, If either the storm water or the contaminants alone can be retained on site, then the water quality is not affected. A certain amount of runoff should be expected from any parcel. Property improvements increase the amount of runoff. Assuming that the increased runoff has a proportional adverse impact on water quality, the legislation correlates the user fee to the increased runoff due to land development. The measurable item is the amount of impervious area on the site. The revenues received are then used to operate a drainage system which includes offsite treatment facilities which improve the water quality as it workr its way to streams, rivers and lakes. The ultimate goal is improved water quality. The fee is associated with each property's contribution to the system, not the volume use of a commodity. 4.3 Tax Versus User Fee Funding The tax fund is limited. Essential services such as fire and police protection often take priority thereby causing drainage improvements to be postponed, sometimes these postponed improvements have an unfavorable cost/benefit ratio, i.e. recovering land from the i 14 C, I ~ .A flood plain, Also, these funds can be more easily directed toward another project due to public pressure. A user fee would render the funds discrete. The demand on the tax fund would be lessened, possibly resulting in a lower tax rate. Budgeting would be based upon regulatory compliance and cost/benefit a analysis consistent with a utility operation, 4.4 Equity Though defined as a user fee in the legislation, the charges still have the appearance of a tax. Regardless of definition or appearance, the application should be equitable. Customers should pay for services received. The value of flood protection to an individual can be fairly well associated with the value of the property protected. Fees can be proportional accordingly. However, regardless of the property value, reckless land development can create an inordinate contribution tr) flood conditions. it can then be argued that fees for flood protection should be proportional to increases in storm water runoff due to land improvements. Water quality can be associated with health and the environment. These are benefits received equally by each individual, A user fee will direct the cost toward the individual who contributes to the problem. It could provide a mechanism to encourage property owners to develop on site drainage facilities. Both water quantity and quality are related to increased runoff due to land development, 15 k fa r The use of ad valorem taxes to fund drainage has presented Denton with another Aquity issue. Denton has an unusual amount of non- taxable property. Without presenting an elaborate analysis of these statistics, the following table compares Denton's dilemma to two neighboring cities: r SERVICE STATISTICS POPU- AREA DENSITY TAXABLE TAXABLE RATE CITY LATION 1) 2) PROPERTY VALUE 1990-91 Denton 66,270 51.4 10225 $2,036,603,285 .6651 Carrollton 82,169 35.0 2,348 $4,691,4600671 .5540 Lewisville 46,521 31.2 1,113 $1,998,806,600 .5321 (1) Square Miles (2) Persons Per Square Mile While each city has school districts and churches, Denton is blessed with two state universities, a state school, the Federal Emergency Management Agency, the county and its offices and the Texas Department of Highways and Public Transportation maintenance facilities. With a user fee these entities would be charged. By establishing a user fee, the annual burden of funding the drainage utility ($714,410) could be removed from the tax system. The tax rate could then be adjusted , downward by approximately four cents . The estirated four cent reduction would not be made available automatically to other departments as the effective tax rate would be reduced accordingly. Establishing a user fee is just one step toward balancing the disparity between the tax rate of Denton and neighboring cities, it wlii not by itself resolve the dilemma and is only one method of reducing the city's reliance on the property tax to fund City services. 16 V f 4.5 Regulatory Compliance Regulatory agencies are emphasizing monitoring, compliance, and enforcement. Fines can be assessed during a field inspection by administrative order. The General Accounting Office has determined that past penalties have been too low and that they should at least. equal the cost of correction in order to encourage compliance. Utilities can no longer afford to wait for enforcement before spending monies for needed manpower, equipment, and capital improvements. Nr~ A user fee provides certain advantages when compliance with regulations is an issue. The justification for Improvements is typically based upon a cost/benefit. analysis. since compliance voids penalties, the cost avoidance of fines becomes a quantifiable element of the cost benefit analysis. Regulatory administrative orders usually impose a time table for compliance. A utility can issue revenue bonds without the additional time for a general election required for general obligation bonds. In Denton, rate changes are considered by two public review bodies: The Public Utilities Board and the City Council. Projects which affect a small portion of the city, but which have a beneficial impact upon rates and the system can be accomplished without a general election involving a larger, unaffected segment of the city. Regulatory compliance can also be inappropriately used to justify budget requests. A fear of citations encourages officials to support requests intended to avoid noncompliance. Failure to prepare the cost/benefit analysis can result in selecting an option less than optimum. Reguiatory compliance can even become a common justification to approve a budget program not supported by a cost/benetit analysis. 17 ;v C r h V }i ~W Establishing a utility to enhance the departments ability to comply with it regulatory requirements does not relieve the Commission and Council of the duty to be vigilant in the review of the administration of city services. A 18 r C R, n r. i~u1 I t kr SECTION 5 CONCLUSION/RECOMMENDATIONS 5.1 Conclusion 5.1.1 Phase I The Committee determined at its meeting on July 24, 1991, that it had sufficiently evaluated Phase I of its objective. It decided that y the City should pursue establishment of a Storm Water. Management Utility. However, since rate design would be considered in Phase II t along with implementation, the Committee attached to its decision the caveat that maintaining the current tax funding method would continue to be a viable option. The Committee voted 9 aye, 0 nay, and 6 undecided to proceed with Phase II as amended. 5.1.2 Phase II The Committee clearly concluded that the City should proceed with the creation of the Storm Water Utility. 5.2 Recommendation Pertaining to Implementation 5.2.1 Creation The Committee voted 11 ayes and 1 nay that a drainage utility should be created. Establishing the drainage utility on January 1, 1992 would confirm the City's commitment. Citizens, city officials, and staff could place future activities with an understanding of their direction. 19 / R l ti. a I _ t ri i Much of the red tape associated with establishing the utility and associated user fees could be accomplished before the need becomes urgent. Most of the policies and procedures necessary to operate as a utility could be in place and staff could adjust gradually allowing time for staff and departments to make a smooth transition. Waiting until the Fiscal Year 1993 budget would allow time to develop a public awareness program. The impact of the utility could be coordinated with planning for the Fiscal Year 93 operations, since the public follows the budget process more closely than most local government activities, they would more likely be informed and knowledgeable. 5.2.2 User Fee Timing The committee did not determine by majority vote a specific time to implement the user fee. The result of the vote was: - 5 for the Fiscal Year 93 Budget Cycle - 2 for the Fiscal Year 94 Budget Cycle - 5 for coinciding with EPA regulatory mandates. It is anticipated that complying with the EPA regulations will require a substantial expenditure. Initiating the fee with the fiscal year 1993 budget would allow Denton to change funding mechanisms while the financial impact on customers would be relatively small and the consequences of variances in revenue projection would also be small. Impervious area data could be transferred from existing files and refined prior to encountering major 0 & M expense. Administrative adjustments could be completed in time to direct administrative planning efforts toward regulatory compliance. C 20 f The customer could become accustomed Lo and confident in the new funding mechanism before any major fees are necessary, Finally, the public could witness the effect on the budget of reducing the tax rate, Waiting until the Fiscal Year 94 budget cycle would accomplish the same objectives but allow the effort to proceed at a more leisurely pace. Coinciding with EPA regulating mandates could provide sufficient time for the advantages given above. Regulatory mandates generally provide a grace period after the effective date. The d' compliance date could be anywhere from 1 to 2 years after the effective date, depending on the time deemed appropriate by the EPA, Also, proposed regulations are published in the Federal Register 90 days before the effective date. Requests for public hearings could lengthen the time period. To assure that waiting for EPA mandates provides ample time, someone could be assigned to monitor regulatory activity and inform City Officials and administrators. Another key element is the legislative process. Once a funding mechanism (tax or fee) is established by ordinance, the municipality cannot change the funding mechanism for five years. The City's desired timing for creation of the utility and implementation of a user fee must be communicated clearly to city staff, The Legal Department must be keenly aware of the desired schedule and should caution the council and boards and commiosions should any proposed action alter that schedule, 21 / .y a 5.2,3 Tax Offset The Committee voted 11 ayes, 1 nay that the ad valorem tax rate b,~ lowered to reflect the reduction in the general fund expenses due to implementing the user feu. The reduction can only occur during the first year of operations. To do otherwise would be to charge the ad valorem tax payers and the storm water utility rate payers for the ; identical budget expenditure, resulting in a windfall for the general fund. The Committee recommends that the adjustment be a dollar for ' dollar offset. Lowering the tax rate in any given year will lower the basis for the following years budget and will establish a lower maximum limit for all future tax rates. However, the continuous affect is only of significance if the tax rate is routinely increased by the maximum allowable amount. The initial adjustment is of prime importance, 5.3 Rates 5,3.1 General Part of the Committee's charge was to recommend "the most feasible method for establishing said utility." The Committee was not a comfortable with recommending a user fee without providing some direction regarding rate making and its impact upon the various segments of the community, To provide a perspective of the rate flexibility provided in the legislation and the relative impact, staff provided a table indicating the effect of several user fee funding methods as well as continuing with the taxing method, 22 n t~ (a jf a During Phase II, the Committee worked through each rate classification to deliberate the rate methodology. The result was two funding options: a tax fee and a hybrid user fee intended to accommodate Denton's particular conditions. The various funding methods are represented in Appendix II. The two funding options are presented in Appendix II. Based upon the principles developed by the Committee and the current reliability o1` the available data base, the distribution of the user fee option should generally be in the proportions indicated in Appendix II. 5.3.2 Rate Classes 5.3.2.1 Residential The Committee voted 10 ayes, 1 nay and 1 abstain to recommend that all single family residential units initially be charged equally. Duplexes shall be considered as single family units with each side as one unit. The occupant shall receive the bill. if not possible, or if vacant, then the owner shall be responsible. All property will be charged on the basis of impervious acreage. Initially the price per residence will be the same. A Some cities have subdivided this class based on lot size, square footage, etc. The Committee determined that the additional administrative costs to analyze the breakdown would be greater than any relief the smaller homes would receive due to the differentiation. 23 A~ C, r. r~ S In future years when EPA's description of quality is defined and regulations are imposed, then Denton can subdivide the class as then deemed appropriate. 5.3.2.2 Mobile Homes The Committee voted 12 ayes, 0 nay to charge all mobile home 4 units as single family units. All property will be charged on the basis of impervious acreage. The occupant shall receive the bill. If not possible, or if the unit is vacant, then the owner shall be responsible. The rate structure will be two tiered. The rate for lots occupied by a mobile home will be developed as if all lots are occupied. The rate for lots not occupied by a mobile home will be developed as if all lots are unoccupied. The corresponding rate will be applied to each lot and/or mobile: home. The owner of a vacant mobile home which occupies a lot will be billed. 5.3.2.3 Multi. Family Units The Committee voted 10 ayes, 2 nays and 0 abstain to charge multi family units based upon impervious acreage. The charge per complex will be divided equally among individual units. Each complex a will be analyzed separately to determine its unique fee. The occupant shall receive the bill. If not possible, or if the unit is vacant, then the owner shall be responsible. 5.3.2.4 Business (Commercial, Retail, Office, Industrial) The Committee voted 10 ayes, 2 nays to charge all business activities based upon impervious acreage. All business activities will initially be charged the same rate per impervious acre. , 24 i 4 n l~ Y Properties with multiple occupants will have the bill pro rated to each occupant. The occupant shall receive the bill. If not possible, or if vacant, then the owner shall be responsible. In the future years when EPA's description of quality is r defined and regulations are imposed, the Committee recommends that businesses be charged based upon impervious acreage and that consideration be given to charge businesses according to their possible contribution to contamination, e.g., outdoor chemical storage, 5.3.2.5 Institutions (City, County, DISD, UNT, TWU, State and Federal) The Committee decided after a series of votes that institutions should be treated the same as businesses with the possibility of an exemption. The charge shall be based upon impervious acreage. The Committee voted to provide an exemption in the amount of: - 6 for 25% - 2 for 50% + - 1 for 75% - 1 for 100% - 2 abstaining The institutional organizations typically provide an immeasurable service to the community. For revenue they generally depend on taxes. Charging them a fee could be viewed as charging the local patron twice; once for his private property/residence and again indirectly through taxes for his use of public property. 25 k 1 I a'la 1 on the other hand, one of the reasons for considering a user ' fee is equity. Many of these institutions provide service to users outside the city limits yet they do not provide compensation for all City services received. A user fee could provide an incentive for property owners to reduce the runoff and/or contamination from their property, Exempting them from part of the fee would counter such an incentive, Also, it is charging the currently exempt activities that truly broadens the funding base. Without their inclusion, the ultimate result of a user fee would be to charge the same persons the same total amount in different proportions by a different mechanism, 5.3.2.6 Churches The Committee voted 10 ayes, 0 nay, 1 abstain, and 1 for another category to be determined later, to include churches in the commercial classification. A majority of members desired that churches receive some exemption, However, legal counsel advised that recent developments prevent cities from placing churches in a rate class created especially for them. .Also, the enabling legislation did not specifically include churches in the list of organizations that may be exempt. The vote to place churches with the commercial class was only if churches cannot be placed in a special class or a class receiving ` some exemption. The Committee directed staff to research other cities, inquire of their classification of churches and their reasoning and report to the Committee. 26 Staff did not discover any cities having a storm water utility fee which provided an exemption for churches, Many cities continue to ' have a water or sewer rate class just for churches. Recent court cases have declared this practice unconstitutional, However, these cities do not intend to make a change unless challenged. Some of the cities include Arlington, Bedford, Euless, and Garland, 4 a R 2/ C n ~ L t3 ` S 2 r SECTION b APPENDIX l8 C ti 0 x I to e:.i WW L* 1 1 i APPENDIX I MEMBERSHIP ROSTER BLUE RIBBON COMMITTEE FOR STORM WATER UTILITY a MEMBER', REPRESENTING f xh4~ Bob Coplen. Chairman Chamber of Commerce Dorothy Adkins League of Women Voters Bill Angelo Community Services Roy Appleton, III Planning & Zoning Commission F-1. L. (Skip) Beard Local Business Ray McFarlane University of North Texas Karen Feshari Planning Department Dr. Vera Gershner Texas Womans University George W. Gibson Residentiaj Area Mark Hannah, Jr. Local Business Roland Laney Public Utilities Board , Dr. Don Michel Residential Area Bob Nelson Utilities Administration Dr. Don Smith Residential Area Roger Wright Denton Independent School Dist, Dr, John Thompson Public Utilities Bob Tickner Parks and Recreation Ralph Morrison Residential Area Mel Willis Denton Industries 29 iv C x r ;r ?a APPFNDDCU ,i ESTIMATE OF FUNDING OPTIONS REVENUES e NOVEMBER 14, 1991 low \~.R - i Jr fr , 413 •a Y ~ w 6, e ~ SINGLE FAMILY $336,264 $262,062 $336,655 MOBILE HOME $80,368 $21,895 $8,059 (1406 occupied MH uryb) DUPLEX $2,818 $3,794 $4,582 MULTI-FAMILY $82,600 $111,183 $62,140 BUSINESS COMM/RETAIL $106,217 $142,973 $137,792 OFFICE $26,679 $35,911 $61166 INDUSTRIAL $97,770 $131,603 $137,643 INSTITUTIONS CITY $1,051 $1,414 COUNTY $1,387 $1,867 DISD $12,744 $171153 UNT $17,441 $23,476 TWU $11,347 $15,274 STATE SCHOOL $10,507 $14,142 STATE $1,051 $1,414 FEDERAL $1,261 $1,697 CHURCHES $10,505 $14,142 VACANT $103,622 AG $3,341 TOTAL $800,000 5800,000 S800,000 RANGE I RANGE II , ANNUAL CHARGE PER IMPEFWIUUS ACHE 41164.10 - x22828 ANNUAL CHARGE PER SINGL E FAMILYDWELLING $23.34 - $18.19 MONTHLY CHARGE PER IMPERVIOUS ACRE $14.01 - 118.86 MONTHLY CHARGE PER SINGLE FAMILY UWELLIN( 11,95 - $1.62 CALCULATIONS : RANGE I - 11W,000 14,759 IMP. ACRES = $168.10 / IMP. ACTS IYEAR RANGE II - 41800,0001 3,636 IMP. ACRES = 3228.28! IMP. ACRE 1 YEAH RANGE I - 41338,264124,896 WITS = 4113.611 LINIT TYEAR RANGE II - 41262,DB21 14,408 INI IS = 418.10/{1NIT) YEAR NOTES (1) RANGE I IS IIASED ON THE PLANNING DEPARTMENT ? G; Mt.:i' AVRES AND AN AVERAGE 10,000 SF LOT. RANGE II REFLECTS ADJUSTMENT OF THE NUMBER OF ACRES BASED ON THE 0 OF SINGLE FAMILY UNITSANDA 10,000 OF LOT. MOBILE HOLIES WERE ADJUSTEOACCORIIINGLY BASED ON 6,000 OF LOT, (2) TILE INFORMATION RESIDING IN THE CURRENT DATA BASE IS WHAT IS HEADILY AVALABLE. ITCONTANS MA, DISCREPANCIES WHICH MUST SE RECONCILED TO DEVELOP A RELIASLE FEE. S IRUCTURE. (3) THE TWO USER FEES INDICATE THE RANGE THST THE USER FEES SHOULD FALL WITHIN WHEN THE DATA IS RECONCILED. 30 t f•. s r, Appendix III CHRONOLOGY OF MEETINGS BLUE RIBBON COMMITTEE FOR STORM WATER UTILITY A. Phase I 1, Wednesday, July 10, 1991 2. Wednesday, July 171 1991 3, Wednesday, July 24, 1991 B. Phase I Presentations 1, Public Utilities Board, Wednesday, August 14, 1991 2, City Council, Tuesday, September 3, 1991 C. Phase II 1, Friday, August 9, 1991 2, Friday, August 23, 1991 3, Friday, September 6, 1991 4, Friday, September 20, 1991 5. Friday, November 1, 1991 D. Phase II Presentations 1, Public Utilities Board 2. City Council 31 ~ h C w r ~ v i t~ ff APPENDIX IV PRESENTATIONS TO BLUE RIBBON COMMITTEE FOR STORM WATER UTILITY PRESENTER ORGANIZATION SUBJECT Lloyd Harrell, City Manager City of Denton Issues Surrounding the Development of a Storm Water ~t Utility Lee Allison, Director City of Denton Regulatory Issues Bill Angelo, Director City of Denton Existing Operations Jerry Clark, Director City of Denton Flood Issues Nancy Moffat, Administrative City of Denton Enabling Legislation Services Cord. Lee Allison, Director City of Denton Financial Impact Larry Shaw, Senior Manager Peat Marwick Financial Issues Management Cons. Accountability and Equity Tom Hart, City Manager City of Euless An Overview of the Euless Storm Water Utilities, Joe Morris, Asst, City City of Denton Legal Questions Attorney Nancy Moffat City of Denton What Other Cities Administrative Services Cord. are doing. 32 s x~ f t r; ~w Appendix V STORM WATER UTILITIES RELATED LEGISLATION I. House Bill #1567 and Senate Bill 41409: ' Relating to the establishment of municipal drainage utilities. „d C- Municipalities may establish a drainage utility system by completing the public hearing process and adopting two ordinances. The municipality must establish a schedule of drainage charges against all real property and provide drainage for all property which is assessed the fee, The funds collected may not be transferred to the general fund. The occupant and not necessarily the owner of the property may be assessed the fee. Uncollected charges may be recovered by the municipality by law. The governing body of the municipality may dissolve the drainage utility after a five year continuous period. a A public notice and public hearing are required, Vacant land; property with proper construction and maintenance of a wholly sufficient and private owned drainage systeml and a subdivided lot until a structure is built and a certificate of occupancy is issued are exempt from this subchapter. 33, t. 1 r t ~i U 3 i The following MAY be exempt; this state t' - a county - a municipality - a schoo] di >trict - a governmental entity or person described by e Subsection (b) and a lot or tract in which the governmental entity or person holds a freehold r interest (fee title) - this pertains mainly to easements, This legislation does not prohibit municipalities from using revenues other than drainage itility revenues to fund drainage systems; nor prohibit a municipa]ity from imposing impact fees or other charges for drainage allowed by law; nor enhance or diminish the authority of a home-rule municipality. II. Clean Water Act Congress passed the Clean Water Act Amendments which requires municipalities and certain industrial activities to develop and implement storm water management programs to control the adverse impact of storm water pollution. The United States Environmental Protection Agency (USEPA) currently requires municipalities with population over 100,000 to obtain National Pollutant Discharge Elimination System Permits (NPDES) for storm water runoff. 34 v, A n_~A N 1 EPA has proposed that the permitting regulations be extended to cities with populations of 10,000 to 99,999 in the next couple of years. 111. Senate Bill 818 Senate Bill 818 requires that a water quality assessment study be performed by the Trinity River Authority. The Texas Water 9 Commission and the Texas Water Development Board MUST adopt the necessary rules to implement the water quality assessment study within 180 days from the effective date of the Act (June 7,1991) . =00 All the cities in TRA basin are required to fund a portion of the $5 million study. 35 f 4~ e- APPENDIX V2 BEST MANAGEMENT PRACTICES ~;Igtire 2,4: CorlTVaratlve Pollutant Removal Cf lroan EMP Oeslgns t' BMP/design m; Dw F%TINOFD OETENr10N FONO DESIGN I ? ? YGa/AArI OEEIOM 1 • 'J , a W009AAIV 0211oT: a • ~ 7 a ~ NIUN rgV! NOT F^NO r 2 TO 20%01IYOVAL A 343I0N 1 v vOOIAATr 1 20 90 AD% AtMOVAL USIGN 1 a wODAAATI , ~0 t0 60a AIYOVAL 2131ch w • a 3 , u NION J 60 TO 60a AVM OVAL NFILTAATION Ta1NCM • 10 10 100E alYOVAI nil u INIIV FID2FNT 0111GN f a , , a w001AAT1 eNOw►eoaA CSS2F,N Q i 114 Co ' a WON OFEIGN f • i, a • • • NION INOILTAATION tAtIN '•1~ -t vdVaN r 'a .e a a Ya0laATI Callow 6 • J , • a N)" 018!aw t • a a • • • NNIN FOIIOUF AAVIYINT DIMON r 7 a J woollArl DESIGN 01 • La • • NION DUO" 1 • a a • • • NImN WATIA OUAWrY INLET aES<aN +o O ww PILTIA STRIP 021041611 O O O I ® LOW DIMON It 0 a • ® YOOIeATI ' o1LAtasO IwALE 010" 10 C. V V Q ID Q Low Clem IA (3 e e O ® Law Datga I: First-/lush rusofl value setaLaed for 6.12 boors. Conlin 21 Foss(( value proms"ae by 1,0 JACA, aotained 24 homer. Design 71 As to Design 1, but With Shallow marsh to batten stage, Culp L: Fermaeeas pool equal to 0.1 tack stands Per namotVtow aaro, halve t: "trnwong p..6' equal to 1.S (Vrll were Vremeas storm rmaletl. Loeap 61 lormsaamt Pool squsl is L.0 (Vr)t apprea. 2 Yea" tetestten, Culp II Fatlity exlaltrates ltrevllushl 0,2 lack r"all/tamer, acre. Design 6; Fatality extlltrates one Lava rwee(t value per taper, ARM Des►go 91 Faatlity ex(iitrates all ruae(t, up to the 2 year damage harm. Cea►ge 101 400 eukee toot wet storage per Lmparvieke acre. Daatgn 111 20 fact wide turf stmt. Date 121 060 ("a wine (dressed strip, Wlth level spreader. Culp 1124 Usk die" "ales. 41 LOW 11adiuwwdtes WYLth s tAOOk dame. 36 t x 1 i II !1 f f 1 APPENDIX VII STORM WATER MANAGEMENT REFERENCES Avellaneda, Eduardo. "Hydrologic Design of Swales.11 M.S. Thesis University of Central Florida, Orlando, Florida, December, 1985. Camp DressEr & McKee. "Final Report-An Assessment of Stormwater Management Programs." Prepared for Florida Department of Environmental Regulation, December. 1985. Driscoll, Eugene D. ' "Performance of Detention Basins for Control of Urban Runoff.'[ 1983 International Symposium of Urban Hydrology, Hydraulics and Sediment Control. University of Kentucky, 1983. Florida Concrete Products Association. Pervious Pavement Manual, 1989. Harper, Harvey H, "Effects of Stormwater Management Systems on Groundwater Quality.,, Interim report for Florida Department of Environmental Regulation. January, 1988. Harper, Harvey H. "Fate of Heavy Metals from Highway Runoff in Stormwater Management Systems." PH.D Dissertation., University of Central Florida, Orlando, Florida. 1985. Harper, Harvey H,, M. P, Murphy, and E. H. Livingston, "Inactivation and Precipitation of Urban Runoff by Alum Injection in Stormsewers." presented at 6th Symposium on Lake and Reservoir Management, North American Lake Management Society, Portland, Oregon, November, 1986, Hartigan, John P. "Regional BMP Master Plans," Proceedings of Urban Runoff Technology, Engineering Founcation Conference. Henniker, New Hampshire, June, 1996, pp. 351-365. Hartigan, John P., and T. F. Quasebarth, "Urban Nonpoint Pollution Management of Water Supply Protection., Regional vs. Onsite BMP plans," 1985 International Symposium on Urban Hydrology, Hydraulics and Sediment Control. University of Kentucky, 1985, op 297-302 Hydrologic Engineering Center, Storage, Treatment, Overflow, Runoff Model "STORM", U,S. Army Corps of Engineers, Davis California, July 1976, Jellerson, David. "Impacts of Alum Sludge on Lake Sediment Phosphorus Release and Benthic Communities." M.S. Thesis, University of Central Florida, Orlando, Florida, 1981. 37 r Livingston, Eric. "Use of Wetlands for Urban Stormwater Management." Design of Urban Runoff Quality Controls, ASCE, 1989, pp 467-489. Livingston, Eric, et al, The Florida Development Manual: A Guide to Sound Land and Water Management. Florida Department of Environmental Regulation, Tallahassee, Florida June, 1988. Maryland Water Resources Administration. "Guidelines for Constructing Wetland Stormwater Basins." March, 1987. Maryland Water Resource3 Administration. "Maintenance of Stormwater Management Structures: A Departmental Summary." w July, 1986. Maryland Water Resources Administration. "Standards and Specifications for Infiltration Practices." 1984. Miller, Robert A. "Percentage Entrainment of Constituent Loads in Urban Runoff, South Florida." USGS WRI 84-4329, 1965. Rast, W,, R. Jones, and G. F. Lee. "Predictive Capability of US OECD Phosphorus Loading Eutrophication Response Models." Journal of the Water Pollution Control Federation. Vol. 55(7), July, 1983, pp.990-1003. Roesner, Larry A. "Aesthetic Implementation of Nonpoint Source Controls," Proceedings of the Symposium on Nonpoint Po3lutionc 1988 - Policy, Economy, Management, and Appropriate Technology. American Water Resources Association, Bethesda, Maryland, November, 1988, pp.213-223. Roesner, Larry A ,p Ben Uri)onas, and Micahel B. Sonnen, editors, Design of Urban Runoff Quality Controls, ASCE, 1989. Saint John's River Water Management District. Applicant's Handbook. Saint John's River Water Management District, , Palatka, Florida, 1989. Schillinger, J.E., and J.J. Gannon. "Bacterial Adsorption a>>d Suspended Particles in Urban Stormwater." Journal of the Water Pollution Control Federation. Vol. 57(5), May, 1985, pp.384-389. Schueler, Thomas R. Controlling Urban Runoff: A Practical Manual for Planning and Designing Urban BMPs. Metropolitan Washington Council of Governments, Washington, D.C., 1987. Shaver, H. Earl. "Infiltration as a Stormwater Management Component, Proceedings of the Urban Runoff Technology, Engineering Foundation Conference. Henniker, New Hampshire, June, 1986, pp.270-280. 38 c, f$ Stenstrom, M.K., G.S. Herman, and T.A. Burstynsky. "Oil and Grease in Urban Stormwater," Journal of Environmental Engineering. Vol. 110(1), 1984,pp.58-72. Suwanee River Water Management District. Applicant's Handbook. Suwanee River Water Management District, Florida, 1986. Urbonas, Ben, and Larry A. Roesner, editors. Urban Runoff Quality: impact and Quality Enhancement Technology, ASCE, v 1986. U.S. EPA. Freshwater Wetlands for Wastewater Management Handbook. EPA 904/9-85-135, Washington, D.C., September, 1985. U.S. EPA. Results of the Nationwide Urb an Runoff Program: Volume 2: Final Report. Washington, D.C., December, 1963. Wanielista, Martin P. "Quality Considerations in the Design of Holding Ponds," Stormwater Retention/Detention Basins Seminar. University of Central Florida, Orlando, ,Florida, August, 1977. Wanielista, M.P. et al. "Best Management Practices-Enhanced Erosion and Sediment Control Using Swale Blocks," Florida Department of Transportatiun Report FL-ER-35-87, September, 1986. Wanielista, M.P., and Y.A. Yousef, "Best Management Practices Overview," Proceedings of the Urban Runoff Technology, Engineering Foundation Conference. Henniker, New Hampshire, June, 1986, pp.314-322. Wiegand, Cameron, et al. "Cost of Urban Runoff Controls," Proceedings of the Urban Runoff Technology, Engineering Foundation Conference. Henniker, New Hampshire, June, 1986, pp. 366-380. Yousef, Y.A „ et al. "Fate of Pollutants in Retention/Detention Ponds," Stormwater Management: An Update. Publication 85-1, University of Central Florida, Orlando, Florida, July, 1965, pp. 259-275. C 39 c. r 4 0 SEC_ TIM ry_ WORKING PLIPER-.EXHIsITS The documents included in this section do not represent any concl of usions the Committee, nor do they represent an f any acts developed by the committed. They are only intended to indicate the type and extend of information presented to this Committee to assist in their effort to develop the conclusions and recommendations presented in Section V, A i 40 ti. s w r EXHIBIT I WORKING PAPERS FROM MINUTES OF MEETING ON JULY 24, 1991 COMMITTEE USER FEE ANALYSIS PRO'S s 1. The Storm Drainage Department would not be competing with other departments for the same budgeted dollar. 2. More equitable because all improved property pays. 3. Allows the City to address present problems as well as future problems. 4. Can be used as an economic and redevelopment tool, 5. Permits cost/benefit analysis for projects. 6. Allows for proactive preparation. 7, Increases individual responsibility/provided incentive for quality and quantity control, 8. Permits long term planning. a 9. Can be phased in over several years, 10. Allows funding for other priority needs. 41 i CON'S 1. Lack of urgency/EPA regulations currently do not affect Denton. 2. Shifting payment from ad valorem to user fees. 3. Financial burden to universities and s^hools. 4. User fees are more regressive. S. User fees are not tax deductible. 6. User fees are considered flexible taxing. 7. User fees are considered another taxable method. A 42 t t~ EXHIBIT it WORKING PAPERS AUGUST 29, 1991 DRAINAGE UTILITY COMPARISON CHART OF OTHER CITIES _AUSTIN- LL BEDFORD`. _ POPULATION 253,000 _ 48Q,000- 45,000 - - 38,000 189,000 PROJECT STARTED AUG 1989 JUNE 1989 AUG 1990 IMPLEMENTATION OCT 1990 1982 SEPT 1991 JAN 1991 DATE_ w PER WTR MTR PER UTILITY BILL 70007010,600 SQ FT > 10,500 SQ FT MULTI FAMILY BY UNIT BY UNIT BY UNIT - iMP, ACRE BY UNIT _ WHO BILLED OWNER OCCUPANT OCCUPANT OWNER OCCUPANT PER WTR MTR PER Ul-I,.ITY BILL PER WTR MTR PER WTR MTR PER UTILITY BILL WHICH RATE APARTMENT COMMERCIAL RESIDENTIAL COMMERCIAL_ COMMERCIAL COMMERCIAU PEA WTR MTR BY OCCUPANT^ BY OCCUPANT PER WT'S MTR- BY-OCCUPANT STRIP BILLED HOSP11AL YES YES YES YE'S YES CHURCH YES YES YES YES YES SCHOOLS YES NO NO YES YES GOVERNMENT YES NO YES NO YES CONSULTANT NO NO YES NO YES PRELIMINARY NO UTILITY BILL FEES NO CHARGE 1 A q r fj I~ 1 EXHIBIT III WORKING PAPERS r AUGUST 21, 1991 I~ COMPARISON OF DRAINAGE UTILITY FEES OF OTHER CITIES g' IMP 1 COE F DENT'ON ARLINGTON AUSTIN ' BEDFORD EULESS GARLAND RESIDENTIAL $1,43 $1.00 $1.30 $2.50 $1.50 <SF 7 $1.00 Sr 7-1 C,500 $2.00 NSF 10,500 $3.00 MULTI FAMILY 0.6 $1.43 (5) $0.60 $14,04(l) $2.50 8.86 (3) $13.07(4) COMMERCIAL. 0.9 $12.61 (5) $10.00 $14,04(l) $11.82(2) $12.95 (3) $19.60(4) HOSPITAL 0.25 $3.50 (5) ? $14.04(l) $4.27(2) $6.82 (3) $5.45(4) CHURCH 0.25 $3.50 (5) ? $14,04(l) $4.27(2) $6.82 (3) $6.45(4) SCHOOL DIST. 0.25 $3.50 (5) ? ? $4.27(2) $6.82 (3) $6.45(4) UNIVERSITY 0.25 $3.50 (5) ? $0.00 N/A N/A $5.45(4) GOVERNMENT 0.25 $3.50 (5) ? $0.00 $4,27(2) $6.82 (3) $5.46(4) VACANT 6 $4.77 3 GENERAL NOTE ; to ALL FEES EXCEPT RESIDENTIAL HAVE BEEN ADJUSTED FROM FEE PER IMPERVIOUS ACRE TO FEE PER ACF PER ACRE OF DEVELOPMENT SPECIAL NOTES: (1) AUSTIN - MINIMUM CHARGE OF $2.53 PER MONTH. STRIP CENTER OCCUPANTS AND APARTMENT OCCUPANTS BILLED INDIVIDUALLY SINCE AUSTIN ESTABLISHED THEIR UTILITY PRIOR TO S.B. 14091 THEY MUST MAKE ADJUSTMENTS IN ACCORDANCE WITH THE LEGISLATION (2) BEDFORD - BASED ON IMPERVIOUS SURFACES PRODUCING 9.5 TIMES THE RUNOFF OF VEGETATED AREAS AND AVERAGE SINGLE FAMILY LOT = 8,840 SQUARE FEET WITH 2,727 $0, FT. OF IMPERVIOUS AREA it EXHIBIT III (continued) (3) EULESS - BASED ON IMP. COEFFICIENT OF 0.5 FOR RESIDENTIAL,GOVERNMENT,SCHOOLS, CHURCHES AND HOSPITALS IMP. COEFF. OF 0.35 FOR PARKS AND VACANT LAND. IMP COEFF OF 0.65 FOR MULTI-FAMILY IMP. COEFF OF 0.95 FOR BUSINESS, INDUSTRIAL AND MISC, (4) GARLAND - BASED ON $0,05 PER 10D SQUARE FEET OF IMPERVIOUS AREA. CHARGE OCCUPANT. OF THE. PROPERTY, (5) DENTON - BASED ON ERU OF $1,36 PER MONTH AND $14.01 PER IMPERVIOUS ACRE. (AMOUNT NEEDED TO FUND CURRENT DRAINAGE DEBT AND OPERATIONS.) (6) S.B. 1409 AMMENDED H.B. 1567 TO SPECIFICALLY EXCLUDE VACANT LAND NOTE : FOR MULTI-FAMILY, DENTON, ARLINGTON AND BEDFORD BASED ON CHARGE PER UNIT, AUSTIN, EULESS AND GARLAND BASED ON CHARGE PER IMPERVIOUS ACRE. COMMERCIAL THRU VACANT BASED ON ONE ACRE, EXCEPT ARLINGTON WHICH IS A PLAT RATE. A J C v. EXHIBIT IV WORKING PAPERS NOVEMBER 18, 1991 RELATIVE IMPACT OF VARIOUS FEE METHODS <1 ` $33 X33 258 $336 269 $336,655 SINGLE FAMILY (67 0.35 (;000) $897,086,978 (2q,406) (19,284 ($2$681,1393 02$681,968 ($261,912 MOBILE HOME (1797 61 0,60 (88) $21,474,855 (1,210 (1 606 ($21 ,938 {$21,900 (20,899 $B'o5s ti DUPLEX 48 0,35 17 $12,210,976 210 (268 ($3 807 ($3,794 ($3,790 $4'682 14 MULTI FAMILY 624 0.79 491 $165,684,730 6,143 (8,8167 ($1,367 ($$811,2014 ($$1811,216 2,140 COMM/RETAIL 702 0.90 632 $367,174,339 7,898 6,169 $106,415 $i06,218 $106,216 $137,792 87 166 OFFICE 176 0.90 169 $16,430,504 1,984 1,697 $97954 $97,770 $97771 $1$6,643 INDUSTRIAL 831 0,70 682 $366,777,994 7,270 {22,777 ($310,976 ($310,549 {$310,651 INSTITUTIONS '1601 400 CITY 26 0,25 6 77 60 $1,037 $1,034 $1,030 COUNTY 33 0,25 8 103 81 $1,388 $1,387 $1,390 DISD 303 0,25 76 948 743 $12,773 $12,744 $12,751 LINT 415 0,25 104 1,297 1,016 $17,475 $17,441 $1'7,436 TWU 270 0.25 66 844 661 $11,372 $11,347 $11,344 761 612 $10,623 $10,507 $10,603 STATE SCHOOL 250 0,25 63 78 61 $1,051 $1,051 $1,047 STATE 25 0,25 6 94 73 $1,267 $1,261 $1,263 FEDERAL 30 0'25 8 781 612 $10,523 $10,607 $10,503 CHURCHES 250 0,25 63 PARKS 525 0.00 (6,643 ($90,708 ($90,575 ($90,573 $103,622 VACANT 8841 0.00 $276,121,363 TRANSPORTATION 3436 0,00 $3,342 AGRICULTURAL 0 0.00 $6,905,973 - - - - 00 000 1@~000 4800,000 TOTAL 23 2 4 759 $-2,131767,7i2~_ 69376 46616 5800)000.8 _ - --96 000 - 5 44124 'B676 58b0,00b $800,000. __(TOTAL) _20262 _ 353 _ MONTHLY CHARGE 1a.o1 (1o,ss) IMP- IMPKRVIU(IS ANNUAI, CUAKOE PI(R $MPHRVIOU% ACRH $1se,.11 1 1 (1 (22s8.1.az) 3) 1.12 .01 (1.61) SP)-- SR( OEM PA MUM U N IT ANNUAL CIIARUR PER SERI $13$17.16 (18.63) - 1.13 \(1,11) RKU- HGUIVIIANT MIDRNTIAI, UNIT ANNUAI, CUAROR PER RRII • URFOINAI, NUM WWI ARK KASHD ON T11H PLANNING M(PARTNIHNT I UP SINOLH PAMA.Y IIIi9IDi(NTIAI. A(,RIL4 AND AN AVHRA(;K 10.0 SI' IiYTIMA'IIiU LAT. NIIMBK" I I RRM.HCT ADIUSTAIRNT OP IIIR NUAIHI(R OVA MRS DA3H) ON TIM 0 OP 51N(II.E I'AMU.Y IINITS ANU A 14~ 5P 1A7'. FLOW" MOHS.R IIOMSSS'VHl(If AU1f1Sf119 AC(~R7)1N(II,Y IIA51(U UN S,f100 SI' 1.OT. A C.. `1 lvff 04 EXHIBIT IV (continued) NOTES (1) DENTON COUNTY APPRAISAL DISTRICT IS THE PRIMARY SOURCE OF DATA. OTHER DATA IS FROM THE CITY OF DENTON PLANNING DEPARTMENT OR IS ESTIMATED. (2) APPRAISAL DISTRICT DATA INDICATES AN AVERAGE OF 32,026 SF PER RESIDENCAL LOT AND PLANNING DEPARTMENT DATA INDICATES 17,280 SF. 8,000 TO 12,000 SF I$ CONSIDERED MORE TYPICAL. BOTH NUMBERS SEEM TO INCLUDE RESIDENCES LOCATED ON LARGE ACREAGE, 10,000 SF PER RESIDENCE IS ASSUMED FOR USE IN THIS ANALYSIS. Y (3) ASSESSED TAX VALUE IS ASSUMED TO INCLUDE ANY ALLOWED EXEMPTIONS. I, a V Ole t A C 1' 4• n SECTION 8 SAMPLE FEES 48 EXAMPLES OF CHARGES FOR STORMWATER SERVICE USER FEE VERSUS AD VALORUM TAX TYPE OF APPRAISED IMPER, IMPER, USER FEE AD VALORUM CUSTOM gn ACRES VALUE COEFF ACRES SFU RANGE I RANGE II WAX i RETAIL 7,408 $2,767,504 0.95 7.038 88 $1,183 $1,593 $1,039 RESTAURAVT 0.540 $290,244 0,95 0.513 6 $66 $116 $109 BUSINESS 9.595 $723,620 0.60 4.796 60 $807 $1,086 $272 SMALL BUSINESS 1.325 $91,230 0,60 0.663 8 $111 $150 $34 STRIP CENTER 1 7.220 $4,372,216 0.95 6,85) 85 $1,163 $1,552 $1,641 STRIP CENTER 2 8,559 $3,403,403 0.95 8.131 101 $1,367 $1,840 $1,277 STRIP CENTER 3 3.526 $2,206,799 0.95 3.350 42 $563 $758 $828 APARTMENT I 9,242 $5,008,306 0.79 7.301 91 $1,227 $1,652 $1,879 APARTMENT 2 3.004 $1,793,806 0.79 2.37.3 30 $399 $537 $673 APARTMENT 3 0.790 $512,016 0.79 0.627 8 $105 $141 $192 CHURCH I 2.412 0.56 1,360 17 $229 $308 CHURCH 2 3,802 0.87 3.307 41 $656 $748 1 BASED ON ; ANNUAL CHARGE PER IMPERVIOUS ACRE RANGE I $168,10 RANGE II $226,28 lod' TAX RATE (DRAINAGE SHARE) $0.03763 i i E j A C 1 I SURVEY RESULTS OF EXIIIBtT A CITY COUNCIL BUDGET PRIORITIES QUESTIONNAIRE 1992-93 BUDGET A~anda No. 7 RATING ti VALUE Agenda Item. NO OPINION 0 Clete ELIMINATE CURRENT EFFORT I SUBSTATIALLY REDUCE CURRENT EFFORT 2 RHMICE CURRENT EFFORT 3 °x~'I CONTINUE CURRENT EFFORT 4 INCREASE CURRENT EFFORT 5 SUBSTANTIALLY INCREASE CURRENT EFFORT 6 INITIATE NEW EFFORT 7 Nb, :5'~R~lGB ASi3 ` s`L"UR 3'OAB ;K r STREET MAINTBNANCEIREPAIR 37 5,29 2 MUNICIPAL COURT 36 5.14 " s74~ CdNSTRUGr17D1V(ItoUltbll~!d ~S 5.0A f POLICE PATROL 34 4.86 s LOW & MODERATE INCOME HOUSING 34 4.86 6 ~rBR~rt~'~~Ue~'S ~XN'cI1rAt~ 3~ ` , '1,- 7- I1r#itRk'2NF,e'vIG15S . ,4.` 71, . e LITTER PROGRAMS 32 4.57 9 COMMUNITY ORIENTED POLICING (COPS) 32 4.57 to TRAFFIC SIGNALIZATION/ENGINEERING 32 4.57 I I DRUG ABUSE/ENFORCEMENT PROGRAMS 32 4.57 12 LONG RANGE COMPREHENSIVE PLANNING 32 4.57 13 FIRE PREVENTION 32 4,57 u LIBRARY YOUTH/CHILDREN'S PROGRAMS 32 4.57 i, CONTRIBUTIONS TO HUMAN SER VICE AGENCIES 32 4.57 t> z 19A I.n t 1 ES S is 31 y 44~ 22 23 ! X1:43 24 25 WATER STORAGE/RESERVES 26 4.33 26 CRrl~9 4:29 27 111N pie vrs " h . 2e AI RISX`iiTJi1P~.AY7 no r ' 29 31 A-0-0 iy y x f ter n 4M r 7riT 70 RYGb iU„r7 t /w C/ A sso a M r 32 /NF r G~ik k S LtYd ~S G ;S~ y~~. 4,29 33 r i Y. SURVEY RESULTS OF EXHIBrr A CITY COUNCIL BUDGET PRIORITIES QUESTIONNAIRE 1992-93 BUDGET RATINO VALUE NO OPINION 0 LL MINATE CURRENT EFFORT I SURSTATIALLYREDUCE CURRENT EFFORT 2 REDUCE CURRENT EFFORT 3 CONTINUE CURRENT EFFORT 4 INCREASE CURRENT EFFORT J SURST.1 F TIALL Y INCREASE CURRENT EFFORT 6 INITIATE NEW EFFORT 71 0 ,.Wa ✓,+.Y.. ..IiRMA✓. Ir x~ ZF AYY'+ ,;Y la{,IVI~.TS X^:i 31 MAN. PIpR7.A~ (5'PA~~ ~~"l?G) 1 3t 35 GM-t1R i~5st rcf•f t~ 3~' laazc~~~ ~ ~,~OYIJS' ~e4tNlr1~` r ,r G/17,~Y,EX.I~PMFsIti~1' >c ~ 4{~9= 37 G'1'P'+~we ,t~IM l•' x i 3e FIRE SUPPRESSION 29 4.14 39 EMERGENCY PREPAREDNESS (MANAGEMENT) 29 4.14 ao NEIGH80RHOOD SERVICES (NICE, ETCJ29 4.14 u PARK MAINTENANCE 29 4.14 42 STORM DRAINAGE IMPROVEMENTS 29 4.14 43 RISK MANAOEMENT 29 4.14 M ENVIRONMENTAL HEALTH (INSPECTIONS, ECT,) 29 4.14 45 RECREATTONCENTER PROGRAMS 29 4.14 46 SIGN VIOLATION ENFORCEMENT 29 4.14 47 INTERNAL AUDIT SERVICES 29 4.14 P81~R w " A ,yy(~./~{{ ~,~/y/t) {`~~/-]yu`,y~)y~+ 4C 'G ,ty Cad y{A/V^'~~`~TMrIala~a•.R, wF~`x'{ 1'• 51 `•Cn ~i 49 z r ° d:cTVt ~f e?~ ~".w o lei f93y. ~ ~f p~ #,y 1.; SO Mjh~rro,CiY•Itl i.Y y d~fu i r s Sl as ~]X~ty s xs gF a ms L x~ r' Y 'EY 2~L{ ~,Y~yY}►~.,t 1. .t Yy +a...~tr#~ jtL, ,Y 3 < f ~dF~~ORq~'R~l~`SA I ~ w.xix° ayc 2a~i 1' : -.F !~n.&a'3b3t ;f :r ;mac r ,rz ,xr we . i ra,pui , sy A s♦W q m x° rc • s:r F SE;"ni v4 a iiax' 5. -'zt~ Y. .r l r. 40,! SS irE r, nr. .al.:d.mo. ➢i s7 BUILDING INSPECTION 27 3.86 sa ECON DRV INCENTIVES (TAX ABATE, EM) 27 3.86 s9 DEVELOPMENT REVIEW PROCESS 27 3.86 DOWNTOWN REDEVELOPMENT (MAIN ST„ ETC,) 27 3.86 6i ECON DEV UTILITY INCENTIVE RATES 27 3.86 OTHER: i 1 v. h i 1 Ifor CY ISSUF,S: low are specific actions of direction given to staff by individual Coueilmembers development of the 1992-93 annual budget. "Set forth the plan to bring the Police Department to full strength in eve era possible including personnel and modem technolORY as soma as that can be accomplished. (Include necessary restructuring of Municipial COW "Bring the CIP Program for streets and roads to a complete update. " "Present a compnebensive plan for the stormwater utili for discussion ` ffan NO in long and short term planning. " update of mental health providers in the city health lap. . a comprebensive fies dhacted to economic dev elopment op some "hard" as well as "soli" evidence of the retum o0 that nvestment s for high kve/ council development seminars at two points -both with outside consultants.' "Street improvement ' "Economic development efforts. • `Move forward on $pace protects as fast as pcm'bk. " "Improvement on enhances into city - examples. DtalW Drive, Vniverisi Dr. , etc. " "Complete downtown pro*ts now working. " "Move storm water utili Forward • "Re. Sidewalk issue. wben & council majority make a decision on wbo repairs sidewalb and take lisblli , present council with options to support the decision. "As of Ina. 1, 1992 dMM is still no growth of tax rolls. Be a wane and tale to avoid tax increase. • "Do not biro for vacancies occurring in depts that have less activity due to stagmto ecaoom . • "Strang emphasis upon maintenancae of existmg ci facilities. " 'Improvement and possible expansion ofpark facilities.' 'Focus on training at all kvels and esp~eciail for police. " `Establishment ofa cauR ofraeordl " I 5 Below« x Aa y.o + u Y s h` r ..a u sre specific acdona or aurctioa given to staff by Lxilvidual Couoilrnember, i fort devrl M9W of the 1942-93 aanual bud et 'F~stablLshmeat ofa aancotks divfsian withia muaictpallm1lce depwtmmt. Fcache ofundiV for"argampol cmW be amPiy made M ougb Pinbabl as hxrraSe is eaeral revenues would be Saco. " In emaacdae with me Statement above, estabiisb a K-9 Secdaa. Volunlam withfa the commth* have expm&w fuacdao. A good mateb with the ' tvil Gbgaess to fund diiS narcotics divisi • aa. 'Renewed emphasis as baaudfx~doa for little cast b 4 ~barmb a rmdnyt6ose rnter=daus where y i48 h~ ~ C= AM IifrJy to discard debris (cigarette butte '7be airport mmalas untapped sad has Sbowa What is the vOY U&k movement is the two yam, IL wao't rrst y ~~o m* DeWq meat? J ppea - we ha ve to mabe it h:pprn!! A s Nenda No Agenda Aem.L_~ No y f CITY OF DENTON MUNICIPAL UTILITIES FORECAST ELECTRIC, WATER, WASTEWATER, AND SOLID WASTE JANUARY 1992 CITY OF DENTON MUNICIPAL UTiLI'PY DEPARTMENT DENTON, TEXAS ~•i • it I C'Yi'f.!A1~ Y 4 TABLE OF CONTENTS SECTION 1 INTRODUCTION 1.1 Authorization 1-1 1.2 objective 1-l 1.3 scope 1-3 o SECTION 2 METHODOLOGY 2.1 introduction 2-' 2,2 Variables r 1 00 2.3 Normalization a,.'2 2.4 Risk Analysis 2-t3 SECTION 3 ELECTRIC UTILITY 3.1 Introduction 3-1 3.2 Methodology 3-2 3.3 System Peak Load & Energy 3-12 3.4 Substations Loading 3-24 3.5 Summary of Results 3-27 SECTION 4 WATER UTILITY 4.1 Introduction 4-1 4.2 Water Supply 4-9 4.3 Water Treatment Plant 4-15 4.4 Water Distribution System 4-21 SECTION WASTEWATER UTILITY 511 Introduction 5-1 5.2 Methodology 5-3 5.3 Wastewater Collection system 5-3 5.4 Wastewater Treatment 5-8 5.5 Lift Stations 5-14 CITY OF DENTON UTILITIES L. V 5 I C]fL'%dVtt+'rryyl { L E,CTIO_N 6 SOLID WASTE UTILITY 6.1 Introduction 66-1 -1 6.2 Methodology 6-6 6.3 Customers 6-7 6.4 Solid Waste volumes 6_7 6.5 Landfill LIST OF REFERENCS5 A-1 CITY OF D£NTON UTIUTIES C. 1 .tip 0'1 9 1 l 1i LIST OF TABLES SECTION 2 METHODOLOGY TABLE 2.1 Historical & Projected Populations 2-4 TABLE 2.2 Average Annual Growth Rate by Decade 2-9 9 SECTION 3 ELECTRIC TILITY TABLE 3.1 Rate Class Energy Requirement in 3-3 Megawatt-Hours TABLE 3.2 Historical & Projected Average Monthly 3-5 Number of Customers TABLE 3.3 Historical & Projected System Energy 3-7 Requirement TABLE 3.4 Planned Increase in Yearly Energy 3-10 Consumption (Megawatt Hours) Government Customers TABLE 3.5 Historical System Energy & Peak Load 3-14 Requirements TABLE 3.6 Historical & Projected System Peak Load 3-16 & Capacity in Megawatts with 158 & 208 Reserve for 1990-2001 with No Firm Contract Sales TABLE 3.7 Historical & Projected System Peak Load 3-20 & Capacity in Megawatts with 158 & 208 Reserve for 1990-2001 with Firm Contract Sales TABLE 3.8 System Peak Forecast Comparison in 3-23 Megawatts TABLE 3.9 Substations Historical & Projected Peak 3-26 Demand (MW) TABLE 3.10 Summary of Forecast Results 3-2$ SECTION 4 WATER UTILITY TABLE 4.1 Number of Water Customero 4-3 TABLE 4.2 Water Consumption by General Rate Class 4-4 TABLE 4.3 City of Denton Annual Finished Water. 4-7 Production TABLE 4.4 Monthly Water Production 4-6 TABLE 4.5 Denton, Corinth, & LCMUA Annual Raw 4-12 Water Requirements TABLE 4.6 Denton, Corinth, & LCMUA Peak Day Water 4-18 Requirements CITY OF DENTON UTUTIES .o i-.p,s I TABLE 4.7 Water Main Size & Length 4-23 TABLE 4.8 Ground Storage Requirements 4-26 TABLE 4.9 Elevated Storage Requirements 4-28 TABLE 4.10 Total Storage Requirements 4-29 SECTION 5 s WASTEWATER UTILITY TABLE 5.1 Number of Wastewater Customers 5-4 TABLE 5.2 Sanitary Sewer Size & Amount. 5-5~ TABLE 5.3 Wastewater Influent 5-9 TABLE 5.4 Major Lift Stations 5-15 TABLE 5.5 Lift Stations 5-16 TABLE 5.6 Lift Stations 5-17 TABLE 5.7 Lift Station Collection Areas 5-20 E~ CTIQ 6 SOLID WASTE UTILITY TABLE 6.1 Residential & Commercial Solid Waste 6-3 Customers TABLE 6.2 Landfill Solid Waste Volumes 6-4 TABLE 6.3 Contract, Cash, and Municipal Solid 6-5 Waste Volumes C t~ CITY OF DENTON UTILITIES $ y 4 LIST OF FIGURES ECTION 2 METHODOLOGY F2.1 cal & Projected Population 2-5 cal & Projected Population 2-6 t ECTI0ll 3 ELECTRIC ILITY FIGURE 3.1 Rate Class Energy Sales 3-4 a~ FIGURE 3.2 Historic System Energy 3-15 FIGURE 3.3 Historical & Projected System Peak 3-18 FIGURE 3.4 Historical & Projected System Peak 3-21 Plus Firm Contract Sales FIGURE 3.5 System Peak Forecast Comparison 3-22 SEETIQN 4_ WATER UTILITY FIGURE 4.1 City of Denton Historical & Projected 4-5 Average Annual Water Production FIGURE 4.2 Denton & Customer Cities Water Production 4-6 Forecast for Denton & its Customer Cities FIGURE 4.3 Water Supply Requirements for Denton & 4-13 its Customer Cities FIGURE 4.4 Water Supply Requirements for City of 4-14 Denton only FIGURE 4.5 Water Treatment Plant Capacity 4-19 Requirements for Denton only FIGURE 4.6 Water Treatment Plant Capacity 4-20 " Requirements for Denton & its Customer Cities SECTION 5 WASTEWATER UTILITY FIGURE 5.1 Historical & Projected Average Annual 5-10 Wastewater Influent for Denton & its Customer Cities FIGURE 5,2 Denton & its Customer Cities Comparison 5.11 of Average Annual. Influent Forecast FIGURE 5.3 City of Denton with Customer Cities 5-13 Historical & Projected Wastewater Treatment Plant Capacity - CITY OF DENTON UTILITIES - - ` i S - ~JI 111Mriti. _ J 7 FIGURE 5.4 City of Denton Lift Station Runtime 5-18 Comparison SECTIO 6 SOLI WAS E N D T UTILITY FIGURE 6.1 Historical & Projected Residential, 6-8 Commercial, & Misc. Volumes FIGURE 6.2 Projected Remaining Landfill Capacity 6-9 9 A CITY OF DENTON UTILITIES C G Y •:I CITY OF DENTON r MUNICIPAL UTILITIES FORECAST EXECUTIVE SUMMARY I. INTRCDUCTION The annual forecast is a presentation of the fundamental elements upon which the planning for utility system expansions, upgrades, and improvements are based. This includes providing for the needed capital resources. In consideration of the increasing cost of utility service, concern for the environment, the high level of dependability required by the customer, diminishing availability of quality raw materials, etc., this forecast incorporates methods intended to provide a more accurate assessment of historical demands. This is accomplished by evaluating causative variables such as rainfall and temperature. Population is the single most important variable. Denton has experienced some relatively short periods of high population growth. An annual pattern of changes in the growth rate has not been established. Short term trends in building permits along with projections by the North Central Texas Council of Governments {NTCOG} were used to project the CITY OF DENTON UTILITIES i x ffi f:419: v M1 4i L population. For Denton the historical and projected population isi PERCENT YEAR POPULATION ANNUAL GROWTH 1980 48,063 1990 66,270 3.26 1992 66,822 0.30 1993 67,404 0.87 1995 69x852 2.05 2000 79,363 2.59 2005 90,275 2.61 2010 102,687 2.61 2015 116,805 2.61 2020 1320865 2.61. The use of causative variables in conjunction with population projections provides a basis for risk analysis. Utilizing the available data, each component of the utility demand was analyzed for extreme as well as normal conditions. For example, water demand was analyzed for the effect of high rainfall years, normal rainfall years and low rainfall years. Risk analysis provides the ability to plan future activities within acceptable ranges of deviation. C CITY OF DENTON UTILITIES li y v: I r 3 i II. ELECTRIC UTILITY Peak Demand System components are designed to accommodate the peak demands which only occur a few times per year. Efficiency can be gained by having a uniform demand. Otherwise system n components can be very large compared to the average demand. The projected peak demands and load factor for Denton are: DEMANDS (MW) YEAR PEAK LOAD FACTOR 1992 191 0.5002 1995 204 0.5020 2000 226 0.5115 Denton's load factor is expected to continue to increase due to the success of the load management program. Electric Generation A Denton is projected to require additional generation capacity by the year 2001 for the 158 spinning reserve with no firm contract, sales. Denton will need additional generation capacity by the year 1996 for the 158 spinning reserve with firm contract sales. Denton will have to decide whether to participate in the next TMPA generation unit, construct its own generation, participate with another utility, or purchase CITY Of DENTON UTILITIES 1 a.'. Pb`kau ty UU Q ' V .~t7 firm power to assure that generation capacity is provided in a timely manner. Electric Distribution Denton currently maintains approximately 15.6 miles of 69 kv transmission lines and 382 miles of 13.2 kv distribution lines. Consideration should be given to sizing when constructing new lines or replacing existing lines in order to provide increased load capacity, prevent overloading, and serve new customers. III. WATER UTILITY Water Demand Denton's water demands vary substantially depending on rainfall. Denton's projected average annual treated water demands expressed in million gallons per day (MGD) are: , DEMAND (MGD) YEAR NORMAL WET DROUGHT 1992 11.12 9.97 12.79 1995 11.63 10.42 13.37 2000 13.21 11.84 15.94 2005 15.03 13.47 17.28 2010 17.09 15.32 19.66 2015 19.45 17.42 22.36 C~ 2020 22.13 19.82 25.44 CITY OF DENTON UTILITIES iv d n , s{ ~i Water Supply Denton's raw water supply is sufficient until the year 2016, However, water supplies can take anywhere from ten to thirty years to locate, design and construct; forty years is not uncommon. Denton is currently pursuing additional water supply capacity from the Cooper Reservoir. The full capacity of this supply will only be available for fifty years. Denton should be receptive to any opportunity to obtain additional supplies. Water Treatment Denton is designing a 10 MGD plant at Lake Ray Roberts. Construction is currently scheduled for completion in May of 1996. However, this forecast indicates that the completion of construction may be scheduled as late as 1999 without the risk of water rationing. The proposed water treatment plant should provide for Denton's normal demands until after 2015. The Lake Ray Roberts plant can then be expanded in increments up + to an ultimate capacity of 100 MGD. Denton is currently proposing to enter into wholesale agreements with the Upper Trinity Regional Water District (UTRWD). Denton's customer cities, Corinth and Lake Cities Municipal Utility Association (LCMUA) would terminate their agreements with Denton and then obtain their water supply from C CITY OF OENTON UTILITIES i V 1 9, i k P 'S7! i Ftthhe D. The combined needs of Denton and the UTRWD may ly determine th e construction schedule for the new Water Distribution Denton currently maintains approximately 295 miles of water distribution mains. About 50 percent of these are six inches in diameter and about nine percent of these are less than six inches in diameter. When constructing new lines or replacing existing lines, careful consideration should be given to proper line sizes. Parallel lines allow for phasing and the advantage of a lower capital cost. However, the increased length of lines could increase the maintenance costs. oversizing developer lines and designing for a 20 year projection demand period will help minimize the length of mains in the system. i Storage Denton is planning for a three million gallon ground storage tank at the booster station on Hartlee Field Road which is scheduled for completion in May of 1993, Again this forecast indicates that completion of construction could be delayed until 1997, two years ahead of the water trea,ment plant. Another three million gallon storage tank will be needed by 2005. , CITY OF DENTON UTILITIES of 4 s s Denton is also planning for 1.5 to 2.0 million gallons of elevated storage by 1993 in the middle plane. Currently there is no elevated storage on the Upper Plane, but it is planned for the area prior to the year 2000. The creation of a lower pressure plane between Loop 288 and Lake Lewisville will w necessitate elevated storage in that area prior to 2010. IV, WASTEWATER UTILITY Treatment According to Texas Water Commission (TWC) criteria, Denton should have already begun construction of the treatment plant expansion. Design is underway and near completion for expansion to 13 MGD capacity, Construction is scheduled to begin in 1992 and be complete in 1994. Expansion to 15 MGD capacity is also currently being designed and construction is scheduled to begin in 1996 and end in 1998. According to the TWC criteria Denton should already be underway with construction that would increase the capacity to 15 MGD and should be planning the next expansion above 15 MGD. Influent Denton currently provides service to Corinth and Argyle, The projected annual average flows for Denton (including customer cities) are C CITY OF DENTON UTILITIES vii c~ v: G ~i ti A ANNUAL YEAR FLOW (MGD) 1992 9.35 1993 9.44 1995 9.78 2000 11.11 5 2005 12.64 2010 14.37 2015 16.35 2020 18.60 Collection System Denton currently maintains approximately 346 miles of gravity lines and force mains. About 65 percent of these are six and eight inches in diameter. When constructing new lines or replacing existing lines, careful consideration should be given to proper main sizing. As with water mains, parallel lines allow for phasing and therefore have the advantage of a lower capital cost, but increase the total length of lines which may increase the maintenance costs. Oversizing developer lines and designing for a 20 year projection demand period will help minimize the length of mains in the system. Lift Stations Denton currently operates 18 lift stations, seven of which reach capacity during a sizable storm event. Three of these lift stations are known to overflow at least annually. CITY OF DENTON UTILITIES viii Out of the seven only Cooper Creek and Corinth lift stations are near capacity during dry weather operating periods. The Cooper Creek station is scheduled to be upgraded in capacity with construction commencing in October 1992. The Corinth station should be considered for an upgrade in capacity within " the next five years. The remaining 5 lift stations that reach capacity have relatively low dry weather flows and surge F` significantly during storm events. Infiltration and Inflow (I/I) is the major problem for these stations. The cost of correction should be compared to the cost of the liftstation expansion and pumping, when evaluating capital improvements. Infiltration/inflow (I/I) Both the collection system and the wastewater treatment plant are affected by I/I. Historical records indicate that Denton experiences a noticeable amount of I/I during and after c storm event, With operation, maintenance and treatment costs continuing to rise and regulatory requirements becoming more stringent, Denton has initiated an in house I/I analysis in an effort to minimize the load on the system. Cost and regulatory pressure may dictate the use of consultant services to expedite completion of the task. CITY OF DENTON UTILITIES `Y t i. ;i ij w V. SOLID WASTE UTILITY Landfill Capacity Denton receives both' residential and commercial solid waste as well as solid waste which is privately delivered to the landfill. During the upcoming year Denton is becoming the exclusive solid waste handler for the City. Once this happens • Denton should see a sizable increase in the commercial volumes while the contract volumes should decrease proportionately. The over all effect of the change is a small net increase in the total volume. The commercial and total volumes are projected as followse COMMERCIAL SOTAL ANNUAL VOLUME ANNU?;L VOLUME YEAR (CUBIC YARDS) (CUBIC YARDS) 1991 193,294 364,165 1992 260,250 378,282 1995 267,732 391036 2000 303,386 443,754 Even with the change in customer base the projection of the remaining landfill capacity has not change from the 1991 Forecast. The landfill capacity is projected to suffice until 1996, The effects of recycling may extend its life several months. Denton may expand the landfill into the adjacent area to the east. However, this expansion as well as any proposed CITY OF DENTON UTILITIES x ~ 1i 4. f- T ~ '.fjc 4'b . 1"a SWh 1 I • n expansions requires permit issue by the TDH this process can ` take from three to five years. It should be started I immediately. A CITY OF DENTON UTILITIES - C Xi ;4 1>ti re I a SECTION 1 INTRODUCTION ,f r 1 JANUARY 1992 CITY OF DENTON MUNICIPAL UTILITY DEPARTMENT DENTON, TEXAS a :r SECTION 1 INTRODUCTION 1,1 AUTHORIZATION The annual Forecast is an integral part of the City of Denton's Utility Department planning, programming and budgeting process. It is prepared each fall by the ' Qy Engineering Divisions of Electric, Water/Wastewater and Solid Waste Utilities. The final report is presented to the Public Utilities Hoard in January of each year. 1.2 OBJECTIVE The primary objective of the annual Forecast is to determine a projection of demands upon the utility system as the basis for planning and budgeting needed capital improvements. This process is accomplished in two general phases. The first phase involves gathering available historical data and analyzing trends. Since demands are related to growth as well as changing use patterns, characteristics related to each other are reviewed. Growth analysis includes characteristics such as population, commercial/industrial activity and land use, Demand analysis includeds characteristics such as billing history, plant production records, user classifications, rainfall and temperature. r CITY OF DENTON UTILITIES t-I 4 v. f Fdifferent phase involves projecting Denton's growth and tterns and combining them to project future . The demands are expressed in several to accommodate evaluation of a particular verage day, peak day or peak hour. The Forecast is also used t o project commodity sales and raw material purchases such as natural gas for electric arM production and chemicals for water treatment, This enhances the process for preparing the operating budget, I . The Forecast also serves to meet some additional objectives. The usage and number of customers projections provides a uniform base for developing the utility master plans. Other departments and divisions may use the Forecast as a basis for projecting their manpower, equipment and space needs. Indicators for this purpose may include, but not be limited to: - Laboratory test/1000 gallon treated water - Customer service representatives/EWH electricity sales - Utility past due notices/1000 customers - Acres platted/100 customer incremental increase - Acres subdivision development/100 customer incremental increase, CITY OF DENTON UTILITIES i - 2 r 1 y. e ~ i rY , tasi l~ r, Any department or division which has any activities which must be coordinated with or are related to utility activities can future needs. ~ develop an indicator to help project their f 1,3 SCOPE This report is restricted to the gathering, manipulation, processing and interpretation of data indicative of the ever changing growth rate and utility use patterns of the City of 9 Denton. The Certificate of Convenience and Necessity area, City of Denton Planning Land Use Planning Projections, ~ Department Population Projections and various system master plans were utilized to develop the geographical limits of the area served. The resulting projections of utility demand were then used to determine the schedule for future system expansions. The schedule is included for basic planning purposes only. No analysis other than that included in existing reports and master plans is undertaken to determine the optimum size and schedule for incremental expansions. Every capital improvement identified in the Forecast should be a reviewed in regards to need and cost effectiveness prig rictio inclusion in the Capital Improvements Program and again prior to implementation. CITY OF DENTON UTILITIES 1 - 3 C k f it Major capital improvements can require anywhere from three to five years for planning, design and construction, Some may require as much as ten to twenty years. Circumstances change over the development phase of a project and the changes should be incorporated into the design and schedule as they occur. " The schedule only indicates the time that a project should be in service. The project phasing schedule is included in the Capital Improvement Program. The initial start date for each project should be worked backwards from the date needed in service as provided in the most recent Forecast. The Forecast is a fundamental tool for providing general planning information for the Utility Department. Detailed planning is accomplished via the Capital Improvements Program and master planning. It is further refined during preliminary design and is implemented via final design and construction. Even after construction is complete, the project may require modifications due to regulatory and environmental changes, so the planning, programming and budgeting processes go on. CITY OF DENTON UTILITIES i I - 4 r L SECTION 2 METHODOLOGY P n JANUARY 1992 CITY OF DENTON MUNICIPAL UTILITY DEPARTMENT DENTON, TEXAS 11 li ly P SECTION 2 METHODOLOGY 2.1 INTRODUCTION Forecasting is basically a trend projection. It can be based upon cyclical, incremental or random variations. Seasonal variations are an example of cyclical trends. Changes in the number of customers is an incremental trend, though the actual increments may be somewhat random for a long term projection. Changes in the use per person may be a better example of an incremental change. Changes in weather patterns or conditions is an excellent example of a random trend. The trends indicative of utility usage were developed for each specific utility by: - Identifying the causative variables - Normalizing for the random variables - Developing usage indicators - Developing the normal usage - Conducting a risk analysis. The task for developing the trend indicators varies somewhat for each specific utility. It is dependent upon the physical characteristics of each utility, i.e. large amounts of water can be stored while electricity cannot, electricity , CITY OF DENTON UTILITIES t\~' 2-i i Y. Ir and water are distributed while wastewater and solid waste are collected; and upon the data available. Further detail of the development of each indicator is provided in the discussion of the particular projection, 4 2.2 VARIABLES 2.2.1 Discussion Historically utilities have depended solely upon the use per person to determine use trends and make projections. This methodology served well when per capita use and cost of services were low. However, per capita use has risen with the development of electrical and water using devices and of wastewater generating devices. Cost of service has risen along with rising energy cost and diminishing natural resources. This Forecast establishes the basis for using causative variables while using per capita trends for comparison and to provide validity and credibility for the more detailed and exact method of forecasting. Three variables were identified which may cause variation in the utility use trends. These Include population, temperature, and rainfall. c K' CITY OF DENTON UTUTIE5 2 - 2 'I+ 5i 2.2.2 Population Population projections were made in conjunction with the City of Denton Planning Department. The historical and projected populations are given in Table 2.1 and Figure 2.1. The major difference between the 1991 and the 1992 population projections, is that the 1992 projection-has been adjusted for the 1990 census. This resulted in a 3,014 person decrease in the 1990 population compared to what it was thought to be previously. Even with this significant, change in the population number the actual annual growth rates are very similar to what they were in the 1991 Forecast. The slope of the lines for the years 1991 and 1992 are parallel in Figure 2.2. Since it is the growth rate and not the actual population that effects the entire forecast significantly, there are only small changes in the scheduling of the capital projects. A comparison of this population projection and projections of 1987-1992 Forecast are shown in Figure 2.2. Denton has experienced a decrease in the growth rate over the last several years which is reflected in these forecasts. The recent population numbers were compared with the most recent North Central Texas Council of Governments (NTCOG) population projections for the City of Denton. Since NTC'OG monitors the pulse of the metroplex, any large variation between NTCOG figures and Denton's figures might indicate knowledge of an exceptional factor having an unusual impact upon Denton's projected growth pattern. C - CITY OF DENTON UTILITIES C 2 - 3 h . ivnsu~ _ .....,N f r ..c S I I TABLE 2.1 CITY OF DENTON HISTORICAL AND PROJECTED POPULATIONS ANNUAL YEAR POPULATION GROWTH RATE {96) - HISTORICAL - 1950 21,346 f 1960 26,644 2,32 1970 39,874 4.04 13 1960 48,063 1189 1990 66,270 3.26 199f 86,470 0.30 fa -PROJECTED- 1092 66,622 0.53 ! 1993 67,404 0.87 1994 68,448 1.58 1Y95 69,852 2.05 I ,t 2 79,363 000 2.59 2005 90,275 2.61 2210 102,687 2.61 2015 116,805 2.61 2020 1321865 2.61 6 Year Increment 10 Year Increment CITY OF DENTON UTILITIES - 2 - 4 160,000 FIGURE 2.1 150,000 CITY OF DENTON HISTORICAL AND PROJECTED 140,000 POPULATION YEAR POPULATION 130,000 1950 21,345 1960 26,644 120,000 - 1970 39,674 1960 46,063 110,000 1990 66.270 1662 100,000 1995 69,652 - 2000 79,363 I Q 2010 102,687 90,000 2020 132,865 C N [ 60,000 - U 0 70,000 Z 60,000 50,000 40,000 30,000 20,000 - • = CENSUS DATA 10,000 0 1950 1955 1960 1965 1970 1975 1960 1965 1990 1995 2000 2005 2010 2015 2020 YEAR ; 17A • 165 1,1.1;11•...;,..1 •j 111..»1.••• ;.111•..11111.1 1968 1989 1990 1991 1992 ISO 11..11 ,1,~1 1111. 1.•.1. .l.lr... ' 1PORZCAST 1pOR1CAgT PORSCAST FORRCASP FORRCABT . 155 ....j......j......j...... : • 1 1 .1..1.». .1..11.1},1,.,.?, .;...1,.;1.1.. r ...1. :...1 »111....1. .1 ' ' 150 . ' . 145 1.. •..1.1. I 1:. ..1 5......;, •.•1•:1 ' ' ' 1; 11.11 .f 1. .,;..,1 140 ........I........,, .....I.1.. ...............•I. .1.. 135 ;..1. .\1... .\.111 .\1.11 ...1111...1 11111.1•...... 'I rl.l. ...I;I.IIrII...... I11.1. O 190 1.1.1......; ..1♦ ; 1.. 11. 111 ' I.. ;..1111;. ...1 ;1 •..I{. I...;.1.111.11..1.\...1 I\1•Ir . Mrl• I»• % 135 .....j...1 j.... ' ' 1' 1 1 180 .4...• .......ti.... ...1. .1. 1..... ......1......1.1.1.,:• r • • ..11111 ;:•r lib j.....i.....s......... ............;..1...;.,1...t......;......;... ' IV T i 1 ' 110 . 11.. ; I. ....../......1..111 ' ....t ;.11...1;.11. 105 ....j.... •j .I.. 1•I 11... ' .1••j• ..1.... •M •.1. .q.l•I. 100 1., wlr : ...r Ii ..li. .i. 1.;.... .}....1 11.11.• •111..1.... . ' N : O 95 Ij .1. .;1 11.~~YII 1 1 O .Ir.l• 11. •I. •I. •a1. . rY• X1.11• .1,1.1.1... •4. •4 •.....4. 90 ' 85 .1.......1..11.1.. 1;..1• .\..11..41.1• 11• ' .III. •I •1;1.1.. .I...I....... 1.. .;.1.1 .1. ; .1• I..r 1 . 1 1 1 1 I 1 , ' . • . 1 ' 1 1 ' 1 ....j......j.....•j .f.,.. .1... 1}11.. ...1. ' ...;...I..j. ..1.1.1.1.........1.....1;.... •11111.1..1.1 ,1. .1. ...II..j. .I.y.1.1.1;.. .11111.1....,. ...1 75 70 1.... ....j...... j.ll.. e5 FIGURE 2.2 Cl'1'Y OF DMMN 60 .Il...j.l ......t ..11111.1.11. ......•11....;.1,1..;.....1;...1.. . e MsTolucu CRNSVS' DATA H19TQRICAL AND PRWXCM 55 f 1 1 . • 1 1 . 1 1 1.1...1 1 1 1 POPUL►T10N FORSAiV 50 1980 1988 1984 lose 1908 1090 1908 1994 1908 1098 8000 9008 3004 8006 8006 8010 9018 4014 8018 "is Sm YEAR ri t F projections were utilized for Denton's two : Corinth and Lake Cities Municipal Utilities se numbers were obtained from the most recent ections prepared by NTCOG. The population UA represent only the portion that is served and will be served by Denton, , It is anticipated that Corinth and LCMIIA will make arrangements to receive service from the Upper Trinity Regional Water District. The projections of Corinth and LCMUA have been extended to the year 2020, because Denton is a contract member in the UTRWD, These Cites will still impact Denton's planning but only as part of the UTRWD. Using a constant percentage increase for population projections has one significant flaw. As demonstrated in the 80's, growth follows a random pattern, Unfortunately no one can predict how growth will develop over a long time, However, an evaluation of developments in progress can help predict short term fluctuations in the growth pattern. Denton experienced an unusually high growth rate in 1985. It has decreased every year since then, Recent indicators published by the Denton Planning Department Indicate Denton may not experience any significant growth for the next two to three years and then it could turn upward at any given moment. CITY OF DENTON UTILITIES - ` 42 - 7 A y br Denton appears to be primed for growth, Alliance Airport is complete, and American Airlines is constructing a maintenance facility there, Lake Ray Roberts has completely filled. The northern section of Loop 288 is under construction, DFW Airport is expanding. The Perot Group has identified the northwest quadrant of the metroplex as being , underdeveloped in comparison to the other quadrants. Large tracts of land along the I-35 W corridor have been annexed at the request of two large developers. Camping World has located in Denton and the Manufacturers Retail Outlet Inc, is constructing a new outlet mall in Denton. These major developments will eventually be followed by a multitude of smaller projects. More industry means more jobs, more residents, more homes, more groceries, laundries, gas stations, etc, This process takes time, but some initial developments are underway. The population projection assumes that the decreasing growth rate trend has ended and the rate will slowly continue upward. The average annual growth rates by decade are given in Table 2.2. - CITY OF DENTON UTILITIES \ c p_g r I '44„ TABLE 2.2 AVERAGE ANNUAL GROWTH RATE BY DECADE ANNUAL AVERAGE POPULATION ANNUAL DECADE INCREASE GROWTH RATE $ 1950'S 549 2.3 ` 1960'S 1,303 4.0 1970'S 818 1.9 19801S 11820 3.3 1990'5 11393 1.8 2000'S 2,332 2.6 2010'S 3,018 2.6 Any number of, unexpected events could cause the growth rate amount to vary, n,Cticularly on an annual basis. Denton experienced relatively high growth during the 60's. In the 70's the incremental growth rate dropped by 53 percent. The growth rate increased 89 percent in the 80's, however, growth was sporadic. The average annual growth rate was 3.3 percent during the 1980'x. Denton has demonstrated a growth potential in the range of 6 to 10 percent per year. However, this was a very short lived phenomenon: Because of the current emphasis on major C CITY OF DENTON UTILITIES c C_ - 9 commercial and industrial development in the Denton area, is is reasonable to anticipate a sustained growth rate in the range of 2.5 percent to 2.65 percent per year. Because the Forecast is prepared annually, Denton is better able to position themselves to adjust to any sudden changes in the growth pattern. To accomplish this, the City staff must be acutely aware of any activity which may have an affect on growth. 2.2.3 Weather INTRODUCTION Changes in the weather have an effect on utility usage. Most effects can be explained by seasonal changes. However, not every season is the same. Some summers are hotter and drier than others. For example the calendar year 1991 has been the wettest year on record, but the fiscal year 1991 was a normal year for rainfall. Also, not all utility use is affected by weather changes. Washing dishes, cooking meals, washing and drying clothes, lighting homes, and solid waste generation are examples of utility uses which occur independent of weather conditions. Weather variables are used to help explain the variations in usage for certain weather dependent activities such as heating, cooling and lawn watering. CITY OF DENTON UTILITIES - 2 - is c x I 1 rA ' n TEMPERATURE Felectricutillty tility is most affected by changes in the rain or shine, mechanical devices will be o control the interior. environment. The ustry has developed a measure called the degree day,Basically this is the difference between the e average of the high and low daily temperatures and a standard base temperature of 65 degrees Fahrenheit. It is referred to 2*~ as a cooling day if the average is above 65 degrees F and a heating day if below. While the degree day is not a direct measure of energy requirements, it has been proven to be a reliable indicator of energy demand. Degree day information for the Dallas - Fort. Worth area was obtained from the U.S. Department of Commerce, National Climatic Center. The degree day was used as an independent variable in the linear regression analysis. Temperature was determined not to be a causative variable for water demand. Heating and cooling is dependent on a , temperature differential. However, people do not tend to wash their cars or water their lawn more often because the daily high increases from 95 degrees to 100 oegrees. Temperature was not included as an independent variable for water projections in this Forecast. CITY OF DENTON UTILITIES i ' 2 - 13 t1 fi i 5 n RAINFALL The electric utility demand is Indirectly affected by rainfall. The temperature is typically lower during a storm and tends to cause a lower degree day. The degree day reflects the effects of a storm. Therefore, including rainfall. as an independent variable would be a redundancy. c Rainfall was not used as a variable for projecting electricity demand. oW It should be expected that water demand is directly affected by rainfall. However ralnfa)l has little or no effect on water use for the months between November to the beginning of March. The correlation between rainfall and water use is greatest in the late spring and the summer months. This proves to be especially true during times of heavy irrigation demands. The water demand more than doubles during the lawn watering season. Seasonal rainfall from May through August was used as an independent variable for projecting water demands. 2.3 NORMALIZATION Variables are factors that regularly change. These include such phenomena as growth, income, and weather, all of which change in a fairly random pattarn. CITY OF DENTON UTILITIES \ (4 2 - 12 h '16 ti~l ~t r r Normalization is the process by which uncontrollable t variables such as weather are held constant, i.e. normal temperature. Then the controllable independent variable's such as growth are allowed to change in accordance with their projection. From this the dependent variable, utility demand, 1 is projected based upon predicted growth during normal years. Any variance from normal is not considered at this point. 2.4 RISK ANALYSIS 2.4.1 Discussion The demand for natural resources is increasing while their availability is becoming increasingly rare. Pure energy supplies, clean waters and remote locations for waste disposal are much more difficult to locate. Our concern for the environment continues to heighten. The equipment, manpower, technology and effort required to provide utility service increases annually. As a result, the cost of utility service is no longer cheap. For this reason we must seek to improve upon the methods used to plan for the future. The Utility Department has adopted the use of risk analysis. Utilities generally plan for two risks: an unusually high demand which exceeds the utilities ability to serve and an unusually low demand which does not generate revenue sufficient to cover basic expenses. C CITY OF DENTON UTILITIES 2 - 13 " Risk analysis is a fairly simple procedure. Projections a must first be made in accordance with a normalization procedure. The independent variables are then adjusted to reflect extreme conditions. These are taken from historical events. • ~x New projections are then made using the high and low extremes. Analysts can use these parameters to plan system improvements, and develop rate structures and contingency plans. I t 2"4.2 Electric Utility Degree day was one of the independent variables in determining the electric consumption. However, the risk 3y analysis based upon degree day extremes did not result in a significant difference in projected electric demand. This is speculated to occur because cooling degree days increased as J heating degree days decreased and vice versa. The annual demand per person tends to remain constant. For the electric < utility the risk appears to rest primarily with the ability to project the population. Since this cannot be quantified, then a true risk analysis cannot be performed. c4 The utility department will continue to gather data necessary to perform a risk analysis. such analysis will be CITY OF DENTON UTILITIES l A2 - 14 1 f t Included in future forecast as deemed appropriate. 2,4.3 Water Utility Seasonal rainfall from May through August is the independent variable used for risk analysis. It proved to show a significant difference when evaluated for extremes. Wet year demands are ten (10) percent leas than normal and dry year demands are thirteen (13) percent greater. VO 2.4,4 Wastewater Utility Unlike water, which is dependent mainly on population and the amount of rainfall, wastewater is much more complicated to analyze. Wastewater is dependent on population, rainfall, the condition of the collection system, and water use. Wastewater is also only metered at the wastewater treatment plant and point of entry to the collection system for large users, Attempts were made to normalize wastewater with respect A to rainfall. Poor correlation was found to exist between the two, This is probably due to the fact that different rainfall intensities provide for different amounts of inflow/ infiltration (I/I) for equal amounts of rainfall. In general, years with a high number of high intensity rain events tend to produce greater wastewater flows. For example, fiscal years 199U and 1991 had very close to the same amount of rainfall and the populations for these years were nearly equal. It would be expected that similar average daily flow would be c CITY OF DENTON UTILITIES - 2 - 15 t w . 1i s Y observed. On the contrary, the average daily flow was almost 1 MGD greater in 1990 than in 1991. The storm distribution and intensities are critical to the amount of I/I entering the collection system in a given year. The current wastewater risk model has been developed by comparing per capita use for 0 different rainfall intensities and distributions to derive the normal and wet conditions. 2.9.5 Solid Waste Utility The solid waste system is unlike the electric, water, and wastewater systems in that it is not affected by weather trends. The solid waste model is solely driven by population. CITY OF DENTON UTILITIES t 2 - 16 ,a . . SECTION 3 ELECTRIC UTILITY JANUARY 1992 CITY OF DENTON MUNICIPAL UTILITY DEPARTMENT DENTON,TEXAS r. a ~,1 F' is !k SECTION 3 ~r ELECTRIC UTILITY 3.1 INTRODUCTION j Given the current total environment a utility must operate within, an accurate and credible system demand and energy forecast is essential for two basic reasons, The first reason lies in the fact that a demand and energy forecast represents the necessary first step to sound I construction, operating and financial planning. The second reason for developing a sound demand and energy forecast ca~i be found within the framework of credibility requirements. j To an ever increasing extent, regulatory agencies, financial institutions, and various consumer or public interest groups are demanding to know not only what the utility's forecast of requirements is, but upon what considerations the utility bases such beliefs. Given the above considerations and their impact upon the long and short range planning requirements for the City, the Utilities Staff has undertaken to prepare a forecast of system demand and energy requirements through the year 2001. CITY OF DENTON UTILITIES - 3 - 1 C V w A l 3.2 METHODOLOGY Table 3.1 and Figure 3.1 show the rate class energy consumption comparison for residential, commercial and industrial, and miscellaneous. In developing this model, s data availability constraints played a major role. Maximum use was made of as many relevant historical statistics as w could be obtained within the time period available for model development. This model utilized the time series and e~ g regression analysis. The time series reveals past patterns of growth and change that often can be averaged or measured in such a way that a projection can be made. The regression analysis measures the nature and closeness of the movements of two or more sets of data and their rate of occurrence. The key variables are population, customer service's number of customers and energy consumption, time, and weather (yearly average cooling degree days). Cooling degree days account for the impact of weather variation upon air conditioning load. . 3.2.1 Residential CUSTOMERS Table 3.2 presents the historical and projected number of residential customers, The forecast of residential CITY OF DENTON UTILITIES 3 - 2 i i Ei i 'G TABLE 3.1 RATE CLASS ENERGY REQUIREMENT IN MEGAWATT-HOURS COMMERCIAL & RESIDENTIAL INDUSTRIAL MISCELLANEOUS YEAR ENERGY %INC ENERGY %INC ENERGY %INC I 9 1990 253,760 5.33 480,288 4.27 48,278 9.89 1991 281,732 3.14 487,634 1.60 50,268 4.11 1992 268,950 1.99 477,029 2.01 49,722 (1.07) 1993 274,088 2.67 484,409 1.55 54,277 9.16 1994 281,377 2.87 492,916 1.76 $5,358 1.99 1995 288,980 2.87 502,338 1.91 59,515 7.51 1996 298,583 2.67 512,798 2.08 67,324 13.12 1997 304,493 2.67 523,288 2.04 88,809 1.91 1998 312,612 2.67 533,757 2.00 73,383 6.96 1999 320,949 2.67 544,220 1.96 74,735 1.84 2000 329,507 2.87 554,703 1.93 78,090 1.81 2001 338,294 2.67 585,239 1.90 77,977 2.48 %INC IS THE PERCENT INCREASE CITY OF DENTON UTILITIES i` t 3-3 a 700 FIGURE 3.1 RATE CLASS ENERGY SALES (GIGAIIATT HOURS) 600 1 Ulu m 500 VI DO r%n DO DO C~ DQ DO 400 W ~ Cn~i 300 C/7 200 100 0 1990 1992 1994 1996 1998 2000 YEAR - RESIDENTIAL COMMERCIAL & INDUSTRIAL, MISCELLANEOUS Y. t TABLE 3.2 HISTORICAL & PROJECTED AVERAGE MONTHLY NUMBER OF CUSTOMERS CLASSES 1990 1991 1992 1993 1994 1995 RESIDENTIAL 23,640 23,664 23,929 24,138 24,512 26,014 COMMERCIAL 30090 208 31004 31009 3,014 31018 INDUSTRIAL f , 26 30 31 31 32 GOVERNMENT 109 177 181 186 188r 73 81 03 64 Be ST./HWY LIGHTS DUSK-DAWN LTS 27 53 54 55 66 57 TEMPORARY 74 01 62 63 65 TOTAL CUSTOMERS 26,956 26,904 77,337 271680 27,947 28,461 AVERAGE MONTHLY SALES(KWH)/CUSTOMER 0" 926 930 948 957 962 RESIDENTIAL COMM. A IND. 12,297 13,016 13,102 13,273 13,490 13,725 CLASSES 1996 1997 1998 1999^ 2000 2001 RESIDENTIAL 26,646 26,300 28,993 27,897 20,420 29,162 COMMERCIAL 31023 3,028 3,033 3,037 3,042 3,047 INDUSTRIAL 32 33 33 34 34 34 GOVERNMENT 190 193 196 197 199 200 ST.JHWY LIGHTS 68 90 91 93 96 97 61 62 63 64 DUSK-DAWN LT5 69 60 TEMPORARY 87 89 70 71 73 73 - TOTAL CUSTOMERS 29,104 29,779 30,476 31091 31,928 32,677 AVERAGE MONTHLY SALES(KWH)/CUSTOMER RESIDENTIAL 064 965 966 968 906 967 COMM. IND. 13,988 14,248 14,607 141760 16 ^-R 16,288 CITY OF DENTON UTILITIES - c 3 - 5 customers was derived from the forecast of City population by using the multi-linear regression analysis for the annual actual data of 1989-1991. The growth ratio will increase from 1,59% in 1992, to 2.61% in the year 2001. Residential customers are projected to total 29,162 in 2001 versus 23,554 customers in 1991. 9 ENERGY (MWH) Total residential electric energy requirements were developed using exponential regression trend for the 1988-1991 historical billing data. Table 3,3 depicts the projected system energy requirements in megawatt hours. The residential energy requirement will grow from 2.0% in 1992 to 2.66% in 2001. 3.2.2 commercial CUSTOMERS Commercial customers were forecasted using multi-linear regression on the annual data from 1985-1991, with time and cooling degree days as the independent variables, The commercial class is expected to increase from 3,004 in 1992 to 3,047 in the year 2001. ENERGY (MWH) The commercial sector represents a diverse group of customers which provide a wide variety of goods and services to the inhabitants of a particular area. The commercial CITY OF DENTCN UTILITIES s-c~ " F- J l TABLE 3.3 HISTORICAL & PROJECTED SYSTEM ENERGY REQUIREMENT ENERGY(MWH) 1990 1991 1992 1993 1994 1995 RESIDENTIAL 263,760 261,732 288,950 274,068 281,377 268,880 ' COMMERCIAL 248,906 242,190 248,144 250,600 254,780 2M,604 INDUSTRIAL 213,382 225,444 228,885 233,909 238,158 241,834 GOVERNMENT 42,184 42,663 43,012 47,468 48,435 52,473 ST./HWY LIGHTS 4,116 4,672 4,694 4,608 4,628 4,657 DUSK-DAWN LTS 11760 11816 1,685 10970 2,055 2,140 TEMPORARY 228 1,010 231 235 240 245 TOTAL SALES 762,304 779,628 793,701 612,754 829,651 660,733 LOSSES 51,345 40,661 43,257 44,295 45,216 46,365 TOTAL ENERGY 613,649 620,287 838,967 867,049 874,867 897,096 %LOSS 6.73 5.22 6.45 6.45 6.45 5.45 PEAK DEMAND(MW) LOAD FACTOR .4972 .5202 ,5002 .5017 .5019 .6020 SYSTEM PEAK 184 180 191 195 199 204 ENERGY(MWH) 1996 1997 1998 1999 2000 2001 RESIDENTIAL 296,683 304,493 312,612 320,949 329,507 338,294 COMMERCIAL 287,716 276,288 283,149 291,214 299,493 3071988 INDUSTRIAL 245,080 247,982 260,608 253,006 265,210 257,263 GOVERNMENT 60,156 81,313 65,956 87,177 u8,400 70,164 ST,/HWY LIGHTS 4,693 4,731 4,772 4,813 4,665 4,898 DUSK-DAWN LTS 21225 2,310 2,396 2,480 2,685 2,660 TEMPORARY 260 255 260 265 270 275 TOTAL SALES 878,703 898,370 919,762 939,904 960,300 981,510 LOSSES 47,780 48,862 50,126 61,225 52,336 63,492 TOTAL ENERGY 924,483 946,222 969,678 991,129 1,012,638 1,035,003 %LOSS 5.45 6.45 6.45 6.45 6.45 5.46 PEAK DEMAND(MW) LOAD FACTOR .6026 .5042 .6056 .6074 .5116 5137 SYSTEM PEAK 210 214 219 223 226 230 - CITY OF DENTON UTILITIES ` 3-7 5 13 t forecast was based upon the multi-linear regression relating the independent variables, such as the annual population, and the annual number of commercial customers for the period 1987-1991. The energy growth rate in 1992 is 2.45% and 2.83% in the year 2001. 3.2.3 Industrial CUSTOMERS Industrial customers were projected on the basis of exponential regression trend for the 1985-1991 historical billing data. The average number of monthly customers is projected to be 30 in 1992 and 34 in 2001. ENERGY (MWH) Energy consumption for the industrial sector was predicted on an annual basis using logarithmic trend for the historical data of the years 1988 through 1991. This class is projected to increase from 228,885 megawatt hours in 1992 to 257,253 in the year 2001. 3.2.4 Government CUSTOMERS Government customers were projected on the basis of an annual logarithmic trend for the period 1988-1991. The average number of monthly customers is projected to vary between 3.77 and 200 for the period 1992 through 2001. CITY OF DENTON LMUT1ES 3 - E3 1 ti 7 ENERGY (MWH) Linear regression was used to forecast government energy F nsumption utilizing the historical billing data for the 85-1991 period. The variation in growth rate projects an crease from 0.35% in 1992 to 2.56% in 2001. GOVERNMENT (MWH) Governmental energy use is expected to increase substantially in 1993, 1995, 19960 1998, and 2001 due to new facilities in the planning stage. These include the Moore Building, new utility building, water and wastewater plant expansions, and new water booster station. (See Table 3.4) 3.2.5 Miscellaneous ENERGY (MWH) In reference to Table 3.1, miscellaneous represents the sum of energy consumed by street/highway lights, dusk-to-dawn security lights, and temporary services. 3.2.5.1 Public Street / Highway Lights CUSTOMERS In Table 3.2, the number of customers for the period of 1992 through 2001 is computed using the ratio of energy requirement for the respective year. CITY OF DENTON UTILITIES 3 _ i. 1 i n y II{r1 it TABLE 3.4 PLANNED INCREASE IN YEARLY ENERGY CONSUMPTION (MEGAWATT HOURS) GOVERNMENT CUSTOMERS FACILITIES 1993 1995 1996 1996 2001 TOTAL. MOORE BUILDING 1,856 2,465 ~ 41321 NEW UTILITY BUILDING 11282 833 11816 PECAN CREEK PHASE 1 4,038 4,038 PECAN CREEK PHASE 11 4,643 4'643 RAY ROBERTS WATER PLANT 3,936 31936 HARTL.EE FIELD 1,701 BOOSTER STATION 11701 TOTAL CONSUMPTION 31557 4,038 7,683 4,643 533 20,454 C - CITY OF DENTON UTIL$TIES 3 - 10 4 r. f h 'i ENERGY (MWH) In Table 3.3 energy requirements for this category were projected by considering 0.576 megawatt hours growth for every ten residential customer increase. The multiplier 0.576 represents the product of the Bulb Wattage Factor 4 (0.048 MWH) by the number of annual bills (12). Fir example, the increase in residential customers between the years 1991 d and 1992 is 375. In 1991, the megawatt hours were 4572 and the corresponding consumption for 1992 i.s computed as: 4572 + (375/10) * 0.576 = 4594 megawatts hours The energy consumption of 1991 was used as a basis for projection of other years. The energy for public street and highway lights are expected to grow 0.48% in 1992 and 0.88% in 2001. 3.2.5.2 Dusk-to-Dawn Lights CUSTOMERS In Table 3.2 the number of customers for the period of , 1992 through 2001 is computed using the ratio of energy requirement for the respective year. ENERGY (MWH) In Table 3.3, the energy consumption for Dusk-to-Dawn was forecasted on an annual basis using the linear trend projection for the period 1985-1991. The 1.992 growth rate is 3.85% and 3.31% in 2001, C C. ti CITY OF DENTON UTILITIES 3 - 11 x Ki r.~ w i 3.2.5.3 Temporary CUSTOMERS In Table 3.21 the growth rate increase in number of customers is the same as the growth rate increase in total ,d energy retail sales. ba ENERGY (MWH) Based on the 1991 billing data, it was decided to apply i j the retail sales in megawatt hours growth rate to predict the ; I future consumption requirements of this rate class. The L; growth rate pattern in energy consumption for temporary s'- services is assumed as the system sales growth rate. The actual consumption for 1991 was abnormally high due to construction of the new high school. Rs 3.2.6 Losses The forecast of megawatt hours for losses is projected is to be 5.45$ of the total systs7m energy requirements. The 5.45% level was based upon the observed past values. This value is below the industry standard of 6% because of the electric system compactness, as well as the aggressive program in place for economic conductor replacement and transformer loss evaluations. 3.3 SYSTEM PEAK LOAD AND ENERGY The -effect of Denton's generation and distribution plans, and the operation of its existing and future capacity, MY OF DENTON UTILITIES C 3 - 12 F is of particular importance to the residents of the City. Since Denton is a participating entity of the Texas Municipal. Power Agency (TMPA), increased importance is placed not only on the evaluation of Denton's existing generation, but also the generation and transmission facilities owned and operated o by TMPA. Tables 3.3 and 3.5 presents historical and forecast 0601 total system energy requirements, annual system peak load, and annual system load factor, As can be seen from the tabulated statistics, the 1991 actual summer peak demand of 180 MW was lower than the 1991 forecast value of 187 MW by 3.88% primarily due to cooler than normal temperatures. The abnormal lower temperature entails higher annual system load factor. (See Table 3.3) The 1991 system peak occurred on August 9, 1991, at 4 P.M. Figure 3.2 shows the graphical representation of system energy for the historical period 1960-1991. The equivalent compounded rate for this period is 7.45%. At this growth rate, the total energy was 820,287 MWH by 1991, compared to the 1960 level of 81,300 MWH. In reference to Table 3.6, column 2 represents the historical and projected annual peak load. Column 3 represents the 15% spinning reserve as per the Electric Reliability Council of Texas (ERGOT) requirement. The spinning reserve criteria requires TMPA systems collectively be on line and ready to take load. The 15% reserve C requirement may be changed to 20% in the future due to the C, CITY OF DENTON UTIUTIE5 3 - ]3 f> L1 t i~ o~ TABLE 3.5 HISTORIC SYSTEM ENERGY AND PEAK LOAD REQUIREMENTS ENERGY PEAK LOAD YEAR MEGAWATT HOURS MEGAWATTS 1960 81,300 26 1961 86,000 27 1982 1000000 34 1963 120,000 38 IWO 1964 140,000 43 19,65 159,814 57 1986 179,490 59 1967 1941579 56 1988 222,405 62 1969 263,098 70 1970 306,874 81 1971 318,446 82 1972 375,403 91 1973 399,811 93 1974 402,933 102 1975 427,113 106 1976 437,409 106 1977 488,730 112 1978 474,600 1141 1979 460,481 110 1980 520,870 131 1981 528,910 133 1982 5311690 133 1983 643,678 140 1984 8150710 153 1985 888,889 162 1986 712,941 173 1987 730,320 169 1988 758,018 181 1989 766,710 176 1990 813,849 184 1991 820,287 180 C CITY OF DENTON UTILITIES - 9 - 1G r. 4 1000 FIGURE 3.2 HISTORIC SYSTEM ENERGY y 0 800 Goo 400 H H p toe 200 .........i 0 1960 1964 1968 1972 1976 1980 1984 1988 YEAR 1 TABLE 3.6 HISTORICAL & PROJECTED SYSTEM PEAK LOAD AND CAPACITY IN MEGAWATTS WITH 15% & 20% RESERVE FOR 1990-2001 WITH NO FIRM CONTRACT SALES PEAK RESERVE TOTAL DENTON SHARE + YEAR LOAD +15% +20% CAPACITY OF TMPA 1990 184 212 221 299 91 1991 180 207 218 267 89 1992 191 220 229 271 90 1993 195 224 234 270 89 1994 199 229 239 269 88 1995 204 235 245 288 07 1996 210 242 252 287 86 1997 214 246 257 266 85 1998 219 252 283 205 84 1999 223 256 28S 264 83 2000 226 260 271 263 82 2001 230 285 278 282 - 81 1 16% IS THE PRESENT REQUIREMENT OF ELECTRIC RELIABILITY COUNCIL OF TEXAS (ERCOT), THE 15% MAY BE CHANGED TO 20% IN THE FUTURE DUE TO NUCLEAR GENERATION 2 THREE MEGAWATTS ARE ADDED TO MAXIMUM SHARE IN 1992 DUE TO RAY ROBERTS 0 MW) AND LEWISVILLE (2 MW) HYDROELECTRIC PROJECTS ACITY OF DENTON UTILITIES 3 - 1G k r: C J larger unit size of nuclear generators as shown in Column 4. Column 5 lists Denton's share of TMPA which is 21.90% of peak load (405 MW) for the year 1991, and is expected to decrease to 20.00% by 2001 due to Denton's lower than average load growth within TMPA members. a The total capacity in Column 5 represents the sum of Denton's share value of TMPA and the Spencer Plant's total installed steam-gas capacity (176 MW), diesel generators (2 *'y MW) and hydroelectric capacities (3 MW) for a total of 191 MW. The breakdown of the Spencer Plant's installed capacities is as follows: Unit 01 is 13 MW, Unit $2 is 13 MW, Unit 43 is 27 MW, Unit 04 is 60 MW, and Unit N5 is 63 MW. The percent share from TMPA is expected to decrease due to continued implementation of load management programs. A total of two megawatts was added to the maximum capacity in 1989 due to black-out starting capabilities of the diesel generators at the power plant. In addition, the city will increase the maximum capacity by 3 MW in 1992 due to Ray Roberts (1 MW) and Lewisville (2 MW) hydroelectric projects. Denton anticipates new generation additions in the year 2000 for the 15% reserve, and 1998 for the 20% reserve to meet its projected load requirements with no firm contract sales. (see figure 3.3). Denton, as an entity of TMPA, will participate in the firm contract sales of its percentage of excess capacity (off system sales) to Farmersville (5 MW), C CITY OF DENTON UTILITIES 3 - 17 y 400 FIGURE 3.3 HISTORICAL AND PROJECTED DENTON'S SYSTEM PEAK 28li RRSBRVIS HYDRO TOTAL CAPACITY 300 ...........(3, YT) . [~J w~ ' 200 00 t C/o PEAK 15 : DENTON'S RNSIRVE INSTALLED CAPACITY 100 DENTON'S SHARE OF TYPA 0 1990 1991 1992 1993 1994 1996 1996 1997 1998 1999 2000 2001 YEAR r t Bowie (14 MW), College Station (100 MW), and Bridgeport (8 MW). In reference to Table 3.7, Column 2 represents the system peak values from Table 3.6, plus the percentage of off system sales peak value. The percentage of off system sales values are escalated by 2.46% as Denton's average peak rate increase. The off system sales for 1992 is assumed to be 15.34%, and shall decrease in the same ratio as TMPA's percent share. (Refer to Column 6), This will cause Denton to be capacity deficient by _-he year 1994 for the 20% reserve, and by the year 1996 for the 15% reserve as shown in Figure 3.4 and Table 3.7, Denton will have to make the choice whether to participate in the next TMPA generation unit; construct its own generation; participate with another utility; or purchase firm power. Figure 3.5 shows the comparison between the load forecast, which was done by Gilbert Commonwealth in 1979 and the City of Denton's Electric Utilities 1990, 1991, and 1992 load forecasts. Table 3.8 compares forecasts by Gilbert Commonwealth and the City of Denton which concludes that the economic and electric system growth potential for the City of Denton during the period 1980 through 1990 is strong. This conclusion derives in large measure from the fast growth that the city, by virtue of its strategic location within the Dallas-Fort Worth Metroplex and its proximity to the Dallas- MY OF DENTON UTILITIES i 3 19 a TABLE 3.7 7E?!TAL & PROJECTED SYSTEM PEAK LOAD AND CAPACITY IN MEGAWATTS WITH 15% & 20% RESERVE FOR 1990.2001 WITH FIRM CONTRACT SALES PEAK RESERVE OFF - TOTAL CAPACITY DE OFOTMPA SHARE SSA EM + YEAR LOAD +1596 +20% 1990 184 212 221 269 91 N/A 1991 161 208 217 267 89 1 1992 21'1 242 263 271 90 20 1993 214 246 266 270 89 19 1994 216 260 261 269 Be i9 1995 223 268 287 288 87 19 1996 228 263 274 267 86 18 1997 232 287 279 286 B5 18 1998 237 273 286 266 84 18 1999 241 278 290 264 83 18 2000 244 281 293 283 82 18 2001 248 286 298 282 81 18 1, 16% IS THE PRESENT REOUTAEMENT OF ELECTRIC RELIABILITY COUNCIL OF TEXAS (ERGOT), THE 16% MAY BE CHANGED TO 20% IN THE FUTURE DUE TO NUCLEAR GENERATION Z THREE MEGAWATTS ARE ADDED TO MAXIMUM SHARE IN 1992 DUE TO RAY ROBERTS (1 MW) AND LEWISVILLE (2 MW) HYDROELECTRIC PROJECTS 3. FIRM CONTRACT SALES ARE ADDED TO PEAK LOAD IN 1991/92 AND ESCALATED At 2,48% AS SYSTEM PEAK, WHERE OFF SYSTEM SALES ARE ESCALATED AS TMPA C SHARE RATIO, i CITY OF DENTON UTILITIES 3 - 20 v. 350 FIGURE 3.4 HISTORICAL & PROJECTED DENTON'S SYSTEM 20% 15% PEAK PLUS FIRM CONTRACT SALES RESERVE RESERVE: 300 HYDRO (3 mw mom 250 N~ 200 PEAK DENTON'S r H INSTALLED CAPACITY CONTRACT SALES; (20 MW) 150 DENTON'S„ SHARE OF TMPA 100 50 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 YEAR A e i zoo FIGURE 3 , 5 ` SYSTEM PEAK FORECAST COMPARISON DEMON 1992 220 GlIXERT COMMONWEALTH 200 ................i........ b DENTON 1991 w 180 „t DEMON 1990 ~ 180 ~ . . . . . . . . DENTON ACTUAL 120 100 1980 1985 1990 1995 2000 YEAR t` 5 TABLE 3,8 SYSTEM PEAK FORECAST COMPARISON IN MEGAWATTS 1979 GILBERT DENTON YEAR COMMONWEALTH 1990 1991 1992 ACTUAL 1980 119 131 p 1981 128 133 133 1982 140 ~1963 152 140 NIA NIA NIA 153 1984 184 1985 177 163 I 1988 185 174 1987 192 170 1988 199 161 1989 207 176 1990 214 181 184 199i 184 187 180 is 1992 188 189 191 1993 192 191 195 1994 196 194 199 1995 201 199 204 NIA 1998 NIA 205 204 210 1997 209 209 214 1998 213 213 219 1999 218 218 223 2000 222 223 226 2001 N/A NIA 230 1. 1979 LOAD FORECAST WAS DONE BY GILBERT COMMONWEALTH INC. FOR 1980.1990 2. 1990, 1991, AND 1992 LOAD FORECASTS WERE DONE BY THE CITY OF DENTON ELECTRIC DEPARTMENT CITY OF DENTON UTILITIES C 3-2S C r k y1 ~Y X I: Fort Worth International Airport, may experience continued ' growth in the commercial and industrial base. Correspondingly, increased employment opportunities resulting from an expanding economic base will lead to continued growth in the residential sector. Gilbert had estimated that the annual system peak loads are forecasted to grow at a " compounded annual rate of 6.3 percent, compared to the City's compounded growth rate of 2.46% in the 1992 forecast. ddb 3.4 SUBSTATIONS LOADING The distribution system rates high in economic importance, and represents an investment that makes careful engineering, planning, design, construction, and operation most worthwhile. A more detailed look also shows that the optimum economic combination depends on a large number of factors, including such important ones as load density, area covered, total load to be served and rate of load growth. The primary purpose of power delivery planning is to determine an orderly expansion of the present system. in order to meet future demands and to forecast budget needs for financial planning. At the distribution level, the load density is not the same for all load areas. A substation serving a high load density area must have a smaller service area than a substation serving a lower density area. If the service areas load is not as projected, the substations may be sized too big or too small. The former involves financial difficulties, but the latter can be expensive to correct if CITY OF DENTON UTILITIES c 3-24 v 1 Fse tation runs out of capacity, Distribution s are designed to provide reliable, but economical der normal and abnormal cond itions. in reference 3.4, each substation is assigned a firm capacity rating and an emergency rating using industry guidelines. The design criteria requires corrective action be taken if any single element is lost (single contingency). For example, if in a duplexed station one of the transformers carrying 24 megawatts load fails under normal load conditions, the adjacent transformer in the station yard can carry its load plus approximately one-third of the failed transformer load (20 + 7.33 = 27.33 MW) and the rest of the load (14.66 MW) will be carried by the nearby substations via main distribution feeder lines which also have normal and maximum loading capabilities. Table 3.9 shows two sets of numbers in the form of A/B. The letter "A" represents the substation projected normal load, and letter "B" is the projected load during system , summer peak. Under columns 2, 3, 4, and 6, the sets of numbers A/B are not equal due to the fact that the hourly electric load values at these substations during normal loads do not occur at the same time as the summer peak values. The short range substation plan requires the need to build a new substation at the ARCO site in order to overcome the overloaded substation at Kingsrow (35 MW) where normal load is 32 MW. The impact of an overloaded substation leads to poor voltage and poor quality .)f service. C C CITY OF DENTON UTILITIES 4 3 - z5 k .~YVSn i, TABLE 3.9 SUBSTATIONS HISTORICAL PROJECTED DEMAND (MW) NORTH DENTON SYSTEM YEAR SPENCER KINGSROWHICKORY LOCUST LAKES AIRPORT POCKRUS ARCO NORTH PEAK 1991 47146 35134 33128 27124 28118 16113 20117 010 010 180 191 1942 43143 31128 33128 27127 28123 17117 20118 V N 010 1993 43142 30127 31127 28128 29124 18118 21121 818 010 195 c1 010 199 1994 43141 30127 31127 29129 30125 19119 22122 919 0 1995 43141 30127 32126 29129 30126 21121 24124 10110 010 204 N 32126 29129 30!27 23123 D 25125 11111 010 210 a z 1998 44142 30127 1997 44142 31128 32126 29129 30127 24124 26126 12112 010 214 1998 44142 31126 32127 28128 32127 25125 27127 13113 010 219 28128 33130 20126 28128 14114 010 223 1999 44142 31128 32127 27127 29129 16116 818 N 226 2000 44142 30127 31125 28!28 29125 2001 44142 30127 31125 28126 29125 27127 30130 16116 10110 230 NORMAL 44 32 32 32 36 20 40 20 20 276 LOADING MAXIMUM 61.6 44.8 44.8 44.8 50.4 26 56 28 28 386.4 LOADING SUBSTATION LOAD/SUBSTATION LOAD DURING SUMMER PEAK D=DUPLE( N=NEW LOADS ASSUMED ®0.9! POWER FACTOR H C l` r b i Y. i r:1sr-'x1 y 3.5 SUMMARY OF RESULTS The total system energy requirements and annual system peak load are forecasted to grow at an equivalent compound annual rate of approximately 2.34% and 2.46% respectfully. At this predicted growth rate, the total system energy will ' total 1,035,003 megawatt hours by 2001, compared to the current 1991 level of 820,287 MWH. The annual peak load by 2001 is expected to reach 230 megawatts, which represents an increase of 50 megawatts above the current 1991 level of 180 MW. The total commercial and industrial requirements are forecast to grow at an equivalent compounded rate of 1.83% during the period 1991-2001. Total residential sales are forecast to grow at a compounded annual rate of 2.58%. The Miscellaneous Sales which include government, street and highway lighting, dusk-to-dawn lighting, and temporary services are predicted to grow at a compounded rate of 4.47%. A Considering the oci system sales, Denton needs additional capacity by the year 1996 for the 15% spinning reserve, and by the year 1994 for the 20% reserve. Table 3.10 summarizes the forecast of electric demand and energy requirements. ~e CITY OF DENTON UTILITIES 3 - 27 rvecra:#, y SC MI 11 7 ~I TABLE 3.10 SUMMARY OF FORECAST RESULTS ACTUAL PREDICTED GROWTH RATE % ENERGY (MWH) 1991 2001 1991-2001 RESIDENTIAL 201,732 338,294 2.68 E COMMERCIAL/INDUSTRIAL 467,034 885,239 183 MISCELLANEOUS 60,200 77,977 4.47 TOTAL ENERGY 778,626 `681,610 2.32 Y LOSSES 4001 63,402 277 TOTAL SYSTEM ENERGY 820,287 'x,035,003 2.34 PEAK DEMAND (MW) ANNUAL SYSTEM LOAD FACTOR, % .5202 .6137 ANNUAL SYSTEM PEAK LOAD 100 230 2,46 CITY OF DENTON UTILITIES 3 - 28 w _ 1 SECTION 4 WATER UTILITY 4 JANUARY 1992 CITY OF DENTON MUNICIPAL UTILITY DEPARTMENT DENTON, TWS T . I i u, i v E TION 4 WATER UTILITY 4.1 INTRODUCTION The City of Denton currently supplies water to most of its citizens, a few persons outside the City limits, to Corinth and to Lake Cities Municipal Utilities Authority (LCMUA), Some persons within the City limits are served by private wells. The water contract with LCMUA will end when they obtain another source of water supply or in 1996, whichever occurs first. The City of Corinth also has a contract with Denton which ends in 2006, It is anticipated that both LCMUA and Corinth will obtain service through the UTRWD. y Denton desires to make service available to all citizens, Residents served by wells are usually located in areas of very , low density or where newly annexed. Extending to these areas is very expensive and requires a substantial amount of time to develop. Land development is most often the mechanism by which the distribution system Is expanded into these areas. The number of customers by general rate classification is shown in Table 4.1. The normal annual demand by general rate classification is shown in Table 4.2. Table 4.2 shows the CITY OF DENTON UTILITIES t 4 - t t I x 's 3 total sales volume for Denton is less in 1992 than in 1991 even though 1991 was a wet year. Table 4,2 is derived from the average annual water production data with an average percentage of loss built in. The average annual loss between o production and sales is about ten percent, The loss in 1991 however, was only about seven percent, The average production in 1991 and 1992 is expected to be about the same, but the loss for 1992 is calculated 3 percent higher than the actual loss in 1991. Therefore, the projected sales volume in 1992 is less than in 1991. It should be noted when reviewing Tables 4.1 and 4,2 that most apartment complexes are metered by just one meter and are categorized in the commercial rate class even though their use resembles a residential unit. Figure 4.1 shows the risk, analysis for the annual water demand. Figure 4,2 shows historical forecast trends for annual treated water use for A the past five years. Like the population trends the treated annual water use forecast trends have decreased steadily since 1985. The average annual production for Denton, Corinth and LCMUA are presented in Table 4.3. The historical and projected total production by month is presented in Table 4.4. CITY OF DENTON UTILITIES 4 - 2 C 9 S~ Y T y ~1I TABLE 4.1 CITY OF DENTON NUMBER OF WATER CUSTOMERS FISCAL YEAR RESIDENTIAL COMMERCIAL GOVERNMENTAL TOTAL - HISTORICAL - a 198.1 12,031 1,943 53 14,009 19x4 12,755 2040 53 14,948 1985 13,604 2,827 53 18,682 1966 13,768 2,399 54 16,219 1987 13,619 2,401 95 16,115 1988 14,988 2,442 105 17,633 1989 14,407 21355 117 16,879 1990 14,250 24265 127 18,632 1991 13,873 2,118 115 16,106 -PROJECTED- 1992 13,946 2,129 116 16,191 1993 14,067 21149 118 18,332 1994 14,286 21182 118 16,585 1996 14,580 2,228 121 16,927 + 1996 14,948 21282 124 17,562 1997 15,357 2,345 127 17,829 1998 15,732 2,402 130 18,264 1999 18,142 2,484 134 18,740 2000 16,584 2,529 137 19,230 CITY OF DENTON UTILITIES 4 - 9 t P, F . i TABLE 4.2 CITY OF DENTON WATER CONSUMPTION BY GENERAL RATE CLASS D RATE CLASS CONSUMPTION (MGD) FISCAL YEAR RESIDENTIAL COMMERCIAL GOVERNMENTAL TOTAL J voo • HISTORICAL - 1983 3.52 3.70 0.01 7.22 1964 4.17 3.91 0.02 8.10 1985 4.18 4.15 0.11 6.44 1988 4.38 4.85 0.24 9.47 1987 4.57 6.61 0.10 10.24 1988 4.70 6.87 0.25 10.82 1989 3.91 5.00 0119 9.10 1990 4.17 6.49 0.28 9.94 1991 4.11 6.69 0.29 '1.99 -PROJECTED- 1992 4.00 5.55 0.29 9.92 1993 4.12 5.50 0.29 10.01 1994 4.10 5.68 0.30 10,16 1996 4.27 5.80 0.30 10.37 1996 4.37 5.95 0.31 10.03 1997 4.48 6.09 0.32 10.80 1998 4.42 6.27 0.33 11.22 1999 4.72 6.42 0.33 11.47 2000 4.64 6.58 0.34 11.76 NOTE; CC'NSUMPTION IS THAT AMOUNT OF WATER ACTISALL`P USED BY THE CUSTOMER AS DETERMINED BY CUSTOMER METER READINGS. IT DOES NOT INCLUDE UNACCOUNTED FOR OR NON-BILLED USES SUCH AS LEAKS, FIREFIGHTING, ETC C CITY OF DENTON UTILITIES 4 - 4 r n a 30 AVERAGE ANNUAL PRODUCTION (MGD) + NOTBi SEASONAL RAINFALL FOR THE FISCAL NORMALIZED RAINFAL~I (inched MONTHS OF MAY THROUGH 28 ACT_U Dkolul G SEASONAL ANNUAL . • , i AUGUST : . HISTOItICA 1960 9.33 8.00 . 17 9.20 6.00 26.54 77 ' 17.46 36.35 1981 6.82 6.29 7.43 9.133 26 1982 6.66 6.56 7.69 9.86 29.42 65.04 1964 8,54 8.56 7.94 10.19 10.42 23.46 ` 9,15 8.20 14,52 8.70 32.14 1963 10 .02 9.38 8.41 10.79 51.15 39.20 1985 9.64 15.69 45.79 , 24 1986 9.72 9.96 8.93 11.46 1987 9,71 10.37 9129 11.93 17.20 36.56 'ID 1986 11.22 10.77 9.65 12.36 9.48 3568 :DROUGHT Y 1969 10.11 10.95 9.61 13.59 16.99 37..78 p 22 1990 1129 11103 9.89 12.69 15.66 37.19 1 1991 10.80 1107 9.92 12673 O - PROJECTED Z 20 1992 11.12 9.97 12.79 1995 2000 N/A 11.63 10.42 13.37 13.21 21 11.64 113.94 2005 15.03 13.47 17.7.6 j . i 18 2010 1749 15.32 19.66 2015 ~ 19.45 17.42 33.3b NORMAL YEAR O 2020 22.13 19.62 25.44 13.28" OF RAINF 18 j.. 14 11E'T, YisAR 19.15" OF RAINFALL' 12 10 g j FIGURE 4.1 • CITY OF DENTON ONLY • HISTORICAL AND PROJECTED 8 AVERAGE ANNUAL WATER PRODUCTION 1980 1985 1990 1996 2000 2006 2010 2016 2020 YEAR Y, i 38 38 " FORECAST FORBCA3T FORECAST FOF.ECAST FORBGA8T 34 ....4.... „ 32 ;......i..,., j. 30 28 ' Z 28 24 .,...i...... j. ' 0 22 j,.... , VI 20 ..t, b , 1g d 18 14 12 .r... ...j,.. IY~ I FIGURE 4 2 T„ • 10 0.+ DENT ON AND CUSTOMER CITIES g WATER PROD(MON • ! • NATSR PROVUCTtON FORECAST COMPARISON 8 1980 1982 1984 1988 1988 1990 1992 1994 1998 1998 2000 2002 2004 2008 2008 2010 2012 2014 2018 2018 2020 YEAR t w e fi t r TABLE 4.3 CITY OF DENTON ANNUAL FINISHED WATER PRODUCTION FISCAL DENTON CORINTH LCMUA YEAR (Map) TOTAL t (MOD)_ (MOD) (MQp) - HISTORICAL - 1980 9.33 0.14 O.oo 9.47 Aolf 1981 8.62 0.15 0.00 8.97 1982 6.66 0115 0.00 1983 8.54 9 a.t9 o.ao 9.73 73 1994 10.02 0.24 0.00 1986 10.40 9.64 0.28 0100 9.92 1988 9.72 0193 1987 0.00 10.06 9.71 0.44 0.49 10.87 1988 11.22 0.58 1959 o12e 12.07 10,11 0.63 0.34 10.98 1990 11.29 0'53 0.39 12.21 1991 10.60 0.82 0.42 11.75 -PROJECTED- 1992 11.12 0.55 0.48 1993 11.22 12.14 0.68 0.48 12.27 1994 11.39 0.80 0.60 1996 11.83 12.50 0184 0.61 12.78 2000 13.21 0.81 0.60 14,82 2005 16.03 0194 0.87 18.83 2010 17.09 1.07 0.73 18190 2016 19.46 1.19 ~R 0.81 21.46 2020 22,13 1.27 0188 23170 6 YEAR INCREMENT C, CITY OF DENTON UTILITIES 4 - 7 x I. l TABLE 4.4, CITY OF DENTON MONTHLY WATER PRODUCTION FY 1991 FY 1992 FY 1993 HISTORICAL PROJECTED PROJECTED MONTH (GALS*1000) (GALS*1000) (OALS*1000) OCTOBER 399,667 372143 ~ 373,126 399,657 372,143 373,126 NOVEMBER 325,841 302,060 + 302,868 725,298 674,203 675,984 DECEMBER 314,959 204,826 296,805 tj,/ 1,045,257 969,029 971,389 JANUARY 289,248 289 204 ~ 289,988 1,329,503 1,258,233 1,24117 FEBRUARY 281,347 269,226 269,910 4590, 850 1,517,458 1,521,467 MARCH 309,868 288,891 289,454 11900,508 1,806,149 1,810,920 APRIL 327,327 321,644 322,494 2,227,835 Z127,793 2,133, 414 MAY 321,288 343,934 344,842 Z549,101 ~ 471, 727 JUNE 384,967 X478,555 393,370 394,409 2,934,058 2,865,097 2,872,664 JULY 577,559 648,88$ 660,138 3,511,617 3,413,785 3,442,802 AUGUST 434,659 674,851 578,370 3,946,176 3,988,636 3,999,172 SEPTEMBER 340,800 478,519 477,779 4,286,976 4,465,155 4,476,949 IZALIC'S = MON771LYWAIMULAT (V TOTALS PROJECTED MONTHLY PRODUCTION IS BASED ON PREVIOUS 10 YEAR AVERAGE CITY OF DENTON UTILITIES 4-8 C x ~i i` fi The water utility system consists of three basic componentsi - Water Supply - Water Treatment 0 - Water Distribution The design criteria for each differs depending upon their most critical element of demand. These elements are related Aw✓ to each other by means of multipliers or ratios. One common error made by water utilities is the assumption that the amount, of water required for each component of the system is the same. This is not so. Water is either consumed, lost or wasted throughout the system. Some leaks exist in the transmission system between the supply and the treatment plant. Water is used at the plant for cleaning filters and is wasted when sedimentation basins are drained for cleaning. Leaks and main breaks are the source of losses as well as unmetered uses such as firs fighting. These differences are considered in the projected water requirements for each portion of the system. 4.2 WATER SUPPLY The untreated water supply is often referred to as raw water. The source is either surface water (lakes and rivers) or ground water (wells). Denton has both. - CITY OF DENTON UTILITIES 4 -9 'R Lake Lewisville has served as Denton's primary sourca of water since 1957. Denton owns the right to 4.82 percent of Lake Lewisville's 90.2 MGD dependable yield, which gives Denton rights to 4.34 MGD plus Denton's share of the treated wastewater effluent credits. Denton owns the rights to 26 percent of the incremental dependable yield of Lake Ray Roberts. The total incremental dependable yield is 76 MGD. This provides Denton with rights to 19.8 MGD plus treated wastewater effluent credits from Gainesville. Denton has purchased a portion of their supply from Dallas. This amount was reduced in 1989 to 0.5 MGD for "readiness to serve" requirements when Lake Ray Roberts retained sufficient water to provide all of Denton's requirements. Denton is pursuing additional water supply from the Cooper Reservoir in East Texas. If obtained, full supply A will be available for only fifty years. Denton utilizes its well system as a contingency supply in the event of an unusual shortage such as a severe drought. The Texas Water Commission has informally identified the aquifer in this area as a critical ground water supply. The ground water level is falling and the supply is sibject to contamination from surface sources. This is due to a large number of wells withdrawing from the supply and abandoned wells improperly - CITY OF DENTON UTILITIES \ 4 -l0 { d 4. l~ a i t ' closed which provide a point of entry for surface contaminants, Water supply requirements are determined by the average day demand in terms of million gallons per day. The water r supply requirements for Denton, Corinth and LCMUA are presented in Table 4.5 The available water supply is compared to water supply requirements for Denton only in Figure 4.4, and to the water supply requirements for Denton and its current obligations in Figure 4.3. Denton's current water supply should suffice until after the year 2016. Denton can postpone planning for future water supply sources until the year 2000. This will provide a 16 year lead time to analyze, locate, obtain, design and construct a new supply facility. After this 16 year lead time, Denton could relinquish this responsibility to the A UTRWD. Denton would need to utilize the Dallas contract for water supply until a new facility is in service. Denton should be open to any opportunity to participate in the development of future water supply sources. The projection of water supply requirements is very long term. Denton has demonstrated the potential for rapid growth. The area is already well developed and Denton must compete with several growing cities. Environmental concerns and property \ i CITY OF DENTON UTILITIES 4 11 r. -,a r TABLE 4.5 DENTON, CORINTH, & LCMUA ANNUAL RAW WATER REQUIREMENTS FISCAL DEMAND (MILLION GALLONS PER DAY) YEAR DENTON CORINTH LCMUA TOTAL ESTIMATED ESTIMATED ESTIMATED ACTUAL 1980 9.21 0.14 9.38 1981 7.01 0,16 1982 6.86 olls 7.18 7.01 1983 &BB 0.19 N/A 9105 1984 10.08 0.25 10.33 1995 9.87 0.28 10.18 1988 9,94 0.33 10,28 1987 10.17 0,45 0,50 11.13 1988 11.67 0.60 0.27 12.53 1989 10.31 0,54 0,35 11,20 1990 11.59 0.55 0.40 12.54 1991 it.i7 0.54 0.43 12.15 FISCAL -PROJECTED- YEAR DENTON CORINTH LCMUA TOTAL NORMAL DROUGHT NORMAL DROUGHT NORMAL DROUGHT NORMAL DROUGHT 1992 11.47 13.19 0.57 0.64 0,47 0.54 12,51 14.37 1993 11,57 13.30 0.58 0,66 0.50 0.56 12,84 14,52 1994 11.75 13.51 0.82 0.70 0.82 0.58 12,88 14.79 a 1995 11.99 13.78 0.68 0,75 0.53 0.59 13,17 15.13 2000 13.62 15.68 0. PA 0,84 0.62 0,70 16,07 17.31 • 2005 16.49 17,82 0.97 1,09 0.89 0.78 17,14 19.68 2010 17.62 20,26 1.01 1.11 0,76 01% 19.49 22.37 2015 20.04 23.05 1,23 1.23 0,84 0.94 22,11 25,38 2020 22.60 28,22 1.33 1,33 0.92 1.04 25.05 28.77 4 = 5 YEAR INCREMENTS CITY OF DENTON UTILITIES i 4 - 12 sf FIGURE 4.3 ; NOTE: SEASONAL RAINFALL IS THE ADDITIONAL HATER sUppLY 32 HATER SUPPLY REQUIREMENTS CUMULATIVE RAINFALL F ~ NEEDED BY 2019 FOR DENTON AND CUSTOMER CITIES " "Q"'X""'""' ' THROUGH AUGUST 30 • HISTORICAL RAW •HATER....... REQUIREMENTS ; POSSiBi E.. Pl1RCHASf~ 29 ...i..... .....i......r..... FROM DALLAS 26 ~n TER SUPPLY 24 Z 22 ~ i..... ' rn 20 ;....,.,.......j....,.{......;.. r 19 DROUGHT REQUIREMENTS ..i...... ' : . , • . 19-15" ; . • , . ; ~,r SEASONAL V1 16 " RAINFALL ' , OF THE INCRBMBNTAIi „ b I ; . • mom m rlm now . 14 : , LAKE RAY ROBERTS: NORMAL 12 .1REQUIRBNENTS I . rI . • . • . . • • \ • I • 1 . . • . 13. ; y~ 0.5 MGD 10 . RAIITFALL o ; READINESS 8 TO SERVE PURCHASE .v ; • PROM DALIAS 6 4 {.84 IiCB 4r8t64Ai OF•Trl~..~. DBPENDABLB YIELD FROM WON 4 VAWWW 2 ; • LAIC d1E1<ISVI M............ : EFFLUENT CREDITS 0 1960 1982 1984 1986 1988 1990 1992 1994 1996 1999 2000 2002 2004 2006 2006 2010 2012 2014 2016 2018 2020 YEAR A` C 1 r ~ i 34 FIGURE 4,4 :......;......;.....4.....;.... !PATER SUPPLY REQUIItEItENTS : NOTE: SEASONAL RAINFALL IS THB : 82 , ; , , , , CUMULATIVE RAINFALL OF MAY FOR THE CITY OF DENTON ONLY THROUGR AUGUST.''"'"'....... 30 HISTORICAL PAW WATER RBQunu4 BNT 28 ADDITIONAL HATER SUPPLY 28 ; . ; . ; . NpDtD BY 2020 24 ' ATEIt SUPPLY . . 22......................................1 z 20 DROUGHT . `zi 16 REQUIREMENTS ; 9. i 6 MOD 26E OF THE C) 119.15" SEASONAL ~ : ~I1V:1CI't1PIM1TAL PROTECT YJE1.D d 14 f RATNFALI,..... . , .Q ; RAY.AQ hh : NORMAL 12 ; E. :REQUIREMENTS. ; : 3 y 13'28° SEASONAL; ~I 0.5 mGD 10 WAX , READINESS PUR CI PURSERVE CHASE v ; :'FROM DALE AS" g II 4 4.34 MGD 4.816 OF TAE............ ,.......i......s.....~......;..... DEPENDABLE YIELD FROM DIMON + GAINESV= 2 LAKE LE1/I3YIIZE . ' , t ; ~BFLUBI, . N'!'..CRB , 0 1980 1982 1984 1986 1988 1990 1992 1994 1996 1998 2000 2002 2004 2006 2008 2010 2012 2014 2016 2018 2020 YEAR .i i I rights will further complicate an already difficult process, Though current]-( projected over a long term, this is one area where Denton must either decida to control their own future or to subject themselves to the mercy of other cities. . 4.3 WATER TREATMENT PLANT Denton has one existing water treatment plant. Although it has not officially been named, It is often referred to as the Spencer Water Treatment Plant. The plant was expanded to 30 MGD in 1989. A pump replacement project is complete which increases the raw water pump station capacity to 32 MGD, The interior of the two raw water transmission mains have been encrusted with deposits from Lake Lewisville. The deposits act as a flow restriction and thus reduce the capacity of the line. The utility plans to clean these lines to restore their capacity to 34 MGD. The Spencer Plant is rated at 30 MGD capacity, The flow rate has been observed under peak hour conditions to be around 26 MGD. At this flow rate the pressures have been In the 120 psi range, In order to operate the plant at :5) MGD at proper operating pressures, Improvements must be constructed to the transmission and distribution system, CITY OF DENTON UTILITIES 4 - 15 t Yi k h,y Water treatment plant facilities are oized to meet the peak day requirements. The peak day is the average flow for one day of the year that has the highest demand, This day generally occurs during the month of August. Drought years generate a demand which is about thirteen (13) percent greater than normal. rainfall years. The normal peak day demand for Denton is approximately 2.02 times the average day demand for normal years (normal average day X 2.02 = normal peak day). However, the extreme peak day demand for Denton is approximately 2.18 times the normal average day demand for normal years (normal average day X 2.18 = drought peak day). The greatest peak day does not have to fall in a dry or drought year. Short periods of extreme weather can produce a higher peak than long semi-dry periods. The peak day for LCMUA supplied by Denton is only slightly higher than their average daily demand. LCMUA has a well system that they use for their peaks therefore minimizing their draw from Denton. The peak day demands for Corinth can be as high as 2,35 times there average day demand. It is anticipated that in 1993 this demand will begin to drop due to Corinth's construction of a new well. They plan to use the well in much the same way as LCMUA to reduce their peak draw from Denton. The customer cities have flow controllers which limit the amount of water which can be drawn from Denton. The requested settings on these flow controllers are used to CITY OF DENTON UTILITIES 4 - 16 1 ; ~a establish the peak day requirements for these cities. Table 4.6 provides the peak day treated requirements for Denton, Corinth and LCMUA. Figure 4.5 provides a comparison of peak day normal and drought year requirements vs. water treatment 9 plant facility capacities for Denton only. Figure 4.6 shows the same comparison of peak day normal and drought year requirements vs, water treatment plant facility capacities for Denton and Its present customer cities. Denton is projected to need additional capacity by 1999 under its current service obligations. The additional capacity will be provided by a new water treatment plant at Lake Ray Roberts. A site has been acquired, a preliminary engineering report has been completed, and the detailed design is nearing completion. Design for the booster pump station has been completed. The initial plant will have a capacity of 10 MGD. This should serve Denton's needs until about 2015. The plant will be designed to accommodate incremental expansions of 10 MGD. More than one 10 MGD expansion or treatment train can be constructed at one time, CITY OF DENTON UTILITIES 4 - 17 TABLE 4.6 r DENTON, CORINTH, & LCMUA PEAK DAY WATER REQUIREMENTS FISCAL DEMAND (MILLION GALLONS PER DAY) YEAR DENTON CORINTH LCMUA TOTAL ESTIMATED ESTIMATED ESTIMATED ACTUAL, 1980 16.72 0.38 t 1981 14.85 I 17.07 0'35 ! 16.20 1982 14.68 0.35 1983 16,92 0.48 NSA 14.93 1964 19.88 17,37 1985 0.85 ~ 20,41 19.48 0.88 20.13 1988 21.47 1.00 0,50 22,77 1987 22,11 1,00 0.80 23.81 1988 21.42 1,28 0,60 23.17 1989 18,97 1,26 0.60 20.72 1990 20.72 1.25 O.1t0 22.47 1991 21.72 1,28 0,64 23.47 FISCAL -PROJECTED- YEAR DENTON CORINTH LCMUA TOTA( NORMAL/ NORMAL/ NORMAL DROUGHT DROUGHT DROUGHT NORMAL DROUGHT 1992 22.51 24,24 1.25 0.50 24,28 25.98 1993 22,71 24.48 1.00 0,63 1994 24,24 26,98 23.08 24.83 1.00 0.55 24,81 28.38 1998 23.54 26.34 1.00 0.88 1998 26.10 28.90 24.13 25.98 1.00 O.CB 25.89 27.54 1997 24.75 26.88 1.00 O.CO 28.38 28,26 1998 26.40 27,34 1,00 0.80 27.00 28.94 1999 28.08 28.06 1.00 0.83 2000 27,89 29,68 28.74 28.79 1.00 0.83 28.37 30,42 * 2005 30.42 32.76 1.00 0.70 * 32.12 34,48 2010 34,80 37,26 1,15 0.78 * ~.53 39,18 2015 39,38 42.37 1,26 0.88 * 41.48 44,47 2020 44.77 48,20 1.40 0.90 47,12 60,68 5 YEAR INCREMENTS CITY OF DENTON UTILITIES 4 - 18 r. r ~q . ..._._._i ..<....a i.,.... . ..:..m ~.u;r-.q . ..avw..1 Mmce.9 fuO.NQ 42 FIGURE 4.5 CUARI!NT SCHEDLLE 'FOR WATER TREATMENT PLANT 40 CAPACITY REQVIRE1,11cm .,.......i COMPLETION RRO PSAI~Y'. FOR DENTON ONLY. AA TRRA NT 10 MOD EXPANSION 38 MAY 1996 36 34 ; . CO ' HP~E7T PROPOSlD...•.'.''OI~OX' . FAKE RAY RO8ERT3 i R~Aalan~~a PLANT . O 32 , ~~h~'D~ ~YS . R. iON ' . Al'PO MOD 2001 Z PLANT YAY 30 .....ti.... y....... O 28 ko~ ' PEAT{ DAX EXTItEMB YEAR ' 26 ;SPENCER PLANT 24 HOD , sty 24 22 .....y...... i j PEAK DAY NORMAL YRAR 20 ; i......i......:..... . ; 18 ; i 16 ' ' RISK OF WATER RATIONING = MSTORICAL, FLO" 14 1980 1981 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 1992 1993 19% 1995 1996 1997 1998 1999 2000 YEAR C r. 42 11ATLI GTREA7` 1' 'K,4NT ° 40 CAPACITY RE uuuntR m FOR 38 ;PROPOSED C ON OF 36 >.....,i,... ..,p. 10 MgG I~XPANMON 34 i..... Y„AM.`„ O g2 ,....,s.....} ~41Y'~p ANSI~N. z SPENCIlR PUNT go ; , , PEAK DAY EXTREME YHO N p 28 ; oW 26 i..... b ; SPENCER PLANT 24 YGD , ^ 4 ..1. 24 CUR COMMON I RENT SCEMDULE FOR ► fTal ' 41 ~,,..,,~,.....i :WATER kFEWSION 20 ~,,.,.,i..... PEAK DAY NORMAL YEAR 18 .1. .1. .I. .N. .N, .1, * 1A ' RISK OF MATER RATIONING: * • - HISTORICAL FLOWS 14 : 1980 1981 1982 1983 1984 1905 1988 1987 1988 1989 1990 1991 1992 1993 1994 1995 1998 1997 1990 1999 2000 YEAR t c~ i I } r 4.4 WATER DISTRIBUTION SYSTEM v 4.4.1 Introduction The water distribution system consists of several major components: - Ground Storage - High Service Pumps - Mains - Pressure Planes - Booster Pumps - Pressure Regulating Valves - Elevated Storage These elements must be designed to provide a certain amount of flexibility. They must provide for refilling tanks, average days, peak days, peak hours and emergency conditions such as fire flows. The Environmental Protection Agency, the Texas Department of Health and the State Board of insurance are the agencies which establish most of the regulations with which Denton must , comply. Only a general discussion of needed capital improvements is provided herein. Design details are addressed in master plans. Most of the demand is measured by meters. Some of the demand is unaccounted for, This includes water for leaks, CITY OF DENTON UTILITIES r 4 - 21 x I ' main breaks and fire fighting, The utility department is working to gather and organize data necessary to conduct a water audit. It is anticipated that this will help to manage our repair and maintenance activities more efficiently. Many cities use the gallons per capita per day (gpcd) indicator as a means of comparing water use with other cities. Unfortunately there is a fallacy in this type of comparison. The per capita water use can vary tremendously from city to city. Types of industry, industry/residential ratio, personal income, climate, etc. all have an impact upon water use habits, The Texas Department of Health recognizes the wide range of water use patterns among Texas cities. The indicator should only be used for tracking and comparing Denton's particular water use habits. This should help improve the ability to make projections and to develop rate structures, 4.4.2 Mains Denton maintains approximately 1.56 million linear feet (295 miles) of water distribution mains ranging in size from 1 to 42 inches in diameter. Approximately 26 miles or 9 percent of the water.' lines are less than 6 inches in diameter. These lines tend to be very maintenance intensive and are considered to be substandard. Table 4.7 provides a breakdown of line length by line size, CITY OF DENTON UTILITIES \ 4 - 22 I it t i I r I r1 TABLE 4.7 C. CITY OF DENTON WATER MAIN SIZE AND LENGTH c r DIAMETER LINEAR PERCENT (INCHES) FEET MILES OF TOTAL 4 1 9,450 1.79 0.61 126 11000 0.19 0.06 1,60 2,200 0.42 0.14 2 83,160 16.75 6.34 i , 4 779,050 8.39 2.84 6 44,276 147.66 60.02 8 279,400 52.92 17.94 10 29,070 6.61 1.87 12 141,075 28.71 9.06 14 27,905 629 1.79 16 100,790 19.09 6.47 Is 13,885 2,63 0.89 20 20,670 3.91 1.33 24 4,600 0185 0.29 27 31030 0,67 0.19 30 11,970 2.27 0.77 36 4,330 0.82 0.26 42 1,650 0.31 0.11 TOTAL 116571400 294.96 100.00 NOTE; BASED ON YANDELL & HILLER WATER DISTRIBUTION SYSTEM MAP AS OF DECEMBER 1990. FIGURES HAVE BEEN ADJUSTED EACH OF THE FOLLOWING YEARS FOR ADDITIONAL CONSTRUCTION CITY OF DENTON UTILITIES - c r, _ 23 h . i' d r i 1.V r os Water mains are designed to carry either the peak hour demand with a minimum pressure of 35 psi or the peak day r demand plus fire flow with a minimum pressure of 20 psi. The peak hour demand for Denton is 3.44 times the average day t> R demand. The peak hour demand for Corinth and LCMUA from Denton is limited by the flow controller settings. As Denton grows, the existing system must be upgraded to provide for transportation of treated water from the plant and storage facilities through the existing system and into the newly developed areas, An analysis of these conditions is a very complicated procedure and is beyond the scope of this forecast. A detailed analysis will be provided in the water distribution system master plan, 4.4.3 Storage The Texas Department of Health (TDH) and the State Board , of Insurance (SDI) have established criteria for ground and elevated storage. These criteria address volume requirements only. The layout of the distribution system, the location of storage facilities and the interaction with high service and booster pumps affects the amount of storage necessary for the most efficient and reliable operation of the system, C CITY OF DENTON UTILITIES t 4 - ?.4 r, I$ w f GROUND STORAGE Denton currently has beven million gallons of clearwell capacity at the water treatment plant, two million gallons at McKenna Park and another three million gallons designed for 0 the new Hartlee Field Road Booster Pump Station. The two million gallon McKenna Park tank is a dual facility. It serves as ground storage for the upper plane and elevated storage for the middle plane. As the population in the upper plane increases then so will the demand and the total storage requirements. The amount of the McKenna Park tank that is dedicated as ground storage for the upper plane will increase. The amount available as elevated storage for the middle plane will decrease. As a result, the upper plane will not require additional ground storage. A Table 4.8 provides the ground storage requirements for Denton. These are based upon the general volume requirements of the TDH and SBI discussed earlier. These are minimum requirements. For operational requirements, please refer to the master plan. t A CITY OF DENTON UTILITIES 4 - 25 r ~I e M i~ TABLE 4.8 CITY OF DENTON GROUND STORAGE REQUIREMENTS GROUND STORAGE MIDDLE PLANE EXCESS/ SHORTAGES 4 YEAR EXISTING SBI TDH PROPOSED (SBI) (TDH) 1992 7.00 8,38 4.30 •1.38 2.70 1996 10.00 6.76 4.49 0,00+ 1.24 6.51 2000 10.00 9.88 5,06 3.00 0,12 4.94 2005 13,00 11.110 5.69 3,00 1,90 8,31 2010 13.00 12.48 6,40 0,00 0.62 7.90 GROUND STORAGE UPPER PLANE EXCESS/ SHORTAGES YEAR EXISTING SBI TDH PROPOSED (SBI) (TDH) 1992 1,00 0.23 0.12 0,77 0.88 0,00 1995 1.00 0,33 0,17 0,67 0.83 0,D0 2000 1,00 0,44 0,23 0,56 0,77 2005 1,00 0,64 0,33 0.00 0,36 0,87 2010 1,00 0,87 0.45 0,00 0,13 0,65 QUANTITIES ARE IN MILLIONS OF GALLONS SBI = STATE BOARD OF INSURANCE TDH = TEXAS DEPARTMENT OF HEALTH C CITY OF DENTON UTILITIES - c C 4 - 26 s ~j I ELEVATED STORAGE The TDH requires that each pressure plane serving more than 2500 connections shall have elevated storage. The upper plane has no elevated storage. . Table 4.9 provides the elevated storage requirements for Denton. The tipper plane will require elevated storage by the year 2000. The middle plane will require an additional 1.5 to 2.0 million gallons of elevated storage In 1993. The master plan provides more detail. r' a t CITY OF DENTON UTILITIES 4-27 k ri r1 8 44 TABLE 4.9 CITY OF DENTON ELEVATED STORAGE REQUIREMENTS MIDDLE PLANE EXCESS/ WORTAGES w YEAR EXISTING SBI TDH PROPOSED _(SBI-I (TDH) 1992 3.36 4.62 2,17 •1.16 1.19 1998 4,86 4,68 2.28 0,16 2.61 0,00 2000 4.86 627 2.63 -0.41 2,33 1.60 2006 6.36 6.92 2,86 0,44 3,61 0,00 2010 8,36 6.66 3.20 0,30 3.16 UPPER PLANE EXCESS/ SHORTAGES YEAR EXISTING SBI TDH PROPOSEn SBI) DH) 1992 0,00 0,12 0,06 -0.12 •0,06 o,ao 1996 0:00 0,17 0108 •0.17 •0.08 ' 1.00 2000 1,00 0.24 0111 0.76 0.89 0.00 2006 1100 0.34 0116 0,66 0.84 0.00 2010 1.00 0,46 0,22 0,64 0.78 QUANTITIES ARE IN MILLIONS OF GALLONS SBI w STATE BOARD OF INSURANCE TDH = TEXAS DEPARTMENT OF HEALTH C CITY OF DENTON UTILITIES - 4- 28 1 r f ¢i i j ~rTABLE 4.10 CITY OF DENTON TOTAL STORAGE REQUIREMENTS TOTAL STORAGE EXCESS/ SHORTAGES YEAR EXISTING SBI TDH PROPOSED (SBI) (TDH) 4 1992 10.36 13.26 6.65 -2.89 3.71 1.50 1996 14.86 13.94 6.99 0,92 7.87 4.00 2000 16.86 15.83 7.93 0.03 7,93 4.60 2005 20.36 18.00 9.03 2.36 11.33 0.00 2010 20.36 20.47 10.27 •0.11 10.09 QUANTITIES ARE IN MILLIONS OF GALLONS SBI = STATE BOARD OF INSURANCE TDH = TEXAS DEPARTMENT OF HEALTH r t CITY OF DENTON UTILITIES 4 29 SECTION 5 WASTEWATER UTILITY JANUARY 1992 CITY OF DENTON MUNICIPAL UTILITY DEPARTMENT DENTON, TEXAS (i ti SECTIO WASTEWATER UTILITY 5.1 INTRODUCTION TI.E, wastewater treatment facility consists of four basic vomponents ; - Wastewater Collection System - Wastewater Treatment Plant - Wastewater Disposal - Sludge Disposal The collection system consists of gravity sewer mains, lift stations and force mains. The gravity lines collect the individual customer discharges and transport them to the plant. These lines are not designed to flow full. Pressure could cause these flows to back into residences. Additional flow is sometimes picked up via inflow/infiltration (I/I). Inflow is rainwater entering the system through manhole cover ' pickholes, broken pipes and cracks. Infiltration is flow entering cracks and joints due to the groundwater level being higher than the pipe. Lift stations and force mains are constructed when flow cannot continue by gravity. This usually occurs in low lying areas or where the line becomes extremely deep. After many hours and sometimes days in the collection system, the sewage C is eventually transported to the treatment plant. Denton's c CITY OF DENTON UTILITIES 5 I s Sj .y plant treats the wastewater by the waste activated sludge process. The liquid is separated from the solids and treated by settling, aeration, filtration and disinfection. The sludge is treated biologically by aerobic and anaerobic digestion. The treated waste products are then disposed of in accordance with strict standards. The liquid is dischargers to Pecan Creek. This effluent must meet very stringent water quality standards. The digested sludge is either applied to open land by injection or dried and then spread on open land at the plant: site and/or used in various municipal use projects. The Texas Water Commission (TWC) and the Environmental Protection Agency (EPA) are the regulatory agencies which govern the treatment of wastewater in Texas. TWC's rules are published in the Texas Administrative Code (TAC). In part the TAC readsr "Whenever flow measurements for any sewage treatment facility in the State reaches 15 percent of the permitted average daily flow for three consecutive months, the permittee must initiate engineering and financial planning for expansion and/or upgrading of the wastewater treatment and/or collection facilities," The TWC and EPA monitor treatment plants by issuing discharge permits. These permits dictate the treatment levols GIN Of DENTON UTILITIES - 5-2 l ((x S~ that must be obtained by the plant. Failure to meet these requirements can result in fines, penalties and expensive emergency construction projects. 5.2 METHODOLOV The treatment plant utilizes an ultrasonic meter to measure the plant influent. Except for a few major customers, wastewater flows are not measured directly by meters. indirect measures such as a percent of winter water use are typically used to determine sristewater volumes. System studies indicate that wastewater flows can be very closely correlated gallons per capita per day, and the number and type of customers, Table 5.1 provides the number of customers by general rate class. in the 1990 Forecast the wastewater flows are based on a percentage of water use. Further studtes have found that this , approximation can increase proocted flow errors during dry months and years, The 1991 Forecast uses population as the primary variable to derive flow, The 1992 forecast usev a derived gallon per capita per day as discussed in Section 2 5.3 WASTEWATER COLLECTION SYSTEM The collection system consists of approximately 1.67 million linear feet (316 miles) of gravity sewer mains ranging in size from 4 inches through 33 inches in diameter, 80,911 CITY OR DENTON UTILITIES 5 - 3 ~u t TABLE 5.1 CITY OF DENTON NUMBER OF WASTEWATER CUSTOMERS FISCAL YEAR RESIDENTIAL COMMERCIAL GOVERNMENTAL TOTAL " • HISTORICAL 1989 14,021 21132 72 16,225 1990 14,281 21040 92 16,383 19P1 14,449 11978 89 18,616 -PROJECTED- 1992 14,487 11981 89 16,537 1993 14,593 11998 90 i6,681 1994 14,619 21020 91 160940 1998 18,123 21071 93 1707 1996 16,604 2,124 96 17,723 1997 i5,905 2,177 96 18,160 1996 16,319 2,234 101 18,684 1999 18,746 21283 103 19,141 2000 17,182 20359 106 19,641 CITY OF DENTON UTILITIES C 5-4 L, l TABLE 5.2 CITY OF DENTON % SANITARY SEWER SIZE AND AMOUNT DIAMETER LINEAR PERCENT OF (INCHES) FEET MILES TOTAL 643 0.12 0.04 , 4.. 4 666,201 10617 31.76 6" 686,687 112.82 34,03 226,686 42.74 12,90 12" 69,622 13.17 3.97 16" 72,887 13.80 416 86,284 16,34 4.93 1 B" 0.06 0.02 20'• 326 21" 63,416 10,12 3.06 4816(10 9.18 2.77 24" 26,670 6,03 1.62 27" 11,800 2.23 0.67 30" 33" 3,260 0.62 0.18 J-~r TOTAL 11749,862 331,4 100.00 FORCE MAINS 80,911 16.10 100.00 NOTE; BASED ON HANSEN OPERATING AND MAINTENANCE SYSTEM FORCE MAINS ARE INCLUDED IN THE TOTAL CITY OF DENTON UTILITIES s - s -r j r E G F. 3 K l linear feet (15 miles) of force main and 16 active lift stations. 643 feet of sanitary sewer is less than 6 inches in diameter, These lines are considered to be substandard because they tend to be very maintenance intensive. Table 5.2 provides an accounting of gravity lines, Of primary concern to operation and maintenance personnel are main blockages and infiltration/inflow, Grease entering the system is the major contributor to main blockage, The proliferation of garbage disposals has compounded the problem over the past twenty years. Problem mains are flushed on a regular basis as a preventive maintenance procedure. Another contributor to system problems is root intrusion, Tree roots can find there way into the sanitary sewer pipe through cracks in the pipe and through faulty joints, once roots enter the pipe they can quickly grow and fill the cross sectional area of the pipe causing it to clog, Field services is currently seeking a procedure for long term successful root removal, Inflow/infiltration (I/1) is generally related to old, cracking gravity mains, worn out joint seals and poor manhole construction practices, 1/I is difficult to locate because it does not surface like a water leak. It is evidenced by greatly increasing flows at the plant during a rainstorm, CITY OF DENTON UTILITIES 5-6 ; i i n a:a k~. (j 4 f 1/I study is a tedious process. To some degree it. is a hunt and peck process. The process is dependent upon adequate I. rainfall events to measure wet weather flow conditions. Infiltration from ground water is found by comparing ground water table levels to sewer line elevations and inspecting those lines constructed below the water table. An I/I study generally involvest - Wastewater Collection System Analysis - Sectioning the system into primary divisions b - Measuring wet and dry weather flows - Identify problem sections - Sub-section problem areas - Measure wet and dry weather flows - Repeat sub-section process until specific problem lines can be identified - Inspect problem lines with T,V, camera to determine type of failure (ie., cracks, joints) - Determine if cost of correction is ...ass than cost of treatment. Freese and Nichols, Inc, completed a Wastewater Collection System Master Plan in 1985 which is sufficiently currant to serve as the system analysis, In the summer of 1~j91 tho Water/Wastewater Engineering staff began a modeling effort on the Cooper Creek drainage basin, with the help of the summer interns. The model Is approximately 90 percent CITY OF DENTON UTILITIES 5-7 ~r C. _ r. r. - ,h r complete and will be used to identify needed projects and help determine appropriate line sixes. The model will also be used in the I/I analysis to quantify and pin point possible I/I services. Until the model is complete for the three major drainage basins, The Freese and Nichols Collection System o Master Plan will be used for project identification. 5.4 WASTEWATER TREATMENT The Pecan Creek Water Reclamation Plant has a rated capacity of 12 MGD (millions gallons per day) and an peak design capacity of 18 MGD. The peak capacity is to accommodate stormwater flows. The plant has a permit for 12 MGD. Table 5.3 and Figure 5.1 show the historical and projected average annual influent received by the wastewater treatment plant. Figure 5.2 depicts historical wastewater forecast trends. Again there is a general downward trend in these forecasts but there is more variability in these trends than in the water and population trends due to the wide degree of methodologies used in the past for the wastewater projections. TWC regulations require that planning and design of new or expanded facilities must be initiated whoa the daily average for three consecutive months exceeds 75 percent of the rated capacity. Construction must be initiated at 90 percent. CITY OF DENTON UTILITIES w' 5 - 8 t r -A 1r ~i TABLE 5.3 CITY OF DENTON WASTEWATER INFLUENT FISCAL FLOW (MILLION GALLONS PER DAY) YEAR DENTON CORINTH ARGYLE TOTAL • HISTORICAL 1000 6.31 0.16 8.48 Ono 1061 8.73 0117 6.90 1902 8.61 0.06 8167 1963 6.36 0.06 4.43 1084 6.26 0.20 8.48 1968 9.02 0.34 N/A 9.36 1986 8.96 0.19 0.16 1907 0.37 0.21 9.68 1088 8133 0119 8.82 i 069 0.17 0.33 0.60 1990 0.66 0.34 0.006 9191 1991 8.64 0.36 0.004 6.92 -PROJECTED- 1092 6.96 0.38 0.010 9.36 1893 0.03 0.40 01010 144 1994 9.14 0.41 0.034 9.68 1996 9.28 0.44 0.062 9.78 2000 10.36 0166 0.204 11.11 ,w 2006 11.80 0.63 0.206 12,64 r 2010 13.49 0.68 0208 14.37 20i6 16.40 0,74 0.210 18.36 ,v 2020 17.66 0.61 0.212 16160 6 YEAR INCREMENTS CITY OF DENTON UTILITIES - 9 i . ..wweu rv... Y ....r uan_ Vr.+ l4et Eeaavst I+in~1 14 FIGURE 5.1 HISTORICAL AND PROJECTED 13 AVERAGE ANNUAL WASTEWATER INFLUENT FOR DENTON & CUSTOMER CITIES 1 2 Z 11 ; PROJFCTT:D ANNUAL AVERAGE INFLUENT Lq FOR WET YEARS c~ 10 Z PROJECTED ANNUAL ►b • AVERAGE INFLUENT g OR NORMAL YEARS a ' q 6 1980 1982 1984 1986 1988 1990 1992 1994 1996 1998 2000 YEAR c 25 24 . 1989 1990 1941 1992 FFORECAST FORECAST FORECAST F00RHECA 23 ars~rxm~ 22 21 j.... 20 19 ' Z 18 17 `i 16 0 1 5 CZ/) 14 ' 13 i.... P.P 12 1 1 j.... j.... j..., 10 y • ± ! FIGURE 5,2 g DENTON AND ITS CUSTOMER CITIES i HISTORICAL RASTEIPATER INFLUENT 7 , , , . k I: COMPARISON OF AVERAGE r ANNUAL INFLUENT FORECAST 6 1980 1982 1984 1986 1988 1990 1992 1994 1996 1996 2000 2002 2004 2006 2005 2010 2012 2014 2016 2018 2020 YEAR r; A Fmonths 1 the peak three month average daily flow in ay, June, and July were reported to the TWC as AVERAGE DAILY PERCENT OF MONTH FLOW (MGD) RATED CAPACITY May, 1991 9.72 81,00% June, 1991 10.27 85.56% July, 1991 10.27 85,27% Toward the end of 1989 Denton started pumping all of its influent through the plant as it received it. Now that Denton is pumping everything through the plant, during high rainfall years Denton should experience higher peak flows as it did in 1990. With construction of the new wastewater treatment plant expansion, the equalization basis) dill greatly help to minimize the instantaneous peaks but will have little to no effect on the peak three month average daily flow, Figure 5.3 provides a comparison of the average annual daily flows with the TWC criteria levels of 75 percent and 90 percent and ~,;!.th planned plant expansions. According to recently published Texas Water Commission criteria, Denton should have already begun construction of an expansion. An expansion to a 13 MGD capacity is currently being designed and construction is scheduled for completion in 1994. The next expansion to a 15 MGD capacity is also currently being designed and construction is scheduled for completion in 1998, According to the TWC: CITY OF DENTON UTILITIES 5 - 12 v. 22 FIGURE 5.3 21 CITY OF DENTON WITH 1998 , ' , CUSTOMER CITIES PR EEXPANSIO1N GD 24 HISTORICAL AND PROJECTED WASTEWATER TREATMENT . ' ~ . ' ' ' ' 19 PLANT CAPACITY 18 .1IIST.ORICAIr. F7.R11!S...... ' . , 007. :OF RATED OIAANT CAPAC17Y ~ L 17 • T1-C ;REQUIRES .CANSMUCTION. TO. BEUNDERWAY. ; I ..1Q O, • O ' CAPACPPY 11 E-, 11. ~.~r u 15 13,00 Map ` Bliis'1'' o1r " . . POSSI PIANT O 14 PRO$RC9BD PE I( EXCEEDING RATED: CAP ACITY 11fl1 $ AVI g 'Pl,,W'It CAPACrff FOR: WRT YRARS 13 ► 12 11aD PLANT CAPACITY kr1 12 f,* I . v - - tz~ . 1;...;;.' ~ 10,80 I1GD r lO . 9 1 1 f l y.l 1 1 flp I J N 6 'Cy! (1 .11 ~ 1 1 11~. 111 `IYk(KYS•L}>r~lryel') I~11 ff 11.11N!3t11 . . . . . . . . 8 PROM$ THD Fla........... 3 MONTH AVERAGE: PROJE D D •2 - MG D EXPANSION q ..1?OR .N.Q$IiAL .XISARS ; 6 1980 1982 1984 1986 1988 1990 1992 1994 1996 1998 2000 YEAR ti =,:51 f f n criteria Denton should already be underway with construction that would increase the capacity to 15 MOD, and should be planning the next expansion above 15 MOD. 5.5 LIFT STATIONS Denton currently owns and/or operates 18 lift stations throughout its service area. Denton also owns 3 lift stations which have been abandoned. The operating characteristics for 4 all lift stations are described in Tables 5.41 5.5, and 5.6. Pump run times for a lift station can be used for crude estimation of flow rates througn the lift station. Figure 5.4 shows sample run times for all lift stations during both a dry weather and a wet weather period. This showB the effect of i/I on the lift stations. The run times for almost all of the lift stations at least double during wet weather periods and few experience as much as r 20 fold increase during wet weather periods. Three lift stations are known to overflow at least annually. Cooper Creek and Corinth lift stations are near capacity during dry weather operating periods. The Cooper Creek station is scheduled to bo upgraded in capacity by 1993, and the Corinth station shoo?,d be considered for an upgrade in capacity within the next five years. Five of the lift stations that reach capacity have relatively low dry weather flows and surge significantly during storm events. Infiltration and Inflow (I/I) is the major problem for these - CITY OF DENTON UTILITIES 5 - 14 \ TABLE 5.4 CITY OF DENTON MAJOR LIFT STATIONS PUMPS FORCE MAIN CAPACITY RATED RATED STATIC ` (FT) DIAMETER LEITH (FLIFT T) `lam MAXIMUM LIFT PUMP CAPACITY HEAD STATION No. LGE1 4,200 190 300 -a HICKORY 2 4,200 ► 190 24 12,200 128.5 79300 7, CREEK 3 3,600 190 . u, i O Z 1 1,850 90 3,100 3,600 COOPER 2 1,650 90 18 3,500 58.0 GREEK 3 1,650 90 N 1 3,000 110 16 31813 88.0 3,400 4,800 HOBSON 2 3,000 110 1 320 85 6 5,466 66.0 300 360 CORINTH 2 320 66 VARIABLE SPEED PUMPS NO DUTY POINT SPECIFICATIONS ARE AVAILABLE DUTY POINT IS ESTIMATED BY THE SYSTEM HEAD CURVE PUMP 112 ARE NOT DESIGNED TO RUN TOGETHER A ~i 6, ;¢tl t TABLE 5.5 CITY OF DENTON LIFT STATIONS PUMPS FORCE MAIN CAPACITY RATED RATED STATIC r' LIFT PUMP CAPACITY HEAD DIAMETER LENGTH LIFT FIRM MAXIMUM O STATION NO. (GPM) (FT) (IN) (F) (FT) (GPM) (GPM) BORDER 1 250 26 8 1,330 270 340 ,330 7.60 COWBOY 2 250 25 O U 716 N 2 450 75 a 2,469 67.85 440 506 rn z BARROW 1 920 45 6 1,450 39.75 1,100 11390 2 920 45 N CAMPING 1 200 25 6 1,111 12.40 260 350 WORLD 2 250 26 TWIN 1 250 90 S 6,320 71.10 260 310 LAKES 2 250 00 DENTON 1 800 ISO S 5,674 64.20 S00 940 WEST 2 S00 ISO JOHN 1 415 30 6 KNOX 2 415 30 DATA NOT AVAILABLE AT THIS TIME t G11uF.y. Y {j w....an rq .a a it al /cLU..r. 6d4v:1 u.ryr.v/ U.Aw.l (x YO1'Hl µY)Wli f TABLE 5.6 CITY OF DENTON LIFT STATIONS PUMPS FORCE MAIN CAPACITY RATED RATED STATIC LIFT PUMP CAPACITY HEAD DIAMETER LENGTH LIFT FIRM MAMMUM 0 STATION NO. (GPM) (FI) (IN) (FI) (FT) (GPM) (GPM) GRISSOM 1 275 86 e 2 275 88 2,368 38.60 280 320 O k GRANADA 1 Goo 70 2 600 70 8 2,218 42.60 eta 615 r Z LONDONDERRY 1 630 26 2 630 25 10 543 25.00 500 675 N s;~ WIMBLETON 1 500 70 2 500 70 8 VACATION 1 1,190 65 VILLAGE 2 11190 65 a 8,913 67 20 460 478 lab W 1 630 35 2 630 36 8 2,821 36.05 320 400 DATA NOT AVAILABLE AT THIS TIME C s plc E' 50 oy FIGURE 5.4 1-3 45 C177 OF DBNTJN rauoa raaoaf . STATION RUNTIME LIFT COMPARISON 40 35 Z 30 H ,Pop ti5 O 20 !0 d 0 '►tv'f~+ a c p°°~` a rson low ~s► ' zo, cz~~ yam ~.is yow o °~t at ~ppvs vWrt LIFT STATION NOTE; ALL TUIES EXCEPT FOR HICKORY REIORESENT THE SUMMATION OF RUN TIMES FOR TWO PUMPS IN EACH LIFT STATION FOR A PERIOD OF ONE DAY. THEREFORE THE MAXIMUM RUN TIME POSSIBLE FOR A 24 HOUR PERIOD IS 48 HOURS. THE HICKORY CREEK LIFT STATION ONLY SHOWS THE RUN I= OF THE FIXED SPEED PUMP SINCE THE VARIABLE SPEED PUMP WILL RUN CONTINUOUSLY REGARDLESS OF THE VOLUME RECEIVED, IT SHOULD BE NOTED THAT WHEN THE FIXED SPEED PUMP IS RUNNING THE STATION IS PUMPING AT ITS MAXIMUX RATE, LIFT STATIONS THAT ARE KNOWN TO OVER FLOW AT LEAST ANNUALLY C e stations and it is the I/I that should be addressed rather than upgrading the capacity of the lift stations. A lift station must have sufficient capacity to pump the peak day flow with the largest pump out of service. • The Corinth lift station is the only public lift station that is currently metered. Consideration should be given to placing meters on all existing and future lift stations. Each lift station serves a collection area. The size and the percentage of the area served should be taken into consideration when upgrading capacity at any lift station. Lift stations that serve large drainage basins, such as the Hickory Creek lift station, should be considered for locations for future wastewater treatment facilities. It should be analyzed prior to the expansion of the station whether it is less expensive to treat the wastewater in its own drainage basin or whether it is cheaper to pump the wastewater into A another basin to be treated. Table 5.7 lists the total area, effective collection area, and the percent of the total area served for each of the lift stations and the drainage basins. CITY OF DENTON UTILITIES i 5 - 19 1 I 7 ~U p 4i t TABLE 5.7 CITY OF DENTON LIFT STATION COLLECTION AREAS TOTAL EFFECTIVE P ARCEA T LIFT STATION/ AREA COLLECTION SERVED DRAINAGE BASIN (ACRES) AREA (ACRES) (ACRES) PECAN CREEK DRAINAGE BASIN 12,560 6,030 48% COOPER CREEK 4,660 1,860 40% L, TWINLAKES 610 90 . 18% HICKORYCREEK 40,320 460 1% L CAMPING WORLD 40 7 18% - BARROW 620 75 14% UNION 76 116 9 8% 4- BORDER COWBOY 190 37 19% HOBSON 770 430 56% CORINTH - DENTON WEST 490 22 6% L•JOHN KNOX 210 26 13% GRISSOM 120 49 44% GRANADA 400 170 4396 WIMBLETON 280 20 7% A LONDONDERRY 130 80 63% VACATION VILLAGE 250 20 8% 1•35 W 9o 60 60% FORT WORTH DRIVE 2 2,760 780 29% TOTAL 64,306 10,208 18%~ NOTE 1; THE CORINTH LIFT STATION RECEIVES ALL INFLUENT FROM THE CITY OF CORINTH 2: FORT WORTH DRIVE LIFT S'ATION USED TO BE REFERED TO AS THE COED LIFT STATION, AND IS NO LONGER ACTIVE - CITY OF DENTON UTILITIES e 5- 20 b SECTION 6 SOLID WASTE UTILITY y JANUARY 1992 CITY OF DENTON MUNICIPAL UTILITY DEPARTMENT DENTON, TEXAS r: d 1 'n I ' 1 f SECTION 6 SOLID WASTE UTILITY 6.1 INTRODUCTION • The current environmental concerns for increasing (solid waste volume and decreasing landfill availability clearly indicate the need for a viable forecast, The forecast provides the basis for the capital and financial planning for solid waste disposal alternatives. 1 . Federal and State policies promote the reduction, recycling, and minimizing of solid and hazardous waste as the top waste management priorities of gover,tment and industry, The U.S, Environmental Protection Agency's (EPA's) recent "Agenda for Action" clearly states the federal policy position that "source reduction and then recycling are the preferred options for closing the gap between waste generation and management capacity and reducing the amount and toxicity of waste that must be landfil.led or combusted," (US EPA, The Solid Waste Dilemma, An Agenda for Action, Report of the Municipal Solid Waste Task Force, office of Solid Waste, Washington, DC: February 1989) The EPA's "Agenda" reflects another significant development in waste management policy; a role revel^sal in environmental leadership, in which both responsibility and CITY OF DENTON UTILITIES - G - 1 S Y~ . . 1'Nfa N;yS ryY i! f initiative are shifting from the federal to the state level. This shift from a federal to a state-lead role in the implementation of pollution prevention and waste management policy is becoming increasingly pronounced in both state and federal regulatory developments. According to the "Agenda for Action," the federal role is in source reduction and recycling centers on education, research, and information exchange whereas the states' roles must focus more directly on program implementation, regulation, and funding. Increasingly, regulatory agencies, environmental interest groups and citizenry anticipate that city government will be responsive to environmental concerns and actively planning atrategy to meet the demands of providing adequate and compliant solid waste disposal, The forecast serves as a tool to assist in these strategic effort, Federal regulations governing all solid waste disposal i option, including landfills, have been progressively stringent and have increased the cost of compliance. The latest regulations are EPA Subtitle D revisions, These revisions may have major operational and budgetary impacts on all municipal solid waste landfills, The increased landfill cost will, in turn, have an impact on the economics of rrcycl.ing. Compliance with the proposed - CITY OF DENTON UTILITIES - G - 2 TABLE 6.1 CITY OF DENTON RESIDENTIAL AND COMMERCIAL SOLID WASTE CUSTOMERS 4 FISCAL RESIDENTIAL 8 YEAR RESIDENTIAL COMMERCIAL COMMERCIAL HISTORICAL 4985 12,808 1,160 13,958 1988 13,412 1,260 14,667 1967 13,544 1,147 14,691 1968 14,646 910 15,186 1989 14,662 986 15,647 1990 14,690 1,060 16,750 1991 14,743 11062 16,806 -PROJECTED- 1992 14,776 1,512 16,266 , 1993 14,922 1,827 18,449 1994 t6,071 1,642 18,613 1995 16,372 11667 18,929 1998 15,879 1,603 17,282 1997 161993 1,818 17,611 1998 16,313 1,833 17,948 1999 16,639 1,648 18,287 2000 161972 1,663 18,635 CITY OF DENTON UTILITIES - t 6-3 , t r A TABLE 6,2 CITY OF DENTON LANDFILL SOLID WASTE VOLUMES FISCAL RESIDENTIAL COMMERCIAL MISC. ` TOTAL YEAR (CUSIC YARDS) (CUBIC YARDS) (CUBIC YARDS) (CUBIC YARDS) • HISTORICAL • i . 1986 62,200 104,000 69,260 246,460 1968 67,423 134,060 78,400 297,662 1967 66,238 194,429 110,628 391,490 1986 87,717 190,916 109,320 367,463 1989 67,031 191,296 86,749 386,076 1990 78,114 181,213 99,638 350,965 1901 78,116 193,294 92,769 364,166 -PROJECTED- 1"2 79,966 260,760 38,077 378,282 1993 80,870 261,760 38,371 380,700 1994 61,779 263,776 38 948 364,500 1906 83,780 267,732 39,664 301,388 1906 66,636 274,184 40,676 400,097 1997 88,016 281,011 41,916 410,943 1098 90,313 288,149 43,010 421,472 1999 92,670 296,670 44,132 432,472 2000 06,089 303,386 46,264 443,764 NOTE: * INCLUDES CONTRACT, CASH, AND MUNICIPAL (SEE TABLE 6.3) CITY OF DENTON UTILITIES i i 6 - 4 ti 't e:ut.1.t p 1 TABLE 6.3 CITY OF DENTON CONTRACTo CASH AND MUNICIPAL SOLID WASTE VOLUMES MISC, MISC. MISC, TOTAL FISCAL CONTRACT CASH MUNICIPAL! MISC, YEAR (CUBIC YARDS) (CUBIC YARDS) (CUBIC YARDS) (CUBIC YARDS) HISTORICAL - 1985 41,600 18,840 1,040 59,280 1988 53,620 21,448 11341 78,409 1987 77,772 31,109 1,944 110,825 1988 78,386 30,548 1,909 109,320 1989 $31795 30,751 2,203 88,749 1990 881848 20,804 1,986 99,838 1991 86,176 23,828 2,236 92,240 -PROJECTED- 1002 8,960 29,110 2,007 38,077 1993 7,014 29,334 2,023 38,371 1994 7,119 29,774 2,063 38,948 1995 7,290 30,492 2,102 39,664 1998 7,472 31,251 2,185 40,878 1997 7,662 32,048 2,209 41,918 1998 7,662 32,681 2,287 43,010 1999 6,067 33,739 2,328 44,132 2000 8,277 34,620 2,367 43,284 NOTE; * MUNICIPAL INCLUDES ALL CITY OF DENTON DEPARTMENTS CITY OF DENTON UTILITIES b-5 a a v: } o'I ~f } F s indicates that the future cost of preparing an andfill will be high. Given these concerns and the disposal alternatives on the City's long and short ing, the Community Services Division has undertaken a forecast of solid waste volume and landfill ts through the year 2000, t 6.2 METHODOLOGY Development of a model to project solid waste volume has historically been based on population projections and per capita volumes. In attempting to analyze the waste stream, historical customer and volume data were examined. The availability of this data only dates back three or four years. This is a very limited time frame on which to base projections, 6.3 CUSTOMERS A The forecast of residential and commercial customers was derived from the forecast of city population adjusted for single family residences, multi-family residences and commercial entities using a linear regression analysis for annual historical data from 1965 1991. The historical and projected number of solid waste customers for residential and commercial uses are shown in '.cable 6.1. - CITY OF DENTON UTILITIES 6 - 6 .~I a v 1 r }l 1 f~ ~-1 1„• 6.4 SOLID WASTE VOLUMES Total solid ante volume was developed as a function of population, adjusted for the number of single family and multi-family residences and commercial enterprises. In the upcoming year Denton will become the exclusive a solid waste handler for the city, This should result in a sharp increase in commercial volumes but the contract volumes should fall off by nearly the game amount. The net result is a small increase in the total volume as shown in Tables 6.2 and 6.3 and in Figure 6.1. 6.5 LANDFILL The change in the customer base should not have any impact on the 1996 projected closing of the existing landfill. La A new landfill will need to be permitted prion to this time. The City should immediately proceed with obtaining a new site L-. and start the Permitting process. Even if the new site is to be adjacent to the existing site, the permitting process can take several years to complete. CITY OF DENTON UTILITIES - 6 - 7 600 r o 00 FIGURE 6.1 CITY OF DENTON I 460 HISTORICAL & PROJECTED 44o RESIDENTIAL, COMMERCIAL, . . . AND MISC. VOLUMES 420 H 400 HISTORICAI,- -PROJECTED, 10 loo tzi . C 380 ` p 380 f, 17 340 y . 320 ...............r.. 300 i. 00 ci 280 f. 10 1 r ' . 260 ` r. A 240 f. 220 W, Cy 200 . 180 160 i p 140 p 120 100 1986 1988 1987 1988 1989 1990 1991 1992 1993 1994 1996 1998 1997 1998 1999 2000 YEAR COMiMERCLIL RESWENTIA WSCELLAI7EOU VOLUMES ® VOLUMES VOLUMES r. d 2+Vi~'i10V . .._,._..n ..e,..~-. ....,.«,y ~a.'..cu. w.y.u. ..ry. I.+a++w,l Nor ns. Ru+.+u 1 cwl H'....v.l Iv: I .+.ct.«) •..e..a, • r.~u f.~lra. 2,500 FIGURE 6.2 2,250 : • ; . PROJECTED RE~G LANDFIM CAPACITY 20000 1750 ...............i... 41 n 1,300 102511 I REMAINING CAPACITY 10000 ...............i. i.. r 750.............................. . 340 d 230 t.. D4 d PROJECTED END OF M13STING LANDFU CAPACITY IN 1995 (250) . f I I (500) 1990 1991 1992 1993 19% 1995 1996 1997 YEAR I 1 i APPENDIX A REFERENCES a ,I JANUARY 1992 CITY OF DENTON MUNICIPAL UTILITY DEPARTMENT DENTOW TEXAS VY . i~ y RSFI:RENCES k GGeneral 1 Manton Munic' rrraiaties Planning ~rig89t ,990-x^ I_w City of Denton Municipal Utilities, January City n M 1 1 1l' i January11988 F of Denton Municipal Utilities, It rtmenr 7aa~ P anninct orecaet. city of Denton Municipal Utilities, January 1985 e I'' Ponu~, lation ,,Current Population Estimates", 1985-1989, North Central Texas Council of Governments NCTCOG Population & Employment Estimates by Traffic Survey Zone, NC'T'COG Computerized Data Base 1989 Wea her "Climatological Data Texas", National Oceanic and Atmos- pheric Administration Ciimatic alas of he Unit d States_._ U.S. Department of Commerce, Environmental Science Services Administration, Environmental Data Services 11SLQ=W Electric Reliability Council of Texas (ERCOT) 1979 Gilbert Commonwealth Associates Load Forecast ' American Society of Heating, Refrigeration, and Air- Conditioning Engineer (ASHRAE) Handbook, Chapter 20, 1977 WaterLV4Atewat~r ~gmand For~cas~iand Financial AWWA Seminar Proceedings, June 23, 1985 "Forecasting Demand & Meaasu9ring Price Elasticity", Jack A, Weber, AWWA Journal, May potiularions and MA-UT &Poui_reme t9_ProjaTexas Water Development Board, September, 1988 CITY OF DENTON UTILITIES A-1 r. ti. - y E~Nt I1 Y~ i Denton Count Water and Wastewater Study Reciional Matter Plan for the Year 2010Denton County Commissioners Court and Participating Agencies, By Espey, Houston & Associates, Mach 1988 City of Denton Sanitary Sewer Svc~i:gm Infiltra~io/I/Faf, low Analysis, Freese & Nichols, May 1975 City of Denton Wastewater Collection System MEister_ Plan. Freese & Nichols, July 1965 ^City of Denton Sewerage System Imprgvementg Faetlities Plan", Freese & Nichols, January 1976 "City of Denton, *ex a Water Distribution System Flow Analysis for Alternate Water Su~gly Sources". Hogan & Rasor, o Inc., July 1983 Rules & Regulations for Public Water Systems,- Texas Department of Health (TDH), Water Hygiene Division, 1988 Key Rat Schedule, State Board of Insurance, 1974 - CITY OF DENTON UTILITIES _L. A-l t fh