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HomeMy WebLinkAbout05-05-1992 Agwda No, AGENDA CITY OF DENTON CITY COUNCIL May 5, 1992 Q Work Session of the City of Denton City council on Tuesday, May 5, 1992 at 5:15 p.m. in the Civil Defense Room of City Hall. 215 E. McKinney, Denton, Texas at which the following items will. be considered: NOTE: Any item listed on the Agenda for the Work Session may also be considered as part of the Agenda for the Regular session. 5:15 p.m. r 1. Executive Session: A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S. 1. Consider action in claim of Mr. Winterrowd. B. Real Estate Under Sec. 2(f), Art. 6252-17 V.A.T.S. 1. Hold a discussion regarding a lease agreement between the city of Denton and Morrison Milling Company and give staff direction. C. Personnel/Board Appointments Under Sec. 2(g), Art. 6252-17 V.A.T.S. A 1. Consider an appointment to the Board of Adjustment. 2. Receive a report and hold a discussion regarding the Human Services Committee preliminary recommendations for. 1992-93 budget. 3. Receive a report and hold a discussion regarding the Community Development Block Grant Committee recommendations for 1992-93 budget. Regular Meeting of the City of Denton City council on Tuesday, May 51 1992 at 7:00 p.m. in the Council Chambers of City Hall, 215 E. McKinney, Denton, Texas at which the following items will be considered: 7:00 p.m. 1. Pledge of Allegiance w c I i A~nnda Item__ City of Denton City Council Agenda Ckala ___S~ S `Y.Z May 5, 1992 Page 2 2. Consider approval of the minutes of the Regular Sessions of April 7, 1992 and April 21, 1992; the joint session of April 10, 1992 with the Denton Independent School District Board of Trustees, and the Special Call Session of April 28, 1992. 3. Public Hearings A. Hold a public hearing and consider approval of a variance to the subdivision Regulations for the Pilot Park Estates Subdivision. The variance would exempt the applicant from the requirement that cul-de-sacs be no more than 1000 feet in length. (The Planning and Zoning Commission recommended approval 5-0 at its April 22, 1992 meeti.ng.) B. Hold a public hearing and consider approval of a variance to the Subdivision Regulations for the Pilot Park Estates subdivision. The variance would exempt the applicant from the building of sidewalks along both sides of an interior street, (The Planning and Zoning Commission recommended approval 5-0 at its April 22, 1992 meeting.) 4. 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 iiis designee to implement each item in accordance with the staff recommendations. Listed below are bids and purchases orders to be approved for payment under the Ordinance section of the agenda. Detailed back- up information is attached to the ordinances (Agenda items 5.A, 5.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 #1341 - Toxicity Testing 2. Bid #1352 - Type I Ambulance 3. PO #24225 - General. Electric B. Plats and Replats 1. Consider the preliminary plat of Lot 1, Block A, of C the Exposition Mills Addition. (The Planning and Zoning Commission recommended approval 6-0 at its ; April 22, 1992 meeting.) r 1k,,9 City of Denton City Council Agenda May 5, ?.992 Page 3 5. Ordinances A. Consider adoption of an ordinance accepting competitive bids and awarding a contract for purchase of materials, equipment, supplies or services. (4.A.1. - Bid #13411 4.A.2. - Bid #1352) B. Consider adoption of an ordinance providing for the expenditure of funds for emergency purchases of materials, equipment, supplies or services in accordance with the provisions of state law exempting such purchases from requirements of competitive bids. (4.A.3. - PO#24225) C. Consider adoption of an ordinance approving an interruptible natural gas sales and purchase agreement between the City of Denton and Mobil Natural Gas, Inc. for the purchase of spot market natural gas; and authorizing the expenditure of funds. D. Consider adoption of an ordinance approving an interruptible natural gas sales and purchase agreement between the City of Denton and Trinity Pipeline, Inc. for the purchase of spot market natural gas; and auahorizing the expenditure of funds. H. Consider adoption of an ordinance approving an interruptible natural gas sales and purchase agreement betwoen the City of Denton and Tristar Gas Company for the purchase of spot market natural gas; and authorizing the expenditure of funds, A F. Consider adoption of an ordinance renaming Terlingua Street to Nicosia Street. (The Planning and zoning Commission and Historic Landmark Commission unanimously recommended approval.) G. Consider adoption of an ordinance authorizing the Mayor to execute an agreement between the City of Denton and Exposition Mills of Texas, Inc, to provide for the construction of an oversized water main; and authorizing the expenditure of funds therefore. (The Public Utilities Board and Planning and Zoning commission recommended approval.) C i r Fonda `~o „_~✓c Agenda iicm City of Denton City Council Agenda NO Z2, May 5, 1992 Page 4 H. Consider adoption of an ordinance approving a lease agreement between the City of Denton and Morrison Milling Company; and authorizing the expenditure of funds. I. Consider adoption of an ordinance approving a purchase and sale agreement between the City of Denton and the Federal Deposit insurance Corporation for 200 acres of real property; and authorizing the expenditure of funds. J. Consider adoption of an ordinance authorizing the City Manager to execute an interlocal agreement with Texas Political Subdivisions Property/Casualty Joint Self Insurance Fund for the purchase of certain insurance coverages; and authorizing the expenditure of funds therefore, 6. Resolutions A. Consider approval of a resolution approving the funding of water and sewer lines to serve property to be developed by Exposition Mills of Texas, Inc., in accordance with the guidelines for funding and selecting development plan water and sewer lines. (The Public Utilities Board recommends approval.) 7. Consider approval of the preliminary plat of Lots 1 and 19, Block 1, of the proposed Pilot Park Estates. The 22.7 acre tract is located on the western edge of Lake Lewisville, north of orchid Hill Lane, in Denton's extraterritorial jurisdiction, (The Planning and zoning Commission recommended approval, condition on the approval of the two recommended variances at its April 22, 1992 meeting by a 5-0 vote.) 8. consider a motion to approve additional legal services from the law firm of Lloyd, Gosselink, Fowler, Bl.evins and Mathews, P. C., to review the City's final negotiated contract for water treatment and transmission service and raw water sales agreement with the Upper Trinity Regional Water District.. 9. Consider adoption of an ordinance canvasing the returns and declaring the results of the regular municipal election held in the City of Denton on May 2, 1992. 10. oath of office administered to newly elected council Members. 11. Election of a Mayor Pro Tempore. \ r f, /Xywda No Aclenda Ilem_ r.. p ✓ Jr City of Denton City Council Agenda May 5, 1992 Page 5 12. Consider approval of a resolution of appreciation for Jim Alexander. 13. Miscellaneous matters from the City Manager. 4 14. Official Action on Executive Session Items: A. Legal Matters B. Real Estate C. Personnel D. Board Appointments 15. New Business This item provides a section for Council Members to suggest items for future agendas. 16. 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, on the day of 1992 at o'clock (a.m.) (p.m.- CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISADILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE "ALL THE CITY SECRETARY'S OFFICE AT 566-•8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. F ~ v i CITY ~ flI NEIL COUNCIL1 : T 1)tI1 ~OOD of UF~~~i : r! TIT E! {toy ~ l~ a }I}11.~~cEoo F , M1o. , , 14' 4- 114 11 CITY COUNCIL REPORT FORMAT Ar (mda h TO: Mayor and members of the city Council _l-'----- FROM: Lloyd V. Harrell, City Manager DATE: April 30, 1992 SUBJECT: Lease Between the City of Denton and the Morrison Milling Company 9 RECOMMENDATION: It is our recommendation that, after Council reviews the lease wording option during the work session of May 5, 1992, the matter be on the agenda for the 7pm regular session for formal action should council so choose to proceed. SUMMARY: We have been negotiating this lease agreement for several months with everyone's best efforts. We still, unfortunately, have one final sticking issue which has more to do with word-smithing at this point rather than actual, practical outcome of either the city's or Morrison's interpretation. The wording lies within the Truck Route section shown on page S of the lease agreement, paragraph 7.02. Mr. Morrison has asked that we consider using the wording as shown on Attachment A. I have attached two pages numbered s, one is Attachment A, Morrison's wording, and one is Morrison attachment to sentences compare the question change Mr. each Attachment and / will wording. alow yu The ned City's are underli wants you to consider. BACKGROllND: During the previous discussion with Council regarding this proposed lease, it was stated that we would insure that no trucks leaving Morrisons would enter into the residential areas. Staff assured the council that this would be covered within the lease. Mr. Morrison's attorney, knowing that the Morrison Company was planning to invest uver $150,000 into this building, advised him to remove the entire termination truck violation section from the lease. Morrison's attorney advised that such language would put Morrisons at serious risk of eviction. The Morrison company does understand the need to keep trucks on the Truck Route and away from the , residential areas. However, due to the City's sensitivity on this issue, Mr. Morrison felt he was making a major compromise by leaving the clause with what he saw as a minor wording modification that would increase the comfort level of his legal counsel. The impassse concerns those word modifications. it must be noted that many hours of discussion seeking other compromises were unproductive. Mr. Morrison's decision was to leave in the clause, re-word it the consider as Attachment A states, and ask that council approval of tathe beCity lieves Council the lease with his wording. three alternatives: leave the contract with Mr. orrison's 1 wording. if council approved, we approve under ordinances. 2. The City Council can approve the contract with the previous negotiated City wording. if approved, we will leave this item on the agenda under ordinances. (It must be noted that the Morrison company has refused to eign this agreement with the City wording and may not agree to sign it after council's approval.) 3. The city council can table the contract and then give staff instructions for continued contract negotiations. The Facility < Management staff, Legal Department staff, and Engineering Department staff feel that negotiating room has been exhausted. r i ~Jprida No April 30, 1992 Agcnoalloin._..Ws---- Page - 2 Unfortunately, due to the fact that the Morrison Company was supposed to be out of their present building by May 1, they must make a decision one way or the other. if this lease contract wording issue is not resolved in the first -reek of May, there is a good chance of not leasing to the Morrison company PROGRAMS DEPARTMENTS OR GROUPS AFFECTED, The Finance Department, the g Morrison Milling Company, municipal services and Economic Development, Facility Management, Streets and Engineering, and the Electrical Utilities Departments. FISCAL IMPACT: If lease is approved, a possible net revenue of $555,455. If lease is not approved, there will be no revenue. RESPECTFULLY SUBMITTED: Lloyd V. Harrell City Manager Prepared by: Name Bruce Hen ngto Title Superintenden of Facility Management Approve Name ty an Title Exec Director for Municipal Services/Economic Development t r. +i ATTACHMENT "A" ngonda No. a//~--- MORRISON' S WOR:!!_VG Agonda item S CJ~ Rile 7.02. Truck Routes. Morrison shall use 4s best efforts to~ ~ a insure that motor vehicles regulate" by the City's truck route ordinance access the Leased Property along the public streets and in the direction of travel as specified in Exhibit E and leave the Leased Property along the public streets and in the direction of travel specified in Exhibit F. Exhibits E and F are attached to and incorporated into this Lease by reference. Morrison shall have its employees who operate vehicles regulated by this article acknowledge in writing that they have received instructions as to the specified routes to be followed for access and egress to the Lease Property as set forth herein. If the City determines that a violation of this section has r occurred, it shall give Morrison written notice describing the details of, the violation. If the City Council finds that three (3) or more additional violations of this section have occurred within thirty (30) days after the date the City gave written notice to Morrison of a violation and that f~r r; con fai l to t,ca ii- haat efforts to revent the violations, the City shall have the right to terminate e~is Lease by g ving Morrison notice at least sixty (60) days prior to the termination date, Prior to making a finding, the City shall afford Morrison the opportunity to present information or evidence concerning the violations. PAGE B i } r. ATTACHMENT "B" Nen[la Na, CITY WORDING Agenda 11em e_ws ale _ ~ y~?! ordinances, including the issuance of permits and the payment of fees. 6.07. Signs. Morrison shall not post any signs on the Leased Property without the approval of the City as landlord, Any signs approved by the City as landlord shall comply with the City's ordi- nance regulating signs, s ARTICLE VIZ. TRUCK TRAFFIC AND PARKING. 7.01. Truck Parking on Site. Morrison _"11 not allow more than six motor vehicles to be parked on the Lease ,eoperty at any y! one time and shall not allow more than twenty (20) motor vehicles to be located on the Leased Property within any one twenty-four (24) hour period, if the motor vehicles are regulated by the CityOs truck route ordinance. 7.02. Truck Routes. Morrison shall take all measures neces- sary to insure that motor vehicles regulated by the City's truck route ordinance access the Leased Property along the public streets and in the direction of travel as specified in Exhibit E and leave the Leased Property along the public streets and in the direction of travel specified in Exhibit F. Exhibits E and F are attached to and incorporated into this Lease by reference. Morrison shall have its employees who operate vehicles regulated by this article acknowledge in writing that they have received instructions as to the specified routes to be followed for access and egress to the Lease Property as set forth herein. If the City determines that a violation of this section has occurred, it shall give Morrison written notice describing the details of the violation. If the City Council finds that three (3) or more additional violations of this section have occurred within thirty (30) days after the date the Ci'Ly gives written notice to Morrison of a violation, the city shall have the right to terminate this Lease by giving Morrison notice at least sixty days prior to the termination date. Prior to making a finding, the City shall afford Morrison the opportunity to present information or evidence concerning the violations. ARTICLE VIII. INSURANCE AND INDEMNITY 8.01. General Liability Insurance. Morrison shall during the duration of this Lease, at its sole cost and expense, keep in force general liability insurance naming Morrison and the city as an insured and covering the Leased Property and, during the time occu- pied and used by Morrison, the Temporary Use Property, for bodily injury and property damage in the minimum amount of $1,00010001 combined single limits on a per occurrence basis. All policies PAGE 8 4 y Fs r t , 4CITY$ j COUNCIL: tct , D x r c x . t ~z, is T4 1 t, , :r # rE -1 T ail' E+ ~o kt~Itfl.~ o / ~'3 t + f { f };t ftt, r ~.tr{~I. C1 Y „ 4 DATH: May by 199V Ci,ry_COONCII, fil{1U)t'1' 1'ORMA'l' TO,. Mayor and Mewbers of Luc city council FROM: Lloyd V. flarroll, City Manrtgor 0 1f13,1; 1)1Rcusufon oC recommoudat.ions by the human Scrrvices 1 Committee concerning allocations to human services agetccicu. RECOMMENDATION: I'll(., Ilumtat Servicou Commitaee rccommemis approval tf ft human uervices hudgeI, allocation surricienl to rued the following pruliminary recommcndulAOTts for uar. of both Community DevelopmeuL Block Oranl, {CD13t3} and general fund do1111rn to provide lutman serviuert. The Ilumt.u Srrrvicrs Committee shin recommends I,haL in Lho event. Lue general rued humaut service budgel, amouul, fu increased or decreauud 1'rom Lhe amount recommended below Lhctt IIE1C be allowod Lo provide alLcrnalm recommeudaLiottn within the approved budget figure. 13ACKONOUN1): During April, the 111man 301-vices Commil.tce held 1'1111dittg heari11gs in Order Lo 1Aeses8 neCd2t, program services [tad discuss 1'uadf11g amounts With requettLiug agencier.. Committr.cs members questioned al;eacif-'a as to Lhr: perceivod used, av:I.iviLiorj t.hc )tgency would implement to meet. the need, budgetary and pcrsowtol concerns cLc. Committee mumbers procvvcSvd I.o diae11as requestn and the funding options regarding use cl' CIAM a8 well as gelleral 1'111111 dolInra. llaorricial minul.cs of t.'ac April 14th 1188, meeting are al,Lached. 11,MMAI.?Y: The rol Lowing ngencie8 ac recommended ror funding in I.ho Lu[tAlnLS indicated from the 1lmding nource deemed moult appropriate by IISC. CDIM HOPE, Inc, $ Ici,01,10 MIA Hid Conurr.l.ion $ 13,G21i PronttLal Clinic $ 24,000 TWIT Caren s 21,;174 , t, v r j3 Agendallem, q IWO )15(,' RecommendaCions Page 2 (I-ENIAML- UND CommuniLy Food Center $ 2,500 SPAN $ 26i 01) 1) Itrlendu of the Family $ 33,000 n Vred Moore Child Cure Ct,r $ 211,000 City-County Day Nursery $ 20,0()0 RSVP $ 710(1(1 110PF',, fuc $ 69000 „d Court, Appointed 9peciai Advocates $ ti ,mm Litemmy for Amerion $ 3,000 Ream refer Lo the aLtakOlled clturL for a human sr.rvicers funding history since 19149, FRO(~ItAM3L I}f;F?Ali'CMEN'('9.O[i..CItOI1I16AFFRC'rm: llequeBtirlg agencies, Community Developmmil, staff. IaK L_ IMPACT-; Preliminrupy rero;nmendaLionn will require an additional $141200 commiLmenL from Lhe general fund. CDIM feuds for human service:; lava been reduced from $89,623 in 1991 Lo $76,000 for 1992. te, oily subroi t.el: , hluyd V. Ilru rcl l City Manager Prepared ``by: Barbara Roses Community Developmeul. Coordinator Approve l: +J , \4~~ Vxocutive Director for Plancting F. 0ev(A opment. i t l3,` Agenda No._z-g-x Agenda Nom A)6' 03to r HUMAN SERVICES COMMITTEE J / FUNDING RECOMMENDATION 1989 1990 1991 1992 1992 AGENCY BUDGET BUDGET BUDGET REQUESTS REC. _ SPAN (Social Service 26,000 25,200 26,000 26,000 260000 Programs) Friends of the Family 33,000 31,700 33,000 36,300 33,000 Fred Moore Child Care 28,000 28,000 28,000 28,000 28,000 0,4 Center Denton City-County 14,000 14,000 14,000 23,000 20,000 Day Nursery Community Food Center 21800 2,800 31200 21800 RSVP 61800 61200 60800 71500 7,000 Parents Anonymous 21700 HOPE, Inc. 5,000 5,000 51000 51000 51000 HOPE, Inc. (Pilot 24,960 23,700 16,000 Program) MIX Kid Connection * 14,634 15,063 13,626 13,626 Prenatal Clinic for 24,950 24,500 25,000 24,000 Denton County Police Athletic 14,567 League TWU Cares 25,000 25,000 21,374 , Kids Place 60000 Court Appointed 10,000 51000 Special Advocates Literacy for 61561; 31000 America... Starting Over Inc. 25,000 T 0 T A L S CDBG (shaded) $54,151 $89,523 N/A $75,000 General Fund $112,800 $115f600 $115,600 ~ N/A $129,800 TOTAL FUNDING $112,800 $169,751 $205,123 $263,886 $204,800 * At this time, the program was under the After.school Action Site Program. Reallocated to SPAN transportation. R Aoenda Itent_ Rita IINOF ICtAI, MINUTES ~'/4 HUMAN SERVICES COMMITTEE, MF;1sl'1NC APRIL 19, 1992 Mcrabers present: Dorol,hy Damico, Cary Truitt, Jim Berdak, Sandra Ables, Terrance (iarr'et.L, Katy Dawson, Carol Ifiddleapert;er, Rnhy Kerner, Sandy Krisl.ofersorr, and Al llarsl.is. Member" abscanl. with notificaLion: Linda, Holloway Members absent, without notification: none Staff present; Barbara Ross, Community Development AdministraLor; Eric B4llips, Program Ahsistanl.; Nancy Baker, Secretary The meeLing was called to order aL 4:00 p,m. Ms. Damico asked it' there were any ~ corrections to the minutes of october lo, 1091 and January 23, 1992. No corrections were rioted, Rube Kerner moved to approve the minutes as received, Terrance Garrett seconded the motion. The motion was approved, Ms. Damico explained that at this mec.tin,g the conmittee would review the agency requests and mane preliminary recommendations to Council. She added LhaL when Council made a decision on the human services budget. Hie committee would have t,o reconvene and again make decisions within the hndgett providod, She tw iewad how she trould like for the committee to mane heir decisions, Ms. Damico referred Lo the BSC Policies and Procedures approved by City Council, Cary 'Pruitt arrived at Lhis time. The items Ms, Damico brought to the committees attention rei;arding Lhe agenc1em vempons i b i l i L i e.s were a"+ follows: Completion of an audit, including a goals and object ives St:atemenL, 2. Submismion of a budget from I,he prior year, 3. An expl;naLion of hnw the agency plans Lo Continue providing services, a 4. DocumenLatiou of the community nerd Am Lire scrv ice. u. ExplnuaUun of m1minit holiv, v:yvnsos vs. costs for services. SnI) missirni of infor'nial.irm rag:u'<lint~ I'uad iug regnvc;l.S from other allerlCir.r;, Ms, Dam ico nnggvsted the meqbely itiay want. Lu rev iow IheNr 1Rms I'iom each agvnrr que.stionnaiic, Silt' Lhon moniioucrl LLa1 Articic VII in the Poltcics; and Proce- duresdouumcnl disrrissr,st the priori tVs for t'utuling, 'I'hos~s ric,riLicr,, wore no led us follows: 1. iervice pr,svidh,A by ng(rnrr is; nri rr,.i,tl'iny Cit)' seivj(L~~ ~,r it All ;lull not nsO: cMI'Ffrl t r. 1 I ei t konda No. J7 -O/5" Agenda Item .~q_ ,2 _ ` W10__.S Pilo IJSC llnol'1'icictl dlinuLes April 14, J902 but that is rtpPropriat,O Al JnCal govern- ment. 2. The agency is Providing Lhe service more Cost: errectively than the City lrould it' it were providing the service. 3, The scrviue is not dupJicat•ed or that the lave) or need is not exceeded. 4. City funding is Lo be leas than 50% 01' the ageuey's total budget, AdminisLrative exPPnses should not h,r cxcesnive. Ms. Damico nol.ed Lhat other criteria included that the agency should be riscally responsible, 11190, in Lho operation of Lhe program, she added agencies should meet their objectives and coordinate services with other agencies. They must also be it viable agency with an acLive board ot• directors, Me. Damic,ro slated that in addition Lo t:hnh City Council wants the CommiLtce to make sure that, any new agmtcios funded are! aware that Lhey wjll only be funded rot, a maximrun of throe years and that thou they will rease Lo he rundedThis does not apply Lo agencies IN hiA have been runded I'oI, sevel'al ,years. Those agencies could be tecomamde'd fur n cut it the uormuiLLee so desired but., U. Damico sLaLed, they ru'0 noL required to do so, Mn, Damico also Went LhaL in the past,, Council has been coucorned ahout ngeeraivs thal, need runding in order to match and receive other state and/or federal dollars. Ltutt year that, wns it 9izeab11' amount, } ,Nk, Damico then dlscu~,,sed Llu., 1aCL lhar Wit' h~aF; advi,,iory committee to Council, She. 9Lrrt.ed t,haL she rest (ho cowmiLlr-e Il t~ valuable because they represent !..O manydirferent petmpccLives unddifrereut• poinLsor vier,, persoaalit,i09etc. SJre reII, il• was because Lhey IepreHen L ouch it bruad !,pecirum that the ,:omni 1. t•ec- wan valuah1c, It, would he easy to have' a single perscur fool, at these and matte rerconrmcndations lo Council but, the nemmsity In Ihat, ill rho Oily, r,l, uavc wally poinl,s of view, 'She KLalod thal the discnnsion would be, hoLh Tree f'.lorring aad that there r,'riuld also be a Lime rlr individual member"', Lo s;lxvtfi their shad wi thouL t•ehrtLI'll l. N8, Damico hrierc'd l ho (10111111 i I Lr e nn av tl Jill) 10 hind! She I laled I h ,l HIP c1urwnittee would clinrat!• $711,000 is QVIT dullary and turolhvr dull rr ;uauuuL from the general Innd. She LtWAd the ¢eieral rand amilnni from east pzr was; S115,110, Ms. huss uotod Hull 1ho ,^•$2,700 orlyinally alJucaled lu E'arrnll; Anonymous ill 1990 r,rs rvi-alunll,y riven Ln SPAN lr,r 1r+nsporlat1"n wo, rl houlr! he dole Led Crum the r h a I , tits, hcuut eel sl led t.h rl in t his 1'1511 I,n(klf~t. t hr amount from L11ltCi wry iH9,;rL 1 Thal wee, lill, marry, l lie tlr,~ualal M ini, . J;iri t ~lrun,cl iuu and $211960 el INAT'S„ A. 17 WIM nV!Agl Lhal tin ie;r:;uu !,Ie rlir;cul;l:inrt Llrili` c Agenda No. Agenda Item [kilo d~~" J.~-- Page I IISC Unofficial Minutes April 11, 19912 was lowcause when you WE the dollar rigure for the IU92 reyucats vs, Lhe 575,000 CDBC foods plus the 5115,000 general fronds to compare to Lhe 91 funding, the commiLLee would find that the tol.al for 1992 exceeds by n7J,280 over vIial, the committee could spend and stay even, Anyl.imu the committee spends over $190,600 Lhal, will be a request for an inc:reasc, She sti%Led the commit,t.ee could ask for an increase and slur believes Lhe committee should, Mr. Truitt asked for Warm- cation of wily the budget would only he $1901 00 insLend of the $205,135 from 1991, Ms. Damico explained LhaL Lhe CDBG CommiLtee only ullocuUml $75,000 for human services this year compared Lo the $09,000 al locaLed last. yenv, blr, ` PujLL ~ asked why. No. Damico rusi,onded Chat it Was heir choice, Ms. Ross commented Lbat the CDBC Committee has several housing and public works projects thatt they felt needcxi too hu funded, Ms, Ross continued, Lhat also included in Lhat, Elect- lion was So knowledge Lhat, IMPS, Inc, had not yet spent any of Lho 1991 funding. Therefore, CDRG believed Lhat they could Lake some Yrom the P locaCion, Ms. Ross couCinued that, the CDRG commilttc!u wars nol, aware of I.he amount, that 110111: would he i quest-ing, Met, Dawson Irsked it' IISC was noL Lo spIiL CDBC and general fluid dollars between ageucien. Ms, Hess said yes, except for 11011T.. she sLatcd that they had received funding from both sources in the pasL and felt it HSC wished to continue funding the separale programs, they should make that, recommendation. Ms. Ables asked if the committee was going to look "IL Lbe (AIRG separaLely. Ma, Dcunico stated uol, MUCHMUriIy, Lhe reason those agencies canoe to IiSG ras becaulse Lhe committee could sve Lhe whole spectrum 01' What was needed in lilis alrca, She asked Lhe committee members Co keep in their Lbouhhtb which agencies area appropriate for i.he CDRG funds. Ms. Krisi.ofersou 1lolnteci out tint, ul. a; Lail'I"s request, no more than five agencies could be f'nudetd 0 01 the CDBC allotted dollars. She said it might, be benuficini to consider l.hosu ngunciUss first. Ms. Damico reiterated Lbat they should keep that in mind, No, Riddlesporger asked wlliuh agencies rocei"A CDBO funds last. gene. Ms, Damiuo reviewed those o4oricies. Ms. [kunico ssl,aLed Lhat. I,he (;emmittee nulst keep in mind Lhal, Ihey cannni. iw everything Lo uvery ageuay that re_qucsLed lundiui;. She wanted Lo Ilet;ill Lbc discl.lssiou with the new ngenv&s feel ing ONL Lhv~ may s,;lrrlnt c-ztcnsiivc discussion The committee hr•yrtu the discussion wAh Bids Place, Mr. fruill. lulcd that ho had some lrroblerns Willi l.hu org;Inie,ISLiou, fie roll that their hcurls were in If:( right place, ILI& Lha program wa>; wurihp, but, Mr. Trnil.l cont'[11nel, }a_~e;rrdov the r;olnmitLcu was told by U C11S prssl'es,slonxl 1-1[ad Ihey hove had no nobltins placinq emergvin-y infants; :Ind t.oiliers, lhercO"", Mr, '1'1,11i(I axkoti if Lhcf proposal was-, primarily 1'ur iu1'aul. and lo;icilur c;lr., Mp. 'Iruilt raid that, the Cr1S,1 lriiwam rcprev<cntal.ive, WWI Uomcycr, oho has wovl;e,ri or Child Prolq,cl,ive fasted ticrvircai 1'1-II that Ihc, cmcr+;incy l?Luam~~ul. (1l' infants turd toddlcr~i ill homey wos not a prohlcm, II,, strited 1 hal, Ile tIutrportI'd Mrs. (iol'i l 1 curd I~ncir -.he fi.1!i dolllo .'J w<)Illlerlill Jeri Lryi.n" to gm . I.hin jogwranl lc,s:ghu". Mr, i'ru1Ll - mcuLionrd auurl,hei cuuccrn as hciucy lhil~ !Is, (;arrelI .I S,kilr~ I"'r r1lild I~r ra~nl ii Agenda Item ~S 2 i Ralf Palge 1 11SC Unofticitli Minutes, Apri 1 1-11 1997, a house that, she owns. Ms. Ross sl,aLcd L11at she fell, the City Attorney alight have some concerns shoat providing funds to an agency in order Lc ptly relit on It 1101.14e ttlaL the agency director owns. Mt_. Damico agreord that iL might be it prohle m, tlr. Truith saki perhaps Lhe comma t i.ec 41101116 not, fund Lhe age IIcY bowed oil the concerns mentioned and Lhe luck of funding for ,iKeneies ill the City's budget. Dlr. Truitt repeated his praise l'or MS. (,tit, re and the oLhvi` indnt Idaals Who I'.ava worked with her ulr this pto,lucl., He Stated that pert lths I.heti needed some guidance oil haw to set up a nrolcct wach as this. He also meuLioncd that perhaps they 411ouldn't. rely oil the Coments of n single individnai legilyding whether or noL emergency child care is neceded, Nis. Kr i 41,ol'ersoll pointed out, that Ms, Ilomeyor was itot even aware why she was asked the question, so she was probably a good Sout'ce. Ms Kr'iSlOV01'4orl felt that. M4. Garrett was not able Lo adetfurrl,ely answer the Commit Lce's concerns. Shc Lurt.her 4Lato(i that .site felt. Ms. GnrreLt's lack of numbers concerning need was very di4ttn'bing. M4. Damico asked for additiminl comments oil Kids Place. Ms. Abler said site agreed with Mr. Truitt. She stated that her main problem was the x6,0011 for rent. Ms. Ables pointed out that, she approclated what Ms. Garrett was Lrying to do mill that a staff' member 1'rom Hig llrothcrs/Bit; sisters was working with her but., she Still Felt Lhe prOJec:L Should not be f'ululed ttt 1.1114 Limo. Mt,. Danlieo reminded c:ommitlee members Lthlt the City cannot contribut( henernl tluld ttrx money to any of tit(! rl,gencacs. They ccuusoL make it donation. 'T'here must be a co,,Lraet, ror services. MS. DamlCe 1'Llrt.her stated that, She was not sure wbnf, Ole aonl,ract would be for ill Lhe in4tance of Kids Place. Ms. Kristorerson asked iI' Ms. Garrett would be told specifically what the problems with ilea proposal ware. M4. Hess 4aid tilt request.ilig, tgencics dicl not receive it letter explaining why they did 1101, teceiVQ It tecommcndatrOil for finding. She stn Ied LhatCoIll Ill uniLt 1) eve3o11 metlt Sint ottL IltLeI, s ~;taI,i11g w'hctl the. Committee's deCiSion was erld told nlroncy personnel to call ii' they have questions. Mr, he lck asked it' Ms. Garrett rlquest.ed tu11ds Iasi serer. M';. Damico stated ycs, Lhal, She requested CIMG last. year. Mss. Has, also added 1.1110, last. star Kids Place rtes not I jccsuSed for operrltionss and (11(i nol eklock, t( Lit up sold rull11tJn; ally Lime soon. Mr. Truitl, as±kad 11' ihcy already have t.h(tr trlx ctrltiI'IcaLo, Ms. Hosi replied Lhal, 41ne had brought, ill lint lrcenee with ill(' Texas; I)rluul)oO OI' 111lmnu 5eevlces. Ma. Abler pouted out Hutt she believed the license eras t (mpol ary, i l h IdS 1'] tae doe4 col- it house parrllt in G0 - 90 Bays Lllr license vmuld no longer bo. vttl id Mr, Powlel; asked 11' HSC' had ,rt total] huds_ et .tk w1;I11,1.011 M!4 ltow; repl ied .probahly", Ms. pumice ngrrr(l, Shr staled that Lhr I iUUtl lartss ntobttbly whal. Lhe bndKel, w<,niIf he in 1, J14 end ylr. 1ka/(h !hen 1aIA eel rOCILlWO sort ,BH6 Ill- Latcsl t bat l.ile co[luli I co nerds t,41 I edw:( 1 quest s by .lpproxi mnto I v 000. pia. tll i~j lit) Id a~Sl milk ('jj1( I'ltit(t11 1~ 111U11S i1 t.~ IlIIS~111I tnlllll;t(1',- l~ olllid full ~d i r al~C (t 11o also il CrI1C*WS, vk slnlti~d w 7. PeuFru lIVC lhiofficial Mitlul,es t1p°i 1 l,l, 1992 gpecll'ica Ily ment,ioil iI%g Starting Over, tits. Krit;lute~rson menf.ioaed Chal ?fr. Dczdek was trot. preaenL for heir prcyent,tiLifill . Dir Ilezdek ~I'll ltcrly'tintSllni'Ling each oi' the questionnaires, Ile nuts-'ct hltat rho ditrctor str Over's budget, wns $'101(1(10, Ms. Da!nico explained Ohai, Lhe coouuit,tee +auuld dtscusg 5tati;ing Over inn few minutes, She also mentioned Olaf, thr committee may have cut ~ CD Ullit,od Play `help etlmeFiit. aLithat alLids locatcx whiclt site F filtuiitng dill thoy Jid have $7ti,00O it on, Ms. Damicu asked for additional commelits on Rids Place,. Mr. Garret,O agreed wil.h Mr. 'fruiLl. tu,d Ms. Krkt,oferson, Ile was concerned about the use of $61000 for relit- oil the hoots? owned by Ms. Garret L, Mr. Truitl, Agrain noted that Ms. Garrett may hilvo mAllally purchased that; bootie for the purpose? of Lousing Llais program. ked placles r flier to nlotclal diolr mll,e hoost, islti, Garri-AJ ;raun `lawl Omt Ole neitgIIbotrlhoodR 1401ilci~'ctot accept the pro,jecL. Ms. Damico poillLed out Lhal,Mr. Truitt, Ms. Ables, Ms. Kristoferson, Mr. l3ezdck, and Mr. Garret.L till agrocd that, Kids Place should not be funded. Ms. Dnwson also agreed. Ms. ICrrner gaud flint, she reltCie City Ico0A be making payrnonls rotikylil. Gtulref.L's house. Ms. ICristoferson Lt.at,ed th'tl, when she I needs to be made clcau• Link, she should re-evalual,e Lhu need. It' Lhe treed isn't, for toddlers then her proposal should Lars;et lecaage housing. !ds. Riddlesporger stated Cant, although she did 1101. hear Ms. Gavrolt's pregenla- Lion she agreed wli,h the vwrnbers. lls. I(erucn• also tugrecd with commil,t.ee mambcrt;. hills; Place. Ile slated Mr. lltuaLis agreed thril, no fundutg should bu provided Lo Lhal, ht hot,rd aboul, Lhiv I.wo vt. crf. ago nld I.hat M~ Garrett is very perst,,~Lcat. bull, he was not, sine, what mot-ival,ed her to aont.iuttc seeking holding iw, I.he pro,ject~ a Ms. Llit Ill co thus nakr_d comma 1 Lee memhcrs I m d isc lvmi 1.1rr Ml.l( 1199111 andl `J1 requeaL, She 'Latod thtit, t,hc prograur had rrceivcd CDIµG I'undint, in turd were rogtlegl.ias; it 11;4011 t.ktili year. Mr. Gatrc A statrcl hI; had talkrcl Lc, Iacolile inciudinq rnomlwvs, of Lho MLh advitcory commilI.c,, and people who work lbr Parks and lioc.reation. He wag told Lhal. PAkD had Lhr I'nnds t0 carry out Oils progrtcm. Ile coatiliuc,d t.hal because of the probliln•, Lhni, the program had last. vartr i I ccvts nn lcatger heir; funded by Pnrlc but, he t,.ts lit' the +rndc t vl andina+ PAI;iI does have Lhe nu,uey to Raid Ihia program. Ms:, hristotor',nn asked who g:rvc ?Ir, uhI've II this inYnrm;rII, n, as;liiitpactilcft lly a l' 11. were Da I ton Grr ui 5hc Uicn st.tcLcd t hat . t.all.c d ! 0 Mt (ire or v 111111 he gl,aird 1-.hat thl_rc wis no wily Hwy +.ouid i'und llu,, Als. No.ic Anted n lyd hint. lAthc) it nu ,l. Al l n h x I'nndad i!. as all nl'tet school luuc-,thin I,ul, lh w1t I PAM) rJh,r :drool programs are fcr snlipoiLrci, 'ihr• conl.inued 1110 they wi II not carry, tali, till alter ',drool IcrOti;r.cm unlcws it i'~ ire bae:rd or suhsidia,od lr; i'D1lfi. M". Dnmico Staled 111:0 t,'uc Lct,qur_, of Human 1'ol oltI is: 41 ucl, in:; lax -snluor,rt crl v". v r. r Aganda No, 62.9 Agorida Item 4)t_ (kilo -p~ HSC 3 }IS;J Onofficittl Minutes April 1d, 1992 Fee-based services, She pointed out LhnL 1ARD is the CiLy cdepn4 meat most involved in lee-supported services, Some of their activities such as the centers' lid ldnrgs/cquipmoatL/marntnnance are tax snpport+'d but, the individual ac Li viticls provided a1- co nLers aro its tIII ]ly fee supported. She noted Lhat, some activities are CoLally supported by lees, The art.ev school progr:uus ore all example of this, She tans not sure whether PARD C991ti. suppnrL Lhe progrnms, AL A this point they do not, and if' they supported ML-Ps program Lhey would need to support all the othe;rh as well, Ms, Kr Ls Lo revs on stated hhnt she was impressi,d with Steve Johnson alld It ll Lhe? subsequent people like M111 who mentioned holy they enjoyod working with the Kid ~ Connect. ion. She noted that she would like, to Feave: the feuding rot, MLK Kid Connection illLact, Ms, Dawson note,1 that Lhe Widget, for Lhe 1992-'93 year was reduced over previous years' bud,geLs, Ms, Damico rcforred again Lo Mr, GarrU L's remarks, He stated that he was merely repeating what he had heard He fully supported the program, Ms. (toss mentioned Lhat she asked ahl,eudees at. one of Lhe C11DG public hearings in the East DenLon neighborhood if they wanted Lo continue the program and whole- hearted support was strongly indicaP? Ms, Riddlesperger stated that. the program had exceeded expectations, Ms, Dawson stated that she Felt that the total beucfiLs of the program would not, be nppnrent, uIIIAI later years when Lhe children -grow till and are abte to conl:ribaLe positively to the commmtity, Mr, TruitL noted that. Mr, Johnson said that he could cont.inte- t.o run the program wiLh the deletion or special services end supports staff, fir. Tru M stated Lhat with the very Light, budget members may wnuL Lo reduce the budget by the $3,310,09 represented by the items Mr, Johnson meutlonod, Mr, WMek, Dis, Able;, PR„ Kerner and Ali,, Barstis also supported the program, Ms. Damico asked rommiLtee members to stair fit UliaL level they would rand Lhe progrrun, Responses were as follows; Truitt, - $10,500, Dezdek - $13,000, Ablcs - $11,000, Garrj?t( - full. funding, llawson - 13,000, Riddlesperger - $13,0210, Kuruer - $11,4{1G, KriMnlMon - 13,000, 13arsti s - ru I l Win. Pis, rlrtmico then asked Lhe commit.terr to discuss TM) Cares, tihe sLnLed Lho} had heen funded by CDDG in Lhe past, They rcolleNt,ed $25,1100 last, toar and were funded at. I.hat. aniounl„ Then are nfrdrl requesLin, $25,000 this year, bta, joss provided a sLnLut, of currunL funds, She slrtlr-d drat. 1111,1101W,11 IdW believed lhcy hnd expondind around $]5,0{)0 for denLnl ertilipmertl, and ~,itplllie-s, Lhl•v had not. yet vcynusled ally rerlnbur•sometrl from Conununit? Development., Slrr added hhnt Lhe contract. rrur from October I Lhrunsth Septenrhor 30. fir, 'IrnitL sLatad that hr couldn't, Ihial; of a prorrnm Ihrrt 1ISt' e,„uld fund oLhr-r t:h:ur Lhir ProuaLal (1 Loh, LIVII provides is iuruh (heir( quid nur r!;ary help to it Ili+ns, He nitcd that Whing is more hank than lwallh ore vls;, Krit.Loler.- A sort said that tlti, is on,. of Lhr Only plncrh ,env r . 1 i bin^,' Ini,' c',1~,1 err frro 11 111;111 ~ t C e r. Agonda No, Agenda Item_ SUS Page "r I w O /9 [Ise unot'ticial ~linnt.es April 1-1, 1992 care. she wtta itill) ressrxl with Like fact, thal, local dentists arc volrtnteeving their Lime. she acided she would hate Lo riee this agency cut. Pls. Damico asked members 111, what amount, they would fund Th'U Cares. ape stated v Lhal she fell as much as Ms. Damiltwr were given, she could use. Ms. Damico tau; not sure what services the ccutcr would cetts0 to provide if' some funding were cut., she felt they would try to continue provng most, services they 11 ow provide. Ms. Dawson wits concerned I:hat it the cominiLLee fuliy funded Liu. Kici ConnecCiou there would be leas CDBG Binding for ot.hcr programs. )Is. Damico suggested that Lhey could give each of Lire agencies if til.l,le less. 'f'ile members ,iuggosted funding at, the following levels; Barstis - full funding, Truitt - full funding, Drumm - $20,000, Dczdck - $20,000, Ahles - $21,250, Garrett - full funding, ltiddlesperger - $20,(1(10, Kerner - full funding, Kristoferson - $20,000, Damico - reduced. ,pls. Damico stat.cd brat part, of her reasoning is that TWD is involved and Lhey have money available I'or this type service. Sire added t1111, she did 1101, titan. Lo give TWO money ,just so Lhey have it place l.o pul, their clinicians. Mr. Truitt mentioned Lhat TWO has a grant. Llutt trays for some release Lino- for professors hLiL that. they can't provide any direct money. Pr. Rarstis staled Lhal Peggy Drapo will he requesting grant, I'uncls. Ms. Ross 'toter{ that Ms. IlamiILori was requesI Ing Lhia money ape.cifiertlly to pay deul,ifit 's if needed and purchase addi1,ioual equipment and supplies. Ms. Damico asked members to address' 'ASA, Lhe court advocates. Pls. Dflw,on st:al.ed that she was very imprv~Isad with the t,reseIIkkt,ion add their ideas turd goals. Mr. 'Pruitt mentioned that this is It reputable, nrtl,ioall organizal,iou Chia host been very active in Life middle slates that, are .o progressive in Lire criminal ,jusiace area, mt., 'rvuai, felt, that 'roxtts is lacking in Otis area. Ch'. 'I'ruiLt added Lila[ it. is a very well-ruu ol•garliraLiorr. Ms. Krist,olerhon noted i,hrtt Ms. %cAdtuns' resume, showed her qualil'ioaLions were excellcuL. She contitiucd that she tried to work oil gel'ting this pore t.wo yaws ago and that it, is Lhe judges, Chill make till Lhe difference. She mentioned Lh+tl. Darlene MI it trnr had gotten I.he '111]1port . of the disi.riet. ,jl3kitre8. Ms. Dawuun slated 1.110 cr,mniilt.oe probably couldn't. give them all they n5ked ifI f.:0MIni1,1.c" members Lilt-u di'icussod Ih(, 11rt;r,11)1v levels of funtlint; for t.h0 organ i Zrtl-,ion. Pls. Damico "I'll Led that silo fe11, CASA was rill cxcrllenl. orr;nniiaLiOil IML, shrt w, if not cure Lbal, it, could fit under I.he guidoliwr• of a "city service". she thnut;ht perhaps Lltey rr<tuid sl.tirt 111t and the commi t t:ev members could stir hoc; t hoy 'c., EMI; Kr iIf lofersou statscd that she 1'elt. it war tt Cily and Counl.y o0nl't.I Pis. DIulieU replied 1,hnt, Lhey were Connt}' courts, 1111' VjIy'r, cu+uA is Ih41 mnnit•ipal court. tad r11 i16 proLecl,rte slrtices ttr41 I [;tncllyd by Ih(I t'ouuly. Mi kviet~slerr,r~n kod iI' I,till t meant. 1,hat lo. would "tu1 l0111ttt'c41 1 1y, NOI Iw I'uedcd M1;. Damien r~ p1ir11 mr,~, '11141 waR jnal saying tht,t sbc' would 11OI fund (hem. She nULed Ihnt :A wag urtlt oae co111111 ec mentbo r. Nonda No. Agenda 16 Page 8 IISC Uuofficiai INifuuLes April l4, IM Mr. Hezdek mentioned what difficult choices the commitlree had Lc, milk-, Nis, Ross asked ii' members were Lhinl<ing Lhey would increase the general fund budget to fund CASA. Mr. Truitt said he understood where Ms Damico wM~; coming from. Ile colltilluod that, it, might be difficull to docliniont City of Denton resideul.s, However, he stated lie Baw many bencl'its for Denton fatniIies. Ms. Kristoferson mentioned that Lhose funds (could he Dilly to get them still Led and in three years they could come under Utlited 1;ag aucl gcL Funding from ol.hee agencies. Mr. llarstis SLateld Lhat be dici not, ,'eel the CiLy should support County functions, Ms. Dawson noted that CASA had stated they lire also going to Lewisville till(] the County with ftltl(lillg requests. Ml'. 'I'rtli tL noted that. all t'.he agencies i'unded by the City serve some County residents, Ile contillited that, he, tiid not necessal-ily Bee this all tl County function eaxceptr that it' goes to It Cotll'l. that is mainl.ained by County fnndl, Mr. Harstis asked if CASA's nationni organization could not, raupl~'rL heir local agencies in order to get it going. Mr. lruatt skirl he was not 8we. national organizations had the funds to do that. MB. Krlstoferson pointed out. LhaL Ms. McAdams said l.he national organiznt.ion did nol, have funds ror that, She continued she would like to show support., Ms. (loss noted 1.1110, she attended a meeting with representatives of the Salvation Army Lhis wevli and that, organiza- I loll uses all local funds, not national, to support their services Ms. Ail1e mentioned that. Sig Brol.hers/Ilig Sister also e10 not receive support from their 1latiollal urgollIzation, Ms. Damico asked for addit.ioual C,mmCnt.s Mud lhen asked cacti member to address the issue. The commolil.s were: as follows', l'ruiti -start up meney, llrzdelt - nn I"undingI Ables - start up, Dawson 000, Ill Ill] Iesperg,er - some supporIt , Kerner - some snpporL, KrisLoferson - $7,500, liarstiF~ - no support, Damico - no support, UarreLt - no support. >Is. Damico restated that, she felt, this w,tS not, ,tppropr i Mt,o-tts n city Nprv ice. MR, KrisLoferson said she'd like the City to sco that tllerrN are Iola agrruci..s cUn1 'ul LU toll that, need to be ree,ogniv.ed, Mr. Tvililt poillLed out [}1111 Lha goal ell' the agency was Lo assist as court. advocates to seduce plac;rrmeuL of chi ldron ill a cafe n111•LuriulT home, Ile' CoIIIJIlued (.hat I.ldH was I'rtndiug help to abusod chiletroll and help slop I'amily violenc<t much like what, 1-be City does ttiromell Friends oi' [lie DID) iiy. Mr. Ilarstis si[Meri HIM ho fc•Il- Or judge rrhonld provide Nrsonu. local IIadoi-hJlip. Ms. Kris+Lofersol and Nil,. V1,101I slated that they fell lldge Whitten WIks providing that. Icxdershih, CASH presenters slated t,hal thc~' 111111 HIP sIrppUrL ul dud+;c Whitten and othel Juelges, Ms. Damico felt Ilvit, hla, McAdams; was sul'I'icient.ly soil-versed and that, she would riot. Ixy to Oart up an ttgCuc,y withoal, lAv- support. of I-he Court.;;, Ma. DanliCn reminded memlmcrs I.hal she did net sumpovt funding, the Mgancy, Mr. RIUS1.II 1•ritl-rllt,od that uol.11in+; ivul bc.m publi>shgrl roltard ing tkv pit It'mpl. Lo :+cl, up thin service, Ms. Damico rapid lhnt. was Lrne, lather commitice memboi-Fi Akil, r.l I ha! i L had bred lPri I ton rip in I.he I,~wi:rti 111, paper 111111 111,11, fit;. ylf;AdwuLi and Nls. Ilomeycr StaLcd t.hal thou wan(I'd to put Ili article in t-he Dent till Rueord••Cl~ronicle, ' e. 5 1 9 1 's Agenda No..._~ :~1_-•-- Agenda Item___. # Page 9 IISC Unofficial MinuLes April ld, IDD2 Ms, Dnmico reviewed the members' responses, Six members suggested rcefuced funding levels and four recommended no funding. 6 Ms, Dnmicu asked the commiLLce to discuss WrLing Over, Inc, She yLated it was all alcohol and drug rchahHUntion center Lhat, was taking over the North Texas Alcohol and :crag Ceutor/The Ilavells operations, The request was for $25,000, Ms, Aisles said she was opposed because the agency had not, yet received heir 501- C3 status, Ms, Riddlespergar eLnLed that she felt Lhe message wan hood but, the messenger was poor, Committee members discussed the presentation by Rick Gibbons, Mr, Truitt poinLod out. Lhnt the service was desperately needed, It was meniioned in the public hearings and on IISC's needs assessment, Mr, Truitt mentioned Lhe exorbil.ant cost of rehabilitation. He noted that. It(, war, not necessarily comforLable wiLh Lhe n9ency, Ms. Kristolerson e,oinIcd out, that Lhe agency Mr. Gibbons is working wi1,h is one or the longest established lu the Dallas area, Mr. llezclck pointed oul, that Mr. Gibbons listed cost- of srervice as $36,00 per day, Mr, POILL pointed oul, that, Lhis was a halrway house, A 21-hour- a-day, supervised facllit,v wiLh AA and NA groups for people coming out of treatment, cenLers. It can be a place for someone Lo go who is not, in Lhe Lhrues of Lotal addiction, Mr, Truitt fe1L that, since this was probably the only agency in Denton providing Lhis service that Lhe County would likely contract with thorn but he was not, cel-Lai❑ at. what amount., it, would be oil a per-client basis. ke also mentioned that, in him experience, the people who run these L.ypes of servicos are a liLtle different auul chat they don't always; make ,food pres;entnt.ions; and yeL, they usually are well-versed in Chu, needs of Lhe client and caul meet, hose needs, Mr. GarreLL saiel he felt Mr. Gibbons car,:, across os unsura of himself and therefore there were concerns about the pro+ram boiu.g successful. Ms. Daruico mentioned her concern was Lhe $263,000 budgeharnd Or uncerLaiuLy as h) the basis of that; budget She was unsure as to bow many of those numbers were "blue sky" numbers, Ms, Dawson and other members fell, h,r wa.; nut, able Lo adequately arrsw,,-v the ilucst.ion regarding 01e DircacLor's salary, Ms. Dmnico asked Lha members to comment, on tundinh of 8t a ring (wr. fhc mwwl cr,~ comments were as rollover..: HarsLis - uo funding, Keruct, - no funding, I{irldlcaporr?er _ unsure at this, IillW$ Dawson - no funding, GarruiL - no rending, Alden - no rundiuv, i?ezdcic - na rund1nq Trui LL - r• , fi ncl1uq, Ms, It ichi JesIn nr re°r 1,Ill, u made the I'nndiiI; deci:{ion Lin all i nexus. Mm. Damico !.hell asked for a discussion f LlrrLIIesacy Prot.;faun, Sht, uuLed I,till t. they had not recpussLed funding Inowinu5ly kind poinLe°d out that they were at, one time funded i,frrough a library grant, dLs, Allies said she wuuid fund thew, Nile WIPVCcl literacy is a ina.jur pucill'-rn rind Lint him, agency was duinq n goad ,juh on i IvA r Current 3,ilUl1 bungel , M r. (,a I, re tt felt Ural. Ms Monlae;llo Knew what. he war; Iselkiuc about, She provided slatlstics on the nerd Ms, kri4tolcrs,un added I,hat Ms, MnuLrequr cxplainc-d Llsnl ;ho se vecl nee do over and above whO !lie library vc,O l urt i r, Mr. Pezdek sl mled I,hnt, he felt I.he public s,tpools s;hrnild pwrPorni thili lumtiuu. %it 'P it itt c. respondod by s+aiyiuf; Ihat ;Mutt eelwcat.ivei Polluting thrr,ntlh tkn- meet, C'ounly Adult t, t~goflda NO. Agenda Wio Poke 10 1183C Iluofficifil Minutes April 14, 1992 &COMAmting E.ducalJ.on programs do have basic: educiition programs for 17-year olds and up. Ha couLiuued Cfiey do not have children and computer, components but, l:hey do have a basic programs, GLD, etc. blembors stai.ed that, the Frod Moore ptogram was similar and t.hal, Lhere wi l l be a program such as LhaL at the Old high school . Mr, Bevclek reiterated Lhat he reIL this was it school district Cwtctton. bls, Damico agreed that site was not sure this was a "city" service, Mr. 'i'ruiLt was a not. sure why Ms. Moutague's program was noL tied in with the curreiiL :adult. edncstion programs, Ms. Abler asked Chan, the cummil.t;ec make cevLain thal, thls tons not to duplication of services. Mr, liar-.Wi pointed oil(, that, she wits only asking for it small amount or money. Committee members discussed Lhe excel [ellit. materials I:hat, Ms. Motll.au;iie was planning to use i❑ t.hc programs, Mr, Truitt 41 noLed Uial the Cook County Coop's program wits funded per student. so, Lhe hjglter- the number of student's, the more funding tho staro provided, 'There wns tlloverore no reason for the program to turn away i,hose r,eeuiug assistance, Ms, Korner root that ms. MonLtrgue's program was wouclorfut, She rclt; some people who wouldn't. go Cu the high sr;hool might, go to this program, MKs J rHAof'erson sLaLed she, relit they exhibited comuautit.y support, M1°. TviiiiA responded t.o ,Ms. Kerner by saying some of Lhe programs he menl,ioned are ol'I'ered ill Lhe first Mel,hodi,A Church others arc offered on buslucss Rites, outs is offered al Probation off ice. It, is not just uL t.hc in-school sites, Mr, TCnit:f. Corttitwed that, if you have ten Studenl7s they would start it pr'ograni aiflauit. anywhere, Ms. Damico slated that the program is housed at the Pediatric Clinic where sbv is on Lhe board and they are working: o-rith the women who come into the clinic, She nlso sLahed she believed it war; an excolleni: program fond that they have a very impressive executive hoard, However, Mn, Damico staled that. site was 1W sieve It, was something that. Lhe City should fund. BeLwecn the 101,avy, the schools feud the independent, lil.eracy programs Hutt the, o'il'y can Koper iho•y get- ot.her kiocis oi' support, buts Ms, Damico rcitoratod she did not, see it for a 'cit'y" service, his, Dnvsou figreed Lirit(, iL was )lot. real Iy a bnsif~ heed Iii;c food ov Hhelf,er, ' The commit.Lee cont.iuued to discuss I.Ite various jWW 'i'mam ofl'et'ed b~- the s,oAtool district. and ether entities, Mv. Darn ico asked ouch mambo t.o rOJAe 1!lefr' view Oil whether or not tiW 1 i Lcrrfie:° progi-mm ahnuld receive rundiur;. 'fhc incrninrrs coVUnents iaerc ax I'ol lows; iirtrsl i!~ - I'll tl hind irig, Krislr:hvsr ou - fibsl-ain, Kel'rlel' - full feuding, Riddfespergev - redueod I'unding, Diow~'on - raducctl tnudint;, (larreLL - I'nJl funding, r1hleS - rerhri,(1r_I fnudiur;, Truil.t - mr t'unding, Dtrmiclo - no funding, Ms, kHstofersoii 111•o idcd to 1;n with the reduced 1'1111dilig opl.lou, The Committee Look it hreal~ at tits Lime. The Crnnmi t Lcc returned from bivA mart Mrs., Dami r;c, ticked mi-mher;i In pi-oparr n disco<ts the agencies, 1.11ey haul 1'Ini1led in pruviouaa yeru1:i, lho first agency to be di5cllm; col wa' I,ity-CumntV Dtoy \urr,orc, at thi~iime, MS, Damico ud:0od thfrl Iho vc mio'Iii in,t nrc rl h, a, mn_It Ali;cns.r;h+n i Agenda 11cm -kAi Rite F'nge 11 NSC Unofficial hlinuLes April. i-l, 19(,12 on Lhe relntive morits on these agencies siuco the Commiti.oe had believed thelit as befog worthy berorc, sib. Dami(o 9LaLed that, the t.wo day care ).taeucies are bout, with the CC?NI; requlilt, lens, ill n situation that, are really fluid right now, In Lhe past number of yoarm in which support, has been granted 1.hem their services + wore able to be well documenLod, With Lhn VTMS now avatlable to the "for profit" day cares applying for them, low income families have more choice options available to them then just, the two day cares wr_. Dave funded in the pasL sad Lhis puts Uu,m in a whole different: light. Ms, Damico opened up discussion for the City-County llay Nursery. dls, Damit stated their requost: is $U ,00U which is n sizeable increase from the past Lhreo years grants of $14,OOD ench. Mat. t{ristofcrson proposed funding at $20,000 commenting Lhe agency has accounted ror everything they have a well run board, dedicated volunteers and are neh going to See iL fai I. Mr. llezdek stated he served on the board of directors for several years and stated that Llcey serve a purpose he felt was n great educational bonotiL and proposed funding tat Utr.• 1991 dollars of $11,000. Ms, Darnico pointed out to Mr. ltozdek that the requested increase by the agency is due Lo there dropping their kinderparton prwgram and adding a Loddler program which would make !be program more expensive since regulations require them to have more SLarr people per number of children. Ms. Ables proposed funding at. $14,000 mainly Wouser she was concerned with being nble Lo holonce the hn lgel., Mr, WWI. recommended funding at $20,0(70, Ms, Dawson rocommended $111,01111, Ms. Danuco asked n(abcrs if anybody wished to discuss Um re•rruesL farther before placing I.heir recommondaLious7 Ms. Drueson stated that it was clear lo her why the itrcreas4 was tcekvd for but started Lhat, Lhe CnmuulLec ltad to be realistic ill recomureuding increases based on giro budget, they have to work with. Ms, Itiddlespcrs;4r recommended landing at,. $lb,000, Ms. Kernor• - $10,000, Mr, linrsUn - voted to go with t he major! Q5 Mg. Darnico $14,000, Mr. Truitt recommended it reduced amcmnt,slating IhaC he didn't Ove. a rixvd i 1gure. Mr, hozdek asked i f t.ho C,onnnit.tce would be N'Stl ted to 1,10 $190,(IowMs. Damico SUI(ed that, the Cummitlv:e could ask for more. She Stated that it would bey unknown to whether rue increase would be grantcid Lo the CommiLtee or not, Ms. Kristorerrson stated to Lhe CcanmiLlem she felt very sLrengly Hutt. tho ComuriL1e4 woulnl coma very close to budget, Ms. Darnico said gilt' felt Lhe Committee could and :~hotlld ask for ant iuc•ranse ire I.ho hrldget bacauo there really is cu 11-vil, Ms. Damic4 finished the meal auld ~,Luted thai, it had been determined IIrat reduced I'uuding would he anted y-Counl.y Day Nursery betwoun $11,000 and $20,000 has"] fill the M4mbers rocooimendations, Ms. Darnico Lhen opened diNcussion of funding' for CommuniiN Clinics for Denton County, Nth, Darnico stall([ Cho Committ.ec hn„ had rrrque5ls bOrotC from the arrjr?ncy and did not. fund Wit hPcrurse the C i t.y was unwilling to go on record as supl)orting w1111 1-ny doLtars a iWallh naMncy. (ommunlty t'1ireic,s last >oar q11. money from CDBG and that is where l-heir vequo~:t went asiain ibis sole. ~Me;. D:cmicc, asked momberm what, if any, disruision IMy wished to hrins t'o mmud:0 this I.imq. Mrrruit,t. 1-aced IJucl, Ihrt were •wkiro, tiPr'cilr,a]ty for money to ('fill(] 112 0l' a certrlied nt"nw/midwire Anivion ror pr~.nsrt.al ,:avo, M>- Darnico said Iha L way, crorrect, crud Iha L 1.114 ~,ervie°r funded would log the delivery of l;rcnrclit l care Io the peopJ.e in Donlon (;firmly. N1I `rrr1iIt _clrrt,'d thou 111o•joriIy .rl' the nu;Inc.':, r,s~,igI-- A a itce ,roe, cheats 1,11h tlit of Dt-nloil . M i i iSt„ c fcrou rc,sIommf•ndeci llnadinrr - 4 Agendaltent W,S_' N to Page 12 HSC Unofficial Mirnrtes April 14, JU02 in the nmount of $20,000 hecaus,~assuroiug that'I.hey now have i,he medically under served designation for the County by the SCate and the Federal government, they can now receive grant money (even though iL was stated Lhes, ;rants are not assured them) but, Ms, WaLorersen loll, very strongly the agency would not have gotten War designation if indeed someone was not going to apply for and receive additional grants. Ms, Damico asked members if anyone had furtherclisoussfon of this agency, Ms. Kristofersou asked if this is the last year for the agency to receive stoney from Lhe Human Service Committee? Mm. Damico said she did not know, That if every myt+ agency that, carne to Human Services was only t;'unranLeed " three years;, and this is the agencies third year to come before Human Services, and the Committee has never granted this agency money in the past, Ms. Damico stated that, she was not sure what Lhe full ramificaLions would be, Dts. Damico stated that Lin, CDDC dollars are not, guaranteed from year to year statilu; I.llo Federal government gives if.or Lhcy don't, Its, Damico stated t:he (t1)BG grants are to be used to ttpgrado low income areas and that fifteen percent (15Z) of Lhe CDB(} funds can he desis;nated for human services, The $75,000 Lhe CDIJG Committ.co has given the Human Services Committee to work with in for services. W. Damico further stated Lhat, this has nothing to do with the Block Grant decisions but, Lhat if next year CDBG chooses to give nothing toward human services, they could do so. Ali example would be a big project that came up in the city titre( Block Grant funds were designated for in which no ItorLlou Of these funds could he spared for human service designation, Mr, Trout stated that on page Vivo of the agency's budget., 1L indicnLed gross decreases of rundiug front Other siourcon or their past years, Mr. TruiLL Untecl that maybe the medicaid now available to the Ctinic might make up Borne of L.hose landing losses bill; said ho was courernod or the lesser amounts of funding available to the Lh1m agency, Mr. POLL further noted that. 58 percent of the client;s 13e1ved by the agency are from the city of Ilen Lon, Mr. Truitt. peinLed our, that this agency has come a long way since the beginning with Ms. KrisLoferson curl Ms. Damico poinl.iu$ out, that one cut the agency's pediatric nurses was awarded one or the State's "200 great. nurses", Ms. Damico then asked for the Committees' ftuulinq recomtnendtrtions. his, Riddlespurger - $25,0(1(11 Nis, Kerner - $25,000 Ms. IWO 520,000, Mr. RUPStis, $20,01X, Ms. c'amico - $251,000, Mr, 'Pruitt - $23,000, Mr, Bezdak same as last. year which was $2d,800, Mr, Garret.( $20,500, Mu, Dawson $23,000, Ms. Damico stated that four members have gone for cull funding of $26,(100 and six rec rrumanrlinr: cuwaui s ranging from $1110,000 to 51.23,000. Ms. Damico then brought Friends of the Frunily's requr.0 hefore Lhe Cuiomit,tec, Ms, Damico stated tbvt. Frie-nds of On, Family has requeste(t $3G,3o(1 in Ltnlding. Ms, Kriatot'ersori op txl dirscussiou by poillUlig rwl, that. the piescn'ern rrsed thc• Lernt "st.ahil iLy" soNeral times in thin pr ~cnLra!.ann. Ms, kri.,Lo1' nun reels the agency is committed to strengthening what Ihey hnvo trot, nrd trying to do iow things hut: work oil doing Kcll What Lhey dn. It wa!; !staled that F1iMuds of the Family has had it real "Inimpy ride" but seem Io have everyt.hiag in order and is a service which is greatly seemed. Ms. Damico stated that the agency seems to have recognized what I,& :situation was that was roumLnq t.horm rinrutcint prohicros and have fixed it. Mr. UniLL stoWl that, approximnUdy $15,0510 ill Knivial runclst ware heing cut, from L.hc agency. his, ilaniicn s+l_at,ed that. thr, aGene.~'s I.hrirt shop., were doing real good, Mn, Kristorelmon staid she did not aec, much more maximizing ur it j60,000 profit when sepia(; shirts CUr a ,1uarLer. Ait ruill. a:;lo;d iI I'LL,% t , 'i ( Aponda No. Agenda Item_IJS-_ a~j 3 IWO Page 13 8sC thioft'icial Minutes April L1, 1992 paid f'er real. Ili, the thrift, storos, Mtj, Dainico stated they paid one dollar t'oI the storos' rents Mr. Truil.f. pointed out- i.lial, 61 percent of the agency's clieni.s come Crom Lhe City or Denton which was 864 clients last }'cur. Mr, Truitt staled that Lhome was uo question that this service is desperately ncede,l. Mr. Bvvstis commented that. the Agency has had it lot of turnover ill personae(. Ms, Damico said they seem to have recognized wile;, the yil'unLion was 1'or i,hat, and have q correcl,ed it, Mr. 'Pruitt furtber stated that therm: is a spec;il'ic program for Ule "battevers" and PrebaLiOn is Funding Lhiii with u sizeable amount; and is specific onl,v Lo the bal,terers program and ctuwol, he used t'or the general revenue. Mr;. llamico asked for recommendaLions from the commit.Lce members il' here wits no i'urt.lter comment's. Ms. Riddtesperger recommended ruuding ill Lhc. amount. of $3:3,0001 Ms, Kerner - $331000, Ms. Ables - $330000, Mr, BarslAs, - $33,000, Ms. Damico - $33,000, Mr. Truitt - $34,300, Mr, Bezdek - $331000, Dir. Garret,(' - $:iGI000, Ms. Dawson $,11000. Ms, llamico stated (':here was one recommendation less than $33,000 and the rest roctnrrtnended betWeeu $33,000 and $;56,000. Ms. Damico oponed the cliscussion i'or fctndiug of Fred Moore, Day Care. Ms. Kristorersnn requested Lhat. the agency be nol,it'ied that. their pro?sentation needed to be morn adequate as there was It ;ot of information unavailable by tho presenter particulat•ly where, the budget was concerned, ills. Kristorernnn stated that. her recommcndaLion of funding is based on what, the City-Comity Day Nur:rery was asking. Ms. Dawson rec,01nmended 1'uotdiaf; at .Ins, year's lcvcl, Mt:, Riddle,'31WI - ger - Inst year's level, Ms. Ahles - full 1'1111dior6, Ms. Kristorersnn - $20,000, Mr. BarsLis - Same as lash, yea('', Ms. Damico - Name as Iasl: year, Ms. Damico askol Nant:y Baker Lo mtdce Barbara Ross aware of the need t.o noti ty Frccl Moore Dtr,v Care oi' the commenl;s made by Ole Commil,t'ee re;arrliag the lank of iut'ormat,ion available during 'Cori 1iikinson's presonLaLion. Ms. linker conf'lrrned she would get ,iris mcsa;lji;o W Ili. Ross, Ms. Damico brought, before Lho Cummitl.co Membars SPAWS request Ms. DamIc~ staI,ed t.ha1, in pi t Iti9Lory, the Commi I.t,ec' has graul.ed 1'1111di11 "If for transp'irt.tction except hransportal.ioil has dropped out of the budget at,proxlmaLe Iy Lwo ;years aq., so what, 1s being requested in the way of funds is I'or 1, he support scrviccFi (.1110 occur through the SPAN ofricers read al, the Senior Cvnl,cr, GIs. Darn ico ar'.nxl marnbers ror any cc•nmauts thr'y might, have,(', Ms, Damian re(oinmcndcd t'undin-4 of $26111('10, Mr, Tr•ui Lt. - asked LhA he be skkliwc l I'or now, Ms. Ableti - $2-;,000, Mr, Gttrret.t, - $20,000, M", I)m4son - .$2O 100, Ms. nc,ruer - $261000, Ms, krinloh , mm - $2.1 ")00, Mi.. p., 3Li $20, Dls., Damico i~ldd Lhe i'omrnil.l.eQ'' reC udrel funding rtutges ,mom $20,(100 t.o 000, NcxL, Ms. DnlniCO addressed funding I'm' the GomnnnilLy Foori gI'll Lo r. Ms. Dion i co sl.al,ed Lhis. agency alrfrears iu the b±ul ct. ns (I( II (rtrs; bul, '..hat. is actually b,riug runrlcd is the electric/water ut'ilit'ies nttcl is actuatly one City p(lc;kel pttyiitl; urathc), Cil.y pockeh tun( isn't, dulltu^ iu I,hnI s;amo sertso, Ms. Damico s;t.aicd Lhe Cil,y has to{reed to pay I;111-ir uiiiil.y bills crud the Conuty covcr~- 1.111' other LhiW!,ii, Ms, Burke said she Wl', 1101 aware c',t' what their ul.itarnountc~d to kud, year since, she it'vrr• saw 01c i'aci l itic's uti 111 if--, bilk. hl~c. Drunico sl„i1r"I Lhal. Lhe agency nos: gc't,s copies of Ih,.ir uliliIs. hiIIti earl to dale, in Lhe pall six monl.hs, Lhe-,(';•, lit, I111.y bi I is hoc ac•cumulntoil to approximrttoIN :-'G80. 010. SI I mordierti at;ro'ed 1e, hind Ill(- $'1800 1„1' the FUrrd (Jeuter's lit i I i of t titI iu,q 1,hc• Agenda No, Agenda ktum S__' Q{ Oito Prtge I4 iISC ulloffici,al Minutes Aprf l 14, 199'11 bills would be paid by Lhc City regardless of the amount. Next, Ms. D+.tmico brought, before the Committee 11011!;, Lnc, funding rucfue t. Dfs. Damicc stated that IttsL year' Human Services CommiLLec gave HOPE 56,000 from it's Im(lget and CDRG granted $2,11960. The $24,960 has not been used as yet. Ms, Dnmico stated that HOPI?, lac, is requesting funding in the amount of $28,700 whioh is sIighLIV less than their request of 1asL year, his. Kristoferson state(1 Barbau'a Ross indicated to the Committee Membsrs Lhat the dec.rettse in the (')BG n budget was largely operating on the wivi,wry board's assumption th+tt HOPI] had not, used Lhe)r money yet, Ms. KvisCorerson recommended fundtutg of $15,000 CDRG and $5,000 from gent`rtcl rums, Mr. 'Pruitt, asked about the splitting of Cf)BG funds versus general fund moufcs P,om Human Services, Ms. Damico sail! that the $6,000 00, comes from the Raman Services Couuaittoe goes to a (lifferent program than that of the CDIiG money. Ms. Dnmico further stated that Lhe $5,000 goer; to the program they started with the counselling they do with individual for 30, 110, or 90 dnys. Ms. Dnmico stated ow CUBE money is l'ov the larger' program where people could be. served ror kip to Lwo years. Mr. 'Pruitt stated this was it study being conducted, Ms. DalRiCO said that was corrccL that this !.'ill two••yrar pilot progrrtm, Mr'. Truitt, stated he I'c1L this +,as it very large sum rot r( pilot; program In which only two or Lln'ec families would b,+nefit. Ile further stated , not questioning the meriCS or the Chat, It(, loved what -the agency wis loins; ad was operatLions of the organiPUtiorr, but, fill. 1,1141,1, Lhc runount of moue beitsg used for this pilot program could IwIp at lot of needy people. Mr'. 1)arst:i.n agreed with bla. Kvistorersorn's recouunendation, Mr. Garrett - $15pODD CDRG curd 55,900 general fund, Ms. Ables - 21,'1150 CDRG and $41000 general fund, Ms. Dawso;t- $20,000 CDRG and $5,000 general rued, Ms. Riddlcspergev vole(1 $20,000 CI)BG and $51000 t;erter'af fund. Ms. Kerner - $15,000 CDRG and $5,000 g,~neval I'atnd, Mr. Ttuitt - $15,000 CUBG an•t $5,D0o general Lund. Ms. Uamlco excused herself from the room and gave the meeting over to Mr. 'I'ruit.t, while funding I'm, RSVP wan deliberaCod since she ik ;mployed at, RVII. Mr. 91-11itt went around the, Lab1e rot, r(' ,mmondaLions. Mr. ;)a zdek vecommendect rnulint, at, MS. .ktofevsoll Mi, said1$7,000,r Mrs last year's lcveh, EMI, Rat-stirs$tsaf(J $7s,000,wm" s . said full fundlnh, Tritit.t, - $'71000, Ms. Dainico rel c to l1 mcet,ing and hl'gan i",c ran);ins? of "Itc ve(plesLtn,g agencies; after Committee dolsL:u,ttad the' I(igh and )ow I'nnding ruommerula- tions made by I,hu mrmbers, the, follow Lng '•commeoda11oils I,cre uiau(~ by I,hc Comm it.t.ee. tMLK Kid Conuccl ion 5 6,26,l1(1 Mommuuity Clinics ror Rent. Co. S'. 24,000,00 *TWO cares $ 2I'T I.00 f11OPE, Inc. $ 1610110.()0 110111:, inc. $ 000.OU Community Food CanLo1 ti 8oo,00 SPAN a(i,0110,p(,) Cr'iewds of the Fatuity ;;9,1100.00 x Y, , r 7 v 4 Nanda No. Agenda Page l;i i1SC thiorficiai Minlaes April 111, 1992 Fred Moore Child Care $ 2IS,i}Ull,Cl1 City-Coun(ty Day Nursery $ 2010011.00 RSVP $ 71000'00 CASA $ 5')00'00 Literacy for America $ :1now. 00 Bids Place $ 00 n Starting, Over Inc. $ 00 * Agencies funded with CDBO dollars. Ms. Damico asked for a motion to vote on the above funding dist.rfbutiou, Sandra Abler motloned. 'ferry GarretL seconded the motion' The vote was taken find all Committee Members voted affirmative to accept the motion as staked, Ms. De.mico stated that when it comes Lime to milk(-, the above recommendations Lo the City Council the Committee needs to have an argumeuL prepared about why the increase is felt necessmiry' Mrs. Damico asked members ror ideas roI, an out Line for a strategy or rational that slte can prosent to Council, As examplen, Ms' Damico stated that in past years one rational. used was that. wteniploymc0nt had increased, another was the fact thmt these agencies were bringing info our community so much money from out of slate' Based on these examples, Ms. Damico asked IN Commitl.ete members for their thoughts on a strategy Lo use to request from Council Lho increase of general rand monies that it, will take to afsprove Lhe roc.ommendaLions as they stand, Nis, Kristofcrsoll said she had rOC(AILly rend 'tit article having to do mqre will income Lax ana aiditing on the fact that here are so many more agencies who are clalluing 301-C3, that out taxably base is _;oilltown, Mr' Truitt. brought, to the discussiou the joss of `Texas Iustrumcnts cad 'pore Bus IIless IorIII s, Sts. Dnm1co staled ti.+tf, Lit is meLhoci III itg'ltl, not be to IIio (,;ammiLtoe'k beg I. interest since L I v City would be lcis! ug Lax base nud therefore w - ,!d I to E, have mdllit,iouit l flulds to (I isLribit le, M) 'Pruitt F,lit tod that l t p, hose I'or the iuformnl.iou was k) bring to Council's al.tention the greater need i1, ::nton ebte to loss or .lobs. Nis, Ablon stated that, any o the ecollonly is bad l,hc ilr,ad is Itigl r dollrut; arc usunl[v more scarco. M1. Truiit stated that quay. e inflation r 3, '1. an lakuc of ~:ouLd arp' h,tl, t.h+t, u~.t.ittry frt er,es sand salary reductions Ilse bade thiug+ 'nigh on ft,. of the coma y, Ms Damico stat-•d I ^It, one nrt;uutenl she trough o the kmmci l's aLtent.ir. It vent- cuts of tilt tit- at;eucics who wcrc ,acciving funding from nut, of rtl.atc r,. :u,d built. an argumeAt that, thexc debars would nut, he nvnilable In au nrn➢IAUIIH.y it the CiLyIsJnvk or runding forced these agencies out of LheIllnrkut place, m 17nmico staked that, l.his form of reasoniuy w,ts wl~H rc,ceivoti by Collu;.iI, 'lk, krisl,ofer- son said that, ill Lhe past, Mss, Damico Ilad laadc the point, that, Denton was one of the row c; Lies w i Lh i n l.ho Shalt, who was, even giving human her ice Pallets, we brave now scu ved as it modtrl to other nreas rind as a communi Ly we whou td s0ii-e Lo 131- a morlel cornnuu,it,y in rill nr-:arts lnrludinlq I.hat oi' human la,tvicck, d,dlcatinc~: OUI'•` Ol vek to rl quid i t,y, of I i t'c for al l ci l a nms sold ❑u'c I t I t i uci on l.he Si ti_e and FedernJ tovernulenl Lo si,ive our ln'ohlellrit b(1t, to worl; from within. S1I IIli I I iat.ated I)e IlFed lilt upperet to l Val, 4olllewller° hcr%u l hill. 1S i,k' Illo,A iif r411nSiVe i'orm of per8lt IJion, We offal to mat Lht. I uunc. i I awat o of Ithst,t i he con , tiucncc wgnld he il' Ihey dnu'i fund lbr city'., net_rtcics, M;,, lJn¢n o '_rtlotl lhttt, +h;tL the r t~ f iii i Agonda Ilom__ aA Oslo Page Ili IISC Unofficial Minutes April 14, 1992 was able to make a ready good case for was that the coastLlWul,s don't Yotm rind maybe the cons LiLucnts; don'L pay taxes, but; every one of these agencies; has a board that's made up of some or the high powered people in l.hcrcommuuity who do vote and do pay taxes and do wheel power. Mr. 'Pruitt suggested coming bsfore the Council with a list or the board members for each agency. Ms. Kristofer5on stated that for each of Lheso agencies the one person who comes to spank represents at leaml, a board or eight, to Len members which represents a volnnLeer ~ cadre and it does, filter down to a lot. of people trying to make, change. Pls. Dnmico staked that the last time she used Clint argument, was at the pubitc lwnriug' where it docdn'L really make n whole lot of difference except, that it gets in the newspaper, hecause by that Limp any decisWus arc already iuado, bill, stated that Mie Ale, had not used that, argument. at, a work session where decisions are made, so nuiyhe Lhat would he n good one to go wil.h this Lime. Ms. Dnmico WWI PAW would Lry to find out, who all the members of ageucics' boards are. She felt it would he of benefil to bring to I;hc Council knowledge or who these cil-izens are raid would proress the commiLLmenL these citizens have Lo seeing these agencies succeed; citizens who are putting their taxes in Qrr pot. Lu hack up program, they are very much interested in seeing fund(d in order to betLer our community, Ms. Dnmico informed the Commfttoe Members that she would he going before the Giry Council in which she will he presenting Lhe Committees' recommendations at Lhe Work Session. Ms. Dnmico told the Committee members that they would not be allowod to mpcak at the session, however, c Council Member cunt! choose '.o ask quesLions or any of Lhe members, 1'herelore, Rho expres3scd her opinion that, the more members who could he present aC the wort; session, Llie better it would be. Mn, Dnmico thanked the numbers very much for working so hard to cume up with good funding recommendations in what she relt was a difficult AS aucl, for the mend,ars cooperation in these Invarings and deliberations, She stated their Lime, effort and hard worl; was greatly apprcciated. With no Puri.ller business to conduct., Ms. Dnmico adjourned the meelin al. p. ia. I. . f ++f r$rl;. - - 4 , ? C IT I it E COUNCIL. 44 ~ r 14 i14 }`tl O~o 14 ` }r ro 1~~ i~I L~dF l Q i.l ll~ltt}U~~r°,v, tE t l T rk t t I +~rE3t+ .rill „ ll'~+ ~r i1.~ i1 1 t..},,, Y. J ti i r ' C- 1) ATE May 5, 1992 F- _ C1'1'y_ COUNCII,__REPORT I?l)RMAI' i/ z /Q ~O TO: Mayor and Memlcens or I;he City Council FROM: Lloyd Y. Harrell, City Manager SUA.1: DiHcuHHion of recommundati,onH for nr;e of 1992 Community DovelopmoHl; Block Crrnrt funds. w RECOMM MATION: 1'he Community DovrlopmonL Block Grant Committee recommends approval o1' the following racLiviLiea for the 1992-'93 program year. 11ACK(IEiUIJNU: The (TIM Commi ttue held public hearings during Lhe month of lrebruary. The Commlttee also held hearingn allowing CiLy departmentH to provide information on requests for speciric projoctH, The CDBG CommiLl.ve waH informed of Lhe number arid dollar amount; of requests For Funding by layman service agencieH. The human sorvico inl'ormatiorr waH provider) in order Lo immiat Lhe Commil.l.eo in determining, what amount. they would provide Lo Lhe Human Services Committee For human Hervice agency funding. MinutcH From Lhe public hearings and Lhe unofficial minutes or Lhe March 23 k 26 CDBG CommitLee moel;ings are alAnched, SUMMARY: The rollowing chart, providers infurmat.i r, on all Pegdest;H and IAW racommendationm for funding of those re -!A-9 by the CNIG Committee. RF:n(1X9TE; RECOMMEMA'r1ON } Alexander St,. Drainage $IO2,no $102,13211 CnrperrLer Rd. wastewater $ 15,000 $ C L'arporrter Rd. waLer Ser. $ Irmo $ 0 Community Si.dcwalk Repai:' $111,3311 $105,500 Domuli1.ioa $ 15,1)00 $ 16,(1111) Evers Park Playground $ 15,(100 $ 8,1171 tlooning Rahnb Program $'1.50,000 $2511,000 Ilnman Services ;ctaHidc 15% cap $ 7!),000 A.dmir hA ra-L- oq 3chmide 20% call $1;19,0110, TOTAL, 1992, BUDGET $1195,941 t a jY Nonda No. ARentla Ilom.,Y)g , Report; 1+ormat a a Page Z U The CDBO Coarmitice has also recommended tfint Lhe Evertr Park Playground fiyuilixent: pro•j,xt, be coepleLed using $(;,;179 in residual 1JS)OAc3ndnistratioti funding, These funds would normally be Lvansfor•red for use in the Hourring Rehabilitation Program. P'IOLNAMS, I) ARTMFN7S_Q1;_CIlQU['S C'DW; Committee, iltzman Services Committee, Human Service Are # and the P,launing/Community Development: Staff. F,cecies ri Rrnj.__zMt%cT_ ,o' Funds recommended for Lhe Community Sidewalk Project, will defray general fund or C1P expenditures for sidewalk repairza. I+unds recommonded for human services affect Lhe rec•.ommendaLfon of the Clio Human Services Commit.Loe for use of general fund dollars for- human services, Some CDHG admdnistrative funds are used Lo reimburne the salary expenses of selocLed employeotc who are paid from the general fund and provide sorvi,ces to Commutit•Y Development. The Commnnil.y Development staff are paid from the CDHG Administrative and Housing Rehabi.llUttion accounts, Respecl;fully submitted: ,G I,luyd V, Harrel I City Manager Preparod by; Barbara Roars CommuuiLy Development Coordinator Approved: Frank Robbins A1CP kW!(;uLive Director for Plnnning ff Developrneul. \ c 1 , tmo Public Hearing Minutes U February le, 1992 Martin Luther King Jr. Center Barbara Ross, Community Development Administrator, introduced Curtis Ramsey, CDBG Committee Chairperson, and Eric Billips, Program Assistant. Ms. Ross detailed activities approved for the 1991 program year. She stated that the 1991 budget was approximately $637,000. This included an allocation from HUD for $617,000 and a projected program income of $20,000. She stated that the projected program income was a result of the repayment of rehabilitation loans. Ms. Ross then described the status of each activity. The Housing Rehabilitation program is a continuing program. The number of heuaes completed during the fall and winter was lower than usual largely due to the absence of a permanent full time secretary in the C. D. Office and the higher than average rainfall that has occurred this year. Ms. Ross stated that none of the $15,000 slated for demolitions has been expended. Residual demolition funds from previous years is still being spent. She explained that a new process had been set up to find, condemn and demolish substandard structures. Unfortunately, there are myriad legal and documentation requirements that must be fulfilled prior to the demolition of a structure. Ms. Ross stated that these constraints would lengthen the process considerably. Ms. Ross went on to mention the MLK Kid Connection, TWU Cares, HOPE, Inc.'s Transitional Housing Program and funding to the Prenatal Clinic. Ms. Ross stated that the Engineering Department was currently working on the plans for the sidewalks along Wilson St. and would be contacting owners in the area for right-of-way. Ms. Ross stated that in 1992, the City would receive $675,000. 'Phis is a 9% increase over last year's funding level. She stated that staff would again be projecting a program income of $20,000. The amount to be allocated for 1992 would therefore be $695,000. This is the largest budget ever for the CDBG Program in Denton. Ms. Ross then turned the presentation over to Curtis Ramsey. Mr. Ramsey discussed the activities that are eligible to receive funding under CDBG program regulations. Mr. Ramsey stated that eligible activities included the acquisition of real property. fie mentioned the acquisition of the MLK Center property as an example. He went on the explain that public facilities and improvements entailed activities such as installation of sidewalks, drainage improvements, park improvements etc. One of the attendees asked if the CDBG Committee would approve of using funds for the repair of sidewalks. Mr. Ramsey stated that the committee would not normally support a project that falls within the City's Capital Improvement Plan. Carl Young, neighborhood resident, stated that he felt the funds should not be used for sidewalk repairs but for construction of sidewalks in the "NICE" area. A{Inndd No. Aijnctdd R116 __0 Page 2 Mr. Ramsey continued to describe other eligible activities such as human services, housing rehabilitation, code enforcement and relocation activities. Several citizens requested information regarding the Housing Rehabilitation program. Irene Price commented that in some instances, rehabilitated structures are back in the same condition after only a couple of years. She asked when those structures would be eligible to be rehabilitated again. Ms. Ross explained that program guidelines do not allow another rehabilitation to take place until 10 years after the date of the initial rehabilitation or five years after the original rehabilitation lien is released. Ruby Cole, asked what would » happen if a roof began to leak after the one year warranty period. Ms. Ross stated that it would be the homeowners responsibility to repair the leak. She pointed out that the one year warranty period is set up because generally most of the problems with the work would occur during that time. Carl Young, East Denton resident, stated that he felt the contractors working on the program did shoddy work. Jesus Nava, Assistant to the City Manager, asked if a minor repair program could be developed. He suggested that exterior cosmetic repairs be completed on homes to help the "look" of the neighborhood. Ms. Ross explained that liability issues are involved. If the City were involved in doing repairs on a structure that also had electrical and plumbing problems those repairs would also need to be completed. The Housing Rehabilitation program requires that all structures be brought to City code. Mr. Nava again stated that a minor repair program would do a great deal in making neighborhoods look better. Mr. Ramsey discussed historic preservation as an eligible activity, He pointed out that the old Fred Moore School might be considered an historic structure and as such, be eligible for funding. This was discussed by the group. Carl Young asked if the American Legion Hall could be provided with funding under this category. Ms. Ross noted that in most instances fui.ds .-ire spent t- preserve historic characteristics on single family h.-)mes. She pointed out that even though historic preservation is an eligible activity, there would have to be some benefit to low and moderate income persons before a project could )e considered. Mr. Ramsey mentioned the final eligible activities ss being economic development, subrecipient activities, home ownership assistance and administration. Mr. Ramsey stated that economic development funds could be used to bring a business into the community. Ms. Ross described subreripiant activities as those services provided by non-profit agencies such as TWU Cares or the Prenatal Clinic. Jesus Nava asked if funding for home ownership assistance was for existing structures or could new construction take place. HL mentioned that there were several lots now vacant due to demolition activities and perhaps homes could be constructed on these sites. Ms. Ross mentioned that the current homebuyers program was for existing structures only. She went on to state that Community Development hoped to develop a program that would r. No nda No. Agenda fiDm__LU S Page 3 utilize the cleared lots for housing. Mr. Ramsey asked the attendees for additional comments on the use of 1992 funding, Birdell Carstarphen, neighborhood resident commented that although the drainage work near her home on Alexander St. had improved, there were still problems. Ms. Ross stated that there would probably be a request from the Engineering Department for about $100,000 to complete the project. Ruby Cole asked if the funding could be used to provide counseling for drug abusers. Ms. Ross stated yes, that it would be a public service activity. Ms. Cole asked if that could be done through TWU Cares. Ms. Ross said yes. Carl Young stated that he had to leave but that his priorities for funding were as follows: Fred Moore Day Care American Legion Rehabilitation Construction of Sidewalks in East Denton Neighborhood Drug Rehabilitation and Education Emogene Crow, representing the Clothing Room, asked if CDBG funding could be used to provide them with a building. Ms. Ross stated yes. Ms. Crow went on to explain how the Clothing Room was displaced from the Fred Moore School in order for the construction to take place. She stated that the school district would not provide them with space in the newly rehabilitated building. Ms. Ross asked Ms. Crow if she could talk with her after the hearing regarding their need. There were no further comments regarding use of CDBG funds. At this time, the presentation was turned over '.:o Eric Billips for _liscussion of the comprehensive Housing Affordability strategy (CHAS). Mr. Billips explained that the CHAS described the City's housing strategy for the next five years. He explained that the document contained a Community Profile. The profile included the needs assessment and a discussion of market and inventory conditions, The needs assessment describes housing needs in several areas including those of very low, low and moderate income persons as well as the supportive housing needs of the homeless and others with special. needs. Mr. Billips stated that the market and inventory conditions sections described population and household trends, housing availability and also included inventories of facilities and services for the homeless and persons with special needca, Mr. Billips explained that the Five-Year Strategy detailed four major housing priorities. He listed those priorities and described the programs designed to address them. x E:. tl lI koonda No. Agenda Item Z06 to Page 4 Mr. Billips stated that the final portion of the CHAS was an Annual Plan which described activities planned for the coming year. He noised that the 1992 Resource Allocation Plan, which he provided to the attendees, included programs that would be carried out by other agencies. He stated that the City of Denton would continue its Housing Rehabilitation and Rental Rehabilitation programs. Programs that the City planned to implement over the coming year included the Homebuyer Assistance program and a Homesteading program. Mr. Billips described the Homesteading program as one where the City would acquire properties and make those available to low income persons. Mr. Billips then asked the attendees for comments on the CHAS. Ms. Cole asked if drug abusers should be included as a special need r category. Ms. Ross stated she believed they were considered to be in the mentally disabled category but, that she would check and staff would make sure "hat they were included. Brent Bowen, Denton Bible Church, asked if the elderly housing mentioned in the CHAS was single family, Ms. Ross stated that there were no plans to do single family elderly housing. She pointed out that the Denton Housing Authority, with some assistance from the City, was currently working on a project to turn the old Southern Hotel into elderly housing. No additional comments were received on the CHAS. The public hearing adjourned at 8:30 p.m. r Nwda No.._j~21~- Agenda nem feu 5--~~ _ [114 CDBG PUBLIC HEARING MINUTES / `Y FEBRUARY 17, 1991 CITY COUNCIL CHAMBERS, 6:00 P.M. The public hearing began at 6:05 pm. Barbara Ross, Community Development Administrator, introduced Eric Billips, Program Assistant. She explained that Curtis Ramsey, CDBG Committee Chairperson, would probably be coming in at any time but, that she would go ahead and begin the hearing. a Ms. Ross reviewed the status of curre:.t program activities. She noted that the 1992-93 CDBG budget had increased 9% over the current year budget. Ms. Ross described the types of activities that are eligible to be funded under the CDBG program. She noted that all activities must meet one of three federal objectives: Benefit to low and moderate income citizens; Meeting an urgent need of the community; Eliminating slum and blight. Ms. Ross asked for input regarding the use of 1992-193 CDBG funds. Elizabeth Garrett, representing KIDS PLACE, commented that she was attempting to start up a home for abused and neglected children. She would like to see the city support her in the effort. She mentioned that within a few days the organization would be licensed by the State to house these childre:rk. KIDS PLACE will begin with one home and hopefully expand to two or three homes within a few years. Susan Edwards, the Director of Denton County Cooperative Ministries, was also present and asked if these funds could be utilized by agencies assisting the homeless. Ms. Ross replied that they could and pointed out that HOPE, Inc. was allocated $25,000 in the 191-192 budget to provide transitional housing for families who were homeless or potentially homeless. Bob Davis, a citizen, asked if funds were available for the rehabilitation of rental properties. Ms. Ross replied that those funds were available under a separate program. She explained that the CDBG rehabilitation program was for owner-occupied structures. Mr. Billips then proceeded to summarize the Comprehensive Housing Affordability Strategy (CHAS), He asked for comments or suggestions regarding the CHAS or the strategies described in the document. Ms. Edwards asked if the CHAS was information. Ms. Ross and Mr. Billips saidsthat wasmcorrect. It was an attempt to describe the current housing market, specific housing needs in the community and then determine; strategies 5 r. v~ (f Agonda No. Aportda ffem~~=5' h_ Otto Page 2 a designed to meet the needs, Ms. Imogene crow of the Clothing Room was present and asked about the funding application process. Ms. Ross informed Ms. Crow that since the clothing room was not set up as a 591 C3 not-for-profit, they were not eligible for funding. She suggested that Ms. Crow may want to come and speak to the Human Services Committee and get their ideas on how to solve her specific problem of space for the clothing room. The hearing adjourned at 6:45 pm. z ,M r.; 61 le ri is AgondaNo.__ Agenda ilern_ Virtu j' l7nof'ticial 1\1 1lultes a~ CDBG Cuivililil't,ce Meeting March 1;?, 1 Civil Defensae Room McCIIIICIS Present;; Saroh Parker, Kal.ie. I,' lemt»ir,k, Cur Lis kamsey, Dennis Stetlhens, Jack Wo11 Peggy Norton, Rosemary Itodriquezl 4 Members Absent: Fred Hill., Pey Trejo Staff Present.: Bllrbarn kos;s, Conuuunity DeveIopnu0Ylt Administrator; Eric P!i,Lips, Community a' Deve,lopmer,L Program AssisLaill,; Nancy Maker, Community Development gecroLavyl ChaiI-pecaon, l_',I I rLis Ramsey, called the mecLirig to order at 5:1`i p, m. Mr, Ramsey asked Jerry Claark, Director of lingineer-ing to begin his prssenl.al.iora For requosl,ed COW! fluids, Jerry Clark brought forward his first i.Leill C0HIIIIUI I i Ly Sidewalks Repaiv, Me, IOWA stated that once of the needs in Lhe community is for sidewalk repair, Mr. Clark stated that very little money war, designated for sidewalk repair until Lhree years ago at which Lime l,he City started funneling aboul. V;,000 to, $10,000 a year toward this noodl II r, Clark sLaced that, Lhh Legal Departmerrl. Lafr got, involved with s.idewnik condition:; this, year and Lhore was a major, uproar from the community sLaLing that sidewalks need to rommi.n the responsibility or Lhe City, Mr, Clank W Led the monies needed to be obtained 1'or this project, He stated that, glee City bull et is one place Lo obt.airr funds, bond is;sucs being another, and, he is here this, even irig to seek input. from I.l,e CDBG Cominit(oe gas i.o whel_her or not sidewalk repair rundIng could No obLained. Mr, Clark cited LhaL Lhe City haS,, determined costs to repair dairahed sidewalks Lo be in excess or a nail I ion dc,ll_ars, He I'nrther staLod that by Lalcinq the I I s L of nroas in need, opprrjxi,matesly rorll, percent; (-10%) of the repairs nueded are if) the Mock gralii; +area. By breaking i.hat do•ort furi'llue for r;he C'o»,illiLl"oo, Mr, Clark Ceti. that. the costs ror vvpnirs, when divided equally according to each quadrruti, in the Counnunity Deva_,lopment, Block Grunt, area, would easily reach the rcquesLer amount. or RIII,N3o he designating aappro>;i_rnai.ely :p25,illlp for ewb of i,hc :,re;asl 'dr. Ramsey askc_'d Pir, Clark to r,nil,t nut lhr lalljotod gnsuitan ts, cat Lhe mar, Me. Clark .~:%icl i,hl~ map u~.r•rl is thr• :::uno used to do tbeiI ==.trees 1, +aLira1;5 in and bas ICaI Iy IL fu1.1: in nt, tir.ript ur, I,rei,1, Lbcu Comes down leak ::and lfickor;: Berme; rlauulrunl. One; quad reual. ll, i.!=. l,ras is all North M(-]%I nny ; rtuadra It l hrel, I dr,wai i n t;oaalln;est (21 if I,arL; quadranl. Foll1.~ is, the ~;o!lih, avAk,PIt part, 01' I.he meal) ;acr+.a, hll \ lark 11 ,1 1 cd ihal, al I I,he nreo ro•Io,, 1'r,r ('0131; t'nudirw err- In ie i' i, {1 II Agonda No. e) Agenda Item__~S3 0. W10 e?,9 V Pas c` 'l, ~d sijf' 02 (1nofPici±tl ^fittrtt.cs U 'DIM, CouuniLLce Afeet,int* March 23, 1992 _ I'.hc: L'ommuti.il.y Developmc'nl; i3l it r(1a s oclc Grim area:,, iis11) the shaded as it boundary, hfr, C arlt poinLed out that it good share of L11ese i downtown Ill Elie olds-r areas ' Mt CI It said Lhat i f' I I is do Le rill inecl Lhat s 100, 00() i t Loo hig11 a request,, Lhcin anyl.hi,ng is bet,Ler than not-hiuh, ?Ir. p.lal-k stilted the City of De-_ritoa would lippreci-ate t.hc' (:OInIllijLeelB Coilsidorutiorl of rundinh this project Ph'. Reunsev aft'irliled that, (quadrant orl" is tho Northwest; qu11drr.int, Liao is Framer Vint,, Palmer, Lower; (tluadrani, threo is lJraIg, Ile I, riartiI 'i iicif it eLi.ne, IlarvardI Wes twood, Lo r_its L1 81.roud. bar•bara Ross, ("ouununiLy Do.velolrrnoriL ,,ldnii3)1=;i.rat.or, addres:;ed Lhe low/uuxletitLe income percentages for each area. Bryan/Normal tit.rocl are in tract 207 which is 74 perceiiL how/rooderat.e incomo according to Lhe most recent Fiquvcts avai.i_-Ah1e; Frame/Vine sire in Lract 20602 and that is 76% low/modeLaLe income; Roti er/I'1011le r are in Lvitc1,20601 1,h1ch 59% 1_ow/mot erate income; Pv+li1, 1c Lo Ile ruard is in t -rri(- l. 210 Lhal is 87% low/moderilLt, income; Lhe ,facquelface aricl Westwood streets acre have come il)Lo the Larliet area since this map wits made, and this area is 53% low/moderat.e income; 1,oeIt sL and SLrouri 111•(111 1s t.racl; 211 auo Chat is 75% I.Ow/IIIQLIQrate' income; in gliticlrant four-IAW Robertson and Wainwright s1,1, ecLs are ill tract. 212 which is (i7% low /mode rllLe iacomc,,; itnd Lhe Iax:L area which is Lhe, dowiitowil arv i is 1112 low/moderraic. ifs. Rohs said the reduesL ltre all low/uioderrtl:e income. a11,c 1),, ~uoas Iare;(1t.c~d in this Mr, ldaunsei staLcc[ !hail, he war; nol, ailarc' that, lliindranL one 11111' in I;hv tr_rrt;t t area. 1{al.ie F loIII Ili ing, Cl-man ttLee ;liu.,ier, asltedI ii' [uricls 1e re approved, could Lhe Comm ilIee designate the quadrit nls Io 1) e1) elti.7 Mv, I"lti de t:L.aI,eI I th1iL tuiy l.tu,t, of nr 111 of the roqurul that Lhe Cornmi.tl.cu wuulil consider' funclinIf would he )•c•al.I tippreciFilatl. ,\f r. 1? ,11 1w.;o 1 PC fel'eill od Lli„ L h i rd I, Wfn of Lhe re,lucr;l. risk'tn ;rbollt Lhc' •onsu.lt.u11, (tcs;, Ir, i'I u'h 1~lLei1 thr 1'ily 1_ ! t I t,~ttLuld uI Litc design;a cLl i n ji [11,11 rtn otit t= nt-111 1L 111 lI' t hi Itir;hr'r Lil;m LhtiI ,f'jit i, w IL ;t t, \1 I, , Ri m!.e ~ l ,]nrcl i f, these firer- ref i<, 1L 1 r•;_I rt hoelse . osl.: dI C I,11 1~ _ La It it 1 ha l I lw wort: icon 1 it hr a contI"Ii: - otiel I 1 }{aim t y r,.f c,, ,,u, i,il ;el l i on 1()[111 111` pa1; I (1 l h roc o ' Lhe 11r1~p~1c; 11- -.atc r aqI, milnPen sncr f, I,ncli l wo he tn? 5101000,1 (o--rai1,l asked Mr, ( Iar-k II I_lial flgliI( mim:lI Ic, ?I1, i'Irnl. :;,,till Lh;il ;wI([ v 1ho $10,mm ,Oti iIII, iIldc, r.ome riirb >ind gitlter ;-IjlI ill tvet;;,, repai r and that. i t, i ~1 1101 c' c l 1!; 1 iit sL 5 iclciili l Mr, ;u ~i;iLri furlhi,+' 1.11-11, I,c L11irt1,, Ihe, I +ci I I hc• Lid ini; L.~ "hi•,•l" r, ii Agenda No. Apnda Ilem`~S' 3 Wle Page ~ UnoIII, al Milnil,os CD13C Comm iLLee td~eLing 11 CC II 2 3 , [992 that, np; lit' L, sullen yo(1 look "it, l.'Lf; on ill I:hv whole (21.1,,y Lhit t ncLunll ^ds .,erne repairs, s tough to dump it a t I an (.he City budget, ktr Cltlrk t.t.aI,e(I tlift L. Ile L11 inlts one oJ' Lhc decisions the a Council has lnade way L.hn1, I.11 ev didn't 1 "Itli 1, Lo go for a bond E, I o c L ian r:;.IgliL now IIoc. atr se of the f'au: t. t1) 1_. peap 1.e are 1?1, e 1, L,y strapped fir LhnL sort, of 1'.hinlf I,igilL now, lr, Ramsey sI,aLed 1,1mL he saW ,.hens paLL.IIIif in a new curb on Vj.tle. SLror-,L Loclay, so 1 know they are aL work, Jack Weir., Commil,Lee Member, asked 1, 11e I,(raso11 IV hy Lhore IV et°en't; funds bud(;eLad Pot' this purpose earl ier? Mr, C1,arIt stated Lhat; si(1r,wr.1_Ik ropair hiss tloL even boon a I,iue item ill 1,110 process, Ile ;LaLed Lhid the Ci Ly onLy started i,wo or Lhl.ce years ligo doing patch job: with asphalt, Lo the sidawnllta„ Mr, Clark ,steLed Chat, unless curb'+ and ;idc%VaJ ks weye on the scncrio.l route pr)gram, no monies word bu(1geLrrl f'al' this purpose, Pir., Ramsay asked Comm iLLee Men1hel,s i f Lhey had ttny ot,llvlr rluestions in regard to Lho Conllnlllli l-.y Sidewalk:; Ile1_1411.r Pr pr;t;nl.. [Suing there w(.re na more questions, Mr, Itaunaey asked Mr Chirk to 1.ovin presr;nt:lt.ian on 11i,s reyuesL I'or CDIM ('it ridin!,r oC A1.exauldel S1,r(•et. Drainage-Phase I I , Mr, Clark sLatrd that. Aloxartder Street, Ova i.n,lkr~-lJhase I waas funded by the CD1SG Coann1. LLer s veraI years ago, Ile eCa1,od that iL leas a I' it i r I y Large 1) ro,jeCL and a t:ompollerlL of iL, was not, tlhl(I L,a be comp.loLed wi1,11 the I,igiI I aI fundt'.r MII, C;tarlt SLat led LimL tallcn Ukase I w(rt(I. I,hrough the pnri( the pipe had Co be d(rl(:I.ed ICA\'ill0; orl olJr+n ditch far drn,i_11ait c %v11ioh Look rlwn}' ',011W IMI-h IWid, h}' pULLin I pipe down now and cavvviIII, it,, Lho p L1,k Iauld rain he recIalini(?d, Phis pro,jecL would It1xo fray For IriltLin{{ Irit,o undr, rrloa Lh Lhc crra185y iron Lhil 1•urls Illy pilra I ) c I- be l wk'f: ll A Lexande 1. and M;k i 1_e}' , Mr C; I, ar1L saji(1 tAmL irr P}lase I the pipe sySLem wils Ills LaIIed told L'tkell lc rose; alnd took i( u[) ]Ilid hIork I I ooltrI(I .it inLo Lo Lhc i,arIt jrill Lot: Lill, l. lams ( alig a ]_ot o[' Lhc rltuna r,r, K Eiotaeve1', tallest. reap l,v needs to he dune: is bloat Lho pipe peels to he rurl 111. I.1w 1,,a% Cllr 10 ?l01_-, Stret,t,, inL(II:s pit 1, in, mild then, It (()nar(IIe stdalt(• Lo rr~ciuc( mai11 t(n,1nCU nee(k Lo 6e 111L 0VOP I hW Lo 11 raf 1 hr 1) 11 1( 1 -,0 t 1110 o1,( rVIora catli 1, r, over L1wt., Dl r, CIaJ'JI ;,la(L(k(I Llult he diI1 not Lhinit Lllt11 a(n~one i J'lood i u14 bII(Ij y r i ;ill nrrn I'vom t llal hil I I hn I wou I (I beI t Iic f i 11,i I solid -ion I a In a 4(I it scr 1, 1 - ;'II.cII ta,11tr1 Stay in I_(el_II,Ir Shalx+nrl Irrev Bn L: J'.Loolil nL„ t'II'. 1 i1 rl, `.io i (1 Lil l a Ill 'o j'Ir I Ffnll tll f 111;11 (1111. 1i(Iyilncler SLrC'('t. Ii1 LI I10I',c, I t laoItI hr:' (onlldc f (d 11 (1 l1 L:r1~ it s11 olII(I bl` 1,o I'lnalI Lhir: lr1'o.jo, 1. M1 17it Fit seii k Xr, t'lIL iIt Io r1tLai1 Lll( 2 (r11 ,I11iruu;r w( I tat( i r 1 i-. lbOn(1e tVO. __1~C ~L~-- Agenda N Puke <I Unofficial Cll13G Commit'Lee Meetinc! March 23, 1992 after project; colstpleLion. Mr, Clark showed ill detail. the planned clra.inagu route oil the chalkboard. s Ms. Ross asked Mr. Clark it' phis project, Itad [)Poll apprOved on l.hr, Capital Improvement Plan (ell'). PIr, Clark explained to Pls. moss Lha.t the U113 Li.ll deeded ho he voLe(I on and was, about. Cltrce Years Ctrl,. Mr. Clark stated he feII Lhe peopl-e want a I-ittle more immediate C0nC1trs;10n Lo the projccl. Mr. Clark also pointed out that the C1P is just a concept, until the voi.ers actually vote: on it Dlr. Clark stnted Lhe. City- was Lo co1)sjder an elect -iou l ast year, buL, the input he is gel.1, irig right. now i -n;, w ith the economic decIilie, it 1s bc.l.ieved Lo he at. .least a Pear oi, I,wo Ire fore consideration of anothor bond election -is realized. Sarah Parker, Commit.Lee Member, slsked Mr. Cl+kl'k it' t.hi_s projeot i:; Like final phase for' Alexander SLrceL llrainnge? Dlr. Clark said, yes. itosemary Rodriquez, Committee Member, asked Mr. Clark where else Lhe City could get, fund'-; for his, project. %I v. C.1ar•Ic said he felt. the only Lw0 soltr'ees available would br; the $1oCk Grant. and t.ite City CI,P process. Pis, It adr1git ez asked il' Lhe CIP would nos make funds aVa i111b 1C Lt nl,i l the Year 96-97. Mr. Cl al-k ;t.a Led, that is the: earliest ('s t. ima ted proj(~c 1. Lon. Ms. Rod ridu66 asked if the requested amount, could he cut, by any spun. Mr. Clark sLa1, ed that the whole projc,cl, should he comple>tod aL one Lime i,o be Cos L effeeLivo If we were Lo st.arL Itre,akius Lhe project i11 Lo components. with the move-in costs, it, would exceed Lke v;:ltrc. Ile further sLated that if' Like Conm>i tLee: rlec:ied not Lo (to this project, as a whole,, there :Jas a 1) os;sibi.1, ity Lh:al, thc~ plirk area could 1) e, compleLed as an inLr=rim phase 1,u the 1)rojccL. Plr. C1.;trk slated LiIt h if Lhe Coatmi Ltee requested, lie 0001 I.I k0 1. Lhe Ci hares 1'01' thi 5. Hu stated that he felt. he Could 1101 aFCord Lo tut-n down any looney - as hard as it is t,o Comc I1y in Hie presc~rlL time. Dlr. Ramgoy asked I hc~ Colnlnii.tee i there ware any Furt her c uost ion'.. for, Mr. Clark. Dls. Parker skated -;hc, wanted to ask a ecu,~Lioly~ about the sidewalks. Pls, Parlcc•r oaskcd Ph C'inrt; on repai1,inv~ Lhe !.hies.; kiki_f IIIal. 1.'uuI(I Lhal includes ally in:;lai sal ion (If ~irlcwnllcs_ r,n Wi lsan Sl reel Mm, Ross ;;I.ated Lha.tl tw a ;cimraIc• 1, vi jact due t o sl art I Ii n .-;pi i 11 Mat was funded last yenr I. hrough i_'DIR! frlnris, Ple.. Ifoo.s -,inIcd t,11 c Ciivwas wor'kirig with the propcrLc ow"am ml to""mil gr•tlinn; right- Of-my, Mr Clark ret,oriod Lo Lhe Ctrllimi 1: tr e Lhal thr,, rit!ht-crl-i;;ty rl ~ 1 ~>;tIo hat:; I&Inyc4i the projprl_. Hic, pre,;cnl, irquod I0 , rLO dupliCate the W11',011 SLrc,cl rr•,1Ur :;1 n!' Irtxt ,rrr. c 1 r. r T i• i AUena0lf0nl L(~Sq_'~.3~_ Page 5 lU/ ~q Ultofricial Minute~, CDI30 Coutllti t tee Meet, i ng Dfarch 23, 1992 Mr. RFtnl ey, reIIi ri111t Lo the rllexaudev Stre e t, I)i-a _i nit c prOjec t , itslced Mr. Clrtrh it n the re(I uo~:Led Llulourlt, roI, funds wOit .lct om1) Le the Alexander st;reel. Drailuage projr~cl•? Dlr. Clark said yes, Mr. Ramsey aslted Dfr, C.larlt it he hitd DI r arty l'ather' inrorlnnt- loft C o a dd. Clark said no and tIt itL he tvoul(1 be happy to answer any guest ions the Comm tttve alight. llilve. MI•, (,'I ark Lhanlied 1,It e 4 Committee Member's for Lhr it tune and s1:at,eII Ihitt their positive cortside rttLioil or this project would be it pp ueciaLed , Mr, Riuuse;v titit nIt e(I MI CIarIt t.or his pI, ese ntti tioit ~ Ms, Rocs mentioned to ilte Colon iLtt.c Members t.IIaL Hie Mi)III t•es which were provided them From Lhe two Public Henrings were rov heir tnFornultioil oil h' and that, they did tioL vequire apl,troval, Dls, Floss Loki Lhe Committee LIi cy :>hotlid have Lhe covvected Funding request sutmuar'y From they 'social service agencies, Ms, Ross 5Lit ted that two copies or Lilo questionnaire's from t;he social servicctti agcnates are it vIt ilit blc ro1, itrtyone who tvoulrl like Lo review Lhem in furtlieI, detail Ms. Res;s stated that, (lilt) 1,o Lhe anuat-tIt 1, and size or the gtlesLionnaIre sl it teas re,1t: Lhat wits a lot, of' paper For the me ill be rs to look t.hrou,gh, She sLaLed that each Coin Ill ee McnlFx>r received it sit in nt:at'y or L1 c human service agency rect11e'4 Ms. Ross Ito inLed oui; the agf.llcies on 1, lie stluuniary thai., were funded from CD13C .111 Chc, 1691 progt nn year: HOPE, Inc $24 , 9(;0; bit,]( Kid Connecl ion - $1fi,063i Preuit l,:_t1, Clinic - >21,.15Cand 'HYU Cates - $250000, She pointed out. that. t;he 15% cap for 1!192 social. 9e?vice funding will be ,t pp r o x i lu a L e.l y $110,000, She st.al,ed L11,11 Lhe Committee wolltd pr•ohahly not want, t,o it IIotaCe the enl:ive amolulf, because HOPE, Ittc, wolltd not, he aide Lc oxpcnd 'It I of t 11(,i 1, 1991 rands unLi1 Do cem III, t' itnd t.ltitI tvionld need Lo It(, included in Lhe 15% city, blr. Ilamswti t',ked Ms. Rr> Co ',riot' nlenll,>evs on I,he .SUCirtJ service agency rey~tt_;Ls, Ms Ro:r, rsp.laincd to Committee Member> what sere rco er.c11 agency wottI(I pl ovi.cle i f Ill 10y were rundl>(1 by Lhe iLy or Denton through either f;DI3G or Lhe human survices hudr(attMs. Rose sl_iticd I:,hat. SPAN :ipeuxls Cily dollars rol ihei-r hnmwwtkor progrilms, atssistin1 ~ Ihoe over age G0 to remain 1wh,penderll tvIIII their merlIs prorfranl iuld d;ti I care prot;rnln, Rric•ndti of the IcamiIy Ik; ihc° ohllr:,c shI- I(r, t.1w,N also hitvr. ;A c1• hot l ine JLrld provid(' 11't4I IIlk" ' to N It I,J111', o[' ~tnlllt' iI.IC % Iry1elw(,, I, I,(,( ,Noov(_. ('it i_I(I Crarc' al Id City ulnly Day N1 I rci(!r,}' IF rovidF• dal CoI'C c_ Y. i Agenda lem_ll~S ' -3 DIla I ~y ~ a s' Page G Unofficial hliniftes 1) tic Colouli-tLee Meeting March 231 1992 a to low income families, RSVP is an elderly voluntcer organixal.ion, ItS1"P `s ConLr•aCI requires Lhat. Lhey spend C i L y money on their volLill Lee PS Sa utuC11 ox of Lhe funding gods Loward i,he eoHt of at) annual. dinner theta t:hev give for Lherir volunLee+rl,. M€. Rosa noted I:hat the: rcquircmenh Lhat: RSIT spend Lhe money on their voILinLeei, i.s coil Lract,Lift i The fact Hill t. Lhe services prov i d( d hp 1, [It' rtge•nCy are ACcompl i shed through ttso or volLill t.cer:; leaves very LrL1,Le eISe t:o pend Lhe CiLy do llit •s on lie Is i(I es Lhe It pt:r'eciIt tioil fit no, t.loil , We roquosl. Lhat. they c10 not spend Lhe funds on adminisLrat..ivo :;rllaries. Mrs. Ross continued Ola t; ]TOPE, Inc• spands Lhe.ir general fund dollars on I.heir regular progrlon of assist.iug pn1,c'ntial l} hoale1e: s front 30 Lo 90 days. I'll(? $24,9130 in CDB(i money is hein6 utilized to SI-,arL a new program whe'.re a smn.l.].er number' o1' ( lamii.ios wi.I1 1) e ase.iSt.ed 1'01' ill) Lo one year. Ms. Ross conun,ii1.ed Hint, his, AtJkir,s, fIOPE Director, ha11 oX1)e•rience(I some ilvo1) Lerus fi -ndirttr :a crkse%YoI,k(,1, to admi-IliSter I.Ile nely program. She has note III I-ed someone and the program will get off Lhe ,?round soou• Ms. Ross stalc-d she fell, Lhe Comnit.Lee w;ls very familinl_- idi[,h Kill Connecl.ion program e_ii, the MLK CeliLvr, She st.aLod I.hilt Lilt, Colluuuni t y Food (',enLrar provided food aS:;i si:ance i.o anyone who had et place tq prerprlrc il.. tihe added thnh i`1;. }3urk, Director, wi.l I also t•r•y Lo give ~-;ome food Io honlelves per';on but Lhat most of 1.11 e iLents r1,gUirod prep%iratifit) • CDBG pays a pol'Li(ill oi' Lhe nnrs(c-ulidlail'c•'s :;a) llry Itt iile flen,ltal CI, i.a iC. Sho no Lerl L I t I heir, ncIJ 1, 1•cltro lit watt; to cunnne he S al.a I, -y I Iv Illen t.. 1WU CareM". Rocon I,inued, i:~ speLldiU• funds Lo ]nlrchaae denl,411 crluipmenL, She noted Lhey held exper.iouced some prol.l um,-, gel,ting Local dentists Lo partW[pale ILI& Lhal. Weir nets rer]nrWt was 10 pnl for dental car" Iu indigCot perr,ouS. Mai, lfudriguez slated that she thoUghL Lhe IUraI tkI tli L:iI wr'I'f' nal' 1. I L' i]),-1. l lt~. ii' 1U6':i rN[it!!)I1i 11,11 I htti S0IllC dent i st had s;rL IN they w-re will i nri t-i.) lie] 1, but , '•1,tr i.ut ILuni 11 oil, [dirt Ili rector', h:u; hrail F1 diI Yicnil time glcl I lnv, 1 hr•m tot ctuuniil. Lo :uiy Lype of sc'he'dule or, thn}' do nrll, cnnir• ill 10 11rovitle care when Ihey are, .uChcrrlhilcot , Rus-~ c'onl:innerl Ihr• :;Ilmmr+rti iyi111 Dh1\ hip}-, I'Jnwv. ~.t,Lir"i Ili;tt Lhir. vy;IS n Home 1'r,)1' ;Ih1jsc1rl ru1;f uc'u1,'cl "I ellj 1;11 (In. c `+he menL iuued tllal 1si iznbr•i.It +;:u•r:l t hhL. h.L,i i,iultL•r'rirrl t llc urgallizal: ion wont 'v I() have leAl%Il hUfOr.'S IoI' 11[r en, IIn[. ;1'111 begin wi1_h hits ('11c i I AR,3ndaNo, ARon(lnItem- Page 7 I UnorficLal. Minutes CF)HO Committee Meel.ing larch 13, 1992 C'.ASA is an advocacy group for victims of nhuse. Pls. Ross explained i.laat. thr organizal,lon would Lraitl advocates who would then as'si'st. the victim:; Lhrough the Legal process. She staled Lhai CASA is a ^ sl.rtt.ewide organirat.fotl i.}tai, is set, up in several count-ies and wants Lo get going in Penton Country. Pls. Ross sLat.ed LhaL Literacy for America was an attempt, Lo cs,paiid the liieuac,v programs that, aro available if) Deul.on. She st.aLed LhaL Jo Montague Formerly worked for the library and carried out. ractivit,io s Mader a ilrant, ror Literacy programs, Ms. Mo11Lague is IxyiIIg Lo coIIiJIIue some IiLeracy prUgraaatB, in pal°t.iCUTAr, she. WanLs Lo start; it roadi_ntl program at, the MLK Center. Mr. Ramsey asked it' this would be based in t. lie I ibrary as i,he other program wits. Ms. Ross said actually PIs. Montague, had not yet tallied with Sl.eve Johnson at PILE but, Lhal. Hie ML,li Center was where she wanted I.o hold the reading program. Mr. Ramsey asked how Kids Place differed from F ricneIS; or the Family. Ms. Ross rf~plied Chat it was different in scit.Ie. II, has none of Lhe concise1 ing mid wil t nc.L be as .large as Lhe slip, ll,er. Pls. Rodri guez stated that i L was focused oil Lhe chi Id raLher H11111 Llie fam i I y . Mr. Ramsey, t'hell iuLroduced Bob `I'Lclcner rrom P.-arks rand Rrc. verit:ion. Mr. 1'inkrrer addressed Lhe, CoFit ill i {tee reigsardiI I g Lhe regaesI, ('or pLay,:;roIf nd erlttiprneni, al. Evers Park. Mr. Ticknor Ihanked Lhe. Committee ror he<triaS the reguOs 1, and . commenLed that he knew thaL Like job of Ilist'riltuLinys (N)JIG funds tvah very challenging. He stated WK Lhe Parks and Recreat.!oil Departrnenl, had attempted Lo get eclnipin cnl, 1'or I.his t,nck in soinc other ways but. had not, been suecesal'ul. He went:ioned ;;peclricnl IN a, request !'or 17urxling front Lhe T .ay Parks and It'! Idl ife DeparLmoni . That, request was nol funded. He noted LbaL all the trlrtyt;roun,l erluiputca"t pUrchased and inv;tal led during the Past. Len years has bee" t.lae result of a grant or a donation. Ile mont owed one of Lhe first; instal tat i ons wimp he has Been w I I_It Dent ~a bark in I if(, rat, ly eight.1e-s at Fred Moore Park. Mr. Ticknor used a mall to csplit iit to the co min tl tee whore Lht- equi l'RIIent. would Do Inr.•ated l r ruiv_ix wr't k' ell (oc al_ert li_i t he hrct,ic'c't. He pointed 0111 the i,hrec art.' 'I'-Mall f'ir.lds of L.vI'r'S I'rtrl;. Hr pointed oat lba,. Clte a,;cfit e"L.ur s Iacutl hits a;onte erluipnicutl. bat, tJiaL T10110 wtt6 availahle in the llarlc Hr noted IJittl Illm-11 oI t11" Ci:%,,!; equipmonI m:ty hrrcmne outclnlr-d on o iown II or the new ;Inierir~a"s with l 1)isahil {hies Act. He m,nt Venezl I,hat I.hr, nrca ilm'~ tlnrtl Iry I'„t• fending antler a'aid'l inr,r,.. `jr. 'I'if,A.Ilor M4li.,1 thnl current le the (_'itry tuts "r t'IIILtIt for 1.1:tyE!I IIII e.lItpntcnl iu :irLl,d ill:at , l 1i 1 L AQUrid,l No, Alfencla /~i cr~ aZ Paga ll Unol'fi.c.ial. Llinut:es CDDG Colruni t Let, McCt-ing March 'l;i, 1992 Lhere were soma parckage~7, in thr- CI1~ for <;onsideration, if I;peso are approved by the voters, funds W011'1, I)(' availablo nnl,il 1997. Mr, Ramsey asked i.t' the specific r•atiorlrale would ba. Lhal, t'oI, team sports, not-Llr of Windsov, Lhe park in well established but, I.llere i.sn'L luny, particular equipment for inCorma1, acL.iviLOR. Mr, Ticknor responded Parks and Recreal-ion has observed over the years LILa L 1) Lirygr'otII I d cquipnrenl. Ivies in faith Ihe it t:hlet..ic Pat.i_liI, ies, Fit ill iIies that, wine for a hall game britiff, young Children who fire not interested in walchint; their s.i'lAins; pllry, The playground iS a p1ac0 for t.lieul to go, Ile also noted that. the p:ecnic shelter area r, also oil Lhni. side and ca playground ill the same Area wOUId malts i L convenient, for famr l ins. fie fllso commented that, some of Lho leachers fro!n l.versi Park l"Joilrenttlry may, want. Lo take their k. i5 to the area ral, recd s, Mt Ticknor sLat.ed L.halfor $16,000 tilt' area would gel. it I'll irIN large structure, similar Lo what, was recently put, in al, tlae Civie Center Park. Re staled that they ro(.,eLvad ,i grant from Lhe Rellof'i.t. League for that I) ro,ject., Ile noted t.fill t the equi}IIII arlt ill. Avondale Ps]rk cost around $18,000, Mr. Riunse,r asked if' there was a fence along Lhe went property line. Pfr. Ticknor said at one time a fence urnrked Mr, Tr•ippe's property, hut, he slated t,IIaI t I I e renl'<~? hrtd smile been removed, 4 M r. knIns;cy Ac.ked how the F.verr. hark arHrl related to I, he C:DIIG TFIt'gel area. Mn kos: stnted that thi=1 waF5 in cr=laws tram $O'I.0I. Mm. Flemming s ILod that 78% low/rnoderaLe income was written an the questionnaire. Ms. ]loss said that l,;as correct . Is. Ross Asked if the Comilli l tee' did not, rocoilmend fluid i rig for the project were there any prospocts I_haL i.t would be done c~nytimc M,no n. Mr, Ticknor said not Lha1 he was awnve rlf and thit C Llie UIII regncst for trio type runds Aren't projected Lu maierinIyu an LIl IIle 96-97 CIP year. Mr. Ticknor ht.nti'd chore it"m nn matching'. dollars to Lrying to riecllrr nny uthor tfrrull,:,, Mr. k'ull;e asked if' biers arc all y pvoi!r.aun~~ ~,ut I llr, i I Il rI BG WO IIal nl]":I I.W J110 'iegrl" rn()'ley on !:l llta tch illy; LIa1t ,IIirl L I I a I Iha ~-~nlv Ill;llclriIlr m eusc,~ y ' (Mail he 1~Ii w1 c, 1, I ]'ii~lutcr thrnu,gh '1'rvui Park, l 1r:,, I Auld i:,. and ivi ldi i lr and nul,<,Jt- rr all l>l,uows: ~:h,al ihr- ful.ure o f Ihut i lip. Ticliul-I °r„Iirl Le lualov,glaurtr: a d._cki"ll 1%it made tint - ;all rrv~°nuc-. will Izo I lLigrnrlr~l Ll~llli !'L~r real lor;al i,-Ir'.' Mr, 'I'if,LIIeI .A I d l} I a 1 I ! h.' cvri~ thilu; the Cily hil~, lrpt-omiIlk! I 11 Ihv 1,'I!,' I11' new 1,1'Ili;r'11111111 c la[ il~lflel l~ an(j Ill, F.LIIi LFi, < ye•tu s in.~rly, ra ft':;.r s, Park" ;lull VI 1 11 1 i le {ir:ull. 1'e.r %oll ll i,akh~, (j 4 Aoontla Ilnm^l Page 9 U11offich-1] ~finuLes.; CDRG Comioit,Cee Moet,_ing March 2a, 1992 Park h Mr. Ramsey ,l,,Jiel I if there were any plans 1;o put utyl'.hirl!; up al, hI11 Mr, Ticknet said nothing has been put. aL M1, Iz and one of Lhe cc?nsi(1eI'll l;ioit s was wlIeLIw1, t.o 1) tacc- ~-.ome I, he re, hilt, with tIIr, Itoiq :;drool Ile iug bu111. I;hey wolrld hat., ~ c some I:Llygrouucl equipment, Mr. Ramsey asked about Do it ia Park. Mr, TickIleI. said Cher - wras nothing scheduled for Denia. Some a1,1)1oI,ic I'll ci_1.ity ren0N'aL.ion was (tone with an' 86 lluud tsc;rle, hut, the I I !:nyt;rorrrld urea wra9 not. i,Ile] uded .in f.haL. Mr. T1ck1) e1, said 1,Ilat: Che package for park renovation in f, he 96-97 C I P plans Lo go 1.o ;II I the parks wiLIti11 1, fie City and doing :."orno playground renoval'-iorl, Ile stated Chat. is the first. poLerlt.ia1 possi,bIIit y tho }-arks woII L(I have I:o 111) 1Ir playgroutlds ;uu1 I,11 al needs I,o be approved by thc voters, Mr, Raulsey traItked Mr. Tirkit l' for his 1) re'aeul.atiou. CarpenLer Road il'aLer/WasLc'Iva Lc I, ticr•vicre No r}it es,i; spetlkerIs woi,n Renee Baker, h'rngim!eI'r Ut11iLy Do prlrtrneh1, Jerry tosg1,ove, Ac t.i.IIq Angitleer.ing Adnli nisirrti,or, R'at.c'r/Itinstr-lvrtl.er LJIA l-i l it's, Wade IA l l i c, ReslclenL on I.arpenter Road, Ms. Renelo 11a}cer react a surnIntiry as I'oI Iows; Oil hehal1, of the narpeIt Cer Road neighbors, the City is r'eque'sLJng sIx ancIi I,'aIeI - li)le and all eIL,rht inch was 1,oiJrtter line propowd Lo serve' their sovc,n re'5 (1011cc"s, Cal'penter Road 1 located on the rlorLh side of bfcl+inney, rlue wrest oC Lliv B i I I y ttyan Ilitlh School, III accordr.nue w i Lh the ('UhG funil.ing ques;l.iorlrul.i rr-'. nr' igltboI's ttre requeatiul, os!,isiancc' I'() I, insL.ll I:tl.ion of pit 1)11c wal.el - and w as l.cIV 1Ler i mp rovenlenl s, 'Ihr City of Denton 1I4 1 u rtgreod to provide the' (III II v1,in,q r).t no cost Lo LI I i ueig) I boI'll o od, 'I'll 1) ro recl Jvotlld hene,l'i f. I o w I,o nu.IderaP.o• income di ttzen5 which is one of I.Ite n,ttiolt:'t o1),iecl,11, t- ol' CD IM I'Ilud_i I) An ownc;r"sh i p (1 i sl,utr, I s ctlrvori v i it I3tig'tL1ofI oIoI' Lltc' pov1,loil nl' Ca rpoIIIer RoaCl conlloci 1111-; I hesc n(' itghLorL; I-p Mr E inoey• AllV t)rnpn~~:ccl Ict i l ] L icy: wOIII(I nel`d (.1"r lu) rolltt'rI hll'tlt_Itlrl Ihl7s rlro.-L, 1) I1iD illl!.~ ~i {II>1'0VL to k IA ,L-1110111. I er~11P:-, 't. oI ;1 1i1'c{n>Sr'CI I,' ,II. r°t' L 1 Re :ILont; llte pc. :t 1n'clpert-y i ine. I'ile +,tis l,ewrl ltr tinr~ ICCi~11 C1 be tun tecl tlr sl n!' ,1 ire (hic;llulm's tr, try WKI'ulnv IVn; tllr' 1 l 1y 131,;u r;outh t,o lrllar'rnl h l'VI,o CI,y tnlnrr~.; (1cl, eI,ba1 Iit tIIII ttll 1I;I 111'ell o1)I;,'n,^rl Ie)I Lug ve :4, LIt of Lhcasln@IIl Ih[` I(til(I„hl,ti .'lre UE'r'F'llLi'ti ir~Pitltl tht'UII{II N IV aICt' tYi'Ii IaE`tl It opcl'.1 I ,1rih>n.cld~ L'Dr.cnrllcl Is LltcIt ~,ersrn tiro ~.![~II" I,;hI~Ur IicJ~~ri is III k i .tip I I i; u f Page 10 unorl'icial Minutes CM1C, Comillittoe Meet,iug Mar:h 23, 1992 Lit.igal,ion wit.:h Iight now aLouf, t:ho roLul. AtLhough t.lle well has passed Lho water dualiLy performance• by t,hc City Labor-al.ory, [Ale neighbors have sl,ai.ed that Mr. McDonald has Ihrent.oned Lo cut off Lhoir water supply. Ror this reason, the request foI, waLel' line funding would I % k e precedence over the waist-ewater request„ Ms. hiller .s,,ai,d they would he happy I;o answet. ally Collimi t; Lee Members may have. Mas. Norton asked if I. lie area in cplestio!IS wns in it CD13G target- urea. Ms. Ross si,at,ed that even though our map does not, go Lhat far, iL is tract, 21d and is a low/luoderate income consits Lract wii.h Hie perccnt.tahe ral.e being 78.36°%. LIs. Ross :;fated further UiiAt, she was not, aware exact 1y which block group it is ['or Lhe seven hollies in question and csnnot, tell exalctly wilai the tot.'/uloder'at.e benefit: is, hill. thal, Lhe overall census t-race i:; 78%. Mr. Ramsey asked what. area t.hc! CelatRU3 Lraat 214 co~~cl:ed. MS Ross stated this Lt•act goes a1l_ the way Out, Lo Lhe lake Fuom Maylli.LL Road. sir. Ramsey asked in t:orms of other portions of the cil,y where CiLy utAIIties It re eSIerid e(I , iS l,llis gencrr'11,1,y clone during the developineat, phase? Mr. Cos';rove sl in that, is t.hc u~:ual-ly method. Ms. Rodriqucs', asked wily Lllis; neighborhood wns not on the City utility sysLenl. M:,. ilaaker st„aCed Lhat tali, Llit, time Live homes were bitiIi,, t, it(, area was n o L within the city limits find Ihey here Mat. sl-1b,jecL Lo Lhe City's rules. INIs, tiod1, i qal eZ a"i I f, "he 11 Lhk. ill't"I 111 c,llle5t iOn WLA!, atlL I,N 911, would i;he City I-Alon bl. il; in s1.Imc of iit(- <,cl vicep;. ?Is. Ilak(.I- sI;it Le cl I, hit L ail n e Xalt, 11111 `-,aye; I,hat, 1J11 c,11 ;VOII1 l11' r' tilllleXod the CiI.y w i I 1 bC'giII Lo Inaial,ain I)ulllic lines hilt. it rloo., not saly tfinl- I.he C!.I-y will (t xleild 1 Ilion 11., r) 1111'.I 1. V' 1(I Ll al I UIIS t, to IIIe r}i. Nll'. 1 oSu"I'o%rv rltalt.ed I,11 aI. t-11i!-; scrNic'1, is paid for Ily I,he cllsi-outer tlielnselver;l Liten Lhe, Cit,v All ma ItAnin the svrvic" from t.itio ti.ua ilk' stitch iti not File policy of Lha City to or,t.cW Service I,ui, is done by Usually by Lhe developer or by the roll iv idullI hem.iowne'r. M1 . Cosgrove sLuled Thal - Lhere 111.1 progrnn; i11 e,gir,leMle riuhl. now Lhal I'llkes care of that.. Ai,;. Prifivi(luer asked it Ihere halve been circlunv;ln11f.a ill wl'lIcit Iedivi(111reIs pa id for LhIW _ovvice lalu,n the nlc I wry , aIIvNCO? ?In' ltnk(,r '_;laLed tlvd, Iliv Slav on their Iurrent ,v,t(m ru11I if iW I ore pllhlic liner;, ILL City will mainUtin Mai. Mr.. R,Iker 1-;11;11 t,hall I11 1. lie, c i I F,e wlle I., I Ill' holpet! aJ ill;,)' It: +)11 Iy;l t.I.I Kl" rl ll~l Ii' I r•Iit \ l r. it ,I Njonrta No, Agertda Ilnm.__~S 3 halo thio!'ficiral Minul.esa CDfM Comrnit.t.ctc Aleetirig March 2;1, 1992 1AW C:i Ly does noL take,' t:,hetL over--tile homeowner cont.illue, Lo operrrL(' nud majrrtnin I.heir• systern, Ais. Ross asked if there acre other neigltliorhoods; in the Cil,y l:hrtt do not, have those services extended to Chem who have been in the Ci t,v limits for a longer perioc{ or L.iuu' than this ncighbot'hood'? M%;, ' Jlakrr stated i,lie re arc some mobile home p;trlt8 on 11 i9hwny 380, some averts right, around Lhe Wast.ewater' 11.1mit, and various areas in the city limits tol;atliw! tabout. 20-25 resjdences thIt1, are riot, living served and have bean annexed, Ms, FlnIt er said she could not ;answer how long r these have been atunoxetl in relxl.iouship to the Carpenter Road resr_denCs, Ms. Rodriquez risked it l:he tesident's cJted vo not, recc:ivirrq r;,iLy wetter, M° ;inke r said they rveec not, receivin; wasLr,ty; bc,r serv E City oval:el• and/or a es, Ms. Rodriquez asked il' they City f.ax paid by citizens would warvanl, thorn Lhis tiervice? Div, Cosgrove said Lhe Ci Ly, s ul i.I ity tales are sett tin such thal. City taxes do noL, support the ULI I ity DeparLment, i'unctiOil. 'I•liaL function is solely supported by the rates that are paid for ul,iIil;y service--t.he fact that. 111A.JiLios pitys six percent (6%) of its net. investment, hack to Genf?rrtl Government ns part. ol• ULi l Kies doing business, it may he more proper to stty Llaat the city rate payer s etppor Ls General. Gove, I, I t nr e'nL, nol. Ci L,' t n x pa Ye I's s; r.r p po r t. i. nq uL,ilal:ie', Ms, Ifoss atskrrd if t.hetrc' tit'(' ',i Lura L. i_o n e, when 1, 1W Cite eX tentls %q ti l,cr and wasLewat.er nt. Cit.} cost:' Mr, (os'rove Said Lhe only time Lhe, City extends Lhe sc se 1,vir es is under' 1, 111, r t ,F DevelopinvrI " L n 1 j cy - w h rcL is itIt dove lopmonI r s goiil, Lo Irconomi, t 1+ tolerate t cet1,niti atrtoIItI oC iIIx revertut• under' thetL precoFel. duly, Job. , whatevov, wk- would dt! i_I Ms, Ror•,s ns1;"d if, r-lard Iorit, f) I' how 1'~ar the cII extended in Lhe I'ottrro' develc>J>rnentrt such a5 Lhe• iJetr-,enItrrt+~ are which have been rtune•xel inside tht' cii,~~ IigtiIs wiII nett' r t~( .Gti>~td C.i Ly services trnl h I hey fart} t,o J);tvc I.heii o,\ 11 o I I od? Air, t'o~:l;rove, said ttc would not say nctrr" II„ I;It l i,hnt: il' the C'tt.y needed to e" Lend servi.c•es down '-f t,y-Iil I I Rond and th"N' were t;oirag to qo rigid by nn r.Llit, xod 1) r•ope1•1y Ilu"n (,lit, sr'rvi,,-e, woultl ho ;Iva ilnlitr•, Ali Corot'e sit id Itte,rr irjol a poliuy itt 1.tl11 e•c not: or ckJrtg tit, ,,I t.he~e tiL1,fe p•tckoI ul' :l 1.1.w; nntJ J>rovidiug ^crvice•. `4e;. linltor I'trl'ther sl.aled Llilt I Ih(• iettt~,Llll t ilil iles; may e.Xte~nd s,rtvic(., in Lhe• I'll t.it re is rlue to :In ul~r ial h, o l. r i fill) t 6vcni<'nl, to I be =.ti . Lt'ni wli i,, IL is: ntl,rov i ng i rt>t• I h, rxl •I,;tt'(•r, c r. ~I /1fJ011 dd No . _ ~~o~ _~~J~------ Will P:tge 12 Unofficial Minut,as ('DIVA Conrmi Ltee ileel ing March 2,11 1992 Ra]IISey itSked the Comm ILLee members dt' they land an,r I'll rLher lrest.ions in reference I;o t,hc, Carpenter fload rec,luesL, 4 Ms. Ross asked :since this project, is being brolight before Lhe CDDG Committee, is it, Lhe op.i,r;ion dial this is the area thnt is probably most, in need of water and witst;ewater of any of the neighborhoods that are not. currently served? Mr. Cosgrove stated Llrat this is the group who hits approached the Ut.iJ.ity Department. for help, Mr. Cosgrove slated Lhat these citizens would not have in el.l.l,ernative to waLev other Lhan going to the supermarket and buying one gallon jut*s of wftLer. Pie, hi.ll.ir. stated that, legally they were not sure Mr. McDonald call shut, off their water well supply, but they didn't think he could legally put, a fence down the middle of the roaci eiLher, Mr. Lill ie Mated theal, Lhis has been it crises felt for over two years as it has gone through a very slow, lil.i.gation to Lry to deer. something done Cu resolve t,hnl„ Ms. Ross sa1(1, in Leans of income 1_eve1.s, at detc•rmIitntion o1' the income levels of the seven residences requesting CDRG 1'uncds would need L0 be made She a.ISked if Mr, IA IIie could provide prl,litlli.nlry data on Lhi_s requirement, •Ir, 1,11Ji.o sI"ALed Ihral, ho fe11 they would, ,;I;al.i11g Lhat, he llroha biy have the highest i_ncomc or ;I1_l the residents iuad tdraL tae taork(,d for the school IIi -strict., M r, 1, iI Iie sLaLed the citie1, c o I I cc,rrt is that 1.he roars concern is to go before judicial ruling in I,hc very noar fu Lure, The. neighborhoods imilled ia.l:c conr,evo is Lila 1, i f Mr. 1%fcDo IlaIIt Iose; on Lhis ruling--which every indication is CheIL he wtII Chat 11e will ,jIts L deCI.dc 1,0 shut ervOr'ybod;: off of Vl1,0P service', llr. 1,111 1 e sI'll Led they had hivh hopes when <;crvic,e:, were in:,titI Ied For Rynn 11igh School however I'llo waI,(- v service cause don's the =;.uth 'S idra of MclCiTilley and Lhe tPaSte WALer l..ine t'.Itart wlts run is at tin t.LevilI oIt I,oo high for I,hese noighbors Lo hook into, hls, I'tosx noted Lhal, (Al(- I'utadinIf guar;I,ion1Ill I* . ,titi,Cd t.ho neighborhood migili- be able LO Come np wilAl 5omr 1'11nt inti f(Ir 1,11 c• I.) rojoct. nlid asked Mr, Li I 1 .i e i o sttoak Lo 1.1) :rt 1'eai h i Ii t.y i it I erme of how Ill lch, Pip, J,i I l j(. snick JIe di -I not. I;now how ulltch wnlald I,r. available, Some of [-]It, cmisen:-:u'. t~'ar1 Lhai, some of Lhc residonLa; talked ;II)OUI I'I k1II olt1. lmllle Itrlnrov,ollient, lolllt~i to i_'olnr up wltll fnlxis~ Mr, Lill ie staled tIt,tt nurse of 1, Ill.' people 111 the alrea lend "ne:;t, cyg". bui It III,, .Ms, Rodri,luer, yncsi i cQueti i I' the uCic;hboi brut null, i r{0r`1i .I r i 1 I i us l,heir own taelJ Lit sul,hly Lhan t.ntc~l t Si Agenda No, r p Ellin fit{ or2~ /J Page 13 Unofficial Minutes CD13Q Conlmi Ltce Meeting March 23, 1991 Mr. Lillie staled there would no 1. be ewillg11 roam for a sanitary waLe r sy5t:em considering the closeness of and Lo the sept.ie system:, 0 Ms. Baker stated LhaL the mjninnim lot. requirement. Lo cIr111 a we1L is one acre and Lhe Carpenlxv Road residents have approximately 1/4 acre lots, fi Mr. Ramsey asked for further quesLions the members may have. Pfr. Ramsey thanked File Finkle] for their tune. M.S. Ross spoke, to the Committee members regarding the Lttst, agency roque,,Li.ng hunian services Funds--StarLing Over, Inc, is an organi aLion that wants to acquire or rent a hol-ei-type property and turn it, into a half-way house for persons who abuse alcohol, and drugs. Ms. (toss stated thaL this request came directly from one of the Niels mocl;ings wle-re citizens slated Lhat troal,mrrnt programs were needed. Pis. Ross did not, know t.rllo, but, someone from the NICE group Coll t.act,ell Mr. Rick Gibbons who comes to us from an agency in Dallas with this proposal. Mr. Ramsey asked M:s. Rosa if I.here was any prior history on the agencies who show zero dollar funding For the prior years? Ms. Ross confirated there was not.. Pls. lioss stated i,hat she vulunLeered for Jackie Doyle, Iluildint; Inspector, to give the presentation for funding of dcmol.ition 1, rojet, 1:8. Ms. Ross sLa Led that, Comma Ili. Ly Development, i5 c.I I r rCIILIy preparing to (I entoIisIt ten s,LVI cl.uras which shoIIIIF use eight to nine thousand (I aI_I ars of t he currr,nt t' I f teed 1,housit it rl do I l ar unhl,enL balance. Ms. Itos s stated this is tohy the' ro(itIe t front Pfr, Doyle is for less dollrtrs ($15,000) (Al ut fund^d ill previous years. Pls. Ross said she obtained numher•:a front Bui ld,ing Inrpet~tions shut~~iutt ]ti'L total ,Ili ,sf.andard structures have been Lal'geLed. OF the 1132, :34 are raLed 5u (t)e].I1Q_ the riorsit catCQovy), 28 lire ~'4,s62 are raLed " 3 1 S 1 5 11111'0 r'at,(-d n 2 u , aI rI 2;I acce'ssor'1' hill Iditlg5 ]ley believe need t.o come dot.n. Pls. Noss fool: the de,InoliLion process is now ill pl,~tce Lo a poi n~, that the prof{rant wi l l lute up 530, 000 dollar3 (a Snrpl.ns 11P $15,000 Prom 1991 funding and Lhe .$13,000 regllea;i,rd l'or 1992} before the Y<ea r is out,. Pl-.. Ross said I.hat, unfurl.unately t.hWret have boon e.omc addiLiunrlt- requircnlenl.s slacked on us by IIUD in Lhrms of makil)g sure 1111]]. I."' docnin1-1klt, that (AW :-,truciures have her'n vacant 1'or' one t'car. 1'eI'IUi'.~;iall nnu;t. aI!l 0 1) c ohLa i.neel from lllt• Conn! P; hill ] Ill :ill TP l% l)Cf ice,:, Lu 1,1.t,1' eI wi l l] d ow i I ielns iri UP uvent nny h uP; Lu:e=r nrr o%,:( 1. I'hi~', nutkcs. I'ejr moll(, l)l1pt11 wC.rk 1111 1 %I= . [tug; Lrll ~>J :,,hr feet s rIll _ orot_(, that It IIi Idirl; 111 .eel i o I I ~ i., ,toinv; 1.11r, I I c!iI I I. t'u,r;nt .Ltd ;onlig~nut thoe;c houses t Iwil re 1171' tl1will t o Cltltlllllnl 1 1" I)C t'.• I UI+III~_'[11 1 1 I1f1 I A' I ri) nt, i ADnnrla No. _~p2 ; 0/~~ Agetlda 11onr ~S_ e,~ Iwo as Page 1 -1 Unofficial Mlnuf.es (A)BG Committee Dloet, i ng March 23, 1992 LO work smoothly rind it is Dls, Rosj opinion that; the cuprenL balance plus Lhc: requested finds shoilfd be completely used by the, end of the year. 4 Ms, fiemruing asked Ms, floss if the status of the properly owner hnd any bearing on wbeLher a demolit,ioo is, done with grant ruonic.s, Ms. Ross srnid, as was 41iscussed last, year, that, if the property owner is low incOl e, the deetoli Lion is Bono oL no cost. to the homeowner; if the property owner is not. within the low incOrpe VkIideIin es and the owner i,, not r ping to have the structu 'e deniol i shed, 1,11 en Co nnnunity Deve1, opmont fund; they de ma Ij,Lioit and puts a Herr on Lhc property and the property cannon hc. sold WJ Lhollt, payint, back the costs for the demol-iLion. Ms, Ross stated Lhal: Ole relt Lhe CiAy ironI(] i'arohrrbly never recover 1t.s costs, but tlie re may be it possi,bi,Lit.y the property could br used by the City in the I'uture, Ms. Ross st;atad that Mr. Tsarnliarl actually had to Lilke. requests before the County Comm,i, 5sjoaer•s to obtain approval Li) demo] ish propert.ic;, where back taxes are owed, Ms. Flemming asked it' the demolitions clone with Block Grant, incnoy taerc, lei t}rin the tan got, area'? Ms, Rose. stated that (i('11101 ii i o11S could be done anywhere within the city, hut. sho fc4t, that llinat.,v percent or more of the properties, completed or t,argoi.od for 1'ur,ure demoliLion.; are in the cit;y's targ(~L areas, GIs, R,oya st,otcd Lhal HUT) guideline:; propcrt,ie<; outtaide Large], area., coltid he referred Lo rrs "spol shilil and blight" turd be deniali~;hod wllr grnul, t'unds, Mr. Ramsey askod M.". how tuauy separate si t.ea would Lho $16,000 in Funds cover. Ms, It oss stated approx itno5,1y 20-25 Mr, Romse;r said, out, of the 1U? Ms, Ross srti(I yc•a. Plr, Ramsey aakcrl Lhal, Ms, Ro.;"i aC}~Ir(sa ironsi11-;; Ilell:rbi I i 1n1I ion Program request, Ms, Rosa said the requoiI ic; +1111) roxima1, e1 00,000 icsa I'r~rm 1) rev i ortss yetur~-, m ild LaLed 1.h i i ; l rr r'c r~ ly due to n hac:ldl )v ill urted funds, Ms, Rots s-; a%I e Ii that, L I k I e I.o the to o i' I,ho (_'la Secret e 'l last. year t.ho 1) roccs:;inpl ,,f I,ho hatax,1rr}; rohahi I i Iat,ioil vogram suffOrerl filler Lo t,130 lack of inanpow(,'u causing, approxintol-eLy ICI ie projecLs Lo he corut,liti,d Chan wob pro.jr•( t,ed, Ma. Rosa swirl tItal, wi11r the $2,50,000 roque!~l,aac1, 1) 1n.. Lhr sr rplus fund: frOtn IUt)1), i1, iS~, Co L l,he rims-i1elb11 innTOWt- U1' protW r 1. i es, COI LIcl he r•ehairil itatOf _I hi.s year, Mr, Rrlmsey hr171L';1L1. forward 11W f,rcl l it ki, 1_hc rohuhi I i- tal ion hndgcl doe , rove., !,OI t.ipnR n(' Comtlll_ua i l yfaevel<,pnunL~uperarL- int; I:nrdt;cL, M~ , Rows !-.1 1,d I hot h«s!° Cuu~t ; yin p;t~; ;07i „I Lhe lk)rLt; i rrt( lrttipe('tr,r'~Sl 1. tai's I I'oi11iiLLi I rag,! 1 .,IJPJJ ACS, 1oilrl r r. Noodi No -_7.2 Ayenda Ilon1_/t)SS RJIE da d~a8 Page 14 Unoffi_<,ia 1. Minutes CDBGT Committee Mea;tinr; March 23, 1992 to worn smorAhl.y and i1: is Ms. Ross' opinion Lhat, the current balilnCO p1LIS the request.-d funds should bo eomplot.el}1 usE~d by the end of the yeah. 4 Ms. Flemming asked Ms. Ross if the status of the property owner had any bearing on wheLher a domol it.ion is clone with grant monies, Ms. Ross said, as was discussed last year, that, if Lhe propcrLy owner is low income, the demoliLiol, ~s donor at no cost to the homr_,owner; ~ it' tiie property owner is not wiLhin Lhe low income guidelines and the owner is not. going to have Lho structure deulolisheci, then Community DevelopmeriL funds Lhe dcmoiitiun ruld puts a lieu on the property and t.lte property C<vjr,olr bn sold tvJt;hoilt pay.inl; L„zr.k I,lte costs for the demolition, Ms, Ross stated chat site felt the City would probably never recover i1,s cosLs, but, there may be a posslbi_LiLy Lhe property cC,,1.1 be used by Lhe City in I,he future. M:'.. Ross atalsed Lhat dir. Barnhart:. actually had to take re(jkIQStS before Lhe Coulity Cor11111issiollurs to obtaiiri approval to dernol ish pi-opevI im; where back taxes are owed. Ms. Flemm111ts asked it the demolitions done with Bloch Grant: money were withi.it the target areal rl Ruffs :-;rated Chat, demoli1,ions could be done anywhere within tlie' city, but. she reL1, t:haL ninety percent. or snore of Lhe: propert:ie;;, complete(( or targeted for 'future demo Litions It re in the c i I y ' icrrget areas. Pls. Ross slated t,hal. IIIJD guide Iroes propcrt.ie~, out-ride tartlet, araas could he refeavo(f ho as "spol., eJ_um and bJ iLJIL" UH) bey demo l ished WI HI 9r.Ont. fnwis. Mr. Ramsey asked Ms. Ro how rPany scpteiate sites would the $15,000 in funds cover. Ms. Ross stated a ipproxim.tt.rly 20-2)5 Mr. Ram!i~" said, onL of the 1(127 M3. Ross said ye~'. . Mr, Ramsey a .k (-(A Lbal, Ms. I?t adIIII s {Ir~,k1 114 17ci1it III I I Li.I frogrrtm request. 0U lc.,r•; I'r•i1a Ms, Ross said the re,'14er;t: is apl,roximtitr ly >i001.1) prev~lolls years arlii strlt.ei_I thl' ix IHr(,eI~ duct to ,3 ha(•kL!,;; in ltt;erl funds, Ms. Ross Slated that dur, to the:• Io ut' 1.bc CD ;,,,crcIaI-y C,f Lhe ho;I II ; reltaIIi I i taLioIt 1,1 o1,' 1, a111 last y,_'a1 , Lhe 1,roccssirig suffered Clue, io the lack of nranpuwcr LWI Si nJ,' ap1',roxipIi11101N Ip I(','s pro1<c1,e; Lo be r ompIc,(od than w%iti projoc-Leri. Ms. Ro"+s srii_(I I_h:t1. Lli1-11 I'll 1, "t 2, 50,001) re,lrr(' ~,l.ed, pJ+1 IIIe Irrplit fun,i fFOIII 19191) , ii: is feJl t,;IV III illtlnn nLL ryl,(, •r of 1) ropr,1 cs could he rehaibii?tIt.ed Lliis yeah. Mr, R+ullscy 6 rolug111. 1orwar,l ilie fnlcI Iha1, 1_It(, reb:Ibil_i - tnl ton lWyet dorr:=, r'r,Vev 1,,,r1 1On,; o1- 01mmun1 1 y I levo- I oploc'nt:4 npel'at - „ Io i);1 II; l' ih- ltolr:-; I nI; b1 ,a , Rr.55 t al Ott t,lta 1, I h,esr• rn,L-. rt,~~ 1 ,e„ sle•o, en Jn~,pcct,or , .,Il:nry, bi~, 11aiIt tnr;/ _ 1x - u v 4 I' ' i Agonda No. _ fit Agenda Itam_ GIJS alio Page iG o70 Unof'fic:ial Minutes ('DD(; Comm i ttet? Flee t. i rag hfarch 23, 1992 filing fees/costs. Ms. Ross stated Mal, she fett the aunount. requosLed for Rousing t Rehabilitation would he shunt. Mr. Ramsey aalteck each GommitLee member Lo rank tho fundint~ requests before them. Mr. Ramsey stated the Ca vpvnLer Rond vequaast. may require farther inquiries where. HUD lirnitaLions are concerned due Lo the nature of the recluest.. tfs. Ross sLaLed thaL under HUD guide Iines I.his hrojec;t, would fall. under public faciliLies and impruvemenl.s. Mr. Ramsey said this is not like taking an exj5tirlg system and improving on i. I,, hut, instead, adding additional syaloini. Ms. Rnss stated Lha t she understands the Corninit. Leos' concc,rn regarding this project not.irag the fact, Lhnt this is a group of people who have been very vocal and Lhei_r request: has come Lo thr~ Contmi l;tee as it result. Thore may be other areas, in the c-I ty Lhat also need LhiS kind of work. Ms. Ro y; stated that, in (arms of policy implications, she felt t.ha one Liking Like. Committee nrcrls to csonS&Or is that oLhcr granalas mkay come Lo Lha!m With I:hrse typo requests. Ms. Foss I'll rt.hcr SI- aLed S lra did not- Lhink CiLl' Council would turn LIt is mown if the I;onunitlae recommonded it; hoc."All se of any fair reaching poI icy p (1111 m . MROSS SLALeLA Chia Way 01)e:.'rl CU13C 1.11) to waLel, and IV ayt.cwat,eI' reyuc•st: grid if' LI lat;'s what, the Comrni1, tee wants to du, i t inay be itI a'i_gtIt, wi t.11 Connci 1 . M " ~ . 14os~; , stater I Llaral. at, t.hc ta,al, ruoLinq, one of 11)o things Coantcik_ SJ)Qc~ ificat-iy nrerat.-iOraeri was that. ~;(,aff look into I,11" sicewitIk issue and o!' spending grant. funals on sirIeIV it Ik's So in to 1,11w. of f)rior i(y, the Council, in t,larr; in5t.ancr foci' ida_aaIk, fatve ca hiill hc~r pri-orily then 1, h0 wato r _ud s;elger1. Ms. Noss aI o iltaLed t1)at, Council may not I)o aiware of the I.alter and sctrcr p(-quest. Ms. Not-Lon asked if the Carl?enLcr ltioad citizens, hai6 acce=;s to Lhr re halriIitation funclr-; to ohLrtin their tqaler/~;ea,cr sVNLemS. Ms. Koss sLit te ftrnals could be used Io repair !;yst.ern!-, but raol brine; u.-t; 4iB rv lCe ln. Mr. Ramsey stated I h;d in a r eh;thi I i i rat. i ru, fund:; +u c nrr,~•,I ira inaprovinq priva1 hrol_Wrly. Nikon a hat or /t~astcwat(,r I IYlo is brought i n, i L i ")vidc i wl n major t a1, i I,;t I inpivi r•nie I i.aa i bar o individual ot~~nrr>;, ~ Mr, Ramsay a4hod ,•nah (.c)nmit.ti-~mo3dwi Ii, privarc.l% r,aral, thr, ri;hr 1'Dli(; rirquc 1 . c r. ,I Il Apida No Agenda item Page 16 Unof,Ncial Minutes (.'011(1 Committee Meet;ing March 't,3, .t!192 Ms. Norton wAwd if' Che maximunt amount, for human services hctd to be allocai-od^ Ms. Ross. said too, and in fact, .i t hwi hoer) dr•cide(I L1110, because of the I11>)):i1,oring requirc"d for these agencies, the maximum number of agencies Lo be funded should be held 1.o rives. Ms. Rodriquez asked how the $101,3!11.00 figure mu, detr"rmiw-d" 1,1ls Ross that teas 15 percertl or Lhe Local- (A)BG? budge!; which i Lhe max inRlnt allowable aI Iocrtti oit I but:, noCed that. t, Ito enLire 15 percent; dial not, need to be all-or.-at:.ed, and because of Hie 1'act tJtat. five It geneios was 1.he maxiinuno number we shotrld runci ((110 'r 0 t' h(' paperwork involved .in ttwniCori_ng Chcnt, sh(folt, i.he allocation amount, shoul(I he more -irl the vicinil-y of $751000.00. Ms, Norton conmaantecl she was glad Lo hear about l.ioe mon_itorinl{ of the age=ncies because she was conoorrted what:. Lype or moniLor'inl, was being; done enncerning these funds. Ms. Rotas sl,at.ed that, becaust! there are seven getlerai fund cant. lets to nroni L, r, j was dot;erm nod that, rive human service agencies wuid(I be a maximum to uutit i1.or 1) roper.l.y, Ms. Ross saA(I it, w;a5 standard 1) ro(eeduro i'or cities i.o liin iL the number o1' human service agencies, The C'ommit,l;c,, Members ett(rh ranked Lhe eight. CI1RC recluesl;s, Mr. Ramsey Look a im-1, 1 y on Uu^ rank i nga. Lhe rtvO rage rftnkings~ are ass faLLatvs! flttnuut (ie3,vicc:i ietasi_of c Al(~xander S1)1, ttirutge-J hJI c 1 Ctu,peuLer Rd. WasLewa14,1. ;C..rvic0 7.1; Cttrpen1er Road Wat.(I Sbcvice (i.9 CDmmU11iLy Sid Owaiks R.~patr I.7 1)emotiL1on Z,0 L'vers Park Playground project ( i llou .inf-; Rahal i I,ital,ion I'rou,rnm i . 1 Ms. Ross aslted the Com111 it,Inc7 will, Choy fell, cumpi'l1,li t.,> rank lAw Lvers l'faygr'outr(t as such an undrsirabir ~,rojceL. its, hlcmining sLotLoc; s11(1 fell. it. f.nkc away I'rutu t,h, ni;ii_n ob,j,rrtitrc of Lha t p(trk its; ]III rpr,r.;,e be iIII' an n1, 11 Ct,ic h.) I I park. M . FJentmi118 fe1,L the park icouid ho rr;(i(I 0 tr'nlual ly Lo ,'xt>rtnd Ill 4 r'(' piay Irvg fields,. Mrt. Norton sL~ti"II Lha I ~ I'iP i[Ad Ill rltlr sl noel I ho OlJUit)incnt u~;~u]rl I~~~ llrrl on the 5~otlt.to idr~ „I' Wi~ujsnr m>okitill it, i1!(njgo I us fur clti_itla•(•ro. ?Ir. Raint;c : c:~ l:,l a Wert I hr_rl Lho requr,.;l s•:ns Lo prig r,ln i lnnu1 sn 1.hr Nott h s do of It incisor. t ( ti 1. r Agnnda No -!Z4, Agenda clam~S_"~` 3 W 4 Page 17 v~ar Uaoff.i(±1a1 PfinuLes U (i)ISG Committee ,feel: in; March 23, 19, )2 Mr, Raunsey feels that in Bpi Le of Lhis being a low/mo~lc>r~tte incom area, he fe1L that, was not Lhe general tWrcepl.lon, e Ms. Rodriguez stated she felt: there wore so ru;any other priori GieS, Dennis Stephens, Comm iWe Member sLn[AW Ire fell Lhe park has been taken over with ball fields leaving very 1Lt.Lle room for playgroun(l egrr.ipIll .nt. Ile re] L that if' the oquiprnenL could be puL up in a suiLabie faishi,orr in relnt.icn to the La,vinr ( s would he a benefit to a lot of youngsl; ars who~arei~nthelrlareaaawhile. watching their brother/sister:, at. bral,.l. Eames. Ms. Norton fell, this area would he nice if a Playground were put in the area, She was against. 1t being puL acmes the ~,trooL, Ms. Norton fe.Ll, ra good place for a pLeygvound Lo be ~,xrt. arould be closer to the school. She stated it, would he a safe area and would be i,u n location cohere parents could observe: t.lreir children. Ms. Norton said she would be willing to Uund the pro,jec t- it the loeaL ion wore, sat is fac Lo ry tuid sane. Mr, RallrSe} sLaLF1(I Ire I'clt. thiS was not; the I: i_me Lo make Clri:; a prioriL.y item, but the acquisition of property is wil.hira CDDG urorogntives and the possihiJ.ity or additional park .:,pace. Mr. Ramsey slated the ranking of I-he i Lcam : gives the Conuni I Lee t place Lo hog irr in thou - delibc;l'aI,ion I,rocc~ss for I, II next, ~:uhc"lrtletl meeting. Ile provide(I the crve,ral;e rankinva I.o the Committee, 1\1r. Ramsey said the deliheraaLion neeet.inq wcrti seheulr;led for lhur,;day, March 26, -,L 5:30 p.m. and al that. poiul. I,he CornrnitL(.e Members could begin to put. t.hesc totals to,;ot.her Lo see what portion or hurnaur services Lo I'und, and nsked 1, Ile member, to conic prr-par( (I to at 1_1 oc,aLe rho (A)RO hLidgat , Ilnvijig no I'll rLlie r husi. n( ;s> Lo conduul ;it; this t i r• tatns,,~, adjourned the, rnee L i nl; at 7 : 1 S m , Cit;l i rmarr t t c, c i A(Innda No, DAU a(~ Y a~ Unofficial Dlianr'~.cr CDBG Comm iLLee MceLing Mauch 26, 1992 Civil Defense Room Members Pi-esenL: Sarah Parker, KaLic Flemming, Curtis Ramsey, Jack Weir, Peggy Norton, Rey Trejo. Members Absent: Dennis SLNAwns, Fred Hill, Rosemary Rodriquez Starr Present.; Barbarn Ross, Commun,it.y Development Adm_nisLrator; Eric Bt LIips, Community DevelopmenL Program AnnisLunL; Nancy Baker, Community Development, Secretnry, Chairperson, Curtis Ramsey, called the meeting Lo order at 5:J; p.rn. Mr. Ramsey stated the prime iLom of business was to deliberate on the funding request, proposals from the March 23rd meeting, Mr. Ramsey staLed W L eight members of the CDBG CommiLLee rank ordered the proposals and Lheu averaged the proposals and came out with all overall score of each. 'Flo, rankings in order rrera: Housing Rehab .11iLaI. ion Program Demolition A.Lexander Strec,t Drainage - Phase 11 HUmnri Services Sot-aside COPUTUnity Sidetianiks Repair Lvers Park Playground Project, Carpenter Road Water Service CarpcnLer Road WasLcwater Service Mr. Ramsey stated that, of the $55%UA mailable to the Committoo to allocnt,•, proposal requests total 87U2,041 which are in excess or nenilable funds by approximately $200,ooo, Mr. Ramsey stated t.haL thu Housing Rehabil,iLat.ion Program should be a priority and presumably Funded fully as well as the Demolil,ion/slum blight clearance request. Mr. Ramsey said ChaL Lhe LhirH ranked item was Lhe Alexander Street drninagc-Phnse 11, He ntaLcd Lhe CommiLLee had previously recommended funding of Phaue I which has now been compLeLed. Jerry Clark, Director of Enginvering is requesting an allocation or E021112U for Phnse It. Mr, Ramsey started LhuL iLs> at level four, Sidewalk Repair, that the COMM ILLeC should really begin its deliberations. Dir. Ramsey stated that according Lo the ne,goLALions and conversation with Lhe H mnn Services; 0=11-No over the last: year, awd policy decisfonsa which were previously manic, the Committee could set aside a maximum Or l5 p0ree111 or 1:110 CDhU (1)10cn1i(In Cur human services which totnls $101,391 or a tenser amount could be determinad, Mr. Ramsey asked Lhe members if they had any ideas or pr,)po;;alk regnrdiny the Humari Services Se-Laside. Nis. RoS,'i stated Lo the l'onunit Lc'c un mlaer~+ IhnL ( ,ho L.,Lal all)(Mul avai table for human !iort,men funding is IhL, S101 ,3lll for the l'J',J'L•t33 ~ar~,grnot ci~au. Ms. Ross slaked that here are Aili around $15,0oo to 20,000 of cod inning human c,l Vs. Rosy, s,lnlc'd 1_11al HUPE~,, Inc. ~raeicS`s !.~peurliturc~, 'row cu rrc u, Lie wou[d rprobably ask for contiuaeal,c.n of their amtrncl until D'.ccinhr,, _ i:r, Ihcrl IhVV c really ,,'uuld n0i. Le fi101111 to a,llu,'nt~. ~Ir:. l,t:IIed Lhnl lII iii to n thoum id wi i i be wain err u1' IJn, PqnPstVd rrnw11111s mnl,iu:; Lhe ul ]or rat in„ ~i Lt II 13 ` Agc,nda r~ a 1 f ngc 1 1 COW! Simmit.tec VdiM Mu'c'h 26, 1992 probably more in line With $Hl,000 10 $86,000 Ms. Ross stated that what will have to happen, is it the Committee allocnt.es 585,000 aid it is determined Lhnt one of tho ngvkic=i,s is not spending its Huth as was LhoutS'ht would be speal, Icy August. 11 Which is the laegiOning of the new fiscal Year, then it will require e Lhat some contract adjustments Will be made. Mr, Ramsey stated Lhat. this is cunsisl,ent. with previous opol'111I0ns too, flo added that, there were other :W ocntions in the past, LLah did not progress on Lhe lime line anl.icipaLed. Ms. [toss stated that, Ore CommuniLy UovelopmenL staff is Lrying Lo monitor this closely to ensuro; agency contract timelines policies are ro,tlowed, but in the ease of HOPE, problems ill hiring ra uewl staff luember haver put theta behind. Ms. Rosa further stated that not more than five ngeucies rind be funded with the CDUG allocation. Peggy \orLonl Committee Member, pointed out. to Lhe C'ommittce t.hah if C11{SG allocatcci evert hall' of Lhe allowable funds, the CDBG monies Wouid still be fundilig over 20 perceul, of the Ilumau Services Committee's budget, Mr. Ramsey asked Ms, Ross what was allocated last year. Ms, Ross said that the Committee allocated .589,000 Lo human mervices last year which included MLK Kid Connection, PreirikAl. Clinic, TWU Cares and IIOPE, Inc. Mr. Rmmnvy sLaLed Lhat the difference tieing L.haL Lhe CDBG CommiL.Lce rend those proposals tasL year and allocated to Lhcrm directly, Ms Ross stated yeas, Wit, it was human service requests supplemented by the eommst,tec, Mrs Humwey slated thaL by doint, so the Human Service: Comm iLLet, I)Ildget, was relieved of some respousibiIiLies as to Llhc need because or CDI1G'm al local, ions Sarah Parker, Commit tl,oe Member, :~tal:cnt that. 17-0UG would not ,aLWate allN monies for these Lype requumS now; the Human ServiceslA mmiLleO would, with Lhc fluhds allocated by CDHC, choose which al,oncies to fruit[. Ms. Non-toll asked i i TWU ('urea had spc ui. Ally of thO funds Ni 10C41,ed them last. y0rar'? Ms. Ross St.nLed that'fWL Care4 has actually pnrchasod I.he equipment but has not naked for reimbursemunit. yet. Ms, Rosin si.atecl that sdno was lint, sure if t1a. entire $25,000 funded has been Spell, yet, but yiarian Hamilton had told Mss Rnss that, it lance porLion of I.hr funds had been cNpeuded. W Ramsey salt in answei to M>. Norton's sLaLco mt, CD% allocated sometting on L,he order of $89,1100 10 890,000 in Lhe past Year nmc 01' it, with direct; AIncaLlon and some of it through H"mnn Services, Mi Rams.-v s2t,Aed Ural, now WhaL Wiii happen, is I-Cg,'krdles<m of whether il, hoer; througll Ilumrnl Servicoss Coml}lit.tcc or not., the paperwork is terms of npahitoriav~ those ai;encie,s -.;I ill h;cs to reside with the CD sstafi'. Mr. RaulticY !;1,00(1 .Alai a staff limitr,atiou is -rill a deterolination, thus Ave foc;eucies laould he it mt;xinluul number the 'sLul'I' court winiLor. Rey Tre,io, Committee Mcutlser, slal(cd 1h;,ll whai COWi funded ill 1991 r,rpresenLed <;,'02,S2G ill 9Z ro(ruosl,;. St'1 la: ('li tr fllL 'aF, ll'lI1bC'!'!' f1w Colmillttoc couthllned to (I h'iClhii'S ~Ilc 11111114111 agreed on a 0.75,000 rim, to 4wovided 10 the. li9IlIall Seed(, ('onllniltcc for their allocation. Mr, hatllscc oim-nod discl1w;i0n rr•s;arrliu~± Ih~~ ('olluulu1ly 5'ul~•orrlkl; Rcl~nir I•equc alt I) t 'I ,r'ul,>d b}' MI t I I, Ball ins!, l II ~l <II r.L Lard 161 of nq. The l'01 mi t L. cnu?labcrs dis.us,4,~d f.hc• su'r'1. dr5i+;u;ilril far ~sid.l.,ilk r~l~alr nvI.. Lhe it Il+uutranir r r. Aijonda No 7C&I Agenda liar--ZdS 3 Lute Page 3 CDBG CommiUee Meeting i March Mn 1992 and low iaccane ratings, his, Norton made at nm Lion to fund Lhe sidewalk request at $105,500 Having out Lhe nrchiLect.ural fees. She stated that Elrgin',~ering could come up with the additional $6,000. Ms. Was asked the member`- if Lhey would consider recommendinlr, Lhat the remaining $5,621,00 go Lo fund the lavers Park Playground Project with a residual $G,3790 from AdministraLlon 1990 administraLion fund has about a $10,000 a surplus which would normrtlly go to housing rehab, Mr. Raul,sey pointed out, Lite surplus was due t.o at period of time without, full personnel coverage and is aol, money Lhnt, hurts CI)BG or Commtn Ay DevelopmenA in ally way, 'ihe CO MWIMee dlembers agreed to this proposal, Mr, Ramsey brnughL forward n motWn for the following funding for Ole 1992- 93 CUBG budget, proposal: PROPOSED ACTIVITY PROMS ;D -ALLOCATION Housing Rehabi I i Lal ion Program $ 250,000,00 Demolition S iS,U()0,00 Alexander Street, Drainage-Phase 11 $ 102,820,110 Human Services Svtil4le- $ 75,000,00 Community Sidewalk Project, s 105,500,00 Evers Park Pl.ayqrouncl Project $ S,G21,00 * Evers Park Playground ProjecL would receive an additional (12,379,00 from 1991- 92 residuals from Lhe Community Development Adminixtrat,ion budget to fund iL Lo the $15,000 level. Mr, Rey '1're,yo ntovecl to accept the proposal of the nwHon with Jnck Well, sc':conding the motion. Mr, Ramsey took a vote on the mot.iou, 'I'l(, ComuiLtee voted unanimously in favor of the motion, Mr, Ramsey continued to the tu~xi item of business, He asked Nis, Ross tor informal.iwt regarding preHUHLilW the hudgeL proposa,' heron(- Cit.;,' Council, D1a, Ross AnLed Me date or I.:he City Council meet,inil would he May 5, 1992, and that Lhe preaelt.at,ioo would i_)e 11010(1 dnrinK t11r- CO 11areil}i' work scUsiotr which begins it aliproximSely 6:15 p,m, qtr, Rainsey stated that. fry of the Commil.Lrec MG'mhe_ra wishing; to it t.tend Lhe 1-1ay 51,11 C,ity Council meeliag would be must. welcome to attend, Mr, Ran, sey risked Co vi ii r.ttooe ?(-mhos; i f t Imre was any t1, 1 c I business I,o discuss, Mr. Ramsey ad joririled t,hc 11k'e1,i1W at 11:21 4 5 t ~ }I i. f r . t C I T Y 4L COUNCIL: {1 j t2 , :t 4r ►3`$t ~ ~ ~ are - - - - - - - - - - r 1k 0 0,_t_t_ .000 o w o f~ t f E f~0 i .v r L7 c{ ' IL Z,O i t., GG~~O 3= yf;1 L '004L}U 1 't 3121 li ~ ~ f t. f 3 `11~~1t11~ ~`L41211♦i-l ♦1~E``~ ~-I.~{~± 1 t`t[` {kl. ~ 1 .~~Iki r~11``1`~1 `l;ll l~l{{f ~1 V~~~lt~f lil f f.l_ ~1} II •ISfil~t11 ~.taalil+lr is !f i. i,~. 1. 1 ti ila- ILl~/~f a....l ll .1a.l.ta 1- . ♦r.. S kVfM No CITY OF DENTON CITY COUNCIL MINUTESWIa._`j { APRIL 71 1992 6~17 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. a ABSENT: None 1, The Council convened into the Executive Session to discuss legal matters (considered settlement in David Solis v. City of `f Penton, considered action in Texas Waste Management v. City of Denton, considered action in Gillespie v. City of Denton, and considered action in Smith vs.--Pi ty of Denton), real estate (discussed acquisition of land for recreational purposes) and personnel/board appointments (considered appointments to the Board of Adjustment, Building Code Board, the Electrical Code Board, the Sign Board of Appeals, the Historic Landmark Commission, the Plumbing and Mechanical Code Board and the Planning and zoning commission). 2. The Council received a report and held a discussion regarding implementation of the 1986 bond program and gave staff direction. Lloyd Harrell, City Manager, stated that two weeks ago, the Parks and Recreation Board presented a recommendation to council to consider reallocating $2.7 million, which had been obligated for two district recreation centers, to a substitute project which would involve the expansion of the North Lakes Recreation Center and an addition of an indoor pool plus using $500,000 for major park land purchases. During that presentation, the Council asked the Park Board to review the needs of the Civic Center Pool with $500,000 as opposed to buying park land in the south part of the City and look for alternative funding for the land purchase, The Park Board was ready to present the options to the Council. and If the Council. was agreeable to present the options at a series of neighborhood meetings. Steve Brinkman, Director of Parks and Recrea+.ion, presented a schedule of the public meetings which included an additional meeting at the senior center and the North Lakes Recreation Center as suggested by Council. There were three options which were to be considered. Option A involved the construction of North Lakes Center with the participation of the DISD and the use of $500,000 for the renovation of the Civic Center Pool. It was hoped that another used, ,000 the number the #1 State Local Park Fund option of the Pa rk Board and othe one recommended by the Board, t /gt,i,tla No, Rao City of Denton City Council Minutes April 7, 1992 Page 2 Dalton Gregory, Chair-Park and Recreation Board, stated that the Park Board had recommended last year that the Civic Center Pool be ' the first item to be considered in the 1995 bond issue if it was done. The Park Board agreed to go forward with the plan and to seek input from the community and felt comfortable with the concept. Norm Hatfield, Hatfield Crookless Architects, Inc., presented a review of the planning options for the renovation of the Civic Center Pool. They looked at the pool to determine what needed to be done, what could be done and what could not be done. The first part of the report dealt with the physical analysis of the current pool. In its present condition, the occupancy of the pool as a swimmers pool was approximately 402 swimmers. If the pool were converted to a leisure pool which would be geared more to the community but still have some competitive aspects, the occupancy would increase to 604. The second part of the report dealt with a summary of costs involved with the renovation of the pool in order to bring it up to standards as a competitive pool. The first item in that section dealt with the depth of the pool. The depth was not sufficient as there was a 31 turn around which needed to be 41 for competition. In order to provide for that depth, the pool coping would have to be .rained 12". The cost for that would be approximately 0151,000. Another item was the water purity standards of the pool. It was not possible, with the current piping system, to meet water purity standards at a minimum of 4 hour water turn around. No cost could be applied to that item as it was not attainable. The purity standard was still within regulations with a 6 hour water turn around time but the standard was moving towards 4 hours. Council Member Perry asked about safety in relation to a pool which would be partially competitive and partially leisure. Hatfield felt that there would not be a problem with the mixed use. The existing 31 depth at the south and of the pool was not of sufficient depth for turn around for a meet. A sanctioned meet could not be held at the pool in its present condition. Council. Member Perry asked about the water purity. Hatfield stated that to meet the water purity standards at a minimum four hour turn around on the filtration cycle, the existing floor distribution piping system could not be achieved without doubling the floor piping network. Currently the water was filtered through the system every six hours. The standard was moving toward a four hour turn around. If that happened, the r` sizing and inlets of the current piping would not allow for a four lbanda No. -_fV U/---_- Aparida (tern.-_S._ City of Denton City Council Minutes April 7, 1992 Page 3 hour turn around. Council Member Perry asked if that piping change could be done during the pool renovation. s Hatfield stated that the second part of the report was a statement of why they were recommending that the pool be changed to a leisure pool. As a competitive pool, the pool in its present condition could not meet standards. In the long range planring within the $1 million renovation, there was a provision for a new filtration system. Council Member Perry asked at what stage was that new piping system. Hat2leld replied that there were three proposed phases, Phase I would cost approximately $500,000 which would do pool repairs and prepare the pool for transition as a leisure pool. If a matching grant were received, $1 million would be used for Phase II which was the completion of the pool as a leisure pool. Council Member Perry asked if the new filtration system would be in Phase I or Phase II. Hatfield replied that it would be in Phase II. The $500,000 would simply continue the pool in its present configuration, doing repair work and bringing it up to current acceptable standards. City Manager Harrell stated that if approved by the Council, staff would immediately file for a grant application for matching funds for the $500,000. Work would not be done until the additional $500,000 was received. Phase I and Phase II would be implemented at the same time, Hatfield noted in the report an explanation and budgetary detail of what would be included in Phase I if there were only $500,000 to work with, If the matching grant were received, Phase II would be implemented. Phase II included all of Phase I and Phase II. Council Member Trent asked if at the end of spending the $1 million would the City have a competitive pool. Hatfield replied that the pool would not be competitive by nature although there. would still be facilities which would allow for competitive training. C 4 p ~ Agenda No, Agenda Ilem_ 0 City of Denton City Council Minutes April 7, 1992 Page 4 Brinkman stated that the pool would remain both recreational and competitive. Two-thirds of the pool would be recreational and one- ° third would be competitive. Hatfield stated that pages two and three of the report were an analysis of the pool that if the items were attainable and if they a could be done what they would cost, The analysis was that the pool should not stay in its current configuration. It was recommended that the pool be converted to a leisure pool. Mayor Pro Tom Hopkins asked that if the DISD did not go forward with the bond election or if the pool item were defeated on the DISD's election, what would be the plans for the indoor pool. Brinkman replied that if the North Lakes Pool happened, 'the $500,000 would still be used for the renovation of the Civic Center Pool and also work to receive the grant from the State. if the North Lakes Pool did not happen and option A was not used, the money would be invested in expanding the North Lakes Center and also use $500,000 to upgrade the Civic Center Pool, Mayor Pro Tom Hopkins stated that without the DISD participation on the North Lakes Pool, the city woizld not build a pool at North Lakes in the next addition. Brinkman replied that that was the Parks Board recommendation. Hatfield stated that if that were the option, the renovation of North Lakes would take into consideration the potential of a future pool, Council Member Smith asked what would happen to the Parks and Recreation swim team if the pool were not in a competitive condition. Brinkman stated that one part of the Civic Center Pool would remain competitive and meets could still be held there. Mayor Castleberry asked if Phase I could be done without Phase II. Brinkman replied yes. City Manager Harrell stated that the $500,000 could not be spent in Phase I and then later do Phase II with a matching grant. An application would have to be submitted for matching funds of $500,000 for several years and if the grant was not received, then proceed with Phase I. , Y. Agonda Vo.._-!Z8~ _ Agende Ram__ 2 S 2 _ IN, halo City of Denton City Council Minutes April 7, 1992 Page 5 Council Member Smith stated that it took a year turn around time for the grant application so no work would be done on the civic Center Pool for at least a year. City Manager Harrell replied that no major work would be done. Council Member Perry suggested that if the natatorium was not built could the money available be put in the Civic Center pool. Brinkman replied that that would be a possibility if the money were not available and the option two were implemented. Perry stated that his suggestion would use $1 million for the Civic Center Pool which would further reduce the bond money. He did not want to wait a year or two before doing anything at the Civic Center Pool. Mayor Castleberry stated that the consensus of the Council was to proceed with the application of the grant and begin the public meetings presenting the concept to the neighborhoods for feedback. Items #3 and #4 of the Work Session were considered during the Regular Meeting. The Council convened into the Regular Session at 7:15 p.m. in the Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Hopkins; Council Members Alexander, Chew, Smith and Trent. ABSENT: Council Member Perry 1. Pledge of Allegiance The council and members of the audience recited the Pledge of Allegiance. 2. The Council considered approval of the minutes of the Reqular Sessions of March 3 and March 17, 1992 and the Special Call Sessions of March 11 and March 24, 1992. Council Member Perry joined the meeting. Trent motioned, Chew seconded to approve the miniites as presented. On roll vote, Trent "ayn", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously, ti r. i Ay Inda Item -e!]~?-IS Ik~lo _~_~~..d~M ell City of Denton City Council minutes April 7, 1992 Page 6 The Mayor presented the following proclamations: "Week of the Young Child" E "Public Safety Telecommunications Week" "National Library Week" "Fair Housing MonthIP "Drinking Water Week" "National Occupational Therapy Month" 3. Citizen Reports A. The Council received a citizen report from Carl Young regarding parks. Mr. Young stated that at a recent political rally at the Park, a noise complaint had been received by the Police Department. The Police Department responded with five squad cars to the event which he felt was excessive. He listed the problems he observed at Fred Moore Park which included: peeling basketball courts, exposed electrical wire on the light poles, low spots on the slab, more than half of the lights out, ants everywhere, poor maintenance of equipment, un_~anitary bathrooms, no water available in the park, the current drain in the Park was dangerous. He requested a waiver of all user fees at the Park due to the economic conditions of the area. He stated that sidewalks needed to be built at the Park. Mayor Castleberry stated that staff would arrange for Mr, Young to speak at the Parks Board regarding these conditions. He felt that some of the problems were maintenance problems and that perhaps some of those could be taken care of in the near future. 4. Public Hearings A. The Council held a public hearing and considered adoption of an ordinance approving a Specific Use Permit on a 21.97 acre tract of land located on the west side of Woodrow Lane, approximately 350 feet south of McKinney Street for the purpose of expanding the Denton County Jail facility. (The Planning and zoning Commission recommended approval 6-0 at their meeting of March 25, 1992.) Frank Robbins, Executive Directir for Planning, stated that this was a request for a specific u-~e permit for the County's entire correctional facility. This would include the existing jail and juvenile detention center as well as the proposed expansion. The regulations governing zoning for a county facility were different from landowners. The rule of "reasonableness" was in effect. It had been determined by the Planning and Zoning Commission and by 4 i 1 AgoIdallem__ies~ City of Denton City Council Minutes April 7, 1992 Page 7 staff that the proposed use was reasonable. The Mayor opened the public hearing, No one spoke in favor. No one spoke in opposition. The Mayor c1c3ed the public hearing. The following ordinance was considered; No. 92-053 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR THE EXPANSION OF THE COUNTY JAIL ON 21.97 ACRES LOCATED ON THE WEST SIDE OF WOODROW LANE, APPROXIMATELY 350 FEET SOUTH OF MCKINNEY STREET; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins motioned, Chew seconded to adopt the ordinance. On roll vote, Trent "aye", Alexander 1'aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Item #4 from the Work Session was considered. 4. The Council received a report and held a discussion regarding the proposal for in-house collection of outstanding overdue fines and warrants/amnesty program. Sandra White, Municipal Judge. Mated that the Mun.icipal court in conjunction with the City Attorney's Office, the Police Department and the Finance Department proposed that during the period from April 15, 1992 through May 4, 1992 the Court have an "amnesty" on all citations that were outstanding and overdue. The "amnesty" period would allow the court to reduce the number of cases which were being handled by a variety of methods such as collection agency, warrants, extensions, pay plans and those being notified by postcard or letter, that a ticket remained unresolved. The public would be notified of the amnesty period by newspaper articles in the Denton Record Chronicle and other area newspapers. The public would be notified that after amnesty ended, warrants would be issued and served. During the amnesty period the late appearance penalty would not be imposed. Once the period ended, anyone who \ did not take advantage of the program would be processed for warrant and all penalties and fees would be included. The Police I Agoda Agenda Item City of Denton City Council Minutes April 7, 1992 Page 8 0 Department would utilize its field officers to "round-up" offenders on these warrants, rather than just the Warrant Department. Consensus of the Council was that the proposal was a good one and that it should proceed. The Council returned to the regular agenda order. 5. Consent Agenda Mayor Castleberry stated that Item 5.A.7. had been pulled. Hopkins motioned, Chew seconded to approve the Consent Agenda. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. A. Bids and Purchase Orders: 1. Bid #1342 - Substation Power Cable 2. Bid #1346 - Street Maintenance Equipment Rental 3. Bid #1351 - Trencher - Backhoe 4. Bid #1347 - Nottingham Concrete Work 5. Bid #1348 - Reroof Emily Fowler Library 6. P.O. #23611 - Business Phone System B. Tax Refunds 1. Considered approval of a tax refund to Pulaski Mortgage Co./Martha Sims and Sarah Bronstad for $534.30. 6. ordinances A. The Council considered adoption of an ordinance accepting competitive bids and awarding a contract for purchase of materials, equipment, supplies or services. (5.A.1, - Bid #1342, 5.A.2. - Bid #1346, 5.A.3. - Bid #1351) The following ordinance was considered: No. 92-054 C AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, SUPPLIES OR SERVICES] PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. i'. Nanda No. e91,:7- Acgenda Item. 5_~#0? Dille _J~~' Z_ City of Denton City Council Minutes y l~d April 7, 1992 Page 9 Chew motioned, Smith seconded to adopt the ordinance, on roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. (5.A.4. - Bid #1347, 5.A,5. - Bid #1348) The following ordinance was considered; No, 92-055 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Smith seconded to adopt the ordinance. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. C. The Council considered adoption of an ordinance providing t 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, (5.A,G, - P.O. #23611) The following ordinance was considered: No, 92-056 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 STA'T'E LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE; DATE, Smith motioned, Alexander seconded to adopt the ordinance. On roll ` vote, Trent "ayes, Alexander "aye", Hopkins "aye", Smith "aye", chow "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. \ 4 f t Ageiida Item City of Denton City Council Minutes April 7, 1992 ' Page 10 D. The Council considered adoption of an ordinance vacating an electric utility easement recorded in Volume 1473, Page 615 of the real property records of Denton County, Texas. (The Planning and Zoning Commission recommended approval.) , Rick Svehla, Deputy City Manager, stated that the original easement had been shown to be abandoned on the original replat but there was no corresponding documents filed which was a requirement. There were no electrical improvements or utilities in the easement. The following ordinance was considered: No. 92-057 AN ORDINANCE VACATING AN ELECTRIC UTILITY EASEMENT RECORDED IN VOLUME 1473, PAGE 615 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS; AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins motioned, Trent seconded to adopt the ordinance. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew Faye", Perry "aye's, and Mayor Castleberry "aye". Motion carried unanimously. E. The Council considered adoption of an ordinance authorizing the Mayor to execute an agreement with Freese & Nichols, Inc. for engineering services related to the design of improvements to the existing 5000 foot runway, taxiway and parking apron at the Denton Municipal Airport. (The Airport Advisory Board recommended approval.) Rick Svehla, Deputy City Manager, stated that this was another step in the process for the City to obtain an FAA grant to do the runway overlay and taxiway improvements. The agreement was contingent on the city receiving the grant. The Mayor had received a letter indicating that the grant would be forthcoming. The following ordinance was considered: No. 92-058 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH FREESE AND NICHOLS, INC. FOR ENGINEERING SERVICES RELATED TO THE DESIGN OF IMPROVEMENTS TO THE EXISTING 5000 FEET RUNWAY, TAXIWAY AND PARKING APRON AT THE DENTON MUNICIPAL AIRPORT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND DECLARING AN EFFECTIVE DATE. t /n h3w)da N0..__ GQS ~•L~ AgpndaIlem_eS. rrL ~14) N.' City of Denton City Council Minutes April 7, 1992 Page 11 Trent motioned, Perry seconded to adopt the ordinance. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. F. The Council considered adoption of an ordinance ° authorizing the city Manager to execute an agreement with Deloi.tte and Touche for consulting services to assist the city in the defense of certain pending litigation; and authorizing the expenditure of funds therefore. Ile Debra Drayovitch, City Attorney, stated that she had previously written the Council regarding this proposed ordinance and she would respond to any questions from the council. The following ordinance was considered: No. 92-059 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH DELOITTE & TOUCHE FOR CONSULTING SERVICES TO ASSIST THE CITY IN THE DEFENSE OF CERTAIN PENDING LITIGATION; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. Alexander motioned, Chew seconded to adapt the ordinance. Council Member Trent stated that the city was about to spend more money on a subject which he was not in favor. He wanted to settle the issue without going through such a long involved and expensive P process. On roll vote of the motion, Trent "nay", Alexander. "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. 7. Resolutions A. The Council considered approval of a resolution opposing Congressional legislation that would allow broadcasters to charge local cable operators a retransmission fee. (The Cable T. V. Advisory Board recommended approval.) Bill Angelo, Director of community Services, stated the cable T. V. Advisory Board had spent several months reviewing proposed legislation which would revise the Cable Telecommunications Act of 1984. One provision would allow broadcasters to negotiate and charge a fee to local cable operators for retransmission of their I AOenda No. _ Apendo liem.-Z L _ Wle City of Denton City Council Minutes April 7, 1992 'i Page 12 signals. The Cable Board as well as the National League of Cities and the American Public Power Association felt that this would be an increase in subscriber fees and were opposed to the inclusion of any retransmission fee provisions in any proposed cable , legislation. The following resolution was considered: No. R92-017 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON OPPOSING CONGRESSIONAL LEGISLATION THAT WOULD ALLOW BROADCASTERS TO CHARGE LOCAL CABLE OPERATORS A RETRANSMISSION FEE; AND DECLARING AN EFFECTIVE DATE. Alexander motioned, Perry seconded to approve the resolution. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The Council considered approval of a resolution authorizing the Mayor to execute an interlocal agreement with the County of Denton for the construction of improvements to country Club Road from U. S. 377 to FM 1830. Rick Svehla, Deputy City Manger, stated that this was one of the projects in the County bond issue. There was a small portion of County Club Road which was in the City limits thus the County needed the City's permission to work on the road. The following resolution was considered: No. R92-019 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE COUN'T'Y OF DENTON FOR THE CONSTRUCTION OF IMPROVEMENTS TO COUNTRY CLUB ROAD FROM U.S. 377 TO FM 1830; AND DECLARING AN EFFECTIVE DATE. Trent motioned, Hopkins seconded to approve the resolution. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry 'lave". Motion carried unanimously. co The Council considered approval of a resolution authorizing participation in purchasing programs of the State l Purchasing and General Services Commission; designating a city representative to sign and deliver all necessary documents in c, r. Auanda No, _ Agenda Item- City of Denton City Council Minutes April 7, 1992 Page 13 connection therewith. ` Tom Shaw, Purchasing Agent, stated the resolution would allow the at its option, to participate in the State's purchasing City, power. pow The following resolution was considered: No. R92-019 A RESOLUTION AUTHORIZING PARTICIPATION IN PURCHASING PROGRAMS OF THE STATE PURCHASING AND GENERAL SERVICES COMMISSION, DESIGNATING A CITY REPRESENTATIVE TO SIGN AND DELIVER ALL NECESSARY DOCUMENTS IN CONNECTION THEREWITH, AND PROVIDING AN EFFECTIVE DATE. Hopkins motioned, Smith seconded to approve the resolution. On roll vote, Trent "aye", Alexander 'Iaye", Hopkins "aye", smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. D. The council considered approval of a resolution supporting the efforts of the Student Governments of the University of North Texas and Texas Woman's University to form a joint committee to facilitate communication with the student population. The following resolution was considered: No. 92-020 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON SUPPORTING THE EFFORTS OF THE STUDENT GOVERNMENTS OF THE UNIVERSITY OF NORTH TEXAS AND TEXAS WOMAN'S UNIVERSITY TO FORM A JOINT COMMITTEE TO FACILITATE COMMUNICATIO14 WITH THE STUDENT.' POPULATION. Perry motioned, Chew seconded to approve the resolution. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 8. The Council considered approval of a request by AirDenton, / Inc. to install a self-service 100 low lead card-reading system and 24 hour fueling pump accommodations. Rick Svehla, Deputy City Manager, stated that this approval would allow for a fuel pump and self-service operation. y r. F' ji Agenda No. Agenda f331o __a__ - A. City of Denton City Council Minutes 7 April 7, 1992 Page 14 I Smith motioned, chew seconded to approve the request. On roll vote, Trent 'laye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously, Council Member Trent asked about the possibility of installing a 4 security camera system at the Airport. Mayor. Castleberry stated that this item would be a New Business item for staff. 9. The council considered a request from the Delta Lodge to allow the use of amplifiers and musical instruments on Sunday, April 12, 1992 from 12:30 p.m, to 10:00 p.m. at the North Texas State Fairgrounds for the Fry Street Fair. Catherine Tuck, Administrative Assistant, stated that the Delta Lodge had contracted with the Fair Association to hold the Fry Street Fair at that location. The Lodge was requesting an exemrtion to the noise ordinance to allow the use of amplifiers and musical instruments on Sunday. Mayor Castleberry stated that the Council had requested the City Manager and the Mayor to meet with the Fairgrounds officials to help facilitate the use of the Fairgrounds for the event. Mayor Pro Tem Hopkins stated that in fairness to the students who were gracious enough to agree to try and work out the event at the Fairgrounds and the fact that the council asked the city Manager and Mayor to talk with the Board, she felt it would be unfair not to allow the request. No other group had been held to this regulation, Hopkins motioned, chew seconded to approve the request. Council agreed that the students had made a great effort to follow all the conditions set before them and that in fairness, the request should be approved. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 10. Miscellaneous matters from the city Manager. Lloyd Harrell, City Manager, presented the following items: A. A reminder of the joint meeting with the School District C 5 } I Agenda hlo..__1_~D/6 City of Denton City Council Minutes April 7, 1992 Page 15 t which was Friday, 11:30 a.m. at the Administration Building. B. The next TML Region 8 meeting was April 24 and Council needed to make reservations soon. C. The latest sales tax figure was in and was up $62,000 , over the budget projection for the month. Work Session Item #3 was considered. Y~ 3, The council received a report and held a discussion concerning the provisions of the Intermodal surface Transportation Act of 1992 dealing with illegal and non-conforming signs on IH35, US380 and IIS377 and gave staff direction. Frank Robbins, Executive Director for Planning, stated that the Act dealt with the permitting of off-premise sign on IH35, Hwy 380 and Hwy 377. The Act required stricter enforcement of outdoor advertising sign regulations and stipulated the removal of all illegal signs erected along Interstate and Federal-Aid Primary Highways by March 18, 1992. The Federal Highway Administration could withhold 10% of Federal highway funds from states which did not comply with the mandate. Denton was certified to control outdoor advertising signs in lieu of State control. Therefore, Denton must remove all illegal signs on the Interstate and Federal- Aid Primary highways in its jurisdiction by June 18, 1992. An illegal sign was one that had been erected for the purpose of off- premise advertising without consent from the State or certified city. In February, staff had sent letters to the 34 signs owners/businesses informing them that they must receive an annual permit by March 1, 1992. If the owner did not want to permit the sign, the sign was to be removed by March 15, 1902. Council Member Alex+Ander asked for the number of signs involved. Robbins replied there were 30 illegal signs which were not permitted or had a State .license. Council Member Smith asked what was the area of jurisdiction. Robbins replied the area was the Denton city limits. Council Member Trent asked where a majority of tho signs were located. Robbins replied there was no particular area but most of the signs were on 135. I kenda No. Agenda Itom & SZ A.,, z I2ito City of Denton City Council Minutes April 7, 1992 Page 16 Council Member Perry asked about the attitude of the people with the illegal signs. Robbins replied that initially there were 136 signs and the number was now down to 30, There appeared to be good compliance. Consensus of the council was to proceed with the staff recommendation. 11. The following official action was taken on Executive Session items discussed during the Work Session: A. Hopkins motioned, Perry seconded to nominate the following to Boards and Commissions: Mel Willis - Planning and Zoning Commission George Spuller - Historic Landmark Commission Gene Gumfory - Sign Board of Appeals On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously, 12. New Business The following items of new business were suggested by Council Members for future agendas: A. Mayor. Castleberry noted Council Member Trent's request for a security camera at the Airport. 13. The Council did not meet in Executive Session during the Regular Session, With no further business, the meeting was adjourned at 9:00 p.m. BONS CASTLEBBRRY, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS ACC0007E 5~ i Av~'fldj No. hgond3lEent...~s_!~~ DiIU 2f J CITY OF DENTON CITY COUNCIL MINUTES APRIL 10, 1992 The Council convened into a joint session with the Denton Independent School District Board of Trustees at 11:30 a.m. at the Denton Independent School District Administration Building - Board Room. 4 PRESENT, Mayor Castleberry; Mayor Pro Tem Hopkins; Council Members Chew, Perry, Smith and Trent. ABSENT: Council member Alexander t 1. The council held a discussion regarding various issues relative to the City of Denton and the Denton Independent School District, Lloyd Harrell, City Manger, reviewed the City's 1986 bond proposal. The idea in 1986 was to build three new recreation centers in the city. One of those centers had been built - the Martin Luther King, Jr. Recreation Center. The other centers had not been done as the City had pledged to the citizens that the centers would be built without a tax increase. In 1988 a moratorium was placed on all major building until more bonds could be paid off. A Law Enforcement/ Court Complex and a branch library were now in the planning stages. Approximately a year ago, the Parks Board suggested rethinking the idea of two new recreation centers as building costs had increase so much that the size of the centers would be small.. An additional concern was the operation and maintenance costs for the two new centers. An alternative way to use the bond money was proposed in which most of the money would be used for a natatorium project with the DISD depending on available DISD funding. Council was concerned that the bond money be ;spent as was promised and thus the 191 Committee was formed to watch over the spending of the bond funds, Public hearings would be held regarding the proposals and the Council was requesting DISD input on the proposal. Dalton Gregory, Chair-Park and Recreation Board, stated that the Park Board had recommended not locating the natatorium at the Ryan High school site but rather locate it at a neutral. site. The final recommendations from the Parks Board would be based on the comments received from the community during the public meetings, Steve Brinkman, Director of Parks and Recreation, reviewed the proposals and the schedule of neighborhood meetings. Gibert Bernstein, DISD, presented an overview of the School District's proposed bond program. The DISD had had four meetings with key communicators in the community for feedback on the C proposal. There were three basic requests - renovation of facilities, a technology package and a natatorium. Bernstein reviewed the bond summar a co " Y~ copy of which was attached to the agenda backup. y c t' ApenO No. A{lendallem11- Aa Lulu City of Denton City Council Minutes P J-16 April 10, 1992 Page 2 After discussion of the proposed projects, the School Trustees indicated that they were in support of the natatorium proposal and with the site location. A discussion was held concerning the Governor's tax proposal. With no further business, the meeting was adjourned at 12:55 p.m. 'foor BOB CASTLEBERRT, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS - CITY SECRETARY CITY OF DENTON, TEXAS AC000081 ti ti - rN x, ABenda 3tem,,e-,G- -0 Rite CITY OF DENTON CITY COUNCIL MINUTES U r, APRIL 21, 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, and Smith. 0 ABSENT: council Member Trent 1. The Council convened into the Executive session to discuss legal matters (considered action in Texas Waste Management v City of Denton), real estate (considered acquisition of easements for water transmission lines) and personnel board appointments (considered appointments to the Board of Adjustmont, Building Code Board, the Electrical Code Board, and the Plumbing and Mechanical Code Board). 2. The Council received a report and held a discussion regarding downtown development and projects. Jane Biles, Main Street Coordinator, presented a slide presentation regarding the Main Street Program. She stated that the presentation showed where the program was going and where It had been. 3. The Council received a report and held a discussion regarding the zoning and platting process and standards and gave staff direction. Lloyd Harrell, City Manager, stated that the Council had asked this item to be placed on a work session. Frank Robbins, Executive Director for Planning, stated that zoning ' regulated the use of land and buildings on the land. Platting defined property lines and insured that there was adequate infrastructure to support the proposed development, that the infrastructure was consistent with master plans which laid out the provision of infrastructure for the entire community, and that the developer paid his share of the infrastructure costs commensurate with the demand of the proposed development. He reviewed the area standards for agriculture, single family-16 and PD-45 zoning districts. He stated that review of plats was a ministerial or an administrative act. State law required that plats meeting the City's regulations be approved. There had been concern voiced that the Goldfield plat was approved not meeting the requirements of the regulations. Staff and the Planning and Zoning Commission had not found this to be the case. Robbins presented that zoning process, the plat process and the replat process. Council Member Perry felt that it was not wise to take the elected \ body out of the process, especially with a large development. c Nonda No. Agenda Item ~ S ~ °2_~__. ~ City of Denton City Council Minutes April 21, 1992 Page 2 Mayor Pro Tem Hopkins asked about the construction of a second house on the remaining five acre parcel at the Goldfield's. Would the process be no public hearing, no council right to vote and could the second house be built on the five acres. Robbins replied that that would have to be a replat and would require a public hearing. A house could not be built there without rezoning and without replatting. Mayor Pro Tem Hopkins asked if there ever would be a time when the council would have the right to deny such a case. Robbins replied that it would not be denied as long as it meet the subdivision Regulations. Mayor Pro Tem Hopkins asked if the majority of the Council would be interested in asking the Planning and zoning commission to review the zoning regulations as they related to residential areas in the agricultural zoning district. Mayor Castleberry suggested this item be continued during the Regular Meeting. The Council convened into the Regular Session at 7:00 p.m. in the council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Hopkins; Council Members Alexander, Chew, Perry, Smith and Trent. ABSENT: None 1. Pledge of Allegiance The council and members of the audience recited the Pledge of Allegiance. The Mayor presented the following proclamations: Texas Girls' Choir National Dance Week National Community Development Week Drinking Water. Week 2. Citizen Reports A. The Council received a citizen report from Mark Rader regarding safe pedestrian passage from Westgate Hills to North Lakes Park. e c v. City of Denton Cit Ap+-il 21, 1992 y Council Minutes (b lo,-J-~~ Paye 3 Mr. Rader stated that Westgate Hills area of Denton encompassed used the same unsafe passed used 285 homes, 100 apartments and 10 businesses which all y Payne presented a petition to road 10 businesses which al would quickly r hope thatbthes City and that dangercw on the petition. Children is lives were in dange ended and oig do could increase in the coming months as school term Park. The wideninactivities increased in and around North a providin g of Payne was important but was secondary kto g a safe passage to and from residents of Westgate Hills, The residents had su North Lakes Park for the lane for the 4/3 1 oths of ggested a bicycle council to take the danger s a mile on eriously and nDrive. for the most basic of city services, place it high on the list Trent asked if of children. knew the number of residents in Rader replied approximately 3 School District had added an addit onald bttssto the route this to accommodate the increase The difficult to walk in the areainasstud trhon, Year the ned espuo f ti deteriorated and cars needed to drive the It was to avoid the edges of the road, down g the center of road were road Council Member Perry indicated that he had spoken with a resident of Westgate Hills several months suggested was a bicycle trail which wou d allow safe tr nsporpat on to the park. Was that option still acceptable, Rader replied that it would be acceptable as opposed to no action but only as a temporary solution, city Manager Harrell stated that the normal process which the City used to get major projects on the Capital Improvement Plan was structured process under the Commission. The guidance of the planning and Zoning as currently being encouraged the residents gm to W formed Director for P Contact Frank Robbins, and he hearing regarding thet~r concernssure that the rXecutive Y attended a public Council Member. Alexander stated that a situation r such as this indicated the need for proper planning for future Mayor Castleberry stated that the staff would be developments, reporting on the issue, back to B. The Council received a citizen report from Frank Davila regarding charter revision, c AUenda Hem__/e s ~'o? City of Denton City Council Minutes April 21, 1992 Page 4 Mr. Davila stated that newspaper reports had indicated that LULAC and he had been involved in activities designed to undo the City 4 Manager's position. lie stated that that was not LULAC's nor his position. That was not an issue in their case. in regards to the Police Review Board, LULAC supported the Police Chief very much and had worked with him in the COPS program. There was an open communication with him and they were not in favor of a Police Review Board at this point in time. He did want to address Council on a charter review and apportionment of City voting :lines. He felt that the charter needed to be re,'iewed when the following conditions were in existence: (1) the population had grown over 25% in the City - from 1980 to 1992 there had been a 39% increase in the city population; (2) a dramatic shift in the populations within the City - in 1985, the Phoenix apartments had 11% Hispanics as head of household and currently had over 60% plus there was growth in the number of families and interest to buy homes in southeast Denton by the Hispanic population; (3) new schools - since 1980 four new schools and an administration building had been built; (4) new malls and industries - urban development had occurred with the building of Golden Triangle Mall and others; (5) the need to emerge and be recognized; (6) major legislative changes - the division of the City into three congressional districts was confusing and should be addressed in a more comprehensive manner; (7) amnesty 1989-90 - many new immigrants received amnesty to live in the states and would be citizens and able to vote in 1994 and 1995; (8) the request by LULAC and the NAACP to review the Charter was a sincere request based on demographic data and on perceptions that these segments of the population were not fully acknowledged or asked to provide on-going input; (9) the perception by UNT and TWU students that they had been left out and were not receiving attention; (10) the recognition that the current number of Council members as it related to the population growth had reduced the contact time with its citizens since the representative ratio had increased dramatically; and (11) the recognition that many municipalities found it more suitable and manageable to go to a single member district. The Mayor and members of the Council thanked Mr. Davila for his report. The Mayor received a presentation from "Miss Wheelchair - Texas" honoring Denton as a city which was very accessible for the handicapped. A plaque was presented to the City for the work on the Square. / 3, Public Hearings i A. The Council held a public hearing and considered adoption ` r I an0No._-- a U/J Aycnoa Item 0~S' ~ two City of Denton City Council Minutes F April 21, 1992 I Page 5 of an ordinance approving the annexation and zoning of 23,059 acres located on Forrestridge Drive, north of Ryan Road. (The Planning and zoning Commission recommended approval 5-0 at its February 26, 1992 meeting.) o Frank Robbins, Executive Director for Planning, stated that this issue had been before Council three timer with two public hearings. The ordinance was for annexation and ~,oning to SF-16 with an attached service plan for the delivery of municipal services and All facilities which was part of the annexation. This was part of a larger development which the Council had approved a preliminary plat. The final plat was under review of the Planning and zoning commission. The Mayor opened the public hearing. No one spoke in favor. No one spoke in opposition. The Mayor closed the public hearing. The following ordinance was considered: No. 92-060 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING 23.059 ACRES OF LAND LOCATED ALONG FORRESTRIDGE DRIVE, NORTH OF RYAN ROAD; APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY; APPROVING ONE-FAMILY DWELLING (SF-16) DISTRICT ZONING CLASSIFICATION AND USE DESIGNATION FOR THE PROPERTY; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND DECLARING AN EFFECTIVE DATE. Hopkins motioned, Trent seconded to adopt the ordinance, On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. S. The Council held a public hearing and considered adoption of an ordinance approving the rezoning of a 15,000 square foot tract of land located at the southeast corner of Smith and Johnson Streets from the Commercial District to the Two-Family District. (The Planning and zoning commission recommended approval 6-0 at its March 11, 1992 meeting.) Karen Feshari, Urban Planner, stated that thirteen property owners C were notified within a 2001 radius of the request. No letters were _r Agonda W. nponda Ilom_S._- City of Denton City Council Minutes April 21, 1992 Page 6 returned in favor and four were returned in opposition, Although the Planning and Zoning commission had recommended approval of the request, the request would require six of the seven votes in order to pass because of the amount of land in opposition. This was a a request to rezone the property from the commercial district to the two-family district. All surrounding zoning was commercial and the surrounding uses were single family homes, mini warehouses and a business. Perimeter street paving and sidewalks would be required on Smith and Johnson Streets. Utilities were adequate for the site and for this type of use. A neighborhood meeting was held on February 27, 1992 in which much concern was expressed regarding apartments locating in the area with increased traffic, noise and density of apartments. The application had been amended from apartments to a duplex. The Mayor opened the public hearing. John Johnson, the petitioner, stated that there was a need for moderate housing in Denton. The home on the site had an oversized garage which he intended to connect with the home for a duplex. He wanted to encourage new building in the area. There would be a small amount of building required to connect the garage and house. Council Member Trent asked why sidewalks were being required in the area and if there were other sidewalks in the area. Johnson replied that there were no other sidewalks in the area. Council Member. Perry stated that some of the areas were not zoned residential. and asked why the zoning was not consistent. Feshari replied that in 1969 the entire area had been zoned commercial. The zoning ordinance then was cumulative zoning and houses were allowed in commercial zoning. No one spoke in opposition. The Mayor closed the public hearing. Council Member Trent asked why sidewalks were required in this situation. Feshari replied that sidewalks would be required only if the property were replatted. If the requirements for parking, landscaping setbacks, etc. could be met, the property could be divided into two duplexes on the site. The following ordinance was considered: .j r wto 94;b City of Denton City Council Minutes April 21, 1992 Page 7 No. 92-06]. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM COMMERCIAL (C) TO TWO FAMILY (2F) ZONING DISTRICT' CLASSIFICATION AND USE DESIGNATION FOR 15,000 SQUARE FEET OF LAND LOCATED ON THE SOUTHEAST CORNER OF SMITH STREET AND JOHNSON STREET; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN 1 EFFECTIVE DATE. Alexander motioned, Hopkins seconded to adopt the ordinance. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", chew "aye", Perry "nay", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. 4. Consent Agenda Hopkins motioned, Alexander seconded to approve the Consent Agenda as presented. On roll vote, Trent "aye", Alexander Faye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "ayes'. Motion carried unanimously. A. Bids and Purchase orders: 1. Bid #1344 - Cold Drinks 2. P.O. #23610 - ESRI B. Tax Refunds 1. Considered approval of an automatic tax refund to First State Bank of Denton in the amount of $1,178.33. 2. considered approval of a tax refund to Sunbelt National Mortgage/Ajit Dave in the amount of $671.76. 5. Ordinances A. The Council considered adoption of an ordinance accepting competitive bids and awarding a contract for purchase of materials, equipment, supplies or services. (4.A.1. - Bid #1344) The following ordinance was considered: i r. is !1 Ili Aganda No. WIP City of Denton City Council Minutes April 21, 1992 Page 8 No. 92-062 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A ° CONTRACT FOR THE PURCHASE OF MATERIALS, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. 110-11 Smith motioned, Chew seconded to adopt the ordinance. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry '"aye". Motion carried unanimously. B. The Council considered adoption of an ordinance 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. (4.A.2. - P.O. #23610) The following ordinance was considered: No. 92-063 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. Perry motioned, Smith seconded to adopt the ordinance. Council Member Trent stated that the cost of the maintenance contract was $23,800 and asked what the City received for that amount of money. Gary Collins, Director of Information Services, stated that the contract included all new releases of GIS, technical support and hotline support from ESRI. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. C. The Council. considered adoption of an ordinance designating and establishing speed zones on Interstate Highway 35 and Interstate Highway 35 East frontage roads from the southern C city limits to the northern city limits for a distance of approximately 14.716 miles; providing for a penalty of a fine not exceeding two hundred dollars ($200.00); and providing a r Agenda No. City of Denton City Council Minutes April 21, 1992 Page 9 severability clause. (The Citizens Traffic Safety Support Commission recommended approval.) Rick Svehla, Deputy City Manager, stated that the Texas Department of Transportation had proposed four speed zones on IH35 and IH35E frontage roads within Denton City limits. Many sections of these frontage roads had no speed limit signs and the ones that were posted were inconsistent and not backed by any ordinance, making enforcement by the City's police officers difficult if not impossible. This ordinance would enable the police to successfully prosecute speed limit violators. Council Member Alexander was concerned that the speed limits might be too high. Svehla stated that a traffic study had been done and that the State had suggested the speed limits. City Manager Harrell stated that the speed limits suggested by the state would keep the speeds within certain perimeters. The City and the State Highway Department set the speed limits by doing a radar study on the cars passing in the area. The limits were set at the 80th percentile at what the public had been travelling. If the limits were set artificially low, the only way to enforce the low limit would be through constant police enforcement. The following ordinance was considered: No. 92-065 AN ORDINANCE DESIGNATING AND ESTABLISHING SPEED ZONES ON INTERSTATE HIGHWAY 35 AND INTERSTATE HIGHWAY 35 EAST FRONTAGE ROADS FROM THE SOUTHERN CITY LIMITS TO THE NORTHERN CITY LIMITS FOR A DISTANCE OF APPROXIMATELY 14.716 MILES; PROVIDING FOR A PENALTY OF A FINE NOT EXCEEDING TWO HUNDRED DOLLARS ($200.00); PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. Hopkins motioned, Chew seconded to adopt the ordinance. On roll vote, Trent '"aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. D. The Council considered adoption of an ordinance authorizing the City Manager to execute an agreement with the Texas State Department of Highways and Public Transportation for installation of traffic signal. controllers on FM 2181 at its ; intersection with Interstate Highway 35E, Oak Meadow Drive, and ` I } i r: Agenda 11am,!e~ Iu19 City of Denton City Council Minutes April 21, 1992 Page 10 Londonderry Lane in Denton; and authorizing the expenditure of funds therefore. 9 Rick Svehla, Deputy City Manager, stated that two temporary traffic signal controllers would be used to control traffic at the intersection of FM 2181 with the IH35E frontage roads during construction of Teasley. One controller would replace these two wP after construction and two additional controllers would be installed at the Oak Meadow Drive and Londonderry Lane intersections. The City would purchase and install these five controllers with the State reimbursing the City. The following ordinance was considered: No. 92-065 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE TEXAS STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR INSTALLATION OF TRAFFIC SIGNAL CONTROLLERS ON FM 2181 AT ITS INTERSECTION WITH INTERSTATE HIGHWAY 35E, OAK MEADOW DRIVE AND LONDONDERRY LANE IN DENTON; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND DECLARING AN EFFECTIVE DATE. Trent motioned, Alexander seconded to adopt the ordinance. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. E. The Council considered adoption of an ordinance approving the purchase of a utility easement from Larry D. Hemphill and wife Elizabeth A. Hemphill. (Ray Roberts Transmission Water. Line Project.) Dave Ham, Manager of Construction Projects, stated that in February of 1991 the Council directed the staff to proceed to obtain easements for a 36" water line for the seven miles from Lake Ray Roberts to the City. The next throe ordinances were for some of those easements. The Hemphill easement was 1.7173 acres of 501 wide permanent easement and .6869 acres of temporary easement which would discontinue once construction was finished. The following ordinance was considered: i Y. :r t' Ayonda ho. wQ1~~-- Apenda L11 10 y~ City of Denton City Council Minutes April 21, 1992 Page 11 No. 92-066 AN ORDINANCE APPROVING THE PURCHASE OF A UTILITY EASEMENT FROM LARRY D. HEMPHILL AND WIFE ELIZABETH A. HEMPHILL; AUTHORIZING EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. , Alexander motioned, Perry seconded to adopt the ordinance. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. j F. The Council considered adoption of an ordinance approving the purchase of a utility easement from Winnie Fern Sauls. (Ray Roberts Transmission Water Line Project.) Mayor Pro Tem Hopkins left the meeting with a potential conflict of interest. Dave Ham, Manager of Construction Projects, stated that there was 5.16 acres of permanent easement and 2.06 acres of temporary easement associated with this request. There were 15 mature trees which needed to be removed and the easement was very close to the house thus the price was a little more than usual. The following ordinance was considered: No. 92-067 AN ORDINANCE APPROVING THE PURCHASE OF A UTILITY EASEMENT FROM WINNIE FERN SAULS; AUTHORIZING EXPENDITURE OF FUNDS AND PROVIDING FOR AN EFFECTIVE DATE. Alexander motioned, Perry seconded to adopt the ordinance. On roll vote, Trent "aye", Alexander "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Mayor Pro Tem Hopkins returned to the meeting. G. The Council considered adoption of an ordinance approving the purchase of a utility easement from Mary Diane Carver Denny .James, Trustee and First City Texas- Houston, N. A. Successor Trustee. (Ray Roberts Transmission Water. Line Project.) Dave ]lam, Manager of construction Projects, stated that this easement had a total of 10,95 acres in three tracts along F.M. 21.53 and Burger Road. The following ordinance was considered: c~ 0 r. ,I r AOenda Na. Agenda Iteno City of Denton City Council Minutes ` April 21, 1992 Page 12 No. 92.068 AN ORDINANCE APPROVING THE PURCHASE OF A UTILITY EASEMENT FROM MARY DIANE CRAVER DENNY JAMES, TRUSTEE AND FIRST CITY TEXAS- HOUSTON, N.A. SUCCESSOR TRUSTEE; AUTHORIZING EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. Alexander motioned, Hopkins seconded to adopt the ordinance. On roll vote, Trent "aye", Alexander. "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye'f. Motion carried unanimously. H. The Council considered adoption of an ordinance amending the schedule of electric rates by adopting an amended Schedule TGS (General Service Time of Use Rate). (The Public Utilities Board recommends approval.) Jim Harder, Director of. Electric Utilities, stated that the present General Service Time-o£-Use Rate as passed in 1990 was intended to give General Service customer rate incentives to shift their load demand peaks away from coincidental peak with overall City load, thus lowering the City peak demand with its corresponding demand charge from TMPA. Since the City of Denton paid a monthly demand charge to TMPA, it was the intent of the rate schedule, as written, to pass on to customers qualifying for the TGS rate, the TMPA demand charge that Denton paid, while passing on to their customers lower system energy charges over the General Service Rate class. Interpretation of the present rate schedule could lead to application of the demand charges only to the period June through September, rather than year .round, as intended, Council Member Trent what incentives were being done to get customers off the peak usage rather than a rate increase. Harder replied that this was not a rate increase. It was an interpretation of the existing rate structure. Debra Drayovitch, City Attorney, stated that the ordinance was drafted after a user of this rate owed the city a considerable amount of money and was trying to qualify with this rate. This was a clarification of the language in the ordinance. The following ordinance was considered; r r; e y,Agenda No. Agenda Item les~_ 8310 City of Denton City Council Minutes April 21, 1992 Page 13 No. 92-069 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE SCHEDULE OF ELECTRIC RATES BY ADOPTING AN AMENDED SCHEDULE TGS (GENERAL SERVICE TIME OF USE RATE) ; AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Alexander seconded to adopt the ordinance. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. I, The Council considered adoption of an ordinance authorizing the City to retain James Zinser, PH.D, to provide consulting services in certain pending litigation; and authorizing the expenditure of funds. This item was pulled from consideration. J. The Council considered adoption of an ordinance vacating an electric utility easement recorded in Volume 697, Page 881 of the Real Property Records of Denton County, Texas. Rick Svehla, Deputy City Manager, stated that, this ordinance was passed at the last Council meeting but had an incorrect page and volume number of the property deed. This ordinance was a correction with the right reference numbers. The following ordinance was considered: No. 92-070 AN ORDINANCE VACATING AN ELECTRIC UTILITY EASEMENT RECORDED IN VOLUME 697, PAGE 581 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS; AND PROVIDING FOR AN EFFECTIVE DATE, Alexander motioned, Hopkins seconded to adopt the ordinance. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye"", Motion carried unanimously. K. The Council considered adoption of an ordinance authorizing the Mayor to execute an agreement between the city of Denton and Lodqe Construction Company, Inc. to provide for the construction of an oversized watermain; authorizing the expenditure of funds C:herefor.e. (The Public Utilities Board recommended approval.) Agenda No,~_ Apende llem A L_'_~ D310 el City of Denton City Council Minutes April 21, 1992 Page 19 Bob Nelson, Executive Director of Utilities, stated that this was + a standa).d oversize agreement for the Forrestridge development which the Council considered earlier for annexation. The following ordinance was considered: No. 92-071 AN ORDINANCE AUTHOR_T"ING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND LODGE CONSTRUCTION COMPANY, INC. TO PROVIDE FOR THE CONSTRUCTION OF AN OVERSIZED WATER MAIN; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND DECLARING AN EFFECTIVE DATE. Perry motioned, Smith seconded to adopt the ordinance. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", chew 1'aye", Perry "aye", and Mayor Castleberry I'aye". Motion carried unanimously. 6. Resolutions A. The council considered approval of a resolution consenting to the inclusion of territory in the City's extraterritorial jurisdiction within Denton County Emergency Service District No. 1; and revoking the consent given in Resolution No. R90-068. John Cook, Fire chief, stated that in 1990 the Argyle Volunteer Fire Department proposed boundaries to form an emergency services district. Those boundaries had been redrawn to downsize the district. The following resolution was considered: No. R92-021 A RESOLUTION OF THE CITY OF DEN`I'ON, TEXAS, CONSENTING TO THE INCLUSION OF TERRITORY IN THE CITY'S EXTRATERRITORIAL JURISDICTION WITHIN DENTON COUNTY EMERGENCY SERVICE DISTRICT NO, 1; REVOKING THE CONSENT GIVEN IN RESOLUTION NO. R90-068; AND PROVIDING FOR AN EFFECTIVE DATE. Trent motioned, Smith seconded to approve the resolution. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. c t 3a Nonda No, Aponda Item / City of Denton City Council Minutes 3~ 7"D April 21, 1992 Page 15 7. The Council considered a request from the Denton Festival Foundation to allow the use of amplifiers and musical instruments on Sunday, April 26, 1992 from noon to 10:00 p.m. at the Civic o Center Park for the Denton Arts Festival. Catherine Tuck, Administrative Assistant, stated that this was another request to allow the use of amplifiers and musical instruments on a Sunday. This would be for the Denton Arts Festival. Alexander motioned, Smith seconded to approve the request. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 8. Miscellaneous matters from the City Manager. Lloyd Harrell, City Manager, presented the following item: A. There was the Work Session item which was to be continued but if the Council wished, it could be added to the Work Session for the next meeting. Consensus of council was to add the item to the next Work session. 9. There was no official action taken on Fxecutive Session items discussed during the Work Session. 10. New Business The following items of New Business were suggested by Council Members for future agendas: A. Council Member Trent stated that following the public hearing by the State Highway Department on the widening of Fort Worth Drive, there was much resistance by the businessmen in the area. He asked how information could be gotten from the businessmen in the area to the Council regarding the proposed widening. Could it be a future work session item with Input from the businessmen. City Manger Harrell replied that normally after the State's public hearing, the normal procedure would have been to forward the plans to the City Council for review. However, In this case, the Highway Department felt that there were legitimate concerns raised by the abutting property owners, and they were taking the project back to be reviewed and reanalyzed prior to the time of coming to the City Council. The Highway Department was analyzing the pub'.ic comments r f Aponda No. Agenda Itam!e_~~_~__" Wte ..~J.r~J City of Denton City Council Minutes April 21, 1992 Page 16 which were made and would present them in a plan to the Council. At that point, the Council as well as citizens, would have a chance to provide input before the State finalized the design of the road. a 11. There was no Executive Session held during the Regular session. With no further business, the meeting was adjourned at 8:58 p.m. BOB CASTI,EBERRY, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS ACC00082 C f. A Agonda No, Agenda Item. DIle CITY OF DENTON CITY COUNCIL MINUTES APRIL 28, 1992 The Council convened into a special Call Session at 5:15 p.m. in the Council Chambers, PRESENT: Mayor Castleberry; Mayor Pro Tom Hopkins; Council Members Alexander, Chew, Perry, smith and Trent. ABSENT: None Item #4 was considered. 4. The Council received a report and held a discussion concerning Fred Moore Park. Lloyd Harrell, City Manager, stated that this item was in response to a recent citizen report, Bob Ticknor, superintendent of Parks, stated that there was a lengthy report in the ag,,nda back-up detailing the concerns addressed during the recent citizen report. It was found that there were some areas which could be repaired immediately but some items were beyond the budget abilities of the current budget year.. He indicated that this park was maintained at or above the level provided at others the same size. The park received a six day per week service and a seventh day service after special events, Council Member Chew asked about the basketball courts. Fie and Council Member Perry had visited the park and the court needed to be redone. It was potentially dangerous in its present condition, Ticker replied that the court had been resurfaced in 1985 and there was some surface deterioration. This wear was similar to the wear received on the tennis courts. No funding was available for resurfacing this year. Council Member Trent asked about the sidewalks requested in the area. Money had been allocated a year ago with CDBG funds, Why was it taking so long to complete the sidewalks. Ticknor stated that money had been allocated for a sidewalk along Wilson street between Bradshaw and Ruddell and that it was expected to go to bid within the next month, City Manager Harrell stated that it was just half way into the fiscal year and that the project was in the system for processing. Mayor Castleberry asked Ticknor to write Mr. Young a letter regarding what had been done at the park and the date of the sidewalk installation. Fie asked that a copy be given to the council. i, The Council returned to the regular agenda order. 1• The Council received a report and held a discussion with Michael Morris from North Central Texas Council of Governments regarding membership to the Regional Transportation committee and reviewed the new Intermodal Service Transportation and Efficiency Act. Morris indicated that Council Member Alexander was currently on the Regional Transportation committee and that that membership required an elected official. As Council Member Alexander was about to go off the Council, a new elected official needed to be appointed to the Committee, Morris presented an overview of the Intermodal Service Transportation and Efficiency Act indicating that there was a 90% increase in roadway funding and a 100% increase in transit funding. There were more flexible programs, increased Metropolitan Planning Organization role in programming funds, a congestion management element, expanded transportation boundary, and linked transportation and air quality. The requirements of a metropolitan planning organization included a long-range plan, a transportation improvement program, a congestion management plan and a unified planning work program. Morris explained the transportation and air quality planning areas. fie explained the Transportation Improvement Program project election criteria, the transit program, the congestion/air quality program, the surface transportation program and the policy organization. The 1992-92 Unified Planr..ng Work Program included a regional transportation plan implementation, regional congestion management, air quality planning, regional aviation planning and local government technical assistance. 2. The council received a report and held a discussion with the Parks and Recreation Board concerning results of neighborhood meetings regarding the 1986 Bond Program and considered a recommendation as to how to proceed, Dalton Gregory, Chair-Parks and Recreation Board, stated that there were approximately 110 citizens at the various neighborhood meetings. The consensus of the citizen comments seemed to be that they wanted to continue with the original content of the bond package of developing two sites, one in the south and ane in the northeast. The citizens indicated that they wanted the City to do as much of the program as possible in consideration of the operation and maintenance costs. They felt that the city should go ahead with the purchase of the land but don't build the recreation center until it could be done correctly. The recommendation of the Parks Board was 'o proceed with the process of looking at land in various locations, doing an inventory of other possible properties and proceeding with looking at the best park sites available with the idea of a neighborhood park area which could ba developed immediately with some recreational opportunities such as Avondale Park, City Manager Harrell felt that it was the consensus of the. Council C q wi u to proceed with the implementation as detailed in the back memorandum. lie asked Council approval to send a letter to the School District that the City would not be prepared at this point in time to proceed with a natatorium. He indicated that staff would prepare a detailed plan regarding improvements to the Civic Center Fool. 3. The Council received a report and held a discussion regarding possible funding for engineering studies for the southern extension of the runway at the municipal Airport and gave staff direction. Rick Svehla, Deputy City Manager, stated that the City had been " successful in obtaining several FAA grant proposals. These included the airport master plan, the land for the extension of the southern runway and clear zone on the northern end, and the runway overlay project. The total. amount of the grant for the engineering Ile and the actual construction of the 1000' extension had been estimated at over $1 million with the City's participation of that project at 100 or approximately $120,000-150,000. Because the city was successful In receiving these grants in such rapid succession, it was not anticipated that these costs would be in this year's budget. The FAA had indicated that there was a good possibility that the City would receive the extension grant. They had also indicated that if the City did the engineering work prior to the grant, it might enhance the possibility of the grant. That would mean that approximately $90,000 was needed for the engineering study. The extension project grant was worth $1.3 million and the City's share would be approximately $130,000. Freese and Nichols had estimated the total cost of the engineering package to be about $95,000. The FAA had indicated that they believed all of this cost would be eligible to be used as part of the City's 100 match on the entire overlay project. If the study were done in stages, the first phase would cost approximately $60,000 which would further reduce the initial cost. If City staff did the actual surveying the actual cost be reduced to approximately $451000-$50,000. The only funding available for that $50,000 would be the unencumbered fund balance. Another option was to split the grant offer into an offer for engineering and an offer for construction, That would mean that the engineering designs would be approximately $90,000 and an extension project for approximately $1.2 million. Rick Woolfolk, Chair-Airport Advisory Board, stated that funds were short now as no one knew that the deterioration of tho 5000' was so bad. The FAA had indicated that one project could be funded at this time - either the extension or the overlay project. He reviewed the status of the airport during the last 10 months which included a completed sewer project, a 17% increase in hanger space, which represented a 38% increase in hanger space within the last two years, and a bid for the space tower at Alliance Airport. tie felt that if the engineering project were done, there would be a good possibility of getting the grant. There were several proposed projects which might develop if the airport had the extra 1000' of runway. There was $15,000 in the budget [or parking lot improvements and $7,000 in building renovations which the Board was r C Aoonda No, Agenda Ilnm__p5~ I1110 suggesting be used for the engineering project. City Manager Harrell stated that $1001000 - 110,000 had already been used from the general fund this year for Airport projects. Although the project to extend the runway 10001 feet was commendable, there was a concern regarding the funding of the project at this point in time. If a grant. were received for the whole project, after the start of the next !fiscal year, it would be possible to rollover the log match into a CO issue which would spread the payment over a 20 year period of time. If the money were to be used now, it would have to come from the fund balance. As the Council was aware, anything over 10% in the fund balance was used to help reduce the budget which reduced the need for a tax increase. Council Member Trent stated that money for parking lot improvements and building renovations had been offered to help reduce the amount needed for the engineering study. City Manager Harrell replied that this was the first he had heard of such a proposal and as the money was part of a CO issue, was not sure it could be used for the engineering study. Council Member Trent stated that housing starts were increased over lest year and felt that the fund balance would allow for the project. Council Member Chew felt that it was a worthwhile project but felt that it would be have to be discussed in a budget setting. Council Member Perry felt that there were too many uncertainties with some of the issues at this point in time. Mayor Pro Tom Hopkins stated that she felt action should be postponed until the Finance Department could respond on the use of the CO money. Cour:cil Member Alexander felt uncomfortable with going into the , fund balance. Airport Manager Joe Thompson asked if Council would like to hear from a pilot from the Airport and from a tenant from the Airport. Victor Bucci stated that as a pilot there were problems with a 50001 runway, In the summer, the airplanes could not carry a full tank of fuel as the runway was too short for takeoff, fie suggested the airport initiate a fuel fee or a landing fee. Jim Huff stated that there was a great deal. of momentum at the airport and felt that the extension of the runway was a requirement to future growth. The Mayor stated that the consensus of the Council seemed to be to continue discussions and to receive a reply from the Finance Y. Agenda Ilem~~~_ i Department regarding the CO's. Another work session could be planned with the Council at a later date. 5. The Council continued a discussion regarding the zoning and platting process and standards and gave staff direction. Frank Robbins, Executive Director for Planning, stated one of the issues had been what the City would require development to tell had they were going to do with land. There was a provision in the Subdivision Regulations which stated that if a property were to be " developed with a building built it had to be platted. If there were a larger area of land owned by the development, then there was a requirement that either a preliminary plat or a general development plan would have to be filed on the rest of the development. Council held a discussion regarding the replat process, how council was involved in the process and what regulations the Council had to follow with regards to the legal process. Consensus of the council was to leave the process as it currently was while the Zoning Task Force reviewed the zoning process. 6. The Council received a report and held a discussion concerning the status of contract negotiations with the Upper Trinity Regional Water District. Bob Nelson, Executive Director for Utilities, stated that contracts were presented to the Public Utilities Board for consideration at its April 1 meeting. The Board expressed concern that the contracts were generally unbalanced in favor of the District. Staff was able to satisfactorily address the general concerns such as the requirement for Denton's five year lead time for non-renewal notification. However, the Board was not. agreeable to the projected net income reduction in 1994 and 1995, even though the projected net income through 1998 would be $2,283,000 higher.. staff was directed to continue negotiations with the Di-strict, nelson reviewed the key elements of the initial period water treatment and transmission contract and the key elements of the interim wholesale raw water sales. Details of those key elements were in the agenda back-up materials. 7. Miscellaneous matters from the City Manager. Lloyd Harrell, City Manager, presented the following items: A. Early voting had ended with 347 voting today and a trtal of 1156 voting early. B. Council Member Smith and he would be in Austin on Wednesday attending a university cities planning conference. i v. it Agorda No, Aponda llem__/es Wlo 8. New Business 4,10 The following items of New Business were suggested by Council Members for future agendas: A. Council Member Trent asked about the process with the State regarding the Fort Worth Drive project. City Manager Harrell indicated that State was reviewing the project and the Council would be informed when it had been redesigned. a Public input would be received at that time. B. Council Member Alexander asked about the operation of the municipal driving range. 9. The Council convened into the Executive Session to discuss legal matters, real estate and personnel/board appointments (discussed personnel matters and duties of the City Manager, the City Attorney, and the Municipal Judge as related to thy: operation of Municipal court.) 10. There was no official action taken on Executive Session items. With no further business, the meeting was adjourned. BOB CASTLE E3 -R-Y MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS ACC00084 c a w1 ~Y I i ,COUNCIL[ fj } 1 r ~+t r - 7~~ » r- . s4 41- o P kG_ Al-, f c C, fU / r ~tr~ trj a~ It ~-yo ,O~Cr,V,r~r~~i~~, fir; ~?I ..+t f, #i 44' i~,~ f r E~~~ tl }#tl~i.;_ ; I'-+ t;rar; t ;r'_~t1ttl, 41 r , i r + f ' Y i Agenda DATF.t 05/05/92 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Variance request to 534-114, 411, b of the Code of Ordinances (Subdivision Regulations) which requires that a cul-de-sac be no more than 1000 feet long. e RECOMMENDATIONt The Planning & Zoning Commission recommended approval 5-0. SUMMARY: This application has been submitted by Mr. Tim Fleet, developer of Pilot Park Estates. In this case, the proposed cul-de-sac within the subdivision is approximately 1700 feet long. Pilot Park Estates is a proposed 19-lot residential subdivision on the western shores of Lake Lewisville, in the extraterritorial jurisdiction. BACKGROUND: The Planning & Zoning Commission, pursuant to a public hearing on April 22, 1992, determined that the applicant has met all three criteria for a variance as set forth in S 34-7 of the subdivision & Land Development Regulations. The three criteria are as follower 1. Granting of the request would not violate any master plans as defined by § 34-5 of the subdivision & Land Development Regulations. 2. The special or peculiar conditions upon which the request is based relate to the topography, shape, or other unique physical features of the property which are not generally common to other properties. 9 3. The special or peculiar conditions upon which the request is based did not result from or was not created by the owner's or any prior owner's omission. In the unanimous opinion of the Planning and Zoning Commission, because of the unusually narrow shape of the property and the fact that the property 1.9 almost surrounded on three sides by Pilot Knoll Park, it would not be reasonable to stub out a street to adjacent property, or provide a second access from the existing perimeter road. Also, none of the mentioned unusual conditions was created by the owner or any previous owner. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Since the development is outside of the city limits, the developer will not be required to enter into a three-way contract for construction of the road. C i. r. .v.: Ul It 11 t. r Norida No. - T;1 Ailuda lion If Wto ice ? - FISCAL IMPACTS N/A Rsubmit edr Pred byr Harrell ~B4 ~ 1 City Manager C./._ V r G. Owen Yost, ASLA Urban Planner Appr v//ed r ran!H . bbins, AICP Executive Direct Planning and Development Attachmentsr 1. Preliminary Plat 2. P&Z Minutes AXX00151/4 a l S it :.i Agenda NO. /J r e ATTACIMENT 1 3~ Agenda LXAl 2-' P-92.010 Pilot Park+le --=-3~ NORTH G~ e1 % t I °♦r 5. q ` L ° ~ ` 4r~A Jr ~~2 S= r yr-w L '`'•~``1 1r 3 i 14. vY t I ^ 1 1 0. 4 S. C PRELIMINARY FLAT Date: 4/16/92 Scale: NONE ' r. ri ornda hto.._ Agenda Ham. I RECOMMENDATIQN TO CITY COUNCIL, V-56 The Planning and Zoning Commission held a public hearing on April 22, 1992, to consider the petition of Tim Fleet requesting a variance of Section 34-114, paragraph 11-b of the Code of Ordinances which requires that a cul do sac be no more than 1000 feet long. After consideration and discussion of the following criteria, the Commission recommended approval by a vote of 5.0, The Commission based its recommendation on the following responses to the criteria; 1. Gran,ing the request would not violate any master plans as defined by Section 34-5 of the Code of Ordinances. Crantrne the variance would not violate an City Afrrster flats, 2. The special or peculiar conditions upon which the request is based relate to the topography, shape, or other unique physical features of the property which are not generally common to other properties. The properly is stmvurmded on tluec sides by C,ar~s o Emit-~ teens pro acr! and has q ucrrroly_ street frntua ~e so i1 to would trot be prcretic'al stub out a stree,~~ t or urwide crtt crdditioturl gccevs, 3, 't'he special or peculiar conditions upon which the request is based did not result from or was not created by the owner's or any prior owners omission. The above rtretur_otterl cnttciitiotrs Were created b _L he Cis F,'tt ~ittcets~tlltett ~1 obttrbted properly for Lclke Lewi~vkQ(.,. Respectfully submitted. .h. irman ~ oc/varrec c 4 - J e`e` I 111 I Honda N0. L1Z11 hltonda Item les ATTACHMENT 2 Quo P&Z Mi»us April pril 22, 1999)2 DRAFT I Page 3 carried (6-0) to recommend approval of the preliminary plat of Exposition 1 Mills. d. Consider the request for Development Plan water and sewer line funds for the proposed Lot 1, Block A, Exposition Mills. Gerald Cosgrove stated that the City of Denton adopted a "Guideline for funding and Selecting Development Plan Candidates Water and Sewer Lines" ~ on March 7, 1989. This guideline was replaced with the "Infrastructure Financing Policy" adopted by the City council oil February 19, 1991. The Utilities Department Staff recommends approval of the request from Exposition Mills of Texas, Inc. for development plan funding for 4,350 feet of 12" water line participation for an amount not to exceed $199,500. The first phase of the development contains 127,000 square feet of retail space. Estimated annual sales is in excess of $24 million. The first phase will employ approximately 300 people. Initial investment exceeds $19 million. Exposition Mills will draw customers front a 100 mile radius. This facility should help to spur growth along the I-35 corridor. The estimated net benefit is $423,684. The Public Utilities Board has reconunended approval of this request as well, and it will be considered by the City Council at their next in=L11ng. It was moved by Mr. Glasscock, seconded by Ms. Iluey and unanimously carried (6-0) to recommend approval of the request for Development Phan water and sewer line funds for Exposition Mills, not to exceed $199,500. Ms. Morgan left the meeting. VIII, Pilot Park Estates a. Hold a public hearing to consider recommending variances to the Subdivision Regulations for the proposed Pilot Park [:s(ates, The requested variances are from; 1) Maximum length of cut-de-s"le. 2) Requirements for siduwalks adjacent to interior streets. Mr. Salmon reported that the proposed subdivision is in Denton's extraterritorial jurisdiction (F.'TJ) close to Copper Canyon. It has narrow street frontage on Orchid [-fill Lane. TWO variances were submitted, He rklonda No. Ago ndaila~n. P,& minutes April 22, 1992 Page 4 reviewed the variance request concerning cal-dc-sac length first, (See attachment.) He then reviewed the variance request concerning sidewalks. o (See attachment) Mr, Holt asked which criteria the sidewalk variance does not conform to. y1 Mr. Salmon said that it violates the topography criteria. Ms. Huey asked if there is a general ordinance requiring sidewalks all over. Mr. Salmon said yes, fit general they are required along all perimeter streets. Mr, Glasscock asked how many feet of sidewalk would be required. Mr, Salmon said around 3,100 or 3500' of sidewalk would have to be built before the plat could be filed. There is no bond option because building permits are not issued for the ET3• Mr. Glasscock noted [licit the sidewalk would cost about $35,000• Petitioner: Tim Fleet, 2424 Rogers, Fort Worth, stated that as he was trying to get this subdivision through the system, his engineer had to have triple by- pass surgery. He had to come to meet with the City himself and thinks that the Development Review Committee is a good way to handle thiugs• He has 400' of frontage on Orchid Hill. There will be a brick monument sign at the entrance to the subdivision. He has made application to I3artonville to be allowed on their water system. The entrance will be landscaped and maintained. A natural pond will be left on Lot 2. Thc reason for the sidewalk variance request is that a lot of trees would have to be torn down. The area is heavily wooded, Probably about 900 tees would have to be torn down for the sidewalk, The trees are what makes this property attractive., The homes that will be built in this subdivision wilt cost about $300,000 and up, Most of the people will probably be a little older and more established without small children. I le has toured other similar type subdivisions and they don't have sidewalks. I Ic showed the Commission pictures of the type of subdivisions he was rcfcrring to, This subdivision will only have one entrance, There will not be a lot of traffic. It is surrounc;ccl by Corps of Engineers property, It is about 100 yards from the lake, Ile also stated that lie will be giving the subdivision a different name. The current one was picked out by U/ konaa No. Apnntla Item L~~s__ P&'L Minutes % lj~ ~ April 22, 1992 Page 5 D R AT"' his engineer, _ Mr, Yost noted that the distance from the lake varies with the level of the lake but it is an average of 400'. Mr. Kamman asked if the actual number of trees that would have to be torn down has been calculated. Mr. 'lect showed the Commission pictures of the area. He said that lie is buying the land because of the trees. Fie can't sell one acre tracts without trees. Mr. Glasscock noted that the area looks like a forest, Mr. Gngelbreclit asked if there will be a ditch on both sides of the road. Mr. Salmon said yes, There will be 60' of ROW dedicated. 'T'here will be 24' of pavement with 2' between the borrow ditches on each side of the road, Mr. Engelbrecbt said that by the time the borrow ditch, street, and sidewalk are put in, more space will be taken up than a larger street with sidewalks in other subdivisiom% Mr. Salmon said M, it would use more land. ' Ms, [-Lucy asked if the road will have shoulders instead of curb and gutter, Mr. Salmon said yes, W. Fleet said that lie planned to construct the street of G" thick concrete, RecolmnCLORtiOll: Mr, Salmon stated that the Development Review Committee recommends approval of the cut-de-sac variance and denial of the sidewalk variance. The street will have a required width of 24' with 2' of shoulder on each side, The sidewalk could be between the shoulder and the borrow ditch or oil the opposite side of the ditch, It could wind around trees, T:ingincering plans have not been presented yet so staff does not know how wide the ditcltcs will need to be. •i Agenda Ilem___/l~_ P& Minutes April 22, 1992 Page G DRAFT Mr, Kamman said that if the road is concrete and the sidewalk is between the road and ditch, what would keep cars from driving on the sidewalk. Mr. Salmon said that it could be a problem, p Rebuttal; Mr Fleet said that putting sidewalks around trees gets the sidewalk uprooted. The City cannot maintain all sidevalks and the responsibility for nlaintellalice falls oil the homeowner. lee Ms. Iluey moved to recommend approval of the cul-de-sac variance. Motion was seconded by Mr. Kanumn. Mr, Holt moved to recommend approval of the sidewalk variance, Motion was seconded by Ms. Huey, Motion carried unanimously (5.0). Mr. Kanlman agreed with the motion given the number of trees and that there could be a problem with the sidewalk right next to the road. Mr. Glasscock said that the cost of the sidewalk is one reason and the loss of so many trees is another. This subdivision can look good without sidewalks. Mr. Holt said that lie is not sure lie would vote to recommend approval of the sidewalk variance if there several connecting streets but this subdivision is surrounded by Corp of Engineers land, Since the street is a cul-de-sac, there is no potential for the sidewalk to connect to any thing in the future. The topography condition is therefore fulfilled, Mr, Engelbrecht said that lie is concerned about where sidewalks should go when there are borrow ditches along thf; road, This should be addressed in the future. There also deeds to be dire -tion for developers when areas are heavily wooded and when they are not. Motion to recortullend approval of the sidewalk variance carried unanimously (5-0). b, Consider the preliminary plat of 22.735 acres in the I I'J, proposed as Lots 1- 19, Block 1, Pilot Park lislates, I R:f+ - {CITY E',t 0UN CIL~ r; 7 - Zt It ~ . I ~4 o -I Er ~ i0oo~ ~ ~ ~ t~ }rji vl. +t OO~ TO .V, S F-~ ~l i i ,Jill . 1 Agontta lSum__~ i ti DAU DATES 05/05/92 CITY COUNCIL REPORT FORMAT Tot Mayor and Members of the City Council FROMt Lloyd V. Harrell, City Manager SUBJECTt Variance request to S34-114, Jill, b of the Code of ordinances (Subdivision Regulations) which requires sidewalks along both sides of a the streets within the development. RECOMMENDATIONI The Planning & Zoning commission recommended approval 5-0. SUMMARYt This application has been submitted by Mr. Tim Fleet, developer of Pilot. Park Egtatee. since the development is over 8000 feet from a City of Denton water line, it is exempt from perimeter street paving and sidewalks along that perimeter street. It to not exempt from the interior sidewalk requirement. Pilot Park Estates is a proposed 19-lot residential subdivision on the western shores of Lake Lakewieville in the extraterritorial jurisdiction. BACKOROUNDs The Planning & Zoning commission, pursuant to a public hearing on April 22, 1992, determined that the applicant has met all three criteria for a variance as set forth in S 34-7 of the Subdivision & Land Development Regulations. The three criteria are as followsl 1. Granting of the request would not violate any master plans an defined by S 34-5 of the Subdivision & Land Development Regulations, 2. The special or peculiar conditions upon which the request is based relate to the topography, shape, or other unique physical festures of the property which are not generally common to other properties. 3. The special or peculiar conditions upon which the request is based did not result from or was not created by the owner's or any prior owner'e omission. In the unanimous opinion of the Planning and Zoning Commission, because of the unusual physical condition of the property and the fact that it is almost surrounded on three sides by Lake Lewisville and Pilot Knoll Park and is heavily wooded, sidewalks would not be either well-used nor ecologically reasonable. Also, none of the unusual conditions was created by the owner or any previous owner. PROGRAMS` DEPARTMENTS O1 CROUPS AFFECTFDt None c~ r. !i i Apida No. Aponda btu n_.Ju 3~_ r Nto city council Format pilot point Estates Variance may 5, 1992 FISCAL IMPACTS N/A Respe ully submitte i I, a Prepaarre~db~yi Llc, d Harrell City Manager G. Owen Yost, R Urban Planner App ovedt rank Abins, AICP Executive Director Planning and Development Attachments 1. Preliminary Plat 2. P6Z Minutes AXX00151/2 A C r I ly~onda rho. _ 9~ - C~/Jr ATTACHMENT 1 AElor~tla fforti_Ao t Lt~lo -A- P-92-010 Pilot Park NORTH t r ~ ~ ;sp ,4 V t rt 40°M ~~I~ t5° \ l l ~✓l \ S. ) k .,r.r r , i1 N!F°\1 a d ~ t 1br \ ~ rl t ~9ro..\ \ y tL.oa't~\1'' r ~urr~ \r~O h, TO i ((4tt. 1 / i \ ~ ~ %Iilb ° Soh t ~ ✓ ~ titer s ♦ r 1444 ♦ .ti t~ ~ °01 ~ r,y J \IY'1 J l~ lot", 1-11.V PRELIMINARY PLAT Date: 4/16/92 Scale: NONE rtdoada No, J2. Aponda Mani,-/Ls [kilo RECOMMENDATION TO CITY COUNCIL V-57 The Planning and Zoning Commission held a public hearing on April 22, 1992, to consider the petition of Tim Fleet requesting a variance of Section 34-114, paragraph 17-b of the Code of Ordinances which requires sidewalks along both sides of streets within a development and along one side of perimeter streets. After consideration and discussion of the following criteria, the Commission recommended approval by a vote of 5-0. 'rhe Commission based its recommendation on the following responses to the criteria: 1, Granting the request would not violate ,my master plans as defined by Section 34-5 of the Code of Ordinances. R` Grantink, the variance would noI ijlahte any City Master Plans. I The special or peculiar conditions upon which the request is based relate to the topography, shape, or other unique physical features of the property which are not generally common to other properties. The Uronerty is lag anti narrow and is surrounded on three sidses by- C u) of Pn d~ tears property. Also, the proneTfl, is very heavily wooded, The sidewalks wouldnol tic into any adjacent development and would require the removal of a large number of trees, 3. The special or peculiar conditions upon which the request is based did not result from or was not created by the owner's or any prior owner's omission. The unusual shape of the properiv was created when the Coil) of Engineers obtained the roLrt or Lake_ Lewisville, Respec[fully submitted: u'a tt irman oe/varrec c h 4011da No. ATTACHMENT 2 Agenda Itom... les P&Z Minutes April 22, 1992 ]992 RT Page 3 carried (6.0) to recommend approval of the preliminary plat of Exposition Mills. cl, Consider the request for Development Plan water and sewer line funds for the proposed Lot 1, Block A, Exposition Mills. Gerald Cosgrove stated that the City of Denton adopted a "Guideline for Funding and Selecting Development Plan Candidates Water and Sewer Lines" on March 7, 1989. This guideline was replaced with the "Infrastructure Financing Policy" adopted by the City council on February 19, 1991. The Utilities Department Staff recommends approval of the request from Exposition Mills of Texas, Inc, for development plan funding for 4,350 feet of 12" water line participation for an amount not to exceed $199,500. The first phase of the development contains 127,000 square feet of retail space. Estimated annual sales is in excess of $24 million. The first phase will employ approximately 300 people. Initial investment exceeds $19 million. Exposition Mills will draw customers from a 100 mile radius. This facility should help to spur growth along the 1.35 corridor. The estimated net benefit is $423,684. The Public Utilities Board has recommended approval of this request as well, and it will he considered by the City Council at their next meeting. it was moved by Mr. Glasscock, seconded by Ms. ITucy and unanimously carried (6-0) to recommend approval of the request for Development Plan water and sewer line funds for Exposition Mills, not to exceed $199,500. Ms. Morgan left the meeting. VIII. Pilot Park Estates (I. Hold a public hearing to consider recommending variances to the Subdivision Regulations for the proposed Pilot Park Estates. The requested variances are from; 1) Maximum length of cul-de-sac, 2) Requirements for sidewalks adjacent to interior streets. Mr. Salmon reported that the proposed subdivision is in Denton's extraterritorial jurisdiction (ETJ) close to Copper Canyon. It has narrow street frontage on Orchid Hill Lane. Two variances were submitted. He I A F P&Z Minutes DR T April 22, 1992 Page 4 reviewed the variance request concerning cul-de-sac length first. (See attachment.) He then reviewed the variance request concerning sidewalks. (See attachment) 4 Mr. Holt asked which criteria the sidewalk variance does not conform to. Mr. Salmon said that it violates the topography criteria. Ms. Huey asked if there is a general ordinance requiring sidewalks all over. Mr. Salmon said yes. In general they are required along all perimeter streets. Mr. Glasscock asked how many feet of sidewalk would be required. Mr. Salmon said around 3400 or 3500' of sidewalk would have to be built before the plat could be filed. Thes•e is no bond option because building permits are not issued for the ETJ. Mr. Glasscock noted that tile sidewalk would cost about $35,000. Petitioner; Tim Fleet, 2424 Rogers, Fort Worth, stated That as he was trying to get this subdivision through the system, his engineer had to have triple by- pass surgery. Fie had to come to meet with the City himself and thinks that the Development Review Committee is a good way to handle things. fie has 400' of frontage on Orchid Hill. There will be a brick monument sign at the entrance to the subdivision, He has made application to 13nrtonville to be allowed on their water system. The entrance will be landscaped and maintained. A natural pond will be left on Lot 2. The reason for the sidewalk variance request is that a lot of trees would have to be torn down. The area is heavily wooded. Probably about 900 trees would have to be torn clown for the sidewalk. The trees are what makes this property attractive. The homes that wilt be built in this subdivision will cost about $300,000 and up. Most of the people will probably be a little older and more established without small children. He has toured other similar type subdivisions and they don't have sidewalks. He showed the Commission pictures of the type of subdivisions he was referring to. This subdivision will only have one entrance. "There will not be a lot or traffic. It is sufrounded by Corps of Engineers property. It is about 100 yards from the lake. He also stated that he will be giving the subdivision a different name. Tic current one was picked out by I LO Agenda No, .--Z2 llam!~S~!_~__ Agenda (Ja to P&Z Minutes f` April 22, 1992 Page 5 D PU F his engineer. Mr. Yost noted that the distance from the lake varies with the level of the lake but it is an average of 400'. Mr. Kamman asked if the actual number of trees that would have to be torn down has been calculated. Mr. Fleet showed the Commission pictures of the area. He said that he is buying the land because of the trees. He can't sell one acre tracts without trees. Mr. Glasscock noted that the area looks like a forest. Mr. Engelbrecht asked if there will be a ditch on both sides of the road. Mr. Salmon said yes. There will be 60' of ROW dedicated. There will be 24' of pavement with 2' between the borrow ditches on each side of the road. Mr. Engelbrecht said that by the time the borrow ditch, street, and sidewalk are put in, more space will be taken up than a larger street with sidewalks in other subdivisions. , Mr. Salmon said yes, it would use more land. Ms. I luey asked if the road will have shoulders instead of club and Butler. Mr. Salmon said yes. Mr. Fleet said that he planned to construcl the street of 6" thick concrete. Recommendation; Mr. Salmon stated that the Development Review Committee recommends approval of the cul-de-sac variance and denial of the sidewalk variance. The street will have a required width of 24' with 2' of shoulder on each side. The sidewalk could be between the shoulder and the borrow ditch or on Ilse opposite side of the ditch. It could wind around trees. Engineering plans have not been presented yet so staff does not know how wide the ditches will need to be.. tv, 1 ~ I c 'II t ~T t 'C I T Y }{;,COUNCIL,: fi L 1 r 4 1 i I F 1) noo F D , t. o 1}1,~~f1 O F ~ O kk 4 iii , E;;tt;ltEi: f;li , 1IIE T -;_r ; r v DATE: 05/05/92 CITY COUNCIL REPORT FORMAT A,jonda Ni). - ()d _.1~~ Af,irsfi& 1w TO: Mayor and Members of the City Council Lmle FROM: Lloyd V. Harrell, City Manager SUBJECT: PRELIMINARY PLAT OF LOT 11 BLOCK A, OF THE EXPOSITION MILLS ADDITION RECOMMENDATION: c The Planning and Zoning Commission recommended approval 6-0 at its April 22, 1992 meeting. SUMMARY: The preliminary plat contains 17.234 acres of land, which is part of a 245± acre tract, and is located on the east side 1-35N, north of Westgate Drive. This is the first preliminary plat of Planned Development No, 142, Public Improvements. Transportation: About 1112 feet of four lane boulevard on Westgate Drive and relocated IH 35 exit ramp and frontage road partially funded by developer with Texas Department of Transportation. Water & Sewer: This project falls within the Economic Development policies for city participation pertaining to "Plan Line" extensions. The $199,500 request is for a waterline extension along I-35 and an 8 inch sanitary sewer line from Westgate Drive to the property. The city will participate with the developer in the extensions across the frontage of the property being platted. Electric: Extension of about 1100 feet of underground electric distribution lines from near Loop 288, down 11135 to and across the tract being platted. B&91(GROUND: The property is zoned PD-142. The City Council approved a Development Plan for this site on July 16, 1991. 'rho Planning and Zoning Commission approved the PD Detailed Plan for this tract on April 22, 1992. No action by Council on the Detailed Plan is required. The preliminary plat conforms to the minimum requirements of the subdivision and Land Development Regulations, Chapter 34 of the Code of Ordinance. C u f f f City council Report Format lk3te . h ; ~2, Exposition Mills Preliminary Plat a 05/05/92 PROGRAMS, DEPART VTS OR GROUPS AFF'EC'TED: City and Developer FTSCA TMP$OT: $199,500 for "Plan Line" extension and participation in water and sewer lines, the value of which will be defined and approved by council at a later date, 6 Respectful submitted: 'tlie Prep red by., Lloyd V. Harrell City Manager L~ Frank Robbins, xecutive Director. Planning and D velopment Attachments 1. Location Map 2. Preliminary Plat 3. Approved Detailed Plan 4. P&Z Minutes AXX00145 c, h 7 ~ ~J ii i Agowfa No, o? D AQenda Ilem_s~U / city Council Report Format (Wo .__J _ ~2. Exposition Mills. Preliminary Plat 05/05/92 pROGRAMS,~DEEFARTMENT$ OR GROUPS A , !TG -D: City and Developer FISCAL IMPACT1 $199,500 for "'Plan Line" extension and participation in water and sewer lines, the value of which will be defined and approved by Council at a later date. Respectful submitted: 4,4 t) - Prop red by: Lloyd V. Harrell City Manager F ank Robbins, xecutive Director Planning and D velopment Attachments 1. Location Map 2. Preliminary Plat 3. Approved Detailed Plan 4. P&`L Minutes AXX00145 i' i AT''ACt{I.MLNT 1 panda Pla. e.) 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Is; ! ~ _ _ ! 1 ~ 41 1~ I IN I 1 ,Y I r / ~ l - _ f ~ "A,~MN r•~l le N nlJnMl Wesfgale prlve (100' ROW) ti r ~l i` konda No. IIOM r._ RAO MINUTES D l' 'cS'r Planning and Zoning C'ommissiOn April 22, 1992 The regular meeting of the planning and Zoning Commission of the City of Denton, Texas, was held on Wednesday, April 22, 1992, at 5:00 p.m. Present: Jim Engelbrecht, Ivan Glasscock, Judd Holt, Mary Evelyn Iauey, William + Kamman, and Fran Morgan Absent: Melvin Willis Present from Staff: Fronk Robbins, Executive Director for Planning and Development; Janet Simpson, Parks and Recreation; Steve Brinkman, Parks and Recreation; Joe Morris, Assistant City Attorney; Karen Feshnd, Urban Planner; Owen Yost, Urban Planner; Gerald Cosgrove, Will cr/WastewElter; David Salmon, Engineering; Bob Castleberry, Mayor; and Olivia Carson, Secxtary Chairmaun Holt called the meeting to order and closed the executive session. 1. Executive Session V. Exposition Mills a. Consfder it detailed plan for it portion of Planned Devc~opnnent 142. One property owner within 200' was notified; no reply forms were returned. Staff Report: Ms. Fesha ri presented the staff report (attached). She said that this case is not it public hearing and does not fnavo to be heard by the City Council. Mr. Holt clarified that there is only one sign deviation proposed and it can be allowed fu a PD if off-set by other benefits. The development plan was approved by the City Council and the Commission is now looking at detailed plan. The Commission must decide, if tine sign devfation meets with subslcuatfal compliance with the sign ordinance or it' it offers corresponsding benefits that merit the deveiation. Mr. Glasscock stated that he thinks the criteria as listed in the staff report have been met. The sign deviation offers corresponding benefits that merit the deviation, lie moved to approve the cletailed pima and sign deviation findings. Molion was seconded by Mr. 12"'ngelbrecht and uaanfnncxisly carded Uf Y J~gonda No, /am? t Agenda 11ani. !-S 11-06 P&Z Minutes April 22, 1992 LJ ~l Page 2 b. Consider a general development plan fora 245,8 acre tract known as I-Illlerest Center. Staff Report: Ms. Feshari stated that the general development plan contains 245,8 acres of land and is located on the east side of I.35 North. The Subdivision Regulations require general development plans whoa a small portion of land under one ownership is developed, The Information contained In the approved PD development phut meets all of the. information requirements for a general development plan. Therefore the approved development plan will be used as the general development plan. 11 conforms to the mhifniunt requlrerntents of the Subdivision and Land Development Regulations, Chapter 34 of [tic Code of Ordinances, Mr. Lngelbrecht asked ghoul Road C. Mr, Robbins said that Road C could tie in the thoroughfare plan connecting road that goes till the way to 13oiuife I3rac, Westgate Drive naay he disconnected if there is it problem with traffic through the neighborhood It is an Issue for the neighborhood to decide whether they want access to 1.35 or to limit traffic through the neighborhood. Mr. Kammmn moved to approve the general development plan for the I-Ifllcrest Collier. Motion was seconded by Ms. Morgan artd unanimously carried (6.0) C. Consider the preliminary plat of 17.234 acres proposed as Lot 1, Block A, Exposition Mills. Staff Report: Ms. Feshari reported that the preliminary plat contains 17.234 acres of land. Approxlntatcly 5,17 feet ol'sidewalks will be constructed by the developer, The locations of these sidewalks are acceptable as it comprehensive pedestrian plan and are shown as all casement on the plat. An 8" water line :and a 12" sewer line will also be constructed along 1-35, The Public Utililics I3osird Has reconuaicnd approval of it request for city participation with the plan line extensions, The $199,500 request Is for it wmerlftte extension along 1.35 and an 8" sanitary sewer line from Westgate Drive. The prelfmintny plat conforms to the nifniuunit requirements of the Subdivision and Land Development Regulations, Chapter 34 of the Code of ~r kunda No. At!uuda IVem.. ~5 =10111V P&Z, Minutes April 22, 1992 Page 3 ~S Ordinances. It was moved by Mr. Engelbrecltt, seconded by Ms. Huey, and unnniniouOy carried (6.0) to recommend approval of the preliminary plat of Exposition Mills. d. Consider tine request for Development Plan water and sewer line funds for the proposed Lot 1, Block A, Exposition Mills, Gerald Cosgrove stated that the City of Denton adopted a "Guldeline for Funding and Selecting; Development Plan Candidates Water and Sewer Lines" on March 7, 1989. Tids guideline was replaced with tite "Infrastructtire Financing Policy" adopted by the City council on February 19, 1991, The Utilities Department Staff recommends approval of the request from Exposition Mills of Texas, Inc. for development plan funding for 4,350 feet of 12" water line participation for an nnxnnt not to exceed $199,500, The first phase of the development contains 127,000 square feet of retail space Estimated annual sales is in excess of $24 million. The first please will employ approximntely 300 people Inilitil investment exceeds $19 million, Fxpositiolt Mills will draw customers from it 100 mile radius, This facility should help to spur growth along the 1-35 corridor, The estimated net benefit is $423,684, The Public Utilities Board has recommended approval of this request as well, and it will he considered by the City Council tit (heir next meeting. It was moved by Mr. Glasscock, seconded by Ms. Huey and unanhnously carried (6.0) to recommend approval of the request for Development Plan " water and sewer line funds for 1. xposklon Mills, not to exceed $ 199,500, Ms, Morgan left the meeting, Vlll, Pilot Park ]states H. Hold it public llcaring to consider recommending variances to the Subdivision Regulations for the proposed Pilot Park 1-]states. '['lie requested variances ore from; 1) Maximum length of col-de-Sac. 2) RCduirentCtitS fur sidevttllcs adjnCent to interior streets. R -4 4 I T Xi, COUNCIL: f TV 3 E NOW f1 _i} ,oa° aP o coy>, E--,;E f 1° , I 1 E LIJ: EI} ;3 Y. r /~L•I.0001 F ORDINANCE NO. _ l AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVID- ING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated com- petitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of state ].aw and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible 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 t'ie appropriation of funds to be used for the purchase of the ma- terials, equipment, supplies or services approved and accepted herein) NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION . That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" attached herto, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM m -.4.0.... YENDO~ =001 1341 ALL 0IO-AQUATIC TESTING 1352 102,3 SQUTIIERN AMBULANCE{ $16,805.00 1352 4 MIt&-11I T f?QUIPMIsNT $ 3,.00 1352 5-14 30UT11KRN AMBULANCI: $ 3,300005.00 ~ 4,'155.00 SECTION II. That by the acceptance and app,•oval 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 Aid Invitations, Bid Proposals, and related documents. w . 4 r Uendu I1em_,s_ '01z;-/q r,,. Rito SECTION III. That should tho City and persons submitting ap- proved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptances approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written oontraet which shall be attached hereto, provided that the written contract Is in accordance with the terms, conditions, spec- ifications, standards, quantities and specified sums contained in Q the Sid Proposal and related documents herein approved and accepted. SSECT OI V_. That by the acceptance and approval of the above numbered items 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- diately upon its passage and approval. PASSED AND APPROVED this day of , 1992. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRLTARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: - - r 4 6c~ 1 lgonda No, DATE: Matgq"end~S_ CITY COUNCIL REPORT TO: Mayor and Members of tho City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID #1341 - TOXICITY TESTING RECOMMENDATION: We recommend this bid be awarded to the low bidder, Blo- Aquatic Testing, in the total amount of .$16,680,00, SUMMARY: This bid Is for testing of discharge at the Water Reclamation Plant. These biomonitoring test are requirod by the EPA, This bid will be in effect for one year at a price of $695.00 per month for each of two test, BACKGROUND: Tabulation sheet, FLUB Meeting Minutes. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Waste Water Reclamation and the Citizens of Denton. FISCAL IMPACT: Budgeted Funds for 92.93 account 4620.082-Od81-8502. Respee ulily1submitted: at I Llo d larre 1 City Manager Approved: Namo: ])oil I[arpo 1 Title:Sonlor Buyer DH/j11 263. DOC r, R n t~ 1 r Agenda No. Agenda Ilem-S.SJ~%1_ BID N 1341 I ()Ile _ Jr_~?!_. BID NAME TOXICITY TESTING ~ 810-AQUATIC I TRAC LAB I I TESTING J I OPEN MARCH 24, 1992 I I I ITEM DESCRIPTION I VENDOR I VENDOR I I I I I 1.1 CHRONIC TESTING OF 1 695 MO I 750 MO 1 J AERIODAPHNIA DUBIA I I I ~ I 2.1 CHRONIC TESTING OF I 695 MO 1 750 MO I 1 PIMEPRALES f ~ I I ! ! I I ~ I I I I I ~ I ~ I I n C r. Agenda No. lei----- Agenda 11om 13310......E J~ GCJJ~ f Bn 42., EXCZRVT !//1 MINUTES- PUBLIC UTILIT?,E'S BOARD April 22, 1992 11. CONSIDER APPROVAL EFFLUENT TOXICITY B(BIOMONITORING)R THE MONTHLY Martin advised that the cost for the mandated toxicity testing ° of the effluent discharged from the Pecan Creek Water Reclamation Plant will be approximately $17,000. This monitoring is required under the terms and conditions of the new NPDES permit, The length of the ontrraacini meeting that the and if Denton passes without any failures requirement, thie3 requirement will be discontinued and the utility will not have to conduct these tests for the remainder of the require permit that time, owenter a into a very costly "toxic evaluation" process. Actions rove the bid of $695 per month for Frady made a motion to app each of the two month tests, for a period of 12 months, submitted by bio-Aquatic Testing, ayInc. es, nor nays, of $16,680, Second by Coplen carried. 4 C s, sonde No, Agenda Hom_ S 1~ Nto S May 05, 1992 CITY COUNCIL AGENDA ITEM e TO, MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Lloyd V. Harrell, City Manager RE: CONSIDERATION OF PROPOSED BID (NO. 1341) FOR THE MONTHLY ASSESSMENT OF EFFLUENT TOXICITY (BIOMONITORING) RECOMMENDATION: The Public Utilities Board, at their meeting of. April 22, 1992, recommended to the City Council the acceptance of the low bid as proposed by Blo-Aquatics 'T'esting, Inc. of $6951MO for each of 2 month tests for 12 months. SUMMARY: Toxicity testing (Biomonitoring) of the effluent discharged from the Pecan Crook Water Reclamation Plant is mandated by NPDES Permit no. TX0047180 which became effective November 26, 1991. Our experience with BTo-Aquatics 'resting, Inc. has identified the organization as a laboratory of proven reliability. BACKGROUND: Efforts by the USEPA to acoomplisli goals for the protection of drinking water sources have resulted Ili rogttlations restricting the levels of chemicals toxic to aquatic organisms in waters receiving discharge from wastewater treatment facilities. The NPDES permit requirements Imposed upon the City of Denton rocluire a 7-day test each month during 1992 for the survival and growth of fathead minnnows and survival and reproduction of daphnia water fleas in effluent from the Pecan Crook Water Reclamation Plant. The required protocol for sampling involves the collection of (3) 24-hour flow- proportioned offluont compoattos used throughout the testing period, Sample collection requires approximately 44 hours of manpower, Retesting requirements for failure to moot the accepted criteria for test results would double the manpower Investment and cost. Any failure of a retest requires submission of an approvnble proposal for a very contly 'T'oxicity Reduction Evaluation (TRE) to determine what measures are neaossary to reduce the effluent's toxicity to acceptable levels. TRE'F havo placed financial burden of up to $300,000 upon other Toxns municipalities. 1 c, r. t N~ 'y Njanda No. ~5w m dpi (101111a 110m, t11t0 _~r'_ ~ ~~w Page 2 The results of toxicity testingare dependent upon many factors, including the following: the quality of effluent to sustain the test organisms, prevention of extoraal contamination, the quality and health of the test organism stock, and the capabilities of the testing laboratory to follow the protocol required for quality of the highest standards. Bio-Aquatics Testing, Inc. has performed preliminary toxicity test for the City of Denton during 1991-92 and results have con.<ilstontly reflected the quality and reliability of the laboratory. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: City of Denton, Office of the Mayor, Department of Utilities, Water/Wastowater Division, Pretreatment Program. FISCAL IMPACT: 2 x 698.00/mo x 12 months = $14,480. Effluent toxicity and required toxicity reduction evaluation (TRE) would result in a significant financial impact upon the Department of Utilities. Submltt by: . to Harrell, City Mana er Prepared by: M }toward artin, -D110kt-br Environmental Oporat'lons/Fin. Admn. Approved by: R.E. Nelson, Fxecutive Director Department of Utilidos Exhibits 1: Bid Invitations I1: Proposals and Spocifirations from `I'rac Labs and Bic-Aquatics Testing, Inc. Ill: Mlnutos of PUB Meeting of 4/22/92 IV: Ordinatx;o Agenda No. DATE: MAY 5, 18g92 r rJ CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID #1352 - TYPE I AMBULANCE o RECOMMENDATION: We recommend this bid be awarded to the lowest bidder meeting d, specifications. Item 3 Type I Ambulance to Southern Ambulance Including (Item 1) Truck Cab/Chassis and (Item 2) Modular Body $88,805.00 Item 4 Generator Set to Mile-111 T Equipment $ 3,300.0:' Item 5-14 Misr. Equipment Southern Ambulance 4,285.00 Total Bid Award $981390.00 Delivery is quoted FOB Denton with delivery in 90 days after receipt of chassis. SUMMARY: This bid Is toi* the purchase of a 1992 Type I Ambulance for use by the Fire Department Emergency Medical Service Division. The unit is a fleet addition and will eventually be assigned to the new lire Station #8. The generator is a 8.5 kw 115 volt gasoline powered 'unit designed to power tho electrical requirements of the modular unit i.e. air conditioner, lights, heater, suction and other on board requirements. The miscellaneous equipment listed as bid Item 5 through 14 are required to complete the unit prior to placing Into EMS service, This unit was approved as a fleet addition during the budget process, The modular body offered by CI1C contains provisions for a diesel generator only and fails to meet the specification requiring a gasoline powered unit. BACKGROUND: Tat,ulation sheet. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Fire Department, Emergency Medical Services Divisions and the Citizens of Denton. FISCAL IMPACT: This unit will be fundod from Certificates of Obligation approved by Council and sold at an earlior date. r ,R } S'tl loonda No, CITY COUNCIL REPORT Agonda tto wl__._ MAY 5t 1992 PAGE 2 OF 2 y~j~/o2 4R,especyulllly submitted; Harrell ger Approved: t Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent 036. DOC PAGE. 1 Q !t 1352 I { I I 1 I I I I I I D NAME TYPE I AMBULANCE { MILE HI PRO-MED I SOUTHERN I FIRST EMERGENCY ONE 1 FIRE EQUIP AMBULANCE RESPONSE E FN APRIL 21, 1992 Q n , _J1 _1 I I I T3 n $ ITEM DESCRIPTION VEPIDOR I VENDOR I VENDOR I VENDOR I VENDOR N d 1.1 (1) TRUCK CAB/CHASSIS $31,552.00 1 $36,150.00 1 $34,066.00 1 +$31,600.00 I +x$31,571.00 2.1 (1) AMBULANCE BODY J $60,145.00 1 $58,043.00 I $54,739.00 1 $68,195.00 1 $66,994.00 I 3,1 (1) TYPE I AMBULANCE $91,697.00 1 $94,193.00 1 $88,805.00 1 $991795.00 1 $98,565.00 I COMPLETE TRUCK MAKE 1 INT'L 4700 LP INTIL 4700 LP I INTIL 4700 LP 1 INTIL 4700 LP 1 INTIL 4700 LP J BODY MFG I STRATUS CAYLE-CRAFT I SOUTHERN 500 1 RESPONDER MD IFRONTLINE 170SWI 4.1 (1) GENERATOR 1 $3,300.00 $4,472.00 1 $6,500.00 1 $7,500.00 1 $3,942.00 1 5.1 (4) ALUM.OXYGEN CYLINDERI $75.00 1 $70.00 1 $99.00 1 $80.00 1 $69.00 1 6.1 (1) FERNO COT I N/B I $1,600.00 I $10750.00 1 $1,891400 I $11'729,00 1 7.1 (1) FERNO STAIR CHAIR I N/B I $485.00 I $519.00 1 $519.00 I $499.00 1 8.1 (1) FERNO FOLDING I N/B 1 $155.00 1 $150.00 1 $169.00 1 $159.00 I STRETCHER { I I I I I 9.1 (2) SPHYGMOMANOMETERS N/B 1 $55.00 1 $125.00 1 $150.00 I $127.00 I 101 (2) OXYGEN DEL. DEVICES N/B I $165.00 I $195.00 1 $275.00 1 $199,00 1 111 (2) FIRE EXTINGUISHERS 1 N/B I $125.00 { $80.00 1 $100.00 I $100.00 I l0# i I I 121 (3) NO SMOKING SIGNS 1 NO CHARGE I STANDARD { NO CHAROE 1 $5.00 1 STANDARD I 131 (2) WHFEL&RIM FOR TRUCK 1 $200.UJ 1 $350,00 1 $150,00 1 $85.00 I $189.00 1 141 (1) CELLULAR TELEPHONE 1 N/B 1 $700.00 $460.00 1 $675.00 I $410.00 1 1 i *NOT TO SPEC i *NOT TO SPEC I I I 1 I DELIVERY 1120 DAYS A.R.O.190 DAYS A.R.O. 160-90DAYS A.R.0190-120DAYSA.R.01180 DAYS A,R.O. 1 1 I I I 1 I 1 I I I I 1 I I I I I I I. r PACE 2 Q D# 1352 I 1 i 1 I COLLINS I CHC 1 FRAZTER INC I SOUTHERN I SOUTHWEST I I 1 D NAME TYPE I AMBULANCE 1 AMBULANCE PLAINS INTL F> > I I I 1 ~ EN APRIL 21, 1992 K I I 1 ITEM DESCRIPTION I VENDOR VENDOR ^I VENDOR I VENDOR I VENDOR ' a is i- I I 1 w I SSIS $35,060.00 I $42,242.00 I NIS I NIS I NIB (1) TRUCK CAB/CHA 1,1 I j I 2,1 (1) AMBULANCE BODY I $73,020.00 I ;63,950.00 I $90,000.00 NIB NIB I NIB 1 $97,622.00 3.1 (1) TYPE I AMBULANCE 1 $108,080,00 I $96,192.00 I NIS I I INTEL 4700 LP I COMPLETE TRUCK MAKE ( INT'L 4700 LP 1 INT'L 4700 LP I I I I I I COLLINS IBRAUN COMMAND MEDTEC BODY MFG I 4,1 (1} GENERATOR $9,000.00 I $5,500.00 1 NIBS i $3,480.00 1 $3f400.00 1 .00 1 $ea.oo I NIS $85.00 I 1 5,1 (4) ALUM.OXYGEN CYLINDERI $60 N/B I $1,660.OU 1 6.1 (1) FERNO COT 1 $1$455.00 I $1.00 I NIB I NIB I $440.00 I 7,1 (1) FERNO STAIR CHAIR I $455.00 1 $ $5x1919.00 I NIB I 8,1 (1) FERNO FOLDING 1 $150.00 I $160.00 1 NIB I NIB 1 $170.00 I 1 1 I { STRETCHER 1 $150.00 I $90.00 I NIB NIB 1 $130.00 1 9,1 (2) SPHYGMOMANOMETERS 1 NIB I $225.00 1 101 (2) OXYGEN DEL. DEVICES 1 $185.00 I $246.00 I NIB I 111 (2) FIRE EXTINGUISHERS 1 $125.00 I $80.00 1 $60.00 I N/II I 1 10# 1 1 I 1 I $7.00 121 (3) NO SMOKING SIGNS I NO CHARGE 1 $3.00 1 $4.00 NIB 1 1$7.00 13 (2) WHEEL&RIM FOR TRUCK I $50,00 I $370.00 1 NIS I NIS I $ 141 (1) CELLULAR TELEPHONE *1p000.00 I N/B I NIB 1 N/B 1 $800.00 1 i I 1 I l I I I I 1 DELIVERY 190-120DAYBA.R.01120 DAYS A.R.0.1150 DAYS A,R.O.I 7 DAYS 190-120DAYSA.R.OI I 1 1 1 1 PAGE 3 y, G7 D M 1352 Q) I I ` D NAME TYPE Z AMBULANCE MAHANAY TAYLOR ( TNTL MADE I d R 1 I m ry 0 EN APRIL 21, 1992 I _ -I - ___._IY---•-- I` VENDOR Iy VENDOR I VENDOR I L7 T7 1 ITEM DEBCRIPT --I VENDOR i VENDOR i I ION I I I I I i 'cam 1.1 (1) TRUCK CAB/CHASSIS I #34,263.00 *#31,869.00 59,566.00 1 i I I 2,1 (1) AMBULANCE BODY NIBS i #91,435.00 I 1 3.1 (1) TYPE I AMBULANCE I 1 1 ( COMPLETE TRUCK MAKE INTIL 4200 LP ` 1NT 00 LP BRIDGES I I I I BODY MFG I N/B (INCLUDED ABOVE 4.1 (1) GENERATOR I I I I 5,1 (4) ALUM.OXYGEN CYLINDER( NIB ` #1, #25550.99 .99 I I I I 6.1 (1) FERNO COT 1 NIB #519.00 1 i I I 2,1 (1) FERNO STAIR CHAIR I NIBB 1 $169.00 I I 1 8.1 (1) FERNO FOLDING I I I I I I I I I STRETCHER 9.1 (2) SPHYGMOMANOMETERS NIB $99 .95 I NIB I $235.85 I I I I 101 (2) OXYGEN DEL. DEVICES I 111 (2) FIRE EXTINGUISHERS N/8 I #64.00 I I I I I I I I I 10$ 121 (3) NO SMOKIAG SIGNS N/B I N/C I I I I #300.00 1 I I I a~` 131 (2) WHEEL&RIM FOR TRUCK I NIS I $10200.00 I I I I { I I I I 141 (1) CELLULAR TELEPHONE N/13 I i I SNOT TO SPEC 1 ± 1 I ~ 1 I I I I DELIVERY 160-90DAYS A.R.0190 DAYS A.R.O. I I 1 I I I 1 I I C \y S v. • it i 2 - - - - f G ITY~ 4 U N C I L a :.i.~ t 41 T: 7 t i. TT T- - - - mT-Tm m p It i. ooooaoovo~o , ++E. 41 ox L7 7 ~ h I jtr I ~ y : Ecl{f };t rI 14;'E`„t:t'ii`.. ;,E3i:a.; I$1 F c, ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASES OF MA'T'ERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN ACCORD- ANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING FOR AN EFFECTIVE DATE. 4 WHEREAS, state law and ordinance require that certain contracts requiring an expenditure or payment by the City in an amount ex- ceeding $10,000 be by competitive bids, except in the case of pub- lic calamity where it becomes necessary to act at once to appro- priate money to relieve the necessity of the citizens, or to pre- serve the property of the city, or it is necessary to protect the public health of the citizens of the city, or in case of unforeseen damage to public property, machinery or equipment; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DE14TON HEREBY ORDAINS: SECTION 1. That the City Council hereby determines that there is a public calamity that makes it necessary to .~,t, at once to ap- propriate money to relieve the necessity of the citizens, or to preserve the property of the city, or to protect the public health of the citizens of the city, or to provide for unforseen damage to public property, machinery or equipment, and by reason thereof, the follwing services, as e desk ibed purchases sthe o"Purchasel Orders" attached -supplies are hereby approved: PURCHASE AMOUNT ORDER NUMBER VENDOR 24225 (3PNERAL F1,KTR'IC $18,41.4.00 ST'C'i'ION II. That because of such emergency, Lhe City Manaqer or designated employee is hereby authorized to purchase the mater- ials, equipment, supplies or services as described bed in the attached Purchase orders and to make payment therefore in the amounts there- in stated, such emergency purchases being in accordance with the provision5 of state law exempting such purchases; by the city from the requirements of competitive bids. w v r, ~ponda Ilem. _~S_,____t/Jr/J a~y SFCTI'ON,ITI. That this ordinance shall become effective im- mediately upon its passage and approval. PASSED AND APPROVED this the day of 1992. s BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: 9 C B ?t t / ` \1 Agenda No. e)l Y Agenda Item_ ~~t J DATE: MAY 5, 1992 y CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. }Harrell, City Manager SUBJECT: EMERGENCY PURCHASE OR')ER #24225 - GENERAL ELECTRIC RECOMMENDATION: We recommend this emergency purchase order to General Electric, in the amount of $18,414.00 be approved. SUMMARY: This purchase is for repair part and installation needed to restore the governor control value gear of turbine unit #5. The Turbine Is open, and the parts are required to expedite repair of the unit. BACKGROUND: Purchase Order #24225. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Electric Production, FISCAI, IMPACT: Budgeted funds for 1992 account #610-080-0251-8339. Respee lly submitted: Llo dV.1 arrel City Manager Approved: sI . JJ✓r ~.y ~ Y_ a Name: Denise Ilarpoolf Title: Senlor Buyer c D11/jh 262. DOC F ' `f r 'ONFIRMING ORDER I XX PURCHASE ORDER NO: FC 24225 (IF MARKED) L. J TfilS number roust appear on all 0 NOT DUPLICATE - Invoices, delivery slips, cases, Iq cons, bozos, packing slips and W1Is, q~N : Bid No: Date: 04 22 92 Page No. 01 VEN PURCHASING 01VIVON/9018TEXASSTRFET/oFNTON, TEXAS 76201 VAM / E r ~EFAL ELECTFIC CO 817/383.71000/FWMETRo8 1 71261 0042 lAX8171382.4692 ADFAE3 31 MIDWAY RD STE 500 DELIVERY CONFIRMATION CALY C21 z DALLAS TX 75244 ADDRESS ELECTRICAL DISTRIBUTION c: c: m 901 8 TEXAS $T• L9 FAT TURNER DENION• TX 7E201 VENDOR NO. GE N75000 DELIVERY QUOTED 04 30 92 FOB QEfT1NATiON TERMS 01 2.000 EA ENUCR CAT• A N / A MFG NAME 392009000 69400000 C17Y 0 93675 INSTALL CONTROL VALVE BUSHINGS 02 1.000 EA ENDCn CAT. i N / A MFG NAME 39000.000 89000.00 CITY 0 93675 REPLACE LEAK OFF PIPE 03 2.000 EA EN'OOR CAT. A N / A MFG NAME 4945?•000 89914900 CITY • 82092 S'rEM• CCNTFOL VALVE; 002013J28P0019 'TURBINE S10178861UNI'i E 04 1.000 EA VENDOR CAT, 8 N / A MFG NAME 1004000 100000 CITY N 96286 FREPAYEADD FREIGHT41F EXCEECS• CONTACT BUYER. PAGE TCTAL : 189414.00 ne 61A 080 01,151 839 189414.00 GFANO TCTAL : 189414.00 VENDOR INSI RUCTIONS: J. Terms - Net 30 woms miwyrise specikd l - - - - I. Send original Involce with duplicate copy, 4. Shipping Inslructlons: F.O.B. Doslbiatlon prepaid tun ns oii*rmsn sooaHedl 2 [lilt to - Accounts Payablo 6. No ledwol or slato galas tax shall be Includod 2IS E, McKlrmoy SI. In prlces bTod Denton, TX 10201 Purchasing Division VENDOR Y .r r 1 I 1 r C I T Y COUNCIL; F Ji. E. i go, t, t ~DO~ o e o f 0u<?n I-i i 1 r C7 V ~ L7 ~ t11E1 1.+~!)~n - - M r -fl 1 r rr r+ r~x rrll , 14 A I. E SI } 'I p ~Von(]A No, A~nnd211ofIL~S_~~_~-fin- ~E' DATE: MAY 5, 1992 _ f CITY COUNCIL REPORT TO: Mayor and Members of the City Council r FROM: Lloyd V, Harrell, City Manager SUBJECT: BID #1355 - NATURAL GAS, RECOMMENDATION: We recommend this bid be awarded to the throe low bidders, Trisar Gas Company, Mobil Natural Gas and Trinity Pipeline Inc. SUMMARY: This bid is to establish a contract with multiple vendors for the purchase of spot natural gas, From phone quotation, the lowest of the three vendors will be awarded the purchase of gas for the month, BACKGROUND: Tabulation sheet, Memorandum from Jim Thune, PUB Minutes, PROGRAMS DEPAR'T'MENTS OR GROUPS AFFECTED: City of Denton Electric Production Department, Cltlzens of tlio City of Denton, Electric Utility System, FISCAI, IMPACT: Budgefod Funds 1992-93 for purchase of Natural Gas 810-080-0251- 8201, Rospec ally submitted: ° I 7 Lloyd V. liai~eII City Manager Prepared by: Name: Denise llarpooi Title: Senior Buyer Approved: Name: Tom D Sliaw,C,P,M, t D11/jh 280,DOC r, BID w 1355 I I 4 I I ~ I I I Q 4 ZD NAME NATURAL GAS I TXO GAS IENSERCH GAS CO I MOBIL NATURAL I THE COASTAL l (MARKETING CORP.( 11TRISTAR GAS CO I PEN APRIL 21, 1992 I I GAS INC I CORP I I I i ITEM DESCRIPTION I- VENDOR I~ I I VENDOR I VENDOR I I VENDOR ~ G Ir I I I VENDOR I n a,~ I GAS DAILY INDEX G I +25C I +7G I I I I I 4C I NO RESPONSE I +3C I I i ' I LEFT BLANK I I I I I s BID # 1355 I I I I I I I I BID NAME NATURAL GAS TRINITY I I I TRINITY I I I i I PIPELINE INC. I PIPELINE INC. I I I I OPEN APRIL 21, 1992 I I I ~I _ I I I N I ITEM DESCRIPTION I VENDOR TI-~-~ -1--VENDOR VENDOR T I _I I I VENDOR ~ VENDOR f I I I 1 T I _ I I GAS DAILY INDEX I I I i +5.a I -7.9C ~ I I I I I I I PILOT LIGHT I I I I li i I CORE SUPPLY I I1 I I I I I ! ~ I I I I I I I I I I I I r r-rl -radi v `f f Aponda No.._ya Agenda Item &~r~'1 ~~ZI~ 5F Dato An?" 27. 1992 R City ~'ouncil Agenda Item 10: Mavor and Members of the City Council FRO: Lloyd V. Harrell, City Manager RE: FUFL GAS PURCHASING PROGRAM RECOMMENDATTON: The Electric Production Division recommends executlnq with suppliers of Tristar Gas 1'ompany, Mobil Natural Gas, Inc, and Trinity Pipellne, Inc„ City of Denton Ut.lities' interruptible natural gas sales and ourchase ^ontract agreements, SUMMARY: The Electric Production Department has soliciteribids frr the r,urchase of natural 9a:. for use in the boilers of the Spencer Electrical Generator Station. The bid process resulted io three qualified suppliers, The City will contract with the three suppliers ailowing for subsequent competitive supply of the necessary fuel gas to generate the Citv's power reauiremont, BACKGROU110: The Electric Production Division burns natural gas in steam generators to provide steam turbine electrical generation. Annual electric veneration from the Spencer Plant is projected at 36,730 MO for FY1993. This reuresents 3norrximately t2.6 million in natural gas fuel cost, To rJ;ite, ruel has been purchased through contracts with, Lone Star- Gas Company, the olpeiine company serving the Spencer plant, Other contracts with Ensearch Gas Company offered "spot gas" to the Plant burner tip or to Lone 5tar's pioeiitie, Since Ensearch C,a~ Ccmoany is the parent company to Lone Star Gas, prlc1l~;1 of the ^uei under existing Contracts has clot neon advant;:ge:;usly effected by iiar~et ulace comor, it?on, The arr•rent gas market "soot market" is a buver's marr.et_ and '.o to now the Ctty of Derir-,n has nct taken ildvantac;e of market Condi"ions„ This recommenoatlon 'r1111 , result in execution of three contract5, Stdte mandated purchaSinq reUulremept3 h.ava been full, lied since all three suppliers bl:i ro the specification, c f r r f>{J6ndd1v0. A) Apenda liens ~%S Gi ? ~fl % Date ~d S In practice, this recommendation will allow the City to contract with the low index bidder, Tristar, for June 1992 fuel requirements. Fuel purchases for July 1992 through May 1993 will be placed with the supplier offering low firm bid on monthly volumes or through a combination of low index and firm monthly bid, The City has the option to make the most cost effective selection provided by the three suppliers or, if Ensearch provides a more comoetitive response, to select Ensearch delivery. The desired result is effective competition and accordingly, fuel cost savings which can be applied to customer energy bills. PROGRAId,__GEPA_RTMENT, GROUpS AFFECTED: + City of Denton Electric Production Fuel Purchase program, City of Denton Utilities, Electric Production division, City of Denton electric utility customers. FISCAL IMPACT: FY 1993 Fuel Requirements: 1.071,825 mmBtu Budget funding at $2,05/mmBtu burner tip totals, $2,410,7iO,00t Includes demand and transportation adjustment, Based on index prices quoted, a savings of $0,04 per mmBtu is like'>. Resulting in i minimum estimated annual savings of $42,865,00 Respectfully, t.iovd V. Harrell ity Manager Prepared bv*. Jim_Thune, - Electric Production Manager Approved W Jim iiarUer R.r"., Nelson, Director of Electric Utilities Executivo Director of Utilities Ecnibits I: Bid Specification II: Quotes III: Legal Review IV: Minutes of PUB meetinq of 2-19-1 / c' y i f r 1 I D: I T qF PEI I f CI I i!i, TEL. Alentld NO Agenda pent --5" QA .._s? _o?r I 2 11. PURCHASE STRATF,GX FOR GAS ON THE SPOT MARKET. 3 (larder presented two options for thIIe purchasing of gas advising that stuff IF 4 attempting to purchase gas at prices{Mower than those paid now, 1) The Austin 5 Plan is an approval process done by the City of Austin. The Denton Legal 6 Department has looked at the process and given their approval. The Utility 7 would go through an annual contract, solicit as many bidders as possible on I 8 the spot mark for one month's supply of gas, and then choose from those bids, 9 This will meet state qualifications, or12) going through the Denton purchasing 10 plan. j I 11 Both plans preclude a continuous return to Board and Council for I 12 approvals since time Is of the essence when bidding for low priced gas I 2 3 supplies. Staff is requesting that iapproval be given to allow staff to go directly to the City Council bypassing the hoard, on these purchases. r, 16 Coplen asked how the process work from n transportation standpoint and a 17 Hrtrder gave a short overview of the vilrlous options for transportation, After I 18 Some discussion, Thompson stated th I at TMPA ought to be called in to push 19 legislation that may be needed in this Area. Coplen asked if the vehicles being I 20 considered for purchase for the Utility would be on natural gas, ila was 21 advisod them are two vehicles on natural gas at this time, I 22 Artionl 3 Coplen made a motion that the spot gas purchase policy be approved. Second 24 by Frady. All ayes, Ito anys, motion Carried, ~t.- i~Ul4tz`f M, J`~ `f 2 I 25 \ 16 c 23 r N i1 e: wpdocs\wb1 I Agenda 1tam._~__.___ ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING AN INTERRUPTIBLE NATURAL GAS SALES AND PURCHASE AGREEMENT BETWEEN THE CITY OF DENTON AND MOBIL NATURAL GAS, INC. FOR THE PURCHASE OF SPOT MARKET NATURAL GAS; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has a need for interruptible natural gas purchases to provide fuel for the Spencer Electrical Generating Stations and WHEREAS, the City could realize price savings by purchasing gas on the spot market; and WHEREAS, the City has solicited bids for one year contracts with spot market suppliers of natural gas, in accordance with chapter 252 of the Local Government Code; NOW, THEREFORE; THE COUNCIL OF THE CITY OF DEN`T'ON HEREBY ORDAINS: SECTION I. That it authorizes the Mayor to execute the attached Interruptible Natural Gas Sales and Purchase Agreement with Mobil Natural Gas, Inc. providing for the purchase of spot market natural gas. SECTION II.. That is authorizes the expenditure of funds in accordance with the terms of the Agreement. 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, OR ATTEST: JENNIFER WALTERS, CITY SECRE'T'ARY BYt i, r. O Agenda No,r,~ '~_Qlz e Agunda llom /JS d6'd Raro _._ir a a~{ 7 APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: Q ~ I Y{ (✓1~-` 6 PAGE 2 v, f Aoanda No, WlaP--/ M ,.bll Natural Gas Inc. 12450 Oa6EN5PCIN7O/ HOUSTOn.:ENAS 77050.199l April. 20, 1992 a City of Denton Purchasing 901-U Texas Street Denton, TX 76201, Mr, Tom Shaw, Agent NATURAL GAS SUPPLY PROPOSAL Dear Mr. Shaw: I am piea•ed to respond to your request to qualify eligible natural gas suppliers for service to start this June for a twelve. month term. As one of the nation's largest natural gas producers, PIobil can offer to the City of Denton a reliable supply of natural gas according to the terms listed on the attached bid forms. This quote is not in Itself an offer to sell gas but merely a proposal for the sale of natural gas and is not binding unless th terms hereunder are agre,)d to by both parties. Mobil is committed to continue it's industry leadership In direct gas sales, We pride ourselves on providing reliable full service gas supplies to critical gas markets. We currenLly sell 2.4 8CF'JDay of production in the direct, market. Of which 150,000 MMRU/ Day is available on lone Star Gas Company, Mobil's total domestic proved reserves exceed 7 trillion cubic feet, After yon review our proposal, 1 will gladly meet with you to answer any questions. I- the meantime, should you have any questions, please call the undersigned at (713) 775-2618, Very truly yours, ~ i Rick R. Neyrc r Area Gas Sales Manager At.tochments r v. c tgjo 1a No. ASontla Item,_ Ue Page 1 of 4 Natural Gas Aid Solicitation Form Firm Name: }10BII, NATUP,AI, GAS INC. 12450 GREENSPOINT DRIVE Address: HOUSTON, TMAS 77060 0 Contact Pr.:son : RICK NEYREY Title of Contact Person: AREA GAS SALES MANAGER Telephone Number of Contact Person: 713-775-2618 FAX Number of Contact Person: 71.3-775-4150 Wi.ll The Bidder Accept The City's Standard Contract YES NO Is Material Attached Which Documents The Firms Viability and Stability As A Natural Gas Suppler YES NO Year Th der began Selling Natural Gas 1991 1990 1989 or prior On The Market Total Gas Sales Nationwide in 1991 2,40 MMBtu Estimated Total Sale In Texas, 1991 ! , 10{) MMBtu Does The Bidder Or Its Affiliate Own cBS 110 Reserves in Texas Does The Bidder Have Firm Purchase contracts YF,S NO In Place To Delivery Gas To Lone Star. System noes The Bidder Hold Transportation on YES NO Lone Star System c PAGr 13 1 r, r r,I I 11, r 1, i 1 Agenda No...__ ya - Qr,~ Agenda ilanr_-za I1n0 f Page 2 Of 4 Natural Gas Bid Solicitation Form Texas Customer Reference #1 e Firm Name: HOECHST CELANESE, CHEMICAL CO~fptAUY F1rm Address; 1250 WTST %f0(NM4CURD LANE POB 569320 DALLAS, TEXAS 75;56-9320 Contact Person: JI:f 1•;EIARTON Telephone: 214-•689-4051 Texas customer Reference #2 Firm Name: LONE STAIN GAS COMPANY Firm Address: C14MESTA NATIONAL SANK Ei ILDPJC 6 DESTA DRIVE, SUITE. 3600 Contact MIDLAND, TEXAS 79705-5-510 Person. LES E{OLTON Telephone: 915-483-5561 index Price Bid The Bidder agree.- to ~ to sell a best der a at thg~•+a following s nominated by the City of ffo a best is not obligated to price. However t Denton on may from month to month solicitse gas based on index price, the City of suppliers in place of the index pr c eice bids from the Qualified Gas Daily Index (FODIN) cents Lone Star System Intrastate Index (first business day publication for the month in question) C. r. ti 4i 't Agnnda Mo. 9e2 D155_..__ Agenda 11w Page 3 of 4 Natural Gan Bid Solicitation Form Proposed Delivery Points List the proposed delivery points into Lone Star system, ---.COYANOSA rwr IJARA OAS PLANT ----------------------------------------r-------------------------- PEGASUS CAS PLANT ---r-rrr-----------------------ww--------.w..... w---w----------ww- ------w---r--w-------r-----------r-w----------------------- W----wr -------------------------------------------r-ww-V--------- r - .............r-------.......................w.w.r.-y...... ....----acct---------------------------- w- -w - v - w----- -r .n - - r --w------ ---Www w - -----.-r----- - C s. Agonda No. Agenda Item!ts -;.y 5e Page 4 of 4 Natural Gas Hid Solicitation Foy The Bidder hereby acknowledges receipt of all Addenda issued by the City of Denton, if any, subsequent to the issuance of the Invita- tion for Bids. In submitting this bid Bidder certifies that: a, The undersigned is authorized to bind the Bidder. " b. The amount(s) bid herein do not exceed the maximum price (s) established by Presidential executive order(s), or other federal statues or regulations and complies (comply) therewith in full. Rr' C. The price(s) quoted in this bid have been arrived at independently by the Bidder. The Bidder has engaged in no consultation, communication or agreement with any competitor regarding said prices, or any matter relating to such prices, the purpose of which is to restrict competition. d. The Bidder agrees that by submitting this bid, it has made a firm and irrevocable offer, for the period of review specified in the Bid Documents, to sell and deliver gas according to the terms and conditions r7~. specified in the Bid Documents and in this bid. SEE COVER LETTER e. The Bidder agrees, if this bid is accepted on or before 2:00 p.m, CST on April 21, 1992 to fully comply in strict accordance with the Bid Documents to supply natural gas for the amounts bid which is (are) accepted, and to execute and perform in accordance with the Standard Contract, Company, Partnership, or Sole Proprietorship Bidding; State of incorporation, if applicable: ML---RE C igna O It,_N,_?1GYi21:1' - AREA GAS SM,FS ?GR. Signer's Plame anti 't'itle (Corporate Seal. (Please print or type) if corporation) 4-20-92 713-775-2619 ~~a ti - - - ?hcne ACE 16 I 7 V~ z r kE CITY 1:. }'+COUNCIL h4 T.T r i { $1 i I ~I l~ ~ l tooaaoooaco~, rt t 0 o o E- I l1e,~1 r~ 1TI > Q (n,~, f n k L; , 44 L+r i „L ♦ ~I,C ~ + I .I,{ t€ trt~, ~ t.. 9P e:wpdccs\trinfty Ayeiid3IPem_ ~J ORDINANCE NO. _ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING AN INTERRUPTIBLE NATURAL GAS SALES AND PURCHASE AGREEMENT BETWEEN THE CITY OF' DENTON AND TRINITY PIPELINE, INC. FOR THE PURCHASE OF SPOT MARKET NATURAL GAS; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. + WHEREAS, the City has a need for interruptible natural gas purchases to provide fuel for the Spencer Electrical Generating ar station; and WHEREAS, the City could realize price savings by purchasing gas on the spot market; and WHEREAS, the City has solicited bids for one year contracts with spot market suppliers of natural gas, in accordance with Chapter 252 of the Local Government Code; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTIOV 1. That it authorizes the Mayor to execute the attached Interruptible Natural Gas Sales and Purchase Agreement with Trinity Pipeline, Inc. providing for the purchase of, spot market natural gas. SECTION II. That it authorizes the expenditure of funds in accordance with the arms of the Agreement. SECTION III. That this ordinance shall become effective imme- diately upon its passage and approval. PASSED AND APPROVED this the day of 1992. F308 CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: - C ,r Manda No, _Z_a D /J Agenda ltem APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY AT'T'ORNEY ' v BY: PAGE 2 r AOentia No. /..e-)- Agenda IEem~ Standard Contract standard contract City of Denton Utilities Interruptible Natural Gas Sales And Purchase Contract Agreement Date: April 21, 1992 Trinity Pipeline, Inc. (SELLER) a Texas Corporation r agrees to deliver and sell gas to the City of Denton, Texas (Buyer) and BUYER agrees to purchase and receive said natural gas from SELLER pursuant to the terms and conditions hereinafter set forth. 1, DEFINITIONS: The term "Agreement" shall mean this Interruptible Natural Gas Sales and Purchase Contract Including Attachment A which is incorporated herein. The term "month" shall mean a calendar month. The term "MMBtu" shall mean one million (1,000,000) british thermal units, The term "Receiving Pipeline" shall mean the interstate, intrastate, or local distribution company immediately downstream of the Point Of Delivery, The term "Buyers Notice" shall mean the letter agreement a form copy of which is attached hereto as Attachment A, which may he executed by BUYER and SELLER from time to time and which shall bind BUYER and SELLER to particular transactions for the purchase and sale of natural gas in accordance with the terms thereof and this Agreement. The term "Point Of Delivery" shall mean the location of the physical delivery to the Receiving Pipeline, 2, TERM The initial term will be one year from the date hereof, and month to month thereafter, subfect to the right of either party to terminate this Contract on 30 day's prior written notice to the other party, 3. PRICE AND PAYMENT OF COSTS AND TAXES PRIOR TO DIMVEM On a monthly basis, the price to be paid by BUYER for gas delivered by SELLER shall be specified on the "Buyers Notice" shown in Attachment A. Prices shall include and SELLER shall he responsible for payment of all royalties, production taxes, property taxes, severance taxes, purchaser taxes, and all other taxes and license fees which attach to the gas prior to delivery hereunder, Prices shall also include and SELLER shall be responsible for payment of gathering and transportation charges to the Point Of Delivery, payments or other charges thereon applicable before the title of gas passes to BUYER at the Point Of Delivery, BUYER shall pay transportation charges on the Receiving Pipeline, downstream of the Point Of DclIvery. c~ PAGE 1 i r. Nonda No. Agenda llem_-,S~ 4. QUANTITY AND POINT'S OF DELTVERYi Dato Gas quantities and points of delivery will be specified on a monthly basis on the "Buyers Notice", as shown in Attachment A, signed by BUYER and by SELLER. Requests for bids, submission or bids, or preliminary correspondence will not act as a Buyer's Notice and shall not be the basis for gas deliveries under this contract. SELLER shall deliver gas quantities consistent with the quantity, Point Of Delivery, Receiving Pipeline, and dates as specified in the "Buyers Notice" from the BUYER. 5. BEST EFFOR'T'S PERFORMANCE: SELLER will make a best effort to deliver, and BUYER best effort to receive, the gas quantities as , specified In the Buyer's Notice. Either parry may at any time curtail or interrupt service with no liability to either party. The curtailing party will make diligent efforts to notify the other party of the situation within 48 hours. 6. INCREASES IN QUANTITY AND CIIANGFS TO POINTS OF DE.LIVERYr BUYER may request Increases ro gas quantities or changes in points of i ;ry by specifying these requests in a revised "Buyer's Notice" to the SELLER. If accepted by SELL _R, SELLER shall make all arrangements needed to revise deliveries within 24 hours. If SELLER wishes to increase gas quantities or change points of delivery, he must notify BUYER, and receive a revised Buyer's Notice signed by BUYER to do so. 7, OVLR•DELINT,RIES If SELLER provides gas quantities for a month in excess of above the quantities in the "Buyer's Notice" or at points of delivery not specified In the "Buyer's Notice", BUYER shall have the right to refuse the quantities of gas and shall be exempt from any payments on those gas quantities. SELLER shall be liable for any penalties or excess storage or transportation charges owed by the BUYER as a result of the SELLER's deliveries In excess of 4% of the Buyer's Notice or at locations not specified in the "Buyer's Notice 8. GAS AND PRICE UNITS: All gas quantities and prices shall be in MMBtu adjusted10 14,650 psl, at a temperature of 60 degrees Fahrenheit, vllth both Mcf and Btu free of water vapor (Dry), Prices will be in U.S. dollars, 9, QUALITY AND PRESSURE: The gas delivered by SELLER shall meet the pressure requirements and quality specifications of the Receiving Pipeline, to, TiTim SELLER warrants for itself, its successors, heirs and assigns, title to all gas delivered and accepted by BUYER hereunder. SELLER warrants it has the right and lawful authority Igsell the gas and that such gas Is free from lions, encumbrances and claims of every kind. SELLER shall Indemnify and save BUYER harmless from all suits, claims, liens, damages, costs, losses, expenses and encumbrances of whatsoever nature arising out of claims of any or all persons to said gas or the title of said gas, SELLER shall be in control and possession of and responsible for any risk of loss, damage, claim, liability or injury caused thereby until the gas has been delivered to the BUYER at the Point Of Delivery, Title and risk of loss shall pass at the Point Of Delivery from SELLER to BUYER. PAGE 2 r. El F ApordaNo. Agenda Itom_/ S - _ [Ilia [1, [3rTERRUNING PAYMENT VOLUNIESt Jr 3~ On approximately the 15th day following the end of each month of gas deliveries, SELLER shall p furnish BUYER a statement specifying: volume delivered, location, and Receiving Pipeline. if these 1 volumes differ from BUYER'S independent monitoring of deliveries or Receiving Pipeline's records, BUYER shall have the right to pay on the undisputed amount either (I) under protest, or (11) upon final agreement being made on the delivered volumes by BUYER, SELLER and Receiving Pipeline. BUYER and SELLER shall have the right te, later revise payment volumes as a result of additional or revised volumetric data from the Receiving Pipeline or other companies associated with the production, sale, storage, or transportation of the gas. 1Z PAYMENT ° Within 15 days of receipt of the statement, BUYER shall make payment to SELLER for the gas quantities as determined in Paragraph 11. Payment statements should be directed to BUYER at: City of Denton Utilities Electric Production Division 1701-A Spencer Road Denton, TX 76205 Attn: Jim Thune, Manager, Electric Production 13, NOTIFICATIOM Communications regarding the performance of this contract shall be directed no: SELLER: Trinity Pipeline, Inc. BUYER City of Denton Utilities 17101 Preston Rd. Electric Production Division Suite 240, LB 122 1701-A Spencer Road Dallas, Texas 75248 Denton, TX 76205 Attn: Jeff L. Singleton Attn: Jim Thune, Manager, Electric Production 14, PERFORMING NOMINATIONS: BUYER will be solely responsible for nomination of gas volumes to the Receiving Pipeline, unless SELLER Is given specific written authorization from BUYER to perform these nominations. SELLER shall be responsible for all necessary nominations to transporters and all others related to the supply of natural gas prior to Point Of Delivery, J5. EXCIIANGC OF GAS QUANTITY INFORMATION: During the period of actual gas deliveries, SELLER and BUYER shall make available to each other current estimates of gas flows at the Point(s) of delivery under this agreement for the purposes of nomination to others and the monitoring of actual gas quantities delivered. If Seller Is unable to provide current estimates of gas activity to BUYER, SELLER will assist BUYER In obtaining said information from pipeline transporters, processing plant operators, well operators, or upstream suppliers. t6. GOVERNING STATE, This agreement shall be construed pursuant to thn laws of the State of Texas and venue for its / construction and enforcement shall lie In the courts of Denton County, Texas. ` PAGE 3 e Si ~i t Nonda No. Agenda IEem mss [Ale SELLER: TRINITY PIPELINE, INC. BUYER: By: By Norman Berthu©en Title: Vice President, Gay SUPPIy Title: Date: April 21, 1992 Date: PAGE 4 c ti 10. r ,4% tI k0enda W. Agenda BUYERS NOTICE GAS SALES AND PURCHASE AGREEMENT DATED: Date Of Buyers Notice: Buyers Notice Nurber: _ BUYER: SELLER: Natural Gas purchase quantities for All volunes and prices are based on MMStu adjusted to 14.650 Dry, Prices are in U.S. dollars. Total MMSTU Prlve xMBtu/Day For Period (S/Wstu) Dates For Point of Receiving De fiver Delivery J'ecility (14,650 (14,65D D/01 j14.650 0/D) Accepted And Agreed: Accepted And Agreed: (SELLER) (BUYER) Its: Gated: Gated: A OA991D »AGE 5 ,y a Agenda No, llam~~ TRINITY PIPELINE INC. Agenda 17101 PRESTON ROAD, SUITE 240, L8 122 Date DALLAS, TEXAS 75248 / PHONE: 214248.2878 FAX: 214-248-355 April 21, 1992 Purchasing Department " City of Denton 9016 Texas Street Denton, Texas 76201 df Re: Natural Gas Bid Gas Supply City of Denton Gentlemen: Enclosed for your review is Trinity Pipeline, Inc,'s bid for the reference package. This bid is applicable to the total daily requirements as described in the City of Denton's bid package. All material required by the City of Denton is contained within this package. If you have any questions or comments, please contact me at (214) 248-2879, Thank you for your assistance in this matter. Very truly yours, TRINITY PIPELINE, INC, Jeff L. Singleton Manager, Transportation & Exchange s Attachment r, r i 1 r Agonda No. Agenda Ilem -e§~S#5 Dale BID RESPONSE CHECKLIST BE SURE THAT YOU HAVE DONE THE FOLLOWING FORE YOU SUBMIT YOUR BID: EXECUTED IN DUPLICATE THE STANDARD CONTRACT ENCLOSED WITH THE BID DOCUMENTS, HAVING FIRST FILLED IN BIDDER'S NAME, STATE OF INCORPORATION, NOTICE ADDRESSES, ETC. SIGNED THE BID FORM (Bid Form Page) IF YOU HAVE ANY QUESTIONS PLEASE CALL: Purchasing Department City at Denton 901E Texas Street Denton, Texas 76201 (817) 383-7100 IF YOU FAIL TO COMPLETE AND RETURN THE REQUIRED FORMS AND DOCUMENTS YOUR BID WILL BE REJZCTED. PAGE 12 ti r' t /f !donda No. Agenda lion i.!~S BID RESPONSE CHECKLIST BE SURE THAT YOU HAVE DOME THE FOLLOWING UEFORL YOU SUBMIT YOUR BID: EXECUTED IN DUPLICATE THE ST.%NDARD CONTRACT ENCLOSED WITH THE BID DOCUMENTS, HAVING FIRST FILLED IN BIDDER'S NAME, STATE OF INCORPORATION, NOTICE ADDRESSES, ETC. SIGNED THE BID FORM (Bid Form Page) IF YOU HAVE ANY QUESTIONS PLEASE CALL: ' Purchasing Department City of Denton 901E Texas Street Denton, Texas 76201 (817) 383-7100 IF YOU FAIL TO COMPLETE AND RETURN THE REQUIRED FORMS AND DOCUMENTS YOUR BID WILL BE REJECTED. C i~ PAGE 12 6 Y. I W A~ I t3 ci onda No, Agenda I Natural Gas Bid Solicitatioll Form Page 1 of 4 Firm Name: Trinity Pipeline, Inc, Address: 17101 Preston Road, Suite 240, LB 122 Dallas, Texas 75248 0 Contact Person: Jeff L. Singleton Title of Contact Person: Manager, Transportation & Exchange Telephone Number of Contact Person: (214) 248-2879 FAX Number of Contact Person: (214) 248-3553 Will The Bidder Accept The City's S'candard Contracts) NO Is Material Attached Which Documents The Firms Viability and Stability As A Natural Gas Suppler NO Year The Bidder Began Selling Natural Gas 1991 1990 (198-9 or prior? 5-11-TFie Spot Market Total Gas Sales Nationwide in 1991 9 3 8 -7 G G MMBtu Estimated Total Sale In Texas, 1991 2.8731 flIZ MMBtu Does The Bidder Or its Affiliate Own YES No Reserves In Texas Does fhe Bidder Have Firm Purchase Contracts YES NO In Place To Delivery Gas To Lone Star System Does The Bidder Hold Transportation On YES NO Lone Star System 4 PAGE 13 r ' Sf e' Agonda No. Agenda ilem_S Dne Natural Gas Hid Solicitation Form G Page 2 of 4 Texas Customer Reference #1 Firm Name: The Milnot Company 9 Firm Address: 310 West Mockingbird Lane Dallas, Texas 75247 Contact Person: Mr. Carl J. Spaeth Telephone: (214) 634-1701 Texas Customer Reference #2 Firm Name: Texas A&M University Firm Address: Texas A&M University, Physical Plant Department, Agronomy Road, College Station, Texas 77843-1371 Contact Person: Mr. Joseph Sugg Telephone: (409) 845-3213 Index Price Bid The Bidder agrees to sell gas as nominated by the City of Denton on a best efforts basis at the following price. However, the City of Denton is not obligated to purchase gas based on index price, and may from month to month solicit price bids from the Qualified suppliers in place of the index price. plus five point eight Gas Daily Index 5.8 cents Lone Star System Intrastate Index (first business day publication for the month in question) PAGE 14 f A U I' it Arjonda No. ~ )1"~- AHondalle~n~~S Natural gas Did Solicitation Form Page 3 of 4 Proposed Deli.vezy Points List the proposed delivery points into Lone Star System. -Moran Creek-Village C.P. Robertson County, TX n 17-1625::q.01 - - - - - - - - - - - - - - - - - 17-1740-00,Musgrove !!1, Madison County, TX -^------°w..w.-^---r----------------.--.----------------------- i--- 03-0576-00, Tyler Gas Systems, Henderson County, TX --------..wr.......rr.-r.r «..rr-- , 04-2617-00, Kinsey C.P „ Rusk County, TX 04-2620-00, Green C.P., Rusk County, TX w - ---------«.y----------------------------------------------- 05-9213-00, Katy Gas Plant, Waller. County, TX - - r-------------------- - -r - «Y Texaco Streetman Plant Tailgate, limestone County, TX r w.....-w. w..---- •----------.rwY-.ww--- Palo Duro Pipeline, Nolan County, TX r - r r. Oasis Pipeline, Pecos County, TX - - - - - X-X2 Interconnect ("Heritage"), Pecos County, TX PAGE 15 i r Agonda h1o, Auenda Ilem_/CJ.S 1J 'q N Natural Gas Bid Solicitation Form Nio n Page 4 of 4 /3 a 3~ The Bidde. hereby acknowledges receipt of all Addenda issued by the C?.ty of Denton, if any, subsequent to the issuance of the Invita- tion for Bids. In submitting this bid Bidder certifies that: a. The undersigned is authorized to bind the Bidder. b. The amount(s) bid herein do not exceed the maximum price(s) established by Presidential executive order(s), ° or other federal statues or regulations and complies (comply) therewith in full. C. The price(s) quoted in this bid have been arrived at independently by the Bidder. The Bidder has engaged in e no consultation, communication or agreement with any competitor regarding said prices, or any matter relating tc .:;ch prices, the purpose of which is to restrict co-apetition. d. The Bidder agrees that by sub=ritting this bid, it has made a firm and irrevocable offer, for the period of review specified in the Bid Documents, to sell and deliver gas according to the terms and conditions specified in the Bid Documents and in this bid. e. The Bidder agrees, if this bid is accepted on or before 2:00 p.m. CET on April 21, 1992 to fully comply in strict accordance with the Bid Documents to supply natural gas for the amounts bid which is (are) accepted, and to execute and per.f'orm in accordance with the Standard Contract. Company, Partnership, or sole Proprietorship Bidding: Trinity Pipeline, Inc. State of incorporation, if applicable: Texas Signature Norman Berthusen Vice President, (,as Supply Signer's Name and Title (Please print or type) (Corporate Seal if corporation) t _ April 2.1, 1992?14 248-2879 _ Date Phone Number r PAGE' 1L i r. Nooda No. Agenda Ilem~ 1~' Nio , /f ~ 3G AWARD (This Section for The City of Denton use ONLY) Date of Award: Contract Number: Dollar Value: °r The above bid is accepted, the qualifying Bidder to participate in the City's Spot Gas program in accordance with the terms and conditions of the Spot Gas Contract. Bidder will be separately notified whether its bid for sale of the initial Purchase gas is accepted by the City. c, P 'I I~ ,i 4lomla Pla. _._ioc Q1 _ AUapda Ilom ~S , f} Oalu Natural Gas Bid Solicitation Form G Page 1 of 4 f Firm Name: Trinity Pipeline, Inc. Address: 17101 Preston Road, Suite 240, LB 1,22 Dallas, Texas 75248 A Contact Person: Jeff L. Singleton Title of Contact Person: hIanager, Transportation & Exchange Telephone Number of Contact Person: (214) 248-2879 FAX Number of Contact Person: (214) 248-3553 Will The Bidder Accept The City's Standard Contract NO Is Material Attached Which Documents The Firms Viability and Stability As F. Natural Gas Suppler (EE SO NO Year The Bidder Began Selling Natural Gas 1991 1990 8-Tnr przor'] Oh--The spot Market Total Gas Sales Nationwide in 1991 92) 68(, 76G MMBtu Estimated Total Sale In Texas, 2991 --ID r-IZJ-+ y 9 Z MMBtu Does The Bidder Or Its Affiliate own YES Np Reserves In Texas Does The Bidder Have Firm Purchase Contracts YES NO In Place To Delivery Gas To Lone Star System Does The Bidder Hold Transportation On (YE) No Lone Star System PAGE 13 I i 'r. Agenda 11ani. 1-es-? - Natural Gas Bid Solicitation Form Page 2 of 4 Texas Customer Reference 01 Firm Name: The Milnot Company 9 Firm Address: 310 West Mockingbird Lane Dallas, Texas 75247 Contact Person: Mr. Carl J. Spaeth Telephone: (214) 634-1701 Texas Customer Reference #2 Firm Name: Texas A&M University Firm Address: Texas A&M University, Physical Plant Department, Agronomy Road, College Station, Texas 77843-1371 Contact Person: Mr. Joseph Sugg Telephone: (409) 845-3213 Index Price Bid The Bidder agrees to sell gas as nominated by the City of Denton on , a best efforts basis at the following price. However, the City of Denton is not obligated to purchase gas based on index price, and may from month to month solicit price bids from the Qualified suppliers in place of the index price. plus five point eight Gas Daily Index A•/- (+Z 5.8 cents Lone Star System Intrastate Index (first business day publication for the month in question) i` c PAGE 14 Agenda Ni. Agenda I4um-e .s O110 Natural Gas Bid Solicitation Form page 3 of 4 Proposed Delivery points List the proposed delivery points into Lone Star System. 17-1625^00~ Morgan Creek Village C_P:_~a~ertson County, TX^_-----____^-_ fl! Madison County , TX _ ; 17-1740-00,Musgrnve - r S Bend Count , TX stems, Tyler Gas y_.. --son Y . - 03-0576-00, - -rr-r--- Rusk Co ,nty, TX rr_ ._r---- r.r--r r_r --r_, r 04-2617-00, Kinsey C.P.0 04-2620-00, Green C.P., Rusk County, TX ___r_r-_rrr------ rw__rrrwr------r r---r-rrrrr- - rrrr- rrr-wr 05-9213-00, Katy Gas Plant, Waller County, TX. .----rrrr r w r+ r r _rrrr -r r r rr w r w r •rrrr rr Limestone County, TX rrr-w--^- Texaco Streetman Plant Tailgate, -..r..r -rrrr-rr rrrrrrrrrwr- ' Palo Duro Pipeline, Nolan County, TX rw.r-r-r----r--•---....++..... rrrr-"~"--rrr--..- ~eline Pecos County TX Oasis Pi L - - ("Heritage"), Pecos County, TX X-X2 Interconnect PAGF 15 ,ti r Nowla No. AgerrOItem- l~S 11" w Natural Gas Bid Solicitation Form ()31e _6L -ILL Page 4 of 4 le The Bidder hereby acknowledges receipt of all Addenda issued by the city of Denton, if any, subsequent to the issuance of the Invita- tion for .Bids. in submitting this bid Bidder certifies that: a. The undersigned is authorized to bind the Bidder. b. The amount(s) bid herein do not exceed the maximum price (s) established by Presidential executive order(s), w or other federal statues or regulations and complies (comply) therewith in full. C. The price(s) quoted in this bid have been arrived at independently by the Bidder. The Bidder has engaged in no consultation, communication or agreement with any competitor regarding said prices, or any matter relating to such prices, the purpose of which is to restrict competition. d. The Bidder agrees that by submitting this bid, it has made a firm and irrevocable offer, for the period of review specified in thu Bid Documents, to sell and deliver gas according to the terms and conditions specified in the Bid 1)ocuments and in this bid. e. The Bidder agrees, if this bid is accepted on or before 2:00 p.m. CST on April 21, 1992 to fully comply in strict accordance with the Bid Documents to supply natural gas for the amounts bid which is (are) accepted, and to execute and perform in accordance with the Standard Contract. Company, Partnership, or Sole Proprietorship Bidding: Trinity Pipelinej_.nc. _ A State of incorporation, if applicable: Texas S ignat.u;: e Norman Berthusen Vice Pre-'.dent, Gas Supply Signer's Name and Title (Please print or type) (Corporate Seal if corporation) April i., 1992 „ML4) 248-2879 ` Date - Phone Number ' PAGE 16 V. Agenda N0. Agenda 11em_S_l~ AWARD r (This Section for The City of Denton Use ONLY) Date of Award: Contract Number: 4 Dollar Value: a The above bid is accepted, the qualifying Bidder to participate in the City's Spot Gas program in accordance with the terms and conditions of the Spot Gas Contract. Bidder will be separately notified whether its bid for sale of the Initial Purchase gas is accepted by the City. r i= ~i f Agonfla Agenda llum les, _y wto a o ~ 3~ Natural Gas Bid Solicitation Form Page 1 of 4 Firm Name: Trinity Pipeline, Inc. Address: 17101 Preston Road, Suite 240, LA 122 Dallas, Texas 75248 s Contact Person: Jeff L. Singletr u Title of Contact Person: Manager, Transportation & Exchange Telephone Number of Contact Person: (214) 248-2879 FAX Number of Contact Person: (214) 248-3553 Will The Bidder Accept The City's Standard Contract YES) NO Is Material Attached Which Documents The Firms Viability and Stability As A Natural Gas Suppler ~ S NO Year The Bidder Began Selling Natural Gas 1991 1990 (~98~ or prior One Spat Market Total Gas Sales Nationwide in 1991 93, 6 8 7 G G MM B t,.x Estimated Total Sale In Texas, 1991 &B -3 3 1 0` I z MMBtu Does The Bidder Or Its Affiliate Own YES 00 Reserves In Texas Does The Bidder Have Firm Purchase Contracts YES No in Place To Delivery Gas To Lone Star System Does The Bidder Hold Transportation On (Y NO Lone Star System C PAGE 13 •Y Arridi No Aponda item Duo 5-__.5- Natural Gas Bid Solicitation Form Page 2 of 4 Texas Customer Reference #1 Firm Name: The Milnot Company Firm Address: 310 West Mockingbird Lane F Dallas, Texas 75247 Contact Person: Mr, Carl J. Spaeth Telephone: (214) 634-1701 Texas Customer Reference #2 Firm Name: Texas A&M University Firm Address: Texas A&M University, Physical Plant Department, Agronomy Road, College Station, Texas 77843.1371 Contact Person: Mr. Joseph Sugg Telephone: (409) 845-3213 Index Price Bid The Bidder agrees to sell gas as nominated by the City of Denton on a best efforts basis at the following price. However, the City of Denton is not obligated to purchase gas based on index price, and may from month to month solicit price bids from the Qualified suppliers in place of the: index price, plus five point eight Gas Daily Index 5.8 cents Lone Star System Intrastate Index (first business day publication for the month in question) i PAGE 14 r. s Agonda No.rtL.: O~genda ltem.~s ~ Nit) P? A : 3i Natural Gas Bid Soliai.tation Form f Page 3 of 4 Proposed Delivery Points List the proposed delivery points into Lone Star System. 17-1625:001_Moraan Creek -Villa&e C P.,_Robertson County, TX___ 17-1740-00,Mu_grove #10 Madison County,-TX . - -w--- 03-0576-00, Tyler Gas Systems, Henderson County, TX ----.---..wr 04-2617-00, Kinsey C.P., Rusk County, TX V -r------- - ^ Y 04-2620-00, Green C.P., Rusk County, TX --r-.- - - - - - - - - r r w x 05-9213-00, Katy Gas Plant, Waller County, TX - - - - .p.. r.w. r . w r Streetman Plant Tailgate, Limestone County, TX Texaco M Palo - • - Duro Pipeline, Nolan County, TX -----w. W-------- r Y Oasis Pipeline,- Pecos County,-TX ---r______ X-X2 Interconnect ("Heritage"), Pecos County, TX 5 PAGE 15 b. Fonda No. A9enda IleniS~ 7 Natural Gas Bid Solicitation Form Page 4 of 4Gc~ issued by the The Bidder hereby acknowledges receipt of all Addenda city of Denton, if any, subsequent to the issuance of the Invita- tion for Bids. In submitting this bid Bidder certifies that: a. The undersigned is authorized to bind the Bidder. b. The amount(s) bid herein do not exceed the maximum price (s) established by Presidential executive order(s), or other federal statues or regulations and complies (comply) therewith in full. C. The price(s) quoted in this bid have been arrived at independently by the Bidder. The Bidder has engaged in no consultation, communication or agreement with any competitor regarding said prices, or any matter relating to such prices, the purpose of which is to restrict competition. d. The Bidder agrees that by submitting this bid, it has made a firm and 'irrevocable offer, for the period of review specified in the Bid Documents, to sell and deliver gas according to the terms and conditions specified in the Bid Documents and in this bid. e. The Bidder agrees, if this bid is accepted on or before 2:00 p.m. CST on April 21, 1992 to fully comply in strict accordance with the Bid Documents to supply natural gas for the amounts bid which is (are) accepted, and to execute and perform in accordance with the Standard Contract. Company, Partnership, or Sole Proprietorship Bidding: Trinity Pineline, Inc,„_ State of incorporation, if applicable: Texas S' nature Norman Berthusen Vice President, Gas Supply si.;ner's Name and Title (Please print or type) (Corporate Seal if corporation) C _April 'l1, 1.992 214 248-2879 Phone Number i Date PAGE 16 Agenda No. Agenda llem_ c~ 2'~1L NIQ AWARD (This Section for The City of Denton use ONLY) Date of Award: a contract Number: Dollar Value: The above bid is accepted, the qualifying Bidder to participate in the City's Spot Gas program in accordance with the terms and conditions of the Spot Gas Contract. Bidder will be separately notified whether its bid for sale of the Initial Purchase gas is accepted by the city. C GLOBAL TRINITY'10enda W. _1 GLOf3AL ITTROLFUM CORP. TRINrrv PIPELINE, INflellda Item. /~'S P Walenlllll CCIIICr, 800 South street 17101 Prolal Road, Sui1~ 240, Ln 113 Waltham, AIA 02254-9161 Dulles, TX 7 5248-3 169 l` U WHO ARE GLOBAL PETROLEUM AND TRINITY PIPELINE? I. Our Commitment; GLOBAI. PETROLEUM CORP., TRINITY PIPELINE, INC. and o other affiliates are deeply committed to the entire range of energy products on a Btu basis, Our commitment can be measured by the following; a. Our Organisational Struc re'. SHAREId0LDERS GLOBAL TRINITY MONTE;LLO GLOBAL PETROLEUM PIPELINE: OIL PETROLEUM CORP. INC, CORPORATION ; L'I'D, (Bermuda) FIRS'[' CMEX PETROLEUM ENERGY (A Div.) INC, GRIFFITH GLO13AL CONSUMI'RS PETROLEUM I NC. LTD. (SEC Registered (Spain) Corporation) (A Div,) b. Combined current sales levels exceeding $2.7 billion annually in the following energy products; Distillate Fuels (Jet, Diesel, N2), Gasolines, Residual Fuels, and Natural Gas C. Over 60 petroleum terminal locations in 20 Northeastern and Midwestern slates where product is transferred on a truck or tankcar basis. GL013A1_ bulk storage locations include; r Aganda No, Apenda tleni__ * - Storage Capacit)',000tMsFuels Clean Products -0 Fall River, MA 350 75 Pori Newark, NJ 450 250 Providence, RI 150 200.} 100 S. Boston, MA 00 350 Chelsea, MA 540 Revere MA 550 210 Portland, ME 1'0 160 Nr.w Bedford, MA 55 200 Bayonne, NJ 11695 'T'OTAL 2,095 d, Major gas utilities accounts are s, rviced on spot and long-term, five (5) year gas contracts. TP :4rrY PIPELINE, INC. and CMEX ENERGY, INC. jointly hold numerous transport avzeements along with import and export licenses for natural gas to support their Canadian, t J,S, and Mexico markets with over 100 principal gas delivery points. given import of1LNG in tl ecast severalvy arlsc first new authorization ,41T11 , IN. has recP e ME the DOE, of TRI CML'X is aggressively looking to bring LNG into the U5 for its systems supply and is planning the addition of several new pipeline interconnects in order that more direct routes will be available for gas flow out of the Lake Charles, Louisiana LNG facility. f. Over 37,000 residential and commercial customers in the greater Washington, DC and Boston areas. g, Over 200 gasoline service stations in Northeastern states. h, Numerous customers along pthe U.S. urchase Utst bCoast, ,S, arge oUc rrgo ulf Coast, Caribbean, Northwest basis. Europe, and Mediterranean L Delaware, London, Madrid, OBermuda tand CarracasaVenezuela andVBombay) staffed by over 500 employees. 2, St~l y S ources_, We have long-term commercial relationships with major refineries on three (3) continents (North America, South America, Europe): r~ Y 'r. Agenda No. Agenda tleml~'S__, Clean Products Residual Fuels Nitural Gas Amoco Chevron USA Phillips Petroleum G Exxon Sohio BP Gas Inc. Shell International Petrobras, Brazil Kerr-McGee Corp, Mobil Petro Peru, Peru Enogex Services Corp. Texaco Corpoven, Venezuela 'T'exaco Gas Marketing Crown Pemex, Mexico Ward Petroleum Corpoven, Venezuela Ecopetrol, Columbia Mesa Petroleum Lagoven, Venezuela Refiner, Crude Processing, Spain Enron Gas Marketing Maraven, Venezuela Mobil Natural Gas Inc. Pemex, Mexico Shell Oil & Gas Trading Chevron USA Amoco Energy Trading, In(,. 3. Experience: Each of our senior management personnel has more than 20-years experience in petroleum products acquisition, transportation, storage, and marketing. Included are former employees of Mobil, Texaco, Exxon, Gulf, Citgo, Dorchester, Corpoven, and Maraven, 4. Financial Soundness and Reputation: Our trade and banking references are included herewith for your review. A measure of the confidence level of our bankers in our management team is our unsecured credit line of $250 million. Should you have time for just one phone call to evaluate our reputation for performance, we suggest you call our lead bank: Mr. John Vaughan Tel. 617-434-4898 BANK OF BOSTON Telex 940518 Mailstop 01-03-10 100 Federal Street Boston, MA 02110 C i f it -J FRNST &YOUNG .200 Clarendon Street Agendapw 0, 266 2000~es Boston ax: G17266'5843" hldSSaCh U5e115 02116•$072 NO ~:7q ~ . . REPORT OF INDEPENDENT AUDITORS a Board of Directors and Shareholders Global Petroleum Corp. and Certain Affiliates We have audited the accompanying combined balance sheet of Global Petroleum Corp. and certain affiliates as of June 30, 1991 and 19901 and the related combined statements of income and retained earnings and cash flows for the years then ended. These financial statements are the responsibility of the Company's management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audits in accordance with generally accepted auditing standards. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounte and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial i statement presentation. We believe that our audit of the financial statements provides a reasonable basis for our opinion. In our opinion, the financial statements referred to above present fairly, in all material respects, the combined financial position of Global Petroleum Corp. and certain affiliates at June 30, 1991 and 1990, and the combined results of their operations and their cash flows for the years then ended in conformity with generally accepted accounting principles. r August 23, 1991 1 -1- 0 r r Aoanda No, COMBINED BALANCE SHEETS AgendaVicm_-~ GLOBAL PETROLEUM CORP. AND CERTAIN AFFILIATES y U 3 June 30 1991 19` 90 ASSETS CURRENT ASSETS Cash and cash equivalents $ 3,477,307 $ 71,596 Accounts receivable--Note J 759352,014 709073,443 Inventories--Note B 48,868,739 41,248,237 Deposits with brokers 3,645,438 59695,001 Prepaid expenses and other current assets 1,224,379 1.280.205 TOTAL CURRENT ASSETS 132,567,877 118,368,482 PROPERTY AND EQUIPMENT, less accumulated depreciation--;Totes C and G 3,331,796 4,448,576 INVESTMENTS IN AFFILIATES--Note D 41171,170 31449,482 OTHER ASSETS Customer lists--unamortized portion 2480246 504,254 Notes and advances receivable--Note E 2,088,746 1,7109377 Note receivable from affiliate--Note L 1,500,000 190009000 Other assets 589,167 600,962 4,426,159, 3,815.593 3144.497,002 ILUX;3 r f L C Agenda Mo. °2- - - pgenda COMBINED STATEMENTS OF INCOME AND RETAINED EARNINGS X J - 30.3 GLOBAL PETROLEUM CORP. AND CERTAIN AFFILIATES Year Ended June 30 1991 1990 $2,7799738,794 $1,8410729,578 Sales 2,7421485,108 1J805,515,335 Cost of sales 37,253,686 36,214,243 GROSS PROFIT e 2b ,091.798 28,806.387 General and administrative expenses OPERATING INCOME 11,161,888 754079856 Interest expense (30402,501) 20459,248) Equity in income (loss) of (307,769) 230400 J affiliates--Note D 512,928 606600 J Other income NET INCOME 964,546 5,578,608 ^,7,590,421 24,4439050 Retained earnings at beginning of year (21000,000) (29800,000) Dividends paid .763 Liquidation of Global Frontier Petrolerm „s - RETAINED EARNINGS AT END OF YEAR 33.554 .967 See notes to combined financial statements. e ~I 1 l J \ ~v -3_ a. I" 1 Agenda No.."~_~ Agenda Ilein CE'S~ L1 aj 10 June 30 1991 ?.990 LIABILITIES AND SHAREHOLDERS' EQUITY ° CURRENT LIABILITIES Notes payable--Note F $ 209000,000 $ 69000,000 Accounts payable 83,289,052 89,028,177 Accrued expenses and other current liabilities 15,6619185 141431,361 Current portion of long-term•debt--Note G 656,086 1,0377 316 TOTAL CURRENT LIABILITIES 119,606,323 110,4969854 LONU-TEAM DEBT, less current portion--Note G 752,662 11411,808 SHAREHOLDERS' EQUITY Common stocks 525,021 5259021 Paid-in capital 11,697 I1,697 Retained earnings 33,554,967 27.L590 421 34,0919685 289127,139 Less Treasury Stock--at cost (9,953.668) X9,9531668) 24,138,017 18,173,471 COMMENTS AND CONTINGENCIES--Note I $144 497. 02. 9130.082.133 See notes to combined financial statements. c. ii A0011d3 No. Agenda itcm_ ` Je, Standard contract Standard Contract City of Denton Utilities Interruptible Natural Gas Sales And Purchase Contract Agreement Date; April 21, 1992 9 Trinity Pipeline, Inc. (SELLER) a Texas Corporation agrees to deliver and sell gas to the City of Denton, Texas (Buyer) and BUYER agrees to purchase and receive said natural gas from SELLER pursuant to the terms and conditions hereinafter set forth. L DEFINITIONS: The term 'Agreement' shall mean this Interruptible Natural Gas Sales and Purchase Contract including Attachment A which Is incorporated herein. The term "month" shall mean a calendar month, The term "MMBtu" shall mean one million (1,000,000) British thermal units. 'T'ile term "Receiving Pipeline" shall mean the interstate, intrastate, or local distribution company Immediately downstream of the Point Of Delivery. The term "Buyers Notice" shall mean the letter agreement a form copy of which is attached hereto as Attachment A, which may be executed by BUYER and SELLER from time to time and which shall bind BUYER and SELLER to particular transactions for the purchase and sale of natural gas In accordance with the terms thereof and this Agreement. The term "Point Of Delivery" shall mean the location of the physical delivery to the Receiving Pipeline, 2. TERM; " The htldal term will be one year from the date hereof, and month to month thereafter, subject to the right of either party to terminate this Contract on 30 day's prior written notice to the other party. 3, PRICE AND PAYMENT OF COSTS AND TAXES PRIOR TO DELIVEsRYt On a monthly basis, the price to be paid by BUYER for gas dellvcred 1>y SELLER shall he specified on the "Buyers Notice" shown in Attachment A. Prices shall Include and SELLER shall be responsible for payment of all royalties, production taxes, property taxes, severance taxes, purchaser taxes, and all other taxes and liccuse fees which attach to the gas prior to delivery hereunder. Prices shall also Include and SELLER shall be responsible for payment of gathering and transportation charges to the Point Of Delivery, payments or other charges thereon applicable before. the title of gas passes to BUYER at the Point Of Delivery, BUYER shall pay transportation charges on the Receiving Pipeline, downstream of the Point of Delivery. PAGE 16 ti I` i Norica No, Apenda Item 4, QUANTITY ANTI POINTS OF DELIVERY: Oita 3336 Gas quandii as and points of delivery will be specified on a monthly basis on the "Buyers Notice", a shown in At, ichment A, signed by BUYER and by SELLER. Requests for bids, submission of bids, or preliminar/ correspondence will not act as a Buyer's Notice and shall not be the basis for gas deliveries under this contract. SELLER shall deliver gas quantities consistent with the quanllty, Point Of Delivery, Receiving Pipeline, and dates as specified in the "Buyers Notice" from the BL .'ER. 5. BLS'r LFFORTS PERFORMANCE: 5 SELLER will make a best effort to deliver, and BUYER hest effort to receive, the gas quantities as specified in the Buyer's Notice. Either party may at any time curtail or Interrupt service with no liability to either party, The curtailing party will make diligent efforts to notify the other party of the situation w€ihin 48 hours. 6, INCRP.ASES IN QUANTITY AND CIIANGTsS TO POINTS OF DFLIVLRY: BUYER may request increases to gas quantities or changes in points of delivery by speeifying these requests In a revised "Buyer's Noiiee" to the SELLER. If accepted by SELLER. SELLER shall make all arrangements needed to revise deliveries within 24 hours, If SELLER wishes to increase gas quantifies or change points of delivery, , he must notify BUYER, and receive a revised Buyer's Notice signed by BUYER to do so. 7. OVER-DELIVERIES If SELLER provides gas quantities for a month in excess of 4% above the quantities in the "Buyer's Notice" or at points of delivery not specified in the "Buyer's Notice", BUYER shall have the right to refuse the quantities of gas and shall be exempt from any payments on those gas quantities. SELLER shall be liable for any penalties or excess storage or transportation charges owed by the BUYER as a result of the SELLER's deliveries in excess of 45/v of the Buyer's Notice or at locations not specified In the "Buyer's Notice", 8. GAS AND PRICK UNITS: A All gas quantities and prices shah be in MMBtu adjusted to 14.650 psi, at a temperature of 60 degrees Fahrenheit, with both Mcf and Btu free of water vapor (Dry), Prices will be in U.S. dollars, 9, QUALITY AND PRESSURE: The gas delivered by SELLER shall meet the pressure requirements and quality specifications of the Receiving Pipeline, to. TITLE: SELLER warrants for Itself, its successors, heirs and assigns, title to all gas delivered and accepted by BUYER hereunder, SELLER warrants It has the right and lawful authority t(I sell the gas and that such gas is free from liens, encumbrances and claims of every kind. SELLER shall Indemnify and save BUYER harmless from all suits, claims. liens, damages, costs, losses, expenses and encumbrances of whaisuever nature arising out of claims of any or all persons to said gas or the title of said gas. SELLER shall be In control and possession of and responsible for any risk of loss, damage, claim, liability or Injun caused thereby until the gas has been delivered to the BUYER at the Point Of \ Dellvcry. Title and risk of loss shall pass at the Point Of Delivery from SELLER to BUYER. PAGE 19 y1 Agenda No. _ D Agenda Item J~ _ I1, DETERAIINING PAYMENI' VOLUMES: IttO ~~TAf On approximately the 15th day following the end of each month of gas deliveries, SELLER shall furnish BUYER a statement specifying: volume delivered, location, and Receiving Pipeline. If these volumes differ from BUYER's independent monitoring of deliveries or Receiving Pipeline's records, BUYER shall have the right to pay on the undisputed amount either (1) under protest, or (if) upon final agreement being made on the delivered volumes by BUYER, SELLER and Receiving Pipeline. BUYER and SELLER shall have the tight to later revise payment volumes as a result of additional or revised volumetric data from the Receiving Pipeline or other companies associated with the production, sale, storage, or transportation of the gas. + 12, PAYMENT Within 15 days of receipt of the statement, BUYER shall make payment to SELLER for the gas ,f quantities as determined in Paragraph 11. Payments statements should be directed to BU1 ER at: City of Denton Utilities Electric Production Division 1701-A Spencer Road Denton, TX 76205 Attn: Jim Thune, Manager. Electric Production 13, NOTIFICATIONt Communications regarding the performance of this contract shall be directed to: SELLER: Trinity Pipeline, luc, BUYER: City of Denton Utilities 17101 Preston Rd. Electric Production Division Suite 240, LA 122 170E-A Spencer Road Dallas, Texas 75248 Denton,'r-X 76205 Attn: Jeff L. Singleton Attn: Jim Thune, Manager, Electric Production 14. PERFORATING NOMINATIONS: BUYER will be solely responsible for nomination of gas volumes to the Receiving Pipeline, unless SELLER Is given specific written authorization from BUYER to perform these nominations. SELLER shall be responsible for all necessary nominations to transporters and all others related to the supply of natural gas prior to Point Of Delivery. 15. EXCEIANGE OF GAS QUANITIT INFORMATION: During the period of actual gas deliveries, SELLER and BUYER shall snake available to each other current estimates of gas flows at the Point(s) of delivery under this agreement for the purposes of nomination to others and the monitoring of actual gas quantities delivered. If Seller is unable to provide current estimates of gas activity w BUYER, SELLER will assist BUYER in obtaining said Information from pipeline !ransporters, processing plant operators, well operators, or upstream suppliers, , 16. GOVERNING STATE: Thfs agreement shall be construed pursuant to the laws of the State of Texas and venue for Its construction and enforcement shall Ile in the courts of Denton County, Texas. .,GE 20 X41 Agenda No. _awv y(,J Agenda IEem~~ 3s ~ 3~ SELLER: TRINITY PIPELINE, INC. BUYER: By: By: Norman Berthusen 9 Title: Vice President, Gas Supply Tjt1c: Date: April 21, 1992 Date: PACK ?.1 ti F F 1 I$ r d~ 21 Agenda No. Agenda Item_&S BUYERS NOTICE GAS SALES AND PURCHASE AGREEMENT DATED: l/ Date Of Buyers Notice: Buyers Notice Nunbert BUYERt a SELLER; Natural Gas purchase quantities for All voluabS and Prices are based on MMBtu adjusted to 14,650 Dry. Prices are In U.S. doi(ers. Total MMSTU Price Dates for Point of Receiving MMBtu/Day For Period ff/NNBtu) eilver Deliver Faeflity (14,650 D&) (14,650 D/D) (14.650 o/n) Accepted And Agreed; Accepted And Agreed: (SELLER) (BUYER) Its: Datedt Dated: C GASa~D PAGE 22 w Ei { t, Y t-!: 'CITY ~ 1 COUNCIL 111+ t ~ - i+ r : i_ t,- . - r a - - i OF b F k 0 c• 2 O~ a .T JT~t 1~ } 0 I= CM Z7 14 1+ 4 4 II{ tf I+I r { -',ll 1 yt pi i t C tMPdOCS\trt st or Agenda 110m. f ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING AN INTERRUPTIBLE NATURAL GAS SALES AND PURCHASE AGREEMENT BETWEEN THE CITY OF DENTON AND TRISTAR GAS COMPANY FOR THE PURCHASE OF SOT MARKET F NATURAL GAS; EFFECTIVE THE EXPENDITURE OF FUNDS; PROVIDING AND s WHEREAS, the City has a need for interruptible natural gas purchases to provide fuel for the Spencer Electrical Generating Station; and WHEREAS, the city could realize price savings by purchasing gas on the spot market; and WHEREAS, the city has solicited bids for on eaccordance contracwithts with spot market suppliers of natural gas, THEREFORE, Chapter 252 of the Local Government Code, NOW, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTy I.- That it authorizes the Mayor to execute the attached Interruptible Naturl sforSales the purchase of spotrmarket with Tristan Gas Company p p natural gas. SECTION •11. That it authorizes the expenditure of funds in accordance with the terms of the Agreement, SECTION III. That this ordinance shall become effective imme- diately upon its passage and approval. , PASSED AND APPROVED this the day of 1992. - - BOB CASTLE13ERRYo OR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ~t Amnda No, ~4 /5 N ANenda Do to APPROVED AS TO LEGAL FORMS DEBRA A. DRAYOVITCH, CITY ATTORNEY BY., 4 F PAGE 2 Cai .v 4 kudaNo._~2° D/SNV~ Agenda Item_s_.__~✓ _ alto a 3 i APPROVED AS TO LEGAL FORM! DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: n(o J~ ~ w a PACE 2 'r Apendatio..__ Agenda Rent 2 u31c ,3~y, a 3 Standard Contract Standard Contract City of Denton Utilities interruptible Natural Gas Sales And Purchase Contract Agreement Date: June 1, 1992 Tristar Gas Coma- (SELLER)a Texas General 15¢c s Partnership agrees to deliver and sell gas to the City of Denton, Texas (Buyer) and BUYER agrees to purchase and receive said natural gas from SELLER pursuant to the terms and conditions hereinafter set forth. 1. DEFINITIONS: The term "Agreement" shall mean this Interruptible Natural Gas Sales and Purchase Contract including Attachment A which is Incorporated herein. The term "month" shall mean a calendar month. The term "MNIBtu" shall mean one million (1,000,000) british thermal units. The term "Receiving Pipeline" shall mean the Interstate, intrastate, or local distribution company immediately downstream of the Point Of Delivery. The term "Buyers Notice" shall mean the letter agreement a form copy of which is attached hereto as Attachment A, which may be executed by BUYER and SELLER from time to time and which shall bind BUYER and SELLER to particular transactions for the purchase and sale of natural gas In accordance with the terms thereof and this Agreement, The term "Point Of Delivery" shall mean the location of the physical delivery to the Receiving Pipeline. 2. TERM: The initial term will be one year from the date hereof, and month to month thereafter, subject to the right of either party to terminate this Contract on 30 day's prior written notlse to the other party. 3, PRICE AND PAYMENT OF COSTS AND TAXES PRIOR TO DELIVERY- On a monthly basis, the price to be paid by BUYER for gas delivered by SELLER shall he specified on the "Buyers Notice" shown In Attachment A. Prices shall Include and SELLER shall be responsible for payment of all royalties, production taxes, property taxes, severance taxes, purchaser taxes, anki all other tares and license fees which attach to the gas prior to delivery hereunder. Prices shall also include and SELLER shall be responsible for payment of gathering and transportation charges to the Point Of Delivery, payments or other charges thereon applicable before the title of gas passes to BUYER at the Point Of Delivery, BUYER shall pay transportation charges on the Receiving Pipeline, downstream of the Point Of Delivery. el Allenda Wto 4. QUAN'r]TY,IND POINTS OF DELIVERY: Gas quantities and points of delivery will be specified on a monthly basis on the "Buyers Notice", as shown in Attachment A, signed by BUYER and by SELLER, Requests for bids, submission of bids, or preliminary correspondence will not act as a Buyer's Notice and shall not be the basis for gas deliveries under this contract. SELLER shall deliver gas quantities consistent with the quantity, Point Of Delivery, Receiving Pipeline, and dates as specified in the "Buyers Notice" from the BUYER. 5. BEST EFFORTS PERFORMANCE: SELLER will make a best effort to deliver, and BUYER hest effort to receive, the gas quantities as specified in the Buyer's Notice, Either party may at any time curtail or interrupt service with no liability to either parry. Tho curtailing parry will make diligent efforts to notify the other party of the situation within 48 hours. 6. INCREASES IN QUANTITY AND CHANGES TO POINTS OF DELIVERY: BUYER may request increases to gas quantities or changes In points of delivery by specifying these requests in a revised "Buyer's Notice" to the SELLER, If accepted by SELLER, SELLER shall make all arrangements needed to revise deliveries within 24 hours. If SELLER wishes to increase gas quantities or change points of delivery, he must notify BUYER, and receive a revised Buycr's Notice signed by BUYER to do so, 7. OVER•DELMRIES If SELLER provides gas quantities for a month in excess of 4% above the quantities in the "Buyer's Notice" or at points of delivery not specified in the "Buyer's Notice", BUYER shall have the right to refuse the quantities of gas and shall be exempt from any payments on th,, m gas quantities. SELLER shall be liable for any penalties or excess storage or transportarlon charge.: owed by the BUYER as a result of the SELLER's deliveries in excess of 4% of the Buyer's Notice or et locations not specified in the "Buyer's Notice". 8. GAS AND PRICE UNITS: All gas quantities and prices shall be in MMBtu adjusted to 14.650 psi, at a temperature of fill degrees Fahrenheit, with both Mcf and Btu free of water vapor (Dry). Prices will be in U.S, dollars. 9. QUALITY AND PRESSURE: The gas delivered by SELLER shall meet the pressure requirements and quality specifications of the Receiving Pipeline. ]D. TITLE: SELLER warrants for itself, its successors, heirs and assigns, title to all gas delivered and accepted by BUYER hereunder. SELLER warrants it has the right and [awful authority tq sell the gas and that such gas is free from liens encumbrances and claims of every kind. SELLER shall Indemnify and save BUYER harmless from all suits, claims, liens, damages, costs, losses, expenses and encumbrances of whatsoever nature arising out of claims of any or all persons to said gas or the title of said gas. SELLER shall be in control and possession of and responsible for any risk of loss, damage, claim, liability or injury caused thereby until the gas has been delivered to the BUYER at the Point Of Delivery. Titie and risk of loss shall pass at the Point Of Delivery from SELLER to BUYER. 2 < 4 r. I' h1 „ Agpnda No, ' At enda iir:m__ S 11, DETERMINING PAYMENT VOLUMES- 5~ a 3 On approximately the 15th day following the end of each month of gas deliveries, SELLER shall furnish BUYER a statement specifying: volume delivered, location, and Receiving Pipeline, If these volumes differ from BUYER's Independent monitoring of deliveries or Receiving Pipeline's records, BUYER shall have the right to pay on the undisputed amount either (1) under protest, or (ff) upon final agreement being made on the delivered volumes by BUYER, SELLER and Receiving Pipeline. BUYER and SELLER shall have the right to later revise payment volumes as a result of additional or revised volumetric data from the Receiving Pipeline or other companies associated with the production, sale, storage, or transportation of the gas, 12, PAYMENT Within 15 days of receipt of the statement, BUYER shall make payment to SELLER for the gas quantities as determined in Paragraph 11. Payments statements should be directed to BUYER at: City of Denton Utilities Flectric Production Division 1701•A Spencer Road Denton, 1'X 76205 Attn: Jim Thune, Manager, Electric Production 13, NOTIFICATION- Communications regarding the performance of this contract shall be directcio: SELLER: Tristar Gas Company BUYER: City of Denton Utilities Suite 1177 Electric Production Division 8150 N. Central Expwy. 1701•A Spencer Road Dallas, Texas 75206 Denton, TX 76205 Attn- Betty Estes Attn: Jim Thune, Manager of Gas Supply Manager, Electric Production 14, PERFORMING NOMINATIONS: BUYER will be solely responsible for nomination of gas volumes to the Receiving Pipeline, unless SELLER Is given specific written authorization from BUYER to perform these nominations, SELLER shall be responsible for all necessary nominations to transporters and all others t ated to the supply of natural .gas prior to Point Of Delivery, 15. EXCIIANGE OF GAS QUANTITY INFORMATION: During the period of actual gas deliveries, SELLER and BUYER shall snake available to each wher current estimates of gas flows at the Paint(s) of delivery under this agreement for the purpose., f nomination to others and the monitoring of actual gas quantities delivered, If Seller Is unable to provide current estimates of gas activity to BUYER, SELLER will assist BUYER In obtaining said Information from pipeline transporters, processing plant operators, well operators, or upstream suppliers, 16, GOVERNING; STATE- This agreement shall be construed pursuant to the laws of the State of Texas and venue for Its / constructicn and enforcement shall lie in the courts of Denton County, Texas, \ 3 r + f Y Ap a /x onda No. _ Agenda Ilom-/ - - SELLER: BUYER: C By' 4 '4~ - By: Ro ston ghtfoot Title: Vice President Title: " Date; April 16, 1992 Date: C 4 ~ x r i; ) AgWa No. S 7 Wto BUYERS NOTICE GAS SALES AND PURCHASE AGREEMENT DATED: June 1, 1992 r Date Of Buyers Notice: _ r Buyers Notice Number: BUYER: City of Denton Utilities SELLER: Tristar Gas Company Natural Gas purchase quantities for All volumes and prices are based on NNBtu adjusted to 14.650 Dry. Prices are In U.S. dollars. Total NNBTU Price Dates For Point of Receiving NNBtu/DeY For Period (S/NNBtu) Delivery Delivery Facilit ,(14.650 D/D) (14.650 D/D) (14,650 0/0) Accepted And Agreed: Accepted And Agreed: (SELLER) (BUYER) Tristar Gas Company City of Denton Utilities its: Dated; Dated: OASSIO Agenda No, Agenda Ilem._/~ Wle 8150 N. Central Expressway star 5e 1177 Tri Dallas, Texas 752020(x1805 214.739.5001 Gas Company Fax: 214.739.1985 April 20, 1992 Purchasing Department a City of Denton 901B Texas Street Denton, Texas 76201 BID NUMBERI 1355 BID TITLE: NATURAL GAS Tristar Gas Company proposes to supply the City of Denton with natural gas delivered into Lone Star Gas Company's pipeline system, Tristar's years of experience will provide a reliable and economical supply of natural gas to the City of Denton. The following brief corporate resume will help familiarize you with Tristar Gas Companyt Tristar was established in Texas in 1985 for the purpose of marketing, gathering, processing, and treating natural gas. We have a highly experienced staff with the ability to perform all facets of the natural gas business. Our success is a result of our experienced personnel and an outstanding industry reputation for performance. Tristar is currently moving in excess of 40,000 MBtu per day of natural gas on Lone Star to industrial end users. In addition, Tristar owns a storage facility on Lone Star with deliverability of 30,000 MMBtu per day. Tristar also gathers and treats approximately 30,000 MMBtu per day through its facilities. Per the requirements, the following documents are enclosed in submission of this bide (1) Three (3) copies of the Natural Gas Bid Solicitation Form (2) Two (2) copies of the executed Standard Contract (3) A Tristar promotional brochure. If you have any questions, please do not hesitate to contact us, Tristar welcomes the opportunity to be of service to you. tcerely, E. A. Estes Manager of Gas Supply r. Enclosure r, ' a AOonda No. X02 !'/S Agenda (tams ~"r,E Wig Natural Gas Bid Solicitation roan Page 1 of 4 Firm Name: Tristar Gas Company Address: Suite 1177 w 8150 N. Central Exp, Dallas, Texas 75206 Contact Person: Betty Estes Title of Contact Person: Manager of Gas Supply Telephone Number of Contact Person: 214-739-5001 FAX Number of Contact Person: 214-739-1985 Wil1 The Bidder Accept The City's Standard Contract YES AQ Is Material Attached Which Documents The Firms Viability and stability As A Natural Gas Suppler YES NO Year The Bidder Began Selling Natural Gas 1991 1990 1989 or prior 1985 On The Spot Market Total Gas Sales Nationwide in 1991 21,0001000 MMBtu Estimated Total Sale In Texas, 1991 17,000,000 MMBtu Does The Bidder or Its Affiliate Own YES * NO Reserves In Texas Does The Bidder Have Firm Purchase Contraots YES i6a In Place To Deliver`, Gas To Lone star system Does The Bidder Hold Transportation on YES ttot Lone Star System * Tristar owns a storage facility on Lone Star's system. r• PAGE 13 w r. i 1 J.414~11}p! t Agenda No, Agenda lion} W10 Page 2 of q Natural Gas Bid Solicitation Form Texas Customer Reference #1 Firm Name: Texas A&M University Firm Address: 803 Rudder Tower College Station, Texas 77843 + Contact Person: Mr. Gaylord Hughey Telephone: 903-597-8311 Texas Customer Reference 42 Firm Name: City of Carland Firm Address: P. 0. Box,469002 Garland, Texas 75046-4002 Contact Person: Mr. Paul Breitzman Telephone: 214-205-3011 Index Price Bid The Bidder agrees to sell gas as nominated by the City of Denton on a best efforts basis at the following price. However, the city of Denton is not obligated to purchase gas based on index price, and may from month to month solicit price bids from the Qualified Suppliers in place of the index price. Gas Daily Index plus + three cents Lone star system Intrastate Index (first business day publication for the month in question) PAGE 14 Y. f~ I P~~onda No. AprndaItem, Date Natural Gas Hid Solicitation Form Page 3 of 4 Proposed Delivery Points List the proposed delivery points into Lone Star System. The delivery points will be from the Tristar Master Receipt Point List v which is pre-approved by Lone Star Gas Company. The points provide over 100,000 MMtu per day of deliverability into Lone Star's pipeline system. - r. If ~ -If Tristar is a successful bidder, this list will be provided to the City of - Denton to be submitted to Lone Star to add to its transportation agreement. - - - - - - - - - - r - - - - - - - - - - - - - - - - - - - - - - - - r - - - - - - - - - V -----w----r------------------ rr-r--- ry------ r l r r - r w w PAGE 15 t „y ~i 'i A~ar;da Vern. %~S '~5l~ - Natural Gas Bid Solicitation Page 4 of 4 The Bidder hereby acknowledges receipt of all Addenda issued by the City of Denton, if any, subsequent to the issuance of the Invita- tion for Bids. In submitting this bid Bidder certifies that: a. The undersigned is authorized to bind the Bidder. b. The amount(s) bid herein do not exceed the maximum ° price (s) established by Presidential executive order(s), or other federal statues or regulations and complies (comply) therewith in full. c. The price(s) quoted in this bid have been arrived at independently by the Bidder. The Bidder has engaged in no consultation, communication or agreement with any competitor regarding said prices, or any matter relating to such prices, the purpose of which is to restrict competition. C1. The Bidder agrees that by submitting this bid, it has made a firm and irrevocable offer, for the period of review specified in the Bid Documents, to sell and deliver gas according to the terms and conditions specified in the Bid Documents and in this bid. e. The Bidder agrees, if this bid is accepted on or before 2:00 p.m. CST on April 21, 1992 to fully comply in strict accordance with the Bid Documents to supply natural gas for the amounts bid which is (are) accepted, and to execute and perform in accordance with the Standard Contract. 11 Company, Partnership, or Sole Proprietorship Bidding; 'rristar ~,Qa5 Comoanti, a Texas General Partnership State of incorporation, if applicable: S1 nat e Royston Lightfoot Vice Presiclent Signer's-Name and Title (Corporate Seal (Please print or type) if corporation) 214-739-5001 Date Phone Number c. PAGE 1G 5 9 P 4 LLy i F. AgonBa No, Ayonda Itorn__ I; S5 IY~IU_c~" yt/ AWARD ~i (This Section for The City of Denton use ONLY) Date of Award: 4 Contract Number: Dollar Value: The above bid is accepted, the qualifying Bidder to participate in the City's Spot Gas program in accordance with the terms and, conditions of the Spot Gas Contract. Bidder will be separately notified whether its bid for sale of the Initial Purchase gas is accepted by the City. J ti ~r ...111 Agenda No. AgenUa Item_& Natural Gas Bid Solicitation Form Page 4 of 4 The Bidder hereby acknowledges receipt of all Addenda issued by the City of Denton, if any, subsequent to the issuance of the Invita- tion for Bids. In submitting this bid Bidder certifies that: a. The undersigned is authorized to bind the Bidder. b. The amount(s) bid herein do not exceed the maximum price (s) established by Presidential executive order(s), or other federal statues or regulations and complies (comply) therewith in full. ° C. The price(s) quoted in this bid have been arrived at independently by the Bidder. The Bidder has engaged in no consultation, communication or agreement with any competitor regarding said prices, or any matter relating to such prices, the purpose of which is to restrict competition. d. The Bidder agrees that by submitting this bid, it has made a firm and irrevocable offer, for the period of review specified in the Bid Documents, to sell and deliver gas according to the terms and conditions specified in the Bid Documents and in this bid. e. The Bidder agrees, if this bid is accepted on or before 2:00 p.m. CST on April 21, 1992 to fully comply in strict accordance with the Bid Documents to supply natural gas for the amounts bid which is (are) accepted, and to execute and perform in accordance with the Standard Contract. 11 Company, Partnership, or, Sole Proprietorship Bidding: Tristar Gas Companv, a 'texas General Partnership State of incorporation, if applicable: Sic3 a t u Royston Lightfoot Vice President Signer's Name and Title (Please print or type) (Corporate Seal if corporation) Anril 16, 1992 214-739-5001 _ Date Phone Number PAGE 16 i Y. 's Agenda ItamiL 5--'_ _ AWARD (This Section for The City of Denton use ONLY) Date of Award: 4 contract Number: Dollar Value: The above bid is accepted, the qualifying Bidder to participate in the city's Spot Gas program in accordance with the terms and conditions of the Spot Gas Contract. Bidder will be separately notified whether its bid for sale of the Initial Purchase gas is accepted by the City, t ti r. 'i Agenda llom ~S Page 1 of 9 Natural Gas Bid Solicitation Form Firm Name: Tristar Gas Company Address: Suite 1177 8150 N. Central Exp. ° Dallas, Texas 75206 Contact Person: Betty Estes r, Title of Contact Person: Manager of Gas Supply Telephone Number of Contact Person: 214-739-5001 FAX Number of Contact Person: 214-739-1985 Will The Bidder Accept The City's Standard Contract YES :31Q Is Material Attached Which Documents The Firms Viability and Stability As A Natural Gas Suppler YES Nffi Year The Bidder Began Selling Natural Gas 1991 1990 1989 or prior 1985 On The Spot Market Total Gas Sales Nationwide in 1991 21,000,000 MMBtu , Estimatad Total. Sale In Texas, 1991 17,000,000 MbtBtu Does The Bidder Or Its Affiliate Own YES 1110 Reserves In Texas Does The Bidder Have Firm Pi,rcharte Contracts YES :R&. In Place To Deliver Gas Tc -,,one star system Does The Bidder Hold Tra. ter, On YES WOO Lone Star System * Tristar owns a storage facility Star's system, PAGE 13 tr1 r I+ i Aoonda No. y A~jondallam_'1(?S 0 A.1 Natural Gas Bid Solicitation Form Page 2 of q Texas Customer Reference #l Firm Name: Texas A&M University ° Firm Address: 803 Rudder Tower College Station, Texas 77843 Contact Person,-. Mr. Gaylord Hughey Telephone: 903-597-8311 Texas Customer Reference #2 Firm Name: City of Garland F,, rm hddress: P. 0. Box,469002 Garland, Texas 75046-9002 Contact Person: Mr. Paul Breitzman Telephone: 214-205-3011 Index Price sic] The Bidder agrees to sell gas as nominated by the City of Denton on a a best efforts basis at the following price. However, the City of Denton is not obligated to purchase gas based on index price, and may from month to month solicit price bids from the Qualified Suppliers in place of the index price. Gas Daily Index t/- plus three (3> cents Lone Star System Intrastate Index (fir--t business day publication for the month in question) C PAGE 14 r f*.~ _.'tyyt 7 !~z F Agooda No. AUnda Item. ~,S y Natural Gas Bid Solicitation Form Page 3 of 4 Proposed Delivery Points List the proposed delivery points into Lane Star System. The delivery puints will be from the Tristar Master Receipt Point List which is re-a rov b ° - p~-- pp ed by Lone Star Gas Company. The points provide over 100,000 I`>TIBtu per day of deliv:rability into Lone Stars pipeline system. If Tristar is a suceessful bidder, this list will be provided to the City of „a ..---.1-------------------------------- --------------.....rr r.. Denton to be submitted to Lone Star to add to its transportation agreement. ----------~rY-r- -r.. .Y------`.-..~--r--.. -y----~- - --w - - - -----,-------y------ 1`----, 4,.1----------Y--.r-----. w Y 1-,I,--rr.------- - - - - PAGE 15 r, I ~i I r Apanua Item~~S a3le i y~a3 F Standard 1 Contract Standarr contract City of Denton Utilities Interruptible Natural Gas Sales And Purchase Contract Agreement Date, June 1, 1992 Tristar Gas Company (SELLER) a _ Texas General__ Zu parasimm Partnership agrees to deliver and sell gas to the City of Denton, Texas (Buyer) and BUYER agrees to purchase and receive said natural gas from SELLER pursuant to the terms and conditions hereinafter set forth. I, DEFINITIONS: The term "Agreement" shall mean this Interruptible Natural Gas Sales and P irchase Contract including Attachment A which is incorporated herein. The term "month" shall mean a calendar month. The term "MNIBtu" shall mean one million (1,000,000) british thermal units. The term "Receiving Pipeline" shall mean the interstate, intrastate, or local distribution company immediately downstream of the Point Of Delivery. The term "Buyers Notice" shall mean the letter agreement a form copy of which is attached hereto as Attachment A, which may be executed by BUYER and SELLER from time to time and which shall bind BUYER and SELLER to particular transactions for the purchase and sale of natural gas fit a cordance with the terms thereof and this Agreement. The term "Point Of Delivery" shall mean the location of the physical delivery to the Receiving Pipeline, 2. TERi1It The initial term will be one year from the date hereof, and month to month the. after, subject to the right of either party to terminate this Contract on 30 day's prior written notice to the other party. 3. PRICE AND I'Ani IENT OF COSTS AND TAXES PRIOR TO DELIVERY: On a monthly basis, the price to be paid by BUYER for gas delivered by SELLER shall he specified on the "Buyers Notice" shown in Attachment A. Prices shall Include and SELLER shall be responsible for payment of all royalties, production taxes, property taxes, severance taxes, purchaser taxes, and all other taxes and license fees which attach to the gas prior to delivery hereunder. Prices shall also include and SELLER shall be responsible for payment of gathering and transportation charges to the Point t.5f Delivery, payments or other charges thereon applicable before the title of gas passes to BUYER at the Point Of Delivery. BUYER shall pay transportation charges on the Receiving Pipeline, downstream of the Point Of Delivery. r s AoandaNo.._. ya - vas - Apendn /2_~'s ~ 4, QUANTITY AND POINTS OF DELIVERY, Gas quantities and polntr, of delivery will be specified on a monthly basis on the "Buyers Notice", as shown in Attachment A, signed by BUYER and by SELLER. Requests for bids, submission of bids, or preliminary correspondence will not act as a Buyer's Notice and shall not be the basis for gas deliveries under this contract. SELLER shall deliver gas quantities consfstent with the quantity, Point Of Delivery, Receiving Pipeline, and dates as specified in the "Buyers Notice" from the BUYER. 5. BEST EFFORTS PERFORMANCE: a SELLER wilt make a best effort to deliver, and BUYER best effort to receive, the gas quantities as specified In the Buyer's Notice, Either parry may at any time curtail or interrupt service with no liability to either parry. The curtailing party will make diligent efforts to notify the other party of the situation within 48 hours. #r 6, INCREASES IN QUANTITY AND CHANGES TO POINTS OF DELIVERY: BUYER may request increases to gas quantities or changes in points of delivery by specifying these requests in a revised "Buyer's Notice" to the SELLER. If accepted by ^FT,LER, SELLER shall make all arrangements needed to revise deliveries within 24 hours. If SELLER wishes to increase gas quantities or change points of delivery, he must notify BUYER, and receive a revised Isliyer's Notice signed by BUYER to do so. 7. OVER-DELIVERIES If SELLER provides gas quantities for a month in excess of 4% above the quantities in the "Buyer's Notice" or at points of delivery not specified In the "Buyer's Notice", BUYER shall have the right to refuse the quantities of gas and shall be exempt from any payments on those gas quantities. SELLER shall be liable for any penalties or excess storage or transportation charges owed by the BUYER as a result of the SELLER'S deliveries in excess of 4% of the Buyer's Notice or at locations not specified In the "Buyer's Notice 8, GAS AND PRICE UNITS; All gas quantities and prices shall be in NilolBtu adjusted to 14.650 psi, at a temperature of 60 degrees Fahrenheit, with both Mcf and Btu free of water vapor (Dry). Prices will be in U.S. dollars. 4, QUALITY AND PRESSURE: The gas delivered by SELLER shall meet the pressure, requirements and quality specifications of the Receiving Pipeline. 10. TITLEt SELLER warrants for itself, its successors, heirs and assigns, title to all gas delivered and accepted by BUYER hereunder. SELLER warrants it has the right and lawful authority tq sell the gas and that such gas Is free from liens, encumbrances and claims of every kind. SELLER shall indemnify and save BUYER harmless from all suits, claims, liens, damages, costs, losses, expenses and encumbrances of whatsoever nature arising out of claims of any or all persons to said gas or the title of said gas, SELLER shall be In control and possession of and responsible for any risk of loss, damage, claim, , liability or injury caused thereby until the gas has been delivered to the BUYER at the Point Of Delivery. Title and risk of loss shall pass at the Point Of Delivery from SELLER to BUYER. 1 Y. l ll /1000(la No..~ AgOrda Hem iG S ;je U. DETERMINING PAYMENT VOLUMES: mil a.~ On approximately the 151h day following the end of each month of gas deliveries, SELLER shall furnish BUYER a statement specifying: volume delivered, location, and Receiving Pipeline, If these volumes differ from BUYER's Independent monitoring of delfverles or Receiving Pipeline's records, BUYER shall have the right to pay on the undisputed amount either (1) under protest, or (11) upon final agreement befog made on the delivered volumes by BUYER, SELLER and Receiving Pipeline. BUYER and SELLER shall have the right to later revlse payment volumes as a result of additional or revised volumetric data from the Receiving Pipeline or other companies associated with the production, sale, storage, or transportation of the gas, 12. PAYMENT r Within 15 days of receipt of the statement, BUYER shall make payment to SELLER for the gas quantities as determined in Paragraph 11. Payments statements should be directed to BUYER at, City o;'Denton Utilities Electric Production Division 1701-A Spencer Road Denton, TX 76205 Attn: Jim Thune, Manager, Electric Production 0. NOTIFICATIOM Communications regarding the performance of this contract shall be directed to: SELLER: Tristar Gas Company BUYER: City of Denton Utilities Suite 1177 Electric Production Division 8150 N. Central Expwy. 1701-A Spencer Road Dallas, Texas 75206 Demon, 7X 76205 Attn: Betty Estes Attn: Jim Thunc, Manager of Gas Supply M„-ingcr, Electrlc Production 14, PERFORMING NOMINATIONS: A BUYER will be solely responsible for nomination of gas volumes to the Receiving Pipeline, unless SELLER is given specific written authorization from BUYER to perform these nominations. SELLER shall be responsible for all necessary nominations to transporters and all others related to the supply of natursl gas prior to Point Of Delivery, 15. EXCIIANGE Of' GAS QUANTITY INFORMATION: During the period of actual gas deliveries, SELLER and BUYER shall make available to each other current estimates of gas flows at the Point(s) of delivery under this agreement for the purposes of nomination to others and the monitoring of actual gas quantities delivered. If Seller is unable to provide current estimates of gas activity to BUYER, SELLER will assist BUYER in obtaining said information from pipeline transporters, processing plant operators, well operators, or upstream suppliers. 16, GOVERNING STATE; This agreement shall be construed pursuant to the laws of the State of Texas and venue for IL, construction ard enforcement shall lie in the courts of Denton County, Texas. 3 ti F yl i r F? Fi ti AQOlldB N0. ~ ° Aponda ltom. Iwo SELLER: BUYER; By; By: Roy ton L htfoot Title: Vice President Title: Dale: April 16, 1992 Date: 4 v. jt u d' • Agenda ND. D/~ Agend,ikm_, WJMS MOTILI (k~10 . _ 4 y US SALES AND PURCKM AGREE)ENT ~0? 3 DATED: June 1, 1992 Date Of Buyers Notice: Buyers Notice Number: BUYERt City of Denton Utilities SELLERt Tristar Gas Company 4 Natural Gas purchase quentittes for Al! vo4sms and prices are based on MMBtu adjusted to 14.650 Ory• Prices are in U.S. dollars. Total MMBTU Price Oates For Point of Receiving MMatu/Day For Period (S/MMBtu) Dellverv liver Facitfty 14.650 0/0) (14.650 OLD (14.650 D/0) Accepted And Agreed: Accepted And Agreed: (SELLER) (BUYER) Tristar Gas Company City of Denton Utilities Its: Dated: Dated: WW D t, i; u T#~ 1 CITY , ytCOUNCIL l 1 4T, . - IT # f !t#~ 1 E IIh#~aootioaaUOO~~w; t ,'!!ti`s ° •r. v{ - ~i } it, #trt1343E ft# .l r Ski ~.}r I t it`la, ~f>:t11`1`i1`I`I`+F+F rE}t, t# G~1~f~~, ~Yi`til;l♦1 ~J~ILtlll},~1.-1,1, . 'E a A{lentla No. i DATE: 05/05/92 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: STREET NAME CHANGE - TERLINGUA TO NICOSIA RECOMMENDATION: HLC unanimously recommended approval on March 9, 1992. P&Z recommended approval unanimously on March 25, 1992. SUMMARY: Traditionally, the Historic Landmark commission has acted in an advisory capacity to the Planning and Zoning commission, who would in turn make a recommendation to Council, when considering changing the name of streets. Councilman Harold Perry has requested Terlingua be changed to Nicosia. No street has been built here, but right of way has been dedicated. Council has asked that the traditional street name change process be followed. Dr. Perry has supplied in Attachment 2 the justification for the name change. BACKGROUND: Staff made notice of the HLC public hearing to the two abutting property owners as a means to determine what issues they may wish be known concerning the name change. No response has been received from one property owner, the other reply is attached. PROGRAAMS_,-DEPARTMENTS OR GROUPS AFFECTED: N/A FISCAL IMPACT: c ti y henna Plo. __..~a "(J/~^_ (Arlo City Council Report Format Street Name Change Terlingua to Nicosia Q 05/05/92 Respectf ly submitted: ,l d V. Harrell City Manager Approved: rank H. Robbi , AICP Executive Dira for Planning and Development Attachments: 1. Location Map 2. Justification 3. Response 4. }3LC Minutes 5. P&G Minutes AXXOOOCF 0 t ii ~l r ATTACHMI NT 1 S r Agontl~711em Proposed Nicosia Street NORTH ~OF 2r?R~~- _ i 1 iI ~ ?f a NSITE - rLUM i L;I-_ Z ~ :ocaw i~ AV. W z~ u l _v.-r h BELL T4?1I \ o IL?dO~S~ TiT ~ LS AaoEUVE'I!I AD ~O E7, -a5t \ ( JJJ ~ ~ c~ I P "P 1 \X FALL MFARG`~Iw I~HEkJI N ~,Q HlN. v ~ JJ 1 J `f I ~ I _ ~ J 1 c I II i J _ _ _ n r r le I DATE: 2/14/92 SCALE: NONE a Q / f.~ I I~•~~ IJ \I AI , IU ~ ~ IU Z ~ Sr m TERL 0 NGUA _ i y - . Il(HiNfl_ RINI.Y ROAD ~ - r n.j ~u 4RtjIICNYIC. M_ .111. eP ~ F~LnLANOk a I I r o I o IOY( I_N :v - - .c l I li w c a <yr / -nrmc>tc 11 l iVLrtSJ~fN(9MgY [(L'tI11:11 UF1 IN, i LrI t~ 1L rNOR LN.~v 1 1 1 M 111,4 t 1 lrn~ ~l r\~ j ! ( - { P , M. :'II •I 0 I = 1 r J 51 Agenda hIo. • -~°?---vl 3 ATTACHMENT 2 Agenda ItomllJ~.. r,Dj Unto CITY of DENrON, TEXAS AIUNlCWAL BUILDING DENTON, TEXAS 7620 TELEPHONE (8171 566.820: MEMORANDUM c DATE: January 28, 1992 TO: Rick Svehla, Deputy City Manager FROM: Harold Perry, Council Member SUBJECT: Renaming A Street I have attached a description of the man, Al Nicosia, after whom I am proposing to rename a street. The street is Terlingua which sounds like a randomly chosen name. It is a short street connecting to our project on Highway 77 and running from there to the KC Hall where it dead ends. It has no houses located on it at present but that may change when we improve it and Highway 77, The name Nicosia would be honoring a man who made an outstanding contribution to his profession, this community, his institution which was T.W.U. and his church. A more complete description of his achievements and his contributions are attached. Harold Perry Council Member Attachment 5 n NFMCIa No. Agenda Item_ rt~ S_' °Ho,d tan ' 12e;nem per ,11 11110 _ 4_-__9~ _ lcosia" is the headline of an article, in the Dailey-Lasso shortl7 ratter the death of Dr. ivi.cosia in 1999. 1 e reme:n'ser L-ilat he carne to Dentor;Aaloso ndnTexas r k,'oman's university in 1970, Is Co-Ordi.nator of Audio-V1SUal E<iucatiort in the School o£ Library Science, while conpieting his 6octerate at the University of Oklahoma. Dr. Nicosia had excelled in athletics at Northwestern State Univer.sitiy of Louisiana, eventually to be inducted into the University's Shorts hall of. Fane. His home r.ui record stood for 20 years. He was particularly proud of his high school team in s LOUislana which in 1960, L:1111e }le was coach won state the track title. Plow in Denton, in order to keep in touckl wihtathletics, Al turner; to officiating, lie joined the Southwestern Officials Assoc- iation, and, was assigned top Di.vis.ion placements in Southwest Football, Basketball, and Baseball Associations, Al was the spearhead in forming the Denton chapter of the Southwest Baseball Umpires Association in 1973. And he worked base- ball from th.- Denton chapter until he transferred to the Fort WorLh chapter in 1984, where he worked until his death. He, meanwhile, retired from both football and basketball in 1987, after some 15 years of officiating at the high school, junior college and college levels. When Denton Covnci_l 4771 of the Knights of Columbus decided to build a more spacious Hall, Al was heavily involved from planning to hammering. Quoting from the Denton Knightline memorial issue; "His contribution, no doubt, was his unique ability to unite all our forces to build the KC Hall." Al managed to have time to be with the now Denton Community 't'heater when it was the Firehouse Theater, and did his share of backstage work and stage appearences, while throwing in lots of his favorite hobby, photography. Bert Lyle, TWU Olympic Coach, spoke of Al's encouragement of women sports when TWU was initiating its athletic programs. He helped the softball players by volunteer umpiring during practices, and was "umpire-in-chief:" for TWU home games. Those who remember Al Nicosia recognized his immenses popular- ity, having been recipients often of his willingness to share un- stintingly of his time and his multi-talents. It was not only the the students and faculty of TWU Library Science, but students and faculty of Health, Physical F,ducation, Dance, and Education who were his claque. A Dance instructor was heard to comment. "He was jovial and nourishing'" We remember that Dr.. Alfonso Nicosia was always professional in whatever he did, whether teaching, officiating, or coaching. In a comparatively brief time in Texas he filled his life to the brim with loyal and worthy service to his In3.ititution, his Church, and Community. y Y. r 7 t , ,:•13 t ~ATTACHMEN`T ' 3 1 ExAS Agonda No, ._.l D / 5 INSTRUMENTS Apendaltem-x?s into~W ~j 6 March 1992 Frank H. Robbins, AICP Executive Director Planning and Development City of Denton 215 East McKinney Denton, Texas 76201 Dear Mr. Robbins; Thank you for your invitation to participate in the meeting held by the city's Historic Landmark Commission on March 9 regarding the name change from Terlingua Street to Nicosia Street. Texas Instruments will not attend this meeting, but supports the final decisions of the commission and the Denton City Council. Regards, Gary Koster Denton Site Manager GHK/cm cc: Lloyd Harrell Ann Pomykal io 4v TEXAS INSTRUMENTS INCORPORATED POST OFFICE ROX 2780 DENTON, TEXAS 70202 • uue 3940 NORTH ELM - DENTON , 817 3812000 • CABLEI TEXINS I r' ATTACHMENT 4 A(lemla Wm)- ' f_---- r Historic Landmark Commission G Minutes of March 9, 1992 1 page One of Two 1 V, Consider making a recommendation to the Planning and Zoning Commission for a street name change from Terlingua to Nicosia. Mr. Robbins reported that the name chaHgee Mated egthat from Councilman Harold Perry. a traditionally the Historic Landmark Planning oa a stoning in an advisory capacity to the inthe name of streets. Commission when considering changing Due to insufficient back-up in the packet, Ms, Abbott justification for the to the street name change, as follows: "How Many Remember Al Nicosia" is the headline of an article in the Daily-Lasso shortly after the death of Dr. Alfonso Nicosia in 1989. We remember that he came to Denton and Texas Woman's University in 1970, as Coordinator of Audio-Visual Education in the School his Library science, while completing doctorate at the University of Oklahoma. excelled athletics Dr. Nicosia had Northwestern State University of Louisiana, eventually to be inducted into the University's Sports Hall of Fame. HfsP home run record stood for 20 years. was particularly proud of his high Les h was team in Louisiana which in 1960, he coach won the state AA tract: title. Now in Denton, in order to keep in touch with athletics, Al turned to officiating. He j oined the and, was Southwestern Officials Association, assigned top Division placementsd in Southwest Baseball Football, Basketball, Associations. Al was the spearhead in forming the Denton Chapter of the Southwest Baseball Umpires chapter nuntil whek tr ans f baseball from Association the l Denton 1973. to the Fort Worth chapter in 1984, where he wo ked until his death. He, meanwhile, retired from both football and basketball in 1987, after some 15 years of officiating the high school, junior college and college t r. i A4lnnod rjo Agenda llern.'S Historic Landmark Commission Minutes of March 9, 1992 Page Two of Two Y levels. When Denton Council 4771 of the Knights of Columbus decided to build a more spacious hall, Al was heavily involved from planning to 4 hammering, Quoting from the Denton Knightline memorial issue: "His contribution, no doubt, was his unique ability to unite all our forces to build the KC Hall.n Al managed to have time to be with the now Denton Community Theater when it was the Firehouse Theater, and did his share of backstage work and stage appearances, while throwing in lots of his favorite hobby, photography. Bert encouragement ent Uof Olymic Coach, sports spoke TWU Awas initiating its athletic programs. He helped the softball players by volunteer umpiring during practices, and was "umpire-in-chief" for TWU home games. Those who remember Al Nicosia recognized his immense popularity, having been recipients often of his willingness to share of his time and his multi-talents. It was not only the students students and faculty Tof Health, but Physical Education, Dance, and Education who were his claque. A Dance instructor was heard to comment: "He was jovial and nourishingl" We remember that Dr. Alfonso Nicosia was always professional. in whatever he did, whether teaching, officiating, or coaching. In a comparatively brief time in Texas he filled his life to the brim with loyal and worthy service to his Institution, his Church, and Community. , . , It was moved by Mr. Kimmey, seconded by Mr. Barker and unanimously carried (8-0) to recommend approve of the street name change from Terlingua to Nicosia. C t, 11 1 konda No. ~D/ ~ ~ Agendall~~onlS t':at0 P&Z Minutes r March 25, 1992 Page 12 Eighteen property owners within 200' of the site were notified; two responded in , favor, one in opposition, and one undecided, Staff Report: Ms, Fesharf presenled the staff report (attached), Hs, Huey asked if the site plan for the specific use permit showed the existing jail facilities, Ms. Feshari said yes, The proposed new building is between the existing jail and juw,nile detention center, No one was present to speak in favor or in opposition to the specific use permit, Recommendation: Ms. Feshari stated that staff recommends approval of Z-92-007, Chairman Holt closed the public hearing. Motion was made by Mr. Glasscock, seconded by Ms. Morgan, and unanimously carried (6-0) to recommend approval of Z-92.007, V. Consider the electric utility easement abandonment of Lot .1R, Block 1, Pace's Crossing, Mr, Clark explained that this electric utility casement is on Lot 1R, block 1, of Pace's Crossing behind Walmart, 'I'ltc easement is under some buildings. It was intended to be abandoned by plat but the abandonment was not done correctly, 't'here are no facilities in the casement and the Development Review Committee recommends approval of the abandonment. Mr. Molt asked if the abandonment will help clear up the title to the property. Mr. Clark said yes, Mr, Holt moved to recommend approval of the abandonment of the electric utility easement in Lot 1R, Block 1, Pace's Crossing, Motion was seconded by Mr, Engclbrechl and unanimously carried (6-0), V1, Consider making a recommendation to the City Council with regard to a street name change from '1'edingua to Nicosia. c Agenda No..__ret O /Jr Agondi tEem_S D11e P&Z Minutes March 25, 1992 Page l? Mr. Robbins sated that traditionally, street name changes involve public review by the Historic I-andmark Commission (I-ILC) and the Planning and Zoning Commission " prior t Council consideration. In this case, a council member is recommending the name change and the Historic Landmark Commission has endorser] the recommendation. The road under consideration is east of the Texas Instruments (TI) property line, Notices were mailed to adjacent property owners prior to consideration by tho HLC, TI had no objection and the other person did not reply. Mr, Clark noted that the majority of the road is not constructed, It will be done when TI expands. It was moved by Ms. Huey, seconded by Ms. Morgan, and unanimously carried (6-0) to recommend approval of a street name change from Terlingua to Nicosia. VII. Work Session Mr. Robbins discussed the responses provided by Ms, Huey to his questions about strategic planning, He asked what she meant by having product developments. Ms. Huey said she meant companies that provide products as opposed to services. Producls make money. She does not want a stuel refincry but something of a light industrial nature, i Mr. Robbins said that tics in with the Denton Development plan. Mr, Holt said that Denton is a college town. That makes Denton a nice town. There are different types of events. A number of people are, employed by the universities and are highly educated. The city should coordinate more with the universities. Mr, Robbins asked what coordinate means. Ms. Morgan said that the universities have n pool of knowledge, Mr, Clark said that the infrastructure should integrate with college functions.j Ms. Huey said that things should be available to the campus t!s. The Square used to be easily accessible to the campuses and the students could get everything they needed there. / J s~ ALI,00180\ 1435.3.12 A,dnnda No. Agenda I1enl!A 41 5100 _ two ORDINANCE NO._ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE RENAMING OF TERLINGUA STREET TO NICOSIA STREET AND PROVIDING FOR ° AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: a SECTS 1. That the street officially designated as Ter- lingua Street, being a public street connecting to Highway 77, is renamed as Nicosia Street. SECTION ZI. That the Executive Director of Planning and Development is directed to amend the official map of the City of Denton to reflect the change in the street name as provided herein. SECTI III. That this ordinance shall become effective immediately 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: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY l ~ 74 I i ~~t #CITY~~~ i iCOUNCIL T'll ff {{f r x _ t oooa~aaaooo~,~;I IN 0 a 0 0,- ? Jt~ } i } i Li I . cc ct Lr.. t ,t ,i,, i C,/tit d2ay 05, 1392 CITY COUNCIL AGENDA ITF2Nd TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Floyd V, Harrell, City Manager RE: CONSIDER AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREF21ENT BETWEEN THE CITY OF DENTON AND EXPOSITION MILLS OF TEXAS, INC. TO PROVIDE FOR THE CONSTRUCTION OF AN OVERSIZED WATER MAIN; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE., AND DECLARING AN EFFECTIVE DATE. RECOMMENDATION: The Public Utilities Board at their meeting of April 22, 1992, recommended to the City Council approval of the request from Exposition Mills of Texas, Inc, ("Developer") that the City participate in the oversizing of a waterline on Westgate Drive at I-35. The cost for our participation is for an amount not to exceed $14,850.00 SUMMARY: When a developer extends water or sewer lines into an area, the developer is required by the City's Code of Ordinances to install water and sewer lines of sufficient size to nerve the new area, The City may n,quost that the subject lines be oversized to serve the general service area. The City may also participate in the cost of oversized water and sewer lines in accordance with Section 34-118(8) (2). Exposition Mills of Texas, Inc, is developing a site north of Westgate and east of I-35. The development requires an 8" water line, and the City Is requesting that a 12" water line be Installed to serve the general area, The 12' line will be extended approximately 1100 feet, Tho estimated cost to the City of Denton is $14,850.00, BACKGROUND: In order to serve the area containing this development and future developments to the south, a new water line is required. The proposed development requires an 8" water line. Therefore, it is recommended that the City participate In the oversizing from 8" to 12" water line, Kimley - Horn and Associates, Inc. ("Engineer"), on behalf of the Developer, submitted a request for oversize participation. The Engineer estimated the cost for a 12" waterline to be approximately $d2 per linear foot and $28 pop linear foot for an 8 waterline, This is higher that the estimated prices that the Utility Staff uses of $30 per foot for 12" waterline and $23 per foot for 8" waterline, Kimley - Horn stated that there estimates were based on actual bids of slu lar projects, The maximum participation is based on the higher estimates. r, A[[ ends „enT_. Page 2 a G~ AGENCIES AFFECTED: Citizens of Denton, Denton Municipal Utilities and Exposition Mills of Texas, Inc. FISCAL IMPAC'T': The estimated cost for our participation is $14, 850. See Exhibit I for further Project financial information, Submits d by: Toy V. Harre*CIt ana g r Prepared by; eee-Ifson, Director Water Engineering and Operations Approved by R.C. Nelson, Executive Director Deparlmont of Utilities Exhibit I: Participation Agreement II: Fund Analysis III: Location Map IV: Request Letter V: CIP Detail Slieot VI: Project Considerations VII: Minutes of PUB meeting of 4/22/92 VIII: Ordinance Ir 7i (J Of (I3P}0._ ~vC_ Q/4 ORDINANCE N0. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND EXPOSITION MILLS OF TEXAS, INC. TO PROVIDE FOR THE CONSTRUCTION OF AN OVERSIZED WATER MAINt AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND DECLARING AN EFFECTIVE DATE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: ° SECTION That the Mayor is hereby authorized to execute the attached agreement with Exposition Mills of Texas, Inc, to provide for the construction of an oversized water main. SECTION That the City Council hereby authorizes the expenditure of funds in the mariner and amount as specified in the agreement. SECTION IV. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of. 1992. BOB CASTLE ERB RY,' 4AYOR ATTEST: JENNIFER WALTERS, CITY SECRE'T'ARY BY: APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: i Agonda No, is 4/5_._. . Allen(lo Item_~~.5 Rito THE STATE OF TEXAS § WATER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE. CITY OF COUNTY OF DEN`PON § DENTON AND EXPOSITION MILES OF TEXAS, INC. WHEREAS, Exposition Mills of Texas, Inc,, hereafter referred to as "Developer," whose business address is 3400 Thanksgiving , Tower , 1601 Elm Street, iallas, Texa;;, 75201, wishes to develop and improve certain real property i1 Hillcrest Center, named Exposition Mills (as described in Exhibit I, attached hereto and incorporated herein by reference), located in the City of Denton, { Texas or its extraterritorial jurisdiction, and is required to provide such property with an adequate water supply by designing, constructing and installing a water main of a minimum inside diameter of eight inches (811), hereafter referred to as "required facilities"; and WHEREAS, the City of Denton, Texas, a municipal corporation located at 215 East McKinney, Denton, Texas, 76201, hereafter referred to as "City," in accordance with its ordinances, wishes to participate in the cost of the construction and installation of said water main to provide for an "oversized" water main to expand its utility system and insure adequate utility service to other customers; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, Developer and City agree as follows: 1. Developer shall design, install and construct a twelve inch (1211) water main and all necessary appurtenances thereto, hereafter referred to as "oversized Facilities", located as shown on Exhibit II, attached hereto and incorporated herein by refer- ence. 2. Prior to I:eginning construction of the oversized facili- ties, Developer shall enter into a Development Contract, as re- quired by Chapter 34 of the Code of Ordinances of City. This Agreement shall be subject to and governed by such Development contract, which is incorporated herein by reference, and any other applicable ordinances of City. 3. Prior to beginning construction of the oversized .facili- ties, Developer shall obtain, at Developer's sole cost and expense, all necessary permits, licenses and easements. Easements acquired by deed or dedicated by plat shall be reviewed and approved as to form and substance by City prior to the beginning of construction. If Developer is unable to acquire needed easements, Developer shall. purovide City i with any requested documentation of to obtain easements, including e iden e of negotiations fandsreasonable WATER MAIN PARTICIPATION AUEEMENT / EXPOSITION MILLS OF TEXAS, INC, PACE I r Ajonda Nu. lgr~2 Ol : - A(Riida llcmA_l~~s 5.__ . offers made to the affected property owners. Any easements for the oversized facilities obtained by the Developer shall be aasigned to City, if not taken in City's name, prior to acceptance of the oversized facilities, and Developer warrants clear title to such easements and will defend City against any adverse claim made against such title. 4. The city's share in the cost of the oversized facilities, based upon the difference in the cost of installing required facilities and the cost of the oversized facilities, shall not exceed Fourteen Thousand Eight Hundred Fifty Dollars and no Cents ($14,850.00). The Developer shall elect one of the following methods to determine the city's share of the cost: a) The Developer shall prepare plans and specifica- tions and furnish them to the City. The City shall competitively bid the required line and the over- sized facilities in accordance with Chapter 252 of the Local Government Code. The difference in the bids shall be used to determine the City's share, subject to the City's maximum participation in cost as specified in this Agreement; or b) The Developer shall prepare plans and specifica- tions and take bids on the required line and the oversized facilities. The City shall pay the Developer the smallest amount of the following; (1) The difference in the bids for the required 1i.iie and the oversized facility, (2) Thirty percent of the bid on the oversized facility, as provided for in Section 212.072 of the Local Government Code; or (3) $14,850.00, the maximum participation cost al- lowed herein. The Ci+:y shall not, in any case, be liable for any additional cost becaus,a of delays in beginning, continuing or completing construc- tion; changes in the price or cost of materials, supplies, or labor; unforeseen or unanticipated cost because of topography, soil, subsurface, or other site conditions; differences in the calculated and actual per linear feet of pipe or materials needed for the oversized facilities; Developer's decision as to the con- tractors or subcontractors used to perform the work; or any other reason or cause, specified or unspecified, relating to the con- struction of the oversized facilities, HATER MAIN PARTICIPATION AGREEMENT / EXPOSITION MILLS OF TEXAS, INC. PAGE 2 c Ayenia v, 13 5. Within thirty (30) clays of the acceptance of the facili- ties by the City, Developer shall submit to the City's Director of Utilities the actual cost of the oversized facilities. Should the actual cost of the oversized facilities be less than the cost on which the City's share was determined, the City's share of the cost shall be reduced proportionally, on a per linear foot basis, based upon the difference of the actual cost of the oversized facilities and the determined cost for required facilities. To determine the actual cost of the oversized facilities, City shall have the right to inspect any and all records of Developer, his agents, employees, contractors or subcontractors and shall have the right to require Developer to summit any necessary information, documents, invoices, receipts or other re<-)rds to verify the actual cost of the over- sized facilities. 6. Within sixty (60) days of the date the Developer has sub- mitted satisfactory documentation of the actual cost of the over- sized facilities, as determined by City, City shall pay to Devel- oper its share of the cost thereof. 7. All notices, payments or communications to be given or made pursuant to this Agreement by the parties hereto, shall be sent to Developer at the business address given above and to the Director of Utilities for the city at the address given above. 8. Developer shall indemnify and hold city harmless from any and all claims, damages, loss or liability of any kind whatsoever, by reason of injury to property or person occasioned by any act or omission, neglect or wrongdoing of Developer, its officers, agents, employees, invitees, contractors or other persons with regard to the performance of this Agreement, and Developer will, a its own cost and expense, defend and protect City against any and all such claims and demands. 9. If Developer does not begin substantial construction of the oversized facilities within twelve (12) months of the effective date of this Agreement, this Agreement shall terminate. 10, dais instrument embodies the whole Agreement of the par- ties hereto and there are no promises, terms, conditions or obliga- tions other than those contained herein. This Agreement shall supersede all previcus communications, representations or Agree- ments, either verbal or written, between the parties hereto. 11. This Agreement shall not be assigned by Developer without the express written consent of City. WATER MAIN PARTICIPATION AGREEMENT / EXPOSITION HILLS OF TEXAS, INC. PAGE 3 i F h it Amids No A900a 110(11 12. Any and all suits for any breach of this contract, or any other suit pertaining to or arising out of this Agreement, shall be brought and maintained in a court of competent jurisdiction in Denton County, Texas, Executed this the day of 19 r EXPOSITION 14ILLS OF TEXAS , INC. DEVELOPER ATTEST: r CITY OF DENTON LLOYD V. IiARRELL, CITY MAtQAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM; DEBRA A. DRAYOVITCH, CITY ATTORNEY r BY: s->- i LXPO,Pa I105,b.2g WATER MAIN PARTICIPATION AGREEMENT / EXPOSITION MILLS Of TEXAS, INL. PAGE 4 A' it GJ O/ ~r b4lenda No n pn'1t22; 1992 A;lenda 11am.~~ OVERSIZE PARTICIPATION WATER EXPOSITION MILLS OF TEXAS , INC. FUND ANALYSIS WATER DISTRIBUTION (BOND) STATUS $ (x1000) FUND SOURCE 92-0461-01 $150,111 TOTAL FUNDS $150,000 EXPENDITURES Forrestrldge Estimates! $12,601 Exposition Mills Est?mated $14,110 TOTAL EXPENDITURES $27,450 AMOUNT OVER/(UNDER) BUDGET ($122,550) NOTE : Oversize participation approved for Eagle Point Shopping Center in November PUB meeting, Very doubtful that this money will be spent. r~ EXHIBIT !1 nda i~o.. _.C ! Z6 5 , -G NORTH ~ DENTON HA awn .,,r j I' + I ` / -Cam. `'15+' JAI,..' I L__ PROJEC°I''~ i p'r p 1: I E r. ~r~ ~ .-.•..:r I 1 flit J _~`~.YJnJ I I r 1 f yy is I r ;l ildi A I,i 2.3 (ijrl 0 WUNICIPAL AIRPORT I + it w " ' r+A d / lklgll W tC3jl ~~i J!^ flr oil 1, !1{r ~ r0 i II {I ~ ill ir3 . ~ •1 li ~Ir lllf+I dll iii r "Hill I f ~ ! I ii lu~l ka liar ~ ~ ~r l.i I 2 to ` r~ fa ! ilj~ll .iris ~ rHi emu: r ~ 513? \ _L yllp f., 'I " art I`CW. 5! r <w r f EXHIBIT 1 CITY OF Oemr M, TtXAM / wnTnr/WASTCrpiTa tii Y. A i Kimley.Horn 7kjsnd3 rlo. --d/5 Agenda Ilen)_~S KimleyHorn and Associates, Inc. (z [)Ito ENOWEERS r PLANNERS , SNRVEYORs 12660 Colt Road, Suits 300 Dallas, Texas 75251 Phone (214) 3894007 fax (214) 230,3820 April 6, 1992 A4r. Gerald P. Cosgrove Denton Ivlunicipal Utilities City of Denton 901-f3 Texas Street n Denton, 'Coxes 76201 lies Exposition MIIIS Oversize Participation Request Dear Mr, Cosgrove; On behalf of' the ownor/dove ioper of the above project adjacent to the east side of [H• north at Westgate Drive, City participation in the oversize water lines serving the site is reqquested. The location of the proposed 12-inch lines which constitute this request are; 666 linear feet along the 11136 frontage of the property, and • 1,600 linear feet within Westgate Drive, connecting the above line to an existing 8-inch line approximately 1,600 feet east ,(136, 'rho estimate of probable cost for both 8-inch and lz•Inch lines is shown in the following table, a e oat 8-inch 12-Inch Along IH-36 In Westgate Drive $ 18,480,00 $ 28,360,00 Subtotal Westgate 44,400.00 66.000.00 Dos 6% $ 62,860,00 $ 94,360.00 Total 31760,00 6,650,00 $66,600.00 $ 100,000,00 An estimated difference in cost is $33,400,00. Please lot me know if you need additional information, Sincerely, IMILEY-HORN AND ASSOCIATES, INC. Roy L. Wilshire, P.E. pw Senior Vice President ChAV011e o4rl0e r Fop Lauderda l4 Pop Alger! r Lae Yepaa - egnae onando r Pho4nla Releion 94104016 - SIuerl , 1646 vero Roecn Yuplnre DOW r Wool Pdnn leech B U I tl I n a 0 1 I e n I r a 1 a 1 1 o A e h l p e a I n 0 e 1 9 0 7 O1 ~ Col po ve.14101 Oa.10 Y. CAPITAL IMPROVEMENT PROJECT 92-0461-017 F -199L-- Agenda No. -V~Z -----'h PROJ TITLE: OVERSIZE WATER LINES Agenda llonl___~s ESTIMATED COST: $150 (x 1000) EVALUATION SCORE: 70 GROUP ASSIGNMENT: g DESCRIPTION: This project will allow for larger lines needed to servrce future development and comply wlMasler Plan, PURPOSE: Prevents having to upgrade existing lines before they need to be replaced, COST CALCULATION: Estimated cost $150,000 FUNDING REOUIREMENTS:CASH FLOWS/ENCUMBERANCES (In Dollars x 1000, ENO EXP ENO EXP ENO EXP ENC EXP EMC EXP ENC EXP 1992 O 10 10 N 10 10 D 13 13 J 13 13 F 13 13 M 13 13 A 13 13 M 13 13 J 13 13 J 13 13 A 13 13 S 13 13 1993 O N D J F M A M J J A S 1994 0 N 0 J F M A M J J A S ENCUMBERANCES CASH EXPENDITURES BOND REV AIC OTHER TOTAL BOND REV AIC OTHER TOTAL TOTAL 1ST YR $150 $o $0 $0 $160 $150 $0 $0 $0 $150 TOTAL 2ND YR $0 $0 $0 $0 $0 so $0 $0 $0 $0 TOTAL 3RD YR $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 GRAND TOTAL $150 $0 $0 $0 $150 $150 $0 $0 $0 $150 ENCUMBERANCE DATES; PHASE DATE AMOUNT General Purchase Engineering Design Inspection Construction As Spent $150 Miscellaneous ENCUMBERANCE TOTAL $150 COMMENTS: \ i 214190 13;39 Pq r 44 E~ Agenda Ilem_.vcCl~~_ PROJECT CONSIDERATIONS • The Utility Staff desires to install an 12" waterline on Westgate Drive in place of an 8" waterline. • Section 34-118(b)(2) of the Code of ordinances allows the City to participate in the oversizing of water and wastewater e mains. • The maximum cost for this participation is $14,850. + Final cost will be determined by bids and actual construction cost. There are two options for funding. one limited to 30% of the total cost. The other requires the City to bid the project. + This project replaces the former Manufacturers Retail Outlet, Inc. on;Ja.lo. ' EXCERPT PUBLIC UTILITIES BOARD MINUTES April 22, 1992 7. CONSIDER EXPOSITION MILLS OF TEXAS, INC., WATER LINE OVERSIZE PARTICIPATION AGREEMENT. Allison explained this agreement is for on-site work and has to do with on-site needs; this is according to the utility master plan analysis. Thompson noted the sewer line is very 4 small, only 14". He asked, if the area ever developed, would this line be able to handle such development. Allison advised the utility is at the end of the reaches of the sewer line at that point. Frady noted that this line would ' help with other development. However, if Exposition Mills does not stay in business, then the utility has lines in the ground that may be useless. Allison pointed out that the lines are across from Camping World and will, in all likelihood, be utiiitzed at some point. Actiont Frady made a motion to approve subject Water Line Oversize Participation Agreement. Second by Laney. All ayes, no nays, motion carried. #16(f) Economic Development Incentive Rate for Exposition Mill-t. Nelson advised that the economic development incentive rate for Exposition Mills allows Denton to drop the demand charge by 50% for the first year, 40% the second year, 30% the third year, 20% the fourth year and 10% the fifth year. On the sixth year out, their rates will be equal to the rest of the commercial rates. Nelson pointed out that Denton's rates now are very ^ competitive with other area power company rates. There is only one more adjustment in the electric rates that is needed. This is an incentive type rate. There is some indication Exposition Mills will be interested in a master meter to do that. With a master meter, there will be sufficient demand for them to qualify for the special incentive rate. This is an administrative item. C x r' jt _ # 1` ti. t CITY z ~r COUNCIL.' ; , Fi ar r j J! } :_f_+ooaatioanoa P tCO, I;x~fj~o ~ r o 3 ~Tll j CO ~t1 ' I IT ;tirrOO f , r I Q~O~n f 44 . CITY COUNCIL REPORT FORMAT Agenda Itom_ TO: Mayor and the Members of City Council v FROM: Lloyd V. Harrell, City Manager DATE: April 22, 1992 SU,EJECT: Lease Between the City of Denton and Morrison Milling Company , Recommendation;_ It is our recommendation, after the city council reviews this lease (which is still under negotiation) in the 5:30pm work session, that the City of Denton lease the east end (48,100 sq.ft.) of the donated Moore building to Morrison Milling Company. Summary: This lease would create a revenue stream for at least five years and possibly ten years. It would allow the City of Denton to make use of the vacant warehouse space within the Moore facility without a negative impact on the city's future space needs. Bac round:_ The Space Master plan shows that the Moore facility will have more than the 48,100 square feet of unused warehouse space into the year 2006. As we have discussed on several occasions, we have had two groups (Morrison Milling and Cooke County College) who have displayed a very strong interest in leasing this unused space. Morrison Milling Company needs to lease space by May .l, 1992. The attached lease spells out the terms of the proposed agreement we discussed with you in February, 1992. It covers all concerns that the city Council and Morrison Milling addressed anti is a lease that can be mutually beneficial to both lessee and lessor upon execution. PrograMg.4_De rtmentsA___orGroups Affected: The Finance Department, municipal. set-vices and Economic Development, Morrison Milling Company, Facility Management, Parks and Recreation, Street and Engineering Department, and Electrical Utilities Department. Fiscal Impact: Immediate Expenditures: • General building repairs in order to gain a certificate C of Occupancy (approximately $7,000). • City's cost particiNaLlon for clock installation ($45,000). ,s C~ AgondaNo, es/7~ Y . April 22, 1992 ABe:tda Ilom [zz s- ' p - - Page - 2 E}3:1 E Approximate Revenue: • First 5 Years $360,750 • Second 5 Years 4201875 $781,625 Please review the attached memo and the chart titled "Future Expenditures" for more detailed information. Prepared by: Respe fully Submitted: B uY c7e lienington Lloyd Harrell Superintendent of acility City Manager Management Approved: Betty M an Executive D actor for Municipal services and Economic Development , Date: April 22, 1992 AJJ002F1 \V r. rr U S Amends I)em'~~°'~ 7 clTY of DENTON, TEXAS MUNICIPAL BUILDING / 215 E. M[KINNEY / DENTON, TEXAS 76201 M E M O R A N D U M a TO: Mayor and Members of the City Council FROM: Bruce Henington, Superintendent of Facility Management DATE: April 22, 1992 SUBJECT: Lease Between the City of Denton and Morrison Milling Company On May 5, 1992, we will recommend that you approve a lease agreement between the City of Denton and the Morrison Milling Company. This lease will allow Morrison Milling Company to make use of 48,100 square feet of warehouse space at the Moore facility for ten years. The five year term lease with a five year extension option will give us a revenue stream and still allow the city to conform to the long range Master Space Plan. This agreement allows the City of Denton to contribute to the business retention and expansion of one of our "mainstay" industries. This portion of the building would be used, maintained, and improved instead of sitting empty and continuing to deteriorate. It also allows the City to have a revenue stream in order to improve other facilities like the existing Police building and City Hall and to help with the implementation of Phase I of the Master Space Plan. This agreement has a number of significant public/private benefits. Some of the benefits are: • Provide space for a major Denton industry, • Make usp of otherwise unused building space. • Imprrlv~ the downtown area. • Construct the Law Enforcement Court Complex Phase I as promised to the citizens with quality construction. • Obtain a development center located in one building (the existing Police building). Move out of rental space (the City Annex). • Reduce the population load on City Hall. • Enhance the City's building maintenance program. The plan at this time is to accomplish the significant benefits and provide quality service to the citizens of Denton without raising taxes. c~ 8171566,8200 O/FW METRO 4342529 4 r 7 a✓ i ~I 't ~1Y Agnnda No, Agonda)IOM `;9 April 22, 1992 ~7 _ Page - 2 Y 5/3 The re-use of an abandoned building has been a creative approach to 4 resolving major space needs and at the same time will provide a catalyst to improvement of a rundown area of the City. I have attached the following for your information: • The agreed upon assumptions that were the basis for the agreement. • Future Cost/Benefit Sheet. • The preliminary Master Plan Phasing Sheet. • A financial analysis of Phase I of the Space Master Plan. • The Lease Agreement for your approval. if you should have any questions prior to the Council meeting, please do not hesitate to call me at 566-8270 or 566-8305. Again, thank you for your support and hard work. .f C- Q e uoe Hen ngto AtraQniaents AJJ002F2 i i I February 20, 1992 Ar~onda Itam_~~S~`'f_..,, 119sUMPTZON6 I MORRISON MILLING COMPANY • Morrison will lease 47,000 square feet of warehouse space from the City of Denton, • The term of the lease is five years with a second five year option. • The cost per square foot is $1.50 for the first five years. For ' the second five year period, the cost per square foot is $1.50 plus a 15% increase. • City will pay for a percentage of loading ramp construction cost at a cap of $450000. City will borrow the money for the renovation from the General Fund balance and pay the cost back with interest equal to the amount if invested elsewhere. • Utilities will be sub-metered and separated, • City will remove all utility poles and transformers in order to accommodate new truck loading docks. • City will allow six new loading docks. • City will allow Morrison to use existing docks for up Zo 90 days while the new docks are being constructed. • Morrison will manage construction of loading docks subject to the city architect's approval. • City will repair and maintain the roof and structure. Morrison will repair and maintain everything else. • There will be no more than approximately 15 trucks within a 24 hour day with no more than six trucks located at the building at one time. • City will construct a new privacy fence at the east end of the building to insure no sight of loading and unloading of trucks. • Morrison will have the right to remove non-structural walls and divisions subject to the city architect's approval. • Morrison will have the right to modify doorways to accommodate their equipment subject to the City architect's approval. • Morrison will have the right to paint or improve outside or inside of the building subject to the City architect's approval. • Morrison will have the right to remove or modify some segment of the old fencing to accommodate truck traffic subject to the City architect's approval. • City would install more effective street lighting for security. e" r Agonda No. A(Ierid a Ilom_,~5~,_ Page - 2 In y 11Y • Morrison will close off the area of the building that Morrison would occupy. A separation wall will be needed to separate rented space from unrented space. • Payment of annual ad valorem taxes for real property will be paid by Morrison subject to the following conditions. The base assessed valuation will he the value placed on the real property by the Denton Central Appraisal District for the improved real property as of January 1, 1993. If improvements have not been completed a© of 4 this date, a base appraisal will be made at the time of completion. The taxes due on the property will be calculated by taking the value, less any exemptions, rimes the tax rate for all jurisdictions. Any future year increases of the taxes on real property will be paid 100% by Morrison up to a 3% increase of total real property taxes. Any increases above 3% will be paid on a 50- 50 basis between Morrison and the City of Denton. • The City will turn one street into a one way street in order to accommodate truck parking. • Truck Street Yngress/Egress: The City Council will choose from either Option A or Option B as a permanent transportation route to/from the Moore Building. Option A./Map A All Morrison's trucks must enter from eastbound McKinney Street making a left turn to Frame. They would then proceed down Frame to Oak, either docking on Oak or making a right turn on to Exposition and backing into the docks. To leave the facility in order to return to the Morrison's plant or go south on I-35E, the trucks would make a right turn on Hickory to Bell Avenue and then make a left turn on to Bell to either the plant or 1-35E south. If the trucks were going north, they would have to exit left on Hickory, travel east to Bradshaw, make another left on Bradshaw, and then turn right on to McKinney and proceed to Loop 208. They could travel north on Loop 288 to University and go either east or west or north on I-35E by taking Loop 288 south. City of Denton would fix the radius at Frame and McKinney as needed as well as Frame and Oak, and Oak and Exposition, and Exposition at Hickory. City of Denton would also look at making renovations to the radius at Bradshaw and McKinney. Option B./Map B. All Morrison trucks must enter from Bell street turning right on to Hickory, then proceed down Hickory and turn left on Bradshaw up to McKinney Street. -Turn left (going west) on McKinney street and then left on Oak in order to dock at the building. To leave the facility, the trucks can go left or right; on Hickory. If they go left (east) on Hickory, they must proceed left on to Bradshaw turning right on McKinney and going east out to the Loop. 4 s ~t ~z A{7nnQa No. Agenda Ilam /01V Page - 3 (kilo Xf they turn right (west) on Hickory, then a left on Bell and out to the plant or Dallas Drive. City of Denton would fix the radius at Frame and McKinney as needed an well as Frame and oak, and Oak and Exposition, and Exposition at Hickory. City of Denton would also look at making renovations to the radius at Bradshaw and McKinney City of Denton City Council must take formal actions to approve. , occupancy to occur after Morrison receives Certificate of Occupancy and upon receipt of signed contract. i~ t } Non( la No. Agenda Main Page - 3 tblo _ ~ "~-~.G ~3 \ r It they turn right (west) on Hickory, then a left on Bell and out to the plant or Dallas Drive. City of Denton would fix the radius at Frame and McKinney as needed as well as Frame and oak, and oak and Exposition, and Exposition at HI-ckcry. city of Denton would also look at making renovations to the radius at Bradshaw and McKinney • City of Denton City Council must take formal actions to approve. 4 occupancy to occur after Morrison receives Certificate of Occupancy and 'ipon receipt of signed contract. r, A y t 43 A~~encla Ilen~_/<2~ Y~ April 17, 1992 , Future City Cost/Benefit ' Morrison Milling Company Lease 1st 5-year Gross Revenue $360,750 2nd 5-year Option Gross Revenue 420,875 Immediate Estimated Repair (71000) Separation of Electricity { 500) Separation of Natural Gas (10300) ` Roof Repair (41700) Repair of Outside Lights ( 500) Cost Participation (docks) (45,0001 Sub Total $729,625 Brick Privacy Fence 1994 (71000) *Outside Building Security Lights (11500) *Estimated Street Repair if needed (60,670) *Roof if needed (48,000 sq,ft.) (105.000 Estimated Net after 10 years $555,455 * Note: Most items pertaining to the facility and street would have to be completed at some point whether we lease the building or not. AJJ002F3 C y ~i CITY FACILITY Moore 6uNding Old Cfly Dull New U11111y Dullding`, Municipal Bldg, ExIsling Clay Nall C1v1c Cenler _ Icw«twre.wwnl ExIsLService Ctr, 9903 DEPARTMENT S.F. DEPARTMENT S.F. DEPARTMENT S.F, DEPARTMENT S.F. DEPARTMENT S.F. DEPARTMEN f S.F. Filer. BW dkV OM M 6 F. 115.000 Calla. %Adeep Greets 4 F. 710,4 /5 Eie MA*q Grey B F, 04,600 Exist RA&V Great S F. 25.000 Eaill, eu" likable 2.F. lkaW Enact &M&V Lk" F.F. I IA12 Exact. NALWV Waelo 6.F, 71,100 Mumcipel Cwl/►rewt 4A4 enm y litooloposed 1K) t, r. WOW a W. AdIVIAL "20 Pollee Opefa0ono 6 Jail 77,161 M61n3r..1 701 Gr1141 sm" 60,016 Lapel ArknMLraOon ;111 Pafi,I WON Ali all. 610 Palton"r 6,715 EtegkLNdnp AdaA4 2,065 Ntneeiep 1,263 Lowwrdt Do Volopftrnl 5407 Factoadon Melalen A6nK 2.166 Infeemall" Get. AML) 4,732 Enpin"ling 2,417 Mkt O►Wen 4,236 wad ProteMkp 1,771 S,eldnp DPW-ft to AAn1N 601 Planning AGreb►rU 3,547 Al Elea le MOW uiGy Admhrlaloo 2.076 6WWIng lnepeedenc 1,159 Peed,ackaA 66ultotM•.r so,Mo Ac"Waiev Lim" Coda Enfaeemnl 1,470 Aliftworcept, Ty 437 Udllty development 240 Iml.OW 12226 Fick Manapertwd 2N Ike Dept AdmW*bo* t 3,101 MVU"puolJnp 704 Fwwtlel Admen, t,N6 ik a Daft 1141"Ing 41041 Cerwn.6wvlcet/SYluee eeeePi ireaawy 302 Cwp, Math 67bp,6 D 1,615 Cutbrner 6etosoa 6.167 GWlatki0 1,110 ' tlomiletlev "a01a 6,F. 62413 Iicmalnlng atAllarie 4F, 347 7 Fee ~Hap POW* 6.F, 0 POWA4ing 40111464 6,F. 316 1996 Mu Nclpai Coun 6,415 CommuNty Der. ke]~l Flo BVIMinp qfo IsSF 060 54wM C1V*t/Pu6th 3,014 City CaerJ/kipr.JGe. 10410 Paiu o"witer11 6 JeU .70,09) Men Sur41 Hety 9vpolrip (HaWe S V', 2 S • l6.661 GMfaI pone 43,541 Logo) Adnewsirown 2,556 Tat 671 Colo Enloro4minl a to x9 p -r., fLrlueke0 2.651 Economic Dovelo"nl t4O7 Gu4lsmee Ntrle4 1,201 EnglnaMVp MMn, IPredue iJpnA 6uheLlltiriJ' Patb OAblon 6.106 Wad Roaaakep 1,771 Calhlellnp 1,261 Enpkeaerlnp i ~4I,>04 eAxo AdatnlAtratton 1,181 to AdfrlNe4aYen {;y Let4ure Servtce 2.962 Ha JAnAp nl 364 Paelonnal 6.6N PLLrWng4e , a nfwmollon See. Admin6,104 SuUotp n"Oonc UII111tt0IinAnelat Admin. 11u9y Habpmenl IrIr: every 307 roe Gpl. Admtn44Atmw,l4tp 4,616 rot Capt. lukoin0 Aaenaw" eve0AWe 6F, iM y~ r:ry ere6abM 6.F. 1,012 IWrtWYq e+elA6l46.F. 4,647 2001 M NdwlCan 1b,ln car 7unllyarelopneN 1453 EftPens~pr f Will cud dp• SIMbC4nSL/Pelch 6,kN alrcamdt/ua,/s.o. 70426 Pak lationt 4Jell 42,0as Wet Sk"I Itol aacw ' 'bfe11 I lrspe Garet 4,606 L elAA7JN4kelbn 2.330 ' Penental IO,015 Enplnaeelnp Adnikc, L350 Eapt~pridr~ 1.' OMk pn..lsanna 41.!06 Eeee.nlo Dewbpfe.nl 1.aa Tax pt Enplnaarkp 4,Id6 ~tPe+Rrof @JIIOVp (Jl ,jpf 2.600 tlrtily AllmWeva tan "M G»lomet service 6,626 PIk^^kW4GwbpnM Fir OA t 1r<r Mt, Dept T/arlAtg /,305 Word ReaaWp 1.771 PAAD Adedn Utntton 3,687 GlNaertp 1.467 &454040 Mlgedar two Il)1e1~fi{" Parka Oivi 141wpeeneett 4754 nlamagw 641. Admin. 4,226 Code Enlorremenl IA4 0 ~~ie7/B SI Ii Al eton It,llo Peck 1tt f a',F 2,962 linAndal AdmN, JAMS MilederNOpywnl 260 wrllNi~~.ap~Dl~~,1,~,~,.r~6~ .yo Lelrure Se"icu Fri GPI. AdmWeseiete 4.103 ukILN rrltih~ t lK7ics Er:~ V. t lfurory 367 W. Fin, Act us W Comm. W rvlees/W4 6,606 WmaWng lrall" S.F. 54A31 Remirelrp bftk" GF. 5,40 Fkam'ktkep evtlerM 6.F. p LPnaa6M 6.F. 0 fwttwlnp twel4Ma S.F. 4,162 2006 AwNZIpAI Court ^1029/ Gmrtnn+y GwopnW f365 Cenral Slav I4A54 52aaek, Derut/Nith 6,609 c3y Gwve/Vp,./Sec. 1lim draw Cankof r67 AdoJrJ6uaron 2.100 ri Pokta Opaeat;om 6 AN 46.111 Main Weel 601 AC VoWk e.t4pl 21.067 too ~ Paewtnel 10.043 Coda Enlaoam.nl 1.660 Redcalon46Wau llonc Gn1e7Mn1 41,306 Eaetnyeink GvebpenW JAM \A lu 16) EnpnaerYp Adorn. 1,303 AN Water eeppl br161 M1e bap! ElaW'Ip 00 Wtwd RAtreWeatlan `{a Cullon-eet 6"" 6.54) EnOnaatlno 6.652 lraat PAnl eGlNaeing 1,511 Pwvdno 6 GrelopnrM 1,712 UWydaptlwikeg 2,310 PA. Adetnletratlon 1.682 Am sv VA ~ I N Mleemadon See Admin. 6,437 6,Adnp ncpaeWw 2.275 W4 Fn. Admin. VA Parke Divialon 12,110 PAI kl"Paneed 561 d" Fj. : tb06 t WLly darabDmenl 240 AO C,onrn , 6arrltel/Ae14 /,606 Lateure Servtres ,926 Fklenlai Admkl. rue Dept AdmWWadea 4,6M Irwcury 307 I 6).995 1 3,188 7 1:,Snl 1 G I 3, 28n .a4.4, r., rr „i.. a1u t, V Yn s CITY FACILITY Moore Building Old City Hal. New UtiltlY Bullding trs municipal Bidg. Existing City Hall Civic Center 1Curanl L>wla wb«d # FAIL Service Ctr. 1993 DEPARTMENT DEPARTMENT S.F. DEPARTMENT S,F. DEPARTMENT S.F. DEPARTMENT S.F. DEPARTMENT S.F. Dial. auWNp (iron 8 F. 117,000 Ealal. FAIdv9 Oros S F, 39,113 East bAbft (Lott B.f. 61,100 East BA&V Oran IF. 75,000 Extol, &.ILdinp Us" SF. 70.600 Cale. •►1Vep L4ahM Ir. 42472 Each! DJdVO (sable 6.F, 31AM klunklpal Oourl P 40"c 6414 Iwnun y w op-W---W ' y 1' t Pol its Opolso" 1 Jill I1,N1 me in 7Veal 601 Callow Sam 30.316 Legal Ad mite l,111W X114 Prbt Ilraakn A**. 010 Pardonnol 1,11) Enoinaerbp Masai, 11047 Pure MMO 1,766 Elwrertdt DevekpnrM 1.101 Ftxrae6orr DlrYtw AAriL X160 In to i"U" lwr, Adndm 4,732 EnplnMiMp 3.417 Pas 103d11er+ 1136 Word processing 1.711 &Adhp Opwdww Ab9lm 004 P4nning 4 Derelepweaa 3.647 Al ElaeoleMap! Uigty Admbl4oelsn 1006 !winding Mepecuont 1,671 Peoaadnn 46,60whene IDAHO A-lo'4 35" Coda Enlwcamanl 1,470 IN1lw asap 1, 10A 631 UWlly 9"Ololn• i. 24D treat PMI 1UA26 ilto IAarwOW"WA 224 Fba Dept AdmWaoair 7,761 W6bC6a ""V 7s4 rrnanclw Admin. 1414 Fill DepL lntnlnp 0011 C41wn. SaMcel/RaluM aaeepi lrtaw,ry 702 Oaripe, 4MM+. SW.A D 1,616 Cutlwnw Sant 0.152 ca"ling X,100 namtWn0 ova3oWe S. F. 97A43Nen»kileV wlllable 6 F. 7,747 taarlaHap VAbbs E.F, 0 gerleabdng arelable E.F, 716 7996 Atunldpel Coup 6.117 Ca unlly DtwbpWW 1.043 Ake Ildpdinp 61041 'b.660 S,mla CantLIP.teh 3,014 City cardJW JSae. 10.120 Polka Opa ralbnt 6.sll 79,493 Aeayl Steel 504 1 34 bulldirip l.30 7 4 S.rP l%:•x!'46,661 Canbel Dome 0,667 Legal AdA-WWs on Ill 7 Ur 137 code Enloearnenl I.SIO e ac1P s, PWChw4eg .637 Eoona+dr Awbpmam 1,107 CuaLomer Serrka 1,701 £ngVreling Admin, 7111 RedujyPh4Subl411a14 1' Pub awlew I.W6 Word Rocatalag 1.771 Caahlallnp 1,147 Enp4neubg 4,040 All WiIIj Ir plj Frt 1171yjr•~,{} $A" AdelnlatratW 3,381 UIWyAMdNiVagon 7.7X7 Paltdnnal X611 Rinnlnp A oewbprrra SnO 1raol Paht~1 0 w !s Leisure Service 2.951 p1344anape7r1en1 661 hbrr lion Sol. Admin 6.164 Bu0dMg 19epae1ione 1,750 1,11,11 1~. baapple hlllpl 04 71`7.009 7iFk4nt4f ldn14r 1~ lNUry da.ebFinanl 0 (7tlt (IIi. Adrpln AkS ~r yr1 HI a9a1' 4415 21 Coin nl Serrlyl/P 4J0 ` E,17+ FVa Orpl. IdminlWalen 4,157 Do Oapl. lratNnp 6650 s611iIf1i Wlt~iE lw},SDllpo}e P 1 ti4 ,r y ~..:k 1 1 ~ 3 fnlni ,51~1V 11 !J l"~~7h1,t 1' At ~y71' FI0r}„s Idi %nooning aw444 E-F. 1.012 Hamik4ng awiabs 7.F, X677 RamaWnp awdaW 6.f. 76.015 Narr4Uin0 awdabN U. MI ) t~3'; it` ~ ~C;.dlri,+~j';t~~ Y!k 206f Municipal coed 10.111 comrnud+yOerekOnwd 1,257 ec~~ an8 (717 I . Jill $IdQi 3aeesWeLJPakA 6,/w 17byCour1f44p./Sec. tasAt4 t•!;P I ~ 4"` 9. Trwt 10e0e1r4l 6,►DO Lpw Wrrkhug n 7,559 Polite Opole lio7eatAn 17,175 Win DOW 604 Naw EMiorotY ...tv} 414" Pa»onMi 10.045 Engineering Adman, 11733 E7 r Itlln ~ ry. iCt' Y r Cerial 67erM 41,706 Eoonornk Oe ball rwrd X606 111NIy AdnlMlaaaYon 7.374 lu pt Etplnear{np 4,011,111 ~t auUdND Og471aAiMp 4,705 SIFed RowteNp I,n Fare l evakrrNl 6etvaa 1,421 p4nnD1p4 Der,bpraw4 7.711 M~`y~,;j~: , l S+u if '1 PA" Adainise ra tlon 1,667 AceaenWp 4,744 Gahlwhlg X,261 buitlnp k4pacuoiw two I" . 111 4.1 1 7- ) Parka Dlvlalon 17,110 Peak hWMpnMnl 764 F ollamagon Sol. Admin. 6,016 Code Fnlwaminl 141D 4 M t Z ~1t V " [Allure Services 2.96? f45irwlw Admin. 1405 tr{ n Udil dawspmanl 760 W111r t I Sr Re Dept. AdmWwsko 4,463 itedl,' nl t~r?zs3.3raiiw?.; ~t k=k* 14u E02 Oipdiclttiip 1.J 10 Ls6 ry LXI, Per, Admin. a166 AN Cedrm. SanAao/nalu9 0406 Rex maWnp eri4al+N E. F, 41471 AyaSaboig aviDabs 61. X466 fYnuWnO awYaWe Ef. 4 /Maaii'v avelt" E.F. D 1sAlahY9 mobs SY, 4,047 2006 UunltipW C4ud 10290 G o w dr/ Oaw OpYM 1.763 co"11rw Slor11 14 k1 pdeY OnetJMld 6,u9 crow Coss W/tlpr./Src. 11063 t TM* Conow 1.737 Legal Ad„ drdSubw 7.140 - poke Opsivion6 L Jag 16,111 "n S4aO 604 All EJrWk except 21,007 Cerkw here! 41406 Eeaererdo pwbpnw 1,1a b` r p P, Aonnel 10,046 Cods Enloramom JAM RodOCUM& 6ub1400MO ~n 1 PW411661,11111 lap LAWry A9ard Wetlon 7:671 t,, .a Tax 767 FAiiineving A Irr ol. 2,705 AN Water uapt 75.111 foe Dept lwbaolp 1,107 Wbd Roat4b+p 1.116 "t Cullomal Sara I'm Englneoiing 6,652 Iratl P"I X750 PAID Adelnlatratlun 3,662 AotamWp 14126 CitiJ4rotg 1,344 Plarminp 4 Mwkpead Ult LAWty NipalchMp rSeim, 12, 110 liq Nana9amanl 361 } dllor ma Von $41 Admin. 4,431 k4dN Npacliau 2,776 tlul, fall. Admin. 661 Patke Di 0* LA oy daralopmdnl 260 AN Cunvn. 6an4eaa/A•lup 1A i Lelevre Sarl lrra 2,97E F'MUr1eW Ad7loi, 1}496 .,es two Dept. AdMW$LYOe 4,8~ LYCUry 791 F{0VQ0 I E3991 1 J. tell y 71,591 1 0 1 ],785 r r. V 1 Sq 1 Y i~ December 10, 1991 City of Denton Financial Analysis of Space Master Plan Resources Available for Phase I 1993 Bonds already sold $ 200,000.00 Bonds funds already spent (50,441.00) i Bond funds authorized but not sold 2,400,000.00 1 Rent collection for Block Grant 9,000.00 Rent collection for Main Street 51000.00 Rent collection for Utility Development Engineering 2,600.00 Sub Total $ 21556,159.00 Construction Cost 1993 Moore Building $ 21264,159.00 Old City Hall 1571000.00* Municipal Building/Service Center 15,000.00 Information Services Move 130,000.00 Sub Total $ 20566,159.00 Balance $ -0- s,> >r n ro N N N *If major rehabilitation of structure occurs then the cost will be $429,000.00. h Source - City of Denton Finance Department C r~ t as e:wpdocs\morrison r Agenda Item_~~f~ ~ ORDINANCE NO. G AN ORDINANCE of THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING A LEASE AGREEMENT BETWEEN THE CITY OF DENTON AND THE MORRISON MILLING COMPANY; AUTHORIZING THE EXPENDITURE OF FUNDS) AND PROVIDING FOR AN EFFECTIVE DATE, f, WHEREAS, The Morrison Milling Company has offered to lease part of the Moore Building for warehouse space; and WHEREAS, the City council believes the Lease Agreement would be beneficial to the City; NOW, THEREFORE; THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That it approves the attached Lease Agreement between the city of Denton and The Morrison Milling Company and authorizes the Mayor to execute the Agreement on behalf of the city. SECTION II. That it authorizes the expenditure of funds in accordance with the term of the Agreement. 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 LEGAL FOR14: DEBRA A, DRAYOVITCH, CITY ATTORNEY BY: i y - 3 s✓ 't 1• lonnda No. Agonda Alto _.._•~y, _ _ LEASE AGREEMENT BETWEEN THE CITY OF DENTON AZID THE MORRISON MILLING COMPANY :`OR WAREHOUSE SPACE AT 601 EAST HICKORY, DENTON, TEXAS This agreement for the lease of real property is made between a the City of Denton, a municipal corporation of the State of Texas, and The Morrison Milling Company, a Texas corporation. The parties agree as follows: M ARTICLE I. DEFINITIONS This Article contains definitions of certain terms used in this Lease, set forth as follows: 1.01. City. City of Denton, Texas. 1.02. Hazardous Substance. Any substance that is toxic, ignitable, reactive, or corrosive and that is regulated by any local government, the state of Texas, or the United States Government. "Hazardous Substance" includes any and all material or substances that are defined as "hazardous waste," "extremely hazardous waste," or a "hazardous substance" pursuant to state, federal, or local government law. "Hazardous Substance" includes but is not restricted to asbestos, polycholorobipheny.ls ('"PCBS""), and petroleum. 1.03. Lease. This lease agreement. 1.04. Leased Property. Approximately 48,100 square feet of space located within the Moore Building leased to Morrison for warehouse space, including the land, docks loading ramps, and Parking Area abutting the Moore Building, but excluding any land located within any public street right-of-way, all as shown in the cross-hatched area in Exhibit. A, attached to this Lease, 1.05, Morrison. The Morrison Milling company, 1.06. Moore Building. The building formerly owned by Moore Business Forms, located at 601 East Hickory in the City of Denton, Texas, located on the land described on Exhibit B, attached to this Lease. 1,07. Parking Area, The employee and guest parking area deoignated by the city for the use of Morrison to parking motor vehicles, as described by the cross-hatched area on Exhibit C, attached to this Lease. PAGE 1. R h .a Agenda !te to~ _~s,~f~~ 1.08. Temporary Use Property. The portion of the Moore Building, and the docks, loading ramps, and parking and maneuvering c.rea described by the cross-hatched area on Exhibit D, attached to this Lease. ARTICLE II. LEASED PROPERTY 2.01. Leased Property. City leases to Morrison and Morrison " leases from City the Leased Property. 2.02. Temporary Use Property. Morrison shall have the right to make use of the Temporary Use Property for ninety (90) days from the beginning date of this Lease without additional charge, to com- plete installation and alteration of the dock and loading ramp improvements serving the Leased Property, as specified in this Lease. Upon the written request of Morrison, the city shall extend by thirty (30) day increments, the period of time in which Morrison may continue to use the Temporary Use Property if Morrison is mak- ing good faith efforts to complete the dock and loading ramp improvements. The Temporary Use Property is made available to Morrison "AS Is", with Morrison accepting all defects, if any, and the City makes no warranty or representations of any kind, express or implied, with respect to habitability, fitness or suitability of any part thereof, including the absence of any toxic or otherwise hazardous su)3stances, except as otherwise provided in this Lease. 2.03. Parking Area. The City shall provide Morrison, at no additional charge, the Parking Area for the use of employees and guests of Morrison, which shall be subject to reasonable regula- tions of the City. 2.04. Use of Leased Property. Morrison may use and occupy the Leased Property and the Temporary Use Property, for its usual business operations, including, but not limited to, the storage of materials and products ordinarily kept, used, or maintained in Morrison's business operations, and for no other use. Morrison shall not do or permit anything to be done in or about the Leased Property or the Temporary Use Property that will materially obstruct or materially interfere with the rights of other persons occupying the Building, Morrison shall not permit any nuisance in, on, or about the Leased Property, or the Temporary Use Property, and shall regularly remove therefrom all trash and debris. Morrison shall comply with any lace, statute, ordinance, rule or regulation of any governmental or quasi-governmental authority affecting the Leased Property or the Temporary Use Property, now in force or that may hereafter be enacted or promulgated. C PACs 2 s; i t R 2.05. No Warranties. The Leased Property is leased to Morrison "AS IS", with Morrison accepting all defects, if any, and the City makes no warranty or representations of any kind, express or implied, with respect to habitability, fitness or suitability of any part thereof, including the absence of any toxic or otherwise hazardous substances, except as otherwise provided in this Lease. Notwithstanding anything to the contrary contained in this Lease, the City shall be liable for and indemnify and hold Morrison harmless from any and all claims, damages, fines, costs , liabili- ties or losses resulting from any violation of any applicable laws, r ordinances, orders, rules and regulations of all governmental entities and regulatory agencies (collectively, "Applicable Laws"), including Applicable Laws pertaining to health and the environment, or restrictive covenants or other encumbrances relating to the Moore Building, or the land on which it is located, that: (a) Occurred in whole or in part prior to Morr.ison's taking possession of the Leased Property, including any violation continuing at the time Morrison takes possession; (b) Results in whole or in part from the Moore Building or the land on which it is located violating Applicable Laws or restrictive covenants or other encumbrances, but excluding viola- tions arising from Morrison's operations or conduct or from Morrison making alterations to the Leased Property; or (c) Results in whole or in part from the presence, release or disposal of hazardous substances on or from the Moore Building or the land on which it is located, if the presence, disposal, or release of hazardous substances is not caused by Morrison or Morrison's employees, contractors or agents during any term of this Lease. 2.06. Hazardous Substances. Except for pesticides kept and dispensed in accordance with State and Federal law and regulations, Morrison shall not cause or permit any Hazardous Substance to be used stored, generated, or disposed of on the Leased Property or the Temporary Use Property, without the City's written consent, If Hazardous Substances are used, stored, generated or disposed of on the Leased Property or Temporary Use Property by Morrison, its employees, agents, or contractors, except as permitted above, Morrison shall indemnify, defend and hold the City harmless from any and all claims, damages, fines, costs, liabilities, or losses, including without limitation, any and all costs incurred because of any investigation of the site or any cleanup, removal, or restora- ti.in mandated by a federal, state, or local agency or political subdivision resulting from the use, storage, generation or disposal of Hazardous Substances by Morrison, its employees, agents, or con- tractors in violation of Applicable Laws. PAGE: 3 v 1 ~l , Adonda No. Agenda Hem ) c 0310 ARTICLE III. TERM 3.01. First Term. The First Term of this Lease shall begin on May 1, 1992, and shall terminate on the April 30, 1997, unless earlier terminated as provided in this Lease. 3.02. Second Term. Subject to Section 3.03, if, before a December 1, 1996, Morrison gives written notice to the City that it wishes to extend this Lease for a Second Term, this Lease shall continue in effect until April 30, 2002, on the same terms and conditions as during the First Term; provided that rent shall be as set forth herein for the Second Term and Morrison shall not be entitled to any further extension. 3.03. Termination or Reduction in second Term. Should Morrison give notice to extend this Lease for a Second Term, the City shall have the right during the Second Term to terminate this Lease or to reduce the square footage of the enclosed space in the Leased Property if the city determines, in its sole discretion, that all or part of the Leased Property is needed for City func- tions or operations, by giving Morrison written notice not less than one (1) year prior to the effective date of the reduction or termination. The City may only reduce the Leased Property in increments that include the total leased area that encompasses Building Area C or F, or both, as shown on Exhibit A. The City's notice of reduction to Morrison must designate the amount of reduction. If the City elects to reduce the Leased Property, Morrison shall have the right to terminate this Lease by a'ving the City written notice within sixty (60) days from the date Morrison receives notice of the City's election. Morrison's termination shall be effective one (1) year from the date Morrison receives the City's notice of reduction. ARTICLE IV. RENTALS AND PAYMENTS 4.01. Rent. In consideration for this Lease, Morrison shall pay to the City during the First Term, monthly rentals based on an annual rate of $1.50 per square foot of the enclosed space in the Leased Property, being $6,012.50 per month, Monthly rent shall be. paid without notice, demand, counterclaim, set-off, or abatement, in advance on the first day of each calendar month throughout the Term hereof, at the offices of the Finance Department of the City, Accounts Receivable, 215 E. McKinney, Denton, Texas, 76201, unless Morrison is notified otherwise. Should Morrison extend this Lease for a Second Term, the monthly rent shall be based on an annual rate of $1.75 per square foot of the enclosed space in the Leased Property, or $7,014.58 per month. Should the city's exercise its right to reduce the enclosed space of the Leased Property leased to Morrison during the Second Term and Morrison does not terminate PAGE 4 r~ j Y r A~ontla No. ~lJ~ - O /.5 rlclenda Itcni~c S_ '~,J~fL: ~ _ 1•. Iwo this Lease, the rent shall be reduced accordingly on a per square foot basis. 4.02. Due Date. All rent paid by Morrison after the tenth (10th) day of the month will be delinquent and shall include an addit!.onal monetary penalty equal to five percent (51) of the rental amount due. Failure to pay rent after the tenth (10th) day a when due or the failure of Morrison to pay the five percent (5%) monetary penalty on delinquent rent shall constitute an event of default of this Lease. 4.03. Destruction of Property. If the Leased Property is damaged by fire or other casualty, the City may repair or recon- struct the Leased Property to substantially the same condition as existed i:nmediat~ly prior to the. casualty or terminate this Lease by notifying Morrison within sixty (60) days after the date of the fire or other casualty, such termination to be effective as of the date of such fire or other casualty. The rent required to be paid hereunder shall be abated in proportion to the portion of the Leased Property, if any, which is rendered untenantable by fire or other casualty until repairs of the Leased Property are completed, or if the Leased Property is not repaired, on the date of termina- tion specified herein. If the City elects to rebuild the Leased Property and the reconstruction is not completed within one hundred-eighty (180) days from the date of the fire or other casualty, Morrison shall have the right to terminate this Lease by delivering written notice of termination to the City prior to completion of the reconstruc- tion. Other than the rental abatement, the City shall not be liable to Morrison for loss of the use of the whole or any part of the Leased Property, Morrison's personal property, or any inconve- nience, loss of business or profit, o:.- annoyance arising from any repair and reconstruction. ARTICLE V. UTILITIES 5.01. Utilities. Morrison shall pay for electricity, natural gas, solid waste removal, telephone service or any other utility services supplied to the Leased Property, except that the City shall provide cold water and sewer service to the Leased Property at no expense to Morrison. The City shall instal-1 meters or submeters, at its cost, if necessary to measure the consumption of electricity and natural gas supplied to the Leased Property. The City shall make all repairs, at its expense, as necessary to insure that electrical, natural gas, and water and sewer service is avail- able for the Leased Property on the beginning date of the First Term of this Lease. Thereafter, Morrison shall be responsible for the maintenance and repair, at its cost, of all wires, pipes, equipment and associated utility facilities within the Leased ev c PAGE 5 to 1 Agenda llelr _ ~5. ~y D310 Property which are necessary to supply electricity, natural gas, water and sewer, or other utilities to the Leased Property. 5.02. Billing. The City shall bill Morrison monthly for the utility services for which it is liable to the City herein and Morrison shall pay the bill within fifteen days of the date the bill is mailed or delivered to Morrison. Morrison's failure to timely pay for utility services provided by the City to the Leased Property shall not be a breach of this Lease, but Morrison shall be subject to the same penalties, costs, charges, fees and remedies and shall enjoy the same rights as other utility customers of the City in the supply of utilities to the Leased Property by the City, including the termination of utility service for non-payment. 5.03. Heating and Cooling. The City shall not be responsible for providing any heat or air conditioning to the Leased Property, Morrison shall be responsible for the repair and maintenance of any heating or cooling equipment now located or hereinafter installed on the Leased Property by Morrison. ARTICLE VI. IMPROVEMENTS, ALTERATIONS AND REPAIRS 6.01. Roof and Exterior Repairs. The City shall keep the roof and exterior walls of the Leased Property in good repair, excluding the replacement of glass, but the City shall not be liable to Morrison for lost revenues, profits, damages, claims, or losses of any kind, including loss or damage to merchandise or materials stored or kept on the Leased Property, because of the City's failure to make timely or adequate repairs. 6.02. Interior Repairs. By taking possession of the Leased Property and the Temporary Use Property, Morrison shall be deemed to have accepted the same as being suitable for the conduct of Morrison's business. Morrison shall, at its sole cost and expense, keep the Leased Property in good condition and repair, ordinary wear and tear excepted. Any injury or damage to the Leased Property or the Temporary Use Property, or the appurtenances or fixtures thereof, caused by or resulting from the act, omission or neglect of Morrison or Morrison's employees, servants, agents, or invitees shall be repaired or replaced by Morrison, at its expense. 6.03. Separation of Leased Property. Morrison agrees to install, at its own expense, permanent walls, doors, or make other alterations, as specified and approved by the City, which are necessary to close off the Leased Property from the remainder of the enclosed space in the Moore Building which is not leased to Morrison. PAGE 6 r v. I i I L Y i 6.04. Alterations or Improvements. Morrison shall have the right, at its own expense, to make any alterations or improvements to the Leased Property, provided that the alterations or improve- ments are first approved in writing by the City. The City shall notify Morrison in writing of its approval or disapproval of proposed alterations or improvements within fifteen (15) days after the city receives a written request from Morrison which adequately describes or illustrates the alterations or improvements. If the City fails to notify Morrison within the fifteen (15) days, the proposed alterations shall be deemed a. l improvements shall be performed in such avmannerl that no alterations ic's, materialmanfs or other similar liens shall attach to the Leased Property. Except as expressly provided in this Lease, any alterations or improvements shall become a Property and shall belong to the cit part of the Leased Morrison, at the expiration of this Leaselorothectermination of Morrison's right to possession of the Leased Property. 6.05. Dock and Loading Ramp Improvements. Morrison shall, have the right to construct and install six new dock and loading ramps to serve the Leased Property, four of which shall front upon Exposition street and two which shall front upon East Oak street, in place of the existing docks and loading ramps, with plans submitted by Morrison and approved by e City priornto construction. Upon the written request of Morrison, the City Council may approve additional dock and loading ramp improvements for the Leased Property, but shall not be responsible for any part of the costs of the improvements, Within thirty days of the completion of the new dock and loading ramp improvements expressly provided for in this section, the City shall pay Morrison Forty-five Thousand and No/loo Dollars ($95,000.00), as the City's share of the cost of the dock and loading ramp improvements, Upon completion, the dock and loading ramp improvements shall become a part of the Leased Property shall belong to the City, without additional compensation and Morrison, at the expiration of this Lease, The City shall relocate any electrical lines, poles, or equipment, at its own expense, if necessary to accommodate the dock and loading ramp improvements, provision of lth.is pLeasel p ovPidingj compliance its caws, Any disapproval of improvements or alterations to they Leased p Property applies to the City acting in the capacity of the landlord or owner of the Leased Property and shall not apply to the city's review, approval, or disapproval of any plans for improvements or alter- ations when acting in its capacity as a governmental entity administering and enforcing building codes or other laws or regula- tions. In making any alterations or improvements, Morrison shall comply with all Federal, State, and local laws regulations, or ' PAct 7 ken(O A[7cnda licm_~S a Oato 1,9 ordinances, including the issuance of permits and the payment of fees. 6.07. Signs. Morrison shall not post any signs on the Leased Property without the approval of the City as landlord. Any signs approved by the city as landlord shall comply with the City's ordi- nance regulating signs. ARTICLE VII. TRUCK TRAFFIC AND PARKING. 7.01. Truck Parking on Site. Morrison shall not allow more than six motor vehicles to be parked on the Leased Property at any one time and shall not allow more t..an twenty (20) motor vehicles to be located on the Leased Property within any one twenty-four (24) hour period, if the motor vehicles are regulated by the City's truck route ordinance. 7.02. Truck Routes. Morrison shall take all measures neces- sary to insure that motor vehicles regulated by the City's truck route ordinance access the Leased Property along the public streets and in the direction of travel as specified in Exhibit E and leave the Leased Property along the public streets and in the direction of travel specified in Exhibit F. Exhibits E and F are attached -to and incorporated into this Lease by reference. Morrison shall have its employees who operate vehicles regulated by this article acknowledge in writing that they have received instructions as to the specified routes to be followed for access and egress to the Lease Property as set forth herein. If the City determines that a violation of this section has occurred, it shall give Morrison written notice describing the details of the violation. If the City Council finds that three (3) or more additional violations of this section have occurred within thirty (30) days after the date the city gives written notice to Morrison of a violation, the city shall have the right to terminate this Lease by giving Morrison notice at least sixty days prior to the termination date. Prior to making a finding, the City shall afford Morrison the opportunity to present information or evidence concerning the violations. ARTICLE VIII. INSURANCE AND INDEMNITY 8.01. General Liability Insurance. Morrison shall during the duration of this Lease, at its sole cost. and expense, keep in force general liability insurance naming Morrison and the city as an insured and covering the Leased Property and, during the time occu- pied and used by Morrison, the Temporary Use Property, for bodily injury and property damage in the minimum amount of $1,000,000, combined single limits on a per occurrence basis, All policies PACE 8 ~ v ii ji 4erida No. 7~Xl Agenda ltom_(S _'y/.___ shall be issued by a company authorized to do business in the State of Texas, be approved by the city (which approval shall not be unreasonably withheld), copies of which shall be provided to the City. The policies shall name the City as an additional insured and shall provide for a minimum of thirty (30) days written notice to the City prior to the effective date of any cancellation or lapse of the policies. ' 8.02. Personal Property Insurance. Morrison shall also obtain and keep during this Lease, at its sole cost and expense, insurance on its personal property, to pay for losses by fire, storm, water damage, or other casualty. 8.03. Indemnity by Morrison. Morrison shall indemnify and hold the city harmless from all fines, suits, casts, and liability of every kind arising from: A (a) Any violation or nonperformance by Morrison of any representation or covenant contained in this Lease which continues beyond any applicable cure period; and (b) Any bodily injury, death, or property damage that is proximately caused by the negligence or willful misconduct of Morrison or any of its agents, employees, or contractors. The indemnity eat out in this section shall not apply to matters caused in whole or in part by the City or anyone acting for the City. 8.04. Indemnity by the City, The City shall indemnify and hold Morrison harmless from all fines, suits, costs, and liability of every kind arising from: (a) Any violation or nonperformance by the city of any representation or covenant contained in this Lease which continues beyond any applicable cure period; and (b) Any bodily injury, death, or property damage that is proximately caused by the riee~ligence or willful misconduct of the City or any of its agents, employees, or contractors. The indemnity set out in this section shall not apply to matters caused in whole or in part by Morrison or anyone acting for Morrison. 8.05. Waiver of Subrogation. The City and Morrison waive any rights they may have against the other because of any loss or dam- age occasioned to their respective property, the Leased Property, its contents or to any other portion of the Moore Building, arising from any risk which is covered by the current Texas State Bc and of Insurance promulgated form of property insurance and fire and ex- tended coverage insurance. The parties, on behalf of their respec- tive property insurance companies waive any rights they may have against the other or their respective employees, agents, or invitees and all rights of their respective insurance companies, r PAGE 9 r. I 1 Y r r f panda No. AgendaIleac N10 ~i 4_6 based upon an assignment from their insureds. Each party agrees to give to each insurance company written notification of the terms of the mutual waivers contained in this section and to have the insur- ance policies properly endorsed, immediately after the effective date of this Lease. The foregoing waiver shall be affective whether or not the parties maintain insurance on their respective properties. s 8.06. Notice of claim. Morrison shall give written notice to the city within ten (10) days of the date Morrison receives notice of a claim for damages for bodily injury or property loss arising not an the Temporary from some condition pwho his Leased Use Property by any person ARTICLE IX. TAXES 9.01. Taxes. Morrison shall pay before delinquency, any and all taxes, fees or other assessments levied, imposed or assessed against the Leased Property, Morrison's leasehold interest, equip- ment, furniture:, fixtures and personal property, during any Term of this Lease. 9.02. Reimbursement for Increase in Ad Valorem Real Property Taxes, Beginning with the tax year 1994, and for each tax year thereafter, the City shall reimburse Morrison fifty percent of any increase in ad valorem real property taxes assessed against the Leased Property if such tax increase results from an increase in the appraised value of the real property by more than one hundred and three percent (1030) of its assessed value in 1993. This provision shall not apply to any increase in real property taxes resulting from an increase in the appraised value of the real, property subject to this Lease because of improvements or additions made to the Leased Property by Morrison after January 1, 1993. This provision applies only to real property taxes end s the dAentof on behalf of the City of. Denton, Denton County, ordasshall sessed ~bv or on behalf of real County taxes levied, District any other taxing entity or unit. The reimbursement tax payment shall be made within sixty days of the date Morrison submits to the City documentation that Morrison has paid ad valorem taxes for which reimbursement is due under, this provision, except that if Morrison is delinquent in the payment of any rents, utilities, or other monies owed to the City under this Lease, the City may deduct that delinquent amount from the amount to be reimbursed to Morrison for ad valorem taxes under this paragraph, PACE 10 Agenda hem ~CJS,Jry / X. CANCELLATION BY THE CITY 10,01. Default by Morrison. If Morrison fails to comply with any of the terms of this Lease, the failure shall be considered a default and the City shall give Morrison written notice of the breach and request Morrison to correct the breach. Should Morrison fail to correct the breach within sixty (60) days following receipt of the notice, the City shall have the right to terminate this Lease by giving Morrison written notice of termination. This section shall not apply to a breach of section 5.02 (Billing) or a violation of section 7.02 (Truck Routes). 10.02. Default by City. If the City fails to comply with any of the terms of this Lease, the failure shall be considered a default and Morrison shall give the City written notice of the breach and request the City to correct the breach. should the City fail to correct the breach within sixty (60! days following receipt of the notice, Morrison shall have the right to terminate this Lease by giving the City written notice of termination. 10.03. Removal of Personal Property. Upon termination of this Lease, Morrison shall have the right to remove its trade fixtures and personal property if the removal does not cause damage to the Leased Property. Morrison shall. remove all personal property frc.m the Leased Property within ten (10) days after the termination ana should Morrison fail to do so, the City may elect to retain possession of the property or sell the same and keep the proceeds or have the property removed at the expense of Morrison. 10.04. Repairs. Where, upon termination of the Lease, the fixed improvements become the property of the City as provided herein, Morrison shall repair, at its own expense, any damage to the fixed improvements, resulting from the removal of personal property and shall leave the Leased Property in a neat and clean condition with all other improvements in place, ordinary wear and tear excepted, 10.05. No Waiver. Failure of the City to declare this Lease terminated upon the default of Morrison or t:ie acceptance of rent- als by the City after default shall riot waive the right of the City to cancel this Lease for a later default, XI. MISCELLANEOUS PROVISIONS 11.01. Entire Agreement. This Lease constitutes the entire understanding between the parties and supersedes all prior or independent agreements between the parties covering the subject matter hereof. Any change or modification hereof shall be in writing and signed by both parties. PAGE 11 t 7( ii 9 kuda Ni). Agmda Item Mato 6gl, 51-~ 11.02. Subletting or Assignment. Morrison shall not rent or sublease the Leased Property or assign this Lease without the prior written consent of the City. 11.03. Lease Binding on Successors and Assigns. All cove- nants, agreements, provisions and conditions of this Lease shall be binding upon and inure to the benefit of the respective parties w hereto and their legal representatives, successors or assigns. 11.04. Severability. If any provision of this Lease shall be declared void or illegal by any court or administrative agency having jurisdiction, the remaining provisions shall continue in effect as nearly as possible in accordance with the original intent of the parties. 11.05. Notice. Any notice given by one party to the other in connection with this Lease shall be in writing and shall be sent by registered mail, return receipt requested, with postage and reg- istration fees prepaid, as follows: If to the City, addressed to: If to Morrison, addressed to: City Manager The Morrison Milling Company City of Denton 319 E. Prairie 215 E. McKinney Denton, Texas '16201 Denton, Texas 76201 Notices shall be deemed to have been received on the date shown on the receipt, if sent by certified mail, or on the date received, if delivered by hand. 11.06. Headings. The headings used in this Lease are intended for convenience of reference only and do not define or limit the scope or meaning of any provision of this Lease. 11.07. Tolling of Time. Whenever a period of time is prescribed in this Lease for action to be taken, the party required to t.tke the action will not be liable or responsible for, and there shall be excluded from the computation of time, any delays due to strikes, riots, acts of GoJ, shortages of labor or materials, war, Applicable Laws, or any other causes which are beyond the control of the party, excluding financial inability. IN WITLESS WHEREOF, the parties have executed this Lease the day of - 19 9 2 . CITY OF DEN`I'ON, TFXAS, the City l BY:__ - - BOB CASTLFBERRY, MAYOR PAGE 12 k I. V J ;l 11 1 1 Dito ATTEST: JENNIFER WALTERS, CITY SECRETARY 9 APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: THE MORRISON MILLING COMPANY BY: TITLE: l 39205.2 PACE J3 Y.. 4 y: ~ - I 1 1I I I I w (I S f 0 A R P E L t - t: A S T I Z -stUly I 1 1,11!,11 ' v ~I 8 stl. I L. , 1 0I U ~ IS;ISI'INl!Il t. ` ~I ~ killlt,. ~I! 1 11111;. O 0 0 l tut,7 y 1 ( 1947 ) s Et. r g~H12 - s1 .I t. 51,94b sq. ft. Total r, fikdg. ►ANA IN# A mat „ 1AN05CAPI Mezzanine (1961 (32 spaces) y1 a 5 760s Et. _ To] II I C K 0 R Y 5 1 R E I Y ~ L A S S Jkj 1NDlCATt=S ON-STRI-E-'~ PARKING a rA,<x S (TYPIC,A)O 1,ejjsed Service Center • PARKWO (NuL Included) (70 till;lc:i ) y1 N 1'A IiAIN4 , L X 1 I J. ~~T ~ 3 OI, v1~ SITE PLAN Illrlg,. IAI ~ ~ Wgii rl 1971) C 5 i~ EXHIBIT "B" ALL THAT CERTAIN TRACT OR PARCEL OF LAND situated ~~hVHirm sisco survey, Abstract Number 1184, City of Denton, County of Denton, State of Texas; said tract being shown by deeds.to Moore Business Forms, Inc., and recorded in Volume 325, Page 635, Volume 325, Page 636, Volume 325, Page 638, Volume 328, page 45%, volume 328, Page 448, and part of Volume 325, Page 639, of foliof Denton, State of Texas, and being the Deed Records, of County more fully BEGINNING: for the southwest corer of the tract being described herein at a set 1/2 inch steel square tubing at the southwest corner of said tract as recorded in Volume 325, Page 635, said tubing being at the inter- section of the east Right-of-Way line of Railroad Right-of-Way asphalt line surfaced of Fast icHickory r and Avenue the a n50 orth foot wide Street (an asphalt surfaced public street)l THENCE: NORTH, with the west line of said Moore Business Forms Tract, the east line of said Railroad Ave., a distance of 373.07 feet to a set 1/2 inch steel square tubing for the north corer of said tract as recorded in Volume 328r Page 448, said tubing being" Paand cific 8.50 feet center tl tubingalso the northeast Texas & of being at the start of a curve to the le::t whose radius is 458.37 feet, central angle of 32 degrees 08 minutes 14 seconds, and a 13 chord b a i%eg and minutes 30 distance of South 62 degrees East, a distance of 253.74 feet; THENCE: with said curve to the left, and being 8,50 feet north of said center line, an Arc length of 251.10 feet to a set 1/2 inch steel square tubing for the end of said curve, said tubing being the southeast corner of a tract shown by deed to Wilson McKenny et a1, and recorded in Volume 398, Page 535, of said Deed Records; THENCE: SOUTH a distance of 5.50 feet to a set 1/2 inch steel tract as suare tubing on north line recorded in Volume t 325, south 639, and the said of said tract as recorded in Volume 325, Page 636 of said Deed Records, said tubing also being at an ell East Oak Street (an asphalt surfaced corner of street), and Frame Street (an asphalt surfaced, public street); with the THENCE: youth 11e degrees saidmEasteOak Street, and t, the north line of said Moore tract, a distance of 515.48 feet to a set 1/2 inch steel square tubing for the said tubing Volume also northeast Page 451 corner E said said tract being at an ell corner of said East Oak Street and Exposition Streets THENCEs South 00 degrees 01 minute 21 seconds East, with the. east line of said Exposition Street e a tract, and distance of h240,00 feet to i a set 1/2 inch steel square tubing for the southeast corner of said tract being and the northmline2of Page 455., said tubing also said Fast Hickory Street; f1fENCEs south lineeofe minutes tof said,East Hickory Street, a distance of 740.00 feet to the Point of Beginning and containing 4 of land, more or less. i r, l I I i J E A 5 T 0 A f S 1 11 E L r 2-titUt' r 11IdF,. 19 I)li 11,11411 Q j ~I 8 Sq. 0~ o I Bldg y Bldg F 111 dg. kc) I oI Is,lseuultl (1953 (1961) ( 1965 ) Bldg 11 II L(914A 12 p 000 10 0 500 30 ~ 000 scl . f t o or c7 I a 8,812 ( ) sq. ft. sq, ft 1 II I sc , f t. 53,94b sq, ft. Total ~ .n Bldg. F. Q 4 ' lAN°SL FPI I'1!'%%il ll)Ite (1961 PA kA 1ND A DN1/!1 +v-.,dl+l 5 760s ft. (32 spaces) 1.I 6 5 .r L A 5 1 N r C K 0 R Y 5 1 R E L T lAN06CA P( INCICATP-S ON-STRE.E-T PARKING SPAC.ES(T'YPIG\L) 1 Leased Service PARKWG I Center f +I G C (NoL Inc111ded) ( 70 sl) lce;l) L i I' T `'l N VU V-Fii FIHG 1 L. X7'1 .1 BIT b Ok1Y1 ~ V SITE PLAN Bldg. III ~ (hx11'r'r+ I `17~i) ~ . f c, a 7 1.~ r 4I ~j 1 I I\\E1 I \ { r E A S T 0 AA S I k E I f I , 2-st y 1 Blcl6. ) I ~ m I 231940 sq. f t. f 1 B1dg~C}Bldg F B liy() I 14rI;J I, Inc IIt (1953] (1961 ` tilrl is I I,111j;. Q 12,000 10 ) 500 30 , 000 s (I . f t o , ~~I ( lui17 } ( 11)47 ) sq. ft 0 81832 n $t . f t. 511940 Sy. ft. TOtal o _j rt 4 Li U1tAN McLLlI111Ile ~I - s F Fi f r r F. A S T N I L K 0 H Y 1ANDACOW _ { iNDIG0.Tre5 4N- STftEE"C PARKING SPACES(7YPICN~~ I,e115ec1 Service center PARKING I n. ~ (Nllt Included) ry a f ' (70 stlnc I. s) F'xNIBT.T ~ ~ Iapm4 1 UYIYI• -ks SITE PLAN ' Bldg. 111 (A;kfHr+'rF 1974) f C a ULAND KENT J JDAVII o W m MC KINNEY OAK J OAK T OAK W MOORE ~ BLDG. HICKORY . z 0 X MUL- SYCAMORE ~°c BERRY SYCA- 1 !,?47 7] • LEGEND 2 - N a - ENTRANCE ROUTE EXHIBIT C [t ~f J - 1 t1LAND KIM N J DAVI C m p MC KINNFY OAK - :JAK OAK Ell, MOORE Q BLDG, a: HICKORY A z H H v X Mf1L- .,t w s t KOF'E - a BERRY t - ~"_-"I j j-------I SYCA- s LEGEND s m m - tXIT ROUTE EXHIBIT.; N (D U * ~ err;' 4 i i !1 n 'I 'f e:\wpdocs\work\39205.3 120.1.11 /Cnnda W. y~~is 11uenda Ilnm. ~ Z_. Mill LEASE AGREEMENT BETWEEN THE CITY OF DENTON AND THE MORRISON MILLING COMPANY FOR WAREHOUSE SPACE AT 601 EAST HICKORY, DENTON, TEXAS r This agreement for the lease of real. property is made between the City of Denton, amunicipal corporation of the State of Texas, and The Morrison Milling Company, a Texas corporation. The parties „o agree as follows: ARTICLE I. DEFINITIONS This Article contains definitions of certain terms used in this Lease, set forth as follows: 1.01. City. City of Denton, Texas. 1.02. Hazardous Substance. Any substance that is toxic, ignit- able, reactive, or corrosive and that is regulated by any local government, the state of Texas, or the United States Government. "Hazardous Substance" includes any and all material or substances that are defined as "hazardous waste," "extremely hazardous waste," or a "hazardous substance" pursuant to state, federal, or local government law. "Hazardous Substance" includes but is not re- stricted to asbestos, polycholorobiphenyls ("PCBS"), and petroleum. 1.03. Lease. This lease agreement. 1.04. Leased Property. Approximately 48,100 square feet of space located within the Moore Building leased to Morrison for warehouse space, including the land, docks loading ramps, and Parking Area abutting the Moore Building, but excluding any land located within any public street right-of-way, all as shown in the cross-hatched area in Exhibit A, attached to this Lease, 1.0j. Morrison. The Morrison Milling Company. 1.06. Moore Building. The building formerly owned by Moore Business Forms, located at 601 East Hickory in the City of Denton, Texas, located on the land described on Exhibit B, attached to this Lease. 1,07. Parking Area. The employee and guest parking area designated by the City for the use of Morrison for parking motor l vehicles, as described by the cross-hatched area on Exhibit C, attached to this Lease. 1408. Temporary Use Property. The portion of the Moore Build- r~ ing, and the docks, loading ramps, and parkins} and maneuvering area PAGE 1 r. ~I t A(lenda !torn ~s halo ' ~~_pa 4 ~ described by the cross-hatched area on Exhibit D, attached to this t Lease. 1 ARTICLE II. LEASED PROPERTY 2.01. Leased Property. City leases to Morrison and Morrison leases from City the Leased Property. 2.02. Temporary Use Property. Morrison shall have the right to ° make use of the Temporary Use Property for ninety (90) days from the beginning date of this Lease without additional charge, to com- plete installation and alteration of the dock and loading ramp im- provements serving the Leased Property, as specified in this Lease. ,r Upon the written request of Morrison, the City shall extend by thirty (30) day increments, the period of time in which Morrison may continue to use the Temporary Use Property if Morrison is mak- ing good faith efforts to complete the dock and loading ramp improvements. The Temporary Use Property is made available to Morrison "AS I511, with Morrison accepting all defects, if any, and the city makes no warranty or r.epresentati0ns of any kind, express or implied, with respect to habitability, fitness or suitability of any part thereof, including the absence of any toxic or otherwise hazardous substances, except as otherwise provided in this Lease. 2.03. Parking Area. The City shall provide Morrison, at no additional charge, the Parking Area for the use of employees and guests of Morrison, which shall be subject to reasonable regula- tions of the city. 2.04. Use of Leased. Property, Morrison may use and occupy the Leaned Property and the Temporary Use Property, for its usual business operations, including, but not limited to, the storage of materials and products ordinarily kept, used, or maintained in Morrison's business operations, and for no other use. Morrison shall not do or permit anything to be done in or about the Leased Property or the Temporary Use Property that will materially obstruct or materially interfere with the rights of other persons occupying the Building. Morrison shall not permit any nuisance in, on, or about the Leased Property, or the Temporary Use Property, and shall regularly remove therefrom all trash and debris. Morrison shall comply with any law, statute, ordinance, rule or regulation of any governmental or quasi-governmental authority affecting the Leased Property or the Temporary Use Property, now in force or that may hereafter be enacted or promulgated. PAGE 2 ti fielen~ia Item,_tS=S '~°ry' 3 2.05. Na Warranties. The Leased Property is leased to Morrison "AS IS", with Morrison accepting all defects, if any, and the City makes no warranty or representations of any kind, express or implied, with respect to habitability, fitness or suitability of any part thereof, including the absence of any toxic or otherwise hazardous substances, except as otherwise provided in this Lease. Notwithstanding anything to the contrary contained in this Lease, the City shall be liable for and indemnify and hold Morrison o harmless from any and all claims, damages, fines, costs , liabili- ties or losses resulting from any violation of any applicable laws, ordinances, orders, rules and regulations of all governmental entities and regulatory agencies (collectively, "Applicable Laws"), including Applicable Laws pertaining to health and the environment, or restrictive covenants or other encumbrances relating to the Moore Building, or the land on which it is located, that: (a) Occurred in whole or in part prior to Morr.ison's taking possession of the Leased Property, including any violation con- tinuing at the time Morrison takes possession; (b) Results in whole or in part from the Moore Building or the land on which it is located violating Applicable Laws or restric- tive covenants or other encumbrances, but excluding violations arising from Morrison's operations or conduct or from Morrison making alterations to the Leased Property; or (c) Results in whole or in part from the presence, release or disposal of hazardous substances on or from the Moore Building or the land on which it is located, if the presence, disposal, or release of hazardous substances is not caused by Morrison or Morrison's employees, contractors or agents during any term of this Lease, 2.06. Hazardous Substances. Except for pesticides kept and dispensed in accordance with State and federal law and regulations, Morrison shall not cause or permit any Hazardous Substance to be used stored, generated, or disposed of on the Leased Property or the Hazardous Temporary Substances are used, without degeneratedfor disposedtof on the Leased Property or Temporary Use Property by Morrison, its employees, agents, or contractors, except as permitted above, Morrison shall indemnify, defend and hold the City harmless from any and all claims, damages, fines, costs, liabilities, or losv,i, including without limitation, any and all costs incurred be(ause of any investigation of the site or any cleanup, removal, or re, ora- tion mandated P or disposal subdivision resulting fYm t~heJuse, storage, local PAGE 3 c~ of Hazardous Substances by Morrison, its employees, agents, or con- tractors in violation of Applicable Laws. ARTICLE III. TERM 3.01. First Term. The First Term of this Lease shall begin on May 1, 1992, and shall terminate on the April 30, earlier terminated as provided in this Lease. 1997' unless 3.02. Second Term. Subject to Section 3.03, if before December 1, 1996, Morrison gives written notice to the City that it wishes to extend this Lease for a Second Term, this Lease shall continue in effect until April 30, 2002, on the same terms and conditions as during the First Term; provided that rent shall be as set forth herein for the Second Term and Morrison shall not be entitled to any further extension. 3.03. Termination or Reduction in Second Term. Should Morrison give notice to extend this Lease for a Second Term, the city shall have the right during the Second Term to terminate this Lease or to reduce the square footage of the enclosed space in the Leased Pro- perty if the City determines, in its sole discretion, that all or part of the Leased Property is needed for City functions or operations, by giving Morrison written notice not less than one (1) year prior to the effective date of the reduction or termination. The City may only reduce the Leaned Property in increments that F, or both, as shown on include the total leased area that encompasses Building Area c or Exhibit A. to Morrison must designate the amounte of City's e IfrthecCity elects to reduce the Leased Property, Morrison shall have the right to terminate this Lease by giving the City written notice within sixty (60) days from the date Morrison receives notice of the City's election, Morrison's termination shall be effective one (1) year from the date Morrison receives the City's notice of reduc- tion, ARTICLE IV. RENTALS AND PAYMENTS 4.01. Rent. In consideration for this Lease, Morrison shall pay to the City during the First Term, monthly rentals based on an annual rate of $1.50 per square foot of the enclosed space in the Leased Property, being $6,012.50 per month. Monthly rent shall be paid without notice, c.emand, counterclaim, set-off, or abatement., in advance on the first day of eac!l calendar month throughout the Term hereof, at the offices of the Finance Department of the City, Accounts Receivable, 215 E. McKinney, Denton, Texas, 76201, unless Morrison is notified otherwise, Should Morrison extend this Lease PAGE 4 i r Aornda No. Agenda Ito for a Second Term, the monthly rent shall be based on an annual rate of $1.75 per square foot of the enclosed space in the Leased Property, or $7,014.58 per month. Should the City's exercise its right to reduce the enclosed space of the Leased Property leased to Morrison during the Second Term and Morrison does not terminate this Lease, the rent shall be reduced accordingly on a per square foot basis. 4 4.02. Due Date. All rent paid by Morrison after the tenth (loth) day of the month will be delinquent and shall include an additional monetary penalty equal to five percent (596) of the rental amount due. Failure to pay rent after the tenth (loth) day when due or the failure of Morrison to pay the five percent (5%) monetary penalty on delinquent rent shall constitute an event of default of this Lease. 4.03. Destruction of Property. If the Leased Property is damaged by fire or other casualty, the city may repair or recon- struct the Leased Property to substantially the same condition as existed immediately prior to the casualty or terminate this Lease by notifying Morrison within sixty (60) days after the date of the fire or other casualty, such termination to be effective as of the date of such fire or other casualty. The rent required to be paid hereunder shall be abated in proportion to the portion of the Leased Property, if any, which is rendered untenantable by fire or other casualty until repairs of the Leased Property are completed, or if the Leased Property is not repaired, on the date of termiia- tion specified herein. If the City elects to rebuild the Leased Property and the re- construction is not completed within one hundred-eighty (180) days from the date of the fire or other casualty, Morrison shall have the right to terminate this Lease by delivering written notice of termination to the City prior to completion of the reconstruction. other than the rental abatement, the City shall not be liable to Morrison for loss of the use of the whole or any part of the Leased Property, Morrison's personal property, or any inconvenience, loss of business or profit, c annoyance arising from any repair and reconstruction. ARTICLE V. UTILITIES 5.01. Utilities. Morrison shall pay for electricity, natural gas, solid wasto removal, telephone service or any other utility services supplied to the Leased Property, except that the City shall provide cold water and sewer service to the Leased Property at no expense to Morrison. The City shall install meters or submeterr,, at its cost, if necessa_,y to measure the consumption of PAGE 5 . electricity and natural gas supplied to the Leased Property. The City shall make all repairs, at its expense, as necessary to insure that electrical, natural gas, and water and sewer service is avail- able for the Leased Property on the beginning date of the First Term of this Lease. Thereafter, Morrison shall be responsible for the maintenance and repair, at its cost, of all wires, pipes, equipment and associated utility facilities within the Leased Pro- perty which are necessary to supply electricity, natural gas, water » and sewer, or other utilities to the Leased Property. 5.02. Billing. The city shall bill Morvison monthly for the utility services for which it is liable to the City herein and .001 Morrison shall pay the bill within fifteen days of the date the bill is mailed or delivered to Morrison. Morrison's failure to timely pay for utility services provided by the City to the Leased Property shall not be a breach of this Lease, but Morrison shall be subject to the same penalties, costs, charges, fees and remedies and shall enjoy the same rights as other utility customers of the City in the supply of utilities to the Leased Property by the City, including the termination of utility service for non-payment. 5.03. Heating and cooling. The City shall not be responsible for providing any heat or air conditioning to the Leased Property. Morrison shall be responsible for the repair and maintenance of any heating or cooling equipment now located ot• hereinafter installed on the Leased Property by Morrison. ARTICLE VI. IMPROVEMENTS, ALTERATIONS AND REPAIRS 6.01. Roof and Exterior R--pairs. The City shall keep the roof and exterior walls of the Leased Property in good repair, excluding the replacement of glass, but the City shall not be lia- ble to Morrison for lost revenues, profits, damages, claims, or losses of any kind, including loss or damage to merchandise or materials stored or kept on the Leased Property, because of the City's failure to make timely or adequate repairs. 6.02. Interior Repairs. Hy taking possession of the Leased Property and the Temporary Use Property, Morrison shall be deemed to have accepted the same as being suitable for the conduct of Morrison's business, Morrison shall, at its sole cost and expense, ke.:p the Leased Property in good condition and repair, ordinary wear and tear excepted. Any injury or damage to the Leased Pro- perty or the Temporary Use Property, or the appurtenances or fix- tures thereof, caused by or resulting from the act, omission or neglect of Morrison or Morrison's employees, servants, agents, or invitees shall be repaired or replaced by Morrison, at its expense. PAGE, 6 I r I Acier tla lteni.._ ~ y N.. 6.03. Separation of. Leased Property. Morrison agrees to install, at its own expense, permanent walls, doors, or make other alterations, as specified and approved by the City, which arQ. necessary to close off the Leased Property from the remainder cc the enclosed space in the Moore Building which is not leased to Morrison. s 6.04. Alterations or Improvements. Morrison shall have the right, at its own expense, to make any alterations or improvements to the Leased Property, provided that the alterations or improve- ments are first approved in writing by the City. The City shall r notify Morrison in writing of its approval or disapproval of pro- posed alterations or improvements within fifteen (15) days after the City receives a written request from Morrison which adequately describes or illustrates the alterations or improvements. if the City fails to notify Morrison within the fifteen (15) days, the proposed alterations shall be deemed approved. All alterations or improvements shall be performed in such a manner that no mechan- ic's, materialman's or other similar liens shall attach to the Leased Property. Except as expressly provided in this Lease, any alterations or improvements shall. become a part of the Leased Property and shall belong to the City, without compensation to Morrison, at the expiration of this Lease or the termination of Morrison's right to possession of the Leased Property. 6.05. Doak and Loading Ramp Improvements. Morrison shall have the right to construct and install six new dock and loading ramps to serve the Leased Property, four of which shall front upon Exposition Street and two which shall front upon East Oak Street, in place of the existing docks and loading ramps, in accordance with plans submitted by Morrison and approved by the City prior to construction. Upon the written request of Morrisonge- theCity council may approve additional dock and loading ramp improvements for the Leased Property, but shall not be responsible for any part of the costs of the improvements. Within thirty clays of the completion of the new dock and loading ramp improvements expressly provided for in this section, the City shall pay Morrison Forty-five Thousand and No/100 Dollars ($45,000.00), as the City's share of the cost of the dock and loading ramp improvements. Upon completion, the dock and loading ramp improvements shall become a part of the Lensed Property and shall belong to the City, without additional compensation to Morrison, at the expiration of this Lease. The City shall relocate any electrical lines, poles, or equipment, at its own expense, if necessary to accommodate the dock and loading ramp improvements. 6.06. City Approval of Plans; compliance with Laws. Any provision of this Lease providing for the City's approval or dis- PACT; 7 s r e Fonda No. S # Agenda Itorn_~_a. W1o 413 approval of improvements or alterations to the Leased Property applies to the City acting in the capacity of the landlord or owner of the Lease, Property and shall not apply to the City's review, approval, or disapproval of any plans for improvements or alter- ations when acting in its capacity as a governmental entity administering and enforcing building codes or other laws or regula- tions. In making any alterations or improvements, Morrison shall comply with all Federal, State, and local laws, regulations, or ordinances, including the issuance of permits and the payment of fees. 6.07. Signs. Morrison shall not post any signs on the Leased Property without the approval of the City as landlord. Any signs approved by the City as landlord shall comply with the city's ordi- nance regulating signs. ARTICLE VII. TRUCK TRAFFIC AND PARKING. 7.01. Truck Parking on site. Morrison shall not allow more than six motor vehicles to be parked on the Leased Property at any one time and shall not allow more than twenty (20) motor vehicles to be located on the Leased Property within any one twenty-four (24) hour period, if the motor vehicles are regulated by the City's truck route ordinance. 7.02. Truck Routes. Morrison shall use its best efforts to insure that motor vehicles regulated by the City's truck route ordinance access the Leased Property along the public streets and in the direction of travel as specified in Exhibit E and leave the Leased Property along the public streets and in the direction of travel specified in Exhibit F. Exhibits E and F are attached to and incorporated into this Lease by reference. Morrison shall have its employees who operate vehicles regulated by this article acknowledge in writing that they have received instructions as to the specified routes to be followed for access and egress to the Lease Property as set forth herein. If the City determines that a violation of this section has occurred, it shall give Morrison written notice describing the details of the violation. If the City council finds that three (3) or more additional violations of this section have occurred within thirCy (30) days after the date the city gives written notice to Morrison of a violation due to Morrison's failure to use its best efforts to prevent the violations, the City shall have the right to terminate this Lease by giving Morrison notice at least sixty days prior to the termination date. Prior to making a finding, the City shall afford Morrison the opportunity to present information or evidence concerning the violations. r PAGE 8 ARTICLE VIII. INSURANCE AND INDEMNITY 8.01. General Liability Insurance. Morrison shall during the duration of this Lease, at its sole cost and expense, keep in force general liability insurance naming Morrison and the City as an in- sured and covering the Leased Property and, during the time occu- pied and used by Morrison, the Temporary Use Property, for bodily injury and property damage in the minimum amount of $100001000, combined single limits on a per occurrence basis. All policies shall be issued by a company authorized to do business in the State of Texas, be approved by the city (which approval shall not be unreasonably withheld), copies of which shall be provided to the City. The policies shall name the City as an additional insured and shall provide for a minimum of thirty (30) days written notice to the City prior to the effective date of any cancellation or lapse of the policies. 8.02. Personal Property Insurance, Morrison shall also obtain and keep during this Lease, at its sole cost and expense, insurance on its personal property, to pay for losses by fire, storm, water damage, or other casualty. 8.03. Indemnity by Morrison. Morrison shall indemnify and hold the City harmless from all fines, suits, costs, and liability of every kind arising from: (a) Any violation or nonperformance by Morrison of any repre- sentation or covenant contained in this Lease which continues be- yond any applicable cure period; and (b) Any bodily injury, death, or property damage that is proximately caused by the negligence or willful misconduct of Morrison or any of its agents, employees, or contractors. The indemnity set out in this section shall not apply to matters caused in whole or in part by the city or anyone acting for the city. 8.04. Indemnity by the city. The City shall indemnify and hold Morrison harmless from all fines, suits, costs, and liability of every kind arising from: (a) Any violation or nonperformance by the City of any repre- sentation or covenant contained in this Lease which continues beyond any applicable cure period; and (b) Any bodily injury, death, or property damage that is proximately caused by the negligence or willful misconduct of the city or any of its agents, employees, or contractors. The indem- / PAGE 9 r m r, I r nity set out in this section shall not apply to matters caused in whole or in part by Morrison or anyone acting for Morrison. 8.05. Waiver of subrogation. The City and Morrison waive any rights they may have against the other because of any loss or dam- age occasioned to their respective property, the Leased Property, its contents or to any other portion of the Moore Building, arising from any risk which is covered by the current Texas State Board of Insurance promulgates form of property insurance and fire and ex- tended coverage insurance. The parties, on behalf of their respec- tive property insurance companies waive any rights they may have against the other or their respective employees, agents, or invi- tees and all rights of their respective insurance companies, based upon an assignment from their insureds, Each party agrees to give to each insurance company written notification of the terms of the mutual waivers contained in this section and to have the insurance policies properly endorsed, immediately after the effective date of this Lease. The foregoing waiver shall be effective whether or not the parties maintain insurance on their respective properties. 9.06. Notice of Claim. Morrison shall. give written notice to the City within ten (10) days of the date Morrison receives notice of a claim for damages for bodily injury or property loss arising from some condition or use of the Leased Property or the Temporary Use Property by any person who is not an employee of Morrison. ARTICLE IX. TAXES 9.01. Taxes. Morrison shall pay before delinquency, any and all taxes, fees or other assessments levied, imposed or assessed against the Leased Property, Morrison's leasehold interest, equip- ment, furniture, fixtures and personal property, during any Term of this Lease. 9.02. Reimbursement for Increase in Ad Valorem Real Property Taxes. Beginning with the tax year 1994, and for each tax year thereafter, the City shall reimburse Morrison fifty percent of any increase in ad valorem real property taxes assessed against the Leased Property if such tax increase results from an increase in the appraised value of the real, property by more than one hundred and three percent (103%) of its assessed value in 1993. This pro- vision shall not apply to any increase in real property taxes re- sulting from an increase in the appraised value of the real pro- perty subject to this Lease because of improvements or additions made to the Leased Property by Morrison after January 1, 1993. This provision applies only to real property taxes assessed by or ~ on behalf of the City of Denton, Denton County, and the Denton County Independent school District and shall not include any new 4 PAGE 10 i Aponrfa PJo.._6~ - Wio .real property taxes levied, imposed or assessed by or on behalf of any other taxing entity or unit. The reimbursement tax payment shall be made within sixty days of the date Morrison submits to the City documentation that Morrison has paid ad valorem taxes for which reimbursement is due o under this provision, except that if Morrison is delinquent in the payment of any rents, utilities, or other monies owed to the City under this Lease, the City may deduct that delinquent amount from the amount to be reimbursed to Morrison for ad valorem taxes under this paragraph. X. CANCELLATION BY THE CITY 10.01. Default by Morrison. If Morrison fails to comply with any of the terms of this Lease, the failure shall be considered a default and the City shall. give Morrison written notice of the breach and request Morrison to correct the breach. Should Morrison fail to correct the breach within sixty (60) days following receipt of the notice, the City shall have the right to terminate this Lease by giving Morrison written notice of termination. This section shall not apply to a breach of section 5.02 (Billing) or a violation of section 7.02 (Truck Routes). 10.02. Default by City. If the City fails to comply with any of the terms of this Lease, the failure shall be considered a default and Morrison shall give the city written notice of the breach and request the city to correct the breach. Should the City fail to correct the breach within sixty (60) days following receipt of the notice, Morrison shall have the right to terminate this { Lease by giving the City written notice of termination. 10.03. Removal of Personal Property. Upon termination of this Lease, Morrison shall have the right to remove its trade fixtures and personal property if the removal does not cause damage to the Leased Property. Morrison shall remove all personal property from the Leased Property within ten (10) days after the termination and should Morrison fail to do so, the city may elect to retain posses- sion of the property or sell the same and keep the proceeds or have the property removed at the expense of Morrison. 10.04. Repairs. Where, upon termination of the Lease, the fixed improvements become the property of the City as provided herein, Morrison shall repair, at its own expense, any damage to the fixed improvements, resulting from the removal of personal. l leave the Leased conditionawith hall other improvements in Propert placei,n ordinaryawearland C tear excepted. \ PACE 11 A011da No, AgeridallFlfg1GS 10.05, NO Waiver. Failure of the city to declare this Lease terminated upon the default of Morrison or the acceptance of rent- als by the City after default shall not waive the right of the rent- to cancel this Lease for a later default. Q city XI. MISCELLANEOUS PROVISIONS 11.01. Entire Agreement, This Lease constitutes the entire understanding between the parties and supersedes all prior or inde- pendent agreements between the parties covering the subject matter hereof. Any change or modification hereof shall be in writing and signed by both parties. 11.02. Subletting OT Assignment. Morrison shall not rent or sublease the Leased Property or assign this Lease without the prior written consent of the City, 11.03. Lease Binding on successors and Assigns. All cove- nants, agreements, provisions and conditions of this Lease shall be binding upon and inure to the benefit of the respective parties hereto and their legal representatives, successors or assigns. 11.04. Severability. if any provision of this Lease shall be declared void or illegal by any court or administrative agency having jurisdiction, the remaining provisions shall continue in effect as nearly as possible in accordance with the original intent of the parties, 11.05. Notice. Any notice given by one party to the other in connection with this Lease shall be in writing and shall be sent by registered mail, return receipt requested, with postage and reg- istration fees prepaid, as follows: If to the City, addressed to: If to Morrison, addressed to: City Manager The Morrison Milling Company City of Denton 215 E. McKinney s19 E. Prairie Denton, Texas 76201 Denton, Texas 76201 Notices shall be deemed to have been received on the date shown on the receipt, if sent by certified mail, or on the date received, if delivered by hand. 11.06. Headings. The headings used in this Le.ise are in- \ tended for convenience of reference only and do not define or limit the scupe or meaning of any provision of this Lease. PACE 12 0 { 1y)ondo No. -.0Z- wD/.S~W Agenda hem 11.07. Tolling of Time. Whenever a period of time is pre- scribed in this Lease for action to be taken, the party required to take the action will not be liable or responsible for, and there shall be excluded from the computation of time, any delays due to strikes, riots, acts of God, shortages of labor or materials, war, Applicable Laws, or any other, causes which are beyond the control " of the party, excluding financial inab_.lity. IN WITNESS WHEREOF, the parties have executed this Lease the day of 1992, CITY OF DENTON, TEXAS, THE CITY BY: AOB CAST'LEAERRYT MAYO- R ATTEST: JENNIFER WALTERS, CITY SECRETARY AY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: ~ THE MORRISON MILLING COMPANY BY: TITLE: ewNocs139205.3 PAGE 13 1 tea./ F -L i 1- L LI ~ ~ l~ f .-4::i r { zr ~r rzr, ~r,xrt~+ ICOUNCIL Ell ir3;.r. i ct;- lop G i l~1 i ± fir. t t ►rE,# t anooaQOc;av., j' i i„~., f _ t i+ k i-~ ' a c t r,: f~,}rf O~el ; j 4 Al 4' 1 tt r. I " 1 t, ii CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Purchase of Land for a City Park RECQMMENDATION: c Approval. of an ordinance which approves a contract finalizing the purchase of 200.39 acres of F.D.I.C. property located on Teasley Lane between Londonderry and Hobson for a park. SUMMARY: Approval of this ordinance will place this land under contract with the F.D.I.C, in order to conduct an environmental assessment study prior to the final closing on this property. This purchase is recommended for approval by the Parks and Recreation Advisory Board. BACKGROUND: The Comprehensive Master Plan for Parks identifies a shortage of park land in south Denton. This shortage was also voiced by residents in that area at recent neighborhood meetings. The purchase of this property will allow the City to address this shortage as this property is developed. PROG _ S. DEPARTMENT OR GROUPS AFFECTED: Once developed, this community park will provide leisure services to the residents of this area for years to come. FISCAL IMPACT: This purchase will increase the city's operation and maintenance costs to maintain the 200 acres as well as any improvements to the property. RESPEC UL/L'Y SUBMITTED: Lloyd V. Harrell ~y City Manager Pre red y: c_ Name net Simpson Title Park Planning ordinator Approved: Name 4EXecee y -11 n Title ir ector for. Municipal services/Economic Development V. 1 1 No ula No Agenda Item, ICS 1015 r ti D CITY of DENTON, TEXAS MUNICIPAL BUILDING / 215 E. McKINNEY / DENTON, TEXAS 76201 M E M O R A N D U M 0 TO: Mayor and Members of City Council FROM: Betty McKean, Executive Director for Municipal Services and Economic Development DATE: April 28, 1992 SUBJECT: Land Acquisition for Park Site Attached for your consideration is the contract for the purchase of 200.39 acres of land located on Teasley Lane between Londonderry and Hobson in South Denton for use as a park. The F.D.I.C., who is the owner of the property, has approved the City's offer of $500,000 for this site. With your approval, the contract will be returned to the F.D.I.C. for their signature. At that time, staff will have the property examined and will conduct a feasibility study through an Environmental Engineering firm prior to the closing date identified in the contract. This property was first presented to you on February 18, 1992, in a staff report which analyzed the potential of the site to be used as a public park. The report cited the property's highly accessible location near I-35E, its proximity to major thoroughfares, its size which allows flexibility in development and broadens the scope of potential uses, its drastically reduced price, and the overall physical suitability of the site for a community park. Another issue discussed in the report was echoed in the recent neighborhood meetings held on the use of 1986 Bond funds. That issue is the deficit of park land available to South Denton residents. As stated in the report, "The Parks and Recreation Master Plan identifies a shortage of both neighborhood and community park land in this area of the community. It recommends a community park be acquired and developed for this area and that a recreation center and community pool. be located in that \ park. In addition, a community park of this size would 8171566.8200 DIPW METRO 434.2529 Aymb No. April 28, 1992 D/ Z Page - 2 allow for the development of much needed picnic facilities, playground areas, walking and jogging trails, and tennis courts. The size of the park would also allow for a future athletic complex which would prevent overuse at other park locations." , It is a rare event when an obvious and expressed public need evolves simultaneously with the availability of the needed resources and funding to obtain that resource. It is the opinion of the staff and the Parks and Recreation Advisory board that the purchase of this property represents a truly provident action which will benefit the citizens of Denton for decades to come and, therefore, respectfully recommends the approval of the attached contract. Bet y cKea Attachment AJJ00362 r. rF /YwO300, ApinUa May 1992 NW - J.- - ' EXECUTIVE UUMMARY REGARDING THE y 2i PURCHASE OF 200.39 ACRES FOR A PARX f Recognizing the deficit of park land and facilities in Souuth Denton, the City of Denton began discussions in January, 192, regarding the purchase of a 200.39 acre tract of undeveloped land on Teasley Lane between Londonderry and Hobson. This land, owned by the Federal Deposit Insurance corporation, was originally offered at $3.1 million with 1990 tax records i ndicatited by appraised value of $726,482. An independent appraisal the City indicated an estimated market value of $1,000,000. The F.D.I.C. has approved the City's offer of $500,000 to purchase t is site for park purposes. The $500,000 equates to approximaely $2,500 per acre which is the price of agricultural land around Denton. In addition to the favorable purchase price, the property exhibits excellent potential for a community park development. With frontage on Teasley Lane and Hobson, and its proximity to Interstate 35-E, the site will be highly accessible to the public. The site location, adjacent to several single and multi-family residential developments, also adds to the site's value as a park. The site is "L" shaped with a variety of physical features and topographic relief, The western sections of the property are wooded with oaks and have slopes of five percent to six percent. The eastern section of the property levels out into the floodplain which is about 500 feet wide running the length of the property from north to south along Teasley Lane. At recent neighborhood meetings to discuss t s 'k landimplementation iti of 1986 Bond Funds, citizens expressed support acquison In South Denton. This need is also outlined in the Parks and Recreation Comprehensive Master Plan which identifies a shortage of and both neighborhood irecommendsunatycompark munityn park this s aarea of the community. . developed for this area. A community park of this size would allow for the development of much eededpi tennis couir ses, 'Iplayground areas, walking and jogging trails, a the park would also accommodate a future recreation center as well as an athletic field articularly smaller neighborhood parks. at other park locations, particularly With this consideration, it is recommended that this site be considered for acquisition by the City of Denton for use as a public park. The property's location in South Denton where a deficit of park land exists, its proximity to major thoroughfares, its size which allows flexibility in development and broadens the scope of potential uses, its drastically reduced price, pand the ark make overall physical suitability of the site for a community p this site a unique and attractive opportunity for the City, This purchase has been recommended for approval by the Parks and Recreation Advisory Board, The Planning and zoning commission and \ the "91" Committee have been briefed on this purchase and concur with this recommendation, c Appraisal Report is attached. r` 7 Apen0a Item_ 41 J. A. ilineley, MAX Suite 612 First State Bank Bldg. Denton, TX 76201 March 21, 1992 Mr. Steve Brinkman Director of Parks and Recreation City of Denton Denton, Texas 76201 Rat 200.3908 grouse Abut, 616, and 1007, City and County of Denton, Texas Dear Sir: In accordance with your request, r inspected the above referenced property March 2, 1992 for the puspoea of preparing the following narrative appraisal report. No responsibility is assumed for legal matters nor is title opinion rendered, assumed as fee simple under prudent management and ownership. This study conforms to regulations and procedures, and La, subject to the Appraisal Institute Code of Ethics and Standards of Professional Practice. I certifys to my knowledge, statements of fact are corractl my fee is not contingent on predetermined conditional I do not have or contemplate interest In the above referenced propertyl I prepared analysis and conclusions without bias to matter or parties involvedl I have completed the Appraisal Institute's continuing education program requirements. Market value should not be confused with possible nor probably sale price ' based on observation of sales of foreclosed properties and their subsequent "flips". Probable purchase price includes subjective reasoning much as the need to reduce inventory. Market value definition includes normative conditions not reflected In subjective reasoning. Fanning and Asmociatas' January 14, 1987 appraisal was $2,000,000, and March 27, 1989 was $1,700,000. My June 25, 1990 appraisal was $1,400,000. L. R. Denton and Co.'s May 25, 1.990 appraisal was $710,000. J. R. Kimbell of Ft. Worth, Texas reportedly appraised the subject. His appraised value is unknown, but is probably higher than L. R. Denton and Cc;^pany's as it was not presented to the Denton Appraisal District. It is offered at $7801000, a 58.9♦ reduction, and recent contracts of $650,000 and $525,000 that fell through. observation of FDIC amset liquidations indicate the subject could have been purchased for $532,000, but because the $525000 contract fell through the subject can probably be purchased in the $500,000 range. Point estimate of market value "as is" as of March 2, 1992 is $11000,000. Resprctfully submitted, J A: Fiineley, MAI F SITE ASSESSMENT AND ANALYSIS OF 200.39 ACRE PROPERTY ON TEASLEY LANE JANUARY 1992 CITY OF DENTON PARKS AND RECREATION DEPARTMENT r, F Nnmla No. Ap mda Ilam-/.Sz ~ 7~~Z TABLE OF CONTENTS page 2 I, Introduction . . . • , • ' 1 ' ' ' ' 2 s II, Location and Adjacent Land Use . . . • . . • ' ' ' ' III. site Assessment. . . . . . 6 IV. Master Plan Considerations . 7 V. Evaluation and Recommendation . . . . . . . r Agenda Ilen,_, I. INTRODUCTION Ik~lo __.~~y~ The Federal Deposit Insurance Corporation {F.D.I. ) is currently offering a 200.39 acre site for sale on Teasley Lane between Londonderry and Hobson. originally offered at $3.1 million, the property0s current market value is approximately $4500000 to $525,000 due to location, development costs, and current housing market conditions in Denton. The market value is a Broker's Opinion of Current Value for the property as ' provided by a RMG commercial real estate broker. The 1990 tax records indicate an appraised value of $726,482. As determined by the broker, the highest and best use of the subject property is speculative Land Investment or Park. The purpose of this report is to analyze the potential of this 200.39 acre site to be used as a public park. r, II. LOCATION AND ADJACENT LAND USE This is a 200.39 acre site located in south Denton on Teasley Lanb, FM 2181, between Londonderry and Hobson Lane. The property is approximately 1,500 feet from Interstate 35-E and is, therefore, highly accessible to the public. The site is located in Council District 4 and Census Tract 213.02 which has a total population of 71428, the highest census tract population in the city. There is approximately 3,800 feet of frontage on Teasley Lane which serves an the property's east boundary. Teasley Lane, FM 2181 is currently a two-lane astrhalt road with improvements scheduled by the State Department of Transportation to begin to the Fall of 1992 which will upgrade 2 r Morida No. nkal~nat kr.. the road to four lanes divided with left turn Savhnah, Longridge, and Sand Piper. ~1~~ Se~ut id subdivision, an established residential development, is a so east of the property (Zoned SF-10). The City currently leases a small open area from the Denton Independent School District (DISD) at Teasley and Longridge. The DISD property is undeveloped and is managed and maintained by the Parks and 4 Recreation Department under the cooperative agreement with DISD to insure futurre park needs for this area. d The southern boundary of the property includes Trinity United Methodist Church (Zoned A) located on Hobson, just west of Teasley, The subject property has 2,371 feet of frontage on Hobson which is a two-lane divided asphalt road. The Forrestridge subdivision, another established residential development, (Zoned SF-16) lies to the south. Acme Brick Corporation operates a brick manufacturing plant on property adjacent to the site on the west (Zoned Special Use, 8-3, S-41 S-20). Another contiguous site to the west which fronts onto Hobson is zoned agricultural (See Attachment 7). Multi-family and small strip commercial development (Zoned MF-1) adjoin the property to the north. There is one access point to the property off Londonderry at Jason Drive. The subject property is zoned Pp-103 which was filed in 1985 and proposes single family and cluster housing residential uses, See Map 7 for current zoning boundaries. The land uses surrounding the site provide for a stable neighborhood with potential for, expanding residential / development. r 3 hrjenda Ne, "1L1~ mto III. SITE ASSESSMENT The site is "L" shaped and slopes from west to the M southeast with the high point of the property occurring in the far west corner of the property. The site is fenced and is 'Ile currently being leased for cattle grazing. The site slopes approximately 63 feet to the lowest point on the property in Fletchers' Branch of Hickory Creek which runs to the south through the property. The southern section of the property offers the most significant topographic variation with grades between 5% - 6%. The far northwest corner of the property also has slopes up to 5%, then levels out into the floodplain with grades less than 1%. This section of land would a typically lend itself to athletic field development since this use would not affect or obstruct runoff, This area of the site also receives runoff from the Acme Brick property to the west primarily consisting of sediment from clay pits, An Environmental Assessment would need to be undertaken at a base cost of $2,5oo. This would include research of regulatory literature to determine if the site was used for an underground storage or disposal site, study of aerial photos, a site assessment, location of utility lines, research of any existing environmental reports on the property, identification of soil types based on USDA Soil Surveys, profile of geology, and identification of adjacent land use,n and their impact on the site.. This is referred to as a Phase I Assessment. If any problems or concerns were identified in Phase I, a Phase 4 Aq nnda No, 11 Assessment might be needed. This includeq,R,94,sampling ate various depths, depending on the suspected).'IVr--oblcm-- ---Qost 6- lv 2i estimates for soil testing begin at $500-$600 per soil borin " and increase to $1,500 per soil boring if heavy equipment is required. Soil testing is advised to determine not only the suitability of the soil for various types of development, but also to test for any possible contaminants due to runoff. No more than five soil samples should be required at this site. it is not anticipated that these bores will require the use of heavy equipment and should cost $500-$600 per sample. Aside from the Fletchers' Branch, there is a small retention pond on the southeast edge of the property, Approximately 71 acres fall within the 100 Year Floodplain with over half of that acreage in the Floodway. The ' Floodplain is linear, about 500 feet wide running the length 4 of the property from north to south along Teasley Lane, The location of the floodplain and Floodway will restrict access onto the property from Teasley. The most feasible entrance off Teasley would be opposite of Savanah where a roadway could . curve around the floodwayy without having to construct a bridge as would be necessary at any point south of Savemah. Adequate access is available on Hobson as well as one point of access off Londonderry at Jason Drive. Typically, no development is allowed in the floodway and restricted development in the 100 Year Floodplain. Another factor affecting development of the site as a park is plant cover, particularly established tree communities. Mesquite trees occur throughout the floodplain and lower sections of the property in substantial quantities 5 Plitfa NO, ~ that could be thinned out in certain areas tR allow for L desirable land patterns and provide for athltlia._fisld___.~ y2~ development where needed. Hardwood trees also exist along e banks of Fletchers' Branch and on higher sections of the site off Hobson and near the Acme Brick property. Some reforestation would be required to supplement the current tree 9 population as well as delineate land use within the site. Most reforestation could occur in phases along with any development. It is recommended that 50 trees be planted each year for the next five years at a cost of $120 per tree ($61000 per year) to establish a healthy, diversified tree population, provide beneficial buffers between adjacent land uses, and aid in beautification efforts, Although no infrastructure exists, this is not a critical factor for initial development of passive park uses. A 1411 water itne. runs the entire length of Teasley on the west side. There is a 1611 water line on Hobson as well as sewer lines. Electricity is also readily available. IV. MASTER PLAN CONSIDERATIONS The Parks and Recreation Master Plan identifies a shortage of both neighborhood and community park land in this area of the community. It recommends a community park be acquired and developed for this area and that a recreation center and community pool be located in that park. In addition, a community park of this size would allow for the development of much needed picnic facilities, playground areas, walking and jogging trails, and tennis courts. The size of the park would also allow for a future athletic 6 AgondaNo. Agenda IEom__._s . ' _ complex which Would yyn prevent overuse at oti~~--park-40C aeet~i, particularly smaller neighborhood parks. Additional p k fa cilities in this area include Joe Skiles Park, a six acre neighborhood park, located at Stonegate and Stemmons Freeway and currently serves this community, providing ball fields, a basketball court, two tennis courts, playground, and picnic facilities. Denis Park and Recreation Center is also located in the southwest sector of the City, serving primarily its adjacent neighborhood. V. EVALUATION AND RECOMMENDATION It is recommended that this site be considered for acquisition by the City of Denton for use as a public park* The property's location in South Denton where a deficit of park land exists, its proximity to major thoroughfares, its eize which allows flexibility in development and broadens the scope of potential uses, its drastically redt,zed price, and the overall physical suitability of the site for a community park make this site a unique and attractive opportunity for the City. Initially, the property would remain in its natural state until funds can be secured for some type of park development. If and when development does happen, initial access to the site will be off Hobson or Londonderry. Access to Teasley could happen, but it would be expensive if bridging across the floodway were required. The site is adequate to handle any type of park or recreational development that might happen in the future. The attached land use plan identifies these basic patterns for development. b 6 Initial budget impact could be minimNhd---i-€-A-he/eyrren lease were retained, allowing the property to exist In its current natural state. Once the property is developed, that maintenance cor'- could increase to $2,000 per developed acre. Once any major development occurs, additional maintenance personnel would be needed the following budget year to prevent q any negative impact. on the overall park system. The funds to cover a possible purchase could potentially come out of the $2.7 million remaining in 1986 Bond Funds. There would need to be some discussions with the Park Board, several piiblic meetings to receive input about allowing this expenditure, and some subsequent approval by the Council. r, e C A 7. V Al r .s Agontla No. [lit a a Attached are the following documents: • Location Map (Attachment 1) • Property Base Map (Attachment 2) * Zoning Plan for PD103 (Attachment • 100 Year Floodplain Map (Attachment 4) • Excerpt from Comprehensive Master Plan (Attachment 5) • Excerpt from RMG Brokerage Analysis (Attachment 6) * Zoning Map (Attachment 7) ,r 9 `t II I I INTERSTATE 33 kenda No Fill . I t ti~ f 1 L ~----7 P'' Mry LIMIT! J r i Leo c N~ NTON AIRPORT ti 5 17E / L INTERSTATE 35 ~ ~ - • u -tire moo / I~ Y / lI rJ t f, ATTACHMENT 1 man 1 ~i tt I NjoiiOa No. Agenda Ilem. v J" III I 1 IpMNfl• LH. ►lllt N~uy1P ue u as 11~ 1• II/A.I Y' I Ii I 1% ~ i uw fL1 II r r ~ _ ~ i IF{ f1 • t I r• y I z I I I I I • i I f71,f1, I I I 1 r ~5 1 tin 04, HOASOW ATTA4^,HM;:NT Ir C~~ j '~rjonda PJo. ,w.112_ f r I 7:~ +~I I I I 1 I ~ i ~ ~ 1i= ♦ i 10 i I r w w ♦ r. r i i . •'r ,.rr rrrrrr s. rrrr w r 4r r• I' ww 1 ..nr ~ - 1 1 .I ww w r 'Y rr r ~ rwr r ~ rw .4d, gow 04. r I 77 A .•Jrr s•• ~ ,y, :r r~ ZCPIVllva • c O_ R S SSCC1 T FLA_IEXA$ ~dCd1ig'o MAY 0 8 1995 ATTACHMENT 3 <i t`r Npida No, ,r Agenda Ilen,_-flf;;~S _..___s5_ rT R110 a T r '~1;0 ?04 T 0S, i n I ~ ~ T R 'SFT O LOk0Uy0Enpy r y STREET x ZONE x LIMITZOofNE w OETAILFII STUDY ZONE X, 636 ° ' ;r + ZONE AE aayA„ ZONE X r X :I E 62B f f i ZONE X y~+ Frarhi~ Branrh ZONE X ti 625 LONG R1008 , f OR+ve 04 , f ' ZONE X am 0 621 Jf 4ANOM_ OR1V ~o ZONE X g orv LANs _ W AM 39 !6 ---i_ x ZONE? X„ ° I ZONE X I; ZONE X i C ZONE A 612 ATTACHMENT 4 ZONE X, , ZONE X +r.Mar+recrtooR~ve r r. • 1 le7 10, Adonda No.~ Aponda Honj~l_ + 7- D., 1o L= f~Je~ _ r.~CJ ~1a.2,i DENTON PARKS AND RECREATION DEPARTMENT COMPREHENSIVE MASTER PLAN ATTACHMENT ` r, Agenda No.. Agenda Ilent_I.es - [YAQ "S. J G ~l I s lee ~ WI ' W i \ `L i I Numbers note Parks & Recreation Oegartment Planning Zones r. is Aawida W. FACILITY/OPEN SPACE _PROJECTIONS -FOR_`TN}erPL%~S f`aZ Neighborhood Community' RegiR'i~a+--"~ ~v j~j Est. _Pop; -Park Acres AP Park Acres Park Areas a_bt_a_1_cr-~;_ Existing 47 150 310 507 52,000 156 260 260 676 55,000 165 275 275 715 58,000 174 290 290 754 61,000 183 30S 305 793 64,000 192 320 320 832 67,000 201 335 335 70,000 210 350 350 91871 0 10 Standards; Neighborhood Park 3 acres/1000 pop, Community Park 5 acres/1000 pop. Regional Park S acres/1000 pop. n Type; Neighborhood (Type I) size 1-S acres Neighborhood (Type II) size 10-15 acres Community Park size 30+ acres Regional Park size 200+ acres Facilities: Neighborhood (Type I 8 II) Community Re ional ~ " - "Playfields *Athletic fields *Natural areas *Play areas *Play area *Outdoor recreation *Picnic areas *Picnic areas *Special interest *Shelter(s) t, *Shelters *Hard surface area *Hard surface area "Recreation facilities Existing Standard Difference Zone 1 - Population 4488; Neighborhood Park Acreage 5 13 -8 Community 40 2.) +18 Zone 2 - Population 10766; Neighborhood Park Acreage 10 32 -22 Community 0 54 -54 Zone 3 - Population 15532: Neighborhood Park Acreage 0 45 -45 Community 20 75 -55 Zone 4 - Population 10859; Neighborhood Park Acreage is 33 -18 Community 20 55 -35 Zone Population 4220; / Neighborhood Park Acreage 0 13 -13 Community 25 21, +4 Zone 6 - Population 6207; Neighborhood Park Acreage 16 19 -3 Community 0 31 -31 17 - r G there is a clear deficiency of accessil~anciaark-anbelow At present, We are approxlmately~~gh_0T sparks our n,,ighborhood areas en space. Existing 30~ of Denton's standard for this type adequately serving welyare proposing a re , oth~ at present, that percentage population. To increase following: 1) Work with the DiSD to identify and lease certain ThectCLtY property to create school/park sites. approval school then maintain lop sis with ark sites can be would then maintain and evway, manye newtep of the DiSD. schools would secured without any purchase of land. The sc additional benefit due to reduced maintenance costs outdoor equipment and facilities for their students. We would suggest that all school si t85wb considered8except Strickland, the High School, ark system six new school/park This would bring into the park services to approximately sites and would ncrease Denton. 5o% of titre population lease land from individuals, businesses, churches, z) Try to etc., in or around the Thrieosreity pri arreas agencies, schools, ark development map. Indicated on the p arks could be areas are areas their himmediateh areas. If residential density but o -3 in not have Par these areas, we would th secured in 9o$ of Denton 's populations! park services to approximately en be providing dequate ) if land cannot be secured °nwea wouldQOQfOpose the City hood neighbor recommendations one and two, targeting institute a land acquisition program park sites, Communitv Parks of approximately 100 acres in the amount u of also have a deficiency adding on to exIs'tInge e proposingblel To keep up with nt; town of community park land that wsehoa=d b community parksvandpacquiring new sites in two usrupstoostandard: communty recommendations will hopefully bring following acent to Evers Park, Mack Park and Denia 1) Acquire land adi Park for future development,. Tanning areas two 2) ark sites in P 30 acres each Acquire two new community p sss f3 re must and six. 'phew sites should be In excess of possible, and located as centrally In each area as also take into account areas of natural uniqueness. Linear Parks beautification and a way to prr,vlde buffer, These parks are Linear park's are a as# e passive ap and possible on drainage Yi 19 Agondd No. ZONE/RECO~QIENDATIONS Agorndallvm_ To facilitate planning act).vities, the Parks'c and Rec i.o` Prl~ Department has divided Denton into planning zones marked by major thoroughfares. The zones fall into logical and relatively homogeneous areas, but because of differences in housing density, it is not possible to have zones of similar population. These planning areas are easily recognizable neighborhoods and communities within the City. In attempting to analyze the recreation needs of the City, it is helpful to divide it into smaller units. The biggest reason for this more localized consideration is to allow for , demographic differences from neighborhood to neighborhood, Also, people tend to dislike crossing barriers such as I-35 when they seek parks and recreation services Planning Area L lie * Light athletic complex at Evers " Re-develop Evers Park Re-develop North Lakes Park " Expand development at Bowling Green Park Acquire and develop 10 acres for neighborhood parks * Develop soccer complex at North Lakes * Expand tennis center * Construct district pool Planning} Area 2 * Build school/center " Re-develop Nette Shultz * Develop school/park site at Ginnings Acquire and develop 25 acres for neighborhood parks Develop one community park * Develop Windsor Drive park site Planning Area 3 Re-develop McKenna Park * Develop school/park sites at Razor and Congress * Acquire and develop 25 acres for neighborhood parks Planning Area 4 " Re-develo Civic Center Park, Fred Moore Park, Phoenix Park, Mack Park and Milam Park * Develop Woodrow Lane site " Acquire and develor) 25 acres for neighborhood parks * Developp school/pant sites at Davis and Lee Build handshell in Civic Center Park " Construct community center in Mack Park area * Construct two lighted softball fields at Mack Park l - ( 29 ZONE/ REC001E`IDATIONS Agandaftem S' y To facilitate planning activities, the Parks to and ec e t' or Department has divided Denton into planning zones marked by major thoroughfares. The zones fall into logical and relatively homogeneous areas, but because of differences in housing density, it is not possible to have zones of similar population. These planning areas are easily recognizable neighborhoods and communities within the City. In attempting to analyze the recreation needs of the City, it is helpful to divide it into smaller units. The biggest reason for this more localized consideration is to allow for demographic differences from neighborhood to neighborhood. Also, people tend to dislike crossing barriers such as 1-35 when they seek parks and recreation services. Planning Area 1 4r Light athletic complex at Evers " Re-develop Evers Park Re-develop North Lakes Park " Expand development at Bowling Green Park Acquire and develop 10 acres for neighborhood parks * Develop soccer complex at North Lakes Expand tennis center Construrt district pool PZannin~2 " Build school/center " Re-develop Nette Shultz " Develop school/park site at Ginnings * Acquire and develop 25 acres for neighborhood parks " Develop one community park " Develop Windsor Drive park site Planning Area 3 * Re-develop McKenna Park Develop school/park sites at Razor and Congress " Acquire and develop 25 acres for neighborhood parks Planning Area 4 Re-develop Civic Center Park, Fred Moore Park, Phoenix Park, Mack Park and Milam Park * Develop Woodrow Lane site Acquire and develon 25 acres for neighborhood parks * Developp school/park sites at Davis and Lee Build bandshell in Civic Center Park " Construct community center in Mack Park area * Construct two lighted softball fields at Mack Park 29 ti .y a P ~l a n -n i ; Area i AAc(MleOnf1tdlu JNllodl.q..__~(~//C . * Re-develop Denia Park ti * acquire and develop 10 acres for neighborhood parks * Re-lamp fields at Denia for girls softball D Planning_ Area 6 * Re-develop Skiles Park and Briercliff Park * Acquire and develop 5 acres for neighborhood parks * Develop school/park site at Houston * Construct school/center * Construct district, pool r, 3Q e i /v3ontlu tlo..----_-vj; _QZ_`J-__--- le, Agnnifa Itom.s . INVESTMENT PROPERTY OFFERING~ Rm 9 COMMERCIAL t, R MANAGEMENT GROUP < BROKERAGE, LEASING AND INVESTMENTS LICENSED REAL ESTATE BROKER ` ATTACHMENT s F Agonda No. Agenda Item SUBIMARKET few residential construction averages approximately 125 units per year. Presently, there exists over a 10 year supply of residential lots at this continued rate of absorption. F Current planned lot development (Preliminary plat stage) exceeds an additional 2 year supply. An over sized lot development abuts the property from the south. And although they afford an attractive alternative to the smaller lot developments found in Frisco and Lewisville, absorption has been slow, Lack of adequate infrastructure (le, sewer) will continue to hinder future development of properties which are not currently serviced. Given the slow growth of the Denton economy, their exists little optimism that bonds will be issued for making any improvements to new developments until existing lot inventory declines. The proximity to the regional mall and ease of access to Interstate 35 do enhance the property's location, however other more suitable (sue and lower development costs) would appear to command superior opportunities for development. Other limiting conditions effecting the desirability of this property is its proximity to the industrial manufacturing plant. RECENT SALES ACTIVITY Per attached. r, C Apr;nd3 SITE DESCRIPTION The subject site consists of approximately 200,3908 acres of unimproved land located within the Denton City limits, Denton County (refer to location map), The tract is irregular in shape and includes approximately 3,800 feet of frontage along FM2181, known as Teasley Lane (East Boundary), Approximately 2,370 feet of frontage is situated along Hobson Lane which is the southern boundary to the property. Both Farm to Market roads are two lane asphalt roads which intersect just east of the subject property, The site slopes downward from west to east with the highest point along the southwest corner (clev,672) Approximately 71 acres (depicted by heavy white border-2) lies within the 100 year flood plain. A large portion of 71 acres is defined as floodway area (depicted by thin white border•1). The western portion of the site is bordered by Acme Brick Corporation who manufacture residential bricks for home construction. The northern property line is abutted by government subsidized housing and several small offices. The southeast corner of the p operty adjoins a small church. SITE ZONING Presently the property zoning is designated as planned development-103 (PD-103), This permits residential development whicL allows for one to ten ututs per acre. Additionally, the site is subject to a comprehensive site plan (shown in section 1) and made part of ; the PD. Commercial and industrial uses are not presently permitted or provided for in the approved PD. Residential communities to the south and east of the property constitute higher income single family residences on lots that vary from ,25 to 2 acre tracts. t UTILITIES Water is available through a 14 inch service line which travels along Teasley Lane. A 12 in sewer line currently services adjoining residential communities. City officials indicate that this service is not sufficient to service future development on this property. Electric is available and gas service is currently to the adjacent manufacturing plant. OCCUPANCY LEVELS The property is currently leased on a month to month basis for cattle grazing. Occupancy levels as such are not ap`pltcable. TAX INFORMATION 1990 Tax information Indicates an appraised value of $726,482. 1990 assessment was at a rate of $2.14/per 100, with total tax Ilability of approximately $15,603.37. Consideration should be given to rezoning the property or receiving an agricultural exemption as a means of reducing tax liability. , enna PJU, _._Q 7 ECHNICAL DEVELOPMENT ATTRIBUTES/CONSTRAINTS Avnna Given the lack of information to the contrary, reclamation of existing Floodway acrea; ~ is not permitted as a general rule. Reclamation of 100 Year Flood Plain acreage is permitted under supervised conditions by the Corps of Engineers, The current topography and soil conditions suggest inferior development conditions. Water runoff, erosion potential and slow to moderate permeability of soil considerations dictate that a thorough site and water runoff plan is needed to estimate costs for development, Typical studies as a rule will cost $20,000, to $25,000, and would be necessary in order to make an accurate estimate, A water retention pond would be expected for handling water runoff. This will require additional site work and possible dredging in addition to normal site Q development work and will minimize usable acreage. Utility capacity including gas, sewer (storm and sanitary) and electrical are undersized for any present development of this property (water, appears to be of adequate sizing). While some of these costs may be absorbed by the city or utility company(s), we would anticipate most of the direct costs to be incurred by the developer, Environmental considerations due to the proximity to Acme Brick Company will require a through investigation (minimal-level B with multiple soil borings). Estimated costs $15,000, to $20,000. Prepurchase investigative costs are estimated to be .5400000, to $50,000. before a developer could accurately estimate development opportunities or begin to line up financing arrangements. ECONOMIC A", DEVELOPMENT FEASIBILITY Under the present PD (excluding cluster, tennis club and park) approximately 106 acres are available and intended for lot development. This assumes a 25% infrastructure acreage allocation, net available acreage of 150 acres and takes into account lot sizing, Total planned development exceeds 514 homes or approximately 4 years supply of home lots for the entire Denton area. Given the following; (1) the current residential lot inventory (10 year supply); (2) current planned lot development-preliminary plat stage (2 year supply); (3) annual absorption (125 lots/yr.); (4) a phased development plan (note- this ultimately results in a higher overall infrastructure cost); (5) lack of available financing; (6) numerous location constraints (Proximity to manufacturing and government subsidized housing) and ('n excessive site preparation and assodated costs, the near terra (5 years or less), probability of an economically feasible project is unlikely. The only current realistic development opportunity would be in a multifamily project(s). Acreage requirements however, are minimal, umming 25 units to the acre, where overall acreage requirements would absorb no more than 25 acres (5Z5 total units), Current regional apartment occupancy is less than 90%, with average rates in the mid to high SO For foot range. Conditions do not favor immediate near term development (2 years or less). Additionally, (According to city planers) adjoining homeowners presently object to additional Multifamily development or high density residential usage. City planners appear to carry the same opinion. Hetall and industrial activity is not seen as a viable alternative now or in the future and would require zoning change. , AgWIdd NO, Age.odd 11°°7„ S r~ Further financial analysis normal! 0310 - - due to unknown site development costs nEst with a Opinion of Value are not a ons however the validity and reliability of thegrc entat o~oevelopment can be ppllbTe~ opinion. would reflect a highly subj cdti d'~ DEVELOPMENT HOLDING COST PROJECTION FOR ACREAGE Anticipate hold period - 10 years 4 Purchase price: acquisition costs- 5 15,000. Tots! costs- Purchase price- L-QIQM ~ $ 465,000, Anticipated holding costs: taxes and insurance- $ 10,000. Opportunity posts @ 8%. To Assumes tal Equity position S1,14 pop' financing costs Acreage basis cost 150 acres S 7,367, (Pre-development year 10) Normal a praisal techniques will tYP Y consider comparable sales, income proforma appropriate(estimate , or stabilized) and cost approaches in determinin and applicable sales transactions are unavailable and income market approaches are , the valuation then becomes subjective. The sub eCt When similar category and will most likely be purchased under long t consideration. Highest and Best Use Is Speculative property this Land dI Investment o lnveent or parameters and Competing Properties: Refer to attached list. Park. ' SuMMARy AND OPIMON OF VALLB The following 13rok'W' Opinion of Current Value for the subject property is subject to the limiting conditions noted and duacial assumptions expressed. Current present market 'value . S 450,000,00 (1) (1) Speculative/investor Land Value Agenda No. _=Cf~~•- Agenda I1e1`1•.1_S~ The basis for this determination is due to existing residential zoninet okra' t 3flj a cct usable acreage, estimated at 150 acres; site development costs; location and alternative properties (existing developed inventory); and the ability to acquire financing for near term development. THIS IS AN OPINION OF VALUE OR COMPARATIVE MARKET ANALYSIS AND SHOULD NOT SE CONSIDERED AN APPRAISAL. IN MAKING ANY DECISION THAT RELIES UPON MY WORK, YOU SHOULD KNOW THAT I HAVE 40T FOLLOWED OVER THE GUIDELINES FOR DEVELOPMENT Of AN APPRAISAL OR ANALYSIS CONTAI%ED IN THE UNIFORM STANDARDS Of PROFESSIONAL APPRAISAL PRACTICE OF THE APPRAISAL FOUNDATION. r r, A C l (1 's LM1(11dlVIATION 1101h broket. are obligated by law t ertity the t Iwve provided FOR A PROSPECTIVE to treat you honestly and lP rly. R.M ESTATE BUYER 71my must: the Pry clue Buyer or Tewwt will OR TENANT copy of this Isdonnallon. • Present all wripeu offers to the awrx,'r Pr~Y` When waking with a real eslak broker in • Disclose material facts about the property buying or kat* reel emus Tom law known to the broker, Broker or Sub, A&,.t iute~~ - recwtit~ct thM you bo iaforrnod o~ whom tho broke Is otW w tha traasgwa, . Offer the property without regard to race, AS a prospWve buyw or temW, creed, sex, reUgiou or rutlwrtal origui, ac)e( ti you shmM know dul';: 11 vale U you chose to have a real estate • Both the broker who lists property for solo br4er mpranil you as your agent, or km (tho listing btvaker) and the baker you should eater k" & written who daft with a buyer or tenant (the "co-: 1 have received, read and understand 11 " broker'' or "setli 60 broker) are usually coatrad infunnation. paid by the owsw mW are dw owner's • Clearly establishes the obligations of both 41000' ponies; and , • 7W dales, loywdo aad fwithfulaess aro • Prospective Buyer/Temnt owed io do owner, and dwy tnttst inform Sus out how your agent will be paid and or Its represeutative dteowrteragap itupoltaatLtbmtwioa they by wborn. know wlddt =Wd OW the owner's If have an torts deelsiat coamwag the tab or kart: of you any 9tx regarding the ptvaty. the riles aad tt~fpttrlsj6dltles of real estate brokent ask. Prospective 8uyer/1'enant o ro • While uemm broker is yaw sow, dw or its representalive a bMk= above M PMVWD aril sources of k ' b analyzing and ,►I Zo0 oompubs the kahm ~.il,,C~~..l..~.arrnd.. 00000li7j0 n • FAteawy m Iws been pruruulyWaJ by 0, d 7 ► a~w- WCiI U V 1 uue 0XIMUlMiMl for requir u \ '~"'w"+f you dts prrtpe tw aad Asswang (US Ii i'R yoin making an of er to pu'~ or uuciosurc Furm, l~ r. s 1+ Lrrwrrwarrrr r I rr ~ 1 _ MF-1 t HFR NS4 r -~C1C~ , nwc - 1 Y "S IIYbo . I I S-4 1%MF-1 t ~ MF 1 Ikf rwrrrwl MMMMMV 1 PO-103 all oil rr r , r •Jr,: .fit' ~0~... i .I. I Ali I~. `F: 0 rwwrr~ 1 I. r~l ,~rrrr«~rr.v,rr,f•ji' ~rr~ . S-Q f 1 I J C7 rrl rrwwrwrrrr~ dill ~I _ ~JL_... .-y ~ ~!'r4«;K(• ,1'( 1 _ ~ ~r! SKr.AtK !!1'I( r fV I ; iL i 544C?WGl__RY! JI.....~ wrrrrr I Cn PD-103 RSON y w r + I! ' I I ~1~L I POl .1 1 i«l cWONVIVrT j N I~ Ci 1 I 11NU1fiV ON. A ! uli~7 1 ~ rwr rr r•S y I G 3 k i+ h ILL i II 1' l ' f T9MfJ1 ,.'rNEEN ' I 1 \ ~ r rrr r r r J A vv7h ATTACHMENT 1PLIL G_-S cJ it ! Lrrr.~rrrrr+ Y. f PO51t;: Ptt.''; , u fi 1 t I' f I~ e Ngnda No. INDEX ggr,nd;i item--Z .Z, PURCHASE AND SALE AGREEMENHO (UNIMPROVED PROPER'L'Y) (CASH SALE) SECTION TIu PASS I. Sale and Purchase 1 " 2. Purchase Price; Earnest Money 1 3. litle_Commitme&= 2 4. Sepresentations and Warranties: Closing 3 5. Notices 8 6. QQ=i .5ions 9 7. Assigns 10 8. Gov=ing Law: Time is of the Essetlgg 10 9. ReMedies 10 10. conden,,n au 11 it. Entire Agreement; Interl2retation: $gverabillty; Attorney's FegE_ Counteruart; MMmoran jjm of Agrgem n 12 12. Di irr~eroWai< ,ver of Claip 13 13. F'gasjbijity fnsoectiott Period; Condition to Closing 14 14. Offer Ordly'Effective Date, 16 15. Conditioned Upon Committee Auoryal 16 16. Statutory Disclosures Regarding the Property 16 Exhibit "A" • P DescriUt~q Exhibit 1113" - rv~y Inst j4~ \ Exhibit "C" - Coastal Disclosur0 [Intentionally Deleted] Exhibit "D" - Utility Distdct Dj 1R= &andby-&m [Intentionally Deleted] ti 10. -i~ Agenda No. l 11L,_....._ Agenda lem_z~~_. .r [Ilia PURCHASE AND SALE: AGREEMENT J ~k" (UNIMPROVED PROPERTY) (CASH SALE) THIS PURCHASE AND SALE AGREEMENT (this "Ag[=fit") is entered into between the FEDERAL DEPOSIT INSURANCE CORPORATION, as Manager of the FSLIC RESOLUTION FUND, as Receiver for First Savings and Loan Association of Burkburnett and the City of Denton, Texas, a municipal corporation of the State 4 of Texas urgbg5 WI VNE SETH: In consideration of the mutual covenants and agreements set forth herein, the parties hereto hereby agree as follows: Section 1. SaIg anaardhm' Seller hereby agrees to sell, convey and assign to Purchaser without warranty and Purchaser hereby agrees to purchase and accept from Seller, for the Purchase Price (hereinafter defined) and on and subject to the terms and conditions herein set forth, that certain tract or parcel of land situated in Denton County, Texas, described in x i i " attached hereto and incorporated herein for all purposes, together with all and singular he rights and appurtenances pertaining to said tract, including, but not limited to, any right, title and interest of Seller in and to adjacent streets, alleys or rights-of-way (the "Pro Section 2. py ese Per S~ Farttest Monev(a) The purchase price (the "'ttrchaae Prick) for which Seller agrees to sell and convey the Property to Purchaser, and which Purchaser agrees to pay to Seller, subject to the terms hereof, is the amount of whFIV ich HUND plaza l be THOUSAND DOLLARS AND NO1100 ($500, in cash, wired funds, cashier's or certified check at Closing (hereinafter defined), (b) Concurrently with the execution hereof, Purchaser has delivered to the Title Company (hereinafter defined) cash or cashier's or certified check payable to the the Title Company In an amount equal to $25,000.0 aas ear present t o the check '~F~►+ o Monev The Title Company for payment. The Earnest Money shall be deposited in an interest hearing account and shall be held and delivered by the Title Company in accordance with the provisions of this Agreement. / gm U Page I - Denton 200 Land ((Denton)/Burkburnett 290492/05 ~ u Apynda No. lam?=U/, _ 4. Agr;ridn Ilem__ legq (e) Purchaser has delivered to Seller concurrently theretvitl~'t~uraser's cfr ee k in he amount of one hundred dollars ($100.00) (the "Option Fee"), which sum°'3~~ ~Z he parties bargained for and agreed to as consideration for the exclusive right to purchase the Property pursuant to the terms hereof. This Option Fee is in -addition to and independent of any other consideration or payment provided in this Agreement, is not refundable, and shall be retained by Seller notwithstanding any other provision of this Agreement, Section 3. Title omtnltmertf; urv v. (Ra) Within fift°en (15) days after the Effective Date (hereinafter defined) of this Agreement, Sever shall deliver or cause to be delivered to Purchaser the following: (1) Commitment for Title Insurance (the "title Commitment") from American Title Company (701 Commerce Street, Dallas, Texas 75202) (the "Title ompanv"), addressed to Purchaser, covering the Property and binding the Title Company to issue to Purchaser at Closing a Texas Standard Form Owner Policy of Title Insurance (the 'M Ul in the amount of the Purchase Price, with such 'T'itle Commitment setting forth the status of the title of the Property and showing all liens, claims, encumbrances, easements, rights-of-way, encroachments, reservations, restrictions and any other matters of record affecting the Property. `I'lre 'T'itle Commitment shall provide that the survey exception may be modified in the Title Policy, at Purchaser's sole cost and expense, to except "shortages in area" only, (2) A true and legible copy of all recorded documents referred to in the 'T'itle Commitment as exceptions to title to the Property, (3) A currently dated and certified boundary survey (the Pro of the party containing the information and meeting the requirements of the Survey Instructions attached hereto as i "11' and incorporated herein for all purposes. The legal description of the Property contained in the Survey, once approved by Seller, if different from the description contained in Exhibit "A" hereto, shall be substituted for the description of the Property contained in Exhibit "A", and this Agreement shall be deemed amended thereby, without the necessity of the parties hereto executing any further amendment to this Agreement. The Survey and certification thereof may be a re-certification of a prior survey of the Propert, if such survey otherwise conforms to the requirements of Exhibit "B", P/S Agmt(TX/U) - Page 2 Denton 200 Land ((Denton)/Burkburnett 290492/05 ' lam da N0. Agenda hnm__. fQ 1 - (b) Purchaser shall have ten (10) days from the receipt of the inform atit~rt~~? referred to in Section 3(a) hereof to examine the same and to specify to Seller in writing those items which Purchaser finds objectionable (the "b_ ncumbrances"), If Purchaser does not deliver to Seller a written notice specifying those items which are Encumbrances within ten (10) days after the receipt by Purchaser of the information referred to in Section 3(a) hereof, then all of the items reflected on the Title C'omnatment and the Survey shall be deemed to be permitted exceptions to title ('Permitted Exceptions"). Moreover, all items referenced hereinbelow in Section 4(c)(1)(iii) its the standard printed exceptions shall be deemed Permitted Exceptions. (c) If Purchaser objects to any item set forth on the Title Commitment or the Survey in the manner required by Section 3(b) hereof, Seller shall use reasonable efforts to cure such matters before Closing but shall have no obligation to expend any sums to do so. In the event Seller is not able to cure such matters prior to Closing, Purchaser shall have the right to either (i) terminate this Agreement by written notice thereof to Seller, in which event Purchaser shall be refunded the Earnest Money together with all interest earned thereon, but shall have no further rights hereunder, or (ii) waive such title matter and proceed to Closing, without any reduction in the Purchase Price. If, at any time prior to Closing, Seller notifies Purchaser that it can not cure any particular title matter or matters, Purchaser shall have live (5) business days from receipt of such notice to determine whether to terminate this Agreement as set forth in Section 3(c)(i) hereinabove, and receive a refund of the Earnest Money together with all interest earned thereon, or waive any such matter(s) and proceed to Closing. In the event Purchaser fails to timely deliver the written notice of termination provided for in Section. 3(c)(i) above, Purchaser shall be deemed to have waived all such title matters in accordance with Section 3(c)(N) above for all purposes. Section 4. R p entallons and Warrantim Cl, (a) Purchaser represents and warrants to Seiler as follows: (1) Purchaser is executing this Agreement as a municipal corporation, Purchaser and each of the persons executing this Agreement on behalf of Purchaser represent and warrant that (1) Purchaser is a duly authorized and existing municipal corporation in good standing; (ii) Purchaser is qualified to do business in Texas; (iii) Purchaser has full right and authority to enter into this Agreement and to consummate the transaction contemplated herein; (iv) each of the persons executing this Agreement on behalf of Purchaser is authorized to do so; and (v) P/S Agmt(TX/U) • Page 3 Denton 200 Land ((Denton)/Eurkburnett 290492105 i r, .1 Aopiida lain-,- this Agreement constitutes a valid and legs ly biridi'iig o -ligation o Purchaser, enforceable in accordance with its tc-.ms. (2) Intentionally deleted. (3) As soon as possible, and in no event later than fifteen (15) days after the Effective Date, Purchaser shall deliver to Seller such documentation as Seller may reasonably require to evidence the matters set forth in either Section 4(a)(1) or (2) above, including, without limitation, corporate or City Council resolutions authorizing the transaction contemplated herein. (4) 'here are no material legal or administrative proceedings pending or, to the best of Purchaser's knowledge, threatened against or affecting Purchaser, .4' (5) Purchaser and each of the persons executing this Agreement on behalf of Purchaser hereby represent and warrant that except as othervise previously disclosed in writing by Purchaser to Seller, neither Purchaser, nor any City Council member, or other authorized person in control of or under common control with Purchaser, is now, or has ever been, an employee of the following entities or their successors; (i) the Federal Savings and Loan Insurance Corporation ("FSLIC"); (ii) a Federal Home Loan District Bank; (iii) the Federal Home Loan Bank Board; (iv) a FSLIC Receivership, or any subsidiaries or affiliates thereof, (v) the Federal Asset Disposition Association ("FADA") or other contractors assisting the FSLIC or receiverships in management or disposition of assets; (vi) the Federal Deposit Insurance Corporation ("FDIC'); or (vii) any of the agencies created under the Financial Institutions Reform, Recovery and Enforcement Act ("FIRREA"). (6) Purchaser and each of the persons executing this Agreement on behalf of Purchaser represent and warrant that, to the best of their , knowledge, there are no agreements, written or oral, express or implied, between Purchaser or any of the persons executing this Agreement on behalf of Purchaser and (QI~I~~ lD~l(r~ul~,,IC:r Tlc (the "1t1tttL for the payment of any additional amounts to the Former Owner or any person or entity affiliated or connected with the Former Owner in connection with the sale of the Property or which contemplate the retention by or conveyance to the Former Owner or any person or entity affiliated or connected with the Former Owner of any interest P/S Agmt(TX/U) - Page 4 Denton 200 Lund ((Denton)/Burkburnett 290492/05 - - r. e A;lenrfa No. AUentia item s in the Property or any interest in any entity wmay own or hall~,~~2 title to the Property, and Purchaser and each of the persons executing U this Agreement on behalf of Purchaser are not aware of any such agreements between the Former Owner or any person or entity affiliated or connected with the Former Owner and any third party, (7) In addition to the acts and deeds recited herein and contemplated to be performed, executed and delivered by Purchaser, Purchaser shall perform, execute and deliver or cause to be performed, executed and delivered at the Closing or after the Closing, any and all further acts, deeds and assurances as Seller or the Title Company may reasonably require to consummate the transaction contemplated herein, (b) The Closing of the sale of the Property by Seller to Purchaser shall occur no later than the first business day following the expiration of fifteen (15) days from and after the expiration of the Inspection Period as defined in Section 13(b) hereof (the "Closing Date"). The Closing shall occur in Seller's offices, or in the offices of the Title Company, at Seller's option. (c) At the Closing, the following shall occur; (1) Seller shali deliver or cause to be delivered to Purchaser the folloMngt (i) Evidence satisfactory to the Title Company that the person or persons executing this Agreement and the closing documents on behalf of Seller have full right, power and authority to do so. (ii) A Special Warranty Deed (the "Dggj") in a form sufficient to convey good and indefeasible title, executed and acknowledged by Seller and conveying the Property to Purchaser, subject only to the Permitted Exceptions and the other matters set forth herein. (iii) The Title Policy, issued in the full amount of the Purchase Price (premium cost allocated as provided hereinbelow), insuring fee simple indefeasible title to the Property in Purchaser, subject only to the Permitted Exceptions, including, without limitation, the standard printed exceptions contained in Schedule H thereof; provided however, (A) the standard exception as to restrictive covenants shall be deleted in its entirety (unless recorded restrictive covenants are specified as or deemed to be Permitted Exceptions, in which event the recording information P/S Agmt(TX/U) • Page S Denton 200 Land ((Denton)/Burkburnett 290492/05 r I A(]enda Ilem_S~~1~ thereof shall be listed under such execpttiori e th`s~ndard O exception as to survey steall be limited to "shortages in area" ~~2' only, at Purchaser's option and sole expense, (C) the standard exception as to taxes shall be limited to the current year and subsequent years not yet due and payable, and subsequent assessments for prior years due to change in land usage or ownership, and (D) the standard exception as to rights of parties in possession shall be limited to rights of tenants in possession as tenants under any presently effective unrecorded and recorded leases; provided further, however, delivery of the a Title Policy may be delayed in order to allow the Title Company to insert recording information as to the documents recited therein which must be recorded at Closing. (iv) A Non-Foreign Affidavit stating, under penalty of perjury, that 1445 Seller Is3) not a "foreign and 7701(x)(30) of thehIntehrnal~Revenue Code of 1986, as amended. (2) Purchaser shall deliver or cause to be delivered to Seller cash, wired funds or a cashier's or certified check made payable to the order of Seller, at Seller's option, in the amount of the Purchase Price, due credit being given for the Earnest Money (including interest earned thereon) and any deposits, fees or the like retained by Seller, together with such additional funds as may be necessary to cover Purchaser's share of the closing costs and prorations hereunder. (3) Seller and Purchaser shall cause to be delivered to the Title Company such other documents as may be reasonably necessary and appropriate to complete the Closing of the transaction contemplated herein. (d) All normal and customarily proratable items, including, without limitation, payments relating to agreements affecting the Property which survive Closing, shall be prorated as of the Closing Date, Seller being charged and credited for all of same up to such date and Purchaser being charged and credited for all of same on and after such date. (e) All ad valorem real estate taxes and assessments levied or assessed against the Property shall be prorated according to the calendar year as of the Closing Date, based on the most recent tax bill for the Property, Seller being charged and credited for same up to such date and Purchaser being charged and credited for same on and after such date. Such prorations shall be final and P/S Agmt(TX/U) • Page 6 Denton 200 band ((Denton)/Burkburneit 290492/05 i „r ,13 Agenda Item_S +~`SZ unadjustable. If the Property te _._.5f`.5 not purposes, then such taxandfsas assessments a ttributabler otnly to Parcelthefor land (excluding buildings and improvements) associated with the tax parcel shall be determined by multiplying the total bill attributable only to the land associated with the tax parcel by a fraction having as its numerator the Mal amount of acreage (to the nearest 1/100th of an acre) contained within the Property and as its denominator the total amount of acreage (to the nearest 1/100th of an acre) contained within such tax parcel, 'The amount of such total bill as described above shall be prorated as of the ClosingtheDate and such Proration shall be final and unadjustable. I'f ai Closing Property is not being treated as a separate tax parcel, then within thirty (30) days after Closing Purchaser shall, at its cost and expense, file to have the Property assessed separately for tax purposes, 'I'1; ~ obligation set forth in the immediately preceding sentence shall survive Closing and not be merged therein. (f) In the event the Property has been assessed for property tax purposes at such rates as would result in "roll-back" taxes upon the change in land usage or ownership of the Property, Purchaser hereby agrees to pay all such taxes and to indemnify and save Seller harmless from and against all claims and liability for such taxes, Such indemnity shall survive Closing and not he merged therein, (g) Upon completion of the Closing, Seller shall deliver to Purchaser possession of the Property free and clear of all tenancies of every kind and parties in possession, except for tenants entitled to possession under any presently effective unrecorded or recorded leases, (h) (1) Purchaser shall pay for the cost of; (i) recording the Deed, (ii) any financing obtained by Purchaser in connection with its purchase of the Property pursuant hereto, any documentary stamp taxes, deed taxes, transfer taxes, intangible taxes, mortgage taxes or other similar taxes, fees or assessments, (iv) services incurred by Purchaser la performing its feasibility study and related tests and investigations, and PIS Agmt(TX/iJ) - Page 7 Denton 200 Iand ((Denton)/Burkburnett 290492/05 - 4 ti . 5 If I A~bnda No, Agerda Item (v) to the extent of one-half (1/2) of said cotstheTitle ompany's , escrow fee, the Title Commitment, and the Title Policy. (2) Seller shall pay for the cost of,. 0) preparing the Deed, (ii} the Survey, and (iii) to the extent of one-half (1/2) of said cost, the Title Company's escrow fee, the Title Commitment, and the 'T'itle Policy, (3) Each party shall pay its own attorney's fees. 9 (4) Intentionally deleted, Section S. Notice,. Any notice provided or required to be given under this Agreement must be in writing and shall be served (and shall be deemed to have been served) (i) by depositing same in the United States mail, addressed to the party to be notified, postage prepaid and registered or certified with return receipt requested; (ii) by delivering the same to such party or agent of such party , in person or by commercial courier; or (iii) by facsimile or by depositing the same into the custody of a nationally recognized overnight delivery service such as Federal Express Corporation, Airborne Express, Emery or Purolator, addressed to the party to be notified. For purposes of notice, the addresses of the parties shall be as follows: If to Seller, to: FEDERAL DEPOSIT INSURANCE CORPORATION, as Manager of the FSLIC RESOLUTION FUND as Receiver for First Savings and Loan Association of Hurkburnett One Spectrum Center 5080 Spectrum Drive, Suite 1000E Dallas, Texas 75248 Attention: Mari Epperson Telephone No,: (214) 701-2324 With copy to: FDIC Legal Division One Spectrum Center 5080 Spectrum Drive, Suite 40OW Dallas, Texas 75248 Attention: G. R. Jacobs, Staff Attorney Telephone No.: (214) 701.5415 P/S Agmt(TX/U) - Page 8 Denton 200 Land ((Denton)/Ilurkburnett - 290492/05 C Y. i I ,11 Glenda No. Apenda Ilsm If to Purchaser, to: Lloyd V. Harrell, City Manager City of Denton 215 E. McKinney Denton, Texas 76201 Telephone No.: With copy to: Debra Adam! Drayovitch, City Attorney Legal Department City of Denton 215 E. McKinney Denton, Texas 76201 't'elephone No,: From time to time either party may designate another address for all purposes of this Agreement by giving the other party no less than ten (10) days advance notice of such change of address in accordance with the provisions hereof. Section 6. Commis ions. In the event, but only in the event, the transaction described in this Agreement closes in accordance with the terms of this Agreement or any extension hereof (including without limitation any deadlines for closing), Seller agrees to pay, subject to the terms hereof, and of a separate applicable listing agreement, a brokerage `commission (the "Commission") equal to six percent (6%) of the Purchase Price, payable RMG Commercial ("Agent") Attn: Rick Redle 4222 Trinity Mills, Suite 255 Dallas, Texas 75287 The Commission shall be payable at Closing only if and when the transaction cc ntemplated by this Agreement actually closes and then only as and when Seller receives the Purchase Price. No Commission shall be paid if the transaction contemplated by this Agreement is not completely closed in accordance with the terms hereof. Agent may agree to divide commissions with any other licensed real estate broker or salesman, but notwithstanding any such agreement for division of the Commission, Seller shall be fully protected in paying the entire Commission to Agent and Seller shall have no obligation to any such other broker or salesman. Purchaser and Seiler each represent and warrant to the other that, except as set forth above with respect to Agent, no real estate broker or agent has been authorized to act on such representing party's behalf. Purchaser acknowledges that, at the time of execution of this Agreement, Agent advised Purchaser by this writing that Purchaser should P/S Agmt(`)"X/U) • Page 9 Denton 200 Land ((Denton)/Burkburnett 290492/05 ~r Apendjflem_ have the abstract covering the Property examined by an attorney of Purchaser's owt selection or that Purchaser should be furnished with or obtain a policy of title insurance. Section 7. Assigns. This Agreement shall inure to the benefit of and be binding on the parties hereto and their respective heirs, legal representatives, successors and assigns. Notwithstanding the foregoing, Purchaser shall not have the right to assign its interest in this Agreement without the prior written consent of Seller, which consent will not be unreasonably withheld, and any such assignment to which Seller has not so consented shall be null and void and of no force or effect, Q Section S. Governing 1, w;~ Time Is of dig Essence, This Agreement Is being executed and delivered and is intended to be performed in the State of Texas, and the laws of such state shall govern the validity, construction, enforcement and Interpretation of this Agreement unless otherwise specified herein. The parties hereto waive the right to be sued elsewhere and agree and consent to the jurisdiction of any court of competent jurisdiction located in Dallas County, Texas, Time is of the essence in the performance of each party's obligations hereunder. Section 9. Remedies, (a) If Purchaser refuses or fails to consummate the purchase of the Property pursuant to this Agreement for any reason other than termination hereof pursuant to a right granted to Purchaser hereunder to do so, or breach by Seller of its agreements hereunder, then Seller, as its sole and exclusive remedy, shall have the right to terminate this Agreement by giving Purchaser and the Title Company written notice thereof, in which event neither party hereto shall have any further rights, duties or obligations hereunder and Seller shall be entitled to demand, as liquidated damages (S^Iler and Purchaser hereby acknowledging that the amount of damages resulting from a breach of this Agreement by Purchaser would be difficult or impossible to accurately ascertain), the Earnest Money, together with a1I interest earned thereon, which shall be immediately released and delivered to Seller by the Title Company [unless previously released and delivered by the Title Company to Seller pursuant to Section 13(d) hereofj. By its execution hereof, Purchaser acknowledges that the Title Company shall have no liability to Purchaser in the event It delivers the Earnest Money and accrued Interest thereon to Seller in accordance with the terms of this Section 9(a), and agrees that the Title Company shall comply with the provisions of this Section 9(a) without the need for subsequent approval or authorization from Purchaser, Notwithstanding the foregoing, in the event of any other default by Purchaser under this Agreement, Seller shall have any and all rights and remedies available at law or in equity by reason of such default. P/S Agmt(TX/U) - Page 10 _ Denton 200 Land ((Denton)/13urkburnett 290492/05 5 r r. ~0110 No. __~'c~. AyGrldatt0111C µ l (b) If Purchaser terminates this Agreement ed - Purchaser hereunder to do so, absent Seller default, then neither tpagranted to rty hereto y5 shall have any further rights, duties or obligations hereunder, and the Earnest Money together with all interest earned thereon shall be returned to Purchaser. (c) If Seller fails to perform any of its obligations or agreements hereunder either prior to or at Closing, Purchaser may terminate this Agreement by written notice thereof to Seller, at which time the Earnest Money together with all interest earned thereon shall be returned to Purchaser, and Seller shall reimburse Purchaser for its reasonable out-of-pocket expenses incurred in connection with this transaction prior to such default up to the maximum ~f amount of ONE 'T'HOUSAND AND N01100 DOII ARS ($1,000.00), as Purchaser's sole and exclusive remedy. In no event shall Seller be liable to Purchaser for any other actual, punitive, speculative or consequential damages, nor shall Purchaser be entitled to bring a claim to enforce specific performance of this Agreement. Section 10. Condemnatign. (a) In the event that all or any substantial portion of the Property is condemned or taken by eminent L}main prior to Closing, Purchaser may, at its option, either (i) terminate this Agreement by written notice thereof to Seller within ten (10) days after Seller notifies Purchaser of the condemnation or taking, and receive the immediate return of the Earnest Money and all interest earned thereon; or (ii) proceed to close the transaction contemplated herein pursuant to the terms hereof, in which event Seller shall deliver to Purchaser at Closing any proceeds actually received by Seller attributable to the Property from such condemnation or eminent domain proceeding, or assign to Purchaser at Closing any right Seller may have to any condemnation or eminent domain award attributable to the Property, and there shall be no reduction in the Purchase Price. In the event Purchaser fails to timely deliver written notice of termination as described in Section 10(a)(i) above, Purchaser shall be deemed to have elected to proceed in accordance with Section 10(a)(ii) above. (b) For the purposes of Section 10(a) hereof, a "substantial portion" of the Property shall be deemed to include any taking which damages the Property to the extent of FIFTY THOUSAND AND NO1100 DOLLARS ($50,000,00) or more (and shall not include any taking of less than such amount), or which materially interferes with direct access to and from the Property to any public street. Notwithstanding anything to the contrary contained in said Section 10(a), in the event the proceeds payable with respect to the Property as a PIS Agmt(TX/U) - Page 11 Denton 200 Land ((Denton)/Burkburnett 29049'2/05 result of any taking exceed the Purchase Price, Seller shall have the right to y~a/w terminate this Agreement by delivering written notice thereof to Purchaser O within thirty (30) days after Seller becomes aware of the proceeds payable with respect to any such taking, and in such event, the Earnest Money and all interest earned thereon shall be immediately returned to Purchaser, as provided for hereinabove. In the event that any taking is less than a substantial portion of the Property, Purchaser shall be obligated to proceed with Closing, in which event Seller shall deliver to Purchaser at Closing any proceeds actually received by Seller attributable to the Property from such taking, or assign to Purchaser at Closing any right Seller may have to such ~ proceeds, (c) Risk of loss or damage to the Property, or any part thereof, by fire or other casualty up until Closing shall be borne by Seller, and thereafter by Purchaser. Section 11, Entire Agreement; InteMrgtti n: ever ability: Attorney's Fggs- -Co nu tergart. Memorandum of AUeernent. (a) This Agreement is the entire agreement between Seller and Purchaser concerning the sale of the Property and supersedes all prior agreements and understandings, if any, with reg,,ird thereto, and no modification hereof or subsequent agreement relative to the subject matter hereof shall be binding on either party unless reduced to writing and signed by the party to be bound. (b) The parties acknowledge that each party and its counsel have reviewed and revised this Agreement, and the parties hereby agree that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting parry shall not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. (c) In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provisions had never been contained herein. (d) Should either party employ an attorney or attorneys to enforce any of the provisions hereof, or to recover damages for the breach of this Agreement, the non-prevailing parry in any final judgment agrees to pay the other party all reasonable costs, charges and expenses including attorney's fees expended or incurred in connection therewith, P/S Agmt(TX/U) - Page 12 _ Denton 200 Land ((Denton)/Burkburnett 290492/05 kooda No, result of any taking exceed the Purchase Price, Seller shall have the right to terminate this Agreement by delivering written notice thereof to Purchaser l/ within thirty (30) days after Seller becomes aware of the proceeds payable with respect to any such taking, and in such event, the Earnest Money and all interest earned thereon shall be immediately returned to Purchaser, as provided for hereinabove. In the event that any taking is less than a substantial portion of the Property, Purchaser shall be obligated to proceed with Closing, in which event Seller shall deliver to Purchaser at Closing any proceeds actually received by Seller attributable to the Property from such taking, or assign to Purchaser at Closing any right Seller may have to such proceeds. (c) Risk of loss or damage to the Property, or any part thereof, by fire or other casualty up until Closing shall be borne by Seller, and thereafter by Purchaser, Section 11, Entire= ment; Interrretation; Severnbility; Attornnev'~Fees; nn rpa Memorandum of Ae ement. (a) This Agreement is the entire agreement between Seller and Purchaser concerning the sale of the Property and supersedes all prior agreements and understandings, if any, with regard thereto, and no modification hereof or subsequent agreement relative to the subject matter hereof shall be binding on either party unless reduced to writing and signed by the party to be bound. (b) The parties acknowledge that each party and its counsel have reviewed and revised this Agreement, and the parties hereby agree that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this agreement or any amendments or exhibits hereto, (c) In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provisions had never been contained herein. (d) Should either party employ an attorney or attorneys to enforce any of the provisions hereof, or to recover damages for the breach of this Agreement, the non-prevailing party in any final judgment agrees to pay the other party all reasonable costs, charges and expenses including attorney', :es expended or incurred In connection therewith, P/S Agmt(TX/U) - Page 12 Denton 200 LAnd ((Denton)/Burkburnett 290492/05 ApeRUa ilnn, ~Sy~q_~_ 1 _ (e) This Agreement may be executed in any number of identical counterparts.~gi/&/Z If so executed, each of such counterparts is to be deemed an original for all purposes and all such counterparts shall collectively constitute one agreement, (f) In no event shall this Agreement or any memorandum hereof be recorded in the public records of the place in which the Property is situated, and any such recordation or attempted recordation shall constitute a breach of this Agreement by the party responsible for such recordation or attempted recordation, Section 12, Disclaimm Waiver of Claim. (a) SELLER AND PURCHASER ACKNOWLEDGE AND AGREE THAT SELLER ACQUIRED THE PROPERTY AS A RECEIVER, OR F PURSUANT TO A TRANSFER FROM FSLIC/FDIC AS RECEIVER, AND CONSEQUENTLY HAS LITTLE, IF ANY, KNOWLEDGE OF THE PHYSICAL OR ECONOMIC CHARACTERISTICS OF THE PROPERTY, ACCORDINGLY, EXCEPT AS OTHERWISE SPECIFICALLY STATED IN THIS AGREEMEN'T', SEIJ,ER HEREBY SPECIFICALLY DISCLAIMS ANY WARRANTY, GUARANTY OR REPRESENTATION, ORAL OR WRITTEN, PAST, PRESENT OR FUTURE, OF, AS TO, OR CONCERNING (i) THE NATURE AND CONDITION OF THE PROPERTY, INCLUDING, WITHOUT LIMITATION, THE WATER, SOIL AND GEOLOGY, AND THE SUITABILITY THEREOF AND OF THE PROPERTY FOR ANY AND ALL, ACTIVITIES AND USES WHICH PURCHASER MAY ELECT TO CONDUCT THEREON, AND THE EXISTENCE OF ANY ENVIRONMENTAL HAZARDS OR CONDITIONS THEREON (INCLUDING TTIE PRESENCE OF ASBESTOS) OR COMPLIANCE WITH ALL APPLICABLE IAWS, RULES OR REGULATIONS; (ii) EXCEPT FOR ANY WARRANTIES CONTAINED IN THE DEED TO BE DELIVERED BY SELLER AT CLOSING, THE NATURE AND EXTENT OF ANY RIGHT-OF-WAY, LEASF_, POSSESSION, LIEN, ENCUMBRANCE, LICENSE, RESERVATION, CONDITION OR OTHERWISE; AND (iii) THE COMPLIANCE OF THE PROPERTY OR ITS OPERATION WITH ANY LAWS, ORDINANCES OR REGULATIONS OF ANY GOVERNMENT OR OTHER BODY, PURCHASER ACKNOWLEDGES THAT IT WILL INSPECT THE PROPERTY AND PURCHASER WILL RELY SOLELY ON ITS OWN INVESTIGATION OF THE PROPERTY AND NOT ON ANY INFORMATION PROVIDED OR TO BE PROVIDED BY SELLER, PURCHASER FURTHER ACKNOWLEDGES THAT THE INFORMATION PROVIDED AND TO BE PROVIDED WITH RESPECT P/S Agmt(TX/U).. Page 13 Denton 200 Land ((Denton)/Burkburnett 290492/05 l' No, ARC O.) No.171_/4S ' M1 TO TI-IE PROPERTY WAS OBTAINED FROM A VARIF,TY OF~ SOURCES AND SELLER 0) HAS NOT MADE ANY INDEPENDENT INVESTIGATIONOR VERIFICATION OFSUCH INFORMATION; AND (ii) DOES NOT MAKE ANY REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. THE h SALE OF THE PROPERTY AS PROVIDED FOR HEREIN IS MADE ON AN "AS IS" BASIS, AND PURCHASER EXPRESSLY ACKNOWLEDGES THAT, IN CONSIDERATION OF THE AGREEMENTS OF SELLER HEREIN, EXCEFT AS OTHERWISE SPECIFIED HEREIN, SELLER MAKES NO WARRANTY OR REPRESENTA'T'ION, EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF CONDITION, , HABITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN RESPECT OF THE PROPERTY, (b) Purchaser agrees that Seller shall not be responsible or liable to Purchaser for any construction defect, errors, omissions, the presence of environmentally hazardous materials, or any other conditions affecting the Property, as Purchaser is purchasing; the Property AS-IS, WHERE-IS, and WITH ALL FAULTS. Purchaser or anyone claiming by, through or under Purchaser, hereby frilly releases Seller, its employees, officers, directors, representatives and agents from any and all claims that it may now have or hereafter acquire against Seller, its employees, officers, directors, representatives and agents for any cost, loss, liability, damage, expense, demand, action or cause of action arising from or related to any construction defects, errors, omissions, the presence of environmentally hazardous materials or any other conditions affecting the Property. Purchaser further acknowledges and agrees that this release shall be given full force and effect according to each of Its expressed terns and provisions, including, but not limited to, those relating to unknown and suspected claims, damages and causes of action. This covenant releasing Seller shall be a covenant running with the Property and shall be binding upon Purchaser. Seller hereby assigns without recourse or representation of any nature to Purchaser, effective upon Closing, any and all claims that Seller may have for any such defects, errors, omissions or presence of environmentally hazardous materials on or In the Property. As a material covenant and condition of this Agreement, Purchaser agrees t;)at in the event of any such construction defects, errors, omissions, the presence of environmentally hazardous materials, or any other conditions affecting the Property, Purchaser shall look solely to Seller's predecessors or to such contractors and consultants as may have contracted for work in connection with the Property for any redress or relief, Upon the assignment by Seller of its claims, Purchaser releases Seller of all rights, express or implied, Purchaser P/S Agmt(TX/U) • Page la Denton 200 Land ((Denton)/Burkbunx,,: 290492/05 N Agenda Item._CL S may have against Seller arising out of or resulting from arty eoastrueh nG defects, errors, omissions or the presence of environmentally hazardous materials on or in the Property. Purchaser further understands that some of Seller's predecessors in intcrc.: may hrwe filed petitions under the bankruptcy code and Purchaser may have no remedy against such predecessors, contractors or consultants. This Nvaiver and release of claims shall survive Closing. Section 13. Feasibili Insnec n P siad: Condltir~n to .tncln~, (a) The parties recognize and agree that Purchaser will require access to the Property in order to determine its feasibility for Purchaser's intended use, Accordingly, Seller agrees to allow Purchaser and Purchaser's agents complete access to the Property to conduct soil and engineering tests and ; otherwise make such determination; provided, however, that lb- costs and expenses of Purchaser's inspection shall be borne solely by Purchaser, and in the event the transaction contemplated by this Agreement does not close for any reason, Purchaser shall (i) notwithstanding any other provision of this Agreement to the contrary, remain solely liable for the payment of such costs and expenses, and (ii) deliver to Seller copies of all tests, reports and inspections conducted by Purchaser with respect to the Property. All information fu-nished by Seller to Purchaser in accordance with this Section 13 or obtained by Purchaser in the course of its inspection shall be treated by Purchaser as confidential information except to the extent that such information is subject to public disclosure pursuant to the laws of the State of Texas. Purchaser shall defend, indemnify and hold Seller harmless from and against any liabilities, claims, demand, or actions incident to, resulting from or in any way arising out of any such test, inspection or entry by or on behalf of Purchaser onto the Property, Such indemnity shall survive Closing (or, notwithstanding any other provision of this Agreement to the contrary, the earlier termination hereof) and not be merged therein, (b) Purchaser shall have a period of forty-five (45) days from the Effective Date, expiring at 5;00 p,m,, according to the time zone applicable at the location of the Property, within which to examine the Property and to conduct Its feasibility study thereof (the "~tion P i") (c) If Purchaser determines, at any time prior to the expiration of the Inspection Period, that the Property is not fit for Purchaser's intended use, then Purchaser may terminate this Agreement by written notice thereof to Seller within the Inspection Period, in which event the Earnest Money together with all interest thereon shall be returned to Purchaser, and thereafter neither PSA tTX/U / 8m ( ) • Page 15 Dentou 200 Land ((Denton)/Burkburnett ` 290492/05 Agenda IIGrn .!_tis-- M"O J - ,col ~ party hereto shall have any rights or liabilities hereunder, Purch is feasibility study may include and Purchaser has been advised by Seller to perform all steps necessary to determine whether hazardous substances, solid wastes, or other substances known or suspected to pose a threat to health or the environment have been disposed of or otherwise released on or to the Property or exist on or within any portion of the Property, If Purchaser does not indicate its disapproval of the Property by written notice thereof given to Seller prior to the expiration of the Inspection Period, the conditions of this Section 13. shall be deemed satisfied, Moreover, Purchaser's failure to so q indicate disapproval of the Property shall relieve Seller of any liability to Purchaser as a result of any environmental hazard on or to the Property subsequently discovered and, as between Seller and Purchaser, Purchaser shall accept all liability therefor and, further, as between Seller and Purchaser, and subsequent to Closing, Iurchaser shall be solely responsible for the performance of all required remedial actions to clean up and remove such hazards, if any, and shail indemnify and hold Seller harmless from and against any liabilities, claims, demands or actions incident to, resulting from or in any way arising out of any such discovery, Such indemnity shall survive Closing and not be merged therein, (d) Upon satisfaction of the conditions specified in Sections 3(b) and 3(c) herein, as well as this Section 13„ without the termination of this Agreement by Purchaser or Seller, Purchaser shall be deemed obligated to close the transaction set forth in this Agreement, and the Title Company shall immediately release and deliver the Earnest Money and any interest earned thereon to Seller, and Purchaser may not thereafter terminate this Agreement hereunder. By execution hereof, Purchaser acknowledges that the Title Company shall have no liability to Purchaser in the event it delivers the Earnest Money and any interest earned thereon to Seller in accordance with the terms of this Section 13(d), and agrees that the Title Company shall comply with the provisions of this Section 13(d) without the need for subsequent approval or authorization from Purchaser, Section 14, Oftr Orgy; Effective Date, This Agreement, until fully executed, is only an offer of the party first executing the same. Subject to the provisions of Section 15, hereinbelow, the date of execution of this Agreement by the latter of Purchaser or Seller shall be the "Effective Date" hereof for all purposes. All references herein to the date of this Agreement shall mean the Effective Date. Unless a fully executed counterpart of this Agreement, together with the Earnest Money, is deposited with the Title Company within forty-eight (48) hours after the Effective Date (as evidenced by the Title; Company's completion and execution o: the acknowledgment of such receipt set forth hereinbeiow), this P/S Agmt(TX/U) - Page 16 Dentin 2W Land ((Denton)/Burkburnett 290492/05 .r I r r Agenda Ilam ~ < 404 Z Z 0111 Agreement shall be null and void and neither Purchaser nor Seller shall have an}rt~~ rights or liabilities hereunder. Section 15, Condltloned Upon Committee Approval. This Agreement, and Seller's obligations hereunder, are expressly subject to and conditioned upon the approval hereof by Seiler and its appropriate review committee (the "Committee"). Unless Seller notifies Purchaser, in writing, in the manner provided for in Section 5. hereof within thirty (30) days from the Effective Date that the Committee has approved this Agreement, considering guidelines used to facilitate the sale of property owned by Seller, as amended from time to time, this Agreement shall be nuil and void and the Earnest Money together with all interest thereon (reduced by the Option Fee) shall be returned to Purchaser, the Option Fee shall be delivered to Seller, and neither Purchaser nor Seller shall have any further rights orr liabilities hereunder. Section 16. Sjgtutoty Disclosures Regarding the Property (mark If appli [W-A] (a) metal Di closure, The Property is subject to TEX. NAT. REs, CODE ANN, g 61.025 (West 1990), as more particularly described on Exhibit !C attached hereto and Incorporated herein for all purposes, [NSA] (b) Jtlli District. The Property is subject to TEX. WATER CODE ANN. S 50.301 (West 1990), as more particularly described on Ex i "D" attached hereto and incorporated herein for all purposes, P/S Agmt(TX/U) - Page 17 ,f Denton 200 Land ((Denton)/Surkburnett 290492/05 f Apuntla lle7c_ S RiN 12.E IN WITNESS WHEREOF, the parties have executed this Agreement to be effective of the Effective Date. SELLER: FEDERAL DEPOSIT INSURANCE CORPORATION, as Manager of the FSLIC RESOLUTION FUND, as Receiver for First Savings and Loan Association of Burkburnett o By: _ j Name: 1~ ~ a Title: Date: (q Tax I.D. No. PURCHASER: The City of Denton, Texas, a municipal corporation of the State of Texas By: Name: Title: Date: Tax I.D. No. P/S Agmt(TX/U) - Page 18 Denton 200 Land ((Denton)/Burkbumett 290492/05 N I! R Agenda No. Agendallem__ris 7- 1 Unto The undersigned hereby acknowledges receipt of a fully executed counterp.art53 of f is Agreement, together with $ representing the Earnest Money required by Section 2(b) hereof, this day of , 19____, and agrees to hold and deliver the Earnest Money and disburse any funds received in accordance with the terms of this Agreement, TITLE COMPANY: 4 American Title Company By: r~ Name: Title: Address: _ Telephone: u _ P/S Agn;t(TX/U) • Page 19 Denton 200 Land ((Denton)/Burkburnett 290492/05 r e I' l`I Agenda Itom_~~._#~~.___ DAJ E,HIB11 "A" PROPERTY DESCRIPTION A .RBI A LVi 1. t Arlenda Ilam_, EXHIBIT "B" SURVEY INSTRUCTIONS ~j (Unimproved Property) Seller shall furnish to Purchaser within th, time set forth in this Agreement two (2) copies of a currently dated boundary survey of the Property prepared by a Registered Professional Land Surveyor (the 'S The Survey shall (i) show the boundary lines, a dimensions and area of the Property; (ii) locate all easements, alleys, streets, roads, rights- of-way and other matters of record affecting the Property (with instrument, book and page number indicated); (iii) show all existing improvements and monuments, if any, thereon or thereto; (iv) set forth a metes and bounds description of the Property; and (v) set forth the scale, the north direction, the beginning point, distance to the nearest intersecting street and point of reference from which the Property is measured. The Survey shall contain a certification, signed by the surveyor, in substantially th.- following form; 'T'he undersigned hereby certifies to _ JName of Purchgserl , FEDERAL DEPOSIT INSURANCE CORPORATION, as Manager of the FSLIC RESOLUTION FUND, (IF APPLICABLE - as Receiver for J and _LL4 of Ti& Company] that this Survey was made on the ground as per the field notes on this Survey, and (i) correctly shows the boundary lines, dimensions and area of the land indicated hereon, (ii) correctly shows the location of all existing improvements, monuments and other visible items on such land, and (iii) correctly shows the location and dimensions of all alleys, streets, roads, rights-of-way, easements and other matters of record, of which the undersigned has been advised, affecting such land according to the legal description in such easements and other matters (with instrument, book and page number indicated); except as shown, there are no visible easements, rights-of-way, party walls or conflicts, and there are no visible encroachments on or upon adjoining premises, streets or alleys by any of such improvements or monuments, and there are no visible encroachments on or upon such land by buildings, structures or other improvements situated on adjoining premises; and no part of the subject property lies within the 114-year flood plain or flood prone area or a tloodway of any body of water and none of the above-described property lies within a "flood prone area" as defined by the U. S. Department of Housing C r. r ~ c? Aaonda No. AyFnda Itom_~_--- 1, Dato and Urban Development pursuant to the Flood Disaster Protection Act of S6~~z 1973, except as shown on this Survey. (Name of Surveyor or Surveyittg Firm) (Signature of Individual Surveyor or Surveyor on behalf of Surveying Firm) Date, 19^ Reg. gurveNo. (With Seal affixed to the Survey) ii u f Aponda N0. RAO M EXHIBIT A All that certain tract or parcel of land situated in the C. Poullalier Survey, Abstract No. 1007 and the S. C. Hirams Survey, Abstract No 616, in the City of Denton, Denton County, Texas and being part of a certain tract deocribed in deed from Mrs. M. Saunders, Exocutrix, to Joe Hobson, recorded i.n Volume 351, Page 545, Deed Records, Denton County, Texas, and being more particularly described as follower a COM:.EaCING at the southeast corner of the C. Poullalier Survey, Abstract No. 1007; THENCE N 81 degrees 47 minutes 20 seconds W for a distance of 303.11 feet to a 1/2 inch iron rod found for corner, said point being in the north right-of-waY line of Hobson Lane (80 foot R.O.W.), said point also being the POINT OF BEGINNING; "00 lineLfor a9distance of 2371.94 feetetonas1/2ainch iron rodtfoundhforf-way corner; THENCE N 00 de rees 36 minutes 17 seconds E, leaving said north right-of-way line for a distance of 1746.58 feet to 5/8 inch iron rod found for corner; THENCE S 89 degrees 26 minutes 50 seconds E for a distance of 1213.79 feet to a found fence corners THENCE N 00 degrees 37 minut,~s 33 seconds E for a distance of 3174,22 feet to a 1/2 inch iron rod fount for corner; THENCE S 89 degrees 21 minutes 05 seconds E for a distance of 1354,16 feet to a 5/8 inch iron rod found for corner, said point being in the west right-of-way line of Teasley Road (90 foot R.o.W.); THENCE S OO de rees 00 minutes 25 seconds W along said west right-of-way line for a distance of 3805.69 feet to a 1/1 inch iron rod found for corner, said point being the point of curvature of a non-tangent curve to the leftwhose center bears N 9 degrees 28 minutes 41 seconds E, having a radius of 1190.92 feet a central angle of 15 degrees 47 minutes 42 seconds, a tangent of 165.20 feet and a chord bearing of S 08 degrees 25 minutes 10 seconds E; THENCE along said west right-of-way line and along said curve to the left for a distance of 328.31 feet to a 3/8 inch iron rod found for cornerr THENCE S 00 degrees 33 minutes 07 seconds E for a distance of 77.40 feet to , a 5/8 inch iron rod found for corner; THENCE N 89 degream 44 minutes 28 seconds W for a distance of 299.52 feet to a 1/2 !nth iron rod found for corner; THENCE S 00 degrees 06 minutes 26 seconds E for a distance of 698.19 feet to the POINT OF BEGINNINGt CONTAINING 8,729,022.26 square feet or 200.3908 acres of land, more or lose, The company does not represent that the above acreage or square footage calculations are correct. 14jontia No, Apndnltom_,~ qq f EXHIBIT A )oul All that certain tract or parcel of land sLtuatSu ve the C. act No . 61 . 1007 and the S. C. Hirams Sur.Y, Abstract No. 616, In Survey, Abstract No Texas and being part 0f a certain tract tyTaxaaHobson, records ty, and being more the City of Denton, Denton Coun u ill esyolume 351JePa4erm Mrs- eed M RecordsrsDenton Coupto d particularly descrLbed as follows: Abstract C0K,jENCiNG at the southeast corner of the C. Poullalier Survey, e No. 1007 n THENCE N Inch 47 minutes 20 seconds W do a dsaidnpoint also being to a 1/2 inch iron rod found for cg~nfootsR10oint being L the north (80 right-of-way line of Hobson Lane the POINT BEGINNING: g lTHENCE 89 dis?rees of minutes feetetonas1/2a inch said rodtEounahfarf-way corner; leaving said north line for a dLt of 1746.56 feet to 5/8 Inch irrn rod found anc THENCE of-oaydegreel 38 minutes 17 seconds E, for corner; distance of 1213.79 feet THENCE S fdegrecornerminutes 50 seconds E for a THENCE/2 00cdegreesr37 inure 3 3cs coeds E for a distance of 3114.22 feet on found for rneri 16 feet THENCE S 8in i 9 degreroee s r21od found minutes 0or 5 corner, seconds E faid or a distance of 13the54.west a 5/8 inch i 90 foot R.O poi.W.)Jnt being in rI rght--oof f-way line of Teasley Road ( said west ri ht-of-way THENCE S 00 degroes 00 minutes 25 seconds W along curve to line for a dis ante of 380h-69o sint of et tocurvetiure ofiaonon aahgend for corner, said point being tees 28 minutes Al secon ds E, having a reee se minutes 42 the leftwhose center hears N 9 deg gg of 5 08 degrees 25 radius of 1190.entf fti65.20nfeet andla chord bearing seconds, a tang minutes 10 seconds E1 said curve to the left THENCE along said west right-of-way line and along or a distance of 328.31 feet to a 3/8 inch iron rod found for corner) of 77 f all yNCE Lnch0 iron 33mintesco7 seconds E for a distance ,40 feet to THENCE 89 de Lron ress ro44 d inures 28cseconds W for a distance of 299.52 feet found for of b98 eE .19 feet to a 1/2 inch HENCE 00 de rees 06 26 seconds E for a distance to the POINT 0? CONTAINING 8,729,022.26 square feet or 200.3908 acres of land, more or less. or square footage The company does not re resent that the above acreage calculations are correc. C AgrndaNo //JJ Agenda Pcrn__..~,~2,_z._._. EXHIBIT A All thAt certain tract Surveyy, Abstract No. 1007 and parcel of land HiramstSurvey, the C, bstractlNo. 616, in the City of Denton, Denton County, Texas and bein " described in deed from Mrs. M. Saunders, Executrix,ptotJoof a an e obeon,i ecorded in Volume 351, Page 545, Deed Records, Denton county, Texas, and being more particularly described as follows: COMMENCING at the boutheast corner of the C. Poullalier Survey, Abstract No. 1007; THENCE N 81 degrees 47 minutes 20 seconds W for a distance of 303.11 feet to a 1/2 inch iron rod found for corner, said ppoint being in the north right-of-waY line of Hobson Lane (80 foot R.O.W.), said point also being the POINT OF BEGINNING: THENCE N 89 degr?es 45 minutes 13 seconds W along said north right-of-way line for a distance of 2371.94 feet to a 1/2 inch iron rod found for corner; rightEoE-0w0 aydliine~Tfo3Bamdistance7ofe1746.58 feet to g5/8 liinchriron rod found for corner! THENCE S 89 degrees 26 minutes 50 seconds E for a distance of 1213.79 feet to a found fence corner] THENCE N 00 degrees 37 minutes 33 seconds E for a distance of 3174.22 feet to a 1/2 inch iron rod found for corner; THENCE S 89 degrees 21 minutes 05 seconds E fox, a distance of 1354.16 feet to a .5/8 inch iron rod found for corner, said point being ir, the west right-of-way line of Teasley Road (90 foot R.O.W.); THENCE S 00 degrees 00 minutes 25 seconds W along said west right-of-way line for a distance of 3805,69 feet to a 1/72 inch Iron rod found for corner, said point being the noint of curvature of a non-tangent curve to the Is whose center bears N 89 degree: 28 minutes 41 seconds E, having a 15 seconds, altanngentfoft165.20nfeet andla chord bearing cf Si06 degrees 25 minutes 10 seconds E/ THENCE along said west right-of-way line and along said curve to the left for a distance of 328.31 feet to a 3/8 inch iron rod found for corner; THENCE S u0 degrees 33 minutes 07 seconds E for a distance of 77.40 feet to a 5/8 inch iron rod found for cornerl THENCE N 89 degrees 44 minute3 28 seconds W for a distance of 299.52 feet to a 1/2 inch xron.rod found for corner! THENCE S 00 deg reel 06 minutes 26 seconds E for a distance of 698.19 feet to the POINT OF BF,GINNINGi CONTAINING 8,729,-12.26 square feet or 200.3908 acres of land, more or less. The Company does not represent that the above acreage or square footage calculations are correct. t r. AQunda No. Agenda Ilenj EXHIBIT A All that certain tract or parcel of land situated in the c, Poullalier Survey, Abstract No. 1007 and the S. C. Hirams Survey, Abstract No. 616, in the city of Denton, Denton County, Texas and being part of a certain tract described in deed from Mrs, M. Saunders, Executrix, to Joe Hobson, recorded in volume 351, Page 545, Deed Records, Denton county, Texas, and being more particularly described as follows: COMMENCING at the southeast corner of the C. Poullalier Survey, Abstract No, 1007; THENCE N 81 degrees 47 minutes 20 seconds W for a distance of 303.11 feet to a 1/2 inch iron rod found for corner, said ppoint being in the north right -of-wayy line of Hobson Lane (80 foot R.O.W. , said the POINT OF BEGINNING: ) point also being THENCE N 89 degrees 45 minutes 13 seconds W along said north right-of-way line for a distance of 2371.94 feet to a 1/7. inch iron rod found for corner; right-of-waydlineefor8 amdistance7ofe1746.58 feetvtog5/8said iinchriron rod found for corner? THENCE S 89 degrees 26 minutes 50 seconds E for a distance of 1213,79 feet to a found fence corner; THENCE N 00 degrees 37 minutes 13 seconds b' for a distance of 3174,22 feet to a 1/2 inch iron rod found for corner; THENCE S 89 degrees 21 minutes 05 seconds E for a distance of 1354,16 feet to a 5/8 inch iron rod found for corner, said point being in the west right-of-way line of Teasley Road (90 foot R.O.W.); THENCE S OU degrees 00 minutes 25 seconds W along said west right--of-way corner, saidipoint8being8thebpp9oinCfeet ofocurvature ofia non tangent curve to radiusfofh1190,92tf©etsaascentraleanal of 15n degrees 47cmiinutes having a seconds, a tangent of 165.20 feet and a chord bearing of S 08 degrees 25 minutes 10 seconds E; THENCE along said west right-of-way line and along said curve to the left for a distanco of 328,31 feet to a 3/6 inch iron rod found for cornerl THENCE. S 00 degrees 33 minutes 07 seconds E for a distance of 77,40 feet to a 518 inch Iron rod found for corner; THENCE tJ 89 degrees 44 minutes 28 seconds W for a distance of 299,52 feet to a 1/2 inch iron rod found for corner; THENCE S 00 degrees 06 minutes 26 seconds E for a distance of 698,19 feet to the POINT OF BEGINNING: CONTAINING 8,729,022,26 square feet, or 200,3906 acres of land, more or less, The Company does not represent that the above acreage or square footage calculations are correct. C s i [ E t e:\MPd0C5\fdIC.O 1400,4.20 Agenda ~~O' Agenda Qej1) Or I ~ ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF DENTON AND THE FEDERAL DEPOSIT INSURANCE CORPORATION FOR 200 ACRES OF REAL PROPERTY; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE A WHEREAS, the Federal Deposit Insurance Corporation owns approximately 200 acres of real property bounded by Teasley Lane and Hobson Road; and WHEREAS, the City of Denton is in need of additional park land in the southern part of the City; and 11HEREAS, the property would be particularly suited for recreational purposes; and WHEREAS, the City can acquire the land at an advantageous price; NOW, THEREFORE; THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION- I. That it authorizes the Mayor to execute the attached Purchase and Sale Agreement between the City of Denton and the Federal Deposit Insurance Corporation providing for the pur- chase of approximately 200 acres of real property as described in the Agreement. SECTION 11, That it authorizes the expenditure of funds in accordance with the terms of the Agreement, PASSED AND APPROVED this the - day of 1992. BOB CASTLEBERRY, MAYOR ATTEST. JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY C\ r \ BY: f .mot 51 f Agenda tam-A~-q LAD MUNICIPAL BUILDING/ DENTON, TEXAS 76201 / TELEPHONE(817)668.8307 Office of the City Manager TwY E MCA E21~N7~ C.JM TO: Lloyd V. Harrell, City Manager FROM: Rick Svehla, Deputy City Manager DATE: May 1, 1992 `'"lo SUBJECT: '91 Committee Decision We have been able to muet with four members of the '91 Committee. They have all onthusia8tically endorsed the purchase of the 200 acres on Teasley mane for perk land. They think using the Interest generated by the, sale of 1986 general obligation bonds for parks and recreation or the bonds themselves for the park acquisition, and/or development is appropriate use of the money, I will be trying to visit with Roberta Donsbach before Tuesday's meeting so that the Council will have the benefit of her input also. If you have any questions, I would be happy to try and answer them at your convenience. ;"el Rick SveehlA Deputy City Manager " RS:bw AMN10013D C i 'a r~ d, - - - # t z 1r-CITY ell fit '-COUNCIL ~ :~+1 t ~Er: r - i t' l r~- r C7 ._._J C7' : t {{I 11 p \ Il t+' I ~ r~ CJ ttk~ o I tf '~f E F As~ RAU l_~.. CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Max Blackburn, Risk Manager SUBJECT: ORDINANCE APPROVING INTERLOCAL AGREEMENT WITH TEXAS POLITICAL SUBDIVISIONS PROPERTY/CASUALTY JOINT SELF- INSURANCE FUND w DATE: April 30, 1992 RECOMMENDATIOO : That *he City Manger be authorized to execute an Interloeal Agreement with the Texas Political Subdivisions Property/Casualty Joint self--Insurance Fund. Y: The City of Denton has, since 1987, purchased vehicle and equipment damage and loss insurance for selected high value vehicles through Employers Insurance of Texas. Because of the declining financial ratings of Employers Insurance, a decision was made by the majority of cities within the Texas Political. Subdivisions (TPS) to seek a different underwriter. Almost simulta7iecusly, TPS formed a joint self-insurance pool to be known as the TPS Property/ Casualty Joint Self-insurance Fund which, among other items, provides vehicle and equipment insurance. To take advantage of the TPS pool, the city is required to execute an Interlocal Agreement with TPS for the Property/casualty Fund. A separate agreement currently exists for the Worker's Compensation Fund. PROGRAMS, _DEPART_ _EN "S OR_g1OQ_US AFF1CTF~n: All F,UCA2, i.RACT: None RESPE . FULLY S IT'1TED Prepared by: Max Blackburn, Risk Manager 'proved! n F~McGrane ecutive Director of Finance AFF00263 ALL00207\900, 3b Mhnda No. S YYV AUc-nd7IIQIII_ ORDINANCE N0, AN ORDINANCE OF THE CITY OF DENTON, TEXAS ",ING THE CITY ° MANAGER TO EXECUTE AN INTERLOCAL AGREEMINT WITHUTHErTJ'XAS POLITICAL SUBDIVISIONS PROPERTY/CASUALTY JOINT SELF INSURANCE FUND FOR THE PURCHASE OF CERTAIN INSURANCE COVERAGES; AUTHORIZING THE EXPENDI_ TUBE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE, ~ WHEREAS, political subdivisions of the State of Texas have formed a joint self-insurance pool for the purpose of providing liability, property and automobile physical damage insurance and self-insur- ance funding, reinsurance, claims administration, loss control ser- vices and other risk management services for. Fund members; and WHEREAS, the City Manager having recommended that the city enter into this Agreement for the purposes authorized by the Interlocal Cooperation Act and that the City be authorized to purchase insur-rei or, opri theeCity has csurance ompliedrwitheallhapplicabled tatu oey apprdd ngare- quirements; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: s 9 I -1, That the City execute an Interloral Agreement MaWith rthe TexasyPoliticalesub- divisions Property/Casualty ,joint Self-Insurance Fund, a copy of which is attached hereto and incorporated by reference herein, S=IO 1 , That the ".it g purchase insurance and reins .,•ance Manager such Fund soy lhng as all applicable statutory bidding requirements have been met, either by the city or by the Fund, RIUM LLU. That this ordinance shall become effoctive imme- diately upon its passage and approval, PASSED AND APPROVED this the day of 1992, BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY ~I Apri0a Items 7f j r~_e APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY2 ,rP Page 2 c ti r; r . TEXAS POLITICAL SUBDIVISIONS JOINT' SFIX-INSURANCE FUNI]ftenda No.._~ Agendl 11em__/G~S h R0. Box 2759 a Dallas. Texas 75221 - 1214) 760.6185 A'altii¢1dl_7S9_siQZ- _a- -_'yo2f s I TEXAS POLITICAL. SUBDIVISIONS G I PROPERTYrCASUALTY JOINT SELF-INSURANCE FUND INTERLOCAL AGREEMENT This contract and Interlocal Agreement is entered into by and between political subdivisions of + this state (hereinafter referred to as "Fund Members") to form a joint self-insurance pool to be named the Texas Political Subdivisions Property/Casualty Joint Self-Insurance Fund (hereinafter referred to as the "Fund for the purpose of providing liability, property and automobile physical damage insurulce and/or self-insurance funding; reinsurance; claims administration; loss control services; and other risk management services as needed for the "Fund Members" and their employees, WITNESS)ETHr The undersigned Fund Member, in accordance with the Interlocal CooperaWn Act, Article 4413 (32C), T.R,C.S. and the interpretation thereof by the Attorney General of the State oflTexas (Opinion #MW-347, May 29, 198I), and in consideration of other Fund Members executing like, agreements, does hereby agree to become one of the Fund Members of this self-fissured pool. The conditions of membership agreed upon by and between the parties are as follows; L Definitions of terms used In this Interlocal Agreement: a. Board. Refers to the Board of Trustees of the Texas Political Subdivisions Property/Casualty Joint Set;-Insurance Fund. b. TPS Joint Self-lnsurance Fund General Liability Coverage, . The general liability coverage document of the Texas Political Subdivisions Property/Casualty Joint Self-Insurance Fund that sets forth in exact detail, the coverages, limits of self-insurance, deductibles, exclusions and conditions, C. TIPS Joint Self-Insurance Fund, Automobile Liability and Physical Damage Coverage:. The automobile liability and physical damage coverage document of the Texas Political Subdivisions Property/Casualty Joint Self-Insurance. Fund that sets forth In exact detail, the coverages, limits of self -insurance, deductibles; exclusions and conditions. d. TPS Joint Self-Insurance Fund Property Coverage.. The property coverage document of the Texas Political Subdivisions Property/Casualty Joint Self-Insurance Fund that sets forth, in exact detail, the coverages, limits of sr,lf-insurance, deductibles, exclusions and conditions. Texu Polldcal 9uhdlvlelonn Workers' Corn Pomcmlon Joint insurance Fund 4 roxns Poiiticai Suhdivielons Property/Cujalty Joint Ut-Ineuranes Fond I. i 14 At~cncl111em_.~fs e. Servicing Contractor, Employers Casualty Company. 2. Each fund Member may adopt either the TPS Joint Self-Insurance Fund General Liability Coverage, TPS Joint Self-Insurance Fund Automobile Liability and Physical Damage Coverage or the TPS Joint Self-Insurance Fund Property Coverage self-insurance plans. Vrltichrver Self-Insurance Plan(s) the Fund Member accepts, the Fund Member agrees to ado3)t and accept the coverages, provisions, terms, conditions, exclusions and limitations of tl.e applicable Self-Insurance Plarl(s) Coverage Document(s). The limits of self- insurance, optional coverages and deductibles selected by the Fund Member will be shown on the Declarations of each coverage, document. 1 M The Fund Member should examine the Deductible provisions of the coverage document(s) I selected to determine the Fund Member's obligations to reimb.itse the Fund if the Fund pays part or all of any deductible to effect settlement of a loss, claim or suit. The Fund Mc nber should also examine the Deductible provisions to determine the expenditures that the Fund may make that apply to and may exhaust any deduetible selected, 3. If the Fund Member adopts the ITS Joint Self-Insurance Fund General Liability Coverage, or the TPS Joint Self-Insurance Fund Automobile Liability and Physical Damage Coverage self-insurance plan(s) which cover liability exposures, it is understood that by participating in this Self-Insurance pool, the Fund Member does not intend to waive any of the immunities that its officers or employees now possess. The Fund Member recognizes the Texas Tort Claims Act and its limitations to certain governmental functions as well as its monetary limitations and that by extvuting this agreement does not agree to expand those limitations. 4. The Fund Member agrees to pay contributions to the Fund based on a rating system approved by the Board, Contributions are payable to the Fund in advance of the fiscal year. 5. Prior to each anniversary date following the inception of this agreement) the Fund Member shall submit data as requested by the NO In the form of a self-audit that may be used to determine the final contribution for the previously ended coverage period. Based on the data submitted, a final contribution adjustment may be necessary resulting In the payment of additional contribution by the Fund Member or return of contribution to the Fund Member, The Fund reserves the right to audit the relevant records of any Fund Member. (303VL9LU 10/29193) 2 I ~ r Y. Agenda uonl_j4a u. Unencumbered funds of the Fund shall be available for excess contribution refunds determined by the Board, The Fund shall. invest, in accordance with the Board approved guidelines, and all monies that are: on deposit with the Fund, and the investment earnings from these particular monies shall be used for the benefit of the Fund Members until such time as the Board deems that it is financially prudent to declare excess contribution refunds. Such determinations will be made annually. 7. The Fund shall at all times maintain adequate reinsurance to protect the financial integrity of the Fund. Y. Loss control services will be supplied by the servicing contractor to the Fund Members to assist them in following a plan of loss control that may result in reduced losses, The undersigned Fund Member agrees that it will cooperate in instituting any and all reasonable loss control recommendations for the purpose of -.1,minating or minimizing hazards that would contribute to losses. In the event that the recommendations submitted on behalf of the Fund seem unreasonable, the Fund Member shall have the right to appeal to the Board, and the decision of the Board shall be final. 4. The Fund Member agrees that it will appoint a coordinator of department head rank or above and that the Fund and its servicing contractor shall not be required to contact any outer individual except this person. Any notice to or any agreements with the coordinator shall be binding upon the Fund Member. The Fund Member reserves the right to change the coordinator from time to time giving written notice to the Fund and to the servicing contractor. 14. The Fund, through the servicing contractor employed by the Fund, agrees to administer any and all claims after notice of clam has been given and to provide a defense where appropriate. The Fund Member hereby appoints the Fund and its servicing contractor as its agent to act in all matters pertaining to processing and handling of all claims and shall cooperate fully ;n supplying information needed or helpful in the settlement of those claims. The servicing wnttaetor shall carry on all negotiations with any third parties or their attorneys and negotiate within authority granted by the Fund, The servicing contractor shall retain and supetvise legal counsel on behalf of and at the expense of the Fund as necessary for the prosecution and defense of any litigation. At the option of the servicing contractor, a Fund Member may be allowed to choose the j legal counsel It deems most appropriate, for the negotiation of individual cases or litigation. However, all decislons on individual cases shall be made by the Fund through the servicing contractor, which includes the decision to appeal or not to appeal a final I reevrsr~u iatvrvi~ 3 rN ✓ Agenda IteiaL_ adjudication at the trial court level, licwever, any Fund Member shall have the riot to consult with the Fund or its servicing contractor on any case and have the right to appeal any decision a+FJe by the servicing contractor to the Board. Any suit brought or defended by the Fund shall be brought or defended only in the name of the Fund member and/or its officers or employees, The Fund shall periodically supply each Fund Member with a computer printout containing a statement of claims. 11. The Fund Member agrees to execute necessary authorization forms permitting the Fund and the servicing contractor to obtain from the State Board of Insurance the experience rating modification or loss data for the Fund Member, 12, Commensurate with the execution of this Agreement and annually thereafter, the Fund Member shall complete the appropriate exposure summary. Intentional or reckless misstatements on the exposure summary shall be grounds for cancellation, it 13, In the event that the Fund Member fails or refuses to make paymenia of contributions as herein provided, the Fund reserves the right to terminate such Fund Member by giving ten (10) days written notice and to collect any and all contributions that are earned pro rata for the period preceding contract termination, Any Fund Member that is terminated hereunder shall forfeit any of the refunds that have not been paid prior to the date of termination. 14. The Fund Member agrees to abide by the Bylaws of the Fund. 15, In order to have a basis for contributions to the Fund, the various rating mechanisms of the State Board of insurance may be used as a guide. It is understood that any rating structures that may be used and which are promulgated by the State Board of Insurance do not apply to self-funding and there is no intention to bestow rating authority over this plan of set( funding upon the State Board of Insurance, 16. At least annually, the Board shall review, study and consider the claims or loss experience (including reserves for future claim payments) of each of the Fund Members, the unencumbered monies to the Fund resulting from overall loss experience attributed to each of the Fund Members, the investment earnings of the Fund, as well as payment and authorizadon by the Board of other necessary administrative expenses of the Fund. The Board shall use the foregoing information as a basis for the reasonable determination of the actual cost, expense and loss experience of each Fund Member in order to maintain as nearly as possible an equitable and reasonable administration of the Fund applied to each Fund Member, lWlV1`.II?0 !(v19l9b A C l x>jri The duration of this Interlocal Agreement shall be for a term commencing at 12:01 t'm, on , 0ewber I, 1991 and terminating at 12:01 a,m, on October 1, 1992 unless this agreement is ' terminated by sixty (60) days written notice by either the Fund Member or the Fund or as j otherwise specified In the terms and agreements of this Interlocal Agreement or the Bylaws of the Fund. C13-" QMPLET-ED BY FUND MEMBER i Cilk,of Denton » j Fund Member Name Signature of Authorized Official I Date THE PROPERTY/CASUALTY COORDINATOR FOR THE. FUND MEMBER (Para, 1Q): Coordinator Name & Title Max lburn Mailing Address .,9Ol"B T Street. Denton. TX 76201 Addrex - - - - City - /Jp Street Address coy ?Ap Phone L, 'I'O E COMLETED BY TPS FUND OR WE F Cxloher I. 199 FOOII Effective Date of Agreement Contract Number Signature of Fund Secretary Date c ti r; f lit. E: 4 k~C I T Y I~ ~ ~ ~ ,r COU'NCILI ~4j E 33 l~ }IoQaoaaoooC1~~~;~ 111 ~ 1k.i~r~ o o F ~ {t s ,c„11 „f ! ~'ba 1 ~ ~i li~~ i~ 14 1:~! t 1 ! f.i ti' , ~y)vnrra tJo. _.lc~ -O/.~ - ~ ~(IVnd,i anrn._,~S !r win . May 05, 1992 (GC.y'c CITY COUNCIL AGENDA IT0 70: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Lloyd V. Harrell, City Manager RE: CONSIDER ORDINANCE AUTHORIZING EXPENDITURF. OF FUNDS FOR EXPOSITION MILLS OF TEXAS, INC. RECOMMENDATION: The Public Utilities Board, at thoir meeting of April 22, 1992) recommended to the city l;cuncIl approval of the request from Exposition Mills of Texas, Inc. ("Developer") for development plan funding for 4,350 foot of 12'1 water line and 450 foot of 8 Inch sower line, The cost for our participation is for an amount not to exceed $199,500 ($183,600 for water and $15,900 for sower). SUMMARY: Exposftlon Mills of Texas, Inc, is planning to build a collection of stores owned and operated by manufacturers, enabling goods to be sold at prices typically Iower than retail. The first phase contains 127, 000 square foot of rotall spaco. Estimated annual sales In excess of $24 million, The first phase will employ approximately 300 people, Initial investment exceeds $19 million, Exposition Mills will draw alongrthe Al-35rrcorrldo radius, This notcblonefit Is $423,684 as calculated by our economic model (Exhibft I). This project Is being constructed In place of the Manufacturers Retail Outlet, Inc, which was approved in Resolution No, R91-065 at the October 1991 meeting, That ordinance, which was for $''169,168, Is being ropealud by this hp reas De ielopmentlwill be boated furth ri Novthcost Outlet. than was the Manufac,~turors tRotall BACKGROUND: The City of Denton adopted a "Guideline for Funding and Selecting Dovolopment Plan Candidates Water and Sower Linos" on March 71 1989 (Resolution R89-019), This guideline was roplaced with the "Infrastructure Financing Policy" adopted by the City Council on February 19, 1991 (Resoiudoli R91-U08). This policy provides for the Utility Department to allocate $500,000 each year ($250,000 from both water, cand waslowatov), f kjendala(jn)l~S~_'~G fl Page 2 The unobligatod portions shall be carried forward oxrept that the total fund shall not exceed $2 million. Infrastructure shall be provided only to: I) Industrial prospects which havo committed to building facilities in Denton. 2) Commercial/retail prospects which have committed to building facilities in Denton and which: a) sell a majority of their goods or services to individuals of businesses outside of Denton or, + b) manufacture goods for consumption in Denton which were previously manufactured outside Denton. 3) Prospects which have committed to building corporate headquarters facilities in Denton. Financing will be allocated only if the financing model projects a positive net benefit. AGENCIES AFFECTED: Citizens of Denton, Denton Municipal Utilities and Exposition Mills of 'T'exas, Ina. FISCAL IMPACT: The estimated cost for our participation is $199,500. See Exhibit 11 for further project financial Information. Submitted by: Y4-f, v.' Lloyd V. Harrell, City Manag , Pr~opared by: I oo Al soli, Dik Water Engineering and Operations Approvod by R. F. Nelson, Executive Director Department of utilities 4 r. f ra ~t A Agenda Page 3 Flxhibits I: 'nfrantructuro Financing 131conomie Analysis Model II: Fund Analysis III: Location Map IV: Request Letter V: CIP Detail Sheets VI: Project Considerations VII: Minutes of PUB Meeting of 9/22/92 VIII: Ordinance y, t INFRASTRUCTURE FINANCING ECONOMIC ANALYSIS MODEL Exposition Mills of Texas, inc April 7, 1992 Analysis Window: 5 years Construction Cost: $199,500 <--As estimated by utility department staff Capital Cost: $89,192 see (1) Bond Amortization Debt service: schedule below (principal plus 7.5% annual Interest) Return on Investment: $54,775 stye (2) Return on Investment (6% annually) scheduled below Capital Cost: (DEBT, SERVICE +R01) $143,967 Benefit Total 567' 650 NEB' BENEFIT ` $4231684 QF (1) Bond Amortization Schedule - - (2) Return or) Investment Schedule Prlncl al Pmt 2% Years 1 6 and 6% Years 6 20) (ASSU9 E3 20 IF -.'A9 LIFE AND 6% R01) ri m 8egln ..._Prlncp Intrst Total Be In l~nnual Ending Annual Y©ar_ Balance Paymnt. _ Payrrnt_ fJaymnt Year Balarxo 1 $ Deprec. Balarxe ROI ro #ess $3,383 $14,963 $18,346 1 $199,500 $8,458 $191,042 $11,970 2 $196,117 $3,383 $14,709 $18,092 3 $192,733 $3,383 $14,455 $17,838 $191,042 $8,458 $182,583 $11,462 3 $182,683 $6,458 $174,126 $10,955 I t 6 $185960 $3,363 $14,201 $17,585 I 4 $174,125 $8,458 $165,666 W,447 1 7 $3,383 $13,947 $17,331 6 $186,666 $8,458 $167,208 $9,940 TOTAL ...,..72,275 669,1$2 TOTAL ~ ......ins l INFRASTRUCTURE FINANCING ECONOMIC ANALYSIS MODEL MANUFACTURERS RETAIL OUTLET, INC. BENEFITS Applicant's Not Property, Cities City's City's see Annual Not Tax Plant, & Valuation Tax Annual note 1 Tax Levy ovot Equl meant Unit Valuation Rate Levy below Levy 5 Years ~w cr • PROPERTY $14,600,000 / 100 $106,000 X $4,666 $72,021 X 26% $16,155 X 6Years = $9p 7/ti TAX REVENUE City's Net Estimated City's Annual see Annual Not Tax Annual Sales Tax note 1 'f'ax Levy over Sales Tax Le below Le 5 Years SALES TAX $26,0030900 X $0,01 $269,039 X 26% $64,760 X 51`ears io 3 7ta9 REVENUE (from products/services) Percent of Total Avg. Annual Applicant's Force Labor Force Labor Total Denton Salary Dunn Estimated Living In Llving In Force Labor Force & Bradstreet Labor Force Denton Denton Multiplier Affected 1985 Fist, EMPLOYMENT 300 X 60% ~ 160 X 3 S40 $26,503 Total Total Annual Annual Disposable 01g1'8 Not Income of Income of Cities Annual Soo Annual Net Tax D r Affected Disposable Affectod Sales Tax note 1 Tax Levy ovar o Labor Force income Labor Force Tax Lo below Le 5 Years W tyf B58 l,l $14,311,620 X 40% $6,724,648 X $001 $57,246 X 25% ~ $14,312 X6Years NOTE N I This percentage represents that portion of annual tax revonuo expected to Ix) generated by this applicant that CBSk k reasonably attributed to infrastructuro financing ` C~ rt I INFRASTRUCTURE FINANCING ECONOMIC ANALYSIS MANUFACTURERS RETAIL OUTLET, INC. Estimated Value of Net Construction Materials as Construction City's Cast of Percent of Material Cities Annual see Annual N Net'1'ax over Applicants Construction Purchased Sales Tm nnootee I Lax Levy 1 Year Facility Cost In Denton Tax Levy mmmwmmwmm~ f SALES TAX $10id00,flp0 X 40% ~ $4,400,000 X $4.01 $40000 X 1040/0 ~ $40,000 X S Year ~ 040 REVENUE FROM CONSTRUCTION %Contribulion $ Contribution ROI To To Ovor UTILITY Monthly REVENUE Revenue ` .rte X 5 years W0 EI VCTRIC $20,0()() X 12 $244,000 X lX $-/'200 % Contribution $ Contribution ROI Over Monthly RoTo To l ROl 6 Years Revenge WATER ~ $684 X 12 ~ $6,160 X 617%` X $547 X 6Years % Contribution $ Contribution Rol a Over Monthly HOI R01 S Years Revenge ~ . WASTEWATER $407 X 12 = $4,884 X 11.4% X ' $557 X 5 Year'a 764 TOTAL. BENFPIT 587 650 NOTE N 1 This percentages ropresents that portion of annual tax revenue expected to he generated by this applicant thot on i reasonably attributed to infrastructure finaticing C 1 ; ;i April 22, 1992 Agenda IICQI, 6~ W. I DEVELOPMENT PLAN - WATER & SEWER fry EXPOSITION MILLS OF TEXAS INC. FUND ANALYSIS WATER DISTRIBUTION (BOND) STATUS S {x1000} FUND SOURCE 92-0461-08 $250,000 PRIOR YEAR CARRYOVER $220,434 TOTAL FUNDS $470,434 EXPENDITURES Exposition Mills Estimated $183,600 TOTAL EXPENDITURES :183,600 AMOUNT OVER/(UNDER) BUDGET" ($286,834) WASTEWATER COLLECTION BOND STATUS $ (X1000 FUND SOURCE 92-047'1-08 $250,000 PRIOR YEAR CARRYOVER $183,442 TOTAL FUNDS 5433,442 EXPENDITURES Exposition Mills Estimated $15,900 TOTAL EXPENDITURES $15,900 AMOUNT OVER/(UNDER) BUDGET ($417,542) EXHIBIT 1 r. rt~oetla No. J ` 7L NORTH 11 DENTON F ' f, 0 b. j ~ 1 r PROJECT I IJ I ~ a I Caoori -A a~ rc I I le i I I~chr .~I DCN70H ~ i -C""^ I •.I If i~i.~/ ~ ( r wr , .ro f III i VRNICIVCL 10 14 ` N 11. .I . I I f I Y11 qj •4 I jlf h ''1p vW .:r rh`II ui \ r, illy ; I ur' ,.f 1 r ` r r i II. Ilr.,: ,5.. r I Iul ri r r,, 7 I I I nri~ 'IIEiI I!.li VIII L.,. r . I,... Ali: /'WU r ~j 1 ~1rll r rlltl E 1'~ ' ~ f ~DIfVlfl _ i f~l I IF IlL EXHIBIT 1 CITY 01' 0lM1AM, L46Tt%AR w 4ftit, ~aTCwiTnf ml» e! 1 I` f Agenda No..~ l)!..Slu_____ [ilia April 2, 1992 Mr, John Thompson, Chnirman Public Utilities Board City of Denton Municipal Building o Denton, Texas 76201 120: Candidate Water and Sower Lines 1-1111crost Center 1.35 North / Denton, Texas Dear Sir: Exposition Mills of Texas, Inc,, the dovoloper of approximately seventeen (17) acres in the above referonced development, respectfully requests consideration for Wnter and Sewer Line funding aesistance from the Utility Capital Improvement Funds for the currant year. Application for the funds shall be in compliance with the provisions of resolution #89.019, which adopted the policy antitied "Guidelines for Funding and Selecting Development Plan Candidates Water and Sewer Lines," The proposed Denton Factory Stores development site is located in th0 hlillcrest Center north of Westgate Road, fronting th0 I•35 service road, Denton Factory stores will draw customers from a 100-mile radius target markot, includh g all of the Dalins-Fort Worth metropolitan wren. Projected sales for Cho first 127,000 sq. R. phase will be in excess of $24,000,000 annually. Other cities with Factory Store Cantors have experienced spin-off growth in other retail as wall. Stores in the first phase will employ approxinmtoly 300 people, most from the Denton wren, Investment in the first phase of the Denton Factory Stores will exceed $9,000,000 Including hard and soft costs. The Denton Factory Stores Center will he an attractive, well mnintainad facility which should draw the vast majority of its customers from outside Cho city, and help spur the commercial growth of tho 1-;35 north corridor, Thank you for your consideration of this request. Should you hnve fill(] questions regarding the above, please contact me. Sincerely, Donald I). Dillard Vica President cc: Jamas L, Parker, President ~-9 d~11 phompruu.IIHfI11MJ.1f1 Kvposilkm i%fills of"faxes, ]n0. cam, 3401) Thanksgiving Tower IEi1)1 Elm Slraol i]ellos,'£nxae. 7r)2()I • I4 Jl I Dli,~ 1 ri i3 s` 91 92 CAPITAL IMPROVEMENT PROJECT 92-0461-0_8-08 ~ PROJ TITLE: DEVELOPMENT FLAN WATER LINES Nta ESTIMATED COST: $250 (x 1000) EVALUATION SCORE: 49 GROUP ASSIGNMENT: 7 ' DESCRIPTION: Extend water fines to committed industrial development, Actual sites to be determined as proposed. PURPOSE; Increased revenue. COST CALCULATION: Individual line consideralion. ° FUNDING REOUIREMENTS:CASH FLOWS/ENCUMBERANCES (In Dollars x 1000) ENO EXP ENO EXP ENO EXP ENO EXP ENO EXP ENC EXP 1992 O 20 20 N 20 20 D 20 20 J 20 ; 10 F 220 20 M 20 20 3 I 23 S 22 22 A 23 23 M 20 20 J 22 22 J 20 20 1993 O ; N D ; J F M A M J J A S 1994 0 N 0 J ; F M A M J J A S ENCUMBERANCES CASH EXPENDITURES 0140 REV AIC OTHER TOTAL BOND REV AIC O'rHER TOTAL TOTAL ISTYR $0 $250 $0 $0 $250 $0 S250 $0 $0 $260 TOTAL 2ND YR $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 TOTAL 3RD YR $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 GRAND TOTAL $0 $260 $0 $o $280 $0 $260 $0 $0 $250 ENCUMHERANCE DATES. PHASE DATE AMOUNT General Purchase Engineering Design Inspection Construction As Spent $250 Miscellaneous ENCUMBERANCE TOTAL $260 COMMENTS: 2110190 19: 11 P 9 k 4 u G i 1992 CAPITAL IMPROVEMEN PROJECT # 92-0471-08 PROJ TITLE; DEVELOPMENT PLAN SEWER LINES ESTIMATED COST: $250 AJcntla Ito+n_~, -~~l (x 1000) EVALUATION SCORE; Wto GROUP ASSIGNMENT: 7 - j xx-j - DESCRIPTION: To extend Sewer lines 10 c0mrnltted induslrral davelopmenls. Actual Snes to be determined as proposed. PURPOSE: Increased (avenue, COST CALCULATION: Esturnated coSI $250,000 FUNDING REOUIREMENTS:CASH FLOWS/ENCUMF3ERANCES (In Dollars x 1000) ENC EXP ENC F.XP ENC EXP ENC EXP ENC EXP ENC EXP 1992 0 20 20 N 20 ; 20 D 21 21 J 21 21 F 21 ; 21 M 21 21 A 21 21 M 21 21 J 21 21 J 21 21 A 21 21 S 21 21 1993 0 N D A M J F M A 1994 0 N A M p j F J M A S ENCUMBERANCES CASH EXPENDITURES BOND REV AIC OTHER TOTAL BONO REV AIC OTHER TOTAL TOTAL 1ST YR $250 $0 $0 $0 $260 TOTAL, 2ND YR $0 $0 $0 $0 $0 $0 so $0 $0 $0 $260 TOTAL 380 YR .$0 $0 $0 $o $0 $0 GRAND TOTAL $260 $0 $U $0 SO $p $U $0 $0 $0 $250 $0 $250 $0 $0 $0 $260 ENCUMBERANCE DATES Encumbered as spent, PHASE DATE AMOUNT General Purchase Engineering Design Inspection Conslruolton As Spent $260 Mtscellaneous ENCUMSERANCETOTAL $zso COMMENTS: 4118191 9:2 r 1 Agenda Itant_~'~5q~'~,~~~ PROJECT CONSIDERATIONS ~~~`~-`--f•~ (J • This project qualifies for funding according to the city Infrastructure Financing Policy, The maximum cost for this participation is $199,500, • Final cost will be determined by bids and actual construction cost. • This project replaces the former Manufacturers Retail outlet, Inc, 4p n f1 V Agenda No, e~:.QLS.___ \ Agenda I,nm~i~ EXCERPT PUBLIC UTILITIES BOARD MINUTES April 22, 1992 6. CONSIDER REQUEST FOR DZVELOPMENT PLAN WATER AND SEWER LINZ FUNDS TO EXPOSITION MILTS OF TEXAS, INC. This item was moved ahead in the meeting to accommodate guests ° in attendance. Nelson introduced the information stating that. this situation is similar to plan line issues that have been discussed before with a slight modification. The only change is the distribution between water and wastewater. The water run is shorter and the wastewater is larger than before. This project brings the line to the site only. Allison explained that Item #7 brings the lines across the site and addressed water line oversize participation. Thompson asked what kind of analysis was done. Allison explained that this project will result in a $480,000 benefit to the city according to the econmic development analysis model. Coplen noted that this amount includes sales tax, etc., all together. Nelson recognized Mr. Don Dillard and Mr, Roy Weston representing Exposition Mills. Actions After genexal discussion, Laney made a motion to approve the Development: Plan water and Sewer. Line funding for Exposition Mills, Inc, Second by Coplen. All ayes, no nays, motion carried. 5 t . V 7 a.1 ( ~r I e:Aupdocs\expos,r a~ 1705,4 A3entla No -_-L~`4/5 RESOLUTION NO. A RESOLUTION APPROVING THE FUNDING OF WATER AND SEWER LINES TO SERVE PROPERTY TO BE DEVELOPED BY EXPOSITION MILLS OF TEXAS, INC., IN ACCORDANCE WITH THE GUIDELINES FOR FUNDING AND SELECTING DEVEL- OPMENT PLAN WATER AND SEWER LINES; AND PROVIDING FOR AN EFFECTIVE DATE. A WHEREAS, Exposition Mills Of Texas, Inc., ie proposing to con- struct a commercial facility in the Hillcrest Business Center De- velopment within the City of Denton and has requested the city grant incentives in accordance with the economic development poli- cies of the Denton Development Plan; and WHEREAS, the Public Utilities Board and the Planning and Zoning commission have recommended granting the request for City funding the construction of sewer and water lines to serve the Exposition Mills of Texas, Inc., site; and WHEREAS, the City Council has determined that the request by Exposition Mills of Texas, Inc., meets the requirements and qual- ifications of the Guidelines for providing commercial development infrastructure assistance; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. That the request of Exposition Mills of Texas, Inc., for City funding of the construction of water and sewer lines to serve property to be developed as a commercial facility in the proposed Hillcrest Business Center is approved to the following extent: (A) The City of Denton will pay a maximum of $183,600 for the construction of approximately 4,350 feet of twelve inch (1211) water line. (A) The City of Denton will pay a maximum of. $15,900 for the construction of approximately 450 feet of eight inch (801) san- itary sewer line. (C) The City shall only pay the funds if Exposition Mills of Texas, Inc., develops the proposed site for a commercial Fa- cility. TION ,jI. That the cost of funding the approved water and sewer lines shall be paid from the funds currently budgeted for economic development purposes, provided all applicable bidding requirements are met. Page 1 s f f I Agenda Na.. Lea D/~~ Agenda Ilem_ D31 0 P-1 SECTIOA' III. That the funds shall be paid in accordance with a participation agreement executed by the City Manager and Exposi- tion Mills of Texas, Inc. SECTION IV. That Resolution No. 91-065 is hereby repealed and the city Secretary is hereby directed to inscribe on said resolu- tion the fact that it has been repealed and superseded by this res- olution. ST,CTION V. That this resolution shall became effective imme- diately upon its passage and approval.. PASSED AND APPROVED this the day of 1992. BOB CASTL'FBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY:_ APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY c_ _ BY C Page 2 c y r ki I r r i i C I T Y COUNCIL[ t+t 11: t `'1I-~lyil_ {r itY rl;.:. tf-~L .T1fjL- t}1 j}t i 1 i.; ~ I... t l , E 1-Ht, r~ -rig f .."i~'_ t~E 1X~ r3t:f l - ~t ~y _ ,1117. ' ~ . ~ 1 ~I 7~ 1- 4 ti Id i -t. 111 1. E C~ 4 E~-~ 1!! r l I 1-~~~ l 0 Y ~ j~11 ! :1 T it 1 r _ 'H?ritj: ~ tt,t3 {r. ,`EI t.x T r. ! L I I p. 4 DATEt )05/05/92 ;~pnrla No, -1 CITY COUNCIL REPORT TO: Mayor and Members Of the Council FROM: Lloyd V. Harrell, City Manager SUHJECTt PRELItJT.NARY PLAT OF LOTS 1 THROUGH 19, BLOCK 1, OF THE PILOT PARK ESTATES SUBDIVISION A RECOMMENpATIONI 5-0 The Planning and Zoning Commission recommends approval by a vote, conditioned on the approval of the two recommended variance requests. SCMMARYI dered don the north The 22.735 acre Lewlville, north of orchid Hill ' Lane. on it the is western and eaut by the lake, and on the south by Pilot Knolls Park, administered by the U. S. Army Corps of Engineers. Currently, the land is undeveloped, and is proposed for 19 home sites - each in excess of one acre. rom Variances have been o str c des dew lkX£1In conjunction awithfthe construct requirements toi 1) Interior street., and 2) limit the length of the Interior street to 1,000 feet:. 11ACXGROU N D t The property is located in the extraterritorial jurisdiction (ETJ), therefore it is not zoned. Water service is available osQe to securuaaepticlt Water Company. The applicant prop telephone and electrical the Texas Department of Health. Gas, services are available. The proposed Highway 2499 may come near the site. The plat does not conform to the minimum vequireme,d ifovariancer t34 o of the coda of ordinances, The pla may be appr those minimum requirements are aPpl:OVBd. None FuoL IMPACTt None r f, I Agrnda Flo. _ Agendn city council Format a Pilot Park Eetatea Preliminary Plat 05/05/92 Re4yd ully submit.tOds Prepared bye . Harr ell city Manager e---r 0, Owen Yoit, LA Urban Planner Approvedr FY.a k H. , k ,4. *ns, Ro bA-- Executive Director Planning and Development AAA00658 a AAA00658 r, `s r. yi ;t J Pilot Park Estates ATTAk ',JEJO„I 1 410ndaNo...__. Agenda Rllm_ J T~` C .:r NORTH a ~i S PA. 2191 oaaly lit ,fem. ill PA. 407 r VX 1171 SCALE; NONE DATE: 4/1.3/92 + f w'. Nenda No, ATTACHMENT 2 Aqvdj join ;el P-92-01.4 Pilot Park` NORTH c .<I~ ~~I M9 °NN.H' IL (N~f+w ~ /.y w~\ \ 1 fn\ rIle \ } Inpo,V JIB r°~1j\` • \ ~ \fb\\\\ 1 S'`\h MI 1 ! 917 ~Oi I i(~~ \ ' ~ Jr 4. \ 50 11 1 ~r~/ 1 L~ ~°J• \ f y~°I. 6yRr\\~ 1~,\ fl L. yri. '(~(r~S f!f'0°I° ~ 11 ~ '1`- ;I •lly~ J ~ ~ M~~~ y II'o1 >o'r •s' ~'f fa~a M fd PRELIMINARY PLAT Date- 4/16/92 Scale: NONE r. r u s Honda NO..~ ATTACHMENT 3 P&'L Minutes D NY April 22, 1992 Page 7 b. Consider the preliminary plat of 22.735 acres in the ETJ, proposed as Lots 1- 19, Block 1, Pilot Park Estates. Mr. Yost stated that since the Commission just recommended approved of the a variance requests, the Development Review Committee can recommend approval of the preliminary plat. Motion was made by Mr. Holt, seconded by Mr. Kanunan, and unanimously carried (5.0) to recommend approval of the preliminary plat of Pilot Park Estates. IX. Director's Report Mr. Robbins reported that there will be a lighter agenda at the next meeting. He asked the Commission if they would like to have a strategic thinking work session at that meeting. He said that the Sign Board of Appeals approved a 75' sign for Cracker Barrel. They noted issues of the north bound lane being able to see the sign and the way University and I-35 connect, There are also other signs in the area that may block the Cracker Barrel sign. Mr. Glasscock said that lie saw a debate on Channel 2 that indicated that Cracker Barrel would not come to Denton if they could not get a sign variance. Mr. Engelbrecht said that the variance seems to be based on tlr- size of the sign in front of them. Mr. Robbins said that he was partially correct. Mr. Eligelbrcchl said that the next sign clown could be 100' tall using the same logic, Mr. Morris stated that Shoney's has indicated that they will now seek a variance also. Ivfeeting adjourned. a~ C r. i t r f~~j f- t ii' 1 Y r ft'_rCOUNCIL +F rT # fit rr#' fit = ooo°onooavvvo ,t_ o ° o~ E 1 [:r ff}}f3~ C ~7 ~ ~ ~JJJ I _04711 r.. r r {V~~) J... ILI I, I !t!ldnUa Ilrm_ J May 05, 19922 CITY COUNCIL AGENDA ITEM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Lloyd V. Harrell, City Manager s RE: CONSIDER APPROVAL OF ADDITIONAL LEGAI, SERVICES FROM THE LAW FIRM OF LLOYD, GOSSELINK, FOWLER, BLEVINS AND MATHLWS, P.C., TO REVIEW THE CITY'S FINAL NEGOTIATED CONTRACT FOR WATER TREATMENT AND TRANSMISSION SERVICE AND RAW WATER SALES AGREEMENT WITH THE UPPER TRINITY REGI()NAL WATER DISTRICT. RECOMMENDATION The Staff recommends approval of $10,000 in legal services from the law firm of Lloyd, Gosselink, Fowler, Blevins and Mathews, P. C. , to review the City's final negot?ated contract for water treatment and transmission sorvice and raw water sales agreements with the Upper Trinity Regional Water District, SUMMARY On July 3, 1991) Denton entered into an agreement for legal services to review the Denton/UTRWD Joint Ownership agreement, Fees were based on hourly rates with a total not to exceed $9500 unless authorized by Denton, The analysis and recommended changes were completed within the $9500 limit, Howevor, at the request of the City Council on Tuesday, on August 13, 1991, tho staff' was directed to discontinue roview and analysis of the joint ownership agreement and, instead, prepare water treat merit It.ransmission services and raw water agreements, The staff then so advised the Austin attorneys to proceed with drafting the subject contracts. With continued assistance from Denton staff, it was anticipated the additional legal review would be approximately $15,500, resulting in a total cost of $25,000, However, due to the extensive treatment ltr nsm lssio n services and raw water legal agreen ents, he additional fe the have totaled approximately $17,300, As reported to the Council on April 28th, the staff has finalized tine terms of the two agreements and, as per Council's request, are ready to send these contracts to our Austin attorneys for final legal rovlow, The estimated cost for this legal review is $8,000. Therefore, this request is for $10,000 to cover the pending legal review and to cover the additional $2,000 for previous services rendered, but not yot paid, AUondd Iwo)- s_ N to f BA4%xGRO1JND Denton had been working to develop a new 10 MGD water plant near Lake Ray Roberts, Denton had been negotiating with the UTRWD to jointly own that plant. In an effort to address all the issues, a very complicated preliminary contract had been developed. The firm of Lloyd, Goi;selink, Fowler, Blevins and Mathews, P,C. had been a hired to help Denton in its review of this contract. The purchase order for legal services to review thlri contract was limited to 19500. On August 13, 1991, the staff reviewed with the Council tha issues raised by the legal firm of Lloyd, Gossolink, Fowler, Blevins and Mathews, P, C, The Council expressed concern about entering into a joint ownership agreement with the UTRWD at this time and directed the staff to discontinue joint ownership contract negotiations but instead, develop and offer the UTRWD a water treatment and transmission services agreement and a raw water agreement, On September, 3, 1991, the Council authorized Increasing the Legal Services Contract by $15,500 resulting in a total not to exceed amount of $25,000. FISCAli SUMMARY The additional services are estimated to not exceed $10,000, PROGRAMS DEPARTMI: 4T OR GROUPS AFFECTED Citizens of Denton, Denton Municipal Utilities, UTRWD, Legal Counsel and City Legal Department R:~spe ul1y submi d, `'L}r~ V . Flurrell, City M nagor Pre ared/Appr ved by; f R.F. Nelson, Executive Director Department of Utilities EXHIBI'T'S Proposed Resolution g L a ~f 5 t t - - :t. - - 1= - a t a . I t----- - - IF fCITYKI~ ~g-1 f;C0I7NCIL 1 ~rit +j J } E # tE ty ,t f,~ t1 rt; 1 if' t~. t ~ f 1r - - - - - ~kI#~ - - tlr ' i ! i it+o~ooa~tooo tt lI ~IE a 1.-~oQ O P G P ~C ;)nl- r t 1,. Ilk 1 1~_ ,~J. • n I~ ~1t1. 1111- ♦ I ~ ~ 11f'. L~0 F r I.1 I { It aULl lla~ } 14 41,~af(li t,1-14 1 f r ` i if t!.. ~ :`ti; ~rt1.l,1tt I: ~I r:►1 hit 4. 1 4-1 ~i ;j canv.o ORDINANCE NO. AN ORDINANCE CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE REGULAR MUNICIPAL ELECT:CON HELD IN THE CITY OF DENTON ON MAY 2, 1992. THE COUNCIL OF THE CITY OF DENTON, HEREBY ORDAINS SECTION I. The City Council finds and declares that the May 2, 1992, regular municipal election was du;y ordered for the purpose of electing three Councilpersons to Places 51 6, and 7; that proper notice of the election was duly given aAd election officials ap- pointed; that the election was duly held and tha returns of the election officials have been delivered to the Council, all in ac- cordance with the laws of the State of Texas and the Charter and ordinances of the City of Denton. SECTION II. The official returns of the election officials having been opened, examined and canvassed, and the council hereby finds and declares that _ votes were cast at the election, and that the votes cast for each place on the Council were as followsl EARLY VOTING: FOR PLACE 5: Herman Wesley _ votes Jack Miller votes Jo Nash votes Scott Pawgan votes FOR PLACE 61 Euline Brock Y votes John Trent voter► Tom Thomas votes FOR PLACE 7: Bob Castl.eber.y votes Joe Dodd votes Tommy N. Richardson votes t r Y. ~t ag node No. Agenda Ilem. TOTAL VOTES CAST: FOR PLACE 5: Herman Wesley votes Jack Miller votes Jo Nash votes Scott Pawgan votes 4 FOR PLACE 6: Eul.ine Brock votes John Trent voted Tom Thomas votes FOR PLACE 7: Bob Castleberry votes Joe Dodd votes Tommy N. Richardson votes SECTION III. The Council finds a declares that each candi- date listed below received a majorit- the votes cast for each place on the Council. and that each cand_ to listed below is hereby declared to be elected to the City Council of the City of Denton: FOR PLACE 5: FOR PLACE 6: FOR PLACE 7: and the candidates shall assume the duties of their office on the date that they take the official oath of office. PASSED AND APPROVED this the day of 1992. HOH CASTI,EBERRY, MAYOR ATTEST: JENNIFER W.ALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRA'%OVITCH, CITY ATTORNEY BY: i' Pago 2 't r. f~ ~i + ti tr 4 f t 14- i" #C I T11 COUNCIL rr~ r -IT I 1 } i ~ ~ . Lam' -t: {1 TI. r IT t.. 1-14 [1 € r y 7777 i i i tai tt f t:t1 t; li t~~' + Tt ' a r.it rkt~p .o- > i , _ "1 1 ..,~1 1 C t r- JJ~~ 1. ~~7l7n {ll #F.~~.I 1 t~1~11~i31~ ~t~ t1:1t~1 ~ 1},: ~ . 11.1 .,-`.~Iltl . . ~I HANDOUTS GIVEN TO COUNCIL 5-5-92 THe mornson miLuno compAny P.0. BOX 719 OEWON, TEXAS 76202 18171 387.6111 May 4, 1992 Denton City Council Denton, Texas; 76201 Dear Merlbers of Denton City Council: is r~. ththe toe present Warehouse As you review , I would proposed like position on in Moore Building, matter.. First, we at The Morrison Milling company sincerely hope we can bring this matter to a close with a lease that both you and ourselves can feel comfortable with. We feel that this will be a beneficial relationship for Morrison's and the community. I would like to explain to you our position on what appears to be the final point to be resolveel in the lease. This issue pertains to the routing of trucks. Let me assure you that we will take all steps at our disposal to insure that truck traffic from both our plant and the Moore Building follow the proper routing. We will, keep a log at both facilities to track all traffic in and out. we will also issue maps of the routing as well as instructions from our employees to further insure that trucks do not stray. If a particular driver, be it ours or one of our customers, should violate this route more than once, we would loan that driver from operating a vehicle at the Moore location, These and measures business our n neighbors will take snot disturbed abyt our routing are the followed type operations. I would like also to explain why we feel we can't accept the lease as it was worded before our change, With the previous wording, if there were a certain number of violations in a specified period of time, we could be evicted from tha building. This could occur even if we were doing everything possible to correct the situation, which we certainly would do. Please understand that we are investing over $100,000 in this building, as well as our future growth for a substantial period of. time. If we were to lose this facility after the leans were signed, it would to secure oinea short hinder severely suitable for out lusebwoald be very operate dif•ficul business. period of time. c k i3 r Denton city council May 4, 1992 Page 2. In closing, I would like to stress our desire and intent to be good neighbors in the community. The Morrison Milling Company has always taken pride in our community. We have for many years contributed time and money to civic and charitable undertakings. a We also support both Universities to enhance their academic and athletic programs. Morrison's core business, the processing of wheat and corn, provides a market for these grains from Denton County producers. in good years, our harvest payments alone have amounted to $3 million. Morrison Milling also expends millions of dollars annually in payroll; taxes; utilities; other city services as well as purchases from local suppliers. We consider ourselves not just a business operating in Denton,'but very much a part of the community. sincerely, THE MORRISON MILLING COMPANY Clifton Shoemake Executive Vice President cs/jlg r, r. r HANDOUTS GIVEN TO COUNCIL 5-5-92 Mobil Natural Gas inc. 1245% anEFUSnnirn PMYL.- HOUSTON, r£%AS Y W 1991 1 April 30, 1992 City of Denton Utlllties Electric Production Division 1701-A Spencer Road 4 DOTlton, TX 76205 Mr, Jim Thune NATURAL GAS CONTRACT ,,+y MOBIL CONTRACT NO. 5-7475 Dear Mr. Thurier Attached are two executed copies of your standard contract for natural gas sales as required by your Bid Invitation No. 1355, This letter serves to document the mutual understanding between Mobil and the City of Denton that the subject contract is fully interruptible, for any reason, and the wording "Best Efforts" in the performance standards section of the contract does not Infer a firm ob''lgation by either party, Please have the appropriate individual at the City of Denton indicate concurrence with the above statement by signature below and return to Mobil. Mobil's submittal of the executed copies of the subject contract: is contingent upon concurrence by the City of Denton as evident by signature below. Very truly yours, e.4jxl- S, C. Freeman t?!ti Manager, Long Term Natural Gas Sales SCFlrrn CONCUR! (Print.erl)t Title: A S1 1 Standard contract Standard Contract City of Denton Utilities Interruptible Natural Gas Sales And f tirchnse Contract Agreement Date: 9pu 1 d Mobill Natur__ ai gas Inc, (SELLER) a Delaware - -_.._Corporaliun agrees to deliver and sell gas to lte Ci(v of Denton. Texas (Buyer) and BUYER agrees to purchase and receive said natural gas from SELLER pursuant to file terms and conditions hereinafter set forth. I. DEFINITIONS 'file term "Agreement" shall mean [Ills Interruptible Natural Gas Sales and Purchase Contract including Attachment A which is lncorporaied herein, Tho teen "month" shah mean a calendar month. The term "AIMBtu" shall rncan one million (L(X)(),(XX)) brifish thermal unils. T'he tern "Receiving pipeline" shall atcan the Infersaic, intrastate, or focal distribution company iminedia(ely downstreain of the point Of Delivery. Tine term "Buyers Notice" shall mean Tire letter agreement a as Attach form copy of which is attached hereto ment A, which rnav be executed by BUYER and SELLER from (late (a tfine and which shall bind BUYER and SELLEi2 to particular irnnsacfions for the purchase aifd sale of natural gas in accordance svhflt the terms thereof rind Ihrs Agreement, flue term "Point Of Delivery" shall mean Ilse location of the phvslcal defivery W tile Receiving Pfpclinc. TI-AMIr The initial term will be one year from lire date hereoL amt rnunfh( to monlil thereafter, subject to the fight of either party to (ertninaic this Coniracf at 30 days prim written notice to the other parf,v. •i. NOCI, AND PAYMENT Of COSTS AND TAXIr.S 1111(012 "110 Dh.LIVI';11Y: fin a rnoutitly basis, the price to be paid by BUYER fur i9a,s delivered by SELLER shall be specified ou rite "Buyers Notice" shown in Artachmeirl A. Prices chaff include and SELLER shall be responsible lint payment of all rovaltfes. production urxcs, property lazes. severance taxes. purchaser axes, and all other taxes and license fees winch Munch to file gos prior to delivery hereunder. Prices shah also include and SELLER shall be responsible For puvmcn( of gathering raid transportation charges to the Point Of Delivery, payments or other charges !hereon applicable before the Lille of g;rs passes (o BUYER at the Point Of Deliveiv, BUYER Shall pay transportation charges on the Receiving pipeline, (lownstrearlt of the Point Of Dcliverv. PAGE 18 y tl y I' Il I 4. QUAN'1'I'IY AND POINTS OF DEILIVPRY; Gas quariddes and points of delivery will be specified on a monthly basis on the "Buyers Notice", as shown in Attachment A, signed by BUYER and by SELLER, Requests for bids, submission of bids, or preliminary correspondence will not act as a Buyer's Notice and shall not be the basis for gas 4 deliveries under this contract, SELLER shall deliver gas quantities consistent with the quantity, Point F Of Delivery, Receiving Pipeline, and dates as specified in the "Buyers Notice" from the BUYER. 5. BIiS'r LFFOR'G4 PERFORMANCE: SELLER will make a best effort to deliver, and BUYER best effort to receive, the gas quantities as specified in the Buyer's Notice. Either party may at any time curtail or interrupt service with no liabillty to either party. The curtailing party will make diligent efforts to notify the other party of the siUtation within 48 (tours. h. INCREASES IN QUANTI'T'Y AND CHANGES TO POINTS OF DELIVERY: BUYER may request increases to gas quantities or changes In points of delivery by specifying these N11 requests in a revised "Buyer's Notice" to the SELLER. If accepted by SELLER, SELLER shall make all arrangements needed to revise deliveries within 24 hours, If SELLER wishes to Increase gas quantities or change points of delivery, he must notify BUYER, and receive a revised Buyer's Notice signed by BUYER to do so. 7, OVER-IMAVERILS If SELLER provides gas quantities for a month in excess of 4%abc, a the quantitiaC in the "Buyer's Notice" or at points of delivery not specified in the "Buyer's Notice", BUYER shall fluve the right 10 refuse the quantities of gas and shall be exempt from any payments on those gas quantities. SELLER shall be liable for any penalties or excess storage or transportation charges owed by the BUYER as a result of the SELL.ER's deliveries in excess of 4% of the Buyer's Notice or at locations not specified in the "Buyer's Notice". S. GAS AND PRICE UNIT'S: All gas qu„ni tics and prices shall be in NIM91u adjusted to 14.650 psi, al a temperalure of Ell degrees Fahrenheit, with both Mcf and Btu tree of water vapor (Dry). Prices will be in U.S, dollars, 1. QUALITY AND PRESSURE; The gas delivered by SELLER shall meet (fie pressure requirements and quality specifications of the Receiving Pipeline. III. '1'I'I'LI;; SELLER warrants for itself, its succcsutrs, heirs and assigns, title to all gas delivered and accepted by BUYER hereunder. SELLER warrants II has the right and lawful authority t(Isell the gas and that such gas Is free from Hews, encumbrances and claims ofevery kind. SELLER shall Indemnifvand save BUYER harntfess from all suits, claims, liens, darnages, costs, losses, expenses and encumbrances of whuisocver nature arising out of claims of any or all persons to said gas or the [file of said gas. SELLER shall be tit control and possession of and responsible for any risk of loss, damage, clalm, liability or injury caused thereby until the eas has been delivered to the BUYER tit the Point Of Delivery. Tiite and risk of loss shall pass at due Point Of Delivery from SELLER In BUYER. PAGE 19 t , t r. I' tk , it It. 1)F:rERMIN1NG PAYAIENTVOLUMES: On approximately the i5lh day following the end of each month of gas deliveries, SELLER shall furnish BUYER a statement specifying; volume delivered, location, and Receiving Pipeline. If these volumes differ from BUYER's independent monitoring of deliveries or Receiving Pipelines records, BUYER shall have the right to pay on the undisputed amount either under protest, or (it) upon final agreement being made on the delivered volum by BUYER, SELLER and Rccc!ving Pipeline, BUYER and SELLER shall have the right to later revise payment volumes as a result of additional or revised volumetric data from the Recciving Pipeline or other companies associated with the production, sale, storage, or transporuition of the gas. l2. PAYMENT Within 15 days of receipt of the statement, BUYER shall make payment to SELLER for the gas quantities as determined In Paragraph It. Payments statements should be directed to BUYER at: City of Denton Utilities Electric Production Division 1701•A Spencer Road Denton, TX 76205 Attn: Jim Thunc, Manager, Electric Production I.S. NOTIFICATION: Communications regarding the performance of this contract shall be directed to: SELLER: Mobil Natural Gas Inc, BUYER: City of Denton Utilities 12450 Greenspoint )rive Electric Production Division Houston, TX 77060-1991 1701•A Spencer Road Attn: Manager, Long Term Denton, TX 76205 Natural Gas Sales Attn: Jim Thunc, Nlanaget, Electric Production Id, PERFORMING NOMINATIONS: BUYER sv!tl be solely responsibl, for nomination of gas vole nes to (lie Receiving P!pelhte, unless SELLER is given specific wrlttcn authorization front BUYER to perform these nominations. SELLER shall be responsible for all necessary nominations to transporters and all others related to (lie supply of datural gas prior to Point Of Delivery. I5. EXCHANGE OF GAS QUANTITY INFORMATION: During the, period of actual gas deliveries. SELLER and BUYER shall make available to each other current estimates of gas Iluws at the Point(s) of delivery under this agrc.-menu for the purposes of nomination to others and the monitoring of actual gas quantities delivered, If Seller is unable (u provide current estimates of gas activity io BUYER. SELLER will assist BUYER In obtaining said information front pipeline transporters, proces.s!ng plant Operators, well operators, or upstream suppliers. 16, GOVERNING STATE: This ngtccmenr shall he Construed pursuant to the Inws of the State of 'texas and venue for its consttuctiun and entorcennem shall lie in [lie COUrts of Denton County, "Texas. PAGE 20 , f 1 ~ nn 1S~ SELLER: Mobil Natural Gas Sales` BUYER; ar T111a: Manager, Long Term Natural Tina: Gas Sales ' Date: April 30, 1992 Data: FLAG r 21 4v' J Y,_ w r re,;¢ ++x>i 6 5 r BUYERS NOTICE GAS SALES AID Fi1RCNASE AGREEMENT Date Of Buyers Notice; DATED: Buyers Notice N tMwr: _ BUYER: SELLER; Natural Gas purchase quantities for _ o All votunes and priees are based on MMatu ad)ustW to 14,650 Dry, pricey ere in U. S, dollars. Dotes for Point of DclfveIX Delivery Roceiving Total NNBTU Faef(!t NMBtu/Oa Price y iod 114650 rPer0 D (S/MMBtu) L) .L4 650 Accepted And Agreed: (BELLE6) Accepted Arid Agreed; (BUYER) Its: ` Dated! _ 4 GASBrD PAGE 22 a BfIV.O HANDOUTS GIVEN TO COUNCIL 5-5-92 ORDINANCE NO, AN ORDINANCE CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE REGULAR MUNICIPAL ELECTION HELD IN THE CITY OF DENTON ON MAY 2, 1992. V THE COUNCIL OF THE CITY OF DENTON, HEREBY ORDAINS: SECTION I. The City Council finds and declares that the May 2, 1992, regular municipal election was duly ordered for the purpose of electing three Councilpersons to Places 51 6, and 7; that proper notice of the election was duly given and election officials ap- pointed; that the election was duly held and the returns of the election officials have been delivered to the Council, all in ac- cordance with the laws of the State. of. Texas and the Char r and ordinances of the City of Denton. jECTION_I'I, The official returns of the election officials having been opened, examined and canvassed, and the Council hereby finds and declares that 4,362 ballot, were cast at the election, and that the votes cast for each place on the Council were as follows: EAF ,Y C)TSNG: FOR. PLACE 5: Jack Miller 615 votes Scott Pawgan 11 votes Herman Wesley 258 votes Jo Nash 154 votes FOR PLACE 6: Euline Brock 523 votes Tom Thomas 33 votes John Trent 53.3 votes FOR PLACE 7: Joe Dodd 55 votes Tommy N. Richardson 82 votes Bob Castleberry 864 votes 4 r ry ~ ~i t, J I~ . The early ballots cast in District One fur each candidate are as follows: FOR PLACE 5: Jack Miller 41 votes Scott Pawgan 3 votes Herman Wesley 91 votes Jo Nash 12 votes 9 FOR PLACE 6: Euline Brock 53 votes Tom Thomas 5 votes John Trent 90 votes FOR PLACE 7: Joe Dodd 9 voters Tommy N. Richardson 13 votes Bob Castleberry 118 votes The early ballots cast in District Two for each candidate are as follows: FOR PLACE 5: Jack Miller 235 votes Scott Pawgan 4 voteE Herman Wesley 67 votes Jo Nash 60 votes FOR PLACE 6 Euline Brock 189 votes Tom Thomas 13 votes John Trent 161 votes FOR PLACE 7: Joe Dodd 20 votes Tommy N. Richardson 28 votes uob Castleberry 289 votes C Page 2 a. r r, The early ballots cast in District Three for each candidate are as follows: FOR PLACE 5: Jack Miller 176 votes Scott Pawgan 2 votes Merman Wesley 43 votes Jo Nash 42 votes FOR PLACE 6: Euline Brock 144 votes Tom Thomas 8 votes John Trent 124 votes FOR PLACE 7: Joe Dodd 15 votes Tommy N. Richardson 20 votes Bob Castleberry 231. votes The early ballots cast in District Four for each candidate are as, follows: FOR PLACE 5; Jack Mi:l.ler. 163 votes Scott Pawgan 2 votes Herman Wesley 57 votes Jo Nash 40 votes FOR PLACE 6: Euline Brack 137 votes Tom Thomas 7 votes John Trent 138 votes FOR PLACE 7: Joe Dodd 11 votes Tommy N. Richardson 21 votes Bob Castleberry 226 votes C c page 3 r TQTAL VOTES CAST; FOR PLACE 5; Jack Miller 21237 votes Scott Pawgan 52 votes s Herman Wesley 831 votes Jo Nash 743 votes FOR PLACE 6: Euline Brock 2,045 votes Tam Thomas 121 votes John Trent 1,859 votes FOR PLACE 7: Joe Dodd 298 votes Tommy N. Richardson 356 votes Bob Castleberry 31215 votes The total regular ballots cast in District One for each candidate are as follows: FOR PLACE 5: Jack Miller 118 votes Scott Pawgan 4 votes, Herman Wesley 130 votes Jo Nash 38 votes FOR PLACE 6; Euline Brock 195 votes Tom Thomas 8 votes John Trent 86 votes FOR PLACE '7: Joe Dodd 34 votes `Pommy N. Richardson 31 votes Bob Castleberry 189 votes C Page 4 h 7 v i s V The total regular ballots cast in District Two for each candidate are as follows: FOR PLACE 5: Jack Miller 589 votes Scott Pawgan 15 votes ' Herman Wesley 182 votes Jo Nash 238 votes FOR PLACE 6: Euline Brock 551 votes Tom Thomas 35 votes John Trent 474 votes FOR PLACE 7: Joe Dodd 103 votes Tommy N. Richardson 107 votes Bob Castleberry 840 votes The total regular ballots cast in District Three for each candidate are as follows: FOR PLACE 5: Jack Miller 506 votes Scott Pawgan 13 votes Herman Wesley 120 votes Jo Nash 151 votes FOR PLACE 6: Euline Brock 426 votes Tom Thomas 20 votes John Trent 396 votes FOR PLACE 7: Joe Dodd 56 votes Tommy N. Richardson 77 votes Bob Castleberry 684 votes C Page 5 {F y ' Y I The total regular ballots cast in District Four for each candidate are as follows: FOR PLACE 5: Jack Miller 409 votes Scott Pawgan 9 votes Herman Wesley 141 votes Jo Nash 162 votes FOR PLACE 6: Euline Brock 350 votes Tom Thomas 25 votes John Trent 390 votes FOR PLACE 7: Joe Dodd 50 votes Tommy N. Richardson 59 votes Bob Castleberry 638 votes SECTION III. The council finds and declares that each candi- date listed below received a majority of the vote, cast for each place on the council and that each candidate listed below is hereby declared to be elected to the City Council of the City of Denton: FOR PLACE 5: Jack Miller FOR PLACE 6: Euline Brock FOR PLACE 7: Bob Castleberry and the candidates shall assume the duties of their office on the date that they take the official oath of office. PASSED AND APPROVED this the day of 1992. BOB CASTLEBEkRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY 9 BY: P~ Page G v. i i I' COMBINED TOTALS FINAL REPORT Page i 20:39125 2-May-J992 Combined Regular and Absentee Ballots JOINT GENERAL ELECTION CITY Of OFHION A DENT04 ISD MAY 2, 1992 Count Percent Count Percent Precincts Counted • TOTAL 4 100.0D Registered Voters • TOIAL . . . . . . . 0 Baltots Cast • TOTAL . . . . . . . . 4,070 4,362 MAYOR, PLACE 7 285 7.85 F 15 = 298 7.70% JOE DOOR . TOMMY N. RICHARDSON . . . . . . 336 9.33 + 20 = 356 9.20% 809 CASTLEPERRY . . . . . . . . 2,984 82.82 +231 = 3,215 83.10% Total . . . . . . . . . . . 3,603 100.00 3,869 COuNCIIMENSER, AT-LARGE, PLACE 6 fUL1NE BROCK . . . . . . . • . 1,901 50.71 +144 u 2,045 50.81% TOM TMOWS . . . . . . 113 3.01 + 8 = 121 3.00% JOHN TRENT . . 1,735 46.28 {-1 24 = 1 , 859 46 • 1 9% total . . . . . . . . . . . 3,749 100.0D 4,025 COUNCILNEMBER, Al-LARGE, PLACE 5 JACK MILLER. . . . . . . . 2,061 57.25 +176= 2,2:17 57.91% SCOTT PAWGAN . . . . . . . . . . 50 1.39 + 2 = 52 1.35% HERMAN WESLEY III 788 21.89 + 43 = C31 21 .51% 70, 7 - JO WASH . . . . Total . . . . . . . . . . . 3,600 10000 + 42 3,4H 19.23% SCHOOL TRUSTEE, PLACE 3 CALVIN D. EVANS . . . . . . . . 1,356 36.78 + 75 = 1,431 36.32% JEAN B. SCHAAKE . . . . . . . . 2,331 63.22 +178 = 2,509 63.68% Total . . . . . . . . . . . 3,6,0 1DO.00 3,940 SCHOOL TRUSIEE, PLACE 4 J. W. "BILL" GIESE 1,709 49.08 +152 = 1,861 49.88% , MIKE WILSON . . . 1,773 $0.92 + 97 = 1,870 50.12% Total . . . . . . . . . . 3,482 100.00 3,7]1 SCHOOL TRUSTEE, PLACES JEFF KRUEGER • . . 1,790 51.13 +108 = 1 , 888 50 • 601 JOHN S. GOSSETT 1,701 48.87 +142 = 1,843 49.40% Total . . . . . . . . . . . 3,461 1OD.00 3,731 • These corrections are wade pursuant to i A Sectio :e 'Texas EiLeceion Code. tc I HANDOUTS GIVEN TO COUNCIL 5-5-92 a approval of improvements or alterations to the Leased Property applies to the City acting in the capacity of the landlord or owner of the Leased Property and shall not apply to the City's review, approval, or disapproval of any plans for improvements or alter- ations when acting in its capacity as a gcvernmental entity administering and enforcing building codes or other laws or regula- tions. In making any alterations or improvements, Morrison shall comply with all Federal, state, and local laws, regulations, or ordinances, including the issuance of permits and the payment of fees. q 6.07. signs. Morrison shall not post any signs on the Leased Property without the approval of the City as landlord. Any signs a},}-rovaJ by the City as landlord shall comply with the City's ordi- n:nce regulating signs. ARTICLE VII. TRUCK TRAFFIC AND PARKING. 7.01. Truck Parking on site. Morrison shall not allow more than six motor vehicles to be parked on the Leased Property at any one time and shall not allow more than twenty (20) motor vehicles to be located on the Leased Property within any one twenty-four (24) hour period, if the motor vehicles are regulated by the City's truck route ordinance. 7.01. Truck Routes. Morrison shall use its best efforts to insure that motor vehicles regulated by the City's truck route ordinance access the Leased Property along the public streets and in the direction of travel as specified in Exhibit E and leLve the Leased Property along the public streets and In the direction of travel specified in Exhibit F. Exhibits E and F are attached to and incorporated into this Lease by reference. Evidence of Morrison's best efforts at compliance with this article shall include, but not be limited to, the covenants listed herein. Morrison shall have its employees who operate vehicles regulated by this article acknowledge in writing that they have received instructions as to the specified routes to be followed for access and egress to the Leased Property as set forth herein. Morrison shall maintain a log at the Leased Property to track all truck traffic. Morrison shall also issue maps of the routing instructions to its employees and customers. Morrison agrees that if the City notifies Morrison that a driver, whether employed by Morrison or a customer of Morrison, should violate the provisions of this article more than once, it shall ban that driver from operating a vehicle at the Leased Property. PAGE 8 Y ji ii 1 If the city determines that a violation of this section has occurred, it shall give Morrison written notice describing the details of the violation. If the City Council finds that three (3) or more additional violations of this section have occurred within thirty (30) days after the date the City gives written notice to Morrison of a violation due to Morrison's failure to use its best efforts to prevent the violations, the City shall have the right to teryinate this Lease by giving Morrison notice at least sixty days prior to the termination date. Prior to making a finding, the City shall afford Morrison the opportunity to present information or evidence concerning the violations. PAGE 8a- 4 t