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HomeMy WebLinkAbout07-21-1992 E' 5 °i ~ I Avlida 11nilir)., J-- q - AGENDA Chin _ CAW— CITY OF DENTON CITY COUNCIL COQ July 21, 1992 Work Session of the City of Denton City Council on Tuesday, July 21, 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.' 1. Executive Session: A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S. 1. Consider offer of Bolivar Water Supply Corporation in connection with its application to the Texas water. Commission to amend its Certificate of Convenience and Necessity. B. Real Estate Under Sec. 2(f), Art. 6252-17 V.A.T.S. 11 Consider purchase of 1.83 acres on Spencer Road across from the City of Denton Power Plant. C. Personnel/Board Appointments Under Sec. 2(g), Art. 6252-17 V.A.T.S. 1. Consider appointmenits to all City of Denton Boards and commissions. 2. Receive and consider legal advice regarding affirmative action hiring for certain classes of City employees. 3. Receive and consider legal. advice on qualifications for members of city boards. 5:45 p.m. 2. Presentation and discussion of the Hotel/Motel Tax Recipients budgets by the Denton Convention and Visitors Bureau, the Denton Historical Commission, the 5enton Hi.sturi.aal Museum, the Greater Denton Arts Council and the North Texas Fair Association. c Q Ya 61 A{)endsMatt City of Denton City Council Agenda o? ba~S July 21, 1992 Page 2 Regular Meeting of the City of Denton City Council on Tuesday, July 21, 1992 at 7:00 p.m. in the Council Chambers of City Hail, 215 E. McKinney, Denton, Texas at which the following items will be considered: a 7:00 p.m. 1. Pledge of Allegiance 2. Consider approval of the rainutes of the Work Session of June 30, 1992. 3. Presentation of Yard of the Month Awards and Xeriscape Lawn Winners. 4. Citizen Reports A. Receive a citizen report from Carl Young regarding a community social report. 5. Consent Agenda Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. Listed below are bids and purchases orders to be approved for payment under the Ordinance section of the agenda. Detailed back- up information is attached to the ordinances (Agenda items 6.A, 6.B, 6.C, 6.D). 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. Upon receipt of a "request to speak" form from a citizen regarding an item on the Consent Agenda, the item shall be removed and be considered before approval of the Consent Agenda. A. Bids and Purchase Orders: 1. Bid #1390 - Warrant Collection Service 2. Bid #1393 - Batteries (Auto & Equipment) 3. Bid #1394 - Trri.gation Material 4. P.O. #25661. - Motorola B. Change Orders 1. Change order #7 to Martin K. Eby, P.O. #97167 C i ~e City of Denton City Council Agenda July 21, 1992 Page 3 C. Plats and Replats 1. Consider the preliminary replat of 20.2 acres of land proposed as Lots 1, 2, 3, and 4, Block A, Minter' Addition. The site is proposed for the construction of a new elementary school and is north of Morse Street and east of Newton Street. (The Planning and Zoning commission recommended approval, 5-0, at its July 8, 1992 meeting.) 6. Ordinances A. Consider adoption of an ordinance accepting competitive bids and awarding a contract for purchase of materials, equipment, supplies or services. ( 3.A.1. - Bid #1390; 3.A.2. - Bid #1393; 3.A.3. - Bid #1394) B. Consider adoption of an ordinance authorizing the execution of Change Order No. 7 to a contract between the City of Denton and Martin K. Eby Construction Co., Inc.; and providing for an Increase in the contract price. (3.B.1. - P.O. 97167) C. Consider adoption of an ordinance providing for the expenditure of funds for purchases of materials or equipment which are available from one source in accordance with the provisions of state law exempting such purchases from requirements of competitive bids. (3.A.4. - P.O. #25661) D. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. (Bid #1338 Pecan Creek Wastewater Treatment) (The Public Utilities Board recommends approval.) E. Consider adoption of an ordinance providing for designation and marking of parking spaces pursuant to Section 1.8-96 of the code of ordinances of the City of Denton; amending Section 18-109 to provide for designation of parking spaces for exclusive use of disabled persons on public property; providing for a penalty not to exceed $200 for violations thereof, repealing all ordinances in conflict herewith; providing for ca saving clause; and providing for publication. (The Traffic Safety Support Commission and the Downtown Advisory Board recommend approval.) . A(mfldo No. 49erl(h !font City of Denton City (tin _,!J-a/` _ July 21, 1992 Y Council Agenda Page 4 SJ P. Consider adoption of Ordinance No an ordinance amending provisions of appliance 87-135 providing for changes in the a Rebate Program. (The public Board recommends approval,) Utilities G, consider adoption of C execute an an ordinance authorizin the upper Triagreement between the Cit g the Mayor es• Y Of Denton and treatment and tr.ansmissionaserv at expenditure of funds as District for water Public Utilities Board Provided in Baldd agreement. authorizing the ecommends (The 7. Resolutions approval,) A. Consider approval Mana d . of a resolution authorizin g to submit to the Te,;aa Water Commission g the city appli.catio.n for funding for a household Hazardous w an Grant to fund the collection, handling recycling household hazardous waste city manager e wastes. and authorizing of execute the g mthe assurances necessary to effectuate thaent Utilities Board recommends a g and ppraval,) grant' (The Public B. Consider approval of to execute z a a resolution authorizin the Upper a' nigreement between the Cit g the Mayor raw water, Y Regional Water District Y of Denton and (The Publia U tract for the sale of approval.) Utilities Board recommends f C. Consider approval of a resolution nominating the Board of :anagers of the Deng Area 9_ a member to 1-1 District, forsidera nprova, of a resolution form al! Y facilities, Y adopting rnameq 8. Hold tt discussion Department of and make a recommendation to „ Depar Transportation on the texas Highway 377 (135E to F- M. 1830 proposed changes to U, 9 1 widening plans, S' Miscellaneous matters from the City Manager. 10• official Action on Executive 9ession Items; A. Legal Matters 13, Real Estate C. Personnel D. Board Appointments r i AfE£!IC~d EtCf i__ City of Denton City Council Agenda July 21, 1992 ' Page 5 11, New Business This item provides a section for Council Members to suggest items for future agendas. 4 12. Executive Session: A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S. B. Real Estate Under Sec. 2(f), Art. 6252-17 V.A.T.S. C. Personnel/Board Appointments Under Sec. 2(g), Art. 6252-17 V.A.T.S. NOTE: THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO EXECUTIVE SESSION AT ANY TIME REGARDING ANY ITEM FOR WHICH IT IS LEGALLY PERMISS 3LE. 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., j CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES 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 CALL THE CITY SECRETARY'S OFFICE AT 566-6309 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. ACCOOOAO t F f i A41On0 hJn. ---/_¢L Arlenda Ilert, " Y_. , (kilo city of Denton city council Agenda S July 21, 1992 Page 5 11, New Business This item provides a section for Council members to suggest items for future agendas. k 12. Executive Session: A. Legal. Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S. B. Real Estate Under Sec. 2(f), Art. 6252-17 V.A.T.S. C. Personnel/Board Appointments Under sec. 2(g), Art. 6252-17 V.A.T.S. NOTE: THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO EXECUTIVE SESSIO14 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 Denon, Texas, (a.m.) , the day of J, 1992 at _ _t (p.m.) CITE SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES 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 CALL THE CITY SECRETARYtS OFFICE AT 566.8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER rAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. ACCOOOAO C i k, IN s ' i -17 T I. CITY a 14 COUNCIL - - - - - TT'l MM.. - - - - - - M - - p~090p0pr~p of o F 00oO_ . . ~J~OO~ i H ~o~~D L G O G o Y onPUN, -TITT - t 1 F C~~NTON CONVEN7'ION_ $V[SITORS ~~IREAU Nontla No. g41enda 11% July 16, 1992 The Mayor City council members City Manager City A.f;torney City Finance Director u City Secretary 215 E. McKinney Denton, TX 76201 Dear Mayor, City Council and City Staff: Enclosed is the annual report required by the City of all items. rreferntoftheeTableoofCContentsnforViiaslistingBureau, look council forwad to a their new support thank pograms y and and Bureau's successful and o fiscal yoar. Sincerely, Jo Ann Ballantine Vice President Enclosure C DENTON CHAMBER OF COMMERCE + 414 PARKWAY • P,O. DRAWER 1' • DENTON • TEXAS 76242 (817)38L7895 Moto (817)43U-8139 s x Agrntl2 Plo. DENTON CONVLNT20N VT82TORS BUREAU OCTOBER 1992 SEPTEMBER 1993 TABLE OF CONTENTS a 1. Activity Report II. Marketing Plan III. Budget IV. Chamber of Commerce organizational Chart Chamber of Commerce Board of Directors DCVB Advisory Board V. Exhibits Occupancy Tax Distribution Conventions List Occupancy Figures Occupancy Tax Receipts Tourism Assessment by Texas Department of commerce Tourism Facts A C 1 rtpenda ilern_ GCJS rs t leiz DENTON CONVENTION k VISITORS BUREAU ANNUAL ACTIVITY REPORT 1991-1992 CONVENTIONS The DCVB continues to service conventions and since July 1991 the total is 102. Servicing includes assistance in convention planning, scheduling and special events. it also includes providing literature, name badges and gift items when necessary. However, please note that not all conventions/meetings require DCVB assistance so the total number thus far does not reflect the total number of meetings held in Denton. Please see the enclosed list of conventions. The DCVB exhibited at the Texas Society of Association Executives annual convention in June where all staff directors of the Texas associations meet each year, This is an opportunity for suppliers to meet with the executives and acquire qualified leads for future hotel business. One of the biggest events recruited to Denton was the Texas Special Olympics Summer Games. It was held in May 1992 and bruught approximately 10,000 people to the city for four days of athletic competition. Denton prospered from this event. However, the community had the opportunity to show special Olympics that the city and its citizens welcomed their group with open arms. The DCVB initiated this bid and coordinated the process from start to finish. Special Olympics will return to Denton next May when the organization will celebrate its 25th anniversary of the state's Summer Games. A Uniting the hospitality industry is important in any community and the DCVB is pleased that there is now a good relationship between the DCVB, the Denton Hotel/Motel Association and the School of Hospitality and Merchandising Management at UNT. TOURISM northhe of CV the Texas maintains Ttwo our st Information Center located in Gainesville. This billboard is one way in which travelers are reminded that Denton is just down the road. The other board is on the east side of I-35 facing north so also maintain traffic illboards a alit. ong other this same Denton sectionbusinesses of Interstate 35 thus collectively promoting Denton. r w A ARFrltla I~enl,-_ ~S fl~1o The DCVB publishes two pieces which are useful to Denton's residents and its visitors: (1) Calendar of Events special events produced quarterly and (2) a Restaurant Guide which lists all Denton and surrounding restaurants. The Restaurant Guide is updated as needed. a WillAbeeavailable by brochure end of August. prod Itiis similar but the current brochure will be updated and have a new graphic design. A Denton Visitor's Guide was initiated in January 1991. It was published by the Denton Record-Chronicle and distributed through the newspaper and throughout other visitor outlets within Denton and the Texas Tourist Information Center in Gainesville. This guide was published twice in 1991. However, the Visitor's Guide is currently included in the Denton FYI which is the chamber's membership guide. The DCVB m»int6Lins and staffs an Information area in the lobby of the Chamber of Commerce. This area. offers a variety of information on the city; the Chamber and the DCVB. Visitors can also find information on the tourism opportunities in the Meti-op'%x area and the state of Texas. The exhibited travel in twr) shows t Texas Travel Industry Assoui tion Travel Fair- which is held for the counselors of the state highway office who man the tourist centers and the AAA counselors within Texas and ~2) the Dan Dipert Travel Show held in Arlington each year or tour group planners and the public. A Department of The DCVB has initiated a program through the Texas Commerce's seminars. These seminars are offered office e all employees ~of the hotels, restaurants, attractions, etc. in Denton. DCVB staff hold a one-day meeting to teach visitor and customer reception to local businesses' employees. The DCVB has had considerable success since it joined the Film Commission of North Texas. Since 1987 there have been five major movies shot in Denton. Although some information was collected about each project's financial picture, a true total of this economic impact has not been determined. -2- r i PP, -r-_ . The movies which have been filmed or taped in Denton since the initiation of the Film Commission of North Texas are: 1987 Little Girl Lost Television movie 1988 Panobo Barnes Television movie 1989 Daddy ,a D in...who's Feature release , Got the will? 1990 Mittelmann's Hardware Television movie (Finding the way Home) y' 1991 Necessary Roughness Feature release 1991 Fugitives Among Us Television movie 1992 Blood on the Badge Feature release These are the projects which finally made it into production and into Denton. Many other projects have been considered with Denton locales in mind. However, either financing fell through for the producers or other locations were more appropriate. Denton has lost several projects to Waxahachie because the city's look was more desirable. There are three primary reasons why Denton has had so many film/tv projects: (1) the Film commission has been very instrumental in attracting productions, (2) the city of Denton has been "lucky" in having just the right look and (3~ the DCVS staff has acted quickly to requests from the f1..m office or location scouts, other projects have also ssuch shot in Denton. A movies s tape A of film clips is available through the DCVB. SPECIAL EVENTS continues yitsaassociation with continues tcommunity n event. DCit was held in September 1991 on the Courthouse Square. The DCVB, in association with the Denton Hotel. Motel Association, sponsored the annual bed race event. -3- c v t' Al erda Itr;m The DCVB participates with the Denton Festival Foundation to produce the Denton Arts Festival. This event is the combination of the Spring Flinn and Denton JazzFest. It is held in the Civic Center Park and continues to grow each year. The DCVB handles a portion of the publicity effort. The DCVB is a key component of the Denton County Am hitheatre Association and was part of this group's initiating a plan to build an amphitheatre to use for an outdoor historical drama. This facility could be an excellent tourism attraction and bring many visitors to , Denton from within the state and from other states. )Progress continues and interest is high. The DCVB exhibited at the Chamber's Denton Expo to promote the Bureau's existence and purpose. It was a direct approach to informing our local citizens how the DCVB can solicit and service the groups with which they are affiliated. Maps and telephone books require a great deal of research, confirmation and correction. The DCVB was the agency which assisted GTE in producing the Community Access section of the Denton directory. In the map area, the DCVB worked closely with the Chamber's president and the map company to ensure that residents and visitors will have the most current map possible. COMMUNITY INVOLVEMENT The DCVB is represented within a number of organizations. They are: Film Commission of North Texas Denton Festival Foundation Denton County Historical Muse+tm Denton County Amphitheatre Asso%,;i.ation Central Business District Association Main street Promotion committee Festival of Lights Committee -4- A. encl.) hlo ea lWe DENTON CONVENTION & VISITORS BUREAU MARKETING PLAN 1992-93 I. Iutroduation ° The, primary mission of a convention & visitors bureau is to sell its city. In making a community a more dynamic meeting place, a bureau creates the needed environment to bring in convention and visitor business. Successful bureaus operate through a coordinated group action rather than through independent individual actions. Therefore, u bureau serves as a cooperative representing all components of the visitor industry including hotels, motels, restaurants, convention facilities, tour operators, attractions, and transportation carriers as well as the retail and commercial resources that are important to visitors. All of the businesses create a team effort with the bureau acting as the marketing/promotional arm for the hospitality industry. The specific programs of the Denton Convention & Visitors Bureau (DCVB) are: Convention Promotion Tourism Promotion Film Commission Administration II. The Bureau The DCVB is 16 years old. It was initiated in 1976 by the Denton Chamber of Commerce and remains under this agency as an operating unit. Both the amount of occupancy tax collected by the city and the amount of tax distributed to the DCVB has increased since the beginning. There is no membership structure within the DCVB so all funding comes from the occupancy tax disbursement by the City of Denton. The occupancy tax rate in Denton is 131. Six percent is sent to the State of Texas for their General fund. Note that only one-half of one percent of the six percent state occupancy tax is sent to the state's tourism department. Texas law prohibits the state tourism office from using the money for advertising within tho state's boundaries. Av,nOi The remaining seven percent is distributed to several agencies within Denton. The breakdown is as follows: Denton Chamber of Commerce (for the 3% Convention & Visitors Bureau) Greater Denton Arts Council 1% North Texas Fair Association 1% Denton County Historical Museum less than 1% Denton County Historical Foundation fraction only City of Denton (for Civic Center) City of Denton (fractions from others) 7 The DCVB operates by way of an agreement between the City of Denton and the Denton Chamber of Commerce. This agreement is in the form of a signed contract and based upon the Texas Tax Code 351.101 which "authorizes the City to use revenue from its municipal hotel occupancy tax to promote tourism and the convention and hotel industry by advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or registrants to the municipality or its vicinity." According to the contract named above, the DCVB received 100% of its 3% occupancy tax revenue from the City of Denton through 9/90, 98% of the 3% occupancy for the second year -;nd will receive only 95% of the 3% occupancy for the next three years. All of these monies may be used for all programs and administration of the DCVB and may not be co-mingled with the Denton Chamber of Commerce accounts. (Note: all of the occupancy tax recipients are scheduled for this same cut. Until recently, the Greater Denton Arts Council received an additional it which now is kept by the city for special projects). See Exhibits for occupancy figures, occupancy tax revenues and specific percentage breakdown. III. Xission Statement and Plan Background Mission Statement The Denton Convention & Visitors Bureau exists fc2 the purpose of sol.citing conventions, tour groups, visitors and film projects to the City of Denton to increase occupancy in the hotel/motel properties. IV. Participants in Plan Development The DCVB reports to the Chamber's Board of Directors with the use of an Advisory Board for assistance. However, the DCVB will recommend to the Chamber to revise -2- r. t~ At!~:n(I Itf.11L~ ~U•~'~~._~.._. this committee and establish a smaller group from within the Board of Directors to handle DCVB matters. The DCVB did not utilize a working committee to develop this marketing plan. However, the DCVB does have a chairman who has a genuine interest in the DCVB's purpose and focus and has given much time and effort to this program. This person is George Gilkeson and he is a former sales representative from DuPont Corporation. George has assisted the DCVB director with invaluable marketing expertise. The director has also collected suggestions, ideas and and advice from other hospitality and marketing professionals, chamber members and in-house staff members. V. Situation Analysis Customers: (1) convention attendees (2) tour bus travelers (3) visitors Convention attendees require a competitive hotel room rate but they want to attend their meeting in a convenient, fun, and accommodating environment. Tour bus travelers want to see new and different places, stay in comfortable lodging and eat at -good restaurants. Visitors want easy access to the city, good lodging rates, affordable restaurants, and things to see and do. Denton has the ability to serve all three of these publics. However, there are strengths and weaknesses in all areas. The DCVB asked the Texas Department of Commerce's Tourism Division to conduct a tourism assessment si that the DCVB can better market the City of Denton. Thi8 document is included in this report, The DCVB has competitors and they are everywhere. They are other small towns, other cities in Texas, various regions in Texas, and the DF'W Metroplex. vi. The industry in Denton As seen in the Exhibits the occupancy tax for the DCVB has increased from approximately $22,000 in 1976 to $179,000 in 1991. Since 1985, several facilities have developed, The Sheraton Hotel & Conference Center was guilt at the University of North Texas, Both the Royal -3- 't :r ;a `lu J - D~3 l Hotel Suites and the Delux Inn were built and the Holiday Inn went through a major renovation, The Ramada Inn was sold to a corporation that initiated a name change (to Auburn Inn) and instituted their theme concept of "Fantasy Suites." More recent changes include the redecorating at the Holiday Inn, a franchise designation for the Auburn Inn which changes to a Quality Inn and a resumption of corporate ownership at the LaQuinta Inn. Along with those changes, the DCVB it; pleased that Denton will finally be + able to offer a bed & breakfast facility. It is located on Locust Street and plans are to open in late 1992. Since 1985 several major chain restaurants have opened in Denton The Black-Eyed Pea, Chili's, and Red Lobster. Also, many new local restaurants have opened. This brings Denton's total of restaurants to approximately 130. Reasons for growth: Denton is north of Dallas and Fort Worth on Interstate Highway 35 and located in a central ly-trave.llad area of North Texas. This highway also runs through the middle of the United States connecting Laredo to the tip of Canada. It is also home to two major state universities with a total student population of 320000. There are 64 manufacturing businesses in Denton with opportunity for growth. Also, many people live in Denton and its surrounding community for the quality of life. However, their work may take them into the Metroplex each day. Texas' economy has declined over the past few years. The oil industry failed and like many states, the government is trying to shore up their revenues to take care of its many needs. Although the newly-instituted lottery is now operating, it is too soon to tell if this "money pot" will bring the state out of its economic woes. One revenue idea that has been legalized avid will be an advantage to tourism is horse racing. The stale was demanding a high percentage so development was slow. However, the state has changed this percentage from 5% to 1% so the future looks much better. Denton County has been zoned byy the state for racetrack development, The area track is located west of Fort Worth Trinity Meadows. Horse racing could be extremely beneficial to Texas and the tourism business. Texans have been taking their money to Louisiana, Oklahoma and New Mexico. As seen in the enclosed articles, it is anticipated that Denton County will once again be known as "hoose country" by supplying the horse industry especially in the racing area, r 5 r 441111tJ'I No IJ.ifo Vii. Visitor Analysis Denton does not have a system in place to calculate s ecific information about visitors. However, some figures are available through the Chamber on inquiries via telephone, walk.-ins and mail. See the Exhibits. Other figures are derived from the Denton Hotel/Motel a Association and the two universities. These three organizations can provide occupancy figures plus a listing of their specific meetings which may or may not have been recruited or serviced by the DCVB. See the Exhibits. For a regional focus, see the attached Texas Auto Visitor Survey 1992 Spring Report (which includes the prior three quarters surveyed). see the Exhibits. VIII. Goals One Year Plan 1992.93 To increase hotel occupancy by 10% for calendar year. 1992-93. To increase DCVB's occupancy tax receipts from $180,000 to $195,000 in calendar year 1992. To increase local revenues by $1 million by recruiting one movie and two commercials to Denton in 1993. Tx. Objectives for 3492-93 I. To market Denton as a meetings destination to the Texas association industryy and all other potential groups and organizations a. Sales calls to associations/meeting planners b. Two sales blitzes per year - Austin and DFW c. Utilize TNET to locate potential groups for Denton and to bid on same d. Promote area dude ranches for groups 2. To market Denton's new outlet center to the out-of-state visitors and North Texas residents. a. co-op advertising with center b. Work together on promotions c. Operate a Visitors Center in center. -5- i r, 4 r. Iktilrr .____..l -rzl- /~1 Baia 3. Establish a Visitors Center in Denton for visitors and residents. a. Locate one or more locations b. Create a volunteer work corps c. Serve as a satellite office for the Chamber of Commerce (DCVB offices) 4. Concentrate efforts on obtaining editorial publicity for Denton in local, state, national and international travel publications. 5. To market Denton as a specific stop for ` the motorcoach tour market. a. Direct mail b. Personal visits to tour operators C. work with local people to educate them to needs of tour groups 6. To train 50% of all service personnel in Denton's hospitality industry (hotels, restaurants, retail businesses, etc.) a. Use the Texas Hospitality Seminar model developed by the Texas Department of commerce 7. To market Denton as a pleasure travel market especially emphasizing the sites in Denton and the recreational activities at Lake Ray Roberts a. Exhibit at six public travel shows per year b. Join other co-operative groups to promote city 8. To assist in the development of an amphitheatre for an outdoor historical drama a. Continue serving as anchor agency as association progresses. The DCVB will provide the necessary support until this group becomes independent. 9. To assist and be prepared for the growth of the tourism market in Denton. Examples: auto race- course, possible horsetrack facilities, and subsequent new hotel properties, a. Facilitate these possible businesses by serving as a pro-active resource and also keep the community informed and ready -6- r 1 ngrndd N~m__~ 10 available facilities ain the city of Dentonh all a. Develop a plan with the universities and other cfacilities t all types b. Direct mail c, Personal contact d. Special event 11. To assist in the promotion of the sports activities at the University of North Texas and Texas Woman's University a. Support the football and basketball programs by purchasing season tickets (with Economic Development) to use for hosting meeting planners. b. Interact with the athletic departments and the local hospitality businesses to create special packages and incentives to increase attendance a gams and Msports e functions; increase parti- cipation To provide expertise to the Denton Municipal Airport for the promotion of Denton to air travelers a. Brochure racks and volunteers on hand when necessary for b Develop airport of p marketing support the committee airport the purpose 13. Tc assist in the development of key Denton festivals reputation events and in orer att.ract to Denton's special build visitors. a, DCVB staff should serve on all necessance boards and committees to provide and promotional. support if possible. Examples include: Denton Arts Festival, County Seat Saturday, 14. To facilitate a change in the laws regarding a. Implement a plan with local. club and restaurant owners to affect a change in voters' desires and city council stand -7- i (~a21•-.---'- term) lg, Possible DCVB staff re-structure: (long- Director S al es Position convention or tourism Administration Assistant Information Assistant Internship visitors Center Coordinator taff The DCVB understands that limitations of bide s s can and money may affect the goals the DCVB ffort be accomplished. by1theeChambereandaCitygof Denton. and full l support -8- C i 1 r+ „ T p3v v a: -pi -1 pi cps v f In ero ro CD i O ,pm -i o In g v O . ~ O ~ < C G+ C B ~ ~ ~ C N .~.0.• ~ ~ C ~ a 0i ~ lAy Z ~ n A N n m O 'A V mm _ a (CNyy ` 7 $ p ti -~1 O M 'if ff N N Z N< VI ? ~ N W H .a m ~ V~JI 41 G ~ N .N.. 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W G O W O 'N N C a o po o a o W W C o c W p a N o G 0 0 b o p o 0 0 o tl n o 0 o tl o n o 0 o Q o 0 0 0 0 0 b G O A p n O tl n O O n 0 0 O O O p g 0 0 0 0 0 O J (mayy yW~ N N N l~ W y] Lb a li+ -I~' o N y~ V O fJ Q 4I WWN O O V1 pwf VI a U 'V 10 0 D b n +1 b VI O O 883 O V O O O W O 1~ O N CD C O o 0 0 0 0 O tl n 0 0 0 0 0 o G 0 0 0 U 0 0 0 0 o n p g o b o o u o g p o n b n u n o A n o o q w •.Ni rv a e: a N b;, .f"i •r:l r a e Q~~~ ~ i° -I Yri o u ci o 0Q ° 0 00 00 0 0 00 n 0~o v o a. 0A 0p o Ci K V °p Jr n o 0 0 0 o G CJ n n b o o n n o o n o o p ci o 0 o IS C p p n A b o n n b Q b o o q p g o o n o 0 0 o p o o \ 1 1 ~ -r .~r t3 ii J y ,.'.i t1 N V t~' 'r. r6 c~ to m rt. m i -t CL w w i~ 4 pS ~ N h~h D~ 4 C t. 5 _ _ o $a pg~ g j !}=Q yp', pg' s o o rs- ppn b O i .~,ip 'a rb N O n' 1 N r~i ¢ j, ? o ~r.•~'i G 9 S 0 At IIi ~ y S ~ N N r r~ .i~ ~ w ~ p ~ ~ ~ N { s \ p Y O ri O ~N} d n< p -1 A N p ~p t a rD ;1 44 v 0 A iD 7 ?o~i pR T n p 1 n p< -i r p N ~ d' N ~ r6 p p d ' N W l a z ~ N N eo N N A N ~lqq y!A~ yy~~ ~~qq yWq ~yp~ vv WNW V W M W N H ~ N M N N W O ypOpppyy~~~~. A~ P (((WW~~~~,, W vNi v.Npi P N ,,ypp A o O p 0 0 0 0 V d 0 0 V o 0 4 6 p p pNp P V ,O d O p 0 0 0 0 0 b 0 0 0 COJ 0 0 g 0 0 0 4 0 0 0 0 0 0 N ppN~ W~ V P f~ .Ni 64 N N W N A P W W N P P 00 10 ~ x~AOOOO so op$o w ~oogotl o 0 o u o U o 0 0 0 0 0 N 0 0 0 0 0 0 0 0 n r O O O U O O O p 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 eoy O O W 0 00 sw.ca<r.# DFNTON CHAMBER OF COMMERCE APRIL. 1, 1992 - MARCH 31, 1993 _ 7 MEMBERSHIP A Chuck Carpanlw Pras1ldonl BOARD OF DIRECTORS Denton Corner Support Stott for Smag Buslneaa EXECUTIVE COMMISI'EE Rlcherdo 1*61 INTERNAL OPERATIONS MEMBERSHIP DEVELOPMENT TrasnMer DrVWN DIVISION EXECUTIVE DIVISION PUBLIC AFFAIRS DIVISION ECONOMpmaN Russia Bata, Chelr•Eleet Priscilla ssndera, Yla Chair Cad Anderson, OPMERT &rbere RMIsiN q~ ChalrmanoftheBoard DaWiW.Bllss,Vicechair Melvin Wfllfs, V(. Immedlab 'Annual Membership Banquet 'Pacers Past Chalr 'Commlmlembera 'Sponsors Donlon County Day Steering 'Local Affairs 'ED Advisory Board 'Lo mmirige Planning 'Sponsors embershi Relations Committee 'State Affairs :ED a 'Public Relations P N Bureau Advisory Board 'Adopl•A•School 'Retail Business D Now Member Cafteel Orientation 'Presldenl's Club 100 'Leadership Donlon 'Senior Management Council - "OD( I Contacts 'Holiday Festlval :Senior I I i "i G R 0 U P R O S T E R Pi~cC+ia 1G°m Selected status code(s) [ABCDEFLb:NP] ~.4 Q in Group (149) Group (149) - 1992-93 Board of Directors sorted by Rep name ID Representative 1030A- Allen, Wayne _A -Wayne Allen Construction Compa 817/387-0030 c 1912B Anderson, Carl A Bill Utter Ford, Inc. 817/382-5404 2178A Appleton, Jr., Roy C 817/382-8330 1078A Baines, CPA, John E. A John E. Baines Co., CPAs 817/565-9015 1371A Ball, Jr., B. Lamar A First State Bank 817/382-5421 1055B Bates, Russell L. A The Architectural Collective, 817/387-4881 1565A Berg, Geneva A Locust St. Grill 817/566-3614 1550A Biles, David W. A Biles & Lock PC 817/566-0566 1119A Bly, Homer C 817/382-3070 1132A Brady, CPA, William A 817/382-5866 1847A Bulls, Derrell W. M Texas Woman's University 817/898-2111 1167A Castleberry, Robert A 817/382-8995 1845A Chater, Shirley S. M Texas Woman's University 817/898-3201 1210A Coplen, Bob A 817/382-4989 1815A Cott, Jerome M. A Sundown Arab'Ldn Ranch 817/565-1417 1221A Crouch, Bob A. A Crouch Realty Company, Inc, 817/382-6707 1051A Edmondson, Dianne A Apex Computer Placements, Inc. 817/565-0658 1282A Etheredge, Sherrie A Denton Depot Advertising Speci 817/383-4006 1416A Fay, Anne A Golden Triangle Mall 817/566-6023 30A Fouts, Tom A Tom Fouts Realtors 817/382-1541 1405A Gilkeson, George A 817/387-5373 1419A Gossett, Fred A Gossett Construction Company 817/566-2480 1251A Hall, Harry G. A Denton Area Teachers Credit Un 817/387-8585 2091A Harpool, Jr., Tom C 382-8822 1190A Harrell, Lloyd C City of Denton 817/566-8307 1447A Hayes, Richard D. A Hayes, Coffey & Berry, P.C. 817/387-3518 1452A Heath, Millard A Millard Heath Air Conditiong C 817/383-1688 1686A Hill, Fred L. A People's Funeral Home 817/382-6028 1618D Hill, Milton A Morrison Milling Company 617/387-6111 1473A Houston, Ann R. A 817/565-0855 1889A Hurley, Alfred H. M University of North Texas 817/565-2026 2103A Jessee, Pat C Denton State School 817/387-3831 1780A King, David L. M King Hospitality Corporation 817/382-6698 2308A Krause, Dave C Dave Krause Autos Inc 817/387-7334 2247A Lackey, Gene M Acme Brick Company 817/382-7414 1750A Martina, Frank A Russell-Newman Manufacturing C 817/382-2531 1604A Miller, Jack D. A Jack D. Miller & Associates 817/387-4383 2092A Moellinger, John C 387-4875 2093A Monroe, J. Stanley C 387-6625 1618A Morrison, Jr., E.W. A Morrison Milling Company 817/387-6111 2159A Moseley, Jeff A, A 383-0298 1642A Nelson, L.A. A 817/382-1561 2094A Orr, Jr., W.C. C 13000 Patterson, Fred A Denton Record-Chronicle 817/387-3811 1897A Pole, Frederick R. M University of North Texas 817/565-•2103 2428A Ponder, Gerald C 83.7/387-•6151 95A Ramey, Marvin C 387-1306 .29A Reed, Jr., Harold H. A 817/387-5655 1270A Robinson, Brian C. A HCA Denton Community Hospital 817/898-7000 1613A Russell, Barbara A Barbara Russell. Realtors 817/566-2730 1768A Sanders, Priscilla M Sears, Roebuck & Company 83.7/566-8801 r n Y 1912A Utter, Sr., Bill A Bill Utter Ford, Inc. 817/382-5404 1429A Willis, Melvin A G T E Southwest 817/381-9211 1947B Withers, Jayne A 817/566-2847 "152A Woodin, Robert B. A Woodin Financial services 817/382-1849 o0A Wyatt, A.E. A 817/387-5919 Count: 56~ panrJa Plo,a~ ~a N f~ a C 1 tJ r i Agend-.1llClil_~(~_~ 01.E J. Data DENTON CONVENTION & VISITORS BUREAU G~ ADVISORY BOARD 1992-1993 a George Gilkeson, Chairman Carl Anderson 2304 Royal Acres Bill Utter Ford Denton, TX 76201 P.O.Drawer u 387-5373 Denton, TX 76202 a 382-5404 James Roden Margie Jimmerson North Texas Fair Association University of North Texas P.O. Box 1695 P.O. Box 716 Denton, TX 76202 Denton, TX 76203 387-2632 566-3839 Bob Normington Herbert Holl Sheration Hotel Center for the Visual Arts 2211 I-35 North 207 S. Bell Denton, TX 76201 Denton, TX 76201 565-8499 382-2787 Norma Gamble Kari Calhoun Denton County Historical t-fuseum Bank one, Texas Box 2800 P.O. Box 580 Denton, TX 76202 Denton, TX 76202 383-8073 381-7400 Anne Fay Judy Hildebrand Golden Triangle Mall 22 Director of Student Services 01 I 35 E Texas Woman's University Denton, TX 76205 P.Q. Box 22305 566-6023 Denton, TX 76204 598-3640 Tom Judd David King Tom Judd Photography 104 Ridgecrest 1011 W. Oak Denton, TX 76205 Denton, TX 76201 382-8698 387-0604 Jane Biles Main Street Coordinator 100 W. Oak, Suite 204 Denton, TX 76201 566-8529 Jo Ann Ballantine, Staff Convention & Visitors Bureau P. 0. Drawer. P Denton, TX 76202 382-7895 r t# IV CITY OF DENTON HOTEL OCCUPANCY TAX SUMMARY Denton Chamber of Commerce., 42.0000t (for Convention & Visitors B4reau) Greater Denton Arts Council .................14.2850% North Texas Fair Association ................34.0000$ Denton County Historical Museum .............12.3151t Denton County Historical Foundation 01.6793% City of Denton (Civic Center) ...............14.2850% City of Denton (fractions from others) 01.4356W Total 100.0000% a t c wa 41.ld M 1991.1992 Conventions NAME OF CONVENTION DATE END DATE NUMBER OF GUESTS 100 1W1 GYMNATICS 01/18/91 01/20/91 02/15/91 02!17/91 250 TEXAS RURAL LETTER CARRIERS ASSN. FIRE & BURN PREVENTION 02/21/91 02/23/91 100 02125/91 03/02/91 35 TURBO TRAINING SCHOOL TEXAS PARTIAL DIFFERENTIAL EQUATIONS CONF. 03/07/91 03/08/91 03/16/91 100 NORTHWESTERN BAPTIST ASSOCIATION DENTON COUNTY A & M MOTHERS CLUB 03/16/91 03/16/91 100 A, 03/22/91 03/23/91 500 6th ANNUAL TEXAS STORYTELLING FESTIVAL 04/03191 04/07/91 350 SOUTH CENTRAL REGIONAL COLLEGE DANCE fESIIVAI. 04/03/91 0410791 30 SOUTH CENTRAL REGIONAL FESTIVAL 91 04/05/91 150 T1AJ HEALTH FAIR 04/05/91 04/05/91 200 GOLDEN KEY NATIONAL HONOR SOCIETY SEVENTH ANNUAL BILINGUAL/ESP SPRING CONE. 04/06/91 04/06/91 04/12/91 04/13/91 40 OCOUPANCIAL THE RAP NY NORTH TEXAS SPRING LSIERARY FESTIVAL 04/12/91 04/14/91 JANET & CHESTER H. ROTH PUBLIC AFFAIRS SYMPOSIUM 04/16/91 04/17/91 05/05/9 200 PROFESSIONAL OEYELOPNENi INSTITUE SOUTHWEST REGIONAL COMMUNITY THEATRE FESTIVAL 04/25/91 04128191 100 05106/91 05/10/91 50 LINT CENTER FOR REHABIIATION STUDIES FUNDAMENTALS Of PRODUCTION SUPERVISION 05/13/91 05/31/91 60 it? „ c!i 05/14/91 05/18/91 350 `O INTERNATIONAL HORN CONFERENCE SOUTHWEST DIVISION OF INTERNATIONAL FIRECHIEFS ASSN. 05/16/91 05/22/91 20D ISMAILI YWIH AND SPORTS COMMITTEE 05/24/91 05/27/91 400 S„ V ' U 05/31/91 05/31/91 70 UNT INTENSIVE ENGLISH v INTERNATIONAL TRAINING & COMMUNICATION 06/07/91 06109/91 125 y~ 06/13!91 232 SHOUTIME DANCE/DRILL TEAM 06/10/91 O 1t N ~ a C Vvr' "t a M 1991.1992 Conventions NAME OF CONVENTION DATE END DATE NUMBER OF GUESTS AMERICAN ASSN. OF WOODTURNERS 06/14/91 06/16/91 250 CENTRAL BAPTIST CHURCH 06117/91 06/18/91 350 SHOWTIHE DANCE/DRILL TEAM 06/24/91 06/27/91 200 CINDERELLA SCHOLARSHIP PAGEANT 06/26/91 06/30/91 172 SCIENCE FICTION RESEARCH ASSN. 06/27/91 06/30/91 LITTLE SIOUX LUTHERAN YOUTH CAMP 07/02/91 07/03/91 150 INTERNATIONAL CHEERLEADING FOUNDATION 07107191 07/10/91 100 SOCIETY FOR DEVELOPMENTAL EDUCATION 07/09/91 07117./91 55 PARKS & RECREATION TENNIS TOURNAMENT 07/11/91 07/14191 900 TEXAS ACADEMY OF MATH & SCIENCES 07/12/91 07/13/91 300 CLEMSON UNIVERSITY OF EXTENSION SERVICES 07/15/91 07/19/91 70 17th ANNUAL CATTLE PRODUCERS TOUR 07/15/91 07/21/91 85 TEXAS STUDENTS EDUCATION ASSN. 07/21/91 002501 30 MULITICULTURAL JOURNALISM WORKSHOP 07/21/91 07/27/91 12 NATIONAL COMMUNICATION SYSTEM 07/25/91 07/28/91 50 JOSTENS' YEARBOOK 07/30/91 08102191 245 AMERICAN DRILL 1E)O 07131191 08102/91 105 SHOWTIME DALE/DRILL TEAM 08/05/91 08/08/91 215 SPRINOYOWN HIGH SCHOOL BAND 08/05/91 08/09/91 78 i* TEXAS HEALTH ENTERPRISES 08/06/91 08/08191 20 GAINESVILLE NIGH SCHOOL BAND 08112/91 008/14/91 42 AMERICAN FIELD SERVICE 08/12191 08/14/91 150 14JOY OF SINOIN0 08112191 08/14/91 400 m n 1 ~U NORTH TEXAS JUSTICE OF THE PEACE & CONSTABLE ASSN. 08/20/91 08/28/91 150 BALLOON GLOW 08/23/91 08/25/91 50 t TEXAS HEALTH ENTERPRISES 08/27/91 08/30/91 20 1 45th ANNUAL REUNION OP THE 6th MILITARY POLICE CO. OF 00129/91 09/02/91 55 4 n ti 1991-1992 Conventions NAME OF CONVENTION DATE END DATE NUMBER OF GUESTS FRESHMAN CONNECTION 09/04/91 09/05/91 300 ROYAL ORDER OF THE JESTERS 09/05/91 09/08/91 200 TNU PIONEER PEDAL 09/21/91 09121/91 1000 TEXAS STATE SCHOOL MUSIC FESTIVAL 10/01/91 10/02/91 350 SOUTHWEST ASSN. of COLLEGE & UNIV. HOUSING OFFICES 10/09/91 10/11/91 NORTH TEXAS AMERICAN PIT BULL TERRIER ASSN. 10/12/91 10/13/91 150 COUNCIL FOR EXCEPTIONAL CHILDREN 10/17/91 10/19/91 SO PLANO INDEPENDENT SCHOOL DISTRICT 10/18/91 10119191 45 4 PARENT AND FAMILY WEEKEND 10/18/91 10/20/91 292 AMERICAN ASSOCIATION OF SHERIFF POSSES & 10/25/91 10/26/91 175 DENTON STATE SCHOOL 10/29/91 101/31/91 50 TEXAS THESPIAN SOCIETY 11/22/91 11/23/91 1200 DENIEX GOLDEN DOG OBEDIENCE ASSN. 01/01/92 TEXAS ACADEMY OF MATH & SCIENCES 01/31/92 200 TEXAS ACADEMY OF MATH & SCIENCES 02107/92 200 GRAND GOSPEL 02/22/92 02/23/92 400 ELDERHOSTEL RETREAT 02/23/92 02/29192 40 NATIONAL ASSOC. OF FEDERAL RETIRED EMPLOYEES 02/29192 90 INTERNATIONAL ASSN. FOR GENERAL EDUCATION 03/01/92 ' BIONIC WEEK 03/02/92 03/06/92 200 s`'T 03/06/92 03/07/92 45 `D HIGH SCOPE FOUNDATION TEXAS DEMOCRATIC CONVENTION 03/07/92 250 1 COMPASSIONATE FRIENDS 03120/92 03/21/92 200 1 UNIVERSITY OF NORTH TEXAS RECRUITMENT 03/20/92 03/25/92 40 \ V NORTH TEXAS STORYTELLING ASSN. 03/27/92 03/2892 1000 STUDY OF WORK TEAM 04/01/92 04/02/92 60 l Q Q I~ ~ l 0 1991.1992 Conventions NAME OF CONVENTION DATE END DATE NUMBER OF GUESTS PILLSBURY 04/01/92 04/03/92 25 CHILDRENS CHORUS OF VICTORIA 04/02/92 25 NORTH & EAST TEXAS PRESS ASSN, 04/02/92 04/04/92 100 TEXAS WOMAN'S UNIVERSITY 04/03/92 70 TEXAS FOOD AND FIBERS COMMISSION 04/04/92 04/U5/92 300 TEXAS RUGBY UNION CHAMPIONSHIPS 04/04/92 04/05/92 500+ ROAel FOR REP. HORN & SENATOR GLASGOW 04/06/92 325 TEXAS MUNICIPAL CLERXtS ASSN. 04/09/92 04/10/92 75 CENTRAL SW REG. CONF ON HIV-AIDS 04/09/92 04/11/92 PROFESSIONAL DEVELOPMENT INSTITUTE 04/10/92 100 THE 21st CENTURY HISPANIC; A"E WE EDUCATING FOR THE FUTURE 04/10/92 04/10/92 UNT CIRCLE X CHAPTER 04/11/92 04/12192 75 HEREDITY GUILD OF COLLIN COUNTY 04/13/92 5U PROFESSIONAL DEVELOPMENT INSTITUE 04/15/92 05/ 2/92 100 SOUTHWEST CUNA MAGNA SCHOOL 04/23/92 04/24/92 50 TEXAS WOMAN'S UNIVERSITY ALUMNI 04/23/92 04/26/92 300 LILY GARDEN CLUB 04/24/92 04/25/92 125 INTER CONFERENCE INFORMATION SYSTEM 04/24/92 04/25/92 45 AMERICAN LEGION & AUXILIARY 04/25/92 BO PROFESSIONAL DEVELOPMENT INSTITUTE 04/25/92 05/02/92 100 TWJ ALUMNI GOLF TOURNAMENT 04/26/92 65 TEXAS HEALTH ENTERPRISE 04/27/92 04/30/92 19; NORTH TEXAS EX-LETTERMAN ASSN. 05/01/92 a N :w at CENTEC FOR REHABILITATION STUDIES 05/12/92 05/14/92 30 0 TEXAS SPECIAL OLYMPICS 05/12/92 05/15/92 1 10000 Qy SOUTHWEST PLACEMENT SHDWCASO 05/16/92 05/19192 160 1 UHT ZNTERNSFVE ENGLISH LANCUACE INSTITUTE 05/20/92 05/21/92 100 t 1991.1992 Conventions NAME OF CONVENTION DAZE END DATE NUMBER OF GUESTS 05/20/92 05!24/92 18 TEXAS HEALTH ENTERPRISE 05/22/92 05/22/92 25 OENTON INDEPENDENT SCHOOL DISTICT 05/23(97 05/29/92 3200 ACCERATOR CONFERENCE OF EDUCATORS 05/25/92 05/27/92 150 ACCELERATED CHRISTIAN EDUCATION 06!05/92 06!06/92 300 ANTIQUE FLY-IN 06!08!92 06/11/92 265 SHONfINE DANCE/DRILL TEAM CAMP 06/10/42 06/13/92 100 AMERICAN'S PRAISESINO 06/15/42 06/20/92 150 MAINE ANJON NATIONAL JR. HEIFER SHOW 06/19/92 06/20/92 150 CHILDREN OF DAUGHTERS OF THE R£Pll81.IC OF TEXAS 06124/92 06/28/92 200 CINDERELLA SCHOLARSHIP PAGEANT 06/27/92 07/03/92 NIGH SCHOOL PIANO INSTITUTE 07/06/92 07/09/92 200 MUSIC TEACHERS CONFERENCE 07/10/92 07/12/92 ENVIRONMENTAL ETHICS CURRICULA 07/11/92 07/23/92 TEXAS CREDIT UNION LEAGUE CONE, 07/12/92 07/15/92 100 UNITED SPIRIT ASSN. 07/12/92 07/23/92 150 1992 SOUIHW£ST CUNA MANAGEMENT SCHOOL 97/13/92 07/22/92 SUMMER PLAY THERAPY INSTITUTF. 07/16/92 07/19/92 PARKS R RECREATION TENNIS TOURNAMENT 3000 CHRISTIAN SCIENCE CHURCH YOUTH CONFERENCE 07/17/92 07/119/92 w Ci 07/17/92 07/19/92 1100 SOU1H CENTRAL REGIONAL YOUTH MEETING 07/17/92 07/19/9? iloo 07/21/92 07/24/92 300 y JOSifi#S' YEARBOOK CONFERENCE 08/02/92 08/15/92 185 o v I ° AMERICAN FIELD SERVICE 80 +V 08103/92 08/07/92 SPRINOT(Alll NICK SCHOOL BAND ANNUAL CARP 08/14192 08/15/92 50 r AMERICAN COMMUNITY CORRECTIONS INSTITUTE 1 1 10102/92 1010192 100 TEXAS STUDEN DIETITIC ASSN. Q t 10/03/92 10/04/92 1400 AMERICAN 000 BREEDERS ASSN. C i a~ x NORTH FORT WORTH BANK V 1199/P 203 _a ZONE; LI-c 24* 2 MH 50' 0 50' 100' A m+ ~ t JOHN G. GAY, et u x 4 0~ s ?x~ ~ r V 714/P 378 r N ol; o n LOT 3 0 ADKISSON ADD'N. • ~-r oCITY of DENTON W F \ ~ V S28/P 8 r ZONE; M1=-1 0 v a &D MH C.J. SWEATMAN`, N $ HUDSPFT N M J. BROOK 3URVEY, A=65 Cisco 3URVEY I V 979/P 116 60~ 6 60~ 2r. CO Y S88'S2 S.E.C. 240 -a 142.54' 871 E 253.99' , ' MH 240 5 1~ i -30-2-.10 ` 262 ~ rye t 4\ % S 8530'16" MH MH 24' A r 6' E 822.04 F ter..- e n ' 8,00' S~4S' CONC. DRAINAGE FLUME b rZ f Pen Of PD-26 i NEW 31A,r47 R-0 W I-0 W _ 51li BB E , . 75' DE 3 176.01 V485/P642 ' BRIDGE P.P. Ptirt of w BEGIN' CONC, SIDEWAU SIDEWALK P.P Q w El r 8 50' DE g T g EW.FiR~;~YDRANI M a LO ~ N ~ V2252/P523 PROMS 25 Lo7 ZONE; - 46 t 2 C) O w MH z° N W NEW DRAINAGE EASEMENT-- z r 343.66' 1 0 a M 41 ~A 40. 58 29 09' ~ 0~ M 1 0 N NEW R-0-W1 N 86'58028" w 53.40' o ~ o z 25' from CENTEAUNE E BLOCK A N,6' . a 6 SAN. WILSON ST, a6 U 20' SAN. SEWFA` ~E~.ASEMENTV'* \ 1 \ \ of A\lN',0 Y384/P399 M4 \ \ Jv 1ir 15, PC 1EASEMENT y20' lj 803/P52111T1L tmE 1 . EXISTING FIRE HYDRANT ' 17.38' Y2252/P 2 CULVERT L . _ P.P.r p002 l I vt~ _ ° I' CU -tD a N 88'321 1 W 845.00' P.P. P.P. NEW R-0 W 34' from CE UNE J'~I 8 1 nT vOsal/pass 1498%P73EASEMENT o o• aQ i IL, ~i/i< V P~c -.I,  1. All IWIW IN "WWW lr'/ Un 1111 ImillW VLLIf'R7#• ' PROPOSEU Z5' I p~I~~lla • V 987 P 245 DRIVEWAY S. All flood pledn on the south portion of Lot Z am *1] tt y on the east portion of Lots Z and S wi l1 be dedloatW aa'pibl to 60H2O40 00 a 'VA A desime" seesw t. both delineation are kftrdir ~i tlw iss• mm FIRE HYDRANT rent FM Flood Dw rands Acts M p. P.P. POWER POLE • I t. m" public sidewalk will -be oonetruoted &Iwo the erRtf! NlrlOh N 8700'27' W N 0Q'A2'42r-~E YH ' ~ 1y3, I S SURVEY UNE and Mores ttrest f ranta"a (1ncludtnp the b+noar+ property) 0% 23.82 $5' ; lot nK*TRinT PROPOSED 25` lrl, gr ec. 10 16, 1 C*4 mow- 81 Newton $tt rest W11 ] be rspewd with b satMwOm 01 ty of b+ntdn , DRIVEWAY 4 IN OW7= W, n4. o wide w, .b A putter entibn northward f~ioM..llaen btiviC riF , b. Underprov+d stone drain pipe will bs ti ]Ied.ilwo' the 1`blab j ~S del ~dQo f 1 ! I I L ■ show~+ aohawetioally on " drainrp. It 011, be UP moo antir*iy, within public street r-o•w era wtllltrtdralrao WMMIilti. V* z0 o' U.4. UT1L /SMNT. T ~ LJ sxaat location of the exit-carat portion off.." 1$ 011 Jm defined during praparattor► of tlis F1nat #rplst: "m into" 9111 be Installsd'at the Intsreection of ilewtom and wilem, troetsjrk Q MINTER~AD J i orde- to Intercept putter flow. j - J z Cad D/P, 16-- io. Gewlapse of this project Is the Denton Ynd%4ndellt AChoe1 . r. District. t ~corr - 11. A pemwlt 1s required In order to rrnvw any troe that 1s 10'x' t 0 1 diet um or larpsr. N d LIMINARY REPLAT of the MINTER ADDITION N8 '280 LOTS 1,2,3 & 4 of BLOCK A MORSE 249441 Being a Replat of the Minter Addition se 1. r~ STR t o5 Plus 18.52 Acres of Unplatted Land f ~ 1 I _ i J. 8ROCK SUR., A-55 PRqRp ! F~ 1 & Wm. TEAGUE SUR, A-1286 ~ IOVQ i CITY do COUNTY of DENTON, TEXAS 7 June 1992 PREPARED BY: Y: BLB COLEMAN & ASSOCIATES 1 1" = 100, SURVEYING r25 June 92 P.O. BOX 686 92L08 Judy 92 DENTON, TEXAS 76202 ~I 1 D{SQPREL 817-565-8215 I i 'vr I I I MENOMINEE b~ rr~- r ti I~ L 1 1 r~ it . 1 If :1 IT r - r 1991.1992 Conventions NAME OF CONVENTION DATE ENO DATE NUMBER Of GUESTS PROFESSIONAL DEVELOPMEAT INSTITUTE 10/14192 11/01/92 100 ni a 4 A C l A < a, January Decernber 199f r. Capacity 80 ® 14;Xel 1111) 60 Holiday lriii Sheraton 110 20) ;a in U U c4 A' Jars Feb Mai-Ap I,May.JullJtilAugSel)Oct Noy Dee 5ouvce; Denton llotcl%Alotel Aasocialloii i c, .v G •a 1976 199.1 THOUSANDS 200 150 i 4*00- loo - 00000 - - - - - 50 - / «r 8 76 77 78 70 H 81 82 83 84 85 86 87 88 80 90 X31 YEAR uY'i «t, 1, t0 N V t; ~ *llenLotl CottvetiLiou VLtiLory 13111'enu ~Q /a TOURISM ASSESSMENT OF DENTON, TEXAS s This report is the result of a one-day visit to Denton by a tourism resource team assembled on February 13, 1992 by the Texas Department of Commerce. The purpose of the report is to provi.,te comments, suggestions and recommendations, that should be useful in the city's tourism development planning. Team members weret Chloe Johnson, Independent consultant in economic development, Austin, Texas Ray McFarland, Sales Representative, Wetin Wild Water Park, Arlington, Texas Phil Davis, Director, special Tourism Programs, Texas Dept. of Commerce, Austin The resource team was treated to an Ruaellent tour of the City, giving all of us a better view and understanding of Denton. Like millions of others, most of us drive IH-35 on a fairly regular basis, stopping only for a "fill-up" or maybe a bite to eat, we never think to visit attracytions, in the area, Now we do! The trick is to get others off t'be road for an enjoyable experience such as we had. THE SUOGESTIONS AND RECOMMENDATIONS IN THIS REPORT ARE NOT LISTED IN ANY DISCERNADLE ORDER NOR BY PRIORITIES. + The Community Tourism Assessment, City of Denton., produced and prepared by Me. Jo Ann Dallantine and the additional brochures assembled for our reference have been most help- ful in the preparation of this report. * Everyone should remember that no matter how good your literature is, it will not attraot visitors sitting in the Chamber of Commerce Office. i' r O o2/ P~,Jr~n*l NO 2 Denton literature should be available at all locatid s where visitor, or highway traffic might stop,such ass a, oxisting brochure racks around town b, motel lobbies c. downtown businesses d. other high-volume businesses on I-35 e. the museums f. on display for all conventions and largo seminars at r local hotels and the universities g, at each of the ranches in the area: Ranchland, Circle R, Texas Liles and Doubletree. h, in the park areas at Ray Roberts Lake and, i. arty other locations where out-of-town visitoro may stop, such as the Municipal Airport and the RV center on I-35 j. Exchange brochures with other convention & visitors bureaus and chambers of commerce in the area for wider distribution. k. and, by all means do not forget the Visitor information center in dainesville Distri'uution of brochures at these locations will result in more visitors staying longer to see the sights. It will require a sizable printing budget and a system to keep the racks and other locations supplied. * The various events that occur in Denton will give extra exposure to the oity and its other attractions. * It may be possible to work with the events coordinators in other area cities to devise a method whereby the Denton Chamber could promote Denton with a booth or oomething similar during those events. Use a trade-off, $'allow me to do this and you can do the same at our events'). * For example, design a simple $'faet shoat" to be distributed to events visitors in order to educate them on the other attractions available to see either before they leave town or on a special visit. * Driving tour tapes could be developed so that visitors know what options are available. The resource team enjoyed the tour even without a tape - We had live human beings for our narration) t i t Agearf~ ituot_, _,_GCJ.~_ '¢a p,Ir, 3 The Denton County Historical Museum is a diamond in the rought it needs publicity and promotion. The old County courthouse location is ideal for enticing visitors into downtown to view not only the courthouse and museum but to do some shopping while there. + None of the members of the resource team remember seeing any directional signs for the museum, making it Wficult for visitors to locate. + with 139 restaurants and other eating establishments in Denton there should not be much trouble with visitor starvation. MARKETS FOR DENTON The largest single market for Denton is obviously IH-35, with millions of vehicles passing through k.he edge of town each year. The trick is to get them to stop, visit the attractions, upend some money, stay the night and then continue Lheir journey! That can be accomplished with the use of billboards, brochures and publicity. I believe that Denton currently has at least one billboard at work. There should be at least two, one on northbound 1-35 facing south and one on southbound faring north. Smaller boards could ire placed on U9 360 both east and west. A cooperative program could be developed with some of the attractions, motels or industries to include their names and maybe, their locations on a cost-sharing basis. REACHING YOSIR MARKETS There are a number of ways to get your message across to potential visitors. Advertising, publicity and promotions are the primary means used by most travel destinations. of the three moans, advertising is the most expensive but per- haps the most efficient. It generally involves the design, production and placement of ads for newspapers, magazines and other print media, it also can include the costs of the billboards (already mentioned), Radio is also an effective medium. ADVERTISING - The Convention & Vis:ltors Bureau (CVI3) should eAplore the feasibility of an ad campaign to determine Jf advertising is a viable approach in terms of cost and benefit. Chook with some of the newspapers in your market lacing several sizes of ads area to determine e the cost of placing ossibi of using some of the them as public the Possibility se,:vice announcements. could they be rais~id? If funds are not available, a ers to the idea witesbit)ns they ors Of may local ,,,papers to h the Discuss have on the see what insight or sugg © with your radio stations+ idea. Do the sam artners with the advertising all to become p managers. invite them for the benefit oha eearound the tourism program, not only s the May their town an,, the media oontaandoin promoting int ads and radio industries good they pr the states but for theb. willing to e produce locally. They may their contribution to comma rail tourism prog committee a rtising" but it ro~ Lals framl referred to as "free adve can pUDLICITY often +1free" because tinge aonsul° is not. It is not alwaaf mailing/0ipp really advertising be stations cause costs for pro duction, p t,ante, trade-offs and time. It s not a ment to publiOati Ono EUDLICl an + there is no direct p Y PUBLICITY IS MORE DELIEVIIDLE To THE publicity- Getting Distribution of travel written and )n County and De ttc is sure that Denton is ,ton articles about ublot liaitYagO ismakingr is listings and published is p ubliaa 'Ell that p Developing inaludad in evcrYaoming events and activities. thing stories about UP- its attractions and any press releases about the area, new and newsworthy. of Commeros is provided aanrtment nual events, inalueling dates make sure that the Texas Dep with a listing of all of your COittee member visit the the f Denton and and brief description. Have a Tourism Division to determine that photo file' While f resented in of the formon hoto file, county are well rep oron to r eview its p ofhTransp 1 Y'onts tv the listings Austin Department visit tati Texas listing of Roview a Department," State Travel They also so need your unities in the for your area oomm Guide. repenaral" section on the I see seven (7) att~,aotions plus a the newest edition of the State Travel Gu e. area listed in Museum Listed are% County Lakes (3) Evers Hardware Gowns of the First of Texas Little-Chapel pilot Knob and, silk Stooking Row ~raoneral"• ~Phe Courthouse and Universities are mentions in r 4 5 y y 3 The 1992 edition of the IlTexas Accommodations Guide", pub- lished by the Texas Hotel & Motel Association, only lists two motels under "DENTON" - The La Qui.nta and Sheraton. T assume that is because the other establishments are not members of the association. "Texas, It's Like a Whole Other Country", published by Texas Monthly Magazine, with assistance from the Commerce Tourism Division, does have a nice listing for Denton. It has a brief history, lists two museums, the Historical and the d DAR. It mentions historic homes, has paragraphs on each University, mentions golf, tennis, Center for the Visual Arts, Flying Air Command Flying Museum, TWU1s Art Galleries, UNT~s Art Gallery and Historical Collection* it also covers the performing arts, shopping, and side trips to Lake Lewisville, Lake Stay Roberts and Texas Lil's. The Denton Spring Fling and North Texas State Fair annual events are covered. Your restaurants and three hotels arcs covered. Several years ago the Texas Department of Highways and Public Transportation began publishing Texas events by annual quarters. In 'Looking through all four of the listings for 1991, I found only nine listings for Denton. The "Denton Calendar of Events" lists FORTY-THREE for January through Marohl Granted, not all of the events listed in the Denton Calendar probably are not of mass appeal and therefore would not make the "Texas Events calendar", but T feel certain that more than nine Denton events should be in the Calendar, R I suggest a review of the information being sent to the Texas Department of Transportation (new name) to make certain that as many of your events as possible are listed in TDOT~s materials. PROMOTION - Explore the possibility of developing a co- operative package with one or more radio stations in each major market city for a free weekend for two in Denton. Provide the station with a trivia question about the area. The first caller with the correct: answer would win the prize and Temple would reap the benefits of the promotion. Examples: O'What has been callers the most picturesque pile of rocks in North Toxam?" IfName the location and the name of the largest university for women in the United States." , 14 What is the location of The North Texas stato Fair? e DENTON COUNTY RESIDENTS NOT BloIG113LVJ You get the idea. RESEARCH Primary markets for Denton should be Dallas/Fort Worth, Austin, Ban Antonio, Bryan/College Station, Waco and the communities located on, or close to, the I-35 corridor. 9 Without benefit of much research data it is difficult to say with certainty what areas to concentrate on with your publicity and promotional activities. Some simple resnaroh would help pinpoint other areas which are currently providing visitation to Denton. A short form can be developed to tell you where visitors are from, why they are in Denton, main destination, duration of trip, number in party, first trip to Denton?, and other information deemed appropriate. s The form can be placed in the convention and Visitors Bureau, motels, restauraests, convention center, museums and anywhere also visitors might stop, * on-duty personnel would explain that the Bureau is making a survey of visitors in order to improve upon the town's visitor development program. They would then ask the visitor to take a few minutes to fill out the form. a The form can be simplified by multiple choice ahock-off answers instead of a fill-in the blank type, thereby making it less time consuming. + over a period of time you can put together a profile of your visitors and begin to target your markets as well as folks who enjoy what Denton has to offer. * The Texas Department of commerce prrduoes a monthly stcalendar of Events" which is distributed to all Texas newspapers, television and radio stations and selected magazines, send events information in at least three months in advance of the event. Send to Events Editor, Tourism Division, Texas Department of commerce, P. 0. Box 12728, Austin, TX 78711. a Not discussed was whether any of the major industries in the area offer plant tours. if so, they are worth promoting. * Denton~s easy aoces,n off 111-35 is a real plus. We encourage you to target the Winter Texans who traverse the highway both coming and going to the Valley. You have the hooks to accommodate a large number of visitors. Activities 4 f r ~f ~j 7 could be developed to encourage them to stop and spend some time in Denton. visitors are interested in value. Promote the fact thut Denton and the surroundi,sg area is a great value for the visitor. * Jo Ann Ballentine has a good grasp on what needs to be done to encourage tourism to Denton. When the budget permits, attending trade shows and becoming active with the National Tour Association and other industry groups will be very beneficial. Specifically, three annual meetings come to minds The Texas Travel summit, sponsored be the Texas Travel industry Association, the Texas Association of Convention and visitors Bureaus and the Texas Heritage Tourism Conference, sponsored by the Texas Department of Commerce and the National Trust for. Historic Preservation. There are numerous other meetings and seminars held throughout the year. With a little experience CVB staff can pick and choose the ones deemed most valuable. A travel and conference budget would need to be established, speaking of budget, 31.6% of the city room tax oollections are spent on the Convention center, which is a legitimate expenditure. However, the lack of funding for advertising, publicity and general promotions hinders not only general tourism development but can also hinder the ability to sell the city as a convention location. My reference materials do not tell me whether the funds designated as "Convention Centers are used on convention promotions or the bonded indebtedness. A Z suggest that city officials study the economics of the Center compared to the general over-night lodging when no convention is in town. Does the Center host conventions that bring outsiders to town or are most of the meetings attended by local and area conferees? Without, overnight guests generated by oonferenoes the city loses tax dollars and the community loses any economic benefits it might other- wise enjoy. * Arrangements should be made to allow Jo Ann to attend more networking activities in order to develop relationships with others in the travel industry, determine how others Irdid its{, and to pick up ideas that have proven successful in other mid-sized Texas cities. * Build a oommuwsity awareness program on all activities, attractions, events and the benefits of tourism development. f nnenda iturn_.._~U -2 * Work with the local schools to bring more athletic events and other school competitions to town. Mothers and fathers usually come along. * Invite newspaper editors, cr travel writars, television personalities, radio broadcasters, etc. to serve as the Grand Marshall, Ribbon-nutter or some other important per- sonage during the many events and festivals which occur in the county each year. Treat them with the same hospitality ' lavished on the resource team and watch them generate some good PR for the whole area. * place stories or small ads in University and college newspapers inviting students to visit Denton for weekend events. Students always like to get away from school on the weekends or holidays. Many UNT and TWU students probably leave town on weekends and holidays to spend money elsewhere. OUT-OF-STATE BROCHURE DISTRIBUTION Scott McGehee of San Marcos is under, contract with the Texas Department of Commerce to represent Texas at a number of Boat, Sport and Vacation shows in other states. He also distributes Texas cities, and attractions, information at those shows. He can also access the Department of Transportationls computer system to print out the address of everyone who has requested Texas travel information. of coarse that is a very long list, but he can pull the names by state, and/or zip code, thereby oustomizing the resul''s to fit your wants and pocketbook. If so desired, he will mail your materials for yuu. r I suggest he be contacted to determine what costa would be for such services and if they fit into your budget. It is a good way to target brochure distribution to people who are already interested in Texas. :'is number is 512/351-2050. SOME ODDS AND ENDS Jo Ann Hallantitse is to be commended for hor efforts in promoting Denton as a "city to visit.'$ Etoh brochure, in its own way, is capable of whetting tho appetite of a potential, visitor to Denton. Media The Denton County Historical Museum is a "must noo+l C attraction for nny visitor to the area, particularly for individuals 5o years of age and older. Then too, if it has ; c i r A p4 not already been achieved, we would encourage Jo Ann to invite Les Thomas, Southwest Travel Editor, Southern Living, Austin, to be her guest and spend a day seeing the various attractions as did this resource team. The Museum, Texas Women's University Library and Chapel, and the 106 year-old Evers Hardware Store provide the necessary ingredients for a good travel story,. Howevor, don't stop with Les. Bob Phillips, IrCountry Repori•er," a 30-minute weekly travelogue, is another n promotional vehicle. Not to be overlooked are the Travel Editors for major news- papers located in Dallas, Fort Worth, Oklahoma City, Abilene, Amarillo, Austin, Lubbock, San Antonio, Corpus Christi, Houston, etc. Also, Tommie Pinkard, editor of Texas Highways magazine should not be overlooked. Visitor Information Centers The establishment of one or two new information centers will he a great asset to the visitor program in Denton. The pro- posed locations we were shown are ideal sites, provided adequate signage is supplied by the City of Denton and/or the Texas Department of Transportation. once open, the site(s) should be highly published to the citizens of Denton as well as local hotels and motels, restaurants, convenience stores, service stations, camp- grounds, media, eta. A water fountain and public restroom facilities are almost a "must". Consider selling Texas souvenirs to help defray overhead costs. Other idous * Work with the owners of Evers Hardware in developing an inexpensive brochure or 8-1/201 x 111+ handout. tnolude D & W photo(s) if possible, * Evaluate "Points of interest" directional uigns within the city. Are existing signs easy to read? no they show wear? + u -0-9 _ cards- have already been mentioned, but a rc 'rider, seek Co-op sponsorship on cost. several years ago, Budweiser had a painted board on 1-35 in Waco pro- moting the Texas Rangers Museum. Toxa© pyjentA Cale* cdaz, which appears in Texas Highways is an excellent publicity vehicle. call Dnn Kelton, TROT, Austin for details (512/467-3720). 1 fi 10 Trackless T Den ro11e1r - we Only saw one during our tour of ton. It was painted a drab color and was in need of a wash-job. Why not brighten the color and give the trolley a name, similar to what Austin has done with the "Dillote. To get the community involved, the Convention & Visitors Bureau might hold a contest to name the transportation system. ON BEHALF OF MY TEAM MEMBERS AND MYSELF I WOULD LIRE TO EXPRESS OUR APPRECIATION TO ALL OF OUR NEW FRIENDS 124 DENTON WHO SHOWED US THE SIGHTS AND SITES AND MADE US FEEL VERY s MUCH AT HOME IN YOUR FINE CITY, DENTON HAS A LOT TO OFFER TO VISITORS AND JUST ABOUT AS MUCH TO BE DEVELOPED, IF ALL YOUR VISITORS FIND THE HOSPITALITY THAT WE DID, DENTON WILL BE A TOURIST'S I'MUST11, THANK ALL OF YOU FOR SHOWING US WHAT A FINE CITY YOUR SHARE. APRIL 101 1992 PHIL DAVIS DIRECTOR, SPECIAL TOURISM PROJECTS TEXAS DEPARTMENT OF COMMERCE P. S. Please accept my sincere apologies for the long delay in the aassessmcntompl hasetiobn of this reort. The requests overwhelming and has kept meronothenity road almost constantly. Tourism spending tops survey of stale travol oflicos shows that Texas planned to spend more In fiscal 1992 to promote tourism than any other slate, a total of $28,8 million by the Texas Department of Transportation ($18,13 mllllon) and the Texas Department of Commerce ($10,2 million). WhIlo no other state projocled larger doflar outlays than Texas, four states' 1992 tourism budgets grow at a faster rate. With an Increase of 31 percent since 1991, Texas' lounsm budget growth rate was filth highosl In the survoy by tho U.S. Tievol Data Canter At 69 percent, Massachusetts' tourism budgol grow Ilia, Iaslosl, followed by Louisiana (44 percent). New MoxlCo (43 pu;Ganl( end North Dakota (37 percent). About $3.7 million of Texas' $G rnilifar Plusrncroaso for tourism was piannod to pay for building a now - IraVal Infarrnatfon center. State travel budgets' 1 J State travel budget growth, 1991.92 In roll Ions Percieni Change $0 _ 10 20 30 70% 00 60 40 30 20 Tx -1 _ -r- MA IL 1 HI _ J Is+~``;ua LA LA NM FL L EMAS l fl NY ) " LA - ❑AoluAllto9D•01 CA I Profaclod, 1901.92, Tx Taxss, fN.rws, laxS,i. LMislana aae nroFkLj aie stoles with tlw largest bowlfxiUgal6 SUII1-L u5 1,,,l, eaiaCCnrnr, Gln;hn,rcn.an ~ GQ1b lr\ HULS HATE I~'I l~ ~r~J 11~ UPIH1. a I1Tfin 11411 ~tibl rr, aGfQ, Mntorrol in niscnl bolas is rlotCopy. rigpded and play bo r 1, z r..> r. , . reproducod, rho lr:~ J^ A,11N complrollor 01 Puulrc ;J r -T ~ r T 7 Arco U n is would "r•'ll"; 1! ~ •.{V appravnte crodd for i~ • ' , I ~ ° C Y r ' 1 1 7 . l 1. littgy,'~> a Ih0alusedandncopyof n1nrc11nn1. '!1tITY DirOdCI quouoalron!• (it c0nnn0nla nbout ~ ~ ~ ~ (16C.11 Nolen art, ins' 101110 ^.ddor. Tolopltuna 15121 ae31,11JU•1. l por addlllonal copias or back Issues, or lo bacowo n subsonber, contact: Frscnl N0105 Texas coanplre Per r>I P"bI'C AOrcurlIS P.O. Uox 78528 Auslm, Tx 70-111 y(lU1 Or Call I-11(lo-SJ1 5441, oxt 7 4900, nr r. f i1 ii Adlnnrll Pltl.. G2s DENTON COUN'CY HISTORICAL FOIINDACION ING- - P. O. Box 2184 v Demon, Tuas 76202 ~ -i 41 OENTON COUNTY COURT1101 , BUILT 1990 July $6, 1992 The Honorable Bob Castleberry Mayor, City of Denton Denton, Texas Dear Mayor Castleberry; Enclosed is the approved 1992-93 Budget as requested for the City of Denton's proposed budget. There are several historical marker papers being prepared to recognize historic subjects in the City of Denton. We are excited at the prospect of having Thistlowill nal stateah1stori al markers approved within the City. dollars spent locally will aid the economy. The Denton County Historical Foundation and the Denton County Historical Commission are pleased to be a part of the historic preservation for the City of Denton. We extend our thanks to you and Council members Brock, Chew, Hopkins, Miller, Ferry and Smith. Should you have any questions, please contact our office. Sincerely, Leon D. Callihan, Sr, Enclosure LDC/pj t ~A D[NJON._COUNTY_HIS'TORICAL. FOUNUATIONs (DCHC Operationa Budget) Line Item Budget - 1992-93 Approved June 1992 - - - EXPENSES- 1.01 glides and Photographs $500.00 The slides and photographs, both color and black and white, will be generated at the marker dedi- cations; at historical preservation events in the City of Denton; at functions in the Courthouse and the Museum; at all Historical Celebrations and Events in cities and towns throughout the County. The Commission is responsible for recording all events dealing with historical appreciation and historical preservation. 1,02 Archives and Reference Library $300.00 As part of the requirements for the Historical commission to earn a Texas Historical Commission Distinguished service Award in the field of Museum Assistance, three textbook quality books must be donated to the Museum Library. 2.01 Future Publications Continue to develop histories of all cities and communi- ties within Denton County. ,.........$7U0.00 2.02 Publication Reprints .,,,,,,,,.,$280.00 3.01 Projects Equipment Audio and Video tapes are made of historically significant Events for listening and viewing by visitors to the Museum. 3. Ole! Memberships, Training, subscriptions .............$505.00 Greater Denton Arts Councll, member National Trust for Historic Preservation, member Texas Historical Foundation, member i;!L~nton Central Business Association, member Denton Holiday Pestival Foundation, member Denton Cosin Ly Amphitheater, member Ex-Officio Denton Historic Landmark Commission Subscriptions to till local newspapers from cities in Denton County r Y, ~ r ~ yJ P tt 61 /v;JG- 14 Ho..__ RAP A_EMTON (0~1NTY~# BT0RIQ1L_--1=0UNpATI0N,__.INC 44H Qpergt1lana_R_gdIO t,,.,_i a __ltwa 3.03 Heritage Projects ................................$660.00 Antique fire truck, maintenance, transport Historical markers 3.04 Operational Supplies ...........................$1,2.00.00 Stationary supplies, including computer materials Texas State Sales Tax Permit Conservation materials, acid--free 3.06 Historical Education .............................$200.00 3,06 Capital Improvement ..............................$400,00 4.01 Personnel ............................................0.00 Director of the Museum serves also as Staff Director of the Historical Commission Administrative Aide. Paid by County, devotes her clerical and research capabilities to the Commission and Museum. 6.01 Museum Allocation ...............................$200.00 6.01 Audit and IRS 601 C 3 Reports ....................$600.00 7.01 Reserve Funds ...................................$600.00 TOTAL... ......30,165.00 INCOME LALOR FUNDS .............................................$8 165.00 (The Denton County Historical Commission intends to continue historical preservation of the City of Denton and Denton County. This will aid in bringing visitors which will enhance the local economy while preserving Denton'a heritage.) fl t' G1Y vvo ara~ 0'?-14-1992 lOrOBA1j F'ROf1 PIN5LETON KISSP<iER NOWAR TO 1H173B20B45 2 PINGi_E`1'ON, MSSINGER, HOWARD & P. 01:) COMPANY P. C. CERTiFIFp PU8UO ACCOUNTANTS P. 0, BOX i48 {lentlahJ~. a D.2/ FRISCo, TEW 760,94 A9cnda ltorn_ 214-33'x87541__ `oC 140, W' rlvotaruv 7}1o1iAS KrSSINOM' ' CPA RAA77y HOWARD, CPA pW Y fl, t ANS, CPA ADISRICAN I y Tfi aC!M AICPA MMION for CPA PIKM$ c 7 PXA8 Soc1M of CPA: Denton County Nistor~ical . P,D Box 2184 fourldatian, Inc, Denton, Taxas 76202 July 14, 1992 Please find attached hereto statements a draft of the December 31, 1991 financial . We are still awaiting the minutes of the Boa audited for 1591 and 1592 as le11 fl .,bank bank confirmation f rd of Directors meanci s f , Once this information received iling with we withell be able to finalize the audit and Prepare Federal Form 981? for filing with internal Revenue Service, d If you should have any questions don't hesitate to call, Sincerely, , e--ti/ 7 Cf A V t, I r 5 r M i ciq vvv ~rvv 07-14-1992 10108RM FROM PINGLETON KISSINGER NOWAR TO 18173820845 P.03 Ager~rl7 ltom__~s .#a.~___.~ Z12 e DW T0N COUNTY 40 HISTORICAL FOUNDATION, INC. Financial Statau-4Ris (With Auditor's Report Thereon) December 31, 1991 1 I' a r.aq oo~ ~r;~v 07-14-1992 10~©8AA1 FROM PINGLETON I<ISSINGEi< HOb1AR TO PINGLETON, VJSSINGER, HOWARD & COMPANY , ~173eaaa4s P,04 CERTIFIED PUBUC ACCOUNTANTS e-----fi F, 0. BOX 148 Agonrla Rjlftl FRISCO, TEXAS 75034 TnH W. PfNOl.6TON, CPA 2r4,338-A784 1110MAS xIS8INO1?R, CPA D RAN'AY HOWARD, CPA BILLY H.1AlVY CPA AMERICAN iNYnTUT-a of CPAs AICPA nIVISION foi CPA PfMS TExA5 tin(AMY of CPAs r !I'lt2~L'~HDCd CAilii.LX~fl' $~EPQgT The Board of Trustees Donton County Historical Foundation, Inc, We have audited the accompanying balance sheet of Denton County Historical Foundation, Inc, (including the Commissions Operations Account and the IO,O,f. Fence Project) as Of December 31, 1?91 and the related statement of activity and changes in fund balances and cash flows for the year then ended, These financial statements are the responsibility of the Foundation's management, Our responsi- bility is to express an opinion on these financial statements based on our audit, We conducted our audit 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 material misstate. ment. An audit includes examining, on a test bass;, evidence surporting the amounts and disclosures in the financial statements. An audit a~so includes assessing the accounting principles used and significant estimates made by management, as well as, evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis of our opinion, In Our opinion, the financial statements referred to above present fairly, in all material respects, the financial position'of Uonton County Historical Foundation, Inc, as of December 311 1951 and the results of its operations and cash flows for the year thon ended in conformity with generally accepted accounting principles, M 2 ~ ~ V July 2, 199? -1- 1 ;t Y 1 Z14 [700 71':Jtl 07-14-1992 10109AM FROM PIH6LETUI KISSINGER HOWAR TO 18173820845 P.05 DENTON COUNTY HISTORICAL FOUNDATION, INC. ' - Balance Sheet December 31, 1991 9` 7 dyr /v ASSETS :,af Cash $ 16,309 Certificate-of-deposit (Note 4) 12,617 Fixed assets, net (Note 5) 3.196 Total assets $ LIABILITIES and FUND BALANCES Liabilities: Accounts payable (Note 6) $ Total liabilities 1•ti12 Fund balances: Investment in fixed assets (Note 5 3,196 Unrestricted (as restated - Note 7): Denton County Historical Foundation 8,643 Denton County Historical Commission 18,544 I,O,O.F, Fence Project __.)V Total fund balances Total liabilities and fund balance $ C See accompanying notos to financial statemonts, -2- i r. y i1 W i zap ovn ~raa OT-14-1992 10109AN FROM PINGL.ETON KISSINGER HOWAR TO 1017^362064$ P,06 Agnwrla AI;.~nda I;em_ ~S #v~~_ DENTON COUNTY HISTORICAL FOUNDATION, INC, N10 a Statement of Activity and Changes in Fund Balance For the Year Ended December 31,, 1991 ~.42CsZi:-Il1~ Funds SUPPORT AND REVENUES - Hotel occupancy tax $ 7,077 Interest income 1,307 Book sales Other 833 Total support and revenues EXPENSES Book purchases 12608 Seminars and conventions 913 Professional services 860 Photography (t 743 Office expenses 11u 622 Depreciation 444 Promotional and advertising 356 Cemetery cleaning and maintenance 255 Dues and permits 175 Special projects 161 Subscriptions 121 Newsletter 114 Scrapbook 22 Bank charges 5 Miscellaneous Total expenses + Excess of support and revenues over expenses 3,604 Capital additions Excess of support and revenues over expenses and capital additions 1 301 Fund balances, Oecombor 31, 1990 11,557 Restatement of beginning fund balances (Note 7) 11,652 Fund balances, December 31, 1991 $ See accompanying notes to financial statements, -3- 't. f I I z tai, vvv ~r~v 07-14-1992 10; 10Ah1 FR01:1 PRJiLETOH KISSINGER HOWAR TO 18173820845 P.07 AgLr;rt'l fjo, A(1cfii)a OENTON COUNTY HISTORICAL FOUNDATION, INC, Statement of Cash Flows For the Year Ended December 31,, 1991/ .4/ / S~~~in~F~ads Cash flows from operating activities; Cash received from city. of Denton interest received S 7,077 Cash received from book sales 419 Other receipts 833 Cash paid for administrative costs 621 Cash paid for book purchases 4g2'9dQ} Net cash provided by operating activities Cash flows from investing activitias: Purchase of furniture and equipment Net cash used by investing activities M Net increase in cash 631 Beginning cash, January 1, 1991 71660 Restatement of beginning cash {Note 7} -Lol Ending cash, December 31, 1991 . $ Reconciliation of excess of support and revenues over expenses to net cash provided by operating activities; Excess of support and revenues over expenses e Adjustments to reconcile excess of support and revenues ovur ~ 31504 expenses to net cash provided by operatiny activities; Depreciation Increase in certificate of o 444 deposit 888 Decrease in accrued hotel taxes 1419 Decrease in accounts payable 1,418 Net cash provided by operating activities} i Soo accompanying notes to financial statemonts, -4. i r a a~~ vov ~rav 07-14-1992 10:1171AI-I FROM PINUL.ETCH MS'SIINGER HOIJAR TO 18173630:345 P.00 ~cr,Ua N;~m..__.S - COiJNTY HISTORICAL FOUNDATION, INC. Notes to Financial Statements December 31, 1991 `ll~°lll;ill (1) SIGNIFJtANJ ACCOUNTING, N LICla The financial statements of Denton County Historical Foundation have been prepared on the accrual basis. The significant accounting policies ful. lowed are described below to enhance the usefulness of the financial statements to the reader, " ,Qo,Uns To ensure observance of limitations and restrictions placed on the use of resources available to the Foundation, the accounts of the Founda- tion are maintained in accordance with the principles of fund account- ing, This is the procedure by which resources for various purposes are classified for accounting and reporting purposes into funds estab- lished according to their nature and purpose, Separate accounts are maintained for each fund; however, in the accompanying financial statements, funds that have similar characteristics have been combined Intu fund groups. Accordingly, all financial transactions have been recorded and reported by fund group, The assets, liabilities, and fund balances of the Foundation are reported in one fund group as yellows: 4 Operating fund: includes unrestricted and restricted resources and represents the portion of expendable funds that is available for support of operations, (2) LFGALLY INCORPOR TED ENTITY The Denton County Historical Foundation, Inc. was founded and legally incorporated in the State of Texas, on August 6, 1984, Exemption status under Section 601(c)(0) was obtained on January 16, 1985, (3) MAUVUl:_.Nl: ANQ RON ANI 509WERT..UM Prior to August 1984, funds from the Denton Cultural Confederation, Inc. worn received by the Denton County Historical Commission, Inc Due to the 1984 Nttornoy General's Opinion No, JM•71, which stated that funds received by a county commission are the property of the county and must be deposited with the county treasurer, the Denton County Historical Foundation, Inc. was created to receive those funds, Until October 1990, the Foundation in turn allocated a portion of those funds to the Denton County Historical Museum, Inc, and the Denton County Historical Commission, Starting in October 1990, the City of Denton contracted with the museum to send the funds directly to the museum therefore bypassing the Foundation, There- fore, all funds currently received by the Foundation are, allocated 100 percent to the Denton County Historical Commission, -continued. -5- < t rs a za-, vvri :r ,•oo 07-14-1992 10111AM FROM P1NXETCH KISSINGER HOWRR TO 18173820845 P109 1 ' wa Arlertla DENTON COUNTY HISTORICAL FUUNDATION, INC.Diie Notes to Financial Statements December 31, 1991 -continued- (4) .LHJIFICATF-o1=-QE PUSIT This certificate is located at the First State Bank of Denton, Texas. It matures on Decembe,r.23, 1992 and is earning interest at 4.40 percent. (5) FIXED ASSETS All fixed assets Are recorded at cost or at estimated fair market value at the date of gift, if donated. Depreciation is computed on a straight-line basis over the estimated useful lives of the assets, Estimated useful lives of all assets is currently 10 years. The following is a summary of fixed assets at December 31, 1991; Office furniture and equipment S 4,440 Less: accumulated depreciation ) Fixed assets, net $ The following relates to the restatement of fixed assets and accumulated depreciation at December 31, 1991: A. In 1990 fixed assets were removed from the financial statements in order to show the segregation of the Denton County Historical Founda- tion and the Menton County Historical Commission. However, on Octo- ber 1, 1990 the Foundation and Commission"essentially became one in the same since the City of Denton contracted directly with the Denton County Historical Museum to send funds directly to the Museum. There- fore, the following restatement is necessary: Fixed assets - December 31, 1990 5 0 Add: fixed assets - December 31, 1989 11440 Add: fixed asset additions 1990 797 Add, fixed asset additions 1991 1" 2Q-1 Fixed assets - December 31, 1991 S Liu B, in prior years no depreciation was recorded; therefore, the following restatement is necessary; Accumulated depreciation - December 31, 1990 E 9 Add: Depreciation through 1990 800 Add: Depreciation 1991 499. Accumulatud depreciation - December 31, 1991 s JA.W (6) ACCOUNTS PAYABLE The accounts payable are summarized as follows: Denton County Historical Museum for third quarter 1990 hotel tax funds $ Ia- -continued- -G i =3~ voa ~rao 07-14-1992 10:11M FROV, PINGLETON KISS INGER HOWAR T9 18173820845 P. 10 nonnda Allond8 l1nm.__~~'~a ..r- DENTON COUNTY HISTORICAL FOUNDATION] INC. f~3te_ 'a7 Notes to Financial Statements December 31, 1991 5~ U -continued- (7) RESTATEMENT OF BEGINNING FUND BALANCES AND CASH Beginning fund balances and beginning cash hava been restated in order to include the accounts of the Denton County Historical Commission in the financial statements which were previously excluded. C it i r luierda IWO DENTON COUNTY NI.4'. TORICAL COMMISSION M M1 Ef3SKIP_199,1 _92 (7-14-92) EXECUTIVE COMM1'TTEE:_ Phone: Chairman: Leon D. Callihan, Sr. 214-232-1617 326 Easy St. Little Elm, TX 75068 " First V, Chmn: Richard Tarver 817-566•-1189 111 Mill Pond Rd. Denton, TX 76201 Sec. V. Chmn: Marvourene Matthews 817-497-3638 Rt 1 - #300 Lake St. Lake Dallas, TX 75066 Treasurer: James P. Heath 817-382-3465 600 Headlee Denton, TX 76201 Rec. Secy: James J. Johnson 817-387-7069 3004 Croyden Lane Denton, TX 76201 Corr. Szcy: Letitia deBurgos 817-•497°3623 47 Kingswood Est. Lake Dallas, TX 76066 kcJl VE_MLM URS_.. Aline Alexander- 711 Jackson 817-387-•7386 Denton, TX 76201 , Anna Lee Benham P.U. Box 34 817°497-2603 Lake Dallas, TX 75066 Thanna Bounds P.O. Box 34 817•-497-4337 Lake Dallas, TX 75085 Kerri Burnside 1421 Briarwood 817--898-0870 Denton, TX 76201-3568 Katherine Callihan 326 Easy St. 214-292-1617 Little Elm, TX 75068 Robert Caastleberry 627 Drove 817-.382-8916 Denton, TX 76201 Alma A. Clark 1129 Gast Hickory 817-382-6980 Denton, TX '76201 { f 6! Y GdJa UU :'a {r ~~Luf? ~a~r1 If i. atorical _C~mmissi0n B~tiye_~e,~bQrs~ Pag_~~lYo Gary L. Dickson 903 Hillcrest Denton, TX 76201 817-382-2093 Gertrude Gibson Box 23743 Denton, TX 76204 817-898-3863 Eunice 5. Gray 808 N. Sixth Sanger, TX 76266 817-q68-3196 Mildred Hawk P.O. Box 383 ioga, TX 76271 817-•437-5517 Dr. Mary Evelyn Huey 2801 Longfellow Denton, TX 76201 817-382-8468 Yvonne A. Jenkins P.O. BOX 184 Argyle, TX 76226 817-4(34-7214 John Kimmey 928 W. Hickory Denton, TX 76201 A1/-387-8726 Donna Klauer P.O. Box 60173 Denton, TX 76206-•0173 Ruth Loveless 220 Woodland Denton, TX 76201 817-382-668C Adelene Martin 1812 Westchester Denton, TX 76201 817--382-8839 Mildred Martin 509 Ridlaecrest Denton, TX 76205 817-382-2485 Delores Meador 924 Manhattan Denton, TX 76201 817-,107.330y Juanita Milan, 104 N. Wood Denton, TX 76201 817-387-1308 John Narsutis 2609 Jamestown Denton, TX 762101 811-382 2717 Frank Rimmer, Jr. 1218 Cedar Pine Lane 214-'1.92-1281 Little Elm, TX 75068 Charline Rodgers 1126 Bent Oak Dr. Denton, TX 7620i 817--383•-2906 Olive Step herm Box 362 Lake Dallas, 'I'X 7F1p65 817--497-2202 i t, y t; A~er3rla Ilent___~~ ~??_~_d.. Denton County HietoricaI__C0mmisS-ion Aojvq--Members, page thnee Phoebe Tarver 111 Mill Pond Rd. 817-666-1189 f Denton, TX 76201 H.L. Whitehead P.O. Bo)t 673 817-497-2924 Lake Dallas, TX 76066 Leon Wilson 2230 Whispering Oaks 214-639-8933 Flower Mound, TX 76028 Peggy Wilson 2230 Whispering Oaks 214-639-8933 Flower Mound, TX 76028 ,W/ C ?P.H Q q i~ DENTON COUNTY HISTORICAL MUSEUM, INC, O,tou. 2 ~v? P.O. Box 2600. r~'(p (L~ t' Denton, Texas %6202 j817) 383-8073 orwrow couwrr cou~r~ou/l Wrtr+/N July 13, 1992 M The Honorablo Bob Castleberry Mayor., City of Denton Denton, Texas Dear Mayor Castleberry: In response to Harlan L. Jefferson's letter regarding the City Council Work Session on your proposed 1992-93 Budget, we enclose the Denton County Historical Museum, Inc. approved budget for 1992-93, as requested. The Denton County l'Iist:orica.l Museum Board of Trustees' in their regular meeting of June 22, 1992, approved this budget. This budget consists of seven (7) pages, The first page consisting of line items and pages one (1) through six (6) are comments approved as a part: of the budget, The annual audit for 1990-91 is included. To you, Mayor Cantioberry and Councilmembers Hopkins;, Chew, Brock, Smith, Yer.ry and Miller, we express our appreciation for your support of the Denton County Historical Museum, Should you have any questions, please contact our office. Sincerely, N rrna Lynq Gamble Diroctor CL Cc Letitia deBurgon Chairman, Hoard of Trustees Johnia E)vorott 'rroasuror, Board of Trustees. i' r 1 Y. it • 1 G; !i ~i A;InndaPlU ___zv2-=-0-°2~ Aper0INm__Cvs DENTON COUNTY 1IISTCIRICA1, MU8X0M, I.NC. b to : aZ LINK ITEM BUDGET .1992--93 ~~a ALL ACCOUNTS Budgot Proposal Approved 06/22/1992 INCOME/RXPRNSE INCOME 4.01 LALOR, 11OTEF TAX 50,000.00 5.01 DENTON BENEFIT LEAGUE GRANT 51000.00 5,02 TEXAS HISTORICAL COMMISSION GRANT 11000.00 5.03 ALL OTHER GRANTS 500,00 6.02 DONATIONS 800,00 6.011 COLLEGE WORKSTUDY SALARY REIMBURSEMENT 51,820.00 6,04 INTEREST EARNED NOW ACCT. 500,00 « 6.05 MONRY MARKET ACCT. INTEREST 200.00 6.05A CD INTEREST 325,00 6.06 WORKIiHOP FEES 600.00 6.07 USE[, FEISS 250,00 7.00 NTSAV INT'ERES'T EARNED MEMORIAL ACCT. 50.00 7.OOA ALL MEMORIAL DONATIONS 200.00 8.00 GIFT SHOP REVP%NI1R 5,300.00 TOTAL 70,545.00 EXPENSES 1.01 DIRECTOR'S SALARY 20,864.00 1.02 EDUCATOR'S SALARY (30 IIRS W1+EKF,Y) 14 180.00 1.05 COLLEGE `.rORKST'UDY PROGRAM SALARIES 1.06 COLLEGE WORKSTUDY WITHHOLDINGS 18,150,00 1,06A INCOME TAX WITHHOLDINGS ,15.00 1.068 FICA 1,06C SS 1.061) TEX EMPLOYMENT TAX 1..06E WORKERS COMPENSATION INS. 2,01 MRMBRUSHIP SUBSCRIPTIONS 300,00 2.02 PROFFS)cIONAL TRAINING/TOURISM IPROMOTION 1,,900,00 2.05 AUDIT, IR,i FORMS 1,100,00 3.06 TRUSTRES PROJECTS' 1,250.00 2.08 CONSULTANT PROJECTS + 2,09 INSURANCE 4,500.00 2,10 EXHIBITS 4,000,00 2.11. OFFICE SUPPLIES/l;pUjpMf4NT' 2.000.0 0 2..12 COLLEC'.PION MANAGEMENT 300.00 7.,17.A PRESERVA`T'ION/RESTORAT'Ioil 1,800.00 2.1.3 COMPUTER ACCRSSORIRS 1, 0.00 2.14 TRAVEL MI1;UAGE 45 50.00 2.1.6 CONTINGENCY FUND 50.00 2.1'1 EDUCA'T JON/WORKSFICI'/PRO;IPLT' ; L.0000 .00 1. 18 [)OCENT/VOI:,UNTHYIC .PROGRAM .100' 00 2,19 OPRRAT'1ON MAIN`'RNANCE;/SECURITY 800.00 2.22 [SANK SERVICE CHARGR;; 'CIO' Q0 9.01 GIFT SHOP SUPPLIE" 20.(0 1.,500.00 9.02 GIFT SHOP C'`NSIGNMENTti 1,800,00 9.03 GIFT [illC: SALES 'T'AX 500.00 9,04 TRAN81FRR GENERAL .ACC'(' 1 1 500.00 TOTAL 9XPRNSR'I 10,545.00 4 `i Apwla Mo Ailenda Item. _..GlJS DCNTON COUNTY 111STORICAL MUSEUM 1992-1993 BUDGET PROPOSAL APPROVED JUNE 22, 1992 INCOME The Budget: and Finance Comraitt:oe has mado every effort to take into consideration the objectives of the Board of Trustees for the Denton County Histori.c:al. Museum, Inc., r;omments and r.ocommendations from both the Board Members (independently and through the various Committees) along with input from the Staff, From tracking the budget, for tho last two years, comes the following Budaot. Increasing and lowering of budgeted line items does .not mean that line items can not be incroasod mid year or lowerod or r.aisod the next year.. The Budget should reflect the projected goals of the Museum for the coming year.. in order, for the Board of Trustees to fully understand the changes and choices made by the Budget and Finance Caaimittee, the following explanation of. Line Item by Line Item is presented. 4.01 LALOR FUNDS We are antic ipa.ing an upturn in Tourism in Denton and tho Musoum will be very active in helping bring these visitors to our city and county. 5.01 DENTON B mrr LRAGUR GRANT The Museum has several needs to be presentod to the Benefit League Lhat will. help in preserving the history of Dont:on County, 5.02 TEXAS 111STORTCA1, COMMISSION GRANT' This is a grant we anticipate rocstoring to the Musoum through aggressive documontat.lon of nood. 5,03 OTHRR GRAN` S) We have recr-ultod a momber of the Budgot, and F'i.nanco Comm.it'.t:oe to search out and apply for grants; available to musoums such as ours. 6.02 DONATIONS Wo have recently i1pot.iightod tho donations container it) the museum and donation,; have improved since dosing so. _1- F r: 1 '5y 6.03 COLLEGE WORK STUDY PROGRAM SALARY REIMBURSEMENT This enabloB the museum to employ very bright students and create a part time labor force that bonefi.t.s the museum and the students, 6.04 INTEREST EARNED NOW BANK ACCOUNT Interest states have continued to fall in t:ho pass: year and we see no improvement in the immodi.ate future. , 6.05 INTEREST MONEY MARKET ACCOUNT Interest from the C. 1). has been funnelod into this account and we felt it would reflect more properly in a separate lino item. (Boo newly created line item 6.05A) 6.05A INTEREST C. 1). As stated above, a sopar.,te lino itom has beer) created. The C. D. has a set, raise of int:orost rather than a fluctuating rate as in the NOW Account and the Money Market: Account. 6.06 WORKSI40P FEES So far this fiscal yoar,uo workshops have produced inc omo but some are p.lanned for tho Bummor and fal.l.. We hope to see a more aggrossivo approach in the next fiscal year. 6.07 USER PEES This .i.ncomo der.ivos from services ofierod for reproductions, , encapsulation and othor sorvicos as roquostod. 7.00 INTEREST NORTH TEXAS SAVINGS MEMORIAL ACCOUNT Intor.ost: is negligible but if fund grows so does intoreBt. 7.OOA ALL MEMORIAL DONATION, FUND (7.011 This itom will allow tracking of dos:ignated memorial monies. Wo hopu to inform tho public in a dignified manner that a donation to the Muroran 1st an oxeol.lent: w~iy to honor their family and fr.ionds. One donation honored the Mother of Stage Roprosentative Jim Ilor'n by purchasing a video, "Pioueor Women :in Toxas", anoLhor donation honor.od Vivian Cross, Mother of Patsy PatLerson, Kayo Copolilnd and Carol Ivoy. r r r ~ nnO No. IM9 0 are /c 8.00 F'1' SHOP REVENUE The gift: shop is being redecorated and will have a new approach to merchandising. You will note that this item and the expense line items are unified into the budget as income and expense. This is to give a true reflection of income and expense, 4 EXPENSES 1,01 DIRECTOR'S SALARY ro, The new Director was hired at less salary than the former Director. This salary reflects the sane salary an that of the former Director, This arnount is the base salary authorized by the Board of Trustees. 1.02 EDUCATOR'S SALARY This salary reflects a thirty (30) hour working week, The Budget and Finance Committee felt no increase was merited at this time. The County has not completed their Budget and we do not know if they will give cost of living raises, 1,05 COLLEGE WORK STUDY PROGRAM SALARIES This is utilizing four work study students for twelve (12) months. Our cost is so minimal, we feel it in a vey good return on our money. We are rei.mburued 708 of the money we spend, if it should be reduced to 658 it: would still DO a bargain, 1.06 COLLEGE WORK STUDY PROGRAM SALARY WITHHOLDING This is a total of line items. 1.06A, 1.0613, 1.060, 1.060, 1.061), and 1,061., This was a required breakdown by tho Auditor and highor authority. Tlro Computer programing ran not-. be completely changed this year. To do so this year would entail going hack to October: of 1991. There line items will be instituted in the computer for 1992.-93, 2.01 1,18M1313RSHIP SUBSCIMITrONS It. should be re i toratod that no momber.ship will bo in the name of any individual. and all. publications will come to the 1411scnnn office for anyone to ;;oe or study. C F- 2.02 PROFESSIONAL TRAINING/TOURISM PROMOTION The Budget: and Finance Committoe has voted that in their opinion, funds for training of Staff be .litni.ted to paying for recgis;tration fees. We recommend that. Staff go to as many as they feel will. benefit their particular field within time constraints allowed by scheduling from the Director. A Their salary will continue and no compenssazory tinso charged against their absence. We feel attending would be to their parsonal and business advantage. It Is highly recommended that every member of the Board of Trustees attend as many of ~ these sossions as possible. Registration foes should be paid for Trustees, There will be several. Museum sessions in the near vicinity and we are rocommending that groups of Trustees be organized to attend. The mutual learning experience and knowledge acquired would r.evit.alizo the Trustees with new ideas and energy for cohori.ve goals for the future of the Museum. 2.05 AUDIT, IRS FORMS The si.impli.fied bookkeeping policies will perhaps brines this cost: clown in the next year. With the hands on approach of the Budget and Finance Committee, a proper control of funds will he `,ai.nt:ained and a halanco kept at, all. times. 3,06 TRU'STEES' PROJRCTS The amount in thi., line item has, been increased with the ant:ic.i.pation of more Trus too fic2:td etudi.ea. Another suggested project is Ccruntywido programs; i,nst.itut.ed to introduce special kxhihit.s to i.ncr.oase publicity, fund raining, recr.u.i.tmont, good fellowship and area-wide support: of the Musomn. 2.08 C0NSUI,111ANT PROJECTS This amount has been inc:r.oaFed with the hopo of hiring an experienced exhi.bi1, consiultant: t,o assist in sipcsci.al. promotior.p countywide as d.i.scu med in "Trustee Pro jocts" . 2. 09 INSURANCP. This is not anticipat.od to change; from present: year. A.- C . is I ` r Agc~idaN0.. o2-c~c~ A4Iemua !!mn__ _ - 2.10 RXFIIBITS This fund did riot change since we felt there are ads;quate wat:erials to present the special Exhibit af.CAi.rs mentioned. 2.11 ONkICY SUPPLIES AND EQUIPMENT This fund remains adequate since the present Di.roctor has instituted using the Co.inty disrcount allowed for supplies; ° not rivailatle from the Country, 2.12 COLLECTION MANAGEMENT This fund has seemed adequate for this fise-:1 year so no ctrar£ue was made. 2.1.2A PRESERVATION/CorISERVATION This fund was created by the Board of Trllfit.eei.j this fiscal year. 2.13 COMPUTER ACCESSORIES This fund was reduced for Lhe coming fiscal year. 2.14 TRAVEL MILEAGE This fund was riot increased. 2.1-6 CONTINGENCY FUND This fund was not i.ncreasod. 2,17 IDIK)A't'ION/WORKSIIOP5/PROJIs'CTfI This fund was reduced sinre only 1/2 of Lhi.ss fiscal budget amount: has been :spent to (late. The request by Education Committoo for next fiscal. yoar included several itosiis already budgeted In othor line itoms. 2.18 DOOIMT/VOLIJNTI{ER PROGRAM This item was incroasevi in ordor. to recogni. o voluntoer£) and to do ssomo innovative projects to recruit., train and utilize a dodicated voluntoor farce. 2.19 OPIOIRATION MAIiI'i'I;NANC:F.t/:il{(J(Jltl'l'Y This item was not. Inervarod. 5- 5 r J i It y 2.22 BANK SERVICE CHARGES There was a charge of $t0.00 in tho fall of 1.99t, r 9.01 GIFT SHOP SUPPIIES Thi^ fund was not increased, d' 9.02 GIFT SHOP CONSIGNMENTS This fund was riot increased. 9.03 GIFT SHf3P SALES TAX This fund has been increased since to date this year's budgeted amount is nearly doplet:ed. 9,04 GIFT SHOP TRANSFER TO GENERAL ACCOUNT This fund was not increased. -6 c i? Agenda vE-ivrva Ce)UNI-y F X-9TO1?XC-AL MUSC-U", z-iva_ l/ EX ECl1T I YEOMM I TTEE;_ Term_ Phone;.. 1. Chairman: Letitia deBurgos '94 817-497-3523 47 Kinn'swood Est. Lake Dallas, TX 75065 2. V. Chrm: Robert Caldwell 193 817-382-8954 2609 Jamestown Denton, TX 76201 3. Secretary: Liz Ba-ys 95 817-566-1123 1305 Tulare Denton, TX 76201 4. 'Treasurer: Johnia Everett '94 817°497-2965 203 Shady Shores Rd. Denton, TX 76205 5. Past Chmn: Clota G. Vaugharj 196 817-565-9178 2160 Savannah Trail Denton, TX 76205 07HER. TRIISTEE5:_ 6. Alice Alexander 711 Jackson 193 817-387-7396 Denton, TX 76201 7, Dr. Louise Alton PO Box 1913 '94 817-387••8934 Denton, TX 76202 8. Betty Bailey 2010 N. Locust '94 817-382-9040 Denton, TX 76201 9. Maxine Crawford 2218 Southridge '93 817-•383-4239 Denton, TX. 76206 10, Ivan Glasscock 2016 Hollyhill 195 el7-387-5498 Denton, TX 76205 11. Eunice Gl-ay 808 N. Sixth St. 193 817-450-3195 Sanger, TX -3266 12. Barbara Hall Harpools '94 817-•387--0541 420 E. McKinney St, Denton, TX 76201 13. Fred Hill 2129 Woodbrook 195 817-38'•6028 Denton, TX 76201 V(irj NI R' k0fitia NO, BOT, page two 6-1-92 14. Bonita Howell 620 W. University '94 817-566-2288 Denton, TX 76201 15, Vivian Johnson 328 Ruth St. '93 817-387-0802 Denton, TX 76201 16. Nancy King 1321 Country Club Rd. '95 817-382-2948 Argyle, TX 76226 17. Adelene Martin 1812 Westchester 195 817-382-8839 Denton, TX 76201 18. Bob Martin 116 Austin St. '93 817-382-5623 Denton, TX 76201 19, MarV4llrene Matthews Rt. 1-#300 Lake Dr. '95 817-497-3538 Lake Dallas, TX 75065 20. Perrijo Midgett 6 Choctaw Ridge 196 817-458-0277 Sanger, TX 76266 21, Oreta H. Miller Rt. 1-Box 353 '93 817•-726-3627 Sanger, TX 76266 22. Nedra Mitchell Rt. 1-Box 411 '94 817-382-6653 (H) Denton, TX 76205 666-0603 (0) 23. Nanny Roberts 1611 Paisley '93 817-387-6619 Denton, TX 76201 EX-OFFICIO; Leon Callihan 325 Easy St. 214-292-1617 Little Elm, TX 75068 ADYIS~ . ROARD OF TRUSTEES: JoAnn Ballantine PO Drwr P 817-382-7895 (Denton Convention Denton, TX 76202 & visitors Bureau) Benton Benef4t I_ea,ryue BOT, nave three Herbert Ho11 207 S. Bell Ave. 817-382-2787 \ (QDAC) Denton, TX 76201 i c 1 r. r n.>.ca,i ?1 74 E1 !l s( SOT, page 3 Evelyn Vestal 900 Sandpiper 817-387-0325 (NSDAR, B. Lyon) Denton, TX 76205 Virginia Hodge 2903 Wilsonwood 817-387-4724 (NSDAR, JS Denton) Denton, TX 76201 Gaynelle Neale 2106 Southridge 817-383-2106 (DRT) Denton, TX 76205 H.L. Whitehead PO Box 673 817-497-2924 ' (SRT) Lake Dallas, TX 75065 (The Arts Guild) _ ;,-0 ADVI&QF2~B0±f?D.OfiIIST~EB_ATRQE_ Dr. Dean Anthony 1906 Burning Tree 817-383•-3786 Denton, TX 76201 Vertalee Coleman Box 156A Marshall Creek Rd. 817-491-3842 Roanoke, TX 76262 Donna Fielder Box 369 817-387-3811 Denton Record Chronis.le Denton, TX 76202 Weldon Goin 202 Main St. 817-365-2976 Aubrey, TX 76227 John MCGrane 03 Timbergreen Cir. 817-382-4577 Denton, TX 76201 Gerald Mitchell Rt 1 - Box 411 817-382-6553 Denton, TX 76205 Mslbagene Ryan 1101 Ryan Road 817-382-2266 Denton, TX 76201 UJ Agonda No. 1% Agenda Itom._S__ A DENTON COUNTY HISTORICAL MUSEUM Financial Statements SRptember 30, 1991 s r. y AJlenda Ilom._~S !~a RAI] Table of Contents Pd4e Accountants' Opinion . . , , . . . . • . . . . . , , , , " 1-2 Combined Balance Sheet , , , , , , , , , , , , , , , , , , 3 Statement of Revenues, Expenditures and Changes in Fund Balance , , , , , , , , , , , , , , , , , , , , , q Statement of Sources and Uses of Cash , , , , , , , , , , , , , , , , 5 Notes to Financial Statements , , , , , , , , , , , , , , , , , , , 6-8 Statement of Changk,s in Genfaral Fixed Assets , , , , , . , , g Combining Statement of Revenues, Expenditures and Changes in Fund Balances , , , , , , , , , , , , , , , , , , , , , 10-11 Combined Statement of Revenues and Expenditures Budget and Actual . . . . . . . . . . . . . . . . . . . . . . . . 12 A 0 i MEMBERS MEMBERI TEXAS SOCIETY OF AMFAICAN INSTITUTE OF (,E RT,FI E D ,"V8UC ACCOUNTANTS CERTIFIED FVBU C ACCOUNTANTS HANKINS, POWERS; EASTJP, DEATON & TONN A Profevmonel corporation Q a2 / CERTIFIED PUBLIC ACCOUNTANTS {lnnda `Jo.. t 902 NORTH LOCUST • P.O. BOX 977 Jlflen[la Ihim- ga),S DENTON, TEXAS 76202-0977 p 917.367.8563 11,1!rf _,T.'~~~ 9z-=___ ACCOUNTANTS' OPINION ° Board of Directors ,Ile Denton County Historical Museum P. 0, Box 2184 Denton, TX 76202 We have examined the balance sheet of the Denton County Historical Museum as of September 30, 1991, and the related statement of revenues, expenditures and changes in fund balances, and of sources and uses of cash for the year ended September 30, 1991. These financial statements are the responsibility of the Museum's management. Our responsibility is to express an opinion on these financial statements based on our audit, We conducted our audit 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 amounts 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 statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of the Denton County Historical Museum as of September 30, 1991, and the results of its operations and its cash flows for the year then ended in conformity with generally accepted accounting principles. Our audit was made for the purpose of forming an opinion on the basic financial statements taken as a whole. the statement of changes in general fixed assets, combining statement of revenues, expenditures and changes in fund balances, and combined statement of revenues and expenditures budget and actual on pages 9 through 12 are presented for the purpose of additional <nalysis and is not a required part of the basic financial statements. Such ~t r r Agenda Ito m.._._ Board of Directors Dato W!f 'e~L_?' Denton County Historical Museum Page 2 information has been subjected to the auditing procedures applied in the audit of the basic financial statements and, in our opinion, is fairly stated in all material respects in relation to the basic financial statements taken as a whole. Hankins, fowers, Eastdp, Deaton & Tonn A Professional Corporation Certified Public Accountants ` February 18, 1992 '!1j V I, ~i j fY ,i DENTON COUNTY HISTORICAL MUSEUM Agendo Itam_-[as± COMBINED BALANCE SHEET SEPTEMBER 30, 1991 V General General Fixed Fund Assets Total ASSETS 32 Cash on Hand Gift Shop ; 20,1136 6 Cash - Museum Account 20,113236 $ 474 q7 Cash - Director's Account 8,474 8,841 Cash - Lalor fund 7,384 7,384 4 Cash - Money Market 7,257 1,257 Cash - Memorial Fund 6,000 1,000 Certificate of Deposit 7,342 1,342 Prepaid Insurance Fixed Assets (Note 4) $ 20 ;g 20,158 Office Furniture & Equipment ,J,90 19,99I Other Equipment - - Total Assets $ 41 4(,14 9 $ 86,315 LIABILITIES Payroll Taxes Payable $ 11 231 231 Sales Taxes Payable Total Liabilities - 29! 29/ FUND EQUITY $ 40,149 S 40,149 Investment in General Fixed Assets Fund Balances'. Unappropriated 45,869 45,869 Total Fund Equity 45,86 y _ 40,149 86,018 Total Liabilities & Fund Equity 46216 6 40114 86,31 See Accompanying Notes to Financial Statements. -3- ti 4 ~a r DEYTON COUNTY HISTORICAL MUSEUM Apondallcnl~J~ a,T•-___ STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND FOR THE YEAR ENDED SEPTEMBER 30, 1991 REVENUES Hotel Occupancy Tax (Note 3) $ 52,406 Grants 4,OOO Work Study 3,140 Donations 1,461 Gift Shop 4,661 Interest 1,756 Workshop Fees 545 User Fees 429 Miscellaneous _ 2,083 Total Revenues 70,481 EXPENDITURES Director's Salary S 20,158 Educator's Salary 13,326 Work Study Salaries 4,249 Payroll Taxes 259 Membership/Subscriptions 203 Professional Training 699 Gift Shop Supplies 935 Computer Accessories 441 Legal and Accounting 11000 Trustees' Project 38 Education Supplies 19191 Insurance 31381 Exhibit Supplies 1,660 Office Supplies 251 Collection Management 1,096 Travel 447 Grant Participation 4,629 Memorial Participation 375 Docent/Volunteer Program 199 Security and Maintenance 219 Director's Account 120 Gift Shop Consignments 1,645 Total Expenditures 56,521 Excess Revenues Over Expenditures 130960 Fund Balance, September 30, 1990 - 31,909 Fund Balance, September 30, 1991 45,869 See Accompanying Notes to Financial Statements. -4- S1 DENTON COUNTY HISTORICAL MUSEUM Agenda 11em_GU~a STATEMENT OF SOURCES AND USES OF CASH Ralu FOR THE YEAR ENDED SEPTEMBER 30, 1991 Id O Sources of Cash: Hotel Occupancy Tax $ 52,406 Grants 4,000 Workstudy 3,140 Donations 11461 4 Gift Shop 41661 Interest Income 1,156 Sales Tax Payable 90 Payroll Tax Payable 434 Other Sources 3.057 Total Sources of Cash 71.005 Uses of Cash: Salaries $ 37,733 Professional Training 699 Collection Management 1,096 Insurance 3,381 Grant Participation 4,629 Legal and Accounting 11000 Prepaid Insurance 436 Education Supplies 1,191 Gift Shop Consignment/Supplies 21580 Exhibit Supplies 1,660 Other Uses 2,552 Total Uses of Cash 56.957 Increase in Cash 14,048 Cash, September 30, 1990 30,776 Cash, September 30, 1991 11j"8 2.4 See Accompanying Notes to Financial Statements, -5- i; I, DENTON COUNTY HISTORICAL MUSEUM NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30, 1991 1017-1 Note I - Significant Accounting Policies The accounts o` the Denton County Historical Museum are organized on the basis of funds and account groups, each of which is considered a separate accounting w entity. The operations of each fund are accounted for with a separate set of self-balancing accounts that compose its assets, liabilities, fund equity, revenues and expenditures. In the financial statements in this report, the various funds are grouped into the following fund types and categories: f General Fund - The General Fund is the general operating fund of the Museum. It is used to account for all financial resources except those required to be accounted for in another fund. Fixed Assets - Fixed assets used in fund type operations (general fixed assets) are accounted for in the General Fixed Assets Account Group. No depreciation has been provided on general fixed assets. All fixed assets are valued at historical cost or estimated historical cost if actual historical cost is not available. Donated fixed assets are valued at their estimated fair value on the date donated (see Note 4). Basis of Accounting - Basis of accounting refers to "when" revenues and expenditures are recognized in the accounts and reported in the financial statements. Basis of accounting relates to the "timing" of the measurements made, regardless of the measurement focus applied. All governmental funds are accounted for using the modified accrual basis of accounting. Their revenues are recognized when they become measurable and available as net current assets. Under the modified accrual basis of accounting, expenditures are generally recognized when the related fund liability is incurred. Exceptions to this general rule include principal and interest on general long-term debt which is recognized when due. Note_ 2 - Legally Incorporated Entity The Denton County Historical Museum was founded on May 6, 1977. The Museum was legally incorporated in the State of Texas on April 19, 1979. Exemption status under Section 501(c)(3) was obtained on March 27, 1980. -6- DENTON COUNTY HISTORICAL MUSEUM ,;nrla ucm_ s NOTES TO FINANCIAL STATEMENTS (CONTINUED) Maki / SEPTE'1BER 30, 1991 75 /4 y Note 3 - Hotel/Motel_ occupancy Tax Revenue Hotel/motel roam occupancy tax is collected by the City of Denton, The City of Denton allocates a portion of the total hotel/motel revenue to the Denton County q Historical Museum. The total received by the Denton County Historical Museum for the year are as follows: Quarter ended December 31, 1990 $ 14,645,39 Quarter ended March 31, 1991 11,077.82 V Quarter ended June 30, 1991 12,030.81 Quarter ended September 30, 1991 14,651.52 54 S 52,405.5 Note 4 - General Fixed A sets The Museum received a grant from the Denton Benefit League in the amount of $3,500 that included the purchases of a computer, keyboard, monitor, printer and $689 completing workstation. AnwThe purchased pufor a rchase total pricb of of $689, wasl allocated asnton Benefit League grant for 89-90. follows; Denton Benefit League $ 529 Taylor Hawk Memorial -160,- $ 689 Fixed Assets from Donations Prior to SeQtember 3 1990 Denton Benefit League $ 11,478 Denton Sesquicentennial 10019 Denton County Historical 9,097 Commission and Foundation 280 Texas Historical Commission 3.435 IBM . ota1 2, 6 3009, Over the life of the Museum, other organizations have donated various furniture and equipment without submitting a market value. The Museum, as the donee, is unable to objectively value a gift and therefore, has not placed a value on these items. The majority of furniture and equipment, however, is recorded in the above list. -7- ( pp ~c ~j } is OCNTON COUNTY HISTORICAL MUSEUM Ago nd -a Rom NOTES TO FINANCIAL STATEMENTS (CONTINUED) Wtn SEPTEMBER 30, 1991 76 O / Q 5~ Note 5 - collections In conformity with the practice followed by many museums, donated collections are not included in the balance sheet, It is impracticable to value these gifts, therefore, they are not capitalized. The newly-acquired items are cataloged in a register of accessions, but no value is placed on these items. 9 n l -8- ~ y r, !i i i ~f ENTD ON GC: JY HISTORICAL MUSEUM Agenda Ilem._ r,? STATEMENT OF CHANGES IN GENERAL FIXED ASSETS pi1,3 _ _7_ y~ FOR THE YEAR ENDED SEPTEMBER 30, 1991 ✓ y Balance Balance 9/30/90 Additions Retirements 9/30/91 General Fixed Assets: Office Equipment $ 15,449 $ 41709 $ 20,i58 Other Equipment 19,991 _ 19.991 0 Total 35,440 $ 4,709 40,149 Investment in General Fixed Assets Provided from: General Fund $ 91131 $ 9,131 Donations (Note 4) 26.309 4,709 31,018 Total 35,440 $ 4,709 4$ 0,149 See Accompanying Notes to Financial Statements. -9- < . DENTON COUNTY HISTORICAL MUSEU Apendallmn__ WS=2---••- 2 1__9_ ion q COMBINING STATEMENT OF REVENUES, EXPENDITURES 1~3~0 ATHE CHANGES R E_ NDE~ SE?TEM8ER 30 1991 f~ FOR Museum Director's Lalor Account Am u t ___E0 d--- Revenues: 5 52,406 Hotel Occupancy Tax $ 41000 Grants 3,140 Workstudy 1,016 Donations 41661 Gift Shop 901 Interest 545 Workshop Fees 429 User Fees 2.083 Miscellanejus - 52 40 16.781 Total Revenues Expenditures: $ 20,158 Director's Salary 13,326 Educator's Salary 5 21069 21180 Workstudy Salaries 5 254 Payroll Taxes 168. 35 Membership/Subscriptions 72. 627 Professional Training 935 Gift shop Supplies 372 69 Computer Accessories 1,000 Legal and Accounting 38 Trustees Projects 740 451 Education Supplies 31381 Insurance 86 1,514 Exhibit Supplies 166 $ 22 63 Office Supplies 783 313 Collection Management 125 322 Travel 4,629 Grant Participation 375 Memorial Participation 112 Docent/Volunteer Program 87 71 149 Security and Maintenance 114 6 Director's Account 1,645 - Gift Shop Consignment 12.419 22 _•44,02 Total Expenditure Excess (Deficit) Revenues 4,302 (22) 81386 over Expenditures (31208) 277 1,731 Transfers - Net 19 i 9 - - °r 0_ - - - Fund Balance, September 30, 1990 1543 Fund Balance, September 30, 1991 $ 20,63Y b 474 L.10 61.1.7 C See Accompanying Notes to Financial Statements. t 1 R Ehlu ---~'4~•- Money Memorial Certificate Market Fund of De op sit Total - $ 52,406 4,000 3,140 $ 50 $ 395 10461 4,661 345 61 443 19545 429 2,083 395 456 443 70,481 $ 20,158 13,326 4,249 259 203 699 935 441 1,000 38 1,191 3,381 1,660 251 1,096 447 4,629 375 199 219 120 1,645 56,521 395 456 443 13,960 1,643 (443) 5134b 801 -1-000 31,909 7,3L4 5 1,2 51 s x,000 Ljj"8 6.9 4 -11- 1 ii DENTON COUNTY HISTORICAL MUSEUM COMBINED STATEMENT OF REVENUES AND E',PE01TURES BUDGET AND ACTUAL FOR THE YEAR ENDED SEPTEMBER 30, 1991 Variance Favorable Budget Actual (Unfavorable Revenues: Hotel Occupancy Tax $ 44,000.00 S 52,405.54 $ 8,405.54 Grants 79000.00 1„ 000.00 (3,000,00) Workstudy 31970.00 31139.88 (830.12) o Donation 495.62 11461.25 965.63 Gift Shop 4,300.00 41660.81 30.81 Interest 1,100.00 1,755.90 655.90 Workshop Fees 500.00 545.00 45.00 User fees 100.00 429.10 329.10 Miscellaneous 2,083.35 2,083.35 Total Revenues 61,46 b2, 5 70,480,83 . 9,015.21 Expenditures: Director's Salary $ 20,256.82 S 20,158.34 $ 98.48 Educator's Salary 13,556.40 13,325.77 230.63 Workstudy Salaries 51600.00 4,248.80 1,351.20 Payroll Taxes 1,002,40 258.69 743.71 Membership/Subscriptions 300.00 202.50 :7.50 Professional Training 1,700,00 699,40 11000.60 Gift Shop Supplies 11000.00 935.38 64.62 Computer Accessories 500.00 441.34 55.66 Legal and Accounting 900.00 11000.00 (100.00) Trustees' Projects 200.00 37.50 162.50 Education Supplies 19000.00 1,191.13 (191.13) Consultants 1,000.00 1,000.00 Insurance 3,100.00 3,380.79 (280,79) Exhibit Supplies 21000.00 11660.26 339.74 Office Supplies 300,00 250.81 49.19 Collection Management 2,5500.000 10096.19 153.81 Contingency Travol 900.00 446.80 453.20 Grant Participation 41629.00 (4,6Y9.00 Memorial Participation 375.00 (375.00 Docent/Volunteer Program 200.00 199.30 170 Security and Maintenance 11000.00 219.47 1,2780.53 00.00 Reserve, Savings 11200.00 Director's Account 200.00 120.17 79.83 Gift Shop Consignments 1,800.00 _ 1,644.79 155.21 Total Expenditures 61,465.62 5652,1.43 S 46944.19 See Accompanying Notes to Financial Statements, A-12- e Arjer,da GREATER DFNTON ARTS COUNCIL OPERATING BUDGET 1992 - 1993 I. EARNED INCOMR BUDGE"P 92-93 A, SALES P 1. Concessions/Drinks 1,300 2. Sales Art/Related Sales 500 3. misc. Merchandine 100 B. RENTAL 1. Center for the Visual Arts 26,000 2. Miscellaneous 0 C. ADMISSION/FeES 1. Admissions Income [performing arts/exh.) 0 2. Tuition (workshops/clasegs) 500 3. Service Fees 200 4. Materials: Hard & Soft 93 6,000 5. CARA 2,000 6. On My Own Time 1,300 7. Bun Tours 4,000 D. FI)MRA'ISING INCOME 1. Denton Arts Festival Concession 3,500 2. Special Events 2,000 EARNED INCOME TOTAL 47,400 C GDAC 1992-93 Ihidact city Council PreserrnCicn Agge I oC i v. ~V `.i n Agenda Ihutt DA(I I I , UNr..ARNED INCOME 59,000 A. HOTEL/MOTEL REVENUE B. GOVIlV GRANTS/MONIES 20,000 2. LocTCAal 5,048 0 3. Other. C. ORGANIZATIONAL GRANTS 25,000 ^ 1' TAG 1,000 2. Other u. FOUNDATIONS 6,500 F. CORPORATE DONATIONDISPONSORSHIPS 3,000 F. INDIVIDUAL GIFTS 400 G. W-2GERSHIP 1. Individual 14,000 3,500 2, organizational 13,000 3, Business 1,000 H. INTEREST INCOME 0 I. RF.FIINDS/REIMBURSEMENTS 3. MISCE:LLANVOIJS 0 K. ORGANIZATIONAL FUNDS 3,927 155,375 UNEARNED INCOME '1`0'CAL ''O'S'Al, INCOME'. 202„775 GDAc 1992 93 Bucker City ceuncil Presentation Petye of 7 1. ADMINISTRATIVE EXPENSE P A. PERSONNEL 1. Salary (full time) 76,300 2. Salary (part time) 6,000 3. FICA 6,487 4. Medical Insurance 8'328 5. Retirement 2,500 6. Worker's Comp 800 s 7. Mileage reimbursement 1,000 8. Exec. Director's expense 500 9. Training/Career Development 300 B. CONTRACT LABOR 1,200 C. VOLUNTEERS 1. Docent Program 300 2. Board/Volunteers 300 D. CONFERFNCR/TRAVEL 1,200 ADMINISTRATIVE XXK)I:NSE TOTAL 105,21i (Projected Lalor revenue is designated for use in this category, specifically for salary expenditures.) e C GD11C 1992-93 Budget -.t} council Presentation Agee 3 of 7 r. r AoWa No. Alp,m a Ilom~~ a _ [blo /47 pi,-~ 141 P 11, OPERATING EXPENSE A. OPF'ICE SUPPLIES 1,800 B. RETAII, 1. Beverages 1,000 2. Merchandise 0 2,600 ' C. 'PFI,EPI{ONE D. COPIER SUPPLIES/SERVICF. 600 E. POSTAGE 1,200 F. BOOKS, SUBSCRIPTIONS 400 G. PROFESSIONAL MP24BERSIIIPS 500 14, OFFICE EQUIPMENT 300 1. COMPUTER EXPENSE' 400 J. INSURANCE 8,000 K, AUDIT ' 7.,50T 0 f,. CFIECKING/BANK CUARGES 50 0 M. MISC. OPERATING FXpRNSE TOTAL 19,350 1 G1?AC 1992-93 Badgo City Council present-ation page 4 of 7 1 r III. FACILITIES EXPETISE A. VICTORIAN COTTAGE i 1. Maintenance 800 2. Furniture/Fixtures 300 H. CENTER FOR THE VISUAL ART'S 1. Building Repair/Maintenance 1,000 2. Janitorial/Building fupplies 3. Machinery/equipment 1,•00 4. Furnishings/Fixtures 500 5. Rental Security 500 6• Deposit refund 2,000 7,00() C. ARTS COMPLEX 0 D. GROUNDS AND PROPERTY 1. Exterminator 560 2. Groundskeeping 3,800 3. Building Security 600 4. Instruments 150 5. Miac. 250 FACILITIES EXPFPi1SP, TYYTAL 18,610 e GDAC 1992-93 Btj(j, L' City ccancil Presentation Page S of _ F- a, . A~jonda h#o. D.2 ~ At gsntla Ilnrn~t_° 5 p? ~2~ PAO IV. PROGRAMS/SFRVICES EXPFNsl,, A. MEADOWS GALLERY 1. Meadows Exhibitions 6,500 2 Permanent Collection 200 3. Materials Hard & Soft 92 6,700 4. Materials Hard & Soft 93 1,700 5. Exhihit:ion Supplies 150 s B. INFORMATIONAL 1. Newsletter 1,300 2., Informational Publications 0 C. EDUCATIONAL 1. Workshops/Clasaee 200 2. AIF, Program 9,800 3. Other Educational Programs 0 D. COMMUNITY PROGRAMMING, 1. Porfo*minq Arts Events 0 2. Festival of carols 1,500 3. On My Own Time 2,200 4. Bus Tours 2,900 F.. ADVOCACY AND RECOGNITION I. CARA 2,000 2. Advocacy 300 F. GRANTS PROGRAM 20,000 G. MEMBFRS11IP ' 1. Membership drive 2,000 Misc. Membership 150 11. FUNDRAISING 1sXPF31SE 2,000 PROGRAMS/SERVICES EXPFNSF 'T'OTAL 59,600 TOTAL EXPF.NSFS 202,775 t GDAC 1992-93 fiudget City Council Presentcjtion P49e C of 7 4 T t,/ Agee ida ltcn~ ~J_i~`~2 SUMMARY Income Earned 97,900 Income Unearned 155,375 Income 'total 202,775 Expense Administrative 105,215 Expense Operating 19,350 Expense Facilities 18,610 E.lcpense Programs 59,600 Expense Totals 202,775 c GDAC 1991-93 budget City Council Presentation Page 7 of 7 t\ 'Y. s Aga, da ilen~.~ ~?AJd~_ w GREATER DENTON ARTS COUNCIL , FINANCIAL STATEMENTS AND INDEPENDENT AUDITORS' REPOR"i JUNE 30, 1991 C 1 P31H xy/v TABLE OF CONTENTS Basic Financial Statements Independent Auditors' Report . . . . . . . . . . . . . . . . . . . I Statement of Assets, Liabilities and Fund Balances (Cash Basis) . . . . . . . . . . . . . . . . . 2 Statement of Receipts, Disbursements and Changes in Fund Balances (Cash Basis) . . . . . . . . . . . 3-4 Notes to Fin,r:ial Statements . . . . . . . . . . . . . . . . . . . 5-7 Supplementary Information Independent Auditors' Report on Supplementary Information . . . . . . . . . . . . . . . . . . g Statement of Receipts and Disbursements; The Arts Guild . . . . . 10 A MEMBERS MEMBERS TEXAS SOCIETY OF AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS CERTIFIED "UC ACCOUNTANTS HANKINS, POWERS, EASTUP, l7EATON & TONN A Pro}esslaul Corpal'atlon Ajnda `n. 9~_-46,~ CERTIFIED PUBLIC ACCOUNTANTS 902 NORTH LOCUST • P.O. BOX 971 AIII,mlo ItemA DENTON, TEXAS 76202.0977 _ 6173676563 Rim INDEPENDENT AUDITORS' REPORT 4 Board of Directors Greater Denton Arts Council Denton, Texas We have audited the accompanying statement of assets, liabilities and fund balances (cash basis) of the Greater Denton Arts Council (a nonprofit organization) as of June 30, 1991, and the related statement of receipts, disbursements and changes in fund balances (cash basis) for the year then ended. These financial statements are the responsibility of the Council's management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit 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 amounts 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 statement presentation. We believe that our audit provides a reasonable basis for our opinion. As described in Note 1, the Council prepares its financial statements on the basis of cash receipts and disbursements. This basis is a comprehensive basis of accounting other than generally accepted accounting principles, In our opinion, the financial statements referred to above present fairly, in all material respects, the assets, liabilities and fund balances of the Greater Denton Arts Council as of June 30, 1991, and its receipts, disbursements, and the changes in its fund balances for the year, then ended, on the basis of accounting described ~ In Note 1, tq E f /u otucl4 Hankins, Powers, Eastup, Deaton & Tonn A Professional Corporation Certified Public Accountants September 30, 1991 \ { - E GREATER 0WON ARTS COUNCIL STATEMENT OF ASSETS, LIABILITIES AND FUND BALANCES n{J°nJaNo..__p (CASH BASIS) JUNE 30, 1991 Fixed General Building Assets Fund Fund Fund TOTAL ASSETS Cash in banks - GOAC S 6,384 $ 61384 + Investments (Note 2) - GDAC 44,251 $361,303 405,554 Investments (Note 2) - TAG 34,672 34,672 Fixed Assets (Note 3) $1,355,798 1,355,''98 TOTAL ASSETS $ 850307 $361,303 $1,355,798 $10802,408 LIABILITIES AND FUND BALANCES Payroll tax liability (Note 4) $ 11010 $ 1,010 Fund Balances _ 84,297 $361,303 $1,355,798 _10801,398 TOTAL LIABILITIES AND FUND BALANCES $_151307 $361,303 $1,355,798 $1,802,408 The accompanying notes are an integral part of this statement. c" 2 GREATER DENiUti af, 5 i UUNCIL STATEMENT C7 RECEIPTS, DISBURSEMENTS AND CHANGES IN FUND BALANCES (CASH BASIS) Allend,j11c+n FOR THE YEAR ENDED JUNE 30, 1991 I~1iC-_d?/--- pa Fixed General Building Assets f Fund Fund Fund TOTAL Receipts: -TOTAL support - dues $ 260105 $ 26,105 Other contributions 12,887 $ 1,860 14,747 Hotel/Motel tax 56,126 58,726 Grants 21,893 121,893 Rental of facilities 17,156 179156 Program receipts 120006 12,006 Fundraising 37,591 37,591 Commission on sale of art 510 510 Interest on investments 5,044 25,149 Other receipts 6,000 30,193 --fTf 0-6 5-3 Total Receipts 5,9 8 785,5 _0- - 6,600 Disbursements: Grants 17,043 I;tO43 Program expense 23,253 Fundraising 4,168 4 2+168 Salaries and contract labor 77,507 4,168 Payroll tax 5,599 77$07 Medical insurance 8,057 5'599 Travel and expense account 10819 8,057 Membership and newsletter 1,819 Insurance 41192 4,192 5 Janitorial expense 11,556 6 9,85 6 Maintenance and repairs ,5 1,556 9,345 9,395 Telephone 2,668 2,668 Professional fees 2,500 Postage 1,631 2,500 Office supplies 2,265 1, 265 Dues and subscriptions 544 2,265 Miscellaneous 49455 544 Purchase of fixed assets 189 100,778 4,455 Artist-in-Educatior: Program 6,599 6 10,967 Total Disbursements 8 923 923 Q T00 778 6,599 + -'284,068 3 1 GREATER 9r.NTON ARTS COUNCIL kpn0 STATEMENT OF RECEIPTS, DISBURSEMENTSCAND CHANGES Anendal IN FUND BALANCES (CASH BASIS) FOR THE YEAR ENDED JUNE 30, 1941 h Fixed General Building Assets TOTAL_ Fund Fund _ Fund $ (2,415} Excess Receipts over $ 12,628 $(15,043) Disbursements 3,000 (3 , 000 ) Interfund Transfers 043) (2,415) Increase or (Decrease) 91628 (12, 043) in Fund Balances Fund Balances, 74,669 373,346 $1,254,831 1,702,846 July 1, 1990 100,967 1, 00+967 Fixed Asset Additions 801,x398 $1-Y--- Fund Balances, $ 84,297 $361,303 $1,355,798 June 30, 1991 The accompanying notes are an integral part of this statement. 4 Y. i it GREATER DENTON ARTS COUNCIL p NOTES TO FINANCIAL STATEMENTS JUNE 30, 1991 - 9 / / D~ NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES The financial statements of the Greater Denton Arts Council (GDAC) have been prepared on the cash basis of accounting, Consequently, certain revenues are recognized when received rather than when earned, and certain expenses and purchases of assets are recognized when cash is disbursed rather than when the obligation is incurred. Financial statements prepared oo this basis of accounting are not intended to present financial position and results of o operations in accordance with generally accepted accoMiting principles. The accounts of the Council are maintained in accordarcf., with the principles of fund accounting. This is the procedure by which resources for various purposes are classified for accounting and reporting purposes into funds established according to their nature and purposes. The assets and fund balances c` the Council are reported in three self-balancing fund groups as follows: - General fund, representing the portion of resources available for support of operations; - Building fund, representing the portion of resources restricted for construction, improvements, and other facilities-related expenditures; Fixed asset fund, accounting for the cost of all capital-related expenditures and major donated capital items. The financial statements of the Greater Denton Arts Council include the activity of The Arts Guild (TAG), a member organization. An auction held annually by TAG provides the primary source of fundraising for the Arts Council. Transactions between the two entities have been eliminated for presentation in the basic financial statements. The activity of TAG (including transactions with the Arts Council) is presented separately in the supplementary information section of this report. NOTE 2 - INVESTMENTS The Council's investments consist of money market accounts and certificates of deposit, as follows: Interest Fund - Amount Maturity Type Rate Group $44,251 N/A Money Market 6.10% GDAC $ 59906 N/A NOW Account 4.50% TAG $ 1,518 N/A Money Market 5.54% TAG $270248 03-05-92 CID 6.40% TAG $16,449 N/A Money Market 5.50% Building $35,110 N/A Money Mark' 5.65% Building $500000 09-05-91 C.D. 6.35% Building 5 4 GREATER DENTON AkIS _COUNr1L `i°"'' NOTES TO FINANCIAL STATEMENTS -CONTINUED JUNE 30, 1991 Aq:) ui1 i~Cnt._A NOTE 2 - INVESTMENTS (continued) Interest Fund - Amount Maturity _ Type Rate Group $50,000 08-28-91 C.D. 6.45% Building $50,000 11-02-91 C.D. 5.95% Building $25,000 11-18-91 C.D. 5.70% Building $ 11929 12-13-91 C.D. 5.80% Building $74,724 07-22-91 C•0. 7,00% Building , $58,090 09-12-91 C.D. 5.60% Building NOTE 3 - FIXED ASSETS Following is a summary of the Council's fixed assets; Buildings and improvements $ 944,160 Land 218,750 Construction in progress 82,587 Furniture and equipment 46,936 Permanent art collection 63$65 $1,355,/98 The cost of the buildings and improvements includes expenditures of the Council to renovate the Center for the Visual Arts. This building currently houses an art gallery, rehearsal hall, reception hall and studios, The cost also includes the donation and renovation of the Victorian Cottage, which houses the administrative offices. In 1990 the Council purchased the Campus Theatre at a cost of $100,779 which is also included in building and improvements, The cost of the land represents the appraised value, as of January, 1983, of land donated to the Council by Newton Rayzor, The Council owns a one-half intere;>t in a 35-acre tract of land located on loop 288, The construction in progress represents architect fees and contractor fees for the J. N. Rayzor Center for the Performing Arts, The total construction cost Is estimated to be in excess of $1,000,000. Completion of this project is contingent upon the sale of the land described above. The art collection is valued at the approximate market value of the donated items at the date they were given, The collection consists primarily of works valued at $600 or less. However, the collection also includes three sculptures donated to the Council by the Meadows Foundation, These hems comprise approxi- mately two-thirds of the value of the collection, C 6 r. h F E' I GREATER OWUN AR I S JU-N :1 L NOTES TO FINANCIAL STWEMENTS-CONTINUED r'{I,nd,jHn _~a 4a~ e„ JUNE 30, 1991 _7 7 W10 NOTE 4 - PAYROLL TAX LIABILITY ylp m This liability represents taxes withheld from salary checks issued before the end of the year. The tax liability representing the Council s tax expense for these checks is not included in this total, since the statements are pre- sented on the cash basis, The liability was paid subsequent to June, 1991. NOTE 5 - COMMITMENTS On September 1, 19810 the Council entered into a 25-year lease agreement with the City of Denton for two buildings. These buildings are the present Center of the Visual Arts and the future J.N. Rayzor Center for the Performing ,r Arts. The Council pays a minimum of $1 a year for the use of the buildings. The City pay a portion of the operational expenses. i~ 7 S Rill) SUPPLEMENTARY INFORMATION ti MEMBERS MEMBERS SEX SOCIETY OF AMERICAN INSTITUTE OF CERTIFIED PUBLIC ALCOUK*AN iS CERTIFIED PUBLIC ACCODN TANi$ HANKINS, POWERS, EASTUP, DEATON & TONN A P10f86S10nB1 Corpofallon ~gnnd3 hJO. _ CERTIFIED PUBLIC ACCOUNTANTS- 902 NORTH LOCUST e P O. BOX 977 PO Agrlltla Ilcrm. ~G 3 DEN70N, TEXAS 78202-0977 817.387-8583 Datn INDEPENDENT AUDITORS' REPORT ON SUPPLEMENTARY INFORMATION a Board of Directors Greater Denton Arts Council Denton, Texas Our report on our audit of the basic financial statements of the Greater Denton Arts Council for the fiscal year ended Jurie 30, 1991, appears on page 1, That audit was made for the purpose of forming an opinion on the basic financial statements taken as a whole. The state- ment of receipts and disbursements for The Arts Guild is presented for purposes of additional analysis and is not a required part of the basic financial statements, Such information has been subjected to the auditing procedures applied in the audit of the basic financial statements and, in our opinion, is fairly stated in all material respects in relation to the basic financial statements taken as a whole. ~l f~ cc eo , ~en i, d cf n r~- Hankins, Powers, Eastup, Denton & Tonn A Professional Corporation Certified Public Accountants Septemher 30, 1991 A c 9 Wt y i r GREATER DENTON ARTS COUNCIL onr.fa Pto. ~DQ? STATEMENT OF RECEIPTS AND DISBURSEMENTS: THE ARTS GUILD _ FOR THE YEAR ENDED JUNE 30, 1991 r 9 Receipts: Membership support - dues S 4,470 Fundraising - auction 34,817 Interest 3,093 Miscellaneous income _ 20 Total Receipts E 42,400 Disbursements: Grants - GDAC 31,000 Fundraising - auction - other 30221 Membership and newsletter 1,456 Professional fees 600 Postage 867 Advertising 630 Office supplies 156 Miscellaneous 283 Total Disbursements 38,213 Excess of Receipts over Disbursements 41187 See Report on Supplementary Information 10 Agenda po,n___' /DD~lD7` ~ NORTH TEXAS STATE FAIR ASSOCIATION 9 PROPOSED BUDGET FOR THE FISCAL YEAR OCTOBER 11 1992 THRU SEPTE14BER 30, 1993 F, 4:. ~i NORTH TEXAS STATE LAIR ASSOCIATION a7nnJj Po• PROPOSED BUDGET AOr'1d`~ fl°"j-~'~' 'a FOR THE FISCAL YEAR OCTOBER 1, 1992 THRU SEPTEMBER 30, 1 Actual Projected Expenses Total Proposed 10/1191 - 7/I5/92 7Z]6192_: 9 30 92 102 91 9 30 42 Budget Revenue --L. 30 92 19 I993 42 428 15 100 57 528 57 000 Expenses: Salaries $ 23,619 Printing 4,119 E 12,707 S 36,326 Advertising 2,500 6,619 $ 36,000 Travel 205 6,000 7,000 Postage 1,800 600 6,205 7,100 918 400 21400 21400 Office supplies 1,318 1,400 and expenses 736 Telephone 1,442 300 036 400 Office equipment 600 2,0442 2 1,500 maintenance 100 Office equipment 1.386 10 200 1.386 6 500 Total 34 325 23 107 51 432 "15 .7"0 0 0 c r•. Y: r AQRTH TEXAS STATE Fern ASSOCIATION Ar~nnda +a• _ 9o2 -Do_2 i PROPOSED BUDGET nll~nda Ilom_~~-~a_ FOR THE FISCAL YEAR OCTOBER 1, 1992 THRU SEPTEMBER 30, 1~~~' - - /o /o Actual Projected Proposed 10 1 91 - 7Z192 7 lb E2pensses 92 IO 1 41otal 30 42 1992uag1993 Revenue U2,428 ° 15 100 57 528 57 000 Expenses; Salaries S 23,619 Printing 4,119 a 12,707 $ 36,326 $ 360000 Advertising 205 2,500 6,619 7,000 Travel 11800 6'000 6,205 7,,90 Postage 918 600 21400 Office supplies 400 1,318 2,400 and expenses 1,400 Telephone 736 300 1,036 Office equipment 1'442 600 21042 900 maintenance 1,500 100 Office equipment 113 86 100 - 1,386 200 Total 500 $ 34,325 23 107 57 432 57 000 ti r. i NORTH TEXAS STATE FAIR ASSOCIATION arjowda'ND, SUPPLEMENT TO PROPOSED BUDGET FOR THE FISCAL YEAR OCTOBER 1, 1992 THRU SEPTEMBER 30, 1993 Salaries An Executive Director and assistant are employed. Based on time spent promoting tourism, 65% of these salaries are in the budget. Printing Catalogs, posters, leaflets, etc, promoting Denton and the North Texas State Fairground facilities, Items are distributed in Texas, Oklahoiaa, Arkansas, Louisiana and New Mexico. Advertising Road signs, newspapers, radio, monthly publications, etc. Travel Attend meetings, shows, seminars and other activities to promote tourism in Denton. Postage Mailing catalogs, posters, leaflets, etc, as well as correspondence to follow up inquiries received at meetings and through the mail, Office Supplies General supplies to maintain an efficient office, Telephone Necessary to maintain communication, Office Equipment Maintenance The office equipment includes a computer, typewriter, copy machine and adding machines that must be maintained in good condition for efficient use. Office Equipment Update computer system, r v r q Allend,i Itam__ HUN TEXAS STATE FAIR 10-118r•y2 Financisi Report 1991 :0,35 AN by Jana Bullock Months Jan Feb Bar Apr May Jun Jul Aug Sep Oct Nov Dec 7BAR PROJECT TO DATE " tlneaae$ )orations 10 f0 $0 $0 $0 i0 !O 1U t0 10 10 150 150 Fair 1990 115 1275 !45 $66 150 125 10 10 10 $0 t0 10 1606 ,f Fair 1991 10 1305 ;625 13,(48 $8,105 12,(15 13,366 1180,685 15,377 $25 10 10 $104,380 New Meabar Fees !200 1100 $100 10 to t0 t0 1100 10 $0 10 10 1500 Kise $385 10 !0 !o t0 10 10 !1,297 41,000 t0 t0 11,277 160960 Rentals 1675 1875 11,130 $2,705 t750 11,980 $615 11,010 11,526 13,075 111175 12,000 1171,11 ;ourisa !0 $12,691 t0 $0 !12,081 $1,870 10 116,611 10 !0 116,078 10 168.236 Total Income 111206 114,148 11,900• 16,217 120,989 16.320 13,981 1199,703 !10,902 13,100 116,563 13,327 > 88,317 Qtr 117,261 Qtr $33.527 Qtr 1211,685 Qtr $22,980 1Broeneel Brpo Oenter 10 10 10 10 10 t0 to 10 $0 $0 $0 10 10 Breoutira Diractor 15.117 $0 to 10 to 13,331 10 13,333 $3,333 $3,333 13,333 $1,333 !26,117 Fair 1990 to $0 30 $0 $0 $0 10 $0 10 10 10 t0 10 Fair 1991 1116 183 123 1315 $1,263 36001 $31073 $107,711 120,608 $2,113 1120 10 1138,087 insurance 110578 to 10 $0 :10 10 to 18,133 to 10 $0 10 19,716 Yatatenance $200 1103 1688 1316 1109 1639 $21911 13,162 166, $176 !1,701 1575 115,211 Nembersblp to to $O 10 $0 30 10 125 $0 $0 10 19 126 Miso 1521 $20 $0 10 IU 10 1127 14,323 1162 136 !8 11,082 16,278 90tellnterest Exp 10 30 30 10 I0 10 10 10 40 10 $0 10 10 ;!lice 11.617 117 1:98 151 1151 1196 JI'm $506 $57 11.112 157 11.151 36.691 )r;anirations 1576 $135 10 190 10 10 $0 to $360 10 $666 1510 12.306 T~urisa yaea4amant 1200 $3,533 13,(33 13.!33 3200 10 13,733 1200 1200 1200 1200 122,600 :tf:ce 11.083 11,083 1;,083 J'GIli 11,083 11,083 11,083 191083 11,083 $1,083 11,083 $1,083 111,191 !gai:aent 10 30 10 $0 10 30 10 10 10 t0 $0 $0 J0 ':fi:ies 38,6".' 1701 1295 1:.:2: 3;1773 11,921 1l i2,191 SI'M 11.125 1'25.3Vo .:tai Raoenae IZC,037 16.606 11,3$1 3?.'.''' 1!^,.311 38.80E 31!'.207 1131,210 !:6,369 110,218 311,768 i?.1'63 $26:,:67 Qtr $3`..395 ;tr 1:',;85 Qtr 1170,309 Qtr 13:.673 set tn;ora 1:8,:31' 58,:11 1'.?S1 t_,;i> J:;.'^7 3: S96i 10,2291 $65,163 1$16,1571 111,1481 $1,786 116,3361 122,3;1 Qtr 1:?.1111 ;r • 35,x12 9tr !13.'976 Qtr 13.08iR09: 6.t'SS c t r. > 19 11 A= E' L 1 ~ , 3 ;1 - - - - - i 161.9! 1111 lilt tiff fill file VIII 1111 tilt NIJt I!!O Inr tilP $11 I flit kill amc.tl St Iits" I ?[Little] tlsttlexl fnnrlll ttilnetl „ 11:11 AK PluatUl 7Gltun - I!!I Irt+ 111! 1590 Ioa Mal lutst CA if ae! luesr Set latof ;e E' 1~~ fto; ict feftose Itocn Nti I se ItSettt get tctie tlteal Itooll get trote hitese 1ec r•v I Adrtilietttl f10,041 10 1110 ,➢37' IIhfSO 10 (11616PV 111,111 111!00 IIILigI 11,!{1 t! 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"._--11 t0f tOmr --Poi its - - I tit-- 0IS, 50 _.----Ills - _-'-litt _.Ill If WeUtct 1611" 11,16c. 1611 11,111 71,630 111,101 iii(, 311411 1e .,11C II'. dtl 311741 110,410 ISM) 111,110 417,714 t 1 + ^ , II:,!s!I Il,}fi 10 (11,170 IP i^. 11 u01 1,__11119.91E➢-- _-"t0 _-11107 ".0.___..iliP1 - [It 10. •1201__ _"IIt0 __-I3'" --131201 _ - 113.._.10 11 Ice tills cliti•Otl 1! 0 11131 SC 0 I110 It It t0 10 ID !D to 10 10 SO 10 !0 r It IWI 10 leennoe IS It 10 10 It ..-tl'tiS1l tL ri""'- 'It !11 11.1OK ._111:1,.. IL'!,` 1C~ l1~. 11' Iv 111 1St 110.01: 11.'19 ____...11it, sr 0,7211 21 Mtte: t I i 6181 110,01 I All 1.;11 1 141 !D MI t 1W.ll?' I I: f: ISI'. I'.i !5 VIII 1St 10 14281 -id _."10 10 ~ It 10 10 oil 11 KnLttN! 1D _ 75 t -ir_ _ 0 o h t II 11,072 t6 MSc C 101 1171 0 C !P fit ti! 1!b 160 (11001 11160) 10 SI,Dlol 111111 21 Kout01111 I'm 051 011i!b ll' !tl fill flit It!! 1111' 11,100 11 9j6 Ill111141 -ilet 111 6 11, 11 1?of1 ,y 11 oil tI [ flit, t.' 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IC 0 ID C 0 10 t' iC IP 14 10 It !0 17 10 --lYTlttll l id 71!'--"""191 1101 ID I0 !D If I flitt - 0 IN lot' till W tit' It? ru lilt 421 IfP 19 MIDI 10 11016t1e1 :1178 1 (I! r IlLirll b,3!! f: 1'. ?!fl I' 10 WMI !1,691 i) '!1,1111 !0 I 11 video Kiel IC $0 _ 10 _ .!MOM- ' -IZ fciet'i LI➢P 0 . "1U;11DS _ it l°•.. f0 ot! 11:1t0 --50 .311:!071. _.-114 IQ.' lilt 111l,Ill 1101,111 161,175. Ili! 10! IIN 111 13144 Ilfi 711 II1l )!t I ! IiS IISS iii IM IM ItS 111 Ills Odt $111 .W .__1111 t!! is :iTi ;?I 111 0.0! : ...11.115 411: !Ol 1: Jli 311 N.IIi A l h r is 'CITY COUNCIL - L ~aQggqQQU Ud~ OQ~~ ° P ° A A, A P O~~~O r ° x t E + p0~~ ~~~Q17CQGG0~~~~ - 1 a J r P~fJer?dti II~f1Y_ - CITY OF DENTON CSTY COUNCIL MINUTE9~0I0_. f JUNE; 30, 1992 The Council convened into the Work Session at 5:15 p.m. in the Civil Defense Room. PRESENT: Mayor Castleberry; Council Members Brock, Perry, Smith and Miller. ABSENT: Mayor Pro Tem Hopkins and Council Member Chew s 1. The Council received a report and held a discussion regarding the 1992-93 Major Budget Issues. Lloyd Harrell, City Manager, presented Council with a calendar outlining the various items to be presented during the budget process. The July 7 agenda would include a discussion of the major budget issues, no work session would be needed for July 14, July 21 would be a regular meeting with the work session including presentations by the hotel/motel tax recipients, The July 28 meeting would be a work session at 5:15 at which time the proposed budget would be submitted to council followed by a reception for retiring council Members and Board/commission members. Consensus of the Council was to hold the reception on July 28 at the Visual Arts Center, council Member chew joined the meeting. Harrell continued with the August 4 meeting which would begin at 4:00 p.m. with staff budget presentations, oil August 11th, staff budget presentations would be completed. Mayor Pro Tem Hopkins joined the meeting. A Harrell stated that the August 18th meeting would be a general budget discussion, a public hearing on a proposed tax increase and budget would be held on September 1 and Sept 8 would be the final budget discussion. The September. 15 meeting would include the adoption of the budget. Consensus of the Council was to proceed with the proposed schedule. Harrell continued with the Major Budget Issues. Ti.is report was a preview of what the budget looked like. fie stated that the philosophy of the Major. Budget Issues Report was to identify those issues which were policy decisions which would make a difference in the community depending on the option the council chose. He felt this was the most difficult budget he had put together since being in Denton. The City used a modified zero based budget process. Department directors were asked to submit budgets that limited < expenditures to previous year levels. Because of inflation and other circumstances, the approach required department directors to offer program cuts to meet their budget targets. Norma]. budget I`Yr iJ~ a / City of Denton City Council Minutes June 30, 1992 Page 2 debates then occurred about programs to restore and what new programs to add. This year there was no debate about packages. The program reductions offered to meet targets were taken and department directors were asked to offer additional cuts of 2%. , Many of these reductions were incorporated into the budget in order to present a balanced budget to council. The total City budget revenues for 1992-93 was proposed at $129,133,501 and proposed expenditures at $128,800,996. General fund revenues were proposed at $27,700,000 with expenditures proposed at $280000,000. They expenditures exceeded revenues by a small amount which was made up by using fund balance. The proposed expenditures for the general fund were $28,064,160. Last year's general fund budget was $28,376,920 which was a drop in the proposed 1992-93 budget of more than $300,000. Major Issues - General Fund 1. General Fund Reserve Level - 8-10% was the adopted goal to maintain the fund balance. Last year, Council preferred to keep the amount at 10%. The budget was built on a 10% fund balance. Staff was recommending that $362,000 of the unreserved balance he used to help balance the budget and keep the balance at 10%. Current figures indicated that only $300,000 would be needed to balance the budget and there might be $62,000 available for other uses. 2. Revenues A. Property tax - valuation was down over $6 million from the Appraisal District with potential further drops after the ' appeal process was completed. Staff was recommending setting the tax rate at the effective tax rate level which was the rate it took to bring the sam amount of property tax revenue as the previous year. Because of Council's desire to limit a tax increase, the proposed budget was based on the effective tax rate which would be $,6882 per $100 valuation plus an amount to be determined after the appeal process, If an additional reduction of 4%-6% occurred, an effective tax rate of $.7247 to $.7325 might be required. Setting the tax rate at the effective rate level would produce the same revenues as last year and would not cover any increases for inflation, salary adjustment, or any new demand for services. Essentially this was not a tax increase as the same amount of revenue would be received as last year, B. Sales Tax - this year sales tax collections through May were 3,28% over prior year collections for the same period. A 4% sales tax growth rate was recommended to be used in balancing the 1992-93 budget. 4 t r q I City of Denton City Council Minutes r June 30, 1992 Page 3 C. Utility Sales Tax - this item was not included in the budget but might be an option for the Council to debate. in the 1970's the Legislature gave cities the option to exempt residential gas and electric customers from a 1% city sales tax. Denton took advantage of the exemption. since that date, most cities in the Metroplex had repealed that exemption. The City could generate an additional $198,165 in General Fund revenues by repealing this s exemption. Implementation would be January 1, 1993. The action would allow for a reduction in the property tax rate, or allow for funding of services that had been reduced in the proposed budget. D. Health Inspections - €ee in this area had not increased since 1988. An increase of $10 per :ategory fee was proposed with a reinspection fee of one-half the original inspection fee. Approximately $9,000 of revenue would be generated. This amount was not included in the proposed budget. council Member Chew asked for an analysis of costs if the fees were increased more due to the discrepancy between revenue and expenditure. E. Storm Drainage Utility - it was recommended by the Storm Water Utility Committee that the utility be created, but not implement the charges. Council then could impose the fee whenever it desired. If the charges were imposed, an additional $800,000 per year would be generated. 3. Pay Plan Adjustments - Harrell stated that any adjustment to the pay plan resulted in major dollar amounts. In the 1991-92 budget, Phase I of the new classification and compensation plan was implemented. This provided funds to bring any position which was 80% below market up to that level. All other employees received a 3% salary adjustment with the commitment that Phase II implementation would be considere5 in the 1992•-93 budget. To implement Phase II, $938,837 would be needed. Due to the limited resources in the 1992-93 budget, staff recommended no salary increases for City staff. If the Council wanted to give employees an increase, every It of increase would result in $200,000 of needed dollars. 4. Benefits Adjustments A. Health Insurance - an anticipated increase of 15% in the health insurance premiums was seen and the budget was based on that amount of increase. If the premium went higher than that, design modifications would be made to the plan in order to keep the rate at no more than 15%. City of Denton City Council Minutes 4 June 30, 1992 Page 4 B. T.M.R.S. Adjustment- - all City employees belonged to T.M.R.S. except for the fire fighters who had their own pension system. The City was paying approximately 14% for the fire fighters pension fund and 10.8% for other employees. It was recommended that due to the inequity between City contributions for fire fighters and all other employees and because no salary increases were proposed, the adjustment to the T.M.R.S. contributions increase to 6% and 6.8%. This was on the lower end of the level with the surrounding communities. Half of the money had been set aside in the budget to phase in the contributions. for c$108,500 would be set aside ontributions balance which exceeded the 10% level would be added torthe fto fund. 5. Positions - no new positions were recommended and eight vacant positions were being recommended for elimination. Those positions included (1) Emergency Management Coordinator - duties for this job would be assumed for the City by the Police Chief and the Fire Chief; (2) Engineering Tech II - this was one of three positions; (3) Adult Athletics Supervisor - this position was the coordinator for adults athletic leagues, oversaw the gol driving range and oversaw the swimming pool. If eliminated the swimming pool management would be taken over by other staff, the golf driving range would have to be closed or leased and the adult leagues would have to increase their own self-management; (4) fire staffing would eliminate 4 positions. Last year the Council decided to add njne new fire fighter positions during this budget year, i't the same time, Council decided that when Station 6 was opened, Station One would be closed. This would increase the manning level of the current fire trucks. unfortunately, it was not passible to increase service levels at this point. The nine new positions would be reduced to seven with one of those being assigned to EMS Program Manager. Two of the seven positions would be held vacant and filled upon the retirement of two Battalion chiefs which was anticipated sometime during 1992-93. Thereafter, the Battalion Chief positions would be eliminated. $166,000 would be needed to restore these positions. 6. Service Reductions a. Taxation - eliminate two extra mailings the City preformed which were not required by law, b. Street Construction - eliminate tree trimming for 1992- 93. C. Police - line item reductions which reduced film, travel, schools and seminars. It also would hold vacancies to accommodate c- it I C City of Denton City Council Minutes / June 30, 1992 Page 5 salary savings. d. Library - various service reductions which included no travel, schools or seminars for the entire staff. The Library would lose its membership in the American Library Association and the Texas Library Association. There would be no repair funds for broken equipment and no books would be sent for repair. e. Budget/Accounting - the 1993-94 budget would be limited in the number of copies that were made for distribution. Currently 165 copies were made. This number would be cut back to 25 copies of the proposed budget and 75 copies of the approved budget. Another service reduction would be in Animal Control which would eliminate routine patrols between 5:00 p,m. and 8:00 a.m. 7. Other Agency Contributions - the current budget for other agencies was $115,600 with a request from the Hunan Services Committee for $129,800. The proposed budget was baseO on $114,444 which was a reduction of lea from the current level. Council Member chew asked for a description of the Couft Appointed Special Advocates program. 8. Transportation - the proposed budget provided for a It reduction from current funding levels for SPAN ($100) and HANDIHOP ($460) transportation services. 9. County Funding for the Library - The City spent mu3:h more money serving county patrons than it was receiving compensation from the County. Options included to continue subsidizing non-City patrons and accepting the County allocation or not accept the current County proposal of $110,932 and begin assessing a user fee for out-of-City patrons. If this option were selected, it would requirs the elimination of three positions and the Library wo,.ld need to reduce hours of operation. Staff was recommend?,ig accepting the Countyfs proposal. 1.0. split Tax payments - it was estimated that an additional $20,000 of interest income was earned when no split payment wav; used. The majority of the users of the spilt payment program wa-,: not homeowners but rather commercial and apartment owners. 11. Tax Exemption for. Persons Over. 65 - increasing the exemption by $1,000 to $21,000 was recommended in the proposed 1992-93 budget. 12. Cable Television - the operational cost for televising the i f City of Denton City Council Minutes o June 30, 1992 Page 6 City Council meetings was not included in the 1992-93 budget. Total cost to provide this service was approximately $2500 for temporary interns and equipment maintenance and $40,000 to be taken ' from the special fund established for this purpose for equipment. The DISD was very interested in a joint agreement with the City for these services and the Council would be receiving a report at the next meeting regarding such a proposal. 13. Swimming Pool Improvements - Council had authorized Phase I which addressed problems associated with the circulation and filtration systems and would be paid from interest funds from previous bond issues. Phase II dealt with renovating the building and grounds of the pool area. Staff recommended that Phase II begin in early 1993 using the issuance of Certificates of Obligation to fund $309,000 of structural improvements. It was also recommended that the revenue needed to pay the debt service on the Certificates come from a $.0024 increase in the ad valorem tax rate. This increase was not programmed into the 1992-93 budget at this time. 14. Police - Public Safety officers - the Police Chief had identified approximately 5 positions in the. Department which did not require a uniformed officer to perform. He was suggesting that over time these positions be transferred to public safety officers who were civilians. This would also maintain the Police Officer positions at 104. This budget year proposed shifting one vacant position to a public safety officer. 15. Fire Reserve Fund - over the past several years, a fire reserve fund had been built to phase in the fiscal impact of opening a new fire station. The 199293 budget used $132,000 of the reserve to offset expenditures required for opening Station #6. 16. Mowing- when Loop 288 opened, the city would be responsible for an additional 60 acres of mowing. South Park would add 6 acres of additional mooring. Staff was recommending that mowing services be cut in the following areas: no renewal of the lease on the 13 acre school site at the corner of Teasley Lane and Longridge, eliminate mowing of 30 acres of Class C areas at North Lakes Park which was the proposed area for new athletic fields, and, reduce mowing of an additional 30 acres of Class C area at North Lakes Park on the south side of the park. 16. Library Automation - the automation equipment at the Library was over 15 years old and needed to be replaced. Lengthy input time, loss of data, erroneous file comparison verifications. had \ impacted service levels. Due to the tight financial year, it was recommended that this program be left in the CIP and not funded out ` 4 n i Ii City of Denton City council Minutes June 30, 1992 Page 7 k of current revenue. 17. Street Improvements - this area was not reduced in the proposed budget. This would allow the Department to expand its service levels as per the indications from the Council budget questionnaire. Utilities - Major Issues These recommendations came directly from the Public Utilities " Board. The Board proposed a 4.8% reduction in electric rates, a 6% increase in water rates and a 10% increase in wastewater rates. The net amount of these rate changes was anticipated to increase an average residential customer's monthly utility bill between $3.50 and $4.00. Mayor Pro Tem Hopkins requested further discussion regarding TMPA and rate reductions. Harrell stated that a real concern was the 10% increase in wastewater rates. That increase was entirely driven due to the expansion of the treatment plant 4o incorporate the new Federal guidelines. If a 105 increase were done this year, a 25$ increase would probably be needed next year. The Public utilities Board had indicated that a 25% increase would not be done, that ways would be found to keep the rate increase below that percent. If the rate were held to 15% next year, it was anticipated that 7 wastewater treatment operators would have to be laid off. Harrell listed the proposed Utility positions - a. Electric - net reduction of two positions b. Water - recommend one new person c. wastewater - no new positions d. Sanitation - no new positions The Public Utilities Board had recommended a $,35 per month increase for residential customers and a State landfill fee on residential and commercial customers which would be added as a separate line item on the utility bill of 3 1/2%. Recycling - The Public Utilities Board recommended keeping the current program. Some small programs would be added such as household hazardous waste public information program, paint swap program and waste reduction and recycling public education i t 'v y, ' 1. tS City of Denton City Council Minutes ~ V AO June 30, 1992 Page A advertising program. Other options presented to Council included mandatory curbside recycling which would add $1.25 per month on a residential customer bill. A voluntary subscription program could be started for citizens to volunteer for the program. If a 20$ participation rate was realized, the service could be offered for $3.25 per month. ` Item 4, was considered. 4. Miscellaneous matters from the City Manager. City Manager Harrell had no items for Council. 5. New Business The following items of New Business were suggested by Council Members for future agendas: A. Council Member Chew requested a report on the possibility of establishing a pedestrian crossway on East McKinney between Crawford and Wood Streets. B. Council Member Brock stated that she felt the bird problem was not solved and requested a further report. C. Mayor Castleberry credited the City Manager with the way the Old Steam Plant building was looking. Much work had been done to improve the site. The Council returned to the agenda order. 2. The Council convened into Executive Session to discuss legal matters, real estate, and personnel/board appointments (considered appointments to all city of Denton Boards and Commissions.) No official action was taken. With no further business, the meeting was adjourned. BOB CASTLEBERRY, MAYOR CITY OF DENTON, TEXAS JENNIFER 14ALTERS CITY SECRETARY CITY OF DENTON, TEXAS ACC0009B r T M, CITY ...COUNCIL - - T-TTT - - TT. oaoa~ontlao6~ooooG :T Ooo N~~oo :Tm h0 o v G J tr , f ~ t {3r r ~ } DATE:T 21/92 CITY COUNCIL REPORT TOt Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: PRELIMINARY REPLAT OF THE PROPOSED MINTER ADDITION, LOTS It 2, 31 AND 41 BLOCK A; INCLUDING 18.52 ACRES OF UNPLATTED LAND 4 RECOMMENDATIONt The Planning and Zoning commission recommended approval by a 5-0 vote at it 07/08/92 meeting. r~ SUMMARY: The 20.2 acre tract is located north of Morse Street and east of Newton Street, Lot 2 is proposed as the site for a new elementary school. Lot 1 is occupied by a single family residence. Lot 3 is occupied by the Alico distribution operation. Lot 4 is proposed to be joined with the MF-1 tract to the north. Public improvements include approximately 1,570 feet of concrete sidewalk, approximately 320 feet of public street (including a cul- de-sac), approximately 310 feet of water line, approximately 952 feet of sanitary sewer line, approximately 952 feet of storm sewer, and at least one fire hydrant (the exact number will be determined at the building permit stage). Also, four new curb openings will be constructed as shown. Access is proposed to be shared by the current owner of Lot 3, and the owner of Lot 4. BACKGROUND: Lots 1, 2, and 4 are in a single family (SF-7) district. Most of Lot 3 is zoned Planned Development (PD-26), for light industrial uses. This PD and the existing SF-7 zoning are In the process of being amended, to reflect their proposed configurations. All flood plain on the southeast portion of Lot 2 and all L'loodway on the east portion of Lots 2 artd 3 will be dedicated as public drainage easements. City services and facilities, including water, sanitary sewer, electrical, and solid waste, are available. The preliminary replat conforms to the minimum requirements of the Subdivision and Land Development Regulations, Chapter. 34 of the Code of ordinances, ki City Council Format a A Minter Addition l/ July 21, 1992 P OGPAMS DEPARTMENTS OR GROUPS AFFECTED: Schoolchildren, taxpayers, nearby residents FISCAL IMPACT: 4 Some new construction of private structures and public, facilities. Respectfully submitted: Prepared by: Lloyd V. Harrell City Manager Owen Yost, ASOk Urban Plannet" Approved: Frank 19. Robbins AICP Executive Director Planning and Development AAAOOAAE C t Y. F ~ r Al°rncuNE.NL T 1 P•92.023 Minter Addition NORTH IL vow V DAK I I , 7'CZa r~ I mm I I S1 \ TE r IF m D 06 44 eMAa own I f µ,t N7TA ~ +y / 3w 06 .l I~ ~ 7 Met 7(2/92 Scolet NONE r. p A'i`TAC1i.4iNT 2 xy ! ---may i } - - E ' el L ~so~a'•'os ]uoc' P ~~y~JQ p"a ~p y MJMV/1qs p ^ 'l C ' i-U69 10 x f . 40,, g g , Zo .k e J YyL yI rt I d JJJf n 9 ~ O yyy y ~ ! e 11 ~ g r I r 1 a o m k C „era J :r.ozc .~.3 w Lf(,1 I Qr$ a j a It g ~ ~u> r1 ~ 3 is e°{ I~✓ --ti \~~e~ W A I{ lv 0 L... U •.nV 66 K i. n1 •l5 ~.1 9• CtLtL .I0 .0L10f y S ~ ~ • u0' Ae re s, i S It It Oct s a x c s x. \ dl ).[I IZA30S 411Y~M]D w L Ot M O-b is M34' 6 ~ • • ~ I ~ ~ _ ~ .a ~ 7...11 ~ ~ I 1 ~ " ~ _-s? - ~ r ! / I ^O h r/ice.. •1 r -T.-_ r 1- n f kl. . , IGdre nR l' i'~ , y,i `l H,' u Ll C) I I:I F!~ I I J r/ acorn. Yr nl.t s r Z. c.le n 1 Mr " C> ! i ] ' ! r. ta - - •oou n -i ~ ! R .J ~ f : °s . ses d/ I [I. ti w Y , t t~ ,SG LLV~rlno •.,~iiit I f 1 pnn xn .s ...x~[.tows v. t ap q Ibl1`~} h I.~ w 1• "r .e x .e[.tom s of r- og 1 'a ~m I M ~r: < o~ !.I Ori° 1 I~w ^ S tea. v x ll m~h°i'~ li!13 ~ a~ I r~i n°~~• • p~3 u rrr'rj~ m it va 17 -11- 7 (yl.I i tt r I E N Y In. of Y -rl, pilV >,lLti 00 C r 3 K I 4~ =tir;=...~,Ir 17 or r g I t ~ ~ _f'!)er p 4 ~A a P• 7,. R LOS ! •1 ur jS JOHN C. W. V 711/P 37B • y /'t"'Y'SSON1 ADD'N. v a o ' o CUY of /DENTON 6:8/P a T zoNe, r1F•I ` s vv - J. N1109tt OUAYEtl, A^f0 1IUDSPEI o rr SWFJ,11AA11 ea; ~ CJ. 7r , cltco SURVEY. V 979/F 116 _ Jt-196E - i' lush en r 2slc9' IT asee5a'sr _.9Df F DD _ 66SSOti !O) low. ~ s e •o,(_,i e) ~oe• ccNC vu - N 'nYC vM 01 P071r ems. N - _tr ~~1 J f y, r Be•DOC ~ •~v- ~I` I' rR es•. .,y... 0,40 ar @ ' J : n ' Now SMILE R-01 t ll R • ..a~u•-1 .ICS 1\ 1. . s7 s7 i f S n vl tiYlfy. r- Perl OI Pb~74 f \ n' --I I ^ 8 ~Q NCGiN C011C. SIUEM'A11\ 9 ` rr n'[ IrtavRr a ~ In.~.. er.26 r a.9, c' IL NCW ORC1Y7%C fA5C4lN1 ] ~A PROPOSED-25' DRmAY g ~:!I7I~ r srfe , o °i fit I~1 rr a „ . N ta56'7C w 9» w' , NEW ,e' U[e. WE $ III C J!, K co SAN scR N - NCW R-0.17. \ 25' llp IYN,ERCIN6 BLOCK A 7~ K~ SlxII l9.elulN - i - WILSON ST t - - - - - - "'c „ lvivim-V - - - 1- i - ao~it. LIn l+sc - Ir, 3T) CID 1 ,1~ F =Doe' ~7! \ v[ n .!756 Iviwie ` I i --dp IJ nnr.., rw. II`Ylevt - N 6652•11 W 645"0' ul stxR CASE • 491,'pr1C 0 e• r LOT L r'v~[,7,8118 1IGNE, /,1 A-Nlw he m CClCICPIMC p E}•~~ DENTON IS.O. III / i.Al. N.cCOh1dIC fled, 11, '1 1. u V 9B7 P 215 'I«~Ix islet r~ ~rw PROPOSED 25' ? 6CI o I a ~4 ~7 - a" R, DRNE'NAY o♦ a6{~Af e1^~"liaf°~ rT 1 f^ 6•IUD+ q _ 1,~Y p + ~ f9~~,~,DaM N/ ~~Phf=O 11.}V - • S ~f' / q PRELIMINARY REPLAT of the MINTER ADDTT110N aroo'2T w N oa6S;oY t r 2,3& 4 of BLOCK A as a)' LOTS , PROPOSED 25'-` 'Ir. w on ow' 1 s pRNEWAY 8eing 0 Replat Of the Minter Addition s.1 A ' [ i i Plus 18,52 Acres of llnplatted Land u , • v I ~c / q' J, QROCK SUR„ A-6b 7a. Iv z z rd v.a. unl. tsurn,M, - R. d / u $ k Yfm. TEAGUli SUR,, A-$286 !v s c) c7 " , ITY k &Xwy of DEN10N, 1D''u_---'--- D v :ri a E- i IA NITER n00'N, S „ E ` c '4wc,•~m,. 1 Y z Cab D/P 16 I ,tio rr. `Pllat 1ietOrde : ° r. R !~blP ° d to iir, ~j s t OT:r ~1 v > NW1 DI U 4. I 0<I NCM OWJN4GE' - ~ - ;I IJ f a. nm I~AUV%t SUAYIEY A-88 _ NB07e'08I 709 en " U (7 CJ• - uoas u7 7 1 : _ K~ - rR UE SWAY@Y A5'kf8 P 6 3 ` S'Rtrr PRppFP~OSEb 25 a \ pRYEWAY. Q J e.e »N- -,~JSCd u PIP e' CORD. S'VCNARR ~,t. II f..Vi VIj ' A 1 Y. F~. r f - f CITY COUNCTI s t~ f': t. eti0pp~ij}-~: o L,. 0 ll. , p - ~p F 3 ~.f1:~. pp ,y r i, ~ ^~O ...F~- ~p000oacacc~'jo~°°~~ ell J- _ . 11 1.• 16, ALL0001 F ORDINANCE NO. r 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 mac::rials, equipment, supplies or services in accordance with the procedures of state law a 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 the appropriation of funds to be used for the purchase ..)f the ma- terials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTI^QN I. That the numbered item6 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 NUMBER NO VENDOR AMOUNT 1390 ALL CAPITAL, ASSISTANCE. GROUP $19,000.00 ^ 1393 ALL NATIONALWIDE BATTERY .$15,000.00 1394 PIPE 'n HEADS EXHIBIT A 1394 DENTEX SUPPLY FINIBIT A 1394 WICKHAM SUPPLY EXHIBIT A ISECTION II. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the -s f)r such items and agrees to purchase the materials, F' jupplies or services in accordance with the terms, ions, standards, quantities and for the specified sums n the Bid Invitotions, Bid Proposals, and related docu;, 119 (U1o SECTION III. That should the 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 acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the ` written contract is in accordance with the terms, conditions, spec- ifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. SECTION IV. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funde 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 CASTLE-BERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: r. /i ii P,l~~ilrls Plo. _ Da ~ 4 Exhibit "All [).I BID 17 1394 (p, 1 of 2) I DENTEX I BID NAME Irrigation Materials I WICKHAM I PIPE IN I OPEN DATE July 2, 1992 I SUPPLY CO, I SUPPLY I HEADS I INC. I INC. I INC. I M 'QUANTITY i DESCRIPTION I VENDOR I ~I VENDOR VENDOR 1 I 1REDUCER BUSHINGS SLZ.P X SLIPt I 1 I_ I 1 1 3 12,5 x 2" I I I I 2 1 103 12 x 1.5" I I $0.70 [ I q 3 I 4 12 x 1,25" I I $0.44 [ I 4 I 4 12 x 1" I I $0.44 1 1 5 I 33 11.5 x 1.25" I I $0.44 I I 6 I 14 11.5 x 1" I I $0,26 1 I ` 7 I 49 11.25 x 1" J I B I 16 11 x .75" $0.25 I 1 ITORO EQUIPMENT] I I $0.19 I [ g I 10 4 1189-06-01 Vision II 12 sta, I 1 I I I $190.56 138 IS614-02-09 Toro Heads I I I 11 I 49 IS700C-PC-3 Toro Heads stainless $12.90 [ 1 $24.645 I 12 I 2 1252-06•-08 Toro 21, Elect. Valve $57.60 [ I I 13 J 33 1252-06-06 Toro 1.511 Elect, Valved $38.88 1 1 I 14 IMISCELLANEOUS MATERIALSt I I I 15 I 2 IPVC Glue (quart) I 2 1PVC Purple Primer (quart) [ $3.00 I I I 1 16 2 [PVC Glue (gallon) $3.00 I I I I IMISCELLA14EOUS FQPT. (CONT'D)i I I $11.85 I I 17 [ 2 IPVC Purple Primer [ I 18 I 6 1.75" Teflon Tape, roll I I $10.44 I 1 .9 I 2 [Duct Tape I I $0,65 I 1 IPVC PIPE - BELL ENDSS i ' $3,05 I I 20 1 1300 LF 12.51P PVC Pipe Sch 40 I I 21 1 200 LF 12" PVC Pipe Soh 40 I $0.5028 [ 1 22 12300 LF 12" Class 200 PVC I I $0.3189 [ 23 11600 LF 11.5" Class 200 PVC I I 1 $0.242 [ 24 11760 LF 11,25" Class 200 PVC I I I $0.15675 I 25 2700 LF 11" Class 200 PVC [ 1 I $0.11825 [ 26 I 500 LF 1.75" Class 200 PVC I I I $0,077 1 I [CONTROL WIREi 1 $0.06 I 1 27 [ 4000 LF 114 AWG OF-600V Underground/Whitel I I [ I I $0.03261 28 16000 LF114 AWG OF-600V Underground/Red 29 I 10 IDri-splice sealer $o.o3z61 30 1 250 IDri-splice Cap and Crimp Rings I I $2,691 [ I BACK FLOW1 [ I $0.321 I 31 I 2 IFebco 2" 710A ATM Vacuum Breakerl I [ 32 I 20 LF [Copper Pipe Type L 2" I I $$3,74 [ I 1 $3.78 I I c . •Ji e.Z L I I Qaln .__-7 --/~_9~•,~ J -v Exhibit "A" I DENTEX I WICKIMM J PIPE' Bid #1394 (p, 2 of 2) I SUPPLY CO. I SUPPLY I HEADS 1 Irrigation Materials J INC. I INC. I INC. 1 # (QUANTITY I DESCRIPTION I I~- VENDOR VENDOR I VENDOR (BACK FLOW (CONT'D): ~ I I 33 1 4 (Copper 2" FA Insert Type 1 $3.60 i 1 34 1 6 ICopper 2" 90 Deg. Ells J $2.50 35 1 4 (Copper 2" MA Insert Type I 1 $3.13 I I 36 1 2 12" Gate Valve I I $9.53 I I + 37 J 4 1.75" Gate Valve ! I $2.47 J I (FITTING HEADS: 38 1 138 11" Spears #5807-010-10 T&T $6.50 1 MIPT X MIPT 39 1 50 1.75" Sch 80 PVC Nipple 12" [ I I 40 $0.459 I 1 150 1.75" Marley Brand Street Ell $0.342 1 [FITTINGS PIPE-PVC-SCHEDULE 40 [ 1 I I TEES, SLIP x SLIP x SLIP: 1 I I I 41 1 6 12.5" I I E2.39 42 [ 7 12" [ $0.73 [ I 43 1 33 12 x 2 x 1,5" [ I $0.77 1 I 44 1 8 11.5" I I $0.50 1 45 1 4 11.25" I $0.41 1 I 46 I 3 11" I I $0.26 I I 47 1 37 TEES, 1SLIP X SLIP X FLATr I 1 I I 12 x I $1.21 1 I J [TEES, SLIPXSLIPxFLAT (CONT'D): 1 I I 48 1 11 12 x 2 x .75" I 1 $1.21 1 I 49 1 23 11.5 x 1.5 x 1" 1 I $0.96 I I 50 1 7 [1.5 x 1.5 x .75" J $0.96 [ 51 1 28 11,25 x 1.25 x 1" [ 1 $0.77 1 1 52 1 7 11.25 x 1,25 x .75" I 1 $0.77 1 I 53 1 8 1+, x l x .75" 1 I $0.46 1 1 54 1 7 1.75 x .75 x .75" I I $0.25 55 4 I 1 ELL - 90 DEC, SLIP X SLIP: 1 I 1 1 12,51r $1.79 I I I 1 I 56 66 I2" $0.59 [ I 57 1 12 [1.5" I i $0.37 1 58 [ 12 11,25" I I 59 I 12 11" $0,35 [ I 1 1 $0.2.0 I I 1 ELL - 90 DEG. SLIP X FLAT: 1 1 60 I 40 I1 x 1° 1 I 26 [ J 61 1 5 1,75 x .75" $0, 1 1 $0.14 I I I 1 COUPLE - SLIP X SLIP: [ 1 [ I 62 33 12" I 1 $0.35 I I 63 1 2 12.5" I [ $0.77 1 I I 1 MALE ADAPTERS, SLIP x FLATr 1 1 I I 64 1 4 12,5" $1.11 65 f 6 1 [ I $0.38 1 I 66 66 111. , 5" 1 I 1 I I 29 I I 67 I 6 i ALL TREADS $0, - PVC SCH 80: 1 ( rn 1 I I $0.129 \ 4 l , .F r. 1s 1 ntie!: is Rom_!PS~ - DATE: 7121192 M CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID 1{1390 WARRANT COLLECTION SERVICE 4 RF,COMMENDATION: We recommend this bid be awarded to the lowest bidder, Capital Assistance Group in the amount of 24% of recovered funds less state mandatory fees. Estimated expenditure is approximately $19,000. S_UHMAR'Y: This bid is for the contract services to collect outstanding warrants for the City of Denton, provide immediate and consistent efforts in collections and a timely return of the dollars collected. This bid is for a one year contract from date of award. Capital Assistance Group Is currently servicing the City of Denton with warrant collection services and has proven to be a good contractor. BACKGROUND: Tabulation Sheet PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Municipal Court Division FISCAL IMPACT: This project is self-sustaining in that the fees paid are a percentage of the amount of revenue recovered. Respec ttrlly submitted: Li yd V. llarrell City Manager 4 Approved: Name: `i'om D. Shaw Title: Purchasing Agent agenda.291 \ testa<.,j~ v BID 1390 I I I BID NAME Warrant Collection Service I CAPITAL I MUNICIPAL I ASSISTANCE J SERVICES OPEN DATE i GROUP ' BUREAU I June 23, 1992 ,QUANTITY i 1--j I DESCRIPTION I VENDOR I VENDOR I I , ~I_ J I 1 n/a IService Fee Based on Recovery I 248 I 258 I I Only (expressed as a 8) I I I I I I I I I Bid Bond? I YES I YES f I I ~ ~ I I f S In I~i iD ¢i (9 f CJ m 1 i3 U \ V 5 C, e. I1 DATE: 7/21/92 CITY COUNCIL REPORT r TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID #1393 BATTERIES RECOMMENDATION: Council approve award of bid #1393 to the low bidder w meeting specifications, Nationwide Battery, for a one year consignment program with an estimnted annual expenditure of $15,000, 6 SUMMARY: This bid is for the annual requirements of batteries for the City of Denton automotive and equipment fleet, Nationwide Battery will supply the city with an inventory of required battery sizes and only charge the city for those batteries that are used from that stock. BACKGROUND: Tabulation Sheet Memorandum 'rom Jack Jarvis, Fleet Superintendent PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Floet Services FISCAL IMPACT: Purchases will be mado from the fleet services inventory account #710-025-0580-8702. Respec lly submitted: Llo d , Harrell City Manager Prepared by: C~ Name: M Name: M ante A, Hardeli Title: Buyer Ap`pproved : Name: Tom D, Shaw Title: Purchasing Agent agenda,288 F 3 n BID I I I I 1393 PARTS { ST'&WART & I 14ETROPLEX I NATIONWIDE I INTERSTATE 1 BID NAME Batteries (Automotive/Egpt) I PLUS ST,EVENSON I BATTERY I I BATTERY 1 I I 1 OPEN DATE July 2, 1992 I I I I 1 N IQUANTITY I DESCRIPTION I VENDOR I VENDOR I VENDOR I VENDOR VENDOR 1 ! I I I I 1 1 I each (Group Size 24 I $49.61 1 $31.32 1 $33.25 $27.90 1 $47.95 1 1 1----------------------------.----I--------------- I---------------- I-.--------------I---------------- I---------------I 2 1 each (Group size 24F 1 $49.61 1 $31.31 1 $33.25 1 $27.90 1 $47.95 1 --------------I---------- I---------------- I--------------- I---------------- I--------~------- I IGroup Size - 2_7 $49.61 1 $40.45 1 $38.95 I $33.95 1 $51.95 I 3 1 each 1 I I I 4 1 each (Group Size 27F { $49.61 1 $40.45 1 $38.95 1 $33.95 1 $51.95 j 1 1------------------------------ I------------------ I-------•-----•---I--------------•--k 5 1 each IGroup Size 31 $65.06 I $51.33 1 $53.50 1 $47.95 1 $66.95 1 1 1------------------------------I----------------I----------------I----------------I------•---------I---------------I 6 1 each IGroup Size 8D I $119.92 1 $81.22 1 $82.25 1 $64.95 1 $111.95 1 1 1-------------------------------I---------------I---------------1---------------I-----------------I---------------I 7 1 each IGroup Size 4D 1 $101.49 1 $14.76 1 $71.50 1 $69.95 1 $97.95 1 I---------------I--------------- I----------------- I---------------•I----------------I` 8 1 each IGroup Size 4DLT 1 $92.66 1 $65.47 1 $66.95 I $62.95 1 $86.93 1 ------I--------------- 1---- - ----------•-------j--.--------------i---.-------------- 1 1---________.---_-_--_ 77.95 1 $46.61 1 $48.25 1 $62.95 1 $62.95 1 l 9 1 each IGroup size 65 $ I I I I I I ( DELIVERYf 1 1 DAY 1 2 DAYS 1 1 DAY 1 2 DAYS 1 1 DAY 1 fdr } in o .3 1 V v h . Ij 77[E i7 It Apnnjla ilona.~~.S/,1~ Yn(17 city O( Dr wow, TEXAS MUNICIPAL BUILDING / 215 E. MCKWNEY / DEN TON, TEXAS 76201 ME MORAND(114 9 TO: Tom Shaw, Purchasing Agent FROM: Jack Jarvis, Fleet Superinte-odent DATE: Juiy 8, 1992 SUBJECT: BATTERIES (Automotive/Equipment) BID NUMBER 1393 OF the five bids we received, the lowest bid is Nationwide Battery of Fort Worth, Texas. My recommendation is to award this bid to them on a one year consignment program, Jac Ja Cvis ~1 1 If e (4 877 566.8200 D/FW METRO 434.2524 4 Aq(,,r1(f.1 hill DATE: 7/21/92 /4 7 ' CITY COUNCIL REPORT TO: Mayer and Members of the City Council FROM: Lloyd V. Harroll, City Manager SUBJECT: BID #1394 IRRIGATION MATERIALS A RECONDAD-QN Council approve award of bid #1394 to the low bidders par item meeting specifications: Pipe 'n Heads $4,807.11, Dentex Supply $3,746.58, and Wickham Supply $1,994.46 (see Exhibit A for breakdown of award by unit Costs). SUMMARY: This bid is for the purchase of Irrigation materials to be installed at the Evers Park athletic fields, BACKGROUND: Tabulation Sheet Exhibit "A" PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Parks and Recreation FISCAL IMPACT: Funds to pay for these materials are available from the 1986 Athletic Bond program account #443-031-ATHL-8813-9101. The end of June balance in this account is $303,568.17. Respectf y submitted: q . L' 1d Harr 11 City Manager Prepared by: ama: Ma A. 4arld-e--j- nfe A Ti tle: Buyer Approved: Name: Tom 1). Shaw 'T'itle: Purchasing Agent agenda. 289 i c ' 1394 (p. 1 of 5) 1 I I BID N I DENTEX I WICKHAM 1 PIPE 'N 1 BID NAME Irrigation materials I SUPPLY CO. I SUPPLY 1 HEADS INC. INC, I INC. 1 July 2r 1992 I I 1 OPEN DATE M (QUANTITY { DESCRIPTION I VENDOR I VENDOR VENDOR 1 1 (REDUCER BUSHINGS SLIP X SLIPS I 1 1 3 12.5 x 2" 1 $0.81 $0,70 I $0.7-8 I I $0.51 1 $0.44 $0,464 1 2 1 103 12 x 1,5" _ 51 1 I 1 I -----I----------$--00..--51--1- #0.44 1 #0.464 1 3 4 12 x 1.2511 4 1 4 I2---111--------------------- 1 $0,51 11 --$0.44 $0.464-I - - _ 1 $0.29 1 $0.26 1 $0.281 I I I----------------------------- 5 1 33 11.5 x 1.25" ---$0.29 1 $0.26 6 1 14 11.5 x 1„ I $0.29 I $0.26 $0.2-1 1 I I I $0.28 1 $0.25 1 $0.266 I 7 I 49 11.25 x 1° -------------------•-----------•---------_-I 8 1 16 11-x .75 I $0.21 I $0.19 I $0.200 1 I ITORO EQUIPMENTS 56 1 $198.50 1 $194.53 I 9 1 4 1189-•06-01 Vision 11 12 Sta. 1 $190. I $ 24.6451 $32.00 1 $3350-------------------- 10 I 138 IS614-02-09 Toro Heads $1212.90 .90 I $13.48 1 $14,046 I 11 I 49 157000-PC-3 Toro Heads Stainless $ ---57--.------------------------------------ I 12 12 1 2 1252-06-08 Toro 2" Elect. Valve I #60 $60.00 I ------$6360-, ------^--°----------------°---40.50._ - $ 1 I I-----------=--- 42.93- 13 I 33 1252•-06-06 Toro 1.5" Elect. Valve---------$38----.--88-------------------------------------- I IMISCELLANEOUS MATERIALS1 14 l 2 (PVC Glue (quart) $3.00 $3.54 1 $3.533 I> ---------X3.00-1---------#3.13 1 ------;a.zoa I q.1 15 I 2 1PVC Purple Primer (quart)-------I---------------------° ------------------------1 $1 1 \ } y 16 I 2 (PVC -Glue (gallon) '-Y-- 1 $13.00 1 $11.85 1 1.853 C 4 C . tl Bid 01394 I I I 1 (p. 2 of 5) ~ DENTES 1 WICKHAM I PIPE 'N J Irrigatior Materials I SUPPLY CO. l SUPPLY HEADS 1 INC. INC. I INC. I I 1 I l J 1- I N 1QUANTITX I DESCRIPTION VENDOR I VENDOR I VENDOR 1 ~.i _I I + ~ I I IMISCELLANEOUS EQPT. (CONT'D)t 1 17 I 2 IPVC Purple Primer J $13.00 $10.44 1 $12,978 I i 1-------------- 18 1 6 1.75" Teflon Tape, roll I $1.00 '--________I I $0.65 $0.943 I-----------------------------••--------°-- I I 1 19 I 2 JDuct Tape 1 $4.00 1 $3.05 1 $5.032 I IPVC PIPE - BELL ENDSr ----------------------.--_-_-_-----------------_I r 20 1 1300 LF 12.5" PVC Pipe Sch 40 l $0.65 1 $0,5028 J $0,506 1 f--------------------•_------------------------------------..---------------------- 21 1 200 LF 12" PVC Pipe Sch 40 1 $0.44 I $0.3189 $0.39388 22 J 2300 LF 12" Class 200 PVC I $0.27 I $0.2932 J $0.242 1--------------------------------------•------------ 23 1 1600 LF 11.5" Class 200 PVC 1 $0.17 1 $0.1584 I $0.15675 1 I_.----------------------------------•----------------------•----------------------- 24 l 1760 LF 11.25" Class 200 PVC $0.13 I $0.1.206 I $0,11825 I I i------------------------•------------------ 25 1 2700 LF 11" Class 200 PVC J $0.08 $0,0799 I $0.077 l f I------ 26 l 500 LF 1.75" Class 200 PVC I $0,06 $0.0602 I $0.06025-I ICONTROL WIREt 27 1 4000 LF 114 AWO OF-600V Underground/Whitel $0.04 1 $0,03261 1 $0,037088I 28 1 16000 LF114 AWp OF-600V Underground/Red 1 $0.04 1 $0.03261 1 $0,037088 1 I__---- -'--°i------------------•-I-------------- I---------$2.85 I io N t~ 29 I 10 1Dri-splice sealer I I -----------------------"I $2.691 1 n, ci 30 1 250 lDri-splice Cap and Crimp Rings I $0.35 I $0.36 1 $0.321 I (BACK FLOW: 31 31 1 2 JFebco 2" 710A ATM Vacuum Breaker I $42.50 J - $40.74 I $45.025 h 32 I 20 LF lCopper Pipe Type L 2" 1 $4.00 1 ~ $3,78 l $7.236 I V C 'a a 1. SY II ` V WICKHAM PIPE 'N Bid #1394 (p. 3 of 5) SUPPLYECO I SUPPLY HEADS irrigation Materlals ; INC. INC. INC. VENDOR VENDOR I IQURNTITY DESCRIPTION 4 VENDOR Il ^ I~- _ ~ 05 3 1 1BACK FLOW (CONY;D), -$4.95 $3.60 1 33 $64..374 4 Copper 2" FA Insert Type--- - $2.59 ^ ~ _ 2.50 34 $2.59 6 [Copper 2" 9o Deg. Ells $3.13 $4.795 95 l 35 - - - $12.677 4 Kopper 2" MA Insert TYPO-- 9.53 J _ 2 +2" Gate Valva 35 _ $2.47 ` __$3_.""37_5- ~ ' $2.85 ~ 37 4 1.75" Gate Valve $9 , ' FITTING HEADS, $6.50 1 $9,50 $9.735 38 138 ill, spears #5807-010-10 T&T _.-__-__------____$0.57 $0.459 u MI Sah PT X MIPT $0.54 ` 80 PVC Nipple 12" 50 x.75 ~ 1--------------------------------------- $0 39 0.37 $0.39 I -_-----$0-342 - $.37 40 150 x.75" Marley Brand Street Ell --J FITTINGS PIPE-PVC-SCHEDULE 40 ` 1 TEES, SLIP x SLIP X SLIP, $2.73 I -$2,39 , $2.548 41 6 12.5" - $0.773 A $0.83 $0.73 42 7 211 _ _ $0.826 $0.7'J l ^ _ $0.89 1 - 43 33 12 x 2 x 1.5" - $0.50 1 $0.532 1-------•---` $0.57 I f3 n 94 B 11.5" $0.438 l -----------$0.41-~ 1 w 45 4 ,1.25u $0.47 $0.26-1 - - `$0.28 -----------------------------------$-0.---30 46 3 - - TEES, SLIP X SLIP X FLAT, - $1.29 $1.39 $1.21 i 47 \ ~.1 37 +2 x 2 x - _ - i C { c e %a a✓ .E Fi n i • I I 1 ~ PIPE SJ 1 WICKHAM 1 Bid 01394 (p. 4 of 5) I SUPPLY CO- I SUPPLY I HEADS I Irrigation Materials i INC. I INC. I INC. I I I I .I VENDOR 0 (QUANTITY ~lDESCRIPTION ri FOR -i-- VENDOR 1TEE5, SLIPxSGIPxFLAT (CON7" D)i I $1.34 ~ $1.21 1 $1.29 1 r I_, I I 1-- 1 48 I 11 12 x 2 x .75" I ___I - 1 1 I-----_.. - 1 $1.10 1 $0.96 1 $1.026 49 1 23 11.5 x 1.5 x 1------------------------°- - -$1.10 ----$0.96 1 $1.-026_1 50 1 7 11.5 x 1.5 x .75" 1 1 1-----------------------------------------°$0.89 I $0.77-I--------$p-$0,826 51 1 28 [1.25 x 1.25 x _ $0.77 52 I I _ -_-^---°°----I.......... $0 $0..8953 -1---------$0.77-I-_ _-__826 7 11.25 x 1.25 cc .75" - $0.46 1 _$0.494 [ J 53 1 8 11x 1 x 75" ---1--------------------------$0.25 }-------------••------------$0.2^ [ I------$0_266-I 54 1 7 1.75 x .75 x .75" - 1 I 1 - 90 DEG. SLIP X SLIPi ELL $2.05 1 $1.79 51_.903 55 l 4 12.5" -1 $0.59`1 $0.626 I 1 $0.68 I i 56 1 66 12" - $0.397 1 I 1----------- _ 1 $0.42 1 $0.37 l 57 1 12 11.5" $0.40 $0.35 $0.373 I I I 1 _ - _ 58 1 12 11.2511 11 [ --__$0.2211 -$p.23 ~ $0.20 I (:(I 59 1 12 11" 59 Cd 1 ELL - 90 DEG. SLIP X FLATt $0.30 $0.26 $0.28 l I I 1 I 60 [ 40 11 x [ I-------------------------------i---------$0.16-- -----$0.14-I --_5-_14B-I ' a 61 I 5 1.75 x .75" COUPLE - $0.376 1 \ ( (A gJ 1 I COUPLE - SLIP X SLIPi 1 $0,40 1 _ $0.35 1 62 1 33 1211 -------------$-()-,-82--6- - - _'$0.77°1- 0 1 1 [ - - - I $0.89 63 1 2 12.5" V , C 4 a y. 4 ti i I I I I Hid #1394 (p, 5 of 5) I DENTEX I WICKHAM I PIPE 'N 1 Irrigation Matorials SUPPLY CO. I SUPPLY I HEADS INC. f INC. INC. 1 I .I 1 1 N (QUANTITY DESCRIPTION - 1 - 1 VENDOR I VENDOR I VENDOR I I MALE ADAPTERS, SLIP X FLAT: 1 + 64 1 4 12.5" $1.28 I $1.11 1 $1.186 1 I 1-----------•-------------------------------------------------•---•--------•---------I 65 1 6 12" 1 $0.43 I $0.38 1 $0.398 I I I-------------------------••--------------------------------------------••----------I 66 1 66 12.5" 1 $0.33 1 $0.29 1 $0.307 I I ALL TREADS - PVC SCH 801 67 1 6 x.75" I I I $0 ..--------._'18 _ 1 0.16 I $0.129 I I Grand Totals I $12,156.21 1 $12,344.57 1 $11,472.40 I 1 iocancv^.e.nenoec'=eevaucc=cnne~elvr_e ccenasavcnc=l I I I! I 1 1 I Deliveryt 1 5 DAYS 1 5 DAYS 1 3 DAYS 1 :o w !V N U .I v :i : AL 1~9 Allard,: Exhibit "Al' BID $ I I 7 1 1394 ( 1 to 2) I DENTEX I WICKHAM 1 p N BID NAME Irrigation Materials I SUPPLY CO. OPEN DATE July 2, 1992 I SUPPLY I HEADS I I INC. I INC. I INC. 1 (QUANTITY I -DESCRIPTION VENDOR 1 v_ I~ 1 + VENDOR I VENDOR 1 (REDUCER BUSHINGS SLIP X SLIP: 1 - I -I- l I 3 12.5 x 2" I 1 2 I 103 12 x 1.5!' I I $0.70 I 1 3 1 4 I2 x 1.25" I I $0.44 1 1 4 I 4 12 x 1" 1 1 $0.44 I 5 I 33 11.5 x 1.25" ' I $0.44 1 1 6 I 14 11.5 x 1" I $0.26 I 1 7 1 49 11.25 x 1" I $0.26 1 1 8 I 16 11 x .75" I I $0.25 I I I ITORO EQUIPMENT: I I $0.19 1 1 9 I 4 I189-06-01 Vision II 12 Sta. 1 I I $190.56 1 1 1 10 I 1313 15614-02-09 Toro Heads 1 1 ~ 11 1 49 IS70OC-PC-3 Toro Heads Stainless 1 .$12.90 I 1 $24.645 1 12 I 2 1252-06-Oe Toro 2" Elect. Valve I $57.60 I 1 1 13 1 33 1252-06-06 Toro 1.5" Elect. Valvel $57.60 I 1 1 1 IMISCELLANEOUS MATERIALS: I 1 I 14 I 2 JPVC Glue (quart) I I 15 I 2 IPVC Purple P.:imer (quart) 1 $3.00 J 16 I 2 lpvc Glue I $3.oD I (gallon) 1 1 $11.85 1 I I IMISCELLANEOUS EQPT, (CONT'D): 1 1 I I 17 1 2 1PVC Purple primer I I $10.44 1 18 1 6 1.75" Teflon Tape, roll I I 19 I 2 (Duct Tape I I $0.65 $3.5 I I I IPVC PIPE - BELL ENDSt 20 J 1300 LF 12.5" PVC Pipe Sch 40 J 21 1 200 LF 12" PVC Pipe Sch 40 I $0.5028 J 1 1 I I $0.3189 22 2300 LF 12" Class 200 PVC 1 I 23 1 1600 LF 11.5" Class 200 PVC ! I $0.242 I 24 11760 LF 11.25" Class 200 PVC I I 1 $0.15675 1 25 J 2700 LF 11" Class 200 PVC I I $0.11825 1 26 I I #0.077 500 LF 1.75" Class 200 PVC 1 I (CONTROL WIRE: f $0.06 i I 1 27 1 4000 LF 114 AWG OF-600V Underground/White) + I 28 116000 LF114 AWG OF-600V Underground/Red 1 1 $0.0321 29 I 10 1Dvi-splice Sealer I i #0.032661 I 30 I 250 JDri-splice Cap and crimp Rings I I $2.691 1 1 ISACK FLOW: I I #Q.3z1 1 31 I 2 JFebco 2" 710A ATM Vacuum Breakerl 1 $40.74 1 32 1 20 LF ICOpper Pipe Type L 2" I J $3.78 1 J V L~ I i1 l r Exhibit "A" 1 DENTEX I WICKHAM I PIPE 1 Bid 41394 (p. 2 of 2) I SUPPLY CO. I SUPPLY 1 HEADS 1 Irrigation Materials I INC. ( INC. I INC. 1 # (QUANTITY I DESCRIPTION 1 VENDOR I VENDOR 1 VENDOR J r I IBACK FLOW (CONT'D): I I I J 33 1 4 ]Copper 2" FA Innert Type I 1 $3.60 I 1 34 ] 6 Kopper 2" 90 Deg. Ella ] $2.50 1 I J 35 ] 4 (Copper 2" MA Insert Type 1 ] $3.13 ] 1 36 J 2 12" Gate Valve J 1 $9.53 J 1 37 ] 4 1.7511 Gate Valve I I $2.47 I I JFITTING HEADS= I I I 38 1 138 11" Spears #5807-010-10 T&T 1 $6.50 J 1 ] c I I M1PT x MIPT f I I 39 1 50 1.75" Sch 80 PVC Nipple 1211 J 1 ] $0.459 1 40 1 150 1.75" Marley Brand Street Ell I I 1 $0.342 ] 1 (FITTINGS PIPE-PVC-SCHEDULE 40 I I I I 1 I TEES, SLIP x SLIP x SLIPt I 41 J 6 12.5" 1 I $2.39 1 1 42 1 7 12" ] I $0.73 I I 43 1 33 12 x 2 x 1.5" 1 J $0.77 I I 44 1 8 11.51, I I $0.50 I 45 ] 4 11.25" I $0.41 1 ] 46 1 3 11" 1 ] $0.26 I 1 TEES, SLIP X SLIP X FLAT: I ] I 47 J 37 12 x 2 x 1" J 1 $1.21 I I I ITEES, SLIPxSLIPXFLAT (CONT'D)1 J I I I 48 1 11 12 x 2 x .75" 1 1 $1.21 1 1 49 1 23 11.5 x 1.5 x 1" I 1 $0.96 I I 50 1 7 11.5 x 1.5 x .7511 1 J $0.96 I 51 J 28 J1.25 x 1.25 x 1" 1 1 $0.77 1 1 52 1 7 11.25 x 1.25 x .75" J 1 $0.77 J ] 53 1 S 11 x 1 x .75" 1 ] $0.46 I I 54 1 7 1.75 x .75 x .75" 1 1 $0.25 ] 1 I 1 ELL - 90 DEG. SLIP X SLIP1 1 I I 55 1 4 12.5" ] 1 $1.79 1 I 56 1 66 12" I $0.59 1 I 57 1 12 11.5" I I $0.37 1 1 38 12 11.25" J $0.35 J ] 59 1 12 11" 1 I $0.20 I I J 1 ELL - 90 DEG. SLIP X FLATS ] I I I 60 1 40 11 x 1" I J $0.26 I 61 1 5 1.75 x .7511 1 1 $0.14 I I I 1 COUPLE - SLIP X SLIP: ] I I 62 1 33 1211 I $0.35 I 63 2 12.5" f I $0.77 I ] 1 MALE ADAPTERS, SLIP x FLATS I I 64 1 4 12.511 I I $1.11 I 65 1 6 1211 I I $0.38 I I 66 ] 66 11.5" 1 ( $0.29 I I 1 ALL TREADS - PVC SCH 801 1 I 67 1 6 1.75" 1 I $0.129 1 t' } - :CITY COUNCIL TT - T: T. - - - _t - - k- 1 - - - 0 P oQC- I - OOOO{ F y~QDQ__ O o° ~ n r~ -T T ~QQQQO T p N T - °aQacuacc~o~ r C- - ~t a J it 1 i ALL0001F a hlo. - ORDINANCE NO, AN ORDINANCE AUTHORIZING THE EXECUTION OF CHANGE ORDER NO. 7 TO A CONTRACT BETWEEN THE CITY OF DENTON AND MARTIN K. EBY CONSTRUCTION CO., INC.; PROVIDING FOR AN INCREASE IN THE CONTRACT PRICE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on May 15, 1990, the City awarded a contract for the construction of certain improvements to Martin K. Eby Construction Co., Inc. in the amount of $4,271,600.00; and WHEREAS, the City Manager having recommended to the Council that a change order be authorized to amend such contract with respect to the scope and price and said change order being in compliance with the requirements of Chapter 252 of the Local Government Code; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That Change order No. 7 to the contract between the City and Martin K. Eby Construction Co., Inc., a copy of which is attached hereto, for a total increase of Fifty-Six Thousand One Hundred Fifty-Ona and 74/100 Dollars ($56,151.74), is hereby ap- proved and the expenditure of funds therefor is hereby authorized. SECTION IT. That this ordinance shall become effective im- mediately upon it passage and approval. PASSED AND APPROVED this day of , 1992. BOB CASTLEBERRY, MAYORy ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAY+IITCH, CITY ATTORNEY BY: , B L A C K & V E A T G If 8400 WARD PARKWAY MAILING ADDRESS; P.O. BOX 8406 KANSAS CITY, MISSOURI 64114 CHANGE QROER Aileeria l1gm.. ~ CONYRACTOR M. K. Eby Construction Cu. CHANGE ORDER NO. 10 DATE 2121192 SPECIFICATION NO. 71.0000 CONTRACT FOR Lewisville & Ray Roberts Hydroeleotrio FILE INC. 71.0200 OWNER City of Denton, Texas PROJECT NO, 10686110667 PROJECT Lewisville & Rey Roberts H1 drooNoldo The contreot to hereby changed as follows; Dollars w Addition to the contract amount for: • TurbinaiGenaretor Rep6lro $42,481,84 • Lewisville & Ray itoborte. Bar Screen ModilioeNona 7,363.81 • Lube System, Snubber & Orifice Modifications at Rey Roberto 1,360.21 • Inspect Rey Roberts Penstock 2,206.61 • Erosion repair at Lewisville 4,104.02 Deduction to tho contract amount for tho City of Denton, Texos assistance to Eby at Lewisville. This covers Item 0 o1 Eby chdm letter doted 2119182. Total daduot (1,360.48) a Approve for BLACK & VEATC}I Nat addition of We order $ 68,161.74 Previous total additions to contract 39,710.26 Net total addition to contract 96,862.00 Original uontraot amount 4,271,600.00 (L Dale Net Contract Amount - ,88.}t+rmq t44.Z +t'3f.1 \i~' Say (Owner) cels"a'c'torr)n) . , Data _ 19 By Onto (_Q~19a ' A si f ~UC~f11 I~10. _ QQ~ l~~/~? DATE; 7.21-92 I CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager 9 SUBJECT: CHANGE ORDER #7 MARTIN K. EBY CONSTRUCTICN CO. (LEWISVILLE LAKE/RAY ROBERTS LAKE HYDROFI,ECTRIC PROJECTS) PURC14ASE ORDER #97167 ~d RECOMMENDATION: We recommend this change order to Martin K. Eby Construction In the amount of $56,151.74 be approved as presented. SUMMARY: Tbfs change order number 7 in the amount v $56,151.74 adder is the cumulative total of six activit es on the Lewisville Lake and Lake Ray Roberts Hydroelectric Projects. 1. $42,481.84 adder; Black & Veatch authoriz?d EBY to do the work at Lewisville with the understanding that the cost of EBY's work would be. backcharged against DBS, Turbfne/Generator supplier. This extra work took place during start-up and commissioning of the unit. This included welding, new valve:,, installation of flow guide and hydraulic bypass lines, seal oil and water leaks, stoplog, and miscellaneous items. 91. $7,353.64 adder; Black & Veatch authorized EBY to do design modifications to the bar screens at Lewisville and Ray Roberts due to fish being trapped during testing. 3. $1,356.21 adder; at Ray Roberts, Black & Veatch authorized EBY to make changes to the lube system, stoplog, scrubbers to pressure switch, and orifice plate on runner seal. 4. $2,206.51 adder; in order to expedite the start-up process at Ray Roberts, the City aittliorized EBY to spend extra time to Inspect the Corps of Engineers' penstock for any debris. 5. $4,104.02 adder; at Lewisville, Black & Veatch requested from EBY to do repair to stop soil erosion problem due to high water releases. 6. $1,350.48 deduction; at Lewisville, the City helped EBY in install an air switch on the substatfon. The Utility Department, Black and Veatch Enghiee::a and the Public Utility Board recommend at)provaf. 13ACKGROUND: Exhibit I Summary Cost Table, Change Order form Black and \ Veatch. 4 ; c 'a rf i. CITY COUNCIL REPORT JULY 21, 1992 PAGE 2 OF 2 PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Electric Utilities Department, Hydroelectric protects, Martin K, Eby Construction, FISCAL IMPACT: The funds for this change order will come from funds set aside for the hydroelectric projects, The revised contract amount is $4,367,462,00 on 2.2% over the original amount, Respectfully subm' d: 1,l yd V, Harreil City Manager Approved: Marne: Tom D. Shaw, C,P,M, Title: Purchasing Agent r agenda, 292 ~ dr ,I ~(JOllda No. , D Roo EXHIBIT I SUMMARY COST TABLE MARTIN K. EBY CONTRACT FOR LEWISVILLE AND RAY ROBERTS HYDROELECTRIC PROJECT ALL CHANGE ORDERS CHANGE ORDER, NUMBER (CON) CONTRACT($) ORIGINAL CONTRACT 4,271,600 CON#I, RR AND LL PAINT DEDUCT, BUTTERFLY SPECIFICATIONS, {96,31Q) ADDER DUE FERC REQUEST CON#2, RR WATER LINE EXTENSION AND 12" DRAIN LINE 102,781 CON#31 RR GROUTED RIP-RAP, DELETE FISH PLATFORM, ADD 60" VALVE 9,94.1 CON#4, RR AND LL BATTERIES CHANGE 17,177 CON#51 RR RIP-RAP GROUTING 6,150 CON#6, RR MODIFICATIONS TO SIPRAL CASE, (28.74) SWITCHYARD,ANS STAIRS; LL MODIFICATION TO THRUST BEARIFG CON#71 ITEMS LISTED BELOW: 5b,151.74 1. $42,481.84 FROM DBS CONTAACT FOR REPAIR AT LL 2. $7,353.64 FISH SCREENS MODIFICATIONS ' AT RR AND LL 3. $1,356.21 MODIFICATIONS AT RR FOR LUBE SYSTEM AND STOPLOG 4. $2,206.51 TO EXPEDITE TESTING AT RR 5. $4,104.02 REPAIR SOIL EROSION AT LL 6. ($1,350.48) DEDUCT TO HELP EBY WITH AIR SWITCH AT LL TOTAL CONTRACT AMOUNT $4,367,462.00 DISK6 F.BYTAB7 \ (4. - s iGITY { --..-COUNCIL 7 7 7 7 - - - - - - - - - - - - - - - - - - - - - - - - - y pp00990tif/pp~ o v ~ ~ O~aDOO ~ f ~ -oc , o ~r E3 7:. p Q J OF ~ 0 OOOO0~0~LIdGGQU~~~Ow. TIT t Rdc ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PUR- CHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EF- FECTIVE DATE. ° WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, including: items that are only available from one source because of „r patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclt.sive distribution rights to the ma- terials; need not be submitted to competitive bids; and WHEREAS, the City Council wishes to proc,are one or more of the items mentioned it, the above paragraph; NOW, THEREFORE, THE COUNCIL OF' THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the following purchases of materials, equip- ment or supplies, as described in the "Purchase Orders" attached hereto, are hereby approved: PURCHASE ORDER NUMBER VENDOR AMOUNT 25661 MOTOROLA CO PIUNICATIONS $ 35,950.00 SF ION II. That the acceptance and approval of the above items shall not constitute a contract between the City and the person submitting the quotation for such items until. such person shall comply with all rexuirements specified by the Purchasing Department. SECTION II1. That the City Manager is J --trc'. f authorized to execute any contracts relating to the items specified in Section I and the expenditure of funds pursuant to said contracts is hereby authorized. i` r. F SECTION IV. That this ordinance shall become effective: ately upon its passage and approval. immedi- PASSED AND APPROVED this the clay of 1492. ,>Yf BOB CASTLEBERRY, MAYOk ATTEST: JENNIFER WALTERs, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYJVITCH, CITY ATTORNEY BY: F " 11.ppflltlt il(!111._1c_.5 11;;0 DATE: 7/21/92 3 CITY COUNCIL REPORT `1'O: Mayor and Members of the City Council PROM: Lloyd V. Ilarrell, City Manager SUBJECT: PURCHASE ORDER #2,9661 MOTOROLA COMMUNICATIONS RECOMMENDATION: Council approve, P, 0, 25661 to Motorola Communications in the amount of $35,950.00 as prosonted. SUMMARY: This is a sole source acquisition of a tolephono interconnect terminal with related equipment and software. This equipment must be compntiblo with the existing Motorola 800 m#tz radio system. This hnlerconunoct will provide for three telephone lines to be added to our existing radio system providing expanded cellular teleplone capabilities. As Indicated In the attached memo, considerable savings will be generated by utilizing this system In lieu of rented cellular phone service. Current cellular phone users will be encouraged to switch to the new system. Other Interested partles are UNT Police, TWU Police, City of Denton Building Operations and Utility Water/Sower Fiold Services. Patont restrictions and software copyrights make this a high-tech sole source purchase and exempt from the bid process. BACKGROUND: Purchase Order 25661, Quotatlon from Motorola, Momorandum datod 1/22/92 PROGRAMS, D PARTMENTS OR GROUPS AF'F'ECTED: Utility Department Communications Division, Current & Future Users of CeJiular I-)hones FISCAL IMPACT: Funds for this purchase will come from 1991-92 budget funds account #610-080-0254--9227 Capital Improvements Radio Equipment. Current balance of ' $57,696.94. Respec ly submitted: 010 Ll yd Harrell City Manager Approved: Nano: Tom D. Shaw 'Title: Purchasing Agent agenda.290 z r I 14S IS A W I Ir us uwv I wv, j cl(NJ COQ FIRMING ORDER PURCHASE ORDER NO: 25661 (IF MARKED) Ills number must appear on all DO NOT DUPLICATE invoices, delivery slips, cases, ctns, boxes. packing slips and biNs. Req No: Bid No: DDLz) Date: 7--15--92 Page No. VENDOR PURCHASING 01V1SION/9018 TEXAS STREET /OFNVON, TFXA$ 76201 VAME/ MOTOROLA COMMUNICATIONS 81P71383-7100 o/EWMEFRO817/2670042 FAX81YI382.4692 ADDRESS 3320 BELTLINE RD. OEUVERY COMMUNICATION DEPT. DALLAS, T% 75234 ADDRESS 901 A Texas Street DENTON, Texas 76201 VENDOR NO. MOT52500 DELIVERY QUOTED FOB DESTINATION TERMS 1. 1 EA INTERCONNECT TERMINAL ;36020.00 $36,820.00 2. 5 EA CONNECT TONE DECODER $320.00 $1.600.00 3. 1 EA TELCO LINE INTERFACE $1,767.00 $1,767.00 4. 1 EA CABLE $103.00 $103.00 5. 1 FA SOFTWARE $900.00 $900.00 RFP COST $350950.00 I !A e1 Tr N is o oI ti TOTAL COST $35,9 VENDOR INSTRUCTIONS: T i D. Terns - Net 00 (Unless eu>erwise evocined,I 1. Send original invoice with duplicate copy. 4. Shipping Inslructlons: F.O.D. Destinatlon prapald (unless cthemiso opecakd) 2.O N to - Accounts Payabte b. No federal or stale sales tax shall be Included 216 E. McKlna%y 81. In prices billed - Denton, TX 76201 Purchasing Division vr•nmruT . C r:. Y. v ii !t I i Agi ldu It011t ee.3__ c~ Ma.r Rraalr>a P,O. ft x m W48 C&"W*#tbM WW Ekcknk, k,, PAge-9 ITMI {QTY bSgCbtIATiOlf $ UNxT NXT81tDBA 1. 1 T918RA jwMCONNg 'I` $36,820.DO QJ692b.p0 2. ¢ TERMINAL TLR-3016A COUXCT; 320.00 01,600.00 TDNB DBCOD$RR 3. 1 L1161A TlR1,AO LXHH j $1,767.0o INTXUACS $1.767.00 4. 1 M-21748 CABL8 10J.tltl 103.00 5' 1 SOPTWARB/,HIG1 "fR TMAL COST 900.00 g----p.j2 Up COST......... 061.190.00 r!1'9TALL/0PTTNrZXT;OH/OPTIOM $30$1,900.00 6. 3 T4057k OPT. spARa IFP COST.,,..,, $14350.00~14 pp .r.......•.,,.•$12,i97.Oq 1 I 10bt E, Algonquin lid„ SuflAUmburg, IL GO In Agertiia Ilom.-- - ` N% Rile CITY of DENTON MUNICIPAL UTILITIES 1901 -A Texas street/ Denton, TX 76201 M E M O R A N D U M TO: R. E. Nelson, Executive Director of Utilities FROM: Don Byrd, Foreman-Electric Communications DATE; January 22, 1992 , e SUBJECT, 80OMHZ Telephone Interconnect ecacceccoeecc=sacaeoa>ccc.cna=.c=vvicec=cocvvxae»ae=cccovva=eanvoo This proposal will provide THREE, telephone lines on the 80OMHZ radio system. An additional THREE, (total 6), lines can be added for $2,700,00. The city Communications Division does not provide maintenance and repair of cellular phones, but will provide these services for telephone interconnect subscribers. There are numerous cellular phones in use that could be retired after installation of the proposed system. Due to free air time between 8 p,m. and 7 a.m., it is very difficult to access the cellular system. The proposed system would provide several options not available with cellular phones. It would also eliminate the need for radios in places where telephones are located, 'Phis wold alleviate the City from purchasing additional cellular phones and paying monthly rates. The Cellular phone industry standard charges are: Monthly charge $35.00 Prime time per minute $ 0.38 Free air time 8 p.m. to 7 a.m. The following is an estimate of savings per month to those presently using cellular phones, Cellular User 800MEZ User Diff, Monthly Charge $35,00 $0,00 $35.00 Prime time Cumin. a 0138 $0.7.5 $ 0.23 8 p,m. to 7 a.m. $ 0,00 $O.Go $ 0.00 10 Minutes @Prime $ 3,80 $1,50 $37.30 20 Minutes @Prime $ 7,60 $3,00 $39,60 30 Minutes ®Prime $11.40 $4.50 $41.90 60 Minutes @Pri.me $22.,-.0 $9.00 $48.80 Don Dyrd,- -oreman-Electric Conununications DB:pl \ cc: Jim Harder, Directcr of Electric Utilities Ray D, Wells, Superintendent Electric Meteritig/Communications/Substations ` 01222154,WP y. CITY TIT T C®UNCII ~OOOOO°°o F aoooO~Oo o° . o oo: ~ o L p Q a C7 _ - 4 00000 y f v ~ *O°J Op H, z p_ ~~a(1CdOGt1~~~0 - - tY ORDINANCE NO. ( Q p (i / / + AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD I OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated com- petitive bids for the construction of public works or improvements in accordance with the procedures of state law and City ordinances; and 4 WHEREAS, the City Manager or a designated employee has receiv- ed and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or im- provements described in the bid invitation, bid proposals and plans F and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the following competitive bids for the con- struction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as be- ing the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 1338 GRACON CONSTRUCTION COMPANY $8,647,000.00 . SECTION II. That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, after notification of the award of the bid. SECTION III. That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvement: in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Propos- als, and documents relating thereto specifying the terms, condi- f, O~le 1 tions, plans and specifications, standards, quantities and speci- fied sums contained therein. SECTION IV. That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council here- by authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION V. That this ordinance shall become effective im- mediately upon its passage and approval. PASSED AND APPROVED this the day of 1992. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: t_ DA'L'E: 7-21-92 CITY COUNCIL REPORT / TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID #1338 - PECAN CREEK WASTEWATER PLANT EXPANSION RECOMMENDATION: We recommend this bid be awarded to the lowest bidder, Gracon Construction Company ("Gracon") for the expansion of the Pecan Creek Wastewater Treatment Plant to 15 MGD in the amount of $8,697,000.00 including a $50,000 deduction for deleting the Grit Removal Chamber Bypass. This project also includes the necessary Improvements to meet the TWC and EPA permit requirements. City Staff, Alan Plummer and Associates, (Engineering) and PUB recommend approval, SUMMARY: This bid is for the expansion of the Pecan Creek Wastewater Treatment Plant to either 13 MGD or 15 MGD. Th) inw bid for the 15 MGD expansion ($8,697,000) is below the estimates for the 13 MGD expansion ($9,100,000). The expansion to the 15 MGD was planned for completion in 1997. By constructing tho 15 MGD expansion at this time $3,080,000 can be deleted from the 96' and 97' CIP. The Grit Removal Chamfer Bypass deletion does not effect capacity and was designed as a convenience type alternate only. All parties involved recommend this deletion. Gracon was the successful contractor on the 1985 Wastewater Treatment Plant Expansion. BACKGROUND: Tabulation Shoet, Minutes from Public Utility Board. PROGRAMS9 DEPARTMENTS Olt GROUPS AFFECTF.D: City of Denton Municipal Utilities, Alan Plummer and Associates, Gracon Construction Co. FISCAL IMPACT: Current funds available for this project In account number #070- are $1,022,636,00. The balance is intended to come from 1993 CIP Funds. This Is it multi year project and was begun in 1991. Respe ally submitted: Ll yd -liarell City Manager A proved: Name: Tom I), Shaw, C.P.M. Title: Purchasing Agent agoluia.293 i' c n PECAN CREEK WASTEWATER TREATMENT PLANT BID TABULATION 2 3 4 5 6 7 RRAOOR W7TINx ~sr sAH TF51p~E aolfSTRVOnCN aaife me 1sMaHE CA,n7N awuo, CO MP TTIUOTIQN CONSTROCTOM A98OCIATES OOMPAMY CONTRACTORS FHEFREIO ANT) M.W. 1, IN ADDENDA 141 O C _A081114. NC B Q ACKNOWLEpOE0 Y Y YES ESYE9 YES YES_ E9 BID BOND E CL09YES YES _YES IfEM61-11 ES 8 ES Yf9 58,887 000 00 59,852 BB2 60 58,881 N5 00 YES FS ITEIAI6~---- 533000000 510611,54520 510681,34500 0000 ITEM 18 =81000000 :180,000.00 552 00 __00 $11,897 00000 5200,00$650,000 00 0 00 - f 335d100A0 =280,00006 5276,000--' 5614000,00 f55JA0000 220.00000 5300,0000.00 =320,000OU 5270.00000 =285.00000 $230.00000 $220.000.80 71285,000 00 006 600 5150,00060 . - 570 00000 00000 $113,00000 IOQ 06000 =115000,00 . 580000 ITEM}p O ITEM 20 - - 586,00000 NO HID - - - f 72,000 DU 1 D 000 00 NO BID 571 000.00 000 00 $88 OOQ00 . 58,891 000.00 NO BID NO ITT) E15MCGID D No eln No BID No dm $8,862 882.60 _ $9,881,146_00 NO d!., 510 611,645 00 - 510.591 345 00 _ .510 738,800,00 -}10 745,615.00 117.1147.000 00 - - LBB 58,323,882.60 _ 58.8/1,}46.00 000 00 -ITEM 19 . _.__-47 000.00 8825058.520.51500 310 858000D-I M19 - 1.10,161.646_00 --___-._5}0618.31500 f1D,EB2~800.00 E10876515.00 97000.00 82338 260 T81 6.00 838861500 9 2531500 - _:.._$11811,000,00 17 IT 8 57 800,00 F9,460,645 UO 0 57 DO0,00 m X T~ iv` w cU ~r 1 I t v HEM JL C' 5 JULY 16, 1992 PUBLIC UTILITIES BOARD Ar,E=A ITEM TO: CHAIRMAN AND MEMBERS OF THE PUBLIC UTILITIES BOARD FROM: R.E. NELSON, EXECUTIVE DIRECTOR OF UTILITIES SLU`jeCt: CONSIDER APPROVAL OF BID NO.1338 FOR CONSTRUCTION OF TER PECAN CREEK WASTEWATER PLANT EXPANSIt6N TO GRACON CONSTRUCTION COMPANY IN TEL AMOK OF $8,647,000. RECOMMENDATION The Utilities Department Staff and Alan Plummer and Assoc„ Constructi Inc. ("Engineer") recommend approval of the low bid by Gracon Gracon Creek Coewatempan Treatment Plantoto15 Mexpans GD fot of the Pecan $8,647,000, This amount includes deduc nD i n the amount of Grit Removal Chamber Bypass, (Exhibits I and $II). for the SUMMARY Eight bids were opened on July 2, 1992 (Exhibits III and IV), The bid was arranged so that either the 13 MGD expansion or the 15 MGD expansion could be awarded. The bids ranged from $8,697,000 to $11,697,000 for the 15 MGD expansion and from $71847,000 to $10,656,000 for the 13 MGD expansion, The low bid for the 15 MGD expansion is well within the construction budget for the 13 MGD expansion; $9,100,000. The expansion to for improvvementsa owdwill allcompletion in be deleted Constructing hthe 96' and 97' CIP, , Item 19, the Grit Removal Chamber Bypasso ran f $50,00 to $90000. Gracon submitted the $50,000 bid fordtbjodeductiv0e alternate. This item does not affect capacity, It is for convenience only, Both Staff and the Engineer recommend deleting this item. Deleting Item 19 results in an amount of $8,647,000 to the low bidder, Gracon. Page z y- PUB Agenda Item BACKGROUND Gracon is the low bidder on both the 13 MGD and 15 MGD improvements. Gracon has stated that they omitted $410,000 for the instrumentation bid. Gracon stated in writing that they would have no objection if the bid waa awarded to the next low bidder. They also state that if ':he City were to ° award the bid to Gracon for the bid amount, they would "do [`heir} very best to build the plant in a manner acceptable to [the City]." Gxacon's bid is $955,882.50 less than Eby's bid for the 15 MGD improvements. Gracon has worked for the City and the Engineer in the past. They constructed Denton's 1985 Wastewater Treatment Plant Expansion. Both Denton and the Engineers have been satisfied with Gracon's past performance. The bids are much lower than expected. The Engineer's estimate for the 15 MGD expansion was $11,000,000 and $9,180,000 for the 13 MGD expansion. Staff proposes tilat it is in the City's best interest to construct the 15 MGD expansion at this time. Possible factors leading to the lower bid amounts are: • The economy • Gracon's past positive experience with the City of Denton • Thorough, well developed bid documents, plans and specifications. AGENCIBS AFFECTED Citizens of Denton, Denton Municipal Utilities, Alan Plummer and Associates, Inc., Gracon Construction Company. FISCAL IMACT The low bid is $8,647,000 or 4.98* under the 1993 CIP Construction Budget of $9,100,000 for the 13 MGD expansion only. The 15 MGD improvements were originally proposed to be constructed in 1997 with an additional budget of $3,080,000. The City can eliminate this amount from future CIP's by constructing the 15 MGD improvements at this time. The Total Project is $119,800 or 1.13$ under the 1993 CIP Budget for the 13 MGD expansion. See Exhibit V for detailed analysis. r= iF v ' Ft k{ Prepared by Submitted by z_ Gerald P. Cosgrove, P.E. R.E. Nelson, Engineering Administrator Executive Director of Utilities Approved by c V4/ Lee K. Allison, Director of Wa ngineering and Operations Exhibit I. Engineer's Recommendation II. Gracon Letter III. Bid Summary IV. Bid Tab V. Fund Analysis VI. CIP Detail sheet VII, Project Location VIII, Project Considerations A 1 s A~anda ltem_~ S ~ AFT 457-04204 t July 8, 1992 Mr. Robert B. Nalspn, p,)a, Executive Dir wr Denton Mualeipal Utilities o 215 But McKlnacy Sant Demton, Texas 76201 Rt pecan O"k Wastewetar Treatment Plant Improvements Deer Mr. Nelsons. 13*1 bids were received on July 2, 1992 for construction of the 'lie Mmt Plant h»paovaments, A summ Pecan Creak Weataweter a')' of ft bid uibuladon is unclosed, artooa Company (Greeon) of Mesquite, Texas submitted the low total bid of $s,6971000. ~7raron also submitted the Lowest total bid including the deductive alternrtdves of 57,797,000. 01100-11 total bid is almost 51,000,000 Lower than the second bidder and when ail the deductive alternates AM included. over $40000M Lower In re•evtiuadnR their bid that a c$ error was made, but has not s Oracon has dam mined their ~~b1100 ~~8 this mater isre,qtaohetOdd. that their bid be withdrawn, A copy of ~CO1J' od is this type of work and has performed succosrfuLRy on ""'Oul ProfOM th tougho Plant, t the state, ottent at Plan including the last expansion project at the lag dedtrcdve ~tprnvatst, We, therefoty, r~mend award of the total project, 19 $8,647,000. We do not believe(tthheeflwBasin Bypass), to Ciracan Canswcdon Company for worth the $30,000 bid for this Item, bilky offered by being able to bypass the grit basin is EXHIBIT I is , Mr. Robert B. Nolwa, PAS, y Pap 2 JulY 8, 1992 v I If YOU have any quesdons rega%jinp this matter or require any a"tional irsfformadon, plea let me imou. 3inoenly, o ALAN PIXWMBR AND ASSOCIATES, INC. AA Lde Head, IM P.BA john X Cool; P.B, Eft"Ure AD.> =da 0°. Mr. D.ee Allisca, Dines of Em8d►ecritg, City of Denton, Texas Mr, Howard Martin. Dire= of Envis nml Opamdons, City of Denton, Texas Mr' hm " 4. Qmvm Chm Consauodon Company, Mesquite, Texas A r i i MAILINO ADDRESS, A,O, BOX $50716, Fix, (21 July 7, 1992 ,11 ESQ Tg, TEXAS 7alda~o7s6, PHONE (214j 4)212~iS12 222VJ3 $42 Alan plu="r ead Associates, no, 210 West HIM Street, Butte 400 Fort Worth, Texas 75102 Attnt Las Xesd Rol Pecan Creak Wastewater TreatMent Plant improvements City of Denton, Taxes Gsatlament We have reviewed our bid for the pecan Crook Wastewatsr Treat- ment Plant and find that we omitted the low bid of Moacon, Ina, for instru=Wtation in the amount of $410400.00. This li the only error we find that will explain the spread between ours and Eby Constructions bid, if the City of Denton feels it in in their beat interest to award the contract to !Eby, we would have no objections. Also if tbsy award the contract to Graoon Construction, ino, for the mount at our bid, we will do our vary beat to build the plant sn A Mmor acceptable to you and the City of DdAt=6 Very truly yours, OXACON CON1lTRUCTION, INC, is 0, Or "a, Presidant JCG/as 001 Cityy of Cant= Attn1 LIS Allison EXHIBIT II STREET ADDRESSI 4343 SOUTH DS,L,TLINE, MB.SOUITB, TEXAS 75191 ~I ii iprpm -l h:n.._~02 11cip *CO 47> PECAN CREEK WASTEWATER TREATMENT PLANT BID SUMMARY BID AMOUNT 210DER 13 MGD 15 MGD EXPANSION EXPANSION i, Gracon $7,797,000,00 $8,647,000,00 2, Martin K. Eby 8,233,882.50 » 9, 562, 882, 50 3, Bar Constractcrs 8,776,145,00 9,816,145,00 4, Temple Associates 9,336,545,00 10,451,545,00 40 5. 1'he'Lemoine Company 9,125,345,00 10,519,345,00 6, Cajun Contractors 9,457,800.00 10,662,800,00 7. Craig, Sheffield and Austin 9,450,545,00 10,675,545,00 8, M.W. Builders 10,570,000,00 11,611,000,oo 9, Englneer's Estimate 9,180,000,00 11,000,000,00 10, Budget 9,100,000,00 13, 010. 00o, 00 Notes: 1, Bld amount does not Include price for deductive alternate, Item 19 Grit Removal Chamber Bypass, 2, Budget amount for 15 MGD Expansion Is in 1992 Dollars, EXHIBIT III 5 n r ,IUIy 16, 1992 13 AND 15 MGD EXPANSION IMPROVEMENTS IouidjN6 .,~al ")a PECAN CREEK WASTEWATER TREATMENT PLANT A.n.ndallon~. 4S r (1993 CIP PROPOSED) - FUND ANALYSIS % WW TREATMENT BOND STATUS COMP, $ x1000 FUND SOURCE o 93 - 0470C06 TRANSFER fROM 1997 CIP $10,596,0 ' 97-0470C06 (1992 Dollars) 2,828.5 ~ TOTAL FUNDS 1314247 EXPENDITURES Design (13 and 16 MGD Pre--Design) 884.4 Uprate Analysis (Contract) 100% 81.a Prel. Design (Contract) 100% 105,9 Prel, Design Sp, Serv, (Contract) 100% 41,8 (13 and 15 MGD Design) Detali Design (Contract) 100% 559,0 Del. Design Sp, Serv, (Contract) 100% 96.0 Testing Construction (Contract) 100% 11.3 13 8, 15 MGD Impr mnt(Bld) 8,647.0 9,092,9 Electric Improvements (Estimated) 0% 100,0 and Transformers C.O. Contingency (4%) (Estimated) 0% 345,9 Insp./ContractAdmn, (Contract) 5% Construction Testing (Estimated) 0% 417,6 i 70.0 TOTAL EXPENDITURES AMOUNT OVER/(UNDEp) BUDGET $10,476.2 ($2,948.3) -21,9696 Staff Design Efforts Staff Construction Efforts $22,00 52,00 Total Project Cost S10,553.18 Total Amount Over (Under) Budget ' Due to lower than expected constructlon bid amount, transfering 1997 funds87t,35} to 1993 will not be necessary, 97-0470006 may be eliminated from the proposed CIP, fnda131'5.wk3 EXHIBIT V j' ii C r 399; CAPITAL !MP• •OV EME11T oPpJcC I # (13-0470C08 '•VWTP iJPGRADE - 3 MGu ~~Innrla P1o..__~ ° 40? ~ .')7MATED COST; St0596 rx 10001 /J VALUATION SCORE: hl)carla Items GROUP A ~coC^IPTION: This orolect addresses the necsssarv irrioro a nen s oShe GWaste atlerlnl-~ Treatment Plant reculred to meet new TWC and EPA oermit reoulrements and to expand the capaclry to 13 MGD. PU;POSE; TO expand the caoaclry of the WWTP to keep pace with increase due to growth and to achieve comollance with more singent permitflow required by the TWO and EPA. + -COST CALCULATION: From the January 1992 'Opinion of Potential Cost by Fiscal Year, prepared by APAL FUNDING REQU1REMENTS;CASH FLOWS/ENCUMBERANCES (in Dollars x 1000) ENO EXP ENO EXP ENO EXP ENC EXP ENC EXP ENO EXP 1943 O 7090 1325 N S25 D A 524 M 524 J 524 J 524 F 524 524 524 A 524 8 S 524 1994 0 1460 162 N 161 D A 161 M 161 J ; 161 J ; 161 F 161 M 161 ; 161 J A s ; 1995 0 r N ; A M J F M A S ENCUMBERANCES BOND AEV AID OTHER TOTAL CASH 9XPEND17URES BOND REV AIC OTHER TOTAL TOTAL 1ST YR S7090 $0 s0 $0 $7090 TOTAL 2ND YA $1480 s0 s0 s0 $1460 $7090 s0 $0 s0 $146 s0 $1450 $1460 $0 TOTAL 3RD YR SO $0 SO $0 $0 $0 $0 s0 0 GRAND TOTAL $8840 S0 S0 s0 SO SO SO s0 J Stl s8640 $8540 $0 $0 $tl $8640 J ENCUM89RANCE DATES; Encumbered as spent PHASF. DATE AMOUNT Prelim. Engtneehng 10190 Engineering Design S 188 Insoectlon/Admin. $191 $700 Construction $0 Miscelianeous s/92 S82 200 ENCUMBEAANCETOTAL COMMENTS: $10596 This is a multiyear project beginning in 1991 Encumberances:Prior to 1993 5 2A56,000 Total Project eudgmurrent CIP 5 8140 00 $ 10,596.000 3!8192 15:54 EXHIBIT VI C AL IMPROVEMENT PROD CE T 9 OCR PROJ TITLE; ryVTP UPGRADE - 15 MGD %hk ESTIMATED COST: S3610 flfliqda 11c;n~_~S ti_ {x loon) u,10 DESCRIPTION: GROUP ASSIGNMENT: 2 X72 7 This project addresses the necessary improvements to the WWrp required by TWC and EPA permits and to expand the capacity of the plant from 13 MGD to 15 MGD. PURPOSE; To expand the capachY of th andiomeettheTWCandEf e WWTp permitrto keep pace with protected growth equkements. o COST CALCULATION; From the January, 1992 " Oplnlon of Potential Cost by Fiscal Prepared by APAI Y cal Yaar FUNDING REQUIREMENTS: ENCUh18ERAN First Qtr. CES/CASH EXPENDITURES {In Dollars x 1000) Second Qtr. 1997 E50 EXP ENC ExP Third Qtr, Fourth Qtr. 30 2390 ENC EXP ENC EYP 1998 1170 294 0 798 0 797 0 795 1999 0 0 294 0 291 0 0 0 291 0 0 0 0 r I ENCUM13ERANCES ' BOND R AIC OTHER CASH EXPENDITUREs TOTAL BOND REV AIC OTHER TOTAL TOTAL 1STYR $2440 $O $O $0 $2440 TOTAL 2ND YA 1170 TOTAL 3RD YR p $2440 50 $O $0 $2440 GRAND TOTAL 53810 0 0 0 1170 1170 p $0 0 0 0 0 1170 , $0 $0 $3610 0 0 0 0 0 ENCUMBERANCE DATES: $3810 $0 $0 $0 $3610 PHASE cumbered as spent, I 1 DATE AMOUNT General Purchase 1 Engineering Design $3610 InspecyloNAdmin 50 Constructfon 08 480 Miscellaneous 3080 r ENCUMBERANCE TOTAL $3810 j COMMENTS., This Is a mutt-Year protect beginning in 1997. Encumberance Prior to 1997 Current CIp $ 0 Total Protect Budget $3.610.000 53,610, p00 319/92 19:88 Pg ra I l I1 PAO of/ ` Lard ` TOY • . SANGER S- 4 4 U .V Y 1AU8REY A KRUM 11 ^'J. iAUGSn`VIILc ~ PecA C Laos ~ ~aRicoLN 1 wrP~ i ~r+ / kriq CROSS RGAOS C~ 'r POND" y.'~r-~T! _t OAK POINT r ~ HADY- CORINTFI NA r~ r NORTHLAKE HICKO E _L4 :REEK 7 ARME ~A CAI COPP" CANYOk JUSTIN \ THE COLOW HIGHLA BARTDNVILLr\J VILLAGE LJMIIM11f1 ~OUflLE OAK LCR1! ✓:LOWER MOUND y i LEVASVILLE ~~avrns Cars l / - CAAROLLTON T A R R A N T O U N T Y J 0 A L L A 3 0 U N EXHIBIT" VII t st {t PROJECT CONSIDERATIONS • Bid was arranged s expansion o that either the 13 MGD or 15 MGD recommend could be awarded. Staff and the ommend Engineer that the 15 MGD expansion be • Item 19 constructed. the Grit Chamber Bypass should be deducted. • Gracon is the low bidder an amount of $8,647,000, on the recommended project for c • The 15 MGD expansion is $119,800 or amount budgeted for constructen 1'13 u the Cip, g the 13 MGD expansion in Gracon indicated that they omitted $410,000 instrumentation from their bid, for • Gracon will do their v manner acceptable to ery best to build the objections t you However, Gracon will lah in no contract s the City of Denton were to have he Martin K. Eby, award the l EXHIBIT Vlll Y. 1 ~gcnda No. ll.,)Crlil~] Mont 9+J #tp 5. CONSIDER APPROVAL OF BID #1338 FOR CONSTRUCTION OF PECAN CREEK WASTEWATER TREATMENT PLANT EXPANSION TO GRACON CONSTRUCTION COMPANY IN THE AMOUNT OF $8,647,000. Nelson introduced this item explaining the expansion to 15 MGD was estimated at one time to cost $22 million with the Utility's own landfill; then it was estimated to be $17 million without the landfill; then Alan Plummer was hired and it was estimated to take $9 million to upgrade the plant to $13 MGD, $11 million to get the plant upgraded to 15 MGD. The bid from Gracon Construction is $8.7 million and staff ° recommends approval of this bid. Martin advised that $410,000 in instrumentation was omitted on the bid, but Gracon decided to continue the bid at $8.7 million including the instrumentation and move forward with the project. Dave Ham will be project manager of this upgrade and will be officed at the plant. Board Actionr Coplen made a motion to approve the bid of Gracon Construction Company in the amount of $8.7 million for upgrade of the Wastewater Treatment Plant. Second by Frady. All ayes, no nays, motion carried. C 4 C k f CITY COUNCIL 44 _ ooooaooaooQao~oo F 1) Ell C O !Z3 V= -~aOOOyr~ V t ~*~vV t ~Q~40C~GGODpQ~ I r, i A{lenda No, yy'- Agenda I,l~Jmn. N, CITY COUNCIL REPORT FORMAT Dale TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Square Parking Ordinance and Revising Public Handicapped Parking Ordinance 9 RECOMMENDATION: Recommend Approval of Ordinance SUMMARY: The ordinance established parking zones that encourage high turnover spaces around Square yet established some longer term spaces for employees and consultation type businesses BACKGROUND: Traffic Safety, Central Business District Association, the Downtown Parking Committee, and City Staff have worked for about two years to get this plan which have been considered acceptable to all who become involved. PROGRAMS, DEPARTMENTS,-ORGROUPS AFFECTED: Citizens, Business owners on square, Police, Engineering and Transportation Department, central Business District Association and Associated groups FISCAL IMPACT: We estimate about $3,000 W $5,000 for remarking and signing costa AEE00168 4 t, ~I ,t F, CITY of DENTON, TEXAS 215 E. McKINNEY / DENTON, TEXAS 762011 TF.LFP1iONE (617) 566.8200 P M E M O R A N D U M TO: Mayor Bob Calst:IC;)vt'rY cutd Members of Lhe City Council ~ FROM: Jana Biles, Main St.revi, ~!azlli+ev DATE: JuIv 14, 1992 SUBJECT: Proposed pnrlting ovd].nancc, The Main St:,reet. Parking CorrlniiLLee, at division of the Downtown Developtlienl; Adv;i.sovy Board, has been aiol;ive since May 1990 researching parking manw4cment, soluL.ions l'or the downtown area, This effort. re',SSUI ted in Hie publ icat ion of Lhe "Mitin Street; Parking Survc~~~" in December 194)1. Two of t;he veconuuendatl;iow: of that survey are; I l) To inc,ronse pitrking dine lirniLs in cerl.ain areas from two Lo four hours and, f2} Re Iocit ic hand iraiplrorl spaces Lo bc• moro couvollienL t.o Lhe newly ins1,nIIed hand icupped rnml's., 'I`liv"o recomnleridat..on s regtit re ado pl, ioil or tin ordinance for iTrip 1emenLatioti, The concept; of iucI-vwiel pa rkingy rim, -1 units wid re lconting tlik, handicapped spaces wars presen(,od au,d discussed pl; an open public Coriuu, sponsored by eke Pnvkinq C'onuail,tec, on OC•.Lolvor 29, 194)1, ovot- 50 ciLixen:; were in arl I'vildit1we tri t!tvri feedl,atclc Lo 1,1) o conin it,Lee ,is L h o y Cinal]zr'(I preparation r•I' the sul•vey and recornmendai ] cans . Bus i ru ss owner,; sipp] auded t'he r elocral. i Un o)' Llie hatndi.cal'pf ed spaces as being lnuch more convenicut Lo I;llc ramps bit 1, reconlmanded that the incroataed Lim[, I i[111I. on park i]ig in des it;natee] airoeu, be chnni;ed I'roin t. he ori";'inal lv propuws d eit;hL hour:- Io four hourt,•'f}IC roconu11wridatt,iou vats charmed Lo I'(41>c1, (Ale tglshc;; oC IAw pleb] ic. Thr` Pft1,k i niy Comill i L LCO 1.111;uk I Inrlus I v ndopl ed [hr' a.ur'vey lira ) I i ncludi it L! I] w abovo won L ioiwd i ecommendatL ions, i n Nov cunirer, 1 991 fhe ( lrnI't. w, IS; I hen 1) ro v111 or to acid arlc,I)LrrI by the Dot:III oA,n Ilc, veIelpwo11t AIviseIIyy 1Ioarrl in J;iiiliary 1992, and s.en to Phr, 1rrinIei for publ irit I inn and Ii: Lrihot ion, t v. sj !1 A{3on(ia Aqvtda Plsm._g~5 Oulu _ /-1 •2i parking, pg. 2 In IN lit y 19921 Jerry (;3,It rk Director of C,nL;ineor.irtg and TranspoI, Lai:ion, presented they re co nun en(I aLiorts requiring an ordinance Lo the Denton CerrCraI Pusiness 1)isLrict Assoc .iii Lion . The pikill was nn it niIll oti sly approved and Mr. Clark was advised by the a Association to proceed w.t;It draf1,Lit If, Lhe ordinance necessary Lo i ntp3 emeni, Lhe recornme ndnt i, OnS , Tit e ordinance teas drafted and approved by t he C,iti z(' rts 1'raffi.c Safety Support Commission Jtrne 1, 1992. Ja ~ 33iles, Main. t,reel._ ~lanrt~cr xc: 1110yd ill) i I CiLy Manager Frank Robbins, L,xecuIL ive Di re cLor of 11 anninl; and De veIopmenL JoI-ry Clark, 1)irccLo r of Engineeriill! and TransporLaLion } s. r DENTON I1 t L , , 1--$IWY ARA PkH IIIINARY yf IE+ ---1 1 ~ I 1 1 - , I - o OAK +1 1 I l 1 re, LI Cf~iD m a 7, ; k 4 IIOUR PdRA7NC 2 HOUR PARI0.Ni i V `M 0 d 1 I 1 f-.l OUHPaM r I A 11t418YOkYCR t I 0 C.I t) a `IDP 7AN8 3 I E-rECKortIII• I tQj ro_ i _at r ~ I r3i » i 1 , I + 11D) fCl 1 I ID ;.1 '1 WALNUT m V i r`aors`„__ e -----r-. 1j---'(r r r_T _ rrr rnr_rr STLDY AWA N 5 oer a on oWMK uo teueWEOai aPr. 17 11,jo.i0i hl6. /l~..r.._fG~~~..... DENTON CENTRAL, 'RATCENTRAL, IIUSINESS DLSTRICT ASSOCIATION, L 'z INC, ' Minutes of the May 13, 199`2 Meeting ,Sy 17 Members Present: Geneva Berg, Bub "Tripp, Stephany Compton, Kathie Smallwood, Bill 'T'homas, Berta George, Jane Biles, Sharon Jeffries, Blanton Ray, David Koontz, Judy Selph, Richard White, Gayle Cates Guests Present: Jeanne Ford: Jesus Nava, Assistant to the city :Manager; Dan Nlartin, Ridgemont Narking Systems, ,Jerry Clark, David Ayers and Paul lwuchukw'u, City of Denton Traffic and ingineering, 1'he meeting was Called to order by Judy Selph, Vice President, The treasurer's report was presented and introductions were made, a Jeanne Ford of Banners Unlimited displayed a 10' banner with changeable letters which is available for a limited time for $139. CBDA will discuss a possible purchase later, Jane Biles Introduced Jesus Nava, Assistant to the City Manager, who presented a plans for a joint effort between the City of Denton and the Greater Denton Arts Council to clean up the exterior of the old power plant at the corner of Hickory and Bell, Jane Introduced Dan Martin of Ridgemont Parking Systems, who gave a brief overview of the parking survey and his recommendations, The Main Street Parking Committee will address the survey and recommendations and develop a plan of action, Jerry Clark, Director of Traffic and Engineering for the City of Denton, presented plans for changes to parking around the Courthouse Square for final input from the CBDA. There were no objections from the membership. Jerry invited everyone to attend the next meeting of the Traffic; Safety Commission on Jllne 1, where the parking plan will be presented and, hopefully, approved so that work can begin, Discussion continued on the purchase of the banner, led by Jane and Gayle Cates, Rlchard White moved and Bill Thornns seconded that CBDA pny for half of the banner and Main Street pay the other half, as suggested by ,Jane, Motion carried unanimously, , A motion was made to pay the annual dues for membership in the Texas Downtown Association and seconded by Dan Martin*, Motion carried unanimously. Sharon Jeffries volunteered to work the CBDA booth at Dad's Day Downtowri but will not be In charge, There were no volunteers to coordinate booth participation, The County Seat Saturday Committee has requested permission to charge 1076 of sales of all CSS vendors in addition to booth fees to increase the CSS budget, The item died for tack of a motion, The next CSS meeting will be 'T'uesday, May 26 at 7:45 a.m. tit The Homestead, Meeting was adjourned, C k~ Al or d'1 NO, Acv,,~da lain (ratn 9?- CTSSC MEMO 7 May 28, 1992 ITEM 2 CENTRAL BUSTNESS DISTRICT PARKING; ORDINANCEi This area has been under discussion for about two years. CTSSC has been involved in the major conceptual decisions for the Square and the one block of surrounding area. The final. proposal is now being submitted for ordinance consideration. A final vote of approval was given by the Central Business District Association on May 13, 1992. The vote for approval was unanimous. The enclosed parking scheme has five major components. 1. All parking directly on the Square is proposed to be 2 hour time limit to encourage turnover so the businesses will have o accessible spaces. 2. The four handicapped spaces shown provide one handicapped space on each block for the outside of the Square (near the businesses). The spaces are located next. to the ramps as / shown on the drawings to provide safe and close proximity for handicapped citizens. The interior portion of the square (next to court house) will have two spaces that provide direct access to the two locations in the court house that are handicapped accessible. 3. Angle parking has been added in the first block off the Square wherever the width of the roadway allows. Most of that parking will also be two hour. Two exceptions are shown which are fronting the west side of the Texas Legal Services building and the other on the east side of the Texas Building. Some parallel spaces have been defined also which will all be 2 hour. 4. The perimeter streets are Pecan, Cedar, Walnut, and Austin. Pecan Street is mainly 4 hour parking. Cedar Street is mainly 4 hour parking except directly in front of Team Bank (2 hour). Walnut is 4 hour parking between Elm and Locust and 2 hour for the remainder. Austin Street is mainly 2 hour parking with three 4 hour spaces. 5. Loading zones are also shown for the study area. a) We estimate that there will be 7 purchased zones which are on Pecan and Cedar, owner vehicles will be parked in these zones. 2 McNeill 1 Texas Building 2 Thomas Furniture 1 Ritchie Furniture 1 Schraders Pharmacy b) There are to be 2 free loading zones wbera only the customers will park. 1 Thomas Furniture 1 Recycled Books c) Walnut Street may have future requests for loading zones if the four hour parking areas don't meat their needs. c_ r. ~,peaJa Item, S r`~ CTSSC MEMO May 28, 1992 (cont) In Bummary, the proposal for CBD parking is comprehensive, has been well discussed with all business and citizen groups, and addreeB some very important issues that the Square has needs for solutions. We feel that this solution as proposed will address the Squares future in a very positive manner. UE00166 a C AQr,rida NO, A~)'ndC Htrr~3__ S '~°~6~_.._ CTSSC MINUTES U va h June 1, 1992 ITEM 2 CENTRAL BUSINESS DISTRICT PARKING ORDINANCEi Clark presented the request. He said this is the final proposal for parking on the Denton Square. The issue has been before the commission for a long time. The commission along with other groups have been involved in much of the decision making. The main features are as followsc 1. The parking is still all 2 hours to encourage turnover and to get as many people as possible into the businesses. Handicapped parking spaces are also being adjusted. o Handicapped spaces currently are in the middle. one space is being moved on each block to the outside. The others line up with the Court House where they will have direct access to it. There are also other handicapped spaces left like the ones at First State Bank. 2. Angle parking has been added one block off the square. Most of those will be 2 hour parking. There will be two 4 hour parking spaces one of which will be by the Texas Building and one at the Texas Legal Services. 3. Another issue is perimeter streets which is Walnut, Cedar, Pecan, and Austin. They have some angle spaces and will change in parking designation. Walnut will have 4 hour parking. Since it will be City regulated parking, there may ba future loading zone requests for businesses such as Hickory Street Waterbeds. Members on that side of the Square have been at the Central Business District meetings. This was an unanimous approval by thin Central Business District to approve it this way. Most of the parking designation on Cedar Street will be 4 hour parallel parking. Pecan has a lot of 4 hour parking and Austin is mainly 2 hour except by Recycled Books and Records. 4. Loading zones will also be covered. There is currently two loading zones at McNei.ls. one at the Texas Building, two at Thomas Furniture, one at Richie Furniture, and one at Shrader's Pharmacy. Those are estimated to be the type e that businesses will pay to put their vehicles in them. The other two would be Thomas Furniture and Recycled Books and Records who have committed to the type that customers will use and they won't pay for them. This meets the guidelines set up earlier. Staff has tried to incorporate all issues involved, angle parking, 2 and 4 hour parking, handicapped parking, and loading zones in an effort to have one ordinance so proper signage can be implemented. The street surface on the Square will be redone and staff will try to get extra spaces with proper buttoning. r; AgP, (1a;Ninz. CTSSC MINUTES / June 1, 1992 (cant) Duncan asked if 4 hour parking was for workers or shoppers who need more than 2 hours. Clark said 4 hours will probably provide time for workers. Chadwick said businesses such as Texas Health Services, Texas Legal Service, and a counseling service have clients who take a lot of time. Erwin said the 4 hour parking is basically perimeter parking off the Square. Clark said that is correct and if approved, signs will be erected and enforced by the Police Department. Erwin caked how loading zone spaces at McNeill and Recycled Books & Records would be diff.erentisted. Clark said tags have 4 been ordered and signs will be posted. Erwin asked if the spaces that a.re not paid for can be used by anyone. Clark said that is correct. Chadwick asked If they would be 15 minute loading zones. Clark said it would be the same as the current one. The others wouldn't have a limit as long as they displayed : the tag. Chadwick said the 4 exterior handicapped npacee and ).coding zones will be adjacent to the ~;urb cut and ramps that go upon the sidewalk. This will alleviate the problem mentioned by the lady, in the paper, where handicapped spaces in the middle place an individual out into traffic:. Clark said the ones on Austin and Walnut are at the ramps and 4 exterior spaces will help alleviate the problem. There are some severe elevation changes on the side so there will be some problems. Duncan asked if the marking, had been changed around the Square. Clark said the ones that will be reduced In width will be the ones inside the Square. Those are currently 9' and will be reduced to 81. There will be one space added on each end. It's not the beat for traffic movement but parking availability is a major issue. Also the i,ilands created on the outside have 1/2 space on each side. O.ie extra space will be gotten on the outside of the Square. Those will be left at the standard 9' at 450 angle the inside ones will be at 30 angle. The inside ones are so long and wide, it won't hurt them to be narrower. You can open a door and not run into each other with an 8' space. If you do it in a 451 '!pace, you couldn't open your door without hitting another vehicle. Chadwick said there are 8 little !elands on the Square, will they be raised, curbed, or painted, clark said they will be painted with butto.is. otherwise, trucks will run into them tearing them to pic,cee. Before anything Is rained in a street, staff runs trucks through the area to see how it operates. Chadwick asked if the 2 handicapped spaces on the east side of First State Bank would be repainted. Clark said yea. Staff is going to use a now product called "Hot Tape" which to suppose to have a longer 1'_fe than any other product used, Erwin asked if it was ever determined that the parking spaces on Walnut Street was City property. Clark said Mr. Windle did not prove otherwise. lie connected with the City Attorney and was C r. s Afjwida rim-_ W/ CTSSC MINUTES 'JJ l June 1, 1992 (cont) unable to prove it was private property. City property goes right up to the buildings on Walnut street so signage will be placed right next to the building. Most of the loading zone signs are down, The ones still. there will be removed. STAFF RECOMMENDED: Staff recommends approval and The Central Business District unanimously recommends approval. COMMISSIONERS: Kay made a motion to approve the recommendation. Guess seconded. The motion passed unanimously. A C t y. N A{7encL:c Itcrm_1G.J, ~ ~ f CITY of DENTON, TEXAS MUNICIPAL BUILDING / 215 E. MCKINNEY / DEN WN, TEXAS 76201 MEMORANDUM 0 DATE: July 13, 1992 T0: Lloyd Harrell, City Manager FROMi Jerry Clark, city Engineer SUBJECT: Square Parking ordinance We are pleased to present this ordinance for City Councils consideration. The many involved parties on the square have been working on this issue for more than 2 years. The following specifics of the ordinance provide possible long term solutions to some of the problems that have extended histories on the Square. 1. 2 Hour Parking Zones These were established to provide quick turnover spaces for mainly retail and food service businesacta. 2. 4 Hour Parking Zones These zones were placed in non uniform locations because of the two issues they are trying to address. First, the zones on the inside of the Square were placed so those businesses like the state Department of Human Services and lawyers offices would bo covered for "consultation" type visits. Secondly, the zones were placed out in the perimeter etreeLe to ' encourage employees, store owners, and others who conduct business all morning to park outside the high turnover areas. The pedestrian islands that were created in the street Scape project on the Square have two positive features. First, handicapped access will now be available to all businesses around the square and the courthouse Itself. Secondly, the brick pavers provide a historical type o° personal record of Denton residents of this era in a pleasing and aesthetic setting. Handicapped accoaa Is being revised by moving the spaces on the outside of the Square. The,, are currently in the middle of each block. As per the attached drawing, this ordinance provides for one apace per each block directly next to the handicapped ramp that will be on the approach side of the intersection versus departure. We feel this is a safer design wit!. slower movements generally and no right turn on red conflict. Two handicapped spaces inside the Square are being provided to the courthouse. Access to the handicapped doors are moat easily reached from these proposed spaces. c 8171566-8200 01FW METRO 434-2529 Atj nda No Ardenda llom Lloyd Harrell Square Parking Ordinance page 2 We are changing the general. handicapped parking ordinance for public buildings Bo Bpacea #9 to 020 on pages 3 and 4 have been inserted into this ordinance. These are public handicapped spaces that have to have an ordinance to bay enforceable. This ordinance makes no changes to these spaces. Finally, the fines are set not to exceed $200. Eventually, the enforcement issue needs to include towing, the use of a boot, or privation of enforcement. Enforcement is still not effective and has been documented in the Square Parking survey (available from Jane Biles) as the major issue that negatively effects available high turnover spaces during peak hours, especially the lunch rush, All the committees and associations at the Square including Traffic Safety Main Street, Central Business District Association, and the Downtown Parking committee were involved throughout the two year process. All unanimously support this proposal, Traffic Safety recommended approval unanimously on June 1, 1992. Please place this ordinance for consideration of approval on the July 21, 1992 City Council meeting. I will be available for questions at the meeting. J rr C1 rk AEE0018D A C / 4. r~ t1 {I r Agenda Item- Rill) .1~ ~ 1 Tf.2 i. Lloyd Harrell a y Square Parking ordinance page 2 We are changing the general handicapped parking ordinance for public buildings so spaces #9 to #20 on pages 3 and 4 have been inserted into this ordinance, These are public handicapped spaces that have to have an ordinance to be enforceable, This ordinance makes no changes to these spaces. Finally, the fines are set not to exceed $200, Eventually, the enforcement issue needs to include towing, the use of a boot, or privation of enforcement. Enforcement is still not effective and has been documented in the square Parking Survey (available from Jane Biles) as the major issue that negatively effects available high turnover spaces during peak hours, especially the lunch rush. All the committees and aseociatione at the Square including Traffic Safety Main Street, Central Business District Association, and the Downtown Parking Committee were involved throughout the two year process. All unanimously support this proposal, Traffic Safety recommended approval unanimously on June 1, 1992. Please place this ordinance for consideration of approval on the July 21, 1992 City council meeting, I will be available for questions at the meeting. J V Cl rk AEE001BD r_ 't x a i ALL00287\1620.4 ORDINANCE NO. AIQ ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR DESIGNA- TION AND MARKING OF PARKING SPACES PURSUANT TO SECTION 18-96 Oy THE CODE OF ORDINANCES OF THE CITY OF DENTON; AMENDING SECTION 18- 109 TO PROVIDE FOR DESIGNATION OF PARKING SPACES FOR EXCLUSIVE USE OF DISABLED PERSONS ON PUBLIC PROPERTY; PROVIDING FOR A PENALTY NOT TO EXCEED $200 FOR VIOLATIONS THEREOF; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR A SAVING CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: a SECTION I. That pursuant to section 18-96 of the Code of Ordi- nances, the city engineer is directed to designate and mark parking spaces in areas where parking is to be limited. SECTION II. WY 'n signs are erected giving notice thereof, no person may park a chicle in a parking space within the zone for more than two (2) hours between the hours of 8:00 A.M. until 5:00 P.M. upon the following street or portion thereof, in the City'of Denton, to-wit: 1. Austin Street: The east side between Oak Street and Mulberry Street; 2. Austin Street: The west side between Oak Street and Walnut Street; 3. Locust Street: The east side between Pecan Street and Walnut Street; 4. Locust Street: The west side between Oak Street and Walnut Street; 5. Elm Street: The east side between Pecan Street and Hickory Street; 6. Elm Street: The west side between Pecan Street and Walnut Street; 7. Cedar Street: The west side between Hickory Street and Mulberry Street; 8. Pecan Street: The south side between Cedar Street and Elm Street; 9. Oak Street: Both sides between Cedar Street and Austin Street; 10. Hickory Street: Both sides between Cedar Street and Austin Street; , 11IU .....2_~?lr / 17 11. Walnut Street: Both sides between Cedar Street and Elm Street; and 12. Walnut Street: Both sides between Locust Street and Austin Street. SECTION III. When signs are erected giving notice thereof, no person shall pzrk a vehicle in a parking space within the zone for more than four (4) hours between the hours of 8:00 A.M. and 5:00 P.M. upon the following street or portion thereof, in the City of w Denton, to-wit: 1. Austin Street: The west side between Pecan Street and Oak Street; 2. Locust Street: The west side between Pecan Street and Oak Street; 3. Elm Street: The east side between hickory Street and Walnut Street; 4. Cedar Street: The east side between Pecan Street and Walnut Street; 5. Cedar Street: The west side between Pecan Street and Hickory Street; 6. Pecan Street: Both sides between Elm Street and Austin Street; and 7. Walnut Street: Both sides between Elm Street and Locust Street. SECTION IV. That Section 18-109 of Chapter 18 of the Code of Ordinances of the City of Denton, Texas is hereby amended to read as follows: Sao. 18-109. Designation of parking spaces for exclusive use of disabled persons upon public property. (a) When signs are erected giving notice thereof, it shall be unlawful for any person at any time to stop, stand, park or leave standing any vehicle not displaying a specially designed symbol, tab or other device, issued pursuant to the require- ments of the state department of highways and public transpor- tation in Vernonts Ann. Civ. St, art. 6675a-5e.1 and affixed to the license plates of such vehicle indicating the owner thereof or a passenger therein is permanently disabled, or any vehicle not displaying an identification card issued by such department indicating the operator of such vehicle or a passenger therein is temporarily disabled at any of the following places: Page 2 s~ Oak St eet(1) parking space on the north side of east of Elm Street; oak Sonee (1) parking space on the south side of approximately one-half the distance between Locust Street and Elm Street; (3) One (1) parking space on the south side of Hickory Street, west of Locust street; o (4) one (1) parking space on the north side of Walnut Street, east of Locust Street; (5) Two (2) parking spaces on the west side of Austin Street, south of Hickory street; (6) One (1) parking space on the east side of Locust Street, south of Oak Street; (7) One (1) parking space on the east side of Elm street, approximately one-half the distance be- tween Oak Street and Hickory Street; (8) One (1) parking space on the west side of Elm street, north of Hickory Street; One (1) parallel parking space adjacent to the elevator entrance t church on Mulberry Street;o the First Methodist (10) Two (2) parallel parking spaces In the park- ing lot of the Denton Civic Center near the handi- capred access ramp; (11) Three (3) parking spaces at the Denton Senior Center, 509 North Hell Street, on the north side of the building and adjacent to the access ramp; men (12) CoTwo mmission rk510 Ipa es at the Texas Employ--w. 35E, i of th ramp leading to the e t ancenofrthe build- ing; (13) One (1) parking space nearest the handicapped access ramp at the Denton Public Library; (14) One (1) parking space adjacent to the handi- capped access ramp at the southwestern entrance to the Municipal Building at 215 E. McKinney Street in the U.S. PO st Office/Municipal parking lot; C c Page 3 r q AiI I I ih;In__ (15) One (1) parking space at Mack Park on the south side of McKinney street adjacent to the sidewalk leading to the tennis courts; (16) One (1) parking space at Mack Park on the north side o McKinney street adjacent to the sidewalk leading to the park's concession stand; (17) Two (2) parking spaces at North Lakes Park nearest the access ramp and entrance to the park; (18) Two (2} parking spaces adjacent to the hand- ° icapped access ramp at Denia Park; (19) One (1) parallel parking space on the south side of Roberts Street at 718 Roberts Street; and (20) Two (2) parking spaces at Denton Police De- partment, 221 N. Elm street, adjacent to the south handicapped entrance ramp. SECTION V. Any person who shall violate a provision of this ordinance, ur fails to comply therewith or with any of the require- ments thereof, or of a permit or certificate issued thereunder, shall be guilty of a misdemeanor punishable by a fine not exceeding Two Hundred Dollars ($200.00). Each such person shall he deemed guilty of a separate offense for each and every day or portion thereof during which any violation of this ordinance is committed, or continued; and upon conviction of any such violations such per- son shall be punished within the limits above. SECTION VI. That all ordinances or parts of ordinances in force when the provisions of this ordinance become effective which are inconsistent or in conflict with the terms or provisions con- tained in this ordinance are hereby repealed to the extent of any such conflict. 4 SECTION VII. That is any section, subsection, paragraph, sen- tence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance 1.s held invalid by any court of competent jurisdiction, such holding shall not affect the va- lidity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. ECTION VIII. That this ordinance shall become effective four- teen (14) days from the date of its passage, and the Cicy Secretary is hereby directed tLi cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official news- paper of the City of Denton, Texas, within ten (10) days of the date of its passage, Page 4 t Y. di ;t ltllanda Itent_.~~ IM0 PASSED AND, APPROVED this the day of , 1992, BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY 0 BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY C BY 04a( Page 5 ! CITY COUNCIL 1 - C. 1 ooOO-~pQo00011 41 Y r. IE ( A2 o d' o. SO WLI i19r,r,(i,t 1lOrr1 DATES: July 21, 1992 04-f u is CITY COUNCIL AGENDA ITEM TO: MAYOR AND MEMBERS OF THE PUBLIC UTILITIES BOARD FROM: Lloyd V. Harrell, City Manager SUBJECT: CONSIDER AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PROVISIONS OF ORDINANCE NO. 87°135 PROVIDING FOR CHANGES IN THE APPLIANCE REBATE PROGRAM; AND DECLARING AN EFFECTIVE. DATE. RECOMMENDATION: n The Public Utilities Board, at their meeting of June 22, 1992, recommended to the City Council approval of the attached revisions to the Appliance Rebate Program (Ordinance #87-135). a~ SUMMARY/BACKGROUND: The Appliance Rebate Program was started in August, 1987, in order to encourage customers to purchase energy-efficient air conditioners and heat pumps. More efficient equipment means lower utility bills for customers and less demand on the electric, system. In addition to increased energy efficiency, this program was conceived to reduce total peak demand for the Denton Electrical System, thereby benefiting all rate payers through decreased demand charges from TMPA. Since more efficient equipment costs more to buy, the rebates are an effective way of reducing the up-front costs to the customer. Since its inception, this program has paid $146,974 to 1,009 customers for the installation of 3,165 tons of cooling capacity. Since 1987, cooling equipment has become even more efficient. Federal (DOE) standards for cooling equipment have also increased. The minimum allowable Seasonal Energy Efficiency Rate (SEER) for central air conditioners has been increased from 9.0 in 19B7, to 10.0 in 1992, The Minimum Energy Efficiency Rate (EER) for window units remains between 8.0 and 9.0, depending on the size of the unit. The attached revisions to Denton's program would raise the minimum qualifying Seasonal Energy Efficiency Rate (SEER) for central systems to 12.0 from the 1987 requirements of 9.5 for single phase central air conditioners (0-20,999 BTUH); to 12.0 from 10.0 for single phase central air conditioners (21,000 BTU and up); and to 12.0 from 9.0 for three phase air conditioners (0-135,000 BTUH). The minimum Energy Efficiency Rates (EER) for window units would be raised from 9.0 to 10.0. Since this more efficient equipment is more expensive to purchase, we are also recommending increasing the amount of c r s N i the rebates for' central systems to $100 per ton from $40.00 a ~ per ton for single phase central air conditioners (0-20,999 r BTUH)) to $100 per ton from $60.00 per ton for single phase central air conditioners (21,000 BTUH and up); and to $100 per ton from $40.00 per ton for three phase central air conditioners (0-135,000 BTUH). We are also proposing a rebate of $500 per unit for installation of geothermal heat pumps, Geothermal pumps were formerly not addressed in the 1987 Ordinance. These changes will make Denton competitive with TU Electric, which pays rebates of $200-$400 per unit for central air conditioners, $50-$100 for window units, and $400 per unit for geothermal heat pumps. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Utility Department, customers, heating and air conditioning dealers and contractors. FISCAL IMPACTS VvRespe fully submitted, V. Harrell, City Manager Prepared by: Richard Foster, Public Information Coordinator Approved by: E. Nelson, Executive Director of Utilities EXHIBIT I Ordinance lI 1992 Appliance Rebate Program III Minutes PUB Meeting of 6/22/92 C e x the rebates for central systems to $100 per ton from $40.00"2 Ad per ton for single phase central air conditioners (0-20,999 BTUH); to $100 per ton from $60.00 per ton for single phase central air conditioners (21,000 BTUH and up); and to $100 per ton from $40.00 per ton for three phase central air conditioners (0-135,000 BTUH). We are also proposing a rebate of $500 per unit for installation of geothermal. heat pumps. Geothermal pumps were formerly not addressed in the 1987 Ordinance. ° These changes will matte Denton competitive with TU Electric, which pays rebates of $200-$400 per unit for central air conditioners, $50-$100 for window units, and $400 per unit for geothermal heat pumps. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Utility Department, customers, heating and air conditioning dealers and contractors. FISCAL IMPACT: R4pe. Harrell, ity Manager Prepared by: Ou~, A Vt k&~- A Richard Foster, Public Information Coordinator Approved by: E. Nelson, Executive Director of Utilities EXHIBIT I Ordinance II 1992 Appliance Rebate Program III Minutes PUB Meeting of 6/22/92 the rebates for central systems to $100 per ton from $90.00 ~ per ton for single phase central air conditioners (0-20,999 BTUH); to $100 per ton from $60.00 per ton for single phase central air conditioners (21,000 BTUH and up); and to $100 per ton from $40.00 per ton for three phase central air conditioners (0-.135,000 BTUH). We are also proposing a rebate of $500 per unit for installation of geothermal heat pumps. Geothermal pumps were formerly not addressed in the 1987 Ordinance. ' These changes will make Denton competitive with TU Electric, which pays rebates of $200-$400 per unit for central air conditioners, $50-$100 for window units, and $400 per unit for geothermal heat pumps. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Utility Department, customers, heating and air conditioning dealers and contractors. FISCAL IMPACT: Respe fully submitted, f fi!/l~ L oyd V. Harrell, ity Manager Prepared by: , S Richard Foster, Public information Coordinator Approved by: ~u E, Nelson, Executive Director of Utilities EXHIBIT I Ordinance 11 1992 Appliance Rebate Program III Minutes PUB Meeting of 6/22/92 ALL0027A\1705.5.9 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PROVISIONS OF ORDINANCE NO. 87-135 PROVIDING FOR CHANGES IN THE APPLIANCE REBATE PROGRAM; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton recognizes that the generation and distribution of electric power is a public pur- pose for which its conservation is duly recognized; and WHEREAS, the City of Denton, by and through its City Council desires to reduce energy demand and consumption by the customers of City of Denton utilities; and WHEREAS, the City Council finds that through the use of energy efficient equipment by the utility customers of the City of Denton such energy demand and consumption would be reduced and the effi- ciency of the electric utility system would be enhanced; and WHEREAS, the City Council has previously adopted an Appliance Rebate Program to facilitate use of energy efficient equipment by the utility customers of the City of Denton and wishes to amend the Program to reflect increased minimum efficiency standards as set by the Department of Energy; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Appliance Rebate Program established pur- suant to Ordinance No. 87-135 is to be continued. SECTION II. That Ordinance No. 87-135 is amended to replace prior program guidelines with the revised guidelines which are attached heroto as Exhibit A and made a part hereof. SECTION III. That the City Council authorizes and directs the City Manager to take such action as is necessary to achieve the goal of reducing energy demand and consumption by implementing the revised program guidelines as provided herein for the Appliance Rebate Program. SECTION IY. That this ordinance shall become effective on October 1, 1992 and apply to appliance installation commenced after that date. PASSED AND APPROVED this the day of 1992. BOB CASTLEBERRY, MAYOR r A IJ I s ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY. C Page 2 t t* i, i I!gmtBa!io. EXHIBIT A A,«:ntl,?1~1~mtt_~~5 ti Dolo CITY OF DIMON UTILITY DEPARIMENI' 1992 APPLIANCE REBATE PROGRAM i< MOD$ USED IN DETERMINING EQUIPMENT EFFICIENCY AND ELIGIBILITY Program Summary The City of Denton Utility Department is offering cash payments to customers ?ho purchase and install high efficiency air conditioners or heat pumps in new or existing residential or commercial facilities. 'nte program's objective is to reduce energy demand and constmnption, thereby saving customers dollars on their utility bills and reducing ,he peak load of P the City of Denton's electric system. Program Guidelines 1. All installations must be for accounts served by the City of Denton Utility Department and must meet all applicable national, local, and manufacturers' codes and specifications. 2. To qualify for a rebate, equipment must be new when installed. 3. All equipment must be purchased. No leased or lease/purchase equipment will qualify for a cash rebate, 4. Installations must be made by licensed contractors and/or dealers. S. No rebate will be paid oil a partial replacement of an air conditioner, The compressor, condenser and the evaporator coil must be replaced to qualify for a rebate. 6. Payments for residential. central cooling systems, which includes apartments and mobile homes, will be limited to a capacity based on a minimum of 500 conditioned square feet per ton. 7. The conditioned area in square feet is required on each residential central system request for payment, 8. Ilte rebate will be paid to the purchaser of the qualifying equipment upon verification of conthljance with program guidelines. 9. Requests for payment must be received by the Director of Electric Utilities within 60 days of installation. 10, Equipment and installation are subject to inspection by the City's Building Inspection Department before final approval for payment, is issued. 11. The Ppoliance Rebate Program guidelines and payments are subject to change without notice, PAGE 1 11)6/060292050/1 19 i1 r; P Atreraia Item-,~~~ ^ IMe 1.2. The Appliance Rebate Program may be discontinued without y/ prior time by tine city of Denton. notice at I, GLNEM PRGCEDUREs A. Application To determine who qualifies for a rebate, an application nor rebate must completed and set to the Director of Electric Utilit ies within GO da s Of installation of the equipment , r e ate a'ppicatzon~nns and will complete these2 forms2 for dthe purchase or. It completes lt}ret form andassubmits ei}t to responsibility tDiector e0that ities. ectricdealer +40 E, Inspections Installations of central systems will be inspected by the City's Building Inspection Department and mutt be approved before rebates will be processed, C. Payments to Participants Cash payments will be made to the purchaser of the qualifying equip- ment. Participating retail equipment dealers will payment of $20 per runt for the sale of window receive a cash conditioning runts, central air systems or heat prmips to offset their cost for properly filling out the applications for purchasers. Program participants are responsible for submitting the correct information. Ae Utility Department will not issue any additional payment unless the payment was incorrect due to a mistake in processing by a City employee, 1. The twenty dollar ($20,00) payments to dealers will be made only if they supply the qualifying equipment to the customer or builder who is paying for the i purchasers nstallation of the equipment, Dealers and may be denied payment for failure to follow program guidelines such as failing to supply correct square footage or SEER/EER fig+.rres, installing equipment which is not meta; replacing part of a split system; or failure to fill out rebate forms properly. 2. Payments will be made to customers who purchase and install new qualifying equipment. If a tenant purchases and installs qualify- ing equipment, the payment is made to the tenant, if the owner of rental property purchases and installs qualifying e payment is made to the oraner. If the purchaser of a mobile or custom home selects and pays for the will receive the rebate, )5 for qualifying runt, the purchaser PAGE 2 c 1.06/060292050/2 hgond,i llam._._ 25__-- II. C[:Ni'RAL E1,F'.C'TRiC AIR CONDITIONERS f1Nll HI':A'f PUMPS A. A new condensing unit with an inside evaporator coil will qualify if matched, as specified, in the current issue of the ARI Directory of Certified Air Conditioners and Air Source Heat Pumps and the unit meets the minimum ratings as specified in the 1992 Appliance Rebate Progrmn. If the unit is not in the current ARI Directory, the manufacturers' latest data approved for publication will be accepted. If the unit is not in the current ARI Directory or data approved for publication, the average of the high and low SEER/GSR coil only, not including blower coil, will be accepted as listed in the current ARI o Directory. B. Computer simulations may be used if ratings are not listed in the current ARI Directory, provided the following criteria are met: 1. Systems using mix-matched coils must meet all established program guidelines to qualify for a rebate, 2. The computer simulations must be signed, certified, and dated by a r~e$istered _professional eijaineer and an officer of the company making the su mitta k, 3. The engineer who certifies a simulation must attest to the accuracy of the input data, the validity of the calculation procedure used, and that the results are in accordance with D,0.1i, approved method- ology. 4. A complete set of the input data and an indication of the source of the data must accompany the simulated ratings. S, The simulated ratings must be based on the condensing unit's tested combination as listed in the current ARI Directory or latest- afa approved for publication and identified by the correct model rnunbers of both the condensing unit and coil as listed in the current ARI Directory. 6. Simulated ratings must not exceed 1051 of the SEER rating of the tested system used as a base. 7, An open file of computer simulations will be maintained at the Iinergy Management Office, Supplying erroneous ratings or data can lead to disqualification of those involved from further program participation. C. Program Capacity and Payment Formula 1, The maximtun allowable 13111 per hour capacity eligible for a residen- tial rebate is determined by dividing the square footage of the conditioned area by 500 and multiplying by 12,000. PAGE: 3 1D6/060292050/3 h a i r IE k fKlanrl~i No. _^^~~ry~ 0.2~. n.-- 4genda Example: The Program Capacity for a 1,500 square foot house is: f 1--MT = 3.0 x 12,000 = 36,000 B1U1i 'Phe City will pay a rebate on a unit that meets program efficiency standards and is sized at 36,000 BTUFi or less. 2. Actual payment will be determined by dividing the BIM of the installed unit (up to, and including the Program Capacity) by 12,000 and multiplying by the incentive. ' The incentive amounts and SEER ratings are referenced on page 5 and are incorporated herein as if fully set forth at length: Example A: A person in a 1,500 square foot house installs a 300000 B119i central air conditioner with a SEER ratink of 12.0. 1,500 = 3 x 12,000 = 36,000 Program Capacity So 30 000 = 2.5 x $75/ton = $187.50 Rebate Amount Example B: A person in a 2,000 square foot house installs a 600000 B'W central air conditioner with a SEER rating of 12,0. 20000 = 4 x 12,000 = 48,000 Program Capacity z8m = 4 x $75/ton = $300 Rebate Amount Example C: A person in a 2,000 square foot house installs a 60,000 BTUH central. heat pump with a SEER rating of 12.0. 200000_ - 4 x 12,000 = 48,000 Program Capacity 44'-00 = 4 x $100/ton = $400 Rebate Amount PACE 4 c c 1D6/060292050/4 t 'i Ahcrnfa Item. CITY ON DENTON UTILITY DEPARDTNT 1992 APPLIANCE REBATE PROGRAM EQUIPMENT INCENTIVES* Minimum Central Air Conditiortirtg SEER/EER Rating, Incentive Single Phase (SEER) 12.0 $100/ton" 17tree Phase (EER) 12,0 $100/ton Central Heat Pumps r~ Single Phase (SEER) 12,0 $100/ton Three Phase (EER) 12,0 $100/ton Room Air Conditioners 10.0 $50/wit Room Heat Pumps 1010 $50/tutit Geothermal Heat Pumps 12.0 500/ttni. t * Refer to "1992 Appliance Rebate Program: Methods Used in Determining Equipment Efficiency and Eligibility" For calculation purposes, one ton equals 12,000 BTUH PAGF 5 ti t 1D6/060292050/5 r: ~F 5 AOnrda No A{Itncio lfoin_ pp_~ CITY OF DENTON UTILITY DEPARTINMUF tzito Cf /d 1992 APPLImcE REBATE PROGRAN, EQUIDIDIT INCENTIVES* Minimum Central Air Conditioning SEER/EER Rating Incentive Single Phase (SEER) e 12.0 $100/ton*" Three Phase (EER) 12.0 $100/tan Central Ileat Pumps ,Ale Single Phase (SEER) 12.0 $100/ton Three Phase (EER) 12,0 $100/ton Room Air Conditioners 10,0 $50/unit Room Heat Pumps 10.0 $50/unit 'Geothermal Heat Pumps 12.0 $500/unit ' Refer to 111992 Appliance Rebate Program; blethuds Used in Determining Equipment Efficiency and Eligibility" For calculation purposes, one ton equals 12,000 B1UH l PAGE 5 i c 1D6/060292050/5 Laney made a motion to amend the previous motion by approvinglllfe ro~impe. p- ~/Z M p ~/D ~,illD 3 changes in the Personal Services budget and, in addition, eliminating the, 4 $60,000 line item from the budget for the management study; second by 5 Frady. All ayes, no nays, motion carried. 6 7 10. CONSIDER REVISIONS TO THE APPLIANCE REBATE PROGRAMS. ' 8 Foster Introduced this item noting that the program is now five years old and 9 has proved to be very successful. However, rebates to the customer have not 10 changed during that five year period. As of January 1st, the Department of 11 Energy/ is prohibiting the manufacture of air conditioning equipment below an 12 EER of 10.0. Staff is requesting approval of the following changes to the 13 program: 44 1) raise the EER from 10,0 to 12.0; and, -T5 2) increase the rebate from $60/to $100/ton; 16 3) raise the EER for heat pumps from 9,6 to 12 and room air 17 conditioners from 9 to 10; 18 4) institute a $500 per unit rebate for installation of geothermal heat 19 pumps . 20 5) delete the thermal storage out of the program because there is 21 now a thermal storage pro gram within the rate structure. 22 Board Action 23 After discussion, Frady made a motion to accept the revisions as p;^oposed; 24 second by Laney. All ayes, no nays, motion carried, 25 26 12 C l ;l j. 11 :CITY - COUNCIL 'INU 00pr7ppp> oO~OO~ F A ..r` N ro~0 ~D b ~ t O . q 5 jd o~~~op~pQC v . (ti~~~OV c CCLC~ s i r flu [A:IUTRWDCON.721) I July 21, 1992 CITY COUNCIL AGENDA ITFaM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL 9 FROM: Lloyd V. Harrell, City Manager RF.: CONSIDER CONTRACT WITH UPPER TRINITY REGIONAL WATER DISTRIC'T' FOR (1) INTERIM SALE OF RAW WATER AND (2) WATER TREATMENT AND TRANSMISSION SERVICES AGREEMENT. RECOMMENDATION: The Council, at their meeting of February 25, 1992, reviewed and gave general consensus to the concepts embodied within the two subjact contracts. The Public Utilities Board, at their meeting of April 22, 1992, recommended to the City Council approval of the UTRWD contracts. The staff, after modifications by Denton legal staff and Austin water attorneys, Lloyd, Gosslink, at al, recommend to the Council approval of the contract for Interim Sale of Raw Water and the contract for Water Treatment and Transmission Services with the Upper Trinity Regional Water District. SUMMARY These contracts are the culmination of over two years of negotiations with the UTRWD. During this time, Denton and the UTRWD have refined their respective roles for providing water services for the many communities and water supply entities of Denton County. During the early 1980's, as Denton and Dallas, through contracts with the Corps of Engineers, were beginning construction on the Ray Roberts Reservoir, numerous requests were received to provide water to Denton County communities. Denton made a basic policy decision at that time, not to become the regional water supplier for Denton County as Dallas had in Dallas County. Dallas made the policy decision at that time that they did not want to serve additional water treatment customers in the Denton County area. Therefore, Denton rind Dallas, along with several other communities and with the help of the Denton County Commissioners began a series of meetings, conducted a long range water supply study and, in 1989, sponsored legislation to create the Upper Trinity Regional Water District, whose purpose is to provide rnw water, treated wate;, and wastewater services for the Denton County region, / Denton had originally planned to build its Ray Roberts water treatment plant and sell up to 49% of it to the UTRWD. However, the UTRWD needed 68% of the plant. Denton was willing to sell the 49% share and lease the use of the remaining 19% share for a period of time. The UTRWD felt that if they were essentially paying the costs on 68% of the plant, they wanted provisions In the contract that gave them some control over the operating costs, Their proposal e was to have veto power over the Denton City Council with respect to the operating budget and to some extent, the capital costs of the plant, This provision was unacceptable to the Denton City Council. p Denton then repositioned itself and withdrew its offer of joint water plant participation and, instead, offered to sell wholesale raw water and water treatment and water transmission services to the District, Denton's Austin water attorneys were directed to draft the two appropriate contract documents. These contracts, of course, were written with a good amount of legal terms and in a tone reflecting Denton's authorship. The District felt that, although the terms of the contract were generally acceptable, it would be better if the tone of the documents wore somewhat neutralized. Therefore, the District redrafted the contracts, generally keeping most of the original concept, The utility staff then negotiated with the District all the points of concern from business and strategic points of view. On April 22, 1992, the Public Utilities Board reviewed these documents and approved the contracts subject to legal review, The Council was briefed on the contracts at this stage, and agreed to the general principles and directed the staff to review the contracts with the Austin water attorneys, The Austin water attorneys, along with the Denton City Attorney, made certain modifications and a final negotiating session with the UTRWD was held on June 29th, After minor adjustments and additional reviews by the Austin water attorneys and the Denton City Attorney, the contracts were finalized, 2 \ i KEY POINTS Ok' INTERIM WOLF;SALE RAW WATER CONg1ItAQ~', 1 . Denton to soil raw water to UTRWD on "as available" basis. ~J 7 2. Sale is on a temporary basis 3. Denton 's water rights are protected, _ 4. Price of raw water to be 855 of Lallas' raw water price, which is presently 460/1000 gals. (purpose of the 15% discount is to clearly represent the water as "interimr'- "non-firm" vs Dallas' "long-term"- "ffrm" raw water. This keeps the UTRWD from making any long-term " claim to water ri hts that have been granted to Denton. ) 5. Denton has "right of first refusal" to sell water to the UTRWD, i.o., the UTRWD, although they have a raw water contract with Dallas, must first offer to buy from Denton and, only if Denton cannot furnish water, would they buy from Dallas. The UTRWD's six MGD Cooper Reservoir water is exempted from this right of first refusal provision. 6. Contract is for 20 ears with )roviaion to extend a.iother 10 ears. 7. Delivery will be out of Lewisville or Ray Roberts Lakes _ 8. District to provide for treatment of this water efthor by separate agreement with Denton, by s. fng their own treatment plant or b ether contractual arrangernontnts EFFECTS OF THE RAW WATER CONTRACT Denton presently has water rights of approximately 4.6 MGD from Lake Lowlsvilfe and 19.8 MGD from Ray Roberts for a total of 24.4 MGD or 8.9 billion gallons per year. Denton's present use is approximately 12 MGD or 4.4 billion gallons per yefs Denton, with present relatively low projected growth rates, will have approximately 10 to 12 MGD or 3.6 to 4.4 billion gallons per year excess water in the year 2000. The UTRWD is forecasting a need of 860 million gallons per year for 1994 and increasing to 2.75 billion gallons per year by 2000. Denton's present water sales to Corinth and Lake Cities Municipal Water Authority (LCMUA), which will be transferred to the UTRWD in 1994, represents approximately 460 million gallons of this initial 860 million gallons per year. Denton has been selling raw water to these customers for the same price as Dallas' wholesale raw water and the raw water ports,)n of the revenue has been approximately $175,000 per year. Denton will realize approximately $400, 000 of revenue from each 1 billion gallons sold. Therefore, if the UTRWD buys the volumes of water they are projecting as per an April 1992 study, revenue could be $347, (,,,u for 1994, $423,000 from 1994 from 1995 and $588,000 for 1996. 't'hese revenues at , based on 85%-)f Dallas' water costs which are assumed to increase by 3% per year. l c 3 ICEY POINTS OF THE Agen(la Ilunx~~S WATER TREATMENT & TRANSMISSION SERVICES C TRACT ] . The contract is for water treatment services and for water transmission (transportation) services, 2. Tharo is an "initial term"- from data of contract (estimated July 1992) to May 31, 1998, and a "primary torm", from June 1, 1998 to 20 years from dato of contract (July 2012). _ 3. Water treatment services are for the Initial term only; i,e., for six years to May 31, 1998, The District plans to have its own water treatment plant by 1996 or 1997, 4. Water treatment services, which are only available for the first six years (the Initial term) is priced a flat 450 par 1000 gallons, escalatable by the CPI, plus actual variable costs for cheinicals, pumping and other such costs that vary with volume. Raw water is to be purchased via separate ' contract, 5. Water transmission services fire a flat I ft per 1000 gallons esculatablo by the CPI plus transmission variable costs such as bumping, 0. Water transmission service for the primary term, June I, 1998 to July 2012, will be priced essentially the same way the Texas Water Commission allows wholesale water suppliers to price water transmission service, Specifically, the price will include: a. Transmission system operating expense Maintenance & Oporating Costs Pumping Costs b, Return on Investment oqual to UTRWD's proportionate share use of Donton's transmission system assets. (12" lines and larger) times Donton's average bond interest rate plus 1. 5%) C. A 4% streot rental use fee applied to the gross wholesale bill, d. Depreciation on the UTRWD's proportionate sharp f the _ transmission system asset, 7. Denton agrees to transfor its two wholesale treatod water austomers, Corinth and LCMUA, If the so rOCIu08t, after Juno 1, 1904, or when the District has pipolines available to serve other UTRWD customers, whichever is lator. 81 Denton agroes to make up to A MGD available at 135 & liw,y 77, for the UTRWD to run a pipeline to Sangor along; 135, Denton reserves the right to participate In the oversize of that pipeline, up to Denton's city limits. Denton reserves the right to buy tho UTRWD's share of the pipeline if the don't need it in the futttt_3, at the do preciatod book value. 9. Denton agrees to import UTRWD water and transport It to UTRWD customers, Those customers are prosently Corinth and LCMUA and in the fixture will be Samar and could bo Krum. 10, A separate Exhibit "A" lists the maxLmun volumes Denton would transport to certain locations on the outer edges of Donton's transatiasion s ataat, _ 11_ Denton will transport to X1,5 MGD for the UTRWD. r 4 F 9 ~r 1i V ~ 1~snda ?1e. _ 4 v? / EFFECTS OF THE 'T'REATMENT/TRANSMISSION SERVICES Since Denton bolievos it will have up to 4,5 MGD of water plant capacity up+02~~ July 1998, with Donton's 3.4 MGD well capacity Included, Denton could be selling upwards of 1, 6 billion gallons of treatment/ transmission services per your, At a price of 450 for treatment and 10 for transmission, this could provide $650,000 to $1900,000 net revenue pop year for Denton. Denton, of course, now has annual sales of approximately 375 million gallons of treated water per year to its wholesale customers of Corinth and LCMUA, for which Donton presently receives approximately $030,000 for treatment and transportation services (raw water sales represent another $170,000 per year) which, of course, will cease after June 1994. Not revenue from the provision of transmission services Is estimated at botween $50,000 and $75,000 per year after 1998. This is based on transporting three to four MGD through Denton's system to the UTRWD customers of Corinth, LCMUA and Sangor, The base of that not revenue Is tho roturn on investment of approximately 8,5% (7$+1,5%) of the UTRWD's 10-12% use of our $5 million transmission system asset base plus a 4% street rental fee on that rovenue, plus the UTRWD's 10% to 12% share of maintenance costs. FISCAL SUMMARY: fnitfully, 1994 through 1996, those two contracts are estimated to produce approximately $300, 000 to $500, 000 in net rovennues over and above the not revenues Denton already receives from the sale of water to Corinth and LCMUA. Those not revenues will represont approximately 2.5% to 3,5$ savings for Denton's retail customer, In the later years, as the UTRWD may need additional raw water supplies, the not savings could fil wease to ropresent 4% to 5% for Denton's retail customers, Rospoe4ftllty%v illittod, ' ,loyd V, llarrell T Pro ~nrod/A City Manager er 1 pproved by: / ( d ' / ~ R.E.. Nelson, I xocufivo Diroctor Departmont of Utilities EXHIBI'T'S; Final Draft; Interim Sale of Raw Water Final Draft: Water Treatmont & Trans, Sorv, Agreement Urdhnanco/ Resolut loll Minutes CC Meeting of 2/25/92 Minutes PUB Mooting of 4/22/92 5 r. CITY OF DENTON CITY COUNCIL MINUTE$a1u FEBRUARY 25, 1992 j . /y The Council convened into the Sp<,~cial Call Session at 6:00 in the Civil Defense Room. PRESENT; Mayor Castleberry; Mayor Pro Tem Hopkins; Council Members Chew, Perry, Smith and Trent, ABSENT: Council Member Alexander 1. The Council convened into the Executive Session to discuss legal matters, real estate (considered leases with Cooke County College and Morrison Milling Company), and personnel/board 4 appointments. Council Member Alexander arrived during the Executive Session discussion. 2, The council received a report and held a discussion regarding Section 9 Federal Transit Administration Financial. Assistance, Catherine Tuck, Administrative Assistant, stated that in order to insure that SPAN did not have a gap in funding during the transition from Section 18 to Section 9 funds, an application needed to be received by the FTA by April 1, 1992, In order to receive Section 9 FTA funds, the NCTCOG's 1992 Transportation Improvement Program needed to be amended to include Denton's program for 1992-93. In the next few months, a five year comprehensive plan would be presented to Council, In Section 9 there was more money available for allocation. The City was requesting $363,318 for a 12 month period as well as an additional pro-rated amount for the thirteenth month. The funding request included three new lift-equipped, 12-passenger vans for elderly and handicapped transit and new, larger shins for the public trolley system. A fifth trolley route will be started. Elderly persons and persons with,disrbilities would also be eligible for half price fares on the trolley system. SPAN and the City would also be looking at a pass system on the public routes, with possible reduced rates for frequent riders. SPAN also expected to receive a bus and a trolley from an earlier Section 18 grant. New maps would be printed and distributed during the 1992-93 fiscal year. SPAN was predicting a ridership increase of 25% with the new route, a 10% increase for handicap riders, and a 10% increase in elderly ridership. Letters had been sent to the private transportation providers Such as the taxi companies to insure they had a clear understanding of what was being proposed, A public hearing would be held on March 5 to receive public input on the plan. The best aspei:t of the funding was that there would be an increase in the funding without an increase in the City's contribution. 3. The Council received a report and hold a discussior. regarding an update on the Upper Trinity Regional Water District contracts and gave staff direction. y. F(~ettr.a Ar e~irlia H, rn 4S Wp ~ - City of Denton City Council Minutes February 25, Ildo "v~': 1992 e!7 Page 2 7 Bob Nelson, Executive Director for Utilities, introduced two members of the Board of Directors for the Upper Trinity Regional Water District, Al Utesch representing unincorporated county areas and Tom Harpool representing the City of Aubrey. Nelsorl was asking for Council direction to separate three aspects of the proposed contracts. There was the raw water contract which proposed selling water on an interim temporary basis out of the Ray Roberts and Lewisville water rights. That water would be sold when it was theavaimalable neeed it. It wholesalelrawewater cfor 80W of ost. The contract for the treated water service had been divided into two contracts - an interim time frame from now until the next plant was built and from that time beyond. A document had been sent to the UTRWD offering them an interim contract from now until the Ray Roberts Water Plant was built with average production cost pricing. Future options were for specific blocks of water with the price at average price of production system with return of investment, The UTRWD countered with a more generic contract which included an interim phase from now until when the water plant was built with options for additionrl capacity once the plant was built out of the average system. Pricing was still an area for negotiation. The long term portion of the contract consisted of options for future blocks of water treatment capacity but with a guaranteed opportunity to exer-.ise future options. Staff had some concerns about the long term phase of the contracts, especially the obligations and the pricing concepts. Staff was su completing the raw water contract and the interim water contract.. The two entities then could continue to work on the long-term water contract. Lloyd Harrell, City Manager, stated that as the negotiating team went through the process, there was a conclusion that the long term contract was very complicated and that the two sides were far apart on the arrangement. The short term option, where the City had some excess capacity which could be made available to the District, was close to agreement. It might be necessary with the long term contract an whether the UTRWD became a wholesale customer, to present the proposal to the UTRWn and have the UTRWD judge if they wanted to become involved, Mayor Pro Tem Hopkins was in agreement with the track staff was on and wanted to see the contracts, go back to the Public Utilities Hoard for discussion and wanted to review those discussions before she made too many comments. She was comfortable with the Short term contract. Mayor Castleberry suggested the discussion center on the interim contract. r w ~ i i° City of Denton city council Minutes «ac CJ February 23, 1992 Page 3 Nelson indicated that the raw water contract was not necessarily short term. It would be raw water for whatever the City had for a length of time. The District could buy it or not for $.80. One area which staff would like tied to the contract was right of first refusal. The District would buy the water from Denton before they would buy it from anyone else. Utesoh stated that the District currently had a contract with the ' City of Dallas for raw water. The contract took care of the District's needs through 2010-2020. He felt that the District was going to built its own plant and that the interim period to the ° District was the period between now and the time their new plant was completed.. Mayor Pro Tem Hopkins indicated it would be a more defined time rather than one which would be on-going. Utesch replied yes. Mayor Castleberry asked about the 80$. Nelson replied that Dallas presently charged $.47 per thousand gallons for raw water. Eighty percent was a discount from that figure. The idea was that the City would not be guaranteeing any firm supply. The City would not go out and obtain new raw supplies to be sure that there would always be water for that purpose. The District needed to make other arrangements for their long term needs. The City was merely selling surplus water, The city did riot want the arrangement to become a permanent situation and that was why the price was discounted. Council Member Trent questioned the rates. Nelson replied that there were three components of the prices - the r costs were the aw water, the capacity cost and the variable coats, capacity ita transmission costsXed ThestUTRWDucwasaug ge tiny ast ric eof nnel and the city was suggesting a cost of $1.0n for this cost.55 The variable costs ;ncluded chemicals, electricity for pumping and was approximately $,35 - $.40. Mayor Castleberry asked if a large industry would locate in Denton, could the city pull back from the contract. Nelson replied the City would be able to pull back within the next year. The District already had a contract with the City of Dallas. Council Member Trent asked ,:or the downs'de of the contract. city of Denton City Council Minutes February 25, 1992 Page 4 y, Nelson replied the only downside he could see was that the city would not be receiving full price for the water. Mayor Castleberry asked how the raw water contract would affect the City of Denton customers. Nelson replied it would save them approximately 2-44, Consensus of the Council was to proceed with the raw water contract. The Council then discussed the treated short term contract. ° Nelson stated that the contract would be a five or six year initial period with a firm option for twelve months, a guaranteed minimum. Pricing was the main concern as to whether to use a surplus capacity or not.' Mayor Castleberry stated that if the water were sold a half price, it would go to the Denton rate payers. Nelson replied that it was not quite half, probably a little more than calf. Mayor. Castleberry asked if the price charged to the UTRWD would be l,jss than what was charged Denton citizens. Nelson replied no that the capital costs would be substantial. The District would be buying production costs from Denton and would have to get their own transmission system and distribution. Mayor Castleberry stated that he did not want to see some other city in the District paying a lower rate than Denton residents. Utesch stated that there would be additional costs to the District in pipeline needed to be built to customers and wholesale to the customers. A Council Member Perry stated that the surplus was an amount which the City would not be able to sell to its customers. Nelson replied yes that the City did not have enough customers at present to sell all of its water. Council continued discussion regarding growth potential, the present contracts with Corinth and Lake Cities Municipal, District, a posmible pipeline up 135 to Sanger. City of Denton City Council Minutes February 25, 1992 Page 5 / a~ 7 7 Mayor Castleberry stated that the consensus of the Council seemed to be that the Council was interested in the raw water and treated water contract with the possibility of exploring a pipeline up 135 towards Sanger. 4. The Council considered an appointment to the Cable T.V. Advisory Board. Perry motioned, Alexander seconded to appoint Richard Rndean to the Board. on roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 5. Miscellaneous matters from the City Manager, Lloyd Harrell, City Manager, stated that he had one item which was a reminder for the Council to turn in their budget questionnaires. 6. The Council convened into the Executive Session to discuss personnel/board appointments (considered appointments to the Building Code Board and the Plumbing and Mechanical Code Board, and consulted with the city Manager, City Attorney, and Municipal Judge regarding goals and objectives for 1992 for the Municipal Court). 7. The Council convened in open session and took the following action on Executive session items: A. Perry motioned, Alexander seconded to change the appointment of Terry Schertz from an alternate member of the Electrical Code Board to a regular member, on roll vote, Trent "aye", "aye", "aye", Hopkins "aye", Smith "aye", Ch^w "aye,', Perry aye , and Mayor Castleberry "ayeff, Motion carried unanimously. With no further business, the meeting was adjourned. BBB CASTLEBERRY, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS ACC0004A i' r,- Y. i./ 69 Minutes April 22, 1992 Centi.;ued AfW1' a Ih;rn_/r?S_.Ca _ ! - C Dale _-.1- Martin ./._Z r~ Martin advised that David Ham and Renee Baker will be working as the city's representatives for the project, Coplen stressed that, since the City is paying Alan Plummer, they most assume the liabilities for project construction. Alan Plummer representatives, John Cook and Lee Head, assured the f Board they fully accept that responsibility. Nelson noted this Is a not-to-exceed dollar amount and asked Alan Plummer if they pledged to do all they can to reduce the hours as listed within the document, Alan Plu,~ner agreed. Coplen asked how many raindays or downdayb are built into the contract. Alan Plummer noted this is specified in the contract, Allison otatad the contractor to not allowed an extension for rain days unless the number of rain days exceeds 4 what is "normal" for that year. Nelson advised the Board that staff has studied the project extensively, and that the contract has boon through several revisions and the prices trimmed. r Coplen commented that If a good job was done, then the proposed contract'was reasonable--but a quality product at tho quoted prices is the bottom line, Laney agreed that the contract price was reasonable, Wzloni Laney made a motion to approve the Alan Plummer contract for general Representation Services of the Santa Services by Alan Plummer and Associates, Phase I and II Improvements in the n9A to"„}xce&SL amount of ijfl 26u1 for Resident Project Representation Services for the Basic ServIceu (Article III, Paragraph S)e the total fee is not to exceed 0223.9801 for "Additional Services", Abe fste shall be jim described_in Uhtdgle of Chgrges, Zxhiblt a to the Contract! for Additional Services as described In Article IV of the Contract Document, the maximum amount WAIL not speed 052,315., Second by Frady, All ayes, no nays, motion carried. 5, REVIKII AND CONSIDER CONTRACT BETWEEN UPPER TRINITY REOIONU WATER DISTRICT AND THE CITY OE DENTON, Nelson introduced this item advising the re-negotiated Arica is 851 of what the City of Dallas charges. Denton's water attorneys have concluded that this is representative enough to protect Denton's water rights and has the flexibility that it can fluctuate from year to year. Allison reviewed the costs with Board on the contract indicating that after extensive negotiation with the UTRWD, he fools the rates are reasonable, ISQ.t1= Caplan made a recommendation that the Board accept the oontraat as written, However, he further zecommended that staff figure out a way to balance the book's in the water department for 1994 and 1995 so that the Utility won't be finding it necessary for a rate increase due to this contract. Thompson concurred, He stated that the utility cannot raise rates to its customers based on other citids' mods for water. The motion as made was seconded by Frady, 7 0 Minutes April 22, 1992 Contl4odlal;orn_ll~S...~_47----. 00 n C' Discussions Laney asked if the water we are selling 0,11 still be surplus water after 1999. Nelson replied yes, unless Denton growth is explosive. If the growth of the city does require it, the contract can be amended. Lanny expressed concern that if the growth in the Denton community is explosive, then there will be questions over whose water this is. Coplen commented that only surplus water is being sold. He indicated his concerns were the same as Laney's) however legal counsel hau advised and evidence has been shown that the utility is only selling surplus water at a reduced value, and this is the key to protection of Denton's water rights. Nelson noted that the UTRWD has a contract with the City of Dallas, but they have not opened that contract yet, and won't until Denton cannot furnish their needs. Nelson observed that Denton now has 11 MOD for Denton's use at a population of 66,000; Denton uses 10 MOD. There Lt 24 MOD In Lewisville Reservoir and Ray Roberts, plus 2 MOD in Cooper Reservoir. Therefore, Denton can incrname population to 155,000 before being out of water. With water conservation measures, Denton could support a higher population than that. yotel Thompson called for a vote, All ayes, no nays, motion cagied, y Coplen went on Council that the t biggest concern the staff Board phasnin t theC85! legality Levu*. The rest of the contract is as fair as the Board and staff know how to get it, The Board does not went to end up with Denton becoming a rdgional euppller. Nelson stated he would ask the City Attorney to double check with the Austin Attorney to assure Denton's rights. Thompson emphasized that Denton does want to help the neighboeing cities as much as possibiel Denton fathered the district in a sense and hopes the other cities prosper under this contract as well, 8. RECXIVE UPDATE ON UTILITY DYTARTMCNT "TREX POWRR" PROORAM. Foster gave the Board a short update advising that there are five weeks loft: in the three month program. The Utility nas received just undP: 1900 raquests for coupons and are virtually assured of meeti g Lhe goal of 2000 trees placed throughout the city. His staff in currently working with the nursery to get m,>rs trees, .,nd the Nrokjram will extend through May. The ndvartirinq ham bean eil; back to once per meek, but the d.aff is getting the word out through cable tv and tirasc•,taticna to civic orgo-aizations, Frndy ar,nod If theta would be a followup nativity by the staff e bl effectiveness be A r random selof the eotion f programs euatmers c ssAeoted,t that there wi and a ourvoy made Ae to where the tveas wore planted, what kind were preforrad and the general efrectiveneao of the nrogrn 'fh,)rt )eon askn;l et>av.t the t.reea that were to have been placed or. UniverB':y Drive, Nelson ndvlsod that the Parke Department is to eupp_y those Lr.oes, r -f ALL002D7 A~}onda Itom!~ ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE MAYOR TO EXECUTE AN EOREEMENT BETWEEN THE CITY OF DIENTON, AND THE UPPER TRINITY REGIONAL WATER DISTRICT FOR WATER TREATMENT AND TRANSMISSION SER- VICES] AUTHORIZING THE EXPENDITURE OF FUNDS AS PROVIDED IN SAID w AGREEMENTI AND PROVIDING AN EFFECTIVE DATE. SECTION 1. That the Mayor is authorized to execute an Agree- ment between the City of Denton and Upper Trinity Regional Water District for water treatment and transmission services, under the terms and conditions set forth in the Agreement, a copy of which is attached hereto as Exhibit A. SECTION II. That this ordinance shall become effective immedi- ately upon its passage and approval. PASSED AND APPROVED this the day of 19920 BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY$ APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY I ~~~~CL1~ rid ~LJ Y. ALL00297 owhl No. a ~►2 Ar~endalft;rn..~_~ Z [Wv THE STATE OF TEXAS § CONTRACT BETWEEN CITY OF DENTON § AND UPPER TRINITY REGIONAL WATER § DISTRICT FOR WATER TREATMENT AND § TRANSMISSION SERVICES This Agreement made this day of _ , 1992 by and between the City of uenton, a Municipal Corporation organi- zed under the laws of the State of Texas ("DENTON"), and the Upper Trinity Regional Water District, a conservation and reclamation District created pursuant to Article XVI, Section 59 of the Con- stitution of the State of Texas ("DISTRICT"); WHEREAS, DISTRICT was created by the Texas Legislature to serve various regional water utility purposes including providing wholesale treated water service to participating cities and uti- lities of Denton County and adjacent areas; and WHEREAS, DENTON has an existing water treatment plant, known as the spencer Water Treatment Plant, and such plant has Treatment Capacity sufficient to serve DENTON'S current water treatment needs, plus capacity to serve additional wholesale customer water treatment needs for a limited period of time; and WHEREAS, DISTRICT desires to contract for the use of water treatment plant services; and WHEREAS, the treatment capacity of DENTON'S existing and pro- posed water treatment plants that is surplus to DENTON's current needs is available for use by DISTRICT; and WHEREAS, DENTON has water transmission lines with sufficient capacity to serve DENTON'S current needs, plus sufficient trans- mission line capacity for the Primary Term of this Agreement to deliver up to 4.5 mgd of treated water to the DISTRICT; and I' hdOnrl4bJo. _ -n / Agenda Itrm,z~es___G 7C? IWO WHEREAS, DISTRICT is managing a phased development of its Master Plan and ;,as scheduled the first phase of its wholesale water transmission system to be operational within two years; and WHEREAS, DISTRICT desires to enter into a contract with DENTON for the use of water treatment and water transmission service in accordance with the terms and provisions set out herein; ' NOW, THEREFORE, in consideration of the mutual covenants and A agreements herein contained, the Parties agree as follows., ARTICLE I DEFINITIONS 1.1 "Bonds" means all bonds hereafter issued by the District, whether in one or, more series or issues, and the interest thereon, to acquire, construct and complete its Regional Water Project, and/or all bonds issued subsequently to improve, extend, operate or maintain the project, and any bonds issued to refund any bonds or to refund any such refunding bonds. 1.15 "Consumer Price Index" shall mean the Consumer Price Index For All 'Urban. Consumers, CPI-U, (all itams, publiahed by the United States Department of Labor, Bureau of Labor Statistics 1982_ ' 1984 - 100) published by the United States Department of Labor, bureau of Labor statistics or any successor to such agency. If publication of the agency is discontinued, CPT-U shall refer to comparable statistics with respect to the cost of living for all urban consumers published by any agency of the United States government and mutually agreed to by DISTRICT and DENTON. CI/WP51/D0CUMENT/TAT-TRN.SVS \ July 16, 1992 Page 2 t 4 t~enda rlo.._1~ e:.0o2 Agenda Itarn ~S la_. G%~ l 1.2 "DENTON'S Transmission System" or "Transmission System" f means all of DENTON'S water lines twelve (12) inches in diameter or larger used to transport treated potable water to its customers. 1.3 "naNTON'S Treatment System" or "Treatment System" means the Spencer Water Treatment Plant, and the Ray Roberts Water Treat- ment Plan, when constructed, including all appurtenances thereto and all existing raw water transmission facilities from the water source to the water treatment plant.' 1.35 "DENTON'S Water Utility System" or "Water Utility Sys- tem" means all existing and future facilities utilized to provide water to DENTON'S retail and wholesale customers, including, but not limited to, Water Treatment Systems, Transmission Systems, wa- ter storage facilities, distribution systems and administrative and personnel buildings. 1.6 "Fisoal Year" means the period of time from October 2 of each calendar year through September 30 of the next following cal- endar year. 1.5 "Initial Period" means the period of time that DISTRICT will receive temporary or interim water treatment or transportation service out of DENTON'S excess capacity, which period of time shall commence on the effective date of this Agreement and continue through midnight, May 31, 1998. 1.6 "MOD" is an abbreviation for "million gallons of water per day", 1.65 "Peak Day Volume" means the highest quantity of water used or requested by DISTRICT, whichever is greater, for any single CI/WP51/D0CUMENT/TRT-TRN.SVS C July 16, 1992 Page 3 ,t ~JJ J 9 day throughout any Water Year. Peak Day Volume is determined by measuring the cumulative maximum outflow from all points of delivery, 1.7 "Point(s) of Delivery" means the point(s) designated in this Agreement or by subsequent agreement where water will be de- livered to DISTRICT from the DENTON Transmission System. 9 1.8 "Take or Pay" shall mean an obligation to pay for the amount of Water Treatment Capacity specified in the Agreement, without regard to the amount of Water Treatment Capacity actually used under this Agreement. 1.81 "Total Peak Day Transmission Volume" means the total peak day volume requested of the Denton Water Transmission System which shall include the City of Denton's peak day volume, the District's Peak Day Volume delivered from Denton's Water Transmission System and any other Denton water transmission customers' peak day volume delivered from Denton's Water Transmission System. 1.85 "Transmission Operating Costs" means those costs associ- ated with the normal maintenance and repair of the Water Transmis- sion system. 149 "Treatment Capacity" means the maximum daily capability to treat raw water, expressed in gallons, that would, if maintained consistently through a period of twenty-four (24) hours, provide the maximum quantity of potable water in any one day of a Water Year. 1.10 "Variable Costs" means those costs that vary according to the quantity of water treated, pumped or transported, including Ci/WP51 /DOCUMENT/TRT-TRN.SVS July 16, 1992 Page 4 r !1 iTonda No. a ~a 18' ~ ~7 cast of electricity, chemicals, variable mechanical costs, and like charges that vary with the volume of water. 1.11 "Volume" means quantity of water, in gallons, that DIS- TRICT requests or actually receives from DENTON, 1,12 "Water Year" means the period of time from June 1 of each 4 calendar year through May 31 of the succeeding year. ARTICLE II INITIAL, PERIOD FOR WATER TREATMENT AND TRANSMISSION SERVICES 2.1 Treatment and Transgispion 8ervi0e9 During the initial period, DENTON agrees to treat water for DISTRICT in DENTONOS Water Treatment System, and to transport such treated water to the Point(s) of Delivery subject to the terms and conditions stated herein. DISTRICT agrees to contract for the use of water treatment services and for the use of water transmis- sion services from DENTON subject to the terms and conditions stated herein. 2.2 $g1Lpfater To Be supplied By Distri..t All raw water to be treated by DENTON on DISTRICT'S be- half under the terms of this Agreement shall be provided by DIS- TRICT at its sole expense. Such raw water shall be provided out of sources under contract to DISTRICT and delivered or made available to DENTON by DISTRICT in Lake Ray Roberts or Lake Lewisville. This provision specifically includes raw water that is under contract to DENTON and DISTRICT out of Cooper Reservoir in Sulphur River Basin, which water may be made available to Lake Ray Roberts or Lake Lewisville, if authorized by saparate agreement with Da'las. De- Ci/WP51/DOCUMENT/TRT-TRN.SVS July 16, 1992 Page 5 , r. i *S a.J 51 r, livery of any other water from outside the Ray Roberts - Lewisville Lake system for treatment by DENTON under this Agreement will re- quire the written permission of DENTON. Except, for Cooper Reser- voir water, DENTON shall have no obligation under this agreement to treat any water delivered by DISTRICT from outside the Ray Roberts- Lake Lewisville Lake system and DENTON may refuse to accept any other such water at its treatment plants. 2.3 T Inn Q _4rV Sale_ of HAW , a er The provisions of this Article notwithstanding, DISTRICT agrees that DENTON reserves has the right of first refusal to sell raw water on a temporary basis to DISTRICT according to the terms of a separate raw water agreement, 2.4 Availability of Treatment and Trauemission Services Treatment of raw water provided by DISTRICT under this Agreement is expressly subject to and limited by the availe,ble supply of raw water from DISTRICT. DENT014 shall exercise due dil- igence to assure that the treatment and deliverability of water is maintained. Should DENTON need to curtail treatment or transportation of water for its customers, DEN`PON may impose a like curtailment on treatment or deliveries of water under this Agreement to DISTRICT without being in default of the Agreement. Such curtailments shall be limited to the extent that such supplies and service are cur- tailed due to a lack of raw water supply or because of system fail- ure or malfunction, contamination, ants of God, civil disturbances, war or other causes beyond DEhTON'S control, DISTRICT will cooper- C CI/NP51/DOCUMENT/TRT-TR% SVS July 16, 1992 Page 6 l r. ~---p- nJe,itla ate by imposing like curtailment measures upon its sales. 2.6 8quitably Restrictions To the extent DENTON imposes restrictions relating to the curtailment of water dolivery and availability, DENTON agrees to impose such restrictions and in a non-discriminatory fashion. , 2.7 Use of Wells Nothing in this Agreement shall be construed to impair or affect DISTRICTS right to use any existing water wells or any water wells it may drill in the future. ARTICLE II1 WATER SERVICE 3.1 Volum• of Treatment and Transco ssion eervioe to p~ p ovid for the Initial Perio4 The volume of treatment and transmission service to be made available to DISTRICT by DENTON during the Initial Period for each Water Year shall be established annually as described in this Article. DENTON will make available to DISTRICT, for the Initial. Period, up to 4.5 mgd of water treatment and transmission services , for water treated by DENTON. DENTON will not transport any water for the DISTRICT during the initial Period other than water treated in DENTONIS Treatment System. 3.2 District t ci v of ce Not less than one hundred and twenty (120) days before the beginning of the first and each successive Water Year, DISTRICT shall give written notice to DENTON concerning the Peak Daily Vol- ume of Treatment Capacity and transmission service being requested. CI/WP51/D000MENT/TRT-TRN.SVS July 16, 1992 Page 7 l ,I A(~ciidi IICm.L'S.G-r--- ~M DENTON may, at its sole discretion, waive the one hundred and twenty (120) day notice requirement upon the written request of DISTRICT, Such request and waiver shall be effective only if dory in writing. If the requested volume exceeds 4.50 mgd, DENTON shall determine the capacity in DENTON'S Treatment and Transmission Sys- tem expected to be surplus to DENTON'S needs. If, for the upcoming Y Water Year, DENTON determines there is surplus capacity in DENTON'S Water Treatment and Transmission System above 4.50 mgd to provide the DISTRICT with the additional requested treatment and transmis- sion services, DENTON may, under the terms of this Agreement pro- vide such additional treatment services for that Water Year, The parties agree that Exhibit "A", as described in Article 4.1 hereof shall be supplemented each year of the Primary Term of this Agree- ment to reflect the Peak Daily Volume DISTRICT has requested for each Delivery Point. The first Water Year or any portion thereof under this Agree- ment shall be the first year that water is actually delivered by DENTON under this Agreement and taken by DISTRICT. For the first Water Year, the one hundred and twenty (120) day notice referenced A above shall be interpreted to mean one hundred and twenty (120) days prior to the date actual delivery of water is requested to begin. Prior, to the first Water Year, DISTRICT and DENTON shall coordinate on a regular basis the activities necessary to plan for and commence delivery of treated water. Thereafter, prior to June 1 of each year, DISTRICT shall provide an estimate of the treatment and transmission services it expects to request for the succeeding C$/WP51/D0CUMENT/TRT-TRN.8VS July 16, 1992 Page 8 r, 1 ki s t Agenda llem_/ s~ 1` Z/✓_. three-year period. 3.3 Minimum Volume DISTRICT agrees, during each Water Year of the Initial Period, to pay DENTON, on a take or pay basis, for a Minimum Water Volume based upon the Peak Day Volume of treatment and transmission capacity requested or taken, whichever is greater, by DISTRICT for o each Water Year. The Minimum Water Volume shall be calculated using the following formula: Minimum Water Volume = Peak Day Volume multiplied by 365 multiplied by the applicable percentage*. *The applicable specified percentage for each year of the Initial Period shall be: 1994 1995 1996, 19 7 199 70% 70% 60% 55% 55% During the Initial Period, each Water Year's Peak Day Volume shall not be less than any prior Water Year's Peak Day Volume. ARTICLE IV DELIVERY$ LOCATIONO METERING CONDITIONS 4.1 Delivery-and Metering DENTON agrees to deliver the treated water hereunder at Delivery Point(s) shown in Exhibit A, attached hereto and incorpo- rated herein by reference, and at any other such points as may be mutually agreed upon by DISTRICT and DENTON. The cost of acquir- ing, designing, installing and constructing all water delivery and metering equipment or facilities necessary to fulfill this Agree- ment, including, but not limited to, water lines to metering Cr/WP51/00CUMENT/TRT-TRN,SV8 July 16, 1992 Page 9 r ! j A(jr'[Wj 1411(1 Nil) points, meters, meter vaults and associated valves, shall be borne by DISTRICT. Upon completion of construction and acceptance by DENTON, DISTRICT shall dedicate the metering facilities, including the rate-of-flow controllers, to DENTON prior to the initiation of services hereunder. All plans for metering facilities and pipe- lines related thereto shall conform to DENTON'S requirements and shall be submitted to DENTON for its written approval prior to installation, which approval will not be unreasonably withheld. However, it is anticipated that the existing Points of Delivery for DENTON'S existing wholesale customers will be sufficient if Corinth and LCMUA receive water from the DISTRICT during the Initial Period. This Agreement does not contemplate the installation of duplicate metering facilities to measure the water being trans- ported and delivered. Nevertheless, if such additional metering abilities are determined by the Parties to be necessary, they shall be installed under mutually satisfactory terms. DISTRICT represents and covenants that it has acquired, or will acquire, prior to the installation of metering equipment, the necessary easements or right-of-way on which the metering facili- ties and associated appurtenances for all points of delivery will be placed. 4*2 XgjAtenqnVq _1'nd Ca] bratioa of Matte a All water furnished shall be measured by meters installed at the Point(s) of Delivery. DENTON agrees to maintain said meters and to cause such repairs and adjustments to be promptly made. DENTON shall test the meter(s) annually, The costs of meter re- Ct/WP51/DOCUMENT/TRT-TRN.SVS July 16, 1992 Page 10 t r, N 1• •i hlnnda PJ6. ~ Q~ Agenda II Fole~s~ (lite pairs and testing shall be included in the Variable Costa. Upon the request of DISTRICT, DENTON shall test the meter(s) more frequently than annually, but such additional test(s) shall be at DISTRICT'S expense, except when an error in metering is found to exceed 2%. If a meter is found to be in error by more than plus or minus two percent (2%), adjustments shall be made accordingly. a If either Party at any time observes an apparent error in meter registration or readings, such Party will promptly notify the other Party. DENTON shall arrange for a calibration test and joint observation of any adjustment and the same meter or meters shall then be adjusted to accuracy. DENTON shall give DISTRICT at least forty-eight (48) hours notice of the time of all tests of meters so that DISTRICT may conveniently have a representative present. If for any reason any meters are out of repair so that the amount of water delivered cannot be ascertained or computed from the reading thereof, the water delivered during the period such meters are out of service or out of repair shall be estimated and agreed upon by the Parties hereto upon the basis of the best data available. ror such purposes, the best data available shall be deemed to be the registration of any check meter or meters if , the same have boon installed and are accurately registering. Otherwise, the amount of water delivered during such period may be estimated (i) by correcting the error if the percentage of the er- ror is ascertainable by calibration tests or mathematical calcula- tion, or (ii) estimating the quantity of water by deliveries during the preceding periods under similar conditions when the meter or. Ci/WP51/DCCUMFNT/TRT-T'RN.SVS July 16, 1992 Page 11 \ r I, nllentla (kilt, meters were registering accurately. 443 Unit of Mea oVrre, The unit of measure for water delivery under this Agree- ment shall be 1,000 gallons, U.S. Standard Liquid Measure. 4.4 Aaasps Each Party agrees to provide ingress and egress for the employees and agents of the Party that owns the meter to all its premises inside Party's boundaries as required to install, operate, inspect, test and maintain meter facilities. 4.5 Bete of FLo_V__Qgntroller Except as provided below, a rate-of-flow controller shall be installed at each Point of Delivery of water from DENTON to DIS- IMICT where peak rate of flow is expected to exceed 0.5 mgd. DIS- YRICT shall pay for the required rate-of-flow controllers and main- tenance coats. Each rate-of-flow controller shall be set at the DISTRICT'S Peak Day Volume as requested for each Point or Delivery as provided in Article III herein, and shall be set on June 1 or later of each Water Year. The total of all Peak Day Volume set- tings requested by DISTRICT shall not exceed the Peak Day Volumes requested in accordance with Section 3.2. DENTON and DISTRICT recognize the temporary nature of the treated water service pro- vided for herein. Accordingly, both parties agree to consider achieving the results desired under this paragraph without the expense ordinarily associated with installing a rate of flow controller for such temporary period. C1/WP51/D0CUMENT/TRT-TRN.SVS July 16, 1992 Page 12 1 v. Age.90Mm)./ 6Gr__// a4 ~ 4Z7 4.6 eliveryLCheok Valve DISTRICT shall receive water from DENTON, either through an open discharge into a ground or elevated storage tank, or into a supply line. If delivered into a supply line, an appropriate backflow preventor check valve shall be placed by DISTRICT in the delivery line to assure that no flow of water from DISTRICT'S ` system can return to DENTONOS system. ARTICLE V WATER RIGHTS 5.1 No Conyevapc~e of. W er Rights DENTON and DISTRICT acknowledge that nothing in this Agreement is intended to sell, transfer, or convey any water rights from DENTON to DISTRICT or any other entity and no such rights are sold, transferred, or conveyed. DISTRICT is responsible for making its own provisions for raw water supply and agrees to do so by separate action, contract or agreement. if this Agreement is ever construed to effect a sale, transfer, or conveyance of water rights from DENTON to DISTRICT, then it shall be null and void. 5.2 Wiktr u n1Y DENTON and the DISTRICT, individually and respectively, will be responv:iI)Ae ftr their respective raw water supply needs. ARTICLE VI LONG-TARM WATER 11AANSHISSION SERVICES 6.1 ZAAtAal BerAo4 Transmisaio eerv3oas Water transmission services for the Initial Period shall be provided for in conjunction with water treatment services in / Cs/WP51/D0CUMENT/TRT-TRN,SVS \ July 16, 1992 \ Page 13 ti' F G I,1 accordance with the terms and conditions provided in Articles 1'I and III. 6.2 Lona-Term ilatdr Transmission servia9 DENTON agrees to sell provide the DISTRICT long-term water transmission services from the date of termination of the Initial ° Period for the remainder of the Primary Period designated In sec- tion 12.3, subject to the DISTRICT'S compliance with the require- 00 ments of Section 6.3. Such transmission service shall be available to and through the delivery points as listed in Exhibit A, unless other delivery points are agreed to in writing. DENTON agrees to provide up to 1.5 mgd of transmission service to the Corinth meter- ing point and 1.0 mgd of transmission services to the Lake cities municipal Utility Authority (LCMUA) metering point, each location as shown on Exhibit A. Said maximum amounts shall be increased to 4.50 mg'd collectively for Corinth and LCMUA upon the completion of DENTONIS otherwise planned expansion of that portion of DENTON'S .system, it being agreed that DENTON will not be required to expand such transmission capacity solely for Corinth and LCMUA, unless otherwise needed for DENTONIS System. DENTON shall not be obli- gated to provide such increased maximum amounta unless DISTRICT first pays for the construction of any overoized pipeline for the expansion to serve Corinth and LCMUA, based upon DISTRICT'S pro- portionate share of the overall transmission capacity of the line. 6.3 D~tc~ivs ~1 g tae Two years before the beginning of the first and each successive Water Year beginning with Water Year 1998, DISTRICT Ci/WP51/D0CUMENT/TRT-TRN.8VS July 161 1992 Page 14 i n ~s fl fr r8 shall give written notice to DENTON concerning of the Peak Daily Volume of transmission service being requested. DENTON may, at its sole discretion, waive the two-year notice requirement upon the written request of the DISTRICT. If the requested amount exceeds that amount listed in Exhibit A, DENTON shall determine if such additional capacity is available. If, for the upcoming Water Year, DENTON determines there is suffi- cient additional capacity in Denton's Water Transmission System to provide the DISTRICT with the additional requested transmission services, DENTON may, under the terms of this Rgreement, provide such additional transmission services for that Water Year. 6.4 Service For Samar if during the Primary Term of this Agreement, the DIS- TRICT proposes to serve the City of Sanger through a pipeline ex- tension from the northwestern portion of DENTON'S water distri- bution system generally along Interstate 35, DENTON will make rea- sonable capacity available, in accordance with Exhibit A for the Primary Term of this Agreement. DENTON may participate, at its option, in the capital and operating cost of said pipeline based upon its proportionate share of the overall transmission capacity of the line, up to the limits of DENTON'S extraterritorial juris- diction. If DISTRICT determines at any future time that such pipeline to the City of Sanger is no longer needed, DENTON shall Nave an option to purchase DISTRICT'S portion of said pipeline at the original cost thereof, less accumulated straight-line depre- ciation. To provide such service to Sanger, DISTRICT shall have Cf/WP51/D0CUMENT/TRT-TRN.8V9 July 16, 1492 Page 15 hf .4 r. r the option to purchase treated water from DENTON at its posted price for wholesale treated water, if such rate exists, or at DENTON'S rate for large industrial customers, or to request DENTON to transport DISTRICT'S water according to the provisions of this Agreement. 6.5 Rights to Water Transmission system DENTON and DISTRICT acknowledge that nothing in this Agreement is intended to transfer any rights to water transmission service from DENTON to DISTRICT or any other entity. 6.6 Minimum Transmissiog volume DISTRICT agrees, during the 1998 Water Year, and each Water Year thereafter, of the Primary Term of the Agreement, to pay DENTON, on a take-or-pay basis, for a minimum Transmission Volume based upon the Peak Day Volume of transmission service requested or taken, whichever is greater, by DISTRICT for each Water Year. During the Primary Term, or any extension thereof, each Water Year's Minimum Transmission Volume shall not be less than the pre- vious Water Year's Minimum Transmission Volume. The Minimum Transmission Volume for any water year shall be , not less than the DISTRICT'S Peak Day Volume multiplied by 365 times 50%. ARTICLE VII RATES AND CK"GES FOR SERVICE 7.1 W ter '&9atment servioe - zxi-itiAl Period DENTON and DISTRICT agree that the services being con- tracted for herein for the Initial Period are limited to tempora- Cl/WP51/D0CUMENT/TRT•^TRN.SVS July 16, 1992 Page 16 v. , agenda lteryn. S 6' A'I !kilo 3D rily surplus capacity and do not contemplate any investment by DENTON to provide services requested by DISTRICT. DENTON and DISTRICT agree that existing raw water facilities, existing Treat- ment capacity and existing transmission facilities were constructed for the long-term needs of DENTONIS customers, not including the ; DISTRICT. Therefore, DISTRICT will have no right to firm, long- term use of any of said facilities or capacity except as provided in Sections 6.2 and 6.4 and such capacity shall be available through the Primary Term of this Agreement. 7.2 gAgXges For gatar Treatment a Transportation service-- Initial Period DISTRICT agrees to pay for the temporary services during the Initial Period in the following manner: a) Variable Costs for use of. DENTONIS Water Treatment Capacity in proportion to DISTRICT'S use of the Treatment capacity required by DENTON'S retail and wholesale customers; plus b) Transmission Operating Costs of DENTON'S Water Transmission Capacity in proportion to DISTRICT'S use of the transmission capacity required by DENTONfS retail and wholesale customers; plus c) A Transmission Service Fee of ten cents (104) per thousand gallons and a Treatment Fee of forty-five (454) per thousand gallons of treated water deliv- ered to DISTRICT. These service fees shall be sub- ject to an annual adjustment on or about October 1 C1/WP51/D0CUMENT/TRT-TRN.3VS July 16, 1992 Page 17 a✓ - fJ r lt~enda Ilem.~~_S~,r~~ 1 of each year, commencing October 1, 1993, to re- flect increases or decreases in costs according to the Consumer Price Index. The current index shall refer to the last bimonthly (if available, if not, the last quarter) Index published prior to the date a of adjustment. Subject to the specific exception in the next sentence, "Previous Index" shall refer to the last bimonthly (if available, if not, the last quarterly) Index published just prior to the previous date of adjustment. With respect to the first adjustment, the "Previous Index" shall refer to the last bimonthly (if available, if not, the last quarterly) Index published prior to the ef- fective date of this Agreement. These fees shall be adjusted based by multiplying the applicable fee times a fraction (the CPI Adjustment Formula), the numerator of which is the Current Index and the de- nominator of which is the Previous Index, The charges outlined in this paragraph will be expressed as a total unit price per thousand gallons to be effective for each Fiscal Year.. Prior to May 1 of each year, DENTON shall provide to DISTRICT a cost analysis based on actual data for the most recent 12-month period for wriiuii such data are available, costs shall be projected to the forthcoming Fiscal Year, DISTRICT shall be grant- od access to DENTONIS books and records at reasonable times upon reasonable notice to review the cost analysis provided. DENTON may Ct/WP51/D0CUMENT/TRT--TRN.SVS July 16, 1992 Page lA it r 1- LMI r; S-2 choose to bill DISTRICT each month based on estimated Variable Cost for the and correct for actual costs in the billing for the succeed- t ing month. 7.3 Charges for.Lonq-Term Transmission Service The charges outlined in this paragraph shall be expressed as a total unit price per thousand gallons to be effective for each Fiscal Year. Transportation costs for long-term service shall in- + clude operation and maintenance expenses of the Transmission Sys- tem, pumping and energy costs, depreciation expense, and a return on DENTON'S applicable rate base (DENTON'S actual net investment in the Transmission System equal to original cost less depreciation reserve) in its Transmission system, which return shall be equal to the weighted average interest- rate on all outstanding debt for DENTON'S Water Utility System plus one and one-half percent (1.5$). A street rental fee equal to four percent (0) of total transporta- tion cost, may be included in operation and maintenance expenses, Depreciation expense will be based upon the original cost of all capital, invested and contributed, which must be replaced by DENTON at a future date in order to maintain service. Pipelines and other facilities paid for by others the DISTRICT, Corinth and LCMUA shall not be included in DENTON'S investment cost but may be included when calculating operating and maintenance expense. Costa to transport water shall be calculated on a system-wide basis, exclud- ing distribution facilities, and shall be limited to the Transmis- sion System which shall not include the cost of transporting water through lines smaller than twelve (12) inches in diameter.. Ct/WP51/D0CUMF.NT/TRT-TRN,5VS July 16, 1992 Page 19 i r. k ' ~ lujerarla No. ___~a2_'Q~ / Anmttla 11cm~s~ ~ 7`"~~ The test year for establishing the transportation rate shall be the projected year that the rate is applicable. Test year data shall be obtained from actual data of the second year prior to the test year Frith adjustmfints made for known or verifiable changes. The proportion of applicable rate base for which the DISTRICT shall , pay a rate of return shall be as follows: District's proportion of rate base = District's Peak Day Volume Total Peak Day Transmission volume 7.4 Allocation of Transmission Cost operating and maintenance expenses of the combined trans- mission and distribution system shall be apportioned, after deducting expenses unrelated to the transportation function, in- cluding such activities as retail metering, retail meter shop ser- vices, fire hydrants, fire protection, pressure maintenance, cus- tomer connections or taps, to the Transmission System on an inch- mile basis, taking into account all of the pipelines in DENTON'S system. A unit price for transportation of water through the Transmission System shall be calculated by taking into account the total volume pumped by DENTON on an annual basis for all of DENTON'S retail and wholesale customers, including DISTRICT. The charges outlined in this paragraph will be expressed as a total unit price per thousand gallons to be effective for each Fiscal Year. Prior to May 1 of eac.i year, DENTON shall provide to DISTRICT a cost analysis based on actual data for the most recent / C1/WP51/D0CUMENT/TRT-TRN.SV5 July 16, 1992 Page 20 < 11 ngardu temp's ~G t ?Q tkilr: "O 12-month period for which such data are available; costs shall be projected to the forthcoming Fiscal Year. 7.5 Notio~Opportunity to Comment DENTON shall notify DISTRICT by May 1 of each year of any intent to change any rates or charges provided for in this Article. DISTRICT shall have at least 60 days notice to review and comment on proposed rates prior to submission of such proposed rates to le DENTON City Council for approval. District shall have access to DENTON'S books and records at reasonable times upon reasonable notice to review cost analyses and proposed rates. Revised rates shall become effective in accordance with DENTON'S ordinance estab- lishing such revised rates. 7.6 DENTON~9 option to Purohase_Enterim 1Pa or DISTRICT hereby agrees upon reasonable notice to allow DENTON to purchase interim water out of surplus treatment capacity to be constructed in future by DISTRICT and for transmission ser- vice related thereto. This option may be exercised by DENTON to allow it to defer construction of its own treatment capacity or to minimize the amount of reserve capacity constructed in connection therewith. The terms and conditions of such sale by DISTRICT to DENTON shall to the extent applicable be the same as herein, but may be modified by mutual agreement according to the conditions and circumstances then existing. C v Ci/WP51/D0CUMENT/TRT-TRN.SVS duly 16, 1992 t" page 21 y, :i { • Ar~r;ndaNo. __..~~.~4~~... - ARTICLE VIII TRANSFER OF CUSTOMERS 8.1 Transfer of Corinth and LCMUA The DISTRICT acknowledges that the City of Corinth ("Co- rinth") and the Lake Cities Municipal Utility Authority ("LCMUA") s are existing wholesale customers of DENTON'S water system. DENTON acknowledges that Corinth and LCMUA have contracted to be Partici- pating Members of DISTRICT'S Regional Water Supply System. DENTON and DISTRICT will cooperate to achieve an orderly transfer of Co- rinth and LCMUA to DISTRICT'S System when the DISTRICT is ready to serve them, but no sooner than when the DISTRICT installs its first pipeline to serve a participant in the Regional Water Supply System other than Corinth or LCMUA, or June 1, 1994, whichever date is later. 8.2 DENTON to Trans orWater Further, DENTON agrees to continue for the Primary Term of this Agreement to transport water through existing pipelines to Corinth and LCMUA for DISTRICT if requested by DISTRICT and in ac- cordance with the provisions of Section 6.2 and at volumes not to exceed those enumerated in Exhibit A. 8.3 Prermisi eet of Transfer This Agreement shall not take effect unless and until Corinth and LCMUA request that DENTON terminate their respective water purchase contracts with DENTON and that they be transferred to DISTRICT as DISTRICT'S customers. This Agreement shall also not take effect if there is, at the time of the proposed effective Ci/WP51/D0CUMENT/TRT-TRN•SV8 July 16, 1992 Page 22 - • ~ v r. r M1{ ~i D4aord,a No. - ' , . Z,., Aqvda Ilcam. ~r (Ado ? a i-.yam se k date, any existing or threatened litigation or active disagreement between DISTRICT and DENTON concerning any provision in this or in any other agreement between the two parties, or any existing or threatened litigation or active disagreement between DENTON and Corinth or LCMUA regarding any matter, ARTICLE Ix A WATER SYSTEM STANDARDS AND SUPPLY 9.1 Due Diliaenoe to Meet Health Standards For the protection of the health of all consumers supplied with water from the water system of DENTON, DISTRICT and DENTON agree to use due diligence to comply with State of Texas Department of Health standards and to guard carefully against all forms of contamination to their respective water systems. If at any time contamination of DENTON's Treatment or Transmission System should occur, to the extent that city, state, or federal regulators believe that human health is affected, the water supply to the area or areas affected shall be immediately shut off or regulated and remain so until such conditions shall have been abated and the water declared again safe and fit for human consumption by properly constituted governmental health agencies having jurisdiction there- of. If at any time contamination of DISTRICT'S treatment or trans- mission system should occur, to the extent that city, state, or federal regulators believe that human health is affected, DENTON may temporarily discontinue flows from DISTRICT and the water sup- ply to the area or areas affected shall be immediately shut off or regulated and remain so until such conditions shall have been Ci/WP51/00CUMENT/TAT-TRN.5VS July 16, 1992 Page 23 t. r. e )4 abated and the water declared again safe and fit for human consump- tion by properly constituted governmental health agencies hiving jurisdiction thereof. During such temporary discontinuance, DENTON may provide water supplies from DENTON'S plants, to DISTRICT's cus- tomers receiving water service thr.ounh DENTON'S Transmission Sys- tem. Such supply shall be subject to DENTON'S determination, at its discretion, of its ability to provide such service at a price r per thousand gallons equal to the average price of DENTON'S largest retail water customer. 9.2, Curtailment DENTON expressly reserves the right to discontinue tem- porarily, after notice to DISTRICT, the supply of water to any of the pipes laid or to be laid by DISTRICT whenever it is necessary to do so to insure proper operation of the DENTON water system, or, for noncompliance with any provision of this Agreement. In such instance, no claim for damage for such discontinuance or curtail- ment shall be made by DISTRICT against DENTON. ARTICLE S BILLINQ AND PAYXENT 10.1 Bill_kReadered DENTON shall render bills monthly for treatment and trans- m`.ssion charges incurred by DISTRICT under this Agreement by the tenth (10th) day of each month. Fulls shall be due and payable upon receipt by DISTRICT. 10.2 rompt FaymApt and Disputed Bills DISTRICT shall. make payments to DENTON within 20 calendar Ct/WP51/DOCUMENT/TAT-TRN.SVS July 16, 1992 Page 24 r r 7l r i r d,1 u. A( 1km& 11eiii days of the date a bill for service is rendered. If DISTRICT at any time disputes the amount to be paid by it to DENTON, DISTRICT shall nevertheless promptly make such payment or payments; but, if it is subsequently determined by agreement or court decision that such disputed payments should have been less, or more, the amount ti shall be promptly adjusted. The charges shall be adjusted in such manner that DISTRICT will recover its overpayment or DENTON w ill recover the amount due it. All amounts due and owing to any Party shall, if not paid when due, bear interest at the rate of ten per- cent (10%) per annum from the date when due until paid. ARTICLE %I GENERAL PROVISIONS 11.1 Representations of the Partias DEENTON and the DISTRICT hereby covenant and agree as follows; a) Each Party to this Agreement warrants that its actions in executing and entering into this Agree- ment have been duly authorized in a manner that follows the laws appli(,able to it. b) Each Party to this Agreement warrants that it shall promptly and with all due diligence, acting jointly or individually as may be appropriate, take all necessary actions and endeavor to obtain all regu- latory appl,ovals, licenses, orders and permits necessary to carry out its obligations under this Agreement. C!/WP51/D0CUMENT/TRT-TRN.SV9 July 16, 1992 Page 25 c Y. 4 r ` 11,2 Service Essential and Nevessarv DISTRICT represents and warrants to DENTON that the ;-ar- vices to be rendered by DISTRICT to its customers as result of this Agreement are essential and necessary to the operation of its customers. DISTRICT agrees to require in all of its contracts with its customers, the language contained in Exhibit B, which language is intended to protect the tax exempt status of future revenue : bonds to be issued by DENTON and DISTRICT, 11.3 Termination and Default' Should DISTRICT fail, refuse or neglect to pay any bill for water treatment services or water transmission services within sixty (60) days of the date due or should it refuse, neglect, or fail to comply with or perform any of the condit-ions on its part required to be compiled with or performed hereunder, the DISTRICT shall be in default. If after such default, DENTON shall deliver to DISTRICT, addressed to the Executive Director of DISTRICT, a notice in writing of its intent to terminate the treatment or transmission of water on account of such failure, refusal or ne- glect, then DENTON shall have the right to terminate the treatment and transmission of water at the expiration of thirty (30) days after the giving of such notice and to terminate this Agreement, unless within thirty (30) days DISTRICT shall make good such failure, refusal or neglect. If DISTRICT pays or performs within the thirty-day (30) period the default shall cease to exist. The termination of this Agreement, as provided herein, shall not re- lease DISTRICT from its obligation to make payments of any amounts Ct/WP51/D0CUMB.NT/TRT-TRN.8VS July 16, 1992 Page 26 ~ r 'F 7 ~ 1 ~i [Ylto due or to become due in accordance with the terms hereof. 11.4 Force Ma eure If, because of flood, drought, fire, explosions, civil disturbance, war, water system failure or malfunction, acts of God, 4 or other causes beyond the control of either Party, either Party is not able to perform any or all of its obligations under this Agree- ment, then the respective Party's obligations hereunder shall be suspended during such period. 11.5 Liability and Claims Except for the actions or inactions described and dis- claimed in paragraph 11.6, which are expressly excluded from this indemnity, DENTON agrees to hold harmless and, defend DISTRICT, it officers and employees, from any claim of injuries, damages or losses that arises from any act, omission or negligence of DENTON, its officers or employees, in the operation of any facilities owne6 by DENTON and used under this Agreement, uailes:s said injuries, dam- ages or losses result from the negligence of DISTRICT. DISTRICT agrees to hold harmless and defend DENTON, its officers and employees, from any claims for injuries, damages or losses that arises from any act, omission or negligence of D'IS- TR'ICT, its officers or employees, arising from the performance of their Agreement, unless said injuries, damages or losses result from the sole negligence of DENTON, 11.6 Regulations (~f Other Agenoies DENTON shall not be liable in any event for the non- availability of treatment services hereunder due to the inability j Cs/WP51/D0CUMENT/'rRT-TRN,SVS ` July 16, 1992 Page 27 r. Agonda tjo. Arwl"1(1a It~m!~• G_ yi ~ y Of DENTON to perform any obligation under this Agreement for rea- r... sons beyond its control, including rules or regulations or other governmental-agencies, 11.7 Severabili~ Should this Agreement, or any provision thereof be, or ; found to be, in violation of any such applicable law or regulation, either Party, upon reasonable notice to the other, may terminate rr this Agreement, or upon the mutual consent of eech party, this Agreement may be amended so as to be in compliance with such law or regulation. 11.8 Assignment Neither DENTON nor the DISTRICT shall assign or transfer in whole or in part the rights and privileges granted In this Agreement without first obtaining the written consent of the other Party, 1119 Enti)La Agreamgatt xoditioation This Agreement smbodies the whole agreement of the Par- ties. There are no promises, terms, conditions, or obligations A other than those contained herein. This Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the Parties, and all modifications of this Agreement shall be in writing and approved by both Parties. 11.10 venue All amounts due under this Agreement shall be paid and be due in Denton County, Texas. It is specifically agreed among the Parties that Denton County, Texas, is the place of performance of Ct/WP51/D0CUMENT/TRT-TRN.SVS \ July 16, 1992 Page 28 'r1 this Agreement. In the event that any legal proceeding is brought to enforce this Agreement or any provision hereof, the same shall be brought in Denton County, Texas. 11.11 No Third Party Benefioiariea This Agreement is solely intended for the benefit of the Parties hereto and is not intended to and shall not be construed to be for the benefit of any individual or create any duty on behalf of DENTON or DISTRICT to any third party. 11.12 Noticee Any notice, request for information or other document to be given hereunder to any of the Parties hereto by the other Party shall be in writing and shall be hand-delivered or sent by certi- fied or registered mail, postage prepaid, requesting evidence of receipt: as follows% a) If to DENTON, Addressed to: City of Denton Attention: City Manager 215 East McKinney City of Denton, Texas 76201 b) If to DISTRICT, Addressed to: Upper Trinity Regional Water District Attentions Executive Director Post Office Drawer 305 Lewisville, Texas 75067 Either Party may change the address for notice above by certified mail to the other Party at any time. 11.13 Cartione The captions of the various sections and paragraphs herein are intended for convenience or reference only and shall not define C1/WP51/D0CUHBNT/TRT-TRN.SVS July 16, 1992 Page 29 Agenda Ilo. _ Ager~da item~s(a ~ ~ 7~- ~3 or limit any of the terms or provisions hereof. 11.14 Governing Laws This Agreement shall in all respects be governed by and construed in accordance-with the laws of the State of Texas, in- cluding all matters of construction, validity and performance. 11.15 aovernmeatal IMaunity Not dived a Neither DENTON nor DISTRICT waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise he available to it against claims made or arising from any act or omission resulting from the Agreement. ARTICLE XII TERM OF CONTRACT 12.1 Effective Date Upon execution by both Parties, this Agreement shall be- come effective upon the date first written above. 12.2 Tema r Temporer Interim 9eryiaes The provisions for temporary or interim services shall terminate according to the applicable sections of this Agreement and the definition of Interim Period in Article I. 12.3 Primary Term The Primary Term of this Agreement shall be twenty (20) years and shall terminate twenty (20) years after the date of this Agreement. This Agreement may be renewed for a subsequent twenty (20) year period (the Renewal Term) if agreed to in writing by both Parties at lea9t five (5) years prior to the termination date; pro- vided that either party may terminate the Renewal Term at any time Ci/WP51/DOCUMENT/TRT-TRN.SVS July 16, 1992 Page 30 1, 101T ,i tYlonda No. ~a ~s 1.. Agenda ltam /~S L_ /wy ~/7 F during the Renewal Term by giving the other party five yearsf r notice. IN WITNESS WHEREOF, the Parties hereto have caused this Agree- ment to be executed by their respective duly-authorized officers in multiple originals as of the date and year first above written. 0 CITY OF DENTON, TEXAS ATTEST: Bob Castleberry, Mayor T Jennifer Walters City secretary APPROVED AS TO LEGAL FORM: Debra A. Drayovitch City Attorney UPPER TRINITY REGIONAL WATER DISTRICT Jim Karlovich, President Board of Directors ATTEST: Tom Harpool, secretary Board of Directors APPROVED AS TO LEGAL FORM: John- F~, Boyle p J~ r I Attorney Hutchison, Boyle, Brooks & Fisher Ci/WP51/D0CUMENT/TRT-TRN.SVS July 16, 1992 Page 31 r r knndd Na. Agenda IWm/E?.~~_~ 1J1I0 EXHIBIT A POINTS OF DELIVERY Maximum Location Deiiyerability Interstate Highway 35 & Loop 288 4.0 rdgd U.S. Highway 380 & Loop 288 1.0 mgd 5 Interstate Highway 35 & U.S. Highway 77 .5 mgd New Denton Water Plant at Lake Ray Roberts 4.0 mgd (when Complete), U. S. Highway 377 & AT & SF Railroad 1.0 mgd Existing Delivery Point for Corinth 1.5 mgd Existing Delivery Point for Lake Cities MUA 1.0 mgd Any changes to the above volumes or delivery points or any addi- tional allocation of transmission service volumes and deliveries shall be subject to written approval by DENTON. The maximum deliverability at each Point of Delivery does not represent the cumulative deliverability for all Points of Delivery. C1/WP51/D0CUMENT/TRT^TRN.SVS July 16, 1992 Pago 32 i ■ ~ 11 'J IL`Y'n'1'.S rl; i~ Agenda Ituml~s~~ Ive ys ~ ~ 7 EXHIBIT A POINTS OF DELIVERY maximum Location Deliverability Interstate Highway 35 & Loop 288 4.0 mgd U.S. Highway 380 & Loop 288 1.0 mgd 4 Interstate Highway 35 & U.S. Highway 77 .5 mgd New Denton Water Plant at Lake Ray Roberts 4.0 mgd (when Complete) U. S. Highway 377 & AT & SF Railroad 1.0 mgd Existing Delivery Point for Corinth 1.5 mgd Existing Delivery Point for Lake Cities MUA 1.0 mgd Any changes to the above volumes or delivery points or any adi- tional allocation of transmission serv ce volumes and deliveries shall be oubject to written approval by DENTON. The maximum deliverability at each Point of Delivery does not represent the cumulative deliverability for all Points of Delivery. A Ci/WP51/D0CUMENT/TRT-TRN.SVS July 16, 1992 Page 32 % t ti-I EXHIBIT 8 Each of the Participating Members, respectively, represents and covenants that all payments to be made by it under this Contract shall constitute reasonable and necessary "operating expenses" of its combined waterworks and sewer system, as defined in Vernon's Ann. Tex. Civ. St. Article 1113, and that all such payments will be ~ made from the revenues of its combined waterworks and sewer system or any ether lawful source. Participating Members, respectively, represent and have determined that the treated water supply to be obtained from the System, including the Project and other System facili,.ies, is absolutely necessary and essential to the present and future operation of its water system and that the System is the best long-term source of supply of treated water therefore, and accordingly, all payments required by this Contract to be made by each Participating Member shall constitute reasonable and necessary operating expenses of its respective sy-&,tem as described above, with the effect that the obligation to make such payments from revenues of such systems shall have priority over any obligation to make any payments from such re,~,enues (whether of principal, interest, or otherwise) with respect to all. bonds or other obligations heretofore or hereafter issued by euch Participating Member. Each of the Participating Members agrees throughout the term of this Contract to continuously operate and maintain its waterworks system, its wastewater (sewer) system or both, and to fix and collect such rates and charges for water services, wastewater (sewer) services or both to be supplied by its system or systems as aforesaid as will produce revenues in an amount equal to at least (i) all of the expenses of operation and maintenance expenses of such system or systems, including specifically, its payments under this Contract, and (ii) all other amounts as required by law and the provisions of the ordinance or resolutions authorizinq its C1/WP51/DOCUMENT/TRT-TRN.SV5 July 16, 1992 Page 3s `r NO03 NO __./rte - .D a? Agenda Vtent~ <f/ y~ principal of and hereafter outstanding, revenue bonds or other obligations now or including the amounts required top y such bonds and other obligations. proceeds The District covenants and agrees that neither the ,.rom the sale of the Bonds, nor the moneys paid it pursuant to this Contract, nor any earnings from the investment of any of the fore- going, will be used for any purposes, except those directly relat- ing to the system, and the Bonds as provided in arbitrage this C t act; pro- vided that the District may rebate any e from su%h investment earnings to the United States of America in order to prevent any Bonds from becoming "arbitrage bonds" within the meaning of the Internal Revenue Code of 1986 (the "Code") or any amendments thereto in effect on the date of issue or such Bonds. Each of the Participating Members covenants and agrees that it will not use or permit the use of the System in any manner that would cause the interest on any of the Bonds to be or become sub- ject to federal income taxation under the Code or any amendments thereto in effect on the date of such Bonds. Cj/WP51/DOCUMENT/TRT-TRN.SVS July 16, 1992 Page 34 c` iZ t~ i 1 CITY, p COUNCIL XTT oooooaflp aaaooaoo _ .O~OD l ~ N ~oOO ~ Oy QC C L7 ~oo~QD~O~oo n, S fj0`~? OO- ~a~aGlt1~ t 1 '-1 t _I } 1 I tt it < h i> T0: Playor and Members of the City Council. FRCM: Lloyd V. Harrell, City Manager IM 'ID APIY ,;A GIZt1NI PR(k1NIHti 31iXAS 4Vlil'IltyC'.0~11T~SLONN2Ll11'iiNGATO IiOIiSFII LD SUBJECr: FOR, IIAZAimus WASTE. Rg L,C0 ?NDA1'ION: voted to this recomnend approval toethe City The July 16, 1991,tind }um-miard moui.yconsidered Council. rPSUH,IARY/BACKGROUND Approximately two weeks ago the Texas Water ;:onaui.ssion ("tIVC) announced that they would be accepting proposals from local goverrunents for grant requests related to Household Hazardous Waste (HFBV). The grant funds received will he restricted to programs for the collection of. 111111 and/or related public education programs. Grant funds carmottab , g used to cover the disposal 1d I.ecuire associated wocost fluids from l the City; niltci ingM T' his 1 believed that: t however, the 'IIYC has recently annotulced that no matching funds would be required. As reconmlended by the PUB, the 1992-93 Solid Waste Budget includes two modest programs aimed at the 111M issue. The first program includes a 111M public education effort at a cost of $16,500. The second program involves the operation of a coimmunity paint swap at a cost. Of $9,575, The total. funding of $26,075 is barely enough to scratch the surface relative to 111. The grairt funds will 'flow the City to significantly enhance these programs in order to cover a much larger percentage of the population of Denton. As currently planned by the solid Waste staff, the public education program wilt involve a two-phased approach, Ilse first will. involve the development of a utility bill st.uffer which discusses the problems associated with 1111W. Specifically, this flyer will point out the cost of collection and disposal of HIIIV; di!;cccss the env .ronmelucal impact of improper disposal ; educate the public oil pr pr 7ovidersIx col m ntact hod; provide example of altornate product usage; 1701, further information; and advertise the Paint Swap Program, Ibe second phase of the program will involve the development and distribution of a mtilti-p~tge brochure promoting alternate product usago, The primary purpose of this program is to affect a change in consumer habits which IM/(171692075/ 1 r ii Ai F,,,Wi l1r;m /PS GRANT 0311) July 16, 1992 Page 2 Will reduce the impact of future HIM collection and disposal cost for the City which could run in excess of $3.5 million annually. The Paint Swap Program will offer an opportunity to reduce the amount of 111IW in the waste stream while building staff experience and exper- tise in conducting IOIW collection cv:,its without large amounts of toxic materials, Based upon the experiences of other cities, we would expect to collect approximately 3,500 gallons of latex paint, Approximately 1,759 gallons of paint, collected will b:; reusable with 1,358 gallons containing Kul s, mercury, or lead of levels requiring disposal at a hazardous manic disposal facility, As included in the grant proposai, approximately, $7,500 of grant finds would be used to bring in a part-time coordinator with expertise in iHl. This person would be assigned responsibility for assisting in the development of the public education doctmlents aid progrms, Additionally, this person will be responsible for re,.ruiting and training volwiteers, sponsors, and users of the latex pm:int. Phis person will also coordinate the activities of. City staff mem)ers in this endeavor. The remaining fiends from the grant will be used to cover printing, advertising and distribution costs, For the most part, these monies will help supplement City hails, with all surplus City funds going to pay potential IIIIW disposal costs resulting from the paint swap. PROGRAMS, ULPARDIE:NI'S OR GROUPS AFF.ECCED; Solid Waste Department Residential Customers FISCAL M)Aff: Gr<rnt Request approximately $26,075, Respectfully submitted, City Manager lA4/071G92075/2 "Y e {I GRAW July 16, 1992 3 Page 3 Prepared by; T3iT ° Ige o Director of Conm,unity Services APPr c, by: Nelson F;xecutive Director of Utilities IM/071092075/3 EXCERPT PUBLIC UTILITIES HOARD MINUTES July 16, 1992 7. CONSIDER ADOPTION OF A RESOLUTION AUTHORIZING THE S'T'AFF TO APPLY FOR A GRANT FROM THE TEXAS WATER COMMISSION RELATING TO HOUSEHOLD HAZARDOUS WASTES. Angelo introduced this item noting that he had received information from the Texas Water Commission regarding the availability of grant money. This grant money is restricted to , collection and public information programs and not available for disposal of household wastes. Disposal makes up about 702 of the cost of such a program. Angelo advised the budget in solid waste has a public education program in which $16,500 is budgeted. Staff has checked with other cities and found that the expense to do a one--time program with only one collection once a year, would be $3.5 million just for collection and disposal of hazardous household waste. He stated the majority of cost is in disposal of such items plus substantial chemical costs involved In conducting analysis of those materials. The grant program Is funded from revenues realized from the new surcharge being paid to the state on the landfill. The staff proposes to expand the scope of the two programs listed in the budget. He suggested the hiring of an intern from UNT who would put together the document and coordinate the paint swap program. Some proceeds would aloo go to cover disposal costs. The survey revealed that the city can estimate that the paint swap program will bring in approximately 3500 gallons of latex, 1750 gallons of that would be re-usable and would be distributed back out to the community; 1340 gallons would contain PCBs, mercury or lead; the lab is trying to get numbers on the testing of paint products; each gallon must be tested as it comes in; if the entire 1340 gallons come in as contaminated, all would have to go to the hazardous household waste disposal facility at a cost of $15,000. These federal funds would help offset those costs. Regarding distribution of paint; 1) citizens pick up, 2) can be mixed in large batches, (makes drab olive green or industrial brown (5 or 55 gallons at a time) and can be made available to organizational groups, municipalities, university drama divisions, etc. The paint,3wap program regulations require special handling at the landfill; each can has to be isolated, opened, dirt added, allowed to harden then disposed in the landfill; i r This grant would also allow staff to conduct a householS hazardous waste program with a relatively non-toxic product. Martin also pointed out that a certain amount of PCB and mercury that would to into the landfill would be removed. Laney commented on educacing, collecting and then having no money for disposal. If the grant does not lock the city into a $3 million dollar program it would probably be okay. Angelo advised that the budget provides for $316,000 (3% of the households) to apply to the program. To cover the entire city would take $3.5 million per year, just one day, one time a yearl collection and disposal.. Angelo stated the $3.5 million is using volunteers, and chemists over 95% of the program will be for chemical analysis of products and transportation and disposal to a hard waste facility; collection is the least cost of the program. Laney noted that in attempting to take care of the used tire problem, the state has mandated an additional $2 per tire be applied to tire purchases to help pay for the cleanup and environmental damage. He suggested some kind of program like this would help recover costs. Angelo stated that disposal costs have not traditionally been built into the product. However, now the manufacturer is beginning to build in such costs. Laney made a motion to approve subject grant application. Second by Frady. All ayes, no nays, motion carried. r. ALL002D2 RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO SUBMIT TO THE TEXAS WATER COMMISSION AN APPLICATION FOR FUNDING FOR A HOUSEHOLD HAZARDOUS WASTE GRANT TO FUND THE COLLEC- TION, HANDLING OR RECYCLING OF CERTAIN HOUSEHOLD HAZARDOUS WASTES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT AGREEMENT AND ASSURANCES NECESSARY TO EFFECTUATE THE GRANT; AND PROVYDING AN EFFECTIVE DATE. WHEREAS, pursuant to TEX. HEALTH AND SAFETY CODE ANN. Chapter 363 (Vernon Pamph. 1992), the Texas Water Commission is authorized to provide financial assistance to cities for certain costs of devel- oping and implementing programs for the collection, handling or recycling of approved household hazardous wastes; arM WHEREAS, the City of Denton, Texas is desirous of submitting an application to the Water Commission for funding to develop of pro- gram to recycle usable latex paint, which will reduce the waste stream diverted into the City's landfill and enhance citizen awareness of household hazardous waste products; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the city manger is authorized to execute and file an application on behalf of the City of Denton, Texas, with the Texas Water Commission to aid in the financing of the devel- opment of a program to recycle usable latex paint and enhance cit- izen awareness of household hazardous waste products, pursuant to TEX. HEALTH AND SAFETY CODE ANN., Chapter 363. The City Manager is authorized to execute any grant agreements on behalf of the City of Denton in connection with the application for funding. SECTION II. That this resolution shall become effective imme- diately upon its passage and approval. PASSED AND APPROVED this the day of _ , 1992. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY. BY: 4 C r CIY COUNCIL ooo°°o F Qooo d ~ C7 - Q - O~~Os r ° r~ t E } Gp~- d~~QOL'nGGQ~O~'~ t i ! t ~ v ' j r ALL002DB Agonda No. _ T ocZ Agoncia horn 1411 RESOLUTION NO. ' A RESOLUTION OF THE CITY OF DENTON AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON, AND THE UPPER TRINIT`,' REGIONAL WATER DISTRICT FOR THE SALE OF RAW WATER; AND PROVIDING AN EFFECTIVE DATE. SECTION I. That the Mayor is authorized to execute an Agree- ment between the City of Denton and Upper Trinity Regional Water 4 District for the r,ale of raw water, under the terms and conditions set forth in the Agreement, a copy of which is attached hereto as Exhibit A. SECTION II. That this resolution shall become effective immedi- ately upon its passage and approval. PASSED AND APPROVED this the day of 1992. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: i' c z Itao r THE STATE OF TEXAS $ CONTRACT BETWEEN CITY OF DENTON 5 AND UPPER TRINITY REGIONAL WATER COUNTY OF DENTON § DISTRICT FOR INTERIM SALE OF WHOLESALE RAW WATER This Agreement made this day of 1992 by and between the City of Benton., a Municipal Corporation organized under the laws of the State of Texae ("DENTON"), and the Upper Trinity Regional Water District, a conservation and reclamation District created pursuant to Article XVI, Section 59 of the Constitution of the State of Texas ("DISTRICT"); WHEREAS, DISTRICT was created by the Texas Legislature to serve various regional water utility purposes including providing wholesale treated water service to participating cities and utilities of Denton County and adjacent areas; and WHEREAS, DISTRICT desires to purchase raw water from DENTON on an interim basis to enable DISTRICT to meet the needs of its Participating Members and Utilities; and WHEREAS, DISTRICT has entered into contracts with its Participating Members and Utilities to supply them with treated water; and WHEREAS, DENTON has certain water .rights in Lake Lewisville and Lake Ray Roberts, which rights have been granted by the State of Texas to DENTON; and WHEREAS, because of such water rights and other contractual rights held by DENTON, DEN`PON presently has raw water available to it temporarily surplus to its current needs; and C r° . f WHEREAS, the City of Corinth ("Corinth") and the Lake Cities i Municipal Utility Authority ("LCMUA") are existing wholesale customers of treated water from DENTON'S Water System, but, have contracted to be Participating Members of the DISTRICT'S Regional Water Supply System; and WHEREAS, in order for the DISTRICT to be able to serve o Corinth, LCMUA and other customers, it is necessary for DISTRICT to purchase raw water on an interim wholesale basis from DENTON; and WHEREAS, DENTON'S needs for raw water to serve its own customers will increase during the term of this Agreement, making it necessary for DISTRICT'S purchases hereunder to correspondingly decrease; and WHEREAS, DISTRICT desires to purchase said raw water in accordance with the terms and pcovisions set out herein; and WHEREAS, DISTRICT has a contract with the City of Dallas for a long term raw water supply ; and WHEREAS, because DENTON desires to have reasonable expectations of revenue from the sale of such raw water and DISTRICT desires to have reasonable expectations of the availability of such raw water for a limited period of time, DENTON will make available to DISTRICT a quantity of raw water to be determined annually by mutual agreement under the terms of this Agreement; NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the Parties agree as follows: July 16, 1992 Hi\Staff\GN0\gnc1541 2 \ 4 r. r, Agcoda Rile ARTICLE I SPECIAL PROVISIONS 1,1 Treatment and Transportation. By separate agreement, DENTON has agreed to treat raw water for DISTRICT in DENTON'S water treatment system, and to transport such treated water to point(s) of delivery designated in this Agreement or by separate agreement where water will be delivered to DISTRICT by DENTON. This Agreement concerns certain , quantities of raw water which may be treated by DENTON under the referenced agreement or may be treated by DISTRICT in its own water treatment plant. 1.2 Temporary SuAPly of Raw Water DENTON reserves the right to offer raw water for temporary sale to DISTRICT according to the terms of Article II. 1.3 No_Conveyance of Water Riqhts DENTON and DISTRICT acknowledge that nothing in this Agreement is intended to sell, transfers, encumber, or convey any water rights from DENTON to DISTRICT or any other entity and no such rights are sold, transferred, encumbered, or conveyed. If this Agreement is ever construed to effect a sale, transfer, encumbrance, or conveyance of water rights from DENTON to DISTRICT, then it shall be null and void. July 16, 1992 Hi\staff\6NC\gnc1541 3 r. r. F, A ~ f E? lr i Agenda IIcmG,~___-,7 ARTICLE II SALE OF RAW WATER 2.1 Tem orary Sale of Raw Water The DISTRICT acknowledges that DENTON has certain water rights in Lake Lewisville and Lake Ray Roberts, which rights have been granted by the State of Texas to DENTON. If DENTON determines that it has raw water temporarily surplus to its current needs, it 4 may offer by letter such raw water for sale to DISTRICT for temporary use from time to time, in such quantity or for such period of time as DENTON may determines serves its best interest. If, pursuant to Section 2.3 hereof, DENTON offers DISTRICT raw water at, a price no greater than eighty five percent j85%) of the posted price for wholesale raw water then offered by the City of Dallas, DUSTRICT shall accept said offer by letter under the terms of this Agreement, Such sale shall not require an amendment or separate agreement, and DENTON, as seller, will have the right to terminate such sale upon six-months' written notice to DISTRICT. 2.2, Interim Sale DISTRICT and DENTON agree that the raw water sold to DISTRICT under this Agreement- is sold on an interim basis only, The purchase of a certain amount of water by DISTRICT in any one year does not guarantee that that same amount of water will continue to be available to DISTRICT for any subsequent year. DISTRICT may purchase f;,nm DENTON only that amount of water that. DENTON has identified as temporarily surplus to its needs for any July 16, 1992 Fii\staff\GNC\gnc1541 4 9a -oar Aq~;ndo particular year. DENTON is under no obligation to make such water available to DISTRICT upon DISTRICT'S request. DISTRICT has entered into a contract with the City of Dallas for long-term purchase of untreated water. It is the intention of the parties hereto that this Agreement is for the purpose of providing a raw water source only on an interim basis. a 2.3 First Opportunity DISTRICT hereby agrees that DENTON shall have first opportunity to provide the raw water needs of DISTRICT, taking into account and respecting the provisions of separate agreements the DISTRICT may have with the Cities of Commerce, Dallas and Irving concerning purchase or transportation of raw water from Cooper Reservoir, which amount of water sh°1l be limited to the amounts specified in contracts with Commerce at the effective date of this Agreement. 2.4 Delivery Location Raw water sold by DENTON to DISTRICT under this Agreement will be made available to DISTRICT at either Lake Lewisville or Lake Ray Roberts according to the needs of DISTRICT, DENTON agrees to flow water from Lake Ray Roberts to Lake Lewisville if necessary to meet DISTRICT'S approved request for water. 2.5 Availability Limitation Availability of water under this Agreement is expressly subject to and 1Lmited by the available supply of raw water to DENTON. The determination of availability rests with DENTON. DENTON shall exercise due diligence to assure that the supply of July 16, 1992 Hi\Staff\GNC\gnc1541 5 C r, r l~ A{t+:r,d.~ Item 7~ water is maintained. Should DENTON need to curtail the supply of water to its other customers, because of drought, contamination, acts of God, civil disturbances, war or other cause beyond its r control, DENTON may curtail the supply of water to DISTRICT without f being in default of this Agreement, 2.6 Resale DISTRICT agrees that neither it, nor any of its customers served by DISTRICT with water acquired hereunder, will sell or offer for sale, any such water to any customer within the area included within DEPITON'S single, dual, or multiple certificated areas of Certificate of Convenience and Necessity from the Texas Water Commission, unless approved in writing by DENTON. This provisic•1, however, shall not prevent any such DISTRICT customer from serving customers within their own certificated service areas, as those areas exist on the date of this Agreement. This provision shall not apply to the Cities of Sartonville and Argyle. 2.7 Water System Standards and Supply DENTON expressly reserves the right to discontinue temporarily, after notice to DISTRICT, the supply of water to DISTRICT whenever it is necessary to do so to insure proper operation of the DENTON water system. No claims for damages for such discontinuance shall be made by DISTRICT against DENTON. July 16, 1992 1-:\Staff\GNC\gncl541 6 4' Z 1.✓ Agenda1kini_I A5' < ~Q 2.8 uality of Water DENTON does not warrant or make any representations to DISTRICT that the raw water sold to DISTRICT hereunder has any particular qualities, or meets any particular standards. 2.9 Billing DENTON shall render bills monthly for raw water charges , incurred by DISTRICT under this Agreement by the ten:.r, (10th) day of each month. Bills shall be due and payable upon receipt by DISTRICT. DISTRICT shall make payments to DENTON within 20 calendar days of the date a bill for service is rendered. if DISTRICT at any time disputes the amount to be paid by It to DENTON, DISTRICT shall nevertheless promptly make such payment or payments) but, if it is subsequently determined by agreement or court derision that such disputed payments should have been less, or more, the amount shall be promptly adjusted. The charges shall be adjusted in such manner that DISTRICT will recover its overpayment or DENTON will recover the amount due it. All amounts due and owing to any Party shall, if not paid when due, bear interost at the rate of ten percent (10%) per annum from the date when due until. paid, ARTICLE III GENERAI, PROVISIONS 3.1 Severability, Should this Agreement, or any provision thereof be, or be found to be, ii, violation of any applicable law or regulation, either party, upon reasonable notice to the other, may terminate July 16, 1992 H~\~taff\dNC\gna1641 7 \ i M~Unc;a p Anerr~a llonl /v s this Agreement, or, upon the mutual consent, of each party, this Agreement may be amended so as to be in compliance with such law or regulation. 3.2 Assignment Neither DENTON nor DISTRICT shall assign or transfer in whole or In part the rights and privileges granted in this Agreement without first obtaining the written consent of the other , Party. 3.3 Entire Aarsementr Modification ~P This Agreement embodies the whole agreement of the Parties. There are no promises, terms, conditions, or obligations other than those contained herein. This Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the Parties, and all modifications of this Agreement shall be in writing and approved by both Parties. 3.4 Venue All amounts due under this Agreement shall be paid and be due in Denton County, Texas. It is specifically agreed among the Parties that Denton County, Texas is the place of performance of this Agreement. In the event that any legal proceeding is brought to enforce this Agreement: or any provision hereof, the e;ame shall bo brought in Denton County, Texas. 3.5 No Third Party 4ieneficiaries This Agreement is solely intended for the benefit of the parties hereto and is not intended to and shall not be construed to be for the benefit of any individual or create any duty on behalf July 16, 1992 Hs\Staff\eNCt\gncl541 d n Aor;ncfa H0. -at-V. of DENTON or DISTRICT to any third party. ti 3.6 Term This Agreement shall become effective upon the date first above written upon execution of both Parties and shall terminate twenty (20) years thereafter. The Agreement may be renewed for a subsequent ten-year (10) period if agreed to in writing by both Parties at least five (5) years prior to termination data. A 3.7 Ter.min ationand Default Should DISTRICT fail, refuse or neglect to pay any bill for water within sixty (60) days of the date due or should it refuse, neglect, or fail to comply with or perform any of the conditions on its part required to be complied with or performed hereunder, DISTRICT shall be in default. If after such default, DENTON shall deliver to DISTRICT, addressed to the Executive Director of DISTRICT, a notice in writing of its intent- to terminate the supply of water on account of such failure, refusal or neglect, then DENTON shall have the right to terminate the water supply at the expiration of thirty (30) days after the giving of such notice and to terminate this Agreement, unless within thirty (30) days DISTRICT shall make good such failure, refusal or { neglect, if DISTRICT pays or performs within the thirty (30) day period the default shall. cease to exist, The termination o.E this Agreement, as provided herein, shall not release DISTRICT from its obligation to make payments of any amounts due or to become due in accordance with the terms hereof. July 16, 1992 9 Hs\Staff\oNC\gnc1541 C Y. s 3.8 Force Ma eure if, because of flood, drought, fire, explosions, civil disturbance, war, water system failure or malfunction, acts of God, or other causes beyond the control of either Party, either Party is not able to perform any or all of its obligations under this Agreement, then the respective Parties' obligations hereunder shall 0 be suspended during such period. 3.9 Liability and Claims (a) Except for those things described and disclaimed in paragraph 3.10, which are expressly excluded from this paragraph, r1ENTON agrees to hold harmless and defend DISTRICT, its otficers and employees, from any claim for injuries, damages or losses that arise from any act, omission or negligence of DENTON, its officers or employees, arising from the sale of raw water hereunder or tha operations of any facilities owned by DENTON and used under this Agreement, unless said damages result from the negligence of DISTRICT. (b) DISTRICT agrees to hold harmless and defend DENTON, its officers and employees, from any claims for injuries, damages or losses that arise from any act, omission or negligence of. DISTRICT, its officers or employees, arising from i:he performance of this Agreement. 3.10 No Representations DENTON makes no representation or warranty, express or implied, as to the character, quality or availability of the water to be, taken and DISTRICT agrees to assume all such riski3, accepting July 16, 1992 10 Flt\Staff\GNC\gnc1541 "t 1 ~ y f ii ftl!o said water, if available, in the same state as it is pumped from v the designated diversion points; nor does DENTON make any representation that such water will be suitable for the purpose for which DISTRICT desires to use it. DENTON shall not be liable in any event for the nonavailability of water, hereunder, the unsuitability of such water or its quality, or the inability of DENTON to perform any obligation under this Agreement for reasons beyond its control., including rules or regulations of other governmental agencies. 3.11 Water Conservation Plan In the event DENTON is required to adopt a Water Conservation Plan, or has such a, plan imposed upon it, it will so notify DISTRICT, and DISTRICT shall cooperate in carrying out the intent of the Plan, 3.12 Notices Any notice, request for Information or other document to be given hereunder to any of the Parties hereto by the other Party shall be in writing and shall be hand-delivered or sent by certified or registered mail., postnye prepaid, requesting evidence of receipt as followst (a) If to DENTON, Addressed tot City of Denton Attention City Manager 215 East McKinney City of Denton, Texas 76201 c duly 16, 1992 H1\9Laff\ONC\gnc1541 it r i, Agwidi IWIT) Lam. s_~/J ZY_ /3 e~ /5- (b) If to DISTRICT, Addressed tot Upper Trinity Regional Water District Attention: Executive Director Post Office Drawer 305 Lewisville, Texas 75067 Either Party may change the addross for notice above by certified mail to the other Party at any time, 3.13 Governmental Immunity Nat Y7aived , Neither DENTON nor DISTRICT waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it. against claims made or arising from any act or omission resulting from this Agreement. 3.14 Essential Services DISTRICT represents and warrants to DENTON that the services to be rendered by DISTRICT to its customers as a result of this Agreement are essential and necessary to the operation of its customers. DISTRICT agrees to require in all of its contracts with its customers the language contained in Exhibit "a". 3.15 Captions The captions of the various sections and paragraphs herein are intended for convenience or reference only and shall not define or limit any of the terms or provisions hereof, 3.16 Governing Laws This Agreement shall in all respects be governed by and construed in accordance with the laws of the State of Texas, including all matters of construction, validity and performance. July 16, 1992 Hi\8teff\ONC\gnc1641 12 l y, IN WITNESS WHEREOF, the Parties hereto have caused th Agreement to be executed by their respective duly-authorized officers in multiple originals as of the date and year first above written. CITY OF DENTON, TEXAS r Bob Castleborry, Mayor ATTEST: Jennifer Walters, City Secretary APPROVED AS TO LEGAL FORM: Debra A. Drayov.itch, City Attorney UPPER TRINI'T'Y REGIONAL WATER DISTRICT ,7om Kar.luvooh, Presicloil~ Board of Directors July 1G, 1992 r H3\Staff\0NC\gnc1641 13 \ 1 ti s ATTESTi UPPER TRINITY REGIONAL WATER DISTRICT !v/ TomHarpool, Secretary Board of Directors APPROVED AS TO LEGAL FORMr John F. Boyle, jr, .Attorney Hutchison Boyle Brooks & Fisher July 16, 1992 H i \sh.af f \(3NC\gnc1841 14 S g CITY: COUNCIL _ _ boo cnY anovo~ .r~~OOO+ O D B OfOO} G7 2 ~O~Op r ~ N s ~ ~pO J ti 911 x AJnt;nd hJO. _ - dy3 e RESOLUTION NO. --MEMB E BOARD DENCOOAREA09-1-11D'ISTRICT; ANDEDECLAR TO AN EFFCfIVEADATE.UF THE WHEREAS, the term of office of John F. McGrune, a member of the Board of Managers of the Denco 9-1-1 District expires on August 31, 19921 and ca- WHEREAS, Article 1432e, Section 5, V.A.C.S. provides thatitwo commun voting members of the Board it~jointly f by all !cities and towns tion District shall be appointed lying wholly or partly with the district; and WHEREAS, the City of Denton, Texas wishes to nominate a member to said Board! ,ZOW, THEREPORF., THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY RESOLVES: S CT?0 I_. That the City of Denton, Texas hereby nominates to serve as a member of the Board of Managers of the Emergency communication District of Denton County. S&C'i'ION T1. That this resolution shall become effective im- mediately upon its, passage and approval.. '1992. PASSED AND APPROVED this the day of BOB C,ASTLEBERRY, MAYOR _ ATTEST: JENNIFER WALTERS, CITY SECRETARY BY' _ -~T__ APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVI'T'CH, CITY ATTORNEY C y r. r 1c µ Wto DENCO AREA 9 - 1 - 1 DISTRICVY- 250S . Summons, Suite 260, Lewisvilia, Toxas 75067 % PhonorTDD (214) 221.0911 FAX (?.14) 420-07//09 ti I ll l . j f if (,T) TO'. Mayors, city managers, Cltv Secretaries FROM: Mike Pedigo, Executive Director I DA'L'E: July 9, 1992 F REs Appointmcsit to Dcnco Board of Managers strict re to m of John j pointment The legislation creating from the cities prat Ic plating inQthe district. The currentwo members to its hoard of managers McGrane, City of Denton, expires on September 11 1992, Members are eligible for rcappolntmen . The currant members of the Board of Managers are as follows: &Ar e U APW? rated I by er E s 411193 George R. (Randy) Corbin Denton County Fire Depts. Lewisville Fire Dept, Cities 4j1j92 John McGrane City of Denton 41119 Ollvc Stephens Clties City of Shady Shores 411192 Jim Ferguson County yl]14'L Lewisville County Kert Goode Justin Advisory Melvin Willis I position. f appointed, copy of it lettei- from John crane At this point, the district Isnof aware `ofl any t other person tseeking thet If appointee must receive volts Should you have n candidate, i~1epcltE cities notify within tlDcntonrCounty Ike board from the majority (17) l soon is p< Wble andlsend us afwritte ncnodceof your c1 ofec The Dcnco oni your'co council that you place the of manager, y Enclosed is a sample resolution that you may wish to use, Thank you for your help In this mattes and jr thr, Dcnco Area 9•1-1 District can be of assistance in any tivay, please call us at (214) 221.0911. r r, {i is n~~rraa nr:n,~S CITY of DENTON, TEXAS MUNICIPAL BUILDING / 216 E, WKINNEY / DENTON, TEXAS 76201 July 2, 1992 Mike Pedigo q Director Denco 9-1-1 Suite 295, LB 12 1660 S. Stemmons Lewisville, TX 75067-6314 rr Dear Mike: Please be advised that I am willing to continue serving on the Board of Denco 9-1-1, if it is to the desire of those entities that t represent. if you have any questions please advise. Sincere'l Vv J F. McGrane F eutive Director of Finance JMG:lb AFF002EF 8171566-8200 D/FW METRO 434.2529 r, - ~ i CITY COUNCIL, rF 1- ooooo oQ°0 f o° oooooc 3- T C1-3 a U 0 q ~O %IN " °°~a_aaacccoo°°o r. Is ii bulldnam.r A~enrla Item_ .,-._.u. RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON, TEXAS, FORMALLY ADOPTING NAMES FOR CERTAIN CITY FACILITIES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of. Denton will soon be in the process of expanding and renovating its facilities; and, WHEREAS, in order to maintain an orderly flow of business and to better accommodate citizens using City facilities, a committee of the city council has studied the issue and submitted recommenda- tions to the City Council for the designation of names for certain City facilities, and the Council wish to accept same; NOW, THERE- FORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTIQN T. That area encompassing the Civic Center Park which is bounded by Withers street on the north, bell Avenue on the east, McKinney Street on the south and Austin and Oakland streets on the west shall be known as the "O'Neil Ford Civic Complex." The fol- lowing buildings shall be located within the O'Neil Ford Civic Complex: Emily Fowler Library, Denton Senior Center, Civic Center Pool, Civic Center and city Hall. SECTION II. That facilities located at 601 East Hickory and 604 East Hickory, formally owned by Moore Business Forms, shall be known as the "Denton Municipal Complex," SsC ION._III_. That facility located at 221 North Elm Street ;hol.l be known as "City Hall West." SECTION IV. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the of 1992. BO[3 CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRE'T'ARY R i. If i A Agenda a ~,v APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCHI CITY ATTORNEY BY: a C PAGE 2 t~ r. '?9 --flTy. = COUNCIL aoaoooo __ooooo op o°oooo~.~_ GOp r o k ~ e * 0~' °4aaaror,coa~~~° y..i t ~l-tI_~ .ti i 'I i ClT_.~ Y CMCT 21FPORT F91 4 IK u C.._. ~s '0 Idyll Tot Mayor and Members of the city Council FROM; Floyd V. Harrell, City Manager c SUBJECT: U.S. Highway 377 widening (IH 35E to F.M. 18.10) RFS'Ot END T .Ot s, ,a ~ h- Give staff direction for recommendation to the Texas Department of U Transportation .for the proposed changes to U.S. 377 (IH35E to F.M. 1830) The Texas Department of Transportation held a public meeting for the reconstruction of U.S. 377. From that meeting, several changes were suggested by the adjacent property and business owners. The attached memo from Jerry Clark, Director of Engineering and Transportation explains the revisions, kA-Cz0aUMD It. The Texas Department of Transportation is proposing to widen U.S. 377 (Ft, worth Dr.) to a four (4) lane divided street section with a raised median with left turn bays at specific locations from I.H. 35E south to the railroad bridge and from that, point south to F.M. 1830 a four (4) lane street with a flush median for left turn movements, , PROGRAMS,, CJE;~I2TMENT9~~U.R-~~2U~'$.A~Ek:CT-,~.1 AEE00185 i V e 1. i p Agf;nda Il IA 4 i rG ~ CITY of DENTONt TEXAS MUNICIPAL. BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 6888307 - - - - - 00flue of the City Manager 1vIE Mo R.~,NDi.7M TO: Lloyd. V. Harrell, City Manager w FROMs Rick Svehla, Deputy City Manager DATE: July 15, 1,992 SUBJECT: Input to the Highway Department: on U.S, 377 The Resident Office of the Highway Department in Denton has plans returned the U.S. 377 (Fort Worth we held a public meeting several months rago, and there was much concern about a raised median for the whole facility in conjunction with large truck turning movements. There was also concern about mail delivery, school. buts traffic and some concerns about direct access to the facilities. The Highway Department has revised their plans in an attempt to remedy as many of these problems as possible. The first thing they mathe }:e are railroad ooverpass. a This realignment would trnight n gout nthe the area road and of site distances along the road much batter. They are also proposing to build a raised median from I-35 south to the railroad overpass only. From there on south to F.M. 1830, they would propose building a continuous a left turn lane, This would allow large trucks to access into Acme, Fulton's Supply, T & M Cabinets, and a number of other businesses along the road that use large semi tractor trailer rigs. From the railroad tracks back to I-35, the Highway Department is still proposing a raised median. However., they are looking at reconfiguring several of the driveways/median openingti to facilitate large truck movorr,ents into Payless, the Nichols property south of there, Caruthers oil Compas,y, and G&G Tractor, We think these modifications to the median openings and the change to a flush median south of the railroad tracks will address the comments about large truck turning movements, We are also happy to see them continue to maintain the raised median from tho railroad track north since that Is the largest area of congestion, and the area where we are hav;.ng the most Safety problems, As we stated before, the medians help direct and channeli.ze traffic much more t r. Lloyd V. Harrell July 15, 1992 Page 2 efficiently, The raised medians and left turn bays can accommodate left turns and at the same time provide more safety. Also, we have looked at the request of the businesses along Roselawn. There was concern that they would not have direct access to Fort Worth Drive and also that the roconfiguratlon of the ' original design for Roselawn would not only take parking lots that-. exist in Highway Department right-of-way now, but also would include purchasing of the small frontages that were left in front: of these buildings for right-of-ways thus, eliminating all parking. As you can see by Jerry's memo, one of our suggestions to the Highway Department would be to consider cul-de-sating Roselawn. further to the south; thus, eliminating the need for. it to enter Fort Worth Drive and allowing these businesses straight-in access to Fort Worth Drive. As I mentioned earlier, by the use of strategically placed median openings, vie believe we could also accommodate large truck movements into these facilities, Finally, the last thing the Highway Department is suggesting is to build the facility six lanes wide although the facility would only be striped for four lanes of travel. The other lane would be striped off to act as a shoulder, This would allow for school bus pickups and mail deliveries which was a large concern for the residents and land owners adjacent to this facility. We believe that these kinds of changes will mitigate most. of the concerns of adjacent land owners and residents. obviously, there may still be some people with concerns. In that regard, we have questioned the Highway Department as to the process for hearing those coecorns, We have been advised that the Highway Department, once it receives this input, we will produce another proposed iseL of plans. Once revised plans are completed, they will. advertise in the paper that the plans are available for review. In order to ensure that all the residents and land owners are aware of the plans, we would propose a letter be sent: from Engineering to all. the residents and land owners indicating that: the Highway Department has asked for our input and revised the plans accordingly. We need to indicate to the residents and land owners that we believe most of their concerns as well as safety issues have been considered by the Council and have been addreased. Also, we would indicate to them that as soon as the Highway Department has the plans ready for review, we would send them another letter indicating that those plans are available for review, indeed, we will. try to procure a set of those plans so that people could come to City Hall as well as to the Resident office for review, Personnel at the Resident office of the Highway Department have advised us that if ono or more persons desire another public E' CI j 'i 1 ' ~ onda IJo./ / Lloyd V. Harrell July 15, 1992 Page 3 meetinq that such a meeting would occur, By having the plans here at City Hall, we can ensure that if some people desire to have a public meeting that could still happen. So, in essence, we would write two letters to the land owners and residents advising them of the current progress and of the time for plan review and then help to ensure that another public meeting is held if that is desired. Staff thinks this is the best approach since we are beginning a now round of rating with the Highway Department and trying to get our projects into the new 10 year development plan of the Highway , Department. From the information we have received and discussions we have had with both the Highway Department and COO officials, we believe it Is most advantageous to get all of the projects as far as along as possible. We believe the new rating system takes into account how far along projects are and which of the projects are ready to be built, Obviously, the more of this plan work and design that can be accomplished, the better chance we stand of getting thin project completed. If you or the Council has further questions, I would happy to try and answer them. Rick ve a a Deputy City Manager RS tbw AMM0017B Attachment A C 1. r) 11 (J CITY of GENrON, WXAS M1NWIPAL 6UILD1NQ / 215 E. McK1NNEY / DENTON, TEXAS 76201 MEMORANDUM DATEI July 13, 1992 Too - Lloyd Harrell, City Manager " FROM3 Jerry Clark, Director of Engineering & Transportation SUBJECTi Revised Texas DOT Plan-US 377 91e received a letter from the Supervising Resident Engineer for the Texas Department of Transporation. The letter details changes to the US 377 plans (I- 35F; to FM 1830) that addresses major issues raised in tie public hearing. The revised concept proposes a raised median section bev+,Qen 1-359 and the railroad bridge. Median breaks would be at Acme street, Ci..tuthers Oil, and Rosslawn. The only adjustment to previous plane is to let the large trucks at Caruthers oil have access to the median break. The driveway on the east side will match the opening at its southern and. A major redesign feature is converting the section from the railroad bridge to Mission street to a flush median. he the council members who attended can attest, this is the area that was judged to be Incompatible with the industrial uses located there. The heavy trucking systems used by Acme Brick, Fulton salvage, T & M Cabinets, and others ware instrumental in the redesign. The intent is to respect the imput and knowledge of the busiiiess people who were not convinced the median would improve safety and operating characteristics. Roselawn is shown to be realigned to the west which in,, ots businesses. An alternative is to allow di:cect driveway nonnLotions for those two businesses to the Ft Worth Drive or make sure they can get to the southern most median opening. Roselawn could bo changed to a cul-de-sac and accessed by using Acme to Bernard to Rosslawn. This redesign ham a very positive feature that will reduce costa for the railroad bridge and temporary uhoofly railroad bypass. Thy line of eight will be improved by eliminating most of the curve that exists now, This will allow Acme Brick to add the new access point they discussed at the public hearing, The median will not be a problem now In the new design scheme. Finally, the outside lane of the facility would provide more safety for school buses and mail carriers. Please advise, if any further clarification is needed. Sincerely, J 4rrl rk, P.E. Director Engineering & Transportation AEE00169 8171566.6200 D/FW MCTPO 434.2529 ' T ~t 11 Atdenda I1em__~S~P~V Texas Department of Transpartat orr~ P.O. BOX 3067 • DALLAS. TEXAS 75221.3067 • (214) 320.6100 2624 W. Prairie, Denton, Texas ?C201 June 9, 1992 JUN 10 RICT; Control: 0081-04-025 Highway: U.S. 377 From I.H. 35E To F.M. 1830 County: Denton a Mr. Lloyd Harrell City Manager City of Denton 21.5 E. McKinney Denton TX 76201 Ide Dear Mr. Harrell In response to comments received from the Public Hearing held for the above mentioned project, we are proposing the following changes to the projbct. The proposed typical sections presented during the Public Hearing are as shown on Figures 1 and 2. The revised typical section would be for a four lane urban section with shoulders, see Figures 3 and 4; the shoulders would be striped as right turn lanes at the intersections. The proposed median area will be primarily a flush median with raised channelization at the IH 35E and Acme Street intersections and at the approach to the railroad underpass structure, see Figure 5. An additional proposal is to change the horizontal alignment at the railroad underpass to improve the staged construction of the replacement railroad bridge, see Figure 5. This change would allow traffic to be maintained in the existing roadway alignment at the structure during the first stage of construction. The existing bridge could then be used in the shoofly structure which would lower construction costs of the new bridge. Prior to instructing our consultant to make the revisions we propose, we would like to have the City's concurrence and any additional concerns you feel need to be addressed. We would be glad to meet with you or a member of your staff to discuss these proposals if necessary, An EqualOpportunlty F.rnployer i a ;c tf p, Agmnd,i 41em_l,_ Ikon Mr. Ht Drell June 9, 1992 Page 2 if you have any questions, please contact David L. Hensley, P.E. at (817)387-1414. Sincerely, ' . C 9 Claud P. Elsom, III, P.E. Supervising Resident Engineer DLH/jtj w t ' ...,w . _ . Intl Mrltil arrwl hr1Y Y~~ ~t/0r ~ ~ ~r 1~ ~ 1~ ~ PHOACT NO r U5 177 Row WIPTI+ ROW WIDTH USUAL USUAL 1 q 1 I 21t fY YfgFISLT Y i to. to' _ t4~ _ 11r 6 Ix t~ A.- (USUAL) 11 tU SUALI MoNO. CUA• 1/4/ fT' - D' crco FT. (wr?V4~ F7 LIMPS RAII U U UMP¢AVII AIN ~ 10 ASrHALT IT A'ASIMALY S 3 STAR. 0 4S6 j S'fAD, DASa - l1 too TTC. MOP 'Pip W Lim, Tar LIM$ TRSATtP SUS. CLfAR CItAR T"ATtP SLID, AA¢A AAtA .r~ PROPOSEP- TYPICAL-~, I GRO55 - SECTION R ~HOT'ri Sulfl t'. F5VFY, HUSTbN & ASSOCIATES, 1 " I "A'rurrln8 R f11viuinmrnlAi Ili U.S. 377 FROM Ili 36 TO MISSION STREET Z~ 9v E3ENTON COUNTY, TEXAS m' i., S Y r' Alaw ANWA row l=r bred am" am" NNW mww b11111y bow homa Now "no no" Ism" rbas umi4 PliUJECT NU ILA 12' I4~, 12 It, TRAVEL LANES !1[DIokN TRAVEL LANES r TMO•HAY CP[RAT104) 17~ MIN. 21 C RO Yy.. I~4+_~ PT. } 4A fl: 4F F-?• nIDIAM - V4 (.~T~.--s.. e Z Y b Y ROW NICTN VARIABLE (I LO, MOW.) USVAL 0.. r• ST-ANPARP CURBED CRO_SS_SCCTION URBAN S'TREE7S WIYHOUT PARKIN4 P T. S. ' t0 ryj J1 cz bliY, HUSTON At ASSOCIATES. I C.ry EngilxYling 6 Bwironnw-tt fLxl%ullUni U.S. 377 FROM MISSION STREET ti I TO FM 1830 k P([ SDw/T, wIGHNAY D[SI~N DWI SION DENTON COUNTY, TEXAS oPULATIbYt Aw0 PAnC[VuPI MANUAL 1'64. VR0AN OTRICTS (4. %001 P6 4.41, AIb. ~•IS ` C~ 1 s i ROW 1 WIDTH us 371 Rota WIDTH 601 nlhl.! USUAL 60' (no") 1 USUAL I ~*YP,ff3[T 1 Y _ Z t 12 24 24' l2' y _ SHL OR. (USUAL{ 1 lV~l~n So [Pc0 I/~•IfY' doNO. CVAP - t - CPCO I/#/Er {TYP) V47- 40 At, NAtf I ,,1 Ir o Pi RDAAIN p j STAe, BAS! le . MO. TEP Te LIME - I -10" lye. nPLI CIEAR _ TACATLO 5U6 TUP a Lmf I~ TRTAMP Su/, CLCAp AREA AKfA R6-Vl.5fD - YF'IGAL - cRoS$ - 556T`IOW (Nor r/ p(ALr) A u r~; ua iU }u (0 N ~ i9 Z W - - - - - A 1 f V. ` r - Ir I ` t~ I i I r I Z' TRAVEL IANES n2olAN TRAVEL LANE$ ,~l' SN46R. 740-HAY ~PIRATIOMI 1 J IIL fTw_. n[PIAM ~ .-_-U7 ~~fT- + 'AV II 111T Z 0 M ' p Y Row WICY4 VARIABLE (Ito, nw.) USUAL _ST"ANDARU_ CURBED CROSS SECTION - lr URBAN STREETS 14ITMOOT PARKIN4 to tV ~ .q (a l1. a 1\ 4 s~ 1 Y. t' HANDOUT TO COUNCIL 7-.21-42 1 iTREATMENT/TRANSMISSION CONTRACT Clty Counoll Meeting July 21, 1492 • CONTRACT COVERS TREATMENT & TRANSMISSION • CONTRACT "INITIAL" TERM - NOW TO MAY 1998 CONTRACT "PRIMARY" TERM M 1998 - 2012 • WATER TREATMENT SERVICES PRICED 0 $.45/1000 GAL PLUS OUT OF POCKET VARIABLE COSTS • TRANSMISSION SERVICES FOR FIRST 6 YEARS PRICED AT $,10 PLUS PUrNAPING COSTS • "PRIMARY TERM" - 1998 TO 2012 TRANSPORTATION PRICED SAME AS TEXAS WATER COMMISSION RATE MAKING STANDARDS . 0&M RETURN ON INVESTMENT 4% ST RENTAL FEE ON GROSS DEPRECIATION i } E' i TREATMENT/TRANSMISSION CONTRACT Clly Counoll Mooting July 21. 1992 • TRANSFER CORINTH & LCMUA AFTER JUNE '94 • PROVIDE TRANSPORTATION OF WATER TO SELECTED PERIPHERAL LOCATION: OF' DENTON SYSTEM • OPPORTUNITY TO PARTICIPATE IN POSSIBLE LINE TO SANGER • OPPORTUNITY TO BUY SURPLUS TREATMENT CAPACITY FROM DISTRICT ON SAME BASIS • DENTON AGREE: TO TRANSPORT TO 4,6 MGD OF DISTRICT'S WATER ACROSS DENTON'S PIPELINE SYSTEM HANDOUT TO COUNCIL 7-.21-92 t WASTEWATER TREATMENT PLANT City Council Meeting July 21, 1992 • WASTEWATER MASTER PLAN UPDATE, DECEMBER 1989 4 • PERMIT CRITERIA DOWNSIZES PLANT CAPACITY FROM 12 MGD TO 8 MGD • ESTIMATED COST FOR PERMIT COMPLIANCE v 15 MGD $17.4 M - PLANT $ 7.3 M - SLUDGE HANDLING AND DISPOSAL, $24.6 M - TOTAL COST • COUNCIL AWARDS PLANT DESIGN TO ALAN PLUMMER (MAY 1990) • ALAN PLUMMER PROPOSES "UPRATING" OF EXISTING FACILITIES • "UPRATING" BASED ON HISTORY OF EFFICIENT PLANT O&M "UPRATING" INCREASES PLANT CAPACITY FROM 8 MGD TO 13 MGD • ALAN PLUMMER ESTIMATES CONSTRUCTION COST $ 9.2 10 - 13 MGD (PHASE A, 1994) $ 1.8 M - 15 MGD (PHASE 11, 1998) $11.0 M - TOTAL COST • EXISTING LANDFILL PROVIDES CO-DISPOSAL OPTION l f} it ALL,UUd97 , di HANDOUT TO COUNCIL 7-21-!'2 THE STATE OF TEXAS S CONTRACT BETWEEN CITY OF DENTON S AND UPPER TRINITY REGIONAL WATER S DISTRICT FOR WATER TREATMENT AND S TRANSMISSION SERVICES This Agreement made this day of 1992 by and between they City of Denton, a Municipal Corporation organi- zed under the laws of the State of Texas ("DENTON"), and the Upper Trinity Regional Water District, a conservation and reclamation District created pursuant to Article XVI, Section 59 of the Con- stitution of the State of Texas ("DISTRICT"); WHEREAS, DISTRICT was created by the Texas Legislature to serve various regional water utility purposes including providing wholesale treated water service to participating cities and uti- lities of Denton County and adjacent areas; and WHEREAS, DENTON has an existing water treatment plant, known as the Spencer Water Treatment Plant, and such plant has Treatment Capacity sufficient to serve DENTON'S current water treatment needs, plus capacity to serve additional wholesale customer water treatment needs for a limited period of time; and WHEREAS; DISTRICT desiraas to contract for the use of water treatment plant services; and WHEREAS, the treatment capacity of DENTON'S oxisting and pro- posed water treatment plants that is surplus to DENTON'S current needs is available for use by DISTRICT; and WHEREAS, DENTON has water transmission lines with sufficient capacity to serve DENTON'S current needs, plus sufficient trans- mission line capacity for the Primary Term of this Agreement to deliver up to 4,5 mgd of treated water to the DISTRICT; and ti r 4! 4HERRAS, DISTRICT is managing a phased development of its Mas- ter Plan and has scheduled the first phase of its wholesale water transmission system to be oner,ational within two yearsl and WHEREAS, DISTRICT desires to enter into a contract with DENTON for the use of water treatment and water transmission service in accordance with the terms and provisions set out herein; ` NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the Parties agree as follows: ARTICLX I DEFINITIONS 1.2 "Scads" means all bonds hereafter issued by the District, whether in one or more series or issues, and the interest thereon, to acquire, construct and complete its Regional Water Project, and/or all bonds issued subsequently to improve, extend, operate or maintain the project, and any bonds issued to refund any bonds or to refund any such refunding bonds. i.is "consumer Price Index" means the Consumer Price Index For All Urban Consumers, CPI-U, {all items, published by the United States Department of Labor, Bureau of Labor Statistics 1982-3.984 = 100) published by the United States Department of Labor, Bureau of Labor Statistics or any successor to such agency. If publication of the agency is disdontinued, CPI-U shall refer to comparable sta- tistics with respect to the cost: of living for all urban consumers published by any agency of the United states government and mutual- ly agreed to by DISTRICT and DENTON. 1.2 "DENTON'S Transmission system" or "Trrnemission System" means all of DENTONIS water lines twelve (12) inches in diameter or Page 2 I r t larger used to.transport treated potable water to its customers, 1.3 "DSNTON'S Treatment system" or "Treatment system's means the Spencer, water Treatment Plant, and the Ray Roberts water Treat- ment Plan, when constructed, including all appurtenances thereto and all existing raw water transmission facilities from the water source to the water treatment plant. 1.35 "DENTON'S Water Utility Syntex" or "Water utility Sys- ~ tea" means all existing and future facilities utilized to provide water to DENTON'S retail and wholesale customers, including, but not limited to, Water Treatment Systems, Transmission Systems, wa- ter storage facilities, distribution systems and administrative and personnel buildings. 1.4 "Fiscal Year" means the period of time from October 1 of each calendar year through September 30 of the next following cal- endar year, 1.5 "Initial Period" means the period of time that DISTRICT will receive temporary or interim water treatment or transportation service out of DENTON'S excess capacity, which period of time ;shall commence on the effective date of this Agreement and continue through midnight, May 31, 1998. 1.6 "NOD'► is an abbreviation for "million gallons of water per day", 1.65 "Peak Day Volume" means the highest quantity of water used or requested by DISTRICT, whichever is greater, for any single day throughout any Water Year. Peak Day Volume is determined by measuring the cumulative maximum outflow from all points of deliv- ery. Page 3 `r• t 1.7 "POiat(s) Of Delivery" means the point(s) designated in this Agreement or by subsequent agreement where water will be de- livered to DISTRICT from the DENTON Transmission System. 1.8 "Take or Pay8' shall mean an obligation to pay for the amount of Water Treatment Capacity specified in the Agreement, without regard to the amount of Water Treatment Capacity actually used under this Agreement. 1.81 "Total Peak Day Transmission volume" means the total peak day volume requested of the Denton Water Transmission System which shall include the City of Denton's peak day volume, the District's Peak Day Volume delivered from Denton's Water Transmission system and any other Denton water transmission customers' peak day volume delivered from Denton's Water Transmission system. 3.85 "Transmission operating costs" means those costs associ- ated with the normal maintenance and repair of the Water Transmis- sion System. 1.9 "Treatment Capacity" means the maximum daily capability to treat raw water, expressed in gallons, that would, if maintained consistently through a period of twenty-four (24) hours, provide the maximum quantity of potable water in any one day of a water Year, 1.10 "Variable Coats" means those costs that vary according to the quantity of water treated, pumped or transported, including cost of electricity, chemicals, variable mechanical costs, and like charges that vary with the volume of water. 1.11 "Volume00 means quantity of water, in gallons, that DIS- TRICT requests or actually receives from DENTON. Page 4 c, i Y r 1.12 "Water Year" means the period of time from Juno 1 of each C calendar year through May 31 of the succeeding year. ARTICLE II INITIAh PERIOD FOR WATER TREATMENT AND TRANSMISSION SERVICES 2.1 Treatment ang Transmtopion_serviaea 4 During the Initial Period, .DENTON agrees to treat water for DISTRICT in DENTONtS Water Treatment System, and to transport such treated water to the Point(s) of Delivery subject to the terms and conditions stated h-:rein. DISTRICT agrees to contract for the use of water treatment services and for the use of water transmis- sion services from DENTON subject to the terms and conditions stated herein. 2.2 Rar Ng a ~o Be Supplied P.V District All raw water to be treated by DENTON on DISTRICTOS be- half under the terms of this Agreement shall be provided by DIS- TRICT at its sole expense. Such raw water shall be provided out o sources under contract to DISTRICT and delivered or made available to DENTON by DISTRICT in Lake Ray Roberts or Lake Lewisville, This provision specifically includes raw water that is under contract to DENTON and DISTRICT out of Cooper, Reservoir in Sulphur River Basin, which water may be made available to Lake Ray Roberts or Lake Lewisville, if 'authorized by separate agreement with Dallas. De- livery of any other water from outside the Ray Roberts - Lewisville Lake system, for treatment by DENTON under this Agreement will re- quire the written permission of DENTON, Exoept for Cooper Reser- voir water, DENTON shall have no obligation under this agreement to treat any water delivered by DISTRICT from outside the Ray Roberts- Page 5 Y. i7 f Lake Lewisville Lake system and DENTON may refuse to accept any r other such water at its treatment plants, 2.3 Temporary Sale of-Raw Mlater, The provisions of this Article notwithstanding, DISTRICT agrees that DENTON has the right of first refusal to sell raw water a on a temporary basis to DISTRICT according, to the terms of a sepa- rate raw water agreement. 2.4 Availabili Traatmen ~,gq Transmissiog sere 1DA4. Treatment of raw water provided by DISTRICT under thin Agreement is expressly subject to and limited by the available sup- ply of raw water from DISTRICT. DENTON shall exercise due dili- gence to assure that the treatment and deliverability of water is maintained. Should DENTON need to curtail treatment or transportation of water for its customers, DENTON may impose a like curtailment on treatment or deliveries of water, under this Agreement to DISTRICT without being in default of the Agreement. Such curtailments shall be limited to the extent that such supplies and service axe cur- tailed due to a lack of raw water supply or because of system fail- ure or malfunction, contamination, acts of God, civil disturbances, war or other causes beyond DENTOW S control. DISTRICT will cooper- ate by imposing like curtailment measures upon its sates. 2.5 ZVtablg RRSatiiotiops To the extent DENTON imposes restrictions relating to the curtailment of water delivery and availability, DENTON agrees to impose such restrictions in a non-discriminatory fashion. Page 6 4I` 1 , 2.6 IIse of We11e, Nothing in this Agreement shall be construed to impair or affect DISTRICT'S right to use any existing water wells or any wa- ter wells it may drill in the future. ARTICLE III WATER SERVICE x 3.2 volume gt Treatment and Transmission S*pX oe to be Provided Loot the Initial Per od .a The volume of treatment and transmission service to be made available to DISTRICT by DENTON during the initial Period for each Water Year shall be established. annually as described in this Article. DENTON will make available to DISTRICT, for the Initial: Period, up to 4.5 mgd of water treatment and transmission services for water treated by DENTON. DENTON will not transport any water for the DISTRICT during the Initial Period other than water treated in DENTON'S Treatment System. 3.2 DDJtriot to give NOtiod Not less than one hundred and twenty (120) days before the beginning of the first and each successive Water Year, DISTRICT shell give written notice to DENTON concerning the Peak Daily Vol- ume of Treatment Capacity and transmission service being requested. DENTON may, at its sole discretion, waive the one hundred and twenty (120) day notice requirement upon the written request of DISTRICT. Such request and waiver shall be effective only if done in writing. if the requested volume exceeds 4.50 mgd, DENTON shall determine the capacity in DENTON'S Treatment and Transmission Sys- tem expected to be surplus to DENTO.N'S needs. If, for the upcoming Page 7 a* Water Year, DENTON determines there is surplus capacity in DENTON's Water Treatment and Transmission System above 4.50 mgd to provide the DISTRICT with the additional requested treatment and transmis- sion services, DENTON may, under the terms of this Agreement pro- vide such additional treatment services for that Water Year. The parties agree that Exhibit "A", as described in Article 4.1 hereof shall be supplemented each year of the Primary Term of this Agree- ment to reflect the Peak Daily Volume DISTRICT has requested for each Delivery Point. The first Water Year or any portion thereof under this Agree- ment shall be the first year that water is actually delivered by DENTON under this Agreement and taken by DISTRICT. For the first Water Year, the one hundred and twenty (120) day notice referenced above shall be interpreted to mean one hundre id twenty (120) days prior to the date actual delivery of water is requested to begin. Prior to the first Water Year, DISTRICT and DENTON shall coordinate on a regular basis the activities necessary to plan for and commence delivery of treated water. Thereafter, prior to June 1 of each year, DISTRICT shall provide an estimate of the treatment and transmission services it expects to request for the succeeding three-year period. 363 XjjjKW _ *jVK2 DISTRICT agrees, during each Water Year of the Initial Period, to pay DENTON, on a take or pay basis, for a Minimum Water Volume based upon the Feak Day Volume of treatment and transmission capacity requested or taken whichever is greater, by DISTRICT for each Water Year. The Minimum Water Volume shall be calculated \ Page a Ir , r i using the following formula: Minimum Water Volume = Peak Day Volume multiplied by 365 multiplied by the applicable percentage*. *The applicable specified percentage for each year of the initial Period shall be: U-2A ice. 322.fa 129-Z 1221 70& 70% 60%, 55% 55% During the Initial Period, each Water Year's Peak Day Volume shall not be less than any prior Water Year's Peak Day Volume. ARTICLE I'7 DELIVERY: LOCATION, METERING CONDITIONS 4.1 ppliverv qn4 Mo •riiAg DENTON agrees to deliver the treated water hereunder at Delivery Point(s) shown in Exhibit A, attached Y6ereto and incorpo- rated herein by reference, and at any other such points as may be mutually agreed upon by DISTRICT and DENTON. The cost of acquir- ing, designing, installing and constructing all water delivery and metering equipment or facilities necessary to fulfill this Agree- ment, including, but not limited to, water lines to metering points, meters, mater vaults and associated valves, shall be borne by DISTRICT. Upon completion of construction and acceptance by DENTON, DISTRICT shall dedicate the metering facilities, including the rate-of-flow controllers, to DENTON prior to the initiation of services hereunder. All plans for metering facilities and pipe- lines related thoreto shall conform to DENTON'S requirements and shall be submitted to DENTON for its written approval prior to installation, which approval will not be unreasonably withheld. Page 9 F f r. 1 i However, it is anticipated that the existing Points of Delivery for DENTON'S existing wholesale customers will be sufficient if Corinth and 1JCMUA receive water from the DISTRICT during the Initial Peri- od. This Agreement does not contemplate the installation of dupli- cate metering facilities to measure the water bring transported and delivered. Nevertheless, if such additional metering abilities are determined by the Parties to be necessary, they shall be installed under mutually satisfactory terms. DISTRICT represents and covenants that it has acquired, or will acquire, prior to the installation of metering equipment, the necessary easements or right-of-way on which the metering facili- ties and associated appurtenances for all points of delivery will be placed. 4.2 MA nt• anon And Calibration q )fttLK! All water furnished shall be measured by meters installed at the Point(s) of Delivery. DENTON agrees to maintain said meters and, to cause such repairs and adjustments to be promptly made. DENTON shall test the meter(s) annually, The costs of meter re- pairs and testing shall be included in the Variable Costs. Upon the request of DISTRICT, DENTON shall test the meter(s) more frequently than annually, but such additional test(s) shall be at DISTRICT'S eXpense, except when an error in metering is found to exceed 2$. If a meter is found to be in error by more than plus or minus two percent (2%), adjustments shall be made accordingly. If either Party at any time observes an apparent error in meter registration or read..+.ngs, such Party will promptly notify the other Party. DENTON shall arrange for a calibration test and joint Page 10 t how% it I i observation of any adjustment and the same meter or meters shall then be adjusted to accuracy. DENTON shall give DISTRICT at least forty-eight (48) hours notice of the time of all tests of meters so that DISTRICT may conveniently have a representative present. If for any reason any meters are out of repair so that the amount of water delivered cannot be ascertained or computed , from the reading thereof, the water delivered during the period such meters are out of service or out of repair shall be estimated and agreed upon by the Parties hereto upon the basis of the best ' data available. For such purposes, the best data available shall be deemed to be the registration of any check meter or meters if the same have been installed and are accurately registering. otherwise, the amount of water delivered during such period may be estimated (i) by correcting the error if the percentage of the er- ror is ascertainable by calibration tests or mathematical calcula- tion, or (ii) estimating the quantity of water by deliveries during the preceding periods under similar conditions vhen the meter or meters were registering accurately. 4.3 Ug1 b` of Ke~q~ The unit of measure for water delivery under this Agree- ment shall. be 1,000 gallons, U.S. standard Liquid Measure. 4.4 Aggg ! Each Party agrees to provide ingress and egress for the employees and agents of the Party that owns the meter to all its premises inside Party's boundaries as required to install, operate, inspect, test and maintain meter facilities. Page 11 r v. 4.5 R o o lox Copt o ler Except as provided below, a rate-of-flow controller shall he installed at each Point. of Delivery of water from DENTON to DIS- TRICT where peak rate of flow is expected to exceed 0,5 mgd. DIS- TRICT shall pay for the required rate-of-flow controllers and main- tenance costs. Each rate-of-flow controller shall be set at the DISTRICT'S Peak Day Volume as requested for each Point of Delivery as provided in Article III herein, and shall be set on June 1 or + later of each Water Year. The total of all Peak Day Volume set- tings requested by DISTRICT shall not exceed the Peak Day Volumes ,r requested in accordance with Suction 3.2. DENTON and DISTRICT recognize the temporary nature of the treated water service pro- vided for herein. Accordingly, both parties agrees to consider achieving the results desired under this paragraph without the ex- pense ordinarily associated with installing a rate of flow ,controller for such temporary period. 4.6 DeliymX C •ak lUk e DISTRICT shall receive water from DENTON, either through an open discharge into a ground or elevated storage tank, or into a supply line. If delivered into a supply line, an appropriate backflow preventor check valve shall be placed by DISTRICT in the delivery line to assure that no flow of water from DISTRICT'S system can return to DENTON'S system. ARTICLE V WATER RIGHTS 5.1 k1 Copve Anon _.~Lf Watex Ri htt4 DENTON and DISTRICT acknowledge that nothing in this Page 12 i r. e ^s~ i `i ~i Agreement is intended to sell, transfer, or convey any water rights q from DENTON to DISTRICT or any other entity and no such rights are sold, transferred, or conveyed. DISTRICT is responsible for making its own provisions for raw water supply and agrees to do so by se- parate action, contract or agreement. If this Agreement is ever construed to effect a sale, transfer, or conveyance of water rights from DENTON to DISTRICT, then it shall be null and void. 5.2 U_tgr 8_ upply DENTON and the DISTRICT, individually and respectively, will be responsible for their respective raw water supply needs. ARTICLE VI LONG-TERM WATER TRANSM188ION SERVICES 6.1 7fg t 1 riario4 Trensm ssion esrv cue Water transmission services for the Initial Period shall. be provided for in conjunction with water treatment services in ac- cordance with the terms and conditions provided in Articles 11 and III. 6.2 Long- Terx DENTON agrees to sell provide the DISTRICT long-term water transmission services from tha date of termination of the Initial Period for the remainder of the Primary Period designated in Sec- tion 12.3, subject to the DISTRICT'S compliance with the require- ments of Section 6.3. Such transmission service shall be available to and through the delivery points as listed in Exhibit A, unless other delivery points are agreed to in writing. DENTON agrees to provide up to 1.5 mgd of transmission service to the Corinth meter- ing point and 1.0 mgd of transmission services to the Lake cities Page 1,1 4 r. i Iti Municipal Utility Author.tty (LCMUA) metering point, each location as shown on Exhibit A. Said maximum amounts shall be increased to 4.50 mgd collectively for Corinth and LCMUA upon the completion of DENTON'S otherwise planned expansion of that portion of DENTON'S System, it being agreed that DENTON will not be required to expand a such transmission capacity solely for Corinth and LCMUA, unless otherwise needed for DENTON'S System. DENTON shall not he obli- gated to provide such increased maximum amounts unless DISTRICT first pays for the construction of any oversized pipeline for the expansion to serve Corinth and LCMUA, based upon DISTRICT'S pro- portionate share of the overall transmission capacity of the line. 6.3 Distriab to Qive otiae 9.'wo years before the beginning of the first and each successive Water Year beginning with Water Year 1998, DISTRICT shall give written notice to DENTON concerning the Peak Daily Vol- ume of transmission service being requested. DENTON may, at its prole discretion, waive the two-year notice requirement upon the written request of the DISTRICT. If the requested amount exceeds that amount listed in Exhibit A, DENTON shall determine if such additional capacity is available. If, for the upcoming Water Year, DENTON determines there is suffi- cient additional capacity in Denton's Water. Transmission system to provide the DISTRICT with the additional requested transmission services, DENTON may, under the terms of this Agreement, provide such additional transmission services for that Water Year. 6.4 f y£ ia_Hor 9t~naer If during the Primary Term of this Agreement, the DIS- . Page 14 r 'y ti.V/ t TRICT proposes-to serve the City of Sange): through a pipeline ex- tension from the northwestern portion of DENTON'S water distri- bution system generally along interstate 35, VF NTON will make rea- sonable capacity available, in accordance with Exhibit A for the Primary Term of this Agreement. DEVTON may participate, at its option, in the capital and operating cost of said pipeline based upon its proportionate share of the overall transmission capacity of the line, up to the limits of DENTON'S extraterritorial juris- diction, If DISTRICT determines at any future time that such pipeline to the city of Sanger is no longer needed, DENTON shall have an option to purchase DISTRICT'S portion of said pipeline at the original cost thereof, less accumulated straight-line depre- ciation. To provide such service to Sanger, DISTRICT shall have the option to purchase treated water from DENTON at its posted price for wholesale treated water, if such rate exists, or at DENTON'S rate for large industrial customers, or to request DENTON to transport DISTRICT'S water according to the provisions of this Agreement. 6.5 giichts to Water Tranmmiesian systeb DENTON and rISTRICT acknowledge that nothing in this Agreement is intended to transfer any rights to water transmission service from DENTON to DISTRICT or any other entity. 6.6 Minimum Transmission volume DISTRICT agrees, during the 1998 water Year, and each Water Year thereafter, of the Primary Term of the Agreement, to pay DENTON, on a take-or-pay basis, for a Minimum Transmission volume based upon the Peak Day Volume of transmission service requested or Page 15 1 c s v taken, whichever is greater, by DISTRICT for each Water Year. During the Primary Term, or any extension thereof, each Water Year's Minimum Transmission volume shall not be less than the pre- vious water Year's Minimum Transmission Volume, The Minimum Transmission Volume for any water year shall be A not less than the DISTRICT'S Peak Day volume multiplied by 365 times 50%. ARTICLE VII RATES AND CUARGES FOR SERVICE 7.1 11ater Tre t ent Service Initial Period DENTON and DISTRICT agree that the services being con- tracted for herein for the Initial Period are limited to tempora- rily surplus capacity and do not contemplate any investment by DENTON to provide services requested by DISTRICT. DENTON and DIS- TRICT agree that existing raw water facilities, existing Treatment Capacity and existing transmission facilities were constructed for the long-term needs of DENTON'S customers, not including the DIS- TRICT, Therefore, DISTRICT will have no right to firm, long-term use of any of said facilities or capacity except as provided in Sections 6.2 and 6.4 and such capacity shall be available through the Primary Term of this Aqreement. 7.2 Charges For Aa per Treatment and Transportation Service Xnitiax_Period DISTRICT agrees to pay for the temporary services during the Initial Period in the following manner: a) Variable Costs for use of DENTON'S Water Treatment Capacity in proportion to DISTRICT'S use of the Page 16 r r. Xreatment Capacity required by DENTON'S retail and wholesale customers; plus b) Variable Coats for use of DENTON'S Water Transmis- sion capacity in proportion to DISTRICT'S use of the transmission capacity required by DENTON'S x retail and wholesale customers; plus c) A Transmission Service Fee of ten cents (100) per thousand gallons and a Treatment Fee of forty-five 00 cents (450) per thousand gallons of treated water delivered to DISTRICT. These service fees shall be subject to an a,inual adjustment on or about October 1 of each year, commencing October 1, 1993, to re- flect increases or decreases in costs according to the consumer Price Index, The current index shall refer to the last bimonthly (if available, if not, the last quarter) Index published prior to the date of adjustment. Subject to the specific exception in the next sentence, "Previous Index" shall refer + to the last bimonthly (if available, if not, the last quarterly) index published just prior to the previous date of adjustment. With respect to the first adjustment, the "Previous Index" shall refer to the last bimonthly (if available, if not, the last quarterly) Index published prior to the ef- fective date of this Agreement. These fees shall be adjusted by multiplying the applicable fee times a fraction (the CPI Adjustment Formula), the numer- 4Page 17 ` Y f r ' ator of which is the Current Index and the denomi- nator of which is the Previous Index. The charges outlined in this paragraph will be expressed as a total unit price per thousand gallons to be effective for each Fiscal Year. Prior to May 1 of each year, DENTON shall provide to DISTRICT a cost analysis based on actual data for the most recent 12-month period for which such data are available; costs shall be projected to the forthcoming Fiscal Year. DISTRICT shall be grant- ed access to DENTON'S books and records at reasonable times upon reasonable notice to review the cost analysis provided. DENTON may choose to bill DISTRICT each month based on estimated Variable Cost' for the month and correct for actual costs in the billing for the succeeding month. 7,3 enary,ee for Long-Term Tr a ii7aion service The charges outlined in this paragraph shall be expressed as a total unit price per t.tiousand gallons to be effective for each Fincal `!ear. Tranuportation costs for long-term service shall in- ,sl.ude operation and maintenance expenses of the Transmission Sys- tem, pul,kping and energy costs, depreciation expense, and a return on DENTON'S applicable rate base (DENTONtS actual net investment in the Transmission System equal to original cost less depreciation reserve) in its Transmission Syritem, which return shall be equal to the weighted average interest rate on .1 outstanding debt for DENTON'S Water Utility System plus one and one-half percent (1.5$). A street rental fee equal to four percent (4%) of total transporta- tion cost, may be included in operation and maintenance expenses. Depreciation expense will be based upon the original cost of all rage 18 r_ v. , r capital, invested and contributed, which must be replaced by DENTON at a future date in order to maintain service. Pipelines and other facilities paid for by the DISTRICT, Corinth and LCMUA shall not be included in DENTON's investment cost or calculation of depreciation expense but may be il.tcluded when calculating operating and mainte- nance expense. Costs to transport water, shall be calculated on a system-wide basis, excluding distribution facilities, and shall be c limited to the Transmission system which shall not include the cost of transporting water through lines smaller than tW.ve (12) inches in diameter, The test year for establishing the transportation rate shall be the projected year that the rate is applicable. Test year data shall be obtained front actual data of the second year prior to the test year with adjustments made for known or verifiable changes. The proportion of applicable rate base for which the DISTRICT shall pay a rate of return shall be as follows; Dintr.ict's proportion of rate base Diatrict'a Pea Dam o u e Total Peak Day Transmission Volu,ne 7.4 ,Allo t o Q! Transmf eion Co t operating and maintenance expenses of the combinod trans- mission and distribution system shall be apportioned, after deduc- ting expenses unrelated to the transportation function, including such activities as retail metering, retail meter shop services, fire hydrants, fire protection, pressure maintenance, customer con- nections or tape, to the rransmission system on an inch-mile basis, taking into account all of the pipelines in DENTON'S system. A Page 19 r, i 1 capital, invested and contributed, which must be replaced by DENTON at a future date in order to maintain service. Pipelines and other facilities paid tor by the DISTRICT, Corinth and LCMUA shall not be included in DENTON'S investment cost or calculation of depreciation expense but may be included when calculating operating and mainte- nance expense. Costs to transport water shall be calculated on a system-wide basis, excluding distribution facilities, and shall be o limited to the Transmission System which shall not include the cost of transporting water through lines smaller than twelve (12) inches in diameter. The test year for estiblishing the transportation rate shall be the projected year that the rate is applicable. Test year data shall be obtained from actual data of the second year prior, to the test year with adjustments made for known or verifiable changes. The proportion of applicable rate base for which the DISTRICT shall pay a rate of return shall be as follows., District's proportion of rate bass U r c Pe&k neYVSk me Total Peak. Day Transmission Volume 7.4 Al o ttio n 4B.ami~g~io,_ n_ Cost Operating and maintenance expenses of the combined trans- mission and distribution system shall be apportioned, after deduc- ting expenses unrelated to the transportation function, including such activities as retail meterl.ng, retail meter :shop services, fire hydrants, fire protection, pressure maintenance, customer con- nections or taps, to the Transmission system, on an inch-mile basis, taking into account all of the pipelines in DENTON'S oystem. A Paqe 19 unit price for. transportation of water through the Transmission System shall be calculated by taking into account the total volume pumped by DENTON on an annual basis for all of DSNTONIS retail and wholesale customers, including DISTRICT. The charges outlined in this paragraph will be expressed as a total unit price per thousand gallons to be effective for each Fiscal Year. Prior to May 1 of each year, DENTON shall. provide to DIS- TRICT a cast analysis based on actual data for the most recent 12- month period for which such data are available; costs shall be pro- jected to the forthcoming Fiscal Year. 7.5 Notice/Opportunity to Co r4pt DENTON shall notify DISTRICT by May 1 of each year of any intent to change any rates or charges provided for in this Article. DISTRICT shall have at least 60 days notice to review and comment on proposed rates prior to submission of such proposed rates to DENTON City Council for approval. District shall have access to DENTON'S books and records at reasonable times upon reasonable notice to review cost analyses and proposed rates. Revised rates shall become effective in accordance with DRNTOW S ordinance estab- lishing such revised rates. 7.6 D»i"PnN118 Qption t, purc Faso 1i im Wik. DISTRICT hereby agrees upon reasonable notice to allow DENTON to purchase interim water out of surplus treatment capacity to be constructed in future by DISTRICT and for transmission ser- vice related thereto, This option may be exercised by DENTON to allow it to dcifer construction of its own treatment capacity or to minimize the amount of reserve capacity constructed in connection Page 20 a I therewith. The terms and conditions of such sale by DISTRICT to DENTON shall to the extent applicable be the same as herein, but may be modified by mutual agreement according to the conditions and circumstances then existing. ARTICLE VIII TRANSFER OF CUSTOMERS ° 8.1 Transfer of Corint and The DISTRICT acknowledges that the City of Corinth ("Co- ninth") and the Lake Cities Municipal Utility Authority ("LCMUA") are existing wholesale customers of DENTON'S water system. DENTON acknowledges that Corinth and LCMUA have, contracted to be Partici- pating Members of DISTRICTOS Regional Water Supply system. DENTON and DISTRICT will cooperate to achieve an orderly transfer of. Co- rinth and LCMUA to DISTRICT'S System when the DISTRICT is ready to serve them, but no sooner then when the DISTRICT installs its first pipeline to serve a participant in the Regional Water Supply System other than Corinth or LCMUA, or June 1, 1994, whichever date is later. 8.2 DINTOI( to Transport water Further, DENTON agrees to continue for the Primary Term of this Agreement to transport water through existing pipelines to Corinth and LCMUA for DISTRICT if requested by DISTRICT and in ac•- cordance with the provisions of section 6.2 and at volumes not to exceed those enumerated in Exhibit A. 8.3 jaraanisitas O brans er DENTON shall not transfer its service to Corinth and LCM0A to DISTRICT unless and until Corinth and LCMUA request that DENTON / Page 21 r it 1 terminate thei.r•respective water purchase contracts with DENTON and that they be transferred to DISTRICT as DISTRICT'S customers. Such transfer shall &lso not take effect if there is, at the time of the proposed date of transfer, any existing or threatened litigation or active disagreement between DISTRICT and DENTON concerning any pro- " vision in this or in any other agreement between the two parties, or any existing or threatened litigation or active disagreement be- tween DENTON and Corinth or LCMUA regarding any matter. ARTICLE IX HATER OYBTZX STANDARDS AND SUPPLY 9.1 Due Di)icenao to Nest gaelth standards For the protection of the health of all consumers supplied with water from the water system of DENTON, DISTRICT and DENTON agree to use due diligence to comply with State of Texas Department of Health standards and to guard carefully against all forms of contamination to their respective water systems. If at any time contamination of DENTONIS Treatment or Transmission System should occur, to the extent that city, state, or federal regulators be- lieve that human health is affected, the water supply to the area or areas affected shall be immediately shut off or regulated and remain so until such conditions shall have been abated and the wa- ter declared again safe and fit for human consumption by properly constituted governmental health agencies having jurisdiction there- of. If at any time contamination of DISTRICT'S treatment or trans- mission system should occur, to the extent that city, state, or federal regulators believe thet human health is affected, DENTON may temporarily discontinue flows from DISTRICT a?:d the water sup- Page 22 C hw ~ 1 11 ply to the area.or areas affected shall be immediately shut off or regulated and remain so until such conditions shall have been abated and the water declared again safe and fit for human consump- tion by properly constituted governmental health agencies having jurisdiction thereof. During such temporary discontinuance, DENTON may provide water supplies from DENTON'S plants, to UISTRICT's cus- tomers receiving water service through DENTON'S Transmission Sys- tem. Such supply shall be subject to DENTON'S determination, at its discretion, of its ability to provide such service. DISTRICT agrees to pay for such supplies at a price per thousand gallons equal to the average price of DENTON'S largest retail water customer. 9*2 Curtailment DENTON expressly reserves the right to discontinue tem- porarily, after notice to DISTRICT, the supply of water to any of the pipes laid or to be laid by DISTRICT whenever it is necessary to do so to insure proper operation of the DENTON water syUtem, or for noncompliance with any provision of this Agreement. In suc' instance, no claim for damage for such discontinuance or curtail- ment shall be made by DISTRICT against DENTON. ARTICLE X BILLING AND PAYMENT 10.1 Bi le endered DENTON shall render bills monthly for treatment and trans- mission charges incurred by DISTRICT under this Agreement by the tenth (10th) day of each month. Bills shall be due and payable upon receipt by DISTRICT. r Page 23 i ~i 1 10.2 Pjggptt Ptn1Rt end .Disputed DISTRICT' shall make payments to DENTON within 20 calendar days of the date a bill for service is rendered, If DISTRICT at any time disputes the amount to be paid by it to DENTON, DISTRICT shall nevertheless promptly make such payment or payments; but, if it is subsequently determined by agreement or court decision that g such disputed payments should have been less, ox, more, the amount shall be promptly adjusted. The charges shall be adjusted in such manner that DISTRICT will recover its overpayment or DENTON will recover the amount due it. All amounts due and owing to any Party shall, if not paid when due, bear interest at the rate of ten per- cent (10%) per annum from the date when due until paid.. ARTICLE ZI GENERAL PROVIBIONB 11.1 EIRIM e• tatiDns of th* Parti*s DE11TON and the DISTRICT hereby covenant and agree as fol- lows; a) Each Party to this Agreement warrants that its actions in executing and entering into this Agree- ment have been duly authorized in a manner that follows tho laws applicable to it. b) Each Party to this Agreement warrants that it shall promptly and with all due diligence, acting jointly or individually as may be appropriate, take all necessary actions and endeavor to obtain all regu- latory approvals, licenses, orders and permits necessary to carry out its obligations under this Page 24 i } Agreement. 11.2 Service Lecential and Neceasgr D.T.STRICT represents and warrants to DENTON that the ser- vices to be rendered by DISTRICT to its customers as result of this Agreement are essential and necessary to the operation of its customers. DISTRICT agrees to require in all of its contracts with its customers, the language contained zn Exhibit B, which language d lEi intended co protect the tax exempt status of future revenue bonds to be issued by DENTON and DISTRICT, 11.3 Termination and Defaul Should DIS'T'RICT fail, refuse or neglect to pay any bill for water treatment services or water transmission services within sixty (60) days of the date due or should it refuse, neglect, or fail to comply with or perform any of the conditions on its part required to be compiled witii or performed hereunder, the DISTRICT shall be in default. If after such default, DENTON shall deliver to DISTRICT, addressed to the Executive Director of DISTRICT, a notice in writing of its intent to terminate the treatment or ' transmission of water on account of such failure, refusal or ne- glect, then DENTON shall have the right to terminate the treatment and transmission of water at the expiration of thirty (30) days after the giving of such notice and to terminate this Agreement, unless within thirty (30) days DISTRICT shall make good such failure, refusal or neglect. If DISTRICT pays or performs within the thirty-day (30) period the default shall cease to exist. The termination of this Agreement, as provided herein, shall not re- lease DISTRICT from its obligation to make payments of any amounts Page 25 due or to become due in accordance with the terms hereof, 11.4 8oroe Maieure If, because of flood, drought., fire, explosions, civil disturbance, war, water system failure or malfunction, acts of God, or other causes beyond the control of either Party, either Party is not able to perform any or all of its obligations under this Agree- ment, then the respective Party's obligations hereunder shall be suspended during such period, 11,5 3~a"tv_& P -----.~44-ela#ma Except for the actions or inactions described and dis- claimed in paragraph 21,6, which are expressly excluded from this indemnity, DENTON agrees to hold harmless and defend DISTRICT, it officers and employees, from any claim of injuries, damages or losses that arises from any act, omission or negligence of DENTON, its officers or employees, in the operation of any facilities owned by DENTON and used under this Agreement, unless said injuries, dain- ages or losses result from the negligence of DISTRICT, DISTRICT agrees to hold harmless and defend DENTON, its officers and employees, from any claims for injuries, damages or losses that arises from an ^ y act, omission or negligence of. DIS- TRICT, its officers or employees, arising from the performance of their Agreement, unless said injuries, damages or losses result from the sole negligence of DENTON. 11.6 99GAIAtLO~Us of Ot r A ens ea DENTON shall not be liable in any event for the non- availability of treatment services hereunder due to the inability of DENTON to perform any obligation under this Agreement for rea- P;age 26 4` r y s1 sons beyond its control, including rules or regulations or other governmental agencies. 11.7 k¢verability should this Agreement, or any provision thereof be, or found to be, in violation of any applicable law or regulation, either Party, upon reasonable notice to the other, may terminate this ?agreement, or upon the mutual consent of each party, this ' Agreement may be amended so as to be in compliance with such law or regulation. 11.9 Assignment Neither DENTON nor the DISTRICT shall assign or transfer in whole or in part the rights and privileges granted in this Agreement without first obtaining the written consent of the other Party. 11.9 Mire eenet Hod ficakiag This Agreement embodies the whole agreement of the Par- ties. There are no promises, terms, conditions, or obligations other than those contained herein. This Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the Parties, and all modifications of this Agreement shall be in writing and approved by both Parties. 11610 q~au~ All amounts due tinder this Agreement shall be paid and be due in Denton County, Texas. It is specifically agreed among the Parties that Denton County, 'T'exas, is the place of performance of this Agreement. In the event that any legal proceeding is brought to enforce this Agreement or any provision hereof,, the same shall Page 27 c a d be brought in Denton County, Texas. 11.11 N*T rd Party Benefiolariee This Agreement is solely intended for the benefit of the Parties hereto and is not intended to and shall not be corstrued to be for the benefit of any individual or create any duty on behalf of DENTON or DISTRICT to any third party, 11.12 HO ceq Any notice, request for information or other document to be given hereunder to any of the Parties hereto by the other Party shall be in writing and shall be hand-delivered or sent by certi- fied or registered mail, postage prepaid, requesting evidence of receipt as follows: a) If to DENTON, Addressed to: City of Denton Attention: city Manager 215 East McKinney City of Denton, texas 76201 b) If to DISTRICT, Addressed to: Upper Trinity Regional Water District Attention: Executive Director Post Office Drawer 305 Lewisville, Texas 75067 Either Party may change the address for notice above by certified mail to the other Party at any time. 11.13 Aga The captions of the various sections and para7raphs herein are intended for convenience or reference only and shall not define or limit any of the terms or provisions hereof. 11.14 Qovtrni" "Me This Agreement shall in all respects be governed by and Page 28 t construed in accordance with the laws of the State of Texas cluding all matters of construction, validity in- Y and performance. li.is f3o a ama a Tmmuaity Nog4 t Naiv Neither DENTON nor DISTRICT waives, nor shall be deemed hereby to waive, any immunit or 9 Y defense that would otherwise be available to it against claims made or arisin g from any act or omission resulting t from the Agreement. 11.1d HOAxaivar The waver by DENTON of any breach of any provision con- tained in this Agreement shalt not be deemed to be a waiver of such provision for any subsequent breach of the same or any other provision. ARTICLR XII TERM OIP CONTRACT 12.1 ZUA_0UY#_QStj Upon execution by both Parties, this Agreement shall be- come effective upon the date first written above. x2.2 T-era Temenrarv T ^ ..er~e~ as The provisions for temporary or interim services shall terminate according to the applicable sections of this Agreement and the definition of Interim Period in Article I. 12.3 prime" Tho Primary Term of this Agreement shall be twenty (20) years and sha11. terminate twenty (20) years after the date of this Agreement. This Agreement ma Y be renewed for a subsequent twenty (20) year period (the Renewal Term) if agreed to in writing by both Parties at least five (5) years prior to the termination date; pro- ~ Page 2<) - "S sl vided that either party may terminate the Renewal Term at any time during the Renewal Term by giving the other party Five years' no- tice. IN WITNESS WHEREOF, the Parties hereto have caused this Agree- ment to be executed by their respective duly-authorized officers in multiple originals as of the date and year first above written. CITY OF DENTON, TEXAS Bob Castleberry, Mayor ATTEST: Jennifer Walters, City Secretary BY: APPROVED AS TO LEGAL FORM: Debra A. Drayovitch, City Attorney BY: UPPER TRINITY REGIONAL WATER DISTRICT ,;rim Karlovich, President Board of Directors ATTEST: Tom Harpool, Secretary Board of Directors APPROVED AS TO LEGAL FORM: John F. Boyle, Jr., Attorney Hutchison, Boyle, Brooks ti Fisher Page 30 i EXHIBIT A ~ POINT6 OF DELIVERY maxim Location Deliverability interstate Highway 35 & Loop 288 4.0 mgd U.S. Highway 180 & Loop 288 1.0 mgd Interstate Highway 35 & U.S. Highway 77 .5 mgd New Donton Water Plant at Lake Ray Roberts 4.0 mgd (When Complete) U. S. Highway 377 & AT & SF Railroad 1.0 mgd Existing Delivery Point for Corinth 1.5 mgd Existing Delivery Point for Lake Cities MUA 1.0 mgd Any changes to the a?.. is volumes or delivery points or any addi- tional allocation of transmission service volumes and deliveries shall be subject to written approval by DENTON. The maximum deliverability at each Point of Delivery does not represent the cumulative deliverability for all Points of Delivery. Page 31 . C 1 EXHIBIT B Each of.the Participating members, respectively, represents and covenants that all payments to be made by it under this Contract shall constitute reasonable and necessary "operating expenses" of its combined waterworks and sewer system, as defined in Vernon's Ann. Tex. Civ. St. Article 1113, and that all such payments will be made from the revenues of its combined waterworks and sewer system or any other lawful source. Participating Members, respectively, < represent and have determined that the treated water supply to be obtained from the system, including the Project and other System facilities, is absolutely necessary and essential to the present and future operation of its water system and that the System is the best long-term source of supply of treated water therefore, and accordingly, all payments required by this Contract to be made by each Participating Member shall constitute reasonable and necessary operating expenses of its respective system as described above, with the effect that the obligation to make such paymeat:: from revenues of such systems shall, have priority over any obligation to make any payments from such revenues (whether of principal, interest, or otherwise) with respect to all bonds or other obligations heretofore or hereafter issued by such Participating Member. Each of the Participating Members agrees throughout the term of this contract to continuously operate and maintain its waterworks system, its wastewater (sewer) system or both, and to fix and collect such rates and charges for water services, wastewater (sewer) services or both to be supplied by its system or systems as aforesaid as will produce revenues in an amount equal to at least (i) all of the expenses of operation and maintenance expenses of such system or systems, including specifically, its payments under this contract, and (ii) all other amounts as required by law and the provisions of the ordinance or resolutions authorizing its revenue bonds or other obligations now or hereafter outstanding, including the amounts required to pay all principal of and interest Page 32 f~ t on such bonds and other obligations. The District covenants and agrees that neither the proceeds from the sale of the Bonds, nor the moneys paid it pursuant to this Contract, nor any earnings from the investment of any of the fore- going, will be used for any purposes, except those directly relat- ing to the system, and the Bcnds as provided in this Contract; pro- vided that the District may rebate any excess arbitrage earnings from such investment earnings to the United order to prevent any Bonds from becoming States of America in " arbitrage bonds" r + the meaning of the Internal Revenue Code a the ds" within 1986 ( any amendments thereto in effect on the date of issue "Codelf) or or such Bonds. Each of the Participating Members covenants and agrees that it will not use or permit the use of the System in any manner that would cause the interest on any of the Bonds to be or become sub- ject to federal income taxation under the Code or any amendments thereto in effect on the date of such Bonds, Page 33 h i. I,. „ i. U HANDOUT TO COUNCIL 7.21•92 GREATER DENTON ARTS COUNCIL A SUMMARY OF PROGRAMS AND SERVICES FISCAL YEAR 1992 - 1992 Prepared for the Denton City Council Denton, 1'exas July 2.1, 1992 d GOAC Rpow ro T14 Crv COUNCIL 7 PIM Page I r, HIGHLIGHTS OF THE YEAR Over 43,000 visitors and users al the Center for the Visual Arts. Development of a renovation plan for the Campus Theater. Set priorities and goals for further development of Denton Arts Complex, k Successful debut of On My Own Time program GDAC membership Increases to an all-time high 500. Successful exhibition year built around Texas and area adlsts. City corrrnAment to repalr and renovate CVA exierfor, FINANCIAL HIGHLIGHTS Finished budget in the black for fifth consecutive year. Over $34,000 (close to 20% of 1991.92 revenue) of budget was money from outside the community. Increase in business memberships and contrlbutions, $20,000 In grants to arts organizations and $20,000 more committed for coming year, Ongoing support from Union Pacilic, G I E, and Target Foundations, Significant grants from Texas Commisslon on the Arts ($16,000 for FY 19929!), rnAC 11PORF TO THE CITY COUNCIL o,2 VP? Pago 2 S 1 Y. 9 ~1 I i I CENTEn FOn THE VISUAL ARTS Denton's Comrnunily Arts Center HIGHLIGHTS: Between 40,000 and 45,000 users (luring 1990.91 fiscal year (more than 10% Incrert;e). Highest number of organizational men uers and users in GDAC history. Ouldeor sculpture exhibition on CVA grounds Fomullatlon of a plan for the completion of the East wing of the CVA. City conunilmeol for repairs and Improvements to building exterior and parking lot. GDAC manages and operates the Center for the Visual Arts. During the past year, the center has averaged rr between '3,000 and 4,000 users monthly. It is the silo for a vast array of programs, events, meetings, classes, rehearsals, and occasional social events. A sampling of the types of events available at the CVA during the past year include: gallery tours for school children art classes for children and adults children's theater classes and performances fundraisers for non profit organizations City of Denton meetings and events art exhibhlons workshops theater performances lectures dance performances opera musicals orchestra concerts recitals public receptions children's concerts This hardly exhausts the list of programs and events held al the Center. It is used for rehearsals by eight dance organizations, and Ilia Community Theatre hold its season there. Any given arts medium may be found at the CVA on any given day. The Center also provides storage spare for several civic organizations and houses the offices of the Denton Community Theatre, Denton Festival Foundation, and the North Texas Art League, Many organizations use the Center for monthly meetings. There are usually 4 or 5 dally uses of the Center and It Is not uncommon to have three things going on simultaneously. A "typical" day at the Center would consist of 100 • 200 persons Involved In any of four different arts or community related activilles, GDAC REPORT TO THE CITY COUNCIL 7121,02 Pagr. 3 4 g Y. MEADOWS GALLERY Denton's Public Gallery HIGHLIGHTS: Fifth anniversary of nationally recognized Materials: Hard and Soft contemporary crafls competition and exhibitlon. (Entries from over 40 states.) Gallery attracts thousands of out of town visitors. Emphasis on outstanding area and 'I exas artists of national prominence. 9 First exhibition of monumental sculplrrra, Inriuding four outdoor places on long term loan, The Meadows Gallery Is located in Iho Cenler for tho Visual Ads. Public hours are 1 to 5 p.m. dally, except Saturday and there is no admission charge, Ouring the past year over 10,000 persons attended our ,r exhibitions. Based upon our guest book entries, between 20 and 30 percent of our visitors are from outside Denton, The GDAC provides a year round schedule of exhibitions at the gallery. Gallery lectures, special lours, and periodic, aveninff hours Imp helped mnke the gallery even more available to he public. Although professionally managed, some of the gnNory work Is done by volunteers. The GDAC exhibition committee helps select shows and assists In their installation. Our docent program provides daily volunteers to monitor the gallery and assist visitors. A brief overview of exhibitions held during the past fiscal year: Malerials: Hard and Soft, About 300 artists from 41 states entered this GDAC sponsored contemporary crafts competition. This annual show has now reached national recognition and is covered in rnallonal arts publications. Dancers and Prancers; An exhibition of carousel, hobby, and rocking horses as well as r9lated items, Contemplating Harmony Work by fiber artist Shigeko Spear and rnetalsmith Harlan Bull, both Oenton artists and UNT faculty members. NTAAL Awards Exhibitlon: This annual exhibition Is organized by the North Texas Area Art League and features visual artists from throughout the Metropfex Existing in Space: An exhibition of monumental metal sculpture by J. Brough Miller, Professor Emeritus at 1WU. Pieces were displayed in tho gallery and on the OVA grounds. Hundreds of school children attended the exhibitlon through arranged tours, On My Own Time City Finalist Shore Employee art exhiblllon consisting of work selected from the employee art shows of eleven participating corporations. GUAC liF.p017T TO T}Ic Clfy COUNCIL. h'21 W page n 4• COMMUNITY PROGRAMMING HIGHLIGHTS: SPECIAL HANDS exhibition for Texas Specfai Olympics Successful debut of ON MY OWN TIME employee art exhlbitlon. Eleventh annual Festival of Carols CARA award presented in February GDAC presents programs designed to appeal to the community at largo and to make arts experiences accessible to a wide range of Interests, Most GDAC programs are either free of charges or priced to be as affordable as possible. Programs presented during 1991.92 fiscal year Include: FESTIVAL OF CAROLS: Now in its Iwellih year, this even[ Involves church, school, and civic, musical organizations presenting an evening of seasonal music, Held the Tuesday after Thanksgiving. Over 2,500 participants, ON MY OWN TIME: Over 150 arll~ls from eleven panicipaling corporations submitted over 400 pieces of art in this city wide oven(. Ffnallsis were presented at a Meadows Gallery exhlbitlon In June. Other programs Include participation in (he Dento r Arts Festival, Christmas Treo Cycle project, etc. ARTS. IN•EDUCATION 199192 completed the fourth year of a writer•in-residency program jointly sponsored by DISD and GDAC. During the five-month rosidency, over 1,600 students spent a minimum of one week with our resident pool, Bonnie Kennedy. Residency activities centered around Ms. Kennedy's "Painting with Words" program where children were encouraged to explore the reiatlonship between their senses, perceptions, and writing. Getty Institute. GDAC has also been a participant with the North Texas Institute for Educators on the Visual Arts, a Getty Foundation funded program headquartered at the University of North Texas. This program Is designed to develop discipline-based art education in the public schools, GDAC Is part of this consortium which Includes numerous North Texas school districts and Museums, GDAC t\ REPORT TO THE CITY COUNCIL 7/2132 Pego 5 h 3 / S GRANTSPFIOGRAM HIGHLIGHTS: l ' During fiscal year 1991.92 GDAC paid $20,000 In grants to Denton ads-producing nonprofit organizations. GDAC also awarded an additional $20,000 to be paid out during the 1992.9311scal year. Grants program funds are provided by The Ads Guild (TAG) and the Texas Commission on the Arts. SUMMIRY OF 1992.92 GRANTS PAYMENT'S, ORGANIZATION AMOUNT ~d Denton Orchestra Association $2,000 Donlon Community Ihoatre 51000 Denton Community Chorus 1,600 Denton Bach Society 2,000 Denton Community Band 1,800 North Texas Area Art League 1,900 Texas Storytellers Assoc, 1,000 Donlon Civic Ballet 2,100 Denson Light Opera 1,700 Radke Dance Gallery 400 North Texas Instiluio for Fdwknlors on the Visual Ails 1,000 SERVICES GDAC provides services and assistance to the arts community of Denton. These Include: ' ')132-ARTS phone number for public information about the arts In Denton ' Computer and desktop publishing resources ' Computer mailing list Ticket sales oullel Promotion of ails events Master calendar for ails events Newcomer and visitors asslstank.e Storage space ' Video camera equipmeni Iorrr Technical assistance Special Infomiallonal and promotional brochures Advocacy nctivilles on behalf of all the ails in Denton ' Grants writing and funding source assistance GUAC ftFPPQT TO THE CITY MINIM TPlpr Page f WHO 15 GDAC? Legal sUucture: The Greater Donlon Arts Council is a 501 (c) 3 tax exempt corporali(nn. Governing structure: GDAC is governed by a Board of Directors. The board has 24 regular members who serve three-year terms as wall ns roprasentnllvos from Tho Arcs Guild and Denton PAR). The regular board members nre elected by the (Imiernl membe+ship of GDAC. Fred Patterson Is the preuidont for 1992.93, Staff: The Arts Council is administered by the Executive Director, Herbert Holl, There are Iwo other full•Ilme posillons, Gallery/Facliilles Manager, and Secretary. A part•timeJanitor and a Green Thumb Program-funded receptionist round out the staff. Voluntnert A volrntsor docent program provides so+no 30 individuals who worl: in the Meadows Gallery as attendants and guides. Addillonal assisl<ance for programs comes from volunteers who serve on GDAC r,onwilttees such as: Exhibition, CARA, Festival of Carols, programs, grants review, membership, development, and others. TAG: The Arts Guild, with over 100 members, provides volunteers for Denton arts organlzatlons and holds its Annual Auction for the Arts which has raised hundreds of thousands of dollars for the arts in Denton. Membership: GDAC has 500 Individual, business, and organizational members, The membership elects board members and approves any changes In the GDAC by-laws. Anyone can be a GDAC member for as little as .$20. City of R mlom The City of Denton provides support in the way of annual Lalor fund allocations for operating expenses. Utilities at the CVA and at the Campus Theatre are also provided or underwritten by the city. CVA maintenance and repair service are also provided as budgeted by the city, Communifypartners: GDAC maintains an active role in Denton's civic life and is involved in partnerships V" numerc is organizations such as: The Chamber of Commerce Convention and Visitors Bureau Main Street Donlon Denton Historical Museum Downtown Business Association Denton Festival Foundation Texas Woman's University University of North Texas North Texas Institute for Educnlors on the Visual Arts CI).4G C liEfVU 10 TNf CITY COUNCIL Z'?r,n2 Pepe 7 t . r, GDAC 1992 ORGANIZATIONAL MEMBERS Ballet Folkiorico do Denton Big Brothers/Slslers of Donlon County Carrollton Repertory Dance Company Community School Dancexpress Deal Theatre of Texas , Denton Area Art Education Association Denton Bach Society Denton Benelit League Denton Cellic Danceis Donlon Civic Ballet Denton Counly "HPnds of the Family, Inc. Donlon Community Band Denton Community Chorus Denlon Community Theatre Denton Counly Amphilhentro Association Donlan County Lulno Council 4366 Denton County Medical Auxillary Denton Festival Foundallon Denton Handweavers Guild Denton Jaycees Donlon Lighi Opera Company Denton Orchestra Association Friends of WRR Greater Den+on Board of Realtors Home and Apartment Builders Association Main Street Damon Multl-Cultural Ails Guild Now Horizons Department, Women's Shakespeare Club North Texas Area Art League North Texas Lab Bands Sigma Alpha Iola • Denton Alumnno Chapter SoroplIrn st Internatlonal of Donlon Strickland Junlor Hlgh School Tejas Storytelling Association TWU • Department of Dance TWU • Department of Visual Arts TWU Department of Porlorming Arts UNT • Dapartment of Art UNT • Departmenl of Dance and Drama GUAC REPORT TO THE CITY COUNCIL 7/21,92 ,VI 1'ROe e c . ri H HANDOUT TO COUNCIL 7.21.92 CROUP: 13LACX LFADFRSHIP COORDINATINC COUNCIL Our council consists of several organizations in the [clack Community: The National Association for the Advancement of Colored People, 'fhe Southea3t Denton Ministerial Alliance, 'c'hew Concerned Parents Orqanization, 'rhe American Leqion (Penn- Reynolds and Jones, Post 840), and The Denton County Viet Nam a Assoc.iat.ion. Also The League of United Latin American Citizen;, ar,d the University of North Texas Studento Association along with the Civil I,iherty Union, support our call to redraw our council's district lines and create a police review board. 1. Redistrict: The city to create a 6-1 or 6-2 plan. All council members to be elected in single member districts with the mayor elected at large. This will bring the council closer to the people. This will also reduce the cost of runninq for cite council, allowing minorities, students, and Low-income peopte a bettor chance to participate in our city g0ve rnment. 2. Create a police review board with suhpoena power. abuses of consitutional rights by some of the Denton Police Offlcors, arc all every day occurrence. The system that the Denton Pollee Department uses now, does not work fairly for minorities and students. A responsible review board would allow it check and balanco system to operate and promote better co-operation between the police department, the minorities, and the studonl, communiP,ies. Y. ii 1 z 3. A mood to increaso. the dwarenum of the need for minoIity nci .and promotion wi thin tho ci Ly Is rank and f j le. Thci history of minority ctill) t.oymon1, in the Dcetmm City golorntnonL is pool: aL hesl,. Increased riwarenos, by the Pity manager and the laity Council cats help promote in1noritic"; in hirinq and sLaf- fiit q . No bLit ck I- iromen arid just. two black 1joi.iuc officers (oit L oC 110) is a slat) in Lho face to a i>Ia1uk community in a city the size of Denton. The mar:ent who has been in Latac n(orcromenl; for over tn'onty years send`, tho tno s s,tqc to our youth: "If you arc Mac?c, the DenLon Polico Dopart.ment don't, want; }'ot.t, 811L H you do become a hl,tek police i;; t)cnl;on, no etal,tor, how hard you work, or how well, you do your ;o)), yoke c:an only be j:rontoLec; as hiclh as sargcilt". Tho mcsseg(, from the f)onf.on Vito Pop,trtmant to our i3leck Touch is, "{tie don't. taant you, we ,1on't nee(i yon and ';Lay away. C 1 I. II I HANDOUT TO COUNCIL 7-21-92 CITY of DENTON, TEXAS 215 E. McKinney / Denton, TX 76201 / Phone (817) 666.6230 OFFICE OF THE EXECUTIVE DIRECTOR OF UTILITIES DATE: July 21, 1992 TO: LLOYD V. HARRELL, CITY MANAGER FROM: R.E. Nelson, Executive Director of Utilities RE: Comparisons between April Draft of UTRWD Treatment and Transmission and final Contract 1. Changed four "whereas's" to remove reference to water wells, specifically listing 4.5 MGD in the "whereas'", and 20 year term in the "whereas'". Denton changed these whereas's to merely state the City of Denton had sufficient water treatment and transmission line capability for serving the District and that the District did desire to contract for the use of these services. 2. Added items to the definitions that reflected additional terms listed within the body of the contract. 3. Paragraph 2.1 Changed the reference to the delivery points of the water from "District's" points to merely "the points" of delivery. This wording neutralized the ownership of those points of delivery and removed any specter of one party being subordinate to another party. 4. Paragraph 2.2 Raw Water to be Supplied by District Denton added wording that required Dallas to agree to any delivery of any external water into the Ray Roberts and Lewisville Reservoirs, This wording was done to be consistent with Denton's contract with Dallas regarding Lake Ray Roberts and Lewisville. District added a provision that allows them to use their Cooper water and deliver it into Lewisville or Ray Roberts. This is, of course, acceptable since Denton is a participant with the UTRWD in seeking to bring that Cooper reservoir water over to Ray Roberts and Lewisville. 5. Paragraph 2.7 Equitable Restrictions Denton reworded this section and eliminated phrases such as "grants privileges", with regard to equitable restrictions in the event of a necessary curtailment of water delivery because of emergency conditions. DEDICATED TO QUALITY SERVICE i 6. Section 2.8 Use of Wells Denton trimmed this paragraph relating to the "Use of Wells" so it would read more of a permissive allowance that Denton would use its wells if it felt appropriate to do so but removed it from having any absolute obligation to use the wells for the purpose of serving the District. 7. Section 3.1 Volume of Treatment and Transmission Service to be Provided for the Initial Period Denton added an additional condition to this section which r stated that Denton will not transport water for the District during the initial period other than water treated in Denton's treatment system. 8. Section 3.3 Minimum Volume Denton reworded the minimum volume that the District will agree to take during the initial period so as to clarify the amount of treatment services that Denton will be providing to the District. This clarification in wording also prevents the District from peaking off of Denton's system during the middle of the summer and then using the well ,systems of the respective members of the District to serve base load thereby causing Denton to incur the loss of its peak capability of its plant but not getting any revenues from the plant's capability for the rest of the year. Denton also added a clause whereby once the District sets a peak deny volume that future years' peak day volume will be at least that level or higher. 9. Section 4.1 Delivery and Metering Denton added a provision whereby the metering facilities, vaults, etc., would be paid for by the District but would be dedicated to Denton. 10. Section 4.2 Maintenance and Calibration of Meters Denton added a sentence whereby the cost to test and repair the meters annually would be a charge that would be passed on to the District. 11. Section 5.1 Water Rights Denton added a sentence which states that if any item in this contract is considered to have any effect on Denton's water rights then the entire contract is null and void. 12. Section 6.2 Long-Term Water Transmission Service Denton changed and added some wording to this paragraph to clarify that Denton would provide up to 2.5 MGD of water transmission services down to Corinth and Lake Cities and that, in the event there is ever any capital construction work in that section of Denton in the future, that the District could participate or provide the funding for Denton in order to oversize the line to increase the flow capability to Corinth and LCMUA up to 4.5 MGD. It specifically establishes that Denton will not be required to pay for this expansion, but rather that the District would help finance that. 13. Section 6.3 District to Give Notice Denton re-arranged the wording on this section, but essentially did not change the meaning. This section primarily states that: the District will give Denton notice of how much water transmission service they need and, if Denton has the capability, they will transport it. , 14. Section 6.4 Service for Sanger Denton added some clarification words so that it was clear that Denton could have the option to participate in oversize of any pipeline the District may want to extend along I-35 toward Sanger. 15. Section 6.5 Rights to Hater Transmission System Denton shortened this paragraph to strictly state that nothing in this contract is intended to transfer any rights to Denton's water transmission service other than what's in this contract. 16. Section 6.6 Ninimum Transmission Volumes Denton added this section to give Denton some predictability about the amount of transmission service that the District would plan to take from year to year, and that once they had taken a certain amount of transmission service, that they would be paying for that amount to the end of the contract period. 17. Section 7.2 Rates and Charges ( Denton had wanted to add a facility charge into part of the rates and charges, but District was adamant about not having the facility charge because of the presentations they had made to several of their members about not having a facility charge. The compromise was wording back in other sections of the document that allows Denton to charge those fees for maintaining and repairing and testing meters, etc., would be charged through in the variable costs to the District. 18. Section 7.3 Charges for Long-Term Transmission System Denton added depreciation expense for invested and contributed capital, as one of the expenses that would be charged through to the District. The District opposed inclusion of depreciation on contributed capital (this is capital contributed by developers who have installed 12" lines and larger in Denton or Federal Government grants that Denton has received for installing pipelines.) Denton did agree to remove any contributed capital facilities that had been paid for by 9 \J tr i C r Y h the District, Corinth or LCMUA. The District Opposed Denton including contributing capital for return on investment 1 purposes, but Denton feels that should be left in since it has been primarily developers who have provided these for the city of Denton and those facilities are, indeed, an asset base that was donated to Denton by these developers; therefore, if there is any benefit received from it, that benefit should go to the owners of the Denton system; however, it should make no difference to customers external to Denton whether Denton had financed that through its own investment or the facilities had been donated by a developer to the Denton system. This was a major contention with the District, but Denton has retained its position on this issue. 19. Section 9.1 Due Diligence to Meet All Standards A clause was added whereby that if the District, while transporting water into Denton's system, would have some contaminated water, that Denton would be able to shut off that water supply, but in return, for the temporary time it takes for the District to correct their problems, Denton would continue to serve District's customers off of its system, provided Denton has the plant and transmission capability to do so, until the District cures its problem; Denton then included an average price of Denton's largest retail water customer as the price for that service. r 1 r. u 5 HANDOUT TO COUNCIL 7-21.92 CRUMP2 e THE STATE OF TEXAS § CONTRACT BETWEEN CITY OF DENTON 5 AND UPPER TRINITY REGIONAL WATER COUNTY OF DENTON § DISTRICT FOR INTERIM SALE OF WHOLESALE RAW WATER This Agreement made this day of , 1992 by and between the City of Denton, a Municipal Corporation organized under the laws of the State of Texas ("DENTON"), and the Upper Trinity Regional Water District, a conservation and reclamation District created pursuant to Article XVI, Section 59 of the Constitution of the State of Texas ("DISTRICT"); WHEREAS, DISTRICT was created by the Texas Legislature to serve various regional water utility purposes including providing wholesale treated wa.twr service to participating cities and utilities of Denton County and adjacent areas; and WHEREAS, DISTRICT desires to purchase raw water from DENTON on an interim basic to enable DISTRICT to meet the needs of its Participating Members and Utilities; and WHEREAS, DISTRICT has entered into contracts with its Participating Members and Utilities to supply them with treated water; and WHEREAS, DENTON has certain water rights in Lake Lewisville and Lake Ray Roberts$ which rights have been granted by the State of Texas to DENTON; and WHEREAS, because of such water rights and other contractual rights held by DENTON, DENTON presently has raw water available to July 16, 1992 Hi\Staff\aNC\gna1541 1 C i c, r. it temporarily surplus to its current needs; and 4 WHEREAS, the City of Corinth ("Corinth") and the Lake Cities Municipal Utility Authority ("LCMUA") are existing wholesale customers of treated water from DENTON'S Water System, but have contracted to be Participating Members of the DISTRICT'S Regional Water Supply System; and WHEREAS, in order for the DISTRICT to be able to serve 4 Corinth, LCMUA and other customers, it is necessary for DISTRICT to purchase raw water on an interim wholesale basis from DENTON; and WHEREAS, DENTON'S needs for raw water to serve its own customers will increase during the term of this Agreement, making it necessary for DISTRICT'S purchases hereunder to correspondingly decrease; and WHEREAS, DISTRICT desires to purchase said raw water in accordance with the terms and provisions set out herein) and WHEREAS, DISTRICT has a contract with the City of Dallas for a long term raw water supply ; and WHEREAS, because DEN'rON desires to have reasonable expectations of revenue from the sale of such raw water and DISTRICT desires to have reasonable expectations of the availability of such raw water for a limited period of time, DENTON will make available to DISTRICT a quantity of raw water to be determined annually by mutual agreement under the terms of this Agreement; NOW, THEREFORE, in consideration of the mutual coven6nts and agreements herein contained, the Parties agree as followsr July 16, 1992 Hr\staff\oNC\gnalS41 2 C 4 's r. ARTICLE I SPECIAL PROVISIONS 1.1 Treatment and Transportation By separate agreement, DENTON has agreed to treat raw water for DISTRICT in DENTON'S water treatment system, and to transport such treated water to point(s) of delivery designated in ° this Agreement or by separate agreement where water will be delivered to DISTRICT by DENTON. This Agreement concerns certain quantities of raw water which may be treated by DENTON under the referenced agreement or may be treated by DISTRICT in its own water treatment plant. 1.2 Temporary Supply of Raw Water DENTON reserves the right to offer raw water for temporary sale to DISTRICT according to the terms of Article II. 1.3 No Conveyance of Water Rights DENTON and DISTRICT acknowledge that nothing in this Agreement is intended to sell, transfer, encumber, or convey any water, rights from DENTON to DISTRICT or any other entity and no such rights are sold, transferred, encumbered, or conveyed. If this Agreement is ever construed to effect a sale, transfer, encumbrance, or conveyance of water rights from DENTON to DISTRICT, then it shall be null and void. July 16, 1992 C Hr\Staff\GN0\gncl541 3 ti' c i ARTICLE 11 SALE OF RAW WATER 2.1 Temporary Sale of Raw Watex The DISTRICT acknowledges that DENTON has certain water rights in Lake Lewisville and Lake Ray Roberts, which rights have been granted by the State of Texas to DENTON. If DEUTON determines that it has raw water temporarily surplus to its current needs, tt may offer by letter such raw water for sale to DISTRICT for temporary use from time to time, in such quantity or for such period of time as DENTON may determines serves its best interest, If, pursuant to Section 2.3 hereof, DENTON offers DISTRICT raw water at a price no greater than eighty five percent (85%) of the posted price for wholesale raw water then offered by the City of Dallas, DISTRICT shall accept said offer by letter under the terms of this Agreement. Such sale shall not require an amendment or separate agreement, and DENTON, as seller, will have the right to terminate such sale upon six-months' written notice to DISTRICT. 2.2. Interim Sale DISTRICT and DENTON agree that the raw water sold to DISTRICT under this Agreement is sold on an interim basis only. The purchase of a certain amount of water by DISTRICT in any one year does not guarantee that that same amount of water will continue to be available to DISTRICT for any subsequent year. DISTRICT may purchase from DENTON only that amount of water that DENTON has identified as temporarily surplus to Its needs for any July 16, 1992 / Hi\Staff\GNC\gnc1541 4 \ a, r particular year. DENTON is under no obligation to make such water available to DISTRICT upon DISTRICT'S request. DISTRICT has entered into a contract with the City of Dallas for long-term purchase of~untreated water. It is the intention of the parties hereto that this Agreement is for the purpose of providing a raw water source only on an interim basis. 2.3 First Opportunity " DISTRICT hereby agrees that DENTON shall have first opportunity to provide the raw water needs of DISTRICT, taking into account and respecting the provisions of separate agreements the DISTRICT may have with the Cities of Commerce, Dallas and Irving concerning purchase or transportation of raw water from Cooper Reservoir, which amount of water shall be limited to the amounts specified in contracts with Commerce at the effective date of this Agreement. 2.4 Delivery Location Raw water sold by DENTON to DISTRICT under this Agreement will be made available to DISTRICT at either Lake Lewisville or Lake Ray Roberts according to the needs Of DISTRICT. DENTON agrees to flow water from Lake Ray Roberts to Lake Lewisville if necessary to meet DISTRICT'S approved requests for water. 2.5 Availabilitv Limitation Availability of water under this Agreement is expressly subject to and limited by the available supply of raw water to DENTON. The determination of availability rests with DENTON. DENTON shall exercise due diligence to assure that the supply of July 16, 1992 H~\Staff\CNC\gnc1541 5 , l v' 1 r "l li water is maintained. Should DENTON need to curtail the supply of water to its other customers, because of drought, contamination, acts of Cod, civil disturbances, war or other cause beyond its control, DENTON may curtail the supply of water to DISTRICT without being in default of this Agreement. 2.6 Resale DISTRICT agrees that neither it, nor any of its customers served by DISTRICT with water acquired hereunder, will sell or offer for sale, any such water to any customer within the area included within DENTON'S single, dual, or multiple certificated areas of Certificate of Convenience and Necessity from the Texas Water Commission, unless approved in writing by DENTON. This provision, however, shall not prevent any such DISTRICT customer from serving customers within their own certificated service areas, as those areas exist on the date of this Agreement. This provision shall not apply to the Cities of. Bartonville and Argyle. 2.7 Water ystem Standards and Supply DENTON expressly reserves the right to discontinue temporarily, after notice to DISTRICT, the supply of water to DISTRICT whenever it is necessary to do so to insure proper operation of the DENTON water system. No claims for damages for such discontinuance shall be made by DISTRICT against DENTON. July 160 1992 \ Hi \Staf£\CNC\gnc1541 6 Y 5 i i 1 2.8 Qualilyof Water DENTON does not warrant or make any representations to DISTRICT that the raw water sold to DISTRICT hereunder has any particular qualities, or meets any particular standards, 2.9 B111ina DENTON shall render bills monthly for raw water charges 4 incurred by DISTRICT under this Agreement by the tenth (10th) day of each month. Bills shrill be due and payable upon receipt by DISTRICT. DISTRICT shall make payments to DENTON within 20 calendar days of the date a bill for service is rendered, if DISTRICT at any time disputes the amount to be paid by it to DENTON, DISTRICT shall nevertheless promptly make such payment or payments; but, if it is subsequently determined by agreement or court decision that such disputed payments should have been less, or more, the amount shall be promptly adjusted. The charges shall be adjusted in such manner that DISTRICT will recover its overpayment or DENTON will recover the amount due it. All amounts due and owing to any Party shall, if riot paid when due, bear interest at the rate of ten percent (10%) per annum from the date when due until paid, ARTICLE III GENERAL PROVISIONS 3.1 Severability Should this Agreement, or any provision thereof be, or be found to be, in violation of any applicable law or regulation, either party, upon reasonable notice to the other, may terminate July 16, 1992 C Hi\Staff\GNC\9ncl541 7 r. this Agreement, or, upon the mutual consent of each party, this Agreement may be amended so as to be in compliance with such law or regulation. 3.2 MAJInment Neither DENTON nor DISTRICT shall assign or transfer in whole or in part the rights and privileges granted in this Agreement without first obtaining the written consent of the other Party. 3.3 Entire Agreement; Modification This Agreement embodies the whole agreement of the Parties. There are no promises, terms, conditions, or obligations other than those contained herein, This Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the Parties, and all modifications of this Agreement shall be in writing and approved by both Parties. 3.4 Venue All amounts due under this Agreement shall be paid and be due in Denton County, Texas, It is specifically aqreed among the Parties that Denton County, Texas is the place of performance of this Agreement. In the event that any legal proceeding is brought to enforce this Agreement or any provision hereof, the same shall be brought in Denton County, Texas, 3.5 No Thirtl paw Beneficiaries This Agreement is solely intended for the benefl.t of the parties hereto and is not intended to and shall not be construed to be for the benefit of any individual or create any duty on behalf July 16, 1952 8i\8taff\QNC\gnc1541 8 1Y~ Y k i~ 1 Of DENTON or DISTRICT to any third party. 3.6 Term This Agreement shall become effective upon the date first above written upon execution of both Parties and shall terminate twenty (20) years thereafter. The Agreement may be renewed for a subsequent ten-year (10) period if agreed to in writing by both Parties at least five (5) years prior to termination date, a 3.7 Termination and Default Should DISTRICT fail, refuse or neglect to for water within sixty (60) days of the date due or should it refuse, neglect, or fail to comply with or perform any of the conditions on its part required to be complied with or performed hereunder, DISTRICT shall be in defatilt. If after such default, DENTON shall deliver to DISTRICT, addressed to the Executive Director of DISTRICT, a notice in writing of its intent to terminate the supply of water on account of such failure, refusal or neglect, then DENTON shall have the right to terminate the water supply at the expiration of thirty (30) days after the giving of such notice and to terminate this Agreement, unless within thirty (30) days DISTRICT shall make good such failure, refusal or neglect, If DISTRICT pays or performs within the thirty (30) day period the default shall cease to exist. The termination of this Agreement, as provided herein, shall not release DISTRICT from its obligation to make payments of any amounts due or to become due in accordance with the terms hereof, July lb, 1992 Hi\5taff\oN0\gnol541 9 i k r. Y 3.8 Forco Majeure If, because of flood, drought, fire, explosions, civil disturbance, war, water system failure or malfunction, acts of God, or other causes beyond the control of either Party, either Party is not able to perform any or all of its obligations under this Agreement, then the respective Parties' obligations hereunder shall 4 be suspended during such period. 3.9 Liability and Claims (a) Except for those things described and disclaimed in paragraph 3.10, which are expressly excluded from this paragraph, DENTON agrees to hold harmless and defend DISTRICT, its officers and employees, from any claim for injuries, damages or losses that arise from any act, omission or negligence of DENTON, its of.fiaers or employees, arising from the sale of raw water hereunder or the operations of any facilities owned by DENTON and used under this Agreement, unless said damages result from the negligence of DISTRICT. (b) DISTRICT agrees to hold harmless and defend DENTON, its officers and employees, from any claims for injuries, damages or losses that arise from any act, omission or negligence of DISTRICT, its officers or employees, arising from the performance of this Agreement, unless said damages result from the sole negligence of DISTRICT. July 16, 1992 10 Hj\Staff\aNC\gnc1541 \ `f 3.10 No Representations DENTON makes no representation or warranty, express or implied, as to the character, quality or availability of the water to be taken and DISTRICT agrees to assume all such risks, accepting said water, if available, in the same state as it is pumped from the designated diversion points; nor does DENTON make any representation that such water will be suitable for the purpose for which DISTRICT desires to use it. DENTON shall not be liable in any event for the nonavailability of water hereunder, the unsuitability of such water or its quality, or the inability of DENTON to perform any obligation under this Agreement for reasons beyond its control, including rules or regulations of other governmental agencies. 3.11 Water Conservation Plan In the event DENTON is required to adopt a water Conservation Plan, or has such a plan imposed upon it, it will so notify DISTRICT, and DISTRICT shall cooperate in carrying out the intent of the Plan. 3.12 Notices Any notice, request for information or other document to be given hereunder to any of the Parties hereto by the other Party shall be in writing and shall be hand-delivered or sent by certified or registered mail, postage prepaid, requesting evidence of receipt as follows: July 16, 1992 Fit\Staff\ON0\gncl541 11 r, i C~ S (a) If to DENTON, Addressed to: City of Denton Attention City Manager 215 East McKinney City of Denton, Texas 76201 (b) If to DISTRICT, Addressed to: Upper Trinity Regional Water District Attention: Executive Director Post Office Drawer 305 Lewisville, Texas 75067 Either Party may change the address for notice above by certified mail to the other Party at any time. 3.13 Governmental Immunipylot Waived r Neither DENTON nor DISTRICT waives, nor shall be deemed hereby to waive, any immunity or defense that world otherwise be available to it against claims made or arising from any act or omission resulting from this 4greement. 3.14 Essential Services DISTRICT represents and warrants to DENTON that the services to be rendered by DISTRICT to its customers as a result of this Agreement are essential and necessary to the operation of its customers. DISTRICT agrees to require in all of its contracts with its customers the language contained in Exhibit "A". 3.15 Captions The captions of the various sections and paragraphs herein are intended for convenience or reference only and shall not define or limit any of the terms or provisions hereof. July 16, 1992 Hs\Staff\GNC\gnc1541 12 C t j to :a ;I 4 u 1 3.16 Governing Laws This Agreement shall in all respects be governed by and construed in accordance with the laws of the State of Texas, including all matters of construction, validity and performance. 3.17 Nonwaiver F_ The waiver by DENTON of any breach of any provision contained in this Agreement shall not be deemed to be a waiver of such provision for any subsequent breach of the same or any other provision. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their respective duly-authorized officers in multiple originals as of the date and year first above written. CITY OF DENTON, TEXAS ATTEST: Bob Castleberry, Mayor Jennifer Walters, City Secretary APPROVED AS TO LEGAL FORM: Debra A. Drayovftch, City Attorney July 160 1992 H:\staff\GiNC\gno1541 13 C r 9 UPPER TRINITY REGIONAL WATER DISTRICT Jim Karlovich, President Board of Directors 0 ATTEST; UPPER TRINITY REGIONAL WATER DISTRICT Tom Harpool, Secretary Hoard of Directors APPROVED AS TO LEGAL FORM: John F. Boyle, Jr., Attorney Hutchison Boyle Brooks & Fisher July 16, 1992 H:\Staff\GNc\gnc1S41 14 4 'r. !1 k EXHIBIT A Each of the Participating Members, respectively, represents and covenants that all payments to be made by it under this Contract shall constitute reasonable and necessary "operating expenses" of its combined waterworks and sewer system, as definea in Vernon's Ann. Tex. Civ. St. Article 1113, and that all such payments will be made from the revenues of its combined waterworks and sewer system or any other lawful source. Participating Members, respectively, represent and have determined that the treated water supply to be obtained from the System, including the ` Project and other System facilities, is absolutely necessary and essential to the present and future operation of its water system and that the System is the best long-term source of supply of treated water therefore, and accordingly, all payments required by this Contract to be made by each Participating Member shall cons- titute reasonable and necessary operating expenses of its respec- tive system as described above, with the effect that the obligation to make such payments from revenues of such systems shall have pri- ority over any obligation to make any payments from such revenues (whether of principal, interest, or otherwise) with respect to all bonds or other obligations heretofore or hereafter issued by such Participating Member. Each of the Participating Members agrees throughout the term of this Contract to continuously operate and maintain its water- works system, its wastewater (sewer) system or both, and to fix and collect such rates and charges for water services, wastewater (sewer) services or both to be supplied by its system or systems as aforesaid sa will produce revenues In an amount equal to at least (i.) all of the.expenses of operation and maintenance expenses of such system or systems, including specifically, its payments under this Contract, and (ii) all. other amounts as required by law and the provisions of the ordinance or resolutions authorizing its revenue bonds or other obligations now or hereafter outstanding, including the amounts required to pay all principal of and interest July 16, 1992 ,5 Hi\Staff\CNC\gna1541 4 x r. r i( t on such bonds and other obligations, The District covenants and agrees that neither the proceeds from the sale of the Bonds, nor the moneys paid it pursuant to this Contract, nor any earnings from the investment of any of thA fore- going, will be used for any purposes, except those directly relat- ing to the System, and the Bonds as provided in this Contract; pro- vided that the District may rebate any excess arbitrage earnings from such investment earnings to the United States of America in order to prevent any Bonds from becoming "arbitrage bonds" within ° the meaning of the Internal Revenue Code of 1986 (the "Code") or any amendments thereto in effect on the date of issue or such Bonds. Each of the Participating Members covenants and agrees that it will not use or permit the use of the System in any manner that would cause the interest on any of the Bonds to be or become sub- ject to federal income taxation under the Code or any amendments thereto in effect on the date of such Bonds. July 16, 1992 Ht\staff\ONC\gncl541 16 r.